HomeMy WebLinkAboutCouncil Information Memorandum 06-02-1994JUNE 2, 1994
UPCOMING MEETINGS AND EVENTS ....
1. CITY COUNCIL MEETING SCHEDULE FOR JUNE:
JUNE 6 7:00 P.M. COUNCIL MEETING
Council Chambers
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JUNE 13 7:00 P.M. COUNCIL STUDY SESSION
Public Safety Conference Room
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JUNE 20 7:00 P.M. COUNCIL MEETING
Council Chambers
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2. WATER QUALITY COMMITTEE -- TUESDAY, JUNE 7, 7:00 P.M., COUNCIL
CONFERENCE ROOM. Agenda attached (M-2)
3. FINANCIAL ADVISORY COMMITTEE -- WEDNESDAY, JUNE 8, 4:00 P.M.,
COUNCIL CONFERENCE ROOM. Agenda attached. (M-3)
4. PLANNING COMMISSION -- WEDNESDAY, JUNE 8, 7:00 P.M., COUNCIL
CHAMBERS. Agenda attached. (M-4)
5. OPEN SPACE COMMITTEE -- THURSDAY, JUNE 9, 5:30 P.M., COUNCIL
CONFERENCE ROOM.
6. PRAC -- THURSDAY, JUNE 9, 7:00 P.M., COUNCIL CHAMBERS. Agenda attached.
(M-6)
7. STATE AUDITOR'S SUCOMMITTEE --- TUESDAY, JUNE 14, 7:00 P.M. in the
Public Safety Library Room.
8. MEETING CALENDARS - City Council and City Center calendars are attached. (M-8)
CITY COUNCIL INFORMATION MEMO
June 2, 1994
Page 2
1. MINUTES & AGENDAS:
a. Housing and Redevelopment Authority, April 21, 1994. (I -la)
b. Financial Advisory Committee, May 11, 1994. (I -lb)
c. Shingle Creek Watershed Management Commission, June 2 Agenda and April 14,
1994 Minutes. (I -1c)
2. NEWSLETTERS, PUBLICATIONS. ETC.:
a. Cities Bulletin, May 27, 1994. (I -2a)
3. NEWS RELEASE -- A city news release on the Plymouth Shape -Up Challenge is
attached. (I-3)
4. MEMOS & CORRESPONDENCE:
a. Fax memo from the League of Minnesota Cities on the June 7 on an elected officials
workshop prior to the annual LMC conference. (I -4a)
b. Letter from Patricia Wilder, Executive Director, Northwest Hennepin Human
Services Council on the agency's 1993 highlights. (I -4b)
c. Letter from the Plymouth -Wayzata Youth Baseball Association to Mayor and City
Council supporting the purchase of a 9th playfield for Plymouth. (I -4c)
d. Correspondence received from residents in opposition to the Zachary Lane expansion.
(I -4d)
e. Letter from Christopher Slack to Almon Bock in response to Mr. Bock's article in the
Plymouth Sun Sailor. (I -4e)
f. Letter from Jim Miller, League of Minnesota Cities, regarding LMC Board of
Directors nominations. (I -4f)
g. Letter of appreciation to Robert Fasching, Water and Sewer Supervisor, and James
Ritter, Utility Operator, from City Manager, for their efforts with NSP in
establishing a "special meter reading activity" for the City's wells and treatment
plant. A report from NSP shows that since 1993, the City has realized a savings of
approximately $91,000 in energy costs through this project. (I -4g)
h. Letter from John DeHaven, Plymouth resident, commending Police Officers David
Groth and David Thompson for rendering assistance to a bicyclist on May 30.
Dwight Johnson
City Manager
M. Q6
-first- «middle» «last»
«address»
SUBJECT: WATER QUALITY COMMITTEE MEETING NO. 28
Dear «first>>:
Please find enclosed the meeting minutes of Meeting No. 27 held on May 3, 1994 as well as
the Agenda for Meeting No. 28 scheduled for Tuesday, June 7, 1994 at 7:00 p.m. in the City
Council conference room.
I am enclosing the following items as suggested at the May meeting and per Council Member
Lymangood's request:
1. A May 23, 1994 memo from Barb Senness to City staff concerning the interim wetland
ordinance which went into effect on May 16.-
2. A copy of the City's most current Erosion Control Policy.
3. The monthly Erosion Control Status Report dated May 10, 1994.
4. Copies of the Water Quality articles printed in the Plymouth News in March, May, July,
and October. _
5. The article written by Sharon Meister entitled, "The Benefit of Wetland Buffers. "
Beginning at our June meeting, the Water Quality Committee will have City volunteer Loree
Williams as our new recording secretary. Please join me in welcoming her at our June
meeting.
We Listen • We Solve • We Care
3400 PLYMOUTH BOULEVARD • PLYMOUTH. MINNESOTA 55447 • TELEPHONE (612) 550-5000
M -a
SUBJECT: WATER QUALITY COMMITTEE MEETING NO. 28
Page Two
If you have any questions concerning the upcoming meeting, please call me at 550-5071.
Sincerely,
Daniel L. Faulkner
enclosures
cc: Fred Moore, Director of Public Works
Dwight Johnson, City Manager
Chuck Lymangood, City Council Member
Ginny Black
Loree Williams
M -;L
AGENDA
WATER QUALITY COMMITTEE
MEETING NO. 28
June 7, 1994
7:00 P.M.
7:00 Call to Order
7:05 Approval of Minutes
7:10., Announcements & Visitor Recognition
7:15 Old Business
* Wetland Ordinance Update
Barb Senness
* Review contents of newsletter articles
Milfoil Treatment report - July
Erosion Control - August
Wetland Buffer (by S. Meister) - September
* Follow up report on Plymouth's Recycling Program
8:00 New Business
* Report from WQ Committee's engineers on standard erosion prevention
procedures
* Review resolution No. 92-170 on Plymouth Erosion policies
* Adopting noise, air, and light pollution, recycling, and Open Space into
our charge
8:30 Discussion
9:00 Adjourn
M.Q.
NmvvTEs
WATER QUALITY COMMITTEE
MEETING NO. 27
Tuesday, May 3, 1994
7:00 P.M.
PRESENT: Members - Mary McKee, Sharon Meister, Rita O'Donnell, David Shea,
Craig Twinem, LuAnn Yattaw, Staff Ex -officio - Dan Faulkner, Planning Supervisor
Barb Senness, Mayor Joy Tierney, and Council Member Chuck Lymangood.
ABSENT: Jeff Shopek.
GUESTS PRESENT: John Barten - Hennepin County Parks Department; and Tom
Jes.
The meeting was called to order by Chairperson Mary McKee and the minutes were
approved as submitted for the April 5, 1994 meeting.
OLD BUSINESS
Barb Senness updated the Committee on the status of the wetland ordinance
development. Reference was made to the April 7, 1994 memo from Barb to the
Plymouth Planning Commission discussing the wetland ordinance. She also handed out
a draft version of an interim ordinance which would amend the zoning ordinance
requirements for yard areas abutting wetlands. As she explained, this would measure
building setbacks from the edge of an abutting wetland rather than the property line. It
is the intent of this ordinance to be an interim measure until a wetland ordinance could
be adopted by the City Council some time in mid-September.
A comment was made by Plymouth resident, Tom Jes, that the State Wetland Act
provides for a 16.5 foot buffer and Chairperson McKee requested that Barb Senness
check the wetland act to determine if there is a 16.5 foot buffer provision. Barb briefly
discussed the ordinances of Maple Grove and Chanhassen and explained that
Chanhassen has had some type of wetland regulations for approximately 10 years, thus
making them somewhat different than Plymouth's current situation. She further
commented that the City staff will need outside assistance to meet the proposed
deadline.
In response to a question on building activity, she indicated that this year's activities
have been the same or more than in previous years. Barb indicated that the Council has
approved an intern position to assist the Community Development and this will provide
some assistance in the wetland ordinance development. She concluded with a
commitment to keep the Water Quality Committee apprised of her progress at future
Water Quality meetings.
` - Q.
MINUTES - WATER QUALITY COMMITTEE MEETING NO. 26
Page 2
The second item of old business was a discussion of Water Quality Committee news
articles printed in the monthly Plymouth News during 1993. The articles for the month
of May through January for 1994 were discussed with some approved changes made,
i.e., the April issue included in an article requesting volunteers to check boats for
Eurasian water milfoil at the boat launch into Parkers Lake; the May issue was to have
an article on lawn chemicals and fertilizers (Note: this was no included due to lack of
space) along with additional information of the Parkers Lake boat launch; the June
issue will have the former vehicle maintenance article; July will be an update on
Eurasian water milfoil in Parkers Lake; August is to have an article on erosion control
emphasizing the City's ordinance with a request for this to be written by
Communications Coordinator Helen LaFave; the September issue is to include an
article on the function of wetland buffers as previously written by Sharon Meister; the
October issue would be the same as October 1993 entitled "Keep Water Quality in
Mind" and this would be reviewed and updated; the November article would be the
previous 1993 article on pet waste; the December article was left indeterminate at this
time.
In addition, it was discussed that the fold -out entitled, "Storm Sewers - The Rivers
Beneath Our Feet (Stormie)" which was printed and mailed out to Plymouth residents
in 1993 should continue to be distributed to new residents and included in their new
resident packet which they pick up at City Hall. It should also continue to be displayed
in the Water Quality kiosk in the lobby of the City Center. It was further suggested by
the Chairperson that the article written previously by Sharon Meister on wetland
buffers should be reviewed at the June meeting by the Committee.
Additional discussion ensued on fertilizer issues and John Barten clarified that
fertilizers with slow release nitrogen generally work the best, although watering is also
important. Rita O'Donnell questioned if four fertilizer applications are necessary
during one year's time and John indicated that this may be more than needed. Rita
volunteered to re -write the Plymouth News article on fertilizers for the Plymouth )Mews
article in 1995. John Barten also indicated that Helen LaFave will be putting together a
cable TV presentation on fertilizer usage and Chairperson McKee will be requested to
participate.
The next item of old business was a review of the Plymouth water restriction
requirements per Chuck Lymangood's request. Council Member Lymangood began
the discussion with a question of the purpose/objective/goal of the water restriction
policy. He indicated that there is no clearly written purpose for the water restriction
policy and commented that September is the month people should emphasize for
establishing healthy lawns. He also mentioned that developers should be required to
place an adequate depth of black dirt prior to sodding new lawns and thereby reducing
the water needs for new lawns. With September being the primary month to focus on
lawn health, he feels that the water restrictions should be terminated on September 1
rather than September 30. Mayor Tierney did indicate that it was her understanding
that the water restrictions were brought into effect during the drought years to assure an
adequate water supply with adequate water pressures. Chairperson McKee indicated
M.a.
MINUTES - WATER QUALITY COMMITTEE MEETING NO. 26
Page 3
that the Committee will address this issue further at a future meeting and requested that
the water restriction policy/ordinance be provided to the Committee at the June
meeting.
The next item of old business was, the open space and recycling programs. Council
Member Lymangood explained that the City's Open Space Sub -Committee was initiated
in response to issues raised with developments such as the one proposed adjacent to
French Regional Park. With this development proposal, it was suggested that as an
alternative to developing this parcel of land, the City and/or County could purchase the
property and incorporate it into the regional park. He indicated that the Open Space
Sub -committee has met four times and is reviewing approximately 28 sites containing
approximately 1,000 acres. The land acquisition costs vary for these sites from
$10,000 to $40,000 per acre. The sub -committee has been authorized to eventually
spend $250,000 for acquisition. The Open Space Sub -committee will be hiring a
consultant to study and rank the 28 sites based on uniqueness, etc.
Discussion ensued on whether the Water Quality Committee should add open space to
its Committee charge. It was suggested that a report from the Open Space Sub-
committee be given to the Water Quality Committee at its August meeting to determine
the status and course of action of the Open Space Committee. Council Member
Lymangood asked if the City has identified high priority wetlands in Plymouth and
commented that we should be doing this. Additional comment was made concerning
the State Wetland Act and the 16.5 foot buffer reportedly required around designated
high priority wetlands. After some additional discussion and a reference to Page 30,
Section 8420.3050 sub -part 2 of the final State Wetland Act, a motion was passed that
the staff review the law and incorporate the high priority wetlands into the ordinance,
but not limit the buffer to the 16.5 feet.
Plymouth' Recycling Program was discussed next and Solid Waste Coordinator Margie
Vigoren's memo, which was distributed at the April meeting was referred to. After
some discussion, Chairperson McKee suggested that Margie Vigoren come to the June
meeting to discuss the Recycling Program.
NEW BUSINESS
Chairperson McKee handed out sections of the City codes from Chanhassen and Maple
Grove, which addressed pollution from air, noise, and light. There was some
discussion on the Water Quality Committee's involvement with these issues as
suggested by City Manager Johnson's memo concerning a review of the Committee's
charge. It was suggested that our Committee not attempt to write new ordinances, but
simply review the issues on a case by case basis. It was mentioned that the City
currently does not have specific ordinances for air, light, and noise pollution. While
the Water Quality Committee could become an Environmental Quality Committee
which would be challenging and interesting, it was suggested that our existing
Committee could act in an advisory capacity as situations came up needing some input.
M- ::L
MINUTES - WATER QUALITY COMMITTEE MEETING NO. 26
Page 4
This suggestion of the Committee acting as an umbrella committee to review air, light,
and noise pollution issues was supported by the Committee.
An additional new business item was presented by resident Tom Jes concerning the
City's erosion control activities. He circulated pictures of erosion control problems
from the recent heavy rains in Plymouth. He had pictures from the Quail Hollow
development site, which lies on either side of Schmidt Lake Road east of Zachary
Lane, and pictures from the proposed Ponds at Bass Creek site south of County Road
10 and east of Zachary Lane. Council Member Lymangood indicated that the City
needs to do a better job of enforcing the erosion control requirements. He also
requested that a copy of the City's policy be provided to Water Quality Committee
members. He also asked if the City keeps a record of rainfall events in Plymouth. It
was indicated the City does not monitor rainfall gauges as a City function, but the
watersheds do keep a log of rainfall events.
The agenda for the June meeting was briefly discussed which should include a recycling
presentation and/or response from Solid Waste Coordinator Vigoren. In addition, a
review of the City's Erosion Control Policy should be included. It was suggested that a
discussion in a summary manner be given on how an erosion control plan is supposed
to work.
The meeting adjourned at approximately 9:15 p.m.
Submitted by:
Daniel L. Faulkner _ .
M- Q.
I UT 101 kyj •
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447
DATE: May 23, 1994
TO: Affected Staff
FROM: Barb Senness
SUBJECT: Interim Wetland Ordinance
On May 16, 1994, the City Council passed an Interim Wetland Ordinance. The ordinance,
attached, is very simple and straightforward. In essence, it amends several definitions and the
general yard regulations in Section 10 of the zoning ordinance to indicate that all setbacks shall
be measured from the edge of the wetland, if present, rather than the property line. However,
in no case will the ordinance require a setback from the wetland exceeding 35 feet.
This ordinance went into effect on May 16, but it does not apply to the following:
• lots of record as of May 16, 1994
• developments for which CUPs, site plans, preliminary plans, final plats or preliminary or
final PUD plans have been approved by the city within two years prior to May 16, 1994
• developments for which complete applications for any of the above actions have been
accepted by the city for review, but not yet acted upon, prior to May 16, 1994.
If you have any questions about the ordinance, particularly if you run into situations where you
have questions about who may be affected, please contact me at 5052.
DRAFT
CITY OF PLYMOUTH
ORDINANCE NO. 94-
AN
4
AN ORDINANCE AMENDING THE ZONING ORDINANCE REQUMEMENTS FOR
YARD AREAS ABUTTING WETLANDS
THE CITY COUNCIL OF THE CITY OF PLYMOUTH DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Section 4, Subdivision B is hereby amended by amending the following definitions
as indicated:
Building Line Setback The distance between the building line and the property line
or, in the case of a shoreland yard, the ordinary high water level, or , in the
case of a lot containing all or a portion of a wetland the nearest edge of the
wetland as provided by Section 10 Subdivision C 2.a.(6).
Yard An open space on the same lot with a building, unoccupied and unobstructed by
any portion of a structure from the ground upward, except as otherwise
provided herein. In measuring a yard for the purpose of determining the width
of a side yard, the mean horizontal distance between the lot line and the main
building shall be used except in the case of a lot containing all or a portion of a
wetland, in which case the distance between the nearest edge of the wetland and
the main building shall be used as provided by Section 10 Subdivision C
a
22. .(6)
Yard, Front A yard extending across any street frontage of a lot between the side lot
lines and being the minimum horizontal distance between any street line and
main building or any projections thereof other than the projections of the usual
steps, entranceway, unenclosed balconies or open porch. In the case of a lot
containing all or a portion of a wetland the front yard shall be the minimum
horizontal distance between the nearest edge of the wetland and the main
building and the permitted projections as provided by Section 10 Subdivision
C Z. A. (6)
Yard, Rear A yard extending across the rear of a lot, measured between the side lot
lines, and being the minimum horizontal distance between the rear lot line and
the rear of the main building or any projections other than steps, unenclosed
balconies or unenclosed porches. On corner lots the rear yard shall be
considered as parallel to the street upon. which the lot has its least dimension.
two (2) years prior to (date of ordinance adoptionh or to developments
for which complete applications for any of the above actions have been
accepted by the city for review, but not yet acted upon prior to date of
ordinance adoption.)
Section 3. Effective Date. This Ordinance shall take effect upon its passage and publication.
Adopted by the City Council this day of , 1994.
ATTEST
City Clerk
cc: File
Struek indicates deleted text
Underline indicates new text
staffrep/ord/interim.doc 04/21/94 01:17 PM
3
Mayor
M - Q. .
NOTICE
IMPORTANT INFORMATION
CONCERNING
EROSION CONTROL
M - a„
EROSION AND SILTATION CONTROL POLICY
Resolution No. 92-170
Mar. 16, 1992 (Supersedes Res. No. 77-163, March 28, 1977;,
Res. No. 81-276, April 27, 1981; Res. No.
84-760, Oct. 23, 1984; 89-173. March 20,
1989; Res. No. 90-328, May 21, 1990; Res. No.
90-328, May 21, 1990)
The City Council finds that erosion continues to be a serious
problem and that rapid changes in land use from agricultural
and rural to non-agricultural and urbanizing uses,
construction of housing, industrial -commercial development,
streets, highways, recreation areas, schools, public
utilities and facilities, and other land -disturbing
activities have accelerated the process of soil erosion and
sediment deposition. The control and management of surface
runoff and erosion and sedimentation benefits both the
developer and the public.
2. Erosion and Sediment Control Plan
For the purpose of alleviating harmful or damaging effects of
on-site erosion and siltation on neighboring downhill or
downstream lands and waters in the City of Plymouth and
adjacent communities during and after development adequate
controls of erosion and sedimentation of both a temporary and
permanent nature shall be provided by the developer during
all phases of land -disturbing activities. Plans and
specifications for such controls shall be submitted to and
approved by the City Engineer*. Said plans and
specifications will be a part of the development contract or
grading permit and compliance will be assured by the
financial guarantee. No development shall be permitted until
said plan is approved by the City Engineer*.
The following control measures are required for an erosion
and sediment control plan:
a. The plan shall be suited to the topography and soils so
as to create the least erosion potential.
b. The land shall be developed in increments of workable
size on which adequate controls of erosion and siltation
can be provided and maintained during the construction
period. Grading operations and other land disturbing
operations shall be staged so that the area being
developed is not exposed for long periods of time without
stabilization.
M•;k.
C. Temporary vegetation and/or mulching shall be used to
protect the areas exposed during the development. No
area shall be left denuded for a period longer than five
(5) days after initial site grading and other land
disturbing operations on slopes of 3:1 and greater.
These areas shall be mulched and stabilized with an
erosion control netting acceptable to the City Engineer*.
d. Permanent vegetation and structures shall be installed
within 30 days after completion of initial grading. If
grading is not completed until after the planting season
has expired, temporary erosion control measures,
including dormant seeding and mulching, shall be
implemented.
e. Sediment basins (debris basins, desilting basins, or silt
traps) shall be installed and maintained to remove
sediment from runoff waters from the land undergoing
development. Storm sewer inlets shall be provided with
debris guards and microsilt basins to trap sediment and
avoid possible damage from blockage. The silt shall be
removed when necessary. If sediment/ siltation measures
taken are not adequate and result in downstream sediment,
the developer shall be responsible for cleaning out or
dredging downstream storm sewers and ponds as necessary.
f. Immediately after curb and gutter has been placed and
cured, City approved erosion control measures shall be
installed directly behind the curb in strategic locations
as necessary. This requirement does not remove the
developer's responsibility for sodding the boulevard as
required in the development contract.
g. If the control measures required by items 3.a, 3.b, 3.c,
3.d, 3.e, and 3.f are not installed or maintained by the
developer, no additional building permits will be issued
within the development until the necessary control
measures are in place.
h. Erosion . control practices shall follow the design
criteria as shown in the Hennepin County Conservation
District Erosion and Sediment Control Manual or its
successor publication.
4. Financial Guarantee
a. Before any grading is started on any site, all control
measures as
shown on
the
approved plan shall be
installed. A
$1,500 per
acre
financial guarantee shall
be provided to the City
to
insure compliance during
construction.
$1,000 of
this
amount shall be by cash
deposit to be
held by the
City
in a non-interest bearing
M` OQ-+ -
account. The remaining amount shall be either cash or an
exclusive letter of credit providing for withdrawal of
the funds by the City within one work day. This
financial guarantee will not be returned in full until
all the disturbed area has permanent vegetation
reestablished. In the case of subdivision development
the $1,000 cash deposit will be retained until after all
building construction is completed on all lots. The City
will use the financial guarantee to cover any cost or
penalty outlined in 6a and 6b if, after a request by the
City, said cost or penalty is not paid within 30 days.
b. When the $1,000 cash deposit reaches a level of $200 or
less, the developer shall be required to remit the
appropriate amount to bring the balance up to the
required $1,000. This shall be a requirement of any
grading or development contract and/or Site Improvement
Performance Agreement. If this is not completed within
five (5) working days after notification, the City will
draw on the financial guarantee. No further inspections
will be conducted and no new building permits will be
issued within the development until the cash deposit for
erosion control is replenished to the level of $1,000.
5. Street Cleaning
Included within the development contract or grading permit
shall be the requirement of a contract for street cleaning
within and immediately adjacent to the development. The City
shall be provided a copy of the required street cleaning
contract prior to the commencement of any grading activity.
6. Enforcement Measures
a. STREET CLEANING:
Developers will be given telephone notice the first. time
an unsatisfactory condition exists which has been
determined to be the developer's responsibility. The
developer shall have 48 hours after the first contact
from the City to correct the conditions. Also, a
confirmation letter will be forwarded to the developer
indicating that an unsatisfactory condition exists. If
there are any future problems the same construction
season, the City will immediately contact the street
cleaning contractor and order the work done. If the
street cleaning contractor does not receive a timely
payment from the developer, the City will proceed to draw
on the financial guarantee to make this payment.
`s—;�.
During the same construction season, the first and second
instances in which the City is required to call the
street cleaning contractor, $100 will be deducted from
the financial guarantee and paid to the City for
nonperformance of the developer's obligations. The third
time the City is required to call the street cleaning
contractor, $200 will be deducted from the financial
guarantee and paid to the City. Any additional street
cleaning ordered by the City will result in $300 being
deducted from the financial guarantee and paid to the
City.
With the exception of 6a., developers shall have five (5)
days after City notification to correct any
erosion/sediment problems or make suitable arrangements
with the City Engineer* to correct the problem in a
timely fashion. Failure of the developer to install and
maintain adequate erosion/sediment control measures to
eliminate on-site or off-site erosion/ sediment problems
will result in the City drawing on the developer's
financial guarantee to correct the problem plus and
additional 50% penalty charge of the cost incurred to be
paid to the City. It is the responsibility of the
developer to inform builders of the City's erosion
control requirements.
Builders will be given a notice at the time of building
permit issuance that erosion control on the lot(s) being
built upon, and street cleanup of any and all materials
originating from any lot(s) being built upon shall comply
with this Erosion and Siltation Control Policy. It is
the responsibility of the builder to inform all building
subcontractors of the City's erosion control
requirements.
No inspections will be made and a stop work order may be
authorized by the building official if any street is not
clean from materials originating from any lot(s) being
built on. and satisfactory erosion control measures are
not in place.
* City Engineer or his designee is implied in all instances
where the words "City Engineer" appear.
tr-a
DATE: May 10, 1994
TO: Daniel Faulkner, City Engineer
FROM:W,' Darrell Johnson, Sr. Engineering Technician - Drainage
SUBJECT: EROSION CONTROL STATUS REPORT
Attached is the street cleaning status report revised May 10, 1994. A total of eight
warning letters have been sent to developers and one developer was find $100 for non-
compliance with the policy. Additionally, the Bassett Creek Watershed conducted
erosion control inspections on April 19 and 20, 1994. Of the 40 sites inspected, they
found 20 to be in compliance with erosion control practices and 20 to be in violation.
The majority of their findings indicated sand in the street and gutter. Silt fence
maintenance is needed in a variety of locations as well.
During the last week of April, heavy rainfall generated approximately 100 drainage and
erosion control related problems. It will take some time to resolve these problems. I
am temporarily behind providing adequate erosion control inspections at this time.
This situation should improve once the part time Erosion Control Inspector begins
employment in the near future.
attachment:
cc: Fred G. Moore
1994 STREET CLEANING PENALTIES Revised:5/10/94
3
u
WARNING;
SUBDIVISION
CONTACT PERSON
LETTER
$100
$100
$200
$300
$300
Autumn Hills
Dave Henners
473-1231 x 69
BassLake Terrace 2nd & 3rd Add.
Vern Reynolds
May, 3
425-6442
Bay Pointe on Mooney Lake
Dave Henners
473-1231 x 69
Bitoerin
Chris Censki
April, 14
476-1925
Boulder Crest
Dane Swenson or Fritz
473-8511
Boulder Ridge 2nd & 3rd
Betsy Krutzig
559-3271
Bridlewood Farm
Jeff Franc 478-9848
March, 30
Bill Pritchard 544-7333
Churchill Farms
Dave Henners
473-1231 x 69
Courtyards of French Creek
David Newman
757-2926
Curtis Lake
John Lino
882-1112
Eaglewood
Ron Isaak
454-4663
Fawn Creek Addition
Dr. Dennis Arne
W: 473-4241
Forster Preserve
Tom Graham or Jake Enebak
April, 1
546-8216
Golfview Estates
Bernie Barr
March, 30
559-0085
Greenwood Ponds
Earl Fischer
1473-0706
3
u
1994 STREET CLEANING PENALTIES Revised:5/10/94
3
r
WARNING
SUBDIVISION
CONTACT PERSON
LETTER
$100
$100
X200
$300
$300
Harbor Woods
Dave Henners
_.
473-1231 x 69
Heather Run
Dave Henners
473-1231 x 69
Heritage Woods Estates 2nd Add.
Robert Enebak
333-1307
Holly Creek 1st & 2nd
Craig Scherber
428-8400
Ironhorse Estates
Fred Smith 541-1451
Cindy Elcher 420-2746
Kimberly Woods
Tim Rachel
553-1824
Kingsview Heights 3rd
Paul or Keith Harstad
636-3751
Lancaster Park Apartments
Ken Isaacson 926-9467
H 926-9408
North Fork
Jack Swedlund
557-0662
Parker's Lake North 8th,9th,&10th
Dave Hansing or Sandy
trailer # 473-1406
Parker's Woods
Woody Perl
938-6727
Pine Creek
Vicky Siskin
720-6465
Pintail Villas
Plymouth Green Villas
John DeVries
April, 20
550-1346
Plymouth Oaks
Terry Dahlstrom 557-4571
May, 6
Dahlstrom,Eiden,&Peterson
3
r
1994 STREET CLEANING PENALTIES Revised: 5/10/94
7
ii
WARNING
SUBDIVISION
CONTACT PERSON
LETTER
$100
$100
$200
$300
r: $300
Plymouth Pointe
John Peterson 755-9793
April, 1
April, 6
Good Value Homes
Ponderosa Woods 3rd
A.J. Poppelaars
925-2761
Quail Hollow
Homer Thompkins or
Pam Backer 627-0823
Rebecca Woods
Craig Anderson
473-3976
Rockford Estates
Pat Goff
482-0767
Seven Ponds 5th,6th,&7th Add.
Ted Hagen
572-9455
Sugar Hills 1 st & 2nd Add.
Martin Harstad
636-9991 C: 723-7770
Sunset Valley Homes 2nd
Russ Bendickson 545-3132
Tony Eiden 559-0251
Swan Lake South
Tom Graham or Jake Enebak
April, 1
546-8216
Trenton Ponds
Jim Zachman
470-4544
Westbranch
Bill Pritchard
(plymouth creek heights)
544-7333
Wild Wings Dev.
