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HomeMy WebLinkAboutCouncil Information Memorandum 12-06-1985CITY OF PLYM0UTFF CITY COUNCIL INFORMATIONAL MEMORANDUM December 6, 1985 UPCOMING MEETINGS AND EVENTS..... 1. BOARD OF ZONING ADJUSTMENT & APPEALS -- Monday, December 9. The Board of Zoning Adjustment and Appeals will meet in the Council Conference Room at 7:30 p.m. Agenda attached (M-1) 2. PARK AND RECREATION ADVISORY COMMISSION -- Thursday, December 12. The Park and Recreation Advisory Commission will meet in the City Council Chambers at 7:30 p.m. Agenda attached (M-2) 3. NEXT COUNCIL MEETING -- The next regular meeting of the City Council will be Monday, December 16. 4. SKIING IN PLYMOUTH -- Saturday, January 18. Attached is a copy of the flyer announcing the 8th annual Skiing in Plymouth event sponsored by the Plymouth Civic League. (M-4) FOR YOUR INFORMATION.... 0 1. ASSOCIATION OF METROPOLITAN MUNICIPALITIES (AMM) MEMBERSHIP GENERAL MEETING -- The AMM has scheduled a general membership meeting will be held Thursday, January 9, 1986 commencing at 7:00 p.m. in the Brooklyn Center Community Center. At this meeting, the Association will discuss and adopt an addendum to its 1985-1986 legislative policies and proposals. They will also be acting upon proposed amendments to the AMM bylaws. Copies of both are attached for your information. All Councilmembers are urged to attend this meeting as it will provide you with a good opportunity not only to meet other local elected officials, but also to discuss the legislative positions of the AMM. Please let Laurie know by December 16 if you will be able to attend. (I-1) 2. METROPOLITAN WASTE CONTROL COMMISSION (MWCC) SERVICE AVAILABILITY SAC CHARGE FOR 1986 -- I recently sent the Council information regarding a study undertaken by the Waste Control Commission dealing with its billing system. We have now been informed by the Commission that effective January 1, 1986, the SAC rate will be increased from $425 to $450. 3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 CITY COUNCIL INFORMATIONAL MEMORANDUM December 6, 1985 Page 2 3. PLYMOUTH METROLINK - NOVEMBER REPORT -- Show below is a table displaying our average daily ridership for the commuter/ reverse commuter, internal circulator and total system for each week of November. The second table displays the year to date averages in each service area compared with the target which we must achieve in order to have a successful project. MONTHLY PLYMOUTH METROLINK DAILY RIDERSHIP AVERAGES BY WEEK BY SERVICE TYPE NOVEMBER 1985 Total System SERVICE TYPE Commuter/ Internal Total TARGET 288 Reverse Commuter Circulator System WEEK OF: 100% 13.7% 11/1 - 11/2 284 43 327 11/3 - 11/9 334 75 409 11/10 - 11/16 311 52 363 11/17 - 11/23 339 47 386 11/23 - 11/30 288 70 358 ----------------- MONTH LONG ------------------ ------------- ---------------- AVERAGE 311 57 368 YEAR TO DATE Item Commuter/ Reverse Commuter Internal Circulator Total System YEAR TO DATE RIDERSHIP AVERAGE 305 51 356 TARGET 288 25 313 % OVER/(UNDER) TARGET 5.9% 100% 13.7% CITY COUNCIL INFORMATIONAL MEMORANDUM December 6, 1985 Page 3 A number of observations are in order: 1. Internal circulator ridership in November averaged 57 passengers per day. The average ridership for January was 51, February - 50, March - 56, April - 55, May - 36, June - 53, July 52, August 57, September 42, and October 55. 2. The commuter/ reverse commuter portion of the service averaged 311 persons per day in November. Commuter/ reverse commuter averages have been 307 for January, 292 - February, 311 - March, 295 - April, 298 - May, 314 - June, 297 - July, August - 292, September 322, and October 312. 3. Year to date averages are 305 for the commuter/reverse commuter, 51 for the internal circulator and 356 system -wide. Also, shown below is a third table which compares the daily ridership averages by month for calendar years 1984 and 1985. To date, the commuter/ reverse commuter portion of the service is averaging 6.3% above 1984 levels, the internal circulator ridership 42% above 1984, with 1985 total system averages 11% above 1984. DAILY RIDERSHIP AVERAGES BY MONTH FOR CALENDAR YEARS 1984 do 1985 SERVICE TYPE Commuter; Internal Total Reverse Commuter Circulator System MONTH: 1984 1985 1984 1985 1984 1985 January 330 307 21 51 351 358 February 310 292 25 50 335 342 March 307 311 25 56 332 367 April 301 295 27 55 331 350 May 295 298 27 36 322 334 June 276 314 41 53 317 367 July 277 297 42 52 319 349 August 266 292 47 57 313 349 September 275 322 32 42 307 364 October 276 312 36 55 312 367 November 271 311 35 57 306 368 December 265 39 304 YEAR LONG AVERAGE 287 305 36 51 321 356 CITY COUNCIL INFORMATIONAL MEMORANDUM December 6, 1985 Page 4 4. MINUTES: a. Board of Zoning Adjustments and Appeals, November 18, 1985 (I -4a) 5. CITY SNOWPLOWING PRACTICES -- Attached is a memorandum from Fred Moore explaining the City's snow removal and ice control policy. A map which shows snow plow routes is also attached for your information. The memorandum and map is provided to you so you may keep a copy at your home when receiving inquiries from residents. (I-5) 6. SNOWPLOWING DAMAGES QUESTIONNAIRE -- Recently the City of Roseville surveyed twelve metropolitan area cities, including Plymouth, regarding their policy on snowplowing damages. A copy of the survey results is attached for your information. (I-6) 7. POLICE -COMMUNITY RELATIONS -- Public Safety Director Carlquist has made available to all police personnel the attached article from the F.B.I. Law Enforcement Bulletin on police -community relations. pecifically, the article focuses on the City of Troy, New York and the study results of its 1973 department policy to provide a wide range of human services, many of which are unrelated to crime prevention and crime control, to its citizens. (I-7) 8. ACTION ALERT - LEAGUE OF MINNESOTA CITIES -- Attached is an "Action Alert" from the League of Minnesota Cities addressing a possible tax reform threat to tax-exempt status of municipal bonds. (I-8) 9. CORRESPONDENCE: a. Letter to Elliot Perovich, Chair, Regional Transit Board from Mayor Davenport and Mayor -Elect Virgil Schneider, conveying transit issues of concern to Plymouth. (I -9a) b. Letter from Bruce Anderson, Director of Parks and Recreation, City of Mounds View, providing the final nomination form and letters of recommendation submitted for Eric Blank's nomination for the hack Niles Award. (I -9b) c. Letter to Mayor and City Council from dames Bremer, 302 Zinnia Lane, stating concerns with the possible installation of a signal at the intersection of County Road 15 and County Road 61. (I -9c) d. Letter to Bill Crawford, MnDOT District Engineer, from City Manager, concerning the planned interchange at C.S.A.H. 6 and I-494 and MnDOT's share of funding for said interchange. (I -9d) CITY COUNCIL INFORMATIONAL MEMORANDUM December 6, 1985 Page 5 e. Letter to Mr. E. J. McConville, from City Manager, responding to Mr. McConville's December 2 letter to Hennepin County Commissioner Robb regarding the County Road 9 project. (I -9e) f. Letter to Mayor Davenport from W. Peter Enck, Chairman Bassett Creek Flood Control Commission. (I -9f) g. Letter to Gene Wills, Knights of Columbus, from Eric Blank, allowing the KC's to use Medicine Lake for an ice fishing contest on February 2. (I -9g) James G. Willis City Manager JGW: jm attach AGENDA Board of Zoning Adjustments and Appeals Monday, December 9, 1985 1 CALL TO ORDER_ 2. ROLL CALL 3. APPROVAL OF MINUTES 4. OLD BUSINESS WHERE: Plymouth City Center Council Chambers 3400 Plymouth Blvd. Plymouth, Minnesota 7:30 P.M. November 18, 1985 A. Erwin Stobbe. Variance from the minimum building front yard setback for property located north of 12000 23rd Avenue North (11-03-85). 5. NEW BUSINESS A. Wayne Jopp. Variance from the minimum Shoreland Management setback for property located south of 310 Sycamore Lane North (12-01-85). 6. OTHER BUSINESS 7. ADJOURNMENT C' `'-'�:L Regular Meeting of the Plymouth Park and Recreation Advisory Commission Thursday, December 12, 1985, 7:30 p.m. Plymouth City Center Council Chambers AGENDA 1. Call to Order 2. Approval of Minutes 3. Visitor Presentations 4. Report on Past Council Action a. Approved Wells Fargo Gamefield Grant for Zachary Park b. Approved Parkers Lake Phase I Construction Plan 5. Unfinished Business a. PRAC Education Session - Set Tentative Date b. Review Goals and Objectives for 1985 Annual Report C. d. 6. New Business a. Review 1985-86 Project Status Report and CIP b. Review List of New Revenue Producing Ideas c. d. 7. Commission Presentation 8. Staff Communication 9. Adjournment Next Meeting - January 9, 1986 T�•Si7:��j� ;stAl 1 4J� +�• a- q" Q f • `` � � ��ti r �' r' � � i �._C ►`�'G ,� �«� >t ,�. ;� ` (`INC ;'� 1 � �.. b'F•P� � �'.':,. 'Y � .? 4 'Fii�Y 'ah "X1 .rc i .' 3'+fi F� 1. •c B 4 .... � �, -. #,yam W .. �*r .!y -:: lR���� �,.sAr�.,y..t*.�gf�. ,✓ � � � iy a � �4l,� ,� .. t AL 4-40 044 � .07 xIF ,'} . r � t. `tw• fir; ;Y ---�. r."N�2-' f^�. rF w�._:- December 3, 1985 association of metropolitan municipalities MEETING NOTICE TO: AMM Member Cities FROM: Ja gScheibel, President AMM MEMBERSHIP GENERAL MEETING TO CONSIDER LEGISLATIVE POLICY AND BY-LAWS AMENDMENTS DATE: Thursday, January 9, 1986 TIME: 7:00 REGISTRATION AND REFRESHMENTS 7:30 BUSINESS MEETING COMMENCES LOCATION: Brooklyn Center Community Center Social Hall 6301 Shingle Creek Parkway (see map on otherside) Brooklyn Center, Minnesota AGENDA 1. Call to order. 2. Announcements and review of voting procedures. 3. Consideration of proposed By -Law Amendments. 4. Consideration and Adoption of the proposed new legislative policies and modifications to existing policies as recommended by the Legislative Policy Committees and as approved by the Board of Directors. 5. Other business. 6. Adjournment. PLEASE NOTE A. This notice is being mailed to Mayors, Manager/Administrators, and Delegates. B. Copies of the proposed Legislative Policies and proposed By -Law Amendments are being mailed to the Manager/Administrator for distribution to Mayors and Councilmembers. C. We strongly encourage each city to have one or more representative in attendance to cast your votes on these very important matters. 183 university avenue east, st. paul, minnesota 55101 (612) 227-5600 _ j = i---• _ s - -� ` f 9_-03 Aaswvw " _ .. we .' _ �1 ; ■'s ,,.. d -� " _ :°.-.-._._ =. 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L- �' ]'•�u•�♦ "�zlwr •- =r-� �3�-�y+.•r :ki♦ �_ _ _r�r:...- - I. f�s'i � j •� ! � f ` r � z •. -•[moi►ko ..mak � � - `Y'"-� r rv.a = l : i � ` � w•ks��� R�wr' � ��rl �l� w+Z� �r �s�•�-'z � . . M V1 �i � 1. 1{�. �.-. ,�� .�. -.J: - - .. _ + �1' �: - �•• '� I , Ix !ww - '•psi j � �_: .- ! _ r, �� � `< _ Is j •J�I.r `iiR _ F•e 7•[�v+rw"i.� (_ "i_•i�_'1 -_-_� wwi.M..-L-_�- a,w.w•. t ��J'l'1s]{ ry,.Iw -y _._.— � rr r _• w. r.�•ww i rw•+w I 1 R ■wr•.•IV '3 ��-VlM'gf' MN./.Q ••••,�.,0•F� •• �.�' r ti 4 - N r.•.yi rw � : "� d � � � .>r�c s.I++ ��Y� .. � �- t. }n, Od / i . •r i....•w... December 3, 1985 association of metropolitan municipalities Dear AMM Member City Official: Subject: Proposed Amendments to AMM By -Laws. Attached are several proposed amendments to the AMM By -Laws which are being sent to you for your review and consideration. The majority of these amendments were proposed by a Special By -Laws Committee which was appointed by the Board of Directors in June. When reviewing the proposed amendments developed by the committee, the Board decided to propose several additional "housekeeping type" of amendments to improve clarity and to eliminate redundant wording. Members of the By -Laws Committee were Pat Hoyt Neils, Plymouth Councilmember, who served as Chairperson and Bea Blomquist, Eagan Mayor, Jan Haugen, Shorewood Councilmember, Jim Lacina, W000dbury Administrator; Don Pauley, Mounds View Administrator, Neil Peterson, Bloomington Councilmember; Dennis Schneider, Fridley, Councilmember; Maureen Warren, St. Paul, Mayor's Office. The Committee and Board, in addition to the housekeeping amendments, are recommending that the AMM's fiscal year be changed from a June through May time period to a calendar year basis; reduce the maximum number from two to one of representatives from a single city allowed on the Executive Committee and reduce the maximum number from three to two of the representatives from a single class of cities allowed on the Executive Committee. The key to understanding the proposed amendments is: new wording is underlined and wording being deleted is erossed otrt. We hope that you will examine the and attend the membership meeting January 9, 1986 at 7:30 P.M. in Center Social Hall to consider By -Laws can only be amended by a membership meeting attended by a active AMM member cities. Respectfully, proposed amendments carefully which will be held Thursday, the Brooklyn Center Community these proposed amendments. The two-thirds majority vote at a t least 30 percent of the AMM By -Laws Committee and Board of Directors 183 university avenue east, st. paul, minnesota 55101 (612) 227-5600 Z-1 BY LAWS OF THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES Adopted: June 6, 1974 First Revision: May 19, 1976 Second Revision: January 5, 1978 Third Revision: May 24, 1979 Fourth Revision: May 28, 1981 Fifth Revision: December 30, 1981 Sixth Revision: May 26, 1983 - 1 - BY LAWS OF THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES ARTICLE 1. NAME SECTION 1. The name of the organization shall be the: ASSOCIATION OF METROPOLITAN MUNICIPALITIES SECTION 2. The prinicipal office of the organization shall be at a place in the Twin Cities' metropolitan area, as designated by the Board of Directors. The organization may have such other offices and may from time to time be designated by the Board of Directors. ARTICLE II DEFINIT101143 SECTION 1. The term "Association" shall mean the "Association of Metropolitan Municipalities" SECTION 2. The term "municipality" shall mean "city, village, borough, or town". SECTION 3. The term "Board" shall mean the "Board of Directors" of the Association. SECTION 4. The term "active member" shall mean any municipality whose sites are current. -2- ARTICLE III. PURPOSES The purposes of this organization shall be: 1. To effectively express in a united voice, policies concerning the structure, powers and other matters relating to municipal government for the municipalities in the metropolitan area. 2. To serve as a forum through which all municipalities or groups of municipalities may develop and propose policies and position on matters of concern to the metropolitan municipalities and develop strategies for advocating those policies and positions. 3. To serve as a forum for the interchange of ideas and information among municipalities in the metropolitan area and to foster intermunicipal cooperation. 4. To develop and provide, either alone or in concert with the League of Minnesota Cities or other organizations or agencies, programs of technical assistance to member municipalities. 5. To foster, generate a«dA promote information and data concerning the problems and issues affecting municipal government in the metropolitan area to the state legislature, in particular, and to the public at large. 6. To encourage the improvement of municipal government in the metropolitan area by holding conferences and by fostering pertinent research projects. 7. To work closely with the League of Minnesota cities in the interests of members of this Association of Metropolitan Municipalities. 8. To strive to make the metropolitan area and its component municipalities more efficient and progressive in the continuing task of making the quality of life as complete, satisfying and enriching as possible for all citizens. -3- ARTICLE IV. MEMBERSHIP ELIGIBILITY SECTION 1. ACTIVE. Z Any municipality within the jurisdiction of the Metropolitan Council of the Twin Cities' area is eligible for active membership in the Association. SECTION 2. ASSOCIATE MEMBERS. Any public official, upon application, approved by the Board of Directors, and upon payment of nominal dues, the amount of which is to be determined by the Board, -of- 4i-re�b-o�&, may become an associate Member. An Associate Member shall have the privilege of full participation in Association activities, but shall not have the right to vote at membership meetings or the right to membership upon the Board of Directors. ARTICLE V. DUES AND ASSESSMENTS SECTION 1. SCHEDULE. The annual active membership dues schedule shall be fixed by the Board e € D-ireeterms and shall be coordinated with the annual dues to the League of Minnesota Cities, and the schedule may provide for a minimum charge for each member. The total dues for each member shall be rounded to the nearest dollar. The dues shall be fixed by the Board of - in amounts which, together with other income and surplus funds, if any, are sufficient to finance the budget adopted by the Board. A change in dues schedule shall be made no later than dune- August 1 of the year �& wi4 e--irtr i-9 to-timaee 2rior to the effective change. SECTION 2. FAILURE TO PAY DUES. Dues shall be payable annually and will be billed to member cities in fume -January . Any member which has failed to pay its dues by the first of F eb merry Mav following the due date shall be stricken from the membership roll. Reinstatement shall be upon such terms and conditions as prescribed by the Board.e€ Any member may withdraw from, the organization upon payment of all dues to date and by notifying the Executive Director of the Association in writing. SECTION 3. SPECIAL ASSESSMENTS. Special assessments may be charged to a member municipality -4- or group of member municipalities for services received above and beyond normal membership services. Agreements to provide the services shall require the approval of the Board &f- and shall be administered by the Executive Director. SECTION 4. DUES APPROVAL. Any dues increase which would exceed the cost of living increase for the Minneapolis -St. Paul area as measured by the Consumer Price Index (CPI) for the proceding calendar year would require approval by the member municipalities. Such approval action would be conducted in the same manner as specified for amending these by-laws in Article XII, Section 1. ARTICLE VI. FISCAL REQUIREMENTS SECTION 1. BUDGET The Annual Budget shall be adopted by the Board e-€- 4�4•rree-tens. i -n- 4ay- by August 1 immediately preceding the fiscal year for which the budget is applicable. SECTION 2. FISCAL YEAR. The fiscal year of the Association shall be tTufke January_ 1 through to-H&y-- December 31. SECTION 3. AUDITS. The accounts and finances of the Association shall be post -audited annually. ARTICLE VII. OFFICERS SECTION 1. OFFICERS The officers of the Association shall be President, Vice President, 16 Directors and the immediate Past President, all of who shall together constitute the Board.