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HomeMy WebLinkAboutCouncil Information Memorandum 06-11-1987CITY COUNCIL INFORMATIONAL MEMORANDUM June 11, 1987 UPCOMING MEETINGS AND EVENTS..... 1. JOINT COUNCIL/STAFF DINNER MEETING -- Monday, June 15. A joint Council/staff dinner meeting is scheduled commencing at 5:30 p.m. to discuss solid waste issues including organized collection and mandatory recycling. A light dinner will be served. 2. PLYMOUTH FORUM -- Monday, June 15, 7:00 p.m. Plymouth Forum in the City Council Chambers. 3. REGULAR CITY COUNCIL MEETING -- Monday, June 15, 7:30 p.m. Regular City Council meeting in the City Council Chambers. 4. CONCERT IN THE PARKS -- Because of inclement weather, the park concert featuring the " Rockin' Hollywood' scheduled for Wednesday, June 10 at the City Center Amphitheatre was rescheduled to next Wednesday, June 17. The concert will begin at the same time, 7:30 p.m., preceded by a 7:00 p.m. performance by the Plymouth Puppet Playhouse. 5. JUNE & JULY CALENDARS -- Meeting calendars for June and July are attached. - FOR YOUR INFORMATION.... 1. MR. AMSBAUGH - INQUIRY FROM COUNCILMEMBER VASILIOU -- During the Council meeting at which the matter of the "fox farni' was discussed, Mr. Amsbaugh raised questions with respect to how the City handled that specific item in relationship to his own conditional use permit for a dog kennel. Councilmember Vasiliou inquired as to the nature of Mr. Amsbaugh's inquiry with the City through Al Cottingham. Attached is a memo from Al Cottingham indicating the nature of his contacts with Mr. Amsbaugh. (I-1) 3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 CITY COUNCIL INFORMATIONAL MEMORANDUM June 11, 1987 Page two 2. PLYMOUTH METROLINK - MAY REPORT -- Shown below is a table displaying our average daily ridership for the commuter/reverse commuter, internal circulator and total system for each week of May. The second table displays the year to date averages in each service area compared with the target which we must achieve in order to have a successful project. MONTHLY PLYMOUTH METROLINK DAILY RIDERSHIP AVERAGES BY WEEK BY SERVICE TYPE MAY 1987 Total System SERVICE TYPE Commuter/ Internal Total TARGET 370 Reverse Commuter Circulator System WEEK OF: - 16% + .5% 5/1 321 27 348 5/4 - 5/8 365 37 402 5/11 - 5/15 355 41 396 5/18 - 5/22 346 38 384 5/26 - 5/29 360 34 394 ----------------- MONTH LONG ------------------ ------------- ---------------- AVERAGE 350 36 386 YEAR TO DATE Item Commuter/ Reverse Commuter Internal Circulator Total System YEAR TO DATE RIDERSHIP AVERAGE 387 47 434 TARGET 370 56 432 % OVER/(UNDER) TARGET + 4.6% - 16% + .5% CITY COUNCIL INFORMATIONAL MEMORANDUM June 11, 1987 Page three A number of observations are in order: 1. Internal circulator average ridership dropped in May to 36 passengers per day, as compared to the 49 passengers per day averaged last month. Ridership for the internal circulator should improve with the onset of summer vacation for Junior and senior high school students. 2. Ridership for the commuter/reverse commuter portion of the service also experienced a decrease in May, dropping from an average of 365 in April, to 350 persons per day for May. However, this is still above the 332 average posted in May, 1986. 3. In terms of our system -wide ridership target of 432 passengers per day, we are still above our goal by two at 434 passengers per day. Historically, ridership has decreased during the month of May, only to rebound in dune. DAILY RIDERSHIP AVERAGES BY MONTH FOR CALENDAR YEARS 1984 - 1987 SERVICE TYPE Commuter/ Internal Total Reverse Commuter Circulator System MONTH: 1984 1985 1986 1987 1984 1985 1986 1987 1984 1985 1986 1987 January 330 307 351 429 21 51 40 47 351 358 391 476 February 310 292 350 394 25 50 47 49 335 342 394 442 March 307 311 338 397 25 56 64 53 332 367 402 450 April 301 295 354 365 27 55 44 49 331 350 398 414 May 295 298 332 350 27 36 35 36 322 334 367 386 June 276 314 349 41 53 64 317 367 413 July 277 297 328 42 52 62 319 349 390 August 266 292 328 47 57 73 313 349 401 September 275 322 354 32 42 33 307 364 387 October 276 312 384 36 55 40 312 367 424 November 271 311 396 35 57 50 306 368 446 December ----------- 265 320 412 39 52 56 304 372 468 YEAR LONG ----------------------- ---------------------- ----------------------- AVERAGE 287 306 356 387 36 51 51 47 321 357 407 434 CITY COUNCIL INFORMATIONAL MEMORANDUM June 11, 1987 Page four 3. AMM 1987 ELECTED OFFICIALS SALARY SURVEY -- In accordance with ouncil direction during the 1987 budget cycle, I am providing a copy of the 1987 Elected Officials Salary Survey recently completed by the Association of Metropolitan Municipalities. (I-3) 4. SOLID WASTE TRANSFER FACILITY SITING PROCESS -- On June 11, Council - members Crain and Sisk, together with Frank Boyles, spent the morn- ing at the Hennepin County Government Center awaiting an opportunity to testify regarding Plymouth's preliminary designation as one of the solid waste transfer facilities. Other commitments made it necessary for Councilmembers Crain and Sisk to leave around noon. At 1:30 p.m., the Public Service Committee met. Attached is a copy of the comments delivered to the Committee by Frank Boyles on behalf of the Council. (I-4) 5. MINUTES: a. Planning Commission, May 27, 1987. (I -5a) 6. DEPARTMENT REPORTS -- The following departmental reports for the month of May are attached: a. Police Department (I -6a) b. Fire Department (I -6b) 7. SUMMARY OF 1987 LEGISLATION -- The Association of Metropolitan unicipalities has prepared the attached report which summarizes 1987 legislative acts and also items of legislative interest which did not pass. (I -7a) 8. ENVIRONMENTAL DEVELOPMENT STANDARDS & ENFORCEMENT -- As part of my performance standards established by the Council, I am to provide a monthly report to the Council during the construction season on the status of " complaints received with respect to concerns surrounding the various environmental development standards and their enforce- ment:' Attached is a status report from Sherm Goldberg dealing with environmental concerns in the various areas of construction within the City. (I-8) 9. DEVELOPMENT SIGNAGE -- On Friday, June 12, a development identifi- cation sign will be installed on property northwest of County Road 47 and I-494 for an application submitted by Harstad-Todd Construc- tion for a PUD Preliminary Plat/Plan and Conditional Use Permit for "Lake Camelot Estate' to replat 28 single family lots to 25 single family lots; to reduce the number of single family dwelling units from 189 to 186; and to increase the number of apartment units from 168 to 191, which increases the total number of dwelling units from 505 to 525. The Planning Commission will consider this application at a public hearing scheduled for June 24. CITY COUNCIL INFORMATIONAL MEMORANDUM June 11, 1987 Page five 10. REPORTS FROM HUMAN SERVICES AGENCIES -- To date, two human service agencies, West Suburban Mediatlon Center and West Hennepin Community Center, have provided reports on their programs and services provided to Plymouth residents. Copies of their reports are attached for the Council's information. As additional reports are received from the other agencies, they will be provided to the Council. All copies will be retained for reference during the 1988 budget cycle. (I-10) 11. AREA 7 TOWN MEETING - RESIDENT FEEDBACK FORMS -- Attached are copies of the resident feedback forms received at the June 8 Town Meeting. The Council will be provided with cpies of staff responses as they are completed. (I-11) 12. CONFERENCE/SEMINAR REPORT FORM -- City employees will begin completing the attached 'Confer nce/Seminar Report' form following attendance at a seminar or conference. The form and any associated seminar/conference educational materials will be retained within an employee's department for not less than 10 working days following the employee's return to afford other departmental employees an opportunity to review the materials if desired. In addition, a copy of the report will also be forwarded to the Administration Department for filing and future reference. (I-12) 13. CORRESPONDENCE: a. Letter from Dr. & Mrs. Roy Hoffman, Wayzata, to Mayor Schneider, stating objections to the plan under consideration by Hennepin County to locate a solid waste transfer station in Plymouth. (I -13a) b. Letter to Mr. Owen Warneke, 945 Zanzibar Lane, from Public Safety Director, regarding Mr. Warneke's request for the City to remove geese from properties in the Cimarron Ponds area. (I -13b) c. Letter of appreciation to Building Inspection personnel, from Dean Johnson, President, Dean R. Johnson Construction, Inc. (I -13c) d. Letter from James A. Edwards, Branch Manager, Coldwell Banker, Plymouth, to Mayor Schneider, advising that, in observance of Flag Day, June 14, Coldwell Banker staff will distribute and place American flags on some 100,000 lawns in the Twin Cities area. The Plymouth branch office will begin distributing the flags in areas of Plymouth on late Saturday evening, June 13 or early Sunday morning, June 14. (I -13d) e. Letter of appreciation from Jeff Sweet, President, of Union City Mission Board of Directors, to Blair Tremere and Milt Dale for their assistance and support in the organization's efforts to secure a Community Development Block Grant. (I -13e) CITY COUNCIL INFORMATIONAL MEMORANDUM June 11, 1987 Page six f. Letter to Katherine Turnbull, Planning Manager, Regional Transit Board, from John Anderson, City Administrator, Shakopee, commenting on the RTB's proposed fare policies and procedures. (I -13f) g. Letter from Dennis Hocks, 2955 E. Medicine Lake Blvd., to Councilmember Crain, concerning a proposed variance request for the construction of a garage on his property and the City's variance application fee. Mr. Hocks requests the application fee be reduced or eliminated for his application. (I -13g) h. Letter to Ray Anderson, Community Development Coordinator, from: Herbert & Audrey Myers, 20 Saratoga Lane; Anthony & Josephine Kilgore, 30 Saratoga Lane; David & Kathy Thomas, 49 Saratoga Lane; Scott & Cindy Anderson, 110 Saratoga Lane; and Mary Ann Kellar, 112 Saratoga Lane, urging the Planning Commission to recommend denial of a lot size variance application by Bruce Hertzenberg. The variance request is part of an application for a lot division for two single family residential lots on property at 115 Quaker Lane. (I -13h) James G. Willis City Manager JGW:jm attach M� W CN. r4 M-5+ cz 02 N c N CIA N� N N ^Oti � N N n n :14 O O N W Oo �-N a ..1 U z73 00 H N W U 3 ��2" W a P -4 a H F- 0� O 6 OM n 9 • O .-. 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O N O d Q M O m m O 0 0 2 a- _ �o� Nr,o OUOU UOU J U W �--r J U U w z C'3C`3O (7 V) ►i OV%Z ZD wCD O z LII CD ZD to N� ��� CoV)UU WO=�,OU �ZOdI-- C) ]�VnIU O �Or- N Ct r• a r v N O r., "t* In r ry WN T I MEMORANDUM DATE: JUNE 9, 1987 TO: BLAIR TREMERE, COMMUNITY DEVELOPMENT DIRECTOR FROM: AL COTTINGHAM, ASSOCIATE PLANNER 4/ SUBJECT: CONVERSATIONS WITH DEAN AMSBAUGH ON ONE OCCASION ABOUT TWO OR THREE MONTHS AGO DEAN AMSBAUGH CAME TO THE COUNTER TO SEE ME REGARDING THE CITY ORDINANCE REGARDING DOG KENNELS IN THE FRD (FUTURE RESTRICTED DEVELOPMENT) DISTRICT. I INFORMED MR. AMSBAUGH THAT DOG KENNELS WERE ONLY ALLOWED AS A CONDITIONAL USE PERMIT. HE INQUIRED IF HIS NEIGHBORS WHO WERE RAISING FOXES WOULD NEED TO COMPLY WITH THIS. I INFORMED HIM THAT THE ORDINANCE REFERENCED THE KEEPING OF DOGS AND NOT FOXES BUT THAT THE KEEPING OF FOXES MIGHT BE A VIOLATION OF THE CITY CODE DEALING WITH WILD ANIMALS. I TOLD MR. AMSBAUGH THAT I WOULD PASS A COMPLAINT TO OUR ADMINISTRATION DEPARTMENT SINCE I DID NOT DEAL WITH VIOLATIONS TO THE CITY CODE. WITH THIS MR. AMSBAUGH THANKED ME FOR MY ASSISTANCE AND LEFT. I THEN PASSED THE INFORMATION ONTO FRANK BOYLES, ASSISTANT CITY MANAGER. LATER ON MR. AMSBAUGH CALLED ME REGARDING THE STATUS OF HIS COMPLAINT. I INFORMED HIM ONCE AGAIN THAT THIS WAS HANDLED BY THE ADMINISTRATION DEPARTMENT AND THAT HE SHOULD CONTACT FRANK BOYLES. THAT IS THE ONLY CONTACT THAT I HAD WITH MR. AMSBAUGH ON THIS SUBJECT. I UNDERSTAND THE PUBLIC SAFETY DEPARTMENT INVESTIGATED THE COMPLAINT ABOUT THE FOX OPERATION. OWN 000 � ► •0 L Na)D o E E C t0 0 0. 0 �4 41 w 0 C 0 R1 rl U 0 to UJ 6 d V W 0. E 0 U co o� -3 i=3 tri n O O O O O O O O O O O O O O O O O O 0. w O O O O O O O 0 O O 0 O O O N O O O x m v v v v v • -i m O w w m O 0 0 v v' �r CO Z: -4 , -j N C7 N N N N N (T1 -+ -i C7 (') t'l r N N - U U} z U 0. 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H ¢ •� 0 w •+ ro s a, 3 0. G ro m tr •1 > +; b a) a! +) 7. H rl { 0) m t, -4 to al m a! •1 (a +) �4 LO U (D f-+ m -4�. c t1. > s to :3w H> m a �+ �. > b C m a, ri 0 a, --i H z 0 X E C +-) .Y al a) C +-) b m A .X L, +) � F O b 0 m a, m 0. > .x 7 i, -V E .0 m 0 •� m 0 H E c C .0 V ro 0 c m 0 0 m m 0 .c a a•-) a) 0 U ¢ ¢ U w x x H -1 r. z 0 tX ix to to to 3 3 6 w O O � C7 H m -i L" O o 0 r) M O N m N N m N O Il- N -i C7 v N N v w a v m ro Ix w z ri iJ QI a � U N m O w Is. 0 O O 0 O O c0 O N t" O m N O v m >• .-r 0 C H x i fn 3 6 a 0 •ri a J H c, m x 0 U N E H G 3 3 A Z •,i QI J co V N O O ¢ m O O m w O � z z w ¢ z H z o w a 000 N 0 0 O W O N M O ¢ >- m vi a� w O O O 0 O >. t0 O N N O X m O N M 0 a m a U) J O O m O ¢ t- O N m O D c0 N N z m 6 x w O O � C7 H m -i L" O F z w r) i- N E O m N N M F N m N -i C7 v N N v w a v m ro Ix w '•i ri iJ QI a � O N m co J m H .-1 U az w O O � z w M m -i L" O O 0. O w r) i- N H U s iri t ri F N m N -i ¢ v N N v J O v m ro r-1 '•i ri iJ QI 0. E- � O N m O w w a -1 a, a) +J EO 0 F ro +J 0 C H x i fn 3 a 0 •ri a +d H c, m x 0 U C E H G 3 3 A Z •,i QI al H 0 0 0 0 LO c0 0 O m O O O O O N 0 0 N m In d' () 11 r) O O O O N O O O O O N w m N -i t s iri t ri O O O O O 0 v O o O d' 0 m N t s iri t ri 0 0 N 0 N 0 O O t- O d' N m N N I O O O O N O O O O n t� O N N I s n t-� N N N N N -4 -, 0 m m 0 m r- -4 c0 N �D Ul N O N m m TV N N I D1 ro ro J CL a. �4 v v m ro r-1 '•i ri iJ QI Dl � O N m w a -1 a, a) +J EO •-i 0 41 0 C a a u] fn 3 COMMENTS BY DEPUTY MAYOR DAVID CRAIN TO THE PUBLIC SERVICE COMMITTEE OF THE HENNEPIN COUNTY BOARD OF COMMISSIONERS June 11, 1987 I. The City of Plymouth has taken the position that we wish to be responsible County citizens. A. This is demonstrated by the fact that Plymouth is the site of numerous County facilties or facilities providing County functions including: 1. Hennepin County Adult Correction Facility - This is the only such facility in the County and because of its nature and proximity to residential areas has been the subject of many community meetings and City/County discussions. 2. Facilities such as the former Pioneer House and Home Free Shelter also call Plymouth home for treatment of individuals with chemical use problems and victims of Intra -family abuse. 3. Plymouth hosts two suburban Hennepin County parks, including the Park Headquarters. 4. The City is home for a number of decentralized residential care facilities and is being considered by others. B. While we desire to remain responsible, Plymouth residents and the City Council question what burden a single community must bear on behalf of County residents. Some communities in our County carry no burden whatsoever from a County perspective and should be given more thorough consideration by the County. C. A second issue of equity has to do with the process by which this site in Plymouth has been selected and how it contrasts with the process used in selecting other sites. The other sites were selected afater allowing substantial opportunity for public input. This site is being designated following a very short time table with essentially no opportunity for the public to comment. D. The final equity question is the fact that one site (the Hopkins site) has already been dismissed from further consideration of the basis of its proximity to a food warehousing operation. The fact of the matter is that the proposed Plymouth site is immediately adjacent to a food warehousing and distribution center operated by Log House Foods. This fact should be given consideration with respect to the Plymouth site. Page -wo —=- II. If the County does not believe it appropriate to more equitably spread the County burden to other communities, and desires to continue with accelerated consideration of the Plymouth I-494 - County Road 6 site, there are specific concerns which members of the Council and community have, and which need to be addressed. We would expect the County to thoroughly investigate and respond to each. A. First and foremost, we are concerned about possible adverse affects to the City's groundwater supply. 