HomeMy WebLinkAboutCouncil Information Memorandum 12-20-1996DECEMBER 20, 1996
UPCOMING MEETINGS AND EVENTS
1. COUNCIL MEETING SCHEDULE.
JANUARY 8, 1997 7:00 P.M. REGULAR COUNCIL MEETING
Council Chambers
JANUARY 22, 1997 7:00 P.M. REGULAR COUNCIL MEETING
Council Chambers
2. CHRISTMAS HOLIDAY, WEDNESDAY, DECEMBER 25, City Offices are closed.
3. NEW YEAR HOLIDAY, WEDNESDAY, JANUARY], City Offices are closed.
4. HUMAN RIGHTS COMMISSION, THURSDAY, JANUARY 2, 7:30 P.M. Medicine Lake
Room.
5. CHARTER COMMISSION, MONDAY, JANUARY 6, 7:00 P.M. Public Safety Training
Room.
6. MEETING CALENDARS — December and January meeting calendars are attached. (M-6)
1. ADMINISTRATIONLIBRARYADDITIONS
a. A copy of Robert's Rules of Order (the Scott Foresman 1990 edition) is now in the
Administration Library, available for check-out by Councilmembers and staff. Another
new addition, John Carven's Boards that Make a Difference, is also now available.
Attached is a write-up of the book in a recent edition of the newsletter, The BRIM
Report. (I -]q)
CITY COUNCIL INFORMATION MEMO
December 20, 1996
Page 2
2. COUNCIL ATTENDANCE
Attached is the meeting attendance record for 1996. (1-2)
3. MEETING MINUTES
a. I-494 Corridor Commission/JPO Meeting of November 20, 1996 (unapproved). (1--3a)
4. STAFFREPORTS
a. Report from Public Works Director Fred Moore regarding the State Pollution Control
Agency file on the petroleum tank release at the Plymouth Maintenance Facility.
Attached is the letter from the MPCA to Public Works Superintendent Tom Vetsch. (I -
4a)
b. Report from Assistant Manager Kathy Lueckert updating Suburban Alliance dissolution
proceedings. (1--4b)
5. NEWSARTICLES, RELEASES, PUBLICATIONS, ETC.
a. Municipal Legislative Commission December 11, 1996 Update. (I -5a)
b. League of Minnesota Cities December 13, 1996 Friday Fax. (I -Sb)
c. City of Plymouth Inspection Division newsletter, Plymouth Builder. (I -5c)
d. Notice from Association of Metropolitan Municipalities soliciting nominations for
AMM Board. (I -5d)
e. December 15, 1996 Star Tribune article about the expanding budgets of suburban
communities. Downloaded from the Star Tribune Online; graphics reprinted from the
hard copy edition of the newspaper. (1-5e)
f. Northwest Community Television news release noting Channel 12 news honor as "Best
Really Local Newscast" in Mpls/St. Paul magazine. (1-5fi
g. December 20, 1996 Star Tribune article about the Metropolitan Council's adoption of a
new growth plan, as well as a "side -bar" story analyzing the growth plan. Downloaded
from the Star Tribune Online. (I -5g)
6. CITIZEN COMMUNICATIONS POLICY- CORRESPONDENCE
a. Internet communications between Park Director Eric Blank and Jay Helgren regarding
the LifeTime Fitness Recreation Center. (1--6a)
CITY COUNCIL INFORMATION MEMO
December 20, 1996
Page 3
b. Letter to Karen E. Karn from Park Director Eric Blank responding to suggestions for
improving the intersection at Vicksburg Lane and Highway 55 or County Road 24 and
Highway 55 to make it more accessible to pedestrians and bikers. Kam's original letter
is attached. (I -6b)
A status report on the most recent correspondence is attached. (1-6)
7. CORRESPONDENCE
a. Letter to the Mayor from State Department of Revenue Commissioner James Girard
expressing concerns over increasing city property taxes for 1997. Staff is preparing a
response. (I -7a)
b. Letter forwarded to Councilmember Ginny Black from Medina City Clerk -Treasurer
Paul Robinson. The letter is to Metropolitan Council Chair Curt Johnson,
commenting on Council proposals for MUSA line extensions. (1-7b)
c. Letter from the Minnesota Pollution Control Agency to John Matthews of AT & T
with notification of investigation of a petroleum storage tank release at the AT & T
owned site at 13320 15' Avenue North in Plymouth. (I -7c)
M -c
74
00
03
fiMOt� O
C
I �
wF —rvry
N' LIMN
_ 7
N
ON
�O
03
CC
V L
�.,U
IUWF �Q I,
Hna�c
r�'in
IIM�VI �i
gHrn'�c Vi
o
ES. �°-r.^v
M
_VLLLLIN
--n
id<tgEII_.
mi.�_'
(�%. �"-
u
Z
y0i
..d
SE'S
r J
Y?
��oU
Q W a
v
CISz
i
��i
z cn
�=1
ai a y;
a�El,z,
O =�I
V
;23u
5'$�ul
o Z ZUi
N
b
O
N
03
T
az�?
O
< D3
2�3
abut ��
IoU>.-t,
I
ti
00
N
0\
'd
C
74
M-�
00
c�
'd
V1 ''
"d
w
cV
O�
b
M
O
tu
o
¢.
E
�OZrL
a
M,�f/]�
OU
OU'
ti.
0O
knN
O�
a
U
Nt.L,N
x �
OC7—!y
1 g Z
n
K
00
clLn
a� c
a�•c
U
U U
ozOU'
a
-
•
u
�o
c
i2 U
s
/�)
W
h
F Mr<_
�fn arc
r"'v e=n
'
N—xnnr
r�
V 1
C
The Brimeyer Group, Inc.
EXECUTIVE SEARCH CONSULTANTS
904 Main Street, Suite 205
Hopkins, MN 55343
voice: (612) 945-0246
fax: (612) 945-0102
e-mail: brimgroup@aol.com
(u
FM=4
Fall Issue
September 1996
Vol. 4, Issue 4
Policy as a
Leadership Tool
By James Brimeyer—President
Concepts contained in this series of
articles are based on the book, Boards That
Make A Difference, by John Carver. In the
last Brim Report, we introduced Carver's
model for governance.
The essence of any organization lies in
what it believes, what it stands for, and
what it has adopted as values. These
perspectives and values form the basis
on which the mechanical or visible
aspects are based. In many ways, orga-
nizations are similar to individuals. The
framework of values and perspectives
are powerful and often invisible forces
that determine not only the organiza-
tional circumstances, activities, and
goals; but may even color the data the
organization uses to assess what needs
to be done. Ultimately, every decision
should be based on common principles
and mutual understandings.
Policies disseminate the core of organi-
zational power, and because the central
challenge is to lead rather than to ana-
lyze, governing boards must pronounce
rather than merely put forth policies.
Carver suggests four reasons why
policy -focused leadership is the hall-
mark of good governance:
1. Leverage and efficiency: By establish-
ing which are the most fundamental
elements of an organization, the board
can direct multiple issues with less
effort. In reality, boards have only so
much time available.
2. Expertise: Board members usually do
not possess all the skills needed to
effectively operate their organization.
When recruiting, they often focus on
skills matching their staff positions,
rather than the governing boards re-
sponsibilities. Policy -focused governing
does not require specialities—and is
often more efficient without them.
3. Fundamentals: Boards that govern
directly by policies are more certain to
address issues which have enduring
importance. As all the matters confront-
ing a board are "sifted and sorted." both
the short term and the long term per-
spectives should emerge.
4. Vision and inspiration: Dreaming is
not only permissible for leaders—it is
obligatory. Dealing meticulously with
the "trees rather than the forest" can be
satisfying, but it neither fuels vision nor
inspires improvement.
To lead instead of to follow, boards
must get to the other end of the parade!
Instead of following the agendas driven
by staff priorities, boards must be able
to foresee the long-term needs. The
ultimate question should always be,
"What results do we seek?" This brings
us back to the organization's core reason
for existence—its intended impact on
the world and its related set of values.
It is Carver's contention that all board
policies fall into one of the following
groups:
• Ends—What human needs are to be
met, for whom, and at what cost?
• Executive Limitations—Those prin
-ciples of prudence and ethics that
limit what means staff may use.
• Board/Executive Relationship—The
manner in which power is passed to
the executive machinery and an
evaluation of the use of that power.
• Board Process—The manner in which
the board represents the ownership
and provides strategic leadership to
the organization.
The difficult task for most boards is to
maintain an outcome -based orientation
and not react to staff -initiated policies or
respond to a small constituency. Effec-
tive boards will develop a paradigm to
"focus on the future!"
CITY COUNCIL MEETING ATTENDANCE -1996 1E,
X - Absent
DATE MEETING TYPE
Anderson
Wold
Lymangood Preus
Granath
Black
Tierney
1/3/96 Special
X
X
1/9/96 Regular
1/22/96 Special
X
1/23/96 Regular
1/30/96 Special
X
2/7/96 Special
2/7/96 Regular
2/12/96 Special
2/21/96 Special
X
X
X
2/21/96 Regular
X
X
3/6/96 Special
X
X
3/6/96 Regular
X
3/13/96 Special
X
X
3/20/96 Regular
X
4/3/96 Regular
X
4/17/96 Regular
X
4/29/96 Board of Review
X
X
X
5/1/96 Regular
5/15/96 Regular
X
5/20/96 Special
X
X
5/20/96 Board of Review
X
6/5/96 Regular
6/19/96 Regular
X
6/26/96 Regular
X
7/10/96 Regular
X
7/24/96 Regular
X
8/7/96 Regular
X
X
8/12/96 Special
X
8/14/96 Special
8/21/96 Regular
8/28/96 Special
9/4/96 Regular
9/10/96 Special
X
9/18/96 Regular
X
9/20/96 Special
X
X
10/1/96 Special
X
X
10/2/96 Regular
10/16/96 Regular
X
10/17/96 Special
X
X
X
10/29/96 Special
11/6/96 Regular
11/20/96 Regular
X
X
12/4/96 Truth in Taxation
12/4/96 Regular
12/11/96 Regular
X
12/11/96 Regular
X
X
12/18/96 Regular
T- 3a
I-494 Corridor Commission/JPO
Meeting Minutes of
Wednesday, November 20,1996
(Unapproved)
I. Call to Order. The meeting was called to order at 8:45am by Mayor Joy Tierney. Fred Corrigan,
Executive Director of the MN Transportation Alliance and Vice Chair of the Scott County
Transportation Coalition and Craig Yolitz, Chair of the Wakota Bridge Coalition were guest speakers.
Those in attendance were:
Joy Tierney, Mayor of Plymouth
Joyce Henry, Bloomington City Council
Ross Thorfinnson, Eden Prairie City Council
Russ Susag, Richfield City Council
Larry Lee, City of Bloomington
Dave Lindahl, City of Eden Prairie
Craig Larsen, City of Edina
Curt Gutoske, City of Minnetonka
Barb Senness, City of Plymouth
John Moline, City of Richfield
Gina Baas, LJR, Inc.
Lisa Raduenz, LJR, Inc.
II. Review of Minutes. Minutes from the Wednesday, October 9,1996, meeting were brought up for
Commission approval. Craig Larsen moved to approve the minutes and Barb Senness seconded. Motion
carried.
III. Follow-up of Mn/DOT Presentation. Baas handed out draft copies of the letter to be sent under the
signatures of the communities' mayors to Mn/DOT with comments on the Metro Draft Transportation
System Plan (TSP). Baas also handed out a summary that showed Mn/DOT's proposed projects for the
I-494 corridor in the TSP. Jon Elam suggested that the letter be addressed to Commissioner Jim Denn
rather than the TSP Project Manager and that he be copied on the letter instead. Tierney also felt that
it would be more appropriate for the letter to go to Denn so that change will be made. Mn/DOT has
changed the deadline to receive comments to December 31, 1996. Baas will send the final copy of the
letter to Maple Grove for signature and the letter will then proceed down the corridor until it reaches
Richfield.
Corrigan commented that the goals for construction listed in the document may not be accurate
because funding may not be available on those target dates. He was basing this information on a
meeting he had recently with Commissioner Denn who indicated there was no money available for
adding lanes. It was suggested that a paragraph be added to the letter that addresses the funding
issue.
IV. Rotation of Commission Officers for 1997. The issue of who the officers would be for next year was
brought up for discussion. According to a rotation memo drafted by Dave Lindahl, the next cities in line
for holding offices after Maple Grove and Plymouth were: Chair - Eden Prairie, Vice Chair -
Bloomington and Secretary/Treasurer - Edina. The fact that Richfield has never held an office was
brought up for discussion. Lindahl indicated that previously Richfield did not have active
representation on a staff or elected official level at Commission meetings so they were not assigned to
the officer rotation. After discussion on changing the rotation for 1997-98, it was decided to leave the
rotation in place for this cycle and that a new rotation be established for coming years. Lindahl made a
motion to that effect and Tierney seconded. Motion carried.
