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HomeMy WebLinkAboutCouncil Information Memorandum 08-23-1991CITY COUNCIL INFORMATIONAL MEMORANDUM August 23, 1991 UPCOMING MEETINGS AND EVENTS.... 1. CITY COUNCIL MEETING SCHEDULE FOR SEPTEMBER: SEPT. 4 7:00 P.M. SPECIAL COUNCIL MEETING City Council Chambers SEPT. 16 6:30 P.M. PLYMOUTH FORUM City Council Chambers 7:00 P.M. REGULAR COUNCIL MEETING City Council Chambers -------------------------------------------------------- 2. CHARTER COMMISSION MEETING -- The Charter Commission will be holding its second meeting Monday evening at 7:00 p.m. in the Council Conference Room. Councilmembers have been invited to attend this meeting and provide the Charter Commission members with their views on their perceptions of the strengths/weaknesses of our present form of government, as well as any particular suggestions you may have for improvements. I have also been invited to attend and offer my views on the same topic. Attached for your information is a copy of the tentative agenda for the meeting. (M-2) 3. PLANNING COMMISSION -- Wednesday, August 28, 7:00 p.m. The Planning Commission will meet in the City Council Chambers. 4. ABSENTEE VOTING HOURS -- The Customer Counter will be open for absentee voting as follows: Saturday, August 31 1:00 - 3:00 P.M. Monday, September 2 5:00 - 7:00 p.m. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 CITY COUNCIL INFORMATION MEMORANDUM August 23, 1991 Page 2 5. TWINWEST CHAMBER "EXPO 91" - Wednesday, September 4, 2:00 - 7:00 p.m. The TwinWest Chamber will hold their annual Expo at the Sheraton Park Place Hotel in St. Louis Park. TwinWest Chamber businesses and municipalities will have booths at the expo. Frank Boyles is serving as Chair of the Expo 91 Committee. Attached is a flyer on the Expo. Admission to the Expo and seminars is free. (M-5) 6. MEETING CALENDARS -- City Center and Council calendars for August and September are attached. (M-6) FOR YOUR INFORMATION..... 1. MAIL BALLOT COUNT -- As of Friday, August 23: The approximate number of ballots received: 8,280 The approximate number of undeliverable ballots returned to City by post office: 5,000 2. JURY VERDICT - CITY OF PLYMOUTH VERSUS BWBR ARCHITECTS. INC. -- As I previously verbally informed the Council, the three day trial between the City and BWBR Architects concluded late Monday with the jury reaching its verdict Tuesday. The jury verdict was in favor of the City. The specific question the judge directed that the jury respond to is as follows: "Is BWBR entitled to payment from the City of Plymouth for its work performed in the preparation of construction documents." The jury responded that BWBR was not entitled to payment, thereby supporting the position that the City had taken. Attached for your information is a copy of the jury's verdict sheet. I am also attaching a letter that I wrote to John (Mac) LeFevre who handled this case. I think he did an outstanding job in representing the City's interest in presenting the case in a straightforward, yet thorough fashion. (I-2) 3. MAIL BALLOT ELECTION CONCERNS -- Attached is a memorandum from City Clerk Laurie Rauenhorst regarding the conversation she had recently with Councilmember Vasiliou. Following receipt of this memorandum, Laurie and I met with Mayor Bergman and Councilmember Vasiliou to go over the points raised and to attempt to try to answer the various concerns noted, as well as to consider possible changes in our procedures. It is our goal to ensure that the election is conducted in a fair and impartial fashion and in accordance with state law. Any CITY COUNCIL INFORMATION MEMORANDUM August 23, 1991 Page 3 Councilmember having questions regarding any aspect of the election is invited to bring it to Laurie's attention. (I-3) 4. ABSENTEE VOTING EXPERIMENTAL CHANGE -- On Tuesday, August 20, the Hennepin County Board of Commissioners authorized the experimental absentee voting procedures. Any eligible voter in the county may now vote by absentee ballot without qualification in any election conducted from August 20 through November 30, 1991, within their municipality or school district. The County Board will consider at a later date whether to authorize this option for the 1992 elections. An application for ballots will now require only the voter's name, residence address, address to which the ballots are to be mailed, the election(s) they are requesting ballots for, the date of the request, and the voter's signature. Cities and school districts conducting an election during this period are required to maintain a record of the number of applications for absentee ballots received and submit a report to the County by November 30, 1991. 5. CHUCK DILLERUD APPOINTED ACTING DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT -- I requested Chuck Dillerud to serve as the Acting Director of the Department of Planning and Community Development commencing August 31. He has agreed to do so. This acting appointment is contemplated to last until such time as a new person is retained to fill Blair Tremere's position. 6. LEN BUSCH ROSES - We recently received an inquiry from a resident who was concerned about the possible use of an accessory structure on the Len Busch property for habitation by some employees of his firm. Building Official Joe Ryan looked into this matter and determined that while some of the workers and/or their families were residing in a single family dwelling unit adjacent to Medina Road, that there was no occupancy of the few other small detached structures. Councilmember Vasiliou subsequently received an inquiry regarding the same matter. A follow-up reinspection confirmed the initial findings reached by Joe Ryan. (I-6) 7. WETLANDS PROTECTION -- Attached is an article from the September 2 issue of Forbes magazine, dealing with federal regulation of wetlands. This article notes an increasing trend on the part of landowners to assert their property rights with respect to the "taking" issue surrounding the regulation of wetlands. The article also demonstrates the difficulty of trying to strike a balance between the protection of wetlands and the appropriate development of property. (I-7) CITY COUNCIL INFORMATION MEMORANDUM August 23, 1991 Page 4 8. JRS ENTERPRISES AIRPLANE ENGINE TESTING -- Some time ago Mayor Bergman submitted a complaint about noise being caused as a result of airplane engine testing at JRS Enterprises, located at approximately 58th Avenue North and County Road 169. This company is in the business of refurbishing and rebuilding World War II vintage airplane engines. As a result of this complaint, we have worked over the last two years with the Minnesota Pollution Control Agency and Mr. John Sandberg, owner of the firm to have a test cell designed, installed, and tested to determine whether it meets the MPCA requirements. Attached is an August 15, 1991 letter from Becky Niedzielski, which indicates that the facility demonstrates compliance with the state noise rules. This information has been conveyed to JRS Enterprises and to Walser Chevrolet - which was also concerned about the testing. (I-8) 9. 1991 STREET RECONSTRUCTION PROGRAM - LETTER FROM FREEMAN'S INC AND PROPERTY OWNERS OF WILLOW WOOD CONDOMINIUMS -- Mr. Craig Freeman sent the attached letter dated July 29 to Councilmember Vasiliou. Other Councilmembers may have received individual copies, however, we did not receive one here at the City Center. I requested Fred Moore to review the letter and draft a response to it. As a practical matter, the City will be obligated to demonstrate benefit to the Freeman property, as well as that of the Willow Woods condominiums at such time as the 1991 Street Reconstruction Program assessments are proposed. (I-9) 10. FOOD SHELF DONATIONS -- Attached is a letter of thanks from PRISM for a donation to their food shelf, organized through the Park and Recreation Department. Two of our temporary summer employees, Cheryl Gartner and Nichole Munson, organized this effort around the City's puppet playhouse. During various performances, foods items were solicited from those attending. More than 300 pounds of food was collected and was distributed equally between PRISM and Interfaith Outreach. (I-10) 11. SPECIAL ONE DAY RECYCLING PROGRAM -- We plan to conduct a one -day only recycling roundup for Saturday, October 26 here at the Plymouth City Center. The City's Solid Waste Coordinator, Marjorie Vigoren, has recommended that we conduct this one -'day event to assist our residents in recycling a variety of goods which are not generally recyclable through the City's normal program. Many of these goods will be eligible for the County's 80 percent funding, while some would not and require a modest fee to be collected by the City to recover our costs. The one - day program will be designed to help us reach the 16 percent recycling goal in order to remain eligible for 80 CITY COUNCIL INFORMATION MEMORANDUM August 23, 1991 Page 5 percent Hennepin County funding. Marjorie is monitoring our progress toward achieving this goal and believes with this effort, we will be in a better position of making the goal by the end of the year, recognizing that recycling historically falls off during the later months of the year. We will keep you advised as the details of this one -day event become more firm. (I-11) 12. PRAIRIE LAWNS -- An article appeared in the Monday, August 18 Star Tribune which discussed a metropolitan wide trend for homeowners to allow their lawns to grow natural. The Council should be aware that over the last week (prior to the article) we have received four requests for natural preserves which will be placed on the Council's September 4 agenda. - 13. PLYMOUTH TRAVEL DEMAND MANAGEMENT SURVEY RESPONSE -- As the Council is aware, city staff members, together with Minnesota RideShare and Regional Transit Board representatives have requested that 18 of Plymouth's largest employers cooperate in having their employees fill out a travel demand management survey. All 18 employers have now returned their surveys and Minnesota RideShare has preliminary information with respect to the response rate. Attached is a table entitled, "Plymouth Transportation Survey - Number of Company Respondents." Total employees represented by each company vary from a high of 1,273 employees to a low of 40 employees in this group. The highest response rate in numerical terms was received from Prudential at their Campus Drive facility with 926 of their 971 employees responding, or 95 percent. Overall, just over 4,000 employees of the more than 7,200 employees represented by these 18 companies, completed the survey. This was a response rate of 56 percent, which I am told by RideShare and RTB representatives is an excellent response rate. We are pleased that Plymouth based employers are responding positively to our travel demand management efforts. (I- 13) 14. RETIREMENT - FIRE CHIEF ROBINSON -- Fire Chief Lyle Robinson has informed us of his plan to retire at the end of this calendar year. Lyle joined the City as Fire Chief in September 1984, after having served as Fire Chief in Brooklyn Park for 14 years. Prior to his becoming Fire Chief in Brooklyn Park, he served as a volunteer firefighter with them for 14 years. He will round out a 28 year career in the fire service as he retires from Plymouth. 15. HENNEPIN COUNTY - REQUEST FOR COUNTY BOARD TO MAKE SPECIAL LEVY TO ASSIST IN REDISTRICTING COSTS -- The 1991 tax law provides the opportunity for counties throughout the state to levy on a onetime basis, $1.00 per capita to CITY COUNCIL INFORMATION MEMORANDUM August 23, 1991 Page 6 assist in paying for the cost of redistricting. The law also provides that 25 percent of that $1.00 levy would be made available to cities with populations over 30,000. In the case of Plymouth, we would be eligible to receive $12,722 if Hennepin County were to opt to make the $1.00 per capita special levy. Attached is a letter I have written to Chairman Derus of the County Board, requesting that the board make that levy. (I-15) 16. MINNESOTA BOARD OF WATER AND SOIL RESOURCES (BWSR) - DRAFT METROPOLITAN WATERSHED MANAGEMENT PLANNING RULES The Minnesota Board of Water and Soil Resources (BWSR), has promulgated draft rules to guide the planning of watershed management plans throughout the metropolitan area. A summary of the regulations is attached. A full copy of the proposed rules is available in the City Engineer's office if you care to review them. Fred Moore, along with 40 other advisory committee members, assisted in developing these proposed rules. Hearings will be held on the proposed rules as noted in the attached correspondence from Ron Harnack, Executive Director of BWSR. Fred Moore plans to attend at least one of the meetings on behalf of the City. Once adopted, these rules will guide Plymouth and other metropolitan area communities in the preparation of their surface water management plans as required by the State Legislature. (I-16) 17. NEWS ARTICLES: a. "Hennepin County commissioners support eliminating garbage station in Plymouth," Wayzata Weekly News, August 22, 1991. (I -17a) b. Attached is an article that appeared in the August 15 Star Tribune about a brochure the City of Minnetonka produced last year using cartoon illustrations. A group of city communicators, of which Helen LaFave is a member, will meet on August 21 to discuss a possible joint project to develop a brochure or cartoon to illustrate how the 1991 Legislature's action affected cities fiscally. While we don't know exactly what direction the project will take at this point, Helen will gather information on it. If it is appropriate and applicable to Plymouth's situation, we will consider sharing in the project. Through joint production, the communicators group will reduce costs for all cities who choose to participate in the project. (I -17b) c. "Let Voters Decide," Wall Street Journal, August 16, 1991. (I -17c) CITY COUNCIL INFORMATION MEMORANDUM August 23, 1991 Page 7 18. MINUTES• a. City Council Study Session Notes, August 19, 1991. (I -18a) b. Notes from the August 20 meeting with RTB Chair Michael Erlichmann and representatives of the Minnesota Valley, Southwest Metro, Maple Grove and Plymouth transit systems. Also included is a letter to Mr. Erlichmann from Frank Boyles . (I -18b) 19. LOCKUP INSPECTION REPORT -- A copy of the Hennepin County's inspection report of the City's lockup facility is attached. (I-19) 20. TRAFFIC RADAR ASSIGNMENT -- In response to speeding complaints, the Police Department conducted radar assignment at Urbandale Lane from 24th Avenue to 30th Avenue on July 29 and July 30. A copy of the report is attached. During this period, two tags were issued. (I- 20 21. MINNESOTA FAIR SHARE 'REFORMER' -- A copy of the newsletter, Reformer, sent to members of Minnesota Fair Share is attached. (I-21) 22. CORRESPONDENCE: a. Letter responding to Larry Marofsky, from Rodney Sando, Minnesota DNR Commissioner, regarding the proposed Northwest Boulevard project. (I -22a) b. Letter from Darrel Gonyea, Blue and Gold Company, to City Manager concerning the extension of the easement on the Curtis Lake Second Addition. (I -22b) c. Letter to Skip McCombs, Plymouth Civic League, from City Manager, confirming the City Council's August 19 action for the proposed Plymouth Amphitheater. (I - 22c) d. Letter sent to law firms who have submitted proposals for the City's professional legal services advising of the status of the proposal review process. (I -22d) e. Letter from Steve Polson, Polson/Trossen/Wright, to City Manager, concerning the completed design for the Public Safety Building. (I -22e) f. Letter from Virgina & Charles Smith, 17125 - 28th Place North, and Kathleen and John Kane, 17115 28th Place North, to Mayor Bergman, concerning the drainage of park land behind their properties. (I -22f) CITY COUNCIL INFORMATION M 40RANDUM August 23, 1991 Page 8 g. Letter to C. S. McCrossan, from the City Engineer, regarding a complaint received from a resident adjacent to 39th and Zachary on a contractor's activities prior to 7:00 a.m. (I -22g) h. Letter to Bruce Davision, U S. Postal Service, from Blair Tremere, advising of the Council's upcoming consideration at the September 4 Council meeting of the proposed post office facility. (I -22h) i. Letter to Joanne Schroeder, 5230 Vicksburg Lane, from Marjorie Vigoren, in response to a letter to Mayor Bergman on the City's recycling program. (I -22i) j. Letter from Fred Lips, 14405 38th Avenue North, to Mayor and Council, commenting on City Center space needs. (I -22j) k. Letter to Mr. and Mrs. Howard Hunt, 17205 County Road 47, from City Manager, providing a report from the Hennepin Conservation District on the high levels of water in Elm Creek behind the Hunt's home. (I -22k) 1. Letter responding to Brett Smith, 4940 Pineview Lane, from Frank Boyles wtih regard to his concern with the sounding of the Soo Line train horn (I-221). m. Letter sent to Plymouth Homeowner Associations providing information on a City sponsored lawn care class and the city -operated yard waste disposal site. (I -22m) n. Letter from William J. Gimble, 5405 Orleans Lane North, to Councilmember Vasiliou regarding the valuation on his property and the Cardinal Ridge Addition. Mr. Gimble also has raised concerns about a "promise" that their water bill would be adjusted. I have referred this letter to both City Assessor Scott Hovet, and Finance Director Hahn for appropriate response to questions raised by Mr. Gimble. (I -22n) James G. Willis City Manager TENTATIVE AGENDA SPECIAL MEETING CITY OF PLYMOUTH CHARTER COMMISSION 7:00 P.M. MONDAY, AUGUST 26, 1991 I. Call to order. II. Roll call. III. Adoption of Permanent By-laws. IV. Election of Permanent Officers. V. Appearance by.City Council Members. VI. Appearance by City Staff Members. VII. Staffing and Financial Matters. VIII.Consideration of Committees. IX. Discussion of Work Program. X. New Business. XI. Adjourn. VA -y X2391 ,� 113."Hc'31.ni,H _=:tT T6. PLANNING COMMISSION MEETING AGENDA WEDNESDAY, AUGUST 28, 1991 CITY COUNCIL CHAMBERS WHERE: Plymouth City Center 3400 Plymouth Boulevard Plymouth, MN 55447 -3 CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner, citizen or petitioner so requests, in which event the item will be removed from the consent agenda and considered in normal sequence on the agenda. PUBLIC FORUM 6:45 P.M. 1. CALL TO ORDER 7:00 P.M. 2. ROLL CALL 3.* CONSENT AGENDA 4.* APPROVAL OF MINUTES 5. PUBLIC HEARINGS A. Hans Hagen Homes, Inc. Amended MPUD Concept Plan, MPUD Preliminary Plan/Plat and Conditional Use Permit, Rezoning, and Subdivision Ordinance Variance for Seven Ponds 2nd Addition located at the southwest corner of Dunkirk Lane and State Highway 55 (91062) B. Franchise Associates, Inc. dba Arby's Restaurants. MPUD Final Plat and Final Site Plan, and Conditional Use Permit for a Class II restaurant at the northeast corner of Highway 55 and Revere Lane (91064) C. Ron Splett Construction Co. for LaVonne Wanha. RPUD Plan and Conditional Use Permit Amendment for a three season porch in Cimarron Ponds at 1160 Black Oaks Lane (91065) D. Peppermint Fence Preschool. Conditional Use Permit to allow a preschool in the Plymouth Covenant Church at 4300 Vicksburg Lane North (91072) 6. NEW BUSINESS A. Honeywell, Inc. Site Plan Amendment for installation of a cooling tower at the existing facility at 12001 State Highway 55 (91050) B. Tyson Architects, Inc. for U.S. West. Site Plan Amendment for trash enclosure at 4120 Fernbrook Lane North (91066) 7. OTHER BUSINESS A. Review Zoning Ordinance Grand Opening Provisions B. Status of Comprehensive Plan C. Review of Zoning Ordinance PUD Requirements 8. ADJOURNMENT L 0 a '91 Wednesday,'aeptember 4, 1991 • 2:00-7:00 p.m. Sheraton Park Place Hotel 5555 Wayzata Boulevard, St. Louis Park* Admission for Expo '91 & Seminars is FREE! .7L.h ` ` 2:00 Exhibits Open Office of the Future Showcase Of (Sponsored by General Office Products) Of Transportation of the Future Atlnrd all or part Showcase - of the events. 2:00 Seminar I How Professionals Can Help Support Themselves in a Down Economy 3:00 Seminar II No More Unpaid Consulting (Real estate credit pending) 4:00 Seminar III Who, What, Why and When: An Economic Overview (Approved for real estate credit) 5-7:00 TwinWest Overtime (Hors d'oeuvres and cash bar.) 7:00 Exhibits Close *The Sheraton Park Place Hotel is located at the southwes i,ptersection of Highway 100 and I-394. Ho r centuries, writers have commented on the human Mui characteristics of optimism and pessimism. Until recently, these observations have been the preserve of Support comedians, philosophers and ministers, but now a line ;elves in of new research in the mental health field suggests that A Times optimism and pessimism are not simply quirks of personality. They are related not only to emotional 2:00 p.m• wellbeing and to mental health but possibly through the immune system to physical health and longevity, as well. Participants in this seminar receive information ,91 WG23 GIM 0X6 91 regarding these recent findings of medical science, as VAV& well as have the opportunity to apply them to their personal and professional lives. The seminar pays particular attention to the application of these new findings to the stressors inherent in a business work environment in a down economy. 'CoeA��t Bob Donnelly, MSW, CCDP, clinical social worker, Park Nicollet Medical ��--_ Center is well known in his field of mental health and currently works or fiA S the SHAPE program at Park Nicollet. C 4 _ His presentation will help you 0f &A.i WILU determine how to best alleviate stress in �' your life, especially as it relates to the current economic condition V,r" No Mote Are you selling with old techniques? Face it: #', ` ` selling has not changed in the last 30 years. - conventional VYour customers have heard it all before. And, they've CoM"g stopped listening. We were all taught the same things: Make polished <3W.P.M. Be aggressive! Show enthusiasm! 