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HomeMy WebLinkAboutCouncil Information Memorandum 09-06-2002rp Dummy SEPTEMBER 6, 2002 Human Rights Commission September 12 meeting agenda.............................................................. Page 3 Official Meeting Calendars for September, October, and November ............................................. Page 5 Tentative list of agenda items for future City Council meetings .................................................... Page 11 NEWSARTICLES, RELEASES, PUBLICATIONS, ETC. Note: City Councilmembers and Department Heads will be receiving information regarding a housing lawsuit filed by the Alliance for Metropolitan Stability, the Community Stabilization Project, and the Metropolitan Interfaith Council on Affordable Housing against the Metropolitan Council and the City of Eagan. Also included with that information are comments posted on the AMM website from Association of Metropolitan Municipalities Executive Director Gene Ranier. Star Tribune news story examining Metro area voter turnout along with census profiles of who votes in elections..................................................................................................................... Page 12 Star Tribune news stories focusing on the proposed smoking ban in Eden Prairie. Included at the request of Councilmember Harstad........................................................................................... Page 14 McKnight Foundation announcement of a new public service campaign to "embrace open space............................................................................................................................................. Page 19 Northwest Suburban Chamber of Commerce invitation to the October 3 Annual Dinner ........... Page 21 STAFF REPORTS Hennepin County Adult Correctional Facility Population Report ................................................. Page 23 CITY COUNCIL INFORMATION MEMO September 6, 2002 Page 2 CORRESPONDENCE Letter from Marty Guritz regarding Plymouth's withdrawal from the Northwest Hennepin HumanServices Council................................................................................................................. Page 31 Letter from Plymouth and Hennepin County staff to residents with an update on the County Road101 Project.......................................................................................................................... Page 35 COUNCIL ITEMS City Council and Mayoral Candidate Filings as of September 6, 10:00 AM ................................. Page 37 AGENDA Plymouth Human Rights Commission September 12, 2002 Falun Dafa Demonstration at 5:30 p.m. Lunch Room (lower level) Regular Meeting at 7:00 p.m. Lunch Room (lower level) 1. Call to Order 2. Approve Minutes 3. Approve Agenda 4. Presentation A. Incident regarding Handicap Transfer Zone at 235 Nathan Lane S. Committee Reports A. Review draft Immigrant Handbook B. Review draft revised Bias/Hate Crime Plan C. Report on Domestic Partner Registration Request 6. Old Business A. Discuss Hennepin County's African American Men Project 7. New Business A. Plymouth on Parade, October 5 B. Tri -Pack Covenant (Claudelle Carruthers) C. Revised list of Places of Worship serving Plymouth D. LMHRC 31St Annual Conference, September 28 8. Announcements and Articles (for your information) A. Together B. Multicultural Cookbooks C. Pittsburgh Mobilizes EVERYONE to Overcome Health Disparities D. Funding for Anti -Racism Efforts in Ramsey, Washington, & Dakota Counties E. Fight Hate and Promote Tolerance — Target Store Upcoming Meeting Events List is attached 9. Adjourn 3 OFFICIAL CITY MEETINGS September 2002 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 LABOR DAY - City 7:00 PM 7:00 PM Rosh Hashanah Offices Closed SPECIAL PLANNING begins at sunset COUNCIL COMMISSION, MEETING: Council Chambers BUDGET STUDY SESSION, Public Safety Training Room 8 9 10 11 12 13 14 7:00 PM 5:00 PM CITY 7:00 PM EQC, 7:00 PM HUMAN 10:00 AM -5:00 REGULAR COUNCIL Bass Lake Room RIGHTS PM AUTUMN COUNCIL CANDIDATE COMMISSION, ARTS FAIR, MEETING, Council FILINGS CLOSE Lunch Room (this Parkers Lake Chambers meeting only) Park PRIMARY ELECTION DAY - Polls are open 7 AM - 8 PM 7:00 PM PRAC, Council Chambers 15 16 17 18 19 20 21 Yom Kippur begins at sunset 7:30 PM YOUTH 7:00 PM PLANNING 7:DO PM HRA Medicine Lake Room 9:00 AM - 3:30 PM, ADVISORY COMMISSION, 7;Do PM PUBLIC PLYMOUTH COUNCIL, Council Chambers sAFMADVISORY CLEAN-UP Council BOAR Library Police Dept DAY, Public Chambers Works Maintenance Facility 22 23 24 25 26 27 28 7:30 AM LOCAL BUSINESS 7:00 PM PACT - Bass Lake Room COUNCIL, Radisson Hotel 7:00 PMREGULAR COUNCIL MEETING, Council Chambers 29 30 7:30 PM Aug 2002 Oct 2002 YOUTH ADVISORY S M T W T F S S M T W T F S 1 2 3 1 2 3 4 5 COUNCIL, 4 5 6 7 8 9 10 6 7 8 9 10 11 12 Council 11 12 13 14 15 16 17 13 14 15 16 17 18 19 Chambers 18 19 20 21 22 23 24 20 21 22 23 24 25 26 25 26 27 28 29 30 31 27 28 29 30 31 modified on 9/6/2002 4I 15 OFFICIAL CITY MEETINGS October 2002 Sunday I Monday Tuesday Wednesday Thursday Friday Saturday Sep 2002 1 2 3 4 5 S M T W T F S 7:00 PM 7:00 PM HUMAN 1:00 PM -5:00 PLANNING RIGHTS PM 1 2 3 4 5 6 7 COMMISSION, COMMISSION - PLYMOUTH ON 8 9 10 11 12 13 14 Council Chambers Council Chambers PARADE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 6 7 8 9 10 11 12 7:00 PM REGULAR COUNCIL MEETING, Council Chambers I 7:00 PM EQC, Bass Lake Room 7:00 PM HRA - Medicine Lake Room 7:00 PM PRAC, Council Chambers 13 14 15 16 17 18 19 7:30 PM YOUTH ADVISORY COUNCIL, Council Chamber: 7:00 PM PLANNING COMMISSION, Council Chambers 7:00 PM PUBLIC SAFETY ADVISORY Dept BOARD,ib airy COLUMBUS DAY (OBSERVED), Public Works Division dosed 20 21 22 23 24 25 26 7:30 AM LOCAL BUSINESS COUNCIL, Radisson Hotel 7:00 PM PACT - Bass Lake Room 5:00 PM SPECIAL COUNCIL MEETING: CITY MANAGER EVALUATION, Baa Lake Room 7:00 PM REGULAR COUNCIL MEETING, Council Chambers 6:00 PM SPECIAL COUNCIL MEETING: 1-494 COMMISSION; SET FUTURE STUDY SESSION TOPICS, Public Safety Trak*Q Room 27 DAYLIGHT SAVINGS ENDS - set docks back 1 hour 28 7:30 PM YOUTH ADVISORY COUNCIL, 29 30 31 Nov 2002 S M T W T F S 1 2 3 4 5 6 7 8 9 Council Chambers 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 modified on 9/6/2002 1 OFFICIAL CITY MEETINGS November 2002 Sunday Monday I Tuesday I Wednesday Thursday Friday Saturday 1 2 Oct 2002 Dec 2002 S M T W T F S S M T W T F S 1 2 3 4 5 1 2 3 4 5 6 7 6 7 8 9 10 11 12 8 9 10 11 12 13 14 13 14 15 16 17 18 19 15 16 17 18 19 20 21 20 21 22 23 24 25 26 22 23 24 25 26 27 28 27 28 29 30 31 29 30 31 3 4 S 6 7 8 9 GENERAL ELECTION - Polis open 7 AM 7:00 PM PLANNING COMMISSION, 7:00 PM CHOCOLATE SAMPLECree, Plymouth - close 8 PM Council Chambers enter 7:00 PM HUMAN RIGHTS COMMISSION - Council Chambers 10 11 12 13 14 15 16 VETERANS DAY 5:30 PM SPECIAL COUNCIL MEETING: CONSIDER OPTIONS FOR POLON DI 7:00 PM EQC, Bass Lake Room 7:00 PM PRAC, Council Chambers (OBSERVED), CIC -OWNED PRROPPERTOYF City Offices Closed SET FUTURE STUDY SESSIONS, Pudk Sahly T.Wnl Room 7:00 PM REGULAR COUNCIL MEETING, Council Ct—b- 17 18 19 20 21 22 23 7:00 PM 7:00 PM HRA - PLANNING Me6cine Lake Room COMMISSION, Council Chambers 7:00 PM PUBLIC SAFET(ADVISORY BOARD, Police Dept Library 24 25 26 27 28 29 30 7:30 PM YOUTH 7:30 AM LOCAL BUSINESS COUNCIL,Hotel Radisson 7:00 PM PACT- Bass Lake Room THANKSGIVING HOLIDAY - City Chanukkah begins at sunset 9 ADVISORY Hot Center Offices COUNCIL, Closed Council Chambers 7:00 PM REGULAR COUNCIL MEETING, THANKSGIVING HOLIDAY - City Council Chambers Center Offices Closed modified on 9/6/2002 9 Tentative Schedule for City Council Agenda Items September 24 • Consider membership in I-494 Corridor Commission • Approve agreement with Three Rivers Park District regarding plowing of regional trails October 8 October 22 • Announcement of November 5 General Election November 12 • Consider Eligibility for Relocation Benefits: Richard and Janice Pickering for 3030 Highway 101, and James and Evelyn Anderson for 17915 30t' Place CLOSE IMIND©W Who votes in primaries? There's an age-old answer Bill McAuliffe and David Peterson Star Tribune 09/01/2002 Two things are likely to emerge in the Sept. 10 primary elections around metro -area suburbs: turnout will be low, but relatively high in Edina. The reason? Age, apparently. It's well-known that older people vote in higher numbers, particularly in primaries. In 1998, 61 percent of the voters in the state primary were 50 or older, though that group made up only 36 percent of the voting -age population. But Edina has proven emphatically that age — more than even high income, college degrees or residential stability — determines who votes. That's borne out in a comparison of census data with voter turnout in three previous non -presidential primaries, the most comparable to this year's, which is scheduled for Sept. 10. The comparisons involved the 25 most populous suburbs in the seven -county metro area. (Minneapolis and St. Paul were not included because suburbs tend to reflect particular population characteristics more readily.) The disproportionate participation of older voters has two significant effects. Candidates focus more on "senior" issues. And in growing communities, it can mean relatively less public input into key decisions. Of the suburbs examined, Edina had the highest turnout in the 1990, 1994 and 1998 primary elections, and according to the 2000 census, its residents also have the highest median age among the 25 suburbs, 44.5. It ranked 11th in median household income, second in adults with bachelor's degrees, and third in the portion of residents who'd lived at the same address since 1995. Conversely, Eden Prairie was tops in both income and education in 2000, but it averaged an 18 percent voter turnout in the three previous non - presidential primary years, compared with Edina's 32 percent. That put it in 18th place among the 25 cities in terms of voter turnout; it ranked 15th in median age. "I think they just get it," Minnesota Secretary of State Mary Kiffmeyer said of older voters. "They've had life experiences. They've come to see that, indeed, their vote does count." Former state elections director Joe Mansky, who now has the same job for Ramsey County, noted that voting participation is relatively high for 18-year-olds but plummets so rapidly that citizens from 20 to 24 have the lowest turnout rates. They rise steadily into the 60s, then drop off again. That means low participation in cities with large groups of young people, who usually rent rather than own, aren't making much money and might still be chipping away at their education. "I built my house seven years ago in Oakdale," said Mansky, now 49. "My personal focus was on getting the house off the ground. I didn't care to spend a lot of time on community activities." Mansky must have had some like-minded neighbors. Oakdale, which ranked at or below the midpoint in each census category, had one of the lowest average voter turnouts in the three primaries, 17 percent. Indeed, the top 10 cities in primary voter turnout included the nine with the oldest populations. Roseville vividly shows the role of median age in voter turnout. It ranked 21st in median income, 13th in education, and eighth in the percentage of