HomeMy WebLinkAboutCouncil Information Memorandum 10-17-1986f
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CITY OF
PUMOUTR
CITY COUNCIL INFORMATIONAL MEMORANDUM
October 17, 1986
UPCOMING MEETINGS AND EVENTS.....
1. PLYMOUTH FORUM -- Monday, October 20, 7:00 p.m. The Plymouth Forum
will be held in the City Council conference room.
2. REGULAR COUNCIL MEETING -- Monday, October 20, 7:30 p.m. Regular
City Council meeting in City Council Chambers.
3. BOARD OF ZONING -- Tuesday, October 21, 7:30 p.m. The Board of
Zoning Adjustments and Appeals will meet in the City Council
Chambers. Agenda attached. (M-3)
4. PLANNING COMMISSION -- Wednesday, October 22, 6:30 p.m. The
Planning Commission will meet in the City Council Chambers. The
Alpha House hearing will be held beginning at 8:00 p.m.. We plan on
carrying this hearing on Cable Channel 7. Agenda attached. (M-4)
5. HOUSING & REDEVELOPMENT AUTHORITY -- Thursday, October 23, 6:00
p.m. Chairman Del Erickson has called this meeting for the purpose
to interview two consultants who have submitted proposals for the
market research for senior housing in Plymouth. A copy of the
meeting notice is attached. (M-5)
6. NOVEMBER CALENDAR - REVISED -- The attached calendar for November
reflects the change of eeting date for the Joint Planning
Commission/Board of Zoning meeting from November 19 to November 18,
and the cancellation of the November 26 Planning Commission
meeting. (M-6)
FOR YOUR INFORMATION.....
1. TOWN MEETING AGENDA - AREA 3 -- Attached for the Council's review is
the Area 3 Town Meeting agenda. If Councilmembers desire any
changes to the agenda, please contact me so they be incorporated.
(I-1)
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
CITY COUNCIL INFORMATIONAL MEMORANDUM
October 17, 1986
Page two
2. MINNESOTA REAL ESTATE JOURNAL - MARKET FOCUS ON PLYMOUTH -- In
accordance with previous Council direction, I have provided copies
of the Minnesota Real Estate Journal publications which are to be
sent later this month. The first letter dated October 23, 1986 to
Plymouth area business leaders is the Minnesota Real Estate
Journal's initial mailing to businesses in the community, soliciting
their participation in advertising in the Journal.
I believe that it is appropriate for the City of Plymouth to
purchase a full page ad for this edition. In the absence of Council
direction to the contrary, I intend to proceed to prepare such an
ad. These multi -colored ads are an excellent means by which we may
promote community identity by prominently displaying our logo and
other unique information about the community.
Also attached is a copy of a letter dated October 27, 1986, to
Plymouth area business leaders. This is the letter which Council
asked to review prior to mailing. Because the Council was
uncomfortable with endorsement of this private venture, the letter
encourages participation in the program on behalf of Mary T.
Carlson, Publisher, and suggests that questions about the Plymouth
Market Focus be directed to myself, Dave Olson of the TwinWest
Chamber of Commerce, or Bob Burger of the Plymouth Development
Council. Mari Adamson -Bray has asked that we provide any comments
with respect to the second letter before October 24 in order that
they may retain their publication time schedule. (I-2)
3. "PLYMOUTH BECOMING HOTBED OF DEVELOPMENT ACTIVITY" -- Attached is a
copy of an article which appeared in the latest issue of the
Construction Bulletin. The Construction Bulletin is a weekly
magazine published in Minnesota, North Dakota and South Dakota
listing advertisement for bids for all types of construction
projects. This is the magazine the City uses in advertising all
projects. (I-3)
4. SPECIAL ASSESSMENT APPEALS - ZINNIA LANE -- The City Attorney's
office advises that a hearing has been scheduled for December 1
regarding the five remaining Zinnia Lane special assessment
appeals. The total amount being appealed by the five property
owners is $22,553.
5. MR. MAURICE McCAFFREY -- Attached is correspondence to Mr. Maurice
cCaffrey from Joe Ryan responding to concerns of Mr. McCaffrey with
respect to the Gleason North Shore project. The file contains
probably a quarter -inch of correspondence dealing with this overall
topic which is available for the Council's review. I believe we
have previously provided Mr. McCaffrey with all the information
which we have available. Nonetheless, he has continuing problems
with the project vis-a-vis his frustration with some of the owners,
as well as the architects and/or builders. The most recent incident
involves one of the owners seeking Mr. McCaffrey to undertake a
certain corrective works to a heating system. The owner was using a
CITY COUNCIL INFORMATIONAL MEMORANDUM
October 17, 1986
Page three
letter from one of the City's building inspectors to make his
point. As the correspondence indicates, the building inspector's
letter was not finding that there were any code violations, but
rather, that certain "fine tuning" of the air system could be
undertaken. (I-5)
6. LEAGUE OF MINNESOTA CITIES LEGISLATIVE CONFERENCE -- The League of
Minnesota Cities will be holding it's annual policy adoption meeting
on November 20, 1986. This meeting will be held to review, discuss,
and adopt the proposed legislative policies and priorities of the
League for the 1987 legislative session. The meeting will be held
at the Sheraton -Midway Hotel in St. Paul with registration at 9:00
a.m. and the conference beginning at 10:00 a.m. If you are
interested in attending this session, please contact Laurie in order
that you can be registered. Each City will have one vote, so the
Council should review the proposed policies prior to the meeting and
determine whether or not they have any differences of opinion with
respect to them. (I-6)
7. MINUTES -- The following minutes are attached:
a. Board of Zoning Adjustments and Appeals, September 16, 1986
(I -7a)
b. Bassett Creek Water Management Commission, September 18, 1986
(I -7b)
8. DEPARTMENT REPORTS -- The following departmental reports for the
month of September are attached:
a. Police Department (I -8a)
b. Fire Department (I -8b)
9. JEFF HOWARD -- As reported last week, the five cases pending against
Jeff Howard have been resolved. The attached letter from the City
Attorney to Sgt. Tom Saba further relates the settlement of the
cases. (I-9)
10. BOND NEWSLETTER -- The October bond newsletter from Ehlers and
Associates is attached for your information. (I-10)
11. 1986 PROPERTY TAX STATISTICS -- Attached is a memorandum from City
Assessor Scott Hovet providing further comment on the League of
Minnesota Cities' comparison of 1986 property taxes for all cities
in the seven county metro area with a population greater than 2,000
persons. According to Scott, of the twelve highest populated
metropolitan cities, Plymouth's assessed value is rated seventh,
with the City's mill rate ranking as the second lowest. (I-11)
CITY COUNCIL INFORMATIONAL MEMORANDUM
October 17, 1986
Page four
12. INFRASTRUCTURE ARTICLES -- Attached are two articles from the
October issue of American City & County entitled, "Counties To
Experience Infrastructure Shortfalls" and "A Difficult Bill to
Shallow". Both articles address the difficulties county and local
governments face in budgeting and financing infrastructure
projects. (I-12)
13. ALPHA HOUSE CORRESPONDENCE -- The following correspondence regarding
the Alpha Human Services facilities is attached:
a. Letter from Medicine Lake Mayor Neil Sorensen, to Mayor
Schneider. Mayor Schneider's response is also attached.
(I -13a)
b. Community Acting for a Reasonably Risk -Free Environment
(C.A.R.E.) data sheet on Alpha House. (I -13b)
c. Letter to Plymouth Planning Commission from Bruce Goldstein.
(I -13c)
d. Correspondence from numerous residents commenting on the Alpha
House facility. (I -13d)
14. COUNCIL FOLLOW UPS:
a. Area 2 Town Meeting Feedback -- Resident feedback forms
submitted at the October 14 Town Meeting are attached for the
Council's information. As staff responds to each, copies of the
correspondence will be provided to the Council. (I -14a)
b. Sedimentation Pond - 45th & Larch Lane -- At a September Council
meeting, a Councilmember indicated that children had been
observed playing near the sedimentation pond at 45th Avenue
North on Larch Lane. Sherm Goldberg contacted the property
owner and requested that a snow fence be erected to prevent the
possibility of a child slipping into the pond. Earlier this
week, Sherm advised me that the fence has been installed.
c. Traffic Signing and Markings - County Road 61 at Highway 55 --
In response to resident concerns expressed at the October 14
Town meeting relative to the traffic signing, markings, and
congestion on northbound County Road 61 at Highway 55, Fred
Moore sent the attached letter to Herb Klossner, Hennepin County
Director of Transportation, requesting the County to review the
traffic situation at this intersection. (I -14c)
d. Sewer Backup Claim - Mr. & Mrs. Novy -- The attached
correspondence concerning the Novy sewer backup claim was sent
to the City's insurance carrier this week requesting
reinvestigation of the claim. (I -14d)
CITY COUNCIL INFORMATIONAL MEMORANDUM
October 17, 1986
Page five
e. Sanitation Trucks on City Streets -- Attached is a memorandum I
received from Council member Bob Zitur on the aforementioned
subject. My response to his memo is included on the memo.
(I -14e)
15. CORRESPONDENCE:
a. Letters to Diana Roswick, Moody's Investors Service; Dave Olson,
Twin West Chamber of Commerce; Bob Kutchall and Alan Schackman,
Ryan Construction; and Steve Apfelbacher and Holly Dougherty,
Ehlers and Associates, from Mayor Schneider, concerning the
October 9 Moody's visit. (I -15a)
b. Letter to James Pohtilla, 17715 - 25th Avenue North, from Dick
Carlquist, providing results of three stationary radar assign-
ments conducted in the area of 25th Avenue between Jewel Lane
and Highway 101. Mr. Pohtilla had corresponded with Dick
earlier on a speeding problem in this area. (I -15b)
c. Letter from North Ridge Care Center and Good Neighbor advising
that the proposed merger of Good Neighbor and North Ridge will
not be finalized. (I -15c)
d. Copy of a letter to State Senator Robert Schmitz, from Michael
McGuire, City Manager, City of Prior Lake, regarding the Depart-
ment of Revenue's interpretation of the "tax feathering_"
statute. (I -15d)
e. Memorandum to Assistant Fire Chief, Ralph Begin, from Dick
Carlquist, regarding changes in indemnification for punitive
damages of municipal employees (I -15e)
f. Memorandum from Roger Benson, 12115 - 50th Avenue North,
concerning the swimming pool provided for the residents of the
Shenandoah Townhouses. (I -15f)
g. Letter to Theodore Hoffman, Chief Design Engineer, Hennepin
County, from Fred Moore, conveying the Council's conditions of
approval for the County Road 9 project. (I -15g)
h. Letter to Councilmember Dave Crain, fromm State Representative
Craig Shaver, concerning the problem of unemployment compen-
sation benefits for part time and seasonal employees. (I -15h)
I. Letter to Bea Jordan, Plymouth Historical Society, from Frank
Boyles, advising of the Council's action on the Historical
Society's 1987 budget requests. (I-151)
j. Letter to Mr. Bob Wiesman of the Kentucky Municipal League, from
Frank Boyles, providing information on the Infrastructure
Replacement Reserve Fund Bill. As demonstrated by this inquiry,
the infrastructure issue is a nationwide issue. (I -15j)
ames G. Willis
ity Manager
AGENDA
Board of Zoning Adjustments and Appeals
Tuesday, October 21, 1986
1. CALL TO ORDER
2. ROLL CALL
3. APPROVAL OF MINUTES
4. NEW BUSINESS
WHERE: Plymouth City Center
Council Chambers
3400 Plymouth Blvd.
Plymouth, Minnesota
7:30 P.M.
September 16, 1986
�-3
A. Sign Consultants, Inc. for Vantage Companies. Variance from the maximum area
requirments for directional signage for property located at 13893 Industrial
Park Boulevard. (10-02-86).
5. OTHER BUSINESS
6. ADJOURNMENT
PLAN14ING COMMISSION MEETING AGENDA
WEDNESDAY, OCTOBER 22, 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.
1. CALL TO ORDER 6:30 P.M.
2. ROLL CALL
3.* APPROVAL OF MINUTES
Planning Commission Minutes, September 24, 1986
4. PUBLIC HEARINGS
A. Roger Benson. Rezoning and Conditional Use Permit to allow expansion of a
single family dwelling into a two family dwelling at 315 Zinnia Lane. (86109)
B. Charles Carlson. Conditional Use Permit to allow a single family dwelling in
the R-2 Zoning District at 440 Zinnia Lane. (86110)
5. NEW BUSINESS
* A. Welsh Construction Co. Site Plan approval for a 15,000 sq. ft. office build-
ing at the northwest corner of County Road 9 and County Road 18. (86111)
B. City of Plymouth. Variance for Duffy Office Building at 10850 County Road
15. (86045)
6. CONTINUED PUBLIC HEARING 8:00 P.M.
A. Gerald Kaplan, Alpha Human Services, Inc. Approval of Conditional Use Permit
and Site Plan for a semi-public institution in the R-3 Zoning District north-
west of South Shore Drive and 11th Avenue No. (86080)
7. OTHER BUSINESS
A. Future Meeting Dates
B. point Meeting with Board of Zoning
8. ADJOURNMENT 11:00 P.M.
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: October 10, 1986
TO: Housing Authority Commis§ioners
FROM: Milt Dale, Associate Planner
SUBJECT SCHEDULED HOUSING AUTHORITY MEETING FOR THURSDAY, OCTOBER 23, 1986
Chairman Del Erickson has called for a meeting on Thursday, October 23rd at 6:00 p.m.
at City Center. One purpose of this meeting is to interview the two consultants who
have submitted proposals for the market research for senior housing in Plymouth. The
two firms are Maxfield Research Group, Inc. and Quality Decisions, Inc.
The meeting will start promptly at 6:00 p.m. and dinner will be provided. The first
half hour will allow the Commissioners to consider questions they may wish to ask
during the interview. At 6:30, the first interview will start with a ten minute
presentation by the consultant, followed by questions. The second interview will start
at 7:15.p.m.
Other business items will be discussed afterwards.
Please call by Tuesday, October 14th, if you cannot attend.
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October 29, 1986
Gear Plymouth Resident:
SUBJECT: TOWN MEETING, NOVEMBER 10
Because Plymouth is a developing community, there are many actions underway
or in the planning stage which could impact upon you. In order to maintain
open communication channels with residents of the community, the City
Council has scheduled a Town Meeting for Tuesday, October 14 for residents
of your area. In order to keep the meetings on an informal basis while
dealing with specific topics of interest to you, the Town Meeting will be
for residents living south of Highway 55 from County Road 18 to I-494. (See
map below.)
The Town Meeting is scheduled to begin at 7:30 p.m. in the Plymouth City
Center. On the reverse side of this letter is a list of possible topics for
discussion at the Town Meeting. If you have other matters of interest we
will seek to address these also.
I encourage you to join Councilmembers Crain, Vasiliou, Sisk, Zitur and
myself at 7:30 p.m., Tuesday, November 10 at the Plymouth City Center. We
are anxious to meet you and look forward to this opportunity to meeting
informally to discuss matters of mutual interest. If you have any questions
about the Town Meeting, please feel free to call your City Clerk, Ms. Laurie
Brandt at 559-2800, ext. 204.
Sincerely,
Virgil Schneider
Mayor
VS:jm
T0WN MEETING AGENDA
AREA THREE
November 10, 1986
7:30 p.m.
I. THOROUGHFARES
A. 6th Avenue Extension from Pineview Lane to County Road 73 \
B. Interchange at I-494 and County Road 6
II. PARKS
A. St. Mary's of the Lake property
B. County Road 15 Trail
III. DEVELOPMENT
A. Carlson Center status report
B. Willow Grove Development
C. Duffy Office Building
D. Industrial Park developments
IV. PUBLIC SAFETY
A. Police/Fire Report
B. Neighborhood Watch Program
V. OTHER ITEMS
A. Solid Waste Recycling
B. 2-5 a.m. parking ban
C. Local Government Cable Access Channel 7
D. Public Transportation Feedback - Plymouth Metrolink
SHELTER TECH
REAL ES_ TATE JOURNAL .l �dlll
October 23, 1986
Dear Plymouth Area Business Leader:
A well-rounded community in all aspects of commercial real estate
and development, Plymouth, Minnesota is a hub of office and
industrial activity on a grand scale. Big corporate names like
Prudential, Carlson, Honeywell and Control Data are the rule, not
the exception.
Plymouth is one of the growingest communities in the Twin City metro
area and the state. And it has a booming multi -housing and
residential market to accomodate its expanding populace.
Plymouth has indeed become a center for big business and development
in the northwest suburbs. The Minnesota Real Estate Journal will
spotlight Plymouth, Minnesota, in its December 9 edition of the
Market Focus series.
Since meeting with Plymouth business and civic leaders, the
Minnesota Real Estate Journal staff has been preparing to tell
your city's commercial real estate/development story to our
readers --the state's developers, investors, owners, contractors,
corporate real estate executives, bankers, brokers ... the list goes
on.
The Market Focus series is devoted to Minnesota communities such as
yours --communities experiencing growth in the office, industrial,
multi -housing, retail and hotel markets.
The Minnesota Real Estate Journal IS the state's commercial real
estate publication... a complete, comprehensive newspaper with
lively, easy -to -read news and editorial, personality profiles,
development/construction updates, personal columns by the experts,
regular reports on apartment rents and office occupancies, job
changes and regional and outstate reports.
What better way to tell your company's story to the state's
commercial real estate decision makers and members of your real
estate community than through the Minnesota Real Estate Journal
and the Market Focus series. Advertising in the MREJ Market Focus
is a cost-effective investment of your advertising dollar.
Advertising rates are: Quarter page, $340; half page, $515; junior
page, $600; full page, $780. Please refer to the enclosed Market
Focus flyer for all the details.
7701 YORK AVENUE SOUTH ■ SUITE 390 • EDINA, MN 55435 ■ (612) 893-1816
M
Additional copies of the Plymouth Market Focus are available at
$50/100 (pre -publication price) so you may further market your
company by adding the publication to your marketing kit.
The Plymouth Market Focus is surely a special presentation you'll
not want to miss. Our advertising staff is on hand to answer any
additional questions you may have, or to assist you in preparing
your advertising copy, design, etc. Final advertising space
reservation deadline is Monday, November 24 at 5 PM. Copy deadline
is Friday, November 28 at 3 PM.
We've enclosed a copy of a past Market Focus along with a Minnesota
Real Estate Journal for your perusal. We hope you enjoy them. We
look forward to working with you in the coming weeks, and will be
calling soon.
Best reg/�Lrds,
Mari Adamson` -may
Advertising Manager
and staff, Madge Johnson, JJ Bowar, Shari Speigel
1
SHELTER TECH
REAL
TATE URNA z�J,
I
October 27, 1986
Dear Plymouth Area Business Leader:
The December 8 edition of the Minnesota Real Estate Journal will
feature the City of Plymouth in its Market Focus series ... and will cover
your city's commercial real estate/development industry as its never
been covered before.
Plymouth's commercial real estate/development opportunities abound. And
we'll capture, and pull together those stories in one special
publication --to be inserted into the Minnesota Real Estate
Journal --THE state's commercial real estate newspaper.
Several meetings with your city's business and civic leaders have laid
the groundwork for the MREJ's editorial and advertising staffs. And
you will be contacted in the very near future by a member of our staff.
A package of Market Focus and advertising information was sent to you
last week.
We encourage you to participate by advertising in this special
presentation...to be read and re -read by the state's developers,
investors, owners, corporate real estate executives, CEOs, contractors,
bankers, brokers, appraisers, syndicators, architects...the list goes
on.
We are more than happy to assist you with any questions you may have on
the Plymouth Market Focus in the Minnesota Real Estate Journal. You
may also address any questions or inquiries to the following individuals
in the City of Plymouth:
Mr. James G. Willis Dave Olson
City Manager Executive Director
City of Plymouth TwinWest* Chamber of Commerce
3400 Plymouth Boulevard 10550 Wayzata Boulevard
Plymouth, MN 55447 Minnetonka, MN 55343
(612) 559-2800 (612) 540-0234
Bob Berger, &4rr-ee�++-����•4 z
Plymouth Development Council
3400 Plymouth Boulevard
Plymouth, MN' 55447
We look forward to the opportunity of meeting you and working with you
on this exciting project.
Best regards,
Mary T. Carlson Mari Adamson -Bray
Publisher Advertising Manager
7701 YORK AVENUE SOUTH ■ SUITE 390 ■ EDINA, MN 55435 ■ (612) 893-1816
F --
Plymouth Becoming Hotbed Of Development Activity
The area of 1-494 near the intersections of both
U.S. Hwy. 12 and U.S. Hwy. 55 has become a hot-
bed of development activity. Work is underway on
a $40 -million hotel and conference center on a
21 -acre Prudential Development Company site
north of the 3033 Campus Drive building, flagship
of the firm's Northwest Business Campus facility.
The hotel and conference center is a joint venture
of Prudential and Scanticon Corporation, developer
and operator of business meeting centers through-
out the world. The Plymouth center will be the sec-
ond in the U.S. Prudential also is building a
five -story, 125,000 -sq. -ft. second phase to the
3033 Campus Drive building. Prudential com-
pleted the 238,000 -sq. -ft. first phase last year.
General contractor is M.A. Mortenson. On the oth-
er side of 1-494, Carlson Properties, Inc., and the
Trammell Crow Company plan to develop a
$600 -million project straddling the city lines of
Plymouth and Minnetonka. The venture calls for
hotel, office, and residential properties. Trammell
Crow, third largest developer in the U.S., already
has developed more than $300 million worth of
property in Bloomington, Burnsville, Eagan,
Minnetonka, Golden Valley, and Plymouth.0
St. Nud Acts to Help Finance Civic Center
,f-
will
St. Cloud residents�Abigger
room tax. effective Jan. 1, wouJh-oi`aise
pay more for park
about $100.000 a year to hip cover
hotel/motel room taxelp
center operating costs. The parking in -
fund a proposed field house and civic-_ crease. effective JulN -'7. 1987, would
convention center project. the St.
weer a $1.2 million downtown park -
s
Cloud Cite Council decided.
ing hpansion.,
It voted 7-0 to increase the cit\'s 3%
The h9t6m61ed.1.1ax increase sailed
hotel/motel room tax to 5% and voted
through with no opposition bN hotel
4-3 to raise parking meter and permit
and motel owners, who months ago
rates.
gathered signatures on a petition
against the tax. Some downtown busi-
ter'`
ness o%\ners, however, sa\ they see no
Both increases are componeo of a
benefit in raising parking rates.
financing plan to build an ! I million
center downtown betwe ourth Ave- Cit\ officials have unveiled a plan to
nue and the Missis ' pi River. The build two levels of underground park -
October 10, 1986
COVER PHOTO
A new route for a section of
Wabasha County Road 30 was in the
beginning stages of construction by
Holm Brothers Construction of
Goodhue during the Summer. Re-
construction was to be completed
this year, with blacktopping done
next year. (Wabasha County Herald
Photo by Michael Smith.) El
ing_beneath the proposed field house
and carie- convention center. That
plan could -,provide 370 parking
spaces. according to project
architects.❑
October 16, 1986
Mr. Maurice McCaffrey
1299 Black Oaks Court
Plymouth, Mn 55447
Dear Mr. McCaffrey:
CITY OF
PLYMOUTII-t
I received your letter dated October 9, 1986 together with the correspondence
provided to you by Mr. Ray Bergerson.
Mr. Bergerson contacted Building Inspector Arnold Rasmusson regarding an air
circulation problem he was having in one bedroom of his dwelling unit. Mr. Rasmusson
provided Mr. Bergerson with his comments and recommendations intended to assist him
in balancing out his heating system. This was addressed in his letter to Mr.
Bergerson of July 9, 1985.
The findings of Mr. Rasmusson's inspection did not note any code violations of the
mechanical system in this home, and the recommendations were not intended to be
corrective work necessary to maintain minimum compliance with the Minnesota State
Mechanical Code. I believe this has been clarified in Mr. Rasmusson's letter of
October 13, 1986 to Mr. Bergerson (see enclosed copy).
In addition to this I was able to locate plans relating to the Gleason North Shore
project. These documents include preliminary plat drawings as well as the building
plans of the townhouse units. These plans were approved by our Department on October
17, 1981. These documents are available for your review at our office.
I believe that the permit related records you requested in your letter of August 7,
1986 were provided to you with my letter of August 18, 1986.
It is my hope that the information referenced above will satisfy the concerns your
have raised. Please contact me at 559-2800 should you have any questions or if I may
be of any further assistance.
Sincerely,
qmG��
Joe Ry aan-J
Building Official
cc: James G. Willis, City Manager
File
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 559-2800
October 13, 1986
Mr. Ray Bergerson
1299 Black Oaks Court
Plymouth, Mn 55447
Dear Mr. Bergerson:
2 S -
On October 9, 1986, our office received a copy of a letter you wrote to Mr. Maurice
McCaffrey dated October 8, 1986.
Apparently your letter is based on the results of an earlier inspection I performed
at your property, upon your request, regarding a heating concern in a bedroom of your
dwelling unit. (See enclosed letter dated July 9, 1986).
Please be advised that I did not observe any code violations of your mechanical
system, but, rather provided you with comments and recommendations that might assist
you in balancing out your heating system.
Please contact me at 559-2800 should you have any further questions.
cerely,
J2
Arnold V. Rasmusson
Building Inspector
IC:Joe 'ran
Maur; ce ''c Caffrey
�—
MAURICE McCAFFREY
GLEASON NORTHSHORE CONDOMINIUMS
1299 BLACK OAKS COURT
PLYMOUTH, MINNESOTA 55447
81214754)724
1fr. Joe Ryan, Building Official
City of Plymouth
Plymouth, Minnesota
Dear Joe:
I was astounded to receive the enclosed communique
yesterday. Just a few weeks ago you told me that your
people could not get involved in expressing opinions. In
fact I thought that your cooperation was delayed and very
minimal although Mr. Willis wrote me that I could expect
full cooperation from City people.
During construction several City people commiserated
with me about the multiple problems foisted upon me by
professionals. Those problems led to a law suit of hun-
dreds of thousands of dollars and is still in process.
Now when I seek City confirmation of that commiser-
ating that I heard in such profusion, I encounter people
looking the other way, and only with considerable difficulty
am I able to resurrect a few facts.
I stand highly critical of your practice of destroying
plans without notification. I was allowed to give the
Building Department two days notice, pick up plan$ and
make certain they were promptly returned. Shortly after
that, you destroyed the plans without any notice to me.
Those plans were integral for my law suit and a con-
siderable part of the commiserating when Staff people told
me that "those plans had more red marks than any plans ever
seen in Plymouth." My construction was delayed more than
two months while the red marks were remedied. Now I can't
even find any record of when the working drawinCP
gs were
presented as well as other factual information, let along -
opinions that I heard many times before and during construct-
ion.
But your hi{d hand writes authoritatively an official
letter on City stationery signed as the Building Inspector,
even advising and recommending,free of charge, construction
that surprises me as his prerogative. Isn't that the busin-
ess of outstide professionals and merely for the inspector
to pass on?
2.
MAURICE MCCAFFREY
GLEASON NORTHSHORE CONDOMINIUMS
1299 BLACK OAKS COURT
PLYMOUTH, MINNESOTA 55447
812/475-0724
I am wondering if some kind of collusion is involved
here. For more than eight years, Mr. dergerson has tried,
but until now failed, to have his wishes confirmed. Obv-
iously this official City letter has triggered a law suit
against me, as you can see from the enclosed missives.
Mr.-Bergerson sought such confirmation at the time -of
occupancy inspection but was told that his heating system
met all City requirements. I specifically discussed it
with the inspector at that time. Also, Mr. George Froelinger,
the architect's engineer assured Ntr. Bergerson that his
heating system was acceptable and satisfactory. He got
to be such a pest that Air Conditioning, Inc., the installer,
refused to have anything further to do with him.
He has tried several times since and finally found his
mark in your "dr. Rasmussen, even though I have sought to
help �,Ir. Bergerson by including his claim in my law suit
against the architect, where it belongs, if at all.
Your inspector must realize that any system can be
improved , in fact I could point out possible improvements
right in your own City building.
Now, I'd like to receive a letter from you, the City
Alanager, the City Lawyer and the :Mayor, assuring the court
of two facts: 1.) that %1r. Rasmussen's opinion is his own
personal opinion and nothing more, certainly not that of
the City; and 2.) that his 4opinion is contrary to that
of your inspector who approved the occupancy.
I am retired and expect to go south to accommodate a
health problem by Wednesday so I am delivering this letter
and copies to the City today. And I am hopeful that I can
receive your letters before that time.
Obviously, I will have my lawyer name the City as co-
defendent in '.1r. Bergerson's law suit.
is is of
October 9th, 1986
cc: Messrs. Willis, Lefler, Schneider
IQ r5'
�-5
July 9, 1985 CITY 0J
Ray Bergerson PL MOV i l l
16605 13th Avenue North
Plymouth, MN 55447
Dear Sir:
This letter is concerning the inspection, I made at your request,
of the cold air return in your home: located at 16605 13th Avenue
North, Plymouth, MN
What I found is that you have one cold air return located in a
bedroom. When the bedroom door is closed this system is not able
to work at it's full efficiency.
I recommend that a cold air return be cut in over the top of the
door in the bedroom where the cold air return is located.
Please call me if you have any other questions concerning this
matter.
6zer ely,
Arnold V. Rasmussen
Building Inspector
AVR:dd
t
t
'r
E league of minnesota cities
October 9, 1986
TO: Mayors, Manage s d Clerks
D'
FROM: Donald A. Sla utiv e Director
RE: Proposed policies and the policy adoption meeting
Enclosed with this letter is a copy of the League of Minnesota Cities' 1987
Proposed City Policies and Priorities. Please consider them carefully and share
them with other officials in your city.
We are sending them out now, so you will have time to take formal action on them
at a council meeting prior to the League's Policy Adoption Meeting on November
20, 1986.
The Policy Adoption Meeting is in addition to the League's Legislative
Conference which will be held on March 10, 1987. The League Board requested the
change to boost participation in the policy adoption process and to give League
lobbyists more time to prepare legislation before the session begins.
The timing for policy adoption is only one of the changes in the process this
year. The other major change was to bring up policy issues at the League's
regional meetings so city officials could discuss the policies, offer comments,
and express their opinions. League staff then took this information back to the
policy committees for consideration.
This gave more city officials a chance to mold the policies during the early
stages of policy development. And, from the comments on the regional meeting
surveys, League members appreciated this opportunity.
Again, please study the enclosed policies, and plan to attend the Policy
Adoption Meeting on November 20, 1986 to vote on them. Remember, each city has
a vote at that meeting. The Policy Adoption Meeting will be at the
Sheraton -Midway Hotel in St. Paul, beginning at 10:00 am. (Registration opens
at 9:00 am -- See attached information for details.)
I 00 university avenue east, st. paul, minnesota 551 01 (01 2) 227-5000
Policy Adaption Aleeting
«'e're doing things differently- this
year ...
M'hat: The League w1 adopt legislative policies in
November this year, instead of at the beginning of the
legislative session.
Why: Adopting policies earlier will give League mem-
bers and lobbyists an opportunity to contact legislators
and draft legislation concerning policies before the ses-
sion begins.
IN -here: The Policy Adoption Meeting will be at the
Sheraton Midway -St. Paul off of Hwy. 94 (400 N.
Hamline Ave.).
Mien: Thursday, Nov. 20, 1986 at 9 a.m.
M'ho: All member cities should try to attend. Each
city has a vote.
Cost: There is no fee for this meeting.
a� C
.0
=i
City:
P
L
E
A
S
E
='
Agenda
9-10 a.m.
Registration (coffee and rolls)
9:15-9:45 a.m.
Pre -conference policy briefing
10 a.m.
Policy adoption
... lunch on your wwn ...
There is no fee for this meeting.
Legislative policy adoption, meeting
Thursday, November 20, 1986
Sheraton Midway St. Paul
400 North P.amline
St. Paul, V_N 55104
Contact Person.:
Telephone
A.. C.
P
T<
I
t: Name Title Address Zip Coee
T
Send registration to Gayle Brodt, League of Minnesota Cities, 183 University Ave. East, St. Paul,
P`N 55101
zV
Sheraton Midway- St~ Paul
400 North Hamline, St. Paul, Minnesou 55104
(612)642.1234
Name
Representing
Address—
City
State Zip
i
N.At:1H DAV I YEAR I ARRIVAL TWE lI �MO'JTH DAY YEAR
ARRIVAL DATE DEPARTURE DATE
CHECK IN TIME 3:00 PM
CHECK OUT TIME 1:00 PM
League of Minnesota Cities
Noveber 20, 1986
To insure space/rate availability, please
respond prior to No -out -4--r 1, 193E.
Please Specify:
$56.00 + Tax Single (One Person)
$56.00 + Tax Double (Two People)
1 -11 ar—e after 4.00 P.M.. Please g�a•a^+et
the reservat,or, wirh:
(Credit Card) Number and E>twrat,o• Dale
Teiepne•+e s
October 1986 47
0
=
1987
Proposed
City Policies
and Priolties
For distribution to all member cities.
All mayors, managers, and clerks receive a copy of the
proposed policies. Please share this document with your
councilmembers.
LMC Legislative Study Committees have developed these
policies and the LMC Legislative Committee is -recommending
them to the membership. Each policy has an A, B, or C,
priority. An explanation of each level is in the Foreword.
Please review these proposed policies before the 1987 Policy
Adoption Meeting. City officials will adopt legislative
policies at that meeting on Thursday, November 20, 1986 at
the Sheraton -Midway, St. Paul.
League of
Minnesota Cities
—= 'O
I
°1986 League of Minnesota Cities
All rights reserved
Printed in the United States of America
One of the most important purposes
serve as a vehicle through which cities
policies and proposals to solve them.
law
of the League of Minnesota Cities is to
can define common problems and develop
To accomplish this purpose, the League has a three-step process:
First, legislative study committees of city officials study the issues and
propose policies to address issues. They assign priorities according to
importance.
Second, the Leagues Legislative Committee reviews the policies and
priorities and makes any changes the comittee members deem necessary. The
Legislative Committee consists of the LMC Board of Directors and the chairs of
the legislative study committees.
Third, representatives of all member cities meet at the annual Policy
Adoption Meeting to adopt the policies. Amendments to the policies are possible
with a two-thirds majority of those voting on the issue.
The policy statements and legislative proposals in this publication are the
result of that process. They provide the LMC Board of Directors and staff with
guidance when testifying before legislative committees and taking other actions
with legislative or policy implications.
Priority designation of the policy is in parentheses at the end of the
policy title. The study committees developed the priorities and the Legislative
Committee reviewed them and, in some cases, modified them.
The priorities give additional guidance to the LMC Board and staff in
implemerting the League's legislative program.
"A" priority indicates a major issue, where the League would introduce
legislation or would work actively with other groups to seek new laws and
regulations.
"B" priority indicates items that are important to cities but where the
League would probably spend substantially less time unless the Legislature or
other groups mounted a major effort to which LMC had to respond. While the
League might initiate legislation on B priority items, these would be relatively
non -controversial items, or those where most of the research has already been
completed.
"C" priority indicates items where the League would respond only when other
groups raise the issue.
Policy Pie
Development Strategies (Chair: Mayor Mary Anderson, Golden Valley)
DS -1.
Tax Increment Financing (A) ..................................
3
DS -2.
Economic Development Authorities
(A) .........................
4
DS -3.
Development Financing (A) ....................................
GSGL-5.
5
DS -4.
Housing (B) ..................................................
Towing of Abandoned Vehicles (B) ...........................
6
DS -5.
Economic Development Funds (B) ...............................
20
7
DS -6.
Municipal Service Districts (B)
..............................
8
DS -7.
Community Development Principles
(C) .........................
9
DS -8.
Tax -Exempt Status of Land Held by
Cities for
GSGL-11.
Joint Powers Act (B) .......................................
Development (C) ...........................................
GSGL-12.
10
DS -9.
Small Cities Community Block Grant
Program (C) ...............
11
Government Structure and General Legislation
(Chair: Councilmember Larry Bakken, Golden Valley)
GSGL-1.
Tort Liability and Insurance (A) ...........................
14
GSGL-2.
Open Meetings (A) ..........................................
16
GSGL-3.
Mandates (B) ...............................................
17
GSGL-5.
Purchasing Authority of Plan B Managers (B) ................
19
GSGL-6.
Towing of Abandoned Vehicles (B) ...........................
19
GSGL-7.
State Licensing of Contractors (B) ..........................
20
GSGL-8.
State Audits and City Financial. Reporting
LUEET-6
Regulation of Pesticides
Requirements (B) ..........................................
20
GSGL-9.
Government Training Service (B) ............................
21
GSGL-10.
Charitable Gambling Enforcement Fees (B) ...................
21
GSGL-11.
Joint Powers Act (B) .......................................
21
GSGL-12.
Cable Communications (B) ...................................
22
GSGL-13.
Conflict of Interest/Incompatibility of Offices (B) .........
22
GSGL-14.
Absentee Balloting (B) .....................................
23
GSGL-15.
Precinct Boundary Changes (B) ..............................
23
GSGL-16.
Uniform Local Government Election Day (B) ..................
24
GSGL-17.
Campaign and Finance Disclosure (B) ........................
25
GSGL-18.
Voting Equipment (B) .......................................
25
GSGL-19.
Election Day Registration and Administrative
Improvements (B) ..........................................
26
GSGL-20.
Optional Poll Hours (C) ....................................
26
GSGL-21.
City Election Campaigns (C) ................................
27
GSGL-22.
Primary Dates (C) ..........................................
27
GSGL-23.
Verification of Petitions (C) ..............................
27
Land Use, Energy, Environment, and Transportation
(Chair: Tom Eidem, City Administrator, Monticello)
LUEET-1.
Wastewater Treatment
(A) ...................................
30
LUEET-2.
Land Use, Planning,
and Annexation (A) .....................
32
LUEET-3
Solid and Hazardous
Waste Management (B) ..................
33
LUEET-4
Transportation (B)
........................................
35
LUEET-5
Ground and Surface
Water Management (B) ...................
37
LUEET-6
Regulation of Pesticides
and Other Chemicals (B) ..........
38
LUEFT-7
Eminent Domain Law
(C) ....................................
39
LUEET-8
Energy Conservation
and Production (C) ....................
40
Policy
Personnel and Public Safety (Chair: Pete Stolley, Administrator,
Northfield)
PPS -1. Veterans' Preference (A) ....................................
PPS -2. Minnesota Public Employment Labor Relations Act (A) .........
PPS -3. PERA Benefits, Financing, and Administration (B) ............
PPS -4. Local Government Pay Equity Act (B) .........................
PPS -5. Military Leaves (B) .........................................
PPS -6. Time and Distance Residency Requirements (B) ................
PPS -7. Unemployment Compensation (B) ...............................
PPS -8. One Class of Beer (B) .......................................
PPS -9. Firefighter Certification (B) ................................
PPS -10. Workers' Compensation (C) ...................................
PPS -11. Modifications to the State Building Code (C) ................
PPS -12. Social Investing (C) ........................................
PPS -13. Emergency Medical Services (C) .........................0....
PPS -14. Ambulance Drivers -- Training for Drivers (C) ...............
Revenue Sources (Chair: Mayor Sig Stene, Lindstrom)
r--
- 1P
Page
44
45
47
50
51
51
52
52
53
53
54
54
54
55
RS -1.
Municipal Bonds (A) ..........................................
59
RS -2.
Special Assessment Financing (A) .............................
60
RS -3.
State Administrative Costs (A) ...............................
61
RS -4.
Property Tax Reform ..........................................
62
RS -5.
Local Government Aids (B) ....................................
63
RS -6.
State Funding to Cities (B) ...................................
64
RS -7.
Elimination of Levy Limits (B) ...............................
