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Council Information Memorandum 11-08-1996
NOVEMBER 8,1996 UPCOMING MEETINGS AND EVENTS 1. COUNCIL MEETING SCHEDULE: NOVEMBER 20 7:00 P.M. REGULAR COUNCIL MEETING Council Chambers DECEMBER 4 6:00 P.M. SPECIAL COUNCIL MEETING Medicine Lake Room Consider City Manager Salary DECEMBER 4 7:00 P.M. REGULAR COUNCIL MEETING Council Chambers 2. PUBLIC HEARINGS ON ZONING ORDINANCE — Attached is the November updated schedule from the Planning Department regarding the proposed Zoning Ordinance. (M-2) 3. VETERANS DAY, MONDAY, NOVEMBER]], City Offices will be closed. 4. PLANNING COMMISSION, TUESDAY, NOVEMBER 12, 7.00 P.M., Council Chambers. Agenda is attached. (M-4) 5. ENVIRONMENTAL QUALITY COMMISSION, TUESDAY, NOVEMBER 12, 7. 00 PM., Hadley Lake Room. Agenda is attached. (M -S) 6. CHARTER COMMISSION, WEDNESDAY, NOVEMBER 13; 7:00 P.M. Public Safety Training Room. Agenda is attached. (M-6) 7. SPECIAL PLANNING COMMISSION MEETING, TUESDAY, NOVEMBER 19, 7:00 P.M., Council Chambers. CITY COUNCIL INFORMATION MEMO November 8, 1996 Page 2 8. SUB -COMMITTEE ON COMMUNITY POLICING, WEDNESDAY, NOVEMBER 20, 5:30 P.M., Medicine Lake Room. 9. HRA, THURSDAY, NOVEMBER 21, 7:00 P.M., Council Chambers. 10. MEETING CALENDARS — The November and December meeting calendars are attached. (M-10) .f : 4.;•'•:.:`i}'-•C,:�•,C'{••'..'.t.'•.;`.::<,}i�f��4 , ��•.(;'�h":-: :'ke'•£; . f•n:c:'!�:rx, }:;�ir'�'i. 2{-{•: f•. ,}yy, ...,n...n........v..::.•.••.•:•-.••.••.v •v.:x....... xrnvv ��,.�r.•'h[��::.}':i .{.:: :.f... •::A ..vv..: .,•.{.:. • fx}: : :.•Y •. .}•. f�i...�'\yv... }: vi.` ............... .. ......:,.:..:.f•.,.,•::::::..:.,•::::::...,,,:.}t3.:..vSaS}wf....,gi::.,3.,.:,.£.\„:f.'{:;};}}:::::::ti-'•.•n•�.w�.G• {..::nur.3'yf.'••.'•.+��'.k.••.\:..:,::t::•,.v..}£•:{{�::}::�:�f-i£t{iiiv w:;:{iv. I. DRAFT AGENDA FOR NOVEMBER 20, 1996 REGULAR COUNCIL MEETING (I-1) 2. GENERAL ELECTION— Accompanying the Information Memo is a precinct -by -precinct summary of all election results except the judicial offices. Nearly 71% of the registered voters turned out. There were 4,670 new voter registrations on election day; added to the 37,674 existing registered voters, bringing the registered voters total to 42,344. 1,963 absentee ballots were counted on election day as well. A total of 2,118 absentee ballot requests were processed. 3. MEETING MINUTES a. Planning Commission minutes from the meeting of October 22, 1996. (I -3a) 4. STAFF REPORTS a. Information from Public Safety Director Craig Gerdes concerning the handling of harassing telephone calls to elected officials and City staff. (I -4a) b. Update from Public Safety Director Craig Gerdes about the regulation of train whistles. (I -4b) 5. NEWS ARTICLES, RELEASES, PUBLICATIONS, ETC a. City news release on the reopening of County Road 9 set for November 15. (I -5a) b. City news release on the closing of a segment of West Medicine Lake Drive November 12 through the 16. (I -5b) c. Letter from the Metropolitan Council soliciting applications to fill five positions on the Metropolitan Parks and Open Space Commission. (I -5c) 6. CITIZEN COMMUNICATIONS POLICY - CORRESPONDENCE a. Letter to Kayla Kellen from Public Safety Director Craig Gerdes responding to questions about problems with deer in residential areas. Kellen's letter has been attached. (I -6a) CITY COUNCIL INFORMA77ONMEMO November 8, 1996 Page 3 b. Letter to the Mayor from Dan Witkowksi with concerns about the traffic problems at the intersection of County Road 73 and Sunset Trail. The letter has been forwarded to Public Safety Director Craig Gerdes; a response from Public Works Director Fred Moore is attached. (I -6b) c. Internet correspondence between Park Director Eric Blank responding to Patrick McKee e—mail questions about the use of Mission Hills Park. (I -6c) d Internet correspondence between Park Director Eric Blank and Karl Burkum regarding the extension of the County Road 61 Trail. (I -6d) A status report on the most recent correspondence is attached. (I-6) 7. CORRESPONDENCE a. Letter from Steven Loe to Hennepin County Parks Director Doug Bryant expressing support for the East Medicine Lake Trail. (I -7a) r9c )ITY Y 0 � PLYMOUTR Public Heanng on Zoning Ordinance Set for November First Major Overhaul of Ordinance since 1980 to Affect Almost All Property in Plymouth The Plymouth City Planning Commission will open its public hearing on a new zoning ordinance on Tuesday, November 12 in the Council Chambers at City Center, 3400 Plymouth Boulevard. The meeting begins at 7:00 p.m., and will be televised on Cable Channel 37. The Commission will continue the hearing on Tuesday, November 19 at 7:00 p.m. After the public hearing, the Commission will make a recommendation on the new zoning ordinance, which includes a revised zoning district map, to the City Council which is expected to consider the ordinance sometime in December. If adopted by the Council in December, the ordinance could go into effect on December 31, 1996. Public Hearing Schedule • Tuesday, November 12,7:00 p.m., at City Hall in the Council Chambers • Tuesday, November 19,7:00 p.m., at City Hall in the Council Chambers Televised on Cable Channel 37 First Major Update Since 1980 This first major overhaul of the Zoning Ordinance in 17 years will give property owners in Plymouth a better idea of what sort of developments may be built near their land. It also will help avoid future conflicts between residential and industrial areas and better reflect current state laws and environmental regulations. The proposed ordinance will apply new zoning classifications to nearly all properties in the city. Each property will go into a new classification that is as close as possible to its current designation. A major goal in drawing up the new ordinance has been to better distinguish among t•..nnn ni I-4 ..nnn nn.i:... .1.. -1..:_A. 1 ..--- -rL.- proposed ordinance seeks to keep heavy industry farther away from residential neighborhoods. The proposed ordinance raises the number of classifications for commercial and industrial areas from the current total of four to ten. It would increase the number of residential classifications from four to eight. The proposed ordinance also adds public and institutional districts for major parks and facilities. Improvements to mean less red tape for residents One aim of the new ordinance is to build in more flexibility and less red tape for residential property owners who want to improve their homes. Many homes built in Plymouth in the last 15 to 20 years are in neighborhoods developed with the "planned unit development" (PUD) process. This allowed some flexibility for lot sizes and setbacks for the builder, but has also complicated matters for homeowners when they wanted to make changes and additions later. Often, the PUD has had to be amended, requiring a complex process including a $200 filing fee and a super -majority vote of the City Council. Homeowners not in PUDs could often accomplish the same thing without this expense or onerous approval process. The draft ordinance will eliminate most of the old PUD designations and put homeowners in those neighborhoods on the same footing as those in other areas of Plymouth. Other improvements that should benefit homeowners include more built-in flexibility for setbacks without cumbersome variances, more flexibility for expanding garage space and explicitly allowing for gazebos and other similar back -yard structures not now specified in the ordinance. Northwest Plymouth The zoning ordinance will not affect areas (FRD). Most areas classified as FRD are located in northwest Plymouth, the last largely undeveloped area of the city. The City Council and Planning Commission will address land uses for northwest Plymouth as part of the City's northwest Plymouth planning process. That planning will switch into high gear after the adoption of the new zoning ordinance. Council Eliminates Proposed Restrictions on Recreational Vehicle Parking The draft ordinance reviewed at a series of six public information meetings in October included some restrictions on parking and storing recreational vehicles (RVs) and recreational equipment (including campers, boats, snowmobiles, etc.) Citizens told City officials that the draft was unworkable, and at an October 29 M-2- (FRD). ' 1-fes" special meeting, the City Council ordered that this language be deleted from the ordinance. The City's consultant had recommended restrictions on the number of RV's on a single property, and a requirement that they be stored in rear or side yards, screened from view. Parking in driveways would have been limited to 72 hours at a time. These provisions will not be included in the ordinance. Additional changes based on public input on the text of the ordinance and the proposed zoning map are expected as a result of input from residents, business owners and property owners. . The Planning Commission will be receiving a list of recommended changes at the November 12 public hearing. More changes can be made based on citizen input before the ordinance is sent to the City Council for approval. Proposed Zoning Districts Existing Zoning District To be Replaced by Proposed Zoning District FRD, Future Restricted Development District FRD, Future Restricted Development District R -1A, Low Density Single Family Residence District RSF-1, Single Family Detached Dwelling District 1 R-1 B, Low Density Residence District RSF-2, Single Family Detached Dwelling District 2 R-2; Low Density Multiple Residence District RSF-3, Single Family Detached Dwelling District 3 RSF-4, Single Family and Two Family Dwelling District R-3, Medium Density Multiple Residence District RMF -1, Multiple Family Dwelling District 1 RMF -2, Multiple Family Dwelling District 2 R-4, High Density Multiple Residence District RMF -3, Multiple Family Dwelling District 3 RMF -4, Multiple Family Dwelling District 4 B-1, Office Limited Business District O -R, Office/Residential Transition District B -C, Business Campus District B-2, Shopping Center Business District C-1, Convenience Commercial District C-2, Neighborhood Commercial District C-4, Community Commercial District B-3, Service Business District C-3, Highway Commercial District C -W, Commercial/Warehousing District CC, City Center Districts (CC -R, CC -RE, CC -OT, CC -P) No Change 1-1, Planned Industrial District 1-1, Light Industrial District 1-2, General Industrial District 1-3, Heavy Industrial District Planned Unit Developments Most PUD's to be rescinded by new ordinance, with zoning to be consistent with City development approvals or existing base zoning. Contact Community Development Department for more information. New District P -I, Public/institutional District Wetlands, Shoreland and Floodplain Overlay Districts No Change The above table shows generally how the new zoning district descriptions and zoning map will compare to the current ordinance. Copies of the proposed ordinance and zoning map are available for review at City Hall, 3400 Plymouth Blvd., and at the Plymouth Community Library Reference Desk. If you have questions on the zoning ordinance, call the Community Development Department at 509-5400. Office hours are 8:00 a.m. to 4:30 p.m. Monday, Wednesday through Friday; Tuesday 8:00 a.m. to 6:00 p.m. Contact the City of Plymouth on the Internet: http://www.ci.plymouth.mn.us/. rp) PLANNING COMMISSION AGENDA ` TUESDAY9 NOVEMBER 12 1996 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 5. *CONSENT AGENDA 6. PUBLIC HEARINGS A. Westurn Cedar Supply. Planned Unit Development Amendment and Conditional Use Permit to allow outside storage of roofing supplies for property located at 705 Highway 169 North. (96135) (Continued from October 22, 1996 Meeting) B. Northern States Power. Site Plan Amendment, Conditional Use Permit, and Variance to install a 30 foot high, 750 foot long salt barrier between the Parkers Lake substation and I494 to prevent the power from going out in the winter. (96152) C. Sprint Spectrum, L.P. Site Plan Amendment and Conditional Use Permit to place a 140 feet telecommunications tower and ground build cell phone equipment at Hampton Hills Golf Course located at 5313 Juneau Lane North. (96160) D. Steiner & Koppehnan, Inc. Shoreland Management Variance for a 22 -foot encroachment into the required 100 -foot setback for construction of a new single family dwelling and inground swimming pool located at 205 Black Oak Lane. (96162) E. City of Plymouth. Adoption of Chapter 21 of the Plymouth City Code to establish a new Zoning Ordinance for the City of Plymouth, including adoption of a new map of zoning districts, repealing in its entirety Ordinance No. 80-9 and all amendments thereto. (95100) 7. OLD BUSINESS 8. NEW BUSINESS 9. A DJOT TRNTWNT m -s • ENVIRONMENTAL QUALITY COMMITTEE MEETING AGENDA Meeting No. 55 Tuesday, November 12, 1996 7:00 p.m. Plymouth City Hall 7:00 Call to Order/Chair - Martin Frank 705 Approval of Minutes as received 7:15 Reports/Updates: 1. The Water Plan update (Shane). 2. Business Environmental Initiative Committee report (Paul). 3. Environmental Calendar Group C (Mary/Kris). 7:30 Old Business: 1. Medicine Lake Pan Study report update. 7:50 New Business: 1. How to establish natural areas in private Plymouth. 2. Global Action Proposal. 3. EQ Committee Plan for 1997. 4. Plymouth Wetland Management Plan BWSR Grant. 9:00 General Discussion 9:15 Adjourn r \\cityyty\volt\ENG\wIRQL'MMINUTES\AGEN.NOV.d. M-6 Plymouth Charter Commission November 13, 1996 Public Safety Training Room Agenda I. Call to Order II. Approval of Minutes (September 30, 1996) III. Discussion of Supermajority Proposal IV. Discussion of Charter Commission Terms of Office V. Status of Filling Charter Commission Vacancies VI. Election of Vice Chair VII. Discussion of need for December 2, 1996 Annual Meeting VIII. Adjourn N I°, Ie IN IM IIt � IN IN 1-4 100 I� IN I� b M O l� aF«a�aa O U T O :� U 8 co y�y •V w 00 00 "rA U c ON 1�1 V w y a� 3o U o a A M O l� a N en M 0 r W a o0 o� 0 ap oL) p CJ u o 1-4 100 I� IN I� - I DRAFT 11/08/96 1:06 PM CITY OF PLYMOUTH AGENDA REGULAR COUNCIL MEETING NOVEMBER 20, 1996 I. 