1. The City's main wellfield which will ultimately consist of fourteen wells, lies in immediate proximity to the proposed site. 2. The City Council has previously enlisted the services of a hydrologist who's findings indicate that the re -charge area of the City's wellfield extend into this area. Moreover, the cone of depression caused by the pumping of water of the aquifer also includes this area. In other words, when pumps are in operation, any spill into the aquifer may be drawn into the City's water system by the action of the wells. 3. The County must thoroughly investigate the potential for groundwater contamination to determine what steps, if any, must be taken to eliminate any threat whatsoever to the City's ground water system. 4. While the Council has already taken the steps to develop a second decentralized wellfield, the bulk of our water will continue to be drawn from the primary wellfield. B. Traffic Access/Roadway Maintenance and Construction 1. County estimates suggest that 320 trips a day will be made to and from this site by 5 -to -6 ton garbage packer vehicles and larger transfer vehicles. To this number must be added trips of residents or businesses using the site or employees working at the site. 2. Continuing development in our community has created capacity problems for County Road 6. 3. County Road 6 congestion has been felt on other area road- ways once residents seek to use alternative routes to accomplish their transportation objectives with the least amount of congestion. 4. Prior to the City becoming aware of its status as a candidate for the transfer facility, a study was conducted In connection with our Tax Increment Financing District to determine the need for roadways improvements in this Page Lhree area. The finding of the traffic engineer was that there Is a distinct lack of capacity on County Road 6, County Road 61 north of County Road 6 to Highway 55, and that there was a distinct need for the construction of an interchange at I-494 and County Road 6. 5. The County Road 6 - I-494 interchange project, to be funded in part through tax increments financing is not scheduled for construction before 1989. Additional funding sources have not yet been identified. 6. If a Hennepin County Facility is to be located at this site decisions must be made with respect to the timing of the construction of an interchange at I-494 and County Road 6 as well as the expansion of roadway capacity on County Road 6 and County Road 61 north of 6 to Highway 55. C. Site Management Issues - Noise, Odor, Hours and Days of Operation, Oversite and Fire/Public Safety Issues. 1. The introduction of a solid waste transfer facility Introduces a host of issues because of the nature of the operation. 2. The 320 packer trucks and solid waste transfer vehicles daily will may create noise problems in adjacent residential areas. We will expect that the County will Identify potential noise impacts especially in residential areas. 3. We would expect that the County will fully mitigate and eliminate any odor problems associated with operation of the site. The standard operating procedures for the site should require total and complete removal of solid waste daily and not allow for overnight and weekend storage of solid waste on the site whatsoever. 4. Days and hours of operation are another issue requiring attention. Current City Code provides that between the hours of 10:00 p.m. and 7:00 a.m., noise is prohibited that disturbs the peace, quiet and solitude of residences or businesses in the community. Accordingly, refuse collectors in Plymouth are limited to hours of collection after 7:00 a.m. This facility would be subject to the same conditions. 5. A solid waste transfer facility would require continuous County oversight to assure that City requirements are complied with. The City and its residents would expect that the County would perform this function aggressively and on a continuing basis. 6. Included in this charge would be costs incurred by the City's Public Safety Department, that is police and fire, Page Four —= to train firefighters and police officers in dealing with the unique public safety issues which naturally arise with the existence of a solid waste transfer facility,especially one containing other sorts of household wastes. 7. The City Council and residents of the community are justifiably concerned about mitigating any impact which such a facility might have upon our community's environment. Consequently, we would expect the County to undertake an Environmental Assessment Worksheet (EWA), to identify environmental impacts. The EAW could raise questions or concerns which may require the preparation of an Environmental Impact Statement (EIS). II. I want to emphasize that Plymouth, and it's residents, are responsible and concerned County citizens. Accordingly, we are willing to work with the County, with the assurance that our concerns will be dealt with in a sensitive and responsive manner. As you are aware of the site under consideration, is zoned for industrial use and would require a conditional use permit. Conditional use permits require the review and public hearing by the City's Planning Commission and ultimate approval by the City Council. While we desire to cooperate with the County Board, we must be reasonably assured that a solid waste transfer facility will be evaluated sensitively. CITY OF PLYMOUTH PLANNING COMMISSION MINUTES MAY 27, 1987 The Regular Meeting of the Plymouth Planning Commission was called to order at 7:30 P.M. MEMBERS PRESENT: Chairman Steigerwald. Commissioners Stulberg, Plufka, Marofsky and Pauba Commissioner Zylla arrived at 9:10 P.M. MEMBERS ABSENT: Commissioner Wire STAFF PRESENT: Planning Director Blair Tremere City Engineer Sherm Goldberg Planning Secretary Grace Wineman Community Development Coordinator Ray Anderson Chairman Steigerwald introduced and welcomed Commissioner Larry Marofsky who is replacing Commissioner Mellen. Director Tremere gave the Oath of Office, swearing in Commissioner Marofsky. Director Tremere introduced a new member of the City staff, Community Development Coordinator Ray Anderson. *CONSENT AGENDA MOTION by Commissioner Plufka, seconded by Commissioner Pauba to approve the Consent Agenda Item No. 5-A. Vote. 5 Ayes. Motion carried. *MINUTES The following are corrections to the May 13, 1987 Minutes: 1. Commissioner Zylla reported that the statement in the first paragraph of Page 106 was not his. Chairman Steigerwald made the statement and the following is that correction: "Chairman Steigerwald felt that if the City Council deemed this a priority concern -- the Commission should study it; and, that a special committee was not necessary." The record will be cor- rected as noted. 2. Commissioner Stulberg reported his was not the Nay vote on page 105. The voice vote was to recommend approval for the PUD Sign Plan Amendment and Variance submitted by Trammell Crow Company (87034). The record will be corrected as noted. -107- MOTION TO APPROVE CONSENT AGENDA VOTE - MOTION CARRIED Page 108 Planning Commission Minutes May 27, 1987 3. Page 88, Commissioner Wire, not Commissioner Zylla, re- quested that Item No. 5-B be removed from the Consent Agenda for discussion. The record will be corrected as noted. MOTION by Commissioner Plufka, seconded by Commissioner Pauba to approve the Minutes as corrected. Vote. 4 Ayes. Commissioner Marofsky abstained. PUBLIC HEARINGS Chairman Steigerwald introduced the request by Quality Homes. An overview of the May 15, 1987 Planning Staff Report was provided by Director Tremere. Chairman Steigerwald introduced Mr. Del Wischmann, Quality Homes, who stated he had read the staff report and had no questions or comments. Chairman Steigerwald opened the Public Hearing. Mr. Michael Langfitt, 10705 45th Avenue North, inquired about the timetable for construction; if there were plans to accommodate the increased traffic during the construction of New County Road 9; and, if a new entrance will be opened into Sagamore? Mr. Wischmann stated that at this time they propose to construct the building in the next nine months, and have it occupied within the year. Engineer Goldberg confirmed there would be no access to County Road 9. Director Tremere explained that future County Road 9, now under construction, was known to the City during the approval process for the phased development of Sagamore condominiums. The traffic is generated from the immediate area and there are no through -traffic problems. Mr. Langfitt lives adjacent to the development and at night headlight glare from the road spills onto his property. Chairman Steigerwald confirmed that this developer would not be required to make any changes to his site. Mr. Langfitt inquired about plans for keeping a safe construction site and making sure that construction refuse is removed. He stated specifically, that debris remains on Lot 10 that could lead to pest control problems and be a danger to neighborhood children. Chairman Steigerwald explained the Ordinance regulations for financial guarantees and Development Contracts made with the City that assure construction sites will be maintained in a safe and sanitary manner. Director Tremere assured Mr. Langfitt that his concerns about debris are being heard this evening by the appropriate staff members as well as by the developer of the property. Chairman Steigerwald closed the Public Hearing. -2:�-, EC.`/ MOTION TO APPROVE THE MAY 13, 1987 MINUTES/VOTE MOTION CARRIED QUALITY HOMES REAFFIRMATION OF APPROVED SITE PLAN CONDITIONAL USE PERMIT AND VARIANCE (87037) Page 109 Planning Commission Minutes May 27, 1987 MOTION by Commissioner Stulberg, seconded by Chairman NOTION TO APPROVE Steigerwald to recommend approval for the reaffirmation of the approved Site Plan, Conditional Use Permit, and Variance for Sagamore 8 for Quality Homes, subject to the conditions as listed in the May 15, 1987 staff report. Commissioner Marofsky inquired about bonding for landscaping and specifically that, adequate parking area is committed for future buildings. Director Tremere stated the other buildings have had cross easements and that Buildings 9 and 10 must be able to support themselves. Commissioner Marofsky stated an agreement should be drawn that with construction, parking and drives shall be installed; and, that this would be binding on the owner even if the owner- ship should change. MOTION by Commissioner Marofsky, seconded by Chairman NOTION TO AMEND Steigerwald to Amend the Main Motion to require appropriate legal easement agreements for the benefit of Lot 9 to assure completion of the parking and drivinq areas, particularly on Lot 10. Roll Call Vote on the Amendment. 5 Ayes. MOTION carried. VOTE - NOTION CARRIED Roll Call Vote on the Main Motion as once Amended. 5 Ayes. MOTION carried. Chairman Steigerwald introduced the request by David Peterson, Hew-Lyn/FCG Development. He asked Director Tremere to provide an overview of the May 15, 1987 staff report and to point out the direction given to the developer and the developer's response to that direction. He explain- ed that the Concept Plan had been reviewed at the Public Hearing held on April 8, 1987, and that the property owners have been re -noticed for this public informational hearing. Director Tremere explained the major roadways to be upgraded and those to be newly constructed per the City's Thorough- fare Guide Plan. Chairman Steigerwald inquired about Mr. Tremere's meeting with the Homeowner's Association. Director Tremere stated he met with the Harrison Hills Town - home Association; the Homeowner's Association for Harrison Hills 2nd Addition, to his knowledge, has yet to be formalized. Chairman Steigerwald inquired about Item 1-E., open space and distribution of density. Director Tremere suggested that the petitioner comment on the private open space for the residents' use. Commissioner Pauba asked that the other items which address access to the future townhomes, and the steps to establish a viable Homeowner's Association also be discussed. VOTE - NOTION CARRIED DAVID PETERSON HEW-LYN/FGC DEVELOP- MENT, NPUD CONCEPT PLAN (87007) Page 110 Planning Commission Minutes May 27, 1987 Chairman Steigerwald introduced Mr. Greg Frank, McCombs - Knutson Association. Mr. Frank explained the open space and amenities provided. He pointed out the wetlands and the preservation and conservation of the Bass Creek area; the private open space; the City owned park; the three tot lots to be maintained by the Homeowners Association; and, the Regional Park and trail system. He stated that the single family units are oriented to the park. The plans conserve the topography and natural vegetation. The traffic patterns are improved by the changes made in the roadway system. He pointed out the commercial area with one access to County Road 10 and that there would be no through traffic from the single family residential development to the south and west. He further explained that the townhomes would access from the cul-de-sac. Mr. Frank stated that Mr. Peterson would address the forming of the Homeowner Association for Harrison Hills 2nd Addition. Mr. Frank said consideration was given to accessing the north undeveloped phase of Har- rison Hills from the east via the north part of this devel- opment, in lieu of the access from 56th Avenue North as originally approved. Mr. David Peterson, Hew-Lyn/FCG Development, stated the legal documents are being drawn; work has stopped on the amenities; and, in the next two to three weeks he would turn the development over to the Homeowner Association. Mr. Robert Langford, Tennant Company, stated concern about future intersections onto County Road 10. Chairman Steigerwald explained that detailed plans will be reviewed at the Preliminary Plat stage for this development; and, assurance must be gained from Hennepin County as to the specific location for placing this intersection. Director Tremere confirmed that the County will need to review the preliminary plat application before they can respond; discussions can then take place with Mr. Langford and Mr. Peterson. Mr. Langford stated that Tennant Co. was interested in working with the City to get the best access design possible. Brian Virgin, 5560 Ximines Lane, stated Mr. Peterson did call on the homeowners and met with ten people to discuss the concerns expressed by the property owners at the meeting in April. They are very happy with the plans. He question- ed whether 55th Avenue will continue to the east; will the north/south street connect to 53rd Avenue; and, will 53rd Avenue be extended to the east? Director Tremere and Engineer Goldberg confirmed that this would be doubtful be- cause of problems with poor soils on the east side. Mr. Virgin stated this may place too much traffic on 55th Avenue and he would like to see changes made in the traffic patterns. He stated that plans for berming, seem vague as to specifications. Chairman Steigerwald and