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HomeMy WebLinkAboutCouncil Information Memorandum 07-12-1985uv' CITY O� PUMOUTR CITY COUNCIL INFORMATIONAL MEMORANDUM July 12, 1985 UPCOMING MEETINGS AND EVENTS...... 1. PLYMOUTH FORUM -- Monday, July 15, 7:00 p.m. Plymouth Forum in Council Conference Room. 2. REGULAR COUNCIL MEETING -- Monday, July 15, 7:30 p.m. Regular City Council meeting in City Council Chambers. 3. BOARD OF ZONING ADJUSTMENTS AND APPEALS -- Monday, July 15, 7:30 p.m. The Board of Zoning Adjustments and Appeals will meet in the large office conference room. Agenda attached. (M-3) 4. PARKERS LAKE CONSULTANT INTERVIEWS -- Tuesday, July 16, 6:00 p.m. The Council will interview consultants for the Parkers Lake City Park beginning at 6:00 p.m. in the Council Conference Room. A buffet dinner will be available for the Council at 5:30 p.m. 5. MLC LEGISLATIVE APPRECIATION DINNER -- Wednesday, July 24. The MLC will be hosting an appreciation dinner for legislators serving MLC communities on Wednesday, July 24 at 6:00 p.m. at the Decathlon Club in Bloomington. Attached is a letter of invitation from June Demos, Chair of the Municipal Legislative Commission. If you are interested in attending, please let Laurie know Monday evening so reservations may be made. (M-5) 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 CITY COUNCIL INFORMATIONAL MEMORANDUM July 12, 1985 Page 2 FOR YOUR INFORMATION..... 1. 1985-1986 ASSOCIATION OF METROPOLITAN MUNICIPALITIES LEGISLATIVE COMMITTEEPOLICY -- Attached is a burTetin from t o Association of Metropolitan Municipalities requesting that Mayors, Councilmembers, Managers and Administrators in the metropolitan area volunteer to serve on one of the five AMM legislative policy committees. The standing legislative committees for the AMM are: Metropolitan Agencies, Municipal Revenues, Housing Committee, General Legislative, and Transportation. Councilmembers interested in serving on one of these committees should fill out an application and return it to Laurie Houk in order that we can return it by the deadline of duly 24. The City is currently represented on the following AMM legislative committees: Municipal Revenues Committee - dames Willis Housing Committee.- Blair Tremere General Legislative Committee - Frank Boyles Metropolitan Agencies Committee - Frank Boyles Unless Councilmembers express a desire to serve, applications will be submitted to continue staff membership on these committees. (I-1) 2. CHURCHES AND RELIGIOUS INSTITUTIONS -- Attached is a memo which Blair Tremere prepared at my direction regarding the possible need to consider the status of churches and religious organizations within the City's zoning code. I have developed some concern regarding the conditional use nature of churches in all residential zoning districts. Churches no longer directly serve a residential neighborhood, but rather, tend to draw from a larger portion of the community. In some instances, very large churches are constructed which draw from several communities. It appears to me that the Planning Commission and Council may want to give this matter some consideration at their duly 29 Joint meeting. The attached memo could serve as a departure point for those discussions if the Council deems such a discussion to be worthwhile. I have also attached a memo from Scott Hovet discussing the treatment of tax exempt properties. (I-2) 3. FLOODING OF ELM CREEK AT COUNTY ROAD 47 -- Attached is a letter I wrote to the Elm Creek Watershed Management Commission petitioning the Commission to undertake a study of the water levels of Elm Creek between County Road 47 and Elm Road. The letter sets out the purpose of the report and the reasons for making the request. On July 10, the Elm Creek Watershed Management Commission met and as a result of the meeting, the Chair was directed to receive proposals from Barr Engineering and Hickok and Associates as requested in my letter. It is expected that the proposals will be received and that the commission will act on them at their August 14 meeting. Howard Hunt was present at the meeting and encouraged the greatest possible speed in resolving this issue. (I-3) association of metroaolitan municipalities BULLETIN! July 9, 1985 TO: AMM Member City Officials FROM: Ji5�$heibel, President RE: Membership on AMM Legislative Policy Committee _ THE AMM NEEDS YOUR HELP! The Board of Directors will be making two year appointments to the Policy Study Committees which are the backbone of developing organizational goals, positions on issues, and determining the future role of cities in our Metropolitan Area. It is important for your ci.Ly to be represented on one or more of these committees so that your views can be expressed in a positive and forceful manner at the Legislature and Metropolitan Council. Only through active participation by elected and appointed city officials, such as yourself, can decisive and insightful positions on the many critical problems facing our cities be developed, put forth, and won. Some of the critical issues facing our cities now are implementation of initiatives for reduction and separation of solid waste, development of a local aid formula since the current formula was passed for one year only, reaction to a legislative study commission looking at local government finance and accountability, light rail transit, highway jurisdiction and funding, Metropolitan Council initiatives for increased planning such as aggregate preservation, ground water protection, and many others. We, as city officials, cannot afford to be silent. Please take a few minutes to read the brief description of the five standing committees and volunteer a small amount of your valuable time to make an impact by filling in and returning the attached form. The committees will meet in September and October approximately four times each year. The -Board of Directors would like a clear indication of all persons who are willing and able to give a small part of their time and energy to serve on one or more of these committees. Mayors, Councilmembers, Managers, and Administrators will receive this Bulletin individually. However, if other city employees such as finance directors, housing officers, planners, etc. would like to serve, please submit their names. The Board would also welcome any suggestions for specific issues or concerns to be studied by the committees. If you have questions, please contact either Roger Peterson or Vern Peterson in the AMM Office (227-5600). ( IS3 university avenue east, st. paul,vm4 nesota 55101 (612) 227-5600 COMMITTEE DESCRIPTIONS: 1. Metropolitan Agencies Committee - The Chair of this Committee is Kevin Frazell, Mendota Heights Administrator. Considers legislative issues and non -legislative issues related to the Metropolitan Council and Metropolitan Commissions. The Committee looks at the structure and relationship between these regional entities and local units of government. Reviews amendments to Metropolitan Development Guide Chapters and any new chapters developed. In past years, the Committee has developed policy on land use planning, metropolitan significance, solid waste management, Met Council selection process, etc. 2. Municipal Revenues Committee - The Chair of this Committee is Walt Fehst, Robbinsdale Manager. Considers any matter concerning revenues, taxes, and city expenditures. Included are state aid formulas, state aid dollars, levy limits, property tax assessments, tax increment financing, fiscal disparities, and re -development funding methods. The Committee will be looking very carefully at the effects of the state aid formula and levy limit modifications. 3. Housing Committee - The Chair of this Committee is Leslie Turner, Edina Councilmember. Concerns itself with all issues related to housing including subsidized housing, affordable housing, and activities of the Metropolitan HRA. Reviews amendments to the Metropolitan Council's Housing Guide Chapter with particular emphasis on low and moderate income housing concerns. 4. General Legislative Committee - The Chair of this Committee is Gary Bastian; Maplewood Councilmember. Examines issues which have impact on metropolitan area cities outside the scope of other AMM committees. In the past, this Committee developed policy on municipal self insurance, municipal consolidation, pensions,cable communications, PELREA Amendments, etc. 5. Transportation Committee - The Chair of this Committee is Bob Benke, New Brighton Councilmember. Studies major issues related to transportation and transit at the metropolitan, state and federal levels. The ten (10) elected officials who represent the AMM on the Transportation Advisory Board (TAB) and the eight (8) city staff officials who represent the AMM on the Technical Advisory Committee (TAC) are automatic members of this Committee. Other city officials may also serve. -2- CMUNICIPAL LEGISLATIC7E COMMISSION July 9, 1985 The Honorable David Davenport Mayor of Plymouth 515 Narcissus Lane Plymouth, Minnesota 55447 Dear Mayor Davenport: 7900 Xerxes Avenue South Suite 1500 Bloomington, Minnesota 55431 (612) 338-6610 On behalf of the Municipal Legislative Commission, I would like to extend an invitation for you, your city manager, and councilmembers to join me for an appreciation dinner being given for the MLC Legislative Delegation on Wednesday, July 24, at the Decathlon Club in Blooming- ton. The social hour will begin at 6:00 p.m., followed by dinner at 7:00 p.m. in the Javelin Room. Representative Bill Schreiber has agreed to be our guest speaker for the evening. Please extend this invitation to your city manager and councilmembers, and RSVP by contacting Deb Luebke at 349-9549 by Wednesday, July 17. Sincerely, � r, une Demos Mayor of Roseville Chair of the Municipal Legislative Commission RGR:ACO AGENDA Board of Zoning Adjustments and Appeals Monday, July 15, 1985 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES 4. NEW BUSINESS WHERE: Plymouth City Center Large Conference Rm. 3400 Plymouth Blvd. Plymouth, Minnesota 7:30 P.M. June 17, 1985 A. Kenneth Peterson. Variance from the required side yard setback for property is located at 10727 32nd Avenue North. (06-04-85) B. George & Bonnie Lambertz. Variance from the required front yard setback for property located at 4005 Revere Lane. (07-01-85) C Edward Kiepert. Variance from the required side yard setback for property located at 2901 Comstock Lane. (07-02-85) D. Don Colpitts. Variance from the Shoreland Management setbacks for property located at 2255 Highway 101. (07-03-85) E. Walser Corporation. Variance from the maximum sign square footage and maximum height for property located at 9825 56th Avenue North. (07-04-85) F. Charles Morris. Variance from the required rear yard setback for property located at 14515 13th Avenue North. C07-05-85) G. Mike Terry. Variance from the required front yard setback for property located at 18530 22nd Avenue North. (07-06-85) H. Zaudtke Homebuilders, Inc.. Appeal of an Administrative deter- mination to correct a field error for property located at 1235 Sycamore Lane. (07-07-85) 5. OTHER BUSINESS 6. ADJOURNMENT CITY COUNCIL INFORMATIONAL MEMORANDUM July 12, 1985 Page 4 9. MINUTES -- The following minutes are attached: a. Planning Commission, dune 26, 1985 (I -9a) b. Board of Zoning Adjustments and Appeals, dune 17, 1985 (I -9b) c. Bassett Creek Water Management Commission, dune 20, 1985 (I -9c) 10. MLC "UPDATE" -- Attached for your information is a copy of the MLC's newsletter "Update". (I-10) 11. EMPLOYEE RIGHTS -- Mayor Davenport has provided the attached article from the July 8 issue of Business Week entitled, "BEYOND UNIONS - A Revolution in Employee Rights Is In The Making". (I-11) 12. CORRESPONDENCE: a. Letter of congratulations to new TwinWest Chamber President David Olson from Mayor Davenport. (I -12a) b. Letter to Dr. Roger Adams, Superintendent, Wayzata School District, from City Manager, requesting a meeting to review the status of the Beacon Heights School site. (I -12b) c. Letter of appreciation to Barbara Willis, Chairperson, 1985 Music in Plymouth, from City Manager. (I -12c) d. Letter of appreciation to Barbara Hetland, Floral Affair, for floral arrangements provided at Music In Plymouth. (I -12d) James G. Willis City Manager CITY COUNCIL INFORMATIONAL MEMORANDUM July 12, 1985 Page 3 4. FISCAL NOTES REQUIRED -- Attached is a letter from Senator Duane Benson informing the City of new legislation which will have the effect of requiring "fiscal notes" being attached to all executive orders and rules issued by the Governor and the state agencies. The purpose of these notes will be to clearly point out the impacts of such rules and regulations upon those who are responsible for the implementation of such rules. With this information being made available to us in advance of the adoption of such rules, we will have the opportunity of examining the proposed impact from a finan- cial standpoint and thereby be in a position of taking. appropriate action to raise our concerns. (I-4) 5. MOPED INFORMATION -- Attached is memo I received from Councilmember asiliou dated July 9 with respect to mopeds. Also attached is a letter from Mayor Davenport which was sent to the presidents of all homeowner associations sharing with them information with respect to the rules and regulations governing the use of mopeds in the community. (I-5) 6. ORGANIZED REFUSE COLLECTION REPORT -- The attached organized collection study has been prepared by a special task force of the Metropolitan Council. This report will provide us with good information on effective techniques for meeting our responsibilities under the terms of the 1984 amendments to the Waste Management Act. You will note that Councilmember Pat Hoyt Neils serves as a member of this committee. (I-6) 7. RESIDENTIAL BUILDING PERMITS -- Late last month, Blair Tremere and Joe Ryan took steps to expedite the review and issuance of single family building permits by hiring on a temporary/seasonal basis Mr. Gene Soboy, a former city building inspector, to perform single family dwelling plan checks for us. From June 20 through July 9, Gene has reviewed a total of 52 plans with a turnaround time of approximately two days. The turnaround time for a new single family dwelling building permit is just under five business days. Our goal has been to insure that these permits are turned around within seven days of receiving a completed application. 8. COUNCIL FOLLOW UPS: a. James Olsen Storm Sewer, 1506 Weston Lane -- Fred Moore advises that all work has been completed with regard to the installation of the storm sewer adjacent to the James Olsen property, 1506 Weston Lane. Attached is a copy of a letter sent to Mr. Olson, dated July 2, 1985, informing him that the work had been completed. The work which was required to be completed was outlined in a letter dated May 30, 1985 from Mr. Olsen's student attorney. (I -8a) b. Maria Vdsiliou Memos -- Attached is memorandum sent to Maria asiliou responding to her memos of July 8 and 9 concerning the Dorothy Krekelberg's special assessments, extension of the Oakwood Shores 2nd Addition development contract, and various miscellaneous matters. (I -8b) DATE: TO: FROM: SUBJECT CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO July 5, 1985 City Manager James G. Willis Community Development Director Blair Tremere CHURCHES AND RELIGIOUS INSITUTIONS This is in response to your June 19, 1985 memorandum asking my thoughts on your thought that it might be appropriate for us to consider looking at the Zoning Ordinance to determine whether or not an approach should be taken to define between the small church and the large church, especially with respect to what is allowed in the Residen- tial Zoning Districts. I have researched our Comprehensive Plan and our Zoning Ordinance on this matter and I have deliberated the subject. I have not conducted any comprehensive research relative to how other communities deal with the subject. COMPREHENSIVE PLAN Churches are addressed as a feature of both walking and driving neighborhoods, particu- larly in the context of residential amenities. Interestingly however churches are not addressed as a specific land use type in any of the Living Area categories. I don't view that as an omission, but I find it interesting since churches are mentioned as specific possible land uses in three of the commercial categories. The CL (limited business) Area recognizes religious and philanthropic institutions. The CN (neighbor- hood shopping center) category recognizes religious and philanthropic institutions as conditional uses. The CC (community center) category recognizes churches as either a conditional use or a permitted use. The lack of a specific reference to churches in the Living Areas is not unusual in that churches have been traditionally assumed to be a normal neighborhood residential ameni- ty. The specific reference to them in the commercial district is evidence of that in that the planning doctrine was to assure that these institutions could be found in dis- tricts other than residential. Significantly, a distinction is not made, in any case, between churches and religious institutions. The reference to philanthropic institu- tions is a generic one, i.e., it is a typical planning term used to create an umbrella over charitable institutions which are in the business of dispensing and/or receiving aid from funds set aside for humanitarian purposes. They are often equated with relig- ious institutions as a land use. ZONING ORDINANCE "Churches or other religious or philanthropic institutions" are allowed in all of the residential zoning districts, R -1A through R-4, but are not allowed in the FRD District. NAME ASSOCIATION OF METROPOLITAN MUNICIPALITIES (Please return by not later than July 24th.) CITY POSITION CITY PREFERRED MAILING ADDRESS (street) (city) (zip code) PREFERRED TELEPHONE CONTACT NUMBER PLEASE INDICATE COMMITTEE CHOICE 1st. and 2nd. Municipal Revenues Metropolitan Agencies Housing General Legislation Transportation SUGGESTED ISSUES TO BE STUDIED PLEASE RETURN TO: Association of Metropolitan Municipalities 183 University Ave., East St. Paul, Minnesota 55101 Attention: Carol Williams -3- Page two ,-- Memorandum to City Manager RE Churches July 5, 1985 I recall several years ago that the City Council deliberately deleted churches (as well as schools) from the FRD District because they were found to be representative of urbanization which was not deemed to be appropriate for the FRD District. The Zoning Ordinance also allows "religious or philanthropic institutions" as conditional uses in the B-1 (office limited) and B-2 (retail) Zoning Districts. They are not allowed at all in the B-3 (service business) District. Churches, per se, are not mentioned in the business districts at all. We have had at least one church approved as "religious institution" in the B-1 Zoning District. The Ordinance addresses the parking requirements of churches in conjunction with audit- oriums and other places of assembly under the category of education, cultural, and institutional uses. Religious and philanthropic institutions, per se, are not addres- sed, but typically would be categorized under their most typical land use type, i.e., if not as a church, as an office building or other place of assembly. The Zoning Ordinance therefore tends to equate churches, religious institutions, and philanthropic institutions regardless of size or scope. COMMENTS My experience and observations, to date, suggest that there are several issues which probably should be addressed. First, do we want to distinguish between "large" church- es and "smaller" churches, and if so, on what basis or bases do we do that? The key to this question is how churches are defined and I suspect that once we define them, we would not be so concerned with the actual magnitude of a bona fide church. If there were a concern about the magnitude in the sense that larger churches should be only allowed in certain Zoning Districts, we could perhaps consider a classification such as we have for restaurants, i.e., Class I and Class II. I am not sure at this stage how we would distinguish between them other than the number of seats or the num- ber of parking spaces. Perhaps the size of the site would be the guiding criterion. The more relevant issue may be the need to distinguish between churches, regardless of size, and other institutions, be they "religious" or "philanthropic". We recently have reviewed concept plans for a religious organization who has represent- ed an actual campus consisting of several functions ranging from a church, to an elder- ly housing cluster, to a facility for educational purposes. The size of the site is almost 40 acres, and by their own definition this religious organization is more than a "neighborhood church". Their scope is regional as the intensity is much different than the traditional suburban neighborhood church. I believe that the Ordinance could be amended to make that distinction. Religious and philanthropic institutions would for example be reserved for only non-residential zon- ing districts and/or perhaps for higher density residential areas. Churches would continue to be allowed in all of the residential districts and perhaps in the non-residential districts as well (although the definitions would perhaps be ex- clusive and churches would not be recognized as religious institutions for zoning purposes). Clear definitions of all the various terms would be required and my cursory examination of some other zoning ordinances suggest that this would probably be a pioneer effort on our part. Everyone knows what a church is and everyone probably thinks they know what a philanthropic institution is. Page three Memorandum to City Manager RE Churches July 5, 1985 There is another factor that should be discussed and it is one that often is not. The issue is the tax exempt status of bona fide religious institutions and I would suggest that you might have the City Assessor develop a memorandum on that subject. The scope of the memo would be exactly what the State law exempts. The relevance of this is somewhat ironic. If there is a concern about the tax exempt status of bona fide relig- ious land uses, then it probably makes more economic sense to have them occupy residen- tial land rather than allowing them in non-residential districts which typically carry a higher per acre land value. This concern was discussed to some degree when the Episcopal church at Hamel Road and Nathan Lane was considered. That site is zoned B-1. I am not suggesting that individual churches be evaluated in terms of their statutory ability to have a tax exempt status. I am suggesting that that status could determine where throughout the City the City would deem churches to be an appropriate land use relative to the overall economic impact. Bona fide churches should be considered as necessary amenities to a community and are compatible with residential neighborhoods. If the zoning standards are effective rela- tive to screening and transition, I believe that the magnitude of bona fide local churches is not an issue even if that church does grow to be the size of say the Wayz- ata Evangelical Church on Highway 101, or the size of the church you mentioned at County Road 9 and County Road 18. The land uses which do not involve churches or which involve churches only incidental- ly, but which are primarily institutional in character with a clear scope of influence directed beyond the local community, should be classified as non-residential or perhaps classified in the multi -residential districts. The religious institution northeast of Medicine Lake is in a single family residential area and it is my understanding this institution has been located there for many years. I think it is not obtrusive because of its physical location and apparent low activity level. Large churches which are either built initially as large structures, or which expand to a large size over the years, are often viewed as having a higher impact because of their proximity within a residential neighborhood. They are more visible and, in our society, large churches require large parking areas. My experience in Plymouth has led me to believe that the level of complaints about churches is related to the size of the parking lot, the amount of screening around the parking lot, the size of the church building, and the level of activity, especially at times other than Sunday. Other factors which have been introduced into churches and which our Ordinance recog- nizes as conditional uses, are day care centers and Montessori Schools. Such activi- ties actually are efficient uses of existing physical plants which typically stand idle during the week. On the other hand, they generate traffic and parking activities which otherwise would not occur and therefore can be viewed as "disruptive" to the adjacent residential neighborhoods. It is not coincidental that zoning ordinances, such as Plymouth's, often equate churches with cemetaries. roNC1 USTONS Serious consideration of amending the Zoning Ordinance and/or Comprehensive Plan to distinguish between churches and other religious institutions should be preceded by focusing on issues. Are we concerned about the size of bona fide churches in the sense Page four Memorandum to City Manager RE Churches July 5, 1985 of physical structures and site? Are we prepared to define one type of church over another? Should a distinction be drawn between churches and religious institutions? Should religious institutions perhaps be reserved for higher density/ intensity zoning districts and not allowed at all in lower density residential neighborhoods? I do not doubt that we can give definition to various terms. I do believe it might be worthwhile to investigate other suburban experiences from a zoning and planning standpoint. I will therefore pursue that as a research effort; I would suggest that we prioritize it so that it would not commence until after our development season peak, i.e., this fall. Perhaps this would be a valid topic for the Joint Planning Commission and City Council meeting; if you agree please let me know and I will prepare a summary memo for that meeting. BT/gw cc: Sara McConn Al Cottingham File CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: July 11, 1985 TO: James G. Willis, City Manager ��1.!"� FROM: Scott L. Hovet, City Assessor ) SUBJECT CHURCHES AND RELIGIOUS INSTITUTION EXEMPTIONS All real property in the, state is taxable except such as is by law exempt. Exemption laws are to be construed strictly, not broadly. The assessor has an extremely important responsibility in Vestigating and extending exemption while conducting his annual assessment. Ownership, use, or amount of use, and necessity of ownership are key elements in determining exemption. Minnesota statute #272.02 Sub 1 and 2 states only 7 major types of property can qualify for exemption s,:atus listed as follows: 1. Public Burying Grounds 2. Public School Houses 3. Public Hospitals 4. All Academies, Colleges, and Universities 5. Institutions of Purely Public Charity 6. All public property. (Used exclusively for any public purposes.) 7. All Churches, Church Property and Houses of Worship The laws defines the exempt status for churches as ...."All churches and church property including personal property owned and used for religious purposes are exempt." This includes the parsonage and all property therein if actually owned by the church organization and used by the (one) priest or minister as his/her residence. A general statement would be that church property including that of a parsonage, is not exempt if it is rented out to private individuals or corporations or when the property is used for purposes other than those for which the church was established. This brings in the increasing questions of the operation of day care centers etc, out of religious properties. Our assessors association has discussed this increasing problem many times and the general consensus is if a portion of a church property is being rented and used more than 50% of the time (32 days per week) for a use other than a religious purpose; that portion of the property is segregated out and placed on the tax rolls. CHURCHES AND RELIGIOUS INSTITUTION EXEMPTIONS Page 2 Because of the delicate nature of particular religious beliefs it sometimes becomes difficult to judge the merits of whether a property should be allowed exemption or not. In any case we as assessors in the metro area allow only that portion of the property used for worship purposes to be exempt. Any portion of the property owned by a church and used indirectly is taxable such as apartments, farmland, or retail buildings to give an example. Each property has to be analyzed individually on its own merit. As far as allowing a church to be constructed in a higher zone, the more intense the zoning, the more land value lost from the tax rolls. cc: Blair Tremere f x J 7 - "It -"It is a rather unusual design, but I haven't paid any taxes on it yet!'' i L1 Z k[ F July 10, 1985 CITY OF PLYMOUTR Mr. Fred G. Moore, Chairman Elm Creek Watershed Management Commission 3030 Harbor Lane Suite 100 Plymouth, Minnesota 55441 Subject: Flooding of Elm Creek at County Road 47 Dear Fred: In November, 1984 the Elm Creek Conservation Commission had a report prepared with regard to flooding along Elm Creek at County Road 47 within the City of Plymouth. This report was prepared for the Watershed Commission by the Hennepin Conservation District. One of the recommendations in that report was channel cleaning along Elm Creek between the Plymouth City limits and Elm Road within the City of Maple Grove. Sediment had been deposited in the creek channel from a gully that was eroding. This channel cleaning was performed by Maple Grove in June. Although some channel cleaning work has been performed, this has not had a major effect on the water levels along Elm Creek south of County Road 47. The City of Plymouth is hereby petitioning the Elm Creek Watershed Management Commission to undertake a study of the water levels on Elm Creek between County Road 47 and Elm Road. The purpose of this study would be to conduct the necessary investigation in order that recommendations could be made with regard to the following: 1. The effect existing channel conditions are having on the water levels. 2. Alternate channel improvements to lower the water levels, the estimated cost of these improvements and the effect they would have on areas downstream from Elm Road 3. Other recommendations which would eliminate the flooding problem. Since the Watershed Commission has the authority over the Watershed area, we believe this study should be undertaken by the Commission. It would further be our request that this study be conducted by a consulting engineering firm with expertise in stream hydralics. Before the Commission agrees to undertake the study, I believe the City of Plymouth and the City of Maple Grove would be willing to enter into an agreement with the Commission to pay for the cost of the study. We would need to know the estimated cost of the study before this commitment could be made. 3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559.2800 Mr. Fred G. Moore July 10, 1985 Page Two ---------- - The City of Plymouth would appreciate prompt action on this request in order that a cost sharing agreement could be reached on the study and the study completed within a reasonable time. Thank you for your consideration of this petition. Very truly yours, C mes G. Willis city Manager JGW:kh DIANE BENSON Scnatr, I)i�?rig? '_ RUI':,I R„utk: I R11•. Ianc�hoi,. Minnc,ona 5594y and 109 State Office Ruildinc Si. Paul. Mlnnc>ort Phonc:(612129F-390 July 8, 1985 Dear Mayor and Council Members: Senate- --- State of Minnesota, The 19E5 lecislature has passed a law which may help you control rising costs for your city. In the future, almost all proposals for new state mandates must be accompanied by an estimate of the costs to local government. Bills before the legislature and proposed executive orders including orders, plans, requirements or rules issued by the governor or state agencies must be accompanied by a cost estimate or "fiscal note." Such a "note" will (1) cite the effect in dollar amounts; (2) cite the statutory provisions affected; (3) estimate the increase or decrease in revenues or expenditures; (4) include the costs which may be absorbed without additional funds; and (5) specify the long range implications, if any. The importance of this new law to your efforts to control costs is early warning. If a legislator proposes a new costly mandate or if a state agency proposes an administrative rule that carries new expenses for you, you'll have the opportunity to know about it before the mandate goes into effect. That means you'll have some chance of either defeating or modifying the mandate. I urge you to contact lobbyists for associations to which your city belongs and your legislator. Ask them to let you know when they learn of fiscal notes for new mandates. As a state senator, I've heard repeatedly from local officials that they feel it is unfair for the state to impose a continuing series of costly new mandates on local government. They feel it's especially unfair when local rather than state government must pay. COMMITTEES • Economic Development & Commerce • Governmental Operations • Health & Human Services • Taxes and Tax LaNs SERVING: Fillmore. Mower. Winona and Olmsted Counties Pag- 21 Jul, 8, 19E5 I introduced my reform effort in 1983 as part of tr.e Senate Indepenc_nt- epub_ican Caucus' legislative program. The Senate _R policy proposals placed a strong emphasis on the value of 2aaving significant freedom and flexibility for to -al elected officials to make judgments for their ccr- ur_ities. Where possible, they should be making local policy, not s4m-ly impler:.enting state mandates. Although my proposal received little support in 1983, the new 1985 Legislature treated this c_-icern far more seriously and enacted the enclosed law.