Loading...
HomeMy WebLinkAboutCouncil Information Memorandum 06-27-1986r a cif[: R �{ CITY OF PLYMOUTR CITY COUNCIL INFORMATIONAL MEMORANDUM June 27, 1986 UPCOMING MEETINGS AND EVENTS..... 1. PLANNING COMMISSION -- Tuesday, duly 1. The Planning Commission Forum is scheduled for 7:15 p.m., with the Regular Planning Commission meeting following at 7:30 p.m. in the Council Chambers. Agenda attached. (M-1) 2. CITY OFFICES CLOSED -- City offices closed Friday, duly 4. 3. NEXT COUNCIL MEETING -- The next regular meeting of the City Council is scheduled for Monday, duly 7. 4. MUSIC IN PLYMOUTH -- Wednesday, duly 9, 6:30 p.m. 5. REMINDER -- Employee picnic - Tuesday, duly 15. Contact Laurie if you plan to attend. 6. CANCELLATION OF GROUNDBREAKING CEREMONIES -- I was contacted Friday afternoon by a representative of Honeywell that their groundbreaking ceremonies for the office building at the Plymouth Point Corporate Center, 9th Avenue and Forestview Lane, has been cancelled. No explanation was given, nor was an alternate date suggested. FOR YOUR INFORMATION.... 1. MUNICIPAL LEGISLATIVE COMMISSION (MLC) -- At Thursday's MLC Operating Committee, I was nominated to be Vice Chair for the next year. Mayor Larry Donlin of Minnetonka was selected to be nominated for Chairman. These recommendations of the nominating committee will be presented to the Board of Directors at their meeting which is scheduled for Thursday, duly 31. We were also informed that Bob Renner, one of the two chief lobbyists for the MLC, will be leaving the Larkin, Hoffman, Daly 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 CITY COUNCIL INFORMATIONAL MEMORANDUM June V. 1986 Page two f firm and Joining the law firm of Messerli and Kramer effective this coming month. Bob's expertise lies primarily, in my view, in the area of fiscal maters, and he is well connected particularly to the IR side of the aisle. The committee indicated that it was particularly concerned that its lobbying efforts not be disrupted unduly by this change. The committee therefore decided to solicit proposals from both the Larkin, Hoffman, Daly and Messerli and Kramer firms for lobbying services for the period of August 1, 1986 through July 31, 1987. These proposals are to be submitted reflecting two approaches. The first approach would be for each submitting a proposal whereby they would act as the sole lobbyist for the MLC. The second approach would be a combined effort on the part of the two firms to represent the MLC. A committee to be representative of the full Board is to meet with both firms prior to the July 31 Board of Directors meeting and hopefully have a recommendation for the full Board at that meeting. I'm not personally acquainted with the Messerli, Kramer firm, although I understand that they have four lawyers whose primary Job is lobbying. They have represented the City of Bloomington in legislative matters, independent of the MLC, before the legislature. I will keep the Council advised as this matter develops. 2. THE DEMISE OF FEDERAL REVENUE SHARING -- In a letter dated May 13, 1986, the Office of the Secretary of the Treasury, officially advised us that federal revenue sharing is discontinued effective September 30, 1986. This means that the City will be receiving its last increment the second week of October this year. The final increment may also be affected by the Gramm-Rudman. On the other hand, the Supreme Court decision with respect to this bill, could increase our last payment if Gramm-Rudman is found to be unconstitutional. In order to retain our revenue sharing funds already received, we are required to "use, obligate or appropriate all revenue sharing funds before October 1, 1987." 3. MWCC COMMUNITY MEETINGS -- On June 25, Frank Boyles attended a Metropolitan Waste Control Commission community meeting to discuss the 1987 MWCC budget. The 1986 MWCC budget is $95,560,000. The proposed 1987 budget is $99,986,000. Attached are two graphics showing the MWCC operating budgets for 1986 and 1987 by program and by summary accounts. The proposed 1987 budget is 4.63 percent greater than the 1986 budget. In order to fund the 1987 budget, a 3.49 percent average rate increase will be required in 1987. In the case of Sewer Area One, which includes Plymouth, the rate will increase 3.24 percent in 1987. The SAC charge will change from $475 to $500 in 1987. Industrial strength charge costs are expected to increase by 2.7 percent. The major source of increase in the MWCC operating budget is additional debt service costs which account for half of the increase. CITY COUNCIL INFORMATIONAL MEMORANDUM June 27, 1986 Page three The capital budget was also discussed at the meeting. The proposed capital improvement program for the MWCC contains 68 projects, for which $383,906,857 has been authorized during the past several years. Six projects are expected to be closed out in 1986, leaving the total expenditure of $234,713,242. Revenues to fund the MWCC projects include $24 million in federal grants, $19 million in state grants, $1.3 million in interest earnings, $60,000 from local governments, a miscellaneous income of $50,000, and a fund balance as of December 31, 1985 of $15,400,000. This $60,600,000 in revenues, minus the $234,700,000 project costs, results in a deficit fund balance of about $174,100,000. This deficit will be funded through future bond sales. MWCC representatives were quick to point out that federal funding sources which historically have provided up to 80% of capital project funds, are rapidly drying up and that future capital project costs will increasingly be borne by system users. From Plymouth's perspective, the capital budget is significant in two respects. First, the Elm Creek interceptor continues to be excluded from the proposed five year capital budget as expected. The second important point is that the Plymouth interceptor is included in the development program. The project consists of providing additional sewage interceptor capacity to the City by installing new pumps, and constructing a parallel force main to meet increasing capacity needs at Highway 55 and County Road 18. The project will be under study for 1986 and 1987 to explore alter- natives. Actual construction is not anticipated until 1988 or 1989. The total anticipated project cost is $5,350,000. In addition to escalating sewer rates, municipal representatives present at the meeting expressed concern about the magnitude of the increase in SAC charges which the MWCC anticipates for the next five years. Discussion also occurred with respect to combined sewer separation and MWCC legislative proposals. (I-3) 4. OAKDALE WEST THIRD ADDITION -- Councilmembers may be aware that Mr. Bill Pribble, an attorney, who lives immediately north of Don Myron's Oakdale West Third Addition, has obtained a restraining order to prohibit Mr. Myron from proceeding to construct a dike and do dredging along the north line of the plat. The effect of the dike would appear to adversely impact the Pribble property. The attached letter from Sherm Goldberg deals with this matter and notes that the approved plat did not contemplate the dike nor the dredging. (I-4) 5. CABLE SERVICE FOR 2500 BLOCK OF TROY LANE -- dim Morrison, Supervisor for cable installation, contacted me on Friday, dune 27 to confirm that cable has now been installed to serve all houses along the 2500 block of Troy Lane. Construction crews did encounter a resident who opposed the installation, but were ultimately able to persuade the party to allow them to proceed with installation. CITY COUNCIL INFORMATIONAL MEMORANDUM June 27, 1986 Page four 6. MINUTES FOR THE DUNE 19, 1986 TRANSIT SERVICE NEEDS ASSESSMENT PROSECT MANAGEMENT TEAM -- Frank Boyles serves a member of the Regional Transit Board's Transit Service Needs Assessment Project Management Team which is in the process of analyzing transit needs throughout the metropolitan area. The objective of the project is to specifically define unmet transit needs in the metropolitan area, develop a basis for matching service needs with service types, and developing criteria for evaluation and equitable funding of transit services. (1-6) 7. 40TH AVENUE STREET REPAIR -- Attached is a memorandum from Sherm Goldberg regarding his discussions with Greg Begin on the repair of 40th Avenue. Mr. Begin has indicated he will repair that portion of 40th Avenue east of Fernbrook at the same time that he will be doing the cul-de-sac at the east end of the street. This work would be started in approximately two weeks. However, if complaints are received from area residents, Mr. Begin will start work within one or two days after the complaints. (I-7) 8. PLYMOUTH V. JEFF HOWARD -- Attached is a letter from City Attorney Jim Strommen which includes a copy of the Order and Memorandum issued by fudge Pam Alexander in the teff Howard trial. The order denies a new trial or judgement of acquittal requested by Mr. Howard's attorney. dim also reports on action being taken against Jeff Howard with regard to the fence he built in his front yard. (I-8) 9. LOCKUP INSPECTION OF PLYMOUTH POLICE HOLDING CELL -- Annually the Hennepin County Sheriff's Department conducts an inspection of the Plymouth Police Department holding cell area. On April 23, 1986 the inspection was conducted. A copy of the Sheriff's Department report is attached. Although Plymouth received an overall good rating, there were three fire inspection deficiencies noted in the report. Staff is in the process of complying with the orders issued. (1-9) 10. MINUTES -- The following minutes are attached: a. Planning Commission, dune 25, 1986 (I -10a) b. Park and Recreation Advisory Commission, dune 25, 1986 (I -10b) 11. AMM NEWSLETTER -- The Association of Metropolitan Municipalities newsletter for dune focuses on its May annual meeting and election of officers and board of directors. A copy is attached. (I-11) 12. ARTICLES OF INTEREST -- The attached articles discussing the federal policy on housing on community development, and the future outlook for the Community Development Block Grant Program were taken from a recent issue of the National League of Cities newspaper. (1-12) 13. BOND NEWSLETTER -- A copy of the Ehlers and Associates bond newsletter for dune is attached for your information. (I-13) CITY COUNCIL INFORMATIONAL MEMORANDUM June 27, 1986 Page five 14. COMMUNITY IMPROVEMENT REMINDER CARDS -- The following City staff responses to Community Improvement Cards submitted by Council members are attached: a. Replacement of tennis net at Zachary Playfield - Bob Zitur b. Repair of basketball backstop at Shiloh Park - Bob Zitur c. Damage to curbs in Deerwood Estates Development - Dave Crain (I-14) 15. CORRESPONDENCE: a. Letter of appreciation to Mr. Kirk Klopfleisch, 15841 - 27th Avenue North, from City Manager. Mr. Klopfleisch was observed picking up litter along Vicksburg Lane by ferry Sisk earlier this week. (I -15a) b. Letter Rick and Deanne Vanderford, 2615 Zircon Lane, commenting on the Council's decision to move the Green Oaks Park equipment to a central location in the park. (I -15b) c. Letter from Tad dude responding to an earlier letter from Frank Boyles with respect to supporting state redesign of transit funding mechanisms. (I -15c) d. Letter from a battered wife relating her positive experience with the Domestic Assault Intervention Program and Plymouth Police Department. (I -15d) e. Letter from the Suburban Rate Authority Counsel, Glen Purdue, to SRA Directors and Managers, regarding the results of the Authority's intervention in the 1985 NSP electric rate case. (I -15e) James G. Willis City Manager JGW:Jm attach PLAN14ING COMMISSION MEETING AGENDA TUESDAY, DULY 1, 1986 WHERE: Plymouth City Center 3400 Plymouth Boulevard Plymouth, MN 55447 CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner, citizen or petitioner so requests, in which event the item will be removed from the consent agenda and considered in normal sequence on the agenda. PUBLIC FORUM 7:15 P.M. 1. CALL TO ORDER 7:30 P.M. 2. ROLL CALL 3.* APPROVAL OF MINUTES Planning Commission Minutes, dune 25, 1986 4. PUBLIC HEARINGS A. Children's Learning Center, Inc. Conditional Use Permit to allow expansion of the daycare facility at 105 Forestview Lane. (86067) B. Russ and Rose Becker and Zaudtke Homes. Mixed Planned Unit Development Amendment for increased lot coverage on Lot 8, Block 3, "Glen Echo Ponds", generally east of Sycamore Lane and north of 12th Avenue North. (86077) 5. NEN' BUSINESS A. Minneapolis Auto Auction. Site Plan and Variances for construction of parking facilities on the east side of Nathan Lane at 1120 Nathan Lane. (86070) B. Alan and Kathy Grundei and Meade and Marguerite Wetherbe. Lot Consolidation, Lot Division and Variance east of Peony Lane and west of Olive Lane, generally south of 19th Avenue North. (86079) 6. OLD BUSINESS NONE 7. OTHER BUSINESS 8. ADJOURNMENT 10:00 P.M. QD LL: co � U Q z 0 `'-' U V U-) a W � Q D � D ur) m r m 0 z Q cy-00" W CD U U 7 o LL: � U Q W `'-' U-) CD o z� o Qwo O LLJ �� Q O U 0 O wog LO co J C L(� a < U44 o � � `'-' 0 W o o Qwo oN Q`no w 0 (Y- J co U W W Qw� 0 O w 0 U � m cc O w w rr) o (-f) Aoct 0 Q 0 � 0 w n O O �5 z � J � r z(D O z o zo Q -I- J N D- A:pr 0(no z woo Q) wcco z a L _ Ojw:f, -3 J 0 >O C O J O PO _ co �O Li rr) �-bc� �I 0 00 U Q rnrnw Q Cn 0 Q 0-1 ry w D _ z O J Q �wUCLOLJ w� -<j Ow0w 0 Qv U) Q , w LLJ 00 U z OD m� o 0 LLJ � 0 0 U m Cr cv ED ro O o cr)-blcfl � 0 CO m O Q wQQ a0 o � oz0 CLOo wu Q N ZQ � LLJ � CL — 0 tR June 25, 1986 Mr. Don Myron 602 Twelve Oaks 15500 Wayzata Boulevard Wayzata, Minnesota 55391 i CITY O0- PumbUTR Subject: Oakdale West 3rd Addition (84097) Dear Don: We are in receipt of the following information relative to your grading work for the above referenced subdivision: 1. $1,000 cash deposit for the erosion control guarantee. 2. Letter of Credit in the amount of $1,780 to cover the balance of erosion control guarantee. 3. Grading plan signed by your engineer. The grading plan indicates two items that were not shown on the grading plan as approved by the City Council with the final plat. They are: a. Dyke along the North property line of the plat. b. Dredging the existing pond to an unspecified depth. Under the circumstances surrounding the grading of your plat, the fill area across the North plat line in the pond, as well as the dredging of the pond, will be deleted from the approved plan recently submitted by you. In the meantime, if you want to do the dredging work, you should resubmit a plan to the City for City Council approval as well as submit a plan to the Watershed District for their approval. This seems to me the only prudent thing to do under the circumstances. Also, would you please check your silt fence recently installed for erosion control protection as some of it looks like it should be anchored in in order to function properly. 3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 559-2800 Mr. Don Myron June 25, 1986 Page Two If you have any questions undersigned. Yours very truly, v/A Sherman L. Goldberg, P.E. City Engineer regarding the matter, please contact the SLG:kh Enclosure cc: Jim Thomson, City Attorney James G. Willis, City Manager Fred G. Moore, Director of Public Works 0 G c o• C= 0 0 CS o� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a a 0 OFFICIAL RECEIPT City of Plymouth 3400 PLYMOUTH BLVD. PLYMOUTH, MN 55447 (612) 559-2800 ::j 198 t,,,�,i 1 �i�,�i H, f inAnc;G DI116dfiUf� e MINUTES OF THE TRANSIT SERVICE NEEDS ASSESSMENT P F1 rT M4NAGEM NT TFnM Thursday, June 19, 1986 1:30 p.m., Metropolitan Council Conference Room D Members Present Frank Boyles Karen Lyons for Nacho Diaz Aaron Isaacs for Dennis Tollefsbol Marcia Diers Steve Grochala Roger Huss Dave Pesch Donna Allan Jim Daire Others Present Representing City of Plymouth Metropolitan Council Metropolitan Transit Commission Minnesota Rideshare City of St. Paul University of Minnesota Medicine Lake Lines Mn/DOT - Office of Transit City of Minneapolis Peter Fausch and Ferrol Robinson, Strgar-Roscoe-Fausch, Inc.; Judy Hollander, Katherine Turnbull, Cindy Fish, Randy Rosvold, Roane Smothers, Regional Transit Board (RTB) I. Central City Test Case Areas Katie Turnbull reviewed the two Central City Test Case Areas. These were selected in meetings with Steve Grochala and Jim Daire. The St. Paul test case area includes the neighborhood south of I-94 in a triangle between the two rivers. The Minneapolis test case covers the area bounded by I-94 on the north, Hennepin Avenue on the west, 38th Street on the south and Hiawatha Avenue on the east. Katie outlined the process to be utilized in these test case areas, which follows that used in other areas and the overall approach to the service needs assessment. A data inventory is being completed which will include identification of major generators, travel data, population, employment, socio-economic, demographic and transit dependent data and analysis of the transit accessibility measures. Trail check information from the MTC is being gathered for selected routes in the two areas. This includes on and off passenger counts for all stops on a route. On -board surveys may be conducted on selected routes to obtain further detailed information on existing riders. Further input from the city staff and others will also be sought. The unmet transit demands and alternatives will be identified. Aaron Isaacs noted that the MTC has a 1983 route -by -route printout of routes in both areas which might be of help in the analysis. -2 - II. Market Research Update Katie handed out copies of the report outline for the telephone surveys in the Northwest Sector and Western Crescent test case areas which was prepared by Frank Koppleman (copies are attached for those not at the meeting). Both surveys have been completed and Frank is in the process of analyzing the results. The Northwest Sector survey is further along as it was completed first. Katie reviewed some of the preliminary results from the surveys. She indicated that the results provide a wealth of information and resources for the Transit Service Needs Assessment and for other purposes. The results help identify the existing transit markets and new market opportunities. Maintaining existing riders, while attracting new riders, will be the test of any service i ®rovements. Some of the preliminary results, such as women favor transit more so than men even when they have a choice and transit ridership is higher among lower to mid income and education levels, are similar to other past survey results. Other findings wi-.'.ch rank the attributes of different modes and peoples' reasons for cho ^sing different modes offer new insight. The more detailed result_ should be available at the next PMT meeting. Aaron Isaacs suggested that past surveys seem to indicate that women react more to transit costs while L -en react more to parking costs. Ferrol Robinson noted that the surrey results, especially those from the Northwest Sector, indicate that me st bus riders in both the peak and off- peak are predominantly choice riders. Peter Fausch noted that Frank Kopp7eman indicated that there have not been any other studies of this type done in the country to compare the results with. Katie noted that Frank will be cor`feting the draft report by mid-July. This will include the analysis of response to alternative transit concepts which were included in the survey. Aaron noted that he hoped the resu"-s would be viewed with some skepticism, as people often say they will do something and then never do. Katie indicated that the results rr `ll be looked at carefully. Frank has built in some "traps" to double ch=:k individual responses. The questions try to get at the underl_%-',ng resons why people act and what influences their behavior. Ferrol =urther noted that the questions identify the attributes people ra.