Lindahl also brought up the need for a discussion on the Commission budget for 1997. It was
determined that Baas and Raduenz would meet with Mike Opatz before the December meeting and
Opatz would then come prepared to discuss the Commission's financial situation.
V. Discussion of City Meetings with Toll Road Advocates. This agenda item was tabled until after the
presentations by the guest speakers.
VI. Dialogue with Representatives from Transportation Coalitions. Corrigan began by telling the
group that more and more corridor groups are being formed throughout the state. Early groups were led
by users - communities, chambers of commerce, AAA Clubs, etc. Following is a summary of his remarks.
The early years of the Scott County Transportation Coalition were marked by turf battles
among the cities and the county. Things started to move ahead when the business community finally
became involved. It was time to get everyone together and decide whether to move ahead or stop
talking. It was helpful to have an organization to provide cover for individual elected officials.
A lot of their funding was provided by the area recreation facilities who assessed an
amusement tax to keep the Coalition efforts moving forward. The group had a Board of Directors and
an Executive Committee under which the work was directed. It was important to show the business
community progress. To gather support among legislators, the projects were made regional in scope -
things moved along when legislators from SW Minnesota were convinced that the Bloomington Ferry
Bridge would have an effect on their areas as well. They also got involved at Met Council and got
representatives on the Transportation Advisory Board (TAB).
They had a lobbyist in Washington in addition to one in Minnesota. They needed to have
someone who understood the federal process and who stayed in touch with the delegation. In MN, they
created reasons to bring out the state transportation committees and also circulated a bulletin among
ALL legislators. It was important to stay focused so the Coalition selected 3 projects to finish as their
goal. It was important to get elected officials to be accountable at the state level.
The discussion then shifted to the 1-494 corridor. Corrigan commented that Mn/DOT is focusing
their efforts inside the 1-494/1-694 ring. Senness indicated that this creates a dilemma for those
communities outside the ring when they are doing their comprehensive plans. These communities won't
be able to support the growth with infrastructure and other services that this access provides.
Corrigan stated that Mn/DOT is still committed to toll roads. Elam wondered whether they are or
would consider rebuilding 1-494 as a toll road. Corrigan added that in order for toll roads to be a serious
option, the state legislature and the governor need to provide leadership. Thorfinnson remarked that
there was little interest in the toll road debate by the business community.
The challenge with the business community, according to Corrigan, is to identify the
appropriate persons to deal with. Make the case to the facilities managers and the transportation
managers who deal with the daily movement of goods and people.
The next speaker was Craig Yolitz of the Wakota Bridge Coalition. Yolitz started out by
saying that it is extremely important to keep Fred Corrigan involved with your organization. He is a
valuable source of information and can alert your group to opportunities to get your message out.
The Wakota Bridge Coalition was formed in the early 1990's. It was and continues to be driven
by the business community. Membership includes 3 counties, surrounding cities, chambers of commerce
and businesses. There are approximately 80,000 commuters crossing the bridge every day and this has a
direct impact on businesses located near the area. In fact, West Publishing went to a policy of staggered
shifts to try and give employees who commute across the bridge some relief. West's interest in the
bridge is also why Yolitz is able to spend so much time working on Coalition business. The MIS for the
r - 3a
bridge was completed this past summer and work is beginning on the EIS. The underlying problem is
that there is no funding dedicated to this project.
Lindahl asked how to deal with the funding issue. Yolitz responded that one tack they are
taking is to hire a DC lobbyist to lobby for them during reauthorization of ISTEA. They do not have a
lobbyist at the state level; instead, the Washington County lobbyist works on furthering the project at
the state level. The area's state legislators are also aware of and involved with the project.
Yolitz also stated that support at businesses needs to come from the bottom up - which means
the employees directly affected. In addition, all the communities around the bridge are involved.
Elam commented that that is the benefit of having a single focus. Yolitz also suggested that stressing
safety issues has been an important factor for them. It has a rippling effect beyond the immediate
area.
Joyce Henry remarked that both projects discussed had county involvement and wondered
whether or not the Commission should be getting more input and involvement from Hennepin County.
Corrigan turned the discussion to a meeting held at the beginning of the month that involved 7
groups who are involved with major infrastructure projects. The purpose was to identify, if any, common
themes among the groups and determine if acting together could yield some benefit. He remarked that
the economy that's driving the needs on I494 isn't paying for it. Regular revenue won't pay for major
projects so it's time to look at alternatives including bonding. The group is meeting again on December
4th to discuss additional possibilities.
As a final word of advice, Corrigan suggested getting Jim Ramstad more involved, or at least
educated, on this issue.
VII. Other Business. Due to the length of the meeting, Lindhahl moved and Larsen seconded that we
table agenda item number 5 and any other business to the next meeting. Motion carried.
VIII. Next Meeting/Adjournment. The next meeting was set for December 18,1996. The meeting was
adjourned at 11:00 am by Mayor Tierney.
DATE: December 16, 1996
TO: Kathy Lueckert, Assistant City Manager
FROM: Fred G. Moore, P.E., Director of Public Works `7
SUBJECT: PETROLEUM TANK RELEASE SITE FILE CLOSURE
PLYMOUTH MAINTENANCE FACILITY
14900-23 RD AVENUE
You have received a copy of a letter dated December 9, 1996, from the Minnesota Pollution
Control Agency on closure of the petroleum tank release at the Plymouth Maintenance Facility,
14900 - 23'd Avenue. This letter of closure states that they have determined that our method of
cleanup has adequately addressed the petroleum tank release at this site.
In 1991 and 1992, the City reconstructed our Maintenance Facility. Some portions of the
existing building were remodeled, some portions were removed, and there was a large building
expansion with the project. Also, the fueling facility for all City vehicles was replaced as part
of the project.
During demolition of that portion of the building which was previously the vehicle repair shop,
it was discovered that an underground settling tank had been leaking. Also, when the fuel
tanks were removed and replaced, it was discovered that there had been leakage from the fuel
tanks. The leakage from both of these areas created contaminated soil which had to be cleaned
up. This was a very low level of contamination.
The City received approval as part of the cleanup process that the soils were to be stored at the
site and let natural conditions remove the contamination. The letter received from MPCA is
the final clearance stating that all contaminated soil has been cleaned up and treated properly.
Please let me know if there are any questions on the release from the Minnesota Pollution
Control Agency.
\\Cityyly\vol I \ENG\GENERAL\P W KS\MEMOS\petrotnk. doc
December 9, 1996
Mr. Tom Vetsch
Minnesota Pollution Control Agency
Public Works Department
14900 23rd Avenue North
Plymouth, Minnesota 55447
RE: Petroleum Tank Release Site File Closure
Site: Plymouth Municipal Garage, 14900 23rd Avenue North, Plymouth
Site ID#: LEAK00004362
Dear Mr. Vetsch:
We are pleased to let you know that the Minnesota Pollution Control Agency (MPCA) Tanks and
Emergency Response Section (TERS) staff has determined that your investigation and/or cleanup
has adequately addressed the petroleum tank release at the site listed above. Based on the
information provided, the TERS staff has closed the release site file.
Closure of the file means that the TERS staff does not require any additional investigation and/or
cleanup work at this time or in the foreseeable future. Please be aware that file closure does not
necessarily mean that all petroleum contamination has been removed from this site. However,
the TERS staff has concluded that any remaining contamination, if present, does not appear to
pose a threat to public health or the environment.
The MPCA reserves the right to reopen this file and to require additional investigation and/or
cleanup work if new information or changing regulatory requirements make additional work
necessary. If you or other parties discover additional contamination (either petroleum or
nonpetroleum) that was not previously reported to the MPCA, Minnesota law requires that the
MPCA be immediately notified.
You should understand that this letter does not release any party from liability for the petroleum
contamination under Minn. Stat. ch. 115C (1994) or any other applicable state or federal law. In
addition, this letter does not release any party from liability for nonpetroleum contamination, if
present, under Minn. Stat. ch. I I 5 (1994), the Minnesota Superfund Law.
520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (612) 296-6300 (voice); (612) 282-5332 (TTY)
Regional Offices: Duluth • Brainerd • Detroit Lakes • Marshall • Rochester
Equal Opportunity Employer • Printed on recycled paper containing at least 10% fibers from paper recycled by consumers.
Mr. Tom Vetsch
December 9, 1996
Page 2
Because you performed the requested work, the state may reimburse you for a major portion of
your costs. The Petroleum Tank Release Cleanup Act establishes a fund which may provide
partial reimbursement for petroleum tank release cleanup costs. This fund is administered by the
Department of Commerce Petro Board. Specific eligibility rules are available from the Petro
Board at 612/297-1119 or 612/297-4203.
If future development of this property or the surrounding area is planned, it should be assumed
that petroleum contamination may still be present. If petroleum contamination is encountered
during future development work, the MPCA staff should be notified immediately.
For specific information regarding petroleum contamination that may remain at this leak site,
please call the TERS File Request Program at 612/297-8499. The "Leak/Spill and Underground
Storage Tank File Request Form" (TERS Fact Sheet #35) must be completed prior to arranging a
time for file review.
Thank you for your response to this petroleum tank release and for your cooperation with the
MPCA to protect public health and the environment. If you have any questions regarding this
letter, please call me at 612/297-8580.
Sincerely,
64 -
6Y� Chris McLain
Project Manager
Cleanup Unit 1
Tanks and Emergency Response Section
CM:smm
cc: Greg Lie, Hennepin County Solid Waste Officer
Laurie Ahrens, Plymouth City Clerk
Richard Kline, Plymouth Fire Chief
Tony Becker, GME Consultants
Minnesota Department of Commerce Petrofund Staff
T-4
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447
DATE: December 20, 1996
TO: Mayor and City Council
FROM: Kathy Lueckert, Assistant City Manager
SUBJECT: Report on Suburban Alliance Dissolution
The dissolution of Suburban Alliance proceeds on schedule. The agency will
cease operations on January 31, 1997. We have received 19 of 21 resolutions expressing
the intent to dissolve from the member joint powers cities (we are currently missing
resolutions from Medina and Mound). Discussions are underway about the future of
human services planning and coordination in western Hennepin County.
Many difficult issues have been resolved in the last months. The most significant
is a settlement with the landlord, achieved with the assistance of the Suburban Alliance
Board. The landlord released Suburban Alliance from the lease in consideration of a
payment of $38,000, which represents the investment in leasehold improvements made to
the property for Suburban Alliance. This settlement is wonderful news, given that the
obligation could have been more than $130,000.
Because of the resolution of the lease question and several other issues, we can
now give you the amount of Plymouth's obligation to close down the agency and pay the
existing debts. The total final amount is $110,000, which is $20,000 less than our
original projections. Plymouth's share of this is $16,346. The 1997 budget includes
funding for the entirety of this obligation. Here is a breakdown of the $110,00 number:
1995 Debts
Emergency Service Providers $37,328
FEMA 4,734
Twin Cities Voice Mail 7,545
Jobs Now Coalition 700
Subtotal $50,307
Final Lease Agreement $38,000
1996 Operating Deficit 6,500
Subtotal $94,807
Contingency
TOTAL
15,193
$110.000
'L4b
The attached spreadsheet shows the obligation of each of the joint powers cities.
A few comments on the final calculation, in particular the contingency. The contingency
number consists of $5,193 for legal fees, and $10,000 to accommodate an anticipated
revenue shortfall. The following provides more detail on these two items.
• Legal Fees. One remaining outstanding issue is the final determination of the money
owed to Suburban Alliance from Community Builders, a spin-off organization of
Suburban Alliance. The amount owed is $40,000; however, it is unlikely that
Community Builders can afford that amount. Suburban Alliance and Community
Builders have not yet reached an agreement to resolve the debt. It may be necessary
to initiate legal action to recover some or all of the amount owed, hence the legal fees
number in the contingency. When an agreement or legal settlement is reached and the
money is received, joint powers cities will receive a partial refund.
Revenue Shortfalls. Several joint powers cities (Excelsior, Loretto, Long Lake,
Minnestrista, Mound, and Tonka Bay) have not made their 1996 contribution to
Suburban Alliance or only made a partial contribution. This is a major factor in the
1996 operating deficit of $6,500. In addition, several cities (Long Lake, Loretto,
Minnestrista, and Mound) have indicated a hesitation to pay their share of the close-
out costs because of questions about membership status in Suburban Alliance. The
contingency includes $10,000 in anticipation of not receiving funds from these cities.
We continue to investigate the membership questions and the possible legal
implications. If the contingency funds are not needed, the joint powers cities will
receive a partial refund.
One final action will be necessary, and that is for the city council to pass a
resolution dissolving the joint powers agreement. This will occur after the first of the
year. Also in January, discussions will begin in earnest about what structure, if any, will
take the place of Suburban Alliance.
Please give me a call should you have questions, 509-5052.
Sheetl
Suburban Alliance Member Jurisdictions—Close-out Obligation's
12117/96
City Name
~Population 1%
of Total,
of 110K
Deephaven
3621
1.88
; $
2,062.64
Excelsior
23671
1.231
$
1,348.32
Hopkins
j 16536
8.56!
