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HomeMy WebLinkAboutCouncil Information Memorandum 04-14-1994APRIL 14, 1994 UPCOMING MEETINGS AND EVENTS .... 1. CITY COUNCIL MEETING SCHEDULE FOR APRIL: APRIL 18 7:00 P.M. COUNCIL MEETING City Council Chambers ---------------------------------------------------------------------------------------------------------- APRIL 25 6:00 P.M. JOINT MEETING WITH DISTRICT 284 SCHOOL BOARD Public Safety Conference Room 7:30 P.M. BOARD OF REVIEW (Reconvene) City Council Chambers APRIL 30 8:00 A.M. COUNCIL STUDY SESSION - Work Program Public Safety Conference Room 2. PLYMOUTH ADVISORY COMMITTEE ON TRANSIT (PACT)-- WEDNESDAY, APRIL 20, 7:00 P.M. City Council Conference Room . 3. HRA -- THURSDAY, APRIL 21, 7:00 P.M., City Council Conference Room. Agenda attached. (M-3) 4. METRO MEETINGS & DIGEST -- The weekly calendar of meetings for the Metropolitan Council and its advisory commission is attached. (M-4) 5. MEETING CALENDARS - City Council and City Center calendars are attached. (M-5) 'OO :: ">' CITY COUNCIL INFORMATION MEMO April 14, 1994 Page 2 1. MINUTES & AGENDAS: a. Planning Commission, March 23, 1994 (I -la) b. Human Rights Commission, April 7, 1994. (I -lb) c. School District 281, Board of Education, March 21, 1994. (I -lc) d. Shingle Creek Watershed Management Commission, April 14 agenda, February 10, 1994 Minutes. (I -4d) e. School District 284, Board of Education, April 11, 1994 Agenda. (I -le) 2. FIRE DEPARTMENT REPORT --April 1 - 7, 1994. (I-2) 3. CITIES BULLETIN -- A copy of the April 8 issue is attached. (I-3) 4. MEMOS & CORRESPONDENCE: a. Letters from Bob Renner, Municipal Legislative Commission, giving an legislative update. (I -4a) b. Letters to Mayors or Orono and Wayzata from Joy Tierney, regarding the status of the boundary changes for Ferndale Road. (I -4b) c. Letter from residents in the Oxbow neighborhood, to City Council, on the location of the proposed city neighborhood park. (I -4c) d. Memo from Eric Blank giving a summary of 1993 police reports relating to city parks and trails. (I -4d) e. Letter of congratulations to the Zachary Lane Chess Team from Mayor Tierney. (I - 4e) f. Letter from Marguerite Schiebe, Plymouth resident, to Mayor Tierney, regarding Senior Housing projects. (I -4f) g. Letter from Minnesota Pollution Control Agency to Bridget Jodel, 10100 South Shore Drive, regarding an alleged oil discharge from Reyerson Steel into Medicine Lake. (I -4g) h. Letter sent to therapeutic massage licensees advising of an April 26 meeting on the proposed massage ordinance. (I -4h) i. Letter from Senator Gen Olson to Laurie Rauenhorst regarding legislation on mandatory term limits for elected government officials. (I -4i) CITY COUNCIL INFORMATION MENTO April 14, 1994 Page 3 j. Memo from Craig Gerdes regarding goose relocation/alternative environmental assessment worksheet. (I -4j) Dwight D. Johnson City Manager M-3 1. Call to Order 2. Approval of March 17, 1994 Minutes 3. Tax Forfeiture Lot Available 4. Senior Housing Project Update 5. Metro Council Housing Activities Survey 6. Community Builders Proposal 7. Information Items a. Family Self -Sufficiency Steering Committee b. First Time Homebuyers Program C. Rehabilitation Grant/Loan Program d. Hammer Residences 8. Other Business 9. Adjournment (hra0417) METRO MEETINGS A weekly calendar of meetings and agenda items for the Metropolitan Council, its advisory and standing committees, and six regional commissions: Metropolitan Airports Commission, Metropolitan Parks and Open Space Commission, Metropolitan Sports Facilities CommissiM Metropolitan Transit Commission, Metropolitan Waste Control Commission and Regional ransit Board. Meeting times and agendas are occasionally changed. Questions about meet' .5hould be directed to the appropriate organization. �•` �.T.';. '� r^ DATE: April 8, 1994 �_� Y$fi..:`: t ` �-a WEEKS OF: Apr. 11 - Apr. 22, 1994 \01, N METROPOLITAN COUNCIL. Metropolitan Waste Management Advisory Committee - Tuesday, Apr. 12, 2 p.m., Chambers. The committee will consider: an update on final report on management of construction and demolition wastes and nonhazardous industrial wastes; an update on the status of abatement grants; a review of the draft Comparative Economic Analysis of Regional MSW and Recyclables Collection Strategies Study; and other business. Public Information Open House on Regional Blueprint - Tuesday, Apr. 12, 4 - 6:30 p.m., Blaine City Hall, 9150 Central Ave. NE, Blaine. Library Study Advisory Committee - Wednesday, Apr. 13, 4 p.m., Room 1A. The committee will consider the draft committee report outline, and discuss models in new technologies to be included in planning and coordination. Chair's Informal Meeting with Council Members - Thursday, Apr. 14, 3 p.m., Chair's Office. Metropolitan Council - Thursday, Apr. 14, 4 p.m., Chambers. The council will consider. Metropolitan Waste Control Commission 1994-2010 implementation plan; Hennepin County designation ordinance amendment; a contract with R.L. Banks and Associates to prepare a study of the Twin Cities region's intermodal terminal needs; a requested delay for Aging Program spin-off; and other business. Committee of the Whole - Thursday, Apr. 14, immediately following the Council meeting, Chambers. The committee will consider: personnel report for March 1994; conditional use permits, land use change for Marshan Township; preliminary applications to the right-of-way acquisition loan fund by Chanhassen, Chaska and Eden Prairie; and other business. The committee will also discuss potential metropolitan government reorganization and be briefed on ISTEA project selection process. Legislative Coordinating Group - Friday, Apr. 15, Noon, Room 1A. TENTATIVE MEETINGS THE WEEK OF APR. 18 - APR. 22, 1994 Chaiu's Informal Breakfast Meeting with Council Members - Tuesday, Aprl 19, 8 a.m., location to be determined. Housing Redevelopment Authority Advisory Committee - Wednesday, Apr. 20,930 a.m., Rooms 1B & 1C. Transportation Advisory Board - Wednesday, Apr. 20, 2 p.m., Chambers. � ''- -` Public Information Open House on Regional Blueprint - Wednesday, Apr. 20, 4 - 630 pm., Minnetonka Community Center, 14600 Minnetonka Blvd., Minnetonka. Chair's Advisory Committee - Wednesday, Apr. 20., 7 p.m., Chambers. Managing Minnesota's Rivers and Watersheds Conference - Thursday, Apr. 21 and Friday, Apr. 22, 8:30 a.m., Minneapolis Convention Center. Chair's Informal Meeting with Council Members - Thursday, Apr. 21, 3 p.m., Chair's Office. Metropolitan Council - Thursday, Apr. 21, 4 p.m., Chambers. Committee of the Whole - Thursday, Apr. 21, immediately following the Council meeting, Chambers. Advisory Committee on Aging - Friday, Apr. 22, 9 a.m., Chambers. Legislative Coordinating Group - Friday, Apr. 22, Noon, Room IA. The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St., St. Paul. Meeting times and agenda are subject to change. For more information or confirmation of meetings, call 291-6447, (TDD 291-0904). REGIONAL TRANSIT BOARD Administration and Finance Committee - Monday, Apr. 11, 4 p.m., Chambers. The committee will consider: January financial statements; Metropolitan Transit Education Plan implementation - (production and airing of radio spots; production and display of billboards); requests for capital funding from DARTS and the city of Shorewood; request for amendments to Minnesota Department of Transportation 1993 contracts for ridesharing and travel demand management; and other business. Providers Advisory Committee - Thursday, Apr. 14, 10:30 a.m., Room 2A. The committee will discuss: Accessible Regular Route Implementation Plan; Five -Year Transit Plan (Chapter 3); updated competitive bidding guildlines; legislative update; and other business. Meetings are subject to change; please call to confirm. The Regional Transit Board offices is located at on the seventh floor of Mears Park Centre, 230 E. Fifth St., St. Paul, MN 55101. For more information or confirmation of the meetings, call the RTB office at 292-8789. METROPOLITAN PARKS AND OPEN SPACE COMMISSION Commission Meeting - Tuesday, Apr. 12, 4 p.m., Chambers. The Commission will consider. a request for reimbursement to Hennepin Parks for Bryant Lake Regional Park; Eurasian Water Milfoil natural resource development grant; North Mississippi Regional Park development grant to Minneapolis Park and Recreation Board; a request to fund cooperative recreation research with University of Minnesota and Department of Natural Resources; legislative update; and other business. Metropolitan Parks and Open Space Commission offices are located at Mears Park Centre, 230 E. Fifth St., St. Paul, MN 55101. Meeting times and agenda must occasionally be changed. To verify meeting schedules or agenda items, call 291-6602. M - L` METROPOLITAN SPORTS FACILITIES COMMISSION Intergovernmental Relations Committee - Wednesday, Apr. 13, 8 a.m., Kelly Inn, I-94 and Marion, St. Paul. The committee will discuss current legislative issues and receive an update from legislative representatives regarding recent legislative issues. Joint Finance and Capital Improvements Committees - Wednesday, Apr. 13,1030 a.m., Commission office conference room. The committees will continue discussions regarding the proposed Metrodome expansion project. The Metropolitan Sports Facilities Commission office is located at 900 South 5th St., Minneapolis, MN 55415. Meeting times and agendas occasionally must be changed. To verify meeting schedules and agenda items, please call Tamra Sharp, 335-3310. \ \ \--)--1 A digest of the activities of the Metropolitan Council, Metropolitan Airports Commission, Metropolitan Parks and Open Space Commission, Metropolitan Sports Facilities Commission, Metropolitan Transit Commission, Metropolitan Waste Control Commission, and Regional Transit Board for the month of March. Call the commission concerned with any inquiries. Apr. 8, 1994 MetroPO&M council The Metropolitan Council is located at Mears Park Centre, 230 Z Fifth St., St. Paul, MN, 55101. For more information about Council items, call 291-6359 (TDD: 291-0904), +V Metropolitan Council Council activities in March: Council accepts draft of new Blueprint plan for the region's future and sets hearing dates to obtain public's response The Council has begun the process of public discussion on The Regional Blueprint, an action plan to guide the future of the Twin Cities metropolitan area. The Blueprint outlines strategies for five major regional issues: - promote the economic growth of the region as a whole; - break the cycle of poverty, crime and disinvestment in distressed areas; - guide growth in the region; - preserve and enhance the region's natural environment; - promote effective and efficient delivery of public services. Although the draft already reflects the collaborative efforts of both private and public sectors in the Blueprint process, the Council has scheduled a series of five public open houses as the next step in providing information about the Blueprint and getting public reaction to it. The open houses will be held in Blaine, Minnetonka, Minneapolis, Apple Valley and Oakdale during April and the first week of May. They will also set the stage for two important public hearings scheduled for May 19 and 20 in the Council Chambers at 230 East Fifth St. in downtown St Paul. Copies of the draft can be obtained by calling 291-8140. Other information about the Blueprint can be obtained by calling the Blueprint Information Line at 291-6611 (voice) or 291-0904 (TDD). Most counties make progress on groundwater plans The Council has recommended that the Minnesota Board of Water and Soil Resources approve Hennepin County's groundwater plan with the following stipulations: - work with watershed authorities in the county to coordinate plans for addressing groundwater and surface water issues; - provide cost estimates so the Council can comply with the legislative mandate of analyzing funding needs; - address the groundwater issues at airports in the county, especially Minneapolis -St. Paul International (MSP). Potential sources of groundwater contamination at the airport include storage and use of fuel, deicers and maintenance chemicals; - clarify the jurisdiction questions in the area of Fort Snelling, MSP and adjacent federal property. Hennepin County was complimented for its plans to create a hydrogeologic data base and to implement conservation practices. It was also congratulated for its voluntary participation in the plan. Ramsey, Scott and Washington counties are at various stages in developing groundwater plans. Carver and Dakota counties have completed plans. Anoka County is not participating at this time. In other actions, the Council: e Submitted a report on air quality in the Twin Cities area in 1992 to the U.S. Environmental Protection Agency (EPA). The report summarizes data on carbon monoxide and ozone levels that are monitored at several sites in the Twin Cities area. No violations were reported, compared to 1991 when one violation occurred. However, the report also predicts that traffic congestion will increase at locations throughout the region in coming years and the region will be challenged to meet EPA standards. • Authorized a contract for satellite photos of the region's land cover. The contract with the University of Minnesota Remote Sensing Laboratory is to provide the data needed to estimate watershed pollution loads. The estimates were mandated by the Minnesota legislature. • Authorized a contract with the Metropolitan Waste Control Commission of $39,000 for chemical analysis of water samples collected from metropolitan lakes. • Approved a Lake Elmo Comprehensive plan amendment for 464 acres. It changes a land use designation that increases housing density and increases potential dwelling units to 81. • Confirmed the appointment of Donn Wiski of Roseville to the Transportation Advisory Board. • Adopted a debt -management policy for the Council and metropolitan agencies. The policy pertains to long-term debts (three or more years) used to finance regional services and capital facilities. • Authorized the Metropolitan Parks and Open Space Commission to set priorities for the projects it is requesting the Minnesota legislature to fund. • Approved reimbursement of $128,333 to Dakota County for construction of a campground building in Lake Byllesby Regional Park. • Approved the use of $73,000 in regional park funds to purchase a parcel of private property in Lebanon Hills Regional Park • Approved reimbursement of $28,690 to Dakota County for acquisition of a parcel of private land in Lake Byllesby Regional Park • Approved a planning assistance loan of $30,000 to Farmington for creation of a new tributary to the Vermillion river. The project is designed to stem the flow of raw sewage into the river. Construction is scheduled for this spring. • Authorized grant agreements totalling $60,000 with two private firms to study the flow of solid waste and recyclable materials. The agreements call for an analysis of how much waste is leaving, or may leave, the metropolitan area and the subsequent impact on the region. • Approved clarification of the Council's position on legislation dealing with metropolitan governance. The Council reaffirmed its support of a full time chair, and gubernatorial appointment of the 16 members for four-year staggered terms. The Council also authorized its legislative coordination committee to review the issue of member compensation. • Approved an amendment to the 1994 budget for a $71,500 increase to hire consultant services for the 800 megahertz radio project. • Approved submission of the Metro HIWs Family Self -Sufficiency Program action plan to the U.S. Department of Housing and Urban Development. • Approved a plan amendment for Bayport to extend the metropolitan urban service area (MUSA) line by 49.5 acres to accommodate an expansion of the Andersen Window Corporation. Land use designations on 245 acres would change from agricultural and residential to industrial. • Heard a report on a proposal for a spinoff of the Council's Aging program and funding for the first several years of the new organization's operation. 