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HomeMy WebLinkAboutCouncil Information Memorandum 04-28-1994APRIL 28, 1994 UPCOMING MEETINGS AND EVENTS .... 1. CITY COUNCIL MEETING SCHEDULE FOR APRIL: APRIL 30 8:00 - 10:30 A.M. COUNCEL STUDY SESSION - Work Program Public Safety Conference Room ------------------------------------------------------------------------------------------------------------ 2. CITY COUNCIL MEETING SCHEDULE FOR MAY: MAY 2 MAY 9 MAY 16 MAY 23 7:00 P.M. COUNCIL MEETING Council Chambers 7:00 P.M. COUNCIL STUDY SESSION PROPOSED TOPICS: Capital Improvements Program City Attorney City Center Expansion Project Public Safety Conference Room 7:00 P.M. COUNCIL MEETING Council Chambers 7:00 P.M. COUNCIL STUDY SESSION PROPOSED TOPICS: West Medicine Lake Park City Center Expansion Project (if needed) Public Safety Conference Room CITY COUNCIL INFORMATION MEMO April 28, 1994 Page 2 3. WATER QUALITY COMMITTEE -- TUESDAY, MAY 3, 7:00 P.M., Council Conference Room. Agenda packet attached. (M-3) 4. HUMAN RIGHTS COMMISSION-- THURSDAY, MAY 5, 7:30 P.M., Council Conference Room. Agenda attached. (M-4). 5. NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL - ANNUAL MEETING - - THURSDAY, MAY 5, 5:00 P.M. Northwest Hennepin's Human Services Council's annual meeting will be held at ;the Holiday Inn North in Brooklyn Center. Meeting notice attached. Please contact Laurie if you would like to be registered. (M-5) 6. TWINWEST 'STATE OF THE CITY' COFFEE BREAK -- TUESDAY, MAY 17, 7:30 A.M., TwinWest's "State of the City" program. The program will provide an opportunity for the Mayor, Councilmembers, and staff members to meet with business persons from the Plymouth community here at the City Center. Information on the Coffee Break is attached. (M-6) 7. SPECIAL RECYCLING DAY -- SATURDAY, APRIL 30. The City's special, one day recycling drop-off collection will be held from 9 a.m. - 3:30 p.m. in the Maintenance facility parking lot. The following materials may be dropped off: carpet, tires, electronics, mattresses/box springs, appliances, Goodwill/Easter Seal items, scrap metal/batteries. No household hazardous materials, including paint, will be accepted. 8. METRO MEETINGS & DIGEST -- The weekly calendar of meetings for the Metropolitan Council and its advisory commission is attached. (M-8) 9. MEETING CALENDARS - City Council and City Center calendars are attached. (M-9) FOIA.:;YOUR:>I �+R TIO �±T > > .. .... 1. LEGISLATIVE UPDATES: a. Memo from John Sweeney giving an Opt -Out transit legislative update. (I -la) 2. MINUTES & AGENDAS a. Park and Recreation Advisory Commission, April 14, 1994. (I -2a) b. Planning Commission, April 13, 1994. (I -2b) c. Housing and Redevelopment Authority, March 17, 1994. (I -2c) 3. INSURANCE CLAIMS REPORT -- A status report of claim activity through March 31, 1994 is attached. (I-3) 4. CITY ATTORNEY BILLING -- The March billing summary from the City Attorney is attached. (I-4) 5. CITIES BULLETIN -- A copy of the April 22 issue is attached. (I-5) CITY COUNCIL INFORMATION MEMO April 28, 1994 Page 3 6. NEWSLETTER & PUBLICATIONS: a. Metro Voice, Metropolitan Council publication, April, 1994. (I -6a) b. Minnesota DARE Update, newsletter from Attorney General and DARE Advisory Council. (I -6b) c. Interfairth Outreach & Community Partners newsletter. (I -6c) 7. PLYMOUTH CITY BRIEFS -- April 26, 1994. (I-7) 8. MEMOS & CORRESPONDENCE: a. Letter to Dottie Rietow, Chair, Metropolitan Council, from Mayor Tierney, regarding the City's review of the proposed Regional Blueprint. (I -8a) b. Letter from Lynn Mikula, PRAC Commissioner, to Mayor an council, advising of resignation effective August 1, 1994. (I -8b) c. Letter from Delos Barber, Minnesota DNR, advising of the DNR's plan to conduct a survey of shore anglers throughout the 7 -county metro area. (I -8c) d. Letter from Stephanie Croteau, 4105 Xene Lane, to Mayor Tierney, supporting a stronger tree protection ordinance. (I -8d) e. Letter form George Wilson, 430 Zinnia Lane, to Mayor Tierney, regarding Plymouth property values. (I -8e) f. Letter from Mark Milerger, 11035 36th Place No., to Mayor Tierney, on the expansion of Zachary Lane. (I -8f) g. Letter from Michael Larson, Manager Customer Service, Lost Lake Post Office Branch, to Mayor Tierney, regarding addresses for Trenton Ponds development. ;(I - 8g) Dwight D. Johnson City Manager ,77 1 f�i 6 :.i' �h h •�4 k;^ti April 27, 1994 f CITU OF PUPIOUTR «first» <<middle» «last» <,address»' SUBJECT: WATER QUALITY COMMITTEE MEETING NO. 27 Dear «first»: Please find enclosed the meeting minutes of Meeting No. 26 held on April 5, 1994 as well as the Agenda for Meeting No. 27 scheduled for Tuesday, May 3, 1994 at 7:00 in the City Council conference room. I am enclosing a copy of an April 7, 1994 memo to the Planning Commission from Barbara Senness, Planning Supervisor, regarding the wetland ordinance development. The schedule included in the memo was subsequently discussed at the April 18, 1994 City Council Meeting and approved. As an interim measure, the existing building setback requirements will be considered for revision to incorporate an interim requirement of determining building setbacks from the wetland edge rather than from the property line. It is my understanding this will be developed within the coming month. I am also enclosing a copy of the Water Quality Committee 1994 calendar year agenda as prepared by Chairperson McKee as revised at our April meeting. Chairperson McKee also asked that I include copies of City ordinances from Chanhassen and Maple Grove which address the air, light, and noise issues which the Committee is considering. For your information, we will have a City volunteer as the Recording Secretary beginning at the May meeting. Her name is Loree Williams and I am very pleased and am sure you will be also to have her assistance. If you have any questions concerning the upcoming meeting, please call me at 550-5071. Sincerely, Daniel L. Faulkner enclosures cc: Fred Moore, Director of Public Works Dwight Johnson, City Manager Chuck Lymangood Ginny Black We Listen • We Solve • We Care 3400 PLYMOUTH BOULEVARD • PLYMOUTH MINNFc;nTA x144.7 • TF1 FPHnnjF (F»� rrn_Fnnn NIINiJTES WATER QUALITY COMMITTEE MEETING NO. 26 Tuesday, April 5, 1994 7:00 P.M. PRESENT: Members - Mary McKee, Sharon Meister, Rita O'Donnell, David Shea, Craig Twinem, Jeff Shopek, Staff Ex -officio - Dan Faulkner, Planning Supervisor Barb Senness, Mayor Joy Tierney. ABSENT: LuAnn Yattaw GUESTS PRESENT: John Barten - Hennepin County Parks Department; and Ann Bipes. The meeting was called to order by Chairperson Mary McKee with the first item of business being the approval of Minutes from the March 8 meeting. Craig Twinem commented that on Page 2 of the Minutes, his comment regarding EAW's should have read differently, i.e., EAW's address, air, noise, and water quality issues. Sharon Meister commented that on Page 5, she also had a change in the Minutes, she supports a 50 foot fixed width buffer. The March Minutes were approved as amended. Barb Senness updated the Committee on the status of the proposed wetland ordinance development. She summarized the input received at the five informational meetings held during the week of March 14 concerning the proposed wetland ordinance. She noted that there were three major themes: 1. There is a need for a wetland buffer although there was no consensus on the specifics of this item. 2. The wetland buffer issue is very complex and affects various other kinds of regulations dealing with developments. 3. There are two points of focus with the wetland ordinance, those being water quality only or water quality and habitat. At the March 23, 1994 Planning Commission Meeting, the Commissioners indicated to Barb that they would like some additional direction from the City Council. She indicated that the original schedule for developing a wetland ordinance was quite ambitious and now realizes a revised schedule is needed to allow more time to consider all the various issues raised. While an alternate schedule has not yet been prepared, Barb indicated she intends to go back to the Planning Commission at their April 13 meeting and indicated that it would be entirely appropriate for the Water Quality Committee to provide additional input and focus as the wetland ordinance is developed. MINUTES - WATER QUALITY COMMITTEE MEETING NO. 26 Page 2 The Committee briefly discussed the status and development of a wetland ordinance and it was the general consensus that both water quality and habitat are important and both goals should be obtainable without the need to differentiate . Therefore, the focus of the wetland ordinance should be both habitat and water quality. Barb Senness indicated that the purpose of the wetland ordinance would be as defined in the State Wetland Act. It was the sense of the Committee that all these purposes are important and should be addressed in the wetland ordinance. Rita O'Donnell asked now the other suburbs have handled non -conforming uses. Barb indicated that Maple Grove didn't really address that issue when they were developing their ordinance and now they are finding it difficult to deal with. Chanhassen did not respond to Barb's question regarding non -conforming uses, although they spent nearly 2 1/2 years developing their storm water management plan, which includes wetland issues. The Committee agreed that all the issues must be fully addressed and this may take a minimum of 4 months for staff to consider all the issues. Barb indicated that she feels there will be some voluntary compliance of wetland setbacks in the short term due to the increased emphasis in this area. Barb further indicated that the City Attorney is looking at several issues including non -conforming setbacks, which may become an issue in terms of rebuilding or redevelopment. Chairperson McKee indicated that she desires additional input of the Water Quality Committee as the wetland ordinance is developed. In order to provide some direction to the City Council and City Staff, Rita O'Donnell made a motion which was seconded by Sharon Meister to advise the City Council that the buffer should be 50 feet which would be added to a 25 foot building setback measured from the edge of the defined wetland. In addition, the buffer should be a fixed distance and comprised of native vegetation. The motion was approved on a 4 to 2 vote. Mayor Tierney asked, "What is native vegetation?" John Barten clarified that the real meaning is native or naturalized non -noxious vegetation. Mayor Tierney commented that there needs to be additional study done on Plymouth's wetlands including the vegetation that surrounds the City's existing wetlands. It is her understanding that some of the existing natural vegetation is not desirable. Sharon Meister commented that she feels many of the degraded wetlands can come back if given a change. Jeff Shopek commented that at the Committee's March 8 meeting we were discussing three types of wetlands. He feels that picking a number right now is not the proper course of action as there is much work left to be done before this decision is made. Craig Twinem added that in determining that a 50 foot buffer is appropriate, many desirable items could be affected such as trails, etc., which are much closer than 50 feet to the wetland's edge and these things must be considered. John Barten commented that he likes the concept of a wetland buffer and that a set distance from all wetlands is probably the best course of action. He added that you cannot protect all things equally and therefore you must decide which wetlands you are going to protect. This may involve allowing low quality wetlands to be degraded, such as when used for storm water and sediment containment, in order to focus on MMS UTES - WATER QUALITY COMMITTEE MEETING NO. 26 " Page 3 maintaining and improving the better quality wetlands. There are many type 1 and 2 wetlands which you probably wouldn't be able to recognize as wetlands and setbacks from these types may not have much of an impact. If you try to protect everything, the better wetlands won't be protected as well as you desire. He added that you should focus on protecting the ecological integrity. He indicated that he supports looking at buffer zones by wetland type. Following Committee discussion on the various wetland types, the discussion concluded with the comment that the previous motion passed gives the Committee's opinions. The next item of old business was the City Manager's memo on his request for the Committee to review its charge. Mary McKee referred to the handout she had prepared entitled "Objective of Environmental Water Quality Committee." Jeff Shopek indicated that the Committee could look at one topic per month involved with the environmental quality issues and then determine what the Committee's charge should be. Jeff proposed a motion to look over the issue of Committee charge during the next five months and then address a possible change in the fall. The motion passed 6 to 0. The next item was on new business. Mary McKee indicated she had talked with Councilman Lymangood who requested that the Committee consider the City's water restriction policy. The Committee briefly discussed this item and there was no consensus reached as to what role the Committee should play. Jeff Shopek suggested that something could be put in the City's Plymouth News under the May article which would address the Water Restriction Policy. Other Committee members indicated there is some clarification needed on what the problem is and what is currently occurring. The next new business item was the review and update of the 1994 Informational Media Plan. Dan Faulkner had provided a monthly listing of articles produced and put in the Plymouth News last year as well as a proposal for 1994 as prepared by Communications Coordinator Helen LaFave. It was noted that the April Plymouth News Issue had an article on Eurasian Water Milfoil which Marsha Videen had prepared. While there was no consensus on the plan as prepared by Helen LaFave, it was the Committee's consensus that last year's articles should be brought to the May meeting for review. Sharon Meister handed out an article she had written on wetlands and hopes to have this in the May issue of the Plymouth News as she had discussed this with Helen LaFave. The Committee decided that this article was not part of the Committee's agenda and, therefore, no review was given. The Committee's consensus was that this should not be a substitute for our monthly news items on water quality and Sharon could proceed as an individual. The Committee's consensus was that the May issue is a good time for addressing fertilizer and lawn chemicals. The next item of new business was a report from the City on the number of actions taken in other environmental issues within the year. Dan Faulkner distributed summary reports as prepared by Eric Blank on the Open Space Committee and Margie Vigoren on the City's Solid Waste Program. It was the Committee's consensus that these issues MINUTES - WATER QUALITY COMMITTEE MEETING NO. 26 Page 4 deserve more discussion than one meeting's worth and this would be accomplished in the coming months. Chairman McKee suggested that the Committee consider the 1994 monthly calendar of agenda items which she had prepared. It was the Committee's consensus that the Plymouth Water Restriction Policy should be reviewed and discussed at the May meeting. It was further determined that the review of air, light, and noise pollution policies as they pertain to Plymouth, should be moved up to the May meeting for further review. A review of Plymouth's Recycling Program could then be discussed at the June meeting with the anticipation that Solid Waster Coordinator Margie Vigoren could attend. The July meeting would take place at the Music in Plymouth Concert with the meeting consisting of a booth to distribute educational material. It was noted that this date is anticipated for June 29. The August meeting will discuss the Open Space Task Force progress and possibly Eric Blank could attend. The September meeting would address fertilizer sampling and recommendations based on the sampling results. At the October meeting EAWs and EISs would be discussed. The November meeting would include a discussion on finalizing the Committee charge and forming sub -committees where appropriate. The December meeting would review Plymouth's Shoreland Ordinance and compare it with updates from other cities. The January 1995 meeting would discuss the Committee's Informational Media Plan and update it for 1995. A motion was made and passed to revise the calendar to reflect the above monthly meeting agendas. The next item on the Committee's agenda included general discussion. Jeff Shopek asked about the status of the City's Storm Water Management Plan Update. Dan Faulkner indicated that there has been no additional movement on this update due to time constraints. Craig Twinem commented that the Committee needs to have input on this plan update. It was the Committee's consensus that the City move ahead with this update as soon as possible. Mayor Tierney asked how much the Committee has pushed the idea of using a buffer zone to control the geese problem around wetlands. She indicated that this is a problem and the buffer may help resolve this issue. Rita O'Donnell commented that she would like to see the Committee's material received on double sided paper. The meeting adjourned at approximately 9:05 p.m. Submitted by: Daniel L. Faulkner AGENDA WATER QUALITY COMMITTEE MEETING NO. 27 May 3, 1994 7:00 P.M. 7:00 Call to Order 7:05 Approval of Minutes 7:10 Announcements & Visitor Recognition 7:15 Old Business * Review of Proposed Wetland Ordinance. Barb Senness * Reactions to reprints of our newsletter articles. * Clarification on reviewal of water restrictions. Chuck Lymangood * Reaction to the handouts on Open Space and the Recycling program. Request more information and/or personnel to address these issues. 8:00 New Business * Discuss the ramifications of incorporating noise, air, and light pollution into our charge. 8:30 Discussion 9:00 Adjourn AGENDA WATER QUALITY CON UTTEE 1994 Calendar Year May Review of air, light, and noise pollution policies as they pertain to Plymouth. June Review of Plymouth's Recycling Program July Concert in Plymouth booth space. August Review of progress of the Open Space Task Force. September Report on fertilizer sampling and recommendations for impacting Plymouth residents. October Presentation of EAW and EIS to understand the scope & purpose. November Finalizing the committee charge and forming sub committees where appropriate. December Review Plymouth's shoreline ordinance and compare it with updates from other cities. January Discuss our Informational Media Plan and Update it for 1995. CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447 DATE: April 7, 1994 TO: Plymouth Planning Commission FROM: Barbara Senness, Planning Supervisor W5.- SUBJECT: Wetland Ordinance At its last meeting, the Commission directed staff to 1) prepare a memorandum outlining issues and options for the wetland ordinance and 2) lay out a revised schedule for completion of the ordinance. OPTIONS The two major areas of concern discussed at the last meeting were 1) what the focus of the ordinance should be and 2) how the ordinance will affect existing development. Focus of the Ordinance The wetland ordinance will 1) incorporate the requirements of the 1991 State Wetlands Act in the City's codes and 2) add a wetland buffer where naturalized vegetation is maintained. This dual nature was not discussed at the last meeting, but does have a bearing on the question of focus. The purpose of the state law is broad, ranging from improving water quality and preserving wildlife habitat to enhancing the natural beauty of the landscape. Since the City's ordinance will incorporate the requirements of the state law, the overall purpose of the city's ordinance will likewise be broad. However, the City may wish to narrow the focus of the ordinance as it applies to wetland buffers. At the last meeting, the Commission discussed two options: 1) preservation of water quality and 2) preservation of water quality as well as wildlife habitat. At its meeting on April 5, 1994, the Water Quality Committee discussed the importance of preserving both water quality and wildlife habitat because of their interrelationship in maintaining the quality of wetlands. One example cited at the meeting related to cattail marshes which are considered degraded wetlands. A committee member noted that these wetlands can be improved if muskrats exist in adjacent areas because muskrats eat cattails. Fewer cattails can result in more open water in the wetland, thereby improving the quality of the wetland and providing appropriate habitat for other species, such as ducks. Based on the dual purpose of the proposed ordinance and the interrelationships of water quality and wildlife habitat, staff has concluded that the ordinance focus should include both protection of water quality and wildlife habitat. Staff would therefore approach the question of buffer width looking at both these factors. Implementation Options Within this metropolitan area, there are two communities that Plymouth can look to as a model for implementing its wetland ordinance. These communities are Maple Grove and Chanhassen. A: "Maple Grove Model": apply buffer requirements only to new developments for which applications are received after the effective date of the ordinance. For existing lots, the only restrictions are Wetland Conservation Act rules against filling, etc. Advantages: This option offers simplicity, it "grandfathers in" everybody currently in the review process, so it would likely eliminate many challenges by developers with projects in process. It minimizes staff required to administer and interpret the ordinance because it would apply only in new subdivisions and it would not impact any existing homes. Disadvantages: This option would not provide any protection to wetlands impacted by current development or developments at various stages of the approval process. This raises equal protection questions: if it is so important to protect wetlands, should the City single out only a few new developments? B: "Chanhassen Model": establish different requirements for lots that were "created after" the date of ordinance adoption, as opposed to those that were lots "of record" on the date the ordinance went into effect. For those created after the ordinance was adopted, the buffer plus setback applies. For those that were already of record, there is no buffer requirement but there is a larger setback requirement. New construction or additions on any lot not in conformance requires a variance. Advantages: This option protects all wetlands, not just those in new developments. It creates opportunities to add buffers where none exist because conditions can be placed on variance approval. It mitigates the lack of buffers on existing lots with greater setbacks. Disadvantages: The administrative burden could be great, depending upon how many non -conforming lots are created and what types of additions or improvements are allowed within the setbacks. Chanhassen staff noted that they did not think that variances have been a burden, as most existing lots had been created with sufficient setbacks from wetlands. They have hired a full-time water resources coordinator (an engineer) to work on wetland and surface water issues. Chanhassen has been ahead of most other cities in discouraging encroachment on wetlands, and has had some policies in place for ten years or more which limited the creation of lots that will need variances. Issues for either approach: • It is important to define what types of structures, if any (i.e. fences, decks, porches, patios, sheds) will be permitted in the setback from the buffer. Plymouth currently permits fences anywhere on the lot, and sheds within six feet of a rear property line. There is also a need to define what it means to have a lot "created" after the date of the ordinance adoption and how to treat older preliminary plats, site plans and PUD's with regard to the new provisions. REVISED SCHEDULE Based on the questions raised at the various public information meetings and at the Planning Commission, staff will propose the following general schedule to the City Council at its meeting on April 18. • Research Phase: 8 weeks The research phase would involve collecting and analyzing additional wetland buffer information, interviewing experts in the field and using consultants on a limited basis to help develop wetland buffer proposals. This phase would also involve analysis of what other types of comprehensive plan and regulatory changes might be required at the same time a wetland buffer is introduced to balance the effects on existing and future development in the City. • Follow-up Phase: 4 weeks This phase would involve additional meetings with residents of the community, developers, the Water Quality Committee, Planning Commission and City Council. -- Drafting Phase: 3 weeks DIV . During this phase, staff would prepare a draft wetland ordinance as well as draft any required comprehensive plan and other related ordinance changes that may be warranted. • Adoption Phase: 6 weeks This phase would include public notice of the proposed ordinance, a formal public hearing and adoption of the ordinance by the City Council. Under this general schedule, the City could adopt a wetland ordinance and any other related plan and ordinance changes by mid-September, 1994. SENT BY:GOY & ASSOC./BRIDGEMAN; 4-15-94 ; 19:46 6129313199-4 612 5505060;# 2 j NUISANOES 41S a (S All explosive&, inflammable liquids and other dangerous substances or materials stored or accumulated in any manner or in any amount other than that provided by law or or enol; (4 All use, posses 5ion or display of fireworks except as proviW by law or ordinance; (5 All buildings 4nd structures, and all alterations thereof made, erected or altered in violation of prdlnaneas concerning the manner of construction and the materi- als used therein; , Obstructions 4nd excavations affecting the use of public streets, alleys, side. walks or publc grounds, except under such conditions as are provided by ordi- nancq; and an other excavation left unprotected, uncovered or allowed to exist In suite manner as to attract children or to constitute a hazard to the public; The liiling, sIng or keeping of old machinery, wrecked or junked vehicles, or other,junk or debris upon open spaces; "Junked vehicle" means a vehicle that is not registered ind which does npt possess a current state automobile license, but the license is rot to be the sole factor determining the status of the vehicle; Obstructing trOic ana the tree use of public streets or sidewalks; All hanging sins, awnings and other similar structures over public streets or sidsWAlks, or iso situated as to ond'anger public safety, not constructed and maintained as,providod by law or ordinance, or without proper permit; Permitting rat, water, ice or snow to fall from any building on any public street or sidewalk or flow across any public sidewallk; (111 All dangerous unguarded machinery, equipment or other property in any public place, or so tit4ated or operated on private property as to attract minor children; (12 Placing entran'os culverts, or doing any act which may alter or affect the drain• age of public s�reets or alleys or the surface or grade of public streots, alloys or sidewalks without proper permit; Making repair6 to motor vehicles, or tires in public streets or alleys, excepting only emergency repairs which will not unduly impede or interfere with traMc; Throwing, pl4ng, depositing, or burning leaves, trash, lawn clippings, weeds, grass; or other'material in the streets, alleys or gutters; Erecting, paintiIng or placing of unauthorized traffic signs or advertising signs in streets, or allege or on sidewalks; All trees, hedges, billboards or other obstructions which prevent a clear view of traMc approac Ing an intersection in sufficient time to bring a motor vehicle driven at aro nable speed to a stop before the intersection is reached; Any dog whiohl shall kill, wound or harass any other domestic animal; 7Q1S OLIN DT - WT 84 HJJVV./URIUUCIVIHIN, 4-ID-ZJ4 , I,)•41 JIJIyI- bl'L 55U5UbU�Fi 3 � I 18-2 CIIANWSEN CITY CODE 8) Auy dog which habitually barks in such manner as to disturb the peace; 4Upi+. No. 9) Any dog which h&rauu, chafes or molests Norm, motor vehicles or persons; 0) To leave any unused lee box, reflriprator, cooler or other box with a door thereon which will e6lude air when thut; 1) All other co4ditions, acts, or things which are liable to cause injury to the person or �roperty. 2) Qerwrol proh4ition. No person shall male or cause to be made any distinctly and lou*audib a noise that unrsaaonably annoys, disturbs, inures, or endanpers the oo>�rt, se, health, peace, aalety or welfare of any person or precludes their anjoymitnt of property or affeeta their property's value. This general prohi• bition to not ted by the specific restrictions of the following subdivisions: a. Pwtkipatiort in rw* partite or gathtrinjs. No person shall participate in arty W y or other gathering of people awing rise to noise, disturbing the peace, q Att, or mpose of another person. When a law enforcement officer datar=i As that a gathering in creating such a noise disturbance, the officer may ord tr all pertons present, other than the owner or tenant of the promisee whore t t disturbance is occurring, to dispsrso immediately, No person shell rsfuee leave after being ordered by a law enforcement officer to do so. Every oar or tenant of such premises who has knowledge of the distur- banot #41.1 make every reasonable sffbrt to see that the disturbance is stopped. b, Permit n�a ,tsary%r loudsptakery and similar devices. No person shall use or operate, �r cause or allow fro be used or operated, in any public street or place, or from *4 V aircraft, or in il-ont of or outside of any public or private building, place or remises, or in or through any window, doorway or opening of such bufldirip, place or premises, abutting on or adjacent to any public street or place, ar� dovim, apparatug or instrument for the amplification of the human voice or .any other sound or noise, or any other soundmaking or sound• reprodu g devices, without a written permit from the city. Application for such pe t aha11 be made to the public safety director on forms to be pro• vidod by, the city. The application shall require, among other information, the ho and location of the proposed use. If the proposed use complies with the proviivne of this article and other applicable ordinances of the city, the permit:ball be granted, The fee for auoh permit is set at ten dollara ($10.00). e, fmpsr n4siblt animal notes, No person owning, operating, having charge of, jr�= thl a, any building or premise shall keep or allow to be kept, any shall, by any noise, unreasonably disturb the pease and quiet rtyn in the vicinity. Tha phrast "unrswnably disturb the peace and quiet" shall include, but is not limit to, the creation of any noise by wV animal which can be haard by -any pert n, including a law enforcoment officer or animal control officer, 726 SENT BY:GOY & ASSOG./BRIDGEMAN; 4-15-94 ; 19:47 ; 6129313199 612 5505060;# 4 NmgANCE$ $ 18.8 from a loedtion outside of the building or premiaes where the animal is being kept and �hich animal noise occurs repeatedly over at least a five-minute period of a with one minute or lass lapse of time between each animal noise du g the fivo-minute period. Hourly reatrkgone on certain operations. a. Recreation I vehicles. No person shall, between the hours or 9:00 p.m. and 7:00 a.m., iiriva, or operate any minibike, all terrain vehicle, snowmobile, or other recreational vehicle not Iicenaed for travel on public highways, This subsection'(23)(a) does not apply to snowmobile& lawfully using roadways or authoritodtrails, b. Refuse hauling. No person shall collect or remove garbage or raihse in any residential district ©aeept between the hours of 6:30 a.m, and 6:00 p.m. on any wee)t p or during those same hours to accommodate recognized na. tional holi4ays or a special pickup. e. Constructidn, maintenance and repair activities. No porson shall engage in or p6rmit ooI truction, maintenance or repair activities creating noise, in. eluding, bu't not Limitod to, the use of any kind of electric, diesel, pneumatic, or gas•powirvd machine or other power equipment except between the hours of 7:00 am, and 9;00 p.m, on any weekday or between the hours of 9:00 a.m. Arid 9:00 p#, on Saturday, and no such activity is permitted on Sunday& or on the folldwing public holidaya; New Years Day, Memorial Day, Indepen• d4nce Day, Labor Day, Thanksgiving Day and Christmas Day. Residential conatructio!, ra*rs or medntenence, including lawn maintanance, con• ducted by the homeowner or owupant shall be permitted between the hours of 8:00 a.m.I and 9;00 p.m. on Sundays and public holidays, 'she use of oleic- tronic insect deterrents (aka, "bug sappers") is limited to use botween the hours of 9:0 a.m. and 9:00 p.m. during the seven (7) weekdayo. Residential snow remo al is not limited by this section. d. Violation o this subsection is a misdemoanor. (Or�. No. 21, 4¢ 2--5, 2.6.68; �rd. No, 22A, § 1, 10.8.79; Ord, No. 2213, ¢$ 1, 2, 4.1686; Ord. No, 159, 0 i, 2, 111 8.9 1) Boot 18-8, �nforotmllot, It eha11 be the duty of t4a city manager to enforce the provisions of this article, and the co cil may delegate to other otTicere or agencieo of the city power to enforce particular pro isiona o thio Article, Including the power to inspect private premises, The officers charged wit enrorc ment of this art cle shall take all reasonable precautions to prevent the commis• eio en� mi Intenance of nui�anoss. (OrVN6. 