-= highly for the different modes. These attributes are then checked against responses to later questions to help identify if the individual is -eally likely to act in the manner indicated. 1 -3- Aaron suggested that people may make choices based on their last bad experience with a mode. If they took the bus and it was late and dirty they probably will not use •it again. On the other hand, if they drove and got stuck in a major traffic jam, they may not drive the next time. Roger Huss noted that the marketing for the Route 52 service promotes relaxation as a reason to use the bus. This should be used more often in transit marketing. Frank Boyles stated that the video on the Plymouth Metrolink System does promote the relaxing nature of the service, stress relief and using your time more productively. Aaron noted that riders on the Route 52 service perceive the service is faster than other methods. Katie indicated that Frank Koppleman has stressed that the survey will provide attribute ratings for the different systems. This can be used to get people to try transit. However, if the service doesn't meet their needs they will not stay. She also outlined the telemarketing activities being initiated in a small demonstration on the I-394 project. This demonstration, which appears to be the first time telemarketing has been used for bus and rideshare, will provide interesting information. In response to a question from Marcia Diers, Katie and Ferrol reviewed the procedure used to select the sample for the telephone surveys. They noted that the transit riders were selected through actual contact on the bus. Representatives from the marketing research firm rode buses in the two test case areas and provided cards for riders to indicate their willingness to participate in the survey. The remainder of the samples were selected randomly. Peter stressed the importance and uniqueness of the survey. The results will be very important in developing the alternatives for the different test case areas and transit planning subareas. III. Draft Final Product Outline Katie noted that staff and the consultants would like to get the PMT's reaction to a draft of one portion of the final product. The final report will have a number of different sections, with one part dealing with a summary of the key findings and the alternatives or options. Copies of the draft outline were passed out (copies are attached for those not attending the meeting). Peter Fausch reviewed the draft outline. He indicated that the two pages which have been developed so far would be used as a resource to bring together the key elements and information. The outline would be prepared for each of the 26 transit planning subareas identified in Phase I. The first page would include a description of the basic dimensions, the transit demand indicators, the travel characteristics, major travel destinations and transit supply indicators. The second page would include a description of existing transit services, market indicators, potential service needs, levels of demand, range of costs and service planning recommendations. -4 - Peter noted that these were still in draft stage and any suggestions for improvements would be greatly appreciated. He stressed that this is only one element of the final product, but it would be a very important tool. Peter also handed out copies of a diagram from one of the Phase I SPG/PMT meetings. The diagram uses circles to explain individual's desires ("I want"), preferences ("I will use") and feasible services. He indicated that the second page would identify the feasible services based on the desires and preferences identified and analyzed in Phase II. Aaron indicated that the hardest part will be the development of service priorities. This could lead to "watering down" of transit services and funding. Peter and Katie explained that this section would contain the most feasible alternatives based on the cost analysis and other factors. The actual timing and priority to implementing service will be done in the RTB's Implementation Plan. C Aaron suggested that there are not many new things to be tried in transit. He cautioned against deceiving ourselves. People are always interested in things that are new and untried without concern for who pays for it. A conservative and critical approach is needed when looking at these. Frank Boyles indicated that it was important to plan ahead and try new things. Katie noted that there are a good deal of new and innovative transit concepts. While funding is obviously a concern and a limiting factor, there are different funding approaches which could be taken. Steve Grochala asked what task this activity fell under. Peter responded that it was the outcome of task 7, but was again only one small part of the final report. IV. Cost Model Katie reviewed the activities which have been completed since the last meeting on the cost model. She complimented Strgar-Roscoe-Fausch, Inc., for their work on this particular task. The results so far appear to be very accurate. The cost model will be beneficial not only for the Transit Service Needs Assessment, but also for many other purposes. Ferrol reviewed the handout which summarizes the major elements of the model and some of the results. The first page includes the model coefficients. 1984 data has been used for the model, as it has throughout the study. Ferrol reviewed the differences in the cost of the coefficients for the MTC's two factor model and the RTB's four factor model. The peak to base ratio under the RTB's model is 1.52. This shows how dramatic the peak impact is. Ferrol noted that the comparison of the model results are very close. Aaron indicated that the largest switch between the two models is the allocation of administrative overhead from miles under the MTC model to peak hour buses in the RTB model. -5 - Ferrol next reviewed a series of graphs which showed the results charting daily revenue miles and subsidy per passenger for local and express routes. The first graph shows all routes within these two categories while the second shows the results after the "outlying" routes have been taken out. Steve Grochala asked about the use and policy implications of the model and the results. Katie responded that the model will be used in two major ways. First, it will be used in the Transit Service Needs Assessment to evaluate how new service concepts and routes compare with existing services. Second, it will be used by the RTB to follow up on the activities of the RTB-MTC Joint Committee in developing thresholds and standards for all types of services. In response to a question from Frank Boyles, Katie indicated that other models are being developed for other types of services. Ferrol noted that the private operator regular route model is almost complete using Medicine Lake Lines data. Steve Grochala pointed out the equity issue of routes, such as 16, 21 and 5, which are performing very well. These often go through transit dependent neighborhoods. Steve suggested that consideration should be given to doing something for these good performance routes such as reduced fares. THE NEXT PMT MEETING IS SCHEDULED FOR THURSDAY, JULY 17, 1986, AT 1:30 P.M. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: June 25, 1986 TO: Fred G. Moore, Director of Public Works FROM: Sherman L. Goldberg, City Engineer SUBJECT: 40th Avenue Street Repair I have talked with Greg Begin and he would like to pave that portion of 40th Avenue, East of Fernbrook at the same time that he will be doing the cul-de-sac at the East end of the street. He would like to hold off for a couple of weeks, and I agree that the longer we can let the area that has been disturbed dry out, the better off the final product will be. We have not had any calls from the residents, but he assured me that if we did have some complaints, that he would be able to get in there within one or two days after the complaints, if need be. Once he does come in, we will have to check the East end of the job adjacent to the new cul-de-sac and have any of the other damaged blacktop taken out and repaired. SLG:kh cc: Ken Johnson Dan Campbell Should you have any questions, please don't hesitate to contact me or Jim Thomson. Very truly yours, LeFEVERE, LEFLER, KENNEDY, O'BRIEN DRAWZ, P.A. James M. Strommen Enclosure 2/0066LT02.H37 LeFevere Lef ler Kennedy O'Brien Drawz 1 2000 First Bank Place West June 26, 1986 Minneapolis ,\ Minnesota 55402 J Telephone (612) 333-0543 Jim Willis, City Manager Telecopier (6121 333-0540 City Of Plymouth Clayton L. LeFevere 3400 Plymouth Blvd. Herbert P. Lefler Plymouth, MN 55447 J. Dennis O'Brien John E. Drawz David J. Kennedy Re: City of Plymouth V. Jeff Howard John B. Dean Glenn E. Purdue Dear Mr. Willis: Richard J. Schieffer Charles L. LeFevere Herbert P. Lefler III Jim Thomson recommended that I enclose a copy of the James J. Thomson, Jr. Order and Memorandum issued by Judge Pam Alexander in the Thomas R. Galt Dayle Nolan Howard trial which concluded last May. This Order denies Brian F. Rice a new trial or judgment of acquittal requested by John G. Kressel Howard's attorney, Doug Hall. While Howard has a right Lorraine S. Clugg James M. Strommen to appeal this Order, it is doubtful that he will. He Ronald H. Batty would have only a slight chance of prevailing at the William P. Jordan Court of Appeals. If he does not appeal, this opens the Susan Dickel Minsberg Kurt J. Erickson door for sentencing and probable settlement of the other William R. Skallerud remaining nuisance charges against him. Rodney D. Anderson Corrine A. Heine John R. McDonald, Jr. As you may know, I am working with Joe Ryan on a civil David D. Beaudoin action against Howard regarding the fence he has recently built in his front yard. We intend to serve these documents before the 4th of July weekend. If our motions are granted, we may obtain a court order requiring Howard to remove the fences within one month's time. This would be substantially faster than any criminal proceeding we would undertake. Should you have any questions, please don't hesitate to contact me or Jim Thomson. Very truly yours, LeFEVERE, LEFLER, KENNEDY, O'BRIEN DRAWZ, P.A. James M. Strommen Enclosure 2/0066LT02.H37 STATE OF MINNESOTA COUNTY OF HENNEPIN State of Minnesota, Plaintiff, vs Jeffrey S. Howard, Defendant. MUNICIPAL COURT DIVISION I -MINNEAPOLIS ORDER AND MEMORANDUM Case No. 3097298 The above entitled matter came on before the Honorable Pamela G. Alexander, one of the Judges of the Municipal Court, on June 10, 1986 on motion of the defendant for judgment of acquittal, or in the alternative, new trial. The defendant was represented by Douglas Hall, Esq. The State was represented by James Strommen, Esq. .After reviewing the record and hearing arguments of counsel, this Court finds that the evidence presented at trial was sufficient to sustain a conviction and that the jury's finding of guilty to the charge was justified by the evidence and not contrary to law. Accordingly, IT IS ORDERED that defendant's Motion for Judgment of Acquittal and defendant's Motion for New Trial be, and is hereby, DENIED. BY THE COURT: Pamela G. Alexander Judge of the Municipal Court Dated: June 24, 1986 p MEMORANDUM MOTION FOR JUDGMENT OF ACQUITTAL Minn. R. Crim. P. Rule 26.03, subd. 17 authorizes the Court, on motion by the defendant, to set aside a guilty verdict and enter judgment of acquittal, if the evidence is insufficient to sustain a conviction. Accordingly, the Court must review the record and determine if there are facts and/or legitimate in- ferences drawn from those facts sufficient to lead a jury to reasonably conclude that the defendant was guilty of violating the statute. See State v Merrill, 274 NW2d 99 (Minn. 1978). Minn. Stat. 343.21, subd. 2 states simply that "no person shall deprive any animal, over which he has charge or control, of necessary food, water or shelter." The State contends that on the day in question, the defendant did not provide the necessary shelter for his animals as provided by the statute. The State's main witness was Denise Gilbertson, a Field Cruelty Officer for the Hennepin County Animal Humane Society. Ms. Gilbertson testified that on the day in question, she inspected a barn, a metal shed, a dog house and a chicken coop during an inspection of the defendant's farm. According to her testimony, the barn housed several animals and she observed no bedding. 1 Defendant disputes the sufficiency of this evidence in as much as it was admitted by the State that Gilbertson did not go inside the barn to inspect it, but rather observed some of the interior of the barn from several feet outside the barn door. Ms. Gilbert- son testified that she saw no need to inspect the barn further since the defendant had informed her that there was no bedding provided in that barn. Defendant denies having told Gilbertson this. Ms. Gilbertson testifiec: to a much more thorough examination of a metal shed structure on defendant's property. Again, her testimony is that the shed (where she observed some 50 birds of various types) contained no bedding and had a floor that con- sisted of the bare ground and drifted snow. According to her testimony the barn was open to the north and to the south due to a lack of workable doors, and it was also uninsulated. Gilbertson V further testified that an argument developed between her and the defendant as to whether bedding was even needed here. Defendant testified that there was bedding in the metal shed on that day and produced some photographs to support his contention. However, the State disputes his claim that the photographs were taken just shortly after Gilbertson left on the afternoon of December 18th. The State produced climatological evidence compiled by the U.S. Weather Service tending to cast some doubt on defendant's claim as to when he took the pictures. On cross-examination, defendant ad- mitted that some of the pictures introduced during the trial were not taken on the day in ouestion, but that the one's showing the existence of bedding was taken the day of Ms. Gilbertson's visit. Testimony regarding a purported dog house was also heard. The State claims that a wooden structure located on the property was indeed a dog house and that she per- sonally observed a dog chained to it. The structure had no bedding, according to Gilbertson, was too small for the german shepard dog chained to it, no floor , and was otherwise in- adequate as a shelter and violative of Minn. Stat. 343.40. The defendant claims that it was not a dog house but a crate used for the geese, and that there was bedding in it. The final structure inspected was the chicken coop which the defendant admits contained no bedding because it was a "roosting area" The ultimate issue in this case therefore was whether or not there was bedding provided in all the structures inspected by Ms. Gilbertson on December 18, 1985. As urged by the State in its opposition brief, if -one animal -•ras without bedding on the day in question, there has been a violation of the statute. Assuming, as we must, the jury believed Ms. Gilbertson's testi- mony as to what she observed on that day, and disbelieved any contrary evidence offered by the defendant, this Court concludes that the jury could reasonably find that the defendant was guilty of the offense charged. Accordingly, defendant's motion for judgment of acquittal fails. �g MOTION FOR NEW TRIAL Minn. R. Crim. P. Rule 26.04, subd. 1(1) authorizes the Court to grant a new trial on written motion of the defendant if the verdict or finding of guilty is not justified by the evidence, or is contrary to law. As pointed out above, the State's main witness testified that she observed no bedding while defendant testified that he did have bedding on the day in question. The jury could properly weigh the credibility of the witnesses and this Court, viewing the evidence in the light most favorable to the prosecution, finds no basis to hold as a matter of law that the verdict was not justified by the evidence presented. 1With respect to whether shelter necessarily includes "bedding", testimony from all of the witnesses established that if bedding was not provided, the necessary shelter for winter in Minnesota was not provided, SHERIFF DON OMODT OW,xe Of the ogCrvrltt, The Honorable Virgil Schneider Mayor, City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Dear Mayor Schneider: :Q 6COURTHOUSE MINNEAPOLIS, MINNESOTA 55415 (612) 348-3744 June 23, 1986 In accordance with Minnesota Statutes, I am enclosing a copy of the Lockup Inspection Report of your facility. This inspection was conducted by Lt. Jalma of the Hennepin County Sheriff's Department. Copies of the report have also been forwarded to the Commissioner of Corrections and to your Chief of Police. The Fire Inspection Report lists the following three items to be taken care of immediately: Install a 10# ABC dry chemical fire extinguisher in the squad room. The alarm system must be tested annually by an approved alarm company. The smoke detectors and grill below the smoke detectors should be cleaned on a monthly basis. Upon correction of the deficiencies please notify Lt. Jalma at 348-8358, and he will verify the correction and report same back to the Department of Corrections. If you have any questions regarding our findings and written comments, please feel free to call me at 348-4946. Sincerely, DON OMODT, SHERIFF By: David T. Hile Inspector DTH:cjt Encl. cc: Commissioner of Corrections Chief Richard Carlquist Minn. Stat. 387.03 "The sheriff shall keep and preserve the peace of his county..." lete in :TATE OF MINNESOTA Good( X ) Fair ( ) T1�e DEPARTMENT OF CORRECTH>MiE Are safety screens provided? Yes ( ) No ( X) What are their 450 No. Syndicate St., St. Paul, MN 55104 3. Does Jailer or Custodian have suitable space? Yes ( X) No ( SHERIFF LOCKUP INSPECTION REPORT 4. city or village Plymouth 3400 Plymouth Blvd. qty Hennepin Type of lockup: ® City rD Village o Used by Municipality mW County COMMENTS:— Item 4: There are no windows Main* of Officer is Charge Richard Carl qui st Title Chief Mayor_ Virgil Schneider Clerk 'TNuri I -Oar A. Administration Operation of cell doors? Good (X ) 1. How is prisoner register kept? Good ( X) Fair ( ) Poor ( ) 2. 