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HomeMy WebLinkAboutCouncil Information Memorandum 08-20-1987CITY COUNCIL INFORMATIONAL MEMORANDUM August 20, 1987 UPCOMING MEETINGS AND EVENTS..... 1. COUNCIL MEETING -- Monday, August 24, 7:30 P.M. Special City Council meeting in City Council Chambers. 2. CITY COUNCIL FILINGS -- The filing period for the Mayoral and two City Council positions opens Tuesday, August 25, and closes on Tuesday, September 8. 3. PLANNING COMMISSION -- Wednesday, August 26, 7:30 p.m. The Planning ommission will meet in the City Council chambers. 4. BUDGET STUDY SESSION I -- Monday, August 31, 4:30 p.m., in the City Council conference room. 5. BUDGET STUDY SESSION II -- Tuesday, September 1, 4:30 p.m., in the City Council conference room. 6. CARLSON PARKWAY & I-394/CARLSON PARKWAY OFFICIAL OPENING -- Wednesday, September 2, official ribbon cutting and opening of the Carlson Parkway and Carlson Parkway/I-394 Interchange, at 10:00 a.m. at the north end of the Carlson Parkway bridge. The invitation from the City of Minnetonka is attached. (M-6) 7. MEETING CALENDARS -- Revised August and September meeting calendars are attached. M-7) FOR YOUR INFORMATION.... 1. MIELKE FIELD TASK FORCE - Wednesday morning, I attended a meeting of the Mielke Field Task Force, including representatives of the School District, Crystal, New Hope and Plymouth. The earlier part of the meeting consisted of a presentation by Dan Donahue, City Manager of New Hope, on a preliminary impact study which had been conducted for 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 CITY COUNCIL INFORMATIONAL MEMORANDUM August 20, 1987 Page two New Hope on the possibility of using the Robbinsdale/Cooper site as a new home for Mielke Field. Attached is a copy of that report. After some discussion on funding issues and site pluses and minuses, the Task Force agreed that more specific cost information per site is needed. Consequently, the School District will engage the services of an architectual firm to complete the following tasks: 1. Define the specific contents of the ultimate facility, including bleachers, restroom facilities, concession stand, parking, etc. 2. From this information, define the specific acreages required for all aspects of the facility. 3. Identify potential sites, including Cooper/Armstrong, existing Mielke Field itself, and other raw land which may exist either in Plymouth or the communities. 4. For each site, develop a preliminary suitability analysis, including costs. Once this report is complete, the Task Force will meet to discuss the results. (I-1) 2. CLARIFICATION ON CHARITABLE GAMBLING DIRECTION - The City Council has directed that the staff, through the City Attorney's office, have an ordinance amendment prepared which would allow organizations such as the Medicine Lake Community Club, or VFW to conduct charit- able gambling in accordance with state law within their own facility, even though their facility is licensed for liquor. As a point of clarification, current state law would allow for up to five gambling occasions each year under each license request. Does tFe Council desire to allow up to five occasions for each license approved, or would the Council want to limit it to some lessor number? The second question is, does the Council want to allow all forms of charitable gambling, including raffles, bingo, pull -tabs or paddlewheel, or does the Council want to limit these occasions to one form of charitable gambling, or another? In the absence of further Council direction, we will prepare the ordinance amendment so that it conforms with state statute which would allow up to five charitable gambling occasions for each license issued and would permit any of the four types of charitable gambling to take place. 3. HOUSEHOLD HAZARDOUS COLLECTION PROSECT -- The training session for volunteers for the Household Hazardous Collection is slated for Thursday, September 24 at 7:00 p.m. The training session which was original scheduled to be held in the City Council Chambers has been relocated to Fire Station No. 2, 12000 County Road 9. The collection will be Saturday, September 26 in the upper level parking lot of the City Center. Attached are letters requesting volunteers. The first letter was sent to civic groups and churches. The second letter went to commission members and residents who spoke at the duly 20 recycling public hearing. (I-3) CITY COUNCIL INFORMATIONAL MEMORANDUM August 20, 1987 Page three 4. OF READING INTEREST..... - The attached articles from various publications are provided for the Council's information: a. "THE PIT BULL: FRIEND & KILLER" -- The July 27 issue of Sports Illustrated featured the attached story on the American pit bull terrier. I -4a) b. "TWIN CITIES BEGIN NEW ERA IN MANAGING AREA'S WASTES and "PHILLY MANDATES NO SORTING, NO PICKUP" - World Wastes magazine, August, 1987. (I -4b) c. "GARBAGE IN, GARBAGE OUT? Landowners Fight Plymouth Trash TransferStation" - Minnesota Real Lstate Journal, ugust . -4c 5. WAYZATA/PLYMOUTH AREA CHEMICAL HEALTH COMMISSION -- A report on services to date provided to Plymouthresidents by the Wayzata/Plymouth Area Chemical Health Commission is attached. (I-5) 6. METROPOLITAN WASTE CONTROL COMMISSION SEWER SERVICE CHARGES -- Attached is a letter from Peter Meintsma, Chairman, etropo itan Waste Control Comission, advising of the City's 1986 final cost allocation and the 1987 and 1988 statement of charges for interceptor and treatment works use. Plymouth's actual wastewater flow in 1986 was 2,205 million gallons to the Metropolitan Disposal System (MDS). This also includes 17 million gallons for the City's proportional contribution of the total estimated infiltration into the Commission's Joint interceptor located in St. Paul. The 1986 final cost allocation is based on the Metropolitan Waste Control Commission's actual 1986 budget expenditures and on the actual 1986 wastewater flows. In accordance with the 1986 final cost allocation, Plymouth's charges are $1,589,340.26 for the 2,205 million gallons discharged to the MDA in 1986. In 1985, the Metro Waste Control Comission estimated the City's 1986 wastewater flow to be 2,170 million gallons and billed the City $1,702,203.84 accordingly. Therefore, the Commission received an overpayment of $112,863.58 in 1986 and will credit this amount on the City's 1988 "Statement of Sewer Service Charges." The City's 1987 sewer service charge for 1987 is $1,833,165.27 which is based on an estimated wastewater flow of 2,260 million gallons. (I-6) 7. MINUTES: a. Planning Commission, August 12, 1987 (I-7) 8. DEPARTMENT REPORT -- The July activity report from the Police epartment is attached. (I-8) CITY COUNCIL INFORMATIONAL MEMORANDUM August 20, 1987 Page four 9. ANIMAL VIOLATIONS IN CITY PARKS AND TRAILS -- On July 31, Community Service Officers began Issuing warnings to dog owners for failing to comply with the dog ordinance in city parks and trails. Green warn- ing cards were printed to warn owners of their responsibility to clean up any feces left by their dog and requiring dogs to be on a leash when at large in the city. Through August 16, a total of 6 warnings had been issued. Warnings were given at the following locations: Zachary Parks, Plymouth Creek, Medicine Lake East Beach, Timbershore Park, and Schmidt Lake Park. Starting September 1, citations will be issued. 10. SWAREFLEX ANIMAL WARNING REFLECTORS -- On August 17, Dick Carlquist and Tom Vetsch met with John Strieter, distributor for Swareflex Animal Warning Reflectors, to discuss the effectiveness of the Swareflex wildlife reflectors installed along County Road 10 between County Road 18 and Zachary Lane. As the Council will recall, the reflectors were strategically installed along County Road 10 in September 1986 in an effort to decrease deer/vehicle collisions. Attached is a report from Dick Carlquist on the August 17 meeting and changes that will be made to the reflectors to increase their effectiveness. (I-10) 11. LEAGUE OF MINNESOTA CITIES - 1987 REGIONAL MEETINGS -- The League of Minnesota Cities has scheduled 13 regional meetings from August 25 to Sepgember 30 to discuss how the League should draft its 1988 legislative policies and priorities. A schedule of the meeting dates and locations is attached, together with the issue papers which will be voted upon at the meetings. If the City is unable to be represented at a regional meeting, the League requests that a legislative issues voting card be returned. If any member of the Council desires to attend a meeting, please contact Laurie in order that a reservation may be made. (I-11) 12. ASSOCIATION OF METROPOLITAN MUNICIPALITIES ACTIVITIES -- The attach- ed Bulletin from the Association of Metropolitan Municipalities provides an update on metropolitan area and AMM major activities. (I-12) 13. COUNCIL FOLLOW-UPS: a. GOOSE MANAGEMENT PROGRAM -- On August 19, Dick Carlquist contacted Dr. James ooper's office relative to the City's public meeting scheduled for September 14. A member of Dr. Cooper's staff advised that Dr. Cooper would be out of town until Thursday, August 27, but he would have Dr. Cooper contact Dick upon his return. For the Council's information, the staff member Dick spoke with was not familiar with any type of model resolution that Dr. Cooper advocated to city councils. The person also was not aware whether the public meeting was technically a public hear- ing or just an informational program. In any case, Dick will report as soon as he receives word from Dr. Cooper regarding his ability to attend the Council Meeting on September 14. CITY COUNCIL INFORMATIONAL MEMORAN" August 20, 1987 Page five b. Report from Eric Blank on follow up to Bob Zitur's August 4 memo regarding debris at Rolling Hills Park is attached. - a c. Meeting with County Board Members - Attached is letter sent to Jack Cole, Library oard resident, inviting Library Board members and Library Director Rohlf to a September 14 meeting. (I -13c) 14. CORRESPONDENCE: a. Letter to Timothy & Cynthia Harrer, 10710 - 15th Avenue No., from Mayor Schneider, in response to their August 13 letter relative to the overall condition of adjacent properties. (I -14a) b. Correspondence between the Sagamore Management Association and Hennepin County Chairman Mark Andrew concerning the Associaton's petition for access from the Sagamore apartments to County Road 9. (I -14b) c. Letter to ferry Hensen, Holiday Stores, from Blair Tremere, concerning the replacement of dead plantings at the Plymouth store site. (I -14c) Frank Boyles Assistant City Manager FB:jm attach �ow are corsiallnvi y itec� * TFV/ O�itial,�bbo�v �u�ing auc� OWU3 0 CAZL50NPARKWAq at& CA�LsoN VA44tA 1- 94 INWMWE WeheoAau,�ef+embC2, 1111Z... 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DATE: RE- FILE NO: BACKGROUND northwest associated consultants, inc. Jeannine Dunn/Dan Donahue Alan Brixius July 7, 1987 New Hope - ISD 281 Athletic Facility 131.15 Mielke Field serves as the major outdoor sprots facility for Independent School District 281. Located on 36th Avenue near Highway 100 in Crystal, this facility accommodates an average of 45 events per school year.. The facilities serve as sports facility for all of the Cooper and Armstrong High School's home events in football, soccer, and track. The facility also serves a number of Junior High School sporting and special events. Currently private development interests and the City of Crystal are considering the Mielke Field site as a potential redevelopment site for commercial and office uses. In response to these redevelopment interests the School District is investigating alternative sites for potential relocation of their sports facility. Cooper High School is one of the identified relocation sites. ISSUES AND ANALYSIS The installation of the sports facility at the Cooper High School site presents a number of concerns that must be evaluated by the City and the School District in considering the potential relocation of the facility. Site Constraints: Cooper High School's site is approximately 38 acres in area. The existing school site includes a football field, track facilities, two softball fields an_. outdoor hockey rink and five tennis courts. The duplication of the Mielke Field facility could physically be done on the -Cooper High School site, however, this would resu a oss o t e ooper ig School 0o all and track training facilities. The School District facility would be maintained for games, as such, training on the field would be prohibited in order to maintain the field surface. To maintain 4601 excelsior blvd., ste. 410, minneapolis, mn 55416 (612) 925-9420 Jeannine Dunn/Dan Donahue July 7, 1987 Page Two practice facilities of the Cooper site would require the loss of other recreationaL facilities that exist on-site or the use of artificial surface on the new school athletic facility. While the duplication of the Mielke facility at Cooper High School site is possible, the impact of this development is far more outreaching than the loss of the other recreational facilities. We attempted to identify the concerns as follows: Parking: The current Mielke Field lacks adequate parking in close proximity to the facility to serve the facility. As a result, the spectator traffic often chooses on -street parking or parking in.the Chalet Shopping Center parking lot. Based on the New Hope parking regulations, a sports facility is required to provide one off-street parking stall for every eight seats of design capacity. Mielke Field has an 8,000 person seating capacity, this would -require 1,000 parking stalls. Inspection of the Cooper High School and the New Hope Elementary School site reveal, that the two schools could provide up to 686 parking stalls, assuming that the New Hope Elementary School parking lot would be redesigned and striped to maximize the number of stalls. The School District indicated that they seldom reach facility capacity. Generally, football games are the biggest draw to the facility. These games average approxi- mately 4,000 spectators. The City must, however, plan for maximum capacity -to insure that the parking problems evident in Crystal would not occur in New Hope. Access: The existing Mielke Field is accessed by 36th Street and Highway 100. These streets serve collector and major arterial functional classifications. These streets provide for the convenient access to the facility and disbursement of traffic after the sporting event. Cooper High School is surrounded on four sides by residential development. Access to the High School is via 47th Street, Zealand Avenue and Virginia Avenue. Each of these streets are local residential streets. The introduction of high volumes of night time traffic through these residential areas will be disruptive to the residential environment. Night Time Activities: The major attraction to the sports facilities are the foot- ball games.The facility is intended to serve both high schools in the School District. The football games are typically scheduled for Friday evenings. Large scale evening events in a predominately residential area present several concerns for nuisance problems and crowd control. I. Noise: The noise resulting from a football game presents a concern with regard to the surrounding residential area. Cheering, band noise, and other noise associated with a football game during the evening can be disruptive to the quiet enjoyment of the existing residential environment. Jeannine Dunn/Dan Donahue July 7, 1987 Page Three 2. Lighting: The facility must be illuminated to accommodate night football games. The height, location, and candle power of the light required for sport facilities would result in the overflow of illumination to adjacent properties and right-of-ways. 3. Crowd Control: The disbursement of the spectators presents serious concerns with regard to nighttime traffic, trespassing by pedestrian traffic onto ad- jacent properties and potential for off-site vandalism. The Crystal Police Department has indicated that they usually assign additional police officers to the Mielke Field for football games to assist in traffic control and to patrol the area during and after games. The existing Mielke Field site is at the periphery of a residential area, as such the nuisance impact.on adjacent land uses is less. The Cooper High School site is surrounded by residential neighborhoods and therefore the nuisance issues each become more prevalent. cDNA INMN The Cooper High School site is zoned R-1, Single Family Residential district. Within this district both the school and public recreational buildings require conditional use permits. In evaluating the proposed athletic facility the City must consider: 1. The nature of the existing land uses adjoining the site. 2. The effect of traffic into and from the site, and its impact on any adjoining roads. 3. Consideration must also be given to any further factors that may effect the general welfare, public health or safety of the community residents. In respect to the aforementioned criteria, our review of the proposed athletic facility on the Cooper High School site indicates that the proposed use would not fulfill the requirements of a conditional use permit. The following shortcomings are noted: I. The site does not provide sufficient on-site parking without significant site layout alterations. 2. The facility would be accessed via local residential streets. Additional non- resident night traffic should be discouraged in New Hope residential neighborhoods. 3. Nuisance concerns related to nighttime events contribute to the facility's in- compatibility within the residential area. =1 Jeannine Dunn/Dan Donahue July 7, 1987 Page Four Based on the use characteristics of the athletic facility a site that afforded the facility greater area for parking, and a greater degree of isolation from lesser land uses would seem more appropriate. --T-_v August 14, 1987 Dear Resident: On Saturday, September 26, the City of Plymouth and Hennepin County are sponsoring a very important project for which we are recruiting volunteers. We will hold a one -day collection of household hazardous wastes at the Plymouth City Center, 3400 Plymouth Boulevard. This project is important because it will permit residents to drop off hazardous wastes which they have accumulated in their homes. Leftover paint, pesticides, batteries, drain oil and solvents are all hazardous wastes which may not be sent to landfills. The project will allow the County to collect and properly dispose of them. In order for this collection to succeed, we need volunteers to work five hour shifts on the day of the collection. Shifts will be from 7:30 a.m. to 12:30 p.m. and from 11:30 a.m. to 4:30 p.m. Volunteers will direct traffic at the site and do some presorting of items dropped off by residents. All volunteers must be at least 18 years old. Volunteers will need to: 1. Attend a one-hour training session on Thursday, September 24 at 7 p.m. in the City Center; 2. Work a five-hour shifts on Saturday, September 26. Please let me know by Friday, August 21, if you and members of your group are willing to participate in this community project. You can reach me or Judy McMillin at 559-2800. I look forward to working with you. Sincerely, A4QQ,.- C*qqw� Helen LaFave Communications Coordinator HL:kec August 14, 1987 Dear Community Leader: On Saturday, September 26, the City of Plymouth and Hennepin County are sponsoring a very important project for which we are recruiting volunteers. We will hold a one -day collection of household hazardous wastes at the Plymouth City Center, 3400 Plymouth Boulevard. This project is important because it will permit residents to drop off hazardous wastes which they have accumulated in their homes. Leftover paint, pesticides, batteries, drain oil and solvents are all hazardous wastes which may not be sent to landfills. The project will allow the County to collect and properly dispose of them. In order for this collection to succeed, we need volunteers to work five hour shifts on the day of the collection. Shifts will be from 7:30 a.m, to 12:30 p.m. and from 11:30 a.m, to 4:30 p.m. Volunteers will direct traffic at the site and do some presorting of items dropped off by residents. All volunteers must be at least 18 years old. Volunteers will need to: 1. Attend a one-hour training session on Thursday, September 24 at 7 p.m. In the City Center; 2. Work one of the five hour shifts on Saturday, September 26. Please let me know by Friday, August 21, if you and members of your group are willing to participate in this community project. It would be helpful if you could provide a list of names, addresses, phone numbers and shift preferences at that time. You can reach me or Judy McMillin at 559-2800. I look forward to working with you. Sincerely, Helen LaFave Communications Coordinator HL:kec 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 PIT BULLS AFTER THIS AND ANOTHER PIT BULL ATTACKED A 56 -YEAR-OLD MAN IN DETROIT, ANIMAL CONTROL OFFICERS REMOVED THE DOGS WITH CAUTION A LOCAL TV NEWS CREW TAPED THE HORRIFYING MOMENT AS L.A. ANIMAL CONTROL OFFICER CROWELL WAS AT- TACKED BY BENJAMIN, A PIT BULL OWNED BY HAUSER (AT FAR RIGHT) One theory advanced to account for the breed's unusually .stable and congenial - to -people disposition is that he is fur too formidable a beast for it to be prudent to allow vicious individuals to survive (and thus to propagate).... This selective pro- cess tended to weed out the mean dogs and has left us with a dog with an almost ridiculously amiable disposition. —RICHARD 1=. STRATTON This is the American Pit Bull Terrier (1976) The mean ones are the aberrations still. But the aberrations are rrrore numerous. —RICHARD F. STRATTON July 8, 1987 MERICA HAS A FOUR -LEGGED problem called the American pit bull terrier. And the pit bull, its "ridiculously amiable dispo- sition" notwithstanding, has a two - legged problem called Man, to whom Stratton's second quote could also be ap- plied. These two species are not new to each other. They have intermingled for some 200 years, and some say their com- mon history goes back as far as the Ro- mans. But something has happened to the pit bull in the last decade that says as much about the nature of American so- ciety as it does about the nature of this aggressive animal. Far from being an aberration, the American pit bull terrier has become a reflection of ourselves that no one cares very much to see. "They're athletes. They're wrestlers. They're dead game," says Captain Ar- thur Haggerty, a dog breeder and train- er in New York City who owns five pit bull terriers and has trained hundreds of others. "They will literally fight till they're dead. If you found that quality in a boxer or a football player, you'd say it was admirable. Will to win. That's what a pit bull has." Others call it a "will to kill." At least 35 communities nationwide have con- sidered banning the breed from within their city limits, and while such ordi- nances have run into constitutional problems stemming from the difficulty in defining exactly what a pit bull terrier is, their number is growing weekly. The horror stories involving pit bulls are vo- luminous. Recent tragedies include the death of two-year-old James Soto, who was mauled in Morgan Hill, Calif., on June 13 by a neighbor's pit bull. The at- tack rendered the child "unrecognizable as a human being," according to para- medics. Nine days later a national tele- vision audience watching the evening news was treated to the terrifying spec- tacle of a pit bull terrier attacking Los Angeles animal control officer Florence Crowell. The 33 -year-old woman sur- vived but spent five days in the hospital. On April 6, a retired surgeon. 67 - year -old William Eckman, was killed by two pit bulls on a street in Dayton, Ohio. On that same day, 16 -month-old Melis- sa Larabee of Jones, Okla., was killed by the family's pet pit bull, who bit her in the throat. In June 1986, 20 -month-old Kyle Corullo was attacked by a pit bull in Ramsay, Mich., while playing in his grandmother's backyard. The dog, fighting off the child's mother, dragged the boy into a nearby lot and shook him todeath "like a stuffed animal." In the last 18 months, 12 of the 18 confirmed dog -related fatalities in the mg: 74 U.S. --or 67°.