-vf 4�i-r►ee tre ps. -5- SECTION 2. OFFICERS' TERMS. Officers shall be elected at the Annual Meeting of the Association and they shall take office June 1 following the Annual Meeting. The President and Vice -President shall each be elected annually for one-year terms, and the Directors shall be elected for two-year overlapping terms. Eight Directors elected in even numbered years and eight Directors elected in odd numbered years. The same person may not be elected to the office of President for more than two successive terms. The same person shall not be elected to the Board of Ri-pec*�6o-re-for more than two consecutive two year terms or serve more than five years if first appointed by the Board or elected at the Annual Meeting to fill a vacancy, unless elected to the presidency or vice-presidency. Except for cities of over 75,000 population, when a director or officer leaves the Board e€, 4�i-ree•troi-s-- for any reason, primary consideration for replacement will be given to member cities who have not been represented on the Board during the past 12 months. SECTION 3. ELIGIBILITY To be eligible to be elected and to serve or to continue to serve as an elective officer of the Association, a person shall be an elected official or full time employee of a member municipality. Any vacancy in an elective office shall be filled for the remainder of the term by the Board, -ef­ 4i-neet-&r­&-, except that a vacancy in the office of the President shall be filled for the remainder of the term by the succession of the Vice President, and except that a vacancy in the office of director occurring within 60 days prior to -em -111p, Annual Meeting and which term has more than one year remaining shall be filled by election at the Annual Meeting for the remainder of the term. The provisions of this section shall not apply to the office of the immediate past president. Any member of the Board -&f D+^e-e�-tei^g who is absent for three consecutive meetings or who is absent for any four regular meetings 4-c- aw}* ei;►e Ger ship ye-ar- during any consecutive 12 month period commencing June 1 shall be deemed to have resigned from the Board, and the vacancy filled as provided in this section. An -y eceu-Pr4n$- z s e• of t.h3 s a t t ett d$ ne e- Prov -i -s -i eqn need fro+- be- f+l+e d- by- anat4ei: af- trh - saroe SECTION 4. PRESIDENT. The President shall be Chairperson of the Board -941 D-i.PeQto-r,& and the Executive Committee. The President shall preside at all general membership meetings and all other meetings of the Association, hotlever, the President may designate an alternate to preside at any such meetings. The President shall appoint all committees established by the Board e -f or the By -Laws, subject to confirmation by the Board, e€ SECTION 5. VICE PRESIDENT. In the absence of the President, the Vice President shall act as President. SECTION 6. EXECUTIVE DIRECTOR. The Executive Director shall be the chief administrative officer of the Association, subject to the general supervision of the Board. a€-ieee-ps-, The Executive Director shall have the following duties for the Association: appoint employees and administer the office; prepare an annual budget of revenues and expenditures for the consideration of the Board -" &i-re-ct-ore and shall limit expenditures to the total budget approved by the Board of 4i-re•et-ere-; submit to the Board. e€ B -i -re -e!6 -e" and the membership an annual report of affairs, services and finances; have charge of the records, accounts and property; cause an official record of all meetings to be made; and act as Treasurer and handle all funds. The Executive Director and employees so designated by the Executive Director shall post a corporate surety bond at the Association expense. During state legislative sessions the Executive Director shall institute a system whereby member municipalities are alerted to introduced bills which affect municipalities and shall to the greatest extent possible relate the potential impact the bills could have on municipalities. ARTICLE VIII. BOARD OF DIRECTORS SECTION 1. The Board e€- H41 -e&;6 • shall consist of all officers of the Association. All classes of cities of the Association membership shall be represented on the Board. cf- Hire�tb'ra• Two directors shall be elected or appointed from each city of the first class, from the nominations submitted by the respective cities, and no more than one director shall be elected or appointed from a single city of any other class. The Board shall be responsible for the general management of the affairs of the Association, subject to the provisions of these By -Laws. The Board shall supervise the administration of the office of the Association by the Executive Director of the Association. It shall establish the positions and fix the rates of pay for employees of the Association. It may adopt such rules and regulations for the conduct of its business as shall be deemed advisable and may, in the execution of the powers granted, appoint such agents as it may consider necessary. SECTION 2. The Board af_ shall hold regular meetings at such times as may be determined by the Board. Special meetings may be called by the President or by any three members upon at least three days written notice to the Board members. SECTION 3. A quorum of the Board shall be ten members, including officers, and action by it shall require the favorable vote of a majority but not less than eight members. ARTICLE IX. COMMITTEES SECTION 1. The President, subject to the approval of the Board, o $i_+e"o.Ps_, shall annually appoint such standing, special, or subcommittees as may be required by the By -Laws, or as may be found necessary by the President. SECTION 2. EXECUTIVE COMMITTEE There shall be elected annually by the Board &f-- �-ireee vis four members thereof, who, with the President, Vice President, and Past President, shall constitute an Executive Committee. They may exercise the powers of the Board af-- Bir-eo-te-ra- as delegated by the Board when the Board e 4B4i-ee-ta-p&- is not in session, reporting to the Board e� P4Feo4o43-s- at its succeeding meeting any action taken. Five members shall constitute a quorum for the transaction of business. Representation on the Executive Committee shall be from all classes of cities, with no more than -tiro- one members- from any single city and no more than +h-ree two members from any single class of cities excluding the past President . Meetings may be called by the Chairman or by two of its members. SECTION 3. NOMINATING COMMITTEE. Not less than 60 days before the Annual Meeting of the Association, the President, with the approval of the Board, a B-iia-ee4oi-&, shall appoint a Nominating Committee of not less than five members. In making appointments to the Nominating Committee, the President shall make the committee representative of the entire metropolitan area with regard to both geographic area and population of the members. Members of the Board Gf- D4FLeo4oa& may serve or. the Nominating Committee. The committee shall nominate, in writing; candidates for election to the Board of - and and their recommendation shall be mailed with the notice of the annual meeting. In making nominations, the committee shall attempt to make the nominated slate representative of the entire metropolitan area with regard to geographic area and population of the members. At the Annual Meeting, additional candidates may be nominated by any member. ARTICLE X. MEETINGS SECTION 1. The Association ef- getrrape4A&r Ntir,+c"a+it-res shall hold an Annual Meeting in May as the Board may direct, At -3�-enst and may hold wee other regular or special meetings as may be called by the Board.e-fAll annual and other regular meetings of the Association shall be held at a location within the Twin Cities metropolitan area. Notice of all meetings shall be mailed to the administrative officer of each member municipality at least 10 days prior thereto. A quorum for any meeting is 20 percent of the pair active members, except that at a meeting at which the By -Laws are to be amended 30 percent of the Va4& antive members shall constitute a quorum. Each municipality shall designate a delegate and such alternates as it desires to represent it at all Association meetings and so notify the Association Executive Director in writing. In case of a dispute within a delegation as to its representation, the municipality involved shall determine its representative through its own procedures. Except on matters of legislation, each municipality represented at a meeting of the Association shall be entitled to one vote, which shall be the majority expression of delegates from that municipality. Action on legislative matters and on amending the By -Laws shall conform to the voting requirements set forth in Article XI on legislative procedure and Article XII on amendments to the By -Laws, respectively otherwise parliamentary procedure shall be according to Robert's Rule of Order. SECTION 2. The President, upon receipt of a written request signed by officials of at least 20 percent of the member municipalities, shall call a special membership meeting. The special meeting shall be held within twenty days following receipt of the request by the President. All matters as to meeting procedure and notice shall be as specified in Section 1 of this Article. -10- ARTICLE XI. LEGISLATIVE PROCEDURE SECTION 1. Except as otherwise provided in this Article, no official commitment shall be made by the Association on any proposed legislative matter unless itis pp aved by Board e� Bir-ec�t&ra- and is further app favorable vote of the delegates present and voting at the annual, regular or special meeting. SECTION 2. VOTING. The vote on any legislative matter shall be by acclamation; but at any time before the result of the vote is announced the chairman may, and shall, if requeseted to do so by five or more delegates present, submit the question under considertion to a vote by municipality, in which case each municipality shall be entitled to one vote plus one additional vote for each 50,000 population or major fraction thereof of the municipality above the initial 50,000 population, according to the most recent population estimate of the Metropolitan Council except when there is a more recent official census. Voting by proxy is not permitted, nor may any delegate cast more than one vote. SECTION 3. In lieu of approval at a meeting, an official commitment may be made by mail ballot on any subject of legislation when authoirized by the Board ef--D#rrec+o-r&. No commitments shall be made by mail ballot unless ballots are cast on the question by at least 20 percent of member municipalities through their legislative bodies and at least two-thirds of the municipalities voting approve the commitment. At least ten days shall elapse between the mailing of the blank ballots and the counting of the marked ballots. - 11 - SECTION 4 . Subjects of legislation shall be initiated either by the Board, ef- by the Council of any member municipality, or by group of member municipalities, or by the delegates at an annual, regular or special meeting. Each subject thus initiated shall, if possible and as directed by the Board ef- Bireo-tr�a-$ be referred to a study committee with staff support. The recommendation of the study committee shall be considered by the Board of Bi-rect,or-s before reference to the delegates for final action or before mail ballot is taken., SECTION 5. During a legislative session, the Board e-D4rec+-ers or Executive Committee, whichever urgency requires, may, by a two-thirds vote of its members, make a commitment on any bill then pending when the bill is of sufficient general municipal importance and urgency to require such action. A commitment adopted under this section shall be presented to the legislature as an Association Board or Executive Committee commitment and not an official commitment of the Association. ARTICLE XII. AMENDMENTS TO BY-LAWS SECTION 1. These By -Laws may be amended, repealed or alter,.�d, in whole or in part, at an annual, regular or special meeting by a two thirds vote of all municipalities voting, provided that the amendments have been mailed out to members at least seven days prior to the meeting and provided further that the amendments are not contradictory with the Constitution of the League of Minnesota Cities. -12- ARTICLE XIII. AFFILIATED ORGANIZATIONS SECTION 1. -- The Board af- may, on written application and subject to ratification at the next following meeting, recognize as affiliates of the Association ef- Met-ro-po+it�-an Mutt-ic-4p.e.14-twee- organizations whose membership consists predominat-ely of metropolitan area municipal officials or employees. The general purpose of such affiliations shall be to encourage maximum cooperation through the Association between the various municipal functions, between administrative departments and councils and between municipalities throughout the area. The Board may require for affiliate recognition such conditions as to activities, membership, and finances as it deems appropriate. The written request for affiliation should include a letter signed by the presiding officer which requests affiliation, a copy of the By -Laws, a membership list, a list of officers and directors, a description of activities and a copy of the current budget and financial statement. In no event shall recognized affiliates advocate legislative or other policies as Association e p9.e, ep�lta.n—r4itn-�e-i pal -Bess- proposals or policies, or mention their affiliation with the Association unless such proposals or policies have been approved through the procedure provided in Article X1. ARTICLE XIV DISSOLUTION SECTION 1. The Association shall use its funds only to accomplish the purposes and objectives specified in these By -Laws, and no part of funds shall inure, or be distributed, to the members of the Association except upon dissolution. On dissolution of the Association, any funds remaining shall b e d i s t r i b u t e d t o an-@ -o P. wo r_a. -v sg w.1 s-r_� ar$aA�i,&e 4. aon,4 q.u.a 1-i f -i ad -0 p- $ o,4 e -n n tae " -a sa oe i t o 4G- -be.- 1-he be•- the active members on a_ pro rata basis._ -13- Ll t association of metropolitan municipalities FOR CONSIDERATION BY THE ASSOCIATION MEMBERSHIP ON JANUARY 9, 1986 183 university avenue east, st. paul, minnesota 55101 (612) 227-5600 P R O P O S E D A D D E N D U M T 0 P O L I C I E S A N D LEGISLATIVE P ROP OSALS FOR CONSIDERATION BY THE ASSOCIATION MEMBERSHIP ON JANUARY 9, 1986 183 university avenue east, st. paul, minnesota 55101 (612) 227-5600 \fes association of metropolitan municipalities December 3, 1985 Dear AMM Member City Official: Attached are recommended policy additions and changes for the AMM 1986 Legislation package. Except where noted, all policy adopted last year for the 1985-1986 Legislative biennium is still in affect for 1986 and actions this year are in addendum to those of last year. The policies are separated into five sections representing the five standing committees. Each policy, following the title, has an indication of New, Additional, Delete, Replacement or Modification. New and Replacement are entirely new language. Delete has a single cross out to show complete deletion of existing language. Additional and Modification repeat existing policy language with the use of underlining for added language and dash marks over existing words which are to be deleted. There will be a meeting of all AMM member cities to discuss and vote on these recommended policies. The membership meeting will be held Thursday evening, January 9, 1986 at 7:30 P.M. at the Brooklyn Center Community Center in the Social Hall. The AMM Revenue Committee is meeting weekly to study and develop additional policy concerning Fiscal Disparities. Its action is expected to culminate in early to mid December, at which time, any policy recommendations will be forwarded to you. We hope that you will examine these proposed policies carefully and attend the membership meeting to provide your input in the AMM policy process. Respectfully, AMM Board of Directors 183 university avenue east, st. paul, minnesota 55101 (612) 227-5600 ,Z I N D E X PAGE NUMBER I. MUNICIPAL REVENUE AND TAXATION 1 - 2 II. GENERAL LEGISLATION 3 - 7 III. HOUSING IN THE METROPOLITAN AREA 8 - 14 IV. METROPOLITAN AREA ISSUES AND CONCERNS 15 - 18 V. TRANSPORTATION 19 - 20 I. MUNICIPAL REVENUES AND TAXATION PAGES 1 AND 2 I MUNICIPAL REVENUES AND TAXATION I -A-2 LEVY LIMIT INDEX (New Policy) The 1985 Legislature reversed the annual levy limit base increase index from the greater of the Implicit Price Deflator or 5°'0 to the lessor of these. For many years cities argued that the levy base increase should not be a flat percentage but be indexed to reflect cost of doing business. This is especially true since labor costs are 60 to 65 percent of the total municipal cost, yet because of the state PELRA laws control of wages and wage increases often is determined by outside arbitration. Also, during those years, of flat percent increase, many adjustments and gimmicks were needed to keep up but since.«,�,he adoption of the Implicit Price Deflator as an, index, this has not been the case and property tax increases have been reasonable. THE AMM URGES THE LEGISLATURE TO RESTORE THE ANNUAL LEVY BASE INCREASE TO THE IMPLICIT PRICE DEFLATOR OR 5% WHICHEVER IS GREATER. I -B-11 COMPARABLE WORTH AND FAIR LABOR STANDARDS LEVY BASE ADJUSTMENT (New Policy) Recent actions at the Federal and State levels concerning public employee compensation is having a significant affect on the ability of Minnesota cities to meet the increasing salary required to maintain current staffing levels. Implementation of Comparable Worth salary studies and compliance with the Fair Labor Standards Act per the Garcia decision may cause city payrolls to increase well above the percentage allowed by the restrictive 5% levy limitation imposed upon cities over 5000 population. Most cities budgets are 65% to 750A payroll related, therefore, labor related mandated increases above normal inflation can not be accommodated without service reductions in various sensitive public health and safety areas. THE AMM STRONGLY URGES THE LEGISLATURE TO PROVIDE LEVY BASE INCREASES TO COMPENSATE FOR MANDATED IMPLEMENTATION OF COMPARABLE WORTH AND COMPLIANCE WITH THE FAIR LABOR STANDARDS ACT. I -B-12 INFRASTRUCTURE REPLACEMENT SPECIAL LEVY (New Policy) The legislature has in the past, recognized the need for establishing special funds to ensure that local government infrastructure (roads, bridges, etc.) is maintained in a safe and usable manner by the creation of a Public Works Reserve Fund, Minnesota Statutes 471.57. However, this law was passed prior to the enactment of the very strict levy limitation law, Minn. Statute 275.50 which negates the ability to create such a fund. Many cities will soon be faced with the need to replace existing -1- facilities such as streets. This is very costly and based on recent trends may not be accomplishable under Minn. Statutes 429 which require at least a 20% assessment, since proving a benefit for assessment purposes in the courts has become much more difficult. Therefore, THE AMM REQUESTS THE LEGISLATURE TO MODIFY THE CURRENT PUBLIC WORKS RESERVE FUND TO BE A LEVY OUTSIDE OF THE 275.50 LEVY LIMITS OR TO CREATE A NEW SPECIAL LEVY TO ESTABLISH AN INFRASTRUCTURE REPLACEMENT RESERVE FUND. I -C-2 LCA ADMINISTRATIVE COSTS (New Policy) The 1985 legislature provided that a portion of the LGA fund be paid to the State Auditor and State Demographer for activities associated with local government. Although the amount of dollars involved is small, this sets a precedent that could lead to large allocations of aid funds in the future to fund normal state government operations and could affect all units of local government not just cities. THE AMM OPPOSES FUNDING STATE GOVERNMENT OPERATIONS FROM A PORTION OF AID ALLOCATIONS AND REQUESTS THE LEGISLATURE TO RESTORE THE LGA FUND MONIES TAKEN FOR THE OPERATIONS OF THE STATE AUDITOR AND STATE DEMOGRAPHER DEPARTMENTS. I -F-; 'TELEPHONE TAX FOR 911 (New Policy) The 1985 legislature enacted a tax on all telephone service to pay the state share of capital and trunk costs for the mandated 911 Emergency Telephone Service. As part of the 911 mandate, counties and local units had to pay equipment costs, line costs, and on going operating expenses from an already overburdened and limited general property tax levy. Unlike the state, local units do not have the authority to recover these ongoing costs. Therefore, THE AMM REQUESTS THE STATE LEGISLATURE TO INCREASE THE 911 TELEPHONE TAX TO PAY THE LOCAL SHARE FOR EQUIPMENT AND CONTINUING LINE COST. -2- 13 II. GENERAL LEGISLATION PAGES 3 THROUGH 7 II GENERAL LEGISLATION II -DATA PRIVACY AND OPEN MEETING (Additional Policy). II -N-1 CONSISTENCY OF DATA PRIVACY AND OPEN MEETING LAWS. Data privacy laws protect individuals from the release of information to the public which the legislature has deemed to be private or which could be unnecessarily harmful to the individual. On the other hand, the open meeting law prohibits local government units from holding closed sessions except when discussing pending or actual law suits with an attorney or labor negotiations., Unfortunately, many occasions have arisen in past years where local units in dealing with individuals or employee disciplinary matters have been forced to either violate the Data Privacy Statutes or the Open Meeting Statute in order to fairly resolve the issue. THE AMM REQUESTS THE LEGISLATURE TO MAKE THE DATA PRIVACY AND OPEN MEETING LAWS CONSISTENT SO THAT TO COMPLY WITH ONE LAW A CITY SHOULD NOT HAVE TO VIOLATE THE OTHER. THE AMM STRONGLY SUPPORTS LEGISLATION FAVORING DATA PRIVACY OVER OPEN MEETING WHERE CONFLICTS ARISE TO PROTECT THE EMPLOYEES RIGH OF CONFIDENTIALITY FOR PERSONAL AND PRIVATE DATA AS IS DONE IN THE PRIVATE SECTOR AND SECURED BY FEDERAL LAW. II -N-2 DISCOVERY PROCEDURES Section----! 