65
RS -8.
Stability of Revenues (B) ....................................
66
RS -9.
Sales Ratio Study (C) ........................................
67
RS -10.
License Fees (C) .............................................
67
RS -11.
Equipment Financing (C) ......................................
68
RS -12.
Railroad and Telephone Taxation (C) ..........................
68
RS -13.
Tax -Exempt Property (C) ......................................
69
RS -14.
Local Option Taxes (C) .......................................
69
Federal Legislative (Chair: Councilmember Steve Cramer, Minneapolis)
FL -1.
Federal Tax Policy: Impact on Cities .........................
73
FL -2.
General Revenue Sharing (GRS)................................
75
FL -3.
Targeted Fiscal Assistance ...................................
76
FL -4.
Federal Deficit Reduction ....................................
77
FL -5.
Low- and Moderate -Income Housing .............................
78
FL -6.
Homelessness..................................................
79
FL -7.
Medicare Deductions for City Employees ........................
80
FL -8.
Mandates .....................................................
81
FL -9.
Stormwater Permits ...........................................
82
FL -10.
Superfund....................................................
83
FL -11.
State and Local Pipeline Safety Council ......................
84
{ uu
I 1w, -wnll
LLleague of minnesota cities
Policy Title Priority
DS -1 Tax Increment Financing A
DS -2 Economic Development Authorities A
DS -3 Development Financing A
DS -4 Housing B
DS -5 Economic Development Funds B
DS -6 Municipal Service Districts B
DS -7 Community Development Principles C
DS -8 Tax -Exempt Status of Land Held by Cities for Development C
DS -9 Small Cities Community Block Grant Program C
1 63 university avenue east, st. paul, minnesota 551 01 (61 2) 227-5600
-1-
DS -1. Tax Increment Financing (A)
The League recommends that tax increment financing remain available for
cities. Cities are willing to work with the Legislature to improve the program,
as well as correct any problems with tax increment financing.
Tax increment finance has permitted many cities in various parts of the
state to define and carry out rehabilitation, redevelopment, housing, and
economic development projects on their own initiative. It represents the most
feasible and effective legal strategy which is currently available to cities to
preserve and improve their physical and economic environment.
In view of the dramatic reductions in federal assistance for development
and housing, tax increment finance remains one of the few options available for
cities to promote growth and development in their cities.
The League opposes volume limits or penalities for municipal use of tax
increment finance. Should the Legislature decided that particular tax increment
finance practices should he modified, those practices should be dealt with
through specific proposals rather than the establishment of a volume limitation.
-3-
1
DS -2. Economic Development Authorities (A)
The League supports legislation which would provide city economic
development authorities with the same power and authority as certain cities have
been granted in special port authority acts
The League believes that it is unfair and unreasonable to grant greater
authority and power to some cities in the economic development field and
requests the following legislative changes accordingly:
1. Authorize all cities to designate economic development areas anywhere
within their jurisdiction, not as present law provides requiring that economic
development areas be continguous and meet the tax increment finance
redevelopment/blighted area test.
2. Authorize the issuance of debt with respect to project activities
within economic development districts without a referendum.
3. Authorize a separate levy of .75 mills for economic development
purposes.
4. Authorize the economic development authority to build buildings or
structures on land owned by the authority.
�4-
DS -3. Development Financing (A)
The League supports the continued use of industrial development bonds and
other tax-exempt instruments as development tools.
The following principles should apply to the allocation of tax-exempt
development authority:
1. A maximum of Minnesota tax-exempt development allocation authority being
retained by municipalities.
2. The maintenance of local discretion and flexibility in development
decisions.
3. The minimization of state control of local development decisions.
Tax-exempt financing allows cities to undertake a diverse range of
activities to prevent economic deterioration, to attract new businesses and
jobs, to retain existing businesses and jobs, and to maintain and strengthen the
local tax base.
Pending federal tax legislation would substantially change the
applicability of tax-exempt development financing. Should the state become
involved in designing a new system appropriating tax-exempt bond authority to
cities, the League recommends that the above three principles apply, in general,
and that the League be centrally involved with the governor and the Legislature
in fashioning an equitable system.
-5-
3, LP
DS -4. Housing (B)
The League of Minnesota Cities supports legislation that preserves and
improves the financing tools available to cities for the construction and
rehabilitation of housing.
Federal tax reform legislation as well as substantial cuts in HUD housing
programs have dealt a severe blow to many cities' housing efforts. State
legislation preserving existing tools such as tax exempt finance, interest rate
write down, and taxable options in tax increment and revenue bonding are more
important than ever. In addition, new legislation providing cities with new
resources must be considered. Cities recognize that incentives for the
construction and rehabilitation of housing form a vital part of city
redevelopment efforts and serve the housing needs of its citizens, especially
those of low and moderate incomes.
The League also supports new legislation which includes specialized
opportunities for small communities to participate in state housing and
development programs.
The League, in general, supports amendments to Chapter 462C necessary to
further assist cities in using housing revenue bond programs both as a
redevelopment tool and as a way to provide housing for low- and moderate -income
households.
As for the Minnesota Housing Finance Agency (MHFA), program funds should be
targeted to cities in a manner consistent with local plans and programs. The
MHFA should continue to improve its procedure whereby representatives of a
diverse group of cities, chosen in consultation with the League, can participate
in targeting funds to cities.
DS -5. Economic Development Funds (B)
The League supports legislation authorizing cities to use general funds or
bond proceeds to establish funds for the promotion of economic development
activities within the city.
Recently cities have sought special legislation to establish special funds
intended to be used to promote economic growth within their communities. These
"capital seed funds", are financed either through general fund monies or general
obligation bond proceeds. Cities have used them for the purposes of making
grants, loans, and other development activities.
-7-
DS -6. Municipal Service Districts (B)
The League supports legislation which would allow cities to create
municipal service districts. Cities should be allowed to finance the types of
improvements listed in M.S. 429.021 (relating to the construction, replacement,
and maintenance of such things as streets, sidewalks, gutters, storm and
sanitary sewers, waterworks systems, street lights, and public malls, parking,
or courtyards). Both service charges and ad valorem property taxes should be
available to finance services or capital improvements in the district.
Recent court decisions concerning special assessments have made it more
difficult for cities to use special assessments to finance public services and
improvements. The Minnesota Supreme Court has interpreted the state
Constitution to require not only that a special assessment project "specially
benefit" affected parcels of property, but also that the city be able to prove
that the market value of a property will increase in direct relation to the
amount of the special assessment applied to that property.
This interpretation has created particular problems for several important
city functions. First, it is more difficult to assess all (or even part) of a
capital improvement project to repair or replace, as opposed to newly built
improvements. This hinders cities from meeting the widely recognized need for
maintenance of the existing public infrastructure.
Second, cities' ability to finance annual operating and maintenance costs
of some services to property through the use of special service charges is
either unclear or non-existent under current law.
The only current financing alternative to special assessments or service
charges is the general property tax. But it may not be desirable to use the
general property tax to finance some capital or operating expenses. For
example, if a road is used almost exclusively by people living in one corner of
a city, it may be bad public policy to require the cost of replacing that road
to be borne by all the property in the city. This is especially true if the
property in the rest of the city has already been assessed for similar
improvements.
Or, if the central business district or mall of a city benefits from more
frequent snowplowing or street cleaning, better lighting, etc. it may not be
good policy to have all the city taxpayers share in those expenses.
DS -7. Community Development Principles (C)
The League supports legislation which continues state assistance to cities
for community and economic development. The League encourages the Legislature
to appropriate funds for direct assistance to business for economic development.
As a matter of principle, the state should not encourage the use of such direct
assistance for the sole purpose of moving businesses from one Minnesota city to
another. Technical assistance should be furnished by the appropriate state
agencies to aid cities in promoting local development activities.
Minnesota cities have traditionally been responsible for their own economic
growth. During the '60s and '70s, cities promoted development through the use
of industrial revenue bonds, tax increment financing, and housing (or mortgage
revenue) bonds. Substantial federal grant programs supplemented local resources.
The economic realities, of. the 1980s require even greater efforts by cities
in community and economic development. As federal assistance disappears, cities
are forced to become more creative in the use and leveraging of available
resources.
In recent years, the state has assisted cities' development efforts through
legislation and agency -administered programs, including Minnesota Main Street,
Star Cities, Minnesota Housing Finance Agency loan programs, and small business
rehabilitation loan programs. State legislation must continue to provide
maximum flexibility for cities to carry out community development activities.
Additionally, the state must actively promote economic development through
direct assistance to businesses and more extensive technical assistance to
maximize cities' ability to leverage local, state, and federal resources.
Any proposed community and economic development legislation should respond
to the following concerns:
1. Protection of cities' ability to finance capital improvements;
2. Management of economic growth to maximize cities' existing capital
investment;
3. Revitalization of cities reversing the trend of dispersion of population
and economic activity;
4. Recognition and allowance for the great differences between cities
regarding their stages of growth and development, demographics, and types of
economic activity within and adjacent to their borders; and
5. The Legislature should enable the Small Business Finance Agency to
package projects which are approved by local city councils into larger
industrial revenue bonds.
man
DS -8. Tax -Exempt Status of Land Held by Cities for Development (C)
The League supports granting unlimited tax-exempt status to property held
by cities and their political subdivisions for later resale to promote economic
development.
Up until recently, almost all property owned by political subdivisions was
granted tax-exempt status. In 1979, the Legislature changed the law to provide
that property held by a political subdivision of the state for later resale for
economic development purposes would be considered a public purpose and therefore
tax-exempt for a maximum period of three years. In 1984, the Legislature
revised the statute, providing tax-exempt status for a period of eight years in
most situations and granting an exemption for an unlimited period of years if
the property is held for housing programs or is classified as "blighted land"
under state law.
The 1984 law provides, however, that the property will be taxable if the
property is acquired for economic development purposes, and building or other
improvements are constructed after acquisition of the property, and if more than
one-half of the floor space of the buildings or improvements available for lease
to or use by a private individual, corporation, or other entity is leased to or
otherwise used by a private individual, corporation, or other entity.
The overall intent of the statute is to create an incentive for political
subdivisions to engage in economic development activities as well as to promote
moving the property back onto the tax rolls. Unfortunately, it does not fully
recognize that the process of developing industrial and economic growth,
rehabilitating, or building housing may extend over a long period of time. The
uncertainty caused by the vague provision on improvements and leasing of
one-half of the property discourages cities from being active in establishing
and maintaining local development corporations, from retaining as much control
as possible over their economic development and planning process, and from being
selective as to the type of development which may occur in the city.
Cities have every incentive to get property back on the tax rolls as soon
as possible. Therefore, the League recommends that the provision concerning
one-half installation of improvements be deleted or at the very least clarified,
and that the eight-year limit on tax-exempt status be removed.
-10-
DS -9. Small Cities Community Block Grant Program (C)
The League supports the state's continued administration of the Small
Cities portion of the Community Development Block Grant (CDBG) program. The
League also supports the continuation of the set-aside of federal funds for
economic development grants and augmented state appropriations to supplement the
federal funds set aside. The League discourages any legislative attempt to deal
statutorily with complex, specific program criteria that are best handled
administratively.
The Small Cities CDBG program should continue as a source of funding which
encourages cities to "develop viable communities by providing decent housing and
suitable living environment and expanding economic opportunities, principally
for purposes of low- and moderate -income," in compliance with congressional
intent. The state should maintain the CDBG program balance between cities'
economic development needs and the needs of low- and moderate -income people.
Cities should retain maximum flexibility in determining how to carry out CDBG
program objectives.
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LLLLU.-
ff T15 1-111
league of rninnesota cities
Policy
Priority
GSGL-1
Tort Liability and Insurance
A
GSGL-2
Open Meetings
A
GSGL-3
Mandates
B
GSGL-5
Purchasing Authority of Plan B Managers
B
GSGL-6
Towing of Abandoned Vehicles
B
GSGI.-7
State Licensing of Contractors
B
GSGL-8
State Audits and City Financial Reporting Requirements
B
GSGL-9
Government Training Service
B
GSGL-10
Charitable Gambling Enforcement Fees
B
GSGL-11
Joint Powers Act
B
GSGL-12
Cable Communications
B
GSGL-13
Conflict of Interest/Incompatibility of Offices
B
GSGL-14
Absentee Balloting
B
GSGL-15
Precinct Boundary Changes
B
GSGL-16
Uniform Local Government Election Day
B
GSGL-17
Campaign and Finance Disclosure
B
GSGL-18
Voting Equipment
B
GSGL-19
Election Day Registration and Administrative Improvements
B
GSGL-20
Optional Poll Hours
C
GSGL-21
City Election Campaigns
C
GSGL-22
Primary Dates
C
1 33 university avenue east, st. paul, minnesota 551 01 (61 2) 227-5600
-13-
GSGL-l. Tort Liability and Insurance (A)
The League supports legislation reducing the exposure of cities to civil
lawsuits without unduly restricting, an injured party from recovering
compensation from negligent individuals and supports actions ensuring the
availability and affordability of insurance coverage for cities.
While many debate whether there has been an "explosion," it is fairly well
established that the growth of tort 'Litigation over the past several years has
resulted in increasing liability for governmental entities, private businesses,
and individual citizens. Additionally, business practices of insurance
companies have played a significant role in the recent insurance crisis. The
League supports reasonable reforms dealing with both sides of the liability
insurance issue.
The Municipal Tort Liability Act was enacted in 1963 to protect the public
treasury while giving the citizen relief from the arbitrary, confusing, and
administratively expensive prior doctrine of sovereign immunity with its
inconsistent and irrational distinctions between governmental and proprietary
activities. The act has served that purpose well in the past. However, courts
frequently forget or ignore the positive benefits secured to citizens damaged by
public servants as a result of enactment of the comprehensive act which includes
some limitations on liability and some qualifications of normal tort claims
procedure.
The special vulnerability of far-flung government operations to
debilitating torr_ suits continues to require the existence of a tort claims act
applicable to local governments or local governments and the state. The need
for some type of limitations is evidenced by recent experiences with the
insurance market.
The 1986 Legislature responded to some of these concerns in enacting the
1986 Tort Reform Act, but the problems continue to exist and further action is
necessary. The League recommends the following changes in the tort liability
system:
1. The procurement of insurance should not constitute a waiver of any
limitation or immunity provided by law except the dollar limitations and in that
event the policy must expressly waive such limitation with specificity.
2. Punitive damages, intended to punish and deter egregious conduct, have
not been effective because the standards of applicability have been too vague.
The League does not oppose the total elimination of punitive damages, but would
prefer that the Legislature specify that punitive damages may be awarded only
when the conduct involved manifests malicious and flagrant indifference to
safety, and places monetary limits on such awards.
If however, the Legislature is unwilling to raise the standards for
punitive damages, it must address the concern of city officers and employees who
may be personally liable and cities should be given the option to either defend
and indemnify or not to defend and indemnify its officers or employees for
punitive damages claimed and levied against them. Such decisions must be made
by the city within a reasonable time after being served with a summons and
-14-
GSGL-1. Tort Liability and Insurance (cont'd) (A)
complaint alleging conduct that may result in a punitive damage claim. The
decision of the city should be inadmissable in any trial in which the claim of
punitive damages is made.
3. The fault -based system of damage awards has apparently eroded. In
order to facilitate the return to a fault -based system, joint liability should
be abolished in cases where defendants have not acted in concert and a modified
comparative fault system should be used to evaluate the actions of other persons
involved with the injury and assess damages in proportion to the amount of each
person's fault. If however, the Legislature is unwilling to do this, it should
modify the 1986 legislative language dealing with joint liability to make it
apply to all defendants or establish a legislative rationale foz having it apply
only to governmental entities.
4. In order to protect any enacted legislation from constitutional equal
protection challenge, the Legislature should establish rationales defining the
problem being addressed and the intent of the Legislature.
-15-
GSGL-2. Open Meetings (A)
The League recommends that the Open Meeting Law be amended to conform to
the Data Practices Act.
City officials strongly support the basic premise of the Open Meeting
Law --to assure the public's right to be informed about the conduct of public
business. Experience with this law since 1974, however, indicates clearly tkat
there are areas where the legislation should be amended in the public interest.
The League believes that there are certain specific instances where the public
interest would be better served by permitting a local governing body to meet in
executive or closed session.
These instances include certain discussions relating to employees such as
"hiring" interviews, discussions regarding the purchase or sale of land for a
public purpose, and discussions of information protected under the Data
Practices Act. These latter situations are particularly troublesome since it is
often necessary for the council to choose between violating either the Open
Meeting Law or the Data Practices Act.
Additionally, the League opposes any legislative attempt to alter the
recent court ruling that the Open Meeting I.aw applies only to meetings where a
quorum of the governing body or its established committees is present. The
ruling clarified the law which was often viewed as applying to any meeting
between two office holders. Limiting the application of the law to gatherings
of a quorum or more is a common sense approach to implementing the statute and
should not be altered.
-16-
GSGL-3. Mandates (B)
The League opposes any additional mandates unless the Legislature provides
adequate revenue sources to implement the law.
One of the most serious problems facing cities is the growth in the number
and cost of federal and state -mandated programs which substitute the judgments
of Congress and the State Legislature for local budget priorities. Recent
examples of costly mandated programs include comparable worth, employee right to
know, legal compliance audits, and newspaper publications. Special bills to
address this problem on an ad hoc basis have not provided a permanent or
statewide solution to these problems.
The League therefore supports the 1985 legislation which requires the state
to adopt a policy of deliberate restraint on its mandated programs, including
providing a mandatory fiscal note identifying local government costs on any new
mandated programs when they are introduced in the legislature and a statement of
compelling statewide interest to accompany all state mandates. The League
further supports the recently adopted Governor's Advisory Council on State and
Local Relations recommended guidelines for mandating for the legislative and
executive branches.
Revenues or alternative revenue producing mechanisms, other than the
general property tax subject to levy limits, must accompany new mandates. Also,
the Legislature should repeal obsolete, unnecessary, and unduly restrictive
mandatory laws and rules.
-17-
GSGL-4.
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CSGL-5. Purchasing Authority of Plan B Managers (B)
The League supports changing the purchasing authority of city managers in
Plan B cities from $1,000 to conform to the figures in the Uniform Municipal
Contracting Law.
Currently the law allows Plan B city managers to make purchases under
$1,000 without council approval. This provision has not been changed for many
years and inflation has seriously eroded the utility of the provision. The law
should be amended to increase the figure to the dollar amounts in the Uniform
Municipal Contracting Law which allows purchases under $15,000 to be made
relatively easily.
GSGL-6. Towing of Abandoned Vehicles (B)
The League supports legislation clarifying the authority of cities to
impound abandoned motor vehicles.
Recently, the Legislature passed Minnesota Statutes 465.75 which prohibits
a private vehicle tower from removing a motor vehicle from private property
unless he has the permission of the owner of the vehicle or of the owner of the
property. While the intent of this statute to prohibit hawkish towing companies
from improper towing practices is laudable, the ramifications of the law go too
far.
Cities are authorized to impound abandoned motor vehicles and Minnesota
Statutes 168B.04 provides a detailed process to accomplish the removal of
health hazards and eyesores. Unfortunately, the recent legislative act could be
construed to prohibit cities from utilizing private towers to remove and impound
abandoned or junked automobiles.
Cities could be forced to use its own employees and equipment because it is
not "in the business of towing." The law should be amended by adding an
exclusion for private towers who act at the direction of a city following the
procedures prescribed in Minnesota law.
-19-
GSGL-7. State Licensing of Contractors (B)
The League opposes the state's takeover of trade contractor licensing.
Licensing of general trade contractors and various other activities has
long been a local prerogative, and the mechanism for license review, issuance,
and enforcement is already in place. The primary reason that local licensing
has been successful and therefore maintained at the local level is that
inspection and enforcement personnel reside at the local level, know the area
and activities, and are familiar with local ordinance and restrictions, thus
providing better and faster enforcement.
Suggestions have been made to form a statewide licensing authority and
split the revenue among the licensing agency and various municipalities with the
cities maintaining enforcement tasks. It is questionable under this arrangement
if either the agency or municipalities would have enough funds to accomplish the
respective tasks. The current proposals seem to overly complicate the existing
system which is effectively regulating the contractors and may result in a
reduction of small contractors who operate in only a limited number of
communities.
GSGL-8. State Audits and City Financial Reporting Requirements (B)
The League supports continuation of the existing auditing and financial
reporting requirements for cities.
Minnesota has one of the most modern and rigorous systems of oversight of
municipal finances in the nation. The state auditor currently reviews annual
financial reports of cities. Cities over 2,500 must have annual audits and the
state auditor has the authority to audit a city upon receipt of a petition.
There is no need to require cities under 2,500 to follow more rigorous
accounting requirements than presently exist or to have annual audits.
Additionally, the state auditor should not be given the power or
responsibility to audit local governments or their instrumentalities. The
League supports requirements that provide copies of local audits be sent to the
state auditor on a regular basis. The private sector is fully competent to
conduct governmental audits and may be more economical and practical than a
state agency.
-20-
CSCL-9. Government Training Service Funding (B)
The League supports continued state financial funding for the Government
Training Service.
The Government Training Service (GTS) has been invaluable in maximizing
training opportunities while minimizing training costs for local government
officials and staff over the past ten years. Both the need and the demand for
services are greater than ever during these times of tight budgets.
GTS continues to respond on behalf of all local jurisdictions in Minnesota
by developing innovative, low-cost alternatives and exploring cost-effective
delivery systems. The Legislature should continue state financial support for
GTS.
GSGL-10. Charitable Gambling Enforcement Fees (B)
The League supports legislation modifying the charitable gambling statute
to provide local units with a share of the annual state permit fees and a
portion of the tax proceeds to reimburse local units for enforcement costs.
Since the establishment of the State Charitable Gambling Control Board and
liberalization of the charitable gambling permitted within various
establishments, there has been a significant increase in local enforcement needs
and costs, while the main source of funding these costs, the local license fee,
has been precluded by state action from being used. The 1986 legislation
authorizing an investigation fee does not raise sufficient revenues to
compensate cities for costs of enforcement.
GSGL-11. Joint Powers Act (B)
The League supports efforts to study the current Minnesota Joint Powers Act
and recommends that the Legislature refrain from enacting any major changes to
the act prior to completion of such a study.
In conducting a review of the current act the League urges the Governor's
Advisory Council on State -Local Relations or the Legislature to consider the
policy behind establishing such boards and the need to encourage cooperation
between governmental units. The main goal of the study should be to encourage
the use and establishment of joint power boards.
-21-
GSGL-12. Cable Communications (B)
The League supports continuation of the existing Minnesota Statutes Chapter
238.
Cities in Minnesota enjoy among the most modern and technically sound cable
communications systems in the world due to strong partnerships and commitments
among cable operators and federal, state, and local governments. These
relationships are defined at the federal level by the Cable Communications
Policy Act of 1984, at the state level by Minnesota Statutes Chapter 238, and at
the local level by local cable franchise ordinances.
In 1985, the Minnesota Legislature abolished the Minnesota Cable
Communications Board, an appointed body of the Department of Administration
which promulgated and enforced Minnesota Statutes Chapter 238 and its
accompanying rules. This legislation codified some previously existing board
rules into statutory form and reassigned responsibility for the enforcement of
Minnesota Statutes Chapter 238 from the board to the commissioner of commerce.
Minnesota Statutes Chapter 238, in its present form, is very important to
local governments because it protects cities rights to enforce local standards
and cable operator commitments for technical, construction, and programming
performance.
No changes should be made to Minnesota Statues Chapter 238 until a thorough
and cooperative effort involving local and state government and cable operators,
is completed. Such an effort should include analysis of present federal and
state law and contemporaneous judicial and business environments.
GSGL-13. Conflict of Interest/Incompatibility of Offices (B)
The League supports legislation that clarifies state law as it relates to
official conflict of interest and incompatible offices.
City and other local. government officials have expressed concern over the
confusing law dealing with official conflicts of interest. The law is written
in such a way that applying it to situations involving both contractual and
non -contractual conflict of interest has caused numerous problems. Therefore,
the League supports amendments clarifying this area of the law.
-22-
cc
GSGL-14. Absentee Balloting (B)
The League supports legislation to clarify absentee voting ballot
requirements to assure that all ballots are available according to statutory
requirements.
The League supports the use of punch card voting devices for absentee
balloting in health care facilities and mailed absentee ballots.
Currently, the law allows the use of punch card devices for absentee
balloting when a voter applies in person to the city clerk or county auditor for
an absentee ballot. The League recommends that the law be expanded to include
use of punch card devices for all absentee balloting, including mailed ballots
and absentee balloting in health care facilities.
School districts ballots are not available the 30 days in advance as
required by law due to their filing dates. Filing dates should be changed in
order to comply with the Minnesota election law.
GSGL-15. Precinct Boundary Changes (B)
The League supports legislation to provide a more orderly way in which to
deal with redistricting after a legislative reapportionment plan is filed.
Current law requires counties to redistrict county commissioner districts
within 180 days after receiving final census figures. Cities are not permitted
to change precinct boundaries during a five year period ending January 1 in a
year ending in two. Therefore, counties following city ward and precinct lines
use old boundaries, which in many cases will need to be changed before the 1992
elections.
-23-
GSGL-16. Uniform Local Government Election Day (B)
The League opposes the designation of a uniform local government election
day.
Home rule charter cities currently have the authority through their
charters to designate when they want to hold their local elections. Statutory
cities may establish either an odd or even year November election date.
Decisions affecting only local units of government should be made at the
local level unless an overriding state interest can be demonstrated. The League
believes that there is no statewide necessity to provide for a uniform local_
government election day. However, if the Legislature enacts a uniform local
government election day, the following features must be included:
1. Home rule charter cities should retain the option of setting their own
election date.
2. Municipal primary elections should continue to be optional.
3. All direct costs of state -mandated changes and additions to present city
election duties should be paid by the state.
-24-
GSGL-17. Campaign and Finance Disclosure (B)
The League supports legislation which would simplify the election process
so that it would encourage rather than discourage candidates for local office.
1. Distinctions between types of campaign committees and reporting
requirements should be eliminated.
2. The League opposes any state -mandated requirement of candidates for city
office to file statements of economic interest.
3. The League opposes campaign contribution limits or reporting
requirements in cities less than 20,000 population.
4. To the extent permitted by the state and federal Constitutions,
individuals who actively seek to influence the nomination, election, or defeat
of a candidate or ballot question through the expenditure of their personal
funds, or funds they solicit, should be required to make reports to the same
extent as corporations, associations, or persons working together.
GSGL-18. Voting Equipment (B)
The League supports present law which allows a city the option of selecting
which state -approved equipment it determines will best suit its needs and
opposes any state -mandated system of voting equipment.
-25-
GSGL-19. Election Day Registration and Administrative Improvements (B)
The League supports voter registration prior to election day and encourages
legislation to improve the current system of voter registration.
The following steps would improve the current system:
1. Election day registration and voting should be permitted, but not
mandated, to take place in adjacent rooms.
2. Require public entities to make available facilities for polling places.
3. Certain penalties for election day infractions are so severe that they
constitute a barrier to effective enforcement of the law. The League recommends
that the laws be reviewed and modified where necessary so that the laws can be
effectively enforced.
4. The League encourages the promotion of pre-election day registration
through the media and all other available means.
5. Permitting election judges to sign ballots prior to sending out absentee
ballots.
6. Write-in candidates with less than five percent of the total vote cast
would need not be listed on election returns.
7. Require the use of county registration systems at school district
elections when held in conjunction with state or municipal elections and to
follow state and municipal election laws.
GSGL-20. Optional Poll Hours (C)
The League opposes current law that mandates all cities, regardless of
their size, to have their polls open 7:00 a.m. to 8:00 p.m. for state elections.
Prior to 1983, cities under 1,000 population located outside the
metropolitan area could by resolution fix the pall hours no later than 9:00 a.m.
for a state general election and no later than 5:00 p.m. for a state primary.
This flexibility would reduce costs to very small cities.
The League also supports legislation for municipalities to set their
polling hours by referendum.
-26-
GSGL-21. City Election Campaigns (C)
The League supports extending income tax credits or deductions for
contributions to city election campaigns.
Candidates should be encouraged to seek broader backing from among
constituents. Extending income tax credits or permitting deductions by using
criteria for state deductions should be permitted for city election campaigns.
GSGL-22. Primary Dates (C)
If the Legislature enacts a change in the primary date, the law should
provide that the filing dates for municipal and school district offices should
close no less than 45 days prior to an election to provide ample time to prepare
and distribute absentee ballots.
1. Filing dates for municipal and school district offices should close no
less than 45 days prior to municipal or school district elections to provide
ample time to prepare and distribute absentee ballots.
2. Changes in the primary dates should consider that filing dates for
state and municipal elections should be as uniform as practical.
-27-
m
U league of minnesota cities
Policy
Title
Priority
LUEET-1
Wastewater Treatment
A
LUEET-2
Land Use, Planning, and Annexation
A
LUEET-3
Solid and hazardous Waste Management
B
LUEET-4
Transportation
B
LUEET-5
Ground and Surface Water Management
B
LUEET-6
Regulation of Pesticides and Other Chemicals
B
LUEET-7
Eminent Domain Law
C
LUEET-8
Energy Conservation and Production
C
I 83 university avenue east, st. paul, minnesota 551 01 C61 21 227-5600
-29-
LUEET-1. Wastewater Treatment. (A)
LO
The League supports increased state and federal assistance, and alternative
programs, which provide financing for wastewater treatment construction
projects.
Clean water is vitally important to the citizens of this country and
particularly to residents and visitors of Minnesota. Minnesota's cities remain
committed to improving water quality. Unfortunately, the costs involved in
providing cleaner water are staggering. Because of the incredible cost, it must
be recognized that it is economically impractical to immediately eliminate
wastewater pollution. Therefore, all levels of government must take a
reasonably balanced approach to solving the wastewater pollution problem.
The ability of cities to comply with any clean water program must be
recognized as contingent upon the availability of adequate funds for treatment
facilities. Since 1978, federal funding for the wastewater treatment
construction grant program has been cut in half. Additionally, the federal
share of construction grants dropped from 75 to 55 percent in fiscal year 1985.
The same budget constraints facing the federal government exist at the state and
local level but to a greater degree due to a limited income base.
It is unfair to those city residents who in the past have contributed their
federal tax dollars to projects in other locations to be faced with a tripling
of the local share for a project in their area. For this reason, if the federal
government does not return the federal share for rehabilitation, repair,
upgrading, and new construction of treatment facilities to 75 percent, the state
should be the level of government to bear the increased burden. Alternatives to
grant programs, such as revolving loan funds are acceptable financing
alternatives to the extent that grant programs are not sufficiently funded and
the loan program is supplementary to, and not a replacement for, grant programs.
Any loan program should take into consideration varying local financial
capabilities.
The League commends the Legislature for the enactmez,t in 1984 of a separate
state grants program and 1985 legislation which increased overall state
financing assistance in certain circumstances. Increased revenues are needed
for this program and the League opposes any reduction in the amount of the
cigarette tax dedicated to wastewater treatment funding. The Legislature should
increase state -provided financing assistance through a general fund
appropriation, state bond proceeds, or other appropriate sources.
The League recommends that the Legislature establish an expanded
reimbursable grant program using up to one-half of the funds currently
appropriated to wastewater treatment. This program, to be offered to
communities on a totally voluntary basis, should seek to encourage immediate
construction with minimal prior review by the Minnesota Pollution Control Agency
and provide reimbursement to communities on the basis of proven performance in
reducing pollutants in wastewater effluent. The program should be structured to
the extent practical to avoid discouraging privatization and innovative
treatment methods.
-30-
LUEET-1. Wastewater Treatment (cont'd) (A)
The League supports a full review by the Legislature of proposed water
quality permit fees and opposes the imposition of these fees on local units of
government to the extent that they only serve as an alternative means for the
state to raise revenue. If fees are determined to be properly imposed on
governmental units, the fees should be based solely on the cost of actually
providing governmental services to the political subdivision and private sector
alternatives should be made available to ensure minimal costs to local
taxpayers. The League, however, does not oppose financing mechanisms which seek
to equalize past grants with present or future grant programs.
It is inequitable and the League opposes efforts by either the state or
federal governments to institute enforcement actions or impose increased fees or
charges against communities for failure to meet effluent standards while at the
same time assigning these communities a low priority on the needs list for state
and federal funding.
-31-
—T—,�O
LUEET-2. Land Use, Planning, and Annexation. (A)
The League supports a recodification of the existing planning enabling
statutes to the extent that the proposals do rLct restrict local governments'
current flexibility to address either procedural or substantive unique
circumstances.
In conducting a review of any proposal affecting land use, planning,
development, or annexation, the League urges the Governor's Council on State
Local Relations or the Legislature to consider that public policies which
encourage substantial development in non -urban areas and which extend public
services beyond existing jurisdictions and service areas are wasteful and
counter-productive. Additionally, it should be accepted by all that prime
agricultural land is a major natural and economic resource and any state land
use strategy must include as a major objective the preservation of prime
agricultural land.
Particular attention should given to the problem of development and the
delivery of governmental services to urbanizing fringe areas. Recommendations
and proposals for statutory change should be presented to the 1987 Legislature.
Pending these recommendations, the League urges the Legislature to refrain from
amending the state's planning and annexation statutes in any way in the 1987
session.
State law should continue to encourage the preservation of prime
agricultural land and discourage the development of such land outside designated
growth areas to be served by a city. The state should also encourage local
governments to adopt agricultural preservation policies and ordinances.
It must also be considered that, even if these steps are taken, a great
deal of development will still occur in the fringe areas surrounding cities.
The League recommends as a long-term goal that state statutes regulating
annexation be changed to make it easier for cities to annex this developed or
developing land, in order to insure the integrity of our governmental systems.
It is unfair to city residents to have individuals avoid paying their fair share
for municipal services provided by the city government by living in the fringe
area around a city.
-32-
LUEET-3. Solid and Hazardous Waste Management (B)
The League supports state programs designed to minimize or eliminate the
need to landfill solid and hazardous waste.
The problem of regulating, controlling, and disposing of solid and
hazardous waste will be one of the major environmental issues of the next
decade, both nationally and locally. Major state legislation addressing this
issue has been enacted annually since 1980. These acts responded to the
concerns and issues raised by the League and local government and we commend the
Legislature for its actions.
The existing waste management and control system for the handling and
disposal of hazardous materials centralizes responsibility at the state level
but requires the cooperation and support of all. levels of government. The
system established for solid waste is more diffuse, relying ou cities to control
and regulate collection, counties to regulate or operate existing landfills, and
the state to coordinate responsibilities and plan for future disposal needs.
Both systems have been designed to foster and encourage abatement, recycling,
and resource recovery for as much of the waste stream as possible and then to
assure environmentally sound disposal for the remaining waste.
The system has not been entirely implemented as yet, but it appears to be
working and therefore the League does not perceive a need for major changes to
existing legislation at the present time, but any future legislation that may be
considered should enhance and not diminish the emphasis on these concerns:
1. Effective Planning. To the greatest extent possible, all levels and
units of government and the private sector should be involved in all phases of
planning and managing the solid and hazardous waste streams to assure a
cost-efficient and environmentally sound solid waste and hazardous waste
disposal system.
2. Alternatives to Landfills. The League strongly endorses abatement,
recycling, and resource recovery activities and programs to reduce the need for
the land disposal of waste. The goal should be to reduce to the maximum extent
practical the need for land disposal of unprocessed solid waste, and to totally
avoid the land disposal of hazardous waste.
The League would support the eventual prohibition of disposal of
unprocessed solid waste in landfills as cost-efficient alternatives are
developed and funding is provided to cities to implement their responsibilities
in a revised solid waste management system. A tax on solid waste deposited in
landfills would be supported by the League if the funds derived from the tax
would be used to establish a fund to pay for post -closure costs of landfills and
to finance recycling and abatement programs in the political jurisdiction where
the tax is derived.
In order to make local waste programs viable, a process for regulating the
flow of solid waste must be available to provide a sufficient source of waste
for any recovery program or facility. The League also supports the concept that
producers of solid waste should pay the true and full costs of solid waste
disposal and commends the Legislature for its forward looking initiatives during
-33-
E 0 Zr
LUEET-3. Solid and Hazardous Waste Management (cont'd) (B)
the 1984 session in which a three -tiered system of fees on land -disposed solid
waste was established with the intent of establishing a fee structure based on
the type of waste disposed of in landfills. The Legislature should continue to
fund educational efforts on the subject of solid and hazardous waste disposal,
including alternatives for the disposal of household hazardous waste. 'I-
3. Compensation and Incentives for Communities. Waste disposal facilities
have many undesirable impacts on "host" communities, and compensation for all
direct and indirect costs incurred by the community should be provided. Direct
costs include such things as fire protection, water and sewer services, buffer
zone design and amenities, and litter clean-up, while indirect costs include
such items as road maintenance, monitoring costs, end-use planning, and city
administrative costs associated with the facility. The current authority for
landfill host communities to impose a fee on waste deposited in the landfill
should not be reduced.
4. Funding for Environmental, Personal, and Property Damages. Recent
studies have indicated that most, if not all, landfills eventually cause
groundwater contamination problems. It is largely undetermined at this point
what the eventual impacts will be, and in contemplation of this, the League
supports a surtax on solid waste going into landfills which will go into a fund
dedicated to compensate people or communities injured or damaged by adverse
environmental incidents caused by environmental contamination, including real or
personal property damage, personal injuries, clean-up activities, and
alternative water supplies.
5. Clean-up of Hazardous Substance Locations. The clean-up and
decontamination of existing hazardous waste sites should continue before there
is further damage to public health and environment. If a responsible party can
be identified, that party should be liable for clean-up costs and personal
injury damages as defined in law. If a responsible party cannot be identified,
then the clean-up should be financed by the state superfund.
6. Condemnation Awards. The League supports legislation ensuring that
condemnation awards to compensate for a taking of polluted land are adjusted to
accurately reflect the fair market value of the land in its polluted condition
rather than its fair market value after pollutants are removed by the acquiring
authority.
-34-
LUEET-4. Transportation (B)
The League supports jurisdictional reassignment of roads based on
functional classification but opposes any program for turnbacks that does not
provide a corresponding source or mechanism of funding these roads.
An efficient transportation system is a vital element in planning for the
fiscal, economic, and social development at state, regional, and local levels.
Since the agricultural and recreational economy of the state and its cities are
dependent upon highway transportation, it is necessary to determine the
long-range highway needs to assure the vitality of the state's economy.
Furthermore, environmental concerns and the need to conserve energy require
that alternate modes of transportation be utilized in meeting the diverse needs
which exist in various communities and regions of the state. In order to
provide a more adequate state governmental structure and funding mechanism for
transportation system planning and development, the League recommends that the
following changes be made:
1. Turnbacks. The State Highway Study Commission has been studying the
possibility of reclassifying many roadways in the state as to appropriate use
classifications and jurisdiction. The increased cost for cities to assume
responsibility for general maintenance and life cycle treatment far exceeds the
current financial capacities of cities. For this reason, no wholesale program
of highway turnbacks should be instituted at this time.
Instead, existing mechanisms for the orderly turnback of roads should be
fine tuned, including increasing the level of funding in the municipal turnback
account, and prohibiting unilateral revocations or turnbacks by road authorities
unless a hearing is held and the road is brought up to its normal maintenance
standards before the revocation is effective.
Other changes needed to facilitate turnbacks include:
a) State aid rules should be changed to allow counties to upgrade county
state aid highways using c.s.a.h. funds prior to turnback with city concurrence
and without penalty as currently imposed by the rules;
b) The League supports use of a portion of the highway motor vehicle excise
tax to provide an adequate source for turnback funds, and;
c) The League supports allowing cities to determine if a turnback road will
be designated as a state -aid road or local street and if the city chooses to
designate the road as a state -aid road this designation should not affect the
standard designation process so that developing cities will be able to continue
to designate a percentage of new road growth as part of the state -aid system.
