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HomeMy WebLinkAboutCouncil Information Memorandum 10-19-1990CITY COUNCIL INFORMATIONAL MEMORANDUM October 19, 1990 RECYCLING CASH DRAWDFG $300 Winner - Stephen & Elizabeth Saunders 1045 Zanzibar Lane Next Week: $100 UPCOMING MEETINGS AND EVENTS.... 1. COUNCIL SUBCOMMITTEE MEETING -- Monday, October 22, 4:00 P.M. A meeting of the Council Subcommittee to hear 1991 funding requests of social service agencies will be held in the City Council conference room. A copy of the meeting schedule with the various social service agencies is attached. (M-1) 2. TOWN MEETING - AREA 1 -- Monday, October 22, 7:00 P.M. Town Meeting for Area 1 residents in City Council chambers. Meeting notice and agenda attached. (M-2) 3. SPECIAL ASSESSMENT COMMITTEE -- Tuesday, October 23, 9:00 A.M. , Engineering Conference Room. 4. PLANNING COMMISSION -- Wednesday, October 24, 7:00 P.M. The Planning Commission will meet in the City Council chambers. Agenda attached. (M-4) 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 CITY COUNCIL INFORMATIONAL MEMORANDUM October 19, 1990 Page 2 5. FRAC -- Thursday, October 25, 7:30 P.M. The Park and Recreation Advisory Commission will meet in the City Council Chambers. Agenda attached. (M-5) 6. JOINT COUNCIL/SCHOOL DISTRICT 284 MEETING -- Monday, October 29, 5:30 P.M. The Council will meet with School Board 284 members in the City Council conference room. A copy of the draft agenda is attached. (M-6) 7. FIRE DEPARTMENT STUDY MEETING -- Thursday, November 1, 4:00 P.M. Representatives of Sumek Associations, Inc., will be in Plymouth October 30 through November 1. In developing a schedule for them, we are contemplating a meeting with the Mayor & Council on November 1, commencing at about 10 a.m. It is estimated this meeting could last to about 4 p.m. The purpose of this meeting would be to establish service delivery policies including, but not limited to: role of the Fire Department; services to be provided; levels of services; budgetary limitations; other matters as identified. This will be an important meeting for Councilmembers to attend. I hope that you all will be able to meet with the consultants. If any member has a problem with this schedule, I need to know immediately in order that we. might attempt to revise the schedule. 8. MEETING CALENDARS -- Revised October, November and December meeting calendars are attached. Changes to note on the calendars include: - October 22 Council Subcommittee meeting added. - October 23 Special Assessment Committee meeting added. - November 1 Fire Department Study meeting added. - December 3 Council Meeting cancelled. - December 10 Special Council Meeting added. - December 10 Joint meeting with School District 279 officials cancelled. FOR YOUR INFORMATION..... 1. ELECTION UPDATE -- Attached is a update from Laurie Rauenhorst on the November 6 General Election. At an emergency meeting of Hennepin County City Clerks this week, the problems associated with the write-in sticker campaign, and contingency plans for ballots and voting if the Republican governor candidate should withdraw from the election were discussed. Also attached are two election information pieces being distributed by the Secretary of State's office. The first handout provides general voter information on the CITY COUNCIL INFORMATIONAL MEMORANDUM October 19, 1990 Page 3 general election. The second handout covers the special absentee ballot procedures for military personnel in the Middle East. ( I-1) 2. n,SSOCIATION OF METROPOLITAN MUNICIPALITIES (AMM) 1991 PROPOSED LEGISLATIVE POLICIES -- Attached for each Councilmember is a copy of the proposed 1991 legislative policies which are being recommended to the AMM membership by both the Board of Directors and the Policy Committee. These policies will be discussed and voted upon at a full membership meeting which will be held on Thursday, November 1 at the Ambassador Hotel, St. Louis Park. The meeting notice and agenda are attached. Councilmembers may wish to note this date on your calendars and if you plan to attend, please advise Laurie Rauenhorst in order that reservations can be made. I believe it would be appropriate to have one or more City Councilmembers go and voice the City Council's positions with respect to these policies. (I-2) 3. CURBSIDE PLASTIC BOTTLE RECYCLING -- The Hennepin County Board has adopted a resolution requiring all municipalities to collect plastic bottles for recycling in spring, 1991. Attached is the notification by the County and a copy of the adopting resolution. The County will hold a meeting for municipal recycling coordinators on Wednesday, October 24 to discuss the phasing in of the plastics recycling program. The Council will be kept updated on the program's implementation. (I-3) 4. TRAIL SEGMENT IN CHELSEA MEWS -- Attached is a memorandum from Frank Boyles on an October 15 meeting with the Board of Directors for the Chelsea Mews Homeowners Association to discuss the completion of the trail segment in Chelsea Mews. The Directors indicated that at the Association's annual meeting in September, members were unanimously opposed to the trail segment because of issues involving safety and tree preservation, and for the general seclusion of the area. The Board has suggested the trail be relocated to bring it westerly along the Chelsea Woods/Steeplechase boundary line and into Chelsea Woods for connection to Archer Lane. (I-4) 5. NEW WATER TOWER ON LINE -- A memo from Fred Moore is attached on the new water tower on County Road 101. The tower was placed on line on October 12. (I-5) 6. FIRE ALARM APPEAL -- Attached is a letter from the City Attorney on the request of The Gaughan Companies to defer further enforcement of the City's fire alarm requirement until the State Fire Marshal's office hears the appeal. Jim Thomson concurs to take no further action until the results of the appeal have been received. (I-6) CITY COUNCIL INFORMATIONAL MEMORANDUM October 19, 1990 Page 4 7. MINUTES• a. Planning Commission Minutes, September 12, and September - 26, 1990. (I -7a) b. Bassett Creek Water Management Commission, September 20, 1990. (I -7b) 8. DEPARTMENTAL REPORTS -- The following monthly activity reports for September are attached.: a. Fire Department b. Public Safety Alarm Report 9. WASTE TRANSFER STATION -- The status report on Hennepin County's application for a Waste Transfer Station is attached. (I-9) 10. CUSTOMER SERVICE LINE -- Correspondence and staff follows up to calls received from the Customer Service Line are attached. (I-10) 11. GROWTH MANAGEMENT --The attached article on Growth Management is taken from the APA Journal, Winter 1990 issue. (I-11) 12. BZ CORRESPONDENCE -- I have received the following correspondence on Plymouth employees: a. Letter from Joe and Mary Faltesek, 15030 32nd Avenue North. (I-12) 13. CORRESPONDENCE: a. Letters sent to Plymouth area School District Superintendents asking their district's support for a Plymouth community library. (I -13a) b. Letter to David Lenhardt, Attorney representing LDK Builders, from Mayor Bergman, concerning the Kings North drainage matter. (I -13b) c. Letter of notification to residents of the PRAC October 25 public information meeting on the extension of trail from Parkers Lake Park and Juneau Lane east to Fernbrook Lane. (I -13c) d. Memo to Eric Blank from City Manager concerning the acquisition of the Norma Lewis property at 2047 Forestview Lane. (I -13d) e. Memo to Eric Blank from City Manager concerning Craig Scherber's offer to sell land for future community park. (I -13e) CITY COUNCIL INFORMATIONAL MEMORANDUM October 19, 1990 Page 5 f. Letter to Linda Power, District 281,Superintendent, from Councilmember Zitur, suggesting rotation of community representatives to the District's Just for Kids Program. (I -13f) g. Letter to John Sandberg, JRS Enterprises, Inc., from Joe Ryan, concerning a temporary certificate of occupancy for an engine test cell. (I -13g) h. Letter from Steven Tallen, Assistant City Attorney, regarding a proposed rule change in Minnesota Rules of Criminal Procedure. (I -13h) i. Letter from Donna Waataja, President, Armstrong Parent Association, requesting the City's support for assist in funding a police liaison officer to work full time at Armstrong High School. (I -13i) j. Letter and petition to Mayor and City Council against the extension of Schmidt Lake Road. (I -13j) k. Letter from Carole Rydberg, 3225 Wellington Lane, in opposition to the senior citizen discount on water rates. (I -13k) 1. Letter from Paul Baertschi, Assistant City Attorney, on the successful conclusion of a bias crime prosecution case. (I-131) m. Memo from Bob Zitur to City Manager requesting on the general obligation debt. (I -13m) n. Letter to Bob Long, Councilmember, City of St. Paul, on the City's interest in joining the Environmental Cities Coalition. (I -13n) o. Letter responding to Daniel Bernier, Assured Security, Inc., from City Manager, on the City's policy to assist motorists with locked vehicles. (I -13o) p. Letter to Kristi Schaller, 2825 Alvarado Lane, from City Manager, -for her letter complimenting the City on its recycling efforts. (I -13p) James G. Willis City Manager 1A . CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: October 17, 1990 TO: Councilmember Ricker and Councilmember Vasiliou FROM: Laurie RauenhorstAcity Clerk SUBJECT: 1991 SOCIAL SERVICE FUNDING REQUESTS The meeting of the City Council Subcommittee to hear 1991 funding requests of the various social service agencies will be held in the Council Conference Room on Monday, October 22, beginning at 4:00 p.m. A box lunch will be available. The following schedule has been confirmed with each social service agency requesting 1991 funding from the City of Plymouth. Each has been informed that they will have 15 minutes to introduce their program, make their request, and answer questions that you may have. 4:00 YMCA Detached Worker Program 4:15 Senior Community Services 4:30 Interfaith Outreach 4:45 Teen Suicide Prevention Task Force 5:00 Plymouth Domestic Assault Project - Home Free Shelter 5:15 West Suburban Mediation Center 5:30 Wayzata/Plymouth Area Chemical Health Commission 5:45 People Responding in Social Ministry (PRISM) 6:00 Northwest Hennepin Human Services Council 6:15 West Hennepin Human Services Planning Board cc: Frank Boyles, Assistant City Manager GO OCT 19'90 October 1, 1990 Dear Plymouth Resident: SUBJECT: TOWN MEETING, Area 1 Plymouth is a developing community and there are many actions underway or in the planning stage which could impact you. In order to maintain open communication channels with residents of the community, the City Council has scheduled a Town Meeting for residents of your area on October 22, 1990. In order to keep the meetings on an informal basis while dealing with specific topics of interest to you, the Town Meeting will be for the area shown on the map below. On the reverse side of this letter you will find the agenda topics for this meeting. Following reports on these topics, questions will be entertained regarding these or other matters. If you have questions about other issues you do not choose to raise publicly, the Resident Feedback Form you receive at the meeting may be used. Your particular concern will then be reviewed and a personal response provided. I encourage you to join Councilmembers Helliwell, Ricker, Vasiliou, Zitur and me at 7:00 p.m., October 22, 1990, at Plymouth City Center. We are anxious to meet you and look forward to this opportunity;to informally discuss matters mutual interest. If you have any questions about the Town Meeting, please feel free to call your City Clerk, Laurie Rauenhorst, at 550-5014. 1990 TOWN MEETWG SCHEDULE Sincerely, Kim M. Bergman Mayor the of ciM OCT 19,90 elm OCT 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 TOWN MEETING AGENDA AREA 1 October 22, 1990 7:00 p.m. I. PROPOSED CAPITAL IMPROVEMENTS A. Streets B. Sanitary Sewer C. Water D. Public Buildings E. Parks/Trails II. COMMUNITY DEVELOPMENT A. Development Activity B. Comprehensive Plan Update III. PUBLIC SAFETY A. Police/Fire Report B. Neighborhood Watch Program C. Animal Control IV. OTHER ITEMS A. Public Transportation - Plymouth Metrolink/Dial-a-Ride B. Local Government Cable Access Channel 37 C. Solid and Yard Waste Recycling Programs elm W 19'90 CIM OCT 1 i 190 M PLANNING COMMISSION MEETING AGENDA WEDNESDAY, October 24, 1990 CITY COUNCIL CHAMBERS WHERE: Plymouth City Center 3400 Plymouth Boulevard Plymouth, MN 55447 CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner, citizen or petitioner so requests, in which event the item will be removed from the consent agenda and considered in normal sequence on the agenda. PUBLIC FORUM 6:45 P.M. 1. CALL TO ORDER 7:00 P.M. 2. ROLL CALL 3.* CONSENT AGENDA 4.* APPROVAL OF MINUTES October 10, 1990 5. PUBLIC HEARINGS A. Greenwalt Development, Inc./M.G. Astleford Company. Preliminary Plat, Amended General Development Plan, and Rezoning for "Bass Lake Plaza 5th Addition" located at the Northeast Corner of Nathan Lane and 56th Avenue North (90084) B. Greenwalt Development, Inc. Site Plan, Zoning Ordinance Variances and Final Plat to Construct "The Wholesale Club" and plat "Bass Lake Plaza 5th Addition" located at the Northeast Corner of Nathan Lane and 56th Avenue North (90085) C. John McKee. Lot Division/Lot Consolidation and Waiver of Subdivision Ordinance located at 1345 Juneau Lane (90090) D. Amoco Oil Company. Amended MPUD Preliminary Plan, MPUD Conditional Use Permit and MPUD Final Site Plan for Service Station/Convenience Store/Car Wash located at the Southwest Corner of Plymouth Boulevard and Rockford Road (90091) E. Continuation of Public Hearing for Amendments to Zoning Ordinance from June 26, 1990 Meeting. (1) Flood Plain Regulations (4) Planned Unit Development Attributes (6) Temporary Real Estate and Other Signs 6. NEW BUSINESS A. Terry and Kathleen LeDell. Lot Division/Lot Consolidation and Subdivision Ordinance Variances located at the Northeast Corner of Sunset Trail and Pineview Lane (90094) 7. OTHER BUSINESS 1. Report on Wetland Regulations Task Force Activities 8. ADJOURNMENT GIM OCT 19 `90 Regular Meeting of the Park and Recreation Advisory Commission October 25, 1990, 7:30 p.m. AGENDA 1. Call to Order 2. Approval of Minutes 3. Visitor Presentations a. Athletic Associations b. Staff c. Others 4. Report on Past Council Action a. Playfields b. Acquisition of property at 2047 Forestview Lane 5. Unfinished Business a. Discussion of non-resident use of playfields - tabled at last meeting b. 1990 park projects review c. Special facilities - comprehensive plan - continue discussion 6. New Business a. Trail on Co. Rd. 6 between Fernbrook and Juneau (public information meeting) - referred from Council b. Request to buy land at Co. Rds. 101 & 24 (Craig Scherber) - referred from Council) c. Proposal to build city ice rink - referred from Council 7. Commission Presentation 8. Staff Communication 9. Adjournment Next regular PRAC meeting - November 8 CIM OCT 1 �4 DRAFT JOINT MEETING WAYZATA BOARD OF EDUCATION - PLYMOUTH CITY COUNCIL OCTOBER 29,1990 5:30 p.m. AGENDA I. PLYMOUTH COMPREHENSIVE PLANS -- How They Affect the District. II. PLYMOUTH DEVELOPMENT OUTLOOK -- Review of Development Trends. -- Boundary Changes Between School Districts as Development Occurs. III. SCHOOL DISTRICT PLANS -- Projected Enrollment within Plymouth. -- Need for Bonding and/or Additional Levy Capacity. IV. PROPOSED COMMUNITY LIBRARY V. DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E.) PROGRAM -- Review Program and Future Funding. VI. WAYZATA SCHOOL DISTRICT NAME -- Plymouth Identity. -- East (Ridgemount) Jr. High. CIM 0C. 19'90 r `— O N 0 r. 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C3 O ZrZ-� g � Z N �LU d7 ¢� LoLUN o'� H 0 x U— Q L L G N U LL Ltd LU E+ Pt a ►-� O N 0 O J o O -U Op S F co m ,� N aZ�M Qoo� M U CD Q ch 0 0 aC owls- M U 1� r Li = Z: N O co Q Z D co co N M r- N Clan OCT 19 t90 i �r L CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: October 18, 1990 TO: Frank Boyles, Assistant City Manager FROM: Laurie Rauenhorstr 'ty Clerk SUBJECT: ELECTION UPDATE Yesterday an emergency meeting of all City Clerks in Hennepin County was held to discuss the various problems and decisions to be made prior to the General Election. I previously reported on the "Victory 190" absentee applications sent throughout the state by the IR party. The County has discovered that many voters are receiving two sets of ballots, which may cause a shortage of ballots overall if we have a good voter turnout. There is a safeguard in place which prevents more than one ballot from being counted; however, there is no way to avoid numerous sets of ballots being mailed to voters. With the recent events in the governor's race, cities are receiving calls from voters wishing to retrieve or revote their absentee ballot. If their absentee ballot has been received by the city, it is "in the ballot box" and cannot be returned to the voter. The only way a voter could change their vote would be to vote in person at their polling place at 7:00 a.m. on election day, before the absentee ballots are delivered to the precincts. This way their absentee ballot would be rejected and their vote in person counted. If the absentee ballot were already counted, the voter would be turned away and not allowed to vote. The sticker group is moving ahead and has already printed 1.5 million "lick and stick" stickers to be mailed and handed out by volunteers at the polls. I am anticipating that we will receive complaints from voters that the volunteers are too close to the polls (as we do regularly for exit polling). The volunteers handing out stickers must be 100' from the door to the entrance of the room where voting takes place. In some of our polling places this means inside the building! I have my 100' tape measure ready. CIM OCT 19 '90 Memo - Election Update October 18, 1990 Page 2 The Secretary of State has identified five options that cities could use for handling the sticker campaign if it continues: 1. Status quo - Run a normal election. Disadvantages are that our maintenance agreement is void for sticker damage to the equipment and the City pays the cost for equipment repair, and if stickers bring our equipment down, we would have to hand count all offices. 2. Don't use the Optical Scan equipment at all - This puts the City in the category of running a paper ballot election. A totally new crew of election judges would be brought in at 8:00 p.m. to hand count the ballots. 3. Use the Optical Scan equipment after the polls close - The equipment would be put in the precinct and plugged in to run the preliminary zero tape at 7:00 a.m. when the polls open. Then the machine would be unplugged and put away until 8:00 p.m. At that time the judges would look at each ballot, running those without stickers through the equipment, and duplicating each ballot that contains a sticker. 4 and 5. These options relate to asking the voter whether or not they used a sticker to vote. An Attorney General's opinion specifies that use of a sticker is legal and any notice or question to the voter could be construed as discouraging or encouraging a certain vote. These options are legally risky and could be reason for contention of the election results. Even if we informed voters they cannot use stickers, the odds are that at least some voters would use them anyway, particularly if they are handed out as voters walk in to vote. All cities in attendance at this meeting indicated they intend to use Option 3 (use of the Optech for counting after 8:00 p.m.) if the stickers are mailed to voters. The Secretary of State is recommending Option 3 also, although it is solely a city decision. The media also indicates there is the possibility of a candidate withdrawing from the election. The Attorney General has ruled that withdrawal is legal for a partisan candidate. If there is a withdrawal, the State Central Committee has up to four days before the election to fill the vacancy in nomination. If this should occur, auxiliary paper ballots with the one office will be printed. Election judges would cross off that office from the regular ballot and voters will be handed a paper ballot, along with their two other ballots, when they vote. Depending on whether a candidate withdraws and whom is nominated, we could be dealing with: 1) Two Optical scan ballots and a sticker campaign, elm OCT 19'90 Memo - Election Update October 18, 1990 Page 3 2) Two Optical scan ballots and an auxiliary paper ballot and no sticker campaign, or 3) Two Optical scan ballots, an auxiliary paper ballot, and a sticker campaign. If any of these situations materialize, counting will not be completed by the election judges on Tuesday. Our equipment is not intended for central counting so we will have to let it cool down after every few hundred ballots to avoid overheating. The law requires that once counting is started, it must be completed. In other words, the election judges will be working until counting is finished. Another requirement under the option chosen is that counting must be done in the precinct, rather than at the City Center. We are contacting our polling places to let them know that we may be there much longer than the 11:00 p.m. previously predicted. The League of Women Voters has been advised by the County that results may not be available that evening. Candidates will be advised by the County. The City's Election Budget will be overexpended in the areas of Temporary Salaries, Overtime, and Payment for Polling Places if the sticker campaign proceeds. The County, Secretary of State, and cities are working to establish guidelines for these various contingency plans. We may not know until Monday, November 5, exactly how the election will be conducted. We are trying to prepare for each scenario. CIM OCT 19'90 BUSINESS RECORDS CORPORATION =- I IMPORTANT NOTICE TO ALL OPTECH III -P USERS Thursday, October 18, 1990 _ There is a state-wide sticker campaign going on in the State of Minnesota. It appears to be running very well and organizers intend to distribute 1.5 million labels to be applied to ballots. The affected candidate has over 1,400 volunteers to work within 100 feet of each precinct and hand out these stickers. Many cities and counties.. worked very hard to get an emergency ruling from the state, but a ruling banning stickers was not obtained► The optical scan systems that are currently being used in Minnesota CANNOT TOLERATE STI,Q W BRC Optech III -P ballots MUST NOT HAVE STICKERS ON THEM! If any foreign object, siac-% sticker or a piece of tape, is placed on an Optech III -P ballot, it CAN AND WILL COME OFF the b�& being read! This sticky material can gum up the interior works of the III -P by covering up read h , wraK `99 ping around roller heads, or melting anywhere within the works of the machine! Any of these oe jnces 0 WILL MAKE YOUR III -P INOPERABLE!! c BRC therefore takes the stand that ANY BALLOT RUN THROUGH THE OPTECH III -P THAT CUP TAINS FOREIGN OBJECTS (i.e., STICKERS, TAPE, etc.) WILL NULL AND VOID ANY AND ALL III -P WARRANTIES AND MAINTENANCE AGREEMENTS/CONTRACTSM All labor, repairs, cleaning, and parts required to repair the damage these invalid ballots cause will be billed at BRC's current book price (our III -P labor rate is currently $150/hour with a three hour minimum - $450/minimum - billed to the client). What can you do to avoid the potential problem of damaging your machines with these altered ballots? Here's an example of what Hennepin County is doing: #1 The morning of the General Election, before the polls open, each Hennepin County precinct will turn on their III -P's to ensure they are operating properly. #2 They will then produce a "zero tape" from each unit. #3 The III -P's will then be UN -PLUGGED and WILL NOT BE USED AGAIN UNTIL THE POLLS CLOSE! #4 After the polls close, the election judges will plug in the III -P's and WILL CAREFULLY FEED GOOD BALLOTS INTO THE MACHINE MANUALLY. BALLOTS WITH STICKERS, TAPE, OR ANY OTHER FOREIGN OBJECTS WILL BE RE -MADE BY THE JUDGES; THE RE MADE BALLOTS WILL THEN BE MANUALLY FED INTO THE III P. If you decide to follow this process, BE CERTAIN YOU DO NOT RUSH THESE STEPS!! The machines may heat up if ballots are fed too rapidly. And please remember...a single foreign object CAN AND WILL DAMAGE YOUR III -P!! Check your ballots carefully and feed them through at a normal pace. As always, remember that the III -P's will handle WRITE-IN'S (in lieu of a sticker vote) without any special handling ... but you will have to inspect each ballot before insertion to ensure that a voter did not attach a sticker. This could be considered a violation of the voter's privacy! If you have any questions regarding this procedure, please call BRC at once at 800-892-2383 and ask for an election support person—we'll guide you through this process as painlessly as possible! 