0 Approved a planning grant of $27,000 to the Dakota County Township Officers Association for costs associated with the dual track airport process. The request follows the selection by the Metropolitan Airports Commission of a potential site for a new major airport in Dakota County. Funding is contingent on the Council receiving a federal airport planning grant. • Authorized requests -for -proposals for consultant assistance to the Council in the airport dual -track planning process. Consultant hiring is contingent on grant funding from the Federal Aviation Administration (FAA). Public Meetings and Hearings Anyone interested in the Regional Blueprint is encouraged to participate in one or more of five Public Information Open Houses. Open houses are scheduled to run from 4:00 to 6:30 p.m. at these locations: - Tuesday, April 12 at Blaine City Hall; - Wednesday, April 20 at Minnetonka Community Center; - Monday, April 25 at Sabathani Community Center in Minneapolis; - Wednesday, April 27 at Dakota County Western Service Center in Apple Valley; - Wednesday, May 4 at Oakdale City Hall. Call the Blueprint Information Line at 291- 6611 (voice) or 291-0904 (TDD) for more information. New Publications Council publications are available from the Council's Data Center. For a free and complete list of publications, write the Metropolitan Council Data Center, 230 E. Fifth St., St. Paul, MN 55101, or call 291- 8140. There is a charge for some publications. These publications can also be read at major public libraries in the Metro Area. A list of recent Council publications is � A) -L-\ �� • , j lir available in the Metro Voice. If you wish to receive a monthly copy of the Metro Voice, you can be placed on the mailing list by calling Carol Berens at 291-6447. The Voice provides background articles and columns on regional issues and Council programs. Metropolitan Commission Activities Metropolitan Parks and Open Space Commission The Commission: * Held a special meeting to act on a legislative request to set priorities on the $14.8 million being sought from the legislature for capital improvements in regional parks. The Council plans to match its request with $9.9 million of regional bonds. The parks commission offices are located at Mears Park Centre, 230 E. Fifth St., St. Paul, 55101. For more information, call 291-6602. Regional Transit Board lite Board: • Authorized an agreement to settle a class action suit involving the operation of Metro Mobility. • Authorized a contract, not to exceed $650,000, with the Metropolitan Transit Commission to provide Minnesota Rideshare services. • Authorized issuance of a request -for - proposal for a new Metro Mobility service coordinator. • Authorized a contract, not to exceed $29,700, with the Minnesota Department of Administration to do consumer research on Metro Mobility service. • Approved applications for federal transit funds for the Northtown Transit Hub and the Travel Demand Management program. 1 % 1- L-\ I'mr,Mt Glum ;6* 1ffffll1 • Approved an application by the Metropolitan Transit Commission for a $75,000 grant from the Federal Transit Administration's management training program - The RTB is located on the seventh floor of Mears Park Centre, 230 8 Fifth St., St. Paul, MN, 55101. For more information, call 292- 8789. Metropolitan Sports Facilities Commission (MSFC) The Commission: • Authorized negotiations on an agreement with the Minnesota Twins by the close of the 1994 baseball season for on -field advertising at the Metrodome. • Referred other advertising signage issues to the Marketing Committee for discussion. The Metropolitan Sports Facilities Commission office is located at 900 South 5th St., Minneapolis, MN 55415. For more information, call 332-0386. Metropolitan Airports Commission (MAC) lite Commission: • Requested clarification, at the MAC meeting in April, of the criteria for membership on the Dual Track Task Force. In addition, it directed the Task Force to: - identify critical issues in the dual track process; - identify resources and experts for addressing dual track issues; - advise MAC on technical issues; - refrain from voting, or making recommendations, on the outcome of the dual track process. • Adopted the scoping decision document for the Long -Term Comprehensive Plan for Minneapolis -St. Paul International (MSP). The document was revised to include comments received at a public meeting held in February at Minneapolis Washburn high school. • Adopted an amendment to a federal agreement to provide funds for the Rich Acres subdivision in Richfield that had not previously qualified for a program to acquire houses and relocate residents. • Authorized the Metropolitan Airport Foundation to conduct charitable gambling at MSP through April, 1996. The Foundation's activities include the Visitors Information booth and airport beautification. • Approved the final alternative environmental document for the new -airport site -selection process. Metropolitan Airports Commission offices are located at 6040 28th Av. S., Minneapolis, MN 55450. For more information, call Lynn Sorensen at 726-8186. Metropolitan Waste Control Commission (MWCC) The Commission: • Heard a report from a special counsel that her investigation found no evidence to support a charge of discrimination filed against the Commission by the Minnesota Department of Human Rights. The Department filed charges against the Commission's reorganization of the MWCC affirmative action unit. • Advertised for sale about 588 acres of land in Shakopee that the MWCC had planned to use for spreading sludge from the Blue Lake treatment plant. The MWCC plan was not put into effect and now it is selling the property. Sealed bids were due April 4. • Indicated support for a consultant's vision strategy for the MWCC and discussed membership on a new Vision Advisory Committee. • Was represented at the Minnesota legislature by the MWCC chair, several Commissioners and staff for testimony on a proposed bill that would restructure a METRO DIGEST a metropolitan government. Chair Lou Clark expressed concern about a loss of strong citizen oversight of the MWCC and the comingling of funds of the metropolitan agencies if the proposed bill passes. The commission offices are located at Mears Park Centre, 230 E. Fifth St., St. Paul, 55101. For more information call 222-8423. Metropolitan Transit Commission (MTC) The Commission: • Endorsed light rail as the preferred transportation alternative along the central corridor. • Adopted a position on metropolitan governance to either: - maintain the status quo, or - retain a citizens' board on public transit, if the current structure of governance is abolished. • Scheduled public hearings on proposed bus service changes for Brooklyn Center, Brooklyn Park, Champlin, Crystal, New Hope, Robbinsdale and north Minneapolis. • Authorized a contract to remodel a building for a police station. • Adopted a resolution of appreciation for retiree Martin J. Ruter who started his career as a streetcar operator in 1945. The MTC offices are located at 560 Sixth Av. N., Minneapolis, MN 55411. For more information call 349-7400. *REVISED MEETING ** NEW MEETING 4/14/94 *REVISED MEETING ** NEW MEETING 4/14/94 J I JI roh,16 „ CITY CENTER MEETINGS June 1994 95 112 119 Monday.. Wednesday .Friday 1 2 3 4 May S M T W T F S 7:30 PNI HUNIAN RIGHTS 1 2 3 4 5 6 7 COMMISSION 8 9 10 11 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 26 27 28 29 30 31 6 7 8 9 10 11 7:00 PMCOS�!!C1I:,. G „ ;: 7:00 PNI WATERQUALIr1' 4:00 PNI FINANCIAL ADVISORY 5:30 PM OPEN SPACE COMMITTEE COMMITTEE COMMITTEE 7:00 PNI PLANNING CONINIISSION 7:00 PM PRAC 13 14 15 16 17 18 7:00 PM COUNCIL STUDY 7:00 PNI BOARD OF ZONING 7:00 PM PACT 7:00 PNI HRA SESSION 20 21 22 23 24 25 7:00 PM COUNCIL MEETING Summer begins 1 7:00 PM PLANNING COMMISSION *REVISED MEETING ** NEW MEETING 4/14/94 City Council Weekly Planner April 17 -May 28, 1994 Sunday Monday Tuesday Wednesday Thursday Friday Saturday April 17 April 18 April 19 April 20 4:00 PM Metro Council Regional Blueprint Mtg, Mtka Community Center 7:00 PM PACT April 21 7:00 PM HRA April 22 April 23 7..00 PM COUNCIL April 24 April 25 April 26 7:30 AM TwinWest Good Morning Plymouth, Kelly Inn Plymouth April 27 April 28 7:00 PM Henn. Cty Board - Town Mtg, Maple Grove City Hall April 29 April 30 6:00 PMJT Mfg COUNCIU DISMCT 284 - Pob, Safety Cont. Rza _ 7:OO PM PLANNING COMMISSION 8:00 AM COUNCIL STUDY SESSION- Public Safety Cone Rro 7:00 PM CHARTER COMMISSION - Pub. Safety Library 7:30 PM BOARD OF REVEEW (Reconvene) May 1 May 2 May 3 May 4 May 5 May 6 May 7 7:00 PM COUNCIL' MEETING. 7:00 PM WATER QUAL- ITY COMMITTEE 7:30 PM HUMAN RIGHTS COMMISSION May 8 May 9 May 10 May 11 May 12 May 13 May 14 7:00 PM COUNCII.'<[`) ` STUDY SFSSION 7:00 PM BOARD OF4:00 ZONING PM FINANCIAL ADVISORY COMMITTEE 5:30 PM OPEN SPACE COMMITTEE 7:00 PM PRAC 700 PM PLANNING COMMISSION May 15 May 16 May 17 7:30 AM TwinWest "State of the City" May 18 May 19 May 20 May 21 7:00 PM COUNCIL--] MEETING 7:00 PM PACT 7:00 PM HRA May 22 May 23 May 24 May 25 May 26 May 27 May 28 7:OOPMCOUNCII. STUDY SESSION 7:00 PM PLANNING COMMISSION *Revised Meeting **New Meeting 4/14/94 CITY OF PLYMOUTH PLANNING COMMISSION MINUTES March 23, 1994 The regular meeting of the Plymouth Planning Commission was called to order at 7:00 p.m. by Chairman Mike Stulberg. MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Barb Stimson, Ed Albro, Jack Hill, Virginia Black, and Linda Oja. MEMBERS ABSENT: Commissioner Allen Ribbe. STAFF PRESENT: Director Anne Hurlburt, City Engineer Dan Faulkner, Planning Supervisor Barb Senness, Associate Planner John Keho, and Planning Secretary Jackie Watson MINUTES: Changes to the minutes included a change by Commissioner Black to add to page 22, paragraph 4 the words "gas and other fluids" to her question; Commissioner Oja asked for a change on page 29, paragraph 8 to state to "add 11 trees for a total of 22 trees"; and, Commissioner Albro stated that on page 27, paragraph 2 that it was Commissioner Hill who asked the question regarding Hennepin County. MOTION by Commissioner Black, seconded by Commissioner Albro to approve the Planning Commission Minutes of March 9, 1994 with the changes as noted above. Vote. 6 Ayes. Motion carried STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (94017) Chairman Stulberg introduced the request by State Farm Mutual Automobile Insurance Company for a MPUD Final Site Plan for a 17,000 square foot office building; and, Lot Division/Consolidation for property located at the northwest corner of Plymouth Boulevard and 37th Avenue North. Associate Planner Keho reviewed the March 14, 1994 staff report. Chairman Stulberg asked why the piece of land was being divided from the site to be given to the Amoco Station site. Associate Planner Keho described the movement of the property line at what would have been a joint driveway to the Amoco site. N C Planning Commission Minutes March 24, 1994 Page 35 Chairman Stulberg introduced Mr. Robert Cummins from Phoenix, Arizona, representing the petitioner. Mr. Cummins stated he was in agreement with the staff report. Commissioner Oja asked if the petitioner had a larger detailed drawing of the landscape plan. Mr. David Nash displayed a large drawing of the landscape plan on the overhead projector. Mr. Cummins described the landscape plan. Chairman Stulberg introduced Mr. James Guddal of 4465 Vicksburg Lane, owner of the property that abuts this site. Mr. Guddal asked what changes were planned for the internal private roadway system, vacations, and the orientation of the building, garage doors, windows and office space. Associate Planner Keho stated that only a portion of the Amoco driveway would be vacated and that the property owner will have to obtain approval of all other property owners on the block for the changes in the internal private drive access system. He said that the private drive system in the block is to allow access from all lots to the public streets. He pointed out where the primary access would be to the site. Mr. Dave Nash stated that the City asked them to design an access plan for the entire block. Associate Planner Keho stated all property owners must agree to the access plan and if they do not, State Farm would have to amend their access plan. City Engineer Faulkner stated that easements are the standards following the property lines. Mr. Cummins discussed the orientation of the building. He said the customers main entrance will be on the east side where they would park in the guest parking area, and enter the office for paper work completion; they will then drive to the inspection area on the west side of the building, and exit the building on the north side. Commissioner Black commented that this design had a north/south orientation with the doors facing east, and the inspection area on the north side of the building. Commissioner Oja stated that she thought this was a good landscape plan, and asked where the trash enclosure would be. \cL Planning Commission Minutes March 24, 1994 Page 36 Mr. Cummins responded that the trash enclosure would be at the northwest corner of the parking lot with a 6 -foot high screen. He said that 98 people will work at this site once they are fully operational. Commissioner Oja asked if they would be storing any damaged vehicles on the site. Mr. Cummins stated there would be no storage of damaged vehicles, that only driveable vehicles would come to the site for inspections. Chairman Stulberg asked if they had other similar sites in the area. Mr. Nash stated that there were similar sites Vadnis Heights and Brooklyn Center. Mr. Guddal asked if this was considered a commercial use and if any rezoning would be needed. Associate Planner Keho stated that this conforms to the B-1 zoning for office use. MOTION by Commissioner Albro, seconded by Commissioner Black to recommend approval of the request by State Farm Mutual Automobile Insurance Company for a MPUD Final Site Plan for a 17,000 square foot office building; and, Lot Division/Consolidation for property located at the northwest corner of Plymouth Boulevard and 37th Avenue North, subject to all conditions listed in the March 14, 1994 staff report. Commissioner Albro stated he had some concerns regarding the color of brick which looked very bright and whether it fit with the City's aesthetic plan. He asked if the private drive system was designed to limit access to both Vicksburg Lane and County Road 9. He asked how wide the internal streets would be. Associate Planner Keho stated that the private drive system was designed with 26 -foot wide streets to help internal circulation on the block. He said that all lots would have access to a public street, but the internal drive system would be maintained by the property owners. Roll Call Vote, 6 Ayes. Motion carried on an unanimous vote. PROPOSED WETLANDS ORDINANCE Planning Supervisor Senness discussed her March 23, 1994 memo regarding the 5 meetings staff held with citizens and developers. She stated that a mailing list of all Planning Commission Minutes March 24, 1994 Page 37 attendees has been developed and an article will be in the next Plymouth newsletter to inform citizens of what the City is working on regarding a wetland ordinance. She stated that there are 3 major areas of concern: 1) This is a complex issue with many questions including legal issues; and, additional data needs to be gathered; 2) What size should a buffer be, and, 3) What is the actual purpose for a wetland ordinance and what areas should be zeroed in on. She said that most attendees agreed with these concerns. She said that they have had other meetings with several developers since the public meetings who are looking for answers as to how they should plan for new developments that include wetlands. She said that staff needed to inform homeowners so that they are aware of restrictions which could apply in their present or new homes. Commissioner Black stated that she had attended most of the meetings and that staff reached a lot of people, and the meetings went well. Commissioner Albro also attended most of the meetings and he agreed that the meetings went well but he said he had hoped to see more citizens in attendance. He said that some people were concerned with the pace of the schedule and others with the impact this ordinance could have. He said that people need to know more about wetlands and buffers, and we need to increase the public's interest in this subject. He said he believes the pace is too fast. Commissioner Albro said that there was a common thread throughout studies he's read that a buffer could eliminate problems of sedimentation, nutrients, and chemicals, but may not be as effective as staff hoped. He stated that buffers, manufactured or natural, may be ineffective on uneven ground, and are more effective when drainage passes over in a sheet on even ground. He said that the prime degraders are fertilizer and pesticides, and that chemicals should be looked at more than buffers. He said we maybe should be looking at manufactured buffers, and not looking at protecting habitat, since we are looking at protecting water quality. He said we don't need more deer, geese and mosquitoes. He said that studies stated that variable buffers were more effective and we should do what's fair and effective for the land owner. He questioned whether we were after water quality or habitat or both. He said that an extremely large buffer would be needed to protect habitat. Commissioner Black stated that the purpose of the ordinance has to be determined. She said she does not feel it is just water quality. A 10 foot buffer would not be adequate for any protection. She said we should also limit chemicals and fertilizers. What type of enforcement would be determined and who on staff would determine variables is a question. She said we can't afford to lose a lot more of the wetlands, and we need to have moratorium so that the questions raised could be answered. Planning Commission Minutes March 24, 1994 Page 38 Commissioner Albro stated that a 30 -foot buffer would protect wetlands if water quality is the goal. He said we should not be trying to protect all the little mammals. He quoted part of the City's mission statement that says that the City of Plymouth is to give the impression of rural living in an urban setting. The City purchases public open space to provide this setting for the citizens. He said he doesn't' feel the tax roles should be decimated to preserve the wetlands on every lot that touches a wetland. He said he was concerned with the effect an ordinance could have on existing homes; that if a house burned that abutted a wetland the new buffer restrictions could prevent that person from rebuilding a home comparable to what was lost. He said he favored protecting wetlands but also wanted to protect taxpayers. These issues must be answered before an ordinance is approved. Chairman Stulberg stated that he felt that once an ordinance was drafted and in front of the Commission, then