1 Pass out business cards and literature! presentations! Overcome objections! Fight for the order! They're not bad strategies, just old strategies. 'CoeA��t 0 C Learn How to: • Qualify and disqualify early. • Be more in control of the selling situation. • Sell without pressure. • Identify misdirected strategies that are costing you sales. • Make the selling process faster. • Give presentations that people buy. This seminar is a continuation of Terry's standing room only seminar at Expo 90, Sales Breakthrough. If you attended last year you won't want to miss this seminar. If not, attend this seminar and pick up some unique ideas. t ° ` Terry Slattery is president of Terry M. Slattery & Associates, a firm which specializes in sales and sales management consulting. He is dedicated to increasing the effectiveness of sales people and businesses, and aims f to provide smaller businesses access to the same training techniques that are provided to very large clients. CtM AM 16'91 CSM AUG 23'91 ,1M WG 23'91 go-Wh0144er e9ols will be very challenging for real estate and Whc:d, professionals both individually and ' professionally as it relates to financial stability. Learn and NVhen: _ from this panel of experts how events that have Anl6Onomic during last occurred the year (Persian Gulf War, the ,,,Overview S&L scandal, the liberalization of Europe, etc.) will �•� affect the 90's. They will speculate on the future and 4 � p m �I 0 f' � `� ^; answer some of the following questions. What factors I 0(- / really went into creating the current market conditions? C 4 Is the real estate industry, banking industry, neither or 0 t;. both responsible? Where is the Federal Reserve Board C4 going with interest rates and are interest rates even an 0 issue if banks aren't lending? Who' really defining the G 4 i► iC 0C, 4 rules for lending? Harvey Becker, Senior Vice President Lending, Marquette Bank New Hope has twenty-seven years in the banking ` " industry, five of which were spent in commercial lending. Paul Crawford, founder, Crawford \ Capital Corporation has raised venture funds for over 25 new companies. Crawford Capital Corporation manages venture funds for securities marketing and are also licensed stock brokers. Al ShOWooseS ` Office of the Future — Stop by the Office of the Future 2.0D'Y.00p1m. Showcase and see what your office might look like in - the year 2000. The showcase will highlight future C 0 trends in office furniture, carpeting, supplies, fax machines, microcomputers, paper copiers, ©It_ ` - telecommunication devices and electronic media filing and retrieval systems. (Sponsored by General Office Products) C Tronsportotion of the Future — Exhibits by the Metropolitan Airports Commission, Minnesota Department of Transportation, Metropolitan Transit Commission, and the Regional Transit Board will give you the very latest information regarding transportation in the Twin Cities area. ,1M WG 23'91 01��e Join us for a fabulous Overtime event hosted by the Sheraton Park Place Hotel between 5:00 and )O -b -M. 7:00 p.m. As always, the admission is your business card. While you are there, view exhibits of some of the hottest developments and small business ventures in the Twin Cities and find out which businesses can provide you with the products and services you need. Exhibitors Accountemps Braun Intertec Corporation Caliber Development Corporation Copeland Buhl & Company City of Crystal Jerry Deiley, LPA Featherlite Exhibits General Office Products Glenhaven Frames City of Golden Valley City of Hopkins Brian A. Liesch Associates MEPC American Properties Metro Paving, Inc. Metropolitan Airport Commission Metropolitan Transit Commission Minnesota Dept. of Transportation City of Minnetonka City of New Hope Opus Corporation Peak Staffing Plus Video Productions City of Plymouth Radisson Hotel Recycled Computer Products (laser cartridges) Regional Transit Board Ryan Construction Scanticon Hotel & Conference Center Showcase Landscaping City of St. Louis Park Sun Control Technology Exchange, Inc. Total Displays TwinWest Chamber of Commerce U.S. West Direct Vision Learning Center and more! TwinWest's Expo '91 is coordinated by the Chamber's Economic Development Committee. The TwinWest Chamber of Commerce is the state's third largest local chamber of commerce serving more than 1,250 members in the communities of Crystal, Golden Valley, Hopkins, Medicine Lake, Minnetonka, New Hope, Plymouth and St. Louis Park. If you would like more information on Expo'91 or to reserve your Expo '91 exhibit, call 540-0234. 0114 AUG 16'y 1 CIM z COUNCIL CALENDAR: AUGUST 26 - SEPT. 8 August -September 1991 August 26 1 MONDAY ' September 2 7:00pm CHARTER COMMISSION (City Council LABOR DAY - CITY OFFICES CLOSED Invited) Customer Counter Open 5-7 PM Absentee voting August 27 TUESDAYI September 3 Council Candidate Filings Open SPECIAL MAIL BALLOT ELECTION August 28 IWEDNESDAYI September 4 7:00pm PLANNING COMMISSION 2:00pm TwinWest Chamber EXPO 91 - Sheraton Park Place 7:00pm SPECIAL COUNCIL MEEnNG August 29 THURSDAY: September 5 6:30pm HRA PUBLIC INFORMATION MTG August 30 1 FRIDAY j September 6 August 31 ?ZATURD8yj September 7 Customer Counter Open for Absentee Voting 1 -3 PM September 1 I SUNDAY September 8 August M T W T F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 *Revised Meeting/Event **New Meeting/Event September M T W T F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 CIM AUG 23'91 8/23/1991 COUNCIL CALENDAR: SEPTEMBER 9 - 22 September 1991 September 9 MONDAY < September 16 6:30pm PLYMOUTH FORUM W T 7 m REG. COUNCIL MEETING S September 10TUESDAY< 1 September 17 Council Candidate Filings Close 4 5 7:00pm BOARD OF ZONING 7 8 9 7:00pm Private Street Task Force 11 12 September 11 JWEDNESDAY' September 18 6:45pm PLAN. FORUM 18 19 7:00pm PLANNING COMMISSION 21 22 23 September 12 1 -MURSDLYJ September 19 7:00pm PRAC 28 29 30 September 13 1 FRIDAY September 20 September 14 SATURDAY September 21 September 15 SUNDAY September 22 September M T W T F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 *Revised Meeting/Event **New Meeting/Event CIM AUG 23'91 8/23/1991 October M T W T F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 CIM AUG 23'91 8/23/1991 K— ko COUNCIL CALENDAR: SEPT. 23 - OCT. 6 September -October 1991 September 23 7:00pm CHARTER COMMISSION > WO DAY, September 30 September 24 `TUESDAY' <. October 1 September 25 7:00pm PLANNING COMMISSION WEDNESDAY October 2 September 26 ITHURSDAY October 3 September 27 FRIDAY October 4 September 28 -'SATURDAY 9 10 11 October 5 September 29 1 SUNDAY 15 October 6 September M T W T F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 *Revised Meeting/Event **New Meeting/Event um AUG 23'91 8/23/1991 October— M T W T F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 um AUG 23'91 8/23/1991 a c a LL a c LL z c LL 3 > a C LL > a c c 5 Fj N N LL cn N T N f' v21 °� N 7 3 N c N C) W N M � T00 r V N CND n It Np N LL O V N N F U) N a) tD CV jo E It N 3 r 0 � M Cl) O r, N Na)coN � �O> Ch N CO U CO Ch O N CA *- N C') A > 3 � a>i x E s b ,on r N c- OD N C7 z Zz o w°zz 0 a xxo a Azad a. g 0 v v r W f N N r N CD N QD �U z ra y h U OU ^� t�W CSU > az`" O 110 UU'� fpm g >� W h E aA > t�pGU �,� CpgUV— LO �U I rN- N .- OD Ln N N LL cn N T N f' v21 °� N 7 3 N c N C) W N M � T00 r V N CND n It Np N LL O V N N F U) N a) tD CV jo E It N 3 r CL Cl) O r, N Na)coN � r CD U) N N N N LL cn N T N f' v21 °� N 7 3 N c N C) W N M � T00 r V N CND M-lv i i i r r N ^M ` V LA N Of NW IL T C,2CNV N tq N C o 3 f 10 N C07 O� r ao N N N M O t� r N N CO r N N CJD M i r- z 0 QU F en g Lf) N r � CA V— (D N N CO az Fyz z N to N CO' �z 0Z 0 r 00 U') CY NCV L�I.r:C7 z < ar (3r Qr i1r r 3 n N N p gU � w8U CD LO u U)Nrn� N �rC co r N w w O o y J J Z O A ;; Lu�zLU °"w � �W°0 OgNgE" f� � CM r r N . o z 5. 0 a�Wu ax,z O �< �tLAW U"0 a CD cn Ocr) 0 O N O r `c r '' N T- *' CD N N 113 CIM AW, 'i -7'C)l STATE OF MINNESOTA COUNTY OF HENNEPIN City of Plymouth, Plaintiff, VS. BWBR Architects, Inc.,. Defendant. DISTRICT COURT FOURTH JUDICIAL DISTRICT File No. 90-21902 SPECIAL VERDICT Is BWBR entitled to payment from the City of Plymouth for its work performed in the preparation of construction documents? Mo Yes or No .� ) a 'Y'l GIST Foreperson ori behalf of/ Unanimous Date Jury If after six hours of deliberation, five of you agree to a verdict, the five in agreement should sign below noting the date and time of the verdict. Date: Time: Cim WG 23'91 August 21, 1991 Mr. John M. LeFevre, Jr. CITY OF Holmes & Graven Chartered PUMOUTR 470 Pillsbury Center Minneapolis, MN 55402 Dear Mac: Thank you for the excellent manner in which you prepared for our recent litigation with BWBR Architects. Having been a participant during the three day jury trial, I have a new insight and appreciation for the work effort that is required on the part of all parties to effectively present their cases to the jury. You did an admirable job in presenting the City's case in a well reasoned and organized fashion. It comes as no surprise that I thought our position was the correct one from the beginning and therefore, should have obviously, been upheld by the jury's decision. The fact that our point of view was upheld demonstrates, I believe, that we were correct in our interpretation of the contract and sought to conduct ourselves during the course of the project in accordance with our understanding of the contract. Your skill in organizing and presenting the numerous documents required to appropriately convey our point of view to the jury obviously demonstrates your professional capabilities. The exhibits you presented in court, particularly those which were blown up to amplify the major points at issue, helped to clearly focus the matters which were in dispute. Without the excellent work on your part, it is possible the outcome could have been different. Thanks for a job well. Yours truly, rCi es G. Willis it Manager :kec cc: Mayor & City Council aM AUG 23'91 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 =- J CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 20, 1991 TO: James G. Willis, jC�ity Manager FROM: Laurie Rauenhorst yy Clerk SUBJECT: CONCERNS ABOUT MAIL BALLOT ELECTION Today I received a phone call from Councilmember Vasiliou regarding concerns she has received. She shares these concerns with respect to the mail ballot election. The concerns relate to the following areas: 1. The appointment of Barbara Willis as an election judge. She is not, or is not perceived to be, impartial. 2. The 2 to 1 ratio of pro -Yes judges to pro -No judges. 3. How the election judges were selected. 4. Security of the ballots and the concern that we will destroy ballots. 5. That two election judges appointed to serve for this election have indicated that they have serious concerns about the administrative process and that there is significant room for error. 6. The City has controlled the wording of the ballot. 7. People calling City Hall have not had their questions answered regarding the issue. Specifically, people asking "How do I vote to retain the November election?" have not been answered. Councilmember Vasiliou has received 7 calls from individuals stating that they were refused this information from staff members. 8. Everything publicized by the City, including the Plymouth News, has been pro -Yes vote. 9. The flyers distributed by the Yes Committee are misleading. cim AUG 23'91 y 3 It is my responsibility as an election official to conduct elections according to law. I've spent considerable time working with Hennepin County Election Officials and the Secretary of State's office to develop the administrative process for this election. I believe it complies with state law. However, if it does not, or if there is a suggestion for change, I would like to know now rather later during a challenge. In other words, I'll implement any administrative changes desired by the Council through you as long as it does not violate state law. Through copy of this memo, I am requesting that the individuals taking calls on the mail ballot election (Karen Cheesbrough, Jeanette Sobania, Helen LaFave, and Judy McMillin) do the following: 1. Continue maintaining their logs of calls received from voters. Please be specific so we know the exact nature of voters' confusion, and 2. If voters ask how to vote in order to retain the November election, tell them -- A NO vote will maintain the November election; a YES vote will change to even year election. You can also continue reading the question and the ordinance text if requested. Please refer any further questions to me or Judy McMillin as you have been doing. Also, I have received inquiries from several Councilmembers about the number of ballots received. I will provide those figures for your Information Memorandum on Friday. cc: Judy McMillin Jeanette Sobania Helen LaFave Karen Cheesbrough am AUG 23'91 Z- Co MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 16, 1991 TO: James G. Willis, City Manager FROM: Blair Tremere, Community Development Director SUBJECT: INQUIRY ABOUT RESIDENTIAL ACTIVITY OF PROPERTY OWNED BY LEN BUSCH ROSES At your request Joe Ryan prepared the attached July 29, 1991 memo. You have subsequently had need to follow up on an inquiry by Councilmember Vasiliou regarding the same property. We have reinspected the premises and find the occupancy of the home is consistent with codes and ordinances. The dwelling is habitable although it is need of some repair which, I understand, may be in the works. Joe Ryan has informed Mr. Busch that the detached accessory structure should be razed; it can be replaced under our ordinances with a more substantially built structure elsewhere in the yard. There is no human occupancy evident in the detached accessory structure. It is used by the residents of the home and associates who work for Mr. Busch and who have truck gardens on the premises. Activity in that area appears to consist primarily of harvesting vegetables and preparation for transfer or storage. Attachment: July 29, 1991 Memo from Joe Ryan cc: Joe Ryan Chuck Dillerud File 90038 (pl/bt/jw.8-16:jw) CIM AUG 23'91 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: July 29, 1991 TO: James G. Willis, City Manager through Blair Tremere, Community Development Director FROM: Joe Ryan, Building Official SUBJECT: Len Busch Roses - 4045 County Road 101 Per your request, I conducted a site inspection of the above referenced property, based upon a complaint received concerning the occupancy of certain structures. The first building inspected was that of a detached accessory structure constructed of wood studs and plywood. This building is used solely for the storage of garden equipment and tools. The structure is surrounded by several acres of the property which is being used by some Asian families for the growing of agricultural crops and vegetable gardening. The building did not appear to be used for occupancy purposes. My next inspection was of a two story single family dwelling located west of the green houses along Medina Road. The dwelling is currently occupied by a Southeast Asian family, certain members of which are employed at Len Busch Roses. Although the home is old and is in need of some repair, the mechanical and electrical systems have been updated and adequate sanitation facilities exist. Please contact me if I may be of any further assistance. rc: file b>bu/jr/willis C►M AUG 23'91 If parts of your backyard are a bit soggy after a heavy rain, watch out! According to current EPA regulations, it's wetland and you better not disturb it. The strange case of the glancing geese By Warren Brookes IN EARLY AUGUST, amidst outcries from professional environmentalists, the Bush Administration moved to lift some of the more onerous property restrictions imposed by its own Envi- ronmental Protection Agency. Earli- er, on June 12, property rights won another victory. After hours of acri- monious debate, the Senate voted 55 to 44 to tack on a very powerful amendment to a highway funding bill. Called the Private Property Rights Act, the amendment seeks to restore some of the sanctity of private property that has eroded in recent years in the U.S. If the amendment passes in the House of Representatives as well, it will require the government to be a little less cavalier with its environmen- tal regulations. When the authorities issue rules that damage property val- ues, they must at least consider treat- ing the rules as a "taking" under the Constitution. If a taking there is, the property owner would be compensat- ed—just as he would be if the govern- ment took his land outright. The conflict between private prop- erty rights and governmental power goes back a long way—as evidenced by the attention that the founding fathers paid to it. The writers of the Constitution declared in the Fifth Amendment that "private property [shall not] be taken for public use without just compensation." For the first century this limitation on governmental power was the law, it wasn't the subject of much debate. If the government needed land for a garrison or a prison, it might compel an owner to sell, but the owner got paid. The only issue was how much. = I 4 Peggy Reigfe of the Fairness to Land Owners Committee "We will not accept government taking our land wittwut just compensation." �.■, ciM AUG 23'91 104 Forbes ■ September 2, 1991 Then, beginning around the turn of the century, battles over land -use controls landed in court. A landowner might be prohibited from putting up a slaughterhouse where he wanted, lest the smells and noise and blood offend neighbors and lessen their property values. Was such a restriction a taking of private property? In most cases, the courts said no. Your right to go into the fat -rendering business or erect a 20 -story apartment building clashes with my right to clean air or sunlight. And so a zoning law that decrees where factories or tall build- ings can go doesn't amount to a confiscation of private property, even though it might make some property owners poorer. If there was an erosion of property rights, few people object- ed. The restrictions were sensible and hardly onerous. So it went in the courts—zoning laws were almost always upheld. But governments can go only so far with their restrictions, and California crossed the line. In a 1987 Supreme Court case, Nollan v. California Cz :; u al Zone Commission, the Court ml; that the state's attempt to con- ui : a building permit on a property O',+ , 's granting of access to a public beach was a taking and required com- Dry county 84,000 acres of wetlands. 8I♦ Forbes ■ September 2, 1991 pensation. It was a turning point for a court system that had for a long time been much more protective of politi- cal liberties than of property rights. The justices said, in effect: If Califor- nia wants more public beaches, it should buy the land if needs, not just take it. The ancient controversy has taken a dramatic new turn with the rise of environmentalism in recent years. With wetlands rules and endangered species protection, the federal gov- ernment is in the business of land -use control. So the old question again arises: When does regulation amount to confiscation? If your waterfront parcel is ecologically precious, can the government simply declare it unbuildable? Or must it appropriate the money to buy you out? If the government wants to preserve a spe- cies of owl, can it tell an owner of timberland that he can't touch the trees he owns? Or must it buy him out? The Senate bill requires federal agencies to assess the regulations a second time before regulating a prop- erty to the point of uselessness. There is nothing antienvironmental in the bill. It puts no limits on environmen- tal protection measures. But it does 0 MILES 5 impose a cost. It would simply require the government to compensate prop- erty owners for a significant loss they incur from environmental restrictions imposed upon their property. Consider what happened in 1988 in Riverside County, Calif. The U.S. Fish & Wildlife Service declared the Stephen's kangaroo rat an endan- gered species. The result: Riverside County and local cities set aside 80,000 acres .as wildlife preserves. Where the money would come from was not the Fish & Wildlife Service's problem. As then Fws Field Supervi- sor Nancy Kaufman told the Wash- ington Post, "I'm not required by law to analyze the housing price aspect for the average Californian." If her en- forcement helped deprive lower-in- come people of housing, that was no concern of hers. A local government agency financed the preseives with a fee of $1,950 imposed on every acre developed in the county. Up went the price of housing. But under the new Private Property Rights Act, bureaucrats like Kaufman will have to consider the cost. The proposed law codifies an executive order issued in 1988 by President Reagan. This order required every federal agency to assess in advance the Wet county The swamps grew to 259,000 acres. 