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HomeMy WebLinkAboutCouncil Information Memorandum 08-03-1995AUGUST 3, 1995 UPCOMING MEETINGS AND EVENTS .... 1. COUNCIL MEETING SCHEDULE FOR AUGUST: AUGUST 15 5:30 P.M. SPECIAL COUNCIL MEETING Joint Meeting with Hennepin Cry. Commissioners Public Safety Training Room 7:00 P.M. COUNCIL MEETING City Council Chambers AUGUST 21 ----------------- 6:00 P.M. COUNCIL SUBCOMMITTEE - HUMAN RIGHTS COMMISSION INTERVIEWS ---------------------------------------------------------------------------------------------------------- Council Conference Room AUGUST 24 7:00 P.M. COUNCIL BUDGET STUDY SESSION (tentative) Public Safety Training Room AUGUST 28 7:00 P.M. SPECIAL COUNCIL MEETING Joint Meeting with Metropolitan Council members (tentative) Public Safety Training Room ------------------------------------------------------------------------------------------------------------ AUGUST 31 7:00 P.M. COUNCIL BUDGET STUDY SESSION (tentative) Public Safety Training Room 2. ENVIRONMENTAL QUALITY COMMITTEE -- TUESDAY, AUGUST 8, 7:00 P.M. (M-2) CITY COUNCIL INFORMATION MEMO August 3, 1995 Page 2 3. PLANNING COMMISSION -- WEDNESDAY, AUGUST 9, 7:00 P.M., City Council Chambers. 4. PARK & RECREATION COMMISSION - THURSDAY, AUGUST 10, 7:00 p.m., City Council Chambers. 5. METRO MEETINGS ---- The weekly calendar of meetings for the Metropolitan Council and its advisory commissions is attached. (M-5) 6. MEETING CALENDAR -- The August meeting calendar is attached. (M-6) ................:..........................................................................::.::.................. 1. DEPARTMENT REPORTS a. Weekly Building Permit Report for Commercial/Industrial/Public and Use Types. (I -la) 2. MINUTES: a. Planning Commission, June 28, 1995. (I -2a) b. Suburban Rate Authority, July 19, 1995. (I -2b) 3. NEWS ARTICLES. RELEASES, PUBLICATIONS, ETC. a. News release from Governor Carlson's office regarding a "Minnesota" model for budget reforms that the Governor will be presenting at the National Governors Association meeting. (I -3a) b. Regional Blueprint Update, from the Metropolitan Council. (I -3b) c. Dual Track Update, from the Metropolitan Airports Commission. (I -3c) 4. CORRESPONDENCE a. Memo from Councilmember Granath to City Attorney regarding a research request on the community notification law. (I -4a) b. Memo to City Manager and Barb Senness from the "Olsen's Frost's and Held's" regarding Ameridata's Nuisance Noise Activity. (I -4b) c. Letter from James Solem, Regional Administrator, Metropolitan Council, giving an update on regional initiatives, legislation and a schedule of regional briefing meetings for local government staff and officials. (I -4c) d. Letter from Shawn Huckleby, U.S. Department of Housing & Urban Development, regarding Plymouth's Comprehensive Annual Financial Report for 1994. (I -4d) e. Letter from Minnesota Pollution Control Agency to the Peterson Group Property Management, on a petroleum storage tank release investigation at Four Seasons Villa Apartments, 3631 Lancaster Lane. (I -4e) CITY COUNCIL INFORMATION MEMO August 3, 1995 Page 3 f. Letter of appreciation to Plymouth Fire Department from Anita Palmer, 3305 Zircon Lane. (I -4f) g. Letter from George Wilson, 430 Zinnia Lane, to Mayor Tierney, regarding the condition of sidewalks along the south side of Carlson Parkway from Cheshire Lane to the city limits. (I -4g) h. Letter to Joy Rude, from Kathy Lueckert, in response to Ms. Rude's question at the Plymouth Forum regarding the median strip along 36th Avenue. (I -4h) i. Letters to Metropolitan Council Members requesting to meet with the Council on August 28 to discuss the Elm Creek Interceptor Sewer Project, the Cluster Planning process, Livable Communities Act, Metro Mobility and other issues. (I -4i) Dwight Johnson City Manager OFFICIAL CITY MEETINGS August 1995 Sunday Monday Tuesday Wednesday Thursday Friday Saturday July 1 2 3 4 5 S M T W T F S 2 3 4 5 6 7 1 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 7:00 PM Sump Pump Prog- ram Public Meeting - Council Chambers 7:30 PM HUMAN RIGHTS COMMISSION - Pub. Safety Training Room 5:00 PM COUNCIL MEET ING - Council Chambers 6 7 8 9 10 11 12 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE -Pub. Safely Trng Room 7:00 PM PLANNING COMMISSION - Council Chambers 7:00 PM PRAC - Council Chambers 13 14 1.5 16 17 18 19 5;30 PM SPECIAL COUNCIL, °'„ " "fuNGPu "Safety ~ •Tralul i l06 "'ift M. 7:00 PM PACT - Pub. Safety Library 7:00 PM HRA - Council Chambers � Ob�l'1�Ifr�OLIPTC7C.' � a. ;Cauneit Chamtie " 20 21 22 23 24 25 26 6;00 PM COUNCIL SUBCOM-, MITfEExCOAPAMION INTERVIEWS - Council Cout Room 7:00 PM PLANNING COMMISSION Council Chambers 7:00 PM BOARD OF ZONING - Council Chambers 7:00 PM COUNCIL BUDGET STUDY SESSION - Public ` Safety Training Room' 27 28 29 30 31 September 1:00 PM SPECIAL FOUNCIL '- MEETINGPub. Safety :.Ttytlatug Room . ;' - Council Candidate Filings opens 7400 PM COUNCIL BUDGET STUDYSESSION - PaWia„ • ' "'- "" Roow . '� S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1819 20 21 22 23 24 25 26 27 28 29 30 Rev. 8/3/95 June 7, 1995 «first» Kmiddle»«last- «address» CIN OF PLYMOUTFt SUBJECT: ENVIRONMENTAL QUALITY COMMITTEE MEETING NO. 40 Dear (first*: Please plan to attend our next Environmental Quality Committee meeting on: Tuesday, August 8, 1995 7:00 p.m. Council Conference Room City Hall At the meeting we will have a presentation by Mr. Mark Lobermeier and Joel Schmilling of S.E.H., Inc. on the development of our water plan. If you have any questions, please contact me at 509-5527. See you at the meeting. Sincerely, a v han Water Resources Engineer cc: Fred Moore, Director of Public Works Dwight D. Johnson, City Manager Dan Faulkner, City Engineer Tim Wold, Council Member Ginny Black Kathleen Reagen We Listen • We Solve • We Care 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550-5000 AGENDA ENVIRONMENTAL QUALITY COMMITTEE MEETING NO. 40 , Tuesday, August 8, 1995 7:00 P.M. 7:00 Call to Order 7:05 Approval of Minutes as Received. 7:10 Announcements & Visitor Recognition. 7:15 Old Business • Plymouth Water Resources Management Plan - This will be an introduction to S.E.H, Inc., the selected firm to develop the City's Water Plan. Mr. Mark Lobermeier and Joel Schilling will be leading 8:00 the discussion. A general discussion on development of our water plan. • Report on Council's action regarding stenciling of catch basin (Scout Troop of at least 15 members ready to participate/need service hours). Jeff Grimes (476-2389). • Report on the Environmental Quality Committee Display and Demonstration at Music in Plymouth - David Shea. • Update of the progress of the Phosphorous ban in fertilizers used in the City of Plymouth - Tim Wold. 8:30 New Business • Develop plans, a time table and staff to implement the stenciling of catch basins in Plymouth. 8:45 Discussion 9:00 Adjourn ENVIRONMENTAL QUALITY COMMITTEE Meeting no. 39 Tuesday, June 13th, 1995 7:OOp.m. Present: Members: Bridget Jodell, Craig Twinem, Jeffrey Shopek, Mary McKee, Rita O'Donnell. Staff Ex -officio: Shane Missaghi Council Members: Tim Wold Absent: Members: David Shea, Sharon Meister Staff Ex -officio: Dan Faulkner, Erick Blank Council Members: Chuck Lymangood Others present: Carolyn Dindorf OLD BUSINESS Stenciling of Catch Basins The design was reviewed by the council; the council stated that the design was too big. The council concluded that this design will not fit onto the metal plate on the back of the catch basin. Shane will try to modify the stencil so it is smaller in size and will return to the council with the results. Council approval is necessary in order to proceed. At the August meeting, the committee will need to determine test sites and select volunteers. Music in Plymouth Display A visual display which demonstrates water filtration will be made available. "Experts" need to attend to help explain this display. Mary, Craig, Shane and Jeff will be present. Music in Plymouth is set for July 6th and committee members are encouraged to attend. Surface Water Management Five companies have responded to the RFP's for surface water management. Review of these proposals was scheduled for the week of June 26th.. Shane will check to see if these interviews will be videotaped. Rita O'Donnell volunteered to attend these proposal review sessions. NEW BUSINESS Newsletter Articles Two articles have been set aside for the newsletter in 1996. Shane recommended that some of the information the committee heard about aquascaping, as well as other appropriate information, be incorporated in these articles. A suggestion was made that an "Environmental Corner" be created for the newsletter. Meeting no. 39/Jun13, 1995 Page - 1 - m-� Enviro-Drain Follow up The committee discussed the possible advantages of this device. The consensus of the committee is that, due to high maintenance and costs, we may want to wait to test this type of device. This has been tabled indefinitely. Buffer Zone Demonstrations Shane reported that he had spoken with several neighborhood and homeowner's associations. They would like to see a demonstration on buffer zones, but requested that this demonstration be simple, quick, and "exciting". It was recommended that a sub -committee be formed to help develop a "whiz-bang" type of demonstration. Water Quality Monitoring Programs Due to cost constraints, these programs will not be included in the budget for 1996. Discussion tabled until 1996. Fertilizer Ordinance Members discussed some of the issues that would arise if there were a city ordinance that limited and regulated the use of phosphates in fertilizer. If an ordinance was created, how would this be monitored and policed? Testing to prove ordinance violations could be expensive. Shane said there is evidence that shows it is individual homeowners — not professional lawn care companies — the cause the majority of the problem. Although an ordinance would give importance to this issue, education may be more effective. AQUASCAPING PRESENTATION Carolyn Dindorf, district limnologist of the Hennepin County Conservation District, gave a slide presentation on "Aquascaping". She presented many examples of how to create environmentally sound buffer zones around lakes and ponds. Many different plants and flowers were presented and recommended. Information was also given on how to obtain these plants and flowers. Next Meeting set for Aug. 08, 1995, at 7:00 pm The meeting adjourned at 9:38pm. Minutes submitted by Kathleen Reagen. Meeting no. 39/Jun13, 1995 Page - 2 - Minutes of Committee Activity Thursday, July 6, 1995 4:00 to 5:00 p.m. Park Amphitheater MUSIC IN PLYMOUTH 1995 Mary McKee secured four boxes, three pails and an old fashion pump from the Minnesota Soil and Water Department in St. Paul. Shane and Dave Shea set up the display under the City of Plymouth's tent at 4:00 p.m. Dave, Mary, Shane and Craig assisted in showing the public ground waters that flow through the aquifers and added dye at certain points to illustrate how seepage of chemicals and waste from landfill dumps, industrial waste and other contaminates work their way into our drinking water, lakes and streams. The pump was hooked up to a bucket with tubing and children were invited to fill the bucket. Only a few realized that they were never going to fill it because it was recycled water. A back table contained our literature and a poster of our trickle box. We had genuine audience interest and the children, as well as the adults, were fascinated by the display. Tom Wold, Sharon Meister and Jeff Shopek visited during the evening. Mary returned the materials to St. Paul and recommended the display for next year. 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: July 28, 1995 WEEK OF: July 31 -August 4, 1995 METROPOLITAN COUNCIL Public Information Meeting/Interceptor Project on County Road J - Tuesday, August 1, 7 p.m., Shoreview Community Center, 4600 Victoria, Shoreview. Transportation Technical Advisory Committee to the Transportation Advisory Board - Wednesday, August 2, 9 a.m., Chambers. The committee will consider: transit redesign; 1996 Unified Transportation Program; comments on Citizens League report; and other business. Transportation Accessibility Advisory Committee - Wednesday, August 2, 1 p.m., Room IA. The committee will consider: Council actions regarding Metro Mobility services and fare adjustments; implementation plans for approved policy changes; leadership for transportation/disability legislative issues; Seward/Hiawatha Circulator demonstration project; Metro Mobility operations report; Metropolitan Council accessible service operations; and other business. Tour of the Southwest Metro Area (for Council members and local officials) - Wednesday, August 2, 3 p.m., tour departs from Shakopee City Hall, 129 South Holmes St., Shakopee. Southwest Metro Area Community Meeting - Wednesday, August 2, 6:30 p.m., Shakopee City Hall, Community Room, 129 South Holmes St., Shakopee (following tour). Public Information Meeting: Interceptor Project on County Road J - Wednesday, August 2, 7 p.m., Lino Lakes City Hall, Chambers, 1189 Main St., Lino Lakes. Finance Committee - Thursday, August 3, 4 p.m., Room 2A. The committee will consider approval of Anoka County sale of property. The next portion will be closed to the public pursuant to MN Statutes Section 471.705 for discussion of labor negotiations issues. Meeting will be re -opened to the public following the labor negotiations discussion for approval of tentative labor agreement between Metropolitan Council and Local 35 I.U.O.E. AFL-CIO - pending union membership ratification on August 1, 1995. The meeting will be again closed to the public pursuant to MN Statutes Section 471.705 for discussion of litigation and settlement issues relating to Bernice Benson v. Metropolitan Transit Commission and In Re Mark LeFebve. The meeting will be re -opened to the public following discussion of litigation and settlement issues for other business. -5 Executive Committee - Friday, August 4, 7:30 a.m., Kelly Inn, Benjamin's Restaurant, I-94 at Marion, St. Paul. Metropolitan Radio Board - Friday, August 4, 9 a.m., Metropolitan Mosquito Control District Offices, 2099 University Ave., St. Paul. The board will consider: election of board secretary and treasurer; hearing on amendments to board bylaws; hearing on 1996 capital budget; report bylaws and committee work plan and schedule for the Technical Operations Committee; authorization to execute contract for engineering services; resolution to set regular meeting dates; and other business. TENTATIVE MEETINGS THE WEEK OF AUGUST 7 THROUGH AUGUST 11, 1995 Transportation Committee - Monday, August 7, 4 p.m., Chambers. Environment Committee - Tuesday, August 8, 4 p.m., Chambers. Transit Redesign Leadership Forum, "Defining the Transit Market" - focus group discussion session for transportation groups and Council staff. (Space limited) - Thursday, August 10, 8:30 - 11:30 a.m., Holiday inn-Metrodome, 1500 Washington Ave. S., Minneapolis. Land Transportation Committee - Thursday, August 10, 1:30 p.m., Room 2A. Metropolitan Council - Thursday, August 10, 4 p.m., Chambers. Committee of the Whole - Thursday, August 10, 5 p.m., or immediately following the Council meeting, room to be determined. Lower Minnesota River Technical Advisory Group - Friday, August 11, 9:30 a.m., location to be determined. 