HomeMy WebLinkAboutCouncil Information Memorandum 05-31-19960
2
F -MAY 319 1996
UPCOMING MEETINGS AND EVENTS
1. COUNCIL MEETING SCHEDULE:
JUNE 5 7:00 P.M.
JUNE 19
JUNE 26
7:00 P.M.
7:30 P.M.
REGULAR COUNCIL MEETING
City Council Chambers
REGULAR COUNCIL MEETING
City Council Chambers
COUNCIL MEETING (TENTATIVE)
City Council Chambers
2. HUMAN RIGHTS COMMISSION, THURSDAY, JUNE 6, 7:30 P.M., Medicine Lake
Room. Agenda is attached. (M-2)
3. ENVIRONMENTAL QUALITY COMMITTEE TUESDAY, JUNE 11, 7:00 P.M.,
Hadley Lake Room, Lower Level.
4. PLANNING COMMISSION, TUESDAY, JUNE 11, 7:00 P.M., Council Chambers.
5. PRAC1 THURSDAY, JUNE 13, 7:00 P.M., Mooney Lake Room, Upper Level.
961=1=
6. MEETING CALENDARS - The June and July meeting calendars are attached. (M-6)
1. MINUTES
a. Plymouth Charter Commission meeting of May 23, 1996. (1-1a)
b. Park and Recreation Advisory Commission meeting of May 9, 1996. (1-1b)
CITY COUNCIL INFORMATION MEMO
May 31, 1"6
Page 2
2. STAFF REPORTS
a. Report from Assistant to Public Works Director John Sweeney regarding the status of
the grant application for purchase of a vehicle to be used in the Plymouth Metrolink
system. (I -2a)
3. NEWS ARTICLES, RELEASES, PUBLICATIONS. ETC.
a. Notice and registration form for LMC Leadership Institute seminar on "Authentic
Leadership: The Key to Making Policy Decisions as an Elected Official," July 25-26, at
Rutger's Sugar Lake Lodge, Grand Rapids. (I -3a)
b. State Court of Appeals decision in the case of Country Joe, Inc., vs City of Eagan, a
case which the City of Eagan lost involving the implementation of growth impact fees.
(I -3b)
c. The latest Metropolitan Council Provisional Population Estimates for Plymouth. (I -3b)
4. CITIZEN COMMUNICATIONS POLICY - CORRESPONDENCE -
a. Letter from City Engineer Dan Faulkner to Vince and Kristen Palyan responding to their
comments about the pedestrian traffic signal on Northwest Boulevard near the Bass Lake
Playfield. Attached is the Palyan's original correspondence. (I -4a)
b. Letter from City Engineer Dan Faulkner to Jeff and Lisa Schuler responding to their
comments about the pedestrian traffic signal on Northwest Boulevard near the Bass Lake
Playfield. Attached is the Palyan's original correspondence. (I4b)
c. Letter from Park Director Eric Blank to Mark Fickes responding to comments about
deforestation in Plymouth. Attached is Fickes' original correspondence. (I4c)
A status report on correspondence is attached. (I-4)
5. CORRESPONDENCE
a. Letter from City Engineer Dan Faulkner to Michele and Tom Stokes responding to their
comments about the pedestrian traffic signal on Northwest Boulevard near the Bass Lake
Playfield. Mr. and Mrs. Stokes spoke at the Plymouth Forum of May 15, 1996. The
attached letters indicate that the City Council will consider this item on June 19.
However, both residents have since been notified that the item will be considered at the
June 5 meeting. (I -5a)
b. Response from Met Council officials to Manager Dwight Johnson's comments on the
Growth Options for the Twin Cities Metropolitan Area. (I -5b)
Dwight Johnson
City Manager
Plymouth Human Rights Commission
June 6, 1996 7:30 PM
Agenda
L Call to Order
A. Welcome to Howard Sigal, new member
H. Approval of Agenda
HL Approval of Minutes
. r
IV. Old Business
A. 1996 Candar of Events Update
B. 1996 PHRC Project/Event List Review
C. Work Plan Progress Report
1. PHRS Response Plan --Gary Anderson
2. Mailing list --Laurie Levi
3.Region School HRC Workshop --Jackie Fraedrich
4. Articles --Jeff Richards, Mitzi Heath
5. Network Liaison Progress
V. New Business
A. Resignation of Bill Dix
B. July PHRC Meeting "To Do's"
C. July Meeting Date (conflict with Independence Day)
VL For Information
A. Commission Roster
VII. Adjourn
OFFICIAL CITY
rp). MEETINGS
June 1996
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
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7:00 PM PLANNING
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July 1996
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Council Chambers
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—I.J w S/31/96
L.0 is
Plymouth Charter Commission
May 23, 1996
Minutes
Present: Virgil Schneider, Jon Speck, John Duntley, Tim Peterson, Dave Crain,
Dave Pauba, Joy Tierney, Bob Sipkins, Kapila Bobra, Ty Bujold,
Ellie Singer, Assistant City Manager Kathy Lueckert
Excused: Sandy Patterson, Bill Pribble
Absent: Pauline Milner
Virgil Schneider called the meeting to order at 7:05 PM
Virgil Schneider explained the purpose of the meeting. He stated that several issues were
referred to the Charter Commission in recent weeks. He determined that there was a need
for a meeting in May, even though this date was somewhat past the deadline set by the
Commission in December 1995. Mr. Schneider stated that the Commission must consider
two issues for possible charter amendments: requiring a supermajority vote for a tax rate
increase, and regulating council attendance.
Sunermaiority Vote for Tax Increase
Assistant Manager Lueckert explained the statutory provisions for amending the Charter.
She stated that the City Council passed an ordinance specifying the amendment language
for the November ballot. Ms. Lueckert stated that it is very likely that this proposed
amendment will be on the ballot in November. She referred the Commission to the staff
report on this subject for the May 15 City Council meeting, which outlined the options
available to the Council.
Joy Tierney stated that the City Council was given three options, but chose the stronger
language. She stated that the Charter Commission had considered supermajority vote
requirements when the charter was drafted.
Dave Crain expressed concern that a supermajority vote on a tax rate increase would give
control of the budget to a minority, and that deadlocks could result. Virgil Schneider
stated that he doesn't remember a time when the budget was adopted without a
supermajority vote; Dave Crain concurred. Ms. Lueckert shared a spreadsheet showing
the ten year history of budget votes, which supported Mr. Schneider's and Mr. Crain's
recollections.
Joy Tierney stated that she is concerned about too many supermajority vote requirements.
There may be unintended consequences for other cities who may follow Plymouth's lead
but not have the benefit of the revenues which come from growth. Ty Bujold stated that
government should be run by the majority, and questioned the wisdom of singling out
issues for a supermajority requirement.
Z do /a
Bob Sipkins asked if the requirement for a supermajority vote on a tax rate increase was a
campaign issue. Virgil Schneider stated that several candidates had highlighted this issue
during the Fall 1995 campaign. Mr. Schneider stated that setting the tax rate is a
significant issue, not unlike rezonings. In his opinion, a council must have a compelling
reason to raise taxes. He stated that he thinks most voters would vote for such an
amendment.
Tim Peterson stated that the budget vote history shows no pattern of problems. He
wondered if the issue really needed "fixing."
John Duntley stated that he wondered about the merits of discussing this issue more in a
more public fashion, and he felt that more information was needed for the Commission and
for the public. Ty Bujold pointed out that the state law section gives the Commission an
initial sixty day review period, and then permits the Commission to consider the issue for
another ninety days. Ty Bujold stated that he feels that the additional time will be needed,
and that time and energy is needed to make certain the electorate is informed about this
issue.
John Duntley stated that he also feels that the Commission needs to gather data, and to
hear all viewpoints on the supermajority vote issue. Mr. Duntley stated that after the
Charter Commission is comfortable with all aspects of the issue, public meetings should be
held. Jon Speck stated that the Charter Commission had turned down the idea of a
supermajority vote on the budget when the charter was drafted. He stated that he felt that
the commission had good reasons for doing so.
Virgil Schneider stressed the importance of keeping an open mind about this issue. Mr.
