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HomeMy WebLinkAboutCity Council Packet 01-23-1995 SpecialPLYMOUTH CITY COUNCIL SPECIAL COUNCIL MEETING MONDAY, JANUARY 23, 1995 6:00 P.M. Public Safety Training Room I. MEETING WITH STATE AND LOCAL OFFICIALS City of Plymouth 1995 Legislative Issues Affordable Housing The City of Plymouth is keenly interested in legislative proposals relating to affordable housing issues. Plymouth staff has done extensive study on affordable housing in Plymouth, and key information from this study is attached for your use. The research shows that Plymouth has quite a variety and diversity of housing opportunities, especially in comparison with other similar cities. The legislative debate on affordable housing has sometimes seemed to imply that some developing suburbs are not contributing their fair share in solving the problems of poverty in the region. Recent studies show that Plymouth makes a net contribution of $5.8 million per year in fiscal disparities and contributed $10.3 million per year more to the Local Government Trust Fund than it received in state aid in 1993. These figures relate only to City revenues, and do not take into account school aid formulas, which are similarly disproportionate. Plymouth is interested in being a responsible participant in solving the problems of poverty in the metro area, and believes the solutions must encompass the following principles: The existing contributions of our taxpayers to metro and statewide revenues should be acknowledged and considered. The solution should not have the direct or indirect effect of raising property taxes on Plymouth residents. Incentives should be used to encourage the market place and cities to accept affordable housing rather than mandates and penalties. The solutions should maintain the ability of the community to create and maintain jobs, many of which would be otherwise lost to the metro area. The solutions should focus on all of the causes and effects of poverty, not just the housing component. Action Requested: Receive the information developed by the City and keep the City informed of affordable housing initiatives. Staff Contact: Ed Goldsmith, HRA Supervisor, 550-5047 Metropolitan Land Planning Act Amendments Amendments will be introduced in 1995 to the Metropolitan Land Planning Act (MLPA), which governs adoption and amendment of local comprehensive plans and their review by Municipalities (AMM) committee that is reviewing the changes. The amendments will probably require that cities update their comprehensive plans periodically, and may expand the range of issues that must be included in the plans. Plymouth is committed to keeping its plans for future development up to date. However, while it is possible that some of the changes in the MLPA may be beneficial, the legislation is likely to impose additional costs to Plymouth and to all cities in the region. It appears from early drafts of the legislation that no financial support to the cities will be provided in order to carry out these new requirements. Even cities that have in-house planning staff will find it difficult to carry out the additional planning without some assistance. Support in the form of grants or loans should be included if the legislation is passed, to avoid creating another unfunded mandate. Action Requested: Support grant or loan funding to localities for any changes to the Metropolitan Land Planning Act. Staff Contact: Anne Hurlburt, Community Development Director, 550-5059 Highway Funding and System Improvements Several major metropolitan highways are located in Plymouth: highways 55, 169, and I- 494. All of these corridors experience congestion within the City. Plymouth residents depend on these highways for mobility, and they also have significant effects on our local street system. Drivers looking for alternative routes are increasing traffic on residential streets, which has become a major concern for Plymouth residents. Plymouth seeks a high priority for projects to improve the corridors in the city, especially highway 169. Action Requested: Support actions and policies which will alleviate the congestion on our major highway corridors. Reassess the statewide funding levels for highways and base funding levels on highway use and congestion. Staff Contact: Barbara Senness, Planning Supervisor, 550-5052 Amendments to the Wetlands Conservation Act Legislation amending the Wetland Conservation Act (WCA) is expected to be introduced in 1995. Plymouth recently adopted a wetlands protection ordinance which incorporates the requirements of the WCA, and further protects wetlands through requiring buffers and setbacks from wetlands. Adoption of this ordinance took nearly a year of extensive research, development, and public input. All wetland basins were inventoried and rated for function and value. The new ordinance demonstrates that environmental protection is a very high priority for Plymouth. A growing property rights movement has indicated that it will be advocating repeal of the state wetlands conservation act. The Board of Water and Soil Resources is looking at a variety of changes to the act, including 1) relating protection to wetland classification 2) giving credit for wetland improvement, buffer creation and wetland type conversion, and 3)instead of requiring 2:1 wetland replacement, providing credit for buffers as replacement beyond 1:1, etc. Major changes in the law or its repeal would have an impact on Plymouth's new wetlands ordinance, because much of our new local ordinance is coordinated with the existing law. Plymouth believes it has used a creditable methodology to classify its wetlands and is requiring buffers. An information sheet on Plymouth's Wetlands Ordinance is attached for your information. Action Requested: Oppose major changes in the Wetlands Conservation Act which would undermine our new ordinance, and keep the City informed of legislative proposals for change in the Wetlands Conservation Act. Staff Contact: Barbara Senness, Planning Supervisor, 550-5052 Transit Funding Plymouth has been an "Opt Out" community for many years. Our transit system, known as Metrolink, has two components, a fixed route commuter service and a Dial -a -Ride service. The City is concerned about any proposals to replace the Regional Transit Property Tax with a Regional Sales Tax, which would eliminate funding for "Opt Out" transit systems. The City is also concerned about any efforts to eliminate "Opt Out" systems altogether and roll these operations into the Metropolitan Council Transit Organization (MCTO). Action Requested: Oppose any legislation adversely impacting "Opt Out" systems. Staff Contact: John Sweeney, Assistant City Engineer, 550-5072 Modifications to the Gifts Law During the 1994 legislative session a law was passed which prohibited gifts to local elected and appointed officials. While the intent of the law is good, its application in "the real world" is troublesome. Adhering to