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HomeMy WebLinkAboutCouncil Information Memorandum 09-09-2005CITY OF PLYMC Dummy COUNCIL INFOrib n►._..... September 9, 2005 UPCOMING MEETINGS AND EVENTS Youth Advisory Council September 12 meeting agenda ...................................................... Page 3 September, October, and November Official City Meeting Calendars ................................. Page 5 Tentative list of agenda items for future City Council meetings ........................................ Page 11 FOR INFORMATION ... News Articles, Releases, Publications, etc. Notice to Environmental Quality Committee (EQC) members of the cancellation ofthe September 14 meeting.............................................................................................. Page 12 Notice of a remembrance ceremony on September 11 at Fire Station III ........................... Page 13 Notice of a legislative community forum on health care issues ......................................... Page 14 Star Tribune "West" Edition news story on the Comprehensive Plan update meetings.............................................................................................................................. Page 15 State Fair Poll Results: Senatepoll findings................................................................................................. Page 18 Housepoll findings................................................................................................. Page 22 Bench & Bar article on the Supreme Court ruling that permits Cities to take privateland.......................................................................................................................... Page 24 Notice and registration information for the Metropolitan Council Regional Policy Initiative conference................................................................................................ Page 29 Elm Creek Watershed Management Commission notice and agenda for the September 14 meeting (note incorrect date on agenda) ...................................................... Page 33 City news Releases: City emergency preparedness plans to assist Gulf State residents if called upon by the Federal Government.............................................................. Page 36 Groundbreaking event for senior housing project at Vicksburg Crossing .............. Page 38 Water main flushing schedule................................................................................. Page 39 City cooperative program to promote literacy........................................................ Page 40 Plymouth Police Department Crime Prevention Newsletter ............................................... Page 41 Staff Reports Camelot Lake Park pedestrian crossing.............................................................................. Page 43 Landscaping for Water Quality Grant Program.................................................................. Page 48 Lawndale Lane extension/connection in Maple Grove ...................................................... Page 58 Response to City—owned park acreage inquiry................................................................... Page 61 CITY COUNCIL INFORMATION MEMO September 9, 2005 Page 2 Hennepin County Adult Correctional Facility Population Report ...................................... Page 66 Correspondence Letter to residents regarding a request for site plan amendment, conditional use permit, and variance for Westwood Engineering (2005070) ........................................ Page 67 Letter to residents regarding a request for conditional use permit for Ascension Evangelical Lutheran Church (2005098)............................................................................ Page 68 Letter to residents regarding a request for conditional use permit amendment and interim use permit for Carlson's Piano World (2005 101 .................................................... Page 69 Letter to residents regarding a request for conditional use permit for WCL Associates, Inc. (200102).................................................................................................... Page 70 Correspondence between City Manager Laurie Ahrens and Xcel Community Relations Manager Darrin Lahr regarding Xcel's franchise obligations in the community.......................................................................................................................... Page 71 YOUTH ADVISORY COUNCIL SEPTEMBER 12, 2005 7:00 PM PLYMOUTH CREEK CENTER CONFERENCE ROOM 2 1. Call to Order 2. Presentations: a) 3. Approvals: a) Agenda b) July 11 meeting minutes; August 22 retreat notes 4. City Council Update 5. Special Items: a) Plymouth on Parade participation b) Volunteer Opportunity: Holiday Bell—Ringing c) Goals and Objectives; 2005-2006 Work Plan 6. Adjournment Time Allotment 7:00 PM 7. Additional Materials: a) September, October and November 2005 Official City Meeting Calendars b) Next Meeting: September 26, 7:00 PM OFFICIAL CITY MEETINGS September 2005 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Oct 2005 S M T W T F S 1 7:00 PM HUMAN RIGHTS COMMISSION, 2 3 Aug 2005 S M T W T F S 1 Plymouth Creek Center Conference Room 2 1 2 3 4 5 6 7 8 9 10 11 12 13 2 3 4 5 6 7 8 14 15 16 17 18 19 20 9 10 11 12 13 14 15 21 22 23 24 25 26 27 16 17 18 19 20 21 22 28 29 30 31 23 24 25 26 27 28 29 30 31 4 5 6 7 8 9 10 LABOR DAY - City Offices Closed 7:00 PM SPECIAL COUNCIL MEETING: BUDGETSTUDY SESSION; Conf. Rm. 2, Plymouth Creek Center lower level 7:00 PM PLANNING COMMISSION, Black Box Theater, Plymouth Creek 11:30 AM TRANSIT STATION 73 CEREMONY Soultthe st Comer of Highway 55 and County Road 73 7:00 PM PARK & RECREATION ADVISORY COMMISSION (PRAC) Center Classroom, Plymouth Creek Center (this meeting only) 11 12 13 14 15 16 17 7:00 PM YOUTH ADVISORY COUNCIL, Plymouth Creek Center, lower level Conference Room2 6:30 PM -8:30 PM COMPREHENSIVE PLAN OPEN HOUSE, Plymouth Creek Center, Plymouth Room 8:00 PM REGULAR COUNCIL MEETING (SPECIAL START TIME THIS MEETING ONLY), Black Box Theater, Plymouth Creek Center 7:00 PM HOUSING & REDEVELOPMENT AUTHORITY (HRA), Plymouth Town Square 18 19 20 21 22 23 24 4:30 PM VICKSBURG CROSSING GROUNDBREAKING, Hwy. 55 & Vicksburg Lane 6:30 PM -8:30 PM COMPREHENSIVE PLAN OPEN HOUSE, Plymouth creek Center, Plymouth Room 7:00 PM PLANNING COMMISSION, Black Box Theater, 9:00 AM -3:30 PM PLYMOUTH CLEAN-UP DAY, Public Works Maintenance Facility Plymouth Creek Center Autumn Art Fair 10:00 AM - 5:00 PM and Plymouth on Parade 1:00 PM 25 26 27 28 29 30 7:00 PM YOUTH ADVISORY COUNCIL, Plymouth Creek Center, lower level Conference Room 2 11:45 AM PLYMOUTH BUSINESS COUNCIL, Sheraton Minneapolis West 12201 Ridgedale Drive, Minnetonka 7:00 PM PLYMOUTH ADVISORY COMMITTEE ON TRANSIT (PACT), Plymouth Creek Center 7:00 PM REGULAR CITY COUNCIL MEETING, Black Box Theater, Plymouth Creek Center modified on 9/8/2005 OFFICIAL CITY MEETINGS October 2005 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Nov 2005 1 Sep 2005 S M T W T F S S M T W T F S 1 2 3 1 2 3 4 5 4 5 6 7 8 9 10 6 7 8 9 10 11 12 11 12 13 14 15 16 17 13 14 15 16 17 18 19 18 19 20 21 22 23 24 20 21 22 23 24 25 26 25 26 27 28 29 30 27 28 29 30 2 3 4 5 6 7 8 ROSH HASHANAH BEGINS AT SUNSET 7:00 PM PLANNING COMMISSION, Black Box Theater, Plymouth Creek 7:00 PM HUMAN RIGHTS COMMISSION, Plymouth Creek Center Conference Room 2 Center 9 10 11 12 13 14 I5 PW PM ENVIRONMENTAL7:00 OUALITY COMMITTEE IEOC), Plymo°IM1 Crwk Center CNwreom A 7:00PM YOUTH ADVISORY COUNCIL, Ply—Wh Crwk 7:00 PM REGULAR CITY COUNCIL MEETING, Black Box Theater, YOM KIPPUR BEGINS AT SUNSET PM PARK & RECREATION ADVISORY COMMISSION(PRAC), Plymouth Creek Center Classroom A C..."bwr level Cenrermce Roam] Plymouth Creek Center COLUMBUS DAY (OBSERVED), PUN. Warke O'rMilan dosM 16 17 18 19 20 21 22 7:00 PM PLANNING COMMISSION, 7:00 PM HOUSING & REDEVELOPMENT AUTHORITY (HRA), Plymouth Town Square Black Box Theater, Plymouth Creek Center 23 24 25 26 27 28 29 7:00 PM -9:00 PM 7:00 PM 7:0U PM-9:OOPM COMPREHENSIVE PLAN OPEN HOUSE, Plymouth Creek Cenbr, Plymouth REGULAR CITY COUNCIL COMPREHENSME PLAN OPEN HOUSE, Plymouth Creek Cenbr, Ply—um MEETING, Black R°am 7:00 PM YOUTH ADVISORY COUNCIL, Plymouth Creak Cenbr, buret level Conlererice Room 2 Box Theater, Plymouth Creek (Venter 7:00 PM PLYMOUTH ADVISORYCOMMITTEE ON TRANSIT (PACT), Plymouel Creek Centel 30 31 DAYLIGHT SAVINGS ENDS - set clocks back 1 hour modified on 9/8/2005 -""" t OFFICIAL CITY MEETINGS November 2005 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 7:00 PM PLANNING COMMISSION, Black Box Theater, 7:00 PM HUMAN RGHTS COMMISSION, PIymouth Creek Center Conference Room 2 Plymouth Creek Center 6 7 8 9 10 11 12 7:00 PM YOUTH ADVISORY COUNCIL, Plymouth Creek Center, lower level Conference Room 2 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE (EQC), Plymouth Creek Center Classroom A 7:00 PM PARK& RECREATION ADVISORY COMMISSION (PRAC), Plymouth Classroom Center VETERANS DAY (OBSERVED), City Offices Closed 8:00 PM REGULAR COUNCIL MEETING (SPECIAL START TIME THIS MEETING ONLY), Box Theater, Plymouth Creek Center 13 14 15 16 17 18 19 7:00 PM PLANNING COMMISSION, Black Box Theater, 7:00 PM HOUSING & REDEVELOPMENT AUTHORITY (HRA), Plymouth Town Square Plymouth Creek Center 20 21 22 23 24 25 26 7:00 PM YOUTH ADVISORY COUNCIL, Plymouth Creek Center, lower level Conference Room 11:45 AM PLYMOUTH BUSINESS COUNCIL, Sheraton Minneapolis West 12201 Ridgedale Drioe,Minnetonka 7:00 PM PLYMOUTH ADVISORY COMMITTEE ON TRANSIT (PACT), Plymouth creek center City Offices closed THANKSGIVING THANKSGIVING HOLIDAY HOLIDAY 7:00 PM REGULAR CITY COUNCIL MEETING, Black Box Theater, Plymouth Creek Center 27 28 29 30 Oct 2005 Dec 2005 S M T W T F S S M T W T F S 1 1 2 3 2 3 4 5 6 7 8 4 5 6 7 8 9 10 9 10 11 12 13 14 15 11 12 13 14 15 16 17 16 17 18 19 20 21 22 18 19 20 21 22 23 24 23 24 25 26 27 28 29 25 26 27 28 29 30 31 30 31 modified on 9/8/2005 .f/ I t Tentative Schedule for City Council Agenda Items September 27, Regular, 7:00 p.m., Black Box Theater, Plymouth Creek Center lower level • Presentation of Minnesota Recreation and Parks Association Award of Excellence for Sponsorships and Partnerships • Approve variance for signage for CVS Pharmacy located at 4140 County Road 101. ICON Identity Solutions. (2005060) • Consider preliminary plat for four single—family lots for property located at 1010 Harbor Lane North. Calhoun Development. (2005078) • Approve rezoning from FRD (Future Restricted Development) to B -C (Business Campus) preliminary plat, site plan, and variances for construction of a town office condominium building at 18240 State Highway 55. Mohagen/Hansen Architectural Group. (2005086) • Approve variances to the front and rear setbacks for a six -unit townhome structure on property located at 5106-5128 Yuma Lane North. Ryland Homes. (2005090) • Consider rezoning from RSF-1 (Single Family 1) to RMF -2 (Mulitple Family 2), preliminary plat and site plan for 28 townhouse dwellings to be called "Bassett Creek Crossing" and one existing single-family dwelling on property located at 10 Zachary Lane. Charles Cudd Company. (2005093) • Approve variance for impervious surface coverage for property located at 1824 East Medicine Lake Boulevard. Tom Conn. (2005106) • Consider revised special assessment policy October 11, Regular, 7:00 p.m., Black Box Theater, Plymouth Creek Center lower level • Receive third quarter Financial Report October 25, Regular, 7:00 p.m., Black Box Theater, Plymouth Creek Center lower level November 8, Regular, 8: 00 p.m., Black Box Theater, Plymouth Creek Center lower level November 22, Regular, 7:00 p.m., Black Box Theater, Plymouth Creek Center lower level Note: Special Meeting topics have been set by Council; all other topics are tentative. r CITY Or PUMOUT4 September 7, 2005 SUBJECT: CANCELLATION NOTICE FOR EQC MEETING OF SEPT. 14, 2005 Dear EQC Members: Due to lack of sufficient agenda items, we are canceling the September 14, 2005, EQC meeting. Our next scheduled meeting will be on Monday, October 10, 2005. The following are tentative agendas for the up -coming EQC meetings: October 10, 2005: o Review of the Greenhouse Gas Project 0 2005 Plymouth Goose Management Report November 9, 2005: o Water Resources Report on Erosion Control, Drainage and Flood Projects o Storm Water Utility Incentive Programs o Recycling Study Report Regular EQC meeting packets will be sent to all members prior to the October meeting. Please let me know if you have any questions. Sincerely, �r N Shane Missaghi Water Resources Engineer cc: Councilmember Ginny Black Doran Cote, Director of Public Works Ronald S. Quanbeck, P.E. City Engineer ® PRINTED ON RECYCLED PAPER 1 '. O:\Engineering\ W TRQLTY\Agendes\2005\EQC_MtgCancellation_9_ 14_05.doc PLYMOUTH Adding Quality to Life 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000 www.d.plymouth.w.us �3 Aon I. R�981 iuq senator WON Stns Representative Please join us for a discussion on health care issues at a Sandra Fete, - i92 State Representative """" �'y Healthcare issues of families 0 mm0811V rm with special needs children Bring your concerns and ideas Tuesday, September 20, 2005 6:30 to 8:00 p.m. at the Rockford Road Community Library 6401 42nd Avenue North in Crystal 3 NAIMI (National Alliance for the"'Mentally 111) Teen mental health issues Minnesota Senior Federation The new Medicare prescription drug benefit startribune.com Close window Last update: September 6, 2005 at 12:28 PM A developing story Ben Steverman Star Tribune Published September 7, 2005 The residents of northwest Plymouth know that suburban -style development is coming to gobble up their soybean fields, horse farms and wooded estates. Some want development to come quickly so they can sell their land for a profit and get out of the way of traffic and high property taxes. Others wish developers would stay away as long as possible. About 3.7 square miles of rolling countryside in Plymouth -- more than a tenth of the city -- currently remains off limits to development and cut off from sewer and water service. The city planned it that way, but with much of the rest of Plymouth quickly filling up with new subdivisions, the city seems likely to let development move into the area soon. Meetings starting next week will let residents weigh in on what development should look like and how quickly it should come. Many, like Mary Jo Lush and her family, bought land as an investment, knowing development was coming. "It wasn't going to be something we were going to hang onto forever," said Lush, who bought the home on 10 acres with her husband three years ago. On the other hand, she would like to stay until her youngest children graduate from high school so they have the chance to grow up in such a beautiful spot. Brady O'Brien, who lives farther east, is eager to sell. His "little hobby farm," where he has lived for 18 years, is still off limits to development, but just down Vicksburg Lane from him, a developer