Schneider suggested that the Commission invite the City Council to the next Charter
Commission meeting. At this meeting, councilmembers could articulate their position on
the supermajority vote question, and commission members could ask questions. He stated
that commission members should come to this meeting with their questions prepared.
Ellie Singer moved, seconded by Kapila Bobra, that the Charter Commission meet
on Tuesday, July 9, 1996 at 7 PM to consider the supermajority vote issue, and that
the City Council be invited to attend this meeting. The motion carried.
The Charter Commission directed Kathy Lueckert to gather the following information:
research supermajority vote requirements in other charters, find out ballot printing
deadlines, seek an opinion from Springsted about the impacts of a supermajority vote on
the city's bond rating, and consider inviting city managers from other cities to give their
perspective on supermajority votes.
Council Attendance
Joy Tierney gave a brief overview of the issue of councilmember attendance. She
explained the previous ordinance requirements, and highlighted the changes which were
made recently. She pointed out a state law provision which states that if a councilmember
is ill or on vacation, pay cannot be affected. Kathy Lueckert briefly discussed the other
issues on absence from the city, temporary vacancies, and recall of elected officials.
Virgil Schneider stated that local elected officials can be recalled only for malfeasance or
misfeasance. As both of these reasons also are criminal in nature, the elected official likely
would be out of office. Jon Speck stated that he was in favor of recall during the drafting
of the charter, but after much research he came to believe that a recall provision should
not be included in the charter. Virgil Schneider suggested that the question of recall also
be posed to councilmembers at the July 9 meeting.
Tim Peterson stated that publishing councilmember attendance records might encourage
better attendance through public pressure. Virgil Schneider warned against legislating for
the exceptions.
The Charter Commission had a general discussion about temporary vacancies on the
council, and whether the new state law language should be incorporated into the charter
Ellie Singer stated her preference for not repeating state law in the charter. The Charter
Commission agreed with Ms. Singer, but agreed to keep an open mind and discuss it
further at the July 9 meeting.
Virgil Schneider asked if there were other issues the Commission should consider. Kathy
Lueckert stated that the City Clerk had raised the issue of requiring financial reporting on
special issue referendums, such as the recent Open Space referendum. The Charter
currently contains provisions for individual candidates, but not for special issue
committees. Jon Speck moved, seconded by Dave Crain, that the financial reporting
issue be placed on the agenda for July. Kathy Lueckert was directed to have the City
Attorney draft possible charter amendment language on this issue.
Tim Peterson directed Ms. Lueckert to invite the City Council to the July 9 meeting.
Virgil Schneider adjourned the meeting at 8:50 PM.
Kathy Lueckert, Assistant City Manager
Minutes of the Park and Recreation Advisory Commission Meeting
May 9, 1996
Page 20
Present: Chair Anderson, Commissioners Fiemann, Priebe, Thompson and Willegalle;
staff Bisek, Blank and Pederson; Councilmember Wold .
Absent: Commissioners Johnson and Wahl
CALL TO ORDER
Chair Anderson called the May meeting to order at 7:05 p.m. in the City Center
Lunchroom.
2. APPROVAL OF MINUTES
A motion was made by Commissioner Fiemann and seconded by Commissioner
Willegalle to approve the minutes of the April meeting as presented. The motion
carried with all ayes.
3. VISITOR PRESENTATIONS
a. Athletic Associations. None were present.
b. Staff. Mary announced that recreation division revenues were down the first
quarter of '96. She thinks this may have been due in part to the bad weather we
had. She stated that staff was working on the City's first ever mail -in registration
for swimming. Several hundred registrations were received, and most people
did get either their first, second or third choice. Phone inter -active registration is
still being studied, and Mary indicated that if all goes according to plan, this
process would begin in the fall of '96. An Over 55 Softball league began this
past week, and the participants involved are quite excited that this league finally
materialized, after having been offered and cancelled in past years due to lack
of registrations. Mary announced that the City's volunteer coordinator has now
been with the City three years, and in that time, the volunteer work force has
tripled.
c. Others.
4. PAST COUNCIL ACTION
Council approved the feasibility study for the East Medicine Lake Regional trail.
Another public meeting will likely be scheduled in August or September.
5. UNFINISHED BUSINESS
a. Review ice arena/pool complex. Director Blank announced that trees have been
removed and dirt is being pushed around on the site. Bid packages are out.
The project continues to move on the fast track, with a projected opening
PRAC Minutes/May 1996
Page 21
sometime between December 15 and March 15. At next month's PRAC meeting,
a name for the facility will be discussed.
b. West Medicine Lake Park update. The bridge is back on the Council agenda for
May 15. Director Blank stated that the road is scheduled for paving in October
or early November.
c. Open spaces update. The purchase of the Johnson Bros. parcel is on the next
Council agenda for final approval. The Seitzer property has numerous spruce
trees that are being removed and planted in other parks.
d. Playfield/high school update. The bid package for the playfield complex will be
out next week. The City's portion of the project should be completed by the end
of this year.
e. Senior citizen needs analysis update. The report on the needs of seniors in
Plymouth will be available by next month's meeting.
Golf course discussion. Ken and John Hampton, the owners of Hampton Hills
golf course, were present to discuss the future of their course. Director Blank
explained to them that the City is interested in golf courses continuing to exist in
Plymouth, and is concerned that the possibility of future development may cause
some golf course owners to sell their property. The Hamptons asked if sanitary
sewer would bypass their course or pass through it? Director Blank responded
that according to the map, it appears that the sanitary sewer will pass through
the course. The Hamptons indicated they don't need sewer, because they have
their own septic system and their own wells, which adequately serve the golf
course and the family homes that are located there. Mr. Hampton stated that it
is his wish to keep the golf course as long as possible and to pass it on to his
children, with the hope that they would then pass it on to their children. He feels
that a lot of the course wouldn't even be developable because the land is quite
wet. He indicated that the course is about 145 acres in size. He said that he
didn't know how many rounds the course does per year, because they don't
keep records that way. They keep track of the revenue, instead. Mr. Hampton
indicated that he wasn't particularly interested in selling to developers, even
though he's had offers, and if he ever did decide to sell, he would rather sell to
the City. Director Blank asked him what the City could do to help out and
encourage him to stay in the business. Mr. Hampton responded that the course
suffers a lot from storm water runoff and that they've had problems specifically
with the railroad's culverts being directed toward the golf course. He requested
that the City look into the water runoff problems and talk to the railroad.
Councilmember Wold directed staff to refer this problem to Dan Faulkner in
Engineering, because he is in charge of the City's new storm water management
program. The Hamptons asked Director Blank what the City's thoughts are
regarding the golf courses in Plymouth. He stated that the City would like the
PRAC Minutes/May 1996
Page 22
Z-16
golf courses to remain, rather than sell to developers, but that the City also
understands how desirable the land is to developers. Mary Bisek asked Mr.
Hampton if he could rank the difficulty of his course. He explained that average
courses usually have a ranking of 100, and that Hampton Hills' ranking is 106.
g. Review northeast neighborhood park plan. Director Blank explained that if
PRAC is comfortable with the master plan for this park it needs to be approved
this evening and forwarded to the City Council. George Watson, the design
consultant, then made a brief presentation to PRAC, explaining that the parcel is
43 acres in size, with 12.7 acres above the 100 year flood plain. After
subtracting the areas that are Wooded and sloped, about two acres remain that
can be developed. He described the various amenities in the park and using a
few colored displays, he showed PRAC how the park would look, describing
where the children's playground, trails, benches, boardwalk, fishing --docks, etc.
would be located. He indicated that the majority of the park will be left in its
natural state, and the trail will be paved in some areas and crushed rock or wood
chips in other areas. He explained that the C.P. Railroad wants to formalize the
crossing that people have been using over the years to gain access to that park.
He stated that a non -signalized crossing would be the least expensive and that
the train would blow its whistle at a non -signalized crossing, while it would not
do the same at a signalized crossing. He explained that the most expensive
access at this site would be a bridge crossing, however, most people would
continue to cross the railroad,tracks where they always have. Another access
point to the park could be through the Cardinal Ridge development, but this is a
private development, so the access would have to be worked out with them.