—have. been caused by the pit bull terrier. a breed that accounts for .inly I c,,, of the U.S. dog population. And :he maimings are far more numerous. Dften it is small children who are the victims of unprovoked attacks. There is :to definitive source for animal attack statistics, but pit bull fanciers claim that statistics show other breeds of dog bite more frequently—German shepherds &ad the list --and accuse the media of publicizing only pit bull maulings. txx; BITES MAN isn't news, they say, but PIT BULL BITIiS MAN is. Unfortunately the pit bull, when it attacks, doesn't merely bite man—or, most horribly, child—it clamps its pow- -rful jaws down and literally tears its victim apart. "The injuries these dogs inflict are more serious than other breeds because they go for the deep mus- -ulatureand don't release; they hold and shake," says Sheryl Blair of the Tufts Veterinary School. in North Grafton, Mass., which last year held a symposium sntitled Animal Agression: Dog Bites and the Pit Bull Terrier. "Most breeds do not multiple -bite. - says Kurt Lapham, a field investigator for the West Coast Regional office of the Humane Society. "A pit bull attack is like a shark attack: He keeps coming back." "A pit bull," says Judge Victor E. Bianchini of San Diego. "is the closest thing to a wild animal there is in a do- mesticated dog." A fair assessment of a growing prob- lem? Or a bad rap against an animal which has suffered far more at the hands of man than it can possibly repay'? It has been estimated that there are half a mil - lien pit bull terriers alive in the United States today. What about the 99°4 who have never bitten a human being? Are these dogs "loaded handguns," as many have called them? "There's something a little scary about wondering, Is there a time bomb licking in my dog?" says Dr. Franklin Loev., dean of Tufts Veteri- nary School, who opposes efforts to leg- islate against pit bull terriers and tie- lieves the breed is the victim of "canine racism." Loew adds, "The pit bull does seem to respond more than other dogs to people trying to bring out aggressive- ness. But everything 1. know profession- ally tells me that this is not a dog prob- lem. but a problem of dog ownership." What exactly is a pit bull? Defining it has proved to be a formidable legal hur- dle because the pit bull is not a specific breed. Rather, it is a kind of dog, a ge- neric catchall like hound or retriever. The breeds most commonly referred to as pit bulls are the American Stafford- shire terrier, which is the term used by the American Kennel Club, and the American pit bull terrier, the term used by the United Kennel Club. The men who match pit bulls in fights today do not bother with such formalities; they refer to their animals as bulldogs—a nickname which should not confuse pit bulls with the pug -faced and bowlegged English bulldog, a distant relative, or the bullterrier, another relation whose bloodline was softened long ago by crossbreeding with the English Terrier. Pit bulls come in almost any color; their ears may be cropped or uncropped; their noses either red or black; and their height and weight inertly proportion- ate—with the weight parameters rang - I uuut.ena Ane ur t en v it, t tma ur rt I BULL ATTACKS; LANCE SALTZMAN OF GREENACRES CITY, FLA., WAS BITTEN BADLY WHEN HE WAS 17 MONTHS OLD ing from under 20 pounds to upwards of 100. Their muzzles are wedgelike, their jaws powerful and their heads blocky. A pit bull's coat will be short and glossy, shimmering over a compact frame tight- lybound in muscle. All the dogs referred to as pit bulls are FF7 PIT BULLS thought to trace their ancestry back to the bull -and -terrier, which was devel- oped in England in the early 19th centu- ry. The bull -and -terrier was a cross be- tween the early bull-dog—the name comes from the fact that it was used in bull-baiting—and a game terrier of some kind, either English, or fox, or black-and-tan. The bull -and -terrier dog was also used for bull -baiting, and was sometimes referred to as a butcher's dog. When a butcher wanted to slaughter one of his cattle, he would sic his bull -and - terrier on the unlucky bovine, and the game little dog would latch onto the big- ger animal's nose, and the butcher, ham- mer in hand, would move in swiftly and bludgeon the cow on the head. At some point, no one is sure exact- ly when, gentlemen sportsmen began matching bull -and -terrier dogs against each other. One of the more popular es- tablishments in London used for such purposes was the Westminster Pit, an enclosure that could hold about 300 spectators. Admission was charged at the door (two shillings in 1816), odds would be established, wagers were made and purses put up. It was all very civi- lized. Sometimes, after the dogs had fin- ished chewing up one another, a fight between bears would follow. TO FORTENBERRY, A PIT BULL TERRIER IS THE ULTIMATE PATRIOTIC MASCOT In 1835, the English parliament out- lawed the whole bloody business—bear- baiting, bull -bailing and dogfighting. All the law served to do was to drive dogfighting underground. The coal min- ers in Staffordshire were said to be par- ticularly avid followers of the clandes- tine "sport." Now, more than 150 years later, in an age of computers and bioge- netic,, the blood of those miners courses through the veins of citizens in these 50 states, and the blood of the bull -and -ter- 76 rier dog's descendants continues to be splattered against the sides of pits. According to The Complete Dohs Book, the official AKC publication, the pit bull first came to America around 1870. Some pit bull breeders date their arrival much earlier. Byron Fortenberry of Ak- ron, Ohio, a breeder and author on ca- nine subjects, claims that of the two dogs that came over on the NiayJlower, one was a spaniel and one was "a small mas- tiff." Says Fortenberry, "A bulldog was called a small mastiff in 1620. No way you can prove it was or it wasn't a pit bull, but more than likely that's what be- came our breed." Fortenberry does not explain how this particular small mastiff was able to reproduce itself—perish the thought that it was bred to the lowly spaniel -- but one of the traits one discovers in talking with breeders of American pit bull terriers is that they consider the dog capable of almost anything, including virgin birth. At any rate, the breed was well established in America by the 20th century. In 1898 the United Kennel Club began registering American pit bull terriers under the auspices of C.Z. Bennett, who drew up breed standards and wrote a set of rules governing dog- fighting. In 1909 the American l)ig Breeders Association, which at that time was determined to distance itself from dogfighting, set up its own registry. IRONICALLY, A PIT BULL AND KIDS ONCE SEEMED PERFECT TOGETHER: OUR GANG (LEFT) WITH PETE; AND FRED ASTAIRE, AGE 10, WITH A PAL These were the salad days of the pit bull terrier. The dog was the envy of the canine world. Buster Brown's floppy - eared pal in the popular comic strip of that era was his pit bull, Tige. Theodore Roosevelt had a pit bull in the White House. And a pit bull named Stubby, used in World War I to deliver messages between battalions, assisted in the cap- ture of a German spy and was decorated for bravery by General John (Black Jack) Pershing. The pit bull was America's dog and was depicted as such in 1914 by artist Wallace Robinson, who created a poster in which an English bulldog, a German dachshund, an American bull terrier, a French bulldog and a Russian wolf- hound were dressed in the military uni- forms of each dog's country. The caption on the poster was a remark by the pit bull, who appeared in the middle, slight- ly larger than the rest: "I'm neutral, BUT—Not Afraid of any of them." Later, the most famous pit bull of them all burst on the American scene, a star who was, ironically it now seems, surrounded by a cast of children. That was the Our Gang canine pal, Pete, a predominately white pit bull with a distinctive black circle—almost certain- ly the work of a make-up artist— around its left eye. Pete is celluloid proof R ,k Can You Name This Star? Trw r+ r Y. /•r M••..4• rp. raw w T.�,..eTa _ ..w•.+.. Trr.y. ru. rr ...r..,....... n.,,•Tti rr,. rT. `� N• r�.•i••d NNO w,.Y.w Mr.0 W •a.��T.:Or iw �rYl�f I n�t TT�avi•n�lrshNrm:.Tnsr-W....... n.T.0 77 —LA Q_ ••n, uuu 1 yuu curare w us in Tennessee someume, the hills are lovely about now. THERE'S SOMETHING SPECIAL about the Tennessee hills as a place for making Jack Daniel's. You see, we make an old-fashioned whiskey that can't be hurried in any manner. And out here, where the pace of city living is all but forgotten, a man can slow down and do things right. We could probably l make a bit more Jack Daniel's if we - made it in a factory. (Make it faster, probably, too.) But after a sip we think you'll agree: there's something special about whiskey that comes _ from the hills. �T- SMOOTH SIPPIN' TENNESSEE WHISKEY Tennessee Whiskey -80-90 Proof -Distilled and Bottled by Jack Daniel Distillery Lem Motlow, Proprietor, Route 1, Lynchburg (Pop. 361), Tennessee 37352 ua f PIT BULLS that there was a time when the pit bull terrier had "a ridiculously amiable disposition." In 1935 the American Kennel Club finally decided to recognize the Ameri- can pit bull terrier as a breed. The club, however, could not bring itself to call the animal by that name. The AKC wanted its own name for this courageous, per- sonable dog, and it wanted a name that did not include the word pit. The AKC settled upon the Staffordshire terrier be- cause so many of the dogs had come from that area of England. In the summer of 1936 the first Stafford- shire terrier was registered by the AKC. Pit bull lore has it that Pete was the first Staffordshire. It's a swell story, but not true. Pete was - among the first, but the honor actually goes to a dog named Wheeler's Black Dinah. "It was exactly the same dog as our American pit bull terrier," says Andy Johnson of the rival UKC, which currently registers between 25,000 and 30,000 Amer- ican pit bull terriers annually. "They even opened their registry to our dogs. The AKC just didn't want anything in their name that would remind people of the fight- ing history of the pit bull. It was like a family denying that it had horse thieves in its past." Perhaps. But most pit bull fan- ciers believe that in the 52 years since the Staffordshire terrier— renamed the American Stafford- shire terrier in 1972—was recog- nized by the AKC, it has become a dog significantly different from the UKC's American pit bull ter- rier. Not in looks—which are nearly identical—but in tempera- ment. Why? Because over the years the Staffordshire has been bred to show, rather than to fight. In one of his books, pit bull expert and breeder Rich- ard Stratton addressed this subject in his glossary of pit bull terms: "American Staffordshire terrier.... The show counterpart of the APBT Except for some game strains that are dual -regis- tered, these dogs could not be expected to be as game as the APBT or to have the same ability." The ability Stratton is talking about is the ability to fight. The gameness he de- scribes is the willingness of the animal to fight to its own death. American Staf- fordshire terriers have not been valued as fighting dogs for at least half a centu- ry. "A true Staffordshire terrier is not a fighting dog, even though it came from a fighting dog," says the Humane Soci- ety's Lapham. Is it just coincidence, then, that none of the killings of people in the past two years have been attributed to registered American Staffordshire terriers? Proba- bly not. "The American Staffordshire terri- = -LAc.,__ president of the American Pit Bull Ter- rier Club of New England, feels the same way about the dogs that she has bred. "They say pit bulls have natural aggressiveness," she says. "I don't be- lieve it. People who are breeding for ag- gressiveness will get it. For the last 12 years I haven't been, and these dogs aren't. My dogs are babies. They'll lick you to death. The people who fight dogs tell me I'm ruining the breed. They say my dogs are wimps." Sadly it is the responsible owners and breeders who are suffering the most from the recent wave of pit bull hysteria. "You feel like a criminal walking your dog," says Bazelak. "You're constantly approached by someone who says, `That's a vicious dog,' as if it's a wild animal. I've stopped breed- ing mine. I don't want to add to the population right now. I'm dis- gusted with the American people who believe the problem's with the dog and not with the people raising the dog." But the hysteria, or concern, is understandable. To the untrained eye --or even to the trained one, in many instances—it is virtually impossible to tell a docile pit bull from a mean one. None of them looks like a wimp, and a friendly pit bull jumping up to lick you to death has an eerie resemblance to a pit bull jumping up to rip out your throat. Your best bet is to pass a fast judgment on its owner. Pit bulls do not usually growl before attacking; they seldom bark. The hair on their backs does not stand on end when they are enraged. These are not dogs given to threatening displays. The pit bull, when so trained, is all busi- ness, which has made it the dog of choice for drug dealers and street punks around the country. "People whose inse- curities are such that they need macho reinforcement feel a need for this type of animal," says Loew of Tufts, "and they are available because of the overflow from illegal dogfights." "I just saw a surprising statistic from a Los Angeles study," Steve Blackwood, a sergeant in the San Diego Sheriffs De- partment, said recently. "In two out of three narcotics raids, pit bulls were used as the guard dogs." THIS FENCE CAN'T KEEP IN STRATTON'S HOOVER 78 er's chief requisites should be strength unusual for its size, soundness, balance, a strong, powerful head, a well -muscled body, and courage that is proverbial," reads The Complete Dog Book. "As to character, they exceed being dead game: nevertheless, they should not be held in ill repute merely because man has been taking advantage of this rare courage to use them in the pit as gam- bling tools. These dogs are docile, and with a little training are even tractable around other dogs." Ginny Bazelak of Chepachet. R1, y mi m H a L c ,1 qLA ct.� _ a � L Y = yuyp� - v� L w O y G� S� L m eyp •F 'fig .��, a 3 2 . E cc v L •n E u u 5� �• e m � X E y � � u 3 u: c< 3 �• e 3 �• r 19 G _ F •y r S L? i� 4 W. YY Y y � � y m � � •,, - Y V� G Ti -U• H= y O Fp r _ F � r �l L .w�a wi.00w.�m.♦� w��ivw yCL �'C OCV-a��•SC�: cDs �w Ux n=£ O���PVC6.mVa.�y �•$dd O.. �YV�um �Vts. ^_ y V�`.Y •Lpp Y�00L 0 -0 pJ.O,y eD=�CV�Qi V�O`C Y��OMv^C � ��pnm 6�-��GW OyC V� E gg 6b�w�u Eu a� 'cm 2a.ow yy�� euuy u'3 E'�.m•.:®mom L v m `e � ." a` _.-. t G t " H � e c 'L.. .a y e c $ y E .Y •_ � � •= t .F � y p� ,� ex U � p � 0., � gLn LW. � L '� Lm 4 c i0 c. o- 2i c '. q um E >` u t D^. '3. 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This is the policy in effect in many com- munities where a dog is not considered to be a problem until it has bitten on two occasions. In the case of the pit bull ter- rier, that is usually two occasions too many. David Sholes, a Rhode Island state senator, proposed and drafted vi- cious -dog legislation for his state in 1985. It is now considered a prototype for others to follow. "We had a tremen- dous explosion of pit bull attacks, you were reading about a new one practical- ly every week," says Sholes. "One child lost part of a buttock, another part of her face. A pit bull managed to get on a school bus and terrorize the chil- dren. It was apparent that the current law was not working." The new Rhode Island law provides a workable defini- tion of a "vicious dog": One that has either committed an unprovoked attack on a per- son or animal, or that ap- proaches a person in an ap- parent attitude of attack when unprovoked. That is the key word: unprovoked. Any dog that is unlicensed falls into the "vicious" cate- gory until it is licensed. Rhode Island's procedure for having a dog declared "vi- cious" is as follows: 1) the complainant calls the local animal control officer; 2) the officer investigates the com- plaint and holds a hearing to examine the circumstances; 3) he then declares whether the animal in question is "vi- cious" or not; 4) if the owner of the dog disagrees with his verdict, he may appeal to District Court. Should his appeal fail, the owner of the "vicious" dog must keep it in a se- cure enclosure, at least six feet in height, that is both childproof from the outside and dogproof from the inside. The dog is tattooed for identification. Furthermore, the dog owner must show that he has a $100,000 insurance policy for liability, and he is required to display a sign that can be read from the road: vicious DOG ON PREMisEs. The dog officer has the right to inspect the enclosure at any sub- sequent time and without need of a war- rant, and has the right to seize and im- pound the dog if any of the specifica- tions are not mel to his satisfaction. If the dog bites again, the owner is fully li- able, much as if he had been keeping a wild tiger in a cage. "Most owners would rather turn in their dog than comply," says Sholes. "So the net effect was to keep these vicious dogs off the street." Of course the vast majority of prob- lem pit bulls are unregistered and unli- censed. These are the animals that law enforcement officials must focus on, and fighting is not just aberrant behaVit) r in a civilized society, it has become a lethal liability within that society. ,T'Ile best new ordinances and leash laws in the world will be worthless unless the courts deal with these people seriously. I hey have to send a message that says: You want to own these dogs, fine. But you'll pay the consequences if you screw up." It is a message that is already ly=ing sent. In February, Hayward Turnipseed of De Kalb County, Ga., was convicted of involuntary manslaughter and sen- tenced to five years in prison after three of his pit bulls attacked and killed four-year-old Billy Gordon as the child walked through a neighbor's yard. Michael Berry, 37, the Cali- fornia man who owned the dog who killed two-year-old James Soto, has pleaded not guilty to a charge of involuntary manslaughter. And Edlyn Joy Hauser, the woman whose dog, Benja- min, attacked animal control officer Crowell, has pleaded innocent to three felony counts of assault with a dead- ly weapon—Benjamin—and intentionally inflicting great bodily harm. As for the American pit bull terrier, it, too, has taken its lumps. In the three weeks following those two grisly June incidents in California, more than 300 pit bulls and pit bull crosses were turned in to the Los Angeles County Animal Care and Control Department, most of them by owners who no longer want- ed the responsibility of keep- ing them, or who had simply become frightened of their own pet by the breed's reputation. The animals were all put to sleep. Overpopulation of the breed remains one of the chief concerns about pit bulls. especially in already crowded urban ar- eas. Law enforcement officials. animal control officers. animal rights groups and legislators are just beginning to ad- dress that particular problem. And the American pit bull terrier's aberrant sidekick? They're going to be dealing with the human part of the puz- zle for a long, long time. ■ BAZELAK RAISES CHAMPIONS FOR THE RING, NOT THE PIT S4 quickly. Unlicensed dogs should be im- pounded. And anyone who knows of in- dividuals who are keeping unlicensed dogs, or whose dogs are allowed to run loose, should be encouraged to report them to the proper authorities. "We've got to make bad -dog behavior imper- sonal," says Loew. "it should be like asking someone who is smoking in a no - smoking area to stop. No offense, but your dog is a problem." "For a long time the judicial system has not taken dogfighting and dog -bit- ing seriously," says Lapham. "That lais- sez-faire attitude cannot persist. Dog- By Ken Reddick ALt. BUT A PITTANCE= of the Twin Cities, Minn., area's solid waste was disposed in landfills in 1986. But by 1990, a whopping four-fifths of the re- gion's waste will be processed at re- source recovery plants. Instead of land disposal, most of this northern metro- politan area's wastestream will be recy- cled or used to produce energy. That change is a big success -- by anvone's measure. But there is an un- told story behind that number. It in- volves the slower transformation of a people and an industry. The Twin Cities' move away from landfills toward a solid waste system built on refuse -derived fuel and mass burn plants took 10 years of Minnesota State Legislature involvement. It will have taken a decade of planning at the regional, county and city levels. The solid waste problem finally caught tip with the Twin Cities — Min- neapolis and Saiynt Paul — and their suburbs in the late 1970s. Just like other large metropolitan areas, the Twin Cit- ies area faced the problem of a steadily growing amount of refuse and a shrink- ing landfill capacity. The region relied exclusively on low cost, close -in land- fills, and was not considering other dis- posal options. Experts said just a few years were left before all of the area's landfills would be full. Efforts by the counties to site new, landfills and a joint state/metro- politan agency planning process to site and build it federal demonstration facil- ity to store and process hazardous waste all failed. State Sen. Gene Merriam said the Minnesota Legislature, which had been monitoring the situation, concluded that new legislation was needed. "We were running out of landfill capacity. It was too difficult to site new landfills under existing laws. And we were beginning to look at garbage as an alternative energy resource, initially more so than just looking at ways to reduce our depen- dence on landfills," he said. But where to go from there was not at all clear. In 1978, a legislative joint committee on solid and hazardous waste concluded that "despite a full decade of regular legislative activity, the subject of waste management seemed rather less than more comprehensible, and the waste problem rather more than less in- tractable." Merriam, who has been the Minne- sota legislature's expert and chief au- thor of solid waste bills since the late 1970s. set out to draft new legislation for the 1980 session. "If we did nothing more than draft new landfill legislation," Merriam said, "we would have needed 20 more land- fills for the future. But what we were really scratching our heads about was it legislatively mandated process to en- courage landfill alternatives. As a last resort, we were looking at new mecha- nisms to site landfills in areas that were environmentally sound." Merriam learned up with Tom Todd, Na then a researcher for the Minnesota House of Representatives and now its associate director, to draft legislation that passed in 1980 (Minn. Stats. 473.801-848). The law gave marching orders to the region's seven counties to site new land- fills or to "abate" the need for those landfills through resource recovery pro- grams. It mandated the Metropolitan Council, a unique regional planning agency with broad powers, to put to- gether a new solid waste plan and to site a landfill for disposal of sewage sludge ash. The Council is a planning and coor- dinating unit of government with a fo- cus that includes the entire built-up portion of the Twin Cities area plus the sizable rural agricultural region that makes up a seven -county metropolitan area. Todd said the new law's timetable put landfill siting first, even though it was the least preferred option. "We used the landfill siting process to drive the devel- opment of the other alternatives. The law required each county to arrive at an inventory of five candidate landfill sites (or demonstrate to the Metropolitan Council why they could not do so). "The timing was deliberate. We wanted to get a lot of people involved in this issue. We wanted the public to re- think its waste disposal practices. We wanted to end up with a large number of candidate sites. We wanted people to be affected," Todd said. "Public issue resolution requires AUGUST 1987/WORLD WASTES 39 "There is no such thing as a good landfill from an environmental perspective. The issue isn't do they, but when will they pollute the groundwater. " State Sen. Gene Merriam stakeholders," Merriam said. "We in- volved people through the landfill siting process — whether or not they wanted to be involved." According to 'Todd, this approach is unique in that most siting processes quickly narrow down to one. site. "we saw other siting efforts fail because they made irreversible decisions along the way. Those decisions were subsequently challenged and, as a result, die process failed. "Here we ended up with several can- didate sites in each county — drawn front a large list of possible sites — that were scattered around the region. It got people invoked and it kept pressure on the politicians to conic up with altera- tives to siting new landfills." The legislature gave the job to the counties knowing it was going to be a very tough one, Merriam said. The pro- cess is similar to the federal Nuclear Policy Act of the early 1980s. The siting was undergirded with the power of eminent domain, and siting superceded all other state land -use leg- islation as well as all local govenunent plans, codes and ordinances. The counties were given "flow con- trol" power. Under it, they could re- quire that waste collected in the county be taken to designated resource recov- ery facilities. The law guaranteed a se- cure now of garbage to a plant. "That, plus a market, were the two ingredients we thought we needed to enhance the success of the plants," Merriam said. The 1980 law instructed the Metro- politan Council to prepare a region - wide solid waste plan. It was to be a "blueprint" that would result in a co- ordinated approach to solving the prob- lem. Because of the Council, the Twin 40 (-files arca sloes not h:nc the iutcrjut- isdiclional squabble. e,unrnon to other regions seeking to coordinate the reso- lution of region -wide issues. The Collocil s%as to offer technical assistance to the region's cities artd counties and snake grants front state funds to stimulate development of the new system. It also was to prepare en- vironmental impact statements for sonic of the projects and review them as if checkoff to see that county proposals were, in fact, consistent with the re- gional plan. The Council's Solid Waste Manage- ment Development Guide encourages a new system based on processing and re- cycling services int the region. It in- cluded goals for the percentage of each county's waste to be processed and re- cycled. "rhe plan places landfills at the end of the list of preferred choices for solid waste disposal. Formally adopted in 1985, the plan suggests issuing a mora- torium on landfilling unprocessed waste after 1990. Between 1980 and 1985, groundwater pollution was discovered at most of the region's existing and closed landfills, qualifying them for federal and state Superfund programs. According to Merriam, "We were learning that there is no such thing as a good landfill front an environmental perspective. The issue isn't do they, but, when are they going to pollute the groundwater." The realization of the long -terns costs of landfill cleanup changed the eco- nomics of the alternative recovery proj- ects. "I-andfills were no longer it low- cost option when people realized it would cost $150 million to clean up landfill pollution in the region," Mer- riam said. The environmental realities helped to convince the legislature to enact the 1990 moratorium suggested by the Council (Minn. Stats. 473.878). After 1990, only material that has been through a processing facility, such as ash, rtoncontbustihlc or unptu�r�suhl� ntaicrial, can be put in land) -ills. With the laws in place, -Todd and Merriam watched the "abatement" plans de\elop and put into effect. They point out that 4,700 tons per day of waste will be going to processing facili- ties by 1990 — four-fifths of all the waste generated in the Twin Cities re- gion. So far, developments include: • Reuter Inc. just opened it 400 -ion - per -day densified refuse derived fuel (RDh) facility. The firm will produce it cylindrical fuel pellet that will be mixed with coal and burned. Tile project, which costs $9 million to build, is en- tirely private. • Ramsey and Washington Counties, together with Northern States Po\+er Co., have ,just opened a 1,000 -ton -per - day RDi plant. The $22 -million plant will produce R1)P "fluff" for burning at the electric utility's generating plants. • Hennepin County recently received the final regulatory go-ahead and broke ground for a 1,000 -ton -per -day ni ass - burn plant in downtown Minneapolis. It will produce electricity and steam for downtown heating, beginning in 1990. Total construction cost is $70 million. • Anoka and Hennepin Counties have received a permit and begun construc- tion of a 1,500 -ton -per -day R1)F plant. 'I he fuel will be used by an electric util- ity outside of the 'Twin Cities area. las cost is estimated at $31 million. Dakota County, the other large ur- ban counly in the region, was not suc- cessful in negotiations with private firms for a large facility and is restarting its efforts. Transformation Begins "We were successful in transforming people's thinking. l he legislative push helped local officials forge a steel nerve to jump into resource recovery," Todd said. "We helped speed up the devel- opment of alternatives." "But," Todd cautioned, "if you evaluate the law based on expeditious - The Twin Cities Metropolitan Area's Solid Waste Management Goal i 75?w ._. _.. _. a PROCESSED WASTE 1986 PROCESSED WASTE 1990 WORLD WASTES -'AUGUST 1987 ,• Nee' The counties have come up with a mixture of proposals. If part of our system goes down, the other part, plus recycling, could pick it up. " — Josephine Nunn ness, them it didn't wort, :Is well as -- had hoped. Maybe we were overly wti- mistic at the outset. We linderest inaawd how hard it would he to c•hanee pc'o ple's values and hahils and to elu+nee an industry. We were legislating the• trans- formation of a sector of the economy, and that takes time." Getting to the point where the bull- dozers entered the picture took a ions time, Merriam said, because the focus of the law was initially on raising public consciousness about the issue. "And part of it has involved our owvn learning about the complexities and the chang- ing nature of the issue," he added. Josephine Nunn, a former mayor and now a Metropolitan Council naernber, heads the Council committee that de- veloped the region's solid waste plan. She is encouraged by the region's suc- cess. "The counties have come up with a mixture of proposals. They have fo- cused on the big-facility/high-technol- ogy side and have come up with both mass burn and RDF. I'm more com- fortable knowing we don't have to rely solely on one type. If part of our sys- tem goes down, the other part, plus re- cycling, could pick it up," Nunn Said. Unresolved Issues With the basic changes in mind, planners are turning to some new is- sues. Recycling has not developed as quickly as had been hoped. The Coun- cil's plan estimates the need to recycle 16 percent of the region's waste. But only about'four,percent of the waste streamcurrently is recycled. L Both Minneapolis and Saint Paul have curbside pickup, along with about a dozen suburbs. The Council and the k1l, counties have helped subsidize the ef- tort. aril n!a,li in,:entivc cr:n!Is a�:!il ahk• to .gel businesses inreresled in recv cline. Supercycle, a Finn invoked in manu- facturinL air baggage containers, is now operating a I : t r g e processing center for recyclable materials and k developing a mobile processing center. Northland Recycling [tic. is using Council seed monev to begin on-site rc- cvc•ling services for bars and resraurants in Hennepin County. The firm provides storm -e and baling equipment on site for cardboard and glicss containers. Other grants are addressing problems with recycling in multi -family housing complexes and supporting Goodwill In- dworws. Goodwill. an old hand at sal- vaeine houcrhold eciods, now oper:ues staffed drop off Sites for used furnkh- ings and reevclahle materials. In addi- tion, demott<rration projects are under -av to ,h•:11 with mechanic-il separation of recvcHhles, office -paper separation. large scale v:nd waste collection and Com post int!, and recovering cnrrug:ued cardboard from store% in shopping cen- ters. flaulers in the region are developing a keener business sense. Higher tipping fees at landfills and higher costs at the new processing plants mean haulers are selecting materials that can be put someplace els,: at it lower cost. Leaves and grass clippings can be dropped at it counly composting site for one-fifth the cost of dropping them at a new process- ing plant. With file advert of new processing capabilities, the re.gion will have to find safe ways to dispose the ash from the burn plants. The ash is estimated to amount to 540 tons of ash and residuals a year by 1990. The ash contains con- centrated metals, so dispo%al must be handled with care. There are concerns about fly ash eettine airborne at landfill disposal sites. Landfills for ash -- as well as any new landfill -- in Minnesota now must have leachate collection systems. The plinned county processing facili- ties do not handle all of the wastes for any coanaty. The leftover volumes are too low for any single county to con- sider building another facility, but they add up to enough to perhaps justify an- other facility. In addition, the region needs to solve a persistent problem at other mass burn and RIFF plants: what to do with the unacceptable wastes, such as large fur- niture, mattresses, carpets, tires and household hazardous materials. Minnesota's 1987 session of the legis- lature amended the law to require each - '1 counl.v to develop a rccNclui� iu!pic nte•rttatiou str:ile y. lu p:u't, the law rcc- oc,niics That lhr region's urh:nt counties have ptu nuts( of their effort inlo the processing side of the sNxtcm, but riot into developing the recycling side. The su'ategy, to be completed b} the end of 1988, must spell out what will he recycled in the county, who will do ii and how it will be paid for. 