Loading...
HomeMy WebLinkAboutCouncil Information Memorandum 03-01-1990CITY OF PLYMOUTH+ CITY COUNCIL INFORMATIONAL MEMORANDUM March 1, 1990 RECYCLING CASH DRAWING March 1: NO WINNER NEXT WEEK: $600 UPCOMING MEETINGS AND EVENTS..... 1. COMMUNITY CENTER TOURS -- Saturday, March 3, 9 a.m. At the request of Mayor Bergman, ric Blank has scheduled a tour for interested Councilmembers to visit four community centers in the metropolitan area. The group is meeting at the Plymouth City Center and will depart promptly at 9 a.m. The tour is expected to last until about 1:30 p.m. The facilities to be visited are as follows: Apple Valley Edinborough Park - Edina Eden Prairie Community Center Brooklyn Park Community Center 2. COUNCIL STUDY SESSION -- Monday, March 5, 4:30 p.m., Council con erence room. Study meeting with Lloyd Bergquist, BWBR Architects, regarding the proposed Plymouth community center. This meeting will provide an opportunity for the Council to review with Lloyd the status of the community center when it was placed on "hold," as well as raise any questions with respect to the planning concepts which have been involved with the project. 3. REGULAR COUNCIL MEETING -- Monday, March 5, 7:00 p.m. Regular City Council meeting in ,ty Council chambers. 4. COUNCIL STUDY MEETING -- Tuesday, March 6, 9:00 A.M., The City Council will meet with the City Attorney in the City Council conference room. 5. PARK & RECREATION ADVISORY ,COMMISSION -- Thursday, March 8, 7:30 p.m. a —Parkan ecreation visory Commission will meet in the City Council chambers. Agenda attached. (M-5) 6. MEETING CALENDARS -- Meeting calendars for March and April are attached. - 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 CITY COUNCIL INFORMATION MEMORANDUM March 1, 1990 Page 2 7. MEETING REMINDERS: (1) Metro Council - State of the Region -- Wednesday, March 7, p.m. - 7 p.m., ya t egency inneapoliS. The annual "State of the Region" meeting. Notice attached. (2) Metropolitan Waste Control Commission Breakfast Meetings -- Monday, Marcha.m., Sheraton ,- oklyn ar otice attached. (3) League of Minnesota Cities - 1990 Legislative Conference -- Wednesday, arch --14, Raclisson Hotel, St. Paul.o ice a ac ed. (4) Twin West Annual "State of the City" Coffee Break Meeting -- Tuesday, March- 9 a.m., Plymouth City enter, The City will host a meeting of local business people to review current development trends in the community. 8. PUBLIC MEETING NOTICE - published in t e tar information. (M-8) FOR YOUR INFORMATION..... - A copy of Plymouth public meetings Tribune is attached for the Council's 1. WETLAND ISSUES -- Councilmember Helliwell has requested that I share wit t e ounci1 the attached information dealing with the preservation of wetlands. The first item is an editorial which appeared in Monday's Star Tribune; the second, a copy of an ordinance recently adopted by the City of Blaine; and third, a copy of wetland ordinance from Mound. I am also including, at her request, a copy of the City's Mission Statement which, as you know, speaks to our desire to ensure that "residential developments are to harmoniously integrate with the natural environmental qualities of the community to provide for an impression of rural living in an urban city." (I-1) 2. DEVELOPMENT SIGNAGE -- On Friday, March 2, development signs will be placed at the o owing locations: a. Northeast of Brockton Lane and County Road 24 (19010 County Road 24) -- Lundgren Bros. Construction is proposing a Planned Unit envelopment Concept Plan, Preliminary Plan, Preliminary Plat, Rezoning, and Conditional Use Permit. The PUD Concept Plan, Preliminary Plan, and Preliminary Plat is for the development of 113 single family detached lots and numerous outlots around many of the wetland areas on this 68.5 acre site. The rezoning is from FRD (Future Restricted Development) to R -1A (Low Density Single Family Residential). The Conditional Use Permit is for the Planned Unit Development. (90009) CITY COUNCIL INFORMATION MEMORANDUM March 1, 1990 Page 3 b. 10100 County Road 9 (Holiday Station Stores). Jerry Jenson for Holiday Station Stores, Inc. is requesting approval of a Conditional Use Permit amendment in order to expand the hours of operation for the Holiday Station Store from 7 a.m. to 11 p.m., 7 days a week to a 24 hour operation. (90013) Both requests will be heard by the Planning Commission at their Wednesday, March 14 meeting. 3. COUNCILMEMBERS' PHONE NUMBERS FOR TOWN MEETINGS -- The information listed below will be prepared as an overhead for our next Town Meeting indicating councilmember preferred daytime phone numbers as well as their City Center message center phone number. I would appreciate your verifying the accuracy of your number. If you find an error, please let me know. HAVE A QUESTION? IF YOU HAVE A QUESTION PLEASE GIVE US A CALL AT THE CITY CENTER 550-5000 MORE My OR OR= rESUM COM MAYOR BERGMAN 557-7030 550-5065 COUNCILMEMBER HELLIWELL 557-1530 550-5066 COUNCILMEMBER RICKER 473-6416 550-5067 COUNCILMEMBER VASILIOU 473-2316 550-5068 COUNCILMEMBER ZITUR 559-3728 550-5069 Hl1I %PUUn61L 1NrUKM 11UN MEMORANDUM March 1, 1990 Page 4 4. PLYMOUTH METROLINK - JANUARY REPORT -- Shown below is a table for , January 1990 disp aying our average daily ridership for the commuter/reverse commuter service for each week. Also is a table on the year to date average compared with the target to be achieved. The "Total System" column includes transfer passengers. To compare with previous years, the column "Without Transfers" should be used. Actual ridership is reflected under the "With Transfers" column. MONTHLY PLYMOUTH METROLINK DAILY RIDERSHIP AVERAGES BY WEEK BY SERVICE TYPE JANUARY 1990 551 SERVICE TYPE _ 2,4% Reverse Commuter Commuter Transfers TOTAL SYSTEM WEEK OF: 1/2 - 1/5 399 43 105 563 1/8 - 1/12 369 43 117 528 1/15 - 1/195 379 52 112 543 1/22 - 1/262 381 38 107 526 1/29 - 1/31 397 46 87 529 - MONTH LONG ----------- ---------- --------- ----------------- AVERAGE 385 44 106 538 YEAR TO DATE - JANUARY YEAR TO DATE RIDERSHIP AVERAGE 538 TARGET 551 % OVER/(UNDER) TARGET _ 2,4% The 1990 target for Plymouth Metrolink was calculated at 5 percent over the 1989 year-end "commuter/reverse commuter with transfers" average of 525 passengers per day for a 1990 target of 551 passengers per day. CITY COUNCIL INFORMATION MEMORANDUM March 1, 1990 Page 5 5. SAFE SUPERVISOR'S BREAKFAST -- On Thursday, March 1, the City sponsored a Safe upervisor s breakfast at Scanticon to recognize the contributions which Plymouth supervisors have made in the development of the Plymouth Safety Program. As part of the breakfast, supervisors were thanked for their efforts in developing an excellent safety program, advised that Bob Pemberton, Risk Management Coordinator, will now assume the role of Safety Coordinator, and asked to continue to aggressively support the Program. Each supervisor attending was provided with the enclosed mug as a token of appreciation and momento of the event. 6. MEDICINE LAKE LINES APPEAL TO UTMA REGARDING MARGINAL COST PROPOSALS -- Attached is a copy of the appeal made by Medicine Lake Ines to the Urban Mass Transportation Administration regarding the Southwest Metropolitan Commission award of contract to the MTC based upon their marginal cost proposal. UTMA has requested a response from the' MTC regarding the appeal by March 14, 1990. Thereafter it is expected that an UTMA decision would be rendered by May of this year. One of the Council's reasons for rejecting all bids and extending the MLL contract for one year was because of the uncertainty surrounding this issue. (I-6) DAILY RIDERSHIP AVERAGES BY MONTH FOR CALENDAR YEARS 1984 - 1990 Commuter/ Commuter/ Reverse Commuter Reverse Commuter (Without Transfers) (With Transfers). MONTH: 1984 1985 1986 1987 1988 1989 1989 1990 January 330 307 351 429 433 496 --- 538 February 310 292 350 394 426 461 --- March 307 311 338 397 418 467 --- April 301 295 354 365 408 405 --- May 295 298 332 350 392 388 564 June 276 314 349 358 409 362 525 July 277 297 328 345 361 356 515 August 266 292 328 345 377 376 534 September 275 322 354 348 396 383 495 October 276 312 384 365 430 441 541 November 271 311 396 398 437 433 537 December 265 320 412 391 409 398 490 ---------- YEAR LONG ------------------------------------ ------------------ AVERAGE 287 306 356 374 408 414 525 538 5. SAFE SUPERVISOR'S BREAKFAST -- On Thursday, March 1, the City sponsored a Safe upervisor s breakfast at Scanticon to recognize the contributions which Plymouth supervisors have made in the development of the Plymouth Safety Program. As part of the breakfast, supervisors were thanked for their efforts in developing an excellent safety program, advised that Bob Pemberton, Risk Management Coordinator, will now assume the role of Safety Coordinator, and asked to continue to aggressively support the Program. Each supervisor attending was provided with the enclosed mug as a token of appreciation and momento of the event. 6. MEDICINE LAKE LINES APPEAL TO UTMA REGARDING MARGINAL COST PROPOSALS -- Attached is a copy of the appeal made by Medicine Lake Ines to the Urban Mass Transportation Administration regarding the Southwest Metropolitan Commission award of contract to the MTC based upon their marginal cost proposal. UTMA has requested a response from the' MTC regarding the appeal by March 14, 1990. Thereafter it is expected that an UTMA decision would be rendered by May of this year. One of the Council's reasons for rejecting all bids and extending the MLL contract for one year was because of the uncertainty surrounding this issue. (I-6) UAIT 6VUR61L INrUKRA11UN MEMORANDUM March 1, 1990 Page 6 7. PLYMOUTH DOG ORDINANCE -- Attached are materials provided by Sally and Bernie strom of Chelsea Woods. Because of a complaint directed against their dog, the Edstroms have become involved in meeting with other dog owners in the Chelsea Woods area. Attached are minutes from a Chelsea Woods dog owner meeting which took place on Thursday, January 11, 1990. Also attached is a model dog ordinance from the Minnesota Pure Breed Dog Breeder's Association. The Edstrom's suggest that the City Council consider adopting portions of the model ordinance in lieu of our existing code. Specifically, they suggest that the current definition of "restraint" be revised to allow a dog to be controlled by leash or by a competent person and immediately obedient to that person's command anywhere in the City. Under the existing code, a dog must be controlled by a fence, a leash, or under the owner's command, within the confines of the owner's property, or by a leash or within a vehicle. The strom s wou like to see the code allow dogs to be under the owner's voice command on all types of property. The problem this presents is one of enforcement for the Public Safety Department. The second revision suggested by the Edstrom's is that the nuisance dog provisions be revised so that it would take four people to file a complaint that a dog is causing excessive noise or disturbance in an area rather than two persons as in the existing code. The Edstrom's believe that this provision would reduce the number of complaints, eliminate the complaints by persons who have no evidence or just don't like dogs, or even those who don't live in the same area. The City Council should provide direction to the staff on whether or not it wishes to further consider these proposals. I will communicate the Council's desires to the Edstroms. (I-7) 8. PROPOSED NEW POST OFFICE -- Attached is a letter informing the City that the postal service is proposing to develop a second post office in Plymouth. This post office would serve that portion of the City east of I-494. The site the Postal Service is considering as identified on the attached map. (I-8) 9. FIRE DEPARTMENT VIDEO -- A new 10 minute program on the Plymouth Fire Department was recently produced by city video producers. The program, "On the Line: Plymouth Firefighters," provides an overview of the department's activities. In addition, it also includes interviews with several firefighters on what it takes to be a firefighter as well as why people choose to work as volunteer firefighters. "On the Line" will be shown on channel 37 on: Tues., March 6 at 7:30 p.m.; Tuesday, March 13 at 7:30 p.m.; and Thursday, March 22 at 5:30 p.m. CITY COUNCIL INFORMATION MEMORANDUM March 1, 1990 Page 7 10. STREET RECONSTRUCTION VIDEO -- A videotape outlining the street reconstruction process was recently completed. The program explains what residents can expect when the streets are reconstructed in their neighborhood. The tape will be shown at neighborhood meetings on street reconstruction and on cable television channel 37. It is also available for checkout to homeowner associations. 11. METRO LAKE WATER QUALITY -- Attached is an article from the February 23 issue of the tar ribune on a Metropolitan Council proposal to the legislature which would grant the Metropolitan Council authority to protect lake areas. Used as an example in the article of potential lake water quality concern because of future developments are Pike and Eagle lakes in Plymouth and Maple Grove. (I-11) 12. BASS LAKE BOTTLE SHOP -- In accordance with the conditions set by the Council, the City -Clerk has received the attached identification carding program and check for $500 from Bass Lake Bottle Shop. The check has been placed in the City's drug education account for use in the D.A.R.E. Program as directed by the Council. (I-12) 13. CAT CONTROL -- Occasionally the Council is confronted with the issue as to w et er or not we should seek to try and control cats. Along that line I thought you would be somewhat amused by an editorial which appeared in the Honolulu Advertiser a couple weeks ago. I believe the manner in which former Illionis Governor Adlai Stevenson dealt with it was perhaps the best approach. (I-13) 14. MINUTES: a. Plymouth Safety Committee, February 21, 1990 (I -14a) b. Outside Storage Task Force, Summary Notes, February 14, 1990 (I -14b) 15. DEPARTMENT REPORTS -- Monthly activity reports for the Policy and ire Divisions are attached. (I-15) 16. CITY ATTORNEY MONTHLY BILLING -- The City Attorney's monthly client summary for January is attached. (I-16) 17. TOWN MEETING FOLLOW UP -- The Police Department has followed up on two resident inquiries from the January 29 Town Meeting involving parking concerns at the Parkside Apartments and speeding traffic along Xenium Lane from 37th to Scanticon. Reports from the Sergeant Larry Holzerland on both inquiries are attached. (I-17) 18. WASTE TRANSFER STATION -- A status report on Hennepin County's application fora aste ransfer Station is attached. (I-18) CITY COUNCIL INFORMATION MEMORANDUM March 1, 1990 Page 8 19. RICHARD WHITING AMATEUR RADIO ANTENNA -- Councilmembers have received correspondence romo n e lows, Jr., an attorney representing Mr. Whiting concerning this matter. Mr. Whiting and his neighborhoods are scheduled to further mediate this matter Monday, March 5. We hope that this process will result in a resolution of the neighbor's concerns in order that we can place this matter back on the City Council agenda for action March 19. 20. PLYMOUTH DIAL -A -RIDE -- Attached is a memorandum which will be istribute to is -A-Ride passengers during the first week of March. The memorandum describes service enhancements which are planned to be implemented on April 1, 1990. At the same time, the memorandum solicits input from riders with respect to proposals to: 1) discontinue Sunday service since ridership does not justify its continuance; 2) raise fares from $1.00 and $1.50 to $1.50 and $2.00; and 2) discontinue service in in -town Maple Grove and New Hope K -Mart. Riders are offered the opportunity to supply their written response to these proposals and/or to attend the March 28, 1990 Plymouth Advisory Committee on Transit meeting at which this issue will be addressed. While the addition of a vehicle will add approximately $31,400 to the subsidy required to operate the Dial -A -Ride system for 1990, I expect the elimination of Sunday service estimated to reduce subsidy costs by $8,500 annually, coupled with the fare increase, will reduce the increase necessary to operate the service. We have received notification that Morley Bus Company has been sold to National School Bus Service. We are investigating to see how this sale affects our existing contract with Morley, if at all. Morley will operate as a subsidiary of National School Bus. (I-20) 21. BZ CORRESPONDENCE -- The following correspondence on City departments or emp oyees has been received: a. Letter of appreciation to Scott Hovet, Assessor, and Mike Carroll, Appraiser, for their presentation at a Plymouth Creek Homeowners' Association meeting. (I -21a) 22. CORRESPONDENCE: a. Letter to U.S. West Direct from Frank Boyles concerning recyclability of telephone directories. (I -22a) b. Letter from Ellis Olson, resident, to Dick Carlquist, on a false alarm permit fee. Dick Carlquist's response to Mr. Olson is also attached. (I -22b) c. Letter from Patti Richardson, resident, to Helen LaFave, commenting on the change of Plymouth on Parade to a bimonthly newsletter. A response from Helen is also attached. (I -22c) CITY COUNCIL INFORMATION MEMORANDUM March 1, 1990 Page 9 d. Letter to Dave Schwain, Medicine Lake Sailing Club, from Eric Blank, on the issuance of a permit by the Hennepin County Sheriff for the Club to hold sailing races during the summer of 1990. (I -22d) e. Memorandum from Marvin Nelson, Police Officer, to Dick Carlquist, on the deer problem in Plymouth. (I -22e) f. Letter from David Davenport to Mayor and Councilmembers concerning the Boisclair Corporation's senior housing proposal. (I -22f) g. Letter to Mrs. Mark DeVinny from Eric Blank in response to request for new new equipment at Gleanloch Park. (I -22g) h. Letter to Mr. Brian Cederlind from Dick Pouliot on the City recycling program cash drawing. (I -22h) i. Letters of appreciation to Plymouth State representatives who attended the February 26 Council study session. (I -22i) j. Letter from Mary Negri, District 281 Coordinator, Adult Academic Program, on a March 6 meeting with human service providers to discuss the District's proposal for a federal "Even Start" program. (I -22j) k. Letter from Peter Rysdal, 3051 East Medicine Lake Blvd., to Mayor Bergman, requesting information on the trail system as it would affect his property. (I -22k) 1. Letter from Tom Stenoien to Mayor Bergman, providing information regarding Schmidt Lake Road. (I-221) m. Letter to a Plymouth couple from Dick Carlquist, regarding the parental response to the handling of a damage to property complaint. (I -22m) n. Memorandum from Fred Moore concerning his discussions with Mr. Bill Kiversky, 5095 Ives Lane regarding Schmidt Lake Road. (I -22n) James G. Willis City Manager JGW:jm attachments Regular Meeting of the Park and Recreation Advisory Commission - March 8, 1990, 7:30 p.m. AGENDA 1. Call to Order - introduction of new commissioner Marlene Waage 2. Approval of Minutes 3. Visitor Presentations a. Athletic Associations b. Staff c. Others 4. Report on Past Council Action a. 1990 park projects - approved b. 1990 fee schedules/rental policies - approved 5. Unfinished Business a. Swan Lake neighborhood park timetable b. Playfields - Bass Lake/Parkers Lake C. Trails - West Medicine/46th Ave d. Comprehensive plan - update (Planning Commission hearing date) e. 6. New Business a. New plats b. Annual park tour (date?) C. d. 7. Commission Presentation 8. Staff Communication 9. Adjournment Next regular PRAC meeting April 12, 1990 cnona i •- •- N S N Cf 0 M z - N _cc a N a'a n .-e- N N 3 coo W O N N LL ztef N m co o 0 N v w Lo w N - LO n r N N D N N LL U) N w W ^ N O U a V M n c wo r N J 3 D = " O Q - - N N Q O N M U N N N cnona i •- •- N S N Cf 0 M z - N _cc a N a'a n .-e- N N 3 coo W O N N LL ztef N m co o 0 N v w Lo w N - LO D y Y Q 0 U a c N D Q U M N M Q cr LL N N M p � U)cc W _z F— W W D g a ua ~ <M LO N 00 00 V- Q moan LO C CD N O WgcDm O Z C9 M W 3 �QC'3 cf• 00 ¢C.3 o�� N N Cl- X: CD N Z F�1 Z QC!) H O O Z O m z ~ LL LLIU) U ?. O F- 0 co ce O O CflDo r (=> r- N N _j ~ Cl.im �- U� Ui CD Q I—M OUO O V) M�O Z O .. p -Jp �v GCs N a) �c=�C� C0 Co W Ln U� �� r- V- o�c� N Q 0 Z LO �- V- r0 N Q� O N to t0 � y N oaC)0- LL aD N fA LO L.) C) a, } O Z ^zM a cm N N O Ncn M W LL X: O T-- O J F— MM W z LO Z N W m LL- dM: N N M Q W 0-m � Q r- w �O' N N f� M N N O ^ r e F. • !N N � G 2 tD M O t` LL c y •' N N } o m Q � CM 0 LL N ,. J � (0 e— N N } CD Q z CD z w � GSC LU O D M a Li d ~a 0 ` ^ Q cfl O W^ 0) _ � N 1.. M O r� N M lO d' O Q^ M N � oaC)0- fA LO L.) C) a, W O Z ^zM a cm � W LL X: T-- O J F— MM W z LO Z oc LL- dM: N • W 0-m M N z a a N � LL X: LU O • W � D F. w O O m CM N ,. J � J � ` Q O W^ M� O 1.. M O r� N M lO d' O Q^ � C" ^ C J J C LL N t7s N M C V3 C4 3 W Q' C.'3 C7 LO N O H N Na) z W ^ i N N j y W LU to r N N Q it Z N 0 ^ D y a�o�oN e-00 L N M N THE METROPOLITAN COUNCIL INVITES YOU TO ITS STATE OF THE REGION 1990 HOUSING... REBUILDING OUR VISION FOR THE '90s March 7, 1990 Hyatt Regency Minneapolis • 1300 Nicollet Mall, Minneapolis ^00- 0. 4 0 0 W i The 1990s promise major change for the in the Twin Cities Area. Slowed population growth, the aging of the population and our housing stock all signal the coming change. What will happen in a weakened market for rental units and starter homes? How can we best meet the growing housing needs of low-income people? Will we be able to preserve aging neighborhoods? It's time to challenge our assumptions about housing and develop a new vision for the 1990s. Please inquire about continuing education credits for real estate agents and appraisers. Parking is available at: Loring Ramp (entrance on 13th St./Nicollet Av.) Convention Center Plaza underground Ramp (entrances on 12th St. and 2nd Av.) Orchestra Hall Ramp (entrances on lith St. and Marquette Av.) REGISTRATION FORM To register, please send this form and a check for $40 payable to "State of the Region" by Feb. 28 to: Bernadine Scott, Metropolitan Council Mears Park Centre. 230 East Fifth St. St. Paul, MN 55101 Phone: 291-6500 I plan to attend the State of the Region on March 7, 1990. Name Organization . Street Address City/State/Zip. Phone PROGRAM 12:30 REGISTRATION 1:30 WELCOME: Steve Keefe. Chair Metropolitan Council 1:45 KEYNOTE ADDRESS: A NEW NATIONAL HOUSING AGENDA Jack Kemp. U.S. Secretary of Housing and Urban Development 2:45 STATE OF THE REGION ADDRESS: A NEW FOUNDATION FOR REGIONAL HOUSING POLICY Steve Keefe 3:30 BREAK 3:45 GENERAL SESSION: ASSESSING A NEW HOUSING STRATEGY• CAN IT WORK? Moderator. Barbara Lukermann, Research Associate. Humphrey Institute of Public Affairs Panel Members: Lyn Burton, President, Development Connections Representative Richard Jefferson. Minnesota House of Representatives. District 57B Peggy Lucas. Vice President. Brighton Development Corp. Neil Peterson, Mayor. City of Bloomington Jim Solem. Commissioner. Minnesota Housing Finance Agency 5:15 SOCIAL HOUR 6:00 DINNER 6:30 AWARDS PRESENTATION 7:00 CLOSING SESSION Speech by Regional Citizen of the Year Mary Anderson. Mayor The registration fee covers the cost of the program, dinner and the State of I City of Golden Valley the Region report. The fee is nonrefundable. Advance registration is required. Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street. St. Paul. IvPinneso-191 February 16, 1990 To Municipal Users of the Metropolitan Commission's System: �.+ O 1 Waste CY3 tOrol The Metropolitan Waste Control Commission (MWCC) as scheduled pre -budget breakfast meetings for elected officials and staff of municipalities who are users of the MWCC system. This meeting is to seek input from you prior to establishing the MWCC's 1991 Draft Budget.. Three March meetings have been scheduled in various locations around the metro area. We hope that you will be able to attend one of the scheduled meetings. Meeting dates and locations are: March 9 - 7:30-9:00 a.m. - March 12 - 7:30-9:00 a.m. - Ramada Inn I-94 and White Bear Ave. St. Paul (reservations due by March 6 ) Sheraton Northwest I-94 and Co. Rd. 81 (exit #31) Brooklyn Park (reservations due March 9 ) March 16 - 7:30-9:00 a.m. - Radisson South 7800 Normandale Blvd. Hwy 100 near Hwy 494 Bloomington (reservations due by March 13) In mid-to-late May the MWCC will schedule budget breakfast meetings to present the 1991 MWCC Draft Budget. Comments from both the March and May meetings will be taken into consideration in drafting the the 1991 MWCC Operating and Capital Budget. This 'budget is presently scheduled for a public hearing at the MWCC Board Meeting on June 19, 1990. The operating and capital budgets for 1991 are scheduled to appear for approval on the July 17, 1990 meeting agenda of the MWCC Board of Commissioners. To place your reservation for a pre -budget breakfast meeting, call harry Struck at 229-2100. Equal Opportunity/Affirmative Action Employer }A--1-3 League of Minnesota Cities 1990 1 1 -- 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. Chair, Senate Committee on Taxes Representative Paul Anders Ogren, Chair, House Committee on Taxes 10:45.11:00 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 BergUn* Nina Rothchild, Commissioner. Department of Employee Relations* Consolidated Election Day Representative Linda Scheid* 2:15-2:30 pm. 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 pm. City Day on the Hill City officials should contact their legislatots 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. 11 *invited to speak 1rst seven days of the ban as part of a • new city policy aimed at Jsaid the programming is designed to' overcome American students' lack of ' interest in politics, geography ana current events.— to make them "cul- turally literate." . 'Notices of public community and govern- mental meetings of widespread interest should be sent to City Desk, Stu Trib- une, 425 Portland Av. S., Minneapolis, Minn. 55488, by noon Thursdays. Today, Feb. 26 Minneapolis City Council — Board of Estimate and Taxation, 3:45 p.m., Room 327M, City Hall. Public Housing Authority — 5 p.m., 217 S. 3rd St., Minneapolis. Minneapolis Board of Education — Fu- tures Committee, 6 p.m., Assembly Room,' Educational Service Center, 807 NE Broadway, Minneapolis Plymouth City Council — Senior citizen housing, 4:30 p.m., Council Confer- ence Room, Plymouth City Center, 3400 Plymouth Blvd., Plymouth. Plymouth Forum, • 6:30 p.m., Council Conference .Room, Plymouth City Center_ City Council "meeting, 7 p.m., Council Chambers, Plymouth City Center• Metropolitan Council — Airport Search Area Task Force Discussion Group,7h3 p.m.,' Room 2A, Mears Park Centre, 230 E. 5th SL, St. Paul. 'Metropolitan Parks and. Open Space .Commission, 4 p.m., Chambers, ' Mears Park Centre. Minnesota Pollution Control Agency — Hazardous and Special Wastes Com- mittee, 9 a.m., Board Room, 520 N. Lafayette Rd., St. Paul. Ground Water and Solid Waste Commit- tee, 9:30 a.m., Board Room, 520 N. Lafayette Rd., St. Paul- Environmental Policy and Procedures Committee, 1 p.m., Board Room, 520 N. Lafayette Rd., St. Paul. Water Quality Committee, 2 p.m., Board Room, 520 N. Lafayette Rd., St. Paul. Air Quality Committee, 3 p.m., Board 'Room, 520 N. Lafayette Rd., St. Paul. Air Quality/Ground Water and Solid Waste Committee, 3:30 p.m., Board Room, 520 N. Lafayette Rd ; St. Paul. Tuesday Minneapolis City Connc� = No com- mittee meetings. Minneapolis Board of Education - 4' p.m., Assembly Room, Educational Service Center, 807. NE. Broadway, Minneapolis. Hennepin County Board — 10 a.m.; Board Room, Hennepin County Gov- ernment Center, 300 S. 6th St., Minne- apolis. Regional Railroad Authority, following County Board meeting,'Board Room, Hennepin County Government Cen- ter. ilennepin County. -Joint committee on Community Corrections, 8 a.m., Gov- ernment Center Conference Room C- 14. 14. ,Metro Metropolitan Metropolitan • Council= l po Waste Management Advisory Com- mittee, 2 p.m, Chambers, Mears Park Centre, 230 E. 5th St.; St. Paul - Metropolitan Waste Control Commission— p.m, R000mc A 1A, Mnea s 3 Park Centre. Minnesota Pollution Control Agency — Board meeting, 9 am, Board Room, 520 N. Lafayette Rd-, St. Paul. Special board meeting, 230 p.m.,' Board Room, 520 N. Lafayette Rd., St. Paul - "What we find is that the isolation of . students and what they don't know is ' much more threatening than the two minutes of commercials:'s�Winter said. "The gain fochoolswill than be worth it. It's. a solution, not a problem." The Winona school board voted in December to accept the Program- ming, but unanimously reversed course Tuesday in response to a pub- lic outcry. - youthtut, tast-pace flair. Its 11 sponse $150,000 for one ( ad spots in each, 12 include Nike and C 1991). Some other big -r such as Procter & Motor Co., which who sponsored d last year, haven't d 'to sign up for the ing-gum magnate Jr. and Co. and backed out altoget "It's classy. Believe me, it's good," The Partnership said Fred Orr, parent of a Winona America, a none middle school student who would 'that seeks free me have watched Channel One in her antidrug message, classroom. "But there's never been a;: access Channel O. corporation that has stepped across audience it most :the bounds the school has set, up and '• teens who haven drugs, according forced a • student to watch commer- „ of that group. Minneapolis Council - Executive •e required exposure of teenagers to Winter anticipate Committee, canceled. "suggestive, seductive' advertising will be seen in Plymouth Planning Commission — 7:30 ..can be very devastating,” he added- million,teenagers p.m, Council Cumbers, Plymouth City Center, 3400 Plymouth Blvd., . L,. Plymouth. Metropolitan Council - Airport' h gteger group is within Area Task Force Discussion Group, 8:30 a m.,' Room 2A, Mears Park Centre, 230 E. 5th St., St. PauL f finishing Antarctica Thursday Minneapolis City Council — Adjourned council meeting, 9:30 a -m., Room 317, City Hall. Hennepin County Board — Board com- mittees, to am, Board Room, Henne- pin County Goverment Center, 300 S. 6th St., Minneapolis. . • ' Hennepin County Housing and Redevel- opment Authority, following county board meetings, which begin at 10 am. Suburban Hennepin Regional Park Dis- trict — Board of Commissioners, 5 p.m., Board Room, 12615 County Rd. 9, Plymouth. Metropolitan Council — Metropolitan and Community Development Com- mittee, 2 p.m.,Chambers, Mears Park Centre, 230 E. 5th St., St. Paul., Minority Issues Advisory Committee, • 4 p.m., Chambers, Mears Park Centre. Friday ` Minneapolis City Council — DFL Cau- cus Study Group, canceled - Hennepin County Board — Corrections Advisory Board, t p.m., Government Center Conference Room C-23. World population can be stabilized9 report says out over the century, and you would New York Times not slow population growth," Potts W2shington, D.C. said In a country -by -country report made A.- ,,.._..,.,.:..., rrkic He said the report is important "be - Associated Press Polar explorer Will Steger is less than one week and a little more than 100 miles from doing what he said he would do: crossing Antarctica's 3,600 miles by ski and dog sled trail. Besides Steger a dition's mer Boyarsky from Geoff Somers Keizo Funatsu Dahe from Chi: "We're on the home stretch," Steger,. 45, of Ely, said Friday on the trail in a brief interview published in Sun- day's St. Paul Pioneer Press Dis- patch. "Unless we fall into a cre- vasse, we should be OK." Welcoming banners• have been read- ied for Saturday, and snow has been plowed flat at the finish line at Mir- nyy, the Soviet science station over- looking the icebergs and penguin col- onies of the Indian Ocean. Scientists will converge in the station's kitchen this week to make miniature Russian dumplings as a treat for members of the expedition, which has its head- quarters to St. Paul. U.S. scientists celebrated with Stegees group when it reached the South Pole on Dec. 11, the first dog sled trek to the bottom of the world since Roald Amundsen arrived there- on Dec. 14, 1911. Steger made histo- ry four years ago when he led a' similar journey to the North Pole. The men were in high spirits and excellent health Friday. "We are very strong. It is 80 percent i.