Another issue of concern to the residents is the color of the play equipment.
They want it to be as neutral as possible, so it blends in. with the surroundings.
They prefer earth tone colors such as green and beige or wood -type structures.
Commissioner Priebe voiced a concern regarding the attraction children have for
water and what was being done to keep them away from the water's edge. Mary
Bisek responded that there are no steep slopes leading to the water and that the
ponds' edges are not manicured but rather have tall grasses and cattails
bordering them. She explained that toddlers usually Will not wade through this,
because they don't like to have things brushing against their faces. As for the
bridges and docks, these all have railings, which should help prevent kids from
falling off. Commissioner Fiemann commented that he didn't see any plans for a
hard court area anywhere in this park, so he was concerned about the basketball
players in the neighborhood. George responded that this was not a facility that
would really fit well in this parts, because of the park's nature. He also felt it
would not be a popular activity with the residents around this park.
A MOTION WAS MADE BY COMMISSIONER ANDERSON AND SECONDED
BY COMMISSIONER PRIEBE TO ACCEPT THE MASTER PLAN AS
PRESENTED FOR THE NORTHEAST NEIGHBORHOOD PARK. THE MOTION
CARRIED WITH ALL AYES.
PRAC Minutes/May 1996
Page 23
Z Ib
6. NEW BUSINESS
a. Birchview Elementary School ' playground request for funding. Marie Egger,
representing the playground committee,' made a presentation to PRAC and
requested funding for their new playground. She explained that this park is the
neighborhood park for this area, as well as the school park. She displayed
several drawings showing the equipment they've purchased thus far, and the
equipment they would like to still acquire. The park is being built in three
phases, she said. She indicated that the project is being installed completely by
volunteers and that they've saved thousands of dollars doing it this way. Other
sources of funding for Phase I have included about $15,000 from the Birchview
PTA's fundraising efforts and cash donations and $2,900 from the school district
in various areas, such as securing ADA suitable equipment, site amendment fee,
etc. Fundraising efforts will continue as well as soliciting donations from
businesses and civic groups, so that the project can proceed with Phases II and
III. Ms. Egger requested that the City consider a contribution of at least $15,000
toward this project. Director Blank then explained to PRAC that the first school
playground improvement the City helped finance was in 1985; and it was Pilgrim
Lane Elementary. After that first request came in, the City decided to develop
some guidelines that all school groups had to follow when requesting funding
from the City. The guidelines stated that the City would contribute up to $10,000
in matching funds. Director Blank explained that the policy is now over ten years
old and should perhaps be updated. A contribution of $10,000 may not be
realistic anymore, when you consider that a playground can cost from $50,000 to
$100,000 to build. A good time to redo the policy would be at the time of
planning the 1997-2001 parks CIP, according to Director Blank.
b. Sunset Hill Elementary School playground request for funding. Director Blank
stated that the City has also received a request for funding from Sunset Hill for
upgrading their school's playground, and a request has now come in from
Pilgrim Lane, which was the first school to get funding, back in 1985.
c. Letter from Carol Creelman. Director Blank explained that Mrs. Creelman is
interested in replicating the log cabin on County Road 6 for personal and
historical reasons. She has offered to fund the project herself. The log cabin
would serve as an educational tool and could be used by the Plymouth Historical
Society when discussing the history of Plymouth. Director Blank explained that
the cabin is in such poor condition that it would probably fall apart if any
attempts to move it were made. Mrs. Creelman is proposing to have an exact
replica of the log cabin built somewhere in Parkers Lake Park. It's possible that
a log or two from the original cabin, or a block of stone from the chimney, could
be salvaged and incorporated into the new cabin.
d. Pick date for annual park tour. A couple of dates were discussed, with
Thursday, May 30, being the preferred choice. The bus will leave City Center at
PRAC Minutes/May 1996
Page 24
4 p.m. and get back around 9. Box lunches will be served. Invitations will be
sent to the Council, the Planning Commission, the Water Quality Committee,
and other staff.
7. COMMISSION PRESENTATION
Commissioner Willegalle announced that the Parkers Lake Improvement
Association submitted an application for and subsequently received a full $10,000
matching grant from the DNR for the construction of NURP ponds at the new high
school site.
8. STAFF COMMUNICATION
None.
9. ADJOURNMENT
The meeting adjourned at 9:20 p.m.
2- 2 a
DATE: May 22, 1996
TO: Mayor and Members of the City Council
Through Dwight D. Johnson, City Manager
FROM: John R. Sweeney, Assistant to Public Works Director
1
SUBJECT: STATUS OF APPLICATION FOR FUNDS FOR PUR�CHASE OF A
VEHICLE TO BE INCORPORATED IN THE PLYMOUTH METROLINK
TRANSIT SYSTEM
You may recall that some time ago you approved a grant application for a Section 5310 Grant
Program in the hopes that the City would ultimately be awarded Federal Funding to acquire a
lift -equipped 15 passenger bus to incorporate into the Metrolink system to provide additional
transportation opportunities for the elderly and disabled in our community.
I am very pleased to be able to report to you that Plymouth Metrolink's Application for
Capital Assistance under the 1997 Section 5310 Grant Program has been recommended for
funding by the MnDOT Review Committee.
Attached for your information is a letter from Donna Allan, Director of the Office of Transit
for the Minnesota Department of Transportation, informing me of our success in this process.
You can rest assured that I will complete the appropriate notification procedures set forth in
Donna's attachments.
I am extremely pleased that we were ultimately selected in this process, and it is most
rewarding to know that this is the first time that a city the size of Plymouth has been awarded
a grant for a vehicle to be incorporated into the overall Transit system.
attachment
cc: Fred G. Moore
Pact Committee Members
George C. Bentley
*00r' Minnesota Department of Transportation L a
y. Transportation Building
395 John Ireland Boulevard
Saint Paul. Minnesota 55155-1899
May 21, 1996
John Sweeney
Plymouth Metrolink
3400 Plymouth Boulevard
Plymouth, MN 55447
Dear Mr. Sweeney:
I am pleased to inform you that your organization's application for capital assistance under the
1997 Section 5310 Grant Program has been recommended for funding by the Section 5310 Review
Committee.
Per your request, the Review Committee recommended funding one accessible vehicle for which
the federal -local split is estimated at $36,288/$9,072. This estimate is based on projected 1997
vehicle prices.
Your next responsibility is to complete the appropriate notification procedure set forth on the
attached pages.
Mn/DOT's Office of Transit will submit its 1997 Section 5310 grant application to the Federal
Transit Administration this fall. Upon approval of this grant request, the procurement of your
vehicle can begin. You will be kept informed of the vehicle procurement process as it moves
forward.
If you have questions concerning the notification procedure, feel free to contact Judy Ellison or
Denny McMann at 612/296-1376 or 612/297-2067.
Sincerely,
Donna Allan
Director
Office of Transit
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05/22/96
14:47 FAX 612 373 0929
GREENE ESPEL
STATE OF N WNESOTA
IN COURT OF APPEALS
C8-95.2289
Country Joe, Inc., et al.,
Appellants,
VS.
City of Eagan,
Respondent.
Filed May 219 1996
Reversed and remanded
Huspeni, Judge
Dakota County District Court
File No. C2949530
1A
IM 003/014
Thomas H. Goodman, Gerald S. Duffy, Wood R. Foster, Jr., Anthony J. Gleekel,
Siegel, Brill, Greupner & Duffy, P.A., 1300 Washington Square, 100 Washington Ave. '
S., Minneapolis, MN 55401 (for Appellants)
John E. Simonett, Clifford M. Greene, John M. Baker, Greene Espel, P.L.L.P., 333 S.
Seventh St., Suite 1700, Minneapolis, MN 55402 (for Respondent)
James F. Sheldon, Michael G. Dougherty, Severson, Sheldon, Dougherty & Moldenda, .
600 Midway National Bank Bldg., 7300 W. 147th St., Apple Valley, MN 55124-7538
(for Respondent)
Judge.
