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Home My WebLink AboutCouncil Information Memorandum 09-07-2017CITY OF PLYMOUTH COUNCIL INFO MEMO September 7, 2017 EVENTS / MEETINGS Environmental Quality Committee Agenda for September 13th ........................................................ Page 2 Parks and Recreation Advisory Commission Agenda for September 14th ......................................... Page 3 Official City Meeting Calendars ......................................................................................................... Page 4 Tentative List of Agenda Items ........................................................................................................... Page 7 CORRESPONDENCE Charter Commission Appointments ............................................................................................... Page 9 Elm Creek Watershed Management Commission ............................................................................. Page 12 Shingle Creek and West Mississippi Watershed Management Commissions ................................... Page 13 Minnesota Investment Fund Assistance is Approved ....................................................................... Page 15 MCWD Draft 2017 Watershed Management Plan ............................................................................ Page 16 Preliminary Plat and Variance for 2930 Urbandale Lane North (2017070) ..................................... Page 18 Rezoning and Preliminary Plat for Property Located at 3835 Dallas Lane North (2017072)........... Page 19 Second Notice: Rezoning and Preliminary Plat for Property Located at 3835 Dallas Lane North (2017072) .............................................................................................. Page 20 Reguiding Rezoning Preliminary Plat and Site Plan for Cranberry Ridge Located at 18140, 18220 and 18240 State Highway 55 (2017075) ............................................................... Page 21 Variances for Property Located at 15725 47th Avenue North (2017077) ......................................... Page 22 REPORTS & OTHER ARTICLES OF INTEREST Judge Rules State of Minnesota Failed to Protect White Bear Lake, Aquifer, Star Tribune ............. Page 23 Plymouth Police: Man Faked His Own Kidnapping for 'a Few Days Away from His Wife', Star Tribune ............................................................................................. Page 27 Citizens League Recommends St. Paul Explore Nonprofit Donations to City Budget, Star Tribune ....................................................................................... Page 29 Burnsville Boots Massage Business, Citing Minneapolis' License Denial and More, Star Tribune .................................................................................................... Page 31 ENVIRONMENTAL QUALITY COMMITTEE AGENDA September 13, 2017 WHERE: MEDICINE LAKE ROOM Plymouth City Hall 3400 Plymouth Boulevard Plymouth, MN 55447 CONSENT AGENDA All items listed on the consent agenda* are considered to be routine by the Environmental Quality Committee and will be enacted by one motion. There will be no separate discussion of these items unless a Committee member, or citizen so requests, in which event the item will be removed from the consent agenda and considered in normal sequence on the agenda. 1.7:00 P.M. CALL TO ORDER 2.7:00 P.M. PUBLIC FORUM – Individuals may address the Committee about any item not contained in the regular agenda. A maximum of 15 minutes is allotted for the Forum. 3.7:20 P.M APPROVAL OF AGENDA - EQC members may add items to the agenda for discussion purposes or staff direction only. The EQC will not normally take official action on items added to the agenda. 4.7:25 P.M. CONSENT AGENDA* A. B. Approve August 9, 2017 EQC Meeting Minutes (Asche) Approve Adopt-A-Street Collection Day for October (Asche) 5.7:30 P.M. GENERAL BUSINESS A. B. Textile Recycling (Asche) Organics Recycling – Scenario Review (Asche) 6.REPORTS AND STAFF RECOMMENDATIONS A. 7.FUTURE MEETINGS: October 11, 2017 •DRAFT 2017 Annual Report and 2018 Work Plan 8.8:30 P.M. ADJOURNMENT Page 2 NEXT REGULAR MEETING – October 12, 2017 – Plymouth Ice Center PARKS AND RECREATION ADVISORY COMMISSION MEETING AGENDA 1.CALL TO ORDER 2.APPROVAL OF MINUTES 3.OPEN FORUM: 4. VISITOR PRESENTATIONS (NON-ACTION ITEMS): 4a. Tree & Weed Inspection Technology 4b. Tour of Maintenance Facility (at the end of the meeting) 5.NEW BUSINESS (ACTION ITEMS): 5a. Name for New Mini Park – 6110 Garland Lane North 5b. Name for New Mini Park – 18101 61st Avenue North 6.COMMISSIONER/STAFF UPDATE Upcoming Community/Special Events 7.ADJOURNMENT DATE & TIME: Thursday, September 14, 2017 7:00pm LOCATION: Maintenance Facility 14900 23rd