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 IS 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 A. Present 1996 Human Rights Award B. Recognize Wayzata Girls Soccer Team 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. * Items require 5 affirmative votes of the City Council for approval. REGULAR COUNCIL MEETING„ November 20, 1996 Page 2 A. Approve City Council Minutes B. Approve Disbursements *C. Approve Site Plan Amendment, Conditional Use Permit and Variance for a salt barrier at the Parkers Lake Substation. Northern States Power (96152) D. Approve Engineering Consultants E. Approve Amendment to Fire Relief Association By -Laws F. Approve Development Contract with Frauenshuh Companies for City Center Retail Entertainment Property G. Plymouth Ice Arena: 1. Reapprove Ice Grant 2. Approve Pop Contract H. Approve Final Plat for Evergreen Knoll located south of County Road 6, west of Urbandale Lane North. Fazendin Brothers, Inc. (96041) *I. Approve Rezoning and Preliminary Plat for Ferndale Place Addition located at 1220 Ferndale Road. Henry Lazniarz (96038) J. Delete proposed Hollydale and Elm Creek Golf Course Assessments K. Approve 1996 Annual Report and 1997 Work Plan Plymouth Human Rights Commission L. Approve Changes to City License and Permit Fees M. Establish Special Council Meeting on December 11, 1996 7. PUBLIC HEARINGS * Items require 5 affirmative votes of the City Council for approval. REGULAR COUNCIL MEETING November 20, 1996 Page 3 A. 8. GENERAL BUSINESS *A. Approve Land Use Guide Plan Amendment and Order Environmental Assessment Worksheet (EAW) for 348 -Unit Cornerstone Retirement Community and three industrial buildings. Elim Care, Inc. (96137) B. Plymouth Ice Rink: 1. Establish Hourly Use Rates 2. Establish Priority Use Policy C. Approve amendment to Travel Policy D. Approve 1996-1997 Dues Payment to League of Minnesota Cities E. Approve payment of Insurance Deductible for Defense Costs F. Appoint sub -committee to consider assessment policy for street reconstruction G. Appoint sub -committee for board and commission appointment process H. Approve Development Contract with Frauenshuh and Companies for City Center Retail Entertainment Property 9. REPORTS AND STAFF RECOMMENDATIONS A. Receive Report on Senior Citizen Needs Assessment 10. ADJOURNMENT * Items require 5 affirmative votes of the City Council for approval. Z - 3 a CITY OF PLYMOUTH PLANNING COMMISSION MINUTES OCTOBER 22,1996 MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Allen Ribbe, John Stoebner, Tim Bildsoe, Jeffrey Thompson, Saundra Spigner (arrived at 7:45 p.m.), and Roger Berkowitz MEMBERS ABSENT: STAFF PRESENT: Community Development Anne Hurlburt, Planning Supervisor Barbara Senness, Planner Shawn Drill, City Engineer Dan Faulkner, and Clerical Supervisor Denise Hutt 1. CALL TO ORDER: 7:00 p.m. 2. PUBLIC FORUM: Chairman Stulberg introduced Bradly & Rebecca Caron of 3615 Trenton Lane North. Mr. Caron presented a letter dated October 22, 1996, to the Commission requesting an exception to the Zoning Ordinance pertaining to the two dog limitation. Mr. Caron stated they own two dogs and are currently providing care and training for a puppy of fourteen weeks while a home is sought. They are requesting an exception be granted prior to the ordinance age limit for this puppy. Mr. Caron asked what the timing would be if there were to be a change to the ordinance. Chairman Stulberg stated that they are currently working on a new Zoning Ordinance, and that it may be appropriate for staff to look at an interim use permit. Director Hurlburt stated that staff could look at amendments to the ordinance to be included in the public hearing which will be held on November 12, 1996. She stated that the new ordinance is not anticipated to be adopted until December, 1996. Commissioner Ribbe stated that it would be worthwhile to look at this to see if a change is workable. Commissioner Thompson concurred. Director Hurlburt stated that staff will investigate the possibility of writing an interim use permit to allow staff to administratively approve a request such as this. Director Hurlburt suggested that Mr. Caron keep in touch with staff in the next couple of weeks to check on the progress of this issue. - 3. APPROVAL OF AGENDA: Planning Commission Minutes 1,3a October 22, 1996 Page ##247 4. APPROVAL OF MINUTES: MOTION by Commissioner Bildsoe, seconded by Commissioner Thompson to recommend approval of the October 8, 1996 Planning Commission Minutes. Vote. 6 Ayes. MOTION carried unanimously. 5. CONSENT AGENDA: Commissioner Bildsoe requested that Item 5A. be removed from the Consent Agenda. Commissioner Thompson concurred. B. OLYMPIC STEEL, INC. (96142) Chairman Stulberg introduced the request by Olympic Steel, Inc. for a Site Plan Amendment for 25 additional parking spaces to be located on the west side of the building at 625 Xenium Lane North. MOTION by Commissioner Bildsoe, seconded by Commissioner Thompson to approve the request by Olympic Steel, Inc. Vote. 6 Ayes. MOTION carried unanimously. A. CITY OF PLYMOUTH. Chairman Stulberg introduced the request by the City of Plymouth to adopt a resolution recommending continued City participation in the Metropolitan Livable Communities Act Program. Commissioner Bildsoe asked for an explanation of life -cycle housing. Commissioner Thompson wanted to know what the City gets in return for expending $200,000. Director Hurlburt explained that starting in 1998, participating cities must expend an amount to support or assist the development or maintenance of affordable and life -cycle housing in the community, that at a minimum, is equal to the community's Affordable and Life -Cycle Housing Opportunities Amount (ALHOA). The ALHOA is annually calculated for each community by the Metropolitan Council according to a formula in the Act. For 1996, the City of Plymouth can be expected to expend through HRA activities $200,000 in ALHOA eligible activities. According to the Metropolitan Council, the calculated ALHOA for the City of Plymouth for 1997 will be $0.00. Director Hurlburt stated that it doesn't really cost the City anything to participate. Some provisions of the adopted Action Plan don't kick in until a year or two from now. She added that the City has been very careful not to commit to anything we cannot do. MOTION by Commissioner Bildsoe, seconded by Commissioner Stoebner recommending the City of Plymouth's continued participation in the programs under Planning Commission Minutes October 22, 1996 Page #248 the Metropolitan Livable Communities Act for 1997. Vote. 6 Ayes. MOTION carried unanimously. 6. PUBLIC HEARINGS: A. ROGER ANDERSON ENGINEERING, INC. (96038) Chairman Stulberg introduced the request by Roger Anderson Engineering, Inc. for a Preliminary Plat to create four single family detached lots for one existing home and three new homes, and Rezoning from FRD (Future Restricted Development District) to R-lA (Low Density Single Family Residential District) for property located at 1220 Ferndale Road. This item was continued from the October 8, 1996 meeting. Planner Drill gave an overview of the October 16, 1996 staff report. Planner Drill presented a revised resolution, adding a new Condition #13 that requires the applicant to demonstrate on-site storm water detention ponding sufficient to maintain runoff rates at predevelopment conditions. Also, a new Condition #14 was added to address the low spot adjacent to Ferndale Road. If that area is found to be a wetland, the applicant must obtain any required permit prior to the City's approval of a Final Plat. Planner Drill also presented a letter dated October 18, 1996 from the Minnehaha Creek Watershed District and a memo dated October 22, 1996 from Shane Missaghi, Water Resources Engineer for the City of Plymouth. Commissioner Ribbe asked when the soil borings took place that was referenced as item #4 in the letter received from the Minnehaha Creek Watershed District. Chairman Stulberg introduced Roger Anderson, the petitioner. In response to Commissioner Ribbe's question, Mr. Anderson stated that the soil borings took place on March 28, 1996. The soil was frozen to a one and one-half foot depth, and perched water impacted the soil borings. Mr. Anderson stated that the key goal is to eliminate the perched water. Mr. Anderson stated that he concurs with the staff report and the proposal meets the Zoning Ordinance requirements. They are not requesting any variances, and the lots exceed the square footage standard for the R -1A District. Mr. Anderson assured that drainage issues will be addressed. They are proposing to put in a pond, even though it is not mandated. The pond should accommodate the runoff from two-thirds of the site; control the rate of discharge; and, direct water to comply with the City's Comprehensive Storm Drainage Plan. The pond is to be located where there won't be a need to take down any further trees on the site. Mr. Anderson stated that he reviewed the report by the consultant. The consultant did not find characteristics of wetlands pertaining to hydrology or plants. Planning Commission Minutes October 22, 1996 Page #249 1 3a Director Hurlburt asked what would happen with the driveway on Lot 1 when they put the pond in. Mr. Anderson replied that the driveway will be relocated to accommodate the pond. City Engineer Faulkner stated that the City is aware of the storm drainage that has caused a severe erosion problem with the 12' Avenue project and it will be addressed. City Engineer Faulkner stated that the water will drain to the proposed pond and be detained because there is no easement on the adjacent property. One of the requirements of approval is that the proposal can't increase the water drainage. The water will be detained and then follow the property line down to Hadley Lake. It is then the City's responsibility to make sure the water drains. City Engineer Faulkner stated that there is a small depression indicated along the west side of the site which might have some wetland characteristics. After reviewing the available information and a brief site investigation, it was somewhat inconclusive as to the status of this small portion of property. Chairman Stulberg continued the public hearing. Chairman Stulberg introduced Jonathan Faraci, of Development Engineering, representing the neighbors. Mr. Faraci stated that the proposal did not meet the requirements for rezoning under the intent for FRD because the public facilities and services are not in place. He stated that the structure is not in place leading to Hadley Lake. Mr. Faraci agreed that the pond is a good idea, but it does not restrict the runoff, it only slows it up. Mr. Faraci presented a 1989 aerial map of the neighborhood depicting an existing weir where ground water fluctuates greatly and runs down to Hadley Lake. He was concerned that the proposed plat would aggravate an already serious erosion problem. Mr. Faraci commented that the road on the Orono side was built over what could have been a wetland, which was not properly located or analyzed. Mr. Faraci stated that the proposed lots are large enough that the house pads could be located elsewhere. Mr. Faraci stated they would like to see more information pertaining to the impact of the tree count after the driveway is moved on Lot 1, and if the area on the northwest corner of the site is determined to be a wetland. Chairman Stulberg introduced Gloria Lindberg of 1200 Ferndale Road North. Ms. Lindberg presented a letter dated October 22, 1996 from James and Candace Fish of 19005-12' Avenue North. They stated in their letter the concern for the aggravation of what is already a potential water problem. They believe that some substantial portion of the western -most home site is at least partially in wetlands. Without benefit of engineering data, they are concerned with the added drainage load on the remaining land which will be created by three new homes. They are also concerned about the Planning Commission Minutes October 22, 1996 Page #250 Z-38 larger drainage problems along Ferndale north to County Road 6, and east of the relatively recently filled-in wetland just north of the 1220 Ferndale property. Ms. Lindberg thanked the Commission for giving the residents of 12' Avenue North an extended time to allow them to investigate the potential impact on the community. She stated that their goal is to be supportive in assuring that new development does not adversely affect their neighborhood, the water tables, the wetlands, and the watershed area into which excess water may flow as a result of the impending development. Ms. Lindberg concurred with Mr. & Mrs. Fish's concerns regarding increased runoff and drainage issues, and the affect that three new homes will have. Ms. Lindberg asked several questions pertaining to drainage and runoff from the homes. Ms. Lindberg wanted answers to the following questions: Will the necessary soil testing be done to preclude any adverse effect on the subterranean water? Has Orono been apprised of, or approved of, the option to put a culvert under Ferndale and drain the water there for Orono's disposal? If the water is diverted through a large diameter pipe to the existing wetland, how much water will the pond be able to absorb before it reaches capacity and overflows down the existing swale to Hadley Lake? Who would be responsible for any water treatment, or holding area, that might be necessary for the water to be dumped into Hadley Lake? What affect will the increased taffic from the development have on an already congested and hazardous north end of Ferndale Road? Chairman Stulberg closed the public hearing. In response to questions raised, City Engineer Faulkner stated that there is a 21 inch pipe that goes to Hadley Lake. He stated that all of the development has occurred already surrounding the area. In response to swale and calcualted runoff issues, City Engineer Faulkner said there are two different swales. One is located off the 12' Avenue cul-de-sac where there is a pipe. There is currently an erosion problem, but there should be no additional runoff from the proposed development into that system. The side yards will drain towards 12' Avenue. Additional volume will be detained in the pond, and then drained through a designed weir system. City Engineer Faulkner stated that the applicant has shown everything they are required to at the preliminary Plat stage. City Engineer Faulkner concurred that there is a pre-existing drainage problem, and the developer is taking the initiative to take care of it, which should be the City's responsibility. The delineation for the wetland adjacent to Ferndale Road was conducted during the winter months, which requires a spring follow-up. The follow-up did not occur, and will have to be done. If it turns out to be classified as a wetland, the applicant will have to go through a permitting process, which may or may not mean the loss of one lot. Planning Commission Minutes October 22, 1996 Page #251 T_ 3a Pertaining to other questions/issues, City Engineer Faulkner stated that necessary soil tests are not required by the City unless they are going to build a street. The soil boring #2 indicated that the house pad would have to be excavated. In response to traffic, the additional trips generated by the new homes would not have any significant impact, as Ferndale Road could handle the small increase especially after Ferndale is upgraded. The purpose of the on-site pond would be to detain water so runoff does not increase, and to treat the water before it goes into the pipe. The Minnehaha Watershed District does not require anything additional for water treatment before it enters Hadley Lake. The cost of the drainage swale would be the City's responsibility. The DNR is not aware of the proposed use, but the applicant would have to obtain their approval