-ucc.;ss is due in large part to Rep. Virgil Johnson (IR -Caledonia) who shepherded the measure throuch the House of Representatives and through the conference committee process. :o hope this Iaw affords ,you a better opportunity to orevent state government from imposinz new mandates area ne%: c,:--ts on you without your knowing beforehand. S' rely, uane Benson Sta- Senator (Ii -_.�nesbor- Enc isure A 19 Sec. 34. (3.981) [DEFINITIONS.] 20 Subdivision 1. (SCOPE.) The terms used in sections 3.9E1 -------------- -------- ----------------------- 21 to 3.983 and 14.131 have the meanings given them in this secticn. ----------------------------------------------------------------- 22 Subd. 2. [COSTS MANDATED 5Y THE STATE.) "Costs mandated by -------- ------------------ 23 the state" means increased costs that a local agency or a school ---------------------------------------------------------------- 24 district is rec'sired to incur as a result of: --------------------------------------------- 25 (a) a law enacted after June 30, 1985, which mandates a new. ----------------------------------------------------------- 26 program or an increased level of service of an existing program.; ---------------------------------------------------------------- 27 (b) an executive order issued after June 30, 1985, which -------------------------------------------------------- 28 mandates a new program; ----------------------- 29 (c) an executive order issued after Jure 3C, 1985, which -------------------------------------------------------- 30 implements or interprets a state statute and, by this 31 implementation or interpretation, increases procrar, levels atove 32 the levels required before July 1, 1985- ------------- : ------------------------- : 33 985;---------------------------------------- 33 (d) a statute enacted after June 30, 1985, or executive ------------------------------------------------------- 34 order issued after June 30, 1985, which implements or interprets ---------------------------------------------------------------- 35 a federal statute or regulation and, by this implementation or -------------------------------------------------------------- 36 interpretation, increases program or service levels above the ------------------------------------------------------------- 1 levels required by this federal statute or regulation; 2 (e) a statute enacted after June 30, 1985, or executive ------------------------------------------------------- 3 orderissued after June 30, 1985, which implements or interprets - 4 a statute or amendment adopted or enacted pursuant to the --------------------------------------------------------- 5 approval of a statewide ballot measure by the voters and, by ------------------------------------------------------------ 6 this implementation or interpretation, increases program or ----------------------------------------------------------- 7 service levels above the levels required by the ballot measure; --------------------------------------------------------------- 8 (f) a statute enacted after June 30, 1985, or executive ------------------------------------------------------- 9 order issued after June 30, 1985, which removes an option --------------------------------------------------------- 10 previously available to local agencies and thus increases 11 program or service levels or prohibits a specific activity and -------------------------------------------------------------- 12 so forces local agencies to use a more costly alternative to ------------------------------------------------------------ 13 provide a mandated program or service; 14 (g) a statute enacted after June 30, 1985, or executive ------------------------------------------------------- 15 order issued after June 30, 1985, which requires that an -------------------------------------------------------- 16 existing program or service be provided in a shorter time period ---------------------------------------------------------------- 17 and thus increases the cost of the program or service; ------------------------------------------------------ 18 (h) a statute enacted after June 30, 1985, or executive ------------------------------------------------------- 19 order issued after June 30, 1985, which adds new requirements to ---------------------------------------------------------------- 20 an existing optional program or service and thus increases the -------------------------------------------------------------- 21 cost of the program or service as the local agencies have no ------------------------------------------------------------ 22 reasonable alternatives other than tn •w. ,..,.,,,,,,i 23 program; —`- 24 (1) a statute enacted after June 30, 19E5, or executive ------------------------------------------------------- 25 order issued after June 30, 1985, which create_ new revenue ----------------------------------------------------------- 26 losses stemming from new property or sales and use tax ------------------------------------------------------ 27 exemptions; or -------------- 28 (j) a statute enacted after June 30, 1925, or executive ------------------------------------------------------- 29 order issued after June 30, 1985, which recuires costs ------------------------------------------------------ 30 previously incurred at local option that have subsequently been --------------------------------------------------------------- 31 mandated by the state. ---------------------- 32 Subd. 3. [EXECUTIVE ORDER.) "Executive order" means an -------- �� -------------------------- 33 order, plan, requirement ----- y .. , or rule issued b the goveror, an --- ----------------------------- ----------------- 34 official serving at the pleasure of the governor, or an agency, --------------------------------------------------------------- 35 department, board, or commission of state government. ----------------------------------------------------- 36 "Executive order" does not include an order, plan, requirement, --------------------------------------------------------------- 1 or rule issued by a regional water quality control board. --------------------------------------------------------- 2 Subd. 4. (LOCAL AGENCY.] "Local agency" means a home rule -------- -------------------------------- 3 charter or statutory city, county, town, or special district. ------------------------------------------------------------- 4 Subd. 5. [MANDATE.] A "mandate" means a recuirement which -------- ------------------------------------- 5 applies to a local agency or school district and which, if not -------------------------------------------------------------- 6 complied with, results in civil liability, criminal penalty, ------------------------------------------------------------ 7 substantial economic sanction such as loss of funding, or severe ---------------------------------------------------------------- 8 administrative sanctions such as closure or nonlicensure of a ------------------------------------------------------------- 9 facility or program. "To mandate" means to impose such a --------------------------------------------------------- 10 requirement. ------------ 11 Subd. 6. (REQUIRING AN INCREASED LEVEL OF 12 SERVICE.) "Requiring an increased level of service" includes -------------------------------------------------- 13 requiring that an existing service be provided in a shorter time. ----------------------------------------------------------------- 14 Subd. 7. [RULE.] "Rule" means a rule, order, or standard -------- --------------------------------------- 15 of general application adopted by a state agency to implement, -------------------------------------------------------------- 16 interpret, or make specific the law it enforces or administers -------------------------------------------------------------- 17 or to govern its procedure. "Rule" includes an amendment to a -------------------------------------------------------------- 18 rule. "Rule" does not include rules that relate only to the ------------------------------------------------------------ 19 internal management of a state agency. -------------------------------------- 20 Subd. 8. [SAVINGS.) "Savings" includes budget reductions -------- ------------------------------------ 21 and the freeing of staff or resources to be reassigned to a ----------------------------------------------------------- 22 local agency's or school district's other areas of concern. ----------------------------------------------------------- 23 Subd. 9. [SCHOOL DISTRICT.] "School district" includes -------- -------------------------- 24 school districts, community college districts, and county --------------------------------------------------------- 25 superintendents of schools. --------------------------- 26 Sec. 35. f3.9821 f FISCAL NOTES FOR STATE-M.;%rATED 27 ACTIONS. 28 When the state proposes to mandate that a local agency or --------------------- 29 school district take an action, and when reasonable ccmpliance -------------- 30 with that action would force the local agency or school district ------------------------------------------------------------- 31 to incur costs mandated by the state, a fiscal note shall be ------------------------------------------------------------ 32 prepared as provided in section 3.98, subdivision 2 and shall be ----------------- 33 made available to the public upon request. If the action is ------------------------------------------------------------ 34 among the exceptions listed in section 3.983 a fiscal note need 35 not be prepared. ---------------- 36 When a bill proposing a mandate is introduced and referred ------------------------------------------------------- ' 1 to a standing committee, the chairman of the standing committee ------------------ ---------------- t 2 to which the bill is referred shall request the appropriate ----------------------------------------------------------- 3 state agency or department to prepare a fiscal note before the ---------------------- ______ 4 bill is heard in the committee ---- ------ a proposed mandate is ----------------------------------- ------------------ 5 issued in an executive order, the governor or appropriate agency ---------------------------------------------------------------- 6 head assigned b the ---------Y- governor shall prepare the fiscal note and 7 make it available to the -- _ public. 8 Sec 36 (3.983) [EXCEPTIONS TO FISCAL NOTES.) 9 Subdivision 1. [COSTS RESULTING FROM INFLATION.) A fiscal 10 note need not be --prep- for increases in the cost Of providing ----------------------- 11 an existing service if the increases result directly from ------------------ --------------------- 12 inflation. "Resulting directly from inflation" means ----------------------------------------------------- 13 attributable -to- -- maintaininganexisting-level-of-service-rather 14 than increasing the level of service A cost -of -living increase ---------------------------------- ----------------- 15 in welfare benefits is an example -- --- of a cost resulting directly --------------- 16 from inflation.------ -- - --------------- 17 Subd_-2_ [COSTS NOT RESULT OF NEW PROGRAM OR INCREASED 18 SERVICE.) A -fiscal -note -need not be prepared for increased local ------ 19 costs that do not result ----- --- --------- --------from a new r progam or an .ncreased----- 20 level of service. -'-""--"--- ----------------- 21 Subd_-3. [MISCELLANEOUS EXCEPTIONS.) A fiscal note need 22 not be prepared for the ------------ -------------------- ----cost-of-a mandated action if the law 23 containing the mandate: ----------------------- 24 (a)accommodatesa specific local request; 25 (b) results in no new local --------------------------------------- governr•entduties; 26 (c) leads to re __ __ _venue losses from exemptions to taxes other 27 than sales use or property taxes -- ----------------------------------- 28 (d) -provides only clarifying -or -conforming, no --------- - nonsubstantive 29 changes on local government;- ---------------------------- 30 (e) imposes additional net local costs which minor ---------------------aa ------- 31 (---less than $200 for any single local government if the mandato ----------------------------------------------------------- -------------------- _ 32 does not apply statewide or less than o a m� one-tenth f 11 times ---------------------------- 33 the entire value of taxahle property in the state if -h �e mandate ----------------------- 34 isstatewide)anddo- - -- - notcauseafinancialburden on local - - - 35 government; -- 36 (f)isalegislativemandateorexecutiveorderenacted --- - -- - - 1 before July 1, 1985, or a regulation initially implementing ------------------------------------- ---------------------- 2 legislation enacted before July 1, 1985; ---------------------------------------- 3 (g)implementssomethingother than a state statute or ----------------- - - --------------------------- 4 executive order, such as a federal, court, or voter -approved ------------------------------------ 5 mandate; ------- 6 (h) appears in rules that are permissive or discretionary -------------------------------- ------------- 7 in nature; 8 (i) -------------------------------------------------------- -- - -- definesanewcrimeorredefines-an existing crime or ------------------ 9 infraction; 10 (j) provides ------------------------------- or falls within the purview of existing, 11 revenue- sourcesorotherfinancing -- ------------- or 12 (k) results in -mechanisms; - - - savings that equal or exceed costs. CITY OF PUMOUTR July 9, 1985 Memo to : Jim Willis From: Maria Vasiliou Subject: Moped information JUL 9 -1985 CITY OF ft%l I - Jim, thank you for asking Dick Carlquist to provide us with the moped information. I was surprised to learn from you today that this information is being mailed out to the homeowners associations with a cover letter from the Mayor. You will perhaps recall that I have brought this up at the past two council meetings and it died a very quiet death and was greeted with indifference. Because the mayor and council showed no interest in answering the inquiry I mailed out copies of the memo to any individual or home- owner who inquired. I think it would be helpful in the future if we coordinate our efforts. Two copies to any one person certainly can't hurt but I object to public indifference followed by a flury of behind -the -scene action. Let's touch bases if this occurs again. Thanks for your cooperation and for getting the ball rolling. cc: Mayor Davenport 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 NO/ July 9, 1955 CITYOF PLYMOUTH+ Robert Scribner AMLAC HOA 2015 Lancaster Lane Plymouth, M 441 Dear Mr cribner: Recently the City has received a number of inquiries regarding the traffic regulations associated with mopeds or motorized bicycles. Normally, infor- mation of this type would be contained in our Plymouth on Parade newsletter, but because our next issue is not scheduled for delivery to the home until September 6, I want to take this opportunity to share this information with you. I am attaching a memorandum from Field Supervisor Larry Holzerland to Public Safety Director Dick Carlquist which addresses this subject. Please share this information with members of your Homeowners Association. Please post the memorandum at your common meeting place if applicable or publish it in your Association newsletter for your members. Any questions should be addressed to Pug,147 Safety Director Dick Carlquist at 559-2800, Ext. 350. Sin D( vid J. Wdvenport Mayor DOD:jm attach cc: City Council Public Safety Director 3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 559.2800 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD.. PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE TO FROM July 1, 1985 Chief Carlquist Larry Holzerland SUBJECT Motorized Bicycles Moped or Motorized bicycles as they are referred to in State Statutes are defined as bicycles with fully operable pedals which can be propelled by human power, a motor or by both. The moped's engine must have a capacity of less than 50 cubic centimeters displacement and a maximum of two horse power. The engine must be capable of a speed no more than 30 MPH on a flat surface. Operation of a moped is permitted by anyone who possesses a valid drivers license or has a moped operator's permit. To be eligible for a moped operator's permit, a person must be at least 15 years of age, and successfully complete an examination consisting of an eye check and a written and skill test. Also, operators under 18 years of age must present a written parental permission slip before the moped operator's permit can be issued. Generally, the rules that applied to bicycle riding also apply to the operation of mopeds. Mopeds however, are not allowed on bicycle lanes or bicycle trails. They also cannot be operated on any sidewalk or on freeway designed roads such as County Road 18 and Interstate 494. Equipment requirements are the same for mopeds as they are for motorcycles, except that motorcycles are required to have their headlights on at all times. The equipment requirements for a moped are basically a headlamp, red taillight, rear license plate light, brake light, rear view mirror, an adequate muffler, and a horn. Moped drivers are not required to use protective head Qear or eye protection. Mopeds may carry one passenger if the moped is adequately equipped with a permanently installed passenger seat and passenger foot rests. Mopeds must be currently licensed to be operated on any public highways and that license must be permanently attached and displayed at all times. Mopeds may be operated on the street at any time of day except for operators under the age of 18 who are restricted by the midnight curfew. LH:tw STUDY OF ORGANIZED REFUSE COLLECTION in the Twin Cities Metropolitan Area Metropolitan Council of the Twin Cities Area 300 Metro Square Building, 7th and Robert Streets St. Paul, Minnesota 55101 Tel. 612 291-6359/TDD 291-0904 June 1985 Publication No. 19-85-079 yam. 1 A special thanks to the Organized Collection Task Force. Mary Ayde, Chair, National Solid Wastes Management Association Shirley Brantingham, Minnesota Association of Commerce and Industry Charles Kutter, President, Minneapolis Refuse Inc. Terry Miller, Waste Management Inc. Ron Moening, Browning-Ferris, Inc. Patricia Hoyt Neils, Plymouth City Council Luther Nelson, Hennepin County Bob Orth, Ramsey County Commissioner Vern Peterson, Association of Metropolitan Municipalities Betty Sindt, Lakeville City Council Carolyn Voss, Coon Rapids City Council Pat Scully, Metropolitan Council CONTENTS Paae ABOUT THIS STUDY .................................................... 1 INTRODUCTION........................................................ 2 DESCRIPTION OF EXISTING COLLECTION SYSTEM ........................... 4 Introduction..................................................... 4 Regulatory Requirements. � ...................................... 6 Profile of the Refuse Collection Industry ........................ 6 Service Levels and Geographic Area...............................10 EVALUATION OF NEED FOR ORGANIZED COLLECTION .........................12 Can Organized Collection Improve Productivity and Reduce CollectionCosts?.... ..... .......... .................12 �Environmental �Impacts Can Organized Collection� Reduce and Improve rublic Safety? ........................................20 Can Organized Collection Facilitate Implementation of the Council Solid 'Taste Guide Chapter? .............................21 Can Organized Collection Integrate or Enhance Existing County and Local Authorities for 'Waste Management?....................22 LIABILITIES AND DISADVANTAGES OF ORGANIZED COLLECTION...............24 FINDINGS AND CONCLUSIONS ............................ ..............26 BIBLIOGRAPHY........................................................27 APPENDIX............................................................28 FIGURES 1. Market Structure of Refuse Collectior: Residential Service....... 4 2. Market Structure of Refuse Collection: Residential Service....... 5 3. Size of Metropolitan Residential, Comercial and Industrial Refuse Collection Companies by Number of Collection Vehicles..... 9 4. Percent Metropolitan Residential, Commercial and industrial Refuse Collection Companies by Number of Collection Vehicles..... 9 5. Frequency of Residential Refuse Collection Charges...............18 TABLES 1. Selected Municipal and Township Licensing Requirements for Refuse Collection....................................................... 7 i ABOUT THIS STUDY This study fulfills the legislative requirement that the Metropolitan Council prepare a study on the need for a system to implement organized collection of residential, commercial and industrial refuse in the region. Organized collection, as defined by the Council in its Solid Waste Management Develooment Guide/Policy Plan, means a solid waste collection system wherein overlap of collection service areas and types of collection services is prevented or controlled. The organizing body may be public or private and may exert its control by directly pro- viding the collection service or contracting for collection services. This definition of organized collection covers all of the potential methods available for organizing collection services. The Council established a task force to help it prepare the organized collection study. The task force met over a period of two months reviewing the collected dataand preliminary draft of the study. Task force members were selected to assure that county, municipal and busi- ness concerns were addressed in the study. The data used in the study were obtained from a number of sources including municipal ordinances and licenses, refuse collection com- panies operating in the region and national, county and other reports and studies. Some of the data, particularly price information, will become dated quickly given the nature of the market and industry. The study has five sections. The first section.identifies the ques- tions the study will ask in its attempt to determine whether a system is needed to implement oreanized collection in the region. The second section describes how refuse collection services are currently deliv- ered in the region. The third section evaluates the need for organized collection. The fourth section identifies the liabilities and disadvan- tages of organized collection. The final section provides the reader with the study's findings and conclusions. The appendix contains a listing of all known refuse collection companies operating in the region. 1 2. Commercial Refuse Collection Charges in the City of St. Paul, 1985, Monthly Charges for 'Weekly Pick Up.........................12 3. Monthly Single -Family Dwelling Residential Refuse Collection Charges..........................................................13 4. Carver County Residential Refuse Collection Charges to Households.......................................................14 5. Metropolitan Area Municipalities with Contracted Residential Refuse Collection: April 1985 ....................................16 6. Metropolitan Area Municipalities with Franchised Residential Refuse Collection: April 1985 ....................................19 ii 1 INTRODUCTION In 1984, the state legislature amended the Waste Management Act (WMA) to require the Metropolitan Council to conduct a study on the way refuse is collected in the Metropolitan Area. Specifically, the Council is to "study the need for a system to implement organized col- lection of residential, commercial and industrial solid waste in the Metropolitan Area." Organized collection refers to the manner in which refuse is collected from the waste generator. Organized collection means a solid waste collection system wherein overlap of collection service areas and types of collection services is prevented or controlled. The organizing body may be public or private, and may exert its control by directly providing the collection service or contracting for collection services. Organized collection does not mean that refuse collection is mandatory or that the county or cit;; will direct where the waste will be delivered or that a public agency will necessarily perform the col- lection service. The different methods to organize refuse collection are contract, fran- chise, municipal or other private arrangement. The contract method is where a municipality contracts with one service provider to collect refuse in a specific area and the city pays the contractor for the service. The franchise method is where the city permits one service provider to collect refuse in a specific area and establishes the price but the service provider retains responsibility for collection of the service fee. Municipal collection is where the city provides the ser- vice with public employees. Private arrangements include neighborhood groups contracting with a refuse collector for the service or several refuse collectors forming a new company in order to organize their collection routes. Currently few areas or municipalities in the region have organized col- lection of residential solid waste. Fewer still have organized collec- tion of corrnercial and industrial wastes. =+s a rule, most waste gener- ators arrange directly with a waste hauler for refuse collection services. Questions have been raised about this type of arrangement for refuse collection and whether imorovements can be made to the col- lection system with implementation of organized collection. To determine the need for a system to implement organized collection in the Metropolitan Area, this study will ask four questions. First, can organized collection improve productivity and reduce collection costs? This study will evaluate the costs of refuse collection under several different market arrangements. And if there are cost savings to the household or business with an organized collection system, the study will attempt to identify where those cost savings are achieved. J Second, can organized collection reduce environmental impacts in the neighborhood and improve public safety? This study will evaluate to what extent organized collection reduces air pollution, fuel consump- tion, wear and tear on city streets and county and state roads, litter complaints, rodent harboraces and vehicle accidents involving refuse collection trucks. Third, can organized collection facilitate implementation of the Council's Solid Waste Manaeement Development Guide/Policy Plan? This study will explore what organized collection can do to reach the objec- tives for abatement programs and obtain information about waste generation reduction or recovery. Fourth, can organized collection integrate or enhance existing county and local authorities for waste management? The study will evaluate whether organized collection can replace or complement waste designa- tion. Waste desienation is the same as flow control. These issues will be discussed to better understand what organized col- lection can and cannot do for improving waste management inthe region. They will also help to determine whether there is a need for a systematic process to organize refuse collection services in the region. The report will becin with an evaluation of the existinc col- lection system. This evaluation will serve as the basis for ccrparison with organized collection systems and with the findings of other national and local studies that have evaluated refuse collection sys- tems and costs. The study will also discuss the liabilities.and d'sad- vantages associated with organized collection. The final chapter contains the conclusions regarding organized collec- tion of refuse. The appendix contains a comprehensive list of the refuse collection companies licensed by municipalities in the region. 3 DESCRIPTION OF THE EXISTING COU ECTION SYSTEM INTRODUCTION The refuse collection industry in the Twin Cities Metropolitan Area is quite unlike the industry as it exists in most other major metropolitan areas. Most metropolitan areas have fewer, generally larger refuse col- lection firms servicing the region, or rely extensively upon municipal collection. In regards to residential refuse collection, the Metropolitan Area uses three different methods or structures for ensuring refuse is col- lected. The predominant method that is used is where each household by itself arranges for refuse collection services. The household verbal arrangement system serves approximately 500,000 households, or 69 per- cent of the region (see Figures 1 and 2). The role of the municipality is limited and typically requires a household to remove wastes at least once a week from the property. Some municipalities have mandatory col- lection which means that the household must hire a collection firm to provide the service. Enforcement occurs on an as needed basis. FIGURE 1 frig--; I hMKET SinUCTLIRE OF RErUSE COLLECT.GN: RESIDENTIAL SERVICE Number of Households Served total heusshotds In reQle199 721.3e0S b00. 000........................................................................... sag. led 499. a00 .... `............................................................. 228.199 .. ..................... 0'\�\\�\�j] 63.700 � \�\\\\Y C.Tr[4 9. Si0 Housshatd Contract MIA" lelpat :ranshiso Agrsement i April 1. 1904 Prov 101onal 4iau7ehetd Estimates. Me trace LI tan Council of the Twln Cltles Area 4 FIGURE 2 MARKET S O E :irN l OREFUSE OOLLE71ON; RESiDE'iIk- SEEVOE Percent Municip.aiities Served 1% Municipal 9% Franchise 2br Contract 64;: Household C) Agreement Numeric Totals Household Agreeteents 1:1 Franchises b2 Contracts 231 Municipals 2 Percent Households in Region 9% Municipal 1% Franchise 20: Contract 70% Household Agreement 1'wo municipalities contract for cmamercial refuse collection. 