residents living in the same home since 1995, but second in median age (41) and fifth in voter turnout. Housing stability — people living in the same house from 1995 to 2000 — was a much milder predictor of voter turnout. Shoreview was tops in those residents (63.6 percent), but fifth in median age and fourth in voter turnout. Woodbury had the lowest percentage of people with a 5 -year housing tenure but ranked near the top in income and education, and ninth in turnout. Cottage Grove, second in housing stability (62.5 percent), was 15th in voter turnout, perhaps because it also ranked 12th in income, 20th in education and 22nd in median age (31.9). Feeling connected But why do older people vote? And why does a settled community like Edina have higher turnout than one where residents are still shaping it? I1. Mansky said a sense of connection to the community may be the most important reason. "As you get older, you start to acquire assets that need the protection of the fire department and police department," he said. "Once you've been in a place for a while, you know who your neighbors are. You develop patterns; you shop in certain places. Your kids go to the schools. That's when you think it might be time to get involved." But the reliable older voter may be a product of some self -perpetuation, said Harry Boyte, co-director of the Center for Democracy and Citizenship at the University of Minnesota. Boyte said candidates understand that older voters are more likely to vote, so they tailor their campaigns to address their issues. Witness the debate over prescription drug prices, an issue Mark Dayton rode into the U.S. Senate in 2000. "When you reach the Social Security and Medicare era," Mansky added, "government becomes much more important to you." John Knight, a 30 -year-old Minnetonka resident, speculated that young people may not vote because they don't have many young people to vote for. Knight is putting the theory to the test by running for a seat on the Hennepin County Board. "The typical 30 -year-old is working or running a business and very likely raising children," Knight said. "It would be nice to see someone who looks like them and has the same concerns as they do." But Boyte said those notions actually sell young citizens short. "The rhetoric about young people's apathy is wrong," Boyte said. "Young people like more direct involvement than elections. They're not that disinterested. "Campaigns don't normally appeal to them. They think of candidates as packaged salesmen. They've been trained all their lives to be skeptical of ads, and [political] campaigns seem like advertising campaigns. Citizens are getting savvier and savvier, but young people are the savviest of all." Boyte added that in Minnesota, a perennial leader in overall turnout, the voting impulse is enhanced by a voting culture that goes back to the strong prairie -populist movements of the early 20th century and to a continuing tradition of neighborhood and political activism. Secretary of State Kif rneyer said two recent phenomena — increased immigration and the terrorist attacks of 2001 — could boost overall voter turnout. But because of the time it takes for foreign -born individuals to become U.S. citizens, she said she doesn't expect to see the full effects until 2004. — Staff writer Mike Kaszuba contributed to this report The writers are at mcauAA�Fartribune com and >mkaszuba@startribune. con. © Copyright 2002 Star Tribune. All rights reserved. 13 CLOSE WINDOW f Voting and aging go hand in hand in the largest suburbs 09/01/2002 It's not necessarily the best -educated or wealthiest people who drive the vote in primary elections. Nor is it the people who have lived in the community for a while. It's the older voters. In a comparison of 2000 census data with voter turnout in three previous non -presidential primary elections (1990, 1994 and 1998), nine of the top 10 local voter turnouts were in communities with the oldest populations. Avg. voter turnout rank/city � Avg. voter turnout City wide median age (rank) Median household income (rank) Adults with bachelor's degree (rank) rcent with same house Fin1995 (rank) 1. Edina 32.4% 44.5(1) $66,019(11) 36.2%(6) 62.2%(3) 2. Minnetonka 26.9% 40.8 (3) $69,979 (7) 34.7%(4) 57.4%(11) 3. Bloomington 26.4% 140.1(4) $54,628 (19) 25.5%(14) 60.5%(5) 4. Shoreview 26.0% 139.2(5) $69,719 (9) 28.8% (10) 63.6% (1) 5. Roseville 25.0% 41.0 (2) $51,056 (21) 26.4% (13) 59.5% (8) 6. Richfield 23.6% 37.1 (7) $45,519 (24) 20.8%(18) 56.7%(13) 7. St. Louis Park 23.3% 35.7 (10) 11$49,260 (22) 31.5% (7) S. Maplewood 22.0% 137.8(6) $51,596 (20) 17.3% (22) 61.6% (4) 9. Plymouth 21.2% 36.1 (9) $77,008 (2) 35.4% (3) 53.6% (17) 10. Woodbury 11. Inver Grove Heights 12. Lakeville 21.0% 20.9% 20.6% 33.4 (17) $76,109 (5) 33.8(16)$59,090(14) 31.5 (25) $72,404 (6) 33.0%(6) 21.8%(16) 28.3%(11) 44.1%(25) 51.7%(19) 51.7% (19) 13. Brooklyn Center 20.1% 35.3 (11) $44,570 (25) 12.5%(5) 55.7% (15) 14. Fridley19.7% 36.3 (8) $48,372 (23) 17.7%(21) 56.1%(14) 15. Coon Rapids 19.4% 33.3 (18) $55,550 (18) 16.3% (23) 59.3% (9) 16. Cottage Grove 19.0% 31.9 (22) $65,825 (12) 18.2% (20) 62.5% (2) 17. Apple Valley 18.5% 34.5 (12) $69,752 (8) 30.2% (9) 54.2% (16) 18. Eden Prairie 18.4% 34.2 (15) $78,328 (1) 40.2%(1) 49.0%(24) 19. Maple Grove 18.2% 34.4 (13) $76,111 (4) 31.4% (8) 60.2% (6) 20. Andover 17.5% 31.9 (22) $76,241 (3) 22.0%(15) 58.5%(10) 21. Brooklyn Park 17.5% 31.9 (22) $56,572 (16) 21.3% (17) 51.49 (21) Oakdale 17.0% 34.3(14) $56,299(17) 18.4%(19) 56.8%(12) 522. 23. Burnsville 16.8% 33.0 (19) $57,965 (15) 26.7%(12) 51.3%(23) 24. Eagan16.7% 32.8 (20) $67,388 (10) 34.7% (4) 53.4% (8) 25. Blaine 15.7% 32.7 (21) $59,219 (13) 15.1% (24) 59.8% (7) Source: Census 2000, cities and counties. 0 Copyright 2002 Star Tribune. All rights reserved. 14- CLOSE WINDOW 89 Eden Prairie company may flee proposed smoking ban for businesses Terry Fiedler Star Tribune 08/30/2002 Paul Ansolabehere is a nonsmoker and marathon runner who regards smoking as "a terrible habit." But he's prepared to sue Eden Prairie or move a 350 -worker manufacturing facility from the city if it approves a proposal that would ban smoking in private businesses. Ansolabehere says the smoking ban, which would be the first in the state to apply to businesses of all kinds, would put his Anagram International at a big disadvantage in retaining and recruiting workers, such a pressmen. About 75 percent of his pressmen are smokers. "Many of them are regularly offered jobs by competitors," said Ansolabehere, who is a vice president and heads the manufacturing operation that makes metallic balloons. "If they are not allowed to smoke, it will force them to leave. They'll just drive three miles to Chanhassen or five miles to Hopkins for another job." Anagram recently bought an Illinois balloon manufacturer, and some of the Illinois jobs have been moved to Eden Prairie. But Ansolabehere is hesitant to move another 50 to 75 to the city because of the proposed smoking ban. The City Council probably won't vote on the matter for several weeks and Mayor Nancy Tyra -Lukens said the proposal might change. She will tour the Anagram plant and its designated smoking areas next week, adding that Ansolabehere's complaint has "some resonance." Still, she said, a broad-based smoking ban should be passed. "It takes guts to deal with this issue," Tyra -Lukens said. "It's a known health hazard. How in good conscience do you not protect citizens from it?" Three Minnesota cities — Duluth, Cloquet and Moose Lake — and Olmsted County, which encompasses Rochester, have adopted smoking bans. Twelve other cities have rejected bans and 18 state cities and counties have deferred action, saying the issue should be addressed at the state level. Like other smoking -ban campaigns across the state, the Eden Prairie effort has received financial support from the Minnesota Partnership for Action Against Tobacco (MPAAT), a nonprofit group established with part of the money gained from the 1998 settlement of the state's lawsuit against the tobacco industry. MPAAT made a $200,000 grant to the American Cancer Society to help smoking -ban supporters in Hennepin County. GENERAL INFORMATION: Eden Prairie, Mn., Thurs., Aug. 29,2002 --Paul Ansolabehere, vp for operations of Anagram Intl. objects to Eden Prairies smoking ordinance because it could have a negative impact on his ability to hire and retain workers. IN THIS PHOTO: Paul Ansolabehere Duane Braley Star Tribune State Attorney General Mike Hatch challenged MPAAT's decision to use part of its endowment for smoking ban campaigns and the judge who oversees the group has ordered it to come up with a new proposal for helping individuals who want to quit. The Eden Prairie proposal is a "kitchen -sink ordinance," Tyra -Lukens said, that draws from provisions across the country. It would ban smoking in restaurants and bars and privately owned places of employment and calls for fines of up to $1,000 and a jail sentence of up to 90 days for business managers or owners who allow a person to smoke at their companies. "What they are proposing is outrageous compared to anything else in the state," said Tom Day, spokesman for Hospitality Minnesota, a trade group of restaurant and hotel owners. "They want to put a giant wall around Eden Prairie and say no to smoking in the city." Day said a provision that would require 75 percent of all Eden Prairie hotel rooms to be smoke-free would be the first of its kind nationwide. "Some hotels are already smoke-free. Some are half and half. The beauty of the free market is that they are catering to their customers," Day said. "They don't need to be told what to do by the City Council." Some restaurateurs also feel the ordinance would go too far. The Minnesota Bowling Proprietors Association and a group of Eden Prairie restaurant owners hired Minneapolis lawyer Robert Borhart last week to make their case to the city. Borhart said that if a compromise is not found restaurant owners might sue the city for lost business and to recover investments made in ventilation systems to meet state standards. Such systems can cost up to $100,000, Day said. Ansolabehere of Anagram said that while restaurants were quick to register their concerns, owners of other types of businesses are just beginning to realize the ordinance would affect them as well. Like others, Ansolabehere wants legislators to decide the issue so all businesses face the same requirements. Tyra -Lukens counters that state lawmakers "won't touch this with a 10 -foot pole." In the meantime, smokers at Anagram in Eden Prairie are watching and contemplating a life in which the ventilated smoking areas in the plant would be shut down and they wouldn't even be allowed to light up outside in their cars, according to their boss. Sandy Bauer, a sales coordinator from Zimmerman, Minn., and a smoker, said the new ordinance would "anger quite a few people," since a majority of the workers smoke. Some, Bauer said, would leave. Would she quit? "I've never been put in this position before. I'd have to think about it." Wayne Senger, a manager at the plant and a 30 -year smoker, said, "There is no second-hand smoke in this facility. If you want to smoke you go into a smoking room." He called the proposed ordinance "a little bit ridiculous." "It's