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Council Information Memorandum 03-02-1995
MARCH 2, 1995 UPCOMING MEETINGS AND EVENTS .... 1. . CITY MEETING SCHEDULE FOR MARCH: MARCH 7 8:00 P.M. COUNCIL MEETING City Council Chambers ---------------------------------------------------------------------------------------------------------- MARCH 13 7:00 P.M. SPECIAL COUNCH. MEETING - Public Safety Training Room Topic: Discussion of long range financial and capital improvement plans and funding for trails and open space programs. ---------------------------------------------------------------------------------------------------------- MARCH 21 7:00 P.M. COUNCIL MEETING City Council Chambers 2. SPECIAL ELECTIONS - HOUSE DISTRICT 33B -- TUESDAY, MARCH 7. Voting will take place at the following locations: Pct. 15 (Pilgrim United Methodist Church), Pct. 16 (Bass Lake Playfield Shelter Building), Pct. 19 (Pilgrim Lane Elementary) and Pct. 20 (Zachary Lane Elementary). Additional absentee voting hours for the special election are Saturday, March 4 from 1 - 3 p.m., and Monday, March 6 until 7 p.m. Northwest Community Television will carry live coverage of the election results on channel 12. 3. PLANNING COMMISSION -- WEDNESDAY, MARCH 8, 7:00 p.m., City Council Chambers. 4. BUILDERS & DEVELOPERS LUNCHEON -- The Building Division will host its annual luncheon meeting for builders, contractors and developers on Monday, March 13 at the Plymouth Holiday Inn. Council members are invited to attend. A copy of the meeting notice is attached. (M-4) CITY COUNCIL INFORMATION MEMO MARCH 2, 1995 Page 2 5. METRO MEETINGS ---- The weekly calendar of meetings for the Metropolitan Council and its advisory commissions is attached. (M-5) 6. MEETING CALENDARS - The March meeting calendar is attached. (M-6) 1. DEPARTMENT REPORTS a. Weekly Building Permit Report for Commercial/Industrial/Public and Use Types. (I-1) 2. MINUTES: a. Planning Commission, January 25 and February 8, 1995. (I -2a) 3. DEVELOPMENT SIGNAGE --- On February 24, two development signs were placed at the following locations: 1. Northwest of Peony Lane and the Soo Railroad Line -- (94131) School District 284 is requesting the approval of a Land Use Guide Plan Amendment to reclassify land from FRD (Future Restricted Development) to LAl (Low Density Residential). The request is for a new senior high school. 2. West of Kirkwood Lane at 18th Avenue North (at Word of Life ChurcW - (95004) New Home Services, Inc. is requesting approval of a Planned Unit Development Concept Plan for (20) 2 and 3 unit townhouses and a Land Use Guide Plan Amendment to change the land classification from a LAl (Low Density Residential) to LA3 (High -Medium Density Residential). The proposed development is being called Ponderosa Townhomes. These requests will be heard by the Planning Commission at their Wednesday, March 8, 1995 meeting. 4. NEWS ARTICLES, RELEASES, PUBLICATIONS. ETC. a. News release from Northwest Community Television on "A Touch of Class" entertainment special to be aired Tuesday, March 7. (I -4a) b. Reprint of February 24, 1995 Star Tribune article on the proposed legislative changes to the gift ban. (I -4b) c. Reprint of February 24, 1995 Star Tribune article concerning IR District 33B candidate Richard Stanek. (I -4c) 5. CITIZEN COMMUNICATIONS POLICY - CORRESPONDENCE a. Letter from Steven Chase, 11901 23rd Avenue North, regarding alley abandonment to private drive. (I -5a) b. Letter from Randy Mayer, Mayer Mobil, with regards to oil products used in City vehicles. (I -5b) CITY COUNCIL INFORMATION 1VIE110 MARCH 2, 1995 Page 3 c. Letter from Caroline Hanf, 10300 South Shore Drive, regarding closing of South Shore Drive at the Bassett Creek bridge. (I -5c) A status report on all correspondence and inquiries is also attached. 6. MEMOS & CORRESPONDENCE: a. Letter from Bill Coleman, Minnesota Dept. of Trade and Economic Development, forwarding a copy of the City's Community Profile. (I -6a) b. Letter from Governor Arne Carlson regarding his February 28 supplemental budget message. (I -6b) c. Letter from David Bussian, Director of Administration, Tricord, to Mayor Tierney, thanking the City Council and staff for assistance in the building a new facility in Plymouth. (I -6c) d. Memo from Bob Renner, Municipal Legislative Commission, on March 1 hearing on the Orfield tax equalization legislation by the House Tax and Tax Increment Financing Division of the Tax Committee. Mayor Tierney is scheduled to speak at this hearing on behalf of the MLC. (I -6d) e. Letter of appreciation from Pauline Milner, President, Plymouth Senior Citizens, for City's contribution for the rental of West Medicine Lake Community Club. (I -6e) f. Letter from Shawn Huckleby, Acting Director, U.S. Department of Housing and Urban Development, advising of the approval of the City's CDBG Consolidated Plan for Fiscal Year 1995. (I -6f) g. Letter sent to property owners along Peony Lane from Highway 55 to County Road 47. on an informational meeting scheduled for March 15 on the Peony Lane improvement project. The project is scheduled for 1995 and 1996 to serve Wayzata High School. (I -6g) h. Memo from Fred Moore regarding consideration of South Shore Drive Traffic Improvements. (I -6h) i. Memo from Anne Hurlburt regarding expanding housing opportunities in Plymouth. (I -6i) Dwight Johnson City Manager m-tA s CITY OF PLYMOUTFF February 16, 1995 TO: BUILDERS AND DEVELOPERS IN PLYMOUTH FROM: JOE RYAN, PLYMOUTH BUILDING OFFICIAL You are invited to attend a luncheon meeting with the Plymouth Building Division Staff on Monday, March 13, 1995 beginning at 11:30 a.m. at the Plymouth Holiday Inn located at 3000 Harbor Lane North, Plymouth, MN. Lunch will be provided by the City of Plymouth. The items for discussion are listed below. If you have any specific questions you would like addressed, please write it down and return it to the Building Division before March 6, 1995. We will answer as many questions as time allows. Please RSVP before March 6, 1995 by calling Carlys Schansberg at 550-5030. AGENDA 11:30 A.M. - 2:00 P.M. LUNCH WELCOME INTRODUCTION OF STAFF: EROSION CONTROL POLICY NEW WETLAND ORDINANCE ADOPTION OF 1994 STATE BLDG CODE 11:30 A.M. - 12:00 P.M. JOY TIERNEY, MAYOR OF PLYMOUTH JOE RYAN, BUILDING OFFICIAL JOE RYAN, BUILDING OFFICIAL DON MUNSON, ASST BUILDING OFFICIAL DON MUNSON, ASST BUILDING OFFICIAL 1995 PROPOSED BUILDING PERMIT JOE RYAN, BUILDING OFFICIAL FEESCHEDULE QUESTIONS: ADJOURNMENT: 1:00 P.M. We Listen • We Solve • We Care 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550-5000 M -S-- METRO MEETINGS".-, A weekly calendar of meetings and agenda items for the Metropolitan Council, its advisory and standing committees, and three regional commissions: Metropolitan Airports Commission, Metropolitan Parks and Open Space Commission, and Metropolitan Sports Facilities Commission. Meeting times and agendas are occasionally changed. Questions about meetings should be directed to the appropriate organization. Meeting information is also available on the Metro Information Line at 229-3780 and by computer modem, through the Twin Cities Computer Network at 337-5400. DATE: February 24, 1995 WEEK OF: February 27 - March 3, 1995 METROPOLITAN COUNCIL Community Development Committee - Monday, Feb. 27, Noon, Room IA. The committee will discuss: final report of the Metropolitan Radio System Planning Committee; 1996-2005 regional parks capital improvement program draft for public hearing; city of Forest Lake comprehensive plan amendment; Federal Enterprise Community funding; Blueprint progress report; and other business. Blue Ribbon Task Force on the Blueprint Handbook - Monday, Feb. 27, 2 p.m., Room IA. The task force will consider. an update on the Council's proposed Land Planning Act amendments; land supply and demand; and procedures and guidelines for housing performance review. Transportation Committee - Monday, Feb. 27, 4 p.m., Chambers. The committee will discuss: Right-of-way Acquisition Loan Fund (RALF) amendment, Outlot G. Cortina Woods, Chaska; Metro Mobility training coordinator; Northtown Transit Hub agreement and lease; Flying Cloud Airport long-term comprehensive plan; contracts with I494 Corridor Commission and the Minnesota Department of Transportation to pass through federal funds; 1995 Transit Operations capital budget; intermodal railroad terminal study; Transportation Policy Plan amendments; Transportation Accessibility Advisory Committee recommendations on trip denials; Mega Project Task Force recommendation; Airport Business Roundtable report; and other business. Public Meeting on Region -Wide Public Safety Radio System - Tuesday, Feb. 28, 7:30 a.m., United Labor Center, Room 219, 312 Central Ave., Minneapolis. Transportation Technical Advisory Committee to the Transportation Advisory Board - Wednesday, March 1, 9 a.m., Chambers. The committee will discuss: U.S. Department of Transportation reorganization; intermodal railroad study; air quality conformity; committee reports; and other business. Transportation Accessibility Advisory Committee - Wednesday, March 1, 1 p.m. Room 2A. Environment Committee - Wednesday, March 1, 4 p.m., Chambers. The committee will discuss: funding for an analysis of the effect Mississippi River nutrients have on Lake Pepin; the annual budget; the capital improvement program for Wastewater Services; Wastewater Services performance report and 1995 critical success factors; and other business. Finance Committee - Thursday, March 2, 4 p.m., Room 2A- The committee will discuss the recognition of staff for achieving three awards in financial activities; federal affirmative action transit plan; review of Council members salaries; and other business. Metropolitan Radio System Planning Committee - Friday, March 3, 9 a.m., Chambers. The committee will discuss: cost estimates for system from Ron Vegemast; report on financing of system; update on legislative activities; and other business. Legislative Coordinating Committee (TENTATIVE) - Friday, March 3, Noon, Room IA. TENTATIVE MEETINGS THE WEEK OF MARCH 6 through 10, 1995 Transportation Committee - Monday, March 6, 4 p.m., Chambers. Minority Issues Advisory Committee - Tuesday, March 7, 4:30 p.m., Chambers. Metropolitan Parks and Open Space Commission - Tuesday, March 7, 4 p.m., Room IA. Housing and Redevelopment Authority Advisory Committee - Wednesday, March 8, 930 a.m., Room 2A. Metropolitan Council - Thursday, March 9, 4 p.m., Chambers. Special Meeting of the Metropolitan Council - Thursday, March 9, immediately following Council meeting, Room 2A. (Portions of this meeting may be closed.) (RESCHEDULED FROM FEB. 23) Committee of the Whole - Thursday, March 9, immediately following Council meetings, Room IA. (TENTATIVE) Legislative Coordinating Group - Friday, March 10, Noon, Room IA. The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St., St. Paul. Meeting times and agenda are subject to change. For more information or confirmation of meetings, call 291-6447, (TDD 291-0904). Call the Metro Information Line at 229-3780 for news of Council actions and coming meetings. METROPOLITAN AIRPORTS COMMISSION Metropolitan Airports Commission offices are located at 6040 28th Av. S., Minneapolis, MN 55450. For more information, call Lynn Sorensen at 726-8186. METROPOLITAN SPORTS FACILITIES COMMISSION The Metropolitan Sports Facilities Commission office is located at 900 South 5th St., Minneapolis, MN 55415. All meetings are held in the Commission office conference room, unless noted otherwise. Meeting times and agendas occasionally may be changed To verify meeting information, please call Tamra Sharp, 335-3310. METROPOLITAN PARKS AND OPEN SPACE COMMISSION Metropolitan Parks and Open Space Commission offices are located at Mears Park Centre, 230 E. Fifth St., St. Paul, MN 55101. Meeting times and agenda may occasionally be changed To verify meeting schedules or agenda items, call 291-6363. OFFICIAL CITY MEETINGS March 1995 Sunday Monday Tuesday February April S M T W T F S S M T W T F S 1 2 3 4 1 5 6 7 8 9 10 ll 2 3 4 5 6 7 8 12 13 14 15 16 17 18 9 10 11 12 13 14 15 16 17 18 19 20 21 22 19 20 21 22 23 24 25 23 24 25 26 27 28 29 26 27 28 30 Wednesday Thursday Friday Saturday 1 2 3 4 City Center Counter Open for Absentee Voting1- 3 m. p 7:30 PM HUMAN RIGHTS COMMISSION - Pub. Safety Trainin Room g 5 6 City Center Counter Open to 7p.m. -Absentee Voting 7 8 9 10 11 SPECIAL ELECTION - HOUSE DIST. 33B 7:00 PM PLANNING COMMISSION - Council Chambers :00 PM. =COUNCIL MEETING- Council Chalnhers ,�r 12 13 14 15 16 7:00 PM HRA - Council Chambers PM PRAC - Council Conf. Room 17 18 00 PM SPECIAL COUN CIL MEETING- Pnb *tty- i7t� ' '. 5:00 PM Open Space Com -7:00 mittee - Council Conf. Rnt7:00 7:00 PM WATER QUAL- ITY COMMITTEE - Pub. Safety Trng Room PM PAC Pub. Safety Lib 19 20 21 22 23 24 25 7:00 PM COUNCIL MEET ING COU"' i,,, i!Ambers 5:00 PM Youth Sports Committee - Council ConE Rm. 7:00 PM BOARD OF ZONING - Council Chambers 8:30 AM HRA - Town Square 7:00 PM PLANNING COMMISSION - Council Chambers 26 27 28 29 30 31 3/2/95 u ( DATE: MARCH 2, 1995 TO: DWIGHT JOHNSON, CITY MANAGER FROM: CARLYS SCHANSBERG, DATA CONTROL/INSPECTION CLERK SUBJECT: BUILDING PERMIT ISSUED REPORT FOR COMMERCIAL/INDUSTRIAL/PUBLIC & CHURCH USE TYPES WEEK OF FEBRUARY 23, 1995 THROUGH MARCH 3, 1995 PERMIT #65166 WAS ISSUED TO WELSH CONSTRUCTION FOR AN INTERIOR REMODEL AT 14800 28TH AVENUE NORTH, VALUATION $120,000.00. PERMIT #64138 WAS ISSUED TO OPUS CORPORATION FOR A FINGERHUT TENANT FINISH AT 6150 TRENTON LANE NORTH, VALUATION $1,500,000.00. PERMITLIST LIST OF PERMITS ISSUED PAGE 1 03/02/95 AGING DAYS FROM 02/23/95 TO 03/01/95 PIN NUMBER CLASS OF WORK DATE PERMIT # APPLICANT NAME LEGAL USE TYPE ISSUED ERMT.TYPE SITE ADDRESS DESCRIPTION OUTLOT/TRACT UNIT# -------------------------------------------------------------------------------- STATE LICENSE # VALUATION TOTAL FEE 01 118 22 42 0012 NEW CONST 03/01/95 65156 PRIME BLDRS LOT BLK MULTI -FAMILY BUILDING 1 2 HICKORY HILLS VILLAS 0001046 $286,000.00 $9,672.32 \ /21 118 22 42 0018 ALTERATION 02/23/95 65166 j( WELSH CONST LOT BLK COMMERCIAL BUILDING _ \14800 28TH AVE N LLS21QQ420018 $120,000.00 $1,230.67 34 118 22 34 0028 ALTERATION 02/23/95 65176 BISSONETT CONST SERVICES LOT BLK COMMERCIAL BUILDING 13805 1ST AVE N 1 2 CARLSON CTR STH $9,300.00 $197.70 20 118 22 22 0015 ALTERATION 02/24/95 65194 TROY A & LORI L HAMLIN LOT BLK SFD BUILDING 17435 34TH AVE N 1 2 SEVEN PONDS 2ND $3,500.00 $105.70 15 118 22 34 0005 ALTERATION 03/01/95 65232 WELSH CONST LOT BLK COMMERCIAL BUILDING 3800 ANNAPOLIS LA N 1 1 PLYMOUTH BUS CTR 2ND $40,000.00 $596.67 21 118 22 31 0010 ALTERATION 02/27/95 65233 WELSH CONST LOT BLK COMMERCIAL BUILDING 3050 RANCHVIEW LA N 6 1 PLAYHOUSE IND PK 2ND $4,000.00 $105.95 12 118 22 32 0010 ADDITION 02/23/95 65234 MARTINS MISC LOT BLK SFD BUILDING 4835 WELLINGTON LA N 4 2 SKY LINE HILLS UNIT #1 0017447 $13,824.00 $259.36 PERMITLIST 03/02/95 LIST OF PERMITS ISSUED AGING DAYS FROM 02/23/95 TO 03/01/95 = PAGE 5 PIN NUMBER CLASS OF WORK DATE PERMIT # APPLICANT NAME LEGAL USE TYPE ISSUED ERMT.TYPE SITE ADDRESS DESCRIPTION OUTLOT/TRACT UNIT# STATE LICENSE # VALUATION TOTAL FEE -------------------------------------------------------------------------------- 14 118 22 22 0022 NAGELL CONST 12410 43RD AVE N 0001134 118 22 11 0004 OPUS CORP 6150 TRENTON LA N 08 118 22 41 0027 LUNDGREN BROS CONST 4735 YUMA LA N 0001413 15 118 22 34 0006 RAK CONST 3650 ANNAPOLIS LA N O1 118 22 42 0012 PRIME BLDRS 5584 NATHAN LA N 0001046 NUMBER OF RECORDS 33 ALTERATION LOT BLK SFD 13 2 SWAN LK 03/01/95 65429 BUILDING $12,000.00 $228.75 NEW CONST 02/28/95 64138 LOT BLK COMMERCIAL BUILDING 2 1 BASS CREEK BUSINESS PARK 3RD $1,500,000.00 $12,729.67 NEW CONST 02/27/95 64960 LOT BLK SFD BUILDING 14 1 AUTUMN HILLS 2ND $180,337.00 $3,463.12 ALTERATION 03/01/95 65148 LOT BLK COMMERCIAL BUILDING 2 1 PLYMOUTH BUS CTR 2ND $5,500.00 $1,986.40 NEW CONST 03/01/95 65154 LOT BLK MULTI -FAMILY BUILDING 1 2 HICKORY HILLS VILLAS $286,000.00 $9,672.32 CITY OF PLYMOUTH PLANNING COMMISSION MINUTES JANUARY 25,1995 The regular meeting of the Plymouth Planning Commission was called to order at 7:00 p.m. by Chairman Stulberg. MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Barb Stimson, Virginia Black, Christian Preus, Ed Albro, Linda Oja, Allen Ribbe MEMBERS ABSENT: STAFF PRESENT: Director Anne Hurlburt, City Engineer Dan Faulkner, Planning Supervisor Barbara Senness, Senior Planner John Keho, Planner Shawn Drill and Housing Technician Denise Hutt MINUTES MOTION by Chairman Stulberg, seconded by Commissioner Ribbe to approve the January 11, 1995 minutes. Vote. 5 Ayes. Commissioners Albro and Black abstained. MISSION PARTNERS (94158) Chairman Stulberg introduced the request by Mission Partners for a PUD Amendment Concept Plan, Preliminary Plat and Preliminary Plan for Mission PUD located in the southeast quadrant of Old Rockford Road and 41st Avenue. Senior Planner Keho reviewed the January 12, 1995 staff report presenting Commissioners with an amendment to the Engineer's Memo Special Condition #25 F. should read "All the house roofs facing toward the street and driveways shall be directed to NURP ponds except for Lot 4, Block 2, unless alternative treatment is provided." Senior Planner Keho pointed out that the applicant included 35 -foot front yard setbacks for all lots except one. Subsequent to the submission of the application, the City adopted the new Wetland Ordinance. As part of the new ordinance, the standard front yard setback was reduced from 35 feet to 25 feet in all single family districts. He said that although the City cannot require the applicant to meet the new regulations regarding wetland buffers and setbacks, staff recommends reducing the front yard setback to 25 feet. The reduction of the front yard setback would provide the applicant greater flexibility in attempting to comply with the intent of the new Wetland Ordinance. z� Planning Commission Minutes January 25, 1995 Page #10 Chairman Stulberg introduced Rick Sathre, representing the petitioner. Mr. Sathre stated the issue of the trail placement will be discussed with staff. Mr. Sathre gave a brief history of the Mission PUD stating it was the first PUD in Plymouth. He presented graphics showing what the land looked like after it was purchased. Approximately one-half of the original PUD was purchased for French Regional Park. The PUD Plan originally intended to place 80 multi -family units for the western portion of the property indicated in this application and 23 multi -family units on the eastern portion. They are now requesting 20 single family homes on the western portion and 6 single family homes on the eastern portion. Chairman Stulberg asked if the applicant has seen the amendment to the Engineer's Memo. Mr. Sathre replied the applicant agrees with the amendment to the Engineer's memo. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Bob Donley of 11740 38th Avenue North. Mr. Donley stated his support for the project, but was concerned that there is no sidewalk required along 41st Avenue, and that the setbacks should be 35 feet instead of 25 feet to be consistent with the existing setbacks in the PUD. Chairman Stulberg introduced Philip Rustad of 4205 Evergreen Lane. Mr. Rustad was concerned that the grading would cause a runoff onto his property. He asked is the existing hill along the western edge of the property would remain or be graded. Chairman Stulberg introduced Brad Schulz of 4245 Evergreen Lane. Mr. Schulz asked if the eight -foot wide trail that is proposed along his easement will take out any trees. Chairman Stulberg closed the public hearing. Chairman Stulberg questioned why staff is recommending the 25 foot setback. Senior Planner Keho explained that the Wetland Ordinance reduced the standard front yard setback from 35 feet to 25 feet in all single family districts, thus staff is hoping it will encourage the developer to move the homes further away from the wetlands and avoid grading closer to the wetlands. Planning Commission Minutes January 25, 1995 Page #11 Senior Planner Keho stated staff discussed construction of a sidewalk with the petitioner, but the City cannot require it since it is not on the City Trail Plan. City Engineer Faulkner responded to the grading issue raised by Mr. Rustad stating that no off-site grading can take place. There will be grading of ponds on-site, but the storm drains will be treated and controlled and taken to the NURP pond with outflow through the existing wetland. Mr. Sathre stated the homes built will buffer one neighborhood from the other. The final grading plan has not been completed, but they will be working with staff and will leave as much of the hill as prudent to reduce the visual view north and south. Mr. Sathre responded to Mr. Schulz's question about trees being taken out. He indicated that no trees would be removed along 41st Avenue. He stated at this point, he was unsure of what will be required for the trail, but it will be along Old Rockford Road west to French Park. Senior Planner Keho added that the area east of the site is already developed and the City could not require a trail. Mr. Sathre stated that if a sidewalk would be required, it should be on the south side of 41 st Avenue, but he hoped there would not be a need for it. Chairman Stulberg asked Mr. Sathre if existing lots would be disturbed by the grading for the NURP pond. Mr. Sathre replied that there will be a silt fence and there should be no disturbance of the wetland or property to the east. Commissioner Oja asked what is being planned for tree replacement. Mr. Sathre responded that a Landscape Plan has not been prepared, but anticipates cluster buffers with shrubs and evergreen trees at entrance areas. Also, there will probably be maple, ash, and oak trees placed along cul-de-sacs. Mark Anderson of Lundgren Bros. Construction presented graphics of preliminary landscape plans for the development. The graphics showed cluster areas with shrubs and evergreen trees at the entryway and trees along the cul-de-sac and setback areas, and clusters and berm along the corners. Chairman Stulberg asked if additional trees can be saved because of the reduced setbacks. Mr. Sathre replied that there is a potential to save some trees by movement of the grading limit line because of the reduced setbacks. Planning Commission Minutes January 25, 1995 Page #12 Commissioner Albro pointed out a potential safety hazard with the proposed cluster landscaping at the entrance to the cul-de-sac at Goldenrod and 41st Avenue. City Engineer Faulkner confirmed it would be a potential safety hazard and stated staff would be reviewing the Landscape Plan once it is submitted. Commissioner Preus questioned what setback standards the applicant should be complying with. Senior Planner Keho responded that this request is for a PUD, which gives flexibility to the setback standards. Director Hurlburt added that if it was not a PUD request, the 25 foot setback requirement would apply. Commissioner Albro stated the 25 foot setback would give the developer more flexibility, while the number of lots would stay the same. MOTION by Commissioner Ribbe, seconded by Commissioner Oja to recommend approval of the request by Mission Partners for an Amended PUD Concept Plan, Preliminary Plan/Plat, Final Plan/Plat and Conditional Use Permit located in the southeast quadrant of Old Rockford Road and 41st Avenue North, subject to all conditions listed in the January 12, 1995 staff report. MOTION by Commissioner Oja, seconded by Commissioner Black to amend the resolution adding a condition that the applicant must submit a Landscape Plan for staff approval of tree replacement. Chairman Stulberg asked staff if it is already procedure for the applicant to submit a Landscape Plan. Senior Planner Keho responded that they would not have to submit for single family dwellings. Commissioner Oja voiced her concern about the number of trees being taken out and would like some assurance about the number of trees that would be replaced. She stated she would not expect a one-for-one replacement, but half would be appropriate. Director Hurlburt commented that the City does not currently have an ordinance requiring tree replacement. She stated staff is concerned about sight distance for berms and will be reviewing the plan once submitted. = QC -1-1 Planning Commission Minutes January 25, 1995 Page #13 Commissioner Black stated a greater effort should be made to replace the trees since this proposed development is located next to French Park in order to protect the natural habitat. Commissioner Preus concurred with the proposed amendment, but was concerned with direction to staff being vague. He stated staff has no guidelines or standards to follow to measure compliance. Commissioner Stimson stated the Board has not required a specific number of replacement trees for any other project before, so it would not be appropriate to start now. Chairman Stulberg stated he would vote against the proposed amendment, as it would be more appropriate to require that the grading limit line be moved 10 feet to save additional trees. Director Hurlburt stated the City Council has set up a subcommittee for tree preservation to decide a ratio for tree replacement. She indicated it would be appropriate for Commissioners to add a condition that the Landscape Plan must be approved by staff, but not require a specific number of trees be replaced. MOTION by Chairman Stulberg, seconded by Commissioner Ribbe to add Condition #13 to the approval resolution for the RPUD Preliminary Plan/Plat stating where there is a 25 foot setback, the grading limit line shall be moved 10 feet, with the exception of Lot 6, Block 2. Roll Call Vote on first MOTION to Amend. Vote. 2-5. Commissioners Black and Oja voted Aye. MOTION failed. Roll Call Vote on second MOTION to amend. Vote. 7 Ayes. MOTION carried on a unanimous vote. Roll Call Vote on Main MOTION. 