the letter and spirit of the law has led to unintended consequences and expenses for elected and appointed officials alike. For example, during the National Night Out event last summer, the City had to obtain a legal opinion that city officials visiting neighborhood groups could wear "DARE" tee-shirts and eat the food offered to them. The City of Plymouth agrees with the philosophy behind the law, but would encourage legislators to provide more realistic guidelines for its application. Action Requested: Change the Gifts Law to establish a realistic dollar threshold. Staff Contact: Kathy Lueckert, Assistant City Manager, 550-5013 Iee Arena Grant Program The 1994 Legislature established the Minnesota Mighty Ducks Ice Arena Task Force. Chaired by Representative Robert Milbert, the task force has members from across the state and has examined the need for ice arenas state-wide. The Might Ducks Task Force has concluded that Minnesota is short 30 - 50 indoor ice sheets. The Minnesota Mighty Ducks Ice Arena Task Force will propose legislation to assist Minnesota communities in developing a minimum of 20 new indoor ice sheets. The plan calls for a state-wide grant program in the amount of $250,000 during the next biennium. The Plymouth -Wayzata -New Hope -Maple Grove areas are short at least two ice facilities to meet the current demand. The City of Plymouth supports the Mighty Ducks legislation and the grant program it would establish. Action Requested: Support Mighty Ducks legislation, in particular grant funding, to help build indoor ice arenas. Staff Contact: Eric Blank, Park and Recreation Director, 550-5131 Property Tax Law Changes For several years, there have been proposals to change the funding mechanism for schools from the property tax to some other source. While the City does not receive any LGA funds, some of these proposals would substantially affect our HACA aid (currently $1.8 million per year). It is important that any new school funding mechanism provide a more reasonable property tax burden for our residents and that cities be provided with a viable transition plan which might include alternative local revenue options, and a revised Truth in Taxation statement. Action Requested: Keep the City informed of any pending property tax law changes, support the principles regarding change noted above. Staff Contact: Dale Hahn, Finance Director, 550-5101 Railroad Crossings For several years the City has been working with CP Rail (formerly the Soo Line) to construct crossing controls at a track crossing along a busy street, Pineview Lane. The City has offered to pay the full cost of installing the crossing device. CP Rail promised to have the device installed by October 1994, but there are still no crossing devices. Plymouth's experience indicates a need for legislation which would compel the railroad to construct crossing controls within a set period of time if the cost of the devices is borne by the requesting jurisdiction. Action Requested: Sponsor legislation to compel railroads to construct crossing controls within a set period of time if the cost of the devices is borne by the requesting jurisdiction. Staff Contact: Fred Moore, Public Works Director, 550-5080 a Affordableodable Housmg in Plymouth The Housing Stock: There were 19,616 housing units in Plymouth in 1990. Seventy-four percent were owner -occupied units and 26 percent were rental units. The mix of housing types available in Plymouth became more varied during the 1980s. The proportion of non -single family detached housing increased from 33 percent to 40 percent. At the time of the U.S. Census, nearly half of all housing units in Plymouth (9,297 units) had been built during the 1980s. Only 4 percent of the housing units were built prior to 1950. This high proportion of newer units is a major reason why the cost of housing in Plymouth is above average. Housing Cost. and Affordability: Plymouth's 1990 median housing value was $127,400, compared to $87,400 for the Twin Cities. The median rent in 1990 was $611, compared to $479 for the Twin Cities. In 1990, 75 percent (563) of Plymouth households with incomes 30 percent of median income or less paid more than 30 percent of their income for housing. Sixty-eight percent (509) of the households at this income level paid more than 50 percent of their income for housing. Seventy-six percent (564) of Plymouth households with incomes from 31 to 50 percent of median income paid more than 30 percent of their income for housing. Thirty-six percent (265) paid more than 50 percent of their income for housing. There is a shortage of housing affordable to households with incomes less than 50 percent of median income. There is, however, a surplus of units affordable to households between 51 and 80 percent of median income. Despite this "surplus", 52 percent (1,030) of households at this income level paid more than 30 percent of their income for housing. This mismatch occurs because households with higher incomes live in units for which they pay less than 30 percent of their income. In total, there are 6,901 housing units affordable to households earning less than 80 percent of median. Public -Sector Housing Activities: The City has used 74 percent ($2.4 million) of its Community Development Block Grant (CDBG) funds for housing activities. These funds have assisted 304 units through the Housing and Redevelopment Authority's HRA) Rehabilitation and Homeownership Programs, grants to non-profit developers, and the pre - development costs of senior citizen housing. With CDBG and other funding sources, the HRA has spent $9.46 million on housing since 1975. In October 1994, the first subsidized apartment building for senior citizens was completed. The ninety-nine unit building provides subsidized housing for senior citizens, with priority given to applicants whose incomes are at or below 50 or 80 percent of median income. Plymouth Towne Square is financed, owned, operated and subsidized by the HRA with local funds. Rents are subsidized by the City through $275,000 in property taxes levied each year. The City is currently negotiating assistance for 64 units of private rental housing to serve households with incomes up to 60 percent of median. Adding up all publicly -supported housing activities in the City, 760 units of affordable housing in the City have been assisted with public funds since 1975. Issues and Barriers: Current land and building prices make the cost of developing new, affordable single family housing prohibitive. The shrinking supply of vacant land within the Metropolitan Urban Service Area (MUSA) market demand, and environmental restrictions are likely causes of the higher land and housing costs. Vacant land outside of the MUSA is a potential resource for the development of new affordable housing. The City is examining local requirements that may inhibit affordable housing development and will be considering making changes to these requirements as it updates its land use