2. An adequate level of highway user funds should be maintained so that
highway maintenance and reconstruction may be continued, and adequate funds be
available for the state -aid street program.
3. The League supports the continued. dedication of the sales tax on motor
vehicle sales for transportation purposes, and advocates the prompt transfer of
the motor vehicle excise tax into the highway user and transit assistance fund.
-35-
LUEET-4. Transportation (cont'd) (B)
The Legislature has recently taken appropriate steps in this direction by
increasing license fees and the gasoline tax to maintain this fund. Efforts
should be made to eliminate any inequities in the motor vehicle license fee
schedules and other vehicle taxes.
The League supports legislative efforts to establish a system of direct
appropriations to cities under 5,000 out of the 29 percent county share of the
highway user funds at least to the extent that townships receive direct
appropriations, as well as mandatory state guidelines concerning county use of
these funds to ensure that all communities within a county receive an equitable
share of these funds. Further, the state should establish minimum county
funding participation requirements for projects.
4. The special state bonding program should be continued to provide funds
for counties, towns, and cities for the replacement or repair of bridges.
5. Mass transit funding should remain a priority for the state. Funding for
the existing level of operation for mass transit should be maintained at a fixed
share formula for local governments.
6. The Legislature should continue the Minnesota Department of
Transportation as the ride -share program coordinating agency and to provide
adequate funding for its continuation.
7. The possibility and feasibility of utilizing existing railroad trackage
as part of a fixed guideway and/or light rail mass transit system should be
addressed. If existing railroad trackage/rights-of-way are petitioned for
abandonment, these or portions thereof should be preserved by appropriate
government agencies through alternate public use until rail systems once again,
become economically feasible or needed because of energy considerations.
8. The Legislature should restore the bikeway grants program in order to
promote safety in a growing recreational activity.
9. The League opposes legislation allowing truck tractor and trailer
combinations of up to 110 feet on Minnesota highways due to the public entity
and infrastructure cost problems caused by these trucks, such as off tracking of
rear wheels, acceleration distance needs, and time and distance required for
passing.
-36-
T (0
LUEET-5. Ground and Surface Water Management (B)
The League supports 1985 legislation establishing a framework and providing
incentives for local governments to adopt programs or plans aimed at conserving
Minnesota's ground and surface waters and recommends that the Legislature not
substantively amend these statutes in the 1987 session.
In order to safeguard the public health and the environment it is necessary
to plan and manage our water resources as a valuable state resource. Many
watershed districts, counties, cities, and towns have done a good job of dealing
with surface and groundwater management issues and have the authority and
ability to continue to do so in a cost-effective manner. These existing
mechanisms should continue to be used to the greatest extent possible to address
surface and groundwater management problems instead of establishing a new system
or creating new organizations.
Local units of government should retain the basic responsibility for
surface water management as they are the level of government closest to the
problem. In 1982, legislation required local governments in the metropolitan
area to adopt surface water run-off controls and regulations; 1985 legislation
encourages similar steps to be taken in the non -metropolitan area of the state.
These statutes should be given sufficient time to work before additional
programs or extensive changes to existing programs are enacted by the
Legislature. The possibility of intergovernmental conflict should be studied
and dispute resolution mechanisms should be reevaluated.
The Legislature should provide funds to further encourage counties to
undertake water planning activities, and these state funds should be made
available to cities that are required to make substantial amendments to local
plans and controls, or that are employed to assist the county in preparation of
the comprehensive water plan. Special levies should also be made available to
fund water management projects.
-37-
LUEET-6. Regulation of Pesticides and Other Chemicals (B)
The League supports legislation requiring local consent prior to state
licensing of agricultural chemical storage and distribution centers and enabling
local units of government to regulate the intra -city transportation, storage,
and application of pesticides and other chemicals.
Under current law, the Department of Agriculture is required to regulate
the use and storage of agricultural chemicals pre-empting any local regulation
in this area. This pre-emption of local control has caused the granting of
licenses by the state for operations which are a threat to the public health and
safety of local communities.
Therefore, the Department of Agriculture should be required to obtain local
consent prior to the licensing of any agricultural chemical storage or
distribution center. Also, if the local government unit decides to regulate
agricultural chemicals, state regulation should supplement, not pre-empt such
regulation.
The League encourages tighter regulation of agricultural chemical run-off
from aerial spraying and ground application that may affect water quality, as
well as research into the long-term effects of the use of agricultural chemicals
on the general population.
-38-
LUEET-7. Eminent Domain Law (C)
The League recommends that the Legislature undertake a thorough study of
the eminent domain statutes.
The League believes the entire eminent domain process should be critically
reviewed and streamlined. This examination should include a re-evaluation of
the advisability of an alternative system of review of condemnation awards, for
example a professional referee, a hearing examiner, etc. rather than a court;
using a professional referee in lieu of three commissioners to establish the
value of the land; the public purposes for which the law may be used, including
its use to encourage economic development; the difficulty posed by the existence
of pollution on the condemned property; and the legality and feasibility of
collecting past property taxes on property in instances where the award is
substantially in excess of the market value of the property for tax purposes.
-39-
LUEET-8. Energy Conservation and Production (C)
The League supports legislation providing incentives for energy
conservation and production in both the public and private sectors.
Overall energy conservation strategies involving the public, private,
commercial, and industrial sectors are being developed by cities based on -he
rationale that conservation efforts achieve the greatest energy savings at the
lowest cost.
The League believes that a city's individual energy conservation strategy
can be accomplished if the Legislature permits or establishes some of the
following measures:
1. Retrofit of Local Government Buildings. Local governments and school
districts operate nearly 8,000 buildings in Minnesota. Possible energy savings
in this sector range from 16 to 67 percent of current energy consumption by
implementing operation maintenance changes and capital improvements programs.
The League recommends support of the use of special levies to local
governments for implementation of energy conservation measures, including
building energy audits. This special levy could be designed to complement 1983
legislation authorizing 10 -year installment payment contracts for capital
equipment or services intended to improve the energy efficiency of municipally
owned buildings. It would also supplement the existing special-purpose capital
expenditure levy law available now only to school districts.
2. District Heating. To promote statewide applications of district
heating technology and to allow communities to make most efficient use of the
State District Heating Bond Program, the League recommends the following:
a) The Legislature should provide additional funds or the ability to
special levy for conducting district heating feasibility studies at the
community level;
b) The Legislature should strongly encourage consideration of district
heating potential in the power plant siting process.
c) The Legislature should continue to allow use of the State District
Heating Bond Program for renovation of existing district heating systems.
d) Repayment of state bond issues would follow repayment of local
obligations.
3. Low and Moderate Income Energy Assistance. Rising energy costs will
continue to place a burden on the economic vitality of communities in Minnesota.
The League recommends:
a) continuation of the fuel assistance program for low-income households,
with expanded services to train recipients in energy conservation practices and
with a requirement of recipient participation in weatherization programs if the
recipient is the owner;
b) support for weatherization programs operated through cities, counties,
and CAP agencies, and;
-40-
LUEET-8. Energy Conservation and Production (cont'd) (C)
c) continued support for the Minnesota Housing and Finance Agency's loan
and grant program for home weatherization.
4. Conservation and Renewable Energy Financing. Declining federal support
for implementing conservation and renewable resource projects will place a
significant burden on local government attempts to maintain vital services to
their residents and promote community development.
The League recommends that cities be allowed to bond and to make a special
levy for energy conservation and renewable resource projects. The Legislature
should also continue to encourage private sector conservation through tax
credits and other incentives and should explore the possibility of expanding
incentives for earth -sheltered, super -insulated, and underground development.
5. Local Regulatory Authority. Local governments are in the best position
to assess local needs and regulate energy consumption within their communities.
The League recommends giving any municipality the option to adopt and enforce an
energy code that may be more stringent than the state building code for purposes
of energy conservation.
-41-
—T
L-
league of minnesota cities
Policy
Title
Priority
PPS -1.
Veterans' Preference
A
PPS -2.
Minnesota Public Employment Labor Relations Act
A
PPS -3.
PERA Benefits, Financing, and Administration
B
PPS -4.
Local Government Pay Equity Act
B
PPS -5.
Military Leaves
B
PPS -6.
Time and Distance Residency Requirements
B
PPS -7.
Unemployment Compensation
B
PPS -8.
One Class of Beer
B
PPS -9.
Firefighter Certification
B
PPS -10.
Workers' Compensation
C
PPS -11.
Modifications to the State Building Code
C
PPS -12.
Social Investing
C
PPS -13.
Emergency Medical Services
C
PPS -14.
Ambulance Drivers -- Training for Drivers
C
I E313 uriiversity avenue east, st. pain, it e sofa 551 01 (61 2) 227-5600
-43-
PPS -1. Veterans' Preference (A)
1. The League recommends that the Legislature amend the Veterans'
Preference Act to provide that a veteran must select one and only one hearing
procedure rather than be able to request both a veterans' preference hearing and
a grievance procedure under a collective bargaining agreement.
Current statutes entitle a veteran to at least two different hearing
procedures to challenge any disciplinary action. This is not only grossly
inefficient but may also be unworkable since the standards for court review of
the decisions of veterans' preference boards and grievance arbitrators vary
significantly.
The Minnesota Supreme Court in a recent decision also has indicated to the
Legislature that these statutes need to be amended. The law should provide for
a selection of a single hearing procedure and eliminate any requirement for
salary payment pending the hearing when the veteran does not request a hearing
within 10 days or when an impartial hearing body determines that the dismissal
was for just cause.
2. The League supports legislation providing specific time lines to be
followed by employers and employees in the veterans' preference discipline or
dismissal process, so that an employee must provide notice of their intent to
appeal within 14 days and the hearing process would be required to be completed
no later than 90 days following a proposed disciplinary or dismissal action.
Currently an employee has 60 days from the date of the employer's notice to
discipline or dismiss to request a hearing and if a hearing is requested, there
are no time lines for holding hearings or rendering decisions.
Under this current system, a termination determination can, and has, taken
more than a year, during which the employee receives full pay and benefits. The
result is extremely costly to cities, particularly small cities, which often
must hire replacement workers for this period. The League's proposal to provide
a more expedited process would not infringe on the employee's right to a
hearing, but would ensure a more efficient and cost-effective procedure.
-44-
PPS -2. Minnesota Public Employment Labor Relations Act (PELRA) (A)
1. The League recommends that legislation be enacted that gives public
employers the option of either requesting arbitration within a specific time or
allowing essential employees to legally strike.
Cities in Minnesota are very diverse in their public employment practices.
Their ability to deal with employee strikes also varies greatly. The history of
bargaining in the public sector has indicated that if properly prepared for,
even strikes by "essential employees" may not unduly threaten public health and
safety. In contrast, the prohibition of the right to strike has forced undue
reliance on arbitration, which usually has resulted in large compensation awards
to essential employees.
For these reasons, the League recommends that legislation be enacted that
gives public emplovers the option of either requesting arbitration within a
specific time or allowing essential employees to legally strike.
2. The League recommends that the Legislature reinstate the previous
definition of employees covered by PELRA to persons employed for more than 100
days.
The 1983 Legislature reduced the period of time part-time employees must be
employed before they are considered employees covered by PELRA. This has
resulted in higher wages for some part-time employees but, more significantly,
has resulted in cities hiring fewer part-time employees. Additionally, many
employees who view their work as temporary or transitory in nature, have been
asked to pay their fair share of union dues, even though they receive no benefit
from union membership.
Experience with the law over the last two years has indicated general
dissatisfaction with the law by every affected party except unions representing
primarily full-time employees.
3. The League opposes any changes in PELRA which would permit public
employees to refuse to cross the picket lines of other city employees, or would
change the definition of supervisory or confidential employees.
Supervisors of public employees should have their management role
acknowledged and continue to have their status limited to meet and confer. In no
event should supervisory or confidential employees be represented by an employee
organization which represents the employees they supervise. Further limitation
of the definition of supervisory personnel would mean that in all. but city
manager cities, no employees could be considered to be supervisory employees for
purposes of PELRA.
4. The League recommends that legislation be passed requiring employees
covered under a collective bargaining agreement to choose a single method by
which to review disciplinary action.
Employees presently have a variety of grievance procedures available to
them, including civil service systems, veterans' preference, and procedures
agreed to unser collective bargaining. It makes little sense for an employee to
-45-
PPS -3. Public Em
loyees Retirement Association (PERA) -- Benefits, Financi
and Administration (
The following principles should govern
Public Employees Retirement Association (PE
plans.
changes the Legislature makes in
and the other statewide pension
1. The League of Minnesota Cities opposes modification of the "high five"
formula. The adoption in 1973 of the "high five year" benefit formula for PERA
has provided very adequate pension benefits for career municipal employees.
Further shortening of the averaging period would create windfalls for some PERA
members and multiply opportunities for manipulation of service and salaries to
maximize pension benefits without proportional contributions to the fund.
2. Any increases in PERA benefits should be granted only to the extent that
proposed contributions and current reserves are sufficient to fully fund the
increases in the opinion of one or more recognized pension actuaries who are
independent of the PERA organization. Any benefit increase or contribution
reductions permitted by excess reserves or excessive current contributions or
combinations of the two should be of such amounts as to benefit the employer and
employee equally as a percentage of overall employee salary.
3. PERA should not be authorized to create any additional health care
plans for retired employees. However, direct transfer of premiums from PERA to
the Minnesota Comprehensive Health Association should be authorized at the
request of any PERA member from the member's own account.
The present PERA retirement system in effect provides a cafeteria plan
approach to retirement benefits. Those who need a spousal retirement annuity or
life insurance coverage can purchase these benefits from PERA accepting
actuarially reduced primary retirement benefits. Retirees who are not eligible
to remain in the group health insurance plan of the local unit from which they
are retiring, can always use their retirement funds to the extent they are
adequate to buy health coverage through the Minnesota Comprehensive Health
Association for persons that are 65 years of age and less. Persons 65 and over
without automatic medicare coverage can buy that coverage at reasonable cost.
4. If any increase in benefits is enacted for PERA retirees, the resulting
costs should not be paid from the PERA fund, but rather should be financed by a
direct appropriation from the state general fund.
5. The LMC supports the continuation of the Minnesota post-retirement
investment fund as a means of providing post-retirement increases in the pension
benefits of retirees under the statewide pension funds.
6. No money or funding should be transferred directly or indirectly from
PERA to less well funded plans. Since integration of pension fund
administration mechanisms may lead to combining the funds, the LMC opposes any
move to combine administration of the three statewide pension programs.
7. The Legislature should amend the present provision on disbursement of
the two percent tax provision on automobile casualty insurance to allow
expenditures by the recipient political subdivision of any excess over the
employer's share of police retirement costs for any police department purpose
instead of requiring payment to the PERA police and fire fund.
-47-
PPS -3. Public Employees Retirement Association (PERA) -- Benefits, Financing,
and Administration (cont'd) (B)
Since the PERA police and fire fund has now essentially achieved full
funding, employers' and employees' contributions should be reduced to an amount
sufficient to pay normal costs. Furthermore, the employer (taxpayers) through
payment of more than 50 percent of contributions to this fund is creating a
surplus not needed for pension purposes.
8. Individual local police and fire relief associations, with city consent,
should be allowed to merge into the PERA police and fire funds only if all
active members are brought under the PERA benefit structure and if:
a) savings will accrue to the city in the opinion of the state actuary as
well as in the opinion of the affected municipality; and
b) all actual funding liabilities as calculated by a state actuary which
are transferred to or assumed by the post-retirement fund are immediately
reimbursed to the fund by the transferring city; and
c) all actual funding liabilities as calculated by a state actuary which
are transferred to the PERA active fund shall be reimbursed to PERA at either
the percentage that the PERA police and fire active member fund is funded in the
year of consolidation or the percentage that fund was funded on the date of the
Moorhead local fund consolidation, whichever is greater; and
d) transferring employees shall draw benefits at the PERA level based upon
the salary level upon which pension contributions were made.
9. A new defined contribution pension plan for municipal first responders
and municipal ambulance volunteers who do not receive credit for their ambulance
efforts under any other pension program should be created by legislation. This
fund should be administered by PERA or another administrator on a statewide
basis but with full power of the respective local governmental units to chose
whether to participate, the level of contribution each year, the source of
funding, and the minimum service period to vest benefits.
10. The League opposes any change in the PERA Rule of 90 or the current
early-retirement reduction factor. PERA is the only statewide pension fund with
members eligible for the Rule of 90 and with a one-fourth percent pension
reduction per month under age 65 early-retirement reduction factor. Members
have provided substantial service in reliance on these beneficial and
purportedly permanent fund features.
11. If the federal government should require all newly hired police and
fire personnel to participate in Social Security, current PERA contributions
rates and benefits should be halved for affected new hires.
12. The League does not oppose an extension of the "Rule of 85" window to
June 15, 1987 to allow teachers to finish their school year. If any extension
is granted, all public employees should be treated similarly. Any extension
beyond June 15, 1987, should be preceded by an audit of the program to determine
the costs and benefits.
�•
"T (Ot5�
PPS -3. Public Employees Retirement Association (PERA) -- Benefits, Financi
and Administration (cont'd) (B)
13. The PERA and workers' compensation laws should be returned to their
pre -1984 status and PERA disability payments should be an offset from required
workers' compensation payments to disabled employees.
PERA finds it burdensome or impossible to effectively offset workers'
compensation disability benefits from PERA disability payments. Proposals to
allow receipt and retention of both may provide greater income to disabled
workers than to those continuing to work and may this increase malingering.
-49-
PPS -4. Local Government Pay Equity Act (B)
The League supports legislation requiring arbitrators to consider and
comment on the results of the employer's pay equity study, and other legislation
ensuring the ability of cities to maintain the equitable compensation
relationships required to be implemented by the local government pay equity act.
The 1984 Legislature required all local units of government to conduct job
evaluation studies and to implement those studies in order to remedy sex -based
differentials in compensation. Cities have expended a great deal of staff time
and money in undertaking the studies and seeking to implement those studies by
the 1987 statutory deadline.
The primary issue now facing cities, aside from funding the implementation,
is ensuring the implemented studies can be maintained. In negotiations and
settlements with most employees, the governing body is ultimately responsible
for the compensation provided employees. If the governing body, through a
settlement with a particular employee class, creates inequity as defined by the
statute, it will be responsible for that inequity and ultimately will have to
increase or freeze compensation until equity is once again achieved.
This is not the case with essential employees organized under the Public
Employment Labor Relations Act. These employees, to the extent that agreement
with the local government can not be attained, have their compensation
established through mandatory binding arbitration. The end result of the
interplay between these statutes could be that the overall level of compensation
for all employees, not just essential employees, will be set not by the local
elected officials required to raise the revenues to pay for employees'
compensation, but rather by arbitrators.
The League strongly opposes any legislation which has the effect of
promoting this result, strongly opposes legislation which excludes police, fire,
and other essential employees from the pay equity act, and supports legislation
which ensures that the local officials charged with setting property tax levels
also set local government employee compensation levels.
-50-
PPS -5. Military Leaves (B)
The League recommends that the statutes be amended to provide that when an
employee is temporarily absent because of short-term military service that the
employer pay only the difference between military pay and the public pay, rather
than the full public salary.
Under current law (M.S. 192.26 and 192.261) a city employee, as well as
other public employees, is entitled to leave with full pay and accrual of
seniority status and other benefits for all the time that employee is engaged in
short-term (15 days or less) military service and at this same time receives
full military pay. Cities, particularly those which must hire part-time
replacement employees when others take military leave, suffer a significant
financial hardship not shared by private sector employers who are not required
to provide short-term paid military leaves.
Public employees should only be required to pay the difference between the
employees military pay and their regular wage for this 15 day period. Any
longer leave period should be without pay and the accrual of seniority and other
benefits should be suspended for military leaves beyond 30 days. Current law
which provides for mandatory leaves and reinstatement after wars, declared
emergencies, active duty training, and duty training should be changed to
provide for mandatory leaves and reinstatement only after wars and declared
emergencies. Employees should not be entitled to leave and be reinstated for
active or inactive training duty.
PPS -6. Time and Distance Residency Requirements (B)
The League supports legislation allowing cities in the metropolitan area to
enact reasonable area and response time restrictions if there is a demonstrated
job necessity for certain employees to reside close to the city.
In recent years the Legislature has limited the authority of cities and
other local units of government to impose residency requirements for their
employees. The Legislature has recognized, however, the need for insuring the
ability of certain employees to be available to respond to emergency situations.
In 1984, in the same bill which prohibited non -metropolitan cities from
enacting blanket residency requirements, the Legislature specifically allowed
non -metropolitan cities to enact reasonable area and response time restrictions
if there were demonstrated job necessities for employees to reside close to the
city. Unfortunately, a drafting error prohibited metropolitan cities from
enacting these restrictions. In 1985, the Legislature acted to allow
metropolitan communities to impose reasonable time and distance requirements for
volunteer firefighters.
The result of the 1984 and 1985 legislative actions is a situation where
metropolitan communities still cannot impose reasonable time and distance
requirements for their police officers, paid firefighters, or any employee with
the exception of volunteer firefighters.
The League recommends that the Legislature grant metropolitan cities the
same authority granted non -metropolitan cities to impose reasonable time and
distance requirements where the city can show a demonstrated job-related
necessity. Because these requirements must pass this difficult test and
directly affect the public safety of the community, these requirements should
under no circumstances be considered as mandatory subjects of collective
bargaining.
-51-
PPS -7. Unemployment Compensation (B)
The League recommends that the Legislature amend the unemployment
compensation law to lengthen the requalification period, to limit eligibility
for temporary employment under one year in duration, and to relieve part-time
employers who continue employment of an individual from any responsibility to
contribute to compensation due to termination from other employment.
The requalification period for employees who voluntarily quit or are
dismissed for cause is too low and should be substantially increased. In
addition, the League believes that individuals who knowingly accept temporary
employment of specific limited durations not exceeding one year and whose
employment is thus ended, should be deemed to have voluntarily ended their
employment and thus should be disqualified for certain benefits.
The employers involved should not be saddled with unemployment compensation
costs for individuals who accept and perhaps even plan for the termination of
such employment. Also, students temporarily employed as interns should be
ineligible for unemployment compensation since the position is primarily an
educational experience which by its very nature is not expected to be of
indefinite duration.
Finally, the current law unfairly treats cities employing part-time police,
fire, or park. personnel which are required to contribute to unemployment
compensation due to termination from other employment even though the part-time
employment is continued.
PPS -8. One Class of Beer (B)
The League opposes the establishment of one class of beer and the off -sale
of wine in other than liquor stores.
The establishment of one class of beer in Minnesota would cause substantial
problems in controlling the sale of beer in filling stations, grocery stores,
drug stores, and elsewhere where 3.2 beer is presently sold. Also, 3.2 on -sale
establishments would be selling strong beer in competition with on -sale liquor
establishments and municipal liquor stores.
-52-
PPS -9. Firefighter Certification (B)
The League opposes any state imposed voluntary or mandatory firefighter
certification programs but supports the availability of technical and financial
assistance from the state for local or regional training programs.
Recent proposals to establish a state professional qualifications board
charged with certifying both voluntary and full-time firefighters are
unnecessary to assure proper training of local firefighters and could too easily
be changed into mandatory certifications programs.
The League supports efforts by the state to make training programs more
readily available for local firefighters as well as financial assistance by the
state to encourage local governments to provide additional training for
firefighters.
PPS -10. Workers' Compensation (C)
The League supports the elimination of the presumption that heart and lung
ailments of police and fire personnel arise from their employment, if the
employee has been an active smoker within the two years prior to the onset of
the heart or lung ailment.
Existing workers' compensation statutes create a presumption that heart and
lung ailments of police and fire personnel arise from employment. However,
personal risk factors, such as smoking, can be more significant in some cases
than job-related factors. For this reason, the League supports limiting the
presumption to cases where the employee can demonstrate limited personal risk
factors.
-53-
LO
PPS -11. Modifications to the State Building Code (C)
The League supports the current ability of non -metropolitan cities,
counties, and towns to opt -out of the inspection and enforcement_
responsibilities mandated by the State Building Code.
PPS -12. Social Investing. (C)
Without each employee's consent to other priorities, public employee
pension funds should be invested solely for the purpose of maximizing investment
return.
Investment management responsibility for public employee pension reserves
should be removed from the state Board of Investment and lodged in a politically
independent board the membership of which is limited to persons qualified to
manage investment portfolios for large pension programs.
PPS -13. Emergency Medical Services (C)
The League supports the current statutory minimum requirements for
ambulance vehicles, equipment, and attendantsf training but opposes any
additional requirements unless the state provides adequate funding or funding
sources.
Cities as a group are the single largest provider of ambulance services in
the state and form a vital part of the network of emergency services. To
maintain and improve the emergency services network for all residents of the
state the Legislature must provide funding for training and equipping emergency
medical personnel. State grants and aids should be available to enable all
cities to have access to adequate emergency medical services. Additionally,
with the increasing interest in paramedic services, the Legislature should
assist in providing easily accessible training on a statewide basis at minimum
cost in order to meet appropriate qualifications.
-54-
LP
PPS -14. Ambulance Drivers -- Training for Driver. (C)
Legislation passed in 1986 authorizes a less than fully -trained ambulance
attendant to serve as a driver of an ambulance as long as there are two fully
qualified attendants and the ambulance is not driven at speeds exceeding the
speed limit, and lights and siren are not used. The latter two provisions are
inappropriate and should be repealed. The League continues to support driver
training requirements for ambulance drivers.
-55-
= W
Illi �l
=.. U league of minnesota cities
Policy
Title
Priority
RS -1
Municipal Bonds
A
RS -2
Special Assessment Financing
A
RS -3
State Administrative Costs
A
RS -4
Property Tax Reform
A
RS -5
Local Government Aids
B
RS -6
State Funding to Cities
B
RS -7
Elimination of Levy Limits
B
RS -8
Stability of Revenues
B
RS -9
Sales Ratio Study
C
RS -10
License Fees
C
RS -11
Equipment Financing
C
RS -12
Railroad and Telephone Taxation
C
RS -13
Tax -Exempt Property
C
RS -14
Local Option Taxes
C
1 33 university avenue east, st. paul, ry�� nesota 551 01 (612)227-5600
w
RS -1. Municipal Bonds (A)
The League commends the Legislature for repealing interest rate limitations
on bonds issued between April 1, 1986 and July 1, 1987. The League, however,
continues to recommend permanent repeal of such limits to enable cities to
effectively participate in a changing bond market.
The traditional way of financing most local public improvements and
facilities has been, and will likely continue to be, through the issuance of
bonds. But the public bond market is undergoing dramatic change. Changes in
federal tax law will not only restrict local authorities in their ability to
issue some bonds, but for the first time will subject the interest earned on
certain municipal bonds to an alternative minimum tax. As a result interest
rates may have to be higher in order for the public sector to compete with
private investments in the taxable bond market. Indeed, the imposition of
interest rate limitations in this context could prevent bond sales.
It is the League's contention that artificial ceilings on bond interest
rates do not effectively hold down interest rates and may, in fact, add somewhat
to the costs of bond issuance by the creation of additional legal and procedural
requirements.
Interest rates in the bond market fluctuate in response to a combination of
economic forces. Local officials must operate within the realities of such a
market. Whether or not there is a statutory ceiling, local officials have every
incentive to keep issuance costs as low as possible. Therefore, the League
recommends that the interest limit be permanently repealed to enable local
officials to effectively respond to whatever bond market changes occur as the
result of market forces or federal action.
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RS 2 Special Assessment Financing (A)
The Lea ue su orts le islation increasing the rate assessments may bear
ral fund as well as le islation makin it easier to
when financed out of the gene
assess the state for the costs of improvements.
Special assessments financed by bonds
in 1982, the Legislature changed the law governing the statutory interest
ceiling for municipal bonds. The revised law, which provides for a floating
monthly maximum interest rate, creates a problem affecting the interest rate
which a municipality may charge on special assessments. The interest rate which
may be charged is determined
according
whichtthethe
resolutionrauthorizing thallowed toe speciale paid municipal bonds "for the month
assessment is adopted." if a city sells the assessment bonds in a later month,
the interest rate payable on the bonds may be greater than that allowed to be
charged for the special assessment. The city is left having to absorb extra
costs.
ay
The League recommends that the law be changed to ensure that a city int
charge an interest rate on special assessments at least one percentage p
higher than the rate payable on the bonds which finance the assessment.
S ecial assessments financed internally by a city
Currently, M.S. 429.061, subd. 2 limits the rate of interest on assessments
financed out of the general fund to eight percent. Efforts by the 1986
Legislature to change this law have resulted in confusion. Benefitted property
should not receive a windfall from the general fund nor should it subsidize the
general fund through its assessments. For these reasons, the League supports
legislation authorizing general -fund -financed improvements to be assessed with
an interest rate at least one percent greater than the maximum interest rate
allowable on local obligations as determined monthly by the finance
commissioner.
S ecial assessments against state property
Current law, M.S. 435.19, provides for the collection of assessments
against other governmental jurisdictions. The law basically allows the
governmental unit which owns the property to determine the amount to be paid, as
well as when it will be paid. This is impractical since it results in interim
financing by the local unit of government; the governmentally ownedpropertizing
should be assessed similarly to privately owned property and any
lawthe state or other governmental units to refuse to pay the assessed amount, or
determine the time and amount of the payment, should be repealed.
RS -3. State Administrative Costs (A)
The League opposes deducting state administrative costs from funds
appropriated for property tax relief. All state government costs should be
subject to the standard appropriation process review and be funded directly by
specific state appropriation, not by a broad deduction from property tax relief
programs.
When state administrative costs are financed through the local government
aid appropriation, funds available for property tax relief are reduced. In 1986
such state costs included $16,000 for the state demographer's office. In
addition, while decisions on the necessary staffing and funding levels for state
agencies are made by the appropriations committees, tax policy decisions are
generally handled by the tax committees. Coordination between committees is
often difficult in the final weeks of the legislative session. In a prior year,
such coordination problems resulted in nullifying the absolute grandfather
clause.
In order to promote a cohesive and coordinated state tax policy and provide
for adequate review of proposed state agency costs, it is recommended that no
state agency's administrative costs be deducted from property tax relief funds.
This will allow the tax committees to fully determine the level of property tax
relief to be provided and retain responsibility for such provisions as the
grandfather clause.
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Z �
RS -4. Property Tax Reform (A)
In enacting any major reforms of the Minnesota property tax system,
including the complementary system of aids to local government, the League
recommends the Legislature pursue policies which meet the following conditions:
1. The impact of the proposal should be thoroughly analyzed, not only for
its impact statewide, but also for its effect on individual communities.
2. Major shifts that increase disparities in tax burdens among taxing
jurisdictions should not occur.
3. All significant changes should be phased in so that cities can
adequately plan for any needed adjustments.
4. Local government aid, or an equivalent program of sharing state revenue
for the purpose of equalizing local property tax burdens, should remain an
essential component of the property tax system. (See RS -2. Local Government
Ala
5. Property tax reform should not jeopardize existing development districts
whose establishment and financing were based on continuation of the current tax
structure. Any tax reform needs to recognize existing tax increment finance
districts and their cash flow and obligations. Impact on enterprise zones must
also be addressed.
6. Simplification and accountability are desirable goals that should be
addressed within the above tenets.
The League has formed a technical committee to review and respond to the
details of major property tax reform proposals as they are proposed.
Many significant changes in the property tax system are currently being
considered. The League believes it is critical that any proposal be evaluated
on the basis of its impact on individual communities. A proposal that may
appear balanced on a statewide basis can have very disparate effects on
individual cities.
The difference in property tax burdens among taxpayers living in
neighboring tax jurisdictions which provide similar services must also be kept
within reasonable limits. Any significant tax burden disparities would
adversely affect cities' abilities to compete on a fair basis for residents and
economic development.
Tax increment districts are dependent on the mill rate and assessment
ratios of the current property tax system. The financial viability of those
projects should not be jeopardized by state -imposed changes in the tax
structure. Likewise, enterprise zone businesses have been recruited based on a
commitment that they would receive a preferential classification ratio in the
calculation of their property tax obligations. These development districts
should be protected from any negative consequences of tax reform. The tax
increment financing plan in effect at the time legislation is passed should be
the basis for determining remedies.
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RS -5. Local Government Aid (LGA) (B)
The League strongly supports continuation of the local government aid (LGA)
program as an essential component of the state's property tax relief system and
recommends a six percent annual increase in the appropriation authorized for
1988 and 1989. Local government aid should not be sacrificed in any major
reform of the state's property tax structure. Since potential reforms in the
property tax system are likely to require adjustments in the local government
aid formula, recommendations for specific changes in the formula must await the
details of property tax reform. The League has formed a technical committee to
review and respond to potential changes in the LGA formula as they are developed
by the Legislature, Governor, or any other groups.
Local government aid is a major source of revenue which complements cities'
other significant revenue source, the property tax. As such, LGA must be
distributed among cities in a way which alleviates the problems inherent with
reliance on the property tax. Cities vary markedly in their ability to raise
money from property taxes. There are also wide variations among cities in their
citizens' needs for services and the costs of providing those services. A
complementary revenue source for cities is necessary precisely because a city's
ability to raise revenue from the property tax does not necessarily coincide
with the cost of the services which that city must provide its citizens.
Therefore, the LGA formula should reflect both the individual city's need and
its local revenue raising capacity.
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RS -6. State Funding to Cities (B)
Cities are critically dependent on state funding. On average, homestead
credit and local government aid account for nearly half of cities' revenues.
The League commends the Legislature for rejecting last year's proposals for
steep cuts in local government aid. The Legislature recognized the adverse
effects which cuts in prior years have had on cities and the difficulties they
would face in attempting to absorb further cuts. In the past, state
appropriations for local government aid have not kept pace with the cost of
providing services. Other economic challenges facing cities include a. declining
tax base, cuts in federal support (particularly the elimination of general
revenue sharing), costs growing faster than the general inflation rate, and the
need to implement additional mandates.
Property tax relief should continue to be a high priority. Policy makers
must recognize that any cuts in funding for cities will likely result in higher
property tax levels. For nearly two decades, the state has appropriately
assumed a role in reducing property tax burdens. A longstanding commitment for
such relief has been made to both the public and municipalities. The state must
not renege on that promise by proposing reductions in local government aid.
Tax and government financing reforms enacted during the past two decades
have dramatically shifted the mechanisms for raising revenue away from local
government and toward the state. Local governments have thus become heavily
dependent on state -collected revenue. With passage of the 1967 Tax Reform and
Relief Act, the 1971 Omnibus Tax bill (the so-called "Minnesota Miracle"), and
later tax legislation, the state obligated itself to lower property tax burdens,
levy increased sales and income taxes, and use the increased revenue from such
taxes to assume a larger share of the costs of delivering local government
services.
As a trade-off for providing aid to local governments the state imposed
levy limits on local governments and prohibited them from imposing new or
increased sales or income taxes. Given such constraints on the taxing abilities
of local government and the state's long-standing commitment to provide property
tax relief, the League believes it would be wholly unfair to reduce state
funding for local governments, particularly at a time when cities' costs are
rising and their tax bases are shrinking.
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RS -7. Elimination of Levy Limits (B)
The League recommends that the Legislature repeal the levy limit laws in
order to enhance local accountability and allow cities to plan for and respond
to changing financial conditions. Certainly any proposal to make levy limits
even more restrictive would severely limit cities' abilities to compensate for
potential cuts in state and federal financial aid.
Cities in Minnesota must comply with multiple limits on their ability to
levy taxes. These limits make it difficult for many cities to adequately plan
for and respond to changing conditions. Federal cutbacks, skyrocketing
insurance costs, costs of comparable worth salary adjustments, and other forces
often require cities to re-examine their budgets. Levy limits prevent some
local officials from using property taxes as a source of revenue to provide for
adequate reserves or absorb increased costs.
Local elected officials are accountable to the public and should be
entrusted to responsibly use their taxing authority. Cities exist in a very
dynamic, changing environment. They are expected to quickly respond to changing
federal policies, state mandates, court rulings, and market forces such as those
currently shaking the insurance industry. Statewide limits artificially
constrain the options available to elected officials and are too inflexible.
All cities are subject to a per capita limit outlined in M.S. 275.11.
Certain levies are allowed outside this levy limit, but these special levies
differ from those contained in other limits.
Statutory cities are further constrained by a millage limit on their
general purposes levy found in M.S. 412.251. Special purpose levies are allowed
outside of this levy limit. Home rule cities may have levy limits in their
charter. Their charter limits may be affected by M.S. 426.04 if it is less than
13 1/3 mills. Iron Range home rule cities in which more than 25 percent of the
assessed value consists of iron ore have special provisions in the statute.
Policy makers are most familiar with the percentage limit in M.S. 275.51.
The 1983 Legislature exempted cities with fewer than 5,000 residents from this
limitation. This was a positive step, however, cities of all sizes should be
trusted to use their taxing authority.
Given uncertainties in state and federal financial aids and the diverse
problems and circumstances faced by cities, uniform limits are impractical.
These limits are inconsistent with the principles of local self-government and
accountability and should therefore be repealed.
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RS -8. Stabilitv of State Revenues (B)
The League urges adoption of fiscal and revenue policies that will
stabilize state revenues and thereby lead to more predictable funding levels for
local governments. Inevitably, the stability of revenues flowing to local
governments is dependent on the stability of revenues flowing to the state. In
this regard the League supports establishment of a permanent budget reserve
equal to a minimum of five percent of total state outlays. As soon as possible
the reserve should be built up to a more adequate level in excess of five
percent of outlays.
The reserve should be built up during years of economic prosperity and used
only to protect the state budget from unexpected economic downturns, not for tax
reductions or expenditure increases. Such a budget reserve is necessary given
the relatively volatile tax bases on which the state currently relies
(particularly the income tax and sales tax) and the potential for error in
revenue and economic forecasting.
In recent years the uncertainty of the state -local fiscal relationship has
made short- and long-term financial planning very difficult at the local level.
During the earlier part of this decade, local jurisdictions were left with
severe revenue shortfalls and cash flow problems because of the sharp and
unexpected decline in state revenue. State aids to local jurisdictions were cut
substantially and aid payments were delayed, often in the middle of the budget
year when compensating action was nearly impossible.
In addition, cities have been unable to plan their budgets with any degree
of confidence given the major year-to-year changes that have occurred in the
overall funding level for local government aid, in the formula used to
distribute local government aid, in levy limit laws, and in state property tax
relief programs. Cities need to be able to rely on predictable revenue sources
that will be adequate to maintain the level of services required by their
citizens.
Should problems with budget shortfalls persist even after establishment of
a budget reserve, the Legislature should consider additional policy options to
stabilize state revenues, including:
* broadening of.the sales tax base to include purchases of some
necessities, such as clothing and personal services. Applying the sales tax to
some necessities could lead to more stable revenues since demand for such
necessities is likely to continue even during times of economic adversity.
* temporary suspension of indexing of the state income tax structure or
temporary increases in other taxes (such as the sales tax) in the event of a
sizable budget shortfall.
* refraining from further income or sales tax reductions unless it is
certain that budget shortfalls will not materialize.
RS -9. Sales Ratio Study (C)
The League commends the Legislature for directing the Department of Revenue
to study alternative means for determining the sales ratio in small communities
where few sales occur. The League's technical committee on property tax reform
issues will monitor the progress of this study and review its findings and
recommendations. I -
Various state formulas consider property tax base valuation in distributing
aid. Sales ratios are calculated for each jurisdiction by comparing actual
selling prices of properties to the estimated market value assigned by the
assessor. These sales ratios are used to equalize assessed values so that all
local governments are treated fairly and not rewarded or punished based on their
assessment practices.