$
9,419.47
Independence
2952
1.53;
$
1,681.56
Long Lake
1951
1.01
$
1,111.36
Loretto
494
0.26:
$
281.40
Maple Plain
i 20941
1.08;
$
1,192.81
Medicine Lake
373
.191
$
212.47 1
Medina
36281
1.88!
$
2,066.63
,Minnetonka
505691
26.191
$
28,805.81
Minnetrista
i 37581
1.951
1 $
2,140.68
Mound
95921.
4.971
$
5,463.93
Orono
74441
3.85
$
4,240.35
.Plymouth
286961
14.86,
$
16,345.93
Shorewood
6613,
3.421
$
3,766.99
.Spring Park
1757
0.91,
$
1,000.85
St. Louis Park
I 43641i
22.60!
J! $
24,859.39
St. Bonifacius
1192;
0.62!
I $
679.00
Tonka Bay
1487!1
0.77'
$
847.05
.Wayzata
38601
2.00!
$
2,198.79
Woodland
4821
0.25'
!$
274.56
Total
193107!
100'
$110,000.00
Plymouth also is served by Northwest Hennepin Human Services.
The City contributes to both organizations based on 1/2 population.
Page 1
ML���o U P D A T E
t
MLC-
APPROVES
1, UPDATE 1996-9
DNESDAY, DECEMBER 11, 1996
ROAILD OF DIRECTORS
1997 LEGISLATIVE PROGRAM
The MLC Board of Directors approved the 1997 Legislative Program at its
October 16 meeting. The Legislative Program gives meaningful property tax reform
high priority for 1997. The Program states that the MLC believes, "...the property
tax system should be fair, equitable, simple and accountable." As guiding principles
for property tax reform, the MLC suggests the following:
any reform must be phased in over a period of years to ensure service levels
are not seriously disrupted;
the Legislature should provide flexibility for local units of government by
allowing them to levy back any reductions in state transfer payments; and
if property tax reform is enacted, TIF districts should be held harmless.
The Program also states that, if meaningful property tax reform is not adopted, the
current property tax system should be retained. The Board feels that tinkering with
the system only delays true reform measures. The 1997 Legislative Program also
firmly states the MLC's opposition to a property tax freeze, as such a measure would
be tinkering rather than real reform.
As in previous years, the 1997 Legislative Program voices the MLC's opposition to
expanding the current fiscal disparities program. The MLC believes doing so would
exacerbate the problem of high property tax burdens on homes and businesses in
many MLC communities.
The complete 1997 MLC Legislative Program will be distributed to all MLC members
and the our legislative delegation at the 1997 Legislative Dinner. The Legislative
Program will also be included in your 1997-98 MLC directory, which will be mailed
to all members in late January.
The MLC Update is prepared by Robert C. Renner, Jr. and Jennifer J. Peterson
Messerli & Kromer P.A., 145 University Avenue West, Suite 450, St. Paul, MN 55103
Telephone (612) 228.9757 Fax (612) 228.9787
MLC BOARD SETS DATE FOR 5a
1997 LEGISLATIVE DINNER
The Board of Directors has set Wednesday, January 29, 1997 as the date for the Thirteenth
Annual MLC Legislative Dinner. The dinner will be held at the Decathlon Club in
Bloomington immediately following the January Board of Directors meeting. All mayors and
city councilmembers from MLC cities will be invited, as will the MLC legislative delegation.
A social hour will begin at 6:30 p.m.; dinner will begin at 7:30 p.m.; and a program will begin
around 8:30.
During the program, MLC legislators will speak about issues of interest to MLC communities
that will likely arise during the 1997 Session. Following their comments, MLC members will
have an opportunity to ask the legislators questions.
We hope for another great turnout, as over the years this event has been both enjoyable and
informative. Please mark your calendars!
AHNNESOTA REVENUE DEPARTMENT
UPDATES HOMESTEAD PROPERTY TAX COMPARISONS
-Further proves the distortion of property taxes
relative to income
under the two-tiered rate system
In August, the Minnesota Department of Revenue released a study that compared property
taxes paid to income received. After reviewing this study, which was summarized in the
October 15 MLC Update, the MLC requested a more detailed analysis of the results. In
response to our request, the Minnesota Department of Revenue provided two computer
simulations that calculated property taxes paid relative to income separately for the Twin
Cities Metropolitan Area and Greater Minnesota. The chart on the following page illustrates
some findings of this new analysis.
The analysis reveals that 54% of wage earners living in. metro homes and 64% in non -metro
homes earn between $15,000 - $55,000 (296,244 homes in the Metropolitan Area and 264,100
homes in Greater Minnesota). Yet the average Metropolitan Area property tax is 80% higher
at incomes between $15,000 and $25,000; 75% higher between $25,000 and $35,000; 73%
higher between $35,000 and $45,000 and 61% higher between $45,000 and $55,000. In fact,
there is not one income level where the property tax paid in the Metro Area is equal to or
lower than that paid in Greater Minnesota. The smallest disparity is at the income level of
$75,000 to $85,000, at which property taxes are 57% higher in the Metropolitan Area. It
should be noted that all of these differences exist after the property tax refund has been
applied;without the circuit breaker they are even more pronounced. The higher tax burdens
in the Metropolitan Area are caused primarily by the two-tiered system, which penalizes
homeowners with homes valued at $72,000 or more. The m.1jority of Minnesota homes with
that value are in the Twin Cities. In fact, the Revenue Department study concluded that
70% of the homes in the Metropolitan Area exceed $72,000 in value, while 77% of the homes
in Greater Minnesota are valued less than $72,000.
fri
O
00
o
cl
fa
t-
4&
m
4&
w
co
c
6s
I`
N
r+
6s
M
10
ct
-ca
wm
r►
dt
Asa
Co
co
�
6s
0o
.-i
40
M
cq
-
N
io
N
cq
v
a
40
M
00
w
CV
4a
r -I
co
m
GV
Va-
40
co
-'
c6
t o
M
-
m
M
tea
r -I
""
w
M
ria
O
LO
t-
M
Va-
0
t-
m
M
Aa
M
o
w
.4
4a
z�
tfJ
LO
o
00
00
to
m
uO
o
0
11��1I Y��11cd
00
O
N
O
w
M
r -I
M
in
N
r-4
N
+-4
M
N
N
O
O
rl
�i 1ri E
•--I
r -I
m
w
N
N
0
M
w
w
0
N
t-
N
N
00
t-
r -I
r -I
E
00
o
cl
fa
t-
4&
m
4&
w
co
c
6s
I`
N
r+
6s
M
10
ct
-ca
wm
r►
dt
Asa
Co
co
�
6s
0o
.-i
40
M
cq
-
N
io
N
cq
v
a
40
M
00
w
CV
4a
r -I
co
m
GV
Va-
40
co
-'
c6
t o
M
-
m
M
tea
r -I
""
w
M
ria
O
LO
t-
M
Va-
0
t-
m
M
Aa
M
o
w
.4
4a
tfJ
LO
o
00
00
to
m
uO
o
0
as
d'
d;
C�
w
M
Lc:
O
c7i
w
I`
`dam
N
w
w
w
M
t-
.-4
v
m
t-
w
O
d0
t-
r1
0
v
d.
O
i�
co
Cq
`r'
'O
o
rl
M
M
o
w
w
M
C
ctoo
N�
co
cq
000
co
,-�
m
•-4
ca
t-
ao
m
m
Cl
LO
M
eN
d�
LO
to
00
.-�
r -i
,--I
.--I
.--I
. -�
r-1
.-I
r -I
ci
ci
ti
z
Aa
eta
VD.
eta
Va
VD-
6%
eta
fa
fa
61D-
VBI
4a
6%
6%
4a
6%
C&
eR
an
0
0
0
0
0
0
0
0
0
0
0
0
0
0
as
0
0
0
0
0
0
0
o
0
o
o
0
O
0
Lr
--1
�••
O
�a
�O
�O
Lfj
LO
L6
ua
►O
►O
L6
O
,-I
�
. i
�
.-I
�
.-I
�
.�
�
�
M
�
►O
co
�
0o
a�
,-I
u�
LO
p
o
0
o
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Co
0
O
0
O
0
0
0
O
0�
,..,
O
o
►rS
►n
m
Lo
m
Lo
w
Io
m
o
maq
N
c` *
�
w0
w
In
4 a
ow
M
m
LO
�
co
o
I~
N
N
S
.-I
.-+
O
E
O
m
ti
w
t-
co
w
ti
of
ti
LOo
V9.to
to
o
w
o
cq
O
O
O
M
N
m
m
m
o
W
kO
MM
O
to
cq
,-a
ao
r+
co
t
co
10,N
-400
ter"
ci
•-+
�
ri
w
ti
-
er
�H
as
p,
p
00
o
cl
fa
t-
4&
m
4&
w
co
c
6s
I`
N
r+
6s
M
10
ct
-ca
wm
r►
dt
Asa
Co
co
�
6s
0o
.-i
40
M
cq
-
N
io
N
cq
v
a
40
M
00
w
CV
4a
r -I
co
m
GV
Va-
40
co
-'
c6
t o
M
-
m
M
tea
r -I
""
w
M
ria
O
LO
t-
M
Va-
0
t-
m
M
Aa
M
o
w
.4
4a
tfJ
LO
o
00
00
to
m
uO
o
0
d'
d;
C�
w
M
Lc:
O
c7i
w
I`
`dam
N
w
w
w
M
t-
.-4
v
m
t-
w
O
d0
t-
r1
0
v
d.
O
i�
co
c
,-i
C'
N
O
,1
M
M
00
co
0o
ti
co
v
cq
•-4
r -I
t-
ul�
cq
r -I
a
0
Cl
Co
Cl
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
o
0
o
o
0
O
0
Lr
--1
�••
O
�a
�O
�O
Lfj
LO
L6
ua
►O
►O
L6
O
,-I
�
. i
�
.-I
�
.-I
�
.�
�
�
M
�
►O
co
�
0o
a�
,-I
u�
LO
p
o
0
o
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Co
0
O
0
O
0
0
0
O
0�
,..,
O
o
►rS
►n
m
Lo
m
Lo
w
Io
m
o
maq
N
c` *
�
pq W
In
4 a
.-I
40
M
1-t
LO
co
N
w
0
.-I
,-I
.-4
.-I
.-+
O
E
..
,�
gra
rfa
<a
to
�
V9-
V9.to
Im
ria
ria
�
O
T -5a
WELCOME TO THE MLC!
The November 5 elections have added some new faces to both our city council and
legislative delegation membership. Below is a brief summary of MLC election results.
MLC City Council Elections
None of the MLC mayors was defeated in an election this year. However, there will
be three new mayors beginning next year. In Apple Valley, Mayor Will Branning was
elected to the Dakota County Board of Commissioners and will be leaving his post.
In January a new mayor will be appointed by the city council. Edina Mayor Fred
Richards chose not to run for re-election, and Councilmember Glenn Smith was
elected as the new mayor. Councilmember Smith's council seat will be filled by
appointment in January. Shoreview Mayor Jim Chalmers also chose not to seek re-
election, and will be replaced by Sandy Martin who was elected last month.
City council elections in Eagan, Eden Prairie, Plymouth, Shoreview and Woodbury
have changed our city council membership. New council members are listed below:
EAGAN
Bea Bloomquist was elected, replacing Shawn Hunter.
EDEN PRAIRIE
Sherry Butcher-Younghans was elected to fill the position vacated by Patricia
Pidcock.
PLYMOUTH
Tim Bildsoe was elected, replacing David Anderson; Saundra Spigner has replaced
Nicholas Granath; and Judy Johnson was elected to the seat most recently held by
Chuck Lymangood.
SHOREVIEW
Blake Huffman and Ady Wickstrom were elected to positions vacated by Jim Olson
and Ben Withhart.
WOODBURY
Douglas Fischer was elected to replace Lee Slagter.
/ L, ".. 67 a
Legislative Elections
The November 5 elections also slightly altered our legislative delegation. While no
incumbent MLC legislators were defeated, five legislators chose not to seek re-
election. Senator Phil Riveness (DFL -Bloomington), Senator Ted Mondale (DFL -
Minnetonka), Senator Kevin Chandler (DFL- Maplewood), Representative Walt Perlt
(DFL -Maplewood & Woodbury) all chose not to run for re-election to their legislative
seat. Representative Steve Kelley (DFL -Minnetonka) vacated his House seat to run
for Senator Mondale's open Senate seat. New MLC legislative delegation members
are listed below.
SENATE DISTRICT 40
Dave Johnson has replaced Phil Riveness.
SENATE DISTRICT 44
Steve Kelley was elected to replace Ted Mondale.
SENATE DISTRICT 55
Chuck Wiger filled Kevin Chandler's vacated seat.
HOUSE DISTRICT 44A
Betty Folliard was elected to replace Steve Kelley.
HOUSE DISTRICT 57A
Nora Slawik replaced Walt Perlt.
A complete list of the MLC legislative delegation will be included in your 1997-98
directory. If you have questions about any other 1996 election results, please contact
Jennifer Peterson at 228-9757.