2 Four municipalities franchise for eonmrcial refuse collection. The second largest method for provision of refuse collection services is where a city contracts or franchises with one company for collection services. There are 23 cities that contract for refuse collection ser- vices with a private firm and six cities that franchise or license one collector. The only difference between contract and franchise collec- tion is the method of billing for the services. Under a contract the city is responsible for billing whereas the waste hauler is responsible for billing under the franchise arrangement. Of the municipalities that have contracts, 21 are competitively bid and two are negotiated. Of the cities with franchises, one is competitively bid, and five are negotiated. Cities that have contract collection serve about 145,000 or 20 percent of all the households in the region. Cities with fran- chises serve about 9,000 or one percent of the households. The method which serves the least number of households, 62,000 or nine percent of the region's households, is for the city to provide for refuse collection services itself. Only two municipalities in the region currently provide for municipal collection of refuse, the cities of Minneapolis and Farmington. Minneapolis provides collection ser- vices to half of the city or about 62,000 households and Farmington provides collection services to about 1,500 households. In regards to commercial and industrial refuse collection, waste gen- erators typically arrange for collection service on their own with a waste hauler. Four of the municipalities that have franchise arrange- ments for residential collection also franchise for commercial refuse collection. Two municipalities that have contracts for collection also provide for commercial refuse collection in the contract. All of these municipalities are relatively small, consequently, the commercial ref- use collection system is less organized than residential collection. L -r - Less is known about the manner in which industrial wastes are collected than for residential and commercial collection. Because no city pro- vides for industrial collection, it appears that industrial waste gener- ators rely completely on arrangements between themselves and waste haulers for refuse collection. REGULATORY REQUIREMENTS Most cities license refuse collectors operating within their jurisdic- tion; however, towns are less likely to license collectors. The pur- pose of licensing is to ensure that collectors operating within the city are reputable business operators and carry the appropriate per- sonal injury, accident and property damage insurance. Based upon infor- mation received from municipalities, Table I highlights the number of refuse collection companies that operate within a given municipality and their license fees and insurance requirements. Where information was available, the table indicates the number of collection firms col- lecting from the residential_and commercial sectors. Refuse collection companies must comply with other transportation re^_u- lations. Generally, these focus upon the vehicles operated by the com- pany and include requirements on the size, weight and safe operations. By far most waste haulers complain about the weight restrictions in the springtime. They are often subject to fines because it is frequently impossible to operate a packer and comply with the weight restric- tions. Transfer staticns would reduce total vehicle mileage and may permit collectors to use smaller trucks and remain competitive. Cur- rently, many haulers use very large packer trucks because they are more efficient if they must travel a great distance to the landfill. PROFILE OF 71HE REFU'S'E COLLECTION INDUSTRY In the Twin Cities the industry can be characterized as very decentral- ized, with concentration of companies at the small and of the spec- trum. Information obtained from listings of municipal licenses indi- cates there are at least 225 refuse collection firms in the region. A listing of all known refuse collection companies operating in the region is included in the appendix. Most of these collectors have less than four refuse collection vehicles. Figures 3 and 4 provide a break- down of company size by number of collection vehicles. Although the breakdown is imperfect because the Council was not able to obtain information from all of the collection companies, it provides a good perspective of the make up of the industry. Several firms are very large and can be characterized by the considerable investment of capi- tal in equipment such as packer trucks, debris boxes, roll -offs or other containers. The data shows that companies with more than 40 trucks make up two per- cent of the total number of firms in the refuse collection business. Though the international firms collect residential, commercial and industrial wastes, other large local firms compete with these companies for collection of waste from the commercial and industrial sectors. 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N L �[ L 'J v >6t� S G v C'� .V L ++ .� .r O C r+ � L a L a+ 7 �.r _V C .+ 7 ?E• O10 6_+ E J :7 N N • • CNNNN 3.1g 7 LaL 2OOLS cc L'aL2 NV/NNN iia=33 ^ N FIGURE 3 SIZE OF METROPOLITAN RESIDENTIAL, COMMERCIAL AND INDUSTRIAL REFUSE COLLECTION COMPANIES' BY NUMBER OF COLLECTION VEHICLES 1ie......................................................... .. I ' 58 -j{.............43................................................... e 2 e' 1-2 3-45-10 11-40 40+ trucks trucks trucks trucks trucks 1154 responses out of 195 haulers ccntacted. (total number of regional haulers is approximately 215.) Please note that various different collection vehicles are used with a wide range of capa- cities. Also many of the smaller firms work on a part time basis. FIGURE 4 PERCENT METROPOLITAN RESIDENTIAL, COM11ERCIAL AflD INDUSTRIAL REFUSE COLLECTION COMPANIES' BY NUMBER OF COLLECTION VEHICLES SX 11-40 2% 4e+ 12X 5-10I 63X 1-2 2eX 3-4 1154 responses out of 195 haulers contacted. (total number of regional haulers Is approximately 215.3 Pleas* note that various different collection vehicles are used with a wide range of capa- cities. Alga many of the smaller firms work on a part time basis. 9 It should be noted that in recent years there has been an increase in the number of local companies that have been acquired by the interna- tional companies, especially those local firms that have a significant percentage of their business collecting commercial wastes. About 79 percent of the companies have four trucks or less and their business appears to be concentrated in the residential collection busi- ness. However, many of these firms do collect from commercial waste generators. The small firms appear to compete effectively in this mar- ket only if the commercial stops are near their other accounts and are not significant waste generators. Specialized equipment is needed to handle wastes from large commercial waste generators. SERVICE LEVELS AND GEOGRAPHIC AREAS There does not apoear to be any difference in the type or levels of ser- vices offered by most of the refuse collection firms under either of the three methods for the provision of collection services. In gener- al, residential refuse collection occurs once a week. For commercial and industrial waste generators, refuse is picked up on a more frequent schedule or as needed. The collection of large, bulky items such as white goods, furniture, etc. will vary depending upon the market structure. For example, in Minneapolis the contract specifies that everything a homeowner puts out for pick uo will be collected, even large, bulky items. usually, under the household arrangement, households are limited to two or three 30 - gallon cans. Bulky items cost extra, although leaves and other vard wastes are usually collected provided it is properly packaged for col- lection. `"any cities with contracts generally provide for spring and fall clean up days to manage leaves, brush and bulky items. Some cities may require special types of pickup services for senior citizens. These arrangements are often specified in the contract where. a municipality contracts for the collection services. It is not unheard of that collectors operating under the household agreement mar- ket arrangerent will provide cost differentials to senior citizens. A significant percentage of large household goods are handled through other collection service providers such as Goodwill, Salvation Army or American Council for the Blind. In essence these organizations provide for recycling and capture of significant quantities of white goods, textiles, furniture, shoes and a myriad of household items. A number of the smaller refuse collectors focus upon particular waste streams. It is difficult to quantify but it appears that some haulers work on a part-time basis and collect, possibly salvage, and dispose of demolition wastes, construction materials and other items. In our con- versations with the collectors, the Council found that some collectors who handle residential wastes are part-time too.. These collectors work primarily in the evenings or Saturdays in addition to their regular job. A small number of collectors are primarily in,other business such 10 as landscaping, and collect refuse on the side. It is difficult to quantify the percentage of collectors who operate in the refuse collec- tion business on a part-time basis. Most collection companies operating under the household contract arrangement try to keep their business within a certain geographic area, for example the Midway area of St. Paul, or North St. Paul, Maplewood and parts of Roseville. It is to a collectors advantage to keep travel time at a minimum for efficiency. In some cases there may be five to 10 companies operating in a particular neighborhood. As can be seen in Table 1, some municipalities have up to 12 different companies operating in the city collecting residential refuse. A simi- lar situation exists for collection of commercial wastes. Most haulers under any of the service arrangements provide good service to their customers or at least satisfy the expectations of their cus- tomers for refuse removal (out of sight, out of mind). Local surveys indicate that most people are satisfied with refuse collection ser- vices. So do national studies which show that everyone is satisfied with refuse collection a tribute to the industry. 11 EVALUATION OF NEED FOR ORGANIZED COLLECTION 1 CAN ORGANIZED COLLECTION IMPROVE PRODUCTIVITY AND REDUCE COLLECTION COSIS? Collectors use a variety of ways to establish a price for waste dis- posal. The costs of refuse collection and disposal may depend on the type of material; its location in relation to the landfill and on the collector's route; the size of the collection crew; frequency of pick- up; the type and size of container the refuse is in; the need for any special collection equipment; and whether the pick up is curb -side, alley or walk-up, and the pricing of competitors. Prices for commercial and industrial waste collection vary. Based on information taken from license applications from the City of St. Paul, commercial rates vary from S23 per month for weekly pick-up from a one cubic yard container to $220 per month for a 40 cubic yard con- tainer. Table 2 identifies the range of prices for collection of commercial wastes within the City of St. Paul. Table 2 COMMERCIAL REFUSE COLLECTION CHARGES IN THE CITY OF ST. PAUL, 1985* MONTHLY CHARGES FOR WEEKLY PICK UP Cubic Yard Capacity Rate Range of Containers Low Hich 0.5 S 30.00 1.0 23.00 - 37.00 1.5 22.50 - 4C.00 2.0 27.50 - 46.00 3.0 32.00 - 42.00 4.0 40.00 - 50.00 6.0 60.00 - 65.00 8.0 75.00 10.0 100.00 15.0 125.00 - 150.00 20.0 140.00 - 170.00 25.0 150.00 30.0 170.00 - 200.00 40.0 190.00 - 220.00 *Source: Licensing applications for refuse haulers in the city of St. Paul, Minn. 1985. For residential waste generators, the price for collection services depends upon many factors including the market structure for delivery of services, the type of service (alley, curb or walk-in) and level of 12 service (bulky items, recycling service). Table 3 shows the differ- ences in costs to the household as a consequence of the different market structures, that is, household verbal agreements, franchise, contract or municipal. For those households where the municipality contracts for waste collection, total costs to the household (TCHS) averages $6.03 per month. TCHS with a franchise arrangement averages $7.03 per month. Where an individual household arranges with a waste hauler for refuse collection, the TCHS averages $8.21 per month. Under the municipal collection arrangement in Minneapolis, the TCHS averages $7.02 per month whereas the TCHS for municipal collection in Farmington is $8.67 per month. These costs are averages and do not reflect differ- ences in the type of services provided for or whether the service is curb -side, alley or walk-in. It should be understood that all households will pay for refuse collec- tion when the city contracts for refuse collection. Under the system where each household arranges for refuse collection services, only those households desiring the service will pay and oftentimes two or more households will double up on one account. Some haulers estimate that about 10 percent of the households in the St. Paul area do this. Table 3 MONTHLY SINGLE-FAMILY DWELLING RESIDENTIAL REFUSE COLLECTION CHARGESI Mean Monthly Mean Seniors/Disabled Market Structure Monthly Charqe Charge Household agreement2 $8.21 $5.57 Franchise2 7.03 4.44 Contract3,4 6.03 3.64 Municipal: Farmington24 8.67 N/A Minneapolis 7.02 N/A 1Mean monthly base rate for weekly collection of a 60 -gallon refuse contain (or the equivalent) curbside. 2Not including walk-up service, bulky items, extra collection. The majority do not use transfer stations. 3Approximately half include bulky items, spring clean up. Only Minneapolis includes walk-up service. The majority do not use transfer stations. 4Minneapolis includes walk-up service, bulky items, extra col- lection, but not commercial or industrial wastes. 13 Why is it that refuse collection is more expensive when the household arranges for collection services than when the municipality contracts for it? For studies completed by the Center For Government Stud- ies of the Graduate School of Business at Columbia University have shown that prices paid by households for contract or franchise collec- tion where it was mandatory to use the designated private collector are lower than those prices paid by households who use a private firm which is not under contract to the city or which does not have an exclusive franchise. The studies noted that the difference in price can be attributed to economies of scale and economies of contiguity (for example, the ability to service all households along a given route, thereby reducing travel time between stops) achieved by firms under contract and exclusive franchise as well as lower billing costs associated with firms under contract. The study was based upon a survey of 2,060 cities with a combined population of 52 million people. A recent study completed for Carver County by John and Michele Genereux described the refuse collection industry in the county. Although stat- istical tests were not completed on comparing the costs of providing refuse collection services among the municipaiities within the county, Table 4 shows that monthly costs to the household are about SI -5C to 3.20 per month less where organized collection exists. For example, households in the cities of Mayer, Hamburg and New Germany pay S5.73 per month for refuse collection as opposed to households in the cities of Chanhassen, Chaska, Carver, Victoria, Cologne and Waconia, which do not have organized collection, pay S7.80 to 9.50 per month. All the waste in Carver County is disposed of at the Louisville landfill. *Source: A description of the private was Carver County. For the county of Carver. Michele Genereux. Feb. 26, 1985. 14 hauling system in Table 4 CARVER COUNTY RESIDENTIAL REFUSE COLLECTION CHARGES TO HOUSEHOLDS* Number of Median Monthly Community Haulers Residential Rate Carver 2 8.00 Chanhassen 7 7.00 - 9.50 Chaska 5 8.00 - 9.50 Coloone 5 7.80 - 9.50 Mayer/Hamburg/'dew Gerrnany 1 5.73 Norwood 1 6.60 Victoria 3 7.80 - 9.50 Waconia 2 7.80 - 8.00 Watertown 1 6.30 - 8.00 Young America 1 6.30 *Source: A description of the private was Carver County. For the county of Carver. Michele Genereux. Feb. 26, 1985. 14 hauling system in The elimination of overlapped collection routes provides for increased efficiency for collection of wastes. It allows a collector to pick up refuse from more households within the same amount of time. The city of St. Paul, when it considered oraanized collection of refuse, esti- mated that a collector could do at least 50 more pickups in an eight- hour day, an increase of 20 percent. Waste collectors in Minneapolis noted similar increases in efficiency when collection services were organized. Additional efficiencies could be achieved with the establishment of transfer stations in the region. Even if collection routes were organ- ized, all haulers in St. Paul for example, must still travel at least 30 miles to the landfill. Each collector spends at least one hour and 20 minutes on the average delivering waste to the landfill. A transfer station would permit a hauler to collect from more households if less time is spent traveling to and from the landfill. Similarly, labor costs are reduced because more households can be serviced within the same amount of time by one person. Transfer stations significantly reduce operating and maintenances costs of refuse collection. However, they do increase the capital costs of solid waste management. These costs should be considered in view of the reduced mileage and travel time spent by refuse trucks going to the landfill. Currently, there are few transfer stations in use in the region. The travel distance to the landfill is an important factor in the costs of solid waste management. All the municipalities in the region that have some form of organized collection system with a contract are listed in Table 5. Costs per household range from 53.88 for Wayzata to $8.50 for St. Bonifacius. There does not appear to be any substantial difference in the type or level of service provided to Wayzata or St. Bonifacius. Other fac- tors, such as the distance from the cities to the landfill, the one con- tractor might have bid the job at a loss, may play a role in the differ- ence. Some of the differences in costs among the cities with contract collection are attributable to different levels of service (curbside or alley pickup versus walk-up); collection of bulky items; distance to the landfill; recycling programs; and profit percentages. Administra- tion and monitoring costs amount to about five percent of the total cost of the contract according to the study be Ecodata, Inc. It is unclear whether cities recover their costs for billing expenses. Some contracts specify the company to provide an on-call supervisor for handling complaints. Altogether, cities that have organized refuse collection have service costs about one-fourth to one-third less than those relying on individ- ual households to arrange for collection services. The cost for refuse collection to households in contract cities is consistently less expen- sive than for households that make their own arrangements for refuse collection. It appears these cost differences can be accounted for by the market structure of the collection services, that is, organized versus unorganized. Other unknown factors may play a role in the cost 15 16 "� to e••f �a oovoo a v cNi o ooaNi oaNi aNi o 000 L 2 2 Y 2 2 r Y a 2 Z Z >• Z Y r 2 Z Z r m A O J y�y nvI T i � V lY ,J! CC N N N N N d d YZ SY> Y- Y 2 2 Z ZY Z Y Z2 Z Y Y 2Y L y� m=UI Li 37 W N 7 w _ n++ C L d d d d a v d d d d C C O L C- c O OC C C O O C C = C, = E y ;� ► V a --1 C C r..o 2 2 17 cO 2 2 2 2 2 2 2 2 Z q XCL 'al t!f CL A d •C �I S c..1 �•• C d W z • v N � V N N N N N N • N L L i L • N N N L L L L N N N N L L L L N N N i L L L C.i U e L L L L L >.TTTT L TTTT T TTTTT T TTT T �•`TT d C S f L d C C N I['1 In N to n N t�f t-1 en est PY d H~ U V u A C r L O n V L^ dl O O OL9,u9 ^ Jr N N V q q NCyI r+ yr 6 d V V d L y� 1� N In X I� I"� O �G InGc� 1'S 1 N .G �L" � P•1 y 61 r � t "1I C iO) C C •O r� f"1 f� �O �O 4] •O If'1 e� � .r u'1 � C �'1 IL1 h- '1'1 �O f� u7 .a la7 �n P� C e•'1 !� �O � a+ .1 O.t C O W 2 � O L >+++ _ 7- T yI N 07<� f•'1 :l.N G N CONT O r• ri�N O f•1 CC N K1O N L O y.� 6. n N en f� �•. �G e� T N N .••. C K'f In f� N 10 en e•'1 N r r^I f" �I C y O N lu 'L. 7 r C N d �O N N N O �C �O C In O .• �G N •G N C e OO In C ...w� 7 ++L EN + e�uf u's�0 O�^O �O C ^�vloe c N .�• -• O R7 e•1 O r. In u'1 L Ne^ r � X15 r� r� A ..n l*1 ... •..• !� �.•i �••• 47 P'1 f ^r f� N 1 }4 N W A V N t t y41 A •� N Y L W 2 A 1 0 V A 0 !fid aCL. J N E A y q A U r AL2 d T O n Y C N G rl L L .r y T C O 6J q O 61 e m■1 _ O L y .0 q N L C a �•+ d A C O O y L 6! O N N NN Y 3 2> "•'!V <m clay D W 16 differences. Figure 5 highlights the differences in cost to the house- hold per month for refuse collection when there are one or more haulers servicing a municipality. The increased costs in the household agree- ment system which averages $8.21 per month are due to the extra costs associated with the non -exclusivity of collection in a given area. Municipalities or townships with franchise collections are listed in Table 6. The costs to the household per month under a franchise arrangement range from a low of $4.32 for Jordan to a high of $8.75 for Afton. The average cost per month for all the franchise arrangements is $7.03. All but one of the franchise agreements are negotiated between the waste hauler and the city. There is little information available to document whether organized collection of commercial and industrial refuse could result in cost savings to the waste aenerator. Based upon the available data from residential refuse collection, it is reasonable to infer that some of the diseconomies associated with each commercial waste generator arranging for refuse collection exist as it does for the residential sector. Presumably, some cost efficiencies could be achieved if ser- vice to commercial waste venerators could be provided for in conjunc- tion with organized collection of residential refuse. Additional study is needed to document whether a reduction in costs is realistic. Fur- thermore, the practicality of an organized collection system for comrer- cial waste generators depends on several factors including the type of waste requiring disposal, frequency of service, proper collection equip- ment and suitable pricina arrangements. Appropriate commercial estab- lishments could be folded into an organized residential collection route. Refuse collection services are in many ways similar to a utility's function and services such as water, sewer, or electricity. The demand for refuse collection services, as for most utilities, is inelastic, that is people have a need for the service but do not demand more ser- vice if the price goes down. If demand is inelastic, economic theory says that tax increases will pass through to the consumer of the ser- vice or goods. Households in the region have experienced increases in their bills as a direct result of the surcharge on tipping fees at the landfill. Most increases were about 50 cents per household per month or $6 annually. This is approximately the increase that could be expected as a consequence of the surcharge if it were all passed directly back to the consumer based upon the amount of waste generated by a typical household in one year. At least one contract between a municipality and hauler, Hastings, was recently renegotiated as a direct result of the surcharge on disposal fees according to a city official. Columbia Heights provided a clause in its contract for com- plete reimbursement of additional landfill fees approved after 1985. 17 Figure 5. FREQUENCY OF RESIDENTIAL REFUSE COLLECTION CHARGES (MAY 1985) 40 35 30 10 5 L 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13.0 14.0 Monthly Single Family Collection Charge in DoAars (rounded to nearest half—dollar) Source: Metropolitan Council survey, May 1985. 18 ✓ N c E E S. O o O O d O �i 2 2 22 Y2 A Lj 19 GC) N � N C C 7 0 0 N O N O •�• A^•• Z Z Y 2 Y 2 i N U NU �I lA m Q .•. N N1 G A N N O N C N Y Y 2 Y 2 Y m � 51 C � O N V '•- F— E A N v W > a c E A^ N N d O O C O c C J O C ^ 2 2 2 A G A y v W H d LL W C N QI W C �p C W ✓ = C N • N N Y C H O L ... •-•• tL1 �..• N In T C 07 ✓ L a 3 � Cl Ni •e N W A OI f'1 :!1 ✓ r U F- C N L lm m V A N•� Uj C Q O U y U N J NI Ln m N ✓ L' O L OO CL C C L > Q ✓ A N N E r Q N 01Q n N Q R1 O Q NIC C. C C N•r L rn NN ✓ N C' C N C C N CJ L ^ O wiN W C � T ✓ N N N t1 N en co N{V ✓ �J A '^• Om NKf C,0 N cu ++SON Cr+N G NI >�E N W C ^ V S A U i p � O O r. O� •^ C G✓ A _a L •� N A � � A Q+ N N � N✓ i C C m L y m cua S ✓ i C N L^ r + N AO = 6 m L) S ••� S .••i N Rf 19 CAN ORGANIZED COLLECTION Rf DUCE ENVIRONMENTAL IMPACTS AND IMPROVE \ Organized collection does reduce nuisance impacts associated with sev- eral refuse collectors picking up waste on the same block. Organized collection reduces wear and tear on roads and improves air quality because fuel consumption is reduced. Organized collection improves public safety because fewer miles are traveled by garbage trucks thereby decreasing the potential for accidents. The expected life of any street or alley surface is related to the traf- fic which is carried by the street or alley. The roadway surface is particularly affected by heavy wheel loads. The effect on a roadway of one refuse truck is equivalent to 1,500 automobiles. This figure has been documented by the Research Section of the Minnesota Department of Transportation (Mn/DOT) and is currently used by Mn/DOT in street and highway design. In its organized collection efforts, St. Paul estimated to what degree the life of a street can be extended if refuse collection were organ- ized. The city assumed that if under the current system, where each household arranges for collection, traffic volume on.a given street is 500 cars per day and five refuse trucks per'week, the equivalent traf- fic on the street amounts to 11,000 cars per week. Under an organized collection system with only one refuse truck per week, the equivalent traffic on the street is 5,000 cars per week. The comparison shows that the effect on the roadway by traffic may be substantially reduced. Realistically, all streets might not last substantially longer under an organized collection system because roadway life is dependent upon many other factors than traffic. However, traffic does have a significant effect upon roadway life. These additional roadway costs are external costs passed on the the city as a consequence of each household arrang- ing for refuse collection. The reduced mileage that refuse trucks travel can reduce the potential number of accidents involving garbage trucks. Reducing the number of miles traveled by garbage trucks reduces traffic congestion and may reduce the number of accidents. Emissions of air pollutants would be reduced because garbage trucks would reduce total mileage. The precise reduction in pollutants as a result of moving to an organized collection system is difficult to predict because there are both gasoline and diesel powered collection vehicles, and it is difficult to estimate the reduction in traffic congestion and miles traveled by garbage trucks that would be achieved by organized collection. The emission rates of pollutants vary accord- ing to the speed of the vehicle with more emissions at lower speeds. Emissions of importance include hydrocarbons, carbon monoxide and nitrogen oxides. Heavy duty diesel trucks also emit particulates, 20 sulfur oxides, aldehydes and organic acids. Of particular concern are particulate emissions from diesel engines because they contain poly- nuclear aromatic hydrocarbons (PAH) which are known carcinogens. Organized collection is one of several methods that could improve neighborhood aesthetics. It could eliminate the unsightliness of containers set out for collection sometimes every day of the week on some blocks. Organized collection could discourage illegal dumping and stockpiling of unwanted and unsightly items in backyards because the costs of removal are generally extra where a household arranges for collection with a waste hauler. Reducing litter, dumping and stock- piling could contribute to public health and safety. CAN ORGANIZED COLLECTION FACILITATE IMPLEMENTATION OF THE COUNCIL'S OLID WASTE GUIDE CHAPTER? This section of the report will evaluate to what extent organized col- lection can facilitate attainment of the objectives for waste manage- ment contained in the Council's solid waste policy plan. Three main areas of concern are the objectives for recycling, management of house- hold hazardous wastes and improved data collection and management. Organized collection of mixed municipal solid waste will not necessar- ily increase participation in recycling activities or the amounts of materials recycled. The hauler providing collection services for recy- clables, if operating under the system where each household arranges for collection services, is at a competitive disadvantage because the revenues from recyclables may net cover the additional collection costs. This is one reason why few refuse haulers in the Metropolitan Area provide for comprehensive recyclables collection. If a hauler does provide for recyclables collection,, it is probably for a limited number of materials, that which can be collected in racks attached to the packer truck. In some communities in the Metropolitan Area where franchises or con- tracts are provided for by the municipality, some haulers are providing for recyclables collection or separate collection of yard waste to reduce their cost at the landfill. A municipality can more easily pro- vide monetary or other incentives to the hauler, household or business to participate in source separation activities if collection is organized. Under the system where each household arranges for collection service, haulers have the opportunity to assess the household's fee based upon the volume of refuse collected. As land disposal fees rise and become a greater percentage of total cost of solid waste management, one would expect differences in monthly rates attributable to the amount of refuse generated. This provides direct feedback to the household or waste generation as opposed to most existing contract arrangements where all households pay the same monthly fee regardless of the volume of waste generated. However, a variable rate could be established under a contract arrangement if so desired by the municipality. 21 In regards to data collection and management, a municipality with organ- ized collection, depending upon how it is implemented, more easily can facilitate the development of a comprehensive data collection and man- agement system for solid waste. Organized collection could facilitate collection of information about the quantities of waste generated, recycled or processed in municipalities by population or households, or businesses. This information could be used by the Council and counties to target incentives for abatement programs and focus the direction of the Metropolitan Abatement Fund grant and loan program administered by the Council. CAN ORGANIZED COLLECTION INTEGRATE OR ENHANCE EXISTING COUNTY AND LOCAL AUTHORITIES FOR 'WASTE MANAGEMENT? Currently, municipalities have the authority for provision of waste collection services. Municipalities have the authority to implement resource recovery facilities by virture of its authority over collec- tion of waste. Counties, on the other hand, have responsibility for overall waste management within the county but may not have the authority for requiring collection services. Consequently, in the past, development of resource recovery facilities by the counties is made more tentative because of their lack of authority to ensure a waste flow to the facility. Currently, state law provides counties with the authority for waste designation. This authority enables the county to direct the flow of refuse to a designated resource recovery facility. The provisions enabling county designation were adopted in 1980. The general issue of need for designation (flow control) has been debated by the legislature -or the past 10 years. When the Legislative Commission on 'Taste Management was created in 1980, it was charged in part with studying alternative methods of insuring adequate waste supplies for resource recovery facilities. The Commission's report, completed in 1982, concluded that the feasibility of resource recovery facilities is dependent upon waste supply, the soundness of the tech-_ nology and markets for the recovered product. The Commission found that the waste stream must to assured in some manner to assure _financ- ing and to permit efficient operation. Generally waste is assured by requiring delivery to a facility, but the Commission recognized that under rare circumstances, such as the lack of any other disposal alter- native, explicit waste assurance might not be needed. The system of refuse collection where each household and business inde- pendently arranges for waste collection service makes the development of resource recovery facilities more complicated because an individual hauler cannot guarrantee delivery of waste to a resource recovery facility. From day-to-day or month-to-month, the waste generator's decision on which hauler to use can change. Though the waste is still there and must be collected, there is no assurance that the new waste hauler will deliver the waste to the same facility the previous collector used. 22 In other parts of the country, several resource recovery facilities rely on long-term contracts with municipalities for their waste sup- ply. In some cases the municipal workers collect the waste and in others, the city contracts with private haulers for the service. In these cases organized collection merely substitutes municipal designa- tion for county designation. Because few Twin Cities communities pro- vide collection service, this approach is not available in our region. There is only one municipality in the region that generates enough waste by itself to construct even a medium-sized resource recovery facility, that is a facility that could manage about 500 tons per day. Currently, none of the Metropolitan Area communities that contract for service specify where waste is to be delivered for disposal; that choice is left to the hauler. Specification of a disposal site, however, could be incorporated as part of the service agreements. This is one way in which organized collection could potentially be a strong complement to wase designation. If successfully negotiated, contracts between resource recovery facilities and municipalities could provide for delivery of adequate waste supplies. In a parallel vein, haulers operating under collection service agreements would have an enhanced capability to contract with recovery facilities for delivery of waste. In either case, the effort and complexity required to enforce waste designation could be substantially lessened. The degree of this effect would be directly proportional to the length of the contracts. 