Sales ratios are thus important determinants of the level of state aid
received by a community. Yet, in small communities, there are often few sales
in a given class of property to permit an accurate determination of a sales
ratio. In these cases, a county -wide average is applied. The county average,
however, may be overly influenced by sales in a larger regional center and thus
not accurately reflect the experience of smaller cities.
RS -10. License Fees (C)
The Legislature should repeal all maximum fee provisions relating to
off -sale liquor, on -sale wine, bottle club, and Sunday liquor licenses and allow
cities to decide locally the appropriate fee to charge for such licenses.
With few exceptions, the statutes granting authority to issue licenses or
permits do not specify maximum fees. Cities should have the discretion to set
fees based on their own costs, needs, and standards. Case law provides ample
limitations on cities' power to set license fees by requiring that revenues
produced must be related to the cost of issuing the license and regulating the
licensed business.
It is inappropriate for the Legislature to set maximum fees for off -sale
liquor, on -sale wine, bottle club, and Sunday liquor license fees. Cities have
acted responsibly in setting on -sale liquor license fees. It makes no sense to
grant them that power but deny them the power to set fees for off -sale liquor,
on -sale wine, bottle club, and Sunday liquor licenses. There is no evidence to
show that lifting the statutory cap would lead to unjustified fee increases.
Some reasonable increases in off -sale license fees could be expected since the
statutory maximum fee has not been increased in over 30 years.
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LP
RS -11. Equipment Financing (C)
M.S. 412.32 should be amended so that all Minnesota cities are able to
issue "five-year equipment certificates" in an amount not to exceed one percent
of the city's assessed valuation in any given year. No reverse referendum
provision should apply unless the city wishes to exceed the one percent limit.
Statutory cities in Minnesota have the power to issue certification of
indebtedness, payable in not more than five years, to purchase capital equipment
(M.S. 412.301). If the amount of the certificates exceeds one percent of the
city's assessed valuation, a reverse referendum provision applies.
In 1983, the Legislature granted similar financing powers to Minnesota's
home rule charter cities (M.S. 412.32), without any reverse referendum
provision. However, the total principal amount of the certificates (or "capital
notes") issued in a fiscal year is limited to no more than one-tenth of one
percent of the city's assessed value that year. In many cities, this limit is
prohibitively low, and effectively prevents the city from making use of the
authority granted in this statute.
RS -12. Railroad and Telephone Taxation (C)
A new formula should be adopted for the valuation of railroad operating
property for property tax purposes. In addition, if the current gross earnings
tax levied on telephone companies is replaced by a property tax, such taxation
should be consistent with the taxation of commercial industrial property and,
furthermore, should be assessed and collected at the local level.
The existing system for taxation of railroad operating property is not
consistent with the taxation of other commercial and industrial properties. The
present formula values railroad operating property at about 20 percent of the
value which would be determined by a local assessor using generally accepted
assessing principles. The League recommends that a new system of property
taxation be established which would tax both railroads and telephone companies
operating in Minnesota in a manner consistent with the taxation of the
commercial and industrial properties.
.S
RS -13. Tax -Exempt Property (C)
State, county, school district, city, regional government, and
of tax-exempt property (except houses of worship) should be required
reimburse cities for the cost of police, fire, and street services.
other owners
to
One of the glaring inequities in the Minnesota tax system involves local
services that are provided free to tax-exempt property owned or used by the
state, counties, school districts, regional government bodies, and by certain
non-government organizations. It is widely acknowledged that such property
benefits directly from government services such as police and fire protection
and street services provided by cities. Since there is no legal basis for
claiming reimbursement for the costs of such services, they are borne by the
local taxpayers. Furthermore, such property is concentrated in certain cities,
resulting in a heavy and disproportionate cost burden upon those cities.
RS -14. Local Option Taxes (C)
The League recommends that cities be given local option to raise other
non-traditional revenue sources to enhance local financial flexibility.
.•
Lhleague of minnesota cities
Policy Title
FL -1.
Federal Tax Policy: Impact on Cities
FL -2.
General Revenue Sharing
FL -3.
Targeted Fiscal Assistance
FL -4.
Federal Deficit Reduction
FL -5.
Low- and Moderate -Income Housing
FL -6.
Homelessnes
FL -7.
Medicare Deductions for City Employees
FL -8.
Mandates
FL -9.
Stormwater Permits
FL -10.
Superfund
FL -11.
State and Local Pipeline Safety Control
I E33 university avenue east, st. paul, minnesota 551 01
-71-
(61 2) 227-5600
FL -1. Federal Tax Policy: Impact on Cities
The League supports federal tax measures that restore greater efficiency
and fairness to the federal income tax system. Cities expect serious
difficulties resulting from the federal limits and restrictions on the authority
of municipalities to issue traditional public purpose bonds, to provide
affordable housing, and to use of tax-exempt financing to remove blight and to
meet local economic development needs.
Further, Minnesota cities are concerned about the repeal of the
deductibility of state and local sales taxes. As the negative effects of these
restrictions become evident, LMC urges Congress to re-examine and remove those
provisions that hamper the ability of cities in Minnesota to raise revenues and
provide for local needs.
Passage of federal tax reform legislation will have profound effects on
every community through changes in tax burden for city residents and businesses,
and through the imposition of new mandates, and limits placed on the authority
of cities to raise revenues.
Ironically, the sweeping restrictions on municipal bond authority will not
produce revenues to the federal treasury that had been anticipated. Transition
rules in the final legislation provide exemptions for many projects that would
otherwise be ineligible for tax-exempt financing. The cost of those transition
rules actually offsets most of the new federal revenues anticipated as a result
of bond restrictions.
Yet, the impact of those limits and restrictions will seriously constrain
the authority of cities to raise needed revenues to maintain infrastructure and
support local economic development priorities.
The repeal of the deductibility of state and local sales taxes will also
increase pressure to turn to the property tax to fund more public services.
Retroactive changes in cities' authority to issue tax exempt municipal
bonds impose significant restrictions. Redefinition of public purpose bonds
reduces the amount of use, benefit or security of the bond by a private entity,
from the current 25 percent to 10 percent. Further, any portion of the bond
value over $15 million that benefits a non-governmental entity must be
authorized under a lowered state per capita volume cap allocation.
Earnings on general obligation and revenue bonds are now subject to limits
on arbitrage that may be earned and excess arbitrage earnings will have to be
rebated to the federal government. The fact that small cities are expected to
benefit from exclusions for cities that reasonably expect to issue less than $5
million in bonds per year is not much help when measured against numerous cost
increases for new issuance and reporting requirements.
The repeal of bank deductibility and the unprecedented taxation of
municipal bond interest through the alternative minimum tax will have a dramatic
impact on the marketing of municipal bonds and are likely to result in increased
bond issuance costs to cities.
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FL -1. Federal Tax Policy: Impact on Cities (cont'd)
It is estimated that the restrictions and imposition of a lower per capita
volume limit on private purpose bond authority will result in the loss of 84
percent of the bond authority available to cities and other units of government
in Minnesota in 1986. As a result, cities will face long delays in obtaining
approval of bonds for local projects. Some needed improvements may simply not
be made or when authorized, the projects are likely to have increased in cost to
the city.
Finally, restrictions placed in the bill with respect to real estate
investment make it more difficult for cities to meet local housing needs. Such
changes are likely to lead to serious problems for cities as the value and
financial stability of both commercial property and multi -family housing
projects decline. Federal tax reforms also eliminate major tax incentives for
the construction of low- and moderate -income housing (and do not seek to
compensate for that loss with any increase in federal housing assistance to
cities).
For all these reasons, as well as for other negative effects of recent
federal income tax reforms that have not yet become apparent, the League of
Minnesota Cities urges Congress to make necessary changes in the federal income
tax provisions to enable cities to meet local needs.
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FL -2. General Revenue Sharing (GRS)
LMC continues to support the concept of direct federal assistance to local
government as an essential ingredient in our intergovernmental system and urges
Congress to reauthorize General Revenue Sharing at the FFY'86 level of funding.
Recognition of the importance of providing basic services at the local
level must be reflected in a program of direct federal assistance to cities.
Continued funding is needed along with revised allocation of GRS payments to
provide needed assistance to cities with most needs and the least ability to pay
for local services. FFY'87 GRS appropriations are not to be funded through
reductions in other programs to aid cities.
GRS provides the most efficient program of direct federal assistance to
local government, along with the flexibility that permits cities to use GRS
funds for needs and priorities determined at the local level.
The purposes for which General Revenue Sharing was created remain valid:
Direct assistance for general purpose local government to compensate cities for
the cost of federal mandates as well as to aid in the funding of local services
in areas of national interest. GRS also provides revenues to assist cities in
overcoming adverse effects of federal policies and national economic conditions.
Those purposes have special meaning for cities where unemployment, and loss of
local tax base and real estate values place an unreasonable burden on local
taxpayers to fund basic public services.
Reauthorization of GRS as an entitlement program is needed; making it
subject to annual appropriations aggravates current uncertainty over the future
of the program. If funding is not available for a multiyear entitlement, it
would be preferable to extend current payments for at least FFY'87 while
preparing a transition to a program that recognizes differences in local fiscal
capacity and provides a national and intra -state allocation that directs the
most assistance to cities with the greatest need and the least resources.
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FL -3. Targeted Fiscal Assistance
The League of Minnesota Cities supports the concept of targeted fiscal
assistance to cities as proposed in S. 2037, Targeted Fiscal Assistance Act of
1986.
The allocation of such federal aid must recognize differences among states
and direct funding to local unitsof government with the most need and the
greatest responsibility for the provision and delivery of public services. It is
clear that a more precise definition and recognition of the level of basic local
public services and responsibilities must be incorporated into the method of
determining the distribution of funds among local units of government.
The value of federal fiscal assistance to local government also depends on
the reliability of funding and the ability of the program to respond to changing
local economic and fiscal conditions. It is imperative that targeted fiscal
assistance be enacted as an entitlement to provide continuing federal aid to
those cities with the greatest need where local fiscal capacity is low.
The League's support of a more targeted approach to the distribution of
direct federal aid to cities is consistent with LMC support of General Revenue
Sharing. In the event that Congress fails to reauthorize GRS, LMC urges support
for a program of targeted federal fiscal assistance to cities.
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FL -4. Federal Deficit Reduction
The League opposes delegation by Congress of its authority to set federal
budget priorities to any non -elected federal official who cannot be held
accountable for across-the-board reductions required by the
Gramm -Rudman -Hollings Deficit Reduction Act of 1986.
Congress is the appropriate representative institution to determine how to
reduce the federal deficit while retaining the federal -local partnership and
programs to meet the needs of cities.
The League strongly urges the President and Congress to work together to
develop a balanced plan to raise federal revenues and restrain future
expenditures to bring the federal budget into balance within the next three
years.
Minnesota city officials are also concerned about the use of Highway Trust
Funds to balance the federal budget. Such actions break faith with the compact
with highway users stating that highway user fees are to be used only for
transportation purposes. They should not be used for deceptive efforts at
deficit reduction. Rather, such funds must be returned to states in a timely
manner with appropriate levels of spending authoirty in keeping with the
revenues that accrue to the Highway Trust Fund.
Action by the U.S. House of Representatives (in August 1986) to defeat
efforts to restore the automatic triggering of budget cuts for cities is
encouraging. Such decreases have already produced severe reductions in federal
aid to cities; restoration of automatic sequestering could result in the loss of
at least 6.7 percent more in federal funds for cities beginning in October 1986
(as of final snapshot of federal deficit provided on 10/6/86). Such reductions
would then occur twice within a single budget year for cities and fail to take
into account the impact on cities or their residents.
When added to the increase in the cost of new federal mandates;
restrictions on cities' authority to raise revenues under new tax reform
legislation; and the record losses already incurred as a result of the sharp
decreases in federal funds for cities since 1981, the triggering of a third
round of automatic Gramm-Rudman budget cutbacks to cities would produce sharp
decreases in every federal program for cities while protecting 90 percent of
total federalexpenditures from such across-the-board reductions.
Congressional budget reconciliation action taken to reduce the current
federal deficit below the Gramm-Rudman target for FFY '87, while welcomed as a
move that forestalls immediate additional Gramm-Rudman cuts, does nothing to
resolve current federal deficit reduction policy which unreasonably targets 100
percent of federal programs to cities for severe budget reductions while
protecting nearly all other federal expenditures from such across-the-board
budget cutbacks.
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FL -5. Low- and Moderate -Income Housi
The League strongly supports a strengthening of the federal role in
providing housing programs to aid cities in meeting the needs of low- and
moderate -income residents.
Federal housing policy must include continuation of low- and
moderate -income housing subsidies and funding for new construction of affordable
housing as well as assurance that new federal low-income housing tax credits
will be available to encourage investment in such housing projects financed with
tax-exempt bonds.
Expiration of federal subsidies for low- and moderate -income units, in
combination with the withdrawal of federal tax preference items for investors in
those properties, is likely to lead to substantial rent increases without a
change in the emphasis of federal housing policy. Displacement of renters who
will not be able to afford higher rents will threaten the availability of
decent, affordable rental housing in many cities.
The analysis of low- and moderate -income housing needs completed recently
by the National Association of Housing and Redevelopment Offficials (NAHRO)
underlines the need for reform of federal housing policy to respond to the
increased need for affordable housing in cities. It is estimated, according to
NAHRO housing statistics, that one out of six households will require such
housing subsidies within the next 15 years.
Special emphasis must be placed on provision of rental assistance to
individuals and families as well as on rehabilitation of single- and
multi -family housing units. No single approach is sufficient to deal with the
wide range of housing needs throughout the nation. Therefore, it is imperative
that a combination of federal programs and assistance be supported and that the
current decline in the federal role in such housing assistance be reversed.
The League urges Congress to provide incentives to owners of private low -
and moderate -income housing units to retain that property for such tenants
rather than to sell or redevelop the site. In addition, Congress must extend
Section 8 rental subsidies for another 15 -year period to provide housing for
city residents who are not able to afford unsubsidized rents.
The provision of federal tax reform legislation placing multi -family
housing bonds under the lowered state volume limits should be reversed. The use
of the new federal low-income housing tax credit should be allowed for housing
rehabilitation projects and those using federal housing subsidies and loans.
There is also a continuing need for federal programs to stimulate construction
of new affordable housing, to increase home ownership, and to rehabilitate
public housing as well as to provide for special as housing needs, such as
shelters for the homeless.
FL -7. Medicare Deductions for City Employees
The League urges Congress to maintain its commitment to a transitional
period for the imposition of Medicare coverage on state and local employees.
Proposed action to extend such coverage to all public employees in FFY'87,
including election judges, violates understandings that such requirements would
be phased -in over time.
Congress extended the requirement for Medicare coverage to all newly hired
state and local employees, including city election judges, as of April 1, 1986,
as part of the FFY'86 budget reconcilliation process. Expanding mandatory
participation in Medicare for remaining city (and other state and local)
employees amounts to levying a new payroll tax. When coupled with deep cuts
already made in federal funds to cities for FFY'87, such extended coverage
requirements would have an immediate and serious fiscal impact on cities.
Application of such a comprehensive mandate has presented cities with
unexpected difficulties. Responsibilities for the conduct of elections, for
example, is likely to become not only more expensive but also more difficult to
recruit and retain elections judges who will be required to have Medicare
deductions made from their modest level of payment for an essential local
government function.
Anticipated federal income tax cuts to middle-income employees would be
largely wiped out by such requirements. The proposal would more than offset the
tax cut anticipated by the four to five million people not currently
participating in Medicare. It is estimated that the '87 cost nationally to
state and local government will be $395 million, with an additional $395 million
in tax increases for employees. In Minnesota, based on 1985 payroll figures,
projected total city payroll cost increases would be at least $14 million next
year.
; )'0
FL -7. Medicare Deductions for Citv EmDlovees
The League urges Congress to maintain its commitment to a transitional
period for the imposition of Medicare coverage on state and local employees.
Proposed action to extend such coverage to all public employees in FFY'87,
including election judges, violates understandings that such requirements would
be phased -in over time.
Congress extended the requirement for Medicare coverage to all newly hired
state and local employees, including city election judges, as of April 1, 1986,
as part of the FFY'86 budget reconcilliation process. Expanding mandatory
participation in Medicare for remaining city (and other state and local)
employees amounts to levying a new payroll tax. When coupled with deep cuts
already made in federal funds to cities for FFY'87such extended coverage
requirements would have an immediate and serious fiscal impact on cities.
Application of such a comprehensive mandate has presented cities with
unexpected difficulties. Responsibilities for the conduct of elections, for
example, is likely to become not only more expensive but also more difficult to
recruit and retain elections judges who will be required to have Medicare
deductions made from their modest level of payment for an essential local
government function.
Anticipated federal income tax cuts to middle-income employees would be
largely wiped out by such requirements. The proposal would more than offset the
tax cut anticipated by the four to five million people not currently
participating in Medicare. It is estimated that the '87 cost nationally to
state and local government will be $395 million, with an additional $395 million
in tax increases for employees. In Minnesota, based on 1985 payroll figures,
projected total city payroll cost increases would be at least $14 million next
year.
.m
FL -8. Mandates
The League supports reimbursement of cities for additional costs imposed by
future federal mandates and urges congressional approval of the
Intergovernmental Regulatory Relief Act (S. 2387). The bill would provide
payments to states and cities for any additional direct costs imposed by federal
regulations adopted after enactment of the legislation.
Mandates have increasingly become a serious source of conflict between
the local and federal levels of government. As the federal role in domestic
programs has declined and assistance to cities has been reduced, the cost of
such federal requirements has been more difficult to afford at the local level.
Often such requirements do not reasonably respond to limited tax base and local
needs. In addition, congressional efforts to reduce the federal deficit have
passed on new costs to local government including expansion of Medicare
coverage requirements for employees and accelerated payment of social security
deductions. Tax reform provisions will also add to costs of issuing municipal
bonds.
S. 2387 requires both the executive and legislative branches of the federal
government to become more aware of the costs to local government of implementing
such regulations. The legislation also requires the federal government to
direct its attention to ways in which such costs can be reduced. The concept of
regulatory relief is welcome aid to dealing with the growth in the number and
cost of federal mandates that often overlook local priorities and fiscal
capacity.
S
FL -9. Stormwater Permits
LMC supports the establishment of national pollution discharge standards
and federal funding to achieve those levels. Such federal aid is to be separate
from and should not reduce current federal grants to cities for construction of
wastewater treatment facilities.
Primary focus of national pollution discharge standards should
be on industrial run-off and areas determined to be causing significant
pollution problems in association with such activity. The League also
recognizes the seriousness of agricultural sources of such pollution and urges
that guidelines be developed to encourage states and cities to undertake action
to restrict discharges that exceed national or state pollution standards.
The League supports congressional action to modify proposed EPA regulations
to require direct consultation with state and local officials in the development
of EPA stormwater management policy for state and local government and the
involvement of local officials in the development of the state stormwater
management plan. Such guidelines would take into consideration geographic
variables, costs and benefits and seek to address the most serious pollution
discharge problems.
Elimination of proposed requirements for cities to obtain permits for every
stormwater outfall is essential in the design of an abatement program directed
at the most serious stormwater management problems. Cities must not be forced
to undertake testing and regulation of stormwater run-off from countless
locations. It would be impossible for the U.S. Environmental Protection Agency
to enforce such permit requirements for all locations.
S
FL -10. SuDerfund
The League of Minnesota Cities supports the strengthening and improvement
of the federal hazardous waste clean-up policy and urges Congress to reauthorize
the program for FFY'87-90.
The League continues to support the need for a broad-based tax to be
imposed on generators, users, and manufacturers of hazardous materials as well
as on other industrial sources of such materials. Such revenues are critically
needed to accomplish hazardous waste site clean-up activities. Concern for
needed funding makes it imperative that reliable and stable sources of revenue
be provided to assure that the EPA -mandated schedule of clean-up is achieved.
Congressional action to improve the level of funding and the federal
sharing of clean-up costs for abandoned hazardous waste sites is encouraging to
cities. Extension of the 90 percent federal cost share for operation and
maintenance of clean-up sites to include treatment and measures required to
restore quality of ground and surface water is a major improvement over current
provisions. The inclusion of a more realistic timeline of up to 10 years for
such activities strengthens the role of the federal government in restoring the
local environment.
The right of cities to sue for damages to natural resources and to
undertake clean-up activities in advance of approval of plans by the state
pollution control agency is responsive to cities' concerns for prompt action and
the need to protect local residents. The authority of cities to seek recovery
of clean-up costs of previously contaminated property acquired by the city is an
essential protection for innocent third parties.
New provisions that mandate a schedule of clean-up activities and
establishment of funding for sites operated by the Department of Defense is
important recognition of the responsibility of the federal government to remove
threats to local residents caused by military production or activities within
the city.
MIM
FL -11. State and Local Pipeline Safety Control
WHEREAS, the recent rupture and explosion of a gasoline pipeline in Mounds
View, Minnesota, has demonstrated the potentially hazardous conditions of
underground pipeline transport of volatile petroleum products through the
residential, commercial, and industrial areas of the nation's cities; and
WHEREAS, there are nearly 2 million miles of liquid and natural gas
pipelines throughout the nation which receive inadequate federal monitoring or
inspection and;
WHEREAS, current federal law appears to pre-empt state and local authority
to regulate the operation, monitoring, transport, and safety of such pipelines;
and
WHEREAS, federal legislation has been introduced to establish a community
right -to -know policy with respect to substances transported through such
pipelines and to require the use of monitoring and valve techniques for both new
and old pipelines to detect leakage and assure automatic shutdown in the case of
such incidents;
NOW, THEREFORE, BE IT RESOLVED the National League of Cities should
strongly support HR 5401, to amend the Liquid Pipeline Safety Act of 1979 and
the Natural Gas Pipeline Safety Act of 1968 to require more stringent testing
procedures; increased community notification; installation of automatic
shut-off valves on all pipelines; and prohibiting construction of new pipelines
within 150 feet of residential, hospital, nursing home, school, or correctional
facilities or other permanently inhabited facility.
THE CITY OF PLYMOUTH
BOARD OF ZONING ADJUSTMENTS AND APPEALS
September 16, 1986
The Regular Meeting of the Board of Zoning Adjustments and
Appeals was called to order at 7:38 P.M.
MEMBERS PRESENT: Chairman Marofsky, Commissioners Quass,
Anderson, Mellen, and Musatto
MEMBERS ABSENT: Commissioners Cornelius and Bigelow
STAFF PRESENT: Associate Planner Al Cottingham and
Assistant Building Official Scott
McLellan
MINUTES
MOTION was made by Commissioner Anderson, seconded by Com-
missioner Musatto to approve the August 12, 1986 Minutes as
amended.
VOTE. 4 Ayes. Chairman Marofsky abstained.
NEW BUSINESS:
Chairman Marofsky introduced the Board Members and reviewed
the variance criteria as contained in the Zoning Ordinance.
The request submitted by Raymond Moles was introduced for an
appeals from an administrative decision to remove/relocate a
six foot high fence in the required front yard for property
located at 11200 46th Avenue North.
Mr. Moles introduced Mr. Mark Yost of 11205 46th Place North
and Mr. Steve Cook of 11215 46th Place North noting that
these two gentlemen had no objection to the fence where it
is currently located.
The Board discussed the request, noting that staff had in-
formed petitioner to remove or relocate this fence and Mr.
Moles is appealing this decision.
Mr. Moles reviewed his request stating the use of his
property would be restricted, since he has a corner lot
which confines the use of a portion of his yard. The fence
was erected for security reasons in order to keep family
pets and his children on the inside, as well as for
privacy. Mr. Moles stated he was not fully informed by staff
as to the fencing setback requirements. He believes that
this portion of his yard should be defined as an "equivalent
yard", as provided by the Ordinance, since his house is
addressed off of 46th Avenue and not Arrowood Lane. This
would not establish an undesirable precedent in the City by
allowing six foot fences in the "front yard" on corner lots.
MOTION TO APPROVE
MINUTES OF AUGUST 12,
1986
W. RAYMOND MOLES
11200 46TH AVENUE
NORTH APPEALS OF AN
ADMINISTRATIVE
DECISION
Page two
Board of Zoning Minutes
September 16, 1986
Mr. Moles reviewed the definition of
from the Zoning Ordinance. Mr. Moles
plural of side lot lines and therefor
have only one front yard.
front and side yard
stated that this is
e his property could
Chairman Marofsky referred Mr. Moles to the definition of
"front lot line" and "side lot line" as found in the Ordin-
ance, and noted that the definition of a front lot line is
"that boundary of a lot which abuts an existing or dedicated
public street". Under this definition, Mr. Moles has two
front lot lines and only one side lot line.
Mr. Moles stated the Ordinance is contradicting itself when
the definition of a front yard the plural "lot lines" is
used, rather than the singular "lot line" for corner lots.
The Board continued to discuss with the petitioner the
definitions of a front yard, and front lot line.
The Board discussed with staff what should be done with the
fence since a portion is located in the City right-of-way of
Arrowood Lane. Associate Planner Cottingham explained his
discussion with Public Works Director, Fred Moore, who
stated the petitioner would need to sign a document holding
the City harmless if any damage occurred to this fence,
since it is located on City property. That assumes the City
wants to allow the encorachment. Normally the fence would
be relocated by the owner, to be wholly contained on his
property.
The Board the fence regulations from the Ordinance and the
incomplete information Mr. Moles received regarding the
construction of fences on private property.
Mr. Moles inquired if his neighbors have no problem with
this fence in the current location, why should the City?
Chairman Marofsky expressed concern that if this fence were
allowed to remain, it would be difficult to regulate the
construction of fences over three feet in height on other
corner lots.
Mr. Moles suggested the City require permits for the
construction of fences since this would eliminate many of
the problems.
The Board discussed the size of this lot and the useable
yard area if this fence were at the 35 foot setback as re-
quired by the Ordinance. The Board concluded that the
petitioner would still have a large amount of yard to use,
and questioned the need to have the fence at the present
location. The Board discussed the Ordinance regulations
allowing fences on major collectors or arterials that was
brought about with Ordinance amendments in 1985.
Page three
Board of Zoning Minutes
September 16, 1986
Mr. Moles inquired what harm this fence would cause the
City? Chairman Marofsky responded that the fence sets an
undesirable precedent for allowing fences on corner lots,
and the City does not want fences over three feet in height
in the front yard.
The Board discussed the setbacks for a six foot high fence
and the fact that this fence was improperly located in the
City right-of-way for Arrowood Lane. The Board is not the
body to make the decision to allow the fence in the right-
of-way.
MOTION was made by Commissioner Mellen, seconded by Chairman NOTION TO DENY
Marofsky to deny the request for an apppeals from an admin-
istrative decision to remove/relocate a six foot high fence
in the required front yard for property located at 11200
46th Avenue North for Raymond Moles for the reasons stated
in the draft resolution.
The Board discussed the definintion of an "equivalent
yard". Associate Planner Cottingham noted that when this
house was constructed, it was allowed to face either
Arrowood Lane or 46th Avenue; thus, the City did not
restrict access to either street and therefore, this
definition does not apply to this particular lot.
VOTE. 5 Ayes. Motion carried. VOTE - NOTION CARRIED
The Board discussed the variance criteria and how this
proposal would have been ruled if the petitioner had come
before the Board for a variance to allow the construction of
this fence in the front yard. The Board said a resolution
denying a variance request on this property should be
adopted to show for the record that a variance to have the
fence in this location is not approved.
MOTION was made by Commissioner Quass, seconded by Commis- NOTION TO DENY
sioner Musatto to deny a variance from the maximum height of
fences in the front yard for property located at 11200 46th
Avenue North for Raymond Moles, since the Ordinance did not
create a hardship on this property when the fence was
constructed.
VOTE. 4 Ayes. Commissioner Anderson abstained. Motion VOTE - NOTION CARRIED
carried.
Chairman Marofsky explained the Ordinance appeals procedure.
The request submitted by
Charles and Marilyn Stuck was
CHARLES do NARILYN
introduced for a variance
from the minimum
building front
STUCK 4010 TRENTON
yard setback for property
located at 4010
Trenton Lane
LME VARIANCE FROM
North. Mr. Stuck reviewed the
request noting
that the over-
NINIMUN BUILDING
hang of this home extends into the front
yard and the
FRONT YARD SETBACK
kitchen addition would
not encroach
any further.
Page four
Board of Zoning Minutes
September 16, 1986
The Board discussed the setbacks of other homes in this area
and their proximity to front yard setbacks on corner lots.
The Board discussed possible alternatives for the location
of the deck and the concern of this setting a precedent for
other homes in the area. They discussed the hardships
created due to the size of this lot. This corner lot is the
same size as the interior lots, which does put constraints
on this property.
The Board continued to discuss the concerns of a deck
located in the front yard and Ordinance allowances for
overhangs and encroachments into the required front yard by
different structures. They discussed that there are homes to
the east of this property that are closer to 40th Avenue
than the proposal.
MOTION was made by Commissioner Musatto, seconded by NOTION TO APPROVE
Commissioner Quass to approve the request for a variance
from the minimum building front yard setback to allow for a
20.8 foot front yard setback for property located at 4010
Trenton Lane North for Charles and Marilyn Stuck for the
reasons stated in the draft resolution and on the basis that
when the house was built this addition could have been
constructed under the Ordinance in affect at that time.
VOTE. 5 Ayes. Motion carried. VOTE - NOTION CARRIED
The Board recessed for a five minute break.
The request submitted by William Broman was introduced for a WILLIAM BROMAN -
variance from the minimum building front yard setback for VARIANCE FROM THE
property located at 9530 17th Avenue North. Mr. Broman FRONT YARD SETBACK
reviewed his request noting the actual difference in 9530 17TH AVENUE
distance between his side property line and the pavement of NORTH
the frontage road.
The Board discussed the proposed setbacks with Mr. Broman
inquiring if Mr. Broman had considered turning his house
ninety degrees on the lot to give it a greater setback from
the east property line. Mr. Broman responded that he did not
want his house facing County Road 18; that would also
require a setback variance from the east property line. The
Board discussed with Mr. Broman the possibility of reducing
the size so a 10 foot setback could be maintained from the
east property line. The east would be a side yard, since the
access would be to 17th Avenue and not to the frontage
road. Mr. Broman was unsure if this would be acceptable.
Page five
Board of Zoning Minutes
September 16, 1986
The Board discussed the possibility of deferring this
application until the petitioner decided what he wanted to
do so.
The Board discussed the size of the house and the setbacks
requested, noting that the average setback to the east
property line is 10 feet with the closest point being eight
feet.
MOTION was made by Commissioner Quass to approve the NOTION TO APPROVE
variance as submitted since the average setback to the east
property line is 10 feet.
MOTION failed for lack of a second. NOTION FAILED
MOTION was made by Commissioner Mellen, seconded by NOTION TO DEFER
Commissioner Musatto to defer action for additional
information as to the actual request and final design.
The Board discussed the difference between deferring this
application and approving this application for the
petitioner as well as the required setback versus averaging
setbacks along a given line.
The Board discussed with Mr. Broman as to the minimum size
of the house desired. Mr. Broman stated that he had not
established a minimum size at this time.
The Board discussed the reasoning behind staff's thought of
maintaining 10 foot setback from the east property line.
Associate Planner Cottingham responded that as a side yard
a 10 foot setback should be maintained.
VOTE - 4 Nays - 1 Aye. MOTION failed. VOTE - NOTION FAILED
Mr. Broman stated he would like to change his request to
allow for a 10 foot setback along the east property line
rather than averaging the setbacks and to continue the 23.46
foot setback to the south property line.
The Board discussed this revision and noted they would be
comfortable with this change.
MOTION was made by Commissioner Quass seconded by NOTION TO APPROVE
Commissioner Mellen to approve the request for a variance
from the minimum building front yard setbacks to allow for a
10 foot setback to the east property line and a 23.46 foot
setback to the south property line for property located at
9530 17th Avenue North for William Broman for reasons stated
in the draft resolution.
VOTE 5 Ayes. MOTION carried. VOTE - NOTION CARRIED
Page six
Board of Zoning Minutes
September 16, 1986
The request submitted by Robert and Marjorie Demeules was
introduced for a variance from the minimum building side
yard setback, lot coverage and Shoreland management
regulations for property located at 1749 West Medicine Lake
Drive.
Mr. Demeule submitted a set of floor plans to the Board
members so that they could review the layout of the home and
understand the reason for the variances.
The Board discussed the lot coverage percentages with staff
since the survey did not show the deck that was shown on the
plan along with the bay windows. Associate Planner
Cottingham commented that the decks are included in the lot
coverage calculations but the bay windows are not because
they have no footings. He noted that with these additions,
the impervious surface would be 33 per cent assuming the
driveway were paved and the lot coverage by structures would
be 25 per cent.
Sohn and Patrica Reed of 1751 West Medicine Lake Drive
stated they were concerned with the variances being
requested since their property is immediately north of this
site and felt this would impede the amount of sunlight that
would reach their lot. Chairman Marofsky responded that if
this addition were shifted .9 feet to the south, there would
be no need for a variance on this side of the home. He went
on to state they could expand directly above the existing
foundation three stories and would not need a variance. But
by extending toward the lake and continuing the existing
setback is why the variance will be necessary.
MOTION was made Commissioner Musatto, seconded by
Commissioner Quass to approve the request for a variance
from the minimum building side yard setback, to allow for an
eight foot setback; and from the lot coverage requirements
to allow a 25 per cent lot coverage by structures. From the
Shoreland management regulations to allow a 33 per cent
impervious surface assuming the driveway were paved, for
property located at 1749. West Medicine Lake Drive for the
reasons stated in the draft resolution.
VOTE 5 Ayes. MOTION carried.
The request submitted by Gary Walter was introduced for a
variance from the minimum building side yard setback for
property located at 10815 41st Avenue North. Mr. Walter
reviewed the request noting only a corner of the garage
would encroach into the 15 foot setback and that the
neighbors house is 21.7 feet away from the side property
line. He stated they had investigated putting a freestanding
shed on their property but were unhappy with the appearance
of a detached structure.
1 _ --I C�—
ROBERT AND MARJORIE
DEMUELES FOR MINIMUM
BUILDING SIDE YARD
SETBACK, LOT COVERAGE
AND SHORELAND
MANAGEMENT
REGULATIONS
FOR 1749 WEST
MEDICINE
MOTION TO APPROVE
VOTE - MOTION CARRIED
GARY WALTER FOR SIDE
YARD SETBACK 10815
41ST AVENUE NORTH
-7c`-�
Page seven
Board of Zoning Minutes
September 16, 1986
Mr. Walter noted they currently keep one vehicle outside and
need more room for storage.
The Board discussed the possibility of storing some of the
accessory items currently kept in the garage, in the lower
level under the proposed billiard area. Mr. Walter commented
that this might create water problems due to the high water
table in the general area and the problems they currently
have in their basement.
The Board discussed what was creating the hardship for this
variance. The Ordinance required 15 foot setback to the
side property line was not a hardship since this house was
built for the Walters.
Other designs were discussed which would meet the setbacks
such as making the garage deeper, or adding only a storage
area to the north rather than a full third car garage. The
setbacks of these homes to Lost Lake were discussed and the
Board inquired how some of the houses were closer than the
50 foot Shoreland Management requirements. Associate Planner
Cottingham responded that when these homes were constructed,
the City had not adopted the Shoreland management
requirements.
MOTION was made by Chairman Marofsky seconded by NOTION TO DENY
Commissioner Musatto to deny the request for a variance from
the minimum building side yard setback for a 6 foot setback
for property located at 10815 41st Avenue North for Gary
Walter for the reasons stated in the draft resolution and
the addition of item #4 stating the petitioner is the
original owner of the home and has created their own
hardship.
VOTE 5 Ayes. MOTION carried. VOTE - NOTION CARRIED
Chariman Marofsky explained the right of appeals procedure.
ADJOURNMENT:
The meeting adjourned at 11:27 P.M.
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a Regular meeting of the Board of Zoning
Adustments and Appeals of the City of Plymouth, Minnesota, was held on the 16th day
of September 1986. The following members were present: Chairman Marofsky,
Commissioners Quass, Anderson, Mellen and Musatto
The following members were absent: Commissioners Cornelius
and Bigelow
Commissioner Mellen introduced the following Resolution and moved its
adoption:
RESOLUTION NO. B 86-22
DENYING APPEALS REQUEST FOR RAYMOND MOLES, 11200 46TH AVENUE NORTH (09-01-86)
WHEREAS, Raymond Moles has requested approval of an appeal from an administrative order
to allow for a six foot fence to remain in the Ordinance required front yard; and,
WHEREAS, the appellant has been directed to correct a violation of the City Ordinance
caused by erection of a fence that exceeds the Ordinance height maximum; and,
WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed said request;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF ZONING ADJUSTMENTS AND APPEALS OF
THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request for
Raymond Moles, for an administrative appeals to allow for a six foot fence in the
Ordinance required front yard for property located at 11200 46th Avenue North for the
following reasons;
1. Granting of the appeal would establish an undesirable precedent for corner
lots in the City of Plymouth.
2. Standards for a variance have not been met.
3. The Ordinance violation resulted from an action by the appellant.
The motion for adoption of the foregoing Resolution was duly seconded by
Chairman Marofsky , and upon vote being taken thereon, the following
voted in favor thereof: Chairman Marofsky, Commissioners Mellen, Quass, Anderson and
Musatto
The following voted against or abstained:
Whereupon the Resolution was declared duly passed and adopted.
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a Regular meeting of the Board of Zoning
Adustments and Appeals of the City of Plymouth, Minnesota, was held on the 16th day
of September . 1986. The following members were present: Chairman Marofsky,
Commissioners Quass Anderson Mellen and Musatto
The following members were absent: Commissioners Cornelius
and Bigelow
Commissioner Quass introduced the following Resolution and moved its
adoption:
RESOLUTION NO. B 86-23
DENYING VARIANCE REQUEST FOR RAYMOND MOLES, 11200 46TH AVENUE NORTH (09-01-86)
WHEREAS, Ravmond Moles has requested approval of a variance to allow for a six foot
fence in the Ordinance required front yard; and,
WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed said request;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF ZONING ADJUSTMENTS AND APPEALS OF
THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request for
Raymond Moles, for a three foot height variance fora six foot fence in the Ordinance
required front yard for property located at 11200 46th Avenue North for the following
reasons;
1. The variance criteria have not been met.
2. The Ordinance did not create a hardship for this lot.
The motion for adoption of the foregoing Resolution was duly seconded by
Chairman Musatto , and upon vote being taken thereon, the following
voted in favor thereof: Chairman Marofsk Commissioners Mellen Quass and Musatto
The following voted against or abstained: Commissioner Anderson
Whereupon the Resolution was declared duly passed and adopted.
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a Regular meeting of the Board of Zoning
Adustments and Appeals of the City of Plymouth, Minnesota, was held on the 16th
day of September . 1986. The following members were present: Chairman Marofsky,
Commissioners Quass, Anderson, Mellen and Musatto
The following members were absent: Commissioners
Cornelius and Bigelow
Commissioner Musatto introduced the following Resolution and moved its
adoption:
RESOLUTION NO. B 86-24
APPROVING VARIANCE REQUEST FOR CHARLES AND MARILYN STUCK, 4010 TRENTON LANE (09-03-86)
WHEREAS, Charles and Marilyn Stuck have requested approval of a 14.2 ft. encroachment
into the Ordinance front yard setback of 35 feet in order to construct a 6 ft. by 24.5
ft. deck and kitchen area onto their home; and,
WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed said request;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF ZONING ADJUSTMENTS AI4D APPEALS OF
THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request for
Charles and Marilyn Stuck, for a 14.2 ft. variance to allow a 20.8 ft. front yard
setback for property located at 4010 Trenton Lane for the following reasons:
1. The variance criteria have been met.
2. No other variances are granted or implied by this action.
The motion for adoption of the foregoing Resolution was duly seconded by
Commissioner Quass , and upon vote being taken thereon, the
following voted in favor thereof: Chairman Marofsky, Commissioners Musatto, Quass,
Anderson and Mellen
The following voted against or abstained: None
Whereupon the Resolution was declared duly passed and adopted.
