HomeMy WebLinkAboutCouncil Information Memorandum 02-27-2009CITY OF PLYMOUTH
® COUNCIL INFO MEMO
February 27, 2009
UPCOMING MEETINGS AND EVENTS
March, April, May 2009 Official City Meeting Calendars.................................................................. Page I
Tentative List of Agenda Items for Future City Council Meetings ..................................................... Page 4
INFORMATION
News Articles, Releases, Publications, Etc ...
Ehlers Market Commentary ................................................................................................................. Page 6
MEETING MINUTES
PACT Commission Minutes 01/28/09 .................
Page 8
STAFF REPORTS
Engineering Dept. Active & Pending Public Improvement Projects 02/24/09 ................................. Page 12
Hennepin County Adult Correctional Facility Population Report 02/24/09.......................................Page 15
CORRESPONDENCE
Memo from Senness, RE: Comprehensive Plan Review Schedule ................................................... Page 16
Letter from District Court of Minnesota, RE: Budgetary Challenges at Hennepin County ...............Page 18
Letter to Baines, RE: Elm Creek Comprehensive TMDL..................................................................Page 21
Letter to Residents, RE: PUD Amendment for Hans Hagen Homes, 2009005..................................Page 23
Correspondence from Council Member Black, RE: Schmidt Lake .................................................... Page 24
Friday Fax from League of MN Cities............................................................................................... Page 30
®City of
Plymouth
Adding Quality to Life
March 2009
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CANCELLED
6:00 PM
9:00 AM -1:00
PLANNING
BOARD AND
PM
COMMISSION
COMMISSION
RECYCLING
MEETING
RECOGNITION
TOUR
Council Chambers
EVENT
Waste Management
Plymouth Creek
Facility
Center
13
14
8
9
10 5:00 PM
1173 STATE
12 7:00 PM
Daylight
Savings
SPECIAL COUNCIL
OF THE CITY
PARK & REC ADVI-
Commences
MEETING
MEETING
SORY COMMISSION
Set Clocks Ahead
'See Agenda Below
Medicine Lake Room
(PRAC) MEETING
1 Hour
Medicine Lake Room7:00
PM
Council Chambers
ENVIRONMENTAL
5:30-8:00 PM
7:00 PM
QUALITY
Environmental
REGULAR COUNCIL
COMMITTEE (EQ0
Quality Fair
MEETING
MEETING
Birchview
Council Chambers
Council Chambers
Elementary
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6:00 PM
HUMAN RIGHTS
COMMISSION
SPECIAL MEETING
Parkers Lake Room
7:00 PM
PLANNING
COMMISSION
MEETING
Council Chambers
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25
_
26
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28 —
7:00 PM
7:00 PM
7:00 PM
REGULAR COUNCIL
PLYMOUTH
HRA MEETING
MEETING
ADVISORY
Medicine Lake Room
Council Chambers
COMMITTEE ON
TRANSIT (PACT)
MEETING
Medicine Lake
Room A
29
30
31
'3/10 Meeting:
1. Discuss Highway 16
Corridor
2. Closing of Pilgrim L
ne Elementary School
Modified on 01/17/09
CHANGES ARE NOTED IN RED
Page 1
City of
Plymouth
Adding Quality to Life
April 2009
Modified on 02/27/09
CHANGES ARE NOTED IN RED
Page 2
1
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7:00 PM
6:00-8:00 PM
9:00 AM—
PLANNING
Yard Et Garden
1:00 PM
COMMISSION
Expo
Yard 6: Garden
MEETING
Plymouth Creek
Expo
Council Chambers
Center Fieldhouse
Plymouth Creek
Center Fieldhouse
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6
75 5:30 PM
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PECIAL COUNCIL
7:00 PM
7:00 PM
MEETING`
ENVIRONMENTAL
PARK @ REC
Medicine Lake Room
QUALITY
ADVISORY COM -
7:00 PM
COMMITTEE
MISSION (PRAC)
Board of
Equalization
(EQC) MEETING
MEETING
Council Chambers
Council Chambers
Council Chambers
AFTER B.O.E.
SPECIAL COUNCIL
MEETING"
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7:00 PM
7:00 PM
Primavera
Primavera
REGULAR COUNCIL
PLANNING
Plymouth Arts
Plymouth Arts
MEETING
COMMISSION
Council Show
Council Show
Council Chambers
MEETING
Plymouth Creek
Plymouth Creek
Council Chambers
Center
Center
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Primavera
Primavera
7:00 PM
7:00 PM
7:00 PM
9:00 AM -
Plymouth Arts
Plymouth Arts
Board of
PLYMOUTH
HRA MEETING
12:00 PM
Council Show
Council Show
Equalization
ADVISORY
Medicine Lake Room
City Sampler
Plymouth Creek
Plymouth Creek
Reconvened
COMMITTEE ON
Plymouth City Hall
Center
Center
TRANSIT (PACT)
MEETING
Medicine Lake
Room A
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28 5:30 PM
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306:00-7:00 PM
SPECIAL COUNCIL
HUMAN RIGHTS
MEETING
COMMISSION
Medicine Lake Room
Parkers Lake Room
Discuss Homeowner
Associations
7:00 PM
HUMAN RIGHTS
7:00 PM
COMMISSION
REGULAR COUNCIL
ESSAY CONTEST
MEETING
AWARDS
'4/7 5:30 Discuss I-4
Third Lane
Council Chambers
Council Chambers
—4/7 After B.O.E.: U
ate with City Manager
Modified on 02/27/09
CHANGES ARE NOTED IN RED
Page 2
City of
Plymouth
Adding Quality to Life
May 2009
Modified on 01/27/09
CHANGES ARE NOTED IN RED
Page 3
1
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4
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7:00 PM
7:00 PM
PLANNING
HUMAN RIGHTS
COMMISSION
COMMISSION
MEETING
MEETING
Council Chambers
Parkers Lake
Conference Room
10
11
12 5:30 PM
13
14
15
16
SPECIAL COUNCIL
7:00 PM
7:00 PM
MEETING
ENVIRONMENTAL
PARK & REC
Medicine Lake Room
QUALITY
ADVISORY COM -
Review Dial -A -Ride
COMMITTEE
MISSION (PRAC)
(EQC) MEETING
MEETING
7:00 PM
Medicine Lake Room
Council Chambers
REGULAR COUNCIL
MEETING
Council Chambers
17
18
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PLANNING
COMMISSION
MEETING
Council Chambers
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7:00
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7:00 PM
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SPECIAL COUNCIL
PLYMOUTH
UT
HRA MEETING
9:00 A PM
MEETING
ADVISORY
Medicine Lake Room
ECTAL
SPECIAL
MEMORIAL
Medicine Lake Room
COMMITTEE ON
RECYCLING DROP
DAY
Discuss Subdivision
of Lots
TRANSIT (PACT)
OFF EVENT
Observed
MEETING
Plymouth
7:00 PM
Medicine Lake
Maintenance Facility
31
CITY OFFICES
REGULAR COUNCIL
Room A
CLOSED
MEETING
Council Chambers
Modified on 01/27/09
CHANGES ARE NOTED IN RED
Page 3
Tentative Schedule for
City Council Agenda Items
March 5, Board/Commission Recognition Event, 6:00 p.m., Plymouth Creek Center
March 10, Special, 5:00 p.m., Medicine Lake Conference Room
• Discuss Highway 169 Corridor
• Discuss the closing of Pilgrim Lane Elementary School
• Set future Study Sessions
March 10, Regular, 7:00 p.m., Council Chambers
• Public Hearing—Approve new Off -Sale Liquor License for Vinifera Wines and Ales,
Inc., 1400 County Road 101 N. Suite K5
• Approve new Tobacco License for Walgreens #12510, 6025 Shenandoah Lane N
• 2008 Annual Report on Volunteer Program
• Accept donation from Plymouth Crime and Fire Prevention Fund and It's a Pet's Life for
the Plymouth K-9 Units
• Ordinance amending Section 1105 of the City Code regarding lawful gambling (tabled
from February 24)
March 24, Regular, 7:00 p.m., Council Chambers
• County Commissioner Jeff Johnson
• Approve Consumption & Display License Renewals
• Approve Refuse Haulers License Renewals
• Announcement of PACT Transit Driver Awards
April 7, Special, 5:30 p.m., Medicine Lake Conference Room
• Discuss I-494 Third Lane
April 7, Board of Equalization, 7:00 p.m., Council Chambers
April 7, following Board of Equalization, Council Chambers
• Update with City Manager
April 14, Regular, 7:00 p.m., Council Chambers
April 21, Board of Equalization Reconvened, 7:00 p.m., Council Chambers
April 28, Special, 5:30 p.m., Medicine Lake Conference Room
• Discuss homeowners associations
April 28, Regular, 7:00 p.m., Council Chambers
May 12, Special, 5:30 p.m., Medicine Lake Conference Room
• Review Dial -a -Ride
Note: Special 1feeting topics have been set by Council, all other topics ure lenlative. Page 4
May 12, Regular, 7:00 p.m., Council Chambers
May 26, Special, 6:00 p.m., Medicine Lake Conference Room
• Discuss subdivision of lots
May 26, Regular, 7:00 p.m. Council Chambers
Page 5
Ehlers Market Commentary February 23, 2009
The municipal bond market has continued to improve. After the high rates that were in place at the
end of 2008, rates have normalized further as compared to the 10 year Treasury. Our weekly summary
of competitive bond sales in the region can be found on the last page. We continue to see strong
demand and very competitive bids.
