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Home My WebLink AboutCouncil Information Memorandum 02-09-1990CITY COUNCIL INFORMATIONAL MEMORANDUM February 9, 1990 RECYCLING CASH DRAWING Feb 7/8: NO WINNER NEXT WEEK: $300 UPCONING MEETINGS AND EVENTS..... 1. TOWN MEETING -- Monday, February 12, 7:00 p.m. Town Meeting for Area 4 in City Council chambers. Meeting notice and agenda are attached. (M-1) - 2. BOARD OF ZONING -- Tuesday, February 13, 7:00 p.m. The Board of Zoning Adjustments and Appeals will meet in the large office area conference room. Agenda attached. (M-2) 3. PLANNING COMMISSION -- Wednesday, February 14, City Council chambers. The Planning Commission Forum will begin at 7:15 p.m., with the regular Planning Commission meeting beginning at 7:30 p.m. Agenda attached. (M-3) 4. HRA MEETING CANCELLED -- The Thursday, February 15, meeting of the Plymouth Housing and Redevelopment Authority has been cancelled. 5. NEW MEETINGS -- Additional study and executive session meetings scheduled by the Council last evening for February include: 1) Saturday, February 24, 9:30 a.m. - Noon - Study & Executive Council Sessions - Topics: (1) Background and discussion on the uses of Tax Increment Financing (TIF); (2) Executive Session with City Attorney to discuss pending and threatened litigation; (3) Discuss policy on the revision of stop sign requests, the "deer problem", and police "lock -out" policy. 2) Monday, February 26, 4:30 - 6:30 p.m. - Study Session Topics: Senior citizen housing, and informal meeting with State senators and representatives 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 CITY COUNCIL INFORMATIONAL MEMORANDUM February 9, 1990 Page 2 6. LEGISLATIVE BREAKFAST MEETING -- Saturday, February 24. Northwest suburban officials will meet with local legislators at 8:00 a.m. at the Crystal City Hall. A copy of the meeting notice and agenda is attached. (M-6) 7. CALENDARS -- Meeting calendars for February and March are attached. (M-7) FOR YOUR INFORMATION.... 1. METRO PROPERTY TAX DEBATE LUNCHEON - The Twin West Chamber of Commerce, in conjunction with the Metropolitan Property Tax Coalition, is sponsoring a "property tax debate" on Friday, February 23 at the Registry Hotel in Bloomington. This debate and luncheon will commence at 12 noon and be completed by 2:00 p.m. It is being promoted as a "presidential style debate" with the following personalities responding to questions from the media and audience: Representative Paul Ogren, Chairman House Tax Committee Kathy Blatz, Ranking Minority Member Tax Committee Senator Steve Novak, Chairman Property Tax Subcommittee Duane Benson, Ranking Minority Member Tax Committee Also schedule to attend are Karen Boros as the Moderator and Betty Wilson, Star Tribune Capital Reporter, and Dennis Stauffer, KARE TV Capital Reporter. If you are interested in attending this luncheon, please let Laurie Rauenhorst know by February 14. (I-1) 2. LEAGUE OF MINNESOTA CITIES (LMC) 1990 LEGISLATIVE POLICIES AND PRIORITIES - Attached is a memo from Don Slater, Executive Director of the LMC•, which sets forth the nine priority legislative items of the League during this legislative session. As is frequently the case, most of the League's positions are reactive; trying to stop the continued erosion of various tools available to cities. If you desire to see a copy of the entire 1990 Legislative Policies and Priorities for the league, it is on file in my office. CITY COUNCIL INFORMATIONAL IEMORANDUM February 9, 1990 Page 3 3. LEGISLATIVE AMENDMENTS TO PAY EQUITY -- Attached is a memo from Frank Boyles reporting on Senate File 488A18, a proposal which would make major changes to the pay equity law. (I-3) 4. COMMISSION & BOARD APPOINTMENTS -- Attached are rosters for the Planning Commission, Board of Zoning Adjustments and Appeals, Housing and Redevelopment Authority, and Park & Recreation Advisory Commission which were revised to reflect appointments made by the City Council on February 8. The appointment of a liaison member from the Planning Commission to the Board of Zoning will be made by the Planning Commission. Candidates who were interviewed for Commission positions were notified by phone on February 9 of whether or not they were appointed. Mayor Bergman has sent a letter to each Commission applicant thanking them for applying and indicating their applicaion will be kept on file for 1990 should a vacancy occur. (I-4) 5. WHITING/GLYNN MEDIATION -- The West Suburban Mediation Center has set a second mediation session with Rick Whiting and Sohn Glynn for Wednesday, March 7. A copy of the meeting notification is attached. (I-5) 6. MINUTES: a. Shingle Creek Watershed Management Commission, December 14, 1989. (I -6a) b. Task Force on Outside Storage, Display and Sales, February 6, 1990. (I -6b) 7. LEAGUE OF MINNESOTA CITIES - 1990 LEGISLATIVE CONFERENCE -- The League's annual Legislative Conference is scheduled for -Wednesday, March 14 at the Radisson Hotel, St. Paul. A copy of the meeting notice and agenda is attached. Councilmembers planning to attend, should notify Laurie before March 5. (I-7) 8. DEVELOPMENT SIGNAGE-- Development signs have been installed at th following locations: 1) West of Nathan Lane and south of 13th Avenue. NSP is proposing a Site Plan and Conditional Use Permiut for an electrical substation. (90004) 2) Northeast corner of 54th Avenue North and Nathan Lane. OPUS Corporation is requesting approval of a Preliminary Plat, Site Plan, and Conditional Use Permit. The Preliminary Plat is for two industrial lots. The Site Plan and Conditional Use Permit is for the approval' of an office warehouse facility with the Conditional Use Permit being for incidental retail sales for one of the tenants'of the building. (90001) Both requests will be heard by the Planning Commission on February 14. CITY COUNCIL INFORMATIONAL t£MORANDUM February 9, 1990 Page 4 r� 9. SCHMIDT LAKE ROAD NEGOTIATIONS -- Attached is a copy of the City Attorney's status report to Maria Vasiliou on negotiations with property owners adjacent to Schmidt Lake Road. This matter will be discussed during the Council Executive Session meeting scheduled for Saturday, February 24. (I-9) 10. VOTES ON COUNCIL ACTIONS -- The City Attorney has also provided the attached article from the February Minnesota Cities addressing votes on Council actions and related issues. I-10 11. ZACHARY PLAYFIELD - PARKING ON ARROWOOD LANE -- The attached memo from Eric Blank discusses steps being taken to help eliminate neighborhood concerns with parking on Arrowood Lane by park visitors. (I-11) 12. TOWN MEETING FEEDBACK -- Staff responses to Area 3 Town meeting feedback forms are attached. (I-12) 13. FLOOD PLAIN MEETING WITH DNR -- As reported in January, Minnesota Department of Natural Resources representatives met with City staff on January 24 to discuss the City's Flood Plain Ordinance and its administration. Attached is a letter from Joe Gibson of the DNR on the results of that meeting and recommended changes to the City's flood plain ordinance, together with a memo from Blair Tremere. (I-13) 14. PLYMOUTH DOMESTIC ASSAULT INTERVENTION PROJECT -- The 1989 annual report for the Plymouth Domestic Assault Intervention Project is attached. (I-14) 15. WASTE TRANSFER STATION -- A status report on Hennepin County's application for a Waste Transfer Station is attached. (I-15) 16. CORRESPONDENCE: a. Letter to Michael Erlichmann, Regional Transit Board, from Frank Boyles, requesting RTB assistance in marketing the Metrolink reverse commuter service. (I -16a) b. Letter• from Brooklyn Center City Manager Gerald Splinter to Hennepin County Commissioner Tad Jude regarding the 1990 yard waste program. (I -16b) c. Letter from Pru Palecek, 11917 23rd Avenue No. suggesting a stop sign be considered for the railroad crossing on West Medicine Lake Drive north of Highway 55. (I -16c) CITY COUNCIL INFORMATIONAL MEMORANDUM February 9, 1990 Page 5 y d. Letter of appreciation to Plymouth Police from Mary Patterson for their sponsorship of the speed skating races and assistance with traffic control at the Fire and Ice Festival. (I -16d) e. Letter responding to Ruth Ault, 14870 18th Avenue No., from Eric Blank, on the Fire and Ice Festival. (I -16e) f. Letter of appreciation to the Police Departments of Plymouth and Hutchinson, and the McLeod County Sheriff, from Jeffrey Tews for assistance provided. (I -16f) g. Letter to Gene Rezac, Graystar Corporation, from City Assessor, concerning the valuation of the South Shore Apartments. (I -16g) James G. Willis City Manager January 24, 1990 Dear Plymouth Resident: SUBJECT: TOWN MEETING, Area 4 Plymouth is a developing community and there are many actions underway or in the planning stage which could impact upon you. In order to maintain open communication channels with residents of the community, the City Council has scheduled a Town Meeting for residents of your area on February 129 1990. In order to keep the meetings on an informal basis while dealing with specific topics of interest to you, the Town Meeting will be for the area shown on the map below. On the reverse side of this letter you will find the agenda topics for this meeting. Following reports on these topics, questions will be entertained regarding these or other matters. If you have questions about other issues you do not choose to raise publicly, the Resident Feedback Form you receive at the meeting may be used. Your particular concern will then be reviewed and a personal response provided. I encourage you to join Councilmembers Helliwell, Ricker, Vasiliou, Zitur and me at 7:00 p.m., February 12, 1990, at the Plymouth City Center. We are anxious to meet you and look forward to this opportunity to informally discuss matters of mutual interest. If you have any questions about the Town Meeting, please feel free to call your City Clerk, Laurie Rauenhorst, at 550-5014. Sincerely, 1990 TOWN MEETING PCHE I i AREA 1 `�— ocT. 22 Kim M. Bergman Mayor Ila, i a 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 TOWN MEETING AGENDA AREA 4. February 12, 1990 7:00 p.m. t I. 1990 PROPOSED CAPITAL IMPROVEMENTS A. Streets B. Sanitary Sewer C. Water D. Public Buildings E. Parks/Trails II. COMMUNITY DEVELOPMENT A. Development Activity B. Comprehensive Plan Update III. PUBLIC SAFETY A. Police/Fire Report B. Police/Fire Alarm Permits C. Neighborhood Watch Program D. Animal Control IV. OTHER ITEMS A. Public Transportation - Plymouth Metrolink/Dial-a-Ride B. Local Government Cable Access Channel 37 C. Solid Wasie Recycling Program BOZA AGENDA BOARD OF ZONING ADJUSTMENTS AND APPEALS WHERE: Plymouth City Center Council Chambers Tuesday, February 13, 1990 3400 Plymouth Blvd. Plymouth, MN 55447 1. CALL TO ORDER 7:00 P.M. 2. ROLL CALL 3. NEW BUSINESS A. Jerome and Betty Begin. Appeal of an administrative determination concerning property described as: PIN 04-118-22-43-0005 (02-03-90). 4. OLD BUSINESS A. Review staff memo regarding the variance procedure issues discussed by the Board on January 18, 1990. 5. ADJOURNMENT 8:30 P.M. PLANNING COMMISSION MEETING AGENDA WEDNESDAY, February 14, 1990 CITY COUNCIL CHAMBERS WHERE: Plymouth City Center 3400 Plymouth Boulevard Plymouth, MN 55447 CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner, citizen or petitioner so -requests, in which event the item will be removed from the consent agenda and considered in normal sequence on the agenda. � � ► ► ei�►i71 7:15 P.M. 7:30 P.M. January 24, 1990 A. OPUS Corporation. Preliminary Plat, Site Plan and Conditional Use Permit for property located at the northeast corner of 54th Avenue and Nathan Lane (90001) 6. NEW BUSINESS A. Northern States Power Company. Site Plan for property located west of Nathan Lane and South of 13th Avenue North (90004) A. Progress of Comprehensive Plan Update MEMORANDUM DATE: February 12, 1990 TO: City Officials and Legislators FROM: Mary E. Anderson, Golden Valley Mayor, Charles Darth, Assistant to the Manager and' Director of Intergovernmental Relations, Brooklyn Park RE: February 24, 1990, Legislative Breakfast Meeting 8:00 a.m., Costal City Hall We have arranged for a meeting on Saturday, February 24, at 8: 00 a.m. , Crystal City Hall , 4141 Douglas Drive N. Please put this time on your calendar. Orange juice, rolls, and coffee will be provided. The enclosed material is background information on agenda items. If you want other information discussed, please contact Charlie Darth at 424-8000, Ext. 269. 41R""B77 1. BUDGET DEFICIT = BUDGET CUTS 2. TAX INCREMENT FINANCING 3. COMPARABLE WORTH 4. CRIME AND DRUGS 5. OTHER CD:tlb Attachments -l. Preview: 1990 Legislative Session Laurie Fiori Hacking, Joel J. Jamnik, Stanley G. Peskar, Ann Higgins, Andrea Lubov, LMC staff Amid great concern over -the abor- . larger should the national economy dip public policy to penalize cities which tion issue and important state elections into a recession. have adequate reserve levels. Such in the fall of 1990, a sizable budget The Pe ich administration is action over the long -run would be coun- shortfall looms over the 1990 legislative expecte to Rropose cuts m 2ty W terproductive since it would encourage session, increasing the likelihood of programs to de-9-w-vith revenue - higher spending and more borrowing painful cuts in city aid programs sucha . , n ovember, former State and would likely result in lower bond as local government aid (LGA) and "Finance Commissioner, -Tom Triplett ratings. homestead and agricultural credit aid said that cuts in cities' 1990 local (HACA). The budget shortfall could government aid (LGA) allocations — Property tax changes also mean limited progress in the trans- due to be paid to cities in July and "on After the significant changes in our portation area as well as in all other December 1990— would be the property tax system adopted by the state planning programs. While cities' table." Less clear is whether aid pro- 1989 special session, the Legislature's revenue sources are being constrained, grams to schools and counties will also "on sentiment seems to be to refrain from their authority to promote economic development through tax increment be the table." The Legislature would need to consider aid cuts before making any further major changes. In a financing could be further curtailed by becoming law.- meeting last November, Rep. Paul the 1990 Legislature. Additionally, The city aid cuts could affect 1990 Ogren (DFL-Aitkin), the new House changes in the state's pay equity law payments. Such cuts would be parties- tax chair, indicated to League staff that could necessitate sizable increases in laxly burdensome to cities since they lin would prefer to make only mmor city personnel costs. would be retroactive in nature, coming adjustments in the new tax law and well after cities have finalized their Only if they are needed. He also said Ald�euts�oss�ible budget and levy determinations for that he may want to look at the sepa- rate equalization aid formula for cities. 1990. The cuts could result in large In November, the state finance unanticipated revenue shortfalls for One major change made last year department released its forecast of cities and essentially transfer the was the $100 million transfer of city revenues and expenditures for the state's revenue shortfall problem to and township aid to school districts• remainder of the 1990-91 biennium... cities. House Majority Leader Dee Long The forecast indicates a shortfall of Administration officials are also (DFL -Minneapolis) warned that this aid $161 million through the period ending examining ways to 6ase aia cuts on city transfer may be perceived as popular June 30, 1991. The shortfall is likely to serveevT els: and that the Legislature is likely to be much higher—in the neighborhood co ro seare air d cuts for consider further aid transfers away of $200 million to $250 mMion—once caties with • _e gue fthm cities and to other local units. the state counts all obligated expendi- s argued that it is unfair and bad ` Another big change ratified last year tures. The shortfall would: grow far 1• is the conversion of the homestead ' ...._ .... �' �� .-r ••, _,,...y,.,Z..-� ^ t.+wT Sty JJ ..�'''4 • > r -°r? = Se ^... i•.L•• ,: Y..i� _ �.-' `dies A� credit program into an aid program (HACA) which has a different structure and formula than the original home- stead credit program. The initial design of the HACA formula was to compen- sate for tax base losses from legislated reductions in classification rates. How the formula will work in the future is in some doubt. Policy analysts worry that because the complexity of the formula and its newness the formula could work in unforeseen and unintended ways and could create a more expensive program than the original homestead credit proms. There will be pressure from some to phase out the HACA program (as the administration originally recommended) and to transfer HACA resources to other aid programs, such as the LGA formula for cities. The new tax law already transfers most of school HACA to the school aid formula. There may be a gradual transfer of county HACA to other county aid programs so that it directly funds county welfare and income maintenance programs. Local government aid Few people are happy with the cur- rent LGA program. It has been criti- cized because it is extremely complicated, contains what some con- sider to be arbitrary elements, and it grandfathers previous LGA levels. The administration has been particularly critical of the program. The special session tax law. mandates a study of the LGA program during 1990, in preparation for the 1991 legis- lative session. The 1990 Legislature could still consider changes in the equalization aid component of LGA. The Legislative Commission on Plan- ning and Fiscal Policy, an 18 -member, bipartisan committee of legislators, will conduct the LGA study. One issue that the LGA study will likely address is the definition of "need" in the formula. Past LGA formulas have relied on current city spending or taxing levels as the defini- tion of need and this definition. has been criticized by some legislators. The new tax law requires the commission to conduct a "representative expenditure study of alternative means *to assess 3-A—LO the relative service needs of cities, 1984. Proponents of the comparable counties, towns, and school districts." worth law have already begun efforts Such as assessment of relative spend- to amend the law to establish a differ- ing needs might incorporate such fac- ent definition of implementation. tors as age of population, age of Current law provides that the state housing, poverty levels, infrastructure manto has been complied when requirements, and crime rate into a a "reasonable relationship" exists new LGA formula. tween the coin nsatcon providecl to similarly valued jobclasses. Questions Tax increment financing regarding valuation, internal factors such as merit and seniority, and outside The signs all pointed to "no major factors such as mandatory binding arbi- changes" in tax increment financing tration, market availability, and fiscal (TIF) during the 1990 legislative ses- constraints cannot be easily separated sion. Major changes had been enacted . -from the simple precept of comparable in the 1988 and 1989 sessions, new worth: that some jobs, held mainly by reporting requirements become effec- women, pay less because they are held tive for taxes payable in 1989, and the by women. Legislative Auditor's study on tax How to discern and quantify the pay increment financing was expected to be differences due to discrimination from published in the summer of 1990. It pay differences due to nondiscrimina- appeared that 1990 was a year to tory reasons is the single biggest prob- evaluate the changes made during the lem facing public employers seeking to past two years. implement pay equity or comparable However, now this does not seem worth. to be the case. Paul Ogren, (DFL- Some attribute all differences in pay Aitkin) new chair of the house tax between similarly valued female and committee, and Bobanase male dominated job classes as arising ewPPrague),sspe�er o e Imse, from discrimination. Others are unwill- will lace reform afTa-RMcrement ing to comae that any difference can financing at the top of their agendas lar ever by attributed to the gender of e 199U session. ear concerns are that TIF is costing the state M310UM those doing the job. A surprising num- ber of people feel comfortable at either money, anci that cities areae o of these two extremes. these juridictions have no say in the use of their funds. It should be noted that these other governments bear none of the risk if the development should fail. Likely areas for legislative action include tightening the "but for" and blight tests, enacting guidelines for the types of projects cities may use TIF, further limitations on the types of public expenditures which TIF can finance, and creation of intergovernmental boards to review TIF districts and resolve any intergovernmental disputes concerning TIF. Pay equity Minnesota's unique .comparable orth law may receive its first major overhaul since its original enactment in e is analyzing these patterns is by visually comparing the lines resulting from graphing male jobs and female jobs using their values and compensation levels. The bill would authorize the Commissioner of the Department of Employee Relations to do this analysis. Following a consultation. and appeal process, the commissioner could order the imposition of an LGA reduction against any community not meeting the standard of equivalent patterns. The issue is complicated and poUd- cally sensitive and has the potential for being expensive for communities found to be out of compliance. 1 •"I Febrtwry 1990 +�^. y�y�(� .3•�ti �s ,�:_� �;�y:<, c__....: ..r;--.. :y � �._, :;t r j : � w�:� _...-..... $ '" . e "'- y,..a T. ��G�aS�=^��X�'•Yt'L.� "R.'�CXi".iS:�:Y�` R.��'T•:•]�^�y:�F��•'4r..r �_�.Z•a Talking Points 1. Amendments adopted in 1988 and 1989 have made new districts subject to limitations and criteria regarding use of increment, intergovernmental reviews, and amount of increment to be retained in the district. The amendments should result in smaller districts and decrease the ability to pool increments or amend plans for additional public expenditures. 