7227 Third Street South, P.O. Box 1082, St. Cloud, MN 56302 Phone: 612-253-2170 CIM OCT V1,90 JOAN ANDERSON GROWE Secretary of State ELAINE VOSS Deputy Secretary of State SECRETARY OF STATE VOTER INFORMATION TOPIC #1 BALLOTS Pfau of IffirinPsata OFFICE OF THE SECRETARY OF STATE ��i1ilt �'ttit! 55155 r 180 STATE OFFICE BUILDING Corporation Division: 612/296.1803 UCC Division: 612/296.2434 Election Oivis$on: 612.'296.1805 Office of the Secretary: 612/196.3266 Office of Deputy Secy.: 6121296.2309 RUN BETWEEN OCT. 5-12 These are general answers to questions which are frequently received by the Office of Secretary of State Joan Growe. For answers in specific situations you should consult with local election officials. Q. WHAT WILL BE ON MY BALLOT ON NOVEMBER 6TH? A. * U.S. Senator * U.S. Representative * State Senator * State Representative * Associate Justices of the Minnesota Supreme Court * Judges of the Minnesota Court of Appeals * District Court Judges * Various county and local non-partisan offices * One Constitutional Amendment Q. HOW DO CANDIDATES GET ON THE BALLOT? A. * Major party candidates for partisan offices file affidavits of candidacy and must win their party primary in order to be placed on the general election ballot. * Minor party candidates for partisan offices file affidavits of candidacy plus nominating petitions signed by eligible voters and they go directly on to the general election ballot with no primary. * Candidates for non-partisan offices file affidavits of candidacy and generally they would go directly on to the general election ballot unless a primary is necessary to narrow the field of candidates to no more than twice the number to be elected. - MORE - SEE OVER - "AN EQUAL OPPORTUNITY EMPLOYER" elm OCT 19'90 Q. HOW IS THE ORDER OF CANDIDATES ON THE BALLOT DECIDED? A. * The major political party whose statewide candidates received the least votes at the last general election is first - on' the ballot and the major party receiving the most votes is second with minor party candidates following in the order which their petitions were filed. * On the 1990 general election ballot the Democratic - Farmer -Labor Party will be first and the Independent - Republican candidates will be second. The names of non- partisan candidates are rotated. Q. CAN I WRITE IN NAMES IF I DON'T LIRE ANY OF THE CANDIDATES? A. * Yes, at the general election voters can write in names of candidates. -30- CIM OCT '°� JOAN ANDERSON G ROWE Secretary of State ELAINE VOSS Deputy Secretary of State SECRETARY OF STATE VOTER INFORMATION TOPIC #2 ABSENTEE VOTING ftttr of .411inmata OFFICE OF THE SECRETARY OF STATE Oatuf faut 55155 180 STATE OFFICE BUILDING Corporation Division: 612/296.2803 UCC Division: 612/296.1434 Electron• n Divisio612/296.2805 Office of the Secretary- 612/296.3266 Office of Deputy Secy.: 612/296.2309 RUN BETWEEN OCT. 5-12 These are general answers to questions which are frequently received by the Office of Secretary of State Joan Growe. For answers in specific situations you should consult with local election officials. Q. WHO IS ELIGIBLE TO VOTE ABSENTEE? A. Anyone who will be absent from the precinct on election day or who is unable to go to the polling place because of illness or a physical disability or because of the observance of a religious holiday or discipline. Q. HOW DO I APPLY? A. Provide the following information in writing you your county auditor by mail or in person: * Your name and residence address; * The reason -you will be away from the polling place on election day; * Address to which you wish ballots sent; * Signature; * Date. - MORE - SEE OVER - "AN EQUAL OPPORTUNITY EMPLOYER" Cpm OCT 19'90 =-1 Q. WHEN WILL I GET MY BALLOTS? A. The ballots will be available on or before October 6th and they will be mailed to the address you have indicated on your application. Q. CAN I VOTE AT THE AUDITOR'S OFFICE IN PERSON? A. If the ballots are available, you can go to the auditor's office and cast your absentee ballot in person. Q. WHEN ARE THEY OPEN? A. They will accept absentee ballot applications during normal working hours and will, in addition, stay open from 1:00 - 3:00 p.m. Saturday, November 3rd and from 5:00 - 7:00 p.m. Monday, November 5th. Q. WHAT IS THE DEADLINE? A. Applications must be received by November 5th unless the voter enters a health care facility on that date; in these circumstances the voter should contact the city clerk before 5:00 p.m. on that day or apply directly to the election judges who may be in the health care facility delivering ballots to other patients. These special procedures are only available to patients who are in a hospital in the city of their residence whose city clerk has been authorized to handle absentee ballots. Q. CAN I GET BRAILLE INSTRUCTIONS? A. Your auditor can arrange for you to get Braille, cassette, or large type instructions. -30- elm On -WT 19'90 JOAN ANDERSON GROWE Secretary of State ELAINE VOSS Deputy Secretary a f State SECRETARY OF STATE VOTER INFORMATION TOPIC #3 REGISTERING TO VOTE i$tatr Of .41tnriPSDta OFFICE OF THE SECRETARY OF STATE Ottinf 1jaul 55155 4R 180 STATE OFFICE BUILDING Corporation Division: 612/296.2803 UCC Division* 6121296.2434 Election Division: 612 296.2805 Office of the Secretary: 612.296.3266 Office of Deputy Secy: 612!296.1309 RUN BETWEEN OCT. 8-15 These are general answers to questions which are frequently received by the Office of the Secretary of State Joan Growe. For answers in specific situations you should consult with local election officials. Q. DO I HAVE TO REGISTER IN ORDER TO VOTE? A. Yes,'registration is required in all 87 Minnesota counties. Q. WHY SHOULD I PRE -REGISTER? A. By waiting until election day to register,,you run the risk that you won't be able to prove your residency to the election judges plus being pre -registered will speed up the voting process at the polls. Q. WHEN DOES PRE -REGISTRATION END? A. All voter registration cards must be received by election officials by 5:00 p.m. on October 16, 1990. Q. WHO IS ELIGIBLE TO REGISTER? A. Persons who will be 18 years of age by election day and who will be U.S. citizens and will have lived in the state for 20 days by that time are eligible to register if they are not under conviction for treason or a felony without having their civil rights restored, are not under guardianship over the person, or have not been found by a court of law to be legally incompetent. - MORE - SEE OVER - "AN EQUAL OPPORTUNITY EMPLOYER" CIM OCT 19 'g0 Q. WHERE CAN'I GET A REGISTRATION CARD? A. Registration cards can be obtained in county auditor offices, most city clerk offices, and motor vehicle registrar offices. Q. WHAT IS THE PENALTY FOR FALSELY REGISTERING? A. Anyone subject to u convicted five years in prison aof voter fraud is mend/or af$10,000. n fine• j p - 30 - CIM OCT 19'90 JOAN ANDERSON G ROWE Secretary of State ELAINE VOSS Deputy Secretary of State SECRETARY OF STATE ELECTION INFORMATION TOPIC #4 DISABLED VOTERS #tatf, of fainnPsuta OFFICE OF THE SECRETARY OF STATE #Fitii# Hall 55155 180 STATE OFFICE BUILDING Corporation Division: 6121296.2803 UCC Division: 6121296.2434 Electron Division: 612/296.1805 Office of the Secretary: 612/296.3266 Office of Deputy Secy.: 6121296.2309 RUN BETWEEN OCT. 15-20 These are general answers to questions which are frequently received by the Office of Secretary of State Joan Growe. For answers in specific situations you should consult with local election officials. Q. WILL MY POLLING PLACE BE ACCESSIBLE? A. Check with your city clerk to determine if your polling place will be accessible. Minnesota law requires that all polling places be in places which are handicapped accessible unless no available place within the precinct is accessible or can be made accessible. Q. WHAT IF I CAN'T GET INTO THE POLLING PLACE? A. If you cannot leave you car, the judges will bring the ballots out to your. car and you can vote there. If you need assistance getting into the polling place, the judges will assist you. If you desire assistance in voting the judges will help you or you can select some other person to assist you. Q. WHO CAN ASSIST MB IN VOTING? A. Two election judges, -not of the same political party, or any other person you select who is not your employer, an agent of your employer, an officer or agent of your union, or a candidate for office at the election. The person assisting you cannot assist more than three voters at an election. Q. WHAT IF MY WHEELCHAIR WON'T FIT INTO THE BOOTS? A. The judges will arrange for you to vote outside of the booth. Q. WILL HANDICAPPED PARKING BE AVAILABLE? A. Each polling place will have designed handicapped parking facilities. -30- "AN EQUAL OPPORTUNITY EMPLOYER" GIM OCT 19'90 JOAN ANDERSON GROWE Secretary of State ELAINE VOSS Deputy secretary of state SECRETARY OF STATE ELECTION INFORMATION TOPIC #5 POLLING PLACE #tcaf , of I'VtltriPBDta OFFICE OF THE SECRETARY OF STATE #ainf thud 55155 �1 180 STATE OFFICE BUILDING Corporation Division: 612/296.1803 UCC Division: 6121296.2434 Electron Division: 612; 296.2805 Office of the S.'.'.-: 612/296.3266 Office of Deputy Secy.: 6121296.2309 RUN BETWEEN OCT. 22-27 These are general answers to questions which are frequently received by the Office of Secretary of State Joan Growe. For answers in specific situations -you should consult with local election officials. Q. WHAT HOURS ARE THE POLLS OPEN? A. From 7:00 a.m. until 8_:00 p.m. except in some small non -metro precincts. Q. WHAT IF I'M IN LINE WHEN THE POLLS CLOSE? A. Anyone who is in line at 8:00 p.m. will be allowed to vote. Q. CAN I GET TIME OFF FROM WORK TO VOTE? A. Under a law passed in 1893, all workers have a right to time off from work on the morning of a statewide general election in order to vote. Employers and employees are encouraged to work out arrangements for this prior to election day. It is a misdemeanor to interfere with an employee's right to vote. Q. HOW MUCH TIME CAN I TAKE OFF? A. Only as long as it takes to go to the polls, cast ,your vote, and return to work. Abuse of this privilege may subject an employee to disciplinary action by the employer. MORE - SEE OVER - "AN EQUAL OPPORTUNITY EMPLOYER" CIM OCT 19'90 Q. CAN I STAY IN THE POLLING:_PLACE AND SBE WHAT IS GOING ON? A. ' Only after the polls close. Prior to that time the only people allowed in the polls are voters, persons assisting voters, challengers, vouchers, and persons authorized by the county auditor, city clerk, or secretary of state to observe election procedures. Q. HOW DO IF FIND OUT WHERE TO VOTE? A. Your county auditor or city clerk will be able to provide you with the location of your polling place. Frequently a neighbor will also be able to provide you with this information. Q. WHAT TYPES OF VOTING SYSTEMS DOES MINNESOTA HAVE? A. Paper ballots, lever machines, punch cards and optical scan voting systems. Q. WILL SOMEONE DEMONSTRATE HOW THE SYSTEMS WORK? A. Yes, every precinct using a mechanical or electronic voting system will have a judge demonstrating the method of voting. -30- 1 CIM OCT 10 '90 JOAN ANDERSON GROWE Secretary of State ELAINE VOSS Deputy Secretary of State SECRETARY OF STATE ELECTION INFORMATION TOPIC #6 , far of .4.2innPonta OFFICE OF THE SECRETARY OF STATE *`�Ziinf %jaul 55155 ELECTION DAY REGISTRATION 180 STATE OFFICE BUILDING Corporation Division: 6121296.2803 UCC 0 vis#on: 6121196.2434 Election Orvisron: 6121296.1805 Office of the Secretary- 612,1296-3266 Office of Deputy Secy.: 612:296.2309 RUN BETWEEN OCT. 29-NOV. 6 These are general answers to questions which are frequently received by the Office of Secretary of State Joan Growe. For answers in specific situations you should consult with local election officials. Q. WHAT IF I AM NOT PROPERLY REGISTERED TO VOTE? A. Minnesota law provides for election day registration with proper identification. Q. WHAT IDENTIFICATION DO I NEED TO REGISTER? A. You may have a registered voter in the precinct sign an oath stating that he or she knows that you are also a resident of that precinct or you may present one of the following forms of identification if it is current, is valid, and has your current address in the precinct on it: * Minnesota driver's license, learner's permit or an application receipt for either; * Minnesota I.D. card; or a * Student fee statement, I.D., or registration statement. * Student photo I.D. card, if a certified housing list has been submitted by the educational institution to the county auditor. Q. CAN I USE MY UTILITY BILL OR PROPERTY TAX STATEMENT? A. No. Only forms of identification that have been specifically authorized may be used. A person could have a utility bill or property tax statement for a place other than their own residence. Credit cards, welfare cards, social security cards, birth certificates, passports and marriage licenses are also not acceptable forms of identification. 30 "AN EQUAL OPPORTUNITY EMPLOYER" CIM OCT 19'90. JOAN ANDERSON GROWE Secretary of Stare ELAINE VOSS Deputy Secretary of State 11�tcatr of firiltPBnta OFFICE OF THE SECRETARY OF STATE ftint Paul 55155 October 5,-1990 TO: Minnesota County Auditors FROM: Election Division Secretary of State 180 STATE OFFICE BUILDING Corporation Drvisiort: 612.'296.2803 UCC Division: 612.296.2434 Election Division: 612.296.2805 Office of the Secretary: 672%296.3266 Office of Deputy Secy.: 612:296.2309 SUBJECT: SPECIAL ABSENTEE BALLOT PROCEDURES FOR MILITARY PERSONNEL IN THE MIDDLE EAST The Federal Voting Assistance Program of the Department of Defense has used its authority to authorize the use of fax transmissions of absentee ballot applications, ballots, and registration cards to military personnel in the Middle East. Attached is a copy of material provided by the Department of Defense for use in this procedure. Please note that the material includes a toll free number for faxing the absentee ballot material and for asking questions on procedures. In summary, the program provides that military personnel stationed in the Middle East may request absentee ballots by faxing a Federal Absentee Ballot Post Card to the local election official. Election officials will be able to determine if the applicant is eligible for this procedure by comparing the APO/FPO zip codes with those listed in the attached material. In response to the faxed application, or to an application received in the mail, a regular absentee ballot will be mailed to the applicant. In addition the ballot and a copy of the front and back of the ballot return envelope, including the return address, should be faxed to a central number established by the Department of Defense. The faxed ballot is placed into a special security envelope by military staff and forwarded to the applicant. Estimated delivery time to the applicant is 48 -hours. Both the faxed ballot, and the regular absentee ballot, will be returned by the -voter through the mail to the election official. Return mail transit.time is expected to be no more than seven days. If the regular absentee ballot is returned to the election official in time to be counted, the faxed ballot is disregarded. If the regular absentee ballot does not arrive by election day the faxed ballot is counted in'its place. Please provide copies of these materials to any city clerk authorized to issue absentee ballots in your county. "AN EQUAL OPPORTUNITY EMPLOYER" • so CIM OCT 19'90 FEDERAL VOTING ASSISTANCE PROGRAM OFFICE OF THE SECRETARY OF DEFENSE WASHINGTON. D.C. 20301 October 3, 1990 The Honorable Joan A. Growe Secretary of State 180 State Office Bldg St. Paul MN 55155 Dear Secretary Growe: This office has arranged for high speed electronic transmission of absentee ballots to military personnel in Operation Desert Shield. In cooperation with AT&T and with the assistance of Office Technology Corporation, local election officials may fa$ ballots to military personnel in the Middle East. This option is provided at no additional cost to local election officials or to the voters. It is offered solely to ensure that all military personnel in the Middle East are able to exercise their right to vote. In order to implement the above and under the authority given the Presidential Designee in the Uniformed and Overseas Citizens Absentee Voting Act, 42 USC 1973 ff, the use of electronic transmissions of absentee ballots and election related materials including applications for registration and requests for absentee ballots is hereby authorized for citizens covered under the Act. Please advise all local election officials of this authorization. Election officials should use the fax service if they believe the regular absentee ballot cannot be received, voted and returned in time to be counted. Absentee ballots with round trip transit time of less than 30 days should be considered for this service. In all instances, the regular absentee ballot should be sent by mail and normal procedures followed. If the regular absentee ballot is received in sufficient time to be counted, it should be counted in lieu of the faxed or other special ballot. Local election officials will be able to fax election materials to an 800 number where the transmission will be routed through the AT&T Desert Fax Service to the Middle East. The faxed materials will then be placed in a special envelope and delivered by military mail to the addressee. The estimated delivery time should not exceed 48 hours. Citizens receiving absentee ballots in this manner will use the official Federal Write -In Absentee Ballot Security Envelope and Transmittal Envelope to return the voted ballot by mail to the local election official. The return mail transit time is estimated to be five to seven days. This special service will be available only to those addressees with APO/FPO zip codes in the attached list. The attached cover sheet must be used with any election materials transmitted to a voter via this fax network. Normal ballot completion instructions must also be providect including any special instructions thatmustbe followed by the voter. CIM OCT 19 `90 There may be some instances when the Federal Post Card Application form, (FPCA) will be routed through the fax network to the local election official to request registration and/or an absentee ballot. In such instances the original application will also be mailed to the local election office. The faxed application should be used as the basis for complying with the requested action. Please forward to all local election officials in your state a copy of the fax transmission. sheet and also ask them to call or fax as soon as possible the name of a contact person, address, telephone number and fax number to Office Technology Corporation at (800) 966 -VOTE or fax # (800) 368 -VOTE. If the local election official does not have a fax machine, they may send the fax free of charge at any AT&T phone center or they may make other arrangements which may be more convenient. If they have any questions or problems pertaining to the procedures or operation of the service, they should call (800) 966 -VOTE. Policy or legal questions concerning this action will be handled by my office. If you have any other questions, please do not hesitate to callme. Thank you for your assistance. Sincerely, He alentino Dir;ei r Enclosures elm OCT 19 ,90 as ociation of metropolitan municipalities October 16, 1990 5:30 P.M. BULLETIN AMM LEGISLATIVE POLICY ADOPTION MEETING DATE: Thursday, November 1, 1990 KICK OFF: . 5:30 P.M. WHERE: Ambassador Hotel 5225 Wayzata Blvd. (Hwy's 100 and 12 (I-394)) St. Louis Park, MN. DINNER COST: $20.00 Per Person SPOUSES, SIGNIFICANT OTHERS AND GUESTS WELCOME! 6:30 P.M. 7:30 P.M. Cash Bar/Social Hour Deluxe Buffet Dinner Business Meeting (Roast Beef, Ham, Chicken (see agenda Superb Salad Selections on back) and Dessert) DINNER RESERVATIONS TO CAROL WILLIAMS AT 227-4008 A MUST BY NOON ON MONDAY, OCTOBER 29TH. PLEASE CHANNEL YOUR RESERVATIONS THROUGH YOUR CITY MANAGER/ADMINISTRATOR OFFICE. THANKS! (Reservations are not needed nor is there a cost if you plan only to attend the Business Meeting at 7:30 P.M.) SPECIAL GUESTS: While the main meeting purpose is to adopt legislative policy, this event will also provide a great opportunity for a city officials to interact with and discuss concerns with the Metropolitan Agency "Biggies"! We have invited and expect virtually all of the chairs and staff directors of the Metropolitan Council, Regional Transit Board, Metropolitan Airports Commission and Metropolitan Waste Control Commission to be present throughout the meeting activities. DISTRIBUTION NOTE: This notice has been mailed directly to all member Mayors, Councilmembers and Managers/Administrators. SEE MAP AND AGENDA ON BACK CIM OCT 19'90 183 university avenue east, st. paul, minnesota 55101 (612) 227-4008 BUSINESS MEETING AGENDA 1. Call to order. '" 2. Introduction of Guests and Announcements *3. Panel Discussion on the concept of an Appointments Review Committee to screen candidates for appointment to the Metropolitan Council and the regional agencies. 4. Consideration and adoption of legislative Policy Program (mailed previously). 5. Input on establishing AMM Legislative priorities for 1991 session. 6. Other business. 7. Adjournment. * The AMM Mission and Membership Services Task Force in its final report recommended that the AMM pursue the creation of a Metropolitan appointments review committee for the merit review of persons being considered for appointment to the Metropolitan Council and the regional agencies. We are going to ask the Chairs of the Metropolitan Council and the regional agencies to participate in a panel to briefly comment on the advisability of creating such a review committee. W MAP NOT DRAWN TO SCALE /' S E Cim OCT 19 "90 3H as ociation of metropolitan municipalities October 11, 1990 TO: AMM Member City Officials CT 12�1g�� �`' Q_I l � 4i41itill �1 FROM: Vern Peterson, Executive Director Roger Peterson, Director of Legislative Affairs RE: LEGISLATIVE QUESTIONS, TECHNICAL ADVISORY COMMITTEE NOMINATIONS, POLICY ADOPTION MEETING, ETC. 1. NOMINATIONS WANTED FOR THE TECHNICAL ADVISORY COMMITTEE (TAC): The AMM has eight suburban appointees to the TAC and the individuals who serve must be at the Department Head Level. i.e. City Engineer, Director of Planning, Director of Community Development, etc. The major function of the TAC is to provide technical assistance and advice to the regional Transportation Advisory Board (TAB) on all facets of regional transportation planning and programs. The TAC is a very valuable instrument for city officials to get their views heard on transportation issues. It meets monthly in the Metropolitan Council offices and most members also serve on at least one subcommittee. The individuals appointed by the AMM Board will serve two-year terms commencing in January of 1991. THE BOARD IS SOLICITING NOMINATIONS VIA THIS BULLETIN. THE NOMINATIONS SHOULD BE IN WRITING AND FORWARDED TO THE AMM OFFICE BY NO LATER THAN OCTOBER 24TH. WHILE SOME INCUMBENT MEMBERS WILL BE REAPPOINTED SEVERAL NEW MEMBERS WILL ALSO BE APPOINTED AND NOMINATIONS ARE NEEDED FROM ALL PARTS OF THE REGION BUT ESPECIALLY FROM DAKOTA, CARVER, SCOTT AND WASHINGTON COUNTIES. 2. MEMBERSHIP POLICY ADOPTION MEETING, THURSDAY EVENING NOVEMBER 1ST.: As noted in the last bulletin dated September 17th., the Annual Policy Adoption Meeting is set for Thursday evening, November 1, 1990. We hope that you have this meeting marked in your calendar and that you are planning to attend. The legislative policy program which will be adopted at this meeting determines -1- 183 university avenue east, st. paul, minnesota 55101 (612) 227-4008 Ciao OCT 19 ,90 and directs the organizational lobbying efforts for the 1991 legislative session. Copies of the proposed policies to be considered will be mailed to the City Manager or Administrator and should be available in just a few -days. A meeting notice containing all the pertinent meeting details will be mailed in a few days but the event is tentatively scheduled to be held at the Ambassador Hotel in St. Louis Park commencing with a social hour at about 5:30 P.M. You will'not want to miss this important meeting which will also provide the opportunity for exchanging information with your peers in other metro cities. 3. POSITION OF LEGISLATIVE CANDIDATES ON KEY CITY ISSUES: A prime goal of the AMM is to foster a metropolitan perspective.among metropolitan legislators which includes making them aware of the issues affecting metro cities and thus their constituents. We attempt to create this awareness through the AMM's Legislative Contact system, one-on-one lobbying, and local officials/legislators gatherings. Another step in that mission is to try and get favorable commitments from legislative candidates on AMM priority issues. The Board has decided that rather than sending a questionnaire directly to the legislative candidates like many organizations do that we will provide you our members city officials with a set of backgrounded issue position questions. You can use these questions which are enclosed in public or private forums as you see fit to get candidate commitments and reaction. This should help personalize the interaction with the candidates and make it more difficult for them to ignore the questions like they often do with written surveys. For each question, the legislative candidate should be asked if he/she agrees with the stated position and if they disagree to explain why and what their position is. DISTRIBUTION NOTE: This bulletin and attachments has been mailed to Mayors, Managers/Administrators and Legislative Contacts. We would ask that it be distributed to other officials as appropriate. Thank you. -2- am OCT 19'90 Z oZ ISSUE QUESTIONS FOR LEGISLATIVE CANDIDATES #1 METROPOLITAN TAX BACKGROUND: A number of agencies have suggested the use of a special Metropolitan Tax for various purposes. The AMM membership has had extensive discussion on this issue and given the reality that a metro tax will continue to be discussed has identified some general criteria for consideration as well as a specific recommendation for a Transportation Tax. Any new or add on metropolitan tax should be related to a specific need that can be identified as critical but which cannot be funded from existing taxes diverted from lessor priority activities. To the extent possible, a new tax should be broadly based, not substitute for current or future state allocations, stable, related to the use, dedicated to the stated purpose, used only for metro projects, -not accounted for through the state's general fund, and not restrict future local government revenue options or impact funding for future critical activities. Specifically, the AMM does view transportation needs in the Metropolitan Area as becoming critical. This need includes LRT, expanded mass transit, and additional highway construction. - POSITION: The AMM supports the concept of a Metropolitan Tax for metropolitan transportation needs, including LRT with the following consideration: (1) Taxes such as the motor fuels, motor vehicle excise tax, sales tax, and payroll tax should be investigated; and (2) The property tax and general income tax should not be considered. #2 LEVY LIMITS BACKGROUND: The Association of Metropolitan Municipalities has consistently opposed the levy limit laws in that they apply uniform statewide restrictions to cities and are too inflexible to accommodate inflation, uncertainties in state and federal financial aids, and the diverse problems and circumstances faced by cities throughout the state. Such laws are inconsistent with principles of local self-government and accountability. Neither do they recognize changing local conditions as to either expenditure needs or revenue sources, nor do they allow for people within communities to exercise choice in new or expanded local services. Levy limits may ultimately work against the interests of local taxpayers because the law creates an incentive for cities to take maximum advantage of the opportunity to make general or special levies. For example, the arbitrary decision in 19si to create a new levy limit base effectively penalized those cities that were -3- CIM org 10,90 successful in holding down This was done again in 198 cities with numerous lessons levy less than the maximum later tied to unrealistic future budget years. their property tax levies in 1981. ;and 1988. History has now provided teaching that cities which choose to allowed in a given year risk being Dr artificially low new limits for POSITION: The AMM remains strongly opposed in principle to such limitation and recommends that the Minnesota Legislature allow levy limit laws for cities to sunset per current law for taxes payable 1993. #3 LOCM, GOVERNMENT AID BACKGROUND: State Aid to cities has been a much debated legislative issue for two decades. Over that time the formula(s) have ranged from pure per capita, to need based on value and service, to a distribution based on location and past spending. Homestead Credit has changed to Homestead Aid and is no longer a direct taxpayer subsidy. New gimmicks such as Disparity Reduction Aid (Mill rate• equalization) and Tax Base Equalization Aid, have been invented to target money to various regions when the general aid formula could not be politically justifiably rigged to work. Because of the regional fracturing or because cities and city aid has become an easier less emotionally backed target, the legislature has begun what appears to be a systematic shift from city aid to school and county assistance programs. Although, city services such as police, fire, ambulance, street repair, and snow plowing may not be 'state mandated', they are in fact necessary services to the state's residents for which they cannot do without. ' They are as important to all of the people as specialized school and county services are to some and therefore, the state legislature cannot afford to cause severe degradation to them by making large cuts or shifts. It is time for the cities and the legislature to return to basics and develop a single rationally based formula for redistribution of state collected wealth to continue the state commitment for the provision of necessary public health, safety, and welfare services by city government to the states citizens. POSITION: The state should continue a local aid commitment to cities to help maintain reasonable property taxes on a fair basis for the provision of necessary public health, safety, and welfare services. A single state`�aid formula should be adopted that contains several elements to help stabilize the cost of basic local services. The formula should consider: -Wealth or tax capacity; -Property tax burden relative to income; -The services which are necessary and thus should be supported -4- ciao OCT 19 '90 by the state; and -An appropriate support level for the various included services #4 PROPERTY TAX AS A PERCENTAGE OF INCOME Table &1 Mean Net Payable 1988 Property Ta: by Income Group Metro and Non -metro Rcoons Income Mean Net A1= Property Tu Non -metro S 5,000 or Jess Sw 5150 S 5,001. S 15,000 601 260 $15,001. S 25,000 627 352 125,001- S 35,000 795 456 335,001 - S.45,000 927 497 545,001 - S'55,000 1,116 613 555,001. S 65,000 1,375 748 565,001 - S 75,000 1,549 915 $75,001 - S 85,000 1,881 801 585,001- S 95,000 1,886 11051 $95,001- S105,000 2,023 1,037 Over $105,000 3,161 1,436 For AD Cases 51,016 S429 Figure &1 weer, Nrt Prc;w ty Tax atter watts ey t ncofne troLP payable isle UK rrgrey Tu. arer 0.00It1 =00 s'rso ssao 110100 qw moo Inc cm • • _ • •• ••i TSO • • • 130 • p S0 t!0 10 70 •0 e4 �D near vMp CIn ru-SUMS TM %.Ma nria rw� N w+ur R anew pian rY. mm meva CIM OCT 19 $90 BACKGROUND: Metropolitan Area'sHomeowners at all income levels pay approximately twice the amount of Property Tax as do homeowners in outstate Minnesota.' The per capita aid for cities is also nearly double in outstate. These statistics as shown above are based on a Minnesota house of representatives research department study, linking Minnesota Property taxes and income, dated February 1989. POSITION: The AMM membership believes this imbalance is unjust and should be corrected through adjustment of the homestead class rates to reduce the tax burden on higher value homes as well as recognition of this issue within the aid formulas and HACA distribution. #5 HOMESTEAD CLASS RATES Homestead taxable value is determined by applying 1% to the first $68,000 market value, 2% to the market value between $68,000 and $110,000, and 3% to the market value in excess of $110,000. This triple split rate causes an artificial difference in market value compared to taxable value especially between outstate and