'file coun- ties will get $1.5 million front the Met- ropolitan Council for developing the straleey and paying for inaplcmcnt:t- lion. Developing A New Vision The C.'onncil is reviewing its regional plan to see wiml tine tuning naighl hi needed as file solid waste system changes. "We are now talking about a new vi- sion," said Josephine Nunn. '•\Ve'd like to get ourselves into a position so we will not have to site any more solid waste Iandfilk until well into the next cenrury, if at all. "We need to recycle more, and we need to keep the pressure on everything from continued public education to re- search on incinerator ash. We have done a good job in this region, but we're not complacent above it." Three specific future needs have been identified by' Council staft. (_)iie is an ongoing need to resolve the overlapping roles and responsibilities for waste management that occur in a developing system and to encourage private in- volvement. Second is a need for reseach on a r new generation of prohlcnts resulting; from changing to a new waste manage- ment system. These prohlen!s include disposal of materials that are unaccept- able :it mass burn and RDI facililics: bulky items and household hazardous wastes. They also include the treatment and disposal of leachate from landfill collection systems and the disposal of ash and residuals from the treatment plants. Third, planning must begin for the next generation of waste -processing fa- cilities, to be built 20 to 30 years from now, including o -a financing plan - "This region has responded to the vi- sion behind the 1990 goal," Nunn said. "Our new vision is to rely solely on re- source recovery plants and recycling to dispose virtually all of the trash gener- ated here. Now we have a fighting chance to do so." Ken Reddic•k is media c•uordinator for the Metropolitan Council of the Tivin Cities area. WORLD WASTES/AUGUST 1987 Following the Low Philly Mandates No Sorting No Pickup By Barry S. Shanoff Ir Pttlt~ADEt PMA residents and busi- ness operators want city or private collection trucks to pick up their trash, they must be prepared to separate newspapers, plastic containers, glass containers, metal cans, garbage and yard wastes. These stipulations fall un- der a recycling bill signed in late June by Mayor W. Wilson Goode. Environmental groups and recycling proponents hail the Philadelphia legis- lation as the strongest mandatory pro- gram in any major U.S. city. The law allows city officials to cancel trash pick- up for residents who ignore the rules and to deny licenses to noncomplying haulers. The trash separation regulations will be phased into effect over a two-year period: one-third of all residents will be covered within a year; two-thirds within The author is an attorney in Silver Spring, Maryland and a former en- forcement coun- sel with EPA who specializes in fed- eral, state and lo- cal land use and environmental matters. a year and a half; and all hollleS MILL businesses within tivo years. The law also creates a task force of city officials and a "public" recycling advisory committee to write specific rules to reach a recycling goal of 5o percent within four years. The advisory committee will reflect a wide spectrum of interest groups: the city's union trash haulers; private haulers; environmental and non-profit recycling groups; and businesses that recycle glass, paper, alu- mirrtrtra and other materials. Illinois Landfill Regs May Become U.S. Model As Illinois does, so docs the country — at least when it comes to landfill reg- ulations — said state Pollution Control Board Chairman Jacob Dunaelle. The Board has proposed cotttpreheta- sive rules for non -hazardous solid wastes that may be a model for pending federal regulations under the Resource Conservation and Recovery Act, ac- cording to state environmental officials. The U.S. Environmental Protection Agency expects to propose new Subtitle D rules soon and to issue final criteria before the March 1988 RCRA deadline. The new state rules would include re- quirements for landfill liners, leachate drainage and collection systems and area -wide groundwater assessments. State pollution engineers are boasting about the inclusion of standards for leachate recycling systems — a first for any state or federal solid waste regula- tory program, they say. Waste shred- ding, which also is addressed in the state proposal, and leachate recycling, can reduce by one-third facility post -closure care periods through accelerated waste biodegradation. The state would demand continuous operation of leachate collection systems and would allow no more than one foot of water in the granular area above the leachate collection pipes. The proposal favors "compacted earth liners" about three feet thick. Low -permeability geonaembranes could be used only in tandem with earth liners that meet state specifications. Illinois officials also propose to adopt the "NPDES model" for landfill dis- charges to groundwater, which would require an evaluation of the design ade- quacy of groundwater systems using standards previously reserved for point source discharges of pollutants to sur- face waters. Finally, the proposal sets out ground- water standards and assessment proce- dures applicable at 100 feet from the -7-- LA�O landfill unit or at the propctty bound- arv, whichever is closer. State enwincrr call attention to the. "centerpiece" of the groundwater impact asscssuaciit: It predictive contaminant transport model that would be used to confirm the ac- ceptability of landfill dC.iSlta parameters. Tokyo Pick-up Timely But Not Perfect Visitors to Tokyo will find that they probably won't need a calendar to tell the day of the week — they can simph check the curbside garbage. Local regulations require residents to sort garbage into distinct piles. For c\ - ample, on Monday, trash cans contain bottles and plastic containers. Food, paper and other burnable items are col- lected three days a week. Sanitation of- ficials say the separation rules have made garbage incineration cleaner and more effective. Noncombustible mate- rial is buried in landfills in Tokvo Bay. Still, the system is not perfect: up to 20 percent of the daily garbage collec- tion is the wrong type. Surprisingly, this rigid sorting and separation routine has not led to wide- spread recycling. Only sone 7,5(X) tons of iron per year are plucked from bulky wastes before burial. Officials have left the recycling of plastic and glass to community groups, rejecting a formal program as economically unsound. Things have been different, however, for paper recycling. Privately -operated sound trucks cruise neighborhoods ask- ing residents to trade old newspapers and magazines for rolls of toilet paper or boxes of facial tissue. At one time, 10 million tons of paper — hall' of the city's total paper consumption — was recycled in this fashion, according to Tatsuhito Hara, operations director I'or the Bureau of Public Cleansing. But as prices for newsprint declined, recycling has become less profitable, and resi- dents are again throwing out the pa- pers. The 8.4 million residents of Tokyo generate enough garbage each day to keep sanitation workers on 3,500 small- scale garbage trucks, (most of the city's 200,000 refuse pick-up locations are out narrow streets), making frequent trips to the dump necessary. And, like met- ropolitan areas everywhere, Tokyo is running out of landfill space. Incinera- tion helps: in 1986 the city disposed 2.6 million tons at 13 incinerator sites. But sanitation officials worry about the two million tons a year that the city dumps into the bay. AUGUST 1987/WORLD WASTES 51 .ESTATEIOURNAI n, l Ii"� T�I 3 ©tsa7Shelter Tech Media Company AUGUST 17, 1987 $1.5( ilii nhil )n of the neapolis and ad - ordered all, and ar age in, gubage out? �N� WNERS FIGHT PLYMOUTH TRASH TRANSFER STATION by Andris Straurnanis v c/ nsultant ounting — nt of 10 and the urant in A t least two development proposals have cooled because of Hennepin County's Opponents of Hennepin County's plan to build the transfer station are hitting at The Plymouth transfer station an d three "" plan to build a garbage transfer sta- . several _issues,including what they see as the others around Hennepin County would serve es Kerr tion in a major industrial park in Plymouth." Meanwhile, an uncommon alliance bet- poten- tial fer decreased property values. Businesses as Collection points for garbage. The garbage would be trucked from the transfer rise of for his ween several Plymouth businesses and a around the site have formed a committee that expects to spend plenty of money to fight the stations to Hennepin County's new trash incinerator analyst grass-roots citizens'group is forming fort to stop the transfer station m being county. nepin County officials, however, under construction in downtown Min - me ofhe garbagealso would ohthe built in the Minneapolis Industrial Park in Plymouth. say the transfer station will be clean and won't af- neap refuse -derived 1 i under ty _ _ fect land value. GARBAGE to Page 23 rnk s woes continue W OWNS MARQUETTE PLACE c has Marquette Place Co. Limited Partnership. 236- The action marks the second, if not third, wild- major Loring Park residential project which •dino.- fice say Chemical Bank also controls Loring Green East, a 193 -unit luxury condominium Project that opened in 1984. Tax information for the project is sent to Loring Green Holdings Inc., in care of Chemical Bank. City assessors ; were unable to confirm whether Chemical Bank also owns Loring Green West, a 144 -unit condominium project that opened in 1982. Officials from Gittleman Corp. and Chemical Bank could not be reached for comment. August 17, 199-, Minnesota Real Estate Journal ---- - Page "They look kind of like a warehouse,' says Another concerned developer is Trammell Garbage L.eick. "Tile operations are totally enclosed;' Crow Co. It acquired II acres just south of travAn el testimated I5-20 garbage trucks w. from page 1 and garbage trucks are unloaded indoors. Vantage's property as part of the land deals Spvel Plymouth site every hour, sa, But developers and manufacturers con- made for the Carlson Center project in Min- To battle the county's plans, a committee netted with the Minneapolis Industrial Park netonka and Plymouth. Stewart R. Stender, business representatives from the industrii construction in Elk River, Minn -aren't comforted by that. The trash -burning facilities, says Warren "Nobody wants to put a high ualit a partner ut the firm, says Trammell Crow park has been studying what to do. Commi. Porter, an engineer m Hennepin County's en building or tenant where g Y :would like to sell that Property. but concedes tee members included such businesses a vironment and energy department, are be' _ they're going to be that talk of a transfer station just across theWagner S built because the state has mandated that no overlooking president station, ­ a says and ._ road will have an effect. Pmt h, COMB Company Inc. more metropolitan garbage be placed in Pe I think it would slow Alin &Child, TAPE Inc. and Trammel landfills by 1990. engineering for Wagner Spray Tech. Wagner, looks at the site;' he says • "I'm definitely� Craw. which manufactures consumer and corttmer tied about the value of the property says ]:StIV et ofin .to spend what's necessary; Proposed locations ofthe transfer stations, tial paint application equipment, is located While some devei developers • Pte ,adding tha according to Janet D. Leick, administrative �Airectiy across I-494 from the proposed °Pe re a[ the group has to move quickly because th� assistant for the county's Bureau of Public transfer station site. P Posed seeing negative effects of the transfer station county is well into its plan. Service, are: Ester describes the MpropowdwY also argue that the county may Part of the business committee's strategy • The 15 -acre site in Plymouth, in the nor Park as "hi class,' Industrial deal with inverse condemnation tom includes theast corner of the Interstate -494 and Hen an0 he s sure that a - plaints once the station is built. cooperating with a Plymouth en transfer station will affect property value. "'Ib viromtrcntal group, Ester says. repro County Road 6 intersection. The vacaof nt dump a garbage dump in the middle of it ust "It will cause a change in the neighbor- We're going to have an awful lot of people lot was bought recently by Vantage Cos. vacant seems asrmne," he adds. j hood, and ultimately a diminution in the pro- being mobilized:' warns Jim Sentman, presi- Eden Prairie, which had plans to build os of- Ralph O• Robinson, resident a TOLD PertY �Ue' � Roberti. Strachota, presi- dent of the Community League for En - we tice complex there. The Plymouth site was Development Co. in Eden Prairie, a dent of the Minneapolis-based commercial vironmentall chosen after the Hennepin County Board, "It's the worst agrees. . real estate appraisal firm of Shenehon and - (CLEAN Y Acceptable Neighborhoods reacting to community Possible thing that could hap Associates. Strachota reviewed the Plymouth old American wear• U Just luck offs good - reacting protest, reversed a pen to a prime site like that;' he says• site for TOLD Development. the PI mota uthde- The concern over the coon s decision to build a transfer station on county Robinson's owned landinHopkins• comPanJ sconce site ` clined to reveal the cost of the TOLD site transfer station sites is not limgarbage it o e A five -acre site at 94th Street and James it plans ns tttod buy t� res to of Wagner Spray or estimate how much that value would be Plymouth. In Brooklyn Park, for example, Avenue in Bloomington. A business located will be put on this site: he says, "antd it what, Huen�ne m Count Commissioner Jeff Jim there, Conveyors Inc., would have to be be influenced by the transfer station." Jim Steubner, president m Northland P y operant Co. ,says his firm is opposed to relocated if the transfer station is to be built. While TOLD Development is concerned, Plymouth site would have a tough time pro- Steubner's company is developing the Spartz, however, thinks that neighbors of the the county's plans. In Brooklyn Park, on three vacant lots total Vantage Companies is plain upset. Just after vin harm to their Property values. 400 -acre Northland Industrial Park, next mg eight acres, located in an industrial park Vantage bought the land, it learned that the g sector along Winnetka Avenue North. The Hennepin County Board was eyeing it for the When confronted by businesses question- door to the proposed transfer station. About site is surrounded by a number of businesses ing the wisdom ofplacing the transfer station 100 acres remain to be developed including those in Brolin's Winnetka In- Vsi�ffer sbut ite. Th boatel at fust rejected the m Plymouth Spartz ped and, adopted a resolution tram-, "[challenge them Steubner says, "We're going to be very dtrstrial Park and Northland Park ingsite, Plymouth and the other three to go out and find a crummy county public cautious about build' • The existing Minneapolis South transfer tions transfer = works 6cility." Hennepin Coun he any rtrae -� or station at 28th Street and Hiawatha Avenue. has a history of building quality ty' �Ys C gA office sties that are going to Now on 1.3 acres, the court tage Project manager Kelly Doran 8 9 ty structures end looking over this garbage dump." county Plans to enlar8e the The transfer stations "will look good they, Besides the potential of Property devalua- the site to 11 acres. That would mean P to build W Hepta will fu►tction well. u" Corporate Center, a 1134A00 squarfoot i •• . tion and damage to a 130 acre wetland that relocating several homes and businesses, technologytf'fice/showroom lex the _, I m confident;' he adds about the feeds Shingle Creek, Steubner is worried Around the Plymouth site, part of parcel. But since the Onou Ply�thtiansferstation, "that it will look : about garbage truck traffic. "Unfortunately, - developers' concerns appear driven by their = tentions, theproject.cotrrky tit- 'better than some of its neighbors." . - he says, "most of that activity is visible from perception of a transfer station as an unkempt— sure has`becorne'�: But even if the transfer station looks nice, our Northland Meadow Executive Office pt dubious sit,+ garbage dump. But Hennepin (orrery says , _ a: It's noton the back burfti t'"ppfatt = W Strachm, there's still garbage truck traf-- - Park: ' _ that's not at all what a transfer station looks - "but it's not moving along aus =fit to consider. "It's the character of the traf. possible."peditiousiy,a (re;' he says. •..It's just not aesthetically - pleasing for the community." WAYZATA/P LY MOUTH AREA CHEMICAL HEALTH COMMISSION 600 RICE STREET • WAYZATA, MINNESOTA 55391 • 6121473-0234 August 17, 1987 Mr. Frank Boyles Assistant City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, MN. 55447 Dear Mr. Boyles, LL 2 AUG 19 1987 =` -1 "� lYiVi In response to your request as to how the City of Plymouth's $1,000 contribution to the Wayzata/Plymouth Area Chemical Health Commission has best served and impacted upon the residents and Community of Plymouth, allow me to briefly state the following positive accomplishments. 1. During the past year our commissions projects have reached and served at least eighty percent (80%) of the Wayzata/Plymouth School District #284 population with our programs. 2. Another aspect of our work, one of our most recent contributions to the City of Plymouth was our participation in the Parkers Lake Grand Opening where we literally filled the air and surrounding areas with free, imprinted Wayzata/ Plymouth Area Chemical Health Commission balloons, thereby creating a very favorable impression and awareness upon all Plymouth residents in attendance, and adding greatly to your planned dedication and opening festivities. 3. In addition to the very high community profile we enjoy, your contribution has enabled our commission to continue our nationally recognized and acclaimed drug and alcohol awareness program, "Please Don't Do Nothing". In this regard we recently shipped three hundred (300) workbooks to a Los Angeles, drug and alcohol center so they could emulate our program and concept. Whether its Mount Kisco, New York, Atlanta, Georgia or the University of Notre Dame who request the use of our programs and material the name Plymouth is synonymous with all of our efforts and referrals on a nationwide basis. 4. We are also committed to financially co -sponsoring the Illusion Theatre present- ation to be held free of charge at the senior high school on November 24, 1987. This/will benefit untold numbers of Plymouth resident students, parents and families. 5. We, the Wayzata/Plymouth Area Chemical Health Commission (W/PACHC) have also been requested to serve as the Advisory Board for the school district chemical health program. 6. Funded and supported AFDA high school picnic where members and their families attended at Baker Park. S, -_S PLEASE DONT DO NOTHING 1 S - Page 2 August 17, 1987 7. In addition, we financially supported and underwrote the spring SOS picnic where approximately 42 members attended. This also included bus transportation to and from the picnic area. 8. We are currently in the conceptual and planning stages of holding and hosting a national drug conference to be held in the Wayzata/Plymouth area and will most certainly focus nationwide attention on our program. Frank, you requested a brief synopsis of our activities and impact on the community of Plymouth and its residents, as a result I have outlined above a few of many projects and endeavors for your edification that will most certainly justify any funding the City of Plymouth has been generous enough to provide on our behalf. I also apologize for the lateness of this response, however it was beyond my control in what can only be described as a extremely busy summer schedule. In closing, I can only reiterate on behalf of the entire commission our gratitude for the City of Plymouth's continued funding and confidence in one of this nations most respected and sought after drug and alcohol awareness and prevention programs. Thank you, and if I may be of further assistance please do not hesitate to contact me at 473-4667. Sincerely, Bill Nelson W/PACHC Chairman cc: James G. Willis Wayzata Mayor William Humphrey WAYZATA/PLYMOUTH AREA CHEMICAL HEALTH COMMISSION 600 RICE STREET • WAYZATA. MINNESOTA 55391 6121473-0234 MEETING NOTICE WAYZATA/PLYMOUTH AREA CHEMICAL HEALTH COMMISSION FRIDAY, AUGUST 28th, 1987 WAYZATA SCHOOL ADMINISTRATION BUILDING 7:00 A.M. PLEASE PLAN TO BE IN ATTENDANCE HEY, HOW DO YOU LIKE OUR NEW STATIONERY! PLFASE DONT DO NOTHING �! METROPOLITAn WAITE conTROL commlrflon Tvw Cites area August 18, 1987 Mr. Virgil Schneider, Mayor City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Mayor Schneider: The Metropolitan Waste Control Cammission would like to take this opportunity to inform the city about the 1986 Final Cost Allocation and the 1987 and 1988 Statement of Charges for interceptor and treatment works use. The following paragraphs explain that the Final Cost Allocation is based on actual flow and expenditures while the Statemment of Charges is based on estimated flow and budgeted expenditures. We have determined the actual wastewater flow from your city to be 2205 million gallons (MG) in 1986 (see Attachment A), This wastewater flow to the Metropolitan Disposal System (MDS) was based on the me-tered and unmetered flow originating fran your community. It also includes 17 MG for your community's proportional share of the total estimated infiltration into the Commission's Joint Interceptor which is located in St. Paul. In late 1985, the Commission forwarded a 1986 Statement of Sewer Charges to your camuunity which was based on the expenditures approved in the Commission's 1986 Budget and on your cormnmity's 1986 estimated wastewater flow of 2170 MG which was made in early 1985. Your community paid the Commission $1,702,203.84 in 1986 based on this statement of charges. If this amount does not agree with your records, please inform the Commission's Internal Auditor. The Commission has now completed the 1986 Final Cost Allocation (Attachment B) which is based on the Commission's actual. 1986 budget expenditures and on the actual 1986 wastewater flows. The 1986 Final Cost Allocation shows that your charges are $1,589,340.26 for the 2205 MG discharged to the MDS in 1986. The Conmission did receive an overpayment of $112,863.58 from your community in 1986. This amount will be credited on the 1988 Statement.of Sewer Service Charges. The reason for the credit is that the Caraission underspent its 1986 budget by about $2 million and that the total flow discharged to the MDS in 1986 was about 5% greater than the estimate. The increased flow is primarily due to precipita- tion being significantly above normal during the past four years. Attachment C shows that the total metropolitan area wastewater flow varies nearly + 7 percent depending upon the amount of precipitation received in the period prior to and during the year of the record. This variation in the wastewater flow is pri- marily the change in the amount of inflow/infiltration (I/I) as a portion of the total wastewater volume. According to our flow records, it appears that significant I/I flow is present in your sewage collection system. The volume of I/I flow can be minimized if sewers are properly installed and an on-going sewer maintenance program is implemented. Mayor Virgil Schneider Page Two August 18, 1987 The 1987 wastewater flow estimate for your com=ity is 2260 MG (see Attachment D). This estimate, which was made in mid -1985, includes the 900 new residential equivalent connections (REC's) expected to be added to your sewer system during 1987. Based on the metered flow data to date, this estimate appears to be satisfactory. Should any change in flow significantly affect the user charge, the Commission will contact you in this regard. The Commission has begun the preparation of the 1988 Statement of Sewer Service Charges for the 105 communities who discharge to the MDS based on estimated flow and budgeted cost. The initial step in this process is to estimate the wastewater flow that will be generated by each of these commmmities in 1988. The Commission has estimated your community's 1988 flow to be 2390 MG on the basis of past flow records, precipitation trends, and your community's antici- pated growth of about 900 REC's. The Commission is also preparing its 1988 Budget. The Budget includes the operation and maintenance costs plus the user portion of the debt service necessary to fund existing and proposed capital improvement projects. The 1988 Budget is now being presented for public review and pursuant to its approval in August, the 1988 Statement of Sewer Service Charges will be ccmpleted and furnished to each community in compliance with the provisions of Minnesota Statutes, Chapter 473 as amended in 1987. The amended law allows the Cammission to consider current value credit as debt service, establish a uniform rate for all user communities which will be phased in over a 5 -year period, and establish a reserve fund not to exceed 7.5% of the operating budget. We trust that the information contained in this letter will help you understand the process the Commission uses to allocate sewer service costs to each ccm- munity. If you have any questions on the above information or on any of the attachments, please contact the Commission. Sincerely, Peter E. Meintsma Chairman PEM:RAO:jlw cc: James Willis, City Manager MWUC Commissioner Paul McCarron L. J. Breimhurst, MWUC R. L. Berg, MWUC Attachments: A - 1986 Final Sewage Flow Determination B - 1986 Final Cost Allocation C - Annual Community Flaws D - Statement of 1987 Sewer Service Charges FINAL SEWAGE FLOW DETERMINATION 19-2y,:;, COMMUNITY 1 k 1971 TOTAL 1972 TOTAL 1973 TOTAL 1974 TOTAL 1975 TOTAL 1976 TOTAL 1977 TOTAL 1978 TOTAL 1979 TOTAL 1980 TOTAL CURRENT YEAR ESTIMATED FLOW METER FORMULA M -11$ M -7,2j 1981 1982 1983 1984 1985 R NUMBERS AND FLOW VOLUMES (MG) ONTH --—MEJ ,,, _ .