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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 ee.ie:d N 5/3tM6 Il 2 3 4 5 6 7 8 7:30 PM HUMAN RIGHTS COMMIS- SION - Medicine Lake Mtn. M. 9 10 1 12 13 14 15 rO:0 PM PRAC - owey Lake Cont. OL 7:00 PM ENV. QUAL ITY COMM. - Hadley LakeMt`Rm. Engineering 7:00 PM PLANNING COMIAMON - Councd Chmnbas 16 17 18 19 20 21 22 In Pr sus cojoarm ON r��Yus w 7:00 PM HRA - Bass Lake Medlnj Ro, lower lavel 23 24 25 26 27 28 29 7:00 PM PACT -Hadley Lake Coni RUL, Lower Level 7:00 PM PLANNING COMMISSION - Cotm:il Charabas 30 S M TMW T F S S M TAY jW T F S 1 2 3 4 1 2 3 4 5 6 5 6 7 8 9 10 11 7 8 9 10 11 12 13 12 13 14 15 16 17 18 l4 15 16 17 18 19 20 19 20 21 22 23 24 25 21 22 23 24 25 26 27 26 27 28 29 30 31 28 29 30 31 ee.ie:d N 5/3tM6 OFFICIAL q;Dq). MEETINGS July 1996 Sunday Monday Tuesday Wednesday Thursday Edda" —I.J w S/31/96 fl 2 3 5 6 Music in Plymouths Independence Day -y Offoee Closed 7 8 9 10 flfl 12 13 7:00 PM ENV. QUAL- ITY COMM. - Hadley Lake Mfg Ron. Engineering - ryVl�� ,' 7:00 PM FRAC - Mooaey Lake Cent Rm. 7:50 PM HUMAN RIGHTS COMMLS- SION - Medicine Lake Mtf, RE 7:00 PM PLANNING COW&SSION - Council Chamben d0 f�lte�n - 14 fly 16 17 18 19 20 neo w sue cowvna ost u. R— 7:00 PM HRA - BusMfi. Lake Meetlos Ron. knrer level 21 22 23 24 25 26 27 7:00 PM PACE - Hadley Lake Con[ Rm.. Lower Level 7:00 PM PLANNINO COMMISSION - Council Chambers 28 29 30 31 June August S M T W T F S S M T W T F S 1 1 2 3 2 3 4 5 6 7 94 5 6 7 8 9 10 9 10 11 12 13 14 15 11 12 13 14 15 16 17 16 17 18 19 20 21 22 18 19 20 21 22 23 24 23 24 ZS 26 27 28 29 30 25 26 27 28 29 30 31 —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. 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V 'V a Qto 4) o 04.0 to E o Qua .0 a4 a E+ Lr y.Q7. ao G z 10 y Q z 0 V v L+ ?� rn Teo 3a .°°Q, 4- O o Mo O wC34 0C�� O .D O L I as 'd a L aa,�3�°'a°• O cr O. o O a� a wA E .. C RS Q m V y u V c°, .. cd O c p' a .r �° . .o ' ° Q 0 Ccc3W V v to�. .y.0 .. • W2 � V o � Cd O V • V �+ L" aV+ a s..d ,1r C CIS 44 toy4)o C C o 0 "0 co —4 0 V .0 y .8ao ^ cd b.4)'-'4.Av'S :-: O .� c ,� oy -0 u 4)��, OC a ^' 47 cd aQa to 0 .Q .4: a+ 1r co•� � -Z 'a V V Qin. U ca .y�+ •r Q 0 'E r. V 'V a :� to 4) o 04.0 to U9 zwx Qua 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. •: \ M \ 0 o\ \ \ \ \ \ N N \ � N ••+ N M M N •••� N � .r +{yrs , - ,\.� „\,� N „\,,, .\.i N M N M h h h h h kn h 4 yi 10 N N M 00 •-+ N N ••+ N \v r+ N N M �-+ N N N N N M N M :•,;}`,;}.} ...� •-+ N N (� M M M h h \ h \ h \ h 4$jh. •i N N 0\0 0\0 .M•� .Mr In .hr N N :' ;k}; •--� .-i •-+ •-+ N M M M M in h hvi h h in h % •.`;: :::%?i' • i %O O\ %O 01 a, %-D %O %O %O INO %O • \ ...: N N M \ o0 \ N \ N N N ..� .-+ .-� N N N \ \ \ ^� � ^� \ ^� N N N a} �+ •-+ .+ •--� N M M M M �t "t eh d eF h h h h h h h x•�?;:?�„« .o as b > ^•::>.: —% a q .� 'O j fyi 00 Q r q O a o a N N 14 pq }}n} ::::k: j,4,{A,:: 4 r 104 903 A ai 93 104,a p o, o •�u •am u :. b .� 0AUoxwFr�aGv�a��� �v,�nwwFwUFaF �� .$>i•: hi� 0 o o ME W a ° 1 12 :.'�'..':•,►,�•,p�wA►,.�Aa4�Aa Q�.,�z xp4��p,.�� tix >� pa 8 8 8 8 8 8 8 8 ;:}"' C7xC7x xC7C7x pax Aa Aa Actx xpct 2 :91 X:9 Aa '.}• ..r N en "It h%0 t- 00 O\ 0 .""-� .Nr •M� •,mow .h -i .�-. .tea .�.i .fir N N N d N N N N M M M -'��v' 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