105 CIM AUG 23-91 T Wetlands impact of any regulation or sanction on property values, to determine whether that impact constitutes a tak- ing under law, and to seek to avoid such impacts. The potential for sub- stantial monetary impact was borne out by a series of recent court deci- sions. In the U.S. Claims Court in 1990 and 1991, Judge Loren Smith awarded $64 million plus interest to property owners injured by such envi- ronmental sanctions. The Senate bill has some profes- sional environmentalists up in arms. If each of their efforts to protect "biodi- versity" carries a price tag, the terms of the debate shift in ways they do not like. It will no longer be: Should we protect the spotted owl? It becomes: How much are we willing to spend to protect the spotted owl? A setback for the environment? Not at all. If the Private Property Rights Act passes the House of Repre- sentatives, people will continue to look to the government to protect the environment. However, the bill will serve notice on the extreme environ- mentalists that Americans are not willing to give them a license to ig- nore property rights in the guise of protecting biodiversity. When the final Senate vote was tallied, the environmental groups and their numerous representatives on the staffs of U.S. senators were lined up at the back of the Senate Chamber, visi- bly stunned at the suddenness and magnitude of their defeat. It was a complete reversal in just nine months of the defeat—by nine votes—of a similar provision. It was a bitter pill for Senate Major- ity Leader George Mitchell (D–Me.), who wound up the debate with an impassioned cry that this bill, like Reagan's executive order, sought "to undermine regulatory protection by chilling agency action." But his mo- tion to table the bill was shot down by 17 Democrats who teamed with 38 Republicans to hand environmental extremists the biggest legislative de- feat in their history. The fact that 17 Democrats did vote for the Private Property Rights Act may demonstrate the rising political backlash against the extremes of the green lobby. Ironically, this setback had its roots in what had looked like a major vic- tory for the greens. In 1988 presiden- 106 tial candidate George Bush pledged "no net loss in wetlands." But on taking office, Bush faced the conse- quences of his statement. When the government enlarged the definition of "wetlands," Bush met angry pro- test from traditional Republican con- stituencies, farmers, businesses, real estate developers, landowners and lo- cal governments. What caused the backlash was not the statement itself but an act of I- 7 marshes, bogs, swamps and lowlands for conversion to active farming and commercial and residential develop- ment. The EPA claims this has de- stroyed over half of all U.S. wet- lands—or more than 100 million acres. But how to protect the wet- lands? Reilly gave his answer long ago: As executive director of Laurance Rockefeller's Task Force on Land Use and Urban Growth, he helped write The Use of Land: A Citizens' Policy EPA chief William Reilly "Loss in land value is no justification for invalidating regulation of land use." bureaucratic high-handedness appar- ently encouraged by Bush's pledge. This took the form of the 1989 Feder- al Manual for Identifying and Delin- eatingJurisdictional Wetlands, which extended federal jurisdiction over some 100 million additional acres of property, most of it privately owned. What outraged so many people was that most of the newly restricted land had only the remotest connection with water. Why did the bureaucracy get so out of hand? When President Bush ap- pointed William Reilly to head the Environmental Protection Agency, Bush confirmed the Washington ad- age that "personnel is policy." He had selected one of the most commit- ted land -use planners in the environ- mental movement. No question, there was and is a real need to arrest the long-term trend of draining and filling wetlands, Guide to Urban Growth. It laid out many of the premises for using bio- logical diversity as a rationale for lim- iting the two betes noires of environ- mentalism: single-family housing ex- pansion and commercial agriculture. It noted that land use could be re- stricted at no cost to the government, through jurisdictional control. Reilly's appointment as EPA admin- istrator coincided with the early 1989 release of the new manual, which, in attempting to define "wetlands," ex- tended the reach of the 1972 Clean Water Act. That manual asserted "jurisdiction" (requiring federal per- mits) well beyond traditional marshes and bogs. It extended it to cover any land with "hydric soils" or "hydro- phytic vegetation." In plain English, that is land showing evidence of peri- odic saturation or containing plants, such as cattails, that are characteristic of wetlands. A third criterion defined CIM AUG 2 3 Forbes ■ September 2, 1991 as "wetland" land where there is even a hint of water down to 18 inches below the ground for seven consecu- tive days of the growing season. Un- der the August proposal, some of those criteria were softened. Most important, the length of time a wet- land must be saturated would be in- creased to 21 consecutive days of the growing season. One of the areas hardest hit by the 1989 rules was Maryland's Dorches- Federal Manual for Identifying and Delineating Jurisdictional Wetlands Ar a1A` M IMAGVi COQ9MME P=fAl Fan Y E_ Wtlh S_ MrnKlO'. Aqf " OepM d 5� C_�� iWamr yes The 1989 manual Bureaucratic swamp? ter County (see map, p. 105). Previ- ously some 275,000 acres of private- ly owned land in Maryland had been classified as wetland. With the 1989 manual, the figure topped 1 million acres. This meant that the govern- ment suddenly sanctioned 740,000 additional acres against filling or oth- er disturbance, unless specifically permitted by the Army Corps of En- gineers, with the EPA and Fws exercis- ing virtual veto power. Under the new proposal, the amount of wet- lands would still increase, but by less than the 740,000 acres. The 1989 manual, however, remains the law of the land. The revisions would be unlikely to go into effect before early 1992. The permitting process itself remains a bureaucratic swamp. This outraged Margaret Ann Rei- gle, who had retired from her job as vice president of finance at New York's Daily News. With her hus- band, C. Charles Jowaiszas, a retired Columbia Pictures vice president, Peggy Reigle moved to Cambridge, in Dorchester County, to raise flow- ers and enjoy life. As a retirement investment the couple had bought a 138 -acre abandoned farm that they planned to subdivide into 10 -acre lots. Within months, however, Rei- gle was out of retirement and at war with the federal government. Reigle's war started after she heard what the new definitions had done to an elderly neighbor. The neighbor had been informed that under the new rules, her property was classified as nontidal wetlands and therefore could not be developed. The neigh- bor had been counting on proceeds from land sales to build a new home. In May 1990 Peggy Reigle wrote an angry letter to President Bush (one of thousands like it received by the White House). When local pa- pers reprinted the letter, Reigle was besieged by calls from others like her, outraged by the new policy. She formed the Fairness to Land Owners Committee; in two weeks it signed up some 2,000 citizens and now boasts a membership of over 6,000 Marylanders and 2,500 from other states. Its credo: "We will not accept the government's taking our land without just compensation." The grass-roots backlash against federal wetlands imperialism was under way. And soon Congress was paying heed. In January and February Repre- sentative John LaFalce (D–N.Y.), chairman of the House Small Busi- ness Committee, held hearings. Builders, realtors, national and local officials and developers shared stories about the quagmire of wetlands reg- ulations. The town supervisor of Wheatfield, in Niagara County, N.Y., told LaFalce that if the Corps issued permits based on the 1989 manual, "areas like Niagara County will be deprived of approximately 65% of the remaining developmental property." David Brody, attorney for the Niagara Frontier Builders Associ- ation, said the manual's implementa- tion, along with other problems, would result in "a 35% reduction in new home starts in Niagara and Erie counties in 1991." After the hearings LaFalce sent President Bush a letter "to alert [him] to the regulatory O.-7 travesty currently masquerading as federal wetlands policy." In Hampton, Va., meanwhile, Thomas Nelson Community Col- lege had made a routine request for a Corps check of a proposed 40 -acre site for its new sports complex. The result was a finding of `hydric soils" and "wetlands" at the college. Simi- lar findings could, in a cascade of regulatory mayhem, threaten the 38 - acre Nelson Farms subdivision, the 800 -home, 133 -acre Michael's Woods subdivision, the 300 -acre Hampton Roads Center office park, and a 600 -home Hampton Woods subdivision. As Hampton Mayor James Eason told the local Daily Press, "It's very scary. It's conceiv- able it could halt all development in the city of Hampton." This quagmire trapped even some of the most obvious candidates for permits, such as Richard Adamski. This retired state trooper from Balti- more had invested $16,500 in a building lot in the midst of a devel- oped residential area in a hamlet in Dorchester County only to be told the 0.7 -acre lot was "nontidal wet- lands." Although he wanted to fill only an eighth of an acre to build a retirement home, the U.S. Fish & Wildlife Service recommended deni- al of his application. Eventually the Corps did issue a permit to fill the sliver of land, but only if "the permittee shall mitigate at a 2:1 ratio for wetlands losses by constructing 0.25 acres of wooded nontidal wetlands." In other words, Adamski had to find someone willing to sell him a permanent "easement" on twice as much land. No takers yet; Adamski remains in limbo. Yet when I walked through the wettest of these mostly wooded "wetlands" last April (the wettest season), my dress shoes emerged pristinely unmuddied. As the outrage over his high-hand- ed policies mounted, Reilly had to beat a strategic retreat. On Mar. 7 he admitted to the prestigious Ameri- can Farmland Trust: "We suddenly found ourselves in the center of a maelstrom. Everywhere I traveled I heard a local wetlands horror story— not just from farmers, but from de- velopers and respected political lead- ers." He suggested that the entire process had gotten out of hand. Forbes ■ September 2, 1991 107 ClM AUG 23'91 Wetlands But tell that to William Ellen, a successful and respected Virginia ma- rine engineer who is now appealing a prison term and a large fine for having "filled" more than 15 acres ofEastern Shore "nontidal wetlands" when he bulldozed these seemingly dry and forested acres to create large nesting ponds for ducks and geese as well as a management complex. Ellen was working on a project for Paul Tudor Jones II, the high -flying futures trader (see p. 184) who in August 1987 had bought 3,200 acres in Dorchester County, very close to the Blackwater Wildlife Refuge. Jones' idea was to create a combina- tion hunting and conservation pre- serve, as well as a showplace estate. The centerpiece of the project is a 103 acre wildlife sanctuary developed with the assistance of the Maryland Department of Natural Resources. This sanctuary includes ponds, shrub swamps, food plants and grassland plots all designed to attract geese, ducks and other migrating waterfowl. In May 1990 Jones suddenly plead- ed guilty to one misdemeanor related to negligent filling ofwetlands, agree- ing to pay $1 million to the National Fish & Wildlife Foundation to help the Blackwater Refuge, plus a $1 mil- lion fine. The plea allowed Jones to avoid a costly and debilitating trial, and possibly even a jail term and the loss of his trading license. However, no such deal was afforded Bill Ellen, himself a well-known conservationist who, with his wife, runs a rescue/re- hab mission for injured wildlife and waterfowl. How could Ellen be prosecuted for converting land that was so dry water - spraying had to be used as a dust suppressant during bulldozing into large nesting ponds for waterfowl? That question disturbed trial judge Frederic Smalkin at the U.S. District Court in Baltimore, and the answer he got was bizarre. Prosecution witness Charles Rhodes, one of the EPA's top scientists on wetlands, said that even though the forested "wetlands" had been replaced by new ponds, the ecology was supposedly worse off. Why? The problem was bird shit. "The sanctuary pond is designed to have a large concentration of water- fowl, and before the restoration plan Conservationist Bill Ellen Guilty as charged: too many goose droppings. was implemented, all that fecal mate- rial [from the ducks and geese] was geared to be discharged right into the wetlands, whereas now it is actually designed to go through like a treat- ment system through the wetlands. So that would have been a negative impact, a water quality impact." In other words, the bird droppings, in- stead of staying in one place, would be spread over a wider area. To which Judge Smalkin respond- ed incredulously: "Are you saying that there is pollution from ducks, from having waterfowl on a pond, that that pollutes the water?" Incredi- bly, a jury convicted Ellen on five counts of filling wetlands. But U.S. Attorney Breckinridge Willcox said Ellen's conviction sends "a clear mes- sage that environmental criminals will, in fact, go to jail." The prosecu- tion asked the court for a prison term s:7 of 27 to 33 months, but Judge Smal- kin sentenced Bill Ellen to six months in jail and four months of home detention. These examples of federal wetlands policy as practiced in the early years of the Bush Administration are a case of a bureaucracy run amok. In fact, there is little law today that provides due - process federal jurisdiction over wet- lands. There is only the Food Security Act of 1985, which asserts jurisdiction over those farmlands under federal subsidy programs. But farmers may remove that jurisdiction by taking their land out of the programs. Otherwise, the wetlands program is very largely a contrivance of federal bureaucrats, sometimes working with friendly courts to expand Section 404 of the Clean Water Act. Yet this act makes no mention of "wetlands" and is designed to regulate only direct 108 Forbes ■ Septeb� *J 1 dumping into and pollution of the nation's "navigable waters," rivers, harbors, canals, etc. In a 1975 decision (Natural Re- sources Defense Council v. Callaway), a Washington, D.C. dis- trict judge ruled that federal jurisdic- tion applied beyond navigable waters to any wetlands that might remotely feed into such rivers and harbors. But even that did not cover "isolated wet- lands" with no connection to "navi- gable waters"—like the puddles in your backyard after a heavy rain. Nev- ertheless, since 1975, jurisdiction has been expanded entirely by fiat and court interpretation to cover that def- inition in the EPA manual—water 18 inches down. The fig leaf for this judicial and executive imperialism is Article 1, Sec- tion 8, paragraph 3, of the Constitu- tion, which gives Congress the right Forbes ■ September 2, 1991 g "to regulate commerce ... among the several states." To assert this pow - 4 er on isolated and local wetlands, the EPA and the Army Corps of Engineers engaged in such creative flights of fancy as declaring ducks and geese "interstate waterfowl." This led to what some call the "glancing goose test," which determines that an area is a wetland if an interstate goose pauses to consider it. In a brutal display of naked power, the EPA and the Department of the Army plunged ahead in December in their "Wetlands Enforcement Initia- tive," designed to bring 24 high - visibility defendants like Paul Tudor Jones to justice. The Dec. 12, 1990 memorandum asked all regional ad- ministrators to produce a "cluster" of new cases to be announced in an April "first `wave' of publicity ... to pro- vide an early deterrent to potential violations which might otherwise oc- cur during the 1991 spring and sum- mer construction season." But on Apr. 19 a high -visibility case blew up in the government's face. James Allen and Mary Ann Moseley, Missouri farmers, had built a perime- ter levee to keep their Mississippi Basin farm from flooding. The gov- ernment declared the area to be wet- lands of the United States, sued the Moseleys for violations of the Clean Water Act and sought fines of $25,000 a day for as long as the violation was in effect. But the Moseleys are members of the American Agriculture Movement, a progressive farm organization that has joined the mainstream farm groups in opposing the extension of the definition of "wetlands" and sup- porting the Private Property Rights Act. AAM's Fayetteville, Ark. lawyer, John Arens, has a record of beating the government in court—and he did it again. When Arens was not allowed to bring in his own "expert witnesses," he minced up the government "ex- perts" by demonstrating the capri- cious nature of the so-called wetlands law. He asked one EPA expert ifit were not true that, were he to play baseball on a diamond built on hydric soils and went into the batter's box and scuffed his cleats, and then knocked the re- sulting dirt off them, back onto the field, he would be in technical viola- tion of the Clean Water Act? "When he [the so-called expert] was forced to answer yes, I looked at the jury and I knew we were on our way!" Arens said. "But what really convinced the jury the government had no case was when it discovered that the government prosecutors had no law!" "While the jury was deliberating, they kept sending out to the judge for copies of the `wetlands law.' When the judge sent them federal regula- tions, they sent back and asked for the law. When the judge sent them the Clean Water Act, and said this was all the law he had to give them, they [the jury] decided the government had no case because it had no jurisdiction." More setbacks awaited the power - grabbing bureaucrats. In January 1989 then Assistant U.S. Attorney General Stephen Markman had a memorandum prepared on a big wet- lands case the Justice Department was prosecuting. The memorandum demonstrated, with dozens of cita- tions, the flimsiness of the govern- ment's wetlands policies, concluding: "The Corps and the EPA appear to have circumvented the Constitution's requirements ... and the federal dis- trict and circuit courts have not cor- rected them." The courts have appar- ently been paying attention. And so the battle has been joined. On the one hand are the wildlife -at - any -price people. On the other, peo- ple who think that environmental pol- icy ought not override property rights. The environmental extremists have made their intentions clear. In 1975 poet Gary Snyder won the Pulitzer Prize for his radical call for an "ulti- mate democracy [in which] plants and animals are also people." He wrote that they should "be given a place and a voice in the political dis- cussions of the humans.... What we must find a way to do ... is incorpo- rate the other people ... into the councils of government." A few years later, in 1980, a leading ecologist, Joseph Petulla, said, "The Marine Mammal Protection Act [and] the Endangered Species Act [embody] the legal idea that a listed nonhuman resident of the U.S. is guaranteed, in a special sense, life and liberty." 109 CIM AUG 23'91 ■_ Wetlands z--7 Road -widening project on Johnny Mercer Boulevard near Savannah, Ga. The highway crew had to fill 4.2 acres of wetlands. in "mitigation" of the damage, the federal government demanded that Georgia dig up a pristine forest nearby and turn it into a swamp. Of course, the Constitution says nothing about the rights of trees, snakes, owls and fish. Which may be why, back in 1973, Reilly's task force essentially called for the repeal of the takings clause of the Fifth Amend- ment: "Many [judicial] precedents are anachronistic now that land is coming to be regarded as a basic natural resource to be protected and conserved.... It is time that the U.S. Supreme Court re-examine its prece- dents that seem to require a balancing of public benefit against land value loss ... and declare that, when the protection of natural, cultural or aes- thetic resources or the assurance of orderly development are involved, a mere loss in land value is no justifica- tion for invalidating the regulation of land use [italics added]." "A mere loss in land value ... " In that "mere" resides a philosophy that questions the values ofprivate proper- ty and individual freedom. But after years of having things pretty much their own way, people who think like Reilly are getting a real fight. Idaho Republican Steve Symms, who leads the fight in the Senate for 112 the protection of property rights; says: "We should adopt a policy of no net loss of private property." Since the federal government already owns some 40% of U.S. land, Symms ar- gues that it ought to be willing to swap some of its 730 million acres in order to obtain privately owned land that is environmentally sensitive. If, say, the National Park Service wants 50,000 acres to provide more protec- tion for Shenandoah National Park, it can ask the Forest Service or Bu- reau of Land Management to sell to private citizens a like amount to fi- nance the acquisition. Such a policy of no net gain in federal lands was introduced this summer in the House in legislation drafted by Rep- resentative Bill Brewster, Democrat from Oklahoma. Do we really want the federal gov- ernment owning even more of the country, whether through outright purchase or through limitations on land use? Free-market environmen- talists like R.J. Smith of the Cato Institute argue that more govern- ment ownership and control would actually harm the environment. He says: "Ecological devastation ... in- variably accompanies too much gov- ernment ownership of land. You don't have to look just to Eastern Europe for confirmation. You need only examine the condition of most of the Bureau of Land Management in- ventory of properties, or remember what the Park Service allowed to hap- pen at Yellowstone." But the zealots won't give up. On Oct. 1 the EPA's regional office in Chicago awarded a grant of $50,000 over three years to the Sierra Club's local "Swamp Squad," which amounts to an unofficial policing of the environment. These vigilantes spy on developers and other land and property owners to report potential wetland violations. The EPA press re- lease quoted Dale Bryson, the region- al director of its water division: "This grant will allow them to continue their valuable work in a more vigor- ous way." The Senate has served notice that it thinks some of this "valuable work" has already gone too far. By all the evidence, many of the American peo- ple would agree. . CIM AUG 23'91 Forbes ■ September 2, 1991 Minnesota Pollution Control Agency 520 Lafayette Road, Saint Paul, Minnesota 55155-3898 Telephone (612) 296-6300 August 15 1991 Mr. Frank Boyles Assistant City Manager 3400 Plymouth Blvd. Plymouth, Minnesota 55447 Dear Mr. Boyles: 0M`% 0 A� P_ M f N N ESOTA 1990 JRS Enterprises has completed their airplane engine test cell. This letter will summarize noise levels documented by the Minnesota Pollution Control Agency (MPCA). The original noise levels in 1988, due to the outdoor testing of airplane engines by JRS, were 74-88 dBA mid -way between the main building of Walser Chevrolet and the south property line, and 90-92 dBA at the south fence. JRS notified the MPCA in October 1990 of completion of the main body of the customized test cell with some air inlet problems still being worked on. Time and weather constraints prevented interim testing at the sites until March 1991. The mid -way levels were reduced to 66-76 dBA, and the fence levels to 80-82 dBA during the loudest stage of testing. With the completion of the baffle around the access door and fencing around the roof vent this summer, a final noise test was conducted August 6, 1991: C Walser mid -point site during test: without test: L10: 68 dBA 66 dBA L50: 64 dBA 59 dBA L90: 60 dBA 56 dBA Levels at the Walser fence line were 74 dBA during the loudest stage of the test, and 80 dBA near the rear of the building just north of JRS Enterprises. cim AUG 23'91 Regional Offices: Duluth • Brainerd • Detroit Lakes • Marshall • Rochester Equal Opportunity Employer • Printed on Recycled Paper Ma Mr. Boyles August 1§ 1991 Page 2 In conclusion, the MPCA has determined that the facility has demonstrated compliance with the State noise rule with the use of the completed test cell. If you have any questions, please call me at 296-7898. Sincerely, Rebecca Niedzielski Noise Program Air Quality Division RN:dmh cc: John Sandberg, JRS Enterprises Blair Tremere, Plymouth Community Development Director General Manager, Walser Chevrolet CIM AUG 2-3-91 $ 612 541 9443 FREEMAN'S INC: 08/01/91 14:36 ni � q 3'ACSTMTIIF C(:)!V R LE'T"I'��7Ex FRS' ,MAN " .