---- ...,:a tri nrh nhvsician Jean - Star Tribune Established 1867 Roger'Parkinson Publisher and President Joel R. Kramer Executive Editor Tim J. McGuire Managing Editor T Robert J. White Editorial Editor 10A Monday/February 26/1990 Preserving wetlands is a ducky idea Mention wetland preservation, and the ducks vs. food battle lines are drawn.. Farmers blast urban hunters for wanting to conscript good cropland to breed ducks for their autumn shoot. Hunters'at- tack farmers for plowing up wildlife habitat to produce crops already in oversupply. Conserva- tionists take aim at both, and are accused in turn of wanting to preserve nature at all costs, even at the expense of the food, fiber and energy needs of a growing population. They're all right, in a• way. They're also wrong for fighting each other when the real enemy is the loss of.wetlands and the ecological chores they per- form. That resource is so valuable that all Minne- sotans should welcome a plan before the Legisla- ture to preserve the state's remaining wetlands. The multiple value of wetlands Wetlands do provide essential wildlife habitat,•and some do get in farmers' way. Hence ducks vs. food. But wetlands of all sorts — from marshes to mudholes — also act as sponges that provide flood control, as filters that clean pollutants out of groundwater, and as siphons that help recharge underground aquifers. On all counts, wetlands are a public resource that serve the interests of farmer, hunter, conservationist, city d%reller and country cousin. ' Millions of acres of wetlands were drained in the last two decades, particularly during the '70s when farmers were urged to plant fencepost-to-fencepost to feed a hungry world. Minnesota lost 80 percent of 'its prairie potholes alone. Despite state and federal efforts to protect them, wetlands continue to be drained and they may be lost in some areas Without preemptive action. The best place for that action is at the state level, where the wetland resource can be weighed against other.needs and a firm, but flexible conservation plan developed. Make Minnesota the leader The bill before the Legislature this year is com- mendably. firm, sensibly flexible. It provides for "no net loss" of wetlands, meaning that any wet- lands lost to -farming, mining, timber harvesting or urban development would have to be offset by restoring or creating new wetlands elsewhere in the same area. In return, wetlands would be exempt from property taxes. State taxpayers would make up* the losses, roughly estimated at $3 million a year, to local units of government. The legislation would put Minnesota out in front of federal efforts to protect wetlands, and should. The swampbuster provision in the 1985 farm bill, intended to deny federal benefits to farmers who cultivate wetlands, has proven difficult to under- stand and enforce. At least four federal agencies have a hand in wetland regulation. Minnesota's plan would simplify the rules, make enforcement surer and provide flexibility for local needs. Unlike a wetland bill that withered away lastlear, this legislation is the result of collaboration by 19 organizations representing farmers, conservation- ists, drainage contractors, and local and state gov- ernment. Nonetheless, sticking points remain over certain types and sizes of wetlands, and the bill faces a tough sell in rural areas. It also faces hard going at the Legislature, where budget cuts, not new spending programs, are the rule. How to pay But the Environmental Trust Fund will soon re- ceive its first lottery revenues, and the $7 million needed to launch the wetland -preservation pro= gram should be a top candidate for a share. Cou- pled with. the state's Reinvest in Minnesota and the federal Conservation Reserve programs, which pay farmers to retire erodible lands including wet- lands for 10 years or more, that investment would not only stop the loss of wetlands, but begin to restore some wetlands lost to development. Figure that flooding costs the state more than 10 times as much. Figure. what Minnesota would be like without its prairie potholes, and the plants and animals they harbor. Figure what would happen to Minnesota if its wetland sponge were squeezed dry. The wetland plan recognizes that people need to eat and earn a living. But it puts food and ducks on the same side in the fight to protect a precious resource. It should pass. A recent trend has been to require fixed compensation ratios in recognition that created wetlands are often unproductive compared to the systems they replace. There may be some outstanding questions concerning the legal defensibility of setting fixed ratios larger than 1:1 unless it can be clearly shown that such ratios must be used to equate the loss. High fixed ratios have also been used in an attempt to meet a goal of no further net loss of wetlands in a given area. From political and scientific perspectives, this is one of the most controversial aspects of wetlands manage- ment. Wetland creation projects can be extremely costly, complex, and time consuming. Nevertheless, the prestigious National Wetlands Policy Forum has recommended a na- tional goal of no net loss of wetland area and function. It is strongly advised that the issue of wetland creation, restora- tion, monetary compensation, and the degree of local gov- ernment hands-on involvement be addressed in a way that takes into account specific local needs. The model ordinance specifies that creation or restoration of wetlands shall not be used as a means of circumventing or ignoring the basic concept of preventing avoidable losses and minimizing unavoidable impacts. This concept is fun- damental to current wetland management practices. The or- dinance provides for the replacement of a wetland with the same type of wetland as close as possible to the location in which the loss occurred. If certain conditions are met, the ap- plicant can propose an alternative wetland type or location, or monetary compensation. The local government can ac- cept or require monetary compensation in lieu of direct ac- tion by the applicant, but only for the purpose of carrying out wetland creation or restoration. This section also provides the authority to suspend or revoke a permit for noncompliance. Section 7. Nonconforming Activities To avoid potentially strong political opposition in the adoption of the ordinance, existing uses are allowed under a "grandfather' clause. The enlargement of existing uses, major alterations, additions exceeding SO percent of the value or size of the use, and reestablishment of discontinued or destroyed uses are regulated. A stronger approach that local governments may wish to consider is the gradual elimination of nonconforming uses over a specified period of time. Section 8. Judicial Review The ordinance provides a special judicial review pro- cedure for the granting or denial of *special permits. Often, zoning and other land -use control enabling acts specify the court to which appeals of regulations must be made. This or- dinance authorizes the regulatory authority to purchase or condemn an interest in lands, based on a decision of the fb I I -L:- 641n ?.., V_et�4LY pw>��- court, or to approve a permit with lesser restrictions. Local governments may wish to provide for an administrative ap- peals process to a zoning board of appeals or a similar authority of the local government. This ordinance does not provide such language, as circumstances may vary greatly from jurisdiction to jurisdiction. Section 9. Amendments Circumstances under which ordinances can be amended are normally contained in zoning enabling acts or other enabling statutes. This section supplements such standards by authorizing changes when new maps or other informa- tion become available. Section 10. Assessment Relief This section of the ordinance directs tax assessors to con- sider wetland regulations in determining the fair market. value of land. MODEL NONTIDAL WETLAND PROTECTION ORDINANCE Section 1. Findings of Fact and Purpose 1.1. Findings of Fact The nontidal wetlands of local unit of government are indispensible and fragile natural resources with significant development constraints due to flooding, erosion, and soil limitations. In their natural state, nontidal wetlands serve man and nature. They provide habitat areas for fish, wildlife, and vegetation; water -quality maintenance and pollution control; flood control; shoreline erosion control; natural resource education; scientific study; open space; and recreation opportunities. A considerable number of these important natural resources have been lost or impaired by draining, dredging, filling, ex- cavating, building, pollution, and other acts. Piecemeal or cumulative losses may, over time, destroy remaining wetlands. Damaging or destroying nontidal wetlands threatens public safety and the general welfare. It is therefore necessary for local unit of government to ensure maximum protection for nontidal wetlands by discouraging development activities in nontidal wetlands and those activities at adjacent upland sites that may adversely affect nontidal wetlands and to encourage restora- tion of already degraded or destroyed systems. 1.2. Purpose It is the policy of local unit of government to encourage or require planning to avoid or minimize damage to nontidal 65 u y� � ►�--y`1 . { 11 •4,y :ice .�.� s4,.4zj�; , wetlands wherever prudent or feasible; to require that ac- tivities not dependent upon a nontidal wetland location be located at upland sites; to allow nontidal wetland losses only where all practicable measures have been applied to reduce those losses that are unavoidable and in the public interest; to provide for compensation in the form of nontidal wetland restoration or creation to offset further losses; and to pro- f vide for the protection of wetlands under additional or- dinances already adopted by local unit of government, including building codes pollution and sediment control ordinances groundwater management regulations, storm - water management regulations floodplain zoning, and other pertinent regulations. Furthermore, such activities must not threaten public safety or cause nuisances by: 1) Blocking flood flows, destroying flood storage areas, or destroying storm barriers, thereby raising flood heights or velocities on other land and increasing flood damages; 2) Causing water pollution through any means, in- cluding location of wastewater disposal systems in wet soils; unauthorized application of pesticides, her- bicides, and algacides; disposal of solid wastes or stormwater runoff at inappropriate sites; or the crea- tion of unstabilized fills; 3 ) Increasing erosion; or 4) Increasing runoff of sediment and stormwater. In addition, it is the policy of local unit of government that activities in or affecting nontidal wetlands do not de- stroy natural wetland functions important to the general welfare by: 1) Decreasing breeding, spawning, nesting, wintering, feeding, or other critical habitat for fish and wildlife, including rare, threatened, and endangered plant and animal species and commercially and recreationally important wildlife; 2) Interfering with the exchange of nutrients needed by fish and other forms of wildlife; 3 ) Decreasing groundwater recharge; 4) Destroying sites needed for education and scientific re- search as outdoor biophysical. laboratories, living classrooms, and training areas; 5 ) Interfering with public rights in waters and the recrea- tion opportunities for hunting, fishing, boating, hik- ing, birdwatching, photography, camping, and other activities in nontidal wetlands; or 6) Destroying aesthetic and property values. Section 2. Definitions Words and phrases used in this ordinance shall be inter- preted as defined below, and, where ambiguity exists, words or phrases shall be interpreted so as to give this ordinance its most reasonable application in carrying out its regulatory purpose. "Buffer" means a naturally vegetated area or vegetated area established or managed to protect nontidal wetlands from human disturbances. "Creation" means a human activity bringing a wetland into existence at a site in which it did not formerly exist. "Functions" means the beneficial roles nontidal wetlands serve, including storage, conveyance, and attenuation of floodwaters and stormwaters; groundwater recharge and discharge; protection of water quality and reduction of sedi- ment and erosion; production of waterfowl, game and nongame birds, mammals, and other living resources; pro- tection of habitat for rare, threatened, and endangered species; food chain support for a broad range of wildlife and fisheries; educational, historical, and archeological value protection; and scenic, aesthetic, and recreational amenities. "Hydrophytic vegetation" means macrophytic plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. "In-kind" means the restoration or creation of a wetland with vegetation and other characteristics closely approx- imating those of a specified wetland. ' Nontidal wetland" means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, com- monly known as hydrophytic vegetation. "Off site" means restoration or creation of a wetland at a location not adjacent to (or within feet of) a previous, specified wetland. "On site" means restoration or creation of a wetland adja- cent to (or within feet of) a previous, specified wetland. 66 "Out -of -kind" means the restoration or creation of a wetland with vegetation or other characteristics not resembling those of a specified wetland. "Practicable alternative" means an alternative to the pro- posed project that would accomplish the basic purpose of the project and avoid or have less adverse impact on a nontidal wetland. "Regulated activity" means an activity with a significant im- pact Dn nontidal wetlands, including: 1) The removal, excavation, or dredging of soil, sand, gravel, minerals, organic matter, or materials of any kind; 2) The changing of existing drainage characteristics, sedimentation patterns, flow patterns, or flood reten- tion characteristics; 3) The disturbance of the nontidal wetland water level or water table by drainage, impoundment, or other means; 4) The dumping or discharging of material, or the filling of a nontidal wetland with material; 5) The placing of fill or the grading or removal of mate- rial that would alter existing topography; 6) The driving of piles, placement of obstructions, and erection or repair of buildings or structures of any kind; 7) The destruction or removal of plant life that would alter the character of a nontidal wetland; and 8) The conduct of an activity that results in a significant change of water temperature, a significant change of physical or chemical characteristics of nontidal wetland water sources, or the introduction of pollutants. "Restoration" means a human activity that returns a wetland or former wetland from a disturbed or altered condition with lesser acreage or functions to a previous condition with greater wetland acreage or functions. Section 3. Lands to Which This Ordinance Applies 3.1. Wetland District This ordinance shall apply to all lands in or within 25 feet of a nontidal wetland located within the jurisdiction of local unit of government. Areas shown on the Official Zoning Map as being located within the Wetland District are presumed to be nontidal wetlands consistent with the defini- tion thereof. Nontidal wetlands not shown in the Wetland District are presumed to exist in local unit of government and are hereby designated to be within the Wetland District and protected under all of the terms and provisions of this ordinance. The Official Zoning Map (Wetland District) shows only the general location of nontidal wetlands and should be consulted by persons contemplating activities in or near nontidal wetlands before engaging in a regulated ac- tivity. The Official Zoning Map, together with all ex- planatory matter thereon and attached thereto, is hereby adopted by reference and declared to be a part of this or- dinance. The Official Zoning Map shall be on file in the of- fice of the county/city clerk. 3.2. Rules for Interpretation of Wetland District Boundaries The boundaries of the Wetland District shall ordinarily be determined by the applicant through the performance of a field survey applying the nontidal wetland definition. The Official Zoning Map is to be used as a guide to the general location of nontidal wetlands. The applicant is required under Section 6.2 of this ordinance to show a Wetland District boundary on a scaled drawing submitted as part of the permit application. Nontidal wetland delineations shall be performed in accordance with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdic- tional Wetlands and any subsequent amendments thereto. Evidence documenting the results of the boundary survey may be required by the Office of Planning and Zoning. The Office of Planning and Zoning, when requested by the applicant, may waive the delineation and, in lieu of di- rect action by the applicant, perform the delineation. The Office of Planning and Zoning may use remote sensing, hydrology, soils, plant species, and other data, and consult with biologists, hydrologists, soil scientists, or other experts as needed to perform the delineation. The applicant may be charged for costs incurred in accordance with the provisions of Section 6.2 of this ordinance. Where the Office of Planning and Zoning performs a Wetland District determination at the request of the appli- cant, it shall be considered a final determination. Where the applicant has provided a determination of the Wetland District boundary, the Office of Planning and Zoning shall verify the accuracy of, and may render adjustments to, the boundary delineation. In the event the adjusted boundary delineation is contested by the applicant, the Office of Planning and Zoning may attempt to set mutually agreeable boundaries; or, when such an attempt 67 is unsuccessful, shall, at the applicant's expense, obtain com- petent expert services to render a final delineation. Section 4. Permit Requirements, Enforcement 4.1. Permit Requirements, Compliance No regulated activity in or within 25 feet of a nontidal wetland may be conducted without a permit from the Zon$' ing Administrator and full compliance with the terms of this ordinance and other applicable regulations. All ac- tivities that are not permitted as of right or as special permit uses shall be prohibited. 4.2 Temporary Emergency Permit Notwithstanding the provisions of this ordinance or any other law to the contrary, the Office of Planning and Zon- ing may issue a temporary nontidal wetlands permit through oral or written authorization, provided a written permit is accomplished within five days, if it deems that an unacceptable threat to life or severe loss of property will occur if an emergency permit is not granted. The emergency permit may be terminated at any time without process upon a determination by the Office of Planning and Zoning that the action was not or is no longer necessary to protect human health or the environment. The Office of Planning and Zoning may, within 90 days of the emergency per- mit, require that the action be reconsidered as an after -the - fact permit, subject to any or all of the terms and provisions of this ordinance. 4.3. Enforcement The Office of Planning and Zoning, its agents, officers, and employees shall have authority to enter upon privately owned land for the purpose of performing their duties under this ordinance and may take or cause to be made such ex- aminations, surveys, or sampling as the Office of Planning and Zoning deems necessary. The Office of Planning and Zoning shall have authority to enforce this ordinance; a permit issued thereto; and a violation or threatened violation thereof by violation notices, administrative orders, and civil and criminal ac- tions. All costs, fees, and expenses in connection with such actions may be recovered as damages against the violator. Law enforcement officials or other officials having police powers shall have authority to assist the Office of Planning and Zoning in enforcement. Any person who commits, takes part in, or assists in any violation of any provision of this ordinance is guilty of a misdemeanor and may be fined not more than $20,000 for each offense. Each violation of this act shall be a separate of - fense, and, in the case of a continuing violation, each day's continuance shall be deemed to be separate and distinct of- fense. In the event of a violation, the governing body shall have the power to order nontidal wetland restoration and creation measures for the damaged or destroyed nontidal wetland area by the person or agent responsible for the violation. If the responsible person or agent does not complete such measures within a reasonable time following -the order, the local unit of government may restore the affected wetland to its prior condition and create or restore other wetlands for the purpose of offsetting losses sustained as a result of the violation. The person or agent responsible for the original violation shall be liable to the local unit of government for the cost of such actions. To guide restoration and creation actions, the Office of Planning and Zoning shall have the power to order the violator to develop a plan as described in Section 6.5.2 of this ordinance for the approval of the Office of Planning and Zonin . 4.4. Abrogation and Greater Restrictions It is not intended that this ordinance repeal, abrogate, or im- pair any existing regulations, easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. 4.5. Interpretation The provisions of this ordinance shall be held to be minimum requirements in their interpretation and applica- tion and shall be liberally construed to serve the purposes of this ordinance. Section 5. Uses by Right and Special Permit Uses in a Non - tidal Wetland 5.1. Uses by Right The following uses shall be allowed as a right within a non - tidal wetland to the extent that they are not prohibited by any other ordinance or law and provided they do not require structures, grading, fill, draining, or dredging except as pro- vided herein or authorized by special permit: 1) Conservation or preservation of soil, water, vegeta- tion, fish, shellfish, and other wildlife; 2) Outdoor recreational activities, including hunting, fishing, trapping, birdwatching, hiking, boating, horseback riding, swimming, canoeing, skeet and trap shooting; 3) The harvesting of wild crops, such as marsh hay, 68 ferns, moss, wild rice, berries, tree fruits, and seeds in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not re- quire alteration of the nontidal wetland by changing existing nontidal wetland water conditions or sources, tilling of soil, or planting of crops; 4) Forestry practices limited to the thinning and harvesting of native timber in accordance with a for- est management plan that incorporates best manage- ment practices approved by the State For- ester or local unit of government pursuant to re u tions or guidelines. 5) The continued cultivation of agricultural crops, pro- vided no nontidal wetlands are subject to cultivation where no such use existed five years prior to the effec- tive date of application; 6) The occasional pasturing of livestock; 7) Commercial fishing, shellfishing, and trapping; and 5) Education, scientific research, and nature trails; 9) Uses by right that do not require a special permit and that may involve filling, flooding, draining, dredging, ditching, or excavating to the extent specifically pro- vided below: a) Maintenance or repair of lawfully located roads or structures and of facilities used in the service of the public to provide transportation, electric, gas, water, telephone, telegraph, telecommunication, or other services, provided that such roads, struc- tures, or facilities are not materially changed or enlarged and written notice prior to the com- mencement of work has been given to the Office of Planning and Zoning and provided that the work is conducted using best management prac- tices to ensure that flow and circulation patterns, and chemical and biological characteristics of the wetland, are not impaired and that any adverse ef- fect on the aquatic environment will be minimized; b) Temporary water -level stabilization measures associated with silvicultural operations, provided a complete reversion to previous hydrological conditions is accomplished subsequent to com- pleted operations; c) Limited ditching, tiling, dredging, excavating, or filling done solely for the purpose of maintaining or repairing existing drainage systems necessary for the cultivation of agricultural crops, provided that the maintenance or repair activity does not result in the impairment, alteration, or loss of nontidal wetlands not previously subject to agricultural use under the terms and provisions of Section 5.1.5; d) Limited excavating and filling necessary for the re- pair and maintenance of piers, walkways, obser- vation decks, duck blinds, wildlife management shelters, boathouses, and other similar water - related structures, provided that they are built on pilings to allow unobstructed flow of water and preserve the natural contour of the nontidal wetland, except as authorized by special permit. 5.2. Special Permit Uses Regulated activities other than those specified in Section 5.1 may not be conducted except upon application to the Office of Planning and Zoning and issuance of a special permit. Section 6. Standards and Procedures for Special Use Permits 6.1. Special Permits Application for a special permit to conduct a regulated ac- tivity shall be made in duplicate to the Office of Planning and Zoning on forms furnished by that office. Permits shall ordinarily be valid for a period of three years from the date of issue and shall expire at the end of that time unless a longer period is specified by the Office of Planning and Zoning upon issuance of the permit. An extension of an original per- mit may be granted upon written request to the Office of Planning and Zoning by the original permit holder or the successor in title. The Zoning Administrator may require additional hearings if, in its judgment, the original intent of the permit is altered or extended by the renewal or if the ap- plicant failed to abide by the terms of the original permit. The request for renewal of a permit shall follow the same form and procedure as the original application except that the Zoning Administrator shall have the option of not holding a hearing if the original intent of the permit is not altered or extended in any significant way. 6.2. Permit Applications Unless the Office of Planning and Zoning waives one or more of the following information requirements, applica- tions for a special permit for a regulated activity shall in- clude: 1) The purposes of the project and an explanation of why the proposed activity requires a wetland location or access to wetlands, or cannot be located at other sites; 2) A site plan drawn to scale showing the Wetland District Boundary and the nontidal wetland boundary 69 as determined by field survey; the width, depth, and length of all existing and proposed structures, roads, watercourses, and drainageways; water, wastewater, and stormwater facilities; utility installations within 200 feet of a nontidal wetland; and the relationship of the proposed activity and any potentially affected; nontidal wetland to the entire parcel of land owned by' the applicant; 3) A description of the wetland or wetlands that will be affected by the regulated activity, including a sketch plan at the scale of for the entire wetland; the area that may be filled or impacted; vegetation type; wetland water sources; and a general characterization of the habitat, wildlife, and common plants; 4) Soil types on the site and the exact locations and specifications for all proposed draining, filling, grading, dredging, and vegetation removal, including the amounts and methods; 5) Adjacent land use; and 6) Elevations of the site and adjacent lands within 200 feet of the site at contour intervals of no greater than five feet. The Office of Planning and Zoning may require additional information, including, but not limited to, documentation and evidence of a wetland boundary determination by field survey; an assessment of wetland functional characteristics; documentation of the ecological, aesthetic, economic, or other values of a wetland; a study of flood, erosion, or other hazards at the site; evidence of any protective measures that might be taken to reduce such hazards; and any other infor- mation deemed necessary to verify compliance with the pro- visions of this ordinance or to evaluate the proposed use in terms of the purposes of this ordinance. Any person who wants to know whether a proposed activity or an area is subject to this ordinance may request in writing a determination from the Office of Planning and Zoning. Such a request for determination shall contain plans, data, and other information as may be specified by the Office of Planning and Zoning. At the time of an application or request for determination, the applicant shall pay a filing fee specified by the Office of Planning and Zoning. Filing fees of up to a maximum of $2,500 may be required to evaluate the application or re- quest for determination. These fees may be used to retain ex= pert consultants who will provide services pertaining to wetland boundary determinations, functional assessment, and mitigation measures, as deemed necessary by the Office of Planning and Zoning. Upon receipt of the completed application, the Office of Planning and Zoning shall notify the individuals and agen- cies, including federal and state agencies, having jurisdiction over or an interest in the matter to provide such individuals and agencies an opportunity to comment. The Office of Planning and Zoning shall establish a mailing list of all interested persons and agencies who wish to be notified of such applications. 6.3. Public Hearing and Recommendations No later than 60 days after receipt of the permit application and after at least 15 days advance notice that the application has been published in one newspaper having general circula- tion in the area, the Zoning Administrator shall hold a pub- lic hearing on the application, unless the Office of Planning and Zoning finds that the activity is so minor as to not affect the nontidal wetland and the Zoning Administrator concurs. All hearings shall be open to the public. A record of the hear- ing shall be made. The Office of Planning and Zoning shall make recommendations to the Zoning Administrator on all special permit applications. Any person may present evidence and testimony at the hear- ing. At the hearing, the applicant shall have the burden of demonstrating that the proposed activity will be in accor- dance with the purposes of this ordinance and the standards set forth below. 6.4. Standards for Special Permits 6.4.1. Zoning Administrator The Zoning Administrator, after according consideration to the comments of the general public, other affected municipalities and counties, and federal and state agencies with jurisdiction over the area in question, shall issue a non - tidal wetland permit only if it is found that the regulated ac- tivity is determined to be in the public interest in accordance with Section 6.4.3 below and that the applicant has demon- strated by a preponderance of the evidence that the regulated activity: 1) Is water -dependent or requires access to the nontidal wetland as a central element of its basic function, or is not water -dependent but has no practicable alter- native; FT1 2) Will result in minimum feasible alteration or impair- ment to the nontidal wetland's functional characteristics and its existing contour, vegetation, fish and wildlife resources, and hydrological condi- tions; 3) Will not jeopardize the continued existence of species that appear on federal or state endangered species lists; 4) Will not cause significant degradation of groundwater or surface -water quality; 5) Complies with all applicable state, local, and federal laws, including those related to sediment control, pollution control, floodplain zoning, and on-site wastewater disposal; 6) Will provide a nontidal wetland buffer area of not less than 25 feet between the nontidal wetland and upland activities for those portions of a regulated activity that need not be conducted in the wetland; and 7) Complies with other standards contained in this or- dinance, including those pertaining to nontidal wetland creation and restoration as required. 6.4.2. Practicable Alternative Test For all permit applications, an alternative site for the pro- posed activity shall be considered practicable if it is available and the proposed activity can be carried out on that site after taking into consideration costs, existing technology, in- frastructure, and logistics, in light of overall project pur- poses. There is no practicable alternative if the applicant demonstrates all of the following to the satisfaction of the Zoning Administrator: 1) The basic purpose of the project cannot reasonably be accomplished using one or more other sites in the general region that would avoid or result in less adverse impact on a nontidal wetland; 2) The basic purpose of the project cannot be ac- complished by a reduction in the size, scope, con- figuration, or density of the project as proposed or by changing the design of the project in a way that would avoid or result in fewer adverse effects on the nontidal wetland; and 3) In cases where the applicant has rejected alternatives to the project as proposed due to constraints such as inadequate zoning, infrastructure, or parcel size, the applicant has made reasonable attempts to remove or accommodate such constraints. 6.4.3. Public Interest Test In determining whether a proposed regulated activity in any wetland is in the public interest, the Zoning Administrator shall consider the following: 1) The extent of the public need for the proposed activity; 2) The extent and permanence of the beneficial or detrimental effects that the proposed regulated activity may have on the public and private uses for which the property is suited; 3) The quality of the wetland that may be affected and the amount of wetland to be disturbed; 4) The economic value of the proposed regulated activity to the general area; and 5) The ecological value of the wetland and probable im- pact on public health and safety, fish, plants, and wildlife. 6.5. Acting on the Application 6.5.1. Special Use Permit Conditions The Zoning Hearing Officer may attach such conditions to the granting of a special use permit as deemed necessary to carry out the purposes of this ordinance. Such conditions may include but are not limited to: 1) Limitations on minimum lot size for any regulated activity; 2) Requirements that structures be elevated on piles and otherwise protected against natural hazards; 3) Modification of waste disposal and water supply facilities; 4) Imposition of operational control, sureties, and deed restrictions concerning future use and subdivision of lands, such as flood warnings, preservation of unde- veloped areas in open space use, and limitation of vegetation removal; 5) Dedication of easements to protect wetlands; 6) Establishment of vegetated buffer zones separating and protecting the nontidal wetland from proposed activities; 7) Erosion control and stormwater management measures; 8) Setbacks for structures and restrictions on fill, de- posit of soil, and other activities in the nontidal wetland; 9) Modification in project design to ensure continued 1 L A _i 71 water supply to the nontidal wetland and circulation' of water; 10) Creation or restoration of an area of nontidal wetland; and 11) Development of a plan to guide actions involving the creation of a new wetland or the restoration of a damaged or degraded wetland. The Office of Planning and Zoning may require a bond in an amount and with surety and conditions sufficient to secure compliance with the conditions and limitations set forth in the permit. The particular amount and the conditions of the bond shall be consistent with the purposes of this ordinance. In the event of a breach of any condition of any such bond, the Office of Planning and Zoning may institute an action in a court of competent jurisdiction upon such bond and pro- secute the same to judgment and execution. 6.5.2. Nontidal Wetland Restoration and Creation As a condition of a permit issued or as an enforcement ac- tion under this ordinance, the Office of Planing and Zoning may require that the applicant engage in the restoration or creation of nontidal wetlands in order to offset, in whole or in part, the losses resulting from an applicant's or violator's actions. In making a determination of whether such a re- quirement will be imposed, and, if so, the degree to which it would be required, the Office of Planning and Zoning will consider the following: 1) The long- and short-term effects of the action upon the nontidal wetland and associated aquatic eco- system, and the reversible or irreversible nature of the impairment or loss; 2) The type and benefit of the wetland functions and associated resources lost; 3) The type, size, and location of the wetland altered, and the effect it may have upon the remaining system or watershed of which the wetland is a part; 4) Observed or predicted trends with regard to the gains or losses of this type of wetland in the watershed, in light of natural and human processes; 5) The cost and likely success of the possible compensa- tion measures in relation to the magnitude of the pro- posed project or violation; and 6) The degree to which the applicant has demonstrated a good -faith effort to incorporate measures to mini- mize and avoid wetland impacts within the proposed project. 