Commissioner Plufka explained that detailed plans will be reviewed at the � 5a, Page 111 Planning Commission Minutes May 27, 1987 preliminary plat stage of development; that a public hearing will be held, and at that time, Mr. Virgin could comment on those plans. Mr. Virgin stated the density is still a concern; does there need to be that many units in the apartment building? He stated he is concerned about the "walkway", that people from the apartments would use the trail that another Homeowner Association will be required to maintain. Mr. Paul Franke, 5525 Yorktown Lane, inquired if there were a technique that could be established so that the new property owners can be informed about the site improvements for this development (especially in regard to the walks, trails, and proposed amenities), so that one would not have to look through City contracts and files? Chairman Steigerwald stated the City can help up to a cer- tain point, but it is also the responsibility of the buyer to secure information that will benefit him in his decision to buy property. Director Tremere stated at one time the City considered requiring the developers/builders to provide brochures and information with purchase agreements, but the Council did not require it. Realtors may not be knowledge- able although there is information the buyer should have prior to closing. Recently the City Council discussed hav- ing the the developer erect signs at the project showing the plat and the street systems. There is a question on how the City could enforce such informational requirements Mr. Franke stated many residents were shocked when they found out about the trails, they thought these were nature preserves and would get little use; now the trail is "open to everyone". Chairman Steigerwald stated it comes down to the responsibility of the buyer to look at overall community plans. Mr. Franke disagreed stating this is not practical in many cases. Commissioner Plufka concurred with Director Tremere concerning the City's enforcement of informational requirements for developers and builders. Mr. Franke inquired if this development will have its own Homeowners Association? Mr. Peterson stated it can have its own but has the option to combine Associations. The play areas are available to those on the west side and the trails tie the neighborhoods together. Mr. Glenn Olander-Quamme, 10750 55th Place North, stated he appreciated Mr. Peterson's statements about the legal docu- ments being prepared for the formalization of the Homeowners Association, as being without an association has handicapped this neighborhood. He complimented Mr. Peterson's response to the homeowners' concerns. He is also concerned about the density and inquired why the City would pressure the petitioner to plan additional units? Do we need this density? ��w Page 112 Planning Commission Minutes May 27, 1987 Commissioner Pauba and Chairman Steigerwald explained the City's Land Use Guide Plan and the highest and best use of the land within these classifications. Director Tremere explained the need to formally amend the Land Use Guide Plan when a concept development plan seeks to change the land use classification of that property. Mr. Olander-Quamme inquired about the density for this development. Director Tremere explained this would be taken into consideration at the preliminary plat review and there could be changes to the site design. The density proposed is within and at the lower end of the LA -2 and LA -3 guidelines. Mr. Olander-Quamme inquired about the apartment building which looks to be larger than most being constructed; and, he asked about height limitations. Chairman Steigerwald confirmed this would be further reviewed at the preliminary plan/plat stage of development. Director Tremere explained the Ordinance standards and PUD design criteria. Chairman Steigerwald closed the Public Hearing. MOTION by Commissioner Pauba, seconded by Commissioner NOTION TO APPROVE Stulberg to recommend approval for the Mixed Planned Unit Development Concept Plan for David Peterson, Hew-Lyn/FGC Development, subject to the conditions as listed in the May 15, 1987 staff report. MOTION by Commissioner Plufka, seconded by Commissioner NOTION TO AMEND Pauba to Amend the Main Motion to change Condition No. 4 to read: The preliminary plat/plan application shall include detailed explanation of any requests for reduced side yard setbacks; and, for lot coverage greater than 20%. No such lot size or coverage variances are granted or implied." Roll Call Vote on Amendment. 5 Ayes. MOTION carried. VOTE - MOTION CARRIED Commissioner Plufka and Commissioner Pauba requested that there be assurance that the townhomes to the west in Harrison Hills will be served by the northerly east/west road in this development; and, not from 56th Avenue North as approved with the Harrison Hills PUD. Director Tremere stated it was not appropriate to make that a required part of this development proposal; he explained there may be topographical problems in this area, but the developer could seek an amendment to the Harrison Hills RPUD to change the access as suggested. MOTION by Chairman Steigerwald, seconded by Commissioner NOTION TO AMEND Marofsky to Amend the Main Motion by adding Condition No. 10 as follows: The City and the petitioner shall work with the County and Tennant Company to discuss and determine the access to and intersections with County Road 10 during review of the preliminary plat. Page 113 Planning Commission Minutes May 27, 1987 Roll Call Vote on Amendment. 5 Ayes. MOTION carried. Roll Call Vote on Main Motion as twice Amended. 5 Ayes. MOTION carried. Chairman Steigerwald called a recess at 8:50 P.M. Chairman Steigerwald introduced the request by Alexander Ritter, Zachary Development Corporation. An overview of the May 15, 1987 staff report was provided by Director Tremere, who introduced the graphic showing the intersection of Pine - view Lane and County Road 61, noting that the road right-of- way creating the "triangle" will be vacated. Chairman Steigerwald introduced Mr. Alexander Ritter, Zachary Development Corporation, who gave the history of the development and explained the unique configuration of this property which has changed even since they purchased the land. This has been caused by City plans for the realign- ment of Pineview Lane and County Road 61/Northwest Blvd. Easements for the roadways have been given to the City by Prudential Insurance Company. This has posed serious plan- ning and design problems for the development of this land. When putting together their proposal they reviewed the adjacent properties in terms of land use guiding; and, took into consideration the roads, topography, and natural wooded areas which led them to the conclusion that a Planned Unit Development was appropriate. Mr. Ritter explained that 6.2 acres of the 29.1 acres are committed for public use (21% of the total). He further explained the lot size and layout for the single family units in that a PUD allows different lot sizes to assure the retention of trees and natural vegetation. He explained their open space commitment makes the larger lot sizes feasible. He explained there had been a miscalculation re- garding open space for the multi -family units and this will be corrected. They believe they meet the intent of the Ordinance regarding open space. Mr. Ritter discussed the density, noting it is slightly under the units per acre allowed, but is within a reasonable range. They had not perceived the need to amend the Land Use Guide Plan for the density when the application was submitted. Further discussion ensued regarding the guide plan classifi- cations for LA -1, 2, and 3. Commissioner Plufka commented there seems to be an inconsistency on the lots east of pro- posed County Road 61 in that they are smaller than the standard lot size in the LA -1 (R -1A) classification. Mr. Ritter explained that the lot size differential is due to the hardship caused by the change in road alignment; and, this is why the PUD was proposed even though the land area is under 40 acres. SG -- VOTE - MOTION CARRIED VOTE - MOTION CARRIED RECESS ALEXANDER RITTER ZACHARY DEVELOPMENT CORPORATION PUD CONCEPT PLAN, PRELIMINARY PLAN/PLAT REZONING AND CONDITIONAL USE PERMIT (87042) Page 114 Planning Commission Minutes May 27, 1987 Chairman Steigerwald stated he is uncomfortable with the plan as a PUD without more adequate open space for the development, especially on the east side. Rick Sathre, Sathre-Bergquist, stated that, of the total PUD, there are 12.6 acres of public and private open space. He reiterated that the percentage of land taken by roadway easement does not benefit the property and seriously impacts the planning for the property. He explained the slight transfer of density (in LA -1, three lots are proposed; in the LA -2 triangle 32 dwelling units would be allowed, they are proposing 22; and, in the multi -family LA -3, 52 units would be allowed, they are proposing 60 units). He noted that the lot sizes are larger than required by a small per- centage. He stated that County Road 61 is a barrier but it is not fair to regard this as a reason to require additional open space on the east side. Chairman Steigerwald does not believe it can be argued that this plan shows anything better than what the Ordinance would require of a conventional development; there are no open space amenities proposed for 22 property owners. Mr. Sathre noted that the Westminster neighborhood had no park and nowhere those people could go for a public park. In the case of Heritage Ridge, the Planning Commission and City Council were very concerned about people crossing County Road 61 to get to a public park. Chairman Steigerwald noted there is no area for active recreation such as a ball park. Mr. Sathre and Mr. Ritter commented that the area includes the wooded hillside, a picnic area, and walking area. They explained there is no flat ground for a ball field. Commissioner Plufka stated that the east side of the development makes the argument for lower density because of the "land -locked" sense of the area; however, on the west side with the 60 multiple family dwellings, there is limited space for any activity. Discussion ensued regarding the question of Planned Unit Development status. Director Tremere explained the PUD Plan versus conventional platting. For example, the PUD flexi- bility could provide cluster housing on the east side to gain open space. The Ordinance does not mandate the design of the project if PUD status is assigned. Mr. Sathre explained the unique site characteristics that provide passive rather than active open space; that the demographics for people living here show they won't be look- ing for ball fields, as this plan is aesthetically pleasing to the "empty nester" market. They are protecting the wood- lands by running the roadways in a curvilinear style. If the property were zoned R-2 they would achieve the same Page 115 Planning Commission Minutes May 27, 1987 number of lots' however, they would be laid out in a grid - like manner which would destroy the terrain and they would remove most of the trees. Mr. Ritter stated that Plymouth has a good park and trail system, and as far as open space for these 22 lots, the families' children will play in the yards and in the parks. Chairman Steigerwald reiterated the five criteria for a Planned Unit Development. We said the petitioner elected to develop a site with constraints on it. It is hard to see how the proposed plan enhances the site. Mr. Ritter stated they planned for the total piece of property; the retention of trees and unique topography was a prime consideration and they do not see that the open space should be a concern. Commissioner Stulberg noted that the creation of open space and the retention of natural terrain are the reasons for PUD status. Mr. Sathre asked why every lot and block would need to meet the PUD criteria? Commissioner Stulberg stated it would not be needed in every block, however, this plan has 22 lots with no open space. Commissioner Marofsky stated that because County Road 61 is a major division, it is necessary to treat the property as two separate areas; and, it is necessary to look at the attributes on both sides. Many of the trees to be retained will be on private property. He does not believe this plan meets the PUD standards of the Zoning Ordinance. Commissioner Plufka stated that if this plan showed single family development to the west and multiple family to the east, residents would not be in favor of the plan. In re- viewing the attributes, there is problems with the common open space, but the plan does preserve the site characteris- tics. The question is where, and what type of common public uses can be provided for the residents. Commissioner Pauba stated he prefers the plan as proposed because it is consistent with the development of property around it. Chairman Steigerwald opened the Public Hearing. Barry Lazzeroni, 5905 Oakview Lane, lives on the east side of the proposed development and would like to keep all the trees. He enjoys his view of the natural terrain. He agrees with the Chairman that there should be open space for "kids to play". Pineview Lane is a dangerous route for children to take. He would like to see the density reduced on the east side. Rick Breezee, 5815 Oakview Lane, stated his property abuts Pineview Lane on the east side. He would prefer no develop- ment, but he definitely wants single family residential development to occur. He inquired about a stop light at ZS�- Page 116 Planning Commission Minutes May 27, 1987 Pineview and County 61? He would like to see larger lots and would not favor cluster housing. He inquired about storm sewer maintenance. Engineer Goldberg stated there eventually will be a stop light installed; and, until it is required, a two-way or four-way stop would be used. Chairman Steigerwald explained the density as regulated by the City's Land Use Guide Plan; that this PUD concept plan has a mix of uses that determines the density. A certain number of dwellings are anticipated in these areas and the plans are reviewed under the present Ordinance standards. Mr. Breezee stated that this site has many trees and severe terrain which should control and limit the density. He in- quired about the City's park dedication fee, and if the development is paying these fees why can't a park be developed sooner? Engineer Goldberg responded that the park is being graded this summer. Rick Sathre explained the storm drainage plan. Gayl Stangel, 5735 Rosewood Lane, lives south of the east side of the proposed development and inquired about the access for the townhomes. Chairman Steigerwald explained the need to keep the access away from the main inter- section. Ms. Stangel stated the trees and terrain should be retained and she prefers having the single family units on the east side. Nancy Stevens, 5725 Rosewood Lane, stated she was informed that the park on Pineview is not scheduled for completion until 1990 and is contingent upon development in the area. She is concerned about density and noted that the single family units on the east would be the most desired. The townhomes on the west side would be desirable, if they are nice. She inquired about the LA -3 guiding. Density guide- lines were discussed. Steve McNattin, 12625 58th Avenue North, lives at the inter- section of Pineview Lane and 58th Avenue North and would be against increasing the density. He stated that Pineview Lane carries alot of traffic and is dangerous for children on bikes and skateboards. He inquired about changes to Pineview Lane? Rick Sathre showed the graphic with Pineview Lane and Chairman Steigerwald explained the limited access to the County Road. James Crawford, 12980 57th Avenue North, agrees