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HomeMy WebLinkAboutCouncil Information Memorandum 05-06-2005A CITY OF PLYMI Dummy COUNCIL INFO May 6, 2005 UPCOMING MEETINGS AND EVENTS Youth Advisory Council May 9 meeting agenda.................................................................. Page 4 Environmental Quality Committee (EQC) May 11 meeting agenda .................................... Page 5 Park & Recreation Advisory Commission (PRAC) May 12 meeting agenda ...................... Page 6 May, June, and July Official City Meeting Calendars.......................................................... Page 7 Tentative list of agenda items for future City Council meetings ........................................ Page 13 FOR INFORMATION ... News Articles, Releases, Publications, etc. City news releases concerning Crime and Fire Prevention Fund purchase of a ballistic tactical shield for the Police Department............................................................ Page 14 Elm Creek Watershed Management Commission May 11 meeting agenda ....................... Page 16 Star Tribune West Edition's Ben Steverman column noting a Plymouth legislative townmeeting....................................................................................................................... Page 17 Sun Sailor story regarding state funding for highway safety barriers ................................ Page 18 Items regarding proposed cuts in state aid to Cities: Pioneer Press May 3 report .................................................................................... Page 20 Pioneer Press May 4 report .................................................................................... Page 21 Star Tribune May 4 report, including comments from Mayor Johnson .................. Page 22 League of Minnesota Cities May 4 notice regarding a letter to the editor submitted to newspapers around the state............................................................... Page 23 Op—Ed piece on tax dollars and the state budget .................................................... Page 25 Norm Coleman opinion column on license plate and tab fees ................................ Page 26 Star Tribune May 5 report on legislative support for the proposed Twins stadium; comments from Mayor Johnson are included (correspondence between the Mayor and Plymouth residents on the issue is included elsewhere in this document) ................... Page 28 Items related to proposed gun permit legislation: Pioneer Press May 3 report .................................................................................... Page 31 Star Tribune Op—Ed piece....................................................................................... Page 32 CITY COUNCIL INFORMATION MEMO May 6, 2005 Page 1 Star Tribune report on legislative discussions about approval of a Maple Grove hospital facility............................................................................................. Page 33 Maple Grove Tri—Care Partnership information regarding its proposal for a MapleGrove hospital.......................................................................................................... Page 34 Notice of revision of mission and vision statement for Teens Alone .................................. Page 39 Suburban Rate Authority activity summary........................................................................ Page 40 KSTP-TV 5 news copy regarding the proposed "Stripped" facility ................................... Page 43 Pioneer Press Story regarding court ruling on the Eagan Carriage Hills Golf Course ....... Page 44 Dakota County Court ruling in the Carriage Hills Golf Course case ................................. Page 46 Staff Reports Hennepin County Adult Correctional Facility Population Report ...................................... Page 67 Correspondence Letter from Robbinsdale Mayor Mike Holtz to State Senator Warren Limmer regarding North Memorial's proposal for a Maple Grove hospital .................................... Page 68 Letter from Northwest Suburbs Cable Executive Director Greg Moore regarding the 2005 Cable Capital Grant payments............................................................................. Page 69 Letter from Parks Superintendent Mark Peterson regarding docks on Medicine Lake; a copy of correspondence from resident Steven Chase is also included ................... Page 70 Internet communique between Mayor Johnson and Janis and Peter Martin regarding the Mayor's comments (listed in the Star Tribune article above) ...................... Page 73 Letter from State Representative Sandra Peterson regarding the recently passed zero depth swimming pools legislation............................................................................... Page 74 Letter to residents regarding a proposed site plan amendment for Energy Alternatives (2005053)....................................................................................................... Page 75 Letter to residents regarding a proposed minor subdivision for Avery Homes(2005003)................................................................................................................ Page 76 Letter to residents regarding a proposed variance for Mark Warren (2005043) ................. Page 77 CITY COUNCIL INFORMATION MEMO May 6, 2005 Page 3 Letter to residents regarding a proposed minor subdivision and variances for Clinton Asche (2005029).............................................................................................. Page 78 Letter to residents regarding a proposed minor subdivision and variances forDerek Asche (2005020)................................................................................................. Page 79 Legislative Items League of Minnesota Cities Friday FAX............................................................................ Page 80 YOUTH ADVISORY COUNCIL MAY 99 2005 6:45 PM COUNCIL CHAMBERS 1. Approvals: a) Agenda b) April 25 meeting minutes 2. Special Items and Guest Speakers: a) Youth Service Awards presentations b) Youth Town Forum Event Planning c) Youth Advisory Council Appointments d) Summer Meeting Schedule Time Allotment 6:45-6:50 6:50-7:15 3. COMMITTEE UPDATES: 7:15-7:20 a) Ad hoc Web planning Committee 4. Future agenda items 7:20-7:25 a) b) 5. Adjournment 7:25 6. Additional Materials: a) Event To Do list b) April, May, and June 2005 Official City Meeting Calendars ENVIRONMENTAL QUALITY COMMITTEE AGENDA May 11, 2005 WHERE: CITY COUNCIL CHAMBERS Plymouth City Hall 3400 Plymouth Boulevard Plymouth, MN 55447 CONSENT AGENDA All items listed on the consent agenda* are considered to be routine by the Environmental Quality Committee and will be enacted by one motion. There will be no separate discussion of these items unless a Committee member, or citizen so requests, in which event the item will be removed from the consent agenda and considered in normal sequence on the agenda. 1. CALL TO ORDER - 7:00 P.M. 2. PUBLIC FORUM — Individuals may address the Committee about any item not contained in the regular agenda. A maximum of 15 minutes is allotted for the Forum. 3. APPROVAL OF AGENDA 4. CONSENT AGENDA* A. Approve the April 13, 2005 Environmental Quality Committee Minutes 5. NEW BUSINESS A. Plymouth Water Resources Management Plan presentation by Engineering Division staff. B. Curlyleaf Control Project presentation by Three Rivers Park District. 6. ADJOURNMENT 45 Regular Meeting of the Park and Recreation Advisory Commission May 12, 2005, 7 p.m. AGENDA 1. Call to Order 2. Approval of Minutes 3. Visitor Presentations a. Athletic Associations b. Staff - Karol Greupner c. Others 4. Report on Past Council Action a. S. Unfinished Business a. b. 6. New Business a. Review material from Twin Cities Curling Assoc. b. Update Comprehensive Plan 7. Commission Presentation 8. Staff Communication a. Park tour (June 16 - 4:30 start) 9. Adjourn Next regular meeting - June 16, 2005 o\stafP\eric\prac\agendas\2005\May05.doc lJ OFFICIAL CITY MEETINGS May 2005 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 6:30 PM SPECIAL COUNCILMEETING: COMPREHENSIVE PLAN AMENDMENT PROCESS, Lunchroom 6:30 PM SPECIAL COUNCIL MEETING- INTERVIEWYOUTH APPLICANTS; DISCUSS EXPANSION OF PACT MISSION; DISCUSS ZONING TEXT CHANGES; Lunchroom 7:00 PM PLANNING COMMISSION, Council Chambers 7:00 PM HUMAN RIGHTS COMMISSION - Medicine Lake Room 8 9 10 11 12 13 14 6:45 PM YOUTH ADVISORY COUNCIL, Council Chambers 6:00 PM SPECIAL CITY COUNCIL MEETING: MEDIAN BARRIER FUNDING, Lunch Room 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE (EQC), Council chambers 7:00 PM PARK 8 RECADVISORY COMMISSION ( ) PRAC ,Council Chambers 7:00 PM PLYMOUTH ICE SHOW, Plymouth Ice Center PLYMOUTH ICE SHOW 2 8 7 PM , Plymouth Ice Center 7:00 PM REGULAR COUNCIL MEETING, Council Chambers 15 16 17 18 19 20 21 7:00 PM PLANNING COMMISSION, Council Chambers 7:00 PM HOUSING & AUTHORITY (HRA), Medicine Lake Room 9:00 AM -3:30 PM PLYMOUTH CLEAN-UP DAY, Public Works Maintenance 6:30 PM SPECIAL COUNCIL:REDEVELOPMENT MEETINGDISCUSS ATTSVCS; STREET RECONST; GAMBLING FUND; BIO -DIESEL FUELS; Lunchroom Facility 22 23 24 25 26 27 28 6:45 PM YOUTH "E S COUNCIL, PLYW BUSINESS COUNCIL, 9N�Mm 7:00 PM ADVISORY COUNCIL, Council MI pw WSIUHII RkpHsl.DN­ Minmt M PLYMOUTH ADVISORY Chambers COMMITTEE ON 5;-M,6:] M,9:] PM SPECIAL TRANSIT (PACT) - COUNCIL MEETING: YOUTH TOWN FORUM, Fly—th C—-, ]:DD PM REGUUR COUNCIL MEETING, --1111- Medicine Lake Room 29 30 31 Jun 2005 Apr 2005 MEMORIAL DAY (Observed) - City Offices Closed S M T W T F S S M T W T F S 1 2 3 4 1 2 3 4 5 6 7 8 9 5 6 7 8 9 10 11 10 11 12 13 14 15 16 12 13 14 15 16 17 18 17 18 19 20 21 22 23 19 20 21 22 23 24 25 24 25 26 27 28 29 30 26 27 28 29 30 modified on 5/5/2005 7 OFFICIAL CITY MEETINGS June 2005 Sunday I Monday Tuesday Wednesday Thursday Friday Saturday 1 7:00 PM PLANNING COMMISSION, 2 7:00 PM HUMAN RIGHTS COMMISSION - 3 4 May 2005 S M T W T F S Ju12005 S M T W T F S 1 2 3 4 5 6 7 1 2 8 9 10 11 12 13 14 15 16 17 18 19 20 21 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Council Chambers Medicine Lake Room 22 23 24 25 26 27 28 17 18 19 20 21 22 23 29 30 31 24 25 26 27 28 29 30 31 5 6 7 8 9 10 11 6:45 PM YOUTH ADVISORY COUNCIL, Medicine Lake Room (this meeting only) 7:00 PM SPECIAL CIN COUNCIL MEETING: BUDGET PRIORITIES; Lunch Room 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE (EQC), Council Chambers 7:00 PM PARK & REC ADVISORY COMMISSION (PRAC), Council 7:00 PM SPECIAL COUNCIL MEETING: JOINT MEETING WITH HENNEPIN COUNTY OFFICIAL ON HWY. 101, Council Chambers Chambers 12 13 14 15 16 17 18 6:D0 PM SPECIAL COUNCIL MEETING: CONSIDER ZONING AMENDMENTS TO ALLOW 7:00 PM PLANNING COMMISSION, 4:30 PM ANNUAL PARK TOUR, depart from City Hall RELIGIOUS INSTITUTIONS IN INDUSTRIAL OIsrRlcrs; Lunchroom Council Chambers 7;00 PM HOUSING & REDEVELOPMENT AUTHORITY (HRA), Medicine Lake Room 7:00 PM REGULAR COUNCIL MEETING, Council Chsmben Flag Day 19 20 21 22 23 24 25 6:45 PM YOUTH 7:00 PM ADVISORY PLYMOUTH COUNCIL, Council ADVISORY Chambers COMMITTEE ON TRANSIT (PACT) - Medicine Lake Room 26 27 28 29 30 7:00 PM 7:00 PM REGULAR PLANNING COUNCIL COMMISSION, MEETING, Council Council Chambers Chambers modified on 5/5/2005 9 OFFICIAL CITY MEETINGS July 2005 Sunday Monday Tuesday I Wednesday Thursday Friday Saturday Aug 2005 1 2 Jun 2005 S M T W T F S S M T W T F S 1 2 3 4 1 2 3 4 5 6 5 6 7 8 9 10 11 7 8 9 10 11 12 13 12 13 14 15 16 17 18 14 15 16 17 18 19 20 19 20 21 22 23 24 25 21 22 23 24 25 26 27 26 27 28 29 30 28 29 30 31 3 4 5 6 7 8 9 CITY OFFICES 