the metro area. The vast majority of homes in outstate Minnesota are valued at less than $68, 000, thus, taxed at the 1% rate while in the metro area many, especially newer homes, are in excess of $100,000 and pay taxes based on 2% and 3% of significant portions of their value. The split rate system, also causes a geometrically progressive tax rather than just progressive. A $120,000 home pays 3 times the tax of a $60,000 home while a $240,000 home which is 4 times the value of a $60,000 home pays 9 times the tax. Higher valued property should pay proportionately higher taxes but not geometrically higher taxes. Although, the ideal solution from a fairness perspective would be a single rate for homestead property regardless of market value, the AMM will support a two tier system as a desireable step in the direction of establishing a fair property tax system. POSITION: The AMM suggests returning to a two tier homestead class tax rate system, the first tier of 1t on value up to $68,000 market value and the second tier of 2% on market value over $68,000. while the AMM prefers that the state increase HACA to offset the effects of going to a two tier system, in any event, local units of government should not be prevented from recovering the lost revenue through levy. #6 ESTABLISHMENT OF REGIONAL SOLID WASTE AGENCY BACKGROUND: Cities have the responsibility for solid waste collection including implementing and managing most recycling type programs. The other waste stream management responsibilities are basically split between the Metropolitan Council and the Counties. Considerable progress has been made in recent years in certain parts of the waste stream management system particularly -6- CIM OCT 19'90 'D those aspects for which cities are responsible. But several significant problems beyond the control of cities are becoming evident including: the inability of the counties to site needed waste facilities (landfills, transfer stations, compost sites, etc.), fluctuating and/or lack of markets for some recyclables, uneven funding among counties to run the low tech systems, and the radical variance in disposal costs .throughout the metropolitan area. Some of the current waste stream management concerns are similar to the concerns which precipitated the formation of other regional commissions. POSITION: The AMM believes consideration should be given to the formation of a regional solid waste commission. Such commission should include local elected officials. More analysis and study is needed to determine the total list of functions to_be assigned to such commission but most functions now performed by the Metropolitan Council and the counties should be transferred including: -Ownership (including the assumption of debt) of the current major public disposal and processing facilities. -Responsibility for siting certain types of waste processing and disposal facilities. -Regulation of disposal charges (tipping/fee) to provide more fairness and equity. -Distribution of funds to support the local recycling programs. -Coordination of marketing efforts for recyclables. #7 PASSTHROUGH FUNDS FOR LOCAL RECYCLING PROGRAMS BACKGROUND: The current funding system for solid waste management has a number of drawbacks: It does not encourage maximum utilization of the waste disposal hierarchy; it often gives no incentive to individual residents to participate in recycling; it does not differentiate between generators of 'clean' waste and 'problem' waste; and it has given no assurances that the main sources of funding are related to the entities incurring expenses. Nor does it assure that money -collected at the State or Regional level gets passed through to the cities that actually manage the recycling and abatement -programs. POSITION: The AMM believes that the solid waste funding system should guarantee distribution of the monies to all entities involved in the system and recognize all costs associated with the system. this means a significant portion of the funds raised through the solid waste collection sales tax should be distributed to cities which operate recycling programs. The AMM also believes that the entire proceeds of tax on solid waste should be dedicated to solid waste activities and not used for general state operations. -7 r►I�T 1 ��� ' elm fS CITIES RESPONSIBILITIES FOR ECONOMIC DEVELOPMENT BACKGROUND: The AMM has operated under the assumption that cities have the primary responsibility for economic development within their jurisdictions. This includes redevelopment as well as new development. However, it became apparent during the discussion and debate concerning tax increment finance last session, that many legislators, state agency officials, officials representing other levels of government and many private sector representatives do not share that view. With the destruction of TIF as a viable tool for economic development, cities no longer have the necessary tools to be responsible for economic development in today's economic environment. Consequently, legislative action is needed to address the many issues associated with economic development in our cities. POSITION: The Legislature should examine the question of economic development and develop a state policy which delineates which level or levels of government or governmental agencies have the primary responsibility for economic development within this state. Once this delineation has been determined, then appropriate 'tools' should be created to implement the state economic development policy. Until the legislature creates new tools to help cities deal with economic development including redevelopment, it should restore TIF as a viable tool for city use. i.e. It should recind many of the crippling TIF amendments adopted during the 1990 session. #9 SURFACE WATER MANAGEMENT IN THE METROPOLITAN AREA: BACKGROUND: The Federal EPA and State PCA are exerting pressure on the Metropolitan Council and Metropolitan Waste Control Commission (MWCC) to clean-up the discharge effluent from the sewage treatment plants into the three main rivers (Minnesota, Mississippi, and St. Croix) which transverse the Metropolitan Area but the most immediate problem is the Minnesota River. The area is under edict to reduce pollution in the Minnesota River by 30% by 1996. It could cost the taxpayers of this region hundreds of millions of dollars to make the prescribed improvements to the MWCC treatment plants and even with this tremendous expenditure the river quality would not improve significantly because the main degradation problems are caused by surface water runnoff into the rivers and not by the sewage treatment plant effluent. Also much of the pollution is already in the river when it enters the 7 -county area. Under current law in Minnesota, water management organizations (WMO's) have the basic responsibility for water quality management in the 7 -county Metropolitan Area. Cities and/or townships are directly responsible for regulating land use and seeing that the —8— ciao OCT 19 `90 water management plans are implemented. The WMO water plans are then approved at the state level by the Board of Water and Soil Resources (BWSR).• Some representatives of the Metropolitan Council have suggested that since the Council is held responsible by the EPA and MPGA for water quality, it should have more direct authority over Surface Water Management including replacing BSWR as the approving authority. POSITION: The AMM does not believe that the Metropolitan Council should replace BWSR as the approving authority for water management plans in the metropolitan area. Since the pollution of the Minnesota, Mississippi and St. Croix Rivers is a statewide problem, the AMM believes that a state wide agency is more appropriate than a regional agency to address this issue. Instead, the AMM supports implementation of the amendments to the Metropolitan Surface Water Management Act which were passed in 1990. Those amendments do increase the involvement of the Met Council in the Surface Water Management Planning Process but retain BWSR as the approving agency. #10 HACA - HOMESTEAD AND AGRICULTURAL IIID BACKGROUND: Homestead and Agriculture Credit Aid (HACA) replaced Homestead Credits in 1988 and in theory no community was to have lost funds. Individual homestead tax statements retain homestead credit subtraction but there is no longer a correlation between the amount of that calculation and the actual HACA distributed to local governments. In fact, if state HACA payments are reduced, the amount indicated on the individual tax statements will very likely increase and visa versa. Recently the legislature has been reducing LGA and in the absence of LGA reducing HACA in order to offset state budget and revenue shortfalls. Initially, in 1967 and 1971, the sales tax and aid systems including Homestead Credit were set up to control property taxes through revenue redistribution. The state made a commitment that at least some part of the sales and income tax would be returned. That commitment is no longer being honored. Several cities no longer receive any LGA or HACA and others will soon lose their remaining aids and HACA unless the legislature changes its direction of stripping aids from cities. POSITION: The AMM strongly believes that at least some minimum amount of HACA should continue to be distributed to each city. #11 TAX EXEMPT PROPERTY BACKGROUND; One of the glaring inequities in the Minnesota tax system involves the free local services that are provided to tax exempt property owned by certain non-governmental organizations. Also, the State of Minnesota and Metropolitan Agencies own a -9- CIM OCT 19,90 significant amount of property L within the metropolitan area. It is widely acknowledged that these properties benefit directly from governmental services such as police and fire protection and street services provided by cities. However, since there is not legal basis for claiming reimbursement for the cost of such services, they are borne by the local taxpayers. Furthermore, such property is concentrated in certain cities resulting in a heavy cost burden in certain parts of the state. The State of Wisconsin established a program called "Payment for Municipal Services" in 1973. The program provides a mechanism for municipalities to be reimbursed by the state for services they provide to state-owned properties. Through a formula based on the value of state-owned buildings within a city, the Wisconsin -system reimburses cities for police, fire, and solid waste services POSITION: The Association believes this problem should be corrected by enacting legislation, requiring owners of tax exempt property, except for churches, houses of worship, and property used solely for educational purposes by acadamies, colleges, universities and seminaries of learning, to reimburse cities and counties for the cost of municipal services. In addition, the AMM encourages the state legislature to establish a program for reimbursing municipalities for services to state and metropolitan agency facilities. The program should (1) ensure that these agencies pay assessments for services that benefit their property, and (2) Allow cities to receive compensation for services that are funded through general revenue, such as police and fire, which are valuable to the State of Minnesota and Metropolitan Agencies. -10- Citi OC -1 19,90 BUREAU OF PUBLIC SERVICE A-2309 Government Center HENNEPIN Minneapolis, Minnesota 55487-0239 [J H Phone (612) 348-6509 October 16, 1990 .i OCT 17100 Cti^! CIiY Of ritirl:: i r Mr. James G. Willis Manager, City of Plymouth ' 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mr. Willis: The Hennepin Recycling Program is pleased to inform you that the County Board has adopted a resolution that requires all municipalities to collect plastic bottles for recycling beginning in spring, 1991. I have scheduled a general meeting for all municipal recycling coordinators to discuss what this means for the municipal recycling programs and how the County intends to proceed with implementation. The meeting will be held in the City Council Conference Room at Plymouth City Hall, 3400 Plymouth Boulevard, Wednesday, October 24, 1990, at 1:00 p.m. On another issue, the Board has approved continuation of the yard waste rebate to cities for 1991. We will provide you additional information about the.application process in the coming months. Sincerely, Carl Michaud Recycling Coordinator Enclosures: Resolution 90-9-819 (1991 Yard Waste Rebate) Resolution 90-10-869 (Curbside Plastic Bottle Recycling) cc: Janet Leick HENNEPIN COUNTY cw OCT 19 ,90 an equal opportunity employer PRINTED ON RECYCLED PAPER 0133- . RESOLUTION NO. 90-10-869 t The following resolution was offered by Commissioner-Spartz, seconded by Commissioner Andrew: WHEREAS Hennepin County and the Council for Solid Waste Solutions (CSWS) initiated a joint effort.to test the feasibility of recycling plastics as part of the County's curbside recyclables collection program, and WHEREAS the results of this project were reported to the County Board in September, 1990, and ' WHEREAS the report recommends phasing in expansion of the Plastics Recycling Program, and WHEREAS the recommended first phase is collection of all plastic bottles county -wide by the spring of 1991, BE IT RESOLVED that Hennepin County adopt CSWS's recommendation for phase one of plastics recycling expansion and begin implementation of county -wide collection of all plastic bottles. The question was on the adoption of the resolution and there were Six YEAS and No NAYS as follows: COUNTY OF HENNEPIN BOARD OF COMMISSIONERS THA NAY OTHER Sam S. Sivanich, Chairman X RESOLUTION ADOPTED. ATTEST: _ Cler t the County Board OrT i 9100 OCT 0 91990 4 X Jeff Spartz Randy Johnson. X ABSENT* John Keefe John E. Derus X Tad Jude X Mark Andrew X Sam S. Sivanich, Chairman X RESOLUTION ADOPTED. ATTEST: _ Cler t the County Board OrT i 9100 OCT 0 91990 4 �3 U1 two RESOLUTION NO. 90-9-819 The following resolution was offered by Commissioner Jude, seconded by Commissioner Johnson: WHEREAS, the 1990 Hennepin County yard waste composting program consisted of providing -rebates to municipalities to plan and manage local yard waste programs; and WHEREAS, the 1990 program was very successful, with many 'communities developing innovative ways to manage their yard waste; BE IT RESOLVED, that the 1991 Hennepin County yard waste composting program will continue to provide rebates to municipalities for the local management of yard waste; and that County staff will prepare prograw reporting forms requiring the explanation of the specifics of each municipal program, to be submitted to the County by March 1, 1991, with a final report due December 1, 1991. The question was on the adoption of the resolution and there were seven YEAS and no NAYS as follows: COUNTY OF HENNEPIN BOARD OF'COUNTY COMMISSIONERS YEA NAY OTHER Jeff Spartz X Randy Johnson X John Keefe X John E. Derus X 0.: Tad Jude X Mark Andrew X Sam S. Sivanich, Chairman X RESOLUTION ADOPTED. ATTEST: CI'L'--r k 6the Co my Board CIM OCT 19 '90 SEP CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: October 17, 1990 TO: James G. Willis, City Manager FROM: Frank Boyles, Assistant City ManagerA SUBJECT: TRAIL SEGMENT IN CHELSEA MEWS On October 15, I met with the Board of Directors for the Chelsea Mews Homeowner Association. I explored with them the possibility of completing the trail segment which extends southerly from Zanzibar Lane in Steeplechase Third Addition, down to Zanzibar Lane in Chelsea Mews. Karen Fox indicated that they have had a number of concerns about the trail. The first is a safety issue. By extending the trail to Zanzibar Lane in Chelsea Mews, a blind intersection is created, inviting conflict between pedestrians, bikers, and motor vehicles. While Zanzibar Lane is a private street with relatively little traffic, the Homeowner Association is nonetheless concerned about traffic safety. Their second concern is tree preservation. One of the City's alternatives was to wind the trail to the east through the 30 foot wide treed area between Steeplechase Third Addition on the north and Chelsea Mews on the south. The Homeowner Association was concerned that trail construction would damage or remove many of the trees in this area. They suggested that the trail be located on the currently vacant Steeplechase lot. I advised them that this would not work. The third concern is that many of the homeowners purchased there because they like the seclusion of the area. A trail would undermine this desire. The final homeowner concern was that by swinging the trail to the east from its current terminus, the trail would outlet onto an on -street parking area, eliminating one or two parking spots. They already have a parking problem in Chelsea Mews. CIM OCT 19 '90 TRAIL SEGMENT IN CHELSEA MEWS October 17, 1990 Page 2 I asked the directors whether they would be interested in exploring further the possibility of installing the trail to the east by working with Mark Peterson and his crews to minimize tree loss and by configuring the trail to eliminate the loss of on - street parking spaces. Directors present stated that when they asked Homeowner Association members at their annual September meeting whether they were interested in the trail, the result was unanimous opposition to the trail. They suggested that I was welcome to broach this subject with all homeowners, but that I would have to wait for next September's annual meeting. They suggested that the City may wish to consider turning the trail to the right, or westerly along the Chelsea Woods/Steeplechase boundary line and bringing the trail into Chelsea Woods for connection to Archer Lane. They said that they had heard that Chelsea Woods homeowners were in favor of the trail. One director indicated Lundgren Brothers representatives had told him that Lundgren would be willing to assist in relocating the trail. I received a call from Mike Pflaum on October 16. He inquired as to the status of this matter and wanted to know when the City Council might be scheduled to discuss the issue again. I told him I would call him back once I knew. During the conversation I was asked who would be responsible for removing the trail. I stated I did not know, nor did I make any commitment that the existing trail segment would be removed. Let me know if you want me to take any other action on this matter. FB:kec CIM OCT 19'90 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: October 17, 1990 TO: James G. Willis, City Manager FROM: Fred G. Moore, �Director of Public Works SUBJECT: NEW COUNTY ROAD 101 WATER TOWER On Friday, October 12, the new water tower on County Road 101 was placed on-line to our water system. We had completed the filling of the tower and received the test results from the water sample submitted to the testing laboratory. A water sample had to be submitted for testing to ensure that the tower had been completely disinfected. The contractor has not completed the control system for the water tower so we will continue to operate off the tower adjacent to the central treatment plant. Based upon the way we are operating, it appears that we will be storing approximately two and a half million gallons of water in the tower until the control system is completed. This is approximately two feet from the full or run -over elevation of the tower. We will continue to operate this way in order to prevent the over filling of the tower. FGM:kh N CIM OCT 19'90 JAMES J. THOMSON Attorney at Law Direct Dial (612) 337-9209 October 10, 1990 Mr. Dick Carlquist Public Safety ,birector City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 HOLMES & GRAVEN CHARTERED 170 Pillsbury Center, Minneapolis, Minnesota 55402 Re: Fire Alarm Horns - Harbor Lane Apartments Dear Dick: Telephone (612) 337-9300 Facsimile (612) 337-9310 Enclosed is a letter from The Gaughan Companies requesting that we defer any further enforcement of the City's fire alarm requirement util the State Fire Marshal's office hears the appeal. It is my understanding that Stan Scofield has discussed this issue with you, Chief Robinson, and the state Fire Marshal. Everyone agrees that it makes sense to delay any action until The Gaughan Companies have exhausted all of their administrative appeal rights. I concur in that conclusion. I will not take any further action until we receive the results of the appeal. Sincerely, ames J. Thomson JJT/amm Enclosure PL100-32PS cc: .dames Willis Lyle Robinson Stan Scofield 0 CIM OCT 19'90 p �c��oe�— ocr s isso D THE GAUGHAN COMPANIE October 3, 1990 Mr. James J. Thompson Holmes & Graven Chartered 470 Pillsbury Center Minneapolis, MN 55402 Re: - Fire Alarms - Harbor Lane Apartments Dear Mr. Thompson: As per our telephone conversation of October 1, the Harbor Lane Apart- ments Partnership has appealed the fire alarm requirement of the City of Plymouth to the Minnesota State Fire Marshall's office. Therefore, we have not contracted with a fire alarm installation company to install alarms in each Harbor Lane Apartment unit. It is my understanding that the State Fire Marshall's office will be schedul- ing a hearing on this appeal request and will be informing the City and ourselves of its timing within the next 10 days. We respectfully request that the enforcement of the City's fire alarm requirement be deferrfed untii the State Fire Marshall's office acts on our hearing request.. Sincerely, t Alan Hamel President CIM OCT 19'90 299 Coon Rapids Blvd, Suite 210 ® Minneapolis, MN 55433 0 (612)786-6320 0 Fax 786-9320 • EOE CITY OF PLYMOUTH PLANNING COMMISSION MINUTES SEPTEMBER 12, 1990 The Regular Meeting of the City of Plymouth Planning Commission was called to order at 7:00 p.m. MEMBERS PRESENT: Chairman Richard Plufka, Commissioners Michael Stulberg, Larry Marofsky, Hal Pierce, Joy Tierney and Dennis Zylla. MEMBERS ABSENT: Commissioner John Wire. STAFF PRESENT: Coordinator Charles Dillerud, City Engineer Dan Faulkner, Public Works Director Fred Moore and Planning Secretary Jackie Watson. WHIM MOTION by Commissioner Tierney, seconded by Commissioner Zylla to approve the Minutes for the August 22, and August 27, 1990 meetings. Vote. 5 Ayes, Commissioner Stulberg abstained. MOTION carried. Chairman Plufka introduced Public Works Director Fred Moore to discuss the Draft 1991-1995 Capital Improvements Program (CIP) Director Moore reviewed the Draft CIP for streets. Commissioner Marofsky asked why Medicine Ridge Road was going to be completed only to 26th Street as the stretch of road beyond 26th Street is an access to the road around Medicine Lake. Director Moore stated that the portion of road beyond 26th Street may be completed at a later time. It may not be needed in the future. Director Moore reviewed the Draft CIP regarding sewers, water, drainage, parks and buildings. Chairman Plufka opened the Public Hearing. MOTION TO APPROVE VOTE - MOTION CARRIED DRAFT 1990-1995 CAPITAL IMPROVEMENTS PROGRAM Cim OCT 19 ,90 =-70_,' Planning `70` - Planning Commission Minutes September 12, 1990 Page 146 Chairman Plufka introduced Mr. Greg Leuer of 4475 Urbandale Court. Mr. Leuer asked when the Medina Road Project would bb completed. Director Moore stated that the completion date was 1991. Chairman Plufka introduced Mr. John Grigg of 3180 Queensland Lane. Mr. Grigg wanted to know when the Public Hearings had been held regarding service to Serer District 23. Director Moore explained the past hearing was held in October, 1989 and also explained the procedures followed for -Capital Improvements Program review. Chairman Plufka introduced Ms. Marilyn Thompson of 11018 Old County Road 15. Ms. Thompson stated she was interested in roadway plans for County Road 73. Director Moore stated that funding for this project will come partly from the County, the Developer and the City. The County has not included their share in the County CIP yet, but the administrator has stated a willingness to recommend the project on certain conditions. Commissioner Pierce asked when Sewer District 13 would be completed. Director Moore stated that the contract for this project would be awarded in the fall. MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO CONTINUE Pierce to continue the Public Hearing on the Capital Improvements Program to the October 10, 1990 Planning Commission meeting,' and to renotify those persons who spoke at the Public Hearing. Roll Call Vote. 6 Ayes. MOTION carried. Chairman Plufka introduced the request of Markham Sporting Goods for Rezoning, Conditional Use Permit, and Variance from the Urban Development Policy for property located north of Highway 55 and west of Peony Lane. Coordinator Dillerud reviewed the September 6, 1990 Staff Report. Commissioner Pierce asked when sewer would be available to this site. VOTE - MOTION CARRIED MARKHAM SPORTING GOODS (90041) CIM OCT 19 '90 Planning Commission Minutes September 12, 1990 Page 147 City Engineer Faulkner responded that public sewer would be available in 1995. Commissioner Marofsky stated that part of the business was used as a private residence and questioned whether that would be possible if the petition was approved. Coordinator Dillerud responded that it could, as a nonconforming use. The Commissioners read two letters regarding this petition that were handed out at the meeting. The Markham letter stated that they would like the Public Hearing delayed and had offfered to notify property owners within 500 feet of the rescheduling of this petition. Commissioner Stulberg asked if any of the property owners were so notified. Chairman Plufka introduced Mr. Richard Bloom who was representing the petitioner.. Mr. Bloom stated that property owners were not notified of a rescheduling of the petition. Chairman Plufka opened the Public Hearing. Chairman Plufka reintroduced Mr. Richard Bloom who stated that the request to provide U -Haul services would have no impact on the demands of sewer and water in the area. Mr. Bloom stated that some changes in the zoning of the property throughout the years has been a problem for this site. He said that the property had been zoned as commercial in the beginning. It was then rezoned to FRD (Future Restricted Development) and in the future is scheduled to be zoned as commercial property once City utilities are available. He suggested that he would like to discuss other options available to Mr. Markham with the City Attorney. Chairman Plufka introduced Mr. Joe Rupar of 18040 Highway 55. Mr. Rupar stated his concerns were that if the Markham site was rezoned, would the entire area be rezoned. He stated that his and the neighbors access through the easement on the Markham property was not accessible at all times. He said that the U -Haul trailers blocked the view and the driveway. Commissioner Marofsky asked Mr. Rupar whether the Markham site used more water on' the site for the washing of the trailers, or if traffic had increased. Ciao OCT 19,90 Planning Commission Minutes September 12, 1990 Page 148 Mr. Rupar stated that he had not noticed an increase in water usage or traffic on the Markham site. MOTION by Commissioner Marofsky, seconded by Commissioner Tierney to continue the'Public Hearing to the October 10, 1990 Planning Commission meeting. Coordinator Dillerud stated that the renotification of the property owners within 500 feet must be done by the City so that the City can certify that the notices are mailed, but that the petitioner will be responsible for supplying the mailing labels. He stated that any change in the plans must be submitted by September 21, in order for the Development Review Committee to review them. Roll Call Vote. 5 Ayes, Commissioner Stulberg, Nay. MOTION carried on a 5-1 vote. Chairman Plufka introduced the request of Richard Deziel for Rezoning from FRD to R -1B and a Final Plat for the "Oxbow Ridge 2nd Addition" located south of the south terminus of 46th Avenue North west of Vicksburg Lane. Chairman Plufka waived the review of the September 7, 1990 Staff Report. Chairman Plufka introduced Mr. Richard Deziel of 16100 46th Avenue North. Commissioner Marofsky asked if the shortening of some of the lots on the west side of 46th Avenue North would cause the future cul-de-sac to come further to the south. Mr. Deziel stated that he planned to extend the cul-de-sac to the south. Chairman Plufka opened the Public Hearing. There was no one present to speak on the issue. Chairman Plufka closed the Public Hearing. MOTION TO CONTINUE VOTE - MOTION CARRIED RICHARD DEZIEL (90077) MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO APPROVE Marofsky to recommend approval of the petition by Richard Deziel for Rezoning from FRD to R -1B and a Final Plat for the "Oxbow Ridge 2nd Addition" located south of the south terminus of 46th Avenue North west of Vicksburg Lane. Roll Call Vote. 6 Ayes. MOTION carried unanimously. VOTE - MOTION CARRIED Chairman Plufka introduced the request by Super Valu SUPER VALU STORES, INC. Stores, Inc. for an Amended Mixed Planned Unit Development (90079) Plan for "Cub Foods" regarding wall signage, proof of parking, sidewalk construction, and trash facility screening in the Plymouth Hills Addition located at the southeast corner of 36th Avenue North and Vicksburg Lane. CSM OCT Planning Commission Minutes September 12, 1990 Page 149 Coordinator Dillerud reviewed the September 6, 1990 Staff Report. Commissioner Marofsky asked if the easterly portion of the site where deferral of the sidewalk construction was requested was a separate lot and block. Coordinator Dillerud responded that it was not. Commissioner Tierney questioned whether there would be sidewalk from the cul-de-sac westerly to Vicksburg Lane. Coordinator Dillerud responded that the Plymouth Hills Plan specified one but the petitioner proposes it not be constructed. Commissioner Plufka asked whether the site across 35th Avenue North had sidewalks at the present time. Commissioner Pierce asked where the access from the southerly property would be to this site. Coordinator Dillerud stated that there is sidewalk on the site across 35th Avenue North that is planned to be extended westward to Vicksburg Lane as the property is developed. Chairman Plufka introduced Ms. Pat Moen representing the petitioner. Ms. Moen stated that Super Valu Stores, Inc. is working on a plan to develop the easterly portion of the property and that they wish to delay the installation of sidewalks along Plymouth Boulevard so that the developing party on this site would be responsible for the sidewalk. She said she felt the sidewalk past the cul-de-sac westward was premature and could be installed in conjunction with the developer of that area in the future. She stated that unnecessary cost could result from sidewalk construction in advance of site development. Commissioner Marofsky asked whether the grades on the site will screen the trash enclosure. Ms. Moen stated that they would. Chairman Plufka opened the Public Hearing. Chairman Plufka introduced Mr. George Wilson of 17140 14th Avenue North. Mr. Wilson stated that he received the incorrect Public Hearing Notice in the mail. He was aware of the Public Hearing though and was present to listen to the CIM OCT 19'90 Planning Commission Minutes September 12, 1990 Page 150 presentation for the Peppermint Fence Nursery School for petitioner could which he is a property owner within 500 feet. come back to the Planning Commission Chairman Plufka closed the Public Hearing. MOTION by Commissioner Marofsky,-seconded by Commissioner MOTION TO APPROVE Stulberg to recommend approval of the Amended Mixed property if no construction took place in Planned Unit Development Plan for "Cub Foods" in the Plymouth Hills Addition located at the southeast corner of VOTE - MOTION CARRIED 36th Avenue North and Vicksburg Lane for signage, trash compactor screening and parking deferral. MOTION by Commissioner Pierce to MOTION to amend by Commissioner Marofsky, seconded by MOTION TO AMEND Commissioner Pierce to review compliance in regard to the Avenue North to trash compactor enclosure again when the easterly portion Vicksburg Lane for two years. of the property is developed. Roll Call Vote. 6 Ayes. MOTION carried unanimously. VOTE - MOTION CARRIED Roll Call Vote on Main Motion. 