HomeMy WebLinkAboutCouncil Information Memorandum 02-23-19894 {p{
CITY OF
PLYMOUTR
CITY COUNCIL INFORMATIONAL MEMORANDUM
February 23, 1989
RECYCLING CASH DRAWING
February 23: No Winner
Next Week: $200 Cash Award
UPCOMING (MEETINGS AND EVENTS.....
1. PLYMOUTH FORUM -- Monday, February 27, 7:00 p.m. Plymouth Forum in
City Council conference room.
2. COUNCIL MEETING -- Monday, February 27, 7:30 p.m. Regular City
Council meeting in City Council Chambers.
3. MEETING CALENDARS -- Meeting calendars for February and March are
attached. M-3
FOR YOUR INFORMATION.....
1. LEAGUE OF MINNESOTA CITIES (LMC) PROPERTY TAX COORDINATING COMMITTEE
REPORT - We have received the report prepared by the Property Tax
Coordinating Committee. The Council may recall this "committee" was
comprised of the various lobbying interests representing local
municipal governments. Plymouth, along with many other suburban
communities, supported this project with a $2,500 contribution. Our
interests were represented by the Association of Metropolitan
Municipalities (AMM) and the Municipal Legislative Commission
(MLC). The report concludes with a statement of the major issues
and policy recommendations. The report is also accompanied by the
position statements of the several participants. I do not expect
that this report will lead to any sort of a unified approach in
seeking "property tax relief," but sets the stage for continuing
efforts to promote our position before the Legislature. Given the
composition of the Legislature, I do not hold out much hope for
meaningful tax relief to higher valued homes, which is the problem
confronting Plymouth homeowners. A copy of the complete report is
available for your review in my office. (I-1)
3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 559-2800
CITY COUNCIL INFORMATIONAL MEMORNDUM
February 23, 1989
Page 2
2. METROPOLITAN COUNCIL STATE OF THE REGION 1989 - Councilmember Bob
Zitur attended the Metropolitan Council State of the Region 1989 on
Wednesday, February 22. A copy of the "Challenging Complacency:
Change as an Ally" report of the Metropolitan Futures Task Force,
along with other materials of the seminar is on file in the
Manager's office for your perusal.
3. TENTATIVE 1989-1991 SETTLEMENT WITH POLICE OFFICERS - Negotiations
Tor a labor agreement with Police Officers commenced in duly. After
numerous negotiation sessions and three mediation sessions over the
last two months we have reached a tentative agreement with Police
Officers on a 1989-1991 labor agreement. In brief, the agreement
calls for a wage increase of between 3.0 and 5 percent, depending
upon a Police Officer or Investigator's pay step for 1989 and 1990.
Wages are reopened in 1991. A 16 -year step has been added commenc-
ing in 1989. The agreement also addresses the issues of clothing
allowance, health and dental insurance, disability, emergency leave,
and overtime. The City Council will be considering this item at the
March 6 meeting. In the meantime, we will be finalizing the labor
agreement for execution.
4. NORTHWEST EDITION - Northwest Community Television has begun
producing a new weekly program. "Northwest Edition" premiered
February 8 -- it's a regular news program fashioned after the local
affiliate news shows. Northwest Edition contains regular news,
features and sports segments as well as a short community calendar.
The program can be seen on channel 32 on Wednesdays at 5:30 p.m. and
10:30 p.m. and on Thursdays and Fridays at 7 a.m., noon, 5:30 p.m.
and 10:30 p.m.
5. MINUTES:
a. Planning Commission, February 1 and February 8, 1989. (I -5a)
b. Housing & Redevelopment Authority Annual Meeting, January 26,
1989. (I -5b)
6. OPENING MEETING LAW -- Attached is a memorandum from the City
Attorney's office summarizing three recent Minnesota Appellate Court
decisions concerning the Opening Meeting Law. (I-6)
7. RECYCLING GUIDELINES -- Included in the March/April issue of
Plymouth on Parade and also available as a separate information
handout flyer is the 1989 Plymouth Recycling Guidelines. A copy is
attached for the Council's information. (I-7)
CITY COUNCIL INFORMATIONAL NEMORNDUM
February 23, 1989
Page 3
8. LANDFILL SURCHARGE TAX -- The Hennepin County Board will hold a
public hearing on March 9 to amend its landfill surcharge fee for
mixed municipal solid waste. The amendment will raise the $.25 per
cubic yard fee to $2.00 per cubic yard. A copy of the notice is
attached. (I-8)
9. GOOD NEWS DULUTH -- The attached article from the February 11
edition of The Duluth News -Tribune reports on the "welcome decline"
in 1989 property tax bills for St. Louis County. (I-9)
10. ELECTRIC SHORT LINE RAILWAY -- Attached is a copy of the September,
1914 time table for the Electric Short Line Railway passenger
trains. Highlighted in the time table is Parkers Lake, "with its
beautiful sandy beach and wooded shores.... spacious pavilion..,"
Medicine Lake - 11140 acres of picnic grounds", and Gleason Lake .
(I-10)
11. STAFF FOLLOW-UPS:
a. Research on Proposed Adult Book Store Ordinance - Attached is a
memorandum from Blair Tremere, Director of Planning and
Community Development, concerning the status of research on a
proposed adult book store ordinance. (I -Ila)
b. Community Based Residential Facilities Study - Attached is a
memorandum from Blair Tremere, Director of Planning and
Community Development, concering the status of research on
community based residential facilities. (I-llb)
12. CUSTOMER COMMENT LINE: Attached is a memorandum from Helen LeFave
regarding a call received on the Customer Comment Line on
February 21 concerning the proposed community center. (I-12)
13. BZ CORRESPONDENCE -- I have received the following correspondence on
City departments or employees:
a. Letter from Bradley J. Beard, Institute for Athletic Medicine,
thanking Officer Craig Lindman for his assistance. (I-13)
14. CORRESPONDENCE:
a. Letter from Mayor Schneider mailed to Plymouth
commercial/industrial businesses on 1989 recycling collections
and thanking them for their participation in the City's
recycling program. (I -14a)
CITY COUNCIL INFORMATIONAL NENORNDUM
February 23, 1989
Page 4
b. Letter from Councilmember Bob Zitur congratulating Mayor Larry
Donlin, City of Minnetonka, on his receipt of the Regional
Citizen Award at the Metropolitan Council State of the Region
meeting. (I -14b)
c. Letter from Fred Moore, Director of Public Works, to property
owners concerning public information meeting on County Road 6
improvements. (I -14c)
James G. Willis
City Manager
JW:kec
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I-1
MAJOR ISSUES AND POLICY RECOMMENDATIONS
The cities involved in the League Coordinating Committee
project shared many concerns about the 1990 law. For example, most
of the aid programs in the law for 1990 were frozen and some were
reduced from 1989 levels. The cities involved in the project were
concerned about the implications of this for the state's continuing
commitment to providing property tax relief.
A second major area of agreement related to eliminating
transition aid. The committee recommended that transition aid
should be eliminated and the state's property tax relief funding
should be reallocated among other programs, such as homestead
relief targeted directly to homeowners, a tax base equalization aid
and local government aid (LGA). This change could provide for
eliminating the lower net tax capacities on homes and assure that
the amount of tax relief for homeowners shown on the tax statement
would be equal to the amount of relief paid for by the state.
Although the city groups involved in the League Coordinating
Committee project shared many concerns, there were also differences
that had to be discussed and negotiated. For example, some of the
participants felt that providing additional relief in 1990 for
moderate and high value homes was a very high priority. Other
cities emphasized the need for an ongoing program to provide tax
base equalization and relief for businesses and apartment proper-
ties. Finally, some but not all, of the representatives on the
Committee felt that the distribution of additional state -paid
property tax relief between the metropolitan and nonmetropolitan
areas of the state was an important issue.
The research and discussions during the.Coordinating Committee
meetings often focused on these issues. The following general
policy recommendations reflect the positions and priorities of the
various groups. Although each of the participants may support
these policy recommendations, the priorities vary among the groups
involved. Some issues, such as the distribution of state money
between the metropolitan and nonmetropolitan areas of the state,
have not been addressed in these policy recommendations because no
general agreement was reached on that issue.
A second major issue discussed by the Committee but not
addressed by the policy recommendations is the appropriate tax base
for calculating education aids and levies. Some of the cities
involved in the project believe that education aids should be
calculated based on net tax capacities. Others believed that gross
tax capacity is the appropriate tax base measured. -
Unless the current law is changed, the education aid formulas
will switch from gross to net tax capacities in 1991, causing some
tax burden shifts. An analysis of this is included in the section
of the report on the 1990 law. The League's policy recommendations
would result in eliminating the differences between net and gross
tax capacities for homes. That would largely eliminate this issue.
35
1'1
For this reason, there is no need to address this issue in the
context of this report and the League Coordinating Committee
recommendations.
POLICY RECOMMENDATIONS
Level of State Funding
1. Total state funding for property tax relief should increase
at least at the rate of inflation to prevent net property tax
burdens from increasing at a much more rapid rate. For taxes
payable in 1990, state funding for property tax relief
programs other than education aids should be at least 5%
higher than the funding for those property tax relief programs
in 1989.
Property Tax Burdens
2. The difference between tax burdens on high value homes and tax
burdens on low value homes should be reduced. This should be
accomplished by reducing taxes on higher valued homes, but
without increasing tax burdens on low valued homes. It would
be desirable to eliminate or reduce the difference between the
split classifications for homesteads.
3. Property tax relief for business property is important for
1990. Although the property tax changes for 1989 provided
some relief for businesses in Greater Minnesota, there is
still significant variation in tax burdens, and business
property taxes are generally too high.
4. Propertv tax burdens on nonhomestead residential and apartment
buildings should be reduced from their current high levels
High property taxes on these properties, combined with the
impact of federal tax and housing policy changes, discourage
maintenance and in some areas of the state may result in a
shortage of affordable housing.
5. Farm property taxes should not be increased due to changes in
the property tax system. However, reductions in farm taxes
are not a high priority in 1990.
Structure of the Property Tax System
6. The amount of relief provided to homeowners and shown on the
property tax statement should be equal to the amount of relief
Paid for by the state. The mechanisms for providing relief
for homeowners should be visible and understandable to the
taxpayer, to local government officials and to legislators.
36
1---L
7. Programs such as transition aid that do not have a clear
rationale and that are not easily understood should be
eliminated. If transition aid is eliminated, other adjust-
ments to the property tax system should be made as needed to
prevent large tax increases or tax burden shifts.
8. With the elimination of transition aid, the state's propert
tax relief funding including any increased funding, should
be reallocated to assure acceptable outcomes for taxpayers and
local governments. For example, funding could be divided
among the following major types of programs:
a. a homestead relief program designed to provide
relief directly to homeowners (this should be
combined with the elimination of the lower net tax
capacities on homes);
b. a new tax base equalization program to help equalize
the ability of local governments to finance local
government services; and
C. local government aid increases at the 1990 levels
or above distributed through the current or a new
LGA formula.
The combination of programs, their structure, and the alloca-
tion of funding among those programs should be based on state
policy objectives, desired taxpayer outcomes, and the amount
of state money available.
9. Disparity reduction aid amounts should be grandfathered.
Future programs to reduce disparities should rely on tax base
equalization or other formulas, such as homestead aid or LGA,
rather than additional tax rate equalization or tax rate buy -
downs.