5:15 PM MUSIC 7:00 PM HUMAN CLOSED INDEPENDENCE DAY IN PLYMOUTH, Hilde Performance Center RIGHTS COMMISSION - Medicine Lake Room 10 11 12 13 14 15 16 7:00 PM REGULAR COUNCIL MEETING, Council 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE (EQC), Council Chambers 7:00 PM PARK & REC ADVISORY COMMISSION (PRAC), Council Chambers Chambers 17 18 19 20 21 22 23 6:45 PM YOUTH ADVISORY COUNCIL, Council Chambers 7:00 PM PLANNING COMMISSION, Council Chambers 7:00 PM HOUSING & REDEVELOPMENT AUTHORITY (HRA), Medicine Lake Room 24 25 26 27 28 29 30 11:45 AM PLYMOUTH 7:00 PM BUSINESS COUNCIL, Sh.r.l.nMlnn.ap hW..1 12201 Ra9.dal, Drv., PLYMOUTH ADVISORY Minn.mnka COMMITTEE ON TRANSIT (PACT) - 7:0OPM REGULAR COUNCIL MEETING, C.uncil Ch.mb.r. Medicine Lake Room 31 modified on 5/5/2005 Tentative Schedule for City Council Agenda Items May 17, Special, 6:30 p.m., Lunchroom • Discuss prosecution philosophy with respect to City Attorney services • Discuss Street Reconstruction Program and Special Assessment Policy • Discuss uses of 10% Gambling Fund • Consider use of bio -diesel • Set future study sessions May 24, Regular, 7:00 p.m. Council Chambers • Presentation on 50th Anniversary/Arbor Day Planting June 6, Special, 7:00 p.m., Lunchroom • Joint meeting with Hennepin County officials on Hwy 101 • Set future study sessions June 7, Special, 7:00 p.m., Lunchroom • Meeting with Jim Rice, volunteer consultant, on budget priorities • Set future study sessions June 14, Special, 6:00 p.m., Lunchroom • Consider Zoning Amendments to allow religious institutions in industrial districts • Set future study sessions June 14, Regular, 7:00 p.m. Council Chambers June 28, Regular, 7:00 p.m., Council Chambers • Announcement of Music in Plymouth on July 6 August 23, Regular, 7:00 p.m., Black Box theater, Plymouth Creek Center lower level (Following completion of the agenda, Council will adjourn to a budget study session) September 6, Special, 7:00 p.m., Conference Room 2, Plymouth Creek Center lower level • Budget study session September 8 (if needed), Special, 7:00 p.m., Conference Room 2, Plymouth Creek Center lower level • Budget study session 13 Note: Special Meeting topics have been set by Council; all other topics are tentative. News Release Plymouth Police Department For Immediate Release May 3, 2005 Contact: Sgt. Curtis Smith, 763-509-5191 Plymouth Crime and Fire Prevention Fund Raises $36,000 to Purchase Ballistic Tactical Shield for Police Department In 2003, the Plymouth Crime and Fire Prevention Fund (PC&FPF) set a lofty goal of raising $36,000 so the group could buy a ballistic tactical shield for the Plymouth Police Department. Two years later, the group realized its goal, and now Plymouth is the only city in Minnesota that provides its emergency responders with a shield that can stop multiple rounds of rifle fire. If an officer or injured civilian is caught in crossfire, a hostage situation or stand off, the ballistic shield blanket will allow officers to approach the scene, rescue the injured person, and seal a perimeter around a sniper or shooter. "This in one of the most versatile pieces of equipment that we own," said Police Chief Mike Goldstein. "The shield adds a layer of safety in some of the most dangerous situations that law enforcement officers encounter," Goldstein added. "The Crime and Fire Prevention Fund made a big investment in the Police Department when it purchased this shield. We hope that we won't need to use it, but if we are called to a hostage situation, a school crisis, or stand off, the ballistic shield could save lives," said Goldstein. "We sincerely extend our gratitude to the Plymouth Crime and Fire Prevention Fund." The PC&FPF is a non-profit, volunteer organization made up of Plymouth residents and business owners. The Fund raises money to support special initiatives that reduce crime and enhance safety in Plymouth. The PC&FPF has a legacy of supporting programs that � f� would not have been possible through the normal City operating budget. Among the donations that the Fund has made to the Plymouth Police and Fire Departments are: ■ Ballistic Helmets and Emergency Response Unit Equipment; ■ Inflatable Water and Ice Rescue Craft and Cold and Warm Water Rescue Suits; ■ Two Thermal Imaging Camera/Night Scopes; ■ Three Police Canines; ■ Plymouth Police Mountain Bike Patrol Equipment; ■ Police Surveillance Equipment; ■ Fire Survivor's Handbook; and ■ Confined Space Rescue Gear. For more information on the PC&FPF, please call 763-509-5191. elm creek Watershed Manaqement Commission ADMINISTRATIVE OFFICE TECHNICAL OFFICE 3235 Fernbrook Lane Hennepin County DES Plymouth, MN 55447 417 North 5th Street PH: 763.553.1144 Minneapolis, MN 55401-1397 FAX: 763.553.9326 PH: 612.596.1171 e-mail: judie@jass.biz FAX: 612.348.8532 e-mail: Ali.Durgunoglu@co.hennepin.mn.us AGENDA May 11, 2005 1. Call to Order. 2. Approve Agenda. 3. Consent Agenda. a. Minutes of April Meeting.* b. Treasurer's Report and Claims.** 4. Action Items. a. Waiver for County Highway Projects.** b. Elm Creek Channel Study 1) Select consultant. 2) Approve contract.** C. Project Reviews - see page 2. 5. New Business. a. Correspondence. b. Budget Meeting - 10:00 a.m., Wednesday, May 11, 2005. 1) Draft Budget.** 2) Fee Schedule.** C. Annual Report.** 6. Old Business. a. Second Generation Plan. 1) Watershed Boundaries. 2) Basic Workshop for Newcomers. 7. Project Reviews - see page 2. 8. Other Business. 9. Adjournment. in meeting packet available at meeting CHAMPLIN - CORCORAN - DAYTON - HASSAN - MAPLE GROVE - MEDINA - PLYMOUTH - ROGERS sta__ ......-.._._..._ __-.__..._ --- Last update: May 1, 2005 at 4:35 PM Food shelf hoping to build new home Published May 4, 2005 Annette Marie Poeschel knows that it can be hard to ask for help. She is executive director of the Intercongregation Communities Association food shelf, and people in need often must ask her for food or for help paying the bills. She said the need for food and emergency financial assistance seems to be 50 percent higher this year than last year in ICA's service area, which covers Hopkins, Minnetonka, Woodland, Deephaven, Excelsior, Greenwood and Shorewood. Now, though, it is Poeschel who is asking for help, because ICA wants a new home. The food shelf buildings in Excelsior and Minnetonka are small and inefficient, and too much time is spent transporting food between the two locations. Poeschel is working on finding land in Minnetonka where the organization can build a new, centrally -located 10,000 -square -foot facility. ICA is launching a capital campaign to raise the $1 million it will need to build it. A fundraiser, including a silent and live auction and entertainment, is scheduled for May 23 at 6 p.m. Call 952-938-0729 or go to www.ii.cafoodshelf._org. Firemen meet fame It was just another staff meeting for Minnetonka Fire Department officers last week -- until actor Woody Harrelson walked in. The officers were eating dinner at their Tuesday evening meeting when Harrelson stopped by for some food with his friend, Clint Allen. Allen, an on-call firefighter with the department, is also an actor, producer and writer who has been friends with Harrelson since college. Harrelson, a star of the TV show "Cheers" and many movies since then, is filming an as -yet -unnamed movie about a sexual harassment case in an Iron Range mine. Charlize Theron and Frances McDormand are co-stars of the film, which is loosely based on a true story. Harrelson's character plays hockey, so he had been practicing his skating at the nearby Minnetonka Ice Arena. "It was quite a surprise and a lot of fun," Fire Chief Joe Wallin said of Harrelson's visit. He stopped by, ate some of their food, joined in their conversation and then had to leave after a few minutes. "He was joking around with us," Wallin said. "It was just like he was one of the firefighters." Town hall meeting r Three legislators who represent much of Plymouth and Minnetonka will hold a joint town hall meeting at 9 a.m. Saturday at the Plymouth Creek Center, 14800 34th Av. N., Plymouth. State Sen. David Gaither, R -Plymouth, represents northern Minnetonka and most of Plymouth, and state Reps. Ron Abrams of Minnetonka and Jeff Johnson of Plymouth each cover half of Gaither's district. All are Republicans. Book discussion As part of celebrations of Carver County's 150th anniversary, the county library system is encouraging residents to read and discuss "The Emigrants," a novel by Vilhelm Moberg about Swedish immigrants and early pioneer life. In his research, Moberg relied on the diaries of Carver County resident Andrew Peterson. The "One Book, One County" book discussions are similar to those in other cities and regions that have banded together to read and discuss a single book. On Tuesday at 7 p.m., the Chanhassen Library will show a movie version of "The Emigrants." The following Tuesday, May 17, the library will have a discussion of the book at 7 p.m. Call 952-227-1500 for more information. This tree's for you Local: News ji► Local.._N_ews Community Education Calendar Opinion Pu_blic._Safety Seniors Obituaries Legals_ Graduation News Local Sports S.po_rts_News Sports._Briefs_ Events/Scores MNSun Home.._Pa.ge Archive Classifieds Candidates 2004 Finance Calc Nutrition Calc Weather ContactUs _ How to ---......_....-- Advertise Jobs _At._Sun Special Sections Bride's Guide Forms Art & Education In_MemoryOf Let_ It Be Private_._ Party Ad SportShots Stork Report Search The Web Powered by: Local.Forecast Tuesday, May. 3, 2005 Click Here PLYMOUTH Local News r Funding for safety barriers clears first hurdle By Sally Thompson Sun Newspapers (Created 4/28/2005 9:02:18 AM) Bipartisan support helped a $1 million amendment to the Omnibus Transportation Bill pass the Senate Transportation Committee April 21, said Plymouth Mayor Judy Johnson. Sen. Ann Rest, DFL -45; Sen. David Gaither, R-43; Sen. Warren Limmer, R-32; and Sen. Gen Olson, R-33, co-authored the proposal and Johnson testified on its behalf, according to a news release. The amendment provides $1 million for concrete or cable medians along highly traveled, unprotected stretches of 1-494 and Highway 169, the news release said. "It's not specifically designated for Plymouth, but we feel if a study is done, our project will raise to the top," Johnson said. "It's a good sign. If it hadn't made it, it would be a long, tough haul for Plymouth." Last October Plymouth Police Chief Mike Goldstein, members of the Plymouth City Council, representatives of the Minnesota Department of Public Safety, Rest and Gaither held a press conference in Plymouth along a stretch of Interstate 494, which Goldstein called dangerous. During the past 10 years, the stretch of 1494 from 1-394 on the south to 1-94 on the north, has been the site of 20 serious accidents, 11 of which involved vehicles crossing the median and striking oncoming traffic, according to a news release from the city of Plymouth. Ten people died and another 14 suffered life-threatening injuries in those crashes, the news release said. Installing a median barrier, as was done in Maple Grove, would be effective in preventing crossover crashes, Bob O'Brien, law enforcement liaison and traffic safety expert with the Minnesota Department of Public t F Safety, said at the press conference. Cost for a temporary cable barrier similar to the one in Maple Grove would be $600,000 to $700,000, Johnson said. If the Senate proposal becomes law, the safety barriers would likely be constructed along 1-494 north of 1-394 in Plymouth and Minnetonka, and along a portion of Highway 169 