1 The applicant or violator may prepare or be required by the Office of Planning and Zoning to develop a nontidal wet- land restoration or creation plan for review and approval of the Office of Planning and Zoning. The creation or restora- tion of wetlands shall not be an alternative to the standards set forth in Section 6.4.1 but shall be used only to compen- sate for unavoidable losses. The plan should state the location, by metes and bounds description, of the proposed site; ownership; size, type, and complete ecological assessment (flora, fauna, hydrology, wetland functions, etc.) of the wetland being restored or the area where a new wetland will be created; and the natural suitability of the proposed site for establishing the replace- ment wetland (i.e., water source and drainage patterns, topographic position, wildlife habitat opportunities, value of the existing area to be converted, etc.). In addition, plane view and cross-sectional, scaled drawings; topographic survey data, including slope percentage and final grade elevations; and other technical information are required in sufficient detail to explain, illustrate, and provide for: 1) Soil and substrate conditions; topographic elevations; grading and excavation; erosion and sediment control needed for wetland construction and long-term sur- vival; 2) Planting plans specifying plant species types, quan- tities, locations, size, spacing, or density; source of plant materials, propagules, or seeds; timing, season, water, and nutrient requirements for planting; and, where appropriate, measures to protect plants from predation; 3) Water -quality parameters, water source, water depths, water -control structures, and water -level maintenance practices needed to achieve the necessary ambient water conditions and hydrocy- cle/hydroperiod characteristics; 4) Mid -course corrections and a three-year monitoring and replacement plan establishing responsibility for removal of exotic and nuisance vegetation and perma- nent establishment of the wetland system and all its component parts; and 5) A demonstration of fiscal, administrative, and technical competence of sufficient standing to suc- cessfully execute the overall project. 6.5.3. Wetland Restoration and Creation Alternatives Ordinarily, the applicant or violator shall undertake restora- tion or creation efforts on or adjacent to the site where per- manent losses have been sustained or where restoration of 72 a former wetland is possible. Replication "in-kind" of the im- pacted wetland will be the preferred alternative for creation or restoration efforts. Where the applicant has demonstrated to the satisfaction of the Zoning Administrator that this approach is infeasible due to technical constraints, such as parcel or wetland size or wetland type, or that a nontidal wetland of a different type or location is strongly justified based on regional needs or the functional value of the im- pacted wetland, the Zoning Administrator may accept or recommend an alternative proposal. Such proposal may in- volve monetary compensation as provided for in this section or the creation or restoration "out of kind" and "off site." The Office of Planning and Zoning shall set reasonable fees for compensation of wetland losses based upon the amount that would be required to perform on-site, in-kind restora- tion or creation. Where the Zoning Administrator deter- mines that the public interest is better served, the Zoning Ad- ministrator may require a fee in lieu of direct action on be- half of the applicant or violator to initiate restoration or creation projects. Such fees shall be held in escrow for the express use of wetland creation and restoration projects and shall not be commingled with other funds. 6.5.4. Suspension, Revocation The Office of Planning and Zoning may suspend or revoke a permit if it finds that the applicant has not complied with the conditions or limitations set forth in the permit or has exceeded the scope of the work set forth in the permit. The Office of Planning and Zoning shall cause notice of its denial, issuance, conditional issuance, revocation, or suspension of a permit to be published in a daily newspaper having a broad circulation in the area wherein the wetland lies. Section 7. Nonconforming Activities A regulated activity that was lawful before the passage of this ordinance, but which is not in conformity with the pro- visions of this ordinance, may be continued subject to the following: 1) No such activity shall be expanded, changed, enlarged, or altered in any way that increases its value at the time of its becoming a nonconforming structure, unless the structure is permanently changed to a con- forming use. 2) No structural alteration or addition to any nonconfor- ming structure over the life of the structure shall exceed 50 percent of all its value at the time of its becoming a nonconforming structure, unless the structure is per- manently changed to a conforming use. .1\ 3) If a nonconforming use or activity is discontinued for 12 consecutive months, any resumption of the activity shall conform to this ordinance. 4) If any nonconforming use or activity is destroyed by human activity or an act of God, it shall not be resumed except in conformity with the provisions of the ordinance. 5) Activities or adjuncts thereof that are or become nuisances shall be not entitled to continue as noncon- forming activities. Section 8. Judicial Review All final decisions of the Zoning Administrator concerning denial, approval, or conditional approval of a special per- mit shall be reviewable in the Circuit Court. Based on these proceedings and the decision of the court, the Zoning Administrator may, within the time specified by the court, elect to: 1) Institute negotiated purchase or condemnation pro- ceedings to acquire an easement or fee interest in the applicant's land; 2 ) Approve the permit application with lesser restrictions or conditions; or 3) Institute other appropriate actions ordered by the court that fall within the jurisdiction of the Zoning Administrator. Section 9. Amendments These regulations and the Official Zoning Map may from time to time be amended in accordance with procedures and requirements in the general statutes and as new information concerning wetland locations, soils, hydrology, flooding, or botanical species peculiar to wetlands become available. Section 10. Assessment Relief Assessors and boards of assessors shall consider wetland regulations in determining the fair market value of land. Any owner of an undeveloped wetland who has dedicated an easement or entered into a perpetual conservation restric- tion with the Office of Planning and Zoning or a nonprofit organization to permanently control some or all regulated activities in the wetland shall have that portion of land assessed consistent with those restrictions. Such landowner shall also be exempted from special assessment on the con- trolled wetland to defray the cost of municipal im- provements such as sanitary sewers, storm sewers, and water mains. 73 RECENT PLANNING ADVISORY SERVICE REPORTS ':3 Linking Plans and Regulations: Local Responses to Consistency Laws in California and Florida. September 1981. 26 pp. $16; PAS subscribers $8. ,A Reducing Earthquake Risks: A Planner's Guide. October 1981. 82 pp. $18; PAS subscribers $9. Accessory Apartments: Using Surplus Space in Single -Family Houses. December 1981. 24 pp. $16; PAS subscribers S8. Planners' Salaries and Employment Trends, 1981. January 1982. 22 pp. $16 (photocopy). Zero Lot Line Development. March 1982.22 pp. $16; PAS subscribers S8. Designing Effective Pedestrian Improvements in Busi- ness Districts. May 1982.60 pp. $16; PAS subscribers =3. k Planner's Guide to Low -Level Radioactive Waste ')isposal. August 1982.53 pp. $16; PAS subscribers :3. 'Regulating Videogames. September 1982.30 pp. $16; ?AS subscribers S8. Changing Development Standards for Affordable Housing. October 1982. 30 pp. 520; PAS subscrib- ers S10. Using Microcomputers in Urban Planning. November 1982.22 pp. S8 (photocopy). Water Conservation in Residential Development: Land -Use Techniques. December 1982. 34 pp. $16 photocopy). t Preparing a Historic Preservation Ordinance. February 1983. 46 pp. $16; PAS subscribers $8. Planning for Underground Space. April 1983.54 pp. S16; PAS subscribers $8. Improving Street Climate Through Urban Design. June 1983. 34 pp. $16; PAS subscribers $8. 77 Flexible Parking Requirements. August 1983.38 pp. S16; PAS subscribers S8. 378 Working With Consultants. October 1983. 33 pp. S16; PAS subscribers $8. 379 Appearance Codes for Small Communities. October 1983. 26 pp. S16; PAS subscribers $8. 380 Analyzing the Economic Feasibility of a Development Project: A Guide for Planners. November 1983. 38 pp. S16; PAS subscribers 58. 381 Increasing Housing Opportunities for the Elderly. December 1983. 16 pp. $16; PAS subscribers $8. 382 Planners' Salaries and Employment Trends, 1983. February 1984. 18 pp. $16 (photocopy). 383 How To Set Up a Planning Agency Library. April 1984. 38 pp. S16; PAS subscribers $8. 384 Regulating Radio and TV Towers. June 1984.38 pp. S16: PAS subscribers $8. 385 Affordable Single -Family Housing: A Review of Development Standards. August 1984.117 pp. $24; PAS subscribers $12. 386 State and Local Regulations for Reducing Agri- cultural Erosion. September 1984. 42 pp. $16; PAS subscribers S8. i 387 Traffic Impact Analysis. October 1984.34 pp. $16; PAS'subscribers $8. 388 Planning Software Survey. November 1984. 32 pp. $16; PAS subscribers $8. 389 Tax Increment Financing: Part 1. What Is TIF? Part 2. Determining Potential Gains and Losses of TIF. December 1984. 19 pp. $16; PAS subscribers $8. 390 Infrastructure Support for Economic Development. September 1985. 38 pp. $16; PAS subscribers $8. 391 Home Occupation Ordinances. October 1985.38 pp. $16; PAS subscribers $8. 392 Innovative Capital Financing. December 1985. 38 pp. $16; PAS subscribers $8. '393 Managing Municipal Information Needs Using Microcomputers. April 1986.22 pp. PAS subscribers $8. 394 Regulating Satellite Dish Antennas. May 1986.30 pp. '$16; PAS subscribers $8. '395 Planners' Salaries and Employment Trends, 1985. June 1986. 18 pp. PAS subscribers $8. '3% Standards for Self -Service Storage Facilities. September 1986. 22 pp. PAS subscribers $8. 397 Siting Group Homes for Developmentally Disabled Persons. October 1986.46 pp. $16; PAS subscribers $8. 398 Regulating Manufactured Housing. December 1986. 38 pp. $16; PAS subscribers $8. 399 Aesthetics and Land -Use Controls. December 1986. 46 pp. $16; PAS subscribers $8. `400 The Planning Commission: Its Composition and Function, 1987. May 1987. 11 pp. PAS subscribers $8. '401 Transferable Development Rights Programs: TDRs and the Real Estate Marketplace. May 1987.38 pp. $16; PAS subscribers $8. '402 Seven Methods for Calculating Land Capability/ Suitability. July 1987. 22 pp. PAS subscribers $10. 403 Computer Applications in Economic Development. August 1987. 38 pp. $20; PAS subscribers $10. '404 How to Conduct a Citizen Survey. November 1987. 24 pp. PAS subscribers $10. 405 New Standards for Nonresidential Uses. December 1987. 26 pp. $20; PAS subscribers $10. 406 Housing Trust Funds. December 1987. 25 pp. $20; PAS subscribers $10. '407 Planners' Salaries and Employment Trends, 1987. December 1987. 15 pp. PAS subscribers $10. 408 The Calculation of Proportionate -Share Impact Fees. July 1988. 38 pp. $20; PAS subscribers $10. '409 Enforcing Zoning and Land -Use Controls. August 1988. 30 pp. PAS subscribers $10. '410 Zoning Bonuses in Central Cities. September 1988. 30 pp. PAS subscribers $10. 411 The Aesthetics of Parking. November 1988. 34 pp. $20; PAS subscribers $10. 412/413 Protecting Nontidal Wetlands. December 1988. 76 pp. $36; PAS subscribers $18. 'Available only to subscribers of Planning Advisory Service. BIBLIOGRAPHY American Littoral Society. Protecting Wetlands: What You Should Know. Highlands, N.J.: American Littoral Societv, 1981. Bishop, R. A. "Iowa's Wetlands." Proceedings of the Iowa Academy of Sciences 88, no. 1 (1981): 11-16. Bunker, S. 'The Maryland Critical Area Program: A Com- prehensive Land Management Approach." National Wetlands Newsletter 9, no. 1(January/February 1987). Carpenter, J. M., and G. T. Farmer. Peat Mining: An Initial Assessment of Wetland Impacts and Measures to Mitigate Adverse Effects. Washington, D.C.: U.S. Environmen- tal Protection Agency, 1981. Council on Environmental Quality. Our Wetland Heritage. Washington, D.C.: The Council, 1979. Cowardin, L.M., et al. Classification of Wetlands and Deep- water Habitats of the United States. FWS/OBS-79-31. Washington, D.C.: U.S. Fish and Wildlife Service, 1979. Farrar, J. The Rainwater Basin: Nebraska's Vanishing Wetlands. Lincoln: Nebraska Games and Park Commis- sion, 1982. Federal Interagency Committee for Wetland Delineation. Federal Manual for Identifying and Delineating Jurisdic- tional Wetlands, 1989. Prepared for U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, and U.S. Department of Agriculture, Soil Conservation Service. Washington, D.C.: GPO, in Press. Feierabend, J.S., and J. M. Zelazny. Status Report on Our Nation's Wetlands. Washington, D.C.: National Wildlife Federation, 1987. Ferrigno, F., et al. Marsh Destruction. Pittman -Robertson Report, Proj. W -53-R-1, Job I -G. Trenton: New Jersey Department of Environmental Protection, Division of Fish, Game, and Wildlife, 1973. Frayer, W. E., et al. Status and Trends of Wetlands and Deepwater Habitats in the Coterminous United States, 1950s to 1970s. Fort Collins, Colo.: Colorado State University, Department of Forest and Wood Sciences, 1983. Fruge, D. W. "Effects of Wetland Deterioration on the Fish and Wildlife Resources of Coastal Louisiana." In Pro- ceedings of the Conference on Coastal Erosion and Wetland Modification in Louisiana: Causes, Conse- quences, and Options, edited by D.G. Boesch. FWS/OBS-82%59. Washington, D.C.: U.S. Fish and Wildlife Service, 1982, 99-107. Gaskell, R. "Wetlands Protection Through Regulatory Stan- dards and State/Local Cooperation: A Manager's View." In Wetland Protection: Strengthening the Role of the States, edited by Jon Kusler and Richard Hamann. Gainesville, Fla.: Association of State Wetland Man- agers/Center for Governmental Responsibility, Univer- sity of Florida College of Law, 1985. Good, R.E., D.F. Whighams, and R.L. Simpson. eds. Freshwater Wetlands: Ecological Processes and Manage- ment Potential. New York: Academic Press, 1978. Great Lakes River Basin Commission. "Wetlands." Great Lakes Communicator 11, no. 9 (June 1981). L Greeson, P. E., et al. eds. Wetland Functions and Values The State of Our Understanding. (The Proceedings of the National Symposium on Wetlands, November 7-10, 1978, Lake Buena Vista, Fla.). Bethesda, Md.: American Water Resources Association, 1979. Haddock, J.L., and L.W. DeBates. Report on Drainage Trends in the Prairie Pothole Region of Minnesota, North Dakota, and South Dakota. Minneapolis, Minn.: U.S. Fish and Wildlife Service, 1969. Hardisky, M.A., and V. Klemas. 'Tidal Wetlands Natural and Human -Made Changes from 1973 to 1979 in Delaware: Mapping Techniques and Results." Environ- mental Management 7, no. 4 (1983): 1-6. Henderson, T.R., W. Smith, and D.G. Burke. Non -Tidal Wetlands Protection: A Handbook for Maryland Local Governments. Annapolis, Md.: Maryland Department of Natural Resources, March 1983. Hoose, P. Building An Ark: Tools for Preserving Natural Diversity Through Land Protection. Cevelo, Calif.: Island Press, 1981. JACA Corp. A Case Study of New Jersey Wetlands: Trends and Factors Influencing Wetland Use. Prepared for Office of Technology Assessment, U.S. Congress. 1982. Kadlec, J.A., and W.A. Wentz. State-of-the-art Survey and Evaluation of Marsh Plant Establishment Techniques: In- duced and Natural. vol. 1. Technical Report D-74-9. Vicksburg, Miss.: U.S. Army Corps of Engineers Water- ways Experiment Station, 1974. Kentucky Department of Fish and Wildlife Resources. Let- ter from Department Commissioner to B. Wilen, U. S. Fish and Wildlife Service, February 23, 1983. Klein, S. Select State Inland Wetland Protection Laws: A Re- view of State Programs and Their Natural Resource Data Requirements. Washington, D.C.: National Conference of State Legislatures, 1980. Klopatek, J. M. 'Nutrient Dynamics of Freshwater Riverine Marshes and the Role of Emergent Macrophytes." In Freshwater Wetlands: Ecological Processes and Manage- ment Potential, edited by R.E. Good et al. New York: Academic Press, 1978, 195-216. Kusler, J.A. Our National Wetland Heritage: A Protection Guidebook. Washington, D.C.: The Environmental Law Institute, 1983. Strengthening State Wetland Regulations. Washing- ton, D.C.: U.S. Fish and Wildlife Service, 1979. , and Richard Hamann. eds. Wetland Protection: Strengthening the Role of the States. Gainesville, Fla.: Association of State Wetland Managers/Center for Gov- ernmental Responsibility, University of Florida College of Law, 1985. MacDonald, P.O. et al. Documentation, Chronology, and Future Projections of Bottomland Hardwood Habitat Loss in the Lower Mississippi Alluvial Plain. vol. 1. Vicksburg, Miss.: U.S. Fish and Wildlife Service, Ecolog- ical Services, 1979. Magee, D.W. Freshwater Wetlands. Amherst, Mass.: University of Massachusetts Press, 1981. Michigan Department of Natural Resources. Michigan's 75 Wetlands. Lansing: Michigan Department of Natural Resources, 1982. Niering, W.A. Statement before the House Committee on Merchant Marine and Fisheries, August 10, 1982. Novitsky, R.P. Hydrology of the Nevin Wetland Near Madison, Wisconsin. Water Resources Investigations 78-48. Washington, D.C.: U.S. Geological Survey, 1978. O'Connor, R., and O.W. Terry. The Marine Wetlands of Nassau and Suffolk Counties, New York. Stony Brook: State University of New York, Marine Sciences Research Center, 1972. Redelfs, A. E. Wetlands Values and Losses in the United States. M.S. Thesis. Oklahoma State University, Stillwater, 1980. Richardson, C. J., et al. "Pocosins: An Ecosystem in Tran- sition." In Pocosin Wetlands, edited by C. J. Richardson. Stroudsburg, Penn: Hutchinson Ross Publishing Co., 1981,3-19. Roe, H. B., and Q.C. Ayres. Engineering for Agricultural Drainage. New York: McGraw-Hill, 1954. Sigafoos, R.S. "Botanical Evidence of Floods and Floodplain Deposition, Vegation, and Hydrologic Phenomena." U.S. Geological Survey Professional Paper 485-A. Wash- ington, D.C.: USGS, 1964. Sloey, W. E., et al. "Management of Freshwater Wetlands for Nutrient Assimilation." In Freshwater Wetlands, edited by R. E. Good et al. New York: Academic Press, 1978,321-40. Tabachnik, J. The Protection of Inland Wetlands. Mend - ham, N.J.: The Association of New Jersey Environmen- tal Commissions, 1980. Thibodeau, F.R., and B.D. Ostro. "Economic Analysis of Wetland Protection." Journal of Environmental Manage- ment 12 (1981): 19-30. Thurow, C., W. Toner, and D. Erley. Performance Con- trols for Sensitive Lands. PAS Report Nos. 307-308. Chicago: American Planning Association, July 1975. Tiner, R.W., Jr. Field Guide to Nontidal Wetland Identifica- tion. Annapolis: Maryland Department of Natural Resources; Newton Comer, Mass.: U.S. Fish and Wildlife Service, Region 5, 1988. A Field Guide to Coastal Wetland Plants of the North- eastern United States. Amherst: University of Massachu- setts Press, 1987. Wetlands of the United States: Current Status and Re- cent Trends. Washington, D.C.: U.S. Fish and Wildlife Service, March 1984. and P.L.M. Veneman. Hydric Soils of New England. Bulletin C-183. Amherst: University of Massachusetts, Cooperative Extension, May 1987. U.S. Department of Agriculture. Forest Service. Mitigation Symposium: A National Workshop on Mitigating Loss of 76 Fish and Wildlife Habitats. Proceedings of the workshop, July 16-20,1979, Colorado State University, Fort Collins, Colo. Washington, D.C: Government Printing Office, 1979. U.S. Department of the Interior. "The Value of Wetlands to Modern Society." In Proceedings of Project MAR Con- ference, November 12-16,1962. International Union for the Conservancy of Nature Publication, New Series No. 3,57-63. and Department of Commerce. 1980 National Survey of Fishing, Hunting, and Wildlife -Associated Recreation. Washington, D.C.: U.S. Fish and Wildlife Service and Bu- reau of the Census, 1982. U.S. Fish and Wildlife Service. Concept Plan for Waterfowl Wintering Habitat Preservation. Central Valley Califor- nia. Portland, Ore.: The Service, Region 1, 1977. Agricultural Resources and Wetland Changes, 1972- 1980, Palm Beach County, Florida. National Wetlands In- ventory, St. Petersburg, Florida. 1982. Unpublished mimeo. Report of the Waterfowl Habitat Strategy Team. Draft, 1984. U.S. Water Resources Council. The Nation's Water Resources, I975-2000. vol. 1. Washington, D.C.: U.S. Water Resources Council, 1978. "Nationwide Analysis Report." In Estimated Flood Damages. Washington, D.C.: Water Resources Council, 1977, Appendix B. University of Massachusetts. Ecological Effects of Highway Fills on Wetlands. Washington, D.C.: National Cooperative Highway Research Program, National Academy of Science, Transportation Research Board, 1980. University of Minnesota, Center for Urban and Regional Af- fairs. Thematic Maps: Presettlement Wetlands of Min- nesota and Available Wetlands for Bioenergy Purposes. Prepared for Minnesota Energy Agency. 1981. Weller, M. W. Freshwater Marshes: Ecology and Wildlife Management. Minneapolis: University of Minnesota Press, 1981. and C. E. Spatcher. Role of Habitat in the Distribu- tion and Abundance of Marsh Birds. Species Report No. 43. Ames: Iowa Agricultural Experiment Station, 1965. Winter, T.C., and M.R. Carr. Hydrologic Setting of Wetlands in the Cottonwood Lake Area, Stutsman County, North Dakota. Water Resources Investigations 80-99. Washington, D.C.: U.S. Geological Survey, 1980. Wisconsin Department of Natural Resources. Wetland Use in Wisconsin: Historical Perspective and Present Picture. Madison, Wisc.: Wisconsin Department of Natural Resources, Division of Environmental Standards, Water Quality Planning Section, 1976. .I I I I Appendix B Section 23.1100. Wetlands - Purpose and Definition. The City Council of Mound finds that there are wetlands within the City—wh—le-97 as part of the 4 ecosystem, are critical to the health, safety and welfare of the land, animals and people within the City. Definition for wetlands, "Areas with water standing within 18 inches below, at or above the soil surface for significant portions of most years, with soils identified on soil maps and reports as organic, alluvial, marsh, muck, peat, water or very poorly drained, or with aquatic or semi -aquatic vegetation dominant". These wetlands, if preserved and maintained, constitute important physical, aesthetic, recreational and economic assets for existing and future residents of the City. Therefore, the purposes of this district are: 1. To provide for the protection, preservation, proper maintenance and use of specified wetlands. - 2. To minimize the disturbance to them as to present damage from excessive sedimentation, eutrophication or poilution. 3. To prevent loss of fish and other aquatic organisms, wildlife and vegetation and the habitats of the same. 4. To provide for the protection of the City's fresh water supplies from the dangers of drought, overdraft, pollution or mismanagement. 5. To reduce the financial burdens imposed upon the community through rescue and relief efforts occasioned by the occupancy or use of areas subject to periodic flooding and prevent loss of life, property damage and the loses and risks associated with flood conditions. - 6. To preserve the location, character and extent of natural drainage courses. Section -23.1105. Authority. Pursuant to Minnesota Statutes, Sections 462:357, 459.20, 378-31, , Subd. i1, and Chapter 105, the City of Mound does adopt district boundaries and a map showing said wetland boundaries; and regulations and controls for all designated wetlands within the City. Section 23.1110. Wetlands Boundaries. The wetlands as hereinafter defined shall apply to wetland areas which are specifically delineated on the Official Wetlands Map of.the City of Mound which is attached hereto and adopted as a part of this ordinance. For the purposes of -determining the application of this wetlands ordinance to any particular parcel of land or water, the above referenced map and accompanying table listing the Ordinary High Water mark and water elevation shall be on file in the office of the City Manager and shall be available for inspection and copying. (ORD. 469. 10-9-84) Section 23.1115. Wetland Permit. Except as hereinafter provided in this ordinance, no person shall perform any development in a wetland without first having obtained a wetland permit (hereinafter referred to as "Permit") from the City of Mound. Development shall include the construction, installation or alteration of any structure; the clearing or altering of vegetation or land and the division of land into two or more parcels. Section 23.1120. Exceptions. The permit requirement established by this ordinance shall not apply to: A. Emergency work necessary to preserve life or property. When emergency work is performed under this section the person performing it shall report the pertinent facts relating to the work to the City Manager prior to the commencement of work. The City Manager shall review the facts and -determine whether an emergency exists and shall, by written memorandum, -65- i•aai'.tl is�HlF !':';:w'v;ahic'sdt Appendix B authorize the commencement of the emergency exception. A person commenciog emergency work shall, within.ten days following the commencement of that activity, apply -for the issuance of a Permit. The issuance 'thereof, may require the permittee to perform such work as is determined to be reasonably necessary to correct any impairment to the wetland occasioned by such work. B. The repair or maintenance of any lawful. use -of land existing on the date of adoption.of this ordinance. Section 23.1125.. Application for Processing of Permit. A. A separate application for a Permit shall be made to the City of Mound for each development activity fcr•which a Permit is required: Only one application need be made for two or more such acts which are to be done simultaneously on the same parcel. 'The application shall include a map of the site, a plan of the proposed development and the estimated cost•of development. Other engineering data•such as surveys and other descriptive information are also required. In order to determine the effects of such development of the wetland the City Council may require additional information including•but not limited to the following: 1. A specific description of the type, amount and location of the development. 2. A description of the ecological characteristics of the wetland. 3. A conservation plan describing actions to be taken to mitigate any detrimental effects.of development. 4. Maps and data on soils, water table and flood capacity of the wetland. When the proposed development includes the construction or alterations'of a structure, two sets of plans thereof shall be submitted with the application. B. The permit application shall be processed according to the procedures specified in Section 23.505 of the Zoning Ordinance which pertains -to processing of conditional use permits. The Permit may be processed at the same time and in connection with the processing of -an application for a building permit or any other permit required by ordinance of the City of Mound. Section 23.1130. Permit Standards. No -permit shall be issued unless the City of Mound finds and determines that the proposed development complies with the following standards: A. Filling.. A minimum amount of -filling may be allowed when .necessary but in no case shall the following restrictions on -total amount of filling be exceeded. Since the total amount of filling which can be permitted is limited, the City, when considering Permit applications, shall consider the equal apportionment of fill opportunity.to riparian land owners. -66- •r` Appendix B \ _ l 1. Total filling shall .not cause the -total natural flood ' storage capacity -of. the wetland to fall below the projected - vol'ume of runoff -from the .whole developed wet land .watershed -generated by.a si'x (6) inch rainfall in twenty-four (24) hours. 2. Only fill free of.chemical pollutants'and.organic wastes may be used. 3. Wetlands• -shall not be used-Jor solid waste di"sposal.' B. •-Dredging:. Dredging may be-aliowed only when a boat channel Is i . required for access •to •a: ,navi.gable lake; for a marina or when It -will not have a substantial or significantly adverse effect upon the ecological• and hydrological characteristics -of the wetland. Dredging; when allowed, shall be limited as follows: .1. tt shall be located.so•as to maximize.the activity in the areas of -lowest vegetation density. . 2; It sliall. not significantly change the water flow characteristics. -3. The s.i•ze of .the• dredged area s_hail be limited to the absolute minimum.• .. 4. Disposal.of•the dredged'materiai shall not result In a -si gni f i.cant -change.-In the current flow,. or- In. a substandi•al l -destruction of --vegetation, fish spawning areas'or water. pollution. 5. -Work-In -the *Wetland •wi l 1. not' be perforated duting the breeding season•ofieater-fowl or fish spawning season: , 6-. Only one boat: -channel or marina shall be allowed per large-. • 'scale development. 7.. In other residential' -developments, dredging shall be located• so as -to .provide .for. the use of boat channels and marinas by two or more adjacent property owners. 8. The width of the.boat channel -to be dredged shall be no more than the minimum required for the safe operation of boats • at minimum operating speed. C. Discharges. 1. No -part of any .sewage disposal system - requiring ort -land or In -ground disposal -of waste'shall be located closer than' 150 feet from the normal high water mark unless It Is proven by the appl.1cant that no effluent will immediately or gradually -reach -the wetland because of existing characteristics of the site or system. 2. Organic waste which would normally -be disposed of at a solid waste disposal site or which would normally be discharged into a sewage disposal system or sewer shall not be directly or Indirectly discharged to the wetland. 3. Stormwater runoff from -construction sites may be directed to the wetland only when substantially free of silt, debris and chemical pollutants and only at rates which will not disturb vegetation or increase turbidity. D. Building constraints. 1. The lowest floor level or basement least three feet above the ordinary wetlands. (ORD. 469 10-9-84) -67- elevation shall be at high water mark of the �. t.,.# ,�• "�t.. rr,Y ;I•iM.{Y1..F Appendix B 2. Development which';will result in unusual road maintenance costs 'or -utility 1 i ne breakages due to said limitations, • including' high frost action shall not be permitted. (ORD1.0 964) E. Vegetation. No wetland vegetation may be removed or altered except that reasonable required for the placement of structures and use of property. , Section 23.1135• Conditions:• A Permit may br-.approved subject to compliance with reasonable conditions which are specifically set forth in the Permit -and are necessary to insure compliance with the requirements contaified In this district. Such conditions may include butare not limited to the following: 1. Uinitation'of the size, kind or character of the proposed work. 2. Require the construction of other'structures. 3; Require replacement of -vegetation. 4. Establish required monitoring procedures and maintenance activity. 5. Stage the work beer time. 6. Require the alteration of the site design to ensure buffering. 7. Require the.provision of'a performance bond. 8. Require the conveyance to the City of Mound or another public entity of certain -lands or interest therein. The dimensional requirements of -the underlying zoning district(s) may be modified in furtherance of the purpose of this ordinance by express condition contained in the Permit.. . Section 23.1140. Time -of Permit. A'permittee shall begin the work authorized by the Permit within sixty 0 days from the date of issuance of the Permit unless a different. -date for the commencement of work is set forth In the Permit. The- permittee shall complete the work authorized by the Permit within the time limits. specified in.the Permit which in -no event shall exceed more than twelve (12) months from the date of issuance. The permittee shall notify the Building Official at least twenty-four (24) hours prior to commencement of work. Should the work not be commenced as specified herein, the Permit shall become void. A. Extensions.. if, prior to the date established for commencement of work, -the permittee makes written request to the City Manager or his disignated agent for an extension -of time to commence the work, setting forth the reasons for -the required extension, the administrator may grant such extension. B. Renewals. A permit which -has become void may be renewed at the, discretion of the City Council upon payment of a renewal fee. If the City Council does -not grant such renewal a Permit for such work maybe granted -only upon compliance with the. procedures herein established •for•an original application. C. Notice .of comp-letion.' A permittee shall notify the City Manager or his designated agent in writing when he has finished the work. No work.shall be deemed to have been completed until approved in writing by the City -Manager or his designated agent following. such written notification. -68- Appendix B —I D. Inspection. .The City may require inspections of the work to be • made. periodically during the course thereof by a member- of the • - City of Mound staff and -shall cause a final inspection to be** made following 'the completion.of the work. .The permittee shall. assist the administrator in making such inspections. Section 23.1'145. Responsibility: Effect. - A. Responsibility. Neither the issuance of a Permit nor compliance with the condttions thereof, nor -compliance with' this provisions of this ordInance•she 11 relieve any -persons from•any responsibility otherwise 'Imposed by law for damage to persons or, property. The Issuance of any. permit hereunder shal F not serve to impose any 1 i ab i i i ty on the City of Mound or Its officers -or employees for... injury or damage to persons or property.` A. Permit Issued' . .pursuant - to this -ordinance shall not relieve -the . permittee .of the responsibility -of complying with any other requirements . established by law, regulation or ordinance. B.. •Special assessment. The land within a designated -wetlands district .area for- which a- development. or other restrictive easement is conveyed to the City shall not be subject to special assessments levied'by.the City to pay, the costs -or puslic water, .sewer, .curb, gutter or other public municipal' Improvements 'for which such assessments a re. authorized•.pursuant to Minnesota Statutes Chapter 429. - C. Variance.