7 Ayes. MOTION carried on a unanimous vote. BEAUTIFUL SAVIOR LUTHERAN CHURCH (94160) Chairman Stulberg introduced the request by Beautiful Savior Lutheran Church for Rezoning, Site Plan, Conditional Use Permit and Variance for property located at the northwest corner of Northwest Boulevard and Schmidt Lake Road. Senior Planner Keho reviewed the January 20, 1995 staff report pointing out that this application was submitted prior to the adoption of the new Wetland Ordinance and is therefore subject to the Interim Wetland Regulations. The applicant has shown that the building and parking areas would be set back a minimum of 60 feet from the edge of the :�LG` Planning Commission Minutes January 25, 1995 Page #14 delineated wetland. The setback meets the Interim regulations and would meet the new Ordinance requirements as well. Senior Planner Keho stated the site is 36.17 acres and the applicant is requesting a Variance, as the maximum lot size for a non-residential use in this area is 10 acres. Also, the applicant is requesting an additional 15 percent relief from park dedication fees because they are proposing to provide amenities to residents of Plymouth. Commissioner Oja asked if the amenities provided have been decided upon to reduce the park dedication fees. Senior Planner Keho responded that it is a condition in the resolution, but that it would be worked out between the Park and Recreation Department and the applicant at a later date. Chairman Stulberg introduced Nate Rath en of 10115 48th Avenue North, representing the petitioner. Mr. Rathjen stated he is the President of Beautiful Savior Lutheran Church and they are looking forward to moving to Plymouth. Chairman Stulberg introduced Ms. Judith Hoskens, architect for the project. Ms. Hoskens gave an overview of the proposal stating phase one will consist of 32,000 square feet for 20 classrooms/education spaces, family life center (multi-purpose space, sanctuary, gym space for community use, banquets and musical groups). The access will be off Northwest Boulevard. Phase two will add the Schmidt Lake Road access. Commissioner Preus asked if the gym would be available for public use as an amenity to reduce the park dedication fees. Senior Planner Keho replied that it can be a combination of the ballfields, gym, and meeting space for City use. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Jan Draman of 13125 54th Avenue North. Ms. Draman stated she was concerned with the size of this project in a residential neighborhood and the added traffic it could generate. She stated this should not be approved just because the applicant is offering use of amenities. Chairman Stulberg closed the public hearing. Planning Commission Minutes January 25, 1995 Page #15 City Engineer Faulkner stated the proposal is consistent with the guiding therefore, a traffic study was not required. He added with two minor arterial streets and the peak times for the church should not be the same as the normal weekday peak traffic, he did not anticipate any problems. Chairman Stulberg explained that the use of amenities in lieu of park dedication fees has no bearing on whether the application gets a favorable recommendation by the Planning Commission. It is the applicant's right to take advantage of the Park Dedication Policy. Senior Planner Keho stated of the 36.17 acres, only 21 acres are buildable as the site has a considerable amount of wetlands. He stated any further construction would require a Conditional Use Permit and a public hearing. Commissioner Oja questioned if one access would be adequate for 250 parking spaces. She asked if the City would approve traffic control lights at the intersection if the applicant requests it. City Engineer Faulkner replied if a traffic problem occurred, the applicant would have to construct the Schmidt Lake Road access. He added the County would have jurisdiction over the traffic lights at that intersection. Commissioner Albro asked if the will proposing a day care for the site, as that will add additional traffic during peak hours. Senior Planner Keho responded that the application is for church use only, and if they wanted a private school, they would have to make application for that use. Mr. Rathjen stated the current proposal is for classrooms on Sunday mornings and Wednesday evenings. There may be the need for a day care or nursery use at some point. Commissioner Oja asked if there is any landscaping planned for around the building. Ms. Hoskens replied that prairie sod will be placed around the building to blend into the neighborhood, with additional landscaping being added as funds become available. MOTION by Commissioner Black, seconded by Commissioner Preus to recommend approval of the request by Beautiful Savior Lutheran Church for Rezoning, Site Plan, Conditional Use Permit and Variance for property located at the northwest corner of Northwest Boulevard and Schmidt Lake Road, subject to all conditions listed in the January 20, 1995 staff report. Roll Call Vote. 7 Ayes. MOTION carried on a unanimous vote. Planning Commission Minutes January 25, 1995 Page #16 CITY OF PLYMOUTH - ZONING ORDINANCE AMENDMENT (95002) Director Hurlburt gave an overview of the January 18, 1995 staff report. Commissioner Albro questioned if notices are mailed out to property owners for administrative approvals. Director Hurlburt stated that administrative approvals do not require notices, as they are deemed to be matters that are small in nature and not of concern to a residential neighborhood. Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the issue. MOTION by Commissioner Stimson, seconded by Commissioner Albro to recommend adoption of the City of Plymouth, Zoning Ordinance Amendment for Notifications for Various Applications. Roll Call Vote. 7 Ayes. MOTION carried on a unanimous vote. Chairman Stulberg called a recess at 8:44 p.m. The meeting was reconvened at 8:54 p.m.. FEC CONSTRUCTION (94156) Chairman Stulberg introduced the request by FEC Construction for a Lot Division and Variance for property located at 16705 12th Avenue North. Senior Planner Keho reviewed the January 20, 1995 staff report. Chairman Stulberg introduced Ralph Burgess, president of FEC Construction. Mr. Burgess stated FEC Construction builds high quality homes that are beneficial to a neighborhood. He stated the lot sizes are adequate and the homes will be positioned on the lots so they would be unatrusive to the adjoining homes to produce adequate privacy. Chairman Stulberg presented a FAX dated January 25, 1995 from Janel E. LaBoda of 16815 12th Avenue North. Ms. LaBoda's letter stated she was strongly opposed to the variance request and it should be denied. She stated the variance would result in an increase in traffic and a decrease in privacy. She indicated that FEC Construction's concerns are purely economic and they are seeking the greatest financial return on their investment. Chairman Stulberg introduced Dan Aldrich of 1200 Dunkirk Lane. -=- -Qc%- Planning Commission Minutes January 25, 1995 Page #17 Mr. Aldrich. presented a petition signed by 19 neighbors that were opposed to the variance request. He stated the variance would add additional traffic and noise and would decrease privacy and the beauty of the area. He was concerned that if this variance was granted, it would create a domino effect along the lake. Chairman Stulberg introduced Brian Knox of 16725 12th Avenue North. Mr. Knox stated his opposition to the proposed variance. He stated this request is for financial gain and was concerned with the lot configuration if they decided to put up a fence. Chairman Stulberg introduced Larry Berg of FEC Construction. Mr. Berg stated the City has granted variances in the past for unusual shaped lots. He added the request more than meets the City's requirements and would bolster the home values in the neighborhood. He stated the zig-zag lot came from having to accommodate the Department of Natural Resources. Mr. Burgess added people hate to see vacant lots built, but that is progress. Commissioner Albro asked if the City has any history on this lot, and if it was originally an outlot. He also asked if the lot was configured this way when the owner purchased it. Senior Planner Keho replied that he is not familiar with the history of this lot. Mr. Burgess responded that the lot configuration was this way when the current owner purchased it in 1986 or 1987. MOTION by Commissioner Albro, seconded by Commissioner Oja to recommend denial of the request by FEC Construction of a Lot Division and Variance for property located at 16705 12th Avenue North based on Condition #3 of the Variance Standards. Commissioner Preus stated he was inclined to agree with the motion unless the petitioner has another purpose besides financial gain for this proposal. Mr. Burgess responded that splitting the lot would increase the value of the lots and the surrounding properties. Commissioner Black commented this request does not meet Conditions #2, 3, or four of the Variance Standards. MOTION by Chairman Stulberg, seconded by Commissioner Preus to amend the denial resolution to add Condition #4 from the Variance Standards. Planning Commission Minutes January 25, 1995 Page #18 Roll Call Vote on MOTION to amend. 7 Ayes. MOTION carried on a unanimous vote.. Roll Call Vote on Main MOTION. 7 ayes. MOTION carried on a unanimous vote. OTHER BUSINESS Councilmember Tim Wold introduced himself to Commissioners as the liaison to the City Council. Chairman Stulberg asked when new Commissioners would be appointed for Planning Commission. Councilmember Wold replied Commissioners with expiring terms would not need to be interviewed and will not be contacted if their term is to be renewed. Appointments should be made at the February 7, 1995 City Council meeting. Director Hurlburt stated the current Planning Commissioners will serve at the February 8, 1995 Planning Commission meeting. Commissioner Black asked if there would be a followup to the letter received by Dennis Holmquist regarding the New Wetlands Ordinance. Director Hurlburt stated a response will be prepared and the Commissioners will be sent a copy of the response. Commissioner Black requested a memo indicating the 1995 meeting dates for Planning Commission. MOTION by Commissioner Black, seconded by Commissioner Preus to adjourn. The meeting adjourned at 9:40 p.m. CITY OF PLYMOUTH PLANNING COMMISSION MINUTES February 8, 1995 The regular meeting of the Plymouth Planning Commission was called to order at 7:00 p.m. by Chairman Mike Stulberg. MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Barb Stimson, Virginia Black, Christian Preus, Ed Albro, Linda Oja, and Allen Ribbe MEMBERS ABSENT: None STAFF PRESENT: Director Anne Hurlburt, Public Works Director Fred Moore, Planning Supervisor Barb Senness, Planner Shawn Drill, and Housing Technician Denise Hutt LUNDGREN BROS. -SOO LINE WEST (94162) Planning Supervisor Senness indicated that this request has been postponed to the February 22, 1995 meeting. AMENDMENT OF THE COMPREHENSIVE PLAN FOR THE ALIGNMENT OF SCHMMT LAKE ROAD AND DESIGNATION OF HOLLY LANE (94157) Chairman Stulberg introduced the request by the City of Plymouth for an Amendment to the Transportation Element of the Comprehensive Plan for the realignment of Schmidt Lake Road and extension of Holly Lane. Planner Shawn Drill gave an overview of the January 30, 1995. Chairman Stulberg opened the public hearing. Chairman Stulberg read a letter dated February 6, 1995 from B.C. "Jim" Burdick. The letter stated that Mr. Burdick and his brother Ronald T. Burdick own the parcel of land located at the northeast corner of the Soo Line and Holly Lane. Mr. Burdick stated he supports the extension of Schmidt Lake Road along either of the northerly routes as outlined by the Schmidt Lake Road/Peony Lane Alignment Study City Project No. 315. He stated he would appreciate it if the extension could be shifted 50 feet to the north and thus eliminate any condemnation of his property. Chairman Stulberg introduced Lisa Gustafson of 5185 Holly Lane. Planning Commission Minutes February 8, 1995 Page #20 Ms. Gustafson presented a letter dated February 7, 1995 on behalf of a Neighborhood Action Group representing three persons. Ms. Gustafson stated their objections are based on the following: The routing had been presented to the voters as a southern route for years; significantly more residents would be affected by the northern than the present southern route; the northern route would be more expensive; wetlands and wildlife habitat would be more severely impacted than with the present southern route. Chairman Stulberg introduced Mr. Robert Jurmy of 4955 Holly Lane. Mr. Jurmy stated that his main concern is what access he would use as he lives at the dead end to the south on Holly Lane. Chairman Stulberg introduced Ms. Deborah Quanbeck of 5155 Holly Lane. Ms. Quanbeck wanted to know the difference between the northern versus the southern route and its effect of the environment and wildlife. She also asked what the road distance would be from the railroad tracks. Chairman Stulberg introduced Mr. Tom Quanbeck of 5155 Holly Lane. Mr. Quanbeck stated he would prefer the southern route so it would not go through his property, but instead go through the undeveloped property. He stated more time should be spent considering the extension of Holly Lane. He added that the reconstruction costs for the golf course would be minimal compared to the two million for the railroad, and that the City has no assurances that the golf course would remain as a golf course. Mr. Quanbeck asked where the first overpass is as indicated in the staff report. He also asked to be notified of any meetings concerning this issue. Chairman Stulberg introduced Mr. Dan Wuollet of 4949 Holly Lane. Mr. Wuollet stated he was concerned how the extension of Holly Lane would affect persons to the north. Chairman Stulberg introduced Mr. Harry Wickman of 4935 Holly Lane. Mr. Wickman stated he owns the five acre parcel of undeveloped land that Mr. Quanbeck was referring to and he would prefer that Schmidt Lake Road does not go through his property. He stated it would be better to go through Mr. Quanbeck's property, as the land is at a higher elevation and would not disturb the wetlands. He also indicated he would like to be notified of any meetings regarding this issue. Planning Commission Minutes February 8, 1995 Page #21 s a�- Ms. Gustafson stated that the old Thoroughfare Guide Plan Map showed Holly Lane going directly north and not jogging off to the west. Ms. Gustafson stated she also wants to be notified of any meetings pertaining to this issue. Chairman Stulberg closed the public hearing. Director Moore explained that the Thoroughfare Guide Plan does not indicate exact placements of roads, it is only a general alignment indicating where the need for roads will be. He responded that there would be an access for persons who live north on Holly Lane. He stated that with the proposed Land Use Guide Plan, there is a need for Holly Lane to extend south of Rockford Road and north to Schmidt Lake Road, but there are no exact details yet. He indicated that the exact alignment would be discussed as developments are proposed for the area. Director Moore stated that this project is not currently in the five year Capital Improvement Plan, but that the City Council could move it -up if they choose to. Further, he stated that Dunkirk Lane is a minor collector street and he did not know what the exact alignment would be, but that it would continue north to cross the railroad tracks. Director Moore stated that the City has no control over the railroad, as they are governed by Interstate Commerce. Director Hurlburt responded to Mr. Quanbeck's question as to where the first overpass is, stating that the first overpass was approved with the proposal from the Wayzata School District and will be an overpass at Peony Lane. Commissioner Ribbe asked what the cost difference would be between the alternative routes. Director Moore responded that the northerly route would cost about $3,400,000 compared to a cost of about $1,700,000 for the southerly route. He explained that half of the cost differential is due to the railroad overpass, and the other half is related to increased grading. Director Moore did not really know what the approximate cost would be for Alternative B, but it would require acquisition of a portion of the existing golf course. Commissioner Preus asked what the difference of distance is between the different alternatives. Director Moore responded the difference would be approximately 1200 feet. Planning Commission Minutes February 8, 1995 Page #22 Commissioner Ribbe asked what the disadvantages of would be of Alternative B. Director Moore replied that Alternative B would impact the Hollydale Golf Course, wetlands and the railroad. It would also create an undesirable situation at the Holly Lane railroad crossing in both geometrics and traffic volumes. Ms. Gustafson asked if Holly Lane has been changed to go southerly and meet with Dunkirk Lane. Director Moore responded that it is possible Holly Lane will extend north, but it will not be fmalized for north or south alignment until development is proposed for that area. Commissioner Albro asked if there are any plans for Peony Lane since the new high school has been approved and that area was just zoned residential. Director Hurlburt replied that eventually Peony Lane will be four lanes. She stated that the traffic generated for that area will be from the high school and the homes being built in that area. Director Moore stated as a minor arterial, Schmidt Lake Road is projected to carry 5,000 vehicles per day in the year 2010, and 17,000 to 21,000 vehicles per day under ultimate development conditions. He explained that changing the Land Use Guide Plan from industrial to residential lowered the traffic usage by 300 vehicles per day. He stated that the estimated traffic for full urban development for this area of Plymouth is 17,000 vehicles per day. Planning Supervisor Senness stated that staff is currently looking at a proposed plat located just west of Vicksburg Lane, and will make sure that there is sufficient berming along that area. Commissioner Preus questioned who assumes the financial burden of the project. Director Moore replied that there is State aid assistance, but it won't be sufficient to cover the entire cost. He added that tax increment financing may be a possibility. Ms. Gustafson asked if the homeowner will we be assessed for the realignment. Director Moore responded that the only assessment for single family dwellings would be for curb and gutter for property that directly abuts the road. Director Hurlburt announced that all persons filling out a blue card for the meeting will be added to the mailing list and notified of any meetings pertaining to this issue. or_,_ Planning Commission Minutes February 8, 1995 Page #23 MOTION by Commissioner Stimson, seconded by Commissioner Ribbe to recommend approval of the request by the City of Plymouth for an Amendment to the Transportation Element of the Plymouth Comprehensive Plan relating to the realignment of Schmidt Lake Road and the extension of Holly Lane North. Roll Call Vote. 7 Ayes. MOTION carried unanimously. U.S. WEST BUSINESS RESOURCES (94161) Chairman Stulberg introduced the request by U.S. West Business Resources for a Conditional Use Permit to allow construction of a 23 foot high radio antenna for property located at 9700 Schmidt Lake Road. Planner Drill gave an overview of the January 31, 1995 staff report. Chairman Stulberg introduced Larry Raasch, representing the petitioner. Mr. Raasch stated he concurs with the staff report and the conditions listed. Chairman Stulberg opened and closed the public hearing as no one was present to speak on the issue. MOTION by Commissioner Ribbe, seconded by Commissioner Preus to recommend approval of the request by U.S. West Business Resources for a Conditional Use Permit to allow construction of a radio antenna for property located at 9700 Schmidt Lake Road, subject to all conditions listed in the January 31, 1995 staff report. Roll Call Vote. 7 Ayes. MOTION carried unanimously. Commissioner Stimson mentioned that there continues to be a problem with on-site construction trailers at the Prudential facility located on Bass Lake Road. Director Hurlburt responded that staff will look into it. STATE FARM INSURANCE (94166) Chairman Stulberg introduced the request by State Farm Mutual Automobile Insurance Company for an MPUD Final Site Plan Amendment for property located at the northwest corner of Plymouth Boulevard and 37th Avenue North. Planner Drill gave an overview of the February 1, 1995 staff report. Planning Commission Minutes February 8, 1995 Page #24 Chairman Stulberg questioned why the petitioner was requesting a fence. Planner Drill responded that he thought is was a liability issue for the petitioner. Commissioner 0j wondered if having a fence would cause more of a safety hazard rather than leaving it the way it is currently, as it would take rescue personnel longer to climb over a fence. Chairman Stulberg referred to a letter submitted with the staff report by Public Safety Director Gerdes stating that this proposed fence would not pose a safety hazard. MOTION by Commissioner Stimson, seconded by Commissioner Preus to recommend approval of the request by State Farm Mutual Automobile Insurance Company for a MPUD Final Site Plan Amendment for the property located at the northwest corner of Plymouth Boulevard and 37th Avenue North, subject to all conditions listed in the February 1, 1995 staff report. Vote. 6 Ayes. (Commissioner Oja voted nay.) MOTION carried on a 6-1 Vote. Supervisor Senness clarified that staff was presuming the request by the petitioner was a liability issue, as the petitioner did not indicate anything in their application. Chairman Stulberg suggested that staff ask the petitioner