�., t 2- OW Jan. 3. Feb. ' 4 / 47, Mar. o,q 7, *UNMETERED FLOW -- Basis of unmetered sewage flow (see reverse side) , Zi 3,S Apr. May June /77.3 Julv !9 .2 /f14�/B Aug./9 ,4 - /83,9 Sept. 1 Al, 8�. S Oct. /7-3,0 Nov. tSG► 917 Dec. 15z3 _ TOTAL . Z QUARTER METERED FLOW *UNMETERED FLOW TOTAL FLOW t 2- 2. 2. 3. 4 2;z o 5 *UNMETERED FLOW -- Basis of unmetered sewage flow (see reverse side) , FLOW TO: 7L UNMETERED FLOW UNMETERED FLOW (MG): 4- 4-4. SUBTOTAL: FLOW FROM: UNMETERED FLOW (MG): METROPOLITAN WASTE CONTROL COMMISSION FINAL COST ALLOCATION FOR BUDGET YEAR 1986 172 PLYMOUTH CURRENT USE CHARGES: TREATMENT WORK COSTS SEWER SERVICE AREA NO. 1 TOTAL CHARGES OTHER CREDITS OR CHARGES CURRENT VALUE CREDIT DEBT PAYMENT CREDIT 1984 FINAL COST ALLOCATION TOTAL CHARGES OR CREDITS TOTAL ANNUAL ACTUAL CHARGES 1986 CASH PAYMENTS NET SURPLUS (OR DEFICIT) MILLION GALLONS 2,205 2,205 AMOUNT 1,436,882.51 201,071.55 1,637,954.06 217.00 CR 10,469.00 CR 37,927.80 CR 48,613.80 CR 1,589,340.26 1,702,203.84 112,863.58 6/2 87 ANNUAL COMMUNITY FLOWS (MGY) Revised - 4/15/87 COMMUNITY 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 ANDOVER 0 0 0 0 0 6 48 76 71 97 83 88 90 102 101 113 ANOKA 592 636 619 588 518 576 626 660 650 685 634 671 722 746 719 754 APPLE VALLEY 174 192 288 300 383 441 468 538 570 670 654 625 702 784 798 865 ARDEN HILLS 184 193 218 245 265 265 310 361 436 427 410 409 450 441 416 460 BAYPORT 175 174 150 164 189 185 177 171 195 162 173 191 197 182 192 243 BIRCHWOOD 22 22 20 22 25 24 27 29 27 29 29 30 29 33 32 32 BLAINE 323 423 472 501 583 590 626 654 710 733 786 802 866 919 916 980 BLOOMINGTON 1382 2346 2477 2360 2407 2440 2564 2736 2938 2867 2946 3087 3137 3404 3414 3625 BROOKLYN CTR 858 945 949 986 1117 1114 1075 1125 1087 1077 1024 1137 1216 1168 1168 1216 BROOKLYN PK 661 822 849 882 960 911 1011 1213 1352 1286 1298 1370 1465 1568 1614 1746 BURNSVILLE 638 714 756 758 847 832 906 996 1060 1005 1036 1319 1538 1627 1575 1642 CENTERVILLE 0 0 0 0 0 0 0 10 22 23 28 33 38 39 38 37 CHAMP LIN 64 64 65 62 71 71 75 74 72 80 101 110 128 167 197 274 CHANHASSEN 63 71 91 136 150 134 155 214 141 219 225 269 317 363 324 375 CHASKA 192 211 264 252 314 297 270 352 330 235 253 290 373 396 338 452 CIRCLE PINES 64 60 68 67 81 92 87 88 94 89 85 82 95 102 111 138 COLOMBIA HTS 751 712 689 744 838 718 712 750 705 690 663 527 491 493 524 549 COON RAPIDS 543 548 630 666 _ 885 882 782 908 948 918 941 1020 1089 1082 1114 1241 COTTAGE GROVE 276 317 336 332 329 332 354 490 584 585 442 459 474 475 492 553 CRYSTAL 781 792 784 801 951 849 838 956 940 849 831 867 978 911 951 986 DEEPHAVEN 1 36 64 104 81 114 123 148 152 132 142 138 134 138 137 144 DELLVOOD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 EAGAN 173 270 440 471 577 560 669 797 938 900 961 1050 1189 1300 1327 1524 EDEN PRAIRIE 6 19 82 179 214 247 299 363 484 541 585 660 966 897 1022 1378 EDINA 1681 2037 2140 2232 2457 2386 2428 2597 2658 2501 2475 2597 2700 2744 2777 2864 EMPIRE T9SHP 0 0 1 3 3 6 10 12 13 14 15 15 16 16 17 19 EXCELSIOR 145 147 116 122 126 106 101 105 113 112 99 108 116 126 103 106 FALCON HTS 380 379 405 393 414 414 404 351 365 388 357 367 361 392 421 444 FARMINGTON 122 111 147 127 215 134 125 192 279 234 220 308 449 464 402 499 FOREST LK CY 81 92 134 145 213 197 194 248 281 148 275 276 293 315 295 313 FOREST LK TP 58 75 76 81 86 88 87 99 115 118 103 113 123 129 129 133 FRIDLEY 1031 1033 1177 1175 1313 1240 1135 1219 1204 1220 1266 1177 1233 1314 1360 1397 GEM LAKE 10 7 7 7 7 9 18 14 18 15 16 12 8 9 9 10 GOLDEN VALY 1074 1180 1221 1113 1285 1116 1226 1314 1277 1097 1129 1268 1331 1379 1395 1350 GREENFIELD .0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 GREENVOOD 0 2 23 19 23 23 23 23 23 23 23 23 21 23 24 21 HASTINGS 332 425 481 472 469 477 500 522 495 526 544 549 605 600 605 578 HILLTOP 22 22 22 22 22 22 22 22 22 22 22 30 31 31 31 31 HOPKINS 567 790 767 787 726 726 738 727 749 740 748 775 795 791 822 809 HUGO 0 0 0 2 46 25 37 36 39 35 34 44 44 51 53 57 INDEPENDENCE 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 INVER GR HTS 213 230 251 291 288 291 290 335 386 380 383 407 397 407 481 489 LAKE ELMO 0 0 1 1 1 1 1 2 2 2 2 1 1 1 1 1 LAXETOVN TYP 0 0 0 0 0 1 13 21 22 21 20 14 15 15 16 21 LAKEVILLE 180 172 283 319 370 305 309 409 458 457 495 519 729 837 782 989 LANDFALL 16 21 11 21 22 22 22 22 22 22 22 22 22 23 23 23 LAUDERDALE 72 72 50 46 53 48 44 54 55 55 54 74 80 78 80 76 LEXINGTON 44 54 39 41 52 34 34 46 40 36 42 46 47 48 55 64 LILYDALE 0 0 4 6 10 12 15 16 20 17 17 18 20 22 20 21 LINO LAKES 0 0 3 4 4 3 4 9 13 13 17 22 26 32 34 37 LITTLE CANADA 183 174 145 194 257 222 190 267 275 245 276 265 247 263 306 478 LONG LAKE 57 61 49 63 78 57 63 95 96 69 72 90 106 108 102 128 MAHTOMEDI 87 79 90 93 108 100 94 111 123 121 107 118 125 137 137 146 MAPLE GROVE 0 25 91 142 206 258 301 374 471 522 557 625 716 755 864 957 MAPLE PLAIN 80 99 82 86 128 78 63 88 93 65 84 114 116 135 141 113 MAPLEWOOD 1285 1444 1479 1472 1607 1469 1452 1467 1532 1497 1536 1530 1574 1637 1710 1721 MEDICINE LK 16 10 7 7 8 8 8 10 9 10 12 13 14 14 16 14 ,1/87 ANNUAL COMMUNITY FLOWS (EY) Revised - 4/15/87 COMMUNITY 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 MOIRA 26 31 27 17 37 29 35 59 51 43 45 61 84 118 111 82 MENDOTA 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 MENDOTA HTS 287 257 2B2 327 346 284 303 377 399 370 337 351 394 516 569 556 MINNEAPOLIS 30361 29789 28215 26406 26662 23513 23289 23407 24085 23508 22826 23101 24737 25328 25893 25225 MINNETONKA 121 162 343 622 887 1002 1097 1240 1370 1422 1405 1574 1786 1919 1903 2134 MNTAKA BEACH 0 0 0 0 1 10 14 21 23 24 19 25 23 27 27 28 MINNETRISTA 0 0 0 7 30 '37 40 89 97 61 56 53 65 69 79 68 MOUND 334 373 398 434 402 384 423 431 401 364 373 421 437 467 410 408 MOUNDS VIEW 223 258 335 326 359 364 371 391 436 424 463 394 432 469 470 479 NEW BRIGHTON 493 584 574 561 665 665 649 780 759 737 807 820 882 895 860 900 NEW HOPE 903 945 861 924 1036 838 838 941 964 892 899 955 1109 1096 1052 1055 NEWPORT 65 63 65 62 83 79 99 119 122 106 90 103 121 106 108 136 NORTH OAKS 3 5 6 9 11 9 10 11 11 12 13 13 15 15 16 16 NORTH ST PL 437 512 442 388 463 407 413 482 543 518 438 490 546 628 594 625 OAKDALE 257 304 381 378 414 386 412 517 532 499 505 535 658 655 630 724 OAK PARK HTS 29 34 44 52 79 77 70 78 112 101 92 104 101 133 121 122 ORONO 88 105 112 118 130 118 130 188 181 179 168 185 207 212 214 224 OSSEO 96 101 100 102 134 111 108 116 124 122 116 114 104 105 108 106 PLYMOUTH 645 712 722 772 1003 1047 1191 1459 1559 1608 1550 1674 1900 2064 2134 2205 PRIOR LAKE 42 43 46 56 104 161 206 247 290 262 264 283 391 366 363 414 RAMSEY 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 3 RICHFIELD 1451 1134 1139 1080 994 1058 978 1000 1004 983 979 921 1024 1007 869 941 ROBBINSDALE 524 495 498 544 548 488 457 505 450 485 468 474 471 503 502 516 ROSEMOUNT 36 39 44 74 80 87 97 106 108 106 110 114 125 135 138 149 ROSEVILLE 1636 1577 1486 1504 1790 1481 1524 1603 1542 1496 1525 1575 1793 1891 1756 1813 ST ANTHONY 304 309 352 323 425 360 349 385 387 341 353 405 408 440 402 411 ST BONFACIUS 0 2 10 10 17 18 19 26 27 22 29 30 26 32 30 38 ST LOUIS PK 2523 2522 2465 2374 2415 2268 2181 2289 2454 2397 2287 2279 2558 2539 2448 2504 ST PAUL 25533 24459 22303 21906 23802 20000 19909 21635 21423 19770 18740 18234 21030 19653 18455 20187 ST PAUL PK 111 113 108 101 118 129 130 140 135 117 118 125 136 138 134 146 SAVAGE 115 121 106 138 153 140 141 134 158 138 145 176 217 228 233 265 SHAKOPEE 434 449 462 574 615 648 638 675 714 693 716 721 781 762 809 873 SHOREVIEW 321 179 337 364 516 • 513 497 589 623 583 636 657 655 739 759 791 SHOREWOOD 0 15 64 108 141 146 153 192 229 192 189 220 240 259 253 292 SO ST PAUL 3717 3403 3275 3470 3742 3007 3000 2774 2890 2278 2441 3016 3037 1759 2044 2292 SPRING LK PR 155 137 153 145 161 162 171 184 195 191 193 198 208 226 228 238 SPRING PARK 58 72 61 63 82 79 80 101 105 107 106 107 106 111 110 114 STILLWATER 796 716 665 650 685 691 697 726 803 741 749 849 935 947 878 875 STILLWTR TVP 0 0 0 1 2 1 2 2 2 1 1 1 1 1 1 1 TONKA BAY 39 40 63 69 82 52 51 78 67 64 61 63 76 73 69 69 VADNAIS HTS 32 64 107 98 117 124 158 260 262 231 236 236 222 245 252 309 VICTORIA 18 19 21 12 24 25 31 35 36 36 38 51 54 58 62 64 WACONIA 0 0 0 0 17 109 114 126 128 113 124 140 156 160 162 171 WAYZATA 184 203 190 204 240 208 205 262 265 243 235 242 254 253 251 258 VEST ST PAUL 559 701 809 748 864 754 812 885 940 866 841 876 966 962 1019 1047 WHITE BR LK 501 596 632 '597 719 739 613 724 749 685 699 724 801 839 843 900 WHITE BR TVP 65 72 99 62 87 81 106 145 125 147 149 163 198 244 232 300 WILLERNIE 15 15 15 15 15 15 15 15 15 16 16 16 16 16 16 16 WOODBURY 184 205 261 206 300 298 328 437 525 500 486 518 583 604 605 658 WOODLAND 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL 90380 90343 88301 87127 93979 84760 85307 91502 94294 89918 88488 91161 100114 101245 99954 104990 METROPOLITAN WASTE CONTROL COMMISSION t-74, STATEMENT OF 1987 SEWER SERVICE CHARGES 172 PLYMOUTH GALLONAGE % OF TOTAL AMOUNT CURRENT USE CHARGES TREATMENT WORKS COSTS 2,260 .022293 $1,635,960.31 SEWER SERVICE AREA NO. 01 2,260 .032163 230,482.44 TOTAL CHARGES $1,866,442.75 OTHER CREDITS OR CHARGES CURRENT VALUE CREDIT $ 217.00 DEBT PAYMENT CREDIT 10,176.00 1985 FINAL COST ALLOCATION 22,884.48 TOTAL CREDITS OR CHARGES $ 33,277.48 TOTAL ANNUAL ESTIMATED NET PAYMENT DUE $1,833,165.27 MONTHLY INSTALLMENT $ 152,763.77 Due on the first day of each month. Installments not received by the 10th day of each month in which due shall be regarded as delinquent and shall bear interest from the first day of such month at the rate of 6% per annum. 9.12.86 CITY OF PLYMOUTH PLANNING COMMISSION MINUTES AUGUST 12, 1987 The Regular Meeting of the Plymouth Planning Commission was called to order at 7:07 P.M. MEMBERS PRESENT: Chairman Steigerwald and Commissioners Wire, Plufka, and Marofsky Commissioners Pauba and Stulberg, 7:20 P.M.; Commissioner Zylla, 7:28 P.M. MEMBERS ABSENT: None STAFF PRESENT: Planning Director Blair Tremere Community Development Coordinator Ray Anderson City Engineer Sherm Goldberg Planning Secretary Grace Wineman *MINUTES MOTION by Commissioner Plufka, seconded by Commissioner Wire MOTION TO APPROVE to approve the duly 22, 1987 Planning Commission Minutes as submitted. VOTE 4 Ayes. MOTION carried. DISCUSSION ITEMS The Commission discussed the Community -Based Residential Facilities Study and reviewed the Joint meeting discussion by the Special Committee and the Planning Commission. Com- missioner Marofsky suggested that the Special Committee members be present at the Public Hearing to be held on the final report findings. The Commission agreed they should have a study meeting prior to the public hearing. The Com- mission agreed to meet at 7:00 P.M. on August 26, 1987, prior to the regular meeting to discuss the final report; the Commission, at that time, will set the date for further meetings and hearings. The Commission discussed future meeting dates; Director Tremere stated that the meeting of August 26, 1987 would include the Public Hearings for the Capital Improvements Program and Ordinance Amendments. Commissioner Marofsky stated that the Board of Zoning Adjustments and Appeals wants to meet Jointly with the Plan- ning Commission and have suggested a meeting date in Septem- ber or October. A bus tour of the City was discussed to orient the new members of the Board. The Planning Commis- sion will set the joint meeting date at their meeting on August 26, 1987. -167- I Page 169 Planning Commission Minutes August 12, 1987 Chairman Steigerwald commenced the agenda's business items at 7:30 P.M. Commissioner Pauba requested that Item No. 6-B under New Business be heard prior to the Public Hearinqs. The Commis- sion concurred. NEW BUSINESS ITEM z� Chairman Steigerwald introduced the variance request by MM. & SEAN PUCEL William and dean Pucel to construct an accessory building on VARIANCE (87076) a lot without a principal building, on an island in Bass Lake. Reading of the August 5, 1987 staff report was waived. Mr. and Mrs. Pucel had no questions or comments. The dimensions of the accessory building were confirmed for Commissioner Wire. Commissioner Marofsky confirmed that the accessory building is tied to the Pucel's principal resi- dence at 5705 Evergreen Lane; and, that if the lot on the island is not sold with the residence, the building would be removed. MOTION by Commissioner Pauba, seconded by Commissioner MOTION TO APPROVE Plufka to recommend approval for the Variance to put an accessory building on a lot without a principal use on an island in Bass Lake, subject to the conditions listed in the August 5, 1987 staff report. VOTE - 7 Ayes. MOTION carried. PUBLIC HEARINGS Chairman Steigerwald introduced the request by St. Barnabas Lutheran Church for a Conditional Use Permit for the Montes- sori School of Wayzata Bay. Reading of the August 5, 1987 staff report was waived. Wayne Peterson, 3895 Harbor Lane, representing the church, had no questions or comments. Chairman Steigerwald opened the Public Hearing, as there was no one present to speak on this item, the Public Hearing was closed. i MOTION by Commissioner Plufka, seconded by Commissioner Marofsky to recommend approval for the Conditional Use Permit for the Montessori School of Wayzata Bay, subject to the conditions listed in the August 5, 1987 staff report. Roll Call Vote. 7 Ayes. MOTION carried. Chairman Steigerwald introduced the request by the Hennepin County Park Reserve District for approval of the Site Plan and Conditional Use Permit for Phase II of the development MOTION CARRIED ST. BARNABAS LUTHERAN CHURCH CONDITIONAL USE PERMIT FOR MONTESSORI SCHOOL (87085 MOTION TO APPROVE VOTE - MOTION CARRIED HENNEPIN COUNTY PARK RESERVE DISTRICT SITE PLAN AND Page 169 Planning Commission Minutes August 12, 1987 of the Clifton E. French Regional Park. An overview of the August S, 1987 staff report was provided by Coordinator Anderson. Commissioners Plufka and Stulberg inquired about the ordin- ance parking requirements for this phase; specifically, the number of spaces and proper ratio. Director Tremere stated the City concern regarding parking centered on the assembly buildings and areas and, boat landing and picnic areas. The Hennepin County Park Reserve has shown that if additional parking is demanded, it can be accommodated on-site. Commissioner Marofsky inquired about drainage. Mr. Don King, Hennepin County, _explained the drainage system; he further explained the catch basins to be installed and the sedimentation pond installed with Phase I of their develop- ment. Commissioner Plufka inquired about treatment of storm water and if there would be "skimmers"? Mr. King answered affirmatively; that they would install skimmersto drain to the sedimentation pond. Mr. King stated he concurs with the staff recommendations. Chairman Steigerwald opened the Public Hearing. Chairman Steigerwald read into the record the letters received from the Heritage Highlands Homeowners Association and from Patricia Hoyt Neils; who state their support of the Hennepin County Park Reserve District plans for the Regional Park. Sharyn Grone, 3600 Forestview Lane, stated her concern re- garding the parking issue. She has written to Plymouth Councilmembers regarding the visitors to the park, parking on her block; and, there have been problems with damage to property, and refuse left by those visitors. She stated that "free parking" is the draw and she would not want this to increase with further development of the Regional Park. Director Tremere confirmed there have been problems over the years with parking on 36th Avenue North, and that even with posting the street, there may need to be a additional polic- ing and enforcement. He noted there is no lack of parking within the facility, but that the "free parking" on the street is the draw. He stated this problem will be brought to the attention of the City Council. Commissioner Plufka inquired if Ms. Grone and her neighbors were amenable to the street being posted "No Parking" ? CONDITIONAL USE PERMIT (87073) Page 170 Planning Commission Minutes August 12, 1987 Ms. Grone stated she wants a policy set for issuing permits to the residents so that homeowners and their guests only could park on the street. Mr. Gaylord Thormodsgard, 3610 Forestview, concurred with Ms. Grone, stating he has talked with Fred Moore, the Police Chief, and the Mayor, receiving no satisfaction regarding these problems. He stated there is very heavy traffic and he would like to see a bike path or at least a shoulder installed for 36th Avenue. Mr. Robert. Wicklund, Hennepin County, stated the City maps reflect their trail system along 36th Avenue North; and, that the County plans a trail from Maple Grove, through the Regional Park in Plymouth, into Golden Valley. The exact location of the County trail has not been confirmed at this time. Chairman Steigerwald advised Mr. Thormodsgard to contact Eric Blank, Director of Parks and Recreation regarding the trail system and its future expansion. Chairman Steigerwald closed the Public Hearing. MOTION by Commissioner Stulberg, seconded by Commissioner Plufka to recommend approval for the Site Plan and Conditional Use Permit for the Hennepin County Park Reserve District, citing the parking problems and questions regard- ing the City and County trail systems as discussed for the record; and, subject to the, conditions as stated in the August 5, 1987 staff report. Commissioner Marofsky inquired about the letter dated August 11, 1987 and submitted by Delber E. Miller, Land Acquisition Officer for Hennepin Parks, and the question on non-payment of assessments before Consolidation of land can occur. Chairman Steigerwald explained that the letter was included for the Commission's information, and the City Council should consider any action required on the issues.of asses- sments and land consolidation. Roll Call Vote. 7 Ayes. MOTION carried. Chairman Steigerwald introduced the request by Mark 0. Senn, Marcus Development Corporation for a Land Use Guide Plan Amendment. An overview of the August 5, 1987 staff report was provided by Coordinator Anderson. Commissioner Plufka inquired about the locations of the Walking Neighborhoods in relation to this site? He has a problem agreeing with the staff indication that the site is not at an intersection, although Larson Automotive, not included in the reguiding, is located on the corner. He Z -7 NOTION TO APPROVE VOTE - NOTION CARRIED MARK 0. SENN MARCUS DEVELOPMENT LAND USE GUIDE PLAN AMENDMENT ( 87066 ) Page 171 Planning Commission Minutes August 12, 1987 questioned the staff recommendation based on this Locational Criteria. Coordinator Anderson stated that the site does not physically abut the intersection. An overhead projec- tion of the Walking and Driving Neighborhoods was shown. Commissioner Plufka stated the criteria could be more broadly construed. Chairman Steigerwald inquired how many feet the site is from the intersection? Coordinator Anderson stated the site is approximately 200 ft. from the intersection. Commissioner Marofsky inquired whether it may not be better planning to include the "Larson Automotive" site in the reguiding? Commissioner Plufka noted the variety of conditional uses allowed under the CN (neighborhood shopping center) guiding; and that interpreting the Land Use Guide Plan literally, could be "splitting hairs". Director Tremere stated that consideration of this application cannot be presumptive about the business plans or rights of the "Larson Automo- tive" property owners. Commissioner Marofsky inquired if the petitioner had re- ceived the consent from "Tuff-Kote Dinol" on Parcel S? Director Tremere stated that written consent had been received. Commissioner Zylla inquired about the list of questions to be addressed. Director Tremere stated this list was developed to provide general guidance to the Planning Com- mission and Council during their review and consideration of requests for all reguiding proposals and was not tailored specifically for this application. Chairman Steigerwald further explained the use of this list of questions has been used by the Commission with previous applications for reguiding. Chairman Steigerwald introduced Mr. Mark Senn, Marcus Development Corporation. Mr. Senn stated he agrees with Commissioner Plufka's statements regarding the location of this site in conjunction with the intersection; and, the reguiding of the site would enhance the Larson Automotive site. He stated the "Larson Automotive" site was not included because Mr. Larson had no desire to sell his property. In response to the proximity of the site to three Walking Neighborhoods, Mr. Senn stated that they meet the criteria, in that the site is in close proximity to two Walking Neighborhoods and only three blocks from the third. Page 172 Planning Commission Minutes August 12, 1987 The Traffic Report is basically positive, it only reflects the requirement to move the service road and this would be needed even without this development. The developer's intent would be to construct the traffic improvements. Mr. Senn stated that history has shown that the economics of dealing with poor soils on this property have made resi- dential (LA -3) development unfeasible. He stated that Mr. James Shaughnessy, property owner, would explain. Mr. Senn stated they have done their own study regarding other CN guided areas in the City; three of thirteen meet the criteria for CN guiding, and this site comes closer to meeting the CN guiding than the other ten. Chairman Steigerwald introduced Attorney David Davenport, Lindquist & Vennum, who represents the petitioner. Mr. Davenport commented that a reguiding is a subjective process and noted three questions: Does the proposal meet the CN Locational Criteria? Can we demonstrate a public need or benefit? What is the highest and best use of this land? The site admittedly does not meet, to the letter, all criteria, but is in the middle of the West Medicine Driving Neighborhood. Whether or not this location was originally intended for retail uses, it does draw from State Highway 55 and the uses depend on traffic from Highway 55. It is the primary access to the Medicine Lake area, and the West Medicine Lake neighborhoods. He reviewed the listed services designed for the residents; and stated there is a demonstrated need for neighborhood services. Mr. Davenport does not deny the traffic impact, but the traffic study is not negative. He reiterated the need for redesign of the frontage road. The traffic report does discuss the impact to the area; however, reconfiguration of the intersection will alleviate the existing concerns. The Commission should consider the trade area, the existing shopping in this area and whether the retail should be focused here rather than be encouraged on sites to the east. Mr. Davenport stated that the answer to the highest and best land use question rests with the fact that this is one of the older areas of the City and new development will stimu- late further development and redevelopment. The land owner, through the many years he has owned the property, has had no one approach him to develop this land as LA -3 (medium density residential). If the site has not developed as LA -3, then why not change the guiding to CN? Page 173 Planning Commission Minutes August 12, 1987 Mr. dames G. Shaughnessy, 16515 Excelsior Blvd., stated he bought the land in 1967. McCombs-Knutson Associates put together a proposal for multi-residential units. When soils tests were done, it was felt the density was too high, so a new plan was proposed. This plan received Council approval; however, his partner decided not to build the project. He has had the land for sale for 15 years; he has entered into agreements with several interests; they were not able to "make it go" economically. Mr. Shaughnessy explained the poor soils conditions; and that commercial property to the south limits the possibility for "good" rentals. Mr. Shaughnessy explained that allowable density has also made development unfeasible because of the increased cost to the developer for roadway improvements and installation. Mr. Shaughnessy stated the owners met with City staff who, some years ago, recommended joining with other property owners to the south and propose a planned development. He stated they have met with agencies involved with special permits because of Shoreland and Floodplain regulations. He said that this is the highest and best use for the property; it has taken 21 years of either trying to develop the land as guided or to sell the property and he can no longer carry this financial burden. Mr. Senn reiterated those items which constrain the property. Four acres of the site are located in the Flood Plain; sewer capacity is limited and is more suited to com- mercial than residential; there is limited access to West Medicine Lake Blvd. He noted the deteriorating neighbor- hood; and, that the decision was made to request reguiding for CN (neighborhood shopping center), as there is little retail land available in the City. Commissioner Zylla inquired whether this would be a single use center? Mr. Senn stated the proposal would be for a 124,000 sq. ft. retail and service business center including a food store, hardware/drugstore, and other service busines- ses; their alternate proposal would be for a "single use" if the traffic analysis showed too much impact. Commissioner Plufka stated that the City must be sensitive to the Guiding and Zoning for the entire city. He inquired about demographics and whether they had statistics which would show another 12.3 acre retail development is support- able, given other CN guided land in that area? Mr. Senn stated they had no exact demographics to show this, however, they have looked at the "pockets of growth", espec- ially on Highway 55; they also interviewed "anchor" grocery stores who have done market research, which confirmed their desire to develop on this site. `— 7 Page 174 Planninq Commission Minutes August 12, 1987 Commissioner Plufka again inquired if they are certain the area can support their development proposal? Mr. Senn stated they believe this "very strongly." Commissioner Plufka inquired, if they were aware of the Ord- inance provision that requires that natural features and amenities of the property be retained and maintained? Mr. Senn stated they are very aware of this requirement and their proposed layout is sensitive to this and includes sub- stantial buffering and landscaping. He stated they have met with the Department of Natural Resources (DNR) and their plans and proposals will reflect those regulations, com- ments, and suggestions, along those regulations from all other agencies. Commissioner Zylla commented that the reports state that the "water and sewer systems, are deemed adequate". Would development be constrained if it were to be medium density residential development? Engineer Goldberg stated there would be no problem with those systems with the proposed land use; and, the systems, which were reviewed in 1980 with adoption of the Land Use Guide Plan, would also handle development under LA -3 guiding. Jim Clemens, 1010 Evergreen Lane, inquired what redevelop- ment impact there would be from this proposed development to "Will's Transmission" and homes in that area. Coordinator Anderson stated there was no redevelopment proposal involv- ing these properties. Jerry Kennedy, 10500 Highway 55, Plymouth Shopping Center, stated he bought the shopping center in 1979, He was present at the meeting regarding the reguiding proposal by Zaremba Corporation which was subsequently denied by City Council. He has plans to upgrade the Plymouth