� -T-I3G - 56 Nathan Lane Plymouth, MN 55441 Telephone h Fax (612.) 541-9443 ------------------------ ---------------------------------------- TO: ---------------------------------------- TO: MARIA VASILIOU LOCATION FAX. TEL. # `/7 S- 0r,' -Z6 FROM: CR.AIU FREEMAN LOCATION FAX. TEL. # (612) 541-9443 BE: 91 ROAD RECONSTRUCTIC)N DATE: 8/01/91 ------------------------------------+---------------------------------------- Sending a total Of 4 pages ( including trig cover letter) our offi� e If you do not receive all page: aFP indicated abrNe, pleaee call at the roamber li6ted . COMMENTS: MARIA: AFTER REVIEWING THE FOLLOWING LETTER PLEASE CALL ME WITH ANY COMMENTS YOU MIGHT HAVE. THANKS, CFAIG ciM AUG 23'91 V 612 541 9443 FREEMAN'~ INC. 08/01/91 14:30 July 29, 1991 Special Assessment Committee City Council of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55441 Re: 1991 Street, Reconstruction Program Dear Committee Memberc: P02 :- IR It is our deep concern that the Special Assessment Committee (City Council), is not taking in to consideration all of the facts on the purposed assessment for Nathan Lane, for if they were, it becomes quite obvious that Nathan Lane Property Owners are being taken advantage of in as much as they are going to pay for more than they are going to receive in services for the above scheduled project. Nathan Lane was constructed as a major collector street in 1978 by W. E. Freeman with bituminous drive lanes, concrete curb and gutter, storm sewer, sanitary sewer and water, and 100 was paid for by him. Upon its completions it was dedicated to, and accepted by, the City. Each property owner on Nathan Lane has paid for his/her portion of the improvements through their purchase. And, because Nathan Lane is a major collector street in a commercial area, the entire city enjoys the use of it. No tax payer in this District, or any other District, was assess for these improvements. Not;, by lumping Nathan Lane into the 1991 street project, the property owners on Nathan Lane are going to be assessed for the installation of the very same improvements in other part of the city, on local residential streets which will seldom, or never, be use by them. We understand the proposed $3.1 million construction is divided into four Districts. 70% The project will be paid through the general Real Estate Tax fund and 30% through special assessments. District 3 will receive approximately $1.3 million in improvements. Nathan Lane's improvement will be approximately $147,000. That is 4.7% of the total project cost, or 11.3% of the total cost of its district. 3o% of $3.1 million is $930,000 total assessment Pursuant to my meeting with the City Engineering Department in June of this year, The city is purposing to assess Nathan Lane Owners approximately $170,000, or 18.3` of the total project, and they will receive only 4.7% of the benefits. 30% of the $1.3 million scheduled for this district $39moo of which Nathan Lane property owners would be assessed 37.7% and receive only 11.3°4, of this districts iBIM AUG 23.51 work. Nathan Lane, alone with the Highway 055 frontage road, is considered to be a major collector street in the City's Thoroughfare Guide Plan. A major portion, if not all, of the frontage road repairs are scheduled to be paid for through Tax Funds and Nathan Lane is purposed to be paid for through special assessments to the property owners. We feel most, if not all, of Nathan Lanshould be paid for through the Tax Funds as ise Frontage Foad. The 30% assessment the City is purposing to assess Nathan Lane owners is greater than 1()tl% of the total cost of the scheduled improvement to Nathan Lane. This is unfair and creates a hardship for Nathan Lane Property owners. The fact of the matter Nhan theLane exOwners that allunlikely otherto use other neighborhood stre neighborhoods are likely to use Nathan Lane. Thereforroject, Nathan Lane should be separated from the 1991 Street and Nathan �j�tea�lBhofltheetetal6sed coatsomething less than 30%, if anything improvements only to Nathan Lane. Also, we believe that less extensive repairs could be made to Nathan Lane to effectively increasing its life and drivability for many more years and reducing the cost, of the scheduled repairs substantiallY. The portion of the street scheduled to be reconstructed could be milled down ? inches, a fabric mat laid in place, and a 2 inches of wear course relaid. The remainder of the roads cracks should be filled and the road seal coated with a tack coat and a rock wear coarse. The seal coating may have to be done every few years. This should be normal maintenance for a major collector ptast 12Had yearseittmaytnotehaveineededdanyoperly major through thep repairs. We feel, the action to include Nathan Lane in the 1991 Street Project, to tax Nathan Lane Property Owners equal to the property owners in the rest of the district, and only a select group of Property Owners are scheduled to receive the majority of the improvements, is arbitrary, is morally wrong and creates a hardship for the Nathan Lane Property Owners. It is quite clear that the majority of the scheduled improvements for this district are in one neighborhood and it is too costly to divide the assessments just among the home owners in that neighborhood. The repairs to Nathan Lane appear to be added so that the assessments could be shared by more taxable properties and adding as little cost as possible to the project. This is wrong. CIM AUG 23.'y I y The drainage ditch at the end of Quaker Lane is the collection point for igxt of the time the water drainsafreelfor Quker y, one nn nthe Ivanhoe Woods. At th surface, to the ditch. The property the drainage ditch is on was dedicated to the City for a road easement by W. E. Freeman when he built the Pheasant Hills Addition in the 1960'x. In the early 1980's the City vacated the easement and gave the parcel to the property owner to the North instead of back to Mr. Freeman, who -owned the property immediately to the South. We protested this action at. a City Counsel meeting but to no avail. However, We were assured by the City Staff that lax erthe parcelowner bwilddanever secondehomeable ono divided his new it. 8 With in a couple of xi rsothe hithome owner divided the lot an a second house was b When we built the Willow Grove Condominiums in the early 1980'5 it took over a year to work our way through the City Staff, Planning Commission and Counsel, for approval. One of the major stumbling blocks was the drainage ditch to the North of the project. The City would not approve the project until Freeman'a had satisfied the neighbors, to the North and the West of the project, that their drainage would be improved by this development. Councilman Schneider (who later became Mayor) insisted that we must have very specific engineering done and that we follow the drawings to the letter, and if we "even move a tree so much as 6 inches we would have to return to the City counsel for an approval." The ditch was built to very specific plans. An as -built was delivered to the City and the project was acceptedffered by thetwo City. The Ditch worked very be_U w 100 year rains shortly after its Construction. A house Was built on the vacated parcel to the North and the builder regarded the ditch to satisfy his particular water problems. This actFreeman.s, adjacentphome sowners,teataCity and Counsel meeting by Condominium owners, but to no avail as the City allowed him use to regrade the ditch. The hworkedtProperlyill d5lnceant, the ditch is a messand Now the City wants to repair the ditch so that it works properly once again and assess all of the people that complained about its alteration. We agree the ditch should be cleaned outas shouldnfall squarelyresponsibility City. and cost of re Freeman's Inc, and , 2391 hLIFT1erty Owners of CIM PRISM PEOPLE RESPONDING N. SOCIAL MINISTRY 3730 Toledo No - #902 RDbbinsdale, Mn. 55422 (612) 529-1350 MembeA Congnega.i.ione Beautiful Savior Lutheran Church Brunswick United Methodist Church Calvary Lutheran Church Golden Valley United Methodist Church Holy Nativity Lutheran Church Mt. Olivet Lutheran Church/Plymouth Plymouth Creek Christian Church Olivet Baptist Church Olivet United Methodist Church Pilgrim United Methodist Church Rcbbinsdale United Church of Christ St. Barnabas Lutheran Church St. Joseph's Parish Commmity St. Mary of the Lake Catholic Church Valley Camnuhity Presbyterian Church Valley of Peace Lutheran Church Vision of Glory Lutheran Church M - %o August 20, 1991 City of Plymouth C/0 Mary Bisek 3400 Plymouth Blvd. Plymouth, Minnesota 55447 Dear Mary: On behalf of the Staff and Board of Directors we would like to thank the Plymouth Park and Recreation Department for the assorted food donation that was brought into the PRISM food shelf. The 170 pounds of food is very much appreciated especially during the summer months when our shelves get depleted very fast. It is because of community folks like yourselves that enable us at PRISM to carry out our mission of helping our low income and needy neighbors in the northwest suburbs. Once again, thank you very much for your support. Sincerely, LA- &VU Dick Nelson Foodshelf Coordinator cim AUG 23'y1 10A—Plymouth Sun-Sailor—Wed., Aug. 14, 1991 =-%o Resident petition for EAW is de A resident petition requesting the preparation of a envie tal study at the proposed Schmidt Lake Road/Interstate * change in Plymouth has been rejected by the Plymou Council. The petition, which carried the signatures of 39 neig) landowners, had been submitted to the Minnesota Envir tal Quality Board, asking the agency to intervene and reqs city to conduct an environmental assessment workshee, area. By a 4-1 vote, council members denied the request Aug. 5 meeting. Candidate filings for three Plym City Council seats to open Aug. Candidates seeking to fill three expiring seats on the Pi City Council can file an affidavit of candidacy beginning Pending the outcome of a Sept. 3 mail -in city referend four-year terms of Councilmembers Lloyd Ricker and B and the two-year term of Mayor Kim Bergman expire 1991. Affidavits of candidacy can be filed at the Plymoi Center, 3400 Plymouth Blvd., from 8 a.m. to 4:30 p.m. 1 Tuesday, Aug. 27, and Tuesday, Sept. 10, said Laurie Rau, city clerk. A $5 filing fee is required. For more information, call City extends approval on Widst, The Wayzata City Council agreed Aug. 8 to extend for ths its approval of a proposal to build a 96 -unit apartme plex on the former Widsten Elementary School site. The action will give the project's developers until N 1992, to develop the site. The project has been held up because developers I learned that a portion of the land they plan to buy from School District 284 isn't owned by the district. The Wayzata City Council has agreed to plat around t perty, but drawing up those documents has taken some til Tom Young, Wayzata's planning coordinator. Young said the school district plans to close with the del this week. It is selling the Widsten property to developer: "Y M� SCHOOL OF' =,- % k MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 21, 1991 TO: James G. Willis,City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: SPECIAL COLLECTION OF RECYCLABLES Attached is a memo from Marjorie Vigoren, Solid Waste Coordinator, on the City conducting a one day special collection of recyclables. A suggested date for this event is Saturday, October 26. As proposed by Marjorie, material that the City would not receive 80Z funding from Hennepin County to cover our cost would have a charge in order that we could cover disposal costs. On this same material, the County does not count the tonnage as part of our 16Z goal for this year. Currently, we are slightly over (16.6X) the 16Z goal which we must maintain to receive 80Z County funding. If for some reason our tonnage drops during the remainder of the year and we do not meet this goal, it could mean losing up to $21,000 in County funding. By Marjorie's estimate, in order to have this one day project, our cost would be approximately $200 to $300. I believe this is very good insurance for meeting our goal to receive 80Z County funding. I would propose that this one day collection event be held at the City Center Building parking lot. Containers would be available for the deposit of the material and it would all be removed before Monday. I am requesting your concurrence to proceed with the organization of the one day event.. Please let me know if there are any questions or you would like to discuss this in more detail or need additional information. FGM:kh attachment CIM AUG 2391 MEMO CITY OF PLYMOUTH 160m:_ k, 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 19, 1991 TO: Fred G. Moore, Director of Public Works FROM: Marjorie E. Vigoren, Solid Waste Coordinator SUBJECT: SPECIAL COLLECTION OF RECYCLABLES CITY PROJECT NO. 001 I have investigated the possibility of holding a special collection of recyclables in the City of Plymouth. Goodwill/Easter Seals, Inc. has a truck available for collection of reusable household goods and other recyclable materials on Saturday, October 26, 1991. Rick Perry of Perry's Special Metals of Long Lake is also available for that day to collect scrap metal. I am also looking into a carpet recycler. We could add magazines, tires, and appliances as well, after considering the cost and funding of doing so. Tires would most likely be collected for fuel, so would not count toward our recycling goal, and their collection cost would not be subsidized by the County, however, this could prove to be a valuable service to residents even if the City charges enough to cover its costs (probably $1 to $1.50 per tire). Likewise, appliance recycling has not been considered an eligible expense for County funding, but residents would probably welcome the opportunity to drop off appliances at a cost of $5 to $7 each; enough to cover the City's cost of having them hauled away. COST ESTIMATE OF SPECIAL COLLECTION: Goodwill/Easter Seals, Inc. Trailer Rick Perry (scrap metal) City employee to help load scrap metal 8 hour (overtime) $26 Appliance recycler $7/unit Waste Management (one-time magazine pickup) Carpet recycler Tires $1 to $1.50 per tire City employees to direct traffic and handle money (if collecting tires, carpet, and appliances) 4 x $15/hour (approx.) x 8 hours Printing, signage & miscellaneous costs Total $ 265.00 No charge $208.00 (Charge to break even) $100.00 (Charge to break even) (Charge to break even) 480.00 50.00 $1,103.00 c1M V 23) 11 =-� k SUBJECT: SPECIAL COLLECTION OF RECYCLABLES August 19, 1991 Page Two County Funding: All costs listed above are eligible for 80Z County funding ($882.40) Estimated Cost to City $220.60 Plymouth's current waste abatement (through July, 1991) is 16.6X. That means we have collected 143 tons over the amount needed to date to meet our 16Z goal to maintain 80Z County funding. If recycling tonnages for the remainder of this year are consistent with those of last year, that margin would erode to 67 tons by the end of December. Should we encounter lower tonnages than last year in upcoming months, it is clear that we are running a risk of dropping below the 16Z goal, and losing up to $21,000 in County funding. I can't promise that this special collection will ensure meeting our goal, but I would hate to have not done all we can to meet it. MEV:kh attachment aM AUG 23'S l M E T R O P O L I T A N T R A N S I T C O M M I S S I O N 560 -6th Avenue North, Minneapolis, Minnesota 55411-4398 612/349 -RIDE (7433) TO: PLYMOUTH TDM COMMITTEE FROM: JUDY ORCHAR DATE: AUGUST 15, V91 SUBJECT: Plymouth Transportation Survey Attached is the Plymouth Transportation Survey respondent analysis that Kathy compiled for your information. Kathy has completed entering all the data for those companies who participated. Carlson Companies has not given us a definitive answer as to whether they will be participating in Phase I. At this point, we are expecting they will be part of Phase II. Kathy will start producing the company reports which will be completed within the deadline end of August. JAO/k1 Attachment CC: Kathy Laudenslager CIM WG 23`91 =- %I Plymouth Transportation Survey Updated 8/15/91 Number of Company Respondants Company Number of Number of Name Employees Respond&nts x CBM Company 40 38 95% Empros 500 256 51x Hennepin Tech 261 96 37x Buhler Inc. 300 166 55% Banner Engineering 230 136 59% Honeywell (Nathan Ln) 301 181 60x Prudential (Campus Dr) 971 926 95% Prudenital (Cty Rd 10) 1,273 567 45% ITT 380 142 ;�;/x Mammoth 300 121 407 Deltek 326 134 41% Log House Food 87 28 32% Wagner 250 145 58% United Hardware 200 128 64% Scoville Press 250 111 44%c Honeywell (Hwy 55) 648 316 49% Advance Machine 600 330 55% Snyder General McQuay 350 219 63% 7,267 4,040 56% elm AUG 23'�� =- e M E T R O P O L I T A N T R A N S I T C O M M I S S I O N 560 -6th Avenue North, Minneapolis, Minnesota 55411-4398 612/349-7400 August 6 1991 Mr. Frank Boyles Assistant City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Dear Frank: The city's traffic demand management program is a noble and concentrated effort to avoid government mandates on area roads. I understand that a part of your TDM program involves a survey to a number of employers. We are eager to see the results of that survey and hope that we can buy you a lunch sometime soon to review your own conclusions. We'll give you a buzz soon. Congratulations on an exciting project. rl, Jhichae sten on D.ief Administrator /dmk CIM AUG 23'91 CITY OF August 19, 1991 PUMOUTR SUBJECT: RESIGNATION OF FIRE CHIEF LYLE C. ROBINSON Dear Chief Robinson has informed me that he will retire at the end of this year. After 28 years in the fire service, 21 of them as a Fire Chief, he felt that now was the time and place to enjoy his retirement years with his wife, Joyce. During the approximately seven years that Lyle has been with us a number of changes have been made. Two new stations, the remodeling of a third, the purchase of new fire trucks, the addition of 20 new firefighters, and the upgrading of our Standard Operating Procedures, are just some of the many, many things that Lyle accomplished! When Lyle came to Plymouth in 1984, I specifically asked him to set objectives that would increase the capability of our Officer Corps and put in place a training program second to none. Lyle met those challenges! I'm not sure how long it will take to find a replacement for Lyle. Because of certain budget constraints, I would predict that a final decision would occur in 1992 rather than this year. Please join me in wishing Lyle and Joyce a very happy, well deserved retirement. Sincerely, Q4 -:k Richard J. Carlquist Public Safety Director RJC:ly cc: James G. Willis, City Manager ciM AUG 23'91 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 =-%S' August 19, 1991 CITV OF PLYMOUTH - Mr. John Derus Chair Hennepin County Board of Commissioners A-2400 Government Center Minneapolis, MN 55487 SUBJECT: REDISTRICTING COSTS Dear