HomeMy WebLinkAboutCouncil Information Memorandum 03-21-1997z
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MARCH 21,1997
UPCOMING MEETINGS AND EVENTS
1. COUNCIL MEETING SCHEDULE.-
NOTE:
CHEDULE.NOTE: Ward I Councilmember Tim Bildsoe meets with residents and receives their
comments in the Administration Library, beginning at 6: 00 p.m. before each
Council meeting.
APRIL 2 5:30 P.M. COUNCIL PHOTOS
Medicine Lake Room
APRIL 2 7:00 P.M. REGULAR COUNCIL MEETING
Council Chambers
APRIL 9 7:00 P.M. BOARD OF REVIEW
Council Chambers
APRIL 16 7:00 P.M. REGULAR COUNCIL MEETING
Council Chambers
2. PLANNING COMMISSION, TUESDAY, MARCH 25, 7:00 P.M., Council Chambers.
Agenda is attached. (M-2)
3. SUBCOMMITTEE ON TRANSITIPACT, WEDNESDAY, MARCH 26, 7:00 P.M., Hadley
Lake Conference Room, Lower Level. Agenda is attached. (M-3)
4. CITY CENTER SUB -COMMITTEE, WEDNESDAY, APRIL 2, 5:30 P.M., Bass Lake
Room.
5. HUMAN RIGHTS COMMISSION, THURSDAY, APRIL 3, 7:30 P.M., Medicine Lake
Room.
6. MEETING CALENDARS — March and April meeting calendars are attached. (M-6)
CITY COUNCIL INFORMATION MEMO
MARCH 21, 1997
Page 2
1. AGENDAS
a. April 2, 1997 Draft Agenda for regular Council meeting. (I -]q)
2. MINUTES
a. Plymouth Advisory Committee on Transit meeting, February 26, 1997. (I -2a)
b. Planning Commission meeting, March 11, 1997. (I -2b)
c. Bassett Creek Water Management Commission, February 20, 1997. (I -2c)
3. STAFF REPORTS
a. Report from Public Works Director Fred Moore on the Ridgemount Avenue Street
Reconstruction Project, No. 7004. (1--3a)
b. Report from Planner John Rask regarding an extension of the review period for the
Gramercy Park plan. (I -3b)
4. NEWS ARTICLES, RELEASES, PUBLICATIONS, ETC
a. March 15, 1997 Star Tribune feature story focusing on Plymouth housing. (I -4a)
b. Notice of Metropolitan Council April 21 public hearing on recreation open space
development guidelines and policy. (1--4b)
c. City news release with schedule information for watermain flushing. (I -4c)
d. March 19, 1997 Star Tribune news story about a test program being conducted at the
Plymouth branch of Prudential Insurance. (I -4d)
e. Notice of a special Sugar Hills Homeowners Association meeting on Wednesday,
March 26, at 7:00 p.m. in the Plymouth City Council Chambers, to discuss the proposed
commercial development near 36`h and Zanzibar. (I -4e)
f. Notice from the Minnesota Pollution Control Agency of successful closure of the file on
the petroleum tank release site at McQuay International, 13600 Industrial Park
Boulevard. (I-4fi
CITY COUNCIL INFORMATION MEMO
MARCH 21, 1997
Page 3
5. CITIZEN COMMUNICATIONS POLICY- CORRESPONDENCE
a. Letter to Roger and Carol Handberg from Community Development Director Anne
Hurlburt responding to comments on the proposed commercial development near 36`'
and Zanzibar. (I -5a)
b. Letter to the City Council from Audrey Reid commenting on the Plymouth transit
system. The letter has been forwarded to Transit Coordinator John Sweeney for a
response. (1-5b)
c. Letter to Donald Gullet from Community Development Director Anne Hurlburt
responding to comments about zoning issues related to automotive products and service
sales. The original Gullet correspondence is attached. (I -Sc)
d. Letter to Michael Smith from Park Director Eric Blank responding to comments about
the East Medicine Lake Regional Trail. The original Smith correspondence is attached.
e. Letter to Liz and Paul Schupanitz from Community Development Director Anne
Hurlburt responding to comments about the proposed Gramercy Park development.
Attached is the original Schupanitz letter. (1-5e)
f. Letter to the Mayor and City Council from Eunice and Les Bottem with comments
about the proposed Gramercy Park development. The letter has been forwarded to
Community Development Director Hurlburt for a response. (I -5f)
A status report on the most recent correspondence is attached.
6. CORRESPONDENCE
a. Letter to Jim Howard of the East Parkers Lake Improvement Association from Park
Director Eric Blank giving thanks for the donation of $100 for trees and shrubbery
around the log cabin restoration project at Parkers Lake. (I -6a)
b. Letter to the Mayor and Council from Child Care Leadership and Services Community
Liaison Grace Norris extending thanks for City support of the GMDCA program. (1--6b)
c. Letter to Plymouth area legislators from Manager Johnson conveying the Plymouth
position on property tax reform proposals. (1--6c)
7. FRIDAY FAX, the League of Minnesota City's weekly update on legislative activity. (1-7)
® PLANNING COMMISSION AGENDA
TUESDAY, MARCH 25, 1997 fn ! — 2,
WHERE: Plymouth City Center
3400 Plymouth Boulevard
Plymouth, MN 55447
CITY COUNCIL CHAMBERS
CONSENT AGENDA
All items listed with an asterisk (*) are considered to be routine by the Planning Commission and will be enacted by one
motion. There will be no separate discussion of these items unless a Commissioner, citizen or petitioner so requests, in which
event the item will be removed from the consent agenda and considered in normal sequence on the agenda.
1. CALL TO ORDER 7:00 P.M.
2. PUBLIC FORUM
3. APPROVAL OF AGENDA
4. APPROVAL OF MINUTES
S. *CONSENT AGENDA
A. Hennepin County Property Services. Site Plan Amendment to allow the driving range building to be relocated 45
feet east and 10 feet north of the previously approved location. The amendment would also provide for 20 additional
on-site parking spaces, to be located north of the previously approved internal drive aisle for the Adult Correctional
Facility located at 1145 Shenandoah Lane North. (97020)
6. PUBLIC HEARINGS
A. City of Plymouth. Comprehensive Plan Amendment to the City Water Supply Plan. (96106)
B. City of Plymouth. Rezoning of five commercial lots from C-1 (Convenience Commercial District) to C-2
(Neighborhood Commercial District) for 11520, 11530, 11540, 11550 and 11610 County Road 10. (97017)
C. City of Plymouth. Rezoning of 12 residential lots from P -I (Public/Institutional District) to RSF-2 (Single Family
Detached Dwelling District 2) for property located south of 23nd Avenue, north of West Medicine Lake Park, and
west of Medicine Lake Drive West. (97018)
D. Janco, Inc. Land Use Guide Plan Amendment, Rezoning, Conditional Use Permit, Variances and Preliminary Plat
for 19 single family detached homes and 46 multi -family homes known as Conor Meadows Plat Two, for property
located northeast of Peony Lane and the Soo Line Railroad. (96150)
E. BRW, Inc. Comprehensive Plan Amendment, Rezoning, Planned Unit Development General Plan, and Preliminary
Plat to allow construction of five office/industrial buildings totaling 213,950 square feet on five lots for property
located at the northwest quadrant of Interstate 494 and Schmidt Lake Road. (97003)
F. Sidney Brennan. Preliminary Plat and Final Plat to replat Lot 11, Block 6, Sunny Acres 2a0 Addition, and Outlot B,
Sunny Acres Yd Addition for the creation of two lots, and a Variance from the minimum lot size standards. The
purpose of the request is to construct a single family dwelling on the newly created lot for property located at 17105
2e Avenue North, east of Holly Lane. (97004)
G. Tobin Real Estate. Planned Unit Development General Plan Amendment and Interim Use Permit to construct an
85,000 square foot medical building to the existing West Health complex located at 2855 Campus Drive. (97013)
H. Homestead Village, Inc. Ordinance amending the O -R (Office Residential) Zoning District to allow extended stay
hotels. (97016)
7. OLD BUSINESS
S. NEW BUSINESS
9. ADJOURNMENT
M -3
DATE: February 24, 1997
TO: Members of the Plymouth Advisory Committee on Transit
FROM: John- SweeS Transitdiriirlistrator
Y � �f
SUBJECT: MARCH 26 MEETING
The Plymouth Advisory Committee on Transit is scheduled to hold its monthly meeting on
Wednesday, March 26 at 7:00 p.m. in the Medicine Lake Room (upper level of Plymouth
City Hall).
The agenda for the meeting is as follows: Please note some materials will be distributed at the
meeting.
I. Call to Order
II. Introduction
III. Presentation of Public Transit Facilities Study by LSA Design, Jim Lasher and
Stuart Krahn. (Please bring copy of study previously provided.)
IV. Questions/answers regarding study recommendations or procedure to implement part or
all of study recommendations and establishment of a time -table.
V. Status Report regarding construction plans for Four Seasons Mall Park -and -Ride lot.
VI. Status Report on Park -and -Ride lot funding for Waterford Plaza.
VII. Identification of areas of concern and/or recommendations.
VII Approval of minutes of the meeting on February 26, 1997.
VIII. Ridership Information and Review of Ridership Statistics for February 1997 (information
from George Bentley for February 1997, will be distributed at the meeting).
• Dial -A -Ride
• Plymouth Rider
0 Plymouth Metrolink - Route 91
SUBJECT: MARCH 26 MEETING
Page 2
• Plymouth Metrolink - Route 92
• Plymouth Metrolink - Route 93
• System Cost Summary Reports -February 1997
IX. Status Report on the Commute West Job Fair held on March 13.
X. Other comments.
XI. Adjournment
cc: Paul Colton, Metropolitan Council
John Mathews, Laidlaw Transit Services, Inc.
Steve Mahowald/Sheri Gingerich, Dana Rude MCTO
George Bentley, Consultant
Jim Lasher, LSA Design
Stuart Krahn, LSA Design
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DRAFT
03/21/97
11.44 AM
CITY OF PLYMOUTH
AGENDA
REGULAR COUNCIL MEETING
April 2, 1997
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 7:00 P.M.
2. ROLL CALL
3. PLYMOUTH FORUM - Individuals may address the Council
about any item not contained on the regular agenda. A maximum
of 15 minutes is allotted for the Forum. If the full 15 minutes are
not needed for the Forum, the City Council will continue with the
agenda. The City Council will take no official action on items
discussed at the Forum, with the exception of referral to staff or
Commission for future report.
4. PRESENTATIONS AND PUBLIC INFORMATION
ANNOUNCEMENTS
F41
5. APPROVE AGENDA - Councilmembers may add items to the
agenda including items contained in the Council Information
Memorandum for discussion purposes or staff direction only. The
Council will not normally take official action on items added to the
agenda.
6. CONSENT AGENDA - These items are considered to be routine
and will be enacted by one motion. There will be no separate
discussion of these. items unless a Councilmember or citizen so
requests, in which event the item will be removed from the Consent
Agenda and placed elsewhere on the agenda.
A. Approve City Council Minutes
* Items require 5 affirmative votes of the City Council for approval.
REGULAR COUNCIL MEETING
April 2, 1997
Page 2
B. Approve Disbursements
C. Approve Final Plat for Conor Meadows located at the
northeast corner of Peony Lane and the Soo Line Railway.
Centex Home. (96113)
D. Approve Property, Casualty Insurance Renewals with the League
of Minnesota Cities Insurance Trust
E. Approve Change Orders for Ice Arena project.
F. Approve Work Plan for 1997-1998 Council Goals and
Priorities
G. Approve a Variance from setback requirements to erect a new
monument sign at Value Rx located at 4700 Nathan Lane North.
Ryan Companies (97007)
*H. Approve an Ordinance amending Section 21175 of the City Code
pertaining to wireless communication antennas and related
facilities. City of Plymouth (97009)
I. Approve a Lot Division for property located at 18520 County Road
6. Under the proposal, the existing home would remain and one
new home would be constructed north of the existing home. JEM
Properties (96165)
J. Approve request to extend the moratorium on Outdoor Advertising
Signs
K. Approve 1997 Membership Dues to Municipal Legislative
Commission
L. Appoint Individuals to Human Rights Commission and to
Wayzata -Plymouth Chemical Health Commission
7. PUBLIC HEARINGS
A. Application of Sidco Food Company, L.L.C., for an off -sale
* Items require 5 affirmative votes of the City Council for approval.
REGULAR COUNCIL MEETING
April 2, 1997
Page 3
3.2 malt liquor license at 4445 Nathan Lane (Holiday Store)
B. Vacation in Conors Meadows
C. Ridgemount Avenue trail
8. GENERAL BUSINESS
A.
9. REPORTS AND STAFF RECOMMENDATIONS
A.
10. ADJOURNMENT
* Items require 5 affirmative votes of the City Council for approval.
x"22
MINUTES
PLYMOUTH ADVISORY COMMITTEE ON TRANSIT
February 26, 1997
PRESENT Joe Edwards and Herb Miller
Representing MCTO - Dana Rude
Representing Laidlaw Transit Services, Inc. - Dave Johnson
Representing the City of Plymouth - John Sweeney
Consultant for Plymouth Metrolink - George Bentley
Committee Secretary - Patty Hillstrom
I. MEETING MINUTES
The minutes for the January 22, 1997 meeting were approved as amended.
II. RIDERSHIP INFORMATION 1993 - 1997 AND REVIEW OF RIDERSHIP
STATISTICS FOR JANUARY 1997
George Bentley's Comments
Bentley started with the revised ridership graph stating that the January ridership was
up from January of last year.
On the monthly cost summaries the only part of the system that didn't perform well was
Dial -A -Ride. Ridership for Dial -A -Ride was down from previous years. This could be
partly due to the weather. The Plymouth Rider is still not attracting ridership.
Ridership on the Route 92 was down slightly but that route is cyclical.
III. IDENTIFICATION OF AREAS OF CONCERN AND/OR
RECOMMENDATIONS
Joe Edwards' Comments
• Some of the drivers are stilling allowing passengers to get off on the exit ramp from
Highway 169. In one incident, the driver of the 5:10 p.m. Route 93A was in the
left hand lane, stopped for the red light and let passengers off from the left lane.
This has been discussed numerous times in the past and Edwards brings it up again
because he feels that it is a safety issue.
MINUTES - PLYMOUTH ADVISORY COMMITTEE ON TRANSIT
February 26, 1997
Page 2 _ z Q,
• Is there anything that MnDOT can do to get a better permanent repair to Highway
169 at Medicine Lake Road? The state puts in a "bump" sign which does not cure
the road. One bus driver hit the bump at 50 miles per hour. The bump is on
southbound on Highway 169 just before the Medicine Lake Road exit. There is a
little creek that runs under the road and the problem occurs every year. The
problem is worse on the west side of the road. Bentley stated that the diamond lane
was supposed to be put in 1997 but is now delayed until 1998 because a complete
overlay is needed on all of Highway 169.
Herb Miller's Comments
• Miller made the observation that his bus card (31 day pass) states that it expires at
12:01 on the date printed and the date is off by a day for February. When he called
customer service they were aware of it. They said the printed expiration date is
incorrect and that the card is good through the end of the next day.
Rude stated that on the new cards the imprint reads that it expires at 11:59 p.m. and
the drivers had been told 11:59 on the date indicated. Actually, the card will expire
and the machine will no longer accept it at 11:59 p.m. but the drivers will continue
to accept them until the last bus of the transit day at about 3:00 a.m. Rude
explained that the drivers are all aware of this and that it was part of their training.
Regardless of what the magnetic strip allows, as long as the expiration date is
visible, they are to follow these revised rules.
• Miller stated that he was impressed with one of the Laidlaw Transit Service drivers
because he knows where he is going in Plymouth. The drivers name is Bud and he
drives the Route 91A. On February 26 he drove the last bus out of the transit
center. Miller will put something in writing regarding the good work of this driver.
George Bentley's Comments
• On Wednesday afternoon and Friday morning Bentley reported that he was
watching Route 93 service at Four Seasons and Route 91 and 92 service at the
Plymouth Road Transit Center and everything went pretty smoothly.
• On Friday morning one of the Route 91 buses was a small white vehicle. Johnson
stated that there was a concern with a driver who wasn't able to drive the regular
vehicle. He had driven the vehicle earlier, but was pulled off the vehicle in
December. Johnson said two Dial -A -Ride vehicles broke down so one of small
white vehicles was put in its place. The driver told Bentley, specifically, that he
had been driving a small white vehicle on that route for some time. In fact, the
G:\ENGNTRANSInPACnMINUTES\2-26MIN.DOC
MINUTES - PLYMOUTH ADVISORY COMMITTEE ON TRANSIT
February 26, 1997 -,
Page 3
vehicle used was a worse one just a couple of weeks ago. Finally, they got this
vehicle which is a better vehicle. The driver said it has always been a smaller
vehicle on this route (Route 91A). Johnson will check on this.
• As the day progresses the drivers seem to become less willing to scroll the screens
on the buses.
• Bentley asked how to get access to the displays at the Plymouth Road Transit
Station. The schedules for 1994 were there for Plymouth Metrolink. Rude thought
perhaps there was a communication problem and would check to see if these
schedules could be replaced with 1997 schedules. The MCTO posters at the
Plymouth Road Transit Station and at Four Seasons are old and showing outdated
fares. Rude will find who is responsible and provide keys if it is the City's
responsibility.
IV. GUIDELINES ON CONVENIENCE FARES AND TRIM UNIT
FUNCTIONAL PROCEDURES
John Sweeney's Comments
Sweeney distributed handouts which he received at a PACT meeting and asked for any
comments on the information.
Miller commented on the need for editing. Some of the information is outdated.
Bentley asked if the Employer Program on Page 6 was updated to reflect what the Met
Council has currently approved.
Miller referred to Page 11 in General Maintenance to a reference on lost, stolen or
damaged card that does not have a name written on the back. You must have the serial
number from the lost card to receive credit for what was left on the card.
V. TRIM QUICK REFERENCE HANDBOOK
Bentley commented on the length of time it takes to unload a bus. Rude stated that
there has been some general discussion about having passengers prepay. This would
speed up the time unloading the bus.
Rude stated that they would like to keep it as automated as possible but the fare
structure is very complex.
G:\ENG\TRANSTPACTMINUTES\2-26MIN. DOC
MINUTES - PLYMOUTH ADVISORY COMMITTEE ON TRANSIT
February 26, 1997
Page 4
Edwards was concerned about vandalism with a prepay service. Bentley thought that
most passengers would use cards and there would not be a lot of cash in the machines.
VI. PARK AND RIDE SITE AT FOUR SEASONS MALL SHOPPING CENTER
John Sweeney's Comments
A deal has finally been made with the new owners of the Four Seasons Mall and
Sweeney expects the City Council to approve it on March 5, 1997. Plymouth
Metrolink will pay $13,300. annually for use of the parking lot. There is a possibility
that the new owner will be putting in a daycare center on the site. In that case, they
would need to give Metrolink six months notice to move out. Sweeney's hope is that
this agreement will work for at least five years.
The cost of purchasing another site and constructing a facility would be about $2,200.
per stall plus the cost of the land.
A capital grant has been received from the Met Council and we will be upgrading that
facility. Improvements to this facility include replacing asphalt in the spring, installing
plug-in meters, telephone and additional lights.
VII. JOB FAIR STEERING COMMITTEE PLANNING MEETING IN
JANUARY AND FEBRUARY, 1997
George Bentley's Comments
As of the end of the day on February 25, 1997, there were 27 confirmed booths for the
job fair and the goal was 30. There are about six unpaid booths including the
Metrolink booth.
There has been a lot of political interest in the job fair. The mayor of Plymouth, Joy
Tierney, will emcee the program from 9:00-10:00 a.m. The mayor of Minneapolis,
Sharon Sayles -Belton, will be there and also Jackie Cherryhomes of the Minneapolis
city council.
The job fair not only stresses reverse commute but also the welfare to work concept.
The job fair is a definite go and will be a success. There will be coverage from the
regional news media.
GAENG\TRANSInPACnM I NUTES\2-26M IN. DOC
MINUTES - PLYMOUTH ADVISORY COMMITTEE ON TRANSIT
February 26, 1997
Page 5
VIII. OTHER COMMENTS
John Sweeney's Comments
Sweeney stated that our new City Council has put together a transit subcommittee.
Four members including the Mayor expressed a desire to serve on the subcommittee.
An organizational meeting will be held on Monday, March 3, 1997.
The next PACT meeting will be held on March 26, 1997 at 7:00 p.m. in the
Engineering Conference Room (Hadley Lake Room) on the lower level of the Plymouth
City Hall.