2. How are firearms, tools, etc., safeguarded? Well ( X) Poor ( ) ) Porn ( ) 3. How is fire protection? Good ( X ) Fair ( ) Poor ( ) Keyed, bolt ( X ) Padlock ( ) Remote control( ) 4. How often are prisoners checked? Every--Hrsr Mi nutes S. How long are prisoners held? Maximum Time _ 5-6 hniirc Average Timm 1 hour 6. In a Jailer or Custodian always present when someone is being held? Yes Q( ) No( ) If not, explain procedure used: _ Arresti no officer acts as jailer 7. Does Jailer or Custodian sleep nights while on duty? Yes ( ) No (X ) B. Do security procedures appear proper? Yes ( X) No( ) 9. What is general condition of cleanliness? Excellent ( ) Good (X ) Fair ( ) Poor ( ) 10. Is lockup swept every day? Yes ( X ) No( ) 11. In lockup thoroughly cleaned at least once every two weeks or whenever needed? Yes ( X) No( ) COMMENTS: D. 11vilding 1. General condition? Excellent( ) Good( X ) Fair ( ) Poor ( ) 2. Are safety screens provided? Yes ( ) No ( X) What are their condition? Good ( ) Fair ( ) poor 3. Does Jailer or Custodian have suitable space? Yes ( X) No ( ) 4. What is condition of windows? Good ( ) Fair ( ) Poor ( ) COMMENTS:— Item 4: There are no windows in the cell area. C. cells 1. Operation of cell doors? Good (X ) Fair ( ) Poor ( ) 2. Condition of cell locks? Excellent ( ) Good (X ) Fair ( ) Porn ( ) 3. Type of cell locks? Keyed, snap ( ) Keyed, bolt ( X ) Padlock ( ) Remote control( ) COMMENTS: D. Seddino 1. What is supplied? None ( ) Mattress ( ) Mattress covers ( ) Sheets ( ) Pillows ( ) Pillow cases ( ) Blankets (X ) 2. is clean bedding issued to each prisoner? Yes ( V No ( ) If not, explain procedure 3. Are blankets kept clean and fresh? Yes ( X ) No ( ) COMMENTS: Laundered as needed. E. Plumbing 1. Does each cell have a toilet? Yes ( X) No( } 2. Does each cell have a washbasin? Yes ( X ) No( ) 3. Is there a shower for prisoner use? Yes ( X) No( ) 4. If answer is no to any above; Explain: S. How is drinking watersupplied? Fountain (Y) Faucet( ) Paper cups ( ) Other ( ); Explain: Combination 'ai-r fixture 6. Cleanliness of fixtures? Excellent ( ) Good ( X) Fair Poor 7. Condition of plumbing? Excellent ( ) Good ( Xj Fair ( ) Poor ( ) COMMENTS: P. Hooting and Ventilation 1. Heating system: Furnace ( ) Steam ( ) Hot Air ( X) Other ( ); Explain f Pntral haati na 2. Heat supply: Excellent ( ) Good (X) Fair ( ) Poor ( ) 3. Ventilation: Winter: Good (X ) Fair ( ) Poor ( ) Summer: Good( X ) Fair ( ) Poor ( ) 4. Condition of windows: Good ( ) Fair ( ) Poor ( ) S. Condition of screens: Good ( ) Fair ( ) Poor ( ) 6. Is there danger of prisoner as by tiation? Yes( ) No( ) COMMENTS: Items and 5: There are windows or screens in the cell area. G. Lighting 1. Amount of light: Days: Good (X) Fair ( ) Poor ( ) Nights: Good ( X) Fair ( ) Poor ( ) 2. Wiring: Excellent ( ) Good (X ) Fair ( ) Poor ( ) 3. Are switches and fixtures out of reach of prisoners? Yes( X) No ( ) 4. Are cells well enough lighted for reading? Yes ( X) No ( ) How well? Good ( X) Fair ( ) Poor ( ) COMMENTS: M. Medical and Health Services 1. Is illness given immediate attention? Yes ( X) No ( ) 2. Is a doctor readily available? Yes ( X ) No ( ) 3. Is a hospital available? Yes ( X ) No ( ) Distance from Lockup? --12 mi 1 ac - Nnrth Memorial Hospi 4. First aid supplies? Good( X) Far ( ) Poor ( ) None ( ), COMMENTS: 1. Peed I. Is food prepared at lockup? Yes ( ) No ( X) 2. Who supplies food? Perki ns 3. Preparation: Excellent ( ) Good ( X ) . Fair ( ) Poor ( ) 4. Quantity: Good ( X ) Fair ( ) Poor ( ) S. Temperature when served? Hot ( X) Cool ( ) Cold ( ) 6. Cleanliness in food serving? Good ( X) Fair ( ) Poor ( ) COMMENTS J. Paint and General Appearance 1. Outside appearance: Good ( X ) Fair ( ) Poor ( ) 2. Interior appearance: Good ( X) Fair ( ) Poor ( ) 3. Paint condition: Excellent Good Fair Poor - Ceilings ( ) - Walls ( ) - Floors ( ) ( X) ( X) ( X) ( ) ( ) ( ) ( ) ( ) ( ) - Cellwork ( ) ( X) ( ) ( ) 4. Painting needs: None s. General cleanup needed: Ceiling vents in cells need cleaning. 6. Improper use of detention apace? Yes ( ) No (X ) Explain: Intal .ins-rninhpr nf s- sr hnnkpci in •I 's :: Juveniles: 29 K. Reeentmendetions: None Attachment: 1986 Fire Inspection Report Dote of Ifspectlew April 23 19 86 asysarnre of seeror Deputy Lt. Michas Jalma DISTRIBUTION BY SHERIFF Wannepi A COW" Goverming Body o/ Municipality Mi nnaannl i c cnrnty Soot coermissaoruerof corvvctions Sie.ifrs File J rAJA 1, ,,j,* X; -e- 'iNceee dAi IvP0 ) r� CITY OF PLYMOUTH OFFICE OF FIRE MARSHAL 3400 Plymouth Boulevard Plymouth, Minnesota 55447 NAME PLYMOUTH POLICE DEPT. - Holding Cells ADDRESS_ 3400 Plymouth Boulevard NAME OF OWNER Sgt. Dennis Paulson, Representative HOW OCCUPIED ORDER "NOTICE N0.86042 TO THE OWNER, LESSEE, AGENT AND OCCUPANT OF THE ABOVE DESCRIBED PREMISES: Pursuant to the authority vested in me by the 1986 Code of Ordinances of the City of Plymouth, as amended, you and each of you upon whom this order shall be served are hereby ordered immediately, not to exceed the time frames listed. IMMEDIATELY: Install a 10# ABC dry chemical fire extinguisher in the squad room. The alarm system must be tested annually by an approved alarm company. The smoke detectors and the grill below the smoke detectors should be cleaned on a regular basis (monthly). And you are advised to comply herewith under penalty of said ordinance. DATED THIS 5th DAY OF May 19 86 • When this ORDER is complied with, or if you have Stan S .e1 any questions regarding this ORDER, call the Fire Fire nspe o Marshal at 559-2800, extension 365. BY:- PUMOUTR June 27, 1986 - Hennepin County Sheriff Room 36, Courthouse Minneapolis, NW 55415 Attn: Lt. Jalma RE: FIRE INSPECTION OF CITY OF PLYMOUTH POLICE HOLDING CELL AREA Dear Lt. Jalma, The fire inspection orders that were written for the Plymouth Police Department holding cells are in the process of being complied with. Mr. Fred Moore, Director of Engineering for the City of Plymouth, has contacted an alarm company to service the alarm system on an annual basis. A monthly maintenance schedule has been implemented to clean the smoke detectors and the grill below the detectors. The fire extinguisher mentioned in the orders will not have to be installed. A 10 pound dry chemical fire extinguisher is located in the Public Safety reception area which is within the travel distances required for theholding cell area and the reception area. Please call if you have any questions. Sinr y Stan Scofield Fire Inspector LSS:ly cc: James G. Willis, City Manager CITY OF PLYMOUTH PLANNING COMMISSION MINUTES DUNE 25, 1986 The Regular Meeting of the Plymouth Planning Commission was called to order at 7:30 P.M. MEMBERS PRESENT: Chairman Steigerwald, Commissioners Magnus, Stulberg, Plufka and Pauba Commissioner Mellen arrived 7:34 P.M. MEMBERS ABSENT: Commissioner Wire STAFF PRESENT: Community Development Coordinator Sara McConn City Engineer Sherm Goldberg Planning Secretary Grace Wineman *MINUTES MOTION by Commissioner Pauba, seconded by Commissioner Stulberg to approve the June 11, 1986 Minutes as submitted. VOTE. 5 Ayes. MOTION carried. PUBLIC HEARINGS Chairman Steigerwald introduced the application by C.O.M.B. Company and requested an overview of the June 16, 1986 Staff Report by Coordinator McConn. Chairman Steigerwald inquired where the satellite dish would be located. Coordinator McConn stated it would on the south side of the building. Chairman Steigerwald introduced Mr. Grant Oppegaard representing C.O.M.B. Company. Mr. Oppegaard stated the staff report covers all the details. He pointed out that the uplink truck placement is for one year, it is a flat-bed truck with an antenna. They have a six month permit from the Federal Communications Commission (FCC), and can renew the permit for another six months. They are considering a permanent installation on the rooftop of their facility and the truck is only temporary. Chairman Steigerwald inquired about of the dish. Mr. Oppegaard stated but cannot answer on the wattage. the equipment and will be checking assure there are no problems. -120- the height and wattage it will be 20 ft. high, Technicians will install it out with the FCC to __X_ - \0C'__ NOTION TO APPROVE VOTE - MOTION CARRIED C.O.M.B. CO. CONDITIONAL USE PERMIT FOR OUT- SIDE STORAGE (86060) Page 121 Planning Commission Minutes June 25, 1986 Chairman Steigerwald inquired what the preference is for screening the area. Mr. Oppegaard stated they will put in Evergreens to shield the vehicle, but want to be sure the trees are spaced to provide room to remove the truck when the permanent location is determined. Chairman Steigerwald inquired about security. Mr. Oppegaard stated they are hiring employees for 24-hour security. Chairman Steigerwald opened the Public Hearing. Mr. Bob Wernick, 13405 15th Avenue North, stated he has no problem with the truck parking, but currently trucks are parking outside the storage area in the southeast corner of the site and the trucks are not used regularly. Mr. Oppegaard explained they purchased the Litton building and are moving in July 1, 1986. The trucks Mr. Wernick has seen are Litton trucks. He stated C.O.M.B. has no intention of parking their trucks there. Mr. Wernick stated he has no problem if the trucks are parked in the proper areas and not out front. Chairman Steigerwald closed the Public Hearing. MOTION by Commissioner Stulberg, seconded by Commission MOTION TO APPROVE Magnus to recommend approval for the Conditional Use Permit for Outside Vehicle Storage for C.O.M.B. Company, subject to the conditions as listed in the June 16, 1986 Planning Staff Report. Roll Call Vote. 5 Ayes. MOTION carried. VOTE - NOTION CARRIED Chairman Steigerwald suggested that the Engineering Depart- ment get a description of the antenna power (wattage) to establish if it is a microwave. Commissioner Mellen concur- red, noting that there are Northwestern Bell and NSP towers and equipment in the area. Coordinator McConn stated that the TV Cable Company was also concerned about interference from the NSP and Northwestern Bell installations which determined their site selection. Page 122 Planning Commission Minutes June 25, 1986 Chairman Steigerwald introduced the application by Truck Parts & Service, Inc. for a Conditional Use Permit for re- tail sales in the Industrial District. Reading of the June 16, 1986 Staff Report was waived. Chairman Steigerwald introduced Mr. Steve Kollins, the petitioner. Mr. Kollins had no questions or comments. Chairman Steigerwald opened the Public Hearing, as there was no one present to speak on this item, the Public Hearing was closed. Commissioner Pauba noted the petitioner relates that there will be 10 - 15% retail sales and inquired how this equates in the number of people and vehicles. Mr. Kollins stated that 10% is approximately $90,000 in sales monthly and equates to 1.8 persons per day. He stated drop-in customers would not be a common occurrence. Commissioner Mellen inquired about the possibility of oil spillage. Mr. Kollins stated the facility has a concrete floor, and a service picks up oil containers once a week. a i , STEVE KOLLINS TRUCK PARTS do SERVICE CONDITIONAL USE PERMIT (86062) MOTION by Commissioner Pauba, seconded by Commissioner MOTION TO APPROVE Magnus to recommend approval for the Conditional Use Permit for retail sales in the Industrial District for Truck Parts & Service, Inc., subject to the conditions as listed in the June 16, 1986 Planning Staff Report. Roll Call Vote. 6 Ayes. MOTION carried. Chairman Steigerwald introduced the application by Rudolph Marti, J & R Pizza, for a Conditional Use Permit to operate a Class II restaurant with delivery and pick-up service. Reading of the June 10, 1986 Staff Report was waived. Chairman Steigerwald introduced Mr. Marti who had no questions or comments. Mr. Marti identified the delivery area which is outlined in his narrative. Chairman Steigerwald opened the Public Hearing, as there was no one present to speak on this item, the Public Hearing was closed. VOTE - MOTION CARRIED RUDOLPH MARTI 0 do R PIZZA CONDITIONAL USE PERMIT (86063) MOTION by Commissioner Plufka, seconded by Commissioner MOTION TO APPROVE Stulberg to recommend approval for the Conditional Use Per- mit for Domino's Pizza for Rudolph Marti, J & R Pizza, sub- ject to the conditions as listed in the June 10, 1986 Plan- ning Staff Report. Roll Call Vote. 6 Ayes. MOTION carried. VOTE - MOTION CARRIED Page 123 Planning Commission Minutes June 25, 1986 Chairman Steigerwald introduced the application by Robert A. Schmitt for a Conditional Use Permit to erect an amateur radio antenna. An overview of the dune 10, 1986 Planning Staff Report was provided by Coordinator McConn. Chairman Steigerwald introduced Mr. Robert Schmitt, 11200 48th Avenue North. Mr. Schmitt had no questions or comments. Commissioner Pauba inquired if there would be problems with the trees on and near his lot. Mr. Schmitt stated the antenna will be near the same, or below the height of the trees. Commissioner Mellen inquired about the type of antenna. Mr. Schmitt explained it is a Mosley Antenna which is a small antenna for amateur radio. Commissioner Plufka inquired if Mr. Schmitt were aware of the 35 ft. height allowance that requires no Conditional Use Permit. Mr. Schmitt stated he was given conflicting inform- ation regarding the height restrictions, and feels it may have been because people he spoke with were confused between the height of an antenna and the height of satellite dishes. Commissioner Plufka inquired whether this differ- ence in height, 35 ft. to 48 ft., increases the receiving and transmission capabilities to a large degree? Mr. Schmitt stated it depends on the conditions. Chairman Steigerwald opened the Public Hearing. Phillip Konopka, 11110 48th Avenue North, inquired if the Commission received the copies of his letter. Chairman Steigerwald confirmed the Commission had received the correspondence. Mr. Konopka stated he has problems with the installation of the antenna and has been annoyed by interference from Mr. Schmitt's current CB equipment. He stated the pictures he took are of the CB antenna. He lives on the east side of Mr. Schmitt and the erection of this tower will reduce his property value. He has had to relocate because of his employement and always looks for homes that will be good for resale. There will be a problem with safety as it appears only bolts connect the antenna and he thought there would be guy wires. The antenna could be damaged by the wind and may be a natural lightning rod, attracting lightning strikes. Mr. Schmitt stated the tower will be grounded, there are three bolts and rods, set in every 3 to 8 ft. ROBERT A. SCHMITT CONDITIONAL USE PERMIT (86066) Page 124 Planning Commission Minutes June 25, 1986 Chairman Steigerwald inquired if Mr. Schmitt had talked with other neighbors and has he offered help when interference was experienced. Mr. Schmitt stated he did talk with neigh- bors and gave them his telephone number to call anytime they experienced interference problems; he also told them he would stop transmission during those times. He studied the problems and recommended to Mr. Konopka that he may change his speaker lead. When this didn't work, Mr. Konopka became very upset. Mr. Schmitt stated he contacted the FCC and tested the telephones and stereo systems. He believes with the replacement of the speaker wires, Mr. Konopka's problems will be alleviated. He provided a copy of the letter he received from the FCC stating no complaints have been reported to them. In response to Chairman Steigerwald, Mr. Schmitt stated there should be no problems with the ham radio antenna, but a CB can be prone to interference. Chairman Steigerwald inquired if Mr. Konopka had taken his complaints to the FCC. Mr. Konopka stated he didn't want to make this a big deal. Chairman Steigerwald inquired if the materials submitted and the discussion had cleared things up for him. Mr. Konopka stated he was not really satisfied, but the information is adequate. Commissioner Magnus inquired if Mr. Schmitt had received complaints from other neighbors, Mr. Schmitt stated he had received none. He gave the Commission a letter from his neighbor to the west, Bradley Hagemo, who supports his request. Discussion ensued about the location and height of the antenna tower. Chairman Steigerwald inquired who would in- stall the tower. Mr. Schmitt stated another operator who has the technical expertise will assist him in erecting the tower. Commissioner Pauba commented that if a residence should be damaged by.the tower during a wind storm, the property owner would be covered under his own homeowner's insurance. Commissioner Plufka confirmed there is no CB band with this antenna and it will cause less interference. Ray Baird, 11105 48th Avenue North, stated that he Just moved into Minnesota and wants to be assured that the antenna will not decrease his property value. He feels the antenna will be very visible and could dissuade a buyer from looking at homes in the area. Chairman Steigerwald stated the City cannot prevent an amateur radio operator from erecting a tower within Ordinance provisions. Conditions can be applied to those which require Conditional Use Permits. -� = koc.- Page 125 Planning Commission Minutes June 25, 1986 Ronald Dohman, 125 Magnolia Lane, stated he has a Condition- al Use Permit from the City for his amateur radio tower, he is an electrical engineer. He noted the height of his tower at 70 ft. When he researched information for the Condition- al Use Permit, he talked with real estate people who had not seen either negative or positive effects on property values. He noted there are no guy wires on his tower. He explained the manufacturer's specifications. The higher the tower the less interference to other appliances. He stated that lightning is not a problem as shown with microwave towers built on mountain tops. Commissioner Plufka inquired how high the tower is when cranked down. Mr. Dohman stated approximately 21 ft., but it is not useable at that height. If a tv is connected to cable it is a closed system and would receive no signals from the antenna. Mr. Dohman explained the differences be- tween CB and ham radio transmissions. He further explained that if you look at the appliances you buy, they have a disclaimer on the back because the manufacturer does not install filters in their equipment. Eric Foss, 4615 Oakview Lane, stated he also has a Conditio- nal Use Permit from the City of Plymouth for his amateur radio tower. He concurs with both Mr. Schmitt and Mr. Dohman. The tower height is very important to the ham radio operator, especially for receiving and transmitting over- seas. CB and ham are very different, he gave up the CB be- cause of interference and other problems. His tower does not have guy wires and has been in place for three years. He had a tower in place for four years at his previous home. He has had no complaints and feels there is no prob- lem with property values. He read a statement signed by his neighbors when he applied for his permit. Wayne Menge, 3190 Kimberly Lane, stated he recently received a Conditional Use Permit for his antenna and he endorses all that has been said by the other operators. He commented that he recently sold his home on Dallas Lane and the buyers wanted the tower with the home. He sees no problem with property values. Chairman Steigerwald closed the Public Hearing. Commissioner Pauba stated he was opposed to the tower erected by Mr. Menge and feels that this installation is better as far as aesthetics and the safety features reduce his concerns. He stated denial of the application would not be appropriate because permits for towers of greater height have been approved. However, it is important that none of the neighbors be affected by interference from the tower signals. \Oc` Page 126 Planning Commission Minutes June 25, 1986 MOTION by Commissioner Pauba, seconded by Commissioner MOTION TO APPROVE Plufka to recommend approval for the Conditional Use Permit for Robert A. Schmitt, subject to the conditions listed in the dune 10, 1986 Planning Staff Report and approving the maximum tower height for 48 ft.; maximum antenna height for 1.5 ft. for a total height of 49.5 ft. Commissioner Mellen stated he is opposed to the installation of the tower because of the density in the area; and, that it will be detrimental to the neighborhood because of its height. Roll Call Vote. 5 Ayes, Commissioner Mellen, Nay. MOTION VOTE - MOTION CARRIED carried. Chairman Steigerwald introduced the application by Craig CRAIG SCHERBER Scherber for rezoning