6 Ayes. MOTION carried VOTE - MOTION CARRIED unanimously. LINDA HOPKINS (90083) MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO APPROVE Stulberg to recommend deferral of construction of the sidewalks on Plymouth Boulevard and 35th Avenue North until construction takes place on this easterly portion of the property or the southwest corner of Plymouth Boulevard and 35th Avenue North. Sidewalk shall be constructed within two years. Commissioner Zylla stated that he could not support the portion of the motion stating that sidewalks shall be constructed within two years on Plymouth Boulevard and 35th Street North if no other development takes place on that easterly portion of the property. Commissioner Marofsky responded that the petitioner could come back to the Planning Commission and ask for a deferral on the sidewalks on the easterly portion of the property if no construction took place in two years. Roll Call Vote. 5 Ayes, Commissioner Zylla, Nay. MOTION VOTE - MOTION CARRIED carried on a 5-1 vote. MOTION by Commissioner Pierce to defer sidewalk MOTION TO APPROVE construction from the west end of 35th Avenue North to Vicksburg Lane for two years. MOTION failed for lack of a second. MOTION FAILED Chairman Plufka introduced the request of Linda Hopkins to LINDA HOPKINS (90083) Amend the Existing Conditional Use Permit for the "Peppermint Fence Nursery School" at St. Philip the Deacon Church to change the name of the school operator located at 17205 County Road 6. CIM OCT j9 ,90 Planning Commission Minutes September 12, 1990 Page 151 Chairman Plufka waived the review of the September 5, 1990 Staff Report. Chairman Plufka introduced Ms. Linda Hopkins. Ms. Hopkins stated that she was in agreement with the September 5, 1990 Staff Report. Chairman Plufka opened the Public Hearing. Chairman Plufka introduced Mr. George Wilson of 17140 14th Avenue North. Mr. Wilson asked whether all conditions for the nursery school would remain as they were. He also asked what will happen to the school when the church rebuilds next spring. Coordinator Dillerud stated that there were no changes in the conditions for the nursery school. Ms. Hopkins stated she did not know what will happen if the church rebuilds. Chairman Plufka closed the Public Hearing. MOTION by Commissioner Zylla, seconded by Commissioner MOTION TO APPROVE Tierney to recommend approval to Amend the Existing Conditional Use Permit for the "Peppermint Fence Nursery School" at St. Philip the Deacon Church to change the name of the school operator located at 17205 County Road 6. Roll Call Vote. 6 Ayes. MOTION carried unanimously. VOTE - MOTION CARRIED Chairman Plufka introduced the request of U.S. Homes U.S. HOMES CORPORATION/ Corporation/Thompson Land Development Division for a THOMPSON LAND DEVELOP - Conditional Use Permit to permit stockpiling and land MENT DIVISION (90086) reclamation at the southeast quadrant of Medina Road and the Plymouth City Limits (Brockton Lane). Coordinator Dillerud reviewed the September 7, 1990 Staff Report. Commissioner Pierce asked whether the trees on the northwest were within the property line or outside the property line and whether they were significant trees. Coordinator Dillerud stated that the trees were within the property, but that they were not significant by tree policy definition. Chairman Plufka introduced Mr. Bill Pritchard representing the petitioner. cim OCT 19 ,90 Planning Commission Minutes September 12, 1990 Page 152 Mr. Pritchard stated that regarding item 4 of the resolution the petitioner would like, to use an erosion barrier instead of snow fence to separate the trees on the site which are to be preserved. Commissioner Zylla stated that he felt an effort should be made to control the dust raised during grading and filling along Medina Road. Chairman Plufka opened the Public Hearing. Chairman Plufka introduced Mr. Steve Jacobitz. Mr. Jacobitz stated his concerns were in regard to drainage from the development into the pnd BC -P1, adjacent to Amber Woods development. City Engineer Faulkner stated that the drainage system will be designed to handle the drainage. Chairman Plufka asked what would be done to handle the drainage in this area if the site development were not done after the fill is placed. City Engineer Faulkner stated that a BC -P1 Pond will be constructed at the same time the fill is brought on the site and this will effectively handle the drainage on the site. Commissioner Pierce asked if there would be any effect on the culverts under Medina Road.to the north. City Engineer Faulkner stated that the design for drainage will handle the runoff. Mr. Pritchard stated that the grading and stockpiling should be done per the plat design so that the dirt will not have to moved more than one time. Chairman Plufka introduced Mrs. Pat Raskob (lives on west side of development in Medina, no address given). Mrs. Raskob stated her concern was drainage onto her property. City Engineer Faulkner stated that the drainage will be monitored by the City and the developer is responsible for any drainage problems. He said the direction of the flow cannot be changed. Chairman Plufka introduced Mr. Bill LaTour of 3525 County Road 101. CIM OCT *1`i ' ;9 Planning Commission Minutes September 12, 1990 Page 153 Mr. LaTour stated his concerns were the drainage and the necessity of an easement across his property to resolve the drainage.. Chairman Plufka introduced Mr. John Grigg of 3180 Queensland Lane. Mr. Grigg asked for an explanation of land reclamation, and whether swamps are to be filled. Coordinator Dillerud stated that land reclamation was changing the grade level of the land, and that no wetland will be filled. Chairman Plufka closed the Public Hearing. MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO APPROVE Pierce to recommend approval of the request of U.S. Homes Corporation/Thompson Land Development Division for a Conditional Use Permit to permit stockpiling and land reclamation at the southeast quadrant of Medina Road and the Plymouth City Limits (Brockton Lane), subject to all of the conditions in the September 7, Staff Report; changing item 4 of the resolution to include snow fence or "erosion control screen". Roll Call Vote. 6 Ayes. MOTION carried unanimously. VOTE - MOTION CARRIED Chairman Plufka continued the Public Hearing for the Zoning Ordinance Amendments regarding flood plain regulation, Planned ' Unit Development Attributes and Temporary Real Estate and other Signs. Chairman Plufka called a recess at 9:35 p.m. The Commission reconvened at 9:45 p.m. Chairman Plufka introduced the request of Craig Scherber CRAIG SCHERBER (90037) for Reconsideration of PUD Concept Plan for "Stone Creek" located southeast of Medina Road and Highway 101. Coordinator Dillerud reviewed the September 7, 1990 Staff Report. Commissioner Marofsky asked if any of the park and open space area of the site were below the ordinary high water mark. Coordinator Dillerud stated that the land below the ordinary high water mark was .incorporated in the single family lots, and a small portion of the park not included in the net park area calculation. Commissioner Tierney stated that she thought the location of the twinhomes was better on the periphery rather than CIM OCT 19 `90 Planning Commission Minutes September 12, 1990 Page 154 the center part of the development because of the increased density and traffic which would result if they were centrally located. Commissioner Marofsky stated that the cul-de-sacs looked to be longer than ordinance standards and suggested they could be through streets. City Engineer Faulkner said that the two cul-de-sacs could be looped together. Chairman Plufka introduced Mr. Tom Loucks who represented the petitioner. Mr. Loucks distributed letters from personnel at the Cities of Apple Valley and Burnsville stating their approval of twin home developments, as those proposed, in their cities. Mr. Loucks stated that using open space for tot lots is not desirable. He compared this development to the Seven Ponds Development regarding open space and transition. He said that the twinhome design would not detract from the single family homes. He stated that if the twinhomes were to be placed in the center of the development they would create more traffic in the single family home area. Mr. Loucks stated that a 100 foot buffer was planned to screen the Leuer property on the west and that the developer could remove two of the twi nhomes in this area until the Leuers decided to develop their property. Regarding the trail along the east boundary from County Road 24 north, Mr. Loucks stated that two residents objected to the trail from County Road 24 passing their property, and he suggested that if this development was required to install the trail he felt that the Seven Ponds addition should also extend the trail in their development. He said that the Scherber development would be willing to match the park land dedicated by the Seven Ponds development. Mr. Loucks stated that they want to be treated as the developers of Seven Ponds were treated by the City. Commissioner Tierney asked if there was any trail area in the Seven Ponds development and the amount of park frontage. Coordinator Dillerud stated that there was no trail dedication in the Seven Ponds development adjacent to the west boundary, and that the park frontage was 60 feet. Chairman Plufka introduced Mr. Joe Domagala of 17705 County Road 24. CIM OCT 19,090 =_: —7 C--, Planning Commission Minutes September 12, 1990 Page 155 Mr. Domagala stated he was concerned about whether there would be any land elevation changes for the site; the dust problems created by grading; and the west access road from the site on the south to,County Road 24. He said he would like to see a through street between Seven Ponds and Stone Creek developments that would come out onto Highway 101. He stated that he does not object to the new location of the twinhomes proposed; that twinhomes were more appropriate near the industrial site to the north; and the lot sizes proposed for the twinhomes seemed larger on this revised plan. Mr. Loucks stated the average dimensions of the lots. Chairman Plufka introduced Mr. John Grigg of 3180 Queensland Lane. Mr. Grigg stated that the pond areas seemed smaller in the new plan and asked if the wetland area in the southwest corner was governed by the Army Corps of Engineers. He asked when the City would develop the park area and recommended that it not be done. Coordinator Dillerud stated that the pond area was identical to the previous plan and that the southwest corner was governed by the Army Corps of Engineers. He said that the park area was planned, according to the Capital Improvements Program, to be done in 1994. Chairman Plufka introduced Mr. Michael Halbach of 3185 Kimberly Lane. Mr. Halbach stated that he felt the developer had done his best to design the development. He said he did not think the public would drive into the park and that it would be used only by the neighborhood. He said that the Seven Ponds developers should also be required to install a trail. Chairman Plufka introduced Mr. Steve Jacobitz. Mr. Jacobitz stated that the twinhomes were bothersome to the residents of Amber Woods but that he had researched the ordinance and he felt the twinhomes complied with the ordinance. Chairman Plufka introduced Mr. Greg Leuer of 4475 Urbandale Court who was representing his parents who own adjoining property to the east. Mr. Leuer stated that his parents did not object to the twinhomes, but they would like to develop their property as single family homes. He suggested that Scherber keep the twinhomes to the west of the most easterly north -south public road and place single family homes to the east. CIM OCT 19 '90 Cr Planning Commission Minutes September 12, 1990 Page 156 Chairman Plufka introduced Mr. Wayne Menge of 3190 Kimberly Lane. Mr. Menge stated that the revised plan was much improved over the previous plan. 'He said he would like to see the park remain but that it should be easily accessed and a parking area should be provided. He said he would like to see the density of the twinhomes lowered. He stated he was also concerned about the drainage in the area. He stated that the trail from County Road 24 will adjoin his lot and he does not object to it. Chairman Plufka introduced Mr. Jim Stavros or 17430 County Road 24. Mr. Stavros stated that the cul-de-sac was located was too close to his home and asked what the ordinance required as far as distance from the property line for a cul-de-sac. Mr. Loucks stated that the cul-de-sac was specified by Hennepin County to match the existing road intersection of 30th Avenue North and County Road 24. Chairman Plufka introduced Mr. Bill LaTour of 3525 County Road 101. Mr. LaTour stated that it would be difficult for children to cross County Road 101 to approach Greenwood Elementary School. He questioned whether two entries to County Road 101 had been approved by the County. Mr. Loucks stated that the crossing for school children would be the intersection of County Road 101 and Medina Road. He stated the access points to County Road 101 had been approved. Mr. Steve Johnson, the project engineer, stated that the pond for drainage on the northwest would convey drainage to the north from County Road 101 to the pond and across Medina Road. He said that if the cul-de-sac were looped the drainage would require larger pipe. Chairman Plufka asked what quantity of landfill would be needed and would egress from the site on Highway 101 be acceptable rather than County Road 24. Mr. Johnson stated that the grading plan has not been determined but that no fill will be hauled in, just moved and rearranged on the site. He said the County determined the egress locations on Highway 101 and County Road 24. He stated that the wetland prevent relocation of the southern cul-de-sac. CIM OCT 19 °90 Planning Commission Minutes September 12, 1990 Page 157 Commissioner Marofsky asked if any of the lots will contain flood plain. Mr. Loucks stated that some lots will be in the 100 -Year flood plain but that no setback variances are being asked for. Commissioner Pierce asked if the density of Seven Ponds was the same as Stone Creek. He asked if there was just one access to the park. Coordinator Dillerud stated that the density of Seven Ponds was somewhat lower than this development. He said there is one major access to the park, but two trail accesses. Commissioner Stulberg stated he recommend denial of the petition when last reviewed, but he felt the revised plan has responded to requests for a transition area between the single family and twinhomes. MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO APPROVE Tierney to recommend approval of the request of Craig Scherber for a PUD Concept Plan for "Stone Creek" located southeast of Medina Road and Highway 101 subject to the conditions of the September 7, 1990 Staff Report. MOTION to amend by Commissioner Stulberg, seconded by Commissioner Tierney to recommend that the petitioner pay attention to the transition detail between the single family area to the east (Leuer) and twinhomes at the next stage of the project. Roll Call Vote on Motion to Amend. 6 Ayes. MOTION carried unanimously. Roll Call Vote. 6 Ayes. MOTION carried unanimously. MOTION to amend by Commissioner Stulberg, seconded by Commissioner Pierce' to recommend inclusion of the trail outlot on the east side of the park both from County Road 24 north and Medina Road south, as recommended by the Park Department, stating that the trail should be available to all parts of the development including the property on the east. Roll Call Vote. 6 Ayes. MOTION carried unanimously. Commissioner Zylla stated that he still felt the development was deficient in the amount of open space proposed, and he would like to see lot sizes of at least 18,500 square feet. VOTE - MOTION CARRIED VOTE - MOTION CARRIED VOTE - MOTION CARRIED Cion OCT 1 � `3 Planning Commission Minutes September 12, 1990 Page 158 Commissioner Marofsky stated that the design does not meet the PUD attributes because there is not enough open space, and it is not consistent with the'Park and Trail Element. Roll Cali Vote on Main Motion. 3 Ayes, Commissioners VOTE - MOTION FAILED Pierce, Zylla, and Marofsky, Nay. MOTION failed. MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO DENY Zylla to recommend denial of the request by Craig Scherber using findings 1 and 5 of the resolution as the reason for denial. Roll Call Vote. 3 Ayes. Commissioners Tierney, Stulberg VOTE - MOTION FAILED and Plufka, Nay. MOTION failed. MOTION by Chairman Plufka, seconded by Commissioner Pierce MOTION TO AMEND to refer the petition back to staff and the developer for redesign. Roll Call Vote. 2 Ayes. Commissioners Zylla, Tierney, VOTE - MOTION FAILED Marofsky, and Stulberg, Nay. MOTION failed. Chairman Plufka introduced the request of Laukka/Parkers LAUKKA/PARKERS LAKE Lake North 6th Addition for a PUD Final Plan/Plat located NORTH 6TH ADDITION at the northwest corner of 18th Avenue North and (90066) Shenandoah Lane. Chairman Plufka waived the review of the September 7, 1990 Staff Report. Coordinator Dillerud stated that condition No. 4 from Resolution 90-291 should replace condition No. 4 listed for the Final Site Plan. Chairman Plufka introduced Mr. Miles Lindberg who represented the petitioner. Mr. Lindberg stated that he wished to discuss the prairie grass versus sod issue. He said that the petitioner would eliminate the prairie grass but that they would like to seed the north edge of the property which is a transitional area. Mr. Greg Anderson representing the petitioner explained the landscape plan for grass and trees. Mr. Anderson stated that 38 trees have been relocated but the petitioners are not satisfied with the present prairie grass and have contacted some experts at the university to see if they can create a better grass nixed with wildflowers. MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO APPROVE Marofsky to recommend approval of the request by Laukka/Parkers Lake North 6th Addition for a PUD Final ciao OCT 19 '90 Planning Commission Minutes September 12, 1990 Page 159 Plan/Plat located at the northwest corner of 18th Avenue North and Shenandoah Lane subject to all conditions of the September 7, 1990 Staff Report. MOTION to amend by Commissioner Marofsky, seconded by Commissioner Pierce to recommend that the entire property be done with sod with the exception of seeding on the northern edge of the site adjacent to Outlot A. Vote. 6 Ayes. MOTION to amend carried unanimously. Vote. 6 Ayes. Main Motion carried on a unanimous vote. Item 6 C was not heard. This item requires a Public Hearing and will be heard at the September 26, 1990 meeting. Meeting Adjourned at 11:55 p.m. (SWP:Resolutions:pc/jw/9-12) MOTION TO AMEND VOTE - MOTION CARRIED VOTE - MOTION CARRIED CIM OCT 19'90 1_--10.6-, CITY OF PLYMOUTH PLANNING COMMISSION MINUTES SEPTEMBER 26, 1990 The Regular Meeting of the City of Plymouth Planning Commission was called to order at 7:00 p.m. MEMBERS PRESENT: Chairman Richard Plufka, Commissioners John Wire, Hal Pierce, Dennis Zylla, Joy Tierney, Larry Marofsky, and Michael Stulberg. MEMBERS ABSENT: None. STAFF PRESENT: Coordinator Charles Dillerud, City Engineer Dan Faulkner, and Sr. Clerk/Typist Denise.}Lanthier. *MINUTES MOTION, by Commissioner Tierney, seconded by Commissioner MOTION TO APPROVE Pierce, to approve the Minutes for the September 12., 1990, Planning Commission Meeting. Vote. 6 Ayes. Commissioner Wire abstained. MOTION VOTE - MOTION CARRIED carried. Chairman Plufka announced that the Public Hearing for Amendments to the Zoning Ordinance will be continued until the October 10, 1990, Planning Commission Meeting. Chairman Plufka introduced the request by OPUS Corporation OPUS CORPORATION for an amended Planned Unit Development Plan and (90080) Conditional Use Permit for a Master Sign Plan at Bass Creek Business Park located at the northwest corner of Highway 169 and County Road 10. Chairman Plufka waived the overview of the September 20, 1990, staff report. Chairman Plufka introduced Bob Worthington, representing the petitioner. Mr. Worthington stated he was in agreement with the September 7, 1990, staff report. He added that it is a matter of oversight that they must go before the Planning Commission again because they were of the opinion that signage was approved with the Preliminary Plan. CIM Planning Commission Minutes September 26, 1990 Page 161 Commissioner Marofsky asked if the signs would be used for tenant use identification. Mr. Worthington responded negatively. Commissioner Pierce asked what material the signs will be made of. Mr. Worthington responded that they will be of stone base with brick veneer and metal lettering. He added that the signs will be of a face lit design with landscaping around each of them. Commissioner Pierce asked if the proposed signs will match those of the Schneider building. Mr. Worthington responded that they will be close in appearance. Chairman Plufka opened the Public Hearing. There was no one present to speak on the issue. Chairman Plufka closed the Public Hearing. MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO APPROVE Stulberg, to recommend approval of the request by OPUS Corporation for an amended Planned Unit Development Plan and Conditional Use Permit for a Master Sign Plan at Bass Creek Business Park located at the northwest corner of Highway 169 and County Road 10, subject to the conditions set forth by staff in their September 7, 1990, staff report. MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO AMEND Wire, to amend the main motion by adding a condition stating that sign use shall be limited to the developer, and no tenant use shall be permitted. Roll Call Vote on motion to amend. 7 Ayes. MOTION VOTE - MOTION TO AMEND carried. CARRIED Roll Call Vote on main motion. 7 Ayes. MOTION carried. VOTE - MAIN MOTION CARRIED Chairman Plufka introduced the request by U.S. Homes U.S. HOMES CORPORATION/ Corporation/Thompson Land Development Division for a THOMPSON LAND DEVELOP - Residential Planned Unit Development Preliminary Plan/Plat MENT DIVISION (90028) and Conditional Use Permit for the "Mitchell -Pearson" property located at the southwest corner of Medina Road and County Road 101. Coordinator Dillerud gave an overview of the September 19, 1990, staff report. CSM Planning Commission Minutes September 26, 1990 Page 162 Commissioner Zylla asked what the proposed lot sizes are for this request. Coordinator Dillerud responded that the minimum lot size is approximately 10,000 square feet and the average lot size is approximately 12,000 square feet. Commissioner Zylla asked if dedication would be required for Pond BC -P1 if this were a conventional plat. Coordinator Dillerud responded that the BC -P1 Ponding area would be included in lots subject to a ponding and drainage easement. Chairman Plufka introduced Bill Pritchard, representing the petitioner. Mr. Pritchard stated that some of the primary design criteria of the site are the free-flowing roadways, extensive trail systems, and numerous passive open spaces which all give continuity to the neighborhood. Mr. Pritchard stated that the reduced front setback they are proposing would still allow for stacking of two cars and provide a larger rear yard. He added that the reduced width they are proposing for the trail corridor would provide additional buffering for the homeowners and give the homeowners the responsibility of maintaining their properties up to the trail, which will reduce maintenance costs for the Homeowner Association. Commissioner Marofsky pointed out that because only 1 foot would remain on each side of the trail, the Homeowner Association would need to encroach on the homeowners' properties in order to regularly maintain the trail corridor as proposed. He also pointed out that one resident may not maintain their property as well as the other. Mr. Pritchard stated that the Homeowner Association could provide an easement for the maintenance of the trail corridor. Commissioner Marofsky stated the Homeowner Association could also add a condition in their documents stating that the homeowner is responsible for the maintenance of their property including the trail corridor. Mr. Pritchard stated that he feels a 6 -foot side setback for homes with three -car garages would be adequate because the third stall would be considered the setback separation between the homes. GIM OCA 19 `90 Planning Commission Minutes September 26, 1990 Page 163 Mr. Pritchard stated that they are saving close to 50 percent of the trees. He added that most of the trees they are cutting down are Box Eider or Elm trees, and they are all located within the construction zone, which is allowable under City Policy. Chairman Plufka introduced Greg Frank, representing the petitioner. Mr. Frank stated that many trees will be preserved within the construction zone, but there is always a potential of root damage during construction. He added that they have redesigned the trail corridor to help save a majority of the trees. Commissioner Pierce asked if the building pads will need to be improved with the initial grading of the site. Mr. Frank responded that it is possible to wait until the Final Plat. Chairman Plufka stated he would like to see the petitioners guarantee a percentage factor of the number of trees they will save within the construction zones. Commissioner Wire stated that a possible solution to the problem would be for the petitioner to replace a tree for every one they destroy. Chairman Plufka opened the Public Hearing. Chairman Plufka introduced Ken Kirchgessner of 3525 Urbandale Lane. Mr. Kirchgessner stated that he is a resident of Amber Woods, and he is concerned about dredging of the wetland area. He stated he currently has water problems, and he would like to be assured there will be adequate holding. City Engineer Faulkner assured Mr. Kirchgessner that there will be no dredging and that the City has a Public Improvement Project to construct an outlet in that area. Chairman Plufka closed the Public Hearing. Commissioner Zylla asked what type of street Medina Road will become. City Engineer Faulkner responded that it will be a major collector street. Commissioner Marofsky asked whether the Development Plan or the Grading Plan was more accurate. clan QCT 10 s� � Planning Commission Minutes September 26, 1990 Page 164 Mr. Frank responded that the Grading Plan is more accurate. MOTION by Commissioner Stulberg, seconded by Chairman MOTION TO APPROVE Plufka, to recommend approval of the request by U.S. Homes Corporation/Thompson Land Development Division for a Residential Planned Unit Development Preliminary Plan/Plat and Conditional Use Permit for the "Mitchell -Pearson" property located at the southwest corner of Medina Road and County Road 101, subject to the conditions set forth by staff in their September 19, 1990, staff report. Commissioner Marofsky stated he believes the petitioner should move the housing pads to preserve natural site features. MOTION by Commissioner Marofsky, seconded by Commissioner SUBSTITUTE MOTION TO Wire, for a substitute motion deferring the request by DEFER U.S. Homes Corporation/Thompson Land Development Division for a Residential Planned Unit Development Preliminary Plan/Plat and Conditional Use Permit for the "Mitchell - Pearson" property located at the southwest corner of Medina Road and County Road 101. Roll Call Vote on the substitute motion to defer. 