2 , 4 e, 2-6-68) 8uy¢. No. 4 127 SENT BY:COY & ASSOC./BRIDGEMAN; 4-15-94 ; 19:48 S K U I.1 1 1 IN Ur • v H t i m H!? c N (a) N d tprmin n ify in t� tertnir , (b) 7 n isatice owner is pss po irAkb t e0b "r Nri prgvec d time (c) V t�`ecp�w o4riti#�i�' (4) lu roil n endltl awns No. Any re�nai Impi,y a ( rd. No QHANFi SEN CITY CODE Abat4wnt, 6129313199-+ 612 55050604 5 henever, in the j dgment of the officer charged with enforcement of this article, it is d that a nuisuua to boiag maintained or exists with the city, such offloer shall ✓rating the parson committing or maintaining such public nuisanoe and require him kte and abate snip nuisance and to remove such conditions or remedy such defecta. it written notio¢ shall be served on the person committing or maintaining said n parson or by oertinad mail. If the premises are not occupied and the address of the unknown, servic4 on the owner may be had by posting a copy of the notice on the The notice shall require the owner or occupant of such premises, or both, to take e stops within a.reasonable time to abate and remove the nuisance, the steps and designated in skid notice, but the maximum time for the removal of the nuisance .co of the notice 4hall not in any event exosed thirty (80) days. Service of notioe may by filing an afTl avit of arvice in the office of the city clerk setting forth the manner )f serv'ioe of saidInotiN. hon an order so Oven is not complied with, such fact shall be reported forthwith to it for sboh acts n " may be deemed advisable to abate and enjoin the further ion of the nuis ax Co. after service of tie notice, the pemon served fails to abate the nuisance or make the repairq, alteratipns, or changes in accordance with the direction of the council, the ay cause such nWsanoa to be abated at the expense of tho city and recover such re, by civil action against the person or persons served. If sarvice has been had upon or 0004pant, th council may order the city clerk to extend such sum, as a special it aha t the pr perty upon which the nuisance existed and to certify the same to audittr for collection. 22, 417, 8, 2-6-61) Violations. arson who shall auso or create a nuisance, or permit any nuieanco to be created or upon any pre sea owned or occupied by him, and any parson who shall fail to ,h any order mad under the provisions of this wticlo shall be guilty of a misdemeanor. �>2, 19,1-6-68; Ord. No, $2•A, 12, 10.8.79) Oe. I I8�710• R*"4ed. fid. Ys�S The t i Re pscr •antng: *Crc tet app. 0.4 ARTICL) II, JUNKED OR ABANDONED VEHICLES' Deiinitions, ,lowing words, terms and phraoeo, when used in this article, shall have the mean - ed to them in &S section, except where the context clearly indicates a different is referonoe--*tor v.hicleo and trafllc, Ch, 12. law roferenoe+-Abandoned motor vehicles, M.S. 4 188$.01 at seq. 728 r. , SENT BY:GOY & ASSOC./BRIDGEMAN; 4-15-94 ; 19:46 6129313199-4 612 5505060;# 6 NUISANCES 13.28 A ban ned ve�ieie mans a vehicle, ae defined below, that has remained for a period of M re than rorty -eight (48) hours on public property illegally or lacking vital component parts, or oes nol have a current�ioerus, or has remained for a period of more than forty-eight (48) ho rs on p ivate property ithout consent of the person in oontrol of such property or in an in pertble condition such that it has no substantial potential further use consistent with its us al fun lona unless it it kept in an en;losed garage or storage building. "Abandoned vehicle" al o means a motor vehicle voluntarily surrendered by its owner to the city. A elaasic car or pion er car, as deflneo in Minnesota statutes section 168,10, shall not be considered an ob6doned vehicle, Vehielet on the promisee of junkyards and automobile graveyards, which aro define , maintained an4 licensed in accordance with Minnesota Statutes section 161,242, or 4i6h a liceWd and t�iaintained in accordance with local laws and zoning regulations, ex not ab ndoned*vahicles! Vehtc meana any m,chins as defined, under Minnesota Statutes section 168.011 or 18 .b1, an includes snow obilee and trailes. (0 d. No. , i 2.0t, 5, '2� S4 B. Entry upon p vate property for removal or abatemerst. Any p rson, at the direction of the city clerk, police chief, or any other police offlur of the cit is autl orized to enter Oon private proparty for the purpose of enforcing this article. (0 d. No. 4 5, 1 10, X4.16-72) 810 , 18- 6d Prohibited, I (a) No+person shall par store, or leave, or permit the parking, storing or leaving of any ab✓�ridonedcvehicle upon anLroperty, including privato property, within the city unless: I (1) S ch vehicle is completely enclosed within a building; (2) $ ch vehicle is stored or parked on private property in connection with a duly liconoed or authorited commercial enterprise operated and conducted pursuant to law wli4n such parking or storing of vehicles is necessary to the operation of the common cit 1 enterprise; or (3) S ch vehicle is stored or parked on private property of the owner thereof, or a member of his family, for the purpose of making repairs thereto, provided that at all tir ies while said ve icle is so stored at least one-half of the total number of wheels of sa d vehicle are in Contact with the ground and only one (1) such vehicle be so stored or Varked at any one (1) time, ouch vohiele may be so stored or parked for a period not to xceed fourteen (]4) days, after which time the vehicle shall be doomed abandoned. (b) A co4trol of ve icle or th aiQl (0 d. o. a person who abandons a motor vehicle, without Cho consent of the person in ch property, or �ny person who fails, neglects or refuses to remove the abandoned o house such vehicle and abate such nuisance in accordance with the provisions of shall bo guilty o� a misdemeanor. § Q 8.01, 4.01, � 1, 6.16.72) {Tho next page is 7781 729 SENT BY:COY & ASSOC./BRIDGEMAN; 4-15-94 19:50 6129313199-+ 612 5505060;# 8 .r 1'il, t LC 1i'• -"C i. '?.i 1"? i;UL,UI _ 0 -_> 405:00 (Rev. 1988) SPrtian 405 - Asphalt Plant Re4ylations (Amsnded, Ord. No. 88-26, Sec. 1) Section 405:00. QgfJDiJ ions. Unless the context clearly indicates otherwise, the words, combinations of words, terms, and phrases, as used in Section 405 shall have the meanings set forth in the subdivisions of this section which follow. Subd. 1. "Council" shall mean the Council of the City of Maple Grove and its duly authorized representatives. Subd. 2. "Fuel Burning Equipment" shall mean and include any chamber, apparatus, device, mechanism, stack or structure used in the process of burning combustible material for the primary purpose of producing heat for direct heat transfer as applied to an asphaltic hot mix plant, excluding internal combustion engines. Subd. 3. "Fuel" shall mean a combustible substance such as a gas or liquid which is required in fuel burning equipment. When solid combustibles are substituted for or used in conjunction with either of the above fuels, the same definition will apply. Subd. 4. "Plant" shall mean an asphaltic hot mix plant, including all the equipment utilized in the manufacture of asphaltic hot mix concrete, such as burner, dryer, elevators, screens, mixer, weighing equipment, bins, air pollution control equipment, and the like. Subd. S. "Air Pollution Control Equipment" is defined as: (a) Primary Collection - that equipment such as cyclones or multicyclonQS incorporated for the collection of fine particulate material generated and emitted principally from the drying operation and from which all collected material may or may not be reinjected into the main aggregate flow. (b) Secondary Collection - that equipment such as multicyclones, scrubbers, back filters and electrostatic precipitators incorporated for the collection of that particulate material not collected by the Primary Collection equipment and from which such collected material may or may not be reinjected into the main aggregate flow. Subd. 6. "Smoke" shall mean small gasborne and airborne particles arising from a process of combustion in sufficient numbers to bo visible. Subd. 7. "Fugitive Dust" shall mean any and all particulate matter generated by the operation of an asphalt mix plant which, if not confined, would be emitted directly to the atmosphere from points other than a stack, vent, chimney or other functionally equivalent opening. SENT BY:COY & ASSOC./BRIDGEMAN; 4-15-94 ; 19:50 6129313199-+ 612 5505060;# 9 _IY j_-�: 141,f..0 'J;.l:_ 1. :.jy Cl'V.•'Jl_ M 405:05 (Rev. 1988) Subd. 8. "Fugitive Oust Control System" shall mean any equipment or method used to confine, collect and dispose of fugitive dust including, but not limited to, hoods, bins, duct work, fans, air pollution control equipment, watering, and the limitation of operations during high wind conditions. Subd. 9. "This Ordinance" shall mean Section 405 - Asphalt Plant Regulations. Section 405:05. Violations. No person shall cause, suffer, allow or permit the operation of app ant or fuel burning equipment in violation of the rules and I'VvUl.,tia„t of the Minnesota Pollution Cantral Agency including, but not limited to, Chapter 7005.0010 through .0080, .0450 through .0550, .0900 through .0960, .1850 through .1880, .2000 through .2040, .2750 through .2790, Chapter 7010, or in violation of any law or ordinance. Section 405:10. Control of jXissj= . Subd. 1. No person shall cause, suffer, allow, or permit fugitive dust or particulita emission from a plant into the open air in excess of the amounts allowed in the rules and regulations of the Minnesota Pollution Control Agency. Subd. 2. No person shall cause, suffer, allow or permit any plant to operate that is not equipped with a fugitive dust control system. This system shall be o orated and maintained in such a manner as to prevent the emission of fugitive dust. Subd. 3. The owner or operator of a plant shall maintain dust control of the plant premises and equipment, and plant -owned, -leased, or -controlled access roads by paving, oil treatment, watering, or other suitable measures. Good operating practices shall be observed in relation to stockpiling, screen changing and general maintenance to prevent dust generation and atmospheric entrainment including, but not limited to, such maintenance procedures as correcting loose connections and holes due to rust or abrasion. Good operating practices, including water spraying or other suitable measures, shall be employed to minimize dust generation and atmospheric entrainment when hot bins are pulled. Section 405:15. Regibtrt ion. Subd. 1. All persons operating asphalt mix plants within the corporate limits of this municipality shall file and keep with the City and keep current through the Clerk the name of the person, company or corporation operating the plant, its address, the person who owns the plant and the operator's business relationship to the owner, the principal officers of the operator and owner if eithar is a corporation, and any other such reasonable information as the Council may require including, but not necessarily limited to, capacity of the plant, type of fuel used, plant operating schedule, description of rotary dryer, height and size of stack and description of dust control equipment. Subd. 2. When such plants are modified by changes in burner design, heating fuel, fan capacity, dryers, air pollution control equipment, or by changes which significantly affect the emission characteristics of the plants, then a record of such changes or modifications shall be filed with the city defining those changes within thirty (30) days after being placed in operation. SENT BY:COY & ASSOC./BRIDGEMAN; 4-15-94 19:51 Section 405:20. Lcen�,_ses. 6129313199-+ 612 5505060;910 405:20 (Rev. 1988) Subd. 1. Plants will be granted an operating license provided they meet and maintain the requirements as set forth in this Ordinance. These licenses will be valid for one (1) calendar year and must be renewed annually. Any plant failing to maintain these requirements shall, at the discretion of the council, have its operating license revoked. Subd. 2. When licenses are revoked, the Council will consider reissuing said licenses when such changes as necessary to meet the requirements of this Ordinance are made by the owner or operator of the plant. Subd. 3. At least ten (10) days prior to the operating of a new or relocated plant, application must be made to the Council for a license. Such application shall be made to the Clerk and shall be placed on the agenda of the next Council meeting for consideration. Plants that meet the requirements OF this Ordinance may be issued an annual license at the discretion of the Council. Subd. 4. Plants operating without a license will be in violation of this Ordinance and shall be subject to the revocation of the right to a license by the Council. Further, any person who shall violate any of the provisions in this Ordinance shall be guilty of a misdemeanor. Subd. 3. Annual license fees are payable in advance to the Treasurer and a receipt therefor shall accompany each application for issuance or renewal of a license. All licenses shall expire on the 31st day of March of each year. (a) The annual license fee shall be prorated for an unexpired portion of a license year provided the minimum fee thereof shall be at least fifty percent (50%) of the annual fee - (b) The annual license fee shall be in an amount duly established by the Council from time to time in Chapter V of this Code. (c) No portion of any license fee previously paid and accepted by the municipality shall be prorated, affected or returned. Subd. 6. Prior to the issuance of an annual license, the applicant shall file with the Clerk a liability insurance policy or certificate of such insurance issued by an insurance company authorized to do business in the State of Minnesota, which policy shall insure the person making the said application. (a) The policy shall insure the person for liability insurance in the minimum sum of at least one hundred thousand dollars ($100,000) for in,iury to one (1) person, and three hundred thousand dollars ($300,000) for one (1) incident, and at least fifty thousand dollars ($50,000) property damage. SENT BY:COY & ASSOC./BRIDGEMAN; 4-15-94 19:51 :'s-1�_—.: UJ•'F.'�i'� i:..r.: ..a it ci1iLG Ji:. _ J 6129313199-+ 612 5505060;##11 405:25 (Rev. 1988) (b) The policy or policies shall consist of general liability and automobile liability. There Shall be no exclusion clause in the said coverage required herein for explosion, collapse, or underground hazards. (c) In addition there shall also be a Certificate of Insurance indicating that the applicant has full Workers' Compensation coverage pursuant to the applicable laws of the State of Minnesota: (d) The insurance required herein shall be in force for the full period of the license and shall provide for the giving of written notice to be received by the City ten (10) days prior to the termination or cancellation of said policy. (e) In the event that the policy or Certificate of Insurance representing the policy required hereunder is terminated for any reason, the license shall be automatically revoked the day the policy terminates unless a new policy complying with this Subdivision is obtained and filed with the Clerk prior to the termination of the policy in force. Subd. 7. Prior to the issuance of the annual license, the applicant shall post a bond in an amount as required by the City, executed by a corporate surety company authorized to do business in the State of Minnesota, conditioned upon the full performance of the terms and conditions of this ordinance by the applicant and the owner of the premises described in said application, said bond to remain in full force and effoct for the period of one (1) year after expiration of said license. Section 405:25. R9R4 . Subd. 1. When the Council has reason to believe that the provisions of this Ordinance are being violated, the owner of the plant shall permit the Council or any designated agent of said Council to conduct such stack tests as necessary to determine the dust loading in the exhaust galas. The owner, operator, and licansae will provide all the sampling connections and sampling ports to be located in such a manner as the Council or its designated agent may require, power for test equipment, and required safety equipment such as, but not limited to, the necessary scaffolding, railings and ladders, to comply with generally accepted good safety practices. Subd. 2. At .such time as the Council may request, the owner, operator, and licensoe of the plant will submit data on type, sizing and quantity of the aggregate used in the hours of operation. SENT BY:COY & ASSOG./BRIDGEMAN; 4-15-94 ; 19:52 Section 405:30. Variance. 6129313199 i 612 5505060;#122 �:a. -J 405:30 (Rev. 1988) Subd. 1. Where plants in existence prior to April 3, 1967, do not meet the particulate matter emission limitations noted above, then an acceptable control program to meet the emission limitations may be developed and offered to the Council by the person owning the plant causing the emission. This control program shall be submitted upon the request of the Council and within such time as it shall fix, and if said program has bean approved by the Minnesota Pollution Control Agency, then the owner or operator of the equipment causing the omission shall not be in violation of this Ordinance so long as the program 13 followed. Subd. 2. Emissions exceeding those provided for in this Ordinance and caused by malfunctions of equipment may be permitted only with the approval of the Minnesota Pollution Control Agency and subject to any terms and conditions it may impose. SENT BY:COY & ASSOC./BRIDGEMAN; 4-15-94 19:52 T. OF IIAPL7' 6129313199-+ 612 5505060 413 1005:00 (Rev. 1989) Section 1006 - G_a_rbgge. Refuse and Air pollytio Rao latigns (Ord. No. 79-07) Section 1005:00, Definitions. Unless the context clearly indicates otherwise the words, combinations of words, terms, and phrases, as used in Section 1005 shall have the meanings set forth in the Subdivisions of this Section which follow. Subd. 1. "Approved" means acceptable to the Health Authority following its determination as to compliance with established public health practices and standards. Subd. 2. "Garbage" means all animal, vegetable, or other mattar that attends the preparation, consumption, display, dealing in or storage of meat, fish, fowl, birds, fruit or vegetables, including tha cans, containers or wrappers wasted along with such materials. Subd. 3. "Owner" means any person, firm, corporation, or other partnership or organization who alone, jointly or severally with others shall be in ownership of, or have charge, care, or control of, any premises or business within the municipality as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder. Subd. 4, "Premises" means any dwelling, house, building or other structure or parcel of property. Subd. 5. "Public Place" means any and all streets, sidewalks, boulevards, alleys, parks, public buildings or other structures or parcels of property. Subd. 6. "Refuse" means all waste matter, solid waste products or those wastes having the character of solids rather than liquids in that they will not flow readily without additional liquid and which are composed wholly or partly of such materials as garbage, sweepings, swill, cleanings, trash, rubbish, litter, industrial solid wastes, or domestic solid wastes; organic wastes or r©sidue of animals sold as meat, fruit, or other vegetable or animal matter from any kitchen, dining room, market, food establishment, or any place dealing or handling meat, fowl, fruit, grain, or vegetables; offal, animal excreta, or the carcass of animals; tree or shrub trimmings, or grass clippings; brick, plaster, wood, metal or other waste matter resulting from the demolition, alteration or construction of buildings or structures; accumulated waste materials, cans, containers, junk vehicles, ashes, tires, junk, or other such substance which may become a nuisance. "Refuse" does not include "recyclable materials" as defined in Section 1007:00, Subd. 17, or "recyclable waste" as defined in Section 435:00, Subd. 3, of the Maple Grove Ordinance Code. SENT BY:COY & ASSOC./BRIDGEMAN: 4-15-94 19:53 iu- �-y;t ,i_ ,.11`•1 ..._.�+ :i 1 . .. ui:.: LL :i.. ... + 7. i �. 7: Subd. 2. Disposal of Solid Waste. 6129313199-+ 612 5505060414 1005:05, Subd. 2 (Rev. 1993) (a) No parson shall dispose of solid waste in the City except at a transfer station licensed pursuant to Section 435:00 of the Maple Grove ordinance Code. (b) No person shall dispose of recyclable waste or material in the City except as required in Sections 435 and 1007, or as required by state or federal law. (c) Pursuanbatterytin soto liidnwaste or disposeoof a 1 admacidlbatteryace a lead acid (d) Pursuant to Minnesota Statuta no parson may place usod oil in solid waste or place used oil in or on the land. (e) For purposes of this subdivision, placement of solid waste in containers for collection shall not be considered disposal. (f) This subdivision does not limit the disposal of solid waste or recyclable waste or material to sites within the City or within Hennepin County. (Amended, Ord. No. 89-19, Sec. 5) Subd. 3. Collection. The owner or other person referred to in Subd. I above shall cause the contents of containers to be collected by a collector licensed under Section 436 once every week, more frequently if necessary, or as required by the City. However, collection shall not be required if the said owner or other person ensures to the satisfaction of the City that a sanitary and environmentally sound alternative is used to dispose of the contents of containers. (Amended, Ord. Nos. 93-29, Sec. 10; 89-19, Sec. 6; 93-13, Sec. 4) Subd. 4. R149in4 of Container; ' . Refuse containers shall be placed in the rear of the premises or in sucha manner as to be out of view from the street in front of the premises or placed in a garage located on the premises; except as may be reasonable and immediately necessary for collection. In no event shall containers be placed or maintained in such a way as to unreasonably interfere with the use of adjoining property. (a) Containers kept outside shall be placed in such a manner as not to permit entry of or harborage for animals, insects or other vermin and so maintained as not to be tipped over. (b) Containers shall be maintained in a reasonably clean condition at all times. (c) Refuse and refuse containers shall not be moved or placed for collection sooner than the day prior to scheduled collection, nor shall the same be parmittod to remain there or in a manner contrary to the placement requirements set forth in this Subd. 4 for more than twenty-four (24) hours. (Added, Ord. No. 87-45, Sec. 1) SENT BY:COY & ASSOC./BRIDGEMAN; 4-15-94 19:54 6129313199-+ 612 5505060 #15 :I 1!—yc I �.z.'i1':: i�..a ..11 'r: 1iI.1CLC Ji. •J - 1. ...!... ..:�. ram 1005:05 (Rev. 1993) Subd. 7. "Rubbish" means solid wastes such as wood, leaves, trimmings from shrubs, dead tress or branches thereof, shavings, sawdust, excelsior, wooden waste, printed matter, paper, paper board, pante board, grass, rags, straw, boots, shoes, .hats and all other combustibles not included under the term garbage. Subd. 8. "Solid waste" means all refuse, rubbish, garbage, and swill other than recyclable materials as defined in Section 1007:00, Subd. 17, or recyclable waste as defined in Section 435:00, Subd. 3, Subd. 9. "Swill" meansarbage which is wholly or nearly edible and usable as a food and has food value for animals or fowl, accumulating from animal, vegetable, or other matter wasted from clubs, hotels, hospitals, restaurants, and public eating places. Subd. 10. "Yard waste" means any compostible material generated from routine or regular maintenance of a yard orgarden. Such material includes such things as grass clippings, leaves, weeds, garden wastes, prunin9s, evergreen cones and needles, wood chips, herbaceous garden debris, and at or such soft organic or vegetable materials, but does not include trees, brush, shrubs, twigs or branches having a diameter of more than 1/4 inch, rocks, concrete, and other similar materials. (Amended, Ord. No. 93-13, sec. 2) (Amended, Ord. No. 89-19, Sec. 4) Section 1005:05. Rgfugg $image �ndQi1posal. Subd. 1. Containers Required. The owner of any premises, whether commercial or residential, and any other person having refuse as herein defined shall provide and keep on such premises sufficient containers for storage of refuse accumulated on the premises between disposal or collection. Each such container shall be water tight, shall have a tight fitting lid, shall be impervious to insects, rodents, vermin, and absorption of moisture, shall be fireproof, and shall be of a size and capacity acceptable to the refuse collector licensed to empty the container, unless otherwise specifically authorized in writing by the City. Refuse on any premises shall be stored in the containers required herein, except if the same may be immediately consumed or disposed of on such premises in an approved incinerator. (Amended, Ord. Nos. 84-39, Sec. 1; 93-13, Sec. 3) (a) Commercial, business, industrial or other such establishments having a refuse volume in excess of two (2) cubic yards per week and all multi -family and larger dwellings, shall provide approved bulk or box type refuse storage containers or approved equivalent. (b). Refuse, storage, and.disposal.containers shall be located as to be accessible to collection equipment and yet located and screened to be out of the public view and to conform with aesthetics required pursuant to the City Zoning Ordinance. (c) No person shall place or deposit without permission any recyclable waste or material (as defined in Sections 435:00, Subd. 3, and 1007:00, Subd. 17) or any solid waste into any container located on the premises of another. (Added, Ord. No. 91-15, Sec. 1) SENT BY:GOY & ASSOC./BRIDGEMAN; 4-15-94 : 19:54 6129313199- 612 5505060416 1 V � J 1005:10 (Rev. 1993) Subd- 5. 114fesAitie Contatner-a. Whenever a container is in poor repair, is corroded or otherwise defective so as to permit insects, vermin or rodents to enter, or does not meet any other requirements of Section 1005, the collector shall notify the owner or occupant in writing on forms furnished by the City for such purpose. A copy of said notice shall be furnished to the City Administrator's office. (a) The collector shill affix the owner or occupant's notice to the container. The notice shall state the deficiency and shall require repair or replacement on or before the next collection data. If the deficiency is not corrected by said compliance date, the City shall condemn the deficient container and affix a tag so stating such condemnation. (Amended, Ord. No. 89-19, Sec. 6) (b) It is unlawful for any person to place or deposit refuse in a container which has been condemned. Section 1005:10. (Repealed Ord. No. 89-19, Sec, 7 - see Section 436) Section 1005:15, Rgfusa Littering Pre i�d. Except as otherwise provided by ordinance, it is unlawful to throw, scatter or deposit, or cause or permit to be thrown, scattered or deposited, any refuse, handbill, or other material (such as recyclables as defined in Sections 1007:00, Subd. 17 and 435:00, Subd. 3, or yard waste) upon or in any public or private place, land, body of water, vehicle or structure within the municipality. Every person shall maintain his premises and abutting sidewalks and boulevard areas free of refuse litter. (Amended, Ord. No. 89- 19, Sec. 8) Section 1005:20. nuisance Abatement. On any premises any accumulation of refuse not stored in containers which comply with this Section, or any accumulation of refuse which has remained thereon for more than one (1) week is hereby declared to be a nuisance and may be abated by order of the City and the cost of abatement, together with a certification processing foe in the amount set forth in Section 515, may be assessed on the property where the nuisance was found as provided by Minnesota Statutes, Section 145.23, This remedy shall be available both in addition to and as an alternative to the criminal penalties provided in Sections 1100:00, Subd. 1 and 1100:20, for violations of any provision of the Ordinance Code. (Amended, Ord. Nos. 83-29, Sec. 12; 85-44, Sec. 5; 93-13, Sec. 5) Section 1005:25. Minnesota Pollution Control genSY Regulations Ad_o212si. Subd, 1. Minnesota Regulations APC 7 and 8 of the Minnesota Pollution Control Agency are adopted by reference and are as much a part of this Code as if fully set forth herein. A violation of the regulations so adopted is a violation of this Code. Subd, 2, It is hereby determined that adequate refuse collection service is available to the municipality, and open burning is prohibited. Exceptions to APC 6 shall require written approval of the Fire Chief. SENT BY:COY & ASSOG./BRIDGEMAN; 4-15-94 19.55 6129313199-4 612 5505060;#17:.i"►V OF f+1ALE U U 911:OU (Rev. 1994) 5e ti on 911 - Electronic Noise (Added, Ord. No. 94-01, Sec. l) Section 911:00. prohibited Conduct. No person shall play, use, or operate on public or private property any radio, tape or disc player, musical instrument, phonograph,or other machine or device for the production of sound in such a manner, considering the time and place and the purpose for which the sound is produced, as to unreasonably disturb the peace, quiet, or repose of a person or persons of ordinary sensibility, Subd. 1. The play, use, or operation of any radio, tape or disc player, musical instrument, phonograph, or other machine or device for the production of sound in such a manner as to be plainly audible at a distance of fifty (50) feet from said machine or device shall be prima facie evidence of a violation of this section. Subd. 2. When sound violating this section is produced by a machine or device that is located in or on a vehicle, building, or land, the owner of the vahicla, building, or land is guilty of the violation; provided, however, that if the owner of the vehicle, building, or land is not present, the person in charge of the vehicle, building, or land at the time is guilty of the violation. Subd. 3. This section shall not apply to sound produced by the following: (a) Amplifying equipment used in connection with activities for which permits have bean granted pursuant to Maple Grove ordinance: (b) Antitheft devices; (c) Safety devices for the production of sound on or in authorized emergency vehicles. (d) Machines or devices for the production of sound on or in authorized emergency vehicles. SENT BY:COY & ASSOC./BRIOGEMAN; 4-15-94 ; 19:56 ; 6129313199-4 612 5505060 #18 i- -J4 �j� ?�L�1 OVUM lITY Ut IgRfLt kJ1Jyt «V 'IJIi lull;u1,. 1005:25, subd. 3 (Rev. 1983) Subd. 3.No person shall operate an incinerator within the City for the burning Y�qarba� ge or other refuse unless such incinerator complies with the requirements of the Minnesota Pollution Control Agency. No incinerator, except for an incinerator for a residential dwelling unit, shall be operated within the City unless the operation of such incinerator has been approved by the City pursuant to this Code. W16) IN I on LN"Imvkhra-i" I HENNEPIN H U M A N SERVICES COUNCIL Brooklyn Center Brooklyn Park . (J" tpb • Comom t • Ggstal • Dajftt Golden Valley • Hanover • Hassan Maple Grove • Neiv Hope Osseo Plymouth • Robbinsdale Rogers AnnualMeetiong You are cordially invited to attend.. Northwest Hennepin, Human Services Council's Annual Meeting Date: Thurday, May 5, :1994 Place: Holiday Inn North' 2200 Freeway Boulevard Brooklyn Center, Minnesota Time: 5:00 pm - 9 pm To ISt. Cloud E.�t B poke 6 N a Anoka ka Centerer C1ri gkTo TO tit - 1 Parkway Duluth DulUlh \69%19x' 7C j 35 t49 69 6 35W 194 6� 100 69 55 51 35E X12 Downtwn D w town To Madison 394 / Minnea olis St. Paul And ChlCag 3555 77 5 494 494 62 argon 169 494 35 To Albert Lea And Des Moines 5:00 pm -6:00 pm Social Hour This social hour will fall between the scheduled Think Tank session held from 1:00 - 5:00 p.m. and the Annual Meeting. dinner and program. 6:00 pm -7:00 pm Dinner Music by Cacophony Strings throughout dinner and social hour (Osseo High School Students) 6:45 pm - Review of 1993 7:00 pm - Keynote Presentations: (Capsulized versions) Ira Cuttler, Director of Planning and Development, Annie E. Casey Foundation "Building Communities - What works" Shawn Huckleby, Director of Community Planning and Development. Housing and Urban Development, Minnesota Field Office "Initiatives in Community Development" 7:45 pm - Recognition of Advisory Commissioners 8:00 pm - "Invest Northwest" Awards 8:45 pm - Closing Remarks Return the enclosed card by May 2, 1994 to register. If you have questions or special needs, please call us at.(612) 493-2802.(Wiceltdd) Fax # 493-2713. COST: $20.00 for Annual Meeting (if registering for both the Think Tank and the Annual meeting, the combined cost is $22.00 n,a/.n�, 4•ttry. sv : 5-.A.f+1.,,'8`#°'J 1 • �t x,,t � � , ' r - icy s . -`tea ' ' NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL x�h announces a " SECOND THINK TANK SESSION x+� k on the y ' `HUMAN SERVICES ENTERPRISE ZONE + The'Human Services Enterprise Zone is a pilot project examining the delivery of services in a targeted area. Mark May,5 on your calendars for our second Think Tank Session in 1994. The `4 ?