and preliminary plat for "King's KING'S NORTH CORP. North". He requested an overview of the dune 10, 1986 staff REZONING AND report by Coordinator McConn. PRELIMINARY PLAT (86068) Chairman Steigerwald introduced Mr. Tom Loucks, representing the petitioner. Mr. Loucks had no questions but stated he had read the staff report and agrees that the application complies with the City's requirements and standards. Chairman Steigerwald opened the Public Hearing. Jerry Fischer, 4630 Fernbrook, stated he is concerned with the improvements to Fernbrook Lane and potential assessed cost. City Engineer Goldberg explained Fernbrook Lane will stop at the south property line of this proposed develop- ment as part of the Kingsview Heights development. Mr. Fischer stated he plans to live on his property for many years to come. He has a greenhouse and wants to remain in a rural setting. He stated the roadway assessments would be an unfair burden. Chairman Steigerwald explained that the City Council is the forum to discuss assessments and Mr. Fischer should make the Council aware of his concerns. City Engineer Goldberg explained the assessments are based on the frontage and the land use guiding. Chairman Steigerwald closed the Public Hearing. s \O C4_ Page 127 Planning Commission Minutes June 25, 1986 MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO APPROVE Magnus to recommend approval for the Rezoning and Prelimin- ary Plat for Craig Scherber for King's North, subject to the conditions as listed in the dune 10, 1986 Planning Staff Report. Roll Call Vote. 6 Ayes. MOTION carried. VOTE - MOTION CARRIED Chairman Steigerwald called a 5 minute recess at 8:43 P.M. RECESS Chairman Steigerwald called the meeting to order and intro- TERRY SCHMID duced the application by Terry Schmid, Avon Lumber for a AVON LUMBER Zoning Ordinance Amendment. An overview of the dune 16, ZONING ORDINANCE 1986 Planning Staff Report was provided by Coordinator AMENDMENT (86041) McConn. Chairman Steigerwald introduced Mr. Dale Hamilton, McCombs - Knutson Associates, representing the petitioner. Chairman Steigerwald pointed out that the only thing being discussed by the Commission, is the ordinance amendment, not a particular site. Mr. Hamilton introduced the petitioner's daughter, the landowners, and others involved with this project. He stated he knows they are not discussing a specific site, but will use the site as an example. He explained the constraints in limiting the building unit number to 12, and the costs involved which would make the project neither practical nor profitable if they do not construct more units per building. This is needed to get the maximum efficiency and compactness from this site. He discussed the 30 acre site and the topographic features, explaining that the building concentration would allow open areas, enhanced by the pond and trees for maximum livability for the residents. Mr. Hamilton showed the percentage of site used under different proposals, stating the ordinance change will provide more a livable site. Commissioner Plufka wondered if this was not like comparing apples and oranges, constraints versus no constraints. He inquired about the maximum density for the R-3 Zoning District. Coordinator McConn confirmed the density is 5 - 10 units per acre. Mr. Hamilton stated their proposal gives a spatial effect which enhances the ponding. Page 128 Planninq Commission Minutes June 25, 1986 Commissioner Plufka stated that grades of guiding and zoning are not only for density, but provide possibilities for liv- ing accommodations for different life styles. Offering more units within larger buildings rather than smaller buildings with less units may not suit all buyers. Building height and proposed underground garages were discussed. Chairman Steigerwald stated that even though today's market is not particularly good for a 12 -unit building, this type of structure has been popular and could be popular again. He inquired what benefit this amendment would have community -wide? What would be the criteria for other developments? Mr. Hamilton stated the reduced need for public streets would relieve the City of extra costs, and the buildings will be well built and attractive. Commissioner Plufka stated this change could be construed to be arbitrary and capricious if circumstances are not set forth that will work for everyone. Mr. Hamilton stated the building design is such that the payback would allow the installation of elevators, making the buildings attractive to empty nesters, singles, and older citizens. He feels this is opening up living accommo- dations to a greater number of people. Chairman Steigerwald inquired how he would write this into an Ordinance. Mr. Hamilton feels this amendment would pro- vide better regulation for the R-3 and R-4 Zoning Districts. Chairman Steigerwald stated it is his understanding from the discussion so far, that the construction of 12 unit build- ings would be economically unfeasible, however, no firm reasons for the zoning amendment have been given. Mr. Hamilton stated the larger buildings would provide amenities such as game rooms, party rooms, etc., that would serve a greater number of people. The rent charged in this type of building would be higher, attracting higher income residents. Commissioner Mellen stated that a cluster development could also offer these types of amenities so this is not a valid concept. Mr. Hamilton stated that having these amenities under the same roof would be beneficial and more suitable for the tenants. During Minnesota winters, people would not want to walk from one building to the other. A large build- ing is more secure which is important to prospective tenants. 1 oc . Page 129 Planning Commission Minutes June 25, 1986 Commissioner Mellen stated that people have different interests in unit types and building styles. Commissioner Plufka stated the City 's responsibility is to provide hous- ing for all life styles and all economic groups. Amending this zoning district could evaporate unit types and pricing for families and people with lower incomes. Mr. Hamilton noted this proposal would be constructed with private funds, whereas housing for families of lower incomes are provided with government funds. Commissioner Plufka noted there are a lot of folks, such as young people Just starting out, who are looking for a nice place to live at a moderate cost. Government programs are fast disappearing and the community must watch and make sure housing costs are within the reach of all citizens. Commissioner Stulberg inquired how much R-4 land is avail- able in Plymouth at this time. Coordinator McConn stated she does not know the exact number of acres. She noted re- garding this request, the petitioner had other options to consider for development of the site. In response to a question from Commissioner Mellen, she stated a variance would not be appropriate, because the unit type proposed is not allowed in the R-3 Zoning District. She explained the unit types for each zoning district and the required square footage in each district. Alternatives open to this petitioner would be to propose to amend the Land Use Guide Plan from LA -3 to LA -4 and rezone the property or, develop the property as a Planned Unit Development (PUD). She noted the comments given by the petitioner are design oriented which could be addressed as a PUD, such as topographic characteristics and open space amenities. However, the property in question is less than the required acreage for a PUD. Commissioner Magnus stated that approving this amendment which would apply across the City is a big concern because of the loss of transition to the R-4 Zoning District. If only large scale buildings are constructed, this eliminates housing styles such as townhomes, four, six and twelve- plexes that appeal to potential home buyers. Chairman Steigerwald stated a PUD Plan would be preferable to changing the Zoning Ordinance; one could be considered because of the wetlands and other constraints. He stated he likes the idea of keeping the buildings at 2 -stories and could work with this type of development if it followed the ordinance provisions and standards. Page 130 Planning Commission Minutes June 25, 1986 Commissioner Plufka concurred that this is a unique parcel, and the proposed development would be an appropriate transition to the industrial land that abuts this property. However, to accomplish this by an ordinance amendment would eliminate unit styles that may be desired by potential home buyers and future residents. Chairman Steigerwald reiter- ated that the PUD Plan would be a better presentation for this land, rather than the Zoning Ordinance Amendment. Com- missioners Plufka and Pauba concurred. Greg Frank, McCombs -Knutson Associates, stated their concern is they would be forced into a "cookie -cutter" design under the R-3 Zoning District provisions. Amending the Zoning Ordinance could give the developer a better choice and the City would have more to work with as well. Chairman Steigerwald opened the Public Hearing, as there was no one present to speak on this item, the Public Hearing was closed. MOTION by Commissioner Magnus, seconded by Commissioner MOTION TO DENY Pauba to recommend denial of the Zoning Ordinance Amendment for the reasons cited in the June 16, 1986 staff report. Roll Call Vote. 6 Ayes. MOTION carried. VOTE - MOTION CARRIED NEW BUSINESS: Chairman Steigerwald introduced the application by R.J. Ryan R.J. RYAN CONST. CO. Construction for Nathan Lane Associates. Reading of the VARIANCE FOR June 10, 1986 Planning Staff Report was waived. NATHAN LANE ESTATES (86074) Mr. Tom Ryan, representing the petitioner, explained the variance request that came from an error discovered when working with the survey of the property. MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO APPROVE Plufka to recommend approval for the Variance for R.J. Ryan Construction for Nathan Lane Associates, subject to the conditions as stated in the June 10, 1986 staff report. The Commission concurred there would be no other way other than granting the variance request. VOTE. 6 Ayes. MOTION carried. VOTE - NOTION CARRIED ADJOURNMENT: The meeting adjourned at 9:43 P.M. Minutes of the Regular Meeting of the Park and Recreation Advisory Commission June 12, 1986 Page 16 Present: Chair Edwards, Commissioners Anderson, Reed, LaTour, Beach and Rosen; staff Blank and Pederson; Councilmembers Vasiliou and Zitur; residents of Green Oaks Absent: Commissioner Mullan 1. CALL TO ORDER Chair Edwards called the meeting to order at 7:43 p.m. in the Council Chambers. 2. APPROVAL OF MINUTES A motion was made by Donald Anderson and seconded by Carol Beach to approve the minutes of the May meeting as presented. The motion carried with all ayes. 3. VISITOR PRESENTATIONS a. Athletic Associations. None were present at this meeting. b. Staff. Recreation staff members were not present at this meeting. c. Others. There were no guest speakers present at this meeting. 4. REPORT ON PAST COUNCIL ACTION a. Award of Bid for Parkers Lake City Park. Council awarded a bid to Matt Bullock Contracting Co. in the amount of $459,000 for Phase I construction of Parkers Lake City Park. Work should begin there by the end of the week. b. Queensland and Imperial Hills Neighborhood Park Improvements. Budgets and concept plans for these two neighborhood parks were approved with the exception of the pond dredging for Queensland park. c. Council approved the guidelines for requesting City contributions to school playgrounds. 5. UNFINISHED BUSINESS a. Play Equipment at Green Oaks Park. Director Blank briefly reviewed the history of the problems at Green Oaks park which resulted in the Council directing PRAC to hold a public meeting to hear the concerns of the residents. Director Blank reviewed his staff report for PRAC which listed four options for dealing with problems at Green Oaks along with his recommendation to partially re -locate some of the equipment. Chair Edwards read aloud letters received from Faye Lang, 18205 30th Place, who supported leaving the equipment as is; Janice Rakos, 18725 27th Avenue, who supported moving the equipment; and Audrey Johnson, 18835 30th Place, who supported moving the equipment. Following the reading of the letters, Chair Edwards called people from the audience to speak. 1. Rick Vanderford, 2615 Zircon Lane, favored moving the equipment, but not to the west side of the hill. He suggested the southeast side. 2. Dave Volker, 2830 Brockton Lane, spoke on behalf of the Greentree West Homeowner's Association. The Association met recently and passed a resolution supporting the total relocation of all playground equipment to an area approximately 30-35 yards north of the undeveloped farm land, on the south end of the park, mid -way between the two housing develop- ments. When questioned by the Commission that this location might interfere with the softball diamond, he stated that it did not. He further stated the diamond is very rarely used. Minutes of the June 12, 1986 PRAC Meeting Page 17 3. Jeff Grates, 18630 26th Avenue, stated his home borders the park on the northeast corner. He is home during the day and also stated that the ball diamond is rarely used. He favors the total relocation of the equipment. 4. Jim Richter, 2625 Zircon Lane, stated that he enjoys the park very much, but suggests moving the equipment to an area near the first base foul line of the ball field. 5. Kent Carlson, 18705 27th Avenue, stated he borders the park and his property is 15-20 feet from the slide. He complimented the Commission on the fine play equipment, but he feels it attracts older kids. He favors total relocation to a more central point in the park. 6. Carolyn Sternad, 18415 30th Place, has lived in the Green Oaks area for 21 years and has enjoyed the park with her children and grandchildren. She does not think that moving the equipment will solve the noise problem. She feels it would be better to wait at least a year to see if use tapers off. She suggested implementing the curfew if teenagers are a problem after 10:00 p.m. 7. Chuck Johnson, 2710 Xanthus Lane, lives around the corner from the park. He stated that a noise problem existed long before the new equipment was installed, and he favors leaving the equipment as is. 8. Fred Ratzloff, 2700 Xanthus Lane, stated that he and his family enjoy using the park and think that the equipment should be left where it is. He agrees it's noisy, but feels regardless of where equipment is located, there is going to be noise. He indicated his concern with the high tension wires being above the equipment if it is moved to the south end of the park. He favors leaving equipment alone for at least a year to see if situation improves. 9. Peter Busch, 18905 30th Avenue, feels equipment should be left where it is. He also stated his concern with Rick Rosen being on the Commission and discussing this issue, which he felt was a conflict of interest. He suggested that Commissioner Rosen remove himself from the voting process. 10. Carl Nelson, 18625 26th Avenue, stated that the only solution to the problem is to move the equipment to a central location in the park. 11. Elliot Kjos, 2720 Zircon Lane, lives on the northwest end of the park, and he recommends moving equipment to an area which would be an equal distance from all homes. He also suggested the removal of the shelter building, as it attracts teenagers who throw rocks on the tin roof, which creates a lot of night disturbances and noise. He also questioned the planter at the entrance to the park and wondered who was to maintain it. He indicated that it is full of weeds and looks very unsightly. 12. Dan Barnard, 2210 Xanthus Lane, bikes to the park frequently and enjoys it very much. He feels equipment should be left where it is for now to see if situation changes with time. He also indicated his concern with Commissioner Rosen being involved in any decision-making process regarding this issue. Minutes of the June 12, 1986 PRAC Meeting Page 18 Z.'- lob 13. Jim Jestus, 18805 27th Avenue, stated that his backyard is on the park, but he has not heard any noise at night from teenagers. He worries that if equipment is moved to an area near the hill, it might not be visible by the parents. 14. Karen Peters, 19020 26th Avenue, lives one block west of the park. She favors moving the equipment down closer to the farm land. She indicated that she has visited in the Rosen and Carlson homes on numerous occasions and that the noise coming into these homes is unbearable. She also stated she is aware that teens throw rocks on the top of the shelter building which is very noisy, since it has a tin roof. She favors replacing the pea gravel with sand and suggests better patrol of the park at night. 15. Linda Rosen, 18715 27th Avenue, indicated that she met with a rep- resentative of the pollution control agency in April. The PCA stated that the ideal situation would be to have the equipment lower than the homes, but in this case, the equipment is higher. The PCA also felt that the equipment is too close to the three homes in the corner, and that these three homes are providing a buffer for the rest of the neighborhood. Mrs. Rosen favors moving all of the equipment to an area southwest of the ballfield. 16. Jean Carlson, 18705 27th Avenue, stated that she did not think the Park and Recreation Advisory Commission listened to the residents during the earlier planning stages of this play equipment. She recommends its total relocation to the south central portion of the park. She also suggests removing the picnic shelter and replacing all rocks with sand. 17. Fred Retzloff spoke a second time and said that after hearing all the comments made, he understood the problems to be noise, increased traffic, and insufficient patrolling of the park at night. He recommends that before any decisions be made, the opinion of the noise pollution control agency should be sought. 18. Carolyn Sternad spoke again, and her final recommendation was to plant trees in the corner where the play equipment is located to act as a screen for the residents living closest to the playground. 19. Jeff Grates stated again that the noise problem must be dealt with, and the equipment should be moved. 