was allowed to build a large residential development. "I have to listen to bulldozers all day long," O'Brien said. "It's awful. You don't know how quiet it used to be here." He won't sell his land until it's rezoned, because he said he doesn't want to miss out on the full value of the property Planning for change It could be 2008 before property like O'Brien's is officially open for development. It will take Plymouth that long to go through the complicated process of updating its comprehensive plan, a document that will guide development for the next 10 years. Every other west suburban city will soon be in the same position as Plymouth. The Metropolitan Council requires all metro -area cities to update their comprehensive plans by 2008. The plans not only lay out how land will be developed, but also how each city will provide utilities, transportation and parks to its residents. Plymouth has started early to get lots of public input, especially on the future of its northwest area. Right now, the plan for the northwest area is an "open book," community development director Anne Hurlburt said. Though full-fledged development may be years away, residents already complain that suburbia is encroaching on their quiet corner of Plymouth. They report increased traffic on the area's few roads. Development to the north in Maple Grove may be to blame; another factor might be commuters who use local roads rather than interstate highways. Suzanne Rooney stopped boarding horses at her property on County Road 47 because it was no longer safe to ride them along the road, she said. "It's not the peaceful place it used to be," she said. Property taxes are another concern. As developers have bought up tracts of land, property values, thus property taxes, have gone up. The Silver Buckle Saddle Club on County Road 47 is a nonprofit operation that uses horse shows throughout the summer to pay its bills. The club's property taxes have tripled in the last few years and the club, one of the last of its kind in the metro area, had to come up with offbeat solutions like corporate sponsorships,to make ends meet, according to its vice president, Jim Kukral. "We're getting squeezed," he said, but the club will fight to hold on to its land. "We're not going to go away easily," he said. The pressure to develop is not all bad, said Vern Dotseth, who has lived on Vicksburg Lane since 1963. Development in the rest of Plymouth makes life more convenient, especially for getting gas, groceries and other necessities. It's inevitable He's philosophical about development: "It's bound to come eventually," he said. "You're not going to stop it, so you have to live with it." The open houses Sept. 15 and Sept. 20, followed by more formal meetings later this fall, are designed to make "living with it" as pleasant as possible. Mayor Judy Johnson said she'll be listening closely to what residents want. Lush, for one, would like to make sure developers keep some of the area's natural beauty. "You'd hate to see it all plowed down and leveled and put into townhouses," she said. At least some land will be set aside for parks and open space, and regulations require that developers protect the many wetlands that dot the area. Rooney said she wishes the city would "think outside the box." No more subdivisions of "big McMansions," she said. She would like some high-density development within walking distance of stores, she said -- "someplace that is ecological to live and you don't necessarily need cars." But then there are residents like O'Brien, who said he doesn't care what sort of development comes, because he and his seven horses won't be sticking around. V. "It's not what I moved here for," O'Brien said. - TO HAVE YOUR SAY WHAT: Meetings to discuss the future of Plymouth's northwest area WHEN: 6:30 to 8:30 p.m. on Sept. 15 and 20 WHERE: Plymouth Creek Center, 14800 34th Av. N. FOR MORE: Call 763-509-5000 or go to www.ci.plymouth.mn.us. Contact the writer at 612-673-7168 or bsteverman(a(i�startribune.com. 17 Minnesota State Senate 2005 State Fair PoH Respondents should be of voting age. Please mark one answer per question. 4820 Total Respondents Demographics Male 50% (2413) Female 48.5% (2340) No answer 1.5% (67) Minneapolis/St. Paul 34.3% (1654) Rural 15.7% (755) Suburban 43.8% (2113) Regional hub (Rochester, Duluth, etc.) 4.3% (208) Another state .4% (19) No answer 1.5% (71) Age: 18-35 19.5% (939) 36-54 38.7% (1865) 55-64 24.2% (1168) 65 and older 15.2% (734) No answer 2.4% (114) Party Affiliation: DFL Party 41.6% (2008) Republican Party 19.5% (938) Independence Party 2.3% (110) Green Party 1.4% (66) Independent or other 17.8% (858) No comment 17.4% (840) In an attempt to solve the budget impasse, two proposals to raise revenue were seriously considered. These were a state run casino at Canterbury Park, and a tax increase on married couples having taxable incomes over $250,000 and single taxpayers with taxable income over $166,000. Which of the following best represents your thoughts? I support both of these ideas. 22.2% (1068) I only support a state run casino at Canterbury Park. 16.8%(808) I only support raising income taxes on upper income Minnesotans. 43.9% (2116) I don't support either. 13.9%(670) Undecided/No opinion. 3.3% (158) H 2. Currently, most of Minnesota's electricity is generated by burning coal and by nuclear power. Do you support a law to require utilities to generate at least 20 percent of their electricity by the year 2020 from renewable sources like wind power? Yes, regardless of the cost. 46.2% (2226) Yes, if the increased cost on my utility bill is minimal. 35.2% (1695) No. 12.0%(579) Undecided/No opinion. 6.6% (320) 3. Do you think the new charge on tobacco products is a fee or a tax? Do you support the fee/tax? I believe it is a fee and support it 13.5%(652) I believe it is a tax and support it. 56.6% (2730) I believe it is a fee and do not support it. 3.2% (156) I believe it is a tax and do not support it. 21.9% (1053) Undecided/ No opinion. 4.8% (129) 4. Would you support a constitutional amendment adopting initiative and referendum, which allows the electorate by petition to place issues on the general election ballot? Yes. No. Undecided/ No opinion. 47.0% (2266) 37.5% (1805) 15.5%(749) 5. Some legislators and interest groups have suggested that several issues that require immediate attention (i.e. transportation needs, stadiums, hospital construction siting, pension reform, etc.) were left unresolved this year. Do you believe the governor should call a special session this fall to deal with these issues? Yes. No. Undecided/ No opinion. 37.1% (1788) 55.6% (2679) 7.3% (353) 6. The current proposal for financing a new Minnesota Twins stadium relies on adding .015 percent ( 3 cents on 20 dollars) to the sales tax in Hennepin County. The amount raised by the sales tax increase would be approximately $300 million. The Twins organization would contribute $125 million. There would be no contribution from the state. The Hennepin County Board has requested a waiver from the requirement of a referendum or public vote on the tax increase. Which of the following best represents your thoughts? I approve of the proposal with no referendum of Hennepin County voters. 23.2% (1118) 11 I approve of the proposal, but only with a referendum of Hennepin County voters. 24.2% (1165) I don't approve of this proposal, but support using tax dollars to finance a new Twins stadium. 3.0% (146) I don't approve of this proposal and do not believe tax dollars should be used to finance a new Twins stadium. 43.0% (2068) Undecided/No opinion. 6.7% (323) 7. Every state has a different budget process. For example, if a budget is not passed by July 1 s` in Wisconsin, the current budget remains unchanged and funding continues on a month -by -month basis. In Minnesota, government services shut down if a new budget is not approved by June 30th. Should the Minnesota Legislature enact a change in the budget process to avoid a government shutdown in the event of a budget deadlock? No. Continue to require budgets to be completed or risk shutdown. 31.5% (1517) Yes. Change state law. If no budget is passed, appropriations continue month by month in the same amounts as the previous budget, until a new agreement is reached. 61.2% (2948) Undecided/ No opinion. 7.4% (349) 8. The city of Minneapolis operates a system of cameras, sometimes called "photo - cops," posted at accident-prone intersections. The cameras photograph vehicles that enter the intersection when the traffic light is red. A traffic ticket is issued by mail to the registered owner of the vehicle. How do you view this type of system? Issuing any traffic tickets based on photo -cop evidence should be prohibited by state law. 20.4% (984) I support allowing cities statewide to use this system to fine red-light runners, but only if the actual driver, not the vehicle owner is fined. 38.4% (1852) I support allowing cities statewide to use this system as is. 19.2% (925) I support the use of this system statewide, along with an expansion to include other violations, such as speeding, equipment violations (i.e. broken taillights) and expired license tabs. 13.7% (661) Undecided/ No opinion. KI; 7.4% (398) 9. Should Minnesota opt out of current testing and school accountability requirements of the federal No Child Left Behind Act, whether or not the state loses some federal education funds as a consequence? Yes. No. Undecided/No opinion 46.6% (2246) 32.8% (1582) 20.6% (992) 10. Would you support a constitutional amendment to dedicate a portion of state sales tax revenue for the protection and improvement of fish, wildlife, water, and cultural resources? Yes, for all of the purposes listed. 45.1% (2174) Yes, for fish, wildlife, and water resource protection and improvement only. 14.2% (684) Yes, for fish and wildlife resource protection and improvement only. 2.5% (122) No, I would not support a constitutional amendment dedicating revenue for any of the purposes listed. 27.7% (1337) Undecided/ No opinion 10.5% (503) 11. Which of the following best reflects your opinion concerning the level of state government services in Minnesota? I am satisfied with the type and amount of services provided. 33.1% (1595) I feel that state government provides more services than necessary. 24.4% (1175) I feel government services should be increased. 30.8% (1487) Undecided/No opinion. 11.7%(563) 12. Which of the following best reflects your opinion concerning the level of state government regulation in Minnesota? I am satisfied with the type and amount of state government regulation. 37.9% (1828) I feel that there is too much state government regulation. 33.7% (1623) I feel that there should be more government regulation. 12.1%(585) Undecided/No opinion. PLEASE NOTE: 16.3%(784) If a question was left blank we categorized it as Undecided/No Opinion or no comment. PUBLIC INFORMATION SERVICES 175 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. St. Paul, MN 55155 (651) 296-2146 (800) 657-3550 Fax: (651) 297-8135 FOR IMMEDIATE RELEASE Date: Sept. 6, 2005 Contact: Lee Ann Schutz (651) 296-0337 leeann.schutz @ house.mn ;u;�m -FT}I q Minnesota House of Representatives °`w?' .. • o5G Steve Sviggum, Speaker � �8 2005 State Fair Poll Results `No ' to special session for stadiums Nearly 70 percent of those participating in the 2005 House of Representatives State Fair Poll do not believe that a special session should be called this year to deal with stadium issues for the Minnesota Twins, Minnesota Vikings and/or the University of Minnesota. During the 12 -day run of the Minnesota State Fair, a total of 8,822 fairgoers took the poll conducted by the nonpartisan House Public Information Services Office. It is an informal, unscientific survey on a number of issues discussed in prior legislative sessions and may again be topics of discussion. There were four more ballots cast this year than in 2004. Results show that 81.1 percent of polltakers believe residents should have a say when a city or county wants to raise its local sales tax for whatever purpose. The Hennepin County Board has proposed paying the county's share of a new Twins ballpark on the edge of downtown Minneapolis through a countywide sales tax increase of 0.15 percent without a voter referendum. Voters also strongly support dedicated funding to clean up polluted waters, believe that at least one-half the members in the House and Senate should be up for election every two 1. Should the governor call a special session this year for stadium issues? Yes..............................................25.6%................... (2,244) No...............................................69.3%................... (6,082) Undecided/No Opinion .............. 5.1% ........................ (449) 2. Should a city or county be able to increase its local sales tax for whatever purpose without voter approval? Yes..............................................14.5%................... (1,268) No............................................... 81.1% .................... (7,113) Undecided/No Opinion..............4.5%........................ (392) 3. Should Minnesota dedicate up to one-half of 1 percent in state sales taxes to cleaning up polluted waters? Yes..............................................73.8%................... (6,466) No...............................................16.4%................... (1,436) Undecided/No Opinion .............. 9.8% ........................ (854) years and most would be willing to pay a fee on electronics purchases to fund a statewide electronics recycling program. Slightly more than half of voters generally support increasing the state's gas tax to support road and bridge funding. When it comes to gambling, an oft -discussed budget tool in the 2005 legislative session, 47.4 percent of voting fairgoers oppose the so-called "racino" at Canterbury Park and 44.8 percent support the plan. More than 62 percent of voters oppose the idea of a state-run casino at Minneapolis - St. Paul International Airport. The majority of voters also believe that when no legal directive is provided, the state should not presume that a person wants a feeding tube inserted to sustain life; ticket scalping should not be legalized; and capital punishment should not be reinstated. More than 63 percent of ballot casters believe co - curricular school activities should remain the responsibility of the school district, not local govermnents. Here's a look at the questions and results. 4. In general, do you support increasing the gas tax to fund road and bridge projects? Yes..............................................53.6%................... (4,698) No...............................................38.8%................... (3,397) Undecided/No Opinion .............. 7.6% ........................ (662) 5. Should capital punishment be reinstated in Minnesota? Yes.............................................. 36.7%....................(3,211) No...............................................56.5%................... (4,947) Undecided/No Opinion .............. 