10. The state take-over of county welfare costs should not be
considered as an element of the property tax relief system
even though it may provide some property tax relief. The
impact of a state, takeover of county welfare costs on property
taxes should not be considered unless counties are required
to reduce their levies to reflect additional state funding.
Property tax relief money should not be reallocated to pay for
county welfare costs.
11. The Dotential state take-over of county court costs should not
be considered a property tax issue or a property tax relief
program. The impact of a state take-over of county court
costs on property taxes should not be considered unless
counties are required to reduce their levies to reflect the
additional state funding. Property tax relief money should
not be reallocated to pay for county court costs.
37
1—�L
Levy Limits and Truth in Taxation
12. Truth in taxation may help citizens become better informed
about the uses of their property tax dollars. Truth in
taxation should be extended to the state so that citizens are
also informed about the impact of state decisions on their
property tax burdens.
13. Levy limits are not an appropriate method for the state to
reduce future year property taxes or to prevent property tax
increases. Elimination of levy limits should be considered
if other less arbitrary ways can be found to assure that
increased state aid is actually used to provide property tax
relief to taxpayers.
Note: Policy statements 12 and 13 are generally consistent with
the more detailed policies adopted by the League of
Minnesota Cities regarding Truth in Taxation and levy
limits. These League policies are included in the
appendix.
January 3, 1989
M
1-1
POSITION STATEMENTS
OF PARTICIPANTS
39
0 1 1
0
0
® �i
o '
0
as ociation of
Board of Directors me ropolitan
oPresident municipalities
Gary W. Bastian
Maplewood January 19, 1989
0
Vice President
Waller R. Fehst
RoOhinsdale ASSOCIATION OF METROPOLITAN MUNICIPALITIES
o Past President
Hell W. Peterson POLICY POSITIONS ON
Bloomington
Directors LMC COORDINATING COMMITTEE RECOMMENDATIONS
Mentor Addicks, Jr.
Minneapolis The Association of Metropolitan Municipalities supports in
Karen Anderson concept the set of major recommendations developed by the
Minnetonka LMC Coordinating Committee Task Force comprised jointly by
the various groupings of cities. However, the AMM does have
Larry Bakken specific concerns that should be emphasized in any Property
Golden Valley Tax Reform legislation. The AMM is especially concerned
Mark 8ernhardson that metro/suburban residents be provided sufficient
Orono homestead relief to offset the increasing property tax
Edward Fitzpatrick burden that reflects a disproportionate tax liability on
Fridley middle class homeowners. The AMM also will support the
concept of limited equalization if it is related to need or
Mendottaa Heights Kevinespending patterns but not if it simply relates to property
values or tax rates.
Carol Johnson
Minneapolis 1. Tax Statement Correctness. Regardless of what final
Sharon Klumpp product is developed, the property tax statement should
Oakdale indicate the actual state paid aids or credits. The amount
Robert C. long shown should equal the amount actually paid to one or more
St. Paul local units of government.
' Diane L. Lynch 2. Homestead Relief. The disparity in amount of taxes
Sl. Paul paid by low valued homes and mid to high valued homes is
Gerald Marshall growing especially in the metro area. This is creating an
Brooklyn Park inequitable property tax burden for middle class homeowners
Donald Ramstad in the metro area whose house values are artifically high
Maple Grove compared to many outstate areas. Therefore, to help assure
William Saed that homeowner relief be continued in the metro area, a
1 Inver Grove Heights homestead relief program must be a major part of any
1 property tax reform. It is already apparent that transition
Henry 0.Sfnda aid, the supposed replacement, is tenuous at best. Many
'
New Brighton organizations plus some legislative discussion has mentioned
1 Leslie C. Turner using that aid money as relief funds for some other specific
1 Edina purpose, thereby increasing the odds that the distribution
Gloria Vierling pattern could change drastically.
1 Shakopee
1 Executive Director
Vern Peterson
41
1 183 university avenue east, st. paul, minnesota 55101 (612) 227-4008
1
3. Limited Equalization. The AMM does support
equalization to some degree, however pure equalization on
the property base or some other base without tying it to
need or expenditure patterns is irresponsible and may tend
to cause additional spending without appropriate
responsibility.
4. Metro Versus Outstate Relief. Past trends show an
increasing disparity in taxes raised versus aids and credits
dispersed in the Metro Area. The most recent statistics for
taxes payable 1987 as published by House Research indicate
that 65.1% of the states taxes are collected in the metro
area while only 45.6% of the aids and credits are returned.
This imbalance may increase significantly in 1988 and 1989
based on recent tax and school bills. In addition, a
recent Revenue Department report indicates the net effective
tax rate for major property types is higher in the metro
area.
The Minnesota Department of Revenue has estimated net tax
rates for 1989 to be 27% higher for Homesteads, 9% higher
for apartments, and 11% higher for commercial/industial
property in the metro area. Property tax reform must
consider this imbalance and begin correcting the current
inequity that burdens all metro residents.
42
COALITION OF GREATER MINNESOTA CITIES POSITION ON T
LEAGUE COORDINATING COMMITTEE RECOMMENDATIONS L
The Coalition of Greater Minnesota Cities ("CGMC") believes
that the League Coordinating Committee project was a valuable
effort. The research contributed to the Committee's understanding
of the 1990 law, and the discussions among Committee members helped
to define the issues on which there are important differences among
city groups. This improved understanding of the issues should help
cities be more effective participants in the legislative process.
CGMC supports most of the policy recommendations adopted by
the League Coordinating Committee as one of several possible ways
to address concerns regarding the 1990 law. Of course, the
Coalition's priorities may differ from other members of the
Committee. The following position statement emphasizes some of the
issues and priorities that are particularly important to CGMC.
1. The Need for Tax Base Equalization. CGMC believes that 1990
law is flawed primarily because it does not contain an ongoing
tax base equalization program. Tax base equalization is
important because of the great variation in property wealth
among different communities. The lack of such a program is
the most important missing element in the law for 1990.
2. Priorities for Property Tax Relief. Property tax relief for
commercial/industrial and apartment properties should be the
highest priority in 1990. Relief for businesses is especially
important in Greater Minnesota because high property tax
burdens continue to be an obstacle to economic development and
economic recovery.
3. Homestead Taxes. Relief for homesteads is not a priority for
the Coalition of Greater Minnesota Cities this year.
Nevertheless, CGMC would not oppose modest additional relief
for mid -value homes again in 1990 if it is part of a balanced
package of property tax relief that also provided substantial
relief for business and apartment properties in Greater
Minnesota. Taxes on low -valued homes should not be increased
by the property tax system changes enacted this year.
4. League Coordinating Committee Recommendations The key League
1 Coordinating Committee recommendations relate to the
1 elimination of transition aid and reallocation of that funding
1 to new homestead aid and tax base equalization aid programs.
1 Some of the property tax system alternatives considered by the
1 League Coordinating Committee also incorporated these ideas.
These new programs combined with LGA increases through the
1 current or a new formula could provide a balanced package of
1 property tax relief. The most important element of any of the
1 proposals considered by the League is the tax base
1 equalization aid program that was incorporated into each. The
1 Coalition reserves judgement and its support for any specific
1 proposal until the specifics of that proposal have been
analyzed using the most current data available to determine
1 whether it results in acceptable impacts on taxpayers.
1
1
1 Adopted by the Coalition of
1 Greater Minnesota Cities
43
January 18, 1989
PROPERTY TAX REFORM: POSITION OF THE CITY OF MINNEAPOLIS
1. The City supports the statement of Major Issues and Policy
Recommendations developed by the League of Minnesota Cities
Property Tax Coordinating Committee.
' 2. Any legislation implementing the Policy Recommendations should
accomplish these goals, listed in order of priority: 1) The
tax burdens on average and low value homes in Minneapolis
should not be increased; 2) The property tax burdens on
nonhomesteaded residential and apartment buildings in
Minneapolis should be reduced if there is some legal assurance
that any property tax relief will be used to maintain and
' improve the property; 3) Property taxes on higher value homes
in Minneapolis should be reduced; and 4) Property taxes should
be reduced on commercial property in Minneapolis.
3. The current formula for LGA should be retained in 1990
resulting in a nearly $7 million increase in LGA over 1989
levels, and an LGA program should continue after 1990 to allow
the City to finance local government services without causing
unacceptable property tax burdens on taxpayers.
44
AFFIRMATIVE ACTION EMPLOYER
I1
Ainnesola Association of Small Cities
611 Iowa Avenue
P.O. Box 122
Staples, MN 56479
(218) 894-3278
MINNESOTA ASSOCIATION OF,SMALL CITIES
POSITION ON LEAGUE COORDINATING COMMITTEE
POLICY RECOMMENDATIONS
The Minnesota Association of Small Cities can support most
of the property tax policy recommendations adopted by the League
Coordinating Committee. We believe this effort was done in good
faith by all entities involved and that there are many issues we
all can agree upon. However, our emphasis on particular issues
may differ from those of other committee members.
As we have made clear from the outset, one of the biggest
concerns we have regarding the 1990 tax law is that it excludes
cities of 2,500 and under from the Alternative Aid Formula.
Although some of the policies adopted by the Coordinating
Committee may work to correct this inequity, it is not stated
explicitly anywhere in the document. Among our other priorities
are tax relief for apartment and commercial/industrial
property and the need for an ongoing tax base equalization
program.
We believe that several of the illustrations developed by
Briggs and Morgan had the potential to meet the needs of
cities while taking into account concerns expressed by
Legislators. However, the group was not able to agree on one
specific illustration nor have the time to refine any of them.
45
Making big things happen for small citiesl
M
'rMUNICIPAL
LLEGISLATNE
COMMISSION
I-1
►5oo Northland Plaza
3800 West 80th Street
Bloomington. Minnesota 55431
(612) 893-6650
MUNICIPAL LEGISLATIVE COMMISSION'S POSITION
REGARDING THE LMC TAX COORDINATING COMMITTEE
REPORT AND RECOMMENDATIONS*
The Municipal Legislative Commission (MLC) is a group of 15
metropolitan suburbs representing more than 570,000 Minnesota
residents. Property tax burdens on these residents have been
increasing at an alarming pace during the past few years.
Therefore, the MLC has taken a keen interest in property tax
reform, making it our number one priority during the 1989
legislative session.
A major purpose of joining the League of Minnesota Cities Tax
Coordinating Committee was to attempt in good faith an effort to
arrive at consensus among all city organizations. This effort
produced several recommendations with which we agree and others
with which we could not agree. The MLC submits the following
policy statement as its response to the Coordinating Committee's
recommendations.
The MLC's highest legislative priority in 1989 is to reduce the
tax burdens on homes which exceed $68,000 of market value. We
believe that the Coordinating Committee's report did not go far
enough in addressing this problem. Additional tax relief
dollars must be directed toward areas with a concentration of
mid and high valued homes. The MLC endorses the Coordinating
Committee's recommendation to reduce the tax capacity on homes
over $100,000 from 3.3% to 2.8%. We also agree with reducing
the tax capacity of homes between $68,000 and $100,000 from 2.5%
to 2.0%. In the future the MLC will strive to enact legislation
which will eliminate or reduce the difference between these
split classifications on homes.