Last Week — Three Investor Goals
This broader shift in momentum is largely the result of the market's acknowledgment that munis were
a buying opportunity. More specifically, three things attracted investors last week:
1) Strong credit ratings. Investors want to preserve their investments, and highly rated bonds
benefited more than lower rated bonds.
2) Shorter maturities are in higher demand.
3) General Obligation bonds are in demand, as opposed to alternate (ie: lease or revenue)
securities, that require greater research or perceived risk.
Three Factors Potentially Impacting Future
• There is some market expectation that supply of bonds will increase in the next quarter or so,
as a result of previously deferred sales coming back to market, and new money flowing
through the system. Increased supply could temper the ability of rates to decrease much
further.
• The increase in Bank Qualification (to $30M from $ l OM) is already having an impact, with
the increased BQ supply reducing the benefit of BQ status.
• The spread between muni bonds and treasuries could continue to match historic levels, rather
than the disparate spread seen in recent months.
Credit Matters - Ratings
With AAA insured ratings scarce today, investors rely ever more on an issuer's stand-alone rating.
Yet, the two primary rating agencies (Moody's and S&P) have two different methodological
approaches.
The abbreviated story is that current S&P ratings are now approximately two notches higher than
Moody's. Further, and somewhat surprisingly, we are not seeing the market differentiate significantly
between the two rating agencies when they are pricing the bonds. More specifically for example, this
means that a AAA rating is pricing as a AAA rating, no matter who rated it. In the future, Moody's is
still considering transitioning its municipal bonds to a Global Scale Rating, which would result in
ratings approximately one to two notches higher.
ftEHLERS
LEADERS IN PUBLIC FINANCE
www.ehiers-inc.com
Offices in Minnesota (800)552-1171
Wisconsin (800) 717-9742
Illinois: (800) 417-1119
Page 6
Ehlers Market Commentary February 23, 2009
How to Address Credit Challenges to Your Community
Now that your stand-alone bond rating is even more important, what can you do to protect your rating?
Both agencies use the same general factors (economic prognosis, debt profile, financial operations and
management), but in these challenging times, management and financial planning are weighted more
heavily in their analysis.
In preparing for your rating calls, be prepared to proactively discuss your community's: long-term
financial plans; financial contingency planning — revenue and expenditure side; sources of financial
flexibility; how you are budgeting for intergovernmental aid / property taxes / building permits / etc
going forward; status of residential stock (number of foreclosures and impact); status of largest
regional employers; and various expenditure pressures.
EHLERS
LEADERS IN PUBLIC FINANCE
www.ehlers-inc.com
Offices in Minnesota (800)552-1171
Wisconsin (800) 717-9742
Illinois: (800) 417-1119
Page 7
AGENDA
PLYMOUTH ADVISORY COMMITTEE ON TRANSIT
Medicine Lake Room (upper level of City Hall)
Wednesday, January 28, 2009 at 7:00 p.m.
Present: Chair Person Gustafson, Commissioner Honer, Commissioner Paprocki,
Commissioner Cheng
Staff Present: Transit and Solid Waste Manager Hellekson, Transit Coordinator
Maciej, and Committee Clerk Tiegs
Others Present: Jim Baldwin, of First Transit Services, Inc; Jeffry Wosje
Catherine Keduzuf
Chair Person Gustafson called the PACT meeting called to order at 7:05 p.m.
1. Motion made by Commissioner Cheng and seconded by Commissioner Honer to
approve the agenda as amended. Motion carried.
2. Motion made by Commissioner Paprocki and seconded by Commissioner Honer
to approve the December 3, 2008 meeting minutes. Motion carried.
3. Review Action Items
Action Items:
1. Route reviews — due in February to PACT for review (776, NW
Plymouth)(Aug)
In progress — budget issues.
2. Name change for Four Seasons (Sept) -Too late for early Sept deadline. Next
set of route maps deadline March 2009 for distribution June
Nathan Lane Park and Ride.
3. Barricades on Marquette Ave at bus stops impede passengers and cause
safety issues. Bernie & Paul will investigate and report in January (Dec) if an
area is barricaded, even temporarily, it is not a bus stop as long as it is
barricaded and passengers must go to the nearest block that is not
barricaded. Temporary bus signs are observed by all transit providers.
Barricades talked to staff downtown signs posted on them all for buses to
follow
4. Bernie & Paul to check on bus shelter at 4th & Washington to see if it is being
rebuilt and when (Dec). URS Consulting will not address bus shelters during
construction.
Page 8
Not being addressed during construction. They will be returned at the end of the
construction. Bernie said repair will not be addressed until the construction is
complete. Honer would still like to see the broken window addressed.
Action item: Bernie to try and speak to met council/metro transit again
Cell phone signs: Large signs are not being posted in flyer the front of the bus
per Chair Gustafson.
Signage new flyers digital is not working on the front of bus. Route 772 — small
sign is hard to see. Buses are being checked weekly and report is given to
Manager Hellekson for maintenance report
Fare box 2104 broken/still not repaired per Chair Gustafson. Data for ridership is
still collected by the driver. Chair Gustafson wants these items kept on the action
list.
4. Budget Review, Manager Hellekson (hand-out provided)
Discussion centered on the fact that the projected revenue is not final. Cheng will
write to Bonoff and Anderson to help solicit transportation support. Chair
Gustafson has written the local legislatures. Has meeting scheduled with Bonoff
and will speak to her regarding the transit funding. Roger Scherer has been
invited to March meeting. Rep Anderson sent letters to transit commissioners
soliciting transit input. Next meeting Manager Hellekson will know more of what
the impact on operating expenses will be.
Agenda item for next meeting budget update. Letter from Wes Kooistra for
information only. Questions call Sarah .May numbers should be final. Lobbyist
will be working on the state so we are hopeful.
5. Fleet Update
New 15 buses will be built this year. Inspectors are being chosen for the building
process. Chair Gustafson stated new buses will not be assigned to routes until
the routes are set.