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a Regular meeting of the Board of Zoning
Adustments and Appeals of the City of Plymouth, Minnesota, was held on the 16th
day of September . 1986. The following members were present: Chairman Marofsky,
Commissioners Quass, Anderson, Mellen and Musatto
The following members were absent: Commissioners
Cornelius and Bigelow
Commissioner Quass introduced the following Resolution and moved its
adoption:
RESOLUTION NO. B 86-25
APPROVING VARIANCE REQUEST FOR WILLIAM BROMAN, 9530 17TH AVENUE NORTH (09-04-86)
WHEREAS, William Broman has requested approval of a 25 ft. encroachment and an 10 foot
encroachment into the Ordinance front yard setbacks of 35 feet in order to construct a
24 foot by 36 foot home; and,
WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed said request;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF ZONING ADJUSTMENTS AND APPEALS OF
THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request for
William Broman, for a 25 ft. and an 10 ft. variances to allow an 8 ft. and a 23.46
front yard setbacks for property located at 9530 17th Avenue North for the following
reasons:
1. The variance criteria have been met.
2. No other variances are granted or implied by this action.
The motion for adoption of the foregoing Resolution was duly seconded by
Commissioner Mellen , and upon vote being taken thereon, the
following voted in favor thereof: Chairman Marofsky, Commissioners Quass,
Anderson, Mellen and Musatto
The following voted against or abstained: None
Whereupon the Resolution was declared duly passed and adopted.
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a Regular meeting of the Board of Zoning
Adustments and Appeals of the City of Plymouth, Minnesota, was held on the 16th
day of September . 1986. The following members were present: Chairman Marofsky,
Commissioners Quass, Anderson, Mellen and Musatto
The following members were absent: Commissioners
Cornelius and Bigelow
Commissioner Musatto introduced the following Resolution and moved its
adoption:
RESOLUTION NO. B 86-26
APPROVING VARIANCE REQUEST FOR ROBERT AND MARJORIE DEMEULES, 1749 WEST MEDICINE LAKE
DRIVE (09-05-86)
WHEREAS, Robert and Marjorie Demeules have requested approval of a 2 ft. encroachment
into the Ordinance side yard setback of 10 feet, a 25% lot coverage versus the
Ordinance required 20% and a 33% impervious surface versus the Ordinance required 30%
impervious surface for lots within a Shoreland Management area in order to construct an
addition and garage onto their home; and,
WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed said request;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF ZONING ADJUSTMENTS AND APPEALS OF
THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request for
Robert and Marjorie Demeules, for a 2 ft. variance to allow an 8 ft. side yard setback,
a 5% variance to allow a 25% lot coverage and a variance to allow a 33% impervious
surface for property located at 1749 West Medicine Lake Drive for the following
reasons:
1. The variance criteria have been met.
2. No other variances are granted or implied by this action.
The motion for adoption of the foregoing Resolution was duly seconded by
Commissioner Quass , and upon vote being taken thereon, the
following voted in favor thereof: Chairman Marofsky, Commissioners Quass,
Anderson. Mellen and Musatto
The following voted against or abstained: None
Whereupon the Resolution was declared duly passed and adopted.
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a Regular meeting of the Board of Zoning
Adustments and Appeals of the City of Plymouth, Minnesota, was held on the 16th
day of September . 1986. The following members were present: Chairman Marofsky,
Commissioners Quass, Anderson, Mellen and Musatto
were absent:
Cornelius and Bigelow
Chairman Marofsky introduced the following Resolution and moved its
adoption:
RESOLUTION NO. B 86-27
DENYING VARIANCE REQUEST FOR GARY WALTER, 10815 41ST AVENUE NORTH (09-06-86)
WHEREAS, Gary Walter has requested approval of a 9 ft. encroachment into the Ordinance
side yard setback of 15 ft. in order to construct a 12.3 ft. by 24 ft. third car
attached garage; and,
WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed said request;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF ZONING ADJUSTMENTS AND APPEALS OF
THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request for
Gary Walter, for a 9 ft. variance to allow a 6 ft. side yard setback for property
located at 10815 41st Avenue North for the following reasons:
1. The variance criteria have not been met.
2. An addition could be constructed within the Ordinance requirements.
3. Approval would establish an undesirable precedent.
The motion for adoption of the foregoing Resolution was duly seconded by
Commissioner Musatto , and upon vote being taken thereon, the
following voted in favor thereof: Chairman Marofsky, Commissioners Quass, Anderson,
Mellen and Musatto
The following voted against or abstained: None
Whereupon the Resolution was declared duly passed and adopted.
THE BASSETT CREEK WATER MANAGEMENT COMMISSION
Minutes of the Meeting of September 18, 1986
CALL TO ORDER:
The Bassett Creek Water Management Commission was called to order by
Acting Chairman Donald Asmus on Thursday, September 18, 1986, 11:35
A.M., at the Minneapolis Golf Club.
ROLL CALL: "
CRYSTAL - Commissioner Bill Monk (Also attended by Betty Herbes)
GOLDEN VALLEY - Commissioner Ed Silberman
MEDICINE LAKE - Commissioner Jim Padden
MINNEAPOLIS - Alternate Commissioner Marvin Hoshaw
MINNETONKA - Commissioner Don Asmus
NEW HOPE - Alternate Commissioner Jeff Johnson
PLYMOUTH - Commissioner Fred Moore
ROBBINSDALE - Commissioner Lee Gustafson
ST. LOUIS PARK - Commissioner Don Rye
Counsel: Curt Pearson
Engineer: Len Kremer, Barr Engineering Co.
Corps of Engineers: David Raasch
Recorder: Elaine Anderson
General Mills Representative: John Schevenius
APPROVAL OF MINUTES:
It was moved by Mr. Rye and seconded by Mr. Gustafson that the
minutes of the August 21 meeting be approved. Carried unanimously.
PRESENTATION OF FINANCIAL STATEMENTS:
Mr. Silberman presented the financial statement as of September 18,
1986, showing a checking account balance of $4.45, a savings account
balance of $22,778.18, and an investment balance of $225,548.65 and
moved its approval subject to audit. Seconded by Mr. Gustafson and
carried unanimously. He also presented the 1986 budget report as of
the same date for informational purposes.
PRESENTATION OF INVOICE FOR PAYMENT APPROVAL: None.
COMMUNICATIONS:
Actinq Chairman: None.
Counsel:
Mr. Pearson reported that contacts have been made with some apprais-
ers. They will also meet with the Corps of Engineers. We hope to
be able to tell you by the next meeting as to the choice.
Mr. Pearson said a meeting would be held with the Soo Line Railroad
tomorrow. He had talked to several several managers including Mr.
Tom Parsons, Regional Manager who had said he would try to process
the easements through the company.
BC Minutes - September 18, 1986 - Page 2
Engineer:
1) Mr. Kremer said he will attend the special hearing called by
the City of New Hope regarding assessing for their share of the
#215 project.
2) Mr. Kremer and Mr. Raasch of the Corps of Engineers will be
meeting to discuss the flood control project. Mr. Raasch
reported that the fiscal year is starting October 1. There is
5.4 million dollars in the budget. He said that he would like
to get the bill for the reimbursement to the City of Golden
Valley for the #215 project in as soon as possible. It is also
planned to reimburse MnDot for the advance tunnel work. Design
memos will also be started for the tunnel. If we get the ease-
ments, a contract for the #55 structure could be awarded. Dis-
cussion followed as to what we had to do regarding Golden Valley
making application for the #215 funds. It was moved by Mr.
Silberman that counsel and engineer work with the City of Golden
Valley to get started on the submittals to the Corps for reim-
bursement on the #215 contract. Seconded by Mr. Hoshaw. This
will involve the preparation of a breakdown as to what is
assignable to Golden Valley, the local people and the Corps.
The motion carried unanimously.
It was questioned whether we could make a partial payment
request and still keep it open. 3.5 million of the 5.4 million
has been budgeted for reimbursement to MnDot. Mr. Raasch says
the Corps estimated total reimbursement right now is 4.1 million
as they wish to keep some money out for design this year.
Future funding will provide the remaining reimbursement. The
Commission wants money to go to Minneapolis. It was moved by
Mr. Silberman and seconded by Mr. Gustafson that counsel and
engineer work with Minneapolis and MnDot to structure a bill to
the Corps of Engineers for the existing tunnel.
It was moved by Mr. Silberman and seconded by Mr. Moore that Mr.
Kremer prepare the DNR permit to construct the control structure
at Theodore Wirth. Carried unanimously.
NEW BUSINESS
1) Request by the Minneapolis Park Board to fill an area in Theo-
dore Wirth Park north of Highway 55. Park - Soo Line Railroad -
#55). A permit is being requested to fill about a 1.3 AF area.
The area has settled over the years and is being returned to its
natural elevation. There will be no loss of storage volume.
Their fill will be much lower than the flood level. Upon Mr.
Kremer's recommendations, Mr. Hoshaw moved that the engineer be
directed to prepare a letter indicating that the proposed
filling is acceptable. Seconded by Mr. Rye and carried unani-
mously.
BC Minutes - September 18, 1986 - Page 3 —7--7 V
2) Request by the City of Golden Valley for comments on a DNR
permit application to construct a new crossing of Golden Valley
Road over Bassett Creek just north of Highway 55 (vicinity of
Reese Greenhouse property). They will install a double 8x10 box
culvert 90 feet long. Mr. Kremer and the DNR have discussed the
design criteria. The maximum stage increase for a 100 year
flood is .10 foot. The existing Golden Valley road crossing
will remain. An erosion control plan was not submitted. Mr.
Kremer questions whether or not we should ask the City to
provide it. It was moved by Mr. Moore and seconded by Mr.
Silberman that the city of Golden Valley require that the
contractor prepare an erosion control plan which must be sub-
mitted to the Commission Engineer before the work is done.
Carried unanimously.
OLD BUSINESS
1) General Mills access road off Boone Avenue in Golden Valley.
General Mills has submitted the plan for comments. The existing
access road will be closed upon completion of Highway 394. Some
storage volume will be lost due to the completion of the access
road. Compensating storage, however, was provided by MnDot. A
long discussion followed as to type of storage, volume of
storage in the ponds, and the fact that General Mills was pro-
viding more compensation than requested and that they should
receive credit for this volume for future work in the area. Mr.
Kremer says their plans are consistent with the management plan.
It was recommended however, that it would be desirable to have
skimming on the westerly pond that would keep debris from going
to the MnDot pond. This could be done by putting a weir in the
manhole and submerging it in the pond. Mr. Schevenius said
there wouldn't be much debris. It was moved by Mr. Rye and
seconded by Mr. Moore that the plan be approved with the pro-
vision that some type of skimming be done on the westerly pond.
Carried unanimously. It was moved by Mr. Gustafson and seconded
by Mr. Hoshaw that some documentation be prepared for the extra
storage provided by General Mills. Mr. Hoshaw, however, wished
to go on record that he doesn't like to vote on aesthetics. The
motion carried unanimously.
Mr. Silberman asked if we were watching siltation on past
construction projects or permits that have been approved.
2) Medicine Lake Fish Barrier. Mr. Kremer reported that the plan
for the Medicine Lake fish barrier has been completed and the
request for bids is out. The plans were prepared for the City
of Plymouth. Mr. Kremer briefly walked through the plans and
said that he anticipates some budget problems with the struc-
ture. They had to provide a minimum of 4 feet of difference
between the tailwater and headwater at the 100 year flood
discharge. He estimates the total cost to be about $80,000.
BC Minutes - September 18, 1986 - Page 4
-�b
Other factors affecting the cost include a sand lense under the
structure which requires the contstruction of an impervious
blanket and channel excavation downstream to lower the tailwater
level. $75,000 has been provided by Hennepin County Park
Improvement .District, the Lake Improvement Fund, and the
Department of Natural Resources for building the structure.
Some money could be saved by using a pile cap instead of the
rock facing but budget problems will still be involved.
Possibly, we would get some more money from the Lake Improvement
-Fund-, and we could talk to the DNR. Mr. Kremer requested
authorization to use some monies budgeted for engineering
design. Mr. Pearson suggested that the Executive Committee be
authorized to expend up to $10,000-11,000 if necessary. It was
moved by Mr. Moore and seconded by Mr. Silberman that the
Commission authorized the expenditure of up to $11,000 to pay
for the design and engineering of the Medicine Lake Fish
Barrier. In discussing the question, Mr. Silberman asked if the
DNR might be willing to reduce their requirements regarding the
4' difference. Mr. Kremer indicated that the DNR wants the
structure built that way but that he would discuss the criteria
with them. The motion carried unanimously. Mr. Moore said he
would like to see the plans. Mr. Hoshaw moved that the Commis-
sion accept the fish barrier plans and authorized the City of
Plymouth to accept the plans. Seconded by Mr. Padden and
carried unanimously.
3) The status of the Golden Valley Country Club construction was
discussed briefly. A call had been received from the club and
Mr. Raasch has the drawings. He anticipates looking at the
design by October 1. No fall construction is likely.
4) Mr. Hoshaw said that Edwards and Kelcey will be meeting with the
City of Minneapolis on Friday to discuss the tunnel design and
alignment.
ADJOURNMENT
It was moved by Mr. Silberman and seconded by Mr. Rye that the meet-
ing adjourn. Acting Chairman Asmus adjourned the meeting at 1:25
P.M.
Donald Asmus, Acting Chairman
Donald Asmus, Secretary
Elaine Anderson, Recorder
Date:
PLYMOUTH POLICE DEPARTMENT
MONTHLY REPORT
CLASS I
I MURDER RAPE I ROBBERY I ASSAULT I BURGLARY I THEFT I AUTO THEFT I ARSON
1985 I 0 I 0 1 0 I 13 I 20 I 89 I 5 I 1
1986 0 I 0 1 0 I 10 I 24 I 75 I 4 I 0
TOTALS 1985 128
1986 113 -11.7%-
CLASS II
MONTH SEPTEMBER - 1986
FORGERY EMBEZZEL STOLEN WEAP PROSTI SEX GAMB OFFENSES LIQ DISORDERLY
COUNTERFEITIFRAUDI MENT IPROPERTYIVANDALISMIOFF ITUTIONIOFFINARCILINGIFAM/CHILDID.W.I.I LAW I CONDUCT I OTHER I
1985 0 110 I 0 1 1 I 36 10 I 0 1 4 113 10 I 1 1 49 16 I 2 1 21 I
1986 4 1 12 1 0 I 0 I 52 10 I 0 1 9 15 I 0 I 3 1 25 111 I 9 I 35 I
TOTALS 1985 143
1986 165 +15.4%
CLASS III
FATAL PERSONAL PROPERTY SNOWMOBILE MEDICAL SUICIDE NATURAL ANIMAL
I_ ACCIDENT INJURY I DAMAGE I ACCIDENT I DROWNING I EMERGENCY I SUICIDE I ATTEMPTS I DEATH I BITES (FIRE I
1985 I 0 I 14 I 54 I 0 I 0 I 54 I 0 I 0 I 1 I 4 15 I
1986 I 0 I 24 I 78 I 0 I 0 I 56 ( 0 I 2 I 1 I 5 i 21 I
TOTALS 1985 142
1986 187 +31.7%
CLASS IV
ANIMAL FALSE LOCK OTHER WARRANT TRAFFIC FIREARM SUSPICION MISSING LOST PUBLIC
IDOMESTICIDETAILIALARMSIPROWLERIOUTS IAGENCYISERVED IDETAIL IVIOLATIONIINFORMATIONIPERSON IFOUNDINUISANCEI MISC.
1985 (_ 16 1 122 1 91 I 2 1116 I 39 1 26 I 114 I 1 I 87 I 0 I 24 1 82 I 118
1986 �_ 18 1 144 1 109 1 9 1125 I 34 1 18 1 159 1 6 I 118 1 7 1 17 1 159 ( 80 I
TOTALS 1985 838
1986 1,003 +19.7%
HAZARDOUS VIOLATIONS 1985 561 1986 361 -35.7%
NONHAZARUOUS VIOLATIONS 1985 530 1986 400 -24.5%
CRIMINAL OFFENSES CLEARED 1985 27.3%
1986 36.8%
TOTAL NUMBER OF INCIDENTS 1985 1,251
1986 1,468 +17.3%
PLYMOUTH POLICE DEPARTMENT
MONTHLY REPORT
CLASS I
MURDER RAPE ROBBERY ASSAULT BURGLARY THEFT AUTO THEFT ARSON
1985 0 0 4 102 191 794 57 4
1986 0 4 7 144 192 720 73 3
TOTALS 1985 1,152
1986 1,143 -1%
MONTH JANUARY - SEPTEMBER 1986
CLASS II
FALSE
LOCK
ASSIST
OTHER
FORGERY
EMBELLEL STOLEN WEAP
PROSTI SEX GAMB OFFENSESLQ.
DISORDERLY
COUNTERFEIT IFRAUDI
MENT 1PROPERTYlVANDALISMIOFF
ITUTIONIOFFINARCILINGIFAM/CHILDID.W.I.ILAW
I CONDUCT I OTHER
1985 6 1 130
0 5 ( 345 2
0 1 201 70 1 0 1 6 1 287
1 21 29 254
1986 24 1 85
3 2 463 4
0 1 281 78 1 0 1 15 1 309
t 88 54 360
TOTALS 1985 1,175
1986 1,513 +28.8%
CLASS III
MEDICALFATAL PERSONAL PROPERTY SNOWMOBILE SUICIDE NATURAL ANIMAL
ACCIDENT INJURY DAMAGE ACCIDENT DROWNING EMERGENCY SUICIDE ATTEMPTS DEATH I BITES I FIRES
1985 2 124 483 0 0 518 1 6 15 23 180
1986 2 138 596 0 0 538 2 27 14 43 194
TOTALS 1985 1,352
1986 1,554 +14.9%
CLASS IV
ANIMAL
FALSE
LOCK
ASSIST
OTHER
WARRANT
TRAFFIC
FIREARM SUSPICION
MISSING
LOST
PUBLIC
IDOMESTICIDETAILIALARMSIPROWLERI
OUTS
JAGENCYISERVED
IDETAIL IVIOLATIONJINFORMATIONIPERSON
IFOUNDINUISANCE1
MISC.
1985 154 1153
794 66
937
284
182
1089
20 962
13
167
927 1272
1986 205 11153
846 59
1146
341
262
1521
28 964
26
153
1230 879
TOTALS 1985
8,020
CRIMINAL OFFENSES CLEARED 1985
31.0%
1986 8,813 + 9.9%
HAZARDOUS VIOLATIONS 1985 3,283 1986 3,637 +10.8%
NONHAZARDOUS VIOLATIONS 1985 5,026 1986 4,246 -15.5%
1986 32.7%
TOTAL NUMBER OF INCIDENTS 1985 11,699
1986 13,023 +11.3%
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PLYMOUTH FIRE DEPARTMENT
MONTHLY REPORT
TYPE OF REPORTED INCIDENTS BY TIME OF DAY
MONTH SEPTEMBER 1986
CS vJ
0001 0401 0801 1201 1601 2001 CONFIRMED FALSE PERMITS ESTIMATED
1 0400 1 0800 1 1200 1 1600 1 2000 12400 ( CALLS I ALARMS I TOTAL I ISSUED I LOSS
PRIVATE DWELLINGS I I 1 I
1 I
2 I 2 I I
2
I 4
I 6 I --
I $400
APARTMENTS 1 6 1 3 1
5 1
2 I 5 I 3 1
2
I 22
I 24 I --
1 100
HOTELS AND MOTELS I I I
I
I 1 1 I
0
I 1
I 1
ALL OTHER RESIDENTIAL I 1 I
I
I 1 I
0
I 0
I 0
PUBLIC ASSEMBLY I I I
I
I 1 I I
0
I 1
I 1 I --
I -- I
SCHOOLS AND COLLEGES I 1 1 I
2 I
1 I I I
1
I 3
I 4
_
HEALTH CARE INSTITUTIONS I I 2 I
l i
I I l I
O
I 4
I 4
PENAL INSTITUTIONS I I I
I
I I I
0
I 0
I 0 I --
STORES AND OFFICES I l I I
1 I
I I I
1
I 1
I 2
INDUSTRY, MFG I I 1 I
4 I
3 I l I I
1
I 8
I 9 I --
I 8,000
STORAGE IN STRUCTURES I I I
I
1 I l I I
2
I 0
I 2 I --
I 35,000 I
SPECIAL STRUCTURES I I I
I
I 1 I I
1
I 0
( 1
_
FIRES OUTSIDE OF STRUCTURES I I l i
I
I I I
0
I 1
I 1
FIRES IN HIGHWAY VEHICLES I 1 I I
2 1
1 I 1 I 1 I
3
I 3
I 6 I --
1 1,300
_
FIRES IN OTHER VEHICLES I I I
I
I I 1
0
I 0
I 0
FIRES IN BRUSH, GRASS I I
I I
I l I I
1
I 0
i 1
FIRES IN RUBBISH, DUMPSTERS I I
I I
I I I
0
I 0
( 0 I --
ALL OTHER FIRES I I
I
I I I I
0
( 0
I 0
_
MEDICAL AID RESPONSES I I
I
I l i I I
1
I 0
I 1 I
I --
"MALICIOUS FALSE ALARMS I I
I
I I I I
0
I 0
I 0
MUTUAL AID OR ASSISTANCE I I
I ( I I
0
I 0
I 0
ALL OTHER RESPONSES I l I
I l
I I l I l I
4
( 0
I 4
TOTALS I 9 I 9 1 17 I 11 I 15 I 6 I 19 I 48 I 67 I 0 I $44,800 I
"INCLUDED IN FALSE ALARMS TOTALS
SEPTEMBER 1985
CONFIRMED CALLS 14
FALSE ALARMS 24
TOTAL CALLS 38
ESTIMATED LOSS $16,500
PLYMOUTH FIRE DEPARTMENT
MONTHLY REPORT
TYPE OF REPORTED INCIDENTS BY TIME OF DAY
J
MONTHLY JANUARY - SEPTEMBER 1986
1
0001
0400
0401
1 0800
0801
1200
1201
1600
1601
2000
2001
2400
CONFIRMED
CALLS
FALSE
1 ALARMS
NUMBER OF
PERMITS
1 TOTAL ISSUED 1
ESTIMATED
LOSS
PRIVATE DWELLINGS
2 1
7
1 12
16
26
1 15 1
48
30
I 78 1 - 1
$155,6001
APARTMENTS 1
20
27
20
1 30
1 33
29 I
20
1 139
1 159 1 - - 1
4,5001
HOTELS AND MOTELS
2
1
1
2
1 3
1 1 1
0
1 8
1 8
ALL OTHER RESIDENTIAL 1
1
1 2
1
1 1
1 1
0
1 3
1 3
PUBLIC ASSEMBLY 1
1 1
1 2
1 1
1 2
1 1 1
5
1 2
1 7
SCHOOLS AND COLLEGES 1
1
3
1 2
1 4
1
i 1 1
5
1 5
1 10 1 --
1 2001
HEALTH CARE INSTITUTIONS 1
1
1 3
1 6
1 7
1 3
1 4 1
2
1 22
1 24 1 1
1 - -1
PENAL INSTITUTIONS I
I
I
1 1
1
1 1
0
1 1
1 1 1 --
I 1001
STORES AND OFFICES I
1
1 2
1 6
1 3
1 5
1 2
1 3
1 16
1 19 1 --
1 - -1
INDUSTRY, MFG. 1
1 4
1 15
1 12
1 9
1 4
1 10
1 34
1 44 1 --
1 40,4501
STORAGE IN STRUCTURES I
1
1
1
1 1
1 1
1
I 3
1 0
1 3 1 --
1 46,6001
SPECIAL STRUCTURES
1
1
1
1 1
1
1 2
1 0
1 2 1 --
FIRES OUTSIDE OF STRUCTURES
1
1 1
1
1
1 1
1
1 1
1 1
1 2 1 --
FIRES IN HIGHWAY VEHICLES
1 4
1 4
1 8
1 10
( 7
1 2
1 25
1 10
1 35 1 --
1 39,6601
FIRES IN OTHER VEHICLES
1
1
1
1
1
1 1
1 1
1 0
1 1 1 --
1 1,0001
FIRES IN BRUSH, GRASS
1 1
1 2
1 1
1 7
1 13
1 3
1 24
1 3
1 27
FIRES IN RUBBISH, DUMPSTERS
1 1
1
1
1 1
1 4
1
1 6
1 0
1 6
ALL OTHER FIRES
1
1
1
1 1
1 2
1 6
1 9
1 0
1 9 1 --
1 1,0001
MEDICAL AID RESPONSES
1
1 1
1
1 2
1 1
1
1 4
1 0
1 4
*MALICIOUS FALSE ALARMS
1
I
1
1
1
i
1 0
1 0
1 0
MUTUAL AID OR ASSISTANCE
1
I
1
1
1 1
1 1
1 2
1 0
1 2
ALL OTHER RESPONSES
I 2
1 4
1 5
1 4
1 7
1 7
1 23
1 6
1 29
TOTALS 1 36 1 58 1 79 1 103 1 120 1 77 1 193 1 280 1 473 1 1 1 $289,1101
*INCLUDED IN FALSE ALARM TOTALS
JANUARY - SEPTEMBER 1985
CONFIRMED CALLS 207
FALSE ALARMS 213
TOTAL CALLS 420
ESTIMATED LOSS $310,225
LeFevere
Lefler
Kenned%
O'Brien K
Dray~; z
riol"'imial
:%. 4K IJI(,III
2000 First Bank Place West
October 13, 1986
Minneapolis
Minnesota 55402
Telephone (612) 333-0543
Sgt. Tom Saba
Telecopier (612) 333-0540
Plymouth Police Dept.
Clayton L. LeFevere
City of Plymouth
Herbert P Lefler
3400 Plymouth Blvd.
J Dennis O'Brien
Plymouth, MN 55447
John E. Dravvz
David J. Kennedy
John Dean
Re: Jeff Howard Criminal Violation Dispositions
Glenn E. Purdue
Richard J Schieffer
Charles L. LeFevere
Dear Tom:
Herber, P. Lefler III
James J. Thomson, Jr.
This letter is a follow up to our telephone conference on
Thomas R Gait
Dayle Nolan
October 9, 1986 regarding the settlement of the cases
Brian FRice
pending against Jeff Howard from August and September,
John Kressel
1985. Under the circumstances, I was very pleased with
S
Lorraine Ciugg
James M Strommen
em
the additional leverage we were able to obtain from the
Ronaid H. Batt,
settlement. we can now focus on present and future
\Rhiham P. Jordan
situations created by Howard.
Susan Dickel M nsberg
Kurt J Erickson
'Alillia- R Skallerud
The following are the terms of the October 9 settlement:
Rocney D. Anderson
Cornne A Heine
John .; McDonald, Jr
1. Howard pleaded guilty to a misdemeanor --no dog
Davic D Beaudo,n license charge. He was sentenced to 30 days in the
workhouse and a $100.00 fine. The 30 days is stayed
for one year on the condition that he is not charged
with any dog license violations within that time.
2. we continued an animal trespass charge for one year,
to be dismissed at the end of that period. The
conditions of the dismissal are that he pay $50.00
in court costs to the City and that he not be
charged with any same or similar offenses with
respect to cows. The limitation on cows was a
compromise to which I agreed in my attempt to reach
a resolution.
The most significant aspect of this settlement is the dog
license condition. It is almost a certainty that when
the inspection team inspects Howard's property they will
find one or more dogs with no licenses. This expected
situation will create an immediate revocation possibility
on the 30 days.
Sgt. Tom Saba
October 13, 1986
Page 2
As I indicated by telephone, please don't hesitate to
send me all information regarding animals at large as
they are brought to your attention. We are presently
reviewing the possibility of an injunction based on
public nuisance.
Thank you for your cooperation.
Very truly yours,
LeFEVERE, LEFLER, KENNEDY,
O'BRIEN & DRAWZ
James M. Strommen
cc: James Willis
3/0007lt03.h37
Dim and Associates, Inc.
L E A D E R S I N P U B L I C F I N A N C E
=-1c)
NEWSLETTER
OFFICES IN MINNEAPOLIS AND WAIIKESHA • 507 Marquette Avenue • M nneapoi,s MN 554021255 612 3398291
October, 1986
VOLUME 32, NUMBER 5
FILE: Financial Specialists: Ehlers and Associates, Inc.
Please distribute to governing body members
TAX REFORM - A LASTING IMPACT
Tax reform has finally become a reality and hopefully the uncertainty in the market brought about by the Tax
Reform Act will be ended. We do know that municipal finance will be more complicated and specialized. A three
tier municipal market may result. There would be a tax-exempt market as we know it today where interest
earned is not subject to any federal taxation. There could be a second tax-exempt market with interest earned
subject to the alternative minimum tax (AMT). These tax-exempt bonds subject to AMT may carry an interest
rate 1/2 to 3/4 of 1 % higher than other tax -exempts. There will be an additional market where municipalities
issue taxable bonds. Interest rates are projected to be 2% higher than that of U.S. Treasury securities.
SAVINGS FROM POOLED BOND FINANCING
Most pooled bond financing has been designed around variable rate financing to maximize the arbitrage spread the
pool bond proceeds can generate. The Tax Reform Act has tightened the arbitrage restrictions on pooled bond
financing. With less difference between long term and short term municipal interest rates and the lack of
arbitrage, pooled bond financing is not as attractive.
Promoters of the pooled financing still argue that this financing method will generate an interest savings to
municipalities. What the promoters overlook is the high quality credit found in Upper Midwest bonds. Municipal
bonds in the Upper Midwest generally trade at lower interest rates than bonds from other parts of the United
States.
A comparison of projected pooled bond interest savings as of September, 1986 is demonstrated as follows:
The projected interest savings of 1/2 of 1% for Upper Midwest pooled financing is not a substantial enough
difference in our minds to justify the other risks associated with pooled financing.
FUTURE SHORTFALLS IN SPECIAL ASSESSMENT SINKING FUNDS?
With the rush by homeowners to refinance home mortgages, many outstanding special assessments are being
prepaid. Municipalities are finding that they can only reinvest the prepaid special assessments at 7 to 7 1/2%
even though the bonds issued to finance the special assessments are outstanding at a 2% to even 3% higher
interest rate. Check the call dates on the bonds to see when they can be paid off. This shortfall in future interest
earnings could result in future tax levy or an increased future tax levy. An analysis of the sinking fund out to the
maturity date of the bonds is recommended to determine the future tax impact. Ehlers and Associates has
assisted many communities in completing this analysis. Please call for assistance.
Very truly yours,
EHL S AND ASSOCIATES, INC.
even F. Apfel c r
Director -Senior i President
Projection Using
Projection Using
National Index
Upper Midwest Index
20 year "A" rated municipal bond
7.625%
6.5%
Less: 7 day variable bond interest
rate for pooled financing
4.5%
4.5%
Project coupon savings
3.125%
2.0%
Less ongoing pooled financing
operating expense; For underwriter
1.00%
1.00%
For local administration
.50%
.50%
Projected actual interest savings
per year for pooled bond financing
1.625%
.50%
The projected interest savings of 1/2 of 1% for Upper Midwest pooled financing is not a substantial enough
difference in our minds to justify the other risks associated with pooled financing.
FUTURE SHORTFALLS IN SPECIAL ASSESSMENT SINKING FUNDS?
With the rush by homeowners to refinance home mortgages, many outstanding special assessments are being
prepaid. Municipalities are finding that they can only reinvest the prepaid special assessments at 7 to 7 1/2%
even though the bonds issued to finance the special assessments are outstanding at a 2% to even 3% higher
interest rate. Check the call dates on the bonds to see when they can be paid off. This shortfall in future interest
earnings could result in future tax levy or an increased future tax levy. An analysis of the sinking fund out to the
maturity date of the bonds is recommended to determine the future tax impact. Ehlers and Associates has
assisted many communities in completing this analysis. Please call for assistance.
Very truly yours,
EHL S AND ASSOCIATES, INC.
even F. Apfel c r
Director -Senior i President
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CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: October 15, 1986
TO: James G. Willis, City Manager
FROM: Scott L. Hovet Cit Assessor
Y �Lb��
SUBJECT MINNESOTA CITIES MAGAZINE ARTICLE — 1986 PROPERTY TAX STATISTICS
Again this year, some very interesting statistics came out of the League's
magazine October issue, Table I on page 18 among other things compares
population, city total values, mill rates, credits and tax burden for property
taxes payable in 1986 for all 91 cities in the 7 county metro area with
population greater than 2,000 persons.
Name Population
Assessed Value
Total Mills City Mills
1)
Minneapolis
360,000
$3,196,202,000
111.258
34.890
2)
St. Paul
267,000
1,759,779,000
127.170
35.888
3)
Bloomington
84,289
898,363,000
105.816
18.277
4)
Brooklyn Park
51,424
288,507,000
114.922
22.586
5)
Edina
45,523
711,408,000
95.044
11.303
6)
Coon Rapids
42,900
213,763,000
110.786
20.801
7)
St. Louis Park
42,713
427,272,000
112.058
18.305
8)
Minnetonka
42,636
533,737,000
104,814
16.821
9)
Burnsville
42,583
369,219,000
113.907
24.552
10)
Plymouth
41,207
424,706,000
103.918
15.383
11)
Richfield
36,891
232,085,000
111.584
20.048
12)
Egan
35,311
253,940,000
105.002
20.994
In comparison to the other major cities, Plymouth's population remained in the
10th position (in the top ten) this year in 1986! Our assessed value is still
the 7th largest and our City mill rate dropped from the third lowest to the
second lowest in these above named major cities. The highest mill rate award
this year goes to the city of South International Falls at 211.022!
cc: D. Hahn
F. Boyles
Special
Report
Counties To Experience
lnf structure Shortfalls
A survey indicates that through 1990 counties may not have funds
to pay for 47 percent of their public works needs, including 76
he national scope and dimen-
sion of the infrastructure
problem has been relatively
well defined and documented.
Studies conducted by the Congressional
Budget Office and the Joint Economic
Committee of Congress have quantified
annual levels of infrastructure invest-
ment and identified dimensions of
shortfall ranging from $18.5 billion to
$26 billion per year.
National categorical surveys and as-
sessments show the nation will need as
much as $109 billion in municipal
wastewater treatment facilities, $230
billion in roads and bridges, and a min-
imum of $37 billion for mass transpor-
tation facilities between now and the
year 2000. While these are informative
indicators of the overall dimension of
need, disaggregating these massive esti-
mates into meaningful numbers often is
difficult, especially to the levels of gov-
ernment where the projects originate,
are paid for and built.
This is especially true on the county
level. The characteristics of county gov-
ernment vary so widely across the na-
tion, from state to state and from rural
to urban, that characterizing their in-
frastructure responsibilities and defin-
ing their relative needs are difficult.
Rural counties always have been identi-
fied with building and maintaining
roads and bridges, but what of their
role in water supply or wastewater
treatment? And is there an entirely new
need emerging in non -urban counties to
finance and manage sophisticated solid
waste disposal facilities? Urban coun-
ties can be even more difficult to char-
acterize since their responsibilities for
major infrastructure services are fre-
quently shared with other levels of gov-
ernment in the metropolitan region.
As a result, the National Association
of Counties commissioned a survey,
3n
percent for water supply.
conducted by Chambers Associates Inc.
and funded by a grant from Bear,
Stearns & Co. Inc., to provide a better
profile of county government and its
involvement in infrastructure develop-
ment and financing. The survey was de-
signed to profile a cross-section of
county governments — urban, nonur-
ban and those counties in transition —
where demands for infrastructure facil-
ities and services are most pressing. Of
the 36 counties surveyed, 27 responded
representing 11 states and nearly 6 per-
cent of the nation's population.
Roads, bridges, mass transit, water
supply, wastewater treatment and solid
waste disposal were the focus of this
analysis. Counties traditionally are re-
sponsible for a variety of other capital
assets, including schools, jails, airports,
and parks and recreation facilities, but
overall, the areas selected for the survey
comprise the major requirement for
county capital investment.
While the survey does not address
such areas as the variety of techniques
used by counties to deal with their in-
frastructure needs, the results can be
advanced as reasonably accurate gener-
alizations of county infrastructure re-
sponsibilities. The results should en-
hance the understanding of county -level
public works financing, the relative di-
mension of anticipated expenditures as
compared to need, and the scope and
nature of the problem facing this level
of government in the next few years.
Rehabilitation, expansion and new
construction account for three-quarters
of anticipated county capital investment
in public works facilities. This is true in
virtually every responding county, re-
gardless of its demographic characteris-
tics. The remaining quarter of antici-
pated expenditures was directed at a fa-
cility's repair and maintenance.
The implication of this finding is that
counties, overall, foresee a short-term
(five years) need to invest the majority
of their capital either to provide totally
new infrastructure capacity or expand
and upgrade existing facilities.
County responsibilities for infra-
structure fall predominantly in three
areas: roads, bridges and solid waste
disposal. Respondents indicated more
than 90 percent of their anticipated ex-
penditures between now and 1990 will
be directed at just these three cate-
gories.
Overall, county responsibilities for
the other infrastructure areas in the sur-
vey — water supply, wastewater treat-
ment and mass transportation — are
much more limited. In urban counties,
these services often are supplied by a
multi -governmental authority or ser-
vice, such as a regional transportation
or waste management authority, thus
relieving the county government of ma-
jor responsibility in supplying, financ-
ing and operating these services. In non-
urban counties, mass transportation
virtually is non-existent, water supply
often privately owned or municipally
run, and wastewater treatment nor-
mally a municipal rather than county
responsibility.
Potential county funding shortfalls
are imposing. From now until 1990,
counties may not have the funds to pay
for 47 percent of their public works
needs. The shortfall in funding for both
roads and solid waste disposal is esti-
mated at 40 percent.
In other categories, where a county
indicates a major responsibility, the an-
ticipated shortfall is even larger. This is
especially true of wastewater manage-
ment and water supply, where antici-
pated shortfalls are 72 and 76 percent,
respectively.
When broken out by type of county,
high-growth counties identify the great -
est overall need for new investment as
well as the largest anticipated shortfall.
Most of these needs are in the areas of
roads, solid waste disposal and waste-
water treatment. These counties see ex-
isting sources of funds taking care of
only about half of their anticipated
needs for roads and wastewater treat-
ment during the next five years.
Like their urban counterparts, growth
and non -urban counties see solid waste
disposal as their second largest area of
need. This undoubtedly is reflective of
;a growing recognition of the environ-
�nental problems associated with sani-
!ary landfills, the exposure of the gov-
,:rnment to liability for soil and water
contamination from poor disposal
practices, and the anticipated impact of
new state and federal environmental
laws.
Three revenue sources — general
tares and revenues, user fees, and state
grants — are relied on most heavily to
finance county public works. Special
assessment financing and federal grants
(exclusive of general revenue sharing)
also are relied on extensively for trans-
portation -related facilities. The exact
nature of special assessment techniques
varies significantly from homeowner -
funded improvements, such as roads
and sidewalks, to impact fees assessed
on developers for roads, water, sewers
and other public services.
Counties are less
inclined to rely
on General Revenue
Sharing in
preparing their
capital budgets.
Counties rely less heavily on bonded
indebtedness, especially compared to
other levels of local government. How-
ever, this may change. Heavy new
funding requirements for solid waste
disposal facilities, together with possi-
ble reductions in federal assistance, may
cause counties to turn increasingly to
the financial market to raise needed
funds.