3-.30 gf ic___.Governmcnt Data Practices Act attempts to Maintain the confidentiality of data_ used by public attorneys in preparation of litigation, subject to discovery procedures under court rules However, any data relating to litigation under the control of the responsible authority, other than the attorney, is subject to the provisions of The Government Data Practices Act. This provision allows an unfair advantage to persons suing municipalities by allowing them to avoid normal notice to municipal attorneys and the use of discovery in preparing their cases against the municipality. E AMM ADVOCATES AMENDING AT LITIGANTS WOULD BE RE OCEEDINGS WHERE LITIGATI NICIPALITIES, RATHER THAN TA TO LITIGATE AGAINST H TA PRACTICES ACT ._ HE GOVERNMEN ALLOWING A NICIPALITIE -3- T DATA PRACTICES ACT SO ZE NORMAL DISCOVERY NED OR PENDING AGAINST RSE PARTIES TO OBTAIN BY USING THE GOVERNMENT II -T PERA BENEFITS, FINANCING, AND ADMINISTRATION T-15 DEFINED CONTRIBUTION (New S ubpolicy) Defined contribution plans basically provide that an employee receives that amount that the employee and employer have contributed plus accrued interest at exit from public employment or retirement. The amount can be taken in lump sum or used to provide various annuity arrangements. It provides complete portability and certainty of ownership of the account which cannot be modified- by legislative acts. It resolves intergeneration fights and fights between current generation employees as well as forever resolving underfunding questions and ends pressures for political tinkering for various benefit modification. THE AMM SUPPORTS IN CONCEPT A CHANGE IN THE MEANS OF PROVIDING PENSIONS FOR NEW MINNESOTA PUBLIC EMPLOYEES FROM THE PRESENT DEFINED BENEFIT TYPE PLANS TO A SINGLE DEFINED CONTRIBUTION PLAN. CURRENT EMPLOYEES SHOULD BE GIVEN THE OPTION TO TRANSFER INTO THE NEW PLAN. HOWEVER, THE AMM WILL OPPOSE ANY SUCH LEGISLATION WHICH DOES NOT CONTAIN A CLEAR COMMITMENT BY THE STATE TO FUND ANY DEFICIT CREATED IN PRESENTLY EXISTING DEFINED BENEFIT PLANS RESULTING FROM THE TERMINATION OF THE ENTRY OF NEW MEMBERS, AND A MUNICIPAL CONTRIBUTION RATE THAT IS AS LOW OR LOWER THAN EMPLOYER CONTRIBUTION RATES TO EXISTING PLANS. II -U TORT LIABILITY LIMITS (delete for replacement) ing the 1983 legislative session, Tort liability limits for loc governments were increased from $100,000/$300,000 to $200,0 $600,000 as of August 1, 1984. Limits for Hazardous Waste di sal claims are $300,000/$600,000 and will be $400,000/$1, 000 effective August 1, 1984. During these discussions, the overnors office expressed a desire to remove Tort liability li Us altogether. If done, this could have a critical and disastr effect on city financing and property taxes. The cost of pr 'ding insurance for unlimited liability would be prohibitive and ca a long term unnecessary major property tax increase. Also, 'f a major claim were to be filed and supported through the judicial stem for a sum far in excess of what might be considered reasonable, local jurisdiction could literally be driven to financial ruin wi the taxpayers becoming liable for huge property tax payments. Un a private sector business, a city cannot merely declare bankru y and cease to exist. THE AMM CONSIDERS THE CURRENT TORT LIABILITY LIMITS A UATE TO SATISFY ANY REASONABLE CLAIM AND THEREFORE URGES THE LEGI TURE TO RETAIN THE LIMITS IN CURRENT LAW AND NOT CONSIDER UNLIM LIABILITY. -4- l II -U TORT LIABILITY LIMITS (Replacement Policy) The Municipal Tort Liability Act was enacted 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 tort 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. Cities in Minnesota are finding it increasingly difficult to obtain insurance at an affordable rate, if at all. Amendments in 1983 to increase the dollar amounts recoverable by plaintiffs were League supported and should be adequate to satisfy any reasonable claim. Further changes in the law should not be made until the Governor's Advisory Commission on State and Local Relations (ACSLR) completes its study of the insurance and liability crisis local and state governments face and makes recommendations for statutory changes to the legislature. THE AMM SUPPORTS THE CONTINUED EXISTENCE OF THE MUNICIPAL TORT LIABILITY ACT AND RECOMMENDS THAT THE LEGISLATURE REFRAIN FROM ANY AMENDMENTS OF THE ACT UNTIL THE GOVERNOR'S ADVISORY COMMISSION ON STATE AND LOCAL RELATIONS SUBMITS A RECOMMENDATION TO THE LEGISLATURE. FURTHER THE ACSLR STUDY SHOULD EXAMINE THE MERITS OF A UNIFORM TORT CLAIMS ACT APPLICABLE TO STATE AND LOCAL UNITS OF GOVERNMENT EQUALLY AS WELL AS OTHER CHANGES SUCH AS LIMITING JOINT AND SEVERAL LIABILITY. II X PLUMBING INSPECTIONS (New Policy) Currently plumbing inspections are being handling as a routine part of the overall inspections done through city Building Inspection Programs. No special requirements exist other than normal certification of the Building Inspector. Electrical inspections are done by State Electrical Inspectors. In 1985 the Senate passed and the House considered a bill to require plumbing inspections be done by licensed plumbers Where this is currently done, plumbing permit costs are significantly higher. THE AMM OPPOSES MANDATING BY THE STATE THAT ALL PLUMBING INSPECTIONS BE DONE BY LICENSED PLUMBERS AS UNNECESSARY AND OVERLY EXPENSIVE. THE AMM WOULD SUPPORT DEVELOPMENT OF AN APPROPRIATE PLUMBING INSPECTION TEST AND CERTIFICATION BY THE DEPARTMENT OF ADMINISTRATION FOR PLUMBERS AND/OR CURRENT BUILDING INSPECTORS IF THERE IS PROVIDED ADEQUATE TIME AND EDUCATIONAL OPPORTUNITY FOR -5- CURRENT INSPECTORS TO BECOME CERTIFIED. II -Y LAND SALES BY COMPETITIVE BID (New Policy) Legislation introduced in 1985 (HF 363, Zaffke, and SF 1289, Olson) would require that any land sold by a city would have to have three weeks published notice and sold at the most favorable bid to the city. All bids could be rejected. The bill did not consider development activities such as TIF, HUD, etc. or what happens if no bid is received. Nor did it consider cases where small or unbuildable parcels exist that should be handled through negotiated sales ----or trades with neighboring property owners. THE AMM OPPOSES IMPOSITION OF A MANDATED COMPETITIVE BIDDING PROCESS FOR SALE OF LAND BY CITIES. II -Z WINE IN GROCERY STORE (New Policy) Sale of wine in grocery or fast food stores would create many problems of control for local units of government since minors have a significantly higher employment rate in these establishments. A local option on sales is also unworkable, particularly where cities share borders and are densely located. THE AMM OPPOSES PROVISION FOR THE OFF -SALE OF WINE IN OTHER THAN LIQUOR STORES. II— AA CHARITABLE GAMBLING ENFORCEMENT FEES (New Policy) Since the establishment of the State Gambling Board and liberalization of charitable gambling permitted within various establishments, there has been a significant increase in local enforcement needs and costs. THE AMM URGES THE LEGISLATURE TO GAMBLING STATUTE TO PROVIDE LOCAL THE ANNUAL STATE PERMIT FEES AND A PROCEEDS FOR ENFORCEMENT PURPOSES. MODIFY THE CHARITABLE UNITS WITH A SHARE OF PORTION OF THE TAX Z � II -BB. ASSE.SSMEh h w Pclicy) The 1985 leg1sla:u, ..z:s till requiring the assessment amount of a par is parcel to be included in the individual notice of nearing, to the parcel owner. The law, also, may require eac parcel ane amount to be listed in the general notice of assessment hearing published in the legal newspaper. To publisl: eacr. parcel and assessment amount in the general notice is excessively costly and duplicative since individual notice! n th individual assessment amounts are sent. ` THE AMM URGES THE LECS'....RJRE TO MODIFY THE ASSESSMENT NOTICE STATUTE TO CLP:RI Y TEAT ONLY INDIVIDUAL NOTICES CONTAIN ASSESSMEF'--- ; ', i ' PARCEL AND THAT THE NOTICE OF ASSESSMENT HEARI:RC: LEGKL PUBLICATION CONTAIN THE OVERALL ASSESSMEK ,ja":: D:SCRIPTION AND OVERALL COST TO BE ASSESSED. _7- HOUSING IN THE METROPOLITAN AREA PAGES 8 THROUGH 14 HOUSING IN THE METROPOLITAN AREA HOUSING PROBLEM DEFINITION (policy Modification) Housing is a metropolitan problem of major proportions. According to demographic data compiled by the Metropolitan, Council, there is an estimated need for about 120,000 new housing units in the metropolitan area by 1995. A signif: Ent portion of these units (68,000) are needed for persons who cannot afford market rate housing. There are strong indications that under existing conditions, the total need for housing or the need of the lower income segment will not be met. In addition, there is an equally important problem of maintaining and re -using the existing housing stock effectively. Otherwise, more new housing will have to be produced to make up for unnecessary losses and there will be an under utilization of public service investments. The Federal and State Governments appear to be reducing their financial commitments to provide housing for low and moderate income persons and this will intensify the housing shortage problem for those unable to purchase or rent at market rates. It is also apparent that local units of government do not have the financial capability to assume the shortfall in Federal and State provided subsidies. The housing shortage problem for persons unable to afford market rate housing can only be solved if all levels of government and the private sector work together and if each contributes a fair share to the solution. Each level of government should contribute its fair share to help solve the problem and each level's contributions should be of the kind it is best suited to make. The Federal and State Levels should continue to provide most of the direct subsidies for low and moderate income persons. The Federal and State Governments also have the responsibility to improve the overall investment climate and to provide a tax climate in which the private sector can produce rental units that are affordable to low and moderate income households. The State should also grant local units of government the authority and flexibility to conduct the kind of housing programs that best meets their diverse needs. The Metropolitan Council should continue to place high priority zn .dawe1"p a &aal.as�.fc &,;M-Weiwnsitie housing, p 1 anL.1.� i or the Metropolitan Area tip Jd provide specific guidance to the public and private sectors so that both can make rational decisions relative to future housing needs. The council should continue to be agressive T- in seeking inovative wa s to create housing o ortunities for T Persons. 4b. a --k i JP.*e awsp.&&si6Jw1i44asof a." t6& "eta."" a..P ate.com*Jmex 6QA&Xi.6* 4e liy a r4 a;; s "m-- Local units of Government also have a strong role to play. Even though local land use controls constitute a small portion of the total cost of housing, local units should not set requirements which go beyond what is necessary for the protection of health, safety and welfare. Local units should also work with the private sector to make the best use of existing tools (revenue bonds, tax increment financing, etc.) to produce housing which, is more affordable. Finally, decision makers at all levels of government must become more cognizant of their actions, policies, and decisions which have an indirect but substantial impact on housing costs. Such actions, policies, and decisions may in themselves be worthwhile and beneficial but which do drive up the cost of housing. .RA£.E P• 6Ij. g Hfi *0 U,B J.N G. P -R A$ LAK F ill I W ON , W G AM )& ASB C"M" ➢i DPW q - III -A EXAMINE LOCAL REQUIREMENTS Local requirements constitute a very small portion of the total cost of producing housing, but all participants in the housing delivery system need to do -their part to hold costs down. COMMUNITIES SHOULD EXAMINE THEIR LOCAL REQUIREMENTS (LAND USE REGULATIONS, SUBDIVISION ORDINANCES, ETC.) TO SEE IF THESE REQUIREMENTS GO BEYOND WHAT IS NECESSARY FOR THE PROTECTION OF HEALTH, SAFETY, AND WELFARE, AND INHIBIT THE CONSTRUCTION OF IrA,3n &HLPL E'R AFFORDABLE HOUSING. MODIFICATIONS SHOULD BE MADE WHEN APPROPRIATE. III -4B PRACTICES WHICH INCREASE HOUSING COSTS Decision makers at various levels of government must become more cognizant of actions they take which have an indirect but substantial impact on housing costs. These actions in themselves may be worthwhile and beneficial, but when implemented result in increased housing costs. Examples of this type of action would include such things as the sewer availability charge, restricted growth policies, building and energy codes, environmental rules, etc. THE METROPOLITAN COUNCIL AND STATE AGENCIES SHOULD EXAMINE THEIR PRACTICES AND POLICIES TO DETERMINE PO IBL HIDDEN IMPACTS ON HOUSING COSTS OF SAID PRACTICES AND POLICIES NOT DIRECTLY RELATED TO HOUSING. CHANGES SHOULD BE MADE AS NECESSARY. so III -OC MANDATORY STANDARDS AND ALTERNATIVE HOUSING Mandatory, uniform land use standards for housing style and location would not be appropriate because of the great diversity among cities and differences within cities relative to state of development, topography, lot and dwelling sizes, the mix of housing values and costs, and the level of municipal services which are provided. Therefore, cities should retain the authority to regulate land uses, including the determination as to whether alternative housing, such as manufactured and accessory housing can be located in areas where other modes of housing have been established. Land use regulation is one of the tools city officials need to protect the health, safety, welfare, and interests of the city's residents. THE LEGISLATURE SHOULD NOT PASS LEGISLATION WHICH SETS MANDATORY ZONING AND SUBDIVISION STANDARDS OR WHICH REMOVES DDITIONAL LAND USE REGULATION AUTHORITY FROM LOCAL UNITS OF CITIES SHOULD RETAIN THE AUTHORITY TO REGULATE THE LOCATION, SIZE AMOUNT, AND TYPE OF HOUSING, INCLUDING MANUFACTURED AND ACCESSORY HOUSING, WITHIN THEIR BOUNDARIES. III.FPD FINANCING " D"A4m STATE AND REGIONAL HOUSING POLICIES T.tze a it y -" r v"S" s w44 -c h p r a h, i o Pe i d e"rb# mei prep a rbT am"en4.fir-&aco"d• 1a"cgeip�' bi�i-pro"rtj—t,a***m-de-not -pe 1abe- to .4.16�iaaAci" a -641i4* of-"h6--*rAa-pe*-%ry -own*4ae. Property taxes provide the major revenue source for most cities and redrrttile i& p rcp a a tay t"amae sa"a aaAL- aaw a 6" i 6y. to. pow w ooi d e oho u rds- d ke bo6sdL&g -#ro6&--mom irate moo& 04t4oc in the Metropolitan Area and the Minnesota property Tax System is one of the�t_ complex systems Unfortunately- rather then nimr,l{fv +►,e Legislature often times adds to the complexity of this system y changing a system to benefiE certain persons as a means to TE-plement or Finance state or regional social believes that the property tax system is not the annronriate mechanism to finance state or regional housing policies and goals. THE AMM OPPOSES THE USE OF THE -6OCAS. PROPERTY TAX SYSTEM &HWLr& NQZ &E -iS&D AS- T4E V"IG6E TO FINANCE OR IMPLEMENT fEDERItt, STATE OR REGIONAL HOUSING POLICIES OR GOALS. STATE AND/OR REGIONAL HOUSING POLICIES AND GOALS S FTNAN('FT) RY NON -PROPERTY TAX SOURCES. III-1DE RENEWAL OF FEDERAL AND STATE FUNDING The Federal and State levels of government have a broader and - i0- more diverse tax base than local units of government and should provide the necessary funding to fulfill their housing policy commitments to lower income persons. This funding commitment is needed to provide adequate housing for those persons unable to afford market rate housing. FEDERAL AND STATE FUNDING FOR HOUSING SHOULD BE INCREASED TO IMPLEMENT THE HOUSING POLICIES OF THOSE LEVELS AND MATCH THE NEEDS OF THOSE PERSONS REQUIRING ASSISTED HOUSING INCLUDING ASSISTANCE FOR RENOVATING AND REHABILITATING SUBSTANDARD HOUSING UNITS. -*Vt III -GF PROGRAM LATITUDE There is a tendency on the part of the Legislature when it provides funding to the Minnesota Housing Finance Agency (MHFA) or political subdivisions for housing programs to make sure it is a safe investment. The AMM does not disagree with the need to be prudent with public funding. However, the state guidelines and regulations sometimes are so stringent they inhibit inovation and render the programs inoperable. Also, at times the rules and regulations for programs administered locally, are more stringent and cumbersome than for similar programs administered through the MHFA. There is a need for creative and inovative programs to increase the production of housing for low and moderate income persons. THE LEGISLATURE WHEN PROVIDING FUNDING FOR THE DEVELOPMENT OF INOVATIVE AND CREATIVE PROGRAMS FOR THE PRODUCTION OF HOUSING FOR LOW AND MODERATE INCOME PERSONS SHOULD PROVIDE ENOUGH PROGRAM LATITUDE IN THE GUIDELINES AND REGULATIONS SO THAT THE PROGRAMS CAN BE TAILORED TO MEET THE NEEDS AND CIRCUMSTANCES OF A VARIETY OF SITUATIONS IN DIFFERING LOCALS. ALSO THE STATE GUIDELINES AND REGULATIONS SHOULD NOT BE MORE STRINGENT FOR PROGRAMS ADMINISTERED BY LOCAL UNITS AS OPPOSED TO PROGRAMS ADMINISTERED THROUGH STATE OR REGIONAL AGENCIES. III -4G AUTHORITY AND RESPONSIBILITY FOR LOCAL HOUSING PROGRAMS There is a great diversity among the cities area. Some cities need more housing for income persons while other cities need more and upper income persons. Cities should have promote whichever kind of housing is within and best interest of the city to do so. It that state and federal agencies cooperate developing workable programs to meet the cities. Cities need to have more control housing being developed if they are to the Metropolitan Land Planning Act. In a -11- in the metropolitan low and moderate housing for middle the authority to the public purpose is also important with cities in diverse needs of over the cost of meet the intent of practical sense municipalities, may be but it is preferable to statute specifically. in lieu of land, for be in addition to parks that would better enable aole .o require reduced cost housinZ, have this authority specified by Dedication would provide land, or cash housing needs and is not intended to dedication but a substitute for it if the city to meet its overall needs. CITIES SHOULD- BE GRANTED SUFFICIENT AUTHORITY AND FLEXIBILITY BY THE LEGISLATURE TO CONDUCT HOUSING PROGRAMS THAT MEET THE DIFFERING NEEDS OF DIVERSE CITIES AND THAT ENABLE CITIES TO COMPLY WITH THE METROPOLITAN LAND PLANNING ACT WHICH DIRECTS CITIES TO PROVIDE OPPORTUNITY FOR LOW AND MODERATE COST HOUSING. CITIES SHOULD BE ALLOWED, IF THEY DESIRE, TO REQUIRE LOWER COSTS HOUSING IN PROPOSED DEVELOPMENTS AND TO REQUIRE THE DEDICATION OF LAND OR CASH FOR LOW AND MODERATE INCOME HOUSING AS AN ALTERNATIVE TO THE REQUIRED DEDICATION FOR PARKS. ALSO, CITIES SHOULD HAVE THE AUTHORITY TO DEVELOP HOUSING FOR MIDDLE AND UPPER INCOME PERSONS IF THAT IS NEEDED TO ACHIEVE A BALANCED HOUSING STOCK.CITIES SHOULD CONTINUE TO HAVE AUTHORITY TO USE TAX INCREMENT FINANCING TO ACHIEVE ME HOUSING. III -H METROPOLITAN HRA (New Policy) ProvidinE housing assistance and affordable housing to low income persons is very important in the metropolitan area. The Metropolitan HRA was established in 1974 to assist local units in providing low income housing and works in cooperation with the local jurisdictions at their invitation. Federal funding for low income housing programs is likely to decline or to be eliminated entirely and it is important that the Metro HRA continue as an active viable partner with local units of government. THE AMM BELIEVES THAT THE EXISTING METRO HRA STRUCTURE WHEREBY THE METROPOLITAN COUNCIL IS THE METROPOLITAN HRA AND IS ASSISTED BY THE HRA ADVISORY COMMITTEE IS APPROPRIATE. WE ALSO BELIEVE THAT THE STATUTORY AUTHORITY OF THE METRO HRA SHOULD NOT BE INCREASED AS IT HAS SUFFICIENT TOOLS NOW TO MEET THE NEEDS OF THIS AREA. THE AMM WOULD OPPOSE CHANGES TO THE METRO HRA STRUCTURE WHICH WOULD RESULT IN AN INDEPENDENT OR SEMI-INDEPENDENT AGENCY WITH ITS OWN STAFF SIMILAR TO THE MWCC OR RTB. III -*I RENTAL HOUSING IN THE METROPOLITAN AREA (Modification) Rental housing plays an important role in the Twin Cities housing market. Approximately 35 per cent of the housing units in the Twin Cities region are rental units. Traditionally, -12- rental units have provided an affordable housing option for singles, young adults, young married, students, the elderly, and low and moderate income households. In reality, rental housing units serve a market much more diverse than that served by owner occupied units. Yet over the past several years a number of problems have developed in the rental market, including: 1. Production of new rental units has declined drastically as households are unable to afford the rents which must be charged to cover costs and financing. 