6. Minneapolis (Downtown) Access Plan
Coordinator Maciej reported to the Commissioners that mid March 2009 the
routes will move off of Marquette and Second Avenues due to the construction
project. The announcement is expected the first week of February and a Rider
Page 9
Alert will be distributed 2 weeks prior to the route change. Metro transit will also
provide a brochure for distribution. Coordinator Maciej also provided and update
on the Hwy. 101 construction project. Current status is that the County is close to
awarding the construction contract.
Action Item: Chair Gustafson will contact the Hennepin County project manager for
more information regarding the status of road closing during the construction project.
7. Plymouth Transit Performance Measurements 2008 (attached)
Handout provided from met council. Manager Hellekson passenger subsidy
overall is $4.23 to $17.16 per route to $20.00 per passenger. Bernie should have
draft expenses for 2008 available soon with appropriate benchmarks and
interpretation.
8. Performance Matrix Score Card (attached)
Studies for telecommuting could have future transit affects.
9. Issues for December 2008 & January 2009 (attached)
The Commissioners reviewed the transit complaint log.
10. Identify areas of concern and/or recommendations (Dec/Jan attached)
Commissioner Honer: Route changes 772 and moving the 4:10 to ten minutes
later would lessen the over capacity on the 4:40. 65% would think that would
work.
Commissioner Paprocki: The website has in correct information. What is the
most current schedule printing? Currently there are old schedules on the bus.
Make sure buses have most current schedule.
Commissioner Cheng: There still are fare box concerns.
Chair Gustafson reviewed the dial a ride guide that has been reprinted.
11. Other Business
Manager Hellekson informed the Commissioners that the shelter located on
Vicksburg and Shenandoah has been removed. The shelter was damaged in a
Page 10
motor vehicle accident. An insurance claim has been submitted to the insurance
of driver of the vehicle.
Again, there was much discussion regarding broken fare boxes. How are we
collecting bus fee if the fare boxes are inoperable? First Transit drivers use a
counter as passengers board the bus then fare reimbursements are submitted to
MET Council. Plymouth has not received fare reimbursement from MET Council
since October due to an agreement discrepancy. Plymouth City Council
approved the new agreement at the January 27, 2009 meeting so
reimbursements should be disbursed from MET Council.
12. Adjournment
Motion made by Commissioner Cheng and seconded by Commissioner Honer to
adjourn the meeting at 8:45 p.m. Motion carried.
Page 11
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Page 14
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447
DATE: February 24, 2009
TO: Laurie Ahrens, City Manager
cc: Steve Juettpenn
FROM: Barbara Senne§°slanning Manager
SUBJECT: Hennepin County Adult Correctional Facility (HCACF) Population
Report
Hennepin County Community Corrections staff has submitted their monthly report on
average daily population for the month of January, 2009.
The average daily population reported for the Plymouth facility was 538, less than the
occupancy limit of 601 set by the Conditional Use Permit.
The chart below shows the average monthly population since January of 2002.
HCACF Monthly Population Report
500
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Page 15
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Page 15
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447
DATE: February 25, 2009
TO: Plymouth City Council
FROM: Barbara Sennessi'lanning Manager
SUBJECT: Comprehensive Plan Review Schedule
Attached is the letter from the Metropolitan Council stating that the City's 2030
Comprehensive Plan is complete for review. The tentative review schedule is as follows:
Community Development Committee — March 16
Environment Committee — March 24
Metropolitan Council — April 8.
Attachment
Page 16
ii' Metropolitan Council
Jr
February 19, 2009
Barb Senness, Planning Manager
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
RE: City of Plymouth 2030 Comprehensive Plan — Complete for Review
Metropolitan Council Review File No. 203 61 -1
Metropolitan Council District 1 (Roger Scherer)
Dear Ms. Senness:
The Metropolitan Council received the City's 2030 Comprehensive Plan Update (Update)
on October 24, 2008. The Update was found to be incomplete for review on November
14, 2008 because additional information was required for wastewater services. All supplemental
information was received by January 8, 2009.
In accordance with state law, the Council has 120 days to complete its formal review of the
Update. The 120 -day period ends May 8, 2009. Comprehensive plan reviews go to the
Council's Community Development Committee (CDC) and Environment Committee and then to
the Metropolitan Council for action. A copy of the draft report will be forwarded to you for
your information when the report is mailed out to the CDC. You are invited to attend the CDC
meeting in order to answer questions and help Council members understand the matter from the
community's perspective.
If you have questions, please contact Freya Thamman, Sector Representative/Principal Reviewer
at 651-602-1750.
Sincerely, .
Phyllis Hanson, Manager
Local Planning Assistance
RIO
Roger Scherer, Metropolitan Council District 1
Freya Thamman, Sector Representative and Principal Reviewer
Housing Preservation Project
Cheryl Olsen, Reviews Coordinator
lnli v.metrocou nctl.or,
390 Poberi Street North • St. Paul. NIN 55,01-1805 • 16511 602-1000 • Fax 1651; 602-1550 •-rn-1651 -91-0004
It Eq,afi,,,,,���,�.,.:��, Page 17
STATE OF MINNESOTA
DISTRICT COURT OF MINNESOTA
FOURTH JUDICIAL DISTRICT
MARKS.THOMPSON
DISTRICT COURT ADMINISTRATION
12TH FLOOR COURTS TOWER
HENNEPIN COUNTY GOVERNMENT CENTER
MINNEAPOLIS, MINNESOTA 55467-0021
(612)346-7757
FAX (612) 30&2131
February 23, 2009
Kelli Slavik, Mayor
City of Plymouth
3400 Plymouth Blvd
Plymouth, MN 55447-1448
Dear Mayor Slavik:
As you know, the Minnesota legislative session is turning into an unprecedented discussion on
budget reductions in all three branches of government. I am writing to inform you of the serious
budgetary challenge we currently face at Hennepin County District Court (HCDC) and how it
may affect your municipality.
In preparation for potential further budget cuts, the Minnesota Judicial Branch prepared a list of
low -priority activities that are either not constitutionally -mandated or do not significantly affect
an individual's access to the courts.
Ceasing two of these activities would have a significant impact on the municipalities of
Hennepin County:
Disposition of non-moving (mostly parking) violations. This change would largely
affect the city of Minneapolis but also suburbs where there are a substantial number of
parking violations; and
Disposition of all moving violations (including fine collection). This change is of
greater concern and could result in a lower amount of revenue to the municipalities than
what they previously received from HCDC.
In FY 2008, HCDC's budget was $46.9 million, while it collected and disbursed $52.3 million.
As noted in the enclosure, HCDC returned almost $16.5 million of this revenue to the
municipalities of Hennepin County. (The rest went to the state General Fund and various
governmental agencies / subdivisions.)
It is very likely that a proposal for further budget cuts to the courts would render us unable to
handle the types of cases that generate most of this revenue, which your city depends on in part
for essential public safety services. Doing some simple math, Hennepin County District Court
collects about the same amount of revenue countywide as it takes for municipalities to fund
about 230 police officers.
Page 18
Mayor Kelli Slavik
February 23, 2009
Page Two
While it is certainly possible to transfer some of these enforcement and collection responsibilities
from HCDC to the municipalities in which the violations occurred, doing so would require you
to establish new administrative mechanisms.
We are regularly meeting with members of the Hennepin County legislative delegation to
explain the highly adverse consequences of further cuts to the court's budget.
Please call or e-mail me if you have specific questions. Otherwise, any communication of your
concerns would best be dirpeg4Ao your state legislators or the Governor's office.