Mr. Derus: We understand that on August 27 the Board will be considering whether or not to levy $1.00 per capita to cover the County's and other local government's redistricting costs. This onetime special levy will not only assist the County, but also those communities in the County with populations greater than 30,000. We would appreciate your support and that of your colleagues in voting in favor of this onetime special levy of $1.00 per capita to assist in paying for these redistricting costs. Thank you for your consideration. Yours truly, aures G. Willis City\�Manager JW keec cc: Tad Jude, Hennepin County Commissioner Judy Makowske, Hennepin County Commissioner ciM Alli Z3'31 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 Minn' rBoardo?" WaterSoil Resources Southbridge Office Building 155 South Wabasha St., Suite 104 St. Paul, Minnesota 55107 (612) 296-3767 Fax (612) 297-5615 Regional Offices Northwest Region 1106 Paul Bunyan Drive, NE Bemidji, MN 56601 218-755-3963 Northeast Region 394 South Lake Avenue Room 403 Duluth, MN 55802 218-723-4752 Nest Central Region 503 Washington Street Brainerd, MN 56401 218-828-2604 South Central Region Box 756 New Ulm, MN 56073 507-359-6074 Southeast Region Friedell Bldg., Room 100 1200 S. Broadway Rochester, MN 55904 507-285-7458 Southwest Region Box 267 1400 E. Lyon Street Marshall, MN 56258 507-537-6060 East Central Region Southbridge Office Building 155 South Wabasha St., Suite 104 St. Paul, MN 55107 612-296-3767 An Equal Opportunity Employer S- % b August 15, 1991 To all Individuals Interested in Proposed 1981 -� State Rules Governing the Content Requirements for AUG Metropolitan Surface Water Management Plans;.V14UU1h Dear Sir or Madam: Z Over the past year, the Minnesota Board of Water and Soil Resources (BWSR), in conjunction with a 42 member advisory committee has been drafting proposed rules that will define the content requirements for Metropolitan Surface Water Management Plans. During this one- year process, the rules have been drafted and redrafted numerous times to respond to the concerns of the advisory committee members and the agencies they represent. Attached is a list of the advisory committee members, their affiliation, and phone numbers. As a culmination to this exhaustive rule drafting and review process, a set of rules (the 6th draft) has been prepared that we and almost all advisory committee members feel addresses the concerns of all affected parties to the maximum practical extent. To provide you with information on these rules, enclosed please find a summary and history of these rules, and a copy of the latest draft. In addition, six informational meetings have been scheduled. The purpose of these informational meetings it to assist attendees in becoming familar with the draft rules, answer questions, and accept input and comments from attendees on the rule content. The advisory committee will meet again in October to consider feedback received at these meetings. The BWSR intends to initiate the formal rule adoption process in December 1991, during which time there will be additional opportunity to provide comment. The informational meetings have been scheduled as outlined below. Date Time Location Tuesday, September 3 7:00 - 8:30 p.m. White Bear Lake City Hall Council Chambers 4701 Hwy. 61 White Bear Lake, MN 55110 c1M g)G 23'x' August 15, 1991 Page 2 S-N�0 Date Time Location Wednesday, September 4 7:00 - 8:30 p.m. Minnetonka City Hall Community Room 14600 Minnetonka Blvd. Minnetonka, MN 55345 Thursday, September 5 2:00 - 3:30 p.m. Burnsville City Hall Community Room 100 Civic Center Parkway Burnsville, MN 55337 Tuesday, September 10 9:00 - 10:30 a.m. White Bear Lake City Hall (See above address) Wednesday, September 11 9:00 - 10:30 a.m. Minnetonka City Hall (See above address) Thursday, September 12 7:00 -8:30 p.m. Burnsville City Hall (See above address) The general agenda for these meetings is as follows: I. Introductory Comments - 10 minutes II. Overview of Rules - 30 minutes III. Break into 4 Groups and accept comments and answer questions - 45 minutes IV. Closing Remarks - 5 minutes Individuals interested in attending these meetings should advise the BWSR of which meeting they plan to attend so that space requirements can be properly anticipated. Please call the BWSR at 296-3767 to reserve your place. If you have any questions concerning these meetings or need any additional information, you may contact Bruce Sandstrom, of my staff, at 297-4958. We hope the enclosed information and the upcoming informational meetings will generate a better understanding of the scope of and the need for these rules. We thank you for your involvement in this matter and look forward to working with you in the final development of these rules. Sincerely, ep-e, leg -to Ron Harnack, Executive Director Board of Water and Soil Resource /cmw-08081tr. Enclosure CIM AUG 2391 Metropolitan Watershed Management Planning Rules MinnesQto History, Summary and Questions Board of Water & Soil Resources 7/31/91 History of Local Water Planning in the Metropolitan Area The Metropolitan Surface Water Management Act was passed into law in 1982. The current law is contained in Minnesota Statutes Section 103B.201 to 103B.255. The local water plans which originate from the law are com- monly referred to "509" plans in reference to the 1982 ses- sion law of the original act. This act provided the basis for local watershed planning and management in the seven county metropolitan area comprising Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington Coun- ties. The original act mandated that comprehensive surface water management plans be developed for 46 separate watersheds in the metro area. A primary purpose of the Act was to provide for the more uniform, comprehensive management of surface water at the local level. Where no watershed district was in existence, local government was required to form a Watershed Management Organization (WMO) using joint powers agreements. The 10 existing watershed districts are now called WMOs and are respon- sible for the planning. The act was amended in 1987 to allow counties to develop groundwater j)lans on a voluntary basis. The amended law is now simply referred as the Metropolitan Water Management Act (Act). Status of Metropolitan Water Planning As of July, 1991, the Minnesota Board of Water and Soil Resources has approved 32 plans. Eight plans are in the state agency review process. The remaining six plans are either being developed, do not exist or are in the local review process.. Contact your city or town hall for the status of planning in your watershed. Rules Mandated for Metro Water Planning During 1989 a task force established by the legislature studied the status and effectiveness of the local water management planning activities brought about as a result of the Act. The task force concluded that there were both successes and failures. The failures were related some- what to lack of oversight and guidance by the state to the plan development and implementation process. Conse- ggently, pursuant to the recommendations of the task force, the 1990 legislature enacted a number of revisions to the Act (Chapter 601 of the Laws of 1990). One major revision of the Act required the Board of Water and Soil Resources (BWSR) to promulgate a rules to help guide and coordinate a number of aspects of metro watershed plan development and implementation. The items the 1990 law required the rules to address include: 1 joint powers agreement content; 2content of watershed plans; 3 content of local watershed plans; 4 annual reporting requirements; and 5 procedures for dealing with non-compliance. The Rule Making Process The BWSR developed the proposed rules with the as- sistance of a 44 member advisory committee. The ad- visory committee was comprised of interested representatives of nine watershed management organiza- tions (WMOs) and or cities, four watershed districts, four counties, seven soil and water conservation districts, eight state or regional agencies and nine associations or interest groups. The fust meeting of the committee was in Oc- tober 1990. The rule represents the consensus building ef- forts of the committee. The committee reviewed and commented on six separate drafts of the rules. Subcom- mittees of the group discussed in detail a number of is- sues, including wetland protection, water quality monitoring, stormwater design standards and plan im- plementation. Concept of the Rules About one half of the rules deal with the content of second generation watershed management plans of both watershed management organizations and of metropolitan cities and towns. The other half of the rules define such items as content of joint powers agreements, annual reporting requirements of watershed management or- ganizations and procedures for dealing with situations where plans are not being properly implemented. The rules will have an impact on all WMOs. General- ly, the rules affect least those WMOs who have estab- lished successful watershed management programs. The rules dealing with plan content are structured to "guide" the planning process instead of trying to prescribe the same solutions for every watershed. aM AUG 23'91 Commonly Asked Questions What is the Board of Water and Soil Resources? The Board of Water and Soil Resources (BWSR) was created by the legislature in 1987. It was formed by the merger of three existing boards, the Soil and Water Conserva- tion Board, the Water Resources Board and the Southern Minnesota River Basins Council. The Board is comprised of 12 voting members appointed by the governor who repre- sent primarily local units of government and the general public. There are also five non-voting members representing the Minnesota Departments of Natural Resources, Health, and Agriculture, the Minnesota Pollution Control Agency, and the University of Minnesota. Some of the major roles of the BWSR include the approval of local water manage- ment plans and the dissemination of state funds to local government for local water and soil management activities. Anotherprogram is the administration of a portion of the Reinvest in Minnesota program, aimed primarily at the preservation of wetlands. By what authority is the Board of Water and l Soil Resources developing these rules? Chapter 601 of the Laws of 1990 amended the Metropolitan Water Management Act to require the BWSR to adopt nines for a number of issue areas relating to the Act. Die nines were to cover such items as content of second generation metro waterplans, annual report requirements, content of joint powers agreements, and determinations relating to failure to implement. Since we've completed our plan and are now implementing ,it, why do we need rules? While the original Act was passed in 1982 there has been mired success with respect to implementation. In 1982, the concept broke new ground and, consequently, some "rough spots" began appearing. In 1989, the legislative task force discussed on the previous page was convened and studied the problem areas. The task force presented its findings in a report to the governor and legislature in December of 1989. Most of the task force's recommendations were imple- mented through the 1990 law revisions. It is the goal of the B IVSR to not interfere with successfid WMO planning ef- forts and to provide a more uniform approach to metro water management over a reasonable time frame. When will these rules become effective? These rules are draft rules only at the present. They were fonned with the assistance of the 44 member advisory com- mittee mentioned on the cover page. A series of public infor- mation meetings will be held to solicit additional input as to their content. After this additional input is considered, the BWSR will initiate the formal rule adoption process. After adoption, various sections are effective at different times, depending upon the final wording of the adopted version. How will the rules affect existing watershed :.management plans For their second generation plan each WMO will have to re-examine its goals, policies and programs to make sure that they are consistent with each other as well as with he rules. Some WMO plans may not need significant revision. This will largely depend upon how consistent the first genera- tion plan was with respect to the intent of the enabling legis- lation. Some second generation plans should comprise less bulk, since many plan data content elements will be allowed to be summarized and adopted by reference. How does the Wetland Conservation Act (WCA) of 1991 affect these rules? Most aspects of the WCA will be effective before the rules would affect the content of Metro water plans. The WC4 re- quires that local water plans be amended to "identify high priority areas for wetland preservation or restoration" but is silent as to when that must be done. However, some of the financial incentives contained in the WCA may not be avail- able to affected landowners until the WMO plan is amended to identify these areas. Consequently, many WMOs may be amending their plans prior to the scheduled date for revision to accomplish this. Further, some WMOs may find it advantageous to incorporate some of the con- cepts targeted for second generation plans at the same time they address the issues posed by the WCA. How can 1 be assured that my interests have been upheld by either the rule advisory committee or the BWSR? You can't be. But you can be assured that every sentence was carefully scrutinized by a group of individuals repre- senting very diverse interests. In the review process over 625 pages of written comments were submitted by the committee and were responded to in writing by BWSR staff. Extensive verbal discussions of issues took place at sir full committee meetings and at seven subcommittee meetings. The overall dedication of the advisory committee has been sincerely ap- preciated by the BWSR. For more information please contact the Minnesota Board of Water and Soil Resources: Phone: (612) 2974958 Address: Minn. Board of Water and Soil Resources 155 South Wabasha St. St. Paul, MN 55107 cim AUG 23'91 ciM AUG 23'91 BWSR - 509 ADVISORY COMMITTEE MEMBERSHIP NAME AFFILIATION PHONE NUMBER Mr. Cliff Aichinger Ramsey -Washington Metro WD 779-2207 Mr. Douglas Bade Carver SWCD 448-4986 Mr. Allan Baumgarten Citizens League 338-0791 Mr. Peter Beckius Scott SWCD 492-2636 Ms. Kim Benson Department of Health 627-5156 Mr. Fred Bergsrud University of Minnesota 625-9733 Mr. Gerald Butcher Assoc. of Metro Municipalities 420-4000 Mr. D'Wayne DeZiel Mn Assoc. of SWCDs 649-1440 Dr. William Downing Assoc. of Metro SWCDs 6446925 Mr. John Forrest Dakota County Planning 431-1158 Mr. Tim Fredbo Washington SWCD 439-6361 Mr. Lawrence Hamre Sand Creek WMO 469-2250 Ms. Jane Harper Washington County 430-6011 Mr. Charles Honchell Richfield -Bloomington WMO 881-5811 Mr. Robert Hutchison Anoka County 422-7068 Mr. Gunnar Isberg MWCC 222-8423 Mr. Marcel R. Jouseau Metropolitan Council 291-6359 Mr. Tim Kelly Coon Creek WD 755-0975 Mr. Leonard Kremer Consulting Engineers Council of Mn 830-0555 Mr. Donald Lofthus Nine Mile Creek WD 935-7475 Ms. Marilyn Lundberg State Planning Agency 296-0676 Mr. Paul McCarron Association of Nin Counties 571-7976 Mr. Fred Moore Shingle Creek WNIO 550-5080 Mr. Terry Noonan Ramsey County 482-5230 Ms. Barbara Ohman Dakota SWCD 463-8626 ciM AUG 23'91 BWSR - 509 Advisory Committee Membership Continued NAME Mr. Bill Ottensmann Mr. John Pauley Mr. Tom P. Petersen Mr. Ronald P. Peterson Mr. James Robinette Ms. Pat Rudolph Mr. Donald Rye Mr. James Schrantz Ms. Susan Scribner Mr. Joel Settles Mr. John Stine Mr. Jeff Stollenwerk Ms. Mary Jo Truchon Mr. Peter Vanderpoel Mr. Ken Vraa Mr. Paul Williams Mr. Mark Zabel AFFILIATION Six Cities WMO DNR Ramsey SWCD Wetland Forum Blackdog WMO Anoka County SWCD Bassett Creek WMO Lower Rum River WMO Riley -Purgatory -Bluff Creek WD Hennepin Conservation District DNR Metro Region MPCA League of Women Voters Citizens League Mn. Park & Recreation Assoc. Mn. Assoc of Watershed District Dept. of Agriculture -Agronomy PHONE NUMBER 780-6479 296-1548 488-1476 937-5150 469-4431 757-4221 924-2573 755-5100 949-9582 544-8572 772-7910 296-8385 757-3084 338-0791 454-8100 757-1812 297-3491 Tom_ `to ciM AUG 23'91 N N M,- %71 0�... Hennepin County commissioners support Deephaven resider eliminating garbage station in Plymouth ambulances may j Commissioner Tad Jude (District 5) and Commissioner Judy Makowske (Dis- trict 6), the two members of the Henne- pin County Board representing Ply- mouth, expressed strong support of re- vised plans from county staff that would eliminate plans to handle regular gar, bage at a new Plymouth transfer station. "Recycling has worked very well -in Plymouth and throughout Hennepin County," said Jude. "We have estab- lished a record in recycling 43 percent of our garbage last year. That means we simply do not need another garbage transfer station such as that proposed in Plymouth." Hennepin County's revised staff recommendation is to keep only recy- cling and household hazardous waste collection at the site of the proposed transfer station atthe northeast corner of Cty. Rd. 6 and I-494. "Constituent concerns about the num- ber of garbage trucks should be elimi- nated if the staff recommendations are adopted by the board," added Jude. "The new recommendations are good news for the neighbors who work and live near the proposed site." Commissioner Makowske, who 7TI WOOD CLINIC'y �.. PLYMOUTH PLAZA Shopping Center Hwy. 101 & Cty. Rd. 6 Ask Us About ' Lymes 1 Protection For Your Dog Drs. Kent & Nancy Hicks 473-7030 pushed for the updated estimate of gar- bage arbage flow which supports this recom- mendation, said, "More recycling and direct hauling to the garbage plant in downtown Minneapolis simply means we don't need the Plymouth garbage transfer station." Hennepin County owns one transfer station in Brooklyn Park which is not operating at full capacity and contracts for use of another station in Burnsville. A third station is planned to be built in the Phillips neighborhood of Minneapolis. That station will be smaller than origi- nally planned. "The county's priority has been on re- cycling and reduction of waste," said Jude. "We will save $10 million by eli- minating the Plymouth garbage site and reducing the Phillips garbage transfer station. The staff recommendation is solid in that it emphasizes recycling and still provides a convenient option for disposing of household hazardous waste." If you would like additional informa- tion on this or other issues before the Hennepin County Board, Jude or Ma- kowske are available at A2400 Govern- ment Center, Minneapolis, MN 55487. Open houses at Westonka schools Westonka primary school buildings at Shirley Hills and Hillop will host open houses for kindergarten, 1st grade and Adventure Club students and families on Wednesday, Aug. 28 from 5 to 7 p.m Adventure Club is the new school-age child care program, available at both school buildings this year. Students and families may visit the classrooms and greet their teachers during the open house sessions. Parents are urged to take this opportunity to start the year with positive communication between home and school. Shirley Hills PTA will serve a fast-food dinner at a nominal price at the school as a convenience for families. Also that same evening, an open house will be held at Grandview Middle School beginning at 7 p.m., especially for students enter- ing ntering grades five and six. For more information on the open houses and the start of the school year, call the school offices at: Grandview -472- 0391; Hilltop - 472-0355; and Shirley Hills - By Belinda Ostrowski Whether a new ambulance facility would ultimately threaten the safety of citizens or save lives was at the heart of an emotional debate at the Deephaven City Council meeting on Aug. 19. Several citizens in attendance said they believed speeding ambulances would hit and injure pedestrians. Con- cern was also expressed over the noise and lights of flashing sirens. However, improved response time, a virtual certainty with the proposed facil- ity, could save lives, said Mayor Cliff Roberts. "I really hope you'll take a care- ful look at what it means to us—helping people in dire need of emergency ser- vices," ervices," he said. Using Deephaven as a site foran ambu- lance garage has been discussed for about 21/2 years, said Roberts. Approxi- mately $200,000 has become available to the city through tax increment financing. This money can only be used for capital improvement projects. Plans were made to build a garage facility for city vehicles. Hennepin County Ambulance Service has ap- proached the City of Deephaven before about having an ambulance stationed at that site, said the Mayor. There is a concern about the length of response time, said Jennifer Peterson of the Hennepin County Ambulance Ser vice. "If the average run in a community is close to 10 minutes or over," she said. "We look at ways to deduce that time." Average response time in Deephaven Excelsior Apple D; Over 100 dealers in antiques, produce, apples, crafts and related items are an- ticipating the big Excelsior street mar, ket, the main event of the annual Apple Day celebration, Saturday, Sept 7. The day will also include a doll buggy/ red wagon parade, calliope music, an apple pie baking contest and much more. Some of the events have their roots in the Excelsior Apple Day celebrations of some 50 years ago, and some are newer innovations. Raffle tickets are being sold for $1 each for chances to win a quilt valued at $600, which was designed by Karol Plocher from The Sampler in Excelsior. For further information, look for up- dates in the Weekly News or call