plans in 1995. To meet the housing needs of residents and employees in the present and future, a community needs to provide housing choice through a range of housing types and prices. This policy requires that public resources be available to foster the development of affordable housing. For further information on housing affordability in Plymouth, contact Ed Goldsmith, HRA Supervisor, at 550-5047. Low Income Households that Paid More than 30 and 50 Percent of Their Income for Housing 30% of 31-50% of 51-80% of Median Median Median Income Level D Paid >30% Paid >50% ® Households Source: HUD CHAS Databook, 1990 Affordable Housing TTnits Comnarerl to T4nncPhnlrlc Income Level Total Housing Number of Shortage/Surplus Units for Units Households of Units 0-30% of Median Income 214 752 538 31-50% of Median Income 473 744 271 51-80% of Median Income 3,876 1,971 1,905 Source: HUD CHAS Databook, 1990 PubliclV-SUDDorted Affordable Housing TTnits Program/Development Units for Units for Units for Units for TOTAL'''''»`'' 50% of 60% of 80% of Special Median Median Median Needs Income Income Income Individuals HRA UNITS Section 8 Certificates 123 123 Section 8 Vouchers 50 50 Plymouth Towne Square 33 64 97 Housing Rehabilitation 154 154 Scattered Site Homeownership 5 5 First Time Homebuyer Program 43 43 Non-profit Homeownership 2 1 3 Non-profit Special Needs Housing 3 3 Subtotal 2061 1561 113 1 3 1 478' NON -HRA AFFORDABLE HOUSING Housing Revenue Bonds for 46 46 Multi -Family Rehabilitation Section 8 New Construction 153 153 Housing Finance Agency ro rams 64* 17 2 83 Subtotal ' 199 64 17 2 282 TOTAL 405 220 130 5 760 w .---a nn —ulL ueveiupment co De Dunt WETLAND PROTECTION ORDINANCE On January 3, 1995, the City of Plymouth adopted a wetland protection ordinance. This ordinance was developed over roughly a one year period with substantial input from residents, developers, public agencies and experts in the field. The ordinance incorporates by reference the Wetlands Conservation Act of 1991 WCA) and any future amendments adopted by the State Legislature. In addition, it regulates the use of lands surrounding wetlands by requiring buffer strips to protect wetland shorelines from erosion, while serving to filter sediment, chemicals and other nutrients before storm water discharges into the wetland. Buffer strips are also beneficial in providing habitat for wildlife. The wetland ordinance affects only new development in the City. However, the City Council has recognized the importance of also addressing water quality in the developed portions of the City and will be identifying appropriate measures for protecting wetlands in these areas in the surface water management plan scheduled for completion by the end of 1995. The ordinance establishes four classifications of wetlands, based on their functions and values. The WCA does not currently differentiate among wetland classes, but changes to the legislation proposed by the Wetland Heritage Advisory Committee would add this feature at the state level as well. The ordinance establishes two sets of standards for wetland buffer strips and setbacks. The basic standard applies to structures, roadways and trails in all zoning districts. It establishes average buffers of 75 feet for exceptional quality wetlands, 50 feet for high quality, 30 feet for medium quality and 15 feet for low quality wetlands. The ordinance establishes a 15 -foot structure setback from buffer strips, regardless of the quality of the wetland. The City has also developed alternative buffer strip standards that may be applied where the physical characteristics of a parcel of land may necessitate narrower buffer strips to allow for reasonable use of the land. The ordinance establishes standards roughly one half the size of the basic standards. This is a unique element of the City's ordinance. It strengthens the ordinance because in these instances an applicant must both show how the subject parcel meets the standards for narrower buffers and design extraordinary management measures that at least duplicate the performance of the standard buffer. It also strengthens the ordinance legally in that it provides an additional option in cases that might otherwise result in a taking. Another relatively unique element of Plymouth's ordinance is that it establishes buffer strip vegetation performance standards. The ordinance sets out planting and maintenance requirements for buffer areas that are not vegetated or have been cultivated or otherwise disturbed within 10 years of permit application. DATE: January 19, 1995 TO: Mayor and City Council FROM: Kathy Lueckert, Assistant City Manager &Ir SUBJECT: Progress Report on 1994-1995 Goals and Objectives In preparation for the January 30 meeting, attached is a spreadsheet showing progress to date on the goals and objectives you established last spring. Currently, our thought on the process for the meeting are to answer any questions you have on the current goals and objectives, to discuss any possible changes in the objectives, to talk about priorities, and to consider possible additions or deletions. Next week's packet will contain more information on the process for reviewing goals and objectives. As always, we welcome your input and suggestions. Also attached is a list of the City's accomplishments for 1994. 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J o3i Z O U o3i Z Q O U Co O U obi Z O U t t c' c' Ln b0 b0 b0 u1 b0 Ln b0 b4 mrnma,mmmm M T, aNa% ON M M MO O O O O O Or -I r -I r -I r -I r -I 4 r-4 b0 b0 b0 b4 60 M M MM 000 0NO00 b C u V E n LO o o s L bO 4 Z• N p y O dU O d L E O d b4 SC 0 C O LU caU C V- S.Y O S 0. d L 0. 3 V cC 0O R of u Q° L n OON4 V cc m n= E o y rn N, N bOJ; X o W C' d OC 4F dy OC 0: L N cc y N 4Jw p' O Ou 72 3 L. c h o3i o oLi oLi U Q z 3 U W oo a d O O U FLE M CD cmccCL E ACTIVITIES AND ACCOMPLISHMENTS FOR 1994 Major City Projects: Northwest Boulevard completed City Center expansion begun West Medicine Lake Park acquisition Street reconstruction/in-house engineering Schmidt Lake Road alignment and extension to Fernbrook Lane County Road 24 project -Hwy. 55 to 101 Major Development Projects: Sam's Club Ponds at Bass Creek Tricord Building Carlson Companies Co. Rd 15 $ 494 Holiday Store -S. Shore Drive New Armstrong High School Field Savannah -Lundgren Towne Square opened New Library started County Road 9 plans 26th Ave. design Heather Pond Park New Accessible Playground Dunkirk Lane north of Hwy. 55 West Health Campus* Mission Farms Nursing Home* Olympic Steel* P.O.S. Business Systems* Daily Printing* New Wayzata High School Fingerhut Environmental Initiatives: Created Open Space Committee and received initial report Conducted a complete wetland inventory with classifications by function Enacted an interim wetland buffer ordinance; approved a permanent ordinance on January 3, 1995. Created a tree preservation subcommittee Educated the public on phosphorous problems and approved sale of phosphorous free fertilizer Approved