Respectfully,
Patty Hillstrom
Committee Secretary
O:\ENC%TRANSMPACIIMINUTES\2-26MIN. DOC
CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
MARCH 11, 1997
MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Roger
Berkowitz, John Stoebner (arrived at 7:04 p.m.), Jeffrey
Thompson, and Kim Koehnen
MEMBERS ABSENT: Commissioners Allen Ribbe and Bob Stein
STAFF PRESENT: Community Development Director Anne Hurlburt,
Building Official Joe Ryan, Planners Shawn Drill, Kendra
Lindahl, and John Rask, City Engineer Dan Faulkner, and
Clerical Supervisor Denise Hutt
1. CALL TO ORDER:
2. PUBLIC FORUM:
3. APPROVAL OF AGENDA:
MOTION by Commissioner Berkowitz, seconded by Commissioner Thompson to
move items 6B and 6E before 6A. Chairman Stulberg commented that he would vote
against it due to the fact that some people might not be here to testify at the public
hearings, as they knew the order of the agenda. Commissioner Berkowitz
acknowledged that the order is by the date of application, but asked if staff could
consider changing the procedure for future meetings in order to hear applications that
are not as controversial first on the agenda. Vote. 1 Aye. (Chairman Stulberg,
Commissioners Kohenen and Berkowitz voted Nay.) MOTION failed on a 1-3 Vote.
4. APPROVAL OF MINUTES:
Chairman Stulberg requested that a correction be made to the February 11, 1997
Planning Commission Minutes on. Page #40, Paragraph 3 to read " Mr. Theis
probably has some basis in his property which affects his financial status." MOTION
by Commissioner Koehnen, seconded by Commissioner Berkowitz recommending
approval of the February 11, 1997 Planning Commission Minutes, as amended, and the
February 25, 1997 Planning Commission Minutes. Vote. 5 Ayes. MOTION carried
on a unanimous vote.
5. CONSENT AGENDA:
Planning Commission Minutes
March 11, 1997
Page #48 �' 7
6. PUBLIC HEARINGS:
A. HOUSING SERVICES, INC. (96183)
Chairman Stulberg introduced the request by Housing Services, Inc. for a Land Use
Guide Plan Amendment, Rezoning, Site Plan Amendment, and Conditional Use Permit
for a 67 unit attached cooperative senior housing development known as "Gramercy
Park" for property located north of 45' Avenue, west of Revere Lane, and east of
Trenton Lane, Outlot A, Woodlands 2n° Addition.
Planner Rask gave an overview of the March 6, 1997, revised on March 11, 1997 staff
report and presented photo imaging of the site.
Director Hurlburt asked the distance from the proposed building to where the pictures
were taken from. Planner Rask replied approximately 175 to 200 feet.
Commissioner Berkowitz asked if he understood correctly, that because of the date of
the original platting, the tree preservation was not applied to the site, but that the
applicant is willing to comply anyway. Planner Rask replied affirmatively.
Commissioner Thompson asked if the reason the trees are being removed is because
there may be two additional wetlands on the site, but they won't find out for sure until
later. Planner Rask responded affirmatively, adding that the applicant is unsure at this
time until a spring follow-up can be conducted.
Commissioner Thompson asked about the wetland requirements. Planner Rask replied
that the applicant is not required to meet wetland buffer and setback requirements, a
minimum setback of 42 feet is provided on the site plan. If the wetland setbacks
applied, the applicant would be required to maintain an average setback of 75 feet and
a buffer of 15 feet. Director Hurlburt stated that mitigation is a state law requirement,
and the applicant must comply with the Wetland Conservation Act. Commissioner
Berkowitz commented that a loss of trees will occur over time because of the rise of the
water level. Planner Rask commented that a small portion would be graded out for a
small pond, but the other area is questionable and could take place over time.
Commissioner Koehnen asked if the entrance could be placed directly across from
Revere Lane, as it would be a good location for a four way stop. Planner Rask
explained that if the entrance was placed there, it would impact an area of an existing
wetland. City Engineer Faulkner added that the distance between Revere Lane and the
proposed driveway is an adequate amount for safety.
Commissioner Koehnen asked if a permit were issued and things need to be changed,
would it be too late. Planner Rask replied that the applicant would have to stay out of
Planning Commission Minutes
March 11, 1997 ? I
Page #49 -"'
the wetland area, but that there is nothing in the ordinance to prevent a land owner
from cutting down their own trees. Director Hurlburt commented that the wetland
permits would not be issued until after the spring follow-up, and the applicant could not
alter the site until such time.
Chairman Stulberg introduced Michael Conlan, the petitioner.
Mr. Conlan stated that he is the President of Housing Services, Inc. They are
proposing to build a 67 unit senior cooperative building. Mr. Conlan stated that he
concurs with the staff report. Mr. Conlan explained that with a cooperative building,
the seniors that will live in the building will own it. They elect a board of directors,
and as property managers, Mr. Conlan stated that they serve the seniors. The building
is designed and furnished to accommodate many services and amenities. Mr. Conland
stated that each senior pays and $18,000 to $33,200 membership fee and a monthly
maintenance fee ranging from $600 to 1,000, which goes to pay the mortgage and
operational fees. He explained that when a senior leaves, they sell their membership,
which is approved by the board. They will receive their membership fee plus a return
of one percent for each year they live their unit. Mr. Conlan stated that a waiting list
for a senior cooperative building can range up to 13 years. There are no subsidies or
income limits potential buyers.
Mr. Conlan stated that over the last six months they have had formal and informal
meetings with the neighbors at Zachary Lane School and in various homes. The plans
have been revised repeatedly at a considerable cost to the seniors. Mr. Conlan stated
that they have set up a neighborhood project impact fund to address any landscaping
and visual concerns of the wetland mitigation worst case scenario as a good faith effort.
He commented that the computer imaging is very accurate and the building looks like
their Rochester and Inver Grove Heights projects. Many of the seniors that would
occupy the building are from Plymouth and the surrounding communities, or have
families that live in Plymouth.
Chairman Stulberg introduced Mike St. Martin of Loucks and Associates. Mr. St.
Martin presented an aerial photo with the proposed site plan superimposed. Mr. St.
Martin pointed out the existing conditions on the site, including the wetland areas. He
said that the proposed building will follow the shape of the wetland, and is within the
required setbacks. The entrance will be off of 45' Avenue and will go through with
underground parking and exit at the other end of the building and come back around to
exit back out on to 45" Avenue. Mr. St. Martin explained the drainage patterns for the
site. He stated that the existing system should be designed to handle any water surface
runoff. He stated that the applicant has completed the application for wetland alteration
and has been submitted to the City and other appropriate agencies. Mr. St. Martin
assured that all items listed in the Engineer's Memo will be addressed.
Planning Commission Minutes
March 11, 1997
Page #50
Mr. Conlan stated that one reason for the request of additional building height is due to
the fact that residents that would be on the first floor would like to be up higher for
security reasons. Mr. Conclan stated that their information concludes that the area
northwest of the building is not a wetland, but they had to make a decision, so their
plan is based on the worst case scenario. He stated that they do not have any intention
of changing the plan again no matter what the outcome of the wetland is.
Commissioner Thompson asked for clarification if the applicant intends on building a
pond no matter what the outcome is of the wetland report. Mr. Conlan replied
affirmatively and added that they will put in whatever will grow, and they do not want
to change the plan again, as it needs to come to a closure.
Commissioner Koehnen questioned if the site could handle the water runoff and why
the extra four feet in height is needed since the units will have balconies. City
Engineer Faulkner replied that the current storm water system can handle the water
surface runoff.
Chairman Stulberg opened the public hearing.
Chairman Stulberg acknowledged letters that were received and included as attachments
to the staff report. The letters received were from Maria Gottwalt of 4620 Trenton
Circle dated March 6, 1997; Sharon Leader of 4545 Trenton Circle dated March 3,
1997; and, Rick Bloomfield of 4650 Trenton Circle dated March 4, 1997. Chairman
Stulberg acknowledged letters received prior to the meeting from Jay and Pamela
Trumbrower of 4525 Trenton Circle, dated March 6, 1997; and, Paul & Liz Schupanitz
of 4600 Trenton Circle dated march 10, 1997. All letters received were in opposition
to the proposal due mainly to the size of the building and loss of trees to the site.
Chairman Stulberg introduced Bill Johnson of 4570 Trenton Circle. Mr. Johnson
stated that when he purchased his lot ten years ago he paid an additional $10,000 for a
premium lot next to the wetlands. He was under the impression that because of the
wetlands, nothing would be built between his property and the wetland. If they had
known this, they would not have built there. Mr. Johnson stated his opposition to the
proposal is due to the building being too large and inadequate, and in some cases, no
buffering. Mr. Johnson stated that he asked Mr. Conlan at a meeting last fall, what
would be the smallest, building they could have and still make it work for them. He
said Mr. Conlan told him they could go with a 50 unit building. Mr. Johnson
commented that the proposal is a worst case scenario and that the trees will die from
the increased water level. He said that the trees are not significant in size, but do
provide a buffer. Mr. Johnson said that the applicant must be concerned about the
water runoff since they are willing to set up neighborhood impact fund. Mr. Johnson
asked if any options have been explored about mitigating on another site or adding to a
current wetland on the site. He asked about the procedure to determine the hydrology,
Planning Commission Minutes
March 11, 1997
Page #51
CIZ
and stated that this study should be done early this spring. He asked what assurances
can the Engineering Department can give on hydrology in their back yard. He stated
that the level of water in the area is high enough already. Mr. Johnson presented an
article regarding Woodbury in October, 1993 which depicted an area of flooding. He
said that the applicant said he was not in a hurry at previous meetings, and asked what
the hurry is now.
Chairman Stulberg introduced Joann Johnson of 4570 Trenton Circle. Ms. Johnson
asked what if this plan is not the worst case scenario. She wanted to know how the
Commissioners could make a decision without walking the site and urged them to vote
no on the proposal. Ms. Johnson said that her mother bought a condo in a cooperative
in Golden Valley, and the marketing people told them that there were 100 of people on
waiting list. When her mother died there was no one on the waiting list to buy her unit
and they lost $17,000.
Chairman Stulberg introduced Sally Neil of 4515 Trenton Circle. Ms. Neil asked how
many more apartments, townhouses, and the like are the residents going to be subjected
to. She stated that the buffer needs to stand as is and the building needs to be scaled
down. Ms. Neil presented pictures of Rolling Hills Park after a rain storm in 1994
showing flooding in the park near the area of the proposed building. Ms. Neil was
concerned that there are more wetlands than what the residents are being told.
Chairman Stulberg introduced a letter from Sharon Leader of 4545 Trenton Circle.
Ms. Leader's letter addressed her concern for haste in approving the plans. In her
letter, she stated that the residents are opposed to the size of the development. After
reading the staff report, she said that the words "reasonable development" sticks in her
mind, and that the proposal should be denied in its present form.
Chairman Stulberg introduced Liz Schupanitz of 4600 Trenton Circle. Ms. Schupanitz
stated that before they selected their lot, they went to the City to ask about potential
development in the area, as they didn't want any surprises. At the time, they felt there
were enough trees to screen from Plymouth Ponds. She stated that the trees are not
significant in size, but do provide a wall of green in the summer for beauty and
screening from Plymouth Ponds. Ms. Schupanitz stated that Councilmembers Vasilou
and Helliwell made comments in previous council meetings that residents should be
able to rely on information that was given to them when they purchased their homes.
Ms. Schupanitz stated that the computer imaging is taken at a wide angle, so it reduces
the objects. She presented a picture that she took from her deck simulating how the
view would actually look. She also presented a picture of Plymouth Ponds Apartments
from 170 feet away, which is the same distance that Gramercy Park is proposed to be.
Ms. Schupanitz presented information of the previously approved plan versus the
proposal for Gramercy Park. In the old plan, the building originated away from the
neighborhood. She stated that because of the changes to the Zoning Ordinance, the
Planning Commission Minutes
March 11, 1997
Page #52
proposal can no longer be built under a Planned Unit Development, as it was done
away with. She asked for an explanation as to how it was determined that the property
be guided LA -3. She stated her opposition to the proposal due to the size of the
building and that the project encroaches the wetland and the homeowners. If approved,
Ms. Schupanitz stated her willingness to work with the City on the path.
Chairman Stulberg introduced Greg McMath of 4550 Trenton Circle. Mr. McMath
stated he is opposed to the proposal because the structure is too large. If the building
was reduced, it would involve less destruction of trees and would allow for wetland
mitigation on an existing wetland. Mr. McMath stated that the applicant told the
residents that the City told them this was the only site available for this type of project.
City staff told the residents that they don't direct developers to sites. Mr. McMath said
that this is not the only opportunity that Plymouth has for senior buildings, as there are
two other projects in progress. Mr. McMath stated that with the lot of record
predating the wetland ordinance and tree preservation, it seems too convenient for the
applicant to pick and choose what they want to follow. Mr. McMath said that if it is
determined later that the site is worse than the worst case scenario, it will be too late.
He said that the applicant his the right to request an extension.
Chairman Stulberg introduced Sheila McMath of 4550 Trenton Circle. Ms. McMath
stated that she understands that the view in their backyard was never a guarantee, and
that she is not against senior housing. She stated that no one has said what the project
will do property values. She asked what the City or developer will do if there is water
problems that are caused from the development. She stated that he project will
diminish the trees and the wildlife in the area. She commented that there is no
guarantee for the trees that are left because of the wetland mitigation. Ms. McMath
stated that the applicant is asking the residents to sign a waiver releasing the applicant
from future liabilities. She added that the applicant is offering some residents money to
landscape their property. Ms. McMath commented that the replanted trees will not be
on the western portion of the site where the residents reside that are the most affected
from the project. Ms. McMath spoke to several issues in the staff report. She
commented that there is more than one senior project in Plymouth, as two other
projects are either underway in the review stage. She stated that the additional
landscaping proposed by the applicant is not done by her home. She stated that the
wetland delineation can't be confirmed until spring. The trees will already be gone,
and the worst case scenario would be the pictures that were presented of the flooding in
the park. Ms. McMath stated that the project will limit solar access. Ms. McMath
questioned the increased building height for safety reasons, as people will still have
access to the unit even at the proposed height.
Chairman Stulberg introduced Greg Lindberg of 4630 Trenton Circle. Mr. Lindberg
stated his concern with the size and location of NURP Pond #2 in proximity to the
walking path, as it is a safety hazard for children. He stated that if the building could
Planning Commission Minutes
March 11, 1997
Page #53
1
be reduced the pond could be moved back. Mr. Lindberg stated his concern with the
tree loss and inadequate buffering.
Chairman Stulberg introduced Jay Trumbower of 4525 Trenton Circle. Mr.
Trumbower asked how the lot of record differs from the Planned Unit Development,
and why the lot of record stands, but not the Planned Unit Development. He said it
seems like there are inconsistencies as to what is grandfathered in. He asked how the
original Planned Unit Development can be eliminated when it is half built. He said that
he is not opposed to senior housing, but that the project should not be rushed into. He
said the Commission should have confirmation on the wetland first before moving
forward. Mr. Trumbower said he doesn't understand why the applicant is not required
to abide by a 200 foot setback, as the City Council required in 1993. Mr. Trumbower
said that the buffering and the size of the building are big issues with the residents, and
urged denial of the project. Mr. Trumbower said that he had an appraiser out to look
at their home, and was told their property value would decrease because of the view.
Mr. Trumbower said that there is already a major increase of traffic on 45' Avenue
because of the new townhomes and Valley Forge Lane being a through street. Mr.
Trumbower stated that haste makes waste.
Chairman Stulberg introduced Tim Meyer of 4660 Trenton Circle. Mr. Meyer asked if
the information in the staff report is accurate as changes are continuing, and also if the
staff and the Commission have enough information to make a decision on the proposal
at this time.
Chairman Stulberg introduced Erwin Chatras of 4530 Trenton Circle. Mr. Chatras
stated that he is concerned with the hydrology level, and asked what assurances the
residents have on increased water level.
Chairman Stulberg introduced Jodi Heurung of 4535 Trenton Circle. Ms. Heurung left
the meeting before speaking.
Chairman Stulberg introduced Brian Larson of 4540 Trenton Circle. Mr. Larson stated
that three out of the four reasons for turning down the proposal in 1993 still exists
today. He stated that just because the Planned Unit Development is no longer in effect,
doesn't mean that the applicant shouldn't have to comply with it. He said that the most
impacted property owners have the least amount of buffering. Mr. Larson said that the
City should satisfy the needs of the people, not just the developer. Mr. Larson stated
that the trees should not be destroyed before final confirmation of the wetlands. He
said that the developer is not acting on good faith. He was told by the developer that
the project could be built with 50 units, now the developer said he meant in Rochester.
The developer has offered people money and were told they couldn't speak at the
public hearing against the project. He asked if the City can guarantee that the wetlands
won't be affected, and that their property values won't diminish.
Planning Commission Minutes
March 11, 1997
Page #54
Chairman Stulberg introduced Paul Schupanitz of 4600 Trenton Circle. Mr.
Schupanitz stated that the homeowners are frustrated and confused because during the
process of the application the Zoning Ordinance has changed. He said that there was a
proposal on the table and residents were not informed of the change of the ordinance,
which creates loopholes for the developer. He said that the intent of the Planned Unit
Development was upheld over the years. Mr. Schupanitz stated that the Planned Unit
Development is gone, but it is constantly referenced for approval in the staff report.
He said that the Commission needs to be mindful of the issues and the residents already
in the area. He stated that the staff report brings up issues and leaves them on the table
without resolving them. Mr. Schupanitz stated that the buildable area of the site has
shrunk over the years because of the wetlands and buffering, and asked if it is
reasonable for the building to get larger when the buildable area has shrunk. He said
that mitigation causes destruction of the wetlands, and if additional wetlands are found,
it will be more that a worst case scenario. He asked where the compromise is. He
would like an option on the table for a smaller building on the site. Mr. Schupanitz
asked if Engineering has received the information they referred to in the Engineer's
Memo.
Chairman Stulberg introduced Joe Keebler of 10205-47' Avenue North. Mr. Keebler
stated that his concerns are the same as mentioned by the other residents. The tree
removal would contribute to more run off and take away the aesthetics of the area. He
is concerned with the size of the building and the exterior lighting. Mr. Keebler
suggested that the northeast corner of 45' Avenue and Nathan Lane would be a more
appropriate site for the project. He stated that the developer told him they could get a
higher market price for the units being located next to a wetland.
Chairman Stulberg introduced Tom Gottwalt of 4620 Trenton Circle. Mr. Gottwalt
stated that in 1984 the Planned Unit Development was brought forth and was approved.
In 1987, the City Council denied a proposal because of the lack of buffering and green
space. In the mid-1980s, the residents built their homes with the understanding that
something was going in, but further to the east. In 1993, the developer requested a
wetland exemption and was denied, then proposed townhomes, which were also denied
by the Planning Commission and City Council. At that time, Councilmember Helliwell
commented that residents based their decision on the plans surrounding the site. In
1996, the Zoning Ordinance was changed. He asked why the residents were not
notified that it was no longer a Planned Unit Development. He said that the developer
should bear the risk of changes, not the residents. He added that the developer could
have developed under the Planned Unit Development during the last 10 years. He
asked what is so bad about waiting on this plan. He commented that the City,
developer, and the seniors still have choices, but that the residents do not.
Planning Commission Minutes
March 11, 1997
Page #55
L�ZD
Chairman Stulberg introduced Maria Gottwalt of 4620 Trenton Circle. Ms. Gottwalt
stated that $40,000 was offered to homeowners, and that she is appalled and surprised
about it. She stated that in a phone conversation with Mr. Conlan, he admitted that
money was offered for a project improvement fund for landscaping. She stated that
there is no landscaping that the homeowners can put in. Mr. Conlan said the money
would be given to them for whatever they choose to spend it on. She said that the
residents, in exchange for the money, would not be allowed to come to the meeting to
speak against the proposal. Ms. Gottwalt stated that she reiterated comments made by
Mr. Conlan to Mayor Tierney. One of the comments made by Mr. Conlan was why
the residents don't pool their money and buy the site.
Chairman Stulberg introduced Janet Klis of 16710-45' Avenue North. Ms. Kliss stated
that she is in favor of the project, and that it sounds like the neighborhood would be
opposed to almost any proposal.
Chairman Stulberg introduced Bill Dohse of 4610 Trenton Circle. Mr. Dohse stated
his confusion as to why the applicant is requesting LA -4 guiding and that there seems
to be discrepancies on the building size, density, and lot coverage. He stated that the
original plan showed a 200 foot setback, but the current one shows 169 feet. The site
coverage is three percent smaller, but the building is seven percent larger. The impact
is significantly greater. He stated that the City should maintain the integrity of the
original plans and taken into account the information given to the residents when they
built their homes.