it would be up to the Commission to see if it contained the language the Commission wanted. Commissioner Albro stated he just wanted to raise awareness of some of the issues. He said he hears environmentalists voicing their opinions and he felt that the direction of the City Council was as that of environmentalists. Chairman Stulberg recognized a visiting Boy Scout troop in the audience and asked them if they had any questions or comments on the subject. The Scout leader stated that he thought it was important that more people become involved in this issue. Chairman Stulberg recognized Ms. Rita O'Donnell of 12105 41st Avenue North. Ms. O'Donnell defined a buffer as natural indigenous vegetation which has not been disturbed and where citizens cannot mow or cut down trees. This buffer would preserve water quality. She said that the proliferation of mosquitoes and geese is created by citizens in sodding to the edge of wetland. A buffer of taller grasses would keep the geese in the wetlands as they don't like the tall grass. The buffer would also become habitat for insect eating birds which would nest in the wetland. She said the whole eco system is very complicated and includes water quality and habitat. Planning Supervisor Senness stated that a response from the City Attorney was expected on Friday which would address issues such as phasing in, who would be affected, vested rights, and non conforming uses. Commissioner Black asked if the attorney's office would comment on the 30-foot/50- foot buffer issue. Director Hurlburt stated that the attorney's office may advise that staff have good reasoning behind whatever is decided. =- \ c, -- Planning Commission Minutes March 24, 1994 Page 3 9 Planning Supervisor Senness stated that the schedule for adoption of an ordinance was directed by the City Council, and in fairness to the questions raised, it will take more time to research and answer these issues. She passed out information received from the City Attorney which she requested regarding the adoption of a moratorium. She discussed her memo of March 18, 1994 regarding development requests affected by a possible moratorium. Commissioner Black asked if staff was looking for a recommendation from Commission. Director Hurlburt stated the Planning Commission must hold a public hearing regarding a moratorium. Director Hurlburt stated that if the consensus of Commission was that staff proceed to draft a moratorium ordinance, then it would be their right. The City has done a moratorium before and she felt that they needed direction from the City Council. Commissioner Hill asked at what point could a reasonable wetland ordinance be done without imposing a moratorium. Director Hurlburt responded that it is technically possible to be done by June, but 6 months would be more reasonable. Chairman Stulberg stated that he felt none of this could be decided until the goals have been defined and he didn't feel the Commission had enough information yet to determine if a moratorium was needed. Commissioner Albro stated that another item should be included in the March 18, 1994 memo regarding exceptions during a moratorium. He said that a developer should be able to develop a portion of a site that is within a specified distance from a wetland, allowing the site to be developed in two phases, and possibly eliminating risk to the City. Planning Supervisor Senness stated that her memo noted a need for exceptions for hardship. Commissioner Stulberg asked if staff wanted the Commission to do anything regarding the ordinance at this meeting. Planning Supervisor Senness stated that the Commission could give staff some direction as to how they should proceed if they chose. Commissioner Black stated that she sensed that more time would be needed for further research and discussion and that a moratorium may be needed to meet this end. -. \ c,---, Planning Commission Minutes March 24, 1994 Page 40 MOTION by Commissioner Black, seconded by Commissioner Albro, that staff look at developing a moratorium to allow enough time to look at additional information and to schedule a Public Hearing on April 13, 1994. Commissioner Black stated a moratorium would be needed so that wetlands are not lost while this issue is being reviewed. Chairman Stulberg asked for clarification of the motion asking if the motion was to look at a draft ordinance on April 13 and a public hearing at a later date, which would allow more time for review of the subject. Commissioner Albro stated he would withdraw his second of the motion if it was as clarified by Chairman Stulberg. He said that he felt a public hearing could be scheduled for the moratorium on the wetland ordinance at the next possible meeting. Commissioner Black responded that it was her intent on the motion to have a Public Hearing on April 13, 1994 for a moratorium. Commissioner Albro reaffirmed his second of the motion. Planning Supervisor Senness stated this would revise the current schedule. Commissioner Albro stated he would like to adhere to the schedule regarding the wetland ordinance but have the moratorium ready in case it would be needed. Planning Supervisor Senness said it would be difficult to follow the current schedule, as there is not enough time to answer questions and put together an ordinance. Director Hurlburt stated that she sensed that there was not a general consensus as to what the purpose of an ordinance should be. Chairman Stulberg stated that he did not feel it was the Planning Commission's responsibility to define the focus of this issue. He said he thought it was up to the Water Quality Commission and the City Council to do so. Director Hurlburt stated that it was ultimately up to the City Council to provide direction, with the Water Quality Commission providing input. Commissioner Hill stated that he had a problem with a moratorium in that we don't' know what it will take to come up with an ordinance. Planning Supervisor Senness stated that a time line would be a part of a moratorium. Planning Commission Minutes March 24, 1994 Page 41 Commissioner Hill stated that he had nothing to base a decision on. He said that staff should have a good feel as to what to place the focus on. He said he felt a public hearing was needed to learn what is the focus, the options and the pros and cons. He said he wanted to know what the wetlands ordinance would look like. Commissioner Stimson stated that she did not want staff time going into developing a moratorium and would rather see an ordinance developed. She said she felt the City Council needed to amend the schedule to allow more time for the subject. Commissioner Hill stated that a moratorium should be last resort. Commissioner Black questioned when or how do we determine how long the time frame should be for this issue. Commissioner Hill stated that he thought is would be unfair to string developers along with a moratorium. Chairman Stulberg stated that a moratorium would affect both citizens and developers. Planning Supervisor Senness stated that most projects currently applied for in the city would be affected by wetlands. Director Hurlburt stated that we are continually accepting applications and we need the moratorium to allow more time to study the issue. Chairman Stulberg stated he would not support the motion to have this item on the April 13 agenda as he would not be able to attend that meeting and wanted to be there if there when it was discussed. MOTION to Amend by Chairman Stulberg, seconded by Commissioner Stimson to change the date on the original motion for a public hearing on a moratorium to the April 27, 1994 Planning Commission meeting. Commissioner Black stated that a new time table needs to be developed as staff needs time to address the issues and the moratorium was needed. Chairman Stulberg stated that his experience with previous moratoriums was that the full time for the moratorium was used and then extended. He said he felt that if there was a schedule for an ordinance without a moratorium, by a given deadline date, that it would be done. He said that there were previous issues that the Planning Commission studied by direction from the City Council and once all the study had been completed the issues were ignored by the Council. He said that the City should hire consultants or whatever it takes to get the ordinance done. .�=- \C' Planning Commission Minutes March 24, 1994 Page 42 Commissioner Stimson stated that she agreed with Chairman Stulberg's statement. Vote on Motion to Amend. 6 Ayes. Motion carried. Roll Call Vote on Main Motion. 5 Nays. Commissioner Black voted Aye. Motion Failed on a 5 to 1 vote. Commissioner Hill requested that staff put together a list of issues and a time table for next Planning Commission meeting. Chairman Stulberg stated that staff and the City Council need to decide what the schedule should be. Director Hurlburt stated that staff would develop an outline with options as to where the emphasis should be, with alternatives. She said that she would report to the City Council that the Planning Commission felt the schedule would need to be altered. Commissioner Hill asked for a tentative time table along with outline at the next Planning Commission meeting. MOTION by Commissioner Albro, seconded by Commissioner Oja for staff to go back to City Council and request that they narrow the field of vision and get some specifics on the mission for a wetland ordinance. Commissioner Hill asked what was our function on this issue. He said he thought the Commission should look at the options and give the Council sometime to vote on. Chairman Stulberg stated that the Commission also needed to focus on affordable housing in the City of Plymouth. He said that a wetland ordinance would effect affordable housing as well as other things in the City. Planning Supervisor Senness stated that these issues need to be addressed at the same time as a wetland ordinance. Roll Call Vote. 3 Ayes, Commissioners Stimson, Hill and Chairman Stulberg voted Nay. Motion failed on a tie vote. Planning Supervisor Senness stated that staff would come back at next meeting with a list of options. Chairman Stulberg asked the Commissioners if they had noted the change in the staff report format. He said that he would like to see staff reference the portion of the Zoning Ordinance which applied to those parts of the staff report when appropriate. He suggested that staff focus on issues if they were a concern of part of the staff. Planning Commission Minutes March 24, 1994 Page 43 The consensus of the Planning Commission was approval of the new format and suggestions. Chairman Stulberg and Commissioner Albro stated that they would be unable to attend the April 13, 1994 Planning Commission meeting. MOTION by Commissioner Black, seconded by Commissioner Oja to adjourn. The meeting adjourned at 9:15 p.m. Plymouth Human Rights Commission Minutes April 7, 1994 Present: Harvey Guttman, Saundra Spigner, Laurie Levi, Jackie Fraedrich, Earl Peterson, Rebecca Ribbich, Claudelle Carruthers, Laura Booth, Councilmember Sheryl Morrison, Assistant City Manager Kathy Lueckert, Administration Intern Jim Elmquist Excused: John Kane, Bill Dix, Lisa Membrr Assistant Manager Lueckert called the meeting to order at 7:30 PM. She introduced a speaker from the League of Minnesota Human Rights Commissions, Mort Rywek. League of Minnesota Human Rights Commission/No Fault Grievance Training Mr. Rywek described the League of Minnesota Human Rights Commissions, an affiliation of 50 Human Rights Commissions throughout the state. The group's function is to promote inter -group relations, educate the public about state Human Rights laws, and help the Minnesota Department of Human Rights promote the rights of all persons. Mr. Rywek suggested that the Commission spend its first several months getting organized: developing by-laws, forming sub -committees, devising resource and mailing lists, creating publicity material. He stressed the importance of making good contacts with the rest of the community, such as churches, schools, chambers of commerce, civic groups, and the like. He said that civic groups often can provide some funding for Commission activities, as well. Mr. Rywek stated that Human Rights Programs can be successful without being complicated. He cited the example of neighborhood discussion groups done in conjunction with series of articles in the Star Tribune. He encouraged the Commission to think of itself as the community gadfly, getting people to think differently about the issues of human rights. He stressed that the Commission must somehow focus on all aspects of the law: race relations, housing discrimination, disabilities, sexual orientation. He suggested that the Commission think about establishing an annual Human Rights award, and that it develop a master calendar of events. He stated that the Commission should "take its time," and not try to do everything at once. Mr. Rywek brought many materials with him for the Commission's review. Assistant Manager Lueckert asked Mr. Rywek about the status of training in the No Fault Grievance Process. Mr. Rywek said that the state Human Rights Office currently is examining its position on the No Fault Grievance Process, and that it is unable to provide training in the process for new commissions. The state office and the League are investigating and studying the best course of action for the No -Fault process. He suggested that the Commission write to the Human Rights Commissioner and inquire about training possibilities, since the No Fault Process is one of the Commission's charges from the City Council. In the interim, he suggested that the Commission's two members who are skilled in mediation techniques, Earl Peterson and Laura Booth, suggest a means of dealing with any complaints which come in. Other Business The Commission discussed organizational issues. The Commission agreed that the first part of the May 5 meeting will deal with a discussion on conducting a human rights needs assessment in Plymouth, and the second half of the meeting will focus on organizational issues, such as establishing sub -committees. The Commission also requested training on the Minnesota Human Rights law from an attorney. Jackie Fraedrich suggested that the Commission set aside time in each meeting to have some sort of meaningful learning experience on various aspects of the Human Rights law. Laura Booth volunteered to talk in May on how Wayzata schools did a needs assessment on diversity issues. The Commission asked if the City Council had specific issues in mind when the Commission was reestablished. Assistant Manager Lueckert said that it was her impression that the Council did not have specific issues in mind, but felt that it was time that the City reestablished a Human Rights Commission. She said that the Council is looking to the Commission to define its role and mission. Specific tasks for the May 5 meeting include the following: • prepare a letter from the Commission to the Human Rights Commissioner, requesting information on No Fault Grievance training and seeking training on the Human Rights Law • distribute by-laws draft and proposed sub -committee structure in advance of the May meeting • locate an ADA fact sheet • locate the Plymouth community profile from a Star Tribune article • contact the Suburban Hennepin Anti -Racism Committee (SHARC) about their activities and see if a speaker can come to a future meeting The meeting was adjourned at 9 PM. OFFICIAL PROCEEDINGS OF THE BOARD INDEPENDENT SCHOOL DISTRICT 281, ROBBINSDALE AREA SCHOOLS REGULAR BOARD MEETING, 4148 WINNETKA AVENUE NORTH March 21, 1994 The meeting was called to order at 7:06 p.m. by Keith Moberg, chairperson. ROLL CALL Present: Paula Beugen, John Luzaich, Keith Moberg, Mary Moreira, Beverly O'Connor, Meredythe Rossi and Neil Stein, directors, and James Dahle, superintendent. APPROVAL OF AGENDA Beugen moved approval of the agenda. The motion was seconded by Moreira and carried unanimously. RECOGNITION BY THE SUPERINTENDENT State Championship - 1994 Minnesota Floor Hockey Tournament John Krumm, special education supervisor, introduced Lloyd Olson, retired District 281 teacher and currently athletic director for the district's adapted athletic teams, who thanked the board, the special education department, the transportation department, the community education department and parents for making the program successful. Olson introduced head coach Dan Schmidt who introduced coaches Chris Freborg, Paul Downs, Renae Jandert, Jeff Haser and Oliver Otterson. Schmidt introduced team members Sarah Nemeth, Shannel Hancock, Dan Hall, Erica Riley, Kari Wagner, Marcus Onsum, Jenny Onsum, Steve Onsum, Mike Hall, Evan Pontinen, Kris Rausch, Nicole Logan and Jamie Phillips. Schmidt stated that the team goal "every game everyone plays" was accomplished. He described the trophies and thanked the board for its support. Superintendent's Achievement Award The selection committee for the Superintendent's Achievement Award Program selected Tom Henderlite, Sandburg Middle School principal, as an achievement award recipient. Kerry Evans, Sandburg Middle School special education teacher, nominated Henderlite for excellent job performance. Dahle thanked and congratulated Henderlite. CITIZEN PARTICIPATION David W. Carlson, New Hope, petitioned the board not to build a football stadium at Robbinsdale Cooper High School and cited the School board minutes - March 21, 1994 Page 2 adverse impact on surrounding residents. He presented 700 signed petitions opposing the stadium; asked about funding issues; and suggested a