a Water Resources Engineering position in 1995 budget Approved funding for a Surface Water Plan in 1995 budget. Revised Shoreland Protection ordinance Community Development Initiatives: Completed an Existing Land Use Inventory using a Geographic Information System Joined the I-494 Commission Analyzed need for Schmidt Lake interchange Conducted an economic development survey and developed an economic development policy. Approved new cul-de-sac regulations Decided reguiding of large parcel west of Peony and north of Hwy. 55 Reviewed sewer plans for NW Plymouth -Elm Creek Interceptor Sewer Gathered extensive housing information about the community Implemented rental housing inspection program Financial Initiatives: Approved guidelines for new Community Improvement Fund Revised policies to comply with State Auditors Report Approved a Capital Improvements Plan Completed bond refinancing Approved a 1995 budget with no tax increase Designed and approved a new utility billing system Public Safety Initiatives: New K-9 unit approved and established New Cadet program initiated Revised snowmobile regulations New Traffic Enforcement Unit designed and approved in 1995 budget Fire Department won Life Safety Award for neighborhood education General Council -Administrative activities: Pro -Plymouth Pledge Selection of Ward 2 Council member (twice) Selected new City Attorney firm Developed and approved goals and objectives for 1994-95 Revised meeting procedures for Council meetings 01/18/95 18:56 MESSERLI KRAMER i 6125505060 Mesrli Kramer P.A. Telecopier. (612) 672.3777 N0.539 D01 Telecopier Transndttal ,sheet Attorneys at Law 1800 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402-4218 Telephone: (612) 672-3600 The information contained in this facsimile message is attorney privileged and confi&ntial information intended for the use of the individual or entity named below. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. 1fyou have received this fax in error, please immediately notify us by telephone, and return the original message to us at the above address via the U. S. Postal Service at our expense. DATE T0: j TELECOPiER AaFROM: Aa V r 6 C) Direct Dial #: (612) 6 SUBJECT: M L NO. OF PAGES: including this cover page. If you do not receive all pages, or are experiettng- other problems in transmission, please call $12) 67 -2 --Thank you. VAS -Q --,5-}- COMMENTS: l i/I F/9 5 . File Name: I.D. # File Number: Transmission: Regular Confid fl ial 01/18/95 18:57 MESSERLI KRAMER 4 6125505060 MEMO DA'T'E: January 18, 1995 TO: MLC Operating Committee FROM: Bob Renner, Jr. MA- RE: North Metro Mayors Legislative Priorities Impacts of Power Equalizing Local Tax Bases I. Northern Mayors Legislative Priorities Please find attached a copy of the North Metro Mayors Association's 1995 Legislative Worksheet (document #1). This worksheet was sent to NMMA cities in July. The response$ were calculated and appear on the attached memo entitled "Average Ranking" Please note that fiscal disparities is the number one issue with a rank of 1.41% t1. being highest, 5 lowest). Also attached is a copy of how each city ranked these legislative issues. II. Potential Orfield Legislation - Power Equalization of Tax Bases Also find attached a copy of a computer simulation illustrating the impacts of legislation which would equalize the tax base of every city in the Seven County Metropolitan Area. The equalized tax capacity per capita is $2,002. This amount was calculated by dividing the total metropolitan area tax capacity by the total metropolitan area population. If your city has an average tax capacity of more than. $2,002 per capita you would be a loser, i.e. your tax rate would increase. If it is less than $2,002 per capita, you would be a winner because this legislation would artificially provide additional tax capacity which would allow your city and county to reduce its tax rate and still generate the same mount of property tax dollars. I've attached separate handouts illustrating the impacts on MLC cities as well as a random selection of other metropolitan communities. Note that ten MLC cities are losers under this power equalization concept. Shoreview and Roseville become winners because the Ramsey County rate would drip significantly. Standing alone, Shoreview would be neutral and Roseville would be a loser. This issue will be on the February 8 MLC Board of Director's agenda. RGHWP;6HG0_I. WG] 6 0r-a*-M-B-f] Ranking iIigh Low 1 2 3 4 Ranking High 1 2 Low 3 4 NESSERLI KRRNER 4 6125505060 N0.539 D03 Document #1 North Metro Mayors Association 1995 LEGISLATIVE AGENDA 'Worksheet I. Economic DevelopmentfRedevelopment Tax Increm, inancina: The 1994 session of the legislature did not make any substantial changes to nF laws, other than to establish a policy of authorizing specific city by city projects. It is likely that this practice will continue in the near term. Consistent with legislative direction, NMMA members are encouraged to submit their own TIF regulations for special legislation, NMMA should continue to work with Minnesota Solutions for TIF amendments to remove LGAJHACA penalty provisions. Last year NMMA insisted that Minnesota Solution include in TIF proposed amendments language which would prohibit using TIF where the end result was to pirate businesses from other communities. NMMA is one of the co-founders of Minnesota Solutions and has been a dues paying member for the past two years.) Suggested Action: NMMA should continue to seek legislative amendments to current TIF laws to remove LGA/HACA penalties for housing and redevelopment TIF districts. Consistent with current legislative direction, individual cities are encouraged to submit their own TIF requests for special legislation. OWIjQUaing: The need for a Metropolitan Housing or Reinvestment Fund continues to exist and should be a key legislative issue. It will take approximately $100 million to meet regional housing needs over the next ten year period. A mill levy on all property in the seven county metro area and/or an increase in the current Mortgage Deed Tax are two possible funding concepts. Suggested Action: NMMA should continue to seek legislation designed to fund program dollars for dilapidated and problem housing. 