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. DATE: AUGUST 3, 1995 TO: DWIGHT JOHNSON, CITY MANAGER FROM: CARLYS SCHANSBERG /ATA CONTROL/INSPECTION CLERK SUBJECT: BUILDING PERMIT ISSUED REPORT FOR COMMERCIAL/INDUSTRIAL/PUBLIC & CHURCH USE TYPES JULY 27, 1995 THROUGH AUGUST 2, 1995 Permit #68161 issued to Independent School District #284 for construction of a new school at 4955 Peony Lane North (foundation only), valuation $900,000.00 Permit #66534 issued to Kraus Anderson Construction for an addition at Glory of Christ Lutheran Church, valuation $900,000.00. PERMITLIST LIST OF PERMITS ISSUED PAGE 1 08/03/95 AGING DAYS FROM 07/27/95 TO 08/02/95 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 -------------------------------------------------------------------------------- 20 118 22 33 0032 WALDENWOOD LTD 2601 JEWEL LA N 19 118 22 21 0038 PLYMOUTH ROOFING 18400 34TH AVE N 0005358 33 118 22 23 0025 R A UNGERMAN CONST 15720 7TH AVE N 0001239 36 118 22 23 0037 TIM SCHMID 10800 OLD COUNTY RD NO 15 0001239 20 118 22 22 0015 M H SEIFERT CONST 17435 34TH AVE N 20003119 REPAIR LOT BLK SFD 12 7 SHILOH $15,000.00 07/31/95 68113 BUILDING $169.50 REPAIR 07/31/95 68130 LOT BLK COMMERCIAL BUILDING LLS36QQ230037 $2,000.00 $46.00 ADDITION 08/01/95 68140 LOT BLK SFD BUILDING 1 2 SEVEN PONDS 2ND $1,000.00 $25.50 07 118 22 13 0001 NEW CONST 08/02/95 68161 INDEPENDENT SCHOOL DISTRICT NO LOT BLK PUBLIC BUILDING 4955 PEONY LA N LLS07QQ130001 20003119 $900,000.00 $5,795.17 09 118 22 43 0079 ALTERATION BRANKO NIKOLIC LOT BLK SFD 14905 46TH PL N 6 1 TYRELL 5TH 20003119 08/01/95 68162 BUILDING $900.00 $23.45 REPAIR 07/31/95 68123 LOT BLK SFD BUILDING 12 7 AMBER WOODS $4,000.00 $65.00 REPAIR 07/31/95 68129 LOT BLK SFD BUILDING 3 1 VICKSBURG FOREST $35,000.00 $334.50 REPAIR 07/31/95 68130 LOT BLK COMMERCIAL BUILDING LLS36QQ230037 $2,000.00 $46.00 ADDITION 08/01/95 68140 LOT BLK SFD BUILDING 1 2 SEVEN PONDS 2ND $1,000.00 $25.50 07 118 22 13 0001 NEW CONST 08/02/95 68161 INDEPENDENT SCHOOL DISTRICT NO LOT BLK PUBLIC BUILDING 4955 PEONY LA N LLS07QQ130001 20003119 $900,000.00 $5,795.17 09 118 22 43 0079 ALTERATION BRANKO NIKOLIC LOT BLK SFD 14905 46TH PL N 6 1 TYRELL 5TH 20003119 08/01/95 68162 BUILDING $900.00 $23.45 PERMITLIST 08/03/95 LIST OF PERMITS ISSUED AGING DAYS FROM 07/27/95 TO 08/02/95 PAGE 2 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 -------------------------------------------------------------------------------- 23 118 22 31 0023 ADDITION 08/02/95 68175 FIRST CHOICE EXTERIORS LOT BLK SFD BUILDING 12205 29TH AVE N 11 1 FABER PLACE 0004266 $1,500.00 $35.75 21 118 22 13 0057 REPAIR 08/02/95 68188 WRIGHT HOME IMPROVEMENT LOT BLK SFD BUILDING 14925 32ND AVE N 2 5 CAVANAUGH'S 4TH 20035829 $1,975.00 $45.99 29 118 22 41 0048 REPAIR 08/02/95 68204 PLYMOUTH ROOFING LOT BLK SFD BUILDING 1635 WESTON LA N 9 1 CHELSEA WOODS 4TH 0005358 $2,700.00 $55.35 18 118 22 41 0008 ADDITION 07/27/95 66534 KRAUS ANDERSON CONST INC LOT BLK CHURCH BUILDING 4040 CO RD NO 101 LLS18QQ410008 $900,000.00 $10,495.17 33 118 22 24 0074 ADDITION 07/31/95 66791 TERRY & DEBORAH NEUBAUER LOT BLK SFD BUILDING 705 QUANTICO LA N 1 2 PARKERS LAKESIDE 2ND $1,380.00 $55.14 29 118 22 33 0042 ALTERATION 08/01/95 67354 K J WILLS CONSTRUCTION LOT BLK COMMERCIAL BUILDING 1400 CO RD NO 101 LLS29QQ330042 $19,000.00 $336.20 21 118 22 13 0043 ADDITION 07/31/95 67564 PAUL KAMMAN LOT BLK SFD BUILDING 3320 MINNESOTA LA N 13 2 CAVANAUGH'S 4TH $1,600.00 $61.85 CITY OF PLYMOUTH PLANNING COMMISSION MINUTES JUNE 28, 1995 MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Barb Stimson, Virginia Black, Christian Preus, Allen Ribbe, Linda Oja and Saundra Spigner MEMBERS ABSENT: STAFF PRESENT: Director Anne Hurlburt, Planning Supervisor Barbara Senness, Senior Planner John Keho, Planner Shawn Drill, City Engineer Dan Faulkner, and Planning Secretary Denise Hutt lu 1 let 0 0'! Commissioner Spigner noted that in the last paragraph on Page 123, it should be Commissioner Oja asking the question. MOTION by Commissioner Ribbe, seconded by Commissioner Preus to approved the June 14, 1995 minutes as amended. Vote. 7 Ayes. MOTION carried unanimously. SCHERBER PARTNERSHIP PROPERTIES (95027) Chairman Stulberg introduced the request by Scherber Partnership/Holly Creek 4th Addition for an RPUD Concept Plan, Preliminary Plan/Plat and Conditional Use Permit for five new single family lots; rezoning from FRD to R-lA to be incorporated into RPUD 92-1; and, a PUD Preliminary Plan/Plat Amendment for four existing lots in RPUD 92-1. Senior Planner Keho gave an overview of the June 20, 1995 staff report. Commissioner Preus questioned if the applicant were to proceed with the Extraordinary Management Practices, how that would affect the average for buffer width. Senior Planner Keho responded that staff did not specifically look at that since staff was recommending against the use of the Extraordinary Management Practices. He said that the reduced buffer would have to be averaged out somewhere else on the property. Chairman Stulberg stated that even if you use 25 feet, you still have to average 50 feet; therefore, you would have to use 75 feet somewhere else on the property. Planning Commission Minutes June 28, 1995 Page #132 Commissioner Black asked how the applicant complies with the requirements for a PUD (Condition #5) when they are asking for Extraordinary Management Practices. Senior Planner Keho responded that by looking at the proposal as a whole, including staff's recommendations, it would meet the criteria. Planning Supervisor Senness stated that using the Extraordinary Management Practices, the average used if from the Alternative Buffer Standards, not the normal buffer standards. Chairman Stulberg introduced Tom Loucks, representing the petitioner. Mr. Loucks stated that he concurs with staff's recommendations with the exception of a couple of issues. After discussions with staff regarding Lot 2, the lot line between Lot 1 and Lot 2 was adjusted so that Alternative Buffers and Extraordinary Management Practices are not needed. Mr. Loucks stated that there is a trunk sanitary sewer located along the lot line on Lot 3 from which they would want the house pad to be a minimum of 25 feet away. The wetland on Lot 3 is in a side yard and would be 40 feet from the wetland. He added that the house could be turned, but it would make for a very unusual house and pad site and be quite out of character for the area. Mr. Loucks commented that he would be open to the idea of placing a covenant on Lot 3 regarding fertilizer, if needed. Senior Planner Keho stated that staff agrees that the northerly lots would be suitable, but still believes that there are alternative house designs for Lot 3. Chairman Stulberg asked if the buffer on Lot 3 was reduced to 25 feet, would the lot be taken out of the calculation for the required average of 50 feet. Senior Planner Keho replied that using the alternative method, the average would be 25 feet. Commissioner Preus asked what the distance was between the house pad on Lot 3 to the wetland. Mr. Loucks responded that the distance is 40 feet and would use Extraordinary Management Practices for this lot only, because of the sanitary sewer issue. Commissioner Black asked how far Lot 3 is from the sanitary sewer. Mr. Loucks answered that the pad for Lot 3 is 25 feet from the sanitary sewer and if the sewer failed, you would need at least 25 feet to repair it. Senior Planner Keho stated that if the alternative wetland buffer was approved, phosphorous chemicals would be prohibited on the lot. Planning Commission Minutes June 28, 1995 Page #133 Planning Supervisor Senness stated that staff could not agree with the applicant at this time on Lot 3, it would have to be discussed it further before the item goes to City Council because of ordinance requirements. Mr. Loucks stated that a covenant could be placed on Lot 3, but it may be more of an enforcement issue with the City. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Mary Orton of 4315 Fountain Lane North. Ms. Orton asked how many trees would be removed and what would happen to the walking path. Ms. Orton wanted to know if she would be able to see homes on Lots 2 and 3 from her residence, and how the proposal would affect the wetlands. Chairman Stulberg introduced Sheila Langer of 4285 Fountain Lane North. Ms. Langer commented that the notice she received from the City was confusing and that her main concern was for protection of wetlands. Chairman Stulberg introduced Gary Langer of 4285 Fountain Lane North. Mr. Langer stated that when he purchased his property, he was told that no homes would be built on the other side of the wetlands. He commented that residents just voted to improve the wetlands, and it seems that the applicant is trying to figure out how to go around the wetland issues and to fit in more homes. Chairman Stulberg introduced Mery Swigart of 3324 Aquila Avenue South. Mr. Swigart wanted to know what he was supposed to do with his property since it is now classified as a wetland, and was not when he purchased it. Chairman Stulberg introduced Dan Sullivan of 4265 Fountain Lane North. Mr. Sullivan commented that he was concerned with the preservation of the wetlands and the City should not be amending the conditions to allow flexibility. He stated that there is still land available for building without having to encroach the wetland. Mr. Sullivan asked if any fill would be pushed out into the marsh area. Chairman Stulberg closed the public hearing. Planning Commission Minutes June 28, 1995 Page #134 Mr. Loucks stated that the subdivision would be located south of the walking path and no trees would be removed. He commented that there is the possibility of one home that the Ortons would see from their home. Senior Planner Keho stated that vegetation will be removed from this site. Chairman Stulberg stated that there is no variance from the wetland protection. Mr. Loucks is requesting an alternative for Lot 3 only and all of the other lots do meet the new Wetland Ordinance Standards that were adopted in January. Director Hurlburt commented that staff would take a look at the property notice to see if improvements are warranted. Chairman Stulberg asked Mr. Langer who told him that there would never be any homes located across the wetlands. Mr. Langer replied that it was a combination of developer, owner, and real estate agent. Chairman Stulberg apologized for any misunderstanding and stated that the City has no control over what is said between private parties. Senior Planner Keho stated that since 1992, a cul-de-sac was anticipated for this area. Mr. Loucks stated that there will be some filling on Lot 8, but they will be mitigating 2:1 for any fill going into the wetland. Senior Planner Keho added that the applicant will have to submit the wetland mitigation for City Council review. He explained that this wetland was not identified as a wetland previously, but showed up as part of the review of the plan. Chairman Stulberg commented that new ordinances are continuously developed and Mr. Swaggart would have to try and work something out for developing his land. MOTION by Chairman Stulberg, seconded by Commissioner Spigner recommending the approval of the request by Scherber Partnership/Holly Creek 4th Addition for an RPUD Concept Plan, Preliminary Plan/Plat and Conditional Use Permit for five new single. family lots; rezoning from FRD to R-lA to be incorporated into RPUD 92-1; and, a PUD Preliminary Plan/Plat Amendment for four existing lots in RPUD 92-1, as recommended by staff. MOTION by Commissioner Preus, seconded by Commissioner Stimson to delete Condition #3 of the Resolution Approving the Residential Planned Unit Development Concept Plan; to delete Lot 3 from Condition #6c. of the Approving Resolution for the Residential Planned Unit Planning Commission Minutes June 28, 1995 Page #135 Development Preliminary Plan/Plat and Conditional Use Permit; and to add a Condition to the Approving Resolution for the Residential Planned Unit Development Concept Plan stating that Extraordinary Management Practices are acceptable for Lot 3. Commissioner Preus commented that flexibility should be allowed when the developer is offering to work with Lot 3, and they should be able to use Extraordinary Management Practices. Commissioner Oja stated that she would not support the motion, as the lot is developable without using the Extraordinary Management Practices. Planning Supervisor Senness stated that if the change is made, the Concept Plan is the only part of the proposal that could move forward, as the City Council would have to act on the Extraordinary Management Practices first. Director Hurlburt stated that there could be at least a two week delay. She added that the Planning Commission could recommend both the Concept Plan and the Preliminary Plan, but it one falls through, they have to go back to Planning Commission. Roll Call Vote on Amendment. 3 Ayes. MOTION failed on a 3-4 Vote. (Commissioners Black, Spigner, Oja and Chairman Stulberg voted nay.) Roll Call Vote on Main MOTION. 7 Ayes. MOTION carried unanimously. JOHN ROUNDS/ROUNDS ADDITION (95035) Chairman Stulberg introduced the request by John Rounds for a Preliminary Plat approval, Rezoning from FRD to R-lA and Variances for the creation of four lots for single family homes located at 3320 Xenium Lane North. Planner Drill gave an overview of the June 19, 1995 staff report. Chairman Stulberg introduced John Rounds, the petitioner. Mr. Rounds stated that he bought property hoping to subdivide so he could move his in-laws in to the existing single family dwelling. He stated that he concurs with the staff report and is willing to work with the neighbors and the City. Chairman opened the public hearing. Chairman Stulberg introduced Rebecca Kielb of 13340 32nd Avenue North. S: DC, Planning Commission Minutes June 28, 1995 Page #136 Ms. Kielb stated that no hardship had been proven to grant the variance. She stated that it should be subdivided into three lots instead of four. Ms. Kielb stated she was concerned with the area being so swampy and wanted to know where the "muck" would go as they are grading the area. She also indicated concern for the steep driveway and tree preservation. Ms. Kielb stated that the elevation for the homes in the neighborhood are at 933 feet and was concerned that this proposal shows 936 feet. She wanted to know if any of the homes would have basements. Ms. Kielb asked who would maintain the existing building on Lot 1 and if the owner is developing these lots or selling them. She also asked what would happen if someone buys a lot and runs out of money to develop it, who would finish it. Chairman Stulberg introduced Craig Petersen of 13410 32nd Avenue North. Mr. Petersen stated that the property has two to four feet of standing water during spring rains. He wanted to know how the water would be diverted. Mr. Petersen asked if the proposal is approved and it causes water problems with his home, can he sue. Chairman Stulberg introduced Ann Slavec of 13404 34th Avenue North. Ms. Slavec wanted an explanation of Future Restricted Development District. She asked what Mr. Rounds' motive was for requesting the change. Ms. Slavec stated that there seems to be too much development and it could affect the property value of her home. Chairman Stulberg introduced Steve Forsberg of 13400 32nd Avenue North. Mr. Forsberg stated that he was concerned with drainage from the property as there is already a problem with standing water. Mr. Forsberg presented pictures of the property indicating standing water. He was also concerned with tree preservation and bringing in a substantial amount of fill. He stated that there should be a restriction placed on Lots 2 and 3, and homes should be built as close to Xenium Lane as possible. Ms. Kielb asked if these homes would have any restrictive covenants placed on them. She asked if the petitioner would be required to keep the same square footage of the lowlands as her builder was required to do. Chairman Stulberg introduced Bob Sundag of 13300 33rd Avenue North. Mr. Sondag asked if there were any ordinances pertaining to how steep a driveway could be. Ms. Slavec asked for an explanation of Future Restricted Development versus low density. She asked if the proposal is in compliance with the regulations. Chairman Stulberg closed the public hearing. Planning Commission Minutes June 28, 1995 Page #137 City Engineer Faulkner stated that there are no ordinances or requirements pertaining to the driveway. Mr. Rounds concurred that the driveway is steep and the slope is approximately 20%. He added that the driveway was moved because the city would allow only two access points from Xenium Lane. They will serve Lots 2 and 3. Planner Drill stated that with respect to variances, staff looked at the overall parcel size and concluded that four lots would be a "reasonable" use of the property. The proposed density is only 1.6 units per acre. Staff looked at the surrounding area and the lots directly to the north which are less than 110 feet in width. The variance requested for Lot 1 is a temporary situation until the house is constructed. Planner Drill explained that land is generally classified as Future Restricted Development until someone submits an application for development. He continued that R -IA is the most restrictive, with the least amount of density allowed (two to three dwellings per acre). The permitted use would be for single family dwellings. He added that the proposed zoning complies with the LA -1 guiding of the Plymouth Comprehensive Plan. Chairman Stulberg introduced Tim Erkkila of