5 Ayes. VOTE - SUBSTITUTE Commissioner Stulberg and Chairman Plufka Nay. SUBSTITUTE MOTION TO DEFER CARRIED MOTION carried. Roll Call Vote on motion to defer. 5 Ayes. Commissioner VOTE - MOTION TO DEFER Stulberg and Chairman Plufka Nay. MOTION carried. CARRIED Commissioner Wire suggested the petitioner replace trees of reasonable size along the boulevard for every tree destroyed. He also suggested they adjust the trail corridor so the larger lots contain the easements. Commissioner Pierce suggested the petitioner present a new trail location plan to the Planning Commission before they go before City Council. He also expressed concern that the lots were too narrow. Commissioner Zylla stated he believes the lot dimensions are too great a deviation from R -1A standards. He stated he does not believe there is a need for more public or private open space, but they have to uphold the LA -1 guiding standard. Chairman Plufka stated he is in support of the proposed plan, but he would have added a condition requesting the petitioners guarantee they will save 30-50 percent of the trees within the construction zone. He also stated that lot size should not have been an issue because that was discussed in the Concept Plan. CIM OC. 1 ° 'op Planning Commission Minutes September 26, 1990 Page 165 Commissioner Stulberg stated he is in support of the proposed plan. Commissioner Marofsky stated he believes the petitioner can shift some lots without changing lot sizes to save more trees. He suggested the petitioner guarantee they will plant a certain percentage of new trees for the ones they destroy within the construction zone. Commissioner Tierney stated she believes the petitioner should alter lot sizes to provide for the preservation of more trees. Coordinator Dillerud stated that trees can be preserved on a lot -by -lot basis if the mass grading plan is minimized. Chairman Plufka introduced the request by St. Philip the ST PHILIP THE DEACON Deacon Lutheran Church for a Site Plan, Conditional Use LUTHERAN CHURCH (90082) Permit, and Zoning Ordinance variances for an addition to the church structure and a parking ramp located at 17205 County Road 6. Chairman Plufka announced that be will be abstaining from voting because he is a member of St. Philip the Deacon Lutheran Church. Coordinator Dillerud gave an overview of the September 21, 1990, staff report. Commissioner Marofsky asked if the educational services might facilitate more parking needs than the standard of 1 space for 4 seats. Coordinator Dillerud responded that the Zoning Ordinance includes accessory educational use in the existing "Place of Worship." Commissioner Zylla asked if the variance would be the same if the residential guiding was other than LA -1. Coordinator Dillerud responded affirmatively. Chairman Plufka introduced Casey Rosen, representing the petitioner. Mr. Rosen stated he is Chairman of the Building Committee for St. Philip the Deacon Lutheran Church. He stated that the church is growing at a rate of 100 additional members per year, which is the primary reason for their request. Mr. Rosen stated that the church plays a vital role in the neighborhood and community. Chairman Plufka introduced Dan Gallagher, representing the petitioner. CIM 0c� �G'�� Planning Commission Minutes September 26, 1990 Page 166 Mr. Gallagher stated he is the architect for the petitioner. He stated St. Philip the Deacon Lutheran Church has a rich tradition of service in Plymouth. He stated the church currently has 2,500 members and holds four services each Sunday. He stated that in addition to Sunday services, the church is used as a polling place for voting, to hold AA meetings and Girl Scout/Boy Scout meetings, to accommodate exercise groups as well as Wayzata High School activities, and Interfaith Outreach activities. He stated that the church has looked into moving to a new location within Plymouth, but because they are a member of ELCA, they cannot move within two miles of another ELCA church, and there are six ELCA churches in Plymouth. Mr. Gallagher stated that this is the reason for the proposed expansion. He stated the church foresees parking becoming a problem, and they are trying to resolve this problem before it becomes apparent. Mr. Gallagher stated that the proposed parking ramp would comply with the 50 -foot required Ordinance setback, but the lot depth will be reduced 13 feet due to the expansion of County Road 6. Mr. Gallagher stated that the parking deck is no higher than the west elevation because of a gradual slope on the site toward the east. He stated the proposed plan will not interfere with traffic on County Road 6. He also stated that they are proposing an internal storm drainage system which will enhance their property for storm water drainage. He stated he does not believe the 4 seats per parking space Ordinance required parking standard fits in this situation. Chairman Plufka asked what the City will require the church to do if overflow parking occurs in the residential area because they were not granted their request for a parking ramp. Coordinator Dillerud responded that the church would be responsible for providing additional parking. He stated the City could post adjoining streets for no parking during certain hours. Commissioner Marofsky stated that another alternative would be to provide parking off-site and bus the members from there to the church. Commissioner Marofsky asked Mr. Gallagher why he does not believe the 4-1 Ordinance required parking standard would work for them. Mr. Gallagher responded that there is an overlap between services --choir is there for more than one service and Sunday School teachers are also there for more than one CIM 0r'- 1 `1 ' � Planning Commission Minutes September 26, 1990 Page 167 service. He stated that they just cannot get four people to one car. Commissioner Marofsky asked what their attendance is for Sunday School. Pastor Hoffman responded they currently have 600 children enrolled in Sunday School. Commissioner Pierce asked if the church currently has a parking problem. Mr. Rosen responded that they typically have parking problems on traditional holiday Sundays. Commissioner Zylla asked if their proposed plan solves their problems of today or meets the needs for the future. Mr. Gallagher responded that their proposed plan will meet their future needs. Commissioner Zylla asked if the parking ramp will be built to allow for further ramp expansion in the future. Mr. Gallagher responded negatively, and stated that it is a fixed ramp. Commissioner Tierney asked if they have explored the option of purchasing additional property. Mr. Rosen responded that they have received offers from two adjoining neighbors to sell their property to the church, but the church felt it was still prudent to go ahead with their proposed plan. Commissioner Marofsky asked how many parking spaces would be lost if the parking ramp was set back the required 50 feet. Mr. Gallagher responded they would lose 4-6 parking spaces. Chairman Plufka opened the Public Hearing. Chairman Plufka introduced Gary Bennington of 17225 13th Avenue North. Mr. Bennington stated that he abuts the south end of the church property, and he feels that purchasing additional residential property for their parking needs would be a bad alternative to the parking ramp. Chairman Plufka introduced Edwin Brunken of 17200 14th Avenue North. C►M OCT 1 Planning Commission Minutes September 26, 1990 Page 168 Mr. Brunken stated he is in favor of the parking ramp and does not feel the purchasing of additional residential property would be a good alternative. Chairman Plufka introduced Dean Monteith of 17301 14th Avenue North. Mr. Monteith stated he also is in favor of the parking ramp and does not feel the purchasing of additional residential property would be a good alternative. Chairman Plufka introduced John Overson of 17211 14th Avenue North. Mr. Overson stated that he is in favor of the parking ramp. He stated he is a member of a church that busses members from a parking site to the church, and he feels the ramp is a much better alternative. Chairman Plufka introduced Pat Pilarski of 17120 14th Avenue North. Mr. Pilarski stated he also is in favor of the parking ramp and does not feel the purchasing of additional residential property would be a good alternative. Chairman Plufka introduced Barb Roach of 17220 14th Avenue North. Ms. Roach stated she is not in favor of the proposed plan, and stated she believes the proposed plan will reduce the value of their homes. Chairman Plufka closed the Public Hearing. Mr. Rosen stated the church wants to be a good neighbor and that they are not currently taking the initiative to purchase additional property. Commissioner Pierce asked staff if they have reviewed the landscape plan as to screening of the parking. Coordinator Dillerud responded that City staff favors the fencing along the south edge of the property and the plan now shows this method. He added that the parking ramp edge will be made of masonry with a 4 -foot wall height to screen headlights. Commissioner Zylla asked what the appearance would be of parking ramp as it faces 14th Avenue North. Mr. Gallagher stated the appearance will be of unpainted concrete, but that they would be flexible regarding the material used for the south edge of the parking ramp. CSM OCT Planning Commission Minutes September 26, 1990 Page 169 Commissioner Tierney asked why the ramp is open facing County Road 6. Mr. Gallagher responded that it is open for security reasons and there are no immediate residential neighbors. MOTION by Commissioner Wire, seconded by Commissioner Tierney, to recommend approval of the request by St. Philip the Deacon Lutheran Church for a Site Plan, Conditional Use Permit, and Zoning Ordinance variances for an addition to the church structure and a parking ramp located at 11205 County Road 6, subject to the conditions set forth by staff in their September 21, 1990, staff report. MOTION TO APPROVE MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO AMEND Pierce, to amend the main motion by deleting Condition 11a and changing Conditions 11b and 11c to be consistent with the Zoning Ordinance standard of a 50 -foot setback for the parking ramp structure. Commissioner Marofsky stated that losing a maximum of six parking spaces in order to meet the Zoning Ordinance standard of a 50 -foot setback and would not create a hardship for the petitioner. Commissioner Stulberg stated he is in opposition of the proposed plan. He stated he believes a parking ramp is the best solution, but he also feels they are over- building in a residential district. Commissioner Zylla stated that he believes the proposed setback would not create a problem since 13 feet is lost by the expansion of County Road 6. Roll Call Vote on motion to amend. 2 Ayes. Commissioners Wire, Zylla, Tierney, and Stulberg Nay. Chairman Plufka abstained. MOTION failed. MOTION by Commissioner Zylla to amend the main motion by adding a condition stating that the parking ramp edge on the south side be of some other material than unpainted concrete. MOTION died for lack of a second. Commissioner Pierce stated the material used for the parking ramp should be maintenance free. Commissioner Zylla stated the proposed plan is consistent with the Guide Plan, and he is in favor of it. VOTE - MOTION TO AMEND FAILED MOTION TO AMEND MOTION TO AMEND DIED - NO SECOND city dCi 1 '�� Planning Commission Minutes September 26, 1990 Page 170 Roll Call Vote on main motion. 5 Ayes. Commissioner VOTE - MAIN MOTION Stulberg Nay. Chairman Plufka abstained. MOTION carried. CARRIED Chairman Plufka called a 10 minute recess at 10:00 p.m. Chairman Plufka reconvened the meeting at 10:10 p.m. Chairman Plufka introduced the request by Independent INDEPENDENT SCHOOL School District #284 for a Conditional Use Permit to allow DISTRICT #284 (90088) public school use of an existing place of worship (Plymouth Covenant Church) located at 4300 Vicksburg Lane. Chairman Plufka waived the overview of the September 20, 1990, staff report. Chairman Plufka introduced Carol Byrant, principal of Plymouth Creek Elementary School and representative of the petitioner. Ms. Byrant stated she was in agreement with the September 20, 1990, staff report. Commissioner Tierney asked if the school has a current parking problem. Coordinator Dillerud responded that the City has received two applications to increase the parking at Plymouth Creek and Gleason Lake Elementary Schools. Ms. Byrant assured the Commission that their proposal will not impact the current parking problem. Chairman Plufka opened the Public Hearing. There was no one present to speak on the issue. Chairman Plufka closed the Public Hearing. MOTION, by Commissioner Wire, seconded by Commissioner MOTION TO APPROVE Pierce, to recommend approval of the request by Independent School District #284 for a Conditional Use Permit to allow public school use of an existing place of worship (Plymouth Covenant Church) located at 4300 Vicksburg Lane, subject to the conditions set forth by staff in their September 20, 1990, staff report. Roll Call Vote. 7 Ayes. MOTION carried. VOTE - MOTION CARRIED Chairman Plufka introduced the request by Hoyt Development HOYT DEVELOPMENT for a Site Plan amendment and variance to construct COMPANY (90070) additional parking for the 6 & 61 Office -Warehouse. Chairman Plufka waived the overview of the September 20, 1990, staff report. Ciao OCT Yv Planning Commission Minutes September 26, 1990 Page 171 Chairman Plufka introduced Mike Gair, representing the petitioner. Mr. Gair gave a slide presentation of their proposed plan. He stated the curb of the parking expansion would be inside the current landscaping and therefore the only landscaping disturbed would be sod. Mr. Gair stated he believes there is a hardship for granting a variance. Chairman Plufka asked if their initial calculations were wrong on their Final Plan because they stated they would build a parking ramp should parking ever become a problem. Mr. Gair responded that the are pursuing only 37 additional stalls, not 57 as they proposed to have with a parking ramp. Commissioner Wire asked what they foresee as the ratio for office space. Mr. Gair responded that they are not allowed to have more than 65 percent office space and they still have 6,500 square feet yet to lease. MOTION by Commissioner Zylla, seconded by Commissioner MOTION TO DENY Marofsky, to recommend denial of the request by Hoyt Development for a Site Plan amendment and variance to construct additional parking for the 6 & 61 Office - Warehouse, based on the findings set forth by staff in their September 20, 1990, staff report. MOTION by Commissioner Stulberg, seconded by Chairman SUBSTITUTE MOTION TO Plufka, for a substitute motion recommending approval of APPROVE the request by Hoyt Development for a Site Plan amendment and variance to construct additional parking for the 6 & 61 Office -Warehouse, subject to the conditions set forth by staff in their September 20, 1990, staff report. Commissioner Stulberg stated he does not believe they would be creating problems by approving this plan. He stated he feels this is a much better solution to their anticipated parking problems versus building a parking ramp. Commissioner Marofsky stated he feels there is no hardship for granting a variance. He stated that parking would be extremely visible from County Road 61. He also commented that he does not believe the 6 & 61 Office -Warehouse has a parking problem. Roll Call Vote on the substitute motion to approve. 3 VOTE - SUBSTITUTE Ayes. Commissioners Wire, Zylla, Tierney, and Marofsky MOTION TO APPROVE Nay. MOTION failed. FAILED CIM OCT 19 ,90 Planning Commission Minutes • September 26, 1990 Page 172 Roll Call Vote on motion to deny. 4 Ayes. Commissioners Pierce, Stulberg, and Chairman Plufka Nay. MOTION carried. Chairman Plufka introduced Other Business. Coordinator Dillerud asked the Commission if they had any items for discussion for the Joint Meeting with City Council on October 1, 1990. Chairman Plufka stated he would like to receive feedback from City Council on how they view the PUD Ordinance. Commissioner Marofsky stated he would like to discuss Zoning Ordinance enforcement. Commissioner Zylla stated he would like to discuss issues related to the assessment impacts of downzoning. Chairman Plufka adjourned the meeting at 11:00 p.m. VOTE - MOTION TO DENY CARRIED OTHER BUSINESS Clay OCA 1'90 BASSETT CREEK WATER MANAGEMENT COMMISSION Minutes of the Meeting of September 20, 1990 Call to Order: The Bassett Creek Water Management Commission was called to order by Chairman Peter Enck at 11:35 A.M., Thursday, September 20, 1990, at the Minneapolis Golf Club. Roll Call: Crystal: Commissioner Bill Monk Engineer: Len Kremer Golden Valley: Alternate Commissioner Dean Chenoweth Counsel: Curt Pearson Medicine Lake: Commissioner John O'Toole Corps of Engineers: Minneapolis: Alternate Commissioner R. Kannankutty William Spychalla Minnetonka: Commissioner David Sonnenberg General Mills: New Hope: Commissioner Peter Enck John Schevenius Plymouth: Commissioner Fred Moore Robbinsdale: Commissioner Lee Gustafson St. Louis Park: Not represented Approval or Correction of Minutes: Mr. Kremer corrected the August 16 minutes. Mr. John Barton's name was incorrectly spelled on page 1 (Communications - Chairman. Item 2). With this correction, it was moved by Mr. Monk and seconded by Mr. Gustafson that the minutes be approved. Carried unanimously. Financial Statements: Mr. Chenoweth presented the financial statements for the period ending September 20 showing a checking account balance of $102,820.88, an investment balance of $281,720.75, and a construction account balance of $240,734.50 including the $5,000.00 which is earmarked for Medicine Lake. The treasurer's report was filed for audit. Presentation of Invoices for Payment: 1. Mr. Chenoweth moved the approval of Barr Engineering Company's invoice for $30,054.88 for services and expenses for the period of July 1 - September 1, 1990. Seconded by Mr. O'Toole and carried unanimously. 2. In the July 19 minutes, Mr. Pearson advised the Commission that an invoice for $4596.87 had been received for Mr. Brad Bjorklund's services as a neutral adviser at the arbitration meeting. He had said the Corps would pay the bill but that we will reimburse the Corps for our share so it would not be done by direct billing. He now reported that he had received a letter from the Corps of Engineers who indicated that our share would be one-third and that we should make our check payable directly to Mr. Bjorklund and forward it to him. It was moved by Mr. Chenoweth and seconded by Mr. O'Toole that this payment be approved. Carried unanimously. Communications Chairman: None. Counsel: 1. Mr. Pearson reported that Mr. Gregory Johnson of the Minnesota Pollution Control Agency had sent him a letter informing the Commission that Ms. Marge Velky has been appointed as the MPCA's project manager for the Commission. She will be replacing Ms. Carolyn Dindorf. Mr. Johnson will be working closely with her to ensure a smooth transition of MPCA project management and assistance for our project. Mr. Johnson indicated that he and Ms. Velky will try to set up a meeting with the Commission or staff in the near future to assist in the transition. 1 CIM OCT Q� '1 a2:71 b 2 2. Mr. Pearson reported on an August 30 letter to Doug Robohm of the MPCA regarding the Irving Avenue dump site. A remedial investigation of the potential risk to groundwater supples had to be completed. The site is being used as a soil disposal site for the construction of the double box culvert. An investigation was undertaken to determine regarding hazardous wastes at the site. The remedial investigation concluded that there was no risk of contamination to groundwater but that monitoring was recommended. The report was sent to the PCA. 3. Mr. Pearson referred to an August 29 memo concerning the meeting held with Golden Valley staff, the Corps of Engineers, and representatives of the Golden Valley Country Club. Chairman Enck indicated that he had been pleased with the response at this meeting. This has been a problem for Golden Valley. The committee from the Golf Club indicated that, if the construction location could be agreed upon, they would consider either dedicating easements or paying minimal costs. All these statements are subject to approval under the Golf Club's bylaws and regulations. They are anxious to work with the City of Golden Valley. Mr. Enck thanked Mr. Pearson for his work in preparing the material for this meeting. Commissioners: None. Corps of Engineers Mr. Spychalla discussed briefly the withdrawal of funds from the construction account. He said the figures do not reflect the reduction in overall project costs. - In November, the amount to be requested for deposit into the escrow account will be considerably less than previously indicated. Engineer: Mr. Kremer reported that he had had a communication from Mr. Joe Gibson of the .DNR. They are modifying our existing contract for the grant money for the flood damage reduction program within the next two weeks. We will have to provide certification that we have spent $1,675,000 to date. We will have to prepare a tabulation of these figures. Mr. Kremer will assemble these figures which will be included with a letter from the Commission signed by Mr. Silberman, Treasurer. New Business 1. Mr. Kremer had received a request for review of a DNR permit application for a street improvement project in Plymouth along 15th Avenue North near the south end of Medicine Lake. This consists of paving 15th Avenue North and installing a 6 -inch perforated PVC pipe beneath a drainage swage to drain the street. The Swale and pipe will discharge to Medicine Lake. The management envelope for Medicine Lake is 890.1. The proposed erosion control features includes a silt fence. Mr. Kremer indicated that it would be desirable to riprap the bottom 20 feet. Other than that, he recommended approval. Mr. O'Toole asked if there would be any adverse effect on the property owners. He would not be in favor of it unless the property owners were satisfied. Mr. Kremer said that would need to be looked at further. It was moved by Mr. Gustafson and seconded by Mr. O'Toole that we recommend approved providing this is satisfactory to the property owners. Carried unanimously. 2. A copy of a shore protection plan for Northwood Lake in the City of New Hope had been received. The project includes placing riprap and filter fabric in accordance with DNR requirements along approximately 1,920 lineal feet of Northwood Lake shoreline. The management envelope for Northwood Lake is 889.5. Placement of the riprap will result in approximately 1,070 cubic yards (0.7 acre-feet) of floodplain filled. Mr. Kremer recommended approval providing that the shoreline be excavated to provide compensating storage. Mr. Enck asked if previous excavation done by the City would qualify for compensating storage. Mr. Kremer indicated that he would have to get a topographical map of the work. The consensus of the Commission was that storage would have to be replaced in the area and that there be full compensating storage. Although the storage would have to be in the area, it would not have to be in the shoreline. Approval moved by Mr. Gustafson, seconded by Mr. Monk, and carried unanimously. am N -lb 3 3. A request was received for review of a proposed storage building at the Jancik Residence, 6509 Plymouth Avenue, Golden Valley (along the left (north) bank of Bassett Creek immediately upstream of Florida Avenue. The proposed plan consists of installing a 10x10 foot storage building in the floodplain approximately 40 feet south of the normal creek channel. The management envelope is Elevation 872.5. The storage building will be constructed on four corner posts that extend to Elevation 873.5, thus providing 1 foot of freeboard above the management envelope. Discussion followed. Golden Valley allows construction if there is no increase in flood damage. The building is in a flood fringe area and will be about three feet off the ground. It was questioned how he would get the material in the building. Mr. Kremer says they will build a ramp. Consensus was that there should be a specification that no fill be allowed. Mr. Pearson cautioned that it might be advisable to have caveats in place. Mr. Kremer said that conveyance is not an issue. The building would be 75 feet from the edge of the channel. Mr. Moore said that this is just a storage building but it could be a precedent. After further discussion, it was moved by Mr. Gustafson and seconded by Mr. Monk that this be deferred or tabled to enable Mr. Pearson and Mr. Kremer to review the request further. Carried unanimously. 4. A request was received for review of a proposed building addition for the Glenwood Inglewood facility located in the City of Minneapolis along Bassett Creek immediately downstream of Fruen Mill dam. The project consists of a 17,000 square foot addition to the south end of the facility. The management envelope is Elevation 818.0. The addition will be designed with a floor elevation of 817.0. A small portion of the addition adjacent to the existing building will have the same floor elevation as the existing building at 813.0. The building addition will be allowed to flood. All mechanical and electrical equipment would be above Elevation 819.0. Construction of the addition will result in 0.7 acre-feet of floodplain filled. Since conveyance is critical along this reach of the creek, the fill in the floodplain will have a negligible effect on the flood elevation. Silt fence will be utilized for erosion control during construction. Mr. Kremer had included a copy of an attached flood contingency plan provided by the designer. Mr. Kremer recommended approval. A long discussion followed. The area is in the floodplain and, in a 100 year flood, water would flow into the area. Mr. Kremer stated that there were poor foundation conditions in the area so they do not plan to elevate the structure. They have proposed FP4 floodproofing. Mr. Kremer said he would recommend approval since the plan is consistent with the policies of the Commission. Mr. Kannankutty explained that the top of the dike has to be three feet above the 100 year flood so in effect it won't be flooded. Mr. Pearson said he would recommend that: 1 ) There be a hold harmless agreement with the Commission and the Corps of Engineers. 