Sincerely,
Mark S. Thompson
Judicial District Administrator
Hennepin County District Court /
Fourth Judicial District
(612)348-7757
mark.thompson@courts.state.mn.us
Enclosure
C: Laurie Ahrens, City Manager
Police Chief Mike Goldstein
Page 19
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Page 20
rp)City of
Plymouth
Adding Quality to Life
Mr. Doug Baines, Chair
ELM CREEK WMO
3235 Fenbrook Lane North
Plymouth, MN 55447
February 25, 2009
SUBJECT: ELM CREEK COMPREHENSIVE TOTAL MAXIMUM DAILY LOAD AND
IMPLEMENTATION PLAN FOR IMPAIRED WATERS IN THE ELM
CREEK WATERSHED
Dear Mr. Baines:
Thank you for your letter of January 29, 2009 regarding a comprehensive total maximum daily
load (TMDL) and implementation plan for impaired waters in the Elm Creek Watershed. The
City understands Elm Creek from its headwaters to the Mississippi River confluence is currently
listed for a dissolved oxygen (DO) impairment, and the upstream reaches and tributaries of Elm
Creek (Rush Creek and Fish, French, Diamond, and Henry) are listed for a range of impairments
including excessive nutrients, dissolved oxygen, and biotic health.
The City of Plymouth is involved in the development of several other TMDL and implementation
plans through the Bassett Creek, Shingle Creek, and Minnehaha Creek watershed management
organizations (WMOs). WMOs are the natural place to develop TMDL's and implementation
plans and the City supports the efforts by the Elm Creek Watershed Management Commission
(ECWMC) to address several impaired waters within its jurisdiction.
The City of Plymouth, however, will decline the ECWMC request to support a resolution
authorizing the ECWMC to develop this comprehensive TMDL and implementation plan. As
with other WiVIOs, we believe the ECWMC is within the authority of the Joint Powers Agreement
to conduct such studies and expect to participate through our appointed Commissioner and
Technical Advisory Committee representative.
Per Section 5.4 (A) of the Joint Powers Agreement, the City of Plymouth has authorized
appointment to the ECWIvIC TAC (resolution enclosed). The City's designated representative
shall be Kevin Springob.
Sincerely,
GZL>,iGP/ C�fi 4444 i
Laurie Ahrens
City Manager
Cc: Fred Moore, Commissioner
Bob Moberg, City Engineer
Derek Asche, Water Resources Manager
Kevin Springob, Water Resources Technician
3400 Plymouth Blvd • Plymouth, Minnesota 55447-1482 • Tel: 763-509-5000 • www.ci.plymouth.mn.us' 0,0:\Engineering\WTRRESRC\Watersheds\Elm Creek\baines_ELMCREEK_comprehensive
Page 21
CITY OF PLYMOUTH
RESOLUTION NO. 2006-289
AUTHORIZING APPOINTMENT TO THE
BASSETT CREEK WATERSHED MANAGEMENT COVTVIISSION,
ELM CREEK WATERSHED MANAGEMENT COMMISSION AND TEE,
SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION
TECHNICAL ADVISORY COMMITTEES
WHEREAS, the City of Plymouth has memberships with the Bassett Creek
Watershed Management Commission, Elm Creek Watershed Management Commission,
Shingle Creek Watershed Management Commission, which are Minnesota joint powers
organizations, organized pursuant to Minnesota Statutes, Section 471.59 and Section
103B.211 (the "Commission'); and
WHEREAS, these three Watershed Management Commissions have created
Technical Advisory Committees (TAC) in response to 1999 legislation prohibiting city staff
from becoming commissioners ofjoint powers organizations; and
WHEREAS, it is the desire of the City Council to appoint one staff member and one
alternate staffmember to each of the three Watershed Commissions TAC for representation,
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY
COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the City Engineer
or his/her designee shall serve as the TAC representatives to the Bassett Creek Watershed,
Management Commission, Elm Creek Watershed Management Commission and Shingle
Creek Watershed Management Commission and the Water Resources Engineer or his/her
designee shall serve as the alternate representatives to the respective Watershed
Management Commissions.
ADOPTED by the City Council on July 25, 2006.
STATE OF MINNESOTA)
) ss
COUNTY OF HENNEPIN)
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth,
Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the
Plymouth City Council on July 25, 2006, with the original thereof on file in my office, and
the none is a correct transcription thereof.
„�r,;&WSS my han offs Tally as Such City Clerk and the Corporate seal of the City
this dayof 20
L� Gil
City Clerk
Page 22
rp)City of
Plymouth
Adding Quality to Life
February 24, 2009
Dear Resident/Land Owner:
The City has recently received an application from Hans Hagen Homes, Inc., under File No.
2009005, requesting approval of a PUD (Planned Unit Development) amendment to allow
construction of a 40 -foot by 80 -foot volleyball court for Joe Senser's Restaurant located at 16605
County Road 24. The volleyball court would be located within the parking area west of Joe
Senser's Restaurtant. A map showing the location of the subject property is provided below.
This letter is being mailed to all landowners within 750 feet of the site in order to provide notice
and information about the application — in advance of the official notice that will be sent out
prior to the Planning Commission's public hearing on the matter. The City will send out another
letter notifying you of the Planning Commission public hearing date, not less than ten days prior
to the hearing date. The purpose of the public hearing is to allow neighboring property owners to
appear in front of the Planning Commission to ask questions and make comments relating to the
application. You may also submit comments in writing. All written comments will become part
of the public record.
If you have any questions or comments concerning this application or the review procedures,
please call Shawn Drill, Senior Planner, at (763) 509-5456.
INFORMATION relating to this request may be examined at the Community Development
Information Counter (lower level), on Mondays and Wednesday through Friday from 8:00 a.m. to
4:30 p.m., and Tuesdays from 8:00 a.m. to 6:00 p.m., except holidays.
Sincerely,
Barbara G. Senness, AICP
Planning Manager
nod ces/20092009005-first-notice.doe
3400 Plymouth Blvd • Plymouth, Minnesota 55447-+.=!3= • Tel. 763-509-5GOG • rrwr/.ci.ulymcuih.irn:.us &
9 ;',.
Page 23
Laurie Ahrens
From: Ginny Black
Sent: Thursday, February 26, 2009 3:20 PM
To: Brad Pierson; rebehm@aol.com
Cc: Doran Cote; Laurie Ahrens
Subject: RE: Schmidt Lake East Delta # 3
I look forward to hearing from you after you have had a chance to look at the letter in detail.
From: Brad Pierson [mailto: brad.pierson@jbnelson.com]
Sent: Thu 2/26/2009 9:50 AM
To: Ginny Black; rebehm@aol.com
Cc: Doran Cote; Laurie Ahrens
Subject: RE: Schmidt Lake East Delta # 3
Dear Ginny,
Thank you for a response. I was wondering if anyone would be responding from the city. I agree with you about my
three main points.
A quick look at your letter basically confirms several of my suspicions but I find one item that is not correct. You
comment that staff could not measure to the south side of our dock due to a pontoon boat located there. Our pontoon
boat was removed in the summer of 2002 shortly after my daughters high school graduation to the family cabin. The
reason for removing it was the vast amount of sediment from the road reconstruction project didn't allow for sufficient
freeboard under the pontoon. To my knowledge in the 6.5 years since, we haven't had any boat whether pontoon, row,
john, fishing, speed or sail tied up to our dock. I can only assume staff is confusing our dock with the Ron Behm
residence to the north and as shown in the picture. While I can see in the picture you provided that they did indeed
measure south of our dock, I don't see any measurements in the current delta fan area that was very apparent last
summer or fall. It could be because of rains shortly thereafter, but it wasn't because of a boat tied up there.
I look forward to hearing about the information you find regarding the maintenance records for the sump -manholes.