in Plymouth, the news release said. A similar proposal is awaiting action by the House Transportation Committee, Johnson said. This site and its contents @2000 - 2003. Sun Newspapers - Main Office: 952-829-0797 webinfo@mnsun.com - Created and maintained by Quantum Digital Interactive jcorbo@quantumsite.com 0 Posted on Tue, May. 03, 2005 Bill would cut state aid to cities St. Paul, Minneapolis would lose millions BY PATRICK SWEENEY Pioneer Press St. Paul and Minneapolis would lose $27 million a year in state aid under a tax bill proposed Monday by Rep. Phil Krinkie, R - Shoreview, the chairman of the Tax Committee in the Minnesota House. Both cities would get legislative permission to impose a new city sales tax — if city voters approved — that would more than replace the lost state aid. In St. Paul's case, the city would lose about $9 million in state aid, a 17 percent reduction. If voters granted approval for a new half -percent sales tax, the city would realize a $5.3 million net increase over its current state aid. But some members of the Tax Committee and House Speaker Steve Sviggum, R -Kenyon, said they knew nothing about the proposed reduction in state aid until Krinkie released the proposal Monday afternoon in preparation for three days of committee hearings on an omnibus tax bill. "This would be devastating for St. Paul," said St. Paul Mayor Randy Kelly, referring to the aid loss. He said city residents should not have to tax themselves to replace the state money. "We have been, as a city, about as creative as possible dealing with some $56 million in local government aid cuts in '03, '04 and '05," Kelly said. "We draw the line at this proposal. This cannot stand." Sviggum declined to comment on Krinkie's proposal and its chances for passage in the Republican -controlled House, except to say he had not been consulted on it. Under Krinkie's proposal, Minneapolis would lose $18 million in state aid, but would have a shot at imposing $27 million in new sales taxes. Some cities, such as Anoka and South St. Paul, would gain state aid. But across Minnesota the bill would reduce state aid by $17.5 million. Senate Tax Committee Chairman Larry Pogemiller, DFL -Minneapolis, is proposing an $85 million statewide increase in aid to cities. C^ 2005 St. Paul Pioneer Press and wire service sources. All Rights Reserved. liti:[)://www.twiixcitics.ci)lll Posted on Wed, May. 04, 2005 House tax proposal would put Twin Cities in a fiscal box An eccentric proposal by the Minnesota House Tax Committee chairman would savage state aid to St. Paul and Minneapolis. Rep. Phil Krinkie, R -Shoreview, surprised more than a few budget -watchers this week by proposing that the state's two largest cities lose $27 million more in state aid but be granted authority to raise additional city sales taxes. We trust that a more reasonable solution on state aid to all Minnesota cities will emerge during the legislative process. Compelling arguments against a lopsided, precipitous shift in 2005 come immediately to mind. First is the recent history of local government aid. The state has been realigning and cutting it dramatically during this decade. Since a major retrenchment in 2003, cities have had to do more with less — in many cases, much less, from the state. For St. Paul, as Mayor Randy Kelly pointed out this week, the cuts in local government aid since 2003 have amounted to $56 million. Cities throughout Minnesota have already made substantial structural adjustments. A recent report by the Minnesota League of Cities found that last year 84 percent of cities had increased revenue locally through a property tax levy and/or increased fees. The same report also studies local coping strategies ranging from productivity boosts to work force reductions. Then there's the obvious: Passing local sales taxes is not a sure thing. And if a city adds more to local purchases, consumers are more inclined to shop outside the city. It is not in the interest of a healthy future for all of Minnesota to starve its core cities. We get, and often support, the notion that Krinkie and other fiscal conservatives espouse. A tightly run state budget can keep the size of government down and lower the public costs in state dollars to taxpayers. It is hard to see how the Senate Tax Committee chairman's proposal to increase state aid to cities by $85 million makes fiscal sense right now. The distance between DFL Sen. Larry Pogemiller's big boost and Krinkie's net $17.5 million cut is a chasm. It is like so many other issues right now in which the state has made a hash of things, rather than finding the efficient, equitable investment solutions for big challenges that matter greatly to average folks, such as long-term transportation policy and education investment. We'd count this legislative session a success if it ends up with honest adjustments to this destructive dynamic. To get there, however, requires an emphasis on fiscal honesty. The low -tax equation must be balanced and show the work, especially when the "cut" is really a cost -shift to local governments that must provide basic services, educate tomorrow's work force and carry out an array of other unfunded state mandates. C, 2005 St. Paul Pionecr Press and vvire service sources. All Rights Reserved. littp://www.twincities.coiii �1 startribune.com Close window Last update: May 3, 2005 at 8:33 PM Mayors speak against proposed state aid cuts Patricia Lopez Star Tribune Published May 4, 2005 A House tax bill that would single out Minneapolis and St. Paul for $27 million in local government aid cuts and reduce the state renters' credit by an average of $240 starting next year drew heated testimony on Tuesday, with St. Paul Mayor Randy Kelly calling the proposed aid cut "disastrous." The bill would allow the two cities to offset the aid loss by authorizing an increase in their sales tax rate by one- half cent. That would give the cities a 7.5 percent sales tax rate -- a full percentage point above the statewide rate of 6.5 percent. Kelly was joined by other local government officials who testified against other provisions in the bill, including a property tax proposal, which would give a minority of property owners the ability to trigger a levy referendum via mail. Plymouth Mayor Judy Johnson, who also is president of the Minnesota League of Cities, called the proposal "a turbocharged problem for cities." The proposal, which originated with Gov. Tim Pawlenty, would replace Truth -in -Taxation hearings with postcards indicating taxpayer satisfaction with levy rates. Landowners would get as many postcards as they have parcels of land. Tenants would get none. Enough postcards that register dissatisfaction would trigger an automatic referendum on the levy. Johnson said that would wreak havoc with local budgets, which would have to be set before the postcards could be tallied. "This is a solution in search of a problem," she said. "It undermines the city/state partnership." Members of a 160 -group coalition of interest groups representing renters also testified against proposed cuts to the renters' credit, which the state uses to rebate a portion of rent presumed to go toward property taxes. Nan Madden, director of the nonprofit Minnesota Budget Project, said the House cut would trim the renters' credit by 44 percent -- $66 million in 2007 and $124 million in 2008-09. "That makes this one of the largest revenue raisers in this bill," Madden said. House Taxes Committee members will begin offering amendments to the bill today. Patricia Lopez is at plopeztartribune.com. © Copriht 2005_ Star Tribune. All rights reserved. a� From: Peterson, Lynn [mailto:lpeterson@LMNC.ORG] Sent: Wednesday, May 04, 2005 3:39 PM To: General legislative Subject: [legislative] FW: LMC Member Advisory: League distributes letter to the editor statewide on legislative budget gimmicks LMC Member Media & Legislative Advisory: May 4, 2005 League distributes letter to the editor statewide on legislative budget gimmicks Issue: At this time, both the House and Senate continue to discuss state -mandated local property tax freeze provisions. While nothing is final until the session ends or the Governor signs a bill into law, these provisions are not good public policy for Minnesota cities. League of Minnesota Cities Executive Director Jim Miller submitted the following letter to the editor to newspapers statewide today in an effort to build support for city -friendly legislation and make the case in opposition to budget gimmicks, like a state mandated local property tax freeze, that would hurt cities, create financial instability, undermine local control, and negatively impact citizens as city services are reduced or eliminated. Action: City leaders are encouraged to follow-up with local media editors and news managers to ensure that your city's story is told locally, and that in the closing weeks of the 2005 regular legislative session, your area lawmakers understand and respect the city-state partnership in serving a shared constituency. For additional information on newspapers contacted, or for assistance and tips on working with your local media to get your city - story told, contact Don Reeder, LMC, dreeder@lmnc.org 651-281-4031, 1-800-925-1122. Additionally, city leaders are encouraged to be in regular contact with your legislators to let them know you are watching their votes on city -friendly legislation. Legislators are pressured to make difficult decisions as the session nears an end, ensuring them that the people "back home" are watching, and counting on their support, will encourage them to support city -friendly legislation. For More Information: A copy of Jim Miller's letter to the editor is attached below. Greater details of the House and Senate tax/budget proposals will be included in today's Cities Bulletin, and updates will be posted to this LMC list service, and in future editions of Cities Bulletin and the FridayFax. Gimmicks gone wild at the expense of local priorities To the editor: The state legislature is seriously considering proposals that would freeze property tax rates, and impose levy limits along with "turbocharged" truth -in -taxation. All are gimmicks that legislators who care about good government and solid public policy should never allow to progress - and if they are implemented, it will be at the expense of your community's local priorities. as The principle of local control is at stake. While legislators are elected to make public policy decisions at the state level, mayors and city councils are elected to make decisions about local budgets and community needs. Open public hearings and city council meetings provide citizens with numerous opportunities to offer meaningful input on community issues, like appropriate levels of taxation and service provision. The state imposition of freezes, reverse referendums, levy limits and other mandates interferes with local accountability in hundreds of Minnesota communities. Neither city officials nor citizens relish the idea of increased local taxes. The reality is that revenue is necessary to make cities run and our elected leaders at the state level need to reconcile their rhetoric, and ill-conceived legislation, with that reality. City officials need to retain the option of increasing levies, when that makes sense, to maintain and enhance the vibrant quality of life in Minnesota communities. A property tax freeze, "turbocharged" truth -in -taxation, levy limits and other devices undermine local control. They allow legislators from outside your community to determine whether your