2. Many households which in the past would have moved from rental to ownership status are unable to do so due to both the increased cost of housing units and high interest rates. 3.' The combination of few additions to the supply of rental units, increased competition for rental units, conversion of rental units to condominiums, increased operating costs, and general inflation has created a situation where many rental units are not an affordable option for low and moderate income households. 4. The supply of existing rental units, which is predominately efficiency and one bedroom units, does not adequately address the needs of families seeking rental units. Precisc;ly because rental housing serves so many diverse types of households and because the relative size of each category is changing the solution to these problems must be multifaceted. ALL LEVELS OF GOVERNMENT SHOULD BECOME INVOLVED TO SUCCESSFULLY ADDRESS THE PROBLEgr=E RENTAL MARKET. IN PARTICULAR, THE STATE AND FEDERAL GOVERNMENTS HAVE CRUCIAL ROLES IN IMPROVING THE OVERALL INVESTMENT CLIMATE SO THAT THE PRIVATE SECTOR CAN PRODUCE BOTH RENTAL AND OWNER OCCUPIED UNITS AND IN PROVIDING SUBSIDY FUNDS SO THAT LOW AND MODERATE HOUSEHOLDS CAN AFFORD DECENT RENTAL UNITS. POSSIBLE ACTIONS INCLUDE: MODIFYING FEDERAL AND STATE TAX •POLICIES TO IMPROVE THE OVERALL INVESTMENT CLIMATE FOR THE PRODUCTION AND MAINTENANCE OF RENTAL HOUSING. CONTINUING AND INCREASING THE LEVEL OF FUNDING AIMED AT GIVING LOW AND MODERATE INCOME FAMILIES ACCESS TO DECENT HOUSING. -13- CONTINUING PROGRAMS WHICH USE TAX EXEMPT BONDING TO CREATE BELOW MARKET RATE FUNDS FOR BOTH RENTAL AND OWNER OCCUPIED UNITS. CONTINUING PROGRAMS WHICH ALLOW REHABILITATION AND WEATHERIZATION PROGRAMS TO BE UTILIZED ON RENTAL UNITS. GRANTING LOCAL UNITS MORE AUTHORITY TO REGULATE THE CONVERSION OF RENTAL UNITS TO CONDOMINIUMS. -14- IV. Z � METROPOLITAN AREA ISSUES AND CONCERNS PAGES 15 THROUGH 18 IV METROPOLITAN AREA ISSUES AND CONCERNS -C-2 METROPOLITAN STRUCTURE AND STRUCTURAL RELATIONSHIPS (delete for replacement) The ucture of Metropolitan Governance that has evolved over the last years is basically satisfactory. The structure and relationshi between the Metropolitan Council and the various Metropolitan C issions and Agencies are not uniform and function determines form. or structural changes are not needed but the AMM does recommend wo minor but significant changes which should help to promo more effective communication and coordination of regional s vices. THE CHAIRPERSONS OF THE RE NAL TRANSIT BOARD AND THE METROPOLITAN WASTE CONTROL COMMIS N SHOULD BE APPOINTED BY THE METROPOLITAN COUNCIL RATHER THAN T GOVERNOR. THE METROPOLITAN COUNCIL SHOULD BE REQUIRE 0 REVIEW THE ANNUAL OPERATING BUDGETS OF THE RTB AND MWCC AND TO ROVIDE COMMENTS WITH RESPECT TO THE RESPONSIVENESS OF THESE GETS TO THE REGIONAL POLICY PLANS ADOPTED BY THE COU N FOR THOSE FUNCTIONS. IV- C-2 METROPOLITAN GOVERNANCE STRUCTURE (Replacement Policy) The Structure of Metropolitan Governance that has evolved in this Metropolitan area since the late 1960's has served the area well. The structure of the various Metropolitan Agcr.,::es and rommiceinns (MAC, MWCC, RTB, MPOSC, etc.) is not uniform nor is the relationship between these agencies and the Metropolitan Council uniform. Function has basically determined form and not form determining function. THE AMM DOES NOT BELIEVE THAT THE METROPOLITAN AGENCIES SHOULD NECESSARILY BE STRUCTURED UNIFORMALLY BUT THE AMM DOES BELIEVE THAT THE LEGISLATURE SHOULD CONDUCT A STUDY OF THE STRUCTURE OF THE MAC AND ITS RELATIONSHIP TO THE METROPOLITAN COUNCIL TO DETERMINE IF STRUCTURAL CHANGES WOULD ENHANCE AND IMPROVE REGIONAL PLANNING AND SERVICE DELIVERY. IV -D-1 LEGISLATIVE ACCOUNTABILITY (Policy Modification) The system of regional governance should be more accountable to the Legislature. The Metropolitan Council is in reality only accountable and responsive to the Governor who is elected on a state-wide basis. The Council, in turn, appoints the members of the RTB, MWCC and MPOSC. Consequently, these Agencies are further removed from the Legislature in terms of accountability. History has shown that by and large the Council and Regional Agencies members are appointed, reappointed or removed mostly on the basis -15- of political party affiliation. In theory, the Council and Commissions are also accountable to the Legislature, but the Legislature in recent years has shown little inclination to exercise its overview authority unless the Council or Agencies request increased funding or new funding authority. A) BUDGET AND REVENUE FORECASTING OVERSIGHT THE LEGISLATURE SHOULD REQUIRE THE COUNCIL AND REGIONAL AGENCIES TO PREPARE LONG RANGE BUD4E-T- FINANCIAL PROJECTIONS, IN ADDITION TO THE EXISTING REQUIREMENT OF ANNUAL OPERATING AND FIVE YEAR CAPITAL IMPROVEMENT BUDGETS. THE MEUOPOLITAN COUNCIL WOULD ASSEMBLE AND INTEGRATE THE SEPARATE AGENCY $iJ-HOE" PROJECTIONS INTO A SINGLE BUDGET- FINANCIAL DOCUMENT AND PREPARE SUMMARY AND OVERVIEW DOCUMENTS SHOWING AGGREGATE RESULTS AND MAKE A YEARLY REPORT TO THE LEGISLATURE AND PUBLIC. THE COUNCIL WOULD NOT BE GRANTED ANY APPROVAL AUTHORITY BEYOND WHAT IT NOW POSSESSES B) POLICY AND PROGRAM OVERSIGHT THE LEGISLATURE SHOULD REQUIRE THE METROPOLITAN COUNCIL AND REGIONAL AGENCIES TO MAKE A FORMAL REPORT AT THE BEGINNING OF EACH LEGISLATIVE SESSION WHICH FOCUSES ON THE MAJOR PROGRAMS, PLANS, ISSUES AND CONCERNS OF THE RESPECTIVE AGENCIES. THE REPORTS AS A MINIMUM WOULD IDENTIFY AND COMMENT ON NEW PROGRAMS; MAJOR CHANGES TO ON-GOING PROGRAMS; THE NEED FOR SAME; MAJOR PRIORITIES: MAJOR ACCOMPLISHMENTS SINCE THE PREVIOUS REPORT; AND DISCUSS REASONS FOR INCREASES IN USER FEES WHEN SUCH INCREASES EXCEED THE INFLATION RATES. THE LEGISLATURE SHOULD HOLD 'HEARINGS' ON SUCH REPORTS AND ALLOW FOR PUBLIC COMMENT. C) LEGISLATIVE FOCUS THE LEGISLATURE SHOULD ESTABLISH A CENTRAL POINT OF FOCUS WITHIN THE LEGISLATIVE STRUCTURE TO ENHANCE INCREASED ACCOUNTABILITY AND OVERSIGHT. -HFr RRE_r-£R*ER MFrTH9D #0%D- M T -e ESSTkBLk&H aTA*DI'Id'9 68MM49TS,SS 14 BETH 44OUSSS WWIGN F$CUS- ONj MSZRO"LIIAN—AF9"RSS "D. "54W-&- A4MH - C"GERNS OF ME-T-ROP6L-IT" @eVER+NANCR-. THIS CENTRAL POINT OF FOCUS COULD BE ACCOMPLISHED BY STANDING COMMITTEE IN BOTH HOUSES WHICH DEAL EXCLUSIVELY WITH METROPOLITAN AFFAIRS OR BY FORMING A PERMANENT JOINT METROPOLITAN LEGISLATIVE AF AIRS COMMISSION. IN EITHER CASE, ALL PROPOSED LEGISLATION PERTAINING TO THE AGENCIES OF METROPOLITAN GOVERNANCE WOULD BE REVIEWED tN "ElerE SBM14ITTEZ& AT THIS CENTRAL POINT IN ADDITION TO THE NEW ACTIVITIES SUGGESTED IN IV -D-1- -16- IV- D-2 PUBLIC ACCOUNTABILITY (Additional Policy) The Association also believes that the metropolitan agencies should be more accountable to the residents served by such agencies. Direct election of agency members might improve accountability but it would probably result in a general purpose metropolitan level of government which the AMM opposes. The AMM believes that a revised appointment process is necessary to enhance public accountability and responsiveness to the residents and local officials in the metropolitan area. A) THE LEGISLATURE SHOULD IMPROVE THE APPOINTMENT PROCESS FOR T'EMBERS OF THE METROPOLITAN COUNCIL AND THE MWCC, RTB AND MPOSC. THE APPOINTMENT PROCESS, AS A MINIMUM, SHOULD INCLUDE: A REQUIREMENT FOR A SPECIFIED FILING PERIOD FOR EACH VACANCY; A REQUIREMENT FOR AN ADEQUATELY NOTICED PUBLIC HEARING IN EACH DISTRICT FOR WHICH AN APPOINTMENT IS TO BE MADE INCLUDING CRITERIA FOR SELECTION, CANDIDATE NAMES AND QUALIFICATIONS; A REQUIRMENT THAT ONLY PERSONS WHO HAVE FILED DURING THE FILING PERIOD ARE ELIGIBLE FOR APPOINTMENT; AND A REQUIREMENT FOR MEANINGFUL INVOLVEMENT BY LOCAL OFFICIALS AND LEGISLATORS FROM THE DISTRICT IN WHICH THE APPOINTMENT IS TO BE MADE. LOCAL OFFICIALS SHOULD NOT BE PRECLUDED FROM SERVING ON THE METROPOLITAN COUNCIL. D 111L+ LJ L+V1V L(11 V+u - AUTHORITY OF THE CHAIRPERSONS OF THE RTB AND THE MWCC FROM THE GOVERNOR TO THE METROPOLITAN COUNCIL IV- COMPREHENSIVE PLANNING - ENVIRONMENTAL REVIEW PROCESS (delete replacement) Regional, sta and federal governmental levels require a variety of special-purp e and environmental reviews for propoesed developemnt projects. Each of these reviews represents a response to a perceived need or public concern. Environmental reviews can cause significant d which creates uncertainty and sometimes higher costs to developer and ultimately the consumer. The process of environm tal review can also be abused frivolously. Improvements have been made to simplify th state environmental review process, administered by the Environmen Quality Board (EQB). In 1976, the Environmental Assessment Works t (EAW) was introduced. To aid in determining whether a proposed tion has potential for significant environmental effects that would quire -17- y e thorough evaluation: of an Environmental Impact Statement (E In most cases, an EIS is not required, and the envir ental review process is complete when the EAW is cleared. A more r ent change has shifted the responsibility for most FIS preparatio to local units of government. We commend the Legislature a the EQB for taking these positive steps to simplify and st amline the environmental review process and further believe tha nother step would be to incorporate more of the environmental revi , process into the local planning process. Each metropolitan area munity must prepare a comprehensive plan; the local plan is n excellent vehicle for such an approach. THE AMM SUPPORTS THE CONCEPT OF ALLO G LOCAL COMPREHENSIVE PLANS AND ORDINANCES WHICH CONTAIN ACCEPTABL NVIRONMENTAL ELEMENTS TO BE USED TO SATISFY ENVIRONMENTAL ISSUES RESSED IN THE EAW AND EIS PROCESS. FURTHER, THE ENTIRE STATE'S EN ONMENTAL REGULATORY SYSTEM SHOULD BE STREAMLINED IN SUCH A MA R TO ENABLE A "ONE-STOP" PERMIT SYSTEM FOR ALL STATE PERMIT REQU MENTS. IV -G ENVIRONMENTAL REVIEW PROCESS (Replacement Policy) M.S. Chapter 116D sets forth the basic environmental review procedure for this state. Since environmental reviews can cause significant delay, create uncertainty for the developer, and add to project costs ultimately borne by the consumer; it is important that the review procedure be simple and straightforward and yet thorough enough to assure that all important issues and concerns are addressed. Improvements have been made in recent years by the Legislature and the Environmental Quality Board (EQB) to streamline the process and make it more difficult to abuse the process. We commend them for these positive improvements. THE AMM BELIEVES THAT AN APPROPRIATE BALANCE HAS BEEN STRUCK BETWEEN THE NEED TO PROTECT THE ENVIRONMENT AND THE DESIRE TO ENHANCE AND IMPROVE THE ECONOMIC CLIMATE WITH RESPECT TO DEVELOPMENT PROJECTS WITHIN THE STATES ENVIRONMENTAL REVIEW PROCEDURE (M.S. CHAPTER 116 D). NO SUBSTANTIAL CHANGES SHOULD BE MADE UNTIL THERE HAS BEEN SUFFICIENT EXPERIENCE TO DETERMINE IF CHANGES ARE NEEDED. v. TRANSPORTATION PAGES 19 THROUGH 20 V TRANSPORTATION V -N MTC MEMBERSHIP (NEW POLICY) The 1984 legislature created the Regional Transit Board, as a replacement for the then MTC which dealt with more than operations of the major public bus company, to separate transit alternative planning from bus company operations. In doing so the MTC was reduced from 8 members to 3 members, one each from Minneapolis, St. Paul, and the Suburbs. This arrangement has worked, but not as well as it could and it is not representative of the transit area population. THE AMM ENCOURAGES THE LEGISLATURE TO INCREASE MTC MEMBERSHIP TO FIVE BY ADDING TWO MORE SUBURBAN MEMBERS TO FACILITATE OPERATIONS AS A BOARD AND TO MORE EQUITABLY REPRESENT THE TRANSIT SERVICE AREA POPULATION. V-0 FEDERAL TRANSPORTATION FUNDS (NEW POLICY) The Federal Government has mandated that states move to a 21 year old age limit for legal purchase and consumption of alcoholic beverages by late 1986 or loose federal transportation funds. The AMM is concerned about using federal dollars as a type of blackmail or threat to accomplish nationally what should be 'state rights' decisions but will address that issue in another forum. The issue of what should be the legal drinking age is also of concern to many AMM members but is an issue more appropriately dealt with individually. However, the AMM cities are very concerned with any loss of federal dollars for much needed transportation programs in the Metropolitan area. Therefore: THE AMM ENCOURAGES THE LEGISLATURE TO ACT AS APPROPRIATE AND NECESSARY TO ENSURE THE CONTINUED FLOW OF FEDERAL TRANSPORTATION FUNDS TO THE STATE OF MINNESOTA. -19- V -P LARGE TRUCKS (NEN POLICY) The trucking industry has recently proposed to the state legislature allowing truck tractor and trailor combinations of up to 110 feet on Minnesota State Highways. Due to offtracking of rear wheels, acceleration distance needs, and time and distance required for safe passing, current legal lenrths are pushing the limit of safety and physical ability of our interstate and trunk highway systems. Longer tractor/ trailor combinations would only exacerbate these conditions beyond tolerable limits. To upgrade the HiEhway System to accommodate longer units would be very expensive reducing funding resources -for other much needed critical projects. Once allowed on the interstate and designated trunk route highways there would undoubtedly by pressure to provide access to various local areas which would be prohibitive in cost for local upgradin6 and unacceptable for safety, Therefore, THE AMM URGES THE LEGISLATURE TO NOT INCREASE TRUCK TRACTOR AND TRAILOR COMBINATION LENGTH LIMITS BEYOND CURRENT LIMITS DUE TO UNACCEPTABLE COST FOR HIGHWAY CONSTRUCTION AND FOR PROTECT ICON OF PUBLIC SAFETY. V -Q MANDATORY SEAT BELTS (NEW POLICY) Sufficient data exists to prove that wearing of seat belts would reduep traffic deaths considerably. - Although many view this issue as a personal decision that should not be mandated, there is a significant public as well as personal cost in the area of insurance and public safety and public .health needs. Therefore; THE AKH SUPPORTS MANDATORY REQUIREMENTS FOR WEARING OF SEAT BELTS TO REDUCE TRAFFIC DEATHS AND RELATED PUBLIC COSTS. V -R .MSA FUNDS FOR OPTICOM (NEW POLICY) Optical Command System, Opticom, equipment is used by Public Safety vehicles to change traffic signals from the vehicle while on an emergency .call. Opticom has proven successful in decreasing emergency vehicle intersection accidents and is in use in several metropolitan cities. However, it is expensive. Current MSA standards and regulations do not allow use of MSA funds for purchase of Opticom. THE AHM REQUESTS THE MSA SCREENING COMMITTEE TO ALLOW USE OF MSA HIGHWAY FUNDS FOR PURCHASE AND INSTALLATION OF OPTICOM SYSTEKS FOR TRAFFIC SIGNAL LIGHTS ON MSA STREETS. -20- THE CITY OF PLYMOUTH BOARD OF ZONING ADJUSTMENTS AND APPEALS November 18, 1985 The Regular Meeting of the Board of Zoning Adjustments and Appeals was called to order at 7:30 P.M. MEMBERS PRESENT: Chairman Marofsky, Commissioners Plufka, Bigelow, Musatto, Quass, Victor, and Cornelius STAFF PRESENT: Associate Planner Al Cottingham and Building Official Joe Ryan MINUTES MOTION was made by Commissioner Plufka, seconded by Commis- sioner Musatto to approve the October 14, 1985 Mirmtes as amended. VOTE. 7 Ayes. MOTION carried. NEW BUSINESS: Chairman Marofsky introduced the Board members and reviewed the variance criteria which the Board uses in determining whether a variance should be granted or denied. MINUTES OCTOBER 14, 1985 VOTE - MOTION CARRIED Chairman Marofsky introduced the request submitted by Joseph JOSEPH BERGLUND Berglund for a variance from the minimum front and side yard VARIANCE FROM FRONT setback requirements for property located at 2319 Kirkwood AND SIDE YARD SETBACK Lane as described in the November 12, 1985 staff report. AT 2319 KIRKWOOD LANE Mr. Berglund reviewed his request and explained that he understood that there were other possible locations in which to locate a detached structure; however, it would mean severe changes to his lot since the topography of this lot rises rapidly from the street. It would also mean the removal of a few trees in order to construct a garage. He reviewed the issue that if a road were brought in from his other front yard from Larch Lane, that this driveway access would be a severe down -hill to his garage and would make it very hazardous during the winter months. The Board inquired of Staff what were the possible locations Of a detached structure. Staff responded that the garage could be moved directly to the south and meet the setbacks but may require the removal of a tree or two and possibly some alterations to the topography in order to have an easy access into the garage. The Board inquired of Mr. Berglund if there had ever been a garage with this home. Mr. Berglund responded that at one time there was a small tuck -under garage that has been converted into a small family room. The Board discussed the design of this structure, the topography for other possible locations and access into a detached structure. They were concerned with the proposed roof line and design of the structure and the concern that a Page two '� -\� Board of Zoning Minutes November 18, 1985 future owner may choose to expand this structure upward and would not need a variance to do so. MOTION was made by Commissioner Quass, seconded by MOTION TO APPROVE Commissioner Musatto to approve the variance from the front and side yard setbacks for property located at 2319 Kirkwood Lane, for Joseph Berglund, subject to the conditions in the draft resolution. VOTE. 7 Ayes. MOTION carried. VOTE - MOTION CARRIED Chairman Marofsky introduced the request submitted by Robert ROBERT H. CHAPMAN H. Chapman for a variance from the minimum side yard setback VARIANCE FROM THE SIDE requirements for property located at 10877 South Shore YARD SETBACK AT 10877 Drive, as described in the November 12, 1985 staff report. SOUTH SHORE DRIVE Mr. Chapman reviewed the history of the old surveys that he had of this lot which showed the existing home five feet from the property line. The survey prepared for this application shows it setback 11.1 feet. Mr. Chapman questioned what difference it would make if the Board granted his variance and allowed him to construct the addition five feet from the property line since, that it was the assumed house location. He went on to review the layout of the home and how the proposed solar room would be accessed, and how it will help in heating his home during the winter months. The Board discussed other possible locations in order to maintain the required 10 foot side yard setback. They suggested shifting the 12 x 24 foot addition to the north to maintain the setback, or pivoting the addition by shortening the northern wall so that the addition would be parallel to the south property line. The Board discussed the type of solar system that Mr. Chapman proposed. Mr. Chapman stated that it would be a passive solar system and would provide 25% of his home heating. The Board questioned if there is a hardship, since an addition could be built within the Ordinance setbacks. Mr. Chapman stated that the cost of re -designing the addition and the construction of a different style is what creates the hardship. Mr. Chapman was informed that cost is not looked at as being a hardship. MOTION was made by Commissioner Cornelius, seconded by MOTION TO DENY Commissioner Victor to deny the variance from the side yard setback for property located at 10877 South Shore Drive, for Robert H. Chapman, for the reasons stated in the draft resolution. VOTE. 7 AYES. MOTION carried. VOTE - MOTION CARRIED Page three Board of Zoning Minutes November 18, 1985 Chairman Marofsky left the table on the next application, since there was a conflict of interest. Commissioner Victor would be the acting chair for this petition. Acting Chairman