Ave N, Plymouth, Minnesota 55447 Page 3 SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 September 2017 3400 Plymouth Boulevard Plymouth, MN 55447 OFFICIAL CITY CALENDAR Phone: 763-509-5000 Fax: 763-509-5060 7:00 PM PLANNING COMMISSION MEETING Council Chambers 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE (EQC) MEETING Medicine Lake Room 7:00 PM PLANNING COMMISSION MEETING Council Chambers SUN TUES MON WED THUR FRI SAT CHANGES ARE MADE IN RED LABOR DAY CITY OFFICES CLOSED 5:30 PM SPECIAL COUNCIL MEETING Historical Society Medicine Lake Room 7:00 PM REGULAR COUNCIL MEETING Council Chambers 5:30 PM SPECIAL COUNCIL MEETING Consider minimum age to purchase tobacco Medicine Lake Room 7:00 PM REGULAR COUNCIL MEETING Council Chambers 10:30 AM - 3:00 PM Plymouth on Parade Celebration City Center Area 7:00 PM HOUSING AND REDEVELOPMENT AUTHORITY (HRA) MEETING Medicine Lake Room 7:00 PM PARK & REC ADVI- SORY COMMISSION (PRAC) MEETING Park Maintenance Page 4 SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 October 2017 3400 Plymouth Boulevard Plymouth, MN 55447 OFFICIAL CITY CALENDAR Phone: 763-509-5000 Fax: 763-509-5060 7:00 PM PLANNING COMMISSION MEETING Council Chambers 5:30 PM SPECIAL COUNCIL MEETING Small Cell Wireless Ordinance Medicine Lake Room 7:00 PM REGULAR COUNCIL MEETING Council Chambers 7:00 PM PARK & REC ADVISORY COMMISSION (PRAC) MEETING Plymouth Ice Center 7:00 PM HOUSING AND REDEVELOPMENT AUTHORITY (HRA) MEETING Medicine Lake Room SUN TUES MON WED THUR FRI SAT 7:00 PM REGULAR COUNCIL MEETING Council Chambers CHANGES ARE NOTED IN RED 7:00 PM PLANNING COMMISSION MEETING Council Chambers 11:00 AM - 2:00 PM Fire Department Open House Fire Station III CHA 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE (EQC) MEETING Medicine Lake Room 6:30 PM Volunteer Recognition Event Plymouth Creek Center 6:00 PM - 8:30 PM Halloween at the Creek Plymouth Creek Center Page 5 SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 November 2017 3400 Plymouth Boulevard Plymouth, MN 55447 OFFICIAL CITY CALENDAR Phone: 763-509-5000 Fax: 763-509-5060 7:00 PM PLANNING COMMISSION MEETING Council Chambers 5:30 PM SPECIAL COUNCIL MEETING Budget Medicine Lake Room 7:00 PM REGULAR COUNCIL MEETING Council Chambers 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE (EQC) MEETING Medicine Lake Room THANKSGIVING 7:00 PM PLANNING COMMISSION MEETING Council Chambers 5:30 PM SPECIAL COUNCIL MEETING Median/Beautification Projects Medicine Lake Room 7:00 PM REGULAR COUNCIL MEETING Council Chambers SUN TUES MON WED THUR FRI SAT THANKSGIVING Observed CITY OFFICES CLOSED CITY OFFICES CLOSED VETERANS DAY Observed CITY OFFICES CLOSED Plymouth Arts Fair Plymouth CreekCenter Plymouth Arts Fair Plymouth Creek Center Page 6 Note: Special Meeting topics have been set by Council; all other topics are tentative. EDA refers to the Economic Development Authority Tentative Schedule for City Council Agenda Items September 26, Special, 5:30 p.m. Medicine Lake Room •Consider minimum age to purchase tobacco September 26, Regular, 7:00 p.m. Council Chambers •Public hearing on Wine and On-Sale 3.2 Percent Malt Liquor License applications of Shanduo LLC, d/b/a Asian Duck, 16605 County Road 24, Suite 204 •Public hearing on reassessment for the abatement of a hazardous building located at 12135 24th Avenue North •Public hearing on delinquent utility accounts, diseased trees, weed eradication, false alarm fees and other miscellaneous charges •Adopt Ordinance amending Chapter 4 of the City Code concerning building permits and final inspections October 10, Special, 5:30 p.m. Medicine Lake Room •Small Cell Wireless Ordinance October 10, Regular, 7:00 p.m. Council Chambers October 24, Regular, 7:00 p.m. Council Chambers November 14, Special, 5:30 p.m. Medicine Lake Room •Budget November 14, Regular, 7:00 p.m. Council Chambers November 28, Special, 5:30 p.m. Medicine Lake Room •Median/beautification projects November 28, Regular, 7:00 p.m. Council Chambers December 12, Regular, 7:00 p.m. Council Chambers •Recognize Police Citizen Academy graduates (Community Relations Officer Jim Long) •Public hearing on 2018 budget, general property tax levy, HRA levy, and 2018-2022 Capital Improvement Program •Approve 2018 Target and Trap Shooting License renewal •Approve 2018 Amusement License renewals •Approve 2018 Tobacco License renewals Page 7 Budget Calendar 2018-2019 Biennial Budget Preparation & 5-yr Capital Improvement Plan Date Category Description April 17, 2017 Budget Departments receive budget instruction May 23 at 5:30 p.m. Budget Council Study Session – Financial Plan & Budget Goals April – June 2017 Budget Departments prepare budgets June 2, 2017 Budget Personnel changes submitted to HR June 12, 2017 Budget Budgets