Westwood Professional Services, representing the petitioner. Mr. Erkkila concurred that the water on the site is an issue. He stated that the piping in the storm drain is small and the catch basin under Xenium Lane should be repaired. He stated that the site in not a wetland and the run-off comes from the development along 32nd Avenue. City Engineer Faulkner stated that the petitioner can not increase the water runoff from pre- existing conditions. He added that calculations indicate this proposal would have a negligible impact on the water storage capacity of this site. Mr. Erkkila stated that there will be some top soil from the site that would be stockpiled to be used later for creation of pads. He added that there may be a need to create a basin behind Lot 2. Mr. Rounds stated that he will not be the builder, he will just develop the property. Mr. Erkkila stated that he expects that there could be a basement on Lot 2, and Lot 1 could have a walkout. Mr. Erkkila stated that 10 to 12 trees would be removed from the site. Senior Planner Keho stated that the petitioner would have to abide by the Tree Preservation Policy and work with the City Forester. Planning Commission Minutes June 28, 1995 Page #138 Chairman Stulberg stated that the homeowner of Lot 1 would be responsible for maintenance of the storage shed. He added that restrictions on homes are placed by a homeowner's association, and it is the choice of the builder whether to have an association. Chairman Stulberg explained that in order to develop property, it needs to be rezoned. Senior Planner Keho stated the petitioner can place the houses where they want on the lots as long as they meet the building setback requirements. Director Hurlburt stated that staff received a plan showing the pads, but to push the pads back further away from Xenium Lane would require more fill and more expense, so the petitioner may not want to do this. Commissioner Ribbe asked if the petitioner is dependent upon the improvement of flow under Xenium Lane going westward in order to complete the plans. Mr. Erkkila replied that they can accommodate the building just as it is now. He stated that he is not prepared to offer a solution at this time regarding the drainage, as it is a technical matter that would need to be discussed with staff between preliminary and final approval. Chairman Stulberg asked what the phasing of project will be. Mr. Rounds replied that the builder would like to start this fall and that he intends to sell three lots. Commissioner Black asked why the applicant proposed four lots instead of three. Mr. Rounds answered that Lots 1 and 2 are exceptionally large and that the site could accommodate four lots. Chairman Stulberg introduced Ruth Rounds, the petitioner. Ms. Rounds stated that when the development was built around the site, 20 feet was taken for an easement for 32nd Avenue. Chairman Stulberg asked what the requirement is for the R-lA District, and if the surrounding lots are comparable. Planner Drill replied that the lot size requirement for the R-lA District is 18,500 square feet and the proposal is comparable with the existing surrounding lots. Commissioner Black asked what the existing structures are being used for. Planning Commission Minutes June 28, 1995 Page #139 Mr. Rounds answered that his wife's parents will live in the existing home and that the barn is in good shape. City Engineer Faulkner pointed out that the minimum basement elevation is 933.3 feet. Mr. Erkkila corrected his earlier statement, noting that there would not be basements for Lots 2and 3. MOTION by Commissioner Stimson, seconded by Commissioner Black to recommend approval of the request by John Rounds for a Preliminary Plat approval, Rezoning from FRD to R-lA and Variances for the creation of four lots for single family homes located at 3320 Xenium Lane North. Roll Call Vote. 7 Ayes. MOTION carried unanimously. Chairman Stulberg called for a recess at 8:50 p.m. and the meeting was reconvened 9:07 p.m. DEVELOPMENT REVIEW PROCESS Senior Planner Keho explained who is involved in the Development Review Committee process. He indicated that there is employee representation from each department in the city. (Planning - John Keho, Shawn Drill, Barb Senness; Building - Chris Lane Plans Examiner; Public Works - Bob Johnson, Shane Missaghi; Fire Division - Stan Scofield; Parks & Recreation - Mary Bisek, Paul Buck) and notices are sent to various other staff personnel (public safety and City Manager). Planning Supervisor Senness stated that there is a formal and informal process. The informal process consists of meeting with a potential applicant regarding what policies, rules and regulations allow. She indicated that staff may meet with a potential applicant more than once on an informal basis. She stated that the actual process starts with submission of an application and plans. The deadline for submission is each Friday by noon. Senior Planner Keho stated that there are 2.5 weeks from submittal of the application and plans for all staff to review. He explained that the Planning Division looks at the Zoning Ordinance, Comprehensive Plan, and City Policies (Tree, Landscaping) for compliance as does each department. Staff meets to go over items and come up with list of shortcomings. A letter is then sent to the applicant for revisions if they do not schedule a meeting with staff. Commissioner Black asked if there is a time frame for applicants to respond to the revisions. Senior Planner Keho stated that the State has implemented a time frame recently, but there was not one previously, except for preliminary and final plats. Planning Commission Minutes June 28, 1995 Page #140 Director Hurlburt stated that with the new time frame cities have to react to zoning related matters within 60 days from submission of the completed application and 10 days to confirm whether the application is complete or not. The statute does allow for an additional 60 days, if needed. Director Hurlburt stated that staff will automatically ask for an additional 60 days on anything that requires a hearing. She added that proposals may have to be approved with more contingencies on them. Commissioner Spigner asked if something is tabled and it goes beyond the 60 days, is it an automatic approval. Director Hurlburt responded affirmatively. Commissioner Preus asked what was the origination of the statute. Director Hurlburt replied a real estate group in Dakota County. Chairman Stulberg asked if the applicant can authorize an extension. Director Hurlburt responded affirmatively. Senior Planner Keho stated that after an application is submitted, staff decides if it can be administratively approved or if it requires a public hearing. Planning Supervisor Senness stated that the City Council has decided what can be administratively approved, basically any non-residential use that is not adjacent to a residential area. An administrative approval letter is sent with the conditions listed. Minor variances (not more than 25 % into encroachment) can be approved if no negative comments are received within 14 days. If a concern is raised, then it would go to the Planning Commission and City Council. Chairman Stulberg commented that the Ordinance authorizes staff to do this. Planning Supervisor Senness stated that an application goes through public meetings, a public hearing, and receives input from staff and residents. The Planning Commission can approve, change, or table an item. The item then moves on to City Council for their approval or denial. Some applications such as final plats, lot divisions, fire code issues, PUD Final Plans and wetland mitigation go directly to City Council and variances (excluding minor variances) go to the Board of Zoning Adjustments and Appeals. Director Hurlburt stated that if a proposal receives a unanimous recommendation from the Planning Commission, then it is placed on the consent agenda for the City Council meeting. Planning Commission Minutes June 28, 1995 Page #141 Planning Supervisor Senness stated that if there are no substantial changes between preliminary and fmal plat (basic street layout, number of lots) it would go directly to the City Council and not back to the Planning Commission. Senior Planner Keho stated that there may be changes after the final site plan when applicants apply for a building permit, for example an entrance may change for a commercial building already approved for a certain footprint. In this type of a case, staff will authorize an Administrative Approval. On Landscaping Plans, an applicant may have planted ash trees instead of maple or change the location of trees. This would be okay as long as it doesn't change the screening requirements or buffers. The City Forester also looks at the landscaping plans and will give his recommendation. Staff determines whether it is a minor or substantial change. Planning Supervisor Senness offered that changes may also occur going from two dimensional to three dimensional (paper to building). Director Hurlburt commented that an administrative approval saves time and money for the applicant. Planning Supervisor Senness explained that staff interprets from the Zoning Ordinance and Subdivision regulations that were established though public hearings. Lakeview Commons was approved and then Bassett Creek Watershed District said no to its water quality alternative, so staff needed to decide whether another public hearing was needed. Chairman Stulberg commented that minor changes can occur after Planning Commission and that the City Council may act without sending it back to the Planning Commission. Planning Supervisor Senness stated that Prudential provided staff with a revised plan. The applicant now proposes to put in angle parking for an additional row, thus changing the circular motion around the parking lot to a "K -Mart" style parking lot. She stated that it certainly is not the best design, but they would gain 70 parking spaces. The new plan does not change the view from the street. It does allow them to move their handicapped spaces so they don't have to cross the drive aisle. They are proposing to only build a portion of the north parking lot (93 spaces instead of 156). The tree loss would be reduced from 214 to 139. The NURP pond would not be as large. Staff did discuss with the applicant whether they would need more parking in the future. The applicant stated that the building is almost fully occupied, but staff is skeptical that they won't come back for additional parking spaces. Director Hurlburt stated that Prudential is currently running two shifts that overlap and there could be a need to go three shifts. Planning Supervisor Senness stated her concern with the smaller lot is the potential that Prudential will come back in a few years to request an expansion of the lot. She stated that the Planning Commission Minutes June 28, 1995 Page #142 shared parking option needs to be discussed further. The applicant indicated that they would meet with the Radisson and would invite staff to attend. She added that there is still the option of decking for parking. Director Hurlburt asked if the difference of loss of trees would have made a difference to Commissioners. Is this a significant enough change to meet the PUD requirements. Commissioner Stimson stated it would not have changed her mind. Commissioner Oja commented that the applicant should look into two tiered parking, shared parking, Metrolink, and other options. Also, she stated that the tree difference would not have influenced her decision. Planning Supervisor Senness stated that the applicant did not want to use the Prudential facility on Bass Lake Road because of having to run a shuttle all the time. Commissioner Black stated she would not have changed her vote. Chairman Stulberg stated that the applicant submitted a revised plan, but that they should be able to do more than what has been offered so far. Chairman Stulberg asked if the applicant will be allowed to present a new plan, and if so, what would staff's recommendation be. Planning Supervisor Senness stated the recommendation would be for denial. Director Hurlburt explained that if the applicant proposed a new plan that expanded the parking lot, it would have needed to go back to the Planning Commission. There will be new information in the staff report to the City Council because of the numerous changes. Commissioner Oja commented that the applicant is getting closer, but they are not there yet. Commissioner Black wondered what else the applicant could come up with. Commissioner Oja stated that the items she would like to see come back to the Planning Commission were movement of NURP ponds, building outside the perimeter removal of trees, and movement of buildings. Senior Planner Keho stated that building facades do change. Commissioner Oja stated that for example if Prudential had revised their plan to build outside the parking lot area causing tree removal, she would like to see it come back to the Planning Commission. = aC>-- Planning Commission Minutes June 28, 1995 Page #143 Director Hurlburt stated that a decision needs to be made of what is a substantial change (more than 10 % different than originally planned) and how it will relate to the new statute. Commissioner Oja stated that she wants to be assured that what she voted on is really going to be built. Commissioner Stimson commented that changes are often made before an item goes to the City Council and even the City Council can change what is decided by the Planning Commission. Chairman Stulberg asked if the Planning Commission wants to change procedures, if the Zoning Ordinance has to be amended. Director Hurlburt responded affirmatively. The Planning Commission would have to recommend it to the City Council to authorize and then a public hearing is held during a Planning Commission meeting. Commissioner Spigner asked if the 10% is in the ordinance. She stated that it seems to be ambiguous and would like to see more of a definition. Chairman Stulberg stated that you need to trust in staff and their opinion as to what 10 % is. Commissioner Spigner stated that she doesn't mind flexibility, but the language could be interpreted in many different ways. Senior Planner Keho read the passage from the Ordinance relating to the 10%. Commissioner Spigner stated that after hearing the text in the Ordinance, she felt more comfortable with the language. Director Hurlburt stated that an application also has to meet all zoning ordinance requirements and staff can not approve it if it does not. Chairman Stulberg stated that if the Commission wants to something, specific things are easier than the changing the 10 %. Director Hurlburt cautioned that changing specific items would be more restrictive. Any perimeter change gives no discretion at all. She stated that you have to be reasonable enough, and not be arbitrary. Planning Supervisor Senness commented that staff could say no each time, but that would not always be the best for the City. She added that changes do occur with more detail design as a project moves forward. Z Vic -- Planning Commission Minutes June 28, 1995 Page #144 Commissioner Stimson commented that she did not feel she could dispute any changes, as she is not an expert. MOTION by Commissioner Preus, seconded by Commissioner Black to move on to the next item. Vote. 7 Ayes. MOTION carried unanimously. REVISIONS TO 1995 PLANNING COMMISSION WORK PROGRAM Director Hurlburt stated that the report is not required, but it is a way of communicating an update to the City Council, as priorities have been changed. Chairman Stulberg commented that it should be reported what was accomplished or not accomplished during the first and second quarter. Director Hurlburt stated that northwest Plymouth was delayed because of the Elm Creek cluster planning process that the City is participating in. Staff will be working with the Metropolitan Council for the overall strategy for that area and that will take place within the next few months. The City may also want to enter into a housing agreement for the Livable Community Act. The City Council added tree preservation and also moratorium on commercial/industrial platting. She indicated that the 4th quarter was changed in regards to review and recommended revisions to the subdivision regulations. That will be put off until next year. Planning Supervisor Senness stated that staff will move forward with street design standards. Chairman Stulberg asked if you can review PVDs without revising the subdivision regulations. Director Hurlburt replied affirmatively, but the subdivision regulations will have to be fixed at some point. MOTION by Commissioner Preus, second by Commissioner Spigner to recommend approval of the revised work plan and forward it to the City Council. Vote. 7 Ayes. MOTION carried unanimously. OTHER BUSINESS Director Hurlburt stated that discussion regarding tree preservation will start on July 12 and a public hearing held on July 26. Street designs will be discussed on July 26 also. Commissioner Black stated that she will not be at the July 12 Planning Commission meeting. Planning Commission Minutes June 28, 1995 Page #145 MOTION by Commissioner Spigner, second by Commissioner Ribbe to adjourn. Vote. 7 Ayes. MOTION carried unanimously. Meeting adjourned at 10:35 p.m. MINUTES OF THE QUARTERLY MEETING OF THE SUBURBAN RATE AUTHORITY Pursuant to due call and notice, the quarterly` meeting of the Suburban Rate Authority was held at the Turf Club of Canterbury Park in the City of Shakopee, Minnesota, on Wednesday, July 19, 1995, commencing at 6:30 p.m. 1. CALL TO ORDER: Fred Hanus. 