with the concept of single family on the east side as it is more consistent with other development in the area. He stated they have common ground in Bass Lake Heights and it is unuseable. He would rather see large homes with no common Page 117 Planning Commission Minutes May 27, 1987 area, than to see cluster homes where the open space is not useable. They want to maintain the value of the property in this area. He inquired about the value of the townhomes. Chairman Steigerwald explained that the developer is not re- quired to provide this information. Mr. Ritter explained the units for "empty nesters" would tentatively be valued from $120 to $150,000. Mr. Crawford stated he would encourage the retention of trees and natural terrain. Richard Hassel, Long Lake, MN, representing the petitioner, stated he has looked at the established neighborhoods and has talked with Prudential, who had the impression that, since they had given the City property, the City would "co- operate" with the development plans for this land, especial- ly considering the triangular portion of this property. He requests that this development plan be given support by the Commission and the City. Bill Jacobsen, 5710 Quinwood Lane, wants to see the preser- vation of the trees and is concerned that if they are on private property, they could be cut down. Chairman Steigerwald explained that the developer is making the com- mitment to retain trees, but once the lots are sold, the trees on the privately owned lots and in the area maintained by the Homeowners Association could be removed at their discretion. Chairman Steigerwald closed the Public Hearing. Commissioner Zylla inquired if there would be a Homeowners Association for the 22 lots? Mr. Ritter stated there would be no reason to have an association as the lots will be individually owned. Further discussion ensued regarding requirements for open space. MOTION by Commissioner Plufka, seconded by Commissioner MOTION TO APPROVE Pauba to recommend approval for the Planned Unit Development Concept Plan for Alexander Ritter, Zachary Development Corp- oration, on the basis that the plan meets the PUD criteria. Chairman Steigerwald stated this would entail an amendment to the Land Use Guide Plan of the City's Comprehensive Plan. He finds that the PUD Criteria are not met. Commis- sioner Plufka disagreed, stating that the petitioner has made good points with the development plan, specifically that to develop conventionally would produce a grid which would be a more intense use with no flexibility of design. Their plan would not cause the property to be less useable; Page 118 Planning Commission Minutes May 27, 1987 the positive features outweigh a debatable point; and, the Ordinance gives this option to the Commission. There have been developers who have misused the PUD by increasing density and carving out very small lots. Commissioner Zylla stated he is sympathetic to the developer because of the significant amount of public dedication; how- ever, everyone has to live with this in developing communi- ties and there is concern about the open space especially on the east side. He would not discourage single family unit development and would hope that the developer will retain the natural features on the property. However, an outlot should be set aside for open space. In comparing the Har- rison Hills development plan and the open space provided for their residents; he could not support the Motion to approve this development plan until some direction is given for additional useable open space on the east side of County Road 61. Commissioner Plufka noted that a Homeowners Assocation may not maintain one lot because there would be no specified use for the property and it could turn out to be just a "vacant lot". Commissioner Marofsky stated that with this natural barrier and isolation; with 22 lots at 12,000 sq. ft.; and, two acres of woods where not much work or maintenance would be involved; there are ways to comply with the PUD design criteria. Rick Sathre stated that the open space is provided west of County Road 61 and satisfies the intent of the Ordinance. Kids will play in the back yards of the 12,000 sq. ft. lots. Commissioner Stulberg stated the Concept Plan does not meet the PUD attributes, especially open space. Roll Call Vote. Chairman Steigerwald, Commissioners VOTE - MOTION FAILS Stulberg, Zylla, and Marofsky, Nay. 2 Ayes. MOTION fails. MOTION by Commissioner Marofsky, seconded by Chairman NOTION TO DEFER Steigerwald to defer action on the PUD Concept Plan, with direction for redesign, specifically to provide private common open space on the east side of County Road 61 and to provide a design that is responsive to the Ordinance PUD Criteria. Roll Call Vote. Commissioners Plufka and Pauba, Nay. 4 VOTE - NOTION CARRIED Ayes. MOTION carried. There was further discussion regarding the Land Use Guide Plan classifications. Mr. Ritter stated he would review the property as a whole under the LA -1 and LA -2 guiding. He feels this development plan has merit and the land area has Page 119 Planning Commission Minutes May 27, 1987 legitimate problems. Chairman Steigerwald agreed that this re-evaluation would be appropriate. Mr. Ritter stated the Planned Unit Development Concept makes sense, especially to retain unique site characteristics including topography and vegetation. Director Tremere stated City staff will work with the petitioner and assist in resolving the concerns discussed tonight. Mr. Ritter noted they have a good relationship with the City of Plymouth which they want to maintain; but, they also must have a viable project. NEN BUSINESS MOTION by Commissioner Plufka, seconded by Commissioner Pauba to approve the request by Willys Holmquist for Venture V, subject to the conditions listed in the May 15, 1987 staff report. VOTE. 5 Ayes. MOTION carried. OLD BUSINESS Chairman Steigerwald introduced the request by Opus Corpor- ation, reading of the April 29, 1987 staff report was waived. Chairman Steigerwald introduced Mark Smith, Tires Plus, 318 Cedar Ave. So., who is representing the application. He was accompanied by a representative from Opus Corporation. Mr. Smith had reviewed the staff report and had no questions or comments. #NILLYS HOLMQUIST VENTURE V LOT CONSOLIDATION/ DIVISION, SITE PLANS (87047/ 87048) MOTION TO APPROVE VOTE - NOTION CARRIED OPUS CORPORATION SIGN VARIANCE/AMEND- MENT TO APPROVE SIGN (86128) MOTION by Commissioner Pauba, seconded by Commissioner NOTION TO APPROVE Plufka to recommend approval for the Sign Variance/Amendment to the approved sign at the southwest corner of Fernbrook Lane and Highway 55 in the Circle Star Business Center, subject to the conditions listed in the April 29, 1987 staff report. Commissioner Marofsky stated concern about the potential hazard of the sign being 5 ft. off the ground. He believes the sign should be raised or readjusted so that it is not closer than 8 to 10 ft. from the ground. Chairman Steigerwald inquired if vandalism could be a prob- lem and would the petitioner accept that risk? Mr. Smith explained that the sign is totally enclosed and encased and no part of the electrical system is exposed. Commissioner Marofsky stated that because the sign is so low, the lights could be exposed and become a safety hazard. Page 120 Planning Commission Minutes May 27, 1987 Commissioner Stulberg stated this would be a valid concern; however, there have been no reported problems and the "Happy Chef" restaurant is open 24 -hours with a well lighted park- ing lot that would be a deterrent to vandalism. There are other signs in the City that are low and on the ground. Director Tremere suggested that a condition could be added to assure that the sign "boxes" be enclosed, whether the panels contained commercial messages or not. MOTION by Commissioner Marofsky, seconded by Chairman MOTION TO AMEND Steigerwald to Amend the Main Motion adding Condition No. 3., that the signs shall be enclosed with a plastic panel and maintained to assure its appearance and safety features at all times. VOTE on Amendment. 6 Ayes. MOTION carried. VOTE on MAIN MOTION as once AMENDED. 6 Ayes. MOTION carried. Chairman Steigerwald introduced the request by Metroquip for a Site Plan Amendment and Variance which had been deferred by the Commission for redesign at the meeting on March 25, 1987. Reading of the May 21, 1987 staff report was waived. Mr. Henry Hayden inquired if the Commissioners had visited the site as he wanted them to understand the truck circula- tion and the need for the second curb cut. He further stated that if any of the Commission visited the site, they did not ask to speak to him. Chairman Steigerwald stated that the issue in the traffic study is that the City must review a need for additional drives onto a public road with regard to the overall City street system. Commissioner Plufka noted that Director of Public Works Fred Moore has stated the on-site circulation of trucks can be accommodated and the situation that exists now is created by the petitioner with outside storage of equipment and vehicles. Director Tremere confirmed that the petitioner has a Conditional Use Permit for the outside storage. He also stated that the merit of the second curb cut was question- able if, as the petitioner's report stated, the benefit was to relieve on-site pressures. Mr. Hayden stated the Commission should consider the safety issue; by providing the second curb cut, there is less chance of a back-up onto Fernbrook Lane. He quoted Mr. Moore's May 22, 1987 Memorandum regarding site circulation and access. VOTE - MOTION CARRIED VOTE - MOTION CARRIED HENRY B. HAYDEN METROQUIP SITE PLAN AMENDMENT AND VARIANCES (87002) sem. Page 121 Planning Commission Minutes May 27, 1987 Mr. George Klein, Architect, stated the City brought up the safety issues and City told them to hire an Engineer to do a traffic study. He does not believe there is too much stor- age on-site; nor, does it cause traffic problems or affect the on-site circulation. He believes the Commission and City staff should visit the site to ascertain the conflicts of opinion regarding the need for the second access. Mr. Klein also noted a typographical error in Mr. Moore's memo (reference to Vicksburg Lane vs Fernbrook Lane) and he suggested that their study had not been interpreted correctly. Director Tremere stated he has visited the site and it is apparent that the on-site circulation problems are and would be affected by outside storage on this site. The back of the site is full of equipment and the conflicts and pres- sures on the site are caused by the operation of the business itself, not from the lack of a second curb cut. He noted that Director Moore, in his memorandum, is quoting the traffic report prepared for Metroquip. Mr. Hayden inquired about City statistics regarding traffic safety on Fernbrook Lane. Director Tremere stated that increasing the number of drives on major thoroughfares throughout the City becomes an overall safety problem; and, for this reason, curb cuts are kept to a minimum on collector streets. Further discussion ensued regarding the safety issues and on-site circulation of vehicles. Commissioner Zylla inquired if the drive radius could be made wider and whether it should be encouraged to provide 36 ft. wide and 45 ft. wide radius? Engineer Goldberg confirm- ed a longer radius would make it easier for trucks to maneu- ver on and off-site. Mr. George Klein stated that when they checked with staff, it was mentioned that the curb cut was a matter of policy only, and they took this opportunity to improve the site by asking for a "minor departure" from policy. Director Tremere explained the request is to amend the Site Plan and to secure variances from the Zoning Ordinance. He read from the Minutes of the Meeting on March 25, 1987 re- garding the deferral of this item and the direction given. The policy is based in the Thoroughfare Guide Plan. If a second curb cut is not allowed, then the proposed Site Plan is not feasible. Page 122 Planning Commission Minutes May 27, 1987 MOTION by Commissioner Zylla, seconded by Commissioner Pauba MOTION TO DENY to recommend denial of the Site Plan Amendment and Variances for Metroquip, based on the staff recommendation, and; that the Variance Criteria have not been met and the site can function without ther second curb cut onto Fernbrook Lane. Commissioner Stulberg stated that the application is not only for the curb cut, but includes a variance and the Com- mission must review the total proposal. The fact remains that the petitioner chose not to follow the Commission's direction to eliminate the curb cut and go forward with the variance request for reduced setbacks for the parking and driving setbacks. Vote. 6 Ayes. MOTION carried. ADJOURNMENT The meeting adjourned at 11:20 P.M. VOTE - MOTION CARRIED PLYMOUTH POLICE DEPARTMENT MONTHLY REPORT CLASS I JANUARY THROUGH MAY MONTH 1987 1 MURDER I CSC I ROBBERY i ASSAULT I BURGLARY I THEFT I AUTO THEFT I ARSON 1 19861 0 I 4 I 3 I 76 I 95 I 370 I 35 1 3 I 19871 0 1 11 1 4 1 82 I 123 I 453 I 61 1 11 1 TOTALS 1986 586 1987 745 +27% CLASS II FORGERY EMBEZZEL STOLEN WEAP PROSTI SEX GAME OFFENSES LIQ. DISORDERLY I COUNTERFEITIFRAUDI MENT IPROPERTYIVANDALISMIOFF.ITUTIONI OFF.INARCILINGIFAM/CHILDID.W.I.1 LAW I CONDUCT I OTHER 1 1986 12 I 49 1 3 1 1 1 183 1 1 1 0 1 12 1 60 1 0 1 6 1 185 I 35 1 22 1 168 1 19871 31 I 55 I 1 I 10 1 335 1 4 1 0 1 15 1 61 1 0 1 15 1174 1 36 I 10 1 216 I TOTALS 1986 737 1987 963 +31% CLASS III FATAL PERSONAL PROPERTY SNOWMOBILE MEDICAL SUICIDE NATURAL ANIMAL ACCIDENT I INJURY I DAMAGE I ACCIDENT I DROWNING I EMERGENCY I SUICIDE I ATTEMPTS I DEATH I BITES I FIRE_I 19861 2 1 61 1 336 1 0 1 0 1 288 I 2 1 15 1 7 I 22 1 111 1 19871 0 1 70 1 335 1 0 1 0 1 304 1 3 1 6 1 8 1 17 1 152 1 TOTALS 1986 844 1987 895 +6% CLASS IV ASSIST ANIMAL FALSE LOCK OTHER WARRANT TRAFFIC FIREARM SUSPICION MISSING LOST PUBLIC IDOMESTICIDETAILIALARMSIPROWLERIOUTS IAGENCYISERVED IDETAIL IVIOLATIONIINFORMATIONIPERSON IFOUNDINUISANCEI MISC. 1 19861 91 1 579 1410 I 18 1614 i 166 1 178 I 848 1 6 I 469 I 5 I 62 i 485 1 476 1 19871 133 1 668 1510 I 30 1 648 1168 1144 I 840 i 33 I 586 I 41 I 82 I 472 I 623 I TOTALS 1986 4,407 CRIMINAL OFFENSES CLEARED 1986 34% 1987 4,978 +13% 1987 29% HAZARDOUS VIOLATIONS 1986 2,105 1987 2,280 + 8% TOTAL NUMBER OF INCIDENTS 1986 6,574 NONHAZARDOUS VIOLATIONS 1986 2,660 1987 1,871 -29% 1987 7,581 +1514 PLYMOUTH POLICE nEPARTMENT MONTHLY REPORT CLASS I I MIIRnER I CSC I ROBBERY -1 ASSAIILT I BURGLARY I THEFT 1 AUTO THEFT 1 ARSON 1 1986 I n 1 4 I 1 I 19 I 28 I 77 I 14 I O I 1987 1 n 1 0 I 2 I 20 1 30 I 77 I 6 I 0 I TOTALS 1986 143 1987 135 - 6% CLASS II MONTH MAY _1987 -u C-�— FORGERY EMBEZZEL STOLEN WEAP PROSTI SEX GAMB OFFENSES LID. DISORDERLY 1 COUNTERFEIT 1FRAUDI MENT 1PROPERTYIVANDALISMIOFF ITUTIONIOFF.INARCILINGIFAM/CHILDID.W.I.ILAW I CONDUCT I OTHER 1 1986 1 3 1 11 1 0 1 0 1 45 1 1 1 0 1 1 1 10 1 0 1 1 1 37 1 5 1 5 1 36 1 19871 8 1 121 1 1 1 1 32 1 1 1 0 1 21161 01 3 1 34 1 12 1 2 1 51 1 TOTALS 1986 155 1987 175 +13% CLASS III FATAL PERSONAL PROPERTY SNOWMOBILE MEnICAL SUICIDE NATURAL ANIMAL 1 ACCIDENT I INJURY 1 DAMAGE I ACCInENT 1 nRnWNING 1 EMERGENCY 1 SUICIDE 1 ATTEMPTS 1 DEATH ( BITES I FIRES( 1986 1 0 1 9 I 50 I n I n I 69 1 1 i 3 1 0 1 11 1 26 1 1987 1 0 1 18 I 56 I 0 I n I 7n I n I 2 1 1 1 4 1 33 i TOTALS 1986 169 1987 184 + 9% :LASS IV ASSIST ANIMAL FALSE LOCK OTHER WARRANT TRAFFIC FIREARM SUSPICION MISSING LOST PUBLIC IDOMESTICIDETAILIALARMSIPROWLERI OUTS IAGENCYISERVED (DETAIL IVIOLATIONIINFORMATIONIPERSON IFOUNDINUISANCEI MISC. 1 1986 1 23 1 166 1 82 1 4 I 145 1 41 1 38 1 162 I 2 1 98 1 1 1 18 1 165 1 88 1 1987 25 1 131 1 106 1 5 1 119 1 31 1 26 I 163 1 3 1 124 1 12 1 19 1 137 1 89 1 TOTALS 1986 1,033 1987 .99n -4% HAZARDOUS VIOLATIONS 1986 516 NONHAZARDOUS VIOLATIONS 1986 518 CRIMINAL OFFENSES CLEARED 1986 40% 1987 35% 1987 438 -15% TOTAL NUMBER OF INCIDENTS 1986 1,50n 1987 379 -27% 1987 1,484 - 1% DT•YMOUTH FIRE DEPARTMENT MONTHLY REPORT TYPE OF REPORTED INCIDENTS BY TIME OF DAY �J MONTH MaY 1987 NUMBER OF 0001 0401 0801 1201 1601 2001 CONFIRMED FALSE PERMITS ESTIMATED 0400 1 0800 1 1200 1 1600 1 2000 1 2400 1 CALLS I ALARMS I -OTAL I ISSU'D LOcc PRIVATE DWELLINGS I l I 1 I 4 I 3 I 2 1 2 1 6 1 7 1 13 1 -- 1 $91,0001 APARTMENTS I 1 1 1 1 1 1 1 3 1 5 I 2 I 9 "O'TELS A*TD NO ELS I I I I I 1 I I 1 1 0 ALL OTTTF" RESIDENTIAL 1 1 1 I I I I 0 I 0 1 0 P'TBLIC accEl(BLY I I I I 1 I I I 1 I 0 I l i -- I 100 1 SCHOOLS AND COLLEGES I I I I i 1 1 1 0 I 9VF LTH FARE INS'^ITU"IONS PENaL INSTMTIONS I I 1 I I 1 I 1 1 I O STORES AND nFFIf�Rc I 1 I I l I l I l I l I 2 1 3 1 5 INDUSTRY, MFG. I 2 I 1 I 5 1 2 1 4 I 1 I 3 1 12 I 15 I -- I 15,000 STORAGE IN MU TU ES 1 I I l I I I I 0 1 1 I 1 I -- I -- 1 SPECIAL STRUCTURES I i I I I I I 0 I 0 I 0 FIRES OUTSIDE OF STRUCTURES 1 1 I I I I I 0 I 0 I 0 FIRES IN HIGHWAY VEHICLES I 1 1 1 2 1 1 1 1 2 1 5 1 1 1 6 I -- I 12,300 1 FIRES IN OTHER VEHICLES I I 1 I 1 I I 0 I 0 I 0 FIRES IN BRUSH, GRASS i 1 1 1 I I 5 I 4 I I 10 I 1 I 11 FIRS IN RUBBISH, DUMPSTr;?