submitted to Finance June 26 – July 14, 2017 Budget Department meetings August 4 Budget Council receives budget materials for upcoming meeting August 15 at 6 p.m. Budget & CIP Council study session (Budget & CIP meeting #1) August 22 at 5:30 p.m. Budget & CIP Council Study Session (Budget & CIP meeting #2) Council Regular Session (Financial Overview & Audit Presentation) August 29 at 6 p.m. Budget & CIP Council Study Session (Budget meeting #3) (if needed) September 12, 2017 Budget Council adopts preliminary levies & budget (Budget meeting #4) October 4, 2017 CIP Planning Commission public hearing November 14 at 5:30 p.m. Budget Council Study Session (Budget meeting #5) (If needed) December 12, 2017 Budget & CIP Budget Public Hearing, CIP, Budget & Levy Adoption December 26, 2017 Budget Levy is certified with Hennepin County Page 8 Memorandum To: Mayor and Councilmembers From: Sandy Engdahl, City Clerk Date September 7, 2017 Item: Charter Commission Appointments Charter Commission members Matthew Doherty and Steven Hoeft were recently reappointed for four-year terms on the Charter Commission. Terry Donovan’s term also expired, but didn’t apply for reappointment. Mr. Donovan had served on the Charter Commission from 1997-2017. Lisa Vertelney was appointed to the Charter Commission for a four-year term. Attached is the updated Charter Commission roster which consists of 15 members. If you have any questions, please contact me. Attachment Page 9 (Over) Officers Anne Andreasen Chair Jim Willis Vice Chair Richard Norman Secretary Name Appointed Term Expires Robert Fandrich 11720 50th Ave. N. Plymouth, MN 55442 7-17-15 7-17-19 Anne Andreasen 1830 Comstock Ln. N. Plymouth, MN 55447 6-8-07 4-23-19 Karl Neset 2400 Black Oaks Ln. Plymouth, MN 55447 7-1-15 7-1-19 Richard Norman 15015 48th Ave. N. Plymouth, MN 55446 7-17-15 7-17-19 Thomas E. Murphy Jr. 4810 Orchid Ln. N. Plymouth, MN 55446 9-18-98 4-27-19 Christian Preus 17330 Co. Rd. 24 Plymouth, MN 55447 6-19-99 6-19-19 Plymouth Charter Commission Page 10 James G. Willis 16511 26th Ave. N. Plymouth, MN 55447 6-19-99 6-23-19 Dharam Bobra 16105 39th Place N. Plymouth, MN 55446 8-25-99 8-25-19 Peter Bartling 10505 37th Place N. Plymouth, MN 55441 9-25-15 9-25-19 Gregg Fishbein 3660 Xenium Ln. N. Plymouth, MN 55441 7-9-09 2-5-20 Jeremy Mauritson 16000 27th Place N. Plymouth, MN 55447 2-5-16 2-5-20 Richard Dunn 17815 4th Ave. N. Plymouth, MN 55447 3-1-04 2-5-20 Matthew Doherty 3940 Zircon Ln. N. Plymouth, MN 55446 5-30-13 5-31-21 Steven Hoeft 2720 Queensland Ln. N. Plymouth, MN 55447 8-26-13 6-24-21 Lisa Vertelney 13866 54th Ave. N., Unit 4 Plymouth, MN 55446 8-25-17 6-13-21 City Staff Sandy Engdahl, City Clerk 763-509-5080 Appointments are made by the Hennepin County Chief Judge. Annual meetings are held the second Wednesday in December at 7 p.m. in the Medicine Lake Conference Room. Page 11 Legal Notice NOTICE OF PUBLIC HEARING ELM CREEK WATERSHED MANAGEMENT COMMISSION TO WHOM IT MAY CONCERN: Notice is hereby given that the Elm Creek Watershed Management Commission will meet at Maple Grove City Hall, 12800 Arbor Lakes Parkway, Maple Grove, MN, on Wednesday, September 13, 2017, at approximately 11:30 a.m., or as soon thereafter as the matter may be heard, for a public hearing on the following improvement: Project 2017-01: Fox Creek Streambank Stabilization Project Phase 3 Location: I-94/Hyacinth Drive, Rogers Description: Correct stream bank erosion and improve stream habitat along 3,000 feet of stream bank. Cost: Estimated project cost is $450,000, with $337,500 borne by City of Rogers and other sources. The Elm Creek Commission proposes to fund a matching $112,500 by certifying this cost to Hennepin County for collection with the county ad valorem tax levy. Project 2017-03: Mill Pond Fishery and Habitat Restoration Location: Mill Pond, Champlin Description: Remove bed load in Mill Pond, improve depth and winter fish habitat, restore natural stream and lake biota, improve recreational opportunities. Cost: Estimated project cost is $5,000,000, with $4,750,000 borne by City of Champlin and other sources. The Elm Creek Commission proposes to fund a matching $250,000 by certifying this cost to Hennepin County for collection with the county ad valorem tax levy. Project 2017-04: Rain Garden at Independence Avenue Location: Independence and Trussel Avenues, Reynolds Park, Champlin. Description: Construct infiltration Pond/Rain Garden to treat stormwater from approximately 9 acres before discharging into Elm Creek Cost: Estimated project cost is $300,000, with $225,000 borne by City of Champlin and other sources. The Elm Creek Commission proposes to fund a matching $75,000 by certifying this cost to Hennepin County for collection with the county ad valorem