In the meantime, I will read and digest your letter a bit more thoroughly. I will also confer with Ron Behm on his
thoughts.
Thanks,
Brad Pierson
Project Manager
Julius B. Nelson & Son, Inc.
Cell: 612-965-4951
Office: 612-379-3347
Fax: 612-379-7004
From: Ginny Black [mailto:GBlack@ci.plymouth.mn.us]
Sent: Thursday, February 26, 2009 8:59 AM
To: Brad Pierson; rebehm@aol.com
Cc: Doran Cote; Laurie Ahrens
Subject: RE: Schmidt Lake East Delta # 3
Page 24
Dear Mr. Pierson;
When I got back from vacation I looked through my e-mails and I found your Feb 3, 2009 e-mail. I apologize for not
responding sooner. It came at a rather chaotic time and got lost in a blizzard of e-mails.
It seems that you have three main points:
1. The location of the depth measurement for the delta fan, i.e. the delta extending farther south and west than
shown on the attached map
2. The changing shape and expansion of the delta when it rains
3. "...completing the project in a satisfactory manner."
To your first point, the map attached to your e-mailed was very preliminary information, intended to give the council a
"feel" for the scope of the issue. Staff is currently engaged in gathering additional information on which to base any
recommendations to the Council regarding any future project.
In talking with staff it is my understanding that the survey done to create this map was done by actually walking the
delta area using a measuring tool and a GPS system. So, at least for the time the survey was taken, it is an accurate
representation of the delta in the lake.
You expressed concerned about the straight line of the survey on the north side of your dock, i.e. that the delta fan
extends further to the south of that line. I talked with city staff about this and learned that at the time the survey was
completed, there was a pontoon boat dock at your dock and staff could not survey the immediate area under the boat.
However, staff did send me the same map you included in your e-mail (attached - without the picture) and it clearly
shows that staff did survey on the south side of your pontoon boat. Staff concluded from the in -lake readings that the
delta edge had ended somewhere to the north of those southern most readings. This seems to be a logical conclusion to
me.
Your second point was the changing shape of the delta and the expansion. I have no doubt that the delta area is
changing shape. Lake levels, currents and water coming into the lake through the storm water system will impact the
deltas shape. Likely this has been happening continuously over the years but went unnoticed because it caused no
problems.
Another new factor affecting the delta location is the installation of a silt fence by a resident. The silt fence is redirecting
water coming into the lake, which is also likely moving the in -lake sediment, changing the shape of the delta.
In addition, one old factor that may have impacted the breath and extent of the delta fan is the information staff
received from Mr. Behm that sand blanket(s?) had been laid down by residents to create a beach during the summer
months. The extent to which this has contributed to the delta fan is unknown. City staff is taking soil samples of the
delta in order to type the materials for disposal purposes should a project be conducted here. I am hopeful that those
samples may provide some clues to the origins of the materials forming the delta.
You have expressed the view that new sediment coming in to the lake when it rains is expanding the delta. Historically,
the city has used sand on streets in the winter to improve public safety, so some of the older sediment washed into the
lake with spring rains is likely a result of those activities. However, the City discontinued that practice (by my memory) 4-
5 years ago, so that is no longer a source of sediment in the lake.
In addition, sump -manholes were installed at the time of the street reconstruction for the sole purpose of removing grit
from street runoff before it reaches the lake. I am having staff research the maintenance record on the sump manhole
to be sure that they are well maintained and functioning as they should. Assuming they have been maintained, grit from
Page 25
the streets should be caught at these points and not reach the lake, minimizing the external sources contributing to the
sediment delta.
Finally, as of 2004, the city increased its street sweepings efforts around several lakes including Schmidt Lake. So
between the discontinued use of sand on streets during the winter, the installation of sump -manholes and the
additional street sweepings the amount of grit/fines entering Schmidt Lake as a result of city and citizen activities has
been greatly reduced.
On your third point, I am unaware of any project proposed in Schmidt Lake or in any other lakes within the city that
would result in the removal of sediment deltas in lakes. As I recall the last city council meeting at which sediment deltas
in lakes were discussed, was during a study session on the Capital Improvements Budget. At that time the Council
agreed to put $50,000 in the budget for potential future projects. However, no projects were identified at that time and
any project that would be identified would need to be brought to the City Council for approval.
Finally, I have talked with both Mr. Cote and a number of city staff about recent staff activities regarding the delta it
Schmidt Lake. All have told me that staff has been doing some additional information gathering on the extent and
nature of the delta, but that those efforts are on going, and have not resulted in any proposal by staff to engage in a
project at this site. Whether their findings result in a project or not remains to be seen.
Thank you for your e-mail on this topic. I will continue to work with you, Mr. Behm and the Schmidt Lake Association to
reach a conclusion on this issue.
Sincerely,
Ginny Black
Plymouth City Council, Ward 4
From: Brad Pierson[mailto: brad. pierson@jbnelson.com]
Sent: Mon 2/16/2009 1:28 PM
To: Ginny Black
Cc: rebehm@aol.com; bc.pierson@hotmail.com
Subject: Schmidt Lake East Delta # 3
Hello Ginny,
I sent an email a couple of weeks ago that included a letter and copy of the measurements for our location that the city
had completed regarding the deltas throughout the city of Plymouth. I had included yourself and several members of
the City Public Works Department including Doran Cote and Derek Asche. It was regarding the storm sewer delta
situation that Ron Behm and I share on the east side of Schmidt Lake. I haven't heard anything and was trying to make
sure you had received it. Could you please respond to verify if you had.
Thanks,
Brad Pierson
Cell: 612-965-4951
Office: 612-379-3347
Home: 763-557-0353
Paye 26
Brad Pierson
From:
Brad Pierson [bc.pierson@hotmail.com]
Sent:
Monday, February 02, 2009 9:57 PM
To:
Brad Pierson
Subject:
FW: Schmidt Lake Sediment Delta
Hello to all,
My wife, Diane, and I have been neighbors to Ron and Lois Behm for the last 2+ years. The house was
previously owned by Diane's parents for 20+ years, we were involved in and aware of various projects at
the house. We share the lot line of the storm sewer in question with Behm's being to the north and we
being to the south. Ron and Lois have been here since the inception of the development in 1981. During
a recent Schmidt Lake Homeowners Improvement in December Ron brought up information and a copy of
the Sediment Delta Project as completed by Kevin Springob for the City of Plymouth.
After making a copy of it and looking it over, I contacted Doran Cote, the Director of Public Works for the
City of Plymouth. My reason for contacting him was twofold, a possible scheduled completion date so I
could remove our dock for the work to be completed and that my feeling that based on Figure 8. Schmidt
Lake East #3 (attached) of the report about 25% to 30% of the delta had not been considered. Our
conversation was brief as he did not have a copy of the report at hand, but he stated he would or one of
his associates would get back to me, samples were being taken at two locations including ours at very
expensive cost, they would take a while to process and if anything was going to be completed, it would be
in late 2009 or early 2010. That conversation was approximately January 6, 2009.
On January 21st and 22nd, Kevin Springob and I had several conversations regarding this delta. When I
stated that I thought the delta was being misrepresented, Kevin said the remaining areas did not meet the
"criteria", clarified that they are not part of the delta and any work completed would be completed only to
the extent of this report. When pressed for the definition of the "criteria" he stated it was 1'-0 below the
normal water level. I have several issues with his report.