the same as saying nobody can wear socks on Sunday." — Terry Fiedler is at tfiedleKa)wartribune.com. © CopyriQht 2002 Star Tribune. All rights reserved. )6 CLOSE WINDOW St Eden Prairie poll finds support for smoking ban Sharon Schmickle Star Tribune 08/31/2002 Eden Prairie residents tend to favor a far-reaching smoking ban, which the city is considering, but many of them still would allow smoking sections in restaurants where liquor is served, according to a telephone and mail survey conducted by the American Cancer Society. Four of five residents polled said smoking should be banned in indoor workplaces. Two-thirds also favored a ban in restaurants that don't serve liquor. But 52 percent favored allowing smoking sections in liquor -serving eateries. About half want to see the ban in bowling alleys and similar recreation areas. When asked, "Are there places in Eden Prairie that you avoid because smoking is permitted?" three in four said yes. A large portion of residential Eden Prairie apparently is smoke-free already. Eighty-four percent said smoking is forbidden in their houses. Eden Prairie proposes to ban smoking in restaurants and bars and privately owned places of employment. A violator would be subject to fines of up to $1,000 and a jail sentence of up to 90 days. Although at least three other Minnesota cities and one county have adopted some form of smoking ban, this would be the first in the state to apply to businesses of all kinds. The City Council isn't expected to take a final vote on the proposal for several weeks. The push for the ban has received financial support from the Minnesota Partnership for Action Against Tobacco (MPAAT), a nonprofit group established with part of the money gained from the 1998 settlement of the state's lawsuit against the tobacco industry. Opposition is coming from the hospitality industry and some other businesses. The survey was conducted in January through March this year, said Sander Lund, a research analyst who was a consultant to the Cancer Society. Questionnaires were sent to a random sample of 886 households in Eden Prairie, of which 206 addresses proved to be invalid. A month after the initial mailing, telephone calls were placed to households with valid addresses that had not responded. In all, the pollsters got 354 usable responses. There is a 95 percent confidence level that the margin of sampling error is no more than plus or minus 5 percentage points. — Sharon Schmickle is at sschmickleCa7startribune.conL © Copyright 2002 Star Tribune. All rights reserved. 1:7 CLOSE WINDOW SO No -smoking zone 08/30/2002 Provisions of Eden Prairie's proposed smoking ban: • Businesses: Would ban smoking in restaurants, restaurant/bar combinations, retail malls, theaters and all privately owned places of employment, all company vehicles, warehouses, manufacturing plants, industrial buildings, playgrounds, parks and outdoor sporting facilities. • Hotels: Would require that 75 percent of all hotel rooms be designated as smoke free. • Outdoors: Would ban smoking in, and within 20 feet of, all outdoor dining areas and all entries to public or privately owned buildings. • Penalties: Would make it a misdeamenor (with a fine of up to $1,000 and/or up to 90 days in jail) for an owner or manager of a company to knowingly allow an employee or person to smoke. • Licenses: Would allow the city to suspend of revoke any city licenses of an owner or manager who allows someone to smoke. 0 Copyright 2002 Star Tribune. All rights reserved. L, THE MCKNIGHT FOUNDATION September 3, 2002 Joy Tierney Mayor City Of Plymouth City Hall 3400 Plymouth Blvd Plymouth, MN 55447-1482 Dear Mayor Tierney: 600 TCF Tower 121 South Eighth Street Minneapolis, Minnesota 55402 612-333-4220 612-332-3833 fax info@mcknight.org In the next few weeks, The McKnight Foundation will announce a public service campaign that will be unique for us and important to our community. On September 28, we will join with 10 campaign partners to launch "Embrace Open Space." You will soon receive an invitation to a special event to kick off this campaign. In the meantime, though, I want you to be among the first to know about this initiative, its significance, and why we are doing it. McKnight is making a yearlong commitment to Embrace Open Space. We have planned and will implement its activities in cooperation with local grassroots advocacy groups, government agencies, and an academic center. Combining advertising, a website, publicity, special events, and citizen action, the campaign focuses on the need to protect open spaces in the Twin Cities metro area. We hope that through this campaign, individual citizens not only will recognize the importance of protecting open spaces, but will also make a personal commitment to the issue. Citizens need to know that critical decisions are being made daily in the metro region about which land we build on and which we protect. We have already lost many special places because too few citizens have taken an active role in these choices. And although we know that Minnesotans value open spaces, their sincere concern and appreciation hasn't always translated into public action. The purpose of the Embrace Open Space campaign is to connect individuals with public decision-making. Citizen involvement does make a difference. Our emphasis isn't on any single open space (although we will celebrate "Ten Treasured Sites" that are in jeopardy) or the decision of any particular body. Instead, our purpose is to engage Twin Citians in broad advocacy of protecting and restoring open spaces. We want to encourage everyone to give public voice to this issue. I am very enthusiastic that this level of media exposure, combined with public engagement activities by our partner organizations, will dramatically change the discussion about open spaces in this region for years to come. I welcome your questions or comments on Embrace Open Space and McKnight's role. You can find out more and give us your feedback by visiting the campaign website at www.Embrace0penSpace.org. wvw.mcknight.org 161 September 3, 2002 Page 2 CA�-- I hope that as you learn more about Embrace Open Space, you too are insimportance of this issue. Sincerely, Rip Rapson President, The McKnight Foundation P.S. By visiting our website (www.Embrace0penSpace.org) you can explore our regional treasure map that highlights 10 open spaces as representative of the kind we need to protect. In alphabetical order, they are: • Bassett's Creek, Hennepin County • Crow River, Hennepin County • Eagan Core Greenway, Dakota County • Lower Phalen Creek, Ramsey County • Pine Bend Bluffs, Dakota County • Sandhill Crane Natural Area, Anoka County • Seminary Fen, Carver County • Twin Cities Army Ammunition Plant, Ramsey County • Valley Creek, Washington County • Vermillion River Bottoms, Dakota County n jmiall U -au-I air iamb G rJ INTERNATIONAL SHOWCASE 2002 You are Cordially Invited to Tour the World at the Northwest Suburban Chamber of Commerce Annual Dinner sp Thursday, October 3, 2002 Rolling Green Country Club 400 Evergreen Road, Medina, MN. Social Hour & International Bazaar (Silent Auction) - 6:00 p.m. International Buffet - 7:00 p.m. Ocean Oriental Mixed Green Salad Assorted breads from Italy, France, Norway & England German Sauerbraten iA Norwegian Baked Cod Japanese Orange Glazed Chicken Swedish Baby Red Potatoes Green Bean Almandine Spanish Corn with Peppers French Ice Cream Crepes tl Guided Tour (Program) & Awards - 8:30 p.m. Entertainment by CCAAM Chinese Dance Theater Come dressed in your tourist attire. Don't forget your camera! Ll NORAWEST ,�gN SUBURBAN Chamber of Commerce 8200 Co. Rd. 116, Suite 100 Corcoran, MN 55340 INTERNATIONAL SHOWCASE 2002 Northwest Suburban Chamber of Commerce Annual Dinner Reservation Thursday, October 3, 2002 Social Hour & Silent Auction — 6:00 p.m. Dinner -7:00 p.m. Name Number of Tourists @$40 each Ambassador's Table of 8 for $300 Check enclosed for $ (Payable to NWS Chamber) Names of those attending: If additional space is needed, please use back of card or include separate listing. No, I cannot attend. Name Please Respond by September 15, 2002 DATE: September 5, 2002 TO: Dwight Johnson, City Manager �� FROM: Anne Hurlburt Community Development Director SUBJECT: Hennepin County Adult Correctional Facility (HCACF) Population Report Hennepin County Community Corrections staff has submitted their monthly report on average daily population for the month of August 2002. The average daily population reported for the Plymouth facility in August was 548, less than the occupancy limit of 601 set by the Conditional Use Permit. The chart below shows the average monthly population since we began receiving reports in June of 1998. 700 .ie] 500 Cj 400 m 1° 300 W a 200 100 A HCACF Monthly Population Report O O O O O O O O N N O �O O O O O O O O O O ++ U U U U 0 LL -) O LL --) O LL O LL -� MonthNear 23 ❑ CUP Limit ■Average Count To: From: Date: Subject: memo Board of Hennepin County Commissioners Jan I. Smaby, Community Corrections Director September 3, 2002 County Correctional Facility Populationeporo August, 2002 Atttached are the average daily population reports for the Adult Corrections Facility, Juvenile Detention Center, and County Home School for the month of August, 2002 and Juvenile Correctional Out of Home Placements for July, 2002. As usual, should you have questions, please contact me. JIS/ctg Cc: Sandra Vargas Chief Judge Kevin Burke Judge Lucy Wieland Judge Robert Blaeser Judge Denise Reilly Judge Herbert Lefler Anne Hurlbert, City of Plymouth Amy Klobuchar, County Attorney Leonardo Castro, Chief Public Defender Dave Hough DOCC Management Team 2-'A Adult Corrections Facility Men's Section August Average Population Average Men's Section Straight Time Total Count Less: Average Absentees* Plus: Work Release housed at Men's Section Average Men's Section Sentenced Inside Count Plus: Average non -sentenced residents (Jail Annex, INS) Total Men's Section Inside Count (highest inside count during month: 373) Men's Section Capacity Less: Average Inside Count Average Available Beds 395 (340) 55 428 (88) 0 340 0 340 *Home Monitoring, housed in Work Release due to PSWP participation, etc. I s Adult Corrections Facility Women's Section August Average Population Average Women's Section Straight Time Total Count Plus: Work Release women housed in Women's Section Less: Average Absentees (home monitoring, etc.) Average Women's Section Sentenced Inside Count Plus: Average non -sentenced residents (Jail Annex, INS) Total Women's Section Inside Count (highest inside count during month: 76) Total Women's Section Capacity Less: Average Inside Count Average Available Beds 58 (64) (6) 89 0 (25) 64 X 64 I (a Adult Corrections Facility Work Release August Average Population Average Work Release Total Count Less: Average Absentees (home monitoring, etc.) Average Work Release Inside Count Plus: Average Straight Time Residents (Porters, PSWP) Total Work Release Inside Count (highest inside count during month: 152) Work Release Capacity 172 Less: Average Inside Count -144 Average Available Beds 28 180 160 140 120 100 80 60 40 20 0 CeQ poi' 'OoJ Qua 2002 Monthly Average Population ACF Work Release (Capacity = 172) 213 (92) 121 23 144 ❑ Avail. Beds ■ Inside Count Juvenile Detention Center August Average Population Average Total Detained Population 152 Housed outside of JDC: Home Detention/Post Disposition Home Detention 49 CHS Secure Unit a Other (Isanti, hospital, etc.) 16 Average Total Housed Outside of JDC 73 Average Inside Count: 79 (highest inside count during month: 94) JDC Capacity 87 Less: Average Inside Count -79 Average Available Beds 8 sg County Home School August Average Population (highest inside count during month: 124) 2002 MonthlyPopulation SchoolCounty Home (Capacity 160 y 1 . 