scaled-down version at RCHS. He stated that many residents do not want a football stadium at RCHS and will oppose it. He also asked that residents be informed and have input. Rebecca Evans, New Hope, spoke against the proposed stadium and requested that the board look carefully at the proposals and consider all options. Paul Vyhanek, New Hope, spoke about addressing the needs of gifted and talented students. He asked that the scope and depth of Focus services be increased; talked about gifted/talented students as at -risk and asked the board not to forget the mission to provide an academic environment that challenges people to learn. He encouraged the board to look at growth for the program and funding for growth. APPROVAL OF CONSENT AGENDA Rossi moved approval of the consent agenda. The motion was seconded by Moreira and carried unanimously. FINANCIAL REPORT ITEMS Moreira moved approval of the financial report items. The motion was seconded by O'Connor and carried unanimously. MINUTES OF PREVIOUS MEETINGS Beugen moved approval of the minutes of the March 7, 1994, board meeting. The motion was seconded by Rossi and carried unanimously. PETITIONS AND COMMUNICATIONS The following communications were received: a letter dated March 16, 1994, from Captain Debbie Sjogren, Salvation Army Divisional Headquarte, regarding George Lillquist's leadership as principal at Hosterman Middle School and his positive effect on her children; a letter from Kim McCall, Technology Learning Campus parent, regarding a problem her daughter experienced in a TLC class that led her to remove her daughter from the school; a letter dated March 14, 1994, from Emily Anne Staples, Hennepin County commissioner, accompanying the Report and Recommendations of the Hennepin County Suburban Adolescent Health Task Force. CLERK'S REPORT Luzaich, clerk of the board, read the schedules of board meetings, other meetings, superintendent's advisory councils and the school calendar. = \ v School board minutes - March 21, 1994 Page 3 Dahle announced that the technology workshop scheduled for April 5, 1994, will be postponed and there may be a need for a special meeting this week to resolve issues relating to the sale of Mielke Field. REPORTS OF THE SUPERINTENDENT Instruction and Information Information Gifted and Talented Presentation Vernon Ege, coordinator of extended programs, and Focus teachers Lauren Marks, Buck Anderson, Melissa Hood, Joan Grimm and Lorna Tjaden presented an update on Focus, the district gifted and talented program. Ege presented Focus background, information on a study done by Stanley Knox, Knox's recommendations, Focus redesign committee members, Focus advisory committee members and recommended gifted and talented program changes. Marks spoke about the recommendation to implement two gifted/talented programs -- an elementary program to be called Focus, and a middle school program to be called Spectra. Hood spoke about the program's proposed mission statement to "...challenge, and support others who challenge, gifted and talented students to develop thinking, creativity and leadership abilities and talents." Grimm reported on the Kranz Talent Identification Instrument that would be used for referring students to all District 281 gifted and talented programs. Anderson reported on recommended goals of the gifted/talented program: to create challenge so students can develop a variety of thinking skills, intellectual creativity, curiosity and leadership; to manage the gifted and talented referral and selection process; to advocate for gifted and talented students; to support instruction for gifted and talented students; and to guide curriculum development for gifted and talented students. Ege reported that responsibility for deciding how gifted and talented services will be delivered in schools will be given to school administrators and staff. Tjaden reported on the need for clear communication with parents and teachers and described what Focus staff is doing to address that need. The board discussed the recommended assessment process and its ramifications; the lower percentage of students that will be School board minutes - March 21, 1994 Page 4 served; the need for more Focus teachers; the need for teachers to have skills to meet students' needs; the need for more resources to be allocated to Focus; the idea of submitting Focus as an alternative elementary program; how the Focus program addresses needs of at -risk students; and the need to look at gifted/talented high school students. Beugen requested that the gifted/talented staff include in their proposal projected outcomes and means to ensure equitable distribution of resources among students. Moreira requested information on the assessment tool and its use in other districts. Dahle reported that the gifted/talented staff will come back to the board with modifications to their recommendations and more long-range proposals in May. Ege requested that the board approve the staff's short-range plan so that it can be implemented in the fall of 1994. Action Discontinued Positions Moreira moved approval of the following resolution to discontinue teaching positions; the motion was seconded by Rossi and carried unanimously on a roll -call vote: Resolution To Discontinue Teaching Positions WHEREAS, the financial condition of the school district dictates that the school board must reduce expenditures, and WHEREAS, there has been a reduction in student enrollment, and WHEREAS, this reduction in expenditures and decrease in student enrollment must include discontinuance of positions and discontinuance or curtailment of programs, BE IT RESOLVED by the school board of Independent School District 281 as follows: That positions be discontinued to provide for discontinuance or curtailment of programs and staff members returning from leave. Unrequested Leave Moreira moved approval of the following resolution proposing to place teachers on unrequested leave of absence; the motion was seconded by Beugen and carried unanimously on a roll -call vote. School board minutes - March 21, 1994 Page 5 Resolution Proposing To Place Teachers on Unrequested Leave of Absence BE IT RESOLVED by the school board of Independent School District 281 as follows: 1. That it is proposed that (said teacher), a teacher in Independent School District 281, be placed on unrequested leave of absence without pay or fringe benefits, effective at the end of the 1993-94 school year, pursuant to Minnesota Statutes 125.12 and subject to the provisions of the negotiated agreement with the Robbinsdale Federation of Teachers. 2. That written notice be sent to (said teacher) regarding the proposed placement on unrequested leave of absence without pay or fringe benefits as provided by law, and said notice shall be in substantially the following form: Notice to Tenured Teachers We must notify you that at a regular meeting of the school board held on March 21, 1994, we considered placing you on unrequested leave as a teacher in Independent School District 281. A resolution was adopted by a majority roll -call vote of the board proposing your placement on unrequested leave effective at the end of the 1993-94 school year. The school board found it necessary to propose to place you on unrequested leave of absence because of discontinuance of positions, lack of pupils and financial limitations of the district. Under Minnesota law, you are entitled to a hearing before the school board provided that you make your request in writing within fourteen (14) days after receipt of this notice. If no hearing is requested within such period, it shall be deemed acquiescence by you to the school board's action. We refer you to the collective bargaining agreement negotiated by the school board and the Robbinsdale Federation of Teachers, the exclusive representative for all of the teachers, which sets forth the negotiated plan for placement on unrequested leave of absence so that you may be informed as to your reinstatement rights, status while on leave, the recall procedure and basis for possible termination. We are sorry for any inconvenience Please call Ann Eilbracht, director have questions or concerns. Sincerely, SCHOOL BOARD OF this action may cause you. of human resources, if you School board minutes - March 21, 1994 Page 6 INDEPENDENT SCHOOL DI TRICT 281 ler of the School and ermi nationss Moreira moved approval of the following resolution termination of nontenured teachers at the close of 94 school year; the motion was seconded by Moberg unanimously on a roll -call vote: =-\C___' proposing the 1993 - and carried WHEREAS (said teacher) is a probationary teacher in Independent School District 281, BE IT RESOLVED by the school board of Independent School District 281 that pursuant to Minnesota Statutes 125.12, subdivision 3, the teaching contract of (said teacher), a probationary teacher in Independent School District 281, is hereby terminated at the close of the 1993-94 school year and is not renewed for the 1994- 95 school year. BE IT FURTHER RESOLVED that written notice be sent to said teacher regarding termination and nonrenewal of contract as provided by law, and that said notice shall be in substantially the following form: We must notify you that at a regular meeting of the school board of Independent School District 281 held on March 21, 1994, a resolution was adopted by a majority roll -call vote to terminate your contract effective at the end of the current school year and not to renew your contract for the 1994-95 school year. This action of the board is taken pursuant to Minnesota Statute 125.12, subd. 3. You may officially request that the school board give its reasons for the nonrenewal of your teaching contract. Your request must be received within ten (10) days after receipt of this notice. We are sorry for any inconvenience Please call Ann Eilbracht, director have questions or concerns. Sincerely, SCHOOL BOARD OF INDEPEN NT SCHOOL DISTRICT 281 Ch-ai',�perslon of the 1 Board this action may cause you. of human resources, if you School board minutes - March 21, 1994 Page 7 Notices Moreira moved approval of the names of teachers proposed to be placed on unrequested leaves of absence or terminated and to be sent notices. The motion was seconded by Beugen and carried unanimously. Collective Bargaining Agreement for RADAS Moreira moved to ratify the tentative agreement between Independent School District 281 and Robbinsdale Association of District Administrative Staff (RADAS); the motion was seconded by Beugen and carried unanimously. New and Revised Policies - Second Reading Beugen moved to approve the second reading of the Bus Safety; Fund Balance for School Districts; and the Gifts, Bequests and Donation policies. The motion was seconded by Rossi and carried unanimously. New and Revised Policies - First Reading Beugen requested that the following sentence be added to the Students and Employees with Chronic Infectious Disease policies: "Decisions will be made consistent with applicable state and federal laws." Beugen moved approval of the first reading of the policies on Immunization and Students and Employees with Chronic Infectious Disease with the added sentence and contingent upon review by the district's attorney. The motion was seconded by Moreira and carried unanimously. Business Mielke Field Brian Weisberg, from Siegel, Brill, Greupner and Duffy, presented an amendment to the purchase agreement between District 281 and SuperValu for Mielke Field. SuperValu is asking for an extension of the closing date from March 22, 1994, to April 7, 1994, to resolve a 36th Avenue North easement issue and to assign its interest in the purchase agreement to the Economic Development Authority of the city of Crystal so that the deed of conveyance of the property name the EDA as grantee. Stein moved approval of the amendment to the purchase agreement and to authorize the chairperson and clerk of the board to execute the agreement. The motion was seconded by Moreira and carried unanimously on a roll -call vote. -=; \ c, School board minutes - March 21, 1994 Page 8 Recommendations for Mielke Field Replacement Facilities Dahle presented recommendations for replacement facilities for Mielke Field. The board will be asked to take action on these recommendations at the April 5, 1994, school board meeting. Moreira suggested that representatives from the community be asked to serve on site-based committees. O'Connor stated that she does not want to spend tax dollars over the amount from the sale of Mielke Field to begin building the facilities. 1993-94 Budget Amendments Dahle and John Heinrich, supervisor of financial services, presented 1993-94 budget amendments. Rossi moved approval of the budget amendments; the motion was seconded by Moreira and carried unanimously. BOARD RAPPORT Dahle presented the final draft of the District 281 Vision Statement. There were no changes by the board. Dahle also presented a draft policy on the use of the District 281 mission statement, belief statements and vision statement by school board members, administrators, staff members and members of district -established committees to guide them in the decision- making process. Dahle stated that a procedure and timetable need to be established for receiving reports from the facilities task force and the elementary boundaries task force. ADJOURNMENT The meeting was adjourned at 10 p.m. Respectfully submitted, uz ich, cle o e board AAiSproved April 5, 1994 b K ith obe g, chairper on SHINGLE CREEK WATERSHED 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, April 14, 1994, at 12:45 p.m. at the Saint Andrews Club, 8700 Edinbrook Crossing, Brooklyn Park, MN. An agenda for that meeting follows: Call to order. 2. Roll call. 3. Minutes of March meeting. 4. Reports from officers. 5. Approval of claims. 6. Consideration of communications. a. Communications Log. b. Status of Local Water Management Plans. C. Twin Cities Water Quality Initiative Grant Program. d. Brookdale Area Drainage Study. e. Copy of Order of BWSR Approving Hennepin County Ground Water Plan. f. List of Interest Proposals Received. Name a Sub -Committee? g. Received copy of Observation Well Data Summary for Water Year '93 from DNR. Report may be viewed at April meeting. h. Received March 23 letter from Hennepin County Dept. of Public Works stating that an EIS is not necessary for CSAH81, CSAH30 and CR202 roadway reconstruction project. Correspondence includes Record of Decision. May be viewed at April meeting. i. Dinner Meeting Notice - Update on WMO's. 7. Project Reviews. a. 89-4 Solid Waste Transfer Station, Brooklyn Park. b. 94-2 Eden Park Apt. Rehabilitation, Brooklyn Park. C. 94-3 5000 Winnetka 2nd Addition, New Hope. 8. Wetland Conservation Act. a. LGU designations - not yet received from Minneapolis. b. Wetland Management Policy - Copy enclosed. C. Wetland Replacement Plan Notification List - none received this month. d. Received copy of March 17 memo from BWSR re Wetland Regulatory Simplification. If you wish a copy, call Administrative Office. 9. Water Quality Monitoring. a. 1994 Projects - Survey results. b. Volunteers for Sampling - Bass Lake, Plymouth, and Crystal Lake, Robbinsdale. BROOKLYN CENTER • BROOKLYN PARK • CRYSTAL • MAPLE GROVE • MINNEAPOLIS • NEW HOPE • OSSEO • PLYMOUTH • ROBBINSDALE = \ c_ SCWMC Agenda April 14, 1994 page 2 10. Other Business. a. Joint Powers Agreement - Executed copies have been mailed to member cities. b. Appointments to Commission. Awaiting appointments for Commissioner and Alternate from City of Brooklyn Center. Will contact Osseo re status of their representation. C. 1995 Budget. Awaiting 1993 tax capacity from the cities of Brooklyn Center and Minneapolis d. The May meeting has been rescheduled to May 5, the June meeting to June 2. 11. Adjournment. S: \ Q\�- SHINGLE CREEK WRTERSHED MANAGEMENT COMMISSION 3001 Harbor Lane • Suite 150 • Plymouth, MN 55447 Telephone (612) 553-1144 • Fax (612) 553-9326 MINUTES February 10, 1994 A meeting of the Shingle Creek Watershed Management Commission was called to order by Chairman Fred Moore on Thursday, February 10, 1994, at 12:45 p.m. at the Saint Andrews Club, 8700 Edinbrook Crossing, Brooklyn Park, MN. Present were: Mark Maloney, Brooklyn Center; Kevin Larson, Brooklyn Park; Anne Norris, Crystal; Gerald Butcher and Ken Ashfeld, Maple Grove; Dick Fursman, Osseo; Fred Moore, Plymouth; Fran Hagen, Sr., Robbinsdale; Dale Claridge and Steve Kloiber, Montgomery Watson; Curt Pearson, attorney; and Judie Anderson, Recording Secretary. Also present: Barbara Cobb, BWSR; Jeannene Krone, RLK Associates; and Trent Schackman, Ryan Construction. I. Minutes. Maloney moved and Fursman seconded a motion to approve the minutes of the January meeting. Motion carried. II. Treasurer's Report. Maloney moved and Fursman seconded a motion to approve the Treasurer's Report. Motion carried. III. Approval of Claims. Maloney moved and Fursman seconded a motion to approve claims totaling $12,472.47. The claims were approved by roll call vote: ayes - Maloney, Larson, Norris, Ashfeld, Fursman, Moore and Hagen; nays - none.; absent - Minneapolis and New Hope. The Commissioners received copies of a proposed 1994 hourly rate schedule and authorization to perform 1994 engineering services from Montgomery Watson. Fursman moved and Maloney seconded a motion to approve and authorize the Chairman to sign both documents. Motion carried. IV. Correspondence. A. The Commissioners reviewed the Communications Log. No action was required. B. The Commissioners received copies of a February 1 memo from Montgomery Watson re NPDES Stormwater Permitting for Construction Activities. Any construction activity that results in disturbance of five or more acres requires coverage under such a permit; activities smaller than five acres will also require coverage if they are part of a larger, common plan of development that is larger than five acres. BROOKLYN CENTER - BROOKLYN PARK - CRYSTAL - MAPLE GROVE - MINNEAPOLIS - NEW HOPE - OSSEO - PLYMOUTH - ROBBINSDALE SCWMC Minutes February 10, 1994 page 2 C. Montgomery Watson provided a memo incorporating year-end reporting information. This information will become part of the 1993 Annual Report required by the Metropolitan Area Local Water Management Act. D. The Commissioners received copies of revisions to the Management Standards created to clarify review criteria language. Larson moved and Maloney seconded a motion to approve the revisions and to incorporate the new language into the Commission's Management Standards for New Development, Redevelopment or Additions to Existing Developments. Motion carried. E. The Commissioners also received from BWSR copies of a Notice of Filing of Groundwater Protection Plan dated January 31, 1994. Requests for a hearing must be received within 30 days of the last publication of the notice. F. They also received notice of the 5th Annual Erosion Control Conference which will be held March 10-11 in Minnetonka. V. Project Reviews. 