General Revenue Sharing, when used
to pay for infrastructure facilities, is
dedicated to finance those components
of public works for which counties are
primarily responsible — bridges and
roads. However, because of the uncer-
tainty surrounding future availability,
counties are less inclined to rely on rev-
enue sharing in preparing their capital
budgets.
Given the anticipated level of avail-
able funds, more than half of the new
needed infrastructure is not going to be
built. Of equal concern, existing facili-
ties could deteriorate for want of suffi-
cient funds for repair and maintenance,
thereby increasing the future require-
ments for major facility rehabilitation
and construction. Without increased
state and federal assistance, counties
will have to resort to increased taxes,
user fees and indebtedness if needed fa-
cilities and services are to be built.
On a relative scale, federal funding is
important to county financing, espe-
cially in the area of transportation and
wastewater treatment facilities. General
Revenue Sharing also makes an impor-
tant contribution, but counties are
learning not to count on it in their cap-
ital budgeting. Instead, they use such
funds on an "as available" basis, often
to purchase the needed "extras" not
provided for in the basic budget. El
This article is excerpted from the first
draft of a survey conducted for the
National Association of Counties by
Chambers Associates Inc., and funded
by a grant from Bear, Stearns & Co. Inc.
For more information, contact the
National Association of Counties, 440
First St., N. W., Washington, D. C.
20001, (102) 393-6226.
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INSIDE WASHINGTON
A Difficult Bill To Swallow
orrowing money to finance infrastructure projects will be
more costly and more difficult for local governments in
the wake of sweeping tax reform legislation approved by
House and Senate conferees. At press time, many of the details
of the bill had yet to be written by staff members. Enough was
known, however, for financial market observers to predict
Americans will find little comfort from the small savings on
their federal tax bill as they watch their local taxes and user fees
rise, and public services dwindle.
By 1991, state and local governments could see their financ-
ing costs skyrocket by $17 billion as a result of the 1986 tax re-
form, according to the Public Securities Association estimates.
PSA bases that figure on the same assumptions used by
congressional staff to predict federal revenues will increase by
$2 billion due to changes in municipal bond provisions of the
new tax code.
"There are going to be
some very surprised people
out there when they find
out the cost of projects has I
gone up and local taxes i Tax Seminars Revi
have been raised," says ( New Federal Legisl
Dennis Holt, manager of
special projects for PSA.
The major revisions af-
fecting the ability of local
communities to finance
capital projects are the vol-
ume cap on so-called "pri-
vate -purpose" bonds and
the virtual elimination of i
arbitrage. The volume cap
restricts the amount of tax- j
free bonds that can be is- i
sued in each state for proj-
ects in which 10 percent of
benefits are for the private
sector. Arbitrage, the abil
ity of local agencies to in-
vest the unused portion of
bond proceeds at a higher
interest rate while waiting to spend the money, has been elimi-
nated by the reform.
Among the bonds covered by the volume cap are those used
to finance single- and multi -family housing, student loans, wa-
ter and sewer projects, privately owned solid waste facilities,
mass transit facilities, small -issue industrial development
bonds, hazardous waste facilities, district heating and cooling,
and local electric and gas services. By 1988, tax-exempt bonds
issued for these purposes within a state may total no more than
$50 per capita or $150 million, whichever is greater.
PSA estimates that under the bond volume cap for 1987,
$20.9 billion in private -purpose, tax-exempt bonds can be is-
sued. In 1988, this amount drops to $13.5 billion. Because of
the cap and other restrictions, PSA estimates that by 1991 lo-
cal governments will have lost the ability to issue $40.9 billion
in tax-exempt bonds sold in 1984.
The result of the cap will be that bond sales will no longer be
governed by the free market system, Holt says, and a commu-
nity's credit rating will no longer determine its borrowing abil-
ity. Instead, financing capabilities will be largely a matter of
politics, he adds.
Tax-exempt bonds will have to be rationed, and the gover-
at
=- � C-�:L�
By Cathy Dombrowski
nor will decide who gets what share, Holt says. In the normal
pecking order, the bond allocation first will be available to state
agencies and then to local governments.
Local officials still will be able to use taxable bonds to fi-
nance projects, but this will increase costs while creative fi-
nancing techniques, such as privatization, will not pay the bill.
The loss of tax-exempt financing, coupled with amendments
stretching out depreciation and repealing the investment tax
credit, produce an environment in which "there is significantly
less incentive for private parties to own public facilities," says
Charles Samuels of Mintz, Levin, Cohn, Ferris, Glovsky and
Popeo, attorneys for PSA and bond counsel for Boston and the
Commonwealth of Massachusetts.
In the case of resource recovery facilities, exclusion from the
cap for publicly owned systems means a trend away from pri-
vately held facilities. Since municipal plants generally are more
expensive than private op-
erations, the result will be
higher tipping fees, says
Ron Musselwhite of the
W National Resource Recov-
ion ery Association. This will
increase the price differen-
tial between recovery and
landfilling further. Conse-
quently, Samuels says, "it
will be difficult to convince
local officials that in the
long term, these projects
are in the public interest."
The result will be delays
in new resource recovery
facilities, he adds. "Cur-
rently, resource recovery
facilities are being built
where they have to be. But
there are many places
«here they should be built
for the future and they are
not going to be built be-
cause of losing the tax in-
centives."
Local officials also are questioning the constitutionality of
the restrictions on state and local governments' ability to sell
bonds. Under reciprocal immunity, states cannot tax the fed-
eral government and the federal government cannot tax the
states.
Both the House and Senate were expected to go along with
the bill produced by the tax conferees. While the Tax Code may
not be reopened next year, Warren Gregory, first vice presi-
dent of the Public Finance Department at Smith Barney, pre-
dicts eventually "there will be a revisiting of this issue once lo-
cal governments become acutely aware of how it affects their
infrastructure. The issue of bonds has been given relatively lit-
tle play by the press. Most people are not aware of the in-
creased costs if local governments have to use taxable bonds to
fund projects. I can only speculate that once the representa-
tives return to their home districts and are confronted with the
real problems that result from these tax changes, the issues
might well be revisited."
The National League of Cities and Government Fi-
nance Officers Association are planning six re-
gional tax seminars at which experts from their
staffs, Congress, the Treasury Department and the
public finance and investment banking communities
will review tax reform legislation.
The seminars will be held in Hartford, Conn., and
Chicago, Oct. 20; Charlotte, N.C., and Denver, Oct.
22; Dallas, Oct. 24; and San Francisco, Nov. 20.
Registration fee will be $125 for NLC and GFOA
members, $150 for non-member cities and $200 for
others. ❑
Cathy Dombrowski is the Washington correspondent for
American City & County.
-.1 w .. . - . . .^^ 4
City of Medicine Lake
10609 SOUTH SHORE DRIVE -MINNEAPOLIS, MINNESOTA 55441
October 13, 1986
Mr. Virgil Schneider
Mayor, Plymouth
11520 54th Avenue South
Plymouth, Minnesota 55442
Dear Mayor Schneider:
In my 17 years as Mayor of Medicine Lake, I have never
seen the citizenry as upset, not only in Medicine
Lake, but also in your community of Plymouth, about
the proposed location of Alpha House.
I attended an earlier meeting of the Plymouth Planning
Committee and spoke against the proposed location
of Alpha House immediately adjacent to Medicine Lake.
I attended a later meeting of concerned citizens,
and read the transcript of the minutes of the Planning
Committee meeting. Unfortunately, the transcript did
not, in my opinion, reflect the total proceedings.
There were so many people in attendance, (most of
whom were opposed) that people were standing in the
hallway outside the meeting room. A great bulk of
the testimony concerned reflections of the applicant.
The concerns of the citizens of both Plymouth and
Medicine Lake revolved around the following facts.
1. Plymouth has constructed a low-income hous-
ing development called Willow Wood Estates
which houses over 100 school-age children.
2. There are large wooded areas surrounding
Willow Wood where youngsters will naturally
gravitate while playing their childhood games.
3. The proposal stated that there would be 48
convicted sexual offenders residing at Alpha
House, with a possible 70 outpatients who
would be entering and leaving the premises
for treatment.
4. The location is close to the Plymouth Liquor
Store and very near to two restaurant/bars.
Mr. Virgil Schneider
October 13, 1986
Page Two
5. Because of the lack of security (this being
a halfway house) it seems to me that you
have all the ingredients of a situation that
is potentially explosive.
With the feeling of the people in the nearby commun-
ities, should there be any violation of a child, I
believe the repercussions would be most grevious.
Unfortunately, business calls me out of
at the time of the October 22 hearing of
Planning Committee. I urge you to have the
attend the meeting, along with yourself
can get the flavor of peoples' emotions.
believe that a Planning Commission report
the feelings of your citizenry as well
Medicine Lake.
Respectfully,
Neal E. Sorensen
Mayor of Medicine Lake
c: David Crain
Robert Zitur
Maria Vasiliou
Jerry Sisk
Paul Steigerwald
Eugene Hey
Marek Schumacher
Mary Anne Young
Gene Miller
Tom Schrader
/sn
the
country
the
Plymouth
full
council
so that you
I
do not
can
transmit
as
that of
October 16, 1986 }
�g
Mayor Neil E. Sorensen / 0�
City of Medicine Lake PLYMOUTH+
10609 South Shore Drive
Medicine Lake, MN 55441
Dear Mayor Sorensen:
Thank you for sharing your concerns about the Alpha Human Services develop-
ment petition with me. I am sharing your letter with other members of the
City Council. As you know, a series of four meetings have been held by the
petitioner to afford residents the opportunity to share their concerns. The
final meeting will take place on Monday, October 20, 1986 commencing at 7:00
p.m. at the Alpha Human Services facility, 2712 Fremont Avenue S.,
Minneapolis. In addition, the Planning Commission will continue it's
consideration of this matter on Wednesday, October 22, 1986 beginning at
8:00 p.m. at the Plymouth City Center, City Council Chambers. Because there
may be a need for a larger meeting room, you should contact the City Center
on or before October 20 to determine if an alternate location has been
arranged.
In your letter, you expressed concern that the "transcript" of the meeting
does not, in your opinion, accurately reflect the tenor of the meeting.
We do not prepare transcripts of our official public meetings, instead,
minutes are taken which are a summarized version of the meeting's proceed-
ings. I and other members of the City Council were in attendance at that
meeting, so that like you, we have a full flavor for what took place. I
expect that along with other members of the City Council, I will attend the
October 22 Planning Commission meeting on this subject as well.
The City Council will act upon this petition at a public meeting but will
not re -conduct the public hearing as we will have the benefit of attending
the public hearings, the minutes from the Planning Commission, as well as
telephone conversations and correspondence such as yours. As you know, the
decision before the City Council iswhether the petition as submitted,
conforms to the City's Zoning Ordinance requirements. The adopted City
Council policy is to allow ten minutes each for the proponents and opponents
to state their case at the public meeting. I can assure you on behalf of
the City Council that we will carefully weigh these matters using ordinance
standards prior to taking any action regarding this proposal. Thank you for
your input.
Yours truly,
J-?aL-,� � C'�u...�rj
Vi gil Schneider
Mayor
VS:dma
cc: City Council
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
- b
C.A.R.E. DATA SHEET ON ALPHA HOUSE
There is currently a proposal before the City of Plymouth
Planning Commission to build a halfway house for sexual
offenders (child molesters and rapists). The location proposed
is two blocks north of Highway 55 on South Shore Drive, between
the "Willow Wood Estates" Townhouses and "The Flying Tiger" Bar
by Medicine Lake. The Plymouth's Planning Commission will vote
at its meeting on Wednesday, October 22nd at 7:30 p.m. To
express your opinions, please attend this meeting.
C.A.R.E. (Community Acting for a Reasonably Risk -Free
Environment) has compiled some facts addressing the potential
risks to the community should Alpha House be allowed to build on
Plymouth.
We believe that everyone is entitled to a second or third chance
and admire the intent and goals of the Alpha House project.
However, considering the violent nature of the crimes involed,
we feel the City of Plymouth should reject the petition to build
Alpha House in Plymouth.
• Alpha House is a home for 48 convicted felony sex abusers_
and provides care for 70 outpatients weekly.
• Residents are not locked in and the facility has minimum
security.
• 92% of these felons have been convicted of sexually abusing
children.
• 104 children live within 500 feet of the proposed Alpha House
site and several_ hundred_ children live in the immediate
vicinity. `-
• Resident abusers are allowed outings into the community.
• Graduates of Alpha House often live in the community during
their outpatient treatment.
• 50% of the resident abusers are chemically dependent. Within
a short walking distance are 2 bars, 2 restaurants with bars,
and 2 liquor stores.
• Complete recovery of abusers is questionable. (See article
on "Bob" in Life Magazine, December, 1984).
It takes less than 10 minutes for an abuser to molest a child.
C.A.R.E.
10850 South Shore Drive, #29
Plymouth, PIAT 55441
Metro Link has three women drivers and spaces for 30 cars. During winter
especially, there are many times when patrons will be leaving or returning to that
parking lot in the dark.
Tom Thumb, Dairy Queen and Video Central are all. within the fonr block area
around Alpha House. All. these shops are frequented by children -- many ti-wes without
their parents.
Residents of Alpha House are allowed outings into the community and those who
have completed the program often live in the community during their outpatient
treatment and therefore frequent area businesses.
The woods near the Willow Woods Townhouses is a favorite place for children
to play. Alpha House is not a locked facility. It is possible for a resident to
disappear for a while unnoticed. Research shows that it takes less than 10 minutes
to molest a child. (See Data Sheet).
3. The establishment of the conditional use will not impede the normal and orderly
development and improvement of the surrounding property for uses permitted in the
District.
For two years, Gene Louismet, an area developer, has had plans to build an
exclusive hotel adjacent on the west side to the pr6posed Alpha Howe site. He
has told C.A.R.E. representatives that he would have very serious reservations al)mit
completing his project and has expressed concern that his .lenders would be eyuall\
hesitant should Alpha House be allowed to build here.
4. Adequate measures have been or will be taken to provide ingress, egress gaud
parking so designed as to minimize traffic congestion in the public streets.
C.A.R.E. would like to remind the Planning Commission that there arm more. than
80 school age children who board and debark from school buses at the intersection of
the Willow Woods Townhouses and South Shore Drive each day during the school year.
There are almost always cars that must wait as the bus stops for these children.
C.A.R.E. POSITION PAPER ON THE ALPHA HOUSE APPLICATION FOR A CONDITIONAL USE PERMIT
Alplia House contends that their request for a conditional use permit is
entirely within the existing state and city ordinances. C.A.R.E. (Community Acting
for a Reasonably Riskfree Environment) contends that they do not meet several of the
criteria established for a conditional use permit. The following outlines some of the
reasons why Alpha House should not be issued the conditional use permit.
1. The establishment, maintenance and operation of the conditional use will promote
and enhance the general public welfare and will not be detrimental to or endanger
ublic health, safetv. morals or comfort.
C.A.R.E. considers the safety aspect of the conditional use to be of utmost
importance in this issue. We think that safety cannot be stressed strongly enough
and urge the Planning Commission and City Council to consider this aspect very
carefully.
Alpha House states in its application to the Planning Commission that only
two of its active clients have been convicted of a sex-related crime. While C.A.R.E.
thinks this is sufficient reason in itself to be concerned, we would like to provide
niche information concerning the validity of these statistics on recidivism.
According to n leading authority on recidivism of sex offenders, A. Nicholas
(:roth, recidivism is defined as.conviction^for a subsequent sexual assault. Groth
snvs to an article "tten !Alho Rape" that recidivism 'statistics cannot be considered a
rel.iahle estimate of the success of a treatment program for several reasons: 1) Re-
search slows that the incidence of unreported rape is between two and ten times as
high as the incidence of reported rape. In cases of child molestation, it has been
found that the average molester has confessed to far more assaults than they were
cliarged for. (See "Life t1agazine" article.) 2) Even when the offense is reported,
Groth says, no suspect is apprehended in the majority of cases. 3) When a sex offender
if-, f i na I I y chnr,'od , it har, been found that a si zrih I e number of offenders successfully
Page 2/C.A.R.E. 1� U
plea-bargain their charges down to a nonsexual offense.
C.A.R.E. would also like to point out that 92 per cent of Alpha House's current
residents are convicted child molesters. We think putting them next to housing in
which 104 children reside -- more than 80 of whom are under 12 -- is very dangerous
and at the very least would be irresponsible.
'ro be noted as well is t}le fact that the proposed facility is adjacent to
The flging 'Tiger Bar and within a short walking distance of another bar (The Country
house) anti two liquor stores. This is important because half these sex offenders are
rlirmir:illy dependellL. Statistics From the U.S. Health and Human Services (1983) state
that 50 pe.r cent of all rapes and 60 per cent of sex crimes against children are
alrohol related.
2. The conditional use will not be injurious to the use and enjoyment of other
pr0perL_y_in the immediate vicinity for the purposes already permitted, nor substantially
diminish and impair property values within the neighborhood.
Idi.thin walking distance of the proposed Alpha House site are many public
use areas. Hundreds of kids are brought into the area around the site to play
nt [lie tllreo public beaches, two public parks, and a community center and ball
(Ihimond. ']'here is a Metro Link narking lot and pickup station and various shops
which children patronize. 'Many children will be riding their bikes and walking past
the Alpha House facility each day. Bob,•a former resident of Alpha House, was
11110ted in "I.i.fe Magazine" (see accompanying article in your packet) as saying "A
kid could walk past me right now and my head would almost uncontrollably swivel.
That's not a choice 1 even have."
one of the beaches -- West Medicine Lake Beach, the closest to the proposed
site -- is now being renovated to include public tennis courts and other attractions
for the surrounding community. Children often fish there unaccompanied by their
parenLs. C.A.R.E. was told by an Alpha House employee that their residents are
I'll lot;od to jog nrotind the r:flke of the Tsles area.
i3 b
C.A.R.E. Community Acting for a Reasonably Riskfree Environment
October 10, 1986
Mr. Gerald T. Kaplan, Executive Director
Alpha Human Services
2712 Fremont Ave. S.
Minneapolis, Minn. 55408
Dear Mr. Kaplan:
Enclosed is the list of questions about which I talked with you on the phone.
There are 35 of them instead of 30, but I think you will find most of them
have been written in such a way as not to require a great deal of research on
your part.
We at C.A.R.E. think that these questions are the most relevant to the safety
of the community surrounding the proposed Alpha House site.
We would appreciate your written response as soon as possible. You may send
your answers to me at 200 Peninsula Rd., Medicine Lake, Minn., 55441.
Thank you for your consideration.
Sincerely,
ct'k C,
Kristin Leonard
C.A.R.E. Chairperson
cc: Plymouth Planning Commission and City Council members
Enc.
C.A.R.E. Community Acting for a Reasonably Riskfree Environment
1. What is your view of 'minimum impact' on a community in which Alpha House
would be located?
2. Do you allow or encourage residents to become involved in activities in the
community around Alpha House?
3. In what kinds of community activities are they allowed to participate?
4. Do you allow or encourage those offenders in post residential treatment
(or post residentials) to become involved in activities in the community
around Alpha House?
5. In what kinds of community activities are they allowed to participate?
6. Generally, how many offenders are involved in post residential treatment at
any given time?
7. Where do offenders in post residential treatment live?
8. What constitutes acceptable housing or living conditions for them?
9. What constitutes unacceptable housing or living conditions for them?
10. How much time do post residents spend in treatment in a given week?
11. How much time do they spend working during a week?
12. How much time do they have to themselves in a week?
13. What do they do during that time?
14. Are post residentials encouraged to make new friends and if so where
are they meeting these people?
15. What kind of control does Alpha House exercise on the people that residents
and post residentials have as friends or acquaintances?
16. Are some past friendships forbidden, and if so, for what reasons?
17.:_How_closely are -friendships monitored?
18. At what point are residents allowed to go out on their own?
19. At what point in their treatment are residents allowed to drive a car?
20. What is the demeanor of residents as they begin the program?
21. How does their demeanor change as they progress in treatment?
C.A.R.E. Community Acting for a Reasonably Riskfree Environment
22. What are the criteria on which you base your evaluation that a resident is
ready for post residential treatment?
23. What happens if you've made a mistake?
24. How often has a post residential had to come back into residential treatment?
25. For what reasons have they had to come back into residential treatment?
26. What happens to the men you administratively terminate from the program?
27. Once residents have become familiar with the neighborhood, are they likely
to come back to live or visit after treatment is completed?
28. Please outline the ways in which you will work with a group of 48 men
that will be different from how you work with the group of 20 you have now.
29. How would the recent Hubert Humphrey task force's recommendation that
sexual abusers be either forced into treatment or prison affect your program?
30. What are the long term goals you see for Alpha House?
31. Since Hennepin County only funds for 13 beds now and sees no future plans
to dramatically increase that number, where will the other 35 residents teem from?
32. Is there any possibility that you will want to house more than 48
sex offenders at Alpha House in the future?
33. What is the maximum number of outpatients you could treat at Alpha House?
34. What is the maximum number of post residentials you could have at any one
time?
35. Would your residents, post residentials and/or outpatients be allowed to
use the parks and beaches at any time? Under what circumstances?
�3 c-,
October 9, 1986
City of Plymouth Planning Commission
3400 Plymouth Boulevard
Plymouth, MN 55447
Re: Proposal for Halfway House for
Sexual Offenders
Dear Planning Commission Member:
The undersigned has recently become aware of the proposal
before the Planning Commission for the construction of a halfway
house for sexual offenders in the City of Plymouth. I am
writing to you both as a concerned citizen who resides in
the City of Plymouth and in the capacity of an attorney who
has had extensive experience in the area of municipal law.
I do wish to call to your attention that I have worked, in
the past, for approximately three years with the League of
Minnesota Cities in the professional capacity of rendering
legal advice to municipal officials including city attorneys,
mayors and planning commissions.
As you are no doubt aware, there is a group known as C.A.R.E.
who is organizing a coalition against this proposal. I will
defer to the C.A.R.E. unit to outline to you the obvious neighborhood
and emotional concerns with respect to this proceeding. Rather,
I do wish to call to your attention a number of legal issues
which may be of benefit to you in considering this proposal.
First, you should be aware of the increase in costs and increase
in police protection which will be necessary if this proposal
goes through. Undoubtedly there will be dramatic need for
increased police patrol, surveillance and police calls if
the home is built. The proximity of the home in relationship
to the number of children in the area will undoubtedly cause
an increase in police calls by neighboring residents. Any
time a potentially threatening situation is observed or perceived,
the police department is likely to obtain a call. This increase
in police activity will cause a burden to the City in terms
of the increased cost for police protection.
LAW OFFICES
SCHERMER, SCHWAPPACH, BORgON,
RAMSTEAD & MARIANI, LTD.
.
SUITE 485
608 SECOND AVENUE SOUTH
TELEPHONE
ROY A. SCHWAPPACH
MLYNEAPOLIS, MINNESOTA 55402
EDWARD H. BORKON
(612) 333-7155
JOHN H. RAMSTEAD
JOHN D. MARIANI
DENNIS R. LETOURNEAU
JEROME E. KLINE
OF COUNSEL
WILLIAM M. FISHMAN
LEWIS H. SELTZ
IRVIN E. SCHERMER
BRUCE E. GOLDSTEIN
WILLIAM SELTZ
JANET P. AYLWARD
LORRIE L. BESCHEINEN
October 9, 1986
City of Plymouth Planning Commission
3400 Plymouth Boulevard
Plymouth, MN 55447
Re: Proposal for Halfway House for
Sexual Offenders
Dear Planning Commission Member:
The undersigned has recently become aware of the proposal
before the Planning Commission for the construction of a halfway
house for sexual offenders in the City of Plymouth. I am
writing to you both as a concerned citizen who resides in
the City of Plymouth and in the capacity of an attorney who
has had extensive experience in the area of municipal law.
I do wish to call to your attention that I have worked, in
the past, for approximately three years with the League of
Minnesota Cities in the professional capacity of rendering
legal advice to municipal officials including city attorneys,
mayors and planning commissions.
As you are no doubt aware, there is a group known as C.A.R.E.
who is organizing a coalition against this proposal. I will
defer to the C.A.R.E. unit to outline to you the obvious neighborhood
and emotional concerns with respect to this proceeding. Rather,
I do wish to call to your attention a number of legal issues
which may be of benefit to you in considering this proposal.
First, you should be aware of the increase in costs and increase
in police protection which will be necessary if this proposal
goes through. Undoubtedly there will be dramatic need for
increased police patrol, surveillance and police calls if
the home is built. The proximity of the home in relationship
to the number of children in the area will undoubtedly cause
an increase in police calls by neighboring residents. Any
time a potentially threatening situation is observed or perceived,
the police department is likely to obtain a call. This increase
in police activity will cause a burden to the City in terms
of the increased cost for police protection.
City of Plymouth Planning Commission
Page Two
October 9, 1986
Second, the building of such a facility may subject the City
of Plymouth to liability in the event a resident of the home
does engage in illegal conduct with a neighboring child.
The area of tort liability on a municipal level is an emerging
concept; and under certain circumstances, a municipality may
be liable where it licenses a certain activity and where that
activity results in damages or injury to a resident of the
municipality. A factor which could increase the likelihood
of liability to the City would be the knowledge of the increase
in risk by the municipality at the time the proposal is authorized.
In other words since the City of Plymouth is aware of the
potential risks concerned with this situation, if the City
of Plymouth does issue a license for this home, the City could
be responsible if one of the residents of the facility engages
in illegal conduct with a neighboring child.
Third, I have had extensive experience with tort claims which
have been asserted against not only a municipality but also
against individual council members and individual planning
commission members. Although it is less likely that an individual
acting as a council person or planning commission member may
be liable in a tort action, this does not mean that these
individuals are not frequently named in lawsuits. This exposure
to litigation requires council members and planning commission
members to take part in legal depositions, court proceedings
and other proceedings related to the conduct of the litigation.
In addition, in the event a planning commission member or
city council member knowingly makes a decision which later
subjects a member of the municipality to injury or harm, there
is always the potential that the individual commission member
could be subjected to tort liability, including a punitive
damage award.
In light of these factors, I urge you to give this matter
your sincere consideration; and I personally would recommend
that you oppose the proposal for the home. It seems ludicrous
to me to have a municipality condone the placement of a facility
for the treatment of sexual offenders so close to a large
number of small children and to the adjacent liquor establishments.
Although I can understand the need for the building of a facility
in some location, there must be a more suitable environment
for it which would avoid the concerns expressed by C.A.R.E.
With all due respect, the concept of putting the facility
in the proposed location makes about as much sense as constructing
a halfway house for convicted thieves in the middle of the
midway area of the Minnesota State Fair.
City of Plymouth Planning Commission
Page Three
October 9, 1986
Should the Planning Commission be interested in any other
comments from me based on my past experience in the area of
municipal law on this matter, please feel free to contact
me.
Yours very truly,
Bruce E. Goldstein
kjh
pc C.A.R.E.
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11800 27th Amimt Roth
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October 16, 1986 �`:
CITY OF
PLYMOUTR
Mary Almen
11800 - 27th Avenue No.
Plymouth, MN 55441
Dear Ms. Almen:
Thank you for your letter sharing your concerns about the Alpha Human
Services development petition. I am sharing your letter with other members
of the Council. For your information, a series of four public meetings have
been scheduled by the petitioner to afford you the opportunity to share your
concerns. Two meetings were held at the Plymouth City Council Chambers; the
first on Tuesday, October 7, and the second on Thursday, October 9. Another
two meetings were scheduled at the Alpha Human Services facility, 2712
Fremont Avenue So., Minneapolis; the first was held on Thursday, October 16,
and the final meeting will take place on Monday, October 20, commencing at
7:00 p.m. In addition, the Planning Commission will continue its
consideration on this matter on Wednesday, October 22 beginning at 8:00
p.m. at the Plymouth City Center Council Chambers. Because there may be
need for a larger meeting room, you should call the City Center on or after
Monday, October 20 to determine if an alternate location has been arranged.
The City Council will act upon this petition at a public meeting, but will
not reconduct the public hearing as we will have the benefit of the public
hearing materials from the Planning Commission, as well as telephone
conversations and correspondence such as yours. The decision before the
City Council is whether the petition as submitted conforms with City Zoninq
Ordinance requirements. The adopted City Council policy is to allow ten
minutes each for the proponents and opponents to state their case. I can
assure you on behalf of the Council, that we will carefully weigh these
matters using ordinance standards prior to taking any action regarding the
proposal.
Yours truly,
Virgil Schneider
Mayor
VS:Jm
cc: City Council
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
Ott,
\
uLyMWTH woMEN IDU IMAy
PA. 80( 41084
PLYMOUTH, MMESM 55447
OCT IS im
CITE (k r'W'w(H
October 16, 1986
Patti Richardson, President
Plymouth Women of Today
17030 - 30th Avenue No.
Plymouth, MN 55441
Dear Ms. Richardson:
(1*711TY OF
PLYMOUTH -
Thank you for your letter sharing your concerns about the Alpha Human
Services development petition. I am sharing your letter with other members
of the Council. For your information, a series of four public meetings have
been scheduled by the petitioner to afford you the opportunity to share your
concerns. Two meetings were held at the Plymouth City Council Chambers; the
first on Tuesday, October 7, and the second on Thursday, October 9. Another
two meetings were scheduled at the Alpha Human Services facility, 2712
Fremont Avenue So., Minneapolis; the first was held on Thursday, October 16,
and the final meeting will take place on Monday, October 20, commencing at
7:00 p.m. In addition, the Planning Commission will continue its
consideration on this matter on Wednesday, October 22 beginning at 8:00 p.m.
at the Plymouth City Center Council Chambers. Because there may be need for
a larger meeting room, you should call the City Center on or after Monday,
October 20 to determine if an alternate location has been arranged.
The City Council will act upon this petition at a public meeting, but will
not reconduct the public hearing as we will have the benefit of the public
hearing materials from the Planning Commission, as well as telephone
conversations and correspondence such as yours. The decision before the
City Council is whether the petition as submitted conforms with City Zoning
Ordinance requirements. The adopted City Council policy is to allow ten
minutes each for the proponents and opponents to state their case. I can
assure you on behalf of the Council, that we will carefully weigh these
matters using ordinance standards prior to taking any action regarding the
proposal.
Yours truly,
Virgil Schneider
Mayor
VS:jm
cc: City Council
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
06Z�-
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October 16, 1986
`CITY OF
PLYMOUTR
Nancy L. Armstrong
11710 - 27th Avenue No.
Plymouth, MN 55441
Dear Ms. Armstrong:
Thank you for your letter sharing your concerns about the Alpha Human
Services development petition. I am sharing your letter with other members
of the Council. For your information, a series of four public meetings have
been scheduled by the petitioner to afford you the opportunity to share your
concerns. Two meetings were held at the Plymouth City Council Chambers; the
first on Tuesday, October 7, and the second on Thursday, October 9. Another
two meetings were scheduled at the Alpha Human Services facility, 2712
Fremont Avenue So., Minneapolis; the first.was held on Thursday, October 16,
and the final meeting will take place on Monday, October 20, commencing at
7:00 p.m. In addition, the Planning Commission will continue its
consideration on this matter on Wednesday, October 22 beginning at 8:00_p.m.
at the Plymouth City Center Council Chambers. Because there may be need for
a larger meeting room, you should call the City Center on or after Monday,
October 20 to determine if an alternate location has been arranged.
The City Council will act upon this petition at a public meeting, but will
not reconduct the public hearing as we will have the benefit of the public
hearing materials from the Planning Commission, as well as telephone
conversations and correspondence such as yours. The decision before the
City Council is whether the petition as submitted conforms with City Zoning
Ordinance requirements. The adopted City Council policy is to allow ten
minutes each for the proponents and opponents to state their case. I can
assure you on behalf of the Council, that we will carefully weigh these
matters using ordinance standards prior to taking any action regarding the
proposal.
Yours truly,
a114141-11�
Vi gil Schneider
Mayor
VS: jm
cc: City Council
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
7=7- \3 ,�-_\_
�;PIVIZ Z�_o
OCT 16.1986
C°PTY bt I'LlilludAHJ
/-5, rimer/' L/
October 16, 1986
(11CITY O�
PUMOUTR
Nadine Gunn
16 Kaiser Avenue
Medicine Lake, MN 55441
Dear Ms. Gunn:
Thank you for your letter sharing your concerns about the Alpha Human
Services development petition. I am sharing your letter with other members
of the Council. For your information, a series of four public meetings have
been scheduled by the petitioner to afford you the opportunity to share your
concerns. Two meetings were held at the Plymouth City Council Chambers; the
first on Tuesday, October 7, and the second on Thursday, October 9. Another
two meetings were scheduled at the Alpha Human Services facility, 2712
Fremont Avenue So., Minneapolis; the first was held on Thursday, October 16,
and the final meeting will take place on Monday, October 20, commencing at
7:00 p.m. In addition, the Planning Commission will continue its
consideration on this matter on Wednesday, October 22 beginning at 8:00 -p.m.
at the Plymouth City Center Council Chambers. Because there may be need for
a larger meeting room, you should call the City Center on or after Monday,
October 20 to determine if an alternate location has been arranged.
The City Council will act upon this petition at a public meeting, but will
not reconduct the public hearing as we will have the benefit of the public
hearing materials from the Planning Commission, as well as telephone
conversations and correspondence such as yours. The decision before the
City Council is whether the petition as submitted conforms with City Zoning
Ordinance requirements. The adopted City Council policy is to allow ten
minutes each for the proponents and opponents to state their case. I can
assure you on behalf of the Council, that we will carefully weigh these
matters using ordinance standards prior to taking any action regarding the
proposal.
Yours truly,
41-1,4Y—,/,--
V rgil Schneider
Mayor
VS:jm
cc: City Council
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
V7
Amfac Hotels
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October 16, 1986
�t F
CITY OF
PUMOUTR
Patricia 0. Thompson
1110 - 1st Avenue N.E., #205
Minneapolis, MN
Dear Ms. Thompson:
Thank you for your letter sharing your concerns about the Alpha Human
Services development petition. I am sharing your letter with other members
of the Council. For your information, a series of four public meetings have
been scheduled by the petitioner to afford you the opportunity to share your
concerns. Two meetings were held at the Plymouth City Council Chambers; the
first on Tuesday, October 7, and the second on Thursday, October 9. Another
two meetings were scheduled at the Alpha Human Services facility, 2712
Fremont Avenue So., Minneapolis; the first was held on Thursday, October 16,
and the final meeting will take place on Monday, October 20, commencing at
7:00 p.m. In addition, the Planning Commission will continue its
consideration on this matter on Wednesday, October 22 beginning at 8:00 p.m.
at the Plymouth City Center Council Chambers. Because there may be need for
a larger meeting room, you should call the City Center on or after Monday,
October 20 to determine if an alternate location has been arranged.
The City Council will act upon this petition at a public meeting, but will
not reconduct the public hearing as we will have the benefit of the public
hearing materials from the Planning Commission, as well as telephone
conversations and correspondence such as yours. The decision before the
City Council is whether the petition as submitted conforms with City Zoning
Ordinance requirements. The adopted City Council policy is to allow ten
minutes each for the proponents and opponents to state their case. I can
assure you on behalf of the Council, that we will carefully weigh these
matters using ordinance standards prior to taking any action regarding the
proposal.
Yours truly,
Virgil Schneider
Mayor
VS:Jm
cc: City Council
3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
Linda Buranen
2640 East Medicine Lk. Blvd.
Plymouth, Mn. 55441
Oct. 102 1986
Dear Mr. Schneider,
I am writing about something very sensitive in our area right
now, the Alpha House. I am not very political or have not been
in the past and this issue is making me rethink that priority.
I have heard that when you and members of the commission and
council hear testimony from women who have beef abused they think
this is a overly emotional and not pertinent to the treatment house.
I think what this should really tell you is that this is really
a womans issue because we are physically weaker, and more vulnerable
like wise are our children, this is a mans issue because they
should be concerned about providing a safe place for their family.
I am not unconcerned about these people their treatment or the
fact that they need a place like the alph house, I do object to
where they intend to put it, that they will have and be in the
area that will putting our children and women in jeopardy. Our
parks and beaches feel like a safe place now, they will not if
this goes in on south shore drive. If you put this place where
it is proposed you will be letting these people walk freely in
our community and we will be putting locks on our doors and will
be afraid to go out without our children tied to our sides.
This intended treatment house is going to be experimental in many
ways. One the size, the other is because they are going to be
trying treatment instead of jail because they find jail is not
working, what i$rtreatment does not -work, who suffers? I do
believe that Mr. Kaplans statistics look very good but he only
talks about the people who have completed his program not who
have not started and not finished. I have played that game
before, you only let people take pictures of your good side.
I have also heard Mr. Kaplan said that the people in the immediate
area would probably be in less danger than people in the surrounding
areas, this indeed is saying there is danger.
I have also heard that it was said the people who molest there
own children do not molest others and are not to be feared. I
would like to have you remember that the cermacks in Jordan were
caught because one of the sons entered a satilite in a park with
a four year old in it. He was with his older brother who was
just a short distance away and talking to some friends, he on
an impulse went to the satilite called to his brother the door
went flying open and off went running Mr. Cermack. The boys gave
chase and got a license number and description. This four year old
was very fortunate.
If this place goes in here, please tell me who do we tell our children
to be afraid of.
October 13, 1986
Ms. Linda Buranen
2640 East Medicine Lake Blvd.
Plymouth, MN 55441
Dear Ms. Buranen:
E
f.
/ Y
CITY OF
PLYMOUTR
�-': � 1 7A -
Thank you for your letter sharing your concerns about the Alpha Human
Services development petition. I am sharing your letter with other members
of the Council. For your information, a series of four public meetings have
been scheduled by the petitioner to afford you the opportunity to share your
concerns with the petitioner. Two meetings W't�cheduled in the Plymouth
City Council Chambers, the first on Tuesday, October 7, and the second on
Thursday, October 9 beginning at 7:00 p.m. The final two meetings will be
held on Thursday, October 16, and Monday, October 20 at the Alpha Human
Services facility, 2712 Fremont Avenue So., Minneapolis, commencing at 7:00
p.m. In addition, the Planning Commission will continue its consideration
on this matter on Wednesday, October 22 beginning at 8:00 p.m. at the
Plymouth City Center Council Chambers. Because there may be need for a
larger meeting room, you should call the City Center on or after Monday,
October 20 to determine if an alternate location has been arranged.
The City Council will act upon this petition at a public meeting, but will
not reconduct the public hearing as we will have the benefit of the public
hearing materials from the Planning Commission, as well as telephone
conversations and correspondence such as yours. The decision before the
City Council is whether the petition as submitted conforms with City Zoning
Ordinance requirements. The adopted City Council policy is to allow ten
minutes each for the proponents and opponents to state their case. I can
assure you on behalf of the Council, that we will carefully weigh these
matters using ordinance standards prior to taking any action regarding the
proposal.
Yours truly,
Virgil Schneider
Mayor
VS:jm
cc: City Council
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
The Honorable
Plymouth City
3400 Plymouth
Plymouth, A:N.
Virgil Schneider
Council
Blvd.
55447
October U, 1986
Dear ;Mayor Schneider,
As a nein homeowner in Plymouth near ;Medicine Lake
I am concerned about the establishment of a halfway house
for sexual offenders on Soutn Shore ;give. I recognize
the need for such facilities but wonder if placing it in
such close proximity to an area of recreation is a wood
idea.. I.lso, I understand many younE children live in the
nearby housing development.
',;e chose to move to Flymouth becau:-e it enjoys E.
reputation for sound community planning. I believe the
Medicine Lake loc=tion is a poor choice for such a facility,
a I feel the City of Plymouth should reject the petition
to build there.
Sincerely,
Claudia krney
11740 27th Ave. N.