JJP jjp:8043_1.W51e
IT _6b
_ ��^FRIDAYFAX vol. l,No W
Cit a a"Ja .. A weekly legislative update from the League of Minnesota Cities I)ecombcr 13,1996
Commissioner of Revenue criticizes city levies
City officials bristle at content, tone of letter
Many of you have seen a letter sent
by the commissioner of Revenue to
all mayors that chastised city officials
for the proposed levy increases for
1997. According to Commissioner
Jim Girard, " I cannot understand why
cities are allowing this explosion of
public spending to take place when
the levy reports indicate that other
units of government are doing a better
job than cities in holding the line on
property .M
The commissioner's letter states
that city property taxes are proposed
to increase by 8.2 percent in 1997.
This compares to county levies that
are proposed to increase by 4.6
percent, townships by 2.3 percent,
special taxing districts by 1.5 percent
and school districts by 4.0 percent.
Aren't these only proposed
levies?
Bingo. Understate law, cities
must specify the maximum property
tax that they will levy for the upcoming
year. These levies are not final. In
fact, during the 1996 budget cycle,
cities reduced their preliminary levy
increases from 6.9 percent to 5.1
percent.
Are the figures accurate?
Yes and no. The preliminary
levies as certified on September 15
did show an increase of slightly more
than 8 percent over the 1996 levels.
However, the figures do not account
for a number of significant factors that
distort the percentage increase for
cities. For example, several cities in
the metro area were authorized to opt
out of the metro transit property tax
and levy their own taxes for transit
operations. Although the impact of
this change will be a wash for taxpay-
ers, it will appear that city levies are
increasing by $7.8 million while MCTO
levies are decreasing. This alone
reduces the increase in city levies to
about 7.0 percent.
Other events such as the annex-
ation of Frankfort Township by the city
of St. Michael are not considered.
The city's population more than
doubled under the annexation and the
city's levy increased substantially.
However, no offsetting adjustment
was made by the Department of
Revenue.
Aren't there perfectly justifiable
reasons for levy increases?
We have heard from cities that
they are increasing their levy to
finance wastewater treatment im-
provements or to upgrade roads for
major business expansion. if your city
has an interesting story to tell, please
contact the Eric Willette at the League
as well as your representative and
senator.
If these levies are preliminary,
why the letter?
We cannot be sure. Last year,
city officials received a similar, but
less confrontational letter from the
former commissioner of revenue
criticizing the proposed levy in-
creases for 1996. When the dust
settled, the final certified city levy
increases were reduced by 25
percent. In addition, the remaining
increases were actually within the
price of government targets, even
though the POG targets are actually
non-binding and not intended to apply
to individual cities.
What about the state's surplus?
The recent state forecast indi-
catedthat the state would have a $1.4
billion surplus by the end of the 1998-
99 biennium. This surplus includes
$330.5 million in new tax revenues for
fiscal year1997. Although the
Commissioner criticizes cities for
capitalizing on property tax base
growth, the state in fact is generating
all of its tax revenue increases from
growth in the state tax base.
We are continuing to analyze the
letter and plan a detailed response
next week.
For more information on city legislative issues, contact any member of the League of Minnesota Cities Intergovernmental Relations team.
T'd S3I1i0 NW 30 3f19d3l Wd9e:S0 96, 6T 03a —
Plymouth
A newsletter from the City of Plymouth Inspection Division, December 1996
New fee schedule takes effect in 1997
he Plymouth City Council adopted the building permit fee schedule
published in the 1994 edition of the Uniform Building Code (UBC).
The fee schedule has two phases. The first phase went into effect Jan.
1, 1996. The second phase goes into effect at the start of 1997.
Phase one represented 50% of the increase. The second phase, which will
become effective on Jan. 1, 1997, represents the remaining 50% increase. This
will complete the implementation of the 1994 UBC fee schedule.
Permits issued after the close of business on Dec. 31, 1996, will be subject to
the new 1997 fee schedule. Enclosed is a copy of the adopted building permit
fee schedule for 1997.
Met Council to increase SAC charge
The Metropolitan Council Environmental Services (MCES) division has
approved the Sewer Availability Charge (SAC) rates for 1997. The base SAC
unit will increase from $900 to $950 beginning Jan. 1, 1997. Permits issued
after the close of business on Dec. 31, 1996 will be subject to the increased
rate. While the City of Plymouth collects the charge for MCES, it is not a City
charge.
Council to consider
zoning ordinance
The Plymouth City Council will
consider adopting a new Zoning
Ordinance on Dec. 18. If adopted,
the new ordinance will take effect
upon passage. Details of the
Zoning Ordinance will be
discussed at the annual Spring
Builders Luncheon. If you have
questions in the meantime, please
contact the Planning Division at
509-5450.
AF
a1
■� to
Do it right: Take precautions for cold weather building
soil placement. In addition,
interior footings or footings
designed without frost protection
should be extended below frost
depth unless adequate precautions
are taken to prevent frost.
Frost presents a constant problem
for construction. Because frozen
soils expand due to moisture, the
Inspection Division strongly
recommends that frozen soils
never be used as fill material. For
the same reason, we recommend
that fill soils not be placed over
frozen materials. Limit excavation
to the amount of work that can be
accomplished and protected from
freezing temperatures in one day's
time.
After excavation, check trenches
to make sure that all frozen
materials have been removed. Do
not delay pouring concrete. Cover
the newly placed footing
immediately to maintain the heat
of the concrete.
Keep the concrete covered until
set. This generally takes two days.
Thereafter, the footings can be
stripped and the construction
continued, assuming a heated
environment is being supplied.
Both interior and exterior
backfilling operations should be
completed before temporary
heating facilities are removed, or
during the time in which ambient
temperatures will permit effective
After the structure has been
enclosed, the Inspection Division
staff recommends that all floor
slab areas receive enough heat to
allow the soil system to thaw.
Periodically check the floor slab
areas of frost and in -placed density
prior to slab placement.
-Sc,
Temporary use of liquid propane gas containers
ow that the winter season
is finally upon us, the
Inspection Division staff
has begun to see the temporary use
of liquid propane gas cylinders at
various construction sites
throughout the city. To ensure the
safety of workers, inspectors and
responding fire personnel, our Fire
Inspection Division has developed
a policy for such temporary use.
Requirements set forth in the
policy include:
• If L.P.G. is used as fuel, all
tanks, whether in use or in
storage, shall not be allowed
inside of any structure.
• All tanks, whether in use or in
storage, must be in an upright
position, secured and protected
from physical damage.
Protective collars must be on
all tanks whether in use or
storage. If exposed to possible
damage or rupture, all piping
and hose (inside or outside of
the building) must be
protected and installed to
ensure that no damage occurs
to the pipe, hose, and fittings.
• All hosing from the L.P.G.
tank to devices in the building
shall not extend through any
door openings.
• A fully charged 10 pound
ABC dry chemical fire
extinguisher must be readily
available for any work using
an open flame device at a
construction site.
Copies of the policy are available
at the Inspections office.
Violations of any of the above
requirements may result in
citations being issued by our
Public Safety or Fire Department.
Building Inspection Division
509-5430
Inspection requests
509-5449
Permit information
509-5430
Building Official, Joe Ryan
509-5431
Plymouth
Asst. Building Official, Don Munson
509-5436
Builder
Plans Examiner, Bob Rood
509-5442
Building Inspectors:
The Plymouth Builder is
Amie Rasmusson
509-5437
published by the City of
Bill Tonn
509-5441
Plymouth to share information
Karleen Lutter "
509-5435
with contractors and developers
Glenn McLearen
509-5434
working in Plymouth.
Chris Land
509-5439
Let us hear from you! If you
Plumbing Inspector:
have any questions or
Don Kilian
509-5438
comments, call Building
Official Joe Ryan at 509-5431
Fire Inspectors: `
or drop us a note.
Stan Scofield
509-5443
Bob Fiske
509-5444
Housing Inspector:
Warren Kulesa
509-5445
1997 BUILDING FEE SCHEDULE
(b) Building Permit Fees. The following schedule of building permit fees
shall remain effective until revoked by action of the City Council.
Total Valuation Fee
$1.00 to $500.00 $22.00
$501.00 to $2,000.00
$22.00 for the ' first $500.00 plus $2.75 for
each additional $100.00 or -fraction thereof,
to and including $2,000.00.
$2,001.00 to $25,000.00
$63.00 for the first $2,000.00 plus $12.50
each additional $1,000.00 or fraction
thereof, to and including $25,000.00.
$25,001.00 to $50,000.00
$352.00 for the first $25,000.00 plus $9.00
for each additional $1,000.00 or fraction
thereof, to and including $50,000.00.
$50,001.00 to $100,000.00
$580.00 for the first $50,000.00 plus $6.25
for each additional $1,000.00 or fraction
thereof, to and including $100,000.00.
$100,001.00 to $500,000.00
$895.00 for the first $100,000.00 plus $5.00
for each additional $1,000.00 or fraction
thereof, to and including $500,000.00.
$500,001.00 to $1,000,000.00
$2,855.00 for the first $500,000.00 plus
$4.25 for each additional $1,000.00 or
fraction thereof, to and including
$1,000,000.00.
$1,000,001.00 and up
$4,955.00 for the first $1,000,000.00 plus
$2.75 for each additional $1,000.00 or
fraction thereof.
4C 1
Association of
Metropolitan
Municipalities
December 13, 1996
TO: Mayors
agers/Administrators
" PROM: *71,M Pctcrson, Executive Director
RE: Vacancies on AMM Board
BULLETIN
BOARD OF DIRECTORS VACANCIES - NOMINATIONS SOLICITED
There will be three vacancies on the AMM Board effective in January of 1997. Mayor
Bev Schultz of Bayport, Mayor El Tinklenberg of Blaine, and Councilmember Kirk
Schnitker of Champlin are leaving city office at the end of 1996. The officials selected
to fill these vacancies will serve the balance of the terms and then will be eligible for
re-election. (Two terms end in June of 1997 and the other ends in June of 1998).
The AMM Board consists of 19 city officials and is responsible for the overall
direction of staff, approval of the annual budget and work program, establishment of
the annual dues schedule, determination of yearly legislative priorities and
appointments to the Transportation Advisory Board (TAB), Technical Advisory
Committee (TAC), the Metropolitan Radio Board and the Metro GIS Policy Board.
The Board meets the second Thursday of each month at 7.00 p.m.
Nominations are solicited from all parts of the metro area and can be either elective or
administrative officials.
Action requested
The nominations should be in written form, including a brief resume of the nominee,
and should be sent to the attention of Vern Peterson. Nominations should be received
in the AMM office by no later than Monday, December 31, 1996.
Please call Vern Peterson at 215-4000 should you have questions or want more
detailed information. Thank you.
14S University Avenue West
Int Paul, Minnoota Dq-2D44
(611) "S-4NO
Fax 2Ss-n99
tPublished Sunday, December 15, 1996
-.1 v«.�r
Budgets in the fastest-growing city,
county go up, up, up
Mike Kaszuba and Mark Brunswick / Star Tribune
Star Tribune Online The mayor of Minnesota's fastest-growing city paused the other
day to ask whether anyone had any questions.
Metro
The subject was property taxes -- but anyone was free to
wonder about the direction Woodbury was headed.
Only one person, meekly inquiring why the city's recreation
department budget was going up 29 percent, came forward.
"They're growing so fast here, I'm sure they're not able to keep
a handle on this growth," JoAnn Scarrella, a townhouse owner
whose property taxes are going up $213.84, said afterward.
"They're working real hard at it, but it's just overcoming them."
As another budget season approaches, many of the Twin Cities'
fast-growing cities and counties are trying to balance their
appetite with the consequences of growth.
In many ways, it appears to be a struggle, especially for
Woodbury and Washington County, the fastest-growing city
and county in Minnesota. Together, the pressures they're facing
can be found nowhere else.
In Woodbury, dog licenses -- more people means more dogs --
are up by 300 this year.
There are 185 new street lights in the city, with each costing
$5.45 a month to operate, and 48 miles of new streets since
1990.
They're grading the new $3.85 million city golf course and are
getting ready to approve a 59 -unit townhouse project that
Rottlund Homes wants to saddle alongside it.
Vickie Braman is the newest police officer, the 15th person
added to the department in just over five years.
That kind of growth has put Woodbury and Washington
County on the cutting edge -- though not everyone is
comfortable with being there.
-r- s Q.,
Trying to keep up
With 175,000 people in 1995, and 20,000 more moving in by
2000, Washington County's attempt to stay ahead is
symbolized by two projects. The county will build a $1.7
million library in Oakdale on the grounds of a new
elementary/middle school, replacing space it had been
renting in the Bergen Plaza shopping center.
This year, the county also bought the 579 -acre Ceridian
Foundation recreation area in Denmark Township, including
three-fourths of a mile of St. Croix River frontage, to preserve
as a public park.
Dave Engstrom, the County Board's chairman, hailed the
purchase as a victory over developers, who had offered the
foundation more money for the land.