tax levy. The Commission proposes to proceed under the authority granted by MN Statutes, Sec. 103B.251 to certify its share of the project cost to Hennepin County for payment by a tax levy on all taxable property located within the Elm Creek watershed. The watershed includes all or portions of the cities of Champlin, Corcoran, Dayton, Maple Grove, Medina, Plymouth, and Rogers. Maps of the watershed are available at the respective city halls or at www.elmcreekwatershed.org. Persons who desire to be heard with reference to the proposed improvement will be heard at this meeting. Written comments may be submitted to Doug Baines, c/o JASS, 3235 Fernbrook Lane, Plymouth, MN 55447, or emailed to judie@jass.biz. Auxiliary aids for persons with handicaps are available upon request at least 7 days in advance. Please contact Judie Anderson at 763-553-1144 to make arrangements. /s/ Doug Baines, Chair By order of the Elm Creek Watershed Management Commission # # # Published between August 14 and August 28, 2017 in the Osseo-Maple Grove Press Z:\Elm Creek\CIPs\2017 Projects\Legal Notice Hearing_2017 projects.doc Page 12 Legal Notice NOTICE OF PUBLIC HEARING SHINGLE CREEK and WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSIONS TO WHOM IT MAY CONCERN: Notice is hereby given that the Shingle Creek and West Mississippi Watershed Management Commissions will meet at Lancer at Edinburgh, 8700 Edinbrook Crossing, Brooklyn Park, MN, on Thursday, September 14, 2017 at approximately 12:45 p.m., or as soon thereafter as the matter may be heard, for a public hearing on the following improvements: PROJECT 2017-01: CITY COST SHARE BEST MANAGEMENT PRACTICES (BMP) PROJECTS Location: within Shingle Creek watershed. Description: Small BMPs that can be retrofit in existing areas to provide additional infiltration and water quality treatment. Cost: The estimated project(s) cost is $200,000, with $100,000 borne by city(ies) in which project(s) is(are) located. The Shingle Creek Commission proposes to fund a matching $100,000 by certifying this cost to Hennepin County for collection with the county ad valorem tax levy. PROJECT 2017-03: PARTNERSHIP (PRIVATE) COST SHARE BEST MANAGEMENT PRACTICES (BMP) PROJECTS Location: within Shingle Creek watershed Description: Replicates Project 2017-01 (above) for non-city projects. Cost: The estimated project(s) cost is $100,000, with $50,000 borne by city(ies) in which project(s) are located. The Shingle Creek Commission proposes to fund a matching $50,000 by certifying this cost to Hennepin County for collection with the county ad valorem tax levy. PROJECT 2017-04: CITY COST SHARE BEST MANAGEMENT PRACTICES (BMP) PROJECTS Location: within the West Mississippi watershed Description: Replicates Project 2017-01 (above) Cost: The estimated project(s) cost is $100,000, with $50,000 borne by city(ies) in which project(s) is(are) located. The West Mississippi Commission proposes to fund a matching $50,000 by certifying this cost to Hennepin County for collection with the county ad valorem tax levy. PROJECT 2017-05: MISSISSIPPI CROSSINGS RAIN GARDEN Location: Champlin Description: Construction of two large bioinfiltration basins to treat runoff in the old town center area near TH 169 and West River Road. Cost: The estimated project(s) cost is $219,000, with $164,250 borne by the City of Champlin. The West Mississippi Commission proposes to fund a matching $54,750 by certifying this cost to Hennepin County for collection with the county ad valorem tax levy. The Shingle Creek Commission and West Mississippi Commission propose to proceed under the authority granted by MN Stat., Sec. 103B.251 to certify their share of the projects’ cost to Hennepin County for payment by a tax levy on all taxable property located within their respective watersheds. The Shingle Creek watershed includes portions of the cities of Brooklyn Center, Brooklyn Park, Crystal, Maple Grove, Minneapolis, New Hope, Osseo, Plymouth, and Robbinsdale. The West Mississippi watershed includes portions of the cities of Brooklyn Center, Brooklyn Park, Champlin, Maple Grove, and Osseo. Maps of the watersheds are available at the respective city halls or at www.shinglecreek.org. Persons who desire to be heard with reference to the proposed improvements will be heard at this meeting. Written comments may be submitted to R.A. Polzin, c/o JASS, 3235 Fernbrook Lane, Plymouth, MN 55447, or emailed to judie@jass.biz. Auxiliary aids for persons with handicaps are available upon request at least 7 days in advance. Please contact Judie Anderson at 763-553-1144 to make arrangements. /s/ R.A. Polzin/Gerald Butcher, Chairs Page 13 By order of the Shingle Creek and West Mississippi Watershed Management Commissions # # # Published between August 14 and August 28, 2017 in the Osseo-Maple Grove Press. Z:\Shingle Creek\CIPs\2017\Legal Notice_2017 projects.doc Page 14 rnEMPLOYMENT AND ECONOMIC DEVELOPMENT RECEIVED August 18, 2017 AUG 2 5 2017 The Honorable Kelli SlavikBY:....................