Victor introduced the request by Erwin Stobbe for a variance from the minimum front and rear yard setback requirements for property located north of 12300 23rd Avenue North as described in the November 12, 1985 staff report. Mr. Stobbe reviewed his request and stated that he would like to change the request to allow for a 20 foot front yard setback and thus would not need a variance for the rear yard setback. He submitted a petition to the Board with 26 signatures from residents in the area stating that they have no problems with the reduced setback. He did however have a list of five concerns from the two abutting property owners that he did address. He stated that it appeared the main concern was the proposed drainage of this site and how it would be handled by the construction of a retaining wall that would help to direct the flow of the water through a draintile system, to the south, to 23rd Avenue. Mr. ferry Murphy, 12030 23rd Avenue North stated that he was concerned with the proposed drainage of this lot and the effect on the roads in the area, considering that the intersection of 23rd and Jonquil Lane forms a small pond in front of his home. Due to the poor drainage of that area, the construction of a home on this lot, would add to that run-off problem. He also feels that this lot ;s too small to build on; he is concerned with the noise that would be generated from this home since this lot is elevated higher than his lot.He stated that if the Board did approve Mr. Stobbe's request, he would want the drainage system constructed before the house was allowed to begin construction. Mr. Sohn Ritter, 2320 Jonquil Lane North stated that he was also concerned with the affect of drainage on their property; also that this home would be in close proximity to his home. The Board addressed the concerns of Mr. Murphy and Mr. Ritter. In reference to Mr. Ritter's concern as to the closeness of this structure to his home, they noted that Mr. Stobbe could shift this house closer to the north property line than proposed. The Ordinance does allow for a 15 foot side yard setback and Mr. Stobbe is proposing a 21 foot side yard setback. The Board continued discussion as to the run-off from this site and questioned if a different design of home would create a lesser run-off. Staff commented there would still be impervious surfaces on this lot regardless if this home is two story or a split level and thus there would be run-off if a home is constructed. ERWIN STOBBE VARIANCE FROM THE FRONT AND REAR YARD SETBACKS AT NORTH OF 12300 23RD AVENUE NORTH ::�-L-- x--51 c" Page four Board of Zoning Minutes November 18, 1985 The Board discussed concerns with granting this variance prior to having a drainage plan approved by the City Engineer since this could create some problems in the furture. Mr. Stobbe stated that his Engineering firm feels that the Board could approve the request subject to a drainage plan being approve be the City. Chariman Marofsky returned to the table but did not participate in the discussion. Acting Chairman Victor noted that the Board had three options in which to deal with this proposal. Option #1: to approve the request based upon the conditions in the draft resolution, #2: deny the request for reasons, or #3: table the request seeking the information regarding the drainage at this site. MOTION by Commissioner Quass to approve the variance from MOTION TO APPROVE the front yard setback to allow for a 20 foot front yard setback and a 25 foot rear yard setback for property located north of 12300 23rd Avenue North for Erwin Stobbe subject to the conditions in the draft resolution. MOTION died for lack of a second. MOTION DIED MOTION was made by Commissioner Quass, seconded by MOTION TO DEFER Commissioner PLufka to defer action on this request until the December 9, 1985 meeting so that Mr. Stobbe could submit a grading plan to the City for approval. VOTE. 6 - 0. MOTION carried. ADJOUtNMFNT The meeting adjourned at 9:42 P.M. VOTE - MOTION CARRIED 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 18th day of November . 1985. The following members were present: Char iman Marofsky, Commissioners Plufka, Bigelow, Musatto, Quass, Victor, and Cornelius The following members were absent: None Commissioner Cornelius adoption: RESOLUTION NO. B 85 - introduced the following Resolution and moved its DENYING VARIANCE REQUEST FOR ROBERT H. CHAPMAN, 10877 SOUTH SHORE DRIVE (11-02-85) WHEREAS, Robert Chapman has requested approval of a 5 foot encroachment into the Ordinance side yard setback of 10 feet in order to construct a 12 x 24 ft. solar room onto his existing 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 deny the request for Robert Chapman, for a 5 foot variance to allow a 5 foot side yard setback for a 12 x 24 foot addition onto his home at 10877 South Shore Drive for the following reasons: 1. The variance criteria have not been met. 2. The improvement could be developed within Ordinance Standards. The motion for adoption of the foregoing Resolution was duly seconded by Commissioner Victor , and upon vote being taken thereon, the following voted in favor thereof: Chairman Marofsky, Commissioners Plufka, Bigelow, Musatto, Quass Victor, and Cornelius 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 18th day of November 1985. The following members were present: Chairman Marofsky, Commissioners Plufka, Bigelow, Musatto, Quass, Victor, and Cornlius The following members were absent: None Commissioner Quass introduced the following Resolution and moved its adoption: RESOLUTION NO. B 85 - APPROVING VARIANCE REQUEST FOR JOSEPH BERGLUND, 2319 KIRKWOOD LANE (11-01-85) WHEREAS, Joseph Berglund has requested approval of a 11.1 ft. encroachment into the Ordinance front yard setback of 35 feet an a 12.8 foot encroachment into the Ordinance side yard setback of 15 feet in order to construct an attached 24 x 24 ft. garage onto his existing 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 Joseph Berglund, for a 11.1 ft. variance to allow a 23.9 ft. front yard setback and a 12.8 foot variance to allow a 2.2 foot side yard setback for an attached 24 x24 foot garage at 2319 Kirkwood 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 Musatto , and upon vote being taken thereon, the following voted in favor thereof :Chairman Narofsky, Commissioners Plufka, Bigelow, Musatto, Quass, Victor, and Cornelius The following voted against or abstained: None Whereupon the Resolution was declared duly passed and adopted. SNOWPLOWING DAMAGES QUESTIONAIRE 1. Cities Completing the questioniare: Apple Valley Eagan Blaine Plymouth St. Louis Park Coon Rapids Burnsville West St. Paul Minnetonka Roseville New Hope Maple Grove 2. Does your City complete the snowplowing activity with: 3 4 a. City Staff 7 b. By Contract C. Combination of both 5 If a City Employee damages residential property, specifically mail boxes, while snowplowing, who is responsible for the repair or replacement? a. City will repair or replace 3 b. City will repair/replace only if mailbox is hit by plow 7 C. City will not repair/replace damages to mailboxes that sit in the right-of-way 1 d. City will repair/replace only if mailbox is hit by plow and was correctly installed. What set -back requirements, if any, has your City established to avoid damage to mail boxes? a. None 6 b. Cities with requirements 3 *Plymouth - restriction of mailboxes in right-of-way, see attachment A. *Burnsville - 42" high, front of box cannot extend past the front of the curb *Blaine - 45" high, front of box cannot extend past the front of the curb, see attachment B. *Minnetonka adopted Postal regulations on height 45-54", minimum length from post to front of box 36", see attachment C. *New Hope - one foot back from curb *Maple Grove - posts 3.5-4.5 ft. high, mailbox front in line with curb front. 5. How have setback requirements been enforced: a. NA: 8 b. On complaint basis: 1 C. By Postal Service: 1 d. Not enforced: 1 e. P.W. Employees or CSO complaints. 6. Comments? a. Fall survey conducted to identify existing damages or unstable mailboxes that may be affected by snowplowing and related snowbanks to support our disclaimer of liability if applicable. b. "This has not been a big problem". "Last year we 'took out' approximately 4U-50 total mailboxes." C. "We would like to do away with them." d. "Really have few problems." e. "We do not repair damage to lawn sprinkler heads within the ROW." f. "All in all, the system works adequately." 7. Copy of Results: Yes 8, No. 3. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55441 TELEPHONE (612) 559-2800 DATE: July 14, 1981 MEMO TO: Joe Ryan, Tom Vetsch FROM: Frank Boyles, Assistant City Manager SUBJECT: LANDSCAPING MATERIALS IN RIGHT-OF-WAY ADJACENT TO STREETS In the past, each of you have requested clarification about the City's policy with regard to landscaping materials being placed in street right-of-way particularly where it poses a hazard to street maintenance operations. This subject was discussed by the City Council at their July 7 meeting. After reviewing State Statutes and City Ordinance on this topic, the Council concluded that where landscaping materials were found in street right-of-ways, particularly those close to the curb line, the property owner should receive a letter from the City. The letter is to indicate that the City does not look favorably upon placement of such objects in the right-of-way. While the letter will not require removal, it will state that the City will not honor claims arising by virtue of damage to landscape materials caused by City equipment. At the same time, the resident will be reminded that the City reserves the right to bring notice of claim against the property owner in the event that City equipment is damaged as a result of improper placement of materials in the right-of-way. For your information, I am attaching a copy of the letter which will be used for this purpose. One letter has already been sent to the property owner at.12575.7 30th Avenue North. ' Pfease contact me if you have ary questions about this policy. FS -19 cc: J. Ko_1 sltad F. Mobtb A. Kleinbeck. 2 5/8" O.D. GALLA STEEL PIPE SE CONCRETE BASE A 44 a uk NOTE: FOR MULTIPLE MAILBOX INSTALLATION - MUST CONFORM TO UNITED STATES POST OFFICE SPECIFICATION MAILBOX DETAIL I ITS LIAL DAT E PLATE NO. 8LA 5G4 DATE . MAY 82 STATE OF MINNESOTA DEPARTMENT OF HIGHWAYS J, RECOMMENDED RURAL MAIL BOX SUPPORTS 10 TO 12' VARIES 7/' 6oNCRETF. dR 8►TVMI"US i 61&K -rep &URA .t, AEGON D Y ROS ND SERVICE ROADS ~ as WHERE POSSIBLE 5411 on )itd-. ate. X15" on RFD Rte. ,;tl ABLE WIDTH SHOULDER THIS 6PArr SHOUO FACILITATE IlALD & fclkFT TENANCE 64," 5441 OII utd, Its 450 on RFD ata GRAVEL OR EARTH SURFACE .v- - ,.y/ �is.s''�a %/�7�ir•Jr/.ry/ Y��� i i /.� //r+�'/ ��1�I 10' TO ue VARIES INSTALL TO ►IRm DEPTH -.X mlKiMUM .IRON rips Awn we ALTERN ,O ILeming =UN On uta. Routes y on AFD Routes -RMSED MARCR. 1966 i 1 CE CO. Hw. EIiCI11F,ER 1AU15 COUNTY MIRNESOTA IRoK Virg INSTALL Fla." DEP 9� !� ►{IWIM. WOOOE N 1oiT 0 INSTALt FIRM D 3' MI► DATE: TO: FROM: SUBJECT CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 November 27, 198 All Personnel Chief Carlquist Police -Com=ity Relations MEMO I have enclosed with this memo a recent publication from the F.B.I. Law Enforcement Bulletin concerning the above subject matter. It is a tremendous article. I want each and every one of you to take the time during your normal roll call period to read this study very carefully. You will find that assistance or appearance of assistance given to citizens by police officers is what the citizens appreciate most. Ii. U i AM It _ IN November 1985 1 Building Bridges Between Police and Public A 41 -year-old woman with an 11 th with the police before. Two officers By grade education living in a middle in- arrived in about 10 minutes, but I come neighborhood of Troy. NY. gave was very upset. They calmed me DOROTHY GUYOT, Ph.D. this reply when asked in a telephone down and said it wasn't unusual Research Director interview about the police service she and that 17 -year-old boys do that, Children's Evaluation and had received. and the majority of boys come Rehabilitation Center "Well, my son, he's 17. had supper home. They took all his friends' Albert Einstein College of Medicine with us and said he was going to names down. They asked what Don Bronx, NY the store—which would have been looked like and if he had been in 6:00. It's very unusual for Donny trouble before. They were great. not to come right back. We thought They were understanding. They maybe he visited a friend. but at made it seems like they were going 10:00 he still never came home. We to look for him. I was carrying on, were concerned, so we called the but they understood and tried to Troy police. I've never had contact calm me down. They made me feel November 1985 1 Dr. Guyct 2 FBI Law Enforcement Bulletin better by telling me this happens to other people." These officers are from a depart- ment of 120 officers and 20 nonsworn personnel serving an old industrial cl of 55.000 located on the east bank of the Hudson. When this mother called the police for the first time in her life, her son had been gone only 4 hours. How would she have felt if the depart- ment's policy had been to refuse miss- ing persons cases until 24 hours had elapsed? Such a policy. fairly common across the country, defines the solu- tion to the problem as the reappear- ance of the missing person. Since the missing person almost always turns up within a day, this view holds that police need not waste their time trying to rush an immediate solution to a problem that most likely will soon solve itself. However, this narrow focus on efficient task accomplishment completely ig- nores the overwhelming fear and help- lessness that parents may suffer when their child is missing. This mother clung to the reassurance in the offi- cers' careful checking on the boy's habits and their words, `The majority of boys come home." The leaders of the Troy Police De- partment view police -community rela- tions as individual relations. That is, at every encounter when individual citi- zens receive assistance from individ- ual police officers, the officers have an opportunity to build bridges between the police and the public. As officers help people solve their problems or at least live more comfortably with them, they establish the basis for future closer cooperation. -7 The most fundamental decisions for any work organization are selecting what goods and services it will pro- duce. For members, the strongest and most persistent incentives come from the nature of work. To the extent that leaders of service delivery agencies can decide what services to provide and who the clients will be, they can influence strongly the satisfactions which come from performing the work. The policy of the Troy Police De- partment since 1973 has been to pro- vide a wide range of human services, many of which are unrelated to crime prevention and crime control. The de- partment welcomes the fact that the 24-hour presence of police officers throughout the community gives them particular advantage as first re- sponders to a broad range of social and individual problems. This policy holds that real police work includes as- sisting the injured. rescuing victims, calming landlord -tenant disputes, qui- eting noisy kids hanging out on the corner, and helping in numerous other situations in which people are endan- gered or merely inconvenienced. In sum, officers in patrol are seen as the professionals who safeguard the health of the social body. As a department makes known its readiness to serve, calls for service in- crease. Within 2 years of the change in leadership, Troy's calls for service rose from about 300 a year for every 1,000 city residents to about 500. An inter- pretation of this rise is that initially. citi- zens had many unmet needs for police service. As citizens received prompt. helpful service in serious situations. they began calling about less serious crimes and less troublesome prob- lems. The department's index crimes increased simultaneously, reflecting largely a change in reporting. Police management need not fear an endless escalation in the number of minor inci- "... when individual citizens receive assistance from individual police officers, the officers have an opportunity to build bridges between the police and the public." dents brought to police attention. Calls for service in Troy leveled off in the mid -1970's and have continued to date at an annual average of over 450 per 1,000 residents. Throughout this pe- riod, about 65 percent of the depart- ments calls for service have been for incidents which are not crimes. A policy to respond to a wide vari- ety of needs among ordinary citizens differs greatly from a lack of policy that unthinkably sends officers on all sorts of ceremonial services and errands. Over a decade ago, the department terminated a number of ceremonial du- ties and protective services. In 1972. an estimated 6 percent of all calls had been to escort local merchants in mak- ing their bank deposits. The depart- ment discontinued merchant escorts because they could afford to employ private security services. The assign- ment of 18 officers to the polls on elec- tion day ended abruptly in 1973. and motorcycle escorts for funeral proces- sions had ended months earlier. In declining to provide various special services benefiting individuals and businesses. the department freed re- sources that could serve a greater number of citizens. Providing a broad range of serv- ices unrelated to crime appears to en- hance crime control in four different ways.' One means is early intervention in conflicts which could escalate into criminal attack if left unattended. Com- mon examples include neighborhood disputes, domestic disputes, and nui- sance complaints. Research in this area included the 1977 Police Founda- tion finding that homicides and aggra- vated assaults were often preceded by domestic disputes .2 A second means is through increasing officers' informa- tion which can be used in solving crimes. An information model of polic- ing suggests that officers in continual contact with citizens pick up facts and impressions useful in crime prevention and apprehension.3 A third means is to work with youths in trouble to steer them toward socially acceptable be- havior. William Muir. in Police: Street - corner Politicians. vividly describes an officer's success in getting youths to accept responsibility for their acts.° In- dividual officers have a rich store of recollections on how their personal rapport with citizens has enhanced Figure 1 their own effectiveness in crime con- trol. Rigorous research is now needed to test each of these contributions to crime control. A fourth basis for improved crime control occurs whenever officers render assistance to citizens, which re- sults in citizens getting to know officers personally and thus becoming more willing to get involved. In Troy the ef- fect of knowing police officers person- ally has been measured as it influ- Questions on Six Situations Where Citizens Could Cooperate in Crime Control In the last year, have you seen any children or teenagers damaging property, such as throwing rocks at cars, defacing signs. or breaking windows?. In the last year. did you see anything happen that you thought was against the law. a crime or probably a crime? (PROBE) Did you see somebody hurt somebody deliberately? Did you see somebody's property being taken or damaged? In the last year, did you see anything suspicious that made you think someone might be going to commit a crime? In the last year. did a police officer ask you about some trouble that had just happened? In the last year, did anyone in your neighborhood have an argument or fight that disturbed the peace? In the last year, have you been away from home for a few days? Percentage Proportion of those saying eyes" saying "yes" who took positive action 370o 65°a 13°o 57°o 13% 67% 15°o 97°o 22°0 52% 62% 75% This is the wording and order of the questions used in the survey. After individuals identified each op- portunity for action, they were asked whether they did anything. November 1985 3 ences the degree of citizen cooperation. A cross section of 950 residents over 13 years of age re- sponded in the Spring of 1978 to long telephone interviews asking about their contacts with officers.. their sense of safety, and their recent experiences with crime. The questionnaire asked whether the citizen had recently seen any of six crime -related situations and what they did about them. Figure 1 shows both the percentage of citizens who recalled each type of incident and the proportion who took some action on their own, with other citizens, or with the police. Over one-third of the citizens recalled witnessing some act of juvenile delinquency. while fewer re- called seeing a crime or a suspicious event. All together. only 46 percent of the population at large recalled seeing one of these three acts within the last year. An explanation why a somewhat smaller proportion took action over crimes than over kids doing damage and suspicious events is that most common occasions when citizens failed to call the police were minor— vandalism, speeding. running a stop sign. and smoking pot. These four types accounted for 60 percent of the crimes witnessed but unreported. As might be supposed. younger people witnessed crimes more often than their elders, men more than women. Boys ages 14 to 17 had most opportunity of all: 85 percent of them had seen at least one instance of de- structive acts by other teenagers, a crime occurring. or a suspicious event. The factor most clearly distinguishing boys who called the police from those who did not was knowing officers per- sonally. Fifteen out of the 18 boys who sought police assistance in stopping a crime or delinquent act knew at least two officers. Five boys who admitted doing nothing did not know any officer. 