the reason for the application before the item is heard by the City Council. OTHER BUSINESS Chairman Stulberg wanted to know what items will be heard by the Planning Commission at upcoming meetings. Supervisor Senness responded that the proposal from Lundgren Bros. concerning Soo Line West is slated for the February 22nd meeting. Director Hurlburt informed the Commissioners that the City Council adopted an interim ordinance temporarily prohibiting drive-through businesses and loading docks at certain locations. She stated that staff will be publishing a notice for the public hearing on this issue. Chairman Stulberg asked what staff expected from the Commissioners regarding the issue of fencing around NURP ponds. Planner Drill replied that staff will be proposing a policy within the next few weeks for City Council approval and will forward that information to the Planning Commission. - C-;144-- Planning Za` Planning Commission Minutes February 8, 1995 Page #25 Chairman Stulberg thanked Commissioner Albro for his dedication and hard work during his tenure on the Planning Commission. Director Hurlburt stated the February 22, 1995 meeting will also be the annual meeting for the Planning Commission. Supervisor Senness stated the proposal from Wayzata High School should be back to the Planning Commission for the Rezoning and PUD application sometime in April. Motion by Commissioner Oja, seconded by Commissioner Ribbe to adjourn the meeting. Vote. 7-0. MOTION carried unanimously. The meeting was adjourned at 8:10 p.m. NORTHWEST xl, COMMUNITY TELEVISION 6900 Winnetka Ave. N., Brooklyn Park, MN 55428 (612) 533-8196 N E W S R E L E A S E For Immediate Release 2/27/95 For More Information Contact -'.Tom Hayes --:---533-8196 ENTERTAINMENT SPECIAL ON CABLE 12 Bored with your usual entertainment? If you're looking for something new and different to do, sample entertainment options exclusive to the northwest area on this month's Cable 12 Special. "A Touch of Class" features fine dining, theatre, art, and music. Host Tom Hayes will be making his first stop at Earle's in Brooklyn Center for a gourmet meal. After dining, Tom will then head to tha Plymouth Playhouse to chat with actors behind the scenes of "A Closer Walk with Patsy Cline". If art is your idea of the high life, visit with artists currently displaying their work in the watercolor exhibit at the Robbin Gallery in Robbinsdale. The last stop of the evening will be Ivories where Tom will visit with an area "Piano Man". If you're searching for the finer things in the northwest cities, tune in to "A Touch of Class" on Tuesday, March 7, at 9:00pm, on Channel 12. It's entertainment at its best! — 30 — Cable 12 is a service of Northwest Community Television, an independent, nonprofit organization which manages public access and local origination operations in the northwest suburbs of Minneapolis. The service area includes 51,000 homes in Brooklyn Center, Brooklyn Park, Corcoran, Crystal, Golden Valley, Hanover, Maple Grove, Medicine Lake, New Hope, Osseo, Plymouth, Robbinsdale, and Rogers. Brooklyn Center 9 Brooklyn Park . Crystal . Golden Valley . Maple Grove . New Hope • Osseo . Plymouth . Robbinsdale FRIDAY/February 24/1995 Legislators seek to loosen the restrictions ongift ban By Dane Smith Staff Writer tr St. Paul caterers and lonely legislators, take heart. i ' g Ag h, Shit LEGISLATURE One year after passing one of the tough- est bans in the nation on gift -giving to elected officials, senior legislative leaders in both parties are proposing changes that would allow partial resumption of the wining -and -dining game at the State Capitol. Complaining that the free -food ban is "chilling" relationships and causing "dis- comfort" to constituents, lobbyists and legislators, Senate Majority Leader Roger Moe, DFL -Erskine, and Senate Minority Leader Dean Johnson, IR -Willmar, are sponsoring a bill that would allow legisla- tors to accept free meals and gifts, under certain conditions. The law enacted last year prohibits legis - lators and other public officials from A key condition of the new bill is that free meals and drinks can be dispensed if all legislators, the entire House or Senate, or a regional delegation of legislators are invited to an event. In past years, that kind of deal routinely has been offered by larger, well -funded lobbying groups, and the bill presumably would open the way to the big receptions, buffets and open bars that had become the staple of previous legislative sessions. lobbying interest if they are invited to speak or participate in a conference or program sponsored by the interest. And rather than a flat prohibition on accept- ing anything of value, legislators would be able to accept gifts of up to $5. The bill drew sharp protest from Sen. John Marty, DFL -Roseville. He pushed the ban through last year, but is increas- ingly looking like an isolated ethics re- former. loopholes in the law, there's no law left," he said. Legislators may as well scrap the entire thing, he added. That drew a sharp retort from Moe, who insists that his bill amounts mostly to fine-tuning. "Senator Marty knows that that is not true," Moe said when informed of his colleague's comment. "This in no way changes [the essence of the gift ban]." accepting anything of value from lobby- Legislators also would again be able to ists, special interests and constituents. accept free travel and lodging from a "By the time you root through all the Gifts continued on page 9A H _ 6 Star Tribune/Friday/February 24/1995 Gifts/ Critics of ban say legislators'job is `no fun anymore) Continued from page lA "All we're after is to get back to a level of collegiality that I believe was valuable." Moe and Johnson say that they do not want to return to business as Dave Bishop, IR -Rochester, House sponsor of the bill usual and that important features of the gift ban will remain in place. Moe noted that it still will be illegal for lobbyists to take individual members or small groups of legislators to ex- worth up to $3 for "ordinary office hospitality," such as for coffee and officials, such as city council mem- bers and county commissioners. sell graduation paraphernalia and wined and dined local school of- cisions. And he argued that the prac- tice undermines public confidence in pensive dinners or give them valu- able gifts such as tickets to sporting doughnuts. Several senators argued that local of- ficials. politicians and the democraticsys- events. Despite their avowals to preserve the ficials have been complaining about While cases of outright vote -buying tem, which is becoming a serious problem. Moe also noted that even Marty is law, Moe and Johnson led a separate effort Wednesday in the Senate Eth- the law, saying that it is unnecessary and unworkable. and bribery are hard to prove and probably not a big problem in Min- "There's lots of strong evidence that proposing some relaxations, such as a $3 limit on the amount that can be ics and Campaign Reform Commit- tee to strip another major provision Marty protested, offering an example nesota, Marty argued, special inter- ests would not provide gifts and £a- if you give somebody something, they pay you back, one way or anoth- accepted. Marty said he will offer a proposal that would allow a gift from the 1994 ban. The committee voted to exempt from the ban local of a recent controversy involving a company that had exclusive rights to vors if those amenities weren't effec- tive in influencing governmental de- er," Marty said. -9A: i Although some legislative leaders crowed about the gift ban as a major accomplishment when the session adjourned last year, the backlash has grown steadily since it went into of feet last summer. The effect of the ban has been felt especially since leg, islators returned in January for the 1995 session. Although some organizations and% groups are holding events and charg ing a nominal cost, attendance has. plummeted under the pay -your -own= way plan. Legislators, especially those from?:' outside the Twin Cities, have com« plained that there is nothing to do at. - night and that social interaction with, constituents and lobbyists has been_' curtailed. A common comment heard in the•? Capitol is that the legislators' job is,Y "just no fun anymore." 5 "All we're after is to get back to a T level of collegiality that I believe was valuable," said House sponsor Dave.,, Bishop, IR -Rochester, arguing that the inability to interact with senators'' and others in the legislative process,, - has hampered his effectiveness. Advocates of the ban argue that�w nothing prevents legislators from so- cializing with others and that 'they," just have to adopt a "separate-, checks" policy, to which many ordi- t• nary citizens and almost all public:,-. employees must adhere. Johnson, the Senate minority leader.rI argued in the committee meeting thar:' the Legislature went too far in 1994 and that most people either don'ts,. care or actually are inconvenienceit:.' by not being able to buy things or. ^ . bestow little favors on public ofr ficials. "In my opinion, it's time to turn the -.t train around," he said. N IRs challenge own candidate for his s alleged racial slurs urs By Mike Kaszuba campaign because she said his past com- StaffWriter ments show he's unqualified. Minneapolis police officer Richard Stanek's quest to become a legislator is being chal- lenged by Independent -Republicans in Ma- ple Grove — where hwon the IR primary e just three days ago — because of his admis- sion in court records that he has used racial slurs. With Stanek poised to win a seat in the state House, IR activists have mounted an unusual campaign to portray their own candidate as being insensitive to blacks and other minorities. One IR Party member, who opposed Stanek in the primary, made a guest appearance on a local radio talk show this week to try to derail Stanek's Star Tribune/Friday/February 24/1995 Stanek, a high-profile robbery and homi- cide detective, denied making any racial slurs. "I do not condone that type of behav- ior," said Stanek, who chairs the Minnesota Peace Officers who and Training Board, which he said is "directly responsi- ble for police ethics and misconduct." Of the allegations, he added: "There's nothing there." The larger issue, according to IR Party members, is whether Stanek will further harm Maple Grove's image as a suburb that does not welcome affordable housing Maple Grove continued on page 5B Maple Grove Continued from page 1B because doing so would increase the the values out there." number of low-income and minority residents. "My concern, as a member of the [city's] housing task force, with all the negative publicity Maple Grove has had ... is we don't need this now," said Sam Barington, an IR delegate in Maple Grove. "I'm real upset that Maple Grove may receive another black eye." IR activists have focused on a 1991 suit brought against Stanek by An- thony Freeman, a black motorist whose car collided with Stanek's per- sonal vehicle in downtown Minne- apolis. Freeman charged that Stanek, working as an off-duty officer, ran a light and collided with Freeman's car. Stanek then broke Freeman's window with a nightstick, pulled him from the car, used racial slurs and beat him, the complaint said. Stanek denied the charge and accused Freeman of causing the accident and smelling from alcohol. He also said that he had not noticed, until later that evening, that Freeman was black. The case was settled out of court, and a monetary award was reportedly given to the plaintiff in that and another excessive -force case in which. Stanek was a defendant. In a court deposition for the case, Stanek was asked whether he used the word "nigger" while describing blacks. He said he had told racial jokes, but said that he thought it was inappropriate to use the word "nig- ger" in public. "When I'm in the confines of my own home or my friends," he said, "then I think it's my business.... If I express an opinion or say a word within the confines of my home, that I don't bring it to the job, I don't take it to the public, that's my own business." But Stanek said Thursday: "I do not use that term ... either privately or professionally. [Freeman's lawyer] was just trying to get me to say some- thing that just isn't there." He received a community award in the fall from KARE-TV, Channel 11, for his work with Cops Care, a program he said he founded to get police to work with minority and disadvantaged youth. He said he and his family were "proud to live in Maple Grove, and I think we reflect SBw Freeman's lawyers, in an unusual step, had obtained a protective order to block Stanek from appearing" at Freeman's deposition because they said he was trying to intimidate the black motorist. "He does this glaring thing," said Marc Berg, one of Free- man's attorneys. "He comes into the room ... he's glaring at me," said Berg. "Maybe;U`,,s this Minneapolis police thing — s5a3 ing people." a. While not directly endorsing Stanek's DFL opponent, Kim Koehnen; of Plymouth, in the March 7 general election, the IR activists acknowl- edged their actions could effectively jeopardize an election that Stanek would be favored to win in the pre- dominantly Republican suburb. Stanek is seeking the House District 33B seat, which was recently vacated when Warren Limmer, an Indepen- dent -Republican, was elected to rthe state Senate. "I've [already] had to field the ques- tion, is Maple Grove a racist commu- nity or is it not?" said Darcy Hites- man, one of Stanek's IR primary foes, of why she decided to make public Stanek's court records. It was Hitesman, a city planning cornmis- sion member, who vented' her charges Monday against Stanek on a KSTP Radio (1500 AM) talk show. IR Party members in Maple Grove also said an IR search committee, along with Chris Georgacas, the state IR chair, knew of Stanek's record but chose not to disclose it to delegates at last Friday's endorsing convention. Stanek won the party's endorsement on the first ballot and then handily won Tuesday's primary. " "I maintain complete confidence'ih him," said Georgacas, who said he met privately with Stanek last Thhrs- day, the day before the convention.; He also criticized Hitesman, calling her radio appearance a "ham-handO attempt" to raise the issue. "I think she is misguided," he said. Larry McGee, who chaired the search committee, said he decided not to tell delegates Friday of the questions raised concerning Stanek's back- ground. "Nobody wants to get, into defending a lawsuit, frivolous or not," he said. February 25, 1995 City of Plymouth Attn: City Manager 3400 Plymouth Boulevard Plymouth, MN 55441 "S Com. SUBJECT: ALLEY ABANDONMENT TO PRIVATE DRIVE Honorable Mayor, Council and Staff: Enclosed find copies of a letter and petition which we addressed to you in the past. We have never received any communication at all regarding this request. What is the status? Thank you. even H. Chase, et al 11901 23rd Avenue North Plymouth, MN 55441 557-7019 March 5, 1994 City of Plymouth Attn: City Manager 3400 Plymouth Boulevard Plymouth, MN 55441 SUBJECT: ALLEY ABANDONMENT TO PRIVATE DRIVE Honorable Mayor, Council and Staff: We are residents of 23rd Avenue North in Plymouth. Recently we contacted your office regarding the roadway along the south side of our.properties. (See enclosed map of detailed area.) We requested some necessary repairs and maintenance due to the condition of the roadway. Per your enclosed letter, we were informed that this roadway is actually an alley and the City does not provide any maintenance or improvements to alleys within the City. Due to the fact that we are to provide any necessary maintenance and be responsible for all costs incurred, and due to the fact that this is not a thoroughfare and is used only by residents whose homes are adjacent to this alley, we hereby request that this alley be abandoned to a private drive with equal egress for all contiquous residents. The petiti,::ners agree any future maintenance to said private drive will be incurred according to running foot basis of property owner. Please find the following signatures petitioning this request. Feel free to contact us with any necessary questions and/or information. Thank you. Respectfully, JteV.,i in L; 4, C:` se, et wl 11901 23rd Avenue North Plymouth, MN 55441 557-7019 Address Date %/S'o/ a3,-,/ eve ,v 1-1.1.4---,4 .s' /99l 1190/ .Z,3' iLe I-,/1// 22 )',P -/J 3-191-liq C: < GROVE ri its FAA f5i0a, r. slow -u 17, ru -e:s'dtw, HILLSIPE'ji(V HE rl I dt :67, 14 J r9 Z m y v C-4— Steven -4 – Steven H. Chase 11901 23rd Avenue North Plymouth, MN 55441 Dear Mr Chase, Thank you for your February 25 letter. I am sorry you did not receive a response to your March 5, 1994 letter in which you and your neighbors request an alley abandonment along the south side of your properties. Your letter has been referred to Fred Moore, Public Works Director, for follow up and a response. You can expect a response from Mr. Moore by March 15. Thanks again for your letter. Please give me a call on 550-5013 if you have not received a response by March 15. Sincerely, Kathy Lueckert Assistant City Manager cc: Fred Moore, Public Works Director We Listen - We Solve - We Care 3400 PLYMOUTH BOULEVARD - PLYMOUTH, MINNESOTA 55447 - TELEPHONE (612) 550-5000 Mobil MAYER MOBIL 762 HWY. #55, P.O. BOX 205, MEDINA, MINNESOTA 55340"':. Mayor Tierney City of Plymouth 3400 Plymouth Blvd Plymouth, Minnesota 55447-'. Dear Mayor Tierney, 2 Sb PHONE (612) 478-6041 FAX (612) 478-6013 This letter is in response to a letter I received from Fred Moore, Director of Public Works. I am making the assumption you read the letter and reviewed the literature sent with it. In reviewing this information I found some interesting facts and drew some conclusions. First, McCollister Oil and their oil United Hyde are not well known in the oil industry. It is a private label oil. It does meet the API certifications when blended to certain specifications. How long it retains those qualities and who supervises the blending is still a question. Who is liable if it does not? You cannot sue a government agency and McCollister oil is located in Council Bluffs, Iowa. Which leaves a couple of pretty big questions. Your risk factor is high when compared to a name brand product such as Mobil, Shell, Exxon, or Amoco. Mr. Moore did not respond to any of my questions directly about the research they did before exposing your fleet to a new product or any specific testing they did before August 31, 1994. 1 do have a couple of questions regarding the tests done by Ziegler in November of 1994. According to the lab sheets the oil tested was a Union 76 10/30, not United Hyde product. The second oil tested was listed as new Delvac 1300 Super 10/30. The City had not purchased any oil from me since August 5th, 1994. The city has only one bulk storage container. Was the McCollister oil added on top of mine or stored separately in a different container. Finally, why did we wait until November to test a product we had been using since September 1st, 1994. Next, I proceeded to check the references given by McCollister Oil to Mr. Moore. To my surprise two of the references did not check out. UPS uses Mobil Oil supplied by Rollins Oil. Eden Prairie uses Mobil Oil supplied by W.Gordon Smith. In fact Eden Prairie's squad cars are in the middle of a two year test program using Mobil Delvac 1 a synthetic oil in a cost and energy saving effort. The City of Bloomington uses United Hyde, but does so only because of the county bid and has not done a cost benefit analysis. And guess who packages and supplies all of caterpillars private label oil, Mobil Oil. I did not check any further. When a supplier uses false references a red flag goes up. It also tells me our Public Works Department did not do their homework. They made a knee jerk reaction in an effort to save approximately $1300.00 per 20 -LS b PHNE Mobil M AY E R MOBIL (612) 4078-6041 762 HWY. #55, P.O. BOX 205 FAX MEDINA, MINNESOTA 55340 (612) 478-6013 year short term. The long term costs are unknown. You can defend this by saying ,"if the state and county use it it must be OK.", then you have alot more faith in state and county government than I do. If investigation and reference checks were done, they were done poorly. This shows a management style that is flawed at best. A sign of good management is the ability to recognize a mistake and correct it. A better sign of management is the ability to recognize value and keep it. I hate to see the money invested in a high quality major brand product squandered in an effort to save $111.00 per month. How much did it cost to close The City of Plymouth on February 20th? The expanding staffs, salarys, benefits, paid holidays, and worker productivity are the real expense items to be looked at. We spent millions on a Public Works facility to keep equipment inside. We have a fleet of vehicles valued at close to $800,000.00. Mr. Moore chose to gamble on lubricants so he could save $111.00 a month. I don't think that is good management. I wouldn't use United Hyde in my car and I don't think you would use it in yours. I have taken of my valuable time to write this letter only to bring to the surface what I feel are short sighted if not incompetent management decisions. I think the new direction of city government needs a change of course. If you have any questions regarding my concerns feel free to call. Sincerely, r;CITV)COF PLYMOUTH+ February 27, 1995 Mr. Randy Mayer Mayer Mobil 762 Highway #55 P.O. Box 205 Medina, MN 55340 Dear Mr. Mayer, We are in receipt of your letter to Mayor Tierney in which you voice additional questions and concerns with the United Hyde oil product used by our City fleet vehicles. Please be assured that Mayor Tierney and members of the City Council have received your previous letter and Mr. Moore's response to that letter. I have asked Fred Moore to again respond to the issues you address in your letter. Please give me a call on 550-5013 if you have not received a response by March 7. Sincerely, )6Atr/WdafV Kathy Lueckert Assistant City Manager cc: Fred Moore, Public Works Director C/R. file We Listen • We Solve • We Care 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550-5000 February 2, 1995 Mr. Randy Mayer MAYER MOBIL 762 Highway #55 P.O. Box 205 Medina, MN 55340 SUBJECT: PURCHASE OF FUEL AND MOTOR OIL Dear Randy: I am responding to your letter of January 18, 1995 to Mayor Joy Tierney concerning our change in purchase of motor oil and fuel. As you stated in your letter, we had previously purchased these products from you until late 1994. The City is a service organization and it is our goal to provide the services requested by our citizens at the lowest possible cost. In order to do this we are constantly evaluating methods for cost savings. This is not only done by the City Council, but by supervisors and employees. As part of our evaluation in 1994, we considered the cost to purchase the products from your firm versus the cost to purchase products based upon State and County contracts. It was determined that there was a cost savings to the City to change suppliers for these products. Let me assure you that we did a careful evaluation and the new products meet all of the requirements for our needs. I am attaching a memorandum to me from Tom Vetsch, Public Works Superintendent, who is directly responsible to manage our Central Equipment Division. This division purchases and maintains all vehicular equipment for the City. I believe Tom's memorandum and attachment answers the questions in your letter. Just to stress a couple points, the City has not had any warranties voided or any problem with a change in our fuel products. The oil has been analyzed by Caterpillar and they state it meets their specifications. In your letter you asked a question why we feel it is necessary to purchase and use expensive oil addictives. With our change in motor oils, we have not begun using any