Ms. Schupanitz presented a petition opposed to the Gramercy Park development in its
current form because of its impact on adjacent neighborhoods.
Chairman Stulberg introduced letters from Jody Heurung of 4535 Trenton Circle, Tim
and Amy Meyer dated March 6, 1997 of 4660 Trenton Circle, and Sally and Lonnie
Neild dated March 6, 1997 of 4515 Trenton Circle in opposition of the proposal.
Chairman Stulberg closed the public hearing.
Chairman Stulberg stated that the Commission is not here to reconsider anything, they
are only here to consider the application in front of them at this time. The Commission
is under no obligation. to do anything. He explained that the City staff and Planning
Commission act as a police officer of the Zoning Ordinance, which is objective not
subjective.
Director Hurlburt explained the process of the revision of the Zoning Ordinance and
adoption of a new zoning map. She stated that there were quite a number of
communications published in the official City newspapers and the Plymouth News.
Director Hurlburt explained the specifics of a Planned Unit Development. Under a
Planning Commission Minutes
March 11, 1997
Page ##56
Planned Unit Development, the City was vulnerable in enforcing it. Under the new
ordinance, the Planned Unit Development is reserved for developments that are unique
in that they don't fit into another zoning category. The City did keep a few Planned
Unit Developments because of the uniqueness and they were required to by law
because of timing issues.
Director Hurlburt explained that staff feels that this plan does the best job of meeting
the intent of the original plan under the current laws. She stated that you have to
consider distance to parking under the old plan, as it affects the trees as well. When
the City adopted the wetland ordinance and the tree preservation, it affected how land
can be developed. When you start protecting, it reduces the amount of buildable land.
The . decision was made when the ordinance was adopted that it does not apply to lots of
record. If an owner wants to subdivide their property further, the ordinances would
then apply. This property is not being subdivided, so it is exempt from the wetland
ordinance and the tree preservation plan. The issue of the wetland mitigation is
because of State Wetland Conservation Act, in which the applicant does have to
comply. She said that the State decided that wetlands are more important than trees.
City Engineer Faulkner stated that it is up to the developer to decide if they will
mitigate and where. Typically, they will mitigate on site. If the developer decides to
mitigate off-site, it needs to be in the same city and same watershed district. Pertaining
to the impact of surface water drainage, City Engineer Faulkner stated that the City can
give surface drainage guarantees, but no assurances on sub -surface drainage. The
recourse would be between the affected property owner and the developer, if the
affected party could show a relationship between the development and the occurrence.
With regard to the safety issue around the NURP ponds, City Engineer Faulkner stated
there are requirements to adhere to, which should impede anyone getting to the water's
edge. Chairman Stulberg asked if the proximity of the NURP pond to the trail is an
issue. City Engineer Faulkner replied negatively.
City Engineer Faulkner stated that the applicant has submitted a plan for the wetland
alteration which will follow the appropriate channels. He stated that the wetland
alteration plan is separate from the application, but it is integral with this plan and
needs to be approved before any grading can take place. He added that nothing can be
done in the wetland area until that determination is made.
Planner Rask stated that any change to the Land Use Guide Plan has to be approved by
the Metropolitan Council. Director Hurlburt stated that the Metropolitan Council does
not approve the approve City's Comprehensive Plan, but rather review proposals for
potential impacts on the transportation and sewer systems. They need to review
proposals before a plan is actually implemented. If the City Council approves
Planning Commission Minutes
March 11, 1997
Page #57
T-76
reguiding, then the application is submitted to the Metropolitan Council. After review
by the Metropolitan Council, the City Council will then act on the rezoning.
Planner Rask explained that the current guiding is LA -3, as it was under the Planned
Unit Development. The applicant is requesting a change to LA -4 guiding. Under the
LA -3 guiding, they are allowed up to 12 units per acre. The applicant's plan indicated
12.8 units per acre, thus the request to change the guiding to LA -4, which allows 12 to
20 units per acre. Mr. Conlan stated that they have looked at the issue of a smaller
building, but it is not economically feasible because of the cost of the building permit
fees, which then gets passed on to the seniors.
Pertaining to property values, Chairman Stulberg commented that the City can not
guarantee that their property values will go down, or up for that matter.
Relating to the money that was offered by the developer to individual residents,
Chairman Stulberg stated that they are in essence a private treaty that the City can not
enter into. The residents should consult their own attorney if they have any questions
pertaining to the offer.
Chairman Stulberg stated that the Commissioners are well aware of other proposals for
senior housing.
Chairman Stulberg noted that Commissioners try to visit many of the sites that have
proposals in question. He stated that he did visit this particular site. Commissioner
Koehnen stated that she too visited the site.
Pertaining to the Conditional Use Permit and the impact of solar access, Planner Rask
explained that at some point it will be obstructed, but it should provide some separation
so that the building does not overshadow the surrounding properties.
Planner Rask stated that the staff report is accurate, and staff had enough information
to make a recommendation.
Addressing the lighting issue, Planner Rask commented that the applicant is proposing
shoebox fixtures to reduce glare, and staff has requested a luminaire plan.
Planner Rask stated that the City can't regulate the color of the building or the roof.
He presented samples of the siding and the shingles.
Chairman Stulberg stated that the City can say yes or no to the proposal, and the
applicant has the right to come back with a new plan.
Planning Commission Minutes
March 11, 1997
Page #58
Chairman Stulberg commented that by leaving the site guided LA -3, more trees would
have to be removed. Planner Rask stated that a townhome proposal is also allowed
under LA -3 guiding, and with that, you will impact a greater portion of the site.
Pertaining to questions on the site coverage on the chart referred to in the staff report,
Planner Rask stated that it is difficult to understand, as you are not comparing apples to
apples. The property has changed and staff looks at the net density excluding the
wetlands. Densities have been consistent throughout the years. The density referred to
in 1993 is the same as what is being used now.
Commissioner Koehnen questioned the photos of the flooding of the park and asked
what would happen if that took place again. City Engineer Faulkner replied that when
that photo was taken, there was a blockage in the 45`' Avenue and Nathan Lane strom
drain that caused the flooding. As long as the pipe functions properly, there should not
be any flooding. Commissioner Koehnen asked if the tree removal would cause more
flooding. City Engineer Faulkner replied that the before and after development runoffs
have been taken into account. Director Hurlburt added that the runoff would be
ponded. City Engineer Faulkner stated that it would be ponded, but not detained and
metered.
Commissioner Koehnen asked what the procedure is for requesting a stop sign at 45'
Avenue and Trenton Circle. City Engineer Faulkner replied that the residents should
submit something in writing to him. He stated that the parking requirements are less,
so it would generate less traffic than the previous plan. He added that 45' Avenue was
designed to handle the traffic.
Commissioner Koehnen asked why larger trees are being proposed for planting since
the survival rate is not as good. Planner Rask responded that they are to provide buffer
earlier on, and that the trees are guaranteed for at least a year. The City will perform
an inspection to ensure at least one full growing season.
In response to a question raised on use of another site for the proposal, Director
Hurlburt explained that the northeast corner of Nathan Lane and 45 h Avenue is not
zoned for residential development, rather it is guided for commercial. She stated that
there are very few properties of this size that are zoned appropriately for this
development.
Commissioner Stoebner asked how deep the northwesterly NURP pond would be. City
Engineer Faulkner replied it would be an average depth of four feet, and it would be
reviewed at the final plan stages.
Commissioner Koehnen asked that at the time that more study is done in the spring,
will they look at the changes in the water and how will it affect the surrounding area.
Planning Commission Minutes
March 11, 1997
Page #59
City Engineer Faulkner stated that an exceptional wetland has already been done and
considered. Director Hurlburt commented that the main issue is not the quality, but
rather the extent of the wetlands on the site.
Commissioner Stoebner asked that assuming the Commission took action to deny the
proposal, what could the landowner do as far as tree removal. Director Hurlburt
replied that there is no regulation prohibiting a land owner from cutting down trees on
their property.
MOTION by Chairman Stulberg, seconded by Commissioner Berkowitz to recommend
approval of a Land Use Guide Plan Amendment for Housing Services for property
located north of 45`' Avenue, east of Trenton Circle and west of Nathan Lane.
Commissioner Koehnen asked if the property is kept LA -3, will it change the plan at
all. She said that the applicant is proposing 12.8 units per acre and that it is a shame to
be so close to the 12 units per acre that is allowed under the LA -3 guiding. She stated
that it would be unfortunate not to have a compromise since it is so close.
Director Hurlburt commented that the City has a high level of discretion on guiding. If
the guiding is recommend for denial, then the Commission needs to recommend denial
on all of the applications.
Commissioner Thompson stated that it is a shame that the Commission has to make a
decision right away because of the 120 day time limitation. He stated that the don't
live by a park, they live by someone else's land, and as an owner, they have a right to
develop. He stated that he is sympathetic to changes from when the residents built
their homes, but senior housing is needed in Plymouth. Commissioner Thompson
stated that it is not the goal of the Commission to tell a developer where to build, but
instead to act on the plan before them. Commissioner Thompson stated his concern
with the data and the worst case scenario of removing trees, as they may not need to be
removed. He commented that the tree removal is a major tradeoff of wiping out the
natural buffers when it may not be necessary. He stated that he would like more data
before changing the guide plan. Commissioner Thompson said the application can be
resumbitted after the data is available. Director Hurlburt noted that the Commission
can delay action only if the applicant wants to request an extension. Commissioner
Commissioner Thompson said that if the applicant would request an extension, it would
change his vote on recommending denial.
Commissioner Berkowitz stated that application is for LA -4 guiding and emotionally he
would like to keep it as is, but they have to evaluate this proposal, and it looks like a
complete package. He stated that it is unfortunate that we are so close with the 12
units standard under the LA -3 guiding versus the proposed 12.8 units.
Planning Commission Minutes
March 11, 1997
Page #60
Commissioner Koehnen stated that there are issues that are not clear enough at this
time, especially pertaining to the wetland. She stated that she would vote no at this
time. Director Hurlburt stated that there is no limit on the number of times you can
submit a Land Use Guide Plan application, but there is on a Conditional Use Permit.
Mr. Conlan stated that since they are dealing with seniors and putting they are putting
their homes up for sale, they did not want to delay this. He stated that their studies
show that this is not a wetland, but they had to make a decision now. He stated that if
the wetland is not extensive, they are willing to compromise, and let the neighbors
decide what they would prefer to have wetlands or trees.
Commissioner Thompson stated that the Commission can not put a condition on that.
Chairman Stulberg stated that he does not think it needs to be LA -4, as senior housing
can be built under LA -3.
Roll Call Vote. 0 Ayes. MOTION failed on a 0-5 Vote. (Chairman Stulberg and
Commissioners Stoebner, Koehnen, Thompson and Berkowitz voted nay.)
MOTION by Commissioner Thompson, seconded by Commissioner Koehnen
recommending denial of the Land Use Guide Plan Amendment for Housing Services
for property located north of 45' Avenue, east of Trenton Circle, and west of Nathan
Lane.
Commissioner Thompson stated that there is no adequate data to change the guide plan
to LA -4. Chairman Stulberg stated that the LA -3 guiding is appropriate based on the
facts as presented. Director Hurlburt summarized the Commission's comments on the
lack of ruling on the wetlands and potential impact of any development, and that
because of this, the Commission believes that there is not enough justification for
reguiding at this point.
Roll Call Vote. 5 Ayes. MOTION approved on a unanimous vote.
MOTION by Commissioner Berkowitz, seconded by Commissioner Stoebner
recommending denial of the Findings of Fact for Rezoning for Housing Services for
property located north .of 45' Avenue, east of Trenton Circle and west of Nathan Lane.
Roll Call Vote. 5 Ayes. MOTION approved on a unanimous vote.
MOTION by Commissioner Koehnen, seconded by Commissioner Thompson
recommending denial of a Site Plan Amendment and Conditional Use Permit for
Housing Services for property located north of 45' Avenue, east of Trenton Circle and
west of Nathan Lane. Roll Call Vote. 5 Ayes. MOTION approved on a unanimous
vote.
Planning Commission Minutes
March 11, 1997
Page #61
Chairman Stulberg called a recess at 10:40 p.m. and reconvened the meeting at 10:50
p.m. Commissioner Berkowitz left the meeting at 10:40 p.m.
A. RYAN COMPANIES (97007)
Chairman Stulberg introduced the request by Ryan Companies for a Variance from
setback requirements to erect a new monument sign at Value Rx located at 4700
Nathan Lane North.
Planner Lindahl gave an overview of the March 3, 1997 staff report. Planner Lindahl
pointed out that the applicant is requesting a variance for a 4.8 foot sign setback, not
10 feet as indicated in the attachment to the staff report.
Commissioner Koehnen asked if the size of the sign is going to change. Planner
Lindahl replied negatively.
Commissioner Thompson asked why the 15.2 foot variance is considered a hardship.
Planner Lindahl replied that because of the trees and the curve of Nathan Lane, it
makes it difficult to see the sign at the 20 foot setback. She stated that the footing at
the 4.8 foot setback is already poured.
Commissioner Stoebner asked if there was a variance granted for the previous sign.
Planner Lindahl replied that she was not sure that is was a conforming sign.
Chairman Stulberg introduced Kent Carlson of Ryan Companies, the petitioner. Mr.
Carlson stated that they bought the property from Miles Homes last year. He indicated
that the sign would be more compatible with the new business and the new brick
building.
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced Larry Kelner of 4750 Orleans Lane. Mr. Kelner stated
that it was odd that the applicant already poured the footings for the sign, since Ryan
Companies does a lot of business in Plymouth, and should be familiar with the
regulations. He asked if the sign is going to be the same dimension as the previous
one.
Chairman Stulberg closed the public hearing.
Mr. Carlson stated that the dimension is the same, but the brick is slightly wider. Mr.
Carlson apologized for putting in the footings, but the contractor did that when the
weather was getting cold before he finished up his other work on the site.
Planning Commission Minutes
March 11, 1997
Page #62 „2
MOTION by Commissioner Koehnen, seconded by Commissioner Stoebner
recommending approval of the Variance request for Ryan Companies for property
located at 4700 Nathan Lane North.
Commissioner Koehnen sated that she believes there is a hardship with the curve and
the trees, and that the size of the sign is small compared to the site. Commissioner
Thompson stated that the situation is not a true hardship, just an inconvenience.
Commissioner Stoebner stated that the standards have been met.
Roll Call Vote. 3 Ayes. MOTION approved on a 3-1 Vote. (Commissioner
Thompson voted nay.)
C. CITY OF PLYMOUTH (97009)
Chairman Stulberg introduced the request by the City of Plymouth for an Ordinance
amending Section 21175 of the City Code pertaining to wireless communications
antennas and related facilities.
Planner Rask gave an overview of the March 6, 1997 memo.
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced Peter Heimdahl of 1701 E. 791' Street, #19,
Minneapolis. Mr. Heimdahl stated that he is currently doing work for American
Portable Telecom (ADP). He commended that in Section 21175.03 the industry prefers
a half -mile search radius, and they don't look at anything under 75 feet in height. He
asked staff to consider being able to submit an application for review concurrent with
this going to the City Council for approval. Chairman Stulberg stated that an
application can be submitted at any time. Director Hurlburt concurred, and added that
it is at your own risk until it is approved by the City Council.
Commissioner Thompson stated he was confused by Mr. Heimdahl's comment on the
co -location requirement. Mr. Heimdahl replied that they don't look at anything under
75. As it is written, it would require them to document everything they look at.
Director Hurlburt stated that part of that documentation is how high you have to be to
provide adequate service. She stated that the interpretation is that they would need to
provide documentation on the height they need for a tower.
Chairman Stulberg closed the public hearing
MOTION by Commissioner Stoebner, seconded by Commissioner Thompson
recommending approval of the Findings of Fact for Amendment Section 21005 and
Planning Commission Minutes
March 11, 1997
Page #63 ✓?
ell ,.
21175 of the Plymouth City Code (Definitions and Antennas). Roll Call Vote. 4
Ayes. MOTION carried on a unanimous vote.
D. LARRY BEGIN (97010)
Chairman Stulberg introduced the request by Larry Begin for an Interim Use Permit to
allow Land Reclamation for property located south of 43rd Avenue (extended) and
approximately 600 feet east of Fernbrook Lane.
Planner Drill gave an overview of the March 4, 1997 staff report.
Chairman Stulberg opened and closed the public hearing as there was no one present to
speak on the issue.
MOTION by Chairman Stulberg, seconded by Commissioner Stoebner recommending
approval of an Interim Use Permit for Lawrence Begin for property located south of
43`d Avenue (extended) and approximately 600 feet east of Fernbrook Lane. Roll Call
Vote. 4 Ayes. MOTION carried on a unanimous vote.
E. SANDRA VROOMAN (97014)
Chairman Stulberg introduced the request by Sandra Vrooman for a Conditional Use
Permit to allow operation of Sassy's Cafe to be located at 1115 Vicksburg Lane North.
Planner Drill gave an overview of the March 5, 1997 staff report.
Chairman Stulberg introduced Sandra Vrooman of 1830 Archer Lane North, the
petitioner. Ms. Vrooman asked about Condition #D in the resolution. Director
Hurlburt explained that if the applicant fails to open for business within one year, the
Conditional Use Permit will expire. Ms. Vrooman asked if they are held to any certain
hours of operation. Director Hurlburt replied negatively. Ms. Vrooman stated that she
concurs with the staff report and listed conditions.
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced Gerry Cochran of 1051 Weston Lane. Ms. Cochran
asked where the building will be located. She indicated that she had a problem with
the previous business and noise at night. She asked why the City doesn't have a noise
ordinance. She stated that she has no objection to the proposal.
Chairman Stulberg closed the public hearing.
Planning Commission Minutes
March 11, 1997
Page #64
�r Wb
Director Hurlburt stated that the City does have a noise ordinance, and she would relay
Ms. Cochran's comments to the public safety department.
MOTION by Commissioner Stoebner, seconded by Commissioner Koehnen
recommending approval of a Conditional Use Permit for Sandra Vrooman for Sassy's
Cafe located at 115 Vicksburg Lane North. Roll Call Vote. 4 ayes. MOTION
carried on a unanimous vote.
MOTION by Commissioner Thompson, seconded by Commissioner Koehnen to
adjourn the meeting. Vote. 4 Ayes. MOTION carried unanimously. The meeting
was adjourned at 11:31 p.m.
Call to Order; i C�
The Bassett Creek Water Management Commission was called to order at 12:10 p.m., Thursday,
February 20, 1997, at the Holiday Inn, Cape Cod Room, by Vice Chairman F. Moore.
Roll Call:
Crystal:
Golden Valley:
Medicine Lake:
Minneapolis:
Minnetonka:
New Hope:
Plymouth:
Robbinsdale:
St. Louis Park:
Also present:
Not represented Counsel: Charlie LeFevere
Alternate Dean Chenoweth Engineer: Len Kremer
Not represented Recorder: Pat Schutrop
Alternate Jodi Polzin
Commissioner Lee Gustafson
Alternate Dan Donahue
Alternate Fred Moore
Commissioner Maria D'Andrea
Commissioner Michael Rardin
Steve Peaslee, former Commissioner, City of Crystal
Fred Salsbury, City Engineer for the City of Golden Valley
Approval and/or Correction of Minutes:
The minutes of December 19, 1996 were presented. Mr. Gustafson moved and Ms. Polzin
seconded approval of minutes. Carried unanimously.
Financial Statements:
1. Mr. Chenoweth presented the Treasurer's Report as of February 20, 1997. The checking
account balance is $133,656.05. The investment balance is 197,359.95, plus one
commercial paper in the amount of $100,323.49 (due April 15, 1997) for a total investment
balance of $297,683.44. The construction account is as follows:
Construction Account Balance .................................... $127,135.79
Commercial Paper ............................................ $200,626.67
Long -Term Investment ........................................ $1,000,000.00
Money Held for Medicine Lake ..................................... $5,000.00
Total Construction Account Balance .............................. $1,332,762.46
The construction escrow amount held by the City of Minneapolis is $292,961.13. The
Treasurer's report was accepted as presented and ordered to be filed subject to audit.
Presentation of Invoices to be Paid:
The following invoices were presented for approval:
1. An invoice was received from Kennedy and Graven for professional services during the
period of October 1, 1996 through December 31, 1996, regarding general matters in the
amount of $9,599.83.
Page 1
2. An invoice was received from Kennedy and Graven for professional services'during
October 1, 1996 through December 31, 1996 regarding credit matters in the amount of
$842.05.
Mr. Gustafson moved and Mr. Rardin seconded approval for payment of claims as set forth on
the invoices. Upori call of the roll, the vote was unanimously carried.