But it is people needs -- in this case, health and community
services -- that will drive the county's $101.4 million budget
next year.
The health and community services budget will rise by $2.2
million next year and account for 34 percent of Washington
County's total budget.
In response to the growth in families, the county's child-care
licensing and child-care services areas will add two workers.
Day-care licensing officials have 275 cases apiece, nearly
double the average of other metro and comparable counties.
On one hand, the county's exploding addition of homes and
businesses, which broadens the property -tax base, has allowed
Washington County and Woodbury to keep their tax rates
stable, or even allowed them to be lowered.
Surging property values
The continuing surge in home values allows the city and
county to collect more property -tax money without raising rates.
The county has seen a 5 percent increase in home valuations
from 1995 to 1996 and double-digit increases in some areas,
such as Baytown Township (31 percent), Lakeland Shores
(12.3 percent) and West Lakeland Township (14.7 percent).
Woodbury and Washington County can argue that it is the
schools, which are struggling with their own growth problems,
that account for a larger share of a homeowner's property -tax
bill.
For a Woodbury homeowner, just 45.2 percent of the 1996
property -tax bill consists of city and county taxes; most of the
remainder is levied for schools.
All the growth comes at a price, as Stillwater residents Dick
'and Mary Emanuelson discovered at the county's
truth -in -taxation hearing last Tuesday.
The Emanuelsons wanted to know why the value of their
138 -year-old home on S. 2nd St. increased to $87,100, up by
$9,800.
The increase means $200 a year more in property taxes for the
retired couple, who have lived in the house for 30 years.
"We haven't demolished it and replaced it; we put on a deck
two years ago," Mary Emanuelson complained.
"It is an extremely popular place to be -- anything near the river
or any waterfront property," said Engstrom, the County Board
chairman.
"It's hard for some of the old-timers," said County Board
Member Wally Abrahamson, a former Stillwater mayor.
"When someone sells a home for $200,000 in your
neighborhood and you have a $100,000 home, it's sad to say, it
does something to people who haven't done anything," he
continued. "This hurts the older people. It's reaching the point
where you can't live in your own home because the values are
going up."
It's the nuts and bolts of hurriedly building a city -- Woodbury
will grow by 30 percent, to 40,500 residents, between 1995 and
2000 -- that is driving the city's 1997 budget jumps.
There'll be seven new full-time employees, including two in the
Police Department. There are now 24 traffic lights in the city --
there were five in 1990 -- and more are on the way.
"If we look at a couple of the factors that are driving the
budget.... [one] that would be primary is the growth in the
city," City Administrator Barry Johnson said in explaining the
city's $12.5 million budget last week to council members.
A $310,600 home in Woodbury Pines, one of the city's pricier
subdivisions, will see the city's share of its property taxes inch
upward from $1,235 last year to $1,288 next year. Most of the
jump will be because the house, valued at $291,200 a year ago,
has gone up in value by $19,400 in the past year.
More to patrol
On Woodbury's streets, Sgt. Mike Pepin sees the growth in
different terms -- with more people, there are more homes to
patrol.
"This intersection," he said, pushing his squad car through one
of the city's major intersections on Radio Dr., "was a four-way
stop when I started."
That was five years ago, and Pepin, at age 29, has moved up
the ranks of the growing department to become a sergeant. The
city already plans to expand police headquarters, which only a
few years ago occupied the basement of City Hall. The
department now has its own building.
"Growth has been an unbelievable benefit to me," Pepin said.
The city wouldn't have needed another police sergeant without
the surge, he said.
For all of the department's growth, though, crime remains
muted, and one of the biggest chores remains answering
malfunctioning security alarms on $400,000 homes.
A busy night, like the night of Dec. 3, left police facing a house
fire, breaking up a small prostitution ring at a motel, and
handling two traffic accidents with injuries and four domestic
assault calls.
"It's not overwhelming us," said Greg Orth, the city's police
chief.
For many in Woodbury, the focus these days is on the details of
growth -- as opposed to the acceptance of it.
The City Council, debating the approval of an ABRA Auto
Body and Meineke Muffler store last week, spent most of the
time making sure that wrecked cars would not remain parked
outside the building after 10 p.m.
When city officials met with residents to discuss a
three -quarter -mile extension of Lake Rd., the focus was on
drainage and landscaping. The $2.1 million project, scheduled
to be built next year, already is shown as completed on the
city's new maps.
-sem
"I don't think the traffic warrants the road yet," said Laurie
Miedt, who moved to Woodbury a year ago after her real-estate
agent told her it was the place to be. "[But] putting the road in
will [mean] a traffic light, so that'll be good. We'll get a light
out of it."
Metro
Star Tribune Online Le) Copyright 1996 Star Tribune. All rights reserved.
Z -S e.
Metro/State
Where the money is being spent
Here is an analysis of how the Twin Cities area's seven core counties
- and some of the fastest- growing large
cities within those counties - spend money on a per -capita basis. The figures, which exclude capital outlays, are
for 1994, the most recent year for which complete actual spending data is available.
The counties
Coon Rapids
Chanhassen
Lakeville
Anoka Carver Dakota Hennepin
Ramsey
Scott
Washington
General $80.64 $123.57 $9023 $70.58
$117.78
$159.78
$109.86
government
$10725
$41.83
government
Health & 10421 117.45 78.66 171.58
public
132.77
104.67
12914
safety
Health & 104.47
public
110.47
Highways 18.34 38.93 10,82 18.07
18.39
35.51
23.02
Public 189.41 185.38 162.59 323.96
welfare
327.41
142.95
131.09
Culture & 30.37 23.90 30.54. 18.50
recreation
2614
21.97
24.03
Misc. 43.77 1926 36.88 4.65
30.02
23.76
38.64
Total
55.54
169.42
Culture & 23.75
recreation
spender $466.74 ,: $508.49 $409.72 $607.34
$652.51
$488.64
$455.78
The cities
Coon Rapids
Chanhassen
Lakeville
Plymouth
Maplewood
Savage
Woodbury
General $5939
$5415
$39.00
$45A7
$66.04
$10725
$41.83
government
Health & 104.47
public
110.47
107.49
84.95
164.59
96.48
12027
safety
Street 4191
maintenance
7885
45.57
36.63
40.71
55.54
169.42
Culture & 23.75
recreation
46.96
2610
4286
49.48
47.47
62.77
I
economic 1619
12892
1125
27.01
10.44
-
1592
development
Misc. 53.07
766.52
5489
31.47
73.62
13920
88.55
Total
spending: S298.78
.$1,185.87
$284.30
5268.39
$404.88
$446.64
$498.76
Source: Minnesota Taxpayers Association
Star Tribune graphic
Metro/State
T
Driving the budgets
A look at the metro area's seven core counties - and some of the fastest-growing cities within those counties and how their budgets have grown in the 1990s.
ti
Typically, city and county spending make up only a fraction
homeowner's property tax bill In Woodbury, for example, a
the city
and county portions account for 452 percent of the tax bill in
1996, with the local school district accounting for 502 percent Anoka County
of the total and special tax districts, at 4.6 percent, making p u
the balance. Coon Ramsey
Rapids County
Wash -
Budget in millions of dollars Population in thousands
Count
r' -I, Iashington 196.8
$96� 0L4 �ounty
County
Mwoodbury 156.3 � wood
W�
Hennepin County
bury
$7.6 � 23.3 �'S Chanhassen
1992 1997 1992 1997 1992 2000** 1992 2000** Carver County
Driving the county budget: Solid Driving the Woodbury budget: savage
waste litigation, child care and child Added staff, more police Lakeville
support administration, new activity due to new shopping
Oakdale library and conversion of center, Scott County Dakota
and other growth County
Ceridian Recreation Area
issues
1992 budget 1997 budget Percent 1992 2000**
The counties (in millions)
Percent
(in millions
Anoka $1061 ) change (pop.) (pop.)
$151.4
change
What'sdrivin '97b +43 255,064 291,200
g , budget. Onetime trots of juvenile justice
+142
anter, opening ojme&um-security jaality `
Carver $29.76
$47.73 +60 50,914 63850
What's driving'47 budget Growth experienced in all department; plus increases due to
+25.4
ir;llation.
Dakota $146.36 $210.95 +44
Wharsdriving'97budget Socialservioeinc►eases,inctuding e' 290,443 346,700
y1or a for
+19.4
program the developmentallydisabled
Hennepin
P $1,033 $1,280
+24 1,047,206
What's driving'97 budget: Public safely makes up 14 percent of the budget for the fust time 1,098,150
+5.0
Ramsey $333.1 . $339.7 +2 490,258 509,830
What's driving'97 budget: Largest budget increase
+4.0
comes in solid waste management, a result of litigation,
Scott
$41.31 $44.88 +9What'sdriving'97 budgetReplenhing cash
61,960 79,740 reserves ktedI'tiro 1996fat' to
upgrades
8y
The cities
Coon Rapids $28.7 $37.6 +31 56,493 62,500
WhaeJ driving'97 budget.: New City hall
+10.6
and police station in 1996, increase in cityatttlfdue to growth
Chanhassen
$6.4 $101 +58 12,863 18,500
That's driving budget Issues related to 1p�at ion growth
+43 8
Lakeville* $6.3 $9.6 +52
What'sdriving'97 budget: Multtple fadoT.% issues relataito' 27,982 42,500
+51.9
lgpalat� gmwth
Plymouth $20.8
$281 +35
What's driving '97 budget: Growth -related ncludin _ , 53,781 61,500
g.11e ng far mare streets, water and
+14.4
sewer lines .
Maplewood* $101 $11.9
+18 34,000
up slightly due to in atLWhat'sdriving ,
.
+6.6'97bugtOpertonbudget
Savage* $41 $6.1 +49
What'sdriving'97budget. lr{ilafion us 11,775 19,000
plus growth including more police, parks, street lights
+61.4
and snowplowing.
' General fund budget any
** Metropolitan Council, preliminary unpublished estimates
Star Tribune graphic
NORTHWEST
COMMUNITY
TELEVISI
6900 Winnetka Avenue North
Brooklyn Park, MN 55428
(6 12) 533-8196
Z- sq
N E W S R E L E A S'E
For immediate release 12/23/96 For more information contact
Dave Kiser at 533-8196 ext. 247
CABLE 12 NEWS HONORED AS BEST REALLY
LOCAL NEWSCAST IN MPLS ST PAUL MAGAZINE
Each December, Mpls St Paul Magazine takes its readers on a tour
of the best of the Twin Cities. Among those honored was Cable 12
News in the category of best really local newscast.
Cable 12 is the only place northwest suburban residents can find
a newscast strictly devoted to the news of this area. Tune in
daily for professional, thorough coverage of local people,
places, and events and high school sports.
Have you been watching Cable 12 News? If not, maybe it's time to
see what you're missing. Turn to Cable 12 daily at 4pm or on the
half hour until 6:30pm and between 9:00pm and 11:00pm. Cable 12
is the one to turn to for the best in really local news.
- 30 -
Northwest Community Television's Cable 12 is part of King
Videocable's channel line-up in 60,000 northwest suburban homes
and covers local news and events happening in Brooklyn Center,
Brooklyn Park, Corcoran, Crystal, Golden Valley, Hanover, Hassan,
Maple Grove, Medicine Lake, New Hope, Osseo, Plymouth,
Robbinsdale, and Rogers.
Brooklyn Center • Brooklyn Park • Corcoran • Crystal • Golden Valley • Hanover • Maple Grove • Medicine Lake • New Hope • Osseo • Plymouth • Robbinsdale • Rogers
"! Published Friday, December 20, 1996
Met Council, amid doubts, adopts new
growth strategy
GOMike
Kaszuba / Star Tribune
Star Tribune Online
Ending nearly a year of debate, the Metropolitan Council on
"growth
Thursday adopted a options strategy" that will attempt
Metro
over the next half century to slow the rapid pace at which the
Twin Cities area is building outward.
�,�,,��,bb �,`��,,,,
JlJbbJ
The planning document, the first major attempt in more than a
D Atalg ance
decade to keep ahead of the region's urban sprawl, would
create a nearly 200,000 -acre "urban reserve" ringing the outer
edges of the Twin Cities that would serve as a boundary for
new urban development through 2040.
The growth strategy would gradually bring such far-flung
communities as Waconia, Lake Elmo, Farmington and Forest
Lake into the developed urban area, and would leave the areas
beyond the urban reserve as "permanent agriculture" or
"permanent rural" and presumably beyond the reach of
developers.
"In a perfect world, it would be better if we could draw a line
around the metro area to ensure that urban sprawl wouldn't
sprawl around that -- but it's beyond our power.... it isn't a
perfect world," said Roger Scherer, a council member from
Plymouth.
Most of the controversy over the strategy had in fact centered
on whether the Met Council, the primary planning agency for
the seven core counties of the metro area, had the regulatory
muscle to make it work.
Agency officials concede that the strategy's success will hinge
on getting the area's outlying suburbs, many of which are eager
to grow, to voluntarily agree to restraints on growth.