Considered and decided by Peterson, Presiding Judge, Huspeni, Judge, and H=en,
SYLLABUS
A city whose power to tax is created and limited by statute may not impose taxes
other than those the statutes explicitly authorize.
Reversed and remanded.
05/22/96 14:47 FAX 612 373 0929 GREENE ESPEL
OPINION
H[JSPENI, Judge
T- ; 6
IM 004/014
Appellants brought this action to challenge the legality of a road unit connection
- charge imposed by. respondent City of Eagan and .to seek reimbursement. Following
discovery, the parties brought cross-motions for summary judgment on the issue of the
legality of the charge. The district court awarded summary -judgment --to respondent,
concluding that the road unit connection charge was not an illegal tax. We conclude that
respondent lacks statutory authority to impose the charge, and we. reverse and remand.
FACTS
Respondent City of Eagan (Eagan) became aware in the :late 1970's that it would
need to upgrade its road system to keep pace with its rapidly growing population. In a
1977 Major Street Construction Financing Plan (Financing Plan), Eagan"s consulting
engineers noted that funds for this purpose were available from three sources: the state,
the county, and Eagan property owners, and that the funds available were not equal to
the projected costs. To make up the deficit, the engineers proposed a "road unit
connection charge," which Eagan would impose on those seeking building permits. The
charge unposed for a single-family residential unit was $75 in 1978; by 1994, when it
was first challenged, the road unit connection charge bad risen to $410. The funds
collected, about $400,000 per year, are recorded as part of Eagan's major street fund and
are used for the general expansion and improvement of Eagan's roads.
-2-
05/22/96 14:47 FAX 612 373 0929 GREENE ESPEL Q 005/014
Oro
Appellants, a group of building contractors who paid the charge, brought this
action alleging that the charge was illegal and seeking reimbursement to those who had
paid it within the last six years.' Both parties agreed to defer certification as a class
-- . action until their cross-motions for summaryjudgment on the legality of the charge were
decided.
ISSUE
.Does a city have authority to raise revenue for its road system by imposing a
charge as a condition to issuing a building permit?
ANALYSIS
In reviewing a summary judgment, this court asks whether there are any genuine
issues of material fact and whether the district court erred in its application of the Iaw.
State 'by. Cooper v French, 460 N.W.2d 2, 4 (Minn. 1990). A reviewing court is not
bound by and need not give deference to a district court's decision on a purely legal
issue. •Fost-�enco Elec. Assn v. Minnesota Pub. UtUr. Comm -W, 358 N.W.2d 6399
642 (Minn: x1984), Since the only issue before us is the legality of Eagan's road unit
connection charge, we review de novo.
Fagan' s; a statutory city as defined by Minn. Stat. § 410.015 (1994), i.e., a .city
that has= not: adopted a home rule charter.
Stat�tYi' l4'. .. •.
Its powers are both created and limited by
'Thd .statute of limitations precludes recovery by those who paid prior to 1988.
-3-
05/22/96 14:48 FAX 612 373 0929 GREENE ESPEL
To ?IP
Municipalities have no inherent powers and possess only
such powers as are expressly conferred by statute or implied
as necessary in aid of those powers which have been
expressly conferred.
(M 006/014
Northern States Power Co. Y. ao of Granite Falls, 463 N.W.2d 541, 543 (Minn. App.
1990), review denied (Minn. Jan. 24. 1991). Eagan argues that .the power to levy its
road unit connection charge is implicitly if not explicitly conferred both by statute and by
case Iaw. While we commend Eagan's foresight in planning to provide adequate road
service for its expanding population, we must nevertheless acknowledge and fulfill our
obligation to scrutinize the legality of its chosen means of financing road service. We
conclude that neither the Minnesota statutes nor case Iaw provides .authority for the road
unit connection charge.
1. Statutory Analysis
It is undisputed that Eagan has the statutory power to provide and upgrade a road
system, pursuant to Minn. Stat. § 429.021, subd.l(1) (1994), and Minn. Stat. § 412.221,
subd. 6 (1994). Eagan also has the power to levy certain taxes: Minn. Stat. § 412.251
(1994) specifies taxes that a statutory city may levy. These specified taxes do not include
a tax for road construction or improvement, but they do include "other special taxes
authorized by law," Minn. Stat. § 412.251(11). 'Eagan argues that its road unit
connection charge is a special tax authorized by law. We cannot agree. While there are
laws authorizing other taxes, see, e.g., Minn. Stat. $ 444.075, subd. 3 (1994)
-4-
05/22/96 14:48 FAX 612 373 0929 GREENE ESPEL IM007/014
vo3
(authorizing sewer and water connection charges), there are no comparable laws
authorizing a road unit connection charge.
The fact that the legislature has authorized municipalities to levy specific types of
taxes (Minn. Stat. § 412.251) and has further authorized municipal taxes for specific
services (Minn. Stat. § 444.075, subd..3) demonstrates, we believe, the legislature's
intent to restrict a municipality's power to tax. 1t. -would be : -unreasonable for the
legislature both explicitly to restrict a municipality's taxing power and to empower a
municipality to impose taxes at will. In construing statutes,- we .are to assume that the
Iegislature did not intend an unreasonable result. Minn. Stat. § 645.17(1) (1994).
We must also assume that the legislature intended -statutes to be effective and
certain, Minn. Stat. § 645.17(2) (1994), and we must construe statutes in such a way as
to give effect, where possible, to each of two conflicting provisions. Minn. Stat.
§ 645.26, subd. 1 (1994). Therefore, we cannot accept Eagan,s argument that its
statutory power to provide a road system overrides the statutory restrictions on its power
to tax. Given that alternative sources of revenue were the exclusive means of funding
Eagan's road system prior to the imposition of a road unit connection charge, as reflected
in the 1977 Financing Plan, and that those alternative sources continued to provide funds
in conjunction with that charge, as reflected in repeated updating of the Financing Plan,
we can give effect both to the statute empowering Eagan to provide a road system and
to the statute restricting its power to tax. Thus, we find no statutory authorization for
Eagan's imposition of a road unit connection charge.
-5-
05/22/96 14:49 FAX 612 373 0929 GREENE ESPEL
140 36
2. Case Law Analysis
a 008/014
Minn. Stat. § 412.221, subd. 32 (1994), empowers a municipality to "provide for
the government and good order of the city" and "the general welfare." Eagan cites two
cases, neither of which involves issues of revenue raising, to -argue that Minnesota courts
have construed this power broadly and permitted municipalities to take actions other than
those specifically authorized by statute. In Almquist v. Town- of Marshan, 308 Minn.
52, 245 N.W.2d 819 (1976), the supreme court upheld a municipality's right to set a
moratorium on development. In Naegele OutdoorAdvertising v. Village of Minnetonka,
281 Minn. 492, 162 N.W.2d 206 (1968), the supreme court upheld a municipality's right
to eliminate nonconforming land uses. While we recognize that neither of these rights
is expressly conferred by statute, we note also that neither is restricted by statute.
171n the absence of explicit expression of a contrary purpose
by the legislature, we are fret to hold that * * *
municipalities * * * have authority to adopt moratorium
ordinances * * * .
Almquist, 308 Minn. at 64, 245 N.W.2d at 825 (emphasis added). In stark contrast to
the lack of any indication by the legislature that it intends to restrict the right to establish
and enforce zoning regulations, the legislature has clearly indicated its intention to restrict
a municipality's right to tax. Minn. Stat. $ 412.251. Ve, therefore, are not persuaded
that the broad interpretation of general police power set forth in Almquist and Naegele
extends to confer a right to impose unauthorized taxes. Eagan's reliance on these cases
is misplaced.
n.