before moving forward with the project. The City of Orono was not contacted about the pipe, but it is mute since it won't go that direction. City Engineer Faulkner said that the pond would have to be designed to standards. The pond would have to be at least four feet deep if needed for water quality. Mr. Anderson stated that he will get approval from the DNR. If the proposed plan is approved, he will be contacting several agencies, including the Minnehaha Watershed District. The water quality portion of the pond would be three to four feet deep for water treatment. Mr. Anderson said they don't know if they need the water quality portion because of the size of the development, but they will comply with the requirements dictated by the watershed district. If the pond is to be a detention pond, it needs to be at least three feet in depth. If the pond is to be a water quality pond also, it would be six to seven feet in depth. The upper four feet of water is to be detained and then run out. If the pond is strictly a detention pond, they would not want to put a fence around it. It would have a 3:1 slope like the side yard of a home. Pertaining to runoff, Mr. Anderson stated that the calculation of pre -development runoff is three cubic feet per second, and post -development runoff is 4.5 cubic feet per second for a 12 -inch culvert. The pond would slow the runoff down significantly. Mr. Anderson said that there are existing drainage problems and they have the opportunity to correct them. He said that the development will benefit the ground water situation. Chairman Stulberg asked if the pond is for detention only, how many cubic feet of water would there be. Mr. Anderson calculated about 4700 cubic feet. MOTION by Chairman Stulberg, seconded by Commissioner Thompson to recommend approval of the Ordinance amending the Zoning Ordinance to classify certain land located at the northeast comer of 12' Avenue and Ferndale Road. Roll Call Vote. 6 Ayes. MOTION approved on a 6-1 Vote. (Commissioner Spigner voted Nay.) MOTION by Chairman Stulberg, seconded by Commissioner Thompson recommending approval of a Preliminary Plat for Henry Lazniarz for Ferndale Place located at the northeast corner of 12' Avenue and Ferndale Road. Planning Commission Minutes October 22, 1996 Page #252 Commissioner Bildsoe asked if there would be any duplication of efforts since Ferndale Road is scheduled for upgrading in 1998. City Engineer Faulkner replied that there may be some duplicating for the control of storm drainage, but there is certainly no problem with this proposal. Commissioner Spigner stated her belief that some property needs to remain as larger lots and rural areas. Roll Call Vote. 6 Ayes. MOTION carried on a 6-1 Vote. (Commissioner Spigner voted Nay.) B. JANCO, INC. (96113) Chairman Stulberg introduced the request by Janco, Inc. for a Planned Unit Development Concept Plan, Preliminary Plan/Plat, Conditional Use Permit, Land Use Guide Plan Amendment from LAR (Living Area Rural) to LA -3 (Medium Density Residential), and Rezoning from FRD (Future Restricted Development) to R-3 (Medium Density Residential) for 74 single family dwelling lots for property located at 4860 Peony Lane North. Chairman Stulberg noted a mistake on the agenda. The agenda indicates the Land Use Guide Plan Amendment from LAR to LA -4, and should be LA -3. Also, the Rezoning from FRD to R-4, should be R-3. Planning Supervisor Senness gave an overview of the October 18, 1996 staff report. Chairman Stulberg asked what happens if the application is approved and the new Zoning Ordinance does not go through. Planning Supervisor Senness replied that the application would have to come back for approval again. Director Hurlburt stated that if there is only a minor change to the new ordinance, it would not have to come back for approval. City Engineer Faulkner gave an overview of the history of Schmidt Lake Road stating that about three to four years ago a need existed to better define where the road would be. During consideration of the Soo Line East project, the City Council wanted an alignment study done, which was conducted in May 1993 for the area west of Vicksburg Lane. An EAW was prepared, and it was determined that the best alignment for the road would be north of the railroad tracks. As development occurred, such as Nanterre, the road was constructed. Now a portion of Schmidt Lake Road is being constructed through development coming in from the west, east of Pineview Lane with left and right turn lanes. The only portion left of Schmidt Lake Road to be determined for alignment is east of the proposed Conor Meadows to the bridge crossing. The City Council has directed a detailed study of the alignment. City Engineer Faulkner stated Planning Commission Minutes October 22, 1996 Page #253 Z.32 that they don't have a definite answer yet as to what will happen to Holly Lane when Schmidt Lake Road is extended. They are thinking that Holly Lane would be an "at grade" and T -intersection with Schmidt Lake Road. Director Hurlburt asked what would happen to the people to the north. City Engineer Faulkner replied that they would continue to have their access on to Holly Lane. Holly Lane would have to tie into Schmidt Lake Road to continue to provide access, and it would be constructed as a major collector road. Director Hurlburt asked what would have to happen to connect Holly Lane to the railroad tracks outside the urban service area. City Engineer Faulkner stated that it would have to be development driven, and it would be the City Council's decision for timing. The issue will need to be addressed during the Capital Improvement Program discussions next month. Planning Supervisor Senness stated that staff received a revision today reducing the number of single family lots to 70. The 50 -foot setback to the railroad right-of-way is not required under the existing Zoning Ordinance, but will be under the new ordinance. As of today, the applicant is requesting a 20 -foot setback for lots abutting Peony Lane. Their revised plan removed the request for a variance on two lots. Staff would support the minor changes so that could occur. Planning Supervisor Senness stated that the variance for Lot 12, Block 1 could be eliminated through the construction of a shallower home, or by adjusting the front yard setback as is proposed for the adjacent lots to the east. There is now room for lots along Peony Lane to have a 25 -foot front yard setback. Chairman Stulberg asked if the only the variance in question would be the front yard setback for Lots 12-30. Planning Supervisor Senness replied affirmatively. Chairman Stulberg asked if they need a variance for the other 50 -foot setbacks. Planning Supervisor Senness replied that subsequent plans indicate that it can be corrected. Commissioner Bildsoe asked if the outlot was removed. Planning Supervisor Senness replied that there is an outlot for a development sign. Outlots along the border would be extended for the next development. Commissioner Berkowitz stated his concern with the extension of 48th and 49' Avenues east, and asked if they will be routed as cul-de-sacs or dead ends. Planning Supervisor Senness pointed out the plans for 48h and 49' Avenue on the plans. Commissioner Berkowitz asked if staff has looked at the plans pertaining to cul-de-sac length. Planning Supervisor Senness replied that it would meet standards, but staff has not taken a detailed look, as the plans for Conor Meadows Two are not yet complete. Commissioner Thompson asked if there is any intention of having agricultural land in Plymouth. He commented that it would be nice to have open land somewhere in the City. Planning Supervisor Senness explained that once land is inside the urban service area, it is just a matter of time before it is rezoned and developed. Planning Supervisor Senness stated that the City's plan is for an urban area, which provides for a variety of Planning Commission Minutes October 22, 1996 Page ##254 3$ densities in that area. Commissioner Thompson asked if any areas would be rural. Planning Supervisor Senness replied negatively. Director Hurlburt stated property owners are assessed for the services. The time to designate rural land was before the MUSA line was drawn. Commissioner Thompson asked if the Metropolitan Livable Communities Act played a part in staffs' recommendation for approval of this proposal. Planning Supervisor Senness answered that it was one aspect, but not the driving force of the recommendation. Director Hurlburt stated that since the City decided to participate in the Metropolitan Livable Communities Act, a Housing Plan was adopted, and this proposal does meet some of the goals. As population ages, we need to allow for choice and diversity. Planning Supervisor Senness stated that at this point, all reports that are brought forward to the Commission will include a comment on how it fits with the Metropolitan Livable Communities Act and the Housing Plan. Commissioner Berkowitz asked where are the neighborhood shopping and commercial areas that were referenced in the staff report. Planning Supervisor Senness replied that given the access, they are close to commercial guiding. Director Hurlburt noted that there is an area south of Rockford Road, north of Highway 55, and the west side of Peony Lane that has been changed to commercial. There is the existing Tom Thumb, and the site approved at Rottlund for a convenience center. She added that once the high school opens, there will be more interest for convenience and shopping centers. Commissioner Berkowitz asked if there were any other developments in the last few years where there is this type of density or lot size. Planning Supervisor Senness replied that there are smaller lot sizes in Parkers Luke (zipper lots). Director Hurlburt noted that the Rottlund development has a variety of home styles with an overall density that is higher. Commissioner Berkowitz stated that his concern is with a smaller variety of homes and the market trend. He didn't want the Commission to be put in the position of hearing Variance requests by people that want to try and put a larger house on the lot. Planning Supervisor Senness replied that there is a market for smaller homes on smaller lots. Chairman Stulberg introduced Tom Graham, the applicant who introduced Greg Frank, of McCombs, Frank, Roos Associates, representing the petitioner. Mr. Frank stated that the timing is right for the project. The original proposal was for LA -3 use, but the applicant supports the recommendation by staff. The transitional - type housing lends itself well for the area. The housing style is developed by Graham Company and the houses will be built by Centex. The homes will be similar to those built by Centex located west of Zachary Lane and south of the railroad. Potential variances will be curbed by having one builder for the development. The project density is 3.4 units per acre and ties into the Metropolitan Livable Communities Act. Planning Commission Minutes October 22, 1996 Page #255 S -3a Mr. Frank described the proposed landscaping for the site stating that they will place six-foot high fencing with masonry columns along the south side of the site. Along the inside of the fencing there will be ten foot high evergreens, and overstory trees 30 feet on center. There will be a two foot high berm along most of the length of the fence. There will be spruce trees along Schmidt Lake Road. Mr. Frank stated that there are 85 trees on site, and 40% of the significant trees are not desirable (Elms, Box Elders, Poplars). Mr. Frank stated that roughly 25% of the trees are located where Schmidt Lake Road will extend. The reforestation/landscape plan submitted shows 1,124 caliper inches to be replaced on the site. Mr. Frank stated that the applicant didn't realize a 50 -foot setback was required along Peony Lane until they read the staff report. They decided to shift Olive Lane 20 feet to the east to accommodate this, but they would still need the front yard setback reduced from 25 feet to 20 feet. Mr. Frank indicated that NURP ponding and all mitigation will be provided on the site. One of the benefits of the project is that 100% of the right-of-way is being provided at no cost to the City. This proposal also offers another alternative of housing, by providing a more affordable type of living environment. By using one builder, it provides a sense of community. Chairman Stulberg asked if the applicant is still asking for a variance on Lots 5-11, which differs from what staff is recommending in their approving resolution. Mr. Frank replied affirmatively. Commissioner Spigner stated that she didn't see any trails or parks proposed. Mr. Frank replied that there is a trail along Schmidt Lake Road. All the architectural designs and building types will be common to provide a sense of a community or neighborhood. Commissioner Spigner commended the applicant on the proposed wall along the Soo Line Railroad. She added that she would like to see some land set aside for a neighborhood park. Mr. Frank responded that this development would be close to the high school site. Planning Supervisor Senness stated that the high school site will have a wide variety of playground facilities including a tot lot. Chairman Stulberg asked what the proposed square footage is for the models. Mr. Frank replied that there will be a building pad of 3,000 square feet. Mr. Graham replied that the finished living space on two floors would.be 1,800 to 2,400 square feet. Commissioner Bildsoe asked what the applicant meant by 10% of the housing will be low to moderate income housing. Mr. Graham replied that it is not a commitment, but part of the original application. Director Hurlburt stated that in the original application, the applicant intended the percentage to qualify for bonus points, which is a Planning Commission Minutes October 22, 1996 Page #256 Z --3a mute point under the proposed Zoning Ordinance. Mr. Graham commented that the purchase price on the homes would range from $160,000 to $180,000. Commissioner Thompson asked if the revised application is now lower than five units per acre. Mr. Frank replied that the density would now be 3.4 units per acre. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Harry Wickman of 4935 Holly Lane. Mr. Wickman asked where Schmidt Lake Road is proposed to be aligned. Mr. Wickman commented that he was glad to see that the applicant is donating 100 feet of their property. He added that it wouldn't hurt to move Schmidt Lake Road further south. City Engineer Faulkner stated that this proposal does not deal with Schmidt Lake Road in reference to Mr. Wickman's property. The alignment study should be conducted within the next couple of months. Chairman Stulberg closed the public hearing. MOTION by Commissioner Spigner, seconded by Commissioner Ribbe recommending approval of a Land Use Guide Plan Amendment for Janco, Inc. for property located at 4860 Peony Lane North. Commissioner Berkowitz asked for an explanation on the differences between LA -2 and LA -3 guiding. Director Hurlburt replied that the current ordinance. asks for a higher density. LA -3 allows up to 12 units per acre and more attached housing. LA -2 allows three to six units per acre. Roll Call Vote. 7 Ayes. MOTION carried unanimously. Director Hurlburt stated that the Commission approves this now, but it will be delayed going to City Council until the new ordinance is adopted. Commissioner Spigner asked why the Commission is asked to approve the application using the new ordinance. Chairman Stulberg stated that the owner could request action under the current ordinance which. would be a Planned Unit Development, which would be too hard to mix in under the new ordinance. Director Hurlburt stated that if the Commission chooses, they could recommend the Land Use Guide Plan and delay the rest of the actions until after the new Zoning Ordinance is approved. This would allow the developer to go ahead while the ordinance is being completed. Mr. Graham stated that he made the application under the current ordinance, but will concur with staff recommendation under the new ordinance. He stated that he would like to move forward with the application. Planning Commission Minutes October 22, 1996 Page #257 T•3� Commissioner Spigner stated her concern for approving something before the ordinance is approved. Commissioner Thompson stated that the Commission is not really approving anything, only recommending to the City Council. Director Hurlburt stated that the City is not in any legal jeopardy. Commissioner Berkowitz stated that in the unlikely event that an RMF -2 is not what the Commission envisions today, this proposal would be approved under the new conditions. Director Hurlburt answered if there was a major change in the ordinance, the application may have to come back for a new hearing. Commissioner Thompson stated that if there is a minor change, the City Council can deal with it. MOTION by Commissioner Spigner, seconded by Commissioner Stoebner recommending approval of Rezoning from FRD to RMF -2 for Janco, Inc. for property located at 4860 Peony Lane North. Commissioner Thompson stated he was concerned with moving toward higher density. By having more density, it's tougher to remain environmentally sensitive and a beautiful place to live. Commissioner Ribbe commented that the homes built by Centex are very attractive and provide a sense of neighborhood. It also provides more affordable housing. Chairman Stulberg stated that the Metropolitan Livable Communities Act is not driving this application. He added that Northwest Plymouth is the appropriate area now where the community as a whole needs to decide whether to preserve rural land or executive home sites. Commissioner Bildsoe commented that density provides more affordable housing. He stated that in developing little pieces along the way, we create a hodge podge. He was concerned with this being so close to the northwest Plymouth area and how it would blend into the future plans for that area. Commissioner Berkowitz stated that it is appropriate zoning, but is troubled with it because the new ordinance has not been approved yet. Roll Call Vote. 6 Ayes. MOTION carried on a 6-1 Vote. (Commissioner Berkowitz voted Nay.) MOTION by Commissioner Spigner, seconded by Commissioner Bildsoe recommending approval of a Preliminary Plan/Plat for Janco, Inc. for property located at 4860 Peony Lane North. Planning Commission Minutes October 22, 1996 Page #258 05 40 3a MOTION to Amend by Commissioner Thompson, seconded by Commissioner Bildsoe to add a condition requiring an amended Landscape Plan for overstory trees to be located along the Soo Line Railroad at 35 foot spacing. Roll Call Vote. 7 Ayes. MOTION approved unanimously. Roll Call Vote on Main MOTION. 7 Ayes. MOTION carried unanimously. MOTION by Commissioner Spigner, seconded by Commissioner Stoebner recommending approval of Zoning Ordinance Variances for Janco, Inc. for property located at 4860 Peony Lane North. Commissioner Berkowitz stated that he was concerned with the potential variance requests down the road because of the smaller lot sizes. Planning Supervisor Senness stated that with the revised plan, there is adequate room; therefore, no need for a variance. Director Hurlburt stated there shouldn't be any problems with fitting a house on those lots. Commissioner Stoebner asked if staff is supporting the application because the City is taking 20 feet on the other side. Planning Supervisor Senness replied that is one of the reasons for support. Roll Call Vote. 7 Ayes. MOTION carried unanimously. Chairman Stulberg called a recess at 9:56 p.m., and reconvened the meeting at 10:11 p.m. C. WESTURN CEDAR SUPPLY (96135) Chairman Stulberg introduced the request by Westum Cedar Supply for a Planned Unit Development and Conditional Use Permit to allow outside storage of roofing supplies for property located at 705 Highway 169 North. Planner Drill gave an overview of the October 15, 1996 staff report. Commissioner Bildsoe asked what happens if the Commission does not approve the applicant's request. He noted that it would seem appropriate to screen the western side of the site, as it opens up to an open area and pond in the back of Waterford Plaza. Commissioner Bildsoe stated that the proposed fence would just block off the view from the parking ramp. Commissioner Bildsoe also asked if the materials have to be stored below the fence line. Planner Drill replied that if the Commission does not approve the Conditional Use Permit, the applicant would be required to clear out the area. Planner Drill also stated that the vegetation along the west side of the site Planning Commission Minutes October 22, 1996 Page #259 -oL-3a provides some screening. Planner Drill added that the materials are to be stored below the fence line. Commissioner Thompson asked if there is anything that prevents them from letting- the vegetation die. Planner Drill replied negatively. Commissioner Spigner asked what the nature of the complaint was. She stated that the applicant should be at the meeting to answer questions. Planner Drill explained that the complaint was likely due to the appearance of the site and the materials that are stored outside. Director Hurlburt suggested that if the Commission wanted to continue the item, staff could take photos of the site for the next meeting. Commissioner Berkowitz asked that if the Commission approved the fence, would the party that made the complaint be satisfied. Chairman Stulberg opened the public hearing. MOTION by Commissioner Spigner, seconded by Commissioner Thompson to leave the public hearing open and table the item to the next meeting and direct staff to provide pictures of the site, and consider a fence along the west side of the building. Also, staff should inform the applicant to be present at the next meeting on November 12, 1996. Roll Call Vote. 5 ayes. MOTION carried on a 5-2 Vote. (Commissioner Ribbe and Chairman Stulberg voted Nay.) D. ELIM CARE, INC. (96137) Chairman Stulberg introduced the request by Elim Care, Inc. for a Land Use Guide Plan Amendment from IP (Planned Industrial) to LA -4 (High Density Residential), Rezoning from FRD (Future Restricted Development) to R-4 (High Density Residential) for approximately 74 acres and a Planned Unit Development Concept Plan for 348 senior independent living for -sale units and three industrial buildings on roughly 92 acres located at the northeast corner of County Road 101 and Medina Road. Planning Supervisor Senness gave an overview of the October 18, 1996 staff report. Commissioner Ribbe asked why staff is recommending an environmental review since the proposal leaves the wetlands alone. He stated that he didn't think it was necessary since an environmental review was not required on the adjacent Plymouth Ponds development. Planning Supervisor Senness explained that this proposal goes over the threshold and the formula requires an environmental -review. Planning Commission Minutes October 22, 1996 Page #260 Commissioner Thompson asked if an environmental review would be required for just the residential portion, or is it triggered because of three industrial buildings. Planning Supervisor Senness replied an environmental review would not be required on just the residential portion. Director Hurlburt stated the entire property has to be considered as a whole since it is under one ownership. Planning Supervisor Senness stated that the applicant does not intend to build the three industrial buildings yet, but as a whole, it would require an environmental review. Commissioner Thompson asked if the City can require an EAW since they are not going to build at this time, and asked why this is different from the Plymouth Ponds development. Commissioner Thompson wanted to know if this is a proposed project or just a concept plan. Director Hurlburt replied that it is concept plan, but we know they own it and they could sell it to another developer in the area. She stated that the City has enough information to do an EAW. If we segment and chop off the industrial portion, we are guilty of what we accused others of doing. Director Hurlburt continued that the residential portion alone is not that far off the threshold for requiring an EAW. By combining the industrial and residential, it will benefit everyone up front to look at it as a whole and the possible impact on the area. Commissioner Thompson asked if the City Attorney did an analysis to consider this a project. Director Hurlburt replied negatively, but staff doesn't foresee any interpretation problems. She stated that the earlier you do an EAW in the process, the better it is to get any potential issues out in the open. Commissioner Spigner commented that the City can't do anything about previous projects that were approved, so it's best to just move forward with the EAW. Commissioner Berkowitz asked if Parcel B is excluded from the reguiding. Planning Supervisor Senness replied affirmatively. Commissioner Berkowitz questioned what impact this potential development would have on the Leuer property regarding loading dock setbacks. Planning Supervisor Senness stated they will be able to share street access. There could be a building between the loading dock and the residential area. Director Hurlburt commented that the loading docks would be on the Holly Lane side. Commissioner Bildsoe asked if the 355 vacant acres of industrial land in the MUSA included the applicant's 74 acres. Director Hurlburt replied affirmatively. Chairman Stulberg asked if the Commission goes along with staffs' recommendation, will it go to City Council right away. Planning Supervisor Senness replied that it wouldn't go to City Council right away, it just would give the applicant a sense of what the current Planning Commission would go along with. Chairman Stulberg introduced Bob Dahl, representing the petitioner. Mr. Dahl stated that Elim operates facilities in seven communities. It has been their dream to do something different, such as a campus style with for -sale townhomes, and Planning Commission Minutes October 22, 1996 Page #261 assisted/congregate living units. No one in the state has this type of facility for aging in place. Their goal was to provide it all at one facility. Mr. Dahl stated that the land set aside for industrial was not what they wanted to do. If the application is approved, they have made arrangements to purchase an additional six acres from Glory of Christ Church. Mr. Dahl stated that they were required to show the three industrial buildings and because of that they are now being required to do an EAW. He stated that since they are a non-profit organization, they need to know if the Commission will go along with their proposal before they put money into an EAW. Commissioner Ribbe asked what their plans are for the 17.3 acres if they don't intend to build the industrial buildings. Mr. Dahl replied that if they have to have an industrial area, they will sell off that portion to another developer that specializes in industrial building. Commissioner Ribbe commented that in their previous application it was proposed to have residential next to a working farm, and he questioned whether that was a wise decision. Mr. Dahl replied that they don't know how long a working farm can continue to operate there. Their intention was to berm between the residential and the Leuer Farm, which would not be any different from berming industrial from the Leuer Farm. Commissioner Spigner asked why the buildings are shown if the applicant doesn't intend on building them. Director Hurlburt responded that since the land is under one ownership, the City requires a Sketch Plan as to how the rest of their property fits into the area, so staff can look at the land use relationship, utilities, etc. to see what the ultimate project will be. The City needs to see how any proposed roads would be shown on the plans to prevent any potential land -lock. Chairman Stulberg asked if an EAW would be required if the applicant had included the 17 acres in their proposal for reguiding. Planning Supervisor Senness replied affirmatively. Chairman Stulberg stated that if the applicant comes back with a proposal for what they want, an EAW would still be required. Mr. Dahl commented that they need a significant nod from the Commission as to if this plan is viable. Commissioner Spigner asked what the applicant will do if the Commission said the plan is not viable. Mr. Dahl responded that they will withdraw the application and sell the entire parcel. Commissioner Spigner asked if they would look for another piece of property in Plymouth. Director Hurlburt replied that there is not another parcel inside the MUSA. Commissioner Bildsoe asked the applicant why they don't take their chance with the City Council if the Commission votes against the project. Mr. Dahl responded that the City Council usually abides by the recommendation of the Planning Commission. Chairman Stulberg stated that the City Council does not always go by what the Planning Commission recommends. Mr. Dahl stated that he had talked with Planning Commission Minutes October 22, 1996 Page #262 City Councilmembers individually regarding their original application, but couldn't get enough support from them to go forward with their application. Chairman Stulberg introduced Tom Van Housen, representing the petitioner. Mr. Van Housen stated that they have always talked about 348 units. In that process they had to make an agreement to buy six acres from Glory of Christ Church to get their density up to meet their critical mass, to make it financially feasible. They increased the density on the congregate units. Commissioner Berkowitz asked if they would be satisfied with an indication to proceed with the project, and exactly what action they are requesting. Chairman Stulberg replied that they want to move forward with the Land Use Guide Plan Amendment. Commissioner Spigner asked if the Commission is considering the rezoning also. Chairman Stulberg replied negatively. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Gary Fishbeck of 3410 Lawndale Lane North. Mr. Fishbeck stated his preference for the site to be residential. He stated he would rather look at a residential site than industrial buildings. He stated that the land is more conducive to residential rather than industrial. Mr. Fishbeck commented that it is a mistake to require the industrial area of 17 acres. He stated that it should be residential, and it should also include the Leuer property. Chairman Stulberg introduced Dan Quarberg of 3420 Olive Lane North. Mr. Quarberg stated he does not agree with the industrial portion as Plymouth Ponds is already an eyesore. He stated that the Commission should learn from past mistakes, such as approving Plymouth Ponds, and the property should be all high density residential. Chairman Stulberg introduced Ron Hanson of 3260 Olive Lane North. Mr. Hanson stated his disapproval with the Plymouth Ponds development, and commented that this application should be all residential. Chairman Stulberg introduced Kevin Leuer of 4335 Weston Lane North. Mr. Leuer stated that he represents Leuer Farms, which has been in operation since 1891, and has no intention of going out of business. Mr. Leuer stated that farming is an active enterprise that is more compatible with an industrial site. He stated his concern for having residential next to a farming operation or an industrial area. Mr. Leuer asked if congregate living units would provide a tax base. Mr. Leuer stated that the plan for the property that borders the northern portion of the Leuer site looks good, but there still needs to be more buffering along the western portion of the Leuer property. Mr. Leuer Planning Commission Minutes October 22, 1996 Page #263 Z'3a commented that he would like to see a setback along the western portion of their site more absorbed by the Elim property. Mr. Leuer raised the following issues/comments. The Leuer parcel is approximately 344 foot by 1,480 feet long making it difficult to develop as industrial when it's abutting any residential property. There is a 300 foot setback for loading docks when industrial property adjoins residential property, which makes it more difficult to develop as industrial. There are additional screening requirements for both parking and rooftop equipment when the industrial property is adjacent to residential property. The extension of Holly Lane through the Leuer property should be reconfigured to minimize the impact on the Leuer property. The alignment of Lawndale Lane is not consistent with the other side of Medina Road, and thus poses a safety hazard. The City of Plymouth does not have an abundance of industrial land yet to be developed. The area was originally designed as industrial. Chairman Stulberg introduced Mary Leuer of 17435 Medina Road. Ms. Leuer stated that the applicant's property was reguided to industrial and asked where the people were at that time. Chairman Stulberg introduced Paul Halgren of 3500 Olive Lane North. Mr. Halgren commented that the proposed development is better than the Plymouth Ponds development. Mr. Halgren stated that if it were to remain industrial, it would impact the surrounding residents more than what Elim is proposing. Chairman Stulberg introduced David Sheffield of 3530 Olive Lane North. Mr. Sheffield stated that there is currently a lot of truck traffic from the Plymouth Ponds site. He stated that maybe Heather Run should never have been residential, but that can't be changed. Mr. Sheffield urged the Commission to make the right decision. Mr. Leuer asked if the public hearing would be left open. Chairman Stulberg replied that it is up to the Commission. Mr. Fishbeck commented that the proposed units look too dense. Commissioner Spigner suggested that the public hearing be closed. Chairman Stulberg closed the public hearing. Director Hurlburt stated that a detailed recommendation of the alignment of Lawndale Lane has not been made at this time. Planning Supervisor Senness stated that there has been a lot of industrial land developed this last year. There is a short-term shortage of residential land, but maybe a long-term shortage of industrial. The project would reduce the industrial supply. Director Planning Commission Minutes October 22, 1996 Page #264 2- 3a Hurlburt stated that there is a projected 10 -year supply of industrial land, and a three to four year supply of residential. Chairman Stulberg noted that there would be few sites available for industrial as northwest Plymouth is expanded. Planning Supervisor Senness pointed out the delineation line between residential and industrial, which follows the sewer line. In response to setback questions, Director Hurlburt stated that the setback is measured from the Leuer property line. Pertaining to the tax difference between not for profit and for profit, Planning Supervisor Senness replied that the petitioner hasn't determined if it will be apartments, or for -sale condominiums. Director Hurlburt stated they could pay less in taxes than privately owned property. Commissioner Ribbe asked how much property the applicant owns and when they purchased it. Mr. Dahl replied that they have owned 55 acres since the early 1970s. They purchased 36 acres from Hans Hagen a little over a year ago. Their intent has always been a retirement community. If approved, they will purchase an additional six acres. MOTION to approve by Commissioner Thompson, seconded by Commissioner Ribbe recommending approval of a Land Use Guide Plan Amendment, Planned Unit Development and Rezoning for Elim Care, Inc. for property located at the northeast corner of County Road 101 and Medina Road. Commissioner Stoebner asked if the motion is limited to 74 acres. Commissioner Thompson replied affirmatively. Commissioner Berkowitz stated he was planning on making a motion to approve a Land Use Guide Plan Amendment with no conditions attached to it, and tabling the rest of the request, pending the preparation of a resolution. Commissioner Thompson stated the Commission can do that without a resolution, eliminating everything pertaining the industrial buildings. Commissioner Ribbe stated the project fits the needs of the residents and would be an asset to the City. Commissioner Berkowitz stated when he voted against the proposal in April, it was due to the Leuer property. By eliminating the industrial buildings, options remain open. Roll Call Vote. 7 Ayes. MOTION carried unanimously. Planning Commission Minutes October 22, 1996 Page #265 ot 100 *?& Chairman Stulberg commented that as this application comes back before the Planning Commission, they will be very critical in looking at the transition between residential and industrial. The Leuer Farm and industry will continue on for a very long time. 8. NEW BUSINESS A. ZONING ORDINANCE UPDATE. Planning Supervisor Senness gave a summary of upcoming meeting dates. Director Hurlburt commented that the public hearing for the proposed Zoning Ordinance will be on November 12, 1996. MOTION by Commissioner Bildsoe, seconded by Commissioner Thompson to adjourn. Meeting adjourned at 12:00 a.m. MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447 DATE: October 4, 1996 TO: Mayor and City Councilmembers THROUGH: Dwight D. Johnson, City Manager FROM: Craig C. Gerdes, Director of Public Safety SUBJECT: TELEPHONE CALLS During the past few years as we have approached elections, City Councilmembers from time to time have received unusual telephone calls. In past years, these telephone calls have been unsettling and distasteful. While troubling, these calls tend not to be illegal. However, calls may establish a pattern that could lead to a form of harassment. If the calls are received on the City's voicemail system, it is less likely they would be considered harassment, unless there was a specific threat relayed in the call. If calls are received at home, the harassment threshold would be much easier to reach. In previous years, these calls have tapered off and stopped shortly after elections. I and other members of the Public Safety Department will assist you with any questions or concerns that you have regarding problem phone calls. Please contact me directly at 509-5161 if you have any questions or concerns. If I am unavailable, Investigative Sgt. Joel Franz will act as my backup. He can be reached at 509-5192. We have put together some information items that may be useful to you regarding this situation. This information is attached. Attachment CITY COUNCIL TELEPHONE CALL PROBLEM: If calls are received at home: Caller Ident flcatlon (Caller ID): The caller ID box which can be obtained through U.S. West or can be bought in a number of retail stores is a device which attaches to your phone. You must also activate the service through the phone company. When your phone rings, it will show where the call originates from giving the name and phone number. This will only work in areas where the service is available. You also have an option with this service of blocking all unidentified or anonymous callers. Customer Originated Trace (*57): Another feature that can be used is star (*) 57. When a harassing phone call is received and you wish to mark the call, simply hang up the phone, then immediately pick the receiver back up and press *57. This will automatically lock on to the last call. This is only on a per -call basis and will only lock onto the last call received. There is a $ 1.00 charge each time this service is used. Caller Ident(cation Blocking (*67): The caller making the harassing calls can block his identity on caller ID boxes by using *67, but the information is still available to the police if you use the *57 feature to mark the call. If the pattern of harassment is continual, a computer trace of the victim's phone can be arranged through U.S. West in Denver, Colorado. Any calls received would be locked on electronically. The phone owner must request the service through U.S. West, but only law enforcement agencies can receive the information on calls received. Call Rejection (*60): This feature allows customers to program into their line the telephone numbers of those calls they want to refuse. This feature can be programmed into the line before receiving the unwanted call or by activating the feature immediately after receiving the call and hanging up the receiver. When this feature is activated, the calling party will get a recording advising them that the called party is not receiving calls at this time. The above listed options are not available on your City voicemail system. If calls are received on City voicemail system: When you listen to your messages, you are given several options at the end of the message. In the case of these types of calls, please send a copy of the message to me. This is done by pressing the "G" (for give) or "4" key, then it will prompt you by asking who you would like to send the call to. Push in my extension, 5161. It will then give you an opportunity to record any comments to me you would like to include with the copy of the message. When you have finished recording the message, or if you do not want to send a message, hit the # key and then the "9" key. You will then be prompted that a copy of message and your comments have been sent. You are then given the options to keep or delete your copy of the message. rF s 3 4 L r �'j171O i :rS ,,� : � r�i' w t c' i` � Y'` y era `�'fA•►rw k`.al �'1•: +��� .� i�`7t t r �CITYfO)L� tr� '�ti �> 3400 PLY vIOU�H BOULEVARD �L 01 IAg 554 V • � c �` !r�-�r � 'i F�,� `�s� �' .e-±a'�;�t�1 � '.w('`y� M�W�j��e#! ' ':-�x'3�"�„�x��'��3 ; DATE: November 4, 1996 TO: Dwight Johnson, City Manager FROM: Craig C. Gerdes, Director of Public Safety ZA SUBJECT: CURRENT STATUS OF TRAIN WHISTLES As per your request, what follows are several bullets outlining the current status of the regulation of train whistles. • In 1994, Congress enacted the High -Speed Rail Development Act, which directs the Secretary of Transportation to promulgate regulations requiring the sounding of a locomotive horn at every crossing. • Such rules would preempt a municipality's regulation of the sounding of railroad audible warning devices. • The Secretary of Transportation and Federal Railroad Administration were supposed to complete their rulemaking process by November 2"d; however we were advised it was unlikely they would make that deadline. • Our City Attorneys have advised that until the Rules are promulgated we could conceivably charge the railroad, but they believe the railroad would challenge and the City would then be involved in a costly lawsuit which would likely be a waste of time and money based on the Act of Congress. • Andrea Poehler, from Campbell Knutson, was to check back for an update in November. We have a call in to her to see if she has any information yet. • When the Council and staff met with Rep. Ramstad in August, he indicated he would sponsor a bill giving authority back to municipalities to regulate whistle blowing. • Megan, from Rep. Ramstad's office informed us that he attempted to get this clause in the transportation appropriations bill. Several letters and phone calls were made to all members of this committee, including the ranking democrat Martin Sabo in an attempt to get all committee members to sign on to this concern. Only Rep. Luther was very cooperative and joined Ramstad's office in supporting the addition. She states it did not make it into the final bill. • Megan also stated she has been in contact with the Federal Railroad Administration regarding the rules. She states they informed her they expect the process to take until next year and then there is also a lengthy comment period. before they take effect. She states he is very understanding of the City's positions on this issue and part of what is taking so long is that they are attempting to come to a position which will work for both the railroad and the cities involved. • We do have both an address and telephone number for the Federal Railroad Administration if anyone wants to express their opinion on the issue or speak with them directly. Ken Lanman, 312-353-6203 Federal Railroad Administration AT1N: Docket #RSGC-7 400 - 7" Street SW Washington, DC 20590 Vcc: Kathy Lueckert, Asst City Mgr �'S a CITY OF PLYMOUTF+ FOR IMMEDIATE RELEASE CONTACT: Dan Faulkner, 509-5520 County Road 9 to Reopen to Traffic on November 15 . Motorists in Plymouth who have had to use alternate routes all summer due to construction on Co. Rd. 9 should be able to use Co. Rd. 9 again in mid-November. The segment of Co. Rd. 9 from Fernbrook Ln. to Polaris Ln which has been closed since May is slated to reopen Nov. 15. Hennepin County has been upgrading Co. Rd. 9 from two lanes to four lanes from I-494 to Polaris Ln. While the bulk of construction is slated to be completed by Nov. 15, the final layer of the pavement will not be put down until the spring