city really needs to replace the roof on the community center, or to add another police officer, or to continue the kids' soccer league. Communities are better off when elected city leaders are allowed to do their jobs. Jim Miller Executive Director League of Minnesota Cities a �- startribune.com Close window Last update: May 3, 2005 at 7:06 PM Tom Tiller: Less spending, year after year Tom Tiller Published May 4, 2005 Whether to raise taxes or not is one issue. Whether we're getting the most for our tax dollar is another. I think it's fair to say that Minnesota's state and local governments can improve on the high quality of services we already enjoy -- and do it for less than we currently spend. I believe this because every organization, large or small, has had to fmd more productive ways to deliver its products and services. The most successful do it year after year. This isn't a criticism of the public sector. It's simply a recognition that every organization over time develops inefficiencies, redundancies and even a few mysteries as to how and why it does certain things. It's also an acknowledgement that technology has evolved rapidly in recent years, leading to productivity gains that have yet to be fully realized in the private sector, let alone government. While the Star Tribune and others have suggested looking to the past to decide tax and spending policy, I would respectfully submit that it may be more instructive to look toward the future. Infrastructure needs and demographic pressures, both in terms of population growth and age, will increase demands on government. In addition, government will experience the insatiable demands of consumers - - citizens -- who expect services to be faster, more convenient and less expensive. At the same time, global competition will accelerate. Emerging economies like China and India will challenge our companies' competitiveness. Raising taxes will erode the competitiveness of the private sector, which is the source of our tax revenue. Consider Germany, a global competitor that has followed a high -spending, high -tax model. The third-largest economy in the world is being forced to respond to global pressures as companies move jobs out as fast as possible. Unemployment is at 12.5 percent and economic growth is stagnant. To revive its economy and ultimately preserve its social safety net, the German government is slashing taxes and reexamining its budget. In this global context, it's clear that we have to rethink how we fund and deliver public services. Efforts such as Gov. Tim Pawlenty's Drive to Excellence and other initiatives within state agencies and local governments will be vital to Minnesota's future. These changes need not -- must not -- reduce the level or quality of services Minnesotans receive. Businesses strive to ensure that the only impact "back office" changes have on customers is improved products and service at steady or even lower prices. Minnesota should have that same goal. Information technology offers great potential in this endeavor. Establishing an information technology officer, as the governor recently did, mirrors efforts in the private sector to harness the power of IT. In the 1980s and 1990s, business and government purchased computers and software on an ad hoc basis to meet specific needs. Now companies are integrating these systems, producing significant increases in productivity. Streamlining how individuals and businesses interact with government, in conjunction with placing more services online, will reduce costs and improve people's perception of government. In addition, efforts to make government a smarter purchaser of goods and services through strategic sourcing initiatives, such as "reverse Internet auctions," will translate into direct and immediate savings for taxpayers and long-term systemic efficiencies. Successful enterprises develop solutions for customers that provide better value -- which is a combination of cost and quality. Minnesota doesn't want to become a low -tax, low -service state. But we must move beyond the "more spending means better results" mindset. Every large organization can fmd more productive ways to deliver its products and services -- including state government. The governor's Drive to Excellence initiative represents a step in that direction. Tom Tiller is CEO of Medina -based Polaris Industries and chair of the Minnesota Business Partnership's Fiscal Policy Committee. Copvright_2005 Star Tribune. All rights reserved. a -Y sta_ r#rib_un_e,com. Last update: May 3, 2005 at 8:59 PM Close window , Nick Coleman: Reverend, step away from the license plate cover Nick Coleman Star Tribune Published May 4, 2005 The state reported the other day that "license plate violations" are mysteriously on the rise. Have Minnesotans suddenly become license plate outlaws? Or is there another explanation, one in which the state reaps millions by cracking down on a rash of license plate violations among a populace of license plate desperadoes? Meet the notorious Plastic License Plate Obscurer, John "The Reverend" Guttermann. Guttermann is a United Church of Christ pastor who loves to go to the State Fair with his wife, Dawn Schilling. But last year, his pocket got picked at the fair. By the state. While The Reverend enjoyed the fair, police were cruising nearby streets, looking for ways to enhance revenues. Guttermann had a see-through cover on the license plate on the front of his Subaru -- one of those habitat plates with a big loon that costs an extra $30 each year, with the money going to the environment. Gutterman has had loon plates for years and always has protected them with plastic covers that do not, in his opinion, interfere with the visibility or reflectivity of the plates. But while he frolicked at the fair, an eagle-eyed St. Paul cop spotted the tell-tale criminal plastic and wrote a citation. It is a no -no to have plastic on your plates. The state prefers tar, salt and road kill on them. It also prefers your money. Guttermann couldn't believe it when he discovered the ticket on his windshield. His disbelief and blood pressure continued to soar: It took two weeks for him and his wife, a lawyer -- searching the Internet and making calls -- to find out how much the ticket cost. The answer was: $85. That included 20 bucks for the base fine and a whopping $60 "surcharge" placed on traffic violations by the state as a backhanded way of raising taxes without admitting it is raising taxes. Plus $5 for a law library fee or some such thing. Guttermann is 57. He hasn't been ticketed since he was 17, when he got a fix -it ticket for a broken turn signal. He's never had a cop even mention his criminal plastic to him. But no more coddling. If you do license plate crime, you pay the fine. You're lucky we don't chemically castrate you. The state surcharge was set at $60 in 2003, and it brings in nearly $40 million a year. Gov. Tim "No New Taxes Pawlenty has proposed a $10 increase in the charge, which would add another $5.7 million next year -- a small portion of the additional $80 million the governor has proposed through dozens of new and higher fees. You may have seen cops cruising down your street scrutinizing license plates and tabs. I remember when cops were too busy to be tax collectors. But now that crime has been solved, they do it all the time, maybe because cities must replace millions in lost state aids. a� This is not right. This is predatory revenue-ing. Let's not call this kind of thing a surcharge. Let's call it by its real name: a rip-off. Regressive taxes disguised as user fees, assessments and surcharges fall most heavily on families whose budgets are stretched to the breaking point while politicians crow about cutting taxes. The state now receives $400 million in such rip-offs, and they are fraudulent. So clip and save this Coleman Caution and read it the next time a politician brags that he/she hasn't raised taxes: "'No New Taxes' is a slogan that means not restoring progressive rates of income taxation on wealthy citizens. For everyone else in Minnesota, surcharges, user fees, assessments and sharp increases in real estate taxation rates will apply. " "My wife usually talks me down if I get on my high horse," Guttermann says. "But she was mad about this. And as a pastor, it strikes me as a fundamentally dishonest way to raise money. I don't mind paying taxes. There are needs out there that aren't being funded. But this is a subterfuge. It breeds resentment." Yes, but a long reign of illegal license plate covering has finally ended, Reverend. Your scofflaw days are over. One more thing: Guttermann and his wife didn't renew the loon plates on their cars. That's a loss of $60 a year to the state, and to the loons. Way to go, Minnesota. Nick Coleman is at .n. co_ leman�a,startribune.com. © Copyright 2005 Star Tribune. All rights reserved. startribune.com Close window Last update: May 5, 2005 at 6:33 AM Capitol leaders back plan for Twins stadium Conrad Defiebre and Mike Kaszuba Star Tribune Published May 5, 2005 Political momentum may have donned a Minnesota Twins uniform at the State Capitol as predictions of legislative approval for the team's ballpark partnership with Hennepin County came from many quarters on Wednesday. "Two-thirds of the Senate should be in favor," said Minority Leader Dick Day, R -Owatonna. "I'm sure going to vote for it." Senate Majority Leader Dean Johnson, DFL -Willmar, another supporter, said the plan has "a better chance of passage than in the past." House Speaker Steve Sviggum, R -Kenyon, also predicted success for the proposal, adding: "I will do whatever I can to enhance passage of the Twins stadium bill." The Hennepin County Board narrowly approved its plan for a $478 million open-air Minneapolis ballpark on Tuesday. The ballpark would be financed with $125 million from Twins owner Carl Pohlad, with the rest coming from a 0.15 -percentage -point addition to the county sales tax. At the Legislature, whose approval is required, prospects looked bright. Gov. Tim Pawlenty has pronounced the plan "reasonable," and a House vote could be held as early as next week, Svigg m said. A wild card in the debate, however, could be a shadow cast -- for good or ill -- on other revenue and spending proposals before the Legislature. A dozen House members of both parties, for example, wasted no time Wednesday in publicly calling for approval of a raft of outstate local sales tax proposals along with the stadium levy. "We have needs, too," said Rep. Dan Dorman, R -Albert Lea. "We hope there's an opportunity for us to support each other." Dorman and Rep. Gene Pelowski, DFL -Winona, tied their votes on the ballpark to other legislators' support of local taxes for water quality, libraries, transportation and other projects -- all subject to approval of each area's voters. Persistent critics Aside from legislative logrolling, opposition that has blocked ballpark initiatives for nearly a decade still persists, especially among officials from Hennepin County cities whose constituents would bear the tax increase without a chance to vote on it. F-07 The newly formed Citizens for a Stadium Tax Referendum announced that it had begun contacting legislators and asking cities in Hennepin County to adopt resolutions asking for a referendum. John Knight, a Minnetonka attorney who formed the group, said it has roughly 50 members. Plymouth Mayor Judy Johnson sent a letter to the county on Monday stating the City Council's position that "if the county board decides that the stadium funding plan should be