6.8% ........................ (595) 6. Should ticket scalping -- reselling an event admission at more than face value -- be legalized? Yes..............................................31.3%................... (2,745) No...............................................57.5%................... (5,038) Undecided/No Opinion ..............11.1 % ...................... (975) 7. Do you support a state -operated casino at Minneapolis - St. Paul International Airport with admittance limited to ticketed passengers at least 18 years old? Yes..............................................31.6%................... (2,770) No...............................................62.8%................... (5,503) Undecided/No Opinion..............5.5%........................ (485) 8. Should lawmakers approve the so-called "racino" at Canterbury Park if the state receives a portion of the profits? Yes..............................................44.8%................... (3,913) No...............................................47.4%................... (4,143) Undecided/No Opinion .............. 7.8% ........................ (686) 9. Should the responsibilities for the non -curricular athletic and fine arts activities of high school students be transferred from school districts to local governments in order to allow school districts to focus on delivering academic services? Yes..............................................21.2%................... (1,851) No...............................................63.4%................... (5,523) Undecided/No Opinion..............15.3%................... (1,337) 10. Would you be willing to pay a fee on electronics purchases that would be used to fund a statewide recy- cling system for electronics components? Yes..............................................58.9%................... (5,142) No...............................................33.4%................... (2,915) Undecided/No Opinion..............7.8%........................ (678) 11. When no legal directive is provided, should it be presumed under state law that a person wants a feeding tube inserted to sustain life? Yes..............................................22.5%................... (1,957) No...............................................64.5%................... (5,619) Undecided/No Opinion..............13.0%................... (1,137) 12. Should House and Senate terms be staggered so that at least one-half the members of each body are up for election every two years? Yes..............................................68.0%................... (5,926) No...............................................16.6%................... (1,452) Undecided/No Opinion..............15.3%................... (1,331) 13. What is your favorite state fair attraction? Animal barns..............................12.9%................... (1,064) Food...........................................36.6%................... (3,023) Grandstand shows......................1.9%........................ (153) Machinery Hill...........................4.2%........................ (345) Midway......................................1.4%.........................(113) People-watching.........................31.6%................... (2,607) This poll.....................................11.5%...................... (950) -30- Note: All percentages are rounded to the nearest one-tenth. Totals are for those that actually voted on the question. The Minnesota Ilouse of Representatives' survey is informal and unscientific. It is simply a measurement of the opinions expressed by those who took the time to complete the poll while visiting our booth at the fair. Our main purpose in conducting this opinion poll was to familiarize fairgoers with some of the issues that have recently been discussed by the Legislature and issues that may be debated during the 2006 legislative session. LIMITS OF URBAN REDEVELOPMENT? Kelo, Walser, and Condemnation in Minnesota The U. S. Supreme Court decision in Ke►o v. New London reaffirms the deferential standard of review of legislative takings. Minnesota courts nevertheless are challenged to balance the benefits of redevel. opment with the private property rights of landowners. y highlighting the almost unfettered power of the government to seize a person's property, the Supreme Court's ruling in Kelo v. City of New London, 125 S. Ct. 2655 (U.S. 2005) has generated a great deal of discus- sion. The Kelo decision, however, is not a radical departure from precedent. Instead, Kelo reaffirms the deferential standard of review applied by the Court to the government's exercise of eminent domain. Nevertheless, the bare majori- ty the decision garnered — not to mention two BY JEFFREY W. POST AND MELISSA A. BAER Ai tr:r icT 7 n 1 nRcr v -u & Ren strong dissents — illustrates the inherent tension between the public's desire for urban redevelop- ment and an individual's fundamental right to have, hold and enjoy property. The Minnesota Supreme Court's evenly divided decision in Hous. and Redev. Auth. of Richfield v. Walser Auto Sales, Inc., 641 N.W.2d 885 (Minn. 2002), demonstrates that same tension in Minnesota. BACKGROUND OF KELO By the 1990s, New London, Connecticut was suf- fering from economic stagnation. In 1990, a state "...Justice O'Connor noted that by leaving states with the ability to impose stricter limitations on the government's right to take private prop- erty by eminent domain, the majority had abdicated its responsibility." agency designated the city a "distressed municipali- ty."' Six years later, the federal government closed the Undersea Warfare Center, which had employed 1,500 people in New London, whose population was 24,000. By the late 1990s, New London's unemploy- ment rate was nearly twice the Connecticut average. In response, state and city officials targeted New London for economic revitalization. The New London Development Corporation.("NLDc" ), an.eco- nomic development corporation established by the city, created a mixed-use development plan covering 90 acres of the Fort Trumball area divided into seven parcels. The plan consisted of a hotel, museum, hous- ing, restaurants, retail shops, offices, a marina, a river - front walkway, and parking facilities. The city expected that the redevelopment project, in connec- tion with the construction of a new $300 million research facility by Pfizer Inc., would rejuvenate New London's downtown and waterfront areas and poten- tially stimulate economic growth throughout the city. In January 2000, the NLDC began purchasing the land necessary for its redevelopment project, but sev- eral owners would not sell their properties. Suzette Kelo would not agree to sell because she hail made significant improvements to her house and valued its water view. Another affected owner, Wilhelmina Derby, was bom in her house in 1918 and had lived there her entire life. None of the homes of the own- ers who refused to sell were blighted or otherwise in poor condition! Unable to purchase the homes from Ms. Kelo and eight other owners, the NLDC commenced condem- nation in November 2000. The trial court granted permanent injunctive relief to two of the owners, finding that these properties were not necessary to the development; however, the court approved the taking of the other properties. The Connecticut Supreme Court reversed the injunction and allowed all of the takings. The owners then appealed to the United States Supreme Court under the 5th Amendment of the United States Constitution. THE SUPREME COURT'S DECISION The Supreme Court's decision in Kelo has two sig- nificant components. First, the Court held that the Constitution does not preclude the government from condemning nonblighted property for private eco- nomic development. Second, the Court ruled that a condemning authority's decision to take private property is subject to de minimus review. The Court's first holding revolves around the Court's interpretation of the phrase "public use." The Takings Clause of the 5th Amendment grants the gov- ernment the power to take private property only if the taking is for a public use and the government pays just compensation.' While the Court's majority conceded that the condemned land would not — at least in its entirety — be used by the general public after rede- velopment, it circumvented this pitfall by holding that the term public use was synonymous with the term "public purpose."' In other words, if the govem- ment takes property to advance a legitimate public purpose, that taking constitutes a public use of the property. The underlying rationale for the Court's expansive interpretation of the phrase "public use" was that a broad construction was necessary "given the diverse and always evolving needs of society."' The Court held that this condemnation served a pub- lic purpose, even though private parties would ulti- mately own the condemned land, because the taking advanced the economic development of a communi- ty.' The economic development of the Fort Trumball area, if it came to fruition, was expected to generate higher tax revenues, create employment, and improve the overall aesthetics of the waterfront area. The second component of the opinion centers on the level of review that the Court applied to the con- demning authority's rationale for taking the proper- ty. The Court noted that the city's decision to create a redevelopment plan for the waterfront area is "enti- tled to our deference." The Court further stated that the "amount and character of land to be taken for the project and the need for a particular tract to complete the integrated plan rests in the discretion of the legislature."' Although the Court did not explicitly articulate a standard of review, the Court cited cases that applied the rational -basis test to the government's exercise of its condemnation powers.' The majority asserted that its ruling was a natur- al progression of the Court's prior eminent domain decisions, namely Berman v. Parker, 348 U.S. 26 (1954), and Hawaii Housing Authority v. Midkiff, 467 U.S. 229 (1984). In Berman, the Supreme Court approved the taking of private property to relieve the "urban blight" of a Washington D.C. neighbor- hood, even though one or more of the properties affected by the taking were not blighted.' Deferring to the judgment of the condemning authority, the Court found that it is often necessary to redevelop a community as a whole, instead of on a piecemeal basis. The Court also relied on the Midkiff decision, which upheld a Hawaii statute that transferred fee title to land, upon the payment of just compensa- tion, from owners to tenants in order to break up a "land oligopoly."10 Rejecting the notion that this law merely took land from one private person to give to another for her sole benefit, the Court focused on the state's purpose for the taking — to diversify land ownership in Hawaii — not its imple- mentation. To that end, the statute satisfied the public use requirement of the 5th Amendment." In this context, the majority found that because New London officials had created a comprehensive, carefully considered, redevelopment plan designed to Ai,r ?nn 1 ra icTPNrt4 T RAR 2 � "`Though citizens are safe from the govern. ment in their homes, the homes themselves are not."' revitalize their economically depressed city for the benefit of all its citizens, the taking was a valid pub- lic use under the Constitution. At least one of the justices in the majority felt that the standard of review needed to be explicitly defined. Justice Kennedy, who provided the majori- ty's critical fifth vote, emphasized in his concurrence that the rational -basis test applied to the NLDc's deci- sions regarding the condemnation." Moreover, Kennedy noted that takings that are clearly "intend- ed to confer benefits on particular, favored private entities" are forbidden even if the takings offer inci- dental or pretextual public benefits. According to Kennedy, such takings could not survive constitu- tional scrutiny even under the rational -basis test. DISSENTING OPINIONS Justice O'Connor, writing for the four dissenters, pointed out that by blurring the distinction between public and private use the majority's decision effec- tively erased the words "public use" from the Takings Clause of the 5th Amendment, therefore sweeping away the limitations the Constitution placed on the government's taking power." Consequently, all pri- vate property is now at risk of being taken by the government and given to another private owner under the guise of economic redevelopment for the construction of a newer, bigger building or facility, which ultimately may or may not benefit the pub- lic." The dissenters consider economic development takings unconstitutional for failing to be a valid pub- lic use of the condemned property. Lastly, Justice O'Connor noted that by leaving states with the abil- ity to impose stricter limitations on the government's right to take private property by eminent domain, the majority had abdicated its responsibility. Justice Thomas, in a separate dissent, initially focused on the majority's holding that public use is synonymous with public purpose. Justice Thomas noted that the term public use limits the government's condemnation powers to takings that ultimately result in the government owning the land (e.g., army base) or in the general public having the right to use the land (e.g., streets and parks)." He opined that by adopting the public -purpose test, which does not require public ownership or access, the majority effec- tively removed this constitutional restraint on the government's condemnation powers.16 Justice Thomas then focused on the level of defer- ence that the majority opinion affords the condemn- ing authority's decision. He argued that the rational - basis test, when combined with the public purpose definition of public use, effectively eliminates mean- ingful review of the government's exercise of eminent domain." Justice Thomas further noted that the Court has emphasized the sanctity of the home when reviewing whether the government may search the home, but that the Court is unwilling to engage in serious review when the government takes the home. He wrote, "Though citizens are safe from the govern- ment in their homes, the homes themselves are not."18 CONDEMNATION LAW IN MINNESOTA Minnesota condemnation law mirrors Kelo's sig- nificant holdings. Yet there are critical differences between federal and Minnesota law. The differences make it unclear whether the Minnesota Supreme Court would rule in the same manner as the United States Supreme Court given Kelo's facts. The Kelo decision does not foreclose the Minnesota Supreme Court from reaching a different result. Indeed, the Kelo majority expressly reserved the right of states to place stricter limits on condemnation: "[N]othing in our opinion precludes any state from placing further restrictions on its exercise of the takings power."" The similarities between Minnesota law and the significant Kelo