The MLC does not endorse the concept of tax -based equalization
aid (TBEA) as proposed in the Coordinating Committee's
recommendations. This form of aid will increase rather than
decrease the disparities between tax burdens in the Metro Area
compared to tax burdens in Greater Minnesota. The MLC can
endorse the concept of homestead aid rather than a homestead
credit but will support the retention of the homestead credit if
the legislature re-enacts this property tax relief program for
homeowners.
The MLC believes that the legislature, as a policy, should
direct state -paid relief dollars to the area of the state where
tax increases are projected to occur in 1990. Only by adhering
to this policy will the disparities be reduced between metro and
non -metro areas.
* Subject to Approval by the Municipal Legislative Commission's
Board of Directors which will meet on February 2, 1989.
Member Cities: Bloomington, Brooklyn Pariz, Bumsville, Eagan.
Eden Prairie. Edina, Inver Grove Heights. Maple Grove. Maplewood. Minnetonka,
Plymouth. Poscville. ",horeview. White Bear Lake. Woodbury
47
0
0
a
0
0
0
0
A
0
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0
0
0
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A
0
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0
1
CITY OF SAINT %-AUf.
OFFICE OF THE MAYOR
till
a
f3
347 CITY HALL
SAINT PAUL, !MINNESOTA 55102
GEORGE LATIMER (612) 298.4323
MAYOR
SAINT PAUL POSITION ON THE LEAGUE PROPERTY TAX
COORDINATING COMMITTEE REPORT AND RECOMMENDATIONS
1. The League of Minnesota Cities Coordinating Committee
The League is to be complimented on its efforts to
educate, coordinate and build consensus on the various
property tax reform measures between the several
representatives of member cities' groups. The City
believes that the policy recommendations adopted by the
participants are the best consensus that could be
achieved, given the disparate interests represented by
the several Committee members.
2. Homestead Aid. While the City generally supports the
process used to educate, coordinate and build consensus
on the various property tax reform measures, it is
disappointed that the alternatives that were most
vigorously pursued by the Committee were weighted on the
side of increasing the amount of funding for the
Homestead Aid proposals, rather than the Equalization
Aid proposal. Some Committee members were insistent upon
"sweetening the Homestead Aid pot", without recognizing
the fact that a major concession was made by other
Committee members, including Saint Paul, which did not
"wholeheartedly support" the concept of Homestead Aid.
3. The 1990 Law. The City generally supports the
continuation of the 1990 Law, or a comparable
alternative, which still provides some relief to
homeowners, but not at the expense of increasing taxes
on Commercial/ Industrial, Non -Homestead and Apartment
properties.
4. Tax Base Equalization. The City prefers the Tax Base
Equalization concept as the most equitable means of
providing meaningful property tax reform. We would rather
target the limited amount of State funds, that may be
available, to general tax base equalization.
5. Property Tax Reform Support. The City supports a property
tax formula which will provide relief to Commercial/
Industrial, Non -Homestead and Apartment properties; and
that will reduce the disparity of tax burdens between
high- and low -value homesteads. If the current amount of
6�pa6
49
-1'1-
(SAINT PAUL POSITION continued)
additional State funding fo
at the level discussed by th
City supports decreasing
provide additional funding
will provide more relief
properties.
January 17, 1989
50
r property tax relief remains
e Committee, $90 million, the
Homestead Aid in order to
for Equalization Aid, which
to the City's priority
CITY OF PLYMOUTH
SPECIAL PLANNING COMMISSION MEETING
FEBRUARY 1, 1989
The Special Meeting of the Plymouth Planning Commission was
called to order at 7:30 p.m.
MEMBERS PRESENT: Chairman Plufka, Commissioners Marofsky,
Tierney, Stulberg, Zylla and Wire (arrived
at 7:46 p.m.).
Also present was Commissioner -Designate Hal Pierce.
MEMBERS ABSENT: NONE
STAFF PRESENT: Community Development Director Blair
Tremere, Community Development Coordinator
Charles Dillerud, and Associate Planner
Al Cottingham.
*MINUTES
MOTION by Commissioner Stulberg, seconded by Commissioner
Tierney to approve the minutes for the January 18, 1989
Planning Commission Meeting, as submitted.
Vote. 6 Ayes. MOTION carried. Commissioner Wire was not
present to vote on this issue.
Commissioner Marofsky inquired as to the receipt by the
Planning Commission Members of City Council Minutes.
Director Tremere indicated he would trace any problems that
may have developed in the distribution and be sure the
Commissioners continue to receive those minutes.
Director Tremere reviewed with the Commissioners the
progress that had been made at the previous (January 18,
1989) meeting. He pointed out the importance of the
Commission first reviewing the textual sections of the Land
Use Guide Plan. He reminded the Commission of the City
Council's earlier direction in regard to concepts contained
in the Land Use Guide Plan text that should be reviewed.
These concepts in need of review included a combination of
some of the guide plan use classifications; and review of
the entire community structure concept, including concepts
of walking and driving neighborhoods.
Chairman Plufka suggested the Commission begin at the first
page of the Land Use Guide Plan text, and raise whatever
issues with respect to the contents of the text that were
considered in need of review or discussion.
1 - S�k
MOTION TO APPROVE
VOTE - MOTION CARRIED
Planning Commission Minutes
February 1, 1989
Page 26
Commissioner Stulberg questioned whether the linkup between
walking neighborhoods and the resulting driving
neighborhoods was still valid. If there was a building
block involved in the creation of the existing driving
neighborhoods, do those neighborhoods reflect an economic
reality to date?
Chairman Plufka indicated that there are logical driving
neighborhood barriers. While those barriers may not always
be clear from a physical nature, there is a certain "feel"
that tends to draw lines of reality on any community map.
He referred to the tendencies of people residing on either
side of Interstate 494 with regard to their shopping habits
at the I-494 and County Road 9 intersection. He noted that
those west of I-494 tended to shop at the convenience center
west of the Interstate and those living east of the
Interstate tended to shop at Cottonwood Plaza. Even though
a vehicle had no difficulty crossing the Interstate it
became a "natural" barrier.
Chairman Plufka stated that he was not certain the current
community structure concept recognizes those de facto
barriers.
Director Tremere commented that there may be the need for a
driving neighborhood criterion that this class of
neighborhood could not be bisected by a major thoroughfare.
He summarized community structure discussion by raising the
question of whether the existing criteria for the driving or
walking neighborhoods remain valid. He further questioned
whether the walking and/or driving neighborhoods, as
currently defined, really meet the criteria that had
previously been established. He suggested that both those
issues were potentially in need of review at this time.
Commissioner Wire indicated that it may be reasonable to
change the name of walking neighborhoods but he felt the
characteristics of those neighborhoods would stay the same,
and that structure has formed the basis for everything that
has been done in Plymouth to date with respect to land
planning.
Commissioner Stulberg agreed that there appeared to be
little problem with the existing neighborhood boundaries and
definitions. He questioned what the Commission would
propose be done if it were determined that a specific
walking neighborhood was not responsive to the walking
neighborhood criteria.
Chairman Plufka commented that he could not see how the Elm
Creek Driving Neighborhood could be served by a single
retail service area, since it extended all the way from the
north City boundary to a point south of Highway 55.
Planning Commission Minutes
February 1, 1989
Page 27
Commissioner Marofsky and Commissioner Tierney suggested the
Commission direct the staff to review all driving
neighborhoods against the existing criteria without
reference to the "aggregation of walking neighborhoods"
criterion. It was also suggested that staff recommend any
additional criteria that should be considered for the
definition of driving neighborhoods.
Commissioner Zylla questioned the meaning of any problem
that the staff might report to the Commission with respect
to the description of current driving neighborhoods.
Director Tremere indicated that staff, based on its
analysis, would come back to the Planning Commission with a
updated narrative description of each neighborhood and
suggested map changes.
Commissioner Marofsky indicated that the staff should also
make a determination and recommendations with respect to
whether the correct amount of land was guided properly to
fit criteria defining a driving neighborhood. For instance,
a driving neighborhood may be short of necessary service
commercial guiding.
It was the consensus of the Commissioners that the staff be
directed as suggested by Commissioners Marofsky and Tierney
concerning the review of driving neighborhood criteria.
Chairman Plufka then reviewed the concept of "community,"
particularly with respect to the description of "Downtown
Center Area" on page 5 of the Land Use Guide Plan text. He
noted that it was his opinion that the idea of a downtown in
a commercial sense was a concept that no longer had
validity. He pointed to the substantial commercial areas
west of County Road 18 on Highway 55 and at I-494 and County
Road 9 as reasons that there would not be a downtown
commercial center of any greater scale than a neighborhood
shopping centers found elsewhere in the community.
Commissioner Marofsky suggested a change in the wording on
page 5 under "Downtown Center Area" where the word "City"
would be substituted for the word "downtown," and words
"would be grouped around the community retail center" would
be deleted. He then suggested adding to the end of the last
sentence of this paragraph the words "including retail
services."
It was the consensus of the Planning Commission that the
adjustments suggested by Commissioner Marofsky were
appropriate.
The Chairman then directed the Commissioners to a review of
the Land Use Guide classifications contained in the Land Use
Guide Plan text. He questioned the reality of the LA -R
Planning Commission Minutes
February 1, 1989
Page 28
district. He suggested the need for a new guide plan
classification that would reflect, if the community desires,
a large lot residential development district, not related to
the timing of the availability of sanitary sewer services.
He observed that the current LA -R land use district was in
reality a "holding zone" rather than a distinctive land use
classification in the same context as the balance of the
classifications.
Director Tremere reviewed with the Planning Commission the
history of the LA -R classification, indicating that it was
designed as a method to address that portion of the City
that was outside the Metropolitan Urban Service Area line
that was established by the Metropolitan Council. He
indicated that there may be basis to now provide
"conventional" guiding outside the Metropolitan Urban
Service Area line and control the planning of development
through the Capital Improvements Program alone. He
cautioned the Commissioners to carefully consider the
ramifications of the MUSA line.
Mr. Pierce observed that the treatment of zoning and
development controls in rural type areas can have an
extensive impact on future property owners, as five acre
parcels created in response to rural type zoning today
become tax and assessment liabilities to their owners in the
future.
Commissioner Stulberg observed that the City now has 14.2
percent of its total land area in the LA -R guide plan
classification. He suggested a question related to how much
of the City, by percentage, is appropriate in a rural type
guiding.
Questions raised by several Commissioners concerning the
residential land use classifications included the following:
1) Should allowance be made for lots smaller than 18,500
square feet in conventional developments? 2) Is it
advisable to consolidate some of the residential use
classifications? 3) Would it be reasonable to use Planned
Unit Development alone for the LA -3 and LA -4 use
classification areas?
Commissioner Stulberg observed that the residential use
districts are probably appropriate in number, but perhaps
the proportions of the land of Plymouth guided in the
various residential use districts are incorrect. He
questioned how one determined what was correct.
Chairman Plufka summarized what had been covered this
evening and asked Commissioners when a convenient meeting
time would be to again discuss the Land Use Guide Plan.
Planning Commission Minutes
February 1, 1989
Page 29
It was the consensus of the Commission that they would
desire a study meeting to discuss the Land Use Guide Plan
issues at 5:30 p.m. on February 22, 1989.