2. There is evidence that the restrictions may already be working. A Senate Research Report dated July 26,-1989, demonstrates that the rate'of growth of tax increment value has slowed significantly. From 1987 to 1988 the increase was 31%, from 1988 to 1989 this had decreased to 19%. " 3. Property tax reform has and will impact TIF districts. Several districts receiving disparity aid have experienced decreases in TIF revenues. Some cities have been required to levy taxes to make up TIF shortfalls. Districts that have a large number of homesteads could have TIF shortfalls. The shortfall could occur because the homestead credit or its successor program - RACA - is no longer paid to the district. 4. There should be no TIF action in 1990, which will be a short, intense session. Much more information will be available in the 1991 session. For example: - The Legislative Commission on Fiscal Policy has TIF as a part of its work program. They should be encouraged to work on TIF in preparation for the 1991 session. - The State Planning Agency is conducting a study of social and economic development needs in Greater Minnesota. More comprehensive TIF data will be available from the Department of Revenue beginning.in 1991. - The Legislative Auditor will be conducting a comprehensive review of local economic development powers, policies, and tools in preparation for the 1991 session. Too much emphasis is being. put on the details of the TIF tool. TIF is -:a tool and not a policy. More focus needs to be put on the underlying policy issues associated with TIF. . ..r r S. House Research estimates that TIF costs the state $70.0 million annually. The estimate assumes that all of TIF development would occur anyway. The estimate does not consider spin-off development, such as the projects in downtown Minneapolis, nor does it consider increased state sales and income taxes generated in the district or the spin-off projects. 6. Arguments for particular cities and interest. 7. Political arguments. • M • r" �2_ .•. .., ...:.. _ ._ +.• •. -• _ rte_-•-+ Sri Ji f co m N N LLID N Qf to — N O •' m N Cf T N O n It N M QZ N O N tm O O Lo N N i n a N CO N -7 �tnona� � � N t•f y rx N to CD N M Z O to N N ami :'a = P.M o N V (0 V) N N Ho to 04 m N i z a CO N w f co m N N LLID N Qf to — N O •' m N Cf T N O n It N M QZ N O N tm O O Lo N N i n a N CO N -7 Ho U � cc D La H.. Q,• H aoi E 0 C2 N M T- ems— NWUm Q 0 LL C0 M N V— N z 0 0 U ,.., N cn LL1 W U -1a g 2 �- U H U a c� a M N V) Lr) w 0 0 En a rz e- N Q w moa o Q Z LO UO m O a LLI W z Z th LLI C> r W Q C r3 r. LL- a N N a z ' z 0 O LL U N O LJJU D =o LLI ~ M C) I� a s co r- N N z Co O y N p [L z 00 UO U W^ LL. (M p WM LIJg LL- LLI z O a 6 s �� Otn :nrn H ^ 0 Z¢ O >- O O F j 3w = i— U CD c.7 co a F -a U N �=� Q Z D 0V N n r N N 8 LL O N N = O N O ~ 00 1f) LU r N J 3 IL LLS M o C4 O N O CO N M i Z - 00 LO N N N z U Q t t t 0 N i �eoona � •' N Q Q N Qf OD N i LL i i. O O •- M UA N N On r � Y¢ w r N N F 3 � t. ., m P O N N IL Q Lo w CD OZ N a_ �PoN N YA --7 0 N Q Q Q � F N Q Q p L Qz c� � Q W CL W W d ~ M r LO CC co N v/ r- 00 a _ N N pLO L) C> M 0 z ^ Z C cr) W co �� a� Z z Q o Z � Q L w O D t- M x o O C� m N N Q cU UU z o p M o .. p ^ J J cD� N M �� Cfl LO uj� r' r' owM N a Q Z D U) co LO d' � N Twin West Chamber of Commerce, in conjunction with The Metropolitan Property Tax Coalition presents: PROPERTY TAX'DEBATE Media Panel Will Question Top Tax Legislators Date: Friday, February 23, 1990 • Presidential -style debate • No speeches Location: Bloomington Registry Hotel legislators will respond to questions 790124th Avenue South from media and audience • Coalition represents 23 Chambers of Commerce Time: Noon -1:30 p.m. representing 55 cities LEGISLATORS MEDIA Representatives Paul Ogren -(DFL -Aitken) Chairman of House Tax Committee Kathy Blatz-(IR-Bloomington) Ranking Minority Member of Tax Committee Senators Steve Novak -(DFL -New Brighton) Chairman of Property Tax Sub -Committee Duane Benson-(IR-Lanesboro) Ranking Member of Tax Committee Senate Minority Leader Karen Boros-Moderator Former CBS Correspondent Capitol Reporter for Minnesota Public Radio Betty Wilson Star Tribune Capitol Reporter Dennis Stauffer KARE TV Capitol Reporter METRO PROPERTY TAX DEBATE REGISTRATION Enclosed is $ ($25 each) for tickets to the Metro Property Tax Debate Luncheon at Noon, February 23, at the Bloomington Registry Hotel, 790124th Avenue South. Name Company/Organization Address City T& Return with check payable to: TwinWest Chamber of Commerce, 10550 Wayzata Boulevard, Suite 2 Minnetonka, MN 55343 (Phone: 540-0234) 1! League of Minnesota Cities L 183 University Ave. East St. Paul, MN 55101.2526 (612) 227.5600 (FAX: 221.0986) January 31, 1990 FEB 5 1990 ., CITY OF PLYN101113TH.� TO: Mayors, Managers, Clerks, and LMC Policy Comm' d'i c ers FROM: Donald A. Slater, Executive Director RE: LMC 1990 City Policies and Priorities Enclosed are the League's 1990 City Policies and Priorities for Legislative and Administration Action which were adopted at the League's November Policy Adoption Conference. The League owes a great deal to the city officials who worked many hours throughout the summer and fall to reach agreement on important legislative concerns and draft our policies. City officials from every region of the state were represented in our policy process. As a result, our legislative recommendations reflect the consensus opinions of city governments. The League hopes to count on your help during the legislative session to influence legislators on several of our "A" priority issues as outlined below: 1. Tax Increment Financing. --The League supports preservation of this vital redevelopment and economic development tool and opposes efforts to limit its use. 2. Consolidated Local Government Elections --Important election, voter participation, and cost issues should be resolved before local government elections are consolidated. 3. PELRA --The League supports giving public employers the option of either requesting arbitration within a specific time period or allowing essential employees to legally strike. 4. Comparable Worth --Changes in the comparable worth law should not occur until the current implementation deadline of December 31, 1991 has elapsed. - OVER - 5. Open Meeting Law/Data Practices --The League supports continuing the rule enunciated by the Supreme Court in the Annandale Advocate decision that meetings of public bodies must be closed when data classified as other than public are to be discussed, but fully supports a legislative review of data practices and modification of the act to provide public access to governmental actions. 6. Wastewater Treatment --The League supports continued state and federal assistance, and alternative programs, to provide financing for wastewater treatment construction projects. 7. Solid and Hazardous Waste --The League supports continued efforts to minimize or eliminate the need to landfill solid and hazardous waste, but opposes statutory requirements for paying haulers compensation for changes in collection practices or reducing city authority to regulate packaging or the siting of solid waste facilities. S. Transportation --The League supports providing an adequate and stable source of highway and transit funding and favors retaining a local share of any additional MVET transferred from the general fund. 9. Local Government Aid (LGA) --The League supports continuation of the LGA program as an essential component of the state's property tax relief system. No further cuts or transfers of city aid to school districts or counties should occur. We hope you will help us with these priority issues. If you are not presently serving on a policy committee and are interested in doing so, please contact Julie Johns at the League office. 3 CITY OF PLYMOUTH 3400 PLYMOUTHTEB PHONE (MO 559,-2800MINNESOTA 55447 MEMO DATE: February 9, 1990 TO: 3ames G. Willis, City Manager FROM: Frank Boyles, Assistant City Manager SUBJECT AMENDMENTS TO EXISTING PAY EQUITY LAW I serve as the Chairperson to the League of Minnesota Cities Pay Equity Task Force. We have been monitoring with concern a proposal (Senate File 488A18) which would make major changes in the existing pay equity law. To discuss these concerns with state legislators, the attached meeting invitation was sent to representatives and senators serving most metropolitan munici- palities. The meeting which took place on Thursday, February 8, was attended by five legislators, none of which represent Plymouth. The primary concern with the new legislation is that it changes the defini- tion of "equitable compensation relationships" in midstream. The existing legislation provides for a December 31, 1991 deadline for implementation of comparable worth plans. Public agencies within the State have been using that deadline in their implementation efforts. Now the legislature wants to adopt new, more stringent requirements.with the same deadline. The problem is that there is no objective data which suggests the need for a stronger definition. This is a potentially expensive piece of legislation which will require all 1,255 implementing agencies within the State to redo their pay equity plans and will result in higher pay equity costs to each implementing agency. The new definition under a worst-case scenario requires that females be paid identical to males in similarly valued jobs. The legislation fails to consider length of service, pay for performance principles, and the problems which arbitration and negotiation cause in implementing pay equity. Legislators that were in attendance frankly stated that they could not vote against this woman's issue. The statements made by senators at the recent Senate Government Operations Committee hearing on this bill confirm this. For municipalities, the new legislation means higher payroll costs. Since we cannot and do not want to levy more taxes to cover the increased costs, we will have no option but to reallocate funds from existing expenditures. As time passes, our female -dominated job classifications will continue to be paid higher than the private market by 30 percent or more. At some point the tax paying public will recognize his situation and we, in local govern- ment, will be labeled as "fiscally irresponsible." I will keep you advised of the status of this legislation. attachment February 2, 1990 CITY C PLYMOUTR Senator James Ramstad 123 State Office Building St. Paul, MN 55155 SUBJECT: MUNICIPAL CONCERNS ABOUT PROPOSED COMPARABLE WORTH AMENDMENTS Dear Se �Ramstad: Last week the' Senate Government Operations Committee conducted a public hearing on S.F. 488 A18. It appears that there is strong support for the amendment by committee members. While innocuous looking, S.F. 488 A18 is far reaching in its impact: 1. It completely changes the definition of pay equity implementation requiring all 1,255 public agencies to redo their pay equity Implementation plans. 2. The new definition ignores the real world. It eliminates pay for performance, consideration of recruitment and retention issues, and length of service in setting employee pay levels. 3. The new definition will eventually do away with labor negotiations as we know them. The definition fails to recognize that current labor negotiation laws and arbitration mandates, especially the police/fire arbitration exemption, impede effective pay equity Implementation efforts. 4. The new definition promises lock step pay increases. If wages of a male class or bargaining*unit increase, then so to must the female class in order to maintain "pattern" compliance. In short, S.F. 488 A18 is bad public policy with an expensive price. Cities are implementing their pay equity plans under the current law. Minnesota is already the nation's leader in pay equity efforts. Present law has established: 1. A satisfactory definition of pay equity implementation. 2. A deadline date for complete implementation. 3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 559-2800 3 Senator James Ramstad February 2, 1990 Page 2 1 3. Severe penalties for non -implementation. 4. A means by which differences can be arbitrated. There is no objective data which warrants a change in existing statute. The Department of Employee Relations Pay Equity 100 study reviews less than 10% of the 1,255 implementing agencies. No one has taken a look at the remaining 1,155 to determine what the problems are. Legislative changes should only be proposed once we know what the real problems are. We support pay equity efforts. Prior to the 1984 pay equity laws, the City of Plymouth was making adjustments to female dominated positions. Since the law, the City has undertaken four different pay equity studies in order to establish and maintain our pay equity implementation plan. We have invested $100,000 annually in salary adjustments to implement our efforts. We are concerned nonetheless about S.F. 488 A18 and its substantial impacts. Assistant City Manager Frank Boyles has been active on the subject and serves as the Chair to the League of Minnesota Cities Pay Equity Task Force. On behalf of Frank and the TUG group (an organization of personnel managers from metropolitan area suburbs), I invite you to a meeting at Fridley Municipal Center, Room 1, Lower Level, scheduled for 1:30 p.m. on Thursday, February 8, 1990. Member cities have invited their senators and representatives to attend so that they might better explain their concerns about this important topic. I recognize your busy schedule and the political realities of this issue. Nonetheless, I hope that you will be able to attend the TUG meeting, or in the alternative, support our concerns on this matter. For your information, I am attaching an outline of testimony which Frank Boyles was scheduled to have given at the Senate Government Operations Committee meeting. If you have any questions, please call me at 550-5011, or Frank Boyles at 550-5013. Sincerely, am G. Willis City anager JW:kec attachment cc: Mayor & City Council League of Minnesota Cities Bill Hunt Frank Boyles, Assistant City Manager PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY Name Dave Crain 13200 - 38th Ave. N. Plymouth, MN 55441 Stephen Ludovissie 12540 - 54th Avenue Plymouth, MN 55442 Jon Gutzman 11021 - 48th Avenue N. Plymouth, MN 55442 Kenneth Palmer 18020 - 27th Place N. Plymouth, MN 55447 Lloyd Ricker 17015 14th Ave. N. Plymouth, MN 55447 Telephone No. R. 559-1642 0. 540-4105 R. 553-7995 0. 559-2128 R. 559-8476 0. 298-4481 R. 473-1513 0. 540-7441 R. 473-6416 -_A_ aA 2/90 Term Expires 1/31/91 1/31/92 1/31/93 1/31/94 1/31/95 The annual meeting of the Housing Authority shall be held in January at the regular meeting place of the Authority. Regular meetings of the Housing Authority shall be held on a day determined by the Chairman, every other month commencing with March, at 6:30 p.m. at the regular meeting place of the Authority. The Authority may cancel any regular meeting other than the annual meeting. Members are appointed for five-year terms expiring the end of January or until a new commissioner has been selected as a replacement. Chair, Vice Chair;* and Secretary are appointed by the Authority. Name and District PLANNING COMMISSION - CITY OF PLYMOUTH Telephone No. 2/90 Term Expires Richard G. Plufka Chair R. 559-2347 1/31/91 4095 Terraceview Lane At Large 0. 667-8510 Plymouth 55447 Michael Stulberg Vice Chair R. 478-6831 1/31/92 6010 Troy Lane District #1 0 546-8395 Plymouth 55446 Dennis Zylla District #2 R. 473-4601 1/31/92 3125 Holly Lane N. 0. 332-4649 Plymouth 55447 John Wire District #3 R. 559-5401 1/31/91 4130 Quaker Lane 0. 936-6409 Plymouth 55441 Harold Pierce District #4 R. 553-1079 1/31/91 5930 Kirkwood Lane N. 0. 566-3871 Plymouth 55442 Larry Marofsky At Large R. 544-9685 1/31/91 2835 Medicine Ridge Road 0. 566-4570 Plymouth 55447 Joycelyn Tierney At Large R. 473-1681 1/31/91 17915 20th Ave. Plymouth 55447 Blair Tremere, Director of Planning and Community Development Chuck Dillerud, Community Development Coordinator Maria Vasiliou, Council Coordinating Representative Meetings are held the second and fourth Wednesdays of the month at 7:30 p.m. in the Council Chambers of the City Center. A Public Forum is held the first meeting of the month at 7:15 p.m. Members are appointed for two-year terms expiring January 31st of that year. The Chair and Vice Chair shall be appointed by the Mayor from among the members of the Commission and shall serve for a term of one year. k __ —1 2/90 BOARD OF ZONING ADJUSTMENTS AND APPEALS - CITY OF PLYMOUTH Name Telephone No. Term Expires Jay Naftzger, Chair R. 559-8954 1/31/91 3335 Niagara Lane 0. 553-5707 Plymouth, MN 55441 Michael A. Porzio R. 475-3644 1/31/92 17620 - 25th Avenue No. Plymouth, MN 55447 George Hoff R. 559-5383 1/31/91 4250 Ximinies Lane 0. 559-7242 Plymouth, MN 55441 Chuck Ulmer R. 559-0285 1/31/92 3716 Rosewood Lane 0. 541-8055 Plymouth, MN 55441 Robert Mueller R. 559-9647 1/31/92 4612 Rosewood Lane Plymouth, MN 55442 Donald Butler R. 557-6876 1/31/92 12805 55th Ave. N. Plymouth, MN 55442 * R. 1/31/91 Al Cottingham, Associate Planner Joe Ryan, Building_Official Kim M. Bergman, Council Coordinating Representative Meetings are held the second Tuesday of the month at 7:30 p.m. in the City Center Council Chambers. Members are appointed for two-year terms expiring on January 31st of that year. One member is a member of the Planning Commission and shall be appointed for a term coinciding with his/her term on the Planning Commission.* The Chairperson shall be appointed by the Mayor from among the members of the Commission. 2/90 PARK & RECREATION ADVISORY COMMISSION - CITY OF PLYMOUTH Name Telephone No. Term Expires Frank Freels, Chair At Large R. 559-9239 1/31/91 15115 38th Avenue N. 0. 476-6386 Plymouth, MN 55446 Barbara Edwards District #3 R. 545-1912 1/31/92 3935 Orleans Lane 0. 557-5057 Plymouth 55441 Marlene Waage District #1 R. 559-8222 1/31/92 13925 61st Ave. N. 0. 545-1683 Plymouth, MN 55446 Donald Anderson At Large R. 545-3608 1/31/92 417 No. Union Terrace Lane Plymouth 55441 Carol Beach District #2 R. 473-8245 1/31/91 325 Merrimac Lane 0. 473-8245 Plymouth 55447 Phyllis Hanson District #4 R. 559-0561 1/31/91 5310 Larch Lane 0. 533-7595 Plymouth 55442 Richard Rosen At Large R. 475-0508 1/31/91 18715 27th Avenue No. 0. 333-9670 Plymouth, MN 55447 Eric Blank, Director of Parks and Recreation Lloyd Ricker, Council Coordinating Representative Meetings are held the second Thursday of the month at 7:30 p.m. in the Council Chambers. Members are appointed for two-year terms expiring January 31st of that year. The Chairman shall be appointed by the Mayor from among the members of the Commission and shall serve for a term of one year. •• AL/v s V V .ate V i Wi/i ai 11 i• aaiai fa in, s s v i � v iia 19 s Z/aIW 32 Tenth Avenue South, Suite 211, Hopkins. 14N 55343 (612) 933-0005 Z'f?. kick Whiting John Glynn DATE cebruarr' l�)� RE- lxlediation Hearing Case 5 9141 r�I =: 5 :j kt) FESS :.\CITY iii We are pleased that the West Suburban Mediation Center has been able to schedule a mediation hearing to assist you with the resolution of some differences you have been experiencing Inability to attend requires y< a advise the West Suburban Mediation tenter at least 24 hours before the hearing unlzss there is an emergency . Your mediation hearing has been scheduled for - Second Mediatiom . Wednesday, March 7, 1990 at 7:30 p.m. Plymouth City Center, Council Conference Room, 3400 Plymouth Boulevard, Plymouth, MN. At the hearing two neutral mediators from our Center will meet jointly with Ica and the other party or parties. The mediatorswill assist in defining the concerns. exploring passible solutions. �-id developing a mutually acceptable agreement. c.f terms that can resolve the situation Thank you in adv- an ce for ym: -.• cooperation . We loot: fom and to meetin g you . Sin cerelr Susan a -elsan Executive Pirectol. j SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION 3030 Harbor Lane • Plymouth, MN 55447 Telephone (612) 553-1144 Fax (612) 553-9326 M I N U T E S December 14, 1989 A meeting of the Shingle Creek Watershed Management Commission was called to order by Chairman Neil Johnson on Thursday, December 14, 1989, at 12:55 p.m. at the Saint Andrews Club, 8100 Edinbrook Cross- ing, Brooklyn Park, Minnesota. Present were: Sy Knapp, Brooklyn Center; Neil Johnson, Brooklyn Park; Bill Monk, Crystal; Gerald Butcher, Maple Grove; Perry Damon, Minneapolis; Mark Hanson, New Hope; Gene Hakanson, Osseo; Fred Moore, Plymouth; Lee Gustafson, Robbinsdale; Bill Weidenbacher and Dale Claridge, JMM; Curt Pearson, attorney; and Judie Anderson, recording secretary. Also present was: Jerry Splinter, Brooklyn Center. 1. Minutes. Monk moved and Johnson seconded a motion to approve the minutes of the November 9, 1989 meeting with the following correction: In paragraph 3, the claims totaled $8,264.68. Motion carried. 2. Treasurer's Report. Moore moved and Hakanson seconded a motion to approve the Treas- urer's Report. Motion carried. Moore reported that he will begin depositing monies in a 4M Fund at the first of the year. 3. Approval of Claims. Moore moved and Knapp seconded a ing $8,159.12. The claims were - Knapp, Johnson, Monk, Butcher, and Gustafson; nays - none. 4. Correspondence. motion to approve claims total - approved by roll call vote: ayes Damon, Hanson, Hakanson, Moore, The Commissioners reviewed the Communications Log. No action was required. Butcher gave an update of the activities of the Metropolitan Lo- cal Water Management Task Force. The next meeting of the task SCWMC Minutes • December 14, 1989 page 2 force is scheduled for December 15 when the members will take a final vote on recommendations to the legislature. The recommen- dations will be mailed to the members this month. Moore indicated that a meeting of the WMO-NCD Water Quality Ad- visory Committee scheduled for December 1 was cancelled, The Commissioners discussed documents received from Pearson and JMM re water appropriation standards and permitting. Monk moved and Gustafson seconded a motion directing staff to revise the permit form and advising the Commissioners to make their comments to JMM so a final package can be presented for a vote by the Com- missioners at the January meeting. Motion carried. 