pursued, the question should be put to a public referendum." She added that "one must question the priority of the use of tax dollars for this purpose in comparison to the many other needs we are facing." Eden Prairie is also exploring sending a letter, although City Council Member Ron Case said the council is split on the stadium proposal. He also said it may be too late to sway the County Board. Hennepin County legislators, meanwhile, mostly approached the issue warily or with outright opposition. "It's got a tough row to hoe over here without a referendum," said Rep. Ron Erhardt, R -Edina. "But anybody outside the county ought to be happy. In fact, Greg Davids [a House Republican from Preston] thanked me already." Added Sen. Jane Ranum, DFL -Minneapolis: "I can't believe we're doing this with all our other unaddressed needs. I'm going to be voting against it because it's 70 percent publicly financed and there's no voter input." The Hennepin County delegation makes up only one-quarter of the Legislature, however. "If you live outside Hennepin County, I don't see a downside," Day said. "We all love baseball and want to keep the Twins." Outside opposition Some critics come from outside the county. Mark Olson of Big Lake and Phil Krinkie of Shoreview are longtime stadium opponents who head the first two committees a House ballpark bill would confront. Olson said Wednesday he wouldn't support the measure without a referendum, but he predicted its passage by his Local Government Committee regardless. Sen. John Marty, DFL -Roseville, another familiar critic of public financing for pro sports stadiums, said there is a chance that the plan will be enacted, but "it's not a done deal." "If this is a painless tax that nobody's going to feel, there's lots of people in my portion of Hennepin County who would rather spend it on schools and health care," Marty said. "This frankly doesn't meet the urgency test. Hennepin County froze its employees' salaries for the last two years. Why don't we have a pay freeze for the Twins?" Rep. Phyllis Kahn, DFL -Minneapolis, who said earlier that she would oppose the stadium plan without community ownership of the Twins, said Wednesday: "I could vote for a bigger tax going for more stuff, like transit." But even opponents such as Ranum praised the smart strategy of financing a ballpark with a Hennepin County tax that neither residents nor legislators can block. NVA For an outstate senator such as Paul Koering, R -Fort Ripley, the plan is "a no-brainer," he said. "We need to keep the Twins and Vikings. This is economic stimulus. If we sit on our hands and do nothing and they leave, pretty soon we're going to have egg on our faces." Sviggum predicted a close vote in the House. "I suspect every Minneapolis legislator will be voting for" the economic boon of a ballpark in the Warehouse District, he said, adding, "I'm saying that tongue in cheek." The writers are at cdefebreAstartribunexom and mkaszuba(i�startribune. com © Copyright 2005 Star Tribune. All rights reserved. -3d Posted on Tue, May. 03, 2005 Senate panel tinkers with gun permit law BY RACHEL E. STASSEN-BERGER Pioneer Press For four hours Monday, senators debated and changed a controversial gun -permitting bill before passing it. They voted that Minnesotans with permits to carry guns in public can't take their weapons into churches, schools or universities without special permission. The Senate Crime Prevention and Public Safety Committee also allowed local governments to ban guns from their buildings and parks, made it illegal for permit holders carrying their guns to have any alcoholic drinks and required permit applicants to submit to fingerprinting. Although the vote was the first time in recent memory that a Senate panel actually passed a measure that grants Minnesotans wider access to weapons permits, it may all come to naught. The chief Senate sponsor of the gun bill, passed in 2003 and declared unconstitutional by the state Appeals Court last month, says the changes made by the panel weren't reasonable and she'll move to undo them when the measure reaches the full Senate. "It doesn't look anything like it did when it came in," said Sen. Pat Pariseau, R -Farmington. "They went overboard." She and others say there are enough gun -supporters in the Minnesota Senate to support a move to undo the panel's changes. Even if the full Senate doesn't make those changes, they're unlikely to become law — the House sponsor of the measure says he's not going to accept the alterations the Senate panel made. "I'm not going to take all those changes," said Rep. Larry Howes, R -Walker. Last week, a House panel passed a gun bill without making any major changes to it. Backers of the legislation, known as the Personal Protection Act, say it is needed because courts have cast doubt on the way the Legislature passed it in 2003. Back then, to avoid roadblocks to getting it to a full Senate floor vote, the House attached the measure to an unrelated Senate bill and sent it to the Senate for a vote. Last year, a Ramsey County judge said that process was unconstitutional and in April the Minnesota Court of Appeals concurred. The state appealed the case and it now awaits a Minnesota Supreme Court decision. Rather than wait on a Supreme Court decision, backers decided to recreate the 2003 legislation. The legislation essentially allowed most law-abiding citizens to get a permit to carry a concealed weapon. Previous law required permit applicants to prove to local police that they had a need to carry a gun. The law also gave rise to myriad signs on businesses' doors across the Twin Cities that declared the property owner banned guns in their premises. That's because the measure said owners had to display a sign in order to inform patrons not to bring their guns inside. Both Pariseau and Howes support changing that part of the measure — under their revised bills businesses would have the option of informing folks of their gun ban either through signs or orally. The measure the Senate crime committee passed needs be approved by the Senate's Rules committee and moved to the full Senate for a vote. Senate Majority Leader Dean Johnson, DFL -Willmar, has said the gun measure will appear on the floor this session. House Speaker Steve Sviggum said last week he might not schedule a vote on the gun measure this year because the Senate had reneged on a promise to pass the measure without amendments. 0 2005 St. Paul Pioneer Press and wire service sources. All Rights Reserved. http://www.t%vi nc i1 ies.com -31 startribune.com Close window Last update: May 3, 2005 at 7:06 PM Heather Martens: Gun -permit proposal's back, packing few facts Heather Martens Published May 4, 2005 Here we go again. Conceal and carry is back! There have been a few changes in rhetoric since 2003, when the law passed allowing just about anybody with a pulse to get a permit to carry a gun in every corner of the state. It was thrown out in court because of the way it was passed. But now it's back, as if nothing was learned the first time around. One change is the absence of the argument that more guns reduce crime. This argument, the centerpiece of the 2003 campaign, was thoroughly discredited in 2004 by a National Academy of Sciences review of gun research. This year, we heard from the bill sponsor that he had "never preached this would lessen crime." Tuck away that copy of "More Guns, Less Crime," now. It's well established in states with longer track records that bad stuff happens with conceal and carry laws. Texas has a much stricter law than the one proposed here, but between 1996 and 2000 there were 3,370 arrests of permit holders for crimes including murder, rape and impersonating a police officer. From May 2000 to August 2001, the state made 1,944 more permit holder arrests -- a quick acceleration. Then, surprise! Texas stopped collecting the data. Our own Bureau of Criminal Apprehension reports that felons, drunk drivers, abusers and sex offenders received permits during the law's first year. During just the short time the law was in effect, one man fired his gun 11 times into the car driven by his brother -- to protect shrubbery. Another was arrested for assault. Another accidentally shot and paralyzed a minor. But if the permit is suspended after these events, proponents declare that the law works! Since the gun worshipers can't talk about crime rates anymore, they seem a bit confused. It was unclear which side the bill's sponsor, Rep. Larry Howes, R -Walker, was testifying on last week. He related the story of the Minnesota permit holder who, while shopping with his wife, told the sales clerk his wife had better get a discount on that scarf, because he had a concealed gun. But don't worry, he said, they took away his permit. Well, these guys didn't win any debate points, but they are still winning. Right now, they are accusing Minnesota senators of betrayal for trying to -- gasp -- use the legislative process to repair a bad bill. It was sad during the past week to witness the array of religious, business and local government representatives, all asking legislators for the right to control their own properties, or their own speech. But worst of all was watching law enforcement. Backs to the wall after two more years of budget cuts, law enforcement representatives tried not to offend, presumably hoping to get the ruling party to give them the resources to do their jobs. Initially scheduled to testify against the bill, as they did vigorously in 2003, last week they politely asked to please be able to ask permit applicants some questions, like what city they live in if they're from out of state. And please allow for some quality control because there are trainers out there who simply sell "training" certificates without doing any training. And please, let us charge more than $100 for a permit, because it doesn't cover costs. (The unspoken subtext -- please, don't put us back on the streets with no backup? Pretty please?) "No amendments!" say the proponents. Since there was no immediate massacre directly attributable to conceal and carry during its one year, it must be a good law. This is how laws are now made in the Minnesota House. We'll see if the Senate can do better. Heather Maertens is a Minneapolis writer and researcher. CCopyri ht 2005 Star Tribune. All rights reserved. 3 startribunexom Last update: May 1, 2005 at 5:08 PM Hospital debate rolls on at Capitol Published May 2, 2005 Close window The Maple Grove hospital debate intensifies at the State Capitol this week as lawmakers take up a bill by two senators who want to send the selection process to the Minnesota Health Department rather than leave it to the Legislature. The legislation is sponsored by Sen. Warren Limmer, R -Maple Grove, and Sen. Linda Berglin, DFL -Minneapolis, one of the Legislature's most influential voices on health care issues. The Senate bill is supported by two of the three groups vying for the right to build a hospital in a fast-growing area: Fairview Health Services and Tri -Care, a partnership of Allina Hospitals & Clinics, Park Nicollet Health Services and Children's Hospitals and Clinics. The House last week approved a bill that would allow the third bidder, North Memorial Health Care, to proceed with construction. A House -Senate conference committee likely will try to negotiate a compromise. If the selection is transferred to the Health Department, several criteria will have to be met by the winner, including mental health, seniors and children's services, electronic medical records and an agreement not to duplicate high-tech services. GOOD WORKS: Sometimes a piece of business means more than just a paycheck. That's the feeling these days at the Minneapolis design firm Duffy & Partners. Founder Joe Duffy announced last week that the firm has landed the branding and identity work for the Susan G. Komen Breast Cancer Foundation, one of the largest private funders of breast cancer research. "This has the potential to be the most meaningful work we've done in our careers," said Duffy, who lost his mother to breast cancer. The Komen Race for the Cure, a signature nationwide fundraiser, will be held Sunday in the Twin Cities. David Phelps, John Reinan Cc) Copyright 2005 Star Tribune. All rights reserved. 