of 1997. Depending on weather, the pedestrian/bike trails planned for each side of the road also may not be constructed until next spring. Landscaping will be done in the spring of 1997 under a separate contract. The final construction in 1997 will be done under traffic and the road will not be closed. . For more information on this project or information relating to any weather delays of the above schedule, call the Co. Rd. 9 Hotline at 509-5514. -30- A PLYMOUTH ABeautifulPlace?o Live 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (612) 509-5000 'i �4 L CITY OF PLYMOUTH+ FOR IMIv EDIATE RELEASE CONTACT: Dan Faulkner, 509-5520 November 7, 1996 Segment of West Medicine Lake Drive from 18th to 23rd Ave. Will Be Closed Nov. 12 -16 West Medicine Lake Drive between 18th Ave. N. and 23rd Ave. N. will be closed from Tues., Nov. 12 through Sat., Nov. 16. The road will be closed as part of a project realigning the road to the west. Closing the segment will permit the contractor to make final connections so that traffic may travel on the new road when it re -opens on Nov. 16. Motorists will need to use alternate routes duriing this time. The road realignment is part of a larger project to upgrade West Medicine Lake Park. By moving the road west, the city will be able to build a beach, pedestrian paths and other amenities. -30- PLYMOUTH A BeautijulTlace To Live 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPI-k.. Metropolitan Council Working for the Region, Planning for the Future November 1, 1996 Dear Local Government Official: This letter is to inform local units of government that five positions on the Metropolitan Parks and Open Space Commission expire in January 1997. The five positions are for Districts A, B, C and D (all of these districts are in Hennepin, Carver and Scott Counties), and the chair of the Commission, who is appointed at -large from anywhere within the seven -county metropolitan area. These appointments are governed under the Minnesota Open Appointments process administered by the Office of Secretary of State; therefore, interested individuals shouia contact the Secretary of State's Office at 297-5845 for an application form. Completed applications are also to be returned to the Secretary of State. The deadline for persons applying for these appointments is November 26, 1996. After receipt of the applications by the Secretary of State, the applications are forwarded to the Metropolitan Council. Applicants will be asked to appear at a public meeting conducted by a Metropolitan Council Appointments Committee to be interviewed. These public meetings will be held in January to allow for proper time to prepare for the hearings and avoid conflicts with the holiday season. The Metropolitan Council will also notify legislators in the affected districts of the names and backgrounds of the applicants and solicit the recommendations of these legislators. Following the public hearings, the Appointments Committee will meet to review the information and make recommendations on the appointments to the full Council. It is expected that the appointments will be made in February. The Metropolitan Council invites local units of government to participate in this appointments process and make recommendations to the Council on any of the appointments to be made. Local governments may wish to encourage citizens who have an interest in the work of the Metropolitan Parks and Open Space Commission to become applicants. Qualifications for membership are: applicants must be a resident of the commission district for which they are seeking appointment, and shall not during the terms of office hold the office of Metropolitan Council member, or be a member of any metropolitan agency, or hold any judicial office. If you have any questions about this appointment process, please call Julie Opsahl of the Council staff at 291-6630. Again, the Metropolitan Council encourages local units of governments to participate in this process and make recommendations on any of the appointments to be made. Sincerely, 230 East Fifth Street St. Paul, Minnesota 55101-1634 (612) 291-6359 Fax 291-6550 TDD/TI'Y 291-0904 Metro Info Line 229-3780 An Equal Opportunity Employer June 1995 -j5Q Metropolitan 'r"'K"` "" � Metropolitan 0-1. Council Commission"'r"r«" aYw«, � (a.. cw°•( Working for the Region. � j ---- Plning for the FutureFutureMembers and anI ♦NOXA CO. COIV«WS _ Districts �••N• « ' •.cell. •wl•.[ 10•t�il•a( l w.w aC•«Oi• E•a•[,f a.,t i � ----- YIwwGTY4r• 7 wwtf0«a• it le..1 .... T—WL l- l , I.C. a al+ IT. G.Q...4 t, "ifl .Owil•CiYtteeeW♦ _ taw• — to tOY IT w( .Y•wr Ci I 1 •K—ILO �•I•/e• r(w0ef• ff. C. ar •KT. G•.•...... 4 r•.V[Y I rK0«u�! a••l rn n« I fete /•N.K IT. •Yl +•GOwI• •• I I IaeewiwcTew i•�lt a\e•( I CAXV101 CO. cw•4u ,•s., C.4YfS CefT•44 ue•( otY«aa _ _ n reu.c / •� OAXOTA CO. �'{"•.aIG• Gn!11l �cQ'7j 1 G•I t• •l •SV« ........ •e •.Octet—pi i 0•wlG.!« 1 1•tN1 Iau«,; .«l•it. l at«row I 1 B -- rile• •.nt +•uv waweY.r H .wue[e ap I � T-- wYls.Iall a.ac wun.m • tori --- —J � -- —car. ^� 1 I I I rt••Ilauow � I / I �x.woc.u. I sl+i«aa•+t I cwlo,r i uaaau t«�.t I l l I rs«.« � i l u•lw .� runwan. I +tt+nue. 1 l Iete•w SCOTT CO. I I .alt a.Lr I � I .•....•ur I I r� Cwi• rua n•.n[r I all. n••w. I ,nt«. I I °" I � c4o•• l.0 [wa. asn[ •a• ris u I I 1 ....row I oouct•s I I � ��•• I I I I I �T••eel/r "K[s s W. to za is e•e[w•nl jw.rl••o'o � � , . � sero•• Metropolitan Parks and Open Space Chair. Edward Gale District: A Kirk Schnitker E Ron Scott B Janet McMillan F Thomas T. Dwight C Michael Bosanko G Trudy Dunham D Barbara Johnson H Lois Swanson Note: The eight districts on this map are based on the 16 Metropolitan Council districts. Each commission district is comprised of two districts, as follows. District A, districts l Sc 2; l3, 1 k4; C, 5 &6; D, 7& 8; E, 93c to; F, l l & 12; C, 13 & I.1; H. 15,1k 16. (� s•ne• I •woo•, I CM•rrliw .•/lea uwe a•an ,wt G,ew 4uwl C{wf •Illi � I A I uu.c*eJ " r<utt. .IYtI wASN!N6TON CO. .•rlw.itlal CO•t0.•• r•/a. OaO•( �� 4 Iw 27 ---- aeon r. /ua ItINtI ss Q+fin it il••' },> J I inllw•rt• OCa10.e NENNEPIN CO. I4•oo arw .lwia• ..•.. 1 i� .e.I l .^-f epu•a K•Ie o. aIt«fa, s 7 , F nrti:.rt Qaa+ora t)ta •ea � �» ue./u0lwc. +leu• /ar+,Yrw «ori(r, � to :t s liRa[� IL _ as � I�I . • a•.rnw« cxsaw . utT D tI cl •••�treee eus•u r ii+e .-[S� owc a•a e.a.e •T l J . I IIANSET CO. l•.ta.«0 , ! a•atl••• ----- YIwwGTY4r• 7 wwtf0«a• it le..1 .... T—WL l- l , I.C. a al+ IT. G.Q...4 t, "ifl .Owil•CiYtteeeW♦ _ taw• — to tOY IT w( .Y•wr Ci I 1 •K—ILO �•I•/e• r(w0ef• ff. C. ar •KT. G•.•...... 4 r•.V[Y I rK0«u�! a••l rn n« I fete /•N.K IT. •Yl +•GOwI• •• I I IaeewiwcTew i•�lt a\e•( I CAXV101 CO. cw•4u ,•s., C.4YfS CefT•44 ue•( otY«aa _ _ n reu.c / •� OAXOTA CO. �'{"•.aIG• Gn!11l �cQ'7j 1 G•I t• •l •SV« ........ •e •.Octet—pi i 0•wlG.!« 1 1•tN1 Iau«,; .«l•it. l at«row I 1 B -- rile• •.nt +•uv waweY.r H .wue[e ap I � T-- wYls.Iall a.ac wun.m • tori --- —J � -- —car. ^� 1 I I I rt••Ilauow � I / I �x.woc.u. I sl+i«aa•+t I cwlo,r i uaaau t«�.t I l l I rs«.« � i l u•lw .� runwan. I +tt+nue. 1 l Iete•w SCOTT CO. I I .alt a.Lr I � I .•....•ur I I r� Cwi• rua n•.n[r I all. n••w. I ,nt«. I I °" I � c4o•• l.0 [wa. asn[ •a• ris u I I 1 ....row I oouct•s I I � ��•• I I I I I �T••eel/r "K[s s W. to za is e•e[w•nl jw.rl••o'o � � , . � sero•• Metropolitan Parks and Open Space Chair. Edward Gale District: A Kirk Schnitker E Ron Scott B Janet McMillan F Thomas T. Dwight C Michael Bosanko G Trudy Dunham D Barbara Johnson H Lois Swanson Note: The eight districts on this map are based on the 16 Metropolitan Council districts. Each commission district is comprised of two districts, as follows. District A, districts l Sc 2; l3, 1 k4; C, 5 &6; D, 7& 8; E, 93c to; F, l l & 12; C, 13 & I.1; H. 15,1k 16. Ga CITY OF PLYMOUTI+ November 6, 1996 Kayla Kellen 202 Trails Street Wheaton, MN 56296 Dear Kayla: I received your letter inquiring whether Plymouth experiences a problem with deer in people's backyards. We do have some problems with this in Plymouth, but the only recommendation we have found for our citizens is fencing. The larger problem we deal with in Public Safety is the problem with deer and vehicle accidents. In the late 1980's and early 1.990's this problem was discussed as the number of accidents rose to a high of 140 in one year and the size of the deer herd grew to its peak of 477 and 1992. In the fall of 1992, our City staff recommended and the Council approved participation in the Minnesota Department of Natural Resources' deer bow hunt in certain parcels in the northwest quadrant of Plymouth. We have continued the hunt each year since 1992. As you can see from the attached charts, the size of the deer herd did not grow that year, but stayed essentially the same size, then started decreasing. The number of deer and vehicle accidents began going downward and was at 90 for the year in 1995. I hope this information was helpful for your school project. Thank you for your interest. Sincerely, 4Dirctor .� G rdes of Public Safety PLYMOUTH POLICE DEPARTMENT be -- PLYMOUTH A Beautifu(AaceTo Live I -c a CITY OF PLYMOUTH DEER VS �" MOTOR VEHICLE ACCIDENTS YEAR TOTAL % chg 1986 140 0% 1987 140 0% 1988 139 -1% 1989 131 -6% 1990 127 -3% 1991 115 -9% 1992 134 17% 1993 79 -41% 1994 92 16% 1995 90 -2% CITY OF PLYMOUTH AERIAL DEER SURVEYS YEAR # OF DEER 1984 195 1988 255 1991 261 1992 477 1993 478 1994 361 1996 320 # OF DEER 500- 450-- 400-- 350- 300-- 250-- 200, 00450400350300250200 150 100 50 0 c N M �p C) CD coC)C)rn rn rn Mayor of Plymouth 3400 Plymouth Blvd. Plymouth MN, 55441 Dear Mayor of Plymouth: 202 Trails St. Wheaton MN, 56296 October 23, 1996 Our 9th grade class of Wheaton mN, is taking a survey of places where there are problems with deer coming in peoples' backyards. We were wondering if your city has a problem with this. If you do or did how have you handled this problem? We would appreciate it if you would send us information on this problem and how you handled it. THANK YOU! Sincerely, Kayla Kellen November 6, 1996 The Honorable Joy Tierney Mayor City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mayor Tierney: There is a severe problem at the intersection of County Road 73 and Sunset Trail in Plymouth that needs the immediate attention of the Plymouth city officials. This three way intersection is in need of stop signs or stop lights to control traffic. The curve of the road, and the lack of traffic direction makes this intersection especially dangerous. Last week I observed a driver who nearly had a head-on collision with cars that failed to stop before turning onto County Road 73. Simple stop signs at all three locations would drastically reduce the chances of an accident. Furthermore, with the opening of the new mall at the intersection of County Road 73 and 394, traffic is likely to increase substantially at this intersection, adding additional risks, if nothing is done. The solution of adding stop signs at this intersection is a low cost answer to providing greater safety to our neighborhood. I urge you to bring this matter before the proper officials so we can have a properly marked intersection before the first snowfall. I look forward to your prompt response. My home address and telephone number are as follows: 405 Cottonwood Lane North Plymouth, MN 55441 Sincerel*i-mm— 2P.S. Vr'tt an Witk If you wish to observe the problem yourself, the hazardous intersection is to the side of the Apostolic Lutheran Church at Country Road 73 and Sunset Trail (approximately one block south of Highway 55). Interchange Tower 600 Highway 169 South Suite 1225 !Minneapolis, Minnesota 55426 INA November 8, 1996 Dan Witkowski 405 Cottonwood Lane Plymouth, MN 55441 SUBJECT: COUNTY ROAD 73 Dear Dan: CITY OF PLYMOUTI+ Your letter to Mayor Joy Tierney concerning the intersection of County Road 73 and Sunset Trail has been referred to me for response. The issue you are addressing is on County Road 73 which is under the jurisdiction of Hennepin County since it is a County road. The city street, Sunset Trail, is required to stop at this intersection. Attached is a copy of a letter which I have sent to Hennepin County requesting that they investigate this issue and respond to you. Sincerely, �4 Fred G. Moore, P.E. Director of Public Works enclosure cc: Craig Gerdes, Director of Public Safety VKathy Lueckert, Assistant City Manager C/R File 96-59 Tom Johnson, Hennepin County Dept. of. Public Works PLYMOUTH .1 Beauti/ul P[aee'Tv Live n�nn n VKOnIIru On III evnon of VAWAV T, ...,.,.-:,.T. —.,\CkvohAveHAEN6\G6NF.QwIHTwneaPnwianr.�.bM,e T-�6 November 8, 1996 u1v OF PLYMOUTF+ Tom Johnson Director of Transp. Planning HENN COUNTY DEPT. OF PUBLIC WORKS. 320 Washington Ave. South Hopkins, MN 55343-8468 SUBJECT: COUNTY ROAD 73 Dear Tom: Attached is a letter from Dan Witkowski that the City received concerning the intersection of County Road 73 with Sunset Trail. Sunset Trail, the local city street, is required to stop for County Road 73 at this intersection. At this intersection, County Road 73 makes a 45 degree bend. Since the issue which Mr. Witkowski is addressing is on County Road 73, I am requesting that Hennepin County investigate this matter and respond to him. If you have any questions, please do not hesitate to contact me. Sincerely, Fred G. Moore, P.E. Director of Public Works enclosure PLYMOUTH A'Beau tiful Place'rr Live I- GG Helen LaFave From: Eric Blank To: Patrick McKee Cc: Helen LaFave; Rick Busch Subject: RE: Mission Hills Park Date: Monday, November 04, 1996 3:43PM I received your e-mail outlining your additional questions. I'm not a great e-mail person and would prefer to discuss this matter with you personally. Please forward your phone number to me so that I can call you and arrange a meeting with you. I will be out of the office the rest of this week and City Hall is closed on Monday, the 11th. My number is 509-5201, if you would like to contact me. From: Patrick McKee[SMTP:skyway@skypoint.com] Sent: Friday, November 01, 1996 7:52 AM To: Eric Blank Cc: Helen LaFave; Rick Busch Subject: Re: Mission Hills Park Hello Eric, Thank you for your response. I do have some further questions and comments to add to my original e-mail. I will try to put them in perspective with your e-mail text. On Thu, 31 Oct 1996, Eric Blank wrote: > Dear Mr. McKee: [park history deleted] > area. For most of the last 16 years, it has quietly served this function > very well. However, in the last couple of years, the growth of youth > soccer on the east side of Plymouth has skyrocketed, well beyond our Is this due to the rise in the Plymouth -New Hope Sport League? It is my understanding that this league predominately utilizes the east side parks and is comprised of both New Hope and Plymouth residents. Is this the case here? The reason I bring this issue up is that during my investigation of this matter I learned of this unbalanced relationship that exists between Plymouth and New Hope. Correct me if I am wrong. I recently discovered that this league or leagues currently provides the youths of New Hope with access to our parks and playfields for their activities. Now it is my understanding that the New Hope residents do not re-imburse the city of Plymouth for this priviledge and that the residents of Plymouth fully support this activity by increased taxes and HIGHER league dues. This is where some of my concern is focused. The league dues are paid to New Hope and not to Plymouth, is that correct? If no money is being paid by the New Hope residents to Plymouth does this mean that we as Page 1 residents will continue to carry the full burden? 