20. Dan Barnard spoke a second time and supported leaving the equipment alone, replacing the rock with sand to cut down on some of the noise, and that any study done by the pollution control agency should be monitored for some time before any decision is made. =- \ 0!0 Minutes of the June 12, 1986 PRAC Meeting Page 19 Following all the comments from the residents, Chair Edwards asked the commissioners for their input and ideas on solutions to the problems at Green Oaks. Carol Beach stated that once the Queensland and Imperial Hills parks are improved, some of thLy pressure will be taken off Green Oaks. Children who are now using Green Oaks will more than likely switch back to Imperial Hills or Queensland. Donald Anderson thinks that dissipation of noise should be PRAC's goal. Judy LaTour suggested the total removal of some of the equipment with relocation to an entirely different park. She feels that there is too much equipment for this size park. She also recommends planting trees in the corner where the toddler equipment is located to cut down on the noise. Donald Anderson feels that PRAC is not quite sure what to do to solve the problems at Green Oaks, how much equipment to move, or where to put the equipment. Judy LaTour stated that she supports removing the roof from the shelter building, and moving the larger play equipment. A motion was made by Carol Beach to table any action on Green Oaks until July in order to do further research on proposed locations. The motion died for lack of a second. Commissioner Reed recommended re -hiring Brauer and Associates for their opinion on relocation. He agrees that more information is necessary before any site is chosen. Rick Rosen reminded PRAC of Council's directive to make a recommendation that evening. A motion was made by Carol Beach and seconded by Donald Anderson recommending that staff research proposed locations for moving the play equipment and make a decision no later than August 15. The motion failed on a 1-4 vote, with Carol Beach voting aye, and Donald Anderson, John Reed, Barbara Edwards and Judy LaTour voting nay. Rick Rosen abstained. A MOTION WAS MADE BY JOHN REED AND SECONDED BY DONALD ANDERSON RECOMMENDING PARTIAL RELOCATION OF THE PLAY EQUIPMENT AS SOON AS POSSIBLE TO A LOCATION TO BE DETERMINED BY A PROFESSIONAL. HE FURTHER RECOMMENDED SEEKING THE OPINION OF BRAUER AND ASSOCIATES TO HELP DETERMINE THE BEST LOCATION. The motion carried with four ayes. Carol Beach voted nay and Rick Rosen abstained. A MOTION WAS MADE BY DONALD ANDERSON AND SECONDED BY JUDY LATOUR TO TOTALLY REMOVE THE PICNIC SHELTER FROM GREEN OAKS PARK. The motion carried with a 3-2 vote. Barbara Edwards and John Reed voted nay. Rick Rosen abstained. Carol Beach asked staff to get a cost estimate on removing the shelter and suggested that replacing the roof with something other than tin may solve the noise problem. Minutes of the June 12, 1986 PRAC Meeting Page 20 M.- yob b. Parkers Lake Park Update. Construction should begin within the next two weeks. The bid was awarded to Matt Bullock Constracting Co. in the amount of $459,000. c. Zachary Playfield Update. Because the bid for Parkers Lake was higher than anticipated, Director Blank decided to eliminate the picnic shelter from Phase I construction in order to reduce the cost. He also decided to use funds proposed for the Zachary Playfield landscaping for Parkers Lake instead. The Zachary landscaping will be moved to the 1987 CIP. d. 1987 LAWCON Grant. Our 1987 LAWCON grant has been submitted for Phase II of Parkers Lake City Park. e. 1987-91 CIP. Director Blank indicated that he had received a letter from residents regarding improvements for Lions Park. John Reed stated that he was a member of the Lions Club and that they have $500 to donate toward the purchase of some equipment such as a climbing structure and sand diggers. He also stated they were willing to provide some labor. Director Blank indicated that no allowances have been made for funding improvements at Lions Park. Barbara Edwards asked if funds set aside for Rolling Hills or County Road 61 parks would be used for Lions if it's decided to go ahead with improvements there? Director Blank responded that $100,000 has been set aside for Rolling Hills, Amhurst and County Road 61 parks and that it would probably be okay to spend an additional $12,000 on Lions. Director Blank also stated that the City has received a lot of pressure to install a trail along County Road 15, which will cost approximately $138,000. If the Council chooses to proceed with this construction this year, it will affect the 1987 CIP. Rick Rosen asked if there was an inventory of what's in each of our parks, which ones need updating and when they were last improved. Director Blank said that he would prepare such a list and provide copies for all commissioners. 6. NEW BUSINESS a. New Plats. None. b. Bass Lake Dock. This DNR approved dock has been ordered, and once it is installed, it will remain in the lake year round. c. Plymouth Creek Park Planning. Pond dredging within Plymouth Creek Park is in the 1986 CIP. A concept plan was prepared for this park a few years ago, but has never been formally approved. Copies of the plan will be made available to each commissioner for review. 7. COMMISSION PRESENTATION Carol Beach informed the commissioners that she had purchased a quilt for Ruth Brown's baby, and she let each know how much they owed her for that gift. 8. STAFF COMMUNICATION Director Blank announced that Ruth gave birth to a son (11 lbs. 8 oz.) on May 14. 9. Adjourn The meeting adjourned at 11:00 p.m. association of metropolitan murncipalities June, 1986 183 University Ave. East, St. Paul, Minn. 55101 NO. 26 AMM Annual Meeting - 1986 This, the twelfth Annual Member- ship meeting of the Association of Metropolitan Municipalities was by any standard, a very unique and exciting event. Held on the Jonathan Padelford, while cruising the Missis- sippi River, the business portion of the annual meeting attended by some 140 officials and guests representing 40 member cities was brief and to the point. Retiring boardmembers were honored and presented with Certifi- cates of Appreciation. They were Ron Backes, St. Louis Park Council - member and AMM Past President; Sharon Sayles Belton, Minneapolis Councilmember; Jim Miller, Minne- tonka City Manager and current LMC President; Pat Hoyt Neils, former Plymouth Councilmember; and Bob Sundland, St. Anthony Mayor. The nominating committee report was presented by Inver Grove Heights Mayor Bill Saed and the new officers unanimously elected (story on page 2). President Scheibel, whose creative idea it was in selecting the meeting location, addressed the delegates about the happenings and highlights of the past year for the AMM. He stated, "We have had some legislative successes, most notably with regard to local government aid and the metropolitan agencies reform bill." "During the course of the year, I have observed the potency that is generated when a spectrum of people sharing common interests—if not always common opinions—work to- gether. We have confronted issues ranging from airport noise to econ- omic development to housing to local authority, and what has emerged has been, I think, visions grounded in practicality." He continued by adding, "The As- sociation of Metropolitan Municipa- President Jim Scheibe[—Addressing Delegates lities has an important role to play. Being part of local government is particularly exhiliarating because it is government to which people have direct access. We see and feel the problems of people every day. We are in the position to be most chal- lenged and most rewarded by seeing direct results. The consortium of perspectives and the shared thinking that is facilitated through the Associ- ation of Metropolitan Municipalities is critical to our growth as govern- mental professionals." President Scheibel concluded with, "My experience affirms the convic- tion I have long held, that the Twin Cities metropolitan area has an un- usual resource in the quality of people who chose to involve them- selves in government, whether in elective or staff capacity. To those with whom I have worked this year, thank you for your competent, crea- tive and innovative approaches to our metropolitan agenda. Thank you, too, for the care with which you have worked to shape the future of our metro area." As his last official presidential act, Jim Scheibel congratulated incoming President Bob Thistle and relin- quished the gavel as well as the meeting. In his first act as AMM President, Mr. Thistle presented Jim Scheibel with a plaque containing the Athenian Oath and warmly con- gratulated him for his excellent and creative service to the AMM. After a few brief remarks by Presi- dent Thistle, the essence of which is found in the President's Corner else- where in this newsletter, the meeting was officially ended. The delegates then enjoyed the remainder of the cruise topside under the stars, enjoy- ing refreshments and the music of the Misssissippi Minstrels Dixieland Band. AMM Officers Elected for 1986-87 Bob Thistle Neil Peterson President Robert Thistle, Coon Rapids City Manager, was elected President of the Association of Metropolitan Muni- cipalities for the 1986-87 year at the Annual Meeting held May 21, 1986. Chosen for Vice -President was Bloom- ington Councilmember Neil Peter- son. Also elected were nine Board Directors. Bob Thistle, elected to the AMM Board of Directors in May of 1980, has been actively working with the League of Minnesota Cities, City Managers Association, LOGIS, and the AMM Board and committees since his arrival in Minnesota in July of 1979 as the City Manager for Coon Rapids. Bob was born and raised in Detroit, Michigan and earned his undergraduate degree from Wayne State University. He began his career in public service in the City of Fenton, Michigan, where he was Administrative Assistant to the City Manager. Later he became Deputy Director of Genesee County Model Cities Program and later Director of that program. Bob joined the City Manager staff in Flint, Michi- gan, as Budget Director in 1972. In 1974, he became Deputy City Manag- er for budget administration for the City of Flint. In 1976, he moved to Sioux City as Deputy City Manager for Community Development and in late 1978 became Acting City Manag- er of that community for six months. Wherever Mr. Thistle has lived and worked he has taken a very active role in his community. In Flint, he served on the United Way Executive Board and was on Boards of Directors for Volunteer Centers and Poverty Agencies in both Michigan and Iowa. Vice -President He represented Flint in the Metro- politan Alliance of Municipalities and served on a Governor's Task Force in Iowa to review state efforts to assist municipalities. Bob has served on the AMM and LMC Revenue Com- mittees for many years. He is Chair- man of the LMC Local Government Aid Technical Committee and past Chairman oftheAMM RevenueCom- mittee. He serves on the LOG IS Exec- utive Committee and through his Board tenure has represented the AMM on various ad hoc committees and Task Forces dealing with Metro- politan Issues. As AMM President for the next year, Bob will also serve on the Executive Committee and continue his active role on the Revenue Committee. Neil W. Peterson began serving as a Bloomington City Councilman in 1978, having been re-elected three terms. He also serves as Commis- sioner on the Bloomington Housing and Redevelopment Authority, the Bloomington Convention Bureau, Bloom- ington Fine Arts Board, and liaison to the Bloomington Human Rights Commission and various other com- missions and task force groups. He was elected to the AMM Board in May of 1983 and serves on the Re- venue Committee, Metropolitan Sig- nificance Task Force, and By -Laws Committee. Neil has spent the majority of his professional career in the financial community, primarily in commercial banking. Born in Broken Bow, Ne- braska, Neil graduated from Hastings College, Nebraska with a B.A. in Economics and attended the Stonier Graduate School of Banking at Rut- gers University, as well as many banking and professional seminars, which included the Senior Bank Man- agement Seminar at Harvard Univer- sity. Neil served the Norwest Banks in various capacities in Iowa and Minnesota with primary emphasis in the area of commercial lending and loan administration. Hespenttime in equipment leasing and his last assign- ment was as a Senior Lending Officer in one of their major metropolitan affiliates. In 1980, Peterson resigned his position at Norwest Bank and started anew export trading company that specialized in agriculture pro- ducts, primarily registered Holstein dairy cattle, to markets in Asia and the Middle East. As an entrepreneur and originator of this unique agricul- ture export specialty, the Minnea- polis/St. Paul International Airport continues to be recognized as one of the most active airports for the ex- portation of cattle and Neil continues to function in a limited administrative capacity in those activities. His cattle exportation business, however, was not exempt from the depression that has plagued all agriculture and agri- culture exporting industries. Hethere- fore rejoined the financial community in 1985 as a Vice President with the consulting firm of Evensen Dodge, Inc., an independent financial consul- tantto municipalities, state, and local governments. Nine officials were elected to serve on the Board of Directors, eight for two-year terms and one for a one- year term. They are. TWO-YEAR TERM Mark Bernhardson, Orono Administrator Nancy Enright, Lakeville Councilmember Walt Fehst, Robbinsdaie City Manager Ed Fitzpatrick, Fridley Councilmember Kevin Frazell, Mendota Heights Administrator Carol Johnson, Minneapolis Councilmember Jim Lacina, Woodbury Administrator Gerald Marshall, Brooklyn Park Councilmember ONE-YEAR TERM Larry Bakken, Golden Valley Councilmember CURRENT BOARD MEMBERS Mentor'Duke' Addicks, Minneapolis Legislative Liaison Gary Bastian, Maplewood Councilmember Robert Benke, New Brighton Mayor Eldon Reinke, Shakopee Mayor William Saed, Inver Grove Heights Mayor Leslie Turner, Edina Councilmember Maureen Warren, St. Paul Legislative Liaison Jim Scheibel, St. Paul Councilmember and AMM Past President President's Corner by Bob Thistle It is with pleasure that I assume the role as President of the AMM for 1986. 1 thank each of you for the trust and honor you have given to me by electing me your President. With your help and support, the Board, staff and I can make the challenge of the next year an opportunity for success. The AMM is a unique organization for a major metropolitan area. It provides a forum for communities of great diversity and special separation to meet, discuss and come to consen- sus on issues that affect them mutu- ally. The AMM is also well respected by the bodies it seeks to influence. The State Legislature, the Metropolitan Council and other metropolitan agen- cies are often seeking our counsel and views regarding proposals, ideas, and legislation. These are relation- ships which we must foster and en- hance. 1986-1987 will not be a year for the meek of heart. It would appear that the next legislative session could well be a watershed year for the funding relationships of local govern- ment and State of Minnesota. The issue was succinctly stated in the summary of the 1986 Economic Re- port to the Governor of the State of Minnesota. The summary stated: From 1967 to 1979 Minnesota has pursued a policy of local tax displacement which will be all but impossible to continue throughout the balance of the 1980's and into the 1990's. Permanent structural changes to the state income tax will force a re-evaluation of the proper mix of all tax revenue sources and the proper role of intergovernmental transfer statements. Nothing short of a comprehensive review of all tax sources and their relationships to spending needs at both state and local levels will put the state on a long-term path of tax equity, interstate competitiveness and stability. Such a comprehensive review must recognize the changed economic environment and be based on a set of specific and long term goals. Our task will be to see that the municipalities that we represent are treated fairly and equitably through this transition. The major AMM focus for 1986-87 includes: • Being prepared to address pro- posed changes in the state tax distribution programs by 1) Clear- ly identifying our goals and objec- tives, 2) Maximizing the use of our resources, both political and ad- ministrative to achieve the goals and obJectives established by the AMM membership, and 3) Develop- ing strategies for achieving these goals and objectives. • Be prepared to pursue other goals and objectives the organization has established by its membership related to state legaislation and/or metropolitan agency policies. • Continuing our efforts to expand our municipal membership. • Establish working relationships with other groups representing communities such as the outstate coalition, unions, special metro interest groups, etc. It is perhaps basic, but if we are clear in our objectives, we have the resources within our organization to achieve those objectives. The oppor- tunities for 1986-87 are abundant. Our task is to identify them and to make them ours. The AMM would like to thank Miller - Schroeder Financial, Inc. and North- western Bell Telephone Company for defraying a portion of the costs for the Annual Meeting on the Jona- than Padelford. Policy Committees to Resume for 1987 The AMM Policy Committees will resume meeting late this summer to begin development of new policy or changes to current policy for the 1987 legislative session. Any member from any city may and is encouraged to volunteer to serve on a committee. If you are not now part of a committee but would like to become a member of any committee, contact Carol, Vern, or Roger at the AMM office at 227-5600. Fiscal Disparities The AMM Revenue Committee has and is continuing to meet regularly throughout the summer attempting to hammer out Policy standards on the more controversial issues. The committee has already heard from Rep. Bill Schreiber and Charles Weaver, original author of Fiscal Dis- parities. There are 40 officials on the Revenue committee representing most of the significant contributor and gainer cities as well as many in- betweens. They, as well as the Board of Directors, are committed to the AMM airing the issues thoroughly and doing everything possible to arrive at some major policy decisions that are supportable by a large major- ity of cities for the 1987 legislative session. .Lob-�...., 1 AMM Board of Directors Ed Fitzpatrick Ed Fitzpatrick is serving his fourth three-year term on the Fridley City Council. From the beginning he has served as Fridley's representative to the Association of Metropolitan Muni- cipalities and the League of Minne- sota Cities. In May 1985 Ed was elected to the Board of Directors of the AMM. Before his service on the City Coun- cil, Mr. Fitzpatrick served five years as chairman of Fridley's Parks and Recreation Commission followed by two years as chairman of the Planning Commission. All together, Ed has served almost twenty years in signi- ficant positions in Fridley city govern- ment. Ed has bachelor's and master's degrees from the University of Min- nesota and was a Minneapolis Public Schools English teacher for thirty years, serving schools in Northeast Minneapolis. At the time of his recent retirement he was teaching at Edison High School. In June of 1985 Mr. Fitzpatrick was presented a plaque in recognition of ten years' service on the District 13 (Fridley and Columbia Heights) Com- munity Education Advisory Council. During Councilman Fitzpatrick's tenure on the Fridley City Council the park and recreation programs have expanded with the addition of Springbrook Nature Center and Frid- ley Community Park, an outdoor recreation facility with six lighted ball fields. Mr. Fitzpatrick has been a constant advocate of City participa- tion in Community Education, fund- ing for human services organizations, and programs for senior citizens. He has supported redevelopment efforts in the City ranging from low income housing to office buildings and indus- trial parks. Ed and his wife Charlotte have four sons, the youngest of whom is attending the University of Minne- sota. Gerald Marshall Wn Jerry Marshall, an eleven year veter- an of the Brooklyn Park City Council, is in his sixth two-year term. He currently serves as Mayor Pro -tem and council liaison to the Housing and Redevelopment Authority Board. Over the past years he has acted as Council Representative to the Plann- ing, Park and Recreation, and Econ- omic Development Commissions as well as the Northwest Human Servic- es Council, H.R.A. Housing Grant Board, Police Civil