- The City Council may,.authorize In specific cases �. fol lowing .appeal -and hearing- a variance from the provisions of this ordinance where the literal application of the ordinance would.result -In substantial inequitable hardship .to an applicant property owner. kn-assessing hardship the City Council'shall• balance the severity of the physical, social and economic effects .of the literal- application against- the .interests of the City in effecting the purposes of this ordinance as expressed above. Economic considerations.alone shall not constitute a hardship if a reasonable use for the property exists under the terms of the ordinance. ' No variance may be granted which would allow any.use' that is prohibited in the zoning district in which the subject property Is. -located.: A -variance shall be granted in writing accompanied by specific findings of fact as. to -the necessity for the grant of the -variance and its specific provisions. A variance request shall be processed in accordance with the provisions of Section 23.506 of the Mound -City Zoning Ordinance. Section 23.1150. fees. The City -Council may establish by ' resolution fees for-rezonings, variances, permits,. conditional use permits, special permits or other actions requiring administrative time or public expenditures under any section of the zoning ordinance. (Ord. #429 - 8-16-82) -69- MISSIOM.STATEMEMT CITY OF PLYMOUTH Plymouth - "a city in a country setting" - represents a unique, complementary blend of residential, business, industrial and open space. Comprising nearly 36 square miles, Plymouth is a growing second tier suburban community of almost 52,000 persons. Our natural amenities feature numerous lakes, marshes, ponds, woodlands and hills. The community boasts a strategic geographic location in the metropolitan area and is served by a well developed regional transportation system. To enhance our desirable natural environment, the government of Plymouth provides an appropriate level of services to its residents, business community and visitors at comparatively.reasonable costs. The City operates on a "lean staff philosophy" promoting performance principles coupled with merit compensation and retention of the best qualified performers. To complement personnel resources the City has adopted a philosophy of acquiring and maintaining modern, up-to-date date tools and capital equipment to accomplish city work objectives. The following objectives constitute the mission of the City of Plymouth: I. Suitable Housing and Environment - The City will promote the development of a variety of quality affordable housing for various income levels through the development approval process and through Housing and Redevelopment Authority activity. In addition to meeting the above criteria, residential developments are to harmoniously integrate with the natural environmental qualities of the community to provide for an impression of rural living in an urban setting. II. Economic Vitality - With the assistance of periodic analysis, the City will encourage the economic vitality through a diversified economic base, balanced commerce, industry and residential population, and the availability of a broad range of employment opportunities for residents and non-residents alike. In accomplishing this goal the City will promote efficient land use and the continued development and maintenance of a solid property tax base. III. Security - The City will enact, maintain and administer policies and ordinances which assure the safety and health of the individual and preservation of property consistent with maintaining quality of life in the community and protecting the natural living environment of Plymouth. IV. Access through Municipal Infrastructure - The City will promote orderly development through advanced planning for municipal water and sewer exten- sions, storm water drainage improvements and street roadway systems. This planning will be supplemented by fiscal analysis to assess and plan for the impact of extending new while replacing existing facilities. V. Human Development - A broad range of educational and learning, leisure time opportunities and experiences will be offered for residents in cooperation with other area agencies in utilizing available municipal buildings and recreation facilities. VI. Fiscal Resources - Long range fiscal planning, as well as monitoring of current fiscal activity, will be a continuing high priority. The careful management of fiscal resources will facilitate the City's ability to attain its objectives. ROBERT I. LANG ROGER A. PAULY DAVID H. GREGERSON* RICHARD F. ROSOW MARK J. JOHNSON JOSEPH A. NILAN JOHN W. LANG, CPA LEA M. De SOUZA JEFFREY C. APPELQUIST• JUDITH K. DUTCHER BARBARA M. ROSS WILLIAM R. MILLER LANG, PAULY & GREGERSON, LTD. ATTORNEYS AT LAW 4400 IDS CENTER 80 SOUTH EIGHTH STREET MINNEAPOLIS, MINNESOTA 55402 TELEPHONE: (612) 338-0755 FAX: (612) 349-6718 February 27, 1990 •Aho Amhmimd to F.ut= U. is wamsin Mr. Frank Boyles Assistant City Manager 3400 Plymouth Boulevard Plymouth, Minnesota 55447 EDEN PRAIRIE OFFICE SUITE 370 250 PRAIRIE CENTER DRIVE EDEN PRAIRIE; MINNESOTA 55344 (612) 829-735$ ; `; f� RE: Appeal of Medicine Lake Bus Company to UTMA Dear Mr. Boyles: Enclosed please find a copy of the Appeal of Medicine Lake Bus Company along with the letter sent to the MTC by UMTA. I was informed by MTC's attorney that the deadline for responses is March 14, 1990. . Southwest Metro Transit Commission intends to file a state- ment in support of the MTC's position that it is permitted to bid both its marginal and fully allocated costs. We feel that requiring the MTC to bid only fully allocated costs would arti- ficially inflate the costs of providing the service by the MTC and may eliminate them from competition with private providers. Our concern is that the lack of competition from the MTC could result in higher costs by private providers. I have been in contact with the City of Maple Grove and was advised they will file a statement in support of the MTC's posi- tion. As the decision by UMTA could have long term consequences for cities in the metropolitan area, and the City of Plymouth was mentioned in Medicine Lake's appeal, we felt you should be given an opportunity to respond. If you have any comments or questions, please, let me know. Sincerely, LANG, PAULY & GREGERSON, LTD. BY BMR/krj Barbara M. Ross Enclosure cc Beverley Miller f b2-27 Q US. Department of Transportation Urban Mass Transportation Administration Headquarters John Capell, Chief Administrator Metropolitan Transit Commission 560 Sixth Avenue North Minneapolis, Minnesota 55411-4398 Dear Mr. Capell: 400 7th Street S.W. Washington. D.C. 20590 Re: Medicine Lake Bus Company v. Metropolitan Transit Commission, MN -01/01/90 Please find enclosed a copy of a complaint filed with the Urban Mass Transportation Administration (UMTA) by the Medicine Lake Bus Company (Medicine Lake). The complaint alleges that the Metropolitan Transit Commission (MTC) has violated the private sector provisions of the Urban Mass Transportation Act of 1964, as amended (UMT Act), and the implementing guidance. The complaint specifically alleges that the MTC bid both its marginal and its fully allocated cost on a potential contract to provide service for the Southwest Metro Transit Commission (SMTC), and that the MTC was awarded the contract on a marginal cost basis. Medicine Lake contends that the MTC's entry into this contract on a marginal cost basis constitutes a use of its Federal subsidy to compete unfairly with private operators, in violation of Sections 3(e) and 8(e) of the UMT Act. UMTA finds that Medicine Lake's allegations state a complaint under UMTA's private sector policy. Under the procedure set out in UMTA's Private Sector Policy Notice, 49 Fed. Req. 41310 (October 22, 1984), and in UMTA Circular 7005.1, "Guidance on Documentation of Private Sector Participation in the Urban Mass Transportation Program," January 24, 1986, a complainant must exhaust his local dispute resolution process before filing a complaint with UMTA. Medicine Lake indicates that it has exhausted its local remedies. You will have thirty (30) days from receipt of this letter to file a response. The complainant will then have thirty (30) days to submit a rebuttal. UMTA will endeavor to issue a decision within thirty (30) days thereafter. 0 If both parties so request in writing, UMTA will shorten the time periods specified above in order to expedite this proceeding. Should you have any questions concerning this matter, you may address them to Rita Daguillard at 202/366-1936. Sincerely, Steven A. Diaz Chief Counsel Enclosure . cc: Edward U. Pluimer, Esq. Linda Hart, URO -5 030 PARK AVENUE NEW YOIIZ. NEW TORE 10022 ('--12).113-9200 1030 CONNECTICUT AVENUE. N. W. WABHCIGTON, D. C. 20036 (202)537-0700 0 GRACECIIURCH STREET LONDON EC3V OAT, ENGLAND 01-929-3334 36. RUE TRONCNET 73009 PARIS, FRANCE 01-42-66- 59-49 FAR EAST FINANCE CE%TER Zolfo KONG 852-3-66122533 DORSEY & WHITNEY A PA -ma HIP ["CLODS" Pscr 9OK" CMMISATwss 2-000 FIRST BANK PLACE EAST MINNEAPOLIS. MINNESOTA 55402 (612) 340-2600 TELEX 29-0603 fAX (612)340-2868 EDWARD J. PLUIMER (612)340-2973 January 12, 1990 Steven A. Diaz _ Chief Counsel Urban Mass Transportation Administration Room 9316 400 7th Street S.W. Washington, D.C. 20590 17167 "j . UCS' - 4 3410 FIRST NATIONAL EANX HUILDINO ROCHESTER, XINNE80TA 33903 (307)288-3156 313 FIRST NATIONAL HAYX HUILDINO WAYZATA, XINNEBOTA 33391 (612)473-0.773 WOO FIRST INTERSTATE CE\TER EILLINOS. XONTANA 39103 (406)252-3800 201 DAVIDSON BUILDING OREAT FALL8. XONTANA 39401 (406)727-3832 127 EAST FRONT STREET x188oULL,XON=NA 39802 (4061721-6025 Re: Medicine Lake Bus Company v. Metropolitan Transit Commission, and Southwest Metro Transit Commission Dear Mr. Diaz: Enclosed please find Medicine Lake Bus Company's Private Sector Appeal on the award of the Southwest Metro Transit Commission's Route 53 Express Transit Service contract to the Metropolitan Transit Commission. Although we were advised by Rita Daguillard that Medicine Lake Bus Company did not need to serve the Metropolitan Transit Commission and the Southwest Metro Transit Commission, we will forward - to counsel for the Respondents courtesy copies of Medicine Lake Bus Company's Appeal Brief without Exhibits. Ms. Daguillard indicated that UMTA will formally notify the Respondents of this Appeal and provide them with copies of Medicine Lake Bus Company's Appeal Brief and Exhibits. Very truly yours, Edward J. Pluimer EJP:cas Enclosure CC Michael D. Christenson, Esq. Roger Pauly, Esq. t In the Matter of: Medicine Lake Bus Company, Appellant, VS. • mj- j m Metropolitan Transit Commission; and Southwest Metro Transit Commission, Respondents. File No. APPEAL OF MEDICINE LAKE BUS COMPANY TO: Steven A. Diaz Chief Counsel Urban Mass Transportation Administration Room 9316 400 7th Street S.W. Washington, D.C. 20590 Medicine Lake Bus Company, for its Private Sector Appeal before the Urban Mass Transportation Administration, alleges as follows: INTRODUCTION This dispute implicates the fundamental policies of the Urban Mass Transportation Act ("Act"), 15 U.S.C. § 1601, and of the Urban Mass Transportation Administration C UMTA" ). UMTA's decision in this case will play a pivotal role in defining the extent of private enterprise participation in the mass transportation market. The Regional Transit Board ("RTB" ), the agency empowered with final authority over mass transportation matters in Minnesota, has interpreted UMTA policy to permit the award of mass transit contracts to federal funds recipients on a - =F CP marginal cost basis. This interpretation is untenable. It erodes the very underpinnings of the Act, which prohibits the use of federal funds to hinder the t, maximum participation of private enterprise in the mass transportation procurement process. - UMTA must send a clear message to federal funds recipients that they must bid, and enter into, mass transportation contracts only on a fully - allocated cost basis. This message will steer the RTB, as well as its sister agencies in other states, into adopting mass transportation procurement guidelines which are consistent with and will further federal policy. It will also dispose of the purported ambiguities currently relied on by federal funds recipients in their efforts to circumvent the mandates of UMTA guidance and to gain an unfair competitive advantage over private enterprise. For these reasons, Medicine Lake requests that �- UMTA review this dispute. In particular, Medicine Lake requests that UMTA: (1) find that according to UMTA policy, the Metropolitan Transit Commission ("MTC") should have bid only its fully -allocated costs when competing against private transit companies for the Southwest Metro Transit Commission ("SMTC") Route 53 service; (2) find that according to UMTA policy, the MTC can contract for the SMTC Route 53 service only on a fully -allocated cost basis; (3) find that according to UMTA policy, the MTC must disclose to Medicine Lake, or a neutral third -party, the financial information necessary to verify the accuracy of the MTC's fully -allocated cost bids for the SMTC Route 53 service; 2 (4) order this dispute remanded to the RTB for further proceedings _ consistent with these findings; (5) withhold UMTA funds from the MTC or, take such other action as may be necessary to ensure compliance with this order; (6) alternatively, if UMTA finds, for any reason, it lacks jurisdiction over this dispute, that UMTA treat this Appeal as a request for an advisory opinion on the issues raised by questions (1), (2) and (3); and (7) provide any further relief UMTA may deem just and equitable. Attached as Exhibits to and made part of this appeal are Medicine Lake Bus Company' submissions to the Southwest Metro Transit Commission, the Transit Dispute Resolution Board and the Regional Transit Board, relating to these t issues. Medicine Lake Bus Company incorporates in this Appeal the arguments and contentions made previously and reflected in the Exhibits. BACKGROUND On April 20, 1989, the Southwest Metro Transit Commission ("SMTC") initiated the procurement process for the Route 53 Express Transit Service for the cities of Eden Prairie, Chaska and Chanhassen, Minnesota.. See Exhibit B at p. 2. The terms of the bidding and award of the Route 53 contract are the subject of this Appeal. All parties involved in this dispute, except Medicine Lake Bus Company ("Medicine Lake"), are direct or indirect UMTA beneficiaries. The MTC receives substantial funding from UMTA for operating and capital costs. UMTA funds are used to subsidize the MTC's buses and facilities. The RTB is also a significant 3 recipient of UMTA funds. And the SMTC is an indirect UMTA recipient because the SMTC currently receives UMTA-subsidized service (through the MTC) for the Route 53 service, and because the SMTC will undoubtedly benefit from the UMTA funds received by the MTC if permitted to contract with the MTC at a marginal cost basis. See Exhibit G at p. 1; May 6, 1988 letter from Alfred A. DelliBovi, UMTA Administrator to Elliot Perovich, RTB Chairperson, attached at Exhibit D, tab 9 (stating that UMTA considers the SMTC service to be federally subsidized); Exhibit F at p. 4. On August 7, 1989, the SMTC received proposals from Medicine Lake and the MTC. The MTC submitted both fully -allocated and marginal cost proposals. On August 17, 1989, the SMTC awarded the Route 53 contract to the MTC pursuant r to the MTC's marginal cost bid. See Exhibit B at pp. 4-6. On August 24, 1989, Medicine Lake filed a formal protest with the SMTC, as required by the RTB's local transit dispute resolution process. See Exhibit A. On October 2, 1989, the SMTC affirmed the award of the Route 53 contract to the MTC at its marginal cost. The SMTC's opinion is attached as Exhibit B. On October 12, 1989, Medicine Lake requested a hearing before the Transit Dispute Resolution Board ("Board") to appeal the SMTC's decision. See Exhibit C. The Board renders recommendations to the RTB on transit dispute matters. Medicine Lake argued that the bidding and award of the Route 53 contract on a marginal cost basis violated the Urban Mass Transportation Act and UMTA . guidance. Medicine Lake also disputed the accuracy of the MTC's bids and requested 4 that the Board remand that question to the SMTC, and require the MTC to disclose to Medicine Lake, or a neutral third -party, the financial information necessary to verify whether the MTC's bids reflected the MTC's true costs.l On November 6, 1989, the Board heard Medicine Lake's appeal. On that date, Medicine Lake submitted the materials attached as Exhibits D and E. The Board allowed the parties to submit supplemental materials. Medicine Lake's supplemental submission is attached as Exhibit F. On November 28,1989, the Board recommended that the RTB affirm the SMTC's decision to award the Route 53 contract on a marginal cost basis. See Exhibit G. The Board agreed not to consider, at that time, Medicine Lake's factual dispute (the accuracy of the MTC bids), but failed to remand the question to the SMTC. On November 30, 1989, the RTB Policy Committee recommended adoption of the Board's decision. See Exhibit H. On December 18, 1989, the RTB formally affirmed the decision of the SMTC to award the Route 53 contract to the MTC on a marginal cost basis. The minutes of the meeting, certified on January 2, 1990, are attached as Exhibit I. The RTB's decision exhausted Medicine Lake's 1 Medicine Lake also argued that the SMTC's actions violated RTB Guidelines. See Exhibits D, E and F. This issue is not directly before UMTA. It should be noted, however, that it is the RTB's apparent purpose to make its Guidelines consistent with UMTA policy. See Exhibit D at tab 7. In this regard, the Transit Dispute Resolution Board's recommendation for more specific RTB Guidelines and the current contemplated revision by the RTB of the Guidelines further underscore the necessity of Medicine Lake's Appeal and of UMTA's expedited intervention in this matter. See Exhibit G at pp. 4-5. 5 administrative remedies, prior to this request that UMTA review and set aside the challenged action. REQUEST FOR AN EXPEDITED UMTA REVIEW Medicine Lake requests that UMTA review this appeal on an expedited basis for the following reasons: First, the Route 53 service was to commence on January 2, 1990, the expiration date of the SMTC's current contract with the MTC.2 Secondly, the RTB is about to revise the marginal/fully-allocated cost provisions of its Guidelines for the Competitive Procurement of Transit Service (excerpts attached at Exhibit D, tab 7), pursuant to the Board's recommendation that these need to be defined more specifically. Third, the SMTC's decision to accept alternative marginal cost bids and award a contract on a marginal cost basis was not an isolated event. The question continues to arise in a number of other situations, resulting in further violations of federal policy. For example, on December 18, 1989, the City of Maple Grove, Minnesota, decided to contract with the MTC, based on the MTC's marginal cost proposal, to provide transit services to commence on April 1, 1990. The MTC's marginal cost proposal was the lowest bid. However, Medicine Lake submitted two proposals which were both lower than the MTC's fully -allocated cost proposal. Medicine Lake is currently appealing through the local process the City of Maple Grove's acceptance of the MTC's marginal cost bid. See Exhibit J. Likewise, the staff 2 Because of the bid verification question, Medicine Lake suggested that the current SMTC-MTC contract for Route 53 service be extended for a period long enough to permit bid verification. See Exhibit F at pp. 5-6. This request was denied. 6 of the City of Plymouth, Minnesota, has recommended awarding a transit contract to the MTC based on a marginal cost bid. In response to Medicine Lake's objection that such an award would violate the Urban Mass Transportation Act and UMTA guidance, the City of Plymouth staff specifically noted: The Dispute Resolution Board, and advisory body of the RTB, has found that marginal cost proposals may be considered. Southwest Metro [the SMTC] has recently awarded a contract [to the] MTC on the basis of the marginal cost proposal. Service under the City of Plymouth contract is also due to begin on April 1, 1990. See Exhibit J. The snowball effect of the Board's decision warrants expedited UMTA review. ARGUMENT L According to UMTA policy, the MTC should have bid only its fully - allocated costs when comPetine for the SMTC Route 3 ervice. The MTC submitted alternative and independent marginal cost bids and fully -allocated cost bids to the SMTC for the Route 53 service. Medicine Lake argued that the submission of marginal cost bids, taking advantage of federal subsidies, created an unfair competitive advantage in favor of the MTC. See Exhibit D at tab 1; Exhibit E at pp. 1-6. The MTC's position, adopted by the Board, was that while the MTC was required to submit a fully -allocated cost proposal, it was not precluded from also submitting marginal cost proposals, and it was not precluded from entering into a contract on a marginal cost basis. The Board's decision notes that "UMTA rules require 'fully -allocated cost' bids" (emphasis added). However, the Board, rather inconsistently, also stated, immediately thereafter: 7 In this case, the MTC did disclose its fully -allocated costs .r• - and, under the circumstances, the [Board] finds that this satisfies the spirit of the fully -allocated cost proposal and "bid" requirements. See Exhibit G at p. 2 (emphasis added).- It is one thing to say that all proposals must be fully -allocated. It is quite another to say that some proposals must be fully - allocated and that other alternative proposals may be submitted on a marginal cost basis. In the second instance, the bid -requesting party is given the alternative of choosing between marginal cost bids and fully -allocated cost bids. This alternative does not exist in the first instance. It is this ability to chose between marginal and fully -allocated costs that taints the whole bidding process, is unfair to private enterprise, and is contrary to federal policy. Under UMTA guidance, the MTC should have submitted only fully -allocated proposals to the SMTC, and can enter l . into a transit contract only on a fully -allocated cost basis. Common sense instructs that an UMTA recipient's submission of a marginal cost proposal precludes any serious consideration of the UMTA recipient's higher, fully -allocated cost proposal by the party requesting proposals. It is unrealistic to think that a bidder's real bid -- and the one considered most carefully -- is anything other than its low bid. For the Route 53 service, the MTC's marginal cost proposal for Option 2 was $651,721 for the first year, and its alternative fully - allocated cost proposal was $856,452. Over the 3 -year term of the contract, the difference between the MTC's marginal and fully -allocated cost proposals was almost $615,000. The existence of the alternative marginal cost bid makes the consideration of the fully -allocated cost proposal merely illusory. Chi The Respondents attempted to dispose of the problem by stating that both the MTC's marginal cost and fully -allocated cost bids were lower than Medicine Lake's bids.3 The Respondents' position does not avoid, but instead merely delayed the issue. As noted above, this problem has re=surfaced in the current City of Maple Grove and City of Plymouth bid procurement. To illustrate, the MTC and Medicine Lake proposals for combined service are as follows (for the three year period); MTC Marginal Cost ....................... $4,247254 Medicine Lake Option #1 .................. $4,495,246 Medicine Lake Option #2 .................. $4,567,746 MTC Fully -allocated Cost ................... $5,337,660 In light of the MTC's marginal cosf proposal, there is no reason why the City of Maple Grove and ' the City of Plymouth should seriously consider MTC's fully - allocated cost proposal. Further, the City of Maple Grove admits that it "cannot afford" the MTC's fully -allocated cost bid. See Exhibit J. If the MTC were to follow UMTA policy and not submit a marginal cost bid, it is clear that Medicine Lake's proposals would be accepted. Under federal law and UMTA policy, the MTC should have submitted, and entered into contracts based upon, only fully -allocated cost proposals when in competition with a private provider. Section 3(e) of the Urban Mass Transportation 3 This argument fails because the inclusion of MTC's marginal cost bid tainted the entire process envisioned by federal policy. The Board cannot by postcript attempt to correct the unfair competitive environment into which Medicine Lake was forced by the MTC's submission of an alternative marginal cost bid. Moreover, this argument assumes the accuracy of the figures submitted by the MTC. Medicine Lake's challenge to the accuracy of the MTC's proposals and the need for verification was conveniently rejected. 9 = (P Act, 15 U.S.C. § 1601, prohibits the use of federal funds to hinder the maximum participation of private enterprise in the mass transportation bidding market. See Exhibit D at tab 5. This prohibition reflects the federal policy that local decisionmakers should "fully and fairly consider the private sector's capacity to provide needed transportation services." See 49 Federal Register, No. 205, p. 41311 (1984), Exhibit D at tab 6. Medicine Lake's competing proposals cannot be fully and fairly considered when juxtaposed with bids from the MTC that take unfair advantage of federal funds to underbid Medicine Lake. The UMTA decision in In the Matter of Yellow Cab Co. v. TAUNT, Inc., dated June 30, 1988, specifically states at page 9: UMTA holds that when an [UMTA] recipient bids on service requested by third parties, the recipient must bid its fully -allocated costs if the provision of that service will involve the use of UMTA assistance. See Exhibit D at tab 4; see also letter from A. DelliBovi, -UMTA Administrator, to Philip A. McGuire, Director of Transit Marketing, Laidlaw Transit, Inc. dated, January 3, 1989, Exhibit D at tab 3. In this case, the MTC had ample notice of UMTA's policy, and deliberately chose to ignore it. After learning that the MTC had submitted marginal cost proposals to the SMTC, Joel P. Ettinger, UMTA Chief Director, wrote to John Capell, MTC Chief Administrator, on October 13, 1989, and reiterated earlier advice to the MTC that UMTA's policy is that "grantees must bid only their fully -allocated costs when competing to provide services to third parties." See Exhibit D at tab 2 (emphasis added). Alfred A. DelliBovi, had written earlier to Elliot Perovich, RTB Chairman, on May 6, 1988, and stated: 10 Since the MTC's equipment and facilities are funded by UMTA, we consider the SMTC service to be federally subsidized. By being federally subsidized and not showing fully allocated costs in their bids, the MTC has an unfair advantage over the private sector, is in direct competition with the private sector and violates UMTA Private Sector Policy. See Exhibit D at tab 9. On December 9, 1986, Elliot Perovich, RTB Chairman, admitted in a letter to Joel P. Ettinger, UMTA administrator, that "the MTC, as a federal grant recipient, should have been aware of UMTA Private Sector Policy and should have represented its fully allocated costs to [the SMTC]. The MTC acknowledges that it did not count the 80 -percent federal share cost for vehicles and facilities in its bids." See Exhibit F (emphasis added). Mr. DelliBovi did not instruct Mr. Perovich that the MTC needed to show fully -allocated costs in only some of its bids. Nevertheless, the Board's decision concludes that the "real t. problem in this area is the vagueness" of UMTA policies. See Exhibit G at p. 3. UMTA must again indicate that the MTC's submission of marginal cost bids violated UMTA policy and dispose of this purported "vagueness", which is nothing but an attempt to utilize federal subsidies to keep private providers out of the local mass transportation market. L According to UMTA policy, the MTC can contract for the SMTC Route rvice only on afully-allocated cost bac is Medicine Lake also disputed the award of the Route 53 contract to the MTC on a marginal cost basis, as contrary to UMTA policy. The requirement that the MTC bid only its fully -allocated costs necessarily implies that the MTC also be required to contract on a fully -allocated basis. The Board held that "UMTA has sent 11 out mixed signals on this issue, never really clarifying its position." See Exhibit G at p. 3. The Board's decision was based on the Board's finding that there "apparently" =4 is no written UMTA policy on this point. Id. This focus was initially raised in the MTC brief to the Board, dated November 3, 1989, and later by the MTC *at the hearing. The MTC stated that on November 1, 1989, its counsel had contacted Rita Daguillard, an UMTA attorney -advisor based at Washington, D.C., and the MTC alleged that she stated: "We [UMTA] don't have, at this point, a specific written policy on the issue of whether a grantee which bids fully -allocated costs must also contract on the basis of fully -allocated costs". However, the MTC misled the Board through selective disclosure. On November 3, 1989, Medicine Lake's counsel also contacted Ms. Daguillard. She .e indicated that she told MTC's counsel that UMTA did not have a specific written policy on the issue. However, in all fairness to Ms. Daguillard, MTC's counsel should have also mentioned that Ms. Daguillard further told MTC's counsel that it was UMTA's policy that the grantee's contract be awarded only on a fully -allocated cost basis. The full substance of Ms. Daguillard's conversation was described to the Board by Medicine Lake counsel, see Exhibit E at p. 6, but to no avail. The Board subsequently limited the discussion of this issue to a discussion regarding the wisdom of UMTA's policy, which is irrelevant at the local level. 5ee Exhibit G at pp. 2-4. The Board completely failed to realize that as a matter of law, it must defer to UMTA's interpretation of the Urban Mass Transportation Act. See Chevron v. National Resources Defense Council, 467 U.S. 837,843-845 (1984). The Respondents 12 cannot be permitted to use the local process to challenge and judge the wisdom of UMTA policy. See, Exhibit F at pp. 3-4. Nevertheless, even if UMTA policy is now re-examined pursuant to this Appeal, Medicine Lake's interpretation must still prevail. The requirements that UMTA recipients bid only fully -allocated costs and enter only into fully - allocated cost contracts are necessarily intertwined, and cannot be separated. As a practical matter, it would make no sense to find that UMTA recipients must bid only their fully -allocated costs but can enter into contracts on a marginal cost basis. If the breakdown of the fully -allocated cost bid discloses the amount of the federal subsidy, as the Board suggested, see Exhibit G at p. 3, then it potentially permits a forecast of the marginal cost of the bid. If the bid -requesting party knows that it can award the contract on a marginal cost basis, then the private enterprise competitor is necessarily confronted with an unfair bid -procurement situation: the bid -requesting party could "accept" the fund recipient's fully -allocated cost bid, but then contract on the lower forecasted marginal cost, practically ignoring the fully -allocated bid. On the other hand, if the UMTA recipient can only contract on a fully -allocated cost basis, the bid -requesting party's forecast of the marginal cost bid becomes completely irrelevant -- because the option to contract on a marginal cost basis simply does not exist. The requirement that the UMTA reipient contract only on a fully -allocated cost basis is necessary for the full and fair consideration of private enterprise participation by local decisionmakers. 13 - The Board also reasoned that requiring the MTC to contract on a fully - allocated basis would permit the MTC to "squander" federal subsidies, because "a number of the fully -allocated costs contained in the bid' will already have been funded and need not be recovered under the service contract." See Exhibit G at pp. 3- 4. The Board's fears that the MTC would somehow realize undue "profits" are unfounded. The MTC's operating costs are not fixed, and hence the amounts of federal and state subsidies need to be periodically reconsidered. The revenue, which the Board would consider a "profit", would be factored into subsidy calculations and serve to decrease future funding assistance. In addition, this is not a situation where federal funds could be readily converted to MTC "profits". UMTA funding to the MTC consists of more than operating dollars. The MTC's buses and facilities are funded by UMTA. UMTA retains an 80% security on their liquidation value. See, letter from Elliot Perovich, RTB Chairperson, to Joel P. Ettinger, UMTA Regional Administrator, dated December 9, 1986, attached at Exhibit F. Because UMTA subsidy dollars are disseminated throughout the MTC's operation, it becomes particularly important that the MTC contract only on a fully -allocated basis. Otherwise, the MTC, and like agencies with large core operations, would have considerable potential for keeping proposals low when competing with private providers for peripheral operations, and masking their higher true costs in their core operations budget. See Exhibit K. This permits UMTA grantees to use federal funds as an unfair competitive weapon against private enterprise. Requiring UMTA grantees to contract only on a fully -allocated basis is needed to assure that 14 =- UMTA funds are not used to hinder the maximum participation of private enterprise in the mass transit market. III The MTC must disclose to Medicine Lake, or a neutral third -party, the financial information necessary to verify the accuracy of the MTC's lly-allocated cost bids for the SMTC Route S3 SPTyice Medicine Lake requested that the MTC disclose to Medicine Lake, or to a neutral third -party, the financial information necessary to verify the accuracy of the MTC's fully -allocated bids. Because of the MTC's refusal to release this information, Medicine Lake argued before the Board that the issue was not ready for Board review at that time, but that the question should be remanded to the SMTC and that a fair process for the verification of MTC's bids needed to be established. See Exhibit G at pp. 9-10; Exhibit F at p. 1. The Board agreed that the verification i issue was not ready for the Board's review, but otherwise ignored it. It is within the Power of UMTA to aid Medicine Lake in requesting MTC bid verification. UMTA is the agency "obligated to ensure that local decisionmakers fully and fairly consider the private sector's capacity to provide needed transportation services." Federal Register, No. 205, p. 41311 (1984) (emphasis added). And pursuant to JAUNT this constitutes a situation where UMTA must consider .the specifics of the local process and ensure that UMTA guidance is correctly articulated and applied. See TAUNT at p. 6, Exhibit D at tab 4. A fair verification process is crucial, because verification permits evaluation of the UMTA grantee's actual compliance with the Urban Mass Transportation Act. 15 U Complying with the statutory mandate of full and fair consideration of private enterprise in the mass transportation market requires that federal subsidies not be used to oust private providers from the market. UMTA has already made it clear that UMTA recipients must compete with private providers only on the basis of fully -allocated costs. Where, as in this case, the UMTA recipient submits marginal cost bids and is permitted to enter into transit contracts on a marginal cost basis, both the Urban Mass Transportation Act and UMTA guidance have been disregarded. UMTA should not permit what has occurred in this case. Moreover, a fair method of verifying the UMTA recipient's bid must be established, to evaluate both the accuracy of the numbers submitted and the extent of the UMTA recipient's .compliance with federal fully -allocated cost policy. Medicine Lake Bus Company c hereby respectfully requests that the Urban Mass Transportation Administration make the findings and grant the relief requested in this Appeal. Dated: January 12, 1990. 