—........ Mayor, City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447-1482 Dear Mayor Slavik: I am pleased to inform you that the City of Plymouth's application for Minnesota Investment Fund assistance is approved. As outlined in the approved application, the City will make a loan of 900,000 to Energy Management Collaborative. In order to facilitate the timely delivery of this assistance, all contracts and agreements associated with this financing must be completed within 120 days from the date of this letter or the award may be rescinded. A grant contract is being prepared by the Office of Business Finance staff. They will also provide you with additional information about your grant award to ensure that the project meets its goals. Please note that your approved application becomes part of the grant contract. For additional information, contact Bob Isaacson, Director of Business Finance, at 651-259-7458. Finally, let me extend my congratulations to you and your staff for developing a successful project application to help fuel your community and economic development growth. jalwateregards, a Har Y ICommissioner C:Representative John Applebaum Senator Paul Anderson Matt O'Toole, Energy Management Collaborative Economic Development Division 1st National Bank Building 332 Minnesota Street•E200 Saint Paul,MN 55101-1351 651-259-7432 PHONE 800-657-3858 TOLL FREE 651-296-5287 Fax www.mn.gov/deed AN EQUAL OPPORTUNITY EMPLOYER AND SERVICE PROVIDER Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 EAST METRO 442280403 Judge rules state of Minnesota failed to protect White Bear Lake, aquifer Ruling seeks to protect aquifer; DNR disappointed, may appeal. By David Peterson Star Tribune AUGUST 30, 2017 — 11:05PM DAVID JOLES - Star Tribune A Ramsey County district judge ruled in favor of White Bear Lake homeowners, who argued that the state was at fault for the unsustainable aquifer use. The state of Minnesota should have done a better job of managing the use of area wells to halt the draining in the last few years of White Bear Lake and its aquifer, a district judge ruled Wednesday. In a ruling three months in the making that followed a trial held last spring, Ramsey County District Judge Margaret Marrinan said the state had violated the public trust as well as environmental laws in allowing excessive pumping of the Prairie du Chien aquifer, without really knowing what amount could be used without endangering its future availability. Page 23 The judge ordered the DNR to stop issuing permits for any more wells within a five-mile radius of White Bear Lake until it is certain the drawdowns are sustainable. She also ordered the agency to make sure pumping now allowed is sustainable, and to do so within a year. Under her ruling, the state must ban residential irrigation when White Bear Lake falls below 923.5 feet above sea level and continue the ban until the lake rises to 924 feet. The lake during the area's recent drought fell far below that level, reaching 918.5 feet in 2013. Heavy rain since has pushed it higher. In a case that caps off a long career before she retires, Marrinan wrote that all existing permits must contain an enforceable plan to "phase down per capita residential water use to 75 gallons per day," and that all permits within five miles of the lake must be amended to include plans to move to "total or partial supply" from river sources. MARLIN LEVISON, STAR TRIBUNE In this 2014 Star Tribune file photo, White Bear Lake plummeted to a record low water level due to a drought and large amount of groundwater pumping. The case has broad implications both for future suburban development and for the ability of property owners to irrigate lawns, once dry conditions return to what is now an amply rain-slogged metro area. The Minnesota Department of Natural Resources (DNR) issued a brief statement saying that it was "surprised and deeply disappointed." An appeal was not ruled out. Greg McNeely, a spokesman for the lakeshore owners and area supporters who brought the suit against the state, called the case a "big deal" and added: "It's not about White Bear Lake, it's about how much water we use. It's not sustainable, and our lake is the canary in the coal mine. It was a five-year fight and some of it was not pleasant but we are so grateful to our attorneys, who worked without a fee because they believed in this cause." Page 24 Making water a priority Wednesday's decision is a landmark moment in an increasingly fraught relationship between