5. Management Plan. Pearson has written a letter to the owner of the Sandpiper Dental Square Building re the floodproofing project for which the Com- mission has received a DNR flood hazard mitigation grant. Pear- son, Johnson, Claridge, and the owner will meet on December 22 to discuss this project. Claridge has inspected the area of concern and will present three options for consideration. JMM will keep a log of the costs of the project. Moore moved and Butcher seconded a motion authorizing the Chair- man and the Secretary to accept the DNR grant subject to the owner supplying the right-of-way at no cost. Motion carried. [The meeting was suspended at 1:40 in order to conduct a public hearing to hear persons who wish to comment on the proposed Twin Lakes/Ryan Lake Outlet Modification Improvements.] 6. Public Hearing. The hearing was called to order by Johnson at 1:40 p.m. Knapp, Monk and Gustafson stated that their communities held in- formational meetings re this project. Knapp presented a certified copy of a resolution from the City of Brooklyn Center indicating that City's approval of the project. Johnson moved and Hakanson seconded a motion to receive the reso- lution. Motion carried. Hanson indicated that the City of New Hope approved the Twin Lakes/ Ryan Lake project but did not approve the subdistrict method of assessing the costs of the project. Monk indicated his City supported the project. Gustafson reported that his City has received favorable comments about the project and citizens have also inquired about addition- al improvements to the area. Johnson noted receipt of a letter from the City of Minneapolis SCWMC Minutes December 14, 1989 page 3 5. re the status of enclosure of Ryan Creek with 60" storm drain by that City. The letter indicated this project has been in- cluded in its 1990 capital improvement budget which will be finalized December 20. There being no further comments, the hearing was closed"at 2:00. [The meeting was resumed at 2:00.] Management Plan. (continued) After discussion by the Commissioners and amendments to the draft resolution ordering improvements and preparation of plans for the Twin Lakes/Ryan Lake Modification Improvements Project, Knapp moved and Gustafson seconded a motion to adopt the amended reso- lution. The motion was carried: voting aye: Knapp, Johnson, Monk, Butcher, Damon, Hakanson, Moore, and Gustafson; voting nay: Hanson. The resolution, requiring seven affirmative votes, passed. The City of Robbinsdale will contract for the improvements and the Robbinsdale City Engineer is designated as the project engi- neer. Pearson will mail the revised resolution to the parties for sig- nature. Knapp indicated the subcommittee tion of management standards for port at the January meeting. formed to discuss the applica- redevelopment projects will re- Weidenbacher has prepared letters of transmittal for responses to the comments of various state agencies re the Management Plan. A meeting with representatives from those agencies, the Executive Committee, and Commission staff is scheduled for January 3. Monk moved and Butcher seconded a motion to continue to the Janu- ary meeting a review of the proposed 1990 water quality monitoring program. Motion carried. Loren Larson will attend the meeting and provide a breakdown of the costs of the proposed program. 6. Project Reviews. 89-19 City of Maple Grove. VenStar Pond Improvements (City Pro- ject 88-18) which includes construction of two adjacent stormwater ponds and a storm sewer lift station to be located in the south- west quadrant of the intersection of County Road 81 and Zachary Lane along the Burlington Northern tracks in Maple Grove. Knapp moved and Moore seconded a motion directing the consultant to advise the City of Maple Grove that approval of 89-19 is here- by granted conditioned upon the applicant's meeting the conditions set forth in the consultant's report and recommendations, i.e., 1. Required drainage easements for ponding and access shall be dedicated to the City. LP SCWMC Minutes December 14, 1989 page 4 Motion carried. V 89-20 Hennepin County Regional Railroad Authority, Minneapolis, MN. Draft Environmental Impact Statement for the proposed Henne- pin County Light Rail Transit System (LRT) including four corri- dors serving the Cities of Minneapolis, Bloomington, Robbinsdale, Brooklyn Park, Crystal, Golden Valley, Hopkins and St. Louis Park. Moore moved and Damon seconded a motion directing the consultant to advise the Cities of Minneapolis, Brooklyn Park, Crystal and Robbinsdale that approval of 89-20 is hereby granted conditioned upon the applicant's meeting the conditions set forth in the con- sultant's report and recommendations, i.e., 1. The proposed construction of the LRT system within the Shingle Creek Watershed shall be in accordance with the Draft EIS and the Findings of the consultant's report and also in conformance with the Management Standards of the SCWMC- 2. There shall be no reduction in available storage within the 100 -year floodplain as a result of the construction of the LRT system. 3. The location of Wetland 639W is shown incorrectly on Figure 4.32A. Wetland 639W is actually located three quarters of a mile to the east along the northeast edge of the Crystal Airport and is outside the North- west Corridor Study Area. An unnamed DNR Protected Watercourse passes under the existing railroad tracks in the area shown as Wetland 639W on Figure 4.32A. The construction of a LRT system provides opportunity to examine and perhaps improve the existing drainage conditions at this stream crossing. 4. Wetland storage areas along Shingle Creek upstream of the existing railroad tracks are an important element in the. runoff management strategy of the SCWMC. Any proposed modifications to the existing outlet resulting from the construction of an additional railroad track bed across the creek shall be -reviewed by the SCWMC- 5. The SCWMC shall be involved in planning efforts and future design considerations for the LRT system affect- ing water resources within the Shingle Creek Watershed. 6. The project shall be submitted to the SCWMC for final review and approval. Motion carried. 89-21 Steven Hoyt Co., MI-nneapolis, MN. Development of a commer- cial site to be known as Damark International, Inc. consisting of � -1 LO:5--L SCWMC Minutes December 14, 1989 page 5 an office/warehouse building, parking lot and loading docks on a 14 -acre site located on the west side of Winnetka Avenue between 70th and 71st Avenues North, Brooklyn Park. Johnson moved and Hakanson seconded a motion directing the con- sultant to advise the City of Brooklyn Park that approval of 89-21 is hereby granted conditioned upon the applicant's meeting the con- ditions set forth in the consultant's report and recommendations, i.e., 1. Due to the impracticality of using paved areas of the site for ponding, stormwater treatment ponds shall be located outside paved parking and loading dock areas. 2. Required drainage easements shall be dedicated to the City for those areas below the 100 -year flood elevation of 874.5. Responsibility for maintenance of ponding areas and outlet structure/skimmers shall be assigned to the fee owner of the parcel or assumed by the City. 3. The City is advised to inform the owner that the Com- mission has adopted revised 100 -year flood profiles in their Watershed Management Plan. The -100 -year flood level in this area of Shingle Creek is approxi- mately 874.5 and allowable filling within the flood- plain should require compensatory storage below this elevation. 4. Final plans and calculations in conformance with the above recommendations shall be submitted to the Com- mission's Engineer for review and approval. Motion carried. 89-11 Opus Corporation, Minnetonka, MN. Development of a commer- cial site to be known as "Northgate Business Plaza," located im- mediately east of 1494 and north of Bass Lake Road, Maple Grove. The developer has requested a variance for this project. Butcher moved and Gustafson seconded a motion to table discussion of this project until a request is received by the Commission from the City of Maple Grove. Motion carried. There being no further business before the Commission, Knapp moved and Hakanson seconded a motion to adjourn. Motion carried. The meeting was adjourned at 3:30 p.m. Respectfully submitted, Judie A. Anderson Recording Secretary JAA:tim . . Vic,— t.. �� , w. c•.�_ . CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD,,PLYMOUTH, MINNESOTA 55447.. DATE: February 6, 1990 TO: Members of Task Force on Outside Storage, Display, and Sales FROM: Blair Tremere, Community Development Director SUBJECT: SUMMARY NOTES FOR THE FEBRUARY 6, 1990 MEETING Members Present: Dave Johnson, Craig Solarz, Jack Wenner, Larry Mellum, Larry Marofsky, Hal Pierce Staff Present: Laurie Rauenhorst, Myra Wicklacz, Blair Tremere Chairman Marofsky began the meeting at 7:30 a.m. and each of the members introduced themselves. Marofsky reviewed the purpose of the Task Force and the mission assigned by the City Council. He stated that he had talked with Tom Janssen who was unable to attend this meeting but who expressed interest in being on the Task Force and who conveyed several concerns. Marofsky indicated that Janssen's concerns included the need to better define what "outdoor storage, display, and sales " mean; and, to have clearer language in the codes. Blair Tremere reviewed the mission assigned by the City Council and the background for the need to have these matters reviewed. He suggested the Task Force identify the questions and need for additional information. Jack Wenner stated that Section 1115.07 of the City Code, relative to gasoline service stations, was problematical in that it prohibited location of gasoline service stations within a certain distance of schools, churches, hospitals, nursing homes, convalescent homes or public authority. He said, on the other hand, he knew of an instance where a church was approved closer than that to an existing gas station. Craig Solarz stated his concern focused on uniform application of the Code and Ordinance standards. He noted for example difficulty in obtaining permission to have bedding plant sales at his store whereas he regularly was asked to sign off on an application so that a transient merchant could set up and sell merchandise including plants and/or Christmas trees on his property. He suggested that the ease of obtaining permission to perform comparable services should be the same. Loh Wenner inquired about existing uses near his premises and Tremere noted that at least one of the existing uses was probably grandfathered. He explained however that at least one other business was currently in process of legal prosecution because of failure to correct violations of the Ordinance. Dave Johnson inquired about outside storage and sales as they apply to freestanding businesses versus enclosed or attached businesses such as shopping malls or centers. He wondered whether there was a distinction in the Ordinance between the two. Tremere explained that the Ordinance does not make a distinction for purposes of determining outside sales, storage or display of merchandise based on the criteria of being freestanding or being attached to other businesses. He did state that the Ordinance allows certain activities in some locations that are not allowed in others depending on the zoning district or the specific use of the land. Marofsky commented upon the impact of outside activities on areas originally designated for pedestrian sidewalk which very well could have been required as a matter of code or common sense safety. Tremere stated that the initial plan review process should probably more specifically include consideration of future likely activities such as outside display and sales of merchandise. He said that developers and their architects often are not aware of such activities even though industry standards and practices would suggest otherwise. The City perhaps could spend more time addressing anticipated outside needs based upon observation of actual similar businesses. Laurie Rauenhorst and Tremere discussed Section 1115.119 of the City Code (restrictions on outside operations) and the problem with interpreting the reference to "temporary display" and to the area (4 feet) where materials could be displayed at gasoline service stations. Marofsky suggested a matrix for framework for identifying six basic subjects that need to be addressed by the Task Force: Storage Display Sales 1 4 2 5 3 6 He said that this will help in tracking the discussion the group has and in identifying the recommendation for any changes to the City Code or Ordinance. \ --i-l.QU Marofsky stated that there is need for uniform rules and enforcement for the City of Plymouth; he stated that the City could not control activities in other cities nor should it necessarily be modeling its Codes and Ordinances after other cities. , Wenner commented about the differences between storage and sales. He.cited examples of ice and salt storage. Myra Wicklacz inquired as to why that storage needed to be in front of a building rather than in the rear. Wenner responded that often it was a security matter so that employees would not have to leave the main part of the store or lose sight of the entrance. He also stated that the "silent salesman" function of the container which usually contains some message was valuable. There was further discussion about the meaning of the word "temporary" in Section 1115.19 and there was consensus that, at least for service stations, it referred to the portability of certain merchandise displays which could be put away when the business closed. It was also agreed however that the standard was probably written when 24 hour operations was not prevalent. Tremere reviewed a schematic of a typical lot and described the required yard dimensions which are referenced in the Zoning Ordinance relative to locations for outside display and storage of merchandise. Marofsky indicated that the next meeting would be at 7:30 a.m. on February 14. 1M and that the Task Force members should come prepared to discuss in more detail the information provided by staff. It was the consensus that additional information from Section 8 of the Zoning Ordinance was needed regarding the business district including information on temporary sales of merchandise and transient sales activities. Marofsky stated that data regarding yard dimensions and requirements in the business district should also be provided. Tremere explained that Myra Wicklacz was conducting research including other cities and there was an indication that information from neighboring cities would be valuable to evaluate Plymouth's standards. Tremere suggested that the Task Force aim for preliminary conclusions by the end of March so that a recommendation could be made to the City Council, through the Planning Commission. - The meeting adjourned at 9:05 a.m. (pl/bt/Task.2-6:jw) League of Minnesota Cities 1990 Legislative Conference Wednesday, March 14,1990 Radisson Hotel, St. Paul Agenda 9:30-9:45 a.m. Challenges for Cities in the 1990 Legislative Session Millie MacLeod, LMC President (Councilmember. Moorhead) 9:45-10:45 a.m. 'Property Tax Issues The architects of Minnesota's property tax laws will comment on what future property tax changes may be in store for cities. Senator Doug Johnson, hair, Senate Committee on Taxes Representative Paul Anders Ogren, Chair, House Committee on Taxes 10:4S-11:00 a.m. Break 11:00 -Noon Major Pending Legislation Issues Representative Robert Vanasek. Speaker of the House* Representative William Schreiber, House Minority Leader Noon -1:20 p.m. Luncheon Senator Roger Moe, Senate Majority leader Senator Duane Benson. Senate Minority leader 1:30-2:15 p.m. Concurrent Sessions Pay Equity Senator Linda Berglin* Nina Rothchild, Commissioner. Department of Employee Relations* Consolidated Election Day Representative Linda Scheid* 2:15-2:30 p.m. Break 2:30-3:30 p.m. Concurrent Sessions Solid Waste Senator Gene Merriam* Mike Robertson, Director. Office of Waste Management Tax increment financing Senator Donald Frank Representative Ann Rest 3:30-5:30 p.m. City Day on the HW City officials should contact their legislators to make appointments. 5:30-7:30 p.m. Reception for City Officials and Legislators LMC will invite all legislators. We ask that your city also issue an invitation to attend. *invited to speak Atlorness at Law ROBERT A. ALSO), Pu I. D. B XFRTS( III RO%ALD H. B%TT) MARI J. BRF%DL% STEPHEN J. Bt BI I. ROBERT C. CARLSON CHRISTINE Jt. CHAT E ROBERT L. DAvIDSO% JOHN B. DEAN ROBERT J. DEIKL MARL G. DOBBI%S JF.F'FREI E%G STEFA%IE \. GALEA DA%ID L. GRML% CORRINE A. HEI%E JOH% G. HOF.SCHLER JAMES S. HOLMES Ms. Maria Vasiliou City Council Member City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 HOLMES & GRAVEN (HARTERF'D 478 Pillsbury Center. Minneapolis. %linnewta 55402 (612)337.9300 Facsimile (612) 337-9310 A WRITER'S DIRECT DIAL 337-9209 February 6, 1990 FEB 7 1990 cti, OF Ply�i0U�E1 =_Ck DAVID J. KE%%FDI JOH% R. LAR%O% WEI.1.1%GTO% H. LAW JULIE A. LAM1 ER CHARLES L. LEFEVERE JOHN M. LEFE%RE. JR. ROBERT J. I.I%DAI.I. LAURA K. MOI I ET DA%IEI. R. \EI SO% BARBARA L.PORT%OOD MARL' FRA%( LS SKALA JAMES M. SIF ROMMLN STEVE% M. TALLEN JAMES J. THO%ISO%. JR. LARRI M. W ERTHEIM BO H, L. W 11 AI%S Re: Status Report on Negotiations with Property Owners Adjacent to Schmidt Lake Road Dear Maria: Pursuant to your request, I am providing you with an update as to the negotiations with the property owners along Schmidt Lake Road. On December 13, 1989 Fred Moore and I met with the attorneys for three of the property owners. Enclosed is a copy of my letter to the attorneys summarizing the results of that meeting. Subsequent to the meeting I have received corres- pondence from two of the attorneys regarding their clients proposal to resolve the matter. I am enclosing the background correspondence pertaining to their requests and my request for additional documentation from them to support their damages claims. I received the last response on February 2, 1990. Because I had not heard from one of the attorneys, I contacted him on February 2 and requested that he provide me with a written proposal from his clients to resolve the matter. I indicated to him that I would like to present the issue to the City Council at its next meeting on February 26, 1990. Ms. Maria Vasiliou February 6, 1990 Page 2 I would be happy to provide you with any additional information you may want concerning this matter. Sincerely, J mes J. Thoms n, Jr. JJT/amm Enclosure cc: Mayor and Council Members James Willis Fred Moore JAMES J. DIONISON, JR. Attorney at Law Direct Dial (612) 337-9209 December 21, 1989 Mr. Karl Cambronne Chestnut & Brooks 3700 Piper Jaffray Tower 222 South Ninth Street Minneapolis, MN 55402 Mr. Steven Sondrall Corrick and Sondrall 3811 West Broadway Robbinsdale, MN 55422 HOLMES & GRAVEN CHARTERED 470 Pill%bury Center. Minneapolis. Mmneyna 55402 (612)337-9300 Mr. Robert E. Salmon Meagher, Geer, Markham, Anderson, Adamson, et al. 4200 Multifoods Tower 33 South Sixth Street Minneapolis, MN 55402 Re: Schmidt Lake Road/Drainage and Ponding Easements Gentlemen: I am writing this letter to follow-up on our meeting of December 13, 1989. At that meeting, I indicated that I would advise you as to the status of the construction project and address the issue of restoration of the area within the drainage and ponding easement. The City's consulting engineer has informed us that they will be monitoring the settling process for approximately three to .four more weeks. It is not contemplated that any additional material will be imported into the drainage easement area. The current plan is to allow the material to remain in place until approximately August, 1990. At that time, the surcharging material will be removed and the area restored to its original condition. In January or February, 1990 the City will -begin excavating in the area west of your clients' property. This area is being excavated to comply with mitigation measures required by the DNR. The peat material that will be excavated will most likely be placed in the Schmidt Lake Road right-of-way so that it can be used for the restoration work in the drainage and ponding easement area. As we discussed at our meeting, the present plans call for the City to restore the easement area as nearly as possible to the original condition. The area will ultimately look similar to the area located at the southwest quadrant of Highway 494 and County Road 6. It is anticipated that it will Mr. Karl Cambronne Mr. Steven Sondrall Mr. Robert E. Salmon December 21, 1989 Page 2 take approximately two years for the restoration process to be completed. The actual work in the area, however, should be completed by December 1, 1990. Construction of Schmidt Lake Road itself will recommence in August, 1990 and is expected to take four months to complete. Concerning the restoration of the easement area, as we discussed in our meeting, the City needs to know if individual property owners want to include berms or other items that are not contemplated at the present time. As we discussed, it is not possible for individual property owners to have berms unless all the property owners agree to it because the berms affect the drainage pattern. The only exception is that the easterly -most property owners can have berms without requiring their immediate westerly property owners to have them, but the westerly -most property owners cannot have berms unless all the properties to the east have them. Also, any berm which is in an area under the jurisdiction of DNR will require its approval before being constructed. I have not addressed the other two issues that were a concern of Mr. Ferrara (the expenses incurred in cleaning his residence and attorney's fees) because I do not have enough information from you concerning those items. I would be willing to discuss those items with the appropriate city officials upon receiving such information. As I indicated in our meeting, the City would like to resolve this matter on an amicable basis. I would be happy to discuss it further with any of you if you desire. Sincerely,• ame Thomson Jr. JJT/amm cc: James Willis Fred Moore Larry Geyerman CHESTNUT & BROOKS PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW JACK L. CHESTNUT WILLIAM F. BROOKS. JR. KARL L. CAMBRONNE' CORT C. HOLTEN CRAIG A. ERICKSON DENNIS B. JOHNSON ALAN B. DEMMER** ROBERT A. LaFLEUR. CPA JEANETTE A. FREDERICKSON STUART C. BEAR BRIAN W. RUDE December 29, 1989 .:ALSO ADMITTED IN WISCONSIN "ALSO ADMITTED IN CALIFORNIA Mr. James Thomson, Esq. attorney for the Ci tl of Pi'ynz outh Holmes & Graven Chartered 470 Pillsbury Center Minneapolis, Minnesota 55402 Re: Timothy J. and Kathleen J. Ferrara Lot 2, Block 3, Wild Wings Addition/ 10410 - 49th Avenue North, Plymouth Dear Mr. Thomson: V � "l I ► 2 ►990 13 PIPER JAFFRAY. TOWER 32 ,MINNEAPOLIS. MINNESOTA 55402 (612) 339-7300 FAX (612) 336.2940 145 UNIVERSITY AVE. W. ST. PAUL. MINNESOTA 55103 ( 612)291-1900 Thank you for your letter of December 21, 1989. I have discussed its contents with Tim Ferrara. To resolve the matter between the City and the Ferraras, I propose the following: 1. Restoration of the Ferrara property to a condition essentially the same as existed prior to the construction. 