�� Think Tan is scheduled to start at 1 pm and will run until 5 pm at which'time there w><ll be`a reception. This session will be held at the Brooklyn Center Holiday Inn, 2200 Freeway Boulevard, Brooklyn Center, Minnesota. " s Ira Cuttler, Director of Planning and Development at the Annie E. Casey Foundation, will speak sem,= .: to us on the topic of "Building Communities - What Works." Mr. Cuttler has,, an'.,evaluation . of the projects funded by-the foundation across the United States to determine wiat'strategies have been most effective. Shawn Huckleby, Director of Community Planning and Development at the Housing and Urban Development, Minnesota field office, will address: "Initiatives in Community Development". HUD is the leading agency for the federal empowerment zones. This initiative looks at targeted service areas, integrated services, and waivers for service delivery. What was the theory behind developing this program? How is it similar or different to past initiatives? What is the philosophy regarding integrated services? Will seeking waivers address the barriers we face to the delivery of services?.. These are the questions we hope to address through the presentations and-through small group discussions to aid us in our own -community efforts. This., session is'followed b:-a'social:hour and.the Northwest Hennepin Human Services Council's annual meeting `at 'which. the,.speakers will give- a capsulized version of their. presentations_ The "Invest Northwest" awardswill'also be--presented, recognizing the contributionsbf-people`in the community. Mail check and registration to: Northwest Hennepin Human Services Council, 7601 Kentucky Avenue North, Suite 101, Brooklyn Park, Minnesota 55428. Think Tank Session Name(s): Agency: Address: Phone: _Amount Enclosed:. Registration Cost: _ g g ,! , . $$:00 for,.-the,.Think .Tank. If re isi&in for the Thuilc T and for 1 + 4 V the Annual 1Vleeting the cost for, both° is- $22.00.,:'i' `r Northwest Hennepin+Human Services Coundl"`CO=OP Northwest** By 6®Northwest"'Human Services Enterprise Zom—Family Services Collaborative"`School/Human Services Redesign— *Cooperative Planning/Shared Services** *Northwest 'Hennepin Human Services Council. TWINWEST CHAMBER OF COMMERCE YEARS OF EXCELLENCE 1984 - 1994 State of the City Community Coffee Breaks During May, TwinWest brings its Coffee Breaks to city hall for a "State of the City" presentation by city staff and elected officials in each community. It is your opportunity to learn about local happenings including new and proposed developments, public improvement projects, proposed ordinances and other matters that affect businesses in your community. The Coffee Breaks are held from 7:30 - 9:00 a.m. and coffee and rolls are provided. The State of the City Coffees are always TwinWest's most highly attended and informative coffee breaks of the year. Please join us! �AL 1Y fF RT. K OD S Cily of Golden Valley ff, HO An m Wednesday, May 4 Crystal City Hall / Co-sponsored by Timesavers, Inc. 4141 Douglas Drive Friday, May 6 St. Louis Park City Hall 5005 Minnetonka Boulevard Uilmesavers"' Tuesday, May 10 Golden Valley City Hall / Co-sponsored by Central Bank 7800 Golden Valley Road Tuesday, May 17 Plymouth City Hall 3400 Plymouth Boulevard Wednesday, May 18 Minnetonka City Hall 14600 Minnetonka Boulevard rm Cenrrai Bank Tuesday, May 24 New Hope City Hall / Co-sponsored by Ray Smith Insurance 4401 Xylon Avenue North Wednesday, May 25 Wayzata City Hall 600 Rice Street Thursday, May 26 Hopkins City Hall 1010 South First Street Coffee Breaks are free and no reservation is required Ask a business associate to join you! RAY SMITH INSURANCE T W I" \/\/ E S T CHAMBER OF COMMERCE Mr. Dwight Johnson March 22, 1994 City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Dwight, May is once again the month slated for TwinWest's "State of the City" Coffee Breaks in 1994. TwinWest members enjoy the opportunity to visit your facility and hear about upcoming programs and activities that affect the business community. These are some of our best attended Coffee Breaks during the year. The date for the Plymouth Coffee Break is Tuesday, May 17, 7:30 - 9:00 a.m. and should include 15-20 minute presentation for the "State of the City" address. I encourage you to invite the mayor, members of the Council and key staff members. Additionally, we suggest that you invite other key individuals or businesses that you would like to get the message to as well. As is the case last year, there is a $100 fee that offsets the cost associated with publicizing this program. Additionally, as host, you should provide coffee for 40 people and three dozen rolls. (Since we do not take reservations, this is an estimate on how many people will attend based on past experience). If, for any reason, your city is not able to deal with the sponsorship fee, we will solicit on your behalf a corporate sponsor that will be responsible for paying the fee. $100 Additionally, our Director of Community Affairs will be developing a story to go in your regular newsletter publicizing the Coffee Break. TwinWest will also publicize this event through press releases, a special mailing to our, members and through the Chamber newsletter. Joy, we appreciate your support of TwinWest and your help with this important function. In order for us to plan appropriately, please contact Michelle Griffin at 540-0234 to inform her of your willingness to participate and how you'd like the sponsorship fee handled. Since ly, La y S. owell Pres'den c t F4 AUR 2 4 1013 a OV LSD: mg 10550 WAYZATA BOULEVARD ♦ MINNETONKA, MINNESOTA 55305 (6.12) 540-0234 Crystal, Golden Valley, Hopkins, Medicine Lake, Minnetonka, New Hope, Plymouth; METRO MEETINGS A weekly calendar of meetings and agenda items for the Metropolitan standing committees, and six regional commissions: Metropolitan Airports Parks and Open Space Commission, Metropolitan Sports Facilities Commi: Commission, Metropolitan Waste Control Commission and Regional Trai and agendas are occasionally changed. Questions about meetings appropriate organization. DATE: April 22, 1994 WEEKS OF: Apr. 25 - May 6, 1994 METROPOLITAN COUNCIL Council, its advisory and :ommission, Metropolitan jdrd: "Meeting times be directed to the Public Information Open House on Regional Blueprint - Monday, Apr. 25, 4 p.m., Sabathani Community Center, 310 E. 38th St., Rooms D -1/D-2, Minneapolis. Library Study Advisory Committee - Wednesday, Apr. 27, 4 p.m., Room 1A. The committee will discuss the Stronger Center Model and the first draft of the committee report. Public Information Open House on Regional Blueprint - Wednesday, Apr. 27, 4 p.m., Dakota Co. Western Service Center, 14955 Galaxie Ave., Library Conference Room, Apple Valley. Chair's Informal Meeting with Council Members - Thursday, Apr. 28, 3 p.m., Chair's Office. Metropolitan Council -Thursday, Apr. 28, 4 p.m., Chambers. The Council will consider: McGroarty land use designation change in Inver Grove Heights; Ridgewood Corporation land use designation change in Inver Grove Heights; request to fund cooperative recreation research with the University of Minnesota and the Department of Natural Resources; grant application by the Metropolitan Waste Control Commission from the Twin Cities Water Quality Initiative grant program for assessment of nonpoint sources of mercury; and other business. Committee of the Whole - Thursday, Apr. 28, immediately following the Council meeting, Chambers. The committee will consider: an extension of a grant agreement for the Solid Waste Coordinating Board on toxicity of paint; Section 8 family unification demonstration program annual contributions contract; and a Section 8 administrative service contract. Legislative Coordinating Group - Friday, Apr. 29, Noon, Room 1A. TENTATIVE MEETINGS THE WEEK OF MAY 2 - 6, 1994 Minority Issues Advisory Committee - Tuesday, May 3, 4 p.m., Chambers. Transportation Technical Advisory Committee to the Transportation Advisory Board - Wednesday, May 4, 9 a.m., Chambers. Public Information Open House on Regional Blueprint - Wednesday, May 4, 4 p.m., Oakdale City Hall, 1584 Hadley Ave. N., Oakdale. Chair's Informal Meeting with Council Members - Thursday, May 5, 3 p.m., Chair's Office. Metropolitan Council - Thursday, May 5, 4 p.m., Chambers. Committee of the Whole - Thursday, May 5, immediately following the Council meeting, Chambers. Legislative Coordinating Group - Friday, May 6, Noon, Room 1A. 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). REGIONAL TRANSIT BOARD Policy Committee - Monday, Apr. 25, 4 p.m., Chambers. The committee will discuss: Metro Mobility program; Five -Year Transit Plan; and other business. Meetings are subject to change; please call to confirm. The Regional Transit Board offices is located at on the seventh floor of Mears Park Centre, 230 E. Fifth St., St. Paul, MN 55101. For more information or confirmation of the meetings, call the RTB office at 292-8789. METROPOLITAN SPORTS FACILITIES COMMISSION Marketing Committee - Tuesday, Apr. 26, 11 a.m., Commission office conference room. The committee will discuss St. Paul Pioneer Press signage on the outside message board on Chicago Avenue and 5th Street. Intergovernmental Relations Committee - Wednesday, Apr. 27, 8. a.m., Commission office conference room. The committee will receive an update on current legislative issues and initiatives, including the Target Center matter. Commission Meeting - Wednesday, Apr. 27, 9:30 a.m., Commission office conference room. The Commission will hear committee reports from the Marketing, Intergovernmental, Finance and Capital Improvements committees. The Marketing Committee will report on the St. Paul Pioneer Press signage; the Intergovernmental Relations Committee will report on legislative issues; the Finance Committee will report on the 1993 audit by the Legislative Auditor and the Capital Improvements Committee will report on the expansion project. Joint Finance/Capital Improvements Committee - Thursday, Apr. 28, 9 a.m., Commission office conference room. The committee will discuss the expansion project. The Metropolitan Sports Facilities Commission office is located at 900 South 5th St, Minneapolis, MN 55415. Meeting times and agendas occasionally must be changed. To verify meeting schedules and agenda items, please call Tamra Sharp, 335-3310. METROPOLITAN WASTE CONTROL COMMISSION Commission Meeting on 1995 Budget - Tuesday, Apr. 26, 3 p.m., Room 1A.. Ad Hoc Committee on Financial Management - Thursday, Apr. 28, 3 p.m., Room 5, 5th Floor. The Metropolitan Waste Control Commission is located at Mears Park Centre, 230 E. Fifth St., St. Paul, MN 55101. For more information, call 222-8423. (4 METROPOLITAN TRANSIT COMMISSION Transit Development Committee - Tuesday, Apr. 26, 4 p.m. The committee will consider approving and recommending the following: a contract for services of an individual to oversee the Materials Management Project; an agreement to facilitate development of the Dinkytown Bypass; a contract for the construction of a transit hub; the solicitation of bids for services to remodel transit facilities at the Mall of America; the rejection and resolicitation of bids for services to upgrade security at the parking lots at Nicollet; and a change order on the contract for services to repair the hoist at South Garage. Metropolitan Transit Commission offices are located at 560 Sixth Ave. N., Minneapolis, MN 55411. Meeting times and agendas occasionally must be changed To verify meetings schedules or agenda items, call 349-7516. J *REVISED MEETING ** NEW MEETING 4/28/94 *REVISED MEETING ** NEW MEETING 4/28/94 3, CITY CENTER MEETINGS June 1994 Sunday Monday May1 Tuesday Wednesday Thursday 2 3 Friday Saturday 4 S M T W T F S 7:30 PM HUMAN RIGHTS 1 2 3 4 5 6 7 COMMISSION 8 9 10 11 12 l3 14 15 16 17 18 19 20 21 22 21 24 25 26 27 28 29 30 31 5 6 7 8 9 10 11 7:00 PM COUNCIL 7:00 PM WATER QUALITY 4:00 PM FINANCIAL ADVISORY 5:30 PM OPEN SPACE MEETING COMMITTEE COMMITTEE COMMITTEE -- 7:00 PM PLANNING COMMISSION 7:00 PM FRAC 12 13 14 15 16 17 18 7:00 PM COUNCIL. STCTDY 7:00 PM BOARD OF ZONING 7:00 PM PACT 7:00 PM HRA '.SESSION PabBc Safety Coat 19 20 21 22 23 24 25 7:00 PM COUNCIL'.` Summer begins 7:00 PM PLANNING MEETING COMMISSION 26 27 28 29 30 ,u,Y 7:00 PM COMOL STUDY MUSIC IN PLYMOUTHS M T W T F S SESSION'- Pub Satety ILpt ,,'i ✓',`,':, .. .' �. ......... ..... .. ................ :..... 1 2 ....�.F ......: Q 10 I1 12 13 14 15 16 17 I8 19 20 21 22 23 .. 24 25 26 27 28 29 30 31 *REVISED MEETING ** NEW MEETING 4/28/94 3, City Council Weekly Planner May 01 -June 11, 1994 Sunday...y May 1 May 2 Tuesday May 3 Wednesday.. May 4 May 5 5:00 PM NW Henn. Human Services - Annual Meeting ..Saturday May 6 May 7 7:00 PMCOUI4CIL -- - £, :MEETING 7:00 PM WATER QUAL ITY COMMITTEE 7:30 PM HUMAN RIGHTS COMMISSION May 8 May 9 May 10 May 11 May 12 May 13 May 14 7:00 PM COUNCIL ,.. <. STUDY SESSION- -` Public Safety Cout - Rm 7:00 PM BOARD OF ZONING 4:00 PM FINANCIAL ADVISORY COMMITTEE L1:30 PM OPEN SPACE OMMITTEE PM PRAC 7:00 PM PLANNING COMMISSION May 15 May 16 May 17 7:30 AM TwinWest "State of the City" May 18 7:00 PM PACT May 19 May 20 May 21 7OOPMCOUNCIL. MEETING May 22 May 23 7:00 PM COUNCIL " STUDY SESSION- , Pub Safety Coot Rm : May 24 May 25 May 26 9:00 AM LMC Legis - lative Review Session - Holiday Inn, Burnsville 7:00 PM HRA May 27 May 28 7:00 PM PLANNING COMMISSION May 29 May 30 Memorial Day (Observed) City Offices Closed May 31 June 1 June 2 June 3 June 4 7:30 PM HUMAN RIGHTS COMMISSION June 5 11 June 6 7:00 PMC 11, MEETING'''S ' June 7 7:00 PM WATER QUAL ITY COMMITTEE June 8 4:00 PM FINANCIAL ADVISORY COMMITTEE June 9 5:30 PM OPEN SPACE COMMITTEE June 10 June 11 7:00 PM PLANNING COMMISSION 7:00 PM FRAC "Revised Meeting "New Meeting 4/28/94 DATE: April 26, 1994 TO: Dwight D. Johnson, City Manager FROM: John R. Sweeney, Assistant City Engineer/Transit Administrator Z✓��' SUBJECT: 1994 OPT -OUT TRANSIT LEGISLATIVE UPDATE Attached is the latest legislative update for Opt -Out Transit prepared by George C. Bentley, Legislative Liaison for Plymouth Metrolink and all other Opt -Out communities. The following issues are addressed in detail on this legislative update: • Opt -Out transit bill • High speed bus • Transit governance • Transportation and transit funding The legislative session is drawing to a close and as a result, things are changing rapidly. George is doing an excellent job of monitoring the session and is working very hard on behalf of all of the Opt -Out communities. As I continue to receive periodic updates from George, I will provide you with the information immediately. attachment cc: Fred G. Moore Daniel L. Faulkner Kathy Lueckert EEI'-1TLE'( H _o 11 - I1%1 TEL hd0 . i-. o , +Q 1' :4i P , r_i G.C. BENTL EY ASSOC. INC. 7525 Mitchell Rd., Ste. 216 Eden Prairle, MN 55344 (61 2) 937-3502 April 24, 1994 MEMO TO: Opt --Out Administrators FROM: George Bentley, Legislative Liaison ' SUBJECT: Legislative Update • rim : 04 The opt -out transit bill (SF 1736 - Belanger, HE 1817 - Kelso) has passed the Senate floor on a vote of 61 - 0, and is awaiting House floor action. It is expected to be considered Tuesday or Wednesday, possibly later, when metro - oriented bill are heard. 'there is no opposition to this bill. at this time, but it may receive some negative votes on the House floor from some inner-city DFLers who are angry with suburban I-Rfi over their attacks on Orfield's legislation. However, the bill should pass without difficulty, barring other issues which may impact on the vote. HIGH SPIED BUS The High Speed Rua (HSB) program has been split up in both houses, and has limited potential for any positive final action. The state bonding request of $2-6 million for highway infrastructure ImprovementB (i.e., ramp mister by— passes, shoulder diamond lanes, etc.) is not scheduled for a hearing in the House Capital Investment Committee where it has been sent, but tide been heard In the Senate Capital Bonding Subcommittee. It probably will. not be known until Monday or Tuesday if HSB state bonding will be included in the Senate bonding package, but at this time it appears doubtful. The HSB project also requires regional bonding for bus purchases and infrastructure improvements (i.e., park-and-ride expansions, transit Btatlortu, etc.). In the House $5.6 million in regional bonding has been attached to the MTC bonding bill (HF 2648 - Mctollum) for NSB_ That bill is scheduled for a hearing in the Houde Capital Investment Committee late Monday. In the Senate $6.b million in regional bonding for NSB has been similarly attached to the MTC bonding bill, and language creating the HSB plan and advisory group hao also been attached. The Senate bill (SF 2816 - Pappas) is on the Senate floor awaiting action. There is no operations funding for HSB in either house at this time, and unless there is an extensive funding package put together for transit in the final days of the session HSB will have to wait for next year to seek operations funding. GOVERNMENT AFFAIRS . LEGISLAIIVE AFFAIRS • CONSULTING Gi BEIJTLE''.` H IJC.. II'Ji:= TEL II0.[,1 Legialativo Update - Pape 2 Hl r 24,_ 1 4 15:X - P.0 \C•� The metro governance bill (SF 2015 - Flynn, House version of SF 2015 carried by Orfield) will be taken up by the House this week, and the vote will be very close. It is being lobbied very hard by both sides, and al. this writing it appears there are not enough votes to support an elected Metro Council. If the bill passes with an elected Metro Council still attached it will be very difficult for the Senate to accept because they have already voted against an elected body when SF 2015 passed the Senate flocs. It may mean that the WrB and the MTC will survive this session unaoathed. If the bill passes without the elected Met Council provision it is very likely the RTB and the MTC will be gone, absorbed into the Met Council as the Senate version of SF 2015 establishes. If the bill is defeated on the House floor the bill will be dead, and it is unlikely, barring last minute maneuvering, that there will be any changed in metro guvaraance this ceasion_ TRANSIT FUNDING On Saturday morning a House/Senate conference committee eliminated all transportation and transit supplemental funding from the omnibus supplemuntal appropriations bills. This was done as a strategic move to force a highwaye and transit funding package in the House, and to "encourage" the Governor not to veto ouch a measure. What this means is if no new funding measure passes the Houee, such ac a Bas tax increase coupled with a dedication of MVET for transit, there will be no supplemental funding for transit, metro or statewide, this session. It also means that if a funding measure was adopted by the House and was accepted by the Senate, the Governor would have to support the measure or there would be no supplemental transit funding. The failure of supplemental funding to pass this session would technically not hurt opt -out, but it would very likely result in enormous pressure on opt -out to "voluntarily" share in the funding pain that would be felt throughout the rest of the region. Failure to share in the pain would undoubtedly bring legislative retributiun next year. I am working with the Transportation Alliance, the RTB and with MPTA to help develop and promote a compromise bill to save supplemental transit funding. At this time it appears the session will end next Friday or Saturday, but it may extend into the first part of the following week. Please call me if you have any questions or would like more information. Minutes of the Park and Recreation Advisory Commission Meeting April 14, 1994 Page 13 Present: Commissioners Fiemann, Wahl, Mikula, Willegalle and Johnson, staff Bisek, Blank, Buck, Pederson and Peterson Absent: Chair Anderson (Commissioner Watson resigned after the March meeting) L CALL TO ORDER Vice Chair Wahl called the April meeting to order at 7:05 p.m. in the Council Conference Room. 2. APPROVAL OF MINUTES A motion was made by Commissioner Fiemann and seconded by Commissioner Willegalle to approve the minutes of the March meeting as presented. The motion carried with all ayes. 3. VISITOR PRESENTATIONS a. Athletic Associations. None were present. b. Staff. Mary announced that the Recreation Division started summer registration a month earlier this year, because so many residents had requested it. Registrations are up in most classes. Adult softball registration is down by a couple of teams. Credit card registrations are now being accepted by the department on a limited basis. This is a new service the department has made available to the public. We've been trying it on a trial basis and plan to go public with it in the August brochure. Residents will be permitted to use their credit card with mail -in registration, in-person registration, and eventually over the telephone. Mary announced that the Fitness Challenge Kick -Off Walk was held Wednesday, April 13, and the weather cooperated for a change. She explained that the Fitness Challenge is friendly competion with other companies in Plymouth, whereby employees exercise for points, and the company with the most points each week is the winner. There are t - shirts, mugs and a traveling trophy as prizes and incentives to work out. Mary stated that the Recreation Division will hire someone this year to help with the integration of special needs individuals into our programs. The City also now has a policy for administering drugs to children in our programs who are required to take medication during the day. Mary has been receiving requests to offer youth golf and other youth programs in the evening for working parents who are unable to get their kids to these activities during the day. Commissioner Willegalle also commented that he hears from a number of PRAC Minutes/April 1994 Page 14 residents that the parks department doesn't offer enough youth sports on summer evenings to accommodate working parents. Director Blank commented that the majority of the athletic fields are used in the evening by youth baseball, soccer and softball and that the only fields used by adults are Zachary and Plymouth Creek. Mary added that we simply don't have enough facilities to accommodate a lot of evening programs and wondered if the residents Commissioner Willegalle had talked to would be willing to participate in programs if they were offered on Saturdays. He responded that he would check with them and get back to Mary. City Forester Paul Buck announced that Arbor Day is scheduled to be celebrated in Plymouth on Friday, April 29, at Wayzata East Junior High, at 1 p.m. Members of the youth group Y.E.S. (Youth Extended Services) have been doing some fundraising and have managed to purchase 14 trees which will be planted in one of the courtyards at Wayzata East. The fundraising consisted of selling t -shirts, which raised $500. The Y.E.S. group also succeeded in securing a grant for $750 to help with the purchase of the trees. Park commissioners were invited to attend the Arbor Day celebration. c. Others. None were present. 4. PAST COUNCIL ACTION Council approved the acquisition of properties on 18th Avenue, which are part of the proposed West Medicine Lake Park. One of the homeowners is already in the process of moving to another home in Plymouth. The second property is close to being settled, but an agreement has not been reached yet with the third property owner. 5. UNFINISHED BUSINESS a. West Medicine Lake Park update. At the last PRAC meeting, a master plan for West Medicine Lake Park was endorsed by the Commission and a recommendation was made to forward the plan to the Council. However, the Council has not had the opportunity to review the plan, because they are very involved right now in the process of reviewing the acquisition of the ninth playfield site. Director Blank also pointed out that the '94 capital improvements program has not been approved by the Council, because it hasn't yet been approved by the Planning Commission. Director Blank stated that he would keep PRAC, as well as the focus group, informed as to the status of the West Medicine Lake Park project. It will be important to have community support of this project at the Council meeting when it is finally placed on their agenda. b. Study of unique open spaces update. Mark Wahl stated that the Open Space Committee has met three times within the last few weeks and has now identified 34 sites which meet the criteria established earlier by the committee. Most of the sites are, at a minimum, at least 10 acres in size, which was one of the criteria. The sites range in size from 10 acres up to 78 acres. The next step is to hire a consultant to visit the sites and identify the types of trees, plants, etc., and rank the sites. Prior to the consultant being hired, though, the Open Space Committee will meet again to try to reduce the number of sites. There is a limited three week period when the consultant can visit the PRAC Minutes/April 1994 Page 15 -:1-'�) C!" - sites, which is prior to trees and shrubbery leafing out. Commissioners asked if the sites are mainly wetlands, and Parks Superintendent Mark Peterson responded that several of them have wetlands contained within them, but they are mostly heavily wooded sites. Mark went on to explain that there are other methods for conserving wetlands, such as ordinances, etc., therefore, the Open Space Committee looked more for wooded areas. When asked if the committee tried to identify sites so that there would be an even distribution throughout Plymouth, Commissioner Wahl commented that it wasn't always possible, because most of southwest Plymouth is fully developed, and any open spaces that may once have existed there are now gone. They did attempt to identify sites in all four quadrants of the City, however. Commissioner Fiemann commented that he likes the idea of selecting sites so that there are some in each of the four wards of the City. Commissioner Mikula would prefer that some of the sites be large in size. Commissioner Willegalle asked about getting advice from the City of Eden Prairie, since they have already been through this process. Find out what mistakes, if any, they might have made, or what they would do differently. A MOTION WAS MADE BY COMMISSIONER FIEMANN AND SECONDED BY COMMISSIONER MIKULA RECOMMENDING THAT COUNCIL HIRE A CONSULTANT TO VISIT AND RANK THE SITES IDENTIFIED BY THE OPEN SPACE COMMITTEE. THE MOTION CARRIED WITH ALL AYES. c. Review plans for accessible playground. Director Blank explained that the City currently has 26 playgrounds spread throughout the community, and the one at South Shore Park has one or two accessible components. With the passage of the Americans with Disabilities Act (ADA), we are now required to provide "like" experiences for children of all abilities. As our older playgrounds need refurbishing, approximately 20- 30% will be made accessible when improvements are done. In addition, the City decided to create one, large, centrally located accessible playground in Plymouth Creek Park. Part of this planning process included forming an accessible playground committee to get input on the types of features to include in the playground. The committee was comprised of area residents with physical disabilities, professionals who work with the disabled, and park and recreation staff members. Five manufacturers of playgrounds were contacted and asked to submit an accessible playground design based on a specified dollar amount and based on standards developed by the Consumer Product Safety Bureau, the American Society for Testing and Measures and ADA. All the submitted designs were reviewed by the Accessible Playground Committee, and eventually a design was chosen that met with the approval of the playground committee. Director Blank shared with PRAC a drawing of that approved design and explained the features. The playground will be 100% accessible to wheelchair bound individuals. One of the more exciting features involves the use of water when the children are playing. They will be able to manipulate the water by turning on a faucet and creating a shower like effect. Commissioner Mikula commented that this is an excellent feature to have in the playground, but also wanted staff to be aware that although the kids enjoy being able to manipulate the water, they may not want to get wet. Commissioner Wahl also wondered if water might damage wheelchairs. Director Blank commented that the PRAC Minutes/April 1994 Page 16 kids could operate the water in such a way that they would not get wet if they didn't want to. Commissioner Mikula also wondered if the overhead bars shown in one of the drawings were reachable by the kids, so they'd be able to do pull-ups from their chairs. Director Blank wasn't sure if it was designed for that purpose and said that he would check into it. As shown, the accessible playground will cost approximately $130,000. Part of this cost will be covered by Community Development Block Grant (CDBG) funds. This is because projects designed using ADA standards are eligible for CDBG grants. A MOTION WAS MADE BY COMMISSIONER MIKULA AND SECONDED BY COMMISSIONER JOHNSON RECOMMENDING THAT COUNCIL APPROVE THE CONCEPT PLAN AS SHOWN FOR THE ACCESSIBLE PLAYGROUND AND ADVERTISE FOR BIDS. THE MOTION CARRIED WITH ALL AYES. d. Review 1994 trail construction projects. Three segments of trail remain to be constructed that were part of the projects started in 1993. One segment goes around a wetlands and runs between Niagara and Vicksburg, another segment is to close a gap in a trail running north of city hall, and the third trail goes around the west side of Turtle Lake. There is $100,000 in the 1994 budget to complete these projects. A MOTION WAS MADE BY COMMISSIONER REMANN AND SECONDED BY COMMISSIONER JOHNSON TO ACCEPT THE TRAIL PROJECTS PROPOSED FOR 1994 CONSTRUCTION. THE MOTION CARRIED WITH ALL AYES. 6. NEW BUSINESS a. Review of city trail plan (referred by Planning Commission). Director Blank explained that due to the proposed development of a McDonald's restaurant and a 7-11 convenience store at the southeast intersection of County Road 6 and 494, the Planning Commission has asked that PRAC consider an extension of trail along County Road 6 that would provide access to these businesses. Director Blank further stated that no trail is shown at this location in the city's master trail plan. Commissioner Fiemann asked how often PRAC reviews the master trail plan, and Director Blank said about every two years, even though by law it's only required every ten years. He further explained that in order to amend the trail plan, a public meeting must be held by PRAC, followed by a public hearing held by the Planning Commission. Parks Superintendent Peterson commented that the City can add trails without amending the plan, but they cannot remove a trail that shows in the plan without holding both the public meeting and public hearing. Commissioner Fiemann discussed the need for a trail along Medina Road allowing the residents in the Hans Hagen and Lundgren Bros. developments to have access to the new park located south of Medina Road and east of 101. 7. COMMISSION PRESENTATION Commissioner Willegalle announced that the East Parkers Lake Improvement Association is having a clean up day on Saturday, May 7, to clean along the shore of Parkers Lake. This discussion prompted other commissioners to ask if Plymouth had a city clean up day. PRAC Minutes/April 1994 Page 17 Director Blank responded that several years ago, the City did sponsor a spring clean up, which included the placement of large dumpsters at locations throughout Plymouth's numerous neighborhoods. The program came to an end when residents began abusing the purpose, which was to clean up the neighborhood, by using the dumpsters to clean out their own personal basements, etc. Commissioner Mikula commented that a short paragraph in the Plymouth News might be helpful, encouraging residents to clean up their surroundings when going out for a walk. She suggested that they take a plastic or paper bag with them and fill it with the paper and aluminum cans they find lying in the street or on the trail. 8. STAFF COMMUNICATION Director Blank reminded commissioners that the park tour is set for May 25. 