16 DORSEY & WHITNE By Edward J. Pluimer And 1ZW e' uan C. Baso�io First Bank Place East Minneapolis, Minnesota 55402 Telephone: (612) 340-2600 Attorneys for Appellant Medicine Lake Bus Company • _ AL1.:_��� �_ A. Letter from James A. Johnson, V.P. Sales and Marketing, Medicine Lake Bus Company, to Beverly Miller, Administrator, Southwest Metro Transit Commission, dated August 24, 1989. B. Decision by the Southwest'Metro Transit Commission on the formal protest by Medicine Lake Bus Company of the award of the Route 53 Express Transit Service to the Metropolitan Transit Commission, dated October 2, 1989. C. Letter from James A. Johnson, V.P. Sales and Marketing, Medicine Lake Bus Company, to Natalio Diaz, Metropolitan Council, dated October 12,1989. D. Submission of Medicine Lake Bus Company to the Transit Dispute Resolution Board for the November 6, 1989 hearing, with exhibits. E. Medicine Lake Bus Company's Memorandum of Position submitted to the Transit Dispute Resolution Board, at the November 6,.1989 hearing. F. Medicine Lake Bus Company's Supplemental Memorandum, with correspondence attachments submitted to the Transit Dispute Resolution Board, pursuant to the Board's instructions at the November 6, 1989 hearing permitting supplemental submission by the parties. G. Decision of the Transit Dispute Resolution Board in the Appeal by Medicine Lake Bus Company regarding the Southwest Metro Transit Commission's award of the Route 53 contract to the Metropolitan Transit Commission, dated November 28, 1989. H. Recommendation of the Regional Transit Board Policy Committee, on the Transit Dispute Resolution Board's decision, to the Regional Transit Board, dated November 30,1989. 1. Letter from Mary Fitzgerald, Secretary of the Board, Regional Transit Board, to Juan Basombrio, Esq., Dorsey & Whitney, Medicine Lake Bus Company's Counsel, dated January 3, 1990; with attached certified minutes of the Regional Transit Board's December 18, 1989 meeting, dated January 2, 1990. J. Letter from Diane Dolan, Transportation Coordinator, City of Maple Grove to James A. Johnson, V.P. Sales and Marketing, Medicine Lake Bus Company, dated December 14, 1989; with City of Maple Grove's Request for Council Action, dated December 18,1989. Letter from Frank Boyles, Assistant City Manager, City of Plymouth, to James A. Johnson, V.P. Sales and Marketing, Medicine Lake Bus Company, dated December 7, 1989; with Memorandum from Frank Boyles to James G. Willis, Q.� 1a � Ri,�•yF 'fin '41' +"r^ya :,tn .," Ir4. City Manager, City of Plymouth, dated December 7, 1989, with selected attachment: -Combined service bid proposals for the cities of Maple Grove and Plymouth. K. Article from the Plymouth Post, Plymouth, Minnesota published the week of December 18,1989. 2 February 28, 1990 Sally and Bernie Edstrom 17215 27th Avenue No. Plymouth, MN 55447 SUBJECT: DOG ORDINANCE Dear Mr. & Mrs.' Edstrom: Thank you for providing me with a copy of the model dog ordinance and the minutes from your Chelsea Woods meetings. I have forwarded these materials to the City Council so that they can consider whether or not they wish to consider revisions to the Plymouth City Code. I will be providing the City Council with the information you supplied on Friday, March 2. They may discuss this matter informally at the March 5 meeting, or may wish to receive additional input from you at the March 19 forum or meeting. I will let you know their plans the week of March 5. For your information, I am attaching paragraphs which the received with your material introducing them to your proposal. if you have questions, my telephone number is 550-5013. ?r FB: jm cc: 'Mayor & City Council City Council Let me know 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 CHELSEA WOODS DOG OWNERS MEETING: THURSDAY JAN. 11, 1990 PLACE; WAKEFIELD RESIDENCE INTRODUCTIONS: JUDY MEYERAAN - CHELSEA WOODS BOARD MEMBER LIBBY FAIRCHILD MARILYN HUNTER BETTE DAWN MORROW CAROLYN DAHL JEFFERY MARTIN ROBIN MARTIN ROSEMARY HAUGE BRUCE ENSTAD BERNIE JACOBSON DAWN JACOBSON JOE TAYLOR MARY LINDGREN SALLY EDSTROM - ORGANIZER BERNIE EDSTROM HOOTIE WAKEFIELD - ORGANIZER SAM WAI--'EF'I ELD DOG OWNERS CONCERNS: GENERAL DISCUSSION 1. FECES: _.. . DROPPINGS ON THE TRAILS SEEM TO HAVE INCREASED. BUT PROBABLY DUE TO MELTING SNOW. ALL AGREE THAT DOG OWNERS SHOULD BE RESPONSIBLE FOR PICKING UP AFTER THEIR DOGS, RECEPTACLES PLACED BY TRAILS WAS DISCUSSED BUT THIS COULD BE A MAINTENANCE PROBLEM. ONE OF THE PROBLEMS COULD BE NON - CHELSEA RESIDENTS WALKING THEIR DOGS, PERHAPS SIGNS AT THE ENTRANCE TO CHELSEA WOODS AND TO TRAILS COULD HELP ALLEVIATE THIS PROBLEM. . JUDY WILL CHECK WITH THE BOARD AS TO WHAT OTHER COMMUNITIES HAVE DONE TO SOLVE THIS PROBLEM. 2. DOGS RUNNING LOOSE: . DOGS HAVE BEEN SEEN'RUNNING LOOSE WITH NO OWNERS IN SIGHT. WHILE SOME OF THESE ARE KNOWN CHELSEA WOODS OFFENDERS, OTHERS SEEM TO BE COMING FROM OUTSIDE CHELSEA WOODS. 3. DOG OWNERS: . DOG COMPLAINTS ARE CERTAINLY JUSTIFIED IN SOME CASES, JUDY SAID THAT UPON RECEIVING COMPLAINTS AND TALKING TO SOME OF THE DOG OWNERS IT HAS NOT ALWAYS ACCOMPLISHED OR SOLVED ANYTHING. . IT WAS FELT THAT A FEW NEGLIGENT DOG OWNERS CAN CREATE PROBLEMS AND SET A NEGATIVE IMAGE FOR THE REST OF THE'DOG OWNERS WHO TRY TO BE RESPONSIBLE. ._A DOG OWNERS NOT FAIRLY REPRESENTED: . IT WAS FELT THAT COMPLAINTS AND COMMENTS BY NON -DOG OWNERS ARE OFTEN NOT JUSTIFIED, MANY FELT THAT THE SITUATION WAS SAD ENOUGH THAT THEY WANTED TO MOVE'OUT OF CHELSEA WOODS. . ANONYMOUS COMPLAINT FORM WAS DISCUSSED. IT WAS FELT THAT THE PROPER WAY TO HANDLE ANY DOG COMPLAINTS WAS NEIGHBOR TO NEIGHBOR. IN FACT WHEN CONTACTING THE DOG OWNERS BY PHONE, MANY STATED THAT WHEN THEIR NEIGHBORS TOLD THEM THERE WAS A PROBLEM THEY CORRECTED IT, WHEREAS THE ONES THAT HAD BEEN REPORTED ANONYMOUSLY WERE ANGRY WITH THE METHOD USED. CONSENSUS WAS THAI' THE ANONYMOUS COMPLAINT FORM DISCOURAGES COMMUNICATION BETWEEN NEIGHBORS, AND THAT NEIGHBORS NEED TO LEARN TO APPROACH EACH OTHER IN A FAIR AND POSITIVE MANNER. . IT WAS AGREED THAT THE DOG OWNERS SHOULD BE MORE ACTIVE IN THE ASSOCIATION, A GOOD START WOULD BE BY ATTENDING THE BOARD MEETINGS THE THIRD TUESDAY OF EACH MONTH, CALLING JUDY BEFORE_ HAND IF THEY WISHED TO BE PLACED ON THE AGENDA, AND ALSO CONSIDER SERVING AS A MEMBER OF THE BOARD. . STUDIES DONE ON THE POSITIVE INTERACTION BETWEEN PEOPLE AND DOGS DISTRIBUTED BY THE ANIMAL HUMANE SOCIETY WAS PASSED OUT. IT WAS AGREED THAT THIS TYPE OF GOOD PUBLICITY WAS NEEDED IN THE CHELSEA WOODS NEWSLETTER. CHELSEA WOODS REGULATIONS/PLYMOUTH ORDINANCE: . CHELSEA WOODS QUOTES CITY OF PLYMOUTH ORDINANCE STAND ON ANIMALS IN THEIR RULES AND REGULATIONS BUT THE WORDING IS DIFFERENT IN REGARD TO DOGS UNDER CONTROL ON PRIVATE PROPERTY. JUDY WILL BRING THIS TO THE BOARDS ATTENTION. . THERE SHOULD BE AN AREA IN THE COMMON GROUNDS WHERE DOGS COULD BE OFF THEIR LEASH BUT UNDER THE OWNERS COMMAND FOR THE PURPOSE OF PRACTICING DOG OBEDIENCE. . A MODEL DOG ORDINANCE PUT OUT BY THE MINNESOTA BREEDERS ASSOCIATION THAT HAS BEEN ADOPTED BY OTHER COMMUNITIES WAS PASSED AROUND ALONG WITH THE PLYMOUTH DOG ORDINANCE FOR COMPARISON. A COPY OF THIS ORDINANCE WILL BE SENT TO THE ASSISTANT CITY MANAGER OF PLYMOUTH WHO EXPRESSED AN INTEREST IN SEEING IT. POSSIBLE FUTURE OBJECTIVES: . NEIGHBORS COMPLAINING ABOUT NEIGHBORS ANONYMOUSLY DOES NOT PROMOTE GOODWILL IN A NEIGHBORHOOD, OTHER WAYS SHOULD BE t_OOt-*'ED INTO. . SOME EXPRESSED INTEREST IN HELPING TO TRY TO REVISE AND UPDATE THE PLYMOUTH DOG ORDINANCE. . IT WAS SUGGESTED THAT AN ANNUAL MEETING OF THE CHELSEA WOODS DOG OWNERS BE PLANNED FOR PRIOR TO THE ANNUAL MEETING OF THE ASSOCIATION. I - i Kev.. May .l9z . D MINNESOTA •PUREBRED .DOG -BREEDERS ASSOCIATION.: MODEL DOG ORDINANCE ' . . DEFINITIONS -- -The .following ;terms.,shall mean:. A. r . OWNER = The term ."owner" shall ' mean any person, grow of persons or corporation owning,. keeping, harboring, having charge or control.of, or permitting any dog or habitually be -Jet. or remain on or be lodged or fed within such person s house, yard or premises for a period of five days or longer. This `~ term shall not apply to veterinarians or kennel operators temporarily maintaining. .on.their premises.dogs•owned by others. B: OWN -term-."own" j The unless .otherwise specified shall be deemed to mean keep, harbor, have control, charge or custody of a dog for a period of five days or longer. This 'term shall not % apply to veterinar. ans---or kennel owners tem- porarily maintaining on their.premises dogs owned by others. C. DOG - The term "dog" shall apply to a canine animal, male or female, altered or. unaltered.,:. .D.. STRAY - Any unlicensed dog,the owner of *which is unknown which is at large. , .., : , E..•• AT LARGE - a dog is ."at large" when it .is off the property of his owner and not under .restraint. F. RESTRAINT - A dog is under "restraint" within the meaning of this ordinance if he is controlled by a leash Dx by a petent•.so and immediately obedient to tha man or within. -a vehicle being driven* or parked .on the streets or. within.the property limits.of its owner.. G.. NUISANCE DOG - Any dog .which -by frequent' and habitual howl- ing,. yelping,,:barking,:or .other, shall cause seftotis an= 4e�. noyance or disturbance to•.persons or to a neighborhood, P --t provided -that the provisions of this ordinance shall not apply to'duly authdrized. ihospitals or clinics conducted for .the treatment of small ..animals.,. No person shall be con- victed under,, the provisions of the ordinance except upon eyevidence of Cfouurr or more persons, each of a different �.o household,. and no warrant shall -be issued except after writ-. -ten notice has been* mailed or: delivered to the occupant of the premises where such a dog is kept, or harbored, advising that a complaint has been made about such a dog and calling attention to the provisions of this ordinance. 1 H. DANGEROUSDOG - Any dog which constitutes a"physical. threat, to human beings or other'domestic animals by virtue of a. known his.tory to ,endanger life by an unprovoked assault or bite so as to cause - 'serious bodily harm. A dog, . trained, owned or harbored for the purpose, primarily or.in.'" part, of dog fighting. EXCEPTIONS: A dog ' shall not be deemed dangerous if: 1)*' it bites,' -attacks or menaces (a) anyone assaulting the .owner, or (b) a trespasser on the c- ro or (c) any person or other animal who has tormented or abused it, or. 2) it is otherwise acting in defense of an attack from a person or other animal upon the owner.or other person or 3) it is protecting.or-defending Its young or other.animal. _ I. ABUSED DOG = 1) Any dog which is mistreated, beaten, tor- mented -or teased, or 2) is deprived . of potable Mater' or, food or;' shelter, or 3) is kept under unhealthy condi- tions, or 4) is abandoned, or -5)t is trained -for fighting other dogs. ' J. . GUARD DOG -'Any dog which has,been tr.ained.to attack persons independently or upon command* CN 63 • ' K. PROPER ENCLOSURE - Means a.fence or structure of suitable height, forming or causing an enclosure suitable to prevent the entry of. any young children. Such enclosure shall be locked and shall be designed with secure sides to prevent the dog from escaping from the enclosure. L. RESIDENTIAL'/ -INDIVIDUAL KENNEL - The term "individual" means a place where no more than three dogs over -six months of age are kept on the premised which are zoned and occupied { for residential purposes. M. RESIDENTIAL / HOBBY KENNEL'- The term "residential/hobby kennel" -means a place where more than three dogs over six(, months of age are kept on the premises which are zoned and �l occupied for residential purposes; and where the keeping, breeding and selling of such animals is incidental to' the t occupancy of the premises for residential purposes, and is not the primary source of income. N. PRIVATE KENNEL - *The term "private kennel" means a place where more than three dogs over the age of six months are kept'and•where the business .of selling,. boarding, breeding, grooming or training dogs is conducted, and where the keep- ing of such animals is incidental to the occupancy of the premises for residential purposes, and is not the primary. ¢t--te.rh«i&- source of income. , h 0, COMMERCIAL BREEDER KENNEL - The term -"commercial breeder kennel" means a. corporate/owner/lessor/breeder of'dogs who breeds and/or' sells' animals for resale - individually or in litter lots - whether any of these animals are also kept for personal use and where the.. business• may be the primary source of income. "Commerolel or Agricultural -zoning is necessary. P. CITY - The term "city" as used in this Ordinance shall mean any municipality, city, town3h4p, et cetera. Q. ANIMAL SHELTER - Any premises designated by action of the City for the purposes of impounding and caring for all. animals found in violation of this Ordinance, and shall bef. under the direction and control of the Shelter Director. R. ANIMAL WARDEN - The person or persons employed by or desig- nated by the city, county or state as the enforcement of- ficer of this Ordinance. Such term to include humane society officers duly appointed and qualified to perform such duties*under•the laws of the state. S. HEALTH OFFICER - The health officer designated by the city or county, where applicable..- RESTRAINT pplicable.. RESTRAINT The owner shall keep his dog under restraint at -all times. LICENSING No person shall own any dog within the city limits unless such dog is licensed, except as provided under "exemptions": Written application shall be made to such person or persons as designated by the City and shall include all pertinent documentation as re- quired for such license. A. Exceptions 1•. Hospitals, clinics and other premises operated by licensed veterinarians exclusively for the care and treatment of animals are .exempt from the provisions of this Ordinance, except where such duties are expressly stated. 2, The licensing requirement of this Ordinance shall not 4�-�-�-�- apply to any dog belonging to a non-resident and kept ���� within the city for not longer than 30 days, provided that *all such dogs shall at all times be kept under restraint. 3 3. Any dog owned, .kept or harbored -by an individual'. or corporation holding either a Residential/Hobby, Private or Commercial Breeder Kennel License. need- not be iri- dividually..license. B.. There shall be four types,�*of licenses' issued: Individual' " dog,'Residential/Hobby Kennel, Private Kennel and Commercia1'01'' Breeder Kennel and no person shall operate a Kennel without/ first obtaining a kennel license as herein provided. All kennel licenses shall be issued for one year. Application for licenses may be made 60 days prior to the start of the - licensing year; and thereafter, during the licensing year. 1. INDIVIDUAL DOG - Written -application shall include the name and address of the .owner .and .the breed,' color, birth date and sex/sexes of the dog/dogs. As a condi- tion for the issuance of said license, the owner shall submit a current certificate of rabies vaccination for the -dog/dogs. At the time of application a numbered durable tag/tags shall be issued to the owner. The in- dividual annual licensed' fee shall be $5.00 for each dog over the age of six months, except for spayed or neutered animals, which fee will be 3.00. The lifetime license fee, where offered, shall be $25.00 for each .dog over the age of six months, except for spayed or neutered animals,'which fee shall be $15.00. a. Any person who secures.a dog shall be allowed 30 days to obtain a- license. Any dog owner upon first becoming a resident of this city shall be allowed 30 days from such time within which to ob- tain a dog license. Any dog which may be im- pounded for not -being properly licensed within such a 30 day period may be.reclaimed by the owner without paying tjhe impounding fees but such owner shall -be responsible for paying for the keeping of such dog.during its impounding. b. All applications made more than 30 ;days after the dog reaches six months of age or more that 30 days after the dog owner 'moved into the city -or more that 30 days after the applicant acquired the dog, Whichever is the latter date, shall be assessed a penalty of $1.00, which amount shall be added to and collected with the -regular license fee. c. Any dog owner having a valid dog license from another municipality may within.30 days after be- coming a resident secure an annual dog license for which the owner pay a'fee of $1.00 upon surrender of the valid license from the previous licens- ing municipality. I IL d. Upon complying with'the provisions of this Or- dinance, there shall be issued to the owner a durable tag, designating whether annual or lifetime, stamped with a number and the year for when issued. The'shape and design of such annual tags shall be changed from year.to year. t e. Every owner is required to keep a valid tag securely fastened to. the dog's collar or harness, which must be 'worn by the dog at all - times, ex- cept when the dog for which the license is issued is indoors or on the premises of the owner or 'covered by an exception. f. ; In the event that the durable license tag issued for a dog shall be lost' the owner may obtain a duplicate tag for $1.00. g. If the dog dies within the license' year and a dog is•secured to replace the dtig so dying, the annual license for deceased dog may be transferred to the replacement dog for the remainder of the year upon payment of a transfer fee of $1.00. h. If there Is* 'a change of ownership of a dog' the new owner must within 30 days apply for a license therefor and pay the fee prescribed .by this Or- dinance as for a new license. 2. RESIDENTIAL/HOBBY KENNEL - A Residential/Hobby, Kennel License shall not be issued unless the application for such license is accompanied by the written approval thereof by the occupants of -all privately owned real estate abutting the premises on which such.kennel is to be located or unless the applicant's property is 300 feet or more from any -structure used as a home.' Ap- proval of abutting. property owners is necessary only for the initial licensing. The' fee for a Residential/Hobby Kennel License is $25.00 per year or any fraction thereof. 3. PRIVATE KENNEL --A Private Kennel License shall not be issued unless the application for such license is ac- companied by the .written approval thereof by -the oc- cupants of all privately owned real estate abutting the premises on which such kennel is to be located or' un- less the applicant's property 'is 300 feet or more from any structure used as a home. Approval of abutting property owners is necessary only for the initial licensing. The fee for a Private Kennel License is $50.00 per year or any fraction thereof. 5 4. COMMERCIAL BREEDER KENNEL - A Commercial Breeder Kennel License shall not -be issued unless the application for such license -is accompanied by - the written approval thereof by the occupants of all privately owned real estate abutting the premises on which such kennel is to be located or unless the applicants property is 300 feet or more from any structure used as a home. Ap- proval of -abutting property owners is necessary only for the initial licensing. The fee for a Commercial Breeder Kennel License is $300.00 per year or any frac- tion thereof. . C.- Any kennal license may be revoked by reason of any violation of the ordinance or by reason of the violation of any health or nuisance ordinance, order,'law or regulation. Before revoking a kennel license .the licensee shall be given notice of the meeting at which such revocation shall be considered, and if, the licensee is present at such meeting, he shall be first given an opportunity to be heard. Notice of such meet- .ing shall be given to the licensee in writing, mailed to the address of the licensee as set forth in the. licensee's ap- plication for kennel license and mailed at least ten working days prior to the date of the meeting. D. All kennels shall be kept. in a clean and healthful condition at all times and at all reasonable times shall be open to inspection by any health officer, animal control officer or other person or persons charged with the enforcement of this ordinance or any health or sanitary regulation of this City. IMPOUNDMENT AND REDEMPTION A. Any dog found in violation. of this ordinance may be taken up by the animal warden and impounded in the animal shelter.and there confined in a humane,manner for a period of not less than five working days if not .claimed prior thereto by its owner, and it shall thereafter become the property of the City and may be disposed of in a humane manner, sold to an individual. desiring to purchase the dog as a pet (after signing an agreement to*spay or neuter subsequent to the two month, period as covered in "B"). If a dog is destroyed pur- suant to this ordinance, the license for ,such dog shall ex- pire. B. Any purchaser of any impounded animal sold by the Shelter Director, other than the owner, shall keep the -same at least two months,. during which time the owner may redeem such animal by paying all costs and charges of keeping, and the amount paid therefor at the sale, with interest thereon at 12 percent per annum. 6 C. Immediately upon the impounding. of a dog wearing a current license or other identification, the Animal Warden must make every reasonable effort to notify the owner of such dog of the impoundment and of the conditions whereby the owner may regain custody of the dog. Any verbal notices must Im- mediately be confirmed.in writing by -the Animal Warden.. D. Not withstanding anything contained herein to the contrary, if a critically injured dog, is impounded pursuant, to this ordinance, it may be destroyed by the Animal'Warden but only after reasonable efforts have been made to contact its owner. E. For the purpose of identification by the owner, any animal critically injured and impounded which has been destroyed pursuant to the provisions of this ordinance shall be main- tained in refrigerated storage to retain in a,frozen condi- tion for a.period of not less than five working days from the date of.destruction. F. Any dog impounded hereunder being held for suspected disease (except rabies) may be reclaimed by the owner within five working days upon payment by the owner to the City the sum of $10.00 together with the sum of 2.50 per day or fraction thereof for keeping such .an animal during the impoundment, providing that the licensing requirements of this ordinance are complied with. G. When"a dog is impounded more than one time within a one-year period, the owner shall pay the sum of $20.00 in order to reclaim the dog on the second -occasion and $40.00 for each subsequent time within the one-year period. All monies col- lected under any of the terms. of this ordinance shall be deposited with the City Treasurer. RECORDS A. It shall be the duty of the Animal Warden to keep, -or cause to be kept,. accurate and detailed records of the licensing, impoundment. and disposition of all animals coming into the owner of the dog upon proof of ownership. B. It shall -be the duty of the Health Officer to keep, or cause to be kept, accurate and detailed records of all bite -cases reported to him and his investigation of the same.' C. It shall be the duty of the Animal Warden to keep, or cause to be kept, accurate and detailed records of all monies belonging to the City, which records shall be .open to in- spection at reasonable times.by such persons responsible for 7 sideration without further foundation. After considering • all evidence the Health Officer shall make a determination as -to whether or not the animal is found to be dangerous and the Health Officer shall make such order'as he deems proper. If he orders the Animal Warden to take the animal into cus- tody for destruction, the owner shall make the animal im- mediately available to the Animal Warden. CONFINEMENT OF CERTAIN DOGS A. Each owner shall .confine within a building or proper enclosure any dangerous dog and not take such dog out of the enclosure unless the dog is securely muzzled. B. Every female dog in heat shall be maintained in such a man- ner that such female dog cannot come in contact with another dog except for intentional breeding purposes. A $25.00 fine shall be imposed .on any owner or any animal in heat which is allowed to run loose. - INVESTIGATION For the purposes of discharging the duties imposed by this or- dinance and to enforce "its •provisions, the Animal Warden or police officer is empowered to enter upon the premises in com- pliance with Minnesota Statutes upon which a dog is kept or har- bored and to demand the 'exhibition by the owner of such dog and/or the license -for such dog. In communities where there is no humane organization to enforce the state anti -cruelty laws, the•addition of the following provi- sion is recommended: It is further provided that the Animal War- den or police officer may enter the premises where any animal is kept" in a reportedly cruel or inhumane manner and demand to ex- amine such animal and to take possession of such animal when, in his opinion, it requires humane treatment; however, only'in such cases may the animal be removed from the premises. INTERFERENCE No person shall interfere with, hinder or molest the Animal War- den in the performance of the duties of his office or seek to release any animal in the custody of the Animal Warden except as herein provided.. D ORGANIZED ANIMAL FIGHTING PROHIBITED' No dog -fighting, cock -fighting, bull -baiting, bear -baiting or other pitting of one animal against another shall be permitted as pursuant to Minnesota State•Law on cruelty to •animals, Chapter 346, Paragraph 346.29. . DUTY OF ALL DOG OWNERS TO•BE RESPONSIBLE OWNERS; It shall be the duty of every owner of any dog, or anyone having any dog in thei'r possession or custody, to exercise reasonable care and to take all necessary steps and precautions to protect other people, property, and animals from injuries or damage which might result from their animal•Is behavior, regardless of whether such behavior. is motivated by mischievousness, playfulness, or ferocity. DUTY TO KEEP DOGS UNDER RESTRAINT WHILE ON PROPERTY It shall be the duty of every owner of'any dog, or anyone having any dog in their possession or custody, to ensure that, the dog is kept under restraint and that reasonable care and precautions are taken to prevent the dog from leaving, while unattended, the real property limits of its owner, possessor or custodian. ADDITIONAL REQUIREMENTS FOR PRECAUTIONS TO BE TAKEN BY OWNERS OF DANGEROUS DOGS Whenever outside of its enclosure as provided for in section K. but is on the owners property, a dangerous dog must be attended by its owner and restrained by a secure collar and leash of suf- ficient strength to prevent escape. No dangerous dog shall be chained, tethered, or otherwise tied to any inanimate object such as a tree, post, or building, outside of.its own enclosure as provided for in section K. In addition to the requirements in section K. for owners of dan- gerous dogs who maintain the dog out-of-doors, a -portion of their property shall be fenced with a perimeter or area fence. 'Within this perimeter fence, the dangerous dog must 'be humanely con- fined inside a pen or kennel of adequate size. The pen or kennel may not share common fencing with the' area or perimeter fence. The kennel or pen must have secure sides; a secure top attached to all sides; the sides must .either be buried two feet into the ground, sunken into a concrete pad, or securely attached to a wire bottom. The gate -to the kennel must be locked. 10 Failure to keep any, dog' confined or under restraint as provided' for in this section shall be unlawful and shall be punishable as hereinafter provided. DUTY TO KEEP DOGS UNDER RESTRAINT WHILE OFF PROPERTY. It shall be the duty of the owner of any dog or anyone having a dog in their possession to keep the dog under restraint and con- trol at all times while the dog is off the real property limits of the owners, possessor or custodian. ADDITIONAL REQUIREMENTS FOR PRECAUTIONS TO BE TAKEN BY OWNERS OF DANGEROUS DOGS. Except when being transported in, and securely confined within a vehicle, no dangerous dog shall be permitted off the property of its owner except when it is (A).attended by its owner or desig- nated custodian, and (B) is restrained by secure collar and leash (not to exceed six .feet in length); -r both collar and leash must be of sufficient strength to prevent escape, and (C) muzzled by any means sufficient to prevent biting -other persons or domestic animals. Failure to .keep any dangerous -dog under restraint or control as provided for in this section shall be un- lawful and shall be punishable as hereinafter provided. ENFORCEMENT OF RESTRICTIONS ON DANGEROUS DOGS. In the event that a law enforcement agent has received Informa- tion that a dangerous dog is being harbored in violation of this ordinance he may; (A) Order the violation immediately corrected and cite the owner or keeper to appear in court for the viola- tion, or (B) If the violation cannot be immediately corrected and the dog is posing an imminent serious threat to human beings or other domestic animals, the dog may be seized and impounded, in which case the owner or keeper will be cited to appear in court for the violation. At the owners request and expense, such impoundment may be at a veterinarian or licensed kennel of the owners choosing. If the owner or keeper of the dangerous dog fails to either provide proof that the dog will now be kept restrained or confined in compliance with the.provisions of this ordinance, or. fails to reclaim it from Animal Control after im- poundment, and if it cannot be adopted by someone providing proof that it will be kept restrained or confined as specified in this ordinance, it will be humanely euthanized. , 11 ` -7 WARNING SIGNS — GUARD DOGS AND DANGEROUS DOGS All owners, keepers, or harborers of any guard *or dangerous dog shall display in a prominent place on •their premises, and at each entrance or exit to the area where such a dog is confined, a sign easily readable by the public using the words "beware of dog". ABANDONMENT OR ABUSE OF DOGS -It shall be unlawful for anyone to knowingly abandon or abuse any dog. Each person who does. abandon or abuse knowingly, or will- ingly permits this abandonment or abuse or aids in the abandon- ment or abuse of any dog shall be in violation of the law and shall be punished as hereinafter provided. Each offense shall be punished with`a fine of the maximum allowable by law. PENALTIES Any person who violated any provisions of this Ordinance may be subject to a fine of $ or imprisonment of days or both. Any person who violated the regulations set regarding DANGEROUS DOGS shall be punished in.- accord with the Minnesota State Statutes. 12 z similar records of the City, and shall be audited by the City annually in the same manner as other City records are audited. QUARANTINE Any dog that has bitten a person shall immediately be impounded for at least ten days and kept apart from other animals, under the supervision of a veterinarian, until it is determined whether such dog had or has a disease which might have been transmitted by such bite. Such impounding, may be done by the owner, and need not be at the City pound, but if it is not at the City pound, the owner shall notify the Shelter' Director immediately and shall furnish proof in. writing that such a.dog has been so impounded. Upon the expiration of ten days, if it is determined the dog does not. have a disease, he may be released and the Shelter Director shall be'notified: If the dog was impounded within the pound, it may be reclaimed in ten days if it is determined the dog does not have a disease. Any dog which has been bitten by a rabid or suspected rabid animal shall be impounded and kept in. the same manner for a period of six months, unless the dog has been vaccinated for rabies within the previous year, then the impoundment period would be forty days. The owner of a dog which has been bitten by a rabid animal shall notify the City Shelter Director in the event of the dog's illness or death during quarantine. DESTRUCTION OF DANGEROUS ANIMALS The Health Officer or his appointee, after having been advised of the existence of such animal, shall proceed as -follows. A. The owner of the offending dog shall be notified in writing as to the dates, times, places and persons bitten and shall be given ten working days to request a hearing before the Health Officer or his appointee for a determination as to the dangerous nature of the dog. If the owner does not re- quest a hearing within ten working days of said notice, the Health Officer or his appointee shall make such order as he deems proper. He may order the Animal Warden to take the animal into custody for destruction. If the animal is or= dered into custody for destruction, the owner shall im- mediately make the animal available to the Animal Warden. B. If the owner requests a hearing for determination as to the dangerous nature of the dog, the hearing shall be held before the. Health Officer or his appointee at a date not more than three weeks. after demand for such hearing. The records .of the Animal Warden shall be admissible for con - 8 = FS0102:SGM:Muyskens:jaf Virgil Schneider Mayor of Plymouth City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 ,*TES P05T4 O YN W T 1a � T UNITED STATES POSTAL SERVICE Facilities Service Office 2051 Killebrew Drive, Suite 620 Bloomington, MN 554%5eWuary 23, 1990 RE: Proposed Postal Facility Minneapolis, MN 55441-9998 Medicine Lake Branch (G27) Site Approval Dear Mayor Schneider: In compliance with the requirements contained in Executive Order 12372, "Intergovernmental Review of Federal Programs" and Section .401 of the Intergovernmental Cooperation Act of 1968, this letter is submitted to determine if there are any conflicts with planning of other government agencies with the United States Postal Service's intention to relocate the above referenced postal facility to other quarters in Plymouth, MN. The proposed site is located at or legally described as follows: The north 494.72 of the East 44 ft. of Lot 1, Block 1 and the North 494.72 feet of Lot 2, Block 1, Meyer Gonyea Addition to the City of Plymouth. Comments regarding this project should be sent to this office as soon as possible, as we would like to proceed with this project immediately. Please sign the statement at the bottom of this letter and return to this office if you feel this site would be suitable for the proposed new Postal facility. If you should have any questions, please feel free to contact me at the address above or at 612-851-1141. Sincerely, STEP N G. MUYSKENS Real Estate Specialist ------------------------------------------------------------------------------- I feel that the above subject site would be suitable for the proposed postal facility at Plymouth, MN. Signature Date FEB 26 '90 10:18 DORGLPSS INC.1 612 546 1540 lakewlter quality at issue Power sought to protect y&ers 8y [iak alike StafCWriler Pike•aed 1:agk lakes arc the anter• plece what will someday be a 218 - acro regional park offering swim• ming basins. (thins and resident loons in the northwestern suburbs of Minneapolis. Hph haat month a ty oCPlymouth is apeeted to aptxogtnmerc industrial devel*ment pthat will slithtly donate theft water quality. If that impsei ig multiplied by funher dcvclopmeat. the [wo lakes may lose their appeal for recreat)pnal use even beforethe Dark is fully developed. said David Waver, dirwor ornatu- ral resources management for Hen - won Parks. In an effort to halt that molt)ply1% impact on the quality of those lakes and other in the metro gra, the Metropolitan Council is asking the Legislature for power to protect lake arca. Current law mikes developer, po- IiSed by chits ager for development. primarily responsible for protoWns metro take watgr quality. They aro suldbo mershed district au - Ili pkhtics say arc better at preventing floods than keeping lake water pure. The result has been declining water quatily in so or the metropolitan ar- ea's 1200 iorsat recreational lakes, ac• cording to the eounell. Should legislator Iran! the Metro Council the authority it seeks, the council would requires developing ies and watershed districts to provide - large areas for "storm water storage." Thal mans that more wetlands and 1 o Aland would be Set aside fo► 'ng runoff from land as it is eloppeed. 