2. Reimbursement to Tim Ferrara the sum of $900.00 for repainting a portion of his home. 3. Reimbursement to Tim Ferrara the sum of $50.00 for window cleaning. 4. Reimbursement to, Tim Ferrara the sum of $959.00, which is the attorney fee incurred by Mr. Ferrara to date. This proposal relates to Tim Ferrara only. I purposefully am not communicating this offer to other counsel who were at the meeting insofar as what you do with them with respect to reimbursing attorney fees, etc. is not my concern. It was also suggested at the meeting that the city look into the matter of possibly reducing the taxes on the affected properties at least for the period when construction materials 1 Mr. James J. Thomson, Esq. December 29, 1989 Page Two (i.e., dirt) were being stored on the homeowners' land. Please address that issue. The proposal I am suggesting is modest and is designed to avoid litigation over the trespass/taking of Ferrara property. The monetary reimbursement sought is nominal and therefore I trust the City will act favorably with respect to the proposal. I look forward to hearing from you. Very truly yours, CHESTNUT & BROOKS, P.A. Karl/L. Cambronne KLC:mac cc: Mr. Timothy Ferrara JAMES J. TN0%1tiON*. JR. 4ttorno at I.aw Direct Dial (012) 337-9:09 January 2, 1990 Mr. Karl Cambronne Chestnut & Brooks 3700 Piper Jaffray Tower 222 South Ninth Street Minneapolis, MN 55402 Hou%ws & GRAVEN CHARTERED 4-0 Pill.hury Centcr. %Lnnealxdi%. %Imn"ita 55402 16121 337.931X1 Re: Timothy J. and Kathleen J. Ferrara/Schmidt Lake Road Dear Mr. Cambronne: Thank you for your December 29, matter. I have forwarded it to discussing it with him shortly. 1989 letter concerning the above the City Manager and I will be In order for the City to evaluate your request, it would be helpful if you could furnish us with the documentation for the expenses set forth in the letter. Please forward that information to me at your convenience. Sincerely, 1 m J. Thom , Jr. JJT/amm cc: James Willis Fred Moore. CHESTNUT & BROOKS " PROFESSIONAL ASSOCIATION 111 JAN I 1 1990 ATTORINEYS AT LAW �,{ JACK L. CHESTNUT 3700 PIPER JAFFRAY TOWER WILLIAM F. BROOKS, JR. Y. SOUTH NINTH STRE KARL L. CAMBRONNE• MINNEAPOLIS. MINNESOTA 55402 CORT C. HOLTEN (612) 339-7300 CRAIG A. ERICKSON FAX 1612) 336.2940 DENNIS B. JOHNSON ALAN B. DEMMER** 145 UNIVERSITY AVE. W. ROBERTA. LaFLEUR. CPA ST. PAUL. MINNESOTA 55103 JEANETTE A. FREDERICKSON 1612)2%-1900 STUART C. BEAR BRIAN W. RUDE January 11, 1990 'ALSO ADMITTED IN WISCONSIN —ALSO ADMITTED IN CALIFORNIA Mr. James Thomson, Esq. Attorney for the City of Plymouth Holmes & Graven Chartered 470 Pillsbury Center Minneapolis, Minnesota 55402 Re: Timothy J. and Kathleen J. Ferrara Lot 2, Block 3, Wild Wings Addition/ 10410 - 49th Avenue North, Plymouth Dear Jim: I enclose for your information a quote that has been received by Mr. and Mrs. Ferrara for re -painting three sides of their home. Note that the contractor is suggesting that the home be power washed to remove dirt prior to the re -painting. Also enclosed is a bill the Ferrara's paid last year for the washing of windows. I realize these quotes are somewhat higher than the information I had previously given you. Nevertheless, your request for specific documentation resulted in Mr. Ferrara seeking a specific bid from the painting contractor he had used in the past. With respect to this firm's legal bill, I will provide it to you upon request. The problem is, the longer this case proceeds, the larger the bill becomes. Very truly yours, OKS, P. A. L. Cambronne KLC:mac Enclosures cc: Mr. Timothy Ferrara n UO.. •r. • • •, �., t..Lr'� '•-�'.-.�""'1 _- 'S+:..+......t vr..��:.�tit71�11.id •Sw+ .«1i2ai:•�.....t � . . � vet..... •. .. . ..• ..�.�1Yh.:u:�....... _..w _. _ r.:... i`..._ From DO tA Re, Ls -C,>O P- r-- yay-�G67 To V L J We are pleased to quote as follows. Your inquiry Inquiry No. Date Terms Prices quoted are F.O.B. Delivery Quantity Description Price Amount ''- � 7�0 A, Ck yam_ VZ Fam # ni$2 �. �•Tz� Arita ; D W C� 4. tNk c 44.-3So�, 1 /(9 I(:*(-(-) 781=5804 SCOTT GEORGE 1021 5th Street N.E. hts MN 55421 Q Golumbla Heng DATE: SERVICES REMERED BILLING- FOR . comm. NAME: r PHONE: ADDRESS: � �, , ► 1 � `� 1 V . CaIMERCIAL RESIDENTIAL TYPE OF CLEANING TSE OF WIrIDGF7: CUl IDE/IINLSIDE INA.TICN_OUYSIDE ONLY —CRANKC T . DOUBLE SUNG ' SLIDERS # OF wnmoWS �ATRIUMS # OF STORIES SLIDING GLASS DOORS oc spRn. G TML DUE: $ O 6a TAX: TOTAL, AMc= DUE R�� UP(7N cagpLETION OF JOB FOR **PAMlaC IS CajjaCIAL ACOOUNrS' 10 (TEN) DAYS FDR Thank you. C JAMES J. THOMSQN, JR. Attorney at Law Direct Dial (612) 337.9209 January 11, 1990 Mr. Fred Moore City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 .=: HOLMES & GRAVEN CHARTERED 4'0 Pillsbury Center. Minneapolis. Minnesota 55402 (612)337.9300 Re: Timothy J. and Kathleen J. Ferrara/Schmidt Lake Road Dear Fred: Enclosed is the information that I received from the attorney for Mr. and Mrs. Ferrara concerning the expenses that they incurred. As soon as you have reviewed them, please call me so that we can discuss how to proceed with this matter. Sincerely yours, Ja es J. Thomson, Jr. JJT/amm Enclosure cc: James Willis PL100-32 WD FLASKAM► C D KNUDSON R D BLANCHARD THOMAS L ADAMS DAVID L ORMELD GARY W HOCH JAMES M KILEY JAMES F ROEGGE J RICHARD BLAND R GREGORY STEPHENS DONALD CHANCE MARK. 1R IIDBERT M FRAZEE KENNETH W DODGE GARY M HAGSTROM STEVEN C EGGIMANN BRADLEY M )ONES DOUGLAS 1MUIRHEAD CHARLES E.SFEVACEK LE CHARS H. BECKER ROBERT E SALMON ROBERT R. FAFINSKI, JR. OF COUNSEL LL MARKHAM CLYDE F. ANDERSON OSCAR C ADAMSON, D MARK C BRENNAN A.W. NELSON I.E. MEAGHER. MS• 97? ARTHUR L GEER. ON -1917 January 17, 1990 MEAGmR & GEER AT'PORNEYS AT LAW 4200 MULTIFOODS TOWER - 33 SOUTH SIXTH MINNEAPOLIS, MINNESOQ'A 55402 TELEPHONE (612) 338 -WI FACSIMILE (612) 338-8384 AUTHORIZED TO PRACTICE LAW IN MINNESOTA. LORA. ILLNOM MICHIGAN NORTH OAYOTA AND WISCONSIN WRITER'S DIRECT DIAL NUMBER Mr. James J. Thomson, Jr. Attorney at Law 470 Pillsbury Center Minneapolis, Minnesota 55402 Re: Schmidt Lake Road Plymouth, Minnesota Dear Mr. Thomson: 347-9172 U _ JM I 9%Q-- Y OKVER TIMOTHY W VICTORIA L RA 1 HA S MK A E r RODGER A HAGE� MARK 1 HELEY CHRJSMN A PRELS KARL J YEAGER MARY M 0'1111E.`N DWID A ANDEY-410!j THOMAS M STMBER ANDREA M NFISON ROBERT E. DIEHL GALEN L. WILES JAY C FENTON RAYMOND L TAH.VK•JOHNSON THOMAS H CROUCH CORTNEY S L.%SWEEIN LEATHA ORWOLTER JOHN C. HUGHES JULIE MEIANDER HOLMES MARK A. WAGNER SHEIIEY A SIMMERING DY A. SHARBONO RAN MARK BLOOMW5T AMANDA L. KLOSTERMAN I am in receipt of your letter of December 21 and have now had an opportunity to discuss its contents with my clients, Charles and Lorraine Ekstrum. Your letter outlines the general time table contemplated for construction of the road and outlines the city's present plan to restore the easement area to its original construction. I am advised that the DNR already has, or shortly tq411 be, contacting the city regarding this work. one of my clients' major concerns is the restoration process. In the event that the City of Plymouth and the DNR are contemplating entering into an agreement regarding modification of the permit and restoration/mitigation work, I would appreciate being kept abreast of these discussions. Your letter also discusses the berm issue. At this point, my clients are obtaining additional information regarding potential placement of a berm and its potential impact on water storage and other issues. When they have had an opportunity to receive and review this additional information, I will advise you as to their position with respect to the berm. At this point, completion of the road construction is many months away, and I did not understand that you needed an immediate response to the berm question. Please let me know if that is in fact not the case, Mr. James J. Thomson, Jr. January 17, 1990 Page 2 With regard to our meeting in your office on December 13, 1989, all of the property owners advised you that they had sustained out-of-pocket losses as a result of the city's actions. These damages are wholly aside from and independent of any compensation claims for trespass, etc., that might be asserted in a court of law arising out of what is, in my view, an unauthorized use of my clients' property. For the sake of avoiding argument on that point, as I know you respectfully disagree with my position, let me itemize the damages that have been sustained by my clients as to which compensation is being sought: $ 269.43 Cleaning of draperies throughout house due to dusty conditions 625.00 Purchase and installation of Honeywell electronic air cleaner 980.00 Scrub and restain exterior cedar siding on house and clean windows 1.200.00 Attorney's fees $3,074.43 TOTAL An additional concern that was expressed by the homeowners at the meeting but not referenced in your December 21 letter is the diminution in market value of my clients' home based upon placement of the road with regard to real estate tax appraisal. My clients have informally been advised that placement of the road has caused the market value of their property for real estate tax purposes to decrease by a minimum of 10%. When my clients recently attempted to take up this issue with an appraiser who was on site to view the status of some home improvements, they received no satisfactory response to this inquiry. I would appreciate it if you could take up this matter with the Assessment Department or the appropriate representative from the city, in addition to the other concerns outlined above. In summary, while I disagree with your apparent legal view that the city's use of my clients' property was proper, my clients have sustained definite out-of-pocket damages that should be the responsibility of the city. I hope to be able to resolve these Mr. James J. Thomson, Jr. January 17, 1990 Page 3 differences with the city short of suit and to work towards a satisfactory arrangement regarding restoration and appraisal issues. Please let me hear from you. Ve truly rs, Rdbert E. Salmon RES: hjd cc: Charles and Lorraine Ekstrum .TAMES I THOMSON, JR. Attorney at Law Direct Dial (612) 337-9209 January 19, 1990 Mr. Robert Salmon Meagher & Geer 4200 Multifoods Tower 33 South Sixth Street Minneapolis, MN 55402 HOLIES & GRAVEN CHARTERED 470 Pillsbury Center. Minneapolis. Minnesota 55402 1612) 337-9300 Re: Schmidt Lake Road/Mr. and Mrs. Ekstrum Dear Mr. Salmon: I have received your January 17, 1990 letter and have forwarded it to the City. I will be discussing it with them shortly. In the meantime, it would be helpful if you would provide me with the invoices supporting the damages claims set forth in your letter. Sincerely, es . Thoms , Jr. JJT/amm cc:- Fred Moore PL100-32 JAMES J. THOMSON. JR. Attorney at Law Direct Dial (612) 337-9209 January 19, 1990 Mr. Fred Moore City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Re: Schmidt Lake Road Dear Fred: HOLWS & GRAVEN CHARTERED 370 Pdlsbun Center. Minneapolis. NItnnmta 55402 (61:)337-9300 Enclosed is a copy of a letter from the attorney for the Ekstrums regarding their request for compensation. Also enclosed is a copy of my letter to their attorney requesting the supporting documents. Sincerely, nJ. Thomson, Jr. JJT/amm Enclosure cc: James Willis PL100-32 *D FLASKAMP CO KNUDSON R D BLANCHARD THOMAS L ADAMS DAVID 0 ORFIELD GARY W "OCH JAMES M RILEY JAMES F ROEGGE 1 RICHARD BLAND R GREGORY STEPHENS DONALD CHANCE MARK. IR ROBERT M. FRAZEE KENNETH W DODGE GUY M HAGSTIOM STEVEN C. EGGIMANN BRADLEY M. JONES DOUGLAS I. MUIRHEAD CHARLES E. SPEVACEK CHARLES H. DECKER BDBERT E. SALMON ROBERT R. FAFINSKI. JR. OF COUNSEL LB MARKHAM CLYDE F. ANDERSON OSCAR G ADAMSON. D MARK C. BRENNAN AW NEISON LE. MEAGHER. 1905 -IM ARTHUR 6 GEER. IM-NTJ January 31, 1990 MEAGHER & G EER ATTORNEYS AT LAW 42W MULTIFOODS TOWER - 33 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402 TELEPHONE (612) 338 -WI FACSIMILE (612) 338-8384 AUTHOR= TO PRACTICE LAW IN MINNESOTA. IOWA. ILLINOIS, MICHIGAN NORTH DAKOTA AND WISCONSIN WRITER'S DIRECT DIAL NUMBER Mr. James J. Thomson, Jr. Attorney at Law 470 Pillsbury Center Minneapolis, Minnesota 55402 Re: Schmidt Lake Road Project Dear Mr. Thomson: 347-9172 V FEB 2 SHIRLLY TENT LER%E1 TIMOTHY W RIDLEY LAURA HA%SON MICHAEL D HL'TCHE%S RODGER A HAGEN JOHN 1 M,DONALD. IR MARK 1 HELEY CHRISTIAN A PRELS KARL I YEAGER MARY MO'BRIEN DAVID A ANDERSON THOMAS M STIEBER ANDREA M NELSON ROBERT E DIEHL GALEN'L BRIER JAY C. FENTON RAYMOND L. TAHNK•IOHNSON THOMAS H CROUCH CORr%PY S LeNEAVE LEA."REIN MOLTER JON' "UGHES IL'11L MELA.NDER HOLMES MARK A. %AGNER SHELLEY A SIMMERING RANDY A. SHARBONO MARK BLOOMQUIST AMANDA L KLOSTERMAN As requested in your January 19 letter, I am enclosing supporting invoices, as follows: $ 625.00 Invoice from Schilling Electronics for purchase and installation of Honeywell electronic air cleaner and related parts 291.16 Pilgrim Cleaners invoice for cleaning of drapes, 253 pleats at $1.09 each 890.00 Don Reisdorf invoice for preparation and painting of house 1,485.00 Meagher & Geer attorney's fees through January 30, 1990 $3,291.16 1 Mr. James J. Thomson, Jr. January 31, 1990 Page 2 I look forward to hearing from you in the near future. Very truly yours, R bert thSalmon RES: hid Enclosures cc: Charles and Lorraine Ekstrum 0 REPAIR INVOICE SCHILLING ELECTRONICS 1r •, 1494. 1187 MISSISSIPPI STREET NEW BRIGHTON, MINNESOTA 55112 PHONE 6364)436 Date Name Address �13a — `i 4-Vd� Phone L � xzvy f v Customer Complaint: Parts Cost s TOTAL $-4-7 -3 Work Done; ^�!a'E'��✓P% Labor $ Tax $ TOTAL = 1:L2 �� I :may`' J • CLRK ELAINE * INVC#30476 vm PIB ..00 Y 252:( .. ' ORP 82- 274.68 : .,.� "._•°3..SBTL 274.68 i-'- rnl 274.68 4 Ul 16.48 'rHAt&,M OW 291.16 -�•� ` = • 518311 JAN.26#06 BFiA 291.16 . r O -`� From �Q- i �1 W LAKe- V R i Inquiry No. F To Cts-{ p, r_,e_s zc- tcsTR.O r K L We are pleased to quote as follows. Your inquiry .Quantity Description e- 5; or tft3w.�. l.t�r3o fL ire Q ISL. Form 123.182 By Date Terms Prices quoted are F.O.B. Delivery i. Price Amount 7Sn ER & GEER ATTORNEY' Charles and Lorraine Ekstrum (through 1/30/90) Date Hours Description 10/5/89 2.0 Travel to Plymouth for on-site inspection and meeting with clients; return to office; review of plat map, torrens certificate, declarations of Homeowners Association, drainage plan, surveyor's certificate and DNR permit. 10/10/89 .2 Telephone conference with surveyor Lindgren regarding drainage easement; memo to file. 10/24/89 .2 Telephone conference with attorney Cambronne regarding Ferrara letter. 10/25/89 1.1 Research regarding nature and extent of drainage easements, causes of action for nuisance and trespass, treble damage statute, recoverability of attorney's fees; memo to file. 10/26/89 .8 Receive Stine letter to Moore regarding field inspection; draft letter to Moore regarding trespass; letter to clients; telephone conference with attorney Clapp regarding Attorney General's response to DNR position. 10/31/89 .2 Receive and review Moore response; forward to clients. 11/9/89 .2 Telephone conference with attorney Frederickson regarding city's response to Ferrara; attempts to call Stine at DNR. 11/13/89 .3 Phone conference with Stine regarding DNR's first on-site inspection; memo to file. 11/15/89 .3 Draft letter to Fred Moore regarding legal basis for city's position; correspondence to clients. 11/17/89 .3 Receive Moore letter; forward same to clients with recommendations; attempts to call Stine. 11/30/89 .3 Telephone conference with Stine regarding second DNR on-site inspection and proposed course of action; memo to file. 12/1/89 .2 Correspondence to clients and Cambronne regarding DNR inspection; recommendations for future handling. 12/4/89 .1 Telephone conference with Cambronne regarding meeting with city. 12/5/89 .2 Telephone conference with attorney Sondrall regarding Schmidt Lake Road Project; memo to file. 12/13/89 1.8 Prepare for and attend meeting with Moore, city's attorney Thomson, attorneys for homeowners. 12/26/89 .2 Receive correspondence from attorney Thomson; forward same to clients with recommendations. 12/29/89 .2 Telephone conference with Cambronne and Sondrall; attempt calls to Stine. 1/17/90 1.6 Phone conference with Stine regarding DNR position on mitigation and berm issues; consultation with clients regarding response to city's letter and berm issues; draft demand letter to attorney Thomson; letter to clients. 1/19/90 .2 Receive letter from Stine to Moore; forward to clients. 1/19/90 .2 Receive letter from attorney Thomson regarding documentation; forward same to clients. 1/30/90 .4 Receive and review additional documentation from clients; letter to attorney Thomson. 11.0 hours x $135 per hour = $1,485.00 2 0 HOLMES & GRAVEN CHARTERED Attorneys at Law 179 Pillsbury Center, Minneapolis, Minnesota 53102 ROBERT A. ALsOP (112) 337-9390 l w 4 �?,• DAVID J. KENNEDY PALL D. BAERTSCHI Facsimile (61I) 337-9319 �c JOHN R. LARSON RONALD H. BATTY / hH_ l WELLINGTON H. LAW MARY J. BRENDEN�� '•,-r ( ui :, . JULIE A. LAWLER STEPHEN J. BUBUL �� CHARLES L. LEFEVERE ROBERT C. CARLSON`i CHRISTINE M. CHALE ,!a r FEB A7 I `9� JOHN M. LEFEVRE.JR. ROBERT J. LINDALL ROBERT L. DAVIDSON JOHN B. DEAN WRITERS DIRECT DIAL CITY I ( �r LAURA K. MOLLET DANIEL R. NELSON ROBERT J. DEIKE i Lii,rv;{ f it �,: t MARY G. DOBBINS 337-9209 - BARBARA L. PORTWOOD MARY FRANCES SKALA JEFFREY ENC STEFANIE N. GALEY I i� i� JAMES M. STROMMEN DAVID GRAVEN DAVID .GRAVENE d � February 7, 1990 1^"�v STEVEN M. TALLEN JAMES J. THOMSON. JR. CORRIJOHN LARRY M. WERTHEIM G. HOESCHLER JAMES S. HOLMES BONNIE L. WILKINS Mayor and City Council Members City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Re: Votes on Council Actions Dear Mayor Bergman and Council Members: Enclosed is a copy of an article from the February edition of Minnesota Cities. The article deals with counting votes on council actions and addresses issues such as abstentions and disqualifications. I thought that you might be interested in the information summarized in the article. Sincerely, J mes J. Thomson, Jr. JJT/amm Enclosure cc: James G. Willis PL100-32 1 .. Did you know.? Counting the votes on council actions Most of the time on most matters, a city council acts by majority vote. But, as seems often to be the case in law and government, even a seemingly simple concept like this can get surpris- ingly complicated and confusing. Some- times statutes or charter provisions require an extraordinary majority, such as four-fifths or two-thirds; in other cases, the statutes require a unanimous vote. Keeping track ' of how many votes are required for various kinds of actions can be confusing enough. But what if there is a vacancy on the council? Or if one or more of the members is absent? Or if one of more of the members present chooses not to vote? Or if one or more of the members is disqualified from voting because of a conflict of interest? This article will address these topics to try to sort these issues out for city officials. How many votes are needed? The place to start is with the simple case, where the entire council -is pres- ent and all of them vote. Abstentions, disqualifications, absences, and vacan- cies present further issues which will be addressed later. To pass an ordinance in a statutory city takes a majority vote of all mem- bers of the council (M.S. 412.191, subd. 4). Most statutory cities have five -member councils, so this means that three votes are normally needed to pass an ordinance. In a statutory cities with a seven -member council, it takes four votes to pass a normal ordinance. To pass a motion or resolution in a statutory city normally requires that a quorum be present and that a majority of the quorum vote in favor. (A.G. Op.' 471-m, Oct. 30, 1986, LMC 415b1. See also Jensen v. Independent Con. School District No. 85, 160 Minn 233, 199 NW 911 1924). Thus, if everyone is present and voting, it takes three affirmative votes to pass a motion or resolution in cities with five -member councils, or four votes if there are seven members. Charter cities must look to their own charters to determine what votes are required for ordinances and resolutions. Statutes requiring extraordinary votes Several statutes require more than a simple majority to take certain kind of action. Some of these statutes are listed below. Except where noted, these statutes apply both to statutory and to charter cities. Zoning ordinances Passing or amending a zoning ordi- nance requires a two-thirds majority of all members of the council. This means four votes on a five -member council, or five votes on a seven -member coun- cil. (M.S. 462.357, subd. 2.) A council may adopt an interim zoning ordinance by a simple majority vote, however. (A.G. Op. 63-b-14, Oct. 6, 1982, LMC 600c.) Comprehensive plans Adopting or amending a comprehen- sive plan also requires a two --thirds vote. (M.S. 462.355, subd. 3.) Peter Tritz Abolishing a planning agency While a council can create a planning commission or planning department by a simple ordinance, it requires a two- thirds vote to abolish it. (M.S. 462.354, subd. 1.) Capital improvements and acquisition or disposal of real property. If the city has a comprehensive plan, the planning agency must review any proposed capital improvements or dis- posal of real property by the city. The council