Shopping Center property. When he bought the property, he based his decision on his review of the City's Land Use Guide Plan, noting that this was the only CN (neighborhood shopping center) guided land in the immediate area. He believes that anyone -looking to purchase land will be dependent upon the City's plans to base their development needs. Mr. Kennedy believes that too much competition in an area would be deleterious, how many grocery stores and shopping areas can a "gateway" area support? Erika Urban, 1541 West Medicine Lake Dr., stated concern regarding increased traffic; and, hopes this area of the City will not become like "Knollwood" or the Highways 7-73 area. Page 175 Planning Commission Minutes August 12, 1987 Engineer Goldberg explained the "average trips per day" study showing existing and proposed traffic volumes. He explained the traffic analysis and impacts to Highway 55. He further explained that the proposed change in guiding from multi -residential to commercial could reflect a decrease in the total "trip" generation. Harold Hill, 1111 West Medicine Lake Dr., stated he is also concerned about increased traffic in the area; he inquired if there would be a sidewalk installed; and, whether the developer or the residents would be assessed for street or other improvements? Engineer Goldberg stated improvements necessitated by the development adjacent to the site would be borne by the developer. Any improvements to the streets Into the neighborhoods is not planned at this time, but may be needed in the future. He stated there are no plans for installation of a sidewalk at this time. He explained there may be some State aid available for major thoroughfares, trails, and walkways. Mr. Hill inquired about property values? Chairman Steigerwald stated there is no proven increase or decrease in property values with new development throughout the City. Mr. Hill stated that if the property is rezoned for neigh- borhood shopping, he assumes that the proposed plan will be followed. Chairman Steigerwald explained that the Commis- sion is reviewing and considering only the merits of the Land Use Guide Plan Amendment; once an approval is granted for this request, the petitioner must submit a preliminary plat (which also requires a Public Hearing) detailed site plan and final plat. Mr. Hill stated the business and services proposed seem to duplicate what is already available to the residents of the area which does not seem to be very creative planning. Com- missioner Plufka noted that if too many businesses are duplicated, "some just won't make it." It will be up to the property owner/developer to come up with something "new and different" to be successful. The City does not dictate selection of tenants other than what is appropriate in the Zoning District and regulated by Ordinance. Eugene Rogers, 1029 West Medicine Lake Dr., states he sup- ports this plan and believes it will be an asset to the com- munity. He has "looked at the swamp for 25 years" and be- lieves this proposal will improve the area. Chairman Steigerwald closed the Public Hearing. Commissioner Stulberg inquired when the property was re- viewed under the LA -3 guiding, what information there was concerning traffic volumes? Director Tremere stated the Page 176 Planning Commission Minutes August 12, 1987 Thoroughfare Guide Plan reflects improvements to handle traffic for land that would develop under the LA -3 (high medium density residential) guiding; and, that LA -3 guiding would likely generate more trips per day than property developed under the CN guiding. MOTION by Commissioner Zylla, seconded by Commissioner MOTION TO APPROVE Plufka to recommend approval for the Land Use Guide Plan Amendment subject to the conditions listed in the August 5, 1987 staff report. Commissioner Zylla based the Motion to approve on the following: That the proposal would benefit the residents and the community; the recognition that the Comprehensive Plan was updated in 1980, and because of changes the City has undergone the past seven years, estimates made at that time may no longer hold true, such as the rapid rise in pop- ulation; and, there seems to be a deficiency in the amount of land now available for commercial development. With the amount of residential development that has taken place, this proposal would provide a service to the area without public assistance. The development will help with needed improve- ments in traffic flow and safety. The proposal would be the highest use, but not necessarily the best use of the land; however, the plan will provide employment and services needed in the community. Commissioner Zylla concluded his statements with his concern regarding a "single use" proposal and believes the "shopping center concept" is best. He suggested staff work with the petitioner and owner of the corner gas station. Commissioner Stulberg requested that the record reflect the need for Council consideration of the "Larson Auto" site. Director Tremere noted that this site is guided appropri- ately for its use; why would the City need to consider re - guiding this property? Commissioner Stulberg stated that the importance of this site joining with other property is to assure continuity in planning, development, and re- development in this area. Commissioner Marofsky noted the subtle differences between CN and CS guiding. Commissioner Plufka stated that this proposal has merit and that the area is appropriate for reguiding to CN (neighbor- hood shopping). It is consistent with the intent to concen- trate parking. Chairman Steigerwald left the meeting at 9:00 P.M. Page 177 Planning Commission Minutes August 12, 1987 Commissioner Wire stated concern about the traffic and the question of installing a cul-de-sac. Director Tremere explained there will be more detailed plans at the prelimin- ary plat stage; and, there will need to be coordination between the City, Hennepin County, and MnDOT. Roll Call Vote. 6 Ayes. MOTION carried. Vice Chairman Pauba called a Recess at 9:15 P.M. Vice Chairman Pauba introduced the request by Mortenson Development Corporation for the Edina Real Estate building. Reading of the August 5, 1987 planning report was waived. Vice Chairman Pauba introduced Mr. Tom Van Housen, Mortenson Development Corporation. Mr. Van Housen showed an archi- tectural rendering of the building and explained the plan for the clock tower. He explained that the building mater- ials would be two-color brick, using aquamarine glass, and the use of masonry throughout the building. Vice Chairman Pauba opened the Public Hearing, as there was no one present to speak on this item, the Public Hearing was closed. Commissioner Wire stated concern about retaining the clock if it were to become non-operable. VOTE - MOTION CARRIED RECESS MORTENSON DEVELOPMENT REVISED SITE PLAN AND CONDITIONAL USE PERMIT (87067) MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO APPROVE Wire to recommend approval for the Revised Site Plan and Conditional Use Permit for Mortenson Development Corpora- tion, subject to the conditions listed in the August 5, 1987 staff report. MOTION by Commissioner Marofsky, seconded by Commissioner Plufka to Amend the Motion by adding Condition No. 10 that no signage shall exceed the Ordinance height regulation of 45 ft.. Commissioner Stulberg stated that even if there were signage on the tower, that signage would be required to meet the Ordinance standards for height and size; the tower is an integral part of the building. Mr. Van Housen stated they have no intention of putting a sign on the tower, signage will be low level and within Ordinance standards. Roll Call Vote on Amendment. 4 Ayes. Commissioner Stulberg, Nay. Commissioner Zylla, abstained. Roll Call Vote on Main Motion as once Amended. 5 Ayes. Commissioner Zylla, abstained. MOTION TO AMEND VOTE - MOTION CARRIED VOTE - MOTION CARRIED Page 178 Planning Commission Minutes August 12, 1987 Vice Chairman Pauba introduced the request by Kenneth Streeter, Streeter Investment. An overview of the August 5, 1987 staff report was provided by Coordinator Anderson. Commissioner Plufka inquired about the three lots as prev- iously platted and the lot lines as revised. The lot layout was confirmed by Coordinator Anderson. Vice Chairman Pauba introduced Mr. Kenneth Streeter, Streeter Investment, who stated he would answer any ques- tions and indicated the width of sidewalks should be 6 -ft. rather than 5 ft. as shown. The 6 -ft. width is per the "Downtown" Sidewalk Plan. Commissioner Zylla inquired about building materials. Mr. Streeter stated they would use brick, however, they have not selected the colors. Commissioner Plufka inquired about the signage plan; would the identification signs be placed to face Plymouth Blvd. and 34th Avenue North? Mr. Streeter stated they will be discussing a signage program with City staff which will be brought forward for Planning Commission review. Vice Chairman Pauba opened the Public Hearing. Glen Merrill, 469 Wabasso Court, Shoreview, MN, stated he owns the property to the west. He was aware of the three restaurant sites, but was not notified of these changes to the Planned Unit Development. Director Tremere stated that prior to the Public Hearing amending the Planned Unit Development Plan, property owners were notified. The Amendment was approved on dune 1, 1987. Mr. Merrill stated he was "shocked" by this change as he bought his property based on the original plan approvals. He is concerned about uses such as those proposed by Mr. Streeter. He asked that staff check the file to see why they were not notified of this PUD change. Director Tremere advised Mr. Merill that a Notice was mailed to the Plymouth Association at 3989 Central Avenue N.E., Minneapolis, MN 5521 Mr. Merrill confirmed this was his business address. Mr. Streeter stated there are two sites for restaurant development and those who have interest in those sites have given him notice that they want the shopping center in that area. KENNETH STREETER STREETER INVESTMENT REVISED PUD PRELIM- INARY PLAT/SITE PLAN (87068) Page 179 Planning Commission Minutes August 12, 1987 Mr. dim Guddal, 4465 Vicksburg Lane, stated he owns property to the north next to the bank; he bought it in 1982, and this is the first time he has been aware of any amendment. He asked that the Planning Commission consider the unique- ness and original planning for this area. He believes he should have received notice even though his property is beyond the 500 ft. area of the subject property. He stated that he can't be sure this proposal will affect his property, but it may well have a negative impact. He wants development in this Planned Unit Development to be a compli- ment to the City, it is a critical area and should not be developed in a "piecemeal" fashion. Director Tremere explained the requirement is for Public Notice in the City's legal newspaper and notification of property owners of record within 500 ft. of the subject property. A development sign is also placed by the City announcing the development proposal. Mr. Guddal was advised that the City Council would tenta- tively consider this item on their August 24, 1987 agenda. Vice Chairman Pauba closed the Public Hearing. MOTION by Commissioner Wire, seconded by Commissioner Zylla MOTION TO APPROVE to recommend approval for the Revised PUD Preliminary Plat and Site Plan for Kenneth Streeter, Streeter Investment, subject to the conditions listed in the August 5, 1987 staff report. Commissioner Marofsky stated he could not support the request because aesthetics and orientation of the center are not supportive of a development at a major entrance to the "Downtown" area; nor is it beneficial to the "Downtown" area for the center to have "its back to the City Center". MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO AMEND Plufka to Amend the Motion requiring the Sign Plan for the site and building to be reviewed by the Planning Commission prior to Final Plat approval per the Preliminary Plan approval. i Roll Call Vote on Amendment. 6 Ayes. MOTION carried. VOTE - MOTION CARRIED Commissioner Plufka concurred with Commissioner Marofsky's comments relating to the importance of the center's orienta- tion to Plymouth Blvd. and 34th Avenue North. He asked the applicant to respond. 1-7_7 Page 180 Planning Commission Minutes August 12, 1987 Mr. Streeter stated that the structural orientation for this site was based on the City recommendations; on tenant needs and requirements; and, mainly on the fact that the site has areas of poor soil where corrections are needed. These dictated the location of the buildings and parking areas. Director Tremere stated the staff input and the recommenda- tions accounted for the difficulty with the structural orientation; and, that the design was to assure there would be no aesthetic "back side" to this building. Commissoner Zylla inquired if there would be any change of materials from the front to the back of the building? Mr. Streeter stated the materials would not be different. Commissioner Marofsky stated he understands the concern about the soils corrections needed, however, even turning the center a "quarter" of a turn would open it toward the bank building so that it could "wrap" to the west. This would make it much more inviting to the interior of the PUD. Mr. Streeter explained the building layout and entrance features, and the plans for berming. Commissioner Marofsky stated he understands the center is designed to have "no backside", however, his basic concerns remain. Roll Call Vote on the Main Motion as once Amended. 5 Ayes. VOTE - MOTION CARRIED Commissioner Marofsky, Nay. MOTION carried. Vice Chairman Pauba introduced the request by Richard RICHARD NESLUND Neslund for a Preliminary Plat for multi -family residential PRELIMINARY PLAT housing. An overview of the August 5, 1987 staff report was (87069) provided by Coordinator Anderson. Coordinator Anderson explained that the name of the plat was to be "Trenton Oaks". Vice Chairman Pauba introduced Mr. ferry Hauer, McCombs - Knutson Associates, representing the petitioner. Mr. Hauer had no comments and stated he would answer any questions. Commissioner Wire noted that the site has some low land and wetland's and inquired what type of structures would be built? Mr. Hauer explained the layout for the multi -family dwellings; as well as an industrial bulding; they believe this is a viable project and their plans take the existing terrain into account. Discussion ensued about the lot lines and by clarification of the easement lines shown on the graphic; the lot configurations were confirmed. Page 181 Planning Commission Minutes August 12, 1987 Commissioner Plufka discussed the drainage and ponding areas, noting that the actual building site is constrained by the natural features of the site. Director Tremere explained the Engineer's Memorandum, noting that the petitioner must process permits through the Army Corps of Engineers and the Department of Natural Resources (DNR). The site is highly constrained by the Bassett's Creek Flood Plain and protected wetlands. All Permits will be required before any construction. Vice Chairman Pauba opened the Public Hearing. James L. Ritzinger, 10880 South Shore Drive, inquired if there is any portion of Lot 1 which is currently zoned other than Industrial? Director Tremere confirmed the zoning for Lot 1 as R-3; and, the zoning for Lot 2 as I-1. Mr. Ritzinger received confirmation of the density requirements. He stated concern regarding the amount of buildable area and the higher density approved for the site which related to adequate play areas for children who will live in the development. He also inquired about the "target market"? Mr. Ray Carlson, Centurion Company, stated development will be for medium priced dwelling units. Director Tremere noted that with 206 units possible, the proposal is for 168 units. Mr. Ritzinger inquired about the number of persons per unit. Mr. Hauer stated that 112 two-bedroom units; and 56 one -bedroom units are planned at this time. Vice Chairman Pauba closed the Public Hearing. MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO APPROVE Marofsky, to recommend approval for the Preliminary Plat for Richard Neslund, subject to the conditions as listed in the August 5, 1987 staff report. Roll Call Vote. 6 Ayes. MOTION carried. VOTE - NOTION CARRIED Page 182 Planning Commission Minutes August 12, 1987 Vice Chairman Pauba introduced the request by Ryan Construc- tion Company for a Conditional Use Permit to operate a ten- ant fitness center, a one stall carwash rack, and sandwich shop in the I.T.T. Building at 505 County Road 18. Reading of the August 5, 1987 staff report was waived. Vice Chairman Pauba introduced Mr. Pat Ryan. Mr. Ryan had no questions or comments. Vice Chairman Pauba opened the Public Hearing, as there was no one present to speak on this item, the Public Hearing was closed. MOTION by Commissioner Wire, seconded by Commissioner Plufka to recommend approval for the Conditional Use Permit for Ryan Construction Company, subject to the conditions as listed in the August 5, 1987 staff report. Roll Call Vote. 6 Ayes. MOTION carried. Vice Chairman Pauba introduced the request by Ryan Construc- tion Company for a Land Use Guide Plan Amendment and Planned Unit Development Concept Plan. An overview of the August 5, 1987 staff report was provided by Coordinator Anderson. Commissioner Marofsky questioned the area in the lower left- hand corner of the graphic which seems to be outside the planned area. Director Tremere stated this apparent error on the graphic was land not now owned by the petitioner since it is right-of-way. Mr. Ryan explained that, with the redesign of the frontage road, this area will be included within the planned area. Mr. Ryan explained the right-of-way; and, that they do own approximately half of the site in question. Director Tremere stated that the geometrics and dimensions would not be known until the platting stage; the area can be included in the reguiding consideration. Commissioner Zylla inquired if staff encouraged the request for reguiding to the CS (service business) classification? Director Tremere stated that the CS guiding is appropriate. The staff concerns center on the commercial enterprises the developer is seeking per the PUD Plan; and on the retention of a portion of industrial guiding. Commissioner Zylla inquired about any controls with the CS guiding? Director Tremere stated that the controls as to uses and designs are in the Zoning Ordinance. The CS classification is the basis for B-3 Zoning which allows retail and other commercial uses. He reviewed the Concept 7 RYAN CONSTRUCTION CO. CONDITIONAL USE PERMIT (87078) NOTION TO APPROVE VOTE - MOTION CARRIED RYAN CONSTRUCTION CO. LAND USE GUIDE PLAN AMENDMENT AND PLANNED UNIT DEVELOPMENT CONCEPT PLAN (87027) 7`7 Page 183 Planning Commission Minutes August 12, 1987 Plan as proposed which includes proposed uses such as restaurants, medical/dental clinics, beauty/ barbershop, or drycleaning establishment which would be appropriate uses under the requested CS guiding; however, the "super" food store and drug/hardware/variety "super" store may be deemed more appropriate under the CN (neighborhood shopping center) designation. That is the issue before the Commission. Commissioner Plufka stated he also questions the use des- cribed as "super" stores versus the conditional and permit- ted uses under CS guiding. Vice Chairman Pauba introduced Mr. Pat Ryan, Ryan Construc- tion Company. Mr. Ryan introduced his development team. Mr. Ryan explained the concept of "Waterford Park" which includes the I.T.T. building and the phasing of that Planned Unit Development. He stated they have purchased the DeVac site and Freeman parcel. He explained the roadway improve- ments and upgrading for the planned unit development. He stated that this proposal will produce a fully integrated business park which brought them to seek the property to w plan the services needed for the office park. Mr. Ryan discussed the staff comments on the retention of the industrial portion of the plan; and, the commitment to "Rainbow" food store and "Gibson" drug and hardware. He reviewed the CS criteria and discussed their desire for a full-service project. The industrial portion of the site is planned for what they see as storage space for the office park tenants; and, the buildings will be architecturally suited to the office park. He explained the nature of the uses and particularly of the "Rainbow" food store, in terms of the Land Use Guide Plan standards. He explained that the store was not the typical neighborhood grocery store. Commissioner Plufka inquired about the size of the industrial building(s). Mr. Ryan stated they are planning for 92,000 sq. ft. (2 office/warehouse structures) on the industrial site; and, 128,000 sq. ft. for the CS guided area. He said they are planning for a full-service park and that storage is an integral part of that. Commissioner Wire inquired how many employees there would be once this area and "Waterford Park" are fully developed? Mr. Ryan stated there would be 3,000 to 4,000 people there on a daily basis. He further explained they desire to plan for a day care center on the site; and, the grocery store and other services are for the convenience of those working in the office park. Paqe 184 Planning Commission Minutes August 12, 1987 Commissioner Wire confirmed that the stores could draw patrons from a 3 to 4 mile radius. Commissioner Wire inquired what population this would entail? Mr. Ryan stated it would be about 45,000 people. Director Tremere stated that if the Commission agrees with the overall mix, this PUD plan including the IP portion of the reguiding would be the correct approach. Commissioner Plufka stated he would interpret the CS guiding differently. When looking at the attributes, he would have to conclude that while some of the uses are conditional, they are primarily provided in the CN (neighborhood shopping center) designation. When you put these shops together, it is not "one-stop shopping". He noted the areas of Fern - brook Lane and Highway 55; and, the south side of County Road 9 and I-494 which have uses within the CS categories. This proposal seems to be the same as the development which has occurred at County Road 9 and 18 and Highway 101 and County Road 6, and seems particularly suited to CN (neighborhood shopping). Commissioner Marofsky concurred and reiterated that these uses, on the whole, do not seem to fit with CS guiding. Commissioner Wire stated he is concerned whether the reten- tion of some I-1 zoned property is appropriate; the entire area should be considered under one guide plan designation. Bill McHale, Ryan Construction Co., stated the plan calls for "special purpose" shopping, there is no mall or physi- cal connection between buildings, which makes this proposal very different from a shopping center proposal. It is not oriented to the browsing shopper. Vice Chairman Pauba opened the Public Hearing. Chuck Tuchfarber, 2430 Lorien, Minnetonka, stated he repre- sents Prime Development. They have a 41 acre site in the initial planning stages which is west of this property and they have a long-term interest in the Ryan proposal. They commend Ryan Construction Company on this development; how- ever, they support the concerns that, while the CS guiding is the highest and best use for this property, the proposal for a "super" food store is inappropriate and is a contra- diction of tenant needs. He does not believe the tenants will do their food shopping in the office park, but will make use of other services available. He believes these "super" stores would be detrimental to the traffic flow in the area. This development plan will have a negative impact on Prime's development plans and the proposed location for the "super" stores is inappropriate. Page 185 Planning Commission Minutes August 12, 1987 Their analysis shows these types of stores in shopping centers. The "super" stores would be more appropriate for a neighborhood center such as that which Mr. Kennedy is proposing for the "Plymouth Shopping Center". Mr. Ryan stated that Mr. Tuchfarber's concerns arise more from their involvement with the Kennedy (Plymouth Shopping Center) property across Highway 55; and, that their concern is more than that of an adjacent neighbor. He believes that the "Waterford Park" employees and others working in the area will support the proposal and will benefit from the services offered. Mr. Tuchfarber confirmed they are interested in developing the Kennedy property; they are also looking at the adjacent B-1 zoned land known as the "Ford Driving Range"; and, are concerned that traffic from the "Waterford" site would impact this property. Jerry Kennedy, 10500 Highway 55, Plymouth Shopping Center, stated the uses proposed by Ryan Construction are better suited to CN guiding. He reiterated his plans for his property. He referenced the "Zaremba" proposal which was denied by City Council on property located directly to the west of this property. The "Zaremba" proposal included a "Rainbow" food store which was believed to be inappropriate for that property. Mr. Kennedy questioned the difference between locating a "Rainbow" store at this location versus the "Zaremba" proposal for property only 100 feet west of this site? Pat Ryan explained the studies they had done for the super store which is different than a "super market", the study confirms the two types can be supported. He further explained the traffic analysis that reflects the 10th Avenue North and Quaker Lane connections as shown. Commissioner Zylla inquired if staff recommends the CS guid- ing? Director Tremere confirmed this, noting that City planning does not feature regional shopping centers. He confirmed that the CS guiding would be appropriate for neighborhood, service -type businesses. Commissioner Zylla inquired, "If it is assumed this proposal would be more of a regional draw, is it consistent with the long-range plans and impact on the land to the west; and, would they be requesting another modification to the guiding of these parcels?" Director Tremere said this would not be necessarily the case, nor should it give the impression that it would create a "chain reaction" that would move to the west; it has been a conscious decision by the City to not support regional shopping as part of the Land Use Guide Paqe 186 Planning Commission Minutes August 12, 1987 Plan. The City has planned for neighborhood shopping and service areas, such as this. Commissioner Zylla inquired, "If the CS guiding is approved, can the City's systems handle this development without affecting the properties to the west?" Director Tremere stated the City's systems show they can support this development, and can support development of that land to the west as guided. He further explained that the previous (Zaremba) proposal to reguide the land to the west to CN (neighborhood shopping center), was denied in part because the City's systems could not support this type of development. Vice Chairman Pauba closed the Public Hearing. Commissioner Plufka stated that CS guiding is not the only guiding which fits this area; that CL (limited business) designation seems appropriate. He stated that on reading the CL guiding criteria, it makes sense that it would pro- vide the amenities and services required for the employees in the office park. Director Tremere explained that CS guiding was deemed appropriate as they are proposing the development of a "center of activity" that needs the support services includ- ing retail uses permitted within this guiding, but not with- in the CL classification. The coresponding CL Zoning is B-1, which does not allow retail uses, or warehousing uses. Commissioner Marofsky discussed the uses as proposed and inquired whether the office/warehousing could be described as a "secondary use"? Director Tremere discussed and explained underlying zoning within a Planned Unit Develop- ment which could have a mix that includes industrial uses and commercial uses. However, there must be IP zoning