Organizational Meeting:
1. Mr. Gustafson moved and Mr. Rardin seconded the election of:
Mr. Peter Enck as Chairman
Mr. Lee Gustafson as Vice Chairman
Mr. Tom Mathisen as Secretary
Mr. Ed Silberman as Treasurer
There were no other nominations for office and the motion was carried unanimously.
2. Mr. Gustafson moved and Ms. Polzin seconded reappointment of Ms. Susan Virnig,
Assistant Financial Director, City of Golden Valley, as Deputy Treasurer. Carried
unanimously.
3. Mr. Gustafson moved and Ms. Polzin seconded reappointment of the Marquette Bank,
Golden Valley as the Official Depository. Carried unanimously.
4. Vice Chairman F. Moore appointed the following:
Executive Committee: Messrs. Gustafson, Mathisen, Silberman, and Enck.
Communications:
Chairman:
No communications.
Counsel:
1. Wenck Associates, Inc. completed their evaluation and submitted comments for the
Commission's review concerning the City of Minnetonka Water Resources Management
Plan. Wenck had five recommendations. The City of Minnetonka prepared responses to
three of the recommendations and intends to have the last two responses prepared for the
Commission's review at the March meeting.
2. A flyer was received on a Loss Control Workshop sponsored by the League of Minnesota
Cities.
Corps of Engineers:
I. In discussions with Mr. William Spychalla, Corps of Engineers, concerning the Corps
newsletter, Mr. Spychalla suggested it be published in local newspapers (i.e., the
Sun/Sailor) for greater distribution. The estimated cost will be about $3,500 to $4,000.
Mr. Spychalla is hopeful the draft newsletter will be ready for the next Commission
meeting.
Page 2
--' Q
2. In June 1996, revising the flood profiles of Bassett Creek (a requirement of the DNR
permit for the flood control project) was discussed. The Corps volunteered to perform the
hydraulic computations and the Commission agreed to perform the hydrologic
computations. The analysis of the hydrologic computations were completed by the
Commission engineer and submitted to the Interagency Review Committee in
November 1996. The hydrologic section of the Corps of Engineers also decided to submit
a model to the agency showing their hydrologic findings to avoid setting a precedent for
similar Corps projects. The modeling computations by the Corps and the Commission
engineer revealed different results.
The initial Corps' model predicted higher discharges after the project than before the
flood control project was complete. The Corps' calibrations did not appear to include the
most severe historic event.
The Corps agreed to examine the detail of the parameters and adjust their model. The
Commission engineer worked with the MDNR to develop new input parameters. The
DNR and the Commission engineer agree the second model calculations are acceptable.
The Corps is making a decision whether to accept the new modeling results.
The flood control project has the remaining issues: (1) documentation of costs incurred,
(2) the final flood profile approval, and (3) the maintenance plan. Ms. Polzin asked if the
Corps has turned over final ownership of the Bassett Creek tunnel. The Corps will turn
over ownership of the tunnel to the City of Minneapolis after the credit information has
been reviewed and approved.
Commissioners:
No communications.
Engineer:
1. Mr. Kremer received a telephone call from Hennepin County concerning a grant
application to clean up Doc's Auto Body. The auto body yard is located adjacent to the
old conduit. Hennepin County is requesting a letter of support from the Commission for
the cleanup.
Mr. Gustafson moved and Mr. Rardin seconded the motion to draft a letter to Hennepin
County in support of the cleanup grant application for Doc's Auto Body. Carried
unanimously.
2. The Minnesota Pollution Control Agency has agreed to help the Commission with the
Medicine Lake study. The MPCA will provide the monitoring equipment and is ready to
move forward this spring.
New Business:
I. On February 13, 1996, correspondence received from the City of Plymouth listed the
following appointment schedule for its Commissioner/Alternate positions:
Fred Moore Commissioner 2/1/96 to 1/31/197
Ron Quanbeck Alternate 2/1/96 to 1/31/97
Page 3
Ron Quanbeck Commissioner 2/1/97 to 1/31/99�(�
Fred Moore Alternate 2/1/97 to 1/31/99 v
2. Correspondence was received from the City of Crystal on January 10, 1997, appointing
Mr. Tom Mathisen as Commissioner and Mr. David Anderson as Alternate for the term
expiring December 31, 2000.
3. The City of Golden Valley is in the process of interviewing candidates for appointment of
Commissioner and Alternate positions for the Commission. Three people are being
considered.
4. The Commissioner/Alternate ternis for the City of Medicine Lake also expires. The
recorder will call the City of Medicine Lake for an update on their status.
5. Minneapolis Public Works Facility. This site is located immediately adjacent to the
railroad right-of-way where the conduit was constructed by Royalton Avenue. The project
consists of redeveloping a 5.5 -acre site and includes removing an existing building and
constructing a new public works facility. Grading will occur on 4 acres. Runoff from the
site will discharge directly to the Bassett Creek tunnel.
Discussion followed. Because the site is 5.5 acres, a wet detention pond must be
constructed in accordance with the Commission's water quality policy. The City of
Minneapolis is requesting a variance on the site. The city considered the wet detention
pond, a dry detention pond, and other best management practices in preparation for the
variance request from the Commission.
The City of Minneapolis is proposing to use a grit chamber in place of the wet detention
facility. According to the standards established for approval of variances, the Commission
engineer proposes an investigation be conducted to determine compliance with water
quality policy standards.
Mr. Gustafson moved and Mr. Rardin seconded the motion authorizing the Commission
engineer and Commission counsel to prepare a statement of findings for consideration by
the Commission at its March 20, 1997 meeting. Carried unanimously.
Old Business:
1. A memorandum was received from Mr. Dave Anderson, councilmember for'the City of
Crystal, requesting the location of the Commission meetings be changed. Mr. Anderson
asked Mr. Steve Peaslee to attend the Commission meeting on behalf of the City of Crystal
concerning this request.
Discussion followed. Mr. F. Moore is concerned about a citizen coming into a meeting
that is conducted by: starting the meeting, breaking for lunch, and then continuing with
the meeting. Mr. Fred Salsbury, City Engineer for the City of Golden Valley, commented
that Golden Valley is more concerned about the location of the Commission meetings.
Mr. Peaslee said the City of Crystal's concern is also more the location than the time of
the meeting. Ms. Polzin proposed changing the meeting location at this meeting and
consider modifying the meeting time at a later date.
The City of Golden Valley offered a room at its City Hall for the Commission to hold its
meetings.
Page 4
Mr. Gustafson moved and Mr. Rardin seconded the motion for the Commission to hold its
next regular meeting at the City of Golden Valley's city hall. Carried unanimously.
Discussion continued concerning a formal Bylaws change if there is a change in meeting
location and/or time. In August 1996, the Commission changed its meeting time to 12:00
noon. At that time, a notice was posted at least seven days prior to the next meeting
informing the public of the meeting time change. Mr. LeFevere commented that the
Commission may want the Bylaws to include more flexible language rather than listing a
specific location (i.e., public facility). He also recommended the Bylaws include specifying
where meeting notices will be posted.
Mr. F. Moore moved and Mr. Gustafson seconded the motion directing the Commission
counsel to draft a proposed Bylaws change to include new meeting location language and
time for consideration at the Commission's March meeting and notify the communities
that the Commission is considering the change. Carried unanimously.
2. Citizens Advisory Committee. The Joint Powers Agreement states the Commission will
make provision for citizen participation. A draft resolution was prepared by the
Commission counsel for discussion by the Commission to attempt to formalize action taken
by the Commission.
Mr. Donahue suggested sending a letter to communities requesting them to gather
information concerning citizen advisory committees from standing committees already .
organized within the communities.
Mr. LeFevere discussed the resolution and suggested the Commission inform the Board of
Water and Soil Resources about the Commission's progress in the citizens advisory
committee issue. BWSR asks for specific language in the Bylaws stating identification of
how input from citizens is received.
The resolution defines guidelines for the establishment of a Commission standing
committee on citizen advisory groups. The resolution also includes suggested actions to be
taken by the committee.
Discussion followed. The Commissioners recommended a wording change in item 5 which
states a permanent standing committee. The Commission would like it to read a
"temporary" standing committee.
Ms. D'Andrea moved and Mr. Rardin seconded the motion to form a temporary standing
committee on citizen advisory groups and send a letter to BWSR informing them that a
temporary standing committee is formed to investigate a standardized procedure for
citizen involvement. Carried unanimously.
Volunteers for the temporary standing committee consist of Commissioners D'Andrea,
Rardin and Polzin, and Commission counsel.
3. The North Rice, South Rice and Grimes Pond Lake and Watershed Management Plan; the
1996 Lake Water Quality Study; and the Biotic Index Evaluation will formally be
presented at the March meeting.
Mr. F. Moore asked Mr. Kremer to add North Rice and South Rice data to the summary
tables shown in the 1996 Lake Water Quality Study.
Page 5
Mr. Donahue asked if the 1996 Lake Water Quality Study has been formally accepted by
the Commission. The water quality data for Northwood Lake is necessary for a public
hearing. The data for Northwood Lake was completed at the end of 1996. The
Commission has not formally adopted the plan. Formal adoption of the watershed
management plans will take place when the overall plan is adopted.
Mr. Donahue moved and Mr. Gustafson seconded receipt of the final report for North
Rice, South Rice and Grimes Pond Lake and Watershed Management Plan; the 1996
Water Quality Study; and the Biotic Index Evaluation for filing with the Commission.
Carried unanimously.
Adjournment
It was moved by Ms. D'Andrea and seconded by Mr. Rardin that the meeting adjourn. ` j
Chairman F. Moore adjourned the meeting at 2:15 p.m.
W. Peter Enck, Chairman Pat Schutrop, Recorder
Date:
Lee Gustafson, Secretary
47368-1
Page 6
DATE: March 19, 1997
TO: Mayor and City Council through Dwight D. Johnson, City Manager
FROM: Fred G. Moore, Director of Public Works
SUBJECT: RIDGEMOUNT AVENUE STREET RECONSTRUCTION
CITY PROJECT NO. 7004
On March 5, the City Council held a public hearing on the reconstruction of Ridgemount
Avenue. The project also included the addition of an off-street trail adjacent to the roadway.
This is a joint project with the City of Minnetonka. At the close of the public hearing, the City
Council did order the project for construction and directed the preparation of the final plans
and specifications. The Council further directed that the plans be prepared with and without
the off-road trail and a public hearing held on the trail with notification to the surrounding area
within Plymouth. Also, staff was to provide an opportunity for the property owners
immediately adjacent to the street to review the construction plans after their completion, but
before approval by the City Council.
Attached are two letters along with the mailing list sent to the property owners, either
immediately adjacent to Ridgemount Avenue or in the area bounded by Ridgemount Avenue,
Plymouth Road, Sunset Trail, and County Road 73. The letter to the property owners
immediately adjacent to Ridgemount Avenue invites them to an open house on Monday,
March 31, 1997, from 5:00 p.m. to 7:00 p.m. at City Hall to review the construction
plans. The consultant and City staff will be available to review the plans with the property
owners. That letter further states that the City Council will hold a public hearing on April 2,
1997, (regular Council meeting) on the proposed off-road trail along Ridgemount Avenue.
The letter to the property owners in the larger areas informed them that the City Council will
hold a public hearing on: April 2, 1997, at the Plymouth City Hall on the off-road trail
along Ridgemount Avenue.
It is hoped that the Council will make a final determination on whether the trail will be
constructed at the April 2 meeting in order that the final plans can be completed and the project
bid for reconstruction this summer.
attachments:
\\City_ply\vol l\ENG\PROJECM 7004\M EMOS\MAYCTYC.dce
March 17, 1997
«PIN
((NAME
((ADDRESS 1
((CITY
», ((ST* «ZIP »
SUBJECT: RIDGEMOUNT AVENUE TRAIL CONSTRUCTION
COUNTY ROAD 73 TO PLYMOUTH ROAD
CITY PROJECT NO. 7004
Dear Property Owner:
The cities of Plymouth and Minnetonka have a proposed project to reconstruct Ridgemount
Avenue between County Road 73 and Plymouth Road this year. As part of the project, there is
an option to construct an off-street pedestrian trail immediately adjacent to the roadway. In
1992, Plymouth received a petition from many residents in the area along with a statement
from the Principal of Wayzata East Junior High School and Sunset Hill Elementary School
supporting the need for a pedestrian trail. The City Council stated the trail would be
considered at the time the street was reconstructed.
On March 5, the Plymouth City Council held a public hearing on the reconstruction of
Ridgemount Avenue. Several of the property owners immediately adjacent to Ridgemount
Avenue stated concerns on the need for the separate trail and the impact it would have on their
properties. The Council did authorize the Street Reconstruction Project, but stated that there
would be an additional opportunity for all citizens to provide their input on the need for the
trail.
The City Council will hold a public hearing on April 2, 1997, at the Plymouth City Center,
3400 Plymouth Boulevard, beginning at 7:00 p.m. on the off-road trail along Ridgemount
Avenue. If you are unable to attend the public hearing, you may submit comments in writing
and they will be made a part of the public hearing.
GOC
PLYMOUTH .1'l�euutiful Plute'Iv live :\ENG\PROIECTS\7004\LTRS\RDGEFRM. D
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (612) 509-5000
Page Two
The Council will make a final decision on the off-road trail along Ridgemount Avenue
after this public hearing. If you have any questions, please do not hesitate to contact
me at 509-5520 or Dan Campbell at 509-5522.
Sincerely,
Daniel L. Faulkner, P.E.
City Engineer
cc: Fred G. Moore, Director of Public Works
Dan Campbell, Sr. Engineering Technician
\\Ciryyly\vol l\ENGIPROJECTS\7004\LTRS\Rdpfpg2.doc
March 17, 1997 ` l T C
PLYMOUTH+
«PIN »
«NAME »
«ADDRESS 1 »
«CITY », 4cST» «ZIP »
SUBJECT: RIDGEMOUNT AVENUE STREET RECONSTRUCTION AND
TRAIL CONSTRUCTION
COUNTY ROAD 73 TO PLYMOUTH ROAD
CITY PROJECT NO. 7004
Dear Property Owner:
You have previously received a notice from the City on the proposed reconstruction of
Ridgemount Avenue and a public hearing to be held on the project for March 5. In addition to
reconstructing the existing street, the project proposes to construct an off-street pedestrian trail
immediately adjacent to the roadway. The trail was included as part of the project based upon
petitions received by the City in 1992 from many residents in the area along with a statement
from the Principal of Wayzata East Junior High School and Sunset Hill Elementary School
supporting the need for a pedestrian trail.
At the March 5 Council meeting after the public hearing, the City Council took the following
action:
• Approve the reconstruction project for Ridgemount Avenue.
• Directed that the project be designed with and without the off-street
pedestrian trail and an additional public hearing be held on the trail
construction.
• Directed staff and the consultant to make the final construction plans
available to the residents for review and comments before the construction
plans are presented to the City Council for approval.
You are invited to an open house on Monday, March 31, 1997, from 5:00 p.m. to 7:00
p.m. in the lunchroom at the Plymouth City Hall, 3400 Plymouth Boulevard, to review
the construction plans. The consultant and City staff will be available to review the plans
with you.
%%Cityy1y%vo11%ENG%PR0JECTS%M%LM%RDGEFRM Ldoc
PLYMOUTH .1 Beau tiyul Plate'To Live
3400 P1_YP/10UTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (612) 509-5000
Page Two
In addition to the open house, the City Council will hold a public hearing on April
2, 1997, at the Plymouth City Center, 3400 Plymouth Boulevard, beginning at 7:00
p.m. on the off-road trail along Ridgemount Avenue. In addition to this letter to
those properties immediately adjacent to Ridgemount Avenue, all properties in the area
bounded by Ridgemount Avenue, Plymouth Road, Sunset Trail, and County Road 73
have been sent a notice of the public hearing on the off-road trail.
The Council will make a decision on the off-road trail along Ridgemount Avenue and
approval of the final construction plans after this public hearing. If you are unable to
attend the open house on March 31 or the public hearing on April 2 and have questions
or concerns, please don't hesitate to contact me at 509-5520 or Dan Campbell at 509-
5522. You may also submit comments in writing and they will be made part of the
public hearing.
Sincerely,
Daniel L. Faulkner, P.E.
City Engineer
cc: Fred G. Moore, Director of Public Works
Dan Campbell, Sr. Engineering Technician
\\City_ply\wl t\ENG\PROJECTS VU04\LTRS\rdgRPg2.dce
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447
DATE: March 17, 1997
TO: Dwight Johnson, City Manager
FROM: John Rask, Planner, through Anne Hurlburt, Community Development
Director
SUBJECT: Extension of the 120 day review period for Gramercy Park
Attached is a letter we received from Housing Services, Inc. requesting an extension of
the 120 day review period from April 2, 1997 through July 31, 1997. The reason for the
extension is to verify the field conditions of the wetlands this spring, and to revise the
plans accordingly. Revisions may include off-site wetland mitigation to further reduce
tree removal. We have also suggested to the applicant that they look at reducing the
number of units and size of the building, as well as providing additional measures to
protect the natural buffer.
A staff report will not be prepared for the April 2, 1997 City Council agenda as originally
anticipated. At this point, it appears that a revised site plan will be submitted towards the
end of May. Any substantial revisions to the plans should be sent back to the Planning
Commission for review prior to consideration by the Council. Proper legal notices and
notification of adjacent property owners would be required prior to reconsideration by the
Planning Commission.
FROM POPHAM HAIK ET AL
(FI ) ;. 14' 97 15: 52/ST. 15: 51/NC. 3760036692 P 2
POPHAM HAIK
SCNNONAICH & KAVFMAN, LTO.
OCNVCII, COLORA60 PIPER JAFFRAY TO—C., SUITE 0,00
TEL 303-293.1200
222 90VTH NINTH STREET
MINNEAPOLI6. MINNESOTA 6 5402-3 0 36
NIAMI, FLORIDA TcL- 612-943-4800 • FAX 612-854-8888
TRL 303.390.0060
ROLRC A. WOROEN
011I5CCT DIAL (612) 584-2516
March 14, 1997
VIA FACSIMILE & FIRST CLASS MAIL
Ms. Anne W. Hurlburt
Director of Community Development
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447-1482
Re: Gramercy Park Cooperative of Plymouth
Our File No. 17692-005
Dear Ms. Hurlburt:
WA5NIN4TON, D.C.
TCL SLOE -624-9000
INTERNATIONAL AFPILIATION:
BCI�.MC, Cr,rw
TLl0f166I.61 mot
I appreciated you and John Rask taking the time to meet -with me yesterday on short
notice regarding the above project.
Housing Services, Inc. has authorized me to inform you that it has agreed to an
extension of the 120 day review period through July 31, 1997.
Although the precise extent of the wetlands will not be known until May in all
likelihood, Housing Services, Inc. will commit to doing whatever is necessary either on site,
and/or by enhancement of an off site wetland or wetlands to alleviate the concerns of the City
of Plymouth regarding the wetlands issue. Housing Services, Inc. is also amenable to
establishing a buffer area via a restrictive covenant; I am sure that once this area is defined,
we can work out declaration documentation that is satisfactory to the City and the City
Attorney.
Very o ,
Rolfe A. orden
Saturday
MARCH 15, 1997
Hoffies
3
E INDEX
Kenneth Harney Page H3
Calendar Page H2
H E Help lines Page H8
SECTION Home plan Page Hl l
Real estate transactions Page H12
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(1/5)
FYI
Shop for lender
When shopping for a mortgage,
don't depend on the real estate
agent. Otherwise good real estate
agents may send you to lenders
that don't necessarily offer the best
mortgage interest rates.
Some real estate agents may not
be up to date with who has the
best loans or may not be into
shopping around. Others may have
simply gotten comfortable doing
business with certain lenders or
gotten client referrals from said
lenders previously.
— "Home Buying for Dummies"
by Eric Tyson and Ray Brown
Income tax tip
Special assessments
"Special tax assessments" levied
on homeowners in an area some-
times are eligible for a deduction,
sometimes not. It all depends on
what the tax revenues were used
for.
If the proceeds were used to pay
for local improvements that tend
to increase the value of the as-
sessed properties, such as adding
sidewalks or street lights, the levy
doesn't qualify as a deductible
property tax.
Even though these types of tax
assessments aren't deductible, they
can be added to the cost "basis" of
your residence, which reduces the
taxable gain from a sale.
— Gary Klott
National Newspaper Syndicate
Eye on the numbers
Mortgage rates
Average Interest rate offered by 15 to 20 Twin
Cities area lenders for the last 8 weeks.