2) That there be discussion and agreement concerning a bilge pump which is discharging polluted water from the parking lot directly to the creek. We should talk to the people from the PCA who are working on the National Pollution Discharge Elimination System (NPDES) permit program. • They will also need a permit from the City of Minneapolis. Mr. Kannankutty agreed that there should be a hold harmless agreement. • The Commission could insert a requirement that they obtain NPDES approval. • Mr. Enck questioned concerns about economic hardship. He said the building is triple the size of the last one approved. He also asked whether this was an infringement of our policy. • Mr. Moore stated that building in a fringe area is permitted when flooding damages are not being increased. Ck"k, OCT �G'9J 1� 4 • Mr. Sonnenberg stated there were alternatives and that a more expensive method could be used. • Mr. Pearson warned that we need to be setting policies and standards concerning water quality and encroachment on the floodplain and that the Commission, the City of Minneapolis, and the Corps of Engineers should be protected. • Mr. Kremer read parts of the approved plan that he thought referred to a request of this type. • It was questioned whether the issue was over technique or whether they can build or not. • It was asked what the Minneapolis requirements were. Mr. Kannankutty answered that building in the flood plain requires approval from the Commission. • Mr. Moore asked if we still need easements from Glenwood -Inglewood. Requirements could be added. He also mentioned the hold harmless provision. Mr. Pearson recommended that the Glenwood -Inglewood request be referred to staff for further study. Moved by Mr. Sonnenberg, seconded by Mr. Kannankutty, and carried unanimously. Mr. Enck asked Mr. Kannankutty to do some research also. 5. Flood proofing of Golden Valley homes. Mr. Kremer briefly summarized the history of these homes and why floodproofing was not done. After further discussion, it was decided to defer this to the next meeting when representatives of Golden Valley would be present. Old Business 1 . Medicine Lake grant application and the effect of the EPA policy Mr. Runke of Barr Engineering had prepared a brief report. A meeting had been attended by Messrs. Moore, Wand, Monk and Kremer. As the draft policy recommended by E.P.A. stands, it affects only new development. Discussion followed regarding amending our grant application and applying monies to do a study as to what nutrient benefit we could get from retrofitting existing stormwater ponds for water quality enhancement. Mr. Monk asked where could we go to prepare an estimate. It was moved by Mr. Moore and seconded by Mr. Gustafson that we prepare a request that our grant application be amended to do the evaluation. Carried unanimously. 2. Request of extension of the overall Corps project. Discussion followed as to the length of time for the extension. The construction at Highway 100 would be one of the reasons for the request. A two year extension was suggested by Mr. Monk. It was also recommended that we request a completion date of 1993. Mr. Monk suggested 1994, saying that the Corps could always cut the time down. It was moved by Mr. Monk that we ask for an extension of two years. Seconded by Mr. Gustafson and carried unanimously. Adjournment Since there was no further business, it was moved by Mr. Monk and seconded by Mr. Moore that the meeting adjourn. Chairman Enck adjourned the meeting at 1:35 P.M. W. Peter Enck, Chairman Donald Rye, Secretary Elaine Anderson, Recorder Date: PLYMOUTH FIRE DEPARTMENT MONTHLY REPORT TYPE OF REPORTED INCIDENTS BY TIME OF DAY 1989 MONTH: SEPTEMBER 1990 29 FALSE ALARMS: 40 48 TOTAL CALLS: 58 77 NUMBER OF ESTIMATED LOSS: $28950 0001 0601 1201 1801 CONFIRMED FALSE PERMITS ESTIMATED 0600 1200 1800 2400 CALLS ALARMS TOTAL ISSUED LOSS 1 3 2 5 4 7 11 3 $26200 PRIVATE DWELLINGS APARTMENTS 2 2 7 6 2 15 17 6 HOTELS & MOTELS 0 OTHER RESIDENTIAL 0 PUBLIC ASSEMBLY 0 SCHOOLS & COLLEGES 1 1 2 2 1 HEALTH CARE INST 3 3 3 1 PENAL INSTITUTION 0 STORES & OFFICES 1 3 2 2 3 5 8 2 $150 INDUSTRY, MFG. 3 1 1 5 5 STORAGE IN STRUCTURE 1 1 1 SPECIAL STRUCTURES 0 OUTSIDE OF STRUCTURE 0 IN HIGHWAY VEHICLES 1 3 3 2 7 2 9 $2600 IN OTHER VEHICLES 0 IN BRUSH, GRASS 0 IN RUBBISH, DUMPSTER 1 1 1 ALL OTHER FIRES 0 MEDICAL AID RESPONSE 0 MUTUAL AID GIVEN 0 ALL OTHER RESPONSES 1 1 1 TOTALS 6 18 17 17 18 40 58 13 $28950 *MALICIOUS FALSE 2 *MUTUAL AID RECEIVED 1 *IN ABOVE TOTALS r ) 1990 1989 CONFIRMED CALLS: 18 29 FALSE ALARMS: 40 48 TOTAL CALLS: 58 77 C=3 ESTIMATED LOSS: $28950 $37650 ' r ) PLYMOUTH FIRE DEPARTMENT MONTHLY REPORT TYPE OF REPORTED INCIDENTS BY TIME OF DAY 283 358 344 652 JAN - SEP 1990 $209750 NUMBER OF 0001 0601 1201 1801 CONFIRMED FALSE PERMITS ESTIMATED 0600 1200 1800 2400 CALLS ALARMS TOTAL ISSUED LOSS 10 28 32 35 62 43 105 19 $220200 PRIVATE DWELLINGS APARTMENTS 39 44 64 58 35 170 205 52 $128850 HOTELS & MOTELS 2 2 3 3 3 7 10 4 $0 OTHER RESIDENTIAL 0 0 0 1 1 0 1 0 $0 PUBLIC ASSEMBLY 0 2 2 3 2 5 7 2 $0 SCHOOLS & COLLEGES 2 4 13 12 2 29 31 11 $0 HEALTH CARE INST 1 3 2 3 2 7 9 2 $200 PENAL INSTITUTION 0 0 0 0 0 0 0 0 $0 STORES & OFFICES 6 18 14 17 15 40 55 22 $34150 INDUSTRY, MFG. 2 17 13 6 8 30 38 12 $10100 STORAGE IN STRUCTURE 0 1 1 2 2 2 4 0 $0 SPECIAL STRUCTURES 1 0 1 0 1 1 2 0 $500 OUTSIDE OF STRUCTURE 1 0 0 0 1 0 1 0 $0 IN HIGHWAY VEHICLES 8 16 17 15 43 13 56 0 $90900 IN OTHER VEHICLES 1 2 0 0 3 0 3 0 $4700 IN BRUSH, GRASS 1 6 26 18 49 2 51 0 $0 IN RUBBISH, DUMPSTER 7 2 2 1 11 1 12 0 $0 ALL OTHER FIRES 2 2 1 2 6 1 7 0 $0 MEDICAL AID RESPONSE 1 2 3 1 6 1 7 0 $0 MUTUAL AID GIVEN 0 3 4 2 9 0 9 0 $0 ALL OTHER RESPONSES 2 12 19 6 33 6 39 0 $0 TOTALS 86 164 217 185 294 358 652 124 $489600 *MALICIOUS FALSE 22 *MUTUAL AID RECEIVED 3 *IN ABOVE TOTALS JANUARY -SEPTEMBER CONFIRMED CALLS: FALSE ALARMS: TOTAL CALLS: ESTIMATED LOSS: 0 1-0 C6 0 1990 1989 294 283 358 344 652 627 $489600 $209750 H • POLICE FALSE ALARMS PERMITS 1989 113 58 1990 112 61 CHANGE -0.8 $ +5.1 $ FIRE FALSE ALARMS 1989 48 1990 40 CHANGE -16.7 PERMITS 5 13 160 CSP. OCT 1 9 '°0 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: October 19, 1990 TO: James G. Wi,YI i /Cit, Manager FROM: Charlesrud, Community Development Coordinator, through Blair Tre Community Development Director SUBJECT: HENNEP ' COUNTY WASTE TRANSFER STATION CONDITIONAL USE PERMIT APPLICATION (89057) The City of Plymouth has not received response to our letters of August 24, 1990, and August 31, 1990, containing a total of 33 items in need of clarification or additional information regarding the subject project. Representatives of Hennepin County met with City staff on September 18, 1990. The purpose of that meeting was to discuss issues raised by our letters of August 24 and August 30. Hennepin County is continuing to prepare responses to the Development Review Committee letters. As of this date, the subject application remains in Stage II of the Development Review Committee processing system. The Hennepin County staff has informed the City verbally that revised plans will be submitted by November 1. (cc/cd/89057:dl) CiM OCT 19 ,90 CUSTOMER SERVICE LINE October 12, 1990 PROBLEM: This week's recycling was not picked up on Wednesday. The same thing happened about one month ago where recycling was not picked up on Wednesday as scheduled until Thursday, or was not picked up at all. SOLUTION: Mr. Norenburg would like to know if this delay was caused by a holiday. He also requests that residents be notified if there is no pickup one week so that residents do not put recyclables out. CIM or,10'90 6 CITY OF October 17, 1990 PUMOUTR Mr. Scott Norenburg 2753 Upland Lane Plymouth, MN 55447 SUBJECT: RECYCLING MISSED PICKUP Dear Mr. Norenburg: I am sorry to hear that your recycling was not picked up on the scheduled day recently. This was not due to a holiday, and I suggest it was possibly a human error on the part of the driver. Our contract hauler informs me that he does have a couple of fairly new drivers on the route. The standard procedures in our contract regarding missed pickups are: 1. Call the hauler at 890-1100 and inform them of the fact that you are missed. 2. Call the City at 550-5070 at the end of the day of your scheduled pickup or early the next morning following the day of your scheduled pickup. The City will get the information to the hauler who will then pick you up on the very next day. The contractor has been doing a very good job of avoiding missed pickups such as your's, however, there will be an occasional miss. We ask your indulgence in making the phone call to the City and leaving your items at the curb. We will make sure it is picked up the following day. If we do not hear from you, however, we have no way of knowing that you have been missed, and therefore, cannot correct the problem. We do appreciate very much your call and hopefully you will not be missed again in the future. Thank you. Sincerely, .(2.aQjj- Richard J. Pou iot Project Coordinator RJP:kh cc: Fred G. Moore, Director of Public Works James G. Willis, City Manager Helen LaFave, Communications Coordinator CIV 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 CUSTOMER SERVICE LINE October 11, 1990 PROBLEM: Schmidt Lake Road is scheduled to go in behind Ms. Doyle's house and also behind the 4800 block of Kingsview Lane. She is concerned that a row mature trees will need to come down in order for the road to go through. SOLUTION: Move the road about 20 feet north where there is a natural clearing and farmer's field to avoid the removal of these mature trees. She also requested a list of City Councilmembers. (Communications Coordinator mailed her the list). CIM OCT 1 0'90 s CIN OF PLYMOUfR October 12, 1990 Ms. Diane Doyle 4835 Juneau Lane Plymouth, MN 55446 Dear Ms. Doyle: Thank you for calling the Plymouth Customer Service Line. I have referred your concern about the trees that would need to come down in order for Schmidt Lake Road to be constructed to Public Works Director Fred Moore. He will contact you shortly regarding this concern. As you requested, I have enclosed a list of the Plymouth City Councilmembers. All Councilmembers are elected at large. Thanks again for bringing this matter to our attention. If you need any more information after speaking with Fred, please feel free to contact me at 550-5011. Sincerely, W&Q;-" (tk1 James G. Willis City Manager JW:kec cc: Fred Moore, Public Works Director S.F. 10/26/90 Cine OCT 19' `13 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 7=—\O CUSTOMER SERVICE LINE October 15, 1990 PROBLEM: Mr. Anderson and his wife frequently run on the Luce Line trail. He reports that increasingly people with very aggressive dogs are walking their dogs on the trail without leashing them. He would like to know if Plymouth has a leash law. SOLUTION: Provide Mr. Andeson with information on the City's leash law and enforcement policy. CIM OCT 19'90 Z 10 CIN OF PLYMOUfFF October 15, 1990 Mr. Robert Anderson 604 Kingsview Lane North Plymouth, MN 55447 Dear Mr. Anderson: Thank you for calling the Plymouth Customer Service Line. I have referred your concern about people walking their dogs without a leash on the Luce Line trail to Public Safety Director Dick Carlquist. He will contact you shortly regarding this concern. Thanks again for bringing this matter to our attention. If you need any more information after speaking with Dick, please feel free to contact me at 550-5011. Sincerely, es G. Willis Ci y Manager JW:kec cc: Dick Carlquist, Public Safety Director S.F. 10/22/90 ciao OCT 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 CUSTOMER SERVICE LINE October 9, 1990 ANONYMOUS PROBLEM: Abandoned car at 11624 Highway 55. No current license on it. The car has been there for two years and is unsightly. (October 8, 1:17 p.m.) SOLUTION: See that the abandoned car is removed as soon as possible. cINA, OCT 11 `90 =\o PLYMOUTH POLICE DEPARTMENT MESS KEY E C 1 / BRUNING NUMBER OCA 0 0, 1# 61 gFla / CONT. AGEN Y NCIC t ENT. CAG SIG_ EDxcg DATEMM REPORT MADE M N 0 12 1 711, j 7 10 1 0/ -CONIROL 9, DAY: S M T W T F S LNBR DATE REPORTED 2❑ 1 0101 9 RPO TIME RPO TRP LOCATION GRID NOR (LGN) , ,/ 9 0, ./ PLACE COMMITTED IPLCI O � t v l SQUAD OR BIiDGE�) TIME ASIG. (TAS) T181 TIME CLR. (TCL) P 3 / / (t ,�, 7, 6, 2/ 1 7 0 0/ 1 8 5 0/ 11 1 9 1 0 1 4/ LNBR ISNUOC UCS F-4] ®/ /❑ OFFENSE OR INITIAL COMPLAINT❑ JUNK VEHICLE VICTIM IIF FIRM, NAME OF FIRM,, NAME OF PROP.) D.O.B OI IF VICTIM 15 A PERSON PERSON REPORTING OFFENSE TO POLICE ANONYMOUS FINDINGS. DISPOSITION OR LOSS OFFICER ASSIGNED ASSISTED BY BRUNING SUPR. APPROVEDTECTIVEA SIG_ EDxcg .I - DATE k TIME OCCURRED ONGOING BUSINESS ADDRESS HOME ADDRESS SCHOOL GRADE IF JUVENILE BUSINESS ADDRESS HOME ADDRESS SUSPECT OWNER: LORRAINE HELEN BEAM 11624 HWY 55, PLYMOUTH 55441 WF -DOB 100219 - 545-8255 MENTIONED* SHERMAN BITTLE 871-4865 SUSPECT VEHICLE: MN LIC #BSW 672, SERIAL #6L47S70132466 HRD Codes P - Phone R - Radlo A - Alarm I In Person V Visual M - Mad T - Other OME Pf- H.1� T'S NAMES BUSINES HOME PI• Cly OCT On -101090 -at 1850 hours I -responded to -11624 - Hwy -55 in response to -a memo that was -sent down--from-Helen LaFave -regarding a -complaint received on-a--24- hour n-a--24- hour customer -service line - by -an -anonymous resident of the -City of - Plymouth. The -complainant stated that a -junk vehi-cle was parked -on the lot at the above address and had been there for two years and was unsightly. I found -the above -vehicle parked -at -the bottom - of the -hill -in -the -back yard next to a storage shed.- The. vehicle appeared -to be inoperable, -and the wheels were -semi-submerged by earth due - -to -an -apparent -lengthy stay -in- the same - position. - - - I approached - -the -residence - -and -spoke with the - above homeowner. He -stated that Mr -Bittle owned the -vehicle and -was going to - -move the -vehicle -shortly. I -asked -him how long the vehicle had been - there, -and she stated approximately -one -year. - -I -advised -her - that --it -was - -against -City ordinance to have a vehicle that was not currently -registered -parked on- a lot in - the City . -of Plymouth and - -pointed -out to -her that -the -above - vehicle displayed August 1989 -expiration. She stated- that she would -contact Bittle and have the -vehicle removed. - I -asked -her -how much time -she would -need -to remove the vehicle, - and we came -to an agreement of -a 3 -week period of -time. I - advised her that I -would be sending - -her -a - mailing -including a public nuisance report and.a copy of the ordinances pertaining -to the -above -offense. I also advised her that I would be happy to call Mr Bittle if she felt that J RUTH POLICE DEPT. - OR INCIDENT .JLIC NUISANCE/JUNK VEHICLE PAGE 2 SUPPLEMENTARY/CONTINUATION REPORT. /693 would -assist -her - in - having - the vehicle -removed - from -the -property. - -She felt that she would -be -able -to -work -with -the vehicle -owner, -however,--I -left her a business card and advised her to call me if she needed any assistance. A mailing was -prepared €or -Beam-consisting -of -cover -letter, -a -public - -nuisance report, a copy -of-the-pertinent-ordinances, with a -reinspection date -set up for -103190. - -It was - noted -on -the - bottom -of -the - public -nuisance -report for Beam to. -contact -this officer should -she have any questions or concerns she would like to discuss. A copy of this report should be forwarded to Helen LaFave. BRUNING:sb CITY OF October 17, 1990 PUMOUTR Robert Anderson 604 Kingsview Lane Plymouth, MN 55447 SUBJECT: UNLEASHED DOGS ON THE LUCE LINE TRAIL Dear Mr. Anderson: Thank you for calling the Plymouth customer service line. Your concern about dogs being allowed to run unrestrained on the Luce Line Trail has been forwarded to Community Service Officers for their immediate attention. People who walk their dogs along the Luce Line Trail often ignore City ordinance 915.11, which states "no owner of a dog shall permit it to be at large within the City. Every owner of a dog shall keep it under restraint at all times." They ignore this ordinance because when walking the Luce Line Trail they feel they are no longer in a residential area, and that releasing the dog would cause no problem. I have asked the Community Service /Officers to patrol the Luce Line at different times to inform citizens of the ordinance. Persons in noncompliance after being warned may be cited for the offense. I would also ask you to call 9-1-1 in the future to report these incidents as they occur. The Plymouth Police Department takes the City animal ordinances very seriously, and we appreciate citizen involvement. If you have any additional questions or concerns, feel free to contact me at 550-5160. Sincerely, Richard J. rlqui Public Safety Director Plymouth Police Department RJC/sb cc: James G. Willis - City Manager CIAO OCT 19'90 Helen LaFave 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: October 10, 1990 TO: Fred Moore, Public Works Director FROM: Helen LaFave, Communications Coordinator SUBJECT: CALLS ON CUSTOMER SERVICE LINE Ruth Gregory, 14811 Gleason Lake Drive, 475-2643, called the 24- hour Customer Service Line stating the Sailor published a list of plat numbers and lot numbers slated for assessments. She said the information was meaningless to her. She is concerned that her area may be scheduled for some type of special assessment and would like someone to call her back to inform her whether or not her area is slated for an assessment. Please respond to Ms. Gregory by October 17 and forward a copy of your response to me. HL:kec cc: James G. Willis, City Manager S.F. 10/10/90 T Nc.1c.': 1 C.0,11ta cx-%4 to.I Keo w:+1 Rv4k G •v. I 4SJe ISrht-.+ f••cetj Sit :S �cw po-.O�pe.*-v N.a.s i -e, 1-t -oLtSecS, 1 L4.- e.•t A f tecvL a h.ttcc IO -IL -90 Stif— CIM Ou 1 Q "1 THE LONGER VIEW Growth Management Good for the Town, Bad for the Nation? Benjamin Chinitz FE . IVE�D OCT 9 1990 CITY OF PLYMOUTH COMMUNITY DEVEWPMENT DEPT Reprinted by permission of the Journal of the American Planning Association, Vol. 56, Issue 1. Winter 1990. Chinitz, an urban economist, completed his doctoral work at Harvard in 1956. As professor, author, consul- tant, and public servant, he has focused his attention on the factors that produce growth or decline in urban areas and regions, and the role of public policy and local ini- tiatives in affecting these trends. In September 1987, Chinitz was appointed director of research at the Lincoln Institute of Land Policy in Cambridge, Massachusetts. In his classic economics text the Nobel laureate Paul Samuelson defined what he calls the "fallacy of com- position": the idea that what is good for one may not necessarily be good for all. His example is personal sav- ing. Although great for the individual, high rates of sav- ings are bad for society because, unless they take the form of real capital investment, they can lead to a reces- sion. Taking a leaf from Samuelson's book, I propose to ex- amine the applicability of the fallacy of composition to land policy, particularly to growth management. I see the issue as whether individual communities, as they im- plement land use regulations to protect the quality of their own environments in the face of growth, exacerbate or ameliorate the contemporary environmental concerns of the nation, or for that matter, the world as a whole. My presumption that community -level land policy has wide nonlocal ramifications derives from the fact that a number of important environmental concerns are land - use -related and are tied to growth. Thus, I would argue that local growth management programs are a mixed blessing. In some ways they assist in achieving national and global environmental goals and in other ways they detract from this mission. Growth and the Environment I define growth as the expansion of developed space. Its sources are typically increases in population and eco- nomic prosperity, which generate higher demands for housing, workplaces, service establishments, roads, and schools, and lead to the exploitation of land and natural resources. It is a mistake to define growth only in pop- ulation terms, although it might be hard to argue that in California and Florida. It must encompass growth in em- ployment and income as well. "Unmanaged" growth depletes the capacity of nature to support economic activity, a high standard of living, and life itself. This loss creates environmental stress. In a recent report, The Crucial Decade. The 1990s and the Global Environmental Challenge (1989), the World Re- sources Institute enumerated several growth -related problems: global warming, acid rain, deforestation, and the reduction of biodiversity. The institute viewed these concerns as having worldwide dimensions. It argued that these problems can be resolved only through interna- tional cooperation, and urged the Bush administration to exert leadership in this area. While the United States shares all these global con- cerns, it also has a broader national environmental agenda. Among the issues of concern are reduced air quality for a large fraction of the urban population, loss of valuable wetlands, poor water quality, the pollution of lakes and oceans, and the inadequate disposal of all kinds of hazardous wastes, including nuclear wastes. Clearly, land use patterns contribute to both global and national environmental losses. In fact, unmanaged growth has two manifestations. The first is USING THE APA JOURNAL 3 WINTER 1990 cim OCT 19 }90 BENJAMIN CHINITZ WRONG LAND. An example is appropriating wetlands for development. The second is USING LAND THE WRONG WAY. Urban sprawl that encourages auto- mobile use and results in an inappropriate pattern of de- velopment is illustrative. The major "villains" in the link between growth and environmental degradation are technological advances that encourage the burning of fossil fuels and behavioral attitudes that encourage the undisciplined use of the private automobile and the gen- eration of large volumes of solid and liquid waste. The Environmental `Problem' at the Local Level When I lie awake at night in Newton, Massachusetts (a Boston suburb that is experiencing further develop- ment in the absence of population growth) and worry about the security of my environment, all these global and national issues provide the backdrop for an agenda that is a lot more "local." I worry about potential de- velopment projects in town and I am afraid they will increase traffic on my street, affect my route to work, make parking even more difficult in the nearby shopping villages, and spoil the visual setting that I enjoy when I look out the window of my house or my car. I worry about my water supply, both its quantity and quality. I worry about the preservation of open space in the neigh- borhood and the rest of the town. I am concerned that all the suburban landscape that I treasure and that con- tributes to my sense of well-being will be irreparably damaged by the unmanaged growth I see around me. My list is perhaps shorter than the standard list in the expanding literature on growth management, which might also include such concerns as localized air pollu- tion, hazardous waste disposal, wetlands management, and water pollution. But then, I ask myself, who is in charge? Which governments that command my loyalty and my taxes can I trust to protect my treasured envi- ronment? Who Makes Land Policy? Land policy in the context of growth is public policy aimed at modifying "market" -driven land use choices in ways that would reduce the negative environmental con- sequences of growth. It can refer to local, state, and fed- eral jurisdictions. Many actors participate in making land use policy. For example, the federal government, which is the majority owner of land in our country, makes de- cisions on the disposition of such land. It decides whether to retain it in its natural form, develop it into national parks, or make it available for natural resource devel- opment. In addition, in recent decades the federal gov- ernment has dealt directly with such growth -related en- vironmental problems as air and water quality and the disposition of wastes. Although these activities do not explicitly involve land policy, they do involve procedures, such as the preparation of environmental impact state- ments (EIS), that might require a locality to alter its land policies to comply with federally promulgated air and water quality standards. A growing but still short list of state governments have developed legislation to help manage growth through land policy. Oregon and Florida were the pioneers in the 1970s. In the 1980s they have been joined by Maine, Vermont, Rhode Island, New Jersey, and most recently by Georgia. In Oregon and New Jersey the focus is on state planning to influence where growth occurs. In Flor- ida, particularly since new legislation was enacted in 1985, the emphasis has been on assuring that new de- velopment will occur concurrently with the provision of the needed infrastructure. Other states use carrots and sticks to encourage local comprehensive planning com- bined with regional review of proposed projects that have regional impact. At the local level, some towns, cities, counties, and regions have engaged in a flurry of growth management activity. In recent years, particularly but not exclusively in California, the November ballot has been crowded with referenda to somehow "limit" or "control" or "plan" for, or "charge" for, growth. From San Diego to Virginia Beach, hundreds, possibly thousands, of communities have introduced new systems of land use regulation under the banner of growth management. Some communities like Boulder, Colorado, have emphasized impact fees. Others, like Aspen, have focused on quotas. Virginia Beach and Montgomery County have resorted to transfers of development rights (TDRs) to restrict development to certain zones. Amherst, Massachusetts, has introduced open space zoning. However the locals go about the task of managing growth within their jurisdictions, their actions will affect which lands are developed and which are not, and the pattern of development that emerges. Which brings us back to the question: are local and state efforts to protect environmental assets in the course of growth consistent with national and global goals for the environment? Are locally determined land policies productive, counterpro- ductive, or neutral in this regard? Development versus Conservation: What Are the Costs? The most unambiguous role for local growth manage- ment land policy in preserving environmental assets in the face of pressures generated by population and eco- nomic growth is to confront hard choices between de- velopment and conservation. But can land policy aimed at preserving lands possessing high social values be pur- sued simultaneously at all levels of government in a rea- sonably consistent manner? At first blush, the answer would seem to be, Yes! We have national parks, state parks, and local parks. Cu- mulatively, that adds up to the preservation of a lot of open space. If Community A acts aggressively to protect its wetlands, it contributes to the national goal of pro- tecting wetlands. If the state of Florida succeeds in its efforts to "save" the Everglades, it will not complicate APA JOURNAL 4 WINTER 1990 C{ill QC%T 10, " 1 GROWTH MANAGEMENT Photograph by Sarah S. Lewis Chris Anderson, House in Search of a Site, 1989, oil, charcoal, pastel, graphite on paper, detail, 60" x 76". similar efforts in other areas of the country. In New England, where conservationists are intent on preserving the northern woods in Maine, Vermont, and New Hampshire, which are threatened by development, the use of public funds to acquire such properties is not mak- ing life more difficult for other regions of the country. Before we leap to the conclusion that local land con- servation efforts are almost necessarily additive rather than competitive or conflicting, we need to reckon with the implications of the free flow of people across juris- dictional boundaries. Open space in community A may be of value to residents in the adjoining community B. The collective "demand" for preserving the space would justify withholding it from development. But on its own, community A might favor development, for open space is costly to maintain and developed land yields tax in- come, which open space does not. And community B, the profiting neighbor, contributes nothing to support the conservation areas. Recognizing the interdependence of communities in land use decisions and the fact that communities may differ in their commitment to conservation qualifies but does not negate the conclusion that, insofar as local growth management efforts are aimed at land conser- vation, they can have a large measure of additivity. Land Use Patterns, Suburban Zoning, and Growth Management Local growth management