Chairman Plufka adjourned the meeting at 10:15 p.m.
CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
FEBRUARY 8, 1989
MEMBERS PRESENT: Commissioners Michael Stulberg, Dennis
Zylla, Larry Marofsky, Joy Tierney, Hal
Pierce, and John Wire.
MEMBERS ABSENT: Chairman Richard Plufka.
STAFF PRESENT: Community Development Coordinator Charles
E. Dillerud, Assistant Engineer John
Sweeney, and Planning Secretary Jackie
Watson; Community Development Director
Blair Tremere arrived later.
*MINUTES
The meeting was called to order by Vice Chairman Michael
Stulberg at 7:30 p.m.
MOTION by Commissioner Marofsky, seconded by Commissioner
Tierney to approve the minutes with the following changes
suggested by Commissioner Marofsky.
On Page 18, the 4th paragraph, change the current square
footage total from 373 square feet to 808 square feet.
On Page 20, change the word "Seward" to "sewered."
On Page 21, change the 2nd sentence from 1/3 acre to 1/3
mile.
On Page 22, 7th paragraph, last sentence, change the word
"residential" to "industrial."
VOTE. 4 Ayes. Commissioners Wire and Pierce abstained.
MOTION carried.
Vice Chairman Stulberg introduced the request of Rudolph
Marti/Domino's Pizza.
Coordinator Dillerud presented the January 31, 1989 Staff
Report. He explained the Conditional Use Permit renewal
process, where when changes to the previous conditions were
requested, the issue must be brought before the Planning
Commission and City Council. This is the case with this
request.
Coordinator Dillerud also read a letter from St. Joseph's
Parish (which is located east of Domino's Pizza) that was
received after the packets were delivered to the
1=s�,
MOTION TO APPROVE
VOTE - MOTION CARRIED
RUDOLPH MARTI/DONIMO'S
PIZZA CONDITIONAL USE
PERMIT FOR J & R PIZZA
INC. (87089)
s s�k
Planning Commission Minutes
February 8, 1989
Page 31
Commissioners. The letter informed the staff that Domino's
Pizza drivers were using the church parking lot as an exit
onto the highway. The letter also said that trash in their
parking lot was blown in from the Cotton Club and that
Cotton Club patrons trespassed in their parking lot.
Coordinator Dillerud explained the traffic situation at this
intersection. In 1986 an easement was provided to the
church for access to County Road 9. The access was created
because of the median placed on County Road 9 and is an
easement for the church only.
He also said that he talked to Mr. Marti expressing the
concern of St. Joseph's Parish. Mr. Marti said he would
discuss the situation with his employees.
Coordinator Dillerud told the Commission that he went out
and parked in the church parking lot prior to the meeting
this evening. He observed that most cars wishing to exit
onto Highway 9 going east, north or southbound used the
church parking lot exit instead of the Vinewood Lane exit.
The only vehicles that didn't use it while he was watching
were the Domino's Pizza trucks.
Coordinator Dillerud suggested the Commission recommend
approval of the Conditional Use Permit request with a change
in Condition #6 adding "except that this permit be reviewed
in 6 months to determine compliance with a prohibition to
the use of access across St. Joseph's Parish property." If
compliance is met, the permit can be extended for another 6
months without any additional fee to be paid.
Vice Chairman Stulberg introduced Mr. Ralph Marti, the
petitioner. Mr. Marti said he was not aware of the
easement. He also said that he had already discussed the
situation with his drivers and that they would not use the
church parking lot.
Commissioner Marofsky said that there is a 40 percent excess
of parking spaces at the Cottonwood Plaza because the
ordinance was changed after the construction. When
constructed, the ordinance stipulated 10 parking stalls for
every 1,000 square feet. It was later changed to 6 parking
stalls.
Mr. Marti felt the parking for the Domino's drivers was
adequate. Mr. Marti said that the employees park their
personal vehicles out away from the businesses in the
Cottonwood Plaza.
Commissioner Pierce asked how many drivers are waiting to
deliver pizzas at a given time. Mr. Marti said it varies
depending on the volume of business.
Planning Commission Minutes
February 8, 1989
Page 32
Commissioner Tierney questioned the safety of the Vinewood
Lane exit from the Cottonwood Plaza. Mr. Marti explained
that it was much better for everyone to exit through the
church parking lot. He said the visibility for traveling
eastbound was much better than using Vinewood Lane.
Commissioner Stulberg asked Mr. Marti when he'd had to
increase the number of drivers needed beyond what was
allowed in the Conditional Use Permit. Mr. Marti replied
that it was about 8 months ago. Commissioner Stulberg also
asked Mr. Marti if the company had a speeding policy. Mr.
Marti said the policy was termination for speeding.
Vice Chairman Stulberg opened the Public Hearing. There was
no one to speak on the issue. Vice Chairman Stulberg closed
the Public Hearing.
Commissioner Marofsky suggested that the easement for St.
Joseph's Parish be looked at by the Planning Commission.
The consensus of the Commissioners was to direct staff to
review the matter of access from the shopping center
through the church property.
MOTION by Commissioner Wire, seconded by Commissioner
Tierney to approve the Conditional Use Permit subject to the
conditions listed and changing condition #6 to be a 6 month
review.
Roll Call Vote. 5 Ayes. Commissioner Marofsky abstained.
Vice Chairman Stulberg asked staff when the Conditional Use
Permit would go to the City Council. Coordinator Dillerud
replied that it would be on the February 21, 1989 agenda.
Vice Chairman Stulberg introduced the request of Holzer's
Imported Car Service for A Conditional Use Permit and Site
Plan for an Automobile Service Facility.
The reading of the January 31, 1989 Staff Report was waived.
Vice Chairman Stulberg introduced Zack Johnson of Scott
Builders Inc. representing the petitioner. Mr. Johnson
stated that he had no questions or comments on the Staff
Report.
Commissioner Marofsky questioned whether staff reviewed the
Conditional Use Permit to see if they were extending a legal
nonconforming use. Coordinator Dillerud replied that this
was looked at; that the noncomformance was related to
structure and site, not use; and, no extension of
nonconformance - in fact some reduction - was no proposed.
1.- So, -
MOTION TO APPROVE
VOTE - MOTION CARRIED
HOLZER'S IMPORTED CARS
SERVICE CONDITIONAL USE
PERMIT AND SITE PLAN
(88143)
-r s�.
Planning Commission Minutes
February 8, 1989
Page 33
Commissioner Marofsky also asked whether the increase in the
value of the property would have to be compensated if a
future street improvement project would require purchase of
this site. Coordinator Dillerud said it would be if the
value actually was increased.
Commissioner Zylla asked about the previous rezoning of the
property. Coordinator Dillerud gave a brief summary of the
property zoning and use history.
Vice Chairman Stulberg asked Mr. Johnson whether it was
understood by Holzer's that there was to be no sales on the
property. Mr. Johnson agreed and stated that the business
would be strictly automobile repair.
Ms. Betsy Firth, Business Manager, stated that from time to
time vehicles are sold for customers on consignment.
Coordinator Dillerud replied that the Conditional Use Permit
is strictly for automobile repair and that no outside sales
of any kind would be allowed. He stated that the
Conditional Use Permit could be extended to cover sales but
this had not been requested.
Mr. Johnson stated that he is in agreement with the
stipulation of the Conditional Use Permit denying any
outside sales, and that no sales of any type are permitted.
Commissioner Marofsky asked Mr. Johnson about the location
of the handicapped parking spot on the premises. He said it
should be closer to the entrance rather than across the
parking lot.
Mr. Johnson said that if the handicapped parking stall was
closer to the building it would interfere with the service
doors. He stated that customers are serviced by appointment
only and that they drive into the garage before exiting
their vehicles.
Vice Chairman Stulberg opened the Public Hearing. There was
no one to speak on the issue. Vice Chairman Stulberg closed
the Public Hearing.
MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO APPROVE
Wire to approved the Conditional Use Permit subject to the
12 conditions listed in the Staff Report and changing
condition #10, first sentence, to read "There shall be no
outside or inside display or sales, and no outside storage
of vehicles."
Roll Call Vote. 6 Ayes. MOTION carried. VOTE - MOTION CARRIED
Vice Chairman Stulberg asked when this item would go to the
City Council for approval. Coordinator Dillerud replied
that it would be on the February 21, 1989 agenda.
Planning Commission Minutes
February 8, 1989
Page 34
Vice Chairman Stulberg introduced the request of OPUS
Corporation/Tennant Corporation for an Amended MPUD Concept
Plan and MPUD Preliminary Plat/Plan, Conditional Use Permit
and Rezoning.
Coordinator Dillerud presented the January 30, 1989 Staff
Report.
Commissioner Marofsky said his calculations show that the
industrial use is only 19 percent. His understanding is
that the ordinance for industrial zones specifies that no
more than 50 percent can be used for offices. He also
questioned whether staff had any response from the DNR.
Coordinator Dillerud stated that the DNR reported that a
future private road crossing may involve a DNR protected
wetland, but had no negative comments now. Hennepin County
has also approved the plan.
Commissioner Marofsky asked when the signal lights would be
installed. Coordinator Dillerud said that they will not be
until warrants are met which may be when the building opens.
Commissioner Zylla asked about the timing of the building
permits. Coordinator Dillerud replied that the petitioner
would like to begin by June 1, 1989.
Vice Chairman Stulberg introduced the petitioner's
representataive Robert Worthington from OPUS Corporation.
He explained the buyer/seller relationship between OPUS and
Tennant Corporation. The building will be sold to Schneider
U.S.A. when complete. He gave a brief overview of the
project.
Mr. Worthington then introduced Mr. Peter Jarvis from BRW
who gave a brief history of the previous Tennant Corporation
plan and he described how similar this new plan is to the
previous 1981 plan. He described Phase 1 and Phase 2 of the
development for Schneider U.S.A.
Vice Chairman Stulberg opened the Public Hearing.
He introduced Mr. Bill McGonigal of 6209 Magda Drive, Maple
Grove. Mr. McGonigal asked whether the plan included access
to Bass Lake Road by Nathan Lane for the Maple Grove
residents.
Mr. Jarvis replied that the plan did not, and he reviewed
the pros and cons of this idea.
Coordinator Dillerud said that there were no City plans for
extension of Nathan Lane through this site to Maple Grove.
Further, the City of Maple Grove has not indicated a need or
desire for such access.
Vice Chairman Stulberg closed the Public Hearing.
s�
OPUS CORPORATION/TENNANT
CORPORATION AMENDED MPUD
CONCEPT PLAN AND MPUD
PRELIMINARY PLAT/PLAN,
CONDITIONAL USE PERMIT
AND REZONING (88146)
Planning Commission Minutes
February 8, 1989
Page 35
Commissioner Marofsky expressed concern for the hardwood
trees at the northwest corner of the site depicted as a
manufacturing building site. He suggested that the structure
be moved east or southeast to preserve the trees.
Commissioner Zylla stated that he is pleased to see a
Plymouth company expanding in Plymouth.
MOTION by Commissioner Wire, seconded by Commissioner Zylla
to approve the Amended MPUD Concept Plan with the 7
conditions of the January 30, 1989 Staff Report.
Roll Call Vote. 6 Ayes. MOTION carried.