94-1 AmeriData Systems, Plymouth. Proposed 50,000 SF addition to existing building located on a 7.3 acre industrial site at 10200 51st Avenue North, Plymouth, west of TH169 and south of the Soo Line Railroad tracks. Larson moved and Norris seconded a motion directing the consultant to notify the City of Plymouth that approval of 94-1 is hereby granted, conditioned on the applicant meeting the condition set forth in the consultant's report and recommendations, i.e., 1. The owner shall designate operation and maintenance procedures which will maintain the outlet control structure and a minimum permanent pool depth of two feet in the stormwater treatment pond and provide assurance to the City, in the form of a recordable agreement, that the designated operation and maintenance procedures will be faithfully executed. 2. In the City's consideration of the owner's request for an exemption from the Wetland Conservation Act (WCA) and as required under Exemption 24, elements of the project that can be carried out without changing the approved plan and without draining or filling of existing wetlands must be done in that manner. Furthermore, Exemption 24 requires that if wetlands can be avoided within the terms of the approved plan, they must be avoided. Motion carried. VI. Wetland Conservation Act. A. LGU Designations. A designation has not been received from Minneapolis. SCWMC Minutes February 10, 1994 page 3 B. Wetland Management Policy. The Commissioners reviewed a draft policy. Pearson and Claridge will work further to address the matter of recovering the costs associated with administering the WCA and reviewing monitoring reports over the required 5 -year monitoring period. They will report at the March meeting. [Butcher arrived 2:05 p.m. Ashfeld departed 2:10.1 C. The Commissioners received copies of a notice published in the January 31, 1994 issue of the EQB Monitor stating the Commission will not publish individual notices for small wetland impacts. D. They also received copies of a Summary of the Final Rules of the WCA developed by Montgomery Watson. E. Also included in the meeting packet was a Wetland Replacement Plan Notification List dated January 26. VII. Water Monitoring Program. A. In his February 2 memo, Kloiber transmitted the results of the Metropolitan Council's 1993 Citizen -Assisted Lake Monitoring Program for Eagle and Twin Lakes. B. Kloiber also gave an overview of two reports prepared by Montgomery Watson -- "1993 Water Quality Assessment for Upper and Lower Twin Lakes" and the "Report on Existing Water Quality Data for Eagle Lake." Fursman moved and Hagen seconded a motion to receive the two reports. Motion carried. C. 1994 Projects. In a memo, Kloiber listed potential water management projects for the Commission to consider for 1994. Montgomery Watson was asked to put associated costs with each of the projects and present them at the March meeting. They will also include the costs to prepare assessment reports on the two lakes included in the Met Council's '94 program. D. 1994 Met Council Program. Butcher moved and Larson seconded a motion to authorize the Chairman to sign the intergovernmental agreement. Motion carried. The agreement will be forwarded to Met Council after review by Pearson and Claridge. The lakes included in the program are Bass Lake in Plymouth and Crystal Lake in Robbinsdale. VIII. Other Business. A. Joint Powers Agreement. The agreement has been signed by the cities of Brooklyn Center, Brooklyn Park, Crystal, Maple Grove, Minneapolis, New Hope, and Osseo. It is currently in the hands of the City of Plymouth. [Agreement has been signed by Plymouth and transmitted to the City of Robbinsdale.] .= SCWMC Minutes February 10, 1994 page 4 B. Appointments to Commission. The cities of Brooklyn Center and Brooklyn Park must post for and appoint Commissioners and Alternates for three year terms beginning February 1, 1994. The City of Robbinsdale must post for and appoint a Commissioner for a two year term beginning February 1, 1994. C. Solicitation of Interest Proposals. Pearson will publish in the State Register a solicitation for interest proposals for technical, legal and administrative services to the Commission for the years 1994 and 1995. D. Election of Officers. Chairman of the Nominating Committee Maloney presented a slate of candidates for officers for the coming year. They are: Fred Moore, Plymouth, Chairman; Gerald Butcher, Maple Grove, Vice Chairman; Sy Knapp, Brooklyn Center, Treasurer; and Perry Damon, Minneapolis, Secretary. There being no further nominations, Hagen moved and Norris seconded a motion to close nominations and cast a white ballot. Motion carried. 1. Butcher moved and Fursman seconded a motion to select Babcock Langbein and Company to perform the 1993 audit. Motion carried. 1 Hagen moved and Fursman seconded a motion to appoint Mark Maloney as Deputy Treasurer. Motion carried. 3. Hagen moved and Butcher seconded a motion to appoint Norwest Bank as the Commission's depository for the coming year. Motion carried. 4. Hagen moved and Butcher seconded a motion to appoint Post Publications and Osseo -Maple Grove Press as the Commission's official newspapers. Motion carried. E. May Meeting Date. Due to a scheduling conflict, the May meeting of the Commission has been rescheduled to Thursday, May 5, at Saint Andrews Club as moved by Butcher and seconded by Maloney. Motion carried. [Due to a conflict with the Club, the June meeting will also have to be rescheduled, tentatively to June 2.1 There being no further business before the Commission, the meeting was adjourned at 2:30 p.m Respectfully submitted, Judie A. Anderson Recording Secretary JAA:tim INDEPENDENT SCHOOL DISTRICT 284 WAYZATA, MINNESOTA BOARD OF EDUCATION Regular Meeting - April 11, 1994 - 7:30 p.m. Wayzata Senior High School - Cafeteria AGENDA I. Call to Order H. Approval of Minutes III. Approval of Agenda IV. Reco nitions A. Employee of the Month B. Odyssey of the Mind Presentation: Mini Terrain Vehicles C. Empty Bowls D. National Scholastic Art Awards V. Audience Opportunity to Address School Board A. Student Councils B. Parent-Teacher Groups C. Others VI. Superintendent's Reports and Recommendations A. Superintendent 1. Bond Referendum Update 2. Resolution - Volunteer Recognition Week - April 17-23, 1994 3. Resolution - School -Age Child Care Day - April 20, 1994 4. Resolution - National Teacher Day - May 3, 1994 B. Academic Services 1. School Year Calendar for 1994-1995 C. Finance and Business Services 1. Finance and Business Recommendations 2. Monthly Financial Report D. Human Resource Services 1. Human Resource Recommendations 2. Resolution for Nonrenewal of Contracts for Probationary Staff VII. Other Board Action VIII. Board Reports IX. New Business X. Adjourn LMB/ 1 POSTED: 4/6/94 PLYMOUTH FIRE DEPARTMENT ACTIVITY REPORT 0.4/01/94 THROUGH 04/07/94 DATE TIME LOCATION SITUATION FOUND 04/01/94 11:58 a.m. Open Land Grass Fire 39th & Zachary 04/01/94 3:47 p.m. Open Land Grass Fire 36th & Pilgrim Lane 04/01/94 4:30 p.m. Open Land Grass Fire 42nd & Vinewood Lane 04/01/94 7:53 p.m. Open Land Grass Fire 3200 Harbor Lane 04/03/94 10:45 p.m. Single Family Dwelling Assist Homeowner - 4200 Hemlock Lack Shut gas off to water heater 04/04/94 2:00 p.m. Kelly Inn Fire Alarm set off by 2705 Annapolis Lane smoking nearby 04/04/94 5:11 p.m. Single Family Dwelling Clothes Dryer 10900 Block of South Shore Drive 04/05/94 10:03 a.m. Advance Machine Fire Alarm - False 14600 21st Avenue Waterflow 04/05/94 12:37 p.m. At The Place Apartments Fire Alarm - False 2500 Nathan Lane 04/05/94 3:21 p.m. Wayzata East Jr. High School Fire in wastebasket in 12000 Ridgemount locker room 04/05/94 7:40 p.m. Holiday Inn Fire Alarm - False 3000 Harbor Lane 04/06/94 8:03 a.m. Single Family Dwelling House Fire - 4600 Block of Ximines Steam from Dryer Vent 04/06/94 5:18 p.m. Open Land Workmen had small fire 14715 11th Avenue burning 04/06/94 7:00 p.m. Open Land Grass Fire 60th & Dallas 04/06/94 7:06 p.m. Single Family Dwelling 2700 Block of Shadyview Lane 04/06/94 8:54 p.m. Parkside Apartments 12055 41st Avenue North 04/06/94 9:04 p.m. Single Family Dwelling 3400 Block of Pilgrim Lane 04/07/94 1:19 a.m. Single Family Dwelling 1800 Block of Ithaca Lane 04/07/94 4:05 a.m. Single Family Dwelling 3700 Block of Wellington Lane 04/07/94 11:10 a.m. Open Land Highway 55 & 18th Avenue 04/07/94 1:12 p.m. Single Family Dwelling 12900 Block of 54th Avenue 04/07/94 1:37 p.m. Public Street 41st Avenue & Vicksburg Smoke in residence Painters accidentally sprayed paint in smoke detector Liquid accidentally spilled onto electrical outlet Vehicle Fire Odor Investigation - Electrical Blanket Grass Fire Workmen sanding sheet rock activated alarm Washed roadway after Vehicle accident League of Minnesota Cities House Senate Cities not a high priority in either bill Gary Carlson and Sarah Hackett The House and Senate Tax Committees will put their final touches on their respective tax bills on Friday April 9. The full House and Senate will most likely act on them sometime during the week of April 11. Although both bills contain some favorable city provisions, neither are, on whole, particularly beneficial for cities. House tax bill The House bill would freeze future local government aid and homestead and agricultural credit aid (HACA) funding for cities. Although local gov- ernment trust fund (LGTF) revenues are expected to grow by more than $107 million next biennium, none of this revenue would be available for cities. The House bill would continue to siphon off trust fund revenue growth to help pay for general fund programs, leaving no growth for 1995 or 1996 aid to cities. The House bill would likely avoid any city aid cuts in December. To do this, the bill would carry up to $35 million of the trust fund deficit forward into the next biennium. This effec- tively uses a portion of the future trust fund revenue growth to pay for the current shortfall. Although unlikely, the House provisions could still result in Decem- ber aid cuts. If sales tax revenue growth estimates go down or if the cost of non -city trust fund programs exceed current estimates, city LGA and HACA would be cut. The House bill would also reduce trust fund revenues by phasing in a sales tax exemption for replacement capital equipment purchases. To offset the larger trust fund deficit in the next biennium caused by House tax provi- sions, the bill would remove the $100 Cities face new challenge on uniform elections Ann Higgins Just when legislators appeared to agree to let cities schedule city elections in November of odd or even -numbered years, the Senate ethics committee approved S.F.2395 (Luther, DFL -Brooklyn Park) a bill that would force nearly 700 cities and all counties to hold local general elections only in November of odd - numbered years. The committee passed the bill on Tuesday, March 29, four days after the deadline for committee action on bills. The proposal, which is supported by the Minnesota School Boards Association (MSBA), now goes to See Elections, page 10 8,1994 bills Capitol rumors... Governor Arne Carlson said on Thursday he will veto any tax increase again this year. The House and Senate tax bills will likely include tax increases that could trigger a gubernatorial veto. If that happens, there may not be a 1994 tax bill. Without a tax bill, the $29.5 million trust fund shortfall would result in automatic cuts in city LGA and HACA in December. Watch the Cities Bulletin for more information. million renters' refund program from the trust fund. However, this will not make any additional money available to cities because the trust fund revenue growth would continue to be siphoned off to help pay for general fund programs. Senate tax bill The Senate tax bill would elimi- nate the local government trust fund at the end of this biennium. The Senate Route to: See Tax bill, page 4 .- ���Coritents House and Senate move quickly. on tax -bills ............................. 1 Cities: face new challenge on uniform elections ........................ 1 City affiliate groups now on board for Unity Day Rally ........... 3 Bill.to bully]&al.officials into silence dies for now ................ 5 LMC fights. for,city authority to provide electric service in. annexed areas ........:......... 5 ..................:................ Senate committee 1 tables telephone regulationproposal ........... 6 BWSR seeks wetland, regulatory simplification ........................ 6 Update on -annexation, open meetings, landfill cleanup, health care,- -'and other issues .................................... 7 League looking for volunteer ambulance sample ordinances, bylaws................................................................. 8 LMC encourages local officials to apply for Springsted training scholarship................................................................ 8 For cities, a summer of safety, through national service ........... 8 .Regional hazardous materials teams rules proposed ................. 9 Federal and state health care plans falter .................................. 9 LeagueLegislative Wrap-up Sessions scheduled for May........ 9 Waste education coalition has vacancy ................................... 10 -Bill summaries ............................. ............................................ BI Training/awards....................................................................... B4 1994 City Achievement Awards .............................................. 11 Municipalads.......................................................................... 12 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 Bulklin lists authors of bill summaries and sone articles by their initials. Ann Higgins - AH Joel Jamnik - JJ League legislative staff members are available to answer your quev-ions concern- ing legislation relating to cities. Executive Director Editors Jim Milkr Typesetting and design (cnyle Rnwlt Tim Russe Lnuric /ludrue 1994 top issues The League of Minnesota Cities has eight priority issues for the 1994 legislative session. We will include this list every.week with a.page number after the issue if we include a story. State Aid to Cities - Preserve 1994 level andseek additional funding for future years for LGA and HACA. / page 1 Local Government Trust Fund - Stabilize the LGTF and resolve the current shortfall. / page I Open Meeting Law - Clarity require- ments and permit defense of alleged violations. / page 7 Annexation - Preserve 1992 annex- ation amendments, expand cities ability to annex urban or urbanizing areas, and control growth in nonurban areas. / page 7 Landfill Cleanup - Establish new Program separate from Superfund to clean up closed municipal landfills. / page 7 Public Employment Labor Rela- tions Act - Reform PELRA's interest arbitration provisions to balance the bargaining power of essential and nonessential public employees. Development/Redevelopment - Remove the aid penalties on TIF for manufacturing and redevelopment districts; obtain additional funding for Pollution clean-up. / page 1 Transportation Systems Funding - Increase funding for roads and transit by extending the sales tax it) gasoline: or increase the gas tax and establish League of Minnesota Cities, 3490 LexingtonAvenue North, St. Paul, MN 55126 dedicated revenue for transit. 1111011c: tt') 2) °9l! S{,(q): pox: (t, t 2) 49(1-(8)72; TDD: (ti 12) 490-9n3o; 1-800-925-1121, co us your city de. Printed on recycled paper Page 2 - - — — - - -- LMC Cities Bulletin 7 =3 City affiliate groups now on board for Unity Day Rally Duke Addieks Presidents of three city affiliate groups will rally with League of Minnesota Cities President Chuck Winkelman and city officials from throughout the state at City Unity Day, Thursday, April 21, 1994. "We're very pleased they are anxious to participate," said Winkelman, Mayor of St. Cloud. The three presidents are: Coalition of Greater Minnesota Cities Presi- dent Wayne Klinkhammer, mayor of Owatonna; Association of Metropolitan Municipalities President David Childs, city manager of Minnetonka; and Minnesota Association of Small Cities President Dan Elwood, Administrator of Spring Valley. "Cities need a revenue source other than the property tax," Winkelman said. "The local government trust fund was estab- lished to provide a source of revenue based on a statewide sales tax rather than each city establish- ing a local option tax. So far, the trust fund has worked poorly due to manipulation by legislators and the state administration. But we are confident that, as more and more is demanded of city government, the state will lessen our reliance on the property tax by keeping its commit- ment to the principals of the local government trust fund." "A good turnout at the City Unity Day Rally will show the governor and the Legislature that cities are serious about their hope that the state will help them to achieve fiscal stability, improve their local economies, and deliver city services more efficiently." 