4 FBI Law Enforcement Bulletin Some insight into increasing citi- zen cooperation over a period of time can be obtained from the data depart- ments routinely collect in their records of calls for service. When people give their names to police operators. they expect to become Involved at least to the extent of giving additional informa- tion to the responding officer. Gener- ally, citizens are more willing to give their names in criminal Incidents because they expect to provide infor- mation for an official report. With non- criminal incidents. such as neighbor- hood disturbances. fewer are willing to identify themselves because they want to limit their involvement. Citizens can thus frustrate an officer who arrives at a scene and cannot locate a complainant. Citizen involvement has increased over the years as a sample of calls for service indicates. Between i972 anu 1975, the number of citizens identi- fying themselves when calling for serv- ice rose from 34 percent to 65 percent. By 1983, 79 percent of those calling the police gave their names. The pol- icy of the department is to encourage citizens to give their names. but not to demand a name from any caller who declines. Once police -community relations are viewed as the bedrock of police service, it becomes apparent that the organizational structure of a depart- ment is crucial to enhancing these relations. The practical methods of en- couraging officers to commit them- selves to quality service in noncriminal matters must begin with adequate staffing of patrol and must include steady platoon and zone assignments. If officers are shifted frequently from one patrol area to another. from one time of day to another, they will not be- come thoroughly familiar with any neighborhood. If the number of calls for service so overwhelm the available officers that they hurry without a break from one call to the next. the officers are likely to protect themselves from an unreasonable workload by giving cursory attention to some calls and then delay reporting their availability in order to create free time. With a patrol overload, the types of calls most likely to be disposed of quickly are so-called "low priority" calls. ones where no re- port is required. A study by an Indiana Universitv team. Patterns of Metropolitan Polic- ing. provides national figures from 80 metropolitan areas on patrol staffing. Their 1973 data on the number of offi- cers In the patrol divis,On on the street at 10 p.m. per 1,000 population dem- onstrate that the smaller the depart- ment. the greater the patrol density. Figure 2 shows that the Troy PD climbed from below average patrol density in 1970 to near the top of the range in 1984 without an expansion in sworn personnel. From the mid -1970 s through the early 1980 s. Troy staffing at 2.4 officers per 1,000 population has been above average for departments of its size. Now with a substantial in- crease in nonsworn positions. officer staffing is near average. The Troy Po- lice Department achieves a high den- sity of patrol coverage by creating a high proportion of patrol positions and allocating them by tour in accordance with workload. (See fig. 3.) As of 1985, the only support posi- tions held by a police officer are the warrant officer and one position per tour in the radio room. The major method for achieving high patrol cover- age is job enrichment for patrol offi- cers, resulting in a need for fewer spe- Figure 2 Adequacy of Patrol Staffing in Troy Compared to Municipal Departments in 80 Metropolitan Areas Agency Size, Number of Officers on the Number of Number of Sworn Officers Street per 1,000 Population agencies Median Range Troy, 1970 (124 fulltime officers) .19 1 Troy. 1973 (122) .20 1 Troy, 1984 (117) .29 1 Over 150 fulltime officers .23 .16 to .32 45 51 to 149 .25 .17 to .34 77 21 to 50 .31 .22 to .34 121 11 to 20 .35 .25 to .47 124 5 to 10 .42 .28 to .65 209 1 to 5 .62 .42 to 1.15 Definitions: For each of the 785 departments in the national study. a knowledgable commander in patrol estimated the number of officers of all ranks in the patrol division who were working on an average eve- ning at 10 p.m. in 1973 Sources Elinor Ostrom. Roger B Parks. and Gordon P Whitaker, Patterns of Metropolitan Policing (Cambridge. MA: Ballinger. 1978). The Troy figures for the third platoon in 1970 are computed by excluding desk sergeants and radio room officers, then taking 67 percent of the sergeants and police officers and reducing that number by 15 per- cent for vacation. sick leave. and personal days Tre 1973 figures are comparably derived. The 1984 are based on the staffing of squads 1 and 3 of the evening platoon, minus 15 percent for vacation. sick leave. and personal days. cialists. Thus, officers in the patrol division work as evidence technicians. perform all traffic control functions be- yond those provided by the meter at- tendants and crossing guards. and conduct full criminal investigations on midnights since no investigators are assigned to that tour. The squad system within the patrol division provides officers conti- nuity in their assignments, so that they have ample opportunity to learn the neighborhood they serve and its partic- ular character during their steady tour. An officer now serves for at least a year at a time in the same zone, on the same platoon, and in the same squad. With sufficient seniority, an officer may choose to continue indefinitely in the same zone. Only officers who have chosen to work squad 3 (which covers for squads 1 and 2 on their days off), or to work the "extra" positions, alter- nate their work among different neigh- borhoods. Figure 4 gives the patrol duty chart for police officers and ser- geants, which provide a simple pattern of consistent service to neighbor- hoods. These structures, which permit every patrol officer to relate to the citi- zens of his or her zone, are probably more important in encouraging quality service than explicit directives and exhortations. Departmental commendations do set an obvious standard of what is im- portant. The department gives awards of 1 or 2 days' leave to officers who save lives. Officers who rescue individ- uals from burning buildings, disarm mentally unbalanced individuals, or prevent suicides have received leave with pay. As for good arrests. the de- partment expects them as part of the job and takes note of an exceptionally fine arrest through a written commendation. The most direct and quickest source of praise is citizens who have seen officers performing quality work. Direct thanks and praise to the officer are important citizen contributions. The residential survey in Troy shore !hat a large variety of actions witnessed by citizens is considered praiseworthy by them. (See fig. 5.) Figure 3 7 Squad Chart Creating Consistent Working Conditions SMTWTFS SMTWTFS SMTWTFS SMTWTFS Squad 1 0 0 00 0 0 0 0 Squad 2 0 0 0 0 0 0 0 0 Squad 3 0 0 0 0 0 0 0 0 cycle starts over This duty chart is used by all police officers and sergeants in the patrol division. Four weeks are show, across the top of the diagram and each day off of the three squads is indicated with an 0. Squads 1 and 2 have steady beats, while an officer in squad 3 alternates to cover the beats of an individual apiece in squads 1 and 2 on days off. In each squad, a few officers hold "extra' and "relief" positions and are the ones whose assignments vary to cover positions of officers off on sick leave. vacations. and the like. Note that officers receive 2 days off within every calendar week and a weekend every third week. November 1985 5 ............. If 11 Az ............. If "Assistance of all types evoked admiration more frequently that excellence in criminal investigation." Assistance of all types evoked ad- miration more frequently than excel- lence in criminal investigation. Out of the 105 specific praises which are summarized in figure 5, only 12 con- cern crime control, while 93 are admi- ration in many other circumstances. Since the typical American image of police officers is that of protectors of citizens from criminal attack, it is inter- esting that citizens of one city praise police assistance far more frequently than they praise crime control actions. This finding from Troy is consistent with research results obtained by Indiana University in 24 jurisdictions in the Rochester. NY. St. Louis, MO, and Tampa. FL, areas, which revealed that citizens were more satisfied with serv- ice in noncriminal situations than in criminal ones.5 Thus, an added benefit of devoting police resources to serv- ices unrelated to crime control is to build citizen goodwill. If broad cate- gories of assistance were cut back in order to increase crime control efforts, the department would be paring down of the kinds of services which citizens appreciate most. In Troy, citizens pass praises among themselves much more often than giving them directly to officers. Only about 45 percent of the citizens who witnessed praiseworthy actions took the step of expressing their ap- preciation directly to the officers in- volved. For every time that an officer received words of praise, citizens were likely to have told 10 friends. Thus, a department can be gaining an excel- lent reputation among citizens, yet offi- cers may seldom experience praises. Figure 4 Troy Police Manning Patterns -1977 thru 1985 Police Officers Authorized Strength Police Officer in Field Assignments % of Actual Police BID PERIOD Total Police Officer Actual Patrol Investigation Officers in Field (Bid Positions) Spring '77 132 88 84 67 4 84.5% Fall '77 136 92 82 71 1 87.8 Spring '78 134 91 88 61 0 69.3 Fall '78 136 93 90 78 2 88.9 Spring '79 136 93 92 77 2 85.9 Fall '79 131 89 84 72 2 88.1 Spring '80 130 86 78 63 11 94.9 Fall '80 130 86 82 60 12 87.8 Spring '81 130 86 82 60 12 87.8 Fall '81 130 86 79 60 9 87.3 Spring '82 130 86 78 66 8 94.9 Fall '82 130 86 75 63 8 94.7 Spring '83 123 83 72 61 7 94.4 Fall '83 123 88 78 66 7 93.4 1984 123 88 75 67 8 89.3 1985 123 88 83 70 8 93.4 Data Source: Table of Organization. November 1985 7 Sometimes words of praise return to officers at unexpected times. An offi- cer who chose to serve in the neigh- borhood where he lived as a child. the poorest section of town, used these words to describe his work: "One family where I had been perhaps ten times Is a common law couple. who live in the projects. One evening. they were in the midst of a particularly bad family dispute. The 7 -year-old son was taking in every move they made. It took me a long time. but eventually they came to a peaceable understanding. Some weeks afterwards. I went to lunch at the local convenience store. As I walked in the door, the kid sang out to friends, "There's Sam. There's Sam." He was dirty with summer sweat on his face. a runny nose. shining eyes. and a big grin. He was so cute he was ador- able. I said. -How are you. pal?" He came right up to me. "Know what. Mister? When I grow up I want to be just like you. - 8 FBI Law Enforcement Bulletin Figure 5 --- Footnotes Stephen Mastrofsk! The Police and Non-Cr:me Services, eds. Gordon P Wntaxe, and Chanes Daoa Phillips. Evaluation of Performance of Criminal Justice Agenciescriminal justice system annuals. no 19 IBeve'y Hills Sage Press. 19831 pp 33--61 Mane Wilt, James Bannon. Ronald K. Breedlove. John W. Kenntsh. Donald M Sandker. and Robes K Sawtell_ Domestic Violence and the Police Srud,e� r Detroit and Kansas City (Washington. Police Fc-nda!1or 1977) 'James M Edgar. -Information liv i Policing—A Design lot Systematic Use of Cnm,nal Inteliiaence in a Team Policing Operator %, Pace Sae^ce and Adm^st,affor. vol. S. Ns , Septemoe! '977 272-284 'Wmiam Ker Muir. Jr Po:,ce Sneerem�, Pohhc,ars :Chicago University of Chcage Press 1977 Cr 8 SMastrolsk,. supra note 1 Specific Police Services Praised by 114 Citizens Type of Action Assistance Resolving conflicts Helping people who cannot care for themselves: Children, aged, intoxicated After medical and fire emergencies Other help Facilitating Traffic Individual drivers and pedestrians General flow Stopping dangerous drivers Saving Lives Medical emergency Fire rescue From other physical danger Crime Control Investigation Assisting victims Crime prevention Generally good work Total Number of Citizens Praising that Action 35 13 11 5 6 31 22 7 2 22 10 9 3 17 12 3 2 9 114 league TO: MAYORS, MANAGERS, CLERKS minnesota November 26, 1985 FROM: Ann Higgins, Staff Associate SUBJECT: TAX REFORM THREAT TO TAX-EXEMPT STATUS OF MUNICIPAL BONDS AUTHORITY TO ISSUE TAX-EXEMPT BONDS UNDER IMMEDIATE THREAT Chances are growing that Congress may impose severe restrictions on traditional uses of municipal bonds. Action by the House Ways and Means Committee this past weekend signals that House action can be anticipated soon. Please contact members of the Minnesota Congressional Delegation (list attached) immediately. Indicate your opposition to the proposed sweeping limits and restrictions on cities' authority to issue municipal bonds. SECRECY SURROUNDS DETAILS OF HOUSE COMMITTEE ACTION Because Congress is not subject to open meeting requirements, the currently proposed proposed limits on local tax-exempt financings are the result of closed committee sessions. Actual legislative language for these proposals is not yet available. Therefore, the information in the media or provided informally by committee staff or members serves as the basis for much of what can now be reported. USE AND LOAN TESTS MAY ELIMINATE TAX-EXEMPT STATUS OF MANY PUBLIC IMPROVEMENT BONDS AND LEAD TO MORE COSTS FOR CITIES It must be clearly understood that proposed federal tax reform legislation now contains provisions that seriously threaten the continued use of tax-exempt bonds for public improvements. According to the actions of the House Ways and Means Committee, bonds issued by state and local government are governmental - and therefore tax exempt -only if less than 10 percent of the bond proceeds (or $10 million, whichever is less) is used by a trade or business and no more than 5 percent (or $5 million, whichever is less) of the proceeds is loaned to a trade or business. It means that cities (as well as other state and local units of government) will be able to issue tax-exempt bonds only as long as these use limits or "tests" are not exceeded. 1 80 university avenue east, st. paul, minnesota 551 01 [61 2] 227-5000 1 BOND ISSUES FAILING THESE TESTS ARE TAXABLE AND TERMED NONGOVERNMENTAL UNLESS AN EXEMPTION APPLIES. The following categories of municipal bonds fit within the exemption provided: small issue IDBS, exempt facility IDBs, owner occupied housing, and 501(c)(3) organization bonds, BUT THE TAX EXEMPTION CURRENTLY ALLOWED FOR SOME TYPES OF FACILITIES, WHETHER PUBLICLY OR PRIVATELY OWNED, WOULD BE ENDED - SEE BELOW. THAT LIST INCLUDES INDUSTRIAL PARKS, GAS AND ELECTRIC UTILITIES, DISTRICT HEATING AND COOLING SYSTEMS, HYDROELECTRIC PLANTS, AIR AND WATER POLLUTION CONTROL FACILITIES, SPORTS, AND CONVENTION AND TRADE CENTERS. This means that municipal G.O. and revenue bonds for such improvements would be considered taxable. "429" improvement bonds for curb, gutter, or road extensions to subdivision developments might also be nongovernmental under such a restriction if private developers stand to gain by as little as 10 percent of the proceeds of that bond issue. MORE RESTRICTIONS See page 2 of the attached memo for a list of other bond uses which would automatically be placed under a new per capita volume limit in which cities would compete to obtain authority to issue tax-exempt bonds. Note solid waste, and municipal water facilities are on the list. What that means is that after January 1, cities must await the decision of the Governor or the state legislature to find out whether they will be able to issue bonds for these purposes as well as for any of the other public purpose listed above that fail the 10 and 5 percent use and loan tests. LIMITS ON TAX INCREMENT FINANCING Hundreds of Minnesota cities have made effective use of tax increment financing to assist needed development, to redevelop downtown commercial and industrial sections, and to provide financing necessary to aid in housing development. Only a limited number of projects would remain eligible under the strict limits set by the federal tax reform proposals. No acquisition, land write-downs, financing of development costs, etc. would be considered tax-exempt activity within provisions being considered by the House Ways and Means Committee. Efforts have been made to try to gain an exemption for such activities at the local level, but to date there is no certainty that such changes will be added. (All 8 House members of the Minnesota Congressional Delegation have 2 sent a letter to House Ways and Means Committee Chairman, Representative Rostenkowski, urging him to permit exceptions to the proposed "tests" to permit the use of tax increment financing.) To the extent that tax increment bonds are used to finance improvements such as streets, sidewalks, lighting, etc., their tax- exempt status appears to have been sustained by actions of the Ways and Means Committee. But, such bonds issued for redevelopment could be subject to the new unified volume limits (referred to on page 2 of the technical information) if proceeds are used for land acquisition or relocation costs. EFFECTIVE JANUARY 1 DATE POSES CRITICAL DEADLINE FOR CITY BONDING AUTHORITY When contacting your member of Congress and our U.S. Senators, urge immediate action to remove the January 1, 1986 effective date now in the proposals under consideration by the House Ways and Means Committee. Without such action, the authority of all cities to issue tax-exempt bonds will be subject to major uncertainties and severe restrictions for the foreseeable future. Senator Rudy Boschwitz 506 Hart Building Washington, D.C. 20510 (202) 224-5641. Local Office 210 Bremer Bldg. 419 N. Robert Street St. Paul, MN 55101 (612) 221-0904 Toll Free 800/652-9771 Rep. Timothy J. Penny 501 Cannon Bldg. Washington, D.C. 20515 (202) 225-2472 Local Office Blue Earth Government Box 3148 Mankato, MN 56001 (507) 625-6921 Park Towers 22 N. Broadway Rochester, MN 55904 (507) 281-6053 Rep. Vin Weber 318 Cannon Bldg. Washington, D.C. (202) 225-2331 Local Office Senator Dave Durenberger 375 Russell Bldg. Washington, D.C. 20510 (202) 224-3244 Local Office 1020 Plymouth Bldg. 12 South 6th Street Minneapolis, MN 55402 (612) 349-5111 Toll Free 800/752-4226 Rep. Bill Frenzel 1026 Longworth Bldg. Washington, D.C. 20515 (202) 225-2871 Local Office Center 812.0 Penn Avenue S. Suite 445 Bloomington, MN 55431 (612) 881-4600 Rep. Bruce Vento 2433 Rayburn Bldg. Washington, D.C. 20515 (202) 225-6631 20515 P.O.Box 1214 Marshall, MN 56258 (507) 532-9611 P. 0. Box 279 New Ulm, MN 56073 (507) 