2-4CO > means to establish organized athletic complexes. We play games currently > at Plymouth Middle School, Pilgrim Lane Elementary, Zachary Lane > Elementary and Zachary Park. Once these established athletic sites were These parks are. not in use during the times that the teams play in Mission Hills, I have checked. > full, it was necessary for us to look for other areas to complete the > program. Most recently, there were 17 games of Under 8 children playing > soccer at the park. These are predominantly six and seven year olds who There were a few more than the stated 17 games played. Three (3) games during the week and two (2) on saturday for approx. 6 weeks = 30 games. Perhaps they used the park for other games without permission? Specific question here; Were these teams a part of the Plymouth -New Hope leagues? If so, how many Plymouth residents were actually on these teams? I am sure that you have these numbers and I would be gratefull to see the actual ratios that existed. > live in the general area of Mission Hills Park. How general? New Hope? > We are now at the point where demand is exceeding our ability to provide > facilities for the short term. We do have some new facilities under > construction in the newly developed western half of Plymouth. When these Will this affect this eastern Plymouth- New Hope League? I have a feeling that it will not. > facilities are completed in the next year, we will be able to shuffle > some programs and spaces to hopefully alleviate this problem in the > future. It is my hope that by the summer and fall of '98, we will be able > to eliminate most of the play at the Mission Park area. Most? Not all. Hmmm... that sounds like more plans are being made. >The park area is > designated as an area where a local mom or dad coaching kids within the > walking neighborhood could hold an informal practice, but as a general Let's not forget, kite flying or an informal ball game by local (plymouth) youths. Each of these activities was displaced during these games and since they were played at the prime times, ie. after work on weekdays and on saturday morning, the local residents lost out. > rule, we don't want to schedule games there unless there is an unusual > circumstance. Page 2 What was the unusual circumstance? The other parks had plenty of fields available. I checked Zachary Lane elementary and the playfield directly opposite and they were EMPTY. > I have not received any other calls or letters on this issue from your > neighbors, and I hope that these six and seven year olds, along with > their parents, do not become a burden to the local residents. Lets talk about this issue a bit. My property directly abutts the park. There are only a handful of houses that actually do abutt this part of the park. It is very noisy and disturbing. If the recent, meetings on the zoning ordinance are any indicator I would have to say that most people do not fully realize how to interact with the city and that they only need a little prodding in order to voice their concern. Consider me a prod. > I have asked my staff to review this situation carefully to monitor it > and to adjust our schedules whenever possible to avoid having programs > such as this taking place in our neighborhood parks. We will do our very > best to keep the usage of this park to a bare minimum. Upon calling your office on my first initial inquiry back in Sept. I spoke to an assistant who seemed very displeased at my call. Why? I have no idea what I said, I was very nice. She grunted and sighed and said rather caustically that I was the only one who called and it really did not matter as they (the city) could use the park for whatever purpose it so deemed. Without knowing it she prompted me to further investigate this matter. There are several issues here that I feel need to be addressed and if I lack support now I am sure that I can get support should the need arise. > Thank you for your time and interest in this matter. If you wish to talk > with me further about this, I can be reached at 509-5201. 1 shall call you soon to at least put a voice to the messenger and so that we may talk and you can see that I really am a nice person who is concerned for the quality of life that we enjoy here in Plymouth. thank you for your time. Patrick McKee > cc: City Council > Park Commission Page 3 Helen LaFave From: Eric Blank To: Karl Burkum Cc: Helen LaFave Subject: RE: County Road 61 Trail Date: Monday, November 04, 1996 3:30PM Hennepin Parks is working on a proposal to extend the Luce Line trail from 494 east to Theodore Wirth Park in Minneapolis. It's possible the stretch from 494 to West Medicine Lake Drive may be under construction next year. From: Karl Burkum[SMTP:Karl.Burkum@novusmkt.com] Sent: Monday, November 04,1996 11:06 AM To: Eric Blank Subject: RE: County Road 61 Trail Importance: High Thanks for the great response. I appreciate your time and consideration. We currently live in the Townhomes by the trail you are putting in right now along Xenium between Rockford Road and N.W. Blvd. - great addition. Based on your comments below, is the Luce Line going to be extended to West Medicine Lake road? I think this is what you meant, but can you confirm this. Thanks again! Karl Burkum karl.burkum@novusmkt.com From: Eric Blank To: 'Karl.Burkum 0 novusmkt.com' Cc: Helen LaFave Subject: County Road 61 Trail Date: Monday, November 04, 1996 11:10AM Thank you for your e-mail with regard to the County Road 61 trail. We have discussed the idea of adding trails on Northwest Boulevard many times in the past and believe that this is something that will happen someday. The southerly piece that we have under construction at this time was meant to link the Luce Line trail on the north to the Park and Ride lot and Ridgedale Center on the south end. Currently, we have too many needs for trails in residential areas that need to take priority over a trail up through the industrial park. For your information, in the future, you will be able to get on the Luce Line trail at West Medicine Lake Drive and just east of the bridges on Highway 55 that the railroad tracks go under. We are also studying the possibility of extending the trail on Northwest Boulevard from Heritage Park further to the south to gain access to the MacDonald's and other Page 1 2 -Gd future restaurants and retail that may develop at that intersection. A copy of your suggestion will also be forwarded to the Park and Recreation Advisory Commission and the City Council. Thank you for your time and interest in this subject. If you wish to discuss it with me further, I can be reached at 509-5201. Page 2 Z-6 00CDCD N XX :; O O O O O O O O O00 CD O CN en en en CD CD iiEi#>E?•!':�:,:f: �C �O � �C �G �C �C �O �O �O �O �O �O ON ON O\ ON ON O\ Q\ O*, �G N M 00 O\ O� O O XX ON N N N N N N M M p� ON O O O O O O O O O O .�y O\ ON CN O\ ON O\ O\ ON ON O\ m O\ ON CON Ile N ` ...4 .--i .--i .—, --, � N N N N N O O O O O 000 O O O O Occ"4 10cd o� v 0 0 G>: ' .............. x A as �? d d V7 VY V1 V1 V7 V7 i- 6 STEVEN G. LOE #4 WATERTOWER PLACE 43(X) BAKER ROAD MINNETONKA. NN 55343 (612) 932-9885 October 28, 1996 Mr. Doug Bryant, Director Hennepin County Parks 12615 County Road 9 Plymouth, MN 55441 Dear Doug: I'm writing to express my support for you and Eric Blank at the City of Plymouth for the East Medicine Lake Trail. I heard through the grapevine that the minority opposition to the trail is quite vocal. As you respond to those people please remain positive as you know that the vast majority of us that live adjacent to the proposed trail enthusiastically support it. It is an area that is long overdue for a clean up and because "they don't make lake shore anymore" the trail concept will allow generations to enjoy the beauty of the lake. You and your predecessors have fought these battles many times before for the long-term good of the community. At least in this situation most of the lake shore is public road to start and only a few condemnations have to take place. Please let me know if I'can help with the process. Sincerely, Steven G. Loe Cc: Eric Blank, City of Plymouth 4 4 Attorneys at Law ROBERT A. AISOP BRUCE M.BATTERSON RONALD H. BATTY STEPHEN J. BUBUL JOHN B. DEAN DANIEL J. GREENSWEIG DAVID J. KENNEDY CHARLES L. LEFEVERE JOHN M. LEFEVRE, JR. ROBERT J. LINDALL ROBERT C. LONG JAMES M. STROMMEN CORRINE H. THOMSON TO: FROM: DATE: RE: KENNEDY & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 (612) 337.9300 Cf� 4, 4� R , Facsimile (612) 337.9310 WRITER'S DIRECT DIAL 337.9215 MEMORANDUM JAMES J. THOMSON LARRY M. WERTHEIM BONNIE L. WILKINS JOE Y. YANG DAVID L. GRAVEN (1929.1991) OF COUNSEL ROBERT C. CARLSON ROBERT L. DAVIDSON WELLINGTON H. LAW FLOYD B. OLSON CURTIS A. PEARSON T. JAY SALMEN All City Managers or Administrators, City Attorneys, and Police Chiefs of Defendant Cities in the Case of Starks & Fields v. MPRS, and MPRS Directors Charlie LeFevere C5- November 12, 1996 Starks & Fields v. MPRS, et al.; Order of the Court dated November 7, 1996 We have finally received the final order of the court in the case of Starks & Fields vs. MPRS, et al. A copy of the order and accompanying memorandum is attached. As you will recall the trial of this case was bifurcated, or divided, into two parts. The first part of the trial dealt with the question whether the MPRS testing process was lawful. The court issued its order on that question on October 5, 1994, in which the court ruled that the MPRS testing process violated the State Human Rights Act. The second part of the trial dealt with questions of monetary damages for the plaintiffs and other remedies. On November 27, 1995, following the second part of the trial, the court issued its order which required, among other things that the defendants submit a proposed hiring commitment and affirmative action program and that the plaintiffs submit their request for costs and attorneys fees. All of these proceedings have been completed, and the attached order reflects the court's final determination on all issues. Those of us who participated in the first part of the trial felt that it went very well; and we were surprised and disappointed at the final result. The order of the court of October 5, 1994 was highly critical of the MPRS testing process. Given the tone of that order, the final result of the case is substantially better than might have been expected. It may be helpful to summarize the final results of the case and issues which remain to be considered by the defendants. I. THE MPRS TESTING PROCESS i Although the court's order of October 5, 1994 contains a detailed and lengthy description of all of the shortcomings of the MPRS testing process, the attached order concludes that the test will be lawful if certain minor changes are made. A. Use of the AP Predictor. The first change in the MPRS testing process ordered by the court is the elimination of the AP predictor. The AP predictor was one of three test scores generated in the testing process. It was derived from scores on the Watson Glaser Critical Thinking Appraisal Test and a math test. The AP predictor score was used only as a pass -fail predictor and was not used to compute the overall score of an applicant. In other words, an applicant had to achieve a satisfactory score on the Watson Glaser and math test to pass. An applicant who did not achieve a satisfactory score failed the test; but an applicant who did achieve a satisfactory score on all three predictors was given a score based on the other two predictors. Therefore eliminating the AP predictor will not affect the MPRS test scoring process. This part of the court's order is somewhat surprising because the evidence showed that the AP predictor, as used in the MPRS testing process, has not had an adverse impact on African Americans. That is, if the AP predictor had never been used, the success rate of African Americans would not have been any better. Although the court's order does not explicitly explain why the use of the AP predictor should be discontinued, the judge apparently felt that the adverse impact of the test on African Americans might be reduced in the future because the tests which are used to derive the AP predictor scores are cognitive tests, and the evidence was undisputed that African Americans do achieve scores as high as whites on cognitive tests. B. Use of cut scores. Before the trial, the MPRS testing process was a pass -fail test. Applicants who did not achieve certain scores failed the test and were not able to continue in the selection process. Those who did pass the test were given a score and were added to the eligibility roster. I believe that the evidence at trial clearly demonstrated that the cut scores were set at reasonable levels. In fact I can recall no evidence to the contrary. Nevertheless the judge was obviously troubled by the fact that the use of cut scores resulted in a disproportionate number of African Americans being eliminated from further consideration. The elimination of cut scores will mean that all candidates will be given a score and placed on the eligibility roster; but obviously those who would otherwise have failed the test will have very low scores. 