23 LIABILITIES AND DISADVANTAGES OF ORGANIZED COLLECTION There are four potential liabilities or disadvantages to organized collection of refuse. Organized collection reduces an individual's choice of garbage collectors, requires additional municipal involve- ment, broaches anti-trust issues and could potentially adversely affect existing refuse collection companies. Households that currently arrange with a hauler for refuse removal would no longer be able to select the hauler of their choice. This runs counter to the nationwide trend of permitting individuals more choice in the type and level of services desired. However, a survey by the Minnesota Center for Social Research completed Mar. 29, 1985, showed broad-based support for municipal control, with 77 percent of those respondents who now select their garbage hauler willing to let the city decide, although some agree only if it reduces their cost. There was a small minority,_ about 11 percent of the population, or about 20 percent of the respondents who selected their garbage hauler, who felt strongly that they wanted to retain choice. The study sug- gested that this group be studied further to identify their concerns. Organized collection will require municipalities with unorganized refuse collection to become more involved in refuse collection issues. Because there is a great deal, of satisfaction among households and bus- inesses about the manner in which refuse is handled, it may be diffi- cult to explain why additional government involvement is necessary.. Municipalities will have to overcome the concern, "If it ain't broke, why fix it?" Although the cost differentials to the households of the different market structures is not great, the sum of the costs to all the households in the city over a period of a year's time can be signif- icant.. For exanole, if St. Paul went to an organized collection sys- tem, it could expect an annual savings of at least 51 million based upon 64,986 single-family housing units and a 51.50 differential in cost per household per month. Municipalities will incur costs associated with administration, billing and monitoring performance of the contract. Billing can be done in con- junction with other municipal billings such as property tax statements or utility bills. National studies show that billing expenses are much less if handled by the municipality rather than the waste hauler. Administration and monitoring costs amount to about five percent of the total cost of the contract according to the study by Ecodata, Inc. How organized collection is implemented in the region may be affected by anti-trust law. This matter requires additional study. Implementation of organized collection by municipalities has the poten- tial to adversely impact some refuse collection companies. An increase in productivity means that fewer people are needed to perform the same 24 function. Consecuently, fewer collection crews would be needed to col- lect refuse under an organized collection system. Whether this means a reduction in collection companies depends upon how organized collection is implemented. The businesses of some waste haulers, particularly those operating part-time or collecting waste as a job on the side, may be adversely affected. The implementation of the waste management system envisioned by the Council's solid waste policy plan may work to offset any negative impacts upon the collection industry as a result of organized collec- tion. The provision of collection services for yard waste, recyclables and household hazardous wastes may compensate for the reduction in the labor force if organized collection were implemented by a significant number of cities in the region. Also, there is an opportunity for new business ventures into management of the yard waste compost sites or recyclables processing facilities. The expansion or development of new industries as a result of increased recycling activities could also increase the demand for labor. 25 FINDINGS AND CONCLUSIONS I: Organized collection may reduce the costs of residential refuse col- lection by increasing collection efficiencies. Additional study is needed to determine if organized collection may benefit commercial and industrial waste generators. 2. Organized collection reduces adverse environmental impacts when more than one hauler services a given area or provides the same type of collection service. 3. Organized collection does not inherently increase participation in recycling or other abatement programs. It can be implemented in ways that would help to achieve the abatement objectives of the Solid Waste Management Guide/Policy Plan. 4. Organized collection cannot substitute for waste designation by the county, but can complement it. 5. Municipalities and towns have adequate authority to organize col- lection of residential refuse. 6. Organized collection of residential refuse may be a net benefit to solid waste management because it may reduce costs and environ- mental impacts; help implement abatement programs.; and improve information about waste generation, composition and abatement. 7. There is no need for a regional system for implementation of organized collection. However, individual communities should consider the potential benefits of organized collection. 26 BIBLIOGRAPHY Annual Report, Sanitation Division 1983. Minneapolis, Minn. Taking the 'Waste Out of Minnesota's Refuse. Citizens League, Minneapolis, Minn. Aug. 1975. Keeping the Waste Out of Waste:A Proposal to Minimize the Risks by Decentralizing the Solid Waste Disposal System. Citizens League. Minneapolis, Minn. May 1981. Comparative Study of Municipal Services Delivery, Refuse Collection. ed. 6 arbara Stevens. tcodata, inc. New York N.Y. 1984. John P. and M. Michele Genereux. A Description of the Private Waste Hauling System in Carver Countv, Minnesota and Preferred Landfill Abatement Options for Private Haulers: ; esu is of Interviews with 'Waste Haulers Conducted in Feb. 1985. Carver County, Minn. 1985. Pr000sed Residential Solid Waste Collection Plan for St. Paul, Minn. Citizens" Solid Waste Committee and Dept. of Public Works, St. Paul, Minn. 1979. E.S. Savas and Barbara Stevens. Evaluatino the Oroanization of Service Deliverv: Solid Waste Collection and Disposal. Center for Government Studies, Columbia University. New York, N.Y. 1976. Barbara Stevens. "Scale, Market Structure and the Cost of Refuse Col- lection." Review of Economics and Statistics. Aug. 1978. 438-448. Dennis Young. How Shall We Collect the Garbage? The Urban Institute. Washinoton, D... 197. 27 APPENDIX R6EFUSE COLL=..T:G"i =S CP 1`13 .' -H= RSC: C. __. ,.. A ' A Rubbi sii R e M C V a Amer i can Sys .ems Inc . � Bateman' s Rubb4 s^ ..Nova' 21 _ - 3Gt� AV. . S . 8- W. Wa ter St . 2239 �,a :terror^ . minneapol s, M,';='G5 St. Paul , ''",i Sc1_07 St. Paul, MN 55:19 AA Rubbish Service, :rc. Ray Anderson & Sons Cos. Inc. Bautch Disposal Ser••/ice 1300 Winslow AV. 930 Duluth St. 10264 Xylite St. NE. :lest St. Paul , MN 55113 St. Paul, MN 5510' Minneapolis, MN 5541.:- A & B Trucking Anderson's Hauling Beckers Sanitation 187 James A./ N. 6925 Humbolt Av. `i. 18681 Yakimna neApol'S, ;i 1 55�CS Brockl yn Center, MN 55429 Anoka, M` 55303 ^t�Ce 'RU:b rIr5r .. Beer—mann Services 72V Sunr.y ..-cres 6900 Dixie ,v. B u r n s v i',' ? , >.tN 5 - St. R u . , "",'; '^102 Inver /. ^rove Aagarc Sacita:ic�- ;;rdy's 04soosal Ser,/,. C-2 Be' I Aire San", or _ery c 33C8..- _ �n ;v. =. 781 En^ eN ct A:. 86-8 N. 7: St. _ M e a o c 5,PA+:, „ ��1 J�ill'r/a�c", :'""i ��.?= -c 50 s_ -r N v' M B :st„m uck4n _ ; _ _C ..a. 3.18 '0 -J4. 17 CG 5.8z.n St. 5860 - 73 Av. N. A.noxa, ,, 55303 Minnea^o.is, ,A.! 5,-2C Brooklyn Park,, -MAI :, --- Acticn C4sc::sa. �;;s:e�^s, :nc. Art :r'illman 1 Son. 7ruc'king Ken Sercuist & Son 4300 E. c_. 52 - 25th :mss. N. 1232 Ju1 ie� A.v. Inver :r:ve 'e, ^ �s , ''+N :,EG _ 5 _ ;+,, r,1eapa' i s , YIN' .._' _ _ St. Paul , MN 57 _C5 Adams Disposal Baldy Sanitation Big Garbar,co ?. 0. Box 73'42 5906 Henry St. 15238 Central Av. N, Mi nneapo i i s , ;IMN 55107 Maple Plain, Mill 55355, 03 Ham Ake M l 53�� Admiral Waste Management Barnes Sanitary Service Bi11's Sanitation 8275 Tamarack Trail 1917 Emerson Av. N. 1570 Waterloo Eden Prairie, MIN 553414 Minneapolis, MN 55403 South St. Paul, MN CC'C Al's All Season Bateman's Rubbish, Inc. Blakowiak & Sons 114 Russell Av. N. 520 White Rear .4v. N. 1195 Sunny`ield Rd. N. Minneapolis, MN 55411 White Bear, '"N 55119 Mound, Mil 5536= 28 Block Sani :at" :n Jimmie Cas ni 11, Inc. 57''1 - t0 1,'J. NI. 533 S. Victcr'a S'.. a-rcC:<iyn ?ark, MM 5:- St. Paul , M 51 2 5cx inc. Chaska Sanitation X010 Concord 3 1 v d . 1239 Valley St. -r Inver Giv =alerts, MN 555'0;5 C:aska, MIN :5313 3r=nnar ?u_44s^ City Clear, -U o 21-15 Univers'zy Av. '.4. 145. Perron d. s_: Paul, Mil 551, 1", Pau", , 'd''! 5512 5r^,,ckI jn Ji S ccsal City Clean -U: 73358 N:,. 1:: '_a. 2841-1 Surns :_ „v. Anoka, �-1N :S3C0 Eagan, 11?1 55121 _25x5'.hcc-a :s'-nc ;v. S. Box 220 Sava -_e ,°X .0 3;S _ore L a<e, N!N Joh.nr.'e Cc:)i 'Ui':c'' .=V Sti ..'rte:=r, r`.'i .�C�2 St. Paul Caron =; o s.- :erva �1552 Carrow Sani = .ion ndala _a. ZA.; .r...:32- _ .t. Ken Carlscn Cis.:OSal _er'/"Ice Countrywide Sanita_40n P. 0. Box 32: = Inver Cr. Isant' MN 350=0 Circle Pines, 11"! 55104 , Car::enter Countrywide_ Sani _ati,n ;^-=3 ;nail inc AV. Box 11 St. ?.�' , m:44 :5112 Montrose,XN .57 53 Dana's ECO ._rvt-_s 3313 Valley Vlew .r. Burnsville, mm Dan's 04ssposal 309 4W. 202 La. Cedar, MN 5.2011 Jave's 4o11 Service 3301 Lovell Rc Mew Bri _''ton,. Dave's Sani:a:ior /1072 am_' -ame' , ilii 55.23 'annY'S =ci oependa5lc S. _-S 105 C-11 o'/er L_ . r2 i ! 0 1 U � a U 6J7 - 1? 0 & 0 Haul in; 123; Farri rs:or. St. Paul, MN 5511_ Dick Cl eenmer Sanitatici Serv. . 21.338 Codd Blvd. Lakeville, Mil Casarcva 3r, ^ars 7r;c:rir_ Cross.oNr. Sar ; ::.:icr,, .r,C. Oirty Jim's aut6%1sn a-movai 515 06,40 10110 - 33 .;v. N. 751 i0wa Av. 1:1. Sc. Pa..;, , Ali! 5!1,67 Pl ymou MP! :31'=; St. Paul, M:; 29 IL posal Systems, Inc. Expert Disposal, Inc. Gun de -so r Ru1Wt; 915 IN. Al:ert 1320C Pilo, Knob Rd. 1385 - 2nd Av. St. Paul , VIN 5512. Apple '.alley, MN 551241 Newport, M.N 55055 Do All Service Forest Lake Sanitation Gustafson Sanitary Serv-1ce 12863 Keller Av. N. 8247 - 178 La. 2741 - 12 Av. S. Hugo, MN 55038 Forest Lake, MN 55025 Minneapoli is, MN 55407 Dugan Sanitation Service Fragrance Solid 'Taste, Inc. Willia,,, Guy Sar;tation Se'. _ 4070 Cavell Av. N. 99 - 99th La.14. Box 23, Rout= : New Hope , MN 542° Coon Rapids, MN 55433 Stacy, `^N; Eagle Sani_at - Franck's Sanitatior. -loyd . �. P. 0. Box 125 131 Casper St. 1355 F s^ems are Ne.vp^tet, Norwood, '`1,; 55358 aiiite Eear _ake, ''tl E,a . e Sari �C: _ Gall3C'?er's Sarv,ce, TnC. Hastings San i = =.'gin ='` 1 9V N E. a01. Ins .'1l cnG -ury,inn2apoi .s, 'a. 5=4 ^ =ast;ncs, E3s -onfs Sa^ i �.t' o^ Gene's Oi s_posa i Servo _e Ha'u1-r.-Ila ; System. s 8100 Ocn e_�,`J. Nc-. DOUG it. 1_i St ALJ Jin 4. tal cI.t Ri�'Jer, �.�4 ,552_^U Jlhite Be=r �z{e> "111 H" St. PcU�, i`��i Coen Pr? . r-11 e 'rasa:r:.^, i cs Govner soosal Hi C h I d 'ark _.:.. a _ ... . „Z 7298 ?ra'ri; =_w 3r. Z. 0. Box 6 1801 Cent.;ry Avceil . ,._en e, ,.. __ , - NewportIIS �G,_ Newport,, MN Ed's Trucking Gordy's Roll Off Hiiger Transfer 333 E. Lawson Av. 402 N. Main St. 8550 Zachary La. St. Paul MIN' 55101 Stillwater, MN 55082 Maple Grove, MPJ 55309 , Eisinger Sanitation 15843 S. 45 St. Afton, Mil 55001 Gordy Rubbish Removal 637 - 4th Av. S. South St. Pau i , M-11 55075 Hillcrest Sanitation 6743"i 1 i tart' Rd. Woodbury, M,11 55125 Elk River Sanitation W. 0. Gray Trucking Holiie's Rubb'sh Service,. 14889 NZ. 81 St. 1036 Central Av. W. 2109 Lowry Av. N. Elk River, MN 55330 St. Paul, 'AN 55104 Minneapolis, MN 55411 joii'e's tu�bisn Service, :nc 3 33 : ". 'M ice - crr•:an 321 E Arling.3n Av. St.. Pau; , MM ZUl"ph-ey's pu3 v45' 970 Cer:ral ;=v. °/i. Dunker CBnjtatiCr 417 -Mar I a 1 Stillwater, t•!it, Ben Kar -as Trucking 515 Century Av. Mewport, 'MM 55055 H. P. Kelley Hauling :er/ice 3930 - 3 A . S . Minnea^olis, mm, ac;,�s� :-•"•� == :', :nc. dear -"i: 7Sol^:,_.,_ �/. 10010 -rerzon La. ai_, .,; 5.'2. Gssec15736; /i n ,: ., 0 • ;ox 22- �� a �'/e .•r. '�. _ $5v - �• Av. _u i , ;!i+, 33 _ 3 ;'!i nneaco i i s , MIN :3-= 4.mes _c' ._ 'ate,__ S;c'sa s� 31 5"*scayre IV. 1 i A,1 V ♦ .;' \ I.;♦ r r V C i C V U+ , i .! 1 1 r r Its Inc. St. rtilcn•/ S • ?atll , M1, rr/J� Krause Ru' --b i iii Pe:-ova1 ' •.2 1:20 .i• 7 Ste. St. Paul , XN 53102 Kieth Kr=jpenny & Sors 1211 Hail Av. West St. Paul, ".?, :3'.__ Kubas- i Scn5 Sari =at4on, Rt Lake Sani :a.�on 1201 Pl. 8ircn Lake 3''/C. White Sear Lake, '•!i: 5 ;_11.0 LakerS 4,3=oS2 3275 E. 2.m S . ,rebs tN, ,•,, ::39S Lakeville San' _ary, i.^•C. 1020G :'i. 1:9 .,i3 Sox 335 Lakeville-, MM -- G. u. La?'ant _-ZQ3".'-..:'�' :^c ?. J. :viC - ' vvv Anoka .t Sr..5C , ndari4Ln nnea :c i . s L b M OiSOSal 3417-a5tv. M. M i nnearc i i s , W' 55-? Krupenny Sons Ois:osal Serv. Le rourrm.,r',ck-.*ry iZ5 3unker _a:<e _ t 133 .a': /i n ,: ., 0 • ;ox 22- ,;roza , tt!:. :3303 .yes S _u i , ;!i+, 33 _ 3 ;'!i nneaco i i s , MIN :3-= 31 uon 20'Marsha';nAv 55' r, 1 i _Sar .,Cu' i n: 13 : /tor Av . Paul MN' 551 ' Loren's Rubbish Removal 3946 Washington Av. N. minneapol is, 111M 55412 Steve Mat ei ;is.:osa' 2024 - 1 Av. S. Minneapolis ,• cC= a rv' _ s .c s a' -_res= rv' s C s:os= 1395 `01iyN ,Od r... Paul Mel's Trucking Service 127 W. Spruce St. �. St. Paul, M;11 55075 Service Mendota Heights RUdb'S, Serv. Route 1, Box 1_20 Farm4ngt3n, M'; 5301 - Mickey s J ,; .e __­:ce 1250 S. Pc4n'. Rt, y . i1 1.. - Midwes: Re"ase Minneapolis Reuse inc. 46 -`9 -Bloomington „v. Minneapolis, MN 55407 tii & 1 Sani tat ion Rush City, MN 53C69 2=3_ _ Cesar YN 5:_G1: tek S ^! _YOU ,Ko -yS. New:ory, "•ucek 7r,�c'• r.c. St. ?�ui , iii :,5__'7 rrar.c�5 .:. .aSFI 3208 Mi nnea po", i s , ".'1 55 JG Nistler Rubbish Rerova' 21203 Horseshoe Trail Hamel , MN 55320 Nitta Disposal, Inc. 5539 = Concord Blvd. InverGrove..e i g^ts ,".`J 55075 arc transfer r 8580 ?acnary r- `f- cSseO7 Y.? Ben OenrI n & Sons Cauchter, inc. 9091 Conc-rd pl'd�. 1 nv er Grove iHe lzhtS, ;'I Ken Oehrlein Sanitation �Cr: 1800 Century Av. Newport, MN 55055 Ost San __t -on & Landsca:•, 280 'Vincent Av. N. MI n n e a c.. s OX fo rd s s:0sa• erv� 2305 =. L i n"'iocd Av. (Z Pa . , '""; 5 51. . ?astCre:k? �;, i s 63CC =OVY 1C'. _c361 ,�ap.e ur-ve, ,.., __ -and �n�yJl S S"'oSa 729 - 109+r.v. n Peterson Rrr,t^erc 18505 Cedar, MN Fete's Rubish Hauling 6360 N. 190 St. Forest Lake, MN 55025 Piekert's Sanitation RR #2, Box 139 monticell0 M -N 55362 Metro Haul-A-'riay Systems, _nc. `forth End Sanitation Poor Richard's, Inc. 8158 W. 125 S` 1127 Albemarla 400 Whital Savage, M 55378 St. Paul ,N M _ 1_ cCI I �5.,_•.- $+ Paul , MIN S.,i S _ _ _ .r• Ray's 7r-ickin0 Service Sa: s 3 1 s m,.:a' 15:23 c- s-, S 1 "J, ='.3 Crz'.v-c rd 1307 - o All Mncca, ";; .33Cs tlir,ne.na, 5533 South St. ?at;i , :•I 55075 PriCr _a K8 .�^i:3:i�n ?. 0. tax __ Prior lar_, '•'.ti 5537_ Re-mova l Cc :, GxceI s 4 o 10 . _ •��G�tiCr '+'� __32� -�szidi 'na• SCS - _3 rev . M1.4. Coon Rani is , •.a: 35633 ."•ler !':.2 �_':'�5, �•!': :�� � o .-I.rrvoi 1.4a5__ 5_OSa: 14 C. AC'.C_r St. Re^'e-'ern i ng Sanitary Service 2075 County R,4. S0 luaple ?lain, mm 5535; 780 :Irene C,,ur: 3 S:rr.S 2 e :. e'IaOI_'nCC_ ��.• '__.. f r'c:tie'; Zu•:��5� S_^v•.', .^c. '•+enc;. _a -__=.^_-, .•:;; __ -- Roba1ns%da?e -rans.er crica"y 5232 :arson Czurt Crys to i , MM 55429 ion's Sam i -3:i0. Ser ice? '13 M-- ry . , .-.Ierer Sa^i _:jC^ 0. CCx i Ce?ano MiM ___2? 0. Shoete i Sl -.n Oisposa' Service, inc. 3621 - 8= A;. V. Minneapolis, It1m 55=29 Lenny Sa�Oka =8 3 - 23 .O• i'` '.Jas_. j��'• �, i��. 12.16 rCQ^a .-.'f . �. Szzva;e =0u::S..;x "ECSC.^ Suturban Saml 570 S. Orono Uro no,:732:- Sun, se Ca^:..2..-r Sox 307 , -•�L - 2�3z Exce "IN c!'> >' .'r;... �a�'. Suoer;.or nv± S� 730 -ars ���. ':!. Route 3, BOX '!:v ;f,neapc''s, 5�atcc, 33 T & L �an'ta=!On: 8201 L Scr AV. N. B. 0k,yri . ate;, 7. .' S S a n' t 2 �� v r 82= - ; .yl it ie•s .u�?pste ,=."d'c -::acwav u, •,moi j^ __Y•J,�e 7300 C. Buen .:<a 003 =ai_ yCourt iarn 1 Sen %c:•: -"ng 9G A% A & E Rubbish Removal nn„ •� =-_.. _ 18610 Excelsior Blvd Minnetonka, Mn 55345 Blake & Son, Inc. 3461 Upper 143rd Street ;h S. Rosemount, Mn 55068 Fore5. Elvine Disposal 15200 Northern Blvd. Anoka 55303 ::COCA 3'.:- Sa^' : :-• ! _, -�• -*.�i_ .~' Kucter's Rubbish Removal _zan pea4rie. .,M -=- _ 4649 Bloomington Avenue S Minneapolis Mn 55407 SAS Hauling .00=• _ '- == := =3r', == 4900 31st Avenue S ____• �_ *00 Minneapolis 55417 Suburban Sanicacion Inc. ? 0 Box 188 Wayzata 55391 - :` Waste Conversion ;:• 6630 N Cortlavn Circle Golden Valley 55426 : Browning-Ferris, inc. ., e-=_ 9813 Flying Claud Dr. „_,�l. _� ..•-.:._. Eden Prairie, Mn »34= :.t?nnS - n •.3, 1.4 vnne' S s..' s- .t. Pau* ::... I:UncIS ser.,ice �a3Z:1 M!Y yV .mend' S - i .�,5. • �.�. w CITY PLYMOUTR July 2, 1985 Mr. James Olsen 1506 Weston Lane Plymouth, Minnesota 55447 Dear Jim: During the week of June 17th Otten Brothers, who were haired by the City of Plymouth, completed the restoration and minor drainage corrections that we had previously discussed. The City feels that this project is now finally complete and no further work -is necessary. Only one item remains to be done and that is cleaning out the storm sewer pipe under Weston Lane. This will be done by a City crew as part of our regular maintenance. Sincerely, Daniel K. Campbell Senior Engineering Technician DKC:kh cc: Fred G. Moore Bill Latour Jerry Benito, Student Director Legal Aid Clinic Law School ('.';)UTH. MI%* :3OTA 55447 T;7�CPH, NZ LMUNIVERSITY OF MINNESOTA TWIN CITIES ' May 30, 1985 Dan Campbell City Engineer 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Re: Jim Olsen Property Dear Mr. Campbell: I Legal Aid Clinic Law School 190 Law Building 229 19th Avenue South Minneapolis, Minnesota 55455 (612)373-9990 I want to thank you for meeting with Mr. Olsen and me last week. I am pleased that there is no disagreement concerning what work still needs to be completed. As we discussed at the meeting, the fencing along the east edge of Mr. Olsen's property needs to be repaired. At the southern portion of the property, as you saw; a trench or other type of natural drainage system needs to be created so that water flowing from the higher ground will flow into the storm drains rather than pool on Mr. Olsen's property. Also, as you saw and we discussed, the "hill" created around the southeast corner of the property must be contoured and seeded to prevent further erosion of the hill onto sir. Olsen's land. Hopefully, the mulching method you dis- cussed will be successful. The fill dirt used contains large pieces of asphalt which, as you saw and agreed, are quite unsightly and may create difficulties with seeding. In addition, we discussed the completion of sodding along the east edge of Mr. Olsen's property. Finally, please let me know what your department decides concerning what should be done with the damaged tree. Cetting the work finished as soon as possible will be beneficial to all parties involved. As we all agreed, this dispute has been going on much too long. Perhaps with your personal supervision of the work, we can put the matter to rest quickly. I will keep in touch with you concerning the progress being made. Again, thanks for your cooperation. Sincer�ly, JerX Ben o Student Director JB/sw r4' JUN1985 N City of Plymob. s a C` �eeeleoZ G�% CITY OF PLYMOUTH 3400 PLYMOUTH BLVD.. PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: July 12, 1985 TO: Maria Vasiliou FROM: James G. Willis, City Manage SUBJECT JULY 8 & 9 MEMORANDUMS Shown below are responses to your inquiries from your July 8 and 9 memorandums: 1. Dorothy Kreckelberg Mrs. Kreckelberg's letter to Fred Moore asks when steps will be taken to remove the sewer assessments from her property. The Council took action on July 1, 1985 to accomplish this action. In Mr. Kreckelberg's letter to John Sweeney she asks about the extension of the development contract for Oakwood Shores 2nd Addition. In her July 2 letter to you, Mrs. Kreckelberg states that before she files the plat, the City would require a bond or letter of credit to guarantee installation of sewer, water and street. This statement is incorrect. The bond or letter of credit is not required until the first building permit is requested. The City will require no money for filing the plat. The original development contract for Oakwood Shores 2nd Addition was executed June 29, 1982, with work scheduled for completion under the contract terms, by December 31, 1982. By Resolution 82-562 the contract deadline for completion was extended to October 1, 1984. On May 20, 1985, the contract was once again extended to October 1, 1985. The plat approval will similarly expire on that date. The fact of the matter is, with respect to this plat, we have not held to the one year approval maximum on plats. The reason we do not allow for contract and plat extension is that City requirements and standards change over time. If the plat was approved under old requirements and constructed some four years later, the developer would argue that it should be subject to the old standards and not the new ones. Consequently, it has been our practice to require reapproval of the plat after a maximum of year and one-half period and reexecution of the development contract. In this case, if Mrs. Kreckelberg fails by October 1 to file the plat and complete improvements, it will be necessary for the Planning Commission and City Council to confirm their original approvals. This requires comparatively little time and processing and the fees involved are one-half the normal amount as authorized by recent City Council action. The only .July IL, 17OD Page 2 instance where additional survey and engineering fees would be incurred by Mrs. Kreckelberg is if revisions to City ordinances or standards require revisions in the plat. 2. Other Matters An updated attendance list for various commissions will be pro- vided with the duly 12 agenda. We do not maintain any form of record on Council Coordinating Representative attendance. The City is presently a member of the following "lobbying" groups: Municipal Legislative Commission League of Minnesota Cities Association of Metropolitan Municipalities Municipal Caucus National League of Cities 1985 fees for membership to each group are as follows: Municipal Legislative Commission - $12,970; League of Minnesota Cities - $8,070; Association of Metropolitan Municipalities - $4,191; and National League of Cities - $1,620. The City would reimburse expenses incurred by an employee attend- ing a lobbying meeting such as meal or parking expenses, Council expenses are covered by the Council policy on reimbursement of expenses. I am advised that the dead evergreens at Holiday Plus store are to be replaced this fall or next spring since the mortality rate on evergreens replanted in the summer is very high. The bond will not be fully released until they have been replaced and survive! Let me know if you have additional questions. JGW: jm CITY OF PLYMOUTR July 8, 1985 Memo to: Jim Willis From: Maria Vasiliou Subject: Dorothy Krekelberg letter RFCF!Vr JUL 9 -1985 I CITY OF PLYIN10di P f : l Jim, attached is a copy of my letter to Mrs. Krekelberg along with copies of letters she sent to me last week. I would like to draft a reply to her no later than Friday of this week, July 12th. If you have any questions or if there's anything I can do please don't hesitate to call. Mayor/Council 3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447, TELEPHONE (612) 559-2800 _pourcy 4 4jf' Con. tzuction (70. 6150 B HEMLOCK LANE NORTH PLYMOUTH, MINNESOTA 55442 X*A J11"X 559-0085 DOROTHY M.KREKELBERG 559.5563 0 559.3652 BERNARD BARR 559-460B Mrs. Marie Vasiliou 18325 - 31st Ave. N. Plymouth, NPN. 55447 Dear Marie: July 2, 1985 BRA M OFPICE 3900 8 _ AV E. NC BROOKLY ARK 5544? 55 Thank you for offering to help us before—but I did not want to bother you. However, it has now been 2 months since I wrote Fred Moore—and I still have not heard from him. Realize now—both Bernie and I had talked to him about this over the past previous years—about two years.. I am enclosing a cop), of the letter I sent him May 2, 1985. I am also enclosing a copy of my letter to John Sweeney relative to filing the plat for the Second Addition for Oakwood Shores. Marie, before we file the plat, the City would require us to post a bond or letter of credit to guarantee putting in the sewer, water and street. All of this costs money—and we do not think the timing is right to file the plat now. Why would it hurt the City to grant us extensions? Here we have spent hundreds of dollars doing the surveying and engineering to complete the plat. What would happen if the City did not grant the extension of the development contract? Where we have all of the surveying and engineering done on the hard shells—those would not have to be done over, would they? What would happen? I would appreciate hearing from you, and thank you in advance for your cooperation. DMK:a Enc. Very truly yours, LOWRY HILL CONSTRUCTION CO. D othy M. K3'ekelberg (Mrs.) CITY Of PLYMOUTI+ July 8, 1985 Mrs. Dorothy M. Krekelberg LOWRY HILL CONSTRUCTION CO. 6150 B Hemlock Lane North Plymouth, MN 55422 JDear Mrs. Krekelberg, Thank you for your letter of July 2, 1985. Please do not feel that you are bothering me. I'm happy to expedite the information that you have requested. I did not receive your letter until Saturday, July 6th because I was out of town . Copies of your letter to me and the additional corres- pondence you included have been forwarded to Jim Willis as well as the mayor and members of the council. As soon as I receive their input I will respond to your questions. Thank you for your letter and, most of all, your patience. I believe an answer will be forthcoming immediately. Sincerely, Maria Vasiliou cc: Mayor Davenport Councilmember Schneider Councilmember Neils Councilmember Crane Jim Willis 3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 5547. TELEPHO��E 612 =r! 2300 _Zoaty Cf jff ConsttuctCon eo. 6150 B HEMLOCK LANE NORTH PLYMOUTH, MINNESOTA 55442 559-0085 , DOROTHY M. KREKELBERG BRANCH OFFICE 559.5563 • 559-3652 May 2 1985 3900 - 5Th{'VE N 7 BERNARD BARR y BROOKS N PARK 554x3 559-4608 4 5 Mr. Fred Moore, City Engineer City of Plymouth 3400 Plymouth Blvd. Plymouth, MN. 55447 Dear Fred: This will confirm our conversation of the other day wherein I asked you to take whatever steps were necessary to have the sewer assessments taken off from my lot and the tax rolls because the sewer is not presently available to me. We talked about Lowry Hill making it available to ny land when they develop Oakwood Shores Second Addition, and it would be agreeable to us to have our Dcvelopment Contract amended to reflect this. As I told you, I would like to pay my real estate taxes, but have been unable to do so until this assessment is removed.. because once I paid it..I felt I probably would never get it back. Therefore I would appreciate whatever you can do to expedite matters. Thank you in advance for your cooperation. Very truly yours, DMK: a Do;;r✓✓✓oothy M. K,rekelberg (Mrs.) DOROTHY M.KREKELBERG 559-5563 0 559-3652 BERNARD BARR 559-4608 -20"My C#iff 60n1ttUCtL0n 60. 