The first is how there are no measurements taken or shown per Figure 8 Schmidt Lake East # 3 on on the
south side of our dock. How is it possible that a delta, which is formed by flowing water, can be stopped
in so straight a line on the north side of our east/west dock. I feel that the delta extends quite farther
south and west than as shown on Figure 8 and is not included in the report or calculations. I am aware
that Ron Behm has had various conversations with Ginny Black, Doran Cote and with Derek Asche
regarding this delta. As Ron can attest to, the delta built up on the north and west over time and in the 2
or 3 years prior to our move into the house, the current moved to a more southerly route or to a lower
elevation under our dock. This would be a natural progression as the delta filled in. A simple in person
inspection and walk around the dock would clarify that. The current to date runs straight west as noted in
the recent warm up we had this past weekend.
My second issue is that with every rainfall and snowmelt, the delta changes shape, being redistributed,
always expanding larger. While the dates of the measurements are unknown to me, I doubt they were
taken the same day as the report was written on September 2, 2008. I am only guessing that the
measurements were taken sometime in August, possibly July. My knowledge of the area in
November allows me to comment that the delta extends well past the west end of the dock about 8' to
10', all the way to the southwest post of the southern point of the dock, extends diagonally back to the
southeast for about 15' to 20' and then returns to the intersection of the main dock and shore. This is
accountable not from any misrepresentation by Kevin Springob, but by rainfall redistributing the delta
from the time the measurements were taken. Any measurements, while accurate the day of the testing,
are worthless after the next rainfall.
Page 27
My third issue would be completing the project in a satisfactory manner. As the delta is a moveable unit
due to weather and currents, it does not fit into a definite "criteria". I agree that you have to have
"criteria" to follow and make an educated decision, but when it comes to completing the project, I believe
there is discretion on how far you take the work to complete it in a satisfactory manner. You should not
leave sizeable portions of the delta as it does not fall under the "criteria" that has been set.
If the delta had moved that much as noted in my second issue, in the approximate 3 months from August
to November of 2008, how much will it have expanded up to the hopeful completion date of late 2009 or
early 20107
My concern and request is to build into your budget a financial buffer to take into account the current
expanded delta and any increase from now until the anticipated completion date to conduct a thorough
completion of the proposed project and not something half -done.
I further welcome any discussion, preferably this coming spring, on site with all of you to discuss this
situation.
Thank you,
Brad Pierson
4695 Goldenrod Lane N.
Plymouth, MN 55442
H 763-557-0353
Windows Live TM: E-mail. Chat. Share. Get more ways to connect. See how it works.
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Feb 20 2009 17:44:41 Via Fax —> 763 509 5060 Administrator
O \�
j_EAGU E OF
(MINNESOTA
CITIES
-FridayFax-
A weekly legislative update from the League oj'Minnesota Cities
League President, First VP meet with
House Speaker
On Thursday, Apple Valley Mayor and League
President Mary Hatnann-Roland along with
Rochester Mayor and First Vice President
Ardell Brede met with House Smaker Margaret
Anderson Kelliher (DFL -Minneapolis) to
discuss the state budget deficit and the
governor's proposed cuts in local government
aid (LGA) and market value homestead credit
(MVIfC) reimbursement.
Mayor Hatnann-Roland reminded the Speaker
about the deep December una.11otments of city
aid and credit programs, and the challenges
created by the extremely tight levy limits. She
and Mayor Brede highlighted their concerns
about the magnitude of the deficit and the
governor's proposed 2009 and 2010 reductions
for cities, and discussed the need for flexibility
for cities to address not only the December
reductions but the potential for additional deep
reductions in 2009,
Speaker Anderson Kelliher responded by
agreeing that, similar to the state, cities need to
have "all the tools in the toolbox" to address
the challenges of the weak economy and the
state deficit. She indicated that House and
Senate members are looking for input and ideas
at the meetings that have been scheduled
around the state and she encouraged local
officials to participate in those meetings.
Questions? Contact (Lary Carlson at
6.51.281.125.5 or szarlson(cilbne.otg.
Paye not Of 007
February 20, 2009
Page* I
emergency debt certificates for unexpected
revenue shortfalls was considered by the House
e
Prooertv Tax and Sales Tax Division on
Wednesday. The bill, HF 686, is authored by
Rev. Ann Lericzewski (D)FL-Bloornington) and
Rep. Paul Marquart (DFL -Dilworth).
Rep. Lenezewski offered an amendment to
clarify the interaction of the proposed
emergency debt authority and the special levy
authority enacted last session for loss of state
aid due to unallotment..Her amendment
clarifies that a local unit of government could
declare a special levy for either the unallottnent
cuts or for the debt service for emergency debt
certificates, but not both. Committee members
supported the legislation and it will be
considered for inclusion in the omnibus tax bill.
The legislation will provide local units of
government with a tool to cope with the
December unallottnent of $66 million in city
aid and credit reimbursements and the potential
for further, significant aid and credit
reimbursement reductions for 2009. Under the
bill, if the receipts of local government are
reasonably expected to be reduced below the
amount provided in the local government's
budget when the final property tax levy to be
collected during the fiscal year was certified
and the receipts are insufficient to meet the
expenses incurred or to be incurred during the
fiscal year, the governing body of the local
government may authorize and sell certificates
of indebtedness to mature within two years or
less from the end of the fiscal year in which the
certificates are issued.
Emergency borrowing bill considered The maximum principal amount of the
certificates thatt it may issue in a fiscal year is
limited to the expected reduction in receipts
A League -sponsored bill that authorizes all plus the cost of issuance. The certificates may
cities, counties and townships to issue
For more infnrmatlun on city Icgislativc issues, contact any member orthe League of Minnesota Cities Intergovernmental Relations team.
651.281.1200 or 800.925,1122,111d www.11morg
Page 30
Feb 20 2009 17:45:36 Via Fax -> 763 509 5060 Administrator Paye 002 0f 007
-FridaY Fax-
j_EAGUE Or
MINNESOTA 4 weekly lcgislativc updatefan flit, League uj'Minnesota Cities
CITIES February 20, 2009
be issued in the manner and on the terms the
governing body determines by resolution. The
governing body of the local government shall
levy taxes for the payment of principal and
interest on the certificates in accordance with
Mitm.Stat. § 475.6 1, the statute governing
property tax levies for debt. The bill would not
include these certificates in the calculation of
net debt of the issuing local government.
The bili defines loss of receipts to include
amounts scheduled to be received by the local
government for the fiscal year from a) taxes, b)
aid payments previously certified by the state to
be paid to the local government, c) state
reimbursement payments for property tax
credits and d) any other source-
The
ource
The companion bill, SF 520, has been
introduced in the Senate by Sen. Tom Bakk
(DFL -Cool:), Sen. Linda Scheid (DFL -
Brooklyn Park), Sen. Yvonne Pretmer-Solon
(DFL -Duluth) and Sen. Ann Rest (DR. -New
Hope). We expect a hearing on that bill in the
near future.
Questions? Contact Gary Carlson at
651.281,1255 or t;carLton(a)Imc org.
GASB pooling relief?
Among the mandate relief ideas being
suggested by the League is a proposal that
could reduce the cost of employee health care
as well as reduce the cost of complying with
the Government Aecountina Standards Board
(GASB) Statement No. 45, which addresses
Other Post -Employment Benefits (OPEB).
Although most cities do not provide employer -
paid health care benefits to retirees, it state law
requires cities to allow retirees to purchase
Page 2
health insurance under the city's group health
care plan which triggers an accounting
requirement tinder the GASB Statement No. 45
that forces cities and other local units of
government to conduct costly actuarial studies
every two to three years, depending on the size
of the governmental unit,
Minn. Stat. § 471.6 1, subd. 2B, requires local
units of government to pool early retirees with
active employees for purposes of determining
premiums and coverage for group medical and
dental insurance. When retirees and active
employees are pooled together, as required
under Minnesota law, the overall premium paid
by the city and the active employees is likely
higher than it would be if the retirees were
insured separately. The increase in the cost to
the city is termed "implicit rate subsidy"
Linder the GASB standards, this rate subsidy
should be calculated and accounted for on city
financial statements as a long -tern liability
evert though the city covers these costs on a
pay-as-you-go basis.