holdings are obvious. When address- ing the public use requirement of a taking, the words "public purpose" are considered to be interchange- able with "public use" under Minnesota law.20 Likewise, Minnesota courts have recognized eco- nomic development as a legitimate public purpose.21 Moreover, the scope of review that Minnesota courts apply to the decisions of the condemning authority is extremely narrow, and the condemnation will be reversed only if the government's actions are "mani- festly arbitrary or unreasonable."" One major distinction between federal and Minnesota condemnation law is that under Minnesota law the condemning authority must show that the tak- ing is necessary.' A taking is necessary only if the gov- ernment intends to use the property for an identifiable public purpose "now or in the near future." Thus, the government may not stockpile property through con- demnation for future speculative use.2' In Kelo, the NLDc did not know how it was going to use a substantial portion of the condemned prop- erty. Of the 25 properties targeted for condemnation, 11 were located on a parcel whose use was not speci- fied by the NLDC's development plan." At oral argu- ment before the Supreme Court, New London con- ceded the vagueness of its plans and suggested that "the parcel might eventually be used for parking." The NLDC's opaque plan might not have passed muster in Minnesota.26 In fact, when the University of Minnesota failed to identify its planned use for a tar- geted property, the Minnesota Court of Appeals held that the University did not establish that the taking was necessary." The vitality of the necessity require- ment was recently reaffirmed by Hennepin County District Court. In Minneapolis Cmty. Dev. Agency v. Reichold, Inc., the district court ruled that, when the Minneapolis Community Development Agency ("MCDA") let the exclusive development rights granted to the proposed developer expire, the MCDA had failed to establish that the taking was necessary." Another difference between the Kelo decision and Minnesota law centers on what constitutes a suf- ficient public purpose to support an economic rede- velopment condemnation. The split Minnesota Supreme Court in Walser suggests that Minnesota might not follow the Kelo ruling, which held the tak- ing of nonblighted property for economic develop- ment constitutes a valid public purpose. The Minnesota Supreme Court's initial public purpose justification for redevelopment condemna- tions was based exclusively on the removal of blight. Requiring blight limited the type of property subject to condemnation for economic redevelopment.29 A series of subsequent cases seems to have eroded the protection afforded by the blight requirement, but the Minnesota Supreme Court has not addressed the constitutionality of a redevelopment condemnation in the absence of blight. A... .cr'nn Sl! D....-... r_ D. )_ r. .y The constitutionality of condemning land for redevelopment was first squarely addressed by the Minnesota Supreme Court in the late 1950s.30 The Court's emphasis on the removal of blight, as opposed to the economic gains occasioned by rede- velopment of the land, was motivated by the restrictions placed on eminent domain by the Minnesota Constitution." In Hous. & Redev. Auth. of St. Paul v. Greenman, 96 N.W.2d 673 (Minn. 1959), the targeted landowner argued that, because the condemned land would ultimately by trans- ferred to private parties, the condemnation was for a private purpose; not a public use as required by Minnesota Constitution.32 The Court avoided this obstacle by focusing on blight. The Court's ratio- nale for finding the taking constituted a public pur- pose was entirely based on the removal of blight, with the Court emphasizing that the "subsequent transfer of these lands to private parties is inciden- tal to the 'main public purpose."" The Minnesota Supreme Court expanded the def- inition of public purpose to include economic devel- opment when Minneapolis was assembling land for the City Center. In Minneapolis v. Wurtele, 291 N.W2d 386, 390 (Minn. 1980), the Minnesota Supreme Court found that there were two bases for finding public purpose: the area was blighted and its redevelopment would lead to substantial economic development." Although the taking was justified in part by economic development, the Court did not abandon the need to find that the targeted area or property was blighted. The Minnesota Court of Appeals ventured beyond Greenman in Mintleapolis Cmty. Dev. Agency v. Opts N.W., LLC, 582 N.W.2d 596 (Minn. App. 1998). The Opus decision involved the condemna- tion of property along Nicollet Mall in downtown Minneapolis for the construction of a Target store. None of the project goals enumerated by the Court of Appeals included the removal of blight. Instead, the court's public purpose finding was totally based on economic development. The Opus ruling appeared to abandon the blight requirement that underpinned Greenman's public purpose finding." In Walser, the Minnesota Supreme Court consid- ered the validity of the taking of a Richfield neigh- borhood comprising auto dealerships and residential properties. Richfield officials wanted to take the land so Best Buy could build its new corporate headquar- ters on the site. The Court of Appeals held that the condemning authority had established a public pur- pose because the taking served to eliminate and pre- vent blight?' The basis for the blight findings, how- ever, was remarkably weak. Basically two pieces of evidence supported the finding of blight. First, the mix of residential and business properties created haz- ardous traffic patterns. Second, the auto dealerships' buildings, although fit for continued use as dealer- ships, were not top -end commercial facilities. Given the limited evidence of blight, it is unlikely that the taking could have survived scrutiny under any analy- sis more rigorous than the rational -basis test. The Minnesota Supreme Court's hesitancy to affirm such a weak blight finding was demonstrated by its split decision in Walser. The decision of the Court of Appeals was confirmed as a result of a three -three tie, with Justice Lancaster recusing herself.17 The Walser decision seemingly represents an attempt by at least three of the justices to return to the original rationale that underpinned the public purpose finding in Greenman, the removal of blight, as opposed to the economic development rationale more recently advanced by the Court of Appeals in Opus. It is worth noting here that the United States Supreme Court opinion in Kelo conceded that none of the targeted properties were blighted.78 Nevertheless, the Court held that deference must be given to the city's conclusion that New London was economically distressed and that the takings advanced economic development of the city, a legit- imate public purpose in this context. The reservations that the Minnesota Supreme Court displayed in Walser would likely be amplified if the Court were faced with the absence of blight that presented itself in Kelo. Given the Walser split, it would not be surprising if the Minnesota Supreme Court rejected an economic development taking on public purpose grounds if the taking did not also serve to remove blight. A decision to the contrary would completely unmoor the Court's rationale for finding public purpose from its precedential anchor, the Greenman case. CONCLUSION Some Minnesota condemnations have led to sub- stantial redevelopment that has had a positive impact on the community.39 Other Minnesota con- demnations have had negative impacts primarily on minorities and the elderly." Despite the Supreme Court's decision in Kelo, the Minnesota Supreme Court still faces substantial challenges in balancing the public goal of redevelopment with the private property rights of individual citizens. ❑ "The Minnesota Supreme Court's ini. tial public purpose jus- tification ication for redevelop- ment con- demnations was based exclusively on the 'i removal of NOTES I Kelo v. City of New London, 125 S. Ct. 2655, 2658 (U.S. blight." 2005). 2 Id. at 2660. 3 U.S. Const. amend. V ("[Nlor shaU private property be taken for public use, without just compensation."). 4 Kelo at 2662-3. 5 Id. at 2662. 6 Id. at 2664-5. 7 Id. at 2668. 8 Id. at 2668 citing Haw. Hous. Auth. V. Midkiff, 467 U.S. 229, 241 (1984) and Berman v. Parker, 348 U.S. 26, 75 (1954). 9 Id., 12.5 S. Ct. at 2663 citing Berman, 348 U.S. at 31-33. 10 Id. at 2663-4 citing Midkiff 467 U.S. at 241-2. 11 Id. at 2663-4 citing Midkiff at 235. 12 Id. at 2669 (Kennedy, J., concurring). 13 Id. at 2671 (O'Connor, J., dissenting). 17 AUGUST 2005 / BENCH & BAR "...the Minnesota Supreme Court still faces substantial challenges in balancing the public goal of redevelopment with the private property rights of individual citizens." 14 Id. at 2676 ( "Nothing is to prevent the State from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory.") 15 Id. at 2679-80 (Thomas, J., dissenting). 16 Id. at 2678. 17 Id. at 2684. 18 Id. at 2685. 19 Id. at 2668. 20 Hous. & Redev. Auth. of Richfield v. Walser Auto Sales, Inc., 630 NX2d 662, 668 (Minn. App. 2001) quoting Duluth v. State, 390 N.W.2d757, 763 (Minn. 1986). 21 Minneapolis Cmty. Dev. Agency v. Opus N.W., L -C, 582 N.W.2d 596, 599-600 (Minn. App. 1998) citing Minneapolis v. Wurtele, 291 N.W.2d 386, 390 (Minn. 1980). 22 Hous. and Redev. Auth. of Minneapolis v. Minneapolis Metro. Co., 104 N.W.2d 864, 874 (Minn. 1960). 23 Univ. of Minn. v. Chicago & N.W. Transp., 552 N.W.2d 578, 580 (Minn. App. 1996). 24 Id. at 580. 25 Kelo at 2671-2 (O'Connor, J., dissenting). 26 The Connecticut Superior Court was also troubled by the lack Of necessity and enjoined the N[DC from taking several of the prop- erties. The Connecticut Supreme Court, while not overruling the Superior Court's factual findings regarding the lack of a declared use, reversed the Superior Court by requiring that the condemnee show that the taking was irrational. Kelo v. New London, 843 A. 2d 500, 572 (Conn. 2004). 27 Univ. of Minn., 552 N.W.2d at 580. 28 Minneapolis Cmty. Dev. Agency v. Reichold, Inc., No. CD 2673 (Hennepin Cry. Dist. Ct. 07/15104). See also Jeffrey W. Post is an officer at Fredrikson & Byron and has repre- sented both the govern- ment and property own- ers in condemnation Minneapolis Cmty. Dev. Agency v. Reichold, Inc., No. CD 2673 (Hennepin Cry. Dist. Ct. 05/02105). 29 A non -blighted property may be targeted for a redevelopment condemnation if it is located in a blighted area and the property's condemnation is necessary for a redevelopment plan that results in the removal of blight. Minneapolis Metro. Co., 104 N. W.2d at 875. 30 Hous. & Redev. Auth. of St. Paul v. Greenman, 96 N.W.2d 673 (Minn. 1959). 31 Minn. Const., art. 1 §13 ("Private property shall not be taken, destroyed or damaged for public use without just compensa- tion therefor, first paid or secured."). 32 Greenman, 96 N. W.2d at 702-3. 33 Id., 96 N. W.2d at 680; see also Port. Auth. of St. Paul v. Groppoli, 202 N.W. 2d 371, 374-5 (Minn. 1972). 34 Minneapolis v. Wurtele, 291 N.W.2d 386, 390 (Minn. 1980). 35 Minneapolis Cmty. Dev. Agency v. Opus N.W., LLC, 582 N.W.2d 596, 599-600 (Minn. App. 1998). 36 Hous. & Redev. Auth. of Richfield v. Walser Auto Sales, Inc., 630N.W.2d662, 669 (Minn. App. 2001). 37 Hous. and Redev. Auth. of Richfield v. Walser Auto Sales, Inc., 641 N.W.2d885, 891 (Minn. 2002). 38 Kelo, 125 S. Ct. at 2660 39 Terry Fiedler, "Target, Allies Fill Up Office Space," Minneapolis Star Tribune, 07/08/05, at DI (noting the positive impact that keeping the Target headquarters has had on the down- town Minneapolis real-estate market). 40 Kelo, 125 S. Ct. at 2687 (Thomas, J., dissenting) (noting the severe impact of condemnations in the 1950s and 1960s on St. Paul's minority neighborhoods). 18 AUGUST 2005 / BENCH & BAR a' Melissa A. Baer, a lawyer at Lindquist & estate law. She repre sents developers and Metropolitan Council Building communities that work September 8, 2005 '. Dear Regional Leader: °r M4• / The Regional Policy Initiative conference previously scheduled for Septe er 7, 2005 has been moved to Wednesday, October 26, 2005. The postponement was rompted by a scheduling conflict by our keynote speaker David Brooks. The Metropolitan Council, the Humphrey Institute of Public Affairs of the University of Minnesota and The McKnight Foundation are convening the conference. This half-day conference entitled "The Developing Edge: Managing the Transitions" will focus on the development issues faced by communities—developing suburbs, rural communities and exurban communities --in the path of growth. This conference builds on the discussion at the first regional policy conference held in May 2004 on overall growth issues in the Twin Cities region. New York Times columnist David Brooks will keynote the event. Brooks is the author of On Paradise Drive (May 2004), a book that focuses on life in developing -edge suburbs. He argues that new suburbs "are not the boring and conformist cul-de-sacs of popular repute but places where venerable and vibrant American traditions have taken root and flourished." Brooks is also a weekly guest on public television's "NewsHour with Jim Lehrer" and a regular commentator on National Public Radio. The conference will also feature three panels of local officials. One will focus on issues of fast growing suburbs. A second will highlight the issues confronting rural communities. The final panel will focus on growth in the Adjacent Counties. Each panel will spend 15 minutes to summarize their experience and key points regarding growth pressures and accommodating new development. An interactive audience discussion with the panels will follow. A cross-section of regional and local leaders—Metropolitan Council members, local and county officials, state government officials, business leaders, community organization leaders and university faculty—will attend. The conference will be held at the Continuing Education Center on the University of Minnesota's St. Paul Campus. The conference agenda, a map showing the location of the conference including parking information, and a fax -back response form are enclosed. Since space is limited, please respond with the fax -back form or call or email Marit Enerson at menersonaa,hhh.umn.edu or (612)625-8575 no later than October 19. Best Regards, Metropolitan Council Humphrey Institute The McKnight Foundation www.metrocouncil.org Metro Info Line 602-1888 230 East Fifth Street - St. Paul, Minnesota 55101-1626 - (651) 602-1000 - Fax 602-1550 - TTY 291-0904 Regional Policy Initiative Conference #2 The Developing Edge: Managing the Transitions October 26, 2005 7:30 AM to 12 Noon AGENDA 7:30 AM Registration and Continental Breakfast 8:00 AM Welcome and Introductions, Peggy J. Birk, Interim President McKnight Foundation and J. Brian Atwood, Dean, Humphrey Institute of Public Affairs 8:15 AM Keynote David Brooks "Suburban Growth -- A National Perspective" 9:00 AM Introduction, Panel Discussions, Peter