01/18/95 18:58 MESSERLI KRAMER 4 6125505060 N0.539 D04 Ranking High Low 1 2 3 4 Ranking High Low 1 2 3 4 Ranking High Low 1 2 3 4 Le - m mer- TI . Minnesota Solutions has been the primary vehicle attempting to get funding for clean-up of polluted lands that could be used for redevelopment. Suggested Action: NMMA should continue its efforts to secure legislation to fund the costs associated with cleaning up polluted lands. II. Highway/Bridge and Transit Funding The facts are that the State of Minnesota has fallen far behind in transportation funding dollars needed just to maintain the transportation system, let alone deal with expansion issues. The state simply doesn't have a stable transportation funding source. Various funding methods have been discussed by the legislature during the past two legislative sessions, Securing a gasoline tax increase in the 1995 Session may be the best solution, Any such attempt, however, will have to include a provision to also meet transit needs. Since gas tax revenue can only be used for highways, it would take a constitutional amendment to provide the flexibility for Transit to be funded from that source. This would delay a decision until 1996 and the chance of it passing is debatable. Therefore, other sources such as the Motor Vehicle Excise Tax or sales tax on gasoline would provide a more immediate source of revenue for transit needs. Suggested Action: NMMA should continue to seek legislation that would establish a stable transportation funding source for bighway/bridge and transit needs. M. Fiscal Disparities This issue is sure to surface again as the southwest suburbs, and Hennepin County look for sources of revenue to deal with their housing and human service issues. Most of the North Metro cities benefit from fiscal disparities, thus any tampering with the program could have detrimental affects to NMMA, members. Suggested Action: Continue opposition of any change that would negates ively impact the currcut fiscal disparity distribution system. 01/18/95 18:59 IV. MESSERLI KRRMER 4 6125505060 Local Government Aids/HACA N0.539 D05 IWL ACA: All of the North Metro cities benefit under the current formula; any changes would cause our members to face very significant, negative budgetary effects. Ranking Suggested Action: NMMA should work to maintain the High Low current formula. 1 2 3 4 V. Ranking High Low 1 2 3 4 W Ranking High Low 1 2 3 4 Orfield Legislation WQ 1d1 I•o$isja ion: Rep. Orfield has successfully carried various pieces of legislation supported by NMMA regarding transportation, housing, metropolitan governance, etc. He is willing to work with NMMA once again to design a package of legislative initiatives that, if enacted, could benefit our member communities. Suggested Action: Meet with Representatives Carruthers and Ortield, and House and Senate leadership to finalize a legislative action plan for 1995 -1996 in the areas of housing, transportation and revenue distribution. Leap Frog Development CWLeU Frog Dov lloopment: This issue should be one of NNOMs top priorities. It is both a statewide land planning issue and a development nightmare for the seven county metro area. This fast developing phenomenon is beginning to place sever pressure on infrastructure and service delivery systems of most seven county metropolitan governmental units. Representative Orfield's legislation, vetoed by the Governor, would have established a "Sustainable Economic ]development and Environmental Protection Task Force" to study this issue. Suggested Action: NMMA should support legislation that will address leap -frog development on the fringes of the seven county metropolitan areas. 3 01/18/95 18:59 MESSERLI KRAMER 4 6125505060 N0.539 Vn. Tag Reform 9WTax ,,&eform: This issue was a subject of much discussion during the 93-94 session. Various proposals surfaced, including one by the Minnesota Tax Payers Association. None really addressed the issue from a substantive standpoint. One proposal suggested shifting LGA to school aids. This provided little or no actual "reform," but just moved things around where some governmental jurisdictions benefitted and others lost. The only real reform that was discussed would have removed school funding from the property tax. This would take most of the LGA for school funding and leave the property tax to the cities and counties. There would still be some categorical aids to some cities. The State Auditor will be releasing several tax reform studies and recommendations by the end of this year. Ranking Suggested Action: NADA should be prepared to work on High Low legislative initiatives that deal with tax 1 2 3 4 reform. VIII. State Mandates L'Legislated. Mandates: Over the past ten years local governments have been faced with numerous mandates that add to the cost of local govemment and in most cases add little or ;nothing to "make local government function" better. Ranking Suggested Action: NMMA should request its legislative High Low delegation to set up a Legislative 1 2 3 4 Commission to review all current mandates" and offer legislation to fuand said mandates or to delay their enforcement. IX. Sales Tax On Local Government Purchases OwSales tax on p}uc hales mado by local units of government: The sales tax on purchases made by local units of government has been in existence for 2 years. It is simply a hidden tax and has a negative impact on local units of government as they try to manage very tight budgets. 4 Plry 01/18/95 18:59 Ranking High Low 1 2 3 4 Ranking High Low 1 2 3 4 Ranking High Low 1 2 3 4 Ranking High Low 1 2 3 4 MESSERLI KRAMER i 6125505060 N0.539 Suggested Action: NMMA should seek legislation that removes the sales tax on purchases made by local units of government. X. Wetland Replacement Policy W Wetla L Replacement Policy: Current law requires all wetlands must be replaced on a 2 to 1 ratio basis is just not realistic. A 1 to 1 policy makes sense and retains the environmental balance and necessary management controls, Suggested Action: NMMA should seek legislation which would change the 2 for 1 acre rule to a I for 1 replacement policy. XI. Ethics Law The impact of the 1994 Ethics Law places a very stiff burden on local elected officials and should be revisited to ensure that locally elected officials are treated the same as state officials. Suggested Action: NMMA should seek remedial legislation to restructure the ethics laws enacted in 1994. X1. Information Infrastructure Systems IC 1 Ir Q 1. 11 With the advent of the "information infrastructure systems" local units of government have found themselves in a position where they have little or no say about what is happening in this critical arena. Private development seems to be moving rapidly in an area that has historically been considered to be a publicly regulated arena. This entire area should be viewed as being equivalent to a public utility and one which needs to be closely monitored and controlled for the public good. Local governmental units need to have a say in how these vast new methods of communication and information management will be organized and operated. Suggested Action: NMMA should seek legislation giving Iocal units of government a voice in the decision making process with respect to the development of information infrastructure systems. W M. 01/18/95 19:00 MESSERLI KRAMER - 6125505060 N0.539 D08 XIII. Others r - i City: Signature: _ Mayor Signature: _ -- City Manager/Administrator Date; 6 01/18/95 19:00 MESSERLI KRRMER -> 6125505060 NO.539 IP09 18A - Wednesday/January 18/1995 Q- OUR PERSPECTIVE Public housing Don't make the same mistake again Lawsuit losers don't normally receive 100 million awards to correct their mistakes. But that's the happy result