1 zs �^ 1 124 f fi 114 114 115 118 119 114 120 11 � � ` . Beds �' ■ 80 N Reserved Beds 60 Average /1 1 • • • like V9 V11 Cj • '. *In cottages which have one or more residents on furlough status, one bed is reserved in the event that the resident is returned to CHS. 40 Average Reserved Available Program Capacity Population Beds* Beds Cottage 1 24 19 0 5 Short Term Juvenile Males Cottage 2 22 19 2 1 Juvenile Female Offenders Cottage 3 24 19 0 5 Juvenile Sex Offenders Cottage 4 16 11 3 2 Transitional Living Cottage Cottage 5 24 19 0 5 Adolescent Male Offenders Age 15-17 Cottage 6 24 18 0 6 Adolescent Male Offenders Age 15-17 Cottage 7 24 19 0 5 Adolescent Male Offenders Age 17-19 Total 158 124 5 29 (highest inside count during month: 124) 2002 MonthlyPopulation SchoolCounty Home (Capacity 160 y 1 . 1 zs �^ 1 124 f fi 114 114 115 118 119 114 120 11 � � ` . Beds �' ■ 80 N Reserved Beds 60 Average /1 1 • • • like V9 V11 Cj • '. *In cottages which have one or more residents on furlough status, one bed is reserved in the event that the resident is returned to CHS. 40 Juvenile Correctional Out of Home Placements July Average Population Program Type Minnesota Programs: State Facilities (Red Wing and Thistledew) 71 Residential Treatment Centers 96 Group Homes 56 Short Term Consequence (other than CHS -BETA & Thistledew) 72 Chemical Dependency (Treatment and Halfway Houses) 12 Foster Homes 8 Other (Shelter, Evaluation Programs, Mental Health hospitals) 16 Out of State Programs (RTC's): 95 Average Daily Population: 426 500 450 400 350 300 250 200 150 100 50 0 �a6. PQc �a� �J� ,J� PJ� GjP'Q CP OJ QQ'G 2002 Monthly Average Population Juvenile Probation Out of Home Placements ■ Outside MN ■ Minnesota *Note: does not include County Home School as a separate chart is done for CHS. Aug"t 27, 2002 10: l40noui-A Cita CounciL 3nom: MaA;41 , u a3i 1 Member o4 Seni oA Leadel.hi p Committee .iport&oAed by N. q� Human Senvi.ceA Council ?e: Wi.thdnawaL o� Cid o4 %Lgmou;6A jbwm MAflS Nia iA a PUow up o4 ouA Pune 191-h memo tegaAding above &u6 jest We need io Aem nd Council that Sir.. LeadeiAhip Committee ua1 eA&bLia.hed Pn. the &Pec -LAC Pu,-cpo.ae 04 Ae- Aeanching nojution& to the muLti tude o� .ieAi oui pno6Lem& acing. the gaowZng num6ea o4 Aeni.OA4 in l'lynoufh and other N. W Subuab,&. Later mane .ienioA& can. no Longe% courvt on come ienvi.cei 40M non-PAOA.t o_a9aniptiona becawje rrarud v4 there vnganijationa have been AU hand due to theiJr. Lack. o� Aeceivutg donation&. -7hecep e. Seni.oz Leader. - .ship has an even moire impontantf mioiiivn to &eseaAcA and advi4e -teni.oAA what to do by aecun,i.ng 4peaheA4, dig i-Aibu'.i.ng. 4e,&& to &eni.o t hou&ing complexui and able tv ne4A them where to go to receive &uch &eavice ass. gnoceny buying, unde & ndi.ng, Medicate 6iLL .npA a& well as medi.caL, etc. bang have ca Led me P,% thins. inpAmatc:on. We know SA. Leadevs.hip will continue to be iponsoaed by NWIIS even i4 P4mou; h with- dbraun. I%weven l gnou�A ienioA& uouCd no .Longe% have acce&& to the in4OAMation they now receive 4iwm attending, the meeti.nga. 9t uas mentioned at the .study 9noap'4 meef- ing that a aeplacement could be done at Cit.0 Level. Wouldn't th.ia "4ui re addi tiona.L 4ta44 vac add mo.,ce te4ponis i biLUy to an employee who p wba6ly haA enough to do without this. addi.ti..onaL rcoAk. A.s we advised you pzeviou44 thin conmiittee ua& e4ta6LiAhed pn.imcvuLy P.,L the .ipeci4Lc pwcpose o� aLLeviating the pre 4une on you. Can't the Counci.L consider paying a Ae /o.,c the %lynwuth .seniviris to pairticipate with- out the City being a mem6ec o4 ACAS? Sute4 the City can a44ond that .small amount. Let's hope when you become a &enio.& that you will not be aced with .ieniou& piw6LemI e.o many .&enioAi now have. %Lan to attend one o4 ou c meetingis. 9',U be on vacation un;UL .ipt. loth .so 9'm hoping thus. mattes will be A oLved whi Le 4'm gone. A written aep4 wouLd be appreciated pt %Lymou fe aenio ' aecon& 7hanf:d Mair ty , u Lt3f 735 Nindemene DAi.ve lymouth, Mn. 55441-5653 o o / ,� a o 0 a � -►x- °C- ^�-°t.�.� gf JIM RAMSTAD f 1 a THIRD DISTRICT, MINNESOTA WAYS AND MEANS COMMITTEE TRADE SUBCOMMITTEE HEALTH SUBCOMMITTEE Congre55 of the Uniteb *tate5 10ou5e of Rep 5entatibe5 Wa5bington, �DC 20515-2303 June 5, 2001 Marty Guritz 735 Windemere Drive Plymouth, Minnesota 55447 Dear Marty: WASHINGTON OFFICE 103 CANNON HOUSE OFFICE BU;LDIN„ WASHINGTON. DC 20515 12021225-2871 DISTRICT OFFICE 1809 PLYMOUTH ROAD SOUTH, k30" MINNETONKA, MN 55305 195217384200 mn03 a mail.house.gov www.house.gowrams[ad Many thanks for the warm welcome at your Senior Leadership Committee meeting of the Northwest Human Services Council. I thoroughly enjoyed our discussion of issues important to seniors, such as Social Security, Medicare, prescription drug coverage, and transportation funding. I deeply appreciated the thoughtful questions and insights the committee gave me on the critical issues and challenges facing today's seniors. I certainly hope you will continue to keep in touch as this session progresses because it's essential I continue to get your thoughtful input and counsel. Thanks again for the kind reception. Please feel free to call me anytime with your thoughts and suggestions, and let me know whenever I can be helpful to you in any way, Let's keep in touch! Si rely, JIM STAD Member of Congress JR: hr ct�cZ—oc.�►ti- rduF. X002 3*1 PRINTED ON RECYCLED PAPER 2001 Senior Spring Forum Tuesday, April 10, 2001 Crystal Community Center 4800 Douglas Drive North, Crystal 8:30 AM Welcome by Bill Gavaras, Chairman for NWHHSC Senior Leadership Committee 9:00—9:30AM Keynote Speaker, Minnesota Attorney, General Mike Hatch 9:30 —10:00 Freda Terry, from Stratis Health Care Mediare Peer Review 10:00 — 10:30AM Coffee Break Resource tables staffed by local senior service providers. 10:30—11:OOAM Hal Freshley, MN Board on Aging 11:OOAM —11:30 Linda Bell, Alina Health Services Violence & Injury Prevention Task Force of Hennepin County 11:45 —12:00 Noon Door Prizes. Evaluation forms collected. The 2001 Senior Spring Forum is offered by the Senior Leadership Committee of Northwest Hennepin Human Services Council in cooperation with the City of Crystal, North Memorial Health Care, Masonic Home Northridge, Robbinsdale School District #281 and Champlin American Legion. 35 I 2002 587f49OR SPRM 7 7ORM , Spring Fling Agenda 8:30 AM Registration Visit Vendors 9:00 AM Jim Ramstad, U.S. Representative 9:40 Linda Hutchinson, Taking Laughter Seriously, HA! 10:20 Break for Coffee and treats, Visit Booths Entertainment: Pianist, Dick Kloos 11:00 Amy Klobuchar, Hennepin County Attorney 11:40 Thank you, Please Fill out Evaluation Form and tell us how you felt about the Forum. Drawing for Door Prizes Please visit our vendors before and after speakers, and during the break times. 34 September 6, 2002 CITY OF PLYMOUTFF SUBJECT: COUNTY RO-AD 101 PROJECT UPDATE CITY PROJECT NO. 9005 Dear Plymouth Residents: Since the June 17 Construction Update %vas sent out, construction progress has been very slow due to the record setting rainfall that we have experienced this summer. Since June, the contractor has completed County Road 24 and County Road 101, south of County Road 24, enough to open these segments to four lanes of traffic. Most of the effort since completing County Road 24 has been focused on County Road 101 north of Medina Road. Beginning July 1, 2002, Hennepin County took over total project administration for the County Road 101 Reconstruction Improvements from Short, Elliott, Hendrickson, Inc., (SEH) a private consulting engineering firm. SEH had prepared the final plans and managed construction until this date. As of Wednesday, September 4, Hennepin County construction officials are projecting that County Road 101 between County Road 24 and Medina Road will be opened to four lanes of traffic the week of September 16, and County Road 101 between Medina Road and Highway 55 will be opened to t -.ti -o lanes of traffic the week of September 30. It is the goal of Hennepin County to have four lanes open to traffic on County Road 101 between Medina Road and Highway 55 by October 30, 2002. Bids for the landscape element of this project will be opened on September 12. Pending City Council approval on September 12, installation of plant materials is expected to start the week of September 30. All areas which have been completed by the Hennepin County contract will receive landscape materials and privacy fencing this Fall, including the medians between County Road 24 and Medina Road. All remaining areas will be planted by June 15, 2003. Please be cautious while drNing through the work zone area of this project, advise your children to stay away from the construction area due to the presence of dangerous construction traffic. The following is a list of contact people who will be able to assist you with questions or issues that you may have about this project: Hennepin County. Construction: Engineer, Clayton Nolby 763-745-7578 Hennepin County Chief Project Inspector, Don Hannen 763-745-7570 City of Plymouth Engineering Department, Daniel Campbell 763-509-5522 15 PLYMOUTHie'�m9oo-""n'zoo2vz«dent, constupdat 9 6.a« 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (7,.63) 509-5000 ®Fft—'�P. www.ci.PIVmouth.mn.us SUBJECT: COUNTY ROAD 101 PROJECT UPDATE Page 2 Information on a weekly basis is also available through the City of Plymouth telephone hotline at 763-509-5514. Newsletters will continue to be sent to you periodically, until the project has been completed. Sincerely, Daniel K. Campbell Sr. Engineering Technician cc: Daniel L. Faulkner, P.E., Director of Public Works Ronald S. Quanbeck, P.E., City Engineer Clayton Nolby Hennepin County Project Engineer HENNEPIN COUNTY TRANSPORTATION DEPT. 1600 Prairie Drive Medina, MN 55340-5421 11 6 NApwTngineRinQ\PR0JECM1990. 