can dispense with that review if it finds by a two-thirds vote that the proposed action has no relation to the comprehensive plan. (M.S. 462.356, subd. 2.) Official interest in contracts Generally, a council member may not have a financial interest in a city contract. However, the statutes allow certain exceptions to this rule. These exceptions are permitted only with unanimous approval by the council. (M.S. 471.88.) This probably means that the interested party should vote . on the contract if the interested party is present; this is apparently an excep- tion to the general rule that a person should not vote on a matter in which that person is personally interested. One alternative might be to leave the room during the vote. Local improvements Unless the owners of at least 35 percent of the property to be assessed have petitioned for a proposed i' s 20 Minnesota Citie improvement, it requires a four-fifths vote for the council to order an improvement which will be paid for by special assessments. (M.S. 429.031, subd. 1.) Any park improvement which will be specially assessed also requires a four-fifths -vote, regardless of whether there has been a petition. (M.S. 429.031, subd. 2.) This means four votes on a five -member council, or six votes on a seven -member council. These statutes apply to any city specially assessing for a local improve- ment under M.S. Ch. 429. Charter cities can also adopt their own assess- ment procedures, which could involve different vote requirements. Charter amendments Generally, a proposed charter amendment must be first be submitted to the charter commission. However, in a city of under 10,000 population, the council by ordinance passed by a four-fifths vote of all its members can put proposed amendments to the vot- ers without first submitting them to the charter commission. (M.S. 410.12, subd. 6.) Under certain circumstances, the council can amend the charter by ordi- nance. This ordinance must be passed by affirmative vote of all members of the council. (M.S. 410.12, subd. 7.) Summary publication of ordinances Statutory cities may publish a sum- mary rather than publishing the entire text of the ordinance. It takes a four- fifths vote of the council to use the summary publication option. (M.S. 412.191, subd. 4.) However, approving the actual text of the summary requires only a simple majority. Park boards A statutory city can create a park board by ordinance. But once it exists, it takes a unanimous vote of the entire council to abolish it. (M.S. 412.501.) (Note though that adopting the Plan B city manager form of government auto- matically abolishes the park board.) The park board must consist of three, five, seven, or nine members. To change the size of a statutory city park board requires a two-thirds vote. (M.S. 412.501.) Street vacation Unless there has been a petition from a majority of the abutting land- owners, it takes a four-fifths vote to vacate a street in a statutory city. (M.S. 412.851.) Hospital boards Abolishing a hospital board requires a vote of "all five members" of a statutory city council. (M.S. 412.221, subd. 16.) It's not clear how many votes would be required in a statutory city with a seven -member council. Other actions A city cannot include in an ordinance a provision that requires an extraordi- nary majority or a unanimous vote to amend or repeal that ordinance. (A.G. Op. 477-a, Feb. 5, 1971, LMC 335A.) However, the city can specify in the ordinance that an extraordinary major- ity is required to take some action under the ordinance. For example, a zoning ordinance might specify that a MUNICIPAL ORDINANCE CODIFIERS, INC. Exclusively for Minnesota Governmental Units • Ordinance Codification • Charter Revision • Code Update Service • Counsel Admitted to Minnesota Bar 7490 Lyndol© Avenue South, Minneapolis, MAI 55M Phone (612)869-2403 Irebrum-y 1990 two-thirds or four-fifths vote is needed to approve a conditional use permit. (A.G. Op. 477-b-34, Mar. 20, 1973, LMC 600A1A.) But while it's legally possible, this kind of provision is gen- erally not advisable. (The "Did you know?" column in the July, 1981 issue discusses the problems this kind of provision can create.) Special problems in counting votes Vacancies A vacancy temporarily reduces the size of the council. - While there is • a vacancy on a five -member council, the '`entire council" consists of four mem- bers. For any particular action that requires approval by a specified portion of the council then, the required pro- portion of votes required is applied to the temporarily smaller number. (State ex rel. Peterson v. Hoppe. 194 Minn 186, 260 NW 215 (1935). See also A.G. Ops. 63-b-14, Oct. 6, 1982; 161- A-20, July 3, 1974; and 63-b-14, Jan. 14, 1970.) An example might make this more clear. It takes a two-thirds vote of all members of the council to amend a zoning ordinance. With a seven -mem- ber council, this means five votes. (2/3 x 7 = 4.67, so the law requires at least five votes.) But if there is a vacancy, there are only six members; the required vote is two-thirds of six, . or four. Apparently, if there were two vacan- cies on a five -member council, amend- ing a zoning ordinance would take only two affirmative votes. But it would take three affirmative votes to vacate a street if there hasn't been a petition. PAVEMENT MANAGEMENT PAVEMENT STRENGTH EVALUATIONS CONDITION SURVEYS DESIGN RECOMMENDATIONS for CITIES AND AIRPORTS 19RAH11_1 Contact: Erland Lukanen. P.E.; •AY1°"n0*#a0"* Dr. Eugene Skok, Robert Orthmeyer, P.E. 1404 Concordia Avenue, St. Paul, MN 55104 ftrmertyMldwasf612 Pavement Management 644-2996 21 0 It's important to review carefully the actual language of the statute setting out the required vote. For example, if there is a vacancy on a five -member statutory city council, the remaining four members by unanimous vote could abolish the park board. However, they apparently couldn't abolish the hospital board, since the statute requires that "all five" members vote for abolition. Many charters require specific num- bers of votes for various actions, rather than establishing a required percentage or proportion. A vacancy doesn't change the required numbers in that circumstance. (A.G. Op. 63-a-11, Oct. 20, 1966, LMC 415b1.) In Hoppe, the court also distin- guished between a requirement for a majority of "all members" and a requirement for a majority of "all mem- bers elected" to a body. The court noted that if the statute refers to "all members elected" (rather than just to "all members") a vacancy does not change the number of votes needed for passage. In statutory cities and frequently in charters as well, a quorum is defined to be a majority of all the members of EXPERTS 01 IN WATER TANK \ PAINTING & REPAIR Videotaped Inspections In Color 22 • Bonded 6 Fully insured • A W WA 6 SSPC Members • Owner E,penenced Smc. 1961 • Emergency Winter Work • Maintenance Contracts • Guaranteed Epoxy Coatings • Sand Blasting d Painting • New Bottoms. Fools. 6 Sidewalls Installed , • Frost Jackels P.O. Box 88007 Sioux Falls, SD 57105 TELEPHONE: (605) 338-6506 the council. (M.S. 412.191, subd. 1.) Vacancies can therefor affect the num- ber that constitutes a quorum as well. (A.G. Op. 63-a-11, Jan. 4, 1966, LMC 415b1.) In statutory cities, this usually won't make a difference unless there is more more than one vacancy. But in a charter city with an even number of council members, it could make a dif- ference if the charter defines a quorum in this way. It's important to pay attention to the precise wording of the definition of quorum. Some charters simply provide that a specific number of members constitutes a quorum, in which case a vacancy wouldn't affect the number the charter requires for a quorum. (See A.G. Op. 471-J, Apr. 17, 1967, LMC 140A.) The distinction between "all members" and "all members elected" which the court pointed out in Hoppe could also be important in determining a quorum. Absence Unlike a vacancy in the council, the absence of a council member from a particular meeting does not affect the number of votes needed, if the statutes require an affirmative vote by a speci- fied portion of the entire council. Tracy Cement Tile Co. v. City of Tracy, 143 Minn 415, 176 NW 189 (1919). Thus, to amend a zoning ordinance in a city with a five -member council takes at least four votes, since two-thirds of five is 3.3. If one member is absent and only four are present, it still takes four affirmative votes to amend the zoning ordinance. Absences do, however, affect the number of votes required, where the statutes or charter don't require a particular number or portion of votes. In statutory cities, this includes most ordinary motions and resolutions: approving bills, entering contracts, fill- ing council vacancies, etc. The general Wile is that if a quorum is present, a majority of the quorum can pass any action, unless a statute or charter pro- vision requires a larger number. Jensen v. Independent Consolidated School District No. 85, 160 Minn 233, 199 NW 911 (1924). See also A.G. Ops. 471-m, Oct. 30, 1986 (LMC 415131), and 161-A-20, June 3, 1987 (LMC 500D). Again, an example might make this more clear. Consider a statutory city \C) with a five -member council and no vacancies. If two members are absent from a meeting, the remaining three constitute a quorum. A two to one vote is sufficient to pass any ordinary motion at that meeting. By contrast, if all five members were present, it would take at least three affirmative votes to pass that same motion. Abstentions Sometimes a council member pres- ent at a meeting will choose not to vote on a matter before the council. It may be -important why the member abstained. Specifically, abstaining because of a personal interest in the matter may be a special case, which will be discussed later in this article. An abstention by one or more council members does not reduce the number of votes needed, if the statutes require the affirmative votes of a specific num- ber or proportion of the council. Nor is an abstention counted as a vote with the majority in this circumstance. Ram Development Co. v. Shaw, 309 Minn 139, 244 NW2d 110 (1976); Van Cleve v. Wallace, 216 Minn 500, 13 NW2d 467 (1944). The Ram Development case is a good illustration of this rule. A seven - member council attempted to pass a zoning amendment. The votes recorded were four affirmative, two abstentions, and one "pass." The Court ruled that this was not sufficient to pass the ordinance; five affirmative votes were needed, and neither the abstentions nor the "pass" could be counted as an affirmative vote. (It's not clear what distinction the council mem- bers intended between "abstain" and "pass." The Court treated them as being the same.) Similarly, in a statutory city with a five -member council, it takes three affirmative votes to pass an ordinance; two "yes" votes and three abstentions are not enough. Nor could a vote be treated as unanimous if one or more members abstains. Where the statutes don't require a specific number of votes, a motion is passed if a majority of those voting on it vote in favor. (This concept is some- times expressed by saying that absten- tions are counted as voting with the majority.) A.G. Ops. 161-A-20, June 3, 1987 (LMC 5001)), and 471-M, Oct. 30, 1986 (LMC 415131). Thus for example, a vote of two "yes" and one "no" with two abstentions would be enough to pass an ordinary motion before a five -member statutory city council. Courts frequently state that "if a quorum is present, the refusal to vote will not defeat action." (See for exam- ple, the cases cited at 4 McQuillin Municipal Corporations, Sec. 13.32.) It's not entirely clear, though, whether the courts would apply that rule to the extreme case, where a quorum is pres- ent but because of abstentions the number of affirmative votes is less than a majority of a quorum; e.g. three members of a five -member council are present, one votes "yes," and the other two abstain. The best advice is to avoid this kind of problem. Councilmembers should remember that if they abstain in this kind of situation, their abstention will ultimately have the effect of either defeating or passing the motion; unfor- tunately, it is not certain which it is. But since the councilmember's action will be have one or the other of these effects, the councilmember can't avoid taking responsibility. Therefor, the member should decide which he pre- fers and vote accordingly. Disqualification from voting The Minnesota Court has ruled that under some circumstances a council member who has a personal interest in a matter before the council is disquali- fied from voting on that matter. Lena v. Coon Creek Watershed District, 278 Minn 1, 153 NW2d 209 (1967). Not only is that person disqualified from voting, he also should not take part in any way in the proceedings. In re Petition of Jacobson re County Ditch No. 24, 234 Minn 296, 48 NW2d 441 (1951). Most often, • a council member that has such an interest simply volun- tarily abstains from voting. Neither the Minnesota courts nor the Attorney General seem to have specifically considered how to count votes in this situation. While it often won't matter, it could be critical for ordinances or other actions requiring an affirmative vote by a particular frac- tion of the entire council. For example, when a seven -member statutory city council is vacating a street without a petition and one member is personally interested in the matter, is the required vote six (four-fifths of seven), or five (four-fifths of six)? Courts in other states have split. Some have held that a disqualification PAIITNELL KERR FORSTER WORLDWIDE CERTIFIED PUBLIC ACCOUNTANTS • FINANCIAL AUDITS • COMPLIANCE AUDrrS • FINANCIAL CONSULTING • MANAGEMENT ADVISORY SERVICES 012-545-0421 " 61 Serving Cities for over 30 Years" February 1990 or an abstention because of a personal interest cannot be counted as an affirm- ative vote; others have held that it can; and still others have held that a disqual- ification should be treated as in effect creating a temporary vacancy in the council. The latter rule seems the most reasonable; if a person can neither vote nor participate in the discussions or other proceedings, that person really can't function as part of the council. But for now the best we can say is that we don't know. Summary The first step on any vote question is to determine whether any statute or charter provision specifies how many votes are required. Be careful to pay attention to the particular wording of the statutory or charter requirement. If there is no such requirement, then a simple majority . vote with a quorum present is sufficient. Vacancies, absences, abstentions, and disqualifica- tions all present additional complica- tions. In some instances, the rules are clear, though confusing; in others, unfortunately, the rules are both con- fusing and unclear. ■ HOLMES & GRAVEN Chartered Attorneys at Law Practicing primarily in the areas of • Municipal Financing* • Tax Increment Financing Analysis • General Government • Litigation • Condemnation • Real Estate Development 470 Pillsbury Center Minneapolis, MN 55402 (612) 337-9300 *Listed in Bond Buyer's Directory 23 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: February 7, 1990 TO: James G. Willis, City Manager FROM: Eric J. Blank, Director of Parks and Recreation Es SUBJECT: ZACHARY PLAYFIELD - PARKING ON ARROWOOD LANE Last October, the City received a letter from Richard Fritts of 4545 Arrowood Lane with regard to a number of concerns he had. One of those concerns was parking on Arrowood Lane by park visitors. Based on that correspondence, we sent letters to all the team managers asking them to remind the parents of their players that they should not be parking on residential streets. We also supplied the area residents with some information cards from the police department requesting that people not park on residential streets. My purpose in calling Mr. Fritts today was to follow-up on that issue. He indicated to me that the problem appears to have gone away. The three or four cars that they actually ended up tagging with information cards did not return to park again on their street. For the Council's information, we are corresponding at this time with all the youth athletic associations, and will be supplying them with information to present to the parents, asking their cooperation to use the park's parking lot rather than residential streets throughout the summer months. Because the Zachary Lane Park is our most heavily used facility during the summer, we are closely monitoring whether the parking lot is still adequate to meet our needs. Last year we reached the point where we needed to add more parking to the Plymouth Creek Playfield to alleviate parking in residential areas. Additional parking at the Zachary Playfield may be necessary in the near future, also. I will keep you and the Council informed of any information on this subject as it develops. EB/np y` 3 ^ Ciiv OF PUMOUTR February 6, 1990 Tim Peterson 3235 Wellington Lane Plymouth, MN 55441 Dear Mr. Peterson: Mayor Bergman has forwarded your resident feedback form to me for review and comment. Your feedback form requests that the City begin the development of the Plymouth community center as soon as possible. The entire City Council has seen a copy of your resident feedback form, therefore, they have been made aware of your desire for the community center process to begin as soon as possible. The new Council has been extremely busy studying and learning about the operations of the City. I am sure that in due time they will begin the process of reviewing and discussing the future of the community center. Please watch the local newspaper or Cable Channel 37 for notification of when those discussions will take place. If I can be of any further help, please call me at 550-5131. Thank you for your time and interest in this matter. Sincerely, 54� Eric Blank Director of Parks and Recreation EB/np cc: City Manager 3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 559-2800 1 1P RESIDENT FEEDBACK FORM Please use this form if you have a question or concern which does not appear on the town meeting agenda to which you would like the City to respond and/or investigate. If you provide your name, address and phone number, we will advise you of our actions and findings with respect to your concern. NATURE OF CONCERN/PROPERTY ADDRESS INVOLVED: fif'.r .fie. c.�r•�sA-� «t '.r ro-F-T- r / 1�'As .�ZRk�i �� w,� �.�-zb.✓ r� i �a sv�r� _ PON 'f' o,E ACTION YOU DESIRE THE CITY TO TAKE: NAME OF CONCERNED RESIDENT: ADDRESS OF RESIDENT: 32 35 W Z'oy< -15-S'30� PHONE NUMBER: 6� CITY OF Kymo Tlt February 6, 1990 Sue & John Byrnes 10705 34th Avenue N Plymouth, MN 55441 Dear Mr. & Mrs. Byrnes: Mayor Bergman has forwarded your resident feedback form to me for review and comment. In your letter you state that a walking and biking path is needed between 36th and 28th Avenues, along East Medicine Lake Boulevard. This area has been a concern of mine for many years, and I believe you are correct in stating there is a need for that facility. In this particular case, this is going to be a regional trail, owned and operated by Hennepin Parks. Hennepin Parks is currently asking the Minnesota Legislature through the Metropolitan Council for bonding authority for the necessary funds to buy and construct this trail. It would be most helpful if you and your neighbors would send letters to the Metropolitan Council Parks and Open Space Commission and your local legislators, sharing with them your concern for the development of this trail. Hennepin Parks has made this their top priority and are anxious to proceed with the project. The City of Plymouth is doing everything in its power to expedite the construction of this trail. One example of this is that we have purchased property as it has been put up for sale in the trail corridor and are holding it for Hennepin Parks to acquire some time in the future. Practically speaking, given the timing that the Legislature will be meeting and the other steps necessary for the implementation of this plan, 1991 really is the earliest time frame in which Hennepin Parks could construct the project. The park district will hold public meetings at the proper time to inform you of their plans. Thank you for your time and interest in this matter. If I can be of further assistance to you, please call me at 550-5131. Sincerely, F, (�irector Eric J. dank Parks and Recreation EJB/np cc: City Manager 3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 559-2800 RESIDENT FEEOBAOC FORM Please use this form if you have a question or concern which does not appear on the town meeting agenda to which you would like the City to respond and/or investigate. If you provide your name, address and phone number, we will advise you of our actions and findings with respect to your concern. NATURE OF CONCERN/PROPERTY ADDRESS INVOLVED: A -11'dLat-j .lam i . ..