programs often determine how, when, and for what purpose developed land should be used. Long before the term "growth management" became fashionable, localities had decided that land use decisions would not be left entirely to the marketplace, APA JOURNAL 5 WINTER 1990 CIM OCT 19'°0 BENJAMIN C14INITZ and developed a reasonably elaborate regulatory system: zoning ordinances, subdivision regulations, and building codes. Their rationale was that land markets do not work perfectly because developers might not necessarily take into account the costs or the benefits they might confer on others by their decisions concerning the precise use, density, design, and timing of the development. Thus, localities assumed that the public welfare could be pro- tected by public planning and regulation processes and implemented the appropriate measures. Before we consider this aspect of land policy in the context of growth management, we should ask whether good, old-fashioned local land use planning and regu- lation in the pursuit of the local public interest contribute to or complicate the resolution of national and global environmental concerns. The term "local" embraces a wide range of community sizes and types. It includes governments of large cities like New York and Los An- geles, as well as of small towns in rural areas, and sub- urban governments in metropolitan areas. For the pur- poses of this essay, I will address suburban land use plan- ning. In the 1950s and 1960s suburban land use planning came under attack as critics argued that current practices were self-serving at the expense of the national interest. The argument expressed in such books as Manmade America by Christopher Tunnard and Boris Pushkarev (1963) was that suburban land use regulation that en- couraged low density development and the rigorous sep- aration of different kinds of land use contributed to sprawl and discontinuous development. Pointing to the dramatic 44 consumption' of land per capita in the post-war period, Tunnard and Pushkarev and others maintained that land policy that maximized rather than minimized the diver- sion of land from other uses was bad. They argued that it raised the costs per capita of providing infrastructure and that it contributed to auto dependency. They asserted that, to put together a complete life of work and play, people "had" to travel a lot more than they did in the big, old, high-density city. They had to commute to their jobs; they had to drive to shopping centers, recreational and cultural opportunities, schools and churches, and relatives and friends. Furthermore, these critics charged, mass transportation modes could not function efficiently and profitably in low density areas. Critics of sprawl resented national and state policies and programs that favored single family homeownership and thus tipped the scales in favor of suburban sprawl. They also objected to the aggressive support and subsi- dization of the construction of highways so essential to the mobility of the auto -dependent suburbanites. In effect, they criticized the then -current view of the national in- terest as defined by these programs. They sought to re- direct public attitudes to a deeper appreciation of the nation's environmental assets. Until the advent of the energy crisis and the "nation- alization" of clean air as a social goal in the seventies, the critics of sprawl were clearly on the defensive. Per- ceived as harboring elitist conceptions of urban design, they failed to appreciate the dominant view that subur- banization reflected consumer choice in the marketplace and public choice in local land use policy. To the extent that federal housing and transportation programs subsi- dized such growth, it could also be argued that the people were using legitimate democratic processes to advance their goals. But the energy crisis and the growing concern over air pollution in the early 1970s contributed to a change in public opinion. Now, land policy that encouraged auto dependency threatened the nation's independence in the conduct of foreign policy and endangered the health of a large number of its citizens. And, of course, the high price of oil and the lines at the gasoline station also were cause for reconsideration of the contemporary land use practices that had engendered the suburban sprawl life style. From a planning point of view, a more important mile- stone in the change in public attitude towards sprawl occurred in 1975, with'the publication of The Costs of Sprawl, a study conducted by the Real Estate Research Corporation for a triad of federal sponsors: the U.S. Council on Environmental Quality, the Department of Housing and Urban Development, and the Environmental Protection Agency. This study of four hypothetical com- munities, ranging in density from very high to very low, concluded that high density conferred significant econ- omies in energy consumption. Such economies resulted from two sources: less automobile travel and more ef- fective insulation of housing units. This study was ex- ceedingly important because it established a basic intel- lectual framework for ten years of planning and public policy thinking. Enter Growth Management Differing in theory and practice from suburban large - lot zoning, growth management regulates the rate and timing of growth. It also involves developers in the fi- nancing of infrastructure. And, in contrast to zoning, which is passive and static, growth management is active and dynamic. While zoning defines the desired fully built town, the ultimate equilibrium, growth management seeks to maintain an ongoing equilibrium between de- velopment and conservation, between various forms of development and the concurrent provision of infrastruc- ture, between the demands for public services generated by growth and the supply of revenues to finance those demands, and between progress and equity. The question remains. How will the use of locally based growth management techniques aimed at the simulta- neous pursuit of these equilibria affect patterns of de- velopment, and will these effects be productive or coun- terproductive in terms of national and global environ- mental concerns? As with traditional large lot zoning, the key issue is whether growth management will en- courage urban sprawl and thereby increase automobile usage, which will contribute to the problem of pollution APA JOURNAL 6 WINTER 1990 CSM OCT 19 ,90 GROWTH MANAGEMENT with its adverse health and global warming conse- quences. Growth Management and Urban Sprawl The answer to this question is not clear. Some re- searchers, represented by economist William Fischel (1989), argue that: Oland use controls, especially overall growth con- trol programs, are important constraints on the land market.... Inefficiently restrictive growth con- trols probably cause metropolitan areas to be too spread out.... Nocal ordinances cause devel- opers to go to other communities. The most likely alternative sites are in exurban and rural commu- nities, where the political climate, at least initially, is more favorable to development.... Dispersion of residences and jobs promotes more automobile travel and longer trips, creating more congestion and pollution. Others, such as transportation analyst Alan Altshuler (1977), professor of public policy at the Kennedy School, Harvard University, had earlier raised serious questions about the base study of all these allegations, The Costs of Sprawl, noting that the difference in estimated mileage of auto travel between high and low density communities has been frequently grossly exaggerated and so therefore have the estimated costs of low density in terms of energy savings and reduced emissions. But setting aside the validity of the conclusions of the Costs of Sprawl, we must recognize that we face a dif- ferent situation today from the one we confronted a de- cade or two ago. The traditional view of the suburbs as primarily residential (i.e., having more workers than jobs) is no longer valid. In the six largest metropolitan areas in the Northeast, the suburbs accounted for 55 percent of the population in 1984 and for 57 percent of employ- ment in the four major sectors—manufacturing, retail, wholesale, and selected services. In the six largest met- ropolitan areas in the South and West, suburban resi- dential share still exceeded suburban job share, but the excess had shrunk from 16 percent in 1950 to 9 percent in 1982-1984 (Heilbrun 1987). The traditional view was based on the belief that workers traveled from their homes to central cities. Today we know that 62 percent of all workers have intra -suburban commutes. Thus, the assumption that sprawl leads to greater commuting in- stances may not be as accurate as it used to be. In a recent study, "Congestion, Changing Metropolitan Structure, and City Size in the United States," economists Peter Gordon, Ajay Kumar, and Harry W. Richardson (1989) shed new light on this issue. They survey ten major metropolitan areas and conclude "that relocation and other spatial structure adjustments by households and firms have avoided severe traffic diseconomies in large metropolitan areas." Granted that the average resident of Manhattan drives fewer miles than the average resident of Long Island, it is still not obvious that the average resident of Suffolk County, the outer county of Long Is- land, drives that many more miles than the average res- ident in Nassau, the inner county. Thus, even if suburban growth controls "bump" development outward, it does not follow that average commuting distances will be in- creased and that average miles driven will be increased. But additional studies challenge another important as- sumption of the anti -sprawl critics who equate dispersion with low density development. Real estate analyst Rich- ard B. Peiser (1989) drew on evidence from Dallas, Texas, Montgomery County in Maryland, and Fairfax County in Virginia to argue in his article "Density and Urban Sprawl" that "a freely functioning urban land market with discontinous patterns of development inherently promotes higher density of development ... by later infill." He concludes that, "if higher densities closer to the CBD are desired, then cities should avoid policies which require sequential development." Peiser's findings show that, when a community says to a developer, "Go away," the developer is just as likely to move to the built-up area of the metropolitan region as to the periphery. The density of that development is just as likely to be greater in the new location than it might have been in the original chosen location. Fur- thermore, given the substantial decentralization of em- ployment, it does not follow that new housing develop- ments on the periphery will lead to higher average com- muting distances. Growth Management: Pro and Con On the basis of the arguments and the evidence ad- dressed above, it is hard to apply the "fallacy of com- position" to local growth management efforts. These ef- forts may not contribute to the "solution" of national and global environmental concerns, but they do not contrib- ute to the problem. Land use patterns that result from local growth management programs are not likely to be counterproductive from the perspective of normal and global environmental goals. Local efforts to conserve lands that are crucial to the preservation of the environment are more likely to be complementary than competitive with similar efforts at the normal and global level. The direct line that some people have drawn from growth management through urban sprawl to greater automobile usage and its adverse consequences for the environment is fraught with fallacy. It is based on the logic of an earlier period in the post - World War II history of metropolitan growth, a logic that was seen to be fallacious even then by some observers and is definitely seen as so now. I don't, however, worship unquestioningly at the altar of local growth management. Clearly, growth manage- ment has drawbacks. For example, Fischel's research re- view proves rather conclusively that local growth con- trols tend to increase housing prices, in part because of constraints on supply and in part because of the added APA JOURNAL 7 WINTER 1990 Cm OCT 19 ,90 BENJAMIN CHINITZ "amenity" value. Neighborhoods that are effectively protected by growth management are more desirable places to live. Regional planners focus on the impossi- bility of reconciling supply of and demand for infrastruc- ture without "regional" as opposed to local planning. But these important reasons for being critical of local growth management do not extend to environmental concerns. On the whole, growth management policies merit continued development, monitoring, and evaluation to further refine their beneficial qualities. REFERENCES Altshuler, Alan. 1977. Review of The Costs of Sprawl. Journal of the American Planning Association 43, 2: 207-209. Fischel, William A. 1989. Do Growth Controls Matter? A Review of Empirical Evidence on the Effectiveness and Efficiency of Local Government and Land Use Regulation. Unpublished paper prepared for the Lin- coln Institute of Land Policy. Gordon, Peter, Ajay Kumar, and Harry W. Richardson. 1989. Congestion, Changing Metropolitan Structure, and City Size in the United States. International Re- gional Science Review 12, 1: 45-56. Heilbrun, James. 1987. Urban Economics and Public Policy, 3d ed. New York: St. Martin's Press. Peiser, Richard B. 1989. Density and Urban Sprawl. Land Economics 65, 3: 193-204. Real Estate Research Corporation. 1975. The Costs of Sprawl. Washington, D.C.: Real Estate Research Cor- poration. Tunnard, Christopher, and Boris Pushkarev. 1963. Man - Made America: Chaos or Control? New Haven, CT: Yale University Press. World Resources Institute. 1989. The Crucial Decade: The 1990s and the Global Environmental Challenge. Washington, D.C.: World Resources Institute. APA JOURNAL 8 WINTER 1990 CIM OCT 19 ,90 ..tewr�4/.z�eiou i,I� • �� i CIM OCT 19 TO, 0 F -A c«r OCT 19,90. October 18, 1990 CIN OF PLYMOUTFF Dr. Arthur Bruning Superintendent Hopkins School District No. 270 Administrative Offices 1001 Highway 7 Hopkins, MIR 55343 Dear Dr. Bruning: Plymouth is seeking to encourage the Hennepin County Board of Commissioners to approve the construction of a community library in Plymouth . As you may know, Plymouth is the only community of any size within Hennepin County that does not currently have a community library. Our City Council would appreciate your board communicating with Hennepin County Commissioners, encouraging them to support the construction of a community library in Plymouth in 1991. To facilitate your understanding of the City's interest and position with respect to this matter, I am enclosing some background material dealing with this topic. Libraries are an essential part of a any well-informed community. We believe that a community library will serve to provide our citizens with greater access to information which will enrich their lives and broaden their perspectives. Thank you in advance for your district's interest and support for a Plymouth community library. Yours truly, es G. Willis C ty Manager JW:kec cc: Mayor & City Council CSM OCT 19'90 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 October 18, 1990 CITY OF PLYMOUTR Dr. David R. Landswerk Superintendent Wayzata School District No. 284 210 County Road 101 N. P.O. Box 660 Wayzata, MN 55391 Dear D° Plymouth is seeking to encourage the Hennepin County Board of Commissioners to approve the construction of a community library in Plymouth . As you may know, Plymouth is the only community of any size within Hennepin County that does not currently have a community library. Our City Council would appreciate your board communicating with Hennepin County Commissioners, encouraging them to support the construction of a community library in Plymouth in 1991. To facilitate your understanding of the City's interest and position with respect to this matter, I am enclosing some background material dealing with this topic. Libraries are an essential part of a any well-informed community. We believe that a community library will serve to provide our citizens with greater access to information which will enrich their lives and broaden their perspectives. Thank you in advance for your district's interest and support for a Plymouth community library. Yours truly, es G. Willis Ci Manager JW:kec cc: Mayor & City Council elm OCT 19 'q9 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 October 18, 1990 Dr. Marl Ramsey Superintendent Osseo School District No. 279 Educational Service Center 11200 93rd Ave. N. Maple Grove, MN 55369 Dear Dr. Ramsey: CIN OF PLYMOUTFF Plymouth is seeking to encourage the Hennepin County Board of Commissioners to approve the construction of a community library in Plymouth . As you may know, Plymouth is the only community of any size within Hennepin County that does not currently have a community library. Our City Council would appreciate your board communicating with Hennepin County Commissioners, encouraging them to support the construction of a community library in Plymouth in 1991. To facilitate your understanding of the City's interest and position with respect to this matter, I am enclosing some background material dealing with this topic. Libraries are an essential part of a any well-informed community. We believe that a community library will serve to provide our citizens with greater access to information which will enrich their lives and broaden their perspectives. Thank you in advance for your district's interest and support for a Plymouth community library. Yours truly, U------ ]`-� _%_15 ---- James G. Willis Ci Manager JW:kec cc: Mayor & City Council cly, OCT I y -. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 October 16, 1990 C11Y OF PLYMOUTR Mr. David J. Lenhardt Foster, Waldeck, Lind & Gries, Ltd. 2300 Lincoln Center 333 South 7th Street Minneapolis, MN 55402 SUBJECT: CITY OF PLYMOUTH/LDK BUILDERS Dear Mr. Lenhardt: I have received your September 21, 1990 letter concerning what you believed to be improper statements during the August 20, 1990 City Council meeting when the Kings North drainage problems were discussed. I believe that LDK's primary concern regarding this matter is that they were not aware of the meeting and therefore, were not present to give their side of the case. To the extent that LDK believes that there was erroneous information given at the City Council meeting, and that your client was not able to provide input at the time, I apologize. The City Council has, however, subsequently provided LDK with an opportunity to address the Council on this issue. The Kings North drainage matter has now been resolved. I appreciate the willingness of LDK to participate in the discussions that ultimately resulted in a solution by which the developer agreed to pay for all the costs associated with the work to be done on the individual lots. The City Council looks forward to working with LDK, along with other builders in the City, in a cooperative effort to prevent issues such as these from arising. Sincerely, Kim M. Bergman Mayor KB:kec 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 c!mr CCT 19'90 rrinT October 17, 1990 PLYMOUTR Dear Resident: The City's Comprehensive Park and Trail Plan shows the extension of trail from Parkers Lake Park and Juneau Lane east to Fernbrook Lane. The north -south trail along Fernbrook Lane will eventually be extended south to intersect with the Luce Line trail. Recently, the City Engineering Department asked the Council for direction on whether or not they should proceed with the construction of this trail, or look at an alternative alignment of routing people down Juneau Lane, across 15th Avenue and back up to County Road 6. The Council deferred this matter to the Park and Recreation Advisory Commission to hold a public information meeting, to allow you the opportunity to provide input on this matter. This item has been placed on the October 25 Park and Recreation Advisory Commission agenda. The meeting will start at 7:30 p.m. in the City Council Chambers. Anyone wishing to comment on this subject should appear in person before the Commission, or send a letter to the Commission, care of City Hall. If you have any questions regarding this subject, I can be reached at 550- 5131. Sincerely, Eric J. Blank Director of Parks and Recreation EJB/np enclosure cc: City Manager 3400 Plymouth Boulevard, Plymouth, Minnesota 55447 2 SEC. 29 r. f If 9 ff. 22 t3 � •4P GOVT LOT 2 • t f:' 77Y r9 K: e r fl++ •s A r , � (wl W r f ,rl3 i � Y D : �l •]I j • It�t :1 111 Ili 116 f w.7•. f t •c • r •_,S r } Y7 Yl z •f 11 IIlr r � "'�-..i•.: UO I )w A9E . • l , r X47 �, . r s �.,.z �.r _ � � ��L,�ay� . - / . �� � �� • � l I � 1111 ^ r SI •1) � •77 �(� ,,;�, ly1 �•f J•� n n �n• 7i � '• �� nay (• IYI .� 1 f u +1A7 ' lu v � ! ,,. \ rsnlS: ^- 1!• .• // } e ,� +) �Z l]) ^A7�^ w I•I lul r`: r, r ISSI'YI / (YI �•ni, r e 19 • • Y •� 191 tN) • r f ])r el � •)1 r _ ���. 701 ^ a r � � ,e. ft) 11) .� 7. 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IY)•; 1591 i ��� • w` •^`•21r 1 ♦� 1"1 f • t AVE N t l III 141 • 3p� I (71 v �i7 I.7; a IT1 2 r]' (71 Ilia` I 6<; Y"r - • 'Y r _W s (77) .Irl ►iR Rf LRE V49 •. . f _ i.q `. . 03) 6> .' • 'v ar n _ :� r+r�t .� ,(!All{i t z � /Y, N ..J. .Y s t I 1, t(Yl' ..T-•f�7Ti'!T •• � , •.1Mr 1 1 IS' t� n. f. ,. 1a w • rf •• ¢ �. 1711 I, { i l•sl� } Iy1 1]5) d•. acomw "k" . r N75 A Ks I •' • f T 4 - rf t •,+ wnarr GOVT LOT I GOVT LOT I - - - - - - - STORM SEINER DISTRICT SC.' .�AAY 6fEt: •C �1 •.F I - - - - SC•IJG: D!S'RICT gp,'r•DAPY DEF. 'A'ER54D DISTRICT BOj,!, DEP •9 •• • INCRE%f%' 9i,�.. °T AND Vim OCT CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: October 18, 1990 TO: Eric Blank, Director of Park and Recreation FROM: James G. Willis, City Manager SUBJECT: NORMA LEWIS PROPERTY - 2047 F RESTVIEW LANE The City Council approved the acquisition of this property Monday evening. The funding from this will come from Park Dedication Fund. The Council also requested that the Fire Department be given the opportunity to determine whether or not the structures could be burned for fire training purposes. You should expect to hear from Lyle Robinson about that shortly. Please proceed as promptly as possible to complete the acquisition of this property. I would appreciate being kept appraised of the status of our acquisition and the timetable for our being able to obtain fee title to it. JW:kec \3A clan OCT 19'90 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: October 18, 1990 TO: Eric Blank, Director of Parkd Recreation FROM: James G. Willis, City Manager 7 SUBJECT: CRAIG SCHERBER'S OFFER TO SE M FOR FUTURE COMMUNITY PARK Monday evening the City Council received and reviewed a copy of the attached memorandum. The Council directed that this matter be referred to the Park and Recreation Advisory Commission for their consideration and recommendation. While I do not believe the Council majority would disagree with my conclusion with respect to this matter, I believe as a matter of process, the Council believes that PRAC should review the matter as well. JW:kec cpm OCT 19'90 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: October 4, 1990 for City Council Meeting of October 15, 1990 TO: Mayor and City Council IROM: James G. Willis, City Manager SUBJECT: DEVELOPER'S OFFER TO SELL LAND FOR FUTURE COMMUNITY PLAYFIELD PARK 1. ACTION REQUESTED: Consider the request of Craig Scherber to sell 87 acres of land to the City of Plymouth at a total cost of $21368,500 for park purposes. 2. BACKGROUND: Craig Scherber has acquired an interest in an 87 acre parcel which he proposed to develop as a PUD to be known as "Stone Creek." The City Council considered and denied this concept plan its meeting of September 22. Mr. Scherber has indicated his willingness to sell this parcel to the City for a community playfield site. He is aware that the City Council previously considered the possibility of acquiring a 50 acre parcel from U.S. Homes at the intersection of Dunkirk Lane and County Road 9. Eric Blank and I have previously discussed the suitability of Mr. Scherber's site for a community playfield. Based upon our future need for community playfields, we hope to find a site which is relatively free of undevelopable land. The Scherber parcel contains a good deal of land which is at or below the 100 year storm drainage requirements (see attached map). Based on this consideration, along with the Council's previous action on the U.S. Homes parcel, we informed Mr. Scherber that we did not believe the City would be interested in acquiring this property. Mr. Scherber has requested that the Council have an opportunity to consider his request. CIM Q^T 1010 �- %3 DEVELOPER'S OFFER TO SELL LAND FOR FUTURE COMMUNITY PLAYFIELD PARK October 4, 1990 for City Council Meeting of October 15, 1990 Page 2 Mr. Scherber has noted that the 87 acre site could provide sufficient land for both a community playfield site, as well as a junior high school for the Wayzata School District. The Council will recall that the school district has a committee looking at its future school needs. We have explored with the school district the possibility of having both a community playfield and a junior high school constructed on the U.S. Homes property. If that were done, the total acreage for both facilities could be reduced by virtue of the fact that there would be some sharing of common facilities, e.g., parking. The Scherber site might provide the same opportunities, depending on how the site could be laid out for a junior high, as well as a community playfield. JW:kec CIN, OC -1 19'90 yam--' "a • �,. ' ��•�' �— �y�GNI-I•',.� '� � / ,L _L _ _ � � ..-..—... �•s_ ?1Qs '� 1 ,: `,,, ��``T . � ��_--=fir= _'fir =��� ; ••% , �____ _�-- _ N t . • ��MON- ' �, 'tel`—• `` T Y — —? _ / ! ''� 1 • � Jai •`y � �•-H ;� '�'!�. �' � i L/"� a.j� �!i! lis �` ~ ', - `'•.-.- �• ', �,��. / \ i , .!, , Ill's .rte ��. � ` � ; � �, � \ �� .�'� ♦ ,x-� "�•. � � j r� f . i `\�^ _ ! _•"`mss-� ° i •�� r ' t '•-`......�• . •�"-" '/� � .� wens _ �r. \ � . ,; /� ,, --_ �, ' i I , PROTECTED WETLAND - —'_' MIfiTLNfaD �� �� �� r��w�wfw•�.���rw+�•wfr ft1000 K/..n._.•.•�....� w •+ w w/wM +�+ wnw"• �, c� 440' �•wwe�ra•rwa•w w�wvwwwofw wwfw� w rrw fug .w► •w+ wa ra w _�.�....._................................. C.6 of O t �our�Cs 8401 73rd Avenue N., Brooklyn Park, Minnesota 55428 (612) 535-8937 MEMORANDUM C� C� Q Date: July 26, 1990 27 00 From: Tom Loucks CITY OF TL.YI OUTH agNtNA 0�. To: Charles E. Dillerud Subj: Draft Memorandum - Revised Stone Creek Concept P.U.D. mss' - - INTRODUCTION Stone Creek is a 87.76 -acre planned unit development consisting of 70 single-family homes, and 68 attached twin homes, and 7.58 acres of the tract will be dedicated to the public for neighborhood park and trails. Craig Scherber is the principal developer of Stone Creek. Mr. Scherber has over ten years of successful building and development experience. Current developments located within the City of Plymouth include Kings North, Pine Meadows of Bass Lake, The Meadows of Bass Lake and Swan Lake West. These developments consist of lots that contain upscale housing that range in price from $175,000 to $400,000. LAND OWNERSHIP Mr. Craig Scherber is a contract for deed purchaser from property fee owner Quentin Stromseth. SIT The site is a 87.76 -acre tract of land bounded by Medina Road on the north, County Road 1101 on the west and County Road #24 on the south. SITE ANALYSIS A physical inventory of the site was undertaken in order to determine any development constraints, as well as to delineate prime developable land. The current land use for the site consists of preserved wetlands, undeveloped, and agriculture. 1 CIM OCT 19 ,90 Community Planning * Site Design • Economic Development • Market Research Tonographv - Existing topography is gently rolling, interspersed with wetland depressions. There is no instance where grades exceed 12%. Soils - The predominant soils contained within the site consist of Cordova, Hamel, Hayden and Hessel which are clay and clay loams that are suitable for structural and infrastucture development. Dundas and Glencoe are silty soils that exhibit poor development qualities. They are generally found in areas of wetland depressions. Vegetation - The site contains minor stands of over story trees.and aquatic vegetation in wetland depression areas. The majority of the land within the site has been under intensive agricultural use. Wetlands - Wetlands cover approximately 11.58 acres of the site. They are proposed to be part of the City's stormwater retention system and are being maintained as an integral part of the development. ON N The current zoning on the site if FRD (Future Residential Development). The proposed use of the site is as follows: 1. Southern 52.88 acres - L.A.