9%
year fixed
7 15 -year fixed
6 1 -year ARM
51.23 2.6 2-20 3-6
Source HSH Associates of Butler, NA
Renters' report... Page H27
i Average rent for Average vacancy for
the Twin Cities the Twin Cities
sew 4%
$596
$590
2.9
a% 2.7%
$5a0
$579
$570 2%
a" 6196 9,98 12/9 3/96 6196 9198 12196
source Apartment search Profiles
The Rooneys moved several months ago from a nondescript 17 -year-old
house in a planned development to a barn -red 95 -year-old farm house on 10
acres they bought for $232,000 in the still -rural northwest quadrant of
Plymouth. They've been suburban mice and country mice without having to
move from Plymouth.
Suzanne Rooney said her family swapped a friendly, helpful group of
neighbors for the company of a nearby stable of 11 snorting steeds and the
rituals of the country, namely watching for the seasonal appearance of
swans and geese in Elm Creek, which runs right through the family's back
yard.
No community identity
Like many people who move to Plymouth, the Rooneys were job transferees
with young children, drawn to the suburb because of the fine reputation of
the Wayzata School District, one of four that serve the city. The others are
Robbinsdale, Hopkins and a small part of Osseo.
The Wayzata district is building a high school in Plymouth. At 487,000
square feet, it will be the largest high school in the state and the largest
building in the city.
The Rooneys also were attracted to Plymouth because of its proximity to
downtown Minneapolis, about 15 to 20 minutes by freeway. However, they
are less than enchanted with the lack of accessible mass transit, which they
were accustomed to in their former home in Canada.
Because of the convenient mass -transit system, "In Montreal and Toronto
you can go anywhere; the kids can go anywhere," Suzanne Rooney said. But
in Plymouth, "When kids are 16, parents buy them cars."
Having four notable school districts within Plymouth is considered an
amenity, but it also has been detrimental to developing a strong community
identity.
"Schools have been a very strong factor throughout the history of
Minnesota for building identity," Mayor Joy Tierney said. "We're looking at
other things."
Published Saturday.March 15, 1997
11111E 1
Plymouth: Fast-growing suburb has many
faces
StarTriibune0nline
Jim Buchta / Star Tribune
Variety
Mention Plymouth, and many people who aren't familiar with the sizable
Twin Cities suburb tend to picture a sea of predictable houses, all built from
Related item
variations of the same tract -house floor plan.
More community profiles
That's a skewed vision.
While Plymouth does have several enclaves of uninspired houses tucked
behind three -car garages, this 36 -square -mile suburb offers a melange of
housing alternatives for buyers, sellers and renters.
Just ask Suzanne Rooney, who, along with her husband, Brian, and their
three children, has experienced two of the many personalities of Plymouth:
the upwardly mobile middle-class upstart and the pleasant, unassuming
agricultural matriarch.
The Rooneys moved several months ago from a nondescript 17 -year-old
house in a planned development to a barn -red 95 -year-old farm house on 10
acres they bought for $232,000 in the still -rural northwest quadrant of
Plymouth. They've been suburban mice and country mice without having to
move from Plymouth.
Suzanne Rooney said her family swapped a friendly, helpful group of
neighbors for the company of a nearby stable of 11 snorting steeds and the
rituals of the country, namely watching for the seasonal appearance of
swans and geese in Elm Creek, which runs right through the family's back
yard.
No community identity
Like many people who move to Plymouth, the Rooneys were job transferees
with young children, drawn to the suburb because of the fine reputation of
the Wayzata School District, one of four that serve the city. The others are
Robbinsdale, Hopkins and a small part of Osseo.
The Wayzata district is building a high school in Plymouth. At 487,000
square feet, it will be the largest high school in the state and the largest
building in the city.
The Rooneys also were attracted to Plymouth because of its proximity to
downtown Minneapolis, about 15 to 20 minutes by freeway. However, they
are less than enchanted with the lack of accessible mass transit, which they
were accustomed to in their former home in Canada.
Because of the convenient mass -transit system, "In Montreal and Toronto
you can go anywhere; the kids can go anywhere," Suzanne Rooney said. But
in Plymouth, "When kids are 16, parents buy them cars."
Having four notable school districts within Plymouth is considered an
amenity, but it also has been detrimental to developing a strong community
identity.
"Schools have been a very strong factor throughout the history of
Minnesota for building identity," Mayor Joy Tierney said. "We're looking at
other things."
other things."
Those "other things" include dozens of city parks, several large lakes and
regional attractions, such as the Clifton French Regional Park on the north
end of Medicine Lake and the Luce Line Trail, which has its trail head near
Parkers Lake in south-central Plymouth and runs west to Winsted, Minn.
Plymouth doesn't have a major regional shopping mall, but it is close to
Ridgedale in Minnetonka and Brookdale in Brooklyn Center. There also are
several small commercial nodes in most areas of the city, except for that
undeveloped northwest quadrant.
More than 40,000 people work in Plymouth, primarily at warehouses and
offices along Hwy. 55 and Interstate Hwy. 494 and at County Rd. 10 and
I-494.
From farms to cul-de-sacs
Until the 1960s, Plymouth was an agricultural community dotted with farm
houses and barns and full of rich habitat teeming with wildlife.
As Minneapolis, New Hope and Minnetonka grew, Plymouth found itself
on the doorstep of development. It was a place on the outskirts of the metro
area where you could buy a big lot inexpensively -- the land of opportunity
for young people such as Tierney and her husband, who 27 years ago
bought a house in Plymouth for less than $30,000. "We've watched the city
grow," she said.
And grow it has. Since 1970, the population has more than tripled from
18,077 to more than 58,000 within a 36 -square -mile area. Recent road maps
suggest a city designed by the hand of a manic Etch -A -Sketch artist, with
roads that twist and turn without any apparent sense of organization and
streets that end abruptly at cul-de-sacs.
In fact, Plymouth has more cul-de-sacs -- 690 -- than there are people in the
city of Medicine Lake, which Plymouth surrounds.
But the truth is that the city has been anything but willy-nilly in its approach
to development.
"A considerable amount of effort has gone into getting control of the
planning process," Tierney said. "The Metropolitan Council had suburban
areas [including Plymouth] do a comprehensive plan and think toward the
future -- about what we want it to be."
What Plymouth wants to be and what Plymouth is may be two mutually
exclusive ideas. The city is working hard to develop a city center near Hwy.
55 and Plymouth Blvd.
That is the location of City Hall, a new Hennepin County Library and a Cub
Foods store and the future site of a LifeTime Fitness center and a Mann
Theater. But the city is so large that trying to convince residents that their
city has a center might be difficult.
"Hopefully we would have an identity as we move along.... There's more
of an identity than when I moved in," Tierney said.
Running out of room
Because the areas within Plymouth that are supplied with city sewer and
water are nearly fully developed, and demand for homes in the city has
continued to grow, it is evolving into a community of higher priced
housing.
The median home price is significantly higher than in many area suburbs.
Last year, the median sale price of single-family houses in Plymouth was
$188,000, ranging from a low of $57,000 to a high of $544,700, the
Regional Multiple Listing Service said. (The median price is halfway
between the highest and lowest prices.) The average sale price was
$208,545.
Condominiums and townhouses tend to be significantly less expensive. Last
year, the median sale price of condominiums and townhouses sold through
the service was $94,800, ranging from a low of $15,000 (probably for a
garage) to $400,000. Todd Grill, a sales agent for RE/MAX Results and a
lifelong Plymouth resident, said townhouse sales in Plymouth are hot.
All told, the city has more than 21,000 housing units, mostly single-family
homes built primarily since 1960.
Last year, of the 546 building permits issued for new homes, 313 were for
single-family homes. That's down from 1992, when the city issued 814
building permits for new homes. The decline is a sign that developable land
is running out, said Anne Hurlburt, community development director.
Fans of "new urbanism," the development school of thought that promotes
pedestrian -oriented, mixed-use community development, might find plenty
to complain about in Plymouth. Most housing developments aren't within
walking distance of shops and services, and pedestrians clearly take a back
seat to hikers and bikers. Plymouth has few sidewalks but nearly 70 miles
of hiking trails.
Plymouth is the habitat of several large housing developers, such as Orrin
Thompson and Lundgren Brothers. Some real estate agents, such as Grill
and Sandy Patterson of Edina Realty, can identify houses by their
developer.
Patterson also is a longtime Plymouth resident. The house she and her
husband bought in 1969 for $36,900 now would sell for about $125,000.
They sold that one in 1984 and built a house nearby because they wanted to
stay near their school district and church, of which Plymouth has many.
One of the city's best known churches is Mount Olivet Lutheran Church.
The original Mount Olivet chapel, which was built in 1880 near Rockford
Rd., is one of the few 19th -century buildings in Plymouth. It's a stark
contrast to a townhouse development being built nearby.
The City Council has been willing to embrace relatively unusual housing
developments, such as Parkers Lake, a high-density development near the
"city center" with single-family homes and townhouses on very small lots
that sell for $160,00 to $250,000. It's a lifestyle popular with empty -nesters
and single buyers because homeowners belong to an association that
handles all maintenance, Grill said.
Some of Plymouth's most affordable housing is in a trailer park not far from
Hwys. 55 and 169, across the street from an industrial area and a
development of new $150,000 townhouses. Most apartment buildings in
Plymouth, such as Vicksburg Village, have been built since the 1980s and
are heavy on the amenities. That also means that they're more expensive
than the average apartment.
Neighborhood associations aren't unusual in Plymouth. Chelsea Woods,
another townhouse/single-family housing development near Parkers Lake,
has a well-regarded association that manages the buildings, yards and
has a well-regarded association that manages the buildings, yards and
Belated item resident facilities, including a pool and tennis courts. Built in the 1970s, the
development has single-family houses and townhouses for less than
[ More community profiles $200,000.
Most of Plymouth's housing has been built at a density of two houses per
Star Tribune Online acre or less, Hurlburt said. But as the availability of developable land
Variety wanes, smaller housing developments are being built in areas overlooked
when larger parcels were available. Houses also are being built one at a
time on lots carved from 1 -acre -plus homesites.
Wetlands have been a major challenge for developers and the City Council.
About 20 percent of the city is covered by undevelopable wetlands or flood
plains. For nearby homeowners, wetlands are an asset. They provide a
natural buffer between housing developments and allow developers to
follow the land's natural shape when planning road patterns.
Controlling growth
The question for developers, planners and residents is whether Plymouth's
rural areas can survive. The answer lies with city planners and the
Metropolitan Council, both of which are wrestling with whether to proceed
with expansion of sewer and water services.
Slow, careful planning is the home shopper's lament and the seller's dream.
Grill said buyers are chomping at the bit for the chance to buy property in
the northwest corner of the city, where the Rooneys live. Most of that
section is undeveloped, in part because it's not served by city sewer and
water services. That means that landowners would have to divide the land
into multi -acre lots that can accommodate a private well and septic system.
"We know development is going to come," Suzanne Rooney said. "When
development comes, we'll not want to stay.... Our youngest is 9. When he
leaves, we'll be ready to move, too."
Copyright 1997 Star Tribune. All rights reserved.
SATURDAY, MARCH 15.1997 Homes�r
�^"' STAR TRIBUNE •PAGE H7
Recent home sales
$64,000
This rambler was built in 1920. It has 727 finished square feet, two bedrooms and one
bathroom. The sale closed in February 1996 after 149 days on the market. The original
list price was $69,900.
$151,000 $351,000
Built in 1983, this four -level house has three bedrooms, two bathrooms, a family room, This two-story house was built in 1993. It has 3,100 finished square feet, four bed -
central air conditioning, a fireplace, hardwood floors and a three -car garage. The sale rooms, three bathrooms, a family room, two fireplaces, central air conditioning and a
closed in December after 214 days on the market. The original list price was $156,000. three -car garage. The sale closed in June after 35 days. The original price was $360,000.
$265,000 $560,000
This two-story house was built in 1982. It has four bedrooms, three bathrooms, a fam- Built in 1992, this two-story house has 6,519 finished square feet, seven bedrooms, six
ily, room, two, fireplaces,:central air conditioning and a two -car garage. The sale closed bathrooms, a family room, central air conditioning, hardwood floors and a three -car
in July after.31 days gn,thk_j ji* .,Tf}e original list price?',,as $269,900. garage. The sale closed in January 1995 after 16 days. The ongirjal price;vtd5 560,000.
Z... .L_'e-y r.-._r.,;.�ra,.F:FiD.^'set'r•�dlRir►iesr-a-,`r•..a..,�,-..L,:.s.i.. o.v .ir �-. ...: ...-....... ..,
•
NOTICE OF
METROPOLITAN COUNCII.
PUBLIC HEARING INFORMATION
Three amendments to the Recreation Open Space Development Guid&Folicy Plan on the following
topics:
1. Regional Recreation Open Space Policy to Address Mississippi National River and Recreation
Area/Critical Areas Coordination
2. Cellular Phone/Emergency Radio Towers on Regional Recreation Open Space Land
3. Regional Recreation Open Space Capital Improvement Program 1998-2003
The Metropolitan Council's Community Development Committee will hold a public hearing on three
amendments to the Recreation Open Space Development Guide/Policy Plan. The proposed amendments
may affect the standards for determining projects of metropolitan significance in the Metropolitan
Significance Rules.
Copies of the public hearing document (Publication No. 78-97-019) are available for review at rpaje�
public libraries in the seven -county Twin Cities Metropolitan Area or by contacting the Couz}cil''s '. 1.
Regional Data Center at 291-8140 or 291-0904 (TTY). It 1
PUBLIC HEARING INFORMATION [E
Y. ,4 r
When and Where:
Monday, April 21, 1997, 12 noon,
as part of the Metropolitan Council's
Community Development Committee meeting
Conference Room IA, Mears Park Centre.
230 E. Fifth Street' `
St. Paul, Minnesota 55101
Who is Being Notified:
. County, city and township key contact people
• Selected state and federal organizations
• Regional recreation system implementing agencies
• Interested citizens and community organizations
How to Participate:
1. You may attend the meeting and offer oral or written comments. You
may register to testify in advance by calling Ellie Porter at 291-6312
or 291-0904 (TTY).
2. Comments may also be submitted as follows (all comments must be
received by 4:30 p.m., Monday May 5,1997):
• Send written comments to: Arne Stefferud, Metropolitan Council,
230 E. Fifth St., St. Paul, MN 55101
• FAX comments to Mr. Stefferud at 291-6442
• Record comments on the Council's Public Comment Line:
• (612)291-6546
• Send comments electronically to: data.center@metc.state.mn.us
Questions:
Call the following Council staff-
Ame Stefferud, 291-6360 or Phyllis Hanson, 291-6566
Ellie Porter, 291-6312 or 291-0904
U Aparks\noticepk.doc
C yA
NEIL
I
-�--4Q,
gFPCITY
PLYMOUTR
For Immediate Release Contact:
March 18, 1996 Greg Cook, 509-5992
Watermain Flushing Set for Plymouth
Plymouth city sewer and water crews will flush watermains in April and
May. The schedule is as follows.
• Industrial areas, both sides of 1-494, south of Hwy. 55: April 7 - 9;
• Residential areas, west of 1-494, except the Camelot area: April 10 - 25; and
• Residential areas, east of 1-494 and the Camelot area: April 28 - May 9.
The purpose of this program is to maintain a high quality of municipal
water. Discolored water is possible throughout the flushing schedule, but it is more
likely on the day crews flush lines in your area. Please avoid doing laundry on that
day. If you have discolored water, let your outdoor water spigot run until the water
is clear.
If you want to know the exact day your area will be flushed, please call
509-5950 after March 24.
191111
PLYMOUTH A Beautifu(PCace To Live
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (612) 509-5000
p
Published VJednesday.iviarch 19, 1997
Plymouth to be test site for Prudential
consolidation
StarTrbune0nline Dee DePass / Star Tribune
Business New Jersey -based Prudential Insurance Co. of America, the nation's largest
insurer, said Tuesday it has chosen Plymouth for one of three consolidated
test offices in a program that could become the company's national norm.
Richmond, Va., and Phoenix are the other two locations.
The test sites will group Prudential's insurance, securities and real estate
operations under one roof and encourage aggressive cross -selling of
products to existing customers, officials said. Each unit now operates
independently.
If the experiment is successful, Prudential's centers will up the ante in the
competition with local banks, securities brokerages and other financial
institutions that all are fighting for a larger piece of the lucrative financial
services pie.
Prudential also announced that it soon will begin pushing a fee-based
financial planning service that is modeled after American Express Financial
Advisors.
Prudential has 3,245 employees in Minnesota and plans to add 100 to 200
in the next 12 months to accommodate the Plymouth test. Minnesota, with
145,000 customers, is a critical location for Prudential. If the test mode
works over the next year, the company said it will roll out consolidated
office structures nationwide.
The idea is to create one-stop shopping for customers who are buying
houses, insurance or mutual funds. While many customers are familiar with
Prudential's largest niche, insurance, they may not know that they can buy a
home or mutual funds from the same company.
Prudential plans to use consolidated statements that summarize customer
profiles across product lines. And it will provide incentives for cross -buying
-- for example, a year of free homeowner's insurance for customers who buy
a house using a Prudential real estate broker, said Tim Feige, vice president
of corporate marketing.
Feige noted that big banks, including Norwest and First Bank, have used
Star Trhune Online cross -selling, one-stop shopping and online services.
Business
Prudential plans to introduce a customer analysis data base within the next
12 months and offer online services and 24-hour phone service.
0 Copyright 1997 Star Tribune. All rights reserved.
t Y�15 Yb is /'`�so�ciat�
l;+ a
p,0, � 5233
553Q-3
March 17, 1997
Dear Sugar Hills Homeowners,
There will be a Special Meeting of all Sugar Hills Homeowners on Wednesday,
March 26, 1997 at 7:00 p.m.. The meeting will be at the Plymouth City Hall 3400
Plymouth Blvd. in the employees lunch room.
The agenda for this Special Meeting will a presentation by the developer, Brad
Moen, of the proposed commercial development, south of 36th Street and across
from Zanzibar.
Acting for the
Board of Dir ctors
Kathleen Sand
Personal Touch Management
0 1997
CITY Of PLYMOUTH
COMMUNITY DEVELOPMENT DEPARTMENT,
March 18, 1997
Mr. Ron Larsen
Minnesota Pollution Control Agency
McQuay International
13600 Industrial Park Boulevard
Plymouth, Minnesota 55441
RE: Petroleum Tank Release Site File Closure
Site: McQuay International, 13600 Industrial Park Boulevard, Plymouth
Site ID#: LEAK00009646
Dear Mr. Larsen:
C I KA,",
We are pleased to let you know that the Minnesota Pollution Control Agency (MPCA) Tanks and
Emergency Response Section (TERS) staff has determined that your investigation and/or cleanup
has adequately addressed the petroleum tank release at the site listed above. Based on the
information provided, the TERS staff has closed the release site file.
Closure of the file means. that the TERS staff does not require any additional investigation and/or
cleanup work at this time *or in the foreseeable future. Please be aware that file closure does not
necessarily mean that all petroleum contamination has been removed from this site. However,
the TERS staff has concluded that any remaining contamination, if present, does not appear to
pose a threat to public health or the environment.
The MPCA reserves the right to reopen this file and to require additional investigation and/or
cleanup work if new information or changing regulatory requirements make additional work
necessary. If you or other parties discover additional contamination (either petroleum or
nonpetroleum) that was not previously reported to the MPCA, Minnesota law requires that the
MPCA be immediately notified.
You should understand that this letter does not release any party from liability for the petroleum
contamination under Minn. Stat. ch. 115C (Supp 1995) or any other applicable state or federal
law. In addition, this letter does not release any party from liability for nonpetroleum
contamination, if present, under Minn. Stat. ch. 115B (1994), the Minnesota Superfund Law.
520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (612) 296-6300 (Voice); (612) 282-5332 (TTY)
Regional Offices: Duluth • Brainerd • Detroit Lakes • Marshall • Rochester
Equal Opportunity Employer • Printed on recycled paper containing at least 20% fibers from paper recycled by consumers.
Mr. Ron Larsen
March 18, 1997
Page 2
Ir- 4 f
Because you performed the requested work, the state may reimburse you for a major portion of
your costs. The Petroleum Tank Release Cleanup Act establishes a fund which may provide
partial reimbursement for petroleum tank release cleanup costs. This fund is administered by the
Department of Commerce Petro Board. Specific eligibility rules are available from the Petro
Board at 612/297-1119 or 612/2974203.
If future development of this property or the surrounding area is planned, it should be assumed
that petroleum contamination may still be present. If petroleum contamination is encountered
during future development work, the MPCA staff should be notified immediately.
For specific information regarding petroleum contamination that may remain at this leak site,
please call the TERS File Request Program at 612/297-8499. The MPCA fact sheet #3.35
Leak/Spill and Underground Storage Tank File Request Form (April 1996) must be completed
prior to arranging a time for file review.