Bell, Chair of the ?Metropolitan Council The Developing Edge—Managing the Transitions 9:05 AM Discussion Panel #1: Today's Developing Suburbs Overview presentation: Bryan Schafer, Community Development Director, City of Blaine Participating Panelists: ■ Patrick Trudgeon, Community Development Director, City of Ramsey ■ Dave Olson, Community Development Director, City of Lakeville Audience discussion with panelists 9:45 AM Break 10:00 AM Discussion Panel #2: Rural Communities in the Path of Development Overview presentation: Corey Behrendt, Chair Planning Commission, Eureka Township Participating Panelists: ■ Leslie Vermillion, Director of Public Works, Scott County ■ David Engstrom, Mayor, City of Afton Audience discussion with panelists 10:45 AM Discussion Panel #3: Communities in the Adjacent Counties Overview Presentation: Alan Cottingham, Planning Director, City of North Branch Participating Panelists: ■ Denny Darnold, Community Development Director City of Hudson, Wisconsin • Nancy Spooner -Mueller, Director of Planning, Winona County (formerly Planner - Zoning Administrator, Goodhue County) ■ Marc Weigle, Community Development Director, City of St. Michael Audience discussion with panelists 11:30 AM Observations and Summary: David Brooks and Peter Bell 11:50 AM Wrap Up: What's next? 12:00 Noon Adjournment REGIONAL POLICY INITITATIVE CONFERENCE Continuing Education and Conference Center 1890 Buford Avenue University of Minnesota, St. Paul Campus October 26, 2005 Fax -Back Response Form 612-626-9833 Yes, I plan to attend the Regional Policy Initiative Conference on October 26, 2005 No,'I do not plan to attend Name Title Organization Address City/State/Zip Phone Fax E-mail It is important to fill out all the information. Please RSVP to Marit Enerson no later than October 19, 2005 Fax: 612-626-9833 Phone: 612-625-8575 E-mail: menerson(a)hhh.umn.edu 31 Directions Continuing Education and Conference Center Driving directions and map to the Continuing Education and Conference Center From I-694 take 35W south to the Cleveland Avenue exit (Note: exit to the left). Follow Cleveland Avenue to Larpenteur Avenue. Go east (left) on Larpenteur to Gortner, turn south (right) on Gortner and go to Buford Avenue. Turn east (left) on Buford Avenue to the parking area. From I -35W take the Highway 36 exit and turn south on Cleveland Avenue to Larpenteur Avenue. Go east (left) on Larpenteur to Gortner, turn south (right) on Gortner and go to Buford Avenue. Turn east (left) on Buford Avenue to the parking area. From downtown St. Paul: Go west on I-94 to Snelling Ave. Go north on Snelling Ave. to Larpenteur Avenue. Go west (left) on Larpenteur to Gortner, turn south (left) on Gortner and go to Buford Avenue. Turn east (left) on Buford Avenue to the parking area. From downtown Minneapolis: Go east on I-94 to MN -280, exit number 236. (Note: exit to the left). Merge onto MN -280 north. Exit at Larpenteur Ave. Take Larpenteur east (right) to Gortner (3rd traffic light). Turn south (right) on Gortner and go to Buford Avenue. Turn east (left) on Buford Avenue to the parking area. Parking Rates: S102 S104 S108 Ramp P �1 for the Summer $5 if in before 7 a.m. or after 4:30 p.m. $2.50 0-1 hours $5.00 1-2 hours $7.00 2-3 hours $8.00 3-4 hours $9.00 4-5 hours $10.00 5-6 hours $11.00 6-7 hours $12.00 daily maximum 36 36 LarpenteurAvenue ;V Como Avenue d 0 N '0 A Continuing Education St. Paul student and Conference Center W Cantor a Buford ()Wq1, y Randall Gortner ®� ( f Parking o G' Avenue—Y Ramp �, Fitch State Carter Fairgrounds M ¢ $ Commonwealth Ave, Dan Patch Avenue Como Avenue elm creek Watershed Management Commission ADMINISTRATIVE OFFICE 3235 Fembrook Lane Plymouth, MN 55447 PH: 763.553.1144 FAX: 763.553.9326 e-mail: judie@jass.biz September 1, 2005 Representatives Elm Creek Watershed Management Commission Hennepin County, MN Dear Representatives: TECHNICAL OFFICE Hennepin County DES 417 North 5th Street Minneapolis, MN 55401-1397 PH: 612.596.1171 FAX: 612.348.8532 e-mail: Ali.Durgunoglu@co.hennepin.mn.us A regular meeting of the Elm Creek Watershed Management Commission will be held on Wednesday, September 14, 2005 at 11:30 a.m. in the Emergency Operations Center (downstairs) at Maple Grove City Hall, 12800 Arbor Lakes Parkway, Maple Grove, MN. The regular meeting will be preceded at 10:00 a.m. by a study session to 1) review and consider the Commission's fee schedule and 2) update its wetland monitoring requirements. Please use the FAX response below to confirm whether you or your Alternate will be attending this meeting. Or e- mail your attendance to judie(iDiass.biz . Thank you. Regards, Judie A. Anderson Executive Secretary JAA:tim Encls Encls: Meeting Packet cc: Alternates HCES BWSR MPCA John Barten TAC Met Council DNR Joel Jamnik Clerks Crow River News Please return to FAX number 763/553-9326. No cover sheet is required.) ❑ I will ❑ No one from our community will (please check one) be attending the work session at 10:00 am on Wednesday, September 14, 2005. ❑ I will ❑ No one from our community will (please check one) be attending the regular meeting at 11:30 am on Wednesday, September 14, 2005. Signed BEIm noticempd CHAMPLIN- CORCORAN- DAYTON - HASSAN- MAPLEGROVE- MEDINA- PLYMOUTH - ROGERS WE elm creek Watershed Management Commission ADMINISTRATIVE OFFICE TECHNICAL OFFICE 3235 Fernbrook Lane Hennepin County DES Plymouth, MN 55447 417 North 5th Street PH: 763.553.1144 Minneapolis, MN 55401-1397 FAX: 763.553.9326 PH: 612.596.1171 e-mail: JudieQass.biz FAX: 612.348.8532 e-mail: All.Durgunoglu@co.hennepin.mn.us AGENDA September 8, 2005 1. Call to Order. 2. Approve Agenda. 3. Consent Agenda. a. Minutes of August Meeting.* b. Treasurer's Report and Claims.** 4. Action Items. a. Project Reviews - see page 2. b. River Watch Agreement.* 5. New Business. a. Correspondence. 1) Friends of Elm Creek.* b. Channel Study. 1) August update.* C. Project Review Fees .** Study session is scheduled for 10:00 a.m., prior to the regular meeting. 6. Old Business. 7. Project Reviews - see page 2. 8. Other Business. 9. Adjournment. in meeting packet 34- available at meeting CHAMPLIN - CORCORAN - DAYTON - HASSAN - MAPLE GROVE - MEDINA - PLYMOUTH - ROGERS 7. Project Reviews. (Also see Status Report.*) A = Action item E = enclosure provided R = will be removed a. 2001-013 The Preserve and Hidden Oaks at Elm Creek WCA application, Champlin. b. 2003-053 Weber WCA Violation, Hassan. C. 2004-001 Three Rivers Estates, Hassan. d. 2004-042 Northdale Blvd., James Road Utility Project, Hassan e. 2004-046 Maple Creek Restoration, Maple Grove. E f. 2004-050 Walgreen's, Maple Grove. g. 2004-054 City County Federal Credit Union, Maple Grove. h. 2004-078 Hedgestone, Corcoran. i. 2005-008 Ace Retail/Medina Retail Phase 2, Medina. j. 2005-012 Fieldstone Meadows, Maple Grove. k. 2005-018 Fieldstone 6' Addition, Maple Grove. E 1.2005-027 The Grove/Rupert Property, Maple Grove. E m. 2005-036 Medina Retail, Medina. E n 2005-038 Jubert Lake WCA - Saari Property, Corcoran. o. 2005-039 Minnesota RV, Dayton. P. 2005-042 Tollefson Concept Plan, Maple Grove A E q. 2005-046 Maple Creek Estates North, Maple Grove. r. 2005-047 Rush Creek Meadows, Corcoran. E S. 2005-048 Rogers Marketplace, Rogers. E t. 2005-050 South Teal Crossing, Maple Grove. U. 2005-051 Johnson's Grove, Maple Grove. V. 2005-053 Lakes Area Realty Parcel, Corcoran. W. 2005-054 Industrial Boulevard Extension, Rogers. E X. 2005-055 White Oak Acres, Maple Grove. Y. 2005-056 Russell and Diana Straate, Medina. Z. 2005-057 Maria Meadows, Hassan. aa. 2005-058 Diamond Lake Village, Rogers. ab. 2005-064 Spring Meadow Estates, Corcoran. ac. 2005-065 Timbers at Elm Creek EAW, Maple Grove. ad. 2005-066 Country Meadows, Hassan. ae. 2005-067 Muddy Paws PUD, Maple Grove. E a£ 2005-068 Carefree Storage Center, Rogers. E ag. 2005-069 Dunlavin Woods Pedestrian Trail/Bridge, Maple Grove, ah. 2005-070 CSAH 116/ CSAH 10, Corcoran. ai. 2005-071 Schober Estates, Maple Grove. E aj. 2005-072 Nystrom Meadows, Corcoran. E ak. 2005-073 Murray/Hodgin Concept Plan, Corcoran. al. am. an. an. ap. aq. at. as. at. an. ay. aw. City of Plymouth News Release For Immediate Release September 8, 2005 Contact: Laurie Ahrens, 763.509.5052 Judy Johnson, 763-509-5007 City of Plymouth Ready to Respond if Called to Aid with Hurricane Relief Just as the state of Minnesota has made preparations to house Gulf State residents affected by Hurricane Katrina, the City of Plymouth is also preparing to help if called upon by federal officials. Answering a call by Governor Tim Pawlenty, Plymouth city officials have been collecting information on housing and job availability in the community. In addition, Plymouth firefighters helped with a regional collection of supplies and donations. Other Plymouth public safety officials are prepared to head south if needed. "As victims of Hurricane Katrina are relocated to Minnesota, cities will be key players in those efforts. Those left homeless and jobless by the hurricane and flooding will live and work in our communities. Plymouth is definitely part of the efforts to help them rebuild their lives," said Mayor Judy Johnson. Already City of Plymouth housing officials have conducted an inventory of apartment vacancies in Plymouth as well as talked with the Twin West Chamber of Commerce about short-term and long-term jobs that may be available when hurricane victims are relocated to Minnesota. Local government staff members have also been in touch with area human service agencies. Eight Plymouth firefighters helped collect donations and supplies at HOM Furniture as part of a regional relief effort during the past few days. In addition, the Police and Fire Departments have police officers and firefighters prepared to go to the Gulf States if called upon. As president of the League of Minnesota Cities, Plymouth Mayor Judy Johnson has also been active in getting information to cities throughout the state about how they can be ready to help when called upon. City staff members have fielded many calls from concerned residents wondering how they can help. As requested by state and federal officials, the City has been referring callers to United Way's First Call for Help 211 Service as well as the Federal Emergency Management web site, www.fema.gov. The FEMA web site lists reputable organizations such as the Red Cross, Salvation Army and United Way that are heading up relief efforts. "People want to help, but it's essential that those efforts be coordinated. If they are haphazard, relief efforts become confused, inefficient and, sadly, ineffective. While we're not collecting supplies on our own, we want to get those people with supplies, skills and housing in touch with the agencies that are charged with heading up the efforts," Johnson said. "We're also prepared to send Plymouth City staff to the affected states if called upon by federal or state officials. Like so many others, we want to help our fellow citizens who have suffered such devastating losses," said Johnson. City of Plymouth News Advisory For Immediate Release Plymouth Officials to Break Ground on September 19 for New Senior Apartment Building, Vicksburg Crossing Contact: Plymouth Housing Program Manager Jim Barnes, 763-509-5412 What: Groundbreaking for Vicksburg Crossing, a 96 -unit apartment complex being planned by the Plymouth Housing and Redevelopment Authority. When: Monday, September 19, 4:30 p.m. Where: 3155 Vicksburg Lane, Plymouth (Southwest Corner of Highway 55 and Vicksburg Lane) Who: Plymouth Housing and Redevelopment Authority and City Officials Background: The Plymouth Housing and Redevelopment Authority (HRA) is building a new 96 - unit apartment project at the southwest corner of Hwy. 55 and Vicksburg Ln. The four-story building, called Vicksburg Crossing, is expected to be finished in the fall of 2006. The $11.7 million dollar HRA project is part of the redevelopment of the Dana -Spicer site. In addition to Vicksburg Crossing, a private developer is building The Shops at Plymouth Creek on the same corner. The Shops at Plymouth Creek will include several major retailers, including Lowe's Home Improvement, Walgreens, Michael's Arts & Crafts and M&I Bank. Vicksburg Crossing will include a mix of one -bedroom, one -bedroom plus den and two-bedroom units. The project will include both market rate units and affordable units. Thirty-five percent of Vicksburg Crossing's units will be set at an amount that is affordable to households that earn less than 50% of the area's median income. All affordable units will be one -bedrooms. City of Plymouth News Release For Immediate Release September 9, 2005, 2005 Contact: Brian Young, 763-509-5992 City of Plymouth Water Crews to Flush Water Mains City of Plymouth workers will flush water mains in September and October on the following schedule. • Industrial areas, both sides of I-494, south of Hwy. 55: Sept. 26 - 28. • Residential areas, west of I-494, except Camelot: Sept. 27 — Oct.14. • Residential areas, east of I-494, and Camelot: Oct. 17 - 28. Your water could be discolored throughout this time, but it is more likely on the day crews flush your area. Please avoid doing laundry on that day. If you have discolored water, let your outdoor water faucet run until the water is clear. To find out which day your area will be flushed, call 763-509-5950 after Sept. 15. 