in a suit brought by the NAACP and Min- neapolis Legal Aid Society. They charge that family public housing projects in the Twin Cities area have been deliber- ately confined to areas with high minor- ity concentrations. The trick now will be to assure that the money isn't used to make the same mistake again. The $100 million is corning from one codefendant in the case — the U.S. Department of Housing and Urban De- velopment — to enable two others -- the city of Minneapolis and the Metro- politan Council — to demolish and replace 770 HUD -financed housing units dating back decades. The idea is to break up low-income concentrations like north Minneapolis' 350 -unit Sum- ner Field housing project and rebuild over the next five years with units dis- persed throughout the city and suburbs. The goal is commendable, but it could prove difficult to achieve. Witness the running controversy over Minneapolis Rep. Myron Orfield's legislative propos- al to require upper-income suburbs to accept more low- and moderate -income housing. Under terms of the prospective settle- ment. HUD would issue 900 new Sec- tion eation8subsidizedhousingcertificatesto enable low-income members of minor- ity groups to relocate from inner-city areas to other locations. But the results will prove satisfactory only if the Met Council and the suburbs that have been foremost in resisting Orfield's initia- tives are willing to cooperate. Little will be accomplished if the only outcome is to "disperse" replacement units into other parts of Minneapolis and the mostly northern and first -ring suburbs that already have more than their shares of low-income housing units. The segregated housing patterns of the 1990s will merely replace the segregated patterns of earlier decades. So far none of the defendants is willing to admit wrongdoing, much less illegal- ity, with their past housing programs. But the Twin Cities area's current con- centrated pattern of low-income hous- ing would seem to speak for itself. So do policy changes recently adopted b) Minneapolis and the Met Council. The city, which once grabbed for evert possible dollar of federal housing subsi. dy — on the grounds that Minneapoli, was where the poor already lived -- now sees the wisdom of letting the sub. urbs have more of both low-incom( families and the money it takes to pro vide them with suitable housing. An< the council, which during the 1980! largely abandoned its earlier commit ment to dispersed low-income housing has now returned to at least the spirit o that former commitment with its nev Regional Blueprint. The unanswered question is how far the council is willing to go in enforcini Blueprint policies that would give fund ing priority to suburbs which live up t( their low-income housing responsibil ities. That's why Qrfield's legislation, o something like it, still needs to b passed into state law, As for those suburbs that remain recal eitrant, the chance to share in HUD' largesse may win some of them over The real clincher. however, may be th lawsuit itself. For if municipal, metr and state governments won't act o their own to break up poverty cancer trations, it's now clear that they ris having the courts do it for them - probably under terms far less generou and more coercive than the ones negot ated in the current case. 01/18/95 19:01 MESSERLI KRRMER - 6125505060 CONtARi90N OF CURRENT LAW AND NETROWTu COMER EWALIiATtoN ew»ta un rx+ 11HOOb TOWN OF 11 On GROVE 291 RAHSEY 701 140SAINTFAMC19 al'RING aft PAR, 417 f.ARVCR COUNTY of 6; 5E10T N TONN TOWN OF 3CV 1004 1 1 21. CHANHASHN CN"'A 11L CNASKA 100 OF COLOGNE 3 OAHLSREN TOWN OF 2NANB016 NAApNN001p TOWN OF LNTOWNDTDI OOFF 1S MAYER HER GERMANY NORWO00 SANFFRANCT5CO TOWNVICIA WACOHIA 21 2 WACONIA OF 1 NATEERRTONNppdNTTIi YOUNJTIMERECAN OF 1 YOUNG AMERICA TOWN DAKOTA COUNTY Ap 1CAgTVRutTONHOF COAIE3 POU61 AS TOWN OF FFIA414 TONN OF 4 I Of F4AI INGTOH rik!'"VAI.E TONN OF NA+1P, H{1ANP/ N TORN OFRUT INVER 61M -VE HEIGHTS 1 LAKEVILLE 4LYDAI F RSNA Tow OF MENDOTA MENDOTA IIEIBHTS NTI:SVME KEN TRI OF 194400g 698 19, 111106s.3 4 1 2311z' ilk. g7 1712 1349 108.248 171 128.879 i 32t785MASS1 , 1@ 7 1629 34109.952 54 g 10 1094 104.295 14.1g III 1443 1877042 1703.!360 61it1004 1 1 21. li4o a34.61i 1766 069 111065.614 2269 129.266 1lR119.93 1310 146,6402431143.56 1411 127.210 1565 115.280 140 164.7471191124.257 t 37 1598 138.433 11+ 9 42 157003153:47-2554 1431 149.025 1677 125.443 , 2929 147.012 1477 167.523 1857 149.5/6 1 1247 133g4351 453 155 102 1627 133.334 1 1 1916 115.157 1 2500 174.081 2044 111.023 1864 105.286 122117. 110`1. 54 1910 120.436 2252 111.381 1615 134.003 . 21452 90g7.8841' 2012 !05.025 j1711121.339 11930116.980 1 2026 11119, 3.. 2397 lri9.4b l 1724 138.472 295'3 11 .146 ` 2008 10}.001 i 2231 /172.240 1 1388 96.141 2155 93.933 1919 101.103 2002 2002 2002 2007 70 2002 r 2002 22002 2811 2002 113 4/$.103 j -117287 128.179 324483 115.306 100640 121.341 10640111 135.186 -9985036 110,580 -20402 107.1 5 ' 4100 104.30 `- -22320 130.070 1 10798242119.00 41396 113.143-118sm 125.599 68301 1r.0,152 •326:1 0.04 +Z1 119.054 1 164169: 120.645 l Z121.151 . - 3425 132.857 -30113 103.515 # -15383 141.0661 1942 137.6445 1 -357224 19$,g86 4 1654 196.750 1 687., 1 _ 492 , 103.605 ; N0.539 D10 4 29 -12.482 691 •19.144 591 -13.061 417 -9.614 1. 1A3 790 -36.0y 726 -15.74 404 -15.0119 60 -12.430 693-17.559 998 -23.293 570 -23.060 325 -13.341 927 14.957. 525 -20.557 140 -I2.244 75 -17.942 257 -k .611 669 -27.620 375 •17.949 05 3.104 499 11.706 42 -02.443 553 16. 312 92 1.420 250 2.362 186 -8.404 32 75621.139 205 2.205 11063 75 19.263 395 4.639 7s8 1.500 552 .544 614 0.209 267 Hall 01/18/95 19:02 MESSERLI KRAMER -> 6125505060 JAN 0G #95 11:52 M94900072949000'7',2 FROMS COHPAnSOH OF CURRENT LAO AMI WTWOLITAN PO41E1 f;MIATIN IASED 08 PAY SLE 1994 Mil 9CIOYAOT A ----•--! SURFTLAKEl LAKE 1 YrAMILLM TOWN OF 11LSTRSIRPAUL 1 1903 1l9551pp1 3406 10305926 831 171 57 12934 41 0626w1 2347934 14012 166417114i{ 570377 I 1321087 7002 142.273 2002 133.9511 12002129.185 ' lit: it 103 124.820 22000022 169.718 b-- 1448.2131 2 01 163.890 2 105171: 680 N0.539 D11 T-135 P.03 22762538 bol 14.280 73505737058 4 $ 'S• 454991 20902 •2003 31.031 22026170 -1405 44.835 2698110 'I'm 24.909 12400`` 106 18.228 A3t4 -41 106 106ti3141d - 106 221 1S. bE s 0 993 -2124 3 • 4 276152 •418 . 8¢. ;¢ I 007-tDa 343967 avw 2399 158.920 1 195561! 2002 64.572 1 124124 45673 31458 2165 1109 139.212 1130.2581 15212 3 381 0 130.892 54064 8794469 392753 2069 1872 135.665 139.744 2 5 47 1189221 2002 2002 137.670 160.437 1 443522 964]4 2655 409S 130.620 ' 119.649 342282 2511905 200 20911$7.665161.247 1 1x5.607 111¢8024!831 4 491737YS137v) 1738 31221 119 1 1.650 132. % u75167 20p0p2 160.62) -11181506 33535342e 0762 3 251073 002 153.241 22313355 6175501 5044038 1651 1765 1133.068132.242 1 7480170 17064459 2002 2002 MOW 128.314 1312669 20 5021 12160900 2326882 y1587 126.300 159310375 i:262 1 2Q02 2002pppp 165.107 1f .866 -159N75 6850525 77 X6282016 28 4034732161 31201747 2002 125,027 1 9874 11327503 79456 1368 IP12 131.156 131.1131 1214800? 