6150 B HEMLOCK LANE NORTH PLYMOUTH, M(NNEBOTA 55442 7Pjt TCX' �X 559-0085 July 2, 1985 Mr. John R. Sweeney, Asst. Engineer City of Plymouth 3400 Plymouth Blvd. Plymouth, ISN. 55447 BRA f+ O«ICE 3900 B M AVE. Ni. BROOKLY ``ARK $5443 4 5.955 Re: Development Contract Extension for Oakwood Shores 2nd Addition (79034) Dear John: We have your letter of July 1st relative to the extension of the above development contract,. In my letter of May 2, 1985, we requested an extension to October 1986. Perhaps it was a typographical error stating October 198S..and meant to be October 1986. John, it is now July and there is no way we would be in a position t6 file the plat for the second addition prior to October 1985. I cannot see what possible bad effect it would have on the City if the plat were not filed this year. However, I can see what possible bad effect it would have on us. The housing market has been down. If we were to file the plat, the sewer and water would have to be put in; our taxes on developed land would be higher. I am afraid the lots would not sell in the market we are now in. Therefore, we would respectfully request that our request be granted and that the extension be extended to October 1986. Very truly yours, LOWRY HILL CONSTRUCTION CO. Dt4C: a rothy M- rekelberg (Mrs.) construction (7o. zowry 6150 B HEMLOCK LANE NORTH PLYMOUTH. MINNESOTA 55442 W11)"x 559-0085 DOROTHY M. KREKELBERS BRA H ^rricE 559.5563 • 559.3652 3. • B H AVE I - BERNARD BARR .July 2, 1985 BROOKLV ARK 55443 559-4608 ♦ s• '55 Mr. Fred Moore, City Engineer City of Plymouth 3400 Plymouth Blvd. Plymouth, MN. 55447 Dear Fred: I wrote you May 2, 1985 relative to your taking whatever steps were necessary to have the sewer assessment taken off from my lot and the tax rolls because the sewer is not presently available to me, and there is no way I can presently be hooked up. As I told you, I would like to pay my real estate taxes, but have been unable to do so until this assessment is removed, because I , feel that if I pay it, I probably would never get it back—and as long as it was put on there in error, it should be removed. You told me you probably could not get it done before the taxes for this year would be due..and this I could understand. However, it is now two months since we again discussed this—and I have not heard from you. I would appreciate whatever you can do to get this matter resolved. Very truly yours, r DMK:a Dorot y M. KreVelberg (Mrs.) CITY OF PLYMOUTR July 9, 1985 Memo to: Jim Willis From: Maria Vasiliou Subject: Various Jim, at the last council meeting Irequested an updated attendance report of the various commissions. Also, is there any form of record -,aeping of the CCR attendance? This would include outside agencies as well as our advisory commissions. At one point the council discussed the merit of Plymouth belonging to various lobbying groups. My recollection is that we were going to solicit input from our state representative as well as members of these organizations. Do you recall what ever happened to this ? Lastly, I would like to see an accounting of the money it costs the city to participate in these various groups. Is that a line item in the budget that I could find myself? Please provide me with directions of where to look: Does the city reimburse expenses for attendance at these "meetings".? May I have the information requested by the end of July ? Thank you for your cooperation. P.S. What's the status of the landscaping problems at the Holiday store? Mayor Davenport 3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 y CITY OF PLYMOUTH PLANNING COMMISSION MINUTES JUNE 26, 1985 The regular Meeting of the Plymouth Planning Commission was called to order at 7:30 P.M. MEMBERS PRESENT: Vice Chairman Pauba, Commissioners Wire, Stulberg, Magnus, and Mellen MEMBERS ABSENT: Chairman Steigerwald and Commissioner Plufka STAFF PRESENT: Community Development Coordinator Sara McConn City Engineer Sherm John Sweeney Community Development Director Blair Tremere Community Development Secretary Grace Wineman CONSENT AGENDA MOTION by Commissioner Wire, seconded by Commissioner MOTION TO APPROVE Stulberg to adopt the Consent Agenda. Vote. 5 Ayes. CONSENT AGENDA - MOTION carried. CARRIED MINUTES MOTION by Commissioner Wire, seconded by Commissioner *MINUTES - JUNE 19, Stulberg to recommend approval of the June 19, 1984 Minutes 1985 as submitted. VOTE. 5 Ayes. Commissioner Mellen abstained MOTION VOTE - MOTION CARRIED carried. PUBLIC HEARINGS: NONE NEW BUSINESS Vice Chairman Pauba introduced the application and requested VANTAGE COMPANIES an overview of the June 11, 1985 Staff Report by Coordinator SITE PLAN do VARIANCES McConn. Vice Chairman Pauba introduced Mr. Bruce Watson, (85047) representing Vantage Companies, and Tom Sopoci, Architect. Mr. Watson stated they take no exception to the staff report as prepared and complimented the work done by staff. He stated they would let the project stand on its own merits and on the recommendations made by staff. -149- Page 150 Planning Commission Minutes June 26, 1985 Commissioner Wire inquired if they had considered reducing the size of the building and thereby reducing the vari- ances. Mr. Watson stated they did consider this, however they feel there is justification for the larger building on a unique site and are following the recommendation of staff to provide increased landscaping and berming as compensatory measures. He commented that the larger building is neces- sary to make the project economically feasible; that there will be extensive grading because of poor soils; and, that the cost of utility development is set. Mr. Watson stated this is the fourth plan they have prepared over the last ten years and this plan is the most workable and feasible for this site. Commissioner Wire inquired about the exterior color scheme for the building. Mr. Watson this has not been definitely decided, however it may be dark anodized metal fascia, or a copper color. Vice Chairman Pauba confirmed with Coordin- ator McConn that detailed plans would be part of the Build- ing Permit application review. Commissioner Mellen inquired about the types of tenants for the building; Mr. Watson stated it would be a mix of ware- housing, light manufacturing in the northerly portion of the building; and office/showroom and light service businesses in the southerly portion. He noted that Research & Design (high tech and electronic, non -retail oriented) firms are particularly interested in space available. He further com- mented that they are cautious in interviewing prospective tenants so that they will be compatible with their neighbors. Vice Chairman Pauba introduced Mr. Richard Conlin, President, MetroBank, Plymouth, who inquired about road design and improvements in the area. Mr. Watson stated a meeting was held with the City about existing traffic prob- lems in this area; that there had been discussion of upgrad- ing Xenium Lane and the possibility of signalization at 24th and Xenium and traffic controls at 26th and Xenium. He understood that the City was looking at alternatives in design for solutions to the existing problems; and, that the County would be installing a median in County 61/Xenium Lane. Mr. Conlin stated it was his understanding the City has no current proposal. He is concerned that the City, in considering development and alternate roadway designs, makes sure that the traffic pattern and circulation is the best possible for all businesses in the area. He stated that a median in County Road 61 could be detrimental. Page 151 Planning Commission Minutes June 26, 1985 Further discussion ensued on roadwav improvements. Vice Chairman Pauba advised Mr. Conlin and the representatives for Vantage Company to keep in contact with the City Engine- ering Department regarding their specific concerns regarding roadway design and traffic circulation in this area. MOTION by Commissioner Magnus, seconded by Commissioner Wire to recommend approval for the Site Plan and Variances for Vantage Companies subject to the conditions as stated in the June 11, 1985 Staff Report. VOTE. 5 Ayes. MOTION carried. MOTION by Commissioner Wire, seconded by Commissioner Stulberg to recommend approval of the Site Plan for Advance Machine Company, Phase II, subject to those conditions as stated in the staff report. OTHER BUSINESS Vice Chairman Pauba called on Director of Community Develop- ment Blair Tremere to review the updating of the Goals, Objectives, and Criteria portion of the City's Comprehensive Plan. Director Tremere stated that the draft documents pre- pared for the Commission reflect the consolidation of all Commission, Council, and the Mayor's input to this section. He advised that the Commission will hold a Public Hearing in July to discuss these and make final recommendations. The Commission and Council will meet jointly in late duly and this will be an agenda item. He stated that in addition to the legal notice in the newspaper for the Public Hearing, the Homeowners Associations and other groups will be noticed and will be provided copies of the draft for their information. Commissioner Wire commented that some of the earlier recom- mended changes were not incorporated in this draft. He noted on page 16, under the objective for adequate transpor- tation system, under Air, that changes had been made but were not reflected regarding the State Aeronautic Regulation and the statement on the need for study on a heliport. Dir- ector Tremere explained that seaplane landings are under the jurisdiction of the State of Minnesota Department of Trans- portation (MnDOT), and lake traffic is under the jurisdic- tion of the Hennepin County Sheriff's Department. The statement had been changed to read "Support safety standards consistent with . . . . .;" Director Tremere and Coordinator McConn confirmed the discussion that took place supporting the need for No. 16, "Study future needs for Plymouth heli- port", relative to those businesses who had stated their possible future plans for helipads. MOTION TO APPROVE VOTE - MOTION CARRIED *ADVANCE MACHINE CO. SITE PLAN (85046) GOALS, OBJECTIVES, AND CRITERIA OF THE CITY'S COMPREHENSIVE PLAN Page 152 Planning Commission Minutes June 26, 1985 Commissioner Wire stated that on page 12, Criterion No. 3, i., the "Elimination of likely hiding spots for concealment of undesirable individuals . . ." should be deleted. Direc- tor Tremere stated there had been no comments made regarding this Section. Commissioner Wire stated he is concerned that the City would not be able to "eliminate" such things as trails, pathways, or parkland that would constitute "hiding spots for concealment of undesirable individuals in areas subject to pedestrian travel". Commissioner Stulberg stated that he believes the purpose of the objective is to keep in mind that these areas should not be created by the development, as development proposals are reviewed. Commissioner Wire stated that perhaps the words "assure/ assuring" used throughout should be changed, because the City may not be able to "assure" certain aspects of the objectives and criteria. Director Tremere stated that this is not an Ordinance that regulates or "prohibits", but is a statement of the City's goals for Plymouth. Vice Chairman Pauba suggested that the wording could be softened, using "Attempt to avoid" such as in the case of the creation of unsafe areas during the planning process. Commissioner Wire suggested that the personal safety factor should be reviewed along with development proposals, con- sidering the landscaping, berming, and screening to insure that areas that would be detrimental to public safety would not be created. The Commission and staff discussed the Luce Line and other trail systems throughout Plymouth. Commissioner Wire stated his concern that trail construction may be contradictory to good planning in providing potential hazards to pedestrian travel. Commissioner Mellen suggested the statement could read "Minimize exposure of the traveling pedestrian to undesir- able conditions". It was the concensus that this language should be used for Criteria 3., i., on page 12. Director Tremere stated these recommendations would be in- corporated for further discussion at the Public Hearing and with the City Council at the joint meeting. Coordinator McConn discussed the duly 9, 1985 Planning Commission agenda. As there was no further business, Vice Chairman Pauba called for adjournment. ADJOURNMENT The Meeting adjourned at 8:20 P.M. THE CITY OF PLYMOUTH BOARD OF ZONING ADJUSTMENTS AND APPEALS June 17, 1985 The Regular Meeting of the Board of Zoning Adjustments and Appeals was called to order at 7:30 P.M. MEMBERS PRESENT: Chairman Marofsky, Commissioners Quass, Victor, Musatto, Cornelius, Bigelow and Plufka MEMBERS ABSENT: Quass STAFF PRESENT: Building Official Joe Ryan, and Associate Planner Al Cottingham MINUTES MOTION was made by Commissioner Plufka, seconded by MINUTES MAY 13, 1985 Commissioner Cornelius to approve the May 13, 1985 Minutes as amended. VOTE. 6 Ayes. MOTION carried. NEW BUSINESS Chairman Marofsky introduced the request submitted by Mr. Leonard Busch for a variance from the front yard setbacks for property located at 4045 Highway 101. Chairman Marofsky introduced the Board members and explained to the audience, the duties of the Board. At this time, Chairman Marofsky stepped down from the chair and turned the meeting over to Commissioner Cornelius. Mr. Busch reviewed his request, showed drawings of the lay -out and explained why he thought this variance should be granted. Since a variance was granted for a greenhouse building in 1980, and the proposed greenhouse is similarily located, he thought he would not need a variance for this request. Acting Chairman Cornelius, introduced Mr. Hughes, a neighbor to the north of Mr. Busch, and asked him to explain his presence at this meeting. Mr. Hughes stated he was here to object to Mr. Busch's proposal regarding any future buildings on this land, due to the fact that there is a problem with drainage spilling onto his property. The polluted water from the greenhouses is causing a problem on his property. He would like this problem resolved prior to any future building permits being issued for this property. Commissioner Musatto inquired as to what would be the use of this addition. Mr. Busch stated the addition would be for wholesale, storage and packaging of his roses and not used as a greenhouse. Page 2 Board of Zoning Minutes June 17, 1985 The Board discussed with Mr. Busch the drainage problem and the water discharge from the greenhouses to determine if the drainage problem that Mr. Hughes is speaking to can be resolved. They discussed the alternative of lengthening the existing draintile to the west, located on the north side of the building, so the flow would be closer to the storm ponding area which is part of the City's storm drainage system. Commissioner Musatto asked what was to be the height of the new structure. Mr. Busch stated it would be approximately 20 feet. Questions arose regarding how large the existing drainfield is and if it could handle the number of men that Mr. Busch employs. Mr. Busch stated that. to date there has been no problem with the septic and drainfield system. Acting Chairman Cornelius asked what the hardship is for this property since Mr. Busch has a number of acres available for expansion. Mr. Busch answered that he would need to relocate the packaging and storage facility which would not be feasible considering where the existing loading dock is located for the wholesale buyers. Commissioner Musatto noted that this appears to be a rapidly growing business for Mr. Busch and questioned what would happen if a heavy traffic situation arose due to his increased business. Mr. Busch explained that in the wholesale operation there is not as much traffic as what a retail operation would have. He stated that he sees no plans in utilizing the whole proposed building, but wishes to have it large enough in the event he will need the extra space. The building will be used for the packaging process and shipping of the roses. It is vital to the operation that this process be kept at one location rather than in two areas. MOTION by Commissioner Plufka, seconded by Commissioner Musatto to approve the variance request for Leonard Busch, located at 4045 Highway 101, for the following reasons and subject to the following conditions: 1. The variance request is within the intent of Policy Resolution 481-126. 2. The minimum 77 foot front yard setback must be maintained so that future right -of way need of 27 feet can be met, leaving the minimum 50 foot front yard setback. 3. The property is on a public street identified on the Thoroughfare Guide Plan. MOTION TO APPROVE VARIANCE Page 3 Board of Zoning Minutes June 17, 1985 4. The proper draintile to the buildings shall be provided in order to appropriately direct the run-off and divert the run off to the future ponding area located to the west. This shall be accomplished as part of the proposed structure construction. VOTE 4 ayes, 2 abstained, Commissioner Victor (arrived late) and Chairman Marofsky. MOTION CARRIED. VOTE ON THE MOTION MOTION APPROVED Chairman Marofsky introduced the request submitted by James JAMES LAUER Lauer for a variance from the front yard setback and from 2810 EVERGREEN LANE the 20% maximum lot coverage, for property located at 2810 Evergreen Lane. Commissioner Marofsky stated there was an error in the Staff Report regarding the size of the existing home and that this proposed garage would not exceed the Ordinance allowed 20% on lot coverage. Staff reviewed their notes on the lot coverage and concurred with Chairman Marofsky. The only variance being sought is from the front yard setback. Mr. Lauer reviewed his request, stating this garage would be large enough to hold the three cars that he currently owns if this variance were granted. He also stated he has two boats one of which would be kept in the garage and the other would be stored outside. Discussion among the Board members ensued as to the possibility of turning the proposed garage 90 degrees thus making it the same width as the home. Mr. Lauer said that this would not allow him to use the garage as a three car structure since it would not allow proper access at 90 degrees. MOTION was made by Commissioner Musatto, seconded by Commissioner Bigelow to approve the variance request for James Lauer, located at 2810 Evergreen Lane for the MOTION TO APPROVE following reasons and subject to the following conditions: VARIANCE 1. The variance is approved based upon the findings that the Petitioner has satisfied the Ordinance standards. 2. The variance is for a 15 foot encroachment into the Ordinance required front yard setback; allowing a 20 foot setback. 3. No other variances are granted or implied by this actions. 4. The maximum lot coverage shall be the Ordinance allowed 20%. VOTE 6 ayes MOTION carried. VOTE ON THE MOTION MOTION APPROVED Page 4 Board of Zoning Minutes June 17, 1985 Chairman Marofsky introduced the request of Mrs. Cynthia Deem for a variance from the required front and side yard setbacks for property located at 11917 23rd Avenue North. Mrs. Deem reviewed her request for the additon of a porch onto their existing home, which would allow for a safe location for her children to play. Commissioner Musatto inquired as to the current use of land on the south side of the home. Mrs. Deem replied that there is an eight foot enclosed porch that extends the width of the house. They will have French doors open from this enclosed porch onto the proposed porch. Chairman Marofsky stated that if the stairs were to extend six feet out from the proposed porch rather than 7 feet, the Board would have less of a variance to grant. Mrs. Deem said that she had no problem with this as long as there was enough room between the stairs and existing house to work. MOTION by Commissioner Plufka, seconded by Commissioner MOTION TO APPROVE Cornelius to approve the variance request for the reasons VARIANCE and subject to the following conditions: 1. The variance is approved based on the findings that the Petitioner has satisified the Ordinance standards. 2. The variance being granted is for a 23 foot the front yard setback and for a•four foot side yard setback. 3. No other variances are granted or implied by this action. VOTE 6 ayes MOTION carried. VOTE ON THE MOTION MOTION APPROVED Chairman Marofsky introduced the request submitted by Mr. KENNETH PETERSON Kenneth Peterson for a variance from the side yard setback 10727 32nd AVE.N. for property located at 10727 32nd Avenue North. Mr. Arnie Weinhold was present at the meeting to state that he could not represent Mr. Peterson on this item and requested that the Board table this request until the July 15, 1985. MOTION by Commissioner Musatto, seconded by Commissioner VOTE TO TABLE MOTION Victor to table the request of Kenneth Peterson until the MOTION TABLED July 15, 1985 meeting. VOTE 7 ayes. The petitioner should be notified of the action and requested to attend the next meeting. Page 5 Board of Zoning Minutes June 17, 1985 ADJOURNMENT: Meeting was adjourned at 9:45 P.M. THE BASSETT CREEK WATER MANAGEMENT COMMISSION MINUTES OF THE MEETING OF JUNE 20, 1985 CALL TO ORDER: The Bassett Creek Water Management Commission was called to .order by Acting Chairman Donald Asmus, Tuesday, June 20, -1-985, 11:35 A.M., at the Minneapolis Golf Club. ROLL CALL: CRYSTAL - Commissioner William Sherburne GOLDEN VALLEY - Commissioner Ed Silberman MEDICINE LAKE - Not represented MINNEAPOLIS - Alternate Commissioner Marvin Hoshaw MINNETONKA - Commissioner Don Asmus NEW HOPE - Commissioner Peter Enck PLYMOUTH - Alternate Commissioner John Sweeney ROBBINSDALE - Commissioner Lee Gustafson ST. LOUIS PARK - Commissioner Don Rye Counsel: Curt Pearson Engineer: Len Kremer, Barr Engineering Co. Recording Secretary: Elaine Anderson APPROVAL OF MINUTES: It was moved by Mr. Silberman and seconded by Mr. Rye that the May 21 minutes be approved. Carried unanimously. PRESENTATION OF FINANCIAL STATEMENTS: Mr. Silberman presented the treasurer's report of June 20, 1985, showing a checking balance of $97.92, a savings account balance of $3,281.88, and an investment balance of 5223,374.69. He moved its approval subject to audit. Seconded by Mr. Gustafson and carried unanimously. Mr. Silberman also presented the budget report for informational purposes. PRESENTATION OF INVOICES FOR PAYMENT APPROVAL: Mr. Silberman moved the approval of the Barr Engineering Co. in- voice of $8,848.16 for the period covering April 28 through June 1 subject to arithmetical verification. Seconded by Mr. Gustafson and carried unanimously. COMMUNICATIONS Counsel: Mr. Pearson indicated that copies of pertinent communications had been included in the agenda packet. He explained that, as of yes- terday, the House and Senate bills are entirely different, the House bill including 31 projects and the Senate 29. President Reagan has threatened to veto the bill because of costs and cost- sharing. Mr. Stockman is not backing down and the bill has an excellent chance of passing. This led to a discussion of the need to resolve the right-of-way and easement questions because that has to be a part of the agreement before we receive a dollar. The City of Minneapolis will have to be the signers. If the bill passes, money would be ready immediately. Mr. Asmus asked if we would have the option to drop certain parts of the project. Three areas discussed were Brookview, the Golden Valley Golf Course, and BC Minutes - 6/20/85 - Page 2 the Theodore Wirth Park. When we make the agreement with the Government, we will have to determine where the project is. Mr. Kremer stated that he thinks the Wirth Park part could be modified to provide less storage as the new pipe will have a larger ca- pacity. It was then questioned whether anything north of Theodore Wirth Park could be dropped? Mr. Pearson stated that we should not try to answer that question today. When asked who would con- demn the Park Board land, Mr. Pearson said it would be a question of superior use. Mr. Hoshaw thinks they will compromise. While we are talking about funding, the Corps is completing their evalu- ation of our request for credits for land acquired for flood stor- age. Mr. Kremer said that Mr. Raasch of the Corps of Engineers has a draft report ready. Mr. Pearson asked if he and Mr. Kremer could meet with Mr. Raasch to discuss the draft report. (Chairman Enck assumed the chair.) Chairman: 1. Mr. Enck had received a copy of a letter to Commissioner Richard Braun of the Minnesota Department of Transportation from State Senator Jim Ramstad expressing support of the Bassett Creek Water Management Commission's request concerning the proposed design and construction of the tunnel along the Third Avenue Distributor. 2. Copy of a letter to Commissioner Braun from Sally Olsen, State Representative, expressing support for the above. Commissioners: 1. Mr. Silberman indicated that he had talked to representatives of the Corps and had received essentially the same message as Counsel Pearson. Mr. Stockman says we must have cost sharing. Engineer: 1. Mr. Kremer had met with the Minnesota Department of Transpor- tation (MnDOT) regarding the design of tunnel - Third Avenue Distributor. They will have to have direction from the Com- missioner but they are willing to do it. They will not start that design until late this Fall. If funding is made avail- able by Congress this summer, the Corps could complete the design of the project. 2. Mr. Kremer will be meeting with the Department of Transporta- tion tomorrow. Mr. Crawford will be at that meeting also. Mr. Crawford had indicated that sometime during the next few weeks he would 'Like to set up a meeting with the Corps, the City of Minneapolis, a Commission representative, and a MnDOT representative. Mr. Enck indicated that would like to attend this meeting and that a representative of the City of Minne- apolis should attend plus Mr. Kremer and Mr. Pearson. BC Minutes - 6/20/85 - Page 3 3. Had a discussion with the Department of Natural Resources (DNR) regarding the construction of a fish barrier on Plymouth Creek. They would contribute up to $25,000 towards that con- struction. 4. Talked to Hennepin County staff regarding funding from the Lake Improvements Funds for construction of the fish barrier. A member of the staff said they would recommend that $25,000 be committed from that fund for that structure. 5. Had a call from the Pollution Control Agency (PCA). The EPA has conducted a preliminary investigation of the Irving Avenue Dump area and has indicated that there is no need to change the ranking of that site. The PCA has authority to issue per- mits so we can bypass the EPA when the channel of the conduit entrance must be enlarged. We will need temporary facili- ties to store hazardous materials until the EPA decides what to do with the area as a whole. 6. Minnesota' Water Resources Board did issue an order changing the boundary between the Minnehaha Watershed and the Bassett Creek Watershed. That does not change anything as far as assessments are concerned. NEW BUSINESS 1. Assessments. Mr. Asmus moved that the assessments be set up to represent the $149,600 as outlined in the budget. Seconded by Mr. Rye and carried unanimously by a roll call vote (8 af- firmative votes). 2. Plans for the Meyer Gonyea addition, a 15 -acre site in Plym- outh at upstream end of North Fork, were submitted by Plymouth for review. There is 30 AF of flood storage upstream of this location. The plan has been accepted by the City of Plymouth. The normal water elevation will be 890, the flood elevation 895. The question was raised as to what is being done for water quality. It is proposed to direct everything directly to the creek. Mr. Enck expressed objections to the plan. After discussion, it was recommended that: a) The proposed control structure should have a skimmer, b) All runoff from the site should be discharged upstream of the control struc- ture, c) The drainage from the parking lot to the ditch should be through a flume or storm sewer to prevent erosion. Mr. Asmus moved that a letter should be sent to the City of Plymouth indicating that a skimmer would have to be added and that provision be made for a storm sewer to carry runoff to the creek. Approval would also be contingent upon provision for upstream storage as proposed by the City of Plymouth. Seconded by Mr. Rye and carried unanimously. BC Minutes - 6/20/85 - Page 4 3. Request by Hennepin County to approve a new channel crossing for replacement at Douglas Avenue in Crystal, south of 36th and downstream of the Edgewood Dam. Am existing double box would be replaced by a 4x12 box. Their flood level is slightly higher than the Corps level but is consistent with the management plan. Upon the Engineer's recommendation, Mr. Asmus recommended approval. Seconded by Mr. Silberman and carried unanimously. 4. Request by the City of Golden Valley to review plans for Valley Village, Second Addition. This is a 9.4 acre feet site immediately adjacent to South Fork of the creek immediately upstream of Sweeney Lake. There are five buildings with eight units in each building. It is a multiple residential site with low density development. The flood level is 837. The Commission requirements are that water quality storage with sedimentation and skimming be provided. They are several hundred feet away from water. The surface water will travel over rock to a sedimentation basins. They are working with Westwood Engineers. Mr. Enck said they were short on water quality. Over half of the site is flood plain. It is zoned for basically M-1, 3 -story apartment building. This will be a PUD project, but the City of Golden Valley requires prior Commission approval. It may be to the advantage of Golden Valley and the Commission to have an easement over those por- tions of the site below elevation 837. It was suggested that Golden Valley be asked to request the easement for water quality or drainage purposes. Mr. Kremer said that there is no skimmer provided in the plans. Mr. Silberman moved that a letter be sent to the City of Golden Valley indicating our approval subject to clarification by Golden Valley that there is an easement so that we may go in there to make modifica- tions in the easement for water quality, that it be clear what is and what is not in the easement and that water quality storage be provided. Seconded by Mr. Asmus and carried unani- mously. OLD BUSINESS Water Quality: Mr. Enck asked why monitoring of Medicine Lake had been dropped in the 5 -year water quality plan in favor of having the Metropolitan Council do the monitoring. Mr. Kremer indicated that it was his intention to avoid duplication of effort and that the data col- lected by the Metropolitan Council would be shared with the Com- mission. It was agreed that 1987 and should be the responsibility Metropolitan Council. It was to the Metropolitan Council collect data during those ye their data collection progran with the Metropolitan Council. 1989 water quality data collection of the Commission rather than the agreed that a letter should be sent indicating that the Commission will !ars to maintain the consistency of and that they will share that data BC Minutes - 6/20/85 - Page 5 It was moved by Mr. Rye and seconded by Mr. Asmus that we communi- cate with the Metropolitan Council and indicate that we request their cooperation in the monitoring program which we are con- ducting on Medicine Lake and that we will share the results of the monitoring with them. Carried unanimously. A discussion of the water quality portion of the management plan followed: 1. Past water quality problems. 2. An identification of future water quality problems based on runoff from future development. 3. A classification of stream segments and water bodies according to the level of water quality needed to support the intended use. 4. A definition of management practices which could be used to attain the water quality level required by the classification. 5. A water quality management envelope for wetlands and water bodies to preserve water quality storage until a final water quality enhancement plan is developed for the watershed. 6. Criteria for the design of water quality enhancement and ero- sion control features to serve as an example to developers and communities in the watershed. 7. An outline of an active educational program to be developed by the Commission which will promote citizen concern for water quality in the watershed. 8. The establishment of a 5 -year plan for water quality enhance- ment projects in the watershed. 9. An outline of a program to measure the effectiveness of the management practices which are implemented by the communities and the Commission. It was moved by Mr. Hoshaw and seconded by Mr. Asmus that the re- port from the Water Quality Committee be accepted and adopted for inclusion in the Water Management Plan for Bassett Creek. ADJOURNMENT It was moved by Mr. Gustafson and seconded by Mr. Rye that the meeting adjourn. Chairman adjourned the meeting at 1:50 P.M. W. Peter Enck, Chairman Elaine Anderson, Recorder Donald Asmus, Secretary Date: ILMUNICIPAL L�IS�TInE COMMISSION Vol. II No. III July 3, 1985 MLC -supported LGA bill becomes law Legislative action this year in Minnesota will bring increases of more than $1,600,000 in local government aids (LGA) to the 16 member suburbs of the Municipal Legislative Commission (MLC). The formula finally agreed upon by the Tax Conference Committee is a slightly modified version of the proposal first introduced by Rep. Bill Schreiber (IR -Brooklyn Park), chairman of the House Tax Committee- The bill received MLC backing because it reduces disparities in local government aid distributions of state funds to Minnesota cities and because it rewards efficiencies in local spending. Local government aid is a state program which in 1985 will distribute $265 million of state tax dollars to Minnesota cities, which the cities use for property tax relief. Called the Variable Effort Local Government Aid Formula, the new bill was passed with an 8 percent appropriation and a 12 percent cap. Twelve of the 16 MLC -member suburbs will receive the maximum percentage increase; the average increase was 11.14 percent. Minneapolis, on the other hand, will receive 2 percent and St. Paul receive 8.1 percent. Legislators included a sunset provision with the enactment of the new formula, so it will be in effect only a year. The issue of local government aids will have to be re -addressed in next year's session. The new local government aids formula differs from old formula in two significant respects. Under previous law, the amount of aid given to a city was based on that city's expenditures. The new formula bases the amount of aid on a city's certified levy instead of on spending. This excludes federal and state funds that cities spend but don't levy. The new formula also provides a disincentive to spend by implementing a sliding mill rate to determine state aid. Under previous law, the amount of money raised by levying 10 mills was subtracted from a city's expenditure base to determine its state LGA allocation. As spending increased, this amount remained the same. Under the new formula, the number of mills subtracted increases as spending increases, which increases local accountability, according to MLC members. Continued on next page T,'.'