2. ROLL CALL: Bloomington Brooklyn Park Burnsville Circle Pines Edina Lauderdale Minnetonka Minnetrista New Brighton Osseo Robbinsdale Roseville Shakopee West St. Paul The meeting was called to order by Chair Jim Gates Gary Brown Craig Ebeling Jim Keinath John Wallin Tim Crookshank Fred Hanus Todd Bennett Barbara Jeanetta Vern Dehmer Maria D'Andrea Edward Burrell Mike Beard Bill Craig Also present was SRA legal counsel James Strommen of Kennedy & Graven. It was determined that a quorum of the votes of the Suburban Rate Authority was represented at the meeting. 3. APPROVAL OF MINUTES: Upon Motion by Mr. Beard, seconded by Mr. Brown, the minutes from the April 19, 1995 meeting were approved. 4. REPORT OF THE TREASURER: Mr. Wallin distributed the financial statement as of June 30, 1995. (Report attached). Mr. Burrell moved that the report be accepted and Mr. Gates seconded the motion which carried unanimously. Mr. Wallin also circulated the Audited Financial Statement of the SRA from December 31, 1993 and 1994. The audit was performed by George M. Hanson, P.A. for $825. The bill was approved with the claims (see below). Mr. Wallin reported that George M. Hanson Company had submitted a proposal of $875 for the 1995 audit. He moved that this proposal be accepted. Mr. Craig seconded the motion which carried unanimously. Mr. Wallin also reported that the insurance premium for SRA and delegate coverage was coming due in August and sought authorization in the approximate amount of $952. Mr. Keinath moved that the SRA authorize Mr. Wallin to pay the insurance premium when JMS92240 SU160-3 1 it comes due. The motion was seconded by Mr. Brown and passed unanimously. 5. COMMUNICATIONS: Mr. Strommen reported that municipal representatives, including Mr. Craig, had received notice from the Finova Government Finance Group that negotiations with NSP regarding discounted prepayment of the municipal electric service load in exchange for a long term commitment to energy from NSP had terminated. At the April 1995 Quarterly meeting, the SRA had formed a committee to look into the offer of Finova to negotiate on behalf of municipalities with NSP to facilitate discounted electric rates for municipal pumping and street lighting. Mr. Craig updated the Board on a letter received from Finova just prior to the meeting stating that negotiations with NSP may be renewed. The SRA Committee formed in April will continue to monitor this if it develops into an opportunity of interest to SRA cities. The committee will report back in October. 6. LOCAL TELEPHONE CALLING SCOPE INVESTIGATION: Mr. Strommen reported that the PUC investigation regarding the size and structure of local telephone calling scopes in Minnesota has not reached the stage of evidentiary hearings. He attended a meeting before the PUC on July 18. Though no PUC decision was made, it appears that it will seriously consider simply a modification of the existing extended area service ("EAS") rules in a rulemaking proceeding. A recommendation from most parties is to increase the threshhold requirement for EAS service in Minnesota calling areas. SRA will continue to monitor. It does not appear that any SRA interests regarding rates or calling scope are subject to change as a result of any developments in this investigation. 7. COMPETITIVE TELECOMMUNICATION RULEMAKING PROCEDURE: Mr. Brown was selected by the League of Cities to represent municipal interests in an ongoing rulemaking proceeding before the PUC regarding the newly legislated competitive telecommunication environment in Minnesota. Mr. Brown reported on the numerous issues facing cities and their residents and businesses in this proceeding. A major issue of interest to cities is telecommunica- tions providers entering into contracts with large business customers while avoiding service of less profitable customers in the residential and small business class. Mr. Brown will keep the SRA apprised of any developments which warrant SRA involvement. S. INVESTIGATION INTO ELECTRIC UTILITY INDUSTRY: Mr. Strommen reported that the PUC had initiated an investigation to evaluate the current changes in the electric utility industry nationwide. (Order attached). Of primary interest to SRA members is the advent of retail wheeling enabling customers within a city to buy electric energy directly from a power source other than the utility serving the area, i.e., NSP. If franchise agreements are not modified to adjust to this change, cities choosing to require franchise fees may be faced with loss of revenue. The motion was brought by Mr. Ebeling to authorize the SRA to intervene into this JMS92240 SU160-3 2 =�h investigation, if necessary, and to monitor the proceedings. The motion was seconded by Mr. Brown and carried unanimously. 9. APPROVAL OF 1996 SRA BUDGET: Mr. Strommen reported that the 1996 SRA Budget, preliminarily approve by the Board at the April 19, 1995 meeting, contained no increased assessment amounts and allowed for a modest build-up in the reserve. The expenses to the SRA in 1995 have been running lower than projected. Mr. Beard moved that the 1996 budget be adopted as previously approved. Mr. Dehmer seconded the motion which carried unanimously. (Budget attached). 10. LEGISLATIVE STUDY ON UTILITY FRANCHISES: Mr. Strommen reported that the legislative study on utility franchises in Minnesota will commence shortly. It will be supervised by the Department of Public Service and have significant SRA involvement. The issue for cities is whether they can persuade the DPS and the 1996 legislature that it is necessary and fair to provide the same types of franchise rights to cities on telecommunications carriers as now exist regarding gas and electric utilities. 11. AMENDMENTS TO MODEL SRA ELECTRIC FRANCHISE: A discussion was held regarding the changes to the 1987 SRA Model Electric Franchise Ordinance. A draft had been distributed to all SRA member delegates and alternates. The amendments were generally approved. It was determined that Section 9.5 regarding renegotia- tion fees was not necessary and could create litigation. It was also pointed out in Section 9.2 that it should be confirmed that the language for franchise requirements adequately account for situations in which the customer purchases the power directly from an out -state supplier and is billed by that supplier. Mr. Craig moved that the model franchise be preliminarily approved with the deletion of Section 9.5 and a final review with the SRA technical expert to insure that the language of Section 9.2 is comprehensive in light of developments in the electric industry. The motion further adopted the recommendation that following these changes that the proposed model franchise be communicated with NSP for comment. The SRA will then vote for final approval at the October meeting. The motion was seconded by Mr. Keinath and carried unanimously. 12. SEWER ACCESS CHARGE AND RATE ISSUES: Mr. Brown reported that it is important for SRA city representatives to attend pre- budget meetings held by the Met Council Wastewater Services. An idea that Mr. Brown has heard mentioned is the institution of tiered rates based on distance from the Pigs Eye Plant. Any such rate design should be carefully reviewed and needs imput from suburban representatives whose cities may be adversely affected by such a rate structure. Mr. Brown serves on a Met Council committee dealing with waste control and will keep the SRA apprised of any significant developments in this area. 13. LOCATION OF NEXT MEETING: Ms. DIAndrea offered to check on possible locations in the Robbinsdale area for the October JMS92240 SU160-3 3 meeting. Mr. Hanus and all present thanked Mr. Beard for arranging the wonderful accommodations and excellent buffet at the Canterbury Park in Shakopee. 12. ADJOURNMENT: At 9:00 p.m. the meeting was adjourned. Attest: Chairman JMS92240 SU160-3 4 Secretary S L-Z)Aj SUBURBAN RATE AUTHORITY ANALYSIS OF CHANGE IN CASH BALANCE FOR THE THREE MONTHS ENDED MARCH 31, 1995 1995 1994 Balance at January 1 Additions: Interest income Insurance rebate Special Assessments -See attached schedule Total Additions Deductions: Holmes & Graven - services Holmes & Graven - costs Amount not paid in January Chesapeake Regulatory - services Chesapeake Regulatory - costs Dinner - guests Total Deductions Balance at December 31 $ 25,075.69 $ 12,785.64 $ 39.31 $ 20.29 0.00 88.00 0.00 32,812.50 $ 39.31 $ 32,920.79 $ 25,115.00 $ 45,706.43 $ 14,988.25 $ 6,862.00 1,099.38 802.74 (1,587.63) 0.00 1,430.00 1,210.00 4.00 113.30 38.00 52.50 $ 15,972.00 $ 9,040.54 $ 9,143.00 ----------- ----------- $ 36,665.89 --------- --------- Note A: The breakdown of legal and expert fees and costs: General $ 3,125.31 $ 3,750.38 Northwestern Bell 0.00 0.00 U S West 580.35 2,163.05 NSP -Gas & Electric 0.00 2,082.96 Minnegasco 3,497.99 991.65 Legislative telecommunication 9,159.48 0.00 Franchises 256.50 0.00 Telecommunications permits 902.00 NSP Resource Plan 0.00 0.00 Total Legal and Expert $ 17,521.63 $ --------------------- --------------------- 8,988.04 SUBURBAN RATE AUTHORITY STATUS OF ASSESSMENTS RECEIVABLE As of March 31, 1995 BALANCE VOTES ASSESSMENT PAID DUE Bloomington 18 $ 7200.00 Brooklyn Park 12 4800.00 Burnsville 11 4400.00 Circle Pines 1 400.00 Columbia Heights 4 1600.00 Deephaven 1 400.00 Eden Prairie 8 3200.00 Edina 10 4000.00 Fridley 6 2400.00 Greenwood 1 400.00 Hastings 4 1600.00 Hopkins 4 1600.00 Lauderdale 1 400.00 Maple Plain 1 400.00 Maplewood 7 2800.00 ' "innetonka 10 4000.00 .nnetrista 1 400.00 New Brighton 5 2000.00 North St. Paul 3 1200.00 Orono 2 800.00 Osseo 1 400.00 Plymouth 11 4400.00 Robbinsdale 3 1200.00 Roseville 7 2800.00 Savage 2 800.00 Shakopee 3 1200.00 Shoreview 5 2000.00 Spring Park 1 400.00 St. Louis Park 9 3600.00 Wayzata 1 400.00 West St. Paul 4 1600.00 Woodbury 5 2000.00 P 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7200.00 4800.00 4400.00 400.00 1600.00 400.00 3200.00 4000.00 2400.00 400.00 1600.00 1600.00 400.00 400.00 2800.00 4000.00 400.00 2000.00 1200.00 800.00 400.00 4400.00 1200.00 2800.00 800.00 1200.00 2000.00 400.00 3600.00 400.00 1600.00 2000.00 162 $ 64800.00 $ 0.00 $ 64800.00 ---------------------------------------- ---------------------------------------- April 19, 1995 1996 Suburban Rate Authority Proposed Budget 1995 Assets: Cash and Investments (12/31/94) $25,076 Receivables (1995 assessments) 64,800 Interest Income (estimate as of 12/31/95) 2,000 TOTAL $91,876 Anticipated 1995 Expenses: $ 7,000 1994 and 1995 Minnegasco Cases 3,000 legal $4,000 expert 1,000 1995 NSP Electric and Gas Matters 8,000 legal 6,000 expert 3,000 Legislative Matters 10,000 Local Calling Area Investigation 4,000 Electric and Gas Franchise Matters 5,000 Legislative Study of Franchises 14,000 General (fees and disbursements) 18,000 TOTAL Reserve at December 31, 1995: $26,876 1996 Assets: Carryover from 1995 $26,876 Membership Assessment ($400 per vote) 64,800 Interest Income (estimate as of 12/31/95) 2,000 TOTAL $93,676 Anticipated 1996 Expenses: Minnegasco legal $ 7,000 expert 3,000 NSP legal 10,000 expert 4,000 Telephone- legal 8,000 expert 1,000 Legislative Matters 9,000 General Matters (fees and disbursements) 18,000 ($60,000 Reserve at December 31, 1996: $33,676 JMS68238 SU160-3 =- 3z:, -- NEWS RELEASE from the office of GOVERNOR ARNE H. CARLSON LT. GOVERNOR JOANNE E. BENSON --------------------------- L------.-.---------.---------------------------------------------------.------- FOR IMMEDIATE RELEASE CONTACT: Cyndy Brucato July 26, 1995 (0) 612-296-0017 MEDIA ADVISORY The National Governors Association meeting in Burlington, Vermont, will focus much of its attention on how states are preparing to meet federal budget decisions. Minnesota Governor Arne Carlson will offer a Minnesota model for budget reforms at the NGA Committee on Human Resources. The attached news release outlines the Minnesota challenge: how to deal with demographic changes and improve results with new budget realities. *Note: Governor Carlson's remarks likely will be aired on C -Span live. What: Minnesota model for devolution Where: NGA Committee on Human Resources Adirondack Ballroom Radisson Hotel Burlington, Vermont When: Monday, July 31, 1995 11:30 AM This information can be made available in an alternate format, such as Braille, large print, audio tape or computer disc. NEWS RELEASE from the office of GOVERNOR ARNE H. CARLSON LT. GOVERNOR JOANNE E. BENSON FOR IMMEDIATE RELEASE July 26, 1995 CONTACT: Cyndy Brucato (0) 612-296-0017 A BREAK FOR THE FUTURE: THE MINNESOTA MODEL TO MEET THE BUDGET CHALLENGE In January, 1995, as the 104th Congress began its historic debate on the federal budget, Minnesota Governor Arne H. Carlson delivered a report which showed that Minnesota was about to embark on a parallel debate. Minnesota faces the same challenges as the federal government: reducing spending while maintaining and improving services. While the nation struggles now with a budget deficit, Minnesota could have a smaller, but similar problem within two years. As with Congress, this debate could be resolved only with major reforms in the way Minnesota government spends taxpayer money to deliver services. The report which identified this parallel was entitled "Within Our Means: Tough Choices for Government Spending." According to this report, spending by Minnesota's state and local government soared during the 1960's, '70's and '80's, as did the work force population which contributed the revenue to pay for expanding state services. The 21st Century presents a much different picture, largely due to powerful demographic changes. By the year 2001, Minnesota's exploding senior population will contribute to a demand for a 275 percent increase in Medicaid spending from 1987. The K-12 population will grow more slowly, but still create a demand for a 120 percent spending increase. But, the work force population will remain static and personal,income will grow by only 105 percent during the same period. In short, baby boomers are aging into senior citizens who demand more from human services, younger families are demanding more from education and anyone who pays taxes is squeezed in the middle. The net result is that by 2001, in Minnesota, spending demands, combined with federal reductions, will exceed revenue growth by 6.9 percent. Governor Carlson determined that the solution to this problem must be guided by three principles: competition, community involvement and careful targeting of resources. --more-- Former Congressman Vin Weber and former state lawmaker and current University of Minnesota economist John Brandl were charged by the Governor to lead teams to recommend major reforms in the five main areas of budget pressure (Medicaid, K-12 education, higher education, criminal justice and the state's property tax and local government aid systdm). Weber and Brandl are working closely with Governor Carlson and his administration this summer. A final report of recommendations, including drafts of legislation will be ready around October 1, 1995. The recommendations will precede federal budget action. To allow Minnesota to successfully implement changes as a result of the federal budget, the Governor will identify the most urgently needed reforms and ask the Minnesota Legislature to act as quickly as possible to insure the state's ongoing fiscal stability. This information can be made available in an alternate format, such as Braille, large print, audio tape or computer disc. REGION,�4L,V&PBINT UPDATE BRIEFINGS Welcome to Updatel This is the first of several issues to be published this year by the Metropolitan Council on three development options for future growth of the Twin Cities area. The Council is considering the options so it can add a development plan to its Regional Blueprint, the document containing the Council's goals and policies for the region's future. The next Update will describe criteria to evaluate the three options. HOW WILL REGION LOOK 1N 25 YEARS? e 9dding&WOW pennle to the Cities area.