John DeVries
550-8411
7
ii
:31 q3
Mayor's message: '92 proves to be banner year for construction
By Mayor Kim M. Bergman
Judging from the 1992 year-end commu-
nity development statistics, Plymouth's
popularity continues to soar. Each of us can
see on a daily basis that Plymouth is grow-
ing, but the numbers out of the City's Com-
munity Development Department illustrate
just how much.
Some significant observations garnered
from the 1992 statistics include:
0 One of the most common barometers of
construction activity, new single family
home permits, was up 64% for 1992.
The 1992 permit total for single family
detached housing units was 573 com-
pared to 350 in 1991.
N The averagevalue of the 573 new single
family homes for which permits were
issued in 1992 was $143,701. When the
average lot price in Plymouth is added
to this amount, one can assume that the
T average home total sale price is very
close to $200,000.
N The Building Division issued a total of
28% more permits in 1992 than it did in
1991.
■ The total value of all construction for
which permits were issued in 1992 was
38% more than in 1991.
® The year-end total of all applications
handled -by the Planning Division was
15% over that handled in 1991 and 18%
over that handled in 1990.
■ While the bulk of the increase in volume
is attributable to single family detached
housing, it should be noted that we also
issued permits for 214 units of attached
houses. This includes twin -homes,
quad -homes and other multi -family
housing.
N We expect that the new dwelling units
that were initiated or created in Ply-
mouth during the 1992 construction
season will equate to about 2,100 new
people moving to our community. L�
Working with Developers
Obviously, developers choose Plymouth
for many reasons. We offer a strategic geo-
graphic location, a beautiful natural envi-
ronment, efficient municipal services and
quality in-place development. In addition,
during the past year or two, we have also
been striving to provide improved service
to developers.
Toward that end, we have held. two meet-
ings with developers to get their honest
assessment of how our planning applica-
tion and building permidinspection process
could be improved. As a result of those
meetings, we were able to make some
changes in the process used to review rou-
tine proposals. Under the changes, several
routine items may now be approved admin-
istratively rather than requiring an applicant
to wait for the item to be scheduled for
review at a City Council meeting.
We have also continued to hold regular
meetings of the Developers Council. This
iQ
group is comprised of about 30 developers
who offer their perspective in drafting and
revising city planning policies and require-
ments.
Finally, we have continued to expedite the
plan ning..application review process
through our Development Review Commit-
tee, a group made up of representatives
from several city departments. The group
jointly.reviews applications in order to
more quickly and efficiently address con-
cerns that cross departmental lines such as
Community Development, Fire, Parks and
Recreation and Engineering.
Looking at the year-end statistics, there is
no doubt Plymouth will continue a healthy
pace of development. Still, what we hope
to accomplish through our work with devel-
opers is to ensure that Plymouth continues
to attract quality development — develop-
ment that benefits all of us.
F
you dispose of pet waste affects water quality
sn a series of articles by the Are You Risking Your Health?
Water Quality Committee Many diseases may be transmitted from pet
When you clean up after your pet, do waste to humans. Pets, children who play
you dump the waste in the street or outside and adults who garden are most at
storm sewer? Do you leave it to decay on risk for infection from some of the bacteria
the sidewalk or on the grass near the street? and parasites found in pet waste. Flies may
If so, you may be causing pollution or also spread diseases from animal waste.
health problems.
Most storm sewers drain directly into our
lakes and streams, carrying many pollutants
along with the water. When pet waste is
washed into lakes or streams, the waste
decays, using up oxygen. Lack of oxygen
can kill the fish. Decaying pet waste also
encourages weed and algae growth. Per-
haps most importantly, pet waste carries
diseases which make water unsafe for
swimming or drinking.
3
Pet waste may not be the largest or most
toxic pollutant in urban waterways, but it is
one of many little sources that add up to a
big problem for water quality and one that
you can do something about. Pick up after
your pet and properly dispose of the waste
— flush it down the toilet, bury it in the yard
or put it in the trash.
Next month watch fora special water qual-
ity insert in the Plymouth News.
City Scene
Street reconstruction,
plans approved for
The City Council recently approved plans~'
and specifications and directedstaff to ad-'``:
vertise for bids, forethe 1993 *street rconr
struction program. The following areas are`
slated for reconstruction 1) Vicksburg from
Hwy. 55 to Schmidt Lake Rd.; -.2) 36th Ave
from Hwy. 169 to Zachary Ln;and 3) the':_
industrial park area between_,Co. Rd 6, '
Xenium Ln. and Hwy. 55.
Committee seeks.
soil testing volunteers
The Plymouth Water Quality Committee is
seeking volunteers to participate in a soil
sampling program. Participants will learn
what nutrients their lawns require so that
they will have a sound basis when purchas-
ing fertilizer.
Through the program, the committee will
develop a general community profile of soil
composition in Plymouth. Many people fer-
tilize too heavily and this affects water qual-
ity. By learning which nutrients Plymouth
soils reallyrequire, the Water Quality Com-
mittee can share information with residents
that is specific to Plymouth in its public
education efforts.
Participants will sample their soil and then
either drop off or mail the sample to the
City. The City will, in turn, send all samples
to the University of Minnesota's Extension
Division for analysis. Each participant will
receive a detailed report on his/her soil
composition. The cost to each participant is
$7.
The committee will be asking homeowner
association presidents to help find volun-
teers to participate in the test. Presidents
will be mailed information in mid-May. If
you are interested,.call 550-5070.
sM_-_) M -a.,
Council update: Proposal tabled, EAW orderprl
■ Tabled the request of Baton Corp. for an
amended Residential Planned Unit De-
velopment preliminary plan/plat and
conditional use permit for 10 single-
family lots and 18 twin homes located
southeast of Larch Ln. and Old Rockford
Rd. Council ordered an environmental
assessment worksheet (EAW) on the pro-
ject in response to a citizen petition to
the Minnesota Environmental Quality
Board. The worksheet is designed to as-
sess how the development would affect
the woods, wildlife and wetlands at the
site.
■ Approved a Residential Planned Unit
Development final plat for the initial 36
Protect water quality: Fe
rt
says: "Re-
member, what
comes my way af-
fects water quality."
® Test soil for nutri-
ent needs.
■ Use fertilizer
sparingly.
lots of 127 single family detached build
ing lots at Heather Run. The proposed
82 acre development is at the northeast
corner of Co. Rd. 101 and Co. Rd. 24.
Lundgren Brothers Construction is the
developer.
■ Authorized flashing beacon lights .to
warn motorists of a school crosswalk
and reduced speed limit at Vicksburg
Ln. and 41 st Ave. adjacent to Plymouth
Creek Elementary School. The existing
45 mile per hour (mph) speed limit will
be reduced to 25 mph when the beacons
are flashing.
rt
Now that lawns are turning green, it is a
good time to consider what lawn fer-
tilizers/chemicals are most beneficial to
your lawn — and the environment. Thei
Plymouth Water Quality Committee has
researched lawn care practices, including
the proper use of lawn chemicals and fertil-
izers. It offers the following tips.
First, determine your lawn's nutritional
needs. The Minnesota Extension Service -
Hennepin County provides soil testing kits
and soil analysis for a small fee. For a kit,
call 374-8400. In addition, the Water Qual-
ity Committee will work with homeowners
associations this summer to obtain repre-
sentative lawn samples for the Extension
Service to test (see related story).
If you are unable to have your lawn tested
and your lawn is well established, it is likely
that a fertilizer containing low or no phos-
phorus would be appropriate. It is impor-
tant to minimize the use of phosphorus
2
ilize your lawn wisely
because this is the main nutrient source for
weed and algae growth in lakes.
Fertilizers containing no phosphorus are
available from stores and lawn care compa-
nies. When you buy fertilizer, there are
three numbers separated by a dash on the' N
side of the bag. They indicate the percent
age of nitrogen, phosphate and potash in
their respective order. For example, 24-0-3
would indicate a phosphorus free fertilizer.
The amount of nitrogen required by a lawn
depends on the grass type and your lawn
care practices. The proper amount of nitro-
gen also can be determined through a soil
test. On the typical Plymouth lawn, either
quick release or slow release nitrogen could
be used with the proper amount of water-
ing. Sprinkling with about 1/4 -1/2" of water
immediately after the application of quick -
release nitrogen helps move the nitrogen to
the surface soil where it can be used by the
grass. A high maintenance lawn will require
four fertilizer applications annually. This
can be reduced to three if grass clippings
are not removed. Spring and fall fertilizer
applications are the most important.
If you use fertilizer, be sure to sweep it off
hard surfaces like driveways, sidewalks and
street gutters. This will keep it out of th,li;
storm sewer system and, ultimately, ou
lakes.
J
Mayor's Message: Planning for 1994 budget gets. underway
By Mayor Kim M. Bergman
While it's only July, planning for the
1994 city budget is already under-
way. The budget will not be adopted until
late in 1993, but the planning process be-
gins much earlier and citizen input is wel-
come and encouraged.
If you have concerns that should be ad-
dressed in the 1994 city budget, act soon so
that your ideas may be considered as early
as possible. To voice your opinion, attend
a Council meeting, write the .City Council
or leave your comments on our 24-hour
customer service line, 550-5062. City staff
will see that your concern is conveyed to
the Council.
While specific dates for budget meetings
have not yet been established, we do have
a general idea of the timeline for develop-
ment of the 1994 budget. City departments
prepared draft budget proposals in late
May. The City Manager will meet with de-
partments throughout the summer to dis-
cuss their proposed budgets.
Based on those proposals, Council con -
ager will develop an overall budget some-
time in August. The Council will hold sev-
eral meetings to study and fine tune the City
Manager's proposed budget in late summer
and early fall. All City Council budget study
sessions are open to the public.
With the.first round of budget review com-
plete,.the City will notify Hennepin County
of its proposed tax levy by Sept. 15. Prop-
erty owners will see how the proposed city
budget will. affect them when Hennepin
County mails out estimated property tax
statements to all property owners in Ply-
mouth in mid-November. The statement
will include the public hearing dates for
each taxing jurisdiction.
The estimated tax statement typically repre-
sents a "worst case scenario." It will estimate
your property taxes based on the proposed
budgets of your school district, county, city
and other taxing jurisdictions. These pro-
posals are generally cut back substantially
before final adoption. The City receives 14
cents of each property tax dollar you pay.
The remainder is divided among: your
school district, 52 cents; Hennepin County,
29 cents; and miscellaneous taxing jurisdic-
tions, 5 cents.
City Council review of the proposed budget
will continue with at least one additional
budget study session in November. Finally,
the City Council will hold public hearings
in late November or early December.
Sometime in December, the City Council
will adopt the final 1994 city budgets and
final tax levies.
Citizen input is vital during this process. We
need to know what existing city services are
a priority for you. Hearing from you will
help our city budget better reflect the needs
of our community.
Human Rights Commission Update
The City Council is considering establishing
a Human Rights Commission. It is currently
looking at what the commission's role
might be, the number of representatives it
might have and several administrative is-
sues. If you would like more information on
the status of this issue, call City Clerk Laurie
Rauenhorst at 550-5014.
terns and citizen suggestions, the City Man -
Careful checking of boats, trailers can help in fight against Eurasian water milfoil
Stormie says: "By for vegetation on your boat, trailer, car and
carefully checking equipment such as anchors, centerboards,
your boat, trailer, car, trailer hitches, wheels, roller, cables and
D
and fishing equip- axles.
water recreation. In about 1950 Eurasian
milfoil was accidentally introduced into the
interior lakes of North America from Europe
by way of boats and waterbirds.
ment, you can help
fight Eurasian water
milfoil."
t the spread of Eurasian
water milfoil, boaters and people who fish
need to be careful when leaving infested
lakes. By doing a careful check of your gear
and vehicles, you can ensure that you are
not helping Eurasian water milfoil spread to
other lakes.
Three lakes in Plymouth are known to be
infested with milfoil. They are Parkers Lake,
Medicine Lake and Gleason Lake. When
you leave these lakes --- or any lake -- check
Carefully drain your live wells, bilge water
and transom wells before leaving the water
access area. Empty your bait bucket on
land, never into the water. Never dip your
bait or minnow bucket into one lake if it has
water in it from another lake. Finally, never
dump live fish from one body of water into
another.
Eurasian water milfoil has a reddish brown
stem and feathery leaves. It forms thick
underwater stands and vast mats of vegeta-
tion with tiny, yellow flowers at the water's
surface. In many areas it crowds out impor-
tant native water plants and interferes with
3
The rapid spread of the plants is due to its
ability to reproduce through stem fragmen-
tation and underground runners. Fragments
clinging to boats and trailers has been the
cause of introduction to most of our inland
bodies of water. Clearing of the milfoil as
well as native vegetation has only created
new stem fragments and perfect habitat for
more growth. When there is a healthy
population of native lake plants the milfoil
has a hard time making inroads.
For more information on the control of Eur-
asian water milfoil, call the Department of
Natural Resources at 296-6157.
tc,03 cr. a`
Mayor's message: City, watershed organizations work together on water quality
�y Mayor Kim M. Bergman ■ Applying "best management practices" Development Update
recent column in a local newspaper
examined a hypothetical question
posed by a reader about water quality in
Medicine Lake. It may have sparked some
interest in how the City works to maintain
and improve water quality in local lakes -
and, specifically, in Medicine Lake.
Because rain and snow melts don't recog-
nize city boundaries as they flow down hill,
it is important that cities work together.
Coordinating with other municipalities
through watershed management districts or
commissions, is one way we oversee water
quality. The nine -city, joint powers com-
mission that oversees Medicine Lake is the
Bassett Creek Water Management Commis-
sion (BCWMC).
In 1992, the Commission proposed water
quality goals for all water bodies within the
Bassett Creek watershed. These goals will
help establish management plans for these
odies of water and the areas which drain
-ties
them.
Because Medicine Lake is the major recrea-
tion water body in the Bassett Creek Water-
shed, it requires the highest water quality
levels. To achieve this, the Commission
concluded that stormwater runoff dis-
charged to Medicine Lake will require a
certain amount of "treatment" to remove
nutrients, sediment and trash.
The Commission determined that a 60%
reduction in the amount of phosphorus that
reaches Medicine Lake is needed to
achieve its recreational goals. (Phosphorus
promotes algae growth. High levels of algae
cause poor water clarity, making it less
suitable for recreational uses.) The Com-
mission identified several measures to re-
duce the amount of phosphorus reaching
Medicine Lake. They include:
® Developing upstream water treatment
basins;
■ Building rough fish barriers;
Preventing erosion from new and exist-
ing development; and
by property owners.
By creating water quality basins on main
creeks and channels that enter the lake, we
can naturally filter storm water. In fact, the
City, with financial assistance from Hen-
nepin County, General Mills and BCWMC,
will undertake such a project this win-
ter/spring at Plymouth Creek Park. Other
major improvements are proposed in the
Plymouth Industrial Park, Northwest Busi-
ness Campus and upstream of Dunkirk Ln.
and Rockford Rd. Additional existing storm -
water ponds in the watershed of Medicine
Lake will be reviewed to determine if they
can be modified toremove nutrients and
trash from stormwater.
Building upstream fish barriers will prevent
bottom -feeding fish, like carp, from enter-
ing the lake and stirring up silt and sedi-
ment. The City has already built a barrier on
A major health care facility, West Health
Campus, will hold a groundbreaking cere-
mony on Tues., Oct. 12, 1:30 p.m. The
project will be on a 38 -acre site at .the
northeast corner of 1-494 and Hwy. 55.
Phase One, scheduled to be completed in
September 1994, is a $25 million, 112,291
square foot medical facility that will contain
a same-day surgery center, a women's
health center, a pharmacy, diagnostic and
radiology services, physician offices repre-
senting 40 medical specialties and a com-
munity meeting area.
The campus is intended to serve people
who live in Plymouth and its adjacent sub-
urbs. It could eventually include as many as
eight separate buildings. A wide range of
services are being considered and will be
based on community input, including day-
care, wellness facilities and senior housing.
Plymouth Creek with the help of Hennepin
County and the Minnesota DNR. Lake aera-
tion is another option that the Commission
has recommended to control the amount of Keep water quality in mind
phosphorus in the lake.
Developers in the Bassett Creek watershed
have been required to control the quality of
stormwater running off their sites for many
years. The Commission and City are con-
sidering adopting a comprehensive policy
to improve the quality of stormwater from
all future developments or redevelopment.
These water quality goals are expensive and
funding will need to be found, but you can
be sure that the City will continue to work
with the host of agencies charged with pro-
tecting water quality.
Finally, don't forget that you play an impor-
tant role in maintaining water quality. You
help minimize the pollutants entering our
lakes when you properly dispose of grass
clippings, used motor oil, radiator fluids,
pet wastes, household wastes, litter and
minimize the use of fertilizer containing
phosphorus.
3
Remember to con-
sider water quality
when preparing for
winter. Follow these
tips:
® As you rake, pick
- up all leaves and
grass clippings.
Don't leave them
on driveways or
sidewalks where they may be washed
into the storm sewers.
■ Pick up and properly dispose of all
dog/animal waste. If it is left on your
lawn, it may find its way into our storm
sewers when the snow melts. Also, re-
solve to pick up all dog waste before it
is covered by the next snow fall.
■ If you use a fall fertilizer, check its con-
tent and application rates. Clean up any
fertilizer that may have spilled on side-
walks, driveways or streets. Never apply
fertilizer to frozen ground.
L...—
The need for water quality improvements have been recognized at the state and federal levels. Individual communities have been
given the task of developing their own more stringent set of standards. The Plymouth City Council and Planning Staff is taking steps
to enact a Wetland Protection Ordinance. The accompanying article is an overview of why this ordinance is so important and timely.
The Benefit of Wetland Buffers
Our wetlands are among the most valuable and biologically diverse ecosystems on earth.
They provide many functions and values to society including: flood control, ground water
recharge, water quality improvement in lakes and streams, fish and wildlife habitat, recreational
and educational opportunities, and aesthetic values.
In order for wetlands to provide these functions, they need protection from human impacts.
Negative effects of'development adjacent to wetlands include increased runoff, sedimentation,
introduction of chemical pollutants (fertilizers, pesticides, etc.), and reduced populations of
wetland -dependent species.
Wetland buffers are those areas of native vegetation that surround a wetland and reduce
these impacts. If kept wide enough, the buffer strip can protect water quality by controlling soil
erosion and filtering out a variety of pollutants from stormwater runoff. The vegetation slows the
stormwater movement and allows it to soak into the soil which in turn is bound by the root
materials. This reduces the erosion potential and allows for pollutants to be removed or
transformed by the soil, bacteria and plants in the wetland buffer. If the buffer soils remain
uncompacted, the buffer will resist channelized water flow and possible introduction of aggressive
weedy plant types.
Wetland buffers also.play a role in moderating water level fluctuations. The vegetation slows
runoff and allows it to percolate into the ground. The soil then yields water to the wetland over
an extended period resulting in stable, natural ecosystems. Loss of this function is the reason
flooding is so prevalent with wetland drainage and poor planning.
The vegetated uplands adjacent to wetlands are considered to be one of the richest zonesfor
aquatic organisms, mammals, and birds. By keeping this area undisturbed, a healthy balance_ of
species can survive. For example, the Canada goose prefers a mown grass buffer for ease in
movement and feeding. A buffer of tall grasses and trees would provide cover for possible
predators (fox, mink, etc.) making it a much less likely location for over -population of these
fertile creatures. A vegetated buffer would also provide habitat for the many species of
mammals, waterfowl, and songbirds that feed on mosquitoes in the larval and adult stages.
Additionally, by limiting sedimentation, a buffer can help keep fish and amphibian populations
viable. As little as one-tenth of an inch of sediment on these eggs will keep them from hatching.
. Based on the valuable functions a healthy wetlands can provide, their need for protection is
apparent. We should all be proud that Plymouth is looking toward the future and taking steps to
maintain the best possible quality of life for our community in conserving these natural areas.
Submitted by Sharon Meister
M-3
The Financial Advisory Committee is an advisory body to the City Council. The
mission of the Financial Advisory Committee is to review, analyze and inform the
City Council and the public with respect to City financial matters, and to provide
innovative, proactive ideas for effective and efficient use of City resources.
CITY OF PLYMOUTH
FINANCIAL ADVISORY COMMITTEE AGENDA
JUNE 89 1994
4:00 P.M.
1. Call to order
2. Review of May 11th minutes
3. Financial Consultant presentation
4. Annual Financial Report
5 Review of Request for Proposals for Investment Management Services
6. Financial Advisory Committee Objectives
7. Capital Improvement Program
8. Next month's Agenda
9. Adjournment
Next Meeting: Wednesday, July 13, 1994 4:00 P.M.
IF YOU ARE UNABLE TO ATTEND THE MEETING PLEASE CONTACT
DALE HAHN AT 550-5101 OR BO BOCK AT 331-5571 BEFORE 3 P.M. ON
THE DAY OF THE MEETING. THIS WILL HELP ASSURE PROMPT
STARTING AND ADJOURNMENT OF THE MEETING.
M -A
PLANNING COMMISSION MEETING AGENDA WHERE: Plymouth City Center
WEDNESDAY, NNE 8, 1994 3400 Plymouth Blvd.
CITY COUNCIL CHAMBERS Plymouth, MN 55447
CONSENT AGENDA
All items listed with an asterisk (*) are considered to be routine by the Planning Commission and will be
enacted by one motion. There will be no separate discussion of these items unless a Commissioner,
citizen or petitioner so requests, in which event the item will be removed from the consent agenda and
considered in normal sequence on the agenda.
1. CALL TO ORDER 7:00 P.M.
2. PUBLIC FORUM
3. APPROVAL OF AGENDA
4. * CONSENT AGENDA
A. Zeman Constriction Company. Site Plan Amendment for the addition of 31 parking
spaces at 5353 Nathan Lane North (94041)
B. Laukka-Williams Parkers Lake. PUD Landscaping Plan Amendment to allow the use
of MNDOT seed mix 1000 in place of approved sod located south and east of
Shenandoah Lane and Vicksburg Lane (94047)
5. PUBLIC HEARINGS
A. Burgundy Village. Land Use Guide Plan Amendment to reguide 14.1 acres from LA -3
(High Medium Density Residential) to LA -4 (High Density Residential) for property
located on the east side of Medicine Lake Drive north of Highway 55 (93122)
B. Beth and Terry Bloom. RPUD Preliminary Plan Amendment and Conditional Use
Permit to allow construction of a 4 1/2 foot tall fence in the front yard setback at 18740
39th Avenue North (94040)
6. DISCUSSION ITEMS
A. City of Plymouth. Amendments to the Shoreland Overlay Management District
(94059)
7. INFORMATION ITEMS
A. Consultant Assistance for Preparation of Wetland Ordinance
8. ADJOURNMENT
Regular Meeting of the Park and Recreation Advisory Commission
June 9, 1994, 7 p.m.
AGENDA
1. Call to Order
2. Approval of Minutes
3. Visitor Presentations
a. Athletic Associations
b. Staff
c. Others
4. Report on Past Council Action
a. Approved acquisition of property on Forestview Lane
5. Unfinished Business
a. West Medicine Lake Park update
b. Study of unique open spaces update
c. Accessible playground update
d. 1994 trail construction projects update
6. New Business
a. Review master site plan for Seven Ponds neighborhood park
b.
C.
7. Commission Presentation
8. Staff Communication
9. Adjourn
Next Regular Meeting - July 14
�� CITY CENTER MEETINGS
June 1994
"REVISED MEETING "" NEW MEETING 6/2/94
2
3
4
May1
S M T W T F S
7:30 PAI HUMAN RIGHTS
1 2 3 a 5 6 7
COAIlIIISSION
89 10 11 l2 l3 U
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
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7:00 PM COUNCIL
7:00 PAI WATER QUALITY
4:00 PAI FINANCIAL ADNT-
5:30 PAI OPEN SPACE
MEETING
COIMHTTEE
SORY COAIIIIITTEE
COr.MIITTEE
7:00 PAI PLANNING
7:00 PM PRAC
COAIlIIISSION
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7:00 PM COUNCIL STUDY
7:00 PAI BOARD OF
7:00 PM PACT
7:00 PM HRA
SESSION - Public Satety,Cout
ZONING
Rm
7:00 PM Council Subcom-
mittee on State Auditor's
Report - Pub. Safety
Library
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7:00 PM COUNCIL
Summer begins
7:00 PM PLANNING
MEETING
COMMISSION
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MUSIC IN PLYMOUTH
S M T W T F S
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"REVISED MEETING "" NEW MEETING 6/2/94
�� CITY CENTER MEETINGS
July 1994
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Independence Day - City
7:00 PAI WATER QUALITY
(Music In Plymouth - Rain
7:30 PAI HUMAN RIGHT
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COAIDHTTEE
Date)
COAIlIHSSION
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MEETING
ZONING
SORY COMMITTEE
7:00 PAI PLANNING
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COAIAIISSION
*REVISED MEETING ** NEW MEETING 6/2/94
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M•%
City Council Weekly Planner
June OS -July 16, 1994
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
June 5
June 6
7:00 PM COUNCII
MEETING
June 7
7:00 PM WATER
QUALITY
COMMITTEE
June 8
4:00 PM FINANCIAL
ADVISORY
COMMITTEE
June 9
5:30 PM OPEN
SPACE
COMMITTEE
June 10
June 11
7:00 PM PLANNING
COMMLSSION
7:00 PM PRAC
League
of MN Cities Annual
Conf: - St. Paul Radisson
June 12
June 13
7:00 PAI COUNCIL7:00
STUDY sFssIox-
Public Srfety —...
Rm
June 14
June 15
June 16
June 17
June 18
PM BOARD
OF ZONING
7:00 PM PACT
7:00 PM HRA
7:00 PM Council
Subcomnuttee on
State Auditor's
Report - Pub.
Safety Library
June 19
June 20
June 21
Summer begins
June 22
June 23
June 24
June 25
7:00 PM COUNCIL 'a>"'
MEETING
7:00 PM PLANNING
COMMISSION
June 26
June 27
June 28
June 29
MUSIC IN
PLYMOUTH
o. :....... ..................
June 30
July I
July 2
July 3
July 4
Independence Day
- City OfficesQUALITY
Closed
July 5
7:00 PM WATER
CONfMT TEE
July 6
(Music In Plymouth -
Rain Date)
July 7
7:30 PM HUMAN
RIGHTS
COAtMISSIOx
July 8
July 9
July 10
July 11
July 12
July 13
July 14
July 15
July 16
7:00 PM COUN-
CILMEETING'
7:00 PM BOARD4:00
OF ZONING
PM FINANCIAL
ADVISORY
COMMITTEE
1:00 PM PRAC
7:00 PM PLANNING
COMMISSION
"Revised Meeting "New Meeting 6/2/94
3'-10•+
MINUTES
PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY
APRIL 21, 1994
A meeting of the Plymouth Housing and Redevelopment Authority was called to order by
Chairman David Crain on April 21, 1994.
PRESENT: Chairman David Crain, Commissioners Marjie McFarland, John
Edson, Brian Warhol and Thomas Rugh
ABSENT:
STAFF PRESENT: Executive Director Anne Hurlburt, Housing Specialist Milt Dale,
Housing Secretary Denise Hutt
APPROVAL OF MINUTES
MOTION by Commissioner Warhol, seconded by Commissioner McFarland to
recommend approval of the March 17, 1994 minutes.
Vote. 5 Ayes. MOTION carried unanimously.
SENIOR HOUSING PROJECT UPDATE
Donna Flaata of Walker Management presented Commissioners and staff with weekly
updates for the senior housing project. She informed Commissioners that Sarah Miller,
manager, has received 450 telephone calls and 46 walk-ins since April 1, 1994. A total
of 653 applications have been mailed out with 323 received through April 21, 1994. All
applications were held until the end of the day on April 11, at which time they were
randomly drawn and reviewed for preferences. Ms. Miller is processing 30 applicants per
week and making appointments for applicants to interview starting the first week in May.
The majority are Plymouth residents over the age of 62.
Director Hurlburt asked how many of the applicants responding to date are homeowners.
Ms. Flaata was not sure of the exact number of applicants that were homeowners, but the
market value of the majority of their homes ranged from $80,000 to $100,000.
Commissioner Edson believed while the building could be filled with very low income
applicants, he wondered if the budget could accommodate only very low income residents.
Ms. Flaata responded the budget could not handle all very low income residents and
therefore, low income renters would also be approved.