!,-INICIPAL Page Two LEGISLATIVE COMMISSION LGA continued from page one The general effect of the new formula is to increase the amount of aid given to most suburbs and larger outstate cities, and to slow the increases in Minneapolis and St. Paul. Under last year's law, Minneapolis received $159 per person, compared with an average of $27 per person for the 16 MLC members. The new bill will increase the MLC figure to about $50 a person over time, and is a "step in the right direction" toward eliminating an imbalance that has developed over the past 10 years, according to MLC members. The total population of MLC cities is about 530,000, or 16.5 percent of the state's population, yet the group received only about 5 percent of the state's total local government aids payments last year. Minneapolis, on the other hand, has a population of 364,000, which is less than 9 percent of the state's population, but received about 22 percent of the state's aid. The attached charts summarize the impact of the new formula on MLC suburbs, and show the historical impact of the aids. MVNICIPAL LEG:SLA-:VE CODi.ISS3ON LO`.AL GC%ER9k'ES7 AIC SUK4AFY 298E LOCAL GOVERNMEA: AIDS il M.L. S'—r— 1981 LGA 1962 ICA 1983 ICJ. 1984 LGA 1985 IGA 19" IGA 614,882,000 613,966,000 $16,119,000 613,934,000 514,501,000 $16,116,000 1 1 I I T LTJ rJ -6.02 .15.25% -13.56% +4.07% -11.144 2a. 198A Tffu— % Increase S Increase Blaine S 1,266 9.5 1110,24E Blooranctor. 2,710 12.0 29L,36f Brooklyn Park1,994 12.0 2'13,66E Burnsville 1,598 12.0 171,23: Bacaa 315 12.0 3 -,,7E - Eder, Prairie 307 12.0 32,9vC Edina 551 0 * C Maple Grove 59E 12.0 63161- Maple-ood 1,430 12.0 -53,259 Minnetonka 1,703 7.6 i2C,E'` Mounds Vie- 546 12.0 58,495 Plymouth 388 12.0 41.53- Roseville 804 12.0 86,09 Shorevie- 422 5.8 23.20° White Bear Lake 947 12.0 10:,425 Woodbury 481 12.0 ,5E` TOTAL 516,05E 11.14% 51,614,54E Duluth $11,792 12.0 % $1,2E3,443 Minneapolis 59,186 2.0 1,145,514 St. Paul 36,592 8.1 2,729,27f Included in this bill are provisions to increase the homestead credit by 550 to a maximum of S70C and tc reduce the assessment ratio on home values over $64,000 from 30% to 29% in 1986,and 28% ir. 196 MUNICIPAL Page Three LEGISLATIVE COMMISSION Property -tax changes to aid suburbanites Property tax changes enacted as part of the 1985 omnibus tax bill should reduce or allow homeowners' real estate taxes to remain constant in 1986. The legislation enacted two major changes in the property tax system which will reduce property taxes on higher -valued homes. First, the homestead credit -- that portion of a homeowner's property tax bill paid for by the state -- was increased from $650 to a maximum of $700. Most houses with values of more than $65,000 are currently homesteaded at the maximum credit. This change will provide many suburban residents with an additional $50 property tax credit. The second significant change will reduce the assessed value of higher -valued homes from 30 percent to 29 percent in 1986 and to 28 percent in 1987. Homes valued at $64,000 and more are assessed at a 30 percent rate. The reduction in this top rate will reduce the assessed value against which the net property tax is computed. However, preliminary estimates by the Department of Revenue reveal mill rate increases in 14 of the 16 MLC suburbs. Although many factors enter into the reasons for those increases, evidence provided by the Department of Education shows that school district spending levies will increase significantly for many cities. Landfill -abatement laws approved Legislation was signed by Governor Rudy Perpich May 31 which will prohibit the disposal of mixed municipal solid waste in the seven -city metropolitan area after Jan. 1, 1990. This far-reaching legislation was supported by the MLC. The Metropolitan Council took the lead by proposing and lobbying this progressive piece of legislation. The initial drafts of the bill proposed by the Met Council included mandating recycling by cities. The MLC was successful in convincing the Met Council that mandatory recycling should not be a part of the legislation, because voluntary recycling efforts had not been tested. The Met Council conceded with the MLC's wishes and removed that provision from its bill prior to introduction. After Jan. 1, 1990, only waste that has been transferred from a resource recovery facility can be disposed in landfills. Hennepin, Ramsey and Washington counties are presently in the process of constructing two resource recovery facilities. MUNICIPAL Page Four LEGISLATIVE COMMISSION Minnesota passes largest tax cut ever In what Governor Rudy Perpich calls the "return of the golden days for Minnesota," the Minnesota legislature passed an $881 million personal tax cut as a part of its three -inch -thick, 534 -page omnibus tax bill. The effect of the cut takes Minnesota out of the number two rank for state tax burden and drops it to number six on a per capita basis. Taxpayers now have the option of paying a 9.9 percent maximum state tax rate -- if they choose not to deduct federal taxes -- compared with the previous national high of 16 percent with federal deductability. If they choose to continue to deduct federal taxes, the top rate has been reduced to 14 percent. It is estimated that 46 percent of Minnesota taxpayers will benefit from the lower rate without deductability and 34 percent benefit from continuing to use the federal tax deduction. The remaining 20 percent will see no effect of the changes, and can use either method. The bill takes major steps toward increasing the simplicity of filing for income tax returns. The new Minnesota income tax return will be only one page. 1985 INCOME TAX CUT Assumptions: All taxpayers $20,000 and above itemize deductions; IRA deduction would increase tax cut; reduction amounts assume most beneficial deductibility option is taken; tax cut is retroactive to January 1, 1985. Continued on next page Married, Two Wage Earners Married, One Waae Earner 70/30 Income Split Income Sincie Family of Four Family of Four $ 7,500 S -31 -12.38 No Tax Liability No Tax Liabilitv 10,000 -50 -11.4 $ -25 -33.68 5 -45 -59.75 12,500 -64 -10.1 -247 -55.1 -88 -34.1 15,000 -80 -9.3 -305 -45.2 -110 -25.4 20,000 -73 -6.8 -335 -36.5 -58 -10.1 25,000 -73 -4.9 -420 -30.9 -75 -8.1 30,000 -61 -4.2 -564 -30.1 -99 -7.6 35,000 -94 -4.0 -643 -27.6 -127 -7.6 40,000 -98 -3.6 -698 -25.3 -156 -7.6 50,000 -130 -3.7 -803 -21.9 -202 -7.1 75,000 -325 -6.0 -996 -17.2 -314 -6.6 100,000 -567 -7.9 -1269 -16.3 -555 -8,4 Assumptions: All taxpayers $20,000 and above itemize deductions; IRA deduction would increase tax cut; reduction amounts assume most beneficial deductibility option is taken; tax cut is retroactive to January 1, 1985. Continued on next page MUNICIPAL Page Five LEGISLATIVE COMMISSION Tax cut continued from page four The bill also eliminates numerous adjustments to federal adjusted gross income, the starting point for determining the Minnesota tax base. Further, it adopts federal definitions of itemized deductions and eliminates the differences between federal and state law on the charitable contribution, adoption and estate tax deductions. A major change which will provide significant tax relief is conforming to federal law on IRA reductions. Minnesotans will no longer have to add back their IRA contribution on their state returns. This change will provide about $70 million in tax relief in 1985. The included chart shows the effect of the personal income tax cut. Dedicated tax passed for sewer separation A state financial assistance program to aid in the abatement of combined sewer overflow to the Mississippi river has been enacted by the legislature. The program, which affects Minneapolis, St. Paul and South St. Paul, will provide loans, and in come cases, matching grants to the three cities over the next 10 years. A total of $6.75 million has been dedicated to this effort. Minneapolis will get $1.6 million, half in loans and half in grants; St. Paul, an estimated $4.8 million in loans and grants, and South St. Paul will receive $300,000 in grants only. Increases in cigarette taxes will help fund the overflow assistance -- four of the five -cent increase will go directly to combined sewer overflow assistance and outstate sewer grants; the other one cent will be credited to the public health fund, which will go toward anti-smoking programs, a lead contamination study, mosquito research and maternal and child health programs. If the state tax revenues increase as a result of a decrease in the federal tax, the revenue generated by an additional 2 cents per pack will be credited to the pollution control fund for sewer grants and to the public health fund. The MLC adopted a position of supporting the cigarette tax increase as a funding mechanism for the sewer separation projects for all three cities in April. The commission supported funding for all three cities because it is concerned about resolving the problem; if it isn't solved, according to MLC members, it will have an eventual impact on MLC cities, most likely in the form of hookup or construction moratoriums. MUNICIPAL Page six LEGISLATIVE COMMISSION New legislation approved for IRB distribution A new method for the distribution of industrial revenue bonds will be in place in 1986, legislators decided this year. In an obvious compromise between House and Senate versions of industrial revenue bond financing bills, the new law provides that beginning in 1986, only six cities will be classified "entitlement" users. Three of those cities -- Rochester, St. Cloud and Duluth -- will be entitled for $5 million each; three others -- Minneapolis, St. Paul and Duluth -- will be entitled $200 per capita. All other cities will be included in a common pool; IRB allocations will be distributed on a first-come, first -serve basis. A priority system wil be used to determine allotment amounts. Manufacturing will receive first priority, followed by pollution control facilities. Commercial properties, which historically have had the greatest IRB allotments, will have the least priority. No more than 35 percent of this pool can be used for commercial development. Because of a diversity of member opinion, the MLC decided early in the legislative process to monitor, but stay neutral on IRB legislation. Regional parks changes enacted New money and a new structure for the regional parks board are a part of the legislative package this year. The legislature appropriated $2 million a year to fund the operation and maintenance expenditures of regional parks. The metropolitan council will distribute the money as follows: 40 percent based on the use that the area gets in proportion to the use of the total system; 40 percent based on the previous years' expenditures in proportion to the expenditures of the total system; 20 percent based on the acreage of the area. The MLC opposed this type of funding for the operations and maintenance of the regional park system in the seven -county metropolitan area. Its opposition was based on the belief that when a regional park was acquired, there was an understanding that the city would pay for future operations and maintenance. This direct appropriation is contrary to that belief. Continued on next pace MUNICIPAL Page Seven LEGISLATIVE COMMISSION Regional parks continued from page six The MLC was in support, however, of the Metropolitan Council's bonding request of $25 million for capital improvements and land acquisitions within the regional park system. That request was modified to $12.75 million and passed. Uses of those bonds include systemwide research and planning, a new regional park on the east and west banks of the Mississippi river north of the Camden area of Minneapolis and south of Interstate 6^4, as well as numerous improvements to existing regional parks. The Hennepin County Park Reserve District's composition and name have been changed by the legislature. Two park district commissioners will be appointed by the Hennepin County Board of Commissioners. These commissioners must reside in suburban areas. Minneapolis, which currently has three members on the seven -member board, will have none after Sept. 1, 1985. In exchange for this lack of representation, the city of Minneapolis will no longer have to levy for the Hennepin county park system. The new composition will include two park district commissioners from suburban areas appointed by the Hennepin County Board and five commissioners elected from suburban areas. The Hennepin County Board of Commissioners has the opportunity to veto or modify the park reserve district's budget under the new legislation; however, a two-thirds majority of the park district commissioners can overrule the veto. It is estimated that because Minneapolis will no longer be required to levy for the park system, an additional one-third to one-half mill will have to be levied among all other Hennepin county cities. The new name of the Hennepin County Park Reserve District is the Suburban Hennepin Regional Park District. Briefly New MLC Executive Board The process for new leadership has begun. Committees to nominate candidates for MLC president as well as commission treasurer and secretary have been formed, and nominations and the election of new officers are expected at the July 24 MLC board meeting. Continued on next page MUNICIPAL EGI TI�7 . LSLA E COMMISSION 4.u` 11' .� ` Briefly continued from page seven Next MLC Meeting The Municipal Legislative Commission will conduct an operating committee meeting, board member meeting, social hour and dinner for mayors, cit council members, city managers and legislators July 24 at the Decathlon Club. The operating committee will convene at 3 p.m., the board meeting at 5 p.m. and the social hour will begin at 6 p.m. Discussion of the MLC's 1986 budget will be included in the operating committee meeting; Rep. Bill Schreiber, chairman of the House Tax Committee, will be the guest speaker at the dinner. Schreiber will comment on the results of the 1985 legislative session. MLC welcomes new Burnsville city manager The city of Burnsville has a new city manager. Linda Barton came to Minnesota from Corvallis, Oregon, where she spent the last five years as deputy city manager. Barton, who has a masters degree in public administration from the University of Colorado, came to Burnsville June 3, with more than 10 years experience in city government. She spent her first five years in Lakewood, Colorado. Now she is learning, she says, that metro government, and local government aids in particular, are much different in Minnesota from those of other states. uNioNs A REVOLUTION IN EMPLOYEE RIGHTS IS IN THE MAKING The growth of unions... -means that W United States is gradually shifting from a capitalistic community to a laboristic one—that is, to a communi- ty in which employees rather than bumnessmen are the strongest single influence. —Sumner H. Slichter, Harvard Uni- versity, 1946 Oncehailed for its foresight, this provocative statement by the most prominent labor economist of his time now seems merely another example of clouded vision in academia. Although unions had organized 307, of the nonfarm work force by 1946—up from only 13.5% in 1935 --they declined just as fast in the 1970s and 1980s. Obvi- ously, Slichter didn't anticipate the huge shift of employment from manufactur- ing to services, among other things. But his assertion that an "employee class"— union and nonunion—would be influen- tial in shaping public policy on employ- ment practices is truer today than ever. The weakening of unions is stimulating the growth of an embryonic employee - rights movement that will forge revolu- tionary changes in the workplace and in the way companies manage people. Workers are not yet clamoring for these rights through collective action. The movement has no picket lines and no Walter Iteuthers or Jimmy Hoffas. But employee dissatisfaction with the boss -worker relationship in many compa- nies is showing up clearly in polls, sur- veys, and a growing volume of court suits. In today's nonunion climate, the courts and state legislatures are becom- ing the most effective champions of em- ployee rights. tw"M KMm, Organized labor's share of the work force is down to 19% and drop- ping fast. If this trend persists—and nothing on the horizon appears likely to change it—by the year 2000 unions will represent only IV- of all nonfarm work- ers. Labor's political and bargaining muscle will continue to atrophy. PERCENT OF NONFARM WOiU! FORCE ORGANIZED IN THE U.S. 32 30 2s 26 14 22 20 1e 16 11 1 12 10 19x0°S� '65 '70 '75 'M 't5 11 '9s 2000 I Est----� DATA: LEO TROY AND NEIL SHEVLPI. UNION SOUROEBOOI( IRDIS, WEST ORANGE N.J.; 19852000 PROEICH CT04& RICHARD B. FREEMAN OF HARVARD UNIVVr Y, - 72 BUSINESS WEEK/JULY 8, 1985 COVER STORY Employer,' have gained the upper hand in par" by using sophisticated tac- tics, sometimes illegal, to defeat organiz- ing attempts. But a rude shock is in store for managers who think that fad- ing union strength Rill enable them to deal with workers in a free and unfet- tered way. Says Paul C. Weiler, a labor law specialist at Harvard: "Some busi- ness leaders think they will get a union - free environment, but what they may get is a legalized environment." In the pact, labor has won its broadest rights and protections from the federal government. The Reagan Administra- tion, however, is moving in the opposite Employee rights are being expanded at the state and local level by: • Right -to -know laws requiring companies to di- vulge information on hazardous substances used in the workplace (25 states) • laws protecting corporate and government whistleblowers (21 states) • Court decisions eroding employment -at -will doctrine (30 states) • Laws prohibiting any mandatory retirement age (19 states) • Laws requiring notice of plant shutdowns and severance pay for affected workers (3 states) Employee privacy is protected by: • Limits on data about individuals that govern- ment can disclose to employers (10 states, plus Federal Privacy Act of 1974) • Laws limiting use of polygraph tests for job applicants (20 states), giving employees ac- cess to their personnel files (9 states); restrict- ing use of arrest records in hinng process (12 states) Standards for a safe and healthful work- place are established by- • Occupational Safety 8 Health Act of 1970; 24 state laws • Federal Mine Safety 8 Health Act of 1977 SWI =— direction: It has stopped issuing new safety- and health regulations and is dis- mantling laws dealing with wages paid by government contractors. But this hasn't dampened a growing desire for new job rights as the baby -boom genera- tion takes over the workplace. And now the states are stepping forward to take up employee causes (table). VneSTLEBLOwom Many states are pass- ing laws protecting whistleblowers— workers who report legal violations by their emplover or who refuse to carry out orders that violate a public policy, such as an environmental law. Right -to - know laws requiring employers to identi- Basic protection against discrimination in hi ing, promotion, and discharge is granted • Civil Rights Act of 1964 • Age Dtscnrrrrm on in Employment Act of 1967; 1978 amendment disallowing mandatory retirement before age 70 • State and bcal laws, some of which add pro- tection for marital status and sexual orientation Sex discrimination in pay is prohibited by: • Equal Pay Act of 1963 • Sorne federal court decisions requiring equal pay for cornparable work Funding, vesting, and other standards for pensions and other benefft plans are set by: • Employee Retirement Income Security Act of 1974; state taws National minimum gage, 40 -hour work creek for reg" pay, and ottner working conditions are set W. • Fair Labor Standards Act of 1938; state wage and hour Laws (all states) Company abiifty to discharge and discipline employees for union activity is limited by: • National Labor Relations Act of 1935; Rail- way Labor Act of 1926 DATA OW, PRIVACY JOURNAL, BUREAU OF NATCNAL AFFAIRS fy hazardous substances used on the job are spreading. Nineteen states have al- ready decreed that companies may not force workers to retire at any age Doz- ens of states have statutes protecting employee privacy, including restrictions on using polygraph tests to screen job applicants. These state laws add an important new layer to the major antidiscrirnina- tion laws and other labor legislation of the 1960s and 1970s. Employers may no longer hire, fire, and promote people on the basis of skin color, sex, age, religion. or—in some states and cities—marital status or sexual orientation. Other laws require that companies meet govern- ment safety and health standards, vest and fund benefit plans under federal and state rules, and adhere to complex rules for scheduling hours of work and bar- gaining with unions. At the same time, state courts are opening up a new area of company deb sion-making to review by judges and ju- ries: Management's ability to fire em- ployees for reasons unrelated to discrim- ination. The time is coming when nonunion employees will no longer serve entirely at the employer's will—the so- called employment -at -will doctrine that has prevailed in the U. S. since the late 1800s. California is likely to pass the fast state law prohibiting unjust dis- missal by private emplovers, and similar legislation is pending in four other states. Slowly but inexorably, judicial and legislative law is recognizing that even nonunion employees have an implic- it employment contract that is enforce- able in the courts. vapucwtAwr IlIOT10k Judges, in particu- lar, appear to be changing the law to reflect the values of "a nation of em- II ployees," as Slichter put it in the 1940s. Indeed, the New Jersey Supreme Court two months ago used this precise phrase I to help explain why it departed from the employment -at -will doctrine in ruling that an employee was wrongly dis- charged (box, page 74). Concludes John T. Dunlop, the economist and former La- bor Secretary, who was a colleague of Slichter. "I think the notion that an em- ployer can get out of bed and fire any- body for any old reason is repugnant to a society of employees, whether they are organized into unions or not." This trend is moving the U. S. closer to the European practice of legislating many of the terms of employment_ In the process, the U.S. is drifting away from the collective bargaining system that has dominated employee relations i and wage patterns since the 1930s. It was set in place by the National Labor Relations Act of 1935, which encouraged peaceful bargaining as a national pol- COVER STORY BUSINESS WEEK; JULY 8, 1985 73 icy. Government acted only as an exter- nal regulator of the system, while unions and companies negotiated the terms of their employment relationship in private. And organized labor became so firmly entrenched in leading indus- tries that its wage bargains tended to set pay levels throughout the economy. The new state statutes and court rul- ings deepen government involvement in the workplace. Except for setting the minimums for hourly wages and over- time rates, the government still doesn't determine pay levels. But all the other rules combined do more than simply nib- ble around the edges of employer deer cion -making: They add up to important limits on management. "This represents a very dramatic shift in philosophy," says Theodore J. St. Antoine, a law pro- fessor at the University of Michigan. Now government is imposing substan- tive terms on the conditions of employ- ment" F rthermore, warns John T. Joyce, president of the International Union of Bricklayers. employers face "a choice between collective bargaining or public laws regulating the workplace." Emplovers both gain and lose flexibili- ty because of this shift On the one hand, they need no longer base their wage and salary decisions primarily on remaining competitive with union pat- terns. But increased government regula- tion in other areas will be costly. Unjust - dismissal laws alone could have an enormous impact on management meth- ods, forcing changes in hiring, evalua- tion, and termination procedures. '"Phe cost to employers would be gargan- tuan," says Philadelphia attorney David F. Girard-diCarlo of Blank, Rome, Co- miskv & McCaulev, which represents about 100 large corporations. urllE HEADWAY. Despite the steady ero- sion of union power, organized labor will remain deeply embedded it industries such as autos, mining. steel, construc- tion, retail food, railroads, airlines, and trucking. But while these old bastions of strength are crumbling, unions are mak- ing little headway in organizing such growth industries as financial services and high technology. Union membership in private industry has been dropping even faster than in the economy as a whole, plunging from 35.7' of the non- governmental work force in 1953 to less than 17% today. Labor's membership problem can be simply put: Its share of the nonfarm, private work force is shrinking annually by 3", per year as members retire or lose their jobs in the smokestack indus- tries, according to labor economist Rich- ard B. Freeman of Harvard. But unions are winning only 0.3`� of the work force every year in representation elections. Unless something unanticipated—such as another depression or dramatic break- throughs in organizing white-collar and clerical employees—broadens labor's ap- peal, the long-term decline will continue. Several factors explain the unions' dwindling ability to organize newmem- bers, according to Freeman and Henry S. Farber of the Massachusetts Institute of Technology. Unions currently- are win - ROLLING BACK THE BOSS'S RIGHT TO FIRE AT WILL One day in 1978, engineer Rich- ard M. Woolley got the kind of news most of us dread. His boss at Hoffmann -La Roche Inc. had lost confidence in him. After nine years the Nutley (N. J.) company wanted Woolley out When he refused to re- sign, Hoffmann -La Roche fired him. Woolley sued, but he didn't seem to have much of a case. For a century, the law in New Jersey—and in the rest of the U. S.—had held that companies had an absolute right to fire workers at will. Only a specific contract provi- sion could limit a company's options. On May 9, 1985, New Jersey's high- est court changed the law. It decided Hoffmann -La Roche could be held to job -security assurances implied in its employee manual. The old rule, said the court, "must be tested by its legiti- macy today, and not by its acceptance yesterday." 06%JMMA RULE. The decision adds New Jersey to a list of six influential states, including California and Michi- gan, where courts have declared broad new limitations on the power that em- ployers have to dismiss workers. It's a legal revolution—and it's spreading. Everywhere, says New Jersey lawyer Marvin Goldstein, fired employees are forcing courts to reevaluate the Us& tional rule. Judges, says Goldstein, "feel some wrong has been done, and the only way they can solve the prob- lem is to change the law. And that is what they are doing—very radically." American law took its sharp turn in favor of emplovers in the late 1800s, when other industrialized countries were recognizing job -security rights. U. S. courts found support for a differ- ent approach in the writings of Horace G. Wood, a legal scholar whose 18W treatise stated that the "rule is inflext ble" in America: Without a specific contract, all employees can be fired without cause. Many experts today say "Wood's nile" was wrong—that it was an incor- rect interpretation of earlier court deci- sions. But it suited the laissez-faire mood in the late 1800-,, and American courts quickly adopted it. Let R. Lar- son, arson, a North Carolina law -ver who has just published his own treatise, Unjust Dismissal, says the rule "was adopted because U. S. business liked it." OTHER EXCEPTIONS Manv courts are still resisting the pressure to change. But, though few have gone as far as the leading states, 23 others have al- ready recognized more limited excep- tions to the old "employment at will" approach. Many courts and legislatures have declared that employees can't be fired for disobeying an order that vio- lates public policy. In April, for exam- ple, the Texas Supreme Court ruled for the first time that a company can't fire a worker "for the sole reason that the employee refused to perform an illegal act" John E. McFall, a Dallas business lawyer, points to the decision as evi- dence that pro employee rulings else- where "are pulling the rest of the country along." The Hoffmann -La Roche case was typical of the claims employees are now mustering. The company's person- -.nel handbook seemed to promise em- gtoyees would be fired only for cause --end then only after detailed procedures had been followed. But Hoffmann -La Roche contended that the language didn't constitute a prom - 74 BUSINESS WEEKiJULY 8, 1985 COVET STORY ning only 45` to 5(1`!' of representation elections. down from 75`;< in 1950. The shift of employment from manufactur- ing to services, and from the Northeast to the South, along with the increase in white-collar and female employment, ac- counts for about 40'- of this declining success rate, the economists say. Some 20r, is attributable to the unions' re- duced organizing efforts. But 40`� of the problem, Freeman says, comes from in- creased management opposition. This in- cludes the illegal firing of union activists to defeat organizing campaigns. The perception that unions are declin- ing as a force in society may be one reason state courts are increasingly will- ing to put the employee above the pri- vate property interests of employers. Rarely before, for example, had compa- ny officials been held criminally liable for job-related health problems. But in an unprecedented verdict on June 14, a county judge in Chicago found three company executives guilty of murder in the death of a worker who had inhaled cyanide fumes. Growing numbers of well-educated, ise. And even if it did, the company argued, it wasn't legally binding. The New Jersey Supreme Court de- clared that companies can no longer have it both ways. From now on, if a personnel manual offers job security, the company may be stuck with an en- forceable obligation. "All that this opinion requires of an employer," said the court, "is that it be fair." touam TAm Large companies with op- erations all over the U. S. are particu- larly concerned about the develop- ments. Since thev can't tailor their policies to each state's laws, they are being forced to conform to the most liberal interpretations. Some are trying to avoid the problem by eliminating any promise of job security from em- ployee handbooks. Other companies, such as Sears, Roebuck & Co., have long talked tough to prospective em- ployees. The retailer has applicants sign a form declaring that their jobs can be terminated at any time "with or without just cause." The form has helped Sears win court cases. Many personnel managers are build- ing new systems to document their cases. Says Mark A. Jacoby, who heads the employment -law practice at Weil, Gotshal & Manges in New York: "To minimize liability, corporations have to treat each dismissal as though it were under a 'just cause' provision of a contract." As companies devise defenses, one new reality confronts managers: More than ever, firing deci- sions are likely to be second-guessed. By lVilliam B. Glaberson in Neu York white-collar employees are adding to the pressures for protective labor laws, notes Denver attorney Warren L. Tom linson in the May issue of the Labor Lou Journal. He predicts an increase in state laws on health and safety and em- ployee privacy. In mid-June, Oregon be- came the first state to pass a law setting health guidelines for the use of video display terminals by state and municipal employees. The Service Employees In- ternational Union and 9 to 5, National Association of Working Women cam- paigned for the law and are pushing similar legislation in 19 other states. Dimr Duwowrotr. However, nonunion employees are also making themselves heard on work issues, through company surveys and public opinion polls. A re- cent BUSINESS WEEK/Harris Poll re- vealed a startling undercurrent of dis- satisfaction with management, even among professional employees and exec- utives (page 76). Only 365, of the profes- sionals and 35% of executives who ap- proached management with work-related problems were "very satisfied" with the solution. Indeed, 387, of the professional people polled said they had protested work conditions as members of a group. but only 24`,, had received real satisfac- tion. 