* The`ywotai make up the second-biggest county in Mi t%so a in population—more than twice the siz of Dakota County. The region is forecast to grow nearly 30 percent in the next 25 years. Where will they all live? Or, where should they all live? The Twin Cities area will grow to 3.1 million people by the year 2020, up from today's population of 2.4 million, according to Metropolitan Council forecasts. The forecast increase exceeds the region's growth during the past 25 years, when it grew by 575,000. Households are even more important than population for planning purposes. The seven -county region will grow by an estimated 330,000 households,* up from 940,000 today. That's a sizable increase—more households than both Minneapolis and St. Paul have today. Jobs are forecast to grow by 310,000* in the next 25 years, up from 1.4 million today. That's well below the pace of job growth in the previous 25 years, when the region added 620,000 jobs. The forecast growth raises two fundamental planning questions. Where will households and jobs locate? (chis assumes a continuation of trends and current public action.) The second question is: Where should they locate? The Council has developed three development options for growth for the *Preliminary estimates, AAA Met ropolit:m Council FIRST-CLASS MA ,ddf Ntears Park Ccnlr(: U.S. POSTAGE /,d 230 East Fifth Street PAID St. Paul, MN 55101-1631 St. Paul, MN 612-291-6859, TDD 291-090- Permit No. 7029 6 x 23464 DWIGHT JOHH$ON' _ ME1559B CITY MANAGER C1TY.OF PLYMOUTH 3400 PLYMOUTH BLVD PLYMOUTH MN 55447-1482 Irilriinlrinllnrinrllrl,rllrrinrlrlllrnllntlltul Recycled paper: Contains at least 50% post -consumer waste region to consider. Any of the option— or a combination --could be the basis for guiding the location of future development. A new summary brochure, Choosing an Urban Development Option for the Twin Cities Area: 1995-2020, describes each option. The brochure helps guide decision-making by local officials, community leaders and the general public in planning the region's future. The options emerge from policy choices already made in the Council's Regional Blueprint. The Spread Development option would, as the name suggests, lead to a new ring of development around the region. A second option, Concentrated Development, would limit where growth could be located. A third, Channeled ® Development, would locate some of the ngwgrowth at high -activity centers of de elop ment along highways and transit routes4esulting in some growth in the rural area Why should thsp region look at these options? Metropvan Council staff forecasts for the region add more people and households during*Ie next quarter century than originally thou M. Also, the region needs a regional'development plan. The plan will provide a jfamework for investment decisions dbout the region's transit and sewer serviqps. The option selected will give local governments and the private sector a context for future growth and development decisions. 1 The brochure also summarizes new forecasts and recent trends that offer. glimpse of the future. In addition, likely costs of the region's sewer and tram services are identified. E 20 YEARS FROM NOW— What will we be like? • Average of 2 children per family. • Average household size of 2.5 people. • More racially diverse. • More older people. 1995 Where will we be living? If trends continue, expect... • Twice as many people in western half of the region (compared with the eastern half.) • Mart older people (age 70 and up) in single-family homes. N THREE VERY DIFFERENT OPTIONS FOR REGIONAL GROWTH The three development options are conceptual and do not define impact on specific communities. The illustrations on the back page, exaggerated, will be further defined later. Once an option is selected, the region's growth pattern will slowly shift over time. By the year 2020, land use changes will be evident. Spread Development This option is more market-driven than the others. It meets the region's demand for housing and job locations wherever demand occurs. The Metropolitan Urban Service Area (MUSA) would expand as needed to accommodate development. The MUSA is the already -developed urban area, plus land planned for future urban growth. This option is the closest to what's happening today. Growth would likely continue in a new concentric ring around the already developed part of the region. Rural land near the region's urbanizing edge would be seen as land 'on hold' for the next phase of urban expansion. Development density (the number of housing units per acre) would be low. n r G l n hi A I n I I I C D D I KIT Concentrated Development This option requires all future urban growth to locate within the MUSA, leading to higher density over time. There would be no MUSA expansion before the year 2020—and no new public infrastructure in the rural area. Development would fill in at available sites, or at redeveloped sites cleared of their old uses. Development focus is on the central cities and older suburbs, at the same time filling in newer suburbs. This option requires a deliberate regional effort to shape the location of new urban development and to preserve agricultural land outside the MUSA. Channeled Development This option locates some urban growth along highways and transit routes, especially at the high -activity centers of development friendly to buses, bikes and pedestrians. The MUSA line would project into parts of the rural area to allow for growth along these corridors. However, the remainder of the MUSA would not expand. Corridors would stretch from the downtowns to outlying suburbs, or from suburb to suburb. Revitalization efforts would focus on the corridors, making the option a strong strategy to renew the core and suburbs. For more information, or for a copy of the brochure, call the Data Center at 291-8140 (or 291-0904 TTI). E GRAPHICS NOTE The black inner boundary line is the seven -county metro area. The outer line contains the counties adjacent to the seven metro counties. Spread Development The shaded area is the current built-up area. The lines roughly encircling it represent the current Metropolitan Urban Service Area (MUSA), and its possible future expansions. The circles are cities in the rural area. They are rlikely to grow by 2020, depending on which development option is pursued. lb Concentrated Development ® �Z 0 NEXT STEPS °✓ 0 0 0 0 6Po Theveral ways the public can be IrvoVed n the planning. This summer ® o o to to 0 ani a RC�ouncil will hold public so 0 ° 0 meett(tgs, publish newsletters, and meet ` 0 with officials from local communities and other interested groups. People with y 7°` ®` online computers can access 0 information and comment via the Twin Cities Computer Network, or call the a Metro Information Hotline, 2293780. The public also can attend Council committee meetings where the growth ®- options will be discussed. The Council plans to select a growth'" option near the end of 1995. �. Channeled Development_.....,,..'. To date five more community meetings are planned (most of the sites are yet to be determined): • Aug. 2, on development (residential, commercial, industrial) and relationship to schools and libraries in Bloomington, 0 Eden Prairie, Chanhassen, Chaska, Shakopee, Savage and Burnsville. 6:30 a 0 p.m. in Shakopee City Hall. • Sept 8, on redevelopment and 0 reinvestment of large-scale sites in St. o Louis Park, Golden Valley and downtown Minneapolis. • Sept 13, on development in northern o counties of Anoka, Chisago and Isanti. • Sept 22 on redevelopment and reinvestment of Snelling Transit Garage, I around downtown St. Paul and Twin ! Cities Arsenal in Arden Hills. • Oct 9, on community and employment centers and community identity in Woodbury, Cottage Grove, Apple Valley, Rosemount and Eagan. PFr Ir)KI n I P I II FDR INIT RM Metropolitan Airports Commission Ell July 1995 ? ! .` DUAL TRACK ECONOMIC AND FINANCIAL f: ANALYSES ARE BEING CONDUCTED t 1AL TRACK The Metropolitan Airports Commission has selected consultants to analyze the financial and economic impacts of the Dual Track Airport Planning Process. The Commission selected John E Brown Co. of Cincinnati to assist in preparing a finance plan to cover planning and development costs to expand MSP or build a new airport. The study will review such issues as allocation and recovery of MAC's costs from airport system users; amortization of major improvements at MSP before a transfer of operations; financing methods; and sources of public and private funds. To conduct the economic impact analysis, MAC selected Economic Research Associates of Chicago and Dahlgren, Shardlow and Uban of Minneapolis to provide economic and community development analysis. This study, which will be completed in late 1995, will determine aviation's role in the local and regional economies for the primary airport development alternatives under consideration. The analysis will also address impacts on local communities, the region, the State of Minnesota and adjacent states. STATE AND FEDERAL ENVIRONMENTAL IMPACT STATEMENTS BEING PREPARED Both state and federal Environmental Impact Statements (EIS) will be prepared to describe the environmental consequences of expanding MSP, building a new airport, the "no action" alternative and other feasible alternatives. A joint draft EIS is due in November, with a final state EIS completed in March 1996. A final federal EIS will await a decision by the Minnesota Legislature. The public comment period for the Second Phase Dual Track Scoping Report ended July 5. The report identifies those alternatives that will be studied in the EIS and which environmental issues will receive more detailed analysis in the EIS. Public hearings and meetings for the scoping report were held June 26 and 27. The Metropolitan Airports Commission is scheduled to approve the scoping document at a special meeting on July 26. "The scoping report identifies which alternatives are feasible for meeting the region's future commercial aviation needs and will be carried forward for detailed evaluation in the EIS process," said Nigel Finney, MAC deputy executive director, Planning and Environment. II OlUnCuuLC ►I July -October 1995 • Technical evaluation of MSP, new airport and other alternatives. • Preparation of state/federal draft Environmental Impact Statement (EIS). November 1995 • State/federal draft EIS available for review and comment. • MAC reviews Technical Report. December 1995 - January 1996 • Public comment period on state/federal draft EIS. • Public hearing on draft EIS in January. March 1996 • MAC accepts draft state final EIS and submits to Environmental Quality Board (EQB). May 1996 • EQB determines state final EIS adequacy. July 1996 • MAC/Metropolitan Council submit recommendation to the Minnesota Legislature. - OTHER DUAL TRACK STUDIES UNDERWAY FOR FINAL LEGISLATIVE REPORT Work is underway on other documents and reports which will be contained in the final report to the Minnesota Legislature in July 1996. The report, being prepared jointly by the MAC and the Metropolitan Council, will recommend which alternative would best meet the region's commercial aviation needs. Additional studies include the following: Site Preservation Study — This study examines the costs, financial impacts and social impacts of using site preseivation to maintain a viable site for a potential airport. This study will be completed this summer. • Supplemental Airport Study —The Minnesota Department of Transportation is studying the potential for making additional capacity available at MSP for scheduled airline operations by moving some airport functions to other airports. This report is expected to be completed by late summer. • Dual Track Technical Report — This document will summarize the analysis of Dual Track alternatives. It will also complement the Dual Track EIS in providing technical documentation of the Dual Track process. A draft is due in November and the Commission will consider a revised technical report in February 1996. REMOTE RUNWAY STUDY SHOWS OPERATIONAL, COST CONCERNS A remote runway study, conducted as part of the Dual Track Airport Planning Process, indicated the idea had both operational and cost concerns. After hearing the evaluation conducted by Turner, Collie & Braden Inc. at its June meeting, the Metropolitan Airports Commission requested a written report from the firm in July. The remote runway concept envisoned linking the existing Lindbergh Terminal at Minneapolis -St. Paul International Airport (MSP) to an airfield located approximately 20 miles away. "The consultant's report shows the concept is a somewhat more costly alternative than either of the two options considered in the Dual Track Airport Planning Process," said Nigel Finney, MAC deputy executive director, Planning and Environment. The analysis considered the feasibility of linking two sites by rail transit. "Unlike other airport transit systems that travel only a few thousand feet, the length of this system and the high peaking characteristics associated with the airport's operation require a transit system as large or larger than most intra -urban systems," said Finney. Turner, Collie & Braden estimated the cost of a remote runway option at $4.2 billion to $4.3 billion. That is higher than either the $4 billion price tag for a new airport or the $2.2 billion cost of expanding the existing airport. Metropolitan Airports Commission 6040 28th Avenue South Minneapolis, Minnesota 55450 Printed on Recycled Paper. Contains 15% Post Consumer Waste. The consultant also indicated that eventually it would be difficult not to provide public ground access to the remote site and that a two terminal airport would develop. Dual Track Update is published by the Metropolitan Airports Commission to provide information on the Dual Track Airport Planning Process. Brochures about the MSP Long Term Comprehensive Plan and the New Airport Comprehensive Plan are available. For additional information, please call jenn Unruh at 726-8189. Ate', p "_=- 4 fay U.SASTAGE JUL 26195 Mw, PB METER `v 6852853 _1« Mr. James Willis Manager CITY OF PLYMOUTH 3400 Plymouth Blvd. Plymouth, MN 55447-1448 Granath & O'Donnell. PA. Plymouth City Council Memorandum Nick Giarnatl1 Ward 3 a di oice Mail 509-5003 Date: Tuesday, Auj*ust 01, 1995 To: City Altotne), R. Knutson via facsimile City Prosecutor, I,. Knetsch fax 452-5550 Subject: Research Request: Does a Community I -lave a Right to Know of the Presence of Convicted Violent/Sex Offenders Residing in their Community ? cc: Mayor, Council Members, City Attorney Summary LA C.— Thant: you for the text of In the Matter of D.C. The opinion, i note; does not address any community notice provision of the New Jersey act. I would like you to advise us on the extent of our authority a: a City Council to act on this issue. I ain aware that a conununity notice law was raised in the state legislature last session but did not get anywhere. Action • Please research and report back to the Council on this issue: 1 -that are tthe limits of our authority to act on this issue? Can ive? How far could we go? Background See my mcmo dated 17 August 1995, same subject. JUL 31 195 08:04 SIMS DELTEC 509 P01 S_ Memorandum To: wi ht Johnson, t3arb Senness Copy: Mayor Joy ierney, John Edson From: Olsen's, Frost's and Held's Date: July 30, 1995 Subject: Ameridata Nuisance Noise Activity Post -It* Fax Note 7671 Date ToA!