Thank you for your response to this petroleum tank release and for your cooperation with the
MPCA to protect public health and the environment. If you have any questions regarding this
letter, please call me at 612/297-8594.
Sincerely,
tpl-Jessica Ebertz
Project Manager
Cleanup Unit II
Tanks and Emergency Response Section
Msmm
cc: Laurie Ahrens, Plymouth City Clerk
Richard Kline, Plymouth Fire Chief
Greg Lie, Hennepin County Solid Waste Officer
Eric Poissant, West Central Environmental Consultants
Minnesota Department of Commerce Petrofund Staff
March 10, 1997
Roger and Carol Handberg
3630 Zanzibar Lane North
Plymouth, MN 55446-2686
Dear Mr. and Ms. Handberg:
F..
wl
x PCITYCO�
J�-�a
PLYMOUTR
In response to your request, we have added your name to our mailing list for the proposed project
south of Sugar Hills Town Homes. At the present time, we are anticipating that project will go to
the Planning Commission on April 8. However, that date is subject to change and we will mail
you a notice of the Public Hearing when it is officially scheduled. Should you have any further
questions in the interim, please contact the principal staff reviewer, Kendra Lindahl, at 509-5453.
I would like to clarify three of the issues that you identified in your letter. First, you indicated
that the property in question was originally planned as residential/office. Prior to December
1996, the land use guiding for this property was CL (Limited Business), a classification focused
primarily on office development. The current guiding is CO (Commercial Office) which has a
similar focus, although housing may be appropriate. The zoning of the parcel is FRD (Future
Restricted Development), which is essentially a holding category until development is proposed.
The zoning districts compatible with the CO guiding include BC (Business Campus) and OR
(Office Residential). Both of these districts have an office orientation. Residential development
is allowed as a conditional use in the OR District.
The City has received a request from Moen Leuer Construction to rezone the property from its
current FRD (Future Restricted Development) to B -C (Business Campus). A Conditional Use
Permit is also requested in order to allow up to 50% accessory storage and warehouse space.
You also indicated that 36 h Avenue is not designed for commercial use. Because the uses south
of 36'h Avenue have been planned as commercial for quite some time, 36`h Avenue was designed
to handle commercial traffic volumes.
I hope this information clears up any misunderstanding about the current status of the affected
property. Kendra Lindahl, principal staff reviewer, would be happy to answer any additional
questions you may have about this matter.
Sincerely,
Anne W. Hurlburt, AICP
Community Development Director
cc: Kendra Lindahl
PLYMOUTH A Beautiful Place To Live
3,100 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (612) 509-5000
f
CITY OF
PLYNOUTR
March 10, 1997
Roger and Carol Handberg
3630 Zanzibar Lane North
Plymouth, Minnesota 55446-2686
Dear Mr. and Mrs. Handberg,
DECEIVE
MAP\ � ( 1997 �
I
CITY OF rLYMOUTH
COMMUNITY DEVELOPMENT DEPARTMENT
Thank you for your letter about the proposed rezoning of the property behind Dundee
Nursery. I have asked Community Development Director Anne Hurlburt to respond to
your comments. You can expect a response from her by March 24, 1997.
Thanks again for your thoughtful letter. Please give Assistant City Manager Kathy
Lueckert a call on 509-5052 if you have not received a response by March 24.
Sincerely,
Joy Tierney
Mayor
cc: Anne Hurlburt, Community Development Director
C/R. file (97-20)
PLYMOUTH A Beauf fuN1aceTo Live
3400 PLYMOUTH BOULEVARD - PLYMOUTH, MINNESOTA 55447-1482 - TELEPHONE (612) 509-5000
V/�
March 20, 1997
Donald M. Gullett
VP Store Development
Tires Plus Groupe
701 Ladybird Lane
Burnsville, MN 55337
Dear Mr. Gullett:
6, S'C
I am responding to your March 11 letter to City Manager Dwight Johnson.
Thank you for the information about automotive businesses in Plymouth, and for your
concern about zoning issues relating to automotive products and service sales
businesses.
Plymouth shares your concern that such facilities be well designed and of a high
quality. We control the design and location of automotive uses through the conditional
use permit process and strict enforcement of screening and outdoor storage
requirements. We also limit major auto repair to industrial and commercial warehouse
zoning districts, to limit potential impacts on retail businesses and residential areas.
If you have any questions about Plymouth's zoning regulations affecting your industry,
pleas feel free to call me at 509-5401.
Sincerely,
Anne W. Hurlburt, AICP
Community Development Director
PLYMOUTH :I _-:autiliitP(aie'ro Li.ie
3400 PLYMOU-H BOULEJARD • PLYMOUTH. MINNESOTA 55447-1482 • TELEPHONE (612.i 509-5G^0
11REf PLUifo
K
G R O U P E '!!
V,
March 11, 1997 00 g X 97
City Manager Dwight Johnson
3400 Plymouth Blvd.
Plymouth, MN 55447 9
Dear Mr. Johnson:
S �
We are writing to let you know about an activity that is occurring in our industry that could pose some
planning and / or zoning challenges to your community.
Tires Plus is a Twin City based company that operates in 6 states. Our corporate Mission Objective has
been the redefinition of an industry with a perceived bad reputation -one of being unclean,
unprofessional, and untrustworthy. The task was similar to the way Disney earlier redefined the carnival
and outdoor entertainment industry. A large portion of achieving this objective is gaining acceptance into
retail areas that are not zoned for automotive use. In this effort, we have agreed to high standards imposed
by communities such as yours for the right to receive a conditional use permit. Tires Plus welcomes this
approach in our developments throughout the country. Even though we always Nvant to improve, we are
providing well designed and high quality facilities to the communities that we serve. As you may be
aware, two years ago the members of the Minnesota Shopping Center Association confirmed our
commitment by awarding us their STARR award for the retail store design of the year in the under 10,000
square foot category.
In our effort to set the standard, we feel we may have paved the way for easier acceptance for others in our
industry who unfortunately may not embrace the same commitment. According to our trade publications,
some national fire and automotive parts and service companies are working to establish a presence in this
and other markets. We presently compete successfully against several of these national chains in other
markets outside of Minnesota, but that fact is not what concerns us. Tires Plus has worked hard to create
and maintain our image. We would hope that you would not automatically assume that all others are the
same and that you would assure yourself that any proposed development really meets your expected
standards. The proposed facilities and site plans are not the only areas of concern but also some of the
current tactics. We are aware that the City Council of at least one Thin Cities community was promised a
parts store without any service bays, and now that the parcel has been rezoned for automotive use, we have
been advised that the user is planning to actually erect a fire store with service bays. We abhor such tactics
and the image they create for our industry.
We are also including some data concerning the automotive industry's impact in your specific community.
As cities struggle to balance the different uses and types of development, we believe you will find this
information helpful in your decision making process.
Tires Plus is simply requesting that your city be aware of this development activity. As your community
weighs the merits of these applications, Tires Plus requests a level playing field. We urge you to uphold
the development standards that we believe Nve, «ith the city's participation, have set for the fire industry.
Very truly yours,
Donald M. Gullett
VP Store Development
701 Ladybird Lane Burnsville, Minnesota 55337
Phone: 612/894-2700 Fax: 612\894-9145
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Tue'Mar 11, 1997 Page 1
BUSINESS -FACTS: LOCATION DIRECTORY
BY EQUIFAX NATIONAL DECISION SYSTEMS 800-866-6511-�
Tagged Trade Area - SERVICE STATIONS
PLYMOUTH CITY
------------------------------------------------------------------------
COORD:
45:01.40
93:27.76
BUSINESS NAME
ADDRESS
SIC
DIST/DIR
INDUSTRY
------------------------------------------------------------------------
CITY
TYPE
SIZE
AMOCO SERVICE STATION
3955 VINEWOOD LN N
554100
0.6 E
GASOLINE SV STATION
MINNEAPOLIS, MN 55441
BRANCH
0-9
HOLIDAY STATION STORE
GASOLINE SV STATION
MR GAS
GASOLINE SV STATION
HOLIDAY STATION STORE
GASOLINE SV STATION
PLYMOUTH CONOCO
GASOLINE SV STATION
PLYMOUTH AMOCO
GASOLINE SV STATION
HERB'S SERVICENTER
GASOLINE SV STATION
HOLIDAY STATION STORE
GASOLINE SV STATION
8 WITHIN AREA
11100 HIGHWAY 55
MINNEAPOLIS, MN 55441
11021 HIGHWAY 55
MINNEAPOLIS, MN 55441
10100 COUNTY ROAD 19
MINNEAPOLIS, MN 55442
12650 BASS LAKE RD
MINNEAPOLIS, MN 55442
3855 PLYMOUTH BLVD
MINNEAPOLIS, MN 55446
17435 COUNTY ROAD 16
MINNEAPOLIS, MN 55447
3020 FERNBROOK LN N
MINNEAPOLIS, MN 55447
554100 3.1 SE
BRANCH 2O-49
554100 3.2 SE
SINGLE 0-9
554100 2.8 E
BRANCH 10-19
554100 3.0 N
BRANCH 10-19
554100 0.8 W
BRANCH 10-19
554100 2.7 SW
SINGLE 20-49
554100 0.6 S
BRANCH 2O-49
* IN DIRECTION COLUMN MEANS MATCHED TO ZIP CODE CENTROID GI: 100
Tue Mar 11, 1997 Page 1
BUSINESS -FACTS: LOCATION DIRECTORY
BY EQUIFAX NATIONAL DECISION SYSTEMS 800-866-6511
Tagged Trade Area - GENERAL AUTO REPAIR
15C
PLYMOUTH CITY
------------------------------------------------------------------------
COORD:
45:01.40
93:27.76
BUSINESS NAME
ADDRESS
SIC
DIST/DIR
INDUSTRY
------------------------------------------------------------------------
CITY
TYPE
SIZE
APPEARANCE RECONDITIONING CO
12833 INDUSTRIAL PARK
BLV 753800
1.7 SE
GENERAL AUTO REPAIR
MINNEAPOLIS, MN 55441
SINGLE
0-9
ENDURANCE TRANSMISSION INC
AUTO TRANSM REPAIR
JOHN'S TONKA AUTO CTR
GENERAL AUTO REPAIR
PLYMOUTH AUTO SVC
GENERAL AUTO REPAIR
PLYMOUTH VILLAGE AUTOMOTIVE
GENERAL AUTO REPAIR
RON TOWNSEND IMPORT SVC
GENERAL AUTO REPAIR
WILL'S TRANSMISSION SVC
AUTO TRANSM REPAIR
AUTO -SOUND ENTRONIX
GENERAL AUTO REPAIR
FOUR SEASONS AUTOMOTIVE
GENERAL AUTO REPAIR
RDJ SVC
GENERAL AUTO REPAIR
AUTO EXPERTS INC
AUTO TRANSM REPAIR
KENNEDY TRANSMISSION
AUTO TRANSM REPAIR
12 WITHIN AREA
3515 HIGHWAY 169 N
MINNEAPOLIS, MN 55441
10905 6TH AVE N
MINNEAPOLIS, MN 55441
9605 36TH AVE N
MINNEAPOLIS, MN 55441
10905 6TH AVE N
MINNEAPOLIS, MN 55441
12255 24TH AVE N
MINNEAPOLIS, MN 55441
11350 OLSON MEMORIAL HWY
MINNEAPOLIS, MN 55441
9600 54TH AVE N
MINNEAPOLIS, MN 55442.
9950 COUNTY ROAD 19
MINNEAPOLIS, MN 55442
17730 ROCKFORD RD
MINNEAPOLIS, MN 55446
14020 23RD AVE N
MINNEAPOLIS, MN 55447
15600 34TH AVE N
MINNEAPOLIS, MN 55447
753700 3.0 E
SINGLE 0-9
753800 3.3 SE
SINGLE 0-9
753800 3.0 E
SINGLE 0-9
753800 3.3 SE
SINGLE 0-9
753800 1.8 SE
SINGLE 0-9
753700 3.0 SE
SINGLE 0-9
753800 3.4 NE
SINGLE 100-499
753800 2.9 E
SINGLE 10-19
753800 2.2 W
SINGLE 0-9
753700 1.3 S
SINGLE 0-9
753700 0.8 W
BRANCH 0-9
* IN DIRECTION COLUMN MEANS MATCHED TO ZIP CODE CENTROID GI: 100
Tue`Mar 11, 1997 Page 1
BUSINESS -FACTS: LOCATION DIRECTORY
BY EQUIFAX NATIONAL DECISION SYSTEMS 800-866-6511
Tagged Trade Area - AUTO BODY REPAIR
PLYMOUTH CITY
COORD:
45:01.40
93:27.76
------------------------------------------------------------------------
BUSINESS NAME
ADDRESS
SIC
DIST/DIR
INDUSTRY
CITY
TYPE
SIZE
------------------------------------------------------------------------
ABRA AUTO BODY & GLASS
11040 HIGHWAY 55
753200
3.2 SE
AUTO BODY REPAIR
MINNEAPOLIS, MN 55441
BRANCH
0-9
AUTO BODY SPECIALISTS
AUTO BODY REPAIR
2 WITHIN AREA
14070 23RD AVE N
MINNEAPOLIS, MN 55447
753200 1.3 S
SINGLE 0-9
* IN DIRECTION COLUMN MEANS MATCHED TO ZIP CODE CENTROID GI: 100
Tue Mar 11, 1997 Page 1
BUSINESS -FACTS: LOCATION DIRECTORY
BY EQUIFAX NATIONAL DECISION SYSTEMS 800-866-6511
Tagged Trade Area - AUTO PARTS/SUPPLY
PLYMOUTH CITY
COORD:
45:01.40
93:27.76
------------------------------------------------------------------------
BUSINESS NAME
ADDRESS
SIC
DIST/DIR
INDUSTRY
CITY
TYPE
SIZE
------------------------------------------------------------------------
ACCENT APPEARANCE PRODUCTS
12833 INDUSTRIAL PARK
BLV 553100
1.7 SE
AUTO, HOME SUPS STR
MINNEAPOLIS, MN 55441
SINGLE
0-9
BIG WHEEL ROSSI
3900 VINEWOOD LN N #12
553100
0.6 E
AUTO, HOME SUPS STR
MINNEAPOLIS, MN 55441
SINGLE
10-19
RITEWAY MOTOR PARTS INC
11130 HIGHWAY 55
553100
3.1 SE
AUTO, HOME SUPS STR
MINNEAPOLIS, MN 55441
SINGLE
0-9
3 WITHIN AREA
* IN DIRECTION COLUMN MEANS MATCHED TO ZIP CODE CENTROID GI: 100
Tue`Mar 11, 1997 Page 1
BUSINESS -FACTS: LOCATION DIRECTORY
BY EQUIFAX NATIONAL DECISION SYSTEMS 800-866-6511
Tagged Trade Area - AUTO EXHAUST
PLYMOUTH CITY
------------------------------------------------------------------------
COORD:
45:01.40
93:27.76
BUSINESS NAME
ADDRESS
SIC
DIST/DIR
INDUSTRY
------------------------------------------------------------------------
CITY
TYPE
SIZE
ALFA MUFFLER & BRAKE
15600 34TH AVE N
753300
0.8 W
AUTO EXHAUST SYS RP
MINNEAPOLIS, MN 55447
SINGLE
0-9
1 WITHIN AREA
* IN DIRECTION COLUMN MEANS MATCHED TO ZIP CODE CENTROID GI: 100
Tue`Mar 11, 1997
BUSINESS -FACTS: LOCATION DIRECTORY
BY EQUIFAX NATIONAL DECISION SYSTEMS 800-866-6511
Tagged Trade Area - OIL/LUBRICATION
Page 1
PLYMOUTH CITY
------------------------------------------------------------------------
COORD:
45:01.40
93:27.76
BUSINESS NAME
ADDRESS
SIC
DIST/DIR
INDUSTRY
----------------------=-------------------------------------------------
CITY
TYPE
SIZE
VALVOLINE RAPID OIL CHANGE
11050 HIGHWAY 55
754904
3.2 SE
OIL &LUBRICATION SERVICE
MINNEAPOLIS, MN 55441
SINGLE
10-19
AMSOIL SALES SVC & DEALERSHIPS 15510 2ND AVE N
OIL &LUBRICATION SERVICE MINNEAPOLIS, MN 55447
2 WITHIN AREA
754904 3.0 S
BRANCH 0-9
* IN DIRECTION COLUMN MEANS MATCHED TO ZIP CODE CENTROID GI: 100
Tue Mar 11, 1997
BUSINESS -FACTS: LOCATION DIRECTORY
BY EQUIFAX NATIONAL DECISION SYSTEMS 800-866-6511
Page 1
4 WITHIN AREA
* IN DIRECTION COLUMN MEANS MATCHED TO ZIP CODE CENTROID GI: 75
Tagged Trade Area - RETAIL
TIRE DEALERS
PLYMOUTH CITY
------------------------------------------------------------------------
COORD:
45:01.40
93:27.76
BUSINESS NAME
ADDRESS
SIC
DIST/DIR
INDUSTRY
------------------------------------------------------------------------
CITY
TYPE
SIZE
FIRESTONE STORES
13895 INDUSTRIAL PARK
BLV 553199
1.6 SE
AUTOMOTIVE TIRES
MINNEAPOLIS, MN 55441
BRANCH
0-9
R G WHOLESALE TIRE CO
9909 S SHORE DR
553199
3.4 SE
AUTOMOTIVE TIRES
MINNEAPOLIS, MN 55441
SINGLE
0-9
PLYMOUTH TIRE & AUTO CTR
2995 HARBOR LN N
553199
0.7 S*
AUTOMOTIVE TIRES
MINNEAPOLIS, MN 55447
SINGLE
10-19
TIRES PLUS
14350 28TH PL N
553199
0.8 S
AUTOMOTIVE TIRES
MINNEAPOLIS, MN 55447
SINGLE
10-19
4 WITHIN AREA
* IN DIRECTION COLUMN MEANS MATCHED TO ZIP CODE CENTROID GI: 75
r
L
March 20,1997 CITY C
PLYMOUTH+
Michael Smith
4880 Saratoga Lane
Plymouth, MN 55442
Dear Michael:
Mayor Tierney has forwarded your letter of March 9 to me for review and comment. I am very pleased to
tell you that both the City Council and Hennepin Parks have approved the master plan for a regional trail
along the east and south end of Medicine lake. At the time of writing this letter, the consultants are busily
putting together the plans and specifications for the development of this trail. I do not have any blueprints
at this time that I can send to you. However, I have enclosed a copy of the master plan with the basic
information of what the trail will look like for your information. The trail will be a paved trail that will allow for
roller skating, walking, biking and for most of the way, it will be 12 feet wide. We anticipate that
construction of the trail will begin sometime in late July or early August.
Thank you for your interest in this matter. If I may be of further assistance, please do not hesitate to give
me a call.
Sincerely,
Eric J. Blank, Director
Parks and Recreation
EB/np
cc: City Manager
PLYMOUTH :1 'Beau tijul -Place 'Io Live
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (612) 509-5000
March 9, 1997 - r2
Mayor Joy Tierney
Plymouth City Center
3400 Plymouth Boulevard �- Ci
Plymouth, MN 55447 ;r
s•
5
Dear Mayor Joy Tierney,
Today I read in the Sunsailor Newspaper about the Plans for the regional trail around East
Medicine Lake.
I think that making new trails around Plymouth is a great idea. People can bike on them
hike or jog. It's a great way to get out and do something. I think you should carry out
the plan as soon as you can. Are you going to make the trails this summer?
Could you please send me a copy of the blue prints of what the trail is going to look like?
How many miles of trail are you going to add. Is the trail going to be paved? If it isn't, I
think that it should be, because roller skaters couldn't skate on it if it wasn't paved.
Sincerely,
Michael Smith
4880 Saratoga Ln. N.
Plymouth, MN 55442
March 17, 1997
Liz and Paul Schupanitz
4600 Trenton Circle
Plymouth, MN 55442
Dear Mr. and Mrs. Schupanitz:
CI1Y OF
PLYMOUTR
Mayor Joy Tierney requested that I respond to your written comments on the proposed
Gramercy Park development. A copy of your letter to Mayor Tierney was distributed
to the members of the Planning Commission and City Council.
As you are aware, the Planning Commission recommend denial of the Gramercy Park
application on March 11, 1997. This item is tentatively scheduled for the April 2, 1997
City Council agenda. Please feel free to call the Community Development Department
after March 24, 1997 to confirm this date. The phone number for Community
Development is 509-5400.
Thank you for taking the time to provide written comments.