1999\900SUm\2002\Rcsidents—ConstUpdate 9 6.doc CITY COUNCIL FILINGS (as of September 6) Mayor Judy Johnson Sarah L. Cawley Ward 2 Kelli Slavik Ward 4 Ginny Black At Larize Scott Harstad Tim Bildsoe 3 ; M M� Metropolitan Council Building communities that work Internal Memorandum DATE: August 29, 2002 TO: Mayors Regional Housing Task Force FROM: Elizabeth Ryan cc: SUBJECT: Housinv- Lawsuit Attached is a copy of the summons of the: Alliance for Metropolitan Stability, Community Stabilization Project, Metropolitan Interfaith Council on Affordable Housing, Plaintiffs, v Metropolitan Council, City of Eagan, Defendants Also attached are Gene Ranieri's comments from the AMM Website. ,MI�sr(MiiARS\DADA\USERS\SIIARf_D\LIBRARY\COMMLTDV.MayurslaskF.r-\2002\2002M.etings\Sepn062oo2n—u, lawsuud- http://www.amm145.org AMM News August 19 — 23, 2002 ARCHIVES Housing Advocates File Suit Against Met Council, Eagan On Thursday, August 15, three housing advocacy organizations filed a petition in Ramsey County District Court against the Metropolitan Council and the city of Eagan. The organizations — the Alliance for Metropolitan Stability, the Community Stabilization Project and the Metropolitan Interfaith Council on Affordable Housing (MICAH) — contend that the Metropolitan Council's failure to "provide cities with Land Use Planning Act (LUPA) guidelines in conformance with the law, together with their approval of legally inadequate plans, has resulted in more exclusionary land use practices by local governments, less land available for affordable housing, and the development of fewer affordable housing units." In their petition, the advocates also assert that the housing element of Eagan's comprehensive plan is in violation of the LUPA and the Minnesota Housing Rights Act. In their petition, the advocates ask the Court to order the Metropolitan Council to bring its actions into immediate compliance with the LUPA by: Determining each city's share of the local and regional housing need, both existing and projected, including the need for low and moderate income housing; Providing amended guidelines so that all cities can revise the housing components of their comprehensive plans to be based upon their share of the existing and projected local and regional housing need. The guidelines should include direction to promote the availability of sufficient land to meet the number of housing opportunities required and guidance to ensure that sufficient land is not only set aside, but will be used to meet the city's obligation to provide low and moderate income housing; Monitoring cities' compliance with the housing commitments contained in their revised comprehensive plans; Denying all discretionary funding awards to cities that fail to revise their comprehensive plans in accordance with the LUPA. If the Court finds in favor of the advocates, all metro -area cities will be impacted. AMM will continue to monitor the issue and will discuss the case at the Blueprint workshops scheduled for September 4, 5, and 12. If you would like a copy of the court petition or have any questions or comments please contact Gene Ranieri at AMM (651/215-4001 or gene@amm145.org). Housing Preservation Project August 15, 2002 Metropolitan Council c/o Lee Sheehy, Regional Administrator Mears Park Centre 230 E. 5`h Street St. Paul, MN 55101 Re: Alliance for Metropolitan Stability, et al., v. Metropolitan Council, et al. Dear Mr. Sheehy: Enclosed and hereby served upon you, please find the Summons and Complaint in regard to the above -captioned matter. Yours truly, Timothy L. o son 570 Asbury Street, Suite 105 • St. Paul, MN 55104 • tel: 651.642.0102 • fax: 651.642.0051 STATE OF MINNESOTA COUNTY OF RAMSEY Alliance for Metropolitan Stability, Community ) Stabilization Project, Metropolitan ) Interfaith Council on Affordable Housing, ) Plaintiffs, ) V. ) Metropolitan Council, City of Eagan, ) Defendants. ) The State of Minnesota to the Above -Named Defendants: Dl5) I klc l ujulk 1 SECOND JUDICIAL DISTRICT Case No. SUMMONS You are hereby summoned and required to serve upon plaintiffs' attorneys an answer to the complaint, which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for relief demanded in the complaint. Dated: August 15, 2002 Housing Preservation Pr6jeo Attorneys for Alliance for Metropolitan Stability and Community Stabilization Project Timothy L. Thompson (No. 109447) Ann M. Norton (No. 7987 John Cann (No. 0174841) Christine R Goepfert (No. 0303252) 570 Asbury Street, #105 St. Paul, MN 55104 (651) 642-0102 Miller -O'Brien Attorneys for Metropolitan Interfiith Council on Affordable Housing Justin Cummins (No. 276248) One Financial Plaza 120 S. Sixth St. #2400 Minneapolis, MN 55402-1529 (612)333-5831 STATE. OF MINNESOTA COUNTY OF RAMSEY Alliance for Metropolitan Stability, Community ) Stabilization Project, Metropolitan ) Interfaith Council on Affordable Housing, ) Plaintiffs, ) V. ) Metropolitan Council, City of Eagan, ) ) Defendants. ) y DISTRICT COURT SECOND JUUDICIAL DISTRICT Case File No. COMPLAINT PRELIMINARY STATEMENT 1. Under the Metropolitan Land Use Planning Act (LUPA), Minn. Stat. § 473.851 et seq., the Metropolitan Council (the "Council'D is charged with the duty of preparing and adopting guidelines and procedures to assist local governments in producing comprehensive plans which comply with the Act. These comprehensive plans must include housing elements that include both the local government's plan for providing adequate housing opportunities to meet the existing and projected local and regional need for low and moderate income housing, and an implementation program which will provide sufficient existing and new housing to meet the local government's share of the metropolitan area need. 2. In reality, however, the Council has adopted guidelines that advise local governments to adopt comprehensive plan housing elements which fall far short of the requirements of LUPA. In particular, rather than advising cities to plan for and provide for low and moderate income housing opportunities equal to their share of the regional need, the Council has advised cities they need plan for no more than each city's housing goals under a separate and unrelated statute, the Livable Communities Act (LCA). As a result of Council guidelines, metropolitan area local governments are producing housing plans which, if followed, would produce12,885 affordable rental units by the year 2010 when the Council estimated 115,000 rental households will need affordable housing by that year. 3. Council guidelines also fail to ensure that local government plans realistically create opportunities to produce sufficient affordable rental units to meet even the inadequate levels of LCA goals. The Council has routinely declared housing elements of comprehensive plans to be in compliance with LOPA when, in fact, they are not. 4. Defendant City of Eagan has produced a comprehensive plan containing housing elements falling far short of the requirements of LUPA.. Eagan has also refused to plan even for the inadequately low number of housing opportunities required by the Council. These actions have deprived current and would-be low and moderate income residents of desperately needed housing opportunities in Eagan, and have also violated the Minnesota Human Rights Act. 5. Plaintiffs have each been injured by the inadequate supply of and inadequate planning for, affordable rental housing resulting from Council policies and the failures of defendant Eagan. Plaintiffs seek declaratory and 'injunctive relief directing the Council to revise its guidelines and procedures to ensure local governments produce housing plans which meet the terms of LUPA, and directing Eagan to revise and then implement its plan consistent with LUPA and the requirements of the Minnesota Human Rights Act. W PARTIES Plaintiffs 6. Plaintiff Alliance for Metropolitan Stability (AMS) -is a nonprofit organization -which is a grass roots coalition of religious, environmental, and social justice organizations advocating for reform in the Twin Cities region's land -use, housing, transportation, economic development and environmental policies. AMS' mission is based on the belief that true stability for the Twin Cities metropolitan area can only be achieved through a comprehensive approach to regional problems, including the lack of affordable housing. AMS promotes this goal through public education, capacity building in local communities, and advocacy for public policy change. 7. The Councils failure to properly implement LUPA has injured AMS by substantially interfering with its mission and compelling AMS to divert resources from activities it would otherwise undertake. By characterizing local government obligations as much more modest than they are, the Council's invalid guidelines have made it more difficult to educate community members and local governments about the R& extent of their affordable housing obligations, have similarly harmed AMS efforts to bund capacity on the local level to address affordable housing obligations, and have hampered efforts to advocate and work for public policy change. Defendant Eagan's refusal to even abide by the inadequate Council guidelines undercuts the credibility of LUPA requirements generally, further injuring AMS' affordable housing efforts. 8. Plaintiff Community Stabilization Project (CSP) is a nonprofit organization based in St. Paul but serving clients and members throughout the metropolitan area. CSP's mission is to foster and preserve affordable rental housing for its clients and members, particularly people of color. The Council's practice of understating local government housing obligations not only harms CSP's N mission of promoting more affordable housing, but has also required CSP to divert staff resources, both to assist members and clients in searching for housing. in an extremely .tight market,. and in attempting to understand "and advocate -for changes to the CoutncWs LUPA practices. Eagan's defiance of Council LUPA guidelines frustrates CSP's ability to advocate for more affordable housing production in Eagan and generally through the metropolitan area, and inevitably leads to less affordable housing in Eagan, which injures both CSP and its members. 9. Plaintiff Metropolitan Interfaith Council on Affordable Housing (MICAH) is a nonprofit organization based in Minneapolis, Minnesota whose members are congregations and housing organizatidns drawn from a broad spectrum of faith communities in the Twin Cities metropolitan area. NlICAITs primary purposes as an organization are working for the creation of an adequate supply of affordable housing and affirmatively furthering fair housing in the metropolitan area on behalf of low-income people of color. MICAH carries out these objectives through public education, advocacy and community organizing activities. 10. Defendant Eagan's violations of LUPA, and consequent denial of equal housing opportunities in violation of state discrimination laws, has perceptibly and significantly impaired MICAH's ability to work for the creation of an adequate supply of affordable housing, address disparities in housing and affirmatively further fad' housing in the metropolitan area through its public education, advocacy and organizing activities. The Councirs failure to comply with LUPA, by failing to provide Eagan with guidelines and procedures needed to assist Eagan in complying with its obligations under LUPA, has also perceptibly and significantly impaired MICAITs ability to carry out these objectives. As a result of such violations by Eagan and the Council, MICAH has redirected a significant amount of its limited resources to unanticipated public educational and advocacy activities. 4 Defendants 11. Defendant Metropolitan Council is a political subdivision of the State of Minnesota created to coordinate the planning and development of the Twin Cities metropolitan area. Among the Council's duties is implementation of LUPA, including providing guidelines and procedures to assist metropolitan area local governments to adopt and implement comprehensive plans. 