Bigger changes needed
And on Thursday, there were again reminders that even larger
changes would be needed. Curt Johnson, council chairman,
said that significant tax policy reform -- including the removal
of tax policies that are a "barrier to business" and that "dampen
the production of... affordable housing near job
concentrations" -- would also be necessary.
"It is clear," Johnson said in a statement, "that implementation
[of the growth strategy] will only be as effective as the tools we
have to work with."
The strategy's biggest problem, however, may be in
overcoming the region's -- and society's -- urge to move ever
outward and build homes on big lots. Agency planners said
they are counting on a scenario in which only 80,000 acres of
the 200,000 -acre urban reserve would be developed by 2020.
For that type of measured growth to happen, the outer -edge
suburbs would have to develop at a density of three units per
acre.
Currently, the metro area's newer suburbs are developing at a
density of one to two units per acre.
"In terms of new suburbs, the three is quite a stretch," said Bob
Mazanec, a Met Council planning analyst. "If we're successful,
that would be the kind of impact we would want."
In public hearings last month, many said they doubted that the
plan would succeed. Critics, in fact, said the new urban reserve
would probably be quickly consumed by developers and,
coupled with the existing undeveloped land already within the
metro area, would in effect double the size of the metro area in
just 45 years.
Blaming the council
Some directly blamed the Met Council, criticizing the agency
for not aggressively pushing for a light-rail transit system and
for endorsing a new bridge across the St. Croix River near
Stillwater that critics claim will spread the Twin Cities area's
urban sprawl into western Wisconsin.
The Alliance for Metropolitan Stability, a citizens' group
advocating less sprawl, also said a new agency report misstated
the public testimony over the growth strategy -- hundreds of
citizens commented on the plan over the past half-year -- by
characterizing it as being "generally positive."
"The majority of all citizens who testified at your hearings
consistently called for stronger measures," Russ Adams, the
group's director, stated in a letter to the council on Wednesday.
Some governmental groups even charged that the council's
growth strategy reversed earlier promises. Thomas Swanson,
growth strategy reversed earlier promises. Thomas Swanson,
the mayor of Greenfield, a small city on the northwestern edge
of Hennepin County, said the Met Council only a year ago had
agreed that the city could develop using a density of one
dwelling unit per 10 acres.
Now, he said, the new growth strategy placed the city in a
permanent agricultural area -- meaning densities would be
limited to one dwelling per 40 acres. "The City Council has
authorized me to protest ... in the strongest terms," the mayor
said.
For John and Joan Conzemius, farmers in Dakota County, the
concern ran the opposite way. On 82 acres that they farm, the
couple reminded the council in a letter, they're able to grow
enough sweet peas to fill 372,912 cans that sell for 87 cents
each on a supermarket shelf.
"We cannot," said the couple, "pour concrete and asphalt on
this land."
t � itul
Metro Atap-lance
Star Tribune online _0 Copyright 1996 Star Tribune. All rights reserved.
—I— s
a-�
Published Friday, December 20, 1996
a
lieAt a glance: Growth strategy The plan
e10n .,
would create an urban reserve, a
Star Tribune
Star Tribune Online At a glance:
40
Metro Growth strategy
The plan would create an "urban reserve," a nearly
200,000 -acre area ringing the outer edge of the Twin Cities that
gradually would be opened to development by 2040. For the
most part, suburbs would be asked to voluntarily adhere to the
development limits.
A "permanent rural" and "permanent agriculture" area also
would be created beyond the urban reserve. Densities in the
permanent rural areas -- East Bethel, for example -- would be
no more than one dwelling per 10 acres as an overall
community average. In permanent agriculture areas -- much of
Carver County, for example -- densities would be no more than
one dwelling per 40 acres.
Though details remain sketchy, the plan pushes the
Metropolitan Council to promote redevelopment in St. Paul
and Minneapolis, increase the region's dependence on mass
transit and lobby outer -ring suburbs to boost housing densities.
At the Legislature next month, the Met Council will, among
other things, ask for: incentives for employers to increase
subsidies to employees who commute by bike, bus or car/van
pools; tax breaks for businesses that locate near main transit
routes; an expansion of the cleanup of polluted sites,
particularly in Minneapolis and St. Paul, and $112 million for
more transit service over the next two years.
-- Source: Metropolitan Council
K_, Copyright 1996 Star Tribune. All rights reserved.
L " (o a
Helen LaFave
From:
Eric Blank
To:
Internet Contact
Cc:
Helen LaFave
Subject:
RE: New Recreation Center
Date:
Friday, December 13, 1996 2:48PM
Dear Jay:
Thank you for your E -Mail in regards to LifeTime Fitness. I will answer your last question first, which is we are
watching very closely what LifeTime is doing to assure that they follow the content of their agreement with the
City.
The Lifetime building is late for the same reasons the City's ice arena is behind schedule:
1. We lost 4 weeks to soil corrections during our best construction months.
2. The architect was behind schedule in preparing plans and specifications to be bid.
3. Because of the extremely busy economy at this time, the delivery of steel and other construction components
have been slow arriving at the construction site.
With regards to membership costs, the price was fixed by contract for 90 days only. After that, Plymouth
residents will get a 15% discount on whatever rates are being advertised in the metro area for the Lifetime
initiation fee. You should be receiving a letter very shortly from the Lifetime corporation talking about these
delays and what options you have.
Thank you for your interest in this matter. If you would like to discuss this further, please call me at 509-5201.
From: Internet Contact
Sent: Tuesday, December 10, 1996 3:48 PM
To: Eric Blank
Subject: FW: New Recreation Center
Eric -
The following is a message received via our Web site. I have acknowledged Mr. Helgrin's message via e-mail
and have informed him that you or someone from your staff will get back to him by Dec. 24.
Again, because these e-mail inquiries are being tracked, please be sure to copy me on your response so that we
may include it in both the tracking table and Council Information Memorandum.
Helen LaFave
Communications
From: JHelgren[SMTP:JHelgren@aol.com]
Sent: Tuesday, December 10, 1996 12:27 AM
To: contact
Subject: New Recreation Center
Page 1
I just wanted to write and voice my concerns regarding the new Life Time
Fitness center currently being built. When I signed up, under high pressure
to "act now", I was told the club would be open the first week in January.
Now I read that it won't be until spring. When did this change? What kind
of scam are they running? The other neighbors in our development feel the
same way. Life Time will have had our money for almost a year before it
opens. Add in the issue of the mysterious changing membership price(does
anyone really know what people were charged?), and I'm extremely frustrated
and skeptical!
Is the City doing anything to hold this outfit accountable for their actions?
I'd like to know what is being done. I hate being held hostage, because if
I drop my membership, "I'll never be able to get in again". Your thoughts on
this matter are greatly appreciated.
Sincerely,
Jay Helgren
2220 Comstock Ln
"Steeplechase"
Page 2
IL- Ga
Mayor Joy Tierney
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447
Dear Mayor Tierney:
3000 Black Oaks Lane North
Plymouth, MN 55447
October 228, 1996
Congratulations on your win in the recent mayoral election. My family feels you
are doing a great job as mayor of Plymouth, and are pleased you will be serving
another term.
I' d like to make a suggestion that would make the new Plymouth Community
Center and the Plymouth branch of the Hennepin County Library more safely
accessible to pedestrians and bikers who live south of Highway 55. Crossing
Highway 55 by foot or bike is a harrowing experience, and I am fearful every
time my fourteen -year-old announces that he's biking to the library. Could there
be a pedestrian overpass, or perhaps underpass, at Vicksburg and,55, or perhaps
County 24 and 55? I'm sure such an addition to our city bike trail system would
be greatly appreciated and create an atmosphere more friendly to those who
aren't traveling in automobiles.
Thank you for your consideration.
Sincerely,
_ J11,4
Karen E. Karn
551-0968
December 16, 1996
Karen Karn
3000 Black Oaks Lane N
Plymouth, MN 55447
Dear Ms. Karn:
CITY OF
PLYMOUTFF
You letter regarding trails in the downtown city area was forwarded to me for review and comment.
The issue you raised with regard to either an overpass or underpass along Highway 55 has been looked
at and discussed by city staff on numerous occasions. The topography of the property at the
Vicksburg and Highway 55 intersection is such that it would be very difficult to go under the highway
without having an extremely long tunnel to allow for going down and coming back up the grade
necessary to get underneath the road.
The estimated cost to go with an overpass is between $300,000 and $400,000. In order to meet A.D.A.
requirements for accessibility, a series of switch -back trails at a very minimal grade is required. The
track record in other communities, including the overpass in Golden Valley on Winnetka Avenue, is
that the kids would rather walk across the road at grade than take the time and effort to go up and back
down the overpass.
The Director of Public Works, Fred Moore, indicated to me that the cross walk at Highway 55 and
Vicksburg is set up to adequately and safely handle pedestrian crossings. It should be noted, however,
that you can and should only walk during the time when a walk signal is given to the pedestrian. In
order to get the walk signal, the button must be pushed to activate the sequencing in the lights to allow
for this series to take place. Once the Ice Center is open and we observe more people trying to cross
Highway 55 at Dunkirk, Vicksburg, and Niagara Lanes, we will be paying special attention to those
crosswalk situations to assure that they are safely able to be crossed.
Thank you for bringing this matter to our attention. If I may be of further assistance to you, you may
reach me at 509-5201.
Sincerely,
Eric Blank
Director of Parks and Recreation
cc Craig Gerdes, Director of Public Safety
Fred Moore, Director of Public Works
City Council
PLYMOUTH A 'Beau tifull'luce'To Live
3400 PLYMOUTH BOULEVARD - PLYMOUTH, MINNESOTA 55447-1482 - TELEPHONE (612) 509-5000
MINNESOTA Department of Revenue
T -
Commissioner's Office /. �, _ �_Y� St. Paul, Minnesota 55146-7100
December 11, 1996
Dear Mayor:
I am writing to express extreme concern b" -e proposed increase in city
property taxes for 1997. Levy reports submitted to the Department of Revenue
indicate that statewide total proposed property taxes, including referendum levies,
will increase by $202 million or 4.7%. Yet, total proposed city property taxes will
increase by $56 million or by 8.2 percent in 1997! If adopted, this increase would
be significantly greater than the 5.1 percent increase of last year. It would also
greatly exceed the projected rate of growth in city population and inflation, which
is estimated to be approximately 4.5 percent in 1997.
I cannot understand why cities are allowing this explosion of public spending to
take place when the levy reports indicate that other units of local government are
doing abetter job than cities in holding the line on property taxes. Specifically,
reports indicate that county levies will increase by 4.6 percent, township levies
will increase by 2.3 percent, property taxes levied by special taxing jurisdictions
will increase by 1.5 percent, and school district levies will increase by 4.0 percent.
It seems cities are taking advantage of recent growth in tax capacity which, for
taxes payable in 1997, is estimated to increase by 6.5 percent, statewide, and by
7.2 percent within city jurisdictions and I suspect much of this increase has been
fueled by recent increases in business property market values. For taxes payable
in 1997, market values for business properties will increase by an unprecedented
nearly 8 percent. Under this scenario, a significant share of the proposed levy
increase for 1997 will be paid by business property owners.
My concern is that your actions not only increase tax burdens on businesses, but
also for future tax burdens on homeowners. In the short run, many homeowners
whose property values have not increased or are increasing at a relatively slow rate
are being treated to a false sense of security. City governments, which are
proposing big levy increases this year, are doing their taxpayers a disservice over
the long run by this pretense. If the proposed tax increases are tied to long term
spending obligations and if market value growth continues to be volatile, then the
"unnoticed" tax increase in 1997 may, in the long run, result in higher tax rates in
the future when market value growth slows or declines. Those big levies will
hang out there, and as business values cycle down again, they will come crashing
back down on homeowners.
- over -
An cgiml npyor•timity cmploycr TDD: (612) 297-2196
December 11, 1996
Page 2
In addition, I would like to remind you that I, along with Governor Carlson,
strongly support the current price of government resolution which recommends
that total state and local government revenues decline from 18.2 percent of state
personal income during this current biennium to 17.8 percent for the FYI 998-99
biennium. Ultimately, the success of meeting these revenue targets depends on
voluntary compliance. However, the overall responsibility to ensure that the
targets are achieved rests with the Governor and Legislature. If city tax and
spending policies put the state in the position to cut back on its own spending in
order to meet the price of government resolution, then one of the first places we
will look to will be aid to local governments. Specifically, iresponsible tax and
spending decisions by city governments may lead the state to cut LGArd impose
direct limitations on the ability of cities to raise revenues.
I hope you share my concerns about the proposed city levy increases for 1997. 1
know your taxpayers will, once we explain the long term implications. I urge you
to hold your 1997 property tax levy increase to a responsible level and provide
city taxpayers with the relief they deserve.
Sincerely,
ames L. Girard
Commissioner
CIN OF
EDIN
MMMWM
2052 County Road 24, Hamel, MN
December 6, 1996
City of Plymouth
c/o Council Member Ginny Black
3400 Plymouth Blvd.
Plymouth, MN 55447-1482
Dear Ginny:
55340
Enclosed is a letter to the Metropolitan Council from the Medina City Council.