MOTION by Commissioner Marofsky, seconded by Commissioner
Wire to approve the MPUD Preliminary Plat/Plan, Conditional
Use Permit and Rezoning with the 10 conditions of the
January 30, 1989 Staff Report.
Mr. Jarvis stated that he is satisfied with all of the
conditions but that he would like to explore some traffic
designs as alternatives to those proposed in City reports.
Roll Call Vote. 6 Ayes. MOTION carried.
Vice Chairman Stulberg asked if this item would be on the
February 21, 1989 City Council agenda. Coordinator Dillerud
answered in the affirmative.
Vice Chairman Stulberg requested that the Board of Zoning
Liaison appointment be put on the Agenda for the next
meeting.
He also asked about the blinking sign on the school site at
County Road 6 and Highway 101. It is a four line reader
board. Coordinator Dillerud said that staff would look into
it.
Commissioner Wire questioned the new Big Wheel Rossi sign
going up at the Cottonwood Plaza. Commissioner Marofsky
said it would replace the existing sign. Coordinator
Dillerud said he would look into the matter.
Vice Chairman Stulberg suggested that the Commission wait
until the February 22, 1989 Study Session to discuss the
Comprehensive Plan.
Commissioner Wire requested that staff make available the
computer based information of the Tischler Report before the
Commission makes any changes in the Land Use Guide Plan.
Director Tremere said they will try to get this information
to the Commission but the data base is not current and the
time needed to update it may take longer than the Council
target date for recommendations.
1-S�1
MOTION TO APPROVE
VOTE - MOTION CARRIED
MOTION TO APPROVE
VOTE - MOTION CARRIED
Planning Commission Minutes
February 8, 1989
Page 36
He explained the concern of the City Council that the
Planning Commission continue with the task of the
Comprehensive Plan and endeavor to meet their deadlines.
Mayor Virgil Schneider was in the audience and the
Commission members requested that he discuss the February 6,
1989 City Council Meeting and the changes that were adopted
to the Zoning Ordinance. Mayor Schneider gave the
Commission an overview of the discussion.
Mayor Schneider also thanked the Planning Commission and
Subcommittee for their work on the matter of regulating
Places of Worship.
Mayor Schneider also explained to the Commission how
important their input on the Land Use Guide Plan is. He
stated that this endeavor is necessary and that the
reguiding needs to be completed before sewer and water are
extended in the non-sewered areas, since some reguiding may
be in order.
Commissioner Marofsky suggested that City Manager James
Willis speak to them as a refresher on the Comprehensive
Plan concerns and ideas he previously presented to the
Commission. Commissioner Stulberg said those who need the
data or refresher could meet with the Manager, but it was
not necessary to have a special Commission meeting.
Staff said they would look into this.
The meeting adjourned at 10:00 p.m.
_Z-sb
MINUTES OF REGULAR MEETING
HOUSING AND REDEVELOPMENT AUTHORITY OF PLYMOUTH, MINNESOTA
ANNUAL MEETING - JANUARY 26, 1989
The Annual Meeting of the Housing and Redevelopment Authority of Plymouth, was
called to order by Vice Chairman Crain on January 26, 1989 at 6:35 p.m. at the
City Center Conference Room in the City of Plymouth, Minnesota.
The following members of the Authority were present: Vice Chairman Crain,
Commissioners Ludovissie, Gutzman, and Hillstrom. Also present were City
Manager Willis, Community Development Director Tremere, Housing Specialist
Dale, and Secretary Rauenhorst.
Chairman Neils was absent.
APPROVAL OF MINUTES
MOTION was made by Commissioner Gutzman, seconded by Commissioner Ludovissie,
to approve minutes for the October 20, 1988 meeting.
MOTION carried on a Roll Call vote, four ayes.
NOMINATION AND ELECTION OF OFFICERS
Director Tremere stated that Commissioner Hillstrom did not seek reappointment
to the Commission, and it is likely that the City Council will appoint a
Commissioner to fill this vacancy by February.
MOTION was made by Commissioner Gutzman, seconded by Commissioner Ludovissie,
to defer nomination and election of officers to the next meeting.
Motion carried, four ayes.
REVISION IN SECTION 8 ANNUAL CONTRIBUTIONS CONTRACT FORMAT
Housing Specialist Dale indicated that the funding for the Section 8 program
is to remain the same, however, there has been some change in the format for
the new Annual Contributions Contract.
MOTION was made by Commissioner Hillstrom, seconded by Commissioner Crain, to
adopt RESOLUTION NO. 89-01 AUTHORIZING EXECUTION OF ANNUAL CONTRIBUTIONS
CONTRACT.
Motion carried on a Roll Call vote, four ayes.
1=S�b
HRA Minutes
January 26, 1989
Page Two
YEAR END STATUS REPORTS
Commissioners reviewed the year-end status report on the Section 8 Rent
Assistance Program, including demographics information. Commissioner Gutzman
suggested that including information on number of bedrooms could be useful.
Manager Willis stated that this information will be tracked and included in
future reports. Housing Specialist Dale noted that the Section 8 certificates
are fully used with an estimated turnover rate of 15-20% each year.
Commissioners reviewed the year-end status report on the Housing
Rehabilitation Program. Director Tremere stated that this program has
assisted over 110 homeowners over the past 12 years and is a positive and
efficient use of CDBG monies.
Director Tremere updated the Commission on the status of the senior citizen
housing site. He stated that numerous efforts were made to interest
prospective developers in the site over the last six years, but all wanted
more City subsidy than the City Council felt was warranted. Hennepin County
is in the process of obtaining appraisals to determine fair market value for
the property. When the property is sold, all monies will go to the County,
unless the City can show justifiable, eligible use within the funding year.
The County retains 10 percent of the sale proceeds. Staff is preparing a list
of potential eligible uses for this purpose.
Manager Willis reported that the Children's Home Society expressed the need
for daycare for people of low to moderate income at the Community Center
hearing, and this may qualify as an eligible use. Commissioner Gutzman
suggested staff explore the St. Louis Park "MAX 200" program. Commissioners
also discussed the possibilities of scattered site housing and Union City
Mission activities.
Commissioners reviewed year-end status reports on the Child Care Subsidy
Program, Union City Mission, and Home Energy Check -Up Program.
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR YEAR XV
Director Tremere stated that Hennepin County has indicated that Plymouth
should receive approximately the same funds for CDBG Year XV as in Year XIV,
i.e. $125,000, or slightly less. The exact amount is yet unknown. The City
Council has directed that various social service agencies who seek funding
from the City each year be notified of the CDBG program.
COMPREHENSIVE PLAN
Director Tremere stated that the City's Comprehensive Plan is currently under
review by the Planning Commission. HRA Commissioners are encouraged to review
and comment on the Goals, Objectives, and Criteria Housing Elements of the
Plan. Commissioner Gutzman noted needed language chdnges on the Housing Plan
portion of the Comprehensive Plan.
HRA Minutes
January 26, 1989
Page Three
UNION CITY MISSION TOUR
Commissioners thanked staff for making the Union City Mission Tour
arrangements. The tour was informational and worthwhile.
Commissioners and staff thanked Commissioner Hillstrom for his years of
service and input on the Housing and Redevelopment Authority.
The meeting was adjourned at 7:15 p.m.
Secretary
2000 First Bank Place West
Minneapolis
Minnesota 55402
Telephone (612) 333-0543
Telecopier (612) 333-0540
J. Dennis O'Brien
John E. Drawz
David J. Kennedy
Joseph E, Hamilton
John B. Dean
Glenn E. Purdue
Richard J. Schieffer
Charles L. LeFevere
James J. Thomson, Jr
Thomas R. Galt
Steven B. Schmidt
John G. Kressel
James M. Strommen
Ronald H. Batty
William P. Jordan
William R. Skallerud
Corrine A. Heine
David D. Beaudoin
Steven M. Tallen
Mary Frances Skala
Leslie M. Altman
Timothy J. Pawlenty
Rolf A. Sponheim
Julie A. Bergh
Darcy L. Hitesman
David C. Roland
Karen A. Chamerlik
Paul D. Baertschi
Arden Fritz
Clayton L. LeFevere, Retired
Herbert P. Lefler. Retired
Le fc%crc
L.cllcr
lhcnncd�
0,91 -len
Drawz
a Professional
Association
February 16, 1989
Mr. James G. Willis
City Manager
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Z_(=
Re: Recent Appellate Court Decisions Dealing with Open
Meeting Law
Dear Jim:
Enclosed is a memorandum from Corrine Heine of our office
summarizing three recent Minnesota Appellate Court
decisions concerning the Open Meeting Law.
As Corrine indicates in her memo, the Annandale Advocate
decision is the most significant one. In that case, the
Minnesota Supreme Court held that an investigation into
alleged misconduct by the Chief of Police was not public
because there had not been any "final disposition" of the
disciplinary action. (The City and the Police Chief had
agreed to a settlement under which the Police Chief
resigned.) Because the investigation was not public, the
contents of it could only be discussed at a closed
meeting of the City Council.
The practical consequences of the decision include:
1. Cities must be cautious in releasing any
personnel data, even after the disciplinary
action has been taken, until there is a deter-
mination that a "final disposition" has oc-
curred.
2. The Court's holding may assist cities in
settling employment matters because an employee
facing potential disciplinary action may be
inclined to resign before "final disposition"
in order to prevent personnel data from becom-
ing public.
WWA
Mr. James G. Willis
February 16, 1989
Page 2
I would be happy to discuss the implications of any of
these three decisions with you further if you desire.
Sincerely yours,
LeFEVERE, LEFLER, KENNEDY,
O'BRIEN & DRAWZ
Ja es J. Thomson, Jr.
0066LT15.134
Enclosure
cc: Frank Boyles
Z'
M E h O R A N D U M
TO: City Attorneys
FROM: Corrine Heine
DATE: February 2, 1989
RE: Recent Open Meeting Law Cases
In the past two months, the Minnesota appellate courts have
decided three cases concerning the Minnesota Open Meeting Law,
Minn. Stat. § 471.705 (1988). Following is a summary of the case
holdings. You may wish to consider passing this memorandum on to
your city council and city manager or city clerk.
Annandale Advocate v. City of Annandale, CX -87-1583 (Minn.
January 20, 1989)
The most significant of
courts is the Annandale
Minnesota Supreme Cour
between the Open Meeting
ment Data Practices Act,
the three cases decided by the
Advocate case, in which the
Court
addressed the relationship
Law and the Minnesota Govern -
Minn. Stat. 5 13.01 et seq.
Facts: The city council of the City of Annandale hired
an attorney to conduct an investigation into alleged
misconduct by the chief of police. The city council
later held a closed meeting for the purpose of dis-
cussing the investigative report. Based upon the
report and further discussion, the council adopted a
resolution discharging the police chief, subject to the
chief's right to a veteran's preference hearing. The
police chief requested a veteran's preference hearing
within the 60 day time period but the hearing was never
held; under a settlement agreement with the city, the
police chief resigned his office. A local newspaper
brought an action to require the city to release the
report, which the newspaper claimed was public data
under the Data Practices Act.
Lower court holdings: The trial court held that the
investigative report was public data under Minn. Stat.
§ 13.43 and ordered the city to release the report. On
appeal, the court of appeals raised the issue of
whether the meeting was properly closed. The court of
appeals held that the report was public data and that
the meeting should not have been closed.