� 1� .ci n ACTION YOU DESIRE THE CITY TO TAKE: a] NAME OF CONCERNED RESIDENT: sv-tj y r, ADDRESS OF RESIDENT: 7 ©S JV PHONE NUMBER: CITY OF PUMOUTR February 6, 1990 Gary Medin 680 Windemere Curve Plymouth, MN 55441 Dear Mr. Medin: Mayor Bergman has forwarded your resident feedback form to me for review and comment. In your feedback form you state that you would like the City to create a wildlife area such as Richfield's Woodlake Nature Center. At this time, the City does not have any plans for the development of an operating nature center. The cost of owning and operating a center such as Woodlake is over $100,000 annually. Because these facilities are not revenue producing, the total cost of owning and operating the center is born by the local taxpayer. That's the bad news. The good news is that the City has acquired, either by fee title or by easement, many hundreds of acres of marshes and wetlands throughout the community. These areas are set aside and will be preserved for future generations to enjoy in their most natural settings. If your interest lies in attending a formal nature center program, I would suggest that you contact Hennepin Parks. They own and operate a number of nature centers in western Hennepin County which would be within a 20 minute drive of Plymouth. They offer a very wide variety and extensive program of wildlife interpretation and other similar programs. I will copy your letter and my response to the Park and Recretion Advisory Commission for their review and information. Many times a suggestion such as yours will start the Commission thinking along similar lines as you have suggested. Thank you for your time and interest in this matter. If I can be of further assistance to you, please call me at 550-5131. Sincerely, , - " Eric J. Blank, Director Parks and Recreation EJB/np cc: City Manager PRAC 3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 559-2800 0 RESIDENT FEEDBACK FORM Please use this form if you have a question or concern which does not appear on the town meeting agenda to; which you would like the City to respond and/or investigate. If you provide your name, address and phone number, we will advise you of our actions and findings with respect to your concern. f NATURE OF CONCERN/PROPERTY ADDRESS INVOLVED: /'d PC 3eC� AUe Al / ezxy-�,- / (— e<64� /4 J-11 1 j l( 2 1 : �./�' C � a G. t NAME OF CONCERNED RESIDENT: ADDRESS OF RESIDENT: ap , W'xC Gx -� ✓� PHONE NUMBER: W ,j �i F317 CITY OF PUMOUTR February 6, 1990 Marty Guritz 735 Windemere Drive Plymouth, MN 55441 Dear Marty: Mayor Bergman has forwarded your resident feedback form to me for review and comment. In your letter you state that you would like to be included in further planning of the community center, especially the senior portion. Although the City Council has not taken any action at this time to appoint a task force on this subject, they have indicated this is an approach they may proceed with. By way of this letter, I am forwarding your name and address to the City Clerk, Laurie Rauenhorst, so that in the event the Council does proceed with the task force, Laurie will contact you at that time. Thank you for your time and interest in attending the town meeting. If I can be of further assistance to you, please call me at 550-5131. Sincerely, Eric J. Blank, Director Parks and Recreation EJB/np cc: City Manager City Clerk 3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447, TELEPHONE (612) 559-2800 February 7, 1990 Marty Guritz 735 Windemere Drive Plymouth, Minnesota 55441 CITY OF PUMOM SUBJECT: WHAT CAN BE DONE ABOUT STRAY DOGS AND, IN PARTICULAR, CATS? Dear Mr. Guritz: Thank you for attending the recent Town Meeting and taking the time to fill out a resident feedback form. The subject of dogs and cats and treating them in a similar fashion has come up on at least two occasions that I am aware of the past ten years. As you probably are aware it is far easier to pick up a stray dog than it is a stray cat. Cats, by their very nature, are suspicious and aloof and generally will not approach strangers. However, I want to assure you that we do pick up cats under the nuisance provision of our City code. Owners of cats may be charged with creating a public nuisance if their cat 7s annoying to other persons. We have loaned out live traps to persons who are experiencing problems with stray cats. If you need one, please do not .to. contact. -us .at 55.07517.1. .,.,We should be. able..to...help!.. . Again, thank you for attending the recent Town Meeting. If I can be of further assistance, please contact me directly at 550-5161. Sincerely, .Richard J Carlqu st Public Safety Director Plymouth Police Department cc: James G. Willis - City Manager 3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 559-2800 RESIDENT FEEDBACK FORM Please use this form if you have a question or concern which does not -appear on the town meeting agenda to which you would like the City to respond and/or investigate. If you provide your name, address and phone number, we will advise you of our actions and findings with respect to your concern. CONCERN/PROPERTYNATURE OF ADDRESS IV IV � ..i.�� tet_•: 'e ACTION �YODU DESIRE THE CITY TO TAKE: '7t.r-� acz e--u�tse�c.tiGGy � G�c�uwJ v �C -�i�G �•c.t�.C.��y /J�ri-c-Iti O.L-�-J 7zo 9-T a �� k NAME OF C CERNEDESIDENT: ADDRESS OF RESIDENT: PHONE NUMBER: /7&/ CITY OF PUMOUTR February 6, 1990 Marge Demeules 1749 W Medicine Lake Drive Plymouth, MN 55441 Dear Mrs. Demeules: Mayor Bergman has forwarded your resident feedback form to me for review and comment. In your feedback form, you state you have an interest in the community center task force. At this time, the City Council has not discussed the make up of a task force to review the community center. I have forwarded your letter to Laurie Rauenhorst, the City Clerk, and asked her to notify you if and when the Council commissions a task force. If I can be of further assistance to you, please call me at 550-5131. Thank you for your time and interest in attending the town meeting. Sincerely, Eric Blank Director of Parks and Recreation EB/np cc: City Manager City Clerk 3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 559-2800 RESIDENT FEEDBACK FORM Please use this form if you have a question or concern which does not appear on the town meeting agenda- to which you would like the City to respond and/or investigate. If you provide your name, address and phone number, we will advise you of our actions and findings with respect to your concern. NATURE OF CONCERN/PROPERTY ADDRESS INVOLVED: 1 l/. MA ACTION YOU DESIRE THE CITY TO TAKE: NAME OF CONCERNED RESIDENT:S ADDRESS OF RESIDENT: l 7 al (A) &A -- PHONE NUMBER: 5-51,9-26Z/ f 1V CITY OF PLYMOUTH - February 7, 1990 Arlene Johnson 3535 Rosewood Lane Plymouth, MN 55441 Dear Mrs. Johnson: Mayor Bergman has forwarded your resident feedback forms to me for review and comment. Your first form addressed the issue of the community center task force. The City Council has been extremely busy in the first few weeks of this year getting themselves organized. I'm sure in the near future, they will turn their attention to discussing the issue of the community center. They may very well proceed with the development of a citizen task force. I'm forwarding your name and address to Laurie Rauenhorst, the City Clerk, for her retention. Laurie will contact you if and when the City Council decides to proceed with a task force for this project. The second item you addressed are the trees planted along County Road 61. I toured this area this morning with our city forester, Don Kissinger, to take a look at the spacing of the trees that Don planted. Overall, I think the trees look quite good, but I can see where the addition of a few •trees would certainly enhance the uniformity. I have asked Don to look into this, and I have also suggested that he give you a call, so that he can explain to you the overall planting program that he has developed for that stretch of road. Thank you for your time and interest in attending the town meeting. If I can be of further assistance to you, please call me at 550-5131. Sincerely, J Eric J. Blank, Director Parks and Recreation EJB/np cc: City Manager City Clerk City Forester 3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 559-2800 �Ov RESIDENT FEEDBACK FORM Please use this form if you have a question or concern which does not appear on the town meeting agenda to which you would like the City to respond and/or investigate. If you provide your name, address and phone number, we will advise you of our actions and findings with respect to your concern. NATURE OF CONCERN/PROPERTY ADDRESS INVOLVED: ACTION YOU DESIRE THE CITY TO TAKE: NAME OF CONCERNED RESIDENT ADDRESS OF RESIDENT: PHONE NUMBER: RESIDENT FEEDBACK FORM Please use this form if you have a question or concern which does not appear on the town meeting agenda to which you would like the City to respond and/or investigate. If you provide your name, address and phone number, we will advise you of our actions and findings with respect to your concern. NATURE OF CONCERN/PROPERTY ADDRESS INVOLVED: . )� U.4��' eco ACTION YOU DESIRE THE CITY TO TAKE: t n -& w-� t,�.s, r�ca•�. crrie-o wr�a.. •e�-nuc- A$ a*V-4 A.� as' w� �4tvr.� 4h NAME OF CONCERNED RESIDENT: M ADDRESS OF RESIDENT: PHONE NUMBER: S<; E} — 1(e 3 6 OTV ( PUMOUTR February 6, 1990 John Springer 404 Forestview Lane Plymouth, MN 55441 Dear Mr. Springer: -7` \D Mayor Bergman has forwarded your resident feedback form to me for review and comment. Your first question dealt with the Ridgemount playfield (at Wayzata East Jr. High). Currently, we are in the discussion stages with District 284 staff about the possibility of upgrading the westerly portion of this playfield. Specifically, we are looking at ways to more effectively use the space for both youth baseball and youth soccer programs. Our goal is to end up with a facility that would have two playable baseball fields and one additional playable soccer field. We hope that something can be worked out, so that this can be accomplished prior to this summer's baseball season. Your second item dealt with a trail connecting St. Mary's park with the Ridgemount playfield. The answer to this question is yes. We have secured the necessary easements to build a trail from St. Mary's park to the Ridgemount playfield site. At this time, I do not have a definite time table for when the physical construction of the path will take place. Thank you for your time and interest in attending the town meeting. If I can be of further assistance to you, please call me at 550-5131. Sincerely, Eric J. Blank, Director Parks and Recreation EJB/np cc: City Manager 3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 559-2800 RESIDENT FEEDBACK FORM • 5��y Please use this form if you have a question or concern which does not Ripp ar on the town meeting agenda to which you would like the City to spopA and/or investigate. If you provide your name, address and phone.nuberp1 will advise you of our actions and findings with respect to your con cernV1 NATURE OF CONCERN/PROPERTY ADDRESS INVOLVED: YXn0 4VW7-G !x/047 /✓QoUi' /31?,0WCWr ' TinUY .o a "7- . 06,47,00 J7. 1,16W &/;44i./� ,lP�v Gf• D�6' T.n6I'7? WA,147 kioR/z /1 'W4,4,4-0 Xe -n- ",PZ474 "fl' ,?. 4/4/ C/j6yC0 4A ,o M4.1L j� Cdro'iYA6 y d7, /r!A► J /�,GIL�G W.17/ A✓�yZ/JTn d -Ali t//d• N/-'01WPALGD tdi✓ ACTIO YOU DESIRE THE CITY TO TAKE: NAME OF CONCERNED RESIDENT: ADDRESS OF RESIDENT: PHONE NUMBER: fyj -d jft rJ S'YV - 212 i ( Zvu/L/L, February 6, 1990 Mr. Loren A. Schiebe 13405 - 34th Avenue North Plymouth, MN 55441 Dear Loren: Thank you for your attendance at the recent Town Meeting. Your suggestion about including information regarding the City's watering restrictions is a good one. I will try to see that this item is addressed during future meetings, as well as have information handout sheets available which people may take with them in order that they might refer to them in the spring. Thanks for bringing this to our attention. Yours truly, 0Ci3a es G. Willis t Manager 3W:kec cc: Mayor and City Council 3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 559-2800 RESIDENT FEEDBACK FORM Please use this form if you have a question or concern which does not appear on the town meeting agenda to which you would like the City to respond and/or investigate. If you provide your name, address and phone number, we will advise you of our actions and findings with respect to your concern. NATURE OF CONCERN/PROPERTY ADDRESS INVOLVED: ACTION YOU DESIRE THE CITY TO TAKE: W NAME OF CONCERNED RESIDENT: k ADDRESS OF RESIDENT: �� D �4 PHONE NUMBER: 67 February 7, 1990 ` CITY OF PLYMOUTI1 Shirley M. Rucke 12100 29th Avenue North Plymouth, Minnesota 55441 SUBJECT: COMPLAINT REGARDING LITTER AND DOG FECES ON WALKING PATH OFF OF WEST MEDICINE LAKE DRIVE Dear Mrs. Rucke: Thank you for attending the recent Town Meeting and taking the time to fill out a resident feedback form. The problem of dogs messing the walking paths is not a new one. Nor do I expect it to go away without the assistance of dog owners! I will request the Park and Recreation Director Eric Blank to erect the necessary signage alerting dog owners to their responsibility to pick up after them. In addition, I will alert our Community Service Officers to pay special attention to problems of this type. The problem is occurring on all of our trails. Again, thank you for attending the Town Meeting. If you should have further concerns, please do not hesitate to contact me directly at 550-5161. - Sincerely, Aw Richard J. arlquist Public Safety Director Plymouth Police Department RJC/sb cc: James G. Willis - City -Manager 3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447 TELEPHONE (612) 559-2800 RESIDENT FEEDBACK FORM Please use this form if you have a question or concern which does not appear on the town meeting agenda to which you would like the City to respond and/or investigate. If you provide your name, address and phone number, we will advise you of our actions and findings with respect to your concern. /NATURE OF CONCERN/PROPERTY ADDRESS INVOLVED: d'''Ld- � o J �+ ACTION YOU DESIRE THE CITY TO TAKE�I72'� o -Y s 0 WE "11, ,. NAME OF CONCERNED RESIDENT: Atlz� ADDRESS OF RESIDENT: a v PHONE NUMBER: -ate%— �? A February 7, 1990 VOTY OF PLYMOUTR Clayton L. Anderson 510 Sycamore Circle North Plymouth, Minnesota 55441 SUBJECT: REQUEST FOR TRAFFIC LAW ENFORCEMENT ON 6TH AVENUE NORTH Dear Mr. Anderson: Thank you for attending the recent Town Meeting and taking the time to fill out a resident feedback form. I have referred your request for additional speed enforcement on 6th Avenue North to our patrol division. In the near future you will see some stationary radar assignments. If problems continue to be observed on 6th Avenue North, do not hesitate to contact me directly at 550-5161. Again, thank you for attending our recent Town Meeting. Sincerely, Richard J. arlquist Public Safety Director Plymouth Police Department RJC/sb ' _ - . - . .-.. _ _. — I.. _. . cc: James G. Willis - City Manager 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 .1 -1.-;L— RESIDENT .-;-- RESIDENT FEEDBACK FORM Please use this form if you have a question.or concern which does not appear on the town meeting agenda to which you would like the City to respond and/or investigate. If you provide your name, address and phone number, we will advise you of our actions and findings with respect to your concern. NATURE OF CONCERN/PROPERTY ADDRESS INVOLVED: 6 "' 4,1- Wo. (evlilxz j) ins by #u- batck o � to -t. I do n d care 4o s&e *a Ai mcreasc mor-&- Aare 14 cLreQdy why YA aA4 ex(:4rn4 roal,, 7o bew c..rJ N WeA MW " ACTION YOU DESIRE THE CITY TO TAKE: NAME OF CONCERNED RESIDENT: ADDRESS OF RESIDENT: 3/0 S(e-a more OrcCe Alb. PHONE NUMBER: _544- 0346 CITY OF February 7, 1990 PUMOUTR Dennis Westly 3020 Kilmer Lane Plymouth, Minnesota 55441 SUBJECT: PERSONS NOT BEING RESPONSIBLE FOR PICKUP UP AFTER THEIR DOGS AT SUNRISE PARK Dear Mr. Westly: Thank you for attending the recent Town Meeting and taking the time to fill out a resident feedback form. The nature of your concern appears to be universal in Plymouth - at least this time of year! I have alerted our Community Service Officers to patrol the area of Sunrise Park. I have also asked the Park and Recreation Director Eric Blank to determine if the necessary signage that instructs dog owners to clean up feces are in place. If not, signs will be erected. Again, thank you for attending the recent Town Meeting. If you should have further concerns, please -do not hesitate to contact me directly at 550-5161. Sincerely, Richard J C41ist Public Safety Director Plymouth Police Department RJC/sb cc: James G. Willis - City Manager 3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55442 TELEPHONE (612) 559-2800 Kil �-- 1 Q� RESIDENT FEEDBACK FORM Please use this form if you have a question or concern which does not appear on the town meeting agenda to which you would like the City to respond and/or investigate. If you provide your name, address and phone number, we will advise you of our actions and findings with respect to your concern. NATURE OF CONCERN PROPERTY ADDRESS ESS INVOLVEO:, / - - - 6 1 / f- -J-1 . fWE - t , M NAME OF CONCERNED RESIDENT: ADDRESS OF RESIDENT: PHONE NUMBER : J � ��%� J February 7, 1990 Donald Bell 1454 Larch Lane North Plymouth, Minnesota 55441 CITY OF PLYMOUTR SUBJECT: DOGS RUNNING LOOSE IN NEIGHBORHOOD Dear Mr. Bell: Thank you for attending the recent Town Meeting and taking the time to fill out a resident feedback form. I have referred your complaint about dogs running loose in your neighborhood to our Community Service Officers. They will patrol your area. We are most effective responding to 9-1-1 calls for the type of service that you are requesting. When we receive a timely call, we are more effective in utilizing our resources. Do not hesitate to call. Again, thank you for attending the recent Town Meeting. If you should have further concerns, please contact me directly at 550- 5161. Sincerely, Richard J. C rlquist Public Safety Director Plymouth Police Department RJC/sb cc: James G. Willis - City Manager 3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447, TELEPHONE (612) 559-2800 =: \,;;L, RESIDENT FEEDBACK FORM Please use this form if you have a question or concern which does not appear on the town meeting agenda to which you would like the City to respond and/or investigate. If you provide your name, address and phone number, we will advise you of our actions and findings with respect to your concern. OAF A .li. •�� ice__ `% FV W I'M - In; N Old, 1�ACTION YOU DESIRE THE CITY TO TAKE: NAME OF CONCERNED RESIDENT: ADDRESS OF RESIDENT.- PHONE ESIDENT:PHONE NUMBER: STATE OF MMIESOCTQ DEPARTMENT OF NATURAL RESOURCES DNR INFORMATION 500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155.40 (612) 296-6157 February 1, 1990 The Honorable Kim Bergman Mayor, City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Mayor Bergman: NATIONAL FLOOD INSURANCE PROGRAM, COMMUNITY ASSISTANCE VISIT Thank you for the time that Chuck Dillerud, Al Cottingham, Joe Ryan and Darrell Johnson spent with Ceil Strauss and Judy Boudreau on January 24, 1990 to discuss flood plain management in Plymouth. The meeting was conducted by our staff on behalf of the Federal Emergency Management Agency (FEMA) in consideration of your City's continued participation in the National Flood Insurance Program (NFIP) . During the course of the meeting, several topics were discussed, two of which require follow-up action by the City as described below: Your Floodplain ordinance is non-compliant due to 1986 changes to federal requirements of the NFIP. A copy of the model ordinance was provided for the City's use. We strongly recommend that you adopt this model since it is compliant with all state and federal floodplain regulations. If the City prefers to amend the existing ordinance we would have to review it more closely to be sure there are no omissions. Area Hydrologist Ceil Strauss is available to assist the City in this ordinance revision process. Although state regulations allow 6 months to amend your ordinance, federal regulations only allow 90 days for amendments to non- compliant ordinances. This deadline will occur on April 24, 1990. It is suggested that you attempt to meet the federal deadline in order to avoid any possible sanctions imposed by FEMA. Because state law also requires that a proposed local ordinance be reviewed and approved 30 days prior to adoption, please send any drafts being considered for adoption to Ms. Strauss by March 23, 1990. AN EQUAL OPPORTUNITY EMPLOYER Mayor Rim Bergman Page 2 Second, in the future the City's floodplain maps will have to be revised to reflect changed conditions in the Bassett Creek (and thus Plymouth Creek) Watershed. Once all proposed projects that will impact flood elevations (shown on the Federal floodplain maps) are completed, we would appreciate contact from the City Engineer's office so we can place Plymouth on a "Limited Map Maintenance" priority list. In the meantime we have been assured by the staff that the most restrictive flood elevations are being imposed in ordinance implementation. In closing, the City is commended for the excellent job of floodplain management and ordinance implementation. Should you have any questions relating to routine floodplain management they should be directed to Ms. Strauss at (612) 296-7523. If you or your staff have any questions regarding this assessment please contact Judy Boudreau at (612) 296- 9224. Sincerely, Joe Gibson, Supervisor Floodplain Management Program JG/JB cc: Terry Reuss-Birman, FEMA Ceil Strauss, Area Hydrologist John Linc Stine, Regional Hydrologist Chuck Dillerud, Community Development Coordinator Darrell Johnson, Sr. Engineering Technician MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: February 9, 1990 TO: James G. Willis, City Manager FROM: Blair Tremere, Community Development Director SUBJECT: CORRESPONDENCE FROM DEPARTMENT OF NATURAL RESOURCES REGARDING FLOOD PLAIN REGULATIONS I have reviewed the February 1, 1990 letter from the Mayor. I refer you to two other letters from the DNR, one of which was shared with the Council earlier this year. The first, dated October 5, 1989, informed us that a model ordinance had been published by the Federal agency in charge of flood plain regulations and that the DNR was working in conjunction with them to see that it got implemented. It was a preliminary notice that changes would have to be made. We planned at that point then to include a review of the flood plain regulations in the now pending review of all of the City Official Controls once the Comprehensive Plan had been updated. I have had members of my staff compare the language in the model ordinance against our regulations which we have enforced since 1978. We also planned to send the DNR a copy of our regulations so they could analyze them and advise us as to what, if anything, was non-compliant with the new Federal regulations. The January 5, 1990 letter resulted from a call which asked if we would be willing to have a "visit" by Federal and State officials to see how our enforcement activities had been over the last 12 years. I agreed to that and that is what led to the meeting on January 24. It was only at that meeting that we learned the meeting was also serving as the "official contact meeting" that is referenced in the October 5, letter. We told the DNR officials that we were reviewing the flood plain regulation and that we wanted to first specifically identify where our existing regulations were non-compliant. There