with- in the approved PUD, since warehousing could not be considered a "secondary use". Storage facilities clearly accessory to offices could be viewed as appropriate for a CS guided MPUD such as this. i Pat Ryan reiterated his comments regarding their wish to retain a parcel of industrial zoned land for office/ware- housing to compliment the office uses. Motion by Commissioner Wire, seconded by Commissioner Plufka to recommend approval of the Land Use Guide Plan Amendment and Planned Unit Development Concept Plan for Ryan Construc- tion Company, subject to the conditions as listed in the August 5, 1987 staff report; and, that the approval be for CL (limited business), which is the more appropriate Land --- Page 187 Planning Commission Minutes August 12, 1987 Use classification of this property, with retention of the parcel guided for IP which will work within the mix of conditional uses in the Planned Unit Development Plan. Commissioner Stulberg suggested the Land Use Guide Plan Amendment and Concept Plan should be handled with separate motions, as the consideration of the Concept Plan may need to be postponed in deference to establishing whether the proposed uses are appropriate within the CL guiding, if the Commission does recommend CL guiding. He said that, while CL has merit locationally, it does not support retail uses which are critical to this proposal. Commissioner Plufka stated the petitioner deserves a hearing by the City Council and suggested that a Motion for denial of the proposal, with a Commission recommendation that the Land Use Guide Plan Amendment be revised to CL (limited business); and, with further consideration of the mix of specific uses within that guide plan designation by the Com- mission, if the guiding is approved. Mr.. Pat Ryan explained their commitment to "Rainbow" food stores which is ready to start construction by November 1st. Commissioner Plufka reiterated his concern regarding pro- posed land uses that include CN uses such as the "super" stores which he finds are not appropriate with CS guiding. The CL guiding should serve the needs of the tenants in the office park through the Planned Unit Development. Commis- sioner Marofsky concurred. Mr. Pat Ryan reiterated that their empirical data estab- lishes that the "Rainbow" food store does offer "one-stop shopping" and would be an appropriate service within this development based on the type of shopper. Discussion ensued regarding conditional and permitted uses in commercial zoning districts. Mr. Pat Ryan stated he is concerned that the Commission may not be comprehending the scale of the employment base at this corner. Commissioner Plufka noted the data shows the customer draw would be from a 6 mile radius which seems to enforce the Commission's concern that the uses proposed, especially the "super" stores, are more appropriate uses within CN (neighborhood shopping center) guiding. Commissioner Marofsky reiterated the concern for the property in close proximity which is guided CN. CS is appropriate here, but does not support a 60,000 sq. ft. grocery store, versus, say, a convenience food store. Page 188 Planning Commission Minutes August 12, 1987 A SUBSTITUTE MOTION by Commissioner Plufka, seconded by Com- SUBSTITUTE MOTION missioner Marofsky to deny the Land Use Guide Plan Amend- FOR DENIAL OF THE ment, with a statement to the City Council that while CS LAND USE GUIDE (service business) guiding is appropriate for this area, the PLAN AMENDMENT amount is excessive given the proposed development plan; and, most of the site should be guided CL (limited business). Discussion ensued regarding alternatives for the proposal and the appropriate mix of uses within the development. Commissioner Plufka explained his recommendation takes into account the existing CL guiding for the Groves Office Park Planned Unit Development. Commissioner Zylla asked if the sense of the Commission is to recommend denial, why be concerned about the CL classification? Roll Call Vote. 4 Ayes._ Commissioners Wire and Stulberg, SUBSTITUTE MOTION Nay. MOTION carried. VOTE - MOTION CARRIED Motion by Commissioner Zylla, seconded by Commissioner Stulberg to Amend the Substitute Motion by adding that the Planning Commission recommends reguiding to CL (limited business) if there is a requested change from the IP (plan- ned industrial). After brief discussion, the Motion to amend was withdrawn. MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO AMEND Zylla to Amend the Substitute Motion to recommend denial of the Land Use Guide Plan Amendment as submitted, based on the findings in the August 5, 1987 staff report. Commissioner Stulberg stated the reasons were the proposal was not consistent with the Comprehensive Plan and the site should remain IP. Commissioner Wire stated his nay vote reflects his opinion that service business is needed within this development. Roll Call Vote on Amendment to the Substitute Motion. 5 VOTE - AMENDMENT Ayes. Commissioner Wire, Nay. MOTION carried. MOTION CARRIED MOTION by Commissioner Plufka, seconded by Vice Chairman MOTION TO DENY Pauba to recommend denial of the Planned Unit Development PUD CONCEPT PLAN Concept Plan, based on the findings listed in the August 5, 1987 staff report. The plan is not consistent with the IP guiding. Roll Call Vote. 6 Ayes. MOTION carried. VOTE - MOTION CARRIED Commissioner Stulberg observed that some service business here is appropriate, and it perhaps can be provided through CL and CS guiding; however, per the PUD Plan, too much CS use was proposed. The City Council will consider that. This was the consensus of the Commission. Paqe 189 Planning Commission Minutes August 12, 1987 Vice Chairman Pauba called a Recess at 12:15 A.M. NEW BUSINESS Vice Chairman Pauba introduced the request by Twin City Optical. Reading of the August 5, 1987 staff report was waived. Vice Chairman Pauba introduced Mr. Roger Sjobeck, 901 Jef- ferson, St. Paul, who explained the Twin City Optical opera- tion. They employ 90 people, and have a night shift with 15 employees. He noted that while the staff report indicates they may have outgrown the building, "they moved into the problem." They have been at the limits of the parking capacity since the day they moved into the building. The requested variances will allow them to avoid on -street park- ing. The solution to part of the problem is to add the 14 parking spaces at the east end of the property. Mr. Sjobeck stated this would not set a precedent, as other buildings in the area have parking at the front; and, the parking stalls they propose, would line up with existing parking lots. He stated, problems arise when there are snow accumulations, and special meetings. He said the use is wholesale/ distribution, and is not retail. Commissioner Stulberg noted that the parking spaces fall short of the required number needed for 90 or more employees. He inquired what the next step would be for Twin City Optical? Further discussion of the parking disparity ensued. Director Tremere stated the building cannot support the use per City standards. He explained the reguiding of the land to CL (limited business) and the intent for development and redevelopment in this area. He stated that the City would like to see them secure another site in Plymouth that would meet their needs, and particularly their growth. Mr. Sjobeck explained that the number of employees will be Increased during the night shift to alleviate the parking requirements during day time hours. Mr. Gary Threlkeld, Twin City Optical, confirmed the company's plan to add employees to the night shift, to give their customers a competitive edge with the "one-hour wonders" (rapid service retail stores). Commissioner Plufka inquired how long the company could go on in this facility? Mr. Threlkeld believes they can oper- ate at this facility for the next 15,to 20 years by switch- ing a larger number of employees to the night shift. RECESS TWIN CITY OPTICAL SITE PLAN AMENDMENT AND VARIANCES (87050) Page 190 Planning Commission Minutes August 12, 1987 Commissioner Marofsky stated concern regarding adequate snow storage on this site, and inquired where on the site they can provide for this storage? Mr. Sjobeck stated the boule- vard areas and edge of the parking lot would be adequate areas for snow storage. Commission Stulberg noted that future improvement to the frontage road could reduce the areas now used for snow storage. City Engineer Goldberg stated the City has no immediate plans to improve the street. Mr. Sjobeck commented that when Twin City Optical had a facility downtown, the employees used bus service to a higher degree; he believes that this may become the case at this facility as well. Motion by Commissioner Wire to recommend approval for the Site Plan Amendment and Variances for Twin City Optical, subject to the conditions listed in the August 5, 1987 staff report, and that the variances be granted due to the fact that this is not a new development site; the variances will not have a negative impact on surrounding properties; and, the drive aisle widths are adequate. The Motion died for lack of a second. MOTION by Commissioner Stulberg, seconded by Commissioner NOTION TO DENY Marofsky to recommend denial of the Site Plan Amendment and Variances for Twin City Optical, for the reasons that the Variance Criteria have not been met; and, the available parking can support the reasonable use of this site and building. Commissioner Stulberg stated he could reconsider this if a public improvement project impacted the site by reducing parking space. Vote. 5 Ayes. Commissioner Wire, Nay. MOTION carried. VOTE - NOTION CARRIED Vice Chairman Pauba introduced the request by Welsh WELSH COMPANIES Companies for a Sign Variance. Reading of the August 5, SIGN VARIANCE (87080) 1987 staff report was waived. Vice Chairman Pauba introduced Mr. Paul Dunn, Welsh Companies. Mr. Dunn explained that the variance request is dictated by tenant needs for signage. He further explained the requests for signage made by the medical offices in the building; and, that per staff assurance during the initial site plan review regarding the allowable signage, they promised that tenants would have the desired signage. He stated that on submitting their second application for wall signage they were denied a permit. They relied on staff for information; the information was in error; and Page 191 Planning Commission Minutes August 12, 1987 now, they must request a variance for the desired signage. He referred to the commercial businesses to the west. Commissioner Zylla inquired about the specific request for signage. Mr. Dunn stated they are asking for three more signs, one for each tenant. Director Tremere explained the sign regulations in the B-1 and B-2 Zoning Districts. Discussion ensued regarding the information given to the petitioner regarding sign regulations in the B-1 Zoning District. Mr. Dunn emphasized that the signage is crucial to the project and that their hardship was partially related to the erroneous information given to them by City staff. Director Tremere stated that the Ordinance variance stand- ards should be maintained. A variance may not be the best response. The information error was found during review of the application for a sign permit and the petitioner was given the correct information regarding signage regulations for the B-1 Zoning District. Earlier information had been conveyed during the review of the building plans which the petitioner did not use. The request should be considered on its merits. Commissioner Zylla asked about the B-2 Zoning District which is near the subject property and whether rezoning would be feasible to allow the signage desired for this building. It was confirmed that there is no B-2 zoned land adjacent to this property. Mr. Dunn confirmed that they knew they could also have a free standing sign; this had been already "allocated" to some of the tenants. MOTION by Commissioner Stulberg, seconded by Vice Chairman Pauba to recommend denial of the Sign Variance for Welsh Companies, for the following reaons: The variance criteria have not been met; approval would establish an undesirable precedent in the B-1 Zoning District; and, identification of the building can be reasonably achieved per signage allowed by the Ordinance; further, even though there may have been a misunderstanding based on misinformation to this petitioner, the Planning Commission is considering the Ordinance minimum standards, and whether a variance from the standards is warranted. NOTION TO DENY Vote. 6 Ayes. MOTION carried. VOTE - MOTION CARRIED Page 192 Planning Commission Minutes August 12, 1987 Vice Chairman Pauba introduced the request by Johnson & JOHNSON do SCHROEDER Schroeder Partnership for variances from the Policy Resolu- PARTNERSHIP tion No. 75-664 and from the platting and street frontage VARIANCES FROM THE requirements of the Subdivision Code. Reading of the August POLICY RESOLUTION 5, 1987 staff report was waived. 75-664 AND PLATTING REQUIREMENTS OF THE The petitioners were not present, though they had been SUBDIVISION CODE present earlier. Engineer Goldberg explained the circum- (87077) stances of the request. Motion by Commissioner Wire to recommend approval for the variances from Policy Resolution No. 75-664 and from the platting and street frontage requirements to allow division of land for Johnson & Schroeder Partnership, subject to the conditions as listed in the August 5, 1987 staff report. The Motion died for lack of second. Commissioner Marofsky stated his concern that this property will be "land locked". Engineer Goldberg explained that this property cannot develop until after the Year 2000, as it is within the Metropolitan Urban Service Area. In res- ponse to questions, Engineer Goldberg confirmed that a single family home might be constructed on the property. Director Tremere explained the circumstances surrounding this request were unique and granting this variance would not set a precedent. MOTION by Commissioner Plufka, seconded by Commissioner NOTION TO APPROVE Marofsky to recommend approval of the variances from Policy Resolution No. 75-664 and from the platting and street frontage requirements of the Subdivision Code for Johnson & Schroeder Partnership, subject to the conditions listed in the August 5, 1987 staff report. Vote. 6 Ayes. MOTION carried. AD -I kIRNMFNT The meeting adjourned at 1:07 A.M. i VOTE - NOTION CARRIED PLYMOUTH POLICE DEPARTMENT MONTHLY REPORT CLASS I :T, -g JANUARY THROUGH JULY MONTH 1987 MURDER I CSC I ROBBERY I ASSAULT I BURGLARY THEFT AUTO THEFT ARSON 19861 0 1 4 1 6 1 111 1 147 541 55 3 19871 0 1 13 1 5 1 131 180 653 85 13 TOTALS 1986 867 1987 1,080 +258 CLASS II FORGERY E4BEZZEL STOLEN WEAP PROSTI SEX GAMB OFFENSES LIQ. DISORDERLY COUNTERFEITIFRAUDI MENT IPROPERTYIVANDALISMIOFF.ITUTIONI OFF.INARCILINGIFAM/CHILDID.W.I.1 LAW I CONDUCT I OTHER-] 19861 16 1 63 1 3 I 2 1 349 1 4 1 0 I 15 67 1 0 1 9 1 248 1 66 I 36 I 275 1 19871 35 1 77 1 1 1 12 1 455 14 I 0 I 17 1 75 1 0 1 17 1 227 I 55 1 20 1 335 I TOTALS 1986 1,153 1987 1,330 +158 CLASS III FATAL PERSONAL PROPERTY SNOWMOBILE MEDICAL SUICIDE NATURAL ANIMAL I_ ACCIDENT I INJURY I DAMAGE ACCIDENT I DROWNING I EMERGENCY I SUICIDE I ATTEMPTS I DEATH I BITES I FIRE I 19861 2 1 95 I 462 I 0 0 I_ 417 I 2 I 22 I 10 I 34 I 162 I 19871 0 I 106 I 489 0 I 0 I 470 1 3 I 10 i 10 24 I 208 1 TOTALS 1986 1,206 1987 1,320 +98 C,acc IV ASSIST ANIMAL FALSE LOCK OTHER WARRANT TRAFFIC FIREARM SUSPICION MISSING LOST PUBLIC IDOMESTICIDETAILIALARMSIPROWLERIOUTS IAGENCYISERVED (DETAIL IVIOLATIONIINFORMATIONIPERSON IFOUNDINUISANCEI MISC. I 19861 153 1 862 1 616 1 34 1 894 1 257 1 223 1 1174 1 17 i 716 1 13 1 120 1 908 I 680 1 19871 185 11013 1 810 1 43 1908 I 261 1 190 11308 I 47 1 831 1 55 1133 1 879 I 874 I TOTALS 1986 6,667 CRIMINAL OFFEMSES CLEARED 1986 328 1987 7,537 +138 1987 308 HAZARDOUS VIOLATIONS 1986 2,870 1987 3,334 +168 TOTAL NUMBER OF INCIDENTS 1986 9,893 NONHAZARDOUS VIOLATIONS 1986 3,395 1987 2,935 —138 1987 11,267 +148 I_Ujj July 30, 1987 league of minnesota cities TO: Mayors, Managers, and Clerks FROM: Chuck Hazama, President, League of Minnesota Cities Mayor, City of Rochester RE: 1987 Regional Meetings I would like to extend a warm invitation to you to attend one of the League of Minnesota Cities 1987 regional meetings. This year, the League will conduct 13 regional meetings around the state and I encourage you to attend the meeting in your area. A list of meeting dates and locations is attached for your information. The afternoon session has been dedicated to helping you find the answers you need to pressing municipal problems. We will be prepared to discuss such issues as the naturalization/immigration law changes, water quality permit fees, the Minnesota Pollution Control Agency's new solid waste landfill contingency action plan, the newly created state-wide insurance plan, and many more. The evening session will provide an opportunity for you to review the progress of the League's policy development process. We will be asking you for your opinions and to vote on how the League should draft its legislative policies on issues of importance to cities. League staff will review such issues as voting equipment, a uniform election day, transportation funding, land use and planning issues, economic development tools, property taxes and the homestead credit program, local option taxes, and veterans preference. These issue papers will be mailed to you prior to the beginning of the regional meetings to allow you to carefully review them so that you can assess the impact of these policies on your city. Your input is vitally important to the development of the League's 1988 Legislative Policies and Priorities for Legislative Action. Also, come to hear what activities your city can become involved with in celebrating the League's 75th Anniversary. The celebration of the League's 75 years of service to cities is very important and your city's involvement in these activities will be rewarding, informative, and fun. 1 H3 university avenue east, st. paul, minnesota 551 01 (01 2) 227-5000 Mayors, Managers, and Clerks Page 2 July 30, 1987 The League will be inviting all legislators to attend the regional meeting in their district. I hope that you will contact your legislators and let them know which regional meeting you will be attending and encourage them to attend also. The League Board of Directors considers regional meetings to be a major priority for the League. It is the primary way for the League board, staff members, and city officials to maintain contact with other city officials from around the state. So please make your reservation to attend a regional meeting today. To make reservations, please call the city contact person listed on the meeting schedule for the meeting you wish to attend. I hope I will see you at one of the League's regional meetings. 6mi 5: M U league of minnesoL-a cities REGIONAL MEETING AGENDA AFTERNOON SESSION -- 2:30 - 5:30 PM *(Moorhead and Red Lake Falls 2:15 - 5:45 pm) 1. Roundtable Discussions Officials will be able to discuss items which they feel need to be addressed. Suggested topics are: water quality permit fees, newly created state-wide insurance plan (Chapter 404, Section 89, Laws 1987), levy limit restrictions, the solid waste landfill contingency action plan, and the new naturalization and immigration laws. * At the Moorhead and Red Lake Falls meetings, the International Coalition for Land/Water Stewardship in the Red River Basin will present their slide show from 4:15 - 4:45 pm. 2. Legislative Action Session Learn how to lobby effectively and how the League's district contacts/legislative coordinators program can benefit you, your city, and the League. EVENING SESSION -- 6:15 - 9:30 PM 1. Dinner 2. Welcome by Host City 3. Remarks from LMC President, Mayor Chuck Hazama, Rochester 4. 75th Anniversary Activities 5. LMC Legislative Policies -- Discussion and Voting 6. League's Video on "Lobbying Tips for City Officials" 7. General Questions/Answers 8. Doorprize Drawing 1 33 university avenue east, st. paul, minnesots 551 01 (C 1 2) 227-0000 league of minnesots cities League of Minnesota Cities 1987 Regional Meetings Date Tues., August 25 Wed., August 26 Thurs., August 27 Site Nashwauk Menahga Little Falls Tues., September 1 Red Wing Wed., September 2 Preston Thurs., September 3 Owatonna Wed., September 9 Marshall Thurs. September 10 Sleepy Eye Tues., September 15 Glenwood Wed., September 16 Mora Thurs., September 17 Albertville Location City Contact Person Tom Meulebrock Nashwauk Recreational Arleen Halliday Complex (218) 885-1210 Menahga VFW Char West (612) 634-5433 (218) 564-4557 Pine Edge Inn Susan Haugen (612) 679-1511 (612) 632-2341 St. James Hotel Dean Massett (612) 388-6734 Preston Golf and Barbara Hampel Country Club (507) 765-4541 Owatonna Admin. George Kehoe Building, Arts (507) 451-4540 Center Hall Marshall Inn Tom Meulebrock (507) 537-6760 Orchid Inn and Ed Treml Motor Lodge (507) 794-3731 Minnewaska House David Wencel (612) 634-5433 Mora American Legion Bob Filson or Penny Stay (612) 679-1511 St. Albert's Parish Maureen Andrews (612) 497-3384 Tues., September 29 Red Lake Falls Community Hall Larry Kruse (218) 253-2684 Wed., September 30 Moorhead Heritage-Hjemkomst Laurie Boelz Intrepretive Center (218) 299-5301 I 83 university avenue east, st. paul, minnesota 551 01 [01 2) 227-5000 IN U league of minnesota cities August 14, 1987 TO: Mayors, Managers, and Clerk FROM: Donald A. Slater, Executive Director RE: Regional Meeting Issue Papers Last year at the League's regional meetings we presented materials on policy issues which were being considered by the LMC legislative policy committees. We took votes on those issues and presented the opinions of the regional meeting participants to the policy committees as they completed the League's 1987 Legislative Policies and Priorities for Legislative Action. At the conclusion of this process, we evaluated the results of a survey asking regional meeting participants how they felt about working on legislative policy issues at the regional meetings. The responses were overwhelmingly in favor of continuing the involvement of the regional meetings as an integral part of the policy process. The League Board of Directors agreed to extend the consideration of policy issues to the 1987 regional meetings, but asked that the staff work on methods to improve the process. To give you advance information on the issues to be considered, League staff have prepared issue papers on policy questions designated by each of the LMC legislative policy committees. We have also developed voting cards so that we may get a more definitive expression of opinion on each of these issues. We are looking for other ways to improve the quality of the presentation of these materials to regional meetings, and I am most interested in your suggestions for improvement. Attached are the issue papers for the 1987 regional meetings. Please distribute these to your councilmembers and be prepared to cast your votes on these issues at the regional meeting you will be attending. If you are unable to attend a regional meeting, please fill out the voting card and return it to Lynda Woulfe, League of Minnesota Cities, 183 University Avenue East, St. Paul, MN 55101 by September 14. I look forward to your participation in this very important aspect of developing the League's 1988 Legislative Policies and Priorities for Legislative Action. 1 86 university avenue east, st. paul, minnesota 551 01 C6121227-5600 k k LL VIII � 1FRI11 ILUJI league of minnesota cities TAX INCREMENT FINANCING QUESTION: Should the League sponsor responsible tax increment finance legislation in the 1988 legislative session? BACKGROUND Over 200 Minnesota cities employ tax increment finance (TIF) as a major development tool. The number of cities using TIF has steadily risen over the years, particularly in the 1980's. In 1981, 98 cities operated TIF districts. As of 1987, 216 cities initiated TIF programs. A majority of these cities are located outside of the metropolitan area and they fall into all categories of population. The dramatic growth in TIF projects in Minnesota has been fueled by the decline in federal assistance programs, the uncertainty of state aid, and the flexible nature of TIF. Over the past decade, the federal government has terminated most of its development assistance programs and substantially cut funding for its remaining development programs. Meanwhile, the state has initiated a number of new development assistance programs only to see these efforts become embroiled in major political controversies. Recently, the department administering development assistance, the Department of Trade and Economic Development, was reorganized. This was followed by the creation of a new economic development effort charged with responsibility for a wide range of new programs. How cities fit into the new law is unclear. Tax increment finance, on the other hand, remains the one program which provides maximum local flexibility and accountability. Although TIF can be complex and time consuming, city government dictates the pace of activity, initiates the projects, and controls the local program without interference from other levels of governments. TIF, however, has been a lightening rod for'state legislative proposals that would curtail cities' TIF authorities. Even after the enactment of a major TIF reform in 1979, the Legislature barely let the issue rest for a session. More recently, during the 1986 session, a restrictive TIF bill passed the House but died in conference. The League opposed this bill and worked for modifications in it. During the 1987 session, the House seemed less interested in TIF but did consider a proposal to reimburse counties for costs associated with TIF project improvements. This provision died in conference. The 1988 Legislature is very likely to reopen the TIF issue. A number of legislative committees have already signaled their intentions to hold extensive hearings on the issue. 