�✓'b 5C`C/KJ�'S5 ,(pagges- From V SE'. Co./Dept. Co. Phone # Phone Fax # 5-v JC �O b Fax « We want to let you know we had a sound measurement test conducted by the N1PCA on July 27th from 8:15 in the evening until the next morning. The purpose of this test was to get data during an unannounced visit when the loading dock activity would be more typical than what occurred during David Braslau's its. We could have notified you of these MPCA tests at our meeting a week ago, but the visit had been planned a month earlier, and was conditional on good weather. Brian Timmerson, of the MPCA, measured sound on the Olsen's and Frost's decks, and on the Plymouth trail. Mr. Timmerson was able to get data for the noise and activity we find so annoying. Impulsive noise levels exceeded 90db on the Olsen's deck. Nghtime L10 noise standards were exceeded on the decks by idling trucks, and daytime L50 noise standards were exceeded on the trail. We will forward a copy of his report when we receive it. Mr. Timmerson mentioned that he has worked with Mr. Braslau on many occasions, and he would be quite willing to share his data with him, so that Mr. Braslau would not have to run further tests at the city's expense. There are several other brief topics we want to discuss: • Eliot Knetsch's Jan. 161995 memorandum said (page 3, pp.3) the "city would be free to regulate' impulsive noises. Since the MPCA test report will demonstrate there is significant amounts of loud impulsive noise, we request you discuss with Mr. Knetsch how this regulation could be accomplished. • On July 29th, a Saturday, the loading docks were active from 8:00 am until 2:30 p.m. we measured sound levels of over 68db from diesel truck activity on one of the decks. This only exacerbates an already intolerable situation. We live in an otherwise quiet community, and we especially expect peace and quiet on the weekends. • Our complaint is based on Ameridata's violation of the city's nuisance ordinances. In case there is any confusion on this matter, the activities we find to be a nuisance, in order of worst annoyance are: 1. Trucks moving in and out of the loading docks, with revving engines, air brakes, and trailer hook ups. Also, loading and unloading of the trailers. This includes significant amounts of impulsive noise. 2. Trucks running or idling in the dock area JUL 31 '95 08:05 SIMS DELTEC 509 P02 -kb 3. PA system noise and other noises coming from open loading dock doors. 4. Visual annoyance of the dock activity when the leaves are off the trees ( 6+ months per year), as well as exterior lighting. This should have been prevented by the city's zoning standards. • Mr. Braslau's report of July 21, states the height of a person on the Olsen's deck would be 10 feet above the slab level (page 2. pp. 2). This is an error, since the deck surface is 9 feet above the slab level. A person standing on the deck would typically have their head 16 feet above the slab level. This would necessitate a higher noise wall, if a wall is used as part of the solution to this problem. Mr. Braslau suggests another visit would be useful to finalize the wall dimensions. Maybe this could be done during the time already arranged for testing, at 5:00 p.m. on Monday July 31. Metropolitan Council -7- LAc-- Working for the Region, Planning for the Future r' August 1, 1995 UPDATE to City Administrators: Over the next several months, local governments will need to make a number of decisions on participating in various regional initiatives adopted by the Minnesota Legislature. We hope to implement initiatives in partnership with your community. A summary of regional legislation from the 1995 legislative session relating to planning, programs and services is enclosed. We are also scheduling a number of information sessions for learning about these new initiatives. In particular, the Metropolitan Livable Communities Act offers opportunities for communities. Its emphasis on cooperation and incentives to achieve regional goals received bipartisan support from state and local policy makers. Financial incentives established by the Legislature and to be administered by the Council offer much-needed dollars to clean-up polluted sites for commercial and industrial development, promote compact housing and business development near transit, and make affordabie housing available to meet community needs. You can learn more about these regional initiatives and important community deadlines for community decision-making at the meetings listed below: Regional briefings on Livable Communities for local government staff and elected officials Aug. 16 - 6 p.m. Shoreview City Hall, Council Chambers, 4600 N Victoria, Shoreview; Aug. 17 - 6 p.m. Dakota Co. Western Service Center, Room L139, 14955 Galaxie Ave., Apple Valley; Aug. 22 - 6:30 p.m. Metropolitan Council Chambers, 230 E. 5th St., St. Paul; Aug. 23 - 6 p.m. Minnetonka City Hall, Council Chambers, 14600 Minnetonka Blvd, Minnetonka Aug. -Oct. Working sessions with local government staff to develop housing agreements for communities considering participating in Livable Communities -(Council staff will contact communities in August) 230 East Fifth Street St. Paul, Minnesota 55101-1634 (612) 291-6359 Fax 291-6550 TDD/TTY 291-0904 Metro Info Line 229-3780 An Equal Opportunity Employer — -AQ.— Sept. Staff forums (Two dates to be announced) Concurrent half-day morning sessions will provide technical assistance and informal briefings and discussions on Livable Communities, land planning and comprehensive plan changes, regional growth and development options, transit redesign, water planning Council establishes advisory committee for livable communities (your suggestions and nominations are welcome). • Nov. 15 Deadline for cities' decisions on whether to participate in Livable Communities • Dec. Public hearing on community housing agreements to be adopted by Council • Jan. 15, 1996 Council adoption of housing agreements with participating cities • Feb. Grant applications issued to interested cities • July Decisions on grants funding We are also pleased to report progress in streamlining regional government. Consolidation and coordination of administrative functions, and mergers of planning and operations in Transportation and Environmental Services Divisions are in place. Housing planning, the HRA, technical assistance and parks planning are now a part of the Community Development Division. Policy and research units will be combined later this summer. We hope that you are starting to see some positive changes. . LA C._ Overall Results The 1995 legislative session will prove to be a landmark session. Laws passed during the session establish an innovative regional public safety radio communications system and set a region -wide course and funds to achieve more affordable and life -cycle housing, clean up polluted sites and improve the livability of communities. The legislation also reinvigorated the local long-range planning process and makes the comprehensive plan the key document from which to make land -use decisions. Other legislation streamlines the planning review process and allows the Metro HRA to partner with other HRAs. Transit funding assistance, however, falls short of need, requiring immediate service reductions and fare increases. As a result, adequate funding for transportation continues to be an unresolved issue. In This Summary Major provisions of the following legislation are summarized. - Public Safety Radio Communications System Law - Metropolitan Livable Communities Law - Amendments to the Metropolitan Land Planning Law - Omnibus Environmental and Natural Resources Law - Omnibus Transportation Funding Law and related Laws - Miscellaneous legislation on Metro HRA activities and Council deadlines for reviewing certain items For additional information on Metropolitan Council programs and services related to this legislation, call the Council's Data Center at 291-8140. Copies of laws can be obtained from the Minnesota House of Representatives' Chief Clerk's Office at 296-2314 or the Minnesota Senate Office at 296-2343. -ry PUBLIC SAFETY RADIO COMMUNICATION SYSTEM (Chapter 195, Laws of 1995) Context The act will lead to improved region -wide public safety radio communications. It creates a system that can be shared by governmental units and developed at less cost than if each unit were to update its current system separately. The system plan, under development for three years, is a result of intergovernmental cooperation to share services effectively. General Provisions • Creates a public safety radio system to be phased in over the next several years. The first stage will be built by the Minnesota Department of Transportation (Mn/DOT), a process to be overseen by the newly created Metropolitan Radio Board. • Local governments and other potential users are free to join the system if and when they see fit. Metropolitan Radio Board The board is created as a political subdivision. Membership: 17 members who must be appointed no later than June 22, 1995. • Twelve members are selected by their governing boards or are designated in the legislation. The 12 include the following: seven county commissioners, one from each metropolitan county; one elected official from each of the cities of Minneapolis, St. Paul and Bloomington; a member of the Metropolitan Council; and Mn/DOT's director of electronic communications. • The governor appoints five members: two elected suburban officials (recommendations solicited from the Associa- tion of Metropolitan Municipalities); one elected official from a county, or city within a county contiguous to the metropoli- tan area (recommendations solicited from the League of Minnesota Cities); a metropolitan area sheriff (recommendations from the Metropolitan Sheriffs Association) and a metropolitan area police chief (recommendation from the Minnesota Chiefs of Police Association). • The board must create an advisory technical operations committee. Responsibilities of the Board • Within 90 days of the effective date of the legislation, or by Aug. 21, the board must adopt a region -wide public safety radio communications plan. The plan is to include, at a minimum, the following: • A system design for the first -phase backbone (i.e., control computers, fiber-optic and microwave links and transmission towers); A system design for subsequent phases; and A plan to assign radio frequencies. • The board plan will be used as a basis for an application to the Federal Communications Commission (FCC) for new 800 -megahertz channels and other public safety frequencies needed to implement the plan. Local governments or other public or private entities eligible to apply for the channels are restricted from applying until the FCC rules on the board's application. The board may grant an exception to the restriction on applications for channels. • The board is responsible for ensuring that the system is built and operated as planned. This is an oversight function only, as actual construction and operation is the responsibility of Mn/DOT. The board is responsible for determining how costs for construction, administration and operation will be allocated. The board also can contract with eligible private users and users outside the metropolitan area for service. The board adopts performance standards for operation of the system and priorities or protocols for use of the system. Responsibilities of the Department of Transportation • Makes recommendations to the board on the first -phase design, and issues bid specifications for the first -phase system. The department is responsible for construction or lease of the system and will own, operate, maintain and make any improvements to the first -phase system. Makes application to the FCC for the necessary frequencies and holds the licenses for those frequencies. As local governments participate in the system, those governments may be co -licensed on frequencies used by their subsystems. • Receives $194,000 in fiscal year 1995-96 from trunk highway funds to pay for licensing fees and final design costs. Responsibilities of the Metropolitan Council • Provides staff and administrative support for the board until the first -phase backbone is operating and the board can levy fees on users. The Council collects the user fees for the board and can impose a deficiency levy on any local govern- ment not paying its user fees. L • Issues $10 million in revenue bonds and $3 million in transit general obligation bonds (see "Funding" below). • Reviews the board's budget and can disapprove the budget if it does not include sufficient funds for debt service on the $10 million in revenue bonds. Planning Requirements • Each county, and Minneapolis or St. Paul --if either chooses not to participate in its county's plan—must prepare a subsystem plan within two years after enactment of the legislation. The planning process must seek participation by all eligible users. • No county, nor Minneapolis or St. Paul, is required to do a technical subsystem design to meet the requirement that it prepare a plan. However, local governments must cooperate with their county in its preparation of the plan.. • Counties are encouraged to establish local public safety radio subsystem committees to help develop the plan and advise the Metropolitan Radio Board of local service needs. Administration of the Board • Until the board has its own funds from user fees, the Metropolitan Council is required to provide office space, staffing and administrative support to the board. • The Council will provide an executive director to the board until the board has funding to hire its own executive director. The Council -provided executive director will be a member of the Council staff and will serve at the pleasure of the board. Funding • The legislation authorizes the Metropolitan Council to sell $3 million in transit general obligations bonds to pay for the share of the radio system used by regional transit operations. • The legislation also authorizes the Metropolitan Council to sell $10 million in revenue bonds to fund the mutual aid and emergency medical services components of the radio system. Debt service on the revenue bonds will be provided from a 9-1-1 emergency telephone fee fund. The Council repays the bonds through 9-1-1 revenues transmitted from the Minnesota Department of Administration to the Council. The board is authorized to use 9-1-1 funds, not to exceed a maximum of four cents per telephone line. The funds are for system design, construction, recurring costs, debt service on the revenue bonds and to repay money borrowed from the Right -of -Way Acquisition Loan Fund. • The board also may levy user fees on local governments and other entities that participate in the region -wide public safety radio system. • The legislation does not provide funding for the $15 million share for state agencies. An appropriation of $194,000 is provided from the trunk highway fund to complete the fust -phase system design and to apply for frequency licenses. The $15 million will be requested in the 1996 legislature's bonding bill. Sunset • On July 1, 1999 the board sunsets and its functions and assets are transferred to either the Metropolitan Council or to a state agency. The decision on where the board is transferred will be made by the legislature based on biennial reports submitted by the Council on the progress of the system and its expansion beyond the metropolitan area. .1 _: L� C_ METROPOLITAN LIVABLE COMMUNITIES LAW -% (Chapter 255, Laws of 1995) Context The law is landmark legislation that will help clean up polluted land, expand housing opportunities and revitalize commu- nities in the region. It represents a policy direction from the state on how to deal with affordable housing issues and provides funds to move from ideas to action. It also has funds for polluted site cleanup and for urban demonstration projects. The legislation uses incentives, not mandates, to accomplish the desired results. It closely parallels the Council Regional Blueprint plan, adopted in 1994, in encouraging communities to include housing diversity and choice and in giving priority for regional financial investments to communities choosing to participate. General Provisions • Creates a Metropolitan Livable Communities Fund administered by the Council. The size of the fund is yet to be determined. Funds to be placed in the account will come from several sources, including part of a property tax previously levied by the Metropolitan Mosquito Control District, existing Council funds plus funds the Council will levy in future years, and from funds related to Bloomington's fiscal disparities levy originally allocated in 1988 for interest payments on Mall of America highway improvements. • Communities choosing to participate in the housing activities identified in the law can use the funds to: 1) clean up polluted land to make it available for commercial and industrial development; 2) receive loans and grants for demonstration projects fostering more compact development and encouraging