Service Com- mission, Charter Commission, and numerous special committees. Jerry recently worked to establish the City Community Center, relocate the Arm- ory, and establish executive housing along with a championship golf course for Brooklyn Park. He is Past President and a charter member of the Brooklyn Park Jaycees and has been active in coaching and umpiring youth sports throughout the past 24 years. Jerry has B.S. and B.A. degrees from the University of North Dakota and is employed by First Brokerage Company food brokers in Minne- tonka where he has been Vice Presi- dent and Sales Manager for 14 years. He and wife Audrey have two teenage children—one girl and one boy. Be- sides his interest in and enjoyment of sporting events, he is an active softball player, hockey enthusiast, and accomplished accordian player, often entertaining at neighborhood and family events. For the past several years, Jerry has been his city's official represen- tative to the League of Minnesota Cities and the AMM. He has been an active participant, most recently serv- ing on the AMM Housing policy committee. Jerry was appointed to =—k the AMM Board of Directors in Febru- ary 1986 by the Board and elected to a full two-year term by the member- ship at this year's Annual Meeting. Duke Addicks Mentor C. "Duke" Addicks, Jr. joined the City of Minneapolis as its legislative liaison in September of 1984. Prior to that he was in private law practice in Minneapolis where he represented several associations and cities before the legislature and served as attorney for some smaller cities, charter commissions and joint powers organizations. From October of 1973 to August of 1984 he was the legislative counsel for the League of Minnesota Cities where he authored the Handbook for Minnesota Cities. Before that, beginning in April of 1970, he was the staff attorney for the Association of Minnesota Coun- ties. He has represented local govern- ments before the legislature for the past sixteen years. Duke was elected to the AMM Board of Directors in May 1985 and serves on the AMM Revenue Com- mittee. He also currently serves as a member of the panel of commercial arbitrators of the American Arbitra- tion Association. Born in Minneapolis, and a lifelong Twin Citian, Duke received his under- graduate and law degrees from the University of Minnesota and also earned a M.A. degree in the cross- cultural study of myth and religion from the United Theological Semi- nary of the Twin Cities. A professional storyteller, Addicks gives his popular Stories in the Stars programs frequently at the Science Museum of Minnesota, throughout the Minnesota State Parks and at planetariums, colleges, schools, li- braries, campfires and banquets. He is married to former LMC legis- lative counsel, Peggy Flicker. They live in St. Paul with their four children, including an infant son. CDBG: A shining past — a clouded by Bill McCarthy From Eastport, Maine to Long Beach, California, from Duluth, Minnesota to Brownsville, Texas, and in thousands of communities in between, one program of federal government assistance has made a world of difference in how downtowns, residential neighborhoods and local economies look today. The program? The Community Devel- opment Block Grant program, known far and wide in cities as "CDBG". A BRIEF HISTORY Authorized in 1974, during the admin- istration of President Gerald R. Ford, the CDBG program replaced a number of Individual or "categorical" federal assis- tance programs to cities, the Model Cities Program and Urban Renewal among the major ones. In consolidating these pro- grams into a single block grant program, the U.S. Department of Housing and Ur- ban Development (HUD) sought to focus federal aid to cities more coherently. Perhaps the single biggest change to result from the creation of the block grant program was that cities themselves were given the role of determining, within guidelines, what local priorities would be and, thus, how federal funds would ulti- mately be spent. Pursuant to an application process de- veloped by HUD—one which mandated public hearings to elicit neighborhood input—local communities generate pro- posals for spending CDBG money on a variety of eligible projects. HUD funding is provided to metropol- itan areas and urban counties (pop. 50,000 and above) on an entitlement ba- sis, with individual allocations deter- mined by a formula of poverty, popula- tion, overcrowded housing, growth lag and age of housing stock factors. Seventy percent of CDBG funds are currently dis- tributed among entitlement areas. For small cities, CDBG was distributed, until 1983, on a competitive basis, utiliz- ing the remaining thirty percent of the total block grant. Prior to that year, the "Small Cities" Program was adminis- tered directly by HUD. With the adoption of enabling legisla- tion, 47 states elected to administer their own Small Cities program, employing state -adopted selection systems and pri- orities (HUD continues to administer the Small Cities CD programs in Hawaii, Maryland and New York). ELIGIBLE ACITVITMS VIVDER CDBG A major reason for the widespread success of the Community Development Block Grant is the range and diversity of activities which cities can undertake. Eli- gible activities include: 5 Construction of public facilities S Various types of housing rehabilita- tion b Land acquisition ! Site clearance B Provision of public services 5 Completion of categorical grant pro= grams I Economic development activities In planning for and utilizing CDBG funds, grant recipients must ensure that "no less than 51 percent of the funds must be used for activities which benefit low -and moderate -income persons, over a period specified by the grantee, but not to exceed three years." While disputes have Surfaced in some communities over this "principal bene- fit" rule, particularly with respect to cer- tain public facilities and economic devel- opment projects, overall the CDBG program claims that 87 percent of funds benefit low -and moderate -income per- sons (according to grantees reports). Mtmttoring of the' ways in-ohit'R CDBG entitlement communities have al- located funds has shown increasingly larger spending in two activity catego- ries: housing rehabilitation, totalling 36 percent of funds, and economic develop- ment, totalling 13 percent. Economic development projects have increased sig- nificantly in recent program year;, in part due to cutbacks and terminations of other sources of government assistance. Public facilities construction and site clearance activities, on the other hand, are declin- ing as local activity priorities. A LEGACY OF LOCAL SUCCESS Since its beginnings In 1974, the Com- munity Development Block Grants Pro- gram has achieved widespread success throughout the nation. Cities of all sizes, in all regions of the country, and with different types of needs and problems, have utilized CDBG funds to improve neighborhoods, downtowns and the overall quality of community life. WhaTfollows are capsulized summar- ies of some local accomplishments in- volving CDBG funds: Long Beach, California With trends in suburbanization caus- ing deterioration of its downtown econ- omy, the City of Long Beach sought -to counter the trends by constructing a large, suburban -type shopping mall in the heart of its central business district. Using $5.1 million in CDBG funds for land acquisition and payment of reloca- tion costs, in conjunction with a public bond issue and private development fi- nancing, the Long Beach Plaza became a $145.7 million project. Opened in 1982, the Plaza itself provides 1,200 jobs and has saved another 600, while generating $600,000 a year in tax revenues. The spinoff effects of this venture have been dramatic. In less than five years, private investment equaling $1.2 billion and generating 6,000 new jobs has taken place. And the Long Beach CD Depart- ment is currently at work on related downtown development projects total- ling nearly $2 billion, including more than 1,500 residential units for moderate - income households. It is interesting to note that the eco- non,dc revitalization of Long Beach was cited by President Reagan himself, in a -11speiW before the National League of Cities membership at the 1984 Congres- sional -City Conference, as an example of public and private resources working to- gether successfully. it White Plains, New York Improvement of this city's housing stock has been a major priority of its local officials since the late 1970'x. By 1984, 1,378 units of housing had been rehabili- tated and another 102 traits newly con- structed through the efforts of the White Plains Neighborhood Rehabilitation Project. The key to White Plains' success has been its ability to generate financing from a local lending institution. This was ac- complished with the deposit of $1.3 mil - ban in CDBG funds under regulations for a Lump Sum Drawdown, with about $90,000 a year accruing in interest. With the city responsible for pre-screening and preparation of loan applications, the bank agreed to financing arrangements for both single-family and multiple -fam- ily loans. The result of the program, which also involved rehab assistance by the city and no tax reassessments after completion of work, has been a 5 to I ratio of private dollars ($10.5 million) to public invest- ment ($2 million) with participation lev- els in some of targeted neighborhoods reaching 40 percent. li Birmingham, Alabama Commercial revitalization, as a core element of , overall neighborhood im- provement, has been a priority in North Birmingham since the mid -70's. Dilapi- dated and vacant storefronts, in a com- mercial area too large for the changing needs of the neighborhood economy, be- came the target of Birmingham's plan- ners. Concentrating on a six -block area, future MOUSING AND COMMUNITY DEVELOPMENT (BUDGET AUTHORITY, M M MI)ONS) 29,191 eDA w —UDAD 400 2s,txw 20.000 1,129 -aoA 266 ASSISTED UDAO aro 10.000 HOUSING 23,762 AsslsrEo a,9�DD MOUSING 3297 RDA 0 S."s UDAD 0 9 17 HOUSING K79 1964 /647 ►ropowd "no less than 51 percent of the funds must be used for activities which benefit low -and moderate -income persons, over a period specified by the grantee, but not to exceed three years." While disputes have Surfaced in some communities over this "principal bene- fit" rule, particularly with respect to cer- tain public facilities and economic devel- opment projects, overall the CDBG program claims that 87 percent of funds benefit low -and moderate -income per- sons (according to grantees reports). Mtmttoring of the' ways in-ohit'R CDBG entitlement communities have al- located funds has shown increasingly larger spending in two activity catego- ries: housing rehabilitation, totalling 36 percent of funds, and economic develop- ment, totalling 13 percent. Economic development projects have increased sig- nificantly in recent program year;, in part due to cutbacks and terminations of other sources of government assistance. Public facilities construction and site clearance activities, on the other hand, are declin- ing as local activity priorities. A LEGACY OF LOCAL SUCCESS Since its beginnings In 1974, the Com- munity Development Block Grants Pro- gram has achieved widespread success throughout the nation. Cities of all sizes, in all regions of the country, and with different types of needs and problems, have utilized CDBG funds to improve neighborhoods, downtowns and the overall quality of community life. WhaTfollows are capsulized summar- ies of some local accomplishments in- volving CDBG funds: Long Beach, California With trends in suburbanization caus- ing deterioration of its downtown econ- omy, the City of Long Beach sought -to counter the trends by constructing a large, suburban -type shopping mall in the heart of its central business district. Using $5.1 million in CDBG funds for land acquisition and payment of reloca- tion costs, in conjunction with a public bond issue and private development fi- nancing, the Long Beach Plaza became a $145.7 million project. Opened in 1982, the Plaza itself provides 1,200 jobs and has saved another 600, while generating $600,000 a year in tax revenues. The spinoff effects of this venture have been dramatic. In less than five years, private investment equaling $1.2 billion and generating 6,000 new jobs has taken place. And the Long Beach CD Depart- ment is currently at work on related downtown development projects total- ling nearly $2 billion, including more than 1,500 residential units for moderate - income households. It is interesting to note that the eco- non,dc revitalization of Long Beach was cited by President Reagan himself, in a -11speiW before the National League of Cities membership at the 1984 Congres- sional -City Conference, as an example of public and private resources working to- gether successfully. it White Plains, New York Improvement of this city's housing stock has been a major priority of its local officials since the late 1970'x. By 1984, 1,378 units of housing had been rehabili- tated and another 102 traits newly con- structed through the efforts of the White Plains Neighborhood Rehabilitation Project. The key to White Plains' success has been its ability to generate financing from a local lending institution. This was ac- complished with the deposit of $1.3 mil - ban in CDBG funds under regulations for a Lump Sum Drawdown, with about $90,000 a year accruing in interest. With the city responsible for pre-screening and preparation of loan applications, the bank agreed to financing arrangements for both single-family and multiple -fam- ily loans. The result of the program, which also involved rehab assistance by the city and no tax reassessments after completion of work, has been a 5 to I ratio of private dollars ($10.5 million) to public invest- ment ($2 million) with participation lev- els in some of targeted neighborhoods reaching 40 percent. li Birmingham, Alabama Commercial revitalization, as a core element of , overall neighborhood im- provement, has been a priority in North Birmingham since the mid -70's. Dilapi- dated and vacant storefronts, in a com- mercial area too large for the changing needs of the neighborhood economy, be- came the target of Birmingham's plan- ners. Concentrating on a six -block area, Nation's Cities Vkek)y February 24, 1986 the city utilized $2.5 million in CDBG funds and another $2.5 million in other public funds to acquire properties, dear land sites, develop a new supermarket, a new police precinct in a rehabbed build- ing, a medical clinic, a 125 -unit Section 8 apartment complex and new and rehabil- itated stonefronts. Along with improvements in public amenities, this commercial area develop- ment has generated the new construction of six other buildings and improvements in 40 others. In all, the $5 million in public funds have generated $9 million in private investment, with increased employment and local tax revenues and reduced crime the ultimate payoffs The Neighborhood Commercial Re- vitalization program is now being ex- panded into five other neighborhoods. 5 Omaha, Nebraska Assisting 28 low -and moderate -in- come families to become homeowners in Omaha, Nebraska has been the achieve- ment, thus far, of the city's Urban Home- stead Program. CDBG funds have been the primary ingredient in the success of the Program, with $432,000 invested in acquisition and rehabilitation of previ- ously vacant properties. CD funds have provided low-interest loans for necessary move -in repairs, while the homesteaders provide other sources of funds to com- plete additional repairs over a three-year period. In additon to conserving some of Oma- ha's private housing stock and providing homeownership opportunities for low - and moderate -income families, the Ur- ban Homestead Program has also placed 28 parcels of real estate back on the city's tax rolls. $ Priest River, Idaho The infusion of CDBG funds into small communities can often mean the differ- ence between economic life and death. Amidst the decline of the timber industry in Idaho, the community of Priest River undertook to attract a high-tech em- ployer back in 1979. Having acquired a site and having located a prospective computer component manufacturer, the problem confronting the local develop- ment corporation was how to finance improvements in the local water supply and a waste treatment plant to accomodate the companies needs. The solution to priest River's needs was a $342,000 CDBG grant from the state of Idaho for infrastructure develop- ment. The CD funds secured the deal with the company, which, in tum, in- vested $1.4 million to launch its facility. As a result of community initiative and a critical infusion of CDBG funds, Priest River's new employer will eventually supply 20 percent of the community's employment and much needed dollars in the form of local tax revenues. The list of local success stories involv- ing CDBG funds goes on and on. The five stories recounted here depict communi- ties of all types who have used the block grants for innovative and much-needed purposes. They also point to the critical role that CDBG money has played in leveraging and generating much larger amounts of funding from other sources, particularly private sources. The many payoffs, including employ - See p.7, co1.3 Chronology HOUSING 1918—Approval of federal government's fust housing program. 1937—Public housing originated. 1936 --Farmers Home Administration Act authorized to establish a program of grants and loans for the construction or reconstruction of farm dwellings. 1949—Housing Act proclaimed goal of providing decent housing for all citizens and to remove slum conditions. The Act created the Urban Redevelop- ment Program, which later changed into the urban renewal program; increased the funds available for public housing; and established new programs for rural housing. 1954—Act broadened the scope of urban redevelopment structures (Section 221(D)(2)) and required a "workable program" for solving overall development problems as a condition for receiving urban renewal and related federal assistance 1%1—Subsidized below market interest rate mortage insurance programs to assist rental housing for low to moderate income families (Section 234). 1964—Extended the subsidy treatment given for housing the elderly to fam- ilies displaced by urban renewal projects and authorized a new program of 20 - year, 3 percent loans to property owners or tenants in urban renewal areas (Section 312). 1%5—Provided utilization of privately -owned housing for families at the income level of those eligible for regular public housing. This Act included the rent supplement program, the privately -owned leasing of existing struc- tures and urban renewal capital grant funds to low-income owners (Section 702 and 703). 1966 Housing and Urban Development Act organized HUD; Demonstration Cities and Metropolitan Development Act authorized the program known as "Model Clues". 1%8—Housing and Urban Ad enlarged the authorization of the rent supple- ment and the model cities programs, a housing program for low-income families and a major new program to help the poor buy their own homes and rent apartments (Section 235). 1972—Rural Development Act authorized to assist In the alleviation of hous- ing problems of low-income famllies in rural areas. 