This letter was Medina's initial response to the Metropolitan Council's proposed
strategy for growth in the metropolitan area. Medina City Council member Ann
Thies requested that I send this to you. If you have any questions please call
me.
F
inson
City Clerk -Treasurer
ADMINISTRATION PLANNING AND DEVELOPMENT PUBLIC WORKS: 473-4643 / PUBLIC SAFETY: 473-9209
CITY OF
EDIN
2052 County Road 24, Hamel, MN
Metropolitan Council
Curt Johnson, Chair
230 East 5th St.
St. Paul, MN 55101
Dear Mr. Johnson:
55340
November 25, 1996
The Medina city council recently reviewed the Metropolitan Council's strategy for growth in
the Twin Cities metropolitan area, including its proposal to extend the Municipal Urban
Service Area to include a majority of Medina. We have been asked to comment upon the
plan prior to the Metropolitan Council's consideration of it in early December.
We disagree with the Metropolitan Council's view of the desirability and practicality of
urban development in our area but are unprepared at this time to make a detailed
response. For the present, the Metropolitan Council's plan is at significant variance with
the city's view of its future as reflected in its comprehensive plan.
Medina last amended its comprehensive plan in 1992 following a two year process. As a
part of this process Medina requested a small increase in the municipal service area along
T.H. 55. In return for this increase the Metropolitan Council required the city to adopt
numerous policies and ordinances designed to ensure rural development throughout the
remainder of the city. This included proof that a vast majority of Medina would never
develop at densities greater than 64 units per 640 acres. It seems ironic that less than
four years later the Metropolitan Council is advancing a plan which shows that 75 percent
of Medina will be developed at urban densities. This is not a change the city has
requested or finds desirable.
Medina, like other communities is under a statutory mandate to amend its comprehensive
plan within the next two years. During that time, we intend to review our plan and all
development related policies to ensure their consistency and that they reflect the vision of
the city council and the community. As a part of this process, the city will explain its goals
for development and the resulting plan will stand as the city's ultimate response to the
Metropolitan Council strategy for growth.
Since ,
l
Pao insoZn,Clearkjra�asurer
cc: Arne Carlson, Governor
ADMINISTRATION PLANNING AND DEVELOPMENT PUBLIC WORKS: 473-4643 / PUBLIC SAFETY: 473-9209
Minnesota Pollution Control Agency
December 19, 1996
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. John Mathews
AT&T
222 West Adams
Tenth Floor Suite 100
Chicago, Illinois 60606
RE: Petroleum Storage Tank Release Investigation and Corrective Action
Site: AT&T, 13320 15th Avenue North, Plymouth
Site ID#: LEAK00009635
Dear Mr. Mathews:
On September 12, 1996, the Minnesota Pollution Control Agency (MPCA) staff was notified that
a release of petroleum occurred from storage tank facilities that you own and/or operate at the
site referenced above.
A recent review of our files indicates that we have not heard from you whether you intend to
investigate and clean up the petroleum contamination at this site. We again ask that you respond
verbally or in writing to this letter and describe the status of your cleanup, or explain why no
action has been taken. You must respond within 30 days of receipt of this letter. Failure to do so
may result in reduced reimbursement from the Petrofund and/or enforcement action taken against
you by the MPCA.
If you have not already done so, we recommend that you hire a qualified consulting firm
registered with the Petro Board that has experience in conducting petroleum release site
investigations and in proposing and implementing appropriate corrective actions. A list of
registered contractors is available from the Department of Commerce. Please note that, under
Minn. R. pt. 2890.0075, subp. 2, you must solicit a minimum of two competitive proposals on a
form prescribed by the Petro Board to ensure that the consulting costs are reasonable. Questions
about bidding requirements should be directed to Petro Board staff. The telephone number for
the Department of Commerce and the Petro Board staff is 612/297-1119.
520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (612) 296-6300 (voice); (612) 282-5332 (TTY)
Regional Offices: Duluth • Brainerd • Detroit Lakes • Marshall • Rochester
Equal Opportunity Employer • Printed on recycled paper containing at least 10% fibers from paper recycled by consumers.
Mr. John Mathews
Page 2
December 19, 1996
If you have questions regarding the actions requested by the MPCA, or if you conclude that the
release is not from any tank which you have owned or operated, please call me at 612/297-8594.
Otherwise, I look forward to receiving your reply.
Sincerely,
Jessica Ebertz
Project Manager
Cleanup Unit II
Tanks and Emergency Response Section
Ems
Enclosure
cc: Laurie Ahrens, City Clerk, Plymouth
Richard Kline, Fire Chief, Plymouth
Greg Lie, Hennepin County Solid Waste Officer, Minneapolis
DATE: December 17, 1996
TO: FF d Moore, Director of Public Works
Gam"'
FROM: Daniel L. Faulkner, City Engineer
SUBJECT: PROPOSED COMMUNITY HOME AT NORTHEAST QUADRANT
OF FERNBROOK LANE AND COUNTY ROAD 9
CONCERNS OF PLYMOUTH OAKS RESIDENTS
On Tuesday, December 10, 1996, Bob Johnson and I had a counter call from Plymouth
Oaks resident, Donna Erickson, who we visited with in our small conference room
regarding her concerns with the location of the proposed community home at Fembrook
Lane and County Road 9. In discussing the alternatives for access to this proposed home
site, other than through the existing Plymouth Oaks Subdivision via Empire Lane/41'
Avenue, we agreed to consider access from Fernbrook Lane. Due to the depth of the group
home lot, it was reasonably certain that an access from this lot to Fernbrook Lane would not
be appropriate for safety reasons. We agreed to consider the area where an easement had
previously existed for 41" Avenue adjacent to the north property line of the group home lot.
The former roadway easement was vacated as part of the Plymouth Oaks Development and
the underlying land is part of the U.S. West property. This street easement was vacated due
to the layout of the Plymouth Oaks Subdivision with access coming from Empire Lane with
a short cul-de-sac street (41' Avenue) just west of Empire Lane to serve the group home lot
and a lot to the east in the Plymouth Oaks 2nd Addition.
I subsequently contacted the City's Traffic Consultant, SRF Consulting Group, Inc., to
request their review of the stacking distance for future southbound left turning traffic on
Fernbrook Lane. The concern to be addressed is the possibility of future traffic extending
beyond the driveway and creating hazardous conditions for ingress and egress to a proposed
driveway off of Fembrook Lane. The response I received from SRF Consulting Group,
Inc. indicated the need for a future full -width turn lane of approximately 275 feet to hold the
projected future left turning traffic. It should be noted that this distance does not include
any tapers, tangents, or the island nose. In my field observation of the existing conditions
SUBJECT: PROPOSED COMMUNITY HOME AT NORTHEAST QUADRANT
OF FERNBROOK LANE AND COUNTY ROAD 9
Page 2
as part of the County Road 9 Improvement, there are barrels extending northerly from* the
County Road 9 intersection in the approximate area where this turn lane would need to be
constructed in the future. The required future stacking extends well north of the vacated
41' Avenue street easement. In addition, northbound acceleration lane on Fernbrook Lane
transitions back into existing Fernbrook Lane within the area of the old 4? Avenue street
easement.
Due to these potential conflicts with southbound stacking traffic and northbound merging
traffic, a new driveway located in the area of vacated 41" Avenue to serve the proposed
community home should not be allowed.
On December 11, I contacted Donna Erickson at her office and left a phone mail message
indicating the above results and stating the Engineering Division would not support a new
drive access on Fernbrook Lane to serve the proposed community home. I have had no
further contact with residents of the Plymouth Oaks Subdivision regarding their concerns
since that time.
cc: Fred G. Moore
Anne Hurlburt
G:\ENG\GENERAL\MEMOS\DANRPROPCOMM.DOC
December 11, 1996
Joy Tierney, Mayor
Tim Bildsoe, Councilperson Elect (Ward 1)
Judy Johnson, Councilperson Elect (At Large)
Saundra Spigner, Councilperson Elect (Ward 3)
Ann Hurlburt, Director of Community Development
Re: Plymouth Oaks and Courtyard Community Meeting Regarding Community Home
Program's Proposed Plymouth Residential Facility on December 5, 1996.
Dear Mayor, Councilpersons and Director:
Thank you for attending our meeting last week. We appreciate your taking the
time to discuss the issues our community has with the proposed placement of a residential
facility in the Plymouth Oaks and Courtyard community.
We question your interpretation of the statutes pertaining to residential care
facilities. We think that the proposed facility in question should be licensed as a facility
of more than six persons, because it is a single facility for eight residents (four in each
twin home), in one structure, at one address, owned and operated by one organization, for
one specified type of resident. Moreover, the twin home will not be separated by more
than 1,320 feet (in fact, it is not separated at all). We note with great interest that there
appears to be no indication in the record that Community Home Program itself considers
the proposed facility to actually be two facilities, or that Community Home Program
attempted to use the scheme of "two facilities" as an end run around Plymouth's zoning
plan. Rather, Community Home Program applied for a conditional use permit to erect the
proposed facility, and this application should come before the City Council for approval
or, we believe, rejection.
Most people in our community were unaware of your intent to place this
residential facility within the Plymouth Oaks and Courtyard community. We are opposed
to this for the reasons outlined in the petition, which was given to you at the meeting.
Currently we have 29 signatures on the petition (51 % of the residents). We would not
want other people moving into our community to be similarly caught unaware. We
request that a public notice sign be placed in the spot where the facility is proposed to be
erected, so future buyers will have access to this information.
4
We are pleased to know that the City Engineer, Dan Faulkner, is studying the
traffic impact and feasibility of alternatively building the facility to provide ingress and
egress from Fernbrook Ave. instead of the 41 st Ave. North cul de sac (through Plymouth
Oaks and Courtyard community). We note that U.S. West, owner of adjacent property
with access to Fembrook Ave., has previously indicated a willingness to provide
easement rights. Please know that this would be a more acceptable alternative for the
Plymouth Oaks and Courtyard communities.
We would ask that we keep this issue open, and that no further action be taken
without notifying us first. Again, thank you for taking the time to meet with us, and
discussing our concerns regarding the proposed residential facility.
Sincerely,
1 ,
Portia Toussaint
4145 Empire Lane
�. ty�nvw
Michael C. Flom
4185 Dallas Lane
On behalf of the homeowners and residents of the Plymouth Oaks and Courtyard
Community
cc: Dan Faulkner, City Engineer
Ginny Black, Councilperson - Ward 4
Christian Pruess -- At Large
Tim Wold -- Ward 2
Anthony Eiden, Developer of Plymouth Oaks and Courtyard
Terry Dahlstrom, Developer of Plymouth Oaks and Courtyard
Dave Peterson, Developer of Plymouth Oaks and Courtyard
Plymouth Oaks and Courtyard Community Residents
December 19, 1996
Michael C. Flom
4185 Dallas Lane N.
Plymouth MN 55442
Dear Mr. Flom:
CITY OF
PLYMOUTF+
I am responding to your December 11 letter concerning the proposed Community
Home Program facility to be located at the northeast comer of Fernbrook Lane and
Rockford Road.
Enclosed for your information is a copy of a letter I have sent to the Community Home
Program. Based on information received from Hennepin County, and discussion with
the City Attorney, I have determined that a conditional use permit is not needed for this
project. The only City approval necessary for the Community Home Program to
proceed with its project will be a building permit.
In your letter, you request that a public notice sign be placed in the spot where the
facility is proposed to be erected, so future buyers will have access to this information.
The City of Plymouth has no ordinance to require such a sign. I suggest you contact
the Community Home Program to see if they are interested in erecting a sign. If they
wish to install a sign, a building permit will be required and the sign will have to meet
the requirements of the Zoning Ordinance.
You indicate in your letter that you would prefer that ingress and egress to this lot be
from Fernbrook Ave., instead of the 41st Avenue cul-de-sac. City Engineer Dan
Faulkner did consider this suggestion, and asked the City's traffic consultant to review
the situation. They found that a driveway from Fernbrook Ave. should not be allowed
to ensure traffic safety for the Fernbrook and County Road 9 intersection. The City
will require that the proposed twin home take its access from 41' Avenue.
Please call me at 509-5401 if you have any questions.
Sincerely, )
Anne W. Hurlburt, AICP
Community Development Director
cc: Mayor and City Council
City Manager Dwight Johnson
City Engineer Dan Faulkner
Community Home Program
Tony Eiden Company
PLYMOUTH :1 Bcautilli! Pfacc To
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-182 • TEL=PHO%% (612) 509-5000
December 19, 1996
Portia Toussaint
4145 Empire Lane N.
Plymouth, MN 55442
Dear Ms. Toussaint:
CITY OF
PLYMOUTR
I am responding to your December 11 letter concerning the proposed Community
Home Program facility to be located at the northeast corner of Fernbrook Lane and
Rockford Road.
Enclosed for your information is a copy of a letter I have sent to the Community Home
Program. Based on information received from Hennepin County, and discussion with
the City Attorney, I have determined that a conditional use permit is not needed for this
project. The only City approval necessary for the Community Home Program to
proceed with its project will be a building permit.