Supreme Court holding: The supreme court reversed the
court of appeals, both as to the classification of the
investigative report and as to the open meeting issue.
-Z=4
Therefore, this case has implications for cities with
respect to both data practices and public meetings.
Data Practices Issue: The lower courts held that the
report was public data under Minn. Stat. 5 13.43,
because the report was documentation supporting "final
disposition" of disciplinary action. The supreme court
disagreed and held that, because the police chief had a
right to a veteran's preference hearing at which the
discipline could be modified, the city council's action
was not a "final disposition." In addition, by resign-
ing before "final disposition" was made, the police
chief effectively ensured that the investigative report
would never become public but would remain private
personnel data. The court's opinion suggests that
"final disposition" of disciplinary action does not
occur until all rights to further hearings, including
rights of appeal, have been exhausted or time periods
have expired.
The court's holding on the data practices issue has two
implications for cities. First, because violation of
the Data Practices Act may result in a claim for
damages, cities should be cautious in releasing any
personnel data, even following disciplinary action.
Cities should not release supporting documentation to
the public until all rights of appeal have been ex-
hausted. Where the discipline may give rise to a civil
action, the data should remain classified as private
until the statute of limitations for such an action has
run. Second, the holding may assist cities in settling
employment disputes. A discharged employee may be
inclined to resign prior to "final disposition" in
order to prevent personnel data from becoming public.
Open Meeting Law Issue: In holding that the meeting
should not have been closed, the court of appeals
relied upon its earlier decision in Itasca County Bd.
of Comm'rs v. Olson, 372 N.W.2d 804 (Minn. App. 1985).
The Itasca County decision held that the Data Practices
Act is not an exception to the Open Meeting Law and
that, where otherwise private data is reasonably
required to be discussed at a public meeting, the
classification of the data changes from private to
public. The supreme court held, however, that the Data
Practices Act is an exception to the Open Meeting Law.
In so holding, the court relied upon Minn. Stat. 5
471.705, subd. lb, which requires agenda materials to
be made available to the public, but which expressly
excepts "materials classified by law as other than
public" under the Data Practices Act.
The supreme court emphasized that the data practices
exception to the Open Meeting Law is narrow. A public
2
X'b
meeting may be closed only to discuss the actual
content of the not public data. All other discussion
must be open to the public. In the Annandale Advocate
case, the court held that the existence of the report,
the council's consideration of it, the role that the
report played in the council's decision, and the terms
of the settlement agreement with the police chief would
be public. (Note: This case arguably prohibits cities
from entering into settlement agreements with "gag
clauses.")
For cities, this means that great care should be
exercised in discussing any issues that relate to data
classified as "not public" during public meetings. If
not public data is disclosed during a public meeting,
the city may be subject to a suit for damages under the
Data Practices Act. On the other hand, if a city
closes a meeting and discusses more than the contents
of the document that is classified as not public, the
city may be subject to a suit for violation of the Open
Meeting Law. As a practical matter, cities are likely
to err on the side of closing meetings.
Cities should be advised to identify potential data
practices issues prior to public meetings and to obtain
legal advice where there is any question. Advance
notice to the attorney should be encouraged because,
despite the supreme court's opinion that "[tJhe Data
Practices Act . . . is not any more difficult to apply
than other statutes," the act can be very complicated
to apply in some circumstances.
Northwest Publications, Inc. v. City of Saint Paul, C2-88-1474
(Minn. App. January 17, 1989)
Facts: The city council was considering various
amendments to its ordinances relating to liquor li-
censes and nude dancing establishments. The proposed
amendments were controversial, and attorneys for four
businesses submitted briefs to the city council in
opposition to the proposed amendments. The city
council scheduled a closed meeting, the purpose of
which was to discuss the threatened litigation, in-
cluding the strengths and weaknesses of the positions
and issues involved. A local newspaper obtained a
court order to open the scheduled meeting.
Court of Appeals Holding: The city argued unsuccess-
fully to the trial court and to the court of appeals
that, because of the threat of litigation, the council
meeting could be closed under the attorney-client
privilege exception to the Open Meeting Law. The
Minnesota Supreme Court first recognized that exception
3
in Minneapolis Star & Tribune Co. v. Housing & Rede-
velopment Authority, 251 N.W.2d 620 (Minn. 1976), but
also held that the exception would not apply to "gen-
eral legal advice."
The court of appeals held that the anticipated city
council discussions involved general legal advice. The
court contrasted advice concerning litigation strategy,
which is privileged, versus advice concerning the
strengths and weaknesses of a proposed enactment, which
is not. "The attorney-client exception properly
applies when a governing body seeks legal advice
concerning litigation strategy. The privilege is not
available, however, when a governing body seeks instead
to discuss the strengths and weaknesses of the under-
lying proposed enactment which may give rise to future
litigation." In addition, the court held that whenever
a city wishes to close a public meeting it must demon-
strate that the need for confidentiality outweighs the
public's right of access to the information.
This decision is not likely to change the way most of
our cities conduct their business. What the court
appears to be saying is that a city cannot debate the
pros and cons of a proposed ordinance in private simply
because the issue is controversial and litigation is
likely. The court emphasized several times that the
HRA case involved active litigation rather than threat-
ened litigation; and the opinion generally discourages
cities from relying upon the privilege when litigation
is only threatened. It is likely that in any case
involving threatened litigation, the court will look
closely at the need for confidentiality versus the
public's right to access. In active litigation cases,
however, the court is likely to give greater deference
to a decision to close a public meeting.
The Minnesota Daily v. The University of Minnesota, CX -88-2095,
CX -88-2114 (Minn. App. December 6, 1988)
Facts: The board of regents appointed faculty, stu-
dent, and staff members to a Presidential Search
Advisory Committee to screen and recommend finalists
for the president's position. No members of the board
of regents served on the committee, and the committee
had advisory powers only. The committee announced that
it intended to hold closed meetings to discuss the
candidates, and the student's newspaper sued.
Court of Appeals Holding: The court held that the
search committee did not constitute a committee of the
governing body and was not subject to the Open Meeting
Law because: (1) no members of the board of regents
4
-r-4
were on the committee; and (2) the committee had
advisory powers only. In reaching its decision, the
court of appeals relied heavily upon Moberg V.
Independent School District No. 281, 336 N.W.2d 510
(Minn. 1983). In Moberg, a school board appointed a
factfinding panel, comprised of nonmembers of the
board, to meet in closed sessions, gather information,
and make a recommendation to the school board regarding
a school closing. The supreme court did not find that
the advisory panel was a committee of the governing
body. The court of appeals suggests in its opinion
that a different outcome may result if a governing body
appoints a committee to act in more than an advisory
capacity or to achieve a "preordained" result without
public discussion. NOTE: This decision does not
affect meetings of a city planning commission, even
though council members do not serve on the planning
commissions and the commission is an advisory body.
The Open Meeting Law expressly applies to
"commissions."
OO11me01.cah
S- 7
NEW 1989 CURBSIDE PROGRAM GUIDELINES
The information in this brochure replaces all previous recycling guidelines.
USING THE BLUE BOX
• Place separate grocery bags in the blue box or set out
extra bags as needed for:
• metal/aluminum cans
• glass containers
• newspapers
• brown corrugated cardboard (no cereal or tissue
box -type cardboard). See preparation below.
• all other non -glossy paper (junk mail, computer
paper, ledger paper, etc.)
• Please do not use plastic bags.
PREPARATION OF RECYCLABLE MATERIALS
• Newspaper: no glossy paper, magazines or phone
books. Bag newspaper in paper bags, cardboard boxes
or bundle with twine.
• Metal & Aluminum Cans: Rinse cans. No need to
remove labels or separate by type of metal. Clean
aluminum foil and trays are also recyclable.
• Glass Containers: clear, brown and green. Rinse glass.
Separate large quantities of glass by color. No need to
remove metal rings or labels.
• Brown Corrugated Cardboard: Flatten and bundle with
twine or place in grocery bags. Maximum dimensions
of 3'x3' for bundles. No cereal or tissue box -type
cardboard.
• Junk Mail: Must be separated from newspaper. No
glossy paper. Place in a separate paper bag with typing
paper, computer paper, etc.
WEEKLY COLLECTIONS
Set recyclables at the curb by 8 a.m. each Thursday.
Note to people participating in customized programs, such as
Chelsea, Sagamore and Tiburon: Thursday collections do not
affect you. Your program continues with its regular
collection day. If your address is selected for the weekly
cash drawing, it will be checked on your regular collection
day.
MISSED COLLECTIONS
If your recyclables were at the curb by 8 a.m. on Thursday
and they were not picked up: 1) call 559-5908 by 11 a.m.
the next day; or 2) hold them until the next Thursday; or
3) bring them to the Recycling Drop -Off Center (next to
the Public Works Garage), 14900 -23rd Ave. N.
WEEKLY CASH DRAWING
Recyclers have a chance to win $100 or more in the
weekly 'That's Not Trash, It's Cash!" drawing.
To win, set your recyclables at the curb by 8 a.m. every
Thursday. If your address is drawn that week and you
have recyclables at the curb, you're a winner. Otherwise,
the $100 will be added to the next week's prize.
YARD WASTE COLLECTIONS
Separate yard waste collections are made for eight weeks
each spring and fall. Because each hauler follows a
different schedule, bag yard waste separately whenever
you set it out. Set the bags a few feet from your regular
refuse. The hauler will handle the rest. Yard waste
consists of grass, leaves and plants. It does not include
sticks or branches.
Residents should consider mowing lawns more often and
leaving the clippings on the lawn or creating their own
backyard compost.
.r--7
NEW 1989 DROP-OFF CENTER GUIDELINES
DROP-OFF CENTER
The Drop -Off Recycling Center is available 24 hours a
day, year-round for residents' convenience. The Center is
located next to the Public Works Garage, 14900 -23rd Ave.
N. (see map).
Items accepted at the Drop -Off Center:
• Newspaper, metal and aluminum cans, glass con-
tainers, brown corrugated cardboard. Preparation for
these materials is the same as for the curbside program.
• Plastic containers of all types (except plastic dinner-
ware, oil containers and plastic bags). Rinse containers
and remove and discard caps. Both of the following
types of plastics can be recycled:
1. High density plastics like detergent and antifreeze
containers (no vehicle oil containers).
2. See-through green and clear plastic containers
like soft drink containers and milk jugs.
• Auto -type batteries: Wipe clean and make sure caps
are still on.
• Oil: Oil may be emptied into a large tank at the Public
Works Garage 24 hours a day. Residents may keep their
empty containers.
PLYMOUTH
RECYCLER
rkimplicity
Location of Recycling Drop-off Center (left). Close-
up of site (right).
WHY RECYCLE?
• To protect drinking water.
• To preserve natural resources.
• Because landfill space is running out and disposal costs
are expected to continue to increase.
• Six aluminum cans can be recycled into six new cans.
• One pound of newspaper can be recycled into four
cereal boxes. The average family recycles 30 pounds of
newspaper a month. That translates into 120 cardboard
boxes.
• Six discarded glass bottles can be recycled into six
new glass bottles.
!!r
Plymouth City Center
3400 Plymouth Blvd.
Plymouth, MN 55447
For more information on recycling:
559-2800 ext. 245
rkonvenience
r;)Weekly Cash Drawing
RECYCLING
DROP-OFF
PUBLICWORKS O
cAiE
El
23rd A --
Location of Recycling Drop-off Center (left). Close-
up of site (right).