- i I I 1 I I I I 1 I 0 I 1 ALL OT--z'D FTDES ( I I I I I I 0 I 0 I 0 MEDI:rAL AIn RvcpOracoc 1 1 1 l I l I I I 2 I 0 I 2 e*MALICTnpS FALcr ALARMc i I I I I i I 0 I 0 I 0 -MTT-UAL aID nR aoC.o�,. -._ I I I 1 1 1 1 1 I 2 I 0 I 2 ALL nTHE^ URSPONSES 1 1 1 1 I 1 I I 1 I 1 1 5 I 0 I 5 -- TOTALS 1 6 1 8 1 17 1 18 1 23 1 12 1 41 1 43 1 84 1 -- 1$118,400 1 **INC:LUDED IN FALSE ALARMS TOTALS MAY 1986 CONFIRMED CALLS 23 FALSE ALARMS 33 TOTAL CALLS 56 ESTIMATED LASS $21,810 PLYMOUTH FIRE DEPARTMENT MONTHLY REPORT TYPE OF REPORTED INCIDENTS BY TIME OF DAY MONTHLY JANUARY - MAY 1987 1 0001 0400 0401 1 0800 0801 1 1200_1 1201 1600 1601 1 2000 1 2001 2400 I CONFIRMED CALLS FALSE 1 ALARMS 1 TOTAL 1 PERMITS ESTIMATED -SUFD 1 LOSS I PRIVATR DWvLLINGR 1 3 1 1 1 6 1 13 1 13 1 6 1 25 I 17 1 42 1 -- 1 $142,9501 APARTMENTS I 8 I 7 1 15 1 20 I 24 ( 15 1 14 1 75 1 89 1 -- 1 5,0001 HOTELS AND MOTELS 1 1 1 2 1 1 1 1 3 1 1 1 4 1 4 1 8 I -- 1 130,0001 ALL OTHER RESIDENTIAL 1 1 1 1 1 i 1 0 1 0 ( 0 PUBLIC ASSEMBLY 1 1 1 1 3 1 1 1 1 2 1 2 1 4 1 -- 1 1001 AND COLLEGES 1 2 1 1 1 1 2 1 1 1 1 1 4 1 5 1 -- I -1 _SCHOOLS HEALTH CARE INSTITUTIONS 1 1 3 1 21 4 1 4 1 1 1 2 1 12 1 14 1 -- 1 251 PENAL INSTITUTIONS I i I 2 I 1 1 1 I I 2 I 2 1 4 I '' I 201 STORES AND OF -ICES 1 1 1 I 1 1 2 I 2 I 1 I 3 I 4 I 7 I - 1 -1 INDUSTRY, MFG 1 6 1 5 1 7 1 11 1 9 1 5 I 8 1 35 1 43 1 5 1 25,000 STO AGE IN STRUCTURES 1 1 1 1 1 1 2 1 3 1 -- I 1001 SPErIAL S RUCTURFS I I I I I I l I 1 I 0 I l I 1 OUTSIDE OF STRU('TURES 1 1 1 1 l I 1 1 1 1 0 5001 _FIRES FIRES Iv HIGHW Y V-HIrLF'G 1 2 I 8 1 5 1 1 1 5 1 2 I 18 1 5 1 23 1 -' 1 32,3751 IN OTHER VEHICLES 1 1 1 1 1 1 1 0 1 0 _FIRES FIRES IN BRUSH, GRASS 1 6 1 1 1 5 1 21 I 26 1 12 1 62 I 9 1 71 1 -- 1 2001 FIRES IN RUBBISH, DUMPSTERS 1 1 1 1 1 1 2 1 2 1 1 1 7 1 0 1 7 1 -- I 2,5001 ALL OTHER FIRES 1 1 1 1 1 1 1 1 1 1 0 1 1 1 -- I 2001 MEDICAL AID RESPONSES 1 1 1 1( 4 1 I I 5 i 0 1 5 1 -- 1 - -1 *MALICIOUS FALSE ALARMS 1 1 1 1 1 1 1 1 1 1 1 1 1 2 MUTUAL AID OR ASSISTANCE I 1 1 1 1 1 2 I 2 I 1 1 7 1 0 1 7 ALL OTL R REQPONSES 1 1 1 1 1 3 1 8 1 5 1 4 1 17 1 5 1 22 1 -- 1 1001 TOTALS 1 32 I 30 I 50 1 94 1 100 1 53 1 182 i 177 1 359 I 5 1 $339,0701 *INCLUDED IN FALSE ALARM TOTALS JANUARY - MAY 1986 CONFIRMED CALLS 109 FALSE ALARMS 115 TOTAL CALLS 224 ESTIMATED LOSS $112, 910 SPILL ts U L L E T association of metropolitan municipalities� (DOC. June 5, 1987 TO: AMM Member Cities FROM: Roger Peterson, Director of Legislative Affairs Vern Peterson, Executive Director RE: SUMMARY OF 1987 LEGISLTAIVE ACTS - - ACTS OF PARTICULAR INTEREST TO METROPOLITAN AREA CITIES THE LEGISLATIVE ACT SUMMARIES CONTAINED HEREIN ARE: 1. Uniform Rate, Structure - MWCC (Chapter 53). 2. Regulating Building Constructiion to attenuate aircraft noise (Chapter 155). 3. Metropolitan Governance Accountability (Chapter 278). 4. Amendments to the Solid Waste Management Act (Chapter 348). 5. Metropolitan Area Ground Water Protection (Chapter 207). 6. Transit Funding (Chapter 358). 7. Highway Funding (Chapter 358). 8. Omnibus Tax Bill (Chapter 268). 9. Other Miscellaneous Items of Interest: Reprinted from LMC Bulletin Number 20. 10. Items of Legislative Interest that did not pass. Please contact either Roger Peterson or Vern Peterson (227-5600) should you have questions. DISTRIBUTION NOTE: THIS BULLETIN IS BEING MAILED TO MAYORS, MANAGERS/ADMINISTRATORS, AND DESIGNATED DELEGATES. -1- 183 university avenue east, st. paul, minnesota 55101 (612) 227-5600 1. UNIFORM RATE STRUCTURE - MWCC (HF 499, Laws 1987, Chap. 53) This act modifies the cost allocations system of the MWCC by changing the treatment of current value credits and by requiring a uniform treatment rate throughout the metropolitan area for current costs. Specifically, the act removes the requirement that current value credits (current value credits recognize the equity investment that cities had in waste water treatment facilities at the time such facilites were taken over by the MWCC) be treated as a current cost paid only by current users. It also requires that the current costs of inteceptors, as well as treatment works. be allocated, uniformerly among cities on the basis of flow and eliminates the six sewer service areas. The act allows the MWCC to phase in the new costs allocation method over a four year transition period (1988-1991) and allows the MWCC to establish a reserve or contingency fund not to exceed 7.5% of the commission's total operating budget. 2. REGULATING BUILDING CONSTRUCTION TO ATTENUATE AIRCRAFT NOISE (HF 755, Laws 1987, Chap. 155) This act authorizes municipalities in the 7 -County Metropolitan Area which, in part or in whole, are within the aircraft noise zones designated in the Metropolitan Council's Aviation Policy Plan to adopt and enforce ordinances and controls to regulate building construction methods and materials for the purpose of attenuating aircraft noise in buildings in and around the noise zone. The ordinance or control shall not apply to existing residential buildings. An ordinance adopted must be adequate to implement the Met Council's guidelines for land use compatability with aircraft noise. Effectivity Date: The day following final enactment. 3. METROPOLITAN GOVERNANCE ACCOUNTABILITY (HF 1043, Laws 1987, Chap. 278) This act makes some minor adjustments to the "accountability aspects" of the Metropolitan Governance System. The main "adjustments" are: -The Council must inform each legislator of the name, address,and background of each candidate for appointment to a regional agency. -The Council must consider evidence of the Candidates' commitment to regularly communicate on issues before the agency with local officials and other interested parties. -Adds the chair of the MTC to the Metropolitan Financial Reporting and Management Advisory Committee (MFAC). -Requires the Council and each Metropolitan Agency to prepare a summary budget for fiscal year 1988 and each year therafter. The purpose of the summary budget is to increase public knowledge -2- -7C and agency accountability by providing citizens outside the agency with a condensed, accessable, and graphic description of the financial affairs of the agency. -Requires the Council to report to the Legislature by January 15, 1988 a recommended process for coordinating the planning and development of transit by regional railroad authorities. -Directs the Council to publish a consolidated metropolitan bulletin or register containing official notices, meeting and hearing schedules for the Council and all Metropolitan Agencies. -Terminates the opt -out "grandfather" for cities eligible for op -out unless they have already opted -out or taken financial action to opt -out by July 1, 1988. However, a city or town has an additional 12 months extension, if it has notified the RTB before July 1, 1988 that the city or town is in the process of completing a transportation evaluation study that includes an assesment of the local transit needs of the city or town. -Requires the Governor to consult with affected Legislators prior to making appointments to the Metropolitan Airports Commission (MAC). Effectivity Date: The day following final enactment. 4. AMENDMENTS TO THE SOLID WASTE MANAGEMENT ACT (HF 794, Laws 1987 Chap. 348) The 1987 amendments to the solid waste management act have several provisions which affect Metropolitan Area Cities. One is a provision that protects cities from federal and state antitrust actions by giving explicit state authority for cities to organize solid waste collection as a municipal service or with one or more haulers by ordinance, franchise, license, or contract. Cities are also enabled to implement flow control procedures and regulations to ensure delivery to designated facilities. Before adoption of any mechanism for organizing solid waste collection, cities must give 90 days pre -notice, hold a public hearing, and follow the specific procedures. Also, cities which "host" solid waste landfills, can increase the fee from 15 to 25 cents per cubic yard of waste or its equivalent. Clarifying language was added to make it clear that the proceeds from the disposal fee can be used for abatement purposes in addition to compensation and mitigation for the costs and adverse effects of landfills. The amendments also prohibit the disposal of lead acid batteries or used oil in solid waste facilities after January 1, 1988 unless PCA authorizes the disposal. The bill also alters the grant process for local recycling programs. By January 1, 1988, the Met Council must develop performance indicators for local recycling that will measure the -3- availability and use of recycling throughout the Metropolitan area. The household rebate and tonage reimbursement programs formerly administered by the Council have been repealed. Instead, the Council will provide grants to counties and the counties wll be responsible for funding local recycling programs. The grants to counties are for new activities or to enhance or increase the effectiveness of existing activities. Another condition is that counties must provide support to maintain effective municipal recycling where it is already in place. (The sum of these two "conditions" should ensure the subsidy for existing city recycling programs). Effectivity Date: August 1, 1987 5. METROPOLITAN AREA GROUND WATER PROTECTION (SF 353, Laws 1987, Chap. 207) This act authorizes metropolitan counties to adopt ground water plans. To assure coordination of efforts of all units of government during the preparation and implementation of ground water plans, the county must conduct meetings with local units of government and must also appoint an advisory committee of 15 members. At least seven members of the committee must represent watershed management organization and cities and towns. The act also specifies the elements that must be contained in a county groundwater plan. The plan must be reviewed by the Metropolitan Council and is approved by the Water Resources Board. This act also requires that watershed management organization (WMO) plans must be updated prior to the expiration of the period covered by the plan. The plan must be reviewed for consistency with an adopted county ground water plan and revised as necessary, whenever the watershed plan undergoes substantial revision or updating. The time period as specified in the act for compliance with a county ground water pian is quite confusing but it appears the earliest date required would not be_before 1992. 6. TRANSIT FUNDING (SF 1516, Laws 19879 Chap. 358). The Semi States appropriation bill included $40.9 million of the $46.5 million requested funding for Metropolitan Transit. This amount is slightly less than current funding and provides about same level funding for basic services. Metro mobility was increased about $1.5 million to comply with the 1983 Human Rights Act requiring service area concidential to the normal service area. Although $400,000 was provided for Light Rail Transit planning and $900,000 for new suburban marketing service, much administrative and planning funding was cut to stay level. The split on fund source was $29.3 million General Fund and $11.6 million from Transit Assistance. Drivers related testing and license fees were increased by 50% and 5% MVET was transferred -4- to provide the later amount. 7. HIGHWAY FUNDING (SF 1516, Laws 1987 Chap. 358) The legislature followed the lead of the Governor and ducked the Highway funding issue. Only 5% of the Motor Vehicle Excise Tax or about $16.5 million was transferred into the highway users fund in addition to the normal gas tax transfer. Thus, in essence, no new funding was provided. Several bills were submitted and various options including per gallon gas tax increase, 6% sales tax on gas, and automobile registration fee increases discussed, but in the end the legislature opted for no tax increase. Significant discussion on this issue is expected during the 1988 session. 8. OMNIBUS TAX BILL (HF 529, Laws 1987, Chap. 268) The final provisions of the Omnibus Tax bill for 1987 for cities in general are not too bad considering what could have been based on the starting position of the Governor and picked up on strongly by the Senate. The early on underlying theme of the Administrative and Legislative thinking was to overcome an $800 million dollar deficit while funding most of the favored programs without being blamed for a huge state tax increase. To do this the structure in a sort of slight of hand proposal was modified to look good on the surface but actually unfund local government so that significant property tax increases would pick up the slack, i.e., a six percent sales tax on all local government purchases does not look like a tax increase to people but ignores the simple fact that property tax is the ultimate source of funds and this tax is paid by people. After much discussion and public testimony it became clear that the slight of hand was not going to work. However, the final product reflects strongly the postion of the legislature that property taxes were not going to be allowed to rise to fill the void left by increased costs to local government and decreased state assistance. A. LEVY LIMITS In payable 1988, all cities, including cities under 5000 population heretofore exempt from 275.50 levy limits, will be subject to a tightened 3 percent limit. The levy limit will be equal to the cities (counties) actual 1987 levy minus debt service and unfunded accrued pension liability plus 1987 LGA and other state credits increased by the percentage of growth in population or households for the most recent 12 month period multiplied by 103 percent and then reduced by the 1988 LGA and other state credits. Debt service and pension liabilities plus some county social programs remain a special levy to be calculated at the actual needed level. For 1989 and beyond the levy limit law reverts to current law except that the new ceiling will be 3 percent instead of 5 percent. The major loss for payable 1988 is Federal Revenue Sharing base increase make up. This will be picked up in 1989. -5- B. LOCAL GOVERNMENT AID The LGA to cities for 1987 will be paid almost as certified and the amounts frozen at that level for 1988. The Governor's and Senate's cuts of 5 and 10 million respectively were axed. However, the 1987 and 1988 allocations will each be reduced by about $218,000 to fund the State auditors government infomation functions and about $206,000 for the Administration Departments government records program. This amounts to about a .0013 percent per city per year reduction from the certified