1n some cases, eitiet ' t bt required to build pipes or hes to carry norm water away , from sensitive lakes. The L.egislatum may not act on the proposal in this. Its even year short session. But if it does not, the council says. it wii) make it a major issue in 1991. The two lakes are eiamples of water$ threatened by development, despite developers' good intentions about keep)ng them pure. Developer Opus Corp. plans to take citensive and expensive precautions to contain storm water runoff from its proposed Eau Creek Business Park at Bass Lake Rd. and Hwy. 169 in Plymouth. Itpians a holding pond to catch runoff and allow nutrients to settle, before The water is released for more filtering into a wetland basin border - Ins Pike Lake. (Pike Lake, which borders the proposed development. is partly in Plymouth and partly in Maple Grove. Eagle Lake is dust north of it in Maple Grove.) Holding -pond plans won't prevdnt all degradation of lake water quality. P.2 Sr Tribune e ,y . �®tYivatry 23/1990 B •1 Q w l V a•• 3. t?k, V s• 3v,a ;� ' $ 8 % r 0 di au4 N4 a a.� _OyC BASS LAKE BOTTLE SHOP 11540 COUNTY ROAD 10 PLYMOUTH, MN 55442 ` February 27, 1990 Mayor City Council Members City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 To the Mayor and City Council Members of the City of Plymouth: I have discussed the potential problems of liquor violations due to persons carrying false identification cards and drivers licenses with all of my employees. We have accepted the following policy: 1. We will card all customers appearing to be under the age of 24 years. 2. We will not accept I.D. cards sanctioned by the State of Minnesota as they are easily reproduced with false information. 3. We are refusing to sell liquor to adults who may be tempted to buy for minors. I have posted signs on all doors that read: "Stop! It is illegal to enter this store unless you are 21 years of age." Every employee is instructed to use this guide when checking identification. A Minnesota Drivers License is the only form we will accept. No other form of I.D. or out state drivers license will be accepted. Thank you. , ,/Ronald Libby, Own BASS LAKE BOTTLE HOP =__ \3 -HonowW,-FebruM IS, 1990 The Sunday Star-SWetin & Advertiser ;: Cat.o coitr :. l:. " messageAd1a On't State ,Senator Ron Menor haSertain amount of unescorted c -wisely. Put aside for fiftther - to controUand, roaming- to ' ake.*- -I• doubt if we want . in. study-bill. inn_ats.* confine -baire* ' idea may not tjiiefr' every brief *foray an opportunity f6r A small game I While this nine lives; it' may be,-back.jn, 1 f6rm., "Among prq0osq4., hunt by. zealous -citizens his bill coul1-only*.create discord, some beirg pondered: inserting "a �. icense =der1the - -,. recrimination and enmity. . "Also consider the owner's di microchip f registered cats: regi! lemma: a. to escort a cat *abroad -the .9kinio t6tild'catch. the 1�4 officials.. catch. on. a leash -is against nature' '-pefinit could the PhiP.with, a, c and: kfiO'W-­-'it'S iiOVA:-- - t. of -the cat', and'to it 0 venture ji foie5ceicise'.unat, :scanner can -A cat scanner bf, a.neW stray. tended into a night of new - dan-. the nature bUthe :sOyt, ifjbu-,Vhll. io��mend- to any event., --We C. gers: is. against owner: : 1! ..-Jn. -Menor.--a celebrated .19-49*, message from then -Governor. rmMse- -.14 cats-.jp&f6­ oreqvqrg -ful service, particularly in rural --- Adjai Stevenson when he_.._meas;ift,rombatting —vet&cT—a C,;j-VT&is-jj-TjW-jW§§-e-a- rodents —­ work they necessarily perform by the Illinois legislature- It alone and without regard for reads . in part', q -cannot - agree that- it- -should property lines." Stevenson said government in be 'the declared public '-policY-PU ' : 1111inois had enough to do with- visiting a Illinois`that A cat vrossing the neighbor's yard or c out trying to control feline de-. So does government is a public nuisance. It • highway - nature `Of catsto do --a linquency. . in Hawaii. is in the --T--- \-,AcA,-, . MINUTES PLYMOUTH SAFETY COMMITTEE February 21, 1990 PRESENT: Tom Nelson, Bob Fasching, John Ward, Joel Franz, Craig Bechtold, Ken Johnson, Dave Johnson, Andy Jordan, Kevin Leuer, Bob Pemberton ALSO PRESENT: Dave Drugg, North Star Risk Services, Dave Volker, Employee Benefit Administration; Judy McMillin ABSENT: Don Kissinger, Don Kilian I. OLD BUSINESS A. Approval of January 10, 1990 minutes -- The Committee approved the minutes as submittea. B. Report on Safety Activities: 1. Fire Station III Fitness Facility -- Bob Pemberton advised that lock changes to the fire station including the push button coded access, should be completed in early March. He reported that 36 employees had signed and returned the release form to use the fitness facility. Training sessions for employees on proper use of the fitness equipment will be scheduled after the completion of the lock changes. 2. Deer Warning Devices -- Bob Pemberton reported that the deer warning devices installed on the front bumpers of four police squads and CSO vehicles had been knocked off when the vehicles went through a car wash. He stated that if the devices cannot be relocated to an equally effective area of the vehicle, he would recommend the program be discontinued. Bob asked Tom Nelson to investigate if the devices could be relocated to another location on the vehicles which would still allow them to be effective. 3. Rear Window Protective Devices -- Bob Pemberton advised that our test rear window protective devices had been fabricated and installed. Two of the devices are permanent and two are portable. Feedback from Public Wo►hks employees on the devices has been favorable. 4. Gun Range at Fire Station III -- Bob Pemberton reported on the status of the gun range. —Re—stated that the traps are in place and the locking system is being worked on. Dave Volker stated his interest in reviewing the specifications on the range's ventilation system and also the clean up procedure for lead dust. Bob Pemberton will make arrangements for Dave Volker's review. Plymouth Safety Committee February 21, 1990 Page 2 II. ACCIDENT REVIEW A. Consent Agenda -- The Committee approved the consent agenda for vehicular and personal injury accidents. One personal injury accident was determined preventable and one non -preventable. The vehicular accident was determined non -preventable. B. Review of Vehicular Accident -- The committee reviewed a vehicular accident involving two city vehicles. Because the accident involved two city drivers, the committee reviewed and voted separately on each driver. One driver's actions were determined non -preventable and one driver's preventable. A report on the Safety Committee's findings and recommendations will be forwarded to the City Manager. III. NEW BUSINESS A. Calendar Year 1989 Accident Statistics 1989 accident statistics with a ety calendar year, the accident records for injury are tabulated in order to help program requiring additional efforts. additional efforts will be focused on prevention training. •- Bob Pemberton reviewed the Committee members. Each both vehicular and personal identify areas in the safety Bob stated that for 1990, temporary employee accident B. Safety Training for 1990 -- The following Safety Training schedule or 1990 was approved.-- Temporary pprove : Temporary Workers - Parks 4/90 CPR 5/90 Fire Extinguisher Training 8/90 Safe Driving 11/90 IV. OTHER BUSINESS Kevin Leuer asked that Committee review the City policy on allowing emergency warning lights on the fire inspector vehicles. Kevin stated that for the majority of fire calls, the fire inspectors respond directly with the inspector vehicles. For this reason, and to also help in identifying the vehicle when it parked along the road at a fire scene, he would recommend some type of warning light(s) be installed. Bob Pemberton stated he would work with Kevin on this request and report back to the Committee at the March meeting. The meeting adjourned at 8:30 a.m. DATE: TO: FROM: Jim Willis m CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 February 16, 1990 Members of Outside Storage Task Force Blair Tremere, Community Development Director SUBJECT: SUMMARY NOTES FOR THE FEBRUARY 14, 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 called the meeting to order at 7:30 a.m. and the Summary Notes for the February 6, 1990 meeting were approved. Myra Wicklacz handed out a research summary regarding ordinances in other cities and she explained the findings. She noted particularly the aspects of enforcement in the use of Conditional Use Permits. Larry Mellum noted experiences of the Rainbow Foods Stores in Brooklyn Park in Eden Prairie and in at least one community, a pop machine had to be placed inside the store; they were not allowed outside. Blair Tremere indicated that enforcement activity varied from community to community and that there is no ideal city in the sense that there is a model that can be followed. The Task Force should analyze what the situation is in Plymouth and determine what are the best standards for this community. Larry Marofsky reviewed the matrix that is contained in the summary minutes for the February 6 meeting and an extensive discussion ensued about temporary and permanent storage, display and sales. Tremere indicated the "temporary" often can be related to seasonal but the problem can become one of distinguishing between storage and display. There appear to be many gray areas, although temporary display with respect to gas stations once meant displays that could be literally put inside the building at the end of the business day and then brought outside the next day. Dave Johnson commented about storage needs and stated that perhaps standards could be tied to where the storage occurred, i.e. in the side yards or the rear dards verses the front. Page Two Minutes for Outside Storage Task Force Extensive discussion ensued about the needs for storage. Craig Solarz noted again his concern that ordinance standards for transient merchants varied from the standards that would apply to the property owner who sought to have commercial sales. Marofsky inquired whether the City needs to distinguish "temporary displays" and said the main issue seems to be whether the display is visible or not. Hal Pierce stated that if merchandise was visible it could be considered a display, but if it was not visible, then it would represent storage. Extensive discussion ensued about that topic and Johnson discussed the feasibility of using the license mechanism for certain amounts of storage rather than zoning standards. Tremere discussed the possibility of establishing performance criteria which would set certain limits or parameters that be met and could be easily verified on an annual basis. Further discussion ensued about the idea raised by Johnson on the location of storage. The distinction of temporary and permanent storage is not clear at this time. Jack Wenner discussed the screening of storage for both security purposes as well as aesthetic purposes. He stated he could not support point of sales out of doors but he did note that there are seasonal outside displays that relate to sales (actually conducted indoors) such as plants at various times of the year. He suggested that perhaps those activities could be allowed on a limited basis but that no permanent sale activities would be allowed outside. Solarz stated that a distinction should be made between temporary and permanent display and sale. Johnson stated it was important to consider the aesthetics and that's why he indicated perhaps some allowance could be made for storage but limited to certain areas of the Site. Tremere commented that zoning would govern location and perhaps aesthetics whereas a license could govern operations. Marofsky indicated that a good deal of material had been covered and that the next meeting should be set for early to mid-March. There was a consensus to have the next meeting 7:30 a.m., March 8. Tremere indicated that the research data would be summarized to better reflect the differing standards in various communities. He also indicated that staff would attempt to get more information from neighboring cities and also some photographs of different types of storage, display, and sales activities. Marofsky suggested that members come to the next meeting prepared to discuss recommendations for changes to the present ordinance and/or the adoption of new standards on the subject. The meeting adjourned at 9:05 a.m. (pl/bt/Task2-14:cm) MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: February 5, 1990 (UPDATED FEBRUARY 26, 1990) TO: Blair Tremere, Community Development Director, through Chuck Dillerud, Community Development Coordinator FROM: Myra Wicklacz, Development Services Technician SUBJECT: OUTDOOR STORAGE AND DISPLAY OF MERCHANDISE In January, a letter was sent to the following cities requesting copies of information or ordinances relating to outdoor storage and display of merchandise: Blaine, Bloomington, Brooklyn Center, Brooklyn Park, Burnsville, Champlin, Chanhassen, Chaska, Eagan, Eden Prairie,,Edina,.Golden Valley, Hopkins, Maple Grove, Minnetonka, New Hope, and St. Louis Park. In addition, the American Planning Association (APA) Planning Advisory Service (PAS) was contacted and the same information was requested of them. That information is included. The following is a summary of regulations pertaining to outdoor storage and display from the cities in which we received information from: Blaine No outdoor storage of any materials is permitted in the neighborhood business (B-1), community commercial (B-2), regional shopping center (B- 3), office research park (B-4), commercial (PC), and light industrial (I- 1 districts. The heavy industrial (I-2) district allows outdoor storage through a conditional use permit, but requires that the storage be in the rear yard. There was no specific mention of storage or display of merchandise for sale. Bloomington In business districts, displays of merchandise extended more than 5 feet into the setback area or more than 5 feet in front of the existing building, if such building abuts against or extends into the required setback area, shall be construed to be an encroachment on the setback requirements and is unlawful for the owner or occupant to permit such encroachments, except: merchandise may be displayed on service station pump islands and where motor vehicles, new or used, are lawfully sold on the premises, they may be stored or displayed in off-site parking areas. Displays of merchandise shall not reduce the off-street parking area required by this chapter. In the C-1 and C -1A (service/office) districts all storage, display, service, repair, or processing shall be conducted wholly within an enclosed building. In the C-2 (commercial) district all storage, display, service, repair, or processing shall be conducted wholly within an enclosed building or behind an opaque fence or wall not less than 6 feet in height, or high enough to completely screen other activities from view of the abutting property at ground level. Semi -trailers may not be used for outdoor storage. The outdoor storage of merchandise during business hours on a private pedestrian walkway located contiguous to the primary building is not prohibited. This requirement shall apply to the outdoor storage and display of new and used motor vehicles or marine crafts for which a special use permit has been issued. This section also does not apply to the out-of-door retail sale of food at drive-in eating establishments for which especially a use permit has been issued. Temporary outdoor storage and display of merchandise may be allowed, by permit. In the I-1 district, all production, storage, servicing, or merchandising, except off-street parking and off-street loading, shall be conducted completely within enclosed buildings. Special requirements for automobile service stations states that no merchandise may be displayed for sale outside the principal building except within 4 feet of the building or in pump islands unless enclosed by a structure compatible with the building. No discarded trash, parts, or tires may be stored outside the building unless enclosed by a durable structure compatible with the design of the principal building. Me.a Ulm' In all zoning districts, outdoor display or storage of items, including but not limited to, ice or vending machines, fire wood, plants, flowers, tools, food dispensing machines, or food sold from stationary vehicles or portable containers or the like, shall be prohibited unless authorized as a specific condition within an approved conditional use permit as established in each zoning district, or unless permitted specifically by some other provision of this ordinance. For permitted uses, a sight proof enclosure, totally containing the item, shall be constructed of the same or similar materials as the primary building. All building setbacks shall be maintained. No. signs shall be allowed on this storage area. Where sidewalks are present, a minimum sidewalk access width of 4 feet shall be provided. Burnsville In Business Districts, all goods for sale by a motor fuel station convenience store, other than pertroleum based products required for the operation and maintenance of motor vehicles, shall be displayed within the fuel station building. Motor fuel stations require a Conditional Use Permit. All storage and display in the Business District requires a Conditional Use Permit. Champlin All materials, supplies, merchandise or other similar matter shall be stored within a completely enclosed building within the Commercial Districts or within the confines of a 100% opaque wall or fence not less than 5 feet in height. Merchandise which is offered for sale may not be displayed beyond the confines of a building, unless such merchandise is of a type customarily displayed outdoors, such as garden supplies. No storage, of any type, shall be permitted within the required front or side street setback. Coon Rapids The Neighborhood Commercial District does not allow exterior storage of goods or equipment except motor vehicles and trash enclosures. Ice sales from vending machines are permitted with a Special Use Permit. In the General Commercial District, outdoor sales of household or garden equipment is permitted and rental businesses with exterior storage are permitted with a Special Use Permit. In the Community Comercial District, no exterior storage is allowed. Outdoor sales of household equipment and ice vending machines are permitted with a Special Use Permit. Eden Prairie In the following districts of N -COM (neighborhood commercial), C -COM (community commercial), C -REG (regional commercial), and I -GEN, all materials, supplies, merchandise, or other similar matter, 112 on display for direct sale, rental or lease to the ultimate consumer or user, shall be stored within a completely enclosed building within all commercial districts, and within the confines of screening as required by the performance standards of this chapter. Merchandise which is offered for sale as described heretofore may be displayed beyond the confines of the building in any commercial district, but the area occupied by such outdoor displays shall not constitute a greater number of square feet than 10 percent of the ground floor area of the building housing the principal use. No storageor display of any type shall be permitted within one-half of the required front or side street setback nearest the street, nor within any required interior side or rear setback. Fridley In the C-2 and C-3 Commercial Districts, uses that require a Special Use Permit include Gas Stations, exterior storage, and Garden Centers amongst others. Gas Stations shall not allow outdoor operation of lubrication equipment and the like; or the outdoor display of merchandise. The display of petroleum products between pumps; or the temporary display of merchandise within 4 feet of the station building is permitted with a Special Use Permit. Garden Centers require Special Use Permits to allow outside storage and display of merchandise. The gasoline filling station section references the rental, selling, or storage or commodities shalVm be conducted in conformance with the requirements of the zoning code for the particular zoning district in which the gasoline service station is located. In Commercial Districts, no premises shall be used wholly or in part for the storage of any material whatsoever except where such materials are stored in a building and where the character of such building conforms to the general development of the commercial district. Outside storage and sales of horticultural and nursery stock is allowed outdoors when it cannot be grown in a building. The storage and sales of other commodities such as, but not limited to, firewood, sand, or sod shall be conducted within a building or similar enclosure which shall completely screen this activity from public streets and adjacent property. The outside storage or sales of nursery stock shall be conducted at the side or rear of the building in an area completely screened from the public street. Outside storage and sale of nursery stock shall be permitted only as an accessory to the principal building on the property not as the sole use of the property. In the light industrial zoning district, no materials or equipment shall be stored outside, unless screened in such a manner as not to be visible to adjacent properties or streets. Only those materials or equipment directly related to the principal use may be stored outside. No storage is permitted within the required landscaped area. All Commercial and Industrial uses must be conducted completely within a building including greenhouse sales and storage. "Open sales lots" are allowed with specific conditions. �.. The B -2V (Village Center Business District) permits, as an accessory use, outdoor sales and display, incidental and accessory to a permitted principal use, in areas designed to accommodate such activity under the following condition: outdoor sales and display shall be screened from any adjacent property and from any adjacent right-of-way; items which may be sold or displayed out of doors shall be limited to the following: 1. any product -sold in a vending machine; 2. Plants; 3. Propane or any other bottled gas fuel; and 4. Any items which, because of large volume or weight is more easily housed out of doors and is more convenient to the purchaser in an outdoor location, such as salt, fertilizer, peat moss and cement, but not including items such as motor oil, fuel additives, cartons or cases of soft drinks or battery. - ., T In the B-2 and B-3 districts, outside storage, display, sales and servicing is permitted with a Conditional Use Permit provided each of the following is met: shall be allowed for periods not exceeding 20 days per year and shall include only items sold on the premises; screening shall be provided from residential and office property; no public speaker system shall be audible from any residential property; site shall be kept in a neat and orderly fashion; no uses shall be permitted in required parking or building setback areas; and shall not be permitted within 100' of any residential parcel. No outside storage or display is allowed in any district. Conditional Use•Permits have been granted to allow storage of vehicles but never for display of merchandise. New tire displays on racks are allowed during the daytime hours, but can not be left out 24 hours. Gas stations which are not open 24 hours may have vending machines and ice machines outside, however, there is nothing in the ordinance that states this. St. Louis Park In the business district, temporary outdoor storage or display of goods in conjunction with the permitted use and on the same site of the permitted use is allowed provided; the goods are not stored outdoors over night, the area of the storage site does not exceed 100 square feet, and no storage or display shall occur within the required front yard setback areas, or within any required side yard setback areas when a side yard abuts a street. In the same district, motor fuel stations outside sales or displays except gasoline or other goods consumed in the normal operation of a car and limited to the following kinds of products: oil, gasoline, and oil additives, windshield cleaner, windshield wipers, tires and batteries, which sales or display shall not be permitted within the setback area, nor shall the total display area occupy more than a 150 square feet in area or more than 5 feet in height, including any combination of such products. No other vehicular parts and non - automobile oriented goods shall be displayed or sold outside, nor shall any motor service station site be used for the storage and sale or rental of automobiles, trucks, campers, boats, trailers, and snowmobiles, unlicensed or partially dismantled vehicles, or similar vehicles and products, unless a permit is approved. K-MRIT-TITIM0" The community commercial district allows the following list of merchandise to the sold or rented on the premises out of doors without screening walls or fences except along common property lines of abutting residentially zoned lots: 1. Flowers and plants; 2. Food products; 3. Hand crafted products and goods; 4. Artwork and pottery; and any other merchandise which the Planning Director or Planning Commission, on appeal, has set forth in this ordinance may find to be similar in character, type, or nature by the merchandise listed in the aforementioned paragraph. All other merchandise sold on the premises may be displayed outdoors during ours of operation provided that the display area is complete enclosed by walls, fences, buildings, or landscape materials or a combination thereof. Farmington. New Mexico Outside display of goods and merchandise shall be limited to the C-1, C- 2, C-3, and C-4 commercial districts. The display area shall not encroach upon a public street, alley, sidewalk, or other public property unless a permit for any such encroachment has been obtained from the city. The display area shall, at all times, be kept neat, clean, and free of litter and debries -' All goods, merchandise, vehicles, or implements which remain on display shall be properly watched or secured against vandalism or damage. Screening, fencing, or landscaping may be installed around the display areas. A special use permit for outside display will not be required for temporary outside display during special events such as annual street merchant sales, parades, or festivities for which permission has otherwise been obtained from the city. Special use permit shall not be required for the outside display of vehicles or motor homes held for sale including recreational vehicles, farm implements, travel trailers, or mobile homes. (zo/mw/osd:dl) PLYMOUTH POLICE DEPARTMENT MONTHLY REPORT MONTH January 1990 CLASS I MURDER CSC ROBBERY ASSAULT BURGLARY THEFT AUTO THEFT ARSON 0 5 0 25 29 106 20 1 95 0 4 2 33 65 23 1 0 - TOTALS TOTALS 1989 186 1990 148 -20% CLASS II 1989 1990 FORGERY COUNTERFEIT - FRAUD HAR. COMM. STOLEN PROPERTY VANDALISM SEX OFF. NARC. OFFENSES FAM/CHILD D.W.I. LIQ. LAW DISORDERLY CONDUCT OTHER 10 1 12 0 95 0 4 2 2 32 0 10 5 10 17 0 35 0 5 1 36 8' 3 36 TOTALS -L2-8-9 159 1990 156 -2% CLASS III FATAL ACCIDENT PERSONAL INJURY PROPERTY DAMAGE SNOWMOBILE ACCIDENT DROWNING MEDICAL EMERGENCY SUICIDE SUICIDE ATTEMPTS NATURAL DEATH ANIMAL BITES FIRE 0 10 93 0 0 95 0 4 2 2 32 0 10 61 0 0 93 1 0 1 0 1 2 1 21 TOTALS 1989- 238 1990 188 -21% CLASS IV TOTALS 1989 1038 1990 1036 -- HAZARDOUS VIOLATIONS 1989- 313 1990 310 -- NONHAZARDOUS VIOLATIONS 19 8 9 627 1990 416 -34% CRIMINAL OFFENSES CLEARED 19 8 9 28% 1990 20% ASSIST 1621 1990 1528 -6% ANIMAL FALSE LOCK OTHER WARRANT TRAFFIC SUSPICION MISSING LOST PUBLIC DOMESTIC DETAIL ALARMS OUTS AGENCY SERVED DETAIL INFORMATION PERSON FOUND NUISANCE MISC 34 100 116 156 51 35 165 140 7 13 48 173 37 95 112 152 48 37 105 155 2 13 106 174 TOTALS 1989 1038 1990 1036 -- HAZARDOUS VIOLATIONS 1989- 313 1990 310 -- NONHAZARDOUS VIOLATIONS 19 8 9 627 1990 416 -34% CRIMINAL OFFENSES CLEARED 19 8 9 28% 1990 20% TOTAL NUMBER OF INCIDENTS 19 8 9 1621 1990 1528 -6% PLYMOUTH PUBLIC SAFETY ALARM REPORT JANUARY 1990 MONTH POLICE FALSE ALARMS PERMITS 1989 88 62 1940 89 7 CHANGE + 1 % - 88 FIRE FALSE ALARMS i PERMITS 1.989_ 40 11 1999 32 15 CHANGE �y s `' 36. A C) C> O o II o W o O O O II o 11 Ln LnL Ln H (n <a to II r -i w44 II O U) I, r -I N Ln II In Ei A II -4 II D1 wHO ��' II ON Ill U) 11 04 aa 44loHOrilnoovv0r-Ir-iM00M000M 11 to i `n E-4 a O n h Ei u (!] t'N r -I M M N r -i VC', IfN II M H WH z a� II II [4 < Ei A O V r -I r -I r -I r -I r -I N M II d' z r-{ II N ii u� a E'H 0 ao oU Ww U II A a r -I o �r rn H I a N N II W Exi ri O Ln M M N N H r -I 11 x z O O El II r1 O ?� O O II r -I a A rI,`°� r-+ o a co a% r o o r%4 00 II coNV�%D0 O Co N II a% m O r -I II r -I M r -I r -IO M N H O OV 11 co Co O II �q r -I O .--I N r -I r-) II to v N O V N %D O 00 11 mNM1no cn O IV 11 01 Ln H o 0 11 If W � ~ H o cn a w z H W P 0 ED z cn A 0 Q UPOcn UxUUw wcnwzo Wwo •• w z MH>4wmHW pxoHa4U) cnwa cnU< cn • .. a cn Ei H aPaazE10 •aEiIZxOcn w7cn 0WE1 Iz a WZM0H�3H0EgUPWH<AHC4HW 4x0 a •• cn cn••o o a E1W2:0 Eiwr�cnocn>xx w0 w P a A OAWUWHw w Wo -D IZP0 A U cna a ww � ZHU) zEiw�> x HA cnHW Iz .Hu)O4 cnaG►-Ia s�C 7 AaaA ztzW4 UzLai H �ax►-aw �w o o Haoo 40E1 w a U)w H xwaw wcoPQ 0 x w U 4 a o P� (n U a x 4 E -A 0OGH0P0WcnPWZ:)0U40 a H.'7 HWa w �r�wwaoa�axaUcntif."O(YiR', H,=j < 64E4Z NU)<H a AEia H o0PP � WP40P�UWWE ZPP4�ZZZZ0 a O Ei a�xoacnxacnHWM0HHHH< a E1 * UNE -HW HOLMES & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 Telephone 012/337-9300 __1.= 1 to FEB 26 I CLI ENT SUMMARY CITY OrPLhviji3;,. Plymouth, City of Februaru 22, 1. j 3400 Plymouth Blvd. Plymouth, MN 55447 E ------------------------------------------------------------------------------ ' FED. 1. D. 41-i2'25694 Matter Services Disb. To `.al 9 Guist Preceeding Subsequent- 79.00 136.72 11 Prosecution Office Time 4,001.00 276. 50 $4, 277.. __) 12 Prosecution Court Time 4,6.48.00 74. 95 1,4, 7*2'. e5 13 Project 912 Eminent Domain 446.50 12.06 $456.56 *24 Play; Opinions 450.50 0.00 $450. SCI 25 PPOW v Joseph Alexander 114.00 0.00 $1114.00 27 Met-po1ink 1,187.50 0.00 t-1, i87. _C 26 Benin Special Assessm2n: Appeal 256. 50 1. 30 $237. E.0 Project 544 *32 General 7,841.50 2:6E. 58 $8, 11O. C8 37 County Road 6 Eminent Domain 104.50 4.00 f-0 Project 250 38 Courcy Road 18 Condemnation. 032 266.00 13.15 $279. '_5 42 Codification 88.00 0.00 $82.1-20 44 v J Begin Injunction 1,559.90 12. 65 $1, 572. =` 45 v Lectin (Cottonwood Pla.'_e) 209.00 1.40 $21G `t: 47 Dauer v City 47. 50 0.00 $47. _,-D 50 H�,enue Eminent Lona_n Project 139.50 0.00 .548 51 v LaT•rg Begin 47. 50 0.00 HOLMES &GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 Telephone 612/337-9300 CL I ENT SUMMARY Plymouth. City of February 22, 1990 3400 Plymouth Blvd. Plumouth, MN 55447 ------------------------------------------------------------------------------ FELE. I. D. Ti -1225694 54 Bonds — Special Matters 28.50 0.IC, 0 $28. 50 55 Leoin Nuisance Abatement and 1579.50 0.00 X57?. 50 !assessment Appeal 65 Complaint Draft 21 090. =0 0. 00 $2,090, =0 67 Grunwald Appeal1, J51. 0 0.00 $1, 351.. 00 71 Schmidt Lake Road Eminent Domain — 95.00 0.00 $9:r.:=�' Project 705 73 Plymouth Landina Housing revenue 10. 00 0.00 $1.{�. �°C3 Bonds Client, PLIOO Totals: $25. 640. 90 $001. 81 $26, 44.2— 71 Retainer Credit: $1,292.00 Total: $25,150.71 1 declare, under penalty of law -That this account, claim or demand Is just and correct and that no part tDf it h?x be=an paid. c\ ai n"ure oivJmard N-7 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: January 30, 1990 TO: Lieutenant Dennis Paulson FROM: Chief Richard J. Carlquist SUBJECT: TOWN MEETING COMMENTS FROM JANUARY 29, 1990 I received requests from residents who attended the Town Meeting this past evening relative to two different locations that should be checked. The locations are: Parkside Apartments and Xenium Lane from 37th to Scanticon. E711concern at Parkside is twofold. The first is that there is egal parking on 41st Avenue adjacent to the apartment Afrbuildings. The second is that there may be fire lane violations on the property itself. With respect to Xenium Lane, the resident was concerned about southbound traffic at about 8 a.m. Monday -Friday. He was i concerned that, in particular, from approximately.�3.7th Avenue 7 North (which is approximately where the gravel road ends southbound) to about 34th Avenue, where the stop sign is, that the cars are speeding. He also felt that from the stop sign to approximately Scanticon that the cars were driving considerably above the 30 m.p.h. speed limit. Please see that assignments are made through roll call to attend to both of the areas mentioned. The officers should file a report concerning their observations so that I may share them with the City Council. RJC:sb cc: James G. Willis.