suburban growth and the natural resources required to support it. In some parts of the metro area, sprawl has heavily relied on underground sources rather than the Mississippi River, which is the main water source for Minneapolis, St. Paul and many inner-ring suburbs. The city of White Bear Lake and its neighbors have taken vigorous steps to reduce water use, and suburbs distant from the lake — but also relying on aquifers — have stepped up their efforts for years now, knowing this day could come. The Woodbury City Council only this week is discussing a strategic plan that makes water conservation its top priority. White Bear Lake City Attorney Roger Jensen said he expects no immediate impact on his city, but added that the same may not be true for all of its neighbors. "This remedy was anticipated," he said, "but I was a little surprised that the judge concluded that the Public Trust Doctrine was violated. There's no precedent in Minnesota for that." He said he suspected "there's potential for an appeal, particularly on that issue." The Public Trust Doctrine holds that natural resources like water are for public use and that the government must protect them as such. That's a fundamental responsibility of the DNR, and the finding will sting agency officials. The DNR's statement, issued late Wednesday afternoon, said it will take time to absorb the contents and implications of Marrinan's 140-page opinion and decide what to do next. An iconic lake The plaintiffs were supported by an A-list legal team, members of which said they took the case on a pro bono basis out of concern that political sensitivities were keeping the DNR from doing what it needed to do to make sure suburban growth is sustainable. The remedy of piping in water from the Mississippi River has been calculated to cost anywhere from tens to hundreds of millions of dollars. Page 25 Advocates have sought unsuccessfully for state help to do that, and cities have warned that paying the freight for that solution would raise water costs alarmingly. The trial on those issues took place before the judge alone without a jury this past spring, and lasted several weeks. It allowed the legal team for the plaintiffs to inspect masses of internal DNR documents, including e-mails, some of which attorneys felt were damning. One oft-cited internal memo from a DNR expert stated in 2012 that "we are beginning to understand the unintended consequences of our past choices" in granting cities permits to extract ever more water. It continued: "Everyone is part of the problem and needs to become part of the solution." The state and cities argued that fluctuations in White Bear Lake were normal, but the judge found that the lake's ability to rebound had lately "differed dramatically from its previous history," a problem that "cannot be explained by climate alone." The case has wide implications beyond White Bear Lake. Other bodies of water are in similar circumstances. But Marrinan also stressed the White Bear's iconic nature. "It is a long-standing community resource enjoyed by inhabitants of the Twin Cities' northeast metro area, and the sole large, recreational lake serving this area," she wrote. "As such, it is the epicenter of the northeast metro for fishing, boating, sailing, swimming and general recreation." dapeterson@startribune.com 651-925-5039 Page 26 WEST METRO 442505553 Plymouth police: Man faked his own kidnapping for 'a few days away from his wife' "This was his alibi," Plymouth police Sgt. Keith Bird said. By Brandon Stahl Star Tribune SEPTEMBER 1, 2017 — 9:19PM A Plymouth man faked his own kidnapping and ransom as a ploy to take a break from the house, police said on Friday. “He wanted a few days away from his wife, and this was his alibi,” said Plymouth police Sgt. Keith Bird. The woman reported that her 34-year-old husband had gone missing on Aug. 28. A Plymouth police detective went to her home two days later, where she showed him a text she received from her husband’s cellphone saying he had been kidnapped, according to court records. “You probably was familiar with him owing me some money,” the text read, according to a search warrant filed in Hennepin County District Court. The kidnapper demanded $140 for his return, which she agreed to pay, Bird said. But the kidnapper recanted, saying he’d wait until the man got his paycheck. “Nothing added up,” Bird said. “You know when something’s not right.” Bird said they eventually tracked down the husband, who said he was kidnapped, but asked them to stop investigating the case. “He’s fine,” Bird said. Page 27 Bird said charges wouldn’t be filed for reporting false information to police. The wife believed her husband had been kidnapped, while the husband never reported anything to the