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