the Excelsior Area Chamber of Commerce at 474-6461. AUG 2, 31 _ Country -western X�- %-110 so. 10 cc � • Metro people/ • Satirical cartoon perks up y cit flier on state tax notice o f � � `•. -� r, r•. � r% e- festivals had caught the bin Co attention of Diane Vaughn, accordii Minnetonka communications pro-bW director. problerr c)1: •t _1 00 v� )•4 • JOL) When Minnetonka officials looked last year for attention - grabbing ways to explain state - ordered truth -in -taxation notices to residents, they came up with a novel approach — the satirical cartoon. They hired free-lance cartoonist Pete Wagner to illustrate a flier designed to show voters why the notices were so misleading. The flier was then distributed to the city's residents. Cartoons like this one by Pete Wagner are being used in Minnetonka to explain taxation notices. Tax levy Budget adoption Wagner's caricature work at another city -sponsored summer subject festivals had caught the bin Co attention of Diane Vaughn, accordii Minnetonka communications pro-bW director. problerr She said the flier was a huge success. "People appreciated having things explained to them so clearly and simply," Vaughn said. "People showed up at public hearings holding them up, and saying this is why they were there." In fact, the city is considering revenues The conce t mi catch -on Icor i next- er-ill wi11be — ma a available to 36 other me roro o -urea mmunities. CIM AUG 23'91 1�1EV�lE� ®�J�'L®®K Leti-ing Voters Decide Connecticut is now v Day 47 of its Budget Hostage Crisis. The legisla- ture and an apparent majority of voters don't want to create a state in- come tax; Connecticut is one of 10 states without one. Governor Lowell Weicker, a prickly inde.)endent, in- sists on using an income tax to close a $923 million deficit. Last week he ve- toed a non -income tax budget for the third time and the legislature again failed to override him. Perhaps the way to break Connecticut's stale- mate—and others that will no doubt develop elsewhere—is to let the people decide the issue in a referendum. Governor Weicker, elected with only 40% of the vote last ear, insists that only an income tax c• ,t truly bal- ance the state's budget and that the issue of government spf tiding is a "red herring" in the deb- .te. Legisla- tors say that the issue goes beyond this year's budget. "Once state gov- ernment has a claim on our pay- checks, it will never give it up," says M. Adela Eads, the GOP State Senate leader. States without an income tax also tend to have more econbmic growth than states with one. As an al- ternative, the legislature would ex- pand the sales tax to a variety of new products. Tom Scott, a former state senator, says opposition to an incoi ze tax isn't coming from those who would pay the most under it. Legislators from afflu- ent Greenwich and Stamford are the biggest supporters of an , r:ome tax. Many of their constituer r, already pay a hefty state tax on ins ,,stment in- come; that might be low, red with a broad-based income tax. "it's middle- income and working peoIe who are fighting this, Mr. Scott told us. To break the budget gri( lock, some legislators have indeed suggested let- ting the people decide on 3n income tax in a referendum. Last y ear, Bruce Morrison, the Democratic. candidate for governor, said such a major change in state finances shouldn't be made without consulting the people who would have to bear tl a burden. But Mr. Weicker, an hr,r to the Squibb drug fortune, is o,,enly con- temptuous of popular democracy. "We're not going to run tr a state by referendum," he says. "That comes every four years, and it'::-alled an election." Yet 22 states, mostly in the West and Midwest, provide for (!,sect voter lawmaking. As their resid,;nts see it, representative governmenc is impor- tant, but there are times v hen an en- trenched government be( )mes be- holden to special interests and refuses to solve pressing policy issues. Then the people should step in and do the job themselves. California's Prop 13 is only the most notable example. The right of initiative does not have to be absolute. Some states place limits on it. Nevada requires any new law to be approved twice by voters be- fore it takes effect. Massachusetts re- quires that any measure be submitted first to the legislature for a vote; only if it is rejected can it go on the ballot. Sometimes, the voters also fail. By passing the tax -cutting Prop 2% in 1980, voters thought they had con- tained the growth of Massachusetts' government. Michael Dukakis proved them wrong. Although many states have proven the value of initiatives, their potency means that most legislators in states without them bitterly oppose the idea. New Jersey provides a recent exam- ple. Voters are furious at how Gover- nor Jim Florio rammed through a re- distributionist tax increase using the state income tax that was first im- posed in 1976. Anti -tax groups say the only way to keep state spending under control is to vest the people with the power to change laws directly. For years, Republicans have sup- ported adding a right of initiative and referendum UR) to New Jersey's constitution. In 1986, the measure passed the State Assembly only to die in the Senate. But some GOP legisla- tors want it both ways. They publicly back I&R, but privately hope Demo- crats will defeat :: and keep the law- making power in Trenton. Last month, Democratic Senate leaders who opposed I&R forced the Republicans to put up or shut up. They moved to approve a GOP -backed initiative bill. Last year the Senate's GOP caucus had unanimously voted to get the same bill out of committee, but this year seven GOP Senators switched sides and defeated I&R. Such double-dealing by the state's Re- mocrats and Depublicans will only fuel voter support for the idea. Popular democracy is more than a way for voters to check the excesses of arrogant elected officials who make it nearly impossible for voters to oust them. If Connecticut and other states deny voters a chance to express their will on key issues, they risk creating an electorate mirzd in cynicism and alienation. Allowing the right of initia- tive would put voters once again in control of their destiny and would rep- resent a legitimate extension of the right to vote. CIM AUG 23'91 MCA -w NOTES CITY COUNCIL STUDY SESSION AUGUST 19, 1991 PRESENT: Mayor Bergman, Councilmembers Helliwell, Ricker Public Safety Building Cliff Wilson of Polson/Trossen/Wright reviewed the design development plans and work notebook with City Councilmembers. He indicated that the entry area would utilize concrete pavers. Councilmembers expressed concerned that the pavers may not provide the most slip resistant walking surface. Public Works Director Moore expressed concern that the pavers may be broken during snow and ice control operations. The suggestion was made that concrete could be used and made to look like brick. Cliff indicated that the two buildings would compliment one another to provide a campus atmosphere. Discussion ensued regarding the main upper level exit near the City Center sign and whether the driveway should be modified to ensure exiting traffic turns right., The Council discussed the proposed link between the Public Safety Building and Administration Building. The original plans were to provide the link as part of the City Center Building expansion, not the Public Safety Building. There was a concern that if the City Center expansion did not take place, then the link would not be constructed and access to the Public Safety Building would be difficult, especially during inclement weather. Councilmembers concurred that it would be appropriate to have the link bid as part of this project, but as an alternate. Its costs would be segregated from the total project cost. Steve Polson stated that the projected construction costs for the Public Safety Building are $2,787,000 versus a $2,789,200 budgeted. The next step in the process is to have Trossen/Wright begin to examine. and detail the type of materials to be used so that a complete and precise cost estimate can be prepared in conjunction with preparation of the final plans and specifications. Steve Polson recommended that Jack Tabery, Dick Carlquist, and Dennis Paulson review the design sketch and booklet to identify in detail those items which should be revised in the final plans and specifications. CIM AUG 23'91 NOTES - CITY COUNCIL STUDY SESSION August 19, 1991 Page 2 r Exvan Steve Polson addressed the issue of the City Center expansion. He stated that the 64% personnel projection was derived in the same fashion as the Public Safety study. In a worst case scenario, it would provide the City with additional expansion space beyond the 20 year timeframe of the current study. Councilmembers asked whether it was possible to revise the City Center study for a shorter timeframe. Steve Polson stated that the office sizes are based upon the same standards used for Public Safety and those which are generally accepted in the industry. The study session concluded at 6:30 p.m. FB:kec CIM AUG 23'91 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 22, 1991 TO: James G. Willis, City Manager FROM: Frank Boyles, Assistant City Manager SUBJECT: MEETING WITH RTB CHAIR MICHAEL ERLICHMANN On August 20 representatives of the Minnesota Valley, Southwest Metro, Maple Grove, and Plymouth transit systems met with Michael Erlichmann, Chair of the Regional Transit Board. The purpose of the meeting was to apprise Mr. Erlichmann of "Opt Out" system concerns in hopes that we could work together to resolve them. The concerns identified were: 1. Fares - The transit fare structure should be reviewed annually so that it is realistic. Opt out systems should have the flexibility of diverging from the metropolitan fare structure, particularly if their services offer features not typically found in regular route or para transit systems. 2. Capital Costs - The Regional Transit Board should take a lead role in facilitating an experiment to determine whether competition between the MTC and private sector transit companies can be facilitated by acquiring capital equipment for private companies to use. At present, they have to rely on their own line of credit to provide vehicles which means the vehicles are normally older refurbs which have been cast off by the MTC or other public transit authorities. Opt out community taxpayers pay twice for capital equipment. The first payment is made through the debt service levy annually made by the Regional Transit Board to acquire vehicles for the MTC. The second payment is made when each opt out community contracts with a service provider (presently the MTC), and in doing so, pays both operating and capital costs. A means must be found to eliminate this inequity and concurrently promote competition between public and private sector. CIM AUG 23'91 z- %vb MEETING WITH RTB CHAIR MICHAEL ERLICHMANN August 22, 1991 Page 2 3. Travel Demand Management - The Regional Transit Board should continue to provide travel demand management project assistance to communities requesting it. 4. Park and Ride Lots - The Regional Transit Board should assist communities in determining the most appropriate location and layout for park and ride lots. The RTB should act as a facilitator to obtain funding or in kind contributions for such improvements. 5. Opt In - The Regional Transit Board should encourage the concept of "opt in" whereby communities otherwise ineligible for opt out may have a greater say in the type of transit service they receive from the MTC instead of "taking what they get." Such a program will foster the involvement of other municipalities which will benefit the Regional Transit System through services better matched to community needs and increased ridership. 6. Contract Money Carry Over - Consideration should be given to allowing communities to carry over excess funds from one contract year to another. 7. Oversight - The standards established for transit systems are complex and extensive. The RTB should consider relaxing its oversight efforts. 8. Non Residents Using Opt Out System Services - The RTB should consider whether opt out communities should receive assistance for serving customers who originate outside of their city limits. 9. Tax Feathering - Cities should have the option to "unfeather" their tax levy if they desire to increase the amount of money available for funding transit. Mr. Erlichmann stated that he would bring these issues back to the Regional Transit Board. It is his interest to set up a meeting between opt out communities and the entire board sometime during September and October to further review these issues. FB:kec CIM AUG 23'91 h,*", August 23, 1991 (OR Mr. Michael Erlichmann CITU OFpLYMOUTI� Chair Regional Transit Board 230 East 5th Street St. Paul, MN 55101 SUBJECT: OPT OUT COMMUNITY MEETING Dear Mr. Erlichmann: On behalf of the participants of the August 20 meeting, thank you for taking the time to meet with opt out community representatives to discuss our concerns. Our hope is that this meeting will facilitate the establishment of a cooperative ongoing effort between the communities and the Regional Transit Board to resolve each of the concerns. The concerns identified were: 1. Fares - The transit fare structure should be reviewed annually so that it is realistic. Opt out systems should have the flexibility of diverging from the metropolitan fare structure, particularly if their services offer features not typically found in regular route or para transit systems. 2. Capital Costs - The Regional Transit Board should take a lead role in facilitating an experiment to determine whether competition between the MTC and private sector transit companies can be facilitated by acquiring capital equipment for private companies to use. At present, they have to rely on their own line of credit to provide vehicles which means the vehicles are normally older refurbs which have been cast off by the MTC .or other public transit authorities. Opt out community taxpayers pay twice for capital equipment. The first payment is made through the debt service levy annually made by the Regional Transit Board to acquire vehicles for the MTC. The second payment is made when each opt out community contracts with a service provider (presently the MTC), and in doing so, pays both operating and capital costs. A means must be found to eliminate this inequity and concurrently promote competition between public and private sector. CIM AUG 23'91 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 550-5000 Mr. Michael Erlichmann August 23, 1991 Page 2 3. Travel Demand Management - The Regional Transit Board should continue to provide travel demand management project assistance to communities requesting it. 4. Park and Ride Lots - The Regional Transit Board should assist communities in determining the most appropriate location and layout for park and ride lots. The RTB should act as a facilitator to obtain funding or in kind contributions for such improvements. 5. Opt In - The Regional Transit Board should encourage the concept of "opt in" whereby communities otherwise ineligible for opt out may have a greater say in the type of transit service they receive from the MTC instead of "taking what they get." Such a program will foster the involvement of other municipalities which will benefit the Regional Transit System through services better matched to community needs and increased ridership. 6. Contract Money Carry Over - Consideration should be given to allowing communities to carry over excess funds from one contract year to another. 7. Oversight - The standards established for transit systems are complex and extensive. The RTB should consider relaxing its oversight efforts. S. Non Residents Using Opt Out System Services - The RTB should consider whether opt out communities should receive assistance for serving customers who originate outside of their city limits. 9. Tax Feathering - Cities should have the option to "unfeather" their tax levy if they desire to increase the amount of money available for funding transit. To begin to resolve these issues it is important that the Board be aware of and supportive of initiatives to address the concerns. Therefore, a meeting between opt out community representatives and the board members is the next appropriate step. To expedite matters, I suggest that this meeting take place on a Monday afternoon prior to a Board meeting. This should mitigate against the difficulty you have had in getting Board members together. I understand that the entire Board is meeting at 4 p.m. September 16 and October 7. Perhaps a meeting could be arranged for 2 p.m. on either of these dates. CIM AUG 23'91 Mr. Michael Erlichmann August 23, 1991 Page 3 If the Board is able to schedule a meeting at their September 3 meeting, I would be glad to handle the invitations to the participating copfunities. Frank foyXes" Assistkellt City Manager FB:kec cc: Mayor & City Council James G. Willis, City Manager Ruth Franklin, Regional Transit Board Diane Harberts, Southwest Metro Transit Beverly Miller, Minnesota Valley Transit System Jon Elam, City of Maple Grove CIM a 23'91 = \� {���e of t1�Te ,Sfr�rrtf .ON OM00- SHERIFF ' 6 COURTHOUSE DON OMODT.�,p�'� MINNEAPOLIS, MINNESOTA 55415 (612) 348-3744 August 20, 1991 The Honorable Kim M. Bergman Mayor, City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Dear Mayor Bergman: In accordance with Minnesota Statues, I am enclosing a copy of the Lockup Inspection Report of your facility. This inspection was conducted by Captain Jalma of the Hennepin County Sheriff's Department, and copies of the report have also been forwarded to the Commissioner of Corrections and to your Chief of Police. If you have any questions regarding our findings and written comments, please feel free to call me at 348-4946 or Captain Jalma at 348-8358. Sincerely, DON OMODT, SHERIFF By: David T. Hile Inspector DTH:dj Encl. cc: Commissioner of Corrections Chief Richard Carlquist CIM AUG 23.'91 Minn. Stat. 387.03 "The sheriff shall keep and preserve the peace of his county. Cet�fe+,• ' S+ STATE OF MINNESOTA T1:�1ic�t• DEPARTMENT Of CORRECTIONS 450 No. Syndicate St., St. Paul, MN 55104 SHERIFF LOCKUP INSPECTM REPORT City or village Plymouth Couaty Hennepin Type of i.ockup:X� City Village Used by Nwicipulity and Cotraty Nasse of Officer in Charge_ Richard Carlquist Title Chief Mayne Mr. Kim Bergman Clerk Laurie Rauenhorst A. Atlwlnist &tion 1. How is prisoner register kept? Good ( X) Fair ( ) Poor ( ) 2. How are firearms, tools, etc., safeguarded? Well ( X) Poor ( ) 3. How is fire protection? Good ( X ) Fair ( ) Poor ( ) A. How often are prisoners checked? Every—L/2 Mrs. S. How long are prisoners held? Maximum Time 5-6 hours Average Time 1 hour 6. Is a Jailer or Custodian always present when someone is being held? Yes ( X) No( ) If not, explain procedure used: 7. Does Jailer or Custodian sleep nights while on duty? Yes ( ) No(X) S. Do security procedures appear proper? Yes (X ) No( ) 9. What is general condition of cleanliness? Excellent ( ) Good ( X) Fair ( ) Poor ( ) 10. Is lockup swept every day? Yes ( X) No( ) 11. Is lockup thoroughly cleaned at least once every two weeks or whenever &ceded? Yes ( X) No( ) COMMENTS: d. Building 1. General condition? Excellent ( ) Good ( X ) Fair ( ) Poor ( ) 2. Are safety screens provided? Yes ( ) No ( X) What are their condition? Good ( ) Fair ( ) Poor 3. Does jailer or Custodian have suitable space? Yes ( X) No ( ) 4. What is condition of windows? Good ( X) Fair ( ) Poor ( ) COMMENTS: ITEM #4: no windows in cell area C. Cells 1. Operation of cell doors? Good ( X) Fait ( ) Poor ( ) 2. Condition of cell locks? Excellent ( ) Good ( X) Fair ( ) Poco ( ) 3. Type of cell locks? Keyed, snap ( ) Keyed, bolt ( X) Padlock ( ) Remote control ( ) COMMENTS: D. Bedding 1. What is supplied? None ( ) Mattress ( ) Mattress covers ( ) Sheets ( ) Pillows ( ) Pillow cases ( ) Blankets ( X ) 2. Is clean bedding issued to each prisoner? Yes ( ) No ( X) If not, explain procedure Blankets _ issued only on request 3. Are blankets kept clean and fresh? Yes ( X) No( ) COMMENTS: E. Plum..6ins 1. Does each cell have a toilet? Yes ( X) No( ) 2. Does each cell have a washbasin? Yes (X ) No( ) 3. Is there a shower for prisoner use? Yes ( X) No( ) 4. If answer is no to any above; Explain: 5. How is drinking water supplied? Fountain ( X) Faucet( ) Paper cups ( ) Other ( ); Explain: 6. Cleanliness of fixtures? Excellent ( ) Good ( X) Fair Poor 7. Condition of plumbing? Excellent ( ) Good ( X) Fair ( ) Poor ( ) COMMENTS: P. Heating and Ventilation 1. Heating system: Furnace ( ) Steam ( ) Hot Air ( X) Other ( ); Explain Central heating and air conditioning 2. Heat supply: Excellent ( ) Good ( X) Fair ( ) Poor ( ) 3. Ventilation: Winter: Good ( X) Fair ( ) Poor ( ) Summer: Good ( X) Fair ( ) Poor ( ) A. Condition of windows: Good ( ) Fair ( ) Poor ( ) ' S. Condition of screens: Good ( ) Fair ( ) Poor( ) clivi AUG 2 (� "� 6. Is there danger of prisoner asphyxiation? Yes ( ) No (X ) COMMENTS: ITEMS #4 & 5: no window or screens in cell area G. Lighting 1. Amount of light: Days: Good (X ) Fair ( ) Poor ( ) Nights: Good (X ) Fair ( ) Poor ( ) 2. Wiring: Excellent ( ) Good ( X) Fair ( ) Poor ( ) 3. Are switches and fixtures out of reach of prisoners? Yes ( X) No ( ) 4. Are cells well enough lighted for reading? Yes ( X) No ( ) How well? Good ( )' Fair ( X) Poor COMMENTS: H. Medical and Health Services 1. Is illness given immediate attention? Yes ( X) No( ) 2. Is a doctor readily available? Yes ( X) No( ) 3. Is a hospital available? Yes ( X ) No ( ) Distance from Lockup? 