12. Defendant City of Eagan is a municipality located in Dakota County, is within the jurisdiction of the Council for purposes of the Council's mon of LUPA, and is required to comply with the planning and implementation provisions of LUPA, as well as the requires of the Minnesota Human Rights Act. STATUTORY PROVISIONS 13. In 1976 the Minnesota Legislature enacted the Metropolitan Land Use Planning Act (LUPA), Mwn. Stat. §§ 473.851 - 473.871. In adopting LUPA, the Legislature found that: Since problems of urbanization and development transcend local governmental boundaries, there is a need for the adoption of coordinated plans, programs and controls by all local governmental units and school districts in order to protect the health, safety and welfare of the residents of the metropolitan area and to ensure coordinated, orderly and economic development. Minn. Stat. § 473.851. 14. Pursuant to LUPA, every local governmental unit is required to prepare a comprehensive plan addressing a number of development issues within the city. To assist local government units in meeting their comprehensive plan requirements, the Council is required to prepare and adopt guidelines and procedures, as well as advisory materials. Minn. Stat. §§ 473.854, 473.867. 5 15. In adopting LUPA, the Legislature recognized the significant role local governments play in providing affordable housing: The legislature finds and determines that there is a need for housing in the metropolitan area, that an increasingly large majority of the residents of the metropolitan area are unable to afford housing, and that it is in the public interest that, for certain portions of the buildable residential land, the official controls on development by municipalities in the metropolitan area be required to permit the construction of modest cost housing by the private sector which could be afforded by a significant portion of the families in the metropolitan area. Section 473.868, Subd. 1. 16. The obligation of municipalities to ensure affordable housing is set out in the land use plan section of the comprehensive plan. A land use plan shall also include a housing element containing standards, plans and programs for.providing adequate housing opportunities to meet existing and projected local and regional housing needs, including but not limited to the use of official controls and land use planning to promote the availability of land for the development of low and moderate income housing. Section 473.859, Subd. 2: Thus, each city must produce a housing element which, among other things, ensures that sufficient land is set aside for the development of low and moderate income housing to permit the development of that community's share of the local and regional housing need. 17. The comprehensive plan must also contain an implementation program. Minn. Stat § 473.859, Subd. 4. The program must describe public programs, fiscal devices, and other specific actions to be undertaken -in stated sequence, and in enough detail to establish the effect on metropolitan system plans. The implementation program must contain, among other things: a housing implementation program, including official controls to implement the housing element of the land use plan, which will provide sufficient existing and new housing to meet the local unit's share of the metropolitan area need for low and moderate income housing. Nfmn. Stat. § 473.859, Subd. 4 (3). Building on the land use plan, the housing implementation program must detail actual policies and programs to ensure that the number of low and moderate income housing opportunities provided by the land use plan actually get translated into units produced. 18. Both the planning section of LUPA and LUPA's implementation program section refer to the employment of "official controls" to promote the availability of land and the provision of housing. Official controls mean ordinances and rules which control the physical development of a 4 city, including ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes, and official maps. Minn. Stat. § 473.852, Subd. 9. Each local government must adopt the official controls described in its comprehensive plan, and the official controls must not conflict with the comprehensive plan. Minn. Stat. § 473.865, Subd. 1 and 2. 19. In addition to setting aside sufficient land through the use of official controls, cities must take other actions as well to ensure sufficient housing is produced. Minn. Stat. § 473.859, Subd. 2. The implementation program shall describe public programs, fiscal devices, and other specific actions to be undertaken to implement the pian. Subd. 4. "Fiscal devices" means generating finding through local sources such as property taxes, bonding and taxincrement financing. Minn. Stat. § 473.852, Subd. 6. 20. All local governments adopted comprehensive plans in the late 1970s or early 1980s, which were reviewed and approved by the Council. Since that time, some cities have regularly submitted amendments to their comprehensive plans to the Council for approval. In 1995, the 7 Legislature amended LUPA to require that all communities produce new comprehensive plans by the end of 1998. Minn. Stat. § 473.864 (2). The Council has been reviewing updated comprehensive plans over the last four years and has now provided final approval to most of them. FACTUAL ALLEGATIONS Metropolitan Council 21. Following enactment of LUPA, the Council developed formulas to assess the need for low and moderate income housing (also referred to herein as affordable housing) on a regional and local basis. Based upon that formula, in the late 1970s the Council calculated affordable housing needs for each community, and issued guidelines for local governments to follow to create affordable housing opportunities. 22. Based upon the Council's allocation of regional need, cities produced housing elements as part of their comprehensive plans in the early 1980's. For the most part, cities used the affordable housing targets provided by the Council and designed their plans to meet these targets. 23. During the mid to late 1980's and early 1990's, many cities submitted new or amended comprehensive plans to the Council. During these years, Council guidelines excluded any references to affordable housing, and new comprehensive plans submitted during this period were also generally silent with respect to affordable housing. 24. As a result, development proceeded rapidly in many of these communities during the 1980's and early 1990's without an explicit and planned set aside of parcels for affordable housing or the employment of real affordable housing implementation plans. The resulting lack of properly zoned land and other exclusionary land use practices by marry local governments contributed to the dramatically lower production of affordable rental housing during this period. The failure of many cities to employ local programs and fiscal tools as required by LUPA contributed as well - 25. In 1995, the M'mnesota .legislature enacted the Livable Communities Act (LCA). Minn. Stat. §§ 473.25 - 473.255. The LCA authorizes the Council to establish several funds for metropolitan area local governments who agree to negotiate affordable and life cycle housing goals with the Council. Most communities in the metro area have chosen to participate in LCA and have negotiated housing goals. The LCA housing goals are based, however, upon norms of current housing performance within geographic planning sectors and not upon the need for affordable housing on either alregional or local basis. 26. In 1995, with the enactment of the LCA and the amendment of the LUPA to require updated comprehensive plans, the Council reviewed its housing policies. The Council decided that, in reviewing housing elements of newly updated comprehensive plans, it would continue its policy of not requiring cities to plan for their share of the local and regional need for affordable housing, despite the requirements of LUPA. Instead, cities would be required simply to demonstrate that they had "guided," or set aside, sufficient land for multi family and higher density housing to meet their much lower LCA negotiated goals. In fact, as a result of Council direction, many cities disregard the housing provisions of LUPA or no longer believe them to be in effect, a fact documented by a recent study by the Center for Urban and Regional Affairs (CUBA) at the University of Minnesota. 27. As the Council has acknowledged, the LCA affordable housing goals are not based on nor do they remotely approach the level of housing production needed to meet the regional need for low and moderate income housing. See Exhibit 1. The Council has projected that if all cities meet their LCA goals by the year 2010, the region will have produced 12,885 affordable rerital units. W On the other hand, the Council has estimated that by the year 2010, 115,000 households will need affordable rental units. The effect of the Council's change in policy is to reduce, how it defines cities' housing planning obligations to a fraction of what LUPA requires. 28. The Council's actions in substituting LCA goals for regional need numbers have also had the effect of dramatically reducing the number of acres of land that it advises each community to set aside for affordable housing. Using the modest LCA numbers also permits cities to escape their full obligations with respect to plans, programs, fiscal devises, and other specific actions to ensure sufficient affordable housing opportunities are created. 29. ThisI legal relaxation of obligations on local governments comes at a time when one of the largest challenges to the production of affordable housing is the availability of land. Because of the failures of local governments to designate sufficient undeveloped or redeveloped land for affordable rental housing opportunities, what land remains is rapidly being developed for other uses. 30. LUPA also requires the Council to review the implementation plans which local governments set out in their housing elements. However, Council guidelines to cities suggest they may choose from among a menu of available strategies without any effort to assure that sufficient controls and devices are employed to attain the number of housing opportunities and units required by LUPA. In most cases, the commitments that cities make to official controls and fiscal tools in their housing elements are so general as to be largely meaningless. These Council recommended controls and devices are rarely designed to yield a quantifiable number of low and moderate income housing opportunities. Nor do Council guidelines advise cities their stated actions must be sufficiently specific and detailed to permit analysis of impact on metropolitan system plans, or that they must be set out to be undertaken in stated sequence, as required by LUPA. 10 31. During the Council's current ongoing review of updated comprehensive plan housing elements, Eagan's housing plan is one of the few that has been ultimately determined by the Council to be out of compliance with LUPA. All other housing elements have been "approved" by the Council. By declaring its "approval" of such plans, the Council is communicating to cities that their plans conform to LUPA, an action which is misleading and exceeds the authority granted the Council under LUPA. 32. The Council has also never systematically reviewed the degree to which cities have acted on the commitments made in their housing elements of their comprehensive plans. As a result, the Council's LUPA guidelines are deficient because they are not based upon any experience with local government follow-through on comprehensive plan commitments. In fact, the degree to which cities have acted on housing planning commitments is highly variable, as documented by the CURA study. 