Sincerely,
Anne Hurlburt
Community Development Director
cc: C/R, file (97-19)
PLYMOUTH A Beaut -ufPface T,7
3400 PLY%--- ;TH SOU—=-' RD • PLYMOUTH, MINNESOTA 55447-1-482 • TELEPHONE (612) 509-5000
Liz & Paul Schupanitz L —5 e_
4600 Trenton Circle Plymouth, MN 55442 612-557-9356
March 10, 1997
Joy Tierney, Mayor
Members of the City Council
Members of the Planning Commission
BY FAX
Dear Representatives of the City of Plymouth,
We are writing you to express our viewpoint on the proposed Gramercy Park development. We
live along the northwest corner of the site., next to the park path.
While we in no way oppose tite idea of a senior citizen housing on the site, we strongly urge
you to reject the current. proposal.
Being new to the city in 1987, we got all the information we could about future development
behind our now home. We visited City Hall several times, asked questions and got plans. It
was with this information we made our decision to build in Plymouth. Over the years the city
has been vigilant in adhering to those plans. The fact that the planning department staff would
approve the current plan has Shaken our faith in the city's interest in looking out for its 667.ens.
This plan varies from the original one in many important ways:
The cite has shrunk. Wetland restrictions of today would not allow the original proposal to he
built as presented. Additional wetlands have been delineated on the site and the building is
being sited on them forcing mitigation. Current surface water management practices call for
ponds that weren't required then.
The building has grown. The building is bigger than the original PUD had shown. The individ-
ual units are much larger than a traditional apartment building -1,047 sq. ft, on average.
Ten pounds in a fiveupo nd bag, The shoe -horning being done on the site is apparent.
The entire natural vegetation buffer on the northwest corner of the site will he obliterated.
There is nowhere left for the developer to provide screening on site, so he is attempting to pay
compensation to some of the the affected homeowners.
A worst-case scenario. In the report the wetland mitigation being proposed o» lite northwest
corner of the site is referred to as a "worst case scenario", Tltcre seems to be an implication
that something more desirable will probably happen—this is not the case! The developer wants
bIUHUKHN1 1 C ILL - l-n11"1aI 1 V I V ( LJ • 11 114 . VVl r . VL
approval now, based only on this plan. The "worst case" is the only scenario being; presented.
And it definitely deserves this title.
Many other factors ate at issue here, but one is paramount, Citizens must be able to count on
the city for information in making one of the biggest decisions in their lives, namely in buying;
a home. The city is continuously frustrated when homeowners complain about something being
built behind them that they didn't know about.. Well we knew about what was planned behind
us, and it wasn't this!
A loophole for the developer, a mine -field for citizens. The recent change in zoning ordinance
only makes this matter more complicated. The recommendation by the Planning Department
brings up many issues that it never resolves. The Council and Planning Commission both have
a lot of discretion in regards to the requests being made. We would like to see our representa-
tives in city government interested in resolving these issues. We have constantly been reminded
about the developer's rights. The developer has the right to "reasonable duvclopntcttt" of the
site—worse case is NOT reasonable in Plymouth, We don't have the resouives the developer
does, therefore we must rely on yQg to safeguard our interests.
Where is the compromise? The site shrinks. the building grows, it gets closer and the transition
between our homes and this building is the only thing that is truly compromised. We would
like to sec the size of the building reduced. A reduction sizable enough to avoid the destruction
of the northwest part of the site. This was never even considered by staff. Can you consider it?
The developer is asking for many changes: guiding, zoning, site plan amendment and variance[;.
He is justifying, this in part, and the staff compares throughout their report, the plan's similarity
to the original. You ,should only grant these requests if everyone is assured that the intent and
restrictions of the original plan are adhered to.
Please consider these issues and others that will be discussed at the upcoming meetings and
uphold what we consider to be Plymouth's fine reputation for doing right by its citizens.
Thank you for your consideration.
Sincerely,
Liz & Paul Schupanitz
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March 18, 1997
Jim Howard, EPLIA Treasurer
1535 Juneau Lane
Plymouth, MN 55447
Dear Jim:
CITY OF
PLYMOUTFF
� - ca
On behalf of the Park and Recreation Department, I want to thank you for
your generous donation of $100 for trees and shrubbery around the log
cabin restoration site at Parkers Lake.
This is truly a wonderful gesture on the part of the East Parkers Lake
Improvement Association, and the City is very grateful for your
contribution.
Thank you, again.
Sincerely,
& 6e"'!f
Eric J. Blank, Director
Parks and Recreation
EB/np
cc: City Manager
PRAC
City Forester
Superintendent of Parks
PLYMOUTH :1 Beau ti fuCPlace ?o Live
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (612) 509-5000
®� GMDCA.
Child Care Leadership and Services
March 18,1997.
Mayor Joy Tierney and Council Members
City of Plymouth
3400 Plymouth Blvd.
Plymouth,MN 55447
Dear Mayor Tierney and Council Members,
GREATER MINNEAPOLIS
DAY CARE ASSOCIATION
1628 Elliot Avenue South
Minneapolis, MN 55404-1657
Tel. (612) 341-1177
Fax(612)341-4356
Voice/TDD (612) 341-2066
Belatedly,I want to thank you very much for again
supporting the child care subsidy program for
Plymouth residents. Your assistance is crucial for
Plymouth families on the waiting list. With your
aid,they get help several months before their names
come up on the Hennepin County list.
I am enclosing this current fact sheet about child care
in Hennepin County. I thought you might be interested in
the statistics for the support services that GMDCA offers
parents and child care providers throughout the county.
Thank you again for helping some Plymouth families
move toward self-sufficiency. I am sure they appreciate
it. Please call if I can get any information for you.
Sincerely,
Grace Norris
Community Liaison
PUBLIC EDUCATION AND ADVOCACY
REFERRALS • CAREGIVER TRAINING • FEE SUBSIDIES
z - (G 6
CHILD CARE IN HENNEPIN COUNTY
CHILD CARE RESOURCE & REFERRAL SERVICES
Two agencies — the Greater Minneapolis Day Care Association and the Early Childhood
Resource Center — jointly serve the needs of parents and providers in Hennepin County.
As a part of the statewide network of child care resource and referral agencies, GMDCA
and ECRC provide information and resources to parents and child care providers helping
both groups to navigate the complexities of the child care system.
Supporting Parents
In 1996, these organizations:
• Provided referral services to 7,657 families of which 1,304 were low-income. 1,480
were served through employer contracts.
• Administered $3,505,808 in child care fee subsidies to assist 994 families with child
care costs for 1,600 children.
• Counseled 1,436 families about resources for financial assistance. Most of these
families were placed on the waiting list for the Basic Sliding Fee Program. Currently,
2,500 families are on the waiting list in Hennepin County.
Building the Supply of Quality Child Care
GMDCA and ECRC work to improve the quality of existing child care and recruit new
providers to meet the needs of Hennepin County families. In 1996, GMDCA and ECRC:
• Assisted 16 family child care providers and 28 school age programs in moving towards
accreditation.
• Distributed $26,734 in mini -grants to 96 providers.
• Provided 190 workshops to more than 3,100 providers to meet annual licensing
requirements.
• Trained 22 students through ECRC's Impact Stage II, a training program designed to
increase the number of people of color qualified and credentialed as teachers and
assistant teachers in Minneapolis.
• Initiated a collaborative effort between GMDCA and the Centre for Asian and Pacific
Islanders links the Asian community to quality child care.
• Began GMDCA's Near North Initiative to develop and coordinate family child care
providers on the Near North side of Minneapolis.
Planning for a More Effective Child Care System
GMDCA and ECRC collaboratively maintain a database listing the 3,500 licensed child
care providers in Hennepin County. Each agency uses this data to continually assess the
supply and demand for child care in Hennepin County's neighborhoods and cities.
GMDCA's biannual report on child care trends in the county and current analysis of the
impact of welfare reform on child care are examples of how this information can be used
to guide planning for Hennepin County families.
' • GMDCA.-
Child Care Leadership and Services
March 21, 1997
Senator Martha Robertson
Senator Warren Limmer
Senator Gen Olson
Representative Ron Abrams
Representative Todd Van Dellen
Representative Peggy Leppik
Representative Rich Stanek
Dear Plymouth Legislators:
The Plymouth City Council discussed various property tax reform proposals at their meeting
Wednesday evening. A common theme in many of the proposals is a limit on local levies of
one kind or another.
The City Council voted to express its opposition to the concept of levy limits. During the
review and discussion of the issue, several items were noted:
• Plymouth has its own charter amendment proposed for voter approval which would require
a supermajority vote for a tax rate increase. We have the ability to limit ourselves if the
voters wish to do so.
• Some of the levy limit proposals do not provide for growth in the community. Plymouth is
currently averaging more than 3 % growth per year.
• A state levy limit does not allow for the occasional instances where spending some money
upfront may save tax dollars in the future. An example appropriate at the current time is
providing for emergency repair of streets before the sub -base deteriorates.
• Past history of levy limits indicates they tend to become a floor, not a ceiling, since cities
do not wish to lose the right to levy the maximum, even if the maximum increase is not
needed in any given year.
• Finally, the whole concept of a statewide levy limit usurps the role of local elected
officials. The average Plymouth household is paying no more in actual taxes to the City
than it did in 1993, even after allowing for over 18% appreciation in the average home in
that time.
PLYMOUTH A Beau4U(Place To Live
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (612) 509-5000
City of Plymouth
March 21, 1997
Page 2
The City understands the need for overall property tax reform, and that many of the reform
proposals have features that will benefit Plymouth residents. We ask that you consider deleting
levy limit requirements from whatever bill emerges. If levy limits are included in final
legislation, we would ask that a full growth factor be allowed and that the City not have its
future maximum potential levy reduced if the full amount of levy is not needed in any year.
Please feel free to call me at 509-5051 or any member of the City Council with any questions
you may have about our views. Thank you for your time and consideration.
Sincerely,
Dwight D. Johnson
City Manager
MAR 21 '97 01:00PM LEAGUE OF MN CITIES
P.1
AC L T-- 7
ow opow��FRIDAYF
��1/� �_ Vol. 2, No. 11
�r .. Aws
A weekly legislative update from the League of Minnesota Cities March 21.1997
Committee approves ROW bill
Next stop: Local Government Committee
The House Regulated Indus-
tries Committee approved a
delete -all amendment to H.F. 322,
the Jennings bill to clarify the right-
of-way management authority of
House Local Government &
Metropolitan Affairs
Committee
Ann Rest (Chair)
296-4176
Joe Opatz (Vice)
296.6612
Satveer Chaudhary
296-4331
Steve Dehler
296-7808
Edwina Garcia
296-5375
Kevin Knight
296-4218
Luanne Koskinen
296-4231
Ron Kraus
296-6218
Phil Krinkie
296-2907
Bill Kuisle
296-4378
Mark Mahon
296-7158
Sharon Marko
296-3135
Carol Molnau
296.8872
Richard Mulder
296-4336
Edgar Olson
296-4265
Myron Or field
296-9281
Erik Paulsen
296.7449
Leslie Schumacher
296-5377
Gail Skate
296-5516
Rich Stanek
296-5502
Eileen Tompkins
296-5506
Steve Wenzei
295-4247
cities. The amendment was a
compromise between the industry
and cities, but the amendment
clearly establishes city authority to
manage the rights-of-way and
recover costs. City authority to be
compensated for asset value, or
rental, is not explicitly contained in
the amendment.
The bill now goes to the House
Local Government Committee,
and will likely be heard on Monday,
March 24 immediately after the
2:30 House floor session in Room
300N. City officials should contact
members of the Local Govern-
ment Committee to express
support for the general concepts
embodied in the revised H.F. 322.
The Senate Jobs, Energy and
Community Development commit-
tee will probably not consider the
companion bill until sometime
after the March 26 first committee
deadline, but before the Wednes-
day, April 9 deadline.
Tax reform momentum continues to grow
With the Thursday introduction
of two more bills, tax reform
appears to be gaining momentum
in the 1997 legislature. Whether
tax reform will actually be enacted
is still the unanswered question.
The state's unexpected budget
surplus probably increases the
liklihood that some version of
reform will occur. However, many
legislators are skittish that reform
could result in some unintended
consequences like shifting large
amounts of property taxes to
homeowners
In the end, reform may be
nothing more than tinkering. One
recurring theme in both chambers
is the shopworn idea of levy limits.
Please be sure your legislators
know that levy limits are bad public
policy. Point to the costs of the
severe winter as reasons why
cities must have the flexibility to
meet unanticipated costs and
public demands.
No TIF moratorium,
but aid could be held
The House Economic Devel-
opment Committee approved H.F.
1192 (Leighton, DFL -Austin) on
Thursday, but only after removing
the proposed moratorium on TIF.
Instead, the bill would set a March
1 deadline for government agen-
cies to report job and wage goals/
results to the Department of Trade
and Economic Development.
Failure to report by May 1 would
result in a withholding of all LGA
and HACA until the report is filed.
The bill has been re-referred to
the Taxes Committee. Please
contact your legislators and tell
them that this penalty is heavy-
handed, unnecessary and an
unacceptable method of encour-
aging timely reporting.
House Taxes Committee
Dee Long (chair)
296-0171
Thomas Bakk (vice)
296-2190
Ron Abrams
296-9934
Iry Anderson
296-4936
Phil Carruthers
296-3709
Tim Commers
296-3533
Roxann Daggett
296-4293
Andy Dawkins
296-5158
Ron Erhardt
295-4363
Edwina Garcia
296-5375
Elaine Harder
296-5373
Kris Hasskamp
296-4333
Alice Johnson
296-5510
Ron Kraus
296-8216
Bill Macklin
296-6926
Dan McElroy
296-4212
Bob Milbert
296-4192
Edgar Olson
298-4265
Myron Orfiield
296-9281
Dennis Ozment
298-4306
Ann Rest
298-4176
Marty Seifert
296-5374
Gail Skate
298-5516
Todd Van Dellen
296.5511
Ted Winter
296-5505
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447
DATE: March 21, 1997
TO: Plymouth City Council Members
FROM: Mayor Joy Tierney
SUBJECT: F.Y.I. - Briefing Papers handed out by the League
of Minnesota Cities at the Legislative Conference
yesterday.
The League of Minnesota Cities' briefing papers address the
issues of most importance to cities. I thought you might be
interested in them as they provide a quick guide to the League's
position as well as the particular bills, the names of the
legislative sponsors and the status of the bills.
Of particular note at the Conference was Rep. Ann Rest's comment
that there is.an, "excellent chance of getting property tax
reform." The goals she supports are fairness, simplification
(4 classification rates), increased accountability and more
tax relief to taxpayers. She did not understand the "suspicion
of local governmens being competent in handling their budget."
This was said in regard to her opposition to levy limits as
proposed by some legislators.
M"'
League o`l%finnesota Cities
06" promoting ezc /""
145 University Avenue West, St. Paul, MN 55103-2044
Phone: (612) 281-1200 - (800) 925-1122
Fax: (612) 281-1299 - TDD (612) 281-1290
Electric Utility Restructuring
Briefing Paper
Issue synopsis/League position: Policy makers at the state and federal levels are considering
ways to bring competition into the electric utility industry. In preparation for a competitive
environment, the state's investor owned utilities are seeking an exemption from the personal
property tax and have proposed a meter tax as a mechanism to replace revenues lost by local
units of government. The League's position on restructuring is that is cautious, deliberative
approach is necessary to ensure that all consumers benefit. A working group of city officials has
developed a set of "Principles for Guiding Electric Utility Restructuring in Minnesota." The
League opposes current proposals for exempting investor owned utilities from the personal
property tax. The League Board adopted a policy on "Electric Utility Taxation" on February 20,
1997.
Messages for legislators: On the overall restructuring issue, ask lawmakers to take into
consideration the actual impact on rates, to ensure equitable benefits for all consumers, to protect
low-income individuals and the elderly, to protect the environment and ensure that we continue
to invest in renewable energy sources, to ensure that safe and uninterrupted service is provided,
to ensure that cities retain the ability to manage and receive compensation for the use of public
rights-of-way, to support municipalization or municipal aggregation efforts, and to involve local
officials and consumers in the decision-making process. On the personal property tax exemption
for investor-owned utilities, ask lawmakers to oppose the current investor owned utilities'
proposal.
Pending bills/status:
H.F. 628/H.F.1119, introduced by Rep. Dan McElroy (DFL -Burnsville) and Senator Steve
Kelley (DFL -Hopkins) and referred to the House Regulated Industries and Energy committee
and the Senate Jobs, Energy, Community Development committee, would allow cities to
purchase electricity from any electric utility providing service in an assigned service area which
is located wholly or partially within the city.
H.F. 1298/S.F. 1268, introduced by Rep. Loren Jennings (DFL -Rush City) and Senator Steve
Novak (DFL -New Brighton) and referred to the House Regulated Industries and Energy
committee and the Senate Jobs, Energy and Community Development committee, would
authorize utilities to elect to charge a personal property tax replacement fee instead of including
-over-
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
their ad valorem personal property taxes in their electric rates. The bill would also provide an
exemption from the personal property tax for tools, implements, and machinery which are part of
an electric generating system and initially assessed after January -2, 1997. This bill was heard on
Tuesday, March 18 and will be further debated before it is voted on, Thursday, March 20 at
12:30 p.m.
H.F. 1299, introduced by Rep Loren Jennings (DFL -Rush City) and referred to the House
Regulated Industries and Energy committee, would rename the "electric energy task force" the
"legislative commission on utility competition" and reorganize its membership. By February 15,
1998, the commission would present recommendations to the legislature regarding whether and
how to proceed in restructuring the electric industry. The bill was heard, passed with minor
amendments, and re-referred to the Environment and Natural Resources committee on Tuesday,
March 18.
H.F. 1464, introduced by Rep. Al Juhnke (DFL- Willmar) and referred to the Regulated
Industries and Energy committee, would authorize municipal utilities and rural electric
cooperatives to form joint ventures for the provision of utility services.
H.F. 1525, introduced by Rep. Loren Jennings (DFL -Rush City) and referred to the Regulated
Industries and Energy committee, would require electric utilities entering into customer -specific
rates, terms, or service conditions contracts to file for approval with the Public Utilities
Commission. Discretionary rate reductions for tariffed electric services to eligible customers
would be permitted, subject to Commission approval.
S.F. 1344, introduced by Senator Kenric Scheevel (R -Preston) and referred to the Jobs, Energy,
and Community Development committee, would require the Department of Public Service to
study retail wheeling and electric utility restructuring and report to the legislature by February 1,
1998. The study would be funded by assessments to the state's electric utilities, not to exceed at
total of $100,000. The bill would also require the Public Utilities Commission to establish
procedures to review and approve tariffs for rates that would foster economic development and
retain existing industrial companies, applicable until 2002..
S.F. 1348, introduced by Senator Mark Ourada (R -Buffalo) and referred to the Jobs, Energy. and
Community Development committee, would require electric utilities to submit plans to
restructure themselves into three separate entities (providing generation, transmission, or
distribution services) by January 1, 1999 with Public Utilities Commission approval or
modification by December 31, 1999, require a retail wheeling study by the Department of Public
Service and report to the legislature by December 1, 1998, require the Public Utilities
Commission to establish a retail wheeling pilot program conducted from October 1, 1997 to
September 30, 1998 and report to the legislature by December 1, 1998, and mandate retail
wheeling for all Minnesota customers by January 1, 2001.
Prepared by: Andrea Atherton
I
L M/C
145 University Avenue West, St. Paul, MN 55103-2044
League of Minnesota Cities Phone: (612) 281-1200 - (800) 925-1122
Cities Promotingewelenee Fax: (612) 281-1299 - TDD (612) 281-1290
FDA Tobacco Regulation Summary
Briefing Paper
1. What are the FDA tobacco regulations?
The FDA tobacco regulations were adopted in the August 28, 1996 Federal Register and signed
into law in October 1996. They are an attempt by the Food and Drug Administration to reduce
youth access to, and use of, cigarettes, cigarette tobacco, and smokeless tobacco by establishing
tight restrictions on the promotion and sale of such products. The FDA adopted the regulations
pursuant to its powers under the Federal Food, Drug, and Cosmetic Act. At the current time, the
regulations do not extend to other tobacco products or related devices such as cigars, pipes, and
lighters.
2. What do the FDA regulations require/prohibit, and when do the regulations take effect?
With regard to cigarettes, cigarette tobacco, and smokeless tobacco, the following regulations
have been adopted:
Effective February 28, 1997:
- Prohibit sales to anyone under the age of 18;
- Require photographic identification as proof of age for any one 26 years of age or
under.
Effective August 28. 1997:
- Ban on free samples and the sale of individual cigarettes or packs of fewer than 20;
- Ban on vending machines and self-service displays, except for limited types of
establishments where persons under the age of 18 are at all times prohibited from
entering the establishment;
- Ban on outdoor advertising (including windows) within 1,000 feet of schools and
publicly owned playgrounds;
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AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
- Only black -and -white text advertising allowed for most other advertising, including all
point-of-sale advertising;
- Ban on the sale or giveaway of promotional materials such as caps and gym bags
containing product brand names or logos for cigarettes or smokeless tobacco;
- Tighter labeling restrictions.