Flymouth, 14N. 55441
1
October 10, 1986
CITY OF
PLYMOUTH+
Ms. Claudia Arney
11740 - 27th Avenue
Plymouth, MN 55441
Dear Ms. Arney:
Thank you for your letter sharing your concerns about the Alpha Human
Services development petition. I am sharing your letter with other members
of the Council. For your information, a series of four public meetings have
been scheduled by the petitioner to afford you the opportunity to share your
concerns with the petitioner. Two meetings-a"stlfieduled in the Plymouth
City Council Chambers, the first on Tuesday, October 7, and the second on
Thursday, October 9 beginning at 7:00 p.m. The final two meetings will be
held on Thursday, October 16, and Monday, October 20 at the Alpha Human
Services facility, 2712 Fremont Avenue So., Minneapolis, commencing at 7:00
p.m. In addition, the Planning Commission will continue its consideration
on this matter on Wednesday, October 22 beginning at 8:00 p.m. at the
Plymouth City Center Council Chambers. Because there may be need for a
larger meeting room, you should call the City Center on or after Monday,
October 20 to determine if an alternate location has been arranged.
The City Council will act upon this petition at a public meeting, but will
not reconduct the public hearing as we will have the benefit of the public
hearing materials from the Planning Commission, as well as telephone
conversations and correspondence such as yours. The decision before the
City Council is whether the petition as submitted conforms with City Zoning
Ordinance requirements. The adopted City Council policy is to allow ten
minutes each for the proponents and opponents to state their case. I can
assure you on behalf of the Council, that we will carefully weigh these
matters using ordinance standards prior to taking any action regarding the
proposal.
Yours truly,,
Vi gil Schneider
Mayor
VS:Jm
cc: City Council
3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447, TELEPHONE (612) 559-2800
1304 West Medicine Lake Drive, #311
Plymouth, Minnesota 55441
October 8, 1986
Mayor Virgil Schneider
Plymouth City hall
3400 Plymouth Blvd.
Plymouth, Minnesota 55441
Dear Mayor Schneider:
I am writing to object to Alpha Human Services building a
treatment facility on South Shore Drive. I understand the
residents would be free to come and go as they wish, only
signing in and out.
There are so many people who enjoy the lake area for running,
walking, biking, swimming, etc., and I think their safety
would be endangered. I am a single person and do many things
outdoors in the area where I live. If this facility is
built, I will be afraid to do this any longer.
Also, I think the property values of the homes in the area
will go down if this facility is built.
I don't think this facility should be built in Plymouth.
We already have the workhouse and the Mission Care Center on
the north end of Medicine Lake. If this facility must be
built in Plymouth, why not put it where the workhouse is?
There seems to be a lot of already county -owned property
therethat isn't being used.
Sincerely,
J 'dti� � ✓'7'+�ll�/
Barbara Johnson
October 10, 1986(II
%f
CITY OF
PLYMOUTH+
Ms. Barbara Johnson
1304 West Medicine Lk. Dr., 4311
Plymouth, MN 55441
Dear Ms. Johnson:
Thank you for your letter sharing your concerns about the Alpha Human
Services development petition. I am sharing your letter with other members
of the Council. For your information, a series of four public meetings have
been scheduled by the petitioner to afford yob` portunity to share your
concerns with the petitioner. Two meetings -scheduled in the Plymouth
City Council Chambers, the first on Tuesday, October 7, and the second on
Thursday, October 9 beginning at 7:00 p.m. The final two meetings will be
held on Thursday, October 16, and Monday, October 20 at the Alpha Human
Services facility, 2712 Fremont Avenue So., Minneapolis, commencing at 7:00
p.m. In addition, the Planning Commission will continue its consideration
on this matter on Wednesday, October 22 beginning at 8:00 p.m. at the
Plymouth City Center Council Chambers. Because there may be need for a
larger meeting room, you should call the City Center on or after Monday,
October 20 to determine if an alternate location has been arranged.
The City Council will act upon this petition at a public meeting, but will
not reconduct the public hearing as we will have the benefit of the public
hearing materials from the Planning Commission, as well as telephone
conversations and correspondence such as yours. The decision before the
City Council is whether the petition as submitted conforms with City Zoning
Ordinance requirements. The adopted City Council policy is to allow ten
minutes each for the proponents and opponents to state their case. I can
assure you on behalf of the Council, that we will carefully weigh these
matters using ordinance standards prior to taking any action regarding the
proposal.
Yours truly,
/ �- -114v� /,."
gil Schneider
Vi
Mayor
VS: jm
cc: City Council
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
OLSON, GUNN AND SERAN, Ltd.
315 Peavey Building
LAW OFFICES 730 Second Avenue South
Minneapolis, Minnesota 55402-2473
612 339-8846
October 8, 1986
The Honorable Virgil Schneider
Plymouth City Council
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Re: Proposed Alpha House Project
Dear Mayor Schneider:
As a resident of Plymouth and Medicine Lake (our home
is bisected by the City limits) I am writing this letter to
express my opposition to the proposed location of the Alpha
House Project. As an individual and an attorney who specializes
in real estate and land use it is my opinion that the proposed
location is totally inappropriate. The proximity of the
project to the adjacent residential area where many children
reside and the proximity to the liquor facilities in the
area does not support the proposed use as being a sound
site.
Also, I am very concerned about the environmental
sensitivity of the area. Based on my recollection it seems
to me that the location was in an area falling within the
flood plain of Medicine Lake. I don't know to what extent
this concern has been addressed but it is something which
would be, in my opinion, detrimental to the area.
I strongly urge you to support the hundreds of local
citizens who are opposed to the project.
Respectfully yours,
OLSON, GUNN AND SERAN, LTD.
By
RJG/nas
Richard J. Gunn
Wayne H. Olson Alonzo B. Seran Harold H. Sheff
Richard J. Gunn David R. Knodell Michelle J. Uldch
Bradley J. Gunn
October 9, 1986
CITY OF
PLYMOUTH+
Mr. Richard Gunn
Olson, Gunn and Seran, Ltd.
315 Peavey Building
730 Second Avenue So.
Minneapolis, MN 55402-2473
Dear Mr. Gunn:
Thank you for your letter sharing your concerns about the Alpha Human
Services development petition. I am sharing your letter with other members
of the Council. For your information, a series of four public meetings have
been scheduled by the petitioner to afford you t op�portunity to share your
concerns with the petitioner. Two meetings scc eduled in the Plymouth
City Council Chambers, the first on Tuesday, October 7, and the second on
Thursday, October 9 beginning at 7:00 p.m. The final two meetings will be
held on Thursday, October 16, and Monday, October 20 at the Alpha Human
Services facility, 2712 Fremont Avenue So., Minneapolis, commencing at 7:00
p.m. In addition, the Planning Commission will continue its consideration
on this matter on Wednesday, October 22 beginning at 8:00 p.m. at the
Plymouth City Center Council Chambers. Because there may be need for a
larger meeting room, you should call the City Center on or after Monday,
October 20 to determine if an alternate location has been arranged.
The City Council will act upon this petition at a public meeting, but will
not reconduct the public hearing as we will have the benefit of the public
hearing materials from the Planning Commission, as well as telephone
conversations and correspondence such as yours. The decision before the
City Council is whether the petition as submitted conforms with City Zoning
Ordinance requirements. The adopted City Council policy is to allow ten
minutes each for the proponents and opponents to state their case. I can
assure you on behalf of the Council, that we will carefully weigh these
matters using ordinance standards prior to taking any action regarding the
proposal.
Yours truly,
�L-'c
Virgil Schneider
Mayor
VS:Jm
cc: City Council
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
MEMBER OF AREA CODE 612
AMEPICAN ♦MUTION 01 AiWRNET-CE111FIED PUBLIC AEEOUNTANTS 546-3535
AND LAW OFFICES
MINN ESOIA ASSOCIATION OF AMRNEI-CEPiIFIED PUBLIC ACCDUNTINTS
MELVIN R. HARRIS, LTD.
SUITE 915 PARK PLACE, 5775 WAYZATA BOULEVARD =
ST- LOUIS PARK, MINNESOTA 55416
October 8, 1986
Mayor Virgil Schneider
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Re: Application of Alpha Human
Services Inc. for Conditional Zoning
Dear Mayor Schneider:
I came across the enclosed editorial in The Wall Street Journal of
October 6, 1986 which should be of interest to you with regard to the
application of Alpha to set up a facility for convicted sex offenders
in the immediate vicinity of a residential family neighborhood.
What strikes me in this article by Lawrence W. Sherman, who is a professor
of criminology at the University of Maryland, is the attitude of the courts
and juries in assessing liability where the crime was committed by a sex
offender whose background was not known. The concern I have is that the
City Council and the Planning Commission, and for that matter the City
itself, may be exposing itself to tremendous liability where it exposes
its citizens to a known hazard of the kind discussed in this article.
If the Planning Commission and the City are willing to subject the residents
to the kind of risk discussed in this article, it is quite apparent that
it will not be able to provide twenty-four hour protection for that kind
of exposure. This alone is sufficient grounds for denying the application.
Yours very truly,
MELVIN R. HARRIS
mrh/jb
Make Sure Job Seekers Are Not Career Criminals
Edward Harbourwas a truck driver. He
was also a convicted criminal. On the em-
ployment application for his job with B&L
Motor Freight he wrote that he had no
criminal convictions. The truth was that he
had a history of convictions for violent sex-
related crimes, and had been arrested a
year earlier for sodomizing two teen-age
hitchhikers while driving for another com-
pany. But B&L had not verified his appli-
cation statement.
Karen Malorney was a 17 -year-old
hitchhiker. In January 1978, Harbour
Manager's Journal
By Lawrence W. Sherman
picked her up and then raped her in the
sleeping compartment of his truck. He was
later arrested, convicted and sentenced to
50 years in prison.
Ms. Malorney then sued B&L Motor
Freight for pegligence in entrusting a
truck with a sleeping compartment to a
convicted sex offender. B&L moved to
have the case dismissed, arguing that em-
ployers have no legal duty to check em-
nM;
m-
es'nt;o�yictonsVhne
C ft ago
re-
fused to dismiss the case, E&L appealed.
On July 18, .1996, the Illinois Appellate
Court ruled that because B&L should have
known that "truckers are prone to give
rides (o hitchhikers despite rules against
such actions," the general duty to hire
competent employees could be extended to
checking for criminal convictions. Barring
further appeals, it is now up to a jury to
decide whether B&L breached that duty.
Malorney v. B&L is but one in a series
of recent decisions pointing toward a gen-
eral duty for employers to check the crimi-
nal record (which is accessible to the pub-
lic in most states) for virtually every em-
ployee hired. The decisions don't say it
that way; they are always limited to the
facts of the case. But the cases make it
hard to Imagine any employee who could
not have a foreseeable opportunity to com-
mit a sex crime against someone in the
course of his employment.
in Tolbert v. Martin Marietta, for ex-
ample, a federal court in Colorado last No-
vember allowed a secretary to sue her
aerospace company for hiring a janitor
who abducted and raped her on company
premises while she was walking to lunch.
The janitor had a, criminal record.
Jin Cramer v. Housing Opportunities
Commission, the highest court of Maryland
ruled last December that a nighttime
break -In, and rape of a public housing ten-
ant, was- caused by the housing agency's
earlier decision to hire the rapist as a
building inspector, who had inspected the
apartment before committing the crime. A
nployment check would hale re-
vealed convictions for robbery and bur-
glary; he was also under indictment for
rape. A new trial was ordered in which the
jury would be allowed to consider evidence
about the ease of doing record checks in
deciding the agency's negligence.
In Sheerin v. Holin, the Iowa Supreme
Court ruled last January that the estate of
a waitress stabbed to death by a cook
could sue the motel -restaurant that em-
ployed them, where the murder took place
during working hours. The estate claimed
that the restaurant was negligent in failing
to discover the cook's history of sexual as-
sault and violent behavior, and in giving
him access to knives.
These cases raise a difficult question of
public policy. There is a clear public inter-
est in reducing the risk of crime by em-
ployees. But there is also a public interest
in not imposing unreasonable costs on em-
ployers in conducting criminal record
checks on everyone they hire—especially
in high -turnover, low-wage positions. If
each janitor, cook and truck driver has to
be subjected to criminal record checks, op-
erating costs for all employers, nonprofit
and for-profit, will noticeably increase.
An even more complex question is how
to use the information once it's obtained.
Should any prior conviction for a violent
offense constitute a barrier to employ-
ment? For every three -time -rapist thus ex-
cluded, there will be many more 35 -year-
olds who were involved in a bar -fight at
age 19, with no dubsequent offenses. The
American Psychiatric Association has
taken the position that the likelihood of fu-
ture violence is very hard to predict, even
with extensive and costly psychiatric as-
sessments. Predictions made by employ-
ment officers based solely on a review of
criminal convictions would be virtually
meaningless.
What the courts may eventually force
employers to do is to vAstly over -predict
violent behavior, refusing to hire many
people who would never be violent, in or-
der to exclude the rare one who would be.
While that might be good public policy for
school teachers, police officers and day-
care workers, it may not be good policy for
those seeking entry-level service jobs. For
If we make convicted people unemployable
even in the lowest paid jobs in the econ-
omy, where are they to go? By cutting
them off from almost any work, moreover,
we may increase their likelihood of com-
mitting an act of violence.
7Z
one way out of this auemmn is wt ene
ployer trade associations to develop stan-
dards for background investigations re-
quired for different kinds of jobs that pose
different risks in different employment set-
tings. Hospitals, for example, provide ac-
cess to extremely vulnerable people; these
institutions are like hotels where the rooms
are never locked and the guests are often
unconscious. In such a setting, it might be
reasonable to require criminal history
checks for all employees—janitors, cooks,
secretaries, and even nurses and doctors.
Construction workers, conversely, are usu-
ally surrounded by fellow construction
workers and, therefore, extraordinary rec-
ord checks may not be necessary for them,
or for others who do not work regularly
with vulnerable individuals.
There should also be standards on how
to assess criminal records. A five-year in-
terval after any non -sexual violence, for
example, might create a discretionary
zone in which hiring for some jobs would
not be unreasonable. Differentiating sexual
violence from other offenses would also be
important.
Judges often instruct 'Jurors to be
guided by an industry standard of care in
determining negligence. If the standard is
unclear or non-existent, then juries can
make up their own standard. Thus em-
ployers may be better off in setting their
own standards, too, rather than having
standards imposed ex post facto.
Many employers will resist this idea,
because it would probably mean perform -
Ing more background checks in the short
run. Whether they are financially better off
in just losing lawsuits will depend on how
frequently lawsuits occur in their industry,
and size of the awards. But the long -run
cost of doing nothing could be a court -im-
posed standard of criminal record checks
for virtually everyone.
The courts see a need for policy on pre-
employment screening, and they are filling
the vacuum. -They may be happy to have
employers db the job with their own stan-
dards. Employers would serve their own
interests, as well as the interests of crime
victims, by tackling the issue directly.
Mr. Sherman is professor of criminol-
ogy at the University of Maryland and edi-
tor of the Washington -based Security Law
Newsletter.,
October 9, 1986
r Z
CITY OF
PLYMOUTR
Mr. Melvin R. Harris
Melvin R. Harris, Ltd.
Suite 915 Park Place
5775 Wayzata Blvd.
St. Louis Park, MN 55416
Dear Mr. Harris:
- X36 -
Thank you for your letter sharing your concerns about the Alpha Human
Services development petition. I am sharing your letter with other members
of the Council. For your information, a series of four public meetings have
been scheduled by the petitioner to afford you tt$ oortunity to share your
concerns with the petitioner. Two meetings are s"c eduled in the Plymouth
City Council Chambers, the first on Tuesday, October 7, and the second on
Thursday, October 9 beginning at 7:00 p.m. The final two meetings will be
held on Thursday, October 16, and Monday, October 20 at the Alpha Human
Services facility, 2712 Fremont Avenue So., Minneapolis, commencing at 7:00
p.m. In addition, the Planning Commission will continue its consideration
on this matter on Wednesday, October 22 beginning at 8:00 p.m. at the
Plymouth City Center Council Chambers. Because there may be need for a
larger meeting room, you should call the City Center on or after Monday,
October 20 to determine if an alternate location has been arranged.
The City Council will act upon this petition at a public meeting, but will
not reconduct the public hearing as we will have the benefit of the public
hearing materials from the Planning Commission, as. well as telephone
conversations and correspondence such as yours. The decision before the
City Council is whether the petition as submitted conforms with City Zoning
Ordinance requirements. The adopted City Council policy is to allow ten
minutes each for the proponents and opponents to state their case. I can
assure you on behalf of the Council, that we will carefully weigh these
matters using ordinance standards prior to taking any action regarding the
proposal.
Yours truly,
Ia&, 4
Vi gil Schneider
Mayor
VS:jm
cc: City Council
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
)-LAo-
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: October 16, 1986
TO: Blair Tremere, Director of Planning & C munity Development
FROM: Frank Boyles, Assistant City Manager
SUBJECT TOWN MEETING - RESIDENT FEEDBACK FORMS
Attached are "Resident Feedback Forms" from the October 14 Town
Meeting requesting information or City action on a particular issue.
Also attached is a copy of the Mayor's letter to each resident
submitting the form thanking them for their comments and advising them
that City staff members will further investigate the issue and respond
to them in writing. Please send me a copy of the correspondence you
send to each resident. To insure prompt action, please make every
effort to send your response no later than October 30. Copies of all
correspondence will be placed in the Manager's information memorandum.
FB:Jm
cc: S/F - 10/30/86
- c�
PLYMOUTH TOWN MEETING FORMAT
AREA 2
October 14, 1986
I. INTRODUCTIONS - Mayor Virgil Schneider
II. STATUS REPORTS ON ISSUES OF INTEREST - City Department Heads
III. QUESTIONS FROM RESIDENTS IN ATTENDANCE
IV. CLOSING COMMENTS - Mayor Virgil Schneider
V. ADJOURN
'-----3IC�-L"'-
---------------------------------------------------- -------------------
RESIDENT
-------------------------------------------------------------------------
RESIDENT FEEDBACK FORM
Please use this form if you have a question or concern which you would like
the City to investigate. If you provide your name, address and phone
number, we will advise you of our actions and findings with respect to your
concern.
NATURE OF CONCERN/PROPERTY ADDRESS INVOLVED: )A/0 /S7�?/44 600,q S 5"ICYri:
ACTION YOU DESIRE THE CITY TO TAKE: S c r No oe 5 '7-g47-
A"er i1/elxrys O/>O/IS 7- % o.v
G"/ e' k k
NAME OF CONCERNED RESIDENT:
ADDRESS OF RESIDENT: -15 t C) A C y E k5 0 g 4 kA, -t„j 6'
PHONE NUMBER: $'5 5—
1'Ac,,
October 16, 1986
Sohn R. Dumez
2510 Rosewood Lane
Plymouth, MN 55441
Dear Mr. Dumez:
(11c"�ITY OF
PLYMOUTR
Thank you for your thoughtful message on the Resident Feedback form you
submitted at the October 14 Town Meeting. Both the City Council and City
staff were gratified that the meeting was so well attended.
In order to more thoroughly respond to your concerns, we have referred your
comments to the Park and Recreation and Community Development Departments
for investigation. A member from each department will provide you with
additional information on your concerns.
Once again, thank you for participating in the town meeting and feel free to
contact me, City Council members or the City staff at any time if we can be
of service to you.
Sincerely,
Vi gil Schneider
Mayor
VS:jm
cc: Eric Blank, Director of Park and Recreation
Blair Tremere, Director of Planning & Community Development
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: October 16, 1986
TO: Tom Saba, Sergeant /�
FROM: Frank Boyles, Assistant City Manager `
SUBJECT TOWN MEETING - RESIDENT FEEDBACK FORMS
Attached are "Resident Feedback Forms" from the October 14 Town
Meeting requesting information or City action on a particular issue.
Also attached is a copy of the Mayor's letter to each resident
submitting the form thanking them for their comments and advising them
that City staff members will further investigate the issue and respond
to them in writing. Please send me a copy of the correspondence you
send to each resident. To insure prompt action, please make every
effort to send your response no later than October 30. Copies of all
correspondence will be placed in the Manager's information memorandum.
FB: Jm
cc: S/F - 10/30/86
1 -IA c -
�`c��l-.../
V
C4 -
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: October 16, 1986
TO: Fred Moore, Public Works Director
FROM: Frank Boyles, Assistant City Manage�&v
SUBJECT TOWN MEETING - RESIDENT FEEDBACK FORMS
Attached are "Resident Feedback Forms" from the October 14 Town
Meeting requesting information or City action on a particular issue.
Also attached is a copy of the Mayor's letter to each resident
submitting the form thanking them for their comments and advising them
that City staff members will further investigate the issue and respond
to them in writing. Please send me a copy of the correspondence you
send to each resident. To insure prompt action, please make every
effort to send your response no later than October 30. Copies of all
correspondence will be placed in the Manager's information memorandum.
FB:jm
cc: S/F - 10/30/86
1-1A c.__
PLYMOUTH TOWN MEETING FORMAT
AREA 2
October 14, 1986
I. INTRODUCTIONS - Mayor Virgil Schneider
II. STATUS REPORTS ON ISSUES OF INTEREST - City Department Heads
III. QUESTIONS FROM RESIDENTS IN ATTENDANCE
IV. CLOSING COMMENTS - Mayor Virgil Schneider
V. ADJOURN ff,,
rt -
----------------------------------------------------------------------------
RESIDENT FEEDBACK FORM
Please use this form if you have a question or concern which you would like
the City to investigate. If you provide your name, address and phone
number, we will advise you of our actions and findings with respect to your
concern.
NATURE OF CONCERN/PROPERTY ADDRESS INVOLVED:(fIJ U,C7
cltt�US p�l� — D-kjC ;,,C0 IN `5OU7C") WOE .DtzlJ(&)C,
CA.; C#W,.i S 02t t) `� i 2 -7w?�% s `" C (�-€SSS C
ACTION YOU DESIRE THE CITY TO TAKE: f\LF +r-A-rtC S (C N OL -S Pi -d -LL
1-V �CI1+��Ny (%N 11110DLE C'a- L t� i t iitL1C Z.1TYLiC j r
NAME OF CONCERNED RESIDENT: \\ C �U►� Ska c(o ti
Al
ADDRESS OF RESIDENT:Ca Jn ore, (A rJ - YV .
PHONE NUMBER:�y�3�7
October 16, 1986
CITY OF
PLVMOUTH
-
Richard Sheldon
2705 Sycarmore Lane
Plymouth, MN 55441
Dear Mr. Sheldon:
-�-- \ -�-Aa-
Thank you for your thoughtful message on the Resident Feedback form you
submitted at the October 14 Town Meeting. Both the City Council and City
staff were gratified that the meeting was so well attended.
In order to more thoroughly respond to your concerns, we have referred your
comments to the Public Works Department for investigation. A member of that
department will provide you with additional information on this subject.
Once again, thank you for participating in the town meetinq and feel free to
contact me, City Council members or the City staff at any time if we can be
of service to you.
Sincerely,
Vigil Schneider
Mayor
VS:Jm
cc: Fred Moore, Public Works Director
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
PLYMOUTH TOWN MEETING FORMAT
AREA 2
October 14, 1986
I. INTRODUCTIONS - Mayor Virgil Schneider
II. STATUS REPORTS ON ISSUES OF INTEREST - City Department Heads
III. QUESTIONS FROM RESIDENTS IN ATTENDANCE
IV. CLOSING COMMENTS - Mayor Virgil Schneider
V. ADJOURN
RESIDENT FEEDBACK FORM
Please use this form if you have a question or concern which you would like
the City to investigate. If you provide your name, address and phone
number, we will advise you of our actions and findings with respect to your
concern.
NATURE OF CONCERN/PROPERTY ADDRESS INVOLVED:
12-15 5- Gr/ ccftj'NS 4r-
„e.cs►2ccN 4A/-
(41122 lW ILL j4if� 4- N5-t,;g aN Gve2,2eeA.1 X,\)
ACTION YOU DESIRE THE CITY TO TAKE: u) ne'(.
22
rdo wk C 1'j.9u/ �Lr�%��t�ti N 4kels-
s� Kt(fS /oa �Ait�C iw W� /7,,,t I n,e— es�aci'.r/!�
NAME OF CONCERNED RESIDENT: JA,/ 1/2eke-
ADDRESS OF RESIDENT: /•SSS W '114. 4l<• 77)'t -
PHONE NUMBER: ES 9 - y-> 9 %
October 16, 1986
Sohn Hackett
1455 West Medicine Lake Drive
Plymouth, MN 55441
Dear Mr. Hackett:
(14c��-ITY OF
PLYMOUTI+
Thank you for your thoughtful message on the Resident Feedback form you
submitted at the October 14 Town Meeting. Both the City Council and City
staff were gratified that the meeting was so well attended.
In order to more thoroughly respond to your concerns, we have referred your
comments to the Public Works Department for investigation. A member of that
department will provide you with additional information on this subject.
Once again, thank you for participating in the town meeting and feel free to
contact me, City Council members or the City staff at any time if we can be
of service to you.
Sincerely,
41chneider Vi g
Mayor
VS:jm
cc: Fred Moore, Public Works Director
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
PLYMOUTH TOWN MEETING FORMAT
AREA 2
October 14, 1986
I. INTRODUCTIONS - Mayor Virgil Schneider
II. STATUS REPORTS ON ISSUES OF INTEREST - City Department Heads
III. QUESTIONS FROM RESIDENTS IN ATTENDANCE
IV. CLOSING COMMENTS - Mayor Virgil Schneider
V. ADJOURN
t -
RESIDENT FEEDBACK FORM
Please use this form if you have a question or concern which you would like
the City to investigate. If you provide your name, address and phone
number, we will advise you of our actions and findings with respect to your
concern.
NATURE OF CONCERN/PROPERTY ADDRESS INVOLVED:
r' '
ACTION YOU DESIRE THE CITY TO TAKE:
T�
gia
NAME OF CONCERNED RESIDENT:
ADDRESS OF RESIDENT: % r, =.
PHONE NUMBER:
October 16, 1986
Pauline Milner
2355 Jonquil Lane
Plymouth, MN 55441
Dear Ms. Milner:
�c
CITY OF
PLYMOUTH -
Thank you for your thoughtful message on the Resident Feedback form you
submitted at the October 14 Town Meeting. Both the City Council and City
staff were gratified that the meeting was so well attended.
In order to more thoroughly respond to your concerns, we have referred your
comments to the Public Works and Public Safety Departments for
investigation. A member from each department will provide you with
additional information on your concerns.
Once again, thank you for participating in the town meeting and feel free to
contact me, City Council members or the City staff at any time if we can be
of service to you.
Sincerely,
Virgil Schneider
Mayor
VS:jm
cc: Fred Moore, Public Works Director
Richard Carlquist, Public Safety Director
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
I
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: October 16, 1986
TO: Eric Blank, Park and Recreation Director2
FROM: Frank Boyles, Assistant City Manager)
SUBJECT TOWN MEETING - RESIDENT FEEDBACK FORMS
Attached are "Resident Feedback Forms" from the October 14 Town
Meeting requesting information or City action on a particular issue.
Also attached is a copy of the Mayor's letter to each resident
submitting the form thanking them for their comments and advising them
that City staff members will further investigate the issue and respond
to them in writing. Please send me a copy of the correspondence you
send to each resident. To insure prompt action, please make every
effort to send your response no later than October 30. Copies of all
correspondence will be placed in the Manager's information memorandum.
FB:jm
cc: S/F - 10/30/86
= j 1-�A o,,�
PLYMOUTH TOWN MEETING FORMAT
AREA 2
October 14, 1986
I. INTRODUCTIONS - Mayor Virgil Schneider
II. STATUS REPORTS ON ISSUES OF INTEREST - City Department Heads
III. QUESTIONS FROM RESIDENTS IN ATTENDANCE
IV. CLOSING COMMENTS - Mayor Virgil Schneider
V. ADJOURN
---------------------------------------------------------------------------
RESIDENT FEEDBACK FORM
Please use this form if you have a question or concern which ycu would like
the City to investigate. If you provide your name, address and phone
number, we will advise you of our actions and findings with respect to your
concern.
NATURE OF CONCERN/PROPERTY ADDRESS INVOLVED:
ACTION YOU'DESIRE THE CITY TO TAKE:
o
n
NAME OF CONCERNED RESIDENT: f�
ADDRESS OF RESIDENT: LA -^ E
PHONE NUMBER: 5zj4 — O 0 Z.n
October 16, 1986
Mr. Herb Klossner
Director of Transportation
Henn. County Dept. of Transp.
320 Washington Avenue South
Hopkins, Minnesota 55343
Subject: Northbound County Road 61 at Highway 55
Dear Herb:
On October 14 the Plymouth City Council held a "Town Meeting" for a portion of
our City. The purpose of this meeting is to maintain open communication
channels with the residents of the Community and the City Council. The area of
the Community which was invited to this meeting were adjacent to the
intersection of County Road 61 and Highway 55.
Several residents of this area expressed a concern about the traffic signing,
markings and congestion on Northbound County Road 61 on the South approach to
Highway 55. Currently for Northbound traffic there are two lanes, except after
a sharp curve immediately South of the Amoco Gas Station. At this point the
roadway is marked for three lanes of traffic. The far right lane is marked as
a right turn lane, the middle lane is marked as a through/left turn, and the
left lane is marked as a left turn lane. There is no advanced warning previous
to the curve.
If you are Northbound on County Road 61 and are in the far right lane, because
of the heavy traffic congestion at this intersection, you cannot merge into the
proper lane to make the through movement or the left turn movement. On the
North side of Highway 55 there are two traffic lanes making it possible for the
Northbound traffic to make the through movement from either the right turn lane
or the through/left turn lane. Because of the heavy congestion at this
intersection many vehicles are trapped and forced into making the through
movement from the right turn lane and some residents had commented that they
had received a ticket for this traffic violation.
The City Council has directed me to request the County to review the traffic
situation at this intersection. At a minimum it appears that there should be
additional advanced warning signs before the intersection designating the
proper lane usage. It appears that the lane which now is an exclusive right
turn lane should also be designated as a through/right turn lane.
'340G "Lti',10t_,-H BO1_J_EVA4�'D PLY%401JTt-4 !ltJNESr T.4 :;5447. TELEPHONE 1612, -,r,
,-'CITY OF
PLYMOUTH+
Mr. Herb Klossner
Director of Transportation
Henn. County Dept. of Transp.
320 Washington Avenue South
Hopkins, Minnesota 55343
Subject: Northbound County Road 61 at Highway 55
Dear Herb:
On October 14 the Plymouth City Council held a "Town Meeting" for a portion of
our City. The purpose of this meeting is to maintain open communication
channels with the residents of the Community and the City Council. The area of
the Community which was invited to this meeting were adjacent to the
intersection of County Road 61 and Highway 55.
Several residents of this area expressed a concern about the traffic signing,
markings and congestion on Northbound County Road 61 on the South approach to
Highway 55. Currently for Northbound traffic there are two lanes, except after
a sharp curve immediately South of the Amoco Gas Station. At this point the
roadway is marked for three lanes of traffic. The far right lane is marked as
a right turn lane, the middle lane is marked as a through/left turn, and the
left lane is marked as a left turn lane. There is no advanced warning previous
to the curve.
If you are Northbound on County Road 61 and are in the far right lane, because
of the heavy traffic congestion at this intersection, you cannot merge into the
proper lane to make the through movement or the left turn movement. On the
North side of Highway 55 there are two traffic lanes making it possible for the
Northbound traffic to make the through movement from either the right turn lane
or the through/left turn lane. Because of the heavy congestion at this
intersection many vehicles are trapped and forced into making the through
movement from the right turn lane and some residents had commented that they
had received a ticket for this traffic violation.
The City Council has directed me to request the County to review the traffic
situation at this intersection. At a minimum it appears that there should be
additional advanced warning signs before the intersection designating the
proper lane usage. It appears that the lane which now is an exclusive right
turn lane should also be designated as a through/right turn lane.
'340G "Lti',10t_,-H BO1_J_EVA4�'D PLY%401JTt-4 !ltJNESr T.4 :;5447. TELEPHONE 1612, -,r,
\ �6AC-1
Mr. Herb Klossner
October 16, 1986
Page Two
In addition to reviewing the signing and lane usage at this intersection, we
are also requesting that County Road 61 South of Highway 55 to Industrial Park
Boulevard be reviewed for safety improvements because of the existing traffic
congestion, the existing geometrics, the private driveway entrances and the
existing street entrance. It is our opinion that this intersection requires
reconstruction and upgrading. The County has a copy of the "County Highway 61
Corridor Study" prepared by the City of Plymouth in December 1982. This report
indicates the improvements necessary in order for this intersection to operate
at an acceptable level of service. As a result of the opening of County Road
61 to Highway 12 more traffic is using this roadway. Also, because of the
construction taking place on Highway 12 there is additional traffic being
diverted to Highway 55 by way of County Road 61.
If there are any questions with regard to the conditions which exist at this
intersection or the requested improvements by the City, please do not hesitate
to contact me.
Sincerely,
Fred G. Moore, P.E.
Director of Public Works
FGM:kh
cc: James G. Willis - City Manager
S/F 10-31-86
October 9, 1986
Mr. Gary Howarter
Senior Claim Representative
Claim Department
CNA Insurance Companies
700 Piper Caffrey Tower
P.O. Box 9322
Minneapolis, MN 55440
RE: Claim No. 32-258164-G7
Claimant: Richard and
Date of Loss: 4-28-86
Dear Mr. Howarter:
'E
CITY O�
PLYMOUTR
Carolyn Qualley, etal.
- �aAcA_
At their October 6, 1986 meeting the Plymouth City Council reviewed your
letter of October 2, 1986 with respect to the above -referenced claim. Mrs.
Patricia Novy, 1805 Dunkirk Lane, was present at the meeting to discuss her
concerns with the Council. She cited two paragraphs of your letter and
provided additional historical information which she believes has a bearing
on this case.
The specific portions of your letter cited were under paragraph number one
which recites your discussion with Sherm Goldberg, as follows:
"The system was not designed to handle this amount of water. He (Sherm)
also indicated that this was not a low spot in the City and there had
been no prior problems with sewer backups in this area."
Also cited was an excerpt from your concluding paragraph, which reads,
"One further comment is that this loss occurred in an area that had
never had a backup occur before. It is not like the City was aware of
the problem and never did anything to correct. It certainly would have
been different if a backup had occurred in this area before and the City
had done nothing."
Mrs. Novy supplied to the Council a letter dated March 23, 1985 to then -
Mayor Davenport expressing the concern which she and her neighbors felt
about the storm water drainage system being installed in association with
the Dunkirk Lane project. Mrs. Novy's second submittal was a copy of an
August 17, 1978 letter from Mr. Arden Greenberg, claim representative from
the City's insurer, Employer's Insurance of Wausau, denying a claim which
she made as a result of a sanitary sewer backup on on duly 6, 1978. Mrs.
Novy's intent in producing these documents was to confirm that the problem
had occurred in the past and that the City was aware of the problem, had
done nothing about it, and therefore liable for the most recent claim. I am
attaching copies of the correspondence.
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
October 7, 1986
Page two
In light of the new information submitted by Mrs. Novy, the City Council
directed that this matter be referred back to you for a more thorough
investigation in light of new information. I would appreciate it if you
would provide a letter similar in format to your October 2, 1986 letter
which considers the ramifications of the Novys' 1978 sanitary sewer backup
claim and the 1985 letter from the Novy's and their neighbors.
As a separate issue, I would also appreciate it if your letter would discuss
the test which your company uses to determine liability of the City in such
matters. I believe this discussion would help our City Council to better
understand the basis for your denial. You may also want to discuss the
status of the eight other claims submitted on the same date for the same
reason.
Yours very truly
Frank Boyles
Assistant City Manager
FB:jm
attach
cc: Dale Hahn, Finance Director
Fred Moore, Public Works Director
Don Kuplic, Kraus Anderson Insurance Agency
Employers insurance of Wausau
7050 France Avenue o Box 1357 o Minneapolis, Minnesota 55440 c (612) 830-1700
Mr. and Mrs. Douglas Noby
1805 Dunkirk Lane
Plymouth, Minnesota
Douglas Noby -
City of Plymouth
Our File: X4-17768
= L�Q—�
August 17, 1978
We have completed our investigation of sanitary sewer backup from July 6, 1978.
Our investigation reveals that the City was not negligent or contributed to the
cause of the backup and, therefore, we must respectfully deny your claim.
It is our understanding that the cause of the problem arose from homes on
the same sanitation line receiving great amounts of rain water into the basement
thereby causing the sanitary system to temporarily overload; the subsequent
result was the backup to your homes.
Thank you for your cooperation.
Arden Greenberg
Claim Representative
TC/dm
Employers Mutual Liability Insurance Company of Wisconsin • Employers Life Insurance Company of Wausau • Home Office: Wausau, Wisconsin
Illinois Employers Insurance of Wausau • Principal Office: River Forest, Illinois
FROM:
Douglas & Patricia Novy
1805 Dunkirk Ln.
Plymouth, MN 55447
TO:
Mayor David Davenport
City of Plymouth
300 Plymouth Blvd.
Plymouth, MN 55447
March 23, 1985
Dear Mayor Davenport:
and Kenneth Amerman & Angela Wilharm
1815 Dunkirk Ln.
Plymouth, MN 55447
As the Dunkirk Lane Project began, we expressed concern about the
amount of water being drained through our properties from the
developments to the North of us. City officials and engineers
reassured us that with proper planning, drainage, and curbing,
we need not be concerned.
At this point in time, we are deeply concerned. Our driveways have
been flooded with several inches of water and the front yard at 1805
Dunkirk has had a wide stream of water running through it. Employees
of PCI have been out to pump water ou{ on several different occasions.
We realize the Project has not been completed but already there
seems to be dispute among the City, Short -Elliott & Hendrickson,
and PCI, over where the responsibility lies ---each blaming the
problem on another. We have been told that proper grading of our
he
ater. We
this willltakepcareminte ofathetproblemdwhenwlarge amountssofowhether
water are
this
present.
We noticed -tat during the recent melt-down of snow in late February,
the creek was running near capacity through 1815 Dunkirk and the
pipe going under the road at that location was approximately
6 inches from being full. Since that melt-down was from only a
small amount of snow in comparison to the amount we have most
winters, we can't help wondering how the present system will handle
the amount of water we have had most years in the spring.
Please look into these problems and see to it that they are taken
care of. Our driveways and yards were not flooded prior to the
Project. Action needs to be taken now. Please give this matter
your immediate attention and advise as to where the responsibility
lies and what steps will be taken to alleviate the problem.
Sincerely, e"'n/eth
Douglas NoS'yPatricia No�ry �Amerman4gZa Wilharm
cc: PCI, Short Elliott & Hendrickson, Engineering Dept. -Plymouth
CITY OF
October 13, 1986 PLYMOUTR
Mr. Gary Howarter
Senior Claim Representative
Claim Department
CNA Insurance Companies
700 Piper Jaffrey Tower
P.O. Box 9322
Minneapolis, Minnesota 55440
Subject: Claim No. 32-258164-G7
Claimant: Richard and
Date of Loss: 4-28-86
Dear Mr. Howarter:
Carolyn Qualley, etal.
By letter dated October 9, 1986 you received additional information from
Frank Boyles, Assistant City Manager, with regard to the above referenced
claim. Part of that material attached was a letter directed to Mayor
Davenport dated March 25, 1985. Attached herewith is a letter and office
memorandum with regard to that letter to the City. The letter and the
responses addressed a surface water problem which was taking place because of
the reconstruction of Dunkirk Lane.
Sincerely,
Fred G. Moore, P.E.