In your letter, you request that a public notice sign be placed in the spot where the
facility is proposed to be erected, so future buyers will have access to this information.
The City of Plymouth has no ordinance to require such a sign. I suggest you contact
the Community Home Program to see if they are interested in erecting a sign. If they
wish to install a sign, a building permit will be required and the sign will have to meet
the requirements of the Zoning Ordinance.
You indicate in your letter that you would prefer that ingress and egress to this lot be
from Fernbrook Ave., instead of the 41st Avenue cul-de-sac. City Engineer Dan
Faulkner did consider this suggestion, and asked the City's traffic consultant to review
the situation. They found that a driveway from Fernbrook Ave. should not be allowed
to ensure traffic safety for the Fernbrook and County Road 9 intersection. The City
will require that the proposed twin home take its access from 41" Avenue.
Please call me at 509-5401 if you have any questions.
Sincerely,
Gam/
Anne W. Hurlburt, AICP
Community Development Director
cc: Mayor and City Council
City Manager Dwight Johnson
City Engineer Dan Faulkner
Community Home Program
Tony Eiden Company
PLYMOUTH :1 Bea utilitf Place 'llo Live
3400 PLYMOUTH BOULEVARD • PLYMOUTH. MINNESOTA 55447-1482 • TELEPHONE (612) 509-5000
December 19, 1996
CITY OF
PLYMOUTH
Mark Lindgren
Leonard, Street and Deinard
Suite 2300, 150 South Fifth Street
Minneapolis, MN 55401
RE: Conditional Use Permit Application
Community Home Program (96129)
Dear Mr. Lindgren:
On December 6, 1996 I wrote to you requesting additional information concerning the
conditional use permit application you submitted on behalf of the Community Home
Program for their proposed residential care facility at the northeast corner of Fembrook
Lane and Rockford Road. I requested that Community Home program provide the City
of Plymouth with written documentation from the licensing authority of the type of
license that would be issued for this facility.
Enclosed is a letter dated December 10, 1996 from Hennepin County. The letter
indicates that although there is currently no application pending, if CHP builds a duplex
or twinhome with four legal bedrooms in each unit and provides overnight staff in each
unit, they may apply for two licenses for homes in the same building. Separate
addresses (at least a unit number) are required.
-
Based on our review of the CHP's plans, it appears that the building will meet the
criteria described in the County's letter. The two dwellings will have distinct addresses,
in accordance with the City's policies.
Minnesota Statutes provide that state licensed residential facilities serving six or fewer
persons are a permitted single family use. The City must treat the CHP project as a
permitted single family residential use in zoning districts allowing such uses. Therefore,
no conditional use permit may be required for the residential facility. A copy of the City
Attorney's opinion on this issue is enclosed for your information.
At the time of CHP's application, the property was zoned R-3, a district in which twin
home structures were a conditional use. However, on December 18 the City Council
adopted a revised zoning ordinance. The site is now in the new "RSF-4" district, in
which twin homes are a permitted use.
PLYMOUTH I Beauti/iaPlace?o Live
3400 PLYMOUTH BOULEVARD • PLYMOUTH. MINNESOTA 55447-1482 • TELEPHONE (612) 509-5000
Therefore, I must conclude that the only City approval necessary for the Community
Home Program to proceed with its project will be a building permit. The conditional
use permit application is no longer required, and will not be forwarded to the City
Council for action.
Please call me at 509-5401 if you have any questions.
Sincerely,
Anne W. Hurlburt, AICP
Community Development Director
cc: Community Home Program
Mayor and City Council
City Manager
City Attorney
ennevin
December 10, 1996
Anne W. Hurlburt
Community Development Director
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447-1482
Dear Ms. Hurlburt:
ountyEmployer
At the present time, we have no application pending for a site at Fernbrook Lane and Rockford
Road. Therefore, we cannot state that a license will be issued or what license would be
granted. As the delegated agency for licensing Adult Foster Homes, we must receive an
application and ascertain that licensing requirements have been met before recommending that
a license be granted by the State of Minnesota Department of Human Services.
During preliminary meetings with the Community Home Program, they have indicated their
interest in being the licenseholder for several newly -constructed homes for disabled adults. We
have discussed the licensing requirements, our role and the process for becoming licensed
under Chapter 245A (Human Services Licensing Act), and 9555.5050 through 9555.6265
(Rule 203).
Adult Foster Care licenses allow a maximum of four non -elderly adults to reside in one
dwelling unit. "One dwelling unit" may be a single family residence or a single unit within
a multi -family residence. We have issued two licenses to a single licenseholder for two
separate units in a legal duplex, allowing four individuals to reside in each unit. We have also
issued a single license to a duplex where two adults were residing in each unit. The factors
influencing whether a duplex may receive one license or two are:
Adult Services Department
Adult Housing Program Recycled Paper
A-1500 Government Center
Minneapolis, Minnesota 55487-0151
1. Number of bedrooms in each unit (we require each foster adult to have a private bedroom).
2. The size of the bedrooms (each room must meet the requirements in Rule 203).
3. Staffing pattern (each licensed unit must have an on-site staff person present overnight.
To answer your question, if CHP builds a duplex with four legal bedrooms in each unit and
provides overnight staff in each unit, they may apply for two licenses, for four persons each,
in the same duplex. A separate address is needed, but this does not have to be a distinct street
address. The suffix Apartment/Unit #1 and Apartment/Unit #2 are sufficient to identify the
separate unit for licensing purposes.
Let me know if you have additional questions.
Sincerely,
Marjo a Wherley
Program Manager
cc: Ginger Rudberg, Community Home Program
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Gary G. Fuchs
James R. Walston
Elliott B. Knetsch
Suesan Lea Pace
PLYMOUTH CITY COUNCIL
Attorneys at Law
(612)452-5000
Fax (612) 452-5550
December 4, 1996
Joy Tierney, Mayor
David A. Anderson, Councilmember (Ward 1)
Tim Wold, Councilmember (Ward 2)
Nicholas P. Granath, Councilmember (Ward 3)
Ginny Black, Councilmember (Ward 4)
Chuck G. Lymangood, Councilmember (At Large)
Christian A. Preus, Councilmember (At Large)
RE: COMMUNITY HOME PROGRAM CO.
Dear Mayor and Councilmembers:
Andrea McDowell Poehler
Matthew K. Brokl*
John F. Kelly
Marguerite M. McCarron
George T. Stephenson
*Also licensed in Wisconsin
Dwight Johnson has asked me to brief you on the Community Home Program Co.'s residential
care facility project. The project consists of the construction of a two family dwelling for eight
individuals with traumatic brain injuries. Each side of the twin home would have a separate residential
license from the state and each side would be a residence for four physically handicapped individuals.
The state has partially preempted the City's authority to regulate through zoning the location of
state licensed residential facilities: State licensed residential facilities are licensed by the state for
retarded, mentally ill, physically handicapped, or chemically dependent persons. [Minn. Stat. §
245A.02, Sub.d 14.] Minn. Stat. § 462.358, Subd. 6 provides in part:
Normal residential surroundings for handicapped. It is the policy of this state that
handicapped persons and children should not be excluded by municipal zoning ordinances
or other land use regulations from the benefits of normal residential surroundings.
Minn. Stat. § 462.358, Subd. 7 further provides that state licensed residential facilities serving
six or fewer persons are a permitted single family use:
Permitted single family use. A state licensed residential facility serving six orfewerpersons,
a licensed day care facility serving 12 or fewer persons, and a group family day care facility
licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children
shall be considered a permitted single family residential use of property for the purposes of
zoning.
By virtue of this statutory provision the City must treat the Community Home Program project as a
permitted single family residential use in zoning districts allowing such uses.
Suite 317 • Eagandale Office Center 0 1380 Corporate Center Curve • Eagan, MN 55121
Plymouth City Council
December 4, 1996
Page 2
The property is zoned R-3. Twin homes are conditional uses in this zoning district. We can at
least arguably require a conditional use permit for the twin home structure. We cannot require a
conditional use permit or impose conditions on the use of the property for the proposed use of that
structure.
The project also requires a side yard variance. Although we normally have considerable
discretion in granting or denying a variance, we have little discretion here. Refusal to grant variances
or even to rezone property for residential facilities have frequently been overturned based upon the
Federal Fair Housing Act. Civil Rights Act of 1968 § 804(F)(3)(B), as amended 42 U.S.C. §
3604(F)(3)(B). Violation of the Act includes "a refusal to make reasonable accommodations in rules,
policies, practices, or service, when such accommodations may be necessary to afford [handicapped]
.person[s] equal accommodations to use and enjoy a dwelling." Based upon the Act, courts have
frequently struck down restrictions on group homes or conditions attached to their approval. United
States v City of Philadelphia, .838 F. Supp. 223 (EDPA, 1993); . United States R. Taylor, 872 F. Supp.
423 (E.D. Mich. 1995);:Bangerten v. Orem City Corn, 46 F.3d 1491 (10th Cir. 1995). Hovsons. Inc.
v Township of Brick. 89 F.3d 1096 (3rd Cir. 1966).
The staffs planning report which recommends approval of the variance states in part:
Accessibility Requirements — The, floor plan of the home is required to be fully handicapped
accessible. This requires a building footprint of a particular size so that home could be
constructed on one level with no stairs. Reducing the size of the home would jeopardize the
ability to provide the type of accessible housing that is needed to accommodate the residents.
Based upon these facts, we could not withstand a court challenge if we deny the variance. Under the
new zoning ordinance neither a conditional use permit or variance would be required.
In conclusion, the City. has virtually no ability to deny the project. The state has largely
preempted our regulatory powers over licensed residential facilities.
Very truly yours,
CAMPBELL, KNUTSON, SCOTT
& FUCHS, P.A.
BY
R g . Knuts
RNK: srn
cc: Dwight Johnson
Anne Hurlburt
�.. 1._.__ ...� ..
S.
DEC 1 6 199h
i
CITY Of PC:0.10LU I
COMMUNITY OEVEIOr..: ^•
December 11, 1996
Joy Tierney, Mayor
Tim Bildsoe, Councilperson Elect (Ward 1)
Judy Johnson, Councilperson Elect (At Large)
Saundra Spigner, Councilperson Elect (Ward 3)
Ann Hurlburt, Director of Community Development
Re: Plymouth Oaks and Courtyard Community Meeting Regarding Community Home
Program's Proposed Plymouth Residential Facility on December 5, 1996.
Dear Mayor, Councilpersons and Director:
Thank you for attending our meeting last week. We appreciate your taking the
time to discuss the issues our community has with the proposed placement of a residential
facility in the Plymouth Oaks and Courtyard community.
We question your interpretation of the statutes pertaining to residential care
facilities. We think that the proposed facility in question should be licensed as a facility
of more than six persons, because it is a single facility for eight residents (four in each
twin home), in one structure, at one address, owned and operated by one organization, for
one specified type of resident. Moreover, the twin home will not be separated by more
than 1,320 feet (in fact, it is not separated at all). We note with great interest that there
appears to be no indication in the record that Community Home Program itself considers
the proposed facility to actually be two facilities, or that Community Home Program
attempted to use the scheme of "two facilities" as an end run around Plymouth's zoning
plan. Rather, Community Home Program applied for a conditional use permit to erect the
proposed facility, and this application should come before the City Council for approval
or, we believe, rejection.
Most people in our community were unaware of your intent to place this
residential facility within the Plymouth Oaks and Courtyard community. We are opposed
to this for the reasons outlined in the petition, which was given to you at the meeting.
Currently we have 29 signatures on the petition (51% of the residents). We would not
want other people moving into our community to be similarly caught unaware. We
request that a public notice sign be placed in the spot where the facility is proposed to be
erected, so future buyers will have access to this information.
We are pleased to know that the City Engineer, Dan Faulkner, is studying the
traffic impact and feasibility of alternatively building the facility to provide ingress and
egress from Fernbrook Ave. instead of the 41 st Ave. North cul de sac (through Plymouth
Oaks and Courtyard community). We note that U.S. West, owner of adjacent property
with access to Fernbrook Ave., has previously indicated a willingness to provide
easement rights. Please know that this would be a more acceptable alternative for the
Plymouth Oaks and Courtyard communities.
We would ask that we keep this issue open, and that no further action be taken
without notifying us first. Again, thank you for taking the time to meet with us, and
discussing our concerns regarding the proposed residential facility.
Sincerely,
Portia Toussaint
4145 Empire Lane
Michael C. Flom
4185 Dallas Lane
On behalf of the homeowners and residents of the Plymouth Oaks and Courtyard
Community
cc: Dan Faulkner, City Engineer
Ginny Black, Councilperson - Ward 4
Christian Pruess -- At Large
Tim Wold -- Ward 2
Anthony Eiden, Developer of Plymouth Oaks and Courtyard
Terry Dahlstrom, Developer of Plymouth Oaks and Courtyard
Dave Peterson, Developer of Plymouth Oaks and Courtyard
Plymouth Oaks and Courtyard Community Residents