M., \0k-.0
Housing and Redevelopment Authority
April 21, 1994
Page #24
Greg Oppegard of Walker Management stated the project is progressing on schedule with
favorable weather allowing them to complete the roof trusses and make up some of the
time previously lost. Frana and Sons are still asking for an extension, but Mr. Oppegard
will request them to put together a revised schedule. Sheet rocking will begin next week
provided building inspections are completed. By the end of May the roof should be
capped and the building sheet rocked, allowing for the project to be back on schedule for
an October 1 opening. Walker has accepted a brick panel and will have a complete mock
up done for Commissioners to look at on site. Walker has received a warranty from
Minnesota Brick to hand sort "seconds" to allow only the best to be used. If Walker
rejects any of the bricks, Minnesota Brick will have to supply replacements free.
Mr. Oppegard stated NSP needs to install a switch gear and transformer next to the
generator, which is to be located in front of the dining room area. The transformer is
about five feet tall. This locations places it in the closest proximity to the electrical room.
They have looked into the possibility of relocating it to the back of the building however,
this would bring it too close to the buildings next door. A possibility would be to move it
farther away, but this would be an additional cost of $15,000. The generator, off-white in
color would be screened by a fence and landscaping and would not detract from the
building, but with the addition of the transformer, the visual impact would be too large.
Commissioner Rugh asked if it would be feasible to have the transformer and generator
recessed in the ground on concrete and have it surrounded by landscaping.
Mr. Oppegard responded that it may be a good idea to have it recessed, but he was not
sure of the cost involved. He will obtain a cost proposal from the electrician and get
approval from Director Hurlburt before proceeding.
Chairman Crain commented that if the generator and transformer can not be recessed, it
would be preferable not to locate both together.
Mr. Oppegard stated he needed direction on the issue of the stairwell. Did Commissioners
want to proceed with the domed stairwell as proposed by BRW Elness Architects. The
cost involved would be $8,000 as proposed, or $5,800 if the curves in the dome are
eliminated. He informed Commissioners there is sufficient funds to cover the proposed
dome.
Commissioner McFarland commented she would prefer the concept BRW Elness
Architects proposed, as it is more aesthetically pleasing.
Commissioner Edson asked what a person would see from the third floor corridor.
Housing Specialist Dale replied they would see the walls enclosing the dome. -
Housing and Redevelopment Authority
April 21, 1994
Page #25
Chairman Crain and Commissioner Edson suggested Walker go ahead with the dome as
proposed by BRW Elness Architects.
MOTION by Commissioner Edson, seconded by Chairman Crain authorizing staff to
execute a change order for the curved dome as proposed by BRW Elness Architects.
Vote. 5 Ayes. MOTION carried unanimously.
COMMUNITY BUILDERS PROPOSAL
Housing Specialist Dale gave an overview of the April 15, 1994 staff report.
Bruce Larson, President of Community Builders, stated they are requesting $40,000 of
Community Development Block Grant (CDBG) funds in 1994 to use for a Lease to
Purchase Program. The Lease to Purchase Program is for low to moderate income
families to allow them the transition into homeownership. He explained how many low to
moderate income families face considerable barriers in achieving homeownership. This
program allows a family to lease for two years until the family resolves bad credit or
obtains a stable working environment. After that time, they would take on the
responsibility of homeownership. Mr. Larson stated St. Louis Park, Minnetonka and
Mound are willing to participate in providing funds for this program. Community Builders
is looking to purchase two homes in Plymouth, rehabilitate as necessary, and then lease for
two years, at which time the family would take over ownership of the home.
Chairman Crain questioned if two years is a reasonable amount of time for the family to
become homeowners.
Mr. Larson responded that over a longer time period, the family will more likely revert
into the role of a renter. A time period of two years is more realistic and is an obtainable
goal for most families. Minneapolis currently has a one year time period for their
program.
Chairman Crain asked if there is a recovery process for funds if the family sells the home,
as we currently have in our Rehabilitation Grant/Loan Program and our First Time
Homebuyer Program.
Mr. Larson replied that there would be a fund recovery process.
Chairman Crain questioned if Community Builders would be looking at the entire area of
Plymouth for purchasing the homes.
Mr. Larson responded affirmatively.
S; N Oma►
Housing and Redevelopment Authority
April 21, 1994
Page #26
Commissioner Rugh asked if any studies have been done to show there is a need for this
type of program.
Housing Specialist Dale commented that only one of six applicants for our First Time
Homebuyer Program in 1992 could get pre -qualified for a mortgage due to either poor
credit or inability to find an affordable home in Plymouth.
Mr. Larson stated in his conversations with Interfaith Outreach and Community Partners,
there is a definite need in Plymouth for this program. Interfaith Outreach and Community
Partners serves seven different communities and have assisted 400 families in Plymouth,
with 50-55% of their funding going to Plymouth residents.
Chairman Crain asked how many families have dropped out of the program offered by
Minneapolis.
Mr. Larson was not sure, but he would get that information for the Commissioners.
Commissioner McFarland questioned if Plymouth has homes available that would be
suitable for the Lease to Purchase Program.
Housing Specialist Dale stated a survey has not been done, but he believed not many
Plymouth homes would need to be rehabilitated.
Commissioner Warhol commented that some homes may need to be handicapped
accessible.
Mr. Larson stated that Community Builders looked at housing lists approximately eight
months ago, and at that time there would be an adequate housing stock to pull from for
this program. The targeted purchase price for homes would be $50,00-$75,000, with a
limit of $80,000.
Chairman Crain thought maybe more homes would be available from seniors who lease up
at Plymouth Towne Square.
Commissioner Warhol suggested Plymouth's First Time Homebuyer applicants receive
preference for the Lease to Purchase Program.
Mr. Larson responded preference would go to Plymouth residents who have barriers to
overcome to secure homeownership.
Commissioner McFarland wondered if Community Builders' schedule may be too
ambitious, i.e. acquiring homes in July and moving families in by September. She asked if
other programs move this quickly. TL-
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Housing and Redevelopment Authority
April 21, 1994
Page #27
Mr. Larson replied Community Builders plans on purchasing eight homes this year and 12
homes next year. He responded that by proceeding with two or more homes at a time,
they are able to move forward quickly.
MOTION by Chairman Crain, seconded by Commissioner Edson to hold a public hearing
on reallocating Community Development block Grant (CDBG) funds in May to discuss
the proposal by Community Builders.
Vote. 5 Ayes. Motion carried unanimously.
Director Hurlburt stated that due to the need to expend CDBG funds promptly, more
public hearings were being held than normal. She would like to see that changed. She
believed two public hearings per year would be sufficient.
Commissioner McFarland asked where the funds would come from if this request was
approved.
Chairman Crain replied the funds might be taken from the First Time Homebuyer
allocation as this program would achieve the same goal.
Director Hurlburt suggested using the $20,000 previously allocated to the senior services
planning to cover part of the request by Community Builders.
Chairman Crain commented it is possible Community Builders may come back annually
requesting additional funding.
TAX FORFEITURE LOT
Housing Specialist Dale gave an overview of the April 13, 1994 staff report.
Chairman Crain asked how this lot could be a tax forfeiture lot when there were no
delinquent taxes shown on the Assessing Division's Tax Forfeit Land Analysis form.
Housing Specialist Dale replied the property has $188.52 in unpaid specials.
Director Hurlburt commented she believed the developer went bankrupt.
Commissioner McFarland wondered if the family that was chosen for the lot on Fernbrook
and County Road 9 would be willing to trade for this lot.
Housing Specialist Dale stated he has talked with the Plymouth Housing Alliance
regarding the possibility of swapping lots. The lot on 53rd Avenue would be more
preferred even though there is railroad tracks behind the property. The City can get -this
Housing and Redevelopment Authority
April 21, 1994
Page #28
lot at no cost and it would help the Plymouth Housing Alliance to reduce its front end
costs.
Commissioner Warhol asked if the City always has first chance of obtaining a tax
forfeiture lot.
Commissioner Edson replied the City has the opportunity to acquire any tax forfeiture
property prior to public sale. He commented if the Plymouth Housing Alliance was to
build the house on the tax forfeiture lot, it would have to be designed to fit into the
aesthetics of the existing neighborhood.
Chairman Crain voiced his opposition of swapping the Fernbrook lot for the 53rd Avenue
lot for the Plymouth Housing Alliance. He stated he would like to see the house built on
the Fernbrook lot as it is more visible, and the 53rd Avenue lot would make an excellent
second lot for a Plymouth Housing Alliance project.
Commissioner Warhol stated it would cost more to build on the 53rd Avenue lot, as there
is the requirement for triple pane windows and thermal insulation because of the railroad
tracks located behind the property.
Commissioner McFarland wondered if the surrounding neighbors of the 53rd Avenue lot
would voice objections to this project.
Director Hurlburt responded if the house plans meet zoning and building code
requirements, there should not be a problem.
Commissioner Edson agreed with Chairman Crain that the Plymouth Housing Alliance
should build on the Fernbrook Lane/County Road 9 lot first.
MOTION by Commissioner Edson, seconded by Commissioner McFarland, requesting the
Plymouth City Council take action to secure tax forfeiture Lot 25, Block 1, Pine Ridge at
Bass Lake.
Roll Call Vote. 5 Ayes. MOTION carried unanimously.
METRO COUNCIL HOUSING ACTIVITIES SURVEY
Director Hurlburt asked Commissioners for their comments on the Housing Activities
Survey sent by Metropolitan Council.
Chairman Crain suggested emphasis be placed on removing state and federal barriers now
laced on cities to enable communities to provide more affordable housing. He suggested
the following items be ranked higher: Evaluate and recommend ways to streamline --the
housing development review process, Develop and conduct an affordable housing
1ch.a
Housing and Redevelopment Authority
April 21, 1994
Page #29
public information program; and, Provide general obligation backing of qualified
housing bonds. He commented Analyze the need for changes in workforce training
should be ranked lower. He suggested success stories be emphasized and indicate how
they were accomplished.
Commissioner Edson commented cities have no control over the free market.
Chairman Crain generally agreed with the top five ranking of the issues currently impeding
the development of low and moderate income housing in Plymouth.
Commissioner Edson commented the issue of Poor access to services and employment
because of the transportation/transit system should be in the top five.
Commissioner McFarland concurred the transportation issue is of high importance.
INFORMATION ITEMS
Chairman Crain asked what other property would be available for Hammer Residences.
Housing Specialist Dale replied the City owns property at the end of Black Oaks Lane
near Fire Station Number 3 that may be subdivided into one or more lots.
Director Hurlburt asked if Commissioners would like the Hammer Residence proposal on
the May agenda.
Chairman Crain questioned what role the Housing Authority would have with Hammer
Residence.
Housing Specialist Dale replied the involvement of the Housing Authority would to
donate the land. Hammer Residence is looking at building a $200,000 home having six.
bedrooms.
Commissioner McFarland questioned if the land available on Black Oaks Lane would be
large enough to handle this project.
Housing Specialist Dale responded the land could accommodate the project provided
wetland issues/requirements are met.
Housing Specialist Dale informed Commissioners that the Plymouth Housing Alliance met
with the Interfaith Outreach board. Interfaith Outreach has agreed to donate $12,500 to
the Housing Alliance provided they match that amount.
Commissioner Warhol stated Interfaith Outreach would be willing to donate $25,000 i€ -the
Housing Alliance would agree to a joint venture on this project.
2 Na
Housing and Redevelopment Authority
April 21, 1994
Page #30
Commissioner Edson suggested the joint venture between the Plymouth Housing Alliance
and Interfaith Outreach be pursued.
MEETING ADJOURNED AT 8:50 P.M.
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NIINUTES
FINANCIAL ADVISORY COMMITTEE
MAY 11, 1994
The Financial Advisory Committee was called to order by Chairperson Bock at 4:01 P.M. in
the large conference room.
PRESENT: Bock, Stene, Sullivan, Bartling, Guddal, Treptow
ABSENT: Ricci
OTHERS PRESENT: Finance Director Hahn, Financial Analyst Helgeson, Risk Management
Coordinator Pemberton, Mayor Tierney, Resource Trust Company
Representatives Welch and Rice
REVIEW OF APRIL 13TH MINUTES
The April 13th minutes were reviewed and approved as presented with the addition of
"Member Bartling distributed proposed Committee objectives for 1994 to be further discussed
at a later meeting. "
INVESTMENT ANALYSIS BY RESOURCE TRUST COMPANY
Tom Welch, from Resource Trust Company, discussed the City's investment policy, portfolio
price risk, and portfolio credit risk and general philosophy for investment portfolio
management. Mr. Rice from Resource Trust Company then discussed his philosophy on how
additional interest income could be obtained through alternative management of an investment
portfolio. He discussed his strategies for buying and selling investments, and how these
procedures might help improve the rate of return on any portfolio. He explained that his track
record has been to provide 318 basis points over the two year bond rate.
The Committee directed the Finance Director to provide samples of Requests for Proposals
(RFP) for obtaining investment services from outside sources. Finance Director Hahn will
contact the Government Finance Officers organization and any other potential sources for RFP
samples and report back to the Committee at the June meeting.
ANNUAL RISK MANAGEMENT REPORT
Mr. Pemberton reviewed the annual risk management report with the Committee discussing
the City's current retention levels and the savings resulting from using these methods. He
further discussed the City's excellent safety program and credited them for keeping the City's
losses at a minimum.
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MINUTES
FINANCIAL ADVISORY COMMITTEE
MAY 11, 1994
PAGE TWO
Member Bock asked if the City considered purchasing the umbrella insurance at the annual
renewal. Mr. Pemberton explained that this was once again brought to the Council's attention
and staff recommended that the City not purchase this insurance. He explained the cost
implications (copy attached) of purchasing different levels of insurance and felt that it was to
the City's advantage to once again self -insure this risk. The committee's consensus was
agreed with the Risk Management Coordinator not to purchase the umbrella coverage.
ANNUAL AUDITED FINANCIAL STATEMENT
The Finance Director passed out the draft of the 1993 Annual Financial Report and asked the
Committee to review it at their earliest convenience. He indicated that the report would be
going to the City Council on June 6th, and would appreciate any comments at least a week in
advance of this date. Finance Director was asked to send out the auditor's comments as soon
as they are received, so the Committee can review them in conjunction with the Financial
Statement.
COUNCIL SUBCOMMITTEE ON STATE AUDITOR'S REPORT
Member Treptow discussed the Committee's reviewal process and explained that the
Committee is comparing recommendations for defining policies and establishing procedures,
responsibilities and internal controls. He indicated that the approval process for travel,
expense reimbursement and other monetary reimbursements be handled through a formal chain
of command.
NEXT MONTH'S AGENDA
The June meeting will include discussion of the Annual Financial Report, Requests for
Proposals for investment services, discussion of Financial Advisory Committee objectives and
the Capital Improvement Program.
ADJOURNMENT
Meeting adjourned at 5:55 P.M.
Exhibit B
March 13, 1994
UMBRELLA LIABILITY QUOTATION
(1) NON -WAIVER (2) WITH WAIVER
IJ IITS OF TORT LIMITS OF TORT LIlVIITS
$1,000,000 33,316 38,541
$3,000,000 58,304 67,446
$5,000,000 64,550 74,673
(1) Non -waiver of tort immunity: Minnesota statutes limit liability to $200,000 per
person/$600,000 per accident. The increased limits of liability would only apply
to federal human right claims and out-of-state incidents.
(2) Waiver of tort limits: The Minnesota statutes limiting liability to $200,000 per
person/$600,000 per accident would be waived and the umbrella limit purchased
would become the new limit of liability. The increased limit of liabilty would
also apply to federal human right claims and out of state incidents.
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T- NC..0
SHINGLE CREEK WOTERSHED MANAGEMENT COMMISSION
3001 Harbor Lane • Suite 150 • Plymouth, MN 55447
Telephone (612) 553-1144 • Fax (612) 553-9326
A regular meeting of the Shingle Creek Watershed Management Commission will be held Thursday,
June 2, 1994, at 12:45 p.m. at the Saint Andrews Club, 8700 Edinbrook Crossing, Brooklyn Park,
MN. An agenda for that meeting follows:
1. Call to order.
2. Roll call.
3. Minutes of May meeting.
4. Reports from officers.
5. Approval of claims.
5. CoriSideraiion of communications.
a. Communications Log.
b. Annual Report.
1) Report (to Commissioners) and copy of transmittal letter enclosed in packet.
2) Memo from BWSR re Second Generation Plans, reporting requirements.
C. "River Watch" - see letter from TC Radio Broadcasters Assn.
d. Publication list and registration for national symposium, "Restoration of Aquatic Ecosys-
tems," from Assn. of State Wetland Managers.
7. Project Reviews.
a. 94-5 Savannah, Plymouth - under separate cover.
8. Wetland Conservation Act.
a. LGU designations - all have been received.
b. Wetland Replacement Plan Notification List - none received.
C. Wetlands Planning - see letter from Elizabeth Carlson.
9. Water Quality Monitoring.
a. 1994 Projects.
1) Aquascaping Demonstration Video - see letter from MN Extension Service.
b. Watershed outlet monitoring program - see letter in packet.
C. Nonpoint Source Education Project - see copy of letter enclosed.
10. Other Business.
a. Twin Lakes/Ryan Lake - report enclosed.
b. Appointments to Commission. Awaiting appointments for Commissioner and Alternate
from City of Brooklyn Center and for Commissioner from Osseo.
C. 1995 Budget.
d. The July meeting has been rescheduled to July 7.
11. Adjournment.
BROOKLYN CENTER • BROOKLYN PARK • CRYSTAL • MAPLE GROVE • MINNEAPOLIS • NEW HOPE • OSSEO • PLYMOUTH • ROBBINSDALE
NC.,o
SHINGLE CREEK WATERSHED MONAGEMENT COMMISSION
3001 Harbor Lane • Suite 150 • Plymouth, MN 55447
Telephone (612) 553-1144 • Fax (612) 553-9326
MINUTES
April 14, 1994
A meeting of the Shingle Creek Watershed Management Commission was called to order by Chairman
Fred Moore on Thursday, April 14, 1994, at 12:55 p.m. at the Saint Andrews Club, 8700 Edinbrook
Crossing, Brooklyn Park, MN.
Present were: Mark Maloney, Brooklyn Center; Gary Brown, Brooklyn Park; Anne Norris, Crystal;
Gerald Butcher, Maple Grove; Perry Damon, Minneapolis; Mark Hanson, New Hope;
Dave Cailister (non-voting) and Jerry Schreiber, Osseo; Fred Moore, Plymouth; Maria
D'Andrea, Robbinsdale; Dale Claridge, Montgomery Watson; Curt Pearson, attorney; and
Judie Anderson, Recording Secretary.
Also present: Susan Steinwall, Fredrikson & Byron; Ron Peterson, Peterson Environmental Consulting;
and Pete Knaeble, Terra Engineering.
I. Minutes.
Brown moved and Norris seconded a motion to approve the minutes of the March meeting.
Motion carried.
II. Treasurer's Report.
Maloney moved and Norris seconded a motion to approve the Treasurer's Report. Motion carried.
Maloney moved and Butcher seconded a motion to accept the 1993 Audit Report and file it with
the State Auditor. Motion carried.
III. Approval of Claims.
Maloney moved and Brown seconded a motion to approve claims totaling $12,491.77. The claims
were approved by roll call vote: ayes - Maloney, Brown, Norris, Butcher, Damon, Hanson, Schreiber,
Moore and D'Andrea; nays - none.
IV. Correspondence.
A. The Commissioners reviewed the Communications Log, No action was required.
B. The Commissioners received copies of a memo from Montgomery Watson showing the
status of Local Water Management Plans. Five communities have begun preparing their plans.
C. The Commissioners also received a copy of a memo from Metropolitan Council re the
Twin Cities Water Quality Initiative, a grant program which focuses on abating, controlling and
BROOKLYN CENTER • BROOKLYN PARK • CRYSTAL • MAPLE GROVE • MINNEAPOLIS • NEW HOPE • OSSEO • PLYMOUTH • ROBBINSDALE
SCWMC Minutes
April 14, 1994
page 2
preventing nonpoint pollution to the Mississippi, St. Croix and Minnesota Rivers. Submittal deadline is
May 13.
D. Claridge acknowledged receipt of the final report on the Brookdale Area Drainage Study
from the City of Brooklyn Center. In the Commissioners' packets was a copy of Maloney's transmittal
letter, Executive Summary, and Conclusions and Recommendations. Claridge's April 5 memo stated that
treatment alternatives analyzed by the City would significantly improve the water quality of stormwater
runoff to Shingle Creek.
E. The Commission also received a copy of an Order of the Board of Water and Soil
Resources approving the Hennepin County Ground Water Plan. The County Board will consider the
�= Plan in May.
F. Anderson distributed copies of a memo outlining the interest proposals received to provide
technical or legal services to the Commission. Butcher moved and D'Andrea seconded a motion to accept
the report and place the proposals on file. Motion carried. Anderson will acknowledge receipt of the
proposals.
G. The Commission received a copy of the report, Observation Well Data Summary for
Water Year '93, from DNR.
H. The Commission also received a letter from Hennepin County Department of Public Works
stating that an EIS is not necessary for the CSAH81, CSAH30 and CR202 roadway construction
project.
I. The Commissioners were notified of a meeting sponsored by the Council of Metropolitan
Area Leagues of Women Voters, "Update on Watershed Management Organizations," to be held April
21.
V. Project Reviews.
A. 894 Solid Waste Transfer Station, Brooklyn Park. Claridge distributed copies of the
test results from groundwater samples collected March 10. Concentrations of all parameters sampled were
within allowable limits.
B. 94-2 Eden Park Apartments Rehabilitation. Remodeling and updating of existing
apartment buildings, construction of new Resource Center, and improving poor site drainage by regrading
and installing new storm sewers at site located between Zane Avenue and Douglas Drive, south of 65th
Avenue, Brooklyn Park. Claridge presented a draft resolution granting a variance to the Commission's
Management Standards. Moore moved and Butcher seconded a motion to table action on this project until
further alternatives to treat stormwater runoff from the site are evaluated. Motion carried.
C. 94-3 5000 Winnetka 2nd Addition. Development of a six acre industrial site located
north of 49th Avenue between Winnetka and Louisiana Avenues, New Hope. Additional information is
SCWMC Minutes
April 14, 1994
page 3
needed to address stormwater treatment requirements of the Commission. Butcher moved and Maloney
seconded a motion to table action on this project pending receipt of further information. Motion carried.
[Norris departed 2:00 p.m.]
D. 944 Regional Stormwater Pond, City of Brooklyn Center. Construction of a regional
stormwater pond to serve a 47 acre residential area in the northwestern corner of the City, located
northwest of the intersection of Regent and 71st Avenues. Brown moved and Maloney seconded a motion
directing the consultant to notify the City of Brooklyn Center that approval of 94-4 is hereby granted.
Motion carried.
f. [Schreiber and Callister departed 2:20 p.m.]
VI. Wetland Conservation Act.
A. LGU Designations. A designation has not been received from Minneapolis.
B. Wetland Management Policy. The Commissioners received copies of the Wetland
Management Policy which was adopted by the Commission at its March meeting.
C. Wetland Replacement Notices. None received this month.
D. The Commission received a copy of a memo from BWSR re Wetland Regulatory
Simplification. It included information on Combined Project Notification, Wetland Banking, and State
Programmatic General Permits.
VII. Water Monitoring Program.
A. 1994 Projects. Anderson distributed a completed evaluation sheet rating the suggested
projects outlined in Claridge's March 7 memo.
B. Claridge's April 8 memo advised the Commissioners of the volunteer training session for
the Met Council's Citizen Assisted Lake Monitoring Program. Data generated from this program will
be included in the water quality data analysis projects for Bass and Crystal Lakes, approved last month
by the Commission.
C. Claridge's April 13 memo provided additional information re Basin Inspection Checklist
and Maintenance Guidelines and the aquascaping demonstration video.
1. Butcher moved and Brown seconded a motion to authorize funding of up to $1,000
to participate in the Hennepin Conservation District's aquascaping demonstration video project. Moore
moved and Brown seconded an amendment to that motion to authorize up to an additional $1,000 for
consulting time. Both motions passed. The Commissioners also suggested that other WMO's be contact
re participation in this project.
ZdVLO
SCWMC Minutes
April 14, 1994
page 4
2. The Commissioners from Brooklyn Park, Maple Grove and Plymouth have
indicated they have mapped the stormwater ponds within their cities.
VIII. Other Business.
A. Appointments to Commission. Brooklyn Center must post for and appoint a
Commissioner and an Alternate for a three year term beginning February 1, 1994. Osseo must post for
and appoint a Commissioner to fill the unexpired term of Richard Fursman.
B. Upcoming Meeting Dates. The May meeting of the Commission has been rescheduled
to Thursday, May 5, at Saint Andrews Club, and the June meeting was rescheduled to Thursday, June
2. Due to another scheduling conflict, the July meeting was rescheduled to July 7.
C. 1995 Budget. Pending receipt of final numbers, the Executive Committee will schedule
a meeting to draft a budget for 1995.
There being no further business before the Commission, the meeting was adjourned at 2:35 p.m.
Respectfully submitted,
Judie A. Anderson
Recording Secretary
JAA:tim
League of Minnesota Cities
Cities
Bulletin
Number 15
League staff review session
The League's intergovernmental
relations staff and Executive Director
Jim Miller went on the road this week
: to report on the accomplishments and
changes of -the 1994 legislative session.
According to IGR Director Duke
Addicks, for a short session, the
Legislature was quite active. The result
was improved laws for cities in some
areas, and prevention of some propos-
als that cities opposed.
Priority issues that saw action were
state aid to cities, the local government
trust fund, data practices and the open
meeting law, landfill cleanup, public
employment, labor relations, tax
increment financing, contamination
cleanup grants, and annexation.
For summaries of these and other
issues, see the law summaries section
of this issue of the Bulletin, starting on
page LS -1.
Intermediate bond funds decline in value
Tom Grundhoefer
Recent newspaper articles have
noted that the dramatic rise in interest
rates over the past couple of months
has caused a number of mutual funds
that invest in intermediate-term
government securities to decrease in
value. Hardest hit by the rising interest
rate environment have been the
intermediate bond funds with signifi-
cant portions of their portfolio in
government mortgage-backed securi-
ties and their derivatives. Piper
Jaffray's Institutional Government
Income Portfolio, which has nearly 62
percent of its portfolio in mortgage-
backed derivatives, in particular has
suffered a very significant decline in
share value. (Although Piper also
manages the League's 4-M money
market fund, neither the League nor the
4-M fund have any involvement in
Piper's Institutional Government
Income fund.)
A number of cities have invested
in some of these intermediate funds.
The market actions serve as a reminder
of how important it is for cities to
periodically re-evaluate their invest-
ment holdings, and to make sure that
the characteristics of the city's invest-
ments are consistent with the city's
cashflow needs and the city's invest-
ment philosophy and strategy.
Page LS -1 Law Summaries I Bulletin increases coverage
A review of the session:
successes for cities and law
summaries
The Bulletin adds new information:
Upcoming League Meetings, and
reviews of LMCIT board actions.
May 27, 1994
Free seminar will
explore how the law
affects Minnesota
elected city officials
The League of Minnesota Cities
has waived the fee for the seminar
Governing Your City: Real Life
Scenarios and Minnesota Law. The
seminar will explore some actual
situations involving the open meeting
law, data practices, land use decisions,
and employee dismissal, the issues that
can cause problems if the council
doesn't handle them correctly.
A panel of veteran elected officials
and several attorneys will share their
experiences and legal perspectives.
The workshop will include hands-on
time to discuss possible responses, and
answers to your questions.
To find out how others have
tackled these important issues, attend
the half-day workshop scheduled for
Tuesday, June 7, 1994 from 1:00 to
5:00 p.m. at the Radisson St. Paul
Hotel. It will take place just before the
League's Annual Conference and will
adjourn in time for you to have dinner
in St. Paul and attend the kickoff event
featuring Garrison Keillor.
To register for the seminar, call
Cathy Dovidio at (612) 490-5600 or 1-
800-925-1122 plus your city code.
See page 3 for details.
Route to:
Contents
League staff review session....................................................... 1
Intermediate bond funds decline in value ................................. 1
Free seminar will explore how the law affects Minnesota
elected city officials................................................................ 1
Governingyour city................................................................... 3
LMCIT Board of Trustees reviews benefit programs ............... 4
LMCIT is looking for planning committee volunteers ............. 4
MALHFA reviews legislative session, announces meetings..... 5
Some city elected officials qualify for early
retirement incentives.............................................................. 5
Upcoming League Meetings ..................................................... 5
League board appoints leadership advisory committee ............ 6
1994 Salary and Benefit surveys near completion .................... 6
Free recreation access survey for ADA compliance ................. 6
Minnesota HFA to participate in HUD risk -sharing program ... 7
Media coverage complaints topic of workshop ......................... 7
MPCA proposes update for state superfund list ........................ 7
Local government trust fund ..................................................... 8
Training, awards...................................................................... 10
Lawsummaries.................................................................... LS -1
MunicipalAds................................................................... LS -18
The Cities Bulletin is a publication of the League of Minnesota Cities and
includes an update of state legislative, administrative, and congressional actions that affect
cities. It also includes reviews of metropolitan area issues by the Association of Metropoli-
tan Municipalities. The Cities Bulletin lists authors of bill summaries and some articles by
their initials.