The League has worked closely with an
actuarial firm to conduct some benchmark
studies of the implicit rate subsidy. In a city
with less than 100 employees and a population
of about 12,700, the results showed a total
liability for the implicit rate subsidy of over
$800,000,
The League is proposing legislation to allow
cities the option of separately pooling retirees.
As a result, cities would potentially have lower
health insurance costs and would not have to
incur the costs of an actuarial valuation or
reflect a liability on their financial statements,
which could impact their bond rating or ability
to raise capital.
For mom mAimtation on city legislative issues, conlact any member orthe Lengue of Minnesota Cities Intergovernmental Relations team,
651.281.1200 or 840.925,1122 and www.1lnc.0r9
Page 31
Feb 29 2009 17:46:41 Via Fax -> 763 509 5860 Administrator Paye 003 Of 007
00
LEAGUE of
MINNESOTA
CITIES
-FridayFax-
A weekly legislative update firom the League gfMhinerota Cities
February 20, 2009
Under the proposed legislative change, cities
would still be required to offer the retirees the
option to continue health and/or dental benefits
indefinitely. However, the city would have the
option of charging retirees a different premium
and different benefit options than what is
provided to active employees, thereby
eliminating the implicit rate subsidy.
The proposed legislation is not without critics.
Several potential authors have asked the
League to float the idea with employee groups,
including the American Federation of State,
County and Municipal Employees (AFSCME),
before they would introduce the legislation.
The initial AFSCME reaction was to strongly
oppose the legislation. We have floated the
legislation to the House mandate relief effort
being chaired by Rep. Morrie Lanning
(R -Moorhead), and will know early next week
if the language is included in his mandate relief
bill.
Questions? Contael Gat}, Carlson at
0'51.281.1255 or gcarbson a;Intaorx.
Senate Transportation Committee
briefed on plan for federal stimulus
funds
The Senate Tram-mortation Committee was
briefed Thursday by representatives of the
Minnesota Deoaruneut of TranSDOrtatiOlt
(Mn/DOT) on how the department intends to
use the approximately $500 million in federal
stimulus funds the state expects to receive for
transportation projects.
According to documents provided at the
hearing, about 30 percent (or $1.55 million) of
Minnesota's American Recovery and
Reinvestment highway funds will be distributed
Page 3
to local units of government. The timeline is
challenging in that half of the funds for projects
must be committed within 120 days. The
remainder must be committed within one year.
Mn/DOT's State Aid Division will develop and
manage the local program for these funds.
Project costs will be covered 100 percent by the
federal funds, with no match required.
One important detail for cities that was
previously unclear is that the distribution of
funds for local units of government will closely
resemble the state aid formula. This means that
cities under .5,000 population will not be
eligible to directly apply for funds and will
have to work with Mn/DOT district offices and
counties to secure stunulus funds.
Mn/DOT has provided lists of local proiects
that have been approved in Greater Minnesota.
The department is deferring decisions about
Metropolitan Area pmjeets to the Metropolitan
Council's'£ransportation Advisory Board,
The department has also launched an effort to
keep the public informed of developments.
This information, as well as a link to subscribe
to updates, is available at
www.dot.state.iiiii.Lts/federaii-f,covery
Questions? Contact Anne Finn at 651.281.120'3
or afinnOVinc. of
Street improvement district bill
introduced
Pep- Frank Hornstein (DFL -Minneapolis) this week
introduced legislation that would allow cities to
establish street improvement districts. The bill, HF
956, which was initiated by the League, would
authorize cities to collect fbcs from property owners
within a district to fund municipal street
fur more mrormution on city legislative issues contact anv member of the League of.Minnewta Cities Intergovemmenml Relations team.
651.281.1200 or 800.925.1122 aad www.lmc.orh
Page 32
Feb 20 2889 17:47:41 Via Fax -> 763 509 5060 Administrator Paye 004 Of 007
O \�
j_,EAGU E of
MINNESOTA
CITIES
-FridayFax-
A iveckly lcgislative updateTorn the League of Minnesota Cities
February 20, 2009
maintenance, construction, reconstruction and
facility upgrades_
Under the proposal, the municipality would be
required to adopt a street improvement plan that
identifies and estimates the costs of proposed
construction, reconstruction, facility upgrades and
maintenance for the following five years. Fees
would then be apportioned to all parcels located in
the street improvement district oil a uniform basis
within each classification of real estate.
The League believes this authority would
provide an additional funding mechanism that
is fair to property owners. It requires a
relationship between who pays fees and where
projects occur, but stops short of the benefit test
that sometimes makes special assessments
vulnerable to legal challenges. It also does not
prohibit cities from collecting fees from tax
exempt properties within a district.
This tool would also allow cities to perforin
maintenance and reconstruction on schedule.
Timely niaintenatice is essential to preserving
streets and thereby protecting taxpayer
investments. Finally, street improvement fees
would allow property owners to fund expensive
proiects by paying relatively small fees over
time. The tool could be used to mitigate or
eliminate the need for special assessments.
The League is also encouraging cities to
consider seeking special legislation to establish
street improvement districts. This will be
helpful in making the case that cities have
specific needs for this tool; and, in. the event the
bill that would grant broad authority to cities
does not become law, individual cities might
still have a chance at securing authority. The
League has developed a resource kit to assist
cities interested in pursuing individual
authority, and will assist those cities in
Page 4
requesting the bill draft and hearings, and with
working with key legislators. To view the
resource kit, go to
httri://www.lmc.orWpa,ge/1 /street-
improvement.isp.
The League is seeking support for this initiative
among city officials and legislators. Watch for
further information in the coming weeks.
Questions? Contact Anne Thin, at
6-51-281,1263 of afinn(ii lnic.otg.
Library MOE discussed .in House
committees
On Wednesday, a panel made up of four
legislative committees took time to gain a
better understanding of the library maintenance
of effort (MOE), and the various health MOEs
that are applied to counties. The four
committees brought together about 45
legislators, more than one-third of the entire
House of Representatives for the presentation
by House Research staff and the Denartnment of
Human Services. The members came from the
House Tax Committee, Property and Local.
Sales Tax Division, the Health Care attd
Human Services Policy and Oversight
Committee and the Health Care and Human
Services Finance Division. The four -
committee overview was unique when
compared to typical legislative committee
structures.
Public testimony was very limited due to the
volume of committee member questions. Three
different counties testified together and used
only about three minutes of time in the allotted
remainder for the committee. The League was
prepared to testify in support of flexibility for
the library funding MOE, or an actual outright
For more infunnation on city legislative issues, contact any member of the League or Minnesota Cities ]ntergovemnxntal Relations team.
651,281.1200 or 802925,1122 and www.IiTic.org
Page 33
Feb 20 2809 17:40:35 Via Fax -> 763 509 5060 Administrator Paye 005 Of 007
C0 ()
j_EAGU E of
[MINNESOTA
CITIES
-FridayFax-
A weekly legislative update from the League oJ'Minnesota Cities
February 20, 2009
repeal. Mike Martin, Community Development
Director for the city of Kasson was on hand to
present as well. The League has submitted this
idea to address various mandate relief efforts
taking place in the early days of session, as
legislators grapple with how to make local
government delivery easier in an age of likely
aid reductions.
Members of the panel asked the right questions
of the various MOEs, and Tax Chair Rehr.
Lenczewski (DFL -Bloomington) summed it up
by reminding; members that while it's hard to
look at these complicated formulas and make
changes, the timing is right because of the
historic deficit situation.