31 City of Plymouth News Release FOR IMMEDIATE RELEASE CONTACT: Sara Cwayna, 763-509-5198 September 2005 Sgt. Curtis Smith, 763-509-5191 The Plymouth Crime and Fire Fund Teams Up with Plymouth Fire and Police Departments to Promote Literacy and Make Reading Fun. "Children who read well do better in all aspects of schooling and beyond," said Corky Ornburg, Plymouth Crime and Fire Prevention Fund (PC&FPF) Board Member and retired teacher from the Wayzata School District. "Reading is the foundation for learning. Role models who are good at storytelling can make reading magical for kids. We hope to inspire students to imagine the possibilities," said Ornburg. "We've been working on this literacy project for over year and are thrilled to make it happen". The Plymouth Crime and Fire Prevention Fund is a non-profit, all volunteer organization that was established by residents and business owners in 1977. The Fund's mission is to work with the Plymouth Police and Fire Departments to identify and develop new initiatives, support ongoing programs, and purchase state -of -the art equipment that reduces crime and enhances safety in our community. The PC&FPF had two miniature bookmobiles built -one in the shape of a squad car and one in the shape of a fire truck. Kids can climb into the custom bookmobiles, pick out a special book on safety, work on an activity sheets, or watch a video. Police officers and firefighters hope to visit classrooms during the school year to read to kids while the traveling bookmobile is at their school. "By making reading fun, we hope to inspire kids to read and teach them about safety at the same time," said Police Chief Mike Goldstein. "This is a win-win project. Kids get excited about reading in the fire truck and squad car and firefighters and police officers axe positive role models in the classroom," said Fire Chief Richard Kline. To learn more about the Plymouth Crime and Fire Prevention Fund or to make a tax-deductible donation, please call 763-509-5198. Crime PreventionNewsletterv Plymouth, MN Volume 2 Number 4 Think Before You Give: Charitable Giving Scams In the wake of Hurricane Katrina, many Americans want to help the victims of this devastating natural disaster. Many people have already generously donated much needed money and necessities. Many more people will donate in the coming days and months. However, not all of the donations made will make it to hurricane victims. In times of crisis, many criminals also take advantage of the generosity and goodwill of our citizens to line their own pockets or steal personal identities. Many fraudulent scams typically arrive via mass email mailings. The fraudulent organizations usually have names very similar to reputable organizations. The solicitation is designed have individual donate by using their credit card, thus obtaining personal and credit card information. Some of the fraudulent mailings may also contain hidden viruses, Trojan horses, Spy Ware, or other malicious code designed to obtain information off the individual's computer needed for identity theft. Always be careful in making donations, especially on-line. Do not feel pressured to give without further research into the organization. Reputable organizations will still need the donations in the next days, weeks, even months to come. Things to remember are: ✓ How experienced is the organization in carrying out relief efforts? Many new charities may have good intentions, but may not be able to effectively get the assistance to those who need it. ✓ Know exactly where your donation is going and what it will be used for. Where will excess donations go to after the charity ends its relief involvement? ✓ Make donations by check or money order made out to the organization. Do not give cash and do not make your check out to the individual who is collecting on behalf of the organization. ✓ Be careful about donating in response to unsolicited phone or email requests. Do not give out credit card information over the phone or via email in response to these requests. Ask for written information about the charity and it's financial statements. To fmd out more about the Standard of Charity Accountability, see the Better Business Website www. ive.org. ✓ Remember, not all donations are tax deductible. Only donations made to 501(c)(3) tax-exempt charitable organizations are deductible. To find out if your gift is deductible, go to www.irs.gov. Please continue to assist in whatever way you can. The victims need you help. However, taking a few minutes to know who you are donating to can help ensure your donation is going to help the victims and can help prevent you from also becoming a victim—of identity theft. For more information about charitable giving scams and to obtain a list of reputable organizations, go to www.eive.org or www.fenia.gov. Along for the Ride The Plymouth Police Department invites you to join us on a monthly virtual ride along. Tune in to our new TV show, "Along for the Ride." "Along for the Ride" will air on local cable Channel 20 Wednesday evenings at 8:30 p.m. and on cable Channel 16 Monday evenings at 6:00 p.m. and Saturday mornings at 6:00 a.m. Each month, we will highlight different police activities, services, programs, and safety topics. Get to know the Plymouth Police Department in a whole new way! We welcome your input! If you would like to see a topic covered on "Along for the Ride" or have a question or a comment about the program, call 763-509-5139 or go to alongfortheride@eci.pllymouth.mn.us. 4a Home Burglaries and Residential Thefts: Don't be a Victim In the past month, there has been an increase in residential garage burglaries and thefts from parked cars. Criminals usually gain entrance into homes through open overhead garage doors or unlocked garage service doors. Unlocked sliding glass doors and windows are also vulnerable areas. Criminals typically target tools, beer, golf clubs, and bikes from garages and stereo equipment, CDs, purses, and laptops from parked cars. Thefts occur during in the nighttime hours, but garage burglaries often occur during the day. The police department is asking for the community's help in reducing this crime. Please keep a watchful eye out and call 9-1-1 immediately if you see or hear anything suspicious. Some examples of suspicious activity are: • People lurking around homes, hiding from passing traffic, or looking into cars • A car stopped in the street, running, in front of a home, with a driver waiting inside • People sneaking into garages • The sound of breaking glass There are several steps you can take to help reduce the chance of becoming a victim of home burglary. First, keep your overhead garage door CLOSED at all times. Next, lock all exterior doors to your home, including the garage service door and sliding glass doors. Also, keep ground floor windows closed and locked when not home. For specific safety recommendations for your home, call the Crime Prevention Unit at 763-509-5147 and request a premise security survey of your home. To help reduce theft from your cars, lock you car and remove valuables from your car. Remember that cell phones, CDs, purses, briefcases, laptops, portable TVs, IPODS, sunglasses, clothing, small change, etc. are all tempting to thieves. By taking some basic safety precautions, you can help reduce your chance of becoming the next victim. Featured Crime Prevention Program: McGruff Truck Next time you see a City of Plymouth vehicle, check it out! If you see McGruff (left) on the side of the truck, you and your children know it is a safe place to go in case of emergency. If your child is a victim of bullying, your child has been approached by a stranger, they are lost, or as an adult, you are you the victim of a crime and do not have access to a phone, McGruff trucks can help! McGruff truck drivers know how to contact police and they will provide a safe place for you or your child to wait for the police. Remember, teach children to wave down the McGrufftruck driver with both hands from a safe distance, preferably from the sidewalk. Never run out into the street or approach the truck from behind. So next time you are out, look for McGruff. Help take a bite out of crime! In Case of Emer enc I.C.E. If IN see suspicious acu. e l 9 Y ) would paramedics, police, or other emergency personnel contact for please What if there was an emergency and you were not at home? Who w1l 9-1-1 immediately, emergency information? The Plymouth Police Department offers File of Life cards in both home refrigerator magnets and wallet -sized varieties, free of charge. However, in addition to carrying a File Of Life card, the newest trend for emergencies is to enter an emergency contact person in your cellular phone contact list under ICE (In Case of Emergency.) Many paramedics and other law enforcement personnel are familiar with ICE and will check your cell phone book in the event of an emergency and you are unable to communicate. Your ICE contact should be familiar with your medical conditions, medications, doctors, hospital choices, and other needed information. A few seconds now to enter an ICE contact in your phone can be a lifesaver in an emergency! Helpful Reminders: Street Parking Restrictions: Vehicles cannot be parked on any public city street between the hours of 2:00-5:00 AM. To request an overnight parking permit, contact the Plymouth Police Department at 763-509-5160. Hennepin County Curfew: Under 15: 10:00 PM to 5:00 AM (Sun-Thurs) 11:00 PM to 5:00 AM (Fri/Sat) 15-16: 11:00 PM to 5:00 AM (Sun-Thurs) Midnight to 5:00 AM (Fri/Sat) Age 17: Midnight to 5:00 AM Emergency: 9-1-1 Non -emergency: 763-525-6210 Crime Information Line: 763-509-5177 If you have any comments about this newsletter, please contact Officer Angela Haseman at the Plymouth Police Department, 3400 Plymouth Blvd., Plymouth, MN 55447, 763-509-5147 or at ahaseman()ci.olymouth.mn.us. Thank you! 4-7— DATE: August 26, 2005 TO: Laurie Ahrens, City Manager FROM: (�te, P.E., Director of Public Works SUBJECT: CAMELOT LAKE PARK PEDESTRIAN CROSSING As requested by Councilmember Hewitt during discussions regarding the Taryn Hills development, we have investigated the existing crosswalk across Colony Road 47 at Camelot Lake Park to determine the need for additional signage. All of the appropriate pedestrian crossing signage is currently in place at this crosswalk as well as at the existing crosswalk across County Road 47 at Yucca Lane. Jim Grube from Hennepin County had suggested supplemental in -street pedestrian crossing signs such as those in place in downtown Maple Grove and Wayzata. However, as we discussed, I have serious resolutions about placing those signs on County Road 47 due to the narrow roadway and higher vehicular speeds. MnDOT recently issued the attached Technical Memorandum in which MnDOT has adopted a policy restricting the use of these signs to roadways posted at 35 m.p.h. or less. Accordingly, I would not recommend installing in -street crossing signs at this location. We will continue to monitor this location and investigate other potential signage improvements. attachments O: \Engineering\GENERAL\MEMOS\DORA N\2005\CarnelotLkPk_PedCross. doe o ^�Nt4esnr�2 MINNESOTA DEPARTMENT OF TRANSPORTATION Operations, Safety, and Technology Division a Technical Memorandum No. 04-11-T-02 a December 22, 2004 `�zr ya Or 7F1P� To: Distribution 57, 382, 612, 618, and 650 From: Marthand Nookala, Director Traffic Operations, Safety and Technology Subject: In -Street Pedestrian Crossing Signs Expiration This is a new technical memorandum and will remain in effect until December 31, 2008, unless superseded before that date or incorporated into the Minnesota Manual on Uniform Traffic Control Devices (MN MUTCD. Implementation This policy shall be implemented immediately. Introduction The Federal Manual on Uniform Traffic Control Devices 2003 edition approved use of In -Street Pedestrian Crossing Signs. Minnesota will be adding this sign as an option in the 2005 edition of the MN MUTCD. Until this sign is incorporated into the MN MUTCD this technical memorandum documents the approval of this device when installed under the following guidelines. The In -Street Pedestrian Crossing sign (R1 -6b) may be used to remind road users of the Minnesota state law which requires the driver of a vehicle to stop to yield the right-of-way to a pedestrian crossing the roadway within a marked or unmarked crosswalk. Purpose The purpose of this technical memorandum is to allow the usage of and give guidance for the installation of In -Street Pedestrian Crossing Sign (R1 -6b) in accordance with the Federal Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) 2003 edition. Guidelines Standard for Use of In -Street Pedestrian Crossing Signs a. The sign shall not be used at intersections whose approaches are controlled by either stop signs or traffic control signals. b. The sign should only be used at key locations, such as high volume pedestrian crosswalks, to avoid overuse. c. The sign shall only be used as an in -street sign, not on the outside shoulder or parking lane. When installed, the sign shall not impede or obstruct any traffic movement including through or turning movements. d. When the sign is used at or in advance of a school crossing to supplement the ground mounted school warning signs, the sign shall include the SCHOOL plaque. e. The STOP FOR legend shall be used as Minnesota state law specifically requires that a driver must stop for a pedestrian in a crosswalk. -MORE- Technical Memorandum No. 04-11-T-02 In -Street Pedestrian Crossing Signs December 22, 2004 Page 2 f. The sign shall have a black legend and border on white and fluorescent yellow - green background and shall have the same dimensions as shown on the standard sign drawing for the In -Street & Post Mounted Pedestrian Crossing Sign (R1 -6b) (see attachment). g. Signs shall have the same sign message on both sides or a reflective strip mounted on the backside the same color as the centerline or lane line used. To avoid driver confusion, back-to-back signs should only be used on two-lane, two- way roadways. For typical intersection placement see the attached Typical Placement of In -Street Pedestrian Crossing Signs figure. h. If the sign is placed in the roadway, the device shall meet the crashworthiness requirements of NCHRP-350 Category 2 for 70 km/h (45 mph). i. The MN MUTCD provisions of Section 2A.18 concerning mounting height are not applicable for the In -Street Pedestrian Crossing Sign. The maximum mounting height shall be 610 mm (2 feet) to the bottom of the sign. J . The sign may be used seasonally to prevent damage in winter because of plowing operations, and may be removed at night if the pedestrian activity at night is minimal. Specific Mn/DOT Policy The Minnesota Department of Transportation has adopted the following additional guidelines for all trunk highways. Local road authorities may adopt similar additional guidelines for consistency. a. The sign shall be installed by permit only through Mn/DOT District Offices. b. The sign shall only be used in 55 km/h (35 mph) or lower speed zones. c. Only one sign structure shall be used per approach at marked crosswalks. Scope The policy contained in this technical memorandum applies to all public roadways except Section VI which applies only to roadways under the jurisdiction of Mn/DOT. Questions Questions regarding the content of this Technical Memorandum may be directed to Mike Weiss, State Signing Engineer at 651-284-3440. Any questions regarding the publication or distribution of this Technical Memorandum should be referred to Benjamin Christensen, Design Standards Unit 651-284-3447, or Mohammad Dehdashti, Design Standards Engineer 651-296-4859. All active and a list of historical Technical Memoranda can be viewed at http://www.dot.state.mn.us/tecsup/tmemo/index.htmI Attachment(s) R1 -6b, In Street & Post Mounted Pedestrian Crossing Sign Typical Placement of In -Street Pedestrian Crossing Signs -END- L J. 0 94*< � M co (O M r (p N p lA M to N N M N co N N [F N 14 M M M M IA �- �- r �- r- r" p ^ N M fn ZW p0Cm a V 'O N O) t •- Y— E C O O Q > 3 � M. J I � Z Q � 0 .N am r- c E V) im O o U = a. � M co (O M r (p N p lA M to N N M N co N N [F N 14 M M M M IA �- �- r �- r- r" p ^ N M fn ZW p0Cm a V 'O N O) t •- Y— E C O O Q > 3 � M. APPROVED DATE OF REV. �o`pNNEsor p yo SIGN NUMBER IN STREET & POST MOUNTED ; 10/8/04 PEDESTRIAN CROSSING SIGNS �R1-6b �OF T'p c rn 0 .N o m > C y +� M C ccO N G N U Y N -2 y U) N O C �O LL O w- "O U N O U N U C O Q7 Y U fD m C O O y E O � T Lo c + .