0 April 8, 1994 City Unity Day Rally Schedule of events: Meet at the Kelly Inn near the State Capitol in St. Paul 9:00 a.m. Coffee and rolls 9:30 to 11:30 a.m. Briefing Then walk to the Capitol to confront our legislators outside the Senate and House chambers. Find out how the Legislature will affect cities in the closing days of the 1994 session. Tell your legislators how they can help cities achieve fiscal stability and improve their local economies. This will be the critical time when the omnibus tax bill which may or may not deal adequately with our issues is being finalized. Your presence will strongly influence the outcome of this legislative session. Return the registration below to the League. ----------------------- Yes! We're coming to St. Paul to the League of Minnesota Cities City Unity Day Rally. City (please print or type) Name Name Name Registration fee is $5. (Please make advance registration if at all possible so we can have an adequate number of briefing papers.) Make check payable and mail to: League of Minnesota Cities Attn: Finance Department 3490 Lexington Avenue North St. Paul, MN 55126 Page 3 Tax bill continued from page 1 replacement for the trust fund is an LGA index that would provide only 1.7 percent growth in LGA for 1995. This is far less than the nearly four percent average growth in sales tax revenues into the trust fund. In addition, city HACA would continue to be frozen under the Senate tax bill. The Senate would fund up to $29.5 million to cover the current trust fund deficit. This would likely eliminate tht: need for any December LGA and HACA reductions. However, if sales tax revenue growth estimates go down further or if the cost of other non -city trust fund programs exceed current cost estimates, cities could still face December aid reductions. LMC Executive Director Jim Miller testified against the elimination of the LGTF and in support of an increase in funding for LGA and HACA. The Property Tax Division of the Senate Tax Committee passed its portion of the bill, and it will now go to the full Tax Committee for inclusion in the omnibus tax bill. Senators said they would continue to work with cities on the issue. TIF provisions: Senate bill helpful, House considering serious restrictions The Senate tax committee's omnibus bill appears likely to include several provisions to improve tax increment financing (TIF). The House, however, is considering very seriously restricting its use and penalizing all cities, regardless of whether they use TIE The League has testified against the restrictions contained in H.F.3195. House Tax Committee Chair Ann Rest (DFL -New Hope) is a longtime opponent of TIF and has authored this bill to attempt to pass many new restrictions and penalties. The propos- als in the bill appear to try to position the House in anticipation of a confer- ence r011111littee with a Senate tax hill that supports TIF By the end of the day on Friday, we will know whether the House Tax Committee agrees with her position, or whether they indeed support TIF as a development/redevel- opment tool for their cities. Penalty on statewide LGA/ HACA pots Of the many new TIF restrictions in H.F.3195, the most onerous is the establishment of a penalty on the total local government aid (LGA) program each time a city uses TIF. Rest's bill would create a new penalty to replace the current LGA/HACA offset. This bill would deduct the "hypothetical" cost of lost state school aid due to TIF districts from the total statewide LGA and HACA allocations for cities. If any city chose to use TIF, all cities receiving LGA or HACA would lose. This requirement would obviously pit cities against each other and totally cripple not only the tool, but the limited state aid programs available to cities. In the brief hearing on the bill (just introduced on April 4), Rep. Rest justified the new penalty because of the claim that TIF "benefits everyone." If she actually accepted this claim she would eliminate all penalties for using TIF, because it improves the tax base for all local taxing districts. This provision is quite ridiculous --it doesn't make sense for a city in one part of the state to be penalized because another takes the opportunity to clean up pollution or assist a business to create jobs. County withdrawal of their tax rate from TIF The House bill might also include a provision to allow a county to prohibit the use of its tax rate to generate tax increments. This is not a simple county veto, but parallels the bill introduced by Rep. Edgar Olson (DFL; Fosston) to create a community tax abatement program (CTAP). That bill would have allowed counties to grant separate tax abatements of their taxes and to determine the length of the abatement. The tax bill would allow a county to determine how much, if any, of its tax rate could be contributed to a TIF project. Counties could also determine how long their tax rate could be used by the TIF district. If a county.were to withhold all of its. tax rate, the com- bined tax rate of the city and the school _listrict (on average 60 percent of the total tax rate) would rarely generate adequate revenue. Such a restriction would make the sale of bonds for pollution cleanup, redevelopment, construction of housing, and rcunomic development unworkable. Volume caps and income Iimits Rest's bill also includes a proposal for "volume caps" on the amount of TIF each city could use. Upder the calculated limit, cities with healthy tax bases would be restricted from using TIF. More than 10 cities would immediately be prohibited from using TIF in the future because they are over their calculated limit; many others would have very little tax capacity available to use for TIF. Income limits for all new TIF housing districts are also included in her proposal. TIF a necessary tool Many legislators and others still do not understand how the penalties imposed by the 1990 tax bill have severely limited the use of TIF and that the perceived abuses are no longer possible. Proposals such as those in H.F.3194, would eliminate the only tool the state has provided for cities to improve the state's economy, redevelop urban centers, clean up polluted sites, and create low -and moderate -income housing. Next week's Cities Bulletin will include a summary of the House and Senate tax bills that will he consid- ered by the full houses. 0 Page 4 —------- ----- --- LMC Cities Bulletin C 0 E Bill to bully local officials into silence dies for now Duke Addieks On March 31, after the deadline for bills to come out of committee, the House Ethics Committee heard H.F.2982 which Representative Marc Asch (North Oaks) introduced only 10 days earlier. The bill would prohibit, under penalty of a gross misdemeanor, any city, county, school or township elected official or employee from commenting on any proposed legisla- tion unless, first, their governing body by a majority vote took a position on the legislation (a two-thirds vote if the legislation would increase a tax or fee, such as the gasoline tax). Then, according to the author, although the bill was not clear about this, the elected officials or employee could only communicate the position of the governing body. League staff strongly opposed the bill. And, although the hearing was after the deadline, there was some fear that the contents of the bill might be amended onto some other legislation already on the House floor. The lobbying restriction in the bill would apply to the lobbyists for the unit of government as well as elected officials. Thus the League, Coalition of Greater Minnesota Cities, Association of Small Cities, and Association of Metropolitan Municipalities could not speak on behalf of a city unless that city's governing body voted to support the position taken by its association. Neither could an elected or appointed official testify or contact a legislator on behalf of their association's position unless their council first adopted a position in support of the position. This proposed legislation would discourage communication between local government officials and the legislators who represent them. Even an informal conversation could result in a gross misdemeanor conviction. City officials, and all local government officials, want to be April 8, 1994 partners in government. Making it a serious criminal offense for individual elected officials or employees to speak their mind would not improve govern- ment in Minnesota. No vote was taken on the bill, and thus it appears dead for the session. But some members of the House Ethics Committee are troubled by local government lobbying; therefore restrictions similar to the ones outlined above may well receive serious attention during the 1995 legislative session. 0 LMC fights for city authority to provide electric service in annexed areas Ann Higgins The League is working with the Minnesota Municipal Utilities Association and the Coalition of Greater Minnesota Cities to defeat an attempt by the Minnesota Rural Electric Association to cut off city authority to provide municipal electric service to residents and businesses in annexed areas. Please contact your legislators immedi- ately to oppose bringing SX788 to the floor of the House for final action. Language in S.F.788 has never been considered in committee in the Senate. Instead, the House author of the proposal amended the Senate file to incorporate language (formerly H.F.2456) supported by rural electric cooperatives. That bill would weaken local eminent domain authority to prevent cities from providing initial service to areas or customers not currently served in co- op service territory located in the city. Current state policy under the Minnesota Public Utilities Act recognizes that cities should furnish initial service to undeveloped annexed properties. A few cities have used quick take condemnation to expedite transfer of a portion of a larger service area being acquired from a rural electric cooperative through general condemnation. While the quick take process is seldom used, it is necessary to avoid needless expense and redundant investment for infrastructure which will add to the cost of city ratepayers. Transfer of service areas by quick take condemnation affects only the timing and does not impede remaining condemnation proceed- ings. Quick take simply gives cities an efficient method to serve new development and overcomes problems often associated with reluctance on the part of the co-op to reach a settlement, frustrating further attempts by the city to extend service to those locations. 0 Page 5 Senate committee tables regulation proposal Ann Higgins On March 25 a Senate committee tabled a bill which would have capped telephone rates at current levels in return for allowing telephone compa- nies to offer a wide range of new services under a new form of regulation that would free the industry from current state controls. The bill was S.F.2473 (Chandler, DFL -White Bear Lake), companion to H.F.2408 (Jennings, DFL -Harris). The League and the Minnesota Association of Cable Television Administrators (MACTA) argued that the bill failed to protect local govern- ment interests. It would have taken away local authority to require provid- ers of video, voice, data, and interac- tive services to guarantee public access and support for public, educational, and government programming. The League and MACTA first heard about the legislation in early March. We expected working on amendments to the Minnesota cable act to extend city authority on cable communications to all telecommunica- tions providers using city rights-of- way. When the Senate Jobs, Energy and Community Development Com- mittee announced that it would consider S.F.2473/H.F. 2408, city officials argued that a change in telephone regulation at the state level could threaten the taxpayer andprivate investment in video communications established through cable franchising agreements as well as community access programming. The League and MACTA proposed amending S.1{2473 so that new telephone services that included video signals or programming would be subject to local franchise agreements and applicable federal regulation including rate regulation and payment telephone of franchise fees. Telephone industry representatives objected to that proposal. In addition, .the League asked that after the 1994 session, the Legislature undertake.a major study of.changes in state .and local regulation of telephony, telecommunications, and other infor- mation technologies and services. The Purpose would be to identify how to address public access to new services and the interconnectivity and compat- ibility necessary to provide all areas of the state with a broad range of services at affordable rates. The Senate committee tabled the bill on a divided voice vote after hearing testimony from Mayor Bob Benke of New Brighton, current LMC First Vice President, and attorney Tom Creighton, administrator for several metro area cable commissions and former MACTA Board member. Creighton said cities want all citizens to have equal :access to whatever telecom- munications network is established in cities and throughout the state. Local control is necessary to assure that whatever new information technology is used to deliver new services and products, it will keep up with advances available elsewhere. The new informa- tion superhighway should respect local standards and abide by requirements to avoid undue interference with the use of public rights-of-way. 0 S seeks wetland regulatory simplification Joel Jamnik The Board of Water and Soil Resources (BWSR) has responded well to the requests of local govern- ments and other interested parties to aggressively pursue ways to simplify wetland regulatory systems. A March 17 memo sent to all local government units responsible for administering the wetlands conservation act outlined the steps taken by the board. BWSR has approved the revision of the combined project notification form so that it may be accepted as a permit application by all affected agencies. There is also a tentative agreement among all federal and state oversight agencies to allow broader access to the state wetland bank for projects where wetland impacts can not be avoided. And a draft general permit agreement has been reached with the U.S. Corps of Engineers that would eliminate duplicate permitting for projects involving less than half acre of wetland in most situations. These initiatives are important steps to coordinate and simply regulatory programs and reflect a growing acceptance and understand- ing of the benefits offered by local government administration of environmental protection programs. The BWSR has also been instrumental in supporting essential modifications to the wetland conser- vation act in the 1994 legislation. 