police. The Star Tribune generally does not name suspects unless they are charged. “It just wasted two days of our investigator’s time,” Bird said. brandon.stahl@startribune.com 612-673-4626 b_stahl Page 28 ST. PAUL Citizens League recommends St. Paul explore nonprofit donations to city budget By ERIC ROPER , STAR TRIBUNE September 06, 2017 - 9:58 PM The city of St. Paul should see if owners of tax-exempt properties will voluntarily kick money into the city’s budget, but not rely on those donations to solve financial challenges, a prominent local civics organization recommended Wednesday. The advice from the Citizens League followed a monthslong examination into the idea, spurred by a ruling in 2016 that the city’s assessments for street maintenance were actually taxes. As taxes, they could no longer be applied to churches, schools and governments. “The reason that we were interested in undertaking this is we had a change — a pretty big change,” City Council President Russ Stark said at a council meeting Wednesday. Mayor Chris Coleman pitched a 24 percent hike in the city’s property tax levy to replace the assessment, but the city will be collecting $1.8 million less from tax-exempt properties like schools, hospitals and other nonprofits. The Citizens League suggested the city begin discussions to see if any of them would voluntarily contribute and explore how a potential payment in lieu of taxes (PILOT) program might work. “A St. Paul PILOT initiative cannot and should not be viewed as a solution to any financial and budget challenges you may be facing,” Kaye Rakow, co-chairperson of the committee Page 29 that studied the issue, told the council. “And for a PILOT program to be successful there must be a strong relationship between the city and its tax-exempt property owners.” The committee also discovered that St. Paul is not as unusual as it once thought in terms of tax-exempt properties. About a quarter of the city’s property value is tax-exempt, which is equal to Minneapolis and similar to Rochester and Duluth. That’s much higher than many suburbs, however. Just 6.4 percent of nearby Woodbury’s property value is tax-exempt, for example. An exception is Falcon Heights, where 62.5 percent of the city’s property value is exempt due to the State Fairgrounds. About 57 percent of St. Paul’s tax-exempt value is public property, including schools. The bulk of the private tax-exempt properties are colleges and hospitals. Boston has the most prominent PILOT program in the country. But the committee found significant differences between the two cities’ finances. Half of Boston’s property value is tax-exempt, and its budget relies much more heavily on property taxes than St. Paul. PILOT programs around the country typically collect less than 1 percent of a city’s general revenue, according to the Citizens League report. Other cities with programs include New Haven, Conn., Providence, R.I., and Cambridge, Mass. Private colleges in St. Paul are generally open to the idea of making voluntary contributions, said Doug Hennes, University of St. Thomas vice president for government relations, who sat on the committee. But they are not comfortable with a program as structured as Boston, which suggests donation levels based on a formula. “It sets an expectation that the city is thinking we would like you to give X amount of money,” Hennes said. “And then when the organizations don’t … then the numbers end up getting published in newspapers like the [Boston] Globe. The nonprofits can come across as looking like perhaps they don’t care.” Mayor Chris Coleman said in a statement that colleges, hospitals and other tax-exempt properties add significant value to the city. “The City of St. Paul will engage in a process with our tax-exempt partners to better understand the public services they value and how a voluntary payment initiative may serve as a vehicle of mutual benefit,” Coleman said. The council members said they were appreciative of the league’s extensive efforts researching the topic. “It’s good to finally know what the facts are,” said Council Member Amy Brendmoen. Eric Roper • 612-673-1732 Twitter: @StribRoper Page 30 SOUTH METRO 442947323 Burnsville boots massage business, citing Minneapolis' license denial and more City says the manager of Burnsville Bodyworks failed to disclose that Minneapolis had denied her a license, citing human trafficking concerns. By Erin Adler, Star Tribune SEPTEMBER 6, 2017 — 10:40PM The city of Burnsville opted not to renew a massage therapist’s business license in late August, citing her failure to disclose that the city of Minneapolis had previously denied her a license due to sexually suggestive ads and a job posting that city officials said attempted to lure Chinese