WHY RECYCLE?
• To protect drinking water.
• To preserve natural resources.
• Because landfill space is running out and disposal costs
are expected to continue to increase.
• Six aluminum cans can be recycled into six new cans.
• One pound of newspaper can be recycled into four
cereal boxes. The average family recycles 30 pounds of
newspaper a month. That translates into 120 cardboard
boxes.
• Six discarded glass bottles can be recycled into six
new glass bottles.
!!r
Plymouth City Center
3400 Plymouth Blvd.
Plymouth, MN 55447
For more information on recycling:
559-2800 ext. 245
rkonvenience
r;)Weekly Cash Drawing
DEPARTMENT OF PUBLIC WORKS
Environment & Energy Division
822 South 3rd Street
HENNEPIN Minneapolis, Minnesota 55415-1208
FL
348-6846
February 16, 1989
To Whom This May Concern:
RE: Landfill Surcharge Tax on the Disposal of Solid Waste
Laws of Minnesota 1988, Chapter 685, Section 19, removed the $.25 per cubic
yard cap on the Landfill Surcharge that a Metropolitan County may charge to
dispose of mixed municipal solid waste.
The Hennepin County Board of Commissioners will hold a Public Hearing at
10:00 A.M. on March 9, 1989, with the intent of amending Hennepin County
Ordinance 10, Solid Waste Surcharge Ordinance, to begin collecting $2.00 per
cubic yard for all mixed municipal solid waste. This new fee of $2.00 per
cubic yard will be similar to the other three Metropolitan Counties with
landfills.
The revenues from this fee must be used only for "...landfill abatement
purposes or cost of closure, post -closure care and response actions or for
purposes of mitigating and compensating for the local risk costs and other
adverse affects of facilities."
If you have any questions, please do not hesitate to contact Michael Brandt
at 348-3836 or me at 348-4046.
Sinc/e�e�ly,
`Luther D. Nelson
Division Engineer
Enclosure - Public Hearing Notice
cc: Vern Genzlinger
Pat Murphy
HENNEPIN COUNTY
an equal opportunity employer
NOTICE OF PUBLIC HEARING
The Hennepin County Board of Commissioners will hold a public hearing,
before the Public Service Committee on Thursday, March 9, 1989 at 10:00 A.M.
for the purpose of amending Hennepin County Ordinance Number Ten, Hennepin
County Solid Waste Surcharge Ordinance. The fee of $.25 cents per cubic
yard will be changed to $2.00 per cubic yard on the disposal of mixed
municipal solid waste at solid waste facilities within Hennepin County,
beginning May 1, 1989. The meeting will be held in the Board Room, 24th
floor of the Administration Tower, Hennepin County Government Center, 300
South Sixth Street, Minneapolis, MN.
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SHELTER STATION AT WINNETKA
THE Electric Short Linc• li,id a�• C oillp:uty
f otLu-, an opportunitV to tllc business man
to lire in the cotuitn- in(] at the ,:1me time to be
withit► eas.• reach of his office. Land along our
Road in operation, and on our proposed Lines,
is increasing rapidly in value.
C1►11.U1t1:..njnr tLo 1:11:cs, u...,�l.:rurl sln:uus nlon�
llc lilccln< �h..rt Liar ,hwl. .01,,r(. th.,m 6calt1i
:md n,
1
SEPTEMBER, 1914
ELECTRIC
SHORT LINE
RAILWAY
hkkUZEIC
i
TIME TABLE OF
PASSENGER TRAINS I
i
C.
i
1� ►
t
I
II Motor Car No. 310 at Station II
Seventh Street at Second Avenu- 1`4,.-•1.
Minneapolis, Minnesota
TBE TI\lE gi\-(.ii in this tiluc table is that at
which train, are exlwoed to arrive at and de-
part from t},c• Several station,, but it is not
guaranteed, and although every care is taken
to keep the tables correct, Iltc Electric Short
Line Rail\% -a'- Contpan�' does not hold itself
responsible• for po.,,il,le errors or for delay or
i"Coll vetlicnec residting from failure to make
schedule as adc-crli,ed herein.
r:�irr,r„,. { �,fl.rl ...I•L p6........r write 10 16. G..,.r:�l I':..-.�.A•r
Ar•..I for am furl Ler ...L.r u,.�1�.�.� I•. .er riee ..f IL. Lw�• Lii.,.,
eill��ak. i ��L1,•rut, .. .dL ,•. �..ih..... uII,:n
Parkers Lake on the Luce Electric Lines
PARKERS LAKE, with its beautiful sandy
beach and wooded shores, is only thirtN
minutes from Minneapolis via the Electric
Short Linc. Here you will find a spacious
pavilion m-ith a fine dancing floor and an up-to-
date refectory well supplied with soft drinks
and good things to eat. Here we have a bath
house m -here suits may be rented, a base ball
diamond, and thirty acres of beautifull.• wooded
picnic grounds well equipped with tables and
benches. Steel Boats and Fishing Tackle ma\'
be rented at reasonable rates—and the fishing
is good. This is an ideal spot for a lame or
small pic11ic.
MEDICINE LAKE oil the Electric Short
11 11 Linc is only seven and one-half miles from
the ccntcr of Minneapolis. At this Point we
have 140 acres of picnic grounds at your disposal.
Here also you will find excellent fishing, boating
and hatbing.
GLEASON LAKE is about twelve' ipiles frcnn
(1111. Minneapolis Station. Good fishing
land boati11g aw it you—an ideal spot for a
picnic.
WAYZATA is less than thirteen miles from
our 'Minneapolis titation. It affords
you mangy• opportunities for pleasure. Our
titation at this point is onl.N- ten minutes walk
from the boat docks. where you mai• take com-
fortable boats to.my point on Like'Minnetonka.
MEADOWBROOK is only one-half mile
from Long Lake. which is noted for good
boating. bathing and fishing.
STUBBS BAY is eighteen miles frou1 Minne-
apolis on Lake Minnetonka. We are erect-
ing a fine dancing pavilion at this point. Pere
You u►ay charter a steam launch to points on
Lake Minnetonka. Vou will find good boating
:111(1 fishing on this Bad-.
* 4 4
Minnesota Aultinrns and ludian Summers
afford the finest seasons for picnics and the
Electric Short Linc will take care of your trans-
portation prohlem to Four utmost satisfaction,
whether there are " jusl too" ora thous:nul.
Electric Short Line Train at Minneapolis Terminal, Seventh Street at Second Avenue North
"A railroad without adequate terminals i>
like it pian -without hands and feet.—Jamc•s J.
N ill.
THE foundation of the ElectricShort Linc
Railwav C'ouipanY has been well ]aid.
Our terminals are. in the very heart of the hiisi-
ness district of 'Minneapolis, affording c•onVeu-
ience for passengers and pernitting ec•onoriiic•al
i handling of all lauds of freight.
The ElectricShort Line Railwa\ Comp;iM'
is being built on a Spot cash basis and is iu
shape
finane•ia11\'.
Splendid s
At the present time there are 5238 stock
i holders who own the Luce Linc. Alinost with-
out exception these owners lire along onr Linc
already- built. or on our proposed Line, and eac•li
is or Weill be .1 business tetter for the Road.
No proniotioii or watered stock has been
issued and the anirnnit of stock and bonds pc•r
mile of the E,lec•tric ;bort 1,11le will he e -ere
small in comparison \eith the average road III
the l niicd `,tatcs.
Earnings on the Electric Short Line have
already pro�cn much larger th;ui had been
estini;ited. will be large.
Freight and Express service tariffs will be
filed in the near future which will greatly add
to our earnings.
Construction is beim pushed rapidly. Our
grading crew --4 mid bridge crews are putting on
the finishing touches iwt\veen Stubbs liar• and
Winsted. Our steel crew.,; arc busily engaged
la}•ing steel and our Lillewill be in operation
to Winsted in the near future.
The total mileage of the Electric Short Line,
as ire plan to build, is about c•o1,iplcte and every
mile will he a producer.
A small allotment of stock in the Electric
Short l,inc• ljailje:iY Co1,ip.my is still for sale
:it the original price .11,11 be purchased from
our represcutative> or tlirougli the General
Mice of the Compaur in the Phoenix liitilding,
Minneapolis. \1i1,1,esota.
r
H
T-/0
Luce Line Pullman "Watertown"
1
�T-`HE Electric Short Line has purchased
1 Pullman Sleepers "Watertown," "Win -
sled" and "Minnetonka." Each is provided
with kitchenette, parlor, dining room, state_
room and bath. These cars may be chartered
by private parties by the day, week or month
and if desired will be placed on any side track
on our Line, affording an ideal outing at a mod-
erate expense.
First Official Trip on the Luce Electric Lines
SINCE the First Official 'Trip of the Electric
Short Line, January 16, 1914, the earnings
of the Company have steadily increased and we
are now on a splendid earning basis. With our
Line completed to Winsted and our freight and
express service in operation We are assured an
exceptional earning. From Winsted construc-
tion Will be pushed with all possible speed
through the rich territory mapped out.
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Freight Train in Service on the Electric Short Line
THE freight trains which are being operated on the Electric Short Line Railway in Company service -will be
at the disposal of the general public to the immediate future. At least seventy-five per cent of the railroad
receipts in this State come from the handling of freight. The Electric Short Line Railway will be no exception
to this rule. Freight and Express will yield a large revenue which, on account of our low capitali7ation, will
mean large dividends to our stockholders.
1.
It
i`
A •
V,
THF HAVPSHIRE AR:U� IIOTEI. (Owned the THE PIIOt:NI\ Itl"ll.lfl�G „m',I the Luce
Luce interests),'a four -hundred -room, fireproof, 1 intcrestsj,atcn-st r fin'pn, f flh 't iiil lin_, islocatcd
thoroughly modern, up-to-date family hotel, with a few to the heart of the bankin li trn t .,f \lin. p-dis, Fourth
choice rooms for lransicul,, i, Ineatect on Ninth Mreet Street South :it Varyu, t t,' :\c,'nu, . I, - n 'r. l Ilices of the
South at Fourth A\cnue. NorOo—stcrn Phone Vain 4105. Electric Short Linc an' iii ihi< building.
-T -.//o1
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: February 22, 1989
TO: James G. Willis, City Manager
FROM: Blair Tremere, Community Development Director
SUBJECT: STATUS OF RESEARCH ON PROPOSED ADULT BOOKSTORE ORDINANCE
The City Council directed this research and a report at the same time they
directed similar work regarding saunas and massage parlors. The Council did
deal with the subject of saunas and massage parlors by recognizing existing
Code language and eventually amending that Code language for clarification.
The research on adult bookstore ordinances continued with minimal success.
Many of the cities that have such ordinances are not suburbs and many of the
ones that have such ordinances have had adult bookstores and related
establishments prevalent for some time, i.e., the ordinances were written in
reaction to an existing and not in anticipation of a problem.
Myra Wicklacz is conducting the research and is coordinating with the City
Attorney who will be advising the Council as to the proper course a city can
take to regulate this businesss.
I anticipate that we will have the research completed and a report prepared by
the March Study Meeting.