- City Manager V ` f �-7 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: February 26, 1990 TO: Chief Richard J. Carlquist FROM: Sergeant Larry Holzerland SUBJECT: PARKSIDE APARTMENTS PARKING COMPLAINT Since the first of the year there have been six fire lane tags issued at this location. There have been no tags issued to any vehicles parked on the street. In the past, vehicles have parked on 41st diagonally on the east side boulevard as overflow from the apartments. This practice has discontinued - probably due to the winter weather. We will monitor this situation to prevent it from reoccurring. Parking spots are very limited here, especially during summer months when fewer tenants use the underground parking. The patrol officers have been advised to check this location frequently for fire lane violations. LH/sb CITY OF'PLYMOUTH 3400 PLYMOUTH BLVD.. PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO - DATE: 2/26/90 TO: Director Carlquist FROM: Sgt. Holzerland SUBJECT S.E.A. #90-2 Xenium Ln. between 34th. and 37th. Ave. Six radar surveys have been completed at this location in response to citizen's complaints of speeding during the morning rush hour. Twenty-four citations were issued. The results are as follows: SPEED # 20 or -less 2 0 20/25 17 6 26/30 35 14 31/35 62 24 36/40 68 27 41/45 19 7 46/50 1 0 *30 MPH POSTED SPEED LIMIT 0 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: March 1, 1990 TO: James G. Wa;i) ity FROM: Charles d, Manager Community Development Coordinator SUBJECT: HENNEPI UNTY APPLICATION FOR 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 only 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) -T- 0 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 MEMO DATE: February 28, 1990 TO: Dial -A -Ride Passengers FROM: Frank Boyles, Assistant City Manager SUBJECT PROPOSED SERVICE CHANGES FOR APRIL 1, 0 For distribution to passengers March 5-9, 1990. Dial -A -Ride ridership has grown to the point where it exceeds our ability to provide service with the existing vehicles during peak hours. For example, during January, Morley Bus Company had to deny 276 rides because of insufficient bus capacity. Most of the denials were during the peak hours of 6 a.m. - 9 a.m., and 4 p.m. to 6 p.m. To provide dependable Dial -A-Ride services and increase ridership capacity, we are contemplating a number of changes scheduled to become effective April 1, 1990. These changes are: 1. Add one additional 13 -passenger van between the hours of 6 a.m. to 9 a.m., and 4 p.m. to 6 p.m. daily. This brings our peak hour fleet from three to four vehicles. This action will cost about $31,400. 2. To pay the additional costs for this equipment we will: a. Raise fares from $1.00 and $1.50 to $1.50 and $2.00; and b. Discontinue all Sunday service and all service to in -town Maple Grove and New Hope K -Mart since ridership has not justified continuance. Prior to taking these actions, I want to hear from our riders on the affect these proposed revisions would have on you. I would appreciate receiving your reactions to this proposal, in writing if possible, by Friday, March 23. You may simply write your reaction on this notice and give it to your driver, or send your comments to me at 3400 Plymouth Boulevard. A third option is to call 24 hours a day to our message center at 550-5062 and leave a recorded message about your reaction. At their March 28 meeting, the Plymouth Advisory Committee on Transit will be discussing this issue to decide whether or not there the revisions should be implemented. You are invited to attend this meeting to share your views. Any comments received by March 24 will be provided to the committee for information. PROPOSED SERVICE CHANGES FOR APRIL 1, 1990 February 28, 1990 Page 2 - Please let me know if you have questions by calling 550-5013. FB:kec cc: Joe Morley, Morley Bus Company Mayor & City Council Plymouth Advisory Committee on Transit Regional Transit Board 5v,: 31%.31g0 COMMENTS Return to Driver. Thanks! PLYMOUTH CREEK HOMEOWNERS' ASSOCIATION P.O. BOX 41633 PLYMOUTH MN 55447 TELEPHONE (612) 557-1758 February 22, 1990 Mr. Scott Hovet, CAE Office of Tax Assessment City of Plymouth 3400 Plymouth Blvd., Plymouth, MN., 55447 Dear Scott, I. Just a word of appreciation for yourself and your able assistant, Mike Carroll, for the time you both gave to owners of Plymouth Creek townhomes last Thursday explaining the assessment basis for property tax valuation purposes. Your presentation clearly outlined the two objectives of that process, namely (1) - the determination of proper market valuation and (2) -equity between owners of similar townhome units. And the fact that this process is done annually based on actual sales of the previous year highlighted the currency of the process and its striving for fairness. Your candor, supplemented by Mike's amazing recall of specific situations, added to the credibility of the presentation. Again, on behalf of Board members and residents of Plymouth Creek, a well- deserved "thank you," and "well done." Sincerely, William E. Jac , Manager cc: James Willis, City Manager Board of Directors, Plymouth Creek H.O. Association ,yy jb 1f, FEB 27 t99J Ci Cf PLYMINTH February 26, 1990 U.S. West Direct 2500 South Havana Aurora, Colorado 80014 SUBJECT: RECYCLABILITY OF TELEPHONE DIRECTORIES Dear Sir/Madam: At the City of Plymouth we have worked hard to promote resident involvement In recycling of solid waste. Our residents have responded with over 50% of our residents participating in our weekly recycling program. Within the recent month, we have received a substantial number of phone calls from residents asking whether your white or yellow page directories are recyclable. Our Recycling Contractor advises us that they are not because of the gum binding used. Given the fact that the directories are large, distributed annually, and distributed to a large number of people, it would be ideal if they were recyclable. Over the next year I hope that you will be able to make the necessary revisions to the white and yellow page directories to make them a renewable resource as another step in reducing our solid waste landfill problems. I would appreciates it if you would share your plans in this matter when you get a chance. / Fi' hfikWyles Assistant City Manger FB:kec cc: Mayor and City Council 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 aa� -T- - aab February 19, 1990 Mr. Richard J. Carlquist, Public Safety Director City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mr. Carlquist: This is in reference to your letter of February 9 which I received by registered letter at the Plymouth post office on February 17. Enclosed is my check for $50.00 in payment of your alarm permit fee. This payment is being made "under protest" for the following reasons: 1. 1 was informed that the Plymouth City Council restored the provision for one "free" false alarm per year, beginning 1990. Since my alleged "false alarm" occurred on December 7, 1989, would it not be possible to carry that over into 1990 since it was so close to the end of the year and that we had had no other "false alarms" during the year? 2. The "false alarm" which you cited was due to a mechanical or electrical malfunction which was totally beyond our control. As a matter of fact, I didn't even know that we had had a "false alarm" until receiving your letter. As I explained to Mr. Darrell Anderson of your staff, I still have no idea what caused it, but I believe it was a result of a very momentary electrical fluctuation. We should not be charged for something that was beyond our control. 3. It has always been my impression that homes which have alarm systems enhance the ability of your police and fire personnel to protect private property. In this instance Mr. Richard J. Carlquist February 19, 1990 Page 2 we are being penalized for providing a system designed to assist your staff, for which we have incurred sub- stantial installation expense and annual fees for monitoring. It seems a bit much to also be required to purchase a "security alarm permit"! 4. The substantial property taxes which we pay each year should be sufficient to expect your department .to provide the necessary police coverage to protect our property, including a rare "false alarm". I We will appreciate receiving your response to these concerns at your earliest convenience. Although payment is being made to preclude your revoking our "privileges" to operate our alarm system, we will expect a refund of the $50.00 payment upon your final determination of whether we really owe it. Sincerely, Ellis A. Olson 5995 Vicksburg Lane N. Plymouth, MN 55446 EAO:ks Encl. cc: Kim Bergman, Mayor 3400 Plymouth Blvd. Plymouth, MN 55447 February 23, 1990 Ellis A. Olson 5995 Vicksburg Lane Plymouth, MN 55446 North CIN OF PLYMOUTR SUBJECT: RESPONSE TO FALSE ALARM PERMIT FEE LETTER Dear Mr. Olson: Thank you for your letter concerning your displeasure with the false alarm ordinance. The police department actually invites criticism of the services that we provide in order to better reflect on the effectiveness and efficiency of our organization. You have asked that I respond specifically to four different areas as covered in your letter: 1. I was informed that the Plymouth City Council restored the provision for one "free" false alarm per year, beginning 1990. Since my alleged "false alarm" occurred on December 7, 1989, would it not be possible to carry that over into 1990 since it was so close to the end of the year and that we had no other "false alarms" during the year? Answer: No. A line has to be drawn somewhere. In this case it was January 1, 1990. 2. The "false alarm" which you cited was due to mechanical or electrical malfunction which was totally beyond our control. As a matter of fact, I didn't even know that we had a "false alarm" until receiving your letter. As I explained to Mr. Darrel Anderson of your staff, I still have no idea what caused it, but I believe it was the result of a very momentary electrical fluctuation. We should not be charged for something that was beyond our control. Answer: You should not be charged for false alarms that are considered acts of God, such as storms involving high winds and lightening or other instances of power outages. In this case, the burden of proof is on the alarm user. Absent an act of God or an attempted entry into your home, an alarm permit fee is required. 3. It has always been my impression that homes which have alarm systems enhance the ability of your police and fhe fire personnel to protect private property. In this instance, we are being 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 559-2800 Ellis A. Olson Page 2 penalized for providing a system designed to assist your staff, for which we have occurred substantial installation expense and annual fees for monitoring. It seems a bit much to also be required to purchase a "security alarm permit"! Answer: We encourage property owners to protect their property with alarm systems. We do this in hopes of preventing crime. Not to raise revenue via alarm permit fees! Last year we had a total of 1,314 false intrusion alarms. The majority of alarms the police answer are located in the commercial sector rather than the residential. Approximately 5% of our residential properties are alarmed. In order to diminish the two sword effect of advocating alarm systems and yet being responsible to respond to false alarms, a security alarm permit system was implemented. Admittedly, the permit system may not be all that effective; but, it could be much worse! Less than one-half of one percent of alarm calls are valid. It is my understanding that some out-of-state city police forces are not responding to intrusion alarms - only private security firms. 4. The substantial property taxes which we pay each year should be sufficient to expect your department to provide the necessary police coverage to protect our property, including a rare "false alarm." Answer: Last year your property taxes were $3,657.04. That is substantial in anybody's book! The share of your property taxes that went to the City of Plymouth was $548.00. The resulting portion that helped fund the Police Department budget in 1989 was $152.43. Generally speaking, public safety services financed by the general fund property taxes are to equip the department to respond to incidents when needed. It is not a pay -for -service type of arrangement. That is why a false alarm permit fee system was established to cover some expenses via a users fee concept. A refund of your $50.00 payment can be made by Council resolution. I hope that I have been able to answer your. questions fully. Again, thank you for taking the time to register your complaint. Sincerely, Richard J. C rlqui Public Safety Director Plymouth Police Department cc: James G. Willis - City Manager Plymouth City Council P a / etz4l--X� OL &x, A, /0 4&ct, N&f zl� hil IV 4'Wo� `(<2 ;,'f:��:`:Z�h,''k�t,'' l � �{/[� WVVW G.�C �i �V� Y !9 `���//�/j/✓`7"�f%..� T�C;:;C�•2if`�Ls:=Ki, &U,4,�o 40ut AU IV P-1111 —btc/ty (71 February 28, 1990 Ms. Patti Richardson 17030 - 30th Avenue N. Plymouth, MN 55447 Dear Ms. Richardson: I - a ac� Thank you for your letter about the City Council's decision to replace Plymouth on Parade with a bimonthly newsletter. I am pleased to learn that you found Plymouth on Parade to be both a good source of information and a handy format. I have passed your letter on to the City Council. The City Council considered many options when deciding to replace Plymouth on Parade. They opted for the newsletter format in order to provide more visibility to city news and less of the detailed articles on routine city activities. The newsletter will focus on shorter, quicker reading articles which we hope readers will find informative and interesting. I'm sure that you will find the new newsletter to be just as helpful as the you found Plymouth on Parade. Thanks for taking the time to voice your opinion. Sincerely, Helen LaFave Communications Coordinator 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 CITY OF PLYMOUTH - February 26, 1990 David G. Schwain Medicine Lake Sailing Club PO Box 27536 Golden Valley, MN 55427-0536 Dear Mr. Schwain: The City of Plymouth has no objection to the issuance of a permit by the Hennepin County Sheriff for the Medicine Lake Sailing Club to hold sailing races during the summer of 1990. The City appreciates your commitment to safety and your willingness to help anyone on the lake who may need assistance. I wish you, and the other members of the Medicine Lake Sailing Club, good winds for an exciting season of sailing races. Sincerely, E4.-, 6�6AZ Eric Blank Director of Parks and Recreation EB/np cc: City Manager Director of Public Safety 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 February 26, 1990 To: Richard Carlquist, Chief of Police From: Marvin Nelson, Patrolman Re: Deer in the metopolitan area Qa Jif V'T - I i During the past few years we have had several very mild winters with light snow cover. This along with our farming and natural areas has provided an abundance of food readily available to wildlife. These conditions are ideal for the growth of the deer herd. This past summer and fall, even at Crystal Airport, we enjoyed watching three deer browsing in the lush grass just off of the approach end of one runway. When it comes to animals, there are very few people who are as compassionate as I am. It is a very undesirable log entry to dispatch a deer on the roadside after being hit by a car. However, the thought of these creatures dying from their injuries and/or starving to death in a field is even less desirable. What I am trying to say, with clarification, is that I am strongly in favor of a controlled harvest of the deer in the Plymouth area. The idea of hunting in a metropolitan area such as ours gives rise to a multitude of concerns for citizens' safety. The thought of an individual roaming about our city with a high-powered rifle looking for something to shoot is nothing short of terrifying. To provide you with a potential solution to this dilema I propose that Plymouth be established as a primitive hunting area or an archery area. To eliminate those who would still be classed as a hazard, I propose the City host a Rendezvous. This is a term used in identifying a gathering of individuals who live in the woods (i.e. mountain men). At these Rendezvous they traded for supplies and competed in various sporting events for prizes they all donated, drank and swapped stories. A Rendezvous enables the City to legitimately qualify the potential hunters without concern about discrimination charges. It assures that only the best and most qualified would be in the fields. An entry fee defrays the costs. The top prizes are permits to hunt deer in the City of Plymouth during the time period coinciding with the state season. LAURESS V.ACKMAN GERALD E. MAGNUSON EDWARD M.GLENNON MELVIN I.OREI/STEIN ROBERT,J.SHERAN ISRASL E. KRAWETZ EUGENE KEATING JAMES P.MARTINEAU RICHARD J. FITZGERALD JOHN A.FORREST WILLIAM E. FOX JOHN J. CONNELLY JERROLD F.EERGFALK DAVID M.LESEDOFF JOHN H.STROTHMAN DAVID G. NEWHALL KURTIS A. GREENLEY ROBERT V. ATMORE PATRICK DELANEY RONALD G. VANTINE JOHN B.WINSTON LAURANCC R. WALOOCH THOMAS H.GARRETT 111 DARYLE L. UPHOFF DAVID J. DAVENPORT MARK R.JOHNSON RICHARD A. PRIMUTH R. WALTER EACH MAN THOMAS L. FASEL JEFFREY R. SCHMIDT TIMOTHY H. BUTLER ROBERT G. MITCHELL.JR. J. MICHAEL DADY J. KEVIN COSTLEY ROBERTJ.HARTMAN JOSEPH G. KOHLER RICHARD O.MCNEIL DONALD C. SWENSON BRUCE A. BONJOUR JAMES P.MCCARTHY STEVEN J.JOHNSON RICHARD IHRIG CAROL T. RIEGER RODERICK I.MACKENZIE WILLIAM E. FLYNN JAMES W. REUTER MICHAEL S. MARGULIES THOMAS G. LOVETT IV THOMAS E.GLENNON JOHN R. HOUSTON DENNIS M.O'MALLEY EDWARD J.WEGERSON February 27, 1990 LINDQUIST & VENNUM 4200 IDS CENTER MINNEAPOLIS, MINNESOTA 55402-220S TELEPHONE 16121371-3211 FAX: 16121 371-3207 CABLE: LINLAW MINNEAPOLIS WAYZATA OFFICE 740 EAST LAKE STREET WAYZATA,MINNESOTA SS391 WRITER'S DIRECT DIAL NUMBER Mayor and Councilmembers City of Plymouth 8400 Plymouth Blvd. Plymouth, MN 55447 (612)473-4208 DANIELJ.SHERAN DAVID A. ALLGEYER TERRENCE J. FLEMING ROLF ENGH RICHARD T.OSTLUND DEBORAH M. REGAN MARTIN R. ROSENBAUM ELINOR C. ROSENSTEIN ROSANNE H. WIRTH DEBRA K. PAGE MICHAEL D. OLAFSON JOEL H. GREEN DAVID L. HALLETT CHARLES R.WEAVER,JR. DAVID L. SASSEVI LLE DAVID A. DONNA JONATHAN M. BYE MARY P. MCCONNELL SALLY S.GROSSMAN TIMOTHY R. BAER TIMOTHY S. MCINTEE JOSEPH A. THOMSON ANN L. IIJIMA ELIZABETH G. ABY SALLY J. WHITESIDE KATHARINE N. HELMS WALLACE G. HILKE CHARLES P. MOORSE PATI JO POFAHL LUKE H. TERHAAR KAREN L. SCHREIBER CHARLES J. LLOYD JAMES A. LODOEN SUSAN R. MONKMEYER JON G.TRANGSRUO TIMOTHY Y. WONG RANDY G. GULLICKSON SARAH DUFF HALVORSON SANDRA KIM WILLIAM R. MIKOS ROBERT E.TUNHEIM ANSI$ V. VIKSNINS LAURA L. DALY OF COUNSEL LEONARD E.LINDOUIST NORMAN L. NEWHALL RETIRED THOMAS VENNUM Dear Mayor Bergman and Councilmembers Vasiliou, Ricker, Zitur and Helliwell: Thank you for meeting with me and Bob Boisclair of to review Boisclair Corporation's proposals for affordable senior housing in Plymouth. We would be pleased to provide you with any additional information that you might need to evaluate financing alternatives for Plymouth Landing. It is our understanding that the Council now desires to consider different financing options and, depending,on what consensus might emerge from the Council, ask Boisclair Corporation to respond to the Council's preferred financing method. While we are awaiting further City Council direction, Boisclair Corporation will proceed with the application process required for approval of the townhouse project since the option on this property has been previously extended on two other occasions and it is not likely that an extension beyond the current June 1st exercise date can be obtained from the land owners. Thank you again for your time and attention on Monday and we will look forward to hearing from you at your earliest convenience as LI,NOIQUIST & VENNUM Mayor and Councilmembers City of Plymouth February 27, 1990 Page 2 to what Boisclair Corporation might do in association with the City to make Plymouth Landing a reality. Sincerely LINDQU T EN David J. Da v nport DJD: cap cc: Mr Robert Boisclair Mr. Jim Willis = - IQI:_:;� Z�l ham',.•..• :, CITY OF PLYMOUTH - February 27, 1990 Mrs. Mark DeVinny 1255 Sycamore Lane Plymouth, MN 55441 Dear Mrs. DeVinny: Thank you for sending me the letter with your request for new equipment at Gleanloch Park. For your information, I have forwarded copies of your letter to both the City Council and the Park and Recreation Advisory Commission. I have also sent a copy of your letter to Mark Peterson, Superintendent of Parks, for -his information. I have asked Mr. Peterson to look into the issue of new sand at Gleanloch Park. I'm sure this is an area where we can make immediate improvements. In response to your question about new playground equipment, the City has a five-year capital improvement program, which allocates funding for these types of improvements. The current capital improvement program calls for total replacement with new equipment at Gleanloch Park in 1993. With your input, it is possible that the City Council could choose to expedite the proposed replacement program. I would like to schedule a time when I could meet with you at the park, so that I can get a better understanding of exactly what your desires and concerns are. If you would call me at 550-5131, we could schedule a meeting when the weather gets a little warmer. Thank you for your time and interest in this matter. Sincerely, Eric Blank Director of Parks and Recreation EB/np cc: City Manager=..Q Superintendent of Parks 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 TO: City Of Plymouth, J'ark and Recreation Dept. = . We, the residents .near Gleanloch Park would like to see some changes in our park. There is a great need for some new equipment and improved maintainence of park area. We would like new sand,more swings and some large muscle activities since the number of children in this area has _ increased dramatically. 1# Sincerely, ;low , -�,;i �c L ft , Ire - v CITY OF PLYMOUTH - February 26, 1990 Mr. Brian Cederlind 16730 - 32nd Avenue North Plymouth, Mn. 55447 SUBJECT: CITY RECYCLING PROGRAM CASH DRAWING Dear Mr. Cederlind: This is to acknowledge the note from you written on the notification for the February 21, 1990 Cash Drawing. You state that the understanding you had was that the recyclables had to be out at the curb by 8:00 A.M. Prior to June 1, 1989 the recycling contractor employed by the City started pickups by 8:00 A.M. and therefore we were able to use that time. Beginning June 1st, however, the old contractor went out of business and the City had to scramble and find a new contractor to haul the recyclables. The City was only able to locate one contractor and he insisted on starting at 7:00 A.M. In order to continue the Cash Drawing it was necessary to change the time for which recyclables had to be at the curb because the City has no idea in which location the hauler will start his pickups. The City, therefore, sent out a First Class Notification to all residents of the City notifying them of the changes made necessary by the new contractor. I am enclosing a copy of that letter for your information. I am also enclosing a copy of the City's Recycling Brochure which was sent out to all homes. In addition to these two notifications, several articles have appeared in the Plymouth on Parade, the Plymouth Post, Wayzata Sailor, and Wayzata Weekly News all stating that in order to be eligible your recyclables must be at the curb by 7:00 A.M. This information is also on the City Cable Channel 37. While I can understand your disappointment and I am sorry that you were unable to claim the $400.00 prize, I am sure you can see by the enclosed material that your understanding about having it out by 8:00 A.M. was incorrect. The City appreciates the efforts which you are making in the recycling program and it is my sincere desire that your address will be drawn again very soon. I would ask that you please place your items at the curb by 7:00 A.M. in order to remain eligible. Thank you. Sincerely, Richard J. Pouliot Project Coordinator RJP:sm cc: Fred G. Moore, Director of Public Works 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 ro. CITY OF PLYMOUTR Date: Feb. 21, 1990 Mr./Mrs. Brian Cederlind 1673(1 3?nrl Ave Plymouth, MN SUBJECT: CITY RECYCLING PROGRAM CASH DRAWING Dear Mr./Mrs. Brian Cederlind: This letter is to let you know that your address was drawn for the weekly cash drawing. Unfortunately there were no Recyclables at your curb when I checked at 7:05 this morning. The amount that you would have won had your Recyclables been at the curb by 7:00 a.m., properly separated, was $ ggn.nn I am sorry that you were unable to claim the prize today, but you continue to remain eligible for future drawings and I hope that your address will again be selected by the City Council very soon. Thank you. Sincerely, Richard J. Pouliot Project Coordinator RJP:sm �—�- -1 1'� e. ti,.CLU-e a \ IU��S ,Pu,-� ova Ou v� r f}IY� Ij'l a,(1 o 07v 4v� �C /iZt, l�vu dcw s �-e� vt C� w e �` 4wAS i� -.�--12o v,c� �n.�' d'� ! � �� � (.c �-� �'►�J C' -S Cl v'-+ 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 C> -� dam► ey L(71 %A- VY% f -4 - Al ' � u l� G�.Y1- February 28, 1990 Senator Patrick McGowan 132B State Office Building St. Paul, MN 55155 Dear Pat: Thanks for taking time from your very hectic schedule to meet with us Monday evening. The Mayor and Council appreciated your sharing with them your observations on various matters currently before the Legislature. Meetings such as this provide a good opportunity to not only become better acquainted but to gain a better understanding of some of the issues which you confront day in and day out. We appreciate your commitment to public service and want to continue working closely with you on the issues which affect Plymouth and its fine citizens and businesses. Best regards, ame Willis ity Manager JW:kec cc: Mayor & City Council 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 February 28, 1990 CIN C PLYMOUTR Senator James Ramstad 123 State Office Building St. Paul, MN 55155 Dear Jim: Thanks for taking time from your very hectic schedule to meet with us Monday evening. The Mayor and Council appreciated your sharing with them your observations on various matters currently before the Legislature. Meetings such as this provide a good opportunity to not only become better acquainted but to gain a better understanding of some of the issues which you confront day in and day out. We appreciate your commitment to public service and want to continue working closely with you on the issues which affect*Plymouth and its fine citizens and businesses. Best regards, 4ames . Willis C y M nager JW:kec cc: Mayor & City Council 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 February 28, 1990 Representative Ron Abrams Room 211 State Office Building St. Paul, MN 55155 Dear Ron: Thanks for taking time from your very hectic schedule to meet with us Monday evening. The Mayor and Council appreciated your sharing with them your observations on various matters currently before the Legislature. Meetings such as this provide a good opportunity to not only become better acquainted but to gain a better understanding of some of the issues which you confront day in and day out. We appreciate your commitment to public service and want to continue working closely with you on the issues which affect Plymouth and its fine citizens and businesses. Best regards, es G. Willis Ci Manager JW:kec cc: Mayor & City Council 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 February 28, 1990 Representative Warren Limmer Room 327 State Office Building St. Paul, MN 55155 Dear Warren: CIN OF PLYMOUTFF Thanks for taking time from your very hectic schedule to meet with us Monday evening. The Mayor and Council appreciated your sharing with them your observations on various matters currently before the Legislature. Meetings such as this provide a good opportunity to not only become better acquainted but to gain a better understanding of some of the issues which you confront day in and day out. We appreciate your commitment to public service and want to continue working closely with you on the issues which affect Plymouth and its fine citizens and businesses. Best regards, 4k.mesG.Willis ager JW:kec cc: Mayor & City Council 3400 PLYMOUTH BOULEVARD, PLYMOUTH; MINNESOTA 55447, TELEPHONE (612) 550-5000 i aa� ROBBINSDALE AREA COMMUNITY EDUCATION CENTER 4139 Regent Avenue North Robbinsdale, Minnesota 55422 (612) 535-1790 February 14, 1990 OPEN MEETING March 6, 1990 - 3:00 to 4:30 p.m. Robbinsdale Area Community Education Center Room 010 City of Plymouth Mayor Kim Bergman 3400 Plymouth Boulevard Plymouth, MN 55447 The Robbinsdale Area Schools is preparing an application for federal Even Start monies. Even Start Is a special family -centered program that combines adult literacy, parent education and early childhood education into a unified program. We wish to review with you the elements of the proposal and obtain your Input on the needs of young families living In Independent School District #281. An Informal meeting of human service providers from the northwest suburban area has been set for March 6, 1990 from 3:00 to 4:30 p.m. at the Robbinsdale Area Community Education Center, room 010. Please come and share your expertise. Yours truly, Mary Negr Coordinat Adult Academic Program 6 INDEPENDENT SCHOOL DISTRICT 281 Robbinsdale Area Schools Learning for a lifetime of growing Linda Powell Superintendent Peter Tysdal 3015 East Medicine Lake Blvd. Plymouth, Mn. 55441 February 23, 1990 Kim M. Bergman Mayor, City of Plymouth 3400 Plymouth Blvd. Plymouth, Mn. 55447 Dear Mayor Bergman: I received the 1/8 letter regarding the 1/29 town meeting while I was out of town and having my mail forwarded to me. I was unable to attend such meeting because I did not return until 2/10. Upon my return, I had asked around the neighborhood but was unable to find anyone who had attended this meeting. I am particularly interested in what was discussed regarding the parks and trail system as the last I heard the county wished to put a trail through my kitchen and the living room of my house next door. Through the limited information I have received to date regarding you, I have received the impression that you are a more fiscally responsible politician than your predecessor. You may already know that tearing down my homes is an unnecessary and a blatant waste of public funds. I would like to know your position on these trail plans. Yours truly, i Peter Tysdal February 26, 1990 Mr. Kim Bergman Mayor City of Plymouth 3400 P1ymouyh Boulevard Plymouth, Minnesota 55447 Dear Mr. Bergman: l 19g� �•, .rte .. As promised in our recent telephone conservation, enclosed is the material that serves as the basis of our claim that there is not a need for Schmidt Lake Road. Please review carefully the figures presented by Strgar that present current traffic patterns and the carrying capacity of these roads. Some important paints for consideration: (1)The fact that the DNR granted Plymouth the permit is not prima facie evidence that the Road is needed. The DNR routinely grants 90%-95% of all permit requests involving protected waters. (Source: Tom Dixon, DNR). (:)There has been no irreparible damage to the wetlnds from construction. The construction to date can be made into upland and added to the Plymouth trail system. (3)There is a movement, bath locally and nationwide, that recognizes the important functions that wetlands and open space serve. T have spoken before bath the Plymouth City Council and the Planning Commission , encouraging both bodies to take a more visionary and proactive stance in this area. Plymouth should assume a leadership role in this important area. (4)By delaying any further construction of Schmidt Lake Road through the wetland, you will contribute to the neighborhoods on either side of Schmidt Lake Road as it warAders through much of northern Plymouth. Many residents remain concerned about the impacts of this Road on the character and safety of their neighborhoods. (5)Until County Road #10 and Zachary Lane are upgraded, the need for Schmidt Lake Road cannot be determined. The only evidence is a traffic study that extrapolated a 3.5% traffic growth rate (when the historic growth rate for this traffic region, according to Strgar, is only 2.9%) into the future. Shouldn't a project that impacts so many residents not to mention a diminishing resource be put off until a meed is demonstrated by actual, and not projected, trends? Kiwi, thank you for the time you spent with me on the telephone. I look forward to your comments following your review of the enclosed material. Please be mindful of the important role you can play in the area of resource protection. As Harry Drabrk said, "And each time we will have to call � �n such as you to rise with us in defense of the splendid, y4lent Earth, which has no defenders, save us.'' Sii%W'ere�y Thoman/W. Stenoien September 4, 1989 As one of the co-founders of Plymouth's Protcztors of Wetlands, Inc. (PPOW), I have studied the material that purportedly demonstrates the meed for the construction of Schmidt Lake Road through an unnamed wetland in northern Plymouth, and which is the subject of our lawsuit against the Department of Natural Resources (DNR). In order to build this road through a DNR pv'`Lactrd `^etland, the City of Plymouth was required to obtain a permit issued by the DNR. To obtain the necessary permit, the City was required to demonstrate a current need for tho road , and hired the consulting firm of Strgar-Roscoe-Faundh,Inr' (hereafter Strgar) to conduct the traffic studies. lhe ' original Strgar study served as the basis for Plymoxth's contention in its Environmental Assessment Worksheet that Schmidt Lake Road was needed. This is an essential point-- ' the original Strgar study failed to demor/strato a cul -rent � need for the road, even though the study uscd growt|, cti that unrealistica1ly high and capacity projections � were - � estimates that were excessively low. To remedy this, the City commissioned a new study (Strgar 2) that purportedly demonstrated the current need that previously had hoen found lacking. The Department of Natural Resourcer (DNR) determined that this study was more persuasive, and granted ' i� t build the road But Strgar 2 Plymouth � perm o ~ ' demonstrates a current need only if certain facts are ignored. The first fact is that County Road #10 is due for cxpansion in 1990.