33. The legislature adopted LUPA in 1976, based in part on its legislative finding that many metro area residents lacked affordable housing. Minn. Stat. § 473.868, Subd. 1. If anything, the metro area's affordable housing crisis is considerably more acute today. 34. The Council's past and continuing failure to provide cities with LUPA guidelines in conformance with the law, together with their approval of legally inadequate plans, has resulted in more exclusionary land use practices by local governments, less land available for affordable housing, the absence of specific local programs and actions to produce affordable housing, and the development of fewer affordable housing units. In its current review of comprehensive plans, the Council is setting in place a process that will compound this shortfall well into the future. The harm 11 currently incurred is irreparable, for when land that should be available for affordable housing becomes developed for -other purposes, the opportunity is lost, in many cases forever. 35. Ultimately it is low and moderate income residents of the metropolitan area who suffer - due to the resulting shortage of affordable housing. Many of these residents suffer irreparable harm due to being inadequately housed. Many of these residents are members of either one of plaintiff organizations, or one of the organizations that is a member of plaintiff organizations. 36. Plaintiffs have repeatedly advised the Council since December 2000 of their view of the Council's LUPA deficiencies. To date the Council has not advised plaintiffs it is willing to change . its practices to conform to LUPA. City of Eagan 37. The City of Eagan is a second ring suburban community located in northern Dakota County, with a current population of more than 60,000. The city is growing rapidly, and by the year 2020, Eagan is expected to become between the fifth and ninth largest city in the region. 38. Despite Eagan's relative affluence, there is a strong demand for more affordable rental housing in the area, as evidenced by a waiting list of 2,000 fimilies and individuals waiting to receive rental assistance from the Dakota County Housing and Redevelopment Authority. The affordable rental vacancy rate in Dakota County is well below the optimal five percent vacancy rate. Dakota County rents have recently been described as the most expensive in the metropolitan area 39. Eagan has a history of resistance to lower income multi -family rental housing. In 1994, the Dakota County Housing and Redeveloper Authority had to sue Eagan to obtain approval for a 42 -unit townhouse development for lower-income people. More recently, Eagan was one of only a handful of metropolitan area cities, and the largest, to decline to participate in Livable 12 Communities Act (LCA) programs, since this would have required it to negotiate affordable housing goals with the Council. 40. Although Eagan approved an affordable housing project in 2001, it still ranks very low in performance in achieving affordable housing. In 2001, the Council ranked all local governments based upon affordable housing performance. Based upon a 100 -point scale, Eagan received a score of 22, ranking it last in the metropolitan area among cities of any size. Only very small towns and townships on the metropolitan fringe ranked below Eagan. 41. In 1999, Eagan submitted its draft comprehensive plan, including a housing element, to the Council for rdview. Negotiations between the Council and Eagan occurred throughout 2000, as Council staff attempted to persuade the city to increase the number of affordable housing opportunities for which it was planning. 42. In response to these negotiations, in September 2000 Eagan staff identified four parcels of land in the city for re -zoning as multi -family housing. On September 5, 2000, the Eagan City Council refused to re -zone any of the identified parcels. The Mayor of Eagan declared that the Council could not force Eagan to make zoning changes. 43. On September 19, 2000, Council staff determined that the housing element of Eagan's comprehensive plan was insufficient: The housing element falls short of the two most basic requirements set forth in the LUPA — it does not affirmatively set affordable housing goals within the framework of a regional goal -setting structure and it does not adequately identify the official controls (in this case guide a sufficient amount of land) to accommodate its share of additional rental housing through 2010. 44. On December 13, 2000, the Council declared Eagan's plan to be inconsistent with Council policy contained in the Council's Regional Blueprint and not in fulfillment of the housing plan 13 requirements of LUPA. Among other things, Eagan's plan failed to set aside sufficient land for medium and high density residential development. The Council noted that Eagan's plan "to designate only one of its 2,239 acres of vacant land and six of its 1,381 acres of underutilized. land to be developed for high density residential is extremely low." Council staff comments further provided: Eagads plan should provide for the development of 160 additional affordable owner - occupied units, and 381 rental units by 2010 of which 133 should be affordable. At 12 units per acre, an additional 32 acres of high density residential land should be identified in order to meet rental needs, and 27 acres of medium -density (6 units per acre) should be identified in order to meet affordable owner -occupied needs. 45. In the Review Record attached to its December 13, 2000 action, the Council notes that Eagan's plan "frovides an inadequate analysis of the City's existing and future housing needs, and does not adequately plan for or provide the capacity for Eagan to accommodate its share of additional affordable ownership and rental housing through 2010." Even within its geographic subsector for LCA purposes, the Council noted that Eagan ranks below or at the bottom of the sector benchmark range for its share of rental housing. The record also observed that a recent survey reveals that Eagan now has the highest average rents in the county, that Eagan's plan does not address how to make new rental units affordable, nor does it even propose to guide more land to make rental housing development even possible. Eagads plan itself notes that its own rental vacancy rate of 0.5 percent is even lower than the Twin Cities area rate of 1.5 percent. 46. Eagan's plan further acknowledges that under its current land allocation determinations, "... the supply of vacant land designated for high density residential development in Eagan is almost non-existent" and that "there is virtually no vacant land guided and zoned for new high density housing." 14 47. Despite designating virtually no land for high density residential, Eagan actively considered using much of the city's remaining undeveloped land for a `world class championship" golf course ringed by luxury executive homes. 48. Eagan could easily achieve the affordable housing targets delineated by the Council by increasing density in particular locations. The city refuses to make such density adjustments. 49. The Council's analysis of Eagan's housing planning were based on Livable Communities Act (LCA) benchmarks, which would by the Council's own admission, produce affordable housing opportunities fir below the regional need for affordable housing. Thus, Eagan's plan numbers fall fal short both of the guidelines the Council has set for LCA compliance and the much greater obligations that LUPA actually requires. 50. The implementation section of Eagan's comprehensive plan lists several fiscal tools, including property taxes and tax increment financing, but there is no indication these tools will be used to produce new affordable housing. The city's Implementation Strategies include one promising strategy for the production of new affordable housing: "consider the creation of incentive zoning to encourage the construction of quality multi -family housing in special areas and appropriate locations between Highway 13 and the Minnesota River." However, the introductory language to this section demonstrates the city has made no firm commitment to this strategy: "Following is an initial list of actions the city should consider undertaking ..." Implementation Section, p.2. 51. Eagan's housing implementation program does not describe programs, fiscal devices and other actions to be undertaken in stated sequence. It does not provide enough detail to establish effects on or departures from metropolitan system plans. It does not set out a program that provides 15 sufficient housing to meet Eagan's share of the metro area need for low. and moderate income housing. :52. Despite the plan's inadequacies, the Council ultimately concluded it could not require. Eagan to modify its plan. Because housing is not a regional system, the Council concluded, it could not require changes unless the plan amounted to a substantial departure from regional system plans such as transportation or wastewater services. Mmn. Stat. § 473.175, Subd. 3. Because the Council did not demonstrate this substantial departure, the Council did not require Eagan to comply with LUPA. Thus, absent private enforcement of LUPA, Eagan will be permitted to flout the housing planning and implementation requirements of the Act. 53. Eagan's actions in making affordable housing less available have and will continue to produce an adverse impact which will be borne disproportionately by two partially overlapping groups: home -seekers of color, and recipients of public assistance. Any reduction in affordable housing opportunities in the Twin Cities metropolitan area adversely affects these groups on a disproportionate basis. CLAIMS FOR RELIEF Minnesota Land Use Planning Act 54. The Council has violated its obligations and plaintiffs' rights under Minn. Stat. §§ 473.854 and 473.859, Subd. 2 and 4, by adopting guidelines which (a) base local governments' housing planning obligations on Livable Communities Act goals and not their share of the local and regional need for low and moderate income housing; (b) advise local governments they must make land available for housing based on Livable Communities Act goals and not upon their share of the 16 local and regional need for low- and moderate -income housing; and (c) advise local governments they may adopt housing implementation plans which effectively do not comply with LUPA- 55. The Council has exceeded. its authority under the LUPA and the laws granting its powers, and in so doing has acted arbitrarily and capriciously, in violation of plaintiffs' rights, by adopting guidelines which (a) base cities' housing planning obligations on Livable Communities Act goals and not each city's share of the local and regional need for low and moderate income housing; (b) advise cities they must make land available for housing based on Livable Communities Act goals and not upon each city's share of the local and regional need for