'The lack of satisfaction is ample evidence that the seeds of discontent are very deep," Harris says. Company surveys show that employ- ees want more than pay, benefits, and job security. Today's workers. says Wal- ton E. Burdick, personnel vice-president at International. Business Machines Corp., are interested in "participation in the destiny of the company, the public responsibility of the firm, the quality of management, and the content of the job." These demands are converging with competitive pressures to produce a trend that is related to the employee - rights push. It involves reorganizing work and giving workers more control over their jobs. The movement is taking place in thousands of factories, stores, and offices, and it is likely to become a permanent part of the U. S. industrial relations system. Among nonunion companies, mean- while, more and more managements are patterning their labor policies on model LANDMARKS IN THE MOVE TOWARD EMPLOYEE RMM 1! rfir� TL arr1Rtl[ATmm arorfflQsooff OF rUMLSYM CALIFORNIA, 1959 A union's business agent was called to testify before a legesiative committee. His boss, he said. told him to we when asked certain ques- tions. He didn't, and he was fired. DECts*N An appeals court declared: "It would be obnoxaus to the interests of the state and contrary to pudic policy and sound morality to allow an employer to discharge an employee on the ground that the employee declined to comm it perjury." Nos" 11& i llll R CO. NEW HAMPSHIRE, 1974 Olga Monge operated a machine at $1.84 an hour. When a job opened in the shop that paid =2.79, she applied for it. Her foreman, she testified, said that if she wanted the promo- tion, she would have to be "nice" to him. She wasn't interested --and she was fired. DECtS*N A disimssai motivated by bad faith is a ground for an employee to bring suit FOti1AE VS. 1111011104M GSA REGiSM CO. MASSACHUSETTS, 1977 NCR reduced a salesman's rank the day after he placed a $5 millhon order. DECISION There was enough evidence to ndt- cate that the company took the action to pay him as ithe as pDw&e in Commissions. An ernployrnent contract contains an rr,pied term that the employer will act in good farm rOWAM 115. KIM CROSS & 9M SA MICHIGAN, 1980 When Charles Toussaint was being nter- viewed for a job at Blue Cross 8 Blue Shield, he asked about job security. He was told, he MW charged, he could stay with the company "as " as I clid my job " He was given a handbook mat Said the company ,,red em- pk)yees for just cause only. Five years later he was let go—without mise, he ctairned. DECIMM Employees can use Printed compe- ry staternarits and proof of oral assurances of job security, said Michigan's highest coot, to esfablid a cocrtraca,al right to be bred or* for just cause. !M VL SM CAMIS AK. CAUFORNIA, 1981 After 32 years with See's Candies, Wayne Rrgh had risen from pot washer to vice -pr dent The company had just co rrpieted its most successful season. He was caked into the president's office and bold his services were no longer needed. When he asked why, Rtgh charged, he was told to "kook deep with. - in [him)self." DECLSM From the length of errlpbynnerrt the series of promotions, and the lack of crt- aism, a jury could reasonably conclude that the company had obligated itself to deal with Pugh only in good faith. � RS. AICGRAIM4KL WIL NEW YORK, 1982 A McGraw-Hill executive recruited Waftan Lewis Werier from competitor Prentice tta _ One of the incentives mentioned, Werner lat- er darned, was McGraw+W's pb-secuity policy, sited dearty in the comparres em- ployee handbook. Eight years later, warner was dismissed for "lack of application." DECISION The influential New York Court of Appeals declared that the combination of fac- tors cited by Weiner would have the force of a contract obligating McGraw -FU not to bre without just cause. COVER STORY BUSINESS WEEK/JULY &, 19M 73 • prodded by such leaders as IBM and Hewlett-Packard Co., which have been committed to good employee relations from their founding. This means paying competitive salaries and benefits, provid- ing amenities such as recreation facili- ties, involving workers in decision-mak- ing, and treating them fairly. Nonunion companies, in particular, are instituting formal systems, similar to union griev- ance procedures, that enable workers to resolve job-related problems. And no -lay- off policies are spreading. Materials Research Corp., of Orange- burg, N. Y., a supplier to such computer manufacturers as IBM, adopted a no -lay- off policy four years ago. During the recession of 1981-82, MRC kept 100 excess employees on the staff at a cost of $4 milbon, and the company vows to retain the policy during the current computer slump. The increased employee loyalty to the company has reduced turnover among the 1,000 employees to less than 1% per month, thereby cutting tae cost of hiring new people. "I tell every new employee that we have a contractual re- lawnship," declares Sheldon Weinig, chairman and founder of MRC. "If they do a first-class job, pursue further edu- cation, and are willing to work heavy overtime, they have a job for life." The U.S. has by no means seen the end to management exploitation of workers and labor conflict- However, Alan F. Westin of Columbia University, who has studied employee -rights issues for 30 years, says companies won't be able to return to the practices of the 1940s and 19.50s as the threat of union organizing diminishes. Even then, the employment -at -will concept was accepted by workers and managers alike. But, comments Westin, "there has been such a deepening of the concept of employee rights that even most managers believe in it." Westin adds: "Todav the ordinary American feels that fair treatment means that he can be fired for lack of business but not for lack of cause by abusive managers." Some 60 million nonunion workers are employed "at -will," according to Jack Stieber, director of Michigan State Uni- versitv's School of Labor & Industrial Relations. About 100,000 to 150,000 of these workers are unfairly fired each year, Stieber calculates, but few have enough money or access to legal advice to undertake a court fight. Most court suits are brought by executives and oth- er white-collar employees. "MoTTawr Towc., Nevertheless, wrong- ful -discharge suits are proliferating in the courts. Richard G. Moon, a Portland (Me.) management lawyer, estimates that 5,000 to 10,000 such cases are initi- ated each year. The majority are dis- missed, but not without some expense for the employer. "This is the hottest topic in the law field," Moon adds. Mean- while, the federal Equal Employment Opportunity Commission and state and local human relations agencies in fiscal 1983 received 120,000 complaints of job discrimination, a 30% increase over 1982. The increasing litigiousness on the part of workers is sending a message to the courts. "We get our social status, our pension, and our ability to live a decent life from work," says Columbia's BWAARRIS POLL: CONFIDENCE IN UNIONS IS CRUMBLING ]though laws and court deci- sions are beginning to assume the task of defending—and ex- tending—the rights of employees, a role that's slipping away from the de- clining labor movement, unions in fact provided the model, and they do still. To an astonishing degree, unions con- tinue to be seen as the workers' proteo- tor. According to a recent opinion sur- vey of employed adults commissioned by BUSINESS WEEK and conducted by Louis Harris & Associates Inc., 73% of Americans agree that unions improve wages and working conditions. Even people in the South, a region notorious- ly hostile to unions, by and large as- sent to that statement: 68% agree. Curiously, Americans seem able to hold a favorable view of the role of unions while still finding fault with the unions themselves. For example, a ma- jority-54%–believe that unions stifle individual initiative, an opinion held uniformly around the nation. Men lean toward this position more than women, and executives and professionals hold it in even greater numbers. So do the fabled yuppies—people age 18 to 39 with some college education. Similarly, about half the sample be- lieve that unions increase the risk that companies will go out of business, a view strongly shared by people in up- per-income groups. It's noteworthy that Easterners, who endured the wave of industrial desertions to the nonunionized South three decades ago, hold this view more strongly than Mid- westerners, who suffered similar dislo- cations much more recently. But the finding that may reconcile the contradiction in Americans' view of unions is this: Asked to agree or dis- WHAT WORIM WAR FROM THEIR JOSS Q. If you had to chop whieh two or three of these are most important to you on the job? �. A good salary 63% Job seauity 53 Appreciation for a M job well done A chance to use you mind and abilities Medical and other benefits 36 Being able to retire earl with a good pension 20 A dean, quiet, comfortable 1! place to work Survey of 967 wr ayW advu, Owdwwd MOW 3o,k9e 2. Ov" nwta ,nand be O=MW ID wan k PWCWOge Pants edvr way Wk IDIS M FF95 d kSMTE5 rG FOP BIHESS W& agree with the statement that "most employees today don't need unions to get fair treatment from their employ ers," 58% agreed. Whatever function unions served, it's considered outworn, since the battle has been won. MONEY AND SECURITY. Not many Americans are interested in unions any longer. Asked if they would vote for a union at their workplace "if an election were held tomorrow," a solid 63% said no. The only major exceptions: blacks, who proved enormously receptive to unions and their aims; and employed women, 44% of whom said thev would vote for a union. Significantly, both groups are at the low end of the wage scale. What most Americans seem to want from their jobs is a combination of benefits and satisfactions, some of which they believe unions are good at getting and some of which seem to be irrelevant to the union question. The principal concern is money, followed by job security (table). But the two items that follow garner a surprisingly high vote: appreciation from the boss, and a chance to use abilities to the fullest. One sidelight on this last item: The lowest and highest income groups are uniquely more interested in job satis- faction, just as they are uniquely less interested in job security. By Ephraim L,-wis in Nein York 76 BUSINESS WEEK/JULY 8, 1985 COVER STORY Westin. "So the courts are saying there's a stigma to being discharged. and today they're more and more willing to protect individual employees from the capricious actions of management." The employment -at -will doctrine is likely to remain, stubbornly alive in many states. But the increasing court action is putting pressure on legislatures to codify the judicial law in statutes. Bills prohibiting firings except for "just cause" --criminal acts, drunkeness, in- competence, excessive absenteeism, and the like—are pending in California, New York, Pennsylvania, Tennessee, and to illegally fired people. In Britain, for example, employees are seldom reinstat- ed to their jobs: instead, they receive a monetary award, which in 1978 amount- ed to only five weeks' pay for the aver- age wage earner. The widespread accep- tance of these laws by employers, Estreicher says, "may well be attributed to their ability to insure themselves without excessive costs." In the U. S., employers decades ago similarly escaped huge damage awards for job-related in- juries by supporting passage of state workers' compensation laws. The campaign for unjust -dismissal WTINNI AND KM %OYUS OF MATQIAU R[MLARM LPWTWU DOU FOR FlfT-Mit 1MOR!=i Massachusetts. One will be introduced soon in Michigan. The bills are much broader than the technical decisions so far handed down by the state courts, and most employers argue that this leg- islation would force them to keep incom- petents on the job. WARDING OFF DAMAG[i. Kenneth J. McCulloch, of the New York law firm of Townley & Updike, believes that "a large number" of states will pass unjust - dismissal laws during the next decade. By the mid-1990s, he predicts, there will be a federal unjust -dismissal law. Other experts doubt that the trend will go so far so fast. Yet all agree that increasing- ly large punitive damages awarded to wrongly fired employees add to the pres- sures for legislation. An unjust -dismissal law would probably let workers appeal to a mediation or arbitration agency but would also bar them from suing the em- ployer. "The smart employers are going to start agitating for some kind of legis- lation to manage these cases before they find themselves socked with a lot of damages," says Andria S. Knapp, a Uni- versity of Pittsburgh law professor. The cases often go to juries made up largely of employees who are sympathetic to the problems of other employees. Indeed, notes Samuel Estreicher of New York University, experience under the wrongful -discharge laws in Europe- an countries indicates that employers generally make only modest payments laws is furthest along in California, where juries have granted generous damage awards to many discharged em- ployees. During a five-year period ended in 1983, employees won 48 of 74 jury verdicts, according to the State Bar of California. Six of the plaintiffs were awarded damages in excess of $1 million each. Townley & Updike's McCulloch, who represents company defendants in California employment -at -will cases, de- scribes the employment climate there this way: "Our clients have more prob- lems with employees in California than any place else, because people there are more oriented toward individual rights. You could call them free spirits." In ad- dition, he says, the liberal court attitude on at -will cases draws lawyers to this increasingly lucrative practice, and the lawyers promote even more uses. To avoid the possibility of such awards, employer groups such as the California Chamber of Commerce are supporting one of two unjust -dismissal bills pending in the legislature. This bill reaffirms the principle of employment - at -will, prohibits only the whistleblower type of discharge, puts the burden of proof on the employee, and prevents em- ployees from suing for damages in most cases. The second and more liberal bill pending in California is sponsored by the American Civil Liberties Union and al- lows an employer to fire people only for just cause. Moreover, the worker is pre - sumed innocent and stays on the job un- til the employer proves wrongdoing be- fore a mediator or an arbitrator. A compromise bill probably will be passed in 1986. But the very introduction of the bills raised a crucial and highly sensitive question for organized labor. Could it afford to refuse support for legislation that would help 7 million non- union workers, even though an unjust - dismissal law might hurt union organiz- ing efforts? In the end, the California An,= decided to support the AcLu bill, although it is not the top legislative p6 ority. Some union activists believe the bill would help organizing campaigns be- cause it would prevent dismissal for union activity. In New York, Massachu- setts, and Tennessee, state AFL-CIO offi- cials; gals say they are interested in support- ing unjust -dismissal provisions, but the bills are nowhere near passage. Pennsyl- vania AFLOIO leaders are still studying the bill in their state. rART-TIRE LaADm& It seems unlikely, however, that organized labor will actu- ally lead the fight anywhere for such legislation. Although opinion polls make it clear that Americans favor a broaden- ing of employee rights, there is as yet no organization behind it. But such groups may eventually spring up. In New York State, an organization called the National Congress of Employ- ees was incorporated less than a year ago. Its two part-time officers drafted the unjust -dismissal bill now pending in the New York legislature, and the NcE has requited a few dozen members. It could well be the first nonunion associa- tion founded to represent all employees, although not as a bargaining agency. Members' dues would go primarily for lobbying activities. It is still questionable whether organi- zations such as NCE can persuade & verse groups of employees that they have mutual interests. In February the AFL -00's Committee on the Evolution of Work suggested that unions might help form such organizations, but some union leaders strongly oppose the idea. As for unjust -dismissal laws, the national AFI, Cao hasn't developed a position on sup- port upport or opposition. Top federation offi- cials refuse to accept the premise that legislation is an acceptable substitute for bargaining, or that unions are in a state of permanent decline. But with or without unions, an em- ployee -rights movement will continue to gather force. One way or another, em- ployees will gain more influence over their work lives. Companies that fail to see that will be in trouble. By John Hoerr in New York, with Wil- liam G. Glaberson in Neu- York, Daniel B. Moskowitz, Vwky Gahan, and Michael A Pollock in Washington, Jonathan Tasini in Loa Angeles, and bureau reports COVER STORY BUSINESS WEEK/JULY 8, 1985 77 July 8, 1985 Mr. David C. Olson, President Twin West Chamber of Commerce Suite 352 400 South County Road 18 Shelard Plaza South St. Louis Park, MN 55426 Dear David: Let me warmly welcome you to Twin West. Congratulations on being appointed President. Jim Willis, Plymouth's City Manager, is a member of the Twin West Board of Directors and speaks very highly of you. Plymouth is excited to be one of the Twin West Chamber commu- nities. Doug Ewald's shoes are large ones to fill but there is great optimism that you are the one most capable of doing so. I have marked off Wednesday, August 7th on my calendar and will look forward to meeting you personally at The Marsh. In the meantime, David, if I, any member of the City Council or City staff can ---)>e of help to you to become more oriented to Twin West, please, Q'al�, upon us. SipcerelX, Davfid J. DAvenport o Ma r DJD: ca 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559.2800 July 12, 1985 CITY OF PUMOUTR Dr. Roger Adams Superintendent of Schools Independent School District 284 210 Highway 101 Wayzata, MN 55391 Dear Roger: I read in the Plymouth Post that the School District is considering offers for the sale of the Beacon Height Elementary School. Last January 7, repre- sentatives of the City and Beacon Heights neighborhood and Dr. Shirli Vioni and Stan Tikkanen from the School District met to discuss the possible reuse of the Beacon Heights site. At the conclusion of that meeting, we were given the understanding that District officials would be giving additional consideration to the possibility of moving the administrative office of the district to the Beacon Height site and selling the Highway 101 property. In any event, we have not heard further from the District with respect to that concept. In February, I met with Jim Kemp and also wrote him with respect to possible uses of this site pursuant to the City's zoning code. A copy of my letter of February 27 is attached. Given the fact that the School District is again reviewing this matter, I believe it is important for you to be aware of the City's previous posi•t.ion with respect to the reuse of the property, specifically as it relates to a possible rezoning. Please give me a call at your earliest convenience in order that we might sit down and review this matter more fully. Yours truly, S G. Willis City Manager JGW:jm cc: Mayor & City Council 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 559.2800 E February 27, 1985 f t Mr. dim Kemp, Chair Board of Education Independent School District 284 210 Highway 101 Plymouth, MN 55447 RE: BEACON HEIGHTS SCHOOL SITE Dear dim: .�Y CITY OF PLYMOUTH+ I am writing this letter to follow up our meeting yesterday regarding the Beacon Heights Elementary School property and its possible reuse by the School District. Earlier this year Mayor Davenport convened a meeting of the Beacon Heights Elementary School Committee which had been formed as a result of the previous Council consideration of a request of Mrs. fan Carlson to use the property. This meeting was held on January 7. A copy of my meeting notes are attached. You will note from a review of these notes that Mayor Daven- port conveyed the Council's belief that the property should remain in its present low density - single family residence (R -1A) zoning classification. This zoning classification is consistent with adjacent land uses and clearly represents the desire of those residing within the area. Schools are commonly located within residential districts and we recognize the difficulty this may create when the school is no longer needed and the District seeks to convert the property to some other use. The Plymouth Zoning Ordinance provides that within the R -1A zoning district there are other non-residential uses which are allowed by conditional use permit. The following is a list of those which are contained within the City's zoning ordinance (Section 7, Subd. C) 1. Planned Unit Development (PUD) as regulated in Section 9. 2. Agriculture, *he keeping of one or more horses, nurseries, green- houses for growing only, landscape gardening and tree farms, includ- ing sale of products grown on premises. 3. Parks and recreational areas owned or operated by public bodies, other than the City of Plymouth. 4. Private recreation including golf club house, country club, swimming pool or tennis club. 5. Public schools or equivalent private schools. 6. Churches or other religious or philanthropic institutions, cemeteries. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559.2800 - . vim r. filly February 27, 1985 Page 2 7. Day care center and nursery school when operated in churches or public or private schools. S. Municipal, administrative or service buildings or uses including public and semi-public institutions, libraries, museums, post offices, etc., except industrial type uses. 9. Essential service buildings. 10. Home occupations as defined by this ordinance. 11. Railroad rights of way. 12. Cemetery 13. Mining or land reclamation. Jim, that represents the entire list from the ordinance. A number of those conditional uses are obviously not of interest to the School District. The Planned Unit Development (PUD) requires a minimum of a 40 acre parcel unless the petitioner can demonstrate that the minimum area requirement should be waived because the PUD is in the public interest and that one or more or both of the following conditions exist: a) Unusual features of the property itself or the surrounding neigbor- hood are such that development under the standard provisions of the normal district would not be appropriate in order to conserve a feature of importance to the neighborhood or community. b) The property adjoins property that has been developed under the provisions of the PUD ordinance and will contribute to the amenities of the neighborhood. In any event, the minimum project size cannot not be less than 15 acres without a special variance approved by the City Council. Other conditional uses within the present zoning provide the District with the opportunity to have the facility converted to a private school and nursery school or perhaps, administrative offices for the District. This latter use was also one of the options considered by the District's Beacon Heights Committee and is referred to in their report of February 22, 1983. Mayor Davenport's committee is prepared to meet again to discuss the Beacon Heights School use. As noted in my January 7 meeting notes, the Committee anticipated meeting again after the School District had developed additional information on the possibility or feasibility of moving the administrative offices to the Beacon Heights site. Mr. dim Kemp February 27, 1985 Page 3 It is our desire to work closely and -- cooperatively with the School District as you seek to find an appropriate use for your property. We are prepared to meet at any mutually convenient time to further the achivement of this objective, as well as to provide you or the District with additional information you may need to facilitate your review of the options available. Yours truly, )Jas G.Willis Manager JGW:jm attach cc: Dr. Shirli Vioni Mayor & City Council Blair Tremere, Director of Planning & Community Development BEACON HEIGHTS ELEMENTARY SCHOOL COMMITTEE January 7, 1985 Mayor Davenport and I met on January 7 with Lester and June Nielsen, and Mrs. Pat Redick, representing the Beacon Heights neighborhood, and Shirli Vioni and Stan Tikkanen of the School District. The purpose of this meeting was to have the parties become acquainted with the topic and review the history of the School District's desire to recycle the property into some other use. Mayor Davenport thanked the parties for getting together to discuss this issue. He noted that the School District and its taxpayers have a consider- able amount invested in Beacon Heights and that it would be to everyone's advantage to insure that this asset was properly recycled. He noted that Dean Fitch, representing the Board, was not present because he was out of town and wondered whether or not the Board as a whole was endorsing the meeting with the citizens and the City to seek to find ways by which the School District could use its .property. Shirli Vioni noted that the Board members were aware of the committee and endorsed its efforts. Mayor Davenport noted that the City Council had previously received a request for a land use guide plan amendment and rezoning for the property from Ms. Jan Carlson (84060). This application had been denied by the City Council and it was clear that it was the City Council's intention that the property should not be rezoned from the R1 -A single family zoning classifi- cation. The committee members should therefore consider uses for the property which are either permitted or conditional under the R1 zoning district. The City Manager reviewed these types of uses from the zoning code. Mayor Davenport also indicated that the Beacon Heights Committee report submitted to the District's Building and Grounds Committee in February 1983, provided a rich background of possible alternative uses for the site, and that this report should be used as a reference point. He noted that the Building and Grounds Committee considered that rezoning of the property would be "doubtful". The Nielsen's and Mrs. Redick confirmed that the neighborhood would not desire to see the property rezoned, but would prefer some permitted or conditional use. They also would like to see the property utilized rather than remain closed and therefore subject to deterioriation and vandalism. Mayor Davenport suggested that the Beacon Heights Committee report of 1983 be re -reviewed to look at the feasibility of moving the District offices to the Beacon Heights site and selling the administration site for housing. That site is also zoned R1 -A. It was agreed that Stan Tikkanen would review the 1983 report and the Wold Associates data on the economic viability of such a move. The City will, upon request, assist in providing information on possible development costs as well as land values at the request of the District. It was suggested that the administrative office site would be "choice" for residential development with Gleason Lake on one side, Burl Oaks and Luce Line to the north, and the Kingswood Farm to the south. A small neighborhood park might be required, but that could easily be accommodated within a residential development. January 7, 1985 Page 2 The School District also will look into determining whether or not the Gullickson field on the site would constrain its use for other purposes. Shirli Vioni noted that there had previously been some interest expressed in using the Beacon Heights site for a church. She thinks this is still a possible option, although it might be considered a long shot. Other possible uses, assuming the present structures would remain, would be for a private school, day care or senior citizen activity center. Any use of the existing school site would require substantial investments to bring them up to code depending on the type of occupancy. It was agreed that the committee would get together upon request of the School District officials after they have developed additional data on the feasibility of moving the administrative offices to the Beacon Heights site. July 12, 1985 CITY OF PUMOUTR Mrs. Barbara Willis 16511 - 26th Avenue No. Plymouth, MN 55447 Dear Barbara: The 13th annual Music in Plymouth was a rousing success! Each year the program gets better and the turnout increases. This is possible only because of the dedicated efforts of persons such as yourself, as well as the members of the various Music in Plymouth committees, Plymouth Civic League, and the community—at large. Music in Plymouth has become THE community summer event. The fact that a community such as Plymouth is able to host the Minnesota Orchestra annually and put on a full evening's program, attracting thousands of community residents, demonstrates the increasing sense of community within Plymouth. The tireless efforts of many volunteers are required however to bring all the pieces together into a coordinated whole. From all the comments we have received, it is evident that the event was extremely well received by those in attendance. Please convey our appreciation and gratitude to the Music in Plymouth Committees for a most successful 13th annual Music in Plymouth. Yours truly, Jas G. Willis 't Manager OGW:jm cc: Wes Clemens, President, Plymouth Civic League Mayor & City Council 3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447, TELEPHONE (612) 559-2800 July 12, 1985 CITY OF PUMOUTR Ms. Barbara F. Hetland Floral Affair 4184 Lancaster Lane Plymouth, MN 55441 Dear Ms. Hetland: Thank you for the two beautiful floral arrangements which you contributed to Music in Plymouth. Their placement on the Minnesota Orchestra stage was a perfect accent to the evening's presentation. They added a particular touch of "class" to what we believe is already a very first rate production. Thank you again for your generosity. Yours truly, ames G. Willis C'ty Manager JGW:Jm cc: Mayor & City Council 3400 PLYMOUTH BOULEVARD. PLYMOU T H. MINNESOTA 55447, TELEPHONE (612) 559-2800 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: July 12, 1985 TO: James G. Willis, City Manager FROM: i `/ Frank Boyles, Assistant City Manaa g SUBJECT JULY 15 PLYMOUTH FORUM 1. MARCIA BREDLOW Marcia Bredlow will be addressing the Council on behalf of Dorothy Fjeren to discuss the possibility of adopting an ordinance which would allow the operation of motorized golf carts on designated city road- ways as a means of facilitating transportation by handicapped persons. I am attaching background information from Mel Solberg, together with State Statutes which authorize such action. Under State Statute, the City Council may by ordinance authorize the operation of golf carts on roadways under its Jurisdiction. Authorization to operate is by permit only and restricted to physically handicapped persons. The Council may designate roadways or portions thereof. The statute (attached) provides for additional conditions governing such authorization. 