9. ADJOURNMENT The meeting adjourned at 8:20 p.m. CITY OF PLYMOUTH PLANNING COMNIISSION MINUTES APRIL 13, 1994 The regular meeting of the Plymouth Planning Commission was called to order at 7:00 p.m. by Acting Chairperson Barb Stimson. MEMBERS PRESENT: Commissioners Barb Stimson, Ed Albro, Jack Hill, Virginia Black, Linda Oja and Allen Ribbe. MEMBERS ABSENT: Chairman Mike Stulberg. STAFF PRESENT: Director Anne Hurlburt, City Engineer Dan Faulkner, Planning Supervisor Barbara Senness, Associate Planner John Keho, and Planning Secretary Jackie Watson MINUTES: MOTION by Commissioner Albro, seconded by Commissioner Oja to approve the Planning Commission Minutes of March 23, 1994. Vote. 6 Ayes. Motion carried. TOLL COMPANY (93133) Acting Chairperson Stimson introduced the request by Toll Company for a Conditional Use Permit and Site Plan Amendment for outside storage and the construction of a roof section to cover the loading dock at 3005 Niagara Lane North. Associate Planner Keho reviewed the April 4, 1994 staff report. Commissioner Black questioned whether there were conflicting responses in the engineering report items #14 and #22 regarding site drainage. She asked if the sediment pond in the northeast was "optional" as shown on one of the graphic sheets. City Engineer Faulkner stated the responses in the engineer's memo were not conflicting and that the sediment pond was not optional and would be required as shown on the drainage graphic sheet. Acting Chairperson Stimson introduced Thomas Muehlberg representing the petitioner. Planning Commission Minutes April 13, 1994 Page 45 Mr. Muehlberg described the business. He stated that the company sites at other locations in the area are well maintained as this site will be. He said that the screening will be used for security purposes. Acting Chairperson Stimson opened the Public Hearing. Acting Chairperson Stimson introduced Mr. Jerry Lavin of 2915 Niagara Lane. Mr. Lavin stated that he owned the building south of the site and his only concern was the drainage from the site. He stated he had no objection to the new occupants and said he felt they would be a benefit to the arra. Acting Chairperson Stimson closed the Public Hearing. Commissioner Hill asked if the sediment pond would be in the northwest corner of the site, with no excavation at the southern portion of the site. City Engineer Faulkner responded that there would be no excavation at the south and the drainage pond would be at the northwest portion of the site. Commissioner Oja asked if the additional parking proposed was needed for the business. Mr. Muehlberg stated the additional parking would comply with the City requirements for parking which is based on the amount of lot coverage. Commission Oja asked if the parking on the north could be shown as proof -of -parking rather than blacktopped as it would be nice not to have so much blacktop in the City. Mr. Muehlberg stated that the new parking would be used for staff and wholesale customers and would also aid in the movement of traffic and the maneuvering of trucks. He stated that this area will also be the fire lane. He said that the northwest corner parking is not needed but meets City requirements. Commissioner Oja asked if additional screening could be placed on the north side. Mr. Muehlberg stated that a berm would be placed at this spot but it would not be heavily landscaped. He said it was important not to hide the company signage in this area. Commissioner Oja asked if additional lighting would be placed outside and whether the fence would be painted or left natural. Planning Commission Minutes April 13, 1994 Page 46 Mr. Muehlberg stated that there would only be a light just under the roof extension and the fence would be left natural. Commissioner Oja asked why this type of fencing was selected. Mr. Muehlberg responded that this was recommended by City staff. MOTION by Commissioner Hill, seconded by Commissioner Black, to recommend approval of the request by Toll Company for a Conditional Use Permit and Site Plan Amendment for outside storage at 3005 Niagara Lane North. Roll Call Vote. 6 Ayes. Motion carried on an unanimous vote. PLYMOUTH PRESBYTERIAN CHURCH (93141) Acting Chairperson Stimson introduced the request by the Plymouth Presbyterian Church for a Preliminary Plat and Final Plat, Site Plan, Conditional Use Permit and Rezoning for a church located northwest of the future intersection of Dunkirk Lane and County Road 9. Associate Planner Keho reviewed the April 5, 1994 staff report. Associate Planner Keho stated that staff had added two conditions to the resolutions after they were distributed to the Planning Commissioners regarding the following: Add to the Preliminary Plat resolution Conditions 10 and 11; 10. The Final Plat shall include provisions for the Dunkirk Court cul-de-sac. 11. The Final Plat shall not be submitted to the City Council until the sanitary sewer has been extended to this site and a contract is awarded for County Road 9; and, Add the following to the resolution for the Final Site Plan Condition 13; 13. Submittal of fire flow calculations. Commissioner Hill asked if the cul-de-sac at Dunkirk Court would go through to Highway 55. Associate Planner Keho stated that the design of the cul-de-sac would be modified before it goes before the City Council and it would only provide access to Dundee Nursery, and not to Highway 55. Commissioner Black asked when County Road 9 would be extended. Planning Commission Minutes April 13, 1994 Page 47 City Engineer Faulkner responded that it would be done this summer, although the sewer installation was not part of the City plan. He said that sewer would be extended from the West Branch Development and would be done by Orrin Thompson Homes which is adjacent to County Road 9. Commission Ribbe asked if this plan was contingent on the sewer connection from the adjacent property. City Engineer Faulkner responded that it was. Acting Chairperson Stimson introduced Mr. Greg Frank representing the petitioner. Mr. Frank stated that Orrin Thompson Homes had assured them that they would be installing the sewer connection so they could go ahead with the plans for the church. Acting Chairperson Stimson opened the Public Hearing. Acting Chairperson Stimson introduced Mr. Jerry Theis of Dundee Nursery, 16800 Highway 55. Mr. Theis stated that Dundee Nursery would need the access from the west side of the church site and would be willing to deal with the church to come up with an acceptable street plan. He said he would like to avoid the construction of a City street, but just have some access to the nursery from County Road 9. He said he had no objection to the church plan and the staff report was agreeable to him. Acting Chairperson Stimson introduced Mr. David Morem of 2220 Xene Lane. Mr. Morem stated that he was a representative of the church and asked why staff felt that the County Road 9 contract stipulation had to be a part of the staff report. He said he had submitted four alternatives for access to Dundee Nursery to Director Fred Moore and that staff had decided that the Dunkirk Court cul-de-sac was the best alternative. He said the church would continue to work with Mr. Theis. Acting Chairperson Stimson introduced Mr. Rich Deziel of 16100 46th Avenue North. Mr. Deziel stated that he was concerned with drainage from the site going into Plymouth Creek. Acting Chairperson Stimson closed the Public Hearing. Planning Commission Minutes April 13, 1994 Page 48 City Engineer Faulkner stated that the storm sewer at the upper northwest corner of this site needs to be in place before this site is developed. He said that the drainage would not go into Plymouth Creek as was the concern of Mr. Deziel. Associate Planner Keho stated that staff selected the alternative for the Dunkirk Court cul-de-sac and brought the plan forward because the Church and Dundee Nursery had not come to terms with what should be done for access. Commissioner Hill asked why Dundee Nursery would not have access onto Highway 55. Associate Planner Keho stated State has limited the access onto Highway 55. Commissioner Oja asked what the church would do if the steeple height was not approved. Mr. Ray Geiger, church architect, stated that the steeple would not actually be 70 feet, but that the church including the steeple would be less than 70 feet. He said he did not know what the church would do if the height was not approved. Commissioner Oja stated that she thought that there should be an additional exit from the parking lot onto Dunkirk Court, to avoid a bottleneck to Dunkirk Lane from the parking lot. Associate Planner Keho stated the exit onto Dunkirk Lane was the applicant's plan, and because the applicant was not sure of the outcome of Dunkirk Court no exit was planned at this location. Mr. Frank stated that if traffic were to exit from Dunkirk Court it would be difficult because of the stop signs, and it would be better for traffic flow to force traffic onto Dunkirk Lane. Commissioner Oja asked for a description of the landscaping planned along Dunkirk Lane. Mr. Geiger described the landscape plan and stated there would also be a berm along Dunkirk Lane. Commissioner Oja asked what would be the purpose of a berm. Associate Planner Keho responded that a berm would provide screening of car headlights from the parking lot at night to adjacent property. Planning Commission Minutes April 13, 1994 Page 49 Commissioner Albro stated that the access for Dundee Nursery from Dunkirk Court did not allow a lot of access to Dundee Nursery, since there was no connection to County Road 9 either. City Engineer Faulker stated that County Road 9 connects with Highway 55 from Dunkirk Lane and the State would not allow another intersection onto Highway 55. Commissioner Albro asked if we should have an obligation to an existing business. Director Hurlburt stated that was why staff selected the plan for Dunkirk Court which would give access to the nursery. Commissioner Albro stated that if access to the nursery cannot be from Highway 55 that the Dunkirk Court plan was a must. Director Hurlburt stated that the Commission was dealing with a Conditional Use Permit to allow the increased height of the building, not a variance. She said that if the Commission denied the increased height they must indicate what Conditional Use criteria were not met for the height request. MOTION by Commissioner Albro, seconded by Acting Chairperson Stimson to recommend approval of the request by the Plymouth Presbyterian Church for a Preliminary Plat and Final Plat, Site Plan, Conditional Use Permit and Rezoning for a church located northwest of the future intersection of Dunkirk Lane and County Road 9, subject to all conditions, to including the new conditions discussed by Associate Planner Keho. Roll Call Vote. 6 Ayes. A-1 TRUCK REPAIR, INC. (94022) Acting Chairperson Stimson introduced the request by A-1 Truck Repair, Inc. for a Conditional Use Permit Amendment to increase the use and eliminate screening for the site at 1135 Nathan Lane North. Associate Planner Keho reviewed the April 4, 1994 staff report. Commissioner Oja asked if the applicant would be required to submit a landscape plan. Associate Planner Keho stated that if the landscape plan was modified, it would be reviewed and approved by staff and would not need to come back to the Planning Commission. Planning Commission Minutes April 13, 1994 Page 50 Commissioner Black asked if the landscaping would provide total screening of the site for the residential area to the west. Associate Planner Keho responded that the intent of landscape screening was to provide enough screen to be reasonable, not to completely eliminate the view. He said that a landscape screen was more pleasant to look at than a fence. Commissioner Ribbe asked if a berm was considered in addition to trees. Associate Planner Keho stated that a berm was not discussed as there was no place to place a berm because of the wetlands and the paved parking lot. Acting Chairperson Stimson introduced Mr. Bob Smith, representing the petitioner. Mr. Smith stated that this site was over 600 feet from Nathan Lane and that the Trenton Ponds development which is in the early stages of development was 1200 feet away. He said there was also existing vegetation of shrubs and trees at the southwest corner which provides screening. Mr. Smith discussed the west side screening, stating that this existing use should not be required to install additional screening for a new development. He said that a berm would have to be installed outside the site on the wetland, which would be a violation. He said that there was a large setback on the east side; the south was screened by the Minter Wiseman building; and, the north was screened by Hedberg Aggregates through the use of a wood fence. He said he felt the 645 -foot setback from Nathan Lane was more than sufficient since the elevation of the site was lower than Nathan Lane and can't be seen from the street. Mr. Smith stated that the east side of this site was similar to the site of the City's Public Works garage area except that the Public Works garage was closer to the street than this building. Acting Chairperson Stimson opened the Public Hearing. Acting Chairperson Stimson introduced Dave Rostrum of 7004 Knoll Street North. Mr. Rostrum stated that he would be a new resident to Trenton Ponds and was concerned with any reduced screening. Acting Chairperson Stimson introduced Mr. Daryl Tesch of 2540 Lamplighter Lane. Mr. Tesch, a representative for Zachman Builders working with the Trenton Ponds developers, stated his concerns that any allowed additional repair work would add to the industrial blight of this area. He said that he could look across the wetlands from Planning Commission Minutes April 13, 1994 Page 51 Trenton Ponds and count the number of trucks in the parking lot. The existing vegetation was not what he would consider substantial. He said they have lost sales because of the view of the A-1 Truck Repair site. Mr. Tesch stated the City should require an 8 -foot berm topped with trees 6 -foot on center for screen to be installed on the A-1 Truck Repair site. He said the existing trees and shrubs on west side are scrub trees and wild shrubs and were not a barrier for the visual blight. He said that the landscape berm behind the Hedberg property did not provide adequate screening to the property across from this site. He said that an earth berm was needed and the NSP substation berm along South Shore drive was a good example of what he wanted. Acting Chairperson Stimson introduced Bob Maddus of 1304 West Medicine Lake Drive, #129. Mr. Maddus stated he wanted to maintain the peace of the wetlands and not have a business such as A-1 Truck Repair disturbing the peace in the area. He showed the Commissioners pictures he had taken from his lot, and said he could see inside the A-1 Truck site from his home and could see clear through the A-1 site into Trenton Ponds from Nathan Lane. Acting Chairperson Stimson introduced Mr. Jim Windey, soon to be a homeowner in the Trenton Ponds development. Mr. Windey stated that he supported what was said by Mr. Tesch and Mr. Maddus. He said he was also concerned with lighting emitting from the site at night. He said he favored the installation of a berm with plants. Acting Chairperson Stimson introduced Mr. Monte Dassburg of 11905 50th Avenue North. Mr. Dassburg stated he would be a new resident of Trenton Ponds. He said he would wait to purchase a home in phase II of the development because he did not like visibility of the industrial area to the east, the A-1 Truck Repair site. Acting Chairperson Stimson introduced Mr. Chuck Aycock, 10500 10th Avenue North. Mr. Aycock stated there was incompatibility between the industrial site and the residential development and the way to solve this would be with a berm with trees on top. He said this would solve the problem with the view and the light at night. Acting Chairperson Stimson introduced Ms. Carole Willson of 8400 Golden Valley Road. Planning Commission Minutes April 13, 1994 Page 52 Ms. Willson stated she was concerned with the view of A-1 Trucking from Trenton Ponds. She said a compatible existence could be created with a berm and landscaping. Acting Chairperson Stimson introduced Mr. Harley Greenberg of 3630 Georgia Avenue North. Mr. Greenberg stated he would be purchasing the model home in Trenton Ponds. He said that his concern was the scrub vegetation between the two sites. He said he was opposed to increasing the types of vehicles which could be repaired because it would create more traffic in the area. He asked where the traffic would flow and if it could be restricted into the facility. Acting Chairperson Stimson introduced Mr. Greg Rutherford, owner of A-1 Truck Repair, Inc. Mr. Rutherford stated that he does not own the property that his business occupies. He said that this site has been industrial for many years and was there long before Trenton Ponds was proposed. He said he agreed that something needed to be done with the view, but he did not own the site and cost would be prohibitive for him and the owners of the site do not want to incur the expense. He said he was not opposed to additional landscaping but felt that the developers of Trenton Ponds could do some screening if they felt it was necessary. Mr. Rutherford stated that the developers of Trenton Ponds knew the industrial district was located to the east when they purchased the property. He said he was in business and the Trenton Ponds people are also in business and the Trenton Ponds people could have put up trees for screening prior to development. Mr. Maddus stated that approval had been given in 1987 to a developer to build in Trenton Ponds. Acting Chairperson Stimson closed the Public Hearing. Mr. Rutherford stated that there would not be more traffic coming into the site from South Shore Drive. He said that he gives customers directions to the site using Highway 169 to 13th Street to Nathan Lane and this was already a high traffic truck traffic area. Commission Albro asked staff to review the original Conditional Use Permit. Associate Planner Keho stated that the repair of automobiles was prohibited in the previously approved resolution but that fleet vehicles were not discussed at that time. He said that a six-foot fence with slats was approved to be reviewed for screening in one year. Planning Commission Minutes April 13, 1994 Page 53 Director Hurlburt stated that any changes to the Conditional Use Permit should relate to those items requested by the petitioner and that the Commission should be careful not to change the original Conditional Use Permit. She said that the ordinance does not state how soon after approval screening should be completed and the Commission might consider stating a specific time, possibly stating that six months might be considered reasonable. Director Hurlburt stated that staff would need to wait until the year is up and can't evaluate the effectiveness of the landscaping approved in the previous resolution until that time. Commissioner Albro stated that he was comfortable with staff recommendations including the repair of fleet vehicles. Commissioner Oja stated that plants used for screening sometimes become bad after years and look worse than other types of screening. Commissioner Oja stated she felt the Commission should review any revisions to landscape plans before they are approved. Director Hurlburt stated that applicant had not requested any revisions to the landscape screening only to eliminate some of the screening. If the applicant refused to provide the screening approved by the previous resolution the Planning Commission could deny the request. Commissioner Oja stated that the outside storage area was used this past winter for snow storage not storage of vehicles. Commissioner Hill stated that he felt the petitioner was trying to develop a profitable business and he said that it exceeds bounds to require him to tear up the parking lot to create a berm. He said that if this request for elimination of some screening is denied then the fence would still be required. He said that he felt the Commission needed to come to terms now with a landscape plan which would be reviewed in a year, rather than require the previously approved fence and then in a year change the requirements for screening which would be more costly to the proprietor of A-1 Truck Repair. Commissioner Ribbe asked Mr. Rutherford if he would be agreeable to planting trees for screening rather than the fence. Mr. Rutherford stated that he felt that planting trees would be better than a fence. He said that if the Trenton Ponds residents wanted more trees then they could put up the additional trees they want. Planning Commission Minutes April 13, 1994 Page 54 Mr. Tesch stated that plans for Trenton Ponds started some years ago. He asked who establishes the height of trees to be planted and how do you get trees tall enough to provide adequate screening. He said that $75,000 was required by the City for Trenton Ponds to cover landscaping requirements. Associate Planner Keho stated that trees required for landscaping are not less than six feet in height. He said that screening tall objects has always been a problem and that usually a six-foot fence along with a six-foot mixture of trees, some fast growing and some slower growing, are required. He said that screening was not intended to screen 100 percent. Mr. Smith said that A-1 Truck Repair would be willing to work with the City Forester, rather than returning to Planning Commission, to come up with an acceptable landscape plan. Commissioner Oja stated she would like to see a small berm as part of the plan. Mr. Smith stated that the creation of a berm would be a problem as had been noted by the Department of Natural Resources because of the water level and flood plain. A berm would also reduce the size of their parking lot. Commissioner Oja stated that she would like to make sure that lights from the site would not shine into the residential area. Director Hurlburt stated that no change in lighting had been proposed. She said that staff was not aware of a lighting problem but that they could check it out. MOTION by Commissioner Albro, seconded by Commissioner Oja to recommend denial of the request by A-1 Truck Repair, Inc. to increase the use and eliminate screening for the site at 1135 Nathan Lane North. Commissioner Albro stated that he felt the petitioner should install the fence as previously approved for screening and it should be reviewed in August. The applicant would have time to build fence and possibly work with neighbors for a future alternative. Acting Chairperson Stimson stated that she felt this was a good time to ask for the natural screening rather than the construction of the fence that nobody wants. Commissioner Oja stated that she wished to withdraw her second of the motion. Motion failed for lack of a second. Planning Commission Minutes April 13, 1994 Page 55 MOTION by Commissioner Hill, seconded by Commissioner Ribbe to recommend approval of the request by A-1 Truck Repair as recommended by staff and subject to all conditions contained in the April 4, 1994 staff report. Commissioner Black stated that she agreed with staff's recommendations. Commissioner Albro stated that he was not in favor of the motion because he felt the screening would not be adequate to the new Trenton Ponds purchasers. Commissioner Hill stated that he felt that because the applicant did not own the property he was caught in the middle between the two sides, and was in a no win situation. Director Hurlburt stated that City could revoke the Conditional Use Permit in the future if the applicant failed to comply with the conditions. Commissioner Albro asked if the Planning Commission had the authority to request additional screening. Commission Oja stated that conditions in the neighborhood have changed which would make the requirements for additional screening allowed. Commissioner Black stated that the conditions of the two resolutions seem to meet the concerns of the prospective residents except for the berm. Acting Chairperson Stimson stated she was not in favor of a berm and heavy landscaping. She said that the industrial zoning had been in place for a long long time and that the burden should not be solely on the industrial area for screening. She said a nice landscape screening, not a forest, should be required. Commission Hill stated that long-term landscaping would be best. Commissioner Black stated that she was against a berm because it would cause more disturbance of the wetland area. She said that the planting of trees would be more beneficial. Roll Call Vote. 5 Ayes. Commissioner Albro voted Nay. Motion carried on a 5-1 vote. Acting Chairperson Stimson called a recess at 9:20 p.m.; the meeting reconvened at 9:33 p.m. Planning Commission Minutes April 13, 1994 Page 56 METROPOLITAN COUNCIL REGIONAL BLUEPRINT Planning Supervisor Senness discussed the Metropolitan Council Regional Blueprint and the draft of staff's response to the Metro Council. Commissioner Black if the Metropolitan Council were given the authority to approve City plans rather than review them, what would staff glean from the change. Planning Supervisor Senness stated that she did not think it was the writer's intent to make this change, but that the editors inserted the language which was not necessarily the staff view. Commissioner Black asked if the language was to remain as "approve" what impact would it have on the City. She asked if the City receives money from Met Council. Planning Supervisor Senness said that the State Legislature would have to approve any changes. She explained the functions of Met Council. Director Hurlburt stated that cities must have Met Council approval for sewer extensions. If sewer extensions are not approved, it would impact city planning. Commissioner Albro stated that he thought staff did a good job of raising the issues in the staff report. WETLAND ORDINANCE Planning Supervisor Senness discussed the revised Wetland Ordinance schedule which would be discussed with the City Council on Monday, April 18, 1994. Commissioner Black asked about an interim plan that could be implemented between now and ordinance adoption. She asked what could be done that would not involve legal issues regarding definition, and whether staff and the Commission could agree to some sort of buffer or back yard setback as a fairly simple approach to move new buildings away from the wetlands, with a limited buffer as an interim step. She asked what this would involve, or are there other ways to approach this. Associate Planner Keho stated that a way of measuring where we measure rear yard setbacks could be implemented if the ordinance were changed so that measurement would begin from the delineated wetland. Director Hurlburt questioned how staff would implement this without some of the same problems as creating the final ordinance. She said there could be implications regarding variances, grandfathering, and existing homes and all issues are complicated. Planning Commission Minutes April 13, 1994 Page 57 Commissioner Black stated that she had a problem with the extended schedule which was warranted, but would allow land use for an entire year under the existing ordinance and the loss of more wetlands. Director Hurlburt stated that developers were very aware of the anticipated changes to the ordinance and staff have been advising them that they ought to plan for a buffer. Staff has had a positive response and are working on designs and incorporating as much buffer as they can with developers. Planning Supervisor Senness stated that many changes are being made in plans by developers. Commissioner Hill asked what would be done regarding the issue of grandfathering existing sites. Director Hurlburt responded that we do not know how many lots are out there that do not comply and we do not have an inventory to see how many existing homes will be impacted. Commissioner Black asked how this impact could be handled. Director Hurlburt stated that staff would need to write an ordinance which would eliminate variances if they suspect there would be many. She said staff hoped to have some type of survey. Commission Hill stated he liked the voluntary approach. Commissioner Oja asked if a new submitted plan could be tabled if a potential problem is seen. Director Hurlburt stated that staff was working with the City Attorney on what can be done. Commissioner Black suggested that a redefinition of rear yard setbacks would be a safe way to protect wetlands in the interim for new plats. Commissioner Oja said we could apply rules to those existing homes that protect the wetland. She stated that she did not feel we needed an interim ordinance, just get this ordinance done as fast as possible, Acting Chairperson Stimson agreed. Commissioner Albro stated that if it was possible to do something that would not prolong developing the ordinance it would be nice to have, but if it would deter the process then staff should continue on with the ordinance. Planning Commission Minutes April 13, 1994 Page 58 Director Hurlburt stated that staff could do a simple ordinance change for rear yard setbacks but reminded Commissioners that it would not affect houses being built this year. Those approved this year will not be built until next year (1995). She said that some lots being built today were platted 2 to 3 years ago. MOTION by Commissioner Black, seconded by Commissioner Albro to direct staff to develop an ordinance which would apply to brand new developments for a back yard setback at the delineated wetland and grandfather in existing housing and developments already through the process. Vote. 4 Ayes, Commissioners Stimson and Oja voted Nay. Director Hurlburt asked the Commission what approach they wanted staff to take in regards to the two models for wetland ordinances by Maple Grove and Chanhassen. Acting Chairperson Stimson stated she leaned toward the Maple Grove model. Commissioner Oja stated she leaned towards the Chanhassen model. Commissioner Albro stated he liked the Maple Grove model, that the Chanhassen model was not a good analogy because they did not have as many wetlands as Plymouth and can afford to be more liberal. He said he would like do more than just grandfather all existing property; do something somewhere in the middle. Commissioner Hill stated he was also looking for something in the middle. He said that if a building was raised then the owner would be forced to comply with the ordinance, even though this may happen 50 years down the road. Commissioner Albro stated that he felt the right way to do an ordinance would be like Chanhassen but he did not think this could be done by September. Commissioner Ribbe stated he leaned toward the Chanhassen model but thought it would be difficult to do. He said he felt they had total control of the wetlands. Commissioner Oja stated that the City needed to control the wetlands in the developed areas. Commissioner Black stated she was somewhere in the middle, but if forced to choose she would choose the Chanhassen model. Director Hurlburt stated that she would draft an ordinance and set up a public hearing for a draft ordinance for rear yard setbacks at the May 11, 1994 Planning Commission meeting. Planning Commission Minutes April 13, 1994 Page 59 MOTION to adjourn by Commissioner Ribbe, seconded by Commissioner Oja. The meeting adjourned at 10:17 p.m. MINUTES PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY MARCH 17, 1994 A meeting of the Plymouth Housing and Redevelopment Authority was called to order by Chairman David Crain on March 17, 1994. PRESENT: Chairman David Crain, Commissioners Brian Warhol, Madie McFarland, Thomas Rugh and Brian Warhol ABSENT: Commissioner John Edson STAFF PRESENT: Executive Director Anne Hurlburt, Housing Specialist Milt Dale, Housing Secretary Denise Hutt, Park and Recreation Director Eric Blank INTRODUCTION OF NEW HRA COMMISSIONER Chairman Crain welcomed Commissioner Rugh to the Housing and Redevelopment Authority. PLYMOUTH HOUSING ALLIANCE Steve Ludovissie, President of Plymouth Housing Alliance (PHA) stated the PHA has two main concerns. One concern is space. The board currently uses the City Council Conference Room for their meetings, but they would also like an area to store materials, file cabinet, and office equipment. Mr. Ludovissie explained the PHA needs to have a location from which to conduct business. The other main concern raised by Mr. Ludovissie was personnel. He acknowledge the "Statement of Relationship" specifically states the City of Plymouth staff will not be available for staffing support, but the PHA is a board made up of professional people who have limited time. The PHA has not had the time to recruit volunteers. Mr. Ludovissie projected the PHA would need someone to serve as a director or project administrator, possibly for the next eight to twelve months at five to ten hours per week. This person would seek volunteer recruitments, help out with the financial aspects, as well as, fundraising and day-to-day administration. This would alleviate the board members from the on-going tasks and allow them to focus on policy making decisions. Mr. Ludovissie stressed that without additional staffing assistance from the City of Plymouth PHA projects would be prolonged. Chairman Crain asked if the PHA was requesting two staff persons, one to take minutes at board meetings and one to serve as a director/project administrator. Housing and Redevelopment Authority March 17, 1994 Page # 16 Mr. Ludovissie replied one person could serve both functions. He suggested Volunteer Coordinator Nancy Anderson could assist and possibly another staff person. Kim Bergman requested the volunteer coordinator advertise for volunteers for the PHA. After the volunteers are found, there would also be the need for someone to supervise the volunteers. Mr. Bergman requested the Housing and Redevelopment Authority recommend approval of a resolution to use City staff for the Plymouth Housing Alliance to forward to the City Council for their approval. Commissioner McFarland asked why the Plymouth Housing Alliance did not object to the Statement of Relationship when it was adopted in December, 1993. If it was considered important at that time to incorporate the statement of no City staff to be available for assistance to the PHA, why ask for it now. Mr. Ludovissie responded the issue of available City staff was an oversight. The PHA does want to operate independently, but needs staff assistance on an interim basis. Mr. Bergman stated the main reason for the clause was that no City staff should be used in soliciting donations for the PHA. Director Hurlburt commented staff does not have the available time to commit to the PHA. She explained part of the functions of the Community Development department are to regulate development in the City and City personnel cannot be soliciting money from these same