(D _ y N c N .O •- C aN O ccYZj - U y N O W C O O. N c N N f0 Q7 cn N '- — Y N L O rn f0 c U N m N @ E wow NN7 QU �M CD N m M M X ? N lJ l H 1 APPROVED DATE OF REV. �o`pNNEsor p yo SIGN NUMBER IN STREET & POST MOUNTED ; 10/8/04 PEDESTRIAN CROSSING SIGNS �R1-6b �OF T'p Typical Placement of In -Street Pedestrian Crossing Signs Four -Lane Undivided Roadway Four -Lane Divided Roadway with Turn Lanes STOP STOP FOR; FOR Two -Lane, Two -Way Roadway Two -Lane, Two -Way Roadway with Center Turn Lane Leaend .mom Direction of travel q Single Sided Structure M Back -to -Back Structure DATE: September 2, 2005 TO: Laurie Ahrens, City Manager FROM: qw4<ote, P.E., Director of Public Works SUBJECT: LANDSCAPING FOR WATER QUALITY GRANT PROGRAM As requested by Councilmember Willis, attached please find the program description and application assessment for the above referenced program. attachments O:\Engineering\GENERAL\MEMOS\DORAN\2005\LandscapingGrant_Laurie. doc City of Plymouth Landscaping for Water Quality Grant Program 3400 Plymouth Blvd. Plymouth, MN 55447 763-509-5526.-- Grants 63-509-5526-Grants for landscaping projects that benefit water quality The City of Plymouth supports environmental education and neighborhood landscaping practices that improve water quality. To encourage these practices and to demonstrate their potential for successfully fulfilling both environmental and aesthetic requirements, the City has established a grant program for landscapes that benefit water quality. 1. Purpose of Grant This program is established to encourage and support community-based initiatives to protect water quality and promote the use of native upland and aquatic plant species for our local ecological region. 11. Award Amounts The total available amount in 2005 is $3,400. Maximum grant amount for any single project is $500. 111. Eligible Applicants Property owners, community associations, businesses, schools and educational institutions, non -profits and other community organizations. IV. Eligible Activities Activities that transform a portion of a lawn to native landscaping are eligible for consideration. (See examples below.) V. Participant Commitment Participants must make a commitment to complete and maintain their project. V1. Public Promotion of Projects and Acknowledgment Requirements • Recipients will be asked to work with the City to seek media coverage for their project(s). • Recipients will be asked to allow others to look at their project. This will be part of an ongoing effort to educate other Plymouth residents about the benefits of native landscaping. • All publications and publicity generated as part of this project must include acknowledgment of the City of Plymouth. • Recipients will be encouraged to display pictures of their work at the spring Plymouth Environmental Fair. VII. Deadline Applications for 2005 grants are due on April 29th. IX. Award of Grant Announcement of grant approvals will occur the week of May 9th. All applicants will receive written notification regarding their request for funding. Maximum grant amount for any project is $500. Payment will be made upon completion of work and submission of payment request accompanied by original receipts for expenses. X. Examples of improving water quality and local ecology • Reduce the use of Kentucky bluegrass. 0 Engineerin-\WTRRESRC\EDUCATIO\S mal IGran ts\2005\05;rantINFORMATION.doc • Reduce impervious surfaces (concrete, rock, asphalt, buildings). • Increase native plants (grasses, ground covers, flowers, shrubs, trees). • Create a buffer area of native plants near a lake, wetland or creek. Which will: • Slow down or reduce runoff to lakes, wetlands, streams, storm drains. Native plants are better at absorbing the extra nutrients, which flow across your yard during a rainstorm. • Reduce lakeshore and stream bank erosion by planting native species with longer root systems. • Increase wildlife habitat. Kentucky bluegrass does not provide food and shelter for many species of wildlife. • Reduce watering by planting native plants that do not require as much watering as Kentucky bluegrass. O:\Engineering\WTRRES RC\EDUCATIO\SmallGrants\2005\05granL[N FOR MATION.doc Nor City of Plymouth, Environmental Quality Committee: Water Quality Grant Application Return to: Derek Asche, City of Plymouth, 3400 Plymouth Blvd, Plymouth, MN 55447. Phone: 763-509-5526 Fax 763-509-5510 Applicant Name: Title: Affiliation: Address: City: _ Telephone: E-mail: Project Title: Start and End Dates: Total Cost of Project: Amount requested from City of Plymouth: Other sources of funding with amounts: Application date: State: Zip: FAX: ( ) I. Narrative (Use additional pages if needed.) Please describe the major purpose of your project. (Refer to item X on Small Grant Information Form for List Action Steps necessary to accomplish your objectives (plan, install, maintain, educate). Indicate the location of your project. (over) Describe your level of commitment to this project. Outline the time frame for completing this project. II. Budget Please provide a budget breakdown, with a brief description for each line item. Line Item $ Requested 1. Supplies (Plants, seeds, landscaping materials) 2. Equipment 3. Resource Materials 4. Miscellaneous Total project cost: $ III. Partners List all participants in this project and their role. W IV. Please attach a sketch/plan of proposed project Or attach additional related information. Native Planting Guide WHEN IS THE BEST TIME TO PLANT WILDFLOWERS? Many wild flowers prefer early to mid spring plantings (especially here in the northern States). If you are seeding annuals, many of them form a rosette after germination in the fall and then complete their life cycle the following spring. Seeding is often delayed in the spring by the excess moisture that will postpone the planting date until early summer. However, in general planting in Spring also provides protection from erosion and rodents. DO I NEED TO WATER WILDFLOWERS? Obviously a certain amount of water is necessary for germination to occur. Some companies suggest that keeping the seeded area moist for six weeks is essential. However, most of the time this is not necessary. It is wise to keep the seedlings from drying out completely, but a continual watering is not needed. Wildflowers are hardy; they are very drought tolerant. Watering is nice but not essential. In addition, too much water can cause root rot and leaf mold in many species. Monitor water applications closely. More is not necessarily better. HOW DO I PREPARE THE SOIL? Just because it is a wildflower doesn't mean that simply scattering the seed will be sufficient. The seeds must touch the soil and need to be covered only slightly. A wildflower seed bed should look just like any other flower bed. Do not seed into existing vegetation, realize that the probability of success is greatly diminished. Cultivation to remove weeds is necessary; many times this must be done several times during one year's time to insure success. Another method of weed control is the application of a short duration herbicide (i.e. Roundup, etc), but the use of the herbicides should only be done while closely following the manufacturer's instructions, and allow sufficient time before planting your wildflower seeds. A very light mulch of wheat or oat straw will hold the seeds in place and act as a retardant against invasive weeds. Many people choose to plant a cover crop for erosion control. Even if these cover crops winter kill, yet the root stock will serve as a soil stabilizer. HOW DO I PLANT WILDFLOWERS? (This is the most crucial aspect of establishing your native planting garden/area) Probably the single greatest mistake made with wildflowers is improper planting. The typical flower seed from domesticated species is planted about one inch deep in the soil. Wildflowers, however, will not tolerate this depth. A planting depth of 1/4 to 1/2 inch is preferred. The seeds will germinate at greater depths, but do not have the strength to push through the over -lying soil. Another common question is identification of seedlings. If you do not know what the seedlings will look like, plant your wildflowers in a row and pull up anything outside that row. If planting on a larger scale, use a grassland seeder that allows for the calibration of the depth and rate of planting. With your wildflowers in rows you can even cultivate them during the early establishment period, and this is helpful in controlling weeds. O:\Engineering\WTRRESRC\EDUCATIO\SmallGrants\Forms_Info\Native Planting Guide4_OO.docPage 1 of 2 Excerpts used ivith permission from Sharp Bros. Seed Co. Web site (1-800-451-379) 4/00 Make sure you mark all your plants, plant them in rows, and use gardening ropes to line them up. Don't worry about the natural look, after they are established, they will naturally form clumps and fill in. SHOULD I MOW MY WILDFLOWER PLANTING? If the planting is all perennials then yes, mow three or four times during the first growing season. The mowing should be done at a height of 6 to 8 inches. If you have annuals, weed control by hand pulling is preferred, or scheduling the mowing after the seed has set after blooming. WHERE DO I PLANT WILDFLOWERS? Native species of wildflowers will adapt to most sites that are well drained and receive sun. Almost all wildflowers require about six hours of sunlight for them to survive. Obviously some plants are better adapted to wetter or drier sites. This fact is usually mentioned in the descriptions of the species. Also look for mixtures designed for specific areas, i.e. wetland or dryland mixes. WHAT ABOUT THE ADDITION OF FERTILIZER TO THE WILDFLOWER PLANTING? Initially, don't do it. The first year of growth for most wildflowers is a time of root establishment. Fertilizer would be used by the invasive weeds which you don't want. The benefit to your wildflowers would be minimal with only an increase in vegetative (top) growth seen. Save your fertilizer for an established stand that is several years old. WHEN WILL MY WILDFLOWERS BLOOM? Annuals will bloom the first full growing season. Perennials normally will not bloom until the second growing season. Some may require three years. Patience is the key. O:\Engineering\WTRRESRC\EDUCATIO\SmaIIGrants\Forms Info\Native Planting Guide4_00.docPage 2 of 2 Excerpts used with permission from Sharp Bros. Seed Co. Web site (1-800-451-31-79) 1-4f -- 4100 Resource Connections City of Plymouth Engineering 763-509-5500 www.ci.plymouth.mn.us Citizens' Guide series of information brochures: Native Plants, Phosphorus -free Fertilizer, Erosion Control and Wetlands. Call 763-509-5500 to receive a copy. Hennepin County Environmental Services 612-348-6509 www.co.hennepin.mn.uslenvironmental Information on managing your yard in an environmentally friendly way, with topics ranging from composting to the proper disposal of fertilizers and weed killers. Eco -Yard Demonstration Site The Eco -Yard is open throughout the season for self -guided tours to learn about environmentally friendly landscaping. Periodic workshops on sustainable landscaping are also offered. For more information, call 612-348-2477. 8100 Jefferson Hwy, Brooklyn Park University of Minnesota - Extension Service Provides education programs on a variety of -topics, including yard and garden information. INFO -U Hotline - 612-624-2200 Yard and Garden Line - 612-624-4771 Hennepin County Master Gardener Hotline - 612-374-8433 www.extension.umn.edu/hort/ Sustainable Urban Landscape Information Services www.sustland.umn.edu/ SULTS provides sustainable landscape information to the public and to the horticulture/landscape industry, from planning to maintenance. Minnesota Department of Natural Resources www.drinstate.mn.us/backyard Plans, planting instructions and plant lists for native planting and rain gardens ("wet meadows"). Minnesota's Bookstore — 651-297-3000 Two books with background and step-by-step guide to landscaping. Lakescaping for Wildlife and Water Quality and Landscaping for Wildlife Restore Your Shore CD ROM Native plant sources Outback Nursery Prairie Nursery Sharp Bros. Seed Co. Landscape Alternatives North American Prairies Co. Prairie Restorations, Inc. Prairie Moon Nursery Hild and Assoc. Dragonfly Gardens www.outbcknursery.com 651-438-2771 www.prairienursery.com www.sharpseed.com landscapealt@earthlink.net 651-488-3142 www.northamericanprairies.com 320-274-5316 www.prairieresto.com 763-389-4342 www.prairiemoonnursery.com 507-452-1362 http://www.hildnatives.com 715-426-5131 800-790-9495 http://dragonflyaardens.net 715-268-7660 676 O:\Engineering\ WTRRESRC\EDUCATIO\S mal lGrants\Forms_Info\ResourceConnections.doc Small Grant Assessment Sheet Applicant information: Name: Address: Phone, fax, e-mail: Issue addressed: (one point for each addressed) Erosion Runoff Infiltration Points earned Issue addressed Habitat restoration Education Other Ease of replication: 4 Very easy to replicate 3 Easy to replicate 2_ Difficult to replicate Ease of Replication 1 Cannot be replicated Application to other Plymouth properties: 4 Applies to most properties in Plymouth 3 Applies to some properties in Plymouth 2 Applies to few properties in Plymouth Application 1 A unique situation that would rarely apply to properties in Plymouth Scope of project impact 7 Neighborhood project 6 Multiple property owners; accessible for public viewing 5 Multiple property owners; not accessible for public viewing 4 Single property owner with larger group participation; accessible for public viewing 3 Single property owner with larger group participation; not accessible for public viewing Scope of impact 2 Single property owner; accessible for public viewing 1 Single property owner; not accessible for public viewing Sensitivity of area 3 2 1 Sensitivity Total score 5-7 DATE: September 2, 2005 TO: Laurie Ahrens, City Manager FROM:n Cote, P.E., Director of Public Works SUBJECT: LAWNDALE LANE EXTENSION/CONNECTION IN MAPLE GROVE As you requested, I met with Mr. Gerry Butcher, Maple Grove Public Works Director, to discuss Maple Grove's position regarding the potential connection of Peony Lane to Lawndale Lane. Mr. Butcher advised me that Maple Grove supports the concept and that this concept was contemplated in their Transportation Plan (see attached). He further advised me that the only unknown was the specific alignment south of Maple Grove's corporate limits. Maple Grove has constructed Lawndale Lane as a 4 -lane undivided roadway north of 63rd Avenue in anticipation of the travel demands resulting from this connection. This matter was also a topic of discussion in a 1995 joint City Council meeting between Maple Grove and Plymouth. Mr. Butcher also confirmed that it is anticipated that the roadway, when completed between TH 55 and Bass Lake Road (CSAR 10), would be considered for a jurisdictional transfer with Hennepin County. attachments 0:\Engineering\GENERAL\MEMOS\DORAN\2005\ awndaleLn_MapleGr_Laurie.doc a MAPI-5GROVE L : I, Rice Lake PLYMOUT • r PLYMOUTH t ® t MILES Prepared by SRF Consulting Group, Inc. 30 OSSEO �—``��iiGl■I � ,ki f Eagle Lake Wra<1iIIIIIIIII Construct Freeway Expand Freeway ® Improve Freeway Construct 6 -lane Divided Construct 4 -lane Divided Construct 4 -lane Undivided Construct 3 -lane Undivided Construct 2 -lane Undivided —••—• Municipal Boundary City of CITY OF MAPLE GROVE TRANSPORTATION PLAN 'Maple Roadway System Improvement Pian Grove FIGURE 11 June 2001 City are currently designated as "A" minor arterials in the regional s include both existing roadways and proposed new or realigned 7arlinry Lane Reliever — This route crosses the City from south to e`io one and one-half miles west of the east City limits. It runs from limits to the proposed TH 610 interchange. It also interchanges of which it is designated CSAH 61. North of CSAR 81 to the 'liange, it is designated County Road 202. This route includes the 1i of new roadway between 77th Avenue North and County Road 109 h a < n through the sand/gravel extraction area. 2 'Lawndale Lane/Dunkirk Lane/Fernbrook Avenue (EUander) — This route is aligned from south to north on the west side of the City. It interchanges with both I-94 d TH` 610 and aligns with Fernbrook Avenue north of CSAH 81. This route r 'as of equal portions of existing and new roadway segments. On the south it the City at Lawndale Lane, following this road to about 77th Avenue North. M ,ikel � y be connected to Peony Lane in the City of Plymouth, which in the h Transportation Plan is designated a minor arterial. When completed, this will become the most important roadway in western Maple Grove, providing both to the Interstate system from the western neighborhoods, to the } nixed use area in western Maple Grove at I-94 and to a large part of the Y..