1974—Housing and Community Development Act included a new "Section 8" housing assistance program replacing the former "Section 23 leasing program" and consolidated several programs Into the Community Development Block Grant (CDBG). CDBG from p.4 went opportunities, quality housing, lo- cal tax revenues and, perhaps most im- portant, enhanced quality of community life, would seem to augur well for CDBG's continuation and expansion. Such, however, is not the case. CDBG STATUS AND PROSPECTS Despite its many successes, the Com- munity Development Block Grants Pro- gram has been targeted for cuts and eventual termination since the Reagan Administration took office in 1981. For example, the CDBG appropriation for FY86 is $3.12 billion, a cut of 10 percent from the FY85 level of $3.472 billion. In his budget proposal for FY87, the President has proposed deferring an ad- ditional $500 million from the FY86 appropriation, redudng the total to $2.6 billion. This same amount (52.6 billion) is proposed for FY87. Interestingly, the appropriations levels suggested by the Reagan Administration for FY86 and FY87 are only slightly higher than the $2.4 billion level at which CDBG was funded in 1975. Yet, in 1986, there are 201 more entitlement grantees than there were in 1975. And despite this increase in entitle- ment grantees, the President proposes to reduce the entitlement portion of CDBG funds from 70 percent to 65 percent, and increasing the small cities share from 30 percent to 35 percent—although it also forces small cities into competition with each other as wekk as with larger cities. (This proposal results from the Adminis- tration's plan to eliminate the Farmers Home Administration, which has pro- vided aid to small communities and Waal areas in the past). Thus, despite its record of successes and contributions to communities across the country, the outlook for the Commu- nity Development Block Grants Program is one of reduced and more dispensed resources in the future. In addition, the program faces potential termination if it is not reauthorized beyond Sept. 30, 1986.0 'he federal housing policy is in disarray by Reggie Todd The administration's budget proposals for housing and community develop- ment programs in fiscal year 1987 should come as no surprise for those who have followed its proposals in this area since 1981. . Federal policy for housing and com- munity development is in disarray, the victim of repeated budgetary cuts since the Reagan administration came into of- fice. Although the trend of decline pre- dates the current administration, addi- tional units of assisted housing which totaled 600,000 in 1975 had been cut in half by 1980 and fell to less than 100,000 in fiscal year 1986. I If the administration's FY 1987 budget Proposals for assisted housing are adopted, only about one-third of 34,000 of the estimated 98,000 units appropri- ated by Congress for FY 1986 will be available to aid lower income house - �olds. Under the "administration's proposal, i4.4 billion of the $10.7 billion available st FY 1986 would be rescinded and $2.3 3rillion would be deferred until FY 1987. in addition, $428 million in FY 1986 -kousing funds will be cut on March 1, 1986 to comply with the 4.3 percent across-the-board cuts required under the iramm-Rudman-Hollings deficit reduc- ion law. r As a result, only $3.7 billion of the 110.7 billion appropriated for FY 1986 -would be available for housing assis- ance—a 66 percent cut. The major direct federal housing pro - for lower income households are dei meither through the Department Housing and Urban Development or, in small cities and rural areas, the Farmers Home Administra- (FmHA) of the U.S. Department of culture. However, the administra- 's budget proposals also call for ting FniHA rural housing pro - addition, almost three quarters of a m households in small towns and areas live in subsidized housing, arils with interest credits of the y far the largest federal housing sub - es, however, both in cost to the Trea- and in number of recipients, are provided to middle and upper in - e households through the tax code. 1981, budget authority for low in - e housing was $30 billion and the ted costs - of housing related tax ditures (through deductions or tax in the tax code) was $33.3 billion. administration's FY 1987 proposals uce that budget authority to zero, and "d would rely on $2.3 billion in eferred FY 1986 spending to fund 50,000 housing vouchers. Housing related tax expenditures are estimated at $45.6 billion for 1986 and in excess of that figure for 1987. Roughly 90 percent of the cost of the housing provisions of the tax code are accounted for by homeowner deduction of mortgage interest and property taxes and deferral or exclusion of capital gains on home sales. A sound housing policy -would treat adequate, affordable housing as a basic human need. HUD by one measure found that in 1981 there was 3.0 million seriously inadequate housing units and another 4.7 million units with significant deficiencies. By these measures, 9.3 per- cent of the housing stock is inadequate. However, the number -of substandard units is dwarfed by the number of house- holds paying more than they can afford for shelter. A total of 7.2 million owners and renters, 11.4 percent of all house- holds were paying more than half of their incomes for shelter (1980 Annual Hous- ing Survey conducted by HUD). In addition, fewer than one quarter of all renter households with income below $10,000 paid less than 25 percent of their income for rent, about half with incomes between $10,000 and $15,000 paid less than 25 percent and three quarters with incomes between $15,000 and $20,000 paid less than 25 percent. While the need for low income hous- ing is dear, the administration and Con- gressional response to this need has not been very focused. Congress has been unable to reach an agreement on an omnibus housing and community development authorization bill since 1980. An authorization was pushed through as part of the 1981 bud- get reconciliation legislation, but it was neither comprehensive nor well thought out. 'In 1983, 'the rZongress passed the Housing and Urban Rural Recovery Act, not because there was consensus on what our national housing policy should be, but because the House Banking Com- mittee Chairman held hostage an au- thorization bill for the International Monetary Fund (IMF) which the admin- istration badly wanted. In return for the IMF legislation, the president reluctantly signed the two-year housing authoriza- tion and 3 -year community development legislation. Unable again this year to reach agree- ment on a coherent federal housing pol- icy, Congress failed to reauthorize expir- ing assisted -housing programs. Although the House had included a scaled-down housing bill in the House passed budget reconciliation bill' (a backdoor_ effort to get action on the housing bill), tate Senate Banking Committee was unable to reach consensus to even report out a housing authorization bill. With the total breakdown of the FY 1986 reconciliation process, the only leg- islation to continue housing programs which expired on Sept 30, 1985; was through the HUD -Independent Agencies appropriation measure which was signed by the president on Nov. 25, 1985. The administration now is seeking to back out of that agreement through its proposals to defer and rescind virtually all of those already appropriated funds, which brings us to FY 1987 and the administration's singular answer to the . low income housing crisis—the use "of 50,000 housing vouchers. In FY 1987, the administration uwould end all production of subsidized homing . for low income families and make vouch- ers the nation's only housing program: See p.6 coLl Housing from p.3 The voucher program is similar to the Section 8 existing certificate program which has been in existence since 1975 and provides a rent subsidy for lower income families to help them afford de- cent housing in the private market. HUD makes up the difference between what a lower-income household can afford and the fair market rent for an adequate hous- ing unit. No eligible tenant need pay more than 30 percent of adjusted income toward rent. The administration has been attempt- ing to replace the Section 8 program with housing vouchers for three years, but has only been able to get the Congress to agree to a limited demonstration pro- gram in 1983. Congress appropriated funds for 36,000 vouchers in FY 1986. While the subsidy under the voucher program remains the difference between 30 percent of adjusted income and the payment standard (FMR), the rent actu- ally paid can be higher or lower than the FMR depending on what the tenant was able to negotiate. Rather than annual adjustments to the subsidy to compen- sate for normal rent increases, the youcher program only permits adjust- ments twice during a five year period. "Tenants and landlords under the voucher program are only assured of five years of funding for the voucher instead of 15 years under the Section 8 existing program—making the cost to the gov- ernment substantially less. While the administration, in arguing for vouchers, continues to assert that there is not a lack of available housing but a lack of affordable housing for lower income households, the voucher pro- gram clearly will not address many prob- lems affecting lower income renters. Vouchers will not work for very large families because insufficient multi -bed- room units exist; many single parents and minority households are discrimi- nated against by private landlords, and vouchers won't address the special needs of the physically and developmentally handicapped. In addition, a survey, "the Nation's Housing Needs" published by the U.S. Conference of Mayors in June, 1984, re- ported that the supply of housing avail- able to low and mderate income house- holds had decreased or remained the same over the last five years. The most frequently cited reason for a decreasing supply of housing was de- creased construction. The second reason most often cited was increased demand for higher income renters. These findings suggest that the combination of less rental housing construction, particularly the severe cutbacks in federally assisted new construction coupled with increased competition from higher income renters is squeezing the lower income renter out of the housing market. It seems likely that the malaise affect- ing the housing and community develop- ment programs will continue in the near future—until such time as the adminis- tration and Congress stop enacting ad hoc, back door approaches to addressing the nation's housing and community development and reassert a coherent and comprehensive federal policy in provid- ing housing assistance to those who are most in need and cannot obtain or retain safe, sanitary and affordable housing without such assistance.O 7 T -- \3 EHLERS AND ASSOCIATES, INC. FINANCIAL SPECIALISTS FIRST NATIONAL-SOO LINE CONCOURSE 507 MARQUETTE AVE. MINNEAPOLIS, MINNESOTA 55402 339-8291 (AREA CODE 612) VOLUME 32, NUMBER 3 FILE: Financial Specialists: Ehlers and Associates, Inc. Please distribute to governing body membgrs June, 1986 is , TAX REFORM On May 7 the Senate Finance Committee unanimously approved a sweeping tax refori bill which will likely be altered on the Senate floor before it will go to the Conference Committee. The bill's defeat is unlikely, due to the President's strong support, and will likely emerge in late summer or early fall. The bill excludes municipal bond interest earnings from income in calculating individual taxpayers' minimum tax. In fact, governmental purpose bonds by state and local governments have not been drastically affected which is substantially different from House Resolution 3838. H.R. 3838 provides a maximum tax rate of 38%, while the maximum rate is 27% in the Senate version. Currently the maximum rate is 50%. IMPLICATIONS FOR TAX-EXEMPT MARKET Investors are having difficulty pricing the impact of tax reform since both measures are so different. This confusion has slowed the demand for tax-exempt securities. However, the supply of tax -exempts coming to market has increased. Together these two factors have increased tax-exempt interest rates in recent weeks and made tax-exempt bonds especially attractive for individual investors when compared to U.S. Treasury Bond yields. In the 1970's the average 20 -year tax-exempt bond yields were 70% of the 20 -year U.S. Treasury Bond coupon rate. In the late 1970's the difference rose to around 85%, and by 1982 and 1983 it was 90 to 95%. During 1985 the difference dropped 80 to 85%. Currently municipal bonds trade very close to U.S. Treasury Bonds and recently have been 110% of Treasury yields. Overall, however, in absolute Lerms tax-exempt interest rates are lower than 1985 rates. QUALIFIED TAX-EXEMPT OBLIGATIONS To give your tax-exempt obligations an edge in marketing we recommend that you properly structure your bond issues so you can designate the bond issue as a "qualified tax exempt obligation." In order to qualify the bonds must be: 1) Issued in 1986, 1987 or 1988. 2) An "essential purpose bond". 3) Acquired by a bank located in the same state as the bond issuer. 4) Not exceeding a total of $10,000,000 in one year or issued to finance a project where the principal amount of bonds being issued for the same purpose does not exceed $ 3,000,000. H.R. 3838 provides that banks may deduct 100% of the interest earnings for federal income tax purposes on "qualified tax-exempt obligations." Currently banks can only deduct 80% of the interest earnings for federal income tax purposes. MUNICIPAL REBATE PROVISIONS INCLUDED IN TAX REFORM 'The Senate proposal includes arbitrage rebate provisions for similar municipal bond issues by a community if they exceed $5,000,000 within one year. This rebate provision applies to the construction account, sinking fund and debt reserve fund and is also included in the House version. Large issuers will be severely affected and should contact their Congressmen for support in modifying this proposal.; ROBERT EHLERS' REPORT ON COMPETITIVE BIDDING FOR THE LEASE PURCHASE OF PUBLIC BUILDINGS Recently Robert Ehlers, Founder & President Emeritus of Ehlers and Associates, completed a report detailing the advantages of a competitive sale for the lease/purchase financing of the Cass County Courthouse Annex in Fargo, North Dakota and a law enforcement center for Clay County in Moorhead, Minnesota. Many underwriters have said that lease/purchase agreements are too complicated to be bid competitively. Competitive bidding allowed both counties to free themselves from the constrictions and extra costs associated with privately negotiated bond sales. This report, by Robert Ehlers, provides helpful insights into the lease/purchase of many municipal facilities. A free copy is available upon request. Very truly yours, EHL S AND ASSOCIATES, INC. even F. AViPresident Director-S SUMMARY OF AREA BOND SALES Rinnesota I.S.D. 0161 (Brainard) 03/03/86 G.O. Tu Antic. Certs. of IMMt. 3,110 1987 5.89% 6.987 W feast take Bond G.O. Ieprwanent goods 565" 1988-/9% 6.45% 6.985 Baa -1 Ret Wye, G.O. Tu Antic. Carts. of IndMt. L -ideality Gate Type of Bonds Mount Raturitt Rate Inter Rat)m I- 1989-2002 6.515 6.981 A 01is"o County 03/06196 G.O. grant Anticipation Bonds Danterton 03/03/86 G.O. Street Ilproverent Bads 2N 1986-19% 9.105 6.985 W ORkerton 03/03/86 c.0. Wap --went Bonds 15011 1%7-19% 7.13% 6. g8% W Ron"la 03/03/86 G.O. Santer Ieprpvement Bonds 36511 1981-1996 6.%% 6.90% W 0 -ie 03/05/86 G.O. Bonds 525M 1987-1998 7.02% 6.98% W State board of Regents 03/13/86 law lborial Union Its- Bonds 9,000 1987-2009 6.16% 6.885 UM State of I - A Breckenridge 04/15/86 G.O. Refundinq Improvenent Bonds 420, 1987-2007 I.S.D. 13 (LIr) Dallas Center 03/16/86 G.O. Essential Corp, Pure, Bonds 9158 198 2004 7.79% 6.89% W Ramon 03/25/86 G.O. Bonds 4,250" 1%7-200i 6 W 7.34% A-1 Malt -Udell C.S.D 03/26/86 G.O. School Building Bonds 790M 1994-2W3 7.55% 7.34% W Color Rapids 04/01/86 G.O. Bonds 2,800 1987-1994 5.58% 7.21% Aaa Giadortok 04/02"6 G.O. Street I1lprovelent Bonds 33M 1988-1997 6.77% 7.21% W Eagle Grove 04/07/86 G.O. Bonds 300" 1%7-19% 6.49% 7.15% W El"rt 04/07/86 G.O. Corporate Purpose Bonds 11511 1908-2001 7.315 1.151 W lake "ills 04/08/86 Electric RevanlM Bads 550 19"8-20(10 1.325 1.15% A Ion city 04/15/96 Parting Syttea Rrvenue Nis 1.575" 1981_zW1 7.841 7.25% Baa -I WrthMwd 04/15/86 G.O. Cwporate Purpose Bads 25M 1%7-1999 6.89% 7.25% W Des Roines 04/21/86 G.O, laprove t Bads 11,265" 1988-2005 6.68% 7.16% Ata Webster city 04/21/86 S.D. Corporate Purpose Bads 575" 1%1-19% 6.22% 7.16% A Port Dodge 29 04//96 G.O. W'W:t Purpose Bads 950" 1%1_19% 5.19% 7.22% Aa Radford 04/29/86 G.O. laproveaent lu Bads 325"1%7-2001 School District Wltd. la, Bonds 7.20% 7.22% W Buffalo Center 04/30/96 G.O. Bonds 265" 1%7-19% 6.27% 7.22% W Rinnesota I.S.D. 0161 (Brainard) 03/03/86 G.O. Tu Antic. Certs. of IMMt. 3,110 1987 5.89% 6.987 W feast take 03/03/86 G.O. Ieprwanent goods 565" 1988-/9% 6.45% 6.985 Baa -1 I.S.D. 193 (Carlton) 03/04/86 G.O. Tu Antic. Carts. of IndMt. 325M 1987 5.%1 6.987 W Rosnount 03/04/86 G.O. 14nicilsaI Building Bads 1,300, 1989-2002 6.515 6.981 A 01is"o County 03/06196 G.O. grant Anticipation Bonds 30011 1988 5.551 6.gn A Richfield 03/10/66 G.G. Stone Seer Reveam Bonds 2,52511 1988-2007 6.505 6.891 Aa 1.5.0. 1601 (fosston) 03/11/86 G.O. Tu Antic. Carts. of LkMt. 39011 1%1 5.58% 6. on W I.S.D. /112 (Chaska) .03/13/16 g.0. Tu Antic. Certs. of IMMt. 1,25011 1987 5.52% 6.88% W I.S.D. /118 03/13/06 6.0. iu Antic. Carts. of IMMI. 3650 1987 5.31 6.981 W (P-tongvI Nle) 7.25% A Breckenridge 04/15/86 G.O. Refundinq Improvenent Bonds 420, 1987-2007 I.S.D. 13 (LIr) 03/17/86 C.O. Tu Antic. Carts. of Indebl. 38011 1987 5.47% 6.896 W I.S.D. 1861 ORnae) 03/11/86 C.O. iu Antic. Certs. of Ingo0t. 2,0901 1981 5.425 6.895 W Aawdale 03/)7/66 C.O. /apnwvaent Badx 6958 1991-19% 6.25% 6.845 W special Intereatliata 03/19/86 G.O. Tu Antic. Certs. of IngoDt. 1,6001 1907 5.91 6.895 0 SIDMite Bear Lee) 7.16% Baa -1 Metropolitan Transit 04/22/86 Is, Anticipation Certificates 17,600 1987 Ilona 03/25/86 G.O. Tea Increment gads 8101 198/-19% 6.64% 7.34% W I.S.D. 1162 (Bagley) 03/31/86 6.0. Tu Antic. Carts. of Webs. 45011 198/ 5.34% 7.21% W I.S.0. /126 04M /86 6.0. Tu Antic. Wt. of IngoDt. 3601 1987 5.23% 7.21% W (Clara city) 7.22% W (East Chain) I.S.O. K% (faritault) 04/07/86 C.O. Tea Antic. Cert. of IMMt. 1,99011 1981 5.21 7. in W I.S.O. 6831 04/07/86 G.O. Tu Antic. Cert. of Ingots. 2,095" 1987 5.32% 7.195 W ("pest Lake) 7.22% A .is -in Richland Center 03/06/96 G.O. Corporate Puryose Bonds 950, 1987-2000 1.5.0. /262 04/07/96 G.G. Tu Antic. Cert. of Indobt. 1,300 1987 5.10% 7.15% W (St. Anthony) 6.g91 A-1 Rndford School District 03/18/96 School District Wltd. la, Bonds 3,500, 19884006 eagle take 04/07/66 C.O. Iproreeant Bads 350 1988-1997 6.60L 7.15% W Wasted 04047/86 C.O. Dispoul Systell Bads 5258 1989-19% 6.40% 7.151 Baa Wasted 04/01/% G.O. G Anticipation Bonds 0 1,20988 1ant 5.53% 7.15% Baa gadiphl C-ty 04/08/86 C.O. Gant Antic. Refund. Bongo 650 1981 5.39% 7.1% A-1 Wrth Dakota Morthood Relic School 03/04/86 G.O. Refunding Bads 620 1987-1997 6.51 6.91% W District fb. 129 Bad Bi-P1701ic 06/16/86 G.O. School Wilding Bonds Rel Buyer 7.12% 11unicipalit Data type of Bonds Mann! KaWity Rate Inter Us— Grant Rarais 04/09/86 Gross Revenue Recrentiunal 31511 1967-1991 1.40% 7.15% W 1981 4.66% facility Bonds tight 6 Poor Revenue Notes I.S.D. 4347 (willm ) 04/00/86 G.0. la, Mlic. Cert. of IrdMt. 2,510 1901 5.151 1. IS1 W I.5.0. /255 U/10/96 G.O. lar Mt- Cert. of Indetl. 