33 kip C,rrooe R -CARE partnership 15800 95th Avenue North • Maple Grove, MN 55369 • Tel: 763-236-2199 MapleGroveThCare.com April 29, 2005 `1 Ms. Laurie Ahrens NO 2DOS City Manager City of Plymouth N 3400 Plymouth Boulevard � Plymouth, MN 55447-1448 Dear Ms. Ahrens: Park Nicollet Children s. HOSPITALS AND CLINICS M g1n� ALLI NA. As you know, Park Nicollet, Children's and Allina have come together as the Maple Grove Tri -Care Partnership to bring an extraordinary hospital to the residents of your community. To that end, we've held a series of community listening sessions and are taking input from residents on what they want in a new hospital. We've been gratified at the enthusiastic response we've received to date and want to share with you what we're hearing from residents of this community. As the public discussion of the hospital proposals intensifies, there is a significant amount of information to consider. Selecting among the hospital proposals is a complex decision and one that will be felt by generations of residents to come. As a public official representing your community, we would hope that you will give each proposal a thorough review. Residents consistently tell us that they want the best hospital possible. We believe that through this partnership, we can bring the most resources and medical expertise to meet the needs of this growing and diverse community. We are writing to request an opportunity to present our proposal to you, either informally, or as part of a formal meeting with the City Council or other local policy makers. We would like to share the details of our plan and answer any questions you may have. In the coming days, someone from our partnership will contact your office to schedule an appointment. In the meantime, don't hesitate to call Mick Johnson, president, Park Nicollet Foundation, at 952-993-5026 for more information. Sincerely, David Wessner President and CEO Park Nicollet Health Services Alan Goldbloom, M.D. President and CEO Children's Hospitals and Clinics of Minnesota Dick Pettingill President and CEO Allina Hospitals & Clinics Three leading health systems partnering to create one extraordinary hospital in Maple Grove. 3L Maple Cdrove Park Nicollet TRI -CARE partnership Children`s. HOSPITALS AND CLINICS 15800 95th Avenue North • Maple Grove, MN 55369 • Tel: 763.236-2199 i1 M1n"iili MapleGroveThCarexom 40 ALLI NA. xylol. a cum, Facts About Maple Grove Hospital Proposals Who is the Maple Grove Tri -Care Partnership? Park Nicollet Health Services: • Methodist Hospital • 24 clinics, including Park Nicollet clinics in Maple Grove, Brooklyn Center and Plymouth • Engaged in the Maple Grove community through the Healthy Community Initiative Children's Hospitals and Clinics of Minnesota • Children's hospitals in Minneapolis and St. Paul • Leading pediatric health care organization in the Upper Midwest • Serving children, from premature infants through adolescents, and their families with a full range of pediatric specialty services, critical care and clinics Allina Hospitals & Clinics • 11 hospitals, including Abbott Northwestern, Mercy & Unity and Buffalo hospitals • 65 clinics, including Allina Medical Group clinics in Maple Grove, Buffalo, Champlin, Coon Rapids, Elk River, Plymouth and Ramsey • Has been in Maple Grove for more than 20 years Myth: If any provider other than North Memorial builds a hospital in Maple Grove, it will harm North Memorial's Robbinsdale facility. Fact: In its analysis of the Tri -Care Partnership proposal, the Minnesota Department of Health (MDH) found that 10 of the 11 existing hospitals currently serving patients from the Maple Grove area will experience increases in the total number of inpatient days in 2009 and 2015, compared to 2003. The increases are due to rapid population growth, and an aging population, which will increase demand at existing hospitals. Further, the MDH concluded that the only hospital projected to experience a reduction in inpatient days in 2015 compared to 2003, as a result of the Tri -Care proposal, is a member of the Tri - Care Partnership, not another health system facility. In his statement at the House health policy hearing on April 4th, Rep. Zellers supported that conclusion: "for most facilities, growth and demand will still occur." Two hospitals recently have been constructed in the Metro area without creating adversity for existing hospitals in their regions: Woodwinds Hospital in Woodbury (opened in August 2000), and St. Francis Regional Medical Center in Shakopee (replacement hospital opened in July 1996). From 1999 (one year before Woodwinds opened) to the first half of 2004, hospitals in the East Metro Area have seen an aggregate increase in average daily census of 7.7% (3.9% excluding Woodwinds). Since 1999, despite a 67% increase in average daily census at St. Francis, other facilities in the West Metro have also grown 6.4%. Three leading health systems partnering to create one extraordinary hospital in Maple Grove. 7s— It is quite likely that if North Memorial transfers beds from its Robbinsdale campus to a new hospital in Maple Grove, it will reduce access for North Minneapolis and Robbinsdale residents to its Robbinsdale hospital. Myth: If the Tri -Care Partnership builds a new hospital in Maple Grove, it will increase market concentration. Fact: In its review, the MDH found no basis for North's claims of increased market concentration. To the contrary, the MDH reported, "...it's important to note that all of the proposed hospitals for Maple Grove are relatively modest in size and may be unlikely to substantially increase the level of Twin Cities -wide hospital market concentration." (Minnesota Hospital Public Interest Review -Tri -Care, page 36). The health economist retained by North supports that minimal impact theory: he calculated only a 0.5% increase in market concentration (50 points on the 10,000 -point Herfindahl scale). Within the small Northwest Metro market that will be served by the new Maple Grove hospital, allowing North Memorial to add to its market share would be the outcome that would produce the greatest increase in market concentration in this geographic market. In short, as the MDH concluded, market concentration is not a material consideration in this debate. Myth: North Memorial has the largest existing market share in the service area of a new Maple Grove hospital. Fact: 2003 discharge data from the Minnesota Hospital Association shows that more people from the proposed service area go to hospitals operated by Park Nicollet, Children's and Allina, than go to North Memorial (16,647 discharges (46.6%) from hospitals operated by Tri -Care partners versus 10,649 discharges (29.8%) from North Memorial). Myth: North Memorial is the hometown team. Fact: Park Nicollet and Allina both already have clinics in Maple Grove, unlike either North Memorial or Fairview. The Park Nicollet Clinic is less than '/2 mile from the proposed hospital site and the Allina Clinic is 2.3 miles from the proposed site. Collectively, these two clinics served 27,484 patients from the service area in 2003. Myth: All proposals include Level I trauma. Maple Grove needs a Level I trauma center. Fact: Each proposal includes a full service emergency room—similar to those at Abbott Northwestern Hospital or Methodist Hospital—that is able to take care of the vast majority of emergency needs. 3kApril 18, 2005 A Level I trauma center requires 24-hour, highly specialized staffing—there are only three such centers in the entire state (North Memorial, HCMC and Regions). No one is proposing a Level I trauma center in Maple Grove. Under all of the proposals, North Memorial's existing Level I facility will continue to be utilized to provide Level I trauma care for residents of the service area. Providing Level I trauma care is expensive and duplicative of existing services at both North Memorial and HCMC and virtually impossible to provide in a hospital with fewer than 300 beds. Myth: Each proposal offers similar behavioral health services. Fact: The Maple Grove Tri -Care Partnership plans to develop behavioral health services that meet community needs. Through our partnership, we have more behavioral health clinicians, physicians and inpatient beds than either Fairview or North Memorial. Among the services we are planning to provide in Maple Grove are inpatient mental health care for children and adolescents, ages 6 -18, outpatient behavioral health services and chemical dependency services, for patients of all ages. At a recent legislative hearing, North Memorial's CEO indicated that they offer inpatient "crisis" psychiatric care for older adolescents (ages 18-19) and adults only, not children or younger adolescents. They do not actively seek referrals, rather only admit those who present to their emergency department. Myth: North Memorial has more employees in the proposed service area of a new hospital. Fact: Combined, members of the Tri -Care Partnership have nearly 3,000 employees living in the proposed service area of a new Maple Grove hospital. North Memorial's application says it has more than 1,700. Myth: Most residents prefer North Memorial. Fact: Tri -Care was not offered as an option in the survey cited by North Memorial. Another recent public opinion survey that included the Tri -Care Partnership revealed that of those with a preference, fully 55% would have chosen the Tri -Care Partnership proposal versus 31 % for North Memorial. Myth: If North Memorial does not build a new hospital in Maple Grove, a hospital should not be built. Fact: Northwest Metro Area residents strongly want a new hospital. In a recent public opinion survey, by a margin of 82%-13%, residents believe a new hospital is needed to serve their community. 