� mz (Bass Lake Roadl_{Expander� — CSAH 10 crosses the City of Maple Trove from east to west near the southern border of the City, entering near its irrterchange with I-494 and exiting to the City of Corcoran. A realignment of CSAH 10 and CSAH 101 near the point where they intersect is proposed. i uyi weaver Lake Road(Expander) — This route follows existing CSAH 109 between Jefferson Highway and Zachary Lane. Between Zachary Lane and Norwood Lane, the roadway has been realigned to provide a more direct route. '$uyond this point, the minor arterial designation follows the existing Weaver Lake to Dunkirk Lane, interchanging with I-94 along the way. ►n ,v r',onnector west of1-94• Keliever East of I 941 — Existing CSAH 30 Vs from CSAH 101 to TH 169 and has an interchange with I-94. The existing §hange at CSAH 30 is proposed to be reconstructed and a new CSAH 30 Ile ; constructed south of the interchange. Although ramps from CSAH 30 to would not be provided, CSAH 30 will continue to provide access to both I-94 TH 169 and will provide a route for traffic moving across the City. 31 MEMO CITY OF PLYMOUTH CBOULEVARD, PLYMOUTH, MN 55447 DATE: September 8, 2005 TO: Mayor and Council FROM: Eric J. Blank, Director, Parks and Recreation 66 SUBJECT: Budget Study Session/Park Acreage Inquiry At the Tuesday, September 6, study session, the question was asked how many acres of park land and open space the City owns. Currently the City owns approximately 969 acres of active park land and roughly 100 acres of what we designate open space. So the total is approximately 1,100 acres that the city owns. The attached sheet breaks the acreage out by city park, community playfield, neighborhood parks, mini parks and school parks. It also further breaks acreage down into active recreation which are acres that we tend to mow and do high maintenance on and passive lands which are generally left in their natural state. This and other more detailed information is enclosed in Chapter 8 of the comprehensive plan, both books 1 and 2. EB/np CITY PARKS • East Medicine Lake • West Medicine Lake • Parkers Lake • Plymouth Creek • Timber Shores ACTIVE RECREATION: 139 acres PASSIVE RECREATION: 246 acres TOTAL AREA: 385 acres 8-A-1 COMMUNITY PLAYFIELDS • Bass Lake • Elm Creek • La Compte Green • Oakwood • Parkers Lake • Plymouth • PJymouth Creek • Ridgemount • Zachary ACTIVE RECREATION: 173.4 acres ** PASSIVE RECREATION: 9 acres TOTAL AREA: 182.4 acres * Refer to Plymouth Creek City Park, page 8-A-5 ** Acreage of Plymouth Creek Playfield included in Plymouth Creek City Park 8-A-7• NEIGHBORHOOD PARKS AND MINI PARKS • Circle • Fazendin • Four Seasons • Gateway • Gleanloch • Green Oaks • Heather Ponds • Heritage • Imperial Hill • Jaycee's Hemlock • Kilmer • Lions • Maplecreek • Mission Hills • Queensland • Rolling Hills • St. Mary's • Schmidt Lake • Shenandoah • Shiloh • Sunrise • Swan Lake • South Shore • Three Ponds • ,Turtle Lake ACTIVE RECREATION: 116.3 acres PASSIVE RECREATION: 239.8 acres TOTAL AREA: 356.1 acres 8-A-17 SCHOOL PARKS • Birchview Elementary • Greenwood Elementary • Kimberly Lane Elementary O • Pilgrim Lane Elementary • Plymouth Creek Elementary • Sunset Hills Elementary ACTIVE RECREATION: 46 acres PASSIVE RECREATION: 0 acres TOTAL AREA: 46 acres 8-A-43 4 k-1 I Y "V ru Y WH 3400 PLYMOUTH BOULEVARD, P c3,g; DATE: September 8, 2005 7 TO: Laurie Ahrens, City Manager FROM: Anne Hurlbu , Community Development Director SUBJECT: Hennepin County Adult Correctional Facility (HCACF) Population Report Hennepin County Community Corrections staff has submitted their monthly report on average daily population for the month of August, 2005. The average daily population reported for the Plymouth facility was 554, less than the occupancy limit of 601 set by the Conditional Use Permit. The chart below shows the average monthly population since we began receiving reports in June of 1998. HCACF Monthly Population Report []CUP Limit ■Average Count 700 600 500 Lj 400 m c�a `m 300 a 200 100 0 00 O 0o O O O O O O O O O — O O O N M M C' � LO O O O O O O C U C :3 3 U C U N 3 4) C U C 3 N 3 U C U C U r— N 3 (D a) 3 Month/Year []CUP Limit ■Average Count ` CITY OF September 9, 2005 PLYMOUT14 SUBJECT: SITE PLAN AMENDMENT, CONDITIONAL USE PERMIT AND VARIANCE FOR WESTWOOD ENGINEERING (2005070) Dear Property Owner: Pursuant to the provisions of the Plymouth Zoning Ordinance, this letter is to inform you of a request by Westwood Engineering, under 2005070, for a site plan amendment for a freestanding retail building, conditional use permit to allow multiple buildings on one lot, and variance for building setbacks for Waterford Park Plaza Shopping Center located at 10200 6th Avenue North. Hennepin County records indicate your property is within 500 feet of the site of this proposal. You are hereby notified of, and cordially invited to attend a Public Hearing to be held by the Plymouth Planning Commission at 7:00 p.m., on Wednesday, September 21, 2005 at the Plymouth Creek Center located at 14800 -34th Avenue North. The public will be invited to offer questions and comments concerning this application at that time, or feel free to call the City Planning Department at (763) 509-5450 for more information. INFORMATION relating to this request may be examined at the Community Development Information Counter, at Plymouth City Hall on Mondays and Wednesday through Friday from 8:00 a.m. to 4:30 p.m., and Tuesdays from 8:00 a.m. to 6:00 p.m., except holidays. If you have any questions about the specifics of this proposal, please contact the Community Development Department at (763) 509-5400. Sincerely, Barbara G. Senness, AICP Planning Manager 2005070propnotice PLYMOUTH Adding Quality to Life 7 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000 6 __...___ _.. ---- _ . _ M/\AIUV ri nlvmnuih — � is CITY OF September 9, 2005 PUMOUTR SUBJECT: CONDITIONAL USE PERMIT FOR ASCENSION EVANGELICAL LUTHERAN CHURCH (2005098) Dear Property Owner: Pursuant to the provisions of the Plymouth Zoning Ordinance, this letter is to inform you of a request by Ascension Evangelical Lutheran Church, under File 2005098 for a conditional use permit to allow kindergarten classes for property located at 15870 46th Avenue. North. Hennepin County records indicate your property is within 500 feet of the site of this proposal. You are hereby notified of, and cordially invited to attend a Public Hearing to be held by the Plymouth Planning Commission at 7:00 p.m., on Wednesday, September 21, 2005 at the Plymouth Creek Center located at 14800 -34th Avenue North. The public will be invited to offer questions and comments concerning this application at that time, or feel free to call the City Planning Department at (763) 509-5450 for more information. INFORMATION relating to this request may be examined at the Community. Development Information Counter, at Plymouth City Hall on Mondays and Wednesday through Friday from 8:00 a.m. to 4:30 p.m., and Tuesdays from 8:00 a.m. to 6:00 p.m., except holidays. If you have any questions about the specifics of this proposal, please contact the Community Development Department at (763) 509-5400. Sincerely, Barbara G. Senness, AICP Planning Manager 2005098propnotice PLYMOUTH Adding Quality to Li e100 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000 Fa Site ®� !Qt�®.® �� a►'.�ese�sm `► ���®®® =01"M %®� ' Flt•%l•/ PLYMOUTH Adding Quality to Li e100 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000 Fa CITY OF September 9, 2005 PLYMOUTH - SUBJECT: CONDITIONAL USE PERMIT AMENDMENT AND INTERIM USE PERMIT FOR CARLSON'S PIANO WORLD (2005101) Dear Property Owner: Pursuant to the provisions of the Plymouth Zoning Ordinance, this letter is to inform you of a request by Carlson's Piano World, under File 2005101 for a conditional use permit amendment to allow 25 percent accessory enclosed retail in the I-2 (General Industrial) zoning district and an interim use permit to allow reduced parking for property located at 1381024 th Avenue North. Hennepin County records indicate your property is within 500 feet of the site of this proposal. You are hereby notified of, and cordially invited to attend a Public Hearing to be held by the Plymouth Planning Commission at 7:00 p.m., on Wednesday, September 21, 2005 at the Plymouth Creek Center located at 14800-34`h Avenue North. The public will be invited to offer questions and comments concerning this application at that time, or feel free to call the City Planning Department at (763) 509-5450 for more information. INFORMATION relating to this request may be examined at the Community Development Information Counter, at Plymouth City Hall on Mondays and Wednesday through Friday from 8:00 a.m. to 4:30 p.m., and Tuesdays from 8:00 a.m. to 6:00 p.m., except holidays. If you have any questions about the specifics of this proposal, please contact the Community Development Department at (763) 509-5400. Sincerely, A* 5(A1 h Barbara G. Senness, AICP Planning Manager 2005101 propnotice �-o 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000 CITY OF September 9, 2005 PLYMOUT4 SUBJECT: CONDITIONAL USE PERMIT FOR WCL ASSOCIATES, INC. (2005102) Dear Property Owner: Pursuant to the provisions of the Plymouth Zoning Ordinance, this letter is to inform you of a request by WCL Associates, Inc., under File 2005102, for a conditional use permit to allow over 50 percent office use and an interim use permit for reduced parking with shuttle service for property located at 9600 54th Avenue North. Hennepin County records indicate your property is within 500 feet of the site of this. proposal. You are hereby notified of, and cordially invited to attend a Public Hearing to be held by the Plymouth Planning Commission at 7:00 p.m., on Wednesday, September 21, 2005 at the Plymouth Creek Center located at 14800 -34th Avenue North. The public will be invited to offer questions and comments concerning this application at that time, or feel free to call the City Planning Department at (763) 509-5450 for more information. INFORMATION relating to this request may be examined at the Community Development Information Counter, at Plymouth City Hall on Mondays and Wednesday through Friday from 8:00 a.m. to 4:30 p.m., and Tuesdays from 8:00 a.m. to 6:00 p.m., except holidays. If you have any questions about the specifics of this proposal, please contact the Community Development Department at (763) 509-5400. Sincerely, �X%VA. a Q Barbara G. Senness, AICP Planning Manager 2005102propnotice PLYMOUTH Adding Quality to Life 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000 wAenm ri nhIMM ith Mn 1 10 Darrin Lahr Community Relations Manager Xcel Energy 8701 Monticello Lane North Maple Grove, MN 55369-4556 Dear Darrin, Thank you for your letter requesting feedback on compliance with franchise obligations. We have no current concerns relating to the items addressed in the franchise agreement. However, there is an issue that the Plymouth City Council would like to discuss with you — reliability of service. Several councilmembers have received concerns from residents about frequent outages in certain areas of the City. I'd like to invite you to attend a future Plymouth City Council meeting so that councilmembers can ask questions and to provide you with the opportunity to explain any system enhancements that would impact the Plymouth area. The following dates are available: Sept. 27, Oct. 11, and Oct. 25. The meetings begin at 7 p.m. at the Plymouth Creek Center, 14800 34th Avenue North. Please give me a call at 763-509-5051 to let me know if you would be available on one of these dates. We appreciate your recent efforts to resolve problems with outages in the 21St and Niagara Lane area. I know you are also working with our Public Works Director to discuss outages affecting the Bass Lake area. Perhaps through this meeting we can identify additional areas that need attention. Sincerely, Laurie Ahrens City Manager ® PRItITEE, UI: REf, /GLEG PAPER �i PLYMOUTH Adding Quality to i fe 3400 PLYMOUTH BOULEVARD . PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000 wwvv.^i.r1k/mouth.mn.us Xcel EnergySM August 8, 2005 Laura Ahrens City Manager 3400 Pymouth Boulevard Plymouth, MN 55447-1448 Dear Laura 8701 Monticello Lane North Maple Grove, Minnesota 55369-4556 41l6 'cel Energy is committed to meeting our customer expectations and fulfilling our commitments to those we serve. Customer feedback is important to us, and can make us aware of issues we haven't yet recognized. To that end, I am writing to solicit your feedback on our performance in fulfilling our commitments in the franchise agreement between Xcel Energy and your city. The fianchise agreement between Xcel Energy and your city helps identify and clarify the responsibilities and roles of Xcel Energy as we construct, operate and maintain our energy transmission and delivery systems. Specified obligations relating to Xcel Energy's activities include tree trimming, right-of-way restoration, and relocation of company facilities for city improvement projects. I trust that we are in compliance with these and other franchise obligations. If this is not the case, please do not hesitate to contact me at the number listed below. Xcel Energy appreciates the opportunity to serve our customers - your residents -- with reliable, affordable energy now and into the future. Sincerely, �\ Darrin La f Community Relations Manager Xcel Energy 763-493-1631 /p-