JoelJamnik--JJ Sarah Hackett --SH Ann Higgins --AH GaryCarlson--GC
League legislative staff members are available to answer your questions concern-
ing legislation relating to cities..
Executive Director Editors Typesetting and design
Jim Miller Jean Mehle Goad Gayle Brodt
Tim Busse Laurie Audene
I.rague of Minnesota Cities, 3490 Lexington Avenue North, St. Paul, MN 55126
Phone: (612) 490-5600; Fax: (612) 490-0072; TDD: (612) 490-9030; 1-800-925-1122, plus your city code.
Page 2
=.jaa
aPrinted on recycled paper
LMC Cities Bulletin
z�
LMCIT Board of 'Trustees reviews
benefit programs
Peter Tritz
To keep member cities better
informed on developments and issues
with LMCIT, we'll be publishing a
summary of the LMCIT Board of
Trustees meetings as a regular feature
of the Bulletin. When possible we'll
also include a summary of the trustees'
agenda for upcoming meetings.
LMCIT Board addresses
health and dental coverage
issues
The LMCIT Board's main business
for their May 18 meeting was the
annual renewal of the LMCIT health,
dental, and other employee benefit
programs. The board took several
significant actions affecting the LMCIT
plans for the coming year.
Rates
Rates for LMCIT's small -cities
health plan will continue with no
change for the coming year. Most
LMCIT larger city (i.e. over 25
employees) members will also see no
change in their health rates for the
coming year. The board also approved
a four percent increase in rates for
dental coverage for the coming year.
Even though the trend in health
care costs continues to run higher than
the general increase in the cost of
living, exceptionally good claims
experience in the current year made it
possible for the board to hold rates
down to little or no increase. There
have been very few large claims, and
the total claims costs have been well
below what was projected when the
board set rates a year ago.
The board also agreed to Minne-
sota Mutual's proposal fora small
increase in rates for the term life
overa,_e offered through Ll\1C1'1'. The
.bort term disahilitY coverage offered
Page 4
by Fortis through LMCIT will continue
with no change. The trustees also
decided to make available for the first
time a long-term disability coverage
option, also provided by Fortis.
New network options
The trustees decided to add a new
"preferred provider organization"
option for small cities. By enrolling
with either PreferredOne or Select
Care, small cities can reduce their
premiums by 10 percent compared to
rates for the standard benefit plans.
While the network option isn't avail-
able in all areas of the state, the trustees
concluded that it was nevertheless
worthwhile to make it possible for
LMCIT's members to benefit from the
PPO approach where it is available.
Administration and excess
insurance
The trustees voted to continue the
contracts for administrative services for
the health and dental programs with the
current providers: DCA, Willis
Corroon, MedTrac, and Celtic Life.
The board also renewed excess
coverage with Commercial Union, with
an increase in LMCIT's specific
retention level.
Other matters
The Board directed staff to
continue discussions with the LOGIS
group ab&iit the possibility of providing
an indemnity -type health coverage
option for the LOGIS member cities, to
complement the HMO options LOGIS
currently offers its members. The
board also continued its discussion of
how LMCIT should react to health
reform initiatives and how reform
initiatives might affect LMCIT. While
it's uncertain what LMCIT's long-term
role might be, the trustees' consensus
was that LMCIT should continue to
operate its benefit programs for cities
as long as it is feasible to do so and the
programs are serving a useful service
for cities.
LMCIT is looking for planning
committee volunteers
Lynda Woulfe
This summer, LMCIT will
begin the planning process for the
1995 Safety and Loss Control
Workshops. LMCIT is looking for
city officials to volunteer to serve
on a program planning committee.
The planning committee will
meet once, probably in late June or
early July, at the League offices.
We are looking for volunteers from
across all city departments--puhlic
works, park/recreation, police, tire,
administration, etc. Elected
officials are especially encouraged
to participate. We need your ideas
to help us shape the 1995 workshop
program.
Although LMCIT is not able to
reimburse you for your travelling
expenses, we will provide refresh-
ments and lunch. If you are
interested in serving on this
planning committee, please
contact Lynda Woulfe at the
League offices (612) 4911-56(x1.
LMC Cities Bulletin
11
MALHFA reviews legislative
session, announces meetings
Ann Iliggins
The Minnesota Association of
Local Housing Finance Agencies
(MALHFA) represents housing finance
issues and develops a legislative
agenda for action on related matters.
One issue MALHFA took action on
during the 1994 session was mortgage
credit certificates.
The final omnibus tax bill says that
cities issuing mortgage credit certifi-
cates will receive annual aid payments
of eight percent of the amount of
certificates they issue. The aid must go
to city HRAs to provide housing
assistance to people with incomes
below 80 percent of the area median
income. Mortgage credit certificates
are included in the annual volume cap
allocation of mortgage revenue bonds
in the state housing bond allocation
Pool.
MALHFA was also interested in
tax increment legislative issues;
eligibility for the Revenue Recapture
Act; ability of HRAs to certify their
levies once and to use negotiated bids
for; construction of certain facilities
containing housing and other uses;
redefinition of lead paint abatement; an
exemption from lead abatement rules
governing contractors until July 1,
1995; and an exemption for ceiling and
floor tire from rules of asbestos
removal.
The organization has set its
meetings for Mondays, July 18,
October 17, January 9, and April 4 at
1:30.
For further information call
Rebecca Yanisch at (612) 673-5192.
Some city elected officials qualify for early
retirement incentives
The governor has signed into law a
measure passed by the 1994 Minnesota
Legislature that allows employees of
public hospitals and certain elected
officials to take advantage of the early
retirement incentive (ERA) that was
offered to public employees last year.
For the purposes of this early retire-
ment incentive, eligible elected local
government official means only: an
elected city clerk, treasurer, or clerk -
treasurer; and certain elected township
and county officials.
These individuals were inadvert-
ently left out of the 1993 law. These
individuals may qualify for the 1994
ERI if they retire on or after April 30,
May 27, 1994
1994 but before July 15, 1994 and are
eligible to receive only those incentives
offered by the employing governmental
unit under the 1993 law to other
employees of that governmental unit.
The early retirement incentive
allowed employers to offer an im-
proved pension formula or employer -
paid health insurance to certain
employees aged 55 or older with 25
years of service.
For eligibility information or a
review of estimates of your pension
calculated under this legislation, please
contact PERA at (612) 296-7460 or
toll-free 1 (800) 652-9026.
Cities Week Advisory
Committee
Thursday, June 2, 1994
1:30 p.m. LMC office
Conference Room C
Chair: John Young, Jr., Mayor, Hawley
Leadership Institute Advisory
Committee
Thursday, June 2, 1994
1:00 p.m. LMC office
Board Room
Chair: Mary Anderson
LMC Board of Directors
Tuesday, June 7, 1994
1:30 - 3:30 p.m. Radisson Hotel
Wabasha Suite
President: Chuck Winkelman, Mayor,
St. Cloud
LMC Nominating Committee
Wednesday, June 8, 1994
10:15 a.m. St. Paul Civic Center
Room C-24
LMC Annual Meeting
Thursday, June 9, 1994
3:45 p.m. St. Paul Civic Center
Wilkins Ballroom, Forum A -B
President: Chuck Winkelman, Mayor,
St. Cloud
LMC Futures Committee
Friday, June 10, 1994
12:00 - 2:00 p.m. Radisson Hotel
Wabasha Room
Page 5
League board appoints leadership
advisory committee
The LMC Board of Directors has
appointed an advisory committee that
will be responsible for developing a
Leadership Institute for Elected
Officials. This action responds to the
needs and interests expressed by
elected officials for expanded training
opportunities.
Chaired by past LMC President
and former Golden Valley Mayor Mary
Anderson, the advisory committee will
hold its first meeting on Wednesday,
June 2, at 1:00 p.m. at the League
offices. The first meeting will include
an overview of leadership programs
offered by other state leagues and
discussion of the agenda for elected
officials' focus groups that will be
conducted at the Annual Conference.
Focus groups are one way to gain
information of training needs and
interests of elected officials.
Members of the Leadership Institute Advisory Committee are:
-Mary Anderson, Chair
• Dave DeNoyer, Mayor, Floodwood
-Dan Donahue, Manager, New Hope
-Gary Doty, Mayor, Duluth
• Mary Gover, Councilmember,
St. Peter
• Laurel Haake, City Clerk, Fisher
-Lyle Hanks, Mayor, St. Louis Park
-Jean Harris, Councilmember,
Eden Prairie
-Morris Lanning, Mayor, Moorhead
-Jim Mongoven, Councilmember,
East Grand Forks
*Ray Navarro, Councilmember,
Faribault
•LaNelle Olsen, Councilmember,
Northfield
-Laurie Rauenhorst, City Clerk,
Plymouth
-Ed Shukle, City Manager, Mound
-Marsha Soucheray, Councilmember,
Shoreview
-Carl Wyczawski, Mayor, New Ulm
-John Young, Mayor, Hawley
1994 Salary and Benefit surveys near
completion
Copies of the League's 1994 salary
and benefit surveys will be available in
June. All participating cities receive a
complimentary copy of the survey.
Surveys are conducted annually in
two volumes one for cities over 2,500
population and one for cities under
2,500 population.
This year's surveys include:
• Detailed salary information on
benchmark jobs.
• Information on benelils.
Page 6
• Various reports on union con
tracts, municipal services,
average wage increases, etc.
Additional copies are $20 for the
cities under 2,500 publication and $30
for the cities over 2,500 publication.
Tax and shipping charges are extra.
For more information or to order
contact: League of Minnesota Cities at
(612)490-5600 ort -800-925-1122
plus your city code.
Free recreation
access survey for
ADA compliance
The Minnesota State Council
on Disability is distributing its
outdoor recreation access survey
without charge. This survey will
help cities evaluate the accessibil-
ity of their recreation programs to
people with disabilities.
The federal government does
not have enforceable guidelines yet
for recreaOnal activities even
though the Americans with
Disabilities Act requires recre-
ational activities, like all city
services, to be accessible.
The survey was designed
using the overall ADA guidelines,
with the assistance of the Minne-
sota Department of Natural
Resources and the U.S. Forest
Service, and should be of great
benefit to cities until formal
regulations are in place.
For your free copy contact the
State Council on Disability at (612)
296-6785 or 1-800-945-8923
(voice and TDD).
LMC Cities Bulletin
Minnesota IFA to
participate in HUD
risk -sharing
program
The Minnesota Housing Finance
Agency is one of 33 housing finance
agencies selected to participate in the
Housing Finance Agency risk -sharing
program for insured affordable multi-
family project loans. The program's
purpose is to produce and preserve
affordable multi -family housing.
The risk -sharing program i;s an
innovative approach to the mortgage
insurance delivery system aimed at
increasing the supply of affordable
rental housing in this country. MHFA
will share with HUD in the risk of loss
on loans for multi -family mortgage
insurance.
As a partner in this program,
MHFA will originate, underwrite, and
close loans for projects requiring new
construction, substantial rehabilitation,
or acquisition and rehabilitation.
In addition, MHFA also will be
responsible for the full range of loan
management, servicing, and property
disposition activities. HUD's role in
the risk -sharing arrangement will be to
insure the loans for the full mortgage
insurance.
A maximum of 30,000 units will
be allocated to approved HFAs by a
formula primarily based on population.
MHFA initially has been allocated 510
units and currently is in the process of
accepting developments for mortgage
loan processing.
May 27, 1994
M. a
Media coverage complaints
topic of workshop
Gary Gilson
The News Council started holding
public hearings on complaints against
news outlets in 1971. Half the com-
plaints have been upheld, half denied.
The process is an alternative to
lawsuits. The News Council releases
its decisions to the news media, which
publish and broadcast them, leading to
a general public discussion of the
ethical question complaints raise.
The most prominent recent case
involved Minneapolis Police Chief
John Laux's complaint against KARE-
TV News. The station chartered a
plane and returned to Minneapolis from
Chicago a suspect in the murder of
Officer Jerry Haaf. Laux said the
station crossed an ethical line between
reporting news and making news when
it became a participant in the story. He
said the TV crew never told the pilot
who the passenger was, they didn't
know how to frisk a suspect for
weapons, and any number of things
could have gone wrong. The News
Council agreed, and as a result of
widespread news coverage of the
hearing, there was vigorous discussion
of the issues.
The News Council's goals are to
promote fairness by helping people
hold the media accountable, to help the
public and the media understand each
other, and to help the media avoid
lapses that lead to complaints.
The News Council is an indepen-
dent, nonprofit agency. The council
has 24 members, half media profes-
sionals, half lay persons, who serve one
or two three-year terms. Anyone can
become a member or nominate
someone else. The News Council
office is at 822 Marquette Ave., Suite
200, Minneapolis, MN 55402.
Editors note: Gilson is scheduled
to speak at a city communicators
breakfast during the LMC Annual
Conference. The communicators group
invites mayors, councilmembers, and
city staff to attend the breakfast and
hear Gilson speak. The breakfast will
be on Thursday, June 9 at the Radisson
Hotel, Wabasha Suite. Call Cheryl
Weiler, Golden Valley (612) 593-8000
to register. Cost is $10.
MPCA proposes update for
state superfund list
For the first time since passage of
Minnesota's Superfund law in 1983,
the Minnesota Pollution Control
Agency's (MPCA) update of the state
superfund list includes no new sites.
The proposed update would remove
five sites from the permanent list of
priorities (PLP). The PLP identifies
sites where hazardous substances pose
a potential or actual threat to public
health or the environment, and it is
used to allocate resources among sites
requiring investigation and cleanup
actions.
The MPCA seeks comments on
proposed changes to the list during a
30 -day comment period which began
May 2, 1994 and ends June 2, 1994.
Send written comments to Gary
Krueger, Ground Water and Solid
Waste Division, Minnesota Pollution
Control Agency, 520 Lafayette Road,
St. Paul, Minnesota 55155.
Page 7
Local government trust fund
Gary Carlson
Current $29.5 million shortfall
The state budget forecast last
November showed a significant
shortfall in the local government trust
fund (LGTF) by the end of the current
1994-95 biennium. Under the trust
fund statutes, local government aid
(LGA) and homestead and agricultural
credit aid (HACA) payments this
December would be automatically cut
to offset any shortfall in the Trust Fund.
Although the March forecast reported
that the shortfall had diminished to
$29.5 million from $44.3 million, cities
still faced cuts.
The League spent a substantial
amount of time this session trying to
find a compromise solution to the trust
fund shortfall. Although cities had
agreed to live with the volatility in
sales tax revenues, an analysis of the
history of the trust fund indicated that
the shortfall was actually the result of
legislative actions and not caused by a
reduction in sales tax revenues.
Despite provisions in both the
House and Senate tax bills that would
cover the current trust fund shortfall,
there was no guarantee that any final
tax compromise would become law.
During conference committee negotia-
tions, a gubernatorial veto of the tax
bill appeared very likely. The governor
had publicly stated that he would
oppose and veto any tax increases.
The focus of the governor's
concerns were several provisions to
conform Minnesota income tax law to
the federal law. As a result of federal
conformity, income taxes would
increase for several groups of Minneso-
tans, most notably higher -income
senior citizens.
Both the House and Senate tax
bills contained another provision that
would phase -down the sales tax on
replacement capital equipment as well
as clarify and expand the definition of
new and expansion capital equipment.
The position of the House and Senate
was that these provisions would
actually reduce taxes on another ;roup
of Minnesotans so that the overall
impact of the tax bill would be little, if
any, overall increase in taxes.
The final tax bill (H.F.3209,
Chapter 587) contains a provision that
will cover any shortfall in the LGTF as
long as the shortfall does not exceed
two percent of the estimated biennial
trust fund revenues, or approximately
$36 million for the 1994-95 biennium.
If the upcoming November state
revenue forecast projects a trust fund
shortfall larger than the two percent
threshold, automatic cuts in LGA and
HACA will cover the excess shortfall.
The March forecast indicated that
the trust fund shortfall would be $29.5
,�• CIL
million, which is well within the two
percent threshold. However, recent
weakness in actual sales tax collections
could mean that the November shortfall
estimate could be higher.
Local government trust fund
repeal
One of the most controversial
provisions in the final tax bill was the
repeal the local government trust fund.
The House and the Senate had very
different reactions to the repeal. In the
Senate, there was relatively little
controversy about the provision when it
was added to the,original version of
their omnibus tax bill. However,
during the conference committee
negotiations, it became apparent that
many House members were extremely
uneasy about the repeal.
Every major city and county
organization testified before the
conference committee that they would
not oppose the repeal of the trust fund
as long as a more certain and stable
replacement was enacted. Despite
these assurances,, many House mem-
bers still opposed the repeal. The trust
fund issue contributed to the temporary
break down in the conference commit-
tee negotiations.
After nearly two weeks of confer-
ence committee meetings, the House
and the Senate reached an agreement.
1994 Legislative changes to LGA: percent of LGA distributed by the formula..
Page 8 LMC Cities Bulletin
Percent of
Total
Increase (inmillions)
Dollars
total LGA
Year
appropriation
distributed by
distributed by
(in milllions)
formula
the formula
1993
321.4
N/A
N/A
N/A
1994
330.2
8.8
8.8
2.7
1995
336.8
6.6
15.4
4.6
Page 8 LMC Cities Bulletin
Most importantly for cities, the
agreement appeared to suit the de-
mands of the governor and it appeared
likely that he would sign the final
compromise. In the final agreement,
the conferees decided to maintain the
trust fund for the first year of the next
biennium. The trust fund will officially
sunset on July 1, 1996. All programs
currently funded by the trust fund will
be transferred back to the general fund
at that time. In place of the trust fund,
the Legislature established an new
inflationary increase for LGA and
several county aid programs.
LGA formula changes
The omnibus tax bill increased the
city LGA appropriation by two percent,
or approximately $6.6 million for the
1995 aid distribution. The LGA
formula enacted by the 1993 Legisla-
ture will be used as the basis for future
LGA distributions, with several new
modifications.
The formula will no longer phase-
out the LGA grandfather but will
instead establish the sum of 1993 LGA,
equalization aid, and disparity reduc-
tion aid as the minimum distribution
for each city for 1995 and future years.
All appropriation increases since 1993
and any future increases in LGA will
be distributed through the LGA
formula.
The table on page 8 shows the
increases in city LGA in 1994 and
1995 and the percent of the total
appropriation distributed by the
formula.
Note: - 1993 LGA includes
equalization aid and city disparity
reduction aid. These two programs
were folded into LGA beginning in
1994.
Additional formula changes will
limit the cities of Minneapolis, St. Paul,
and Duluth to increases at the rate of
the appropriation increase, or two
percent for the 1995 distribution. A
special provision affecting an estimated
18 smaller cities will target additional
LGA to cities that transferred substan-
tial general fund revenues to sewer and
water enterprise funds in 1992 or 1993.
New LGA index
As a replacement for the repealed
local government trust fund, the
omnibus tax bill (Chapter 587) estab-
lishes a new inflation adjustment index
for local government aid beginning
.=.
with the 1996 distribution. The index
used for the adjustment is the implicit
price deflator (IPD) for state and local
government purchases of goods and
services for the year prior to the aid
distribution. The table below provides
the IPD estimates prepared by the
state's economic forecast consultant,
Data Resources, Incorporated for
several recent years and the projections
for the first two years of aid distribu-
tions that will be adjusted by the 1PD.
The actual index will be based on the
IPD prepared by the Bureau of Eco-
nomic Analysis of the U.S. Department
of Commerce for the period ending
March 31 of the previous year.
This inflator will be used to adjust
LGA for cities and townships as well as
community social services aid (CSSA),
and county criminal justice aid (CCJA).
(HACA) is not included in the auto-
matic inflation calculation.
Under the,new law, the implicit
price deflator adjustment for LGA
cannot be less than 2.5 percent nor
more than 5.0 percent. Under the
current projections, 1996 LGA will
increase by an estimated 2.8 percent, or
approximately $9.5 million.
Estimates of implicit price deflator for state and local
government purchases of goods and services
12 -month period
ending March 31
Aid year
Index
Percent change
1993
N/A
121.5
1.3
1994
N/A
123.6
1.7
1995
1996
127
2.8
1996
1997
130.4
2.7
May 27, 1994 - page 9
Iraining, awards
Training
Exploring the Boundaries of
Government Finance
Government Finance Officers Ass'n
June 5-8—Minneapolis
(312) 977-9700
League of Minnesota Cities
Annual Conference
League of Minnesota Cities
June 7-10—St. Paul
(612) 490-5600
1994 Campaign Finance
Regional Meetings
State Ethical Practices Board
June 7 --St. Paul, Centennial, 3:00 pm
June 11 --St. Paul
State Capitol, 9:30 am
August 8 --St. Paul
Centennial Bldg, 1:00 pm
August 9 --Redwood Falls
County Courthouse, 4:00 pm
August 10 --Mankato
County Courthouse, 2:00 pm
August 1I --Rochester, Olmsted County
Courthouse, 10:00 am, 4:00 pm
August 16 --St. Cloud
County Admin. Center, 2:00 pin
August 17 --Alexandria
County Courthouse, 10 :00am
August 18 --City Fire Hall,
9:00 am, 4:00 pm
August 22 --St. Paul, Centennial Office
Building, 9:00 am
August 23 --St. Paul
State Capitol, 4:30 pm
August 27 --St. Paul
State Capitol, 9:30 am
(612)296-7351 ort -800-657-3889
Election Conferences for City Clerks
Secretary of State
June 7 --St. Paul Technical College,
June 13 --Marshall, Southwest State U
June 16 --Mankato. Best Western
Garden Inn
Jtinc 21 I lihhing, hahicr 1';trk Ilotrl
.lune 23- SI. (Imid Slate University
June 29--M(x)head State University
All are at 10:00 am except Marshall
which is at 1:00 pm.
Renee Coffey (612) 296-2805
Page 10
Springsted training
scholarship available
to local officials
The League of Minnesota
Cities encourages local officials to
apply for the Springsted training
scholarship which provides funds
to local government officials to
cover the cost of training that will
help them in their positions.
For information call Sharon
Klumpp at (612) 490-5600.0
Environmental Programs
International City/County Management
Association
June 14—Chicago, IL
July 21 and 22—Kansas City, KS
September 8—San Francisco, CA
Barbara Schwartz: (202) 962-3539
Effective Facilitation Seminar
Minnesota Office of Dispute
Resolution
June 21-23
Roger Williams: (612) 296-2633
TDD Metro: (612) 297-5353
TDD Non -metro: 1-800-627-3529
Wind Load and Flood -resistant
Provisions of the
Uniform Building Code
International Conference of Building
Officials
June 27 --Duluth
June 28-- Minneapolis
(310) 699-0541, ext. 244
Advanced Government Finance
Institute
Government Finance Officers
Association
July 17-22—Madison, WI
(202) 429-2750
Clerks and finance officers group
announces new publications, programs
Video
The Minnesota Clerks and Finance Officers Association has produced a
video, which will be available in June, showing a complete election day
process from the opening of the polls to final vote tabulation. The video
illustrates typical voter problems as well as voters who go through balloting
without difficulty; vote tabulator error messages and solutions for the Optech
III -P; and routine election judge procedures and responsibilities. The cost of
the video will be under $50. Price will depend on interest.
Manual
The Election Administration Procedural Manual is being prepared
which will cover everything you always wanted to know about elections but
were afraid to ask. Cost for the manual is $10.
For a copy of the video or the manual call: Joyce Mercil, Director of
Elections, Minneapolis, Phone: (612) 673-2073, Fax: (612) 673-3399
Mentoring program
MCI -OA is also starting a mentoring progr:un for new Clerks. The
"Adopt a Clerk" progr:un will help new clerks learn ahoure
t their slxutsihili
tics. M('I-'OA is seeking new and veteran city clerks who would like to
participate in the program. Call Glenys Ehlert at Pelican Rapids City Hall if
you have questions: (218) 863-6571.
LMC Cities Bulletin
0
f:
4...
Legislative session a success for cities
For a "short" session, the 1994
session resulted in the improvement of
u•vcral city laws and proprams and Ibe
plevcnlion of Ihc t•nachnent of some
proposals contrary to city interests.
At the annual policy adoption
conference last November, the League
membership established "top priority"
issues for this session of the
Legislature. By focusing on these
issues, cities achieved substantial
improvements in a number of areas.
These top priorities receiving
legislative action were:
State aid to cities and the local
government trust fund: The goals
were to stabilize the funding source for
aid to cities (local government aid and
homestead and agricultural credit aid),
resolve the shortfall in the local
government trust fund so there would
be no cuts in 1994 aids, and obtain aid
increases in 1995 and 1996 even
though the law provided for no aid
increases and the trust fund shortfall
was expected to worsen in future
years. The omnibus tax law provides
for no reduction in LGA for 1994.
LGA will increase two percent in 1995
and in future years LGA will be
indexed.
Data practices and open
meetings: Established an attorney fee
cap at $13,000. There will be no fees
or fines unless specific intent to violate
the law is shown.
Landfill cleanup: Established
separate clean up programs for
landfills, limited third -party lawsuits,
and provided for substantial
rcimhurscntctN payments for past
response actions, Illus saving cities
millions of dollars.
Public employment labor
relations act: Required study of
arbitration by legislative commission
on employee relations. No substantive
changes enacted.
Tax increment financing:
Prevented harsh new penalties.
Contamination clean up grants:
Increased by $1.5 million.
Annexation: Prevented repeal of
1992 amendments and made several
positive additions to current annexation
statutes.
Additional major enactments
of benefit to cities include the
following:
Uniform election day: Maintained
flexibility for cities to hold local
elections in even- or odd -numbered
years.
Elections: Expanded authority for
cities to combine polling places,
reduced the costs of conducting
elections, and continued to permit
precinct boundary changes until June 1,
2000, prior to legislative redistricting.
Wetland: Modified the wetland
conservation act to exempt some public
road projects, eliminated $75 fee
limitation, and made other
improvements.
Small city audit: Reduced
frequency.
_'ca,
Board of innovation and
cooperation: Obtained funding for
1995 of $2.2 million to be taken out of
lite general fund.
Several bad ideas were not
enacted:
Truth in taxation: Prevented
passage of additional confusing
requirements.
Levy limits: Defeated
reimposition of levy limits.
Term limits: Prevented term limit
proposals from including city elected
officials and succeeded in opposing
constitutional amendment.
Telecommunications: Prevented
giving phone companies freedom from
state regulation when offering new
voice, video, and data services on the
information superhighway.
The complete summary of new
laws contains brief descriptions of all
laws affecting cities as well as
descriptions of laws which did not pass.
The new intergovernmental policy
development process recently adopted
by the League's Board of Directors is
intended to both increase membership
involvement in the legislative and
congressional processes and to focus
the League's efforts on solutions to
major problems confronting cities. Our
continual improvement in our efforts to
serve the interest of city government in
all areas of intergovernmental relations
is part of the revitalization of the
League to serve all of its members.
League of Minnesota Cities staff working with legislative issues
Jim Miller, Executive Director
Duke Addicks, Director of Intergovern-
mental Relations (IGR)
Gary Carlson, Senior IGR Representative
General revenue sources for cities
Local government trust fund
Aid to cities
Property tax system
May 27, 1994
Sarah Hackett, IGR Representative
Transportation
Fiscal administration of cities
Economic development/redevelopment
Government innovation and cooperation
Ann Higgins, IGR Representative
Telecommunications
Housing
Elections and ethics
Utility service districts
Joel Jamnik, Senior IGR Representative
Growth management and land use
Environmental protection
Personnel and labor relations
Public safety
General municipal governance
Stan Peskar, General Counsel
Pensions
- LS -1
1994 law summaries
The 1994 summary of new laws includes those laws that
affect city operations. Although we have attempted to be com-
prehensive, there may be other laws passed affecting cities that
are not summarized here. We list the bills under general topic
areas ranging from courts and crime to transportation, and by
chapter number under the topic area.
Special legislation includes bills that are specific to one city.
Annexation and
growth management
Annexation law amendments
Chapter 511 (H.F.228) amends the
state's laws relating to annexation.
Section 1 of the law allows
population figures for cities and towns
to be adjusted as a result of annexations
where there has been no board hearing.
Currently, population changes are only
authorized following board hearings,
and not authorized in annexations by
ordinance.
Section 2 authorizes the Municipal
Board to make requests for information
from other agencies and requires
agency cooperation.