1 80 university avenue east, st. paul, minnesota 551 01 C612)227-5600 TAX INCREMENT FINANCING (con't) The proposed changes in TIF have been numerous. The most frequently suggested changes have been: to give counties authority to veto TIF programs; to place a percentage limit on the amount of TIF a city can engage in; to redefine the soil correction test; to require pre -1979 projects to conform to provisions adopted by the 1979 Legislature; to reimburse the county auditor for administration of TIF projects; to change the definition of redevelopment projects. Current League Position League policy states that we are willing to work with the Legislature to improve the program or correct any problems with it. This begs the question of whether the League should initiate legislation or, alternatively, resist any legislative proposals during the 1988. YES, LEAGUE SHOULD INITIATE LEGISLATION. The League should initiate TIF legislation during the 1988 session to head off potentially damaging legislation. The county organization, with intense pressure from Hennepin and the support of Dakota Counties, seeks to severely limit TIF and several key legislators support this view. Unless the League leads and controls the legislative effort to responsibly revise the program, severe limits could become law. The League has a reasonable bill already drafted. It should negotiate with the county organization, giving only those concessions which do not damage city authority, and develop a strong coalition. The League should attempt to settle the issue for the foreseeable future by building and maintaining a coalition to oppose further tinkering with TIF. NO, LEAGUE SHOULD RESIST ALL EFFOR'T'S TO AMEND TIF IN 1988. The 1988 legislative session promises to be dominated by tax issues which will leave little time for the tax writing committees to deal with TIF. The House Tax Committee does not appear to be interested in considering TIF at this time. If the League sponsors a proposal, it could later be transformed into something which the League would not want. Moreover, the Legislature could still take up a major TIF reform bill even if the League -sponsored bill is accepted as is. Overall, it's best to leave well enough alone and not buy trouble. g IIII uu VIII league of minnesota cities LOCAL GOVERNMENT ELECTION DAY QUESTION: Should the League continue to oppose a Local Government Election Day. BACKGROUND: This proposal would require all city, school district, and special district elections (including county and municipal judge elections) to be held on the first Tuesday after the first Monday in November in odd years. Federal and state elections would be held in even years. Townships would have the option to retain present election days or change to the local government day. No primaries would be required for cities under 2500 population unless the city decides by ordinance or resolution. Primaries for non-partisan offices would not be required when no more than twice the number of persons to be elected file for an office. This proposed legislation would supersede all city charters, special laws, etc. Terms would be extended until the first Monday in January of the even year. Currently 642 cities conduct their municipal elections in November of the even year. Only 98 cities conduct their elections in November of the odd year. Annual elections are held by 58 cities and 31 cities have their municipal elections in other months according to charter provisions. Of the cities holding their elections in the even year, 78 percent are under 2500 population. The majority of school district elections are held annually in May. CURRENT LEAGUE POLICY: League policy opposes designating a Local Government Election Day. YES, THE LEAGUE SHOULD CONTINUE TO OPPOSE LOCAL GOVERNMENT ELECTIONDAY. There is no proof that a Local Government Election Day would increase voter participation or create more interest in local races. Cities should not have to conduct elections each year (local in odd years, state and federal in even years), thereby doubling their election costs. Combining school and city elections could be very confusing in a city which has multiple school districts or in a school district which covers several cities. NO, THE LEAGUE SHOULD NOT OPPOSE A LOCAL GOVERNMENT ELECTION DAY Designating a Local Government Day would be advantageous for the voter. They would soon realize that every first Tuesday in November is an election day. Media campaigns to get out the vote could be uniform throughout the state. Local elections would not get "lost" among the federal and state offices voted on in the even year elections. 1 03 university avenue east, st. paul, minnesota 551 01 (01 21 227-5000 VOTING EQUIPMENT QUESTION: Should the League continue to oppose legislation that would make current voting equipment obsolete by requiring expensive retrofitting or reprogramming costs. BACKGROUND: In addition to paper ballots, Minnesota uses three types of voting devices: LEVER MACHINES, the oldest form of voting device; ELECTRONIC VOTING MACHINES, known as PUNCH CARD machines; and OPTICAL SCAN equipment, the newest technology recently certified for use. Vendors submit equipment to the Secretary of State for certification. Once certified, equipment may be sold to local units of government. Current law allows cities to select the equipment which best suits local needs. CURRENT LEAGUE POLICY: The League supports current law and opposes any state -mandated system of voting equipment. YES, THE LEAGUE SHOULD CONTINUE TO OPPOSE LEGISLATION THAT WOULD MAKE OBSOLETE CURRENT CITY VOTING EQUIPMENT. Requirements, such as color -coding ballots to distinguish between parties, party -row balloting or other programming changes are expensive to cities. They are of no benefit in city elections since city elections are non-partisan. In addition, the timing of legislative mandates often makes the equipment unusable for a particular election. Designating party affiliation on the ballot is sufficient for state and federal offices. Additional designations are superfluous and unnecessary. NO, THE LEAGUE SHOULD NOT OPPOSE LEGISLATIVE MANDATES REQUIRING RETROFITTING OF EQUIPMENT TO HELP VOTERS IDENTIFY CANDIDATES OF POLITICAL PARTIES. Cities should not oppose legislation that is designed to help the voter select the candidates they wish to vote for. Color -coding of ballots or party row balloting would be helpful to the voter in finding the candidate they wish to vote for on the ballot. Candidates (and major Political parties) could use the color in all their promotion materials, thereby making identification easier on election day. State mandated voting equipment would provide for faster tabulation of results. Elections and education of voters would be simpler. league of minnesota cities LAND USE LEGISLATION QUESTION : Should the League support changes to the state's planning and zoning laws that would reduce cities' flexibility in structuring their planning commissions and boards of adjustment, reduce cities' ability to extend their subdivision regulations, require comprehensive plans prior to zoning, and consolidate and make consistent various planning and zoning laws? BACKGROUND The Governor's Advisory Council on State -Local Relations undertook a thorough review of the state's planning and zoning laws. The League participated in that study. A subcommittee of local elected officials was formed to review the recommendations developed by a technical committee composed of planning officials from townships, cities, counties, regional development commissions, and the state. Those recommendations have been collected in a report on land use legislation and draft legislation has been prepared, with introduction in the 1988 session probable. CURRENT LEAGUE POSITION The Land Use, Energy, Environment, and Transportation committee is currently debating the merits of the proposal. Staff has identified certain issues of substantial importance to cities that may cause problems if adopted as currently proposed. The Report's recommendations are in the left column. YES, THE LEAGUE SHOULD SUPPORT THE FOLLOWING RECOMMENDATIONS 1. REQUIRE THE CREATION OF A SEPARATE BOARD OF ADJUSTMENT. This board would rule on variances, etc. which must have at least one but no more than one planning commission or council representative. Appeals from this separate body would go directly to district court. This provision is intended to "depoliticze" the variance review process. NO, THE LEAGUE SHOULD OPPOSE THE FOLLOWING RECOMMENDATIONS 1. REQUIRE THE CREATION OF A SEPARATE BOARD OF ADJUSTMENT. This requirement unnecessarily limits the authority of a city to establish a structure that meets its unique situation. Smaller communities may find it difficult to recruit board members. An intermediate appeal to the council should be provided. I 00 university avenue east, st. paul, minnesota 551 01 (01 2) 227-5000 LAND USE (con't) 2. CHANGING THE REQUIREMENT OF UNDUE 2. CHANGING THE REQUIREMENT OF HARDSHIP TO AN EASIER STANDARD OF UNDUE HARDSHIP TO EASIER UNNECESSARY DIFFICULTY. STANDARD. This would loosen the current The existing requirement is standard to reflect common practice fine. Loosening the in granting variances from the requirement would make it more strict application of zoning difficult to implement the ordinances. requirements of a zoning ordinance. 3. REQUIRE THE ADOPTION OF A COMPREHENSIVE PLAN IN ORDER TO HAVE ZONING OR OTHER LAND USE CONTROLS. The comprehensive plan -can be as little as a statement of goals, objectives, and policies, and present and proposed land use maps. Recent cases have called into question the common practice of passing ordinances without a supporting comprehensive plan. Metropolitan cities have had this requirement for several years. Cities would have a five year grace period, after which failure to adopt a comprehesive plan would invalidate all offical controls. 4. PROHIBIT THE PRACTICE OF CONDITIONAL REZONING. Conditional rezoning is defined as making a district change conditioned on the applicant meeting certain requirements. An example is to grant rezoning from multi -family to commercial if the applicant agrees to construct apartment buildings in conjunction with the commercial development. 3. REQUIRE ADOPTION OF COMPREHENSIVE PLAN. The proposed requirement is overly onerous for cities. Courts will use incon- sistencies to supersede local decisions. The five year grace period is impractical. 4. PROHIBIT THE PRACTICE OF CONDITIONAL REZONING. Conditional zoning provides added flexibility and safeguards against changes in development proposals. league of minnesota cities TRANSPORTATION FUNDING QUESTION : What changes in the state's transportation funding mechanisms should the league support? BACKGROUND Governor Perpich and other political leaders have listed the lack of an adequate transportation funding program as the single biggest failure of the 1987 legislature. Funding inadequacy was almost assured when the Governor proposed suspending the transfer of the estimated $225 million generated by the Motor Vehicle Excise Tax (MVET) from the state's general fund to the highway and transit fund. The Legislature agreed with the non -transfer of MVET and these MVET funds, along with an approximate $700 million dollar tax increase, were used to balance the state general fund. The Minnesota Department of Transportation recently cancelled approximately $90 million in proposed highway projects because of the shortage in road funds. Many of the projects were in Greater Minnesota. Metropolitan projects were spared somewhat because many qualify for additional federal funds. Additional road funding is necessary. The administration has apparently abandoned as a possible source the transfer of the MVET. An increase in the gas tax or a one percent sales tax on general retail sales seem to be preferred at this time. A one cent increase in the gas tax results in approximately $20 million of revenue annually. Currently, Minnesota's gas tax is 17 cents per gallon. A one percent sales tax in the metro area would generate approximately $130 million annually. Tied in with the funding issue are the issues of jurisdiction studies and turnbacks, and potential constitutional amendments regarding dedication of the motor vehicle excise tax to the highway fund and the current allocation (62-29-9) of road funds among the state (628), counties (298), and cities over 5,000 population (98). Jurisdictional studies that attempt to establish the level of use for particular roads (i.e., classifying roads as collectors, arterials, etc.) will soon be completed. Some advocate the assignment of road maintenance responsibilities to the level of government that best matches the jurisdictional classification of the road. CURRENT LEAGUE POSITION The Land Use, Energy, Environment, and Transportation Committee is currently debating the funding issue. Existing League policy advocates dedicating the MVET, opposing large scale turnbacks, requiring all turned -back roads to be brought up to standards acceptable to the receiving jurisdiction, and modifying the allocation formula to provide for the funding of roads located in cities under 5,000 population by reducing the 298 county share. 1 00 university avenue east, st. paul, minnesota 551 01 (6121227-5600 TRASPORTATION FUNDING (con't) YES, LEAGUE SHOULD SUPPORT: 1. METRO SALES TAX Additional road funding is necessary. Most road needs are in the metropolitan area. A metro sales tax would provide a stable and adequate source of funds for the metro area. 2. GAS TAX INCREASE The gas tax is a user based tax, and levied state wide, thus justifying a proportional split between metro and rural areas. 3. MVET TRANSFER/DEDICATION Large, stable, user based funding source. Would implement legislative policy established 15 years ago. 4. JURISDICTIONAL REASSIGNMENTS Would make users of roads responsible for owning, upkeep; local roads -local governments, state roads -state government. Would reduce funding pressure on state. Promotes good government, efficiency. 5. CHANGE 62-29-9 FORMULA, REDUCING COUNTY SHARE TO FUND SMALL CITY ROADS Current allocation does not provide direct funding to cities under 5,000 and townships. Assumes all roads in those jurisdictions are either local roads or are on county and state aid systems. NO, LEAGUE SHOULD OPPOSE: 1. METRO SALES TAX A sales tax, unlike MVET or the gas tax, is not user based. Rural area needs would not be ade- quately funded. 2. GAS TAX INCREASE Minnesota already has one of the highest gas taxes in the nation. Only generates $20 million per penny. 3. MVET TRANSFER/DEDICATION General fund loses $200 million annually, fund is dedicated,.limits discretion in use of funds. 4. JURISDICTIONAL REASSIGNMENT May not reduce overall mileage of roads in state. to property tax payers. Would shift responsibility for road upkeep from users to property tax payers, create new local problems. 5. CHANGE 62-29-9 FORMULA Current allocation method is fair, balances mileage and level of use. Fund- ing for a state system, not local roads. Would require constitutional amendment to change. 61f1-1 11 = league of minnesota cities HOMESTEAD CREDIT QUESTION : Should the League oppose changes in the homestead credit adopted by the 1987 Legislature? BACKGROUND The 1987 Legislature adopted major changes in the homestead credit program. Beginning in 1989, the current residential homestead credit program will be eliminated. For the homeowner, the homestead credit will be replaced by a "homestead value exemption." This means that a certain value of the homestead property will be exempt from property taxes -- for 1989, this exempt value would be 52 percent of the assessed value of the first $68,000 of the market value of the home. The homestead credit shown on the homeowner's tax bill will be equal to the total local mill rate (including city, county, school and town portions of the property tax) multiplied by the exempted value. The city and other local governments will spread their levies and determine their mill rates by excluding the assessed value exempted under the new program. For cities and other units of local government (counties, schools, and townships), the old homestead credit program will be replaced by a "homestead credit replacement aid." In the first year of implementation (1989), the homestead credit replacement aid paid to a city is supposed to be roughly equal to what it received in the prior year. However, due to formula changes, high -mill rate areas will generally receive more aid in 1989 and low -mill rate areas will generally receive less aid. In 1990 and all future years, this base amount of homestead credit replacement aid paid to a city will be increased only by two escalator factors : 1) inflation and 2) growth in a city's exempted homestead values. Increases in a city's mill rate will not increase the homestead credit replacement aid. CURRENT LEAGUE POSITION : The Revenue Sources Committee is currently debating whether to oppose the new homestead credit replacement aid or take a more cautious approach, urging the Legislature to be aware of all the effects of the new credit before implementing it. 1 03 university avenue east, st. paul, minnesota 551 01 (6121227-5600 HOMESTEAD CREDIT ( cor! ° t ) YES, LEAGUE SHOULD OPPOSE THE NEW HOMESTEAD CREDIT PROGRAM Cuts in the new homestead credit program could be made more easily because there would no longer be a direct link between the homestead credit paid to homeowners and the reimbursement to cities for revenue lost through the homestead exemption. Under the old homestead credit program, it was difficult for the Legislature to cut the credit without it showing up on the taxpayer's bill. Under the new program, however, the Legislature could cut the homestead replacement aid to cities, but the credit appearing on the homeowner's bill would remain the same or even go up under certain circumstances. The new homestead credit replacement aid is another "aid" program, like local government aid. Annual battles over formula changes are more likely. It would be easy for the Legislature to cut the homestead replacement aid --even in the middle of the budget year-- with no warning to cities which depend upon that source of revenue. In establishing the initial homestead replacement aid amount (upon which all future aid would be based), higher mill rate areas would be advantaged and low mill rate areas would be disadvantaged. In the future, a city which has growing needs and must increase its mill rate will not receive increasing homestead credit payments. This could force large and abrupt increases in the taxes paid on non-exempt property (commercial/industrial property, the non-exempt portion of homestead values, renters). NO, LEAGUE SHOULD NOT OPPOSE NEW HOMESTEAD CREDIT PROGRAM. It is good policy to sever the link between homestead credit payments and property tax levels of local governments. The old program provided too much of an incentive to local governments to raise their taxes since, in most cases, 54 % of the tax increase was picked up by the state through the homestead credit. The Legislature will be able to have more direct control over expenditures for the new homestead credit replacement aid since it can easily change or, if necessary, temporarily suspend the two escaltor factors in the homestead credit formula. Expenditures for the homestead credit program will be more predictable since the homestead credit will no longer be linked to local property tax levels. This will help stabilize the state's budget situation. If the state faces budget problems, expenditures for the homestead credit program could be easily cut, providing the state with a better tool for dealing with budget crises. In the past, some argued that cities were not accountable for their tax and spending increases since local property taxpayers were partly protected against local tax increases by the homestead credit. With this new homestead credit design, no one can make that argument. LL111 Ll '1111 IIII I11{ league of minnesota cities LEVY LIMIT LEGISLATION QUESTION: Should the League designate the elimination of levy limits as an A priority, proposing legislation and making it a high priority? BACKGROUND: The 1987 Legislature imposed a very tight three percent levy limit on all cities for payable 1988. The new levy limit is more severe than prior limits because first, most "special" levies (previously allowed outside the limit) are suspended for one year (except for bonded debt and certain pension costs) and second, the new levy limit is imposed on small cities (under 5000 population) for the first time since 1982. Despite legislators' assurances that tighter levy limits would be temporarily imposed for only one year, the new tax law actually imposes tighter levy limit restrictions beyond 1988. Smaller cities (under 5000 population) would be permanently subject to levy limits. The impetus for tighter limits came largely from legislators' fears that local property tax levels would increase dramatically next year because of changes in the school aid formula, the loss of federal assistance (particularly general revenue sharing), and limits the state placed on state aid through the LGA and homestead credit programs. YES, ELIMINATING LEVY LIMITS SHOULD BE AN "A" PRIORITY FOR LEAGUE Of all revenue issues (including LGA, homestead credit and property tax reform), tight levy limits have the most harmful effect on cities' abilities to operate financially and to provide the services their residents need. They are particularly unworkable for small cities which have small budgets and can experience large year-to-year increases in their budgets. Tight levy limits force cities to issue more debt which is not always the most economical or most appropriate manner for financing expenditures. Levy limits also prevent many cities from building up adequate reserves. Levy limits are severely limiting cities' abilities to compensate for cuts in state and federal financial aid as well as making it impossible to deal with rising costs forced by state and federal mandates. Levy limits are inconsistent with the principles of local self-government and local accountability. Levy limits are arbitrary when applied uniformly to all cities since cities vary markedly in their needs and abilities to raise revenue. NO, ELIMINATING LEVY LIMITS SHOULD NOT BE AN "A" PRIORITY FOR LEAGUE Designating the elimination of levy limits as an A priority will take away from the League's resources to lobby against harmful changes in the homestead credit program and to lobby for increases in the LGA program. Since the school aid formula changes which are likely to force up local property tax levels will have their most dramatic effect in 1989, it is unrealistic to make a major effort to eliminate levy limits for 1989. The League should wait until the "dust has settled" on the school aid changes. Certain key legislators on the tax committees strongly oppose the removal of levy limits. These legislators are in a position to single-handedly block any bill eliminating levy limits no matter what the League does. They argue that they will not consider the removal of limits until comprehensive property tax reform is achieved. Rather than making a major effort to eliminate levy limits, the League should try to get incremental changes in the law that would at least temporarily loosen up the limits. 1 83 university avenue east, st. paul, minnesota 551 01 (31 27 227-5000 -7-- 1 CITY SERVICE CHARGES FOR TAX-EXEMPT PROPERTY QUESTION: Should cities be able to impose a service charge on tax-exempt property? BACKGROUND: Last year the House included in its tax bill a proposal to grant cities the option to impose, by resolution, a service charge for "basic municipal services" provided to tax-exempt properties. This was designed as an option which cities could voluntarily exercise. Service charges collected by the city would be deducted from the city's levy limit. In exercising this option, the city could not be selective in applying the charges. They would have to apply equally to all tax-exempt property in the city. However, the city could not impose service charges on buildings owned by federal, state, or local governments, Indian tribes, or on buildings subject to payments in lieu of property taxes. Under the proposal, basic municipal services would be the amount a city spends for "police, fire, street and road construction and maintenance, street lighting, sanitation, or other similar property related public services." Service charges would be related to the assessed value of the tax-exempt property and the total costs of basic municipal services. CURRENT LEAGUE POSITION: League supports requiring tax-exempt property (except houses of worship) to reimburse cities for costs of police, fire and street services. YES, THE LEAGUE SHOULD CONTINUE TO NO, LEAGUE SHOULD NOT SUPPORT SUPPORT IMPOSING SERVICES CHARGES IMPOSING SERVICE CHARGES ON ON TAX-EXEMPT PROPERTY TAX-EXEMPT PROPERTY It is clear that tax-exempt Most tax-exempt property, property benefits from city particularly charities and services (police, fire protection hospitals, are dedicated to serving and street services). the public and shouldn't be charged for services. It is inequitable to provide free services to tax-exempt property. Other city property ends up bearing higher tax burdens as a result. Certain cities have a high concentration of tax-exempt property and are in a particularly disadvantaged situation. Some tax-exempt properties, such as hospitals or nursing homes, are almost like profit-making businesses. The proposal is "all or nothing." It does not allow cities to pick and choose among the tax-exempt properties in assessing services charges. Thus, unfair burdens will fall on certain tax-exempt properties that cities may want to protect. This proposal is not really helpful since any revenue a city gains from services charges must be deducted against its levy limit. Hence, it is not new money. This proposal really cities which concentrations of property. only benefits have high tax-exempt M nu 11-117-11111 _L.JJ league of minnesota cities RELATIVE PROPERTY TAX BURDENS FOR CERTAIN TYPES OF PROPERTY QUESTION: Are local property tax levels for certain types of property too high, especially in relation to other types of property? BACKGROUND: Wide disparities often exist between the tax burdens of various types of property in certain communities. Listed in the table below are the statewide average effective property tax rates (that is, the tax burden in relation to the property's market value) that are projected by the House Research Department for 1988. EFFECTIVE PROPERTY TAX RATES BY TYPE OF PROPERTY, 1988* Type of Property Effective Tax Rate Residential Homesteads ................ 1.30 % Residential Non -homesteads............ 3.41 Apartments ............................ 4.07 Agricultural Homesteads ............... 0.83 Agricultural Non -homesteads........... 1.42 Commercial/Industrial under $60,000... 2.96 Commercial/Industrial over $60,000.... 