level. At this time LGA for 1989 is a little murky, since the homestead credit program is totally changed to look more like LGA and the property classes are reduced to nine with ratios changing drastically. There is some new money inserted to provide aid where class changes cause some shifts. C. SALES TAX The full blown 6% sales tax on all Government purchases was not passed. However, as former Sen. Davies once put it, "the nose of the camel has entered the tent door flap". All Local Governments will have to pay a Motor Vehicle Excise Tax (MVET) of 6% on all vehicles purchased after May 31, 1987. (unless a written contract existed prior to June 1, 1987 calling for delivery and payment after that date but prior to December 31, 1987.) Based on definition the MVET seems to apply to everything that has a motor and wheels except possibly golf carts and riding lawn mowers. The sales tax was extended to a variety of services, including: parking services, admissions to recreational areas, dry cleaning and laundry services, lawn and garden services, meals in hospital and nursing home cafeterias (for non-residents), building cleaning and maintenance, security services, and others. Cities may have to collect the sales tax for certain services they provide, particularly parking services (whether contractural, hourly, or on a periodic basis) and admissions to recreational areas. D. TAX STUDY COMMISSION The Legislative Tax Study Commission eliminated some years ago was reinstated to do the following: -examine the burden of income maintenance and social services on the property tax levies, -examine and recommend alternative methods of income adjusted property tax relief for homeowners and renters, -examine and recommend alternative property tax classification systems and the effects of the simplified system; -examine-the tax structure and revenue needs and resources of the state an local government, -make long range tax policy recommendations, -analyze proposed legislation, IM z_� -examine the property tax burdens on agricultural, commercial -industrial and employment property; and -file a report with the legislature at least biennially. E. SMALL BUSINESS TRANSITION CREDIT For 1988 only, commercial -industrial property will be eligible to receive a state paid property tax credit if the 1988 property taxes on the first $120,000 of market value of the property exceed three percent. The credit will be equal to 50 percent of the tax attributable to the first $120,000 of market value that is in excess of three percent. Only one commercial -industrial parcel per owner per county will qualify for this credit. The credit will be the first credit deducted from gross tax, before the deduction of any other property tax credit. This small business credit will provide small businesses with an estimated $25.5 million of property tax relief in 1988. F. HOMESTEAD CLASSIFICATION CHANGE FOR 1988 For payable 1988, residential homestead classification ratios are changed to 17 percent of the first $68,000 of market value and 27 percent of the excess over $68,000. In payable 1987, these ratios were 18 percent of the first $66,000 of market value and 28 percent of the market value in excess of $66,000. For 1988, the homestead credit will remain at 54 percent up to a maximum credit of $700. The classificaiton ratios are also changed accordingly on non-agricultural homestead property owned by the blind, disabled, and paraplegic veterans and manufactured homes which are homsteaded. No change is made in the 1988 ratios for agricultural homesteads. G. LOCAL GAMBLING TAX A city or county may impose a local gambling tax on each licensed organization if the tax proceeds are ncessary to cover the costs of regulation of gambling. The tax may not exceed three percent of an organization's gross receipts minus prize costs. This tax is in lieu of all other local taxes and local investigation fees on lawful gambling. Tax revenue collections and the uses of the proceeds are required in an annual report (by March 15 of each year). H. DEED TAX The exemption from the deed tax for state agencies and politcal subdivisions is repealed. The tax rate is also increased to $1.65 for each $500 of value. Unlike current law, cities will be required to pay this tax whenever lands are granted, assigned, transferred, or otherwise conveyed by deed. This tax is applied to transfers by deed after May 31, 1987. I. PROPERTY TAX REFORM The Senate proposed a significantly modified tax system which the final compromise adopted beginning in 1989. The new system reduced the number of property classes from 68 to theoretically 9. The ratios are increased by about -7- c�_ 125% to accommodate the reduction which means mill rates will be reduced to about 45% of current. The Homestead Credit is changed to a percent of property value exemption and local units will be given a "homestead and agricultural credit replacement aid." To adjust for loses or gains due to class changes a special tax base adjustent aid will be provided. In future years the homestead credit replacement aid will be adjusted by inflation and controlled by the legislature to divorce homestead credit fluctuations from local spending decisions. The cost and mechanics of the new system are complex. Adoption was delayed to 1989 primarily to give the legislature a year to refine and tinker with details. Since this program doesn't begin immediately it gives the various lobby groups time to analyze and propose appropriate refinements. Thus, what may be ultimately implemented may be considerably different than what is currently written. The AMM will look at this carefully through policy committee process for 1988. 9. OTHER LAWS OF NOTE: Reprinted from LMC Bulletin Number 20. A. INDEMNIFICATION FOR PUNITIVE DAMAGES (SF 53, Laws 1987, Chap. 79) Allows any municipality to procure insurance for punitive damages and requires a municipality to defend and indemnify any of its officers and employees for damages, including punitive damages if the officer or employee was: 1) acting in the performance of the duties of the position; and 2) not guilty of malfeasance in office, willful neglect of duty, or bad faith Different effective dates. B. WAIVER OF GOVERNMENTAL LIMITS (HF 1083, Laws 1987, Chap. 260) A municipalities procurement of insurance waives only governmental liability limits to the extent of the liability stated in the policy. A municipality cannot waive any defenses or immunities through the procurement of .liability insurance. Effective 8/1/87. C. PROSECUTION OF CERTAIN GROSS MISDEMEANORS (HF 384, Laws 1987, Chap. 329) Requires cities of the first, second, and third class to prosecute gross misdemeanor violations of damage to property, theft, and financial card fraud. Effective 8/1/87. D. MINIMUM WAGE (HF 3, Laws 1987, Chap. 324) Raises the state minimum wage for employees 18 years of age or older of 1) federally covered employers to $3.55 an hour beginning January 1, 1988; $3.85 an hour beginning January 1, 1989; and $3.95 an hour beginning January 1, 1990, and 2) state -covered employers IM to $3.50 an hour beginning January 1, 1988; $3.65 an hour beginning January 1, 1989; and $3.80 an hour beginning January 1, 1990. The state minimum wage for employees under 18 years of age of 1) federally covered employers to $3.20 an hour beginning January 1, 1988; $3.47 an hour beginning January 1, 1989; and $3.56 and hour beginning January 1, 1990, and 2) state covered employers $3.15 an hour beginning January 1, 1988; $3.29 an hour beginning January 1, 1989; and $3.42 an hour beginning January 1, 1990. Effective 1/1/88. E. PARENTAL LEAVE (HF 234, Laws 1987, Chap. 359) Establishes mandatory unpaid leave of absences up to six weeks, for an employee who has been employed by an employer (employer means a person or entity that employs 21 or more employees at a single site) for at least 12 months and who is the natural or adoptive parent of a newly born or adopted child. The employer can adopt reasonable rules governing the timing of requests for unpaid leave. The employer must make insurance coverage available to the employee while on leave of absence, however, the employer does not need to pay the costs of such coverage. The employee would be entitled to return to work in the employee's former position or in a position of comparable duties, number of hours, and pay. F. OPEN MEETING -- NOTICE REQUIRED (SF 1272, Laws 1987, Chap. 313) Requires a public body to keep a schedule of its regular meetings on file at its primary offices and if there are any changes it must give notice as required for a special meeting. For a special meeting a public body must post written notice of the date, time, place, and purpose of the meeting on the principal bulletin board of the public body's offices or on the door of its usual meeting room three days before the special meeting. The public body must mail notice to each person who has filed a written request for notice of special meetings or publish the notice once, at least three days before the meeting. A public body may establish an expiration date for requests for notices of special meetings. If the body establishes an expiration date, it must notify each person who filed a request for notice 60 days before the date of expiration. An emergency meeting is a special meeting called because of circumstances that, in the judgment of the public body, require immediate consideration by the public body. A public body must make a good faith effort to provide notice of emergency meetings to each news medium that has filed a written request for notice if the request includes the news medium's telephone number. If the body discusses or acts on matters not directly related to the emergency at an emergency meeting, the minutes of the men 1 --7 C -..- meeting shall include a specific description of the matters. A recessed or continued meeting does not require additional notice unless the time and place of the continued meeting was not announced during the previous meeting. If a person receives actual notice of a meeting at least 24 hours before the meeting, all notice requirements are satisfied regardless of the method of receipt of such notice. No fine or penalty may be imposed on a member of a public body for violation of these notice provisions unless such violation was willful and deliberate. Effective 8/1/87- G. PIPELINE SAFETY ACT (SF 90, Laws 19879 Chap. 353) Gives the environmental quality board (EQB) the authority to regulate the siting of pipelines unless federal law pre-empts this section. Once the EQB issues a pipeline routing permit, it pre-empts all local regulations. The act establishes an on-call excavation notice system to notify owners or operators of underground facilities of planned excavations. A local governmental unit that issues excavation permits must display an excavator's and operator's notice at the location where it issues the permits and it must give a copy of the notice to each person obtaining a permit for excavation. The law creates a state office of pipeline safety to regulate and enforce pipelines within the state. Every city, town, and county that has planning and zoning authority and has a pipeline within its borders, must adopt a pipeline setback ordinance by August 1, 1989. The pipeline ordinance must meet or exceed the minimum standards of the model ordinance. If the local unit doesn't enact an ordinance the model ordinance will apply. A local unit of government having a pipeline within its jurisdiction must prepare a pipeline release emergency response plan, and review it annually to reflect changes in the operation of the pipeline or other matters related to pipeline safety. Different effective dates. H. PESTICIDE REGULATION (SF 1516, Sections 43-82, Laws 1987, Chap. 358) Establishes state regulation of pesticides and pre-empts local regulation except for pesticide application warning ordinances. A city would be able to enact an ordinance containing the information in the statutory sample ordinance, plus its own licensing, penalty, and enforcement provisions. A city would not be able enact an ordinance that contains more restrictive pesticide application warning information than is contained in the statute. -10- Effective 8/1/87. 10. ITEMS OF LEGISLATIVE INTEREST THAT DID NOT PASS A. FISCAL DISPARITIES The Association of Metropolitan Municipalities Fiscal Disparity bill, authored by Rep. Ann Rest and Sen. Ember Reichgott was referred to the Metropolitan Affairs Committee in the House and the Tax Committee in the Senate. The bill passed substantially unchanged from subcommittee in the House to full committee where it was held by Chairman Tom Osthoff of St. Paul while he attempted to find a series of amendments beneficial to St. Paul and acceptable to the bill's sponsors. None were found. Meanwhile, since the bill will ultimately be sent to both Tax Committees, the respective Chairs, Rep. Voss and Sen. Johnson, decided to hold the issue for interim study and possible 1988 action due to the heavy tax related activity of the 1987 session. The basic premise of the AMM position is to moderate the effects of contribution on the 15 largest contributors and eliminate the perceived inequities while maintaining the primary purpose of the law in continuing to augment the tax base of those communities which cannot attract a reasonable share of the metropolitan commercial/industrial growth. Although most local officials of gaining cities in states -person like stances compromised less future gains to achieve an overall solid program, legislators from these same areas are going to be much harder to convince. B. WINE IN GROCERY STORES Legislation introduced by Rep. Linda Scheid (HF 1342) and Sen. Darril Wegscheid (SF 1302) would have mandated that municipalities in the Metropolitan Area only, issue off sale wine license when requested by any business holding a 3.2 Beer License (Grocery Stores, Convenience Stores, Gas Stations, etc.). The house bill passed committee early but remained on the floor on General Orders without further hearing. Although the vote 22 for and 7 against was one sided in committee, a floor vote may have been quite different. One Rep. that should have been against voted yes just to get it to the floor because he was tired of taking the heat on this issue from the backers solely at the committee level. The Senate author asked for an interim study with the promise that he (Sen. Wegscheid is the chair of the appropriate subcommittee) would take the show on the road for serious discussion statewide. Most outstate legislators looked at the metro only provision as a foot in the door temporary situation. Since this issue is of great concern, not only to member cities with municipal liquor but others for enforcement reasons, the AMM will keep members informed as to future hearings. -11- C. TRANSIT PROPERTY TAX FEATHERING The AMM sponsored a bill,SF 304, Tad Jude and HF 1608, Becky Kelso to correct the MTC propery tax mill reduction from one half and three quarters of a mill to 25$ and 37% of the adjusted two mill levy as per the intent of the 1984 RTB legislation. Senate Transportation passed the bill to the Tax Committee where it remains until 1988. Because of the severe 800 million dollar state budget shortfall and the Governors lack of interest in transit the chance for action this year was extremely low and in fact the extra $2 million dollars was not included. Initial analysis of the property tax reform legislation for 1989 would indicate that the problem is corrected because of the classification rate changes without further legislation. A more thorough study will be made and appropriate action taken to maintain the correction through next years session. D. TAX EXEMPT PROPERTY Rep. Tom Osthoff introduced a major policy shifting bill (HF 1012) dealing with heretofore property tax exempt parcels which in part survived significant committee scrutiny and public testimony to find its way into the final House Tax Bill package. The final proposal would have permitted cities to establish a 'fee for service' for basic services such as public safety and street related items on all tax exempt property. Although this property tax broadening issue did not survive the final Tax Bill, the fact that the House of Representatives did discuss and vote favorably on the issue is significant. If, as anticipated, the legislators become involved in a Property Tax Reform discussion in the interim and during the 1988 session, treatment of Tax Exempt Property could be a major element. E. ELECTRONIC VOTING MACHINE BALLOTS (COLOR CODING) This much publicized issue leading to the first filibuster of a bill since 1963 started as a bill sponsored by two Minneapolis legislators aimed at limiting electronic voting machine use in Minneapolis. The bill, SF 466, Carl Kroening and, HF 756, John Sarna was then amended in committee to require row ballots by party and to apply to all cities. This would have required reprogramming of machines at $1,000 each, about $4 million statewide, and placed in doubt their use in the next election due to the time for shipping and modifying by the machine companies. As a compromise, color shading by party was suggested. This would be significantly cheaper and not require machine modification. From the city viewpoint this would have been an acceptable alternative. However, the Republicans opposed yellow shading for them while Democrats took blue and succesfully filbustered the issue. It will come up again in 1988 but the use of electronic voting machines without reprogrammiing expense is assured for this year and probably the future. -12- CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: June 5, 1987 TO: James G. Willis, City Manager FR OK Sherman L. Goldberg, City Engineer SUBJECT • Environmental Concerns Even though the construction season is in full swing, we have had relativelv few complaints dealing with Environmental concerns in the various areas of construction within the Citv. I am sure this is due to the fact that we have had relativelv little moisture. Still, we are checking the different construction zones for plans with the Citv's Erosion Control Policies. We have had to call several developers in order to have them clean their streets. Also, we have had the opportunity_ to dredge out several areas on lakes and ponds and have accumulated silt. The Bass Lake Sedimentation Pond on the South side of the railroad tracks, North of Schmidt Lake Road and East of Larch Lane has been cleaned. This will provide storage for any additional silt coming through that drainageway prior to entering Bass Lake. We have had several complaints from the residents adjacent to the Mission Trails Plat relative to the dirt that has entered the creek and the pond in that area. I have been working with Lundgren Brothers in trying to get that area dredged out. We have given them a time frame in which to complete the work, or indicated that we will have it done for them at their cost. SLG:kh I=- I(D WEST SUBURBAN MEDIATION CENTER 213 Eliot Community Ctr., 6800 Cedar Lake Rd., St. Louis Park, MN 55426 (612) 544-2946 June. S; 1987 Mayor and City Council City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mayor and Council Members: We wish to take this opportunity to thank you again for your support of the West Suburban Mediation Center and to provide you with an update on our program. In the first three months of 1987, our caseload was tbw due to a number of factors. We spent our energies primarily on replacing our one paid staff and meetings with Hennepin County to provide funding. We hired a new executive director the 23rd of February. The contracts for funding from Hennepin County for $15,000 were signed this week. The Hennepin County grant was given on the basis of 2 for 1 matching funds from local municipalities and other local grants. In March, the first joint training session for mediators was held and our program has five new mediators who completed the 25 hours of initial training and required observations bringing our total to 14 trained mediators. We held an inservice training on April 30th on juvenile mediations as part of the required minimum of 8 hours of on-going training for mediators each year. Two additional in -services will be offered by the end of June. While the program was in place, fund raising and outreach efforts were needed. We are in the last year of a three year Bush Foundation allocation and as of June 30th we will be totally fiscally responsible. Mediation Center had been handling payroll and other expenses such as insurance through grants they had generated. Your support has assisted us with program expenses. In May, our director has been meeting with police departments, city staff, human service agencies and some school personnel to promote understanding of what mediation is and how it can be an option for nuisance calls, intra -family problems and first offender juvenile offenses. We have found a lack of understanding on how we operate and a need to become more visible as a necessary service organization. We are optimistic that our efforts to publicize and promote our services will succeed in a dramatic increase in caseload. We ask for your support again in 1988 at the same amount as 1987 and are planning to approach more municipalities in our area for funding for 1988 to meet the projected increase in service requests. It is our belief that our program can help alleviate child abuse by relieving stresses brought on by unresolved conflicts; enable employees to keep their jobs; promote emotional well-being and stability in neighborhoods and cut down on incidences of crime with our juvenile mediations. Single parent households have available to them a process to aid in parent/child communication. Page 2 The Center has an excellent reputation with professionals who have referred to us but we do realize we need to become better known and understood. We would appreciate hearing what procedures you would want us to follow to apply for continued support. Thank you. Si ely, Sue Nelson Executive Director NOTE: The Plymouth Post published a front page article on mediation, March 26, 1987. Due to a vacancy in the juvenile police officer position, we could not do an inservice training with Plymouth police officers until after June 10th. The following cases were referred to our office: One couple, the husband disabled, had difficulty in getting an insurance company to pay the mortgage. We intervened and the payments were made by the insurance company. A mediation took place between neighbors which was referred by the City Planner. No agreement was reached and the 'other party" refused a second mediation. Another city referral, regarding a fence and property line problem, the 'other party" refused mediation. We feel our case developer opened up communication by intervening in the dispute. One neighbor dispute is still pending. al- t -CD WHCC west hennepin community center 1001 state highway 7 hopkins, minnesota 55343 612/933-9105 June 8, 1987 .j Mr. Frank Boyles Assistant City Manager 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mr. Boyles, I am writing in response to your letter requesting information on services Plymouth residence received from West Hennepin Community g Center in the year 1986. Plymouth Park and Recreation is one of the 8 cities funding the Northwest Adaptive Recreation consortium. This program provides recreation opportunities for individuals with mental handicaps. These programs focus on developing educational, social, physical and independence skills. During 1986, there were 4 on-going recreation programs offered to Plymouth residents and to the other 7 participating cities. These programs included Friday Night Fever, Saturday Sunshine Kids, 2 Bowling Leagues and Teen Action. Enclosed you will find program schedules describing each programs activities. Throughout the course of the year, our statistics show that for the winter session, Plymouth had 23 participants, spring session 20 participants, summer session 27 participants and fall 21 participants. Through Plymouth's contribution, we are able to provide appropriate and much needed recreation opportunities to those individuals with special needs. We hope you will continue to support these programs. Sincerely, d'�O a-lj_ Tracy Wali Northwest Adaptive Recreation Coordinator TW: mm Encl. April 11 April 18 April 25 May 2 May 9 May 16 May 2 3 May 30 FRIDAY NIGHT FEVER Pilgrim Lane Elementa 1986 Spring Schedule 9 ---\— – \ J0 Movies night and a fun game of volleyball Cavanagh School Carnival. Meet at Cavanagh School, 5400 Corvallis Ave. No. Crystal Picture night, bring favorite pictures to show friends. New photos will be taken tonight. Also we'll make mini pizzas for snacks. Community Safety Night. MTC spokesperson and issues on Community Survival will be discussed. ARC Speaker on Advocacy; Physical Fitness Mexican Fest. Decorate Mexican style, make Pinatas so wear your Mexican garb NO MEETING. Memorial weekend observed Climb Theater Presentation. Bring $2.00 June 6 Pot Luck Picnic. Meet at Northport. 5421 Brooklyn Blvd., Brooklyn Center. i Sign up sheet for food to bring. Also a fun game of softball so bring your mitts. P.S. Please call Tracy at WHCC, 933-9105 before that Friday if you plan on not attending one of the programs. NOTE: The summer session for Friday Night Fever will be on Wednesday Nights from 7:00 - 9:00 PM. ONE LOCATION - Brooklyn Center Civic Center, 6301 Shingle Creek Parkway. Wednesday Night Fever begins June 25 - August 20. Fee $16.00. September 26 October 3 October 10 October 17 October 24 October 31 November 7 November 14 November 21 November 28 December 5 L7 FRIDAY NIGHT FEVER Pilgrim Lane Elementary, Plymouth Fall 1986 arc���" WELCOME NIGHT - Group Games/ Outdoor Activities. PIZZA PARTY - Don't eat dinner that night before you come to FNF!!! Meet at MARCELLO'S - 4112 North Landcaster Lane, Four Seasons Shopping Center 7:00-9:00 Bring $3.50. SELF-AWARENESS DAY - ARC Advocate/ Health Department. NO MEETING - MEA WEEK. MINNESOTA ZOOMOBILE --Visit with a Mammel, reptile and birds. Bring $2.00. HA.LL014EEN PARTY - Wear your favorite costume. SURPRISE NIGHT %L -000T , 01 ARMSTRONG SENIOR HIGH Presents "Oliver" Meet at Armstrong/Robbinsdale High School at 7:001 Bring $2.00. THANKSGIVING CRAFT NIGHT. NO MEETING. CHRISTMAS DANCE, Meet at Northport, 5421 Brooklyn Blvd. Brooklyn Center. P.S. Please call Tracy at WHCC, 933-9105 before that Friday if you plan on not attending one of the programs. TEEN ACTION SUMMER, 1986 WEDNESDAY JULY 9 0 TUSEDAY JULY 22 SATURDAY AUGUST 2 WEDNESDAY AUGUST 13 SATURDAY AUGUST 30 PUTT PUTT GOLF 3118 WEST LAKE STREET 6:30 - 8:30 pm Bring $5.00 PIZZA NIGHT GODFATHERS PIZZA 8040 OLSON MEMORIAL HWY GOLDEN VALLEY 6:00 - 8:00 pm Bring $5.00 THE COMEDY TROUPE PLAY IN THE PARK MEET AT LAKE HARRIET BANDSTAND 6:45 - 8:45pm r LO '9 MOVIE NIGHT WEST HENNEPIN COMMUNITY CENTER ROOM 206 6:30 - 8:30 pm 0 PICNIC AT MEDICINE LAKE MEET AT EAST MEDICINE LAKE BEACHHOUSE 1:00 - 3:00 pm BRING $1.00 If you have any questions on the activities call Tracy or Sue at West Hennepin Community Center at 933-9105. \O Saturday, Oct. 11, 1986 Monday, Oct. 20, 1986 Saturday, November 8, 198 TEEN ACTION Fall, 1986 Wednesday, November 19, 1986 Thursday, December 4, 1986 Saturday, December 20 ROLLERSKATING - 1:00 - 3:30 pm. Meet At Skateland, 7306 Lakeland Ave., N, Brooklyn Park. Bring $3.50 for rental, skating and treats. PIZZA NIGHT - 6:00 - 8:00 pm. Meet at Shakey's, 15600 Hwy. 7, Mtka. Bring $3.00 for pizza. CLIFTON FRENCH REGIONAL PARK, 1:00 - 3:00 pm., 12615 Co. Rd. 9, Plymouth. Meet at the Park for fall hiking and enjoying nature. MOVIE NIGHT - 6:30 - 8:30 pm. Meet at WHCC, Room 206. Bring .50Q SWIMMING - 7:00 - 9:00 pm. Meet at Hopkins West Jr. High, 3830 Baker Road, Mtka. Bring .50Q CHILD'S PLAY THEATER "TWAS THE NIGHT BEFORE CHRISTMAS" - Meet at WHCC, Room 203. 1:00 - 3:00 pm. Bring $2.75. Any questions, call Sue or Tracy at WHCC, 933-9105. PLEASE CALL US WHEN YOU PLAN ON ATTENDING ONE OF THE ACTIVITIES. =—`t PLYMOUTH TOWN MEETING FORMAT AREA 7 June 8, 1987 I. INTRODUCTIONS - Mayor Virgil Schneider II. STATUS REPORTS ON ISSUES OF INTEREST - City Department Heads III. QUESTIONS FROM RESIDENTS IN ATTENDANCE IV. CLOSING COMMENTS - Mayor Virgil Schneider V. ADJOURN RESIDENT FEEDBACK FORM Please use this form if you have a question or concern which you would like the City to investigate. If you provide your name, address and phone number, we will advise you of our actions and findings with respect to your concern. NATURE OF CONCERN/PROPERTY ADDRESS INVOLVED : V4 e— co1441C, A 1l 'fit ;1-1, 7K SS '�O a✓ �� V�i�! a cy05's &0714 l�Lt f�Qllle l/o r� 101 �6A.j� 3 ACTION YOU DESIRE THE CITY TO TAKE: �P� l'C �l1'cc,� He,y; � v�q l2 � a -�o Gt e 2r^�/t y Lim r� f�;s (/` r sc2 _zv�--1 hal/e, bee -.1, OxV p0a'8CPw t1A U-AVIe -fetes. NAME OF CONCERNED RESIDENT: 1,4 Ct-'VV c� (n �� �C/,to l' ADDRESS OF RESIDENT : / Cpmyt �1% jPp '�17 xl PHONE -NUMBER: 55 /0 73 W �o ve- ' - a ra.10 o/ !� GItt e -Fo�C ho� 5 i ��t v�eys , I � A-15 � 6 - 70 1,1s. �ge4� ,6/ A 2 ve C V6 ..5; 1� l 2 l� C � j�v�� -r �� / #ev- cff fie- / W / 14-f; v t-Lc eld O Gt —t e/)Oov . wzte"l �.� ��les� �►�,rzl5 1),Ae -ove -'e4OVS G� ' scra �1 cC _ e �� I-a-S Lvo 14 eJ P-o k lie 'a 5 J5 kt n 014 i Gam, av` r- ",I 1 �GOorn i h2(A k (9 LA PLYMOUTH TOWN MEETING FORMAT AREA 7 June 8, 1987 I. INTRODUCTIONS - Mayor Virgil Schneider II. STATUS REPORTS ON ISSUES OF INTEREST - City Department Heads III. QUESTIONS FROM RESIDENTS IN ATTENDANCE IV. CLOSING COMMENTS - Mayor Virgil Schneider V. ADJOURN RESIDENT FEEDBACK FORM Please use this form if you have a question or concern which you would like the City to investigate. If you provide your name, address and phone number, we will advise you of our actions and findings with respect to your concern. NATURE OF CONCERN/PROPERTY ADDRESS INVOLVED: ACTION YOU DESIRE THE CITY TO TAKE: NAME OF CONCERNED RESIDENT: ADDRESS OF RESIDENT: PHONE NUMBER:J— - - ---------------- 1 RESIDENT FEEDBACK FORM Please use this form if you have a question or concern which you would like the City to investigate. If you provide your name, address and phone number, we will advise you of our actions and findings with respect to your concei n. NATURE OF CONCERN/PROPERTY ADDRESS INVOLVED: ex4v-e4 2k:k v ACTION YOU DESIRE THE CITY TO TAKE: e4.-� e-x._!/'CK h"A-a - rte, O NAME OF CONCERNED RESIDENT: ADDRESS OF RESIDENT: PHONE NUMBER: S S�� _ 5 75-0 RESIDENT FEEDBACK FORM Please use this form if you have a question or concern which you would like the City to investigate. If you provide your name, address and phone number, we will advise you of our actions and findings with respect to your concern. NATURE OF CONCERN/PROPERTY ADDRESS INVOLVED: TAMP ACTION YOU DESIRE THE CITY TO TAKE )Ec�rg - /m ,zbs yie6 i3- (JAa-� Fo2 NAME OF CONCERNED RESIDENT: --`� - ADDRESS OF RESIDENT- PHONE NUMBER: ���j--`i� �`7S - -- l�/oic� 7 Z—�S �� PLYMOUTH TOWN MEETING FORMAT AREA 7 June 8, 1987 I. INTRODUCTIONS - Mayor Virgil Schneider II. STATUS REPORTS ON ISSUES OF INTEREST - City Department Heads III. QUESTIONS FROM RESIDENTS IN ATTENDANCE IV. CLOSING COMMENTS - Mayor Virgil Schneider V. ADJOURN RESIDENT FEEDBACK FORM Please use this form if you have a question or concern which you would like the City to investigate. If you provide your name, address and phone number, we will advise you of our actions and findinqs with respect to your concern. NATURE OF CONCERN/PROPERTY ADDRESS INVOLVED:, G ACTION YOU DESIRE THE CITY TO TAKE: ' 1�7 — n NAME OF CONCERNED RESIDENT: ADDRESS OF RESIDENT: PHONE NUMBER: °y %f — �� PLYMOUTH TOWN MEETING FORMAT AREA 7 June 8, 1987 I. INTRODUCTIONS - Mayor Virgil Schneider II. STATUS REPORTS ON ISSUES OF INTEREST - City Department Heads III. QUESTIONS FROM RESIDENTS IN ATTENDANCE IV. CLOSING COMMENTS - Mayor Virgil Schneider V. ADJOURN RESIDENT FEEDBACK FORM Please use this form if you have a question or concern which you would like the City to investigate. If you provide your name, address and phone number, we will advise you of our actions and findings with respect to your concern. NATURE OF CONCERN/PROPERTY ADDRESS INVOLVED: ACTION YOU DESIRE THE CITY TO TAKE: 3 4% .15 •j7 /9 rn `7.'G NAME OF CONCERNED RESIDENT: ADDRESS OF RESIDENT: PHONE NUMBER: 4 -7 CITY OF PLYMOUTH CONFERENCE/SEMINAR REPORT DATE OF SEMINAR/CONFERENCE: LOCATION: EMPLOYEE ATTENDING: SUPERVISOR: PURPOSE/THEME OF SEMINAR/CONFERENCE: DESCRIBE BENEFIT TO EMPLOYEE/CITY: NOTE: A copy of seminar/conference educational materials should be retained in appropriate department for not less than 10 working days following the employee's return. -12- �J c'71 .