12 miles to North Memorial 4. First aid supplies? Good ( X) Far ( ) Poor ( ) None ( ), COMMENTS: Paramedics stationed in city Food 1. Is food prepared at lockup? Yes ( ) No ( X ) 2. Who supplies food? The Plymouth Perkins Restaurant is the primary provider of food 3. Preparation: Excellent ( ) Good (X) Fair( ) Poor { ) 4. Quantity: Good( X ) Fair ( ) Poor ( ) S. Temperature when served? Hot (X ) Cool ( ) Cold ( ) 6. Cleanliness in food serving? Good ( X) Fair ( ) Poor ( ) COMMENTS: J. Point and General Appearance 1. Outside appearance: Good (X) Fair ( ) Poor ( ) 2. Interior appearance: Good ( X) Fair (_ ) Poor ( ) 3. Paint condition: Excellent Good Fair Poor - Ceilings ( ) ( X) ( ) ( ) - walls ( ) ( X) ( ) ( ) - Floors ( ) ( X) ( ) ( ) - Cellwork ( ) ( X) ( ) ( ) 4. Painting needs: None S. General cleanup needed: None 6. Improper use of detention space? Yes ( ) No ( X) Explain: _Total bookings for 1990: 391 males, females) 322 69 K. Reeowmendetions: Annual fire inspection report has not been received. When _ received it will be forwarded. *****Fire Inspection Report is attached -- rprpivpri Geta of inspection July 19 , 19 91 Signature of Shetittor Detury DISTRIBUTION BY SHERIFF Hennepin ClMG.4t1�,.23'9� rvv Governing Body o/ Alwicipaliry Minneapolis Cowrtr Sent Cowenissioner o/ Corrections - f Shrrr/fsFile (XNcjude -A� c iNspep-4 r old �-epor+ 1 -� 0 1991 10:21 612 550 5167 PLYMOUTH PUBLIC SAFETY P= PLYMOUTH DEPARTMENT OF PUBLIC SAFETY DIRECTOR RICHARD J. CARLQUIST DATE : ? — Z 5- rf 3400 PLYMOUTH BOULEVARD PLYMOUTH, HN 55447 (612) S50-5160 TO: 4r. Ett FROM: Gr: QRkU/S &y,( r0A1 70 (NAME) (NAME) p �y (EXTENSION) RECEIVER TELECOPIER NUMBER: NUMBER'OF COPIES INCLUDING COVER SHEET: TIME SENT: 1 Total number of pages (including this cover page). all pages, contact 550-5160. COMMENTS: 11 if you do not receive 00 Plymouth Police Department fax number: 550-5167 CIM AUG 23.'91 A 67� 1991 10:21 612 550 5167 PLYMOUTH PUBLIC SAFETY CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH MINNESOTA 65447 Date: PHONE: 559.2600 EXT. 385, 974 L` FIRE DEPARTMENT/FIRE PREVENTION Time: n Correction Notice Occupant Name: Phone: Address: Owner of Premiooa: Phone: In aocordanoe with the provisions of Minnesota Statute 299F.011, Minnesota Uniform Fire Code, Inspection of the above premises was completed and the following violations and/or deficiencies were noted requiring corrective action. The ownerioccupant must submit a signed letter to the fire department stating that the noted violations have been completed. An appeals procedure is available by statute. The following constitutes Improper work and/or a violation of fire codes or city codes. Code Violation Summary I Code Violation Summery JO NOT REMOVE THIS - DO NOT COVER WORK UNTIL RLIN$PECTED. Cim aJG 23'91 PLEASE MAKE CORRECTION AND CALL FOR REINSPECTION WITHIN: CITATIONS MAYBE IS ED ON ILURE TO COMPLY. IT IS THE RESPONSI LITY O • H R/OCCUPANT TO CALL F SP TI AND ARRANGE FOR ENTRY. RIMMM - - 1�/ MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 17, 1991 TO: Director Carlquist FROM: Lt. Dennis Paulson SUBJECT: SELECTIVE TRAFFIC ENFORCEMENT S.E.A. #91-10 and 91-11 Urbandale ln. 24th. to 30th. Four one hour stationary radar assignments have been completed in response to the speeding complaints in this area. Traffic in both directions was clocked during this assignment. The posted speed limit at this location is 30 M.P.H. MPH 20/Less 20/25 26/30 31135 36/40 41145 46/50 51155 07-30-91 AM Cars /Misc : 00 15 01 01 00 00 00 00 07-29-91 AM Cars/Misc: 02 05 04 00 00 00 00 00 07-30-91 PM Cars/Misc: 02 06 03 01 00 00 00 00 07-29-91 PM Cars/Misc: 02 09 22 13 04 00 00 00 SUMMARY: 20/Less 20/25 26/30 31/35 36/40 41/45 46/50 51/55 Cars/Misc: 06 35 30 15 04 00 00 00 = 90 Percentage: .07 .39 .33 .17 .04 .00 .00 .00 = 100 VIOLATIONS- Tags issued: 02 Warnings: 00 CIM AUG 23'91 Minnesota Fair Share Reformer- TO: MINNESOTA FAIR SHARE MEMBERS FROM: DEIRDRE M. GRISWOLD, CHAIRMAN RE: REPORT ON THE 1991 LEGISLATIVE SESSION I hardly know where to begin to report all that has happened to the taxpayers in this state as a result of the 1991 Legislature, but I will report that we would all be better off financially if the Legislature had never met. WHY? We began this session with a $1.2 Billion dollar deficit and ended up with a 8.2% (608 Million) spending increase. I don't know about you or the way you run your business or household, but I don't think the best way to solve a deficit is to increase spending and raise more taxes, especially during a recession. I would think you would cut - cut - cut! We have been overspending for so long in this state, in fact 57% above inflation, that it must seem a natural way of doing business for most of our elected officials. There are some legislators that do see the gloom and doom ahead but they are too few to do too much. Mn. Fair Share intends to be a report card for our members and we will let you all know before the elections just who did what and how much it saved or cost us. NOW FOR SOME FACTS! I will try to describe the property tax system that is in place today even though I don't totally understand it. WHAT HAPPENED? We were instrumental in the removal of the third tier (3%) on homestead property. The top tier will be 2.5% in pay 1992 and 2% in pay 1993 at which time there will be a two tier system, 1% on homes valued below $72,000.00 and 2% on homes valued above $72,001.00. Do you think that someone who lives in a $80,000.00 home has more income than someone who lives in a $70,000.00 home? I don't think that assumption is true, but the Legislature believes that and taxes us that way, so we still have a lot of work to do. CIM AUG 23-'91 i. SOOL k - The real culprit in this mess is SPENDING. Spending increased 8.2% this year so you can expect property taxes to rise 8-13% state wide next year even with the new, much publicized Local Option Sales Tax. Has your income gone up at the same rate? THE LOCAL OPTION SALES TAX What a joke, and it's on us! It never was an option and it is certainly not local, but if the local governments didn't vote in favor of the increase they would lose whatever government aid they were presently getting, and when they voted in favor of it they would have to raise more money to get the same aid as they got last year. I call the Local Option Sales Tax the Son of Fiscal Disparities, since that is precisely what it is. Hennepin County will have to raise 67 Million dollars more in sales tax money to get the same state aid as last year. I will attempt to explain why and how as best I can. In 1991 the Local Government Aids paid out by the state equalled an amount that was the same approximately as one-third of the total sales tax collected (2 cents). Because of the deficit and because the system was broken, the Governor wanted to cut back on providing aid to local governments and wanted to make the local governments more accountable for their spending habits. There was an uproar and truthfully there are some local governments that would cease to function without the aid, so the legislature decided that it would establish a Trust Fund and fund it with a sum equal to what it paid out in government aids (HACA, etc.) in 1990. It was decided that in order to qualify, the local government (county, city, towns) would have to vote to impose an increase in sales tax by 1/2 cent and they would add an additional 1 & 1/2 cents to it. It sounds good, but what is really happening is that with the old system 4 cents was going into the States' General Fund and now it is 4 & 1/2 cents. In other words the State is getting more money and my question is, "Is it a local tax when the State is getting it?". Another problem with this system is that the Trust Fund will contain 700 Million dollars and I think the temptation to tinker with it (fund additional programs with the money) is much too great. The distribution of the moneys will follow current law for fiscal '92 & '93 but the distribution for fiscal 94 has not been determined. I believe that we need a Constitutional Amendment that this Trust Fund can only be used for Property Tax Relief. WHAT CAN WE DO? We have to get on the spending side of this spend and tax see -saw. We have to tell government how much of our money they have to spend. What I would like is to have citizens represented at all times, in all decisions, down at the Capitol. We can do that by having our Fair Share people present at all spending and taxing meeting the both the House and the Senate and reporting back to out members. We need to ask questions such as "Is it cost effective?" and 'How are we going to pay for it?" We also need to be an organization that can give our elected officials the courage to make the right decisions. CIM AUG 2 3191 =- a WHAT CAN YOU DO? All these plans cost money and we really need some. I promise that if you can give us a little, we can save you a lot! We have a proven record and you know that we will not drop the ball. We are here to stay and we will continue to stay on top of these issues and work toward our Mission Statement, A flat rate pro,perU_.tax and no increase in any taxes. We also need more people to join up with us. Would you please get five new people to join our organization and send us $25., $50., or $100. or more along with your contribution. I want to personally thank all of you for your support. Many time during the past few months, I have thought about throwing in the towel, and then one of you would give me a call, or send a nice note, or write an article for the newspaper and say nice things about Mn. Fair Share and I would be recharged. Thank you, Thank you, Thank you. We can make a difference - a positive difference. I have not acted alone by any means. I have a strong and active Board of Directors, and some truly wonderful advisors who have helped every step of the way. I am truly thankful to each and every one of you. We still have quite a job to do, but look at what we have already accomplished. We will succeed! Sincerely, Deirdre Mrnnu+ MINNESOTA FAIR SHARE REPLY FORM, 01 1 > 1� ! I fully support Minnesota Fair Share's efforts to property' la X- ftforrrL reform our state's current Property Tax System. I want to help Minnesota Fair Share and have enclosed a donation of: ( )S100 ( ) $50 ( ) $25 ( ) $10 ( ) Other $ I also would like to volunteer for. Office work Petition Drive Name Address City/Stale/ Zip _ Phone Fund Raising Community Organization Please make checks payable to: Minnesota Fair Share, Inc. 3050 Metro Boulevard • Suite 113 • Bloomington, AIN 55425 CIM AUG 23'91 TEDEPARTMENT �SnTATE OF UPJ [2 S (OVCr- OF NATURAL RESOURCES 500 LAFAYETTE ROAD, ST OFFICE OF THE COMMISSIONER August 13, 1991 Mr. Lawrence P. Marofsky Boulevard Plaza Office Suites 7022 Brooklyn Boulevard Minneapolis, Minnesota 55429 Dear Mr. Marofsky: Z QQJC` PAUL., MINNESOTA 55155-4037 < <t Rr --)NR INFORMATION 12 296-6157 1:AUG T y Thank you for your July 31, 1991 letter expressing concerns of the Vern Reynolds Construction Company regarding the proposed Northwest Boulevard project in Plymouth. This Department's Region 6 staff is reviewing the city of Plymouth's permit application to work in DNR -protected wetlands for the construction of Northwest Boulevard. In order to grant a permit, this Department is required to verify that the public need for the project rules out the no -build alternative, and that there is no other feasible and practical alternative to the project that would have less environmental impact. The amount of wetland filling is a major consideration in our review; however, the review of environmental impacts is much more inclusive than just the area of wetland filled. Early in the review process it was determined that additional information on the alternative alignments, including the no -build alternative, was needed. A thorough investigation of all available data on various alternatives and their associated environmental impacts is ongoing. The Department has committed to preparing a draft decision for public review which we anticipate will be available in approximately 6 weeks. The Department has also committed to holding a public input meeting approximately 30 days after the draft decision is released. The comments in your July 31, 1991 letter will become part of the record; in addition, a copy of the draft decision and the notice of the public meeting will be provided to you. Please contact John Linc Stine, Regional Hydrologist, at 772-7910, should you have further questions. You s tru'1 odne W. Sando Commissioner cc: Kent Lokkesmoe Jo Linc Stine im Willis, City of Plymouth CIM ""r' 17'91 AN EQUAL OPPORTUNITY EMPLOYER LAWRENCE P. MAROFSKY RICHARD S. VINITSKY LAW OFFICE LAWRENCE P. MAROFSKY BOULEVARD PLAZA OFFICE SUITES 7022 BROOKLYN BOULEVARD MINNEAPOLIS, MINNESOTA 55428 612-566-4570 July 31, 1991 Rod W. Sando Commissioner DEPARTMENT OF NATURAL RESOURCES 500 Lafayette Road St. Paul, MN 55155-4037 Re: Proposal of the City of Plymouth for Construction of Northwest Boulevard Our File No. 9444-01 Dear Commissioner Sando: ...1•.._ Qa dk . OF COUNSEL TODD R. PAULSON FAX: 612-566-4572 RECEIVED AU G 2 1991 COMMISSIONER Please be advised that this office represents Vern Reynolds Construction Company, Inc., the owner of the land which has been platted as Bass Lake Terrace, a development consisting of 122 lots. The East side of Bass Lake Terrace abuts the current thoroughfare guide plan for Northwest Boulevard, otherwise known as County Road 61. The current guideplan has been on the City's books for some 20 years. This is the alignment currently being called "A -D". My client purchase this land some 8 years ago with the knowledge that the thoroughfare guide plan came through it in its current configuration. My client has been advised that some of the resi- dents along the alignment to the South now desire to move the alignment of Northwest Boulevard to the West, following an align- ment which they call "A-E". Vern Reynolds Construction Company, Inc. received prelimi- nary plat approval for Bass Lake Terrace last fall, prior to any concerns with respect to Route A -D. Bass Lake Terrace lies Northerly and includes some of the land designated as DNR Wetland 590W. It is my understanding that the proposal of the proponents of A-E indicate that this is a reasonable alternative. It is my understanding that they propose that the environmental impact of A-E will be less than the impact by A -D. According to the report of Stargar-Roscoe-Fausch, Inc., dated June 21, 1991, the impact on the Wetlands of Alignment A -D would be 2.1 acres with the understanding that there would be an at -grade separation. According to the railroad, an at -grade -1- LSM a 23'91 separation will be necessary no matter what configuration the Northwest Boulevard takes. According to Stargar-Roscoe-Fausch, Inc., the A-E alignment would have an impact of 4.1 acres on the same Wetland 590W, plus other wetlands. The A -D alignment would affect what appears to be DNR 590W and possibly a piece of DNR 591W. The A-E alignment would affect 590W, 592W, and 593W. while the individuals who are presenting the alternative A-E indicate that A-E will have less impact on the residents, they only speak of the current residents. Obviously, there are going to be 122 neighbors who are going to be affected by the alignment of A-E. I speak for those people. On behalf of the 122 prospective residents of Bass Lake Terrace, we must protest the alignment A-E. It appears that it is merely a matter of "not in my backyard" to move the existing alignment to a configuration which will have a substantially greater impact on the environment. Not only is there the impact of the road itself, but moving the road, or having the road adjoin DNR 590W looping around the long way, will also increase the likelihood of pollution and atmospheric deterioration of the ecology of the area. There will be a greater expanse of roadway within a reasonable proximity to a wetland, and that roadway is designed to be a very heavily traveled road. As Stargar-Roscoe-Fausch, Inc. proposed the shortest route will reduce the environmental concerns, while a longer route would exacerbate them. Even 'the consideration of installing a grade separation, while expensive, and while it might cause greater initial activity on the wetland, the long term effect would be beneficial because there would be no need to have cars stopped at an at -grade crossing while trains run back and forth. This, of course, will reduce the carbon monoxide and other obnoxious odors. In addition to the 122 residents of Bass Lake Terrace, pro- posal A-E would require acquisition of land from Hennepin County Parks, thereby reducing parkland available to all residences of Hennepin County as well as the State of Minnesota, and will also have impact on future transportation plans in the City of Plymouth. Given all of the concerns above, I think it is quite clear that proposal A-E is not a reasonable alternative and the permit should be granted for A -D. I would also have to indicate that in looking at the environmental impact of A -D, we must also look at the impact on the individuals and on financial considerations. The last item -2- CIM a 23'91 =:Laz is probably the lowest concern, and should not predicate a deci- sion which would cause a substantial adverse effect to the eco- logy. Nevertheless, the residences currently abutting the proposed A -D alignment bought their land knowing of the A -D alignment, expecting the A -D alignment, and anticipating the A -D alignment. The Bass Lake Terrace land did not anticipate this, was not designed for it, and the effect on the individuals within Bass Lake Terrace, even the unplatted portion, will be substan- tial. The financial effect effect on my client will be substan- tial. Not only will market values substantially decline, but we anticipate that if the A-E alignment is proposed, to have to increase density to make up for the amount of land being taken for the A-E alignment. This increased density, of course, would further impact the wetland. We urge you to grant the permit for the A -D alignment. Yours truly, LAWRENCE P. MAROFSKY LAW OFFICE Lawrence P. Marofsky LPM:bb cc: V. Reynolds John Stine, DNR Ceil Straus, DNR -3- c"m AUG 23SI Blue and Gold Company c/o GONYEA LAND COMPANY 9100 WEST BLOOMINGTON FREEWA MINNEAPOLIS. MINNESOTA 55 TELEPHONE (812) 888 August 15, 1991 City of Plymouth ATTN.: Mr. Jim Willis, City Manager 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Mr. Willis: =' Qab I am writing in reference to your letter concerning the extension of the easement until November 1, 1991. As per the agreement reached at the meeting at the job site Monday, August 12th, I hereby grant the extension of the easement on the Curtis Lake Second Addition until November 1, 1991. I appreciate the action that was taken concerning our request to avoid further delays on the project. Your truly, 9 Darrel Gonyea Blue and Gold Company DG:dp CSM AUG 23'91 August 22, 1991 Mr. Skip McCombs McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North Plymouth, MN 55447 SUBJECT: PROPOSED PLYMOUTH AMPHITHEATER - PLYMOUTH CIVIC LEAGUE Dear Skip:. This letter confirms the Council's August 19 action to endorse the Plymouth Civic League's proposal to utilize the "theme center site" located at 37th and Plymouth Boulevard as the future home of Music in Plymouth. The Council understands that the Plymouth Civic League has been successful in receiving donations of the surveying, grading, and electrical work required to complete this site. The Civic League requested, and the City Council agreed, that the City would provide and apply the seed to establish turf on this property, if needed. I believe Eric Blank is in the process of obtaining the necessary permits in order that the work can be undertaken as quickly as possible. If you have any questions, feel free to contact Eric at 550-5131. On behalf of the City Council and staff, thank you and the Plymouth Civic League for your aggressive efforts to ensure that this project is completed so that others can enjoy Music in Plymouth for years to come. Sincerely, �ame\s G. Willis it3�Manager FB:kec cc: Eric Blank, Director of Park and Recreation CIM AUG 23'91 3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447, TELEPHONE (612) 550-5000 .1OT: Q Mr. Steven C. Rathke Lommen, Nelson, Colen, Stageberg, P.A. 1800 IDS Center 80 South 8th Street Minneapolis, MN 55402 SUBJECT: REQUEST FOR PROPOSALS FOR PROFESSIONAL LEGAL SERVICES Dear Mr. Rathke: Thank you for your response to our Request for Proposals for Professional Legal Services. I, along with members of my staff, have begun to initially review the seven proposals submitted to us. I anticipate that this effort will require approximately two more weeks. At the conclusion of that initial review, I will be in personal contact with you in order that we may schedule a joint meeting to further discuss your proposal and your firm's qualifications. As noted in my Request for Proposals, I intend to recommend to the City Council the law firm which best meets the needs of the City with respect to legal services. That final approval, of course, will ultimately rest with the Plymouth City Council. I appreciate your interest in Plymouth as evidenced by your submitting the proposal. If you have any questions about the process I am embarking upon with respect to this matter, please don't hesitate to contact me. Yours truly, James G. Willis City Manager kec CIM AUG 23'91 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 Mr. Steven C. Rathke 336-9305 Fax: 339-8064 Locomen, Nelson, Colen, Stageberg, P.A. 1800 IDS Center 80 South 8th Street Minneapolis, MN 55402 Mr. Mark Haggerty 593-9920 Fax: 535-5149 Haggerty & Associate Suite 100 8325 Northwood Parkway Minneapolis, MN 55427 Mr. Timothy E. Marx 223-6666 Fax: 334-8650 Briggs & Morgan 2400 IDS Center Minneapolis, MN 55402 Mr. Roger