Section 3 requires property owners
or municipalities that petition for
orderly annexation to notify the
township 60 days prior to filing any
petition, and clarifies that utility service
cost estimates which must be provided
by the city to the property -owner
petitioners only pertain to electric
utility service, not water, sewer, or
other utilities.
Section 4 limits annexations by
ordinance of 60 acres or less of land
upon property -owner petition to those
areas not presently served by public
sewer facilities or where public sewer
facilities are not otherwise available. It
also authorizes annexations by ordi-
nance of any areas (no acreage limit)
within two miles of the city limits if the
land is granted preliminary or final plat
approval after August 1, 1995, and the
subdivision creates residential lots that
average 21,780 square feet or less.
Section 5 specifies that the action
of a city to annex certain property by
ordinance "does not otherwise affect
the other terms and conditions of
existing orderly annexation agree-
ments...."
Section 6 requires that prior to all
annexations by ordinance (except those
involving municipally owned prop-
erty), the city must hold a public
hearing preceded by 30 days written
notice, by certified mail, to all towns
affected by the proposed ordinance and
to all landowners within and contigu-
ous to the area to be annexed.
Section 7 requires that when a city
annexes land by ordinance within the
"60 acres or less/no sewer property -
owner petition" section or the "orderly
annexation area/property-owner
petition" section, the city must adopt or
amend its land use controls to conform
_a�' ate"
to minimum state regulations if the
land is within shoreland or floodplain
areas.
Section 8 specifies that in most
non -city owned property annexations
that are accomplished by ordinance (in
contrast to municipal board hearings),
the property taxes payable on the
annexed land will continue to be paid
to the affected town or towns for the
year in which the annexations become
effective, and thereafter all taxes are
paid by the property owner to the city.
However, the qity must, in the year
following the annexation, and in the
next five years, pay to the town(s) a
cash payment equal to 90 percent of the
taxes paid by the property in the year
the land was annexed, then 70 percent,
50 percent, 30 percent, and finally 10
percent in year five. The city and
township may agree to a different
payment.
Section 9 modifies the property -
owner petition process for concurrent
detachment and annexations to require
that the petitioners submit to the board
a resolution of the city council of at
least one of the affected cities.
Section 10 requires all Municipal
Board orders to be issued within one
year (currently two years) from the day
of the first board hearing on the matter.
Section I 1 requires all board
proceedings to be heard no later than
60 days (currently 120) from receipt by
the board of necessary documents.
Section 12 requires the Municipal
Board to file its orders with the affected
county auditor and requires the county
auditor to record the orders against the
affected property.
Section 13 requires the state Office
of Strategic and Long -Range Planning
to establish criteria for defining the
terms "urban or suburban in character"
and "rural residential." These terms are
used in the state's annexation laws to
describe property which is most
appropriately governed by cities or
towns. The agency must report the
criteria to the Legislature by February
1, 1995.
LS -2 LMC Cities Bulletin
1994 law summaries continued
Section 14 specifies that all
sections, except section 4 become
effective August I, 1994, and apply to
"If flex "Iions initialed on or after that
dale. Section 4 takes effect August I,
1995. JJ
Development
See also Housing; and
TIF provisions in the tax bill
under Finance and Taxes
Asbestos eligible for
contamination cleanup grants
Chapter 587 (H.F.3209) allows
asbestos contamination to be eligible
for contamination cleanup grants
provided there is a proactive in-place
management program. Effective May
5, 1994. SH
Enterprise zone program
Chapter 587 (H.F.3209) creates a
state enterprise zone program to
provide income tax credits to
encourage job growth. The credits are
limited to $5,000 per employee who is
employed at a wage of 170 percent of
the federal minimum wage (currently
$7.22 per hour). A rural job credit
program is created for employers
outside the metro area. Of the general
fund appropriation of $900,000 for
fiscal year 1997, $300,000 will be
allocated for Minneapolis, $300,000
for St. Paul, $60,000 for South St. Paul,
with the remaining $240,000 available
May 27, 1994
to other cities on a competitive basis.
Effective May 5, 1994 SH
Contamination cleanup grants
Chapter 643 (H.E218) provides
$1.5 million in state bonding for the
contamination cleanup grant program
created by the 1993 Legislature.
During the 1992 session, the
Legislature appropriated $2 million.
SH
TIF bonds and changes to the
school aid program
Chapter 647 (H.E2189) provides
some protection for tax increment
districts in anticipation of the sunset of
the current school aid and levy system
June 30, 1999. Cities are authorized to
make TIF revenue bonds "protected
bonds" and to levy to make up for lost
school district levies. For general
obligation bonds, despite the repeal of
the school funding system, cities will
be able to estimate the expected
increment from the project. Effective
May 10, 1994. SH
Combined polling places,
precinct boundaries
Chapter 607 (S.F.2297) allows
certain cities and towns to establish a
combined polling place. School
district elections must be conducted in
z44MAW
precincts established by cities. Cities
may make changes in precinct
boundaries until January I, 2(1(X).
Precincts must include only one
congressional district. Boundary
changes must be made by June 1 in a
state general election year and must be
adopted at least 90 days before the state
primary. Effective August 1. AH
Codification of legislative
district boundaries
Chapter 612 (S.F.2197) codifies
1992 legislative district boundaries as
redistricted following the 1992 U.S.
Census. Effective August 1. AH
Uniform local elections
Chapter 646 (S.F.1512) requires
statutory and home rule charter cities
(as well as school districts and special
election districts) to hold primary,
general, and special elections on certain
dates and prescribes uniform filing,
publication, posting, and voting hours
as well as a transition schedule for
changing election dates.
City and school district primary
elections must be held on the first
Tuesday after the second Monday in
September; general elections on the
first Tuesday after the first Monday in
November of even- or odd -numbered
years, effective January I, 1998.
Special elections on ballot questions do
not change.
Cities which decide to move local
elections to even -numbered years prior
to January 1, 1995, must follow a
transition schedule to select by lot
officials whose terms will expire in
three and five years. After that date,
cities changing the date of elections to
even -numbered years may adopt a plan
to have half the councilmembers' terms
expire in three years, half in five years.
Other provisions establishing the
date of local elections, publicalion and
posting, and voting hours, including
those for special election districts, are
effective August I. AH
LS -3
1994 law summaries continued
Environment
See also contamination
cleanup under Development
Special assessments for
littering violations
Chapter 412 (H.F.1186) authorizes
cities to enforce antilitter and other
solid waste disposal laws and ordi-
nances by seeking civil penalties and
damages from persons responsible for
the unauthorized deposit of solid waste.
If the civil tines are unpaid, they may
be imposed as liens on property and
collected as special assessments.
Effective August 1, 1994. JJ
Indemnification for
environmentally inferior
waste disposal
Chapter 548 (H.F.2010) requires
persons (including cities which haul
directly or through organized collection
or other method) that arrange for solid
waste management and disposal in an
environmentally inferior manner to
indemnify generators of that waste.
The use of landfills, and other disposal
facilities, which are deemed inferior to
the county-sclected method of manage-
ment, require establishment of a trust
fund to pay for response actions at the
facility. Landfills that meet EPA
Subtitle D rules (liners and leachate
monitoring and collection systems)
must pay $4.60 per ton into a trust
account while older landfills that do not
meet the EPA rules must pay $21.25
per ton. Effective February 1, 1995 or
LS -4
when the PCA adopts rules, whichever
is sooner. JJ
Groundwater protection
and the legislative water
commission
Chapter 557 (H.F2485) provides
for the duties of the Legislative Water
Commission, and adopts a groundwater
protection policy for the state, includ-
ing assigning responsibility among
various agencies. Two Department of
Health drinking water provisions which
relate to establishing contaminant
limits, are effective day after enact-
ment, all other sections are effective
August 1, 1994. JJ
Waste management act
amendments
Chapter 585 (S.F.1788) makes
many amendments to the state's solid
waste statutes, including banning
mercury switches in athletic shoes.
The amendments should not signifi-
cantly impact city government
operations.
One section of the bill states that it
is the goal of the state that items be
distributed without any packaging
where feasible, and the minimal
amount possible.
Another section allows an exemp-
tion from the mandate that solid waste
charges vary based on weight or
volume which is believed to only apply
to Minneapolis, although other cities
may be included.
A pilot project authorizing state
field citations for improper waste
disposal was made permanent and
should benefit cities that have experi-
enced a problem with illegal dumping.
The law also establishes a conversion
rate that 3.33 cubic yards equals one
ton for statutory and rule purposes.
The law has various effective dates,
some immediate, one retroactive to
July 1, 1980 (the latter to increase the
potential constitutionality of waste
designation ordinances). JJ
Regulating individual septic
tank systems
Chapter 617 (H.E2158) specifies
that if a local government (city, town,
or county) has an ordinance regulating
individual septic tank systems (ISTSs),
that ordinance must be at least as
restrictive as the state regulations. The
law also requires state licensing of
sewage treatment installers and
inspectors, with an exemption for local
government inspectors. The law
requires property owners to certify the
condition of their system upon transfer
of the property, and appropriates
$120,000 to the Minnesota Pollution
Control Agency for administration of
the law. All provisions other than the
appropriation section effective May 11,
1994. JJ
Wetland conservation act
amendments
Chapter 627 (H.F3179) makes
several modifications to the wetlands
law, including the following: allows
local governments to establish alternate
regulatory systems that differ from the
wetlands conservation act but equally
protect wetlands if approved by the
Board of Water and Soil Resources;
clarifies the applicability of the act to
the state of Minnesota and all its
agencies; modifies exemption regard-
ing road construction and maintenance;
eliminates the $75 maximum fee for
local government unit (LGU) review of
replacement plans; eliminates effective
May 11, 1994, LGU notice require-
ments for projects which have wetland
impacts of less than 10,(XX) square feet;
and expands permanent wetlands
preserve eligibility and modifies
compensation for denial of wetland
replacement plans effective July 1,
1994. Effective August 1, 1994, except
as noted. JJ
Landfill cleanup program
Chapter 639 (H.F3086) establishes
a landfill environmental cleanup
LMC Cities Bulletin
1994 law summaries continued
program; limits owner, operator, and
third party liability under state
superfund laws; allows for state
acquisition of closed landfills; allows
for acquiring insurance proceeds in
exchange for accepting cleanup
responsibility; and provides financing
for cleaning up closed landfills through
the issuance of $90 million in state
bonds over the next 10 years and an
increase in the state's solid waste
generator fee from the current level of
12 cents per noncompacted cubic yard
per collection to 60 cents per cubic
yard effective January I, 1995. The
law does not increase the $2 per year
assessment for residential customers.
The law also renames the Office of
Waste Management as the Office of
Environmental' Assistance within the
Pollution Control Agency, and transfers
Metropolitan Council solid waste staff
to the office. Finally, the law requires
the preparation of a modified environ-
mental assessment worksheet prior to
the construction of a large metal
shredding facility (called a Kondirator)
along the Mississippi River in Minne-
apolis. Various effective dates. Most
landfill cleanup provisions took effect
May 11, 1994. JJ
Finance and taxes
Property tax targeting
program
Chapter 383 (S.F.1709) uncaps the
appropriation for the property tax
targeting program for 1994 refunds.
Under current law, the targeting
program was limited to a total
appropriation of $5.5 million for FY
1995.
May 27, 1994
To bring the total cost of the
program within this cap, the
Department of Revenue adjusted the
tax increase threshold to $300 from the
$100 threshold that had been in effect.
As a result of this change, an applicant
whose property taxes increased by at
least the $100 and who had a property
tax increase in excess of 12 percent
will now qualify for the targeting
refund.
The law requires county officials
to give the state information on
homeowners who are potentially
eligible to receive a refund as a result
of this change. The law is effective the
day after the final enactment. GC
Status of a city for tax
purposes
Chapter 416 (S.R2073) is a
Department of Revenue tax technical
corrections bill that clarifies and
codifies department practices in
administering state tax laws.
The law establishes the status of a
city or town on June 30 as the basis for
the calculation and distribution of aid
in the subsequent year. Any municipal
incorporation, consolidation,
annexation, detachment, dissolution, or
township organization that has an
effective date on or before June 30 will
be considered in the aid calculations for
distribution in the following year.
This date gives the department
sufficient time to make the necessary
calculations and complete aid
certifications by the August I deadline
for local government aid (LGA) and
the September I deadline for
homestead and agricultural credit aids
(HACA). Any such change in the
status of a city or township that occurs
after June 30 will not be considered
until the aid calculations are made for
the following year. GC
Audit requirements for small
cities and towns
Chapter 546 (S.F.1712) requires
cities and towns with a combined office
of clerk and treasurer, and with annual
revenue of $100,000 or less, to have an
audit performed once every five years.
The audit may be conducted by either
the state auditor's staff or by a public
accountant. Currently these cities and
towns must have annual audits.
Effective August I, 1994. SH
Omnibus tax bill
Chapter 587 (H.F.3209)
Local government trust fund
The new tax law will cover any
shortfall in the local government trust
fund as long as the shortfall does not
exceed two percent of the estimated
biennial trust fund revenues, or
approximately $36 million for the
1994-95 biennium. If the November
state revenue forecast projects a trust
fund shortfall larger than the two
percent threshold, automatic cuts in
LGA and HACA would cover the
excess shortfall. The March forecast
indicated that the trust fund shortfall
would be $29.5 million, which is well
within the two percent threshold.
However, recent weakness in actual
sales tax collections may indicate that
the November shortfall estimate could
be higher.
In the final agreement, legislators
maintained the trust fund for the first
year of the next biennium. The trust
fund will officially sunset on July 1,
1996. All programs currently funded
by the trust fund will be transferred
back to the general fund at that time.
In place of the trust fund, the
Legislature established an new
inflationary increase for LGA and
several county aid programs. GC
Local government aid
The LGA appropriation will
increase by two percent, or
approximately $6.6 million for the
1995 aid distribution. The 1995 LGA
formula will include several
modifications to the legislation enacted
last year. The formula will no longer
phaseout the LGA grandfather but will
instead establish the sum of 1993 LGA,
LS -5
1994 law summaries continued
equalization aid, and disparity
reduction aid as the minimum
distribution for each city for 1995 and
future years. All appropriation
increases since 1993 and any future
increases in LGA will be distributed
through the LGA formula.
Additional formula changes will
limit the cities of Minneapolis, St. Paul,
and Duluth to increases at the rate of
the appropriation increase, or two
percent for the 1995 distribution. A
special provision targets additional
LGA to cities that transferred
substantial general fund revenues to
their sewer and water enterprise funds,
affecting an estimated 18 smaller cities.
In place of the local government
trust fund, a new index will be
implemented beginning with the 1996
aid distribution. The new index is
based on the implicit price deflator for
state and local government purchases
of goods and services. The index
cannot be less than 2.5 percent nor
greater than 5.0 percent per year. The
bill did not include homestead and
agricultural credit aid (HACA) in this
adjustment. GC
Property tax system
Limited market value
The limited market value
provisions that the Legislature enacted
last year will be phased -out in 1997
which is one year earlier than under the
1993 law. Limited market value
provisions limit property valuation
increases to 10 percent or one-third of
the increase, whichever is greater. The
provision continues to apply to
residential homestead and
nonhomestead, agricultural and cabin
properties and the cap does not cover
increases due to new improvements.
GC
"This Old House"
The law modifies the eligibility
requirements for the "this old house"
property tax valuation exclusion. In
addition to the 35 -year house age
LS -6
requirements of the original law,
houses generally must have a market
value which does not exceed $150,000.
Houses with a market value greater
than $150,000 but less than $300,000
can qualify for the exclusion if the
house is located in a city or town in
which more than one-half of the homes
in 1990 were built before 1960, and
the 1990 median family income is less
than the 1990 statewide median family
income. These restrictions are effective
July 1, 1994 and thereafter.
Applications by the homeowner
for the valuation exclusion are
mandatory beginning July 1, 1994.
Prior to the new law, applications were
a county option. The application may
be filed after the building permit is
applied for as long as it is filed before
the next assessment. The bill contains
other minor clarifications that affect the
"this old house" law. GC
Property valuation petitions
The law changes the date for filing
property tax petitions to March 31.
Under current law, the taxpayer must
file a petition by May 15 of the
following taxes payable year. GC
Study of property taxation by
square footage
The law requires the Department
of Revenue to conduct a study on the
feasibility of basing property taxation
on a square footage rather than the
current system of basing property
taxation on the estimated market value
of a property. The study will use
Hennepin and Blue Earth counties for
the study. GC
Study of homestead property tax relief
The law requires the Department
of Revenue to analyze the methods of
providing property tax relief to
homeowners including the possibility
of providing the targeting and the
circuit breaker property tax relief
directly to the taxpayer on the property
tax statement. GC
Zio
Sales tax changes
Sales tax on new and replacement
capital equipment
The modifications to the sales tax
on new and replacement capital
equipment were some of the most
controversial provisions of the tax bill.
The law clarifies and expands the
definition of capital equipment for
purposes of the current sales tax
exemption. The sales tax rate for
replacement capital equipment will be
phased -down over the next four years
under thetfollowing schedule.
Phase -Down of Sales Tax Rates on
Replacement Capital Equipment
Effective Date
Sales Tax Rate
July 1, 1994
5.5%
July 1, 1995
4.5%
July 1, 1996
3.8%
July 1, 1997
2.9%
July 1, 1998
2.0%
Capital equipment includes
machinery and equipment used to
produce a product for retail sales. This
sales tax reduction is most likely to
benefit purchases of equipment for
municipal utilities. The reduction will
cease on July 1, 2001 if at least 4,500
new manufacturing jobs are not
created. SH
Firefighter protective equipment
Beginning July 1, 1994, personal
protective equipment for firefighters
will be exempt from the sales tax. This
includes helmets, bunker coats and
pants, boots, gloves, hoods, self-
contained breathing apparatus, and
other equipment required by
Occupational Safety and Health
Administration (OSHA). SH
Repeal of the local option sales tax
In conjunction with the repeal of
the local government trust fund, the
law repeals the local option sales tax
and incorporates the one-half cent into
the overall state sales tax. The law also
LMC Cities Bulletin
3
1994 law summaries continued 1110111
incorporates the one-half cent into
other state sales taxes, including
alcohol and farm machinery. The law
eliminates the local option sales tax and
the procedures for its passage and
repeal on July I, 1996. SH
Coordination of state and
local sales taxes
The administrative problems of
coordinating local option sales taxes
and the state sales tax will be corrected
by this law. The Department of
Revenue will now be able to coordinate
all applicable sales taxes that apply
within a jurisdiction. (Currently, each
tax is rounded to the next full cent
before adding the next tax rate,
resulting in a higher overall tax rate.)
Effective August 1, 1994. SH
MVET changed to sales tax
Chapter 587 (H.F.3209) changes
the motor vehicle excise tax to the
"sales tax on motor vehicles" wherever
it appears in law. SH
Miscellaneous provisions
Board of government innovation
and cooperation
The Board of Government
Innovation and Cooperation, created by
the 1993 Legislature, will have an
additional $2.2 million from the state
general fund to distribute for service
sharing, cooperation planning, and
consolidation grants during the next
year. The rules and procedures the
board has used have been incorporated
into the statute. The law creates a
standardized scoring system. The
maximum amount of service sharing
grants is raised to $100,000 (currently
$50,000). The board will also continue
to review and grant waivers to state
laws and rules. SH
Budgeting reform
Along with several changes in
gubernatorial and legislative budget
estimates, the law will require the
commissioner of revenue to forecast
local government revenues. The
May 27, 1994
commissioner must estimate the
property taxes, state and federal aid
distributions, local sales taxes, and a
category of all other revenue for cities
and towns over 2,5W. These same
estimates will be prepared separately
for school districts and for counties.
These estimates will be part of the
information provided to the governor
and Legislature to assist them in
preparing their budget resolutions.
These biennial budget resolutions,
prepared during odd -numbered years,
must include revenue targets for the
division of the share of revenue
collected between the state and local
governments, and the appropriate mix
of taxes, including the level of property
taxes.
These budgeting reform efforts
also affect the truth in taxation process.
Beginning this fall (for notices on pay
1995 taxes), the estimated percentage
increase in Minnesota personal income
will be included on the proposed tax
notice that is prepared by the county.
This new information will allow
taxpayers to compare the proposed
changes in their individual property
taxes with an average change in
personal income in the state. SH
Mortgage credit certificate aid
Cities that issue mortgage credit
certificates will receive an annual aid
payment of eight percent of the amount
of the credits issued. This mortgage
credit certificate aid must be given to
the city's housing authority and used to
provide housing assistance for people
with incomes below 80 percent of the
area median income. SH
Rental tax equity pilot project
St. Paul is authorized to conduct a
one-year project to reduce property
taxes on rental property in order to
encourage maintenance and repair. The
law allows the city to charge fees to
landlords for evaluation of property,
provides a property tax credit to reduce
the property's tax to that of a single
family homesteaded residence, and
appropriates $1 million. A report is
due to the Legislature by January 15,
1995. SH
Local laws in the tax bill
Many new, harsh penalties and
restrictions on tax increment financing
(TIF) were proposed this year.
Although they would have had an
unequal effect across the state, they
were opposed because of the
precedents they set for future
restrictions on TIF. In order to prevent
these new penalties, efforts to have the
LGA/HACA penalties removed from
many districts were sacrificed.
Tax increment financing
• Lake Crystal: Extension of a TIF
housing district.
• South St. Paul: Extension of a TIF
redevelopment district.
• Dawson: Extension of a TIF
economic development district.
• Red Wing: Extension of two TIF
districts.
• Fergus Falls: Exemption from state
aid penalty for a new TIF economic
development district, 10 percent
local match,,.county approval.
• Park Rapids: Exemption from state
aid penalty for a new TIF economic
development district, five percent
local match.
• Brooklyn Center: Exemption from
state aid penalty for TIF
redevelopment district, 15 percent
of increment to housing
development account.
• Brooklyn Park: Exemption from
state aid penalty for a TIF economic
development district, 1.5 percent of
increment to housing development
account.
• Minneapolis: Seward South,
expansion of allowable TIF
purposes for a new economic
development district, county
approval required.
• Minneapolis: North Washington
industrial park, exemption from
state aid penalty for a new
hazardous substance subdistrict.
LS -7
1994 law summaries continued
Other development tools
• Eagan: Special service district.
• Gaylord: Special service district.
• Hopkins: Special service district to
create a housing improvement area.
• Mankato: Port authority powers.
• Two Harbors: One percent local
lodging tax for preservation and
display of the tugboat Edna G.
• Nashwauk: Area ambulance service
district.
• Benton County: EDA authority.
• Ramsey County: HRA authority
extended.
• Koochiching County: Rural
development finance authority.
General government
Ban on gifts to local and state
officials
Chapter 377 (H.F.1863) prohibits
gifts to public officials. Originally, and
as passed by the House, the proposal
only applied to the state, and metro-
politan governments (including cities)
that had populations greater than
50,000. When the Senate took up the
bill it added all cities and counties, by
layering a new section onto the bill.
Consequently, metropolitan cities over
50,000 are governed by two separate
but similar sections of the law.
From the time the Senate included
all cities and counties in the bill to the
governor signing it into law took just
over two weeks. This background is
important because it explains why city
and county associations could not
inform members of the amendments or
effectively lobby to fix the proposal,
and why the law is so poorly drafted.
One section of the law modifies
the ethical practices legislation and
applies to metro cities over 50,000 and
the state. It regulates lobbyists and
officials. Officials means local officials
and includes a person who holds
elective office or who is appointed to
or employed in a public position in
which the person has authority to
make, to recommend, or to vote as a
member of the governing body, on
major decisions regarding the expendi-
ture or investment of public money.
The law forbids lobbyists, their
employer, or anyone acting upon their
request, from making gifts. Gifts mean
money, real or personal property, a
service, a loan, a forbearance of
forgiveness of indebtedness, or a
promise of future employment, that is
given and received without the giver
receiving consideration of equal or
greater value in return. The law also
prohibits officials from accepting gifts
from lobbyists.
The bill requires a lobbyist to
report gifts of $5 or more value given
or paid to any public or local official
(including elected or appointed city
officials). At first this seems anoma-
lous since most gifts are forbidden.
However, it probably means that the
lobbyist must keep track of those gifts
which are legal, i.e. food or beverages
given to legislators or local officials
who come to functions and speak or
answer questions. These reports would
only require one to show an aggregate
amount listing the nature of the gift and
the amount given to members of the
Legislature or another governing body.
Another section of the law
parallels the ethical practices board
section. It does not require lobbyist -
like disclosure and reporting, it is a
simple prohibition. While its definition
of a gift is the same, in some other
respects its language might have a
narrower or broader impact.
Those forbidden to receive gifts
include all elected or appointed
Q
officials of cities and counties and of
their agencies, authorities, or instru-
mentalities, like the League of Minne-
sota Cities. The decision-making
language from Chapter l0A is not used
here so this section may be broader.
However, because this language does
not specifically address employees,
some could argue that it actually has a
narrower impact. Those forbidden to
give gifts are any interested persons,
and not just lobbyists. An interested
person is a person, or representative of
a persodtor association, that has a direct
financial interest in a decision that a
local official is authorized to make.
Both sections of the law provide
similar exceptions to the prohibition
against gifts. Acceptable gifts for all
state, city, and county officials include
the following:
• Lawful campaign contributions;
• Services to assist an official in the
performance of official duties,
including but not limited to provid-
ing advice, consultation, informa-
tion, communication in connection
with legislation, and services to
constituents
• Services of insignificant monetary
value;
• A plaque or other similar recogni-
tion memento;
• A trinket or memento of insignifi-
cant value;
• Information or material of unexcep-
tional value;
• Food or beverages away from the
recipient's place of work given by
an organization before whom the
recipient appears to make a speech
or answer questions as part of a
program;
• Gifts to groups of which the
recipient is a member and his or her
share of the gift is no more than
other members of the group or
where a giver and recipient are
members of the same family.
Effective August 1, 1994. JJ
LS -8 LMC Cities Bulletir.
Z
a
1994 law summaries continued
Disposal of certain animals
Chapter 401 (H.F. 2435) changes
procedures to be followed when an
animal left with a veterinarian, board-
ing facility, or commercial facility is
unclaimed after 10 days. After 10 days
notice to an owner or, if the owner is
unknown, publication in a legal
newspaper, the animal may be de-
stroyed without liability. Effective
August 1, 1994. JJ
Fireworks safety and operator
qualifications
Chapter 405 (S.F.2425) requires
the state fire marshal to study the safety
of public fireworks displays and
display operator qualifications and
make legislative recommendations by
December 31, 1994. AH
Public contractors'
performance and payment
bond act
Chapter 419 (S.F.1692) modifies
the law governing public contractors'
performance and payment bonds, to
clarify requirements and alternative
security arrangements without making
substantive changes. The new law
specifies that failure of a public body to
get and approve a valid payment bond
or an acceptable alternative will result
in liability to all persons furnishing
labor and materials under the contract,
and specifies procedures and time
limits for making claims that depart
substantially from current laws.
Effective August 1, 1994 for contracts
for public work awarded after July 31,
1994. JJ
License plates for volunteer
ambulance attendants
Chapter 443 (H.F.1928) authorizes
the purchase, for an extra $10, of
special license plates for active
volunteer ambulance attendants. Plates
must be forfeited if the purchaser
becomes inactive or quits as an
attendant. Effective August 1, 1994. JJ
May 27, 1994
Charter cities may use
statutory city laws
Chapter 446 (S.E2070) provides
that if a city charter is silent on a matter
that is addressed for statutory cities by
Chapter 412 or other general law and
does not prohibit a city charter from
addressing the matter, or expressly
provide that a city charter prevails over
general law, then the charter city may
apply the general law on the matter.
Effective August 1, 1994. JJ
Citizen enforcement of
disabled parking laws
Chapter 495 (H.F.2426) authorizes
any city (now first or second class
cities only) to establish programs for
citizen enforcement of vehicle parking
laws relating to the physically disabled.
Effective August 1, 1994. JJ
Bond counsel fees
Chapter 533 (H.F.3136) requires
that attorneys performing services as
bond counsel for a public agency,
including a city, be paid reasonable and
fair fees based on specified factors, but
not based primarily on a percentage of
the amount of bonds or obligations
sold. The law requires a two-year
study of the effect of this change, with
a report by the state auditor due
November 1, 1997. Effective August
1, 1994. JJ
Omnibus data practices and
open meeting law amendments
Chapter 618 (H.F.2028) amends
the data practices act and open meet-
ings law. Much of the new law
represents a compromise between
strong, competing interests represent-
ing the media, public interest groups,
and local governments.
Data practices amendments
Specifies that not public data
(including private or confidential
data on an individual) may be
discussed at a meeting open to the
public to the extent provided in the
open meeting law.
Specifies that a complainant has
access to his or her statement to a
state agency or political
subdivision.
Authorizes court actions to compel
the release of pending civil investi-
gative data.