additional addictives. We are using the same addictives which we added to your product. Through the years we have reduced the amount of addictives that we had been using for any of the products. We Listen • We Solve • We Care 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550-5000 Sb Mr. Randy Mayer Page Two As can be seen by the attached material, the City is saving over $1 per gallon on motor oils which meet the specifications for our equipment. Because of this savings, we could not justify continuing purchasing at your quoted price. As you indicated in your letter, you were given the opportunity to meet the price that we could receive based upon the State and County contracts, but you could not do this because of your products. As I previously stated, employees of the City, on an ongoing basis, review our services in order that we can provide them to our citizens at the lowest possible cost. Both Tom Vetsch and I would be more than happy to meet with you if you would like to discuss this in more detail. Sincerely, Fred G. Moore, P.E. Director of Public Works enclosures cc: Kathy Lueckert, Assistant City Manager Tom Vetsch, Public Works Superintendent DATE: January 19, 1995 TO: Fred Moore, Director of Public Works FROM: C\J ► Tom Vetsch, Public Works Superintendent SUBJECT: CHANGE OF VENDOR FOR MOTOR OIL Around August 1, 1994 I was reviewing State Contracts that were let for a wide variety of products and services. I noted that there was a Minnesota State Contract awarded to McCollister Oil Company for lubricating oils and greases. I thought it would be interesting to compare price and quality with what we were currently using, which was Mobile Delvac 1300 1OW30 Motor Oil. After meeting with a sales person, from Fuel Oil Services, who represents McCollister, we learned that there was some savings to be made. The savings would be about $1.30 per gallon for the motor oil. We thought the savings were significant enough to pursue this further and to establish that we were not sacrificing the quality the savings. I had McCollister Oil Co. send me a copy of their license authorizing them to display API Service Certifications marked on their products. This satisfied our need to know if their product was sanctioned by the petroleum institute. I then asked for a users list. Some of the users of McCollister's oil, which is labeled as United Hyde, is used by the following: UPS HENNEPIN COUNTY CITY OF BLOOMINGTON CITY OF EDEN PRAIRIE WHITE BEAR LAKES SCHOOL DIST. BUS FLEET SCHAEFFER CONSTRUCTION After discussions with some users we felt confident enough to give this oil a trial period. Some time in November to further satisfy our curiosity, we had Ziegler Inc. do an oil analysis of the Mobil Delvac 1300 and our new product United Hyde CF -4 - SH Motor Oil. They both came back from the test lab as meeting the specifications. =�-S10 I understand that our former supplier has raised some questions as to whether or not the motor oils we are currently using are of the same quality and grade that he had been providing us. One concern was that caterpillar would not warranty their engines if this oil was used. Ziegler, Inc., who is our supplier of Caterpillar equipment and parts is well aware of our using United Hyde Motor Oil and does not indicate that this is an inferior product. As far as our other vehicles, ranging from squad cars to pick up trucks, through the other heavy equipment, including the Caterpillar equipment, we have not noticed any negative effects from changing motor oil vendor. In the future I plan on having oil sample analyzed periodically to ensure that our motor oils are meeting our needs. TV:sm �- 56 OILXLS.XLS Page 1 OIL PURCHASED FROM 12/29/93 TO 12/19/94 DATE VENDOR GALLONS PRICE PER GALLON TYPE OF OIL 12/29/93 Mayer 180 Mobile Delvac 1300 3/4/94 Mayer 166 Mobile Delvac 1300 6/2/94 Mayer 165 $3.91 Mobile Delvac 1300 7/1/94 Mayer 158 $3.63 Mobile Delvac 1300 8/5/94 Mayer 165 $3.75 Mobile Delvac 1300 8/31/94 McCollister 100 $2.30 United/Hyde CF-4SH 10/25/94 McColister 200 $2.71 United/Hyde CF-4SH 12/19/94 McColister 205 $2.71 United/Hyde CF-4SH TOTAL 1339 Page 1 =- -S S6 License No. 404 AMERICAN PETROLEUM INSTITUTE ENGINE OIL LICENSING AND CERTIFICATION SYSTEM SCHEDULE A -LICENSE AGREEMENT The Certification Marks referred to and licensed under the Agreement between API and MCCOLLISTER do COMPANY, Council Bluffs IA 51503 for the period beginning 04118194 and ending 12131194 are as follows: API SERVICE CERTIFICATION MARK The Licensee is authorized to display the API Service Certification Mark on the following products: SAE VISCOSITY SERVICE BRA -ND GRADE CATEGORIES "?V1C1:`� UNITEDIHYDE IOW -30 SHICF4,CE,CD• Q UNITEDIHYDE ISW-40 SRICF4,CE,CD-II,CD SAE UNITEDIHYDE 30 SHICE,CD-II,CD n )ocW-yy * Energy Conserving, *` Energy Conserving II 0, a�2 �y CONSS En.r:y Cororrvini or EmrlyGon erring !! ma 6f duplaytd arty on productr noud with on arteritk (-) (•-). EOLCS Coordinator Date 04118194 nrsc.,n,sr�•� =--Sb Product Code: 1021 Super HD PR U SAE 10w-30 Super HD 10w-30 is manufactured from high quality, high viscosity index base stocks blended with the most current additive technology. Super HD l Ow -30 is specially designed for use in mixed fleets, gasoline and diesel. This product has excellent dispersancy with less than 1% ash and a TBN level of 8. Super HD l Ow -30 is noted for its high viscosity and viscosity index resulting in higher oil pressure and less consumption. Customer Benefits: * Optimum. component blending provides easier starting at low temperatures combined with excellent performance during high temperature operations. * A high level of rust inhibition provides superior rust protection for rocker arm assemblies, valve lifters; and other vital moving parts. * Detergency combined with super -dispersion action controls engine deposits to maintain cleaner engines over longer oil change intervals. * Oxidation and war inhibition are maintained at high levels to protect against oil breakdown and prevent premature engine wear for extra service miles. * Fortified with selected additives to handle deposits caused by operation of emission control systems. Product Containers Available: Bulk * 55 gal. drums * 30 gal. drums * 5 gal. pails * 2/2.5 gal. jugs Application Specifications: Super HD l Ow -30 meets the most current API specification, CE/CF4-SG as wells as the current military specification MIL=L -2104E. This product also meets the requirements of the following diesel engine manufacturers: ' Mack EO -K2 Caterpillar TO -2 Cummins NTC -400 John Deere Detroit Diesel White Massey Ferguson Duetz Allis Case/IH Mercedes Ford Navistar Additional Information on the Reverse Side lS-6 Typical Physical Specifications: Service Classification CE/CF4-SG Gravity, API 29.2 Flash, °F 395 Viscosity: SUS @ 100°F 358 SUS @ 210°F 64,0 CST @ 40°C 77.3 cST @ 100°C 11,34 Viscosity Index 149 Pour Point OF -25 °C -32 Sulfated Ash, % Wt 0.9 TBN 8.0 ZIEGLER --d SAMPLE FOR: C;4�. t'. iii A. L ZIEGLER OIL LAB 901 WEST 94TH STREET MINNEAPOLIS, MN 55420-4299 (612) 888-4121 • (800) 352-2812 �j MACHINE INFORMATION: - SERIAL #: :' : L _ — t H 'q r COMPARTMENT w y UNIT #: MODEL #: sooes SCHEDULED OIL SAMPLING WEAR ANALYSIS REPORT IM ACTION SAMPLE INFORMATION: SAMPLE #: DATE RECEIVED: OIL BRAND: ?_ OIL BLEND: OIL WEIGHT: ^ ;,r : i l y 1., CURRENT SAMPLE INFORMATION WEAR METALS ANALYSIS INFRARED ANALYSIS PERCENT OF ALLOWABLE PHYSICAL TESTS DATE SAMPLE TAKEN CHANGED OIL FILTER QUARTS OIL ADDED HOURS ON METER HOURS ON OIL CU Copper PPM FE Iron PPM CR Chromium PPM AL Aluminum PPM SI Silicon PPM PB Lead PPM NA Sodium PPM MO Molybdenum PPM SN Tin PPM Soot % Sulfation % Oxidation % Nitration % Anti- Freeze I Fu Dilution Water - - Water = -2.- ' Interpretation T:pn `_i. _f=IL i; i$ i_ L,_'_!1__w=c _!1 c. 11C^:: o ti7rriit .. it Recommendation �__ti4niia -- rase. Gc +=:uj'a, -s=. =nom pct;- i147 it recon•L2-c—,n • ih TRENDING SAMPLE INFORMATION WEAR METALS ANALYSIS INFRARED ANALYSIS PERCENT OF ALLOWABLE PHYSICAL TESTS DATE SAMPLE TAKEN CHANGED OIL FILTER QUARTS OIL ADDED HOURS ON METER HOURS ON OIL CU Copper PPM FE Iron PPM CR Chromium PPM AL Aluminum PPM SI Silicon PPM PB Lead PPM NA Sodium PPM MO Molybdenum PPM SN Tin PPM Soot % Sulfation % Oxidation % Nitration %, Anti- Freeze Fuel Dilution Water CURRENT SAMPLE IS INCLUDED IN TRENDING SEE REVERSE SIDE FOR TEST EXPLANATIONS TLIIC AAIAI VCIe Io InITCnInCn AC AN Ain IN PRFni(:TINr; AAFrHAAIIr'.Ai AAMAa Nn r;l IARANTFF FXPRFRRFn OP WIDI IFn Ic AAAnF Ar;AINST FAILURE OF THIS COMPONENT. FORM 505 (RFV. 1/92) ZIEGLER'. .'.! ts:L.::'.4r��� u�'r.u�:rGi-'S6d��:X+_� i^a�„`�i�=,•!'�lJ.� SAMPLE FOR: I_ -0 (7 1 �i 1 .: ' i m r' L i 1 E, T L: 0 L ZIEGLER OIL LAB 901 WEST 94TH STREET MINNEAPOLIS, MN 55420-4299 (612) 888-4121 • (800) 352-2812 MACHINE INFORMATION: SERIAL #: 1: -1 - _ ; i - U COMPARTMENT: UNIT #: MODEL #: sooes SCHEDULED OIL SAMPLING WEAR ANALYSIS REPORT SAMPLE INFORMATION: SAMPLE #: DATE RECEIVED: OIL BRAND: OIL BLEND: OIL WEIGHT: CURRENT SAMPLE INFORMATION WEAR METALS ANALYSIS INFRARED ANALYSIS PERCENT OF ALLOWABLE PHYSICAL TESTS DATE CHANGED QUARTS HOURS HOURS CU FE CR AL SI PB NA MO SN Soot Sulfation Oxidation Nitration Anti- Fuel Nitration % SAMPLE Fuel Dilution OIL ON ON Copper Iron Chromium Aluminum Silicon Lead Sodium Molybdenum Tin TAKEN OIL FiLTEe ADDED METER OIL PPM PPM PPM PPM PPM PPM PPM PPM PPM % % % % Freeze dilution Water Tnterpretation ilii = - -., i-'` r�c:omm-e1,da tion lv. _ _ _ __ _ n _ Lr _ _ i v _.. .. _ .. -_ _ .a _ . vt - w :I: F - TRENDING SAMPLE INFORMATION WEAR METALS ANALYSIS INFRARED ANALYSIS PERCENT OF ALLOWABLE PHYSICAL TESTS DATE SAMPLE TAKEN CHANGED OIL FILTER QUARTS OIL ADDED HOURS ON METER HOURS ON OIL CU Copper PPM FE Iron PPM CR Chromium PPM AL Aluminum PPM SI Silicon PPM PB Lead PPM NA Sodium PPM MO Molybdenum PPM SN Tin PPM Soot % Sulfation % Oxidation °/, Nitration % Anti- Freeze Fuel Dilution Water CURRENT SAMPLE IS INCLUDED IN TRENDING SEE REVERSE SIDE FOR TEST EXPLANATIONS THIS ANALYSIS IS INTENDED AS AN AID IN PREDICTING MECHANICAL WEAR. NO GUARANTEE, EXPRESSED OR IMPLIED, IS MADE AGAINST FAILURE OF THIS COMPONENT. FORM 505 (REV. 1/92) Mobil Mayor Joy Tierney City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 MAYER MOBIL 762 HWY. #55, P.O. BOX 205 MEDINA, MINNESOTA 55340 January 18, 1995 =:S b T-4 PHONE (612) 478-6041 (61:2)47&6di1 , `K Mayor Tierney: This letter is to confirm our conversation of this morning and to put in writing some of my concerns. As you know I am a lifelong resident of Plymouth as are my father and grandfather. I have had the privilege of supplying the City of Plymouth with gasoline, diesel fuel, and motor oil since 1974. My company also supplied the heating oil for fire station one and the old city hall from the sixties until they eventually converted to natural gas. In short the City of Plymouth is an old and valued customer. I became the city's supplier of gasoline, diesel fuel, and motor oil during the Arab oil embargo of 1974. Product was in short supply and the city could not find supply at any price. I found product and have supplied the city with quality Mobil products at a fair price until six months ago. I was asked to price my product with the county bid, which I could not do and maintain the quality products I feel the city shouldbe using. This leads me to several questions that I have for the manager of Public Works. 1) Have you had any injector problems with your gasoline or diesel engines? 2) Does your current motor oil meet caterpillar specifications and warranty requirements? 3) If it does, how long does it meet those requirements after it is put in service? 4) Have you lost any warranty because your oil does not meet caterpillar requirements? 5) Have you had to change service intervals to maintain warranty ? 6) Have you noticed increased oil consumption among your vehicles? Have you checked? 7) Are you using a brand name product with a track record? 8) If you are using a quality product why do you feel it is necessary to purchase and use expensive oil additives? Mayor Tierney I am not writing in an effort to retain a customer. •I am asking these questions because I take pride that Plymouth is my home and a class A city. I am proud of the way the city has evolved over the past fifty years. I don't want to see it's sizable fleet of vehicles and the effort it takes to keep them running put in jeopardy in an effort to save a buck. Quality and service have a price. It has been my experience in the petroleum business that you get what you pay for. My concern is that a pattern is being established by several city managers. That price is not one of their concerns, it is their only concern. Whether it be in painting vehicles, purchasing lubricants, or hiring prosecuting attorneys these decisions have a long term cost . I just hope that the managers who are making these decisions are around to take responsibility for their actions, because one thing is for sure, we the taxpayers will be asked to foot the bill. Mobil MAYER MOBIL 762 HWY. #55, P.O. BOX 205 MEDINA, MINNESOTA 55340 S�b �J PHONE (612) 478-6041 FAX (612) 478-6013 If the council is serious about saving money perhaps a private management company should be hired to make these decisions because they could be held accountable. This would help control the largest and fastest growing expense the city has, salaries, pensions, and benefits of our growing city staff. Thank you for your time and I hope I am wrong in my perception of the direction this city is heading. Sine y, Randy Mayer February 28, 1995 City Manager Dwight Johnson Mayor and Council of Plymouth Mr. Nick Granath Memo re: South Shore Drive Plan For 43 years I have been a resident on South Shore Drive. Last Sunday David Buzzelle and Mark Anderson, my neighbors, told me they were supporting a request to make a dead end at the Bassett Creek bridge and South Shore Drive. They gave me copies of a letter dated January 20th to David Buzzelle from Mr. Granath and a memo dated February 18th from City Manager Johnson to the City Council which was the first time I heard about this issue. Please put me on record as opposing this action. My neighbors who I discussed this with also oppose it. As far as I can see there is no valid reason to do so. In fact, it would create a great inconvenience. When 10th Avenue was installed the traffic on the South Shore decreased substantially. The ordinance prohibiting heavy trucks using the South Shore as a thorough- fare also contributed to t nis decreased traffic flow. An alternate to this would be to install a road at the same time to the south of South Shore Drive to 10th Avenue and connecting at the Waterford Shopping Center and connecting with Highway #55 at that point. It makes no sense that we residents of the South Shore would be farther away yet. from downtown Plymouth, local shopping centers and Ridgedale. Sincerely, CarolineH anf 10300 South Shore Drive Plymouth MN 55441 CITY CO March 1, 1995 PUMOUTR Caroline Hanf 10300 South Shore Drive Plymouth, MN 55441 Dear Ms. Hanf, Thank you for your letter to City Manager Dwight Johnson in which you state your opposition to the closing of South Shore Drive at the Bassett Creek bridge. Your letter has been forwarded to the Mayor and Councilmembers. Again, thank you for your letter and sharing your thoughts with us. Sincerely, /*/W" Kathy Lueckert Assistant City Manager cc: Fred Moore, Public Works Director C/R. file We Listen • We Solve • We Care 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550-5000 Page CITIZEN REaUEST TRACKING Ow I Blank Darren A. DeMatthew Civic Centerlice Arena 12130194 113/95 1113195 114195 2 Gerdes Darren A. DeMatthew Pub. Safety Concerns 12130194 113/95 1113195 1112195 3 Moore Darren A. DeMatthew Transportation 12/30/94 113195 1113195 1/4/95 4 Blank Gordon Hanson Community garden plats 113/95 113/95 1117195 114195 5 Moore Dr. Robert May 19th Avenue - Traffic speed 119195 1/9195 1/23195 1123/95 6 Blank Vivian Starr Bike path - Lk Camelot/ NW Blvd 119/95 119195 1123/95 1117/95 7 Hurlburt Mark Denis/DennisHolmquist Wetlands Ord/1 1115 0. Rockfd Road 1/17195 1/19195 211195 211/95 8 Moore Randy Meyer Fleet vehicles - petro product./service 1/19195 1/19195 2/11/95 211/95 B -B Moore Randy Meyer Additional issues - fleet vehicles 2/27195 2/27/95 3/7195 10 Hurlburt Nancy Cree Wetlands Ord/NW Plymouth 2/6195 2/8195 2/15195 219195 11 Johnson Larry Dowell, TwinWest Chamber LMC referendum levies 2/9195 219195 2/16/95 211319 12 City Attorney Brian Knox Access to Gleason Lake 2121/95 (PF) 2121195 3/7/95 13 Moore Steven Chase Alley Abandonment 311195 3/1/95 3/15195 Page L0 MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT 500 Metro Square 1217th Place East Saint Paul, Minnesota 55101-2146 USA Memorandum DATE: February 17, 1995 TO: Community Profile Contacts FROM: Bill Coleman Regional Initiatives 612/297-1169 800/657-3858 Lynda Kirsch Regional Initiatives 612/296-5022 800/657-3858 Enclosed is a copy of your Community Profile! As most of you know, the development of our combined community profile and sites and buildings database has taken considerably longer that we had anticipated. Thank you for your patience and understanding! We do believe that we have an improved product. Our new system has the following features: Linked database of Community Profiles and Sites and Buildings. Ability to identify all communities which meet business criteria. Ability to update state and federal data electronically. Ability of customers (businesses, regional agencies'and communities) to access or update information from their own computers. This feature will be limited initially, but we are aiming towards Internet access. Please review your profile carefully for needed updates or corrections. Indicate the necessary changes directly on your profile and return it to us. As soon as we receive your updated profile, we will make the changes, if any, and send them to the printer. If your profile did not reqire changes, please let us know that by mail, phone or fax. Many communities submitted material for what will be the back page of the profile. A review of that material might be appropriate. As a reminder, we require a camera-ready copy of either a letter, a map, community logo, etc. This should be no larger that 6.511 x 4.511 Please call me with any questions and/or comments. Thanks again for your pati e __ (612)297-1291 \s% (800) 58 TTY /TDDTDD ( (6I2) 282-6142 An Equal Opportunity Employer FAX (612) 296-1290 Z (.'C� The Minnesota Department of Trade and Economic Development . s�°` . . a i CON4XIUNITY i' ► PROFILE ' �� ,�a:�� CITY OF PLYMOUTH LOCATION County Hennepin Region Metro Distance from Minneapolis/St. Paul 10 Miles W Distance from nearest MSA N/A Senate District 45 & 48 House District 45A&B, 48 Congressional District 6 POPULATION Area 1992 Est. 1990 Census 1980 Census 1970 Census City 53,781 50,889 31,614 18,077 County 1,047,206 1,032,431 941,411 960,080 MSA 2,583,000 2,464,124 2,137,133 1,874,612 rce: HOUSING AND DEVELOPMENT Housing Counts By Type Single unit, detached Single unit, attached 2.4 units 5-9 units 10 or more units Mobile homes Median value of Owner -Occupied Housing Percentage Owner Occupied Median Rent Vacancy Rate Number and Value of Residential Building Permits Number and Value of Commercial Building Permits INDUSTRY 11,831 2,044 262 259 5,069 74 $127,400 74% $578.00 6% Year Number Value 1993 599 $1,876,283.64 1993 8 $234,406.41 Major Employers SIC Products/Services Employees Carlson Companies 5812 Marketing 3,000 Prudential Insurance Company 5311 Gen. Insurance 1,800 Control Data 3571 Computer Systems Mfg. 963 U.S. West 4813 Office/Service Center 450 IIT Insurance 5311 Insurance 390 Mamoth Div/Lear Siegler 3900 Mfg. Air Conditioning 330 Buhler-Miag., Inc. 0000 Food Process Equipment 275 Banner Engineering 3900 Manufacturing 257 McQuay-Perfex, Inc. 3433 Heating/Air Conditioning 250 PYA Monarch 0000 Food Service Distr. 211 Deltak Corporation 3900 Manufacture Boilers 200 Honeywell 3674 R & D Distribution Plymouth - 2 EMPLOYMENT _L. Ccc` Type of Employment County Employment MSA Employment Manufacturing 98,217 265,300 Non -Manufacturing 461,573 1,185,100 Total Employment 559,790 1,450,400 Available in Labor Force 599,633 1,509 900 Annual Average Unemployment 4.7% 4.3% OCCUPATION AND WAGES IN TWIN [Tiff?S RPrrnN Job Title Wage/Hour Job Title Wage/Hour Accountants & Auditors $15.35 Machinists $16.19 Assemblers & Fabricators $12.25 Maintenance Repairers $1250 Bookkeeping & Accounting $9.88 Offset Lithograph Operator $16.00 Comb. Machine Tool Operators $10.35 Packaging Machine Operator $7.93 Computer Operators $10.88 Plastic Molding Machine Oper. $8.15 Computer Programmers $15.20 Receptionist & Info. Clerk $7.72 General Managers/Executives $26.07 Sales Representative $14.42 General Office Clerks $9.39 Secretaries $10.49 Hand Packers $6.50 Systems Analysts -EDP $20.25 Machine Feeders $9.65 Truck Drivers -Heavy $13.82 Snurrr• MN 11Pno.H.., e..• ..r V__ c__..