Knutson 456-9539 Fax: 546-9542 Cambell, Knutson, Scott, & Fuchs, P.A. Yankee Square Office III Suite 202 3460 Washington Drive Eagan, MN 55122 Mr. William R. Soth 340-2969 Fax: 340-2868 Dorsey & Whitney 2200 First Bank Place East Minneapolis, MN 55402-1498 Mr. James J. Thomson 337-9209 Fax: 337-9310 Holmes & Graven Chartered 470 Pillsbury Center Minneapolis, MN 55402 Mr. Henry E. Mueller 546-9000 Fax: 545-4232 Grannis, Grannis, Hauge, Eide, Anderson, & Keller, P.A. 200 Town Centre Professional Bldg. 1260 Yankee Doodle Road Eagan, MN 55121-2201 Mr. Robert Meller Mr. Allen Barnard Mr. Marinus Van Putten 339-7121 Fax: 339-5897 Best & Flanagan 3500 IDS Center Minneapolis, MN 55402-2113 c►M mr, 23'91 POLSON/Trossen/Wright A Joint Ventwe 2701 ROCKCREEK PARKWAY, Suite 220, N. KANSAS CITY MO 64117, (816) 474 9909 D 405 SIBLEY STREET, State 230, ST. PAUL MN 55101, (612) 222 1244 August 20, 1991 Jim Willis, Manager City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Jim: M- Zkp;le�. You now have a completed design for the Public Safety Building. I am proud of the level of detail and pleased at how well the structure will complement the existing structure. With Design Development phase approval, Trossen/Wright will take over as the primary service provider. Nonetheless, we remain responsible for the building's appearance (inside and out) and share responsibility for all aspects of the resulting structure. Please feel free to call if you have a question or concern. The Council acted to add an enclosed connecting link between the Public Safety building and the existing building, as part of the project. The link is to be bid separately so that the cost can be identified and essentially added to the contractual budget figure. We will develop the design and send you documentation when complete. With your consent, Trossen/Wright will follow through with the related construction documents. We are very able to provide the necessary services associated with furnishings for the Public Safety structure. You will receive a description of -services soon. Sin R. Polson cc: Mike Trossen CIM AUG 23'91 Virginia & Charles Smith 17125 - 28th Place North Plymouth, MN 55447 Kathleen & John Kane 17115 - 28th Place North Plymouth, MN 55447 August 16, 1991 Mayor Kim Bergman City of Plymouth 3400 Plymouth Blvd. Plymouth, Mn 55447 Dear Mayor Bergman, At the council meeting on 8/5/91 at which the Shiloh Park improvements were approved, there was discussion by a third party concerning the drainage on the park land behind our properties. Our homes are located at 17115 and 17125 28th Place North. The council went on record at this meeting as intending to look at the drainage caused by the run off from the park land at the top of the hill. Since our properties could be directly affected by your decisions, we would like to be kept informed of any meetings that would address this issue so that we can give our input. Thank you. Sincerely, Virginia Smith Kathleen Kane cc: Eric Blanc Carole Helliwell Lloyd Ricker Maria Vasiliou Bob Zitur Charles Smith John Kane EllE!i .. CIM AUG 23-91 August 20, 1991 Mr. Jim Larson C.S. McCROSSAN, INC. Box 247 Maple Grove, MN 55369 aa� PITVf PLYMOUTFt SUBJECT: 1991 STREET RECONSTRUCTION - PHASE I CITY PROJECT NO. 102 Dear Mr. Larson: It was brought to my attention that your crews delivered construction equipment today at approximately 4:15 a.m. near the intersection of 39th and Zachary. The equipment that was delivered is for paving in the city street reconstruction area east of Zachary which is being accomplished today. While I do understand paving operations are often scheduled to begin early in the morning, it is City requirement that no activity begin before 7:00 a.m. Monday through Friday and no earlier than 8:00 a.m. on Saturday. The City was contacted by a nearby resident who was awakened when your paver was delivered well before the 7:00 requirement this morning. All contractors who do work in the City of Plymouth must abide by these City requirements, and it is especially important for City contractors to abide by these requirements. These requirements were specifically stated at the preconstruction meeting for this project and I suggest that you remind your foreman of these specific requirements in the City. of Plymouth. If you have any questions or comments, you may contact me at 550-5071. Sincerely, Daniel L. Faulkner, P.E. City Engineer DLF:kh cc: Fred G. Moore, Director of Public Works James G. Willis, City Manager Daniel K. Campbell, Senior Engineering Technician Sue Mason SHORT, ELLIOTT, HENDRICKSON, INC. 3535 Vadnais Center Drive St. Paul, MN 55110 C►M AUG 23'91 3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 550-5000 August 19, 1991 In; PCITVF PLYMOUTR Mr. Bruce Davison U.S. Postal Service 2051 Kilibrew Drive, #620 Bloomington, MN 55425-1874 SUBJECT: PROPOSED POST OFFICE FACILITY IN PLYMOUTH (91041) Dear Mr. Davison: Your application for this project was reviewed by the Planning Advisory Commission at the August 14, 1991 meeting and despite the absence of any representative from your office, the Planning Commission made a recommendation to the City Council that your plans be approved. The application will be on the September 4, 1991 City Council meeting. I urge you to be sure that the U.S. Postal Service is represented at that meeting so that any questions the City Council may have can be answered. My experience with the Postal Service, including the review of the plans for the existing Plymouth Post Office, has indicated the Postal Service promotes positive communications with the community. I believe that citizens and businesses are supportive of the proposed facility and the City Council should have the benefit of a knowledgeable person or persons at the meeting as they consider the final approval of the Site Plan. Questions regarding this may be directed to Community Development Coordinator Chuck Dillerud, 550-5059. &erely Blair Tremere Community Development Director (pl/bt/91041:jw) GIM IW 23`91 3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447, TELEPHONE (612) 550-5000 August 19, 1991 CITY Y C PLYMOUTI4 Ms. Joanne M. Schroeder 5230 Vicksburg Lane Plymouth, MN 55446 SUBJECT: RECYCLING CHARGE CITY PROJECT NO. 001 Dear Ms. Schroeder: As Solid Waste Coordinator for the City of Plymouth, I have been asked to respond to your letter to Mayor Bergman, dated August, 1991. On January 28, 1991 a public hearing was held by the City Council on the proposed ordinance to change the source of funding for the City's Recycling Program from the City's General Fund to a monthly fee, charged to each household. Notice of this public hearing was mailed to all homeowner's associations and published in both the Plymouth News and in local newspapers. During the public hearing the City Council heard public testimony and reviewed funding options. They also considered a report on a survey of 13 neighboring cities that also charge directly for recycling service. Mayor Bergman pointed out that placing the fee on the utility bill would increase accountability allowing the citizens of Plymouth to track any changes in the fees and costs of the program, since it is the citizens who ultimately pay for the program regardless of the funding service option chosen. Regarding the difference between the other cities and Plymouth, it is important to understand that cities have very different systems for garbage collection and billing. Some cities contract for all residential garbage collection and pay all the disposal costs ($95/ton). When residents reduce their garbage by recycling, that City saves at a rate of $95 per ton, and passes that savings on to the residents. Some time ago the City of Plymouth considered a similar program, but testimony by residents at a public hearing on the matter convinced the City Council that the current open hauling system should continue. That means that your garbage hauler saves the $95 per ton on recyclables that you remove from your trash. Most of our garbage haulers will pass that savings back to their customers by offering volume - based fees. That means that they charge less if you choose a one or two can service instead of a three or unlimited can service. People who make good use of the City's curbside recycling service should be able to reduce their garbage by one can; usually a savings far in excess of the $1 monthly charge. GIM AUG 23'91 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 i- =LeZ.;. Ms. Joanne M. Schroeder August 19, 1991 Page Two I sincerely doubt that an individual homeowner could haul their own recyclables at a cheaper rate than $1/month. The materials you put out for recycling are transported throughout the Twin Cities: newspaper and corrugated cardboard to St. Paul, glass to Shakopee, cans to Minneapolis, and plastic to Paynesville. Gasoline costs alone would probably make self - hauling prohibitive. Clearly, a change of,that sort in the City's Recycling Program would mark the end of recycling in Plymouth. I hope that I have answered your questions, and addressed some of your concerns. I'm sure you realize that we all benefit environmentally by recycling, and I encourage you to investigate your options of volume -based pricing with your garbage hauler so that you receive all the benefits you deserve for reducing your waste through recycling. If you have any further questions, please feel free to call me at 550-5085. Sincerely, Marjorie E. Vigoren Solid Waste Coordinator MEV:kh enclosure cc: Fred G. Moore, Director of Public Works James G. Willis, City Manager CSM AUG 23'91 TO: Plymouth Mayor & City Council Kim M. Bergman Carole Helliwell Lloyd Ricker Maria Vasiliou Bob Zitur CC: *aim'` Wi 1*1•is="�=``Ci�ty``�'MAnager__ FROM: Fred Lips 14405 38th Ave. N. Plymouth, MN 55446 Work 828-4677 7:30 AM to 4:00 PM Home 557-0121 �- C AUG 221991 � My Of POili`i I .r DATE: August 20, 1991 Memo: P9108201 SUBJECT: City Center Space Needs You have indicated more office space is needed. Why not increase the space of the new public safety addition. I Know based on your meeting August 19th that time is getting short to be making changes, but it's still on the drawinq board, no dirt has been moved and substantial tar, payers money can be saved. I know that a building could be designed where the public safety space could be totally separate with no access to other spaces inside the building. As I mentioned in a previous letter - Why not give some of the smaller features of a community center, such as a senior citizen area, public meeting rooms or things of that nature, the same access treatment.. Also I would thing its about time for office space for the mayor and council members - don't leave yourselves out. Sincerely Fred Lips -1- CIM AUG 23-91 August 22, 1991 CIN OF PLYMOUTFF Mr. & Mrs. Howard Hunt 17205 D County Road 47 Plymouth, MN 55446 Dear Howard and Lois: Following your recent calls regarding the high levels of water in Elm Creek behind your home, Fred Moore requested the staff of the Elm Creek Watershed Management Organization to look into the matter. Attached is the text of a brief report provided to the commission by the Hennepin Conservation District staff which investigated the flooding. The staff member in question is Mr. Leon Zeug (phone 544-8572). Attached to the brief report is a photocopy of a portion of the Elm Creek floodway near your home. If the flood plain is accurately portrayed, it would appear that a large portion of your yard is within the flood plain and of course, subject to periodic inundation. After you have had an opportunity to review this material, as well as talking with Mr. Zeug, both Fred and I would be pleased to meet and discuss this matter with you more fully. Yours truly, me�G.Willis tynager JW:kec attachment CIM AUG 23'91 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 91-005 Viet Contracting, Hassan. No information. =7-ZQLV- f. 91-009 Mohawk Estates, 2nd Addition, Medina. The owner proposes a residential development on a cul-de-sac coming easterly from Mohawk Road upto upland flood storage area 12. The estates includes 6 lots, all of which are affected by the flood plain to some degree. The engineer balanced the cut and fill for the proposed road in the flood plain. Because the building sites for the homes are unknown, the engineer did not submit grading features for the house building pads. The HCD recommends that any approval by the Commission include the following conditions: as -built surveys of the cut and fill areas be submitted to the Commission, and seed and mulch placed on the banks of the road and other disturbed areas within 72 hours of completion of grading. g. 91-014 Fine Line Homes, Corcoran. The owner/developer proposes a single family home adjacent to the south fork of Rush Creek, 500 feet downstream of county road 50 in Corcoran. The owner requested a review because the alternate septic system site is located on the opposite bank of Rush Creek. In order for a septic pipe to cross Rush Creek, it must meet all appropriate provisions of the state building code. Also, the builder must regrade the channel and stream banks to the original grades. Because this is a proposal for the alternate septic site, the HCD recommends that the Commission review that project when it becomes necessary. A letter commenting on regrading the banks and the building code would be appropriate now. 8. Other Business Crow River The Commission asked the district office to report on water quality monitoring of the Crow River. The staff found that the U.S.G.S. collects water samples for quality data at regular intervals on the Crow River at Rockford. For example, water samples were collected on April 19 and May 25 in 1989. Stream Blockage The Commission asked HCD staff to investigate stream blockage on Elm Creek between County Road 47 and Elm Road. Mr. Howard Hunt has reported flooding on his yard, adjacent to the creek this year. HCD staff hiked along the stream course and found one fallen trees in the creek and several logs across the banks. None of these sites caused blockage where water was blocked to a higher level upstream than downstream. One site on the creek showed the same condition found the last time the commission investigated stream blockage. A gulley coming from the east had deposited some sediment forming a delta in the stream channel, shown by the photos. The degree of blockage is not CIM 0 23"1 apparent in the photo. This gulley is well developed, showing a degree of maturity beyond the current land uses in the watershed Staff reminds the Commission that since the last investigation of Elm Creek, a drought followed by above normal rainfall has affected the watershed. For example, western Hennepin County has received 150-200% of normal rainfall for 1991 as of August 5. Yi3 )2311 'm c 'm August 23, 1991 Brett Smith 4940 Pineview Lane Plymouth, MN 55442 SUBJECT: TRAIN HORN Dear Mr. Smith: Thank you for your August 12, 1991, letter expressing concern about the train horn, especially during the evening hours. You would like the railroad to either: 1) Discontinue use of the train horn during the evening hours; or 2) Reschedule its trips so there is no railroad activity during the evening hours, say midnight to 6 a.m. I have checked with the City Attorney with respect to the first question. State statute does provide that a community may regulate the use of the train horn. As a practical matter, and because of liability concerns, it is unlikely that the City Council would ban train horns during the evening hours. While they are an inconvenience, the evening hours are a high hazard time at street/railroad crossings. The Council would be hard pressed to justify its action to prohibit the use of the train horn to the survivors of someone who lost his life as the result of an evening car -train collision. The other option is to reschedule the train so that it does not run between midnight and 6 a.m. Only Mr. Wencka and the railroad can confirm whether this is a realistic option. I understand he will be back in the office the week of August 26. By copy of this letter, I asking that he respond to your inquiry and share y w' me so I can keep the City Council apprised. S nce 1 Frank o es Assis t City Manager FB:kec cc: Mayor & City Council James G. Willis, City Manager S.F. 9/3/91 CIM AUG 23'91 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 August 12, 1991 Mr. Frank Boyles Assistant City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, MEN 55447 Dear Mr. Boyles: I am writing this letter to express my disgust over the severity of the train horn. These horn blasts occur around the clock and almost always occur three to five times from 12:00 midnight to 6:00 a.m. Why are these nighttime schedulings and high decibel frequent horn blasts constant? For months, many neighbors and myself have experienced broken sleep patterns. We have jobs to go to during the day and cannot exist on four hours of sleep a night anymore. This is a quiet residential neighborhood and not a railroad terminal area. It seems to me that some scheduling or routing times may indeed be altered for peace of mind. I am addressing you on this matter to see what you can offer as a solution. Should no such solution be possible, I will be forced to seek other relief. Thank you. Sincerely, Brett Smith 4940 Pineview Lane Plymouth, MN 55442 (W) 544-0376 cc: Mr. Conrad Wencka Chief Transportation Officer Soo Line Railroad Company Box 530 Minneapolis, MN 55440 A S �. August 22, 1991 Dear President: CITY OF PUMOUTR P7:ymouth residents have proven themselves to be leaders in recycling and environmental issues. The City is now hoping that residents will take the lead in practicing environmentally sound lawn care. To get people started, Recycling Coordinator Margie V.goren, has arranged two options through which you and members of your association may learn more about environmentally safe lawn care. !Z>tion 1 A one-night class is slated for Tuesday, October 1, 7 p.m. at the City Center, 3400 Plymouth Boulevard. The class, "Put Your Yard to Bed with a Warm Blanket and Full Tummy," will offer tips for reducing yard waste and preparing lawns for winter. In addition, you will learn how to use your own organic yard waste to protect and strengthen your landscape and garden, how to fertilize in the fell to strengthen turf and reduce mowing next summer, and how to protect trees, shrubs, and perennials. The class will be taught by Jack Porter of the Minnesota Extension Service - Hennepin County. Cost for the class is $2.50 per person. Members of your association who would like registration information may call the Perk and Recreation Department at 550-5130. Qption 2 Mie. Porter is also available to make a presentation on the subject of environmentally safe yard care at your homeowners association meeting. If you have any questions, or would like to arrange a presentation, call Margie at 550-5085. For your information, I have also included an article on the city -operated yard waste disposal site which you may include in your association newsletter. Thanks for helping us get this information out to your association members. Sincerely, Helen LaFave Communications Coordinator HL:kec cc:: Mary Bisek, Superintendent of Recreation Margie Vigoren, Recycling Coordinator CIM AUG 23'91 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 550-5000 Yard waste site open through fall Plymouth residents may drop off leaves and grass clippings free of charge at the yard waste drop off site. The site, 14900 — 23rd Ave. N., is open 4 — 8 p.m. weekdays and 10 a.m. — 8 p.m. on weekends. You may also dispose of brush and tree branches up to a maximum of 4 inches in diameter. Brush must be separated from yard waste. The site is open to Plymouth residents only. Please bring identification. Materials deposited at the site must be debagged No commercial haulers or landscapers may drop off materials at the site. Compost materials and wood chips are available free at the site. Material picked up must be loaded by the individual. Qac 0A a1G 23 91 S: =ate 5405 Orleans Lane North, #1 Plymouth, MN 55442 (612) 553-2003 August 3, 1991 Councilmember Maria Vasiliou City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Councilmember Vasiliou: I am writing from Plymouth Ponds north, in the Northeast quadrant of Plymouth. I feel I am being taxed unjustly in relation to the value of my home and the land it rests on. My wife and I live in a townhouse in Cardinal Ridge. We have a small, one -level unit (1,050 sf) with one bath and two bedrooms. Our washer/dryer, not water heater, and furnace are behind two sliding doors on one side of our hallway. Our association pays for the taxes outside of our living area. Our homesteaded taxes are around $740 annually on a property valuation of $67,000. I didn't complain in April because I did not have a comparison. This is our first year of paying full taxes, and according to the enclossure it appears we are being over -taxed. Also, as long as I am on my soapbox, two years ago we were promised that our water bill would be adjusted down because we were unfairly compared to the surrounding single-family homes. That adjustment never happened. Plymouth doesn't soften its water, and according to the State Public Water Agency we have the hardest water of the suburbs. Thanks in advance for responding to my concerns. Sincerely, William J. Gimble Enc. ciM AUG 23'91 =•=kajV%, Plymouth/ Sold for $113,500 Built in 1968 Five bedrooms Amenities: Located on half -acre lot 1991 taxes $1,086 (homesteaded) Four bathrooms with mature pines, four -season 2,015 square feet 18x11 living/dining room room with vaulted ceiling and ceil- Rambler 10x11 kitchen ing fan, fireplace; office, den and 3/a bath on lower level, wood exterior. OM 0 23,9 A