developers. She believed staff should not be involved in this effort except to attend meetings. City Manager Johnson stated the original concern of having staff involved was the conflict of soliciting donations. He stated the Community Development Department is also very short of staff. Mr. Ludovissie asked if it was possible to just use the services of the volunteer coordinator. Mr. Bergman wondered if the volunteer coordinator could possibly work out something with her` other job which would enable her to work an additional five hours or more per week for the PHA. Chairman Crain asked Mr. Ludovissie to prepare a more specific request outlining their need for City staff assistance. Director Blank informed Commissioners the volunteer coordinator's position is a 20 hour per week position. The volunteers that Nancy recruits are to work for a City staff person. Director Blank has been contacted by other non-profit groups inquiring about obtaining her services also, but her job description prohibits providing such services. If the HRA and City Council wish to modify the job description guidelines, he believed something could be worked out. Housing and Redevelopment Authority March 17, 1994 Page #17 Chairman Crain was concerned if this arrangement were allowed for the PHA, then the City opens the door for other non-profit organizations to make similar requests. He wanted to know where do you draw the line. Commissioner Rugh commented this looks like an interim situation for possibly six months. Mr. Ludovissie added that the purpose of using the volunteer coordinator is to build a base to recruit volunteers that become committed to the program. There should be a continual growth of volunteers thus alleviating the need of City staff in approximately 12 months. Commissioner Rugh asked if this could be seen as an interim step, would it meet the needs of the PHA. Mr. Ludovissie replied affirmatively. MOTION by Chairman Crain, seconded by Commissioner Warhol approving recommendation to the City Council that the volunteer coordinator's services be provided to the Plymouth Housing Alliance in recruiting volunteers. Commissioner McFarland asked if this item would go to City Council for approval. Chairman Crain replied the Housing Authority forwards this item to the City Council for their approval. Vote. 4 Ayes. MOTION carried unanimously. Chairman Crain instructed Mr. Ludovissie to provide all information requesting staff needs ahead of time to the City Manager. SENIOR HOUSING PROJECT UPDATE Chairman Crain asked if the project is behind and if so, what would be needed to put it back on schedule. Greg Oppegard of Walker Management presented Commissioners with an update on Plymouth Towne Square. He stated the project is behind schedule due to the severe winter weather. Frana and Sons wanted to ask for a deadline extension, but it was agreed to reevaluate the project in June to see if an extension would be needed. Mr. Oppegard anticipates if the current pace can continue the project should be back on schedule by June If a two week extension is needed, it would not have significant impact on the occupancy of the units. Donna Flaata of Walker Management commented the leasing staff would also need to know by June 1 if there is a deadline extension. It should not impact the lease up of units as the Housing and Redevelopment Authority March 17, 1994 Page #18 management would extend their work day to offer three move -in schedules per day instead of the normal two. Chairman Crain inquired if the revised drawings for the central core area had been approved. Mr. Oppegard replied they have yet to be approved officially yet, but thought the revised plans for the central core area will be an asset to the project. Mr. Oppegard will also be looking into the cost comparison of the revision. Commissioner McFarland asked if there was a "slush" fund available for this sort of needed change. Mr. Oppegard explained there is a five percent contingency clause, but it is Walker's goal to get through the project without use of the contingency funds. Currently, the project is under budget. Ms. Flaata introduced Sarah Miller as the new manager for Plymouth Towne Square. Ms. Miller is a graduate from the University of Minnesota with a degree in housing. Ms. Miller will be officed in the Public Safety building starting April 1 until the building is completed. Ms. Flaata pointed out the original market plan estimated 16 months of marketing. With over 500 names on the "interest list", this marketing is not necessary resulting in a savings in that area. APPROVAL OF FEBRUARY 15, 1994 MINUTES MOTION by Commissioner Warhol, seconded by Commissioner McFarland to recommend approval of the February 15, 1994 minutes. Vote. 4 Ayes. MOTION carried unanimously. PUBLIC HEARING FOR FY 1994 CDBG PROGRAM Housing Specialist Dale gave an overview of the March 14, 1994 memo relating it to the letter from the Department of Housing and Urban Development (HUD) asking for a "workout plan" showing the draw down of available Community Development Block Grant Funds. Staff suggests a reallocation of $30,000 from the Rehabilitation Grant/Loan Program and $20,000 from the First Time Homebuyer Program to a new activity for accessibility improvements at City parks as requested by the Park and Recreation Department. Chairman Crain opened and closed the public hearing as there was no one present to speak on the issue. Chairman Crain asked what the $50,000 is needed for, as $10,000 was already allocated for the Plymouth Park and Recreation Department. Housing and Redevelopment Authority March 17, 1994 Page #19 Housing Specialist Dale explained the previous allocation of $10,000 includes $5,000 for a hard surface material for the east beach park to make it handicap accessible to the water and $5,000 for a one-on-one assistance program to assist handicapped persons for park programs. The additional $50,000 requested by the Park and Recreation Department would be used for hard surface areas for playground at other parks. Chairman Crain asked if the $50,000 would be used from carryover funds. Housing Specialist Dale replied this is a new activity under the 1994 CDBG allocation and would require transferring $30,000 from the Rehabilitation Grant/Loan Program and $20,000 from the First Time Homebuyer Program to this new activity. Commissioner McFarland asked what the City's definition is for First Time Homebuyer. Housing Specialist Dale responded someone that has not owned a home for at least three years. He commented that most of our program participants have never owned a home before, with most of the people in the 20-40 age range. Chairman Crain asked if the First Time Homebuyer draw down on the workout schedule was realistic. Housing Specialist Dale replied the anticipated March and April expenses have not been drawn down yet, and felt this schedule was realistic. He explained the second round for 1994 will be advertised shortly. If there is financial assistance still available, another round will be offered this summer. Chairman Crain wondered if it is too early to promote this round for the program. Commissioner Warhol stated this is the prime market time and it should be promoted now. Commissioner McFarland questioned if residents know there is a Rehabilitation Grant/Loan Program available. Housing Specialist Dale responded the programs are advertised, but staff anticipates advertising on a more ongoing basis. He suggested the $10,000 maximum grant for the Rehabilitation Grant/Loan Program could be increased to $15,000, and the First Time Homebuyer Program financial assistance increased from $15,000 to $20,000. Director Hurlburt asked by raising the financial assistance from $15,000 to $20,000, would it help to qualify more applicants. Commissioner Warhol informed Commissioners the interest rates are going up and by raising the financial assistance to $20,000, it could offset this increase. Housing and Redevelopment Authority March 17, 1994 Page #20 Mayor Tierney suggested additional funds could be used to help applicants with the expenses they will incur with homeownership. Commissioner Rugh asked where applicants are found for these programs. Housing Specialist Dale responded that letters are sent to Plymouth employers, realtors and lenders. Most applicants live or work in Plymouth. The average family size is three with an annual income of $22,000. They usually purchase a house or condo at an average purchase price of 73,000. The average financial assistance is $10,000. Commissioner McFarland wanted to know how the applicant can use the financial assistance. Housing Specialist Dale replied the financial assistance could be used for up to 50% of downpayment, reduce the mortgage principal amount, and/or closing costs. Chairman Crain commented that with seniors moving into Plymouth Towne Square, there should be a spurt of affordable homes on the market, and we should be ready to capitalize on that for the First Time Homebuyer Program. Director Hurlburt stated the Housing and Redevelopment Authority may be faced with reallocation of Community Development Block Grant funds several times during the year, depending upon the monitoring of the workout plan. Director Blank stated the Park and Recreation Department is requesting an additional $50,000 to update parks due to the Americans with Disabilities Act (ADA) requirements. He explained that 32 out of 33 City parks are in noncompliance with ADA requirements. The $50,000 requested will allow Plymouth Creek Park to be updated to meet all ADA requirements. This project is anticipated to begin June 1 and the funds should be drawn down by October 1, 1994. Should the HRA need to expend additional funds, the Park and Recreation has a need for additional financial assistance to meet other ADA requirements. Director Hurlburt asked how long the new deck surfacing lasts. Director Blank replied the surfacing that will be used carries a 10 year warranty. Mayor Tierney wanted to know if all City parks have to be handicapped accessible. Director Blank responded ADA requirements state you have to provide a "like" experience for all residents. There will be components in each park to provide that experience. Commissioner Rugh commented it is important to have universal access. Commissioner Warhol noted draft Resolution 94-04 did not include the Park and Recreation request for $50,000. Housing and Redevelopment Authority March 17, 1994 Page #21 Housing Specialist Dale responded Resolution 94-4 will be corrected to include the request by the Park and Recreation Department. MOTION by Commissioner Warhol, seconded by Commissioner Rugh to recommend reallocation of Fiscal Year 1994 Community Development Block Grant Funds as per draft Resolution 94-04. Roll Call Vote. 4 Ayes. MOTION carried unanimously. MOTION by Commissioner Warhol, seconded by Commissioner McFarland to increase the First Time Homebuyer Program financial assistance from $15,000 to $20,000 and further this added assistance would be available to include all current applicants based on income. Roll Call Vote. 4 Ayes. MOTION carried unanimously. 1994 BUDGET AMENDMENTS Director Hurlburt gave an overview of the March 14, 1994 memo on the proposed amendments to the 1994 Budget for Fund 234. She explained there are three separate budgets for housing which include Section 8 - Fund 233, CDBG - Fund 232, and Senior Housing - Fund 234. There is sufficient funding available from the senior housing tax levy to support a much needed position in the housing department. This person would be a supervisor who reports to the Community Development Director. She stated funds are available for 1994, it looks tight for 1995, but there could be other funding sources available. Chairman Crain asked if the current workload would be alleviated once the Senior Housing project is completed. Director Hurlburt replied the senior housing project will not be as time consuming, but there will still be ongoing monitoring with this project. The management services agreement with Walker Management will expire at the end of 1995, at which time the housing authority may wish to take over the project. She went on to explain the Section 8 program will be going through numerous changes which will put more burden on staff. With another professional position, it will allow staff to do more planning activities. Chairman Crain understood the pressure is to expend the CDBG funds, but this request seems more City related. Director Hurlburt stated staff will be drawing down on the maximum allocation for administration of CDBG funds. Chairman Crain commented the number of personnel has always been a major issue and he wondered whether this new position would create any problems or issues for the City Council. Housing and Redevelopment Authority March 17, 1994 Page #22 City Manager Johnson responded the personnel issue was discussed at the last council meeting after Councilmembers received a copy of the letter send by HUD on more timely expenditure of CDBG funds. He stated with the new position, staff could be more proactive and generate new ideas for spending CDBG funds. Chairman Crain stated with the current pressure put on suburban cities to provide more affordable housing, this position could be worthwhile. Commissioner McFarland asked if this item needs to be approved by the City Council. City Manager Johnson confirmed the position would need to be approved by the City Council. Mayor Tierney asked what the cost would be for this new position. Director Hurlburt replied this position would be in the same range as the building official and the planning supervisor at approximately $50,000 per year. Mayor Tierney asked if Community Development Block Grant funds could be used to help fund this position. Director Hurlburt responded that Community Development Block Grant funds are not possible for use in 1994, but may be an alternative for 1995. MOTION by Chairman Crain, seconded by Commissioner Warhol to recommend the addition of a supervisor for the housing division. Director Hurlburt commented there would be a need for an intern through the summer, as a supervisor would not be on staff until at least July 1. Roll Call Vote. 4 Ayes. MOTION carried unanimously. MEETING SCHEDULE Commissioner Rugh stated Monday and Tuesdays are not convenient for him as he is in Chicago on those days. It was the consensus of the board that regular HRA meetings will be held on the third Thursdays of the month beginning with the next meeting on April 21. Housing Specialist Dale reminded Commissioners of the Fair Housing Workshop to be held on Tuesday, March 22 at 11:00 a.m. in the City Council Chambers. MEETING ADJOURNED AT 9:25 P.M. DATE: April 22, 1994 TO: Dwight D. Johnson, City Manager FROM: Bob Pembertn, Risk Management Coordinator through Dale Hahn, Finance Director SUBJECT: INSURANCE CLAIMS REPORT SUMMARY: In accordance with City Council direction, I am attaching a copy of the insurance claims status report. This report includes claim activity through March 31, 1994 and is summarized under various status categories. g: \finance\riskmgmt\memos\claims CITY OF PLYMOUTH CLAIMS STATUS REPORT APRIL 22, 1994 CLAIMS STILL PENDING FROM LAST REPORT DATE DATE TYPE NATURE CURRENT STATUS OF REPORTED OF LOSS OF LOSS CLAIMANT OF CLAIM CLAIM 04-13-87 10-07-86 Liability James & Paula Alleges false arrest Case was tried on 12 -03 - Peterson imprisonment 93. Plaintiff's awarded $6,500. Plaintiff has appealed the verdict to the U.S. Circuit Court of Appeal. 05-29-91 05-29-91 Liability William J. Auger Sewage lift station In suit. Insurance James Severud #12 lost power due company defending this to storm. This subrogation action. caused basements to District court granted flood. defense motion for summary judgment. The plaintiff appealed case to Court of Appeal who has remanded case back to trial court. Awaiting trial date. 06-16-92 06-15-92 Liability Gregorie Picha He was playing in Referred claim to (Age 7) storm drain when a insurance company for piece of rip rap investigation. They paid pulled loose and hit $1,000 med. pay and him in the head denied claim. It is now in causing an 80 suture suit and insurance cut. company is defending. Pretrial conference scheduled for 04-26-94. 03-16-93 03-01-93 Liability Ed Swadden Water from broken We agreed to wait until water main washed yard dries out before out landscaping and damage is repaired. rutted yard. 04-02-93 03-04-93 Liability Britt Carlson Slipped on icy path Referred to insurance (Age 13) at Plymouth company for Playfield during investigation. Claim school supervised denied. It is now in suit activity and fractured and Insurance Company right leg. is defending. G:\finance\riskmgmtclaimsrpt\decclaim.doc PAGE 1 DATE DATE TYPE OF REPORTED OF LOSS CLAIM CLAIMANT 10-03-93 07-12-92 Liability Lorraine Williams 07-18-88 06-17-88 Automobile Bruce Plowman NATURE OF CURRENT STATUS OF ` CLAIM CLAIM Plaintiff alleges Suit was filed in Federal assault and violation District Court. Insurance of civil right as the company is defending. result of a police Costs to date $27,000. traffic stop. The case is without merit but plaintiff is hinting at a nuisance value settlement. Claimant started up PD claim settled for and suddenly stopped $480.17. Suit has been at controlled filed for bodily injury intersection. Rear- claim and Insurance ended by Plymouth company is defending. Police car. Trial has been re- scheduled for 08-25-94. G:\finance\riskmgmtclaimsrpt\decclaim.doc PAGE 2 CLAIMS CLOSED SINCE LAST REPORT DATE DATE TYPE OF REPORTED OF LOSS LOSS 08-30-93 04-01-93 Liability CLAIMANT Cary DeRosier NATURE OF CLAIM Alleges false arrest by Maple Grove Police as result of Hennepin County arrest warrant based on Plymouth Police Complaint of domestic assault. CURRENT STATUS OF CLAIM Referred attorney to Hennepin County Courts since they issue arrest warrants. File closed. G:\finance\riskmgmtclaimsrpt\decclaim.doe PAGE 3 NEW CLAIMS SINCE LAST REPORT DATE DATE TYPE OF NATURE OF CURRENT STATUS OF REPORTED OF LOSS LOSS CLAIMANT CLAIM CLAIM 01-12-94 01-12-94 Liability Ann Lewis Claimed snowplow No evidence of any broke door off snowplow contact. Claim G:\finance\riskmgmtclaimsrpt\decclaim.doc PAGE 4 plastic mailbox door. denied. File closed. 01-31-94 01-27-94 Liability John Palmer Claimed snowplow No evidence of any damaged mailbox snowplow contact. Claim support post. denied. File closed. 01-31-94 01-27-94 Liability Daniel Burton Claimed snowplow No evidence of any damaged mailbox. snowplow contact. Claim denied. File closed. 01-31-94 01-27-94 Liability Holly Phares Claimed snowplow No evidence of snowplow damaged mailbox. damage. Claim denied. File closed. 02-01-94 01-01-94 Liability Charles Utrias Claimed snowplow Advised that damage damaged mailbox. wasn't snowplow related and occurred before 03- 16-93 which was prior to date he purchased home. File closed 02-01-94 02-01-94 Liability Evelyn Larson Claimed snowplow Street Department made damaged mailbox. temporary repairs before claim was turned over to contract plower. File closed. 02-02-94 02-02-94 Liability T. W. Johnson Claimed snowplow No evidence of any damaged mailbox. snowplow contact. Claim Denied. File closed. 02-02-94 02-02-94 Liability Charles Ketola Complained that Advised homeowner that snowplow piled the shrubs were planted in snow on his shrubs. City owned right of way and we would be unable to assist him. File closed. 02-02-94 02-02-94 Liability Duane Burton Claimed snowplow No evidence of any damaged mailbox. contact with snowplow. Claim denied. File closed. G:\finance\riskmgmtclaimsrpt\decclaim.doc PAGE 4 DATE DATE TYPE OF NATURE OF CURRENT STATUS OF REPORTED OF LOSS LOSS CLAIMANT CLAIM CLAIM 02-08-94 02-08-94 Liability Michael Anderson Complained that Advised homeowner that snowplow piled the shrubs were planted in snow on his shrubs. City owned right of way and we would be unable to assist him. File closed. 02-23-94 02-22-94 Liability BPC Season Sewer lift station Referred claim to Partnership motor failed. insurance company for Discharge water investigation. Claim from claimant's denied. illegal sump pump flooded furnace room because sewer line was full. 02-25-94 02-25-94 Liability James Stille Claimed snowplow No evidence of any damaged mailbox snowplow contact. Claim support. denied. File closed. 03-04-94 09-14-93 Liability Eugene Stauder Attorney states that Referred claim to City is responsible insurance company for for a malfuncting investigation. Hennepin traffic semaphore on County Technician was County Road 9 working on the which reportedly was semaphore at the time of the cause of a the accident. personal injury auto accident. 03-04-94 03-04-94 Liability Beth Dougherty Snow plow damaged Referred matter to Street sod next to curb. Department for repairs. File closed. 03-07-94 03-07-94 Liability Loren Burket Claimed snow plow No evidence of any snow damaged mailbox. plow contact. Claim denied. File closed. 02-14-94 02-14-94 Liability Richard Bertrand Snowplow damaged No evidence of any block retaining wall negligence on part of built at road edge. plow operator. Claim denied. File closed. G:\finance\riskmgmtclaimsrpt\decclaim.doc PAGE 5 DATE DATE TYPE OF REPORTED OF LOSS LOSS 03-12-94 01-01-94 Liability 03-12-94 01-01-94 Liability 03-17-94 01-01-94 Liability 03-23-94 01-01-94 Liability 03-23-94 03-22-94 Liability CLAIMANT Cheryl Chanen Herb Miller Diane Nagengast and others Jim Post Laverne Johnson 03-31-94 01-01-94 Liability Eunice Lee 01-07-94 01-07-94 Automobile Hanus Bus Company NATURE OF CURRENT STATUS OF CLAIM CLAIM Claimed weight of Advised homeowner that snow pushed off backfill around waterline street caused yard to had settled and this settle. wasn't related to snow plowing activities. File closed. Snow plow damaged Denied sprinkler head sod and lawn claim. Referred sod sprinkler head at damage to Street curb line. Department for repair. File closed. Contract snow The contract snow plower plower backed into is making arrangements old and dilapidated for repair. File closed. mailbox box support. Snowplow damaged The homeowner will shrubs located on his replace the shrubs and property. request reimbursement. Street sweeper drove No evidence of any over curb edge and damage. Advised knocked down a homeowner of opinion. metal curb marker File closed. and left marks on the grass. Snowplow damaged Advised homeowner that shrubs. shrubs were planted in City owned right-of-way and we would be unable to assist her. File closed. Icy road conditions. Referred claim to Fire inspector slid insurance company for through stop sign investigation. and struck empty school bus. G:\finance\riskmgmtclaimsrpt\decclaim.doc PAGE 6 DATE: April 25, 1994 TO: Mayor and City Council FROM: Kathy Lueckert, Assistant City Manager ". SUBJECT: March Billing from City Attorney Attached is the billing summary from the City Attorney for the month of March. Please call should you have questions. BEST & FLANAGAN Attorneys at Law 4000 First Bank Place 601 Second Avenue South Minneapolis, Minnesota 55402-4331 (612)339-7121 Client 9300 City of Plymouth April 18, 1994 3400 Plymouth Blvd. Invoice No. 203176 - 203190 Plymouth, MN 55447 MATTER SUMMARY Matter Services Disb. Total Billed YTD 920188 - 920593 Retainer Agmt. $7,500.00 319.40 $7,819.40 $23,381.54 920180 Prosecution Office Time 6,762.00 1,047.78 7,809.78 28,444.70 920181 Prosecution Court Time 5,189.44 181.35 5,370.79 18,810.88 920182 Prosecution Complaint 1,809.75 .00 1,809.75 5,946.25 920189 Housing & Redevelopment 228.00 47.90 275.90 827.30 920200 Codification .00 .00 .00 1,623.55 930266 Ryan Contracting .00 .00 .00 85.00 920276 Labor/Employment 308.75 5.00 313.75 2,200.66 921072 v. Cavanaugh 1,629.25 17.60 1,646.85 5,639.65 921091 Larry Begin .00 .00 .00 1,204.40 921158 Marcus Real Estate 14.25 .00 14.25 38.00 921332 Public Works --Deep Well 11 .00 .00 .00 433.50 930266 Ryan Contracting 458.75 2.40 461.15 461.15 930677 Freeman Project 102 10,038.75 215.47 10,254.22 11,169.57 930792 Buchle v. City .00 .00 .00 194.10 931112 Naegele Outdoor Advertis. .00 .00 .00 37.50 931464 Housing Alliance.00 .00 .00 431.65 931599 Project 330 (Westn #3_d. 802.75 39.90 842.65 1,289.15 940062 Gary Berthiaume 213.75 .00 213.75 588.75 940280 Vehicle Forfeitures 901.00 219.10 1,120.10 1,842.60 940375 Joint Powers Land Acq. 973.75 .00 973.75 973.75 TOTAL $36,830.19 $2,095.90 $38,926.09 PAYMENT DUE UPON RECEIPT $105,623.65 PLEASE PUT CLIENT NUMBER ON CHECK FEDERAL I.D. NUMBER 41-0150277 League of Minnesota Cities Cities Bulletin Number 12 City officials travel to St. Paul; hope to influence tax bill City officials urged legislators not to cut state aid to cities and to restore funding in the local government trust fund when they met in St. Paul on Thursday, April 21, 1994. The state created the trust fund in 1991 dedicating a percentage of the sales tax to local government needs. As sales tax revenues rose, so too was cities' portion to rise. Likewise when sales tax revenues declined, cities would shoulder that burden. "Each year, though, legislators erode the fund by adding more programs, leaving less and less for cities," said League of Minnesota Cities President Chuck Winkelman, mayor, St. Cloud. After supporting and defending the local government trust fund since its inception, the LMC board and other city groups changed course Thursday and backed a Senate proposal to eliminate the trust fund. The Senate replaced the trust fund with an infla- tionary index that will provide city aid increases. The House omnibus tax bill maintained the trust fund but none of the future revenue growth was appro- priated for city aid increases. City groups testifying before the Tax Conference Committee stated: If Next week in Cities Bulletin... the Legislature and governor refuse to guarantee trust fund revenue growth for city local government aid (LGA) and for homestead and agricultural credit aid (HACA), the trust fund will continue to be meaningless. Therefore the trust fund should be abolished rather than used as an excuse to further cut LGA and HACA. At their rally on Thursday, Winkelman said, "Although cities have supported the trust fund, the Senate growth factor for local govern- ment aid is the only promise for any aid increases in the future." Cities opposed the House portions of the tax bill that further restrict tax increment financing. The House provisions would make development and redevelopment impossible in most cities. Tax increment financing is the last remaining tool cities can use to encourage development in marginal areas. City officials voiced concern about a potential veto of the tax bill this year. Winkelman said, "A veto would mean automatic cuts in the trust fund in December, and no increase in local government aid in 1995. The only options for cities are to increase property taxes or cut services." 0 Tax bills are expected on the House and Senate floors early next week. In the April 29 issue we will analyze the bills and look at how they may affect cities. April 22, 1994 Achievement awards deadline approaches Does your city have some- thing to brag about? Have you instituted a new, innovative, successful program in your community? If so, enter your city in the 1994 City Achievement Awards competition. Entries are due April 29, so send in your entry soon. You may enter materials, plans, or projects your city has produced between January 1, 1993 and April 15, 1994. Judges will select winners for each population group (under and over 10,000 population) in five categories: • Communications • Community Development 0 Public Safety • Cooperation and Consolidation • Management Hurry, enter:now. See :ompleteydetails onpage-9. 0 cute to: ` Contents City officials travel to St. Paul; hope to influence tax bill ........ 1 Achievement awards deadline approaches ................................ 1 Would a minimum wage increase affect your city? ................... 3 Tax conference commitee begins deliberations ......................... 3 Data practices, open meeting bill goes to conference ............... 4 POST Board considering new rules .......................................... 4 League seeks city officials to serve on leadership institute committee............................................................................... 4 Action alert—Most cities will have to change election dates under Senate proposal ................................................... 5 Term limits dead for now .......................................................... 5 GASB to issue statement on debt refundings ............................ 5 Minnesota Cities 1994 Photo Contest ....................................... 6 Cities must comply with federal sludge rules ........................... 6 League of Minnesota Cities Legislative Review Sessions ........ 7 Training/awards......................................................................... 8 1994 City Achievement Awards ................................................ 9 Municipalads.......................................................................... 10 I i The Cities Bulletin is a publication of the League of Minnesota Cities and includes an update of state legislative, administrative, and congressional actions that affect ] cities. It also includes reviews of metropolitan area issues by the Association of Metropoli- tan Municipalities. The Cities Bulletin lists authors of bill summaries and some articles by their initials. t ( League legislative staff members are available to answer your questions concern- 1 ing legislation relating to cities. I Executive Director Editors Typesetting and design h Jim Miller lean Mchle Goad Gayle nnxit Tiro Busse(; Laurie nuddtc d Lrlguc of Minnesota Cities, 3490 Lexington Avenuc North, St. Paul, MN 55126 I'hone: (612) 490-56OO; l.ax: (612) 490-(x)72;'111): (612) 490-0030; 1-ti00025.1122, plus your city calc page 2 1994 top issues The League of Minnesota Cities has eight priority issues for the 1994 legislative session. We will include this list every week with a page number after the issue if we include a story. State Aid to Cities - Preserve 1994 level and seek additional funding for future years for LGA and HACA. / page 1, 3 Local Government Trust Fund - Stabilize the LGTF and resolve the current shortfall. / page I, 3 Open Meeting Law - Clarify require- ments and permit defense of alleged violations. / page 4 Annexation - Preserve 1992 annex- ation amendments, expand cities ability to annex urban or urbanizing areas, and control growth in nonurban areas. Landfill Cleanup - Establish new program separate from Superfund to clean up closed municipal landfills. Public Employment Labor Rela- tions Act - Reform PELRA's interest arbitration provisions to balance the Bargaining power of essential and ionessential public employees. )evelopment/Redevelopment - temove the aid penalties on TIF for nanufacturing and redevelopment listricts; obtain additional funding for lollution clean-up. / page 1 transportation Systems Funding - ncrease funding for roads and transit ,y extending the sales tax to gasoline; r increase the gas tax and establish edicated revenue for transit. Printed on recycled paper L VIC Cities Bulletin Would a minimum Tax conference committee wage increase affect your city? Joel.lumnik A bill to significantly increase the state's minimum wage continues to move toward passage, in spite of, or perhaps because of, indications that the governor might veto the bill. The Senate has modified the bill. S.F.1944 (Kelly, DFL. -St. Paul), from its introduced version. In the �enpte bill, the minimum wage would increase from its current $4.25 per hour level as follows for large and small employers: Large Small July 1, 1994 $4.75 $4.50 July 1, 1995 $5.00 $4.75 July I. 1996 $5.25 $5.491 "Ilu Senate also changed the definition of a large employer to thos-L businesses which have $500.(XX) 4w more in gross annual sales. The House companion, H.F.2243 (Rukavina, DFL -Virginia), still proposes 75 cent increases (for example, from $4.25 to $5.00 for large employers on July 1, 1994, rather than the Senate's proposed $4.75) and keeps the large/small employer distinction at $362,500 in annual sales. Both bills propose annual adjust- ments based on the increase in the consumer price index beginning July 1, 1907. The League has not taken a specific position on the mininuun wage proposals. We are interested in hearing from any of our members if either proposal would have any serious impact on cities. Please contact me if your city has any employees who are paid at or near the minimum wage level. The fiscal note prepared for these bills states that "there are no local mandates associ- ated with this bill." We would like You to tell us if this statement is accurate. 0 April 22, 1994 begins deliberations 'Resolution of differences expected by Friday Gary Carlson The House and Senate tax conferees began negotiations on their tax bill differences on Tuesday. By Wednesday evening, the House had made the first offer of a compromise to the Senate conferees. TJ1e rapid pace of the conference committee is a surprise to many. Although both House and Senate tax bills contain fewer provisions than in the recent past, several of the provi- sions are controversial. In addition, the governor has threatened to veto :ally tax iswreases. Ikcpite veto threads, the tax bill will likely be completed by this weekend ar.d sent to the governor for his signature some- tin►c next week. The critical issue for the governor Neems to revolve around federal income tax fonformity. Although most business groups support the federal conformity provisions, they are demanding offsetting reductions in other state taxes. Both the House and the Senate contend that the expansion of the sales tax exemption on replace- ment capital equipment is an impor- tant tax reduction that will at least partially offset the increased revenue from federal conformity. Unfortu- nately, federal conformity results in higher taxes on Social Security income for seniors and the governor has indicated that these tax increases are unacceptable. Senators have warned that they will offer the governor only one tax bill this legislative session. if he vetoes the bill, there will be no replacement bill. Without a resolution to the local government trust fund shortfall, cities will certainly face reductions in local government aid (LGA) and homestead and agricultural credit aid (HACA) this December. In addition, the total LGA appropriation will be frozen for 1995. 