(Source� Mr. Bruce Polactyk, Preliminary Dosign Engineer, Hennepin County Public Works). currently, County Road 410 is predominantly a two lane road botween County Road #18 and #494, the traffic corridor that would he served by the Schmidt Lake Road extension through the wetland. By expanding County Road #10, much of the east/west traffic would be handled by a Road that is currently only a two lane r9a6. Strgar 2 asserts thai even with an expanded County Road #10, the traffic corridor served by 59 and #10 would be \hovercapacity. This contradicts the original Strgar �r study,which shows (Figure 21 "Exsisting*daily Traffic (1986) and Screenlines") that current traffic levels (1986) was County Road about 29600 vehicles per day (14200 vehicles on 010 and 15400 vehicles per day on County Mad h 9). Yet Strgar also asserts that the capacity of each road is between 25000 and 3000(} vehicles per day, for a combined capacitl, of 50000 to 60000 vehicles per day. Using the figures presented by Strgary County Roads 09 and #10 are ~ ' under capacity � b some 20000 to 30000 vehicles pun day. aa� Acceleration of the "need" for Schmidt Lake Noad from sometime before 2010 to 1989 is simply not b, -.sed on the facts. The other fact that was conveniently ignored by the City of Plymouth was the City's own plan to expand Zachary Lane so as to act as a north/south feeder to County Roads 49 and #10. With Zachary Lane expanded to four lanQ s (currently two), the need for another east/west read to serve this corridor is obviously diminished. Zachary Lane will be able to efficiently deliver greater numbers of vehicles to the two County Roads that I have already demonstrated aced leave the capacity to handle. This will also relieve some of the congestion on neighborhood streets (most notedly, 18th Avenue North) noted in Strgar 2. Strgar 2 did not evaluate feasible and practiQa l alternatives to the build scenario. The study detailed the queuing at #9 and Saratoga Lane without mentioning that the intersection lacks a left turn only signal,which would surely alleviate much of the traffic. Strgar 8 mentioned the traffic problems along 48th Avenue North without exploring alternatives such as traffic signs on this street that would reduce the attractiveness of this sti-•ent as a throughfare. Nor did it comment on the p� �s nibi l ity that 45th Avenue North, a four lane road also allignod to carry east/west traffic, could more aedequately hai"dle the traffic than 48th Avenue does currently. Thus, Strgar 2, no more than the original Strgar stud.y', does not demonstrate a current need for the extrnrion of '.=c:hmi.dt Lake Road through this previously protected -cat l and. and if the facts that (1) County Road #10 is planned .for, Qxpransion, (2) Zachary Lane is planned for expansion, and (3) alternatives such as traffic signals and expanded usr of exsisting streets are considered, then the City did not present feasible alternatives to the build decision. That the DNR did -not insist on a more thorough evaluation Of -alternatives is nothing less than a dereliction of duty. The DNR saw through the inaedequacies of the original. Strgar study. Even though the authors used a exce 5ivul.y ►-iii h growth rate of 3.5% (when the historical growth rata rot- this arthis region was 2.907 the authors could come up with little more than the statement' that before the year 2010 Schmidt Lake Road would be needed. The authors also u ed ra capacity figure that was purposely low (25,000 to 30,000 vchic-les per day) . Mr Christensen of the Minnesota Department � �f' VLSI � Transportation, in correspondance attached, estimated that the capacity of a four lane road should be '.S0x:00 vehicles per day. The use of these lower capacity estimates obviously made the need for the road 1S correspondingly higher. An evaluation of tl•rc--� presented as an attachment to these pages dc::c� or,n -i :}!:r: thzt;, depending oA the growth rate and capacity ras"comph i..,n s hold, the read may never be needed. Please also rc•viow they .letter from Mr. Christensen of the Department of Transport -=,I: i _•n on the capacity of four lane roadways that demonstrates the Strgar study's use of excessively low capacity estimates. Last, common sense should come into play when evaluating the need for this road. Where Schmidt Lake Road is proposed to be built, the distance between County Road A `a and it 10 is slightly greater than a mile. Where else in this state are there three four -lane roads within about a mile that carries vehicles in the same direction.? The City of Plymouth has not demonstrated a current, need for the extension of Schmidt Lake Road. Nor has it whoc. n that feasible alternatives to the build decision +•Jr..re sFzi-•iously considered. We think that the DNR's approval of a pOrmit should be reversed until the City of Plymouth call demonstrate a current need and can prove thM thcur are no practical and' feasible alternatives to the c_onnt:ruct ion Of this road. Thomas W. Stenoien President PPOW, Inc. Table E When is the road really needed? Assumption of 13.5%/yr. carrying ! capacity of I Pi-nad 1 ----------------------------- 2501-10 Vehicles/day 1 2001 3000C) Vehicles/day 1 2007 35000 Vehicles/day 1 2010 Growth l=ate Assumptions 1 2.9%/yr 1 3.5%/5yrs 1 3.5%/10yr ! 1 2.9%/21►yr I 2.9%/15yr ! I ! l 1 ! 2005 S ! -2010 1 1 beyond 1 2010 I 1 2003 1 21!! r2 I I 20117 ! s ! 1 beyond I beyond 1 2010 1 1 2010 1 a i N 3.5%'/1Ciyrs I. 2.5 /-'/ 15yr s 1 1 1 'i 03. ! 2( 1() 1 1 bey6nd ! 2010 I i Kim : �I . .S q �- aQZD Sg� a� �qto Ch,Ct 4. - y� p Y'o a.c�lil0.,� C.�P a.G t�tt�o �f'a.rv�lL' `��•o'�w1 a� S oo D . j "5-4� veuzd-m /aSir a� `�CKZ—i-11WI� ? Aa d�i 000 X50 000 d�Giti✓�Xb , v C7 r G 3.5% foo I, �T G), 46,1c,04 IZAP L:G�r Put 210 o" Table 1 3.5% growth assumption END OF YR YEAR TRAFFIC RATE TRAFFIC ; 1986 F1 2 j5 296OO SAS' 1.0350 1.0350 3� 1636 31708 1987 30636 1988 31708 1.0350 32818 1989 32818 1.0350 33967 1990 33967 1.0350 35156 1991 35156 1.0350 36386 1992 36386 1.0350 37659 1993 37659 1.0350 38978 1994 38978 1.0350 40342 1995 40342 1.0350 41754 1996 41754 1.0350 43215 1997 43215 1.0350 44728 1998 44728 1.0350 46293 1999 46293 1.0350 47913 ' 2000 47913 1.035O •49590 2001 49590 1.0350 51326 2002 51326 1.0350 53122 2003 53122 1.0350 54982 20014 54982 1.0350 56906 2005 56906 1.0350 58898 20016 58898 1.0350 60959 2� X07 60959 1.0350 63093 20108 63093 1.03501 65301 201.)9 65301 1.0350 67587 2111() 67587 1.0350 69952 Table 2 2.9% growth assumption END OF YR YEAR TRAFFIC RATE TRAFFIC �. 1986 29600 1.0290 30458 1987 30458 1.0290 31342 1988 31342 1.0290 32251 1989 32251 1.0290 33186 1990 33186 1.0290 34148 1991 34148 1.0290 35139 1992 35139 1.0290 36158 1993 36158 1.0290 37206 1994 37206 1.0290 38285 1995 38285 1.0290 39395 1996 39395 1.0290 40538 1997 40538 1.0290 41713 1998 41713 1.0290 42923 1999 42923 1.0290 44168 2000 44168 1.0290 45449 2001 45449 1.0290 46767 2002 46767 1.0290 48123 2003 48123 1.0290 49519 2004 49519 1.0290 50955 2005 50955 1.0290 52432 2� X06 52432 1.0290 53953 •2007 53953 1.0290 55518 2008 55518 1.0290 57128 2009 57128 1.0290 58784 2t � 10 58784 1.0290 60489 YEAR 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Table 3 Variable rate growth assumption Peg. of YF, END OF YR TRAFFIC FATE TRAFFIC 29600 1.0350 30636 30636 1.0350 31708 31708 1.0350 32818 32818 1.0350 33967 33967 1.0350 35156 35156 1.0290 36175 36175 1.0290 37224 37224 1.0290 38304 38304 1.0290 39414 39414 1.0290 40557 40557 1.0290 41734 41734 1.0290 42944 42944 1.0290 44189 44189 1.0290 45471 45471 1.0290 46789 46789 1.0290 48146 48146 1.0290 49543 49543 1.0290 50979 50979 1.0290 52458 52458 1.0290 53979 53979 1.0290 55544 55544 1.0290 57155 57155 1.0290 58813 58813 1.0290 •60518 60518 1.0290 62273 Assumes 3.5% growth rate for the 1986- 1991 period, followed by the historical 2.9% growth rate cited in the city's traffic study. J Table.4 Variable rate growth assumption Beg. of YR END OF YE YEAR. TRAFFIC FATE TRAFFIC 1986 29600 1.0350 30636 1987 30636 1.0350 31708 1988 31708 1.0350 32818 1989 32818 1.0350 33967 1990 33967 1.0350 35156 1991 35156 1.0350 36386 1992 36386 1.0350 37659 1993 37659 1.0350 38978 1994 38978 1.0350 40342 1995 40342 1.0350 41754 1996 41754 1.0290 42965 1997 42965 1.0290 44211 1998 44211 1.0290• 45493 1999 45493 1.0290 46812 2000 46812 1.0290 48169 2001 48169 1.0290 49566 2002 49566 1.0290 51004 2003 51004 1.0290 52483 2004 52483 1.0290 54005 2005 54005 1.0290 55571 2006 55571 1.0290 57183 2007 57183 1.0290 •58841 2008 58841 1.0290 60547 209 60547 1.0290 62303 2010 62303 1.0290 64110 Assumes 3.5% growth rate for the 1986- 1995 period, followed by the historical 2.9% growth rate cited in the city's traffic study. !• Table 5 Variable rate growth assumption Beg. of YR END OF YF YEAR TRAFFIC FATE TRAFFIC 1986 29600 1.0350 30636 1987 30636 1.0350 31708 1988 31708 1.0350 32818 1989 32818 1.0350 33967 1990 33967 1.0350 35156 1991 35156 1.0350 36386 1992 36386 1.0350 37659 1993 37659 1.0350 38978 1994 38978 1.0350 40342 1995 40342 1.0350 41754 1996 41754 1.0250 42798 1997 42798 1.0250 43868 1998 43868 1.0250 44964 1999 44964 1.0250 46088 2000 46088 1.0250 47241 2001 47241 1.0250 48422 2002 48422 1.0250 49632 2003 49632 1.0250 50873 2004 50873 1.0250 52145 2005 52145 1.0250 53448 2006 53448 1.0250 .54785 2007 54785 1.0250 56154 2008 56154 1.0250 57558 2009 57558 1.0250 58997 2010 58997 1.0250 60472 Assumes 3.5% growth rate for the 1986- 1995 period, followed by a 2.5% growth rate. June 22, 1988 Pred Moore Director of Public Works City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 RESPONSE TO THE ENVIRONMENTAL* ASSESSMENT WORKSHEET (EAW) FOR THE CONSTRUCTION OF SCHMIDT LAKE ROAD FROM SARATOGA LANE TO ZACHARY LANE IN PLYMOUTH, MINNESOTA. The City of Plymouth has presented its case for the extension of Schmidt Lake Road through the Department of Natural Resources (DNR) protected wetland 579W. While addressing many of the environmental concerns associated with the construction of this road, the central issue --has the City demonstrated that this road is needed? --remains. I hope to show that, indeed, the City has not demonstrated a. current need for the road, and that, using the City's own study, the road may never be needed. In order for the City to build this road, it must be able to demonstrate a convincing need because the road will encroach upon DNR protected wetlands. Therefore, the City contracted with the engineering firm of Strgar-Roscoe-Fausch, Inc. (hereafter Strgar) to conduct an Alternative Feasibility Study "to identify, document and evaluate the technical feasibility of possible alternative alignments for the proposed street." As part of this study, a Traffic Needs Analysis was undertaken. The conclusion, quoted from page 4 of file No. 080708651. dated June 26, 1987, presented something considerably less than a convincing current need: "The results of this analysis clearly indicate Schmidt Lake Road a+ill be needed by the year 2010 to provide an appropriate facility to maintain an acceptable level of service on C.S.A.H. 9 and C.S.A.H. 10" Why the City is proposing the destruction of DNR protected wetland in order to build a road that will not be needed for many years is puzzling. Perhaps their engineers and planners feel as I do; that is, that the traffic study's assumption of a 3.5% compounded growth rate of traffic is not a reliable and accurate estimate, and so they had better get this road contructed before actual counts prove their assumptions false. As mentioned, the major assumption in the Strgar study was that the ,b.5Y. growth rate that this area has experienced in the past decade .would continue for the next 25 years. Extrapolating this rate to the year 20109 *the study projects that some 70,000 vehicles per day will travel on County -Roads 09 and #10. This far exceeds the carrying capacity of these roads, even assuming County Road #10's expansion to four lanes. I have presented in Table 1 the projected traffic levels that will result if the 3.5% growth rate holds true until the year 2010. . 4 . Table 21 using a constant 2.9% growth rate through the year 2010 results in a projected 609000 vehicles per day. The 2.9% growth rate _ is the historical growth rate for the entire metropolitan area for the years 1971 - 1986. Table 3 presents a variable growth rate assumption. For the years 1986 - 1990 a 3.5% rate is assumed, followed by a 2.9% rate for the years 1991 - 2010. By 2010, under these assumptions, some 62,000 vehicles will travel in this corridor. Table 4 assumes a variable growth rate of 3.5% for the years 1985 - 1995, followed by the historical rate of 2.97. for the years 1996 - 2010. This assumption results in some 649000 vehicles per day. The last assumed growth rate, presented in Table 5, uses 3.5% for the ,i: i rst ten years, followed by a 2.5% growth rate for the years 1996 - 2010. This results in some 60,000 vehicles per day. Depending upon the growth rate selected, by the year 2010 the corridor served by County Roads #9 and #10 will have to accomodate between 60,000 (Table 2) and 70,000 (Table 1) vehicles per day. The Strgar study states that the capacity of a four lane road is 25,000 - 309000 vehicles per day, and for planning purposes uses the lower figure throughout the study. The use of this lower figure, of course, makes the City's argument for the extension of Schmidt Lake Road that much more compelling, but is it accurate? The carrying capacity of a road is influenced by a number of factors, Including grade, curvature, shoulders, restrictions, the number of intersections, the percentage of use by trucks, and so on. In fact, according to the Highway Capacity Manual, published by the Transportation Research Board, Washington D.G. (1985), the theoretical capacity of a one -lane road is some 29000 vehicles per hour, or 48,000 vehicl.es per day per lane. The unique characteristics of a road will determine what the acutual capacity of the road is, but the study's use of the 25,000 figure is just an estimate, and a conservative estimate at that. Table 6 uses the data presented in Tables 1 through 5 and, depending upon the assumption of a capacity of the existing roadways adopted, displays when the road will be needed. If the capacity of Roads 09 and #10 is each assumed to be 25,000 vehicles per day, then between them the capacity is 509000 vehicles. From Table 1, the 509000 vehicles per day level is not reached until the beginning of the year 2001. But under a 2.9% growth rate assumption (Table 2), the 50,000 .vehicle per day level is not reached until the beginning of the year 2005. Now assume that County Roads #9 and #10 can, between them, handle 605000 vehicles per day. If the growth rate persists at a 2.97. rate, then the 60,000 level will not be reached until the year 2010. The significance of Table 6 can be summed up as follows: — Under whatever assumptions held, the earliest that this road is truly needed from a traffic needs standpoint is the year 2001. — This holds true only if all the assumptions most favorable to the City are accepted. — Since the City cannot document a current need from Strgar's study, the DNR should deny the permit needed to build the Schmidt Lake Road extension across the DNR protected wetland 579W until such a time that the City can prove•a need. That, I submit, will not be for at least a decade. Tom and Mary Jo Stenoien 10510 49th Avenue N. Plymouth, MN 55442 June 22, 1988 ADDITIONAL RESPONSE TO THE ENVIRONMENTAL FOR THE CONSTRUCTION OF SCHMIDT LAKE ROAD ZACHARY LANE IN PLYMOUTH, MINNESOTA. ASSESSMENT WORKSHEET (EAW) FROM SARATOGA LAI1r TO The numbers before my responses refer to the numbers in the EAW as submitted.by the City of Plymouth.' #18b. The delineated 100 year flood plain will be affected by any construction. There is only a temporary, wooden control at the location where the wetlands drain. How accurate have the City's calculations .been as to the correct level of these wetlands? What impact will the removal of peat soils (#19) called for under the project have on the ability of these wetlands to absorb and hold water in abnormally wet seasons? Will the City be able to ensure that the wetlands south of the proposed roads will continue to receive aedequate water, thereby avoiding the drying out as is evidenced by the wetlands separated by County Road #9 at Larch lane in Plymouth Minnesota? These issues are not aedequately addressed in this EAW. #22b. Stormwater runoff will be discharged into holding ponds in these wetlands. Oil, gasoline, salt, and chemicals will therefore flow into the DNR protected wetlands. This has the capacity to damage the vegitation and the wildlife of this wetland. No estimate of the environmental impact of this runoff has been presented. #23a. The EAW asserts that there will be no net increase in air pol- lution. There: will, however, be a new,distribution of air pollution. Many neighborhoods not previously exposed to high levels of air pollution will now face increased levels of this pollution= these. neighborhoods tend to be closer to the source of the future pollution (the expanded Schmidt Lake Road) than are those neighbor- hoods around County Roads #9,#10, and #18. The homes around these roads tend to be farther from the source of the pollution than are the homes around the expanded Schmidt Lake Road. #27c. &e. This is an ecologically sensitive area. It is teeming with an assortment of wildlife and serves a vital function of water storage and -purification. A wetland this size within an urban setting is a rare and unique thing. This is especially true in cities such as Plymouth, where the develop -at-breakneck-speed ethic is alive and flourishing. If it was not a valuable and unique area, why did it have DNR protection in the first place? In the addendum, the city freely admits that the road will not be needed until the year 2010 under the assumption listed in its traffic study. There are a numbertof assumptions in the traffic study that should be questioned: (1) the City's use of a 3.5% growth rate for the next 25 years when the historical growth for this entire region for the period 1971-1986 was only 2.9%;(2) the use "for planning purposes" of the 25000 vehicles for both County Road #9 and the upgraded #10 when, by the study's own admission, the range on these roads is 25000-30000 vehicles per roadway= (3) the assumption that some 3000 vehicles per day will detour from Highway #55 to further congest #9. Even if these assumptions are accepted, the DNR should deny a permit since the City cannot demonstrate a current need. Additionally, the 'C1ty-.did• not1 assess :the impact of noise , and air pollution,congestion, and ;-*.other effects that this road will likely have on 49th Avenue North east of County Road #18 in the City of New Hope. Nowhere in the EAW did the study quantify or analyze the value of these wetlands. A roadway through them, even the least in- trusive, will bring in noise, air, and runoff pollution that is simply incompatible with this urban wetland. And since the City has failed to demonstrate a current need for the roadway, the conclusion must be that the DNR denies a permit for the construction of this road. Thomas and ,i7yJ4d'-SteAoiidn 10510 49th Avenue North Plymouth, Mn. 55442 . J 10 -M IM 700 MAPLE GROVE Ae x. 494 ksl— 00 Une So Lo 2,400(a 21,400 PL "Go PW EOK'Mf LAKE 1.400 4,170 1 10 29,600 N 00 EXISTING DAILY TRAFFIC (1986) AND SCREENL FIGURE 2 INES COMMISSION oq� r% ��NNesor4 Minnesota yo Department of Transportation ja District 5 2055 No. Lilac Drive ,eA(- P'� "'OF TV Golden Valley, Minnesota 55422 June 28, 1988 Tom StenoienGU 10510 49th Avenue North Plymouth, Minnesota 55442 Dear Mr. Stenoien: (612, ✓,3- 8404 As you requested several days ago, I am furnishing to you information as to what I feel is the traffic capacity for a four -lane divided roadway. On June 28th, I furnished you that information by telephone along with a number of cautions as to the actual application of the information. This letter is a follow-up to the information I gave you by phone and to clarify some of the points that I discussed. The actual capacity of any roadway facility is difficult to identify without specific information regarding each particular intersection along that segment of road. It is the number of intersections along a segment of roadway and the design of each of them which govern the capacity of a road. Following is a list of variables which must be identified and analyized prior to identifying the capacity or level of service for a particular segment of road. Available literature has general boundaries with which to assume a "rough" capacity of a given segment of road given some general design configurations, but without the following information, a specific capacity analysis cannot be conducted for a given road, road segment or intersection.. The information necessary to complete the -analysis is as follows: 1) Predict the Average Daily Traffic (ADT) for the roadway for some future year (usually 20 years in the future). 2) Identification of directional distribution_ of trips (i.e. are the majority of trips inbound in the morning and outbound in the p.m. This is usually expressed as percentage of total ADT and can range from a 50/50 percent to a 80/20 percent split). An Equal Opportunity Employer Tom Stenoien Page 2 June 29, 1988 3) The number of trips percent of the ADT. to 18 percent). in the peak hour, identified as a (This value can range from 7. 4) The number through traffic lanes approaching the intersection from all directions. 5) The number of left turn lanes on all approach roadways. 6) The number of right turn lanes on all approach roadways. 7) Is the right turn lane designed as a free right (channelized island at intersection)? Rather than attempt to develop a theoretical capacity of an intersection, I have reviewed the current daily traffic counts at three intersections in Hennepin County, on Trunk Highway 252 at Brookdale Drive, 85th Avenue North, and 93rd Avenue North. Based on our experience, we feel these intersections are running near or probably over capacity. Ideally, we would like to see the traffic volumes at these intersections significantly lower than what we are experiencing, as these volumes are causing delays to the motoring public during the peak hours. The total daily traffic counts at these intersections range from 53,000 to 55,000 vehicles per day (Please note upper limit changes, as we found an error in our traffic count). These values were the summation of all the traffic approaching the intersections. (See attachment "A"). . Again I must caution you against using these figures as absolute criteria for any analysis. As I mentioned earlier in this letter, the actual capacity of an intersection and associated roadways are dependent upon a number of variables, most of which were listed above. I hope I have, been able to answered your questions to your satisfaction. S rncer y, kie —.Christensen Assistant District Engineer MMC: mjj k rrAe-R 1K EIJT •A. lohlit G 0?-- CS G) Q e N �- `�-H =,nrt-E �SCGT t o iJ Fro ALL '7 2cc_T �o NS CLe3`t P_icjl^7t-rov'%AS -fLOS I-Ilsvoul11- TPAFr-IC) A LL. G A'$eS 5 1 r E � , 'h -ti -e -t'o t A �- � � n T' �ev RdoTEM Y-lnc�.v. .401(0007 -qe_kiL`q-S DEPARTMENT OF NATURAL RESOURCES STATE OF MINNESO-TA DATE: 10/18/88 Z"O Sandy recht & Judy Souareaau Area Hydro i oci st- (Henneoi n Couhty ) (J h./) Area ri•i id l ife Manager Svi!JECT: i:'=.ty OrP'!ymouth - Sc:,m'idt Leake Road pro:ect. ?erm4t . Aootication J#89-5137 (27-579Vi) 'h 9 s resband> to DNRProtectedWaterspe rmi t Ao:7'i : ca _'i on 89-o 137 reaueat from the City of Plymouth. dated Sootembar` 13.1988 to construct• Sc�,midt Lake . Road :^rough DINR Protected Wet :and ii 27-5791-4. field 'insuected this orobosed we., tand devt•:lOa!^C?:l' invo•iv•inc, orotected wet-itand 27-579W and sound to be as L':;:r it e emergent wetland which provides imoortant feeding and nectlng :^.aU'i : tlt ; or` a 7'lt. i`d `Une`OUsmieasans. 1 Var ety OF V':at'Te =nc Uding ra''ayds, nonaame wetland wildlife a'aaecie-; Due! ::o continued iosseS f."Om Cr'ralnaiue arc deve1obment act'iv'it':e�s 0'f wet*iOnde--wit t^e mcL.^O :'E':-;'1C:n. tl`.G'E+C? !'Ga:11aa'i:�'ing wetlands are of vital imoortance to wildlife. :n addition LO -,ieit critical w i'id'i -1-e Va !ue. tiie:;c� wE�.'iaal:ci areas oerform .many hydroiocic functions that: are bene?{•':cial he oub: is at n0 Cost. "hey orOV'1 de ntltUl'ca 1 prULeCt'i On S rJm . ! Oc:d5 aa!`.d :'E`dUCE! t e severity of f%,00ding within the watershed and drainage basin by temoor'ar i ly retaining- surTaace water runOTT during heavy ra i:�s. -hey as i ;u Tu:�c: iah v:s important buffer` areas which filter and absorb nuz:rients ; roT ad.sracrn: U'D 1 ands and *-je l o to protect tne water aua'i i tV OT t:Ur : a Kt':S , river aIn❑ streams - 7r, ...^.e a't ob'lcavion for his permit c! .. U noI er-. ! ; e city oT Plymouth has C lear IV demonstrated that there is na othc-3r' ;`(!a';ibie .a`:C Itc 0te01,0jectiat wou eL_,sL1` �'tC::Cti alternative tl im.0ac1: or` •:hat th,e t)UbIiC neE:d a"Ur' the proecr`u les Uu."' r,e r1O-VUI I ti lterniat':ve (Mn. Rules 6115.0190 :subo..B ). The EAW •1nd'iCelt 0-S a •^Utad wou'd not be necessary until 2010, over twenty years from now. zn add-ition :fly ot-Frice r'laas rece''.VG'd numerous�C?ttGl`:3 !al`.a Cat !3 Voicina concern and opposition to this Or'U,jE:Ct (:sE:e attached 1 -etre":;; 1-etre":;; t:`e :i (2) As oresentiy or000sed alignment V! wowed i'? ..3 acres 04 - Bret iand habitat -in the deve ioamen:: Of` "'Schmidt Lake Road. However. this; rddressed only the direct 'loss of wetland acreage ar.o aces no: -actor In at tl i the indirect neaative imoaczs of- a road bisect•ina west iar• d -,7-579W. it Iddit•ion. the associated •imoacts to wetlands 27-585i4 and 27--534'x' by having t major thoroughfare within feet o!' their, shore i •fines w•i i . fur•tner• OQct1e!2:r;e :he: value of these wetlands to w•i ldl ite. It is unfortunate that our, wetland crotection or•o :r•a:ris al iow .or the develooment 8f wetlands in a segmented fashion. In tills, oarticular :ase we al iow the filiina of 4.5 acres in the Wild 'minas Ii De:veioument ender the Jurisdiction of U.S. Army Coros 404 oerm•it wit..l m•itiya:.ioil. and iow receive aooiication by -the City of Plymouth to construe:: a road to :ervi ce this devel ooment . .n my ooinion. all orimary and secondary wetl-i and mcac :5=:nnu'id ac. considered at one time rather than in a seamented fashion. 1':►:a:: way the :umulative negative affects of a develooment oro••rect can be inore accurately ISSessed. Because of the cumulative, adverse imoac:t: on :ands and ai ld i ife. 1 be i ieve it i:; -in the oub l ic's beat in -teres: ::o con ;e-rve: and 3rotect our state's rema•in•inq wetland resource. For ::hese reasons. •ecomme±nd that the Division of Water's permit for this or'o.ject be denied. :c: Doug Norri.. Joan G'a 'l I.1 Roger .johnsor'. -" STATE OF .. IM[rteCESOUZ& DEPARTMENT PHONE NO. OF NATURAL RESOURCES FILE NO. Au t For Immediate Release Subject: DNR FORMS PARTNERSHIP TO SAVE METRO WETLANDS For More Information: CONTACT PAUL BURKE, U.S. FISH & WILDLIFE SERVICE BIOLOGIST, 290,3131; JOHN STINE, DNR METRO AREA HYDROLC-GIST, 296-7523; FRANK SVOBODA, BRW CORPORATION ENGINEER, 370-0700. In a new initiative to preserve wetlands in the metro region, the DNR, BRW Corporation and U.S. Fish & Wildlife Service have organized a task force that will help developers and government agencies better address the impact of urban growth on wetland areas. The task force, to be known as "The Wetlands Group," will be comprised of developers, engineering firms and public agencies involved in wetland conservation. The group will work to avoid the loss of valuable wetlands and to facilitate wetland mitigation, which is the creation of new wetlands to offset losses where development impact is unavoidable. The need for better coordination among interested - parties was highlighted at last year's'Urban Natural Resources conference co-sponsored by the DNR in St. Paul. Paul B-ur•k-e, -Biologi-st for the U.S. Fis-h & Wi1dli-f= Se.rvi ce, said. the group's inai-n ob ja�c.t.i ve will be to provide timely wetland information to business groups and city Planners that can be used to promote both economic growth AN EQUAL OPPORTUNITY EMPLOYER and environmental health Tn metropolitan communities. He said the Fish & Wildlife Service is in the process of inventorying metropolitan wetlands and calculating the rate of loss for this purpose. Burke said The Wetlands Group will not be a bureaucracy or regulatory body but rather an advisory group and a clearinghouse for information on the location and status of wetlands. "We're still getting organized," he said, "but we envision an executive body comprised of land developers, conservation groups and agencies such as the DNR, Met Council and U.S. Fish & Wildlife Service. "We intend to serve municipal planners, watershed management agencies or any individual in need of help in wetland mitigation." The Wetlands Group will concern itself with balancing the relative values of wetlands and development. Questions they will look at include how to avoid wetland impact in the first place; how best to quantify the values of wetlands (agencies with regulatory -authority over wetland resources currently use criteria such as as wi-ldlife habitat value, ground water recharge value, food chain support value and others); should the co-nstruction of storm water retention ponds qualify as wetland mitigation? Should mitigation occur on-site, or should it be allowed some distance from the construction project? if so, how far? The Wetlands Group hopes to heighten the awareness of local officials as to the value of wetlands, and to r streamline the permitting process for developers who seek to,work in wetland areas. Anyone needing more information should call Paul Burke at the u . S . Fish & Wildlife Service at 290-3131- 11 90-3131. Vq r"E.d.itor, t�a'i. .iL•'S9�a�ii�tj ::?` ° + t`�• - •�{St.:ij'•:�t{.('"�:(. '12 �,'.'a• t I..n:ds:���� .i ..;}•ra,+::;.:.. •.• i (1„+..`1y1?r{.,i'L'}}'io;.j`: ,•..... ?{.1)z1 Wetlands may be our most underrated natural resource.: ;;;.{, . .t{'i:? .. .•�: •.:: ..: is /($; ti• . At tuiies,:farmers,!and,developers have regarded.wetlands., ' as a nuisance that,robbed them of usable,land,* an'obstacle to% be removed: As : a result; ::millions : `of 'acres,v of?':wetlands•; ► sometimesf.referred' to':.as: swamps; `bogs; :fens'sor' sloughs;: W11 dTedged and filled in favor^of civilization Between 1950.: y and the mid 'los, 11:million:acres'of marshes.?and swamps;, were destroyed in the �United States'i: ; _'�';•: '., '_� `K ':: .r t a':L '• '.,•..♦ t:y ."•ay�`ti.:}'J�L�M1'e.:�,.�tilf:•�{'�}�r`•a :: :ll�.tr,: x 7i9 1 t Today.scientists;;and-goavernment.regulatory agencies, re : aline.that,wetlands;;aM-*orie.of•our.:most-valuableand•produc-Y - tive ecological:'system �haiboring' unique soils?'and plants"*. ,that'are�ivital, to 1o&.; World-AThe. fine for ,capiiciously_ wiping out a?wetland without:authority: is steep, $125,000 plus resto,:: : ration .'costs,: -but once;a;i wetland;is :gone,;;it' is'�almost; im-' ' ppsgblevt♦oget tback'."` RNIr 7,�psT lt'i:S .Q i:'}..1�.. 1Y.}z:e.: ,•." Y;:.. .. ,• And when •a•.*ietland:is one `'you've••losV4—.loV tlands' ........ _. g :. f defiged;Aas transitional zones between open water''and t land+ are�uniq le 4bitats fora, variety of fish and wildl�fet +^ abut the are important fo other relsons.�, i x `�f ,��,-,'i`., Y,`•• •...,.+•.:�,�j�'�'•.; j+: •'� (.acid•.F♦.,A•kvY3:h"Y+4t�7't'�`w.+::wl`iYit,�. According to': data' f rom'�the ... nvironmental ;:Protection :, - . Agency, wetlands ,contribute"to .flood•:and erosion,,control; •waten-purification;••sediment control, 'and:breeding; spawn- ing;-. nursery pawn-ing;nursery and feeding areas for'fish and wildlife:The, EPA staies at:wetlands .also can •serve ­as,rechar e.,areas„for , - r: , under, bund sources of drinking water. , • ,:: �;;;; t , a • :; ,;_ ' `00an'intangibl 'no t wetlands.are beautiful. neighbors; Z . !.-f.. } roviding educational eational; and -.",research: oppor- :;” � ,unities• �� ' . .:,• • ,.' .4: L..; . :s a ..\ ... •'.,f,h.f�' .. c` „ .ter x�C,�{,c����ya-♦•,.:;,: ••.. .Yet more than halfiofourfwetlands tiavedisappeared .:and are being destroyted.at th"er-ate ofy458 00,0•acres' a year.:.PZ,! {: our; own.communities,46 frequently;see.battles�tietween:the,l� interests of development, versusa:•wetland; and Wtoo'often the wetland loses in favor.of ex enc . .•, ....•' ,,: ,;•.; �•�.. ... -F,, �.i.=:::� �'_;a. a,1y.af�,• °1 :`�i=a�'Si!n';"j'ltni: 'It usually takes twice'as long, a`year versus six months "to, build a road through a wetlands. EPA data indicates that it can cost up to 300 percent more to•fill a wetland for.a,project;' compared to building�;the'same �roject. at`'an''upland =site:? When we lose a wetland',' though, the.community's, loss,can-I • not be measured in dollars::-_ ;:. MORE `` r �,l`•;`AMERIC ��' ��`��� ��•�.TURNIN� ADDICT J. .. :,,; ice?•. D.05011 ayton's is about to build brand nevy and bigger department stores at 1`$outhdale and Rosedale l ; • r That's good news, of. course, for shoppers. -. 1 CIN OF PLYMOUTH - February 28, 1990 1111 1W mom SUBJECT: PARENTAL RESPONSE TO HANDLING OF DAMAGE TO PROPERTY COMPLAINT Dear Mr. & Mrs. S Officer Tim Oie shared with me the letters that you were responsible for sending. I was impressed with the response by your son and his friends to this incident. I was most impressed with the cover letter that the two of you sent. Both of you are terrific! Too many times in my 31 year career I have had occasion to deal with over protective parents who refuse to allow their children to learn and suffer the consequences of their actions. The result can be disastrous when the child is ultimately on their own. My hat's off to you, the other parents that you met with, and all of the boys involved. Your comment, "they, (the boys) realize that their parents love them and care about their behavior", is the underlying thesis of all good parenthood. Congratulations on a job well done! Sincerely, Q Richard J. arlqu' Public Safety Director RJC:lk cc: Officer Tim Oie James G. Willis, City Manager ♦0 3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447, TELEPHONE (612) 559-2800 a E J AAA t4 aj�-kx� CSI. -q4A cU wT, !�Px' Dear Officer, I am really sorry that I inconvenienced you lost night and I hope I can make it up to you in this letter. I am really glad that you can understand the stupid thing that a kid like me can do and I appreciate you being kind to us. I hope that you understand ghat I arra saying and accept my apology. J . W =. as ",\J MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: March 1, 1990 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: BILL KIVERSKY, 5095 IVES LANE Tuesday evening, February 26th I spoke with Bill Kiversky who lives at 5095 Ives Lane. Mayor Bergman gave you a note for me to call him regarding Schmidt Lake Road. Mr. Kiversky's property is immediately north of existing Schmidt Lake Road between Larch Lane and Zachary Lane. I discussed the future of Schmidt Lake Road in accordance with the City's adopted Thoroughfare Guide Plan. When Schmidt Lake Road was constructed in 1977 it was constructed to the proper width (four lane) to carry the future projected traffic as the northern part of Plymouth continues to develop. Currently, since there are low traffic volumes on this roadway, a portion of the road is being used for a bike lane. As traffic increases, the roadway will have to be marked for four traffic lanes and the bike lane reconstructed to the boulevard area. Even without remarking the roadway, as traffic increases and the existing traffic lane is blocked by a vehicle waiting to turn left, traffic will bypass these vehicles on the right and cause a hazard to the use of the bike lane. I also discussed with Mr. Kiversky the entire planning process which has taken place on Schmidt Lake Road since 1972. FGM: sm attachment