housing diversity and development located close to transit; and 3) work toward achieving affordable and life -cycle housing goals, which are negotiated with the Council. • Participating communities spend a designated amount to create life -cycle and affordable housing in their commu- nity. If they are not meeting their goals by 1998, they must distribute their designated affordable and life -cycle housing funds to their city or county housing authority, or to the Council's fund for distribution to other cities. • Creates an urban homestead program offering an income tax break to people who move into homes in certain neighborhoods in transition toward blight and poverty. • Requires periodic reports to legislature on implementing the law's requirements. Polluted Site Cleanup • Creates a "tax base revitalization account" for grants to help cities, towns and counties pay for clean up of polluted land in the metro area. Doing so also gives a boost to the urban tax base by making more land available for commercial and industrial development. • Some of the money to fund the clean up program would come from revenues from the Right -of -Way Acquisition Loan Fund (RALF) levy, which the Council assesses to help local governments purchase rights-of-way needed to build roads. Amounts over and above what is needed for right-of-way acquisitions will go into the "tax base revitalization account." An estimated $1.8 million is available in 1996. • Other funds will come from a levy by the Council in an amount equal to the difference between the area -wide levy certified by the City of Bloomington to cover interest payments on Mall of America highway improvements in tax year 1988 and in the current year, up to a maximum of $5 million. An estimated $4.7 million is available in 1996. • Communities must participate in the law's local housing incentives program to be eligible for funding, and they may use grants from the "tax base revitalization account" as a local match for clean up funds from the Department of Trade and Economic Development. Making Communities Livable • Makes loans and grants available to cities, towns and counties that embark on demonstration projects to make their communities more "livable" and who participate in the local housing incentives program. -X • The Council, with the help of an advisory committee, will set criteria for determining which projects qualify for funding from the "livable communities demonstration account," based on guidelines provided in the legislation. Demon- stration projects eligible for funding from the Council must foster more compact development, housing diversity and development in close proximity to transit and other existing services. • The Council is authorized to levy a tax up to 50 percent of the current Metropolitan Mosquito Control District's (MMCD) levy. In addition, the account will receive an annual Homestead and Agricultural Credit Aid (HACA) payment equal to 50 percent of what the MMCD receives. An estimated $4.6 million is available in 1996. $500,000 will be trans- ferred from this account into the local housing incentives account each year, beginning in 1997. Affordable and Life -Cycle Housing • The Council makes grants available to communities working toward affordable and life -cycle housing goals. The Council negotiates housing goals with each participating community. Community participation in the program is voluntary. • To participate in the local housing incentives program, communities must use their locally generated "affordable and life -cycle housing opportunities amount" on affordable and life -cycle housing in their own communities. The "local housing incentives account" provides dollars the Council will administer throughout the region to help communities reach their affordable and life -cycle housing goals. Affordable and Life -Cycle Housing Opportunities Account • The law provides a formula for calculating an annual "affordable and life -cycle housing opportunities" amount for each community. The estimated aggregate sum of all communities' affordable and life -cycle housing during the first year of the program will be approximately $1.6 million. • Participating communities that have met negotiated goals may use their locally -generated revenues to maintain existing affordable and life -cycle housing. Participating communities that have not already met their housing goals can keep their locally generated funds to work toward their negotiated housing goals. • Beginning in 1998, however, participating communities that have not met negotiated housing goals and have not spent a significant portion of their locally -generated funds to create affordable and life -cycle housing opportunities must make one of two choices. -They must give dollars from their affordable and life -cycle housing opportunities amounts to their city or county housing authorities to create affordable and life -cycle housing opportunities within their communities. -Communities may choose to give these dollars to the Council's "local housing incentives account" for use by other communities. • The law allows neighboring communities to work together to provide affordable and life -cycle housing opportunities. It also allows communities to participate in the housing program at any time, even if they were not participating earlier. Local Housing Incentives Account • Revenue sources for the "local housing incentives account" include: -Funds from participating communities choosing to contribute revenues from their "affordable and life- cycle housing opportunities" amount; -A one-time, $1 million appropriation from proceeds of solid waste bonds issued by the Council; -$500,000 per year from the livable communities demonstration account, beginning in 1997; and -Beginning in 1998, $1 million a year from the Council's general property tax levy. • Beginning in 1998 these sources will generate at least $1.5 million per year which the Council will use to support . =-- �A C_-_ local housing initiatives. • Communities eligible to receive grants from the "local housing incentives account" are those that have not met their affordable and life -cycle housing goals, but are actively funding projects to meet those goals. To receive funding from the account, these communities must provide local matching dollars. • Communities participating in the housing program may receive grants and loans from any of the three accounts. Those that choose not to participate may not receive funds from any of the three accounts, nor may they receive state grants to help clean up contaminated sites. • The Council may consider a community's participation in the housing program when making decisions about funding regional investments. Economic Vitality and Housing Initiative • The Minnesota Housing Finance Agency may create an economic vitality and housing initiative to provide funds for affordable housing projects in connection with local economic development and redevelopment efforts. The initative is intended to help ensure the expansion of the economic base and employment opportunities. In the metropolitan area, the agency and the Council are to confer on the priorities for use of the funds. Urban Homestead Program • Law creates an urban homestead program giving state income tax exemptions to people who move into homes in certain declining neighborhoods within the metro area. • The Council is to designate one or more "urban revitalization and stabilization zones" by September 1, 1995. Anyone who buys and occupies a home within a designated area would receive an income tax break for up to five years, provided they do not move out of the home, sell the house, fail to comply with building codes or are convicted of a felony. • Maximum exemption for married joint filers is $15,000; $10,000 for single filers and $12,500 for unmarried individuals qualifying as a head of household. The exemption is subject to income limits and phases out for filers with incomes that exceed statutory limits. Development Pattern Report • The Council must report to the Legislature by Jan. 15, 1996 on the probable development patterns in and affecting the metro area to the year 2020. The review is to include the present course of growth compared with directed, compact and efficient development, and consider development impacts on the adjacent counties (those in the federal standard metropoli- tan statistical area or those having five or more percent of its residents commute to jobs in the seven county region). Timetable • By Nov. 15 of each year, communities may elect to participate in the local housing incentives program. By Feb. 1 of each year, the Council reports to the legislature on which communities are participating in the program. • By Jan. 15, 1996, Council is to adopt negotiated community goals for affordable and life -cycle housing. • By June 30, 1996, communities are to identify actions they will take to meet the goals. • Beginning Nov. 15, 1996, Council is to issue an annual city -by -city report card on affordable and life -cycle housing in the metro area. • On Jan. 15, 1998, communities begin reporting to the Council on local expenditures to meet affordable and life- cycle housing goals. In Jan. 2003, Council is to prepare a report to the legislature evaluating the law and any recommendations for legislative action. AMENDMENTS TO THE METROPOLITAN LAND PLANNING ACT (Chapter 176, Laws of 1995) Context The amendments establish the community's long-range comprehensive plan as the principle document for community land - use decision making. Previous law required cities to follow the zoning ordinance if there were conflicts between the two. The law also reinvigorates the local comprehensive planning process by requiring communities to update their plan periodically. General Provisions • Requires local governments in the metro area to review and, if necessary, update their comprehensive plans by Dec. 31, 1998, and at least every 10 years thereafter. • Requires that "fiscal devices" such as capital improvement programs and official controls, such as zoning and subdivision ordinances of metropolitan local governments, conform to local comprehensive plans. • Permits metropolitan area local governments to include elements on intergovernmental coordination and economic development in their comprehensive plans. Updating Local Comprehensive Plans Local comprehensive plans must be reviewed and, if necessary, updated: by December, 1998; at least every 10 years thereafter; and in response to changes in metropolitan system plans. • By Dec. 31, 1998, each local government in the Twin Cities area is required to review its local comprehensive plan and, if necessary, amend its entire plan and amend its fiscal devices and official controls accordingly. In updating their plans, local governments are required to consider the metropolitan system plans in effect on Dec. 31, 1996. If amendments are necessary, a local governments must submit its plan amendment to the Council for review, as well as amendments to its fiscal devices and official controls for the Council's information. If an amendment is not necessary, local governments must certify to the Council that it is not necessary. After Dec. 31, 1998, local governments must review and update their comprehensive plans, if necessary, every 10 years. • Local governments must prepare amendments, if necessary, to their comprehensive plans and submit them to the Council in response to metropolitan system plans the Council adopts after Dec. 31, 1996. For Council system plans adopted after Dec. 31, 1996, the deadline for submission is Sept. 30, 1999, or nine months after the Council sends the system plan amendment to the local government, whichever is later. • The Council can grant extensions to local governments for submitting their comprehensive plan amendments and implementation tools. The extension must include a timetable and plan for the local government's review and amendment of its comprehensive plan and implementation tools. Consistency of Comprehensive Plans with Implementation Tools • If a local comprehensive plan or amendment -- one prepared for Council review by Dec. 31, 1998 or later -- conflicts with the local government's zoning ordinance, the zoning ordinance must be changed to conform to the plan. .L; LAC— . After Aug. 1, 1995, local governments may not adopt any fiscal device or official control which conflicts with its comprehensive plan or plan amendments, or which permits activity that conflicts with metropolitan system plans. • In reviewing and updating their comprehensive plans by Dec. 31, 1998, local governments must ensure that fiscal devices and official controls do not conflict with their comprehensive plans. Assistance for Updating Comprehensive Plans • In awarding grants and loans for local planning, the Metropolitan Council is required to give priority to local governments updating their comprehensive plans under the Dec. 31, 1998, deadline. • The Metropolitan Council is required to consult with affected local governments on the need for technical and financial assistance in updating their local comprehensive plans, and then report the results to the legislature by Jan. 15, 1996. Amendment to Watershed Planning Law • Local governments must submit the water management plans they prepare for watershed management organiza- tions to the Council for review and comment when the plan is submitted to the local watershed management organization. The watershed management organization is required to take into account the comments of the Council in its review of the plan. OMNIBUS ENVIRONMENT AND NATURAL RESOURCES LAW FUNDING REGIONAL PARKS - (Chapter 220, Laws of 1995) Context The law continues the state's funding for regional parks operation and maintenance at about the same level as the previous biennium. There are also additional funds for acquisition and development of park land. General Provisions - $9.5 million is appropriated for regional parks for operations and maintenance, capital improvements and land acquisition. Operations and Maintenance Appropriated $4,476,000 of general funds for park operation and maintenance for fiscal years 1996 and 1997: $2,238,000 for fiscal year 1996 and $2,238,000 for fiscal year 1997. This funding will provide about six percent of the costs of operating and maintaining the system. The funds will be used by the nine units of government that own and operate the regional parks (Anoka, Carver, Dakota, Hennepin, Ramsey and Washington counties, plus Minneapolis, St. Paul and Bloomington). Land Acquisition • Appropriated $1,120,000 for acquisition of park land for 1995. The funds can be used for purchasing land for regional parks, park reserves or trails. Funds come from the Minnesota Environmental Trust Fund and must be spent by Dec. 31, 1995. The Council and the Metropolitan Parks and Open Space Commission must select from candidate sites. Two examples are Grey Cloud Island regional park in Washington County and Lake Byllesby regional park in Dakota County. Capital Improvements Appropriated $3.95 million for capital improvements in parks. Most of this money will be used for park develop- ment projects; some will be used for park land acquisition. Funds must be spent by Dec. 31, 1997. -=-'A Source of Funds • Funds come from three sources: Environmental Trust Fund (ETF), the state's general fund (GF) and Metropolitan Council bonds. ETF provides 60 percent of funding and Council bonds provide the remaining 40 percent for some capital improvement projects. Federal Intermodal Surface Transportation Efficiency Act (ISTEA) grants for trail projects, $500,000 for disability retrofitting, and $1.12 million of fiscal year 1995 ETF monies for land acquisition are not matched with Council bonds. OMNIBUS TRANSPORTATION FUNDING, OTHER RELATED LEGISLATION - (Chapter 265, Laws of 1995) Context The law increases the state contribution to the operation of the region's transit system compared with the previous bien- nium, but underfunds the Council's original request by $10 million. Service cuts and fare increases will be required. Other legislation (Chapter 265) authorizes the Council to bond for $32 million for capital improvements planned in 1996. A request for an additional $50 million in bonding authority for years 1997 and 1998 was not approved. General Provisions • Provides operating funds for regional transit services and the Metro Mobility program, a transit service for certified disabled riders. • The law, together with several other transportation -related