0 Tax Conferees House Senate Chair Ann Rest (DFL -New Hope) Joel lricobs (DI.I.-Coon Rapids) Andy Dawkins (DFL -St. Paul) Chair Doug Johnson (DFL -Cook) Carol Flynn (DFL -Minneapolis) John Hottingcr (DFL -Mankato) Tom Rukavina (DFL -Virginia) Ember Reichgott Junge (DFL-Ncw Hope) Kevin Goodno (IR -Moorhead) William Belanger (IR -Bloomington) Page 3 Data practices, POST Board. considering new rules open meeting bill goes to conference Joel Jamnik During floor debate on the omnibus data practices act bill, H.R2028 (McGuire, DFL -Falcon Heights), the House amended the bill to add H.F.613 (Carruthers, DFL -Brooklyn Center) which Proposes several amendments to the open meeting law. The Senate companion to H.F. 613 (S.F.715, Riveness, DFL -Bloomington) which was supported by the Minnesota Newspaper Asueia- tion, failed to meet the committee deadline. The House bill as amended passed unanimously 132-0, although an earlier amendment to fully extend the data practices act to the state Legislature failed on a vote of 52-80. The open meeting law amendments would increase the penalty from $100 to $300, authorize attorney fees up to $7,500 for any party in an action, and specify that no fees or fines are to be awarded if the govern- ment official demonstrates that the violation was unintentional. '17tc Senate data practices bill also passed this week and the bills now go to a conference committee where we expect the Newspaper Association will try to modify the bill to eliminate the pro -govern- ment provisions, such as defense and indemnification provisions. 0 Joe l Janutik The Peace Officer Standards and Training Board, after completing a4 long and arduous rulemaking process concerning part-time peace officers, has published notice in the April 18 State Register (page 2260) that it will consider new rules governing peace officer standards of conduct and use of force training. The Board may also amend other rules. The POST Board is requesting information and opinions concerning Police officer conduct and use of force training from any interested group or individual. Written comments should be addressed to: George 1'. Wetzel, Jr.. Deputy Director, Minnesota POST Board, 1600 University Avenue, Suite 200, St. Paul, MN 55104. Oral statements may be phoned in to (612) 643-3060, or made in person at the POST offices during regular business hours. The POST Board, which in the past used task forces for receiving input, will this time hold a series of eight preliminary public hearings throughout the state. Information about the dates, times, and locations of the hearings may be obtained by calling the POST' Board al the number lislcd above. We will ills,, fry to publish hearing infiirntalion in an upe'onting ('ilk's when it becomes available. 0 League seeks city officials to serve on leadership. institute committee The League of Minnesota Cities is studying the training needs of elected officials, and how establishing a Leadership Institute could meet those needs. As part of that study, the League is forming an advisory contntittce to help guide research and the eveptu.il formation of a leadership institute. 'The advisory c'onunittee of 17 members will report to the I,MC Board'of Directors. Composition of the advisory committee will reflect a balance by city size and - region. Most of the members will be elected officials with represen- tation of appointed officials limited to the president and vice president of the Minnesota City/County Management Association and the Minnesota Clerks and Finance Officers Association. The advisory committee will hold its first meeting in late May so it can determine what kinds of questions should be addressed with focus groups of elected officials. The Government 'Training Service ((; I:S) will conduct 1,OCUS groups at the League's annual conference in June. If you are interested in serving on the leadership institute advisory committee, contact Sharon Klumpp or Elma'Ann Lyon by May 6, 1994 at the `League of Minnesota Cities, 3490 Lexington Ave. N., St. Paul, MN 55126, (612) 490-5600 or 1- 8d0-925-1122 plus your city code.0 Page 4 LMC Cities Bulletin Action alert Most cities will have to change election dates under Senate proposal Ann Higgins A bill to require nearly 700 cities to move local elections from even to odd -numbered years and seriously weaken home rule authority to provide for election is on the Senate floor. The League urges city officials to call their Senators to oppose S.F2395, (Luther, DFI.-Brooklyn Park). The bill would require all county, city, and school districts to hold local elections only in November of odd - numbered years, on "Local Govern- ment Election Day." Senator Bill Luther introduced the bill on March 14, and the Senate Ethics and Campaign Reform Com- mittee approved it on March 29 --four days after the deadline for action on bills by a committee of origin. The bill is now on Special Orders on the Senate floor and may be considered as early as Monday, April 25. Please let your House and Senate members know that your city opposes state -mandated odd -year elections and restrictions on home rule authority. Point out that 691 cities will be forced to shift from even to odd -numbered election years even though voter turnout in even -numbered year elections is many times larger. Home rule cities Home rule charter cities should ask lawmakers to retain charter authority to hold elections under Minn. Stat. 410.21 (which this bill would repeal). The bill would not allow cities to request special or general legislation allowing them to hold elections at a different time or in a different manner than under law. Issues for cities: • S.F2395 represents a state takeover of local authority to April 22, 1994 decide whether to hold local elections in even or odd numbered years. • The bill would repeal general home rule authority to set elec- tions and would make city charters subject to state election law. • The bill would require cities to administer school board elections. They would be subject to state rules concerning reimbursement for additional costs incurred. • City councils would need to select by lot which city officials elected in 1994 would serve terms that expire the first Monday in January 1998, and which would serve terms expiring the first Monday in January 2000, to provide for a transition to odd -year elections. House action In contrast to action pending in the Senate, the House approved an amended version of S.F.1512 (Osthoff, DFL -St. Paul) which would uphold current authority for cities to conduct elections either in even or odd - numbered years and require school districts to do so as well. Under that proposal, cities and school districts could decide in which year to hold local elections. The Senate refused to concur with the House position. A conference committee has been appointed (Reps. Osthoff, Abrams, and Solberg; Sena- tors Luther, Laidig, and Marty), but has not met because Senator Luther wants to get "a sense of the Senate" on his new proposal which he supports over S.F.1512. The Senate passed S.F.1512 on a vote of 65-0 last May after provisions requiring school districts to conduct elections in November were deleted from the bill.0 Term limits dead for now Senate Minority Leader Dean Johnson (IR -Willmar) announced that he has with- drawn the term limits bill he authored. He made his com- ments on Minnesota Public Radio Thursday, saying he decided not to push any further on term limits this session, but that the issue would come up during the 1994 elections. Senate Majority Leader Roger Moe (DFL -Erskine) said the Senate gave the bill a fair hearing. In the House, a task force on term limits has been unable to reach agreement, and therefore has submitted no recommenda- tions to the full body. 0 GASB to issue statement on debt refundings The Govemmental Accounting Standards Board (GASB) approved a statement that changes the way state and local governments account for current refundings and advance refundings. The statement is effective June 15, 1994 The statement will require that the difference between the reacquisition price and the net carrying amount of the old debt be deferred and amortized as a component of interest expense in a systematic and rational manner over the remaining life of either the old or new debt, whichever is shorter. The deferred amount would be reported as it deduction from or an addition to the new debt liability. For more information call (203) 847-0700. 0 Page 5 Minnesota Cities 1994 Photo Contest Photo award categories • Minnesota city architecture (buildings, houses, city halls, etc.) • Minnesota city octivities—events, celebrations, etc. • Minnesota cityscapes/nature in the cities • Minnesota cities—the people • Minnesota cities—the four seasons Rules • Size: 5 x 7 photo • Type Black and white or color prints (no slides) • Numlx:r You can enler one photo in eac h �Jofy Awards • Cash prizes for each category • Grand prize award • Display of photos at the 1994 LMC Annual Conference • Publication of your winning photo in the Minnesota Cities magazine. qhz League of Minnesota Cities is sponsoring a photo contest, so we can share with everyone the wonder, beauty, and intrigue of Minnesota's cities throughout the state. Information we need Please fill out the form below and include the following for each photo: • Your name • Your address (including the city where you live) • City where you took the photo • Caption • The category your photo fits into • Your age (ONLY IF YOU ARE UNDER 18) Send entries to • lenque of Minnesota Cities 3,190 lexinglon Avenue North St Paul, MN S.'r 126 8044 For more information • Laurie Audelle (612) 490-5600 Deadline for entries • May 2, 1994 F Entry form for league of Minnesota 1994 photo contest j I Name Address City/State/Zip Minnesota city where you took the photo Signature I agree to let the League publish my photo/s in league publications with I proper credit I If you are under 18, please give us your age. years. Mail this form along with your photo to League of Minnesota Cities 3490 Lexington Avenue North St. Paul, MN 55126-8044 L------------------------� Photo entries become the property of the League of Minnesota Cities and will not be returned. Cities must comply with federal sludge rules Jorja DuFresne Minnesota Pollution Control Agency Over the last two years, many city councils have been approached by their wastewater facility superinten- dent warning them of the potential impacts of the federal sewage sludge rules, 40 CFR 503, affectionately known as the 503s. What are the 503s? 'Ihese are the federal, Icchnical. sewage sludge rules which have hcen about 15 years in the making. 'llicy were final on February 19, 1993 and cover operational standards, manage- ment practices, monitoring, record keeping, and reporting requirements. They are associated with another set of regulations which were final in 1989 but did not kick in until the 503s were final. These are the 501 s which cover permitting, delegation of the federal sludge program to the states, and compliance dates for some of these activities. Important notes about this rule • The rule is self implementing. 'Ihis means that you (to not need a permit to he held responsible for compliance. I -*or instance, a citizen or environmental group could bring a lawsuit against anyone not in compliance. • The effective date was March 22, 1993. Compliance with require - Page 6 LMC Cities Bulletin ments for monitoring, record keeping, and reporting was July 2o, 1993. Compliance with the standards is one year from publicaliun of the rules and two years if new pollution control facilities have to be constructed to comply with the rules. This means that everyone should be in compliance by February 19, 1995. • At this time, the U.S. Environ- mental Protection Agency (EPA) is the permitting and enforce- ment authority because the State of Minnesota does not have delegation of the program. Since Minnesota also has a sludge program, cities have two programs to follow. The Minnesota Pollu- tion Control Agency (MPCA) is seeking delegation and is pres- ently revising state rules. 'Me federal rules are minimum rules and the states can be more strict. 'llic next time your state National Pollutant Discharge Elimination System pennit conies up for reissuance, EPA Region 5 will be asking you to submit a federal pennit application to them for sludge. What is the major impact of the rule? The most significant impact of the rule in Minnesota is meeting the operational standards for pathogen reduction and vector attraction reduclion. Certification statements that you meet these regUirements must he sighed each year by you or your uper:dur. 'Ibe rule also conlains "ceiling concentrations" for metals. If sludge is above these concentrations it cannot be land applied. Please consult with your wastewa- ter treatment facility operator and consulting engineers to see if you are in compliance with these regulations.0 April 22, 1994 League of Minnesota Cities Legislative Review Sessions Four Legislative Review Sessions are scheduled for the week of May 23 in Bemidji, St. Cloud, Mankato, and Burnsville. Briefing on which legislation passed, which didn't and some of the whys, will begin at 9:00 a.m., resume after lunch and conclude at 3:00 p.m. New enactments will effect many city decisions this year. City budgets, the ability of cities to strengthen their local economies, and the ability of cities to improve service delivery are all effected by these new laws. All city officials who have been or want to be involved in the policy adoption and implementation process of the League will be especially interested in this program. The new policy committees will focus on what the Legislature should do in the future to help cities, not on what they did or didn't do this session. Meeting locations: May 23 Bemidji Holiday Inn Highway 2 West May 24 St. Cloud Kelly Inn (formerly Sunwood Inn) Highway 23 & 4th Avenue South May 25 Mankato Best Western Garden Inn Highway 169 & Webster May 26 Burnsville Holiday Inn 135E & 135W Exit County Road 42 off 135E The program will begin at 9:00 a.m. and conclude at 3:00 p.m. ----------------------- League ---------------------- League of Minnesota Cities Legislative Review Session I wish to register for the following session: Bemidji St. Cloud Mankato Burnsville Name Title Address City — Phone ( Registration fee includes materials and lunch Advance - $25 On-site - $30 Mail registrations to LMC Review Registration, 3490 Lexington Avenue North, St, Paul, MN 55126 Page 7 Training/awards Twining Loss Control Workshops League of Minnesota Cities Insurance Trust April 27—St. Louis Park May 4—Marshall May 5—Austin Lynda Woulfe or Ellen Longfellow: (612) 490-56(X) The Evolving Workplace: Exploring Changes in Workplace Culture Twin City Area Labor Management Council May 4—Minneapolis (612) 624-5218 Environmental Programs International City/County Manage- ment Association May 4—Atlanta, GA June 14 --Chicago, IL July 21 and 22 -Kansas City, KS September 8—San Francisco, CA Barbara Schwartz: (202) 962-3539 Minnesota Safety & health Conference Minnesota Safety Council May 4-6—Minneapolis (612) 291-9150 or 1-800-444-9150 1994 Minnesota Conference on Volunteerism—Inspire Community Involvement: Dreams into Action The Association for Volunteer Administration, The Upper Midwest Association of Volunteer Centers, The Minnesota Association of Volunteer Directors, The Minnesota Office on Volunteer Services, The Minnesota Department of Human Services May 5-6—Minneapolis Metro: (612) 296-4371 Non -metro: I -8(X)-234-6687 Microcomputer and Information Technology Conference Minnesota Society of CPAs May 5—Minneapolis (612) 831-2707 Page 8 Springsted training scholarship available to local officials The League of Minnesota Cities encourages local officials to apply for the Springstcd training scholarship which provides funds to local government officials to cover the cost ol'training that will help them in their positions. For more information call Sharon Klumpp at (612) 490-5600.0 Play it Safe: Creating a Safe Playground Environment Minnesota Safety Council May 6—Minneapolis Convention Center (612) 291-9150 North-West Metro Safe Kids Safety Fair Minnesota Safety Council May 7 --North Memorial Medical Center (612)520-5683 Effective Negotiation Seminar Minnesota Office of Dispute Resolution May 10-11 September 13-14 November 16-17 Roger Williams: (612) 296-2633 TDD Metro: (612) 297-5353 TDD Non -metro: 1-800-627-3529 Preventive Maintenance Workshop Professional Development and Conference Services, U of M May 1("rand Rapids May I I —Alexandria May 12 --Marshall (612)625-6689 Safe Kids: Alive in 2005 The First Minnesola Childhood Injury Summit Minnesota Safety Council May 12—Eden Prairie City Center (612)291-9150 Fifth Annual Transportation Research Conference Center for Transportation Studies May 12-13—Minneapolis Lori Grave: (612) 625-9023 League of Minnesota Cities Legislative Wrap-up Sessions League of Minnesota Cities May 23—Bcmidji May 24 --SI. Cloud May 25—Mankato May 26—Burnsville (612) 490-560) League of Minnesota Cities Annual Conference League of Minnesota Cities June 7-10—St. Paul (612) 490-5600 Awards City Achievement Award League of Minnesota Cities Deadline: April 29, 1994 (612) 490-56(X) A National Competition: Culture Builds Community Best Practice Competition International City/County Management Association Deadline: May 27, 1994 Beth Miller: (202) 962-3652 14th City Hall Public Information Awards Competition City Hall Digest Deadline: June 30, 1994 (704) 369-8528 FAX: (704) 369-8678 1994 Innovation Awards Competi- tion—Economic Adjustment: Local Governments Coping with the boss of a Major Employer National League of Cities Deadline: August 5. 1994 (202) 626 31 ti FAX: ( 202) 020 30.1 LMC Cities Bulletin Municipal ads Municipal ads are printed at no charge to member cities. Ads run In one issue only unless notice is received to run a second time. The Cities Bulletin Is 612-550-5009). Submit application to legislative session and once a month duringthe Interim the time between sessions. Janette Sobania, Cit Y published weekly during the y of Plymouth, 3400 ads will appear in the next available Cities Bulletin. Plymouth Blvd,, Plymouth Cities have the right to reject any or all bids on equipment lent or Municipal ymouth, MN 55447. informalities therein. Complete applications must be received by � p proposals, and to waive any 4:30 p.m., May 31, 1994. Minnesota cities are equal opportunity employers. MUNICIPAL ELECTRIC SY Positions CLERKITREASURER. Eyota is seeking a Clerk/Treasurer who will report (o the city administrator and supervise (lie stalf assistant. Minimum requirements include a high school diploma or equivalent with two to five years experience in local government, have significant accounting/ bookkeeping knowledge, knowledge of billing practices and payroll procedures and election procedures. The person hired Should demonstrate proficiency with computers, Word Perfect, and computerized accounting software. Preferred knowledge and skills include two year associate of arts degree or equivalent, completion of State of Minnesota Clerks Institute, licensed notary, knowledge of local government operations, and public service experience. Person must have attention to detail, dependability, strong interpersonal community skills, and the ability to learn quickly and work independently_ Send resume to city of Eyota, Clerk/Trcasurer Search, PO Box 328• Eyota, MN 55934, received no later than 4:30 p.m., May 3 1994. Fax (507) 545-2235. DEVELOPMENT DIRECTOR. Robbinsdale seeks experienced professional to head new private -public partnership whose purpose is the economic enhance- ment of downtown and to assist with other d development projects. The partnership is a result of the economic enhancement strate g s strategy. Robbinsdale is afirst-rim e community of Minneapolis. Minimum P.1] qualifications: five years direct hands-on a experience in the economic enhancement of wi older business districts --including business ex retention, recruitment, creation, and real su estate development; experience with a non- or potii, public-private partnership. Skilled kn negotiator with the ability to develop a rapport with the hi simess community, real op rstalr community. public sccdrr, and ruiftmrrrtit > y savvy. acli Graduate dgree is desirable in e•comuir hl development, urhan plannin abl6 g ur public/ eli'c business administration. Salary cormncnsu_ req rate with experience and qualifications. y Ci t Apply $52,700 excellent housing, and enior ducation d wired MANAGER. South Sioux Cit , STEM 10,000. Starting sala y population $ by May 16, 1994 to City of Robbinsdale, 4221 Lake month. Under direct su rvisi n f publi/ works Road, Robbinsdale, MN 55422. For job descrip- coordinator, the selectted and dattetc will direct the repair, maintenance, (ion and application call (612) 537-4534. ENGINEER. and new construction of distribution lines, suhsta- tions, International Falls, a Northern Minnesota city of 8,500 popula- transformers, service limes; Perform system design and ma ern, tion is seekin a g pplications for city engineer. Requirements include _ tion coordination; administer a aff of six employees, $5 MM B.S. degree in civil engineerin , or alent, and State of Minnesota budget, de equipment/fleet vehicles. t ortment's Nebraska Profess onal Engineer registration. Five years experi- CDL. Prefer college eg ete, with demonstrated management skills in public/ ence desired in municipal engineering and/ private electrical system. A 1' s or municipal accepted pp iay public works, with increas- ingly res ponsible supervisory and adminis- until 5:00 0, 19 4. Send resumes with o l tter trative duties. Formal training in public administration er to: effrey Harcum, orks ty f South and personnel management desirable. Salary will be commensurate SiouxbC t , 615 1 stoAvenue, otuth Sioux City, Nebraska with education and experience. The city has residency requirements. 68776. OPERATOR -WASTEWATER TREATMENT Send letter of application, resume, official transcript and PL,ANZ seeking a responsible per ondto verification of work experience to city clerk, PO Box 392, perform highly skilled and lead maintenance International Falls, MN 56649• (218) 283-9484. Applications will be operations work involving the wastewater treatment plant. Position requirements accepted until June 3, 1994. LIRA SUPERVISOR. Plymouth, a rapidly include: Must possess a valid Minnesota Class "A.. (Class ton Industrial Plant) growing suburb of Minneapolis (population 55,000), is s commercial driver's license with a tanker endorsement "B" seeking an HRA supervisor. Salary Range $41,400 - card. Must possess a Class "C" wastewater treatment depending on qualifications plus operator's certificate. Must have at least three benefit package. Coordinates redevelopment, and economic years experience as an assistant operator in a Class "C" wastewater evelopment plans and programs of the city HRA including and collection facility. Vocational or technical training in CDBG, Section 8, and housing projects. Experience and/or wastewater collection an treatment systems can substitute for one equivalent to Master's degree in blic administration, year of the required experience. Salary range is $12,84- $14.99 hour planning, housing, o: related field. A minimum of four Per plus full city benefits. Completed City of Red Wing applications years th progressively responsible planning must be received or postmarked by 3:30 perience, including at least two years as z: pervisor preferably p.m. on Tuesday, May 10, 1994. Resumes are encouraged in a housin aut municipal government. Demonstra edtiY but not re uired. A can be obtained at the Utilities Department owledge of policies, regulating programs, legal framework for housing, office at 229 Tyler Road North, Red Wing, MN' or by callin (612) redevel- lent. and economic devclupmcnl vilies. 1: onda 96, between 7:00 a.m. and 3:z0 p,rn. Monday through Must possess excellcnl ural and Friday. left communications skills. Must he P11BLI(' WORKS DIRE("IC)R/C'I'!'Y (o develop and maintain positive, ENGINEFR. Shoreview (fx�pulalion r(ivc working 6 relationships. Fore 25. 9(X)). Direct all municipal engineering application form, please contact ac(ivities, construction projects, street of Plymouth ut'1: (6 12) 550-5017 (TDD: r ity maintenance programs, recycling, Page 10 trail maintenance, and forestry through four LMC Cities Bulletin ai Municipal ads continued management staff and 23 additional department employees. Manage capital improvement and equipment replacement programs. $8 million annual budget. Requires BS in civil engineering, registered professional engineer under Minnesota state law (or ability to obtain within six months), five years progressively responsible engineering experience, with at least three years in municipal engineering in supervi- sory role. Individuals with a strong management background will he given preference. Shoreview has a council/ manager form of govenmicnl. Starting salary range: $45,(X1)-$62,(XX), DOQ. Excellent bcnefi(s. Call (612) 490-4615 for position profile. Submit application and resume by May 23, 1994 to: Personnel Coordinator, City of Shoreview, 4600 N. Victoria St., Shoreview, MN 55126. For sale DUMP TRUCK. Hams is accepting sealed bids for the sale of a 1980 IHC single axle dump truck. 3208 cat engine, five speed trans., two speed axle, complete with one way plow, side wing, and sander. To view call (612) 674-4596. Sealed bids marked "Bid" will be accepted at the City Hall, 43990 Ginger Ave., PO Box 111, larris, MN 55032 until 4/29/94, 3:30 p.m.. Bids will hL opened on 5/2/94 at 7:15 p.m. FIRI?'IRt ICK. Garvin has for sale a 1956 Turd I Arvenre built lire (nick. "Ibis track is in excellcnl shape with only 33(X) mile -%on it. Then; is a 250 gpm pump and 500 gallon tank on the truck, loth are weak. Scaled bids only. Bids will be opened at the lune 2nd 1994 meeting. At this time you have the right to raise your bid. Minimum bid of $1500, a certified check for amount of bid must accompany bid. All checks will be returned to bidders not receiving the truck. For more information call: Fire Chief Joe Stefanick, (507) 746-4420 after 6:00 p.m FIRE TRUCK. 1970 Chevrolet 427 w/4&2 Trans. John Bean Pump w/volume & high pressure 500 gallon tank, 2 section hard suction 30 ft extension ladder, roof ladder, low level strainer, soft suction hose and barrel strainer. Can be seen at Sacred Ileart Fire Dept. Sacred Heart, MN or call (612) 765-2559 for appointment. Send bids to Sacred Heart fire Department, PO Box 127, Sacred Heart, MN 56285. Bids will be received until June 15th. FIRE TRUCK. 1967 Ford 534cu in w/ 5 speed trans. Barten American 1000 gallon single stage pump, 500 gallon tank, 3 section 6 inch hard suction, 30 ft extension ladder, roof ladder, low level strainer, soft suction hose, and barrel strainer. Can be seen at Sacred Heart Fire Dept. Sacred Heart, MN or call (612) 765-2559 for appointment. Send bids to Sacred Heart Fire Dept. PO Box 127, Sacred Heart, MN 56285 will be received until June 15th. SEWERRODDER. Stephen has a flexible sewerrodder four-wheel tow mounting equipped with Wisconsin air- cooled engine, approximately 5(X) feet of' rod and miscellaneous cullers plus footage indicator. Good condition. Price: $1,800. Call (218) 478-3803 or 478-3614 or write to City of Stephen, PO Box 630, Stephen, MN 56757. STREET SWEEPER. Clara City has for sale a 1971 Model #973 Wayne Street Sweeper. This sweeper is a three -wheel with a 318 gas engine. Sealed bids must be received by 4:00 p.m., April 27, 1994 at city hall, PO Box 560, Clara City, MN 56222. For more information contact Roger Knapper at (612) 847-3413. THE TOWER MARINA. Tower, Minnesota is now accepting sealed bids on the Tower Marina. Bids shall be accepted until May 11, 1994, 40) p.m. Minimum bid is $245.000. Sealed bids should be sent or delivered to: City of'lirwcr. City Hall. PO Box 576, Tower, MN 55790. For more information call: Tim Kotzian, Clerk/ Treasurer (218) 753-4070. Bid package containing appraisal, land and building descriptions, photos, etc. can be purchased for $50. Tower reserves the right to reject or accept any and/or all bids. WATER TOWER. 75,000 Gallon steel water tower. Needs a bit of work, erected in 1911. Available Spring of 1995. Contact Mayor Ed Mlynar (612) 395-2531 or Clerk Marilyn Pawelk (612) 395-2646. City of Lester Prairie, MN 55354. Wanted WATER TOWER. 250,000 - 300,000 used water tower. From a city that has "out -grown" its present water tower. Needs to be in good shape. Contact Mayor l:rl Mlynar at (612) 395-2531 or Cily Clerk Marilyn Pawclk (612) 395-2646. City of Lester Prairie, MN 55354. We would like to hear from you 1.800-92 5-1122 ur city code Q� Plus Yo :im0Wq The league of Minnesota Cities would like to encourage city officiols to use the 1-800 number. It's part of the continuing LMC commitment to provide better, more efficient services to cities in Minnesota. Calls must be made from a touchtone telephone. If you have misplaced your city code, please call the League office FU more inloimarim correct du; leogue of 1-800.923-I 122 of (612)4945600 metro VO A Metropolitan Council Publication on Twin Cities Area Issues ,.=-'� wil 1994 How can cities and counties get cleaner streets at less cost? They can depart from standard practice to improve quality or reduce cost. For example, they can: Start an active anti -litter campaign.. Use less -costly, faster equipment j' Grease sweepers automatically„.'_ Sweep in late winter and early spring -even January or February... Recycle sand and salt sweepings... Give police brooms and shovels to remove debris from accident scenes...._ These are a sample of 66 "best practices” in street sweeping the Metropolitan Council has collected from 102 cities and counties throughout the region. A Council report on best practices addresses personnel, equipment, maintenance, operations and other work. Findings include: • Sweeping costs vary widely, and higher costs can be cut • Cities provide the service.