485, 1%1 5.111 1.151 MP. (vine Island) lbnticeno 04/14/86 Seam, Interceptor Is, Bonds I,050 1989-2002 6.725 7.25% A Breckenridge 04/15/86 G.O. Refundinq Improvenent Bonds 420, 1987-2007 6.115 1.25% Baa -1 Cold Spring 04/15/86 G.O. Ilryrovaent Bonds 6WA 1988-1%7 6.52% 7.25% Baa I.S.D a99 (Esko) 04/15/86 G.O. lar antic. Cert. of Indebt. 295. I967 5.221 7.25% W Borth St. NO 04/21/86 G.O. inprovelrent Bonds 825" 1987-2003 6.41% 7.16% A L- City 04/12/86 G.O. lw,o mot Bonds 495'. 1981-1996 6.201 7.16% Baa -1 Metropolitan Transit 04/22/86 Is, Anticipation Certificates 17,600 1987 4.35% 1.16% "I1;-1 Caaission W- County 04/22/86 G.O. Drainage Ditch -d, 310" 1986-1%7 6.19% 1.16% A I.S.O.1453 04/28/86 G.O. lar Antic. Carts. of IMM ,. 330" 17 % 5.191 7.22% W (East Chain) .demi ngo 04/28/86 G.O. Santer Bonds 285" 1988-2004 7.09% 7.22% W Wtchinson 04/29/86 G.O. lmprovement Bonds 1,015" 1988-1991 b.11% 7.22% A .is -in Richland Center 03/06/96 G.O. Corporate Puryose Bonds 950, 1987-2000 6. SBf 6.981 A "anitowc County W/18/% G.O. Corporate Purpose Bonds 3,115, 1988-2000 6.791 6.g91 A-1 Rndford School District 03/18/96 School District Wltd. la, Bonds 3,500, 19884006 7.26% 6.091 A Sheboygan County 03/18/96 G.O. Promissory Motes 5,!0011 19%-1%5 6.18% 6.891 Aa Dresser 03/21/86 G.O. S-1 Refunding Rev. Bonds 23M 1961-2001 1.88% 6.9% W Ment Berlin 03/25/% G.O. Promissory Wl- 1,325, 1981-1995 6.95% 7.34% A Green Bay 04/02/86 G.O. Promissory Moles 1,90011 1988-19% 6.68% 7.21% Aa/M Green Bay 04/02/96 G.O. Corporate Purpose Bads 3,R0 1991-2005 6.68% 7.21% Aa/AA "ilwukee County 04/08/86 G.O. Corporate Purpose Bonds 11,45011 7967-2001 6.63% 7.15% Aa/AA- South Rilwukee 04/10/86 G.O. Corp. Puryose Pro♦. Motes 1,/304 1991-19% 5.07% 7.15% A B7ackha. Y. Tech. 04,14/86 G.O. Pralissory Motes 4201 1987-1994 6.%% 1.M W 6 Adult Ed. Dist. Glendale 04/14/86 G.O. Praeiswr, Rotes 810, 1988-1995 S.6 IS 1.2R M Portage County 04/15/86 G.O. Premiss -y Wtes 2.055" 1987-1996 5.621 7.25% As W,1 Allis 04/15/86 G.O. Pr isso y Motes 1,500, 1987-1996 5.75% 7.251 A-1 Oshkosh 04/1//86 G.O. Corporate purpose Bonds 1,05011 1981-2000 5.995 7.251 A-1 Oshkosh 04/17/86 G.O. Promissory Rotes 1,3601 1987-19% 5.72% 1.25% A -I Allaxes 04/24/86 G.O. Promissory Motes 1,335, 1987-1996 6.11 1.16% W Janesville 04 /28/06 G.O. Corporate Purpose 6 2,985, 1987-19% 5.121 1.22% A promissory Rotes Wrth Dakota Morthood Relic School 03/04/86 G.O. Refunding Bads 620 1987-1997 6.51 6.91% W District fb. 129 Bi-P1701ic 06/16/86 G.O. School Wilding Bonds 9,800 19M M% 7.12% 1.25% A-1 School Dist. /1 RICH Ma attte Board of OU29/86 Electric Wilily System 4,10011 1981 4.66% 7.22% ARM tight 6 Poor Revenue Notes Community Improvement I have noticed a problem with: ./ or 31 Resident has noticed a problemwrit Street/Potholes Wa /?dg Brush/Weeds/Trees Fi ng (. cavh�ing j Drainage Duke- Cac'., Traffic/P=aring Violation Garage/ r s Traffic/Street Sign/SignaTErosl /pirt�C,e s Dead Animals in street BrokenUai�g�ipment_� Sign _ Streetlight ther O DescriptionLocation� • ! `_ 1 Your name \`,1�j Z t-}y,�_ Date l•P jd (o g(, Resident's Name Address Phone 141 a Community Improvement Reminder I have noticed a problem with: iii• �l Resident has noticed a problem with: Street/Potholes Watermain/Hydrant Brush/Weeds/Trees Filling/Excavating Drainage dunk Cars Traffic arking Violation Garbage/Demos Traffic/Street Sign/Signal- Erosion/Dirty greets Dead Animals in street Broken/Damaged Equipment Sign �; Streetlight Other Des a ip, i Location Your nam e Resident's Name Address C I',,, 4�1 Ir -1, ,, - _ _ _ Y Xeric I VXX�x Phon e n � � 2, " ) 4�1 Ir -1, ,, - _ _ _ Y Xeric I VXX�x CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: June 26, 1986 TO: Sherm Goldberg, City Engineer \ FROM: Frank Boyles, Assistant City Manager SUBJECT COMMUNITY IMPROVEMENT REMINDER CARD Attached is a copy of a Community Improvement Reminder Card submitted by Dave Crain on behalf of Ms. Lee Bean, 4675 Balsam Lane regarding extensive damage to curbs in the Deerwood Estates development. Would you please investigate this matter and provide me with a report of your findings. I would appreciate a response by Friday, June 27 so it may be included in the Council Information Memorandum. Thank you. FB : dma attach. cc: James G. Willis, City Manager S/F - 6/27/86 June 27,86 Frank: I inspected the area on Balsam Lane & 47th ave and could not see any curbing that was so bad that it would "stand out like a sore thumb" ! There are a few cracked curb sections but nothing that would require being removed and replaced, The curbing in that area does take a beating from the construction equipment but that is the "nature of the beast". There is one piece of curbing that needs to be replaced in front of the hydrant on Balsam Lane @ 47th due to a watermain break, This is scheuled to be replaced. Sherk1dberg June 26, 1986 Mr. Kirk Klopfleisch 15841 -27th Avenue No. Plymouth, MN 55447 Dear Mr. Klopfleisch: S f� CITY Or PLYMOUTR 4" .-\Sc�4.. Yesterday afternoon, City Councilmember Jerry Sisk stopped by my office and informed me that he had observed you picking up litter along Vicksburg Lane south of Highway 55. He frankly was at a loss for words to express his amazement that an individual would voluntarily, in this day and age, pick up litter along a public walkway. I, too, must confess that it is a rare sight today when a citizen voluntarily takes it upon himself to walk up and down a street and pick up litter left by other thoughtless individuals. That it does occur, is but a continuing testimonial to the sense of pride that people, such as yourself, have in their community. I wish hundreds more in our community would follow your own personal example! I want to thank you, not only for myself, but on behalf of the Mayor and Council for your selflessness in seeking to make Plymouth a more beautiful community. While I fully recognize that you're not motivated by the expectation of public thanks or acclaim, the fact is that such examples of citizenship need to be appropriately recognized. Thank you again for your care and commitment. Yours truly, ACi s G. Willis Manager JGW:Jm cc: Mayor & City Council 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 June 23, 1986 I N 26 ry4& Plymouth City Council Plymouth, Minnesota 55447 Dear Council Members: This letter is to bring to your attention the concerns of the Plymouth residents who will be affected by your decision to move the Green Oaks Park equipment to a central location in the park. Unfortunately, your decision will be moving the problem and not solving the problem. Moving the park equipment will bring new complaints and harassment of different residents. The equipment located in Green Oaks park is "too much" for the land mass. This is a small park, not Zachary Playfield, the equipment which existed before improvements was the "right" equipment for Green Oaks park. The following are my comments to the City Council: A. With the early spring and the new equipment in April and May I could hear the noise and see 50+ people in the park at various times of the day from early morning until late at night, but after the first few weeks of use, I feel there are very few people using the equipment and that usage lessens further as the summer gets hotter and people look for swimming facilities as well as playground equipment. B. If you still feel the equipment must be moved, then move the softball field and place the playground equipment in the softball field location, noise will be buffered by the hill without disrupting the use of the hill for sledding, kite flying, soceer and other field sports. C. The residents who live closest to the park knew of the existence of the playground equipment when they purchased their homes. My home faces the park, directly in front of the hill where the equipment is proposed to be moved and I strongly object to that site as only moving the problem. D. I do not agree with spending $15,500 to move the park equipment to another unsuitable location. Will the equipment then be moved again next year when other residents bring their complaints before you? I support the Mayor's comments to put the equipment in storage and remove it completely from the park. Thank you for your work on this matter. Sincerely, / y a X �sb CZ 7::T::H:AV�E:N UNACCEPTABLE i These locations are the only choices to subject all residents to the noise equally. 1 I • Ia I I UNACCEPTABLE i These locations are the only choices to subject all residents to the noise equally. 1 I • February 21, 1986 Senator Tad Jude -- 235 State Capitol St. Paul, MN 55155 &A CITY OF PLYMOUTFF SUBJECT: Transit Funding Legislation Dear Tad: During this session of the Legislature, I know that you will be dealing with transit funding issues. Since Plymouth has taken the initiative to develop Its own transit program, I want to share our perspective on the transit funding issue. Plymouth Metrolink is funded exclusively through property tax dollars paid by residents and businesses in the community. From our perspective, the legislature should resist any attempts to limit the ability of a munici- pality to directly utilize all or a portion of its property tax contribution to the Metropolitan Transit Taxing District for its own transit program purposes. Plymouth is also served by Medicine Lake Lines. Medicine Lake Lines, as the MTC, is supported both through property tax dollars and state income tax dollars. Obviously any cut in state or federal funding will impact greatly upon Medicine Lake Lines' ability to adequately serve Plymouth. I recognize that both the state and federal government have pressing reasons for limit- ing their funding. I would hope, however, that the state legislature will use this opportunity to develop a funding program for transit operators which encourages experimental non-traditional transit demonstrations over traditional transit programs which have proven incapable of supporting them- selves except in the central business district. You have an unique oppor- tunity before you to develop a transit funding system which promotes innova- tion and cost effectiveness in transit delivery in place of the existing "cash give-away program" which does little, if anything, to promote effec- tiveness and innovation in transit affairs. I hope that the legislature will work -with the appropriate agencies to this end. Yours ver tr , Frank Boyles Assistant City Manager FB:jm 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 SENATOR TAD JLDE ❑State Capitol. Room 235 Saint Paul. Minnesota 55155 Phone: (612) 296-4248 (Office) 06907 Ives Lane Maple Grove. Minnesota 55369 Phone: (612) 4244127 ( Home) District 48: Brooklyn Park • Corcoran Hanover • Hassan • Loretto Maple Grove • Medina Osseo • Plymouth Mr. Frank Boyles Assistant City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Frank: June 18, 1986 Senate State of Minnesota Thank you for your letter on filling me in on Plymouth's perspective relating to the transit funding issue. As we have discussed extensively before, legislation in 1981 established that a municipality may utilize up to 90 percent of its property tax obligation to develop its own transit program and that 10 percent is to go to support regional transit. My understanding is that this formula has not been changed ... but at times has been misinterpreted. In your letter you recognized that both the state and federal government have pressing reasons for limiting their funding for transit. While the regional transit board has had a $4.5 million reduction in the amount of transit assistance, my understanding is that Plymouth should not be significantly affected by this. I am told that because Plymouth's funding is based on property tax revenues, it should not be affected by reduction of RTB's other funding mechanisms. Similarly, cuts on the federal level in the dollars available to local transit should also have a minimal effect on Plymouth because their program is tied to property tax revenues rather than transit funding. I share your belief and hope that a funding program will be developed which will encourage experimental nontraditional transit demonstrations over they current "cash give-away program" which does not appear to be as effective. I am told that the planning staff at the RTB has completed Phase I of its transit service needs assessment study and anticipates completing Phase II by late this summer. It is likely that some innovative approaches will come out of this study and Judy Hollander, director of programs and planning (292-8789) would be the person to contact for more information. J(/ COMMITTEES • Governmental Operations • Judiciary • Public Utilities and State Regulated Industries • Taxes and Tax Laws • Former Chairman, Judiciary Committee, House of Representatives S I's C..., Page 2 Mr. F. Boyles June 18, 1986 Z was glad to hear from you and hope you will keep me informed on any legislative matters of importance in Plymouth. Thanks for keeping me on the list for PACT minutes. You have my support and admiration for the work you have done in helping to develop Plymouth's transit program. Sincerely, TJ: DP y� -r2t fib° + June 23, 1986 Plymouth City Offices Plymouth Police Department ATTN: Chief of Police 3400 Plymouth Blvd. Plymouth, MN 55441 To the Chief of Police: I am writing to you in regards to the Intervention Program that is set up in the City of Plymouth. I just wanted to let you know that I think it's the greatest idea for helping women when they are in a violent, or somewhat similar, situation with a spouse, or whoever it may be. As you can assume, I was in a bad situation and when the police were called they also called the Intervention Program. W. the way, I just got my whole situation settled with the courts and I was beat up way back in January. It probably wouldn't have gone as good as it did if it weren't for the Intervention Program. I guess what I'm trying to say is that I never would have made it through my ordeal without the help of Sue Beaty, from the Program that is set up through Plymouth. Sue helped me to cope with problems/questions I had, she was always there and she went to the courts, more or less to fill in for me so she could let me know what went on without my having to be there. She did a lot of corresponding back and forth to get questions answered and to help me out in whatever way she could. She was very eager to help. The only problem is that there aren't enough of these programs around. If there were more set up, and more well known, I think women would feel more comfortable calling them. I didn't even know about this one until the police officer called them. I would also like to give credit to your crew there at your office. They helped me out very politely and I didn't even worry or feel intimidated or uncomfortable in the least. If you keep up this kind of action I think more men will be put where they should be (behind bars) instead of running around harming innocent women, who just aren't able to defend themselves. Again, thank you. Also, would you please send the duplicate copy to the Plymouth City Council office so they can see how helpful the Intervention Program can be, and how appreciated it really is. Sincerely, bat a tee JME:jme Enclosure MEMBERS BLOOMINGTON BROOKLYN CENTER BROOKLYN PARK BURNSVILLE CHAMPLIN CIRCLE PINES COLUMBIA HEIGHTS DEEPHAVEN EDEN PRAIRIE EDINA EXCELSIOR FRIDLEY GREENWOOD HASTINGS HOPKINS LAKE ST. CROIX BEACH LAUDERDALE LORETTO MAPLE PLAIN MAPLE W OOD MINNETONKA MINNETRISTA NEW BRIGHTON NORTH ST. PAUL ORONO OSSEO PLYMOUTH RICHFIELD ROBBINSDALE ROSEVILLE ST. ANTHONY ST. LOUIS PARK SHAKOPEE SHOREVIEW SHOREWOOD SPRING PARK VADNAIS HEIGHTS VICTORIA WAYZATA WOODLAND SUBURBAN RATE AUTHORI TO: FROM: SUBJ: DATE: MEMORANDUM Directors and Member Managers Members tse. H and Associate l Counsel Results of Intervention in 1985 NSP Electric Rate Case June 25, 1986 The Minnesota Public Utilities Commission issued its Order in the 1985 NSP Electric Rate Case on June 2, 1986. I have not enclosed the Order as it is 90 pages in length. The Order is not final in the sense that the company and several of the other parties who were not successful on various issues have filed petitions for rehearing and reconsideration. I expect that the peti- tions will be denied. We will briefly respond to the company's petition as it asks that one of our victories be overturned. I do expect, however, an appeal by the company to the Minnesota Court of Appeals. Certainly the appeal will not be taken on all of the issues which the company lost, but it may involve one or more of our issues. Our consultant has calculated an average savings per residential customer resulting from the SRA's intervention. The following is a list of savings by issue per average residential bill ($417.25 as calculated by NSP) for one year: Delay in Payments Issues $ .71 Fuel Inventory .53 Return on Equity 6.92 Total $8.16 Two comments regarding this list are appropriate. First, the numbers are the savings for one year, but it is very likely the rates will be in effect at least two years, which is the anticipated period before NSP files another request. Secondly, on delay -in -payments and on the savings from the return -on -equity issues, SRA was one of several parties seeking the adjustment. We have assumed that SRA should be given credit for 1/3 of the adjust- ment. This is, of course, subjective. SRA was the only party pressing for the adjustment on fuel inventory. 2000 FIRST BANK PLACE WEST • MINNEAPOLIS, MINNESOTA 55402 • (612) 333-0543 S- kS� An example of the meaning to individual cities is as follows. Assuming a city with 5,000 households, the savings to residential customers from the fuel inventory issue alone would amount to approximately $5,300 over the two years the order is expected to be in effect. Using the total savings shown in the table above, a two-year savings would be $81,600. Since business rates and usage are much greater, the savings to them is very substantial. Based on a $3,000 annual electric bill, a commercial customer will save about $120 over the two years because of the SRA intervention. Assuming that there are 15,000 residents in the same city, SRA dues for the period will be approximately $2,000. I think you will agree with me this is a rather handsome return on the dues. In addition to the dollar savings in the Commission Order, the SRA obtained an Order from the Commission that NSP must study its losses on power delivered to its subsidiary in Wisconsin and file that study in the next rate case. We believe this will result in a savings of several million dollars per year to Minnesota customers. SRA was the only party asking for this Order. The SRA also contributed to the intervention by the Board of Water Commissioners of the City of St. Paul, and SRA counsel handled the case. We were successful in preserving the two municipal pumping rates. Because of our efforts, the small municipal pumping rate received a 4% increase rather than a 25% increase requested by the company or a 20% increase requested by the Department of Public Service. The savings to an individual city can be calculated by multiplying an annual billing on the small pumping rate by 16%. Again, this can be expected to remain in place for at least two years, so the saving is doubled. On the large pumping rate (called the demand -metered rate), the class identity was saved and because we were able to fight off a proposed demand ratchet, approximate- ly 2% of billings was saved on the average. Thank you for your continuing support of the Suburban Rate Authority. If you have any questions, please feel free to call me at (612) 333-0543. Glenn Purdue LeFEVERE, LEFLER, KENNEDY, O'BRIEN & DRAWZ 2000 First Bank Place West Minneapolis, MN 55402