Classifies Social Security numbers
as private data, except to the extent
that access to the number is autho-
rized by law.
Classifies the name, address,
telephone number, and any other
data that identifies an enrollee in a
local government social or recre-
ational program.
Allows license applicants to request
private classification of their
residence, phone number, and
address if they provide an
alternative.
Classifies all 911 audio tapes as
private (with some exceptions).
Classifies response or incident data
regarding the alcohol concentration
of drivers as public.
Allows law enforcement agencies
greater access to commitment
information when conducting
firearm background checks.
Increases the sharing of juvenile
court information between the
courts, schools, and law enforce-
ment agencies, including requiring
law enforcement agencies to share
certain information with school
officials.
Amends the consumer protection
statutes to restrict the release of
video tape rental information.
Requires the commissioner of
administration, in consultation with
the League and other associations,
to prepare a data practices act
training plan or program for local
officials.
Open meeting law amendments
Specifies that public meetings are
presumed open.
Limits the ability to obtain tape
LS -9
1994 law summaries continued
recordings of closed labor negotia-
tion strategy sessions by filing a
court case prior to the two-year
window of privacy.
Specifies that the open meeting
law's provisions regarding notice
for emergency meetings supersede
any other statutory notice require-
ment for a special meeting that is an
emergency meeting.
Deletes the requirement that during
a public meeting a public body must
make reasonable efforts to protect
from disclosure not public data by
using reference to letters, numbers,
or other codes.
Clarifies the requirement that public
bodies must close one or more
meetings for the preliminary
consideration of personnel allega-
tions or charges.
Increases the civil penalty from
$100 to $300.
Specifies that forfeiture of office
may be imposed only upon prevail-
ing in three separate actions
involving intentional violations.
Authorizes reasonable attorney fees
for plaintiffs up to $13,000.
Authorizes reasonable attorney fees
for defendants up to $13,000 if the
court finds that the action was
frivolous and without merit.
Specifies that a public body may
pay any costs or fees (but not the
fines) incurred by or awarded
against any of its members in an
open meeting law action.
Specifies that no monetary penalties
or attorney fees may be awarded
against a member of a public body
unless the court finds that there was
a specific intent to violate the open
meeting law.
Various effective dates for the data
practices sections, many of which are
May 11, 1994. The open meeting law
amendments are effective August 1,
1994 and apply to violations alleged to
have occurred after that date. JJ
LS -10
Administrative procedures act
(APA) amendments
Chapter 629 (H.F.1899) makes
several minor modifications to how
state agencies adopt rules. As adopted,
the law modifies the composition and
duties of the Legislative Commission
to Review Administrative Rules,
requires state agencies to report to the
Legislature every four years (beginning
in the year 2000) regarding their
general and specific grants of
rulemaking authority, and allows the
governor or the chair of a standing
committee to which a bill is referred to
require rulemaking notes on legislative
bills that details impact information and
the estimated cost of the rule. The law
requires the Ethical Practices Board to
adopt advisory opinions which have
general effect as rules. Most sections
effective August 1, 1994; Ethical
Practices Board section effective July
1, 1995. JJ
Best practices reviews
Chapter 632 (S.F.2913) authorizes
the legislative auditor to examine the
procedures and practices used to
provide local government services
(including cities) to determine the best
methods of service delivery and
practices which reduce costs or
improve the effectiveness of the
service. The auditor will then
recommend cost-effective service
delivery methods and practices to local
governments. An advisory council,
including three appointments from the
League of Minnesota Cities, will select
the local government services to be
reviewed. A $200,000 general fund
appropriation will be available for the
reviews in 1995. The best practice
review program is scheduled to
continue until July 1999. SH
Restrooms, ratios for facilities
by gender
Chapter 632 (S.F2913) requires
new or substantially replaced public
Z�
facilities to have at least three restroom
facilities for women for every two
provided for men. The requirement
affects stadiums, community halls,
theaters, and amusement facilities. The
commissioner of administration will set
rules for the ratios of restroom
facilities. Effective July 1, 1995. SH
Renaming building inspectors
building officials
Chapter 634 (H.F.984) makes
several minor amendments, including
redesignating certified building
inspectors as certified building offi-
cials. The law allows local govern-
ments to retain state surcharge amounts
collected on building permits if the
total amount of the surcharge does not
exceed $25. The building code
sections are effective August 1 for the
name change and July 1, 1994, for the
surcharge retention provision. JJ
Housing
Manufactured homes:
Repossession actions
Chapter 444 (S.F.1825) restricts
repossession actions related to
manufactured homes to the county in
which the unit is located. Effective
August 1. AH
Mobile homes: Zoning
authority
Chapter 473 (H.F.2666) prohibits
cities, towns, or counties from enact-
ing, amending, or enforcing a zoning
ordinance which has the effect of
altering the existing density, lot -size
requirements, or manufactured home
setback requirements in parks con -
LMC Cities Bulletin
1994 law summaries continued
structed before January I, 1995, if the
park, when constructed, complied with
the then existing requirements. Effec-
tive August I, 1994. JJ
Penalties for failure to provide
written lease
Chapter 496 (H.F.1859) subjects
the owner of a multiunit building with
12 or more residential units to petty
misdemeanor penalties for failure to
provide a lease. Effective August 1,
1994 for new or renewed tenancy
beginning on or after August 1, 1994
AH
Conciliation court jurisdiction
over rental property matters
Chapter 502 (S.F.1732) allows
condominiums, cooperatives, and
townhouse associations to be
represented in district court action and
gives conciliation court jurisdiction to
determine damages arising from
landlord -tenant disputes. Priority is to
be given to actions alleging that the
tenant is causing a nuisance or
seriously endangering other residents,
their property, or the owner's property.
Effective August 1, 1994. AH
Prohibiting smoking in
common areas of apartments
Chapter 520 (H.F.423) adds
common areas of apartment buildings
to public places where smoking is
prohibited. Effective August 1. AH
Mortgage revenue and small
issue industrial development
bonding authority
Chapter 527 (H.F.3122) changes
procedures for allocating bonding
authority to include mortgage credit
certificates in the annual volume cap
allocation for housing pool and
enterprise zone facility bonds in the
small issue pool. Small issue IDBs
may finance facilities in empowerment
zones or enterprise communities
created under new federal programs.
Any amount of bonding authority
May 27,1994
reserved to entitlement cities not used
is deducted from the next allocation for
that entitlement city.
Proceeds from residential rental
bonds can only be used if the city
participates in the project. Cities which
do not use at least 50 percent of their
allocation by April 15, and at least
$200,000 of their allotment in the year
in which the allotment is made may not
apply to the housing pool or receive an
allotment the following year. Highest
priority for allocation will be for
enterprise zone facility bonds. Sections
applying to enterprise zone facility
bond allocations and city participation
in residential rental projects are
effective the day following final
enactment. AH
Lead and asbestos abatement
Chapter 567 (S.F.2710) requires
state building code provisions to be
developed by January 1, 1996, to carry
out lead abatement procedures and
redefines lead abatement. Abatement
contractors hired to perform procedures
must be licensed by the state.
Local boards of health are to
contract with the state health
commissioner to conduct assessments
to determine sources of lead
contamination. In consultation with
local HRAs and others, the state is to
develop by July 1, 1995 lead -safe
procedures for nonlead abatement
activities. Fees required for applying
for or renewing a lead abatement
license are waived for city employees.
The commissioner of health is
authorized to adopt standards and
methods for abating lead in soil and for
controlling lead in drinking water and
must publish a list of census tracts at
high risk for toxic lead exposure for
priority prevention. Cities and local
boards of health are to follow priorities
established under these provisions.
Individuals who do painting,
renovation, rehabilitation, or
remodeling work not related to lead
abatement do not need to obtain a lead
abatement contractor license.
M.
The commissioner of health is
directed to apply for federal grants to
help cover the cost of current training
in lead abatement procedures and to
increase the number of certified
trainers. Requirements for testing of
intact paint will not take effect until
July 1, 1995. Other provisions are
effective the day following enactment.
AH
Metropolitan Council study of
housing redevelopment and
rehabilitation
Chapter 577 (S.F.1740) requires
the Metropolitan Council to study
housing redevelopment and
rehabilitation and report to the
Legislature by July 1, 1995 on
standards cities should use to evaluate
costs and benefits of redeveloping and
rehabilitating rental and owner -
occupied housing. The purpose is to
increase the supply of housing
affordable to those with low incomes.
The study will consider roles of
various levels of government,
nonprofit, and for-profit developers and
the impact of current housing
redevelopment and rehabilitation
financing. The law requires cities and
various agencies to assist in the study
by providing data. Effective the day
following final enactment. AH
Housing Finance Agency
programs
Chapter 586 (S.F.2064) authorizes
MHFA to make or participate in
rehabilitation loans without regard to
income for the purchase and
rehabilitation of existing owner -
occupied residential housing and for
home improvement loans under the
American Indian housing program.
MHFA is also authorized to make loans
to certain Section 8 rental property
owners.
Federal low-income housing tax
credits in the metropolitan area may
only go to new construction or
substantial rehabilitation to projects
LS -11
1994 law summaries continued
where at least 75 percent of the units
are single room occupancy units,
efficiencies, or one bedroom units and
to multifamily housing that is not
restricted to seniors. Effective May 5,
1994. AH
Replacement housing in first
class cities
Chapter 632 (S.F.2913) provides
flexibility in the requirement that
Minneapolis, St. Paul, and Duluth
furnish replacement housing on a one-
to-one basis when low-income housing
is lost because of redevelopment.
These cities will be able to count rent
subsidies and vouchers and home-
ownership toward replacement
requirements. They may also avoid the
requirement for units that are vacant for
more than one year. Minneapolis and
St. Paul will be allowed to locate
replacement housing anywhere in the
metro area. SH
Personnel
EMS and insurer use of HIV
antibody tests
Chapter 475 (S.F.1794) prohibits
health insurers from obtaining or using
HIV antibody test results arising out of
exposures to patients or from the
routine testing of emergency medical
service personnel. Effective August I,
1994. JJ
Name of unemployment
compensation
Chapter 488 (H.F. 3053) renames
unemployment compensation as
reemployment insurance and niodifies
provisions relating to reporting
LS -12
(including repeal of the requirement for
employer-provided separation notices),
eligibility, and liability for benefits.
Effective August I, 1994. JJ
Short-term accident and
health plans
Chapter 506 (S.R 1912) authorizes
the sale of short-term accident and
health insurance policies that provide
coverage for up to 185 days, or longer
to cover hospitalization which extends
beyond the 185 days. Effective day
after enactment. JJ
Arbitration study and BMS
settlement form
Chapter 560 (H.F.2624) ratifies
state labor agreements, changes duties
of the Legislative Commission on
Employee Relations (LCER), extends
the jurisdiction of the compensation
council to state and metro agency
heads, and reduces the upper salary for
the executive director of the Board of
Judicial Standards.
Two sections affect cities directly.
One section requires the LCER to study
the use of arbitration to resolve
impasses in contract negotiations
between public employers and exclu-
sive representatives of public employ-
ees. The report must be submitted to
the Legislature by January 15, 1995
and must examine differences in costs
between arbitrated awards and negoti-
ated settlements, the process by which
arbitrators are selected, other forms of
interest arbitration, and alternatives to '
the use of arbitration.
The other section involves the
mandate for common calculation of
union contracts and awards costs. Until
the commissioner of the Bureau of
Mediation Services (BMS) adopts a
rule that provides otherwise, all public
employers, including cities, shall use
the "uniform baseline and settlement
form" and accompanying instructions.
For union agreements or arbitra-
tion awards that were entered into or
issued between December 31, 1993 and
May 5, 1994 the public employer shall
complete the form and make it avail-
able to the public within 60 days of
May 5. No publication or posting
requirements exist for these forms, they
must simply be made available to the
public. While this new language might
eliminate the need for city staff to
provide the form to the council,
obviously it would be prudent to only
do so upon direction from the council.
For all settlements or awards after
May 5, the form must be prepared and
submitted to the council prior to
contract ratification. The BMS
settlement form and compensation
council sections are effective May 5,
1994; all other sections are effective
August 1, 1994. JJ
MnCare and health care
reform
Chapter 625 (S.F.2192) amends the
MinnesotaCare act. Most significantly
the law delays the target date for
universal coverage in Minnesota until
July 1, 1997. The commitment for
universal coverage by 1997 constitutes
a financial obligation for the state in
excess of $100 million annually,
without an identified revenue source.
Eligibility for MnCare is expanded
effective October 1, 1994 to include
single adults and households with no
children whose income is less than 125
percent of the federal poverty guide-
lines. This expansion is expected to
boost enrollment from the current level
of 60,000 enrollees to 90,000 individu-
als and by itself will create an annual
state shortfall by 1997 of $74 million.
Concern about the market's rush to
establish Integrated Service Networks
(ISNs) prompted a moratorium on large
ISN formation, but the Legislature
allowed the creation of smaller ISNs
serving up to 50,000 patients which are
termed community integrated service
networks (CISNs).
Another significant change
requires HMOs to offer greater access
to "allied independent health provid-
ers" which include out of network
LMC Cities Bulletin
W
1994 law summaries continued
chiropractors, marriage and family
therapists, social workers, and dieti-
tians. The HMOs can impose creden-
tials, managed care requirements, and
contract terms on these providers, and
treat the services as a separate insur-
ance plan. In a controversial action,
access to allied independent health
providers is not required of state
medical programs under Medicare,
medical assistance, general assistance,
or under the MnCare program, as well
as to state employees under state
benefit plans. The law has many
effective dates, some immediate, some
retroactive. JJ
Public employees insurance
purchasing task force
Chapter 632 (S.F.2913) creates a
task force to study the possibility of
creating a cooperative of all public
(non -state) employees to purchase
medical and dental insurance. The 13 -
member task force will include
representatives from the League of
Minnesota Cities, unions, the
Department of Employee Relations,
and other local government
organizations. A report is due to the
Legislature by March 1, 1995. SH
4
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Public Safety
Interstate police use
Chapter 441 (H.R 1966) authorizes
peace officers in adjoining states to
render assistance to Minnesota peace
officers on request, grants them arrest
authority if they act under the direction
of a Minnesota officer, and for tort
liability purposes specifies that the
officer is deemed to be an employee of
the elective or appointive agency of the
peace officer requesting assistance.
Effective August 1, 1994. JJ
May 27, 1994
Liquor law amendments
Chapter 611 (H.F.2617) bans the
sale of malt liquor or other registration
brand labels implying an Indian leader
connection; removes the 8:00 p.m.
Christmas Eve sale restriction; allows
temporary on -sale intoxicating liquor
licenses to state registered political
committees; limits a city from issuing
more than three temporary intoxicating
or nonintoxicating liquor licenses to
any one organization or location within
a 12 -month period; specifies that cities
may not allow the same business name
to be used by more than one of its off -
sale intoxicating liquor licensees; and
revises the suspension and revocation
statute to give more discretion to the
licensing authority. Various effective
dates, many immediate. JJ
Mandatory missing
children protocol for
police departments
Chapter 636 (H.F.2351) is the
omnibus crime law for 1994. One of
its many provisions requires that by
August 1, 1995 all local law enforce-
ment agencies adopt a written policy
governing the investigation and
management of cases related to missing
and endangered children. Effective
August 1, 1995. JJ
Special legislation
St. Cloud: Fingerhut TIF
district
Chapter 376 (H.E2213) gives eight
exemptions to the tax increment
financing law for the Fingerhut district
in St. Cloud. The exemptions include
allowing up to 25 years for the district
(currently limited to 11 years), eminent
moi...: a"
domain authority for property adjacent
to the district, and exemption from the
local government aid (LGA)/
homestead and agricultural credit aid
(HACA) penalty. SH
Anoka: Library merger
Chapter 378 (H.F.1956) allows
Anoka to discontinue providing library
services. Anoka County will assume
responsibility for services to city
residents. Effective January 1, 1995.
SH
Duluth: G.O. bonds for
convention center
improvements
Chapter 489 (H.F.2433) allows the
city of Duluth to issue $4 million in
general obligation bonds without a
referendum so the city can finance
improvements to the city convention
center. Effective upon local approval.
SH
St. Paul: Replacement of lead
pipes
Chapter 504 (H.E2175) authorizes
St. Paul to replace lead pipes located on
private property at the written request
of property owners and allows the city
to pay or reimburse the cost for
removal and installation. The city may
issue general obligation or special
obligation bonds to fund the program.
Effective the day after local approval.
AH
Hutchinson: Bonding
authority for tri -agency
maintenance facility
Chapter 522 (H.F.1901) allows
Hutchinson to issue up to $1.5 million
in general obligation bonds without a
referendum. The bonds will be used to
provide the city's share of a new
transportation maintenance facility to
be used jointly by the city, McLeod
County, and the Minnesota Department
of Transportation. The law allows the
LS -13
1994 law summaries continued
voters of the city to request a
referendum prior to June 30, 1994 on
the issuance of the bonds. Effective
without local approval, unless
requested by June I, 1994. SH
Ramsey County road
turnback funding
Chapter 439 (H.F2936) allows
Ramsey County to provide $8,000 per
mile for each mile of county road that
is turned back to cities within the
county with populations less than 5,000
(and for White Bear Township). The
turnback program is a product of a
1992 Ramsey County study which
resulted in a substantial number of
exchanges of road jurisdiction.
The per -mile appropriation will
increase or decrease according to an
engineering cost index. All roads
turned back under this funding
program will be raised to a set county
standard before transfer occurs. Cities
are allowed to return these roads to the
county if the funding agreement is not
met. Effective August 1, 1994. SH
Rochester: Dissolution of city
HRA, creation of Olmstead
County HRA
Chapter 493 (H.F.1957) dissolves
the Rochester Housing and
Redevelopment Authority (HRA) and
designates a new membership for the
county HRA. Four of the seven
Olmstead County HRA members will
be appointed by the Rochester City
Council. Other cities within the county
may still establish their own HRAs.
Effective upon local approval. SH
Transportation
11ransit funding
Chapter 632 (S.F.2913)
appropriates $10 million for transit for
the general fund, $1.6 million
additional funding for transit programs
in Greater Minnesota for 1995, and
$8.4 million for the regional transit
board to distribute to regular routes in
the metro area, the metro mobility
program, and to rural and small -urban
systems in Greater Minnesota. SH
MSA, local speed limits, bridge
inspections, public vehicles
Chapter 635 (H.F.3011) redefines
the mileage for the municipal state aid
(MSA) street system to include 20
percent of a city's streets, plus road
turnbacks from the county and the
state.
Speed limits on residential
roadways of less than one-quarter mile
may be reduced to 25 miles per hour if
the local road authority posts both the
beginning and the end of the special
speed zone.
All city -owned vehicles are
required to have the name of the city
displayed on both sides of the vehicle
in letters at least 2.5 inches high by 0.5
inches wide in a contrasting color that
must be kept clean and visible during
the use of the vehicle (unmarked
vehicles used for police, tire, or arson
work are excluded). Leased vehicles
are included in the requirements
(removable placards may be used).
All electronic traffic signals
installed after January 1, 1995 must be
equipped to handle traffic system
preemption systems.
�ZL
The law also includes the
following: requires bridge inspections
at least every two years; authorizes
design -build bridges for nonmotorized
vehicles; provides for a study of road
pricing options, and a study of the
desirability of requiring insurance
requirements on seat belt use; increases
MSA contributions to the disaster and
research accounts.
(A requirement for a traffic signal
in North Oaks, and sound barriers on
segments of I-394, state trunk highway
252, and; J-694, were vetoed.) SH
Miscellaneous transportation
funding and policy
Chapter 640 (H.F3230) provides
funding and grants for: construction of
state trunk highways --$15 million;
electric vehicle technology study --
$200,000; study of high-speed rail
corridor between the Twin Cities and
Chicago --$630,000 (contingent on
funding from Wisconsin and the federal
government); surcharge on fines
imposed for speeding in work zones;
and expanded authority for the
Metropolitan Council to make certain
transportation loans. Effective July 1,
1994.
(A $5.5 million appropriation for
MnDOT's state road operation costs
was vetoed.) SH
Transportation bonding
Chapter 643 (H.F.218) provides
state bonds for: completion of the
Bloomington Ferry Bridge --$7.631
million; local bridge replacement and
rehabilitation --$12.445 million; light
rail transit (LRT) engineering and final
design costs for the central corridor --
$10 million; capital improvement
projects for the metropolitan transit
commission (MTC) --$10 million;
federal aid demonstration projects --
$3.924 million; and miscellaneous
LS -14 LMC Cities Bulletin
1994 law summaries continued
MnDOT facility projects -413.016.
(The total state bonding package was
nearly $650 million.) SH
Motor vehicle operation
Chapter 645 (H.R.942) requires
that every driver is "responsible for
becoming and remaining aware of
potential highway hazards" and "must
use due care in operating in a vehicle."
Effective August 1, 1994. SH
Utilities
Extending regulation of
competitive telephone services
and incentive plans
Chapter 534 (H.F.2134) extends
the incentive plan regulation of
telephone services until June 1, 1996 or
until the State Public Utilities
Commission (PUC) issues a final order,
whichever is earlier. The law requires
PUC to determine configuration and
cost allocation for expanded area
telephone service. Emerging
competition provisions will regulate
certain new services offered for the
first time after August 1, 1994. When
first offering a service, telephone
May 27, 1994
companies must petition the PUC for a
determination of how the service is to
be classified. New services may be as
subject to effective competition or
emerging competition and regulated if
the new service is not integrally related
to providing adequate local phone
service or access to the telephone
network or to customer privacy, health,
and safety.
The section related to the
extension of alternative regulation is
effective the day following enactment.
Sections related to emerging and
effective competition are effective June
1, 1994. AH
"Quick take" condemnation
Chapter 610 (S.R788) prohibits
municipal utilities from acquiring the
right to serve the property of a rural
electric cooperative through use of
"quick take" condemnation
proceedings during eminent domain
proceedings. Provisions allow cities to
petition the Public Utilities
Commission for interim service rights.
Effective the day following enactment
and applies to acquisitions begun on or
after that date. AH
Access to government
information
Chapter 632 (S.F.2913), the state
supplemental budget act, contains a
section to improve public access to
government information and to make
government more effective through the
use of information technology. The
state Information Policy Office (IPO)
will organize and staff a government
information access council comprised
of state officials, higher education and
business leaders, telephone company
representatives, union representatives,
legislators, and representatives from
other interests. The council will
consider how to provide government
information and data at all levels and
will examine how government can
encourage privatization of digital
information systems to improve
delivery of services and how to make
more government information available
directly or through business
enterprises. The Legislature
appropriated $400,000 to assist the
council in its work.
The Public Utilities Commission
will need to ease access to and
distribution of government information
and the Department of Revenue must
study how tax policy might facilitate
use of information technology. The
Legislature has approved $25,000 for
planning an institute of
telecommunications technology and
education at the University of
Minnesota to develop existing and new
telecommunications and information
networks and provide technical
assistance in the use of such systems.
Effective August 1. AH
LS -15
Legislation that did not pass
Broader use of DNA
Passage of this bill was not sought
due to a Minnesota Supreme Court case
which in effect implemented the bill by
allowing prosecutors and expert
witnesses to comment on the statistical
probability of a DNA match. JJ
Workers' compensation
reform
Passed by the Senate after several
unusual procedural actions, including a
changing of the chief authors, the bill
was not taken up on the House floor
after the House DFL caucus failed to
reach a consensus on what set of
reforms it wanted to pass. JJ
Video gambling in bars
Never built momentum due to pre -
session position taken by the governor
and legislative leaders against
expanding gambling. One of the
interesting "what ifs" of the 1994
session is whether the huge Mystic
Lake profits would have affected this
bill if they had been made public
earlier in the session. JJ
Gas tax increase, transit
funding increase
The House and Senate could not
agree on the appropriate mechanism for
increasing funding for roads and
transit. The governor's opposition to
tax increases intensified the stalemate.
Proposals for constitutional
amendments to dedicate a portion of
the motor vehicles excise tax (MVET)
to transit, and undedicate the use of gas
tax and vehicle registration revenues in
the seven -county metro area also failed.
SH
New CSAH formula
For the third session, there were
discussions of a new formula to
distribute the 21) percent ol' the highway
user distribution fund allocated to
counties. Proposals to reallocate the
county state aid highway (CSAH)
funds to increase the distribution to
metro area counties did not pass. AH
Additional TNT requirements
Two bills that would have required
additional information on truth in
taxation (TNT) notices and discussion
at hearings were defeated. One would
have required cities to publish the prior
year and proposed budget amounts in
the newspaper advertisement. It would
have reimposed the levy publication
requirement. The other would have
required local governments to discuss
the impact of changes in the total
market value of each type of property
and the resulting tax burden shifts to
other classes of property. The proposal
would also have required local
governments to pass a resolution
acknowledging that they understood
the shifting would occur and were
going to reduce their levy to prevent
the shift. SH
Public, not government, as
client of audit
A proposal to clarify that the
residents and taxpayers of the state are
the clients of an audit of a local
government, not the unit of
government being audited, did not
pass. SH
MSA for cities under 5,000
Cities under 5,000 population will
not be allowed to form a joint public
works department with another small
city to become eligible for municipal
state aid. SH
Voter approval for tax levies
greater than income growth
Local governments will not be
required to hold a local referendum to
gel aulhority to raise property tax levies
at a rate that is greater than the
percentage change in Minnesota
personal income. SH
Return of excess building code
revenues to cities
Excess revenues from the building
permit surcharge that funds the state
building code division will not be
refunded to cities to help fund their
inspection departments. SH
Levy limits
A proposal to reinstate the per
capita and overall levy limits on cities
and counties did not pass. It would
also have required state review of all
governmental °Unit levies. GC
Legislature limited to odd -year
sessions
A constitutional amendment that
would have restricted the Legislature to
convening only in the first year of the
biennium, with authority to call special
sessions, did not get a hearing and did
not pass the Legislature. SH
Other constitutional
amendments
Right to bear arms and full funding
of state mandates on local governments
did not get approval. SH
Absentee voting
Although the Senate approved
legislation that would have allowed
voters to cast absentee ballots without
qualification in the 1994 election if
voting was done in person during 30
days prior to election at a location
designated by the county auditor, the
bill failed to receive action in the
House when it became the focus of
efforts to change the 1993 state
campaign finance reforms and ethics
regulations approved earlier this
session. AH
IlDrm limits
Proposals fora state constitutional
amendment to limit terms of state
constitutional officers, legislators,
members of congress, and even local
LS -16 LMC Cities Bulletin
FM
Legislation that did not pass
elected officials failed to get floor
action in either House or Senate, All
Alternative regulation of
telephone companies
In late March, the Senate
Committee on Jobs, Energy and
Community Development tabled a bill
to allow telephone companies to
petition the Public Utilities
Commission for an alternative
regulation plan. The new plan would
have permitted the telephone industry
to introduce new voice, video, and data
services without regulation at either the
state or local level, thereby denying
local government and residents a role
in determining how such
telecommunications could benefit the
community and or assuring
competition. AH
O0
Ethical practices
Ilousekeeping legislalion for the
State 11-Mical Practices Board which
would have clarified many issues
concerning local governments was not
enacted. AH
Legislation vetoed by the governor
Leaves of absence for union
activities
A bill which would have required
all public employers to grant leaves for
any employee's union activities was
vetoed, but the chief authors passed a
more limited version of the bill by
attaching it to an education bill. That
law was signed and consequently
school districts won't be able to stop
union activities for one teachers' union
on the basis that the school district's
teachers are represented by another
teachers' union. JJ
Simulated elections for minors
The governor vetoed a proposal
that would have authorized a program
allowing minors (under 18) to vote at
May 27, 1994
the polls in a simulated election at the
same time as a primary or general
election. AH
Metropolitan guidelines for
comprehensive choice housing
A bill that would have required the
Metropolitan Council to adopt
guidelines and a formula for allocating
a full range of housing options in every
city in the metropolitan area was
vetoed. Comprehensive choice housing
referred to single and multifamily
housing affordable to households with
certain income levels. The bill would
have also authorized a study of existing
barriers to affordable housing and an
annual review to establish whether
each city was in compliance with the
allocation for that community. It
would have required cities with an
inadequate supply of affordable
housing to reach that objective. AH
Welfare reform
Governor Carlson announced
proposals for sweeping reform early in
the session, watched as conservatives
attacked abortion notice and other
provisions to the bill, saw the
Legislature strip several sections from
the welfare reform bill and attach them
to a health and human services bill,
and then vetoed the bill because it
spent too much on a wide variety of
health programs. JJ
LS -17
r
-3
CITY OF
PLYMOUTH+
For Immediate Release
May 31, 1994
For more Information:
Karol Greupner, 550-5139
COMPANIES ACCEPT SHAPE UP CHALLENGE
Plymouth Mayor Joy Tierney recognized companies that participated in an annual physical
fitness program, the Plymouth Shape -Up Challenge, at a May 27 awards ceremony. Fifteen
Plymouth -based companies joined in the 1994 challenge, a six week program promoting friendly
competition among work sites where their employees received points for exercising each week.