2. GEORGE WILSON Mr. Wilson has asked to address the City Council at the July 15 Forum to discuss problems he has encountered with Village Sanitation, the refuse hauler for the Kimberly Meadows development adjacent to Mr. Wilson's home. Periodically, Village Sanitation has collected trash from Kimberly Meadows prior to 7:00 a.m. Under city code, persons are prohibited from making, in any manner, any loud, unpleasant or raucous noise disturbing others unless the same be reasonably necessary for the preservation of life, health, safety or property. We have generally used 10 p.m. to 7 a.m. as the time period after and before which noise should be minimized. The ordinance does not specifically address trash haulers or construction crews. I have advised Mr. Wilson that if he desires to file a complaint against Village Sanitation, he should do so with the Public Safety Department. The City Attorney's office has advised us that for such private complaints, it is desirable for at least two persons not from the same household to file the complaint. Mr. Wilson objects to this requirement. I have spoken with representatives of Village Sanitation who have advised me that they will do their best to minimize such JULY 15 PLYMOUTH FORUM July 12, 1985 Page 2 occurrences in the future. Apparently the problem periodically occurs because of substitute drivers. To eliminate the problem, the weekly Village Sanitation route printout specifically indicates that Kimberly Meadows is to be served after 7:00 a.m. Under the terms of the ordinance the Council may act to revoke a refuse haulers license. Suspension or revocation may be accomplished following a public hearing. The ordinance provides that revocation or suspension may be considered for "conducting licensed activity in a manner as to constitute a breach of the peace or a menace to the health, safety and welfare of the public, or disturbance of the peace or comfort of residents to the City upon recommendation of the City health authorities or other appropriate City officials." Should the Council desire to conduct such a hearing, I will make the necessary arrangements. The appropriate ordinance sections are attached for information. 3. RALPH DURAND Mr. Ralph Durand wishes to address the Council with respect to storm water runoff problems at Bass Lake. Mr. Durand does not believe the City has adequately carried out its responsibility for erosion control. He requests the City correct current runoff as well as the affects of previous runoff on the lagoon and lake. A letter from Mr. Durand is attached together with a response to Fred Moore. FB:Jm attach DATE: May 30, 1985 TO: Frank Boyles, Assistant City Manager FROM: Mel Solberg State Statute 169.045 states that the local governing body of any city may by ordinance authorize the operation of golf carts on roadways under its jurisdiction. Authorization to operate is by permit only and is restricted to physically handicapped persons. Ms. Dorothy Fjeran, 3495 Pilgrim Lane, advised me that she has a handicapped person living with her and requested that the city adopt an ordinance permitting handicapped persons to ride golf carts on city streets. She mentioned she would like to attend an open forum meeting and discuss the statute with council members. I have attached a copy of the statute and would appreciate if you would pass this information onto the council members so that they are aware of the statute, and request. cc: Chief Carlquist 169.345 HIGHWAY TRAFFIC REGULATION 3990 municipal governing body may, by ordinance, prohibit parking on any street or highway for the purpose of creating a fire lane, or to provide for the accommodation of heavy traffic during morning and afternoon rush hours and the privileges extended to such handicapped persons shall not apply on streets or highways where and at such time parking is prohibited. The certificate specified in this section shall also serve to identify vehicles properly parked in designated handicapped parking spaces as provided in section 169.346. Subd. 2. Definitions. For the purpose of this section physically handicapped ,C means any person who has sustained an amputation or material disability of either or both arms or legs, or who has been otherwise disabled in any manner rendering it difficult and burdensome for him to walk. Subd. 3. Identifying certificate, (a) The division of driver and vehicle servic- es in the department of public safety shall issue without charge a special identifying certificate for a marked motor vehicle to any physically handicapped applicant upon submission by the applicant of a certificate by a qualified physician to the division that he is a physically handicapped person within the meaning of subdivision 2. (b) Upon submission of satisfactory evidence that a motor vehicle is used for the purpose of transporting physically handicapped persons within the meaning of ' subdivision 2, the division may issue without charge a special identifying certificate or insignia for the vehicle. The operator of the vehicle, when displaying the certificate or insignia, has the same parking privileges provided in subdivision 1 for the physically handicapped during the period the vehicle is in use for transporting Physically handicapped persons. The commissioner of public safety shall determine the form, size and promul- gate rules and regulations governing their issuance and use necessary to carry out the provisions of this section. The physician's certificate shall specify whether the disability is permanent or temporary, and if temporary, the opinion of the physician as to the duration of the disability. The commissioner may issue special identifying timeficates to temporarily physically handicapped persons for limited periods of Subd. 4. Revocation, penalty. If the police of the state or any city, or other local government shall find that the certificate is being improperly used, they shall report to the division of driver and vehicle services in the department of public safety any violation and the commissioner of public safety may, in his discretion, remove the privilege. Subd. 5. [Repealed, 1967 c 389 s 21 History: 1965 c 844 s 1-5; 1967 c 389 s 1; 1969 c 1129 an 1 s 15; Ex 1971 c 27 S 10, 1977 c 22 s 1,2; 1979 c 31 s 1; 1979 c 277 s 4 169.346 PARKING FOR PHYSICALLY HANDICAPPED; PROHIBITIONS; PENALTIES. Subdivision 1. Parking criteria. No person shall park a motor vehicle in or obstfum hand1� ams to a parking space designated and reserved for the physically Aped, on either private or public property, or exercise the puking privilege Provided in section 169.345, unless: (a) that person is a physically handicapped person as defined in section 169.345, subdivision 2, or the person is transporting a physically handicapped person; and (b) the vehicle visibly displays the certificate or license plate issued to physically handicappedi persons or the certificate issued to persons transporting physically capped persons by the department of public safety pursuant to section 169.345, subdivision 3, or 168.021, or if the vehicle visibly displays an equivalent Certificate, insignia, or license plate issued by another state or one of its political subdivisions. ~ Mr. Frank Boyles. City of Plymout� Plymouth, MN 55447 Dear Mr. Boyles: 17140 14th Avenue North Plymouth, MN 55447 June 29, 1985 Asst. City Manager had hoped that all my letters and telephone calls woulu Ma/e brought a solution to the prob]en cf VILLAS'' SANITATION aL Kimoerly Meaoows. But it has nor! 2 "a:L. awoke from e sounl sleep this morning, (SATURDAY), L� a LOUD BANF outside my bedroom window aL 6:37 A.M., Village San5t8tior was at Kimber]y Meadows eo.pnnj the trash dumpsters. I now feel that Village Sanitation has been verr, uncooperative. it seems to me that 14 ther car co^.e to Kimber]y Meadows after 7 A.M. they do , But K there schedules or routes make collection at 4, 1, 6 A.M. then thats when the come. The time ncs come to stop the letter writing ar.c tne telephone calls. They have not worked, an I don't tnirk they ars going zo. ] tnzn| we have three (3) courses of action. 1 -We sign a complaint against Village Sanitation an take them into court for continued violataon o+ the City of Plymouth noise ordance. I have said before I will gladly sign that complaint. Have the Police Department contact me. 2.The city send Village Sanitation a registered letter and advise them that upon the receipt by the city of another violation, the city will take action to cancel the permits which allow them to operate in our city. 3 -You write me a letter and tell me that you can not get compliance and to stop bothering you. � You have beer very,very helpful and I thank you *or sA. your time an ef+ort. I have enough letters from you on this matter to fill a file. But I think the time for talk is over. It time for action! Sincerely yours, George F. Wilson July 1, 1985 Mr. George F. Wilson 17140 - 14th Avenue No. Plymouth, MN 55447 Dear Mr. Wilson: a P f `CITY OF PUMOUTR I agree with you, it is time for action. Our Public Safety Department advises me that the most effective method to pursue enforcement of the 7:00 a.m. ordinance is to have you and one other person from another household visit our office and fill out a private complaint against Village Sanitation. You should contact Public Safety Director Dick Carlquist to make arrangements for the complaint. A copy of your letter, together with the complaint, will be placed in the Village Sanitation refuse haulers license file. I am also providing a copy of this letter, excluding your name and address, to the managers of Kimberly Meadows and representatives of Village Sanitation. Yours very truly, Frank Boyles Assistant City Manager FB:jm 3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 559-2800 Plymouth City Code 2005.01 (Rev. 1979) Section 2005 - Misdemeanors; Special Provisions ,2005.01. Making Unnecessary Noise. Subdivision 1. General Rule. No person, in arty public or private place, shall make, or assist in making, by any manner or Jmeans, any loud, unpleasant or raucous noise or odor disturbing the others unless the same be reasonably necessary to the preservation of life, health, safety or property. Subd. 2. Noise in Residential Areas. No person shall, between the hours of 10:00 p.m. and 7:00 a.m., congregate because of or participate in any party or gathering of people from which noise emanates of a sufficient volume so as tc disturb the peace, quiet or repose of persons residing in any residential area. (a) A police officer may order all persons present other than the owners or tenants of the building cr place to immediately disperse. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a viola_ion of this Section. (b) Any owner or tenant of the building or place who has knowledge of the disturbance and fails to immed=ately abate said disturbance shall be guilty of a violation of this Section. (Ord. 79-16, Sec. 2.) Subd. 3. Unlawful Assembly on Private Property. No group of three or more persons shall gather, assemble or congregate for any purpose on private property which is not owned by one of them or with regard to which one of them is not legally entitled to possession without written permission of the owner of such property or the person who is legally entitled to possess such property after having been ordered to disperse. 2005.03. Obscene Literature. No person shall bring or cause to be brought into the City, or shall buy, sell or cause to be brought or sold, or advertise, give away, offer, show, exhibit, post, distribute, design, copy, draw, photograph, print, etch, engrave, cut, carve, make, publish, or otherwise prepare, or assist in pre- paring, or receive subscriptions for, any indecent or obscene picture, book, pamphlet or magazine. 2005.05. Resisting a Public Officer. __ is unlawful for any person to wilfully resist, delay or obstruct a public officer in discharging or attempting to discharge a duty of his office. 2005.07. False Statements. It is unla+rul for any person to make a false statement in an application for any permit or license from the City. 2005.09. Fire Alarm System and False Alarms. It is unlawful for any person to tamper with or in any way interfere with arW element of any fire alarm system within the City. It is unlawful for any person to give, or cause to be given, any alarm or other emergency condition when no fire or emergency condition exists. 2005.11. Obstruction of Fire Hydrants. It is unlawful to park any vehicle in such a way as to obstruct a fire hydrant. The stopping or parking of a vehicle within 10 feet of a fire hydrant is an obstruction of the hydrant and a violaticn of this subsection. r Plymouth City Code \ 1005.21 1005.21. Revocation; Denial; Suspension. A license issued or to be issued by the City may be denied, suspended or revoked by the Council for any of the following causes: (a) Fraud, misrepresentation, or incorrect statement contained in the application for license, or made in carrying on the licensed activity. (b) Conviction of arjy crime, or misdemeanor, pertaining to license held or applied for, subject to the provisions of Minnesota Statutes, Chapter 361. (c) Conducting such licensed activity in such manner as to constitute a breach of the peace, or a menace to the health, safety and welfare of the public, or a disturbance of the peace or comfort of the residents of the City, upon recommendation of the City health authorities or other appropriate City official. (d) Expiration or cancellation of any required bond or insurance, or failure to notify the Cite within a reasonable time of changes in the terms of the insurance or the carriers. (e) Actions unauthorized or beyond the scope of the license granted. (f) Violation of any regulation or provision of this Code applicable to the activity for which the license has been granted, or ashy regulation or law of the state so applicable. (g) Failure to continuously comply with all conditions required as precedent to the approval of the license. 1005.23. Hearing. No license may be suspended or revoked until after a hearing is granted to the licensee. Such hearing to be held before the City Council upon due notice to the licensee stating the time and place of such hearing, together with a statement of the violation alleged to be the cause for the revocation or suspension of the license. 1005.25. Temporary Suspensions. The City Council may temporarily suspend a license pending a hearing on revocation or suspension when in its judgment the public health, safety and welfare is endangered by the continuance of the licensed activity. 1005.27. Inspections. The City health authorities and other appropriate City officials may enter upon the premises where any licensed activity is being conducted for the purpose of inspection at any reasonable hour. I , International Headquarters • 1455 W. Lake St., Minneapolis, Minn. 55408 * 612/827-3611 ALPH S. DURAND� R Executive Officer August 17, 1983 Mr. Fred :-Soore, City Engineer City of Plymouth 3400 Plymouth Boulevard Plymouth, I`IDI 55447 Dear Mr. Noore: I am writing you regarding a problem with %%tdch I am sure you are already familiar. It has to do with t.e Nater runoff into the Bass Lake Lagoon located off of 53rd Avenue North. I, personally, as well as the entire Bass Lake ImprovEament Association, feel is extremely detrimental to both our Lagoon and Lake, and presents a serious problem wh-'ch the City of Plymouth should address. I called your office today and requested that a representative from your Engineering Department make a personal inspection of the Lagoon to observe the mud and other debris which flows into the Lagoon through a culvert constructed on its south end. I have been assured this would be done. The cause of the problem should be determined by experts, like yourselves. I, by no means, am in a position to ascertain why, or from what source our Lagoon is being polluted from rti:noff. It is my opinion, however, that a part of the problem may be associated with residences south of our Lagoon either currently built or in the process of being built. Enclosed is a partial list of residences which you may find are contributing to the problem. ,%Ir. t•Ioore, I am of the opinion that your depa trent has been inforrmed in the past of this problem by individuals in the Bass Lake area. Whatever has been done in the past has not been effective, and I feel that we have reached the point where this situation 77jst be ac -tressed and corrected i.-T,,ediately. I have little doubt that the runoff into o�,r Lagoon is detrimental }o my property value, as :rel- u- to ` e property values in �-e area, and, for this reason, I would like to request your i.-nnediate attention -.o this matter. Would %*ou please let me knots of any appropriate steps which I can take to cooperate with the City in correcting this problem. If you wish to contact ne, address is 12000 53rd Avenue North, Pl�-%outh, .IDI 55442, Phone Nb. 558-3389, Business: 827-3611. 71--.ank you for your consideration and I will await your reply. Sincerely. Pa 1ph S. Durand IRSD/po af7 Preserving a Heritage/Insuring the Future SONS OF' NORWAY International Headquarters • 1455 W. Lake St., Minneapolis, Minn. 55408 • 612/827-3611 RALPH S. DURAND, Executive Officer June 4, 1985 NOTE: DICTATED BY MR. DURAND AND SIGNED IN HIS ABSENCE. Mr. Fred Moore, City Engineer City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mr. Moore: Attached is a copy of a letter I wrote on August 17, 1983 relative to a water runoff problem that still have not been solved. You may recall that almost three years ago, you and I met with other residents of the Bass Lake area and talked about what might be solutions ---- which included your putting up black plastic and working harder to police building sites that were creating a water runoff problem. The problem at that time was felt to be significant and in my opinion the solution you proposed consisted of a "band aid" ---- nevertheless, I felt you were justified in attempting to solve the problem as you saw fit. If the problem was significant three years ago I can assure you that today it is gigantic ---- if not out of control. I cannot speak knowledgeably for other areas of the lake but, I am sure, others can, but as to the lagoon I can assure you that mud and silt have been collecting to the point that boating in the channel even with high water, now poses a problem. Mr. Moore, I wish to inform you one more time that in my opinion the City has not carried out its responsibility to the citizens in my area regarding runoff and, as a result, I and others have incurred significant financial damage. At your request in the past, I have identified offenders, pointed out specific pollution flowing into the lake through creeks and storm sewers and, have, generally, coplied with all of your requests to document our problem. I informed you in the past that your remedies, in my opinion, were not adequate, and I wish once more to inform you of this fact and request action by your department. Now that significant damage has occurred, I must also request that future remedies provided by the City include not only correcting the runoff, but also the damage that has been done to date to the lagoon, as well as other areas of the lake. Please give this serious matter your earliest attention, and contact me if I can be of any further assistance. I look forward to your call. Sincerely, Ralph S.Durand 12000 53rd Avenue North Plymouth, MN 55442 p519�5 cc: Mr. Virgil SchnKder,. 1152 54th 9yenue North P1 mouth, MN 55442 reserving a eritage nsur►ng the tutu e July 5, 1985 Mr. Ralph S. Durand 12000 53rd Avenue North Plymouth, Minnesota 55442 Subject: Bass Lake Lagoon Dear Mr. Durand: CITY OF PUMOUTR The Engineering Department is in receipt of your letter dated June 4, 1985. I apologize for not responding sooner. The drainage area tributary to Bass Lake is quite large. In the past several years considerable land development and home building has taken place adjacent to and around Bass Lake. Even though it may not be apparent, we have vigor- ously inspected construction sites to ensure that erosion control devices were in place. The developers are required to install erosion control fence, hay bales, etc., as well as seed disturbed areas to prevent erosion from taking place and depositing soils downstream. Contractors are also required to sweep the streets as needed and to keep them as clean as possible. In some instances we have required temporary sedimentation ponds. Unfortunately, these measures have not and cannot ensure that some erosion will not take place, thereby depositing soils downstream (in this case "the lagoon") or stop the discolored water from entering the receiving body of water. When we have the frequent summer "gully -washers" which cause the serious erosion problems to take place, the "first flush" action takes the dirt with it; nor can we guarantee that mud won't be dragged out into the streets after a rain- storm and the contractors and/or suppliers resume work. The best we can do is to ride herd on them so that they get the mud and dirt off the streets as soon as possible. I feel that the City has taken some positive steps in the fast developing areas and to control erosion, as noted below: 1. Placed hay bales and/or silt fence in areas subject to erosion - this keeps the dirt on the site. 2. Constructed sedimentation ponds to trap erosion materials. 3. Required seeding and mulching of disturbed areas as quickly as possible after construction. 4. Placed hay bales around catch basins and their inlets to trap soils. 5. Required frequent cleaning of streets to remove deposited materials. G.{ -i (jJL�j r� :�. ''LY''�O FC rG. 14!7 . _I C tic �1: FJ w Mr. Ralph Durand July 5, 1985 Page two 6. Have put pressure on developers and builders in order to get their yards sodded as quickly as possible. As to the question of damage to the lagoon, I am not in a position to make an assessment at this time. The question of keeping the lakes and streams "clean" is a very difficult one to answer, especially to those people living around the receiving bodies such as the lake and lagoon. We will continue to stay on top of contractors in order to do the best job possible in protecting the natural resources of the City. Yours very truly, Sherman L. Goldberg, P.E. City Engineer SLG:kh cc: Virgil Schneider Jim Willis Fred G. Moore F F. I El A y C) SATUR'DAY 71 TH L Y 1 A 2010 SPSCjAL- :54,XCT/O,o-7 13 A 15 -77 25 ON &vP- R&-vT-E 5AfF,7-5. -DOE- —10 -rJ+f- Amouo-r of mcw6c>A)s wc, h4we -rimis or yegoe, 4 saB.5-r;-rvrs -j>4,%IEJL WAS ow 7)+4T P.&-"rL &VU :54-TVP—D�y 6/Cp9- We Wr vil-LA irre- --5&01�760,0 C4,0 AtOPP-SC14T-IL T7+F- IDEvr�s daxq2.A) WI*T* wk- RiolixvP -7-1 At C - J-' 4.ssvP—F, Llh; ujf, 14*4✓f. 7?q9eoU Svim XCAASUREE 76 73 1 79f- C i 7-q &F lot- y A&V T* ec, C&,v A Sy Fo w% CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: July 9, 1985 TO: ✓ Fred G. Moore, Director of Public Works FROM: Sherman L. Goldberg, City Engineer SUBJECT Drainage Problem - 9140 Garland Lane Mr. Sweeney would like to be able to talk to the City Council about his drainage problem. I suggested he appear at the Plymouth Forum on July 15, 1985. He feels the problem facing he and his neighbor is not caused by them, but rather by the water running from a large drainage district. They would be agreeable to a scaled down project for what is shown in your letter. •(1� �A Sherman L. Goldberg, P.E. SLG:kh CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: June 5, 1985 TO: red Moore, Director of Public Works FROM: Sherman L. Goldberg, City Engineer SUBJECT Drainage Problem 940 Garland Lane On the attached map I have indicated a drainage swale that runs between two houses and is the outlet for the outlined drainage area. I have reviewed the matter with Mr. Thomas Sweeney at 940 Garland Lane and he has a real problem. In order to solve tle problem it appears that a storm sewer will have to be built along the common lot line between Lots 6 and 7. At this time our map does not show a drainage easement in this area. I would suspect that a 15" to 18" pipe for approximately 200 feet would have to be constructed along with a couple catch basins. The estimated costs might be in the neighborhood of $5,000 to $6,000. It looks like there are probably about 30 lots that would be effected by a possible assessment. This type of project might be one that is a candidate for the funding being taken from the storm drainage account for that Watershed District. I would like to meet with you as soon as possible on this matter so that I might get back to Mr. Sweeney as to a course of action we would take. Sherman L. Goldberg, P.E. SLG:kh 31 N. 114e SEC. 32, T. //8, R 200 scale t �'•" LG9i ar RCD 1"`QI •CA9 .. _. N 49 48 i ) ) ) ! ) s � 03) (:a st �) oo)� (to) 11110) ( 20 a() ' 15)(50IaO)la);) f21olligi0!Mm0)011s��I0):11p1 IE0lm)MaON31 Nal 3�x 30 71 2 : 1 ie (6)(5)� (4) ilYm) 112110)@570117x0 18p lEoa0)ifNp�119t12820) i(.w 4=01 0•.09 (t!D 02q) 0.0)am) �91PD c• ry 135 „o I `atcoeVi.'les) 00) l9) to) w (a) (ZOO OM; 0.) UH pxNO•aal x• �(241L GLEASO M111101 ,, IES 40; ,9304) \NORTHSH o+ t2/e AVENUE rre u. < (X31 w �6 ?C• ; s9) 3� I9a20) o p14y. (15). (s3> l3ti (3 1•o 3 (z !!gc43) s+,j � ( o (9 (sq F 11�y '� i, HD (eoi 6i p�): ' (43) i p•i Cu) p41 istia ? : (zd • .�-. .`�\ , • 1— (549010*W) (SM) (5x0) C5120) 4900) INp)�M720$OMI!{I�'S)p4M01 M3g1 a1001 k i C3B20)z0710) ✓' �� + x• 23 !! 11 o "417910)I`� IeC9.1 Ie97Ji !dfr�) 101 i(�yy a) "M) 44700) t'.. ) lf4m,1(4=.Ilw4(v,I al'rq i:ae� ve) w' `6 u»Mgl � �• n :.u: ;.,, W s 27 J 3 11th AVENUE 313 Ole 191x) t y 1 (N)'. X !o C,91 • (1. It hq (,•1 I (f15) Wel W» (6ln) •) I (69) l64) lei) Wa) i (s!') i ,. I (52= a 1 GGG'♦►rl 4 �y t tri •I 1, is 14 ! 1a •I 12 1l ION 971 s ! • a S +n• i+ )� a .4 xs Ud ! p) p) (.p p„ pp 1 , (IL) (31).4 ha I Qs) H) M39 •'. (-1 ''• U 7 IGf ,1 2i 27 2.0 29 -"'> so� 31 32 .. 33� a1 35 r' 1 j. a1 37 �. (6�a.. •,^ - u�• II 19 F - P I' 'b O (x+) III • v AV 'teer' •�jV C ENUE � �. u•a ',9 _ �' +(z1N1�yy' / �, k- s a aJLu Q'�/ h(31) xz Ii.eW i« a y y" .�., O,�* •1• 7 a•�` �� �i , z3 n}i•C1.I13�lag 11 is s!9' 7 97j9 •� a'1z(e) �3//�4) 5 7 1c55o) Com) Ps R0�(ixs) 11.)(t1IU.! I )02)(lt1 Kq I.DeW I /i- w ue199 a wa. • lose 7s 193• 4 ----- _ b •_F'1 i (46 ) _ �T) ��3) 7� 5+ (4U (1!)31� Y� ) (3 O rx) i �" ev 4� poi . q.,o / 23 !' 400 a, " .s.,� � ` 3 e`P �� �•• oiri ru (a + � • (µlo 0(4s Cd) y r r5 (yu N� �• i. 13 " E 9 3 .• W) 9) •C'y!) �; pip) 7� _ S o 60} 2 1.dwa ' 3 • 5 73 (►A fi•TH ( �,, I eo, s„�cA+d, sM po) ,P p9� r"' � .' an - 1E 1l[0 Pr10YMt'.'• 117► r •.2 �0iM9talL.l. MO - -- — — — — — - .� .ft eo w. w. .a A A a a A% At At A A\ A\ A\ Al May 29, 1985 Mr. Sherman Goldberg City Engineer, City of Plymouth 3400 Plymouth Boulevard Plymouth, P1NI 55447 Dear Mr. Goldberg On Sept. 30, 1934 we purchased our home in Plymouth (940 Garland Lane). Since that time we noticed a severe erosion problem on the SW' property line. This is a street drainage ditch where 9th St., 11th St., and Garland Lane drain into Lake Gleason. The City of Plymouth had, in the past, installed a bituminous ditch along the property line and ex- tended it past the garages. This ditch has broken up and washed out and subsequently has created a crevice approximately 40 feet long, 4 to 20 feet wide and 2 to 14 feet deep in places. Left alone this has continued to widen and is a direct threat to the structural inte- grity of both homes. The most immediate problem is public safety. On many accasions we have seen neighborhood children jumping this ditch on their bicycles, definitely a serious hazard. With the numerous children in the neigh- borhood and the fact that they use this route to go fishing on Lake Gleason, and the fact that our own 2 children (ages 6 months and 3 yrs) cannot be allowed to use our ownyard, I believe this needs immediate attention. I talked to Dan Campbell, of tie City Engineers office, several times since my first call on April 9, 1985, and his position is that I must petition you for action. Sincerely, i Tho as P. Sweeney c1l 940 Garland Lane N. Plymouth, VN 55447 Home: 476-2500 Work: 933-1442 cc: Fred Poore x-1234 UN 1985 N City of plymobt, N s, ��`� 9�n_ ,'<Q yED 0 t MINN4 4yA MINNEH Ak c�EE� W LAKE MINNETONKA F' P.O. Box 387, Wayzata, Minnesota 55391 F,NN �1• BOARD OF MANAGERS: David H. Cochran, Pres.. Albert L. Lehman . John E. Thomas . Barbara R. Gudmundson . Michael R. Carroll April 25, 1983 Mr. Fred Moore, P.E. ;4l Ei!j;;r,,i'..; Director of Public Works `C. City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Re: 1983 Water Maintenance and Repair Fund Dear Mr. Moore: This letter is to advise you that your proposal for funding from the District's Water Maintenance and Repair Fund was considered by the Board of Managers at the regular April 21, 1983 meeting. The Board of Managers reviewed twenty-three (23) potential pro- jects throughout the District for funding in 1983. The Board concluded that not all of these projects could be funded due to budget constraints. Regretfully, your proposal for funding was not approved. The Board encourages you to submit proposals for worthy projects in early 1984 when additional funds are available. On behalf of the Board of Managers, thank you for your interest. Very truly yours, E.A. HICKOK AND ASSOCIATES, INC. Engineers for the District Clif d Reep CDR/j s cc: Board G. Macomber CITY OF PLYMOUTH+ April 20, 1983 Mr. David H. Cochran, President Minnehaha Creek Watershed District P. 0. Box 387 Wayzata, Minnesota 55391 Subject: Minnehaha Creek Watershed District 1983 Water Maintenance and Repair Fund Dear Mr. Cochran: The City of Plymouth is requesting that the Minnehaha Creek Watershed District consider two projects within the City of Plymouth for funding as part of your 1983 Water Maintenance and Repair Fund. The City of Plymouth is prepared to proceed with the work on both of these projects in 1983, assuming that funding is received from the Watershed District. Enclosed herewith is a location map, preliminary plan and cost estimate for each project. Both projects are within the Gleason Lake drainage area. The City of Plymouth would be the contracting and supervising agency for the projects. The following is a description of each project: Weston Lane Storm Sewer There currently exists an open ditch between Vicksburg Lane and Weston Lane, approximately 100 feet north of County Road 6. This open ditch provides drainage between the outlet of a 24 inch storm sewer under Vicksburg Lane and conveys the drainage to a 24 inch storm sewer under Weston Lane. From Weston Lane downstream the drainage to Gleason Lake is via street culverts, drainage ways and ponding areas. At the present time the open drainage ditch between Vicksburg Lane and Weston Lane has an erosion problem and, also, causes flooding to the property immediately to the north. It is proposed to enclose this open drainage ditch with a 15" storm sewer. The Swale would remain over the new storm sewer to accommodate high intensity storms. The estimated construction cost of this project is $12,395.00. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559.2800 Mr. David Cochran April 20, 1983 Page Two Gleason Lake Storm Sewer Presently the drainage ditch conveys storm water runoff from Garland Lane directly into Gleason Lake. The first 100 feet of this open drainage way easterly from Garland Lane is relatively level and has been improved as an asphalt swale. The next 100 feet of this drainage way is very steep, approximately loo grade, and has severe erosion problems. The ditch as eroded over 10 feet deep in various places. It is proposed to enclose this open drainage ditch by the instal- lation of a 15 inch storm sewer. A siltation basin would be installed adjacent to Garland Lane to remove the sand before entering the storm sewer system. It is proposed that the storm sewer would outlet approximately 50 feet from the shore of Gleason Lake. The estimated constrcution cost of this improvement is $19,267.00. The City of Plymouth is requesting that the Minnehaha Creek Watershed District consider both of these projects for 80% funding in your 1983 Water Maintenance and Repair fund. If there are any questions, please contact me. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:bw Enclosures _ � � ,fes _— �-•: _. j ;, 1 1 T rt'• / - '� f • %�! ;�•�° �- �' •� ::�;�,__'�_' ; �' bilin - , � �� �` L �MIlow - - Vve 640 J. Aire ANt T � . �-�- - Tf `✓ T r - ' - 1' -rte X, CITY i I, CITY-.: = �:� -.�: ...,:.. _ ...J• ' f J—CITY VUNZATA - CITY � of ..w ' .... .�+r :fes"' rr GLEASON LAKE STORM SEWER 300 l.f. 15" RCP @ 24.00/ft. $7,200.00 1 15" flared end section 400.00 2 catch basins @ 800.00/ea. 1,600.00 2 standard manholes 1,600.00 2 cu. yds. riprap @ 40.00 cu. yd. 80.00 1 cu. yd. filter blanket @ 20.00 cu. yd. 20.00 300 ft. mechanical trench compaction @ 1.50/ft. 450.00 Debris removal 1,000.00 Borrow material - 1,000 cu. yd. @ 5.00/cu. yd. 5,000.00 500 sq. yd. sod @ 2.00/sq. yd. 1,000.00 $18,350.00 Contingencies x 5% 917.50 $19,267.50 Engineering and Administration 15% 2,890.12 $22,157.62 f9BP! 0 9Q3 t X X a O � T s 9519 \. o Q 960 is � O 0 M w z W cn C O U Un R W i Z C Q C Z O N N W 3 pY 3 M W UP) O CL O C W L� O F - L7 O U O u r W 0 z < U-) 7- W F - F - Z W W F- a F- 0 o O o O o O o r - O o O o o O o 0 z o0 0 0 of v fl- N O O O rn r� r" O co O O O LO M q::r 00 Lt W ~ V O O O O O U!) 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