0 Page6 --- - ---- ----------- --- - -- — --- --- - LMC Cities Bulletin L9 Update on annexation, open meetings, gs, landfill cleanup, health care and otherissues Joel Jamnik Three LMC "A" priorities, annexation, open meetings, and landfill cleanup all were affected by the second committee deadline last Thursday. "A" priorities The open meeting law bill did not make it out of the Senate Judiciary Committee but there have been some indications this week that it will be considered further during the 1994 legislative session. At a meeting earlier this week between some of the House and Senate authors of the annexation legislation, Rep. Chuck Brown (DFL -Appleton), chair of the House Local and Metro- politan Government Committee, indicated he will move to have the House concur with the Senate amend- ments to H.F.228. The landfill cleanup bill has now gone to the Senate Finance and House Appropriations Committees for further discussion and refinement of the funding elements. "B" and `iC" priorities Other bills addressing `B" or "C" LMC priorities are also pending. Some of these are: S.F.1909 (Price)/H.F.2158 (13ishop) which would reduce ground- water pollution and promote connec- tions to existing public -owned sewage treatment facilities by extending the Minnesota Pollution Control Agency's individual septic tank system regula- tions (covering design, installation, testing) to all septic tanks throughout Minnesota. The rules are currently applicable only in the state's shoreland zoning areas. H.F.2126 (Orfield)/S.F.2362 (Chandler), which as introduced would have required the Environmental April 8, 1994 Quality Board to engage in a statewide zoning initiative, has been amended both houses to require creation of a task force. H.F.2668 (Mosel)/S.F.2193 (Morse), would create a state revolving loan fund for water treatment systems similar to the revolving loan fund for wastewater treatment facilities. It is in the Senate Finance Committee. H.F.2401 (Dempsey)/S.F.2185 (Pariseau), would have the state return excess building permit revenues to local governments to help defray the cost of meeting the state's building inspector certification requirements. This bill would reverse the action in 1991 to retain any excess amounts from local building permits in the state's general fund. The bill is in Senate Finance and may still pass. H.F.2243 (Rukavina)/S.F.1944 (Kelly) would increase the minimum wage for large and small employers (large are those with sales or business of $362,000 per year or greater). The proposed wage increase are: Large Small July 1, 1994 $5.00 $4.75 July 1, 1995 $5.75 $5.50 July 1, 1996 $6.50 $6.25 On July 1, 1997, and each July I thereafter the minimum wage would be adjusted by the same percentage as the change in the consumer price index for the preceding calendar year. The League has taken no specific position on the minimum wage proposed. I would like to hear from our members if the proposal would have any signifi- cant impact on cities. Health care H.F.2525 (Greenfield)/S.F.2192 (Berglin) would establish July 1, 1997 as a target date for providing universal health coverage for all uninsured Minnesotans. The bill would require that each Minnesota resident obtain and maintain health care coverage at a minimum prescribed level. The bill proposes a divided state health care plan which would channel everyone into independent service networks (ISNs), a state -regulated all - payer option (RAPOs), or a community integrated service network (CISN). An ISN is a nonprofit corporation that provides general preventive and primary care through inpatient hospital care for a fixed price (similar to the HMO system). A RAPO is a system employing fees for service, often reimbursed by insurance of self- insurance programs. One interesting feature for smaller cities in Greater Minnesota would be the use of CISNs. These are viewed as mini-ISNs, serving up to 50,000 people. They would begin operations January 1, 1995. The desire for these intermediate ISNs is partly to ensure availability of health service through- out the state and may reflect a growing legislative concern that the ISN system will become a small set of very large statewide providers that would be resistant to effective managed competi- tion. Consequently, the bill also proposes to modify current law which. authorizes ISN creation on July 1, 1994 to delay formation of ISNs until January 1, 1996. No funding is identified for the bill, although there have been discus- sions regarding the repeal of the health provider tax (a two percent gross revenue tax on health care services) and its replacement with an individual income tax surcharge (maybe up to 15 percent) or a continuation and expan- sion of a recently expired cigarette tax.0 Page 7 League looking for volunteer ambulance sample ordinances, bylaws The League's Research service would like to receive recent copies of- • Ordinances establishing volunteer ambulance, depart- ments and • Samples of any bylaws or organizational guidelines for volunteer ambulance departments Please send these items to league of Minnesota Cities (Attu: Library), 3490 Lexington Ave. N., St. Paul, MN 55126-8044. 0 LMC encourages local officials to apply for Springsted training scholarship The League of Minnesota Cities would like to encourage local officials to apply for the Springsted training scholarship. At the 1993 annual conference, Springsted, Inc. presented the League with a $2,000 grant for funding scholarships for local officials. The program provides opportunities for local government officials to get training that will help in their positions. Scholarship criteria include serving as an elected or appointed official as a League member and have no current plans for leaving the position; finding it difficult or impos- sible to attend the training program duc to limited organization funds; relating the program to the official's current responsibilities and would benefit the performance of duties; and writing a report describing the benefits of the program. The League may publish the report. A letter of application should include training dates, location, and cost. Send the letter at least one montit before the training program to League of Minnesota Cities, 3490 Lexington Avenue North, St. Paul, MN 55126, Attn.: Sharon Klumpp. For more information call Sharon Klumpp at (612) 490-5600. 0 For cities, a summer of safety, through national service James Scheibel Every elected official knows that strong communities require active citizen participation. While mayor of St. Paul, I always sought ways to involve citizens in solving community problems. In my new capacity as vice president of the Corporation for National Service and director of ACTION. I will help city leaders use the new opportunities offered by an expanded national service program to bring people of all ages and back- grounds together. We will seize those new opportuni- ties this summer. Following the lead of National League of Cities vice president, Carolyn Long Banks, and hundreds of other local leaders nationwide, Presi- dent Clinton has declared this summer a Summer of Safety for national service. This June, 6,000 Summer of Safety participants will come together across generations, ethnicities, income levels, and political parties. Some of the volunteers will receive living; stilxuds and post -service education awards. All of them will get things done to help fight violence and fear in our communities. They'll escort victims of violent crimes to courtrooms and staff courthouse child care centers. They'll teach literacy to adults and mentor youths so that our citizens have real alternatives to violence. They'll help organize neighborhood watch associations. And they'll work in city precinct houses, staffing telephones, researching firearms records, and mapping crime reports so that police officers can spend their time on the streets and spend it more effectively. While the Summer for Safety will focus on public safety, the corporation's year-round effort— including President Clinton's 20,000 - member AmeriCorps program to be launched this fall—will also address environmental, educational, and human needs in our communities. As the mayors and police chiefs wrote in a recent report to President Clinton, we must all learn to "view affordable housing as a weapon to fight crime; to view child care, job training, recreation programs, community development, and transportation to jobs as weapons to fight crime." National service is it great opportu- nity for cities. Fli Segal, assistant to the president and chief executive officer of the corporation, recently acknowledged the key role of city leaders saying, simply, that "you will, to a large extent, determine whether this movement of national service will succeed or fail." There are many ways that you can help national service succeed. If you're interested in applying for the Summer of Safety grant program (or want to get a high quality program in your city involved), contact the corporation directly at (202) 606-5(XX) as soon as possible. if you're interested in the corporation's year-round community service programs, contact your state ACTION office, or the state commis- sion which is now in the process of coordinating potential AmeriCorps programs in your state. I look forward to working with you to help meet that challenge, through the Summer of Safety, and through the difficult and exciting seasons of community service ahead. 0 James Scheibel, Vice President of the Corporation for National Service and nirvelor (?f ACTION, is f n-iner/v the mavorof.Vt. Paul. Keprinted.limit Nations Cities Weekly, Man -h 7, 19V4. Page 8 LMC Cities Bulletin Regional hazardous materials teams rules proposed Joel Jamnik The Department of Public Safety has proposed rules to create a regional system of hazardous materials emergency response teams and hazardous materials chemical assessment teams. The rules would set out the following: • Factors for establishing the service area locations of teams, • Requirements for designating teams in each service area, • Numbers and qualifications of team members, • Procedures for establishing equipment requirements for each team, • Procedures for selecting and contracting for teams, • Procedures for dispatching teams, • Categories of response costs to be recovered from the person responsible for causing a hazardous materials emergency, • Procedures for the reimburse- ment of teams for their costs of response, • Methods of coordinating team response with other state departments and agencies, local units of government, other states, Indian tribes, the federal government, and other nonpublic individuals. A free copy of the rules is available from Robert Dahm, State Fire Marshal Division, 450 North Syndicate St., #285, St. Paul, MN 55104, (612) 643-3089. You have until 4:30 p.m., Wednesday, May 4, 1994, to submit written comment in support of or in opposition to the proposed rules or any part or subpart of the rules. Your comment must be in writing and should identify the portion of the proposed rules addressed, the reason for the com- ment, and any proposed change. April S, 1994 Federal and state health care plans falter Joel Jamnik Minnesota and the federal govern- ment are both encountering difficulties in ensuring available and affordable health care. In Minnesota, the MinnesotaCare program has seen its bipartisan support shaken because of political, interper- sonal, programmatic, and financial considerations. While the major Senate players have seemingly patched things up, the problem of how to raise funds for the program recently caused a flare up between the Senate Tax Committee and the governor. No final decisions have yet been made regarding what this year's Legislature will pass. In Congress, the situation is even more fragmented. Three House committees and two Senate committees will struggle to establish a national framework for health care delivery. No one knows what will happen. In these circumstances, developing policy positions for cities is extremely difficult. We have concerns about proposals requiring all employers, including cities, to pay for 80 percent of the cost of a standard package of health insurance benefits, and only allowing a limited ability to self -insure. The House Health Subcommittee of Ways and Means recently rejected President Clinton's proposal for mandatory health care alliances and approved the employer mandated payments. We suggest cities evaluate their current health plan programs and costs and get prepared to compare federal and state proposals as they develop. 0 You may also request that the department hold a hearing on the rules. The request for a public hearing must be in writing; include your name, address, and phone number; and must reach the agency by 4:30 p.m. May 4, 1994. The department encourages you to identify the portion of the proposed rules which caused your request, the reasons for the request, and any changes you want made to the pro- posed rules. If 25 or more people submit a written request for a hearing, the department will hold a public hearing on June 9, 1994, at 9:00 a.m. in Room 15 of the State Capitol. If the depart- ment does not receive requests from 25 or more people, it won't hold the hearing. If you request a public hearing, the department will notify you whether or not the hearing will be held. Or, you may call Robert Dahm at (612) 643- 3089 after May 4, 1994. Regional teams will receive state assistance and the process is expected to be competitive. The League asks that Bulletin recipients forward this information to city emergency response personnel, particularly your fire chief. 0 Page 9 Elections, continued from page 1 the Senate Rules Committee, where the author intends to request an.exemption from the March 25 committee deadline in order to bring the bill to the Senate floor for a vote. The League objected to the approval of S.F.2395 after the deadline and opposes the request for exemption to the deadline for committee action on bills. The Minnesota Association of Small Cities and the Minnesota Clerks and Finance Officers Association also object. The League urges city officials to ask legislators to oppose S.F.2395. Instead ask them to resolve differences between the House and Senate versions of S.F. 1512, which have been adopted by both bodies. The MSBA proposal would force 587 smaller cities (with populations of less than 2,500) to move the date of local elections from even -numbered to odd -numbered years, necessitating cities to conduct elections every year as a result. Although the bill would require school districts to reimburse cities for a portion of the costs of combined elections, it would require cities to follow secretary of state's rules on cost-sharing. The bill fails to address problems with school district boundaries that are not established along physical, recognizable features and which often split existing city precincts. All but 107 cities currently hold local elections in November of even - numbered years, when voter turnout is significantly higher than during off- year elections. The House has approved S.F. 1512, (Osthoff, DFL -St. Paul) which retains local flexibility in setting the date of November general elections. The bill would require school districts to move their elections from May to November of either odd or even -numbered years, extending school board terms from three to four years during the transition. That bill would exempt school bond referenda from uniform election dates. Cities, however, would need to Page 10 hold elections on bond sales only in September or November or conduct the election by mail on other dates. The Senate initially approved S.F. 1512 by a vote of 65-0, at the close of the 1993 session, but only.after Provisions requiring school districts .to move, their elections: to November had been deleted from the bill. The House version of the bill, adopted on a vote of 112-22 on March 21, requires school districts to move school board elections to November, beginning in 1995. Luther's bill, S.F.2395 would bar cities, counties, and school districts from holding special elections during the 19 weeks before the state primary election. The League will work to keep cities' flexibility in soheduling elec- tions and uphold home rule charter authority for local elections. 0 Rast-e education coalition has vacancy Joel Jamnik The April 4 issue of the State Register included notice of vacancy in the Waste Education Coalition. Foran application write to the Office of the Secretary of State, Open Appointments, 180 State Office Building, 100 Constitution Ave., St. Paul, MN 55155-1299, (612) 297-5845; or in person at Room 174 of the State Office Building. More specific information about the vacancy is available from the agency. The application deadline is April 26, 1994. Waste Education Coalition: Office of Waste Management, Waste Educa- tion Program, 1350 Energy Lane, St. Paul, MN 55108. (612) 649-5750. Appointing Authority: Office of Waste Management. Compensation: Expenses. Vacancy: One --a representative of local government in Greater Minnesota to represent waste education issues in this region. The coalition advises and assists the staff of the Office of Waste Management to develop, implement, and coordinate state and regional resources in an integrated long-term waste education program which encourages the reduction, reuse, resource recovery, and proper management of solid and hazardous wastes. Eighteen members: One member each from the Pollution Control Agency, Metropolitan Council, Department of Education, Department of Agricul- ture, Environmental Education Board, Environmental Quality Board, educational institutions, other public agencies with responsibility for waste management or public education, and three persons representing private recycling or solid waste industries. Meeting schedule: Up to twice a month, five hours a month, at the Office of Waste Management. 