5.05 ---------------------------- * Based on House Research computer simulation, 8CM -- over -- 1 F0 university avenue east, st. paul, minnesota 551 01 [B 1 23 227-5000 RELATIVE TAX BURDENS FOR CERTAIN TYPES OF PROPERTY (con't) RESIDENTIAL HOMESTEAD BURDENS Property taxes on homestead are low, but it is important to keep them low since homeowners vote. Many home owners are elderly and cannot afford higher property taxes. While home owners' property taxes may be low, they have high sales and income tax burdens, especially relative to businesses. RESIDENTIAL NON-HOMESTEADS/APARTMENTS Property taxes on rental buildings are too high. These high taxes are often passed on to residents in the form of higher rents. Renters are often low-income persons or elderly living on fixed incomes. AGRICULTURAL HOMESTEADS Property taxes for homesteaded farms should remain low, particularly since many farmers, especially small farmers, are experiencing financial stress. COMMERCIAL/INDUSTRIAL The high property taxes which many businesses must pay are an excessive burden and may discourage some businesses from locating or remaining in a community. This causes loss of jobs and economic activity for a community. Small business can be particularly hard hit, especially if they are located in already depressed areas where rapidly declining farm values have caused tax burdens to shift to the businesses in cities. Tax burdens for homesteads are too low and need to increase somewhat so that the property taxes for businesses can be lowered. Ultimately, a community's ability to retain businesses will affect jobs for local residents and local growth and wealth. The renters' credit and circuit breaker programs are designed to provide property tax relief to renters. If more relief is needed it should be given with these programs rather than directly reducing property taxes for apartment owners who may not pass on these tax cuts to their renters. Effective property tax rates for farms are about the lowest for any type of property. They could be increased without hurting farmers who are under financial stress since the income tax is designed to help out low-income persons. Although businesses may pay more in property taxes than home- owners, businesses tend to pay relatively less in corporate income taxes. Thus their combined property and income tax burden is no greater. Reports show that over half of all MN corporations paid no corporate income tax in 1984, including 192 of the top corporations with annual earnings over $50 million. LLleague of minnesota cities LOCAL OPTION TAXES QUESTION: Should the League support granting cities a local -option to raise other non-traditional taxes, such as local sales or local income taxes? BACKGROUND: Local governments have traditionally relied on the property tax and state aids for a major portion of their revenues. Since 1971, local governments have been generally prohibited from levying local sales or income taxes. At the same time (1971), property tax levy limitations were imposed on local governments. These tax reforms (known as the "Minnesota Miracle") were enacted in exchange for a state commitment to use state -raised sales and income tax revenues to finance property tax relief for local governments. In recent years, however, state budget problems combined with political pressure to hold down state income and sales taxes have led to substantial reductions in state aids. The result has been that cities have been forced to rely more heavily on local property taxes. CURRENT LEAGUE POSITION: League policy recommends that cities be given local option to raise other non-traditional revenue sources, such as sales taxes, to enhance local financial flexibility. Policy states that local option taxes should supplement, not replace, the traditional revenues of cities. YES, LEAGUE SHOULD CONTINUE TO NO, LEAGUE SHOULD NO LONGER SUPPORT SUPPORT LOCAL OPTION TAXES LOCAL OPTION TAXES As state and federal aids are cut, cities need to turn to other sources of revenue, not just the property tax, to fill the revenue gap. Property taxes are already to high in many places. Allowing local -option taxes would mean rich communities would get richer and poor communities poorer since it is richer communities that would likely have more sales activity and local income to tax. Strict levy limits are also With the availability of local preventing cities from using the option taxes, the state would cut property tax when they need to in back on state aids even more. order to maintain services. Local option taxes could alleviate that Income and sales tax revenue are situation. not reliable revenue sources since they fluctuate widely depending upon economic conditions. I R3 university avenue east, st. paul, minnesota 551 01 (81 2) 227-5800 LEAGUE OF MINNESOTA CITIES LEGISLATIVE ISSUES VOTING CARD City: Attending Regional Meeting at: Tax Increment Financing (TIF) Support Oppose Voting Equipment Support Oppose Local Government Election Day Support Oppose Land Use Legislation Support Oppose Support Oppose Support Support Support Support Support Transportation Fundin Support Support Support Support Support Oppose Oppose Oppose Oppose Oppose Oppose Oppose Oppose Oppose Oppose Name: League -sponsored TIF legislation Legislation making current voting equipment obsolete Continue to oppose a local government election day 1. Separate Board of Adjustment 2. Change definition of undue hardship 3. Requirement for comprehensive plan 4. Prohibit conditional zoning 5. Zoning controls consistent with comprehensive plan 6. Change the ability of cities to extend subdivision regulations 7. Fringe Area Growth Proposal 1. Metro Sales Tax 2. Gas Tax Increase 3. MVET Transfer/Dedication 4. Jurisdictional Reassignment 5. Changing the 62/29/9 allocation forumla l \1 Homestead Credit Program Support Oppose Levy Limit Legislation Support Oppose Changes to or new homestead credit program Should the League make the removal of levy limits an "A" priority Citv Service Charqes for Tax -Exempt Propert Support Oppose Should cities be able to voluntarily impose service charges on tax-exempt property Relative Tax Burdens for Certain Types of Property Residential Homestead taxes are: Too High About Right Too Low Residential Nonhomestead/Apartment taxes are: Too High About Right Too Low Agricultural Homestead taxes are: Too High About Right Too Low Commercial/Industrial taxes are: Too High About Right Too Low Local Option Taxes Support Oppose Should the League support local option taxes? COMMENTS: association of metropolitan municipalities August 14, 1987 TO: AMM Member Cities FROM: Vern Peterson, Executive Director Roger Peterson, Director of Legislative Affairs RE: METROPOLITAN AREA AND AMM MAJOR ACTIVITIES 1. METROPOLITAN COUNCIL PROPOSED 1988 WORK PROGRAM AND BUDGET: tc The Metropolitan Council has scheduled a Public Hearing at 5:00 P.M. on Thursday, September 10 to receive input on its' proposed 1988 Budget and Work Program. The AMM's Metropolitan Agencies Committee, Chaired by Kevin Frazell, Mendota Heights Administrator, will review and assess that proposal and prepare a report for the AMM Board's consideration prior to submittal at the Public Hearing. The AMM Metro Agencies Committee will begin its review at a noon meeting in our offices on Thursday, August 20th. and Dave Renz, the Council's Executive Director and other department heads are expected to be present to brief the committee and answer questions. Your input and or attendance at this meeting is welcome. Since the AMM is usually the only group or organization that annually reviews and offer comment to Council's yearly budget proposal, we feel it is important to do a very thorough review. 2. OUTREACH BREAKFASTS: The AMM has just completed a round of breakfast meetings in the region to discuss•with member officials what the hot issues for 1988 are likely to be, to get input on those issus; and to seek additional items for policy study by the standing committees. Judging by the attendance and spirited discussion at each of the four meetings, local officials are concerned about legislative issues and eager to become involved. Three major topics become the theme for discussion among the 65 participants from 43 of the 65 AMM member cities. The first had to do with a Metropolitan Transportation Fund. Although there is an agreed upon significant need for more highway dollars, there is an even stronger fear that if the Metro Area begins funding area projects that more of the metro share of state earned dollars will be funneled into outstate projects. There did seem to be a clear consensus that if currently raised transportation related dollars, 183 university avenue east, st. paul, minnesota 55101 (612) 227-5600 i.e MVET were channeled to Highway User instead of the General Fund, most of the shortage ant thus problem would be resolved. The second major topic centered on levy limits. A majority of officials would like to push for elimination but realize that there is a very real problem in the intertwining of Levy Limits, Local Government Aid and Homestead Credit which needs to be resolved. Also, besides, the fact that the chairs of both House and Senate Tax Committees are strong proponents of levy limits, some local officials fear that without them, the legislators would shift many additional financial burdens into local government and property tax payers. The answer may lie in achieving a rational index with out artifical floor or ceiling. Finally, the participants expressed concern about holding their legislators accountable, developing a voting scorecard, or some other mechanism that will help publicize the effeciveness of various legislators where local issues are at stake. All in all the breakfasts were productive and generated several good issues to be taken to the policy committees. They achieved the goal of fostering interactive communications with Board/Staff and members. 3. SPECIAL COMMITTEE ON LEGISLATIVE ACCOUNTABILITY: As noted in the summary of the "Outreach Meetings", there was stong support for a process to keep city officials better informed as to how Legislators vote on major city issues. A number of "Associations" at both the State and Federal level do have a "scorecard" type procedure to track the votes of Legislators on issues that are key to that particular association. There are significant "pros and cons" involved with the concept and the AMM Board has appointed a special committee to study this proposal and report back to the Board. Larry Bakken, Golden Valley Councilmember, AMM Board Director and Hamline University Law Professor, will Chair this committee. Other members are Duke Addicks, Minneapolis; Mark Bernhardson, Orono, Benno Salewki, St. Paul, and Maria Vasiliou, Plymouth Councilmember. The committee is very much interested in receiving input from member city officials with respect to this idea and will hold its initial meeting on August 26th. 2 4. CRAIG MATTSON - NEW BOARD DIRECTOR: We would like to extend our congratulations and welcome to Craig Mattson, Oakdale City Administrator, who was appointed to the AMM Board at the August 6th. Board Meeting. Craig replaces the late James Lacina of Woodbury and has been the Oakdale Administrator for about seven years. Oakdale, the third largest city (population) in Washington County, has been a member of the the AMM since 1978. 5. POLICY COMMITTEES: Starting Tuesday August 18th. the AMM's five standing policy committees will commence meeting to revise organizational legislative policy for 1988 in light of 1987 action. The committees will consider suggestions made at the Outreach Breakfasts, and requests from member officials, cities, staff and the Board of Directors. This activity will continue through October 1st. giving each committee an opportunity to meet at least four times, more if necessary. The Board of Directors will review policy recommendations November 5 and the full membership will meet December 2nd. for final policy action. Individuals having suggestions or requests for policy consideration should contact a member of the appropriate policy committee or Vern Peterson or Roger Peterson at the AMM Office (227-5600) as soon as possible. 6. LEGISLATIVE TAX STUDY COMMISSION: This recently reinstated commission to study property tax reform met for the first time August 11th. Staff persons from the Revenue and Finance Department made rather lengthly reports on their computer analysis capabilities. Also, scheduled but delayed due to lack of time were House and Senate Research staff people. Nothing firm was accomplished. House Tax Committee Chair Representative Gordon Voss, the author of enabling legislation outlined his goals which are basically stated in the bill and which are primarily the establishment of a data base that would allow manipulation of property tax and income data in combination. Rep. Voss indicated he would form a subcommittee to determine future activity. No additional meetings have been scheduled. 7. CALENDAR OF MAJOR AMM EVENTS: A. October 1, 1987 - AMM Golf Outing, Dinner and Business Meeting: A detailed announcement will be mailed in about ten (10) days but please mark your calendar now. Golfing will start early in the afternoon followed by a Dinner Business Meeting early in the evening. 3 -: _-\-.-)- B. December 2, 1987 - The Annual AMM Legislative Policy Adoption Meeting! will be held the evening of Wednesday, December 2nd. Please mark your calendar now for this very important event eventhough it is still several months away. DISTRIBUTION NOTE: This Bulletin has been mailed to Mayors and Managers/Administrators only. Please distribute to other officials in your city as you deem appropriate. 4 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: August 19, 1987 TO: James G. Willis, City Manager FROM: Eric J. Blank, Director of Parks and Recreation SUBJECT: MEMO FROM BOB ZITUR - AUGUST 4, 1987 Any unsightly debris in Rolling Hills park or any other neighborhood park under construction will be cleaned up as the final grading, seeding and sodding takes place. I would expect this to all be completed by September 15, 1987. /np i ►3b 13 � August 18, 1987 Jack Cole, Library Board President pLYMOUTII Henne in C t Lib F oun y rary Administrative Offices Ridgedale Drive at Plymouth Road 12601 Ridgedale Drive Minnetonka, MN 55343-5648 Dear Mr. Cole: On behalf of Plymouth City Councilmembers, I am extending an invitation to you, Director Rohlf and Hennepin County Library Board members to meet informally to exchange ideas about matters of mutual interest. I propose that we meet at 5:30 p.m., Monday, September 14th in our City Council Conference Room at the Plymouth City Center Building, 3400 Plymouth Boulevard. We are located just north of Highway 55, approximately one mile west of the intersection of I-494 and Highway 55. We would hope that during the course of the meeting we might glean a better understanding of the Hennepin County Library Board Capital Improvement Program process and direction. We also hope to be able to help you to become more familiar with our developing community and our basis for believing that the time is now to begin planning for a community library in Plymouth. I would expect that this meeting would not exceed 1-1/2 hours. I would appreciate it if you would let City Manager, Jim Willis, know by August 31st. whether or not this date and time are convenient. In the meantime, I and the City Council look forward to meeting you, Director Rohlf and members of the Library Board on September 28th. Sincerely, Virgil Schneider Mayor VS:kec cc: City Councilmembers James G. Willis 3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 ita"it•. m CITY OF Jack Cole, Library Board President pLYMOUTII Henne in C t Lib F oun y rary Administrative Offices Ridgedale Drive at Plymouth Road 12601 Ridgedale Drive Minnetonka, MN 55343-5648 Dear Mr. Cole: On behalf of Plymouth City Councilmembers, I am extending an invitation to you, Director Rohlf and Hennepin County Library Board members to meet informally to exchange ideas about matters of mutual interest. I propose that we meet at 5:30 p.m., Monday, September 14th in our City Council Conference Room at the Plymouth City Center Building, 3400 Plymouth Boulevard. We are located just north of Highway 55, approximately one mile west of the intersection of I-494 and Highway 55. We would hope that during the course of the meeting we might glean a better understanding of the Hennepin County Library Board Capital Improvement Program process and direction. We also hope to be able to help you to become more familiar with our developing community and our basis for believing that the time is now to begin planning for a community library in Plymouth. I would expect that this meeting would not exceed 1-1/2 hours. I would appreciate it if you would let City Manager, Jim Willis, know by August 31st. whether or not this date and time are convenient. In the meantime, I and the City Council look forward to meeting you, Director Rohlf and members of the Library Board on September 28th. Sincerely, Virgil Schneider Mayor VS:kec cc: City Councilmembers James G. Willis 3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 August 13, 1987 Mr. Virgil Schneider Mayor, City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Dear Mayor Schneider: AUG, 49 1987 —ro�P�rMocr N Pt I am writing you this letter as an ongoing effort to try and do something about the concerns we have with our neighborhood on 15th Avenue North in Plymouth. We have registered complaints with your City officials since 1983 and, to date, still have not received any satisfaction with their "attempts" to help remedy the situation. Our complaints remain the same: the condition of the property located at 10715 15th Avenue North, the two vacant lots which are now for sale, the vacant lot which has been turned into a gravel pit, various licensed and unlicensed vehicles which continue to be parked all over the neighborhood, the condition of 15th Avenue North, and the overall unsightliness of the entire area. I have contacted all of the individuals listed below on numerous occasions to solicit their assistance in these matters. In our minds they have provided only lip service and cursory assistance. The fact remains that nothing has changed. Your City officials claim that the situation has improved over time, that it is really not that bad, or that there is nothing that can be done. Wrong! We have contacted the Attorney General's office and were told that we could initiate a lawsuit over this matter. By this letter I am informing you that, since your City seems unwilling to get back to us on these problems and are simplXy not willing to take any truly corrective action, we do, indeed, intend to intiate a lawsuit in this matter. Before doing that, however, we would like an opportunity to meet with you in order to try one last time to work together to solve these problems. Please call us at 545-9334 to set a meeting. If we have not heard from you by Wednesday, August 19, we will call your office. cc: Vasilou Saba Ryan Sincerely, e�nd� 4 T(Y) Nok(-(-e(- 1D'110 ISA Ove. f)o. Pl�Mau+h, MM. SSLA41 August 19, 1987 Timothy & Cynthia Harrer 10710 - 15th Avenue North Plymouth, MN 55441 Dear Mr. & Mrs. Harrer: Following receipt of your most recent letter, I visited your area on August 17, 1987 at about 4:00 p.m. Prior to that, I had called your house and left a message on your recorder. My finding are confirmed by the attached report from Tom Saba, dated August 17, 1987. The report notes that while there are some items requiring removal, the general neatness of the surrounding property has improved over the last two years. We will be asking the Martins to remove the washing machine from their deck. A small pile of branches exists which are to be hauled away, and the fence is being dismantled to be used for other purposes. We have identified the property owner of the vacant lot adjacent to the Country House and will be writing him a letter directing that the construction and excavation equipment and gravel be removed from this residential lot and that the weeds be cut. In reviewing the file, I believe the City has made a responsible effort in addressing your concerns over a time. However, if you believe that it is necessary for you to pursue'other avenues, that is always your option. Sincerely, c% � 1 Virgil Schneider Mayor VS:kec 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 1 - x CITY OF PLYMOUTH+ Following receipt of your most recent letter, I visited your area on August 17, 1987 at about 4:00 p.m. Prior to that, I had called your house and left a message on your recorder. My finding are confirmed by the attached report from Tom Saba, dated August 17, 1987. The report notes that while there are some items requiring removal, the general neatness of the surrounding property has improved over the last two years. We will be asking the Martins to remove the washing machine from their deck. A small pile of branches exists which are to be hauled away, and the fence is being dismantled to be used for other purposes. We have identified the property owner of the vacant lot adjacent to the Country House and will be writing him a letter directing that the construction and excavation equipment and gravel be removed from this residential lot and that the weeds be cut. In reviewing the file, I believe the City has made a responsible effort in addressing your concerns over a time. However, if you believe that it is necessary for you to pursue'other avenues, that is always your option. Sincerely, c% � 1 Virgil Schneider Mayor VS:kec 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 PLYMOUTH POLICE DEPT. OFFENSE OR INCIDENT VICTIM 8/17/87, 1 500 hours: 4Aa- SUPPLEMENTARY/CONTINUATION REPORT UATE d TIME OCCURRED The lot across from the Country house on South Shore Drive was inspected. I found a large gravel pile, a dump truck and some small tractors on trailers on this vacant lot. In other words, the lot was being used as a staging area for an active excavating operation. The lot, PIN 2511822340007, is listed on the City of Plymouth records to John Bavolak, 525 Indiana Avenue North, Golden Valley, MN 55422. There is a Merrill Lynch Realty Sign on the property listing the sales representative as James Tuma, 377-3643. The large, new, International Dump Truck, YU-36191, has lettering to Jackson Excavation, 521-3970, (Changed to 754-2480). All numbers had recorded messages so I left my name and number. It is my intent to find out the current owner of the pr6perty, the people using the property and to get the activities in compliance with city ordinance. iPREC NO. I reinspected the Martin Property on 15th Avenue. They have removed all the plastic bags, the clothing and other items from the deck. There is now a washing machine on the deck and some cedar fence board in the back of the house. I spoke to Pamela Martin and she said the washing machine would be removed this week and the fence .in back of the, house was being dismantled and the cedar boards are being used to panel their basement. The Martin property is relatively clean. The items that I discussed with them have been cleaned up. The neatness of the property has been improved over the last two years. Currently, they have the fence being dismantled, a washing machine on the deck and a pile of branches beside the driveway. All of the aforementioned seem to berelated to their improving the condition of the house and property. At this time, the only active process that would be indicated would be to identify the persons responsible for the vacant lots across from the Country House on South Shore Drive, to have them comply with zoning in that residential area by removing the construction/excavating equipment and gravel and to maintain the lots by cutting the weeds. T.. Saba CC: Martin/Harrer File Director Carlquist Asst. City Manager Frank Boyles PLYMOUTH POLICE DEPT. OFFENSE OR INCIDENT VICTIM SUPPLEMENTARY/CONTINUA IT ON R PORT CASE NO. DATE & TIME OCCURRED I received a telephone call from the realator, James Tuma, in response to the message I left for him yesterday. Tuma told me that the lot directly across from the Country House is owned by John Bavolak. John is confined to a bed and cannot walk. He is trying to sell this residential lot and has not given permission for anyone to use the property, in fact, they do not know who is parking the construction equipment. I gave Tuma the information that I copied from the lettering on the dump truck parked on the property and he will contact the owner of the excavation company with a demand to remove all vehicle and materials from the property. The lot immediately west of the Bavolak property is in Medicine Lake and is owned by Elmer and Lucille Hartwig. Elmer recently passed away and Lucille is in St. Teresa's Residence. The lot has been maintained by Medicine Lake cutting the weeds and billing the Aartwigs. Currently, the lot is free of debris and vehicles, but the weeds need cutting again as they are over one to two feet tall. T. Saba CC: Martin/Harrer File Director Carlquist Asst. City Manager Frank Boyles PREC NO. SAGAMORE Management A.&.sociation II 10700 ROCKFORD ROAD . PLYMOUTH, MN 55441 . (612) 559-1430 August 5, 1987 Hon. Mark Andrew Chairman, Hennepin County Commission 2400 Government Center Minneapolis, Minnestoa 55487 Dear Chairman Andrew, Thank you for referring our petition for access from t:e sever. SagaTnre condominium associations to County Road 9 to "Administration". Enclosed are additional petition forms from some of the other buildings, not yet sent to Commissioner Rabb. I have also enclosed a site plan of the Sagamore community. You can see that we now have 288 unit owners, with plans for a total 408 units. At the present time, we have more than 500 Plymouth residents living at Sagamore. At least one-third of these residents and owners are over 55 years old. The present road, with only one access at the rear of the property (45th Avenue North) adds at least two minutes to the time it takes emergency vehicles to respond. In the past year, we have needed ambulances at least five times just in two buildings. We are very concerned about this need as the community grows. Our concerns are echoed in Trenton Place, a condominium across the street that shares the same single access to and from the area, adding to the congestion. There are also some private homes, again using only that one corner to get in and out of the area. In short, we need your help in gaining a right-hand access to County Road 9, with an emergency cross-over. Our owners are very concerned about the lack of adequate emergency response time, and the congestion created by only one point iii or out of an area with almost 800 residents. On behalf of the Sagamore condominium associations and their 500 owners and residents, I ask your help in meeting this need. Sincerely, ' ' ik�-y�L �cc tL/ Donald Schaffhausen ' President, Sagamore Management Association MARK ANDREW CHAIRMAN ? . 948 - 13b•8E� �, �• IAL > 4AFF BOA F _ `� RD O HENNEPIN COUNTY COMMISSION So` 2400 GOVERNMENT CENTER v �� MINNEAPOLIS, MINNESOTA 55487 August 13, 1987 Mr. Donald Schaffhausen, President Sagamore Management Association 10700 Rockford Road Plymouth, MN 55441 Dear Mr. Schaffhausen: Thank you for your letter of August 5, 1987, concerning the petition submitted by the residents of the Sagamore community. As I understand the petition, there are actually three areas of concern: direct access off CSAH 9 for the residents of the Sagamore community; construction of a cross-over for emergency vehicles; and construction of noise barriers. I would like to separately address each of these concerns. CSAH 9 is being constructed as a major arterial with projected daily traffic counts of over 26,000 vehicles per day. To safely handle this traffic, access must be limited to controlled intersections which, in coordination with the City of Plymouth, have been designated at Zachary Lane, Larch Lane and County Road 61. Access to properties north and south of CSAH 9 are to be provided for off these north south routes and Forty fifth Avenue has been constructed to handle the present and future traffic in the area north of CSAH 9. Concerning the request for direct access off CSAH 9, for safety and traffic flow the intersection would have to be fully constructed with access from the west also addressed. Such an intersection has no continuity to the north or south and further might generate additional traffic to the yet undeveloped area north of 45th Avenue. Such an intersection is not recommended. Concerning the construction of an emergency cross-over, the potential for the illegal use of that left turn movement could create an extremely dangerous situation. Further, with the alternative of the emergency vehicle to travel north at either Zachary Lane or Nathan Lane to 45th Avenue would not appreciably increase the response time. Mr. Donald Schaffhausen August 13, 1967 Page 2 Finally, as to your request concerning noise barriers, because of the high cost and necessary right of way required to adequately construct noise barriers of sufficient height and length to be effective, the County has not participated in the construction of noise barriers. Throughout the project we have constructed earth berms where right of way is available. However, these function mainly for sight and are not effective for noise. Because at the area in question, CSAH 9 is depressed below the adjacent street to the north such earth berms would not be appropriate. I appreciate the time and effort you and your residents have placed petition, but feel that the design of CSAH 9 as constructed and the of adjacent street patterns both north and south is consistent with and future development of the most onvenient for everyone. Si c ely, V entire area and should in the long run Mark Andrew, Chairman Hennepin County Board of Commissioners srn cc: Jim Willis, City of Plymouth on this planning present be the August 14, 1987 Mr. Jerry Jensen Holiday Stores, Inc. P.. Box 1224 Minneapolis, MN 55440 Dear Mr. Jensen: The City Council asked that I write you to express the City's concern about the plantings which have died on your site and which have not been replaced. The Council is not only concerned about the appearance of the dead plantings but about the failure to replace those plantings as a matter of preserving and maintaining the aesthetics which were established for the site when it was developed. I understand that you had initiated some action to have this done and I encourage you to check into it to see that it is done before the end of this season. I realize the frustration you must have as plants die, but I would recommend that your store manager or other appropriate persons be charged with periodically checking them so that you can be sure, if nothing else, that materials, possibly covered by warranty, were replaced under that warranty. The intent of the City Ordinance is that plantings not only be properly installed but they be maintained. Your cooperation in assuring that this is upheld will be appreciated. Sincerely, Blair Tremere, Director Community Development BT/gw cc: File City Manager 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800