�L.. .G07�Ti�j2tc .�t4. ✓1�-''`f..'.G%�ti.. �/��tn� �Lc.�i Z \31,Y) } � •� t�xf 'At CITY OF PLYMOUTR June 3. 1987 Mr. Owen N. Warneke 945 Zanzibar Lane Plymouth. Minnesota 55447 Dear Mr. Warneke: The removal of geese from your property (Cimarron Ponds) is the responsibility of you and other members of your homeowners association. The City of Plymouth does not provide that type of service. If you have a nuisance problem, and it certainly sounds as if you do, the responsibility for eliminating the cause is the responsibility of the homeowners. I have no idea why the Department of Natural Resources would refer you to the City of Plymouth to remedy your problem. Also, I am unaware of any "funds" that are available for eliminating a problem caused by geese. Sincerely. Richard J. Carlguist Public Safety Director RJC:gs cc: James G. Willis - City Manager May 29, 1987 City of Plymouth BUILDING 6 INSPECTION 3400 Plymouth Blvd. Plymouth, Minnesota Gentlemen: DEPT. 55447 It is evident to all of us in the construction industry that this is a very busy time of the year. Sometimes we forget that we are all in the same boat, "playing beat the clock" to get our jobs done and make our business run smoothly. I'd like to express thanks, on behalf of myself, Bill, and my sub crews to your department for making special efforts to help us in our jobs by getting those permits out quickly, and doing inspections as soon as possible. My special thanks to Joe Ryan and Mike Kulczyk for getting the permit and footing inspection at 15310 -41st Place North, done on short notice during a very busy and short handed time for you. Again, we do appreciate all the extra efforts your department has made to help us do our jobs. Thank You! Sincerely, DEAN R. JOHNSON CONSTRUCTION, INC. Dean R. Johnson President ORJ/ jcf 3650 ANNAPOLIS LANE PLYMOUTH, MINNESOTA 55441 559-6430 A MEMBER OF THE SEARS FINANCIAL NETWORK - C3 ; a JUN; r� r �y� G►��` fir �tX�'�k��.J�� - COLDWELL BANKER �r RESIDENTIAL REAL ESTATE SERVICES 4205 LANCASTER LANE NORTH Z V PLYMOUTH. MN 55441 (612)553-1810 JUNE 8, 1987 VIRGEL SCHNIEDER, MAYOR 3400 PLYi°iOUTH BLVD. PLYMOUTH, MN 55447 DEAR MAYOR SCHNIEDER. NO SYMBOL MORE CLEARLY DEMONSTRATES PATIOTISM THAN THE AMERICAN FLAG. IT IS THE PRIDE OF OUR COUNTRY... PRESENT IN GOOD TIMES AND BAD. IT IS IN THE SPIRIT OF AMERICANISM THAT THE SALES ASSOCIATES AND STAFF OF COLDWELL BANKER WILL BE PLACING NEARLY ONE HUNDRED THOUSAND FLAGS ON THE LAWNS OF TWIN CITIES HOMES IN OBSERVANCE OF FLAG DAY, JUNE 14, 1987. TO AVOID POSSIBLE PROBLEMS., PLEASE BE INFORMED THAT COLDWELL BANKER ASSOCIATES AND STAFF WILL BE PLACING FLAGS ON SOME OF THE LAWNS OF RESIDENTS IN YOUR COMMUNITY SOMETIME LATE SATURDAY EVENING JUNE 13 OR EARLY SUNDAY MORNING JUNE 14. OUR DISTRIBUTION WILL BE IN A QUIET AND ORDERLY FASHION AS TO NOT DISTURB RESIDENTS. THESE FLAGS REPRESENT COLDWELL BANKER'S COMMITTMENT TO PRESERVING THE AMERICAN DREAM ... HOME OWNERSHIP. SINCERELY, .JAMES A. EDWARDS BRANCH MANAGER UNION CITY MISSION 3409 E. MEDICINE LAKE BLVD. / PLYMOUTH, MINNESOTA 55441 (612) 559-1883 Mr. Blair Tremere Director of Planning/ Community Development City of Plymouth 3400 Plymouth Boulevard Plymouth, 111N 55447 Dear P1r. Tremere: May 27, 1987 49H 1 198, On behalf of the Union City Mission Board of Directors, I would like to express our gratitude for your assistance and sup- port in our organization's recent efforts to secure a City of Plymouth Community Development Block Grant. Your timely notification of the available CDBG funds and the continuous support of your office in the application and review process has been invaluable. Staff have especially appreciated Mr. Milt Dale's supportive representation throughout the review process. We are confident that the outcome of our planning will be a project in which the City of Plymouth, as well as Union City Mission, will take great pride. We very much appreciate your efforts on our behalf. Sincer , Je f Sw et esi dent Board of Directors JS/rlm CITY OF SHAKOPEE INCORPORATED 1870 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612) 445-3650 ,lune 5, 19,87, Katherine Turnbull, Planning Manager Regional Transit Board Suite 270 Metro Square Building St. Paul, MN 55101 RE: RTB's Draft Fare Policies and Procedures Dear Ms. Turnbull: -\3� On behalf of the City of Shakopee, please accept these comments with regard to the RTB's proposed fare policies and procedures. The City of Shakopee is very concerned about the fare box recovery ratio currently being proposed by the RTB. As an opt - out community, the City of Shakopee's transit program is funded 100% by local property tax payers and local fares. The opt -out law allows Shakopee to expend 90% of the local transit tax dollars generated in our community on our local transit system. The remaining 10% supports metro area transit systems that are currently receiving State and Federal transit aid. Without Federal or State transit aides, our transit system has not even required the full 90%. (Therefore, Shakopee property tax payers have contributed more than the 10% minimum.) The current 1.2 mill levy generates over $200,000. In 1987 our total transit budget was $155,000. Therefore, approximately $25,000 in Shakopee property taxes went to support other metro systems. Our existing program is operating very effectively and is meeting the needs of our residents. If we can meet the needs of residents as we have been doing for the past four years with low fares and still require less than the full 90% we're allowed to operate on, why should we be forced to meet a fare box recovery ratio imposed on transit systems that benefit from State and Federal subsides? If the RTB would provide Shakopee with the ratio of Federal and State aid that other systems in the metro area are receiving and support legislation to correct the technical flaws in the transit tax feathering provisions, Shakopee could support a standardized fare box recovery policy. The Heart of Progress Valley We find it quite ironic that the RTB will not extend a fare share (ratio) of State and Federal transit aid to opt -out cities, will not support corrections to the transit tax feathering laws, but would consider extending a standard fare box recovery ratio to opt -out cities. What a blatant double standard! Please call me or Barry Stock at 445-3650 if you will not be incorporating our comments as amendments to the final draft of the RTB's Fare Policies and Procedures. S ' ncer ly, C/� r ohn K. And son City Administrator CC: Senator Robert Schmitz Representative Becky Kelso Senator Clarence Purfeerst Senator Gary Decramer Representative Henry Kalis Representative Robert Jenson RTB Chairman Elliot Perovich Mayors Chaska Chanhassen Eden Prairie Plymouth Burnsville Prior Lake Savage JKA:trw Dennis Hocks 2955 E. Medicine Lake Blvd. Plymouth, Mn. 55441 June 6, 1987 Councilman David Crain City of Plymouth 3400 Plymouth, Blvd. Plymouth, Mn. 55447 Dear Councilman Crain: JN, ECFI4r._ JUN 10 tss�j s: \3C�5 I am writing concerning our parking problem on east Medicine Lake Blvd. We have always been short of parking and recently the city has posted 'no parking' signs on 30th Ave, further aggrevating our problem. Besides the shortage of parking, the spots we do have left are directly adjoining the road making them easy targets for vandalism and theft. In the last year, my vehicles have suffered 2 vandalistic attacks. My neighbors suffer the same predicament, in fact, my neighbor at 3015 E. Medicine Lake Blvd. has suffered four such cases of vandalism or theft in the same period of time. The police are powerless to curb such offenses, the only way for them to do so would be to become permanent fixtures in the neighborhood, thus curtailing their needed services in other parts of the city. The only way we will be safe is to garage our vehicles. I do have a small garage located a few feet from the road but access to it is unsafe. Current ordinances will not allow my building of a larger garage placed in a more useable position. I am aware that my needs can only be met through obtaining a variance for the construction of this garage. However, I believe it to be not only unfair but unethical for the city to charge $75.00 for this right. One of my neighbors had previously been in a variance hearing for what seemed to be a reasonable request, but he told me that the members of this group were very closed minded individuals -that it was obvious from the start of the meeting that they had already made their decision. This is despite excessive time and effort he spent to prepare what appeared to me to be a logical argument that he was deserving of a variance due to unique circumstances. What I am asking of you is that the $75.00 fee be either eliminated or greatly reduced. I would also like to know what recourse I have should my request of the variance committee be denied. Thank you for you--7time. Sii>6ere/ly yqui-s, s 'no DH: pt Mr. Ray Anderson Cannanity Development Coordinator City of Plymouth Plymouth City Center 3400 Plymouth Boulevard Plymouth, Minnesota 55441 Ref File 87017, Pending Request for Variance a:� \3-�-\. June 10, � I 1 It is with all due respect to Mr. Hertzenberg's rights and liberties as a land owner in the City of Plymouth that the undersigned contest the subject request for residential lot variance and urge the planning commission recommend the variance not be granted. Our objections are based on the reasonable assumption at the time of purchasing neighboring property, that the land in question would remain vacant of buildings or development for the following reasons: 1) The land in question, known as lot 10, block 1, Pheasant Hills, as amended in 1981 to include land vacated by City resolution 81-137, was, and is not of sufficient size to allow division into two residential lots per zoning regulations in place. 2) Said portion of that land vacated by the City in 1981 was, and is not a practical location for a residential structure due to soil and drainage characteristics. The area exists as a major reservoir for drainage water collection, and the characteristics of the underlying soil would require radical fill and grade activities with no assurance of subsequent building stability. Recognize that the record low snow and rainfall for the last six months has had significant impact on the area in question, and thus the perceptions of on-site evaluations in recent months. It is actually a partial wetland. An evaluation of the vegetation will verify this. 3) As witnessed by Hennepin County court order of 4 August 1981 (DOC 1435432), that portion of said land which was at one time planned to be developed as roadway, was . All titled to the owner of Lot 10, Block 1, Pheasant Hills as an addition to that residential property, without any allusion to eventual creation of an additional residential lot. The undersigned believe it was the intent of city officials to increase the size of the existing residential property, and not to create an additional residential lot. 4) The development of the southern most parcel as proposed in the request for variance, will aggravate an existing drainage/run-off problem for the residences on Saratoga Lane, particularly 20 and 30 North. The city in recent years has undertaken cursory remedies to the flowage of run-off from Union and Saratoga Lanes, but has relied on the good nature and tolerance of past and current residents of these properties in postponing an ultimate cure. Should the area which now exists as a reservoir be developed, the ponding which results on the properties 20 and 30 N. Saratoga during periods of heavy rains and/or snow melt will be severely increased. The hazard and inconvenience created by a 1000 sq ft, 13" inch pond is undesirable. Any activities which contribute to an increase in this ponding are intolerable and irresponsible. Although the undersigned cannot assume Mr. Hertzenberg is or has been aware of item 4 above, it assumed that as a capable and knowledgeable property owner, he was aware of items 1, 2 and 3 at the time he purchased the property; i.e. that the southernmost portion of this property was, and is not, legally or practically, a candidate for separate residential development. The undersigned would also like to acknowledge the attempts of city officials to establish a desirable and responsible balance between development and the environment. Please recognize the woods and wetland area prised of undeveloped portions of the neighboring lots and condominium properties, constitutes an ideal habitat for wildlife. The individual contributions of Each property aw-ner :has created Collective benefits in quality of life and value of property, benefits which would be jeopardized by development of even a small portion. The wildlife which find this an ideal nesting area and/or habitat, including pheasants, ducks, raccoons, woodchucks, owls and an occasional red fox, would likely be driven from the area by construction activities. Such "neighbors", once driven away, will be slow to return, if ever. The undersigned would also like to point out that residences on Saratoga Lane, originally built in the early 1970's, have experienced severe settling conditions which have only recently diminished. Changes to the area's drainage and water table conditions by development of the area for which variance is requested, may resurrect the settling activities. It should be - 2 - noted that all of these houses were constructed using city approved drain and grade plans, plans which probably did not consider the eventuality of a radical change in the property for which the variance is requested. We welcome the opportunity to discuss this issue further with you, your associates in the city offices and other concerned parties. We share a respect and value for the rights and privilages of the individual and acknowledge the existence of the democratic process and legislation to balance them with the common good. We strongly believe this is a situation in which variance from the zoning restrictions in place (now and at time of Mr. Hertzenberg's purchase of the subject land) is not warranted or desired by the comunity. We thank you for your attention in reviewing our concerns, and again urge the planning commission to recommend to the city council that the request for variance, file 87017 be denied. Pw /u KI Ll'"Q; U-1 cc: % Plymouth City Virgil Schneider David Crain Jerry Sisk Robert Zatur Maria Vasiliou Blair Tremere Paul Steigerwald Bes r rdsi%'/ i Audrey L. Myer Herbert D. Myers 20 Saratoga Lane North 593-9684 Josephine Kilgore Anthony Kilgore 30 Saratoga Lane North 543-9273 '''f7lW��/ Kathy David Thomas 1 Saratoga Lane North 541-0393 Center - 3 - role rIJ 1/0 da fo'f070" Ja11 ,,2_ Pill