354-6400 919 - 1st Street Willmar, M1\' 56201 (612) 235-6820 Local Office Rm 150 Mears Park Place 405 Sibley Street St. Paul, MN 55101 (612) 725-7724 Rep. Martin Sabo 436 Cannon Bldg. Washington, D.C. 20515 (202) 225-4755 Local Office 462 Federal Courts Bldg. Minneapolis, MN 55401 (612) 349-5110 OVER Rep. Gerry Sikorski 414 Cannon Bldg. Washignton, D.C. 20515 (202) 225-2271 Local Office 8535 Central Avenue Blaine, MN 55434 (612) 780-5801 Rep. Arlan Stangeland 1526 Longfellow Bldg. Washingtin, MN 20515 (202) 225-2165 Local Office 4th Fl. MF Center 403 Center Ave. Moorhead, MN 56560 (218) 233-8631 Toll Free 800/432-3770 Federal Bldg. 720 St. Germain St. Cloud, MN 56301 (612) 251-0740 Rep. James Oberstar 2351 Rayburn Office Bldg. Washington, D.C. 20515 (202) 225-6211 Local Office Brainerd City Hall Brainerd, MN 56401 (218) 828-4400 Chisholm City Hall Chisholm, MN 55719 (218) 254-5761 231 Federal Bldg. Duluth, MN 55802 (218) 727-7474 S league of minnesota cities MEMORANDUM November 26, 1985 TO: Mayors, Managers, Clerks FROM: Ann Higgins, Staff Associate SUBJECT: TECHNICAL INFORMATION ON FEDERAL TAX REFORM PROPOSAL RESTRICTIONS ON TAX-EXEMPT FINANCING Actions taken by the House Ways and Means Committee increase the potential for major new restrictions on the authority of cities to issue traditional public purpose bonds. It is estimated that the following provisions, if adopted by Congress, would reduce the types of municipal bonds eligible for tax-exempt status by at least 40 percent and subject so-called "nongovernmental" bonds to a new state - by -state per capita volume limit. It is vital that cities contact both House and Senate members of the Minnesota Congressional Delegation to make clear how serious an impact these intrusions on city authority to issue bonds will have on the ability of the city to manage public improvements, deliver public services, and support economic development. Unless members of Congress can be persuaded to reverse or modify proposed bond restrictions, it is expected that they will become key provisions of federal tax reform legislation to be sent to the floor of the U.S. House of Representatives during the first week of December. Restrictions on Traditional Public Purpose Bonds Traditional general obligation, revenue, and tax increment bonds would be restricted by a new generic definition, effective January 1, 1986. Bonds would be non-governmental if the lesser of 10 percent or $10 million of the bond proceeds is used to benefit, directly or indirectly, any person (trade or business) including 501(c)(3) organizations other than a governmental entity, and if less than 5 percent (or $5 million) of the proceeds is loaned to a trade or business. What does this mean to cities? It means that cities planning to issue such bonds after January 1, must check with bond counsel to determine if those bonds meet the use test described above. Bonds termed non-governmental under terms of these new limits will be subject to much higher risk re: their tax- exempt status and therefore be more costly to issue (because bond 1 83 university avenue east, st. paul, minnesota 551 01 (61 2) 227-5600 counsels are most likely to issue only qualified opionions as to their future tax-exempt status). This follows from the reaction of bond counsel to the prospect of pending federal legislation (federal tax reform) that potentially will limit the definition of governmental bonds as noted above. Whether or not the Senate has acted on the measure by January 1, bond counsel's concern for liability on this issue will preclude the chances for "clean" opinions on bond issues where the benefits to trade or business appear to exceed the 10 percent test. An example offered by the National League of Cities: if your city is planning to make improvements to a municipal parking facility financed with G.O. bonds, you will want to take special care to be certain that no business receives more than a 10 percent benefit through either exclusive access or use of a number of reserved parking places. A New Per Capita Volume Limit on "Non-Governmental" Bonds Some municipal G.O. and revenue bonds that fail the 10 percent test would be termed "non-governmental purpose" bonds and would be included in a new state-by-state volume cap along with small issue industrial development bonds (for which the House Ways and Means Committee has voted to eliminate the sunset provisions of Dec. 31, 1987). In addition to those in the above category (public purpose bonds for publicly owned and operated facililties that fail the 10 percent test), the following uses would also be permitted, limited by a volume cap. The cap would place all tax-exempt non-governmental bonds, with the exception of certain airport and port facilities (excluding warehouses) under a state limit of $175 per capita - $25 per capita of which would have to be set aside for non-profit hospitals and universities, further reducing the volume of tax-exempt financing authority to $150 per capita for 1986 and 1987. (In 1988, the cap would decrease to $125, with the sunset of mortgage revenue bonds.) Of the remaining $150 per capita, $75 would have to be set aside for housing bonds unless the legislature determines othewise. * multifamily rental housing some airport and port facilities * sewage amd solid waste disposal facilities municipal water facilities single family housing (until 1988) * veterans' mortgage bonds * small issue IDBs (with sunset date eliminated) * student loan bonds non-profit university and hospital bonds Impact for Cities The proposed per capita volume cap would force cities, other units of local government including counties and school districts, as well as 2 state agencies to face the prospect of competing for limited bonding authority. Overall housing bond volume nationally would be expected to decline by at least 10 percent, compared with 1984. Another very ominous prospect is the fact that certain uses of tax- exempt financing that fail the 10 percent test would not be eligible for tax-exempt financing, effective January 1, 1986. The following publicly owned and operated facilities would be ineligible for tax-exempt financing, under these provisions: * sports facilities trade and convention centers * parking facilities * electric energy * gas furnishing facilities * hydroelectric generating facilities * district heating and cooling facilities * industrial parks hazardous waste facilities * pollution control facilities Even if municipally owned and operated, these facilities are considered sufficiently non-governmental in their purpose and operation that the House Ways and Means Committee has determined that they shall not retain eligibility for tax-exempt bond financing. Any non-governmental portion of a governmental issue in excess of $1 million would also be subject to the volume cap. (That would mean that in the instance where a governmental issue benefitted a trade or business by that amount, even though that is less than 10 percent of the bond proceeds (even as little as 1 percent or less), the portion exceeds $1 million could not be issued under the sole authority of the city to determine but would have to be allocated under a statewide allocation system. FURTHER PROPOSED RESTRICTIONS ON REFINANCING Advance refunding of traditional public purpose bonds would continue to be allowed, but the cost of the new issue could not be recovered through arbitrage earned on the bond proceeds. Unless the present volume of interest savings was more than the cost of issuing the advance refunding bonds, the latter could not exceed 250 percent of the volume of the refunded bonds. Advance refunding bonds would also be subject to the same per capita volume limits of any new non-governmental bond issue (as noted above). In addition, the call period for such issues would be limited to a period no earlier than the date they could be called at par or at a premium of 3 percent or less. No unlimited arbitrage could be earned as a result of a provision which would limit such a period for advance 3 refunding bonds to 30 days after issuance and for refunded bonds no later than the date of issuance of the refunding bond issue. Finally, bonds for the following non-governmental activities would no longer be eligible for advance refunding: multi -family, single family and veterans' housing governmentally owned airports (including land, noise abatement and freight -handling facilities) * port facilities (not including storage warehouses) * mass commuting facilities * sewage and solid waste disposal facilities +� facilities for furnishing water * small issue IDBS (with all sunsets removed) * Section 501(c)(3) organization bonds * student loan bonds (All the above, except housing, sewage and solid waste disposal facilities, would have to be publicly owned to qualify for tax-exempt financing.) Private developments financed with tax-exempt bonds (except low-income housing) would have to be depreciated using the straight-line method. Provisions for multifamily housing more favorable Apparently, although such housing bonds would be covered by the per capita volume cap on non-governmental bond issues, tax-exempt eligibility would be retained for all such bond issues if either 25 percent (now 20%) or more of the units are rented to families whose income is 80 percent or less than the area median income or 20 percent or more of the units are rented to families whose income is 70 percent or less of area median income. The state volume cap, unless the legislature changed it, would be allocated ($75 per capita) one third to multifamily, one third to single family, and one third left to the discretion of the governor. CONCLUSIONS Minnesota cities would retain little authority available under any allocation system that would be designed to comply with the volume cap. The total allocation for all bonding authority under the proposal would be $725 million for the state. Of that, only $321 million would remain for both state and local government bonding authority in 1986. IDB authority in 1985 in Minnesota totaled $620 million, under the current volume cap. Add to that $600 million in multifamily housing bonds, at least $200 million in tax increment financing, and $200 million in owner -occupied housing bonds. An incomplete estimate of of the current level of bond activity would indicate that at least $1.6 billion of tax-exempt bonds were issued last year. That figure does not include either the tax-exempt bonds issued by 501(c)(3) organizations or the portion of governmental purpose bonds that may 4 be subject to these new unified per capita volume limits Actions taken by the House Ways and Means Committee are far-reaching and intrude in major ways into the conduct of local improvement planning, service management, economic and redevelopment activities. The House Ways and Means Committee scheduled to report out tax reform legislation in early December. It is essential for cities to make their opposition to these sweeping restrictions known to members of Congress now. Illustrating the local impact of the proposed changes in tax-exempt status of bonds will underline the seriousness of the impact of these tax reform bond restrictions on city services, development, and capital improvement programs. December 2, 1985 CITY OF PLYMOUTFF Mr. Elliot Perovich, Chair Regional Transit Board Suite 270 Metro Square Building St. Paul, MN 55101 Dear Mr. Perovich: z�� First of all, we want to congratulate you and the Regional Transit Board for your aggressive efforts to communicate with residents of the metropolitan area with respect to transit issues. Your series of nine Chairman's meetings clearly demonstrates your desire to be responsive to the needs of residents in our metropolitan area. As you know, we at Plymouth are concerned about transit matters and Mayor - elect Virgil Schneider and I wanted to take this opportunity to share with you the issues which are of concern to us. Our first and foremost concern is one of equity. Under the current tax feathering and opt out statutes, Plymouth residents are penalized approx- imately $200,000 annually for operating Plymouth Metrolink. If the City were to eliminate Plymouth Metrolink and Medicine Lake Lines service to our community, we would be eligible to approximately $500,000 in tax savings under tax feathering (1.25 mills). By contrast, the annual cost for Plymouth Metrolink is $300,000. We are especially concerned about this and in the absence of any action by the Regional Transit Board to mitigate this penalty, it is likely that Plymouth Metrolink will be in Jeopardy in 1986. We are anxious to find some means to alleviate this situation with your help. A second concern is one of understandability. As you are aware, the current statute provides that the Regional Transit Board may levy up to 2 mills for transit operating purposes. However, if any community in the metropolitan area calculates the actual number of local mills generated by the Regional Transit Board levy, they will find that it equals over 3 mills. This situation engenders suspicion. In the interest of clarifying this situation, the Regional Transit Board should support legislation which more clearly identifies the actual millage which the Regional Transit Board may levy. Attached is a memorandum from the Association of Metropolitan Municipalities staff which describes how this 2 mill levy -per community turns out to be something over 3 mills. 3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447, TELEPHONE (612) 559-2800 mr. tiiioLL verovicn, Lnair Regional Transit Board December 2, 1985 Page 2 A third area of concern involves the language in the tax feathering statutes which excludes para -transit from the definition of mid-day service. As a result of this definition, Shakopee operates full mid-day service with subsidies as high as $8.00 per person and is still eligible to a 1.25 feathered mill rate. Plymouth, on the other hand, is assessed the full 2 mills with the same level of mid-day service as Shakopee. The only difference is that it is not considered "para -transit". We would like a Clarification of the Board's position on this matter. In closing, we hope that the Regional Transit Board will address the three issues identified above. To be sure the legislature has placed high expectations on the Board in terms of accomplishments. To date, your leadership has considerably improved the Board's chances of achieving these objectives. We would encourage the Board, however, to accelerate its consideration of the steps it will take to encourage competition between public and private providers. As a first step, the Board should consider allowing mechanisms which would allow private providers to become eligible to public assistance for capital improvements. Private providers should also be exempted from state sales and gasoline taxes as are public transit providers. The extension of these benefits to private providers would result in savings to the public. Once again, thank you for your efforts to solicit input on transit matters. Elliott, I will be leaving the office of Mayor of Plymouth the first Monday in January. For this reason, Mayor -elect Virgil Schneider and I have elected to jointly author this letter. I know that Virgil shares my concern for transit and equitable tax treatment of Plymouth residents. I hope that one or both of us will be able to meet with you to resolve these matters in order that Plymouth Metrolink can continue. Sincerely, David J. Ddyi6npTt M4yor encl. cc: City Council V.7irlgil Schneider Mayor -Elect e Gc`, DEPARTMENT OF PARKS, RECREATION AND FORESTRY November 20, 1985 C 0 I Voun SViIle RAMSEY COUNTY, MINNESOTA 2401 HIGHWAY 10 MOUNDS VIEW, MINN. 55112 784-3055 Mr. James Willis, City Manager City of Plymouth 3400 Plymouth Rd. Plymouth, MN 55447 Dear Mr. Willis: This is just a short note to follow up on our phone conversation on Wednesday, November 20, 1985 regarding the selection of Mr. Eric Blank as the 1985 MRPA Jack Niles Award recipient as the outstanding young recreator in the State of Minnesota. It is a real honor to receive this prestigious award which is awarded annually to a male MRPA member with 15 years or less experience in the field who has contributed his time, talent and service to advance the profession of parks and recreation. I have included a copy of the nomination form along with letters of recommendation which outline some of the services and programs that Eric has provided to our field during the past 15 years. The award was formally presented to Eric at the State MRPA Con- ference on Thursday evening, November 21, 1985. MRPA would like to extend their congratulations to the City of Plymouth and Mr. Eric Blank for his outstanding contributions to the municipal parks and recreation profession. Should you have any questions regarding the nomination process itself, feel free to contact myself Airectly at 784-3055, ext. #20. Siffere1y / ...... • r ��uce K. AncdersoDirector Parks, Recreation ;and Forestry Dept. BKA/sll Enclosure cc: David Davenport, Mayor Barbara Edward, Chairperson Park & Rec. Commission Vi C if4 p OF SQ RAMSE V COUNTY. MINNESOTA 2401 HIGHWAY10 MOUNDS VIEW, MINN. bb112 7843055 DEPARTMENT OF PARKS, 111 0111 Al 111N AN1110111:;IIIY October 31, 1985 Ms. Mary Ellen Erlandson Chief of Therapeutic Recreation Fairview Hospital 2312 South 6th St. Minneapolis, MN 55454 Dear Ms. Erlandson: Enclosed is a copy of the final nomination form on behalf of Eric Blank as a recipient for the 1985 Jack Niles Award. It has been my pleasure to have known Eric both personally and professionally for the past 15 years. During that time, I have known Eric to uphold the highest standards for the park and recreation profes- sion in both his work and personally related projects. I worked with Eric as his assistant in the City of Maplewood for four and one-half years and one year prior as a program supervis- or. During my tenure in Maplewood, I saw Eric build a relatively small department to the forefront in Ramsey County.He accom- plished this by actively soliciting community support in the development of the first City-wide Comprehensive Parks and Open Space Plan, as well as establishing community task forces and standing ad hoc committees. To his credit, Eric was able to construct and improve numerous park development projects includ- ing the first metal halide lit softball system in the metropoli- tan area at Goodrich Park. In addition to using the resources that were available to Eric within the City, Eric was an expert at preparing grant applica- and tions and he received the Mahe devel- le oodo Nature th State Center, asaw well money as for t the Hazelwood opment o P play field. -2- Eric worked for the City of Maplewood for ten years, and served a short period of time as the acting City Manager. Following his departure from Maplewood in 1980, he became the Park and Recrea- tion Director for the City of Plymouth, Minnesota. He has been there for the past five years and has coordinated over $3 million in park development projects, while at the same time increasing recreation programs. In addition to his noteworthy accomplishments in the field of parks and recreation, he has been active in our state association serving as the first two year term President serving from 1978-80 and coordinating the Life. Be In It campaign on a state-wide basis since 1982. Eric's dedication and committment to the field of parks and recreation has been exemplary over the past 15 years and he has been long overlooked for this award due to his modest, unassuming profile. It is with a great deal of pride that I submit Eric Blank as a final nominee for the 1985 Jack Niles Award. Should you have any questions regarding his background or desire additional informa- tion, feel free to contact myself directly at 784-3055, ext. X20. i rely, Bruce. K. An rs n DirecLtJr' Parks, Recreatio d Forestry BKA/sll '- \ b the Minnesota D{ recreation g pork association FINAL NOMINATION FORM FOR PROFESSIONAL AWARDS To Nominator: Your nominee is one of the final candidates being considered for the ;hack Niles Award. Please complete this form with all of the requested information. If additional pages are needed, please make sure that the categories The care ieartaken ly in delineated on the additional pages. preparation of this information and the detail and manner in which documentation is submitted provides the Com- mittee with the primary source and basis upon which to fairly evaluate your nominee. 