93% of residents say that the new hospital should be constructed and open within five years; 47% say it needs to be open within two years. In contrast, only 61 % of residents had an opinion about who should build a new hospital. Building a hospital is more important to residents than who builds it. 3 3 � April 18, 2005 Myth: The Senate does not want a hospital in Maple Grove. Fact: This week, Senator Linda Berglin, a health policy leader in the Legislature, and two key Senate committees, the Health and Family Security Committee and the Health and Human Services Budget Committee, clearly indicated support for a new hospital in Maple Grove. Specifically, Senator Berglin has authored legislation to lift the moratorium, and specify objective criteria and a thorough process for selecting among the competing hospital proposals. April 18, 2005 B R I N G I N G F A M I L I E S T 0 G E T H E R latuna, Ice] , = April 27, 2005 City of Plymouth City Council c/o Laurie Ahrens 5005 Minnetonka Boulevard Plymouth MN 55416 Dear Members of the Plymouth City Council, On behalf of the clients, Board of Directors, and staff of TEENS ALONE, I want to thank the City of Plymouth for its $2,000 contribution for fiscal year 2005. Teens Alone continues to provide free and confidential counseling for your community's young people and parents. This contribution provides twenty hours of support for Plymouth teens and families. The board and staff recently revised the mission and crafted a Vision Statement. Teens Alone's Mission (revised in 2005) Teens Alone is a non-profit, community based organization that provides free crisis, counseling, and referral services to youth and families in partnership with five school districts and their communities in the western suburbs of Minneapolis. Teens Alone's Vision (written in 2005) To create a community where young people and families in need will receive support and services whenever and wherever they need them. Family problems are becoming more and more complex. The average client now uses Teens Alone one month longer than just two years ago, four months rather than the historical average of three. Waiting lists for psychologists and psychiatrists are longer and families increasingly use Teens Alone to help them through that waiting period. Teens Alone is being faced with expanding program needs because schools are becoming increasingly dependent upon our organization as they face budget cuts that reduce hours or even eliminate school counselor and/or social worker positions. At the same time, many families find their insurance for mental health needs is either being reduced or cut completely. Area police officers, after responding to calls at the same homes time after time, urge families to call Teens Alone for help. We appreciate your continued support as we work together to meet the needs of youth and their families in the Plymouth community. Director cc: Teens Alone Board Members: Wayzata West Middle School Dean of Students Kate Emmons and Plymouth resident Orlan Thorbeck 915 M A I N S T R E E T HOPKINS MN 55343 ADMIN 952 988 4086 COUNSELING 952 988 TEEN FAX 952 988 5358 �4 C H A R T E R E D May 3, 2005 Ms. Sandy Paulson City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447-1448 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com Re: Suburban Rate Authority Dear Ms. Paulson: Remo IIAY 0 4 2005 JAMES M. STROIV;MEN Attorney at Law Direct Dial (612) 337-9233 Email: istrommen cnr kennedy-araven.com On behalf of the SRA Board of Directors, I would like to thank you for your city's continuing membership in this longstanding and important organization. With the collective voice of 34 Twin Cities suburban municipalities totaling over 900,000 in population, the SRA maintains a strong voice in matters of gas, electric, and telecommunications rates and utility use of public property in SRA cities. (SRA member list enclosed). The Board has asked I provide each SRA member city with a summary of recent accomplishments of the SRA. There have been many over the SRA's 30 -year history. Below are some of the most recent, in 2004-2005. Savings in Street Lighting Proceeding. In April 2005, the SRA successfully opposed an Xcel Electric petition to the Public Utilities Commission to terminate Xcel's decorative street lighting services currently provided to many cities under tariffed rates. Xcel withdrew its petition citing SRA concerns. There are approximately 4,700 street lighting units subject to these tariffed services in SRA cities. Xcel stated that a discontinuance of the tariff would have resulted in higher rates for this service, but we can only estimate the savings to SRA cities from this Xcel petition withdrawal. Assuming, for example, an increase of fifty percent from the $6.45 to $9.68 per month per light unit, SRA cities would face approximately $180,000 in additional annual costs for this service. Despite this success, street lighting is still a live issue for cities. Xcel intends seek a change in this street lighting tariff in its upcoming rate case, which we expect to be filed January 2006. A priority for the SRA will be an active role in the 2006 Xcel rate case, which experts anticipate will contain a substantial requested rate increase. Protection from Proposed Legislative Changes in Local Telephone. At the 2004 legislative session, the SRA successfully objected to a series of local telephone service proposals contained in a bill that would have dramatically limited regulatory protection of Metropolitan Area local phone service customers served by large incumbent providers such as Qwest. The bill eventually passed, fortunately without the objectionable provisions allowing deregulation and lower service quality. The SRA JMS-262090v 1 SU 160-3 I 6 May 3, 2005 Page 2 supports increased competition and choices for its residents and businesses. Until it is clear, however, that true competition is available to residential local service customers, laws must exist to ensure reasonable rates and quality service for local telephone customers. The SRA also has established a positive dialog with Qwest regarding its discretionary Digital Subscriber Line (DSL) service investment in SRA cities. As a result of meetings with Qwest in 2004, several SRA city representatives have identified areas within their communities that Qwest has now targeted for DSL investment. CenterPoint Energy and Xcel Gas Rate Increase Requests Decreased. In CenterPoint Energy's (Minnegasco) most recent rate case to be finally decided by the PUC on June 10, 2005, the SRA successfully objected to a proposal by CenterPoint that would have afforded CenterPoint immediate rate recovery for alleged required relocation of its aging facilities during public improvement projects. This would alter historical ratemaking requirements of regulated utilities. The SRA was able to demonstrate that the overwhelming majority of the time, CenterPoint chooses voluntarily to relocate and replace its equipment and was not forced to relocate by local government in public improvement projects. The SRA was in a unique position to address this issue from the perspective of municipalities and assist the state agencies in their opposition to this proposal. CenterPoint withdrew the proposal. Also with the SRA's active involvement, CenterPoint has reached a compromise reduction in rate increases to a less than 1% rate increase for residential customers. Xcel Gas serves several SRA cities in St. Paul and is also seeking rate increases. The SRA intends to take positions similar to those advanced in the CenterPoint Energy case to support end users. New Rules Requiring Locating of Water and Sewer Lines. In a matter of ongoing and high importance, soon to be published rules from the Office of Pipeline Safety (OPS) will now require municipal sewer and water operators to locate private sewer and water service lines. While there is a public safety need in proper location of utility facilities, these rules have been objected to by the League of Cities and the SRA. This matter continues to be addressed through the rulemaking and possibly court appeal process. Under the OPS Rules, such locating responsibility will begin as early as January 1, 2006. The above matters are vital to public safety and welfare and collectively involve millions of dollars in rate shifting or profit margins to utilities—paid for by SRA cities, their ratepayers, or taxpayers. The SRA has sought to address utility issues of importance to SRA member cities and their residents and businesses. With the City's assistance, the SRA can continue its important work. Very truly yours, KE191 Y & RAVEN, �IIARTERED l.s James . Strommen cc: SRA Executive Committee WS -262090v2 I SU 160-3 2005 SUBURBAN RATE AUTHORITY MEMBER CITIES Birchwood Village Maple Grove Bloomington Maple Plain Brooklyn Park Maplewood Burnsville Minnetonka Chanhassen Mound Circle Pines New Brighton Columbia Heights Oakdale Deephaven Orono Eden Prairie Plymouth Edina Robbinsdale Fridley Roseville Golden Valley Shakopee Greenwood Shoreview Hastings Spring Lake Park Hopkins Spring Park Lauderdale Wayzata Long Lake Woodbury JMS-257492v 1 SU 160-3 �� 'Stripped' club opens in rlymouth KSTP.com - 5 EYEWITNESS NEWS 'Stripped' club opens in Plymouth Updated: 05/05/2005 08:36:18 AM - [ VIDEO ] PLYMOUTH, Minn.- The place hasn't even opened for business yet, and already it's causing quite a stir, which is exactly what the owners of "stripped" were hoping for. The building is unassuming, but the name is not. rage i of . At "Stripped," on Vicksburg Lane in Plymouth the music is provocative and they give lessons in pole dancing. You have to be 18 to take the classes. Yes, it's legal, even in Plymouth. They call it sensual dancercise. And the owners of Stripped insist that their less than traditional fitness methods aren't lowering the bar. "Obviously our culture has this certain perception of poles and dancing around a pole, but why should that be?" asked owner Marie Bloomquist. Pole dancing's just part of the mystique. Stripped is aimed at increasing what they call 'feminine energy,' based in the pelvic area. 'Feminine energy' is tied to a woman's emotion, sexuality, and reproduction. Dancing's a way to shake that energy loose, and feel better. "That energy system gets congested," said the other owner Nicole Zivalach. "And so when we move the pelvis, that energy literally starts to disperse itself." The problem is that news of the new club has also dispersed itself to the surrounding Plymouth neighborhood, which is mostly 55 and over. "What movement on a pole is exercise? I don't get that," one neighborhood resident said. "When you think of a pole, you think of a strip club." But the owners say clothes here stay on and the only stripping involves inner layers. "Women stripping away everything in their life that's preventing them from realizing that inner beauty," said Bloomquist. "Stripped officially opens for business on Monday. It'll cost about $10 a session, plus a monthly and annual fees, and sorry guys, it's for woman only. This type of aerobics has been popular on the east and west coasts for quite some time, this is the first club of its kind in the Twin Cities. http://www.kstp.com/article/Pstories/S8064.html �- 5 5/6/200 Posted on Tue, May. 03, 2005 Court sides with golf course owner Ruling may clear way for development BY MEGGEN LINDSAY Pioneer Press Carriage Hills Golf Course in Eagan is closed for the season and is likely to stay that way. Course owner Rahn Family Limited Partnership and prominent Minnesota developer Wensmann Realty Inc. won a lawsuit Thursday against the city of Eagan, bolstering their bid to convert the 120 -acre golf course into a housing subdivision and park. Wensmann and owner Ray Rahn had sued the city in November after the City Council last summer unanimously rejected a proposal to develop the 18 -hole course, located off Yankee Doodle Road on Wescott Woodlands Drive. The city must either amend the property's zoning to allow for the housing development or begin eminent domain proceedings to take the 40 -year-old public golf course, District Court Judge Patrice Sutherland ruled. Either action must begin within 30 days. The legal loss comes as a significant blow to the council's effort to block development at Carriage Hills, one of the suburb's last bastions of open space. "I'm very dejected. Developers used to at least need to get city approval before coming in," said Dan Bailey, a member of the Carriage Hills Coalition, a group of neighbors who have spent years fighting the course's development. "Now, apparently, if you have enough money and can sue people, you can do what you want." Both the city and developer received