�._ Commercial No MN 101 ,,.....I �.....y TRANSPORTATION AND SHIPPING HIGHWAYS AIR SERVICE Interstate Miles Load Limit Seasonal Local Airport 1 HiVthwav from CBD In Tons Limit In Tons Miles from CBD Airlines 1-494 9 Four Lane Navigational Aids Hiohwav MN 55 9 Runway Length (feet) US 169 9 Runway Surface Services: Other Air Freight No Commercial No MN 101 9 1 Charter Jct No No Nearest Airport (if not local) Mpls./St. Paul Int'I. Distance (miles) 10 TRUCK RAIL Truck Lines 24 Headquartered in Metro Arca; 100+ first Rail Lines Soo Line; Chicago and North class carriers. Western Terminals 60 Frequency Reciprocal Switching Unlimited No BUS Piggy -Back Service No Inter City Greyhound, Jefferson Distance to Mail Line (miles) Passenger Service No Intra City MTC, Medicine Lake Bus Lincs and Plymouth Metrolink. Other Dial -A -Ride WATER Navigable Water No Depth (feet) La,_ Plymouth - 3 COMMERCIAL/MDusnUAL PROPERTY TAXES Municipal Rate 16.049% Minnesota real estate taxes are based upon market value of real property County Rate 37.441% construed to be the price that a willing buyer would pay a willing seller in School Rate 64549% a free market. Tax capacity times the tax rate equals property taxes. Tax Miscellaneous Rate 7.237% capacity is the value of the property under $100,000 times 3.0% plus any Total Rate 125.276% value over $100,000 times 4.6%. GOVERNMENT STRUCTURE EMPLOYMENT Municipal Water Source Organization Council Manager Sewer Service Reitular Part Time V or S* Refuse Service Private Capacity of Treatment Plant gal/day Pumping Capacity Recycling Service Yes Fire 15 60 V Master Plan Yes Police 65 Average Demand Budget $13,012,500 Sheriff Peak Demand Fire Insurance Rating 5 EMT Industrial Water Rate $.75 per thousand gallons. Other 130 ELECTRIC POWER Industrial Plans Approved by. Planning Commission, City Council Electric Utility Northern States Power Co. *V - Volunteer US West Communications Telephone (800) 367-7414 S - Seasonal WATER SERVICE SEWER SERVICE Municipal Water Source Wells Sewer Service Metro Waste Control Commission Storage Capacity 7,500,000 gal Capacity of Treatment Plant gal/day Pumping Capacity 14,400 gal/day Average Demand 5,542,595 gal/day Total Tap Water Hardness 18 ppm Peak Demand gal/day Average Demand 8,000,000 gal/day Peak Demand 20,000,000 gal/day Industrial Water Rate $.75 per thousand gallons. Sewer Use Charge $1.72 per thousand gallons. ELECTRIC POWER COMMUNICATIONS Electric Utility Northern States Power Co. Local Telephone Company US West Communications Telephone (800) 367-7414 Telephone 663-5675 Economic Development Contact Economic Development Contact Equal Access Market No Central Equipment Available GAS SERVICE LOCAL TELECOMMUNICATION SERVICES Data Services No Video Services No Custom Calling Features No CLASS No Other Cable TV Company King Videocable Cable Phone Number 458-3411 Plymouth - 4 BUSINESS AND COMMUNITY SERVICES EDUCATION Facts and Facilities ACCOMODATIONS Profile of Schools BANKING AND FINANCE High School Graduates Attending Post -Secondary Local MSA Financial Institutions Deposits Hotels Enrollment 8 5,061 100 Metropolitan Bank; Norwest; Motels Middle 122 First Bank Mpls-Plymouth Rooms Junior High 2 1,965 24,000 Office; First National Bank Meeting Facilities Senior High 1 10-12 Wayzata -Plymouth Office Capacity of Largest Parochial 300 Tele -Conferencing Private No Nearest University 18 Univ. & Colleges in MSA MEDICAL SERVICES RETAIL SALES Clinics K-12 No Retail Sales in County: 1989 $13,088,368,498 Hospitals Technical College No 31 1990 $13,727,208,564 Hospital Beds 9,683 1991 $13,033,150,963 Nursing Homes 143 1992 $11,261,314,539 Nursing Home Beds 18,967 Doctors 5,558 Retail Sales in City: 1992 $560,926,719 Dentists 1,858 Nearest Hospital Per Capita County Income: 1992 $27,197 Tele -Medicine No MEDIA RECREATION AND COMMUNITY ACTIVITIES Newspapers: Daily 0 Facilities: Weekly 0 Softball/Baseball/Soccer & Football Fields, Tennis Courts, Archery, Radio Stations: AM 0 Basketball Courts, Swimming Area, Skating Rinks, Restrooms. FM 0 Festival/Arts: PLACES OF WORSHIP Protestant 18 Fire & Ice Winter Festival, Concerts in Park, Autumn Art Fair, Catholic 2 History Festival, Summer Carnival, Old Fashioned Christmas Jewish 0 Celebration. Other 0 Service Organizations: Kiwanis Club, Girl/Boy Scouts, Garden Club, Camp Fire, Speed Skating Club, Lions, Women of Today, Toastmasters Club and several others. EDUCATION Facts and Facilities Profile of Schools High School Graduates Attending Post -Secondary Number Enrollment Grades Ratio Nearest Technical College 6 in Metro Area Enrollment 8 5,061 K-6 17/1 Distance to Technical College Middle Technical College Specialty Wide variety of courses Junior High 2 1,965 7-9 17/1 Senior High 2 1,821 10-12 17/1 Nearest Community College 6 in Metro Area Parochial Distance to Community College Private Nearest University 18 Univ. & Colleges in MSA Distance Learning: Distance to University K-12 No Technical College No Plymouth - 5 INDUSTRIAL SITES Site Name Commercial Site Industrial Site Commercial Site Commercial Site Landowner Total Acreage Available 2 2 3 15 Subdividable No No No No Price per Acre $4 Development Grp Option Build to Suit No No No No Zoning Classification B-1 Fire Insurance Class Electricity No No No No Water No No No No Gas No No No No Sewer No No No No Rail No No No No Assessment TIF District No No No No Economic Development Authority Local Development Corporation Chamber of Commerce Locally Controlled Loan Program Tax Increment Financing Larry Dowell Twin West Chamber of Commerce 10550 Wayzata Boulevard Woodside Office Park, #2 Minnetonka, MN 55343 (612) 540-0234 LOCA11ONAL SERVICES No No Yes No Yes CONTACTS Anne Hurlbert Comm. Development Director City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 (612) 550-5050 COMMUNI'T'Y COMMENTS INCENTIVES The City of Plymouth is a western suburb of the Mpls/St. Paul metro area, located approximately 10 miles NW of downtown Mpls. The City is wholly within Hennepin County and encompasses an area of approximately 35 sq. miles. Industrail, commercial and utilty property make up 24.3% of the market value of Plymouth real estate, and 36.8% of the net taxable tax capacity (taxes collectible in 1993). Minnesota Department of Trade & Economic Development Business and Community Development Division 500 Metro Square 121 7th Place East Saint Paul, MN 55101-2146 USA (612) 296-5022 (800) 657-3858 Fax: (612) 296-1290 TTY/TTD: (612) 282-6142 STATE OF MINNESOTA OFFICE OF THE GOVERNOR SAINT PAuL 55155 012-296-3301 AnNE R. CARLsON Gov$nxog ,) February 22, 1995 The Honorable Kim M. Bergman City of Plymouth ;r 3400 Plymouth Blvd Plymouth, MN 55447-1482 Dear Mayor Bergman: I write to inform you that I will present my supplemental budget message next Tuesday, February 28, to explain why this revised budget is so necessary and important, and to ask for your help in putting Minnesota's fiscal house in order. A supplemental budget is required for three simple, overriding reasons. First, the U.S. Congress is moving dramatically to reshape the size and scope of the federal government, with large fiscal implications for Minnesota. Already, the House has passed the Balanced Budget Amendment to the U.S. Constitution and the Senate is expected to follow suit soon. Within weeks, federal lawmakers will present detailed budget packages, outlining cuts in federal aid to the states, including Minnesota. These cuts will not be timid. We anticipate reductions of several hundred million dollars per year. Simply put, a new day has arrived in Washington, D.C. and Minnesota must act now to meet the new challenge and to seize the new opportunity. Second, these federal cutbacks are coming on top of a structural problem in Minnesota's long-term budget, which alone threatens to create a $850 million gap between revenues and expenditures by the next biennium. As my Administration outlined in the January 1995 report "Within Our Means," this gap is created by several key cost drivers, including 1) more children and elderly 2) generous eligibility requirements for social services, long-term health and nursing home care 3) expensive standards and mandates, particularly in education and corrections, 4) the high cost of public employee benefits, and 5) mounting infrastructure needs, especially for school repair and prison space. The daunting size of this structural gap and our challenge is summarized well in the attached opinion piece by University of Minnesota professor John Brandl. An Equal Opportunity Employer g"� s "-r : 4 b February 22, 1995 Page Two of Three Third, despite the hopes and statements of many, the March forecast will not provide nearly enough revenue to spend our way out of this long-term financial hole. Further, I am unwilling to spend that money now. I will insist that any additional revenue in the March forecast be dedicated to helping us prepare for future federal reductions. Two options for dealing with these challenges are already off the table. First, the U.S. Congress is not going to reverse course and decide to return to business as usual. An ABC News Washington Post poll over the weekend showed that three in four Americans support passage of the Balanced Budget Amendment. The cuts mentioned above are real and they are coming, as early as October of 1995. As I have said before, I will not sign any broad-based tax increase. The February 19 Star -Tribune carried a long article which noted that several senior DFL legislators may consider extending sales taxes or ending several tax exemptions to generate new revenue. This is not a viable option. The people of Minnesota clearly said in the last election that they will not accept a general tax increase and neither will L With delay and tax increases off the table, we have only one option: to reduce spending. I know that is not the message some want to hear. But it is the reality and I ask your help in seizing this opportunity to restructure and reform our government, not only to make it more affordable, but to make it more effective as well. The FY 1996-1997 budget spends fully $1 billion._ more than in the previous biennium. In 1990, Minnesota governments ranked sixth among the states in spending per resident. We rated fourth in per capita health and social services spending, eighth in public school spending, 11th in roads and highways, and 18th in higher education. Most Minnesotans would agree that we have not underfunded government, but we' have underachieved on results. The days of open-ended funding requests are over. Further, if we refuse to act now, cuts in later years only get steeper, and more painful. We must think anew. We must rethink old assumptions. Specifically, rather than systematically asking for more money, let us ask ourselves how we can improve programs to make them more efficient, more responsive, more productive. How can administrative services be reformed? How can services among cities, counties, and school districts be shared? How can competition February 22, 1995 Page Three of Three and market incentives be introduced to lower costs and improve quality? How can cities,. counties, and school districts cooperate to target resources to the highest priority items? My administration is eager to hear your creative ideas, your innovative solutions. We believe you have many. For our part, I promise our good faith and our best effort. We want you as a partner, an investor, if you will, in our plans to ensure long-term financial security for Minnesota. Together, I am confident we can secure -it. I look forward to your recommendations. Thank you again for your consideration. Warmest regards, ARNE H. CARLSON Governor In search of a new evil - - to balance state budget Not even Mae West could get Minnesota out of the budget diffictilties ahead. You remember her theory of decision- making: When faced with a choice between two evils, I pick the one I haven't tried before." Traditionally there have been two budget evils, in- creasing revenues and decreasing expenditures. The first has been tried frequently and no longer has significant support. Now a splendid but dis- turbing new study by the Carlson administration shows why the second isn't the an- swer either. We need to invent a new evil. it ��• � John Brandl The study, called "Within Our Means," was published last month by Minnesota Planning, the state's long-range planning agency. You can get a copy by calling 296-3985. The able and devoted bureaucrats who wrote this study are way ahead of the politicians and the citizenry. They worked out the implications for the future of this fact: Budget demands widely regarded as legiti- mate and even crucial are growing faster than the state's economy. First let's dispense with the thought that increased revenues can bring us enough money to keep the budget balanced. "Within Our Means" as- sumes that the state will take in 65 percent more in taxes over the next decade. You were hoping for less. But that's the amount of additional money that would come in if ;tate and local taxes continue to consti- tute their current share, 18.4 per- cent, of personal income. Persisting in taxing at that rate would bring in additional billions of dollars from a growing economy, but would ,till leave us with ever larger dc' that somehow would have settled. The problem I'm ah, describe would be correspon.i:n ils more serious if tax revenues .:re reduced below 18.4 percent ,,i ; •r. for spending more money. We ,pent a lot more but are not getting the government we need. (Consider schooling. Do you think our kids are well enough educated?) Now Re- publicans are arguing for spending less. The Minnesota Planning study shows the inevitability of lower real expenditures for some of our most important governmental functions. If spending more money didn't get us the results we need, will spending less? The lesson is this: There is no prac- tical possibility that either raising taxes or cutting spending will solve our problem. Unless we figure out ways to get huge increases in the efticiency of government — more sonal income. Well, you say, we just need to cut out the fool- ishness from the state's budget. Here is where the study gets interesting. It shows that the bulk of state spending goes to just three items, each impor- tant to society's well- bein¢ and each creating mammoth future budget problems. The largest of these (education of the young and medical care for the aged) and the fastest-growing (correc- tions) are now experienc- ing xperienceing rapidly expanding, demographi- cally driven, demands. That's a fancy way of saying we have greatly increas- ing numbers of kids, elderly and con- victs. If you have been anticipating inflation-adjusted state spending per student or per nursing home resident to rise. forget it. One legislator who is trying to turn his colleagues' attention to this mat- ter is Rep. Howard Orenstein, DFL,; St. Paul. He notes that if all of the state's additional tax revenue for the next couple of years were devot- ed to schooling, health care for the elderly, and prisoners, there would only be enough money to keep the amount we spend per student, pa- tient and convict constant. No extra money would be available for an increase in anything else state and local government does. Say the Legislature did decide to spend all of this legislative session's revenue increase on "students, sen- iors and scoundrels," as Orenstein puts it. That would be the easy part. N'ow let's see what it would take to keep inflation-adjusted per capita ,pending on them constant as we go nto the future. The trend of reve- •.ues tending not to keep up with ;he items on which we spend the nionev will continue relentlessly. rhe difference grows by $500 mil - ,,,n to 5800 million every two cars. How much is that? Eliminat- for less — we will be much the poorersociety. we are going to have less buying power. Now, how can we neverthe- less get improved outcomes? That is state government's problem of the future. Its solution is the evil we need to invent. This won't be humorous or furl; -the interest group on whom the state spends money will complain bitterly and do their damnedest to intimi- date the politicians into continuing on with the status quo, ignoring the future. So tar this %ear they've been success- tul Ni the Capitol little willingness to ing AFDC would cut 5300 million, and eliminating the court system another $200 million. Dropping both might get us through the bud- get period starting in 1997. Then the 1999 session of the Legislature would have another $500 million shortfall to deal with. The demands of students and old folks would still be growing faster than revenues. The 1999 Legislature might only have to, say, eliminate the commu- nity college system (which now takes $200 million) and the prisons ($400 million). Then in 2001 elimi- nating special education ($500 mil- lion) would be almost enough to balance the budget for two more years. On and on it goes. And this has been the good news. The situation I've described continues until about the year 2010. Thereafter, state budgeting will take another sharp turn for the worse. The baby boom- ers will start retiring, thus simulta- neously leaving a smaller share of the population paying taxes and larger share expecting benefits. (This predicament is not peculiar to Minnesota. California's problem is considerably more critical. That state's economy is slower -growing, and its populations of schoolchil- dren, old folks and prisoners are expanding more rapidly than Min- nesota's. A recent study by the Rand Corp. projects future spend- ing on elementary and secondary students, medical care and prison- ers. If present trends and plans for those three areas hold, there wiH be zero money in the California budget for higher education or anything else by early in the next century.) You say it's ridiculous to contes- plate the state's dropping its courts, prison system, community colleges or special education. And it is ridic- ulous. But that just means we will have to get along on fewer resources per student, per patient and per prisoner. For a long time Democrats argued take on the challenge is evident,. though the governor has indicated he intends to revise the budget he seat to the Legislature last month. The situation is about to become des- perate. It cries out for a bipartisan effort at the Capitol. A governor and legislators who ignored and put off confronting this problem would ever after bear the dishonor of having betrayed their solemn duty to protect the state. John Brandl, a former state legisla- tor• is a professor at the University of ,Ifinnesota's Humphrey Institute of Public Affairs. February 23, 1995 The Honorable Joy Tierney, Mayor City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mayor Tierney: We at Tricord Systems, Inc. would like to take this opportunit the City Council, and everyone else at the City of Plymouth for helping us build a new facility to meet our continuin business y to thank you, 9 Hess growth. In December of 1993, we were located in 6 separate facilities 40,000 square feet with projections through December of 1994 forng 00,000 square feet. We had a choice of moving 200 employees to an existing facility outside of Plymouth or building a new building decided to build a 166,000 square foot facility on Nortwithin t g �/�/ he city. e hweBoulevard knowing that our growth projections would mean an accelerated building schedule that would be very difficult to meet. We moved in and building schedule are very happy that we chose Plymouth for our corporate offices. This and schedule could not have been achieved without the assistance o Your staff. f you and Again, thank you for all of your assistance in helping Tricord Systems build their new home. Sincerely, David L. Bussian Director of Administration U 95/02/28 12:10 MESSERLI KRAMER CMUNICIPAL C�ONIM�ISS ON MEMO DATE: February 28, 1995 TO: MLC Operating Committee FROM: Bob Renner, Jr. BE: Orfield Legislation - Scheduled Hearing N0.025 D02 1&M Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402-4218 Telephone: (612) 672-3600 Facsirzulc: (612) 672-3777 The Orfield tax equalization legislation is scheduled for a hearing in the House Tax & Tax Increment Financing Division of the Tax Committee on Wednesday, March 1 at x:00 a.m. The Orfield legislation is last on the committee schedule, so discussion/testimony should not begin until after 8:30 a.m. Joy q'ierney, Bob Erickson and I are scheduled to speak on behalf of the MLC. If you are interested in attending the hearing, it will be in room 200 of the State Office Building. Please also find attached a copy of an editorial from today's St. Paul Pioneer Press regarding the Orfield tax equalization proposal that supports the MLC position. As always, if you have any questions or need further inform&tion, please call me at 228- 9757. I1GR;j)p:fiG7:1_ I.Wfi In Member Cities: Apple Valley, Bloomington, Eagan, Eden Prairie, Edina, Lakeville, Maplewood, Minnetonka, Plymouth, Roseville, Shoreview, Woodbury 95/02/28 V N 12:10 MESSERLI KRAMER dp ,og�� b�d2. Aarae6 mCe6 .�a� p C.4 H iJ N m ;G �y •--• ,p,r yR..t Fl -S V .r '.E•O..+r0F7 ''�'•` lip jt'a O�•� a'NS a�y; cv .•� 00 a7 O) 6;:,^O•,� 5~; a •C? '� •a+ L' O C _ w 5barn P. w cu41 " JS " � p Z ,n @0 o i �3oao QL�..r y IV 41 oq : ' w0��. yV_� q^�"q m Off•� ,Cp.m0a.�x3ayOmrk tq6oJagz0CGi o ►a�C.tii�.m ay p 43- v, q .y�rr S IS:+Vw110+oa zWI. •'tCIC0 7 N0.025 P03 'O t6 •� c +'' G e6 'c� ti OFo ." �y N .s WEE y m w 418 go pa .w pRA WO 21 ai O �•. V-^ p. � � �Ndi �•pD.� Q d h i8.2-0 omi''�a "' yyo r-•�iq 6) Fy 'a N O+ F1 L� p-.� O q0 O •-� ++ u CA H �0) 10pp. 0gyl1A y •N .--� P ¢ f'r �'+ ' a „►+„44 y Gq y C p .•+ .OL" .fit-.-. [-� R1 yO E, U i6 U ++'O+ O O r.a id 7s�a,� i6 N A2 rte. b' a t•7 .Ow m i—.2 F.44. dtiv rte. °'o',o ia'yA°'X3dfo°1oa�io2 cd ■7.rif 5 OR 51 ow E QaQebJ2 y,dpowu `ddb �a'iF P. p c 'C w P. $ p. d „O„ Tsfl .L� 40 �+ aeQ ji•• G A grimOw •y .f7 M m F O C.F•. O p t. '� � � O d � F F+ F d, 6; 0l l y 'b � � d C � 0) Q1 �.'" •r+ � Vi p m 16. w cu ^" n dA td O.O. b � F0 tU CEO I.- .. C Cw d7 C O s � C , � V pp2 U Ry •i"a q § w 8 P E ...... .••..+ p a U F F OO.r O eJ al Y W LO. w a d N .�. V ?� Fq�. t0 6) d3 p fR N C m O y F7 03 "aw ��MC7C0 J';g A NCX, ¢q�UmOOcl.O> 1:6.,6 .2 1 ME V C rr' i� 2355 Jonquil Lane Plymouth, Mn. 554.4.1 February 27, 1995 DDwight D Johnson Plymouth (.pity Manager Plymouth }4n. Dear Mr Johnson; I thank you for your letter of February 13, and to the City Council for approving the contribution of �2000for rent to ?gest Fedicine Lake Com!:nunity Club and for paying it to the r`lub rather then to the Seniors. '.n1e the board members of the Flubs will be more then happy to meet with anyone at any time to work tog -ether. As Ive said before this is a long time. corning and we are happy to know that there is an interest and are hoping for a sucessful resolution. �'ncerely ?a�'e`" t?�ilne r`��� President Senior Citizens o ENy1(Wi�'I IIOnIIr,' n Z W o $ LyB,M UEVE �P Dwight Johnson, City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mr. Johnson: M-- LV U.S. Department of Housing and Urban Development Minnesota State Office 220 Second Street, South Minneapolis, MN 55401-2195 FFB 2 4 1gp5 Subject: Consolidated Plan Approval Plymouth, MN It is with great pleasure that I am forwarding the approval of your Consolidated Plan for Fiscal Year 1995. This approval is the end result of an extraordinary effort on the part of your staff to integrate long and short term development needs with Community Development program resources. Enclosed you will find funding approval contracts and/or grant agreements for the following programs and amount: CDBG $323,000 Please execute the attached documents and return two copies of each document to our office. As you review each document please note any special conditions and/or program reminders for each program. The Department views your approved submission as a living planning document which will allow you the flexibility to respond to changing needs in a thoughtful and coordinated manner. My staff and I look forward to working with your community in the coming months. If you have any questions or concerns you may contact me directly at 612-370-3019. My staff contact point for program management issues is John Swanson, and he can be reached at 612-370-3022. Sincerely, d— Shawn G. Hu 6-1d4 Director, C- maunity Planning & Development Attachments cc: Ed Goldsmith HRA Supervisor P4 / [16�3 D AVE. NN. - --- w `� w C.. o \\ � .o• �i i j J 1�4ap1t, F4 r rove, ,a Oiyy,�ObN j � r 1 � w ti C.R. 47 6 J 1" o O A J i * Ld �o /f 4 Q z o Z Of 56TH AVE. N. \ J W Q J J Q Z — ao \� r I— � w 5 TH AVE. N. \ LLJ� Q _JJill X Z o W a o J n G' ' O L O o u N X W ROCKFORD RD. U .8 CA cod pap © �Z N NW N j o 1 O 0 February 28, 1995 «NAME» <<ADDRESSI» «CITY», <ST» <<ZIP» SUBJECT: PEONY LANE ALIGNMENT STUDY - CITY PROJECT NO. 502 Dear Property Owner: =` L 5 The City of Plymouth's adopted Transportation Plan indicates the need for a major roadway extending northerly from the Highway 55/County Road 101 intersection to the Plymouth north City limits. The extension of this roadway is also included within the Maple Grove plan and continues to I-94. The roadway will follow the existing alignment of Peony Lane from Highway 55 to approximately 54th Avenue. Within Maple Grove, the roadway will follow the alignment of Lawndale Lane. On the back of this letter is a map with five alternatives being considered by the City for the alignment between 54th Avenue and its connection with Lawndale Lane in Maple Grove. This roadway is necessary to provide an adequate transportation system for the Wayzata High School which will be constructed at the northwest corner of Peony Lane and the Soo Line Railroad. This roadway will also provide the major transportation link for the northwest portion of Plymouth to access the existing major highways. Construction is scheduled to begin on this roadway during the later part of 1995 with its completion in 1997 before the school is scheduled to open. In order to establish the proper alignment of this roadway, the City has retained the consulting engineering firm of Strgar-Roscoe-Fausch, Inc. Based upon their preliminary analysis, the alternate alignments shown on the back of this letter can all feasibly be constructed. You and other property owners within this area are being invited to a meeting to provide any comments which you may have to the City and our consulting engineer. The meeting will be held at the Plymouth City Center building, 3400 Plymouth Boulevard on March 15, 1995 at 7:00 p.m. The consultant will have available aerial maps of the area indicating the alternate alignments which are being considered. If you are unable to attend the meeting, please feel free to submit any comments that you have in writing. Also, you can contact me at 550-5080 if you have any questions. Sincerely, Fred G. Moore, P.E. Director of Public Works We Listen • We Solve • We Care 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550-5000 PEONY LANE - PROJECT 502 MAIUNG AAPREAAw P CITYo PLYMOUTH -SCALE OF MILES S 1n 3i4 r=rvm roar ra: -c" H c segcg'slz :zz :iguiI llI ag 8 ge «�«g=8gg esa# g tt8 s :_s ss_ «E_SeBe_e • rs: a s z � � P o� �.. , uourauxr . PARKERS B= r-Zisr.