low- and moderate -income housing; and (c) advise citie?they may adopt housing implementation plans which effectively do not comply with LUPA. 56. The city of Eagan has violated its obligations under Minn. Stat. § 473.859, Subd. 2 and 4, and the rights of plaintiffs MICAH and CSP, by (a) adopting a housing element which does not provide for the city's share of the regional need for low and moderate income housing, (b) by not making land available for housing sufficient to provide housing equal to its share of the local and regional need for low- and moderate -income housing; and (c) by adopting a housing implementation program which does not provide for Eagan's share of the metropolitan area need for low and moderate income housing and which does not comply with LUPA. Minnesota Human Rights Act 57. The City of Eagan has violated the rights of plaintiffs MICAH and CSP, under Minn- Stat. ian Stat. § 363.03 Subd_ 4 by (a) adopting a housing element which does not provide for the city's share of the regional need for low and moderate income housing; (b) by not making land available for housing sufficient to provide housing equal to its share of the local and regional need for low and 17 moderate income housing; (c) and by adopting a housing implementation program which does not provide for Eagan's share of the metro area need for low and moderate income housing and which -does not comply with LUPA These actions and inaction by the City of Eagan amount to an unfair discriminatory practice against plaintiffs MICAH and CSP by depriving them and their respective members and persons benefiting from their services from the full utilization and benefit of public services related to Eagan"s LUPA obligations because of the race and public assistance status of MICAH and CSP members. Declaratory Judgment Act 58. Plaintiffs are interested organizations and persons whose rights and legal relations are affected by construction of LUPA as set out herein, and thus also are entitled to the Court's construction of LUPA so as to obtain a declaration of rights pursuant to Minn. Stat. § 555.02, the Declaratory Judgment Act. Plaintiffs seek a declaratory Judgment that defendants Metropolitan Council and City of Eagan have violated the LUPA and the Minnesota Human Rights Act as set out above. PRAYER FOR RELIEF 59. WHEREFORE, plaintiffs respectfully request that this Court: 1. Issue a declaratory judgment, declaring that: (a) The Council has violated its obligations and plaintiffs' rights under Minn. Stat. §§ 473.854 and 473.859, Subd. 2 and 4, by adopting guidelines which (i) base cities' housing planning obligations on Livable Communities Act goals and not each city's share of the local and regional need for low and moderate income housing; (ii) advise cities they must make land available for housing based on Livable IN Communities Act goals and not upon each city's share of the local and regional need for low- and moderate -income housing; and (iii) advise cities they may adopt housing implementation plans which effectively do not -comply with LUPA. (b) The Council has exceeded its authority under the LUPA and the laws granting its powers, and in so doing has acted arbitrarily and capriciously in violation of plaintiffs' rights by adopting guidelines which (i) base cities' housing planning obligations on Livable Communities Act goals and not each city's share of the local and regional need for low and moderate income housing; (ii) advise cities they must make land available for housing based on Livable Communities Act goals and not upon each city's share of the local and regional need for low- and moderate -income housing; and ('iii) advise cities they may adopt housing implementation plans which effectively do not comply with LUPA. (c) The city of Eagan has violated its obligations pursuant to NImn. Stat. § 473.859, Subd. 2 and 4, and the rights of plaintiffs MICAH and CSP, by (i) adopting a housing element which does not provide for the city's share of the regional need for low and moderate available for housing sufficient to provide housing equal to its share of the local and regional need for low- and moderate -income housing; (ii) by not making land available for housing sufficient to provide housing equal to its share of the local and regional need for low- and moderate -income housing; (iii) and by adopting a housing implementation program which does not provide for Eagan's share of the metro area need for low- and moderate -income housing and which does not comply with LUPA. 19 (d) The city of Eagan has violated the rights of plaintiffs MICAH and CSP, pursuant to Minn. Stat. § 363.03 Subd. 4 by (i) adopting a housing element which does not provide. for the city's share of the regional need for low and moderate income housing; (u) by not making land available for housing sufficient to provide housing equal to its share of the local and regional need for low and moderate income housing; (iii) and by adopting a housing implementation program which does not provide for Eagan's share of the metro area need for low- and moderate -income housing and which does not comply with LUPA. These actions and inaction by the city of Eagan amount to an unfair discriminatory practice against plaintiffs MICAH and CSP, by depriving them and their respective members and persons benefiting from their services from the foil utilization and benefit of public services related to Eagan's LUPA obligations because of the race and public assistance status of N11 CAH and CSP members and persons benefiting from their services. 2. Issue a temporary and permanent injunction directing the Council to bring its actions into immediate compliance with the LUPA by taking the following actions: (a) Determine each city's share of the local and regional housing needs, existing and projected, including the need for low and moderate income housing; (b) Provide amended guidelines and procedures to each city covered by the LUPA so that it can revise its comprehensive plan and adjust its housing planning and implementation to be based upon its share of the existing and projected local and regional housing need, including but not limited to guidelines for promoting the availability of sufficient land to meet the number of housing opportunities required; 20 (c) Provide guidance to each city in developing the policies it will follow to ensure that sufficient land is not only set aside, but that it will be used to meet the City's obligations to provide low and moderate income housing; (d) Provide guidelines to cities to advise them that their housing implementation programs shall describe programs, fiscal devices and other actions to be undertaken in stated sequence; that such programs must be sufficiently detailed so that effects on or departures from metropolitan system plans can be established; and that such programs must provide sufficient existing and new housing to meet the local government's share of the metro area need for low and moderate income housing; (e) Implement ongoing monitoring of cities' compliance with their commitments in their housing planning and implementation documents, in order to effectively fulfill the obligation to assist cities in meeting their LUPA obligations; (f) End its practice of approving, endorsing or finding compliance with respect to any city's comprehensive plan which fails to comply with the guidelines set out herein; (g) Advise local governments that plans based upon previous Council guidelines do not comply with LUPA, and that in order to comply with LUPA, plans must be immediately revised pursuant to the newly issued guidelines; (h) As a remedial measure to address the effects of past Council non- compliance with LUPA, exercise its authority to deny all discretionary funding awards to local governments who fail to revise their comprehensive plans in accordance with LUPA as described herein; 21 3. Issue a temporary injunction directing the city of Eagan to prevent the development or redevelopment of any land potentially feasible as the location for low or moderate income rental housing for any purpose other than as low or moderate income rental housing until such time as the city brings itself into full compliance with LUPA. 4. Issue a temporary and permanent injunction directing the city of Eagan to: (a) Modify the housing element of its comprehensive plan so as to plan to create sufficient housing to satisfy the Council's determination (as ordered herein) of Eagan's share of the local and regional housing needs, existing and projected, including the need for low and moderate in ome housing; (b) Make sufficient land available in order to create enough housing opportunities to meet Eagan's share of the regional need for low and moderate income housing; and (c) Adopt an implementation program that complies with LUPA and will provide sufficient low and moderate income housing to meet Eagan's share of the regional need. 5. Provide for an award of attorneys' fees and costs to plaintiffs pursuant to Minn. Stat. § 363.14 Subd. 3. 6. Award plaintiffs such other and further relief as justice may require. 22 ATTORNEYS FOR PLALNTIFFS Attorneys for Alliance for Metropolitan Stability, and Community Stabilization Project Ho ' Prese11rvation Project C� Timothy L. 'Nomp T n o. 109447) Ann Norton (No. 79 John Cann (No. 0174841) Christine R Goepfert (No. 0303252) 570 Asbury Street, #105 St. Paul, MN 5510) (651)642-0102 Dated: 0 �S^_0 P� 23 Attorneys for Metropolitan Interfaith Council on Affordable Housing Miller -O'Brien in D. Cummins (No. 276248) O Financial Plaza 120 S. Sixth St., #2400 Minneapolis, MN 55402 (612) 333-5831 ACKNOWLEDGEMENT Plaintiffs, by their attorneys, the Housing Preservation Project and Miller -O'Brien acknowledge that sanctions may be awarded under Minn. Stat. § 549.211 to the opposing party if the parties or his/her attorneys act in bad faith, assert a frivolous claim, assert an unfounded position to delay or harass, or commit a fraud upon the Court. Attorney for Plain ffs AU"A CaAMwerT FOUL ZOOC 24 Exhibit 1 Renter Needs/Goals/Projected Results .................................................. 120,000 .............................................................. Projected 2010 I00,000 ............. 000 ... bo.=holds ................................................... • 97, in need* 80,000 ............. ..................................................... 60,000 1 ............. ............................................................ households in need* 40,000 ............. .................................................................... 20. 20,000 ...... **'*** .... - 'IQ. go. als; 11885 V 9,030 2010 projected 0 results *Households earning 50% or less of median income paying over 30% of income for housing costs. Owner Needs/Goals/Projected Results .............................................................................................................. 30,000 1............ 60,0001- - --------- .................................................................... Projected 2010 households ......................... in need* 55,945 40,000 ............. 1990 I households in need* 20.000 1 ............. .......................... 0 2010 projected res ults •H ou se holds earning 8 0% oiless of median income -paying over 30 % o f income for housing costs. 0