0 LMC Cities Bulletin r Bill summaries Elections COdificatlon of legislative districts S.l?2197 (1'ogcn►illcr, Laidig) (lsthics & Campaign Reform) would codify and recodify the 1992 legislative district boundaries and set boundaries to avoid splitting the cities of Willernie and New Hope and to simplify the division of Ham Lake. Companion H.F.2602 (Rodosovich). AH Codification: Congressional districts S.E2199 (Pogemiller, Laidig) (Ethics & Campaign Reform) would officially recognize in statute the 1992 congressional redistricting plan adopted by the Minnesota special redistricting panel. Companion H.F.2671 (Rodosovich). AH Eliminating combined precincts; precinct boundary changes S.F.2297 (Pogemiller) (Ethics & Campaign Reform) would allow cities to establish a single, combined polling place if the city is smaller than 20,000 population and it is located in more than one county, or has two contiguous voter to petition the county for a recall election of an elected county ofliciul by setting forth allegations rather than specific facts regarding malfeasance or nonfeasance in office. At a public hearing, evidence would need to include specific facts to support the allegations. Petitioners would be represented by the attorney general and not assessed any legal costs associated with the hearing. The elected county official would be represented by private legal counsel at the official's own expense unless the county assumes legal costs. AH Public hearing for city lobbying H.F2982 (Asch) (Ethics) would require cites (and other local govern - ments) to place a notice, in a newspaper and hold a public hearing prior to trying to influence legislative action on bills. The notice would need to indicate the city's position on the actual legislation and how the bill would affect residents and businesses within the city. The bill would require local elected officials to adopt an official additional standards ol'ethical behavior for local elected off icials and employ- ees including a ban on the use of confidential information or public property for private interest. AH Code of ethics S.F.2375 (Pariseau, Terwilliger, Stevens) (Ethics & Campaign Reform) would establish standards of conduct for state executive and legislative officials and public employees includ- ing principles barring misuse of office (for private gain), improper benefit (gifts) for performance of public duties, misuse of public property, personnel and resources (for private gain), disclosure of nonpublic information (for private gain or personal advan- tage), improper endorsements (of commercial products), use of name or official duties by nonpublic enterprises, improper coercion, conflicts of interest, nepotism, and acceptance of honoraria and outside employment, and would provide for a comprehensive ethics manual and an education program to be conducted by the State Ethical Prac- tices Board. AH precincts with fewer than 500 regis- position on the legislation by majority tered voters or has up to four contigu- vote; or by a two-thirds vote for bills Conflict of interest disclosure ous non -metro local election jurisdic- tions in the same congressional, that increase state or local taxes. S.F.2483 (Terwilliger) (Ethics & legislative, and county commissioner Violations would be gross misdemean- ors. Local governments would need to Campaign Reform) would make city district. disclose to the State Ethical Practices appointed and elected officials in cities over 50,000 population in the metro - Under the bill, cities could make changes in precinct boundaries until Board issues on which they are politan area subject to state employee 2(HN) (instead of only until 1997), lobbying. They could only have one employee and either a contract lobbyist code of ethics requirements under provisions requiring disclosure of school district elections must be held in or one association lobby on behalf of potential conflicts of interest. AH precincts and polling places established the city. by cities, counties, or townships when Under the bill, all local elected Environment other elections are being conducted at officials and employees who make or the same time or at a combined polling recommend spending or investment Wetland conservation act changes place for up to 10 precincts only in decisions would be subject to state H.F.3179 (Munger, Tunheim, V. those precincts in which no other conflict of interest disclosure and Johnson, Peterson, I. Anderson) / election is being conducted. Compan- economic interest reporting require- S.F.2724 (Stumpf) (Environment & ion H.E2672 (Rodosovich). AH ments. The bill would prohibit all Natural Resources) would make several officials and employees from accepting changes to: clarify that the wetland Ethics payments, gifts, or other benefits other conservation act applies to the state and Removal of county elected officials than gifts of nominal value, plaques, its departments; provide a broader reimbursement for direct expenses exemption for draining and filling H.F.2538 (Weaver, Skoglund, approved in advance, or for appear- operations of wetlands within existing Abrams, Lieder, Delmont) (General ances for which the city does not public road rights-of-way; allow the :Legislation) would allow a registered compensate them. The bill would set Board of Water and Soil Resources to April 8, 1994 BI Bill summaries continued approve, as an alternative to the permanent rules program, comprehen- sive wetland protection and manage- ment plans developed by local govern- ments; remove the $75 cap and fees; limit public notice requirements; and appropriate money. JJ Permit for spreading contaminated soils H.1?3046 (1. Anderson) (Local Government & Metropolitan Affairs) would prohibit the Minnesota Pollution Control Agency from issuing a permit to spread soil that contains a harmful substance generated outside of the local unit, unless the township board or city council of that jurisdiction has ap- proved the proposal. JJ Finance and revenue Public debt issuance and assessment S.F.2884 (Pogemiller) (Taxes & Tax Laws) would allow public agencies that administer low-income housing programs to use the Revenue Recapture Act. The bill would clarify that real property acquired by local govern- ments under Iease purchase agreements or installment purchase contracts are tax exempt, at least to the extent that they are not leased or subleased to any private party. The bill specifies the treatment of municipal obligations issued to finance any unfunded liability of local relief associations, including modifications to amortization state aid. The proposal would modify the special assessment law to authorize on-site water contaminant improvements including authorizing privately owned water contaminant improvements; allow city public or private sales of financial instruments in a secondary market; and authorize cities, ADAs, HRAs, or port authorities to make secured or unsecured loans to a business, profit or nonprofit organiza- tion, or an individual as part of a program of economic development. The bill makes several other changes in public finance law. JJ B2 General government Bidding flexibility/service consideration S.F.2750 (Vickerman) (Metropoli- tan & Local Government) would allow a municipality to award a contract to a bidder whose bid is no more than five percent higher than the lowest bid if the municipality determines that it will recover the difference between the bids by "economies in the cost of service for the subject of the purchase during its lifetime." JJ Recreational or social data S.R2842 (Ranum) (Judiciary) would specify that data on individuals collected and maintained by political subdivisions for enrolling individuals in recreational and other social pro- grams are private data. JJ Complainants' access to statements S.F.2843 (Ranum) (Judiciary) would modify the data practices act to specifically allow a complainant to have access to a statement he or she provided to a state agency, statewide system, or political subdivision in connection with a complaint or charge against an employee. JJ Housing Lead abatement H.F.2916 (Clark, Winter, Simoneau, Jefferson) (Health) would amend current statutes on lead abate- ment to: -Expand the authority of the commissioner of health to adopt standards and abatement methods for lead in soil, dust, and drinking water as well as paint and other substances; -Authorize the commissioner to adopt a standard of 15 micrograms of lead per liter in drinking water in residences, schools, child care centers, and all other potable water supplies; -Conduct assessments of lead contamination sources; -Repeal local health department authority to determine response to cases of elevated blood lead levels; •Identify addresses of pregnant women and children with elevated blood lead levels; *Provide lab or field lead testing equipment or reimbursement for local lead contamination assessments; -Prohibit paint removal orders if lead-based.paint is intact unless the substance is a source of lead exposure for a specific individual and that efforts be made to protect a child with elevated blood lead levels and preserve intact paint. The bill would provide for licensing, certification, and training for people performing abatement activities; require that certain abatement work be done by licensed contractors; require MPCA to propose legislation to conform state law to federal rules; and develop lead -safe procedures for residential remodeling, renovation, installation, and rehabilitation. AH Personnel Management training/executive service 1-11.2587 (Seagren) (Governmental Operations) would eliminate commis- sioner of employee relations approval of training and would allow elected public officials and candidates request- ing leaves of absence upon assuming elected federal or state office to submit leave requests by fascimilie. AH Renaming unemployment compensation H.E3053 (Perp, Girard) (Labor - Management Relations) would change the name of the state's unemployment compensation program to re-employ- ment insurance and direct the focus of the program to retraining and re-education. JJ Public safety Dangerous dogs H.R3017 (Jefferson, Trimble, Peterson, Carruthers) (General Legisla- tion, Veterans Affairs & Elections) would change the definition of a LMC Cities Bulletin 0 Bill summaries continued dangerous dog. Currently the law requires the dog to without provocation have inflicted substantial bodily harm. The proposed law would classify dangerous dogs as any dog that without provocation has bitten or otherwise inflicted bodily harm on a human being on public or private property. The definition allows nonbiting incidents of a lower level to meet the statutory definition. The bill proposes other changes to the state's dangerous dogs statutes. JJ Ambulance attendants/first responder training S.F.2745 (Stumpf, Morse) (Health Care) would allow the commissioner of health to allow a licensed ambulance service, until August 1, 1996, to use attendants who have successfully completed the United States Depart- ment of Transportation first responder curriculum and who have been trained to use basic life support equipment as required by the Department of Health. JJ Municipal ambulance regulations H.F.3114 (Pugh) (Health & Human Services) provides that, except for a written application to the commissioner of health, a city seeking a license would be exempt from the notice hearing and commissioner decisions sections of state law, if the city has a population of more than 19,000 people and operates, through the city fire department, the ambulance service for which it seeks licensure. This bill accommodates West St. Paul. JJ Utilities Quick take condemnation in electric . co-op service territory H.F.2456 (Frerichs, Jacobs, C. Brown, Jennings) (Regulated Indus- tries) would prohibit cities from using quick take condemnation when acquiring electric co-op service territory. The .bill would require cities to petition the Public Utilities Commis- sion for interim service to locations within the service territory in condem= nation. It would apply retroactively to pending condemnations as well as to those begun on or after the effective date, which would be the day following final enactment. AH like to hear from L� 00,0092ud5Q112ZUS G April 8, 1994 The League of Minnesota Cities would like to encourage city officials to use the 1.800 number. It's part of the continuing LMC commitment to provide better, more efficient services to cities in Minnesota. Calls must be made from a touchtone telephone. If you have misplaced your city code, please call the League office. For more information contact the Leogue at 1-800-925-1122 or (612) 490-5600 B3 Training/awards wining Environmental Issues for Municipalities Bonestroo, Rosene, Anderlik & Associates, Briggs and Morgan, P.A.; Northern Environmental Technologies April 12—Bloomington Deborah: (612) 334-8449 Getting Higher Value From Public Funds Minnesota Coalition for Qualification Based Selection, Inc. and League of Minnesota Cities April 20—St. Louis Park Dave Oxley: (612) 922-9696 Environmental Programs International City/County Management Association May 4—Atlanta, GA June 14 --Chicago, IL July 21 and 22—Kansas City, KS September 8—San Francisco, CA Barbara Schwartz: (202) 962-3539 Minnesota Safety & Health Conference Minnesota Safety Council May 4-6—Minneapolis (612) 291-9150 or 1-800-444-9150 1994 Minnesota Conference on Volunteerism—Inspire Community Involvement: Dreams into Action The Association for Volunteer Administration, The Upper Midwest Association of Volunteer Centers, The Minnesota Association of Volunteer Directors, The Minnesota Office on Volunteer Services, The Minnesota Department of Human Services May 5-6—Minneapolis Metro: (612) 296-4371 Non -metro: 1-800-234-6687 Microcomputer and Information Technology Conference Minnesota Society of CPAs May 5—Minneapolis (612) 831-2707 Play it Safe: Creating a Safe Playground Environment Minnesota Safety Council May 6—Minneapolis Convention Center (612) 291-9150 North-West Metro Safe Kids Safety Fair Minnesota Safety Council May 7—North Memorial Medical Center (612) 520-5683 Effective Negotiation Seminar Minnesota Office of Dispute Resolution May 10-11 September 13-14 November 16-17 Roger Williams: (612) 296-2633 TDD Metro: (612) 297-5353 TDD Non -metro: 1-800-627-3529 Safe Kids: Alive in 2005 The First Minnesota Childhood Injury Summit Minnesota Safety Council May 12—Eden Prairie City Center (612) 291-9150 Telecommunications 6th Annual Conference Intergovernmental Information Systems Advisory Council (IISAC) May 17-18—Bloomington Jim Krautkremer: 1-800-652-9747 or (612)297-5530 The Sky is the Limit: Innovative Environmental Management Strategies for the 90s National Association of Local Government Environmental Professionals June 1-3—Washington, D.C. Sandra Garbrecbt: (202) 638-6254 Communities & Tourism 194 International City Management Association June 24 -Scottsdale, Arizona Beth Miller. (202) 962-3500 Exploring the Boundaries of Government Finance Government Finance Officers Association June 5-8—Minneapolis (312) 977-9700 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 Advanced Government Finance Institute Government Finance Officers Association July 17-22—Madison, WI (202) 429-2750 Community Development Institute University of Central Arkansas in Conway July 31 -August 5 Bill Miller or Lois Love Moody: (501) 450-3139 America's Town Meeting National Association of Towns and Townships September 11-13—Washington, D.C. (202) 737-5200 Awards 14th City Hall Public Information Awards Competition City Hall Digest Deadline: June 30, 1994 (704) 369-8528 FAX: (704) 369-8678 B4 LMC Cities Bulletin ISL �N� COMMISSION TO: FROM: RE: DATE: MEMO lA- MLC OPERATING COMMITTEE, = '-Ac•-a 1800 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 554024218 Telephone: (612) 672-3600 Facsimile: (612) 672-3777 HOUSE OMNIBUS TAX BILL/LEGISLATIVE UPDA APRIL 12, 1994 Please find attached a summary of the House Omnibus Tax Bill that will be debated on the House floor tomorrow, Wednesday, April 13th. The bill will likely pass the Senate on Wednesday or Thursday and be in Conference Committee by the end of the week. Also enclosed is a bill summary of the new Orfield legislation and a delete everything amendment which combined the comprehensive choice housing bill with the fiscal disparities bill (H.F. 2171). This bill was heard in House Tax today. The AMM gave its qualified support testifying that they don't have a position on the fiscal disparities provision. The Citizens League also testified in favor of the legislation. Hennepin County Commissioner Peter McLaughlin testified in opposition to this bill. I also testified in opposition on behalf of the Municipal Legislative Commission. Myron has amended the bill again by only capturing 40% of the new value in excess of $200,000. After 2 1/2 hours of debate, the bill was laid over. It will be heard again on Friday, April 15th. If a compromise can be reached with the Governor's office, an amended version will be proposed Friday. If a compromise can't be reached, Myron may attempt to force this legislation through the Legislature and dare the Governor to veto it. The most likely scenario is the latter with the Governor accepting Myron's dare and vetoing the bill. Finally, please find enclosed a copy of an article that appeared in the Portland, Oregon, Sunday, February 20th, paper that discusses the realties of an elected Metropolitan Council. RG&esh43&5-1. W51 P Member Cities: Apple Valley, Bloomington, Burnsville, Eagan, Eden Prairie, Edina, Lakeville, Maplewood, Minnetonka, Plymouth, Roseville, Shoreview, Woodbury (MUNICIPAL LEGISLATIVE COMMISSI N TO: FROM: RE: DATE: MEMO MLC OPERATING COMMIT'T'EE BOB RENNER, JR. _ I -- C-, 1800 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 554024218 Telephone: (612) 672-3600 3777 SENATE OMNIBUS TAX BILL/LEGISLATIVE UPDATE "ANN REST" GRANDFATHER APRIL 11, 1994 Please find enclosed pages 89 - 130 from the Senate Omnibus Tax Bill. Pages 89 - 102 are the Local Government Aid Article. Pages 102 - 130 are the Tax Increment Financing Article. Enclosed are pages for MLC Cities for '94 City Aid Cuts Eliminated Under Senate Omnibus Tax Bill. This occurs because the Senate funds the Local Government Trust Fund shortfall. Also enclosed is an update on S.F. 1991/Novak Comprehensive Choice Housing Legislation. Under the "Ann Rest" Grandfather, the $8.8 million that was appropriated for local government aid will be redistributed each year based on the new formula. This redistribution occurs even if no new dollars are appropriated for LGA.* For the few MLC cities that receive LGA, the impacts of this redistribution are shown below: City 1994 LGA Proi ected 1995 LGA Change Apple Valley 362,898 355,686 -7,212 Burnsville 327,129 327,129 0 Lakeville 469,238 458,904 -10,334 Maplewood 692,419 697,196 +4,777 Roseville 30,472 29,728 -744 *It is likely that the House Ways and Means Committee will freeze the $700,000 increase that goes to Minneapolis and St. Paul and redistribute these funds to other cities. This change will change the chart above. Member Cities: Apple Valley, Bloomington, Burnsville, Eagan, Eden Prairie, Edina, Lakeville, Maplewood, Minnetonka, Plymouth, Roseville, Shoreview, Woodbury