1. Name of Nominee Eric John B1 Position Title Director Plymouth Parks and Recreation Address 3400 Plymouth Boulevard Street 55447 P1 mouth MN State Zip Code City Bruce K. Anderson 2. Name of Nominator View Parks, Recreation & Forest Position Title Director, Mounds Address 2401 Highway 10 Street 55112 Mounds View MN State Zip Code City EVALUATION CRITERIA USED TO SELECT AWARD RECIPIENTS 4. Professional Preparation BS 1970 U of M College degree earned - year Institution Degree M.ED. Degree _ 1978 U Graduate degree/s - year Institution Degree Year Institution Minnesota Recreation and Park Association • P n Box 186 • 9401 Fernbrook Lane • Maple Grove, MN 55369 -2- fl _-'� -A") Continuing professional Education completed: Symposia, Seminars, Workshops, special schools. Give name of school and date. NRPA Executive Development 1985 NRPA National Congress 16 years _ MRPA State Conference 16 years Computer Management 1 year 4. Director 6. Record of Service 14 1980 - Present Plymouth P&R Coordinated over $3 Millioi in park development projec- while increasing recreatioi programs. as Professional Member of YRPA year joined MRPA Describe MRPA service participation. a. Give names of committees served on and dates of such service. Include leadership positions held such as committee chairperson, member of Board, officer, or other. 1. State Life Be In It 2. V.P. Minnesota Recreation & Park Foundation 3. President MRPA 4. Chairman, Parks & Natural Resources 5. Member in good standing of the Conference, Legislative and Membership Committees 1982-Presen 1985-Presen 1978-80 1978 numerous ye 5. professional Service Record (Begin with first full-time professional position and bring up to present position.) Noteworthy Position Held Dates of Service A9RKO,g Accomplishments I. Asst. Director 1970-73 National recognized teen Maplewood P&R program entitled T -Peace. Developed a traveling play ground in the street progr. called PITS and initiated a community puppet wagon 2. Acting Director 1973 program. Supervised numer Maplewood P&R ous park development proje including creative play environments, neighborhood parks and community play- grounds. 3. Director 1974-80 Maplewood P&R 4. Director 6. Record of Service 14 1980 - Present Plymouth P&R Coordinated over $3 Millioi in park development projec- while increasing recreatioi programs. as Professional Member of YRPA year joined MRPA Describe MRPA service participation. a. Give names of committees served on and dates of such service. Include leadership positions held such as committee chairperson, member of Board, officer, or other. 1. State Life Be In It 2. V.P. Minnesota Recreation & Park Foundation 3. President MRPA 4. Chairman, Parks & Natural Resources 5. Member in good standing of the Conference, Legislative and Membership Committees 1982-Presen 1985-Presen 1978-80 1978 numerous ye =li__�b -3- b. List MRPA conferences, symposia, workshops, etc., attended. Mr. Blank has attended 16 years of MRPA Conferences and numerous IPD's and countless one day workshops and seminars. In addition to his active attendance at MRPA training programs, Eric has served as a speaker, presentor and coordinator for numerous conference sessions. *V. 7. Presentations, publications --state, regional, or national. U of M guest lecturer Metro Youth Workshop 8. Other Professional and/or Community Service (i.e. NRPA ) Organization memberships held, together with brief description of service contributed or accomplishments in each. Give pertinent dates where possible. NRPA Great Lakes Regional Council 1978 - 80 NRPA Cultural Programming Committee 1978 9. Other pertinent information not identified in the above categories. See attached letter **Please enclose two letters of support from other MRPA members. Hennepin County Park Reserve District 3800 County Road 24 • Maple Plain, Minnesota 55359 • Telephone 612-473-4693 October 30, 1985 PARK RESERVES BAKER CARVER CROW-HASSAN ELM CREEK Ms. Mary Ellen Erlandson HYLAND LAKE Chief of Therapeutic Recreation LAKE REBECCA MURPHY-HANREHAN Fairview Hospital REGIONAL1669 Hague Street BRYANTLAKE KS St. Paul, MN 55104 BRYANT LAKE CLEARY LAKE CLIFTON U FRENCH Mary Ellen: COON RAPIDS DAM EAGLE LAKE FISH LAKE This letter is in support of the nomination of Eric Blank to JAMES W. WILKIE receive the MRPA Jack Niles Award. Eric is a very deserving LAKE SARAH candidate who has served the communities he has worked in and SPRING LAKE the MRPA well. SPECIAL USE AREAS ARTHUR EALLEN WILDLIFE SANCTUARY Eric's professional career has included service as Director, SANCTUARY BAKER PARK GOLF COURSE both in Maplewood and Plymouth. During his time directing these CLEARY LAKE GOLF COURSE departments, both saw significant growth and improvement, both HYLAND HILLS SKI AREA NOERENSERG MEMORIAL PARK in park facilities and recreation services. The Maplewood Nature WAWATASSO ISLAND Center and Plymouth Park and Playground development are excellent WILD GOOSE CHASE ISLAND examples of good planning and design. In addition, both communities TRAILCORRMORS have available a wide range of recreation programs and activities NORTH HENNEPIN TRAIL appealing to all segments of their population. Eric has served MRPA in a number of ways, including two years as President. He has also chaired committees—most recently the CBOARD OMMISSIONERS "Life. Be In It" Committee. Eric also serves on the MRPF ooard DAVIDLATVAAHO of Trustees and is currently Vice President. CHAIR GOLDEN VALLEY These are a few of the reasons why I believe Eric deserves the SCOTT L.NEIMAN VICE CHAIR Jack Niles Award. There are others, including NRPA involvement, MINNEAPOLIS etc. He is a credit to our profession. JUDITH S. ANDERSON BLOOMINGTON SHIRLEY A SONINE Thank you. MAPLE PLAIN MIILLUUI H. BOYNTOM ST. LOUIS PARK VALUAM 1. HOLBROOK MINNEAPOLIS MartyJ ss ?6 NAOMILOPER MINNEAPOLIS "' MJ : ghd VERN J. HARTENBURG SUPERINTENDENT i SECRETARY TO THE BOARD cc: Kay Zwerni k MRPA Executive Director &iAPLEW Q10 1380 FROs'r ,"T.N11" M:%J'I.I:WO011 MINNI✓SOT.X 55109 OFFICE OF COMMUNITY SERVICES November 1, 1985 t-.1 � Mary Ellen Erlandson Minnesota Recreation & Parks Association 9401 Fernbrook Lane Maple Grove, Mn. 55369 Dear Nominating Committee Nov , 4 �0-4570 I would like to write a letter of support on behalf of Eric Blank for the Jack Niles Award. I truly feel that Eric is the best candidate for this prestigious award. He has been a dedicated member of the M.R.P.A. for years, serving as - President, Chairperson of several committees, Legislative work, Life -Be -In -It representative, active with conferences including the N.R.P.A. Conference, Student Section. Eric is a dedicated and sincere professional in the Park and Recreation field. He strives for perfection on his job and also from M.R.P.A. He believes in the philosophies of recreation and in the importance of a strong State organization. Eric has contributed countless hours of dedicated work to M.R.P.A. to insure its success in representing the State of Minnesota. I strongly feel Eric is justly deserving of the Jack Niles Award because of his professionalism, dedi- cation and hard work. Sincerely, Pauline Staples Assistant Director = (�!-AC' November 25, 1985 To: Mayor David J. Davenport Councilmember Virgil A. Schneider Councilmember Patricia Hoyt Neils Councilmember H. David Crain Councilmember Maria Vasiliou From: James P. Bremer 302 B Zinnia Lane No. Plymouth, Minnesota 55441 Home: 546-1298 Work: 828-9174 It has come to my attention -that there has been considerable discussion about putting a signal in at the intersection of Old County Road 15 and New County Road 61. It is my understanding that City Council is giving this serious consideration. It is obvious that the reason for such consideration is in order to grovidc a safe method of crossing New County Road 61 for the children who live in the Zinnia/Berkshire area. Not knowing what type of signal is being looked at, I would like to offer some suggestions and concerns about installing a any signal at this intersection. I would recommend if any signal be put in at this intersection, it be pedestrian tripped such as they have at school crossings. I feel strongly that if a full fledged semaphore is put in with continual stop and go traffic that it will create a definite increase in the number of cars that will consider the intersection as a through to Highway 494. And as such will very quickly create a greater hazard to the children in the neighborhood. Simply from living at the corner, since the roads have opened, it is amazing how many cars are trying to get through to 494. Common sense, I think, dictates that when you come upon a semaphore you have generally come to a through street. If you come upon a school type pedestrian signal you generally have not come to a through street. It would be really ironic that if the City put in a semaphore to get the kids across the road, that by doing so creates a busy and dangerous road out of Zinnia and Berkshire. I would think the City Staff would have a good idea of how many cars a day would deviate with a full semaphore and I do not think anyone would like the numbers. The other problem. Stop and �o traffic with a full fledged semaphore would not do anything positive about the noise level entering the neighborhood from this intersection. While I am very concerned about how children cross New County Road 61, I have four children under 10 myself, I am not at all interested in anything that will increase the noise level near my home. You all know my feelings about the noise level I have been forced to take on since the development of County Road 61. Existing levels of noise let alone further increased noise levels can easily become costly legal issues. Logically a full fledged semaphore would be more a convenience for the cars exiting the neighborhood than for children . I do not know about you, but I am more concerned about children than cars. If you have any questions regarding my position in this matter please fell free to call me at home or work. Thank you. S_ q December 4, 1985 Mr. William M. Crawford District Engineer MINNESOTA DEPARTMENT OF 2055 North Lilac Drive Golden Valley, MN 55422 i CITY OF PUMOUTR TRANSPORTATION SUBJECT: PLANNED INTERCHANGE AT C.S.A.H. 6 AND I-494 Dear Mr. Crawford: As you are aware, the City of Plymouth has been planning for the construction of a new interchange at C.S.A.H. 6 and I-494. This interchange, in conjunction with the recently opened interchange at Carlson Parkway and I-494, will provide certain transportation benefits to the adjacent land uses, the City of Plymouth, the Region and the State of Minnesota. As a result of these benefits, we are requesting that you review the project for the purpose of determining MnDOT's share of funding of the subject interchange. We have accomplished the preliminary work required and at this point the Project Path Report, the Metropolitan Council's Interchange Addition Request and Criteria Analysis and the FHWA Interchange Addition Request 104(b) have been completed and approved. We are currently preparing the Federal Environmental Assessment and State Environmental Assessment Worksheet. The schedule for the remaining work is as follows: Study Report Completion June 1986 Design Approval September 1986 Right of Way Acquisition November 1986 P, S&E Approval July 1987 Contract Letting January 1988 Construction Completion July 1989 As you can see, we are making notable progress toward completing an important element of the Transportation Plan for this area and we are at the point where the question of funding of the aforementioned interchange must be dealt with. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 Mr. William Crawford December 4, 1985 Page 2 While the City has included this project in an expanded Tax Increment Financing District, we are requesting that MnDOT provide funding for certain elements of the interchange. We are supporting this request with the analysis which shows that construction of the County Road 6/I-494 interchange will result in substantial benefits to the State. Specifically, and most importantly, the benefits to the State will result from diversion of traffic from the overloaded elements of the Regional System to the new interchange. Such benefits include but may not be limited to the following: - Sub -regional traffic will be diverted from the T.H. 55 and I-494 interchange to this interchange which will allow the T.H. 55 and I-494 interchange to operate effectively as a Regional Facility. - The diverted traffic will reduce the current congestion problems experienced at the T.H. 55 and I-494 interchange off ramps which result in the trafic queues backing up onto the shoulder of the southbound I-494 mainline and on the outside lane of the mainline during the winter months and will reduce the accompanying increase in safety problems and deterioration in level of service. - The calculations of the levels of service for the intersections at the interchange of T.H. 55 and I-494 indicate that the planned improvements of the interchange will be largely offset by the growth in area traffic by the year 2005 and that the construction of the proposed interchange will be needed to avoid additional major reconstruction of the T.H. 55 and I-494 interchange. - The planned interchange will also improve the traffic operations and safety at the iiearby intersections on T.H. 55 by removing sub -regional traffic which is currently forced to use T.H. 55 and these intersections to access the developments in this area (the intersections of Fernbrook Lane and Xenium Lane with T.H. 55 currently rank near the top in accident rates for the intersections In District Five). - The planned interchange will provide better access to the Regional Transportation System for the traffic in this area which will reduce the volume of vehicles on T.H. 55 east of I-494 so the need for future improvement of this segment of T.H. 55 will be reduced. We finally believe that the construction of the C.S.A.H. 6 and I-494 interchange will enable MnDOT to postpone and even reduce significant future improvement costs to the T.H. 55 and I-494 interchange as well as the adjacent segments of T.H. 55. Also through this, the Regional Transportation System will be substantially enhanced by providing more effective and efficient routing of the regional, sub -regional and local traffic. Mr. William M. Crawford December 4, 1985 Page 3 Thank you very much for your consideration of this matter. Please contact me if you have any questions regarding this issue. Sincerely, 6mes G. Willis Ci y Manager JGW:Jm cc: Fred Moore, Public Works Director Franc Strgar Herb Klossman, Hennepin County Engineer December 5, 1985 Mr. E. J. McConville 4310 Larch Place Plymouth, MN 55442 Dear Mr. McConville: j CITY OF PLYMOUTR Thank you for sending me a copy of your recent letter addressed to County Commissioner Robb. The EAW for the County Road 9 project does not indicate that "the noise level all along the new roadway will exceed MPCA standards." What the report says is, "several locations along the proposed roadway are predicted to have noise levels exceeding the MPA standards by the year 2010. Mitigation measures are essentially limited to landscaping and grade adjustments." The EWA in its conclusions, goes on further to say, "The predicted noise levels are essentially caused by an increase in traffic volumes. This increase is not a direct result of this project, but rather can be attributed to development in this and nearby areas. Any noise mitigation measures which are practical, will be incorporated into the project." Based upon the foregoing statements and the conclusion, I believe Hennepin County is appropriately aware of the projected 2610 noise prohiem and is in a position of taking appropriate measures to mitigate that problem as part of this proposed project. I am sure that the project plans will address this matter more specifically. Thank you again for copying me on your correspondence. Yours truly, mes G. Willis Ci y Manager JGW:jm cc: County Commissioner E. F. 'Bud" Robb Fred Moore, Public Works Director Mayor & City Council Vern T. Genzlinger, P.E., Associate County Administrator & Engineer 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 4310 Larc; �i Place Plymouth, MN 55442: December 2, 1985 Commissioner E. F. Robb Hennepin County Government Center 300 South 6th Street Minneapolis, M innesota 55415 Dear Commissioner Robb: This memo is to confirm our telephone conversation of a few weeks ago regarding the reconstruction of County State Aid Highway 9 from Interstate 494 to Nathan Lane. The purpose of that conversation was to solicit your help in resolving a. concern of area residents related to the noise pollution caused by the new roadway. As stated in the Environmental Assessment Worksheet, the noise level all along the new roadway will exceed MPGA standards. Since all of this roadway will pass through residential areas either currently completed or planned in the future, several thousand people will be exposed to this pollution. Our concern is that as of this date, the Hennepin County Department of Transportation has only published some very general and vague statements about the County's intent to use any kind of screening to minimize the effect of the noise pollution. We feel that the County needs to prepare detailed plans for screening before starting the reconstruction to ensure that the screening can be effectively implemented. We ask your assistance in identifying the County's plan to minimize the above mentioned noise pollution. Sincerely, E. J. McConville EJM/srfi copy: Jim Willis City Manager City of Plymouth 3400 Plymouth Boulevard BASSETT CREEK WATER MANAGEMENT COMMISSION 7800 Golden Valle\ Road Golden Vallee. Minnesota 55427 December 2, 1985 Mayor David Davenport City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 . cr.'stal . Golden Valle\ • Medicine Lake • Minneapolis • Minnetonka • Neu Hope • Phmowth • Robbinsdale • St. Louis Park Re: Bassett Creek Water Management Commission Dear Mayor Davenport: The year 1985 has been a great year for the Bassett Creek Water Management Commission. After approximately 25 years of efforts on the part of the nine municipalities making up the Commission, the Corps of Army Engineers has obtained funding for construction work to resolve the Bassett Creek problems. As the Chairman of the Commission, I am extremely proud of the Commission and the individual Commissioners, and I wanted to write to you to indicate that Fred Moore and John Sweeney have both contributed greatly to the work of the Commission in obtaining approval for the funding. I also want to thank you and your Council for the continued support of the Commission and for the willingness to assist in lobbying efforts with our Congressional representatives and also the icated to the project. I would also time that Fred and John have ded ommission Season's Greetings, d we like to extend to y6a you from thethe C encement of constructiononthe look forward to 198 project. With kindest personal regards, I remain WPE:lh CC: City Manager Sincerely yours, W. Peter Enck, Chairman Bassett Creek Flood Control Commission ,;• I" ^0 December 4, 1985 Gene Wills Knights of Columbus 3621 Morgan Avenue N Minneapolis, MNI 55412 Dear Gene: C; , Y �,;� PLYMOUTH+ This letter is to notify you of the City's permission allowing you to use Medicine Lake for an ice fishing contest on Sunday, February 2, from 1:00 to 4:00 p.m. As we have in the past, we ask that you supply all necessary barrels, bags, etc., to facilitate the clean-up of that area of the lake that you use. A member of my staff will view the lake on Monday, February_ 3. your future use of this lake will depend on how well you clean the ice surface upon conclusion of your contest. Would you please send me a copy of the flier that you used to advertise this event, so that I may place it in my files. If you have any questions, please feel free to call me. I hope that you have good weather for your ice fishing contest. Good luck with it. Sincerelv, Eric J. Blank, Director Park and Recreation Dept. /np cc: City Manager Public Safety Director Park & Environmental Supervisor 3400 PLYMOUTH BOULEVARD. PLYMOUTH Mlw.-SOTA 55447. TELEPHONE (612 559-2600