laws, re -authorize Metropolitan Council bonding authority for capital improvements, earmark the use of some state funds, and give direction to several highway projects. Transit Funding • The omnibus law allocates $83 million from the general fund to support Metropolitan Council Transit Operations in the 1996-1997 biennium. • $30.6 million of this amount is to be used for the Metro Mobility program. • The Council may spend up to $625,000 of the state appropriation for a high-speed bus pilot project between the suburbs and between the suburbs and downtown Minneapolis and St. Paul. • Bus security improvements to enhance driver safety, including plexiglas shields to protect drivers and surveillance cameras, are to be installed on buses traveling high risk routes. • A separate bill (Chapter 265) re -authorizes the Council to issue $32 million in transit bonds for capital projects overall and also for the capital needs of Metro Mobility. The amount is sufficient to meet needs in 1996. The law prohibits use of bonds to pay for new driver uniforms. Highway Provisions • An additional lane of traffic is to be added in each direction on Interstate Hwy. 394 near the Penn Ave. interchange in Minneapolis. The action removed a previous state prohibition against adding additional lanes. The law does not establish a timetable or provide funds for the lanes. • MnDOT is to complete the Wakota Bridge reconstruction at the earliest feasible date consistent with available funding. No specific dates are included. MnDOT was also directed to find alternative ways to fund the reconstruction of Hwy. 212 between I-494 and Cologne, such as through use of public-private partnerships or toll financing. = L-kc�_ Mandatory Vehicle Inspection • The vehicle inspection law (Chapter 204, Laws of 1995) was amended to exempt cars up to five years old from mandatory annual inspections. MISCELLANEOUS LEGISLATION METRO HOUSING AND REDEVELOPMENTAUTHORITY (Chapter 112, Laws of 1995) • The Metropolitan Council, acting as the Metro Housing and Redevelopment Authority, is now authorized to enter into joint powers agreements with certain other HRAs to carry out joint activities. Previous law prohibited the Council from doing so. - DEADLINE FOR COUNCIL ACTION (Chapter 248, Laws of 1995) • The Council, effective July 1, 1995, must complete action on requests for expansion of the metropolitan urban services area or zoning items within 60 days. If the Council doesn't act or seek an extension, the item is considered ap- proved. Until now, the Council has had 90 days within which to consider major local comprehensive plan amendments. Extensions of up to 60 days may be requested. 10 itAbout the Metropolitan Council The Metropolitan Council conducts regional planning and operates transit and wastewater collection and treatment ser- vices. The Council's responsibilities include: • conducting comprehensive planning for transportation, environment and community development; • working with other local units of government to ensure that their planning is consistent with the Council's plans and the plans of their neighboring communities; • operating the regional wastewater collection and treatment system; • operating the regional transit system; and • administering the Metro Housing and Redevelopment Authority. Upon request, this Metropolitan Council publication will be made available in alternative formats to people with disabili- ties. Please call the Council's Data Center at 291-8140 or TTY 291-0904. July 20, 1995 Publication No. 14-95-042 Metropolitan Council Mears Park Centre 230 East 5th Street St. Paul, Minnesota 55101-1634 (612) 291-6359 Fax 291-6550 TTY 291-0904 Metro Info Line 229-3780 N O,tp'OENT O-+ V O D 's °''"'°" AUG 0 1 1995 Dwight D. Johnson City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 S- LA U.S. Department of Housing and Urban Development Minnesota State Office 220 Second Street South Minneapolis, Minnesota 55401-2195 Dear Mr. Johnson: SUBJECT: Comprehensive Annual Financial Report Period Ending December 31, 1994 We have received and reviewed Plymouth's Comprehensive Annual Financial Report for the period ending December 31, 1994. We appreciate the timely submission of the report. The report contained one finding. It pertained to a late submission of a Grantee Performance Report to this office. Based upon the City's response in the audit, no further action is necessary to resolve the finding. Thus, we consider the audit closed. If you have any questions on this matter, please contact John Swanson at 370-3022. cc: Ed Goldsmith, HRA Supervisor Sincerely yours, S wn G. Huckleby hector, CPD Division July 27, 1995 C 1 rk',. Minnesota Pollution Control Agency !fir t �'F Ms. Magie Paradise Peterson Group Property Management 7340 Gallagher Drive Edina, Minnesota 55435 RE: Petroleum Storage Tank Release Investigation and Corrective Action Site: Four Season Villa Apartment, 3631 Lancaster Lane North, Plymouth Site ID#: LEAK00008556 Dear Ms. Paradise: Notice of Release The Minnesota Pollution Control Agency (MPCA) has received notification that a release of petroleum has occurred from storage tank facilities which you own and/or operate that has resulted in contamination of soil and/or ground water. Legal Obligations Federal and state laws require that persons legally responsible for storage tank releases notify the MPCA of the release, investigate the extent of the release and take actions needed to ensure that the release is cleaned up. A person is considered legally responsible for a tank release if the person owned or operated the tank either during or after the release, unless specifically exempted under the law. See Minn. Stat. § I I5C.021 (1992). If you believe that you are not legally responsible for this storage tank release, please submit a written explanation of your position to the MPCA within 30 days. If you are not legally responsible for the release, but hold legal or equitable title to the property where the release occurred, you may volunteer to take corrective action. Responsible persons and volunteers who take corrective action may be eligible for reimbursement for a major portion of the costs of corrective action. The legislature has established the Petroleum Tank Release Cleanup Account to reimburse responsible persons and volunteers. The account is administered by the Petro Board which is part of the Minnesota Department of Commerce. Final decisions regarding the amount of reimbursement are made by the Petro Board. All questions about eligibility and reimbursement should be directed to the Petro Board at 612/297-1119 or 612/297-4203. .�-LA-,Q,, Ms. Magie Paradise Page 2 July 27, 1995 Request to Take Corrective Action The MPCA staff is requesting you to take the steps necessary to investigate and clean up the release in accordance with the enclosed MPCA fact sheets. The MPCA requires that you conduct a site investigation to define the full extent and magnitude of the soil and/or ground water contamination caused by the release. A report which details the results of the investigation or concludes that excavation was sufficient to address the release for cleanup (Excavation Report and/or Remedial Investigation/Corrective Action Design (RI/CAD)) must be submitted to this office within 10 months of the date of this letter. Please refer to MPCA fact sheets for information pertaining to the degree of investigative work necessary at petroleum release sites. Sites with free product, drinking water supply impacts, fire or explosion hazards, or ground water impacts which pose a significant threat to public health or the environment, are considered high priority for staff review. If one or more of these situations apply to your site, an RI/CAD report must be submitted within 90 days. In addition, if you know or discover that there is free-floating petroleum in a well, excavation, or borehole, you must notify the MPCA within 24 hours and IMMEDIATELY begin interim free product recovery. If you have not already done so, the MPCA recommends that you hire a qualified consulting firm registered with the Petro Board that has experience in conducting petroleum release site investigations and in proposing and implementing appropriate corrective actions. A list of registered contractors and consultants is available from the Minnesota Department of Commerce. The MPCA reserves the right to reject proposed corrective actions if the requirements of the site investigation have not been fulfilled. Please note that, under Minn. Rules pt. 2890.0075, subp. 2, you must solicit a minimum of two competitive proposals on a form prescribed by the Petro Board to ensure that the consulting costs are reasonable. Questions about bidding requirements should be directed to Petro Board staff. Required Response MPCA staff requests a written or verbal response to this letter within 30 days. In your response, please tell us whether you intend to comply with the above requirements. If you do not respond within this time frame, the MPCA staff will assume that you do not intend to comply, in which case the MPCA Commissioner may order you to take corrective action. If you do not comply with the Commissioner's order, it may be enforced in court or, alternatively, the MPCA could use state funds to clean up the release and then request the Attorney General to recover its costs from you through legal action. Failure to cooperate with the MPCA in a timely manner will also result in reduced reimbursement from the Petro Board. See Minn. Rules pt. 2890.0065, subp. 1, item C. Ms. Magie Paradise Page 3 July 27, 1995 The enclosed fact sheets will provide you with the information necessary to complete a successful investigation and cleanup. If you have any questions concerning this letter or need additional information, please contact me at 612/297-8582. Please reference the above LEAK # in all correspondence. Sincerely, r ;er Cleanup Unit III Tanks and Spills Section KS:tf Enclosures cc: Laurie Ahrens, City Clerk, Plymouth Richard Kline, Fire Chief, Plymouth Greg Lie, Hennepin County Solid Waste Officer July 29, 1995 Rick Kline, Fire Chief Plymouth Fire Department 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Mr Kline: =1- t --k I am writing this letter to thank you and all of your fire fighters for the great work you did on Thursday, June 22, 1995, when our home was struck by lightening. I felt that your men (and women) went out of there way to clean up all the debris from in front of our home - they went into my garage and brought out the dumpster and cleaned up all the lumber that was scattered in the yard and the driveway. They also went into the house and placed everything that was on the floor and surrounding area up onto the bed and then covered the bed with plastic to make sure that everything was protected so as not to be damaged by water, should any come through the roof. I feel that they all went out of their way to make sure that unnecessary damage would not occur. It is so nice to know that our fire department is a conscientious group of people that take pride in what they do and look out for the homeowner. I thank you one and all for the great job that you performed. Also, I know that our fire was a little one, but it's upsetting to see a large gaping hole in your roof with a few flames coming out the top. You did a great job and I think more people should take the time to let you know how much we appreciate the hard work that you all do. Sincerely, Anita Palmer 3305 Zircon Lane, North Plymouth 55447 430 Zinnia Lane N Plymouth, MN 55441 31 July 1995 Mayor Joy Tierney City of Plymouth Plymouth, MN 55447 Dear Mayor Tierney: My wife and I walk quite a bit on the sidewalks and trail system in Plymouth. Quite often we will walk from our home to Carlson Center for lunch. We find the walk along Carlson Parkway in Plymouth to be very hazardous. The sidewalks along the south side of Carlson Parkway to have many trip hazards. Concrete sidewalks have settled leaving metal plates raised above the surface. Concrete broken, holes between the sidewalk and curbs, one section of sidewalk is missing altogether. Tree branches overhang the sidewalk at low levels. Add all this to the cars that don't stop for you when you have the walk lights or don't stop for the stop lights and this all adds up to a bad stretch of sidewalks and trail. The problem is from Cheshire Lane to the city line. I have talked with several people at Parks and Recreation about this and the last I heard, about a month or more ago, was the city did not know who should be maintaining this. The city or Carlson. I was wondering if somehow you could get involved and try to resolve the problem so these hazards can be fixed before someone gets hurt. My wife almost fell there this afternoon on one piece of broken sidewalk on the 494 bridge. Sincerely yours, George Wilson 797-7434 CIN OF PLYMOUTR August 3, 1995 George F. Wilson 430 Zinnia Lane No. Plymouth, MN 55441 Dear Mr. Wilson, Thank you for your recent letter concerning the sidewalk/trail along Carlson Parkway. Mayor Tierney has asked Eric Blank, Director of Parks and Recreation, to respond to your letter. You can expect a response from Mr. Blank by August 14. Thanks again for your letter. Please give me a call on 509-5052 if you have not received a response by August 14. Sincerely, 60, �w4y�- Kathy Lueckert Assistant City Manager cc: Eric Blank, Director of Parks & Recreation C/R file We Listen - We Solve • We Care 3400 PLYMOUTH BOULEVARD • PLYMOUTH, (MINNESOTA 55447 • TELEPHONE (612) 550-5000 CI 1 1 Co PLYMOUTR August 3, 1995 Joy Rude 16035 36th Place No. Plymouth, MN 55447 Dear Joy, Thank you for speaking at the Plymouth Forum last evening. Your question about the ownership and maintenance of the median strip along 36th Avenue has been referred to Fred Moore, Public Works Director, and Anne Hurlburt, Community Development Director. They will research your question and report back to you and the City Council. Thanks again for speaking Tuesday evening. Sincerely, Kathy eckert Assistant City Manager cc: Fred Moore Anne Hurlburt We Listen • We Solve • We Care 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550-5000 CITU OF PLYMOUTF+ August 3, 1995 Mr. Roger Scherer Metropolitan Council 230 E. Fifth Street St. Paul, MN 55101 Dear Roger: The Plymouth City Council has asked me to write to you to request a meeting with you and other area Metropolitan Council members to discuss the Elm Creek Interceptor Sewer project, the Cluster Planning process, Livable Communities Act, Metro Mobility, and other current issues. City Council members were also very interested in your recent comments in the July - August issue of Council Directions pertaining to density issues and the role of Planning Commissions and City Councils in directing the density of development in communities. With all of these issues before us, it is important to exchange viewpoints and information. The Plymouth City Council can normally meet on the first and third Tuesday, or the second and fourth Monday of the month. Accordingly, I would like to propose 7:00 p.m. on Monday, August 28th for a meeting at our City Center building. Please call Kathy Lueckert, Assistant City Manager at 509-5052 or Judy McMillin, Executive Secretary at 509-5053 to let us know if you can attend on this date. We look forward to hearing from you. Sincerely, Dwigh D. Johnson City Manager We Listen • We Solve • We Care 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550-5000 CITY OF PLYMOUTFF August 3, 1995 Mary Hill Smith Metropolitan Council 230 E. Fifth Street St. Paul, MN 55101 Dear Mary: The Plymouth City Council has asked me to write to you to request a meeting with you and other area Metropolitan Council members to discuss the Elm Creek Interceptor Sewer project, the Cluster Planning process, Livable Communities Act, Metro Mobility, and other current issues. With all of these issues before us, it is important to exchange viewpoints and information. The Plymouth City Council can normally meet on the first and third Tuesday, or the second and fourth Monday of the month. Accordingly, I would like to propose 7:00 p.m. on Monday, August 28th as a meeting date at Plymouth City Center. Please call Kathy Lueckert, Assistant City Manager at 509-5052 or Judy McMillin, Executive Secretary at 509-5053 to let us know if you can attend on this date. We look forward to hearing from you. Sincerely, Dwighi D. Johnson City Manager We Listen • We Solve • We Care 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550-5000