According to :House Research runs, only 119
cities have a library MOE commitment.
Questions? Contact Jennifer O'Kawke at
651.281.1261 or jotourke(awline.ot
Bill to direct federal funds to energy
programs fast -tracked
A bill that would lay the groundwork for
spending federal stimulus dollars on energy
efficiency projects for state and local
governments and school districts is rapidly
making its way through several House
committees. Since introduction one week ago,
H F 680/ SF 657 authored by Rep. Jeremy Kalin
(DFL- North Branch) and Sen. Yvonne Pretmer
Solon (DFI..-Duluth) has been. heard and passed
by four House committees and still has several
more stops to go before making its way to the
House floor. The Senate Glterey. Utilities.
Technology, and C'.ornmunications Committee
heard the bill on Tuesday and laid it over.
Page 5
The bill directs the state to use federal energy
program dollars included in the stimulus bill to
maximize job creation and energy conservation
and leverage existing funds such as utility
conservation programs. The bill also uses
federal fiords to assist local governments and
school districts to make energy conservation
enhancements in public buildings.
In addition to funding energy conservation
enhancement projects, the bill would also direct
some of the stimulus money toward
weatherizing the homes of low- and ntediuun-
income Minnesotans, The bill also contains
provision on how the state should train and
certify new energy auditors and other workers
to aid in the implementation of energy
conservation projects.
Questions? Contact line tV,4 uyc'n at
651.281.1260 or hitwiyicen(a4lit7c.ore or Craig
Johnson at 651-281-1259 or
c'iohnson(p)Imaori.
Use deed reform on the table
The Department of Revenue (DOR) has
included use deed reform in their annual
policy/technical/clarifying bill, H.F 585, Rep.
Ann Lenczewski (I)FL-Bloomington) and
SF -68 1, Sen. Tom Bakk (DFL -Cook). SF 681
was presented in the fill Senate Tax Committee
last week, and Sen. Bakk signaled that there
was room for reform of this complicated
system, which the Department has said is
difficult to administer and track. While
testimony was not taken on this provision
during the hearing, cities will be asked to
cornment on use deed reform at a later date.
The League developed a position on Use Deeds
for the Improving Local Economies Committee
For more inibmintion on city legislative isucs, contact anv nsmber of the League of Minnehots Cities Intergovernmental Relations team.
651.281.1200 or 800.925.1122 and www.lmc.org
Page 34
Feb 20 2009 17:49:33 Via Fax -> 763 509 5060 Administrator
CO C�
LEAGUE uF
MINNESOTA
CITIES
-FridayFax-
,4 weckly legislative update Gorr the League g1'Mlnnesola Cities
in LE 17, recognizing that use deeds provide
cities with an important tool that allows tax
forfeit property to be acquired for public uses at
no cost. The League's position would oppose
changes to use deeds that would narrowly
define "public use" to be situations where the
public can directly use the property.
For those looking for a primer on this
complicated issue, the DOR has prepared a six-
page handout outlining the issue and its
legislation. Jason Nord, of the department's
Property Tax Division testified that their
legislation was in draft form and that they were
open to working on changes to the current
system. We will work to have a more complete
summary in next week's Cites Bulletin.
Questions? Contact Jennifer O'Rourke at
651.281.1261 or.iorotuke(a'?lmc.org.
New park funding to be discussed
The Parks and Trails Legacy Subcommittee
will hold its first hearing on Friday, February
27 from 8:30 AM - 11:30 AM at the Como
Lake Pavilion (1360 I.exington Pkwy N., St.
Paul). Chairwoman Sen_ Patricia Tomes Ray
(DFL -Minneapolis) will convene the three hour
long meeting in order to hear presentations
from selected organizations responsible for
parks and trails and facilitate a conversation to
define priorities in regards to legacy funding.
The Clean Water, Land and Legacy
Amendment, approved by Minnesota voters
Nov. 4, 2008, amends the state Constitution to
increase the state sales tax by three-eighths of
one percent for the next 25 years. It also creates
a dedicated Park and Trail Fund that will
receive 14.25 percent of those proceeds
(approximately $39 million in fiscal year 2010 -
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February 20, 2009
Page 6
201 1) to be invested in parks and trails of
regional or statewide significance. This
meeting will provide an opportunity for city
officials to hear more about how these
resources are likely to be appropriated.
Questions? Conlact.Sen. Patricia Torres Ray at
651.296.4274 or Craig.lohnson at
651.251.1259 or c'ohnson hnc.or>.
Legislative budget town hall meeting
dates and locations
Cities were front and center at the first nine
legislative town hall meetings held Thursday
night and today across Minnesota to discuss
proposed state budget cuts. In total, there will
be hearings in 24 Minnesota cities across the
state, including nine hearings next week in the
metro area_
These forums provide unique and highly -
visible opportunities to make positive
impressions on lawmakers and to speak -up for
your city. Final decisions about cuts to state
aids have not been made, and this is your
opportunity to make a direct and significant
difference in the decision-making process.
Thank von to all the city officials—both
elected and appointed—who have taken time
already to prepare testimony and tell their
city story. It will make a difference.
It is important for city leaders to attend these
meetings, both to testify and to be seen. Even if
you do not testify, you can still shake hands
with legislators and briefly tell your city story
before and after the formal hearing. having a
strong city presence at these meetings is
critical to blunting the nronosed cuts that
will affect Minnesota city residents.
For more intormution on city legislative issues, contact any member of the I..wgue or A•linnesom cities lntergureanmenlul Relations tenm-
651,281,1200 or 800.925.1122 and www.lmc.org
Page 35
Feh 20 2009 17:50:27 Via Fax —> 763 509 5060 Administrator
7UELE
MINNESOTA
CITIES
-FridayFax-
A weekly legislative update from the League of Minuesola Cities
The hearings scheduled for later today and next
week are listed below.
Alexandria
Friday, February 20, 4 PM
Alexandria City Hall
704 Broadway
Bemidji
Friday, February 20, 3:30 PM
Bemidji State University
American Indian Resource Ctr Gathering Place
1620 Birchmont Dr_
Bloomington
Tuesday, February 24, 7 PM
Bloomington City Hall
1800 W Old Shakopee Rd.
Bu rnsville
Wednesday, February 25, 7:30 PM
Fairview Ridges Hospital
201 E Nicollet Blvd.
Coon Rapids
Thursday, February 26, 7 PM
Coon Rapids City Hall
It 155 Robinson Dr.
Forest Lake
Thursday, February 26, 6:30 PM
Forest lake City Hall
220 N. Lake St
Marshall
Friday, February 20, 2:30 PM
Southwest Minnesota State University
Lecture Hall
t501 State St.
Minneapolis
Tuesday, February 24, 6 PM
Mimteapolis Park Board
2117 W River Rd.
Plymouth
Thursday, February 26, 7 PM
Plymouth City Hall
3400 Plymouth Blvd.
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February 20, 2009
Page 7
St. Paul
Thursday, February 26, 6 PM
West Minnehalia Rec Center in Frogtown
685 Minnehaha Ave. W
White Bear Lake
Wednesday, February 25, 6:30 PM
White Bear Lake High School
South Campus
3551 McKnight Rd. N
Winona
Friday, February 20, 3:30 PM
Winona City Hall- Council Chambers
207 Lafayette
Woodbury
Monday, February 23, 6 PM
Central :Park Amphitheater
8595 Central Park Place
Questions? Cnntact Bricnt Ytrub al
651.2161.1256 or bsn ub(6`•lmc.or r.
For more infommtion on city legislative issues, contact any member orthe League of Guncsota Cities In tergoverantentaI Relations temn.
651.281.1200 or 80th 925.1122 and www.line.or6
Page 36