The 1994 Mayor's traveling trophies were awarded for average points per employee went to
Ryerson Steel, Wayzata Senior High School and the City of Plymouth. Dana Corporation,
Sauer -Sundstrand Co., Ryerson Steel, Gleason Lake Elementary School, Wayzata Senior High
and Midwest Custom Interiors took home plaques. The plaques recognized the highest average
points per participant and highest percentage of participation.
Other companies enrolled in this year's Shape -Up Challenge included: Wayzata East Junior
High School, Burgess Industries, Cady Communications, Twin City Optical, Avecor
Cardiovascular Inc., Schneider (USA) Inc. and Progress Casting Group. The Shape -Up
Challenge was coordinated by the Plymouth Parks and Recreation Department. For information
on how your company can be part of the 1995 Shape -Up Challenge, call Karol Gruepner at 550-
5139.
We Listen • We Solve • We Care
3400 PLYMOUTH BOULEVARD • PLYMOUTH. MINNESOTA 55447 • TELEPHONE (612) 550-5000
LLH01-jt U1- I'9[A 1_111L ILL
League of Minnesota Cities
3490 Lexington Avenue North
SL Paul, MN 55126-8444
(612) 490.5600
ATTN: CITY MANAGERS, ADMINISTRATORS, CLERKS
Please make every effort to provide your Mayor and
Councilmembers this information by June 1
May 27, 1994
TO: Mayors and Councilmembers % City Manager, Administrator, Clerk
FROM: Mayor Chuck Winkelman, St. Cloud, LMC President.
RE: GOVERNING YOUR CITY: REAL LIFE SCENERTOS & MINNFSOTA 1 -AW
THIS WORKSHOP IS A MUST FOR EVERY ELECTED OFFICIAL. EVEN IF YOU'VE
BEEN IN OFFICE 5 - 10 - 15 YEARS, LAWS CHANGE, NEW LAWS ARE MADE,
YOU BECOME MORE VULNERABLE.
YOU'LL HEAR REAL LIFE EXPERIENCES ON KEEPING YOURSELF OUT OF 110T
WATER. YOU'LL LEARN FROM EXPERTS WHAT YOU CAN AND CANNOT DO A5; AN
ELECTED OFFICIAL. PROTECT YOU AND YOUR CTTY FROM COSILY ]AWSUITS.
IF YOU HAVEN'T SIGNED UP TO ATTEND THIS SPECTAI, UPDATF. FOR lITC'TED
CITY OFFICIALS IT IS NOT TOO LATE)
THERE IS NO CHARGE.
SIMPLY CALL CATHY DOVIDIO AT 612-490-5600
This session is scheduled for Tuesday afternoon, June 7, at the
Radisson Hotel in St. Paul, 1:00 -- 5:00 p.m. See the League':
May 27 CITIES BULLETIN for more information.
r.
Do you struggle with questions about
what you and your elected colleagues
can and cannot do, as well as other
complexities of municipal law? You are
not alone. Almost everyone completing
a recent survey sent to those who have
been in office two years or less agreed.
This special update will provide an
opportunity for you to learn the facts
in a fun -filled, but highly instructive
program. Scheduled on Tuesday, June
7 from 1:00 to 5:00 p.m. just prior to
the annual conference, this workshop
will focus on legalities related to a
variety of policy decisions facing
councils throughout Minnesota.
Special update for newly
elected officials to be.,offered
as pre-conferenc �op at:
LMC annual c
your city:
fference
t ✓�/. f a
Z"I., I
Trios and Minnesota law
'Mie first part of the program will
include a discussion of several vignettes
(based on actual situations). A panel of
veteran elected officials will share what
they would do; several attorneys with
city experience will provide legal
perspectives; and then "the rest of the
story" will be revealed—what actually
happened.
During Part II, participants will have
the opportunity to tackle other
situations, working in facilitated small
groups and receiving feedback from
the faculty. There will be time to
address your concerns.
Although this training program has
been specifically created for elected
officials in office less than two years,
any mayor or councilmember is
welcome and will find it of value.
Special note: The session will
adjourn with plenty of time to enjoy
dinner in Saint Paul before the
evening conference kickoff featuring
Garrison Keillor at the World Theater.
To register, please send the registra-
tion form and payment to the League
of Minnesota Cities, 3490 Lexington
Ave. N., St. Paul, MN 55126. Contact
Darlyne Lang at (612) 490-5600 if you
have any questions.
----------------------------------------�
Special Update for Newly Elected Officials:
Governing your city: Real life scenarios and Minnesota law
Tuesday, June 7, 1994 Name
1:00 to 5:00 P.M. I
Radisson St. Paul Hotel Title
Registration fee (including materials and refreshments): Address
$35 per person in advance
$45 per person on-site City
Registration deadline: May 27, 1994 Phone
I Please make check payable to the League of
Minnesota Cities and mail along with this regis-
(Please copy this form if you have more than one registra- tration to League of Minnesota Cities, 3490
' tion.) Lexington Ave. N., St. Paul, MN 55126. I
I
L--------------------
- -----------------J
I_'Ab
NORTHWEST HENNEPIN ,, � HUMAN SERVICES COUNCIL
Planning, Research, and Coordination of Human Services
May 25, 1994 `
Y
Dear community members, elected officials, and agency representatives;
Enclosed you will find a copy of the Northwest Hennepin Human Serviw.;Council 199cey d3A eti'cy
Highlights. This document provides a brief description of some of t11-6- cfivijie�'and
accomplishments of the Council in 1993.
Our agencys purpose is, foremost, to provide good information to decision makers through the
results of our research and planning efforts. We encourage you to take advantage of the
information we have available for any of your own planning activities.
We also serve in the role of linking citizens with resources, helping to increase the community's
awareness of resources by publishing directories of services, resource cards, and reports on topics
of concern to the community.
We strive to implement needed services, avoiding duplication while being conscious of cost-
effective delivery. The overall goal is improving the quality of life in these communities.
Northwest Hennepin Human Services Council is also charged with the task of sewing as a
catalyst for the identification, prevention, and solution of human service issues. With all
endeavors citizens are the key in the process.
We have initiated and supported numerous collaborative efforts in the community in order to
mobilize resources that will strengthen the community. These collaborations have been one of
our greatest successes and have provided the multi -sector approach to problem solving that is
necessary with the complex issues we are facing as a society.
Please call upon our staff for information or to become involved in a program or committee.
Thanks for your time and support.
Patricia S. Wilder, Executive Director
Northwest Hennepin Human Services Council
BROOKLYN CENTER CORCORAN GOLDEN VALLEY MAPLE GROVE PLYMOUTH
BROOKLYN PARK CRYSTAL HANOVER NEW HOPE ROBBINSDALE
CHAMPLIN DAYTON HASSAN OSSEO ROGERS
7601 Kentucky Avenue N. • Brooklyn Park, MN 55428
(612) 493-2802
S:A+b
PRESS RELEASE
For immediate release.
For more information, call Donna Martin at 493-2802.
The third annual "INVEST NORTHWEST" Awards were given by Northwest
Hennepin Human Services Council on May 5, 1994. Four awards were
given to individuals who are committed to meeting the human
services needs of others in the Northwest Hennepin area.
The "Invest Northwest" award is given to people and organizations
that have made significant contributions toward improving the lives
of residents of Northwest Hennepin County by helping to make human
services more available and accessible. Recipients have
demonstrated one or more of the following criteria:
1) Innovation and creativity in meeting human service needs.
2) Sustained activity in meeting human service needs over a
period of time (not necessarily in just one role or capacity) .
3) Inspiration of others to get involved in meeting human service
needs.
4) Tangible progress resulting from the person or organization's
activity.
Nomination forms were sent out to the community at large. Ten
nominations were made for the "Invest Northwest" Award. The awards
selection committee reviewed the nominations and ranked them based
on the above criteria. The committee also took into consideration
volunteerism and service above and beyond the call of duty. The
awards committee was made up of past recipients of the award and
representatives from the Northwest Hennepin Human Services
Council's Advisory Commission and Executive Board.
The selection process was challenging because all the candidates
give a great deal of time and effort to their community. The
awards selection committee chose the following nominees who were
then approved by the Executive Board to receive the award:
Ray Weyker is an example to all about doing what we can, when we
can, to improve our neighborhoods and to improve the quality of
life of others. Ray is a small business owner who puts many hours
in at work. Thus, he can not participate in many organized
volunteer efforts. Instead, he assists his elderly or vulnerable
neighbors by mowing, raking, removing snow, and other general
household maintenance chores. For thirty years one neighbor, who
was blind and elderly, was able to stay in home because Ray
"adopted" her outside work.
Over
Barbara Kobe has dedicated herself to helping the next generation
of children in the Northwest Hennepin area see themselves as valued
human beings. Focusing on self-esteem issues, she has worked with
individual students and she has also conducted workshops to train
adults (staff and volunteers) how to work with students. She
developed GEMS (Girls' Empowerment and Mentoring Support), a group
experience for fifth grad girls designed to instill and nurture
self-confidence. Organizations such as the Robbinsdale Area
Schools, Courage Center, the Mental Health Association of
Minnesota, the Girl Scouts, and area churches have been the
recipients of her assistance.
Bob and Shirley Schon made volunteerism a conscious part of their
retirement plan. They devote thousands of hours of volunteer
service to several organizations including the North Memorial Heart
Club, Meadow Lake School, Valley Community Church, PRISM, Senior
Services Program, Seniors in Action, and the American Cancer
Society. Whether it's serving on a board, assembling newsletters,
offering support to patients prior to hear surgery, raising funds,
flipping pancakes, sharing a cheery smile with a nursing home
resident, cleaning chruch pews before services, or serving as
reading tutors for young students, Bob and Shirley are inspiring
examples.
Josephine D. Nunn has been a dedicated volunteer in the Northwest
Hennepin area for over thirty years. She has served the community
as a leader of the Champlin Champs 4-H Club, a member of the
Champlin Friends of the Library, the Champlin Lioness Club, the
Champlin Legion Auxiliary, and the Champlin Garden Club. She was
Mayor of the City of Champlin for twelve years and has also served
on committees/boards at organizations such as, the Metropolitan
Council, North Hennepin Leadership Academy, Hennepin County
Extension Committee, and the League of Minnesota Cities. She was
very instrumental in the formation of Northwest Hennepin Human
Services Council in 1972.
�%Ab
1993 AGENCY HIGHLIGHTS
NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL
7601 Kentucky Avenue North
Suite 101
Brooklyn Park, MN 55428
(612) 493-2802
fax (612) 293-2713
5. -Ab
NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL 1993 HIGHLIGHTS
Northwest Hennepin Human Services Council is a joint powers agency of 15 Northwest
Hennepin communities and is one of three designated community planning agencies for
suburban Hennepin County. It is responsible for assessing human service needs and
communicating those needs to decision makers in the Northwest Hennepin area. The
Council fulfills this responsibility in three main ways: 1) Research and Planning; 2)
Community Outreach; and 3) Human Services Coordination and Citizen Input. Highlights
in these areas include:
RESEARCH AND PLANNING
Ongoing research and planning activities include: 1.) conducting surveys and focus groups
on a variety of issues and 2) collecting demographic and socioeconomic data that describes
the citizens in the Northwest area.
o In 1993, the Council initiated a comprehensive needs assessment of human
services in the northwest area. This needs assessment is done every three
years, but this time it is being implemented in three stages, each stage
focusing on a different group of cities in the northwest area (inner -ring,
developing, rural). The survey covers a wide range of human service topics.
o A needs assessment of the Community Resource Center (CRC) was
completed to determine community awareness of the CRC and the types of
services/programs desired by the community.
o Focus groups were conducted to determine community vision of low income
individuals and also to determine the needs of residents at Ridgebrook
Apartments (Enhanced Housing Initiative).
o The Council s Advisory Commission prepared their annual Community Social
Services report which detailed needs and recommendations for human services
in the northwest area. These needs and recommendations were researched
throughout the year via Census information, presentations by local
professionals, and the results of surveys done by the Council and other
organizations.
COMMUNITY OUTREACH
o The Enhanced Housing Initiative/Ridgebrook Community Partnership was
initiated focusing on creating a sense of community and organizing lower
income residents. The community -oriented activities included
* An informational meeting for parents and children at
Zanewood School.
S• Ab
A Renters Rights and Responsibilities Forum.
o The Island Community Project continued addressing the needs of residents
in manufactured home parks including the development of a ballfield in
Dayton, the creation of a city park in Corcoran, improving water quality and
pressure in the parks, and providing a Point Northwest counselor to work with
youth. Residents held numerous meetings with park management and city
council members to discuss issues of mutual concern. Information packets
were also distributed throughout the parks.
o The Northwest Mental Health Advisory Committee sponsored many activities
in 1993 to meet their main goal of educating the community about mental
illness. These activities included:
* An Open Meeting with Hennepin County Commissioners.
* Co -sponsoring a Day On the Hill meeting with state legislators.
* An Open House at the NW Community Support Program
featuring Julie Tallard Johnson and associates.
* Co -.Sponsoring a forum with the NW YMCA called "Depression:
Just the Blues?"
o The Senior Leadership Committee continued to gather information about
senior needs and programs in the northwest area to meet those needs. Topics
that they addressed in 1993 include: transportation, the Senior Law Project,
Metropolitan Councils Generation Project, Social Security policies, Medicare
policies, and the nutritional needs of seniors. They sponsored their annual
Spring Forum in April:
* "Seniors Rights and Responsibilities: What You Need to Know
When Planning for Your Medical and Financial Future."
o Work on Cultural Diversity continued throughout 1993. The Council worked
with the Robbinsdale School District in formulating a response to the anti-
Semitic activities. The Council also worked with New Hope in developing a
Human Rights Commission. Some of the Cultural Diversity events include:
Participated in District 281 workshop for Volunteers on
diversity.
* Provided training to city department heads and assistant
department heads.
* Held a bias response plan meeting.
* Participated in Cant We Just All Get Along sponsored by
District 281.
o The Council sponsored a Policy -Makers Briefing for key decision -makers in
the Northwest area. This briefing provided information about demographics,
policy issues, and local initiatives to help inform policy -makers of the area,s
needs.
sft 4b
o The Council participated in several events in the community in order to
provide information and resources (including demographic information,
resource cards, human service directories, parent tip cards, health tip cards,
self-esteem coloring books) to people in the community. Events included:
* The Prudential Child Wellness Fair.
* The Heritage Festival at Park Center High School coordinated
by the Brooklyn Center Chamber of Commerce.
* A presentation for School District 281 s Community Education
staff on "The Changing Demographics in the Northwest
Suburbs."
* A presentation entitled, "Children and Families at Risk Where
We Live... Why You Should Care" shown on cable.
* "Who are Our Neighbors, an Up to Date Look at the First Tier
Suburbs" presentation.
HUMAN SERVICES COORDINATION AND CITIZEN INPUT
CO-OP (Communities Organizing Opportunities for People) Northwest is one of the
coordination/collaboration efforts which the Council oversees. The different committees
that make up CO-OP Northwest focus on community issues such as housing; jobs, training,
and education projects; the overall delivery of human services; and cultural diversity. The
major CO-OP Northwest projects during 1993 include:
o The Northwest Community Law Enforcement Project, now fully implemented,
identifies, recruits, and supports cadets with diverse backgrounds to become
law enforcement officers.
* A Community Law Enforcement Project Open House was set
up involving the projects participants, city staff, County
Commissioners, and members of the media.
o A pilot project called the Human Services Enterprise Zone began in 1993.
The purpose of this project is to look at the delivery of services within a
targeted area and determine ways to nurture a community that meets the
needs of families and children.
o The CO-OP Northwest Community Revitalization Corporation, a 501(c)3
Community Housing Development Organization was developed to address the
availability of affordable housing for low and moderate income people in
targeted areas of Northwest Hennepin.
S 3A 10
Success By 6 Northwest, another coordination/collaboration initiative that the United Way
supports anc?the Council administers, focuses on the needs of young children and their
families. Issues that Success By 6 Northwest has addressed include education, early
childhood programs, health care, safety, and transportation. The following committees have
worked on these issi:es during 1993:
o The Transportation Committee has continued to look at transportation needs
of young children and their families in Northwest Hennepin County. Their
Transportation Report has been helpful in getting improvements in the area
transportation system. Activities of this Committee during 1993 include:
* Co-sponsored and participated in the Grand Opening of new
bus routes at Brookdale Mall for Route 82C.
* Supported the Northwest Corridor Transit Summit sponsored
by the MTC and the RTB.
* Presented information at the Fourth Annual Transportation
Research Conference.
o The Public Awareness Committee has sought to educate the community and
community decision makers about the needs of young children. They have
been active in creating an Agenda for the Legislature and also sponsoring
educational events in the community.
* The Success By 6 Northwest Birthday Party was held to
celebrate the importance of kids. Over 2,000 children attended
this event. Information was available covering topics related to
day care, early childhood programs, health, and safety issues.
o The Early Childhood Development Committee continues to look at ways to
better support the families with young children so that the children can be
prepared to succeed. Activities of this committee include:
* Participation in the Thorson Family Resource Center Open
House.
* A Grandparenis Workshop to address the needs of
grandparents who are taking care of their grandchildren.
Other collaborative efforts and networks which are a part of Northwest Hennepin Human
Services Council include:
o The Family Services Collaborative, which is a relatively new initiative, is
working on school/human services redesign.
o The Senior Services Network, which is made up of senior services providers
in the Northwest area, heard presentations about the National Eldercare
Program, Parish Nurse programs, senior housing, and "Helping Seniors Accept
Cultural Diversity."
�.: JAb
o The Family and Child Abuse Network continued to sponsor informational
meetings one of which featured a speaker from the Minnesota Committee for
the Prevention of Child Abuse. They also worked on the Domestic Violence
Forum.
PROGRAMS
Northwest Hennepin Human Services Council administers several programs that provide
resources and services in the community.
o The Emergency Services Program received FEMA and Homeless Prevention
dollars to augment the Hennepin County emergency funds during 1993.
o Surplus Commodities served 3,263 Northwest Hennepin households. Recipes,
child safety bags, and resource information were also available on distribution
days.
o Point Northwest expanded their staff to address homelessness prevention and
to meet the needs of runaway youth of color. Specific events that this
program sponsored include:
A fund-raiser cosponsored with Northern D�Lights, Brooklyn
Center Chamber, North Hennepin Chamber, and Northwest
Hennepin Human Services Council.
A Benefit Concert featuring Peter Himmelman and Jeff
Arundel at the Historic State Theater.
CONSULTATIONS
Consultations were provided to many entities during 1993 to provide assistance in planning
and the development of human services throughout Northwest Hennepin County. Among
these consultations were the following:
Northridge
Maxfield Research
The City of Osseo
The Citizens League
School District 281
Hamline University Graduate Program
The Hubert H. Humphrey Institute
The College of St. Catherine
Come Home to the Park
Lord of Life Church
North Hennepin Community College
Annex Teen Clinic
ANA
NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL STAFF
1994
Patricia Wilder
Executive Director
Stuart Macdonald
Assistant Director
Leslie Abadie
Community Organizer
Elizabeth Gardner
Project Coordinator
Joscelyn Gay
Project Coordinator
Dave Greeman
Project Coordinator
Kathy Langva
Secretary/Bookkeeper
Donna Martin
Planner
Anita Shoemaker
Emergency Services/Commodities Coordinator
Contractual
Assistance:
Terry
Donovan
Tricia LaRoy
Kris
Nelson
John Stiffin
Gary
Stout
Geneva
Williams
City Council
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447
May 30, 1994
Dear Mayor Tierney,
Z; A1C.
I am writing to you and the Council on behalf of the Plymouth -Wayzata Youth Baseball
Association and over 1,000 Plymouth households in regard to the CIP you will be approving in
the near future. Our plea to you is simple: approve the purchase of the proposed 9th Play field
and develop the park to include as many baseball fields as possible a year sooner than proposed.
The Plymouth -Wayzata Youth Baseball Association is one of two youth baseball organizations in
the Plymouth area. Currently we have 1,547 children from over 1,000 families in our baseball
program on 112 teams. A conservative estimate means we will try to serve over 2,400 children
from 1,700 families on 174 teams in the next 5 years. We won't be able to do that without 8 more
fields for our organization alone! The New Hope/Plymouth Baseball Association representing the
children in District 281 and about 65 teams is also desperate for additional fields.
The analysis of the parks and sporting facility needs conducted by Eric Blank and Dwight Johnson
is both accurate and timely and warrants your consideration. Our independent estimates of
growth are very much on par with their findings. The parks and sport complexes are a major
attraction of the City. Don't force us to turn children away because we don't have enough
baseball fields. The money is there for what we need. Approve the maximum expenditure for
development of the ninth play field in as few years as possible and start planning the acquisition
process for the tenth in this five year segment as well.
If you have any questions, please feel free to contact me or any member of the Board.
Sincerely,
K)thleen B. Thompson
Community Relations
PWYBA
244-0092 (office)
553-1174 (home)
Mary Mencken (Chairman) 553-1695
Kerry Harvey (Sec.)
473-5652
Bill Richardson (Treas.)
475-1258
Tom Hill (Pres)
476-6429
- `,1,� ?
476-0412
Lou Forsberg
551-0739
Ed Erickson
476-6739
Z; A1C.
I am writing to you and the Council on behalf of the Plymouth -Wayzata Youth Baseball
Association and over 1,000 Plymouth households in regard to the CIP you will be approving in
the near future. Our plea to you is simple: approve the purchase of the proposed 9th Play field
and develop the park to include as many baseball fields as possible a year sooner than proposed.
The Plymouth -Wayzata Youth Baseball Association is one of two youth baseball organizations in
the Plymouth area. Currently we have 1,547 children from over 1,000 families in our baseball
program on 112 teams. A conservative estimate means we will try to serve over 2,400 children
from 1,700 families on 174 teams in the next 5 years. We won't be able to do that without 8 more
fields for our organization alone! The New Hope/Plymouth Baseball Association representing the
children in District 281 and about 65 teams is also desperate for additional fields.
The analysis of the parks and sporting facility needs conducted by Eric Blank and Dwight Johnson
is both accurate and timely and warrants your consideration. Our independent estimates of
growth are very much on par with their findings. The parks and sport complexes are a major
attraction of the City. Don't force us to turn children away because we don't have enough
baseball fields. The money is there for what we need. Approve the maximum expenditure for
development of the ninth play field in as few years as possible and start planning the acquisition
process for the tenth in this five year segment as well.
If you have any questions, please feel free to contact me or any member of the Board.
Sincerely,
K)thleen B. Thompson
Community Relations
PWYBA
244-0092 (office)
553-1174 (home)
Mary Mencken (Chairman) 553-1695
Kerry Harvey (Sec.)
473-5652
Bill Richardson (Treas.)
475-1258
Tom Hill (Pres)
476-6429
Randy Darcy
476-0412
Lou Forsberg
551-0739
Ed Erickson
476-6739
Bill Fraley
476-0308
cc: David Anderson (550-5091), Sheryl Morrison (550-5068), Nicholas Granath (550-5092),
John Edson (550-5067), Carole Helliwell (550-5066), Chuck Lymangood (550-5093)
PLYMOUTH WAYZATA YOUTH BASEBALL ASSOCIATION (PWYBA)
* REPRESENTING DISTRICT 284
* REPRESENTING OVER 1,500 CHILDREN AND MORE THAN 1,000
PLYMOUTH HOUSEHOLDS.
* WITHIN THE NEXT 5 YEARS WE WILL REPRESENT 2,500 CHILDREN
AND 1,700 PLYMOUTH HOUSEHOLDS IF WE ONLY GROW BY 10%
EACH YEAR
1992 1,081 CHILDREN
1993
1,405
+30%
1994
1,547
+10.11%
1995
1,702
+10%
1996
1,872
+10%
1997
2,059
+10%
1998
2,265
+10%
1999
2,491
+10%
2000
2,741
+10%
i�
AS THE NUMBER OF CHILDREN INCREASES SO DOES THE NUMBER OF
TEAMS AND THE NEED FOR BASEBALL FIELDS AND PARK FACILITIES.
1992
1,081
78
TEAMS
1993
1,405
101
1994
1,547
112
15 FIELDS
1995
1,702
126
16
1996
1,872
137
18
1997
2,059
150
19
1998
2,265
159
20
1999
2,491
174
22
2000
2,741
194
24
BY THE YEAR 2000 WE WILL NEED 10 MORE BASEBALL FIELDS THAN WE HAVE
TODAY FOR DISTRICT 284 ALONE!
N
* THE NEEDS ANALYSIS PREPARED BY DWIGHT JOHNSON AND ERIC BLANK
CONSERVATIVELY OUTLINES THE PARK NEEDS OF PLYMOUTH FOR THE NEXT 5 YEARS FOR
ALL SPORTS.
* WE ASK THAT THE PLANNING COMMISSION RECOMMEND THAT THE CITY
* ACQUIRE THE NINTH PLAYFIELD AS OUTLINED IN THE CIP
* ACCELERATE THE DEVELOPMENT OF THE NINTH PLAYFIELD TO HAVE AT LEAST 4
BASEBALL FIELDS COMPLETED BY 1996 AND 4 ADDITIONAL FIELDS BY 1997
* FUND ACQUISITION OF A TENTH PLAYFIELD FOR ADDITIONAL FIELDS PAST YEAR
2000
AA
May 26, 1994
Mayor Joy Tierney
City of Plymouth
Plymouth, MN 55441
Dear Mayor Tierney:
We want to communicate our very serious objection to the widening of Zachary Lane to four lanes.
We recently bought in Mission Hills one block off Zachary Lane because of the quiet, peaceful
atmosphere. If that road is made into four lanes, it would only be a year or two before the traffic and
noise would be unbelievable. Consider the difference between Boone Avenue and Winnetka. Speed
along Winnetka is often at 50 miles per hour.
We sincerely hope you are not seriously considering endangering the area's children by widening
Zachary Lane past an elementary school and a large park complex.
Sincerely,
Bob and Judy Kaiser
y
V
June 1, 1994
Barbara L & Roy P. Heinrich
10915 38th Avenue North
544 0782
Mayor Joy Tierney, City Council Members
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Dear, Mayor and Council
=.-Aa
The subject of this letter is the proposal to widen Zachary Lane to 4 lanes from 36th Avenue
North to Bass Lake road. Because neighborhoods along Zachary are virtually complete and a two
lane road is adequate to carry traffic into these neighborhoods at this time we see no reason for
such a costly improvement. Zachary Lane should not be promoted as a 4 lane speedway to
r , avoid congestion on Hwy. 169.
Our primary concern is safety. Access to Zachary Lane school is onto Zachary, and there are
several parks and play fields. Even a two lane street can be difficult to cross since Minnesota
drivers pay little attention to pedestrian cross walks. A 4 lane road would be even more
hazardous, especially for children.
The environment is also an issue since Zachary travels through wetlands, which could be
damaged by a wider road. Also we don't want the noise and air pollution from the increased
traffic that would be promoted by a wider road.
Finally, where would the increased traffic go from the south end of Zachary? 36th Avenue is a
two lane road that already carries enough neighborhood traffic as it passes three schools,
Armstrong, Plymouth, and Pilgrim Lane and is already hazardous for children to cross. East
Medicine Lake Blvd. is also intended to be a 2 lane road and should be primarily a quiet
parkway where pedestrians and bikers can enjoy the lake views.
Please reconstruct Zachary Lane as a two lane minor collector with curb and gutter with
separate walking / bike path and lower the speed limit to 30 mph and do it soon! Do not force
through our neighborhood a 4 lane speedway that we neither need nor want.
Sincerely;
r:,
Dear Mr. Bock,
I read your recent article in the paper and had to respond.
I thought you might like to know that tax abatements etc. had nothing to do with the.tax
increase Plymouth residents received this year. As you can see from the attached page
from the Truth in Taxation Hearing in December 1993, that tax abatements actually helped
in bringing the tax rate down in 1994.
The unexpected $900,000 in abatements which caught all members of the Plymouth city
financial community by surprise was easily absorbed by the $1 million surplus the city had
in 1993.
The estimated tax abatements for 1994 have been adsorbed by the surplus in the 1994
budget.
The tax increase experienced in 1994 was 100% caused by increased property values,
school board increase, and the county. The city contributed nothing to the increase.
I am sure Mr. Hahn can explain this to you in greater detail.
Since r ly, '
Christopher E. Slack
Ward 1
Plymouth taxpicture
By Almon C. Bock III (reduce) the taxable value o
Guest Columnist some cases 1
When Plymouth residents
received their property -tax
statements, some of us were
shocked to see the increases.