Effective August 28. 1998
- Ban on sponsorship of any sporting or other event, team, or other entry, if the
sponsorship identifies a specific tobacco brand (includes ban on symbols, etc. associated
with a particular brand name. Corporate name sponsorship is allowed.).
3. Who is responsible for enforcement and compliance?
The FDA regulations impose the burden of compliance on the manufacturers, distributors, and
retailers. Each manufacturer will be responsible for removing non -complying self-service
displays, advertising, labeling, and other non -conforming items owned by that manufacturer.
Retailers are also responsible for removing non -complying items from their stores, and are
additionally responsible for verifying the age of customers, refusing sales to anyone under 18,
and allowing sales only in the form of a face-to-face transaction where there is an actual
exchange of the cigarettes or tobacco between the clerk and the customer.
Only authorized agents of the FDA have the authority to seek the imposition of a penalty for
violation of the FDA regulations. The FDA is currently seeking to deputize select State
Attorneys General for enforcement assistance, and may seek additional deputies as needed.
Local law enforcement officials may continue to enforce local ordinances and in addition are
encouraged to notify the FDA of suspected violations of the FDA regulations. Such officers,
however, cannot directly issue a citation for violation of the FDA regulations.
4. What is the penalty for violation of the FDA regulations and on whom can it be
imposed?
The general penalty under the FDA tobacco regulation will be a civil fine of $250. However,
seizure of unlawful items, injunctions, restraining orders, additional fines, and possible
imprisonment are also potential penalties. Penalties may be imposed upon any person convicted
of violating the regulations. Employers can be held liable for the actions of their employees.
Penalties under the FDA regulations may be imposed in addition to any penalty imposed for
violation of a local regulation.
5. What is the impact of the FDA regulations on local ordinances?
The FDA has made it clear that they want to encourage local units of government to continue to
adopt and enforce local regulations that have the effect of furthering the prevention of youth
access to cigarettes and tobacco. However, under the provisions of the Federal Act authorizing
the regulations, any provision of a local regulation that regulates in a different manner any matter
covered by the FDA regulation is preempted. Provisions that are identical or substantially
similar to the language contained in the FDA regulations are not preempted, nor are provisions
governing issues not directly addressed in the FDA regulations.
Examples of preempted ordinance provisions include complete bans on vending machines and
self-service restrictions that are not a complete ban on such transactions. On the other hand,
general licensing requirements are not preempted as the FDA regulations are silent on the issue
of licensure. Further, an ordinance provision prohibiting the sale of cigarettes to anyone under
the age of 18 would not be preempted as such a provision mirrors the FDA requirement. Penalty
provisions are also specifically exempt from preemption.
A waiver process has been established to allow local regulations that are more restrictive than the
FDA regulations, or for which the local unit of government can demonstrate a compelling need
based on the unique circumstances of that particular entity. The League is working with
representatives of the Minnesota Attorney General's office and the Minnesota Department of
Health to develop a coordinated waiver application process for cities with ordinances containing
preempted language. A preemption review guide and model waiver application form will be
made available to cities by late March or early April. May 6, 1997 has been set as the deadline
for priority review of waiver applications and it is hoped that a coordinated application on behalf
of at least a majority of cities in need of a waiver can be submitted by that date.
6. Isn't there a pending lawsuit over the FDA tobacco regulations?
Coyne Beahm, Inc. et al. V. United States Food & Drug Administration and David Kessler was
filed in Greensboro, North Carolina seeking an injunction against the regulations as well as a
finding the FDA lacks authority to regulate tobacco, and that the regulations as adopted are
unconstitutional. A hearing was held on February 10 seeking a preliminary injunction blocking
enforcement of the requirements but no immediate order was granted. At least a preliminary
ruling is expected in April. Even if the regulations were to be enjoined or held unconstitutional
in North Carolina, which is in the fourth federal judicial district, the FDA may elect to continue
enforcement in other districts such as Minnesota, which is in the 8th federal judicial district, until
such time as a Supreme Court ruling is issued or further successful challenges are made in other
judicial districts.
-over-
It
7. What sources of information are available?
As it becomes available, updated information will be placed in the League Bulletin. Information
may also be obtained by calling the FDA hotline number, 1-888-FDA-4KIDS (1-888-332-4543).
In addition, the Tobacco Control Resource Center at Northeastern School of Law in Boston has
established the "FDA Exemption Clearinghouse" to assist cities with the preemption waiver
process. Clearinghouse information can be obtained by calling Bob Kline at 1 -888 -FDA -
EXEMPT (1-888-332-3936).
Web sites on the Internet that contain helpful information, including downloadable copies of the
actual FDA regulations include the following:
www.fda.gov
www.tobacco.neu.edu (Clearinghouse homepage)
www.ash.org
www.tobacco.org
As always, cities may contact the League directly with any questions about this issue. The
contact person for questions about tobacco issues and the FDA regulations is Kent Sulem, LMC
Codification Attorney, at (612) 281-1245.
Prepapred by: Kent Sulem
M/C
145 University Avenue West, St. Paul, MN 55103-2044
League of Minnesota Cities Phone: (612) 281-1200 - (800) 925-1122
Cities promoting excellence Fax: (612) 281-1299 - TDD (612) 281-1290
Property Tax Reform
Briefing Paper
Issue synopsis/League position: Again in 1997, property tax reform has become a major
legislative focus. During last year's legislative elections, many candidates committed to property
tax reform. With the February announcement that the state's budget outlook is very optimistic
and that money for reform could be available, the chances for property tax reform are certainly
more likely. However, with 201 legislators talking about reform, there are at least that many
variation of what reform ought to be.
Generally, the property tax reform proposals that have been introduced to date contain four major
elements: 1) class rate compression; 2) additional state funding for schools; 3) cuts in state LGA
and HACA to cities and counties; and 4) new or expanded state taxes. In addition, legislators
have introduced many modest proposals to reduce certain property class rates or otherwise
modify the property tax system. To date, there have been 68 property tax related bills introduced
in the House and 59 introduced in the Senate.
Messages for Legislators:
With property taxes a growing concern in many communities, reform must not increase the
overall reliance of the state and local units of government on the property tax. If the system must
be reformed, city officials want true reform that will guarantee long-term stability for local
government finances. City officials believe that levy limits, property tax freezes, and state aid
cuts are not reforms and these measures will only delay true, long-term tax reform.
City officials support class rate compression where the property tax has created a demonstrated
problem for a class of property and where property tax modifications'are an appropriate policy
response. We support additional state funding for K-12 education as long as it permanently
reduces the education reliance on the property tax.
We oppose market value levy provisions, levy limits, a property tax freeze and cuts in LGA and
HACA.
Pending Major Bills/Status:
For a summary of the major bills, please refer to the attached side-by-side table. To date, the
House has held informational hearings on several of the major reform proposals. The Senate
Property Tax Subcommittee has begun background hearings on various components of property
tax reform. Neither body has yet held substantive hearings on any of the major reform proposals.
rover
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
House Bills
H.F. 639 (Rest; Macklin; Anderson, I.; Goodno and Greiling) has received its initial hearing in
the House Tax Committee but no vote was taken.
H.F. 978 (Goodno, Pelowski, Garcia, Weaver and Kraus) received its initial hearing in the House
Tax Committee but no vote was taken.
H.F. 1103 (Van Dellen and Paulsen) has not yet received a hearing.
H.F. 1253 (McElroy and Long) has not yet received a hearing.
H.F. 1292 (Dawkins, Long, Macklin and Olson, E.) Received its initial hearing in the House Tax
Committee but no vote was taken.
H.F. 1442 (Pelowski) has not yet received a hearing.
H.F. 1617 (Macklin, Long, Koppendrayer, Kelso and Abrams) has not yet received a hearing.
H. F. 1643 (Bishop) has not yet received a hearing.
Senate Bills
S.F. 763 (Messrs. Sams; Johnson, D.J.; Johnson, D.E. and Mrs. Scheid) is the companion to
H.F. 978 (Goodno). The bill has not yet received a hearing.
S.F. 821 (Messrs. Hottinger; Johnson, D.J.; Ms. Pappas, Mr. Murphy and Mrs. Scheid) is the
companion to H.F. 639 (Rest). The bill has not yet received a hearing.
S.F. 1057 (Messrs. Belanger and Johnson, D.J.) is the companion to H.F. 1253 (McElroy).
The bill has not yet received a hearing.
S.F. 1100 (Messrs. Novak and Johnson, D.J.) Has not yet received a hearing. This bill is the
companion to H.F. 1292 (Dawkins).
S.F. 1176 (Mr. Johnson, D.H.) Has not yet received a hearing. This bill is similar to the
property tax freeze bills offered by various Senators in 1995 and 1996.
S.F. 1364 (Messrs. Hottinger; Johnson, D.J. and Ms. Pappas) has not yet received a hearing.
This bill is identical to H.F. 1442 (Pelowski).
prepared by: Gary Carlson
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145 University Avenue West, St. Paul, SIN 55103-2044
Leagueo%MinnesotaGHes Phone: (612) 281-1200 • (800) 925-1122
Cities promoting excellence Fax: (612) 281-1299 • TDD (612) 281-1290
Tax Increment Financing
Briefing Paper
Issue synopsis/League position: The use of tax increment financing (TIF) is once again being
criticized by lawmakers and others at the state level. Various circumstances have combined to
bring the TIF issue to the forefront in the 1997 legislative session. These include: (1) the
increasingly -touted TIF impact on the state's general fund due to education finance formulas and
a denial of the but -for test's validity, (2) the Legislative Auditor's March 1996 Report criticizing
the use of pre -1990 increments for "general public improvements," and (3) the Office of the State
Auditor's concerns discovered in their first year of oversight responsibilities, largely in the form
of differences of opinion with practitioners as to how various areas of the law should be
interpreted. The League supports increased flexibility in the use of tax increment financing and
opposes changes that would hamper cities ability to use the tax increment tool.
Messages for legislators: Give your legislators detailed examples as to how tax increment
financing has been critical in your community's development and redevelopment efforts. Specify
positive results such as property tax base development, job creation, and other benefits. Stress
that TIF is often the only tool available to cities and that local -decision -makers are in the best
position to decide which projects are best for their communities.
Pending bills/status:
H.F. 815/S.F. 842, introduced by Rep. Ann Rest (DFL- New Hope) and Senator Leonard Price
(DFL -Woodbury) and referred to the House and Senate Local Government committees, would
eliminate Option A in the calculation of fiscal disparities contributions. The contributions would
be required to be taken from within TIF districts.
H.F. 914/S.F. 838, introduced by Rep. Jim Rostberg (R-Isanti) and Senator Bill Belanger (R -
Bloomington) and referred to the House and Senate Local Government committees, would
authorize local units of government to abate up to half of a certain portion of property taxes
attributable to the value added by new construction or rehabilitation, reconstruction, and
additions to existing structures on commercial property. Effective for property taxes payable in
1998 and thereafter.
H.F. 926/S.F. 847, introduced by Rep. Steve Sviggum (R -Kenyon) and Senator Dick Day (R -
Owatonna) and referred to the House and Senate Local Government committees, would expand
the authority to elect the local contribution alternative to the LGA/HACA penalty for new and
WPza C
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
expanded TIF districts to districts for which the request for certification was made before June
30, 1994 if certain limited conditions are met. Effective for aids payable in the year after the
election is made.
H.F. 1473, introduced by Rep. Karen Clark (DFL -Minneapolis) and referred to the Economic
Development and International Trade committee, would a bipartisan commission to examine and
make recommendations to the legislature on state subsidy programs and tax laws related to
economic development.
H.F. 1547, introduced by Rep. Dennis Ozment (R -Rosemount) and referred to the Taxes
committee, makes several significant changes to the TIF law that will potentially impact all
existing districts.
H.F. 1549, introduced by Rep. Doug Peterson DFL -Madison) and referred to the Taxes
committee, would allow the use of economic development districts for certain retail facilities in
border cities. Effective the day following final enactment.
S.F. 601/H.F. 1184, introduced by Senator Larry Pogemiller (DFL -Minneapolis) and Rep. Bob
Milbert (DFL- South St. Paul) and referred to the Senate Local Government committee and the
House Taxes committee, would authorize the establishment of heritage and historic subdistricts.
S.F. 949/H.F.1192, introduced by Senator Pat Piper (DFL -Austin) and Rep. Rob Leighton
(DFL -Austin) and referred to the Senate Jobs, Energy & Community Development committee
and the House Economic Development and International Trade committee, would place a
moratorium on TIF, existing grants, loans, and other tax incentives, and new expenditures for
economic development until the DTED meets certain reporting requirements on the effect of
such incentives on wage levels and job creation. Effective the day following final enactment.
The bill is scheduled for a hearing in the House on Wednesday, March 19, at 12:30 p.m.
li ()Lay ertrjrL a t"d+�y p ot
S.F. 1100/H.F. 1292, a comprehensive property tax reform proposal introduced by_'�Senator Steve
Novak (DFL -New Brighton) and Rep. Andy Dawkins (DFL-St.Paul) and referred to the Senate
and House Taxes committees, includes provisions which restrict and repeal various provisions of
the TIF law. Currently, many of these sections would apply retroactively but the authors Mill
offer an amendment to make them prospective in effect.
Note: The above -referenced bills have not been scheduled for hearings unless otherwise noted.
Some bills may be heard in the House Local Government committee on Tuesday, March 25, at
12:30 p.m.
Prepared by: Andrea Atherton
Lm'Ic
145 University Avenue West, St. Paul, M\' 55103-2044
League of Minnesota Cities Phone: (612) 281-1200 • (800) 925-1122
Cities Promoting e=enence Fax: (612) 281-1299 • TDD (612) 281-1290
Local Performance Aid
Briefing Paper
Issue synopsis/League position:
Local Performance Aid was created by the 1996 legislature and requires cities and counties to
implement systems of performance measurement in order to qualify for the aid. The city pool for
1997 is about $4.1 million and was funded through $3.7 million in city HACA and a state
appropriation of $400,000. The author's intent was for LPA to demonstrate to state officials the
efficiency of local government, and to encourage local governments to strive to be even more
efficient.
City officials expressed several concerns about the bill. Because the law as it was passed was
very vague, many city officials were unsure of what they need to do to qualify for the aid. Many
smaller cities may not have the staff capacity to do the paperwork performance measures require.
In addition, many small cities contract out for most services, so they have few tasks to measure.
Many cities also were concerned that the program would develop into a strict mandate through
which the state would collect performance data and use it to unfairly compare cities.
Because of these concerns, the League adopted a policy opposing LPA. In addition, if LPA is to
continue the qualifications be clarified and that they be attainable by all cities. Any new funding
come from state sources rather than HACA or LGA. The program not become an onerous
mandate, and any performance measurement information collected by the state would not be used
to simplistically compare cities.
Messages for Legislators:
The League strongly supports efforts by cities to improve the efficiency and effectiveness of their
operations, including using performance measurement. But effective efforts must be local in
nature rather than a state mandate. LPA, if it is to continue, should be an incentive program
rather than a mandate.
Pending Legislation:
The chief author of LPA, Representative Andy Dawkins, has introduced legislation which would
significantly change LPA. It would add $13 million of state money to the city LPA pool. It
would require any city which applies for the aid to use the money for a specific city program or
service for which performance measurements are in place. The city would need to track the
service or program for continuous improvement and report the results annually to the council.
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AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
The author is considering a provision which would allow cities to qualify by joining a multi -
jurisdictional purchasing cooperative.
A separate bill, authored by Representative Ann Rest at the behest of the county association,
would establish a new grant program, the Local Innovation and Efficiency Program (LISP),
which would distribute $25 million in each of the next two years to local units of government for
local initiatives for innovative ways to improve service design and delivery. The grants are
meant to cover one-time up -front costs which will lead to long-term taxpayer savings. The
program would be administered by the state Board of Government Innovation and Cooperation.
It is unlikely that both of these programs will pass. The two authors are working together to find
a compromise which achieves the goals of both programs. If no compromise is reached, the
House tax committee will likely choose one program (or neither) for inclusion in the omnibus tax
bill.
The Department of Revenue's tax policy bill includes an exemption for cities under 500 in
population from the LPA program. This is likely to pass if the program is not substantially
changed by one of the above proposals.
Prepared by: Eric Willette
M"C
145 University Avenue West, St. Paul, MN 55103-2044
.I,eagueof Minnesota Cities Phone: (612) 281-1200 - (800) 925-1122
Cities promoting excenence Fax: (612) 281-1299 - TDD (612) 281-1290
Price of Government
Briefing Paper
Issue synopsis/League position:
The Price of Government legislation requires that the Governor recommend and the House and
Senate adopt targets for the overall percentage of personal income collected by the state and local
units of government. These targets are adopted every two years in the odd -numbered, budget
setting year.
The targets were originally established as a long-term barometer of trends in state and local
government revenues. The chief House author, Representative Ann Rest, has insisted that "the
law is not intended to be used for making short-term course corrections, like persuading local
governments to lower their levies." Nonetheless, since the law was enacted in 1993, the Price of
Government targets have been used to criticize local units of government.
This past year, the Commissioner of Revenue criticized city officials for increasing the proposed
1997 property tax levies beyond the POG targets. In fact, as the law is written, the POG targets
do not isolate property taxes, but instead projects total local government revenues. The
commissioner's letter is evidence of the confusing nature of the law and the need for
clarification.
Messages for Legislators:
The original intent of the price of government legislation should be reviewed and the clarified.
The law should not be used as a short-term limitation on local government levies, but used as a
tool to understand the impact of policy changes, demographic changes and other factors that
influence local revenue trends. If the long-term planning aspect of the law cannot be clarified,
POG, as it applies to local units of government should be repealed.
Pending Major Bills/Status:
The Governor recommended and the House and Senate have approved POG targets for the
upcoming two biennia. The. targets adopted by the House and Senate are less aggressive in
reducing the overall price of government than the Governor's original proposal.
After holding informational hearings on the price of government law earlier in the session, House
Tax Chair Dee Long has indicated that she will likely recommend an interim study of the POG
law that will hopefully lead to future recommendations on the application of the POG targets.
prepared by: Gary Carlson
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
Lm'Ic
League of iNfinnesota Cities
Cities promoting exceflence
145 University Avenue West, St. Paul, MN 55103-2044
Phone: (612) 281-1200 - (800) 925-1122
Fax: (612) 281-1299 - TDD (612) 281-1290
Repeal of the Sales Tax on Local Government Purchases
Briefing Paper
Issue synopsis/League position:
In 1992, the Legislature balanced its budget, in part, by extending the state's sales tax to the
purchases of cities, counties, townships and special taxing authorities. This action has increased
the operating costs for affected local units of government by an estimated $75 to $80 million per
year. Minnesota is one of only eight states that tax the purchases of its local units of
government.
Since the sales tax was extended to local units, many cities and counties have experienced
compliance problems. For example, despite good faith efforts to comply with the state's sales
tax law, several border cities have been caught in the complex web of taxable interstate
purchases. Other communities have experienced difficulties with the interpretation of the tax
status of purchases of items that are ultimately used in the production of a commodity to be sold
at retail. In fact, the law is so complex that the state department of Revenue has just released five
detailed instruction booklets to assist local officials in understanding the application of the law.
The League initiated legislation in 1996 to repeal the sales tax. This year, the Minnesota
Association of Counties has joined our effort to enact the repeal.
Messages for Legislators:
With the dramatic turnaround in the state's budget situation, city officials believe that the sales
tax on local government purchases must be repealed. The sales tax increases local property taxes
at a time when property taxpayers are demanding relief. The administrative complexity for local
units of government also add indirect local costs above and beyond the estimated $80 million
annual local sales tax liability.
Pending Major Bills/Status:
Six identical bills have been introduced to date. None of the bills has yet received a hearing in
either the House or the Senate.
House Bills
H. F. No. 545 (Haas, Van Dellen, McElroy and Mares)
H. F. No. 1042 (Mulder)
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AN EQUAL OPPORTUNITY/AFFIRI ATIVE ACTION EMPLOYER
H. F. No. 1256 (Goodno and Rest)
Senate Bills
S.F. No. 655 (Mr. Price, Mrs. Scheid, Mr. Hottinger, Mses. Pappas and Runbeck)
S.F. No. 1039 (Mr. Limmer, Mrs. Fischbach, Mr. Ourada, Mrs. Robling and Ms. Runbeck)
S.F. No. 1256 (Mr. Hottinger and Ms. Runbeck)
prepared by: Gary Carlson