•.ie7 �^a CAKE W- �T WE `. Eff 1 � � P o� �.. , uourauxr . PARKERS B= r-Zisr.•.ie7 �^a CAKE STREET MAP--- -.� EDEMSMEx, R,IMXT, �•�.,� W- WE `. Eff 1 STREET MAP--- -.� EDEMSMEx, R,IMXT, �•�.,� . , to %,.- DATE: February 27, 1995 TO: Dwight D. Johnson, qity Manager FROM: Fred G. Moore Director of Public Works SUBJECT: CONSIDERATION OF SOUTH SHORE DRIVE TRAFFIC IMPROVEMENTS (CLOSURE AT BASSETT CREEK) Although we are two weeks behind schedule, we have completed the in-house engineering review of the several aspects of a proposed project which would close South Shore Drive at Bassett Creek. I am attaching a copy of your January 18, 1995 memorandum to Councilmember Nick Grannath outlining a possible procedure for this consideration. We have completed Item No. 1 in that memorandum. The following is a summary of the items. Each item is covered in more detail in the attached memorandum from the City's traffic consultant or from the Design Division of the Engineering Department. Also attached is the letter which you received from the City of Medicine Lake: 1) Engineering staff conduct an in-house review of several aspects of the project including: a. Feasibility of establishing needed turn-arounds on both sides of the bridge if traffic is cut off at the bridge. COMMENTS: 1. It is feasible to construct turn-arounds. 2. The estimated cost is $50,850. 3. Additional right-of-way would have to be acquired to construct the turn- arounds. M1 V SUBJECT: CONSIDERATION OF SOUTH SHORE DRIVE TRAFFIC IMPROVEMENTS (CLOSURE AT BASSETT CREEK) Page Two b. Review the available traffic data for the Highway 55/South Shore Drive intersection to determine traffic changes by street closure. COMMENTS: 1. Current traffic counts (June 1994) were available. 2. The overall operation of the intersection is currently at Level of Service D (approaching unstable flow) during peak hours. 3. The South Shore Drive southbound approach currently operates at Level of Service E (at capacity/unstable flow conditions) during the peak hours. 4. Any substantial growth in traffic on this southbound approach due to either new development or diversion of existing traffic will likely make the intersection operate at Level of Service F (over capacity/force flow conditions). c. Review any information in the response from the City of Medicine Lake. COMMENT: 1. There are five statements in the January 25 letter from the City of Medicine Lake. Either these are factual statements or we do not have any additional comments. d. Consider the possibility that South Shore Drive should be included as part of the City's general Street Reconstruction Program if turn-arounds are constructed. COMMENTS: 1. The street has a rating of 69. A street with a rating below 70 is considered to be in poor condition. 2. If cul-de-sacs are constructed, the entire reconstruction of South Shore Drive should be strongly considered with the project. South Shore Drive is classified as a "Minor Collector" street in the City's Transportation Plan. As part of any consideration or closing the street to through traffic, a public hearing should be held by the Planning Commission or amending the Transportation Plan. If a decision is made by the City Council to close the street, the Transportation Plan Amendment requires review by the Metropolitan Council. T- LO SUBJECT: CONSIDERATION OF SOUTH SHORE DRIVE TRAFFIC IMPROVEMENTS (CLOSURE AT BASSETT CREEK) Page Three The next step in the process as outlined in your January 18 memorandum would be a meeting with the neighborhood. This would include both the affected area of Plymouth and Medicine Lake. A report should be mailed out to all residents prior to the meeting. The purpose of the meeting would be to discuss this information and the other options with the residents. After you have reviewed this material, I would like to discuss with you how we proceed on any proposed traffic changes on South Shore Drive. As previously outlined, the next step would be a neighborhood meeting. attachments DATE: February 24, 1995 TO: Fred G. Moore, Director of Public Works FROM: Ronald S. Quanbeck, P.E., Civil Engineer SUBJECT: SOUTH SHORE DRIVE AT BASSETT CREEK Pursuant to your request, the potential for constructing two cul-de-sacs on South Shore Drive was investigated. The cul-de-sacs would be located on either side of the bridge crossing Bassett Creek and extend south of South Shore Drive to avoid encroaching on existing residential properties north of the street. Figure 1 shows the locations considered. PROJECT DESCRIPTION For this preliminary review, the minimum amount of construction necessary to build the cul-de-sacs to City standards was considered. Each cul-de-sac has a 40 foot radius and concrete curb and gutter. Existing grades were maintained to minimize the area of street disturbed. Methods to block traffic and improvements for the rest of South Shore Drive and the bridge were not considered. In addition construction of storm sewer and wetland or floodplain mitigation were not included. The 1993 update for the Pavement Management System indicates that South Shore Drive from 13th Avenue to the City of Medicine Lake boundary has a rating of 69. A street with a rating below 70 is considered to be in poor condition. Therefore, reconstructing South Shore Drive should be strongly considered along with this project. The DNR Protected Waters Inventory indicates that a DNR protected wetland is located south of South Shore Drive. During previous projects near this wetland, the DNR has estimated the ordinary high water mark to be 887.5 or 887.7. In addition, between South Shore Drive and the railroad tracks south of the street the projected 100 -year frequency flood elevation of Bassett Creek is 888.6. SUBJECT: SOUTH SHORE DRIVE AT BASSETT CREEK Page Two T- to The cul-de-sac west of Bassett Creek does not encroach on the wetland or floodplain. Two locations were considered for the cul-de-sac east of Bassett Creek. One is approximately 90 feet east of the creek, the other is approximately 170 feet east of the creek. The cul-de-sac location closer to Bassett Creek encroaches on the wetland and floodplain to a greater extent than the easterly location. The cul-de-sac closer to the creek would remove fewer trees, however, a fire hydrant would need to be relocated and construction would cost more. The primary advantage of this location is that it simplifies providing access to the second driveway for the residence at 10406 South Shore Drive. However, both locations can provide this access. COSTS Costs for construction of the cul-de-sacs described above have been estimated. As noted the cost is for the minimum construction necessary to build the cul-de-sacs and does not include improvements to the street, bridge, or potentially required wetland or floodplain mitigation. The construction cost for the westerly cul-de-sac is estimated to be $17,600. The estimated cost for the cul-de-sac east of Bassett Creek if located further from the bridge is $16,900. The location closer to the bridge costs an additional $3,400 and would require greater mitigation. In addition to the construction cost, the right-of-way acquisition cost is estimated to be $6,000 and indirect costs (e.g. engineering, administration, legal services, etc.) are estimated to be $10,350 or 30% of the construction cost. Below is a summary of the project costs: COST SUMMARY Construction cost $34,500 Indirect cost $10,350 Right-of-way acquisition $ 6,000 Total project cost $50,850 SUMMARY Construction of cul-de-sacs for South Shore Drive on either side of the bridge across Bassett Creek is a feasible project. Locating the cul-de-sac approximately 170 feet east of the bridge will minimize floodplain and wetland impacts while still providing necessary access. The cost for construction of the two cul-de-sacs (assuming the easterly location) is estimated to be $50,850. Inclusion of this construction into a larger project providing improvements for the remainder of South Shore Drive should be strongly considered. cc: Daniel L. Faulkner Daniel K. Campbell y SpDT SypR \\ 1210 r �/ X00 000 J z-- CONSTRUCTION OMITS �J(� J / < ) �� vi Q� 0 PROPOSED SOUTH SHORE DRIVE CUL-DE-SAC LOCATIONS 889 _ a • 30 0 30 scale feet POTENTIAL LOCATION /— PREFERRED LOCATION FIGURE 1 =` SRFSTRGAR-ROSCOE-FAUSCH, INC. CONSULTING ENGINEERS & PLANNERS TRANSPORTATION ■ CIVIL ■ STRUCTURAL ■ ENVIRONMENTAL ■ PARKING SRF No. 0942187 MEMORANDUM TO: Daniel L. Faulkner, P.E. City Engineer City of Plymouth FROM: Dennis R. Eyler, P.E., Principal Jeff Bednar, Senior Traffic Engineering Specialist DATE: February 1, 1995 SUBJECT: SOUTH SHORE DRIVE/HIGHWAY 55 INTERSECTION OPERATIONS As you requested, we have completed a review and analysis of the subject intersection. Based on this review and analysis the following comments are offered for your consideration: 1. Based on traffic counts from June of 1994 (most current available) the subject intersection currently operates overall at a Level of Service D (approaching unstable flow conditions) during the peak hours. 2. The South Shore Drive southbound approach to this intersection currently operates at Level of Service E (at capacity/unstable flow conditions) during the peak hours. 3. Average intersection delay per vehicle on this southbound South Shore Drive approach is currently almost 58 seconds during the a.m. peak hour. When the average delay per vehicle exceeds 60 seconds this approach will operate at Level of Service F (over capacity/forced flow conditions). 4. Any substantial growth in traffic volume on this southbound South Shore Drive approach to Highway 55, due either to new development or diversion of existing traffic, will result in a degradation of traffic operations at the subject intersection. 5. Reconstruction of this intersection to provide additional lanes of approach could improve traffic operations. However, the costs associated with this reconstruction would be significant. Should you have any questions or comments concerning this review and analysis, please contact us. Attachment Suite 150, One Carlson Parkway North, Minneapolis, Minnesota 55447-4443 (612) 475-0010 FAX (612) 475-2429 T.H. 55 CORRIDOR MANAGEMENT PLAN SO. SHORE DR. —] C.S.A.H. 73 lanes S. B. Rfree/ T/L out 1425 L 175 34000 Totals T 1825 in 2175 R 175 T.H. 55L T lan _ T E.B R free M PEAK HOUR Critical Lane Calculations 5750 120 Crit. Lane Vol. 60 SB Th 1148 north Rfree lanes in S Shore out T W.B. 325 < Totals > 250 T R T L L T.H. 55 125 75 1251 in L 175 25 R 1275 is 810 1200 T Totals 32000 R 150 50 L 2025 out 100 50 75 �— out L T R L/T/Rfree 300 < Totals > 225 T out CSAH 73 in lanes south T N.B. Total 5250 E.B 1 4000 NB LT 120 WB LT 60 SB Th 38 EB Th 913 lanes 158 375 < Totals > 973 SB LT 150 EB LT 210 NB Th 25 WB Th 600 L 175 175 34000 Totals 810 Crit 175 R 150 973 R 158 175 175 810 T.H. 55 CORRIDOR MANAGEMENT PLAN SO. SHORE DR. C.S.A.H.73 9250 1148 968 lanes north 90 S.B. in S Shore EB Th R free/ T / L lanes out 375 < Totals > W.B. 550 T EB LT R T L T.H. 55 175 75 out 2150 L 175 R 2075 in 34000 Totals T 1175 75 in 1500 R 150 out R L/T/Rfree 175 175 T.H. 55L L T lanes T Total 300 < Totals > Ian 4425 T out CSAH 73 E.B Rfree south M PEAK HOUR - 1994 7750 1148 968 Critical Lane Calculations NB LT Crit. Lane Vol. WB LT 90 1358 38 EB Th R free lanes out T W.B. 550 T EB LT L L T.H. 55 1251 in 200 R 2075 in 1800 T Totals 32000 75 L 1425 out 125 out R L/T/Rfree 475 in lanes N.B. Total 4425 Critical Lane Calculations NB LT 210 WB LT 90 SB Th 38 EB Th 588 248 678 SB LT 150 EB LT 210 NB Th 88 WB Th 900 238 1110 Crit 248 1110 1358 238 678 915 Lk 06/01/94 BY STRGAR - ROSCOE - FAUSCH, INC. HCM/Cinema V2.0 ORGANIZATION: Strgar-Roscoe-Fausch Inc. EXISTING COUNT (06-01-94) HWY 55 / CSAH 7:' SUMMARY ANALYST: S.R.F./J.BEDNAR ANALYSIS DATE: 01-:0-95 ANALYSIfs PERIOD: • ---------------------- AM PEAK --------------------------------------------------- HOUR CASE: SSD55AM LANES A GEOMETRY: MOVEMENTS SERVICED BY LANE AND LANE WIDTHS (FT) App OutbndA Lane i A Lane 2 A Lane .T A Lane 4 A Lane 5 n Lane 6 EB 4 2 A L 12.ON T 12.05 T 12.OA R 12.0A A WB 4 2 n L 12.03 T 12.OA T 12.05 R .12.09 A NB _ 1 A L 12.OA T 12.OA R 12.09 A A SB _ .1 A L -------------------------------------------------------------------------- 12.05 T 12.OA R 12.05 A n A EAST n WEST n NORTH A SOUTH Data A L A T A R A L n T A R A L A T 9 R A L A T A R ------ N A A ti A a ti H Mvt Vol (vph) A 175RIS255 1755 50R1200A 259 1005 509 755 1259 759 125 PHF A .905 .9r 5 .909 .905 .905 )n . 90A .905 .90R .903 >A . 905 .905 .90 %Hvy Vehicles 9 39 35 .'n 35 5 3N _:A .=tin 39 35 R - -------------- A -------------- A -------------- A -------------- 9-------------- RTOR Vol (vph)n 175 A 25 n 50 n 125 Peds/Hour 9 0 A 0 A 0 A () Arrival Type A _ A - A - 9 - ;: Grade 9 0 A 0 9 0 n 0 Parkers/ Hour A 0 9 0 A 0 A �) Buses/Hour n ----------------------------------------------------------------------------- i_) A 0 A 0 A ) SIGNAT_ SETTINGS: ACTUATED DESIGN ANALYSIS CYCLE LENGTH: 120 PHASE: n 1 A 2 n - n 4 5 5 A 6 n 7 9 8 APED ONLY ----------9------A------A ------A ------A-------A ------9------A------A-------- EB n L A LTR n TR A R A A n n n WB A L A A Tri A R A 9 n A n NB A R A n A L_ n TR n n A n SB A R 9 R A A L 9 TR n A A A GREEN A 4 A 27 A 56 A 12 A 7 n 0 A 0 A 0 A 0 YELLOWFi 2 A 2 A 2 A _ A 2 A 0 A 0 A 0 A RED A i) n 0 F', 1 A 0 A 1 A 0 n 0 n 0 A LOST TIME PER ----------------------•----------------------------------------------------- PHASE: 3.0 SEC LOST TIME PER CYCLE: 12.0 SEC CAPACITY ANALYSIS RESULTS (HCM PROCEDURE) n APPROACH: Lane Cap v/c g/c Lane v/s Delay n Delay LDS App Group (vph) Ratio Ratio Group Ratio (sec/veh) LOSA(sec/veh) --- ------ ----- ----- ----- --- - ----- --------- ---9-------- --- EB I._ 467, .42 .23 L .12 27.5 D n 11.5 B T 2512 .85• .71 T .60 10.0 B A R 143 .00 .81 R Wo .0 A A A WB L 56 1.00 .iia L .03 .135.6 F A 25.3 D T 1655 .85 .47 T .39 20.8 C n R 1005 .00 .57 R .00 .0 A n A NB L 168 .66 .10 L .07 45.8 E n 42.1 E T 103 .54 .06 T .03 39.2 D n R 126 .2.1 .08 R .02 )2 --.- D n A SB L 168 .8' .10 L_ .08 58.9 E 9 57.8 E T 103 .81 .06 T .05 56.1 E A R 576 .00 .32 R .00 .0 A 9 A INTERSECT: DELAY = 20.1 1 SEC/VEH Xc = .85 LOS = C Sum (v / s) CR = .76 HCM/Cinema V2.0 ORGANIZATION: Strgar-Roscoe-Fausch Inc. EXISTING COUNT (06-01-94) HWY 55 /CSAR 7.? SUMMARY • - ANALYST: S.R.F./J.DEDNAR ANALYSIS DATE: 01-=0-95 ANALYSIS PERIOD: PM PEAK HOUR CASE: SSD55AM -------------------------------------------------------------------------- LANES A GEOMETRY: MOVEMENTS SERVICED ESQ! LANE AND LANE WIDTHS (FT) App OutbndA Lane 1 3 Lane 2 A Lane 3 n Lane 4 A Lane 5 A Lane b EES 4 2 A L 12 .Oh T 12 -ON T 12.05 R 12.05 A WD 4 2 A L 12.05 T 12 -OR T 12.05 R 12.09 A NIt ._ 1 A L 12.E 3 T 12.03 R 12.0A n n SP 3 1 A L .12.05 T 12.03 R 12.OA n n --------------------------------------------------------------------------- A EAST A WEST 3 NORTH A SOUTH Data A L A T A R A L A T A R A L A T A R A L A T A R --------------A A A A A A N A Mvt Vol (vph) n 175511755 150A 7531800A 2003 1755 1755 1255 1255 753 175 FHF 3 .9� A .90A .90A .90m .90m .90A .90A .90H .90H .90m .90H .90 %Hvy Vehicles n 33 35 •'•N LA 35 33 39 =3 35 35 3N - -------------- RTOR Vol (vph)A 150 A 125 n 75 A 175 Peds/Hour A 0 A G A 0 A 0 Arrival Type A - A _ A _ A - Grade A 0 A 0 A 0 A C) Parkers/Hour A 0 A 0 A 0 3 0 ESUSeS/Hour A 0 A 0 H 0 A 0 --------------------------------------------------------------------------- S I GNAL_ SETTINGS: ACTUATED DESIGN ANALYSIS CYCLE LENGTH: 120 PHASE: 3 1 A 2 A - A 4 n 5 n 6 3 7 n 8 APED ONLY -------- ti A N ELS A' L A LTR A TR A R A n 3 n A WB A L A A TR A R A A n n A NES A R n A A L n TR A 3 A A SES 3 R A R A A L n TR n n A A GREEN n 6 A 6 A 68 3 13 A .13 3 0 A 0 A 0 A Q YELLOWS 2 A - 3 2 A - A 2 A 0 9 0 A t,► 3 RED 3 0 n 0 A 1 A 0 A .1 A 0 A 0 A 0 A LOST TIME PER PHASE: 3.0 SEC LOST TIME PER CYCLE: 12.0 SEC ----------------------------------------- -------------------------------- CAPACITY ANALYSIS RESULTS (HCM PROCEDURE) 3 APPROACH: Lane Cap v/c g/c Lane v/s Delay n Delay LOS App Group (vph) Ratio Ratio Group Ratio (sec/veh) LOSA(sec/veh) --- ----- ----- ----- ----- ----- ----- --------- ---A-------- --- ED L_ 196 .99 .12 L .12 36.7 F A 13.1 C T 2275 .60 .64 T .39 8.4 ES A R 1330 0 , oc-) .75 R . 00 , i ) A A A WES L_ 84 .99 .05 L .05 114.6 F A 41.8 E T 2009 1.05 . 57 T .59 40.4 E A R 1017 ,08 .63 R .06 4.3 A n A NES L 132 1.07 ..11 L .12 115.2 F A 88.8 F T 192 1.01 .11 T .11 79.7 F n R 226 .25 .15 R .04 29.2 D n F; SES L 182 .76 .11 L .08 51.1 E A 44.4 E T 192 .40 .11 T .05 33.2 D A R 399 .00 .22 R .00 .0 A n ri INTERSECT: DELA`! 38.l SEC/VEH Xc = 1.04 LOS = D Sum (v/s) CR = .93 City of Medicine Lake 10609 South Shore Drive • Medicine Lake, Minnesota 55441 • (612) 542-9701 January 25, 1995 Dwight D. Johnson City Manager City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Dwight: RE: Potential closing of South Shore Dr. at the bridge We appreciated your notifying us of the captioned. This is the type of communication and consideration that fosters good relationships between cominunities. s-�.O %k�- I have conferred with both the Medicine Lake City council and individual citizens. A list of our concerns follows: • Increased traffic by Willow Woods and South Shore Park. Willow Woods has over 100 children and they have to cross the street to get to the park. • Increased traffic at 55 & South Shore Dr. where many accidents and two fatalities have occurred over the past few years. • Impeding emergency response vehicles, mail routes, service vehicles, recycling, etc. • Hurting the businesses of the Country House and the Flying Tiger. -+---R c flow over the bridge goes back before Medicine Lake was a city in 1944: e closing of the bridge would create a hardship for Medicine Lake a�fd\Plymouth residents S►' lc 1�.._ • There was a train derailment by the Flying Tiger in 1994. This closed South Shore Dr. heading south. This caused Plymouth & Medicine Lake residents to use South Shore Dr. heading east. Emergency response was definitely curtailed at this time. I will call you soon for an appointment to discuss this issue. Concerning a separate but related subject, the City of Medicine Lake is interested in strengthening it's relationship with Plymouth. I Understand from a conversation you had with Mary Anne Young (Medicine Lake councilmember) that you share this sentiment. We should plan to address this subject as well when we meet. Sincerely yours, Tom Schrader Mayor cc: Medicine Lake City Council CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447 DATE: January 18, 1995 TO: Councilmember Nick Granath FROM: Dwight D. Johnson, City Manager SUBJECT: Procedure for considering South Shore Drive traffic improvements You have recently inquired about the procedure for considering projects for traffic improvements along South Shore Drive. At a recent meeting with some neighbors in the area, the possibility of blocking the road to.through motor vehicle traffic at the bridge was discussed. Other options may also be possible. I would suggest that the following general procedures and timetables should be pursued. 1. City engineering staff should conduct an in-house review of several aspects of the project including: a. informally reviewing the feasibility of establishing needed turnarounds on both sides of the bridge if traffic is cut-off at the bridge. b. reviewing any available traffic data or studies which would show if any unusual burden would be placed on the intersection with Highway 55 if South Shore Drive is cut-off at the bridge. Updated traffic counts may be needed. c. reviewing any information in the response from the City of Medicine Lake to the proposal that can be evaluated with relatively minor commitments of staff/consultant time. d. consider the possibility that South Shore Drive should be included as a part of the City's general street reconstruction program if turnarounds are constructed. Frame: Completion by February 10, 1995 2. The results of the additional research should be presented to the entire neighborhood. A written report should be mailed to all residents abutting South Shore Drive. A neighborhood meeting with city staff to discuss the information and the options with the residents could be organized by the City Time Frame: Completion by March 3, 1995 3. The neighborhood should indicate its interest in continuing with a project and various options. This could be done either at a neighborhood meeting, through a City survey of residents, or through a citizen petition process. Time Frame: Completion by March 14, 1995. 4. The information, including neighborhood input, should be formally presented to the City Council. If the Council wishes to proceed with a project, a feasibility report would be authorized. Time Frame: City Council meeting of March 21, 1995. 5. The Council would receive the feasibility report, including costs, and decide whether or not to proceed with design and bidding for the project. Time Frame: City Council meeting of April 18, 1995 Note: The City of Medicine Lake should be kept informed throughout the process. cc: Mayor and City Council DATE: February 22, 1995 TO: Council Member Nick Granath cc: Mayor, Council Members and City Manager Dwight Johnson FROM: Anne Hurlburt, Community Development Director SUBJECT: Expanding Housing Opportunities in Plymouth You asked that I outline practical steps that the City could take in order to expand overall housing opportunity in our community. As you requested, I'm not going to provide any details, but just a preliminary listing of pro -active options. Simply stated, I believe that there are three general categories of actions that Plymouth could pursue: Re ug latory changes to remove "barriers" to affordable housing: While Plymouth does not have all of the many "barriers" to affordable housing that are often cited (such as large minimum house sizes and triple -car garage requirements) there are some changes we could make to our development regulations to reduce the cost of development. Standards we should examine include minimum lot sizes, densities, and PUD procedures and requirements. • Land use Dlannine to provide locations for affordable and "life-cvcle" housing oDDortunities: Probably the largest "barrier" to affordable housing in Plymouth is the lack of available sites for development, and the high prices that have resulted from the competition for land. As the City considers expanding its urban service area into the northwestern part of Plymouth, we need to identify sites for housing of all types and price ranges. We may also be able to identify sites within the current urban service area that could be reguided to meet some of our housing needs. • Programs DrovidinQ direct assistance to increase housing affordabilitv: The City, through its HRA, operates several programs that provide direct assistance to individuals in need of affordable housing, including Plymouth Towne Square, Section 8 rental assistance, a first-time home buyers program and other activities funded by CDBG funds. Exploring new programs and opportunities that the HRA can offer will be an important part of demonstrating the City's commitment to providing affordable housing. In 1994, we collected and assembled much of the land use, housing, and demographic data needed to move to the next steps in planning for affordable housing. In 1995, the planning do to process for Northwest Plymouth will include updating the Housing Element of the Comprehensive Plan. Housing will also be very much a part of the "cluster planning" process for the Elm Creek Interceptor. In addition, the HRA is beginning a strategic planning process of their own to set their future role and directions. It will be a challenge to integrate all of this work into a comprehensive strategy for increasing affordable housing in Plymouth. Please let me know if you want to discuss any of these points or have any questions. We will have many opportunities to consider the issue of housing affordability in the coming year. Thank you for your interest in this area. cd\p1an\memos\5059\nikhous. doc 2 ..