2 C. Elimination of offensive questions. Finally the court has ordered that certain questions be eliminated from the test. These questions appear in the Watson Glaser test and contain the word "Negro". The court found that these questions were offensive. The court is critical of the refusal of the MPRS to change the form of the Watson Glaser test after the offensive nature of these questions was called to their attention. The defendant cities should be apprised of the fact that this criticism is unwarranted, and appears to be based on an error on the part of the court. There was no evidence presented at trial that the MPRS continued to use the test with the offensive questions. In fact, the first time anyone objected to these questions, and before the trial, the MPRS switched to another form of the Watson Glaser test which did not contain these questions and which plaintiff Starks admitted was not offensive. These facts were presented at trial, and there was no evidence to the contrary. Therefore it is difficult to understand why the court concluded that the MPRS deliberately and willfully determined not to change the test. Nevertheless, even if the court had correctly understood the evidence, it would not have changed the result (except, possibly, with respect to the award of punitive damages), because the issue before the court was the legality of the test being used before the suit was commenced. D. The MPRS testing process generally,. The differences between the MPRS testing process which was found to be unlawful in the court's order of October 5, 1994 and the modified testing process which the court has now determined to be lawful are therefore not particularly significant. If the MPRS members wished to continue to use the testing process, they could do so. The court concludes on page 14 of the attached memorandum that the modified procedure is lawful provided certain "currency and monitoring requirements are satisfied". These requirements are simply the standing requirements of the EEOC guidelines, which would be applicable to any employee selection process. II. DAMAGES AWARD. Plaintiffs sought punitive damages, back pay, front pay, and damages for emotional distress in the total amount of $3,073,402. The total amount awarded was $173,688; that is less than 6% of the amount sought by plaintiff. III. COSTS AND ATTORNEYS FEES. Plaintiffs sought reimbursement of litigation costs of $113,919.02 and were awarded $108,869.81. They also sought attorneys fees in the amount of $660,648.60. The award of the court is $303,867.27 or less than half of the amount sought. IV. PAYMENT OF DAMAGES, COSTS AND ATTORNEYS FEES The total amount of damages, costs and attorneys fees awarded, ($586,425.08) is only 3 f 15% of the $3,847,969 requested. If the plaintiffs had been awarded the full amount which they sought, the average costs per city would have been $106,888. We were successful in reducing this to an average cost per city of $16,290. (The costs will actually be slightly higher than those amounts because interest accrues on the compensatory and punitive damages from November 27, 1995 and on costs and attorneys fees from November 11, 1996, until paid.) V. HIRING COMMITMENT In the court's order of November 27, 1995, the defendant cities were ordered to make a reasonable commitment for hiring of minorities. The cities did not propose a specified number of minorities who would be hired but rather suggested that the cities would continue to maintain the affirmative action program which the cities submitted until the ratio of the number of African Americans hired since 1979 to the number of African American applicants equalled or exceeded the ratio of the number of whites hired to the number of white applicants during the same period. The plaintiffs sought a much more aggressive hiring order which would have been extremely difficult for the cities to achieve. The court accepted the cities' proposal with two modifications. The first relates to the data base used to determine whether this minority hiring requirement has been met. We requested that the data base from the MPRS be used because it would be the most representative and would be more practical to administer. The court's order, however, requires the cities to combine the applicant and hiring statistics of all of the defendant cities. The court's order is not surprising in this regard, but it will require that the cities establish some unified mechanism for data collection and reporting. The second modification to our proposal is that a deadline is imposed for meeting this requirement which is seven years from the date of the order. As of the end of 1993 the defendant cities were within one-half of one African American of meeting this requirement and within one and one-half of one person of meeting the requirement for other minorities. Therefore, if the cities continue to pursue reasonable affirmative action efforts, this requirement should be achievable. It should be noted that this case was brought by two African Americans who claimed that the MPRS testing process had an adverse impact on African Americans. The evidence at trial, and the court's findings, relate to the impact of the testing process on African Americans. Therefore it is somewhat curious that the court ordered remedies are extended to minorities in general. On one hand this may create an appealable issue because the remedies ordered by the court exceed the necessities of remedying the effects of past discrimination which were found by the court. On the other hand, expanding the remedies to include all minorities may be helpful because it will afford the cities more opportunities to meet the court's hiring requirement. (Historically there have been about two times as many other minority applicants as African American applicants.) VI. AFFIRMATIVE ACTION PROGRAM. In its order of November 27, 1995, the court ordered the defendant cities to propose a program to disseminate information on law enforcement careers and to create cadet type programs and offer positions in such programs to minority candidates. In response to that order, 4 the defendant cities (with the exception of Brooklyn Park and Mendota Heights) collectively submitted an Affirmative Action Program. The court's response to the proposals of Brooklyn Park and Mendota Heights is found at page 13 of the order. With respect to the program submitted by the other cities, the court found the proposal generally acceptable with certain modifications discussed on pages 10-13 of the order. These include: 1. expansion of reach -out efforts to inner city schools and organizations (which was already part of the proposal); 2. adding certain minority organizations' periodicals and radio stations to the lists of such organizations already included in the program; 3. extending offers of employment, for related entry level positions such as cadets, CSO's, interns and the like, to interested and eligible minority positions; and 4. annual reports to the court demonstrating such affirmative action efforts. Three cities were identified with proposed programs which were included in the Affirmative Action Program but which would require supplementation to satisfy the court. Other cities identified employment positions which could be used to satisfy the court's requirement for cadet or CSO type positions. These included interns, paramedics, reserves, explorers, bike patrol officers, crime prevention specialists and security guards. No such positions were identified by the cities of Ramsey, St. James or Wayzata. These cities should carefully review the order and consider submitting a supplement to the Affirmative Action Program by December 7, 1996. In general, the cities' Affirmative Action Program was found acceptable by the court. The actual implementation of that plan and the establishment of record keeping and reporting procedures to document such implementation will be a substantial undertaking and should receive the prompt attention of all of the defendant cities which were included in the program. VII. CIVIL PENALTY. The court's order of November 6, 1995 required the cities to pay "...a statutory penalty in the amount of $300,000 to the State of Minnesota, or in lieu of such penalty [establish] a reasonable minority race hiring commitment satisfactory to the court." Thus it appeared that the $300,000 penalty was linked to the hiring commitment. However, in the attached order, paragraph 14C, page 5, the court states that the adverse impact of the MPRS testing process can be reasonably remedied by, among other things "paying a statutory penalty in the amount of $300,000 to the State of Minnesota, which penalty shall be suspended pending compliance with the remedial provisions of this order." And at paragraph 7 on page 14 the court states that the penalty is stayed, but will be imposed up to $300,000 for failure to comply with clauses 4 (dealing with changes to the MPRS testing process), 5 (dealing with the affirmative action program) or 6 (meeting the hiring commitment by November 1, 2003.) Therefore the $300,000 penalty or some lesser amount, could be imposed for failing to comply with any part of the order. 5 After receipt of the order of November 27, 1995, representatives of some cities suggested that they might be better off to pay the $300,000 to get out from under the court's ongoing oversight and jurisdiction, payment of attorneys fees, expert fees and the like. One of the reasons for deciding not simply to pay the penalty was that it was limited only to the hiring commitment. Therefore even if the penalty were paid, the cities would be subject to continuing oversight and supervision by the court in test administration and affirmative action. Now, however, it appears that the statutory penalty is linked to all of the remedial parts of the order. Therefore the cities may wish to reconsider whether they wish to simply pay the $300,000, discontinue the use of the MPRS test and be done with the entire case. It is possible, of course, that despite substantial efforts and expenditures to comply with the court's order, the cities' efforts will eventually be found inadequate and the penalty will be imposed at a later date. On the other hand, $300,000 is a substantial sum, even when divided among 36 cities; there may be public relations implications to paying the penalty; and the affirmative action efforts described in the Affirmative Action Program may be something the cities would wish to undertake even if they were not under court order to do so. If the cities wished to pay the penalty it would be highly desirable for all cities to agree to do so in advance and agree upon a formula for allocation of this cost among the defendants: The allocation resolution proposed by the MPRS which most cities have approved does not contemplate the voluntary payment of the statutory penalty, and I would not expect the judge to be particularly cooperative to letting any one city off the remedies hook by paying some smaller part of the $300,000 penalty. VII. OTHER ISSUES. Certain parts of the order are not entirely clear to me. After consultation with the MPRS Executive Committee or Litigation Committee, we may wish to seek further clarification of the order. Among the questions about which I am uncertain of the court's intent are: A. whether the obligation of the cities to meet the hiring commitment and to continue affirmative action efforts may be terminated as soon as the ratio is achieved or the cities will be required to continue these efforts, having their success or failure judged in the year 2003; B. whether the order for affirmative action and the hiring commitment was in fact intended to cover all minorities and not only African Americans; C. if the hiring commitment does apply to all minorities, whether the cities would be released upon achieving a parity in hiring rates for all minorities even if the hiring rate for African Americans is not at that level; and D. whether the obligation described in the order to identify minority persons and extend to them offers of CSO or cadet type positions is intended to require the cities to engage in racial preference hiring or merely to use their best efforts to expand the number of minority candidates in the pool of applicants for those z positions. (If it is the former the cities may be exposed to liability for race conscious hiring of minorities other than African Americans. The court's order would not protect such practices if they were not demonstrably necessary to remedy the effects of past discrimination.) Other issues which need clarification may arise as the defendants have an opportunity to review and consider the order. I expect that the MPRS Executive Committee will be meeting in the near future to consider this order, and each of the cities will receive notice from the MPRS of a meeting to discuss it as soon as a time and place is established. In the meantime please feel free to call me if you have any questions. 7 DATE: November 8, 1996 TO: Mayor and City Council FROM: Dwight D. Johnson, City Manager SUBJECT: Summary of Events New Gym at Armstrong High School. Discussions have proceeded easily and quickly with Robbinsdale School District officials on the idea of a joint project to add a new gym area to Armstrong High School. The City Attorney's office has drafted a joint powers agreement and it appears that we are 95% agreed on its provisions already. As discussed at our Capital Improvements Subcommittee and our last Special Council meeting on the budget, we have developed a plan whereby $1.3 million from our Tax Increment Fund can be made available for this project. The overall cost will likely be $1.5 million. However, enough of the cost of the project fits within the parameters of District 281's special levies, such as bringing facilities up to code, that they can cover the difference. District 281 would provide all operating costs indefinitely in the draft agreement. Essentially, the high school needs the extra gym space for P.E. during the daytime, and the City would have the right to schedule the gym evenings, weekends, and during non -school days. The Youth Sports Task Force that met last year noted a strong need for additional gym space in the community. The school district would like to proceed as rapidly as possible to have their architect design the gym and get it out to bid in late winter. This will help us get good bids before the rush of the 1997 construction season. The school district would manage the actual construction. It is also to our advantage to commit the funds this year in case any new legislative restrictions on spending TIF funds arise in the next Legislature. Consideration of the joint agreement may be on the Council agenda as soon as the next meeting on November 20'`. Computer software. The Met Council recently terminated its contract with our new software vendor, SFG, due to concerns about the implementation of the software. We have been less than fully satisfied ourselves, but believe we have recently been getting additional resources and commitments from SFG to deal with our issues. If this proves not to be the case over the next few weeks, we will probably call a meeting of our computer subcommittee. Stan Birnbaum is in regular contact with SFG's top officials. New Council Member Orientation. We plan to schedule a meeting with the newly elected council members later this month for orientation on such things as the open meetings law, council rules of procedure, and similar nuts and bolts items. Current council members will recall that we have developed a reference notebook which we are updating. We will be calling the new members up within the next few days with several alternative dates for orientation. December Council Schedule. With the December 4t` meeting including the budget hearing, and with a likely full schedule of regular business on December 18", we are considering requesting an additional council meeting on December 11th to devote entirely to the zoning ordinance. If any of you know that you are not available that evening, please give me a call and we'll look at other options. 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