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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 1 2 3 4 5 6 7 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 15 16 17 18 19 20 21 6:00 PM HUMAN RIGHTS COMMISSION SPECIAL MEETING Parkers Lake Room 7:00 PM PLANNING COMMISSION MEETING Council Chambers 22 23 24 25 _ 26 27 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 2 3 4 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 5 6 75 5:30 PM 8 9 10 11 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" 12 13 14 15 16 17 18 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 19 20 21 22 23 24 25 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 26 27 28 5:30 PM 29 306:00-7:00 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 2 3 4 5 6 7 8 9 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 19 20 7:00 PM 21 22 23 PLANNING COMMISSION MEETING Council Chambers 24 25 26 6:00PM 27 7:00 28 7:00 PM 29 30 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 4M+ U C 'O r� Q C a 0 rn > CO, O) O CQ N c'm(D E N C U Page 12 O m N m O O O r mYW c v . 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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 i - = F' A z,= F' E I I I avtmt O 400 �Rwn9a U coom m 300 a' 200 100 0 - Z AZ� F E' 9i i A A MonOVor Page 15 i - = F' A z,= F' E 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 00 00 U 0 4-p N V 'L LL c O � U O � U 'Q % C •Q- i C = = O O 4-1 Q. u O v O •� v 7 7 w � }r L NO w 4- t0 00 l0 LM 00 tD O 00 rl M M Ln � 01 N O O N t0 n 00 t0 00 N � t!1 N 00 N 01 M Q7 N N N 00 t0 P m O t0 1� O 01 N Q � N V1 N 00 N m N N n m a -I 1011 P N O N rl N to 00 M 00 m O1 W N N M Ln M ci 01 O Lq N a-1 N N 1� M 01 LA 1� tD O N M V1 M 01 N u'1 0 O N M N N 00 O O 01 t0 to O t0 O 00 M 01 to n Ln N 1 � Q� p1 w w1p w � 0o to ui ui ri ui m to r%� M tC v rn to r to M r -I OJ L u 0-0 m w u L 0t0 3 O) O a cQ s� c to O m y a m_c 1�6 O -+ O m m m m M O Li r� m C1 N N 00 cf N 'cr ai t0 m Lq t0 00 01 M M 00 M N 00 t0 Ct 01 O Lq N 01 N O 1� M 01 01 1� tD O N M V1 M 01 N u'1 0 O N M N N 00 O O 01 t0 to O t0 O 00 M 01 to n Ln N 1 � Q� p1 w w1p w � 0o to ui ui ri ui m to r%� M to v rn to r to M LnC1' O 00 'i epi M Ln N 00 06 O1 C j m f0 m y0 'B 10 Q. Y c Y c +, w Qj t J O f0 f6 a0+ 4 O 7 E CL v cco m v c c c c c 3 0 � x.s J J 2 2w 2 m 20 z O O a t0 M Ln t0 q:t m M O Li r� m C1 m M M ami t0 O t0 N ei O1 00 Li O V' O N N Il� 01 N 00 001 01 e -I V' N rl t0 t0 tall to O 00 M M M O mtD' m m t!1 01 a�-1 m 00 t0 M m N O � O 1!1 tD N � 00 N N 0 � .-I 01 I� ll1 tC M 1� N 0 N m t0 00 Ci N d' I� M N N 00 M t0 N d O {p.+p E>> O O m a+ u C Y Oy m a C Y OL m E -a L U C m O O U m L U c O *' O D >> m m CL 01 L_ a c 'O W c M W O a X Lu T c v _� O 'a ar C a L o o 3 c w i �+ > O m O- c r ° c @ 3 H 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. Windows LiveTm Hotmailp:... more than just e-mail. Check it out. Windows Live TM Hotmailp:... more than just e-mail. Check it out. 2 m 920.974 920729 920.708 920.161 913863 910J29 919.681, 920299 :22782 , 9I9.904 920722 921289 920.919 •927.162 91'8217 920744 ' 9270/d 921.029 9200! 9!721!7 928424,_._. 4ILOId 919897• 83097 920727 92L80B 9 920.28 920.872 930.687 9108Sd' 921.7719222972 N, y P • 42IA61 921.91! -� _. - ' 421 SFS 9209!6 _ter A 9304!2 920.8124229fi9 97.169 02092 •, ;'.% �� 92005 920117. •� - 920S68 920.999 921.597 932793'_ - 919365, 220,683 920.672 921051 - �.; 915267 c2D.S.•e' • 92135.21 V 3.0 ... 921.229 • - 92}.07492/.165 • ��' � - :- 427277 031 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 - Paye 006 Of 007 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. Paye 007 Of 007 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