women to Minnesota in a human trafficking scheme. But Yuanping Huang, the self-described manager of Burnsville Bodyworks, says she’s been charged with no crime and that the intent of her ads was misunderstood. “I just feel helpless,” said Huang, 41, a single mother from Edina who is now unemployed. “What am I going to do?” The right to work in the business one chooses is guaranteed by the United States Constitution, said Matthew Streff, Huang’s attorney. “The city of Burnsville has made an unfortunate decision,” Streff said. “It rides over Miss Huang’s rights.” Burnsville city officials said Huang was denied renewal of both individual and business enterprise licenses because her business doesn’t meet the city’s high standards. The business is now closed. “We want legitimate businesses that understand and follow the rule of law,” said Chris Forslund, licensing coordinator for the city of Burnsville. “In this case, there’s certainly some questions that arose.” Page 31 The Burnsville City Council voted 4-1 on Aug. 22 to affirm decisions by city staff and an administrative appeal panel to withhold the license. Cara Schulz was the only council member who voted against denial. “I think in order to take away someone’s livelihood, the threshold needs to be exceedingly high,” Schulz said. “And just to cut to the meat of it, she hasn’t been arrested for prostitution and that’s kind of what we’re stepping around.” Increased scrutiny Burnsville issues massage therapy licenses for individuals and business enterprises. There are 28 storefront massage businesses licensed in the city, officials said, and 161 total massage therapy licenses, which includes both categories. Huang was denied a license because she failed to disclose on her application that Minneapolis had denied her a license, Burnsville officials said. They said the denial was not based on allegations by Minneapolis that she had placed ads suggesting that her business, Uptown Bodyworks, had links to human trafficking and prostitution. Simply being denied a license by another city in the last five years is enough for denial, according to Burnsville city code. The city has revoked or not renewed massage licenses five times since 2014, according to city staff. The job posting cited by Minneapolis was written in Mandarin Chinese and posted on the website, NYChinaRen.com. The ad solicits applicants for the massage business, saying masseuses could make $7,000 a month — a sum Minneapolis officials cited as unrealistic. City officials concluded that she was trying to recruit women to Minnesota, where they would be trafficked for sex. Streff, Huang’s attorney, said that allegation was “beyond the pale and unreasonable.” Huang said she didn’t even know what human trafficking was. Huang said it’s common sense that you can’t actually make $7,000 a month in take-home pay doing massages. After expenses, she said, the take-home pay would be less than $3,000 a month. As for the Backpage.com ads promoting scantily-clad, “very pretty and hot” girls, Huang said that she was advised by others in the massage business that everyone posts that kind of ad. Page 32 “There needs to be an understanding of what you can do in advertising and what you can’t,” said Burnsville Mayor Elizabeth Kautz. There were issues in Burnsville as well, city officials said. Neighbors complained that people were coming and going at odd hours from the establishment. Asked about that, Huang said, “I can’t clean my own place?” Huang’s license denial came up in Burnsville Aug. 22, the same day that Minneapolis denied a license to another massage business, Orchid Massage and Spa, owned by Julia Wang, on grounds that it was actually a front for prostitution. Forslund, the Burnsville licensing coordinator, said cities are looking more closely at massage businesses because of prostitution concerns. “The public has demanded that,” he said. There’s no statewide regulation of massage businesses in Minnesota; cities enforce their own licensing rules. Professional associations have lobbied for state oversight. “The cities are starting to really crack down,” said Erin Hewitt, president of the Minnesota chapter of the American Massage Therapists Association. Huang said she moved to Minnesota several years ago because the air was good for asthmatics, like her 8- year-old daughter, she said. Now that she’s been denied a license in two cities, she said she has little chance of getting one elsewhere. Huang said she wants to return to California, where she got a massage therapy license after graduating from Santa Ana Beauty College in 2012. “So many people, they lie,” Huang said. “They were just connecting things together without any evidence.” Erin.Adler@startribune.com 612-673-1781 erinStrib Page 33