was no indication at that meeting by the State officials that we were non-compliant in any specific area. The letter to the Mayor dated February 1, is from a person who was not present at the meeting. Community Development Coordinator Chuck Dillerud and I have talked with one of the women who was present, Ceil Strauss, and she acknowledges that the letter, perhaps, was "a bit too heavy." She stressed that the DNR appreciates Plymouth's efforts over the years to have flood plain regulations and enforce them. Incidentally, about a dozen persons in the entire City have Federal flood insurance and about $1,500 has been paid in claims since 1978. We have the Ordinance on the books so that Plymouth residents can in fact obtain Federal flood insurance (it is also beneficial to have flood plain regulations where there is a flooding potential due to State Law which requires that development in flood prone areas be regulated). She agrees that we should send them a copy of our present regulations to positively identify any discrepancies or deficiencies and I will have completed that in a matter of days. We have continued to review the Ordinance ourselves and we will await their response to see how severe the situation really is. It is our preliminary observation that there are few areas that need changing. I will keep you and the Council advised as to the status of this matter. If changes are needed, a Public Hearing will be held before the Planning Commission and the City Council will then get a recommendation from the Commission. Attachments (pl/bt/jw.DNR:js) ti • STATE OF NIEIs(0)CTQ I DEPARTMENT OF NATURAL RESOURCES DNR INFORMATION' 500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155-40 (612) 296-6157 October 5, 1989 OG �, ' `! ` z - The Honorable Virgil Schneider OCT ;^8Q Mayor, City of Plymouth 11520 - 54th Avenue Plymouth, outh MN 55442 _ r,I Dear Mayor Schneider: Enclosed is a new model floodplain ordinance which most closely meets your community's needs. (We would appreciate your passing this information on to your staff person in charge of floodplain management.) As you are probably already aware, the Federal Emergency Management Agency (FEMA) and the Minnesota Department of Natural Resources (DNR) have negotiated this model ordinance to reflect the changes in federal regulations which were actually effective in 1986. Because of these changes every community in the National Flood Insurance Program is being required to amend their floodplain zoning ordinances. You will be required to revise your floodplain ordinance sometime before the end of the upcoming federal fiscal year 1990 (October 1, 1989 through September 30, 1990). The purpose of this letter is to give your community a chance to review the model which best relates to your current ordinance, and to get a head start in the adoption process. If assistance is needed, please feel free to contact your area hydrologist (phone number listed on the attached sheet) or me at (612) 296-9224. A draft form of the revised ordinance should be submitted to your area hydrologist for preliminary review so that any omissions or inconsistencies can be found prior to final adoption. It is a good idea to amend the zoning ordinance as early as possible to avoid any potential federal sanctions. (Federal law allows only 90 days from the time of the DNR/Community contact for an ordinance to be amended. This letter does not constitute your official contact.) Again, please share this information with your staff so that there is ample time to follow up on this federal requirement. Sincerely, DIVISION OF WATERS My Boudreau FEMA -CAP Hydrologist JB:fw 3(v cc: Cei1 Strauss, Area Hydrologist. 7- (200 W&�rmr R�`� John Stine, Regional Hydrologist S+ Ptw►!� t mm. E5 f 1(p Kent Lokkesmoe AN EQUAL OPPORTUNITY EMPLOYER STATE OF HNIESO Q DEPARTMENT OF NATURAL RESOURCES DNR INFORMATION 500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA* 55155-40 (612) 296-6157 January 5 1990 FILE6,0, , The Honorable Kim Bergman Mayor, City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Mayor Bergman: This letter is to confirm a meeting recently scheduled with Blaire Tremere at 2:30 p.m. at City Hall on Wednesday, January 24, 1990. As explained to Mr. Tremere, the purpose of this meeting is to determine the effectiveness of the National Flood Insurance Program in Plymouth, review local flood plain management procedures and to assist with any local program related problems. Since we will want to review the City's current flood plain ordinance, as well as to discuss your system of handling building permits, it would be appropriate for officials involved with those procedures to be present at this meeting (e.g., zoning administrator, building inspector, planner, etc.). Also welcome are any other interested officials and interested members of the public. We will be willing to discuss all program aspects that are of interest or concern. Please have available for review building permit files, variances or conditional use permits affecting the flood plain which were granted or denied by your community in the past 5 years. The Federal Emergency Management Agency (FEMA) calls this type of meeting a Community Assistance Visit (CAV). The Department of Natural Resources is under contract to conduct these meetings for FEMA. Ms. Ceil Strauss, the DNR Area Hydrologist serving Plymouth, will also -be present during____:__` this meeting. AN EQUAL OPPORTUNITY EMPLOYER i i Mayor Kim Bergman Page 2 Please feel free to call me at (612) 296-9224 if you have any questions. Sincerely, Judy Boudreau, Hydrologist Floodplain Management Program JB cc: Joe Gibson, Supervisor, Floodpalin Management John Linc Stine, Regional Hydrologist Ceil Strauss, Area Hydrologist Blaire Tremere, Planner/Comm. Development Director Terry Reuss-Birman, FEMA Home Free Domestic Assault Intervention Project February 8, 1990 4139 Regent Ave. N. Rohbinsdale, MN 55422 Mr. Frank Boyles, Assistant City Manager City of Plymouth 3400 Plymouth Blvd. Plymouth, Minnesota 55447 Dear Mr. Boyles, 1 TO Nlione ._�-%-• �� 3i-1101 r I have attached the 1989 Annual Report for the Plymouth Domestic Assault Intervention Project for distribution to the Plymouth City Council. Please extend our appreciation to the Council for the strong show of support for the Intervention Project for 1990. Providing the funding for the Intervention Project sends a two -fold message to the residents of Plymouth: one, that the Plymouth community and governing body cares about the victims of domestic assault and the trauma experienced when those closest to you cause you physical harm and,ttwo, that violence will not be tolerated in the City of Plymouth. The $22,000.00 in funding from the Plymouth City Coucil for':the'° Intervention Project will help us to provide Plymouth residents with immediate crisis intervention at the time of arrest for domestic assault and ongoing support for victims throughout the court process and through support groups as well as to enhance the prosecution of these cases and relieve the Plymouth police officers of victim follow-up duties. I am looking forward to a decade of imcreased community interest and participation in ending domestic violence. Our coordinated efforts will surely improve the quality of life for all Plymouth residents. Sincerely, k. Ctv� Cynthia K. Cook Project Coordinator Domestic Assault Intervention in Crystal, Golden Valley and Plymouth PLYMOUTH DOMESTIC ASSAULT INTERVENTION PROJECT A Program of Home Free Shelter ANNUAL REPORT January 1989 -December 1989 PLYMOUTH DOMESTIC ASSAULT INTERVENTION PROJECT ANNUAL REPORT January 1, 1989 -December 31, 1989 Arrests 59 suspected assailants were arrested for assault in this 12 month period. Complaints Complaints were filed by the city against 4 suspects in this 12 month period. Prosecution Guilty pleas were entered by 11 assailants at the arraignment and 23 during the court process. 10 cases were continued for dismissal. These cases receive particular attention to ensure further action by the court should the victim be threatened in any way. 2 cases were dismissed for guilty pleas to earlier charges. 2 cases were dismissed at the victims request. 1 case was dismissed due to the death of the victim. 1 case was dismissed because the victim relocated to another state. 9 cases were pending court action as of December 31, 1989. Recividity: 8 Char es: 49 Fifth Degree Assault 1 Fifth Degree Assault and Violation of Protection Order 1 Fifth Degree Assault and Disorderly Conduct 2 Gross Misdemeanor Assault Felony Assault Amendments 9 Fifth Degree Assault to Disorderly Conduct 2 Felony Assault to Fifth Degree Assault Sentencing 1 Time Served and Fine 2 Time Served and Time Stayed 2 Time Served, Time Stayed and Fine 2 Time Served, Time Stayed, Fine to Pay and Fine Stayed 2 Time Served, Time Stayed and Behavior Treatment 2 Time Served, Time Stayed, Fine Stayed and Behavior Treatment 1 Time Served, Time Stayed and Psychiatric Evaluation 2 Time Stayed, Fine Stayed 2 Time Stayed, Fine Stayed and AA 2 Time Stayed, Fine and CD Treatment 2 Time Stayed, Fine and Behavior Treatment 1 Time Stayed, Fine, CD Treatment and Behavior Treatment 1 Time Stayed, Fine to Pay, Fine Stayed, CD Treatment and Behavior Treatment -2- �- y 3 Time Stayed and Behavior Treatment 2 Behavior Treatment 1 CD Treatment 5 No Same or Similar and Probation 4 Fine Only 2 Fine and Behavior Treatment Advocacy: The Intervention Project provides 24-hour crisis intervention services to victims of domestic assault. Upon notification of Home Free Shelter by the police, volunteer advocates are contacted and dispatched to offer emergency support services to the victim. Volunteer and staff advocates have been trained to explain the criminal court process, explain the court order for protection and to explain the community resources available to the victim. Advocates assist the victim in both criminal and family court. Arrests 58 victims received information about the criminal court process and the availability of the Order for Protection. 14 victims were visited in their homes within an hour after receiving the police call. 1 woman was met at the hospital by an advocate 24 victims were contacted by phone following the police call but chose not to have a home visit at that time. Follow-up contacts were made by staff throughout the court process. Both parties were arrested in 8 incidents and were advised of options through jail visits. (Contact was made with 10 through jail visits.) 3 victims could not be reached. Letters were sent explaining the services available. The Intervention Project was not notified of arrest in 5 cases. Contact was made with the victims at a later date. 1 victim was a minor. Contact was made with her mother by phone. 1 victim did not wish to be contacted. 8 victims did take advantage of the Order for Protection and were accompanied to both The filings and the hearings. Nonarrests 33 women whose abusers were not arrested received information about options available. 8 women were visited personally by an advocate. 10 women were assisted with obtaining an Order for Protection. 5 women were assisted with the criminal court process. 1 woman was visited in the hospital by an advocate. She and her 3 children were provided transportation to Home Free Shelter. Jail Visits: Jail visitors are dispatched to meet with the assailants the morning after an arrest. Jail visitors explain the community response to domestic assault and offer information on counseling available for violent behavior. 33 suspects were visited in jail and received information on domestic abuse and counseling options. Visits are not made if there is the likelihood of the charge being a felony or gross misdemeanor (9 cases), if the suspect is taken to Hennepin County jail (1 case), if the suspect is released on bail (10 cases), if the Intervention Project has not been notified at the time of the arrest (5 cases). Volunteer Program: Intervention Project volunteers are on call nights and weekends providing outreach services to both victims and assailants. 33 community women and men volunteered over 11,000 hours of service to the Intervention Project in 1989 through home visits, jail visits, accompaniment to Hennepin County Family Court, distribution of brochures and fliers, public speaking and providing transportation and childcare for the educational/support groups. New volunteers attended a weekend,joint-program training and receive Intervention Project training by Project staff and on-the-job training with an experienced volunteer. All volunteers receive ongoing training at monthly volunteer meetings. Volunteers learn the historical perspectives and dynamics of battering; they become acquainted with laws pertaining to domestic assault; they examine how racism, classism, sexism, ageism and homophobia relate to violence in our society; and they learn nonjudgemental, supportive responses to individuals in crisis. Community Outreach: Two weekly community educational/support groups for battered women were maintained by the Intervention Project in 1989. Guided discussions, speakers and specially developed educational materials were used at these groups to provide information on community resources, the effects of abuse and developing a support system. 83 community women attended these groups in 1989. Childcare was provided for 69 children. Transportation was provided by volunteers as needed. Intervention Project volunteers continue to distribute brochures and fliers at area businesses, churches and libraries throughout the year. Systems Advocacy: Battering tends to escalate in severity and the response of the community in the early stages of domestic violence is critical. This is particularly apparent by the high number of tragic murders of women in Minnesota in 1989 by their husbands or boyfriends. At the conclusion of their 1989 study, the Minnesota Supreme Court Task Force for Gender Fairness determined that domestic violence is one of the most serious problems faced by our society. The number one recommendation by the Task Force For Gender Fairness was to sensitize judges and law enforcement officers to the problems of individuals who have been victims of domestic abuse. This issue has been addressed in the Plymouth Community since the inception of the Intervention Project in 1984. Intervention Project staff work with police, prosecutors, probation officers and judges to promote an effective and coordinated community response in the City of Plymouth. Training for Plymouth police officers was provided by Intervention Project staff at shift meetings including information on project policy/procedure updates, judicial and legislative actions affecting domestic assault arrests and the progress of cases with which the officers have been involved. Intervention Project staff and volunteers worked in 1989 with a group of other Hennepin County advocates to make the Family Court system more accessible to battered women. A sensitivity/discussion meeting was held with Family Court Judges and referees to discuss problems and concerns and to work together to find solutions. Two meetings were also organized with Division II District Court members to more effectively coordinate the efforts of judges, prosecutors, probation officers, mental health providers and advocates toward a mutual goal: ending the violence. 1. 2. 3. 4. 5. 6. 1. 2. 3. 4. 5. 6. 1. 2. 3. 4. 5. 6. 1. 2. 3. 4. 5. 6. HOME FREE SHELTER DOMESTIC ASSAULT INTERVENTION PROJECT COMMUNITY EDUCATION Crystal, Golden Valley, Plymouth January 1 -December 31, 1989 Name of Group: Northwest Area Lutheran Synod Type of Audience: Clergy Number Attending: 25 Date: 1/12/89 Time: 8:30 a.m.-9:30 a.m. Presenter: Cynthia K. Cook Name of Group: Messiah United Methodist Church, Plymouth Type of Audience: Adults Number Attending: 15 Date: 1/18/89 Time: 10:15 a.m.-11:15 a.m. Presenter: Lisa Vecoli Name of Group: North Memorial Medical Center Type of Audience: Hospital Staff Number Attending: 4 Date: 2/7/89 Time: 3:15 p.m. -4:15 p.m. Presenter: Mary Monteon Name of Group: Sandberg Middle School, Golden Valley Type of Audience: Teachers/Counselors Number Attending: 15 Date: 2/24/89 Time: 7 a.m. - 8 a.m. Presenters: Lisa Vecoli r .. - -2- 1. Name of Group: Crystal Fire Department Women's Auxiliary 2. Type of Audience: Women 3. Number Attending: 10 4. Date: 3/8/89 5. Time: 7:30 p.m. - 8:30 p.m. 6. Presenter: Lisa Vecoli 1. Name of Group: Peace Lutheran Church, Plymouth 2. Type of Audience: Adults 3. Number Attending: 30 4. Date: 3/12/89 5. Time: 9:30 a.m. - 10:30 a.m. 6. Presenter: Lisa Vecoli 1. Name of Group: Hennepin County Family Court 2. Type of Audience: Judges and Referees 3. Number Attending: 9 4. Date: 3/23/89 5. Time: Noon - 2 p.m. 6. Presenters: Cynthia K. Cook, Jean Moore and advocates from several other Hennepin County Programs 1. Name of Group: Parent - Child Place 2. Type of Audience: Staff 3. Number Attending: 10 4. Date: 4/18/89 5. Time: 10 a.m. 6. Presenters: Lisa Vecoli -3- 1. Name of Group: Golden Valley Health Center Women's Intervention 2. Type of Audience: Staff 3. Number Attending: 1 4. Date: 5/2/89 5. Time: 2 p.m. - 3 p.m. 6. Presenter: Cynthia K. Cook 1. Name of Group: Education for Cooperative Living 2. Type of Audience: Counselor 3. Number Attending: 1 4. Date: 5/4/89 5. Time: 1:30 p.m. - 2:30 p.m. 6. Presenter: Cynthia K. Cook 1. Name of Group: Northwest Hennepin Human Services Advisory Board 2. Type of Audience: Board Members 3. Number Attending: 12 4. Date: 5/18/89 5. Time: 7 p.m. - 9 p.m. 6. Presenters: Bonnie jetty, Barb Dody (Intervention Project Volunteer) 1. Name of Group: PRISM (food shelf, emergency services) 2. Type of Audience: Staff 3. Number Attending: 1 4. Date: 5/22/89 5. Time: 1 p.m. - 1:30 p.m. 6. Presenter: Cynthia K. Cook 1. Name of Group: National Council of Jewish Women 2. Type of Audience: Council members 3. Number Attending: 20 4. Date: 6/22/89 5. Time: 7 p.m. 6. Presenter: Lisa Vecoli -4- 1. Name of Group: Metro Area Forum on Men Who Batter 2. Type of Audience: Mental Heal thrProfessionals 3. Number Attending: 100 4. Date: 6/28/89 5. Time: 1 p.m. - 4 p.m. 6. Presenter: Denise Gamache (Intervention Project Legal Advocate) 1. Name of Group: Division II District Court (Brookdale) 2. Type of Audience: Representatives from probation, judges, administration, mental health, public defender, prosecution, advocacy programs 3. Number Attending: 15 4. Date: August 17, 1989 and November 17, 1989 5. Time: Noon - 2:00 p.m. 6. Presenter: Cyndi Cook 1. Name of Group: Robbinsdale-Arm strong Senior High School 2. Type of Audience: Health and Home-Ec. Teachers 3. Number Attending: 15 4. Date: August 28, 1989 5. Time: 1:00 - 3:00 p.m. 6. Presenter: Denise Gamache DATE: TO: FROM: SUBJECT: MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 February 9, 1990 James G. Wi 's, 'ty Manager Charles E D r , Community HENNEPI COUNTY APPLICATION FOR Development Coordinator WASTE TRANSFER STATION (89057) On July 23, 1989 Hennepin County made application for a Conditional Use Permit to construct a solid waste transfer station at the northeast corner of County Road 6 and I-494, pursuant to Section 9, Subdivision D. of the Zoning Ordinance (Hazardous Waste Facilities Conditional Uses). Development Review Committee review of the application commenced immediately together with activity to retain a qualified consultant to review the application on behalf of the City of Plymouth, as the Ordinance specifies. It should be noted that the review by the outside consultant is at the expense of the project applicant. On August 29, 1989, we drafted a letter to Hennepin County reviewing 35 items that are in need of modification; additional clarification; or additional information. These review comments were QD1y the result of review by the City of Plymouth staff and usual retained utilities and traffic consultants. On July 24, 1989, we advised Hennepin County that the City of Plymouth had selected Black and Veatch, Kansas City, to be the consultant that would review technical aspects of their application on our behalf. On August 4, 1989, Hennepin County delivered the necessary financial deposit and authorization to proceed with the review of the application by the outside consultant. On August 10, 1989,:we instructed Black and Veatch to proceed with their review. Black and Veatch completed their review and on October 18, 1989, we transmitted a copy of the Black and Veatch report, together with a list of 34 additional design -related items requiring additions, modifications of clarifications related to plans that had been submitted by Hennepin County for this facility. These additional design review items were generated from the report presented by Black and Veatch. To date, neither our design review letter of August 29, 1989, nor our design review letter of October 18, 1989 has been responded to by Hennepin County. The project remains in Stage 2 of the development review process, and cannot proceed until the applicant has provided responses we have requested. (pl/cd/trans.sta:jw) February 6, 1990 Michael J. Erlichmann, Chair Regional Transit Board 230 East 5th Street 7th Floor St. Paul, MN 55101 SUBJECT: REVERSE COMMUTER SERVICE Dear Mr. Erlichmann: Ak CIN OF PLYMOUTFF On behalf of the City of Plymouth, thanks for helping to make others aware of our reverse commuter service offering. Our reverse commuter service carries only an average of 40 passengers per day. Considering that an estimated 269000 persons work in Plymouth daily, there is a lot of room for improvement. The Regional Transit Board could assist us in improving reverse commuter ridership by providing marketing and sales help designed to reach individual employers within the community. My efforts in the past have been unsuccessful. I have sent letters with free passes to employers in Plymouth and received no response. If you folks have ideas you want to test for marketing reverse commuter services in the suburbs, I would be anxious to hear about them! FrankG3dyles Assistant City Manager FB:kec cc: Mayor and City Council 3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 559-2800 R E G I O N A L TRANSIT BOARD MICHAEL J. EHRLICHMANN Chair January 31, 1990 Reverse Commute Meets. C.hanging Travel "Needs As the Twin Cities metropolitan area grows