(pl/bt/adultbook:jw)
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: February 22, 1989
TO: James G. Willis, City Manager
FROM: Blair Tremere, Community Development Director
SUBJECT: STATUS OF COMMUNITY BASED RESIDENTIAL FACILITIES STUDY
The status of this long-standing research and report item is that I am
completing a memorandum and recommendation for the Planning Commission
Subcommittee consisting of Chairman Plufka, Commissioner Wire, and
Commissioner Stulberg. The moratorium established by the City Council extends
through May and Chairman Plufka and I have discussed this with the intent of
having the Commission develop a recommendation for the Council quickly.
I have been tracking proposed legislation introduced by advocacy groups which
would significantly effect the information and conclusions prepared by our
consultant at the beginning of this process. I am not waiting for that to be
adopted; I now understand its content and can take that into account as I
prepare the final report. The Planning Commission may or may not hold a
public hearing on actual ordinance amendments; they may elect to report to the
City Council what they have concluded and seek final City Council direction.
I am preparing material for the Planning Commission that will allow them to
conduct a public hearing on specific ordinance amendments and, if they choose
that route, the City Council would actually receive a proposal for ordinance
amendments as well as a report.
This should be wrapped and before the City Council (in one form or another) by
the first meeting in April.
(pl/bt/jw2-22:jw)
/R
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: February 22, 1989
TO: James G. Willis, City Manager
FROM: Helen LaFave, Communications Coordinator
SUBJECT: CALL RELATING TO COMMUNITY CENTER ON CUSTOMER COMMENT LINE
For your information, a call was received on the customer comment line on
February 21 which related to the proposed community center. The caller's
comments are detailed on the attached page.
2/22/89 CALL: A caller stated her opinion regarding the
proposed community center. She did not
leave her name.
She had watched the channel 37 replay of
the 1/19/89 meeting on the proposed
community center. She said that the senior
citizens that she had spoken with at the
Medicine Lake Community Club and St. Mary's
were happy with their meeting locations.
She said instead of a community center the
City Council should consider building a
high rise for seniors so that seniors can
stay in Plymouth after they can no longer
take care of their own homes.
For information purposes the call was
referred to Jim Willis.
A service of Fairview and North Memorial
BASSETP CFJ= CLINIC
Prodassimal Building
5a51 Duluth SueK Suite 204
Goldenvalleg MN 55422
(612) 545-0174
BRA»[AR CLINIC
Braemar Sports Medicine Center
7201 vvashjng= Avenue South
Edina, MN 55435
(612)944-5314
BURNSVILLE CLINIC
Ridgevww Medical Building
303 E. Nicollet Blvd.
Burnsville, MN 55337
(612)892-2650
CRYSM%L CLINIC
Crystal Gallery
Professional Building
5510 West Broadway
Crystal, MN 55428
(612) 537-1208
EAGAN CLINIC
Eagan Orthopedic & Sports
Medicine Center
1440 Duckwood Drive
Eagan, MN 55122
(612)688-7857
EDiNA CLINIC
7110 France Avenue South
Edina, MN 55435
(612) 920-8525
MINNEAPOLIS CLINIC
Suite 708
606 24th Avenue South
Minneapolis, MN 55454
(612) 371-6697
OSSEO CLINIC
Osseo Professional Building
100 Central Avenue North
Osseo, MN 55369
(612) 424-0534
OXBORO CLINIC
Oxbom Medical Building
600 W 98th St.
Bloomington, MN 55420
(612) 885-6200
PLYMOUTH CLINIC
9750 Rockford Road
County Roads 18 and 9
Plymouth, MN 55441
(612) 557-9000
WAYZATA CLINIC
North Medical Services
County Road 6
and Highway 101 North
Plymouth, MN 55447
(612)476-6782
WE57HALL CLINIC
Westhall Place
3401 North Oakdale
Robbinsdale, MN 55422
(612)520-5629
February 15, 1989
City of Plymouth
Attn: Dick Carlquist,
3400 Plymouth Boulevard
Plymouth, MN 55447
Dear Mr. Carlquist:
Chief of Police
.l-/3
On behalf of the Institute for Athletic Medicine, I would
like to thank Craig Lindman for his assistance in clearing
up a recent problem. Mr. Lindman handled this problem very
fairly and represented the Plymouth Police Department in
an excellent manner. He was quick to respond and even
suggested several possible solutions to prevent this situation
from occurring again.
I appreciate the prompt attention and the professionalism
displayed by Mr. Lindman. He is to be commended for his effort.
Sincerely,
Bradley J. Beard
Director
BJB/bls
SPECIALISTS IN ORTHOPEDIC AND SPORTS REHABILITATION
.Z-1 40'. -
ow OF
February 14, 1989 PLYMOUTH -
Sandra L. Hansen
Ryan Properties, Inc.
505 N. County Road 18
Suite 295
Plymouth, MN 55441
SUBJECT: 1988 RECYCLING RESULTS
Dear Ms. Hansen:
Congratulations on a job well done!
City records show that you have continued your aggressive recycling efforts
in 1988. Attached is a sheet showing the total Plymouth recyling
collections including City and private company programs for 1988. Thanks in
a large part to your efforts, coupled with those of our residents, a total
of 27.7% of the total waste stream was recycled in 1988!
This is an outstanding example of how the general public and private firms
can work together to jointly achieve environmentally sound objectives.
I hope that in 1989 you will continue your outstanding efforts.
Sincerely,
Vi gil Schneider
Mayor
VS:kec
attachment
3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINN'L;;OTA 55447, TELEPHONE (612) 559-2800
I. City Curbside Program
2. City Yardwaste Program
3. Boys Scout Troop No. 584
TOTAL RESIDENTIAL TONS
3,269 Tons
932 Tons
55.4 Tons
4,256.4 Tons
(21.2 % of Residential Waste Stream)
1.
City Office Ledger Paper Collections
6.2
Tons
2.
City Public Works Drain Oil, Batteries and Tires
13.8
Tons
3.
Holiday Plus
484
Tons
4.
Erickson's New Market (Co. Rd. 6 and Co. Rd. 101)
195
Tons
5.
Ryan Properties, Inc.
42
Tons
6.
Snyder Bros. Drug
12.5
Tons
7.
Allied Plastics
12.0
Tons
8.
Carlson Companies
4,570
Tons
9.
Janssen's ICA Foods
44.0
Tons
10.
Towell Real Estate Company
90
Tons
11.
J. C. Penney Company
725
Tons
12.
Prudential Insurance
148
Tons
13.
Plymouth Country Store Foods
180.6
Tons
14.
TRIARCO Arts and Crafts
19.0
Tons
15.
Target Stores
185
Tons
16.
Erickson's New Market (Four Seasons Mall)
40.0
Tons
17.
Log House Foods
146.3
Tons
18.
Wagner Spray Tech
99.4
Tons
19.
Baxter Health Care Corporation
30.0
Tons
20.
CVN Companies, Inc.
2400
Tons
21.
Pink Company
45
Tons
TOTAL COMMERCIAL/INDUSTRIAL 9,487.8 Tons
GRAND TOTAL 13,744.2 Tons
(27.7 % of Total Waste Stream)
Don Mueller
J.C. Pennys Co.
1105 Xenium Lane
Plymouth, MN 55441
Marlyn Munsterman
TRIARCO Arts & Crafts,
14650 - 28th Ave. N.
Plymouth, MN 55447
Dave Wiggins
Holiday Plus Store
4445 Nathan Lane
Plymouth, MN 55442
Allen A. Lauer
CVN Companies, Inc.
1405 Xenium Lane.
Plymouth, MN 55441
Robert Lee
Inc. Prudential Insurance Co.
13001 County Road 10
Plymouth, MN 55442
James Rohn
Allied Plastics, Inc.
3005 North Ranchview Lane
Plymouth, MN 55447
David Leuer
Pink Companies
13405 - 15th Avenue North
Plymouth, MN 55441
Lois Rowbottom
Carlson Companies, Inc.
2010 East Center Circle
Plymouth, MN 55441
Ran Salmi
Plymouth Country Store
1455 State Highway 101
Plymouth, MN 55447
Nancy Jansson
Jansson's IGA Foods
11311 Highway 55
Plymouth, MN 55441
Harold Sand
Loghouse Foods, Inc.
700 Berkshire Lane
Plymouth, MN 55441
Dick Gibson
Wagner Spray Tech
1770 Fernbrook Lane
Plymouth, MN 55441
Allen Morrison
Erickson's New Market
4236 North Lancaster Lane
Plymouth, MN 55441
Gary Neilson
Erickson's New Market
1605 State Highway 101
Plymouth, MN 55447
Lee Trowe
Backster Scientific Products
13505 Industrial Park Blvd.
Plymouth, MN 55441
Paul Wolfe
Foods Target Distribution Center
2400 Xenium Lane
Plymouth, MN 55441
Don Rinkenburger
Scoutmaster, Troup 584
11530 - 54th Ave. N.
Plymouth, MN 55442
Sandra L. Hansen
Ryan Properties, Inc.
505 N. County Road 18
Plymouth, MN 55441
Janet Moe
Towell Real Estate Co.
Northwest Business Campus
Suite 120
=3033 Campus Drive
Plymouth, MN 55441
Larry Olson
Snyder Bros. Drugs
1425 Highway 101
Plymouth, MN 55447
-T-/ 4/6
CITY OF
February 23, 1989 PLYMOUTH+
Mayor Larry Donlin
City of Minnetonka
14600 Minnetonka Boulevard
Minnetonka, MN 55345
Dear Larry:
Congratulations on your receiving the Regional Citizen Award last night at
the Metropolitan Council State of the Region gathering.
You certainly have been dedicated as a School Board member and as Mayor for
seven years. Since you will not be running for re-election, I shall miss
seeing you at the Minnesota League of Cities, Metropolitan Council, AMM,
etc., meetings.
Larry, can't help but think that you and I came from the same fine city and
we both had dedicated parents in that community. Some of it rubbed off!
Why not run for governor - you'd be great.
Sincerely,
Bob Zitur
Councilmember
BZ:kec
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
-T eye .
v
.CITY OF
PUMOUTR
February 23, 1989
SUBJECT: PUBLIC INFORMATION MEETING
COUNTY ROAD 6 IMPROVEMENTS
CITY PROJECT N0. 829
Dear Property Owner:
The Plymouth City Council has established a Public Information meeting for
Monday, March 13, 1989 on the proposed improvements to County Road 6 from
Fernbrook Lane to County Road 101. The preliminary layout will be available
for review beginning at 6:00 P.M. with a formal presentation starting at 7:00
P.M. This meeting will be held in the Council Chambers at the City Center
Building, 3400 Plymouth Boulevard.
The Hennepin County Department of Transportation has completed a preliminary
layout for the widening and improving of County Road 6. The County is
requesting that the City Council give preliminary approval to this layout in
order that they can proceed with the preparation of more detailed plans.
Currently, this project is scheduled for construction by Hennepin County in
1989/90.
Before the City Council approves the preliminary plan, they are requesting
comments from the adjacent property owners. If you are unable to attend this
Public Information meeting, the plans will be available for review in the City
Engineering Department at the City Center Building between normal business
hours.
If there are any questions, please do not hesitate to contact me.
Sincerely,
Fred G. Moore, P. E.
Director of Public Works
FGM:sm
3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800