Upon research, we found out
that the increase was fundamen-
tally caused by tax cancellations
and abatements.
In this, the first of what we
hope will be an ongoing dialogue
with the Plymouth Citizens
Financial Advisory Committee
(FAC), we will try to explain
what is happening.
Our city, like most local
governmental units, derives the
bulk of its revenue from taxes
levied ad valerum ("upon the
value") for commercial, in-
dustrial and residential proper-
ty in the city.
At any time a property owner
may petition a special county
tax court for a reduction in the
taxable value of the property,
and consequently, the taxes
upon it.
The overwhelming number of
recent cases have been brought
by the owners of commercial
property who have argued that
recent economic developments
have adversely affected proper-
ty values.
The tax court has nearly
always agreed with them. The
court may either "abate"
'=-
explained
r,
, Cance tax habili
altogether ... [and) the city
faces a revenue loss.
Many of the tax cases go back
two or three years because the
court is catching up on a large
backlog. Its decisions are ap-
plied retroactively; that is, the
taxable property values are
reduced as of the tax year for
which the petition was filed.
That means that the city will
not only suffer a revenue reduc-
tion in present and/or future
Years, but must also refund
some of the revenue already col-
lected and appropriated for city
operations.
That presents problems.
Streets, water and park projects
might need to be pushed back. It
also means that to raise the
same amount of revenue, the
tax rate must be raised. It could
also mean that some city ex-
penses must or should be
reduced.
For us residents, the last point
may be the most important.
We become accustomed to
police surveillance of our streets
every so many hours. We
become accustomed to having
our streets plowed curb -to -curb
follwoing a significant snowfall.
We become accustomed to ex-
panding park and recreation
programs.
There are problems with tax
m cancellations and abatements,
ty but there are also opportunities.
As citizens, one of our con-
stitutional rights is that of peti-
tioning our government for
redress of grievances. But if one
of those grievances is that our
taxes are rising to unacceptable
levels, we ought to be prepared
to recommend solutions.
What can some solutions be?
Perhaps privatization, reduc-
tion or elimination of certain ci-
ty services. Perhaps not accep-
ting the excessive regulations
and costs that go with accepting
federal funds. Perhaps en-
couraging large donations for
specific city purposes.
The fundamental question
may very well be; Which ser-
vices are appropriately provid-
ed by government, and which
are not?
Our city is a wonderful place
to live. Let's keep it that way,
and at the same time make our
Property -tax level fair,
equitable and productive.
Your input to the city and the
FAC is solicited. Our meetings
are public, on the second
Wednesday of every month. If
You can't be there to suggest
ideas, let Dale Hahn, the city
finance director, know of them, i
and he'll forward them to us.
Almon C. Bock III is chair of the
Plymouth Citizens Financial
Advisory Committee.
When we citizens received our property tax statements, many of us
were shocked to see the increases. Upon research, we found out
that the increase was fundamentally caused by tax cancellations and
abatem Most of the increase was in the school district levy,
not the Plymouth city levy. That doesn t make the increase more
bearable, but does show that the city, for taxes payable in 1994 at
least, was not greatly affected by these tax cancellations and
abatements.
It won't last. Citizens may expect to see tax increases for the
city in future years because of these tax ch_an es. What are these
chancres? How and why do they affect use ( In this, the first of
what we hope will be many letters from the Plymouth Citizens'
Financial Advisory Committee (the FAC), we will try to explain what
is happening.
Our city, like most local governmental units, derives the bulk of
its revenues from taxes levied ad valorem - "upon the value" - of
the commercial, industrial and residential ro ert in the cit .
There are ormu as or eterm'ni.ng t e taxable value of the
property in each class.
At any time an owner of any class of property in the city may
petition a special county tax court for a reduction in the taxable
value of the ro ert and conse uentl , the ad valorem taxes u on
it This may be done for various reasons, the most frequent of
which is that the owner feels the Pro ert is overvalued. The
overwhelming number of recent cases have been brought by the owners
Of commercial property, who have argued that recent economic
developments have adversely impacted property values.
The tax court has nearly always agreed with them. The court feels
t at t e assesse value o the property must more closely
approximate the value of the property in an arm's-length sales
trans i e courtmay el er a e re uce
value or in some cases "cancel" the tax liabilit alto ethere
Since the cit is a a er of some of this abated or cancelled tax
revenue, the city faces a revenue loss.
Many of the tax cases go back two or three years because the court
is catching up on a large backlog. Its decisions are applied
retroactively; that is, the taxable property values are reduced as
of the tax year for which the petition was filed. This means that
the city not only will suffer a revenue reduction in present and/or
future years, but must also REFUND some of the revenue already
collected and appropriated for city operations.
This resents problems. Cit Tans mi ht require revision.
Infrastructure (streets, water sup y prO c s
pro�ec s mi par s, a c.
g need to be pushed back. It also means that to raise
the same amount of revenue, the tax rate must be raised. It could
also mean that some city expenses must or should be reduced.
For us citizens, this last point may be the most important. We
MAP...
become accustomed to police surveillance of our streets every so
many hours. We become accustomed to having our streets plowed
curb -to -curb within so many hours of a significant snowfall. We
become accustomed to expansion of the parks and recreation
programs. We may tend to lose sight of the fact that, vastl
un i e e Federal government, the city of Plymouth is prohibite
by law from deficit spending.
There are problems with tax cancellations and abatements, but there
are also opportunities. As citizens, one of our constitutional
rights is that of petitioning our government for redress of
grievances. But if one of those grievances is that our taxes are
rising to unacceptable levels we ought to be prepared to recommend
solutions, The most hackneyed of phrases applies; if we want to b
part of a solution, we ought not to be part of a problem.
What can some solutions be? Perhaps privatization, reduction or
elimination of certain city services; perhaps not accepting the
excessive regulations and costs that go with accepting Federal
government funds; perhaps encouraging large donations for specific
City purposes. The fundamental question may very well be, which
services are appropriately provided by government and which are
not.
Our City is a wonderful place to live. Let's keep it that way and
at the same time make our property tax levels fair, equitable and
productive. Your input to the City and to the FAC is solicited.
Our meetings are public, held the second Wednesday of the month.
If you can't be there to suggest ideas, let Dale Hahn, the City
Finance Director, know of them, and he'll forward them to us.
rt,'
GENERAL PURPOSE LEVIES
General Fund
General Fund HACA
Infrastructure
Infrastructure HACA
Storm Sewer Tax Districts
Total General Purpose
=.- 4C.G
CITY OF PLYMOUTH
SPECIAL LEVIES
- Tax abatements and cancellations
1980 Park Bonds
1980 Storm Sewer Bonds
1987 Fire Station Bonds
City Special Assessments
HRA
HRA HACA
Total Special Levies
TOTAL ALL LEVIES
LESS:
HACA
Fiscal Disparity Tax
TAX CAPACITY VALUE
MARKET VALUE
1994 PROPOSED LEVY
1993 1994 1994
1993 TAX PROPOSED PROPOSED TAX
TAX LEVY CAPACITY RATE TAX LEVY CAPACITY RATE
$8,914,165
0
977,400
0
100,000
9.991.565
) C. `-"'. t`(`- (-:"
220,100
369,000
46,000
260,000
113,000
366,700
0
�JFEW-li 41
11,366,365
(1,804,064)
75f 4,301)
$8,808,000
$48,829,547
$2,812,929,500
-3-
18.26
$9,336,700
0.00
(1,361,100)
2.00
1,058,000
0.00
(500,000)
0.20
0
20.46
8,533,600
0.45
0
0.76
372,000
0.09
0
0.53
203,000
0.23
0
0.75
377,000
0_002(
3,900)
2.81
928,100
23.27 9,461,700
(3.69) 0
1.54 82( 0,700)
18.04 $8,641,000
$51,965,987
$2,951,794,600
17.97
(2.62)
2.04
( 0.97)
0.00
16.42
0
0.72
0
0.39
0
0.73
L0.051
1.79
18.21
0.00
(1.58)
16.63
{
CITY OF
PLYMOUTR
For Immediate Release
May 31, 1994
1 1A
S:3
For more Information:
Karol Greupner, 550-5139
COMPANIES ACCEPT SHAPE UP CHALLENGE
Plymouth Mayor Joy Tierney recognized companies that participated in an annual physical
fitness program, the Plymouth Shape -Up Challenge, at a May 27 awards ceremony. Fifteen
Plymouth -based companies joined in the 1994 challenge, a six week program promoting friendly
competition among work sites where their employees received points for exercising each week.
The 1994 Mayor's traveling trophies were awarded for average points per employee went to
Ryerson Steel, Wayzata Senior High School and the City of Plymouth. Dana Corporation,
Sauer -Sundstrand Co., Ryerson Steel, Gleason Lake Elementary School, Wayzata Senior High
and Midwest Custom Interiors took home plaques. The plaques recognized the highest average
points per participant and highest percentage of participation.
Other companies enrolled in this year's Shape -Up Challenge included: Wayzata East Junior
High School, Burgess Industries, Cady Communications, Twin City Optical, Avecor
Cardiovascular Inc., Schneider (USA) Inc. and Progress Casting Group. The Shape -Up
Challenge was coordinated by the Plymouth Parks and Recreation Department. For information
on how your company can be part of the 1995 Shape -Up Challenge, call Karol Gruepner at 550-
5139.
We Listen • We Solve • We Care
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550-5000
Do you struggle with questions about
what you and your elected colleagues
can and cannot do, as well as other
complexities of municipal law? You are
not alone. Almost everyone completing
a recent survey sent to those who have
been in office two years or less agreed.
This special update will provide an
opportunity'for you to learn the facts
in a fun -filled, but highly instructive
program. Scheduled on Tuesday, June
7 from 1:00 to 5:00 p.m. just prior to
the annual conference, this workshop
will focus on legalities related to a
variety of policy decisions facing
councils throughout Minnesota.
Special update for newly
elected officials to be.,offered
as pre-conferenc or sllc�p-.,al.
LMC annual c4 ��(crencc
your city:
e
Trios and Minnesota law
Ibc first part of the program will
include a discussion of several vignettes
(based on actual situations). A panel of
veteran elected officials will share what
they would do; several attorneys with
city experience will provide legal
perspectives; and then "the rest of the
story" will be revealed—what actually
happened.
During Part II, participants will have
the opportunity to tackle other
situations, working in facilitated small
groups and receiving feedback from
the faculty. There will be time to
address your concerns.
Although this training program has
been specifically created for elected
officials in office less than two years,
any mayor or councilmember is
welcome and will find it of value.
Special note: The session will
adjourn with plenty of time to enjoy
dinner in Saint Paul before the
evening conference kickoff featuring
Garrison Keillor at the World Theater.
To register, please send the registra-
tion form and payment to the League
of Minnesota Cities, 3490 Lexington
Ave. N., St. Paul, MN 55126. Contact
Darlyne Lang at (612) 490-5600 if you
have any questions.
F--------------------------------------1
Special Update for Newly Elected Officials:
Governing your city: Real life scenarios and Minnesota law
Tuesday, June 7, 1994 Name
1:00 to 5:00 p.m. I
Radisson St. Paul Hotel Title I
Registration fee (including materials and refreshments): Address
$35 per person in advance
$45 per person on-site City
I
( ) I
I Registration deadline: May 27, 1994 Phone
Please make check payable to the League of
Minnesota Cities and mail along with this regis-
(Please copy this form if you have more than one registra- tration to League of Minnesota Cities, 3490
I tion.) Lexington Ave. N., St. Paul, MN 55126. I
I
L -------------------------------------- J
S: -)Ab
PRESS RELEASE
For immediate release.
For more information, call Donna Martin at 493-2802.
The third annual "INVEST NORTHWEST" Awards were given by Northwest
Hennepin Human Services Council on May 5, 1994. Four awards were
given to individuals who are committed to meeting the human
services needs of others in the Northwest Hennepin area.
The "Invest Northwest" award is given to people and organizations
that have made significant contributions toward improving the lives
of residents of Northwest Hennepin County by helping to make human
services more available and accessible. Recipients have
demonstrated one or more of the following criteria:
1) Innovation and creativity in meeting human service needs.
2) Sustained activity in meeting human service needs over a
period of time (not necessarily in just one role or capacity) .
3) Inspiration of others to get involved in meeting human service
needs.
4) Tangible progress resulting from the person or organization's
activity.
Nomination forms were sent out to the community at large. Ten
nominations were made for the "Invest Northwest" Award. The awards
selection committee reviewed the nominations and ranked them based
on the above criteria. The committee also took into consideration
volunteerism and service above and beyond the call of duty. The
awards committee was made up of past recipients of the award and
representatives from the Northwest Hennepin Human Services
Council's Advisory Commission and Executive Board.
The selection process was challenging because all the candidates
give a great deal of time and effort to their community. The
awards selection committee chose the following nominees who were
then approved by the Executive Board to receive the award:
Ray Weyker is an example to all about doing what we can, when we
can, to improve our neighborhoods and to improve the quality of
life of others. Ray is a small business owner who puts many hours
in at work. Thus, he can not participate in many organized
volunteer efforts. Instead, he assists his elderly or vulnerable
neighbors by mowing, raking, removing snow, and other general
household maintenance chores. For thirty years one neighbor, who
was blind and elderly, was able to stay in home because Ray
"adopted" her outside work.
Ove r
ZWD
1993 AGENCY HIGHLIGHTS
NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL
7601 Kentucky Avenue North
Suite 101
Brooklyn Park, MN 55428
(612) 493-2802
fax (612) 293-2713
S• Ab
* A Renters Rights and Responsibilities Forum.
o The Island Community Project continued addressing the needs of residents
in manufactured home parks including the development of a ballfield in
Dayton, the creation of a city park in Corcoran, improving water quality and
pressure in the parks, and providing a Point Northwest counselor to work with
youth. Residents held numerous meetings with park management and city
council members to discuss issues of mutual concern. Information packets
were also distributed throughout the parks.
o The Northwest Mental Health Advisory Committee sponsored many activities
in 1993 to meet their main goal of educating the community about mental
illness. These activities included:
* An Open Meeting with Hennepin County Commissioners.
* Co -sponsoring a Day On the Hill meeting with state legislators.
* An Open House at the NW Community Support Program
featuring Julie Tallard Johnson and associates.
* Co -sponsoring a forum with the NW YMCA called "Depression:
Just the Blues?"
o The Senior Leadership Committee continued to gather information about
senior needs and programs in the northwest area to meet those needs. Topics
that they addressed in 1993 include: transportation, the Senior Law Project,
Metropolitan Councils Generation Project, Social Security policies, Medicare
policies, and the nutritional needs of seniors. They sponsored their annual
Spring Forum in April:
* "Seniors, Rights and Responsibilities: What You Need to Know
When Planning for Your Medical and Financial Future."
o Work on Cultural Diversity continued throughout 1993. The Council worked
with the Robbinsdale School District in formulating a response to the anti-
Semitic activities. The Council also worked with New Hope in developing a
Human Rights Commission. Some of the Cultural Diversity events include:
* Participated in District 281 workshop for Volunteers on
diversity.
Provided training to city department heads and assistant
department heads.
* Held a bias response plan meeting.
Participated in Can,t We Just All Get Along sponsored by
District 281.
o The Council sponsored a Policy -Makers Briefing for key decision -makers in
the Northwest area. This briefing provided information about demographics,
policy issues, and local initiatives to help inform policy -makers of the areas
needs.
Ab
Success By 6 Northwest, another coordination/collaboration initiative that the United Way
supports ad the Council administers, focuses on the needs of young children and their
families. Issues that Success By 6 Northwest has addressed include education, early
childhood programs, health care, safety, and transportation. The following committees have
worked on these issues during 1993:
o The Transportation Committee has continued to look at transportation needs
of young children and their families in Northwest Hennepin County. Their
Transportation Report has been helpful in getting improvements in the area
transportation system. Activities of this Committee during 1993 include:
* Co-sponsored and participated in the Grand Opening of new
bus routes at Brookdale Mall for Route 82C.
* Supported the Northwest Corridor Transit Summit sponsored
by the MTC and the RTB.
* Presented information at the Fourth Annual Transportation
Research Conference.
o The Public Awareness Committee has sought to educate the community and
community decision makers about the needs of young children. They have
been active in creating an Agenda for the Legislature and also sponsoring
educational events in the community.
* The Success By 6 Northwest Birthday Party was held to
celebrate the importance of kids. Over 2,000 children attended
this event. Information was available covering topics related to
day care, early childhood programs, health, and safety issues.
o The Early Childhood Development Committee continues to look at ways to
better support the families with young children so that the children can be
prepared to succeed. Activities of this committee include:
* Participation in the Thorson Family Resource Center Open
House. ,
* A Grandparents Workshop to address the needs of
grandparents who are taking care of their grandchildren.
Other collaborative efforts and networks which are a part of Northwest Hennepin Human
Services Council include:
o The Family Services Collaborative, which is a relatively new initiative, is
working on school/human services redesign.
o The Senior Services Network, which is made up of senior services providers
in the Northwest area, heard presentations about the National Eldercare
Program, Parish Nurse programs, senior housing, and "Helping Seniors Accept
Cultural Diversity."
Ab
NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL STAFF
1994
Patricia Wilder
Executive Director
Stuart Macdonald
Assistant Director
Leslie Abadie
Community Organizer
Elizabeth Gardner
Project Coordinator
Joscelyn Gay
Project Coordinator
Dave Greeman
Project Coordinator
Kathy Langva
Secretary/Bookkeeper
Donna Martin
Planner
Anita Shoemaker
Emergency Services/Commodities Coordinator
Contractual Assistance:
Terry Donovan
Tricia LaRoy
Kris Nelson
John Stiffin
Gary Stout
Geneva Williams
PLYMOUTH WAYZATA YOUTH BASEBALL ASSOCIATION (PWYBA)
* REPRESENTING DISTRICT 284
* REPRESENTING OVER 1,500 CHILDREN AND MORE THAN 1,000
PLYMOUTH HOUSEHOLDS.
* WITHIN THE NEXT 5 YEARS WE WILL REPRESENT 2,500 CHILDREN
AND 1,700 PLYMOUTH HOUSEHOLDS IF WE ONLY GROW BY 10%
EACH YEAR
1992 1,081 CHILDREN
1993
1,405
+30%
1994
1,547
+10.11%
1995
1,702
+10%
1996
1,872
+10%
1997
2,059
+10%
1998
2,265
+10%
1999
2,491
+10%
2000
2,741
+10%
i►
* THE NEEDS ANALYSIS PREPARED BY DWIGHT JOHNSON AND ERIC BLANK
CONSERVATIVELY OUTLINES THE PARK NEEDS OF PLYMOUTH FOR THE NEXT 5 YEARS FOR
ALL SPORTS.
* WE ASK THAT THE PLANNING COMMISSION RECOMMEND THAT THE CITY
* ACQUIRE THE NINTH PLAYFIELD AS OUTLINED IN THE CIP
* ACCELERATE THE DEVELOPMENT OF THE NINTH PLAYFIELD TO HAVE AT LEAST 4
BASEBALL FIELDS COMPLETED BY 1996 AND 4 ADDITIONAL FIELDS BY 1997
* FUND ACQUISITION OF A TENTH PLAYFIELD FOR ADDITIONAL FIELDS PAST YEAR
2000
M.4%A
June 1, 1994
Barbara L & Roy P. Heinrich
10915 38th Avenue North
544 0782
Mayor Joy Tierney, City Council Members L
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447 w�
Dear, Mayor and Council
The subject of this letter is the proposal to widen Zachary Lane to 4 lanes from 36th Avenue
North to Bass Lake road. Because neighborhoods along Zachary are virtually complete and a two
lane road is adequate to carry traffic into these neighborhoods at this time we see no reason for
such a costly improvement. Zachary Lane should not be promoted as a 4 lane speedway to
T.= avoid congestion on Hwy. 169.
Our primary concern is safety. Access to Zachary Lane school is onto Zachary, and there are
several parks and play fields. Even a two lane street can be difficult to cross since Minnesota
drivers pay little attention to pedestrian cross walks. A 4 lane road would be even more
hazardous, especially for children.
The environment is also an issue since Zachary travels through wetlands, which could be
damaged by a wider road. Also we don't want the noise and air pollution from the increased
traffic that would be promoted by a wider road.
Finally, where would the increased traffic go from the south end of Zachary? 36th Avenue is a
two lane road that already carries enough neighborhood traffic as it passes three schools,
Armstrong, Plymouth, and Pilgrim Lane and is already hazardous for children to cross. East
Medicine Lake Blvd. is also intended to be a 2 lane road and should be primarily a quiet
parkway where pedestrians and bikers can enjoy the lake views.
Please reconstruct Zachary Lane as a two lane minor collector with curb and gutter with
separate walking / bike path and lower the speed limit to 30 mph and do it soon! Do not force
through our neighborhood a 4 lane speedway that we neither need nor want.
Sincerely;
M -Ar'...
become accustomed to police surveillance of our streets every so
many hours. We become accustomed to having our streets plowed
curb -to -curb within so many hours of a significant snowfall. We
become accustomed to expansion of the parks and recreation
programs. We may tend to lose sight ot the fact that, vast 1
MIRE e e Federal government, the city of Plymouth is prohibits
by law from deficit spending.
There are problems with tax cancellations and abatements, but there
are also opportunities. As citizens, one of our constitutional
rights is that of petitioning our government for redress of
grievances. But if one of those grievances is that our taxes are
rising to unacceptable levels we ought to be prepared to recommend
solutions The most hackneyed of phrases applies; if we want to b
part of a solution, we ought not to be part of a problem.
What can some solutions be? Perhaps privatization, reduction or
elimination of certain city services; perhaps not accepting the
excessive regulations and costs that go with accepting Federal
government funds; perhaps encouraging large donations for specific
City purposes. The fundamental question may very well be, which
services are appropriately provided by government and which are
not.
Our City is a wonderful place to live. Let's keep it that way and
at the same time make our -property tax levels fair, equitable and
productive. Your input to the City and to the FAC is solicited.
Our meetings are public, held the second Wednesday of the month.
If you can't be there to suggest ideas, let Dale Hahn, the City
Finance Director, know of them, and he'll forward them to us.
League of Minnesota Cities
3490 Lexington Avenue North
St. Paul, NIN 55126
(612) 490-5600
May 27, 1994
TO: All City Managers, Administrators, Clerks
FROM: James F. Miller, Executive Director
SUBJECT: Board of Directors Nominations
I need your immediate help! The nomination process for the Board of Directors has been
extended to Friday, June 3, 1994. To date, we have not received any nominations for the
four Board positions (two metro and two Greater Minnesota).
For the League to be viable, we need a diverse and committed Board of Directors. Please
think about applying or encouraging one of your elected officials to do so.
I have eiiciosed a copy of the nomination form, iii your conve�►ience.
Enc.
J— JA V
Nomination Form -- LMC Board of Directors
PLEASE BE AS DETAILED AS POSSIBLE.
Name:
Title:
Address: City/Zip:
Home Phone: U Work Phone: (_)
1. Length of service in your present position: years
rte,
2. Other municipal position(s) you have held and the number of years.
3. Previous League experience (e.g. committees, conferences, affiliate organizations,
etc.)
4. Attendance record as committee members:
5. Can you complete a full three-year term as a board member?
6. Are you applying for:
Please select one:
President 1st Vice President 2nd Vice President Director
Please attach other material which may be useful to the Nominating Committee during their
deliberations, i.e., your resume.
PLEASE RETURN THIS FORM BY JUNE,!`TO:
James F. Miller
League of Minnesota Cities
3490 Lexington Avenue North
St. Paul, MN 55126
June 1, 1994
Mr. Robert Fasching
Water and Sewer Supervisor
Mr. James Ritter
Utility Operator
Dear Bob and Jim,
I received a copy of the Northern States Power report detailing the savings in
electricity costs which you have helped the City realize since the beginning of 1993.
The $91,000 figure is very substantial, and I want to extend my thanks and
appreciation for a job well done. Your efforts to increase the City's energy efficiency
have shown tangible results and very tangible savings to taxpayers. Employees such as
you serve as a bright example of what's right with government workers.
Again, thank you for your initiative, for your perseverance, and for taking
action to save the City significant power costs.
Sincerely,
Dwight Johnson
City Manager
cc: Mayor & City Council
We Listen • We Solve • We Care
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550-5000
City of Plymouth
Department of Public Works
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Attention: Robert Fasching/Jim Ritter
Bob and Jim,
• —1
Northem States Power Company
Minnetonka Area
5505 County Road 19
Excelsior, Minnesota 55331-8565
Telephone (612) 474-8881
23 May, 1994
Thank you for the opportunity to work with you and the city's energy efficiency needs. Just as a periodic
update, the attached pages show the savings seen by the City of Plymouth for the Special Meter Reading
Activity we instituted at the beginning of 1993. To date the best estimate I have is that there has been a
benefit to the city of greater than, or equal to, $91,000.00. The graph below shows how each facility is
contributing to that total. Note that Well #1 (Treatment Plant) doesn't show a savings since it operates
continuously.
Well #7
15%
Well #12 Well #13
-- Well #5
9%
Vell #2
14%
Our Meter Department has undergone several changes over the last year that involved both personnel and
materials. We are trying to get our special reading activity back to its dependable status, however, I appreciate
your patience while we re-establish this activity. I will continue to call you (Bob Fasching at 550-7492) prior
to the scheduled read dates, however, please keep the weather in mind. Inclement weather will directly effect
the reading schedules.
Regards,
/•
to
James H. Rhodes
Lead Sales Representative
Well #
City of Plymouth .
Special Meter Reading Activity
(wells and Treatment Plant)
Normal Mo. kW Est.Costs Mo. kW Cum. Est.Costs Est. Total
Address Meter # kW Use @ 0 Avoided < 30% kW Use Avoided Savings
2
14910 25th Ave. N.
078727893
3
14800 25th Ave. N.
081888875
5
14900 23rd Ave. N.
081888902
6
2305 Fernbrook Ln.
078941203
7
14655 21st Ave. N.
079152716
12
1430121 st Ave. N.
078787182
13
15049 21st Ave. N.
089660576
1*
14800 23rd Ave. N.
001024650
* Treatment Plant
All numbers assume an average kW Cost of $6.96
Data Sheets attached
$50,537 $41,322 $91,858
H
Estimates from 1/93 reading (2/16/93) to 5/23/94
4
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_All_ Callan Publishing, Incorporated
(wh` %�j\zata &iule%urd • Nhnnearvhi . \1\ Gc.l_h • nl: 5-LI-L)WO
June 1, 1994
Police Administration
City of Plymouth
3400 Plvmouth Blvd.
Plymouth, MN 55447
Ladies and Gentlemen,
I am writing to comment on an incident which occurred Monday night, May 30, and which
involved at least two of your officers. I learned yesterday that the officers names are David
Groth and David Thompson. For some reason, I thought a third officer was involved, but the
woman who checked the report had only these two names for me.
The incident unfolded at approximately 9:20 PM on public property adjacent to my home at
11515 61st Ave. North. This is a swampy area at the southeast end of Pike Lake. A jogger
apparently heard a cry for help coming from the direction of the swamp and alerted me. My son
and I entered the swamp area to verify the jogger's report and to attempt to determine whether
or not an emergency actually existed. I called out into the darkness and engaged a young man
in conversation. My son returned to our house and told my wife to call 911 and request
assistance.
I continued to try to make my way through the swamp toward the young man, all the while
trying to maintain. a (shouting) conversation with him in an effort to assure him he would be
okay and that help would soon be there.
Your officers were on the scene almost immediately, certainly within a few minutes. They
entered the swamp without the slightest hesitation and promptly took control of the situation.
Using flashlights, they found their way to the young man, pulled him free of the swamp and
escorted him back to dry land. One of the officers carried his bicycle to safety as well. (I never
did hear how he managed to get into the swamp with his bicycle!) The young man was wet,
cold and a little frightened, but he seemed otherwise fine. One of the officers gave him a ride
home.
7=- 16\\%,
Police Administration
June 1, 1994
Page 2
I know that this incident isn't a big deal in the routine of our city's police officers. Clearly, it
isn't very high up the scale of "high risk" police duty either. But it is a big deal to the kid in
the swamp, it probably is a big deal to the kid's mother, and it surelv is a big deal to my son,
age 16, who had the opportunity to observe officers of Plymouth P.D. not doing traffic
enforcement, not breaking up a "loud" party or in some manner keeping the kids (in their minds)
from having a good time. Rather, he observed these police officers doing what you and I know
they do almost all of the time -- acting decisively and absolutely professionally in rendering
public service.
I would be most grateful if someone in the department would convey to officers Groth and
Thompson my thanks and gratitude, the thanks and gratitude of a quite satisfied citizen.
Cordially,
�R /
C
John DeHaven
Plymouth, MN