05/22/96 14:49 FAX 612 373 0929 GREENE ESPEL IM 009/014
Moreover, we note that the Minnesota Supreme Court has declined to expand the
general police power to authorize financing measures. See, e.g., Stas v. Labo's Direct
Serv., 232 Minn. 175, 182, 44 N.W.2d 823, 827 (1950) (strildng down an increase in
the charge unposed on gasoline pumps as "a tax for the purpose . of producing more
revenue for the municipality'); Barron v. (,qty of Minne4offs,_212 Minn -566,370-71,
4 N.W.2d 622, 624 (1942) (striking down a charge. imposed on vending machines
because its amount "was fixed with reference to revenue purposes").2 In both cases,
proponents of the charge had labelled it as a licensing . fee and . sought to Justify _ it under
the police power. However,
[w]here it quite obviously appears that the amount of a license
fee fixed by ordinance was really intended to raise revenue
and that such was its .main object, mere labeling of the
ordinance as one imposing only a license fee does not save it
Id. at 566, 4 N.W.2d at 622. Eagan's road unit connection charge was indisputably
intended to raise revenue; it cannot be justified under the general police power as a
license fee.
2Where a fee imposed as an exercise of police power has been upheld, this court has
found a direct connection between the amount of the fee and the expense incurred by the
city. State v. Norfhern Raceway Corp., 381 N.W.2d 526, 529 (Minn. App. 1986)
(assessing part of the cost of police protection as part of a racetrack license because of
the additional costs incurred by the city in policing racetrack patrons). Here we can find
no such connection.
-7-
05/22/96 14:50 FAX 612 373 0929 GREENE ESPEL IM 010/014
�,-3b
We are unable to find support for Eagan's road unit connection charge (whether
.classified as a tax or as a Iicensing fee)' within either the statutes or case law in
Minnesota. We note, however, .that the road unit connection charge contains . elements
similar to those identified in impact fees 4 An impact fee has been defined as an exaction:
in the form of a predetermined money payment;
* assessed as a condition to the issuance of a building permit,
an occupancy permit or plat approval;
- * pursuant to local government powers to regulate new
growth and development and provide for adequate public
facilities and services;
* levied to fund large-scale, off-site public facilities- and
..r services necessary to serve new development;
:_ * in an amount which is proportionate to the need for public
+;
:5 facilities generated by new development.
M. sy:
• �t
.$. ?. 'Appropriately, neither party argues that the road unit connection charge is a special
Indeed, if the charge were to be considered a special assessment, it would
'The cost of any improvement, or any part thereof, may be assessed upon
operty benefitted by the improvement Minn. Stat. 1429.051 (1994). The road
connection charge is not assessed on property.
'Neither party contests the classification of a road unit connection charge as an
act fee." The parties, of course, have diametrjcally opposed views on whether
ct fees are authorized by Minnesota statutes. Our analysis does not depend upon ;k
elusion that road unit connection charges are, in fact, impact fees, and we do not
that conclusion. We note, however, that arguments analogous to those made by
"'parties
have were made before the House Committee on Education when it heard
.extensive testimony on a bill proposing to amend Minn. Stat. § 462.358 by permitting an
.1v apact fee to be imposed on developers to fund the purchase of land for new schools.
s=.,' -The bill was rejected by a vote of 27 to two, with three abstentions. Hearing on H.F.
988 Before the House Committee on Educadon (Mar. 24, 1995).
-8-
05/22/96 14:50 FAX 612 373 0929 GREENE ESPEL Q 011/014
Blaesser and Kentopp, Impact Fees. The "Second Generation, " 1991 Zoning and
Planning Law Handbook 255, 264.
Eagan's road unit connection charge is a predetermined money payment, assessed
as a condition to the issuance of a building permit pursuant to-Eagan's -powers. to regulate
growth and development, levied to fund off-site public roads. In regard to the final factor
identified by Blaesser and Kentopp (an amount which is -proportionate to the -need for
public facilities generated by new development), the 1977 Financing Plan noted that there
would be a deficit of $1,100,000 by the year 2000 and that 14,800 road units would be
available until 2000, and suggested "that the road charge be set at $75 per road unit."
This amount would be adjusted annually for inflation.
The legality of impact fees must depend on their �uthotlzation.
Where statutes do not expressly authorize non -home rule units
of government to adopt impact fees for any type of public
facility or service, the analysis [of the legality of an impact
feel must focus on whether any authority to adopt impact fees
for particular types -of public facilities is implied. * * * [I]n
most states, non home rule units of local government have
insufficient capital facilities financing authority under general
planning and zoning enabling statutes to justify the adoption
of impact fees.
Blaesser and Kentopp at 291-92. Minnesota statutes do not authorize non home rale
units of government, such as Eagan, to adopt impact fees.
While the Minnesota Supreme Court has held that revenue -raising fees may not be
imposed as a condition of doing business, see, e.g., Barron, 212 Minn. at 570-71, 4
N.W.2d at 624, Minnesota courts have not addressed the question of revenue -raising fees
Im
05/22/96 14:51 FAX 612 373 0929 GREENE ESPEL IM012/014
�3
imposed as a condition of issuing a building permit. Cases from other jurisdictions,
however, are instructive. Two cases struck down county efforts to raise revenue by
imposing charges on those applying for development permits:. Eastern Diversified
Properties, Inc. v. Montgomery County, 570 A. 2d 850; 855 (Md. 4990)' ("the funds
raised by the fee are used to finance road construction-.-which-.benefit[s] -the general
public"), and Hillis Homes, Inc. v. Snohomish County, 650 P. 2d -193, 195 (Wash.
1982) ('If the legislature has not authorized the action in question, it is invalid no matter
how necessary it might be."). The reasoning in Idaho -Bldg. Contractors Assn v. City
of Coeur d'Alene, 890 P. 2d 326 (Idaho 1995), while describing fees -specifically
identified as "impact fees, persuasively addresses the very concerns present in this case.
It is evident that the impact fees at issue are designed to
generate revenues to be used for capital improvements
throughout the City by all residents, and not solely for the
benefit of those seeking the building permit. * #
The City does not have in this particular instance the
constitutional or statutory authority to enact an ordinance that
collects fees from individuals which pay for capital
improvements for the public at large. * * * In order for the
tax to be effective, the City must be empowered by the
legislature or our Constitution. Finding no enabling
legislation, we hold that the impact fee ordinance is without
authority and is therefore invalid.
Id. at 330-31.5 Ibis.language reflects this court's own observation in Northern States:
'We note that other jurisdictions have reached the opposite conclusion. See, e.g.,
(continued...)
5143
05/22/96 14:51 FAX 612 373 0929 GREENE ESPEL 1@013/014
(M]unicipalitits * * * possess only such powers as are
expressly conferred by statute or implied as necessary in aid
of those powers which have been expressly conferred.
Northern States, 463 N.W.2d at 543. We conclude that upholding the road unit
connection charge would set a precedent allowing statutory cities virtually. unlimited
authority. to - impose funding measures not otherwise:permitted by:statute. in_connection
with any service they provide. A decision of this court upholding a road unit connection
charge would, we believe, directly contravene the intent of the legislature in providing
specific limitations on the power to tax. The Minnesota..legislature: has.not conferred on
municipalities the power to tax some individuals for .improvements .that will benefit the
public at large. The courts of Minnesota cannot supply what: the. legislature has not.
Therefore, we must hold Eagan's road unit connection charge to be invalid.
Finally, the district court noted that "(t]he parties agree that the issue of the City's
authority should be decided before dealing with issues of remedies.' The district court,
therefore, limited its decision to the single issue of the authority of Eagan to impose a
road unit connection charge and did not address additional issues raised by the parties.6
-'(...continued)
TFdewaterAss'n of Homebuilders, Inc. v. City of Vuginia Beach, 400 S.E.2d 523 (Va.
1991); Holmdel Builders Ass In P. Township of Holmdel, 583 A. 2d 277 (N.J. 1990);
Contractors & Builders Assn Y. City of Dunedin, 329 So. 2d 314 (Fla. 1976);
Associated Ilomebugders of Greater East Bay, Inc. Y. City of Walnut Creek, 484 P. 2d
606 (Cal. 1971).
'On appeal Eagan argues as an alternative basis for affirmance that appellants waived
their right to challenge the City's authority to impose a road unit connection charge.
(continued...)
-11-
05/22/96 14:52 FAX 612 373 0929 GREENE ESPEL IM 014/014
We also decline to address those issues. Mele Y. Stich, 425 N.W.2d 580, 582 (Minn.