8$6023 2002 845 120.513 14 4607507 32898 9Y?!55 957897 5571036 814 4041518 141.19 137.354 1Ja8.7 Sb 63 734 53 2502 7002 216 110.7$6 125.626 1 345434 1175017 6903)7 50937171 11 194 161.326 1 133.174 812670 39978939 2002 20Q2 152.14? 73.715 122513 1041168 7565123 1417077 gg02 1;73 140.57]4 ' 137.638 i 4451660 1695 97 2 2002 1 3.454140.141 1 3113455 278320 2356767 999005 4 9 130.435 5.533 1144.60 350 2002 2002 171.911 } 161.350 1 1191007 3492116 1680377 95 13 128.530 316285 7002 17'8.471 1 1334092 90SEY COUNTY ARDEN HILLS 9845300 FALCON HEIGHT$ 3548788GEHLAKE LAUDERDALE 1554901 LITTLF CARAD! 6945370 MAREWOOD 29093457 HOUNDS VIEY 6326696 ME0 111ONTON 15018035 WORTH OAKS 5894416 NORTH Si PAUL nl77325 ROSEVILLE 33104933 SAINT JpAUL 17 0$293 19044x18SHORFYIEN VAONAIS W.164TS 8035363 HNITE RFAR 1 AIF 11706887 WHITE BEAR TOVH OF 6334476 3353 11t33322g.415 493511136.03 132$ 148.053 1741 146.09 2464 111.69 1733 132.764 5064 123.142 8 1525 4 139. 063 1S65 147:@31 1993 134. 8 19:35 1355.351100989134371 5076842 430-2113,17 11966580 24288011 9593905 k 173462922329920 928162 1 7?4175 221042119 19105741 9312849 18543215 7009715 2002 141.1:1 2002 128.212 2000022 139.66: 2002 15:59 2002 13S.25; 2002 129.37, 2002 121.091 20M 132.59 2002 7.79 7007 156.28 2002 128.45 200' 90 13 1. 125.73 2Q 2 12x..79 1 •7'B538 7!3001 200x/5! 1 7070;• 156054%6 3267209 4 1 354496 t 2210321 5A9?.t7 s ! 4028/093 2 j 73748$ 5 U3F391 6 61,5299 1017 28.109 4253 61.183 1780 23.411 351 2.940 236 -3.929 2581 1:44554 033 -11.x°2$ 759 -9-SIS 31 -0.98I 1407 18.934 484 -13.162 301 -9.181 52 0.542 1400 32.60 329 2.503 2040 5.476 1993 1.817 7712' 49.935 1357 9,759 347 -10.137 1009 3.640 678 1.15.99 261 -10.49 162 0.556 682 -12.031 269-5.674 3062 9.460 476 •9.6$1 416 2.80 437 12.344 414 -10.386 193 -11.575. 01/18/95 19:03 MESSERLI KRAMER - 6125505060 N0.539 812 JAN 06 195 11350 T0= 949000'12 MOMS T-136 P.01 COMPARISON OF CURRENT LAN AP N67ROPILITAN PI A 1QUALI2ATION BASET ON PATABLE 1994 DATA Net ax Net 9CoTT COUNTY gSEL1EPppL,Ai T y 0 15311319529 1 149.407 1 12413 7 2002 11284.306 1 715p 6 -21.234 RLACFLET TOWN OF 760543 1797 173.92 ?9 4 t 122.407 y 726 205 -11.95 CAfDIt R72EROTOUN0 2206578331 204 124:201 919604 119.508 ` -4860677 -46 -4.698 ELKO 178068 1543 162.429 1 137 2 4 4 41? -1 . 9 lLENA TOWN OF 17704! 1477 !18.925 789615 2002 111.659 9554 4 -1.266 JACKSON TONH OF 688821 1432 122.3g0 1 %2793 1002 118.1}}1 273911y 70 -4.1 0 L01i1SVItl TOUR OF 1633140 1 Ims 37 120.700 256 187 2002 18.473 X4675 -236-2.a 9 Hl q HµbR84E TORN Of 62 2252 136. 1/11187 2002 13333.758 1 921 231 -0-0,443 SAIONRT ' RRf 11CC 101tN 7612 7 1958 1 9 139 1 3 7 139 8f 1 dd g [ $6 -12. 9 SAND CAffX T4NR OF 017 526 1474 129.671 1 4 j 2001 !19.1 1 1P ] 29 -11.21 9AVAOf 7489907 1761 156.251 1 !3013 2002 152.036 1023106 241 -4.214 SNACO E 10447568 292 146.679 9125519 2002 147.373 -1322047 -290 0.694 SPRING ! Ari TOY11 o 2123363 2123 121.309 i 2001649 2002 114.100 1 -1217L4 -122 -1.209 4ASHMOTON COUNTY i gg 3 AFTON40 UYPORT 28272 351818 1140613 1 419IS 7500 2 02178121 -1749911 -1586 37.4808 AAYTOVN TORN OF 96772219 p2236 1 i 1.9p122 682562 2002 123.007 -2846557 -835 11, 09: CMIME16 6ROVF 13@5068 !)79 131.529 1 59glI 2002 125.519 -162163 -224 -x.480 d15594130.129 174 DELLY0o0 193?073 !LID 111,229 414SM p002 15 152 1 g561 4ggppgg 31 DENNA11f TORN OF 1221058 3068 109.191 ( 796656 2002 119.758 -4 M7 - 2066 9 FOREgT LAK 4013248 1619 1!3.490 1 4% 2402 107.482 949810 39 -6008 FF ORESILAX[ TOUR OF 4607203 l98 105.156 1 461884 qZ 103.314 9p 4 -1.842 CRAYTCI OWN OF T 6777 2 8 6 135. 006 2490052 2p002 127.375 1 - 11 R1199 14,199 gg 332274 20 113. 100 180633 -1.29Q1 IKE ELNO 16 6ISG8225 154 29. 3 6' 53 1091371 2002 l30 495 1 ,524794 -257 8,31$$9 LACE ST CROIX TEACH 585ti55 1331 ftill 87Y4 2002 119.452 293069 668 1.140 LAILANO 1294153 1979 113.248 1308079 2002 119.996 14926 23 6,748 LACELAMI SHORE 2618202359 !11.255 2193 2002 ly4.250 ' -39651 -551 9 5 LANDFALL 6=12192 122.874 1 568452 2002 129.192 -52109 -190 6.317 MANTONEII 4125434 2039 126.410 4049336 176.071 76099.601 MARINE ON U MIX 695131 2909 128.020 1 478394 2002 150.230 1 -2I6731 41 21.410 NAY TOWN OF 7127359 2426 101527 4381 1765446 2222 129.589 -371913 -424 11.161 WEN SCANDIA TO11N OF 2224804 1972 14?257859 2007 1 782 33055 29 -2.060 NENPO T HIS146 2087 1 1 INURE 2002 131,081 ,-115523 -46 0.0 4 OAK PARK NE16M 6013036 4123 122.105 2622325 2002 152.156 2991513 -2122 30.053 OAKOp 1 11x4 380 12 122.78 164 3S1S 2002 116.355 1 SIS9135 680 -6.388 PINE PRIM 9 41507 0 115.196 2 2224 2002 !27.774 j -142293 -1046 12.516 SAINT HAPS POli1T 316752 2475 1 2 I Qp 123 157 -60541 -413 10.47 SAM PAUL. PAR[ 2430566 1346 125.026 1 3614976 2902 119.347 1 1104412 056 -0.61 gSTIUNATER 9376043 1721 127.442 ' 10902993 p002 l32 9 g91 1526440 280 3.4 7 11ESTLL1R ANDNroaH 166826 2931 ]05.7 115 49 (( 11107 2002 1!5.033 1 -623719 -59230 10.34! 1 11ILLERNIE 316797 1 134.81 i 17 72i 2 2 i32.6Q4 ; 2t4ge75 zr4 2.74y NOOOOURT203115962216121 , 79Q2 minegp9lfs ISR Offlo, 1117!94 Van 1!YC+i@a o: g AMIA Com: P 01/18/95 19:04 MESSERLI KRAMER 4 6125505060 N0.539 JAN 06 195 11:53 Tp: 942 FROM' T-•136 P. 04 LTex Base Sharing Plans WlntNt d l.arr of NaiTUt q hl Pd 0.8 t- U.0 0.4 0.2 68.z% Wmnt F&W ObWIft %w aw"OF Dwpw tt ouro A+aa Houle o Rtphteed irK-HoWee Resaatch Il rrrrrM ll 1IP rnu M l I YiI..YN11 11 N+r++pM1111s 913 01/16/95 19:04 MESSERLI KRAMER 4 6125505060 0 m IWO 0 o O o A cv 1 eD v w a L CA ip g t 7 to m w to p p d 0 iD ¢ i " OD Q OD OD to QO W -. Fig j •a O .. CO „tp,,, `C M r .. r eh D iv =a co ca o G A O ,1 m m w r N r O GODcTttvr to ao rP a0 cn o0 rgot o 74 07 t3 W C Gn CA r G? 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Fiscal Disparities 1.41 Lead 2. IHighway/Bridge & Transit Funding 1.47 Lead - Supportive Numerous organizations) 3. Economic Development/Redevelopment 1.71 Supportive Tax Increment Financing MN Solutions) 4. Orfield Legislation 1,75 Lead 5. Economic Development/Redevelopment 1.76 Lead - Supportive Housing ANIlVI) 6. LGA/HACA Formula 1.82 Lead - Supportive 7. Leap Frog Development 1.88 Supportive State Issue/League) 8. Tax Reform 1.88 Supportive State Issue) 9. Economic Development/Redevelopment 2.06 Supportive Polluted Lands M Solutions) 10.' State Tax on Local Government 2.18 Supportive Purchases State Issue/League) 11. State Mandate 2.29 Supportive State Issue/League) 12. Wetland replacement Policy 2.53 Supportive Urban Wetland Coalition) 13, Ethics Law 2.59 Supportive To be determined) 14. Information Infrastructure Systems 2,65 Supportive League Sub -Committee) 01/18/95 1e:0 MS E LI K A E _ 6125505060 7 k z @ § 0 2 R - jm e _ n 2 k 7 7 r3 0) 9 j e 9- 44 qbt 4 ILI f F ƒ 4 © 2 ; NO. 53 e D17 o K k R - j2m e _ c 0) j 9- 44 f F ƒ 4 © 2 ; NO. 53 e D17 1e:0 MS E LI KR E -- 6125505060 NO. 53 e D18 fn in V q B a 94 z g @ v 7 2 2fj g_ L4 r 2 3 2 6 S NO. 53 e D18 fn 01/18/95 19:06 MESSERLI KRRMER 4 6125505060 NO. 539 D19 OFFICIAL COMlVfUN1CATION FROM THE OFFICE