-1 (Low Density Residential). 2. Northern 27.3 acres - L.A.-2 (Low Medium Density Residential). Development Staae - The entire site is within the Metropolitan Urban Service Area (M.U.S.A •) Boundary. In addition, the site is within the City's 1990 Staged Growth Area. At the present time, the City has authorized trunk sewer and water main extension to serve this site. PROPOSAL gonceot Plan - The plan for Stone Creek proposes the construction of: 1. 70 single-family detached homes. 2. 34 attached twin home ( 68 units) . 2 am OCT i '� ism •t°"` CREEK CONCEPTUAL ......_. WM PLM Cim OCT 19 'ol w t z z O m W V ' 0 V O p► w V p � mmD m MM rc w ism •t°"` CREEK CONCEPTUAL ......_. WM PLM Cim OCT 19 'ol w O r � O m W V ' W V O p► w mmD m MM wco ism •t°"` CREEK CONCEPTUAL ......_. WM PLM Cim OCT 19 'ol October 16, 1990 CITY OF Linda Powell, Superintendent PLYMOUTR School District 281 4148 Winnetka Avenue North New Hope, MN 55428 Dear Linda: As you know, I have served as Co -Chair of the District 281 Just for Kids Program this past year. I believe that these types of appointments should be moved around to various community representatives for maximum input and feel it's time that another Co -Chair be appointed for the coming year to work with Mayor Robb. I would suggest appointment of another community representative, such as Mayor Mary Anderson of Golden Valley, Mayor Betty Herbes of Crystal, or Mayor Ed Erickson of New Hope, or a Councilmember from one of these communities. I very much enjoyed working with Mayor Robb this past year. I will continue as the Plymouth Council representative to the District 281 Governmental Affairs Committee and the District 281 School Board until January 1 when the Council appoints one of our five members to each of the four school districts in Plymouth. I hope to be reappointed. As the only Plymouth City Councilmember who lives in District 281, I really appreciated our joint meeting with the 281 School Board recently. I believe it was one of the first meetings of its kind in our community. We have scheduled similar joint meetings with School Districts 284 and 279 yet this year. These districts are also very important to me. I have enjoyed serving as the Co -Chair of Program. I will continue to be a staunch 281, as I have been for many years! Sincerely, O Bob Zitur Councilmember cc: Mayor and City Council Members District 281 School Board Members the Just for Kids supporter of District cim OCT 19 '90 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 CIN OF PLYMOUTH October 11, 1990 Mr. John Sandberg JRS Enterprises Inc. 5415 State Highway 169 Plymouth, MN 55442 Dear John: Thank you for your letter of October 5, 1990. As discussed, upon completion of the construction, our office will be prepared to issue a temporary certificate of occupancy contingent upon receipt of written verification from the Pollution Control Agency of an inspection performed by their office of the test cell with an engine running to insure appropriate standards have been met. It is my understanding that you intend to have the construction of the test cell completed by the end of October, with an inspection performed by the MPCA shortly thereafter. Please contact me once you have confirmed a scheduled date with the MPCA's office. Thank you for your cooperation and assistance in this matter. Sincerely, Joe Ry Building Official cc: File b>bu/jr/sandbergl:cs CIM OCT 19'90 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 LEI JRS ENTERPRISES, INC. 5475 NORTH COUNTY ROAD 18, MINNEAPOLIS, MINNESOTA 55442 October 5, 1990 Mr. Joe Ryan City of Plymouth 3400 Plymouth Blvd Plymouth, Minnesota 55447 Dear Joe; L OCT • 6121559-9457 With reference to our telecon of October 4, 1990. The test cell should be ready for us to use by the end of October. I do not see any more delays at this time. As we discussed, the landscaping and some other minor work will not be completed until next year due to the soil conditions and the fact that all of the fill needs to settle before we sod. The structure will be useable, however, and we intend to start using it as soon as you inspect and approve it. Stop and see us anytime. Sincerely, /GJohn R. Sandbe JRS/jmsb CIM OCT 19 '90 STEVEN M.TALLEN Attorney at Law Direct Dial (612) 337-9231 October 11, 1990 Mr. James Willis City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 HOLMES & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55102 Telephone(612)337-9300 Facsimile (612) 337-9310 Re: Proposed Change in Minnesota Rules of Criminal Procedure Dear Jim: OCT 12 InCITY This letter is to update you on the status of the proposed rule change regarding Omnibus Hearings. The Minnesota Supreme Court Advisory Committee on the Rules of Criminal Procedure met on October 6th and 7th and decided to re- examine this issue. The Advisory Committee has scheduled another meeting for October 20, 1990. I expect that there will be a recommendation coming out of the Committee at that time. Obviously it is too early to make any definite statements, however, from what I know at this time, I am optimistic that the issue will be handled in such a manner that our earlier fears of total disruption of the system will prove to be unfounded. I will keep you informed as further information becomes available. Sincerely, Steven M. Tallen Assistant City Attorney City of Plymouth SMT:tas CIM OCT 19 `:'NQ RoBBINSDALE R M ST RO N G High School 10635 36th Avenue North Plymouth, Minnesota 55441 546-3266 Administration Dick Stensrud Judith Maethner 0 Ron Main Merle Solie October 9, 1990 9 la w. Mr. Jim Willis, City Manager City of Plymouth 3400 Plymouth Boulevard OCT 121990 Yvl Plymouth, MN 55447 CITY OF PLYN".;NF 1I Dear Mr. Willis: f At the September meeting of the Armstrong Parent Association, a discussion occ concerning implementation of the recommendations of the District 281 Drug Task Force. One of the recommendations was the need for a full-time, licensed police liaison officer in Armstrong High School. At present there is no one to assume the responsibilities of a police liaison officer. The parents were very concerned that Armstrong was without an officer, especially when informed of the critical needs which could be addressed by a liaison officer. In regard to this particular concern, we, the Armstrong Parent Association, strongly urge that the City of Plymouth join with the other six communities represented at Armstrong High School to support the funding of a police liaison officer to work full time at Armstrong. There are many critical issues in the west suburban communities, and we realize that funding is a critical issue. On the other hand, we feel the safety of our children in a large school such as Armstrong is also critical. Thank you for your time in addressing this issue. We look forward to your response. Sincerely, Donna Waataja, President Armstrong Parent Association rI".9 orcT 19'so October 7, 1990 To: Mayor Kim M. Bergman and Councilmembers Helliwell Ricker Vasiliou Zitur We the undersigned are 9Yifto4T' the pmposed road that is known as Schmidt Lake Road, that will coruiect Fernbrook Avenue and loop to the Northwest of Plymouth. Areas of Concerns are: - Loss of quality of life. - Loss of trees. - Loss of wild life. - Destruction of the wet lands. We request that you and the city council members visit the proposed track of land in question and discuss these issues with us. J- jo cIA4 OCT l �a )001 43 )001 • •• ._ ) ) ) 1.) ) ) a )•OI OIL cIA4 OCT l �a E L � NAmE j Aaoxec-.c. --- —L-; 13.E 76PNoN6' N*40 r 48 �5 Awc A ZI V Dpi ��fy��� r21S ��a�aCQ,e� � •i�SS" y�lro JW CA 04AJ 6Va AWO,,�o4,v re - Y- j olAl 1Y ,olr+j oo uZa forvitt as�5r14fu 9 fm N I0/7L,v S . Fl�o�c.c �► w 4Q �(-Bl � �-fwr�� LfI•�c /J 45 -yo t, �d i�� . 7� 4,; -ec, ,, Ww,)� q 7 a S-�"r++� CArjE- 10.7 3a Z� a ss3- za69 SSs7- / ( ii asci `► CIM OCT 1 ' � 6-t t . 8,'q v - - Fro wn : Ca` _ .•• O to . ; 204 -- - - C.. 4 , • • . ce Se O c • • t - dot s.. -_ _____...__ .__ _�_ �� �c'.�-cam _�.�-�, z, --'-�✓--���/�,u��-� �. 4*11 '14 ------- - I`�� � -- -- - -/j=am-�-�-�� --- -- -� :--�-►�=- �� ----- --- C ®� , - • • --- -- --- --- -- C (; • r51J C(: !•1 C_ • •_• Cim OCT 19 '90 i V3Y- - - j ce -06 004 :AAA �_ ®• ---- --- __ --------- 3,.a- - - - - --� - c_ ®: 5 - CIM OCT 19'90 so c: • 4 )0 Gt; -)•4 c. • • • CIM OCT 19'90 October 17, 1990 CIN OF PLYMOUTR Ms. Carole Rydberg 3225 Wellington Lane Plymouth, MN 55441 Dear Ms. Rydberg: Thank you for your letter regarding the senior citizen's utility discount. Your letter is being shared with all members of the City Council, who established the current discount for our seniors. I appreciate your interest in this matter, and particularly your concern with respect to the "need" aspect. In adopting the discount, the City Council recognized that there may be some seniors who may be better able to pay the existing rates than others. Without an elaborate system of verifying income, it would not be possible to develop a system which could be more clearly related to "need" for all citizens. That option, in my view, would involve more costs to all system users than would be saved by those deemed to quality. Thank you for sharing your concerns and observations with us. Your letter reminds us of how carefully we must seek to weigh our efforts to serve all citizens. Yours truly, es G. Willis Ci y Manager JW:kec cc: Mayor & City Council Dale Hahn, Finance Director CIM OCT !'I "j 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 PAUL D. BAERTSCHI Attorney at Law Direct Dial (612) 337=9230 October 9, 1990 Mr. Richard Carlquist Public Safety Director Plymouth Police Department 3400 Plymouth Boulevard Plymouth, MN 55447 RE: State v. Kevin L. Karkhof f Report No. 90-66120 Dear Chief Carlquist: Hamm & GRAvEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 (612)337-9300 This is to inform you that the above bias crime prosecution was just successfully concluded by our office. Mr. Karkhoff was charged with gross misdemeanor assault for assaulting another because of a person's perceived race. Mr. Karkhoff had made threatening statements to the girlfriend of a black individual, threatening to kill the black individual and the victim. We believe this is the first bias crime prosecution that we have had in the City of Plymouth. Mr. Karkhoff plead guilty on October 4, 1990 to the gross misdemeanor charge and was sentenced to 120 days in jail with 110 days stayed on conditions including no contact and no same or similar offenses. The bias crime law is discussed on page 7 of the 1989 Minnesota Police Briefs legislative summary. We are prepared to vigorously prosecute these crimes, and hope that your officers are aware and alert as to the types of offenses that we can enhance based upon a provable bias under these statutes. Sincerely, HOLMES & GRAVEN Paul D. Baertschi Assistant Plymouth City Attorney PDB/cm CIM OCT 19'90 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: October 18, 1990 TO: James G. Willis, City Manager FROM: Bob Zitur, Councilmember SUBJECT: General Obligation Debt Please have our Finance Director provide the Financial Task Force for their opinion on our General Obligation Debt. cc: Mayor and City Council CIM OCT 19'90 October 18, 1990 Bob Long, Councilmember City of St. Paul Office of the City Council City Hall - 7th Floor St. Paul, MN 55102 Dear Bob: CIN OF PLYMOUTI+ Enclosed is a copy of our City's resolution, expressing interest in joining the Environmental Cities Coalition. Our City Council shares an obvious concern about our environment, along with other community leaders. We will be pleased to work with you and others to seek ways of addressing environmental issues which are important to us all. For purposes of your mailing list, please note that the following will be City of Plymouth contact persons: 1. Councilmember Maria Vasiliou 3400 Plymouth Boulevard Plymouth, MN 55447 Phone: 550-5068 2. James G. Willis City Manager 3400 Plymouth Boulevard Plymouth, MN 55447 Phone: 550-5011 We would appreciate being placed on your mailing list and receiving copies of any reports or draft documents which are currently being circulated to members of the coalition. I plan on joining you at your meeting of Thursday, October 25 at 4 p.m. I have another commitment at 5 p.m. I will be able to only join you for a brief. period. However, I would like to get our participation as soon as possible. Yours truly, s G. Willis Cit Manager JW:kec cc: Mayor & City Council CIM or 19190 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was held on the 15th day of October , 192Q. The following members were present: Mayor Bergman, Councilmembers Helliwell, Ricker, Vasiliou, and Zitur The following members were absent: Non Councilmember Vasiliou introduced the following Resolution and moved its adoption: RESOLUTION NO. 90-701 AUTHORIZING PLYMOUTH TO JOIN THE ENVIRONMENTAL CITIES COALITION WHEREAS, the City of Plymouth recognizes its role in protecting and preserving the environment of those people living and working within the City; and WHEREAS, the City recognizes that there is a need for governmental bodies to work cooperatively on many of the environmental problems facing them; and WHEREAS, the City understands that there is a need for uniform environmental standards and regulations throughout the state; and WHEREAS, the City believes that one way to obtain this type of uniform regulation is to work closely with other cities in such a way as to coordinate the environmental legislation passed in these cities; and WHEREAS, the City also believes that this type of inter -city cooperation may act to stimulate state environmental legislation dealing with the topics addressed by the cities and in a form acceptable to the cities. NOW, THEREFORE, BE IT HEREBY RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, authorizes the City to join the Environmental Cities Coalition to participate in its decision making processes, and to share information with other members; and RESOLVED FURTHER, that the City Council understands that, although the decisions of the Environmental Cities Coalition are not binding to the City, the City has a commitment to participate actively in the activities of the group to the fullest extent possible. The motion for adoption of the foregoing Resolution was duly seconded by Counci member Zitur, and upon vote being taken thereon, the following voted in favor thereof: Mayor Bergman, Councilmembers Helliwell, Ricker, Vasiliou, and Zitur The following voted against or abstained: None Whereupon the Resolution was declared duly passed and adopted. CIM OCT 19'90 October 18, 1990 Mr. Daniel Bernier Assured Security, Inc. 2650 Norwood Lane Plymouth, MN 55441 Dear Mr. Bernier: CIN OF PLYMOUTFF Thank you for your letter of October 8 addressed to Mayor Bergman. The Mayor has shared your letter with all members of the City Council in order that they might be aware of your views on this matter. We appreciate that the public service provided by our Public Safety personnel in assisting motorists with locked vehicles can present a problem to locksmiths. This appears to be one of those public service areas which over the years has evolved more or less informally, rather than as a direct matter of intent. People who are locked out of their vehicles just seem to normally call the Police Department for assistance. The Council recognizes the concern that you and other locksmiths have with respect to this issue. Your letter has served to remind them of the diversity of opinion that surrounds this issue. Thank you for sharing your concerns with the Mayor and the City Council. Yours truly, .sty es G. Willis (:: Ci y Manager JW:kec cc: Mayor & City Council Dick Carlquist, Public Safety Director X30 cpm OCT 19'90 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 rnIASSURED 2650 Norwood Lane - Plymouth, MN 55441 - (612) 537-1615 ' �� QCT 11 ► 8 October.1990 Kim Bergman City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Dear Mr. Mayor. I am enclosing an article that I would like you to take a look at. It regards law enforcement officers opening private automobiles that have had the keys locked in. It is a copy of an bulletin that was issued by the National Association of Chiefs of Police. I am the chairperson for the Minnesota Chapter of the Associated Locksmiths of America. This is a subject that interests my members greatly. I am also a citizen of Plymouth & have been since 1966. I have spoke to Dick Carlquist several times in regards to the issue of Plymouth officers opening locked vehicles & it always come down to the fact that the City of Plymouth & it's administration consider it a public service. I in fact see it as a infringment of trade. Several communities in this area have discontinued opening vehicles except in life threatening situations & I would like you to bring this issue up to the city council & give it serious consideration in Plymouth also. These cities include Minneapolis. Golden Valley, New Hope. Roseville & others. I have spoke to a couple of officers concerning opening of cars in the last few years & the feeling that I get is that they would rather be doing more productive work. I thank you for your consideration of this issue & if I can answer any questions for you please feel free to contact me at either 537-1615 days or in the evening at 559-2812. Sincerely Yours, CIM OCT 1 9 ,Q 1v C4 stir -1 7 � Daniel Bernier. CML Clot OCT 11'g� 0 Total Coliform Sampling Requirements According to Population Served Minimum No. of Minimum No. of Population Routine Samples Population Routine Samples Served Per Month Served Per Month • 25 to 1,000 I 59,001 to 70000 70 1,001 to 2,500 2 70;001 to 83,000 80 2,501 to 3,300 - 3 83,001 to %,000 90 3,301 to 4,100 4 %,001 to 130,000 100 4,101 to 4,900 5 130,001 to 220,000 120 4,901 to 3,800 6 220,001 to 320,000 150 5,801 to 6,700 7 320,001 to 450,000 180 6,701 to 7,600 8 450,001 to 600,000 210 7,601 to 8,500 9 600,001 to 780,000 240 8,501 to 12,900 10 780,001 to 970,000 270 12,901 to 17,200 15 970,001 to 1,230,000 300 17,201 to 21,500 20 1,230,001 to 1,520,000 330 21,501 to 25,000 25 1,520,001 to 1,850,000 360 25,001 to 33,000 30 1,850,001 to 2,270,000 390 33,001 to 41,000 40 2,270,001 to 3,020,000 420 41,001 to 50,000 50 3,020,001 to 3,960,000 450 50,001 to 59,000 60 3,960,001 or more 48n CIM or 1:, ` J CIM OCT 1 i ". Law Enforcement Use of Car Opening Tools by Emergency Agencies: Liability and Policy The National Association of Chiefs of Police issued a "Law Enforcement Train- ing Bulletin" to its members regarding the use of car opening devices by emer- gency agencies, and the legal liability it generates. For the benefit of our mem- bers, and with the permission oftheNACP, we are reprinting portions of the bulletin in this issue. The Editor here is hardly any law enforce- ment publication or police sup- ply house that does not list the available "tools" which can be used to open many of the older and some of the newer vehicles that have attempted to build -in protection, using the most com- mon tool of all ... a "Slim Jim." Generally, this is a piece of flat steel about 14 inches long that slips between the window and the body of a car, and pushes or pulls the arm of the car lock. An expert can open your car before you can get the key in the lock! In the hands of ordinary citizens these are devices that more commonly come under the category of "burglary tools." Many police and sher- iffs departments, as well as hotel security and tow truck drivers, have carried these "Slim Jims" in the past simply because there is a call for someone to open a locked car. The driver has made the error of either leaving keys in the car, or claims to have locked them in the vehicle. There are oth- er more modern tools available that open locks, including picks. This training bulle- tin is directed toward official policy that should be adopted by your agency as to using any device to open a vehicle or any lock in a non -emergency situation. > October 1990 In general, the Auto Theft Committee of the National Association of Chiefs of Police recommends that unless a life threatening situation exists, the opening of locked vehicles or doors should be left to a professional locksmith. The reason: The high risk involved against the officer and the department for damage that may result in using these devices. New model cars often suffer damage to the locking mechanism and blame is placed on the department for these damages. This is particularly true of the new car models that have built-in protection against "Slim Jims."The change in locking devices came as a result of insurance losses suffered by the stolen cars easily entered and stripped. Even with a written permit from the car owner, a lawsuit can be expected should you damage the lockwhile acting as "the good samaritan." Some insurance frons will cover your liability when your department steps out of its concept as a police agency and becomes a locksmith. It is possible to open one of the new locks and in so doing damage the door locking mechanism so that the drivercould not unlock the door after he or she leaves the area—Rhus becoming injured as a result! From a simple $250 repair claim the award in a civil action could go into the tens of thousands of -dollars! Damage to the Paint and Body of the Car Many of us have been involved in helping some "lost soul" trying to get the lock open with a coat hangar, "Slim Jim," =•N"=A40. or other device. Very often the metal sur- face of the car is damaged with scratches, paint is chipped, rubber vent linings are cut and may allow water to enter. Who is the perfect scapegoat for getting damages? Yes, it is that friendly officer or deputy sheriff who opened the car, or tried to open the car, and in doing so damaged private property. This is contrary to rules and common sense if no emergency exist- ed. Emergency Situations Even if your department had all the proper tools to open any,vehicle today, the only time that police or fire depart- ments should open a locked car is in a life- and- death situation. A person or child who locks himself in a car could pose such a situation. In that instance the use of force to break a window would be so justi- fied if the lock could not be opened. While rare, from, time to time you may have driver who has been stopped and then locks the car, refusing to get out of the car, accept a traffic ticket, or face arrest for any reason. Even a tow truck ready to pull the car away will not get some drivers out. In that case you use non -lethal police 'chemicals that can, with no damage to a car, be sprayed into the vehicle causing the person to seek fresh air. No need to break a window or damage a car. There are few situations that fall un- der the "emergency" classification. How- ever, to a citizen in distress, the situation is always an emergency. The officer at the scene, however, must see that help is dis- patched, and explain that only a trained elm OCT 1-) , CIM OCTA locksmith with proper tools is allowed, under liability restrictions and insurance rules of the city. Use Locksmiths Many motor clubs and car insurance policies provide payment for the services of a locksmith. Local police should radio for a locksmith who is licensed, insured for the liability, and has the proper tools. Police officers or sheriffs deputies should not be issued "Slim Jims" or other car opening tools. These are burglar tools. When used by licensed persons such as locksmiths, they are "tools of the trade." By confirming that a locksmith is enroute, this allows your officers to con- tinue routine patrol and reduces your lia- bility in non -emergency situations. Police or sheriff departments are not locksmiths not in the towing business. If the person with the problem wishes to try and open his/her own vehicle with his/her own tools they should be advised that the damaged to the new cars can be considerable. They can, of course, try if they have proof the car is theirs. Auto Theft: "Slim Jims" and Other Tools Auto theft is a booming business. Po- lice should be aware of the devices used to break into and steal vehicles often carried in the guise of lost keys, etc. In large parking lots a "lookout" watches for the owner to go into a store, to the beach, or movie theater, and then in a few seconds can break into a car. Be sure that anyone having in their possession vehcicle open- ing tools is a professional locksmith in your community. Many locksmiths are members of local, state or national trade associations that set standards for their group. Law enforcement officers should be aware of tools used by auto thieves. The "Slim Jim" poses an easy item for a burglar to hide, often in a sock under the pants, Inside a shirt, etc. A search should be made of any person who loiters near parked cars. It is a common practice for those who break into cars to sit and watch the victim leave the vehicle and then either by him- self or with someone else, to make a move to break into the car. In many cases some will punch out trunk locks when they observe the victim placing valuables in the trunk, or simply smash a window. Police Policy Re Car Entry The high cost of professional liability Insurance has caused many police departments to re-evaluate their policy regarding opening locked vehicles. The cities of Seattle, Washington, and Winston- Salem, North Carolina, for example, have such policies in force. Conclusion While law enforcement officers are trained to serve the public, we know from past experience that we answer many trouble calls that are related to public service, and that some calls such as"locked cars" involve police in two dilemmas. Initially, to try and solve the problem for the victim. If a key is locked in the car it should be treated just as though the car Itself has been disabled. You then can for a licensed locksmith who is trained to solve this kind of problem. The exception is common sense. That Is where a life threatening situation arises. Then you are justified in using whatever force may be required. Our main concern is that you have verified that help is on the way. ' 1 So Keep to mind that other persons with these tools who are not licensed are very likely to be car thieves and burglars. It should be handled and explained as a way to protect the person from damaging the lock of the vehicle. By having the avail- ability of trained locksmiths to do this work you will lessen your department and personal liability. Police officers are not locksmiths! just as you would object to someone untrained doing police work, professional locksmiths have a valid reason to complain to your city or county when they pay a license fee to carry on this work Thus it is good public relations to contact a locksmith in your area to Initiate a program. In turn, lock- smiths should contact your department and possibly help to set up a local standard procedure. ti�tar� The NACP has Issued a Model Law Enforcement Polity for use by local police departments. If you want a copy of thLspolicy, pkasesendasWmped, self-addressedbusiness (N10) envrlope to: Keynotes: NACP Policy 3003 Live Oak Street Dallas, TX 75204-6186 KILLEEN SECURITY PRODUCTS Manufacturers of interchangeable core and core -related products. interchangeable witty BEST -ARROW -EAGLE -FALCON- -- LOCKWOOD. 10 keyways. Contact your distributor for more information. KILLEEN SECURITY PRODUCTS 1 33 Hermon St"Worcester. MA 01610 _ I Tel (508) 754-1714 Fax (508) 753-2183 kham October 1990 Circle IS on Reader SeLvtce Lora Citi OCT 10, Oct 1120 October 15, 1990 Kristi Schaller 2825 Alvarado Lane Plymouth, MN 55447 Dear Ms. Schaller: CIN OF PLYMOUTH Thank you for your kind letter complimenting the City on its recycling efforts. You made my day! As you know, the key to any good program is whether or not people participate. In Plymouth, our residents have supported the program with their wholehearted participation. The credit belongs to Plymouth residents like you who make the program work. Working together we can make a difference in reducing waste and providing an improved environment. Thanks again for your nice letter. Sincerely, o� J es G. Willis Ci y Manager :kec elm OCT 19 190 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 Y,risti Schaller 2825 Alvarado Lane Plymouth, MN 5544; October 3, 1990 City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 5544' Re: Plymouth Recycling Program Dear Sir: I am an eighth grader at Wayzata West Junior High School. I would Just like to say I appreciate what you're doing to make our community a cleaner area to live In. Thank you for everything you`ve done in recycling paper, plastic and glass bottles Into useful materials. Keep up the good work! Sincerely, && &jw� Y.rlstl Schaller CIM OCT 19'94