1988) (restricting this court to review only those issues that the record shows were
presented and considered by the trial court in' deciding the matter -before it). Upon
remand the district court shall consider all issues and conduct all proceedings -necessitated
. by this court's determination that Eagan lacked authority to impose a road unit connection
charge.
DECISION
We -reverse the district court's grant -of summary judgment to Eagan: -and -remand
for further pr9ceedings not inconsistent with this opinion.
Reversed and remanded.
Z_Z
6(...condwed)
Fagan cites Crystal Green v. City of Crystal, 421 N.W.2d 393 (Minn. App. 1988),
review denied (Minn. May 25, 1988), in support of its waiver argument. Because this
issue was not addressed by the district court; we do not reach it.
-12-
1990 Census Total Population 50,889
1990 Group Quarters Population 899
1990 Population in Households 49,990
1995 Population Estimate 580960
1995 Group Quarters Population 821
1995 Population in Households 58,139
1990 Census Persons per Household 2.72
1995 Persons pE Household 1 2.70
All numbers are as of April l of each year.
'This total includes 77 units listed in "other" housing in the 1990 Census data. The Census defines these units as those
not fitting the defined housing categories, such as houseboats, railroad cars, campers and vans. Since no information on
"other" units is available between censuses, for purposes of 1995 population and household estimation, these units have
been allocated to the single and multiple family categories. This was done based on persons per "other" household and the
ratio of single-family to multifamily housing in the jurisdiction.
Metropolitan Council
Provisional Population Esti
a 6`
April 1,1995
--
PLYMOUTHco
,
1995 Housnn2 Units
. ... ...... w:::::: v::: .n.... n.... ...... ..n ..
.. ..:........ F.. v::::.w:::: •.v:.•: •.. ...pq ,v; r. :•.v.
::i �C •h4}::{:
.. ........................v.......... ...t .. . . .. .... .. �..... h :.i n:.
.....:.,.:?T:; ......'. ::• :...v:nw:;.•.•:;:: }}::::::. ...........{:n .. :•: ..F::::::: :::.,
:>�1990:. :
.: tii'v:{{f•...i{•ff:Y{:fif .}T::?'�•!'
.:::: •: ,•;:: ...•:...:.
•:::r:: r::.:f.::.:::::::::..:::..:.....,.,,... r:{.:: {.,..v. .:2:::::.: �:: ..: ..t.,•..,.:: .....::: „{•::?•: r..:: .:...:: .::.c! :.:.:-: r.:..v:, t. .::.::...:t..:::. ...:::•: •. ,:{.; .:..:..:: ••::: ,.:..:.};; .. ;{;{ .......,:.: ..........{ . {{ .; ..v..: :.: .....-.
:::f.!,�,� i:i•>aT:4it, ..: }•.{.r:.w:: ....: • :, }::,.1�{♦v��� :?•.�Iv:: n:. : :::Y :..:... ... ••: �}J}:?LT.:•:: .: J{.nf.;, .;}•; .:
YYYYYYNNN���111ffffffMMMMMMwwww :•.
i•:'t::fi'?::?•: '•.:.,.�;. ww is '
,yOUSIIn }' 'Hous e:€ebblds:}:
..1{•ii:A
1. .�•:}:}.{•..:
Single-family
11,831
14,010
13,658
Multifamily (incl. town homes)
7,711
8,768
7,829
Mobile Home
74
73
71
Total
19,616
22,851
21,558
1990 Census Total Population 50,889
1990 Group Quarters Population 899
1990 Population in Households 49,990
1995 Population Estimate 580960
1995 Group Quarters Population 821
1995 Population in Households 58,139
1990 Census Persons per Household 2.72
1995 Persons pE Household 1 2.70
All numbers are as of April l of each year.
'This total includes 77 units listed in "other" housing in the 1990 Census data. The Census defines these units as those
not fitting the defined housing categories, such as houseboats, railroad cars, campers and vans. Since no information on
"other" units is available between censuses, for purposes of 1995 population and household estimation, these units have
been allocated to the single and multiple family categories. This was done based on persons per "other" household and the
ratio of single-family to multifamily housing in the jurisdiction.
May 24, 1996
Vince and Kristen Palyan
5430 Teakwood Lane
Plymouth, MN 55442
r�
� CITY OF
PLYMOUTFF
Z - aa
SUBJECT: PEDESTRIAN TRAFFIC SIGNAL AT
NORTHWEST BOULEVARD AND BASS LAKE PLAYFIELD
Dear Mr. & Mrs. Palyan:
I understand that you are quite concerned with the visual aspects of the recently installed
pedestrian traffic signal on Northwest Boulevard and you expressed• this concern during the
forum at the Plymouth City Council meeting of May 15, 1996. Following your comments,
the City Council requested that staff prepare a report and bring that back to the Council at
their June 5 meeting. This report has been postponed to the June 19 City Council meeting
in order to provide staff sufficient time to inform all affected residents in the Bass Lake
Terrace and Heritage Woods Estates Subdivisions.
While the signal installation is nearly complete, it will not be activated until the pedestrian
trail on the west side of Northwest Boulevard is completed. It is estimated that this trail
work will not be completed until the end of June, but if it . is completed sooner, we will
await Council direction from their June 19 meeting before the pedestrian signal would be
activated.
Please let me know if you have any questions.
Sincerely,
A44JO-40. 44;a�
Daniel L. Faulkner, P.E.
City Engineer
cc: Fred G. Moore, Director of Public Works
Kathy Lueckert, Assistant City Manager
PLYMOUTH :1 l eautil'UPP(acc 'h Live G:%ENG%GENERAL%LTRS%DANFIPEMFRM.DW
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (612) 509-5000
May 13, 1996
Joy Tierney
Mayor
3400 Plymouth Blvd
Plymouth, MN 55447Dear Mayor Tierney,
1-04a
We are homeowners who reside in the northwest corner ofPl m uo th, just off of 54th
Avenue and Northwest Boulevard. We live in a large new development filled with many
young families who utilize the park, Bass Lake Playfields, located directly across the
boulevard. We recently had a growing concern over the amount of traffic on Northwest
Boulevard and the high speeds motorists tend to travel. In the summer of 1994 our
neighborhood signed a petition asking the city to create a safe means of crossing the
boulevard to the playfields. The city of Plymouth responded and the project is just
nearing completion.
Our concern now is how this construction is going to effect the quality and safety of our
neighborhood. The city decided to install an actuated pedestrian crossing traffic signal
right in the middle of the boulevard leading to the park. The signal will only stop traffic
when a pedestrian activates it by pressing the "walk button." The traffic light was one of
seven different pedestrian access alternatives for a pedestrian safety study developed by
Daniel Faulkner, P.E., Plymouth City Engineer.
According to the study, the controlled traffic signal was not a favorable alternative.
Instead Mr. Faulkner stated in his report that another alternative, a flashing beacon light
with a marked crosswalk, would provide the "most cost effective means of increasing the
motorist's awareness of pedestrians desiring to cross Northwest Boulevard."
In fact, according to another expert, Thomas D. Johnson, Transportation Planning
Engineer for Hennepin County, the actuated traffic signal was not a justifiable means of
creating traffic control for pedestrians wishing to cross the boulevard. He stated in a
letter addressed to the City of Plymouth, January 4, 1994, that an "unsafe condition could
be created where an unwarranted signal is installed. An unjustified signal invites people
to disregard stop indicators and thwarts voluntary compliance essential to the normal
functioning of a roadway. Further the number of rear end accidents can increase at a
signal - especially an unwarranted one." Mr. Johnson went on to say in his letter that
"...upon pressing the button of a pedestrian actuated signal light a person could
mistakenly step off the curb assuming that traffic would immediately stop, when in fact
vehicles may not stop." Instead he believed the most appropriate alternative to a safe
crossing along Northwest Boulevard was a marked crossing with warning flashers, hence
the beacon lights... the same alternative Mr. Faulkner recommended in his study.