OF THE GOVERNOR OF THE STATE OF MINNESOTA ARI'VE H. CARLSON GOVERNOR FOR IMMEDIATE RF. EASE January 17,1995 JOANNE E. BENSON LT. GOVERNOR ONTACr: c mdy arucato 0) 296-0017 GOVERNOR CARLSON NAIVES CURT JOHNSON CHAIR OF 111E'i' COUNCIL Governor Arne K Carlson today appointed Curt Johmon to the chair of the Metropolitan Council. Johnson replaces Dottie Rietows who has served as chair since November 1992. Rietow, who did not seek reappointment, is leaving to Parcae new and different challenges in the private sector. Cort is a leading authority on many regional policy im m specifically eoneeming the Met Council," Governor Carlson said. "The Met Cound will benefit immensely by his proven leadership. His wide breadth of profsasiooal gpuienee, coupled'with the accomplishment$ he has achieved in the public actor, wdi be a tremendous umt to the council. Y stn delighted that Curt has accepted flus appointment.' Johnson, 51, served as the Governor's Chief of Staff Roes June through Deeamber 19K Prior to that position he had served in the Governor's Office for throe YOU& first as senior advisor to the governor and bginWng in IM IS deputy chief of staffi He has served as the Governor's chief legislative policy rep%sentstdve on majar ism including elementary, secondary and higher education, health we and IZUMW set*ft Prior to joining the Governor's office, Johnson *a atiaen's Lamas, s nado=4 known public policy and research oration basad in Mitmeapali , fat 11 y w& Johnson also served as president of Minuoapol>s Community C490ge tions 19r"1, president of Inver Hills Community College from 1973-79; acid presldM of Hibft ' Community College from 1972-73. He is a graduate of Hsylor Unio'm'sky in Hou.WA Texas and earned a doctorate from the University of Texas, Austin The Metropolitan Council coordinates the planning and devolopmans of the sevonPoottnsty metropolitan an and establishes policies for regional transportation6 sews, airports, parks, human services and ;housing systema. The council consists of 17 membats appointed by the Governor, including 16 members selected front di Mcft drawn by the legislature and a chair. On request, this information will be made available in alternative (01=44 (tot example, Braille, large print, audio tape or computer disk). C:yndy Brucato 130 State Capitol,. St. Paul, Minnesota 55158 Deputy Chief Of Staff AN EQUAL OPPORTUNITY EMPLOYER t6121 s96-oo75-TOO Director of Communications 1 ( 800) 657.3598 -TDD iti 1 a nt 7 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Attorneys at Law Thomas J. Campbell ( 612) 452-5000RogerN. Knutson Fax (612) 452-5550ThomasM. Scott Gary G. Fuchs James R. Walston CONFIDENTIALElliottB.KnA. Lunzerh Elizabeth A. LATTORNEY/CLIENT PRIVILEGE Andrea McDowell Poehler January 16, 1995 Ms. Anne Hurlburt City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447-1482 RE: TCF BANK Dear Anne: You asked me to review the proposed TCF addition to Rockford Road Plaza to determine if we could sustain a denial of the project. Last fall the City Council denied an amendment to the existing PUD for the property that would have allowed the TCF addition. TCF is apparently about to reapply and has indicated that if it is turned down again it will sue the City. My conclusion is that our chances of sustaining a denial if a new application is submitted are slim. The two principal reasons the project was denied the first time are: (1) additional traffic, and (2) automobile headlight spillage into the residential neighborhood. The traffic analysis prepared by S.R.F. concluded that approximately 100 additional trip ends, a one percent (I%) increase, would result from the TCF expansion over and above what the previously authorized expansion of Target would generate. The trip generation analysis was based upon the ITE data on average work day trip rates. The ITE study also provides a range of maximum and minimum trip rates for each studied use. Comparing the minimum anticipated trips for the bank with the maximum for retail expansion, the retail expansion could generate more trips than the bank. The S.R.F. analysis also leaves out Saturday and Sunday trips. An expansion of the retail use will create a lot more weekend trips than a bank. Retail will also generate more evening trips than a bank. When a proposed use is no more intense than a use that is already permitted, denial of the proposed use is not sustainable. Amoco Oil Co. v City of Minneapolis, 395 N.W.2d 115 Minn. Ct. App. 1986). The headlight problem can be reduced or eliminated by a wall or fence. We would have a difficult time denying the application on the basis of headlights unless the applicant refused to abide by a condition mitigating the problem. Suite 317 • EaoandaIc Office Center 9 1380 Corporate Center Cllrv'e 0 Ewan, MN 55121 Ms. Anne Hurlburt January 16, 1995 Page 2 The TCF bank proposal requires an amendment to an existing PUD. Our ordinance is very unclear as too whether a PUD is a conditional use or a zoning district designation. Because zoning ordinances are interpreted in a way that results in the least restriction on the use of property, a court would probably conclude that our PUD is in the nature of a conditional use. This conclusion is significant because the City has much less discretion in reviewing a conditional use than it does in reviewing a rezoning. Although the standard of review in both cases is whether the City's action was reasonable: In enacting a zoning ordinance or in amending an ordinance to rezone, the approach is legislative; what is involved is a kind of municipal planning in which a wide range of value judgments is considered. On the other hand, in * * * denying a special use permit, the inquiry is more judicial in character since the zoning authority is applying specific use standards set by the zoning ordinance to a particular individual use. Honn v. City of Coon Rapids, 313 N.W.2d 409, 416-417 (Minn. 1981). Cities are reversed more often in denying conditional use permits than in any other form of land use regulation. Conditional uses are better thought of as permitted uses to which you can attach reasonable conditions than as a use you can deny outright. There are exceptions, of course, but the exceptions are rare. You could, for example, turn down a conditional use if it is inconsistent with your comprehensive plan as long as your ordinance specifies that you can deny a conditional use for that reason. BBY Investors v. Cid of Maplewood, 467 N. W .2d 631 Minn. App. 1991). If the City wants to turn down TCF's application and have the denial sustained, we will have to change the rules. The zoning ordinance will have to be amended in ways that would prohibit the use. If an application appears to be imminent, a moratorium should be considered. Because of the disarray in the PUD section of the zoning ordinance, a moratorium on new PUD's and amendment to existing PUD's might be appropriate. Very truly CAP LL, KNUTSON, SCOTT IPUQHS, P.A. BY: ig erN. Knutson RNK: srn