�i• ilrrt�ul��i•r� ::�'"�i�:a:'�1��,'���s.. ��,�,:'.Y.`:°`:;.:>;�.�: _ . . .. ..................�::.:.....:. .. ..............:.34�#•� $�l�:d::,, ;::.. . ............ ....:...:::::..:..:.: Date. Thursday, February 16, 1995 To: Ms. A. Hurlburt, Director of Planning Dept. via, fauimile Subject: Expanding Housing Opportunities in Plymouth Co., Mayor, Council Members, City Manager & Staff • Thank you for your telecon response to my inquiry today. As a follow-up I would like to make the following request, which if I receive an answer to within this month will be fine. • Please indicate by listed items those practical steps that the City could take in order to expand overall housing opportunity in our community. I am not asking for any detail or discussion only a preliminary listing sof pro -active options, • Our City will have occasion this year to address this issue and consider action regarding this matter. • i have already indicted to my honorable colleagues that I stand in favor of taking steps to expand housing opportunity for all income ranges in our community, wherever appropriate. TQM CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447 DATE: March 2, 1995 TO: Mayor and City Council FROM: Dwight D. Johnson, City Manager SUBJECT: Summary of Events Tax Increment Financing Bill. Last week, I noted that HF 147 would apparently cost us over $15 million. After meeting with our bond counsel, Dan Nelson, and our financial advisors from Springsted, this was confirmed. This week, I have personally visited with Rep. Dennis Ozment, author of the house bill; Sen. Gen Olson, introducer of the companion bill in the Senate; Rep. Todd Van Dellen; and Rep. Ron Abrams. Ron Abrams is one of the co-sponsors of the bill. I have also faxed all of them a letter which is attached. Ron Abrams has agreed to meet with us Friday afternoon this week. He gave us an amended version of HF 147 which does very little to solve Plymouth's problem. At best, it might allow us to continue with the re-routing of Medicine Lake Road for the new West Medicine Lake park, since we have already spent funds to acquire three houses in the area. We hope to know more about what our chances of amending the bill are after the Friday afternoon meeting. Other Legislation. Legislation by Myron Orfield (HF 779 attached) has been introduced and will be heard next week that would make it nearly impossible for the new Wayzata High School to be built, since it would not allow extensions of the MUSA line for new schools if any land was available anywhere within the MUSA line for the school. Most of the parcel bought by the City and District 284 is outside the MUSA line. Until now, it has been routine for the Met Council to extend the MUSA line to accommodate schools. MLC (Municipal Legislative Commission) cities were also invited to the Governor's office this week to hear about new changes in the State Budget in response to the devolution of programs from the Federal Government to the states. The good news is that no further cuts in HACA were announced, leaving us with the original $220,000 cut as the main proposal on the table. Also, suburban school districts should fair slightly better under the revised budget proposal. The hearing on Myron Orfield's tax base sharing proposal was continued until next week. Mayor Tierney was present this week to testify on behalf of the MLC. Orfield's latest effort is to try to show that the southern and western suburbs have "cadillac" services which cause us to have a high amount of per capita spending compared with the poorer northern suburbs. Figures in our office show that Plymouth is lower in per capita spending than the average of the larger northern suburbs. Ess property. We have been notified by the attorney for the Ess property that they are suing the City for breach of contract in purchasing their property southwest of I-494 and Schmidt Lake Road. The reasoning is that when we agreed to a price last year, we were in effect offering to purchase, even though the Council never voted to approve the purchase. In the alternative to a breach of contract, the suit asks that the City be required to pay for the land because of inverse condemnation. In other words, they claim that the City's refusal to put a road through from Lundgren's nearby development effectively denied the Ess property of access and value and therefore amounted to a taking. The suit has been referred to both our City Attorney and our League insurance attorneys. Met Council Cluster Planning. The third meeting between the cities of Brooklyn Park, Maple Grove, and Plymouth with Met Council staff was held this week. We further developed a proposed focus for the study efforts for the remainder of the year. Much of our effort has been aimed at ridding the proposal from unfounded assumptions and biases. We believe that we are being reasonably successful at this so far. However, the proposed study is very ambitious and has never been done before in a cluster planning process. The proposed scope of study is supposed to be ready for each of the three Councils to review later in March. Brooklyn Park continues to maintain that it will pay no cost sharing for its portion of the sewer, which may or may not cause the process to unravel. They maintain that they do not need the sewer for at least five to seven years, and won't need all of it for more than 20 years. The Met Council could accommodate Brooklyn Park by charging them only on a connection basis. Medina is now being included and is expected to attend the next meeting next week. March 13 meeting. A study session has been scheduled for March 13 on financial planning, capital improvement planning, and specific issues regarding a possible bond referendum for open space and trails. We hope to have some of the information ready by Friday evening this week in your Planning Commission packets so that you can look at it a week early. Please look in your planning commission packet for this. TO: Amme Hurltud From G my Harris 7127185 Page 2 of 5 H.F. No. 779, as introduced by Myron Orfield 1.1 A bill for an act 1.2 relating to land use planning; clarifying 1.3 determination of benefit for assessments on land 1.4 subject to a conservation easement; amending 1.5 provisions governing the relationship of zoning and 1.6 planning; establishing criteria for metropolitan 1.7 council land use decisions; amending provisions 1.8 relating to metropolitan agricultural preserves; 1.9 amending Minnesota Statutes 1994, sections 462.357, 1.10 subdivision 2; 473.858, subdivision 1; and 473H.15, 1.11 subdivisions 1 and 9; proposing coding for new law in 1.12 Minnesota Statutes, chapters 84C; 429; and 473. 1.13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.14 Section 1. [84C.06] [PROPERTY VALUATION; ASSESSMENTS.] 1.15 In determining the value of land subject to a conservation 1.16 easement for property tax pura� oses, or the amount of an 1.17 assessment on land subject to a conservation easement, the 1.18 government body shall follow section 273.117 or 429.053. 1.19 Sec. 2. [429.053] [CONSERVATION EASEMENTS.] 1.20 A government body shall consider the effect of a 1.21 conservation easement in establishing the amount of benefit, if 1.22 any. the land has received or will receive from the public 1.23 ir�nprovement for which the government body is determining the 1.24 amount of assessment. 1.25 Sec. 3. Minnesota Statutes 1994, section 462.357, 1.26 subdivision 2, is amended to read: 1.27 Subd. 2. [GENERAL REQUIREMENTS.] At any time after the 1.28 adoption of a land use plan for the municipality, the planning 1.29 agency, for the purpose of carrying out the policies and goals 2.1 of the land use plan, may prepare a proposed zoning ordinance 2.2 and submit it to the governing body with its recommendations for 2.3 adoption. Subject to the requirements of subdivisions 3, 4 and 2.4 5, the governing body may adopt and amend a zoning ordinance by 2.5 a two-thirds vote of all its members. cs> 2.6 municipal plan is in conflict wifli flic zoning oi dinance,--the 2.7 zurring or diturricr, supen sedus dir, plan. 2.8 Sec. 4. Minnesota Statutes 1994, section 473.858, 2.9 subdivision 1, is amended to read: 2.10 Subdivision 1. Within three years following the receipt of 2.11 the metropolitan system statement, every local governmental unit 2.12 shall have prepared a comprehensive plan in accordance with 2.13 sections 462.355, subdivision 4, 473.175, and 473.851 to 473.871 2.14 and the applicable planning statute and shall have submitted the To: Arne Htulburt From Cerny Hams 2127185 Page 3 of 5 2.15 plan to the metropolitan council for review pursuant to section 2.16 473.175. The provisions of sections 462.355, subdivision 4, 2.17 473.175, and 473.851 to 473.871 shall supersede the provisions 2.18 of the applicable planning statute wherever a conflict may 2.19 exist. 2.20 tho zairing oidirrimur, the zalling uldirmairce, supelsedes flic pfim. 2.21 Sec. 5. [473.89] [METROPOLITAN LAND USE PLANNING 1995.] 2.22 Subdivision 1. [METROPOLITAN URBAN SERVICE AREA; 2.23 DESIGNATION.] The council shall designate the area within the 2.24 metropolitan area that is served by the metropolitan disposal 2.25 system, as of the effective date of this section, as the 2.26 "metropolitan urban service area." The council shall maintain a 2.27 current, official map and description of the metropolitan urban 2.28 service area that will include any extensions to it permitted 2.29 under this section. 2.30 Subd. 2. [METROPOLITAN URBAN SERVICE AREA; 2.31 EXTENSIONS.] The council may approve a local comprehensive plan 2.32 or plan amendment that would extend the metropolitan urban 2.33 service area only if the council determines that all of the 2.34 criteria required in subdivision 3 have been met. The 2.35 requirements and authori, for approving a local comprehensive 2.36 plan or plan amendment in this section are in addition to any 3.1 other requirements and authority of the council to review and 3.2 approve a local comprehensive plan or plan amendment. 3.3 Subd. 3. [METROPOLITAN URBAN SERVICE AREA; CRITERIA.] The 3.4 council shall review a local comprehensive plan or request to 3.5 amend a plan to determine if the following criteria are met: 3.6 (a) The proposed plan or plan amendment will not have a 3.7 substantial impact on or contain a substantial departure from a 3.8 metropolitan system plan_ as provided in section 473.175. 3.9 "Substantial impact on" and "substantial departure from" shall 3.10 be construed broadly and may not be limited to consideration of 3.11 the capacity of a system. The council shall take into 3.12 consideration the policies for the metropolitan systems in the 3.13 council's comprehensive development guide as a whole. 3.14 (b) There is no land available for the proposed development 3.15 within the metropolitan urban service area as a whole. The 3.16 council may not consider only the availability of land for 3.17 development in the requesting,local government's jurisdiction. 3.18 (c) '1e proposed plan or plan amendment is consistent with 3.19 and promotes the council's policies in the comprehensive 3.20 development guide, adopted pursuant to section 473.145, 3.21 including those policies relating to affordable housing and 3.22 development density, water supply and quality, and preservation 3.23 of agricultural land, and the plans or guidelines adopted by the To: Mme Hurltaut From Ginny Harris 2127195 Page 4 of 5 3.24 council to implement the policies. 3.25 (d) The council's population projections support the need 3.26 for the proposed plan or plan amendment. 3.27 (e) The proposed plan or plan amendment does not include an 3.28 expansion of the metropolitan urban service area to accommodate 3.29 new kindergarten to 12th grade school facilities. 3.30 (fl The proposed plan or plan amendment will not result in 3.31 a need to expand the metropolitan urban service area for new 3.32 kindergarten to 12th grade facilities in the next ten gars. 3.33 Subd. 4. [ENFORCEMENT; CITIZEN ACTIONS.] Any person 3.34 residing in the state may maintain a civil action in the 3.35 district court in the name of the state of Minnesota against the 3.36 council to seek an order requiring the council to (a) implement 4.1 its adopted policies, or (b) require a local government to adopt 4.2 and implement a local comprehensive plan that is consistent with 4.3 the provisions of sections 462.355. subdivision 4. 473.175. 4.4 473.851 to 473.871. and this section. and that promotes the 4.5 adopted policies of the council. A person may bring an action 4.6 under this subdivision in the district court in which the local 4.7 government unit is located. If the person prevails, the court 4.8 shall award the person costs and reasonable attorneys 4.9 Subd. 5. [ENFORCEMENT; COUNCIL AUTHORITY.] If a local 4.10 government unit fails to adopt a local comprehensive plan 4.11 consistent with the provisions of sections 462.355. subdivision 4.12 4.473.175, 473.851 to 473.871, and this sectio% or if the 4.13 council determines that a local government has failed to adopt 4.14 and implement the official controls necessary to implement the 4.15 approved local comprehensive plan and the council's adopted 4.16 policies and plans, the council may maintain a civil action to 4.17 seek enforcement of the provisions of sections 462.355. 4.18 subdivision 4, 473.175, 473.851 to 473.871, and this section, in 4.19 the district court where the local government unit is located. 4.20 If the council prevails, the court shall award the council costs 4.21 and reasonable attorneys fees. 4.22 Sec. 6. Minnesota Statutes 1994, section 473H.15, 4.23 subdivision 1, is amended to read: 4.24 Subdivision 1. Any agency of the state, any public benefit 4.25 corporation, any local, county or regional unit of government, 4.26 or any other entity possessing powers of eminent domain under 4.27 chapter 117, shall follow the procedures contained in this 4.28 section before (1) acquiring any land or easement having a gross 4.29 area over ten am us one acre in size within agricultural 4.30 preserves; or (2) advancing a grant, loan, interest subsidy or 4.31 other funds for the construction of dwellings, commercial or 4.32 industrial facilities, or water or sewer facilities that could To: Mme HLOInst From Girny Harris 2127155 Page 5 of 5 4.33 be used to serve nonfarm structures within agricultural 4.34 preserves. 4.35 Sec. 7. Minnesota Statutes 1994, section 473H.15, 4.36 subdivision 9, is amended to read: 5.1 Subd. 9. The environmental quality board shall be 5.2 empowered to suspend any eminent domain action far app mr, 5.3 year which it determines to be contrary to the purposes of 5.4 sections 473H.02 to 473H.17 and for which it determines there 5.5 are feasible and prudent alternatives which have less negative 5.6 impact on the agricultural preserves. Economic considerations 5.7 alone are not sufficient to justify an eminent domain action. 5.8 Sec. 8. [APPLICATION.] 5.9 Sections 4 and 5 Mly in the counties of Anoka, Carver, 5.10 Dakota, Hennepin, Ramsey, Scott, and Washington. O2/24/95 3:12 p.m. [RESDEPT ) Jk JM12 1 .......... moves to amend H.F. 147, as follows: 2 Delete everything after the enacting clause and insert: 3 "Section 1. Minnesota Statutes 1994, section 469.174, 4 subdivision 12, is amended to read: 5 Subd. 12. (ECONOMIC DEVELOPMENT DISTRICT.) "Economic 6 development district" means a type of tax increment financing 7 district which consists of any project, or portions of a 8 project, not meeting the requirements found in the definition of 9 redevelopment district, renewal and renovation district, soils 10 condition district, mined underground space development 11 district, or housing district, but which the authority finds to 12 be in the public interest because: 13 (1) it will discourage commerce, industry, or manufacturing 14 from moving their operations to another state or-mdnrerpelstp; 15 or and 16 (2) it will result in increased employment in the state; or 17 (3) it will result in preservation and enhancement of the 18 tax base of the state. 19 Sec. 2. Minnesota Statutes 1994, section 469.174., 20 subdivision 19, is amended to read: 21 Subd. 19. (SOILS CONDITION DISTRICT.] (a) "Soils condition 22 district" means a type of tax increment financing district 23 consisting of a project, or portions of a project, within which 24 the authority finds by resolution that the following conditions 1 02/24/95 3:12 P.M. [RESDEPT ] JH JM12 1 exist: 2 (1) unusual -terrain; the presence of hazardous substances, 3 pollution, or contaminants;-or-soil-deficiencies-for-ee-pereent 4 of-the-acreage-in-the-district-require-substantial-fi}ling; 5 grading; requires removal or remedial action;-or-ether-physieal 6 preparation for use; 7 (2) the estimated cost of the physical -preparation -under 8 clause-{��;-but-excluding-costs-directly-related-to-roads-as 9 defined-in-seetien-�6A-A�-and-�oea�-improvements-as-described-rn 10 5ections-429-0217-subdivision-17-clau5es-fi}-to-f7t7-fll}7-and 11 fi2t -and-430781; proposed removal and remedial action exceeds _._....a n .. 12 the fair market value of the land before completion of the 13 preparation. 14 The requirements of clause (2) need not be satisfied, if 15 each parcel of property in the district either satisfies the 16 requirements of clause (2) or the estimated costs of the 17 proposed removal or remedial action exceeds $2 per square foot 18 for the area of the parcel. 19 (b) An area does not qualify as a soils condition district 20 if it contains a wetland, as defined in section 103G.005, unless 21 the development agreement prohibits draining, filling, or other 22 alteration of the wetland or other binding legal assurances for 23 preservation of the wetland are provided. 24 (c) If the district is located in the metropolitan area, 25 the proposed development of the district in the tax increment 26 financing plan must be consistent with the municipality's land 27 use plan adopted in accordance with sections 473.851 to 473.872 28 and reviewed by the metropolitan council under section 473.175. 29 If the district is located outside of the metropolitan area, the 30 proposed development of the district must be consistent with the 31 municipality's comprehensive municipal plan. 32 Sec. 3. Minnesota Statutes 1994, section 469.174, 33 subdivision 21, is amended to read: 34 Subd. 21. [CREDIT ENHANCED BONDS.] "Credit enhanced bonds" 35 means special obligation bonds that are: 36 (1) payable primarily from tax increments (i) derived from 02/24/95 3:12 p.m. (RESDEPT ] JH JM12 1 a tax increment financing district within which the activity, as 2 defined in section 469.1763, subdivision 1, financed by at least 3 75 90 percent of the bond proceeds is located and (ii) estimated 4 on the date of issuance to be sufficient to pay when due the 5 debt service on the bonds, and 6 (2) further secured by tax increments (i) derived from one 7 or more tax increment financing districts and (ii) determined by 8 the issuer to be necessary in order to make the marketing of the 9 bonds feasible. 10 Sec. 4. Minnesota Statutes 1994, section 469.175, 11 subdivision 3, is amended to read: 12 Subd. 3. [MUNICIPALITY APPROVAL.] (a) A county auditor 13 shall not certify the original net tax capacity of a tax 14 increment financing district until the tax increment financing 15 plan proposed for that district has been approved by the 16 municipality in which the district is located. If an authority 17 that proposes to establish a tax increment financing district 18 and the municipality are not the same, the authority shall apply 19 to the municipality in which the district is proposed to be 20 located and shall obtain the approval of its tax increment 21 financing plan by the municipality before the authority may use 22 tax increment financing. The municipality shall approve the tax 23 increment financing plan only after a public hearing thereon 24 after published notice in a newspaper of general circulation in 25 the municipality at least once not less than ten days nor more 26 than 30 days prior to the date of the hearing. The published 27 notice must include a map of the area of the district from which 28 increments may be collected and, if the project area includes 29 additional area, a map of the project area in which the 30 increments may be expended. The hearing may be held before or 31 after the approval or creation of the project or it may be held 32 in conjunction with a hearing to approve the project. Before or 33 at the time of approval of the tax increment financing plan, the 34 municipality shall make the following findings, and shall set 35 forth in writing the reasons and supporting facts for each 36 determination: 3 02/24/95 3:12 p.m. (RESDEPT I JH JM12 1 (1) that the proposed tax increment financing district is a 2 redevelopment district, a renewal or renovation district, a 3 mined underground space development district, a housing 4 district, a soils condition district, or an economic development 5 district; if the proposed district is a redevelopment district 6 or a renewal or renovation district, the reasons and supporting 7 facts for the determination that the district meets the criteria 8 of section 469.174, subdivision 10, paragraph (a), clauses (1) 9 and (2), or subdivision 10a, must be retained and made available 10 to the public by the authority until the district has been 11 terminated. 12 (2) that the proposed development or redevelopment, in the 13 opinion of the municipality, would not reasonably be expected to 14 occur solely through private investment within the reasonably 15 foreseeable future and therefore-the-nae-af-tax-increment 16 £inaneing-is-deemed-necessary that the increased market value of 17 the site that could reasonably be expected to occur without the 18 use of tax increment financing would be less than the increase 19 in the market value estimated to result from the proposed 20 development after subtracting the present value of the projected 21 tax increments for the maximum duration of the district 22 permitted by the plan. 23 (3) that the tax increment financing plan conforms to the 24 general plan for the development or redevelopment of the 25 municipality as a whole. 26 (4) that the tax increment financing plan will afford 27 maximum opportunity, consistent with the sound needs of the 28 municipality as a whole, for the development or redevelopment of 29 the project by private enterprise. 30 (5) that the municipality elects the method of tax 31 increment computation set forth in section 469.177, subdivision 32 3, clause (b), if applicable. 33 (6) that the projected public benefits of the project 34 exceed the costs, including the costs of the county, school 35 district, special taxing districts, and the state, determined on 36 a present value basis. 4 02/24/95 3:12 p.m. (RESDEPT ] JHS JM12 1 When the municipality and the authority are not the same, 2 the municipality shall approve or disapprove the tax increment 3 financing plan within 60 days of submission by the authority, or 4 the plan shall be deemed approved. When the municipality and 5 the authority are not the same, the municipality may not amend 6 or modify a tax increment financing plan except as proposed by 7 the authority pursuant to subdivision 4. Once approved, the 8 determination of the authority to undertake the project through 9 the use of tax increment financing and the resolution of the 10 governing body shall be conclusive of the findings therein and 11 of the public need for the financing. 