How pleased we were to hear that a safe pedestrian crosswalk would be installed. We
were led to believe that a crosswalk consisting of yellow beacon lights would be set in
motion reminding motorists of their lawful duty to stop for a pedestrian waiting to cross
the street in a crosswalk. You can well imagined our dismay when the city of Plymouth
began the construction of an actuated traffic signal earlier this month. Not only are we
:[•4a
puzzled by the reasoning behind the building of the structure, especially since the experts
advised strongly against it, but we are also concerned about the way it will effect the
value and the quality of our home. We ask you why a structure of this size is located out
our backdoor, in the middle of the boulevard, rather than at an intersection where it would
be more appropriate? It is a terrible unwarranted eyesore and a possible noise nuisance
that we are not pleased with at all.
Yes, we are in favor of a safe crossing. We are a McGruff House who believes in the
safety of our children. We also provide child care services in our home, and as a day care
provider we use the park on a daily basis three seasons of the year. We are able to
monitor the traffic on Northwest Boulevard and can attest to the amount of traffic. There
are only 2.5 hours a day in which it is difficult to cross the road to the park. Why then is
a structure consisting of six traffic lights and two overhead street lights justifiable? The
experts disagreed with installing such a structure, why didn't the city of Plymouth?
It is not too late. The electricity has yet to be hooked up to the control signal. We
recommend that the structure be removed and reused in a more appropriate location, at an
intersection, not in the middle of the street. Once the structure is removed we suggest
adding the beacon lights that are time -of -day actuated with a marked crossing in place of
the traffic signal - the original recommendation by both the city and county engineers.
If the pedestrian controlled stoplight remains, we demand feedback and follow-up reports
regarding the effectiveness of the system. Since the road no longer belongs to the city,
the county has stated in a letter dated August 14, 1995 that the city of Plymouth is
responsible for removing the actuated street light if the "control system does not serve the
community in a manner envisioned at this time." We want written proof that the existing
actuated stop light is the most effective means of traffic control along Northwest
Boulevard leading into the park.
We stand by our belief that the structure is not the most effective means of traffic control,
and we wish to hear from you. We invite you, as city council members, to visit our new
neighborhood crosswalk. And we ask you to answer these questions: Why is a structure
this excessive not located at an intersection?
Why did the city warrant such a crosswalk against official recommendations? Is this
what the neighborhood really wanted? Would I want this in my backyard?
Sincerely,
r
ince and Kristen Paly
5430 Teakwood Lane
Plymouth, MN 55442
550-0661
May 24, 1996
Jeff and Lisa Schuler
5440 Teakwood Lane
Plymouth, MN 55442
CITY OF
PLYMOUTI-F
SUBJECT: PEDESTRIAN TRAFFIC SIGNAL AT
NORTHWEST BOULEVARD AND BASS LAKE PLAYFIELD
Dear Mr. & Mrs. Schuler:
I understand that you are quite concerned with the visual aspects of the recently installed
pedestrian traffic signal on Northwest Boulevard and you expressed this concern during the
forum at the Plymouth City Council meeting of May 15, 1996. Following your comments,
the City Council requested that staff prepare a report and bring that back to the Council at
their June 5 meeting. This report has been postponed to the June 19 City Council meeting
in order to provide staff sufficient time to inform all affected residents in the Bass Lake
Terrace and Heritage Woods Estates Subdivisions.
While the signal installation is nearly complete, it will not be activated until the pedestrian
trail on the west side of Northwest Boulevard is completed. It is estimated that this trail
work will not be completed until the end of June, but if it is completed sooner, we will
await Council direction from their June 19 meeting before the pedestrian signal would be
activated.
Please let me know if you have any questions.
Sincerely,
Daniel L. Faulkner, P.E.
City Engineer
cc: Fred G. Moore, Director of Public Works
Kathy Lueckert, Assistant City Manager
PLYMOUTH A'Beau t flu �Plaee-Tv Live G:WNG%GENML%LTMDANFV9MFIW.DW
3400 PLYMOUTH BOULEVARD - PLYMOUTH, MINNESOTA 55447-1482 - TELEPHONE (612) 509-5000
May 9, 1996
Mayor Joy Tierney
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447
Dear Mayor Tierney:
re 4 b
We are homeowners residing in the northwest comer of Plymouth. Oreason
for writing
pertains to the traffic light/crosswalk structure that has been installed oui
4W Boulevard.
As you are aware, there has been, predictably, an increase in traffic on
Blvd since the
overpass was completed north of Schmidt Lake Road. There were ob
traffic speeds and flow, and the residents in the surrounding neighborhs
as concerns about
petition asking the city to: address the need for a safe crossing to Bass
signed a
a Playfield.
We supported this effort to "install traffic control along Northwest Boul
rdrd, in the
vicinity of Bass Lake Playfield." We anticipated a standard crosswalk i
th a flashing
yellow light, pedestrian crossing sign and white stripes painted on thea
d. Based on that,
you can imagine our surprise and dismay when we arrived home last WTI
current beacon light structure hovering over our back yard!
C to find the
_
A structure of this size 4uld be placed at a busy, four-way intersectio
here
, motorists
would expect io encounter a crosswalk or traffic signal -- not in the iroiddle of a boulevard.,;,
If the Council felt so'strongly about installing a traffic signal and pedbstrian crossing, they
should have followed recommendations to construct it at a four-way intersection, such as at
55th Avenue and NW Blvd. .
Besides our obvious concerns about the structure being an eyesore in our backyard, and the
effect this will have on our home value and curb appeal, we are most concerned with the
process in which a decision was reached for this project.
` After reviewing the City Council reports that led to this decision, we were astounded that
the current structure was approved by the Council. Of most concern is the blatant disregard
for the recommendations made by professionals in the area of traffic control.
For example, a Nov. 3, 1994, memo from Dan Faulkner, city engineer, states, "In
reviewing various alternatives, it appears that the flashing beacon alternative would provide
the most cost effective means of increasing the motorists awareness of pedestrians desiring
to cross Northwest Boulevard... The pedestrian signal is a control device which would need
strong justification if pedestrian crossing warrants were not met. We would not expect
pedestrian warrants to ever be met at this location."
Faulkner offered the following conclusion, "It is recommended that the City Council
receive the Pedestrian Access Study and support flashing beacon access alternative with
trail construction—as their first priority in providing pedestrian access..."
Crosswalk.../2
May 9, 1996
Additionally, Thomas Johnson, transportation planning engineer for Hennepin County,
sent a letter to Fred Moore, City of Plymouth, on Jan. 4, 1995, citing, "...the warrants for
a pedestrian actuated traffic signal are not met and likely would never be met. Therefore we
cannot justify a signal light. In fact an unsafe condition could be created where, an
unwarranted signal is installed. An unjustified signal invites people to disregard stop
indicators and thwarts voluntary compliance essential to the normal functioning of a
roadway. Further the number of rear end accidents can increase at a signal —especially at
an unwarranted one."
He later states, "We would like the City to consider a marked crossing +-ar the driveway to
the playfield which would include pavement markings and yellow flas g lights... Further,
by having a marked crossing with warning flashers the City has the op ity to enforce
the law providing protection to pedestrians in marked crosswalks."
What became of these pedestrian crossing warrants? What justification- as offered to
convince the Council to override these recommendations and go ahead vith the pedestrian
signal? All of the expert recommendations support the installation of a flashing beacon,
signs and a painted crosswalk.
Why did the Council make the decision to spend an excessive amounto money on a
structure that is not warranted for the area's traffic needs? At the very 1 t, we would have
expected a more. conservative approach, in terms of dollars spent, to initially address the_.
issues of traffic control in this area. / --
Why not install the flashing light and painted crosswalk, and then analyze this method over
a period of time? Why would the Council disregard recommendations by professionals
who made decisions based on extensive research that the City paid to have conducted?
After reviewing the details, the only conclusion we can come to is that, in making their
decision, the Council acted on emotion versus factual information provided by Hennepin
County and City of Plymouth experts.
We request a response to our questions and concerns regarding the installation of this
actuated traffic signal/pedestrian crossing. Our recommendation to the Council is that this
expensive, excessive structure be taken down and used in a location that warrants this
amount of regulation. Replace it with flashing yellow lights, signs and crossing bands to
warn motorists of their lawful duty to stop when a pedestrian is in a crosswalk.