`. differently. Some do it themselves. Others contract with neighboring cities, a county, a private firm or a mix of these arrangements. • Not all cities monitor their specific sweeping costs. • Sweepings disposal is a cost and environmental concern. • Many cities already use several best practices. • The region could save nearly $1 million a year if the practices were implemented. Roseville implemented two best practices this spring. "We contract two private sweepers to supplement two city -owned sweepers for an early, intensive effort," said City Manager Steve Sarkozy. "We also work on environmentally sensitive areas early," he said. Apple Valley, borrowing an idea from Burnsville and Eagan, speeds up sweeping by using a flush truck in front of the sweeper. The Citizens League has proposed legislation to establish best practice reviews by the Legislative Auditor for other government services. The Council also will undertake a series of best practice analyses of various local government services. For a copy of the Council report, Best Practices: Street Sweeping, revised April 1994, see "FYI new publications," page 3. radio'"syste" bill Gov. Carlson signed into law a bill this month that moves the seven - county area closer to a two-way public safety radio communication system for government agencies. The law reserves new, 800 -megahertz channels provided by the federal government for shared use among state'and local governments by extending a moratorium through June 1995. The.lvtetropolitan Council and its radio planning committee (made up of I ocal government officials and public safety professionals) propose a region -wide system. The committee will prepare'a system design and develop a governance and financing plan this year for consideration by the 1995 legislature. Blueprint forum What they said... Comments from a forum held April 8 to discuss the Regional Blueprint, the Metropolitan Council's proposed plan for shaping the region's future economic growth and development: )on Elam, city administrator, Maple Grove: 'The Blueprint seems to be on the right track, focusing on issues the region's communities can come together on. While there seems little to philosophically oppose now, the devil will be in the details." Blueprint continued on page 2 Metropolitan Council Advocating regional economic, societal and, In charting a future course for the seven -county area, is targeting four areas of action. In collaboration with bp government, these strategies are outlined in the Re r na 6'i 1. Promote economic growth 2. Break the cycle of poverty, crime and la 0, vestrt eri i . disfress d areas 3. Guide physical growth 4. Preserve and enhance the natural environment as the region grows Public information open houses 4 p.m. 6:30 p.m. (Short presentation at 4.30 p.m) Wed., April 20 • Minnetonka Community Center • 14600 Minnetonka Blvd. Minnetonka Mon., April 25 • Sabathani Community Center • 310 Minneapolis E. 38th St., Room F-1 Wed., April 27 • Dakota County Western Service Center Library Conference Room • 14955 Galaxie Av. • Apple Valley Wed., May 4. Oakdale City Hall • 1584 Hadley Av. N. • Oakdale Cablecasts of April 8 Blueprint Forum Regional Channel 6 Metro Cable Network • 8 p.m., April 30, May 7 & 14 V�f4 s ' fir Give your comments... For more info: call Blueprint Information Line, 291-6611 (pre-recorded info on meetings, events, copies of draft plan and how to record your comments about Blueprint). • FAX your comments to 291-6464 (must be received by Mon., June 6, 5 p.m.). • Attend a public hearing Thursday, May 19, 7 p.m. and continued Friday, May 20, 9 a.m. at Metropolitan Council Chambers. Thanks to co -hosts: a.Ri.7tE�a2 _awta .iiia � . Assoc. of Metropolitan Municipalities •Min neapolis'I?lanning Commtsston Ir • Builders Assoc, of Minnesota • MN Assoc of private Post -Secondary Schools • Citizens League 5 • MN Chapter. erican Planning Assoc.. • Council of Metropolitan Area Lea League of5 • MN�� .. , Women Voters g Communhy+�College System's • MN Higher Education Coordinating Board • Council on Asian -Pacific Minnesotans • Dakota County League of Governments • MN Minority Media Coalition • North Metro Mayors Assoc. • Land Stewardship Project_ • St Paul Area Assoc, of Realtorso • Metro East Development Partnership St PaulPlann'61 a.. ; ing Commission • Metropolitan, Community Action Agencies�`: Sensible Land Use Coalition • Metro Council of Chambers of Commerce: Minneapolis Area Assoc. of RealtorsSierra'C m •Southwest Communities Coalition 4 Building minority businesses Boosting minority- owned businesses is a key solution to minority poverty. This is the focus of a new jobs program initiated by Gov. Carlson and enacted by the 1993 Minnesota Legislature, with recent support Gillette from the McKnight Foundation. It's called the Urban Challenge Grant Program. Created in response to the 1992 Los Angeles riots, the program will provide loans to help create or assist minority-owned businesses and others creating jobs for people with low incomes in Minneapolis, St. Paul, and eight inner -ring suburbs. The suburbs, with median household incomes below $31,000, are South St. Paul, West St. Paul, Hopkins, Columbia Heights, Hilltop, Lauderdale, Mendota and St. Anthony. The legislature has earmarked $6 million in loans to be matched by nonstate dollars. Last month the McKnight Foundation committed $2 million. The loans, between $5,000 and $150,000, are to be parceled out by nonprofit groups to be selected this summer. The nonprofit groups also will provide minority businesses access to management and technical assistance. �?-' . WPu ation of the Metropolitan Council April i904" The Metro Voice reports monthly on activities of the Metropolitan Council and issues of regional interest- For more information, call the Data Center at (612) 291.8140, or 291-0904 (TDD).. The Council conducts long-range planning and research for the Twin Cities metro area, coordf,< nates regional planning among local govem- ments and metro agencies, and collaborates with the public and private sectors In solving critical regional problems. Metropolitan CouncR Mears Park Centre, 230 E Fifth SL, St. Pau(, MN 55101. Telephone (612) 291.6359, or 29t-0904 (TDD). Executive Director, Richard Johnson; Director of Communications, Judy Hohmann; Editor, Jim Martin; Graphic Designer, Cliff Bums. An 11 -member Urban Initiative Board will oversee the program and the selected nonprofit groups. The board includes Peter Gillette, commissioner of the Minnesota Depart- ment of Trade and Economic Develop- ment (DTED); Jane Brown, commissioner of Jobs and Training; Dottie Rietow, Metropolitan Council chair; and eight public members -six of whom are minority business people. "If this program can create family - supporting jobs for disadvantaged people, our goals will be fully realized," said Gillette, who serves as board chair. "If we're going to provide an itMetropolitan Council Mears Park Centre 230 East Fifth Street St. Paul, Minnesota 55101-1634 (Address Correction Requested) Minority entrepreneurs m build or eVand their wW businesses to offer livable - wage Jobs for residents with low incomes in Mlmeapolis, SL Paul and eight Inner -ring suburbs. alternative to minimum -wage jobs, let alone keep young people from being lured into other (illegal) money -producing activities, we have to underwrite much higher -paying jobs -which leads to manufacturing and services," he said. "It's in everyone's interest -core cities and suburbs -that we prevent blight, deteriora- tion and economic rotting at the core." Carole Berde, vice president for programs at McKnight, said "Job opportu- nities are a critical part of the long-term solution to needs of low-income people in the inner cities." The program is patterned after a regional initiative network funded by McKnight in outstate Minnesota. FRANK BOYLES ASSISTANT CITY.MANAGER CITY OF PLYMOUTH 3400 PLYMOUTH BLVD PLYMOUTH MN 55447-1448 5034 Jim Martin Bulk Rate U.S. Postage PAID MPIs., MN Permit No. 1610 ® The Voice is printed with vegetablebased ink on recycled paper containing at least 10% postconsumer paper fibers. Local focus -Dakota County is on the information high- way. Thousands of county residents were linked electronically on Metro Cable Net- work Channel 6 in a town meeting on youth and family issues last January. Sponsored by various county community organizations, the conference was broadcast live from Inver Hills Community College to high schools, middle schools and city halls. • Dakota County's Private Industry Council recently established a "one -stop -shop" ap- proach to employment and training services. Sites at the Dakota County Technical College in Rosemount and other county locations offer access to 18 different employment pro- grams. For more information, contact Da- kota County Communications Director Marie Coutu, 438-4532. Blueprint from page 1 Larry Lee, director of community development, Bloomington: "I'm glad to see the emphasis on a regional economic strategy, and supporting infrastructure for business and new technology. "We're finding the scope of competition for business location has expanded to the world. Fifteen years ago, a business location decision might have been between Bloomington and Chaska. Five years ago it was Bloomington or Texas. Today it's Bloomington or Holland, Bloomington or Malaysia. If our highways are crowded or our airport is not convenient, new businesses are out of here. "I noticed the Blueprint occasionally refers to competition among cities as a bad thing, that cities should work together as a whole region. Competition can get out of hand, but one of this metro area's strengths is the large number of cities that have historically competed with one another. I'd hate to see this competition eliminated. It ought to be promoted in a managed way. "A positive example of competition is the Council's recent report on which cities have the best practices in street sweeping. Had there been one level of government, there would have been one set of street sweeping practices, not several to choose from." • Want to speak groundwater? Here's your chance. The Metro Area Ground Water Alliance is a multi -agency, professional asso- ciation formed by metro county groundwater planners and hydrogeologists. The group was formed to provide a forum for discussion of regional ground water issues across agency lines and jurisdictional boundaries. The group meets the third Thursday of each month. Anyone may attend. For more information, contact Eric Mohring, Board of Soil and Water Resources, at 297-7360, or Eric Evenson, Dakota County Planning, 891- 7030. Submit news on local initiatives of regional interest to Jim Martin, Metro Voice editor, 230E. fifth St., St. Paul, 55101. His FAX: 291- 6464. His phone: 291-6426. Mary Schulte, organizer for the Land Stewardship Project: "Most people probably don't realize the impact of their housing decisions. We're seeing a dramatic increase in numbers of people wanting to live in the country on 5- and 10 -acre parcels. If you drive through rural parts of the metro area you'll see tremendous amounts of agricultural land up for sale to development. This takes land away from agriculture and open space and increases the cost of services. "The Blueprint recognizes the importance of protecting the region's agricultural land. However, the former Council plan, the Metropolitan Development and Investment Frame- work, also recognized this and yet between 1982 and 1987 there was a loss of nearly 100,000 acres of farmland to development. Citizens need to monitor this process." Perry Thorvig, planning supervisor, City of Minneapolis: "Housing should definitely become a regional system." (Note: The Blueprint pro - Poses housing to become a "regional system." Currently, the Council plans for regional "systems" that include sewers, transit, major highways, airports and regional parks.) "Only then can the region and Council ensure a balance of housing types— high-cost, medium -cost and assisted— throughout the region. This would put real teeth in policies to shape growth and development." Jim Martin nvironmental issues and solutions 3 Metro area attitudes about reducing waste Percent of metro area people who would likely buy frozen concen- trate in a can rather than ready -to -drink juice boxes: 64% "Counca. o order, write the Metr6p66tan`.,' Counal :Center,'230 E. fifth St., St. Pain, MN5510]. For a free and complete', ,list of Council publications, write the 'Data Center or call 291-8140. These t, _publications also may be lead at major „ public libraries in the metropolitan area.,,",. Note: Customers must now add sales ,tax to the price of documents: St. Paul.. residents . and organizaations .add �7%,�; all others, 6.50/1. Regional Blueprint. No. 7841 aft copy; no charge. (See article,page.l,an ad, this page.) Summary, alsovailatile. the 1990s. No 7 Best Practices: Stre April 1994 No. 71 article, page 1.) 1993 Construction 74-94-023.11.50.' Improvement, Prograi 1994.2000: No:32-9j Follow-up Survey of X140 9= "armor Waste Reduction: Resultand Ted Report Published by University of Minnesota, Minnesota Center for S Research. $2.50. (See "Matters of f this page.) Metropolitan Council Publications Directorv. No. 75-94-032. No'chan axagL Also vailab ale_ fi The Metropolitan Counci11903`___ nial Report., No. 14-94-001. ono charge Percent of households using milk that would likely buy plastic return- able milk containers rather than cardboard cartons: 48% Percent that would buy cardboard milk cartons: 47% Among people who use spray products, percent who would likely buy them in a pump action bottle rather than in aerosol form: 67% Of households that use razors for shaving, percent that would buy electric or replaceable -blade razors rather than disposable razors: 51% Households that use bag lunches: 48% The information comes from a telephone survey about waste reduction attitudes in the seven -county metro area. The survey was conducted in July 1993 by the Minnesota Center for Survey Research at the University of Minnesota for the Metropolitan Council. The margin of error is plus or minus five percent. The survey also determined that a Council television public education campaign last year on waste reduction made a difference. Of people who recalled the ads, 53 percent correctly said the main message was waste reduction. For a copy of the report, see "FYI -new publications" this page. Metropolitan Council members and their districts Dottie Rietow, chair, Roger Scherer, 1; Bill Schreiber, 2; Mary H Smith, 3; Julius C Smith, 4; Sondra Simonson, 5; Martha'M. Head, 6; Barbara Butts Williams, 7, Carol A.', .`, Kummer, 8; David Hartley, 9; Patrick C. Leung, 10, Estherr Newcome, 11; E Craig Morris, 12; Diane'Z. (DeDe)? Wolfson,13;StephenB.Welyngton,Jr. 1.4 KevmHow%`°fi 15; Terry Flower, 161 t p °S +' iii 4 Building minority businesses Boosting minority- owned businesses is a key solution to minority poverty. This is the „a focus of a new jobs program initiated by Gov. Carlson and enacted by the 1993 Minnesota Legislature, with recent support Gillette from the McKnight Foundation. It's called the Urban Challenge Grant Program. Created in response to the 1992 Los Angeles riots, the program will provide loans to help create or assist minority-owned businesses and others creating jobs for people with low incomes in Minneapolis, St. Paul, and eight inner -ring suburbs. The suburbs, with median household incomes below $31,000, are South St. Paul, West St. Paul, Hopkins, Columbia Heights, Hilltop, Lauderdale, Mendota and St. Anthony. The legislature has earmarked $6 million in loans to be matched by nonstate dollars. Last month the McKnight Foundation committed $2 million. The loans, between $5,000 and $150,000, are to be parceled out by nonprofit groups to be selected this summer. The nonprofit groups also will provide minority businesses access to management and technical assistance. A Publication of the Metropolitan Council April 1994 The Metro Voice reports monthly on activities of the Metropolitan Council and issues of regional interest For more information, call the Data r Center at (612) 291-8140, or 291-0904 (TDD)."; The Council conducts long-range planning and research for the Twin Cities metro area,'coordi nates regional planning among local ,govern- ments and metro agencies, and collaborates", with the public and private sectors in solving critical regional problems. Metropolitan Council, Mears Park Centre, 230 E. Fifth St., St. Paul, MN 55101. Telephone (612) 2916359, or 291-0904 (TDD) Executive Director, Richard Johnson; Director of Communications, Judy Hohmann; Editor, Jim Martin; Graphic Designer, Cliff Bums. An 11 -member Urban Initiative Board will oversee the program and the selected nonprofit groups. The board includes Peter Gillette, commissioner of the Minnesota Depart- ment of Trade and Economic Develop- ment (DTED); Jane Brown, commissioner of Jobs and Training; Dottie Rietow, Metropolitan Council chair; and eight public members -six of whom are minority business people. "If this program can create family - supporting jobs for disadvantaged people, our goals will be fully realized," said Gillette, who serves as board chair. "If we're going to provide an Metropolitan Council Mears Park Centre 230 East Fifth Street St. Paul, Minnesota 55101-1634 (Address Correction Requested) 1— Minority entrepreneurs to build or wpand their small businesses to offer livable - wage Jobs for residents with low Incomes In Minneapolis. SL Paul and eight Inner -ring suburbs. alternative to minimum -wage jobs, let alone keep young people from being lured into other (illegal) money -producing activities, we have to underwrite much higher -paying jobs -which leads to manufacturing and services," he said. "It's in everyone's interest -core cities and suburbs -that we prevent blight, deteriora- tion and economic rotting at the core." Carole Berde, vice president for programs at McKnight, said "Job opportu- nities are a critical part of the long-term solution to needs of low-income people in the inner cities." The program is patterned after a regional initiative network funded by McKnight in outstate Minnesota. FRANK BOYLES ASSISTANT CITY MANAGER CITY OF PLYMOUTH 3400 PLYMOUTH BLVD PLYMOUTH MN 55447-1446 5034 Jim Martin Bulk Rate U.S. Postage PAID Mpls., MN Permit No. 1610 ® The Voice is printed with vegetable-based ink on recycled paper containing at least 10% postconsumer paper fibers. I FA 1 March 1994 A Message from Attorney General Humphrey and the DARE Dear friend: `�• - pry Council ; I would like to update you on the items that were discussed at the last DARE Advisory Council Meeting on February 10, 1994. The DARE program continues to expand in Minnesota, with theaddition of the juniorhigh and parent curriculum and the re -certification of DARE officers to teach the updated elementary curriculum. The new junior high curriculum is a ten -session class taught by DARE officers and teachers. 1 observed a class at St. Anthony School and was very impressed with the curriculum and the response of the students. 1 encourage council members to take the opportunity to attend the class. The Trademark Committee presented its report on the review and recommendations regarding the Commercial Sponsorship section of the Fundraising Policy. John Kelley, from the Trademark Committee, said they looked at the whole concept of commercial sponsorship and particularly focused on two questions: (1) should there be a provision made for local sponsors in addition to statewide sponsors; and (2) what should be the level of support that a commercial sponsor would have to give to either the local DARE agency or the state DARE agency. The recommendations have been tabled until the next meeting, April 21. Regarding the Department of Education (DOE) update, Mary Lynne McAlonie presented a list of those schools receiving DOE grants. The entire amount, $178,000 was dispensed for the '93-94 school -year. Another round of competitive DARE grant applications will be held before the school year for school year '94-95. Additionally, the Drug Free Schools and Communities Act was decreased in federal fiscal year '94 by about 26 percent in their national appropriation. Themonies coming into Minnesotafor school grants, communitygrants, and DARE grants will be reduced starting July '94. However, the actual impact on the amount available for DARE is quite minimal. Next year, $162,000 will be available, a slight reduction from the $178,000. The decrease for the entire state of Minnesota was signi flcantly more. Last year the state had approximately $6 million for the school districts across the state. In July, 1994, the amount will be $4 million. Regarding the 1994 legislative session, Ron Latz said two suggestions were made by council members. Both suggestions refer to the levy authority which each school district has to exceed their property tax levy limits for the purpose of DARE. The first suggestion for legislative action was to eliminate police liaison programs as an optional use of this money. The suggestion was discussed and it was decided that this recommendation not be pursued. (Continued on next page) Minnesota Twins The Twins have designated Sunday, May 1, 1994, as a DARE theme day. The game will take place at 1:05 p.m. against the World Champion TorontoBlueJays. TheTwinswillbe sending out order forms to DARE officers around the state who are interested in participating. The tick- ets will cost only $2.00 per student. If you would like more details, you may contact Jon Arends of the Min- nesota Twins at (612)375-7419. Super Valu The "Free Potato Chip Coupon" that Super Valu donated to DARE offic- ers throughout the state will be ex- piring July 1, 1994. Please make sure you take this into consideration as you pass the coupons out to stu- dents. Make sure you encourage them to visit their local store for this offer. Office Relocation As of February 1, 1994, the offices for Minnesota DARE, Inc. canbe reached at the following addresses; Mailing Address: Minnesota DARE, Inc. P.O. Box 65464 St. Paul, MN 55165 Street Address: Minnesota DARE, Inc. 590 Park Street St. Paul, MN 55103 Telephone Numbers: (612)227 -3903 -Metro (800)990 -3273 -Greater MN Welcome DAREN, the New DARE Mascot On Jauary 12 at the DARE Executive Committee meeting held at Universal Studios in Los Angeles, DAREN -- the new DARE lion mascot — made a guest appearance at the premier screening of the animated classroom video for the revised core curriculum. In order to include DAREN in the video and meet deadlines for its distribution to local DARE programs, we regret that it was necessary to select a name quickly for the mascot instead of implementing an earlier proposed contest. The video and DAREN received a standing ovation from an enthusiastic audience. Look for DAREN to begin appearing at events across the country thanks to the walk -around mascot costume that will be available soon through DARE America. Packard Bell Becomes a Sponsor for DARE DARE America is very pleased to announce that Packard Bell has become the newest national DARE sponsor. Packard Bell designs, manufactures and markets abroad range of PC -compatible desktop and notebook computers. The company is the fourth largest U.S. supplier of PC -compatible computers, distributing its products through 9,000 retail outlets worldwide. "Packard Bell believes that every child deserves the chance to grow up free from illegal drugs, gangs and violence;" said Mal Ransom, Packard Bell's vice president of marketing. 'We look forward to being directly involved with and supporting D.A.R.E.'s efforts to help children learn how to avoid these problems and build their self-esteem and confi- dence." I pledge allegiance to myself to always stay drug-free, Whatever happens throughout my life I'll never endanger me. I'll keep my body healthy and strong, By not taking drugs which I know is wrong. If I am angry or very stressed, I'll talk to my parents because they know what's best. When something involves a risk I must take, I'll think and decide what decision to make. If a friend trys to pressure me into using a drug, I can just walk away and give my mother a hug. When I want to do something that I think is fun, I can read, ride a bike, or lay in the sun. If I see people using drugs on T.V., I'll ask myself "What are they trying to sell me?" That is what I pledge to always stay drug-free, And because I wrote this essay I'm very proud of me. Kourtney J. Whiteman 5th Grade Student Westwood Elementary School Spring Lake Park To celebrate National DARE Day, April 21, 1994, the DARE Advisory Council invited DARE Alumni to present testimony to the Council. The Council asked DARE officers to select several of their former students to write a one page essay on what DARE means to them. Five essays will be selected and these students will be invited to present their comments to the Council at the meeting scheduled for April 21. The students and their DARE officers will also join the council and the Minne- sota DARE Board of Directors for lunch at the Capitol on that day. The St. Cloud area will be benefiting from the sale of a house built with donated materials for DARE. Ernie Wollak, the Rice builder who started the project, fig- ured at least $145,000 will go to DARE in the three - county area. The home will be part of the Parade of Homes May 19-22. Organizers said this is the second DARE house fundraiser of its kind in the country. The first was done last year in Elk River. May 1 DARE Theme Game; MN Twins vs Toronto Blue ,Jays Bowling Proprietors Association of Minnesota The Association has agreed to sponsor and support a state-wide fund raiser. The week of April 18-23 will be designated as DARE week. People bowling will be charged the usual $2 a game. During DARE week, however when anyone says they are 'Bowling for DARE," the alley will make a $.40 per game donation. The checks will be sent to Minnesota DARE, Inc. with the local communities receiving 80 percent of the funds raised. All DARE officers should have received a packet with information on DARE Day. In addition, the Southtown Bowling Center sponsored a Minnesota DARE, Inc. fundraiser on March 19 and 20, 1994. The event was the Centers Grand Re -opening. KDWB-FM 101.3 Dave Ryan and KMSP-Channel 9 Brian Czock participated. March 19 was designated as DARE Day at the Alley. For every game bowled, Southtown donated $1.00. Also, they sold hot dogs, chips and soda. All profit from the sales were donated as well. DARE students were invited to bowl on March 19, from noon to 3:00 p.m. All money raised was donated directly to Minnesota DARE, Inc. Minnesota Timberwolves The Wolves designated two games for DARE theme nights. The first game was reserved for Greater Minne- sota DARE communities. Approximately 500 kids and parents attended. The second game was reserved for Metropolitan area DARE programs and around 800 kids and parents attended. In addition, we have finally finished distributing the DARE Timberwolves trading cards. There is still a limited number of cards left. If you never received any cards, please contact Minnesota DARE, Inc. National DARE Day On Thursday, April 21, 1994, Circus Pizza has gener- ously agreed to sponsor'a DARE Pizza Party at their Brooklyn Center location. The facility can accommo- date 1,500 kids. The party will take place from 3:00 p.m. to 6 p.m. Drawings for prizes will be held at 5 p.m. Information regarding the party was in the DARE Day packet that was sent to DARE officers. The second proposal came from the Chiefs of Police Association. As part of their legislative agenda they want to increase the levy limit from $1.00 to $3.00 per resident of the school district. Currently that levy authority authorizes a school district to levy a total equal to $1.00 per resident of the school district. The Council supported this proposal. The Attorney General's Office will continue to play an advocacy role as they have done in the past. David Weidenfeller, Director of Minnesota DARE, Inc., stated that with the start-up grant money, $69,125 was awarded with $123,000 requested. Fourteen jun- ior high and fourteen parent programs, and fifteen elementary programs will be introduced to many differ- ent communities throughout the state. The remaining balance of $110,000 must be distributed by June 30, 1994. He recommended that there be another cycle in April or May for the next school year. The recommen- dations will be reviewed by the Council at its June meeting. David Weidenfeller also reported on the issue of the revised financial forms which should be completed and submitted by DARE officers or appropriate personnel once a year, following the school year. It was suggested that a person from the auditor's office address the city directors regarding how dedicated or donated funds given to DARE should be handled and a letter explaining the process be sent prior to the meet- ing. Regarding media issues, Mick Ganley stated that he had a meeting with the DARE officers from the St. Paul Police Department and the media person within the Minneapolis Police Department. The subcommittee decided that a fact sheet would be developed that would cover the commonly -asked questions about DARE. It was felt that it is time to become more proactive in responding to criticisms of DARE. Best regards, Since its creation by the State Legislature in 1989, the Minnesota DARE Training Center at the Bureau of Criminal Apprehension has put many ideas into effect and has accomplished many goals over the past 5 years. Some of those goals are as follows: • presented 11 DARE officer core curriculum train- ing classes since 1990 • increased the number of Minnesota DARE officers from 94 in 1989 to 407 in 1993 • made possible the teaching of DARE in 194 Minne- sota school districts • made possible the teaching of DARE in over 630 schools • provided the curriculum training to reach over 60,000 Minnesota fifth and sixth graders in 1993 alone • trained and certified 13 DARE officers as DARE mentors • trained and certified 28 DARE officers to teach the junior high curriculum • trained and certified 28 DARE officers to teach the DARE program for parents • became, in 1992, the first nationally accredited state training center in the U.S.A. • coordinated or provided continuing education to certified DARE officers • established a training newsletter to provide local and regional training information to Minnesota DARE officers • won the 1993 Minnesota Association of Curriculum Development award The future goals for the Minnesota DARE Training Center include: • re -certifying all Minnesota DARE officers in the revised DARE'elementary curriculum in 1994 • establishing a DARE Junior High Training Team in iyy4 �`�---, • establishing a DARE Senior High Training Team in 1994 HUBERT H. HUMPHR • providing continued DARE officer training to teach Chair, DARE Advisory Council the elementary, junior and senior high DARE curr- iculum. INTERFAITH OUTREACH 1-,- & COMMUNITY PARTNERS ...people uniting to help people since 1979 110 Grand Ave S. Wayzata, MN 55391-1872 Tel. 473-2436 From the Executive Director It's spring. It's spring! The ice is out. New life pushes against forgiving soil. Cool rains tell us that winter is past. The sun seems more believable. The earth begins to squish again. And, just in case we miss all this, the birds insist we notice. We pray God keep us tuned to this season of freshness and hope. Keep us attentive to what needs to grow. Fill us with fresh energy and new ideas. Make our hearts hospitable to those you love. Make our hands willing to prepare the soil of this community for the truly GOOD NEWS that you are near. In spring our hearts leap up with thanks for the marvelous companions you have given us...those VOLUNTEERS... of all ages and sizes ... of all races and backgrounds ...those FRIENDS... whose generous and faithful ser- vice is a sign of your love in all seasons. Especially spring. In spring we give special thanks for ow budding volunteers... the young who are dis. covering here their gifts to serve, tc understand... to grow. It's spring. It's spring! April 1994 Volunteers R Us Susan Fetterer, IOCP Volunteer Coordinator Volunteers are the measure of a community that works. They mirror selflessness and compassion, patient caring, love and a high regard for accomplishing the impos- sible with energy and enthusiasm. They are all around us --a luxury we could ill -afford to pay for with dollars. Who are they? Where do they come from? Why do they do what they do, give what they give? 650 volunteers come to Interfaith each year to work in the clothing and food shelves, drive community members to me ical appointments and classes, assiVwith tax preparation, answer phdnes and fill! serve on the Board of Directors an'committees, g ive Santa and the Easter Bunny a boost, and find wonderful and unexpected ways to support families and individuals. ` Volunteers are three and foui.year olds brmgin personally selected cans of food every Friday, led by arru i'tantQnamo. Volunteers are Eagle,5�"�'ou `candidates burl ding tla' grounds, sheds, gardens, and wooded retrea*' Volunteers are le gwljq " sl4w up" after school to clean a little and laugh a little. 4 ;l F Volunteers are serfiors bring lifetime of sIts and compassion to tasks needing doing, no matter what lfie weather Volunteers are also clics who embrace the philosophy - - mIy of us have embraced, believing that "rooted in our vision is the belief that we are on this human journey together, and that the community we build together will be more or less for the sharing or withholding of the gifts of each person." bring. We are so grateful for the gifts they Food Stuff Food Fight '94 --the third annual all - school food drive, will be held in all Wayzata public and several private schools during the first week of May . Designed to fill up the food shelves for the summer rush, when children home all day put an added strain on already -stretched food budgets, this is the only student food fight actually encouraged by teachers and administrators. Fighting hunger has the whole- hearted support of students, staff, and parents: this year for the first time each school has a parent or staff coordinator heading up the activities. Virginia Robertson and Mary Gilmore are over-all chairper- sons; school coordinators are: Donna Schmidt--Birchview Lana DiPilato--Greenwood Linda Munch & Becky O'Toole --Plymouth Creek Gary Kipling --Sunset Hill Linda Stahl --Gleason Lake Mary Faltesek & Donna Kaplan --Kimberly Lane Michelle Pesonen--Oakwood Barb Branch & Bob Meinke--West Junior High Martha Anderson --East Junior High Bitt Huldeen--Wayzata High Ellen Olson (principal) --Holy Name of Jesus School Steven Allmon (principal) --Redeemer Lutheran School Rob Bell (principal)-- St. Bartholomew School Our heart -felt thanks to all the volunteers, student and adult, who team up to make this a successful "Food Fight." It's a fight that everybody wins. And Many, Many Thanks to: The Hartwell Women -T— L, C__� Dance Away an Afternoon with your Whole family, and the IOCP Foodshelf wins again. On Sunday afternoon, May 1, from 2 to 6, at Medina Ballroom, 500 Highway 55, country musician Brett Michael and the Western Breeze Band will play all kinds of country music -- music for your whole family to dance to --or just sit and listen to, if you prefer. Admission is free; a food donation is requested. These musicians are giving a series of dances around the Twin Cities to benefit various food shelves; another example of creative generosity contributing to the community in more ways than one. Come enjoy a family afternoon of fun and music --and help stock the foodshelf at the same time. BOWLSEIVIPTY � �®�0 p�J®s4 � ift�Po4 htuwtq®a 1197 31. 