12 (b) The county auditor may not certify the original net tax 13 capacity of a district until the tax increment financing plan 14 has been approved by a resolution of the governing body of the 15 school district in which the district is located, if either of 16 the following apply: 17 (1) The district is a housing district. 18 (2) The tax increment financing plan proposes construction 19 of ten or more new housing units or proposes rehabilitation or 20 redevelopment of ten or more existing, but unoccupied, housing 21 units. 22 The governing body of the school district may approve the 23 tax increment financing district under this paragraph only after 24 holding a public hearing on the question with notice provided in 25 the usual manner for its public meetings. 26 Sec. 5. Minnesota Statutes 1994, section 469.175, 27 subdivision 5, is amended to read: 28 Subd. 5. (ANNUAL DISCLOSURE.] For all tax increment 29 financing districts, whether created prior or subsequent to 30 August 1, 1979, on or before July 1 of each year, the authority 31 shall submit to the county board, the county auditor, the school 32 board, the commissioner of revenue and, if the authority is 33 other than the municipality, the governing body of the 34 municipality, a report of the status of the district. The 35 report shall include the following information: the amount and 36 the source of revenue in the account, the amount and purpose of 02/24/95 3:12 p.m. (RESDEPT ] JH JM12 1 expenditures from the account, the amount of any pledge of 2 revenues, including principal and interest on any outstanding 3 bonded indebtedness, the original net tax capacity of the 4 district, the captured net tax capacity retained by the 5 authority, the captured net tax capacity shared with other 6 taxing districts, the tax increment received, and any additional 7 information necessary to demonstrate compliance with any 8 applicable tax increment financing plan. An annual statement 9 showing the tax increment received and expended in that year, 10 the original net tax capacity, captured net tax capacity, amount 11 of outstanding bonded indebtedness, the amount of the district's 12 increments paid to other governmental bodies, the amount paid 13 for administrative costs, the sum of increments paid, directly 14 or indirectly, for activities and improvements located outside 15 of the district, and any additional information the authority 16 deems necessary shall be published in a newspaper of general 17 circulation in the municipality. If the fiscal disparities 18 contribution for the district is computed under section 469.177, 19 subdivision 3, paragraph (a), the annual statement must disclose 20 this fact and indicate the amount of increased property tax 21 imposed on other properties in the municipality as a result of 22 the fiscal disparities contribution The authority must include 23 in the published annual statement a short narrative explanation 24 of the major activities of the district during the past year, 25 including any new activities undertaken and the reason for 26 payments for im rovements and activities located outside of the 27 district This explanation must be written in plain and simple 28 lan ua e, easil understandable by an individual not familiar 29 with tax increment financing and real estate development finance. 30 Sec. 6. Minnesota Statutes 1994, section 469.175, 31 subdivision 6, is amended to read: 32 Subd. 6. (FINANCIAL REPORTING.] (a) The state auditor 33 shall develop a uniform system of accounting and financial 34 reporting for tax increment financing districts. The system of 35 accounting and financial reporting shall, as nearly as possible: 36 (1) provide for full disclosure of the sources and uses of 6 02/24/95 3:12 p.m. (RESDEPT ) JH JM12 1 public funds in the district; 2 (2) permit comparison and reconciliation with the affected 3 local government's accounts and financial reports; 4 (3) permit auditing of the funds expended on behalf of a 5 district, including a single district that is part of a 6 multidistrict project or that is funded in part or whole through 7 the use of a development account funded with tax increments from w 8 other districts or with other public money; 9 (4) be consistent with generally accepted accounting 10 principles. 11 (b) The authority must annually submit to the state 12 auditor, on or before July 1, a financial report in compliance 13 with paragraph (a). Copies of the report must also be provided 14 to the county and school district boards and to the governing 15 body of the municipality, if the authority is not the 16 municipality. To the extent necessary to permit compliance with 17 the requirement of financial reporting, the county and any other 18 appropriate local government unit or private entity must provide 19 the necessary records or information to the authority or the 20 state auditor as provided by the system of accounting and 21 financial reporting developed pursuant to paragraph (a). 22 (c) The annual financial report must also include the 23 following items: 24 (1) the original net tax capacity of the district; 25 (2) the captured net tax capacity of the district, 26 including the amount of any captured net tax capacity shared 27 with other taxing districts; 28 (3) the-outstendrng-prtnerpal-amount-ef-bands-tgsned-ar 29 ether-�oen9-rnenrred-to-fsnanee-project-coats-ia-the-8t�triet; 30 f4} for the reporting period and for the duration of the 31 district, the amount budgeted under the tax increment financing 32 plan, and the actual amount expended for, at least, the 33 following categories: 34 (i) acquisition of land and buildings through.condemnation 35 or purchase; 36 (ii) site improvements or preparation costs; 7 02/24/95 3:12 p.m. (RESDEPT ) JH JM12 1 (iii) installation of public utilities, parking facilities, 2 streets, roads, sidewalks, or other similar public improvements; 3 (iv) administrative costs, including the allocated cost of 4 the authority; 5 (v) public park facilities, facilities for social, 6 recreational, or conference purposes, or other similar _public 7 improvements; and 8 {5} (4Z for properties sold to developers, the total cost 9 of the property to the authority and the price paid by the 10 developer; 11 {6}-the-amennt-ef-tax-exempt-eb}rgatiens;-ether-than-these 12 reported-ender-elaese-{3};-that-mere-sss�ed-en-behalf-ef-private 13 entrtzes-far-facz�rtses-�oeated-ra-the-drstr=ct. 14 (d) The reporting requirements imposed by this subdivision 15 are-in-Oren-ef-the-annul-d}sclos�re-regntred-bp-sabdivsszen-5 16 apply to districts certified before, on, and after August 1, 17 1979. 18 Sec. 7. Minnesota Statutes 1994, section 469.175, 19 subdivision 6a, is amended to read: 20 Subd. 6a. (REPORTING REQUIREMENTS.) (a) The municipality 21 must annually report to the commissioner-of-revenee state 22 auditor the following amounts for the entire municipality: 23 (1) the total principal amount of nondefeased tax increment 24 financing bonds that are outstanding at the end of the previous 25 calendar year; and 26 (2) the total annual amount of principal and interest 27 payments that are due for the current calendar year on (i) 28 general obligation tax increment financing bonds, and (ii) other 29 tax increment financing bonds. 30 (b) The municipality must annually report to the 31 commissioner-ef-revenee state auditor the following amounts for 32 each tax increment financing district located in the 33 municipality: 34 (1) the type of district, whether economic development, 35 redevelopment, housing, soils condition, mined underground 36 space, or hazardous substance site; 8 02/24/95 3:12 p.m. [RESDEPT ] JH JM12 1 (2) the date on which the district is required to be 2 decertified; 3 (3) the captured-tax-capacity-of-the-distriet;-by-property 4 class-as-specified-by-the-eonunissioner-ef-revenue;-for-taxes 5 payable-in-the-eurrent-calendar-pear amount of any payments and 6 the value of in-kind benefits, such as physical improvements and 7 the use of building space, that are financed with revenues 8 derived from increments and are provided to another governmental 9 unit (other than the municipality) during the preceding calendar 10 year; 11 (4) the tax increment revenues for taxes payable in the 12 current calendar year; 13 (5) whether the tax increment financing plan or other 14 governing document permits increment revenues to be expended (i) 15 to pay bonds, the proceeds of which were or may be expended on . 16 activities located outside of the district, (ii) for deposit 17 into a common fund from which money may be expended on 18 activities located outside of the district, or (iii) to 19 otherwise finance activities located outside of the tax 20 increment financing district; and 21 (6) any additional information that the commissioner -of 22 revenue state auditor may require. 23 (c) The report required by this subdivision must be filed 24 with the commissioner -of -revenue state auditor on or before 25 March July 1 of each year. 26 (d) The state auditor may provide for combining the reports 27 required by this subdivision and subdivision 6 so that only one 28 report is made for each year. 29 (e) This section applies to districts certified before, on, 30 and after August 1, 1979. 31 Sec. 8. Minnesota Statutes 1994, section 469.176, 32 subdivision 4b, is amended to read: 33 Subd. 4b. [SOILS CONDITION DISTRICTS.] Revenue derived 34 from tax increment from a soils condition district under -section 35 46971747 -subdivision -19; may be used only to (1) acquire parcels 36 on which the improvements described in clause (2) will occur; 9 02/24/95 3:12 p.m. (RESDEPT ] JH I JM12 1 (2) pay for the cost of correcting-the-ennsna}-terrain-or-sei} 2 deficiencies-and-the-additiana}-cost-ef-insta}}ing-pab}ie 3 imprerements-direct}q-eansed-bp-the-deficiencies removal or 4 remedial action; and (3) pay for the administrative expenses of 5 the authority allocable to the district, including the cost of 6 preparation of the development action response plan. The -sale 7 bp-the-aetheritp-ef-a-paree}-aeq�ired-and-improved-as-described 8 in-e}uses-{}}-and-{2�-const-be-fer-e-price-that-is-no-}ess-then 9 the-cost-ef-aegnisitian- 10 Sec. 9. Minnesota Statutes 1994, section 469.176, 11 subdivision 4c, is amended to read: 12 Subd. 4c. (ECONOMIC DEVELOPMENT DISTRICTS.] (a) Revenue 13 derived from tax increment from an economic development district 14 may not be used to provide improvements, loans, subsidies, 15 grants, interest rate subsidies, or assistance in any form to 16 developments consisting of buildings and ancillary facilities, 17 if more than 15 percent of the buildings and facilities 18 (determined on the basis of square footage) are used for a 19 purpose other than: 20 (1) the manufacturing or production of tangible personal 21 property, including processing resulting in the change in 22 condition of the property; 23 (2) warehousing, storage, and distribution of tangible 24 personal property, excluding retail sales; 25 (3) research and development related to the activities 26 listed in clause (1) or (2); 27 (4) telemarketing if that activity is the exclusive use of 28 the property; 29 (5) tourism facilities; or 30 (6) space necessary for and related to the activities 31 listed in clauses (1) to (5). 32 (b) (1) Notwithstanding the provisions of this subdivision, 33 revenue derived from tax increment from an economic development 34 district may be used to provide improvements, loans, subsidies, 35 grants, interest rate subsidies, or assistance in any form for 36 up to 5,000 square feet of commercial and retail facilities 10 02/24/95 3:12 p.m. (RESDEPT ) JH JM12 1 within-the-manieipal-�arisdietion-of-e-home-rile-charter-or 2 statatorp-city-thet-has-e-popaletion-of-5;@AA-or-less. The 3 5,000 square feet limitation is cumulative and applies to all 4 facilities in all the economic development districts within the 5 municipal jurisdiction. 6 (2) The provisions of this paragraph apply only if the 7 following conditions are met: 8 (A) The population of the city in which the district is 9 located does not exceed 5,000, according to the last decennial 10 census, a more recent special census, or the most recent 11 estimate of the state demographer, whichever is least. 12 (B) The per capita adjusted net tax capacity of the city is 13 ten percent or more below the state average for the most 14 recently available assessment year, according to data provided 15 to the city by the commissioner of revenue. The commissioner 16 shall compute per capita adjusted net capacity using the 17 definition of adjusted net tax capacity in section 124A.02, 18 subdivision 3a, and the definition of population in section 19 477A.011, subdivision 3. Adjusted tax capacity also includes 20 the value of all captured tax capacity. 21 Sec. 10. Minnesota Statutes 1994, section 469.176, 22 subdivision 7, is amended to read: 23 Subd. 7. (SUBSEQUENT-BISTRIETS PARCELS NOT INCLUDIBLE IN 24 DISTRICTS.) Except-as-provided-in-subdivision-6;-for-s�bsegnent 25 recertifieatien-of-parcels-eliminated-from-e-district-beeanse-af 26 leek -of -development -activity; -no (a) The authority may not 27 request inclusion in a tax increment financing district and the 28 county auditor may not certify the original tax capacity of the 29 following: 30 (1) a parcel that has -been -se -eliminated -subsequent -to -two 31 pears-frame-the-date-ef-the-original-eertifieatien-yep-be 32 at any time during the 33 20 years prior -to before the filing of the request for the -date 34 when certification af-the-district-is-requested-pnrsnent-te 35 under section 469.177, subdivision 1, that -parcel -had -been was 36 included in an economic development district; or 11 02/24/95 3:12 p.m. [RESDEPT ] JH JM12 1 (2) a parcel that qualified under the provisions of section 2 273.111 or 273.112 or chapter 473H for taxes payable in any of 3 the five calendar years before the filing of the request for 4 certification. 5 (b) The provisions of this subdivision do not apply to 6 recertification of parcels under subdivision 6. 7 Sec. 11. Minnesota Statutes 1994, section 469.1763, 8 subdivision 2, is amended to read: 9 Subd. 2. (EXPENDITURES OUTSIDE DISTRICT.] (a) For each tax 10 increment financing district, an amount equal to at least 75 90 11 percent of the revenue derived from tax increments paid by 12 properties in the district must be expended on activities in the 13 district or to pay bonds, to the extent that the proceeds of the 14 bonds were used to finance activities in the district or to pay, 15 or secure payment of, debt service on credit enhanced bonds. 16 Not more than 25 ten percent of the revenue derived from tax 17 increments paid by properties in the district may be expended, 18 through a development fund or otherwise, on activities outside 19 of the district but within the defined geographic area of the 20 project except to pay, or secure payment of, debt service on 21 credit enhanced bonds. The revenue derived from tax increments 22 for the district that are expended on costs under section 23 469.176, subdivision 4h, paragraph (b), may be deducted first 24 before calculating the percentages that must be expended within 25 and without the district. 26 (b) In the case of a housing district, a housing project, 27 as defined in section 469.174, subdivision 11, is an activity in 28 the district. 29 (c) All administrative expenses are for activities outside 30 of the district. 31 Sec. 12. Minnesota Statutes 1994, section 469.1763, 32 subdivision 4, is amended to read: 33 Subd. 4. (USE OF REVENUES FOR DECERTIFICATION.) (a) 34 Beginning with the sixth year following certification of the 35 district, 75 90 percent of the revenues derived from tax 36 increments paid by properties in the district that remain after 12 02/24/95 3:12 p.m. (RESDEPT ] JH JM12 1 the expenditures permitted under subdivision 3 must be used only 2 to pay: 3 (1) outstanding bonds, as defined in subdivision 3, 4 paragraphs (a), clause (2), and (b); 5 (2) contracts, as defined in subdivision 3, paragraph (a), 6 clauses (3) and (4); or 7 (3) credit enhanced bonds to which the revenues derived 8 from tax increments are pledged, but only to the extent that 9 revenues of the district for which the credit enhanced bonds 10 were issued are insufficient to pay the bonds.and to the extent 11 that the increments from the unrestricted 25 ten percent share 12 are insufficient. 13 (b) When the outstanding bonds have been defeased and when 14 sufficient money has been set aside to pay contractual 15 obligations as defined in subdivision 3, paragraph (a), clauses 16 (3) and (4), the district must be decertified and the pledge of 17 tax increment discharged. 18 Sec. 13. Minnesota Statutes 1994, section 469.177, 19 subdivision 10, is amended to read: 20 Subd. 10. (PAYMENT TO SCHOOL FOR REFERENDUM LEVY.] (a) The 21 provisions of this subdivision apply to tax increment financing 22 districts and projects for which certification was requested 23 before May 1, 1988, that are located in a school district in 24 which the voters have approved new local tax rates or an 25 increase in local tax rates after the tax increment financing 26 district was certified. 27 (b)(1) If there are no outstanding bonds on May 1, 1988, to 28 which increment from the district is pledged, or if the 29 referendum is approved after May 1, 1988, and there are no bonds 30 outstanding at the time the referendum is approved, that were 31 issued before May 1, 1988, the authority must annually pay to 32 the school district an amount of increment equal to the 33 increment that is attributable to the increase in the local tax 34 rate under the referendum. 35 (2) If clause (1) does not apply, upon approval by a 36 majority vote of the governing body of the municipality and the 13 02/24/95 3:12 p.m. [RESDEPT ] JH JM12 1 school board, the authority must pay to the school district an 2 amount of increment equal to the increment that is attributable 3 to the increase in the local tax rate under the referendum. 4 (c) The amounts of these increments may be expended and 5 must be treated by the school district in the same manner as 6 provided for the revenues derived from the referendum levy 7 approved by the voters. The provisions of this subdivision 8 apply to projects for which certification was requested before, 9 on, and after August 1, 1979. 10 d The school district must re ort to the commissioner of 11 education any 2ayments received under this subdivision and 12 notify the commissioner of any agreement entered into under 13 paragraph (b), clause (2). The commissioner of education shall 14 provide this information to the commissioner of revenue upon 15 request. 16 Sec. 14. Minnesota Statutes 1994, section 469.177, is 17 amended by adding a subdivision to read: 18 Subd. 11. [DEDUCTION FOR ENFORCEMENT COSTS; 19 APPROPRIATION.] (a) The county treasurer shall deduct an amount 20 equal to 0.1 percent of any increment distributed to an 21 authority or municipality. The county treasurer shall pay the 22 amount deducted to the state treasurer for deposit in the state 23 general fund. 24 (b) The amounts deducted and paid under paragraph (a) are 25 appropriated to the state auditor for the cost of (1) the 26 financial reporting of tax increment financing_ information and 27 (2) the cost of examining and auditing of authorities' use of 28 tax increment financing as provided under section 469.1771, 29 subdivision 1. 30 Sec. 15. Minnesota Statutes 1994, section 469.1771, 31 subdivision 1, is amended to read: 32 Subdivision 1. [ENFORCEMENT.] (a) The eemmissioner-ef 33 renenne-skell-eaferee-the-previsiens-ef-seetiens-469.-i74-ta 34 469.-179---En-addition;-the owner of taxable property located in 35 the city, town, school district, or county in which the tax 36 increment financing district is located may bring suit for 14 02/24/95 3:12 P.M. [RESDEPT ] JH ' JM12 1 equitable relief or for damages, as provided in subdivisions 3 2 and 4, arising out of a failure of a municipality or authority 3 to comply with the provisions of sections 469.174 to 469.179, or 4 related provisions of this chapter. The prevailing party in a 5 suit filed under the preceding sentence is entitled to costs, 6 including reasonable attorney fees. 7 (b) The responsibility-for-finaneia�-and-eomp�ianee 8 auditing -of state auditor shall regularly examine and audit 9 political subdivisions' use of tax increment financing remains 10 with-the-state-anditer. If the state auditor finds evidence 11 that an authority or municipality has violated a provision of 12 the law for which a remedy is provided under this section, the 13 state auditor shall forward the relevant information to 14 the eon�nissioner-of-revenge---the-eemmissiener-of-reveaee-map 15 aadit-an-aatherityls-ase-of-tax-increment-fianaeiag the county 16 attorney. The county attorney may bring an action to enforce 17 the provisions of sections 469.174 to 469.179 or related 18 provisions of this chapter, for matters referred by the state 19 auditor or on behalf of the county. 20 Sec. 16. Minnesota Statutes 1994, section 469.179, is 21 amended by adding a subdivision to read: 22 Subd. 4. [PRE -1990 DISTRICTS; USE OF REVENUES TO 23 DECERTIFY.] (a) This subdivision applies to a district or 24 project area for which the request for certification was made 25 before May 1, 1990, whether or not the request for certification 26 was made before or after August 1, 1979. 27 (b) Revenues derived from tax increments may only be used 28 for the following costs: 29 (1) to finance costs that qualify under the 90 percent test 30 in section 469 176, subdivision 4j, for activities in areas that 31 would qualify for designation as a redevelopment district under 32 section 469.174, subdivision 10; 33 (2) to pay outstanding bonds that are secured by revenues 34 of the district and that were issued and sold before February 1, 35 1995, or bonds issued to refund the principal amount of the 36 bonds issued before February 1, 1995; 15 02/24/95 3:12 P.M. [RESDEPT ] JH JM12 1 (3) to pay obligations under a binding, written contract 2 with a third party, secured by or to be paid from revenues of 3 the district, if the contract was executed before February, 4 1995; 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (4) to fund an escrow account to make future payments under a binding contract meeting the requirements of clause (3); (5) to pay other project costs not qualifying under clauses (1) to (4), if one of the following conditions was met by February 1, 1995: (A) the authority adopted a resolution or took other formal action authorizing the issuance of bonds, the entering of contracts, or payment of money to third parties for the project, (B) the authority entered into a development agreement for the project, or (C) the authority contracted with or paid third parties for improvements or services, such as engineering, architectural, testing, legal, or fiscal services, to be provided for the project at a cost sufficient to indicate a likely commitment to proceed with the project before February 1, 1995, and if the project costs are for activities that were explicitly planned and contemplated as part of the project and relate to the actions satisfying clauses (A), (B), or (C); (6) to make payments to a school district under section 469.177, subdivision 10; or (7) to pay reasonable administrative expenses, subject to the otherwise applicable limits on administrative expenses. Sec. 17. [EFFECTIVE DATE.] 28 Sections 5 to 7, 14, and 15 are effective January 1, 1996 29 and apply to all tax increment financing districts, regardless 30 of when the request for certification was made, including 31 requests made before August 1, 1979. Section 16 is effective 32 the day following final enactment and applies to all tax 33 increment financing districts regardless of when the request for 34 certification was made, including requests made before August 1, 35 1979. The rest of the act is effective for districts for which 36 the request for certification is made after the day following 16 02/24/95 3:12 p.m. (RESDEPT j JH JM12 1 final enactment. 17