It is not too late to reevaluate this project. The electricity is not hooked up, and when it is,
it could be used for the flashing yellow lights. If you are not willing to disassemble the
actuated traffic signal, we request that the City monitor the area and in six months conduct a
complete a assessment of the crosswalk's use and affects on vehicular traffic. And, if still
necessary, reassess in one year to determine whether the crosswalk is'being utilized and is
located in the most appropriate area for the entire community.
Crosswalk.../3
May 9, 1996
Additionally, if the structure remains, we request the City provide mature trees to the
residents affected by the signal being installed in our "back yards." The liees will at least
help camouflage the unwarranted structure when we want to enjoy our gnce pleasant view
of the park and Bass Lake from our decks. We would also request shields be installed to
block the flashing lights and that the lights be turned off daily at 10 pmit which is when
the park closes. 7
Again, we are in support of the need for a designated crosswalk in this'area. However,
based on recommendations by experts, who cite adverse affects including an increase of
fender benders and a false feeling of safety, the installation of this parti ar structure could
actually endanger pedestrians. We ask you to review this decision and ngly consider
the advice of the experts, not just the emotions of residents. We all wa the children to be
safe, but there are alternatives to providing a safe crossing area that ha 'been proven
effective in other areas and are also less expensive. Why should this belthe exception?
Regards,
Jeff and Lisa Schuler
5440 Teakwood Lane N.':
Plymouth, MN 55442
(612) 557-0120 _ ..... ... _ . _ .
cc: Fred Moore, Director of Public Works
Don Faulkner, City Engineer
Thomas Johnson, Hennepin County
City Council Members
May 29, 1996
Mr. Fickes
11739 Gentilly Road
Maple Grove, MN 55369
Dear Mr. Fickes:
--4c.
CIN OF
PLYMOUTFF
Mayor Tierney has forwarded your letter to me for review and comment. On behalf of the
City Council, the Park Commission, the Environmental Quality Commission, and City staff, I
can assure you that preserving the trees in Plymouth is one of our top priorities. The removal
of trees is not done lightly, and is with great remorse when it is necessary.
One of the instances you quoted in your letter referred to a private individual removing trees
from his property. This property is not being platted or subdivided and is not proposed for
development where it would normally come . under the review of the City Council. The
private homeowner simply chose to exercise his individual right to remove trees.
One of the other projects you sighted was the property here behind City Hall where the new
community activities center is under construction. Five years ago, we relocated our
amphitheater due to the addition of a Public Safety Building onto City Hall. When we
relocated the amphitheater at that time, zero trees were removed for that work. We had hoped
that that would continue for a long time, but with the addition of the new facilities going in
where the amphitheater is, we were forced to make a tough decision to find a permanent home
for the Music in Plymouth program. Although a number of trees were removed, only 18 of
them were 8 inches or more in diameter. We have a budget in excess of $100,000 from which
we will be replanting the property around the building and the new amphitheater site within
the next 12 to 16 months.
Just a few quick notes for you to consider:
1. The City of Plymouth has a tree ordinance very similar to, and in some respects far
exceeds, the Maple Grove ordinance.
2. The City of Plymouth has a full time forester; Maple Groves does not. We have a very
aggressive tree sanitation program, which, during the last 20 years, has saved tens of
thousands of elm trees from destruction.
3. We have an annual budget for reforesting the City of Plymouth.
PLYMOUTH .1Beau tifu[Pface?u Live
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE 16121 504-5no11
4. We have the most aggressive and progressive wet land preservation ordinance in the State
of Minnesota.
5. We passed an open space bond referendum and had many acres of treed property
purchased before Maple Grove thought of the idea.
6. The City sells phosphorus free fertilizer to keep our lakes from becoming polluted.
These are just a few of the examples that the City of Plymouth currently has in place to make
Plymouth the desirable place it is to live, work and play. In the broad picture, Plymouth is a
community of 58,000 people with over 44,000 jobs, the lowest tax rate of the 75 largest cities
in the state of Minnesota, and our social responsibilities are met by having affordable housing
for low income individuals about three times greater than Maple Grove.
Sincerely,
S11 -
Eric Blank
Director of Parks & Recreation
cc Mayor
Council
City Manager
City Administrator/Council
City of Plymouth
3400 Plymouth Blvd
Plymouth MN 55447
Re: Deforestation in Plymouth
Mark Fickes
11739 Gentilly Road
Maple Grove, MN 55369
Your city is a depressing place to travel through. From the beginning of my route to work on
Bass Lake Road to nearly the end on Plymouth Blvd I see the results of past - and witness the
ongoing destruction due to current - deforestation projects in your city.
What with all the chip piles, uprooted stumps, log stacks {May 1, Plymouth Blvd)and burning '
Slash piles (April, north of City Half) your city could be mistaken for some third world nation
whose economy is dependent on the quick sell- off of it's natural resources or the quick clearing
of land to grow food for starving multitudes.
Your city ordinances protecting natural resources must be exceedingly weak and slanted to the
interests of "developers". Evidence the boundary of the multi -acre clm= just north of Bass
Lake Road and east of Quinwood. The northern boundary of this clearcut stops at the Maple
Grove border. Maple Grove has a relatively strong Tree Preservation ordinance with a
.replacement ratio requirement of 1.5 inches of tree diameter replaced for every inch removed.
rm surprised your citizens tolerate this unnecessary destruction of their natural resources. Perhaps
they prefer the roar of heavy equipment and the smell of diesel exhaust to the song of birds and
the smell of damp leaves. Perhaps they prefer parking lots and endless retail expansion to the
more sublime experience of nature.
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May 24, 1996
Michele and Tom Stokes
5450 Teakwood Lane
Plymouth, MN 55442
ary OF
PLYMOUTf+
2 -ca
SUBJECT: PEDESTRIAN TRAFFIC SIGNAL AT
NORTHWEST BOULEVARD AND BASS LAKE PLAYFIELD
Dear Mr. & Mrs. Stokes:
I understand that you are quite concerned with the visual aspects of the recently installed
pedestrian traffic signal on Northwest Boulevard and you expressed this concern during the
forum at the Plymouth City Council meeting of May 15, 1996. Following your comments,
the City Council requested that staff prepare a report and bring that back to the Council at
their June 5 meeting. This report has been postponed to the June 19 City Council meeting
in order to provide staff sufficient time to inform all affected residents in the Bass Lake
Terrace and Heritage Woods Estates Subdivisions.
While the signal installation is nearly complete, it will not be activated until the pedestrian
trail on the west side of Northwest Boulevard is completed. It is estimated that this trail
work will not be completed until the end of June, but if it is completed sooner, we will
await Council direction from their June 19 meeting before the pedestrian signal would be
activated.
Please let me know if you have any questions.
Sincerely,
&M -P/
Daniel L. Faulkner, P.E.
City Engineer
cc: Fred G. Moore, Director of Public Works
Kathy Lueckert, Assistant City Manager
PLYMOUTH A 'Beau tifulPlace'ty Live G:\ENG\GENERAL%LTRS%DANRPEDTRFRM.DW
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (612) 509-5000
Metropolitan Council b
Working for the Region, Planning for the Future 1i
May 29, 1996
Dwight Johnson
City Manager
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447-1482
Dear Mr. Johnson:
Thank you for your thoughtful comments regarding the Metropolitan Council's report, Growth
Options for the Twig: Cities Metropolitan Area. Your ideas and those of other Council "partners"
will be considered as we work together to determine a preferred development pattern for the
Twin Cities Area. We appreciate your participation in this important dialogue.
Your name has been placed -on our Growth Options mailing list so that we can keep you informed
as the selection process proceeds. We urge you to continue to take part in shaping our region's
future. In addition to staying involved in the Councirs Growth Options process, you may also
want to get involved with your community's local comprehensive planning process. Many of the
specific actions to implement regional development concepts will occur at the local government
level.
Sincerely,
Cu J son Jim lem
Chair 'o al Administrator
230 East Fifth Street St. Paul, Minnesota 55101-1634 (612) 291-6359 Fax 291-6550 IDDnW 291-0904 Metro Info Line 229-3780
M Squat Oppobeft Empio&er