and changes, employment sites for our -msidents change. More commuters are taking trips to suburban employment sites rather than just 'traveling to the downtowns to work As suburban employment sites grow, changes in commuting patterns must -be considered The Regional Transit Board - . recognizes this,fact and is -working to expand transit services that reflect this change. Reverse commute services are typically those services that take people from the central cities to suburban employment sites—the opposite way of past commuting trends. The RTB is studying reverse commute and working to develop strategies. to increase, opportunities for reverse commuters. This fall, an RTB staff member went to Washington, D.C., to meet with four agencies that have implemented, or will implement, reverse commute programs. Contacts have been made with programs that are in place so that the RTB can learn from the successes of developed programs. In the Twin Cities, reverse commute services are in place throughout the metropolitan area. The Metropolitan Transit Commission has more than 20 existing reverse commute routes serving suburban employment sites. The City of Plymouth offers reverse commute services from downtown Minneapolis to Plymouth. Southwest Metro,Transit ' - Commission, representing Eden Prairie, Chaska and Chanhassen, offers reverse commute services from the Southdale transit hub to those communities. The Roseville Area Circulator has just recently added a reverse commute route to outlying Roseville employment sites. Reverse commute transit services can utilize all modes of public transit, including regular route, mini -buses, van pools, and car pools'., In 1990, the RTB will be working to expand reverse commute opportunities. Enhancements to existing services will be examined and three to four new demonstration projects will be initiated. A new initiative I am instituting is meeting with other state agencies, like the Department of Jobs and Training, to identify changing employment patterns. This information will enable - us to institute effective reverse commute services to.meet the needs of our residents. Reverse commute is one way the RTB uses existing resources to meet changing transit needs. ' .1 � _ �1 . n A _ n 230 EAST FIFTH STREET, SEVENTH FLOOR t • ST. PAUL, MN 55101 • 292-8789 Printed on recycled paper. cOEWPO CITY OF COOKLYN CENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561-5440 EMERGENCY - POLICE - FIRE 911 February �i1990 J FEB Commissioner Tad Jude�- A-2400 Government Center 300 South Sixth Street Minneapolis, Minnesota 55487 Dear Tad: On February 5, 1990, I met with a number of city managers from Hennepin County cities. Cities in attendance at the meeting were those which would be potential hosts for a yard waste transfer station to facilitate the 1990 yard waste program. Cities represented at the February 5 meeting were Robbinsdale, Minnetonka, Brooklyn Park, Crystal, Excelsior, St. Louis Park, Hopkins, Wayzata, Bloomington, Plymouth, Golden Valley, New Hope, Eden Prairie, and Brooklyn Center. The focus of the February 5 meeting was to follow through on the cities' commitment, from the yard waste task force, to take the lead in locating yard waste transfer stations. The meeting also addressed the two yard waste resolutions approved at the January 25, 1990, Hennepin County Public Service Committee meeting. Some potentially significant developments have occurred since the January 25, 1990, Public Service Committee meeting. There is now the possibility of a private sector firm accepting the yard wastes from Hennepin County cities. There are a number of issues which must be resolved before this can become an option. However from a municipal perspective, it has a realistic likelihood of becoming a solution for 1990 yard waste disposal in Hennepin County. Under this option, yard waste transfer stations would Still be needed. I would suggest the cities and County discuss this option using the yard waste task force as the forum for our discussion. With regard to the two resolutions approved by the Public Service Committee on January 25, 1990, the cities represented on the yard waste task force still object to the punitive elements of Resolution 90-1-32R1. Ho,13A'�i:1,.Resolution 90-1-31R1 is less �a .7 nµm•wa�cn �• ---IF- ,\�Db Commissioner Tad Jude -2- February 5, 1990 J objectionable to the cities particularly if the County continues to work cooperatively with cities and maintains flexibility in the specific elements of the 1990 yard waste program, especially in light of the option for private sector involvement in establishing a compost facility. On behalf of the cities represented on the yard waste task force, I am requesting the Hennepin County Board work through the yard waste task force to continue to work out options for yard waste disposal for 1990. erely, rald� Splinter ity Ma ager cc: Hennepin County City Managers I am concerned about the railroad crossing on West Medicine Lake Drive just north of highway 55. It is marked only with the railroad crossing sign, with no stop sign and no signal light. When I first moved here this summer, my husband told me to please be sure to slow down or stop and look when crossing there. I hadn't even noticed there was a railroad crossing, although I had driven over it many times! Now I do slow way down and look, and I think my husband and I are the only motorists who do so. We get honked at, etc. And I never see anyone else stop to look. Yet it is so dangerous. Trains do come through several times a day, and although they blow a horn, I'm sure many residents drive with radios blasting and like me, perhaps have never even noticed the existence of this crossing. People nowadays feel that trains are obsolete and tracks are unused and can be safely ignored. I would like to see a stop sign In a city of over 50,000, there uncontrolled railroad crossings. to happen. Sincerely, Pru Palecek 11917 23rd Ave N. Plymouth 55441 557-7196 at this crossing at minimum. should not be any This is a tragedy waiting CIN OF PLYMOUTFF February 6, 1990 Dick Carlquist Director of Public Safety 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Dick: On behalf of Plymouth Park and Recreation and the Fire and Ice Festival Committee, I would like to thank the Plymouth Police for their sponsorship of the speed skating races and their assistance in traffic control for the 1990 Fire and Ice Festival. Attendance estimates ranged between 3,500 and 4,000 people, making this event even more successful than last year. The contributions of your department helped to make that possible. The participants in the speed skating races really enjoyed themselves. Greg Oly informed me that the length of the races needed to be cut because of the large number of youth participating. It is exciting to see that program growing as rapidly as it is. Greg Oly did an excellent job of organizing the preliminary training races as well as the event on February 3 again this year. We commend his effort in the organization of the Plymouth Speed Skating Club. Thank you again for your support. Sincerely, Mary Patterson Superintendent of Recreation MP/np 3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 559-2800 a V i CITY OF PLYMOUTR February 7, 1990 Ruth Ault 14870 18th Ave N Plymouth, MN 55447 Dear Mrs. Ault: Thank you for taking the time to let us know your feelings about the Fire and Ice Festival. So often we hear only the negative; it's a pleasure to have you take the time to write about the positive. Our whole department had a great time working on the event, and they are already planning for next year's program. If you have any suggestions for new activities that we could add, we'd be happy to hear from you. Again, thank you for writing. Have a wonderful summer, and we hope to see you at next year's Fire and Ice Festival. Sincerely, e"'I" d(5,6 ,wr- Eric Blank Director of Parks and Recreation EB/np cc: City Manager 3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447, TELEPHONE (612) 559-2800 <97 v .� l L January 31, 1990 4630 Forestview Ln. Plymouth, Mn. Chief of Police McLeod County Sheriff Hutchinson, Mn. Glencoe, Mn. Chief of Police Plymouth, Mn. Dear Sirs, Last night at 11:OOpm my wife and I were victims of a terroristic telephone call. The caller skillfully lead us to believe she was my sister who had been injured and abducted by a man who had killed her son and husband. I would like you to pass on our thanks to the dedicated officers who were very helpful, competent and understanding during this trying experience. Patsy at the dispatch desk at the Hutchinson Police Department received our first paniced call. She was able to calm us, get the facts of the call we had received and direct Mark Taylor, McLeod County Deputy, to my sister's farm from my shaky directions. Her calm and efficient manner in the face of the terrible story we laid on her is to be commended. Officer Taylor professionally gathered our story and was helpful in putting all of us at some ease with his take charge manner. Plymouth Police Officer Ti;ngikf_arrived at our house shortly after we placed a call t 1 on Officer Taylor's recommendation. Officeralsounderstanding and professional -in .explaining that. other _calls like :this had_,....-. been placed in the previous few hours. We were quite shaken by this incident, but yet impressed by the high quality service we received from your three departments. Please pass along my thanks to Patsy, Mark and Tim. I am grateful to these three for the way they approach their jobs and would like to make sure they receive the thanks they deserve. Sincerely, Jeffrey Tews February 1, 1990 Mr. Gene Rezac Graystar Corporation 6301 Central Avenue NE Fridley, MN 55432 SUBJECT: SOUTH SHORE APARTMENTS VALTPMCN 10890 SOL11H SHORE DRIVE PLYM7 M, MN PID #36-118-22-22-0006 Dear Mr. Rezac: This letter is in response to your camaents as of January 17, 1990 about the 17 unit apartment building you sold located on South Shore Drive in Plymouth. In March, 1984 your ca pany, South Shore Properties, paid $600,000 for the above described property. At that time the market value was $550,000 which was extremely fair in comparison to other projects similar to yours. The following is a history of the original and adjusted market values placed on your property for the following assessment years: 1986 $575,000 $525,000 1987 630,000 525,000 1988 685,000 555,000 1989 685,000 555,000 These changes in market value were determined through appropriate appraisal procedures and following the apartment market for your type ccuplex. I appreciate all the correspondence you have sent me including a copy of the purchase agreement with regard to your selling the -property. I understand the purchase price was $501,000. Through your help and several conversations, I realize that your contract for deed was in default and that the physical condition of the property needed to be upgraded. This upgrading has been started by the new owners. After several conversations with you, the subsequent assessment year valuations have been adjusted. The 1986 market value was lowered fr in $575,000 to $525,000 which remained the same for the 1987 assessment. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 Gene Rezac Southshore Apartments Page 2 After your court petition filing and a review of the property in its current condition, your 1988 estimated market value was reduced #8 $555,000, tt $685,000. In light of the above circumstances, your 1989 estimated market value was set at $600,000. Per our conversation on April 25, 1989, I agreed that if you placed the property on the market and it zgld for substantially less than our market value that I would adjust it. Under the law, I cannot adjust any market value based only on purchase agreements or speculation. My office has been officially notified that the building sold on August 24, 1989 for $501,000. Based on this finalized sale price I will be looking to adjust the 1990 estimated market value accordingly if it is deemed necessary. I have no problem adjusting the 1990 market value to reflect the current condition of the property or the circumstances surrounding it's sale. As you and I very well know, the market values or marketing conditions for apartment projects today are very soft. I do, however, have several documented market sales demonstrating that apartment complexes of ten units or greater are selling between 5.5 and 6.5 times their annual gross rent. This equates to a range of sale prices of between $33,500 to $50,000 per unit. (Your 1989 value of $600,000 equals $35,000 per unit.) Due to the outcome of your sale, I will be adjusting the property's 1990 market value. I hope this letter clears the air and serves to inform you that a revision in market value is always possible. It is the Assessor's responsibility to ensure that all properties of a similar class are valued properly and that they pay their fair share of property taxes.Equalization in property valuation is essential. I feel in the course of the last four assessment years that your valuation has been treated fairly and no different than anyone else. Regards LAOO" Scott L. Hovet, CAE Plymouth Assessor cc Mayor Kim Herdman James G. Willis, City Manager Dale E. Hahn, Finance Director Assessing Staff February 2, 1990 Gene Rezac Graystar Corp. 6301 Central Ave. N.E. Fridley, NN 55432 Dear Mr. Rezac: Thank you for your letter of Jan. 17th. I'm Plymouth's new mayor and it's been a bit hectic, I am sorry this reply has taken so long. I don't have a answer to your question as to why your property had an assessed value of $685,000, while due to market conditions you could only get $501,000. I an tell you that I lost $20,000 on the sale of my last house due to the same market conditions that you faced. I will forward your letter and my reply to council/ city staff, and we will share their feedback with you. Sincerely, Kim M. Bergman/ Mayor cc: council/staff GRAYSM CORPORATION January 17, 1990 Virgil Schneider Mayor City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Mr. Mayor: Please find enclosed a copy of the closing statement whereby we sold our 17 unit apartment building at 10890 Southshore Drive. As you can see, we sold this building for $501,000. Part of that should probably be allocated to the sale of personal property such as washers and dryers, stoves and refrigerators. So, we actually got less than $500,000 for the real estate. From that we had to pay $30,000 to the realtor. I wish to once again state that your city assessor does not seem to know anything about apartment buildings. One of the biggest problems I have as a manager and landlord of apart- ment buildings is to convince the assessors that the prop- ertry is worth less today than when we bought it a few years ago. Assessors continually tell me they can not lower my values because they do not have enough comparable sales. Perhaps this can be one of your comparable sales for future evaluations of other properties. Perhaps the next landlord will get a fair shake from Mr. Hovet. I feel he is partially responsible for us having to sell this property at such a ridiculously low price, but this shows you that the market- place is extremely bad. tr/GR Enclosure Very truly yours, Gene Rezac 6301 CENTRAL AVENUE NORTHEAST * FRIDLEY, MINNESOTA 55432 +t 612-574-9919 CC: Scott Hovet, City Assessor L. SETTLEMENT CHARGES _ WROKERSCOMMISSIONIut/tn►rki3 fd JU,000.UU . tl [Bm•n11iNe 14M ia7111 INti•t _ ___ , — - 30,000.00 y Griffin Real Estate.. _.Aess_conservation .fee ----(10-G - .�•�'M±±'��P"^.�!±'!!"""^'___ _- ---.less OiLerest- to fee -owner -Lo _ --- ------ na c 246 to voITEMS PAYABIE IN CONNECTION WITH IOAN f 4, DA" its- nllan0.%mi,nnare _ _ _ ti 371.2© — (98.35)_ fulDin atcoml less interest to.fee-owne�to -galApMLsHI« - 'day-taxes_10%15-1"._!0/25 .2.32jda_c-11_days-0_l0X)�—(25r57�- fry Irlee.f mtyttlgn get - ►K uNlplpr 4.IlA+n(e ana4caenn Ire N 99,86648 -- 3E 9,866_08 - 3E 201 we'eel hem 907 Yalfapt mfWaKt 1—m Ia in) HArg.e ms4lame Memnml 10 901 Int N IBIS tom RESERVES DEPOSITED WITH LEN 1001 Hata.e Mluti Kt 1002 Kalpape mtwBut to 011 IRI, MM WWI N M as "09 ane ►.GI'1. ►RID FROM ?AID fROM NORRONER'S SFILHR FUNDSUNDS AT SETTLEMENT AT SETTLEMINT _93— ' IOOI Country Mgpelry tire% map f 1A^ «I M I 1001 annWl afussrran1114a.K 1 Nei oN e f of are. , IOOr N p S Off me me e i i Ioa 1100 TITLE CHARGES: 1101 stmem m N cloy" gee IID2 AbSpatl M ^IN It A.(^ ti 1103 IAleerammalmn to 1101 tele mWOO 9mee. to tin 0K.WM MCN.alron is 1106 40,111 gees is Ilei Allolne/ t arts to to IMt4Akt 4110.911Mn1 No --- ti . tl ;•.j1C t' ' IMI IAn onswance to �— rmctuers a0o'c tltmt N0 1109 Leneel a te.N4pe -1110 o+nN t [4.940[ u, un - tilt nU ` van GOVERNMENT RECORDING AND TRANSFER CHARGES 1201 F" oN•ng gees Dire S 113.90229 f IM2 uq/cwnq u:lstamps ntta f 4ollpape i Releases f _80...0 1201 Sun U-191 s area s- _ ----_ ga S inti AOOITIONAL SETTLEMENT CHARGES 1101 Swnr u 1102 0119 Nspetl.an M I K1) 1101 Itm TOTAL SETTLEMENT CHARGE IC1110C on Imes 1 7 imon J an , eClton 1 an nn ._.....w.r•.rwn1•wMIM�r KtaMlagrtlNW/4IMK^M IIPIM.(Mlil, Hili^,'�:�Ka.ii C81N1Y4101SIIINmMI$I/NI./MMKWN^�••..ww.w„w..t._.-.--..___.___ IH.n•H{ Aaaa Irw rflKMrlro•rAat"MIDI Wo tnl.«rSuNme'n•^anlu.eN9nNe^na4,eawNluNe NtIW MI^elwMMel'•Nel9aoaf MOMwo91nr.4eeMluKOAti' 'ta'MntNlMwunWnrMYe'nrlMxM" 41111�MteM agtM flll lR i440'OIIUICMtilRtflgT[t11�T SInNflW ewtM/N IfgMlulaMrMafInNNAM•�1eW IIMnNNttrNKN.I•IWIg•%Ifay M IA.1911W'^eem to.. 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MOTE: This form is furnished to glue you a statement of actual settlement costs Amounts paid to and by the settlement agent are shown. Items marked for information purposes and are not included in the totals ('p o c'1 were paid outside the closing they are shown here 0. NAME OF BORROWER: Aaron M. Crohn & Mona L. Crohn 10205 27th Avenue North ADDRESS: _._P-lymouth,-MN-5544. E—NIMEorSEia Southshore Properties 6301 Central Avenue Ne SEI IINTIN:XGIPt ADDREss Fridley, -MU -55432- F. NAME OF ft A. ADDRESS. 6'P601 kT LOCIETIOk 10890 Southshore Drive. Plymouth, MN abstract b torrenS AGEN SETTLEMENT RTTIN: H SEIILLMENI AGENT. Title Company 41-1334640 A1111111. 1600 1600 Nest 82nd Street. _.. 8lOomingLon,-M1I-55431- ETTLEM N� : PLACE OF StTltEMENT: ADDRESS. Stewart Title Company October 25. 1989 "J. SUMMARY OF NORROWER'S TRANSACTION _=1 __— K. SUMMARY OF iEllEll'S TRANSACTIDN _ Iro at -is Breuxi sut it61 aiuotre •--_—� aro caesu=. wt. o Sittig Ql♦ySr&..yQ_ --rot C,MrNltaxt Nue D.1,OUD.DO WI Cwlratl Salty Nxe 102 PNsona10.4"It 101 Stllkmenl rharen to W. In" lariat Q0.00 401 404 104 im 405 Adjustments lot hems paid by seller in advance: Adjustments lot items paid for seller in advance: 106 Cavn,.nu.es J in N 4Q. 476 Cxvn,.nla,ts N 402 cauru, N_ty j 1 N 44. QQ- rot Ewrl, ion - 2/12• N rill _2L AM ytess.tnls N alit1D7 --- 410NIto al 117 u2 •2o GROSS AMOUNT DUE FROM BORROWER: 504 , 774.00 ago GROSS AMOUNT DUE TO SELLERS504.694.00 :coAMOUNTS PAID iY ON IN BEHALF OF BORROWER: soo REDUCTIONS IN AMOUNT DUE TO SEVER: 701 D10efxNtuneslwNxt Co 501 E.eetthNtA Wt Mtlluck6nel �O f1 W Selnemenl Curtis N seller Pre law 0,B(.03- 07 Prn.c.pal amnnnl of M. 1441411114414111t 7707 183 O 507 Etnunt Monist N/tn 1^110N ENsunt l,SMsl late" subject Nrem Rea N{--Rfii T�� 5e1 Pars" N kr& mortgage N,n SDS ►aye" N Bice" mNle+M man 706erl„;ustment 9-soMn sits3-Contract-payments lot >a 501 ff— Bol Adjustments lot items unpaid by seller: sol Adjustments for items unpaid by seller: 210 Cayrr..nN.tB N Ste Cdy/N.etax" M 211 Caunleu.is N $11 ca my um I t hallN D5.19. N 212 xNtltmtMt M —15- 512ktWk9AIJ S17 63..00- 213 N AASN alt S14 215 !IS 216 SII 217 Sit Sit 211 219 Stl :2o TOTAL PAID BY/FOR BORROWER: 445, 683.90 in TOTAL REDUCTION IN AMOUNT DUE SELLER -z 504,694.00 Ido CASH AT SETTLEMENT FROM/To BORROWER: am CASH AT SETTLEMENT TO/FROM SELLER: 701 Gross amount due Isom borrower (line 120) wt. Gross amount due to seller (fine 420) 702 Less amounts paid byllor borrower (line 220) sin less total reductions in amount due seller (line 520) 702 CASH 1k1 FROM) IO 701 BORROWER: 59,090. 10 -. 667 CASH 10 T0110 fRDM1SELLER: -0- SUISTIIuTEFORM 1D9sSEItEasTilEMENT-ThemformalionconrernedInblocks E.G.Hslid Iand ontine401101.11fins solIsaslensxeo,xnrs.ria.n�..,,r.,...,w••-••••--•---------------I furnished to 10 the Internal Revenue Service II you are required to file a return. a negligence penally or 011ier sanction will be imposed on you d this dem Is tequirtd to be «parted and Ise IRC detellnmes mal it has not been reported III ill INSI AUCI IDN U this rest estate was your principal le&denee. file form 2116 Sale at Exchange of Principal Residence. lot any gain. with Your Income lax r1lwn. fol Other transactions eonrpnete Inc spplrcabje pails of loan 4797. Form 1252 and/Ol Schedule D iForal 10401 with your eollec.InpaYtt Identification numberwith You a« required by law to plovlde N you do not proved! with your correct taxpayer iden1ilICSI n number. you may be tubtecl to civil Of utmmal peMltees Under penatlOF P.7lur I certify Ihal Ih p]luummberl 1 0 on this Sl::emerel is'my eorfecl tatpayer Identification number. HENNEPIN COUNTY 1989 VALUATION NOTICE CITY ASSESSOR 3400 PLYMOUTH BLVD PLYMOUTH MN 55447 SOUTHSHORE PROPERTIES 6301CENTRAL301CNLAVE N E MPLS MN 55432 1989 ESTIMATED MARKET VALUE 685,000 PROPERTY ID 36-118-22 22 0006 PLYMOUTH 1989 CLASSIFICATION APARTMENT NONHOMESTEAD IF YOU HAVE GOOD REASON TO BELIEVE THAT EITHER YOUR VALUE OR CLASSIFICATION IS INCORRECT, YOU MAY CALL 559-2800 WITHIN THE NEXT 5 BUSINESS DAYS. IF NECESSARY, AN APPOINTMENT CAN THEN BE MADE FOR YOU TO DISCUSS YOUR INFORMA- TION WITH AN APPRAISER/ASSESSOR. THE LOCAL BOARD OF REVIEW IS SCHEDULED FOR MAY 8, 7 30 PM AT PLYMOUTH CITY CENTER. THE HENNEPIN COUNTY BOARD OF EQUALIZATION WILL MEET FOR TWO WEEKS FEGINNING JUNE 19, 1989. YOU MUST HAVE APPEARED AT THE LOCAL BOARD OF REVIEW TO BE ELIGIBLE TO APPEAR BEFORE THE COUNTY BOARD OF EQUALIZATION. FOR AN APPOINTMENT TO APPEAR AT THE COUNTY BOARD YOU MAY CALL 348-5076 BY JUNE 12, 1989. STATE TAX COURT. STATE LAW ALSO PROVIDES THAT A PROPERTY OWNER CAN APPEAL TO THE TAX COURT OR DISTRICT COURT FOR A REVIEW OF HIS OR HER ASSESSMENT. FOR INFORMATION ON THE TAX COURT CONTACT THE TAX COURT OFFICE 520 LAFAYETTE ROAD, 2ND FLOOR, ST PAUL, MN, 55155. TELEPHONE 246-2806. s