Director of Public Works
FGM:kh
Enclosures
cc: Dale Hahn, Finance Director
Don Kuplic, Kraus Anderson Insurance Agency
prank Boyles, Assistant City Manager
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
April 2, 1985
Mr. & Mrs. Douglas Novy
1805 Dunkirk Lane
Plymouth, MN 55447
Dear Mr. and Mrs. Novy:
I am writing this letter in
Angela Wilharm wrote to Mayor
Lane project. Mayor Davenport
ing on his behalf.
'14, `111.
rx`.11.
CITY OF
PLYMOUTR
response to the letter you
Davenport regarding drainage
is currently out of town and
and Kenneth Amerman and
concerns on the Dunkirk
I am therefore respond -
The City's Public Works Director, Mr. Fred Moore, informs me that Mr. Dave Pillatzke
of Short, Elliot, Hendrickson, the consulting engineers for this project, have met
with you regarding the drainage problems you and your neighbors have experienced.
We recognize that there is a drainage problem and that it is to be corrected as part
of the Dunkirk Lane improvement project. According to information I have received
from Mr. Moore, a solution to the problem has been found. It is my understanding
that a pipe from the existing catch basin is to be extended approximately 30 feet to
pick up the low spot on your property. An inlet will then be constructed at the end
of the pipe. This construction, of course, cannot take place until we have
appropriate easements from you and your neighbors, and further that the ground
conditions are such that the contractor can move his equipment onto the property.
This work, along with the final grading of the yards, should alleviate the problem
you have experienced.
The second concern you addressed is the capacity of the pipe going under Dunkirk
Lane. The consulting engineers assure us that the drainage system is working as
designed, and even though the pipe may appear to be running full, it has not reached
its hydraulic capacity. I understand that Mr. Pillatzke has reviewed this matter
with you as well.
I can assure you that it is our intent to promptly and properly correct the drainage
problem you have identified. We appreciate your bringing the matter to our atten-
tion in order that it can be dealt with promptly. If you perceive the solution we
have found is not appropriate, I would appreciate your bringing it to my attention
in order that it can be corrected satisfactorily.
Yours truly,
Oa s G. Willis
Cit Manager
cc: Mr. Kenneth Amerman & Ms. Angela Wilharm, 1815 Dunkirk Lane
Mayor & City Council
Fred Moore, Director of Public Works
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: March 27, 1985
TO: James G. Willis, City Manager, through Fred Moore,Director of Public Works
FROM: Sherman Goldberg, City Engineer
SUBJECT: Dunkirk Lane - Project 408
Attached is a copy of a letter sent to Mayor Davenport dated March 23, 1985
from some of the residents along Dunkirk Lane relative to a drainage problem.
We have been apprised of the problem by Dave Pillatzke of Short-Elliott-
Hendricksor, and have been working with them and P.C.I., the contractor, in order
to keep the standing water to a minimum. P.C.I. has pumped the area several times.
We have met. with Dave Pillatzke on the site and determined that the most feasi-
ble way of solving the drainage problem is to extend a culvert pipe from the catch
basin in front of the subject properties back towards their driveway. Although the
final grading of the yards has not been completed, we anticipated that the water
could flow naturally over the ground towards the creek. But because of the snow
and ice buildup along the edges of the driveway, this has not been what has taken place,
rather water has ponded back on their driveways and yards. I am confident that the
extension of the storm sewer pipe is about 30 feet, as proposed will alleviate the
problem. Dave Pillatzke has been in contact with the Novys and explained to them
that we were going to construct the storm sewer as soon as the weather permitted.
Hopefully, this will be in the next couple of weeks, as the frost is going out of the
ground rapidly. We will be approaching them with easements that are required in order
to construct the pipe and place the catch basin. This has been explained to them.
From my conversations and the people at P.C.I., I don't believe that there has been
any finger pointing as to whose responsibility it is to take care of the problem and
what steps are going to be taken to alleviate the problem.
With respect to the concern of the ditch not being capable of handling the run-off,
Dave Pillatzke advises that the culvert design is a "submerged outlet" and even though
it appears to be running full, it's full _capacity is not obtained until a "head" is
created upstream. In layman's language, this means the ditch will run almost full in
order to carry the necessary flow.
Sherman L. Goldberg, P.E.
SLG:kh
Attachment: Letter
P.S. I talked to Dave on 3/28 and he indicated that he spoke with Mr. Novy
on 3/27 and assured him the problem would be taken care of.
CITY Of PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
DATE:
March 27, 1985 MEMO
T0: Fred Moore, Director of Public Works
FROM: Sherman Goldberg, City Engineer
SUBJECT: Dunkirk Lane - Project 408
Attached is a copy of a letter sent to Mayor Davenport dated March 23, 1985
from some of the residents along Dunkirk Lane relative to a drainage problem.
We have been apprised of the problem by Dave Pillatzke of Short -Elliott -
Hendrickson and have been working with them and PCA in order to keep the
standing water to a minimum. PCI has pumped the area several times.
We have met with Dave Pillatzke on the site and determined that the most feasi-
ble way of solving the drainage problem is to extend a culvert pipe from the
catch basin in front of the subject properties back towards their driveway.
Although the final grading of the yards has not been completed, we anticipated
that the water could flow naturally over the ground towards the creek. But
because of the snow and ice buildup along the edges of the driveway, this has
not been what has taken place, rather water has ponded back on their driveways
and yards. I am confident that the extension of the storm sewer pipe as pro-
posed will alleviate the problem. Dave Pillatzke has been in contact with the
Novys and explained to them that we were going to construct the storm sewer as
soon as the weather permitted. Hopefully, this will be in the next couple of
weeks, as the frost is going out of the ground rapidly. We will be approaching
them with easements that are required in order to construct the pipe and place
the catch basin. This has been explained to them. From my conversations and
the people at PCI, I don't believe that there has been any finger pointing as
to whose responsibility it is to take care of the problem and what steps are
going to be taken to alleviate the problem.
Sherman L. Goldberg, P.E.
SLG:bw
Attachment: Letter
P.S. I talked to Dave on 3/28 and he indicatedthat he spoke with Por. Novy
on 3/27 and assured him the problem would be taken care of.
October 3, 1986
Douglas and Patricia Novy
1805 Dunkirk Lane North
Plymouth, Minnesota 55447
CITY OF
PLYMOUTFt
Subject: Claim for Sewer Backup
Dear Mr. and Mrs. Novy:
On September 15 you appeared before the Plymouth City Council at their Public
Forum regarding your claim for sewer backup which occurred on April 28. The
City Council directed that we obtain a copy of the Insurance Investigation
Report with regard to your claim. Attached herewith is a copy of that report
dated October 2, 1986.
Sincerely,
Fred G. Moore, P.E.
Director of Public Works
FGM:kh
Enclosure
0
L H .
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
CNA Insurance Conies
700 Piper -,Jaffray 'lower
P. o. Brno 9322
CNA INSURANCE COMPANIES Minneapolis, W 55440
October 2, 1986
Dale Hahn, Finance Director
City of Plymouth
3400 PlyTKxxt h Blvd.
Plymouth, MN 55447
Re: Claim No.: 32-258164-G7
Claimant: Richard and Carolyn Qualley, et al.
Date of Ioss: 4-28-86
Dear Mr. Hahn:
This letter is in response to a request from D:>n Kuplic, the agent at Kraus
Anderson Insurance Agency, as well as a request by Bobbi Leitner. It is my
understanding that the City Council for the City of Plymouth has several
questions on the handling of the sewer backup claims which occurred in the early
A. M. of April 28, 1986. My response to those concerns is as follows:
1. After the loss occurred, contact was made with 5herm Goldberg
the City Rigineer regarding the cause of the loss. According to
Goldberg, the problem in a "nut shell" was caused by individual
homeowners hooking their sump pumps to the sanitary sewer system
in violation of code. The heavy rains that occurred around this
time caused extensive dumping of water into the system overloading
it. The system was not designed to handle this amount of water.
He also indicated that this was not a low spot in the city in that
there had been no prior problems with sewer back ups in this area.
2. A copy of the local climaticalogical data monthly summary from the
National Weather Service at the Minneapolis airport was obtained as
was a copy of the part of the city code book pertaining to the
prohibition of hooking sump pins to discharge any storm water,
surface water, ground water, etc., into any sanitary sewer.
3. Also in conversation with Mr. Goldberg he did indicate that it was
almost impossible to police this problem as once the plumbing is
inspected by the city Plumbing Inspector, the owners of the homes
will knock out the concrete in their basement floor arra hook the
sump pump into the sewer system anyway.
CNA
For AU the Commitments Yoa M&ke•
CNA INSURANCE COMPANIES
Dale Hahn, mance Director - 2 - octcber 2, 1986
4. Based cn this investigation, we did not see that the city was
negligent in causing the water to back up into the individual
homeowner's basements. A denial letter was sent to every one of
the_; .
5. There has been some concern as to the reason why the individual
homeowners were not contacted. This was merely a judgment call on
our part. The individual letters written by the various homeowners
did not all arrive in our office at the same time, arra it was also
felt that when we received notice in our office, that most of the
ham oweners would have taken necessary preventative measures to
protect their property as they saw fit, which is a ecmTm legal
theory that individuals have the duty to mitigate their own damages.
6. There has also been some concern that sane of the affected homeowners
did not have sump pumps illegally connected to the sanitary sewer
system. The denial letter that was sent, in no way, shape or form
was intended to imply the affected hmeowners had done so. According
to Goldberg, same of them had but some of them hadn't. It made no
difference to us on the liability issue as the same letter was sent
to all affected hmeowners.
One further aunt is that this loss occurred in an area that had never had
this back up occur before. It is not like the city was aware of the prnblem
and never did anything to correct it. It certainly would have been different
if a back up had occurred in this area before and the city had done nothing.
Based cn our investigation, we felt the city was not liable and denied the
affected haneowners' claims. We did not investigate the individual haneowners'
damages, as we felt liability did not rest with the city and without liability
there can be no recovery against the city for damages incurred.
If you have any questions at all regarding this matter or if any of the council
members have any questions, please feel free to contact the undersigned.
Sincerely,
Gary er
Senior Claim Representative
Claim Department
(612) 347-6792
GH:rb EW27
CNA
For AU the Commitment& You Nate•
cc: Don Kuplic
Kraus Anderson Insurance Agency
1935 WEbt Burnsville Parkway
Burnsville, MN 55337
\ �Ac
17LA
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: October 17, 1986
TO: Jim Willis, Virgil Schneider, and Councilmembers
FROM: Bob Zitur, Councilmember
SUBJECT SANITVION TRUCKS ON OUR STREETS
Two days ago I saw a Waste Management truck from Blaine, huqe, the
largest I've ever seen, on 48th Ave. I was once told that an ordinary
garbage truck wears out a street 5,000 times quicker than a car. Do we
have any statistics on this? We will need more than infrastructure if
the size of these trucks continues to be as the one I saw. What can we
do about this, and how about the huge semis?
Response
I can't know how heavy the truck in question was; state law prohibits
such vehicles if they exceed 9,000 lbs. per axle, si I assume it did
not exceed that amount. Trucks of such weight are permitted on our
streets unless the street is posted for a lesser weight. 48th Ave.
is a 7 ton facility by design. If such vehicles were using 7 ton roads
with great frequency, they would certainly reduce the life of the road.
Occasional use would not - at least not more than delivery trucks, school
buses, etc. We have no data on the extra wear and tear of heavy vehicles
on specific type streets in Plymouth. Engineers no doubt have such data
for design purposes. About the only thing the City can do is post its
streets for vehicle load limits which prohibit "heavy" vehicles.
Jim Willis
October 9, 1986
f'
I '
CITY OF
PLYMOUTR
Ms. Diana L. Roswick
Assistant Vice President
Moody's Investors Service
99 Church Street
New York, N.Y. 10007
Dear Ms. Roswick:
On behalf of the staff and City Council, thank you and your staff for taking
time from your busy schedules to visit our community. As you could tell
from our meeting, we are quite proud of Plymouth. I hope that this visit
helped each of you to garner information important to you in making your
determination with respect to the City's bond rating. I know that you and
Bill Streeter have had the opportunity to meet with members of our staff in
the past and are probably more familiar with Plymouth than Steve Hochman. I
hope that the tour of our community helped to provide you with a more
personal understanding of Plymouth's physical features and development
profile.
I was particularly pleased that four of our five Council members were able
to attend the meeting and respond to your questions. If you have other
questions, please feel free to contact me at area code 612 - 377-0083. Any
other additional technical or financial information is available through our
City Manager, dim Willis.
Once again, I enjoyed your visit and look forward to working with you in the
future.
Sincerely,
4c..�az
�il Schneider
Mayor
VS:jm
cc: City Council
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
is
October 9, 1986 kX*�f
CITY OF
PLYMOUTR
Mr. Dave Olson
Executive Director
Twin West Chamber of Commerce
10550 Wayzata Blvd.
Woodside Office Park
Minnetonka, MN 55343
Dear Dave:
I just wanted to drop this note to thank you for attending the meeting with
Plymouth City Council and staff members and Moody Investors represen-
tatives. I believe that it is crucial that Moody representatives understand
that there is a strong business network in our area sponsored by the Twin
West Chamber of Commerce. I particularly appreciate your attendance as I
understand you had a tight schedule on the 9th. On behalf of the City
Council, thanks for your contribution toward making this meeting so
successful.
%-a
Sincerely,
sz�h
Virgil Sc neider
Mayor
VS:jm
cc: 'City Council
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
\S6_
October 9, 1986
Mr. Bob Kutchall
Ryan Construction
700 International Centre
900 Second Avenue So.
Minneapolis, MN 55402
Dear Bob:
�S
CITY OF
PLYMOUTH+
Thank you for taking time out of your busy schedule to attend the meeting
with Moody's at the Radisson Inn Plymouth. It is important that Moody's
representatives be aware of the strong commitment which firms such as Ryan
Construction have made in the City of Plymouth. Your attendance at the
meeting was the best demonstration that Plymouth has the good fortune of
attracting among the finest business interests in the area.
On behalf of myself and the City Council, thank you for your assistance. We
look forward to a continuing excellent relationship with you and Ryan
Construction Company.
Sincerely,g
Virgil chneider
Mayor
VS:jm
cc: -City Council
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559.2800
October 9, 1986
Mr. Alan W. Schackman
Vice President
Ryan Construction
700 International Centre
900 Second Avenue So.
Minneapolis, MN 55402
Dear Alan:
1
if
CITY OF
PUMOUTR
Thank you for taking time out of your busy schedule to attend the meeting
with Moody's at the Radisson Inn Plymouth. It is important that Moody's
representatives be aware of the strong commitment which firms such as Ryan
Construction have made in the City of Plymouth. Your attendance at the
meeting was the best demonstration that Plymouth has the good fortune of
attracting among the finest business interests in the area.
On behalf of myself and the City Council, thank you for your assistance. We
look forward to a continuing excellent relationship with you and Ryan
Construction Company.
Sincerely, `�KZ-X-kS's�r�
Virgil Schneider
Mayor
VS:jm
cc: .;City Council
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
October 9, 1986
Steve Apfelbacher
Holly Dougherty
Ehlers & Associates, Inc.
507 Marquette Avenue
Minneapolis, MN 55402
Dear Steve and Holly:
_ i E
if
f
CITY OF
PLYMOUTR
Thank you for making the arrangements for the October 9 Moody's visit. I
thought that the meeting went very well. I also understand that the bus
tour was very productive for the three Moody's representatives. On behalf
of the City Council, thanks again for your efforts in this regard.
Sincerely,
V gil Schneider
Mayor
VS:jm
cc: City Council
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
S i5b
wY
CITY O>
PLYMOu i t
October 14, 1986
Mr. James F. Pohtilla
17715 25th Avenue North
Plymouth, Minnesota 55447
Dear Mr. Pohtilla:
Thank you for your letter concerning the traffic problem on 25th Avenue
between Jewel Lane and Highway 101. Stationary radar assignments were
made on three different dates in the area that you are concerned about.
I have enclosed a copy of the results of this selective traffic enforce-
ment.
We will try to keep your area in mind when we utilize our uncommitted time.
In the meantime, if you notice that speeding continues to be a problem,
please feel free to contact me directly at 559-2800, Extension 350. If
needed, we will use selective enforcement again.
Thank you again for your letter.
Sincerely,
Richard J.�Carlqu' t
Public Safety Director
RJC:gs
Enclosure
cc: James G. Willis - City Manager
340r PLYMOUTH 5OULE %SPD PLYMOUTH. P.VN,JESOTA 55447 TELEPHONE (612) 559.2300
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: October 14, 1986
TO: Director Carlquist
FROM: D. Paul son
SUBJECT Selective Traffic Enforcement
(86-20) 25th Avenue North, Jewel Ln/St. Hwy 101
(30 MPH Zone)
Three stationary radar assignments have been completed in response to the
speeding complaint in this area. The assignments were made on three
different days and the results are as follows:
MPH
20/Less 20/25
26/30
31/35
36/40
41/45 46/50 51/55
10/09/86 -1500-1700
46/50
51/55
Cars/Misc.
04
32
Cars/Misc.
03
23
40
23
02 03
Trucks/Buses
00
00
00
00
00
10/10/86 -1500-1700
00
00
Cars/Misc.
03 24
76
68
01
02
Trucks/Buses
10/11/86 -1500-1800
Cars/Misc.
01 05
19
09
08
01 01 01
Trucks/Buses
Summary:
20/Less
20/25
26/30
31/35
36/40
41/45
46/50
51/55
Cars/Misc.
04
32
118
117
32
05
04
01
Trucks/Buses
00
00
00
00
00
00
00
00
20/Less 20/25 26/30 31/35 36/40 41/45 46/50 51/55
.01% .10% .38% .37% .10% .02% .01% -.01%
Time Expenditure (Hours): 06
Tags Issued: 10
October 1, 1986
Mr. Richard Carlquist
Chief of Police
City of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Dear Mr. Carlquist:
This letter is a request for your assistance in controlling a
speeding problem on 25th Avenue between Jewel Lane and Highway 101. On
Saturday evening, September 25, 1986, there was an accident which was
caused by speeding. Although the speed was excessive, it is by no means
unusual to observe automobiles traveling either East or West in excess of
the posted speed limit.
On several occasions I and other residents along 25th Avenue have
asked for and have received assistance from the police department in
providing a patrol car to issue tickets for speeding. However, the
effect is only temporary. It also appears that the addition of stop
signs on Olive Lane on the North and South sides of 25th Avenue have only
encouraged speeding by providing a through street for drivers.
I do not have any suggestions for a more permanent solution to the
problem, but would welcome any suggestion you might have. If it would be
of any assistance, I could provide a petition signed by the residents of
25th Avenue to be presented to the mayor and members of the city council.
Thank you for your attention to this matter and I am looking forward
to your reply.
Sincerely, .
ames F. Pohtilla
17715 - 25th Avenue
Plymouth, Minnesota 55447
� o►'th
idgd
carr ccnlcr
TO WHOM IT MAY CONCERN:
goon netGhooR
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RECEIVED
OCT 15 1996
CITY OF PLYMOUTH
For the past several months we have been working together toward the goal
of merging Good Neighbor and North Ridge. Such a merger would help both
organizations provide high quality care.
We must now advise you that for reasons beyond our control, the merger
will not be finalized. A new tax bill recently passed by Congress will
be signed into law, by President Reagan later this month. This bill has
had an immense impact on our prospective merger. Additionally, Good
Neighbor has been unable to obtain financing that is compatible with
Minnesota's property payment system. In short, changing factors create
enormous risks for both Norm Ridge and Good Neighbor.
We have developed great respect for each other and for our respective
organizations during the time in which we have been attempting to create
the merger. We are disappointed, but as separate entities working
together we intend to provide quality care and services to the senior
population of Minnesota.
GOOD NEIGHBOR
CITY OF PRIOR LAKE
October 9, 1986
Honorable Robert Schmitz
State Capitol
Room 235
St. Paul MN 55155
Re: MTC Transit Levy
Dear Senator Schmitz:
The MTC Regional Transit Board is allowed to certify a maximum transit
property tax levy of 2 mills. In 1985, the legislature adopted the "transit
tax feathering" statute for the purpose of equating the property tax levy
with the level of services each community actually receives. Under this
law, a full service community is levied the full 2 mills. A community
receiving full peak and limited off-peak is levied 1.5 mills or 25% less
and a com unity receiving only limited peak service, a 1.25 mill levy would
be applied which represents a 37.5% reduction.
Because Minnesota statutes allow an upward adjustment of assessed valuation
to account for homestead property recalculation, exempted personal property
and class 2 personal property, the original "two" mill levy climbs to over
three mills. In the case of Prior Lake, the 1986 levy before reduction was
3.297 mills. The State Department of Revenue then simply deducts .75 mills
to arrive at a net mill levy of 2.547 which relates to a 22.75% property
tax reduction instead of the full 37.5% as intended by the legislature. The
problem occurs when the Department of Revenue calculates revenue based upon
this increased "modified" mill and then feathers reductions by using the
municipal mill. This "apples and oranges" application is an inequitable
tax savings to the community and contrary to legislative intent.
We would appreciate your cooperation in communicating the City of Prior
Lake's concern to Commissioner Thomas Triplett, as we understand that he in
particular, is responsible for the Revenue Department's interpretation of
M.S. Section 473.446. If I can be of any further assistance, please direct
any comments or questions to my attention.
Sincerely,
Michael A. McGuire
City Manager
City of Prior Lake
(612) 447-4230 4629 DAKOTA STREET S.E. P.O. SOX 359
PRIOR LAKE, MINNESOTA 55372
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: October 14, 1986
TO: Assistant Fire Chief Ralph Begin
FROM: Richard J. Carlquist - Public Safety Director,/,
SUBJECT CHANGES IPJ INDEMNIFICATION FOR PUNITIVE DAMAGES OF -,MUNICIPAL EMPLOYEES
The City Manager indicated that you had some concerns regarding personal liability
issues when acting in the capacity of an Assistant Fire Chief. Your concerns have
recently been shared by many, including myself, relative to the security of one's
own personal assets.
For your information, under 1986 Minnesota laws, Chapter 455, Section 76, there
were changes made in the indemnification for punitive damages involving municipal
employees. The spark that seemed to ignite everyone's attention was the recent
decision of a U.S. Federal Court Jury in St. Paul involving the Plymouth Police
Department. In that case, $6,000.00 in punitive damages was levied against the
three police officers involved. Subsequent to the final decision in that matter
by the court, the award was amended to include no punitive damages and a total of
$9,000.00 compensatory damages. The circumstances that brought this particular
case to the forefront occurred approximately three years ago prior to the changes
in the indemnification statute.
For the past four weeks, I have been actively involved in contacting various
organizations and particular individuals with the objective in mind of changing
the 1986 law. Prior to the change, municipalities could cover their employees
for punitive damages if in the opinion of the council there was no malfeasance
in office or willful or wanton neglect of duty. Generally, if one were acting in
good faith and following department procedure, punitive claims would be covered
by one's employer i.e. the City of Plymouth. I have contacted Senator Luther's
staff (Senator Luther was the sponsor of the bill that included the punitive damage
change) regarding changing the law back to where it was. I have been assured that
language is being drafted to revise the statute in question. I have been put on a
mailing list to receive the revised bill once it has been formatted.
Also, I made a presentation to the Personnel and Public Safety Committee of the
League of Minnesota Cities on September 30th. The league's position has changed and
they indicated through their lobbyists that the proposed change in the indemnification
statute would again allow for discretion by the cities. In addition, the Minnesota
Police and Peace Officers Association, as well as the State Association of Minnesota
Police Chiefs, and the State Sheriffs Association, have all joined forces in lobbyino
a change. Hearsay sources tell me that the proposal to amend the indemnification
statute faces little opposition and has the verbal consent of the Governor at this
time to sign such a bill should it reach his desk. Other persons that I have talked
to indicated that the new amendment would include a retroactive provision to July 1st,
1986, which is the date that the new law came into effect.
Assistant Fire Chief Ralph Begin
October 14, 1986
Page Two
If you should have more concerns regarding personal liability in your employment
status with the City of Plymouth, please do not hesitate to contact me directly.
This is a complex situation and a brief memo on this topic does not do it fair
justice.
RJC:gs
cc: James G. Willis - City Manager
Lyle C. Robinson - Fire Chief
M E M 0
---------------------------------------
T0.
Mary Anderson Homes
Shenandoah Homeowners Association Officers
Plymouth City Council Members
First Federal S. & L. / Leader- Federal
Timberton Development Corp.
---------------------------------
FROM:
Roger Benson
12115 50th Ave N.
Plymouth, Mn. 55442
------------------------------------------------------
SUBJECT
SWIMMING POOL PROVIDED FOR THE RESIDENTS OF THE SHENANDOAH
TOWNHOUSES.
As a property owner of a unit in Shenandoah. I have recently learned
of a possible problem relative to the use of the Swimming Pool which
was built by Timberton Corp. for joint use by Shenandoah and
Timberton residents. It appears now that I may not be able to use
this facility due to disagreements between Shenandoah and Timberton.
I feel that I have a vested interest in the pool for the following
reasons.
1. I was told by the Mary Anderson Sales Rep that money was
set aside for eventual construction of the pool. This
statement was a material factor in my decision to purchase
the unit.
._. The pool issue was discussed at a public hearing before the
Council gave approval to the Timberton r_t.
�. ro e <-
, Its _� use
and maintenance was to be shared by the two associations
provided the Shenandoah homeowners voted to participate,
--
which we did do.
It appears now that Timberton has gone ahead without Shenandoah
involvment and constructed the pool too small for joint use and
isn't concerned whether we are i nvoved or not. in which case, our
money would revert back: to First Federal and we would be out.
If that happens, I intend to take legal action against the parties
involved. My viewpoint at this time is that the pool should be
reconstructed to appropriate size at Timberton ew ense and the
Shenandoah money applied as origionally intended.
-� CN ,
ROGER BENSON
Shenandoah Homeowner
CITY OF
PUMOUTR
October 15, 1986
Mr. Theodore J. Hoffman, P.E.
Chief Design Engineer
Henn, County Dept. of Transp.
320 Washington Avenue South
Hopkins, Minnesota 55343-8468
Subject: Agreement No. PW 51-17-86
C.S.A.H. 9, County Project 6901
City Project No. 642
Dear Ted:
I am returning herewith two copies of the Construction Cooperative Agreement
for the above referenced project. This Agreement has been signed on behalf of
the City of Plymouth by the Mayor and City Manager.
Also enclosed are two copies each of Resolution No. 86-679 and 86-680 approving
the Construction Cooperative Agreement and the plans and specifications for the
project. Please note in these resolutions the City Council made their approval
subject to two revisions by the Hennepin County Department of Transportation.
One condition is contained within each of the resolutions.
The approval of the plans and specifications for the project is subject to an
acceleration lane being added for traffic exiting French Regional Park and
turning to Westbound County Road 9. Because of the large volume of traffic
exiting this park at a nonsignalized intersection, it is the opinion of our
City Council that there should be an inside acceleration lane. Because of the
park usage a number of these vehicles will be towing boats. This is also the
only intersection along County Road 9 which will not have a traffic signal
constructed with the project.
The second condition established is with regard to the approval of the
Construction Cooperative Agreement and the provisions of turnback of the
existing County Road 9 to the City of Plymouth. In accordance with the
agreement the County plans to overlay the entire roadway with three inches of
bituminous. Because of the past performance of the roadway between Zachary
Lane and Revere Lane the City Council is very concerned that this may not be
adequate to provide us with a maintenance free roadway at the time of the
turnback. Presently this portion of County Road 9 has severe road surface
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
-�L- \ SZ, 5t
Mr. Theodore J. Hoffman, P.E.
October 15, 1986
Page Two
distresses during the freeze/thaw season. The City Council wants to be assured
that we will not be accepting a roadway which will continue to have these
severe problems. The intent of the condition of the City Council is that the
County must undertake the necessary reconstruction to eliminate these roadway
heaving/settlement conditions.
If you have any questions with regard to the conditions
Plymouth City Council, please don't hesitate to contact me.
working with the County for approximately twenty years on
improvement project and we are looking forward to the
completion of New County Road 9.
Sincerely,
Fred G. Moore, P.E.
Director of Public Works
FGM: du
Enclosures
cc: James G. Willis
of approval of the
The City has been
this proposed road
construction and
Craig Shaver
District 45A
Hennepin County
Committees:*
Environment and Natural Resources
General Legislation and Veterans Affairs
Taxes
October 9, 1986
Mzr. . Dave Crane
Plymouth City Council Member
5020 Forestview Lane
.Plymouth, MN 55442
Dear Dave:
Minnesota ' -` sr
House of
Representatives
David ".1 Jennings. Speaker
:ty understanding is that the City has a problem concerning
unemployment compensation benefits for part time, seasonal
workers.
Under the Minnesota Employment Security Act, an employee
who earns at least $103 in each of 15 different weeks during,
the last 52 week period is eligible to receive benefits.
Subject to this qualification, among others, individuals
are eligible to receive benefits regardless of any agreement
with their employer about the term of employment. Federal
law prohibits employees from surrendering their right to
unemployment benefits. As a result, the state could not
eliminate benefit eligibility following term employment.
In 1.986 Republicans in the House of Representatives initiated
legislation subsequently vetoed by the Governor which would
have addressed the term employment situation in three differ-
ent ways:
(1) Increased the qualification threshold from 15 to 20
weeks. This would have eliminated from eligibility
term employment relationships of less than 20 weeks
where the employee had not worked enough additional
weeks during the base period to qualify;
(2) Eliminated eligibility for seasonal- employees. Individu-
als who worked in a term employment relationship over
three consecutive years would no longer have been
eligible. This provision was removed from the bill
which the Governor vetoed;
(3) Reduced benefits to individuals who worked less than
50 weeks during the previous year.
Reply to, ❑ 331 State Office Building, St. Paul, Minnesota 55155
0 P.O. Box 61, Wayzata. Minnesota 55391 ��
=-ish.
Page 2
Shaver letter
October 9, 1986
I have thought about your situation and suggest several
alternatives to reduce your unemployment compensation burd-
ens. An employer who hires on a term basis can structure
his employment in a manner to reduce Unemployment Insurance
benefit exposure:
(1) Reduce the number of weeks worked to less than 15,
or reduce earnings to less than $103. Reducing the
number of weeks worked would only be effective if
the employee held no other employment during the year;
(2) Hire students during vacation periods. Under state
law, with limited exception, students who return to
school are not eligible for benefits;
(3) Find laid off employees suitable jobs. Once they
are employed, they are no longer eligible for benefits;
(4) Hire independent contractors. Independent contractors
are not eligible for benefits.
As your recently learned in the media, the Department of
Natural Resources has a problem with unemployment compensa-
tion, particularly in the Parks Division. UC benefits
comprise approximately five percent of the Division's total
outlays!
The reason I bring this up is to make it clear you are
not alone in this problem. It is unfortunate Governor
Perpich vetoed legislation which would have solved your
problem. My hat is off to you for attempting to find alternative
solutions.
I hone this is helpful.
further information.
Sincerely,
Craig Shaver
STATE REPRESENTATIVE
District 45A
CS/bb
Please contact me if I can provide
cc: Jim Willis, City Manager
October 10, 1986
Ms. Bea Gordan
Plymouth Historical
15530 County Road 9
Plymouth, MN 55446
Dear Ms. Gordan:
Society
rry-
CITY OF
PLYMOUTR
I am writing this letter both to respond to your inquiries to Sara McConn on
September 26, 1986, and to convey the City Council's action on your 1987
budget request.
In your telephone conversation with Sara, you asked that the light on the
backside of the Village Hall building be replaced as it has been broken, and
whether some form of protection could be placed over the light to prevent
continued damage. As I understand, this light was added by the Historical
Society for security purposes. As such, the Historical Society should
arrange for its repair and protection. I would agree that it would be
appropriate for you to find a means of protecting the bulb from vandalism.
The City Council has adopted a 1987 budget which includes an allocation for
the Plymouth Historical Society. The Council has approved an amount not to
exceed $3,545 for Village Hall maintenance expenditures for 1987 as follows:
Item
Amount
Sewer and Water $ 265.00
Heating Costs 2,100.00
Electricity 290.00
Telephone 465.00
Security System Monitor 425.00
TOTAL
$ 3,545.00
The Historical Society also requested a total of $10,250 as the City's 50-50
match towards the construction of a 24 x 36 storage building in 1987. The
City Council allocated $2,100 from the 1986 budget, plus $5,400 from the
1987 budget to provide a maximum $7,500 match from the City of Plymouth
toward the construction of your storage building and $250 maximum for
maintenance of existing buildings. As you know, this is a maximum amount
and any contributions made by the City are made on a 50-50 basis with the
Historical Society paying the total bill and the City reimbursing for
eligible expenses up to the maximum.
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
Bea Gordan
Plymouth Historical Society
October 10, 1986
Page two
Costs associated with Village Hall expenditures should be forwarded directly
to Dale Hahn, Finance Director. Your petition for development of the
storage facility should be submitted to Sara McConn, Community Development
Coordinator.
Given the magnitude of the Council's contribution to capital items this
year, they have expressed a desire to contribute in the coming years for
only village hall operating expenses and not capital outlays.
If you have any questions, please let me know.
Yours v tru y,
Frank Boyles
Assistant City Manager
FB:Jm
cc: Mayor & City Council
Historical Society file
Harvey Schiebe
Sara McConn, Community Development Coordinator
P.S. Fred Moore tells me that the street light which was shorting out has
been called into N.S.P. so that they can schedule it for repair.
October 13, 1986ff
j
CITY OF
PLYMOUTR
Mr. Bob Wiesman
Kentucky Municipal League
P.O. Box 22736
Lexington, Kentucky 40522
Dear Mr. Wiesman:
As you requested, I am attaching a copy of the Infrastructure Replacement
Reserve Fund Bill as adopted by the Minnesota Legislature in 1985 to become
effective August 1, 1986. I am also attaching a copy of our Mayor's message
advising Plymouth residents of the purpose of the bill and its potential
impact on them. This message was published in our duly, 1986 issue of
Plymouth on Parade, our community newsletter.
If you have any questions with respect to this information, please let me
know.
Yours very trul
Frank Boyles
Assistant City Manager
FB:Jm
attach
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
Asa26 Sec. (471.572) IINFRAgTxOCTORt --
! 27 FOND,) REPI,ACExENT RESERVE
I
28 Subdivision 1.
1 (DEFINITIONS.) For purposes of this
H.F.,yo, 2287 29 section the foll
30 owin terms have the meanin s iven:
"Reserve fund" means the infrastructure re lacement reserve
31 fund.
32 "Cit "
means a statutoryor home rule charter cit
33 Subd. 2.
(TAX LEVY•1 The governing body of a cit may
35 34 establish, b a two-thirds vote of all its members, b ordina
or rence
solution a reserve fund and ma annuall ley a ro ert
36 tax for the su rt of the fund. The roceeds of taxes levied
1 for its su rt mist be aid into the reserve fund.
2 revenue from a An other
source not reMired b law to be aid into
3 another fund for PurPoses other than those provided for the use
4 of the reserve fund ma be aid into the fund. A tax levied b
S the cit in accordance with this section is a s ecial ley
6 within the meaning of section 275.50
7 tax is levied under this section subdivision S. Before a
ci
tv must
8 official news a er of the cit an initial resolution authorizin
If within ten da s after the ublication a
10'
titis filed with the city clerk r
est in an election on
i 11 the tax lev -signed by a number of
aliffed voters reater than
12 ten ercent of
the number who voted in the cit at the last
13 teneral election the tax
ma not be levi
14 ed until the levyhas
been a roved b a ma'orit of the votes cast on it at a re ular
15 or scecial election
i 16 Subd. 3. [PURPOSES.] The reserve fund ma
I 17 the replacement of streets brid es curbs, be used onlyfor
!
utters and storm
18 sewers.
!
19 --Subd-_-4 - (OSE OF FUND
FOR A SPECIFIC PURPOSE
20 has established a reserve fund, it ma ') rf the city
21 re ular or s ecial electithe submit to the voters at a
on whether
22 fund should be restricted to a s ecificnimprovement use of the
T3 ca ital fm rovement. If a or t of
ma orit of the votes cast on the
24 cation are in favor of the limitation on the use of the
25 rtstrve fund it ma be used onl for the r
J26 the voters. sea roved b
VA
27 Subd. S. (HEARING; NOTICE.] A reserve fund may not be
28 established until after a public hearing is held on the
29 question Notice of the time, place, and purpose of the hearing
30 must be published for two successive weeks in the official
31 newspaper of the city. The second publication must be not later
I32 than seven days before the date of the hearing.
I33 Subd. 6. (TERMINATION OF PM.] The city may terminate a
34 reserve fund at any time in the same manner as the fund was
35 established Upon termination of the fund any balance is
36 irrevocably appropriated to the debt service fund of the city to
1 be used solely to reduce tax levies for or bonded indebtedness
2 of the city or, if the city has no bonded indebtedness, for
3 capital improvements authorized by this section. _
MAYOR'S MESSAGE
Dear Resident,
As a relatively young, growth oriented community, the major challenge facing
Plymoutn today is the installation of new infrastructure, i.e. streets, sewer and
water pipes and storm sewers. These facilities ore a precondition to continued
development in that they assure the delivery of public health and safety services
to our residents. Each piece of infrastructure also represents a liability since
eventually it will wear out and require replacement.
Plymouth has the unique opportunity to take fiscal action now to avoid the
problem facing aging communities who must replace infrastructure immediately
but have never set money aside for this purpose. To understand the dimensions
of the problem, the Council in 1984 commissioned Tischler and Associates to
prepare an estimate of the infrastructure replacement costs which the City can
expect in the next 15 years. The answer was a staggering $40.5 million, $31.3
million of which is required for street replacement. ,
As a result of this cost projection, during the last legislative session, Plymouth took
the initiative to prepare and submit a bill providing for the ability of municipalities
to develop infrastructure replacement reserve funds. The purpose of the fund in
Plymouth would be to provide a mechanism for the accumulation of money
each yecr to assist in financing the future replacement of streets, bridges, curbs,
gutters, and storm sewers. Through the combined efforts of our legislators and
others, the bill was adopted and will become law effective August 1.
To establish the Infrastructure Replacement Reserve Fund, the City Council must
conduct a public hearing, establish the fund, and authorize a tax levy for the
fund. Following adoption of the fund, the Council must publish official notice of
its intent to levy and the public has 10 days to submit a petition objecting to the
levy. in the absence of receiving a petition, the resolution and levy are certified
to the County. Once the fund is established, the Council may annually levy an
ad valorem tax (real estate tax) outside levy limitations to support the goals of
the fund.
In Plymouth the infrastructural Replacement Fund hearing is scheduled for August
18. None of us, least of all the City Council, desires any increase in property
taxes. But, as Plymouth residents, each of us is responsible for our community's
future
Sincerely,
Virgil Schneider
Mayor
U
Mark Your Calendar ........
School's Out or No More Shu
Capital Improvement Const-
Bossett Creek Improvements
Approved Developments ..
Development Signs ........ .
Rain, High Water Cause Prot
Minnesota Properly Tax Refur
Quartile ......................
Mobile Home Personal Prope
City Council Adopts Transient
Dogs in City Park Areas .....
Citizen's Crime Prevention NE
What is the Northwest Henne
Forestry — Trees of Plymouth
You Can Help Save MedicinE
Medicine Lake, Carp or Wali
Water Restriction in Effect .. .
Recycling Notes .. ........
In Case You Misplaced It — f
RECREATION PROGRAMS
Park Regulations ..............
Vandalism ....................
Senior Activities .............. .
Youth Activities .. ..... ......
Adult Activities and Trips.. .
Fitness Programs.. . .... .
Be A Sport! Activities for Men
For All Ages .......... . ..
Registration Information .....
SUBSC
The City of Plymouth mails its
and businesses. Non-residents
cost of postage. If you are in -
or by mail with the Park and R
559-2800 x 266.