1"4 Watch for further information mnmta Final report --after running an extra week 0 ham statewide, the annual Foodshare campaign netted IOCP's foodshelf 23,975 lbs. of food, and $3,348.01 in cash to be used to purchase more. This was almost 4000 lb. above our goal of 20,000 lb. Three cheers --you did it again! Cargill, Inc. The Afghan Ladies To Lucy Hartwell, left, for her moving presentation atthe Spring Prayer Break- fast on April 6, when she talked about her faith journey in working with the Hmong community, and to her daugh- ter, the Reverend Jill Hartwell Goeffrion for her warm andloving introduction of her mother, and her thoughtful prayer. It was a real pleasure to have them providing the message for the morning- -having them both more than doubled the pleasure! The shiny white 12 -passenger van you have seen in our parking lot was a recent gift from the Cargill Company --we have great plans for its use in trans- porting people and goods for all sorts of program activities. Formerly used by Cargill for transport- ing employees. it is in good working shape and easy to drive. Having this vehicle will enable us to carry our projects that were our of ourreach before. Pictured above are Sandi Pratt Manager of Em- ployee Transportation for Cargill, presenting the keys to the van to Joanne Murphy, IOCP office manager The Afghan Ladies, (IOCP's title) are a very active group of women who re- cently brought us a stack of beautiful handmade afghans. Pictured are Esther Bruning, left, and Mable Swanson; oth- ers in the group are Mel Wodarz, Ruth Brebner,and Leona Peterson. Sarah Middlestadt, director of Wayzata/Ply- mouth Senior Community Services, works with the group. Why Volunteer? We asked a number of our volunteers (all we could reach in a given week): Why do you volunteer? What are the rewards? The challenges? Why do you keep coming back? Here are some exerpts from some of the responses (To spare embarrassment, the pictures of volunteers are not necessarily connected to the specific quotes): "Now that I'm retired I cannot conceive of NOT volunteering... offers the chance to repay the community..." "It's something to do after school. I could watch TV but instead I help our my community by cleaning,etc. I come back because the people are very kind." "My 2 challenges at IOCP are:(1) staying sane & "sweet" throughout the Christmas chaos; (2) dealing with many kinds of people. I think one of our main reasons to be ...is to offer love, comfort, help, hope, affirmation to one another ... IOCP embraces that same philosophy. "I first volunteered for something to do ... the rewards far exceed the work ... I love everyone connected with IOCP (although I whine a lot)." "I love a bargain. There's not many places you get a better return in giving." KidS. They're everywhere. In the foodshelf, at the reception desk, pushing the vacuum cleaner, the lawn mower, and, occasionally,each other (in fun, of course), helping in "Clothes to You", doing mailings, running errands and doing miscellaneous wonderful and necessary tasks. A bunch of 'em take over the running of a restaurant each May to raise funds to buy food for us. High school pottery students throw 300 pots each spring to fill with donated soup to raise funds and create hunger awareness. We've watched talented kids develop innovative ways to support projects and create new ones. Like developing a youth volunteer recruitment video to b ring more community kids our way. Keep them coming! "IOCP is like a club -house, a tree -house. Here you can find support, understanding hearts, and enthusiasm.... you are among a company of friends." "My grandmother told me about the Indians that came to her farm door for food --later they would bring her fish or game. I remember my mother giving food to hoboes ... It makes me feel good to help..." "IOCP has opened my eyes ... It is rewarding to be able to participate... in the work done here. The good stuff is the humor of the staff --greeting clients --and hoping I don't foul things up too much." "The challenges are working with people you never met in your life and trying to become a team with them. I keep coming back because I like it and it's fun." otice of the Annual Meeting of the Membership of `9 a terfaith Outreach and Community Partners Thursday, April 28,1994 7:00 p.m. oom 101 of Wayzata Community Church :..: :., C* 125 East Wayzata Blvd.' Wayzata MN ,To-Elect,Me ers of the Board of Directors and Conduct Other Regular Business and Celebrate Fifteen Years of IOCP Community Service All members and friends of Interfaith Outreach & Community Partners are warmly invited to attend this Annual Meeting and help celebrate our fifteen years of service and community building. A special feature of the evening will be the unveiling of the new IOCP logo, designed by local artist Charlotte Stratmann. Voting members include all member church delegates, delegates of businesses, agencies, community and civic organizations, and individuals who have contributed to the work of IOCP. Current Volunteer Opportunities Play Yard Coordinator Holiday Program Chairpersons Help recruit and schedule youth and adult volunteers to supervise 2-3 individuals needed to coordinate overall production and play yard during food and clothing hours. May -August adopt -a -family program. August --mid-January In -Store Food Drive Back To School Program Serve on coordinating committee; work with participating Coordinators needed to plan recruitment of school supplies and grocery stores. June -August services, schedule volunteers. July -September Call Susan at 473-2436 for additional information Feb. & March, 1994 Clip and Save 1 New Schedule for Donations 1 for "Clothes To You" Feb. March 1 Because of limited space, we can no longer accept $ Spent 1 donations during the hours the clothing shelf is open to $ Spent 1 clients. Please note the following schedule, which starts 570 1 May 1, for bringing in clean, usable used clothing 1 1 linens, and small household items. 1 1 Tuesdays and Thursdays 1 1 1 10:00 a.m to 4:00 p.m. � 1 1� 1 The first Saturday a.m. each month* 16 1 9:00 a.m. to 12:00 noon 1 *Note: There will be no Saturday open in July or September because of the holidays. 112 L ------------------- J Feb. & March, 1994 Usage Report Feb. March Assists $ Spent Assists $ Spent Food 570 2,435 670 2,250 Housing 41 13,431 39 12,532 Utilities 16 1,316 13 1,135 Transportation 112 4,628 100 4,465 Medical 10 746 11 341 Clothing 2 59 5 210 Other/Misc 28 1,495 25 1,401 Advocacy/Referral 44 NA 56 NA Clothing Shelf 711 NA 932 NA Rides Given 310 NA 236 _ NA_ Total 24,110 22,124 Lbs. Food 15,817 17,365 New Clients 23 30 Volunteer Hours 1,817 1,783 City Briefs Date: April 26, 1994 From: Helen LaFave, 550-5016 Plymouth yard waste site opens The city of Plymouth Yard Waste Drop -Off site, 14900 - 23rd Ave. N., is open for summer hours May 1 - Aug. 31. Hours are: 4 - 8 p.m., Mon., Tues., Thurs., and Fri.; and 10 a.m. - 8 p.m., Sat. - Sun. The site is closed on Wednesdays. Spring and fall lawn rakings, thatch, leaves, soft vegetative garden waste, and brush under 4" in diameter will be accepted. You may also pick up free compost, wood chips and wood mulch at the site while supplies last. This site is for Plymouth residents only. Please bring identification. The site will close for inclement weather. For more information or site closing messages, call the Recycling Information Line at 550-5088. Garbage haulers also accept yard waste. Call your hauler for more information. Keep gutters clean The City of Plymouth requests resident help in keeping curbs and gutters clear of leaves, grass clippings and sediment from spring run-off of non -vegetated areas. These materials, which are rich in nutrients, wash down the gutters and into the storm sewer system. This eventually discharges into lakes and streams, where they promote weed and algae growth. Sediment entering lakes and streams via storm sewers causes water to become murky. Keeping gutters clear of these materials and other debris helps maintain the quality of water in Plymouth's lakes, ponds and wetlands. Vlv N\'e_llv""o y� CITY OF PUMOUTR For Immediate Release For More Information: Helen LaFave, 550-5016 Odd -Even Water Restrictions in Effect May 1 - September 30 Odd -even water restrictions on all outdoor water use are in effect May 1 through Sept. 30 for all city of Plymouth water customers. The restrictions apply to unattended outdoor watering, including new sod, landscaping and timed sprinklers. Businesses and residents with addresses ending in an odd number may water on odd - numbered days. Those with even numbered addresses may water on even -numbered calendar days. City water customers may wash vehicles and do hand-held hose watering of shrubs, flowers and trees on any day provided the hose is equipped with a pistol -type nozzle with automatic shutoff. If you hire a lawn service, consider the odd -even restrictions when scheduling service. City officials adopted these restrictions to ensure that water is available to meet daily household and business needs as well as fire emergencies. The penalty for violating restrictions is $100 for each day of violation. You will receive one written warning before you are penalized. The restrictions do not apply to property owners who obtain their water from private wells or other non -city water system sources. If conditions require the City to modify the restrictions, changes will announced on: • WCCO-AM 830 Radio; • Cable Television Channel 37; and The Water Restriction Hotline, 550-5007. The Hotline is a 24-hour recorded message of up- to-date water restriction information. For more information, call 550-5070, Mon. - Fri., 8 a.m. - 4:30 p.m. -30- We Listen - We Solve • We Care 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550-5000 Dottie Rietow, Chair Metropolitan Council 230 E. 5th St. St. Paul, MN 55101 RE: Regional Blueprint Dear Chair Rietow: The Plymouth City Council has reviewed the proposed Regional Blueprint. Our comments address the areas of the regional economy, reinvestment, guiding growth, the environment and implementation. Economy Businesses within the City of Plymouth employ roughly 40,000 people, a figure that is expected to grow to nearly 50,000 by 2010. As a consequence, Plymouth is supportive of the Metropolitan Council's actions to ensure high quality, well-maintained infrastructure. However, in reviewing the Blueprint, the City noted a potential conflict in the Metropolitan Council's proposed actions to 1) help ensure high quality, well- maintained infrastructure that is responsive to the needs of business and new technologies and 2) give top funding priority for maintaining, upgrading and replacing infrastructure serving existing urban development. The City does not believe it is possible to adequately respond to the infrastructure needs of business and still maintain and upgrade infrastructure serving existing development. Consequently, the Metropolitan Council needs to clarify how it will reconcile these apparently conflicting priorities. Reinvestment The Blueprint focuses on revitalization of distressed areas within the region. Plymouth concurs that the health of older areas is important to the health of the entire region. However, the Blueprint is not specific about what the Metropolitan Council's priorities for public spending will mean for areas such as Plymouth that are not distressed. The City asks that the Metropolitan Council address this in greater detail in the final draft of the document. Without this detail, it is difficult for Plymouth to assess the impact of the Blueprint on the City. We Listen • We Solve • We Care 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550-5000 Dottie Rietow, Chair April 19, 1994 Page 2 An even more critical concern to the City relates to housing. The Blueprint supports increases in housing diversity in the region as well as increased opportunities for low - and moderate -income housing, particularly in suburban communities. According to the U.S. Census, in 1990, apartments made up more than one quarter of the housing stock in Plymouth. Townhouses, duplexes and four -and eight-plexes made up another 13 percent. Just under one percent of the city's housing stock was in mobile homes. In addition, more than one quarter of the owner -occupied housing in Plymouth was valued at less than $100,000 and just under one quarter of the rental housing stock had rents less than $500 per month. Our City Assessor's records indicate that at the present time, 30 percent of the owner -occupied housing is valued under $100,000. The Plymouth City Council believes these figures demonstrate that our city has a diverse housing stock. However, the Blueprint does not specify what would constitute an acceptable level of diversity, nor does it identify what would constitute a fair share of low- and moderate -income housing opportunities for communities within the urban service area. Furthermore, the Blueprint does not indicate what data sources would be used in making these determinations. Without these additional clarifications, it is impossible to know what implications the new housing direction may have for the City. Guiding Growth Plymouth has several questions and concerns about changes that the Metropolitan Council is proposing for its review of urban service area expansions. The first area of concern relates to the Council's process for determining land supply and demand. Plymouth is in the process of developing a computerized land use database in order to determine how much land is available to accommodate anticipated growth over the next 15 years. Based on current information, the City is confident that our research will indicate a need to add land to the urban service area. We are aware that once the City has compiled its information, our staff can initiate discussions with Metropolitan Council staff to reconcile our information with computerized information developed by the Metropolitan Council. The City also recognizes that this will be a time-consuming process, in part because the Metropolitan Council developed its land use information by interpreting aerial photographs. In contrast, the City is using property records on file at the City and at Hennepin County. We believe that using a parcel -based land use file could increase the accuracy of the regional data and reduce the amount of effort required by cities to reconcile local and regional land use information. Consequently, we recommend that the Metropolitan Council strongly consider making this change. when it next updates its land use information. Once the Metropolitan Council has determined that a community needs additional urban land, it is now proposing to require formal local/regional agreements that include among other things, local assurance that housing is available in a variety of types and Dottie Rietow, Chair April 19, 1994 Page 3 prices. As noted above, the City cannot assess the impact of this change on the community until the Metropolitan Council clarifies what constitutes acceptable diversity and an appropriate share of low- and moderate -income housing. This is a key step that must be addressed before the Council adopts the final Blueprint. Another new factor in urban service area expansions is the Metropolitan Council's intent to look at changes to the urban service area on a sub -regional basis. However, the Blueprint does not detail how the Metropolitan Council will implement this change. For example, the Blueprint is not clear if the Council will have the authority to deny an expansion in Plymouth if there is sufficient urban land within the larger "sector" of which the City is a part. This is a critical question that the Metropolitan Council must address in a fair.and equitable manner such that all communities in the urban area are allowed to continue to grow. Plymouth is aware that the Metropolitan Council is not materially changing its emphasis on focusing infrastructure funding for projects that maintain, upgrade and replace facilities serving existing urban development. However, recognizing the importance of jobs and job growth to the region and the need for a healthy amount of residential expansion at the edges of the region, the Metropolitan Council cannot totally ignore or exclude investment for expansion. Rather the Council must balance expansion and maintenance in order to maintain a strong, vital region. Environment The City is supportive of the Metropolitan Council's emphasis on protecting the environment. Plymouth has adopted a similar emphasis for both new and existing development within the City. However, we do caution the Council about the need to match policy objectives with staff resources and to provide clear guidelines for regional review. For example, the City is not aware that the Metropolitan Council has staff expertise to implement the proposed directive to review proposed local comprehensive plans for the potential impact on air quality. Furthermore, the Blueprint does not explain what criteria would be used to determine air quality impacts. Implementation The Blueprint is proposing that the Metropolitan Land Planning Act be changed to give both the Blueprint and the regional housing plan status as "metropolitan systems." The Blueprint further states that the Metropolitan Council will ask for changes to the law to give the Council the authority to review and approve those aspects of local comprehensive plans that will ensure consistency of local action with the Blueprint. Granting the Metropolitan Council approval authority over local comprehensive plans represents a major departure from past practice and vastly expands the Metropolitan Q Dottie Rietow, Chair April 19, 1994 Page 4 Council's authority over local comprehensive plans. The City would not support such an expansion of authority. We believe it is critical that the Metropolitan Council clarify if that expansion is in fact intended. In addition to the approval issue, the Blueprint does not address how the metropolitan Council would define substantial impact on or substantial departure from the Blueprint. In the absence of this information, it is not possible to determine the impact of this change on the City. Making housing a regional system raises the same issues raised above. In addition, the City questions what the Blueprint means when it states that the Metropolitan Council would seek to have communities revise their comprehensive plans to facilitate removing barriers to achieve a mix of housing types The Council needs to identify and be specific about what it means by the term "barriers." Additional issues of clarification regarding acceptable levels of housing diversity and appropriate shares of low- and moderate -income housing were discussed under the comments on regional reinvestment. The Blueprint states that the Metropolitan Council will compare local comprehensive plans with other comprehensive plans and with regional plan and policies in an effort to achieve consistency and compatibility across the various levels of government. The Blueprint further states that the Council may establish formal agreements or compacts with cities to coordinate regional and local planning. The Blueprint implies that an absence of consistency and compatibility would lead to the need for a "compact," but it does not specifically address this question. However, the City considers this a particularly important question considering that the Metropolitan Council would like to see the Blueprint receive the status of a metropolitan system, thereby giving the Council greater authority over the actions of local government. Consequently, the Metropolitan Council needs to clarify when a compact would be required. The Blueprint is also unclear in its language regarding the urban service area expansion criterion for judging land supply and demand. That criterion indicates if land supply is below or within three years of the allowed five-year overage and regional facilities have adequate capacity, the Metropolitan Council will consider an expansion. However, the document is not clear whether a shortage of land must exist throughout the sector being reviewed or whether it is sufficient if it occurs in the community requesting an urban service area expansion. This criterion also raises the issue of what the Metropolitan Council will do in cases where inadequate data exists for other communities in the sub- region. The final draft of the Blueprint should clearly spell out the mechanics of the new process for urban service area expansions. The City's final comment on expansions relates to the directive that local governments submit no more than one expansion request per year. Although Plymouth has not been in the practice of submitting frequent urban service area changes, this does represent a Dottie Rietow, Chair April 19, 1994 Page 5 radical change from current practice and could place a burden on the City if unique circumstances required more than one amendment per year. A case in point is the current proposal by the Wayzata School District to build a new high school outside the City's urban service area. This represent a legitimate need for a service area expansion that could not have been foreseen until the District identified an appropriate site. The Blueprint needs to establish criteria that would not penalize cities for these types of situations. The City has raised a number of questions that we believe must be satisfactorily addressed before the Metropolitan Council formally adopts a new direction for the region. We further believe that the additional detail and clarification we seek will help the Metropolitan Council better think through the processes that it proposes to impose on local government. We agree with the notion of partnership and flexibility that you promote. However, we ask that the Blueprint give sufficient direction for local governments to feel assured that the outcome will in fact reflect this new flexibility. Thank you for the opportunity to comment. Sincerely, Joy Tierney Mayor cc: Roger Scherer, Metropolitan Council District 1 April 21, 1994 Joy Tierney and Plymouth City Council 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mayor and City Council, It is with regret that I inform you of my resignation from the Park and Recreation Advisory Commission effective August 1, 1994. I plan to attend the July meeting. I will be attending graduate school at the University of California -Berkeley this Fall. I have appreciated the opportunity to serve the city as a Park Commissioner. The experience has been educational and very enjoyable. The city of Plymouth is certainly fortunate to have such devoted staff and citizens. I wish you continued success. Sincerely, Lynn Mikula 3482 Pilgrim Lane North Plymouth, MN 55441 cc: Eric Blank Don Anderson r•' STATE OF DEPARTMENT OF NATURAL RESOURCES Region 6 Trails & Waterways, 1200 Warner Road, St. Paul, Minnesota 55106 FILE NO. PHONE No. (612) 772-7935 April 21, 1994 City Hall — Plymouth Manager Dwight D. Johnson 3400 Plymouth Blvd. Plymouth, MN 55447-1482 Dear Local Official: The Minnesota Department of Natural Resources will be conducting a survey of shore anglers this summer (May 7 to September 20, 1994). This survey will be taken at approximately 100 locations on lakes andrivers throughout the 7 -county metro area. These sites include the traditional shore fishing, fishing platforms, fishing piers, breakwaters and seawalls. These will not be out in the water on boats of any kind. This letter is to inform you of our planned activities in your community. Most surveys will be done during peak usage times (i.e., holidays, weekends and evenings). The surveyors will first count all anglers at a particular location, then interview a small cross section of the anglers and after about one-half hour move on to another location. The survey will cover demographics, trip characteristics, angler characteristics, attitudes including why this location, rating this location, any problems at this location, suggested improvement—crowded feeling. For a long time the department has had some idea of feelings, where people come from, who is at these sites, etc. Hopefully this survey will give us a better idea of the reality at these sites. If you are not the appropriate person or you feel this information could be shared with someone else in your community, please feel free to pass on this letter. If there are questions, please call me at 772-7935 or Tim Kelly, DNR Planning at 296-4892. Sincerely, Delos Barber Region 6 Trails & Waterways Supervisor DB/md AN EQUAL OPPORTUNITY EMPLOYER 4105 Xene Lane N. Plymouth, MN. 55446 April 24, 1994 Dear Joy Tierney, I am writing to you to recommend that you support a stronger Tree Protection Ordinance in Plymouth. Currently, Plymouth has a very weak Tree Ordinance which does not protect the trees or the forested ecosystems. Builders are allowed to remove as many trees as they wish without limitations imposed by the city. I have witnessed this destruction of mature trees at constructions sites including the new Westbranch development, which is directly behind my house. I am not a designer or architect, but it seems ridiculous and irresponsible to remove a large number of mature trees on a plot of land which is mostly open fields anyway. I would think those trees would have added extra value to the homes that are to be built, as well as protecting the ecosystem and preventing some drainage problems. I urge you to support a Tree Ordinance which would limit the number of trees that can be removed based on the number of forested acres on a given plot of land. This should include fines for removal of trees which exceeds the limit, in order that trees may be replaced taking into consideration the diameter of the trees removed. Also, there should be guidelines to protect the existing trees and their root systems from being damaged by construction equipment and machinery. Our ecosystem is fragile and every step we take towards protecting our natural habitat provides a more positive and healthy future for ourselves and our children. We need to have better balance between growth within the city and protecting the natural environment. I feel that a stronger Tree Protection Ordinance is an important step towards achieving this balance. Sincerely yours, Stephanie L. Croteau Mayor Joy Tiernt City of Plymoutt Plymouth, MN 554 Dear Mayor Tierney: 430 Zinnia Lane N Plymouth, MN 55441 19 April 1994 I did not have to look at to many homes in Plymouth to find out one very interesting thing. The amount of taxes paid on newer homes seemed much higher than the amount paid on older homes of the same price range. I understand that different taxing districts account for some of this, but in looking at the PID book at the library and looking at the current tax figures a few weeks ago at City Hall, I would like to share with you what I see. I am a bit reluctant to bring this before the City Council at a Public forum. Let me also state that I do not have a problem: with my current market value on my new home. I think it is a fair assessment. I started making a list of first of all the comparable biomes from which Norwest Bank based its value of my home. Then I started keeping trach of homes sold and sale price from the Plvmouth Sun Sailor and Minneapolis Star Tribune. Attached you find a listing of those properties and their values for 1993 and 1995 parable taxes. You will see it does vary greatly. I also have talked with the City Assessor Nancy Bve. It concerns me with some of what she told. me. I was told that her staff has about the same number of people to do the job as it did back in the 1960'x. Yet we all know the workload has changed a great deal with all the new homes and business's. 1 also found out that the cities assessment is based on the value of the land and the value of the home. But the land values all seem very low, they do not seem to have anything to do with the amount of land a person has. I guess lots on lakes are valued higher. In my own neighborhood my lot is valued at only $31,000 but the contractor paid 525.000 from Carlson Properties for the lot and then had to make improvements (sewer. water hookups, etc.). Norwest valued the lot at 535.000. My home is valued by the city hither than the bank, so the final amount is about the same. I also see from the PID book that neighbors lots are valued Tower, those values set years ar;o when the lot was plated. I asked the assessor why the lot values differed so -much and why the lot acress the street was valued so much lower 111an mine. I was told thev diel not have staff to update the values. We have lived in Plymouth now for almost 19 years. Until last October we lived on 14th Ave North. That home to the i.)est of my knowledge was only gone thru by the city twice. Once shortly after we moved in and last year. The_v did revalue for a deck we added but dial not come thru the house dt that time. Last year the difference between appraised :;.;uc anis tax value was S8200. based on the walk thru last rear in 1995 the home will be valued for taxes at over 100; of selling price. So you see many, many years that home like many other older homes in Plymouth paid lower taxes. From what I could findout this is reason for the differences in tax value. To revalue a home only twice in almost 20 years is not right. It is also unfair to ask owners of newer homes to pay higher taxes for City, County and Schools than we ask the owners of older homes of comparable value. I hope you will discuss this with your council and come up with a plan to make the market values for taxes fair and somewhat equal in our city. Sincerely yours, %:.,,✓/� Com-+ �1� 2�--. George F. Wilson lax Ian PROPERTY ADDRESS SELLING PRICE 92 Value Difference 94 Value Difference 430 Zinnia Lane 164,000 152,400 11,600 162,000 2,000 Our Home 12512 Sunset Tr. 167,000 137,900 32,000 163,900 3,100 Norwest Compare 12215 Sunset Tr. 168,395 146,300 28,600 161,500 6,895 of 15635 17th Place 171,000 125,900 49,000 152,300 18,700 " 2335 Walnut Gr 165,000 139,300 25,700 163,400 1,600 18525 23rd Ave 165,500 125,900 39,600 136,000 29,500 11735 52nd Ave 165,000 139,300 25,700 150,900 14,100 13005 56th Ave 167,000 136,100 30,900 146,800 20,200 18105 17th Ave 167,000 140,300 26,700 151,600 15,400 940 Garland Ln 159,900 113,300 46,600 143,800 15,200 430 Vinewood In 167,000 126,400 40,600 136,400 45,800 13025 12th Ave 164,000 131,800 32,200 144,000 20,000 16935 21st Ave 160,000 147,900 44,300 160,400 400+ 310 Merrimac Ln 165,000 129,600 35,400 135,200 29,800 The following are homes we looked at in Plymouth, but are unsure as to their selling price so the figures may be off slightly on the selling price and differences but I don't think anymore than a few thousand dollars. 425 Merrimac 169,900 129,800 40,100 140,100 29,800 12205 29th Ave 169,000 137,900 32,000 148,200 20,800 2831 Black Oaks Ln 174,900 146,300 28,600 159,600 15,300 18525 23rd Ave 174,900 125,900 49,000 136,000 54,200 2750 Shadyview In 175,000 134,200 40,800 146,800 28,200 16490 22nd Ave 151,900 115,500 36,400 124,700 27,200 715 Queensland Ln 169,900 137,700 32,564 145,300 24,600 12715 30th Ave 168,000 130,300 37,700 140,900 27,100 Note: Tax 92 Value is for taxes payable in 1993, and Tax 94 Value is for taxes payable 1995. i . a r Joy Tierney Mayor City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Ms Tierney: 11035 36th Place North Plymouth, MN 55441 April 25, 1994 I have become aware that the city is currently studying the expansion of Zachary Lane. Zachary Lane is currently a two lane road which more that adequately meets the needs of our neighborhood. Any expansion would not only increase traffic, but would put at increased risk all of the children in our community. Expansion of Zachary Lane would not only increase traffic, it would inevitably increase the speed at which traffic travels. Current speeds are too high. The entire length of Zachary Lane is an area where speeds are notoriously high and could use increased monitoring. As the current Capital Improvements Program moves forward it is imperative that all projects affecting our neighborhoods be planned in a manner that is consistent with what should and will be built. It is an absolute necessity that the Zachary Lane project be specifically identified and mandated as a two lane road, while being reclassified as a minor collector. Any deviation from this would result in construction that will adversely affect our children's safety, result in excess city expenditure, and cause a negative impact on our surrounding wetlands. I feel very strongly that action must be take action on the front end of this project. We must guarantee that our community will remain safe and beautiful for many years to come. I am confident that with your support we will be successful in retaining Zachary Lane as a safe and beautiful two lane road. Sincerely, Mark W. Milberger UNITED STATES POST OFFICE DATE: 04-27-94 T r" OUR REF: CED09 : MSLarson : msl : 9998 SUBJECT: Addresses for Trenton Ponds Developments l� TO: Ms Joy Tierney, Mayor City of Plymouth 3400 PLymouth Blvd ��,. Plymouth MN 55447 I have been contacted by several new homeowners regarding their addresses for the Trenton Ponds townhomes on 10th Av N. They have requested that their addresses be changed from a lettering system to a singular number for each unit. I have informed them that the City of Plymouth designates addresses, and that I have contacted Don Monson of the City Offices and discussed the matter with him. I have requested that the addresses of Trenton Ponds development be changed to a numerical order to enhance the Postal Services efforts to automate the mail in delivery order. I am now requesting your attention to this matter for consideration of changing the addresses. It is apparent the homeowners desire singular address for their homes and the Postal Service prefers this method of addressing (ie one address per home). I would appreciate your prompt attention to this matter. Thank You For Your Time, Michael Larson, Manager Customer Services Lost Lake Branch 9705 - 45th Av N Plymouth MN 55442-9998 r