word of Sutherland's ruling Monday. The City Council will meet tonight in a closed -door session to determine whether it will appeal the decision. Officials had no further comment Monday. "This is a big step. We know this is an important case with a far-reaching impact in this area," said Christopher Penwell, attorney for Wensmann and Rahn. "Of course, my clients are pleased with the decision, and, of course, it's the outcome we were looking forward to. But it's premature to say anything about what happens next until we know what the city will do," he said. Under Eagan's comprehensive guide plan, the Carriage Hills property is zoned only for parks and recreation. Wensmann had asked the council to change the area's land -use designation to allow low-density residential housing. The home builders want to add 480 housing units — including condos, town homes and single-family houses — while preserving 40 or more acres as parks and open space. But the council refused to amend its comprehensive plan. And it shouldn't have to, Bailey said. "What is a guide plan then? Why have this going into the future if it really means nothing and has no legal teeth?" he asked. In the lawsuit, Rahn said he was losing hundreds of thousands of dollars annually and charged that the city's denial of development amounted to taking the course without paying for it. District Judge Patrice Sutherland agreed. In her decision, she said Eagan's denial meant that Rahn had to either incur significant annual losses from the golf course's operations or abandon the property, which allowed the city and its residents to benefit from the land without paying for it. "This one-sided benefit to the city is not only at odds with its goal of preserving public amenities such as parks and open space through private -public partnerships, it is arbitrary and capricious as a matter of law," she wrote in her 20 -page decision. "The burden on Rahn is grossly disproportionate to the burden it should be expected to bear while the city receives the advantage of property rights for which it did not pay." Sutherland also said the developer's plans to keep a portion of the golf course as parkland supports the city's guide plan. Rahn would say only that he heard he had won his lawsuit. In the past, he has pegged his losses at the course over the past five years at $800,000. Rahn bought it for $3.6 million in 1996, just weeks after the Carriage Hills Coalition successfully fought a request from another residential developer to change the comprehensive plan. "He knew full well what he was doing, so he invested the minimum amount of money possible into the golf course and waited until the market was ripe to sell it," Bailey said. Penwell said that is nonsense. "Mr. Rahn bought the course with the belief and expectation that it would be viable. He made significant capital improvements to the golf course, and undertook significant marketing efforts," he said. "It's simply not true that he bought it with the intent of closing it." In Mendota Heights, a similar legal battle over a golf course is under way this week. The city will go before the state Supreme Court Wednesday to try to stop a housing development at the Mendota Heights Par 3 Golf Course. It is the final chance for the city, which already has lost two lower court rulings. Meggen Lindsay can be reached at mlindsay@pioneerpress.com or 651-228-5260. ......... _ .. ® 2005 St. Paul Pioneer Press and wire service sources. All Rights Reserved. http://www.twincities.com STATE OF MINNESOTA COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT HASTINGS, MINNESOTA 55033 In Re: WENSMANN REALTY, INC., A MINNESOTA CORPORATION et al. vs. EAGAN, CITY OF, A MINNESOTA MUNICIPAL CORPORATION Case Number: 19-C4-04-010035 JOHN MICHAEL BAKER GREENE ESPEL 200 S 6TH ST STE 1200 MINNEAPOLIS MN 55402-1415 N O T I C E O F F I L I N G O F O R D E R You are hereby notified on April 28, 2005 a FINDINGS OF FACT, CONCLUSIONS OF LAW, ORDER FOR JUDGMENT AND JUDGMENT was filed in the above entitled matter. A true and correct copy of this notice has been served by mail upon the parties named herein at the last known address of each, pursuant to the Minnesota Rules of Civil Procedure. Sue Lawrence, Chief Deputy By DEBORAH MCNAUGHTON Dated: April 28, 2005 Deputy ZA6 STATE OF MINNESOTA COUNTY OF DAKOTA Wensmann Realty, Inc., a Minnesota corporation, and Rahn Family LP, a Minnesota Limited Partnership, DISTRICT COURT FIRST JUDICIAL DISTRICT Court File No. 19 C4-04-10035 Plaintiffs, FINDINGS OF FACT, CONCLUSIONS V. OF LAW, ORDER FOR JUDGMENT AND JUDGMENT City of Eagan, a Minnesota municipal corporation, Defendant. This matter came before the Court on March 30, 2005 at which time the Court heard argument on the parties' cross-motions for summary judgment. Appearing and arguing on behalf of Plaintiffs was Wm. Christopher Penwell, Esq., Siegel, Brill, Greupner, Duffy & Foster, P.A., 100 Washington Avenue South, Suite 1300, Minneapolis, MN 55401. Appearing and arguing on behalf of Defendant was John M. Baker, Esq. and Stacy Lynn Bettison, Esq., Green & Espel, P.L.L.P., 200 South Sixth Street, Suite 1200, Minneapolis, NIN 55402. Based upon the memoranda, affidavits, exhibits and arguments submitted by the parties, the Court makes the following: FINDINGS OF FACT 1. Plaintiff Rahn Family, LP ("Rahn") is the owner of the Carriage Hills Golf Course located on 120 acres in Eagan, Minnesota. Prior to Rahn's purchase of the golf FILED DAKOTA COUNTY VAN A. BROSTROM, Court Administrator APR 2 8 Z005 BY` M4/it course in 1996, Carriage Hills was originally developed as a 9 -hole golf course in 1965 and was later redeveloped into an 18 -hole course. In 1962, the property was rezoned from A, Agricultural to P, Public. In 1991, the property was designated PF, Public Facilities in the Comprehensive Guide Plan. In 2001, the Comprehensive Guide Plan was amended and the property was designated P, Park, Open Space and Recreation. The property was also given the zoning classification P, Park District. 2. Prior to Rahn's purchase of the golf course in 1996, the City considered acquiring and operating Carriage Hills as a municipal golf course. As the City was considering the possible purchase of Carriage Hills for a municipal golf course, Rahn expressed interest in buying the course as well. 3. Rahn had previously designed, built, operated and sold two other golf courses and, at the time Carriage Hills was purchased, owned a third golf course, Rich Valley golf course located in Rosemount, Minnesota. Based upon Rahn's successful operation of three other golf courses, Rahn purchased Carnage Hills with the expectation that it could be operated at a profit and would achieve a positive rate of return on Rahn's investment in the property and the golf course. 4. Although Rahn initially realized a small profit on the operation of Carriage Hills, from 1999 through 2004 the course experienced significant cumulative losses in the hundreds of thousands of dollars. In 1999, Rahn refinanced Carriage Hills through a bank loan, the proceeds of which went primarily to satisfy a contract for deed on the property and to pay for capital improvements to the course. 5. The golf course has been assessed several hundred thousand dollars for the installation of sewers, water main improvements and street upgrades. Rahn provided 2 W51915 access and permanent easements to the City for these infrastructure improvements. These improvements were made in anticipation of future residential development of the Carriage Hills property. 6. The City rejected an offer from Rahn to sell the golf course in June 2001. 7. Due to the substantial operating losses experienced by the course since 1999, Rahn approached Plaintiff Wensmann Realty, Inc. ("Wensmann") with an offer to sell the golf course property. Wensmann entered into a purchase agreement with Rahn for the purchase of the property. 8. Wensmann initially prepared a development plan for the construction of 720 housing units on the property. However, after meeting with residents in the neighborhoods around the golf course, Wensmann presented a development plan to the City consisting of 480 housing units and 40-45 acres of park and open green space. That development' plan included the following mix of house types: "empty -nester" condominiums, urban row homes, row townhomes, traditional single-family homes, villa style single-family homes, luxury rambler twinhomes and custom single family homes. The various densities represented by these housing types were positioned to match the density of housing types in the surrounding neighborhoods. 9. Trailways within the 40-45 acres of parkland would provide public access to the park and open space as well as to Woodlands Elementary School, Eagan High School and Associated Athletic Complex. The parkland includes a softball field, soccer field, playground equipment, and picnic shelter. Wide greenway corridors maintain the natural areas on the periphery for screening from neighboring developments as well as 3 +1 providing habitat connection for existing fauna. The preservation of existing wetlands also provides additional open space. 10. Along with the submission of this development plan, Wensmann submitted an application to the City requesting that the Comprehensive Guide Plan be amended to change the land use designation of the property from P — Parks, Open Space and Recreation, to LD — Low Density Residential. Wensmann represented to the City that it would make the development plan it submitted with the application a condition of the City's approval of the amendment. 11. The City planner evaluated the application and submitted a report dated July 17, 2004 to the Advisory Planning Commission. Thereafter, Wensmann's application was the subject of hearings before both the Advisory Planning Commission and the City Council. 12. The record before the City Council includes two feasibility studies of the Carriage Hills golf course commissioned by Rahn. The City declined to table its decision on Wensmann's application to allow time to commission its own feasibility study. 13. The studies commissioned by Rahn showed that the current debt on the property is significantly higher than the probable value of the golf course as a going concern and the financial feasibility of the future operation of the golf course is seriously impaired due to the overbuilding of the local golf course market and the functionally obsolete nature of the course. 14. Wensmann's proposed development would not have a negative impact on traffic. The traffic analysis prepared by Wensmann's engineer shows that the increase in traffic and change in traffic patterns associated with the development would not cause 4 1�d unacceptable conditions. The 2,811 trips per day generated by the development would be distributed over three main collector streets (Yankee Doodle, Wescott Woodlands and Duck Woods). The development would eliminate an existing traffic problem. The City staff's planning report does not identify any safety concerns regarding traffic. The only support for the City's finding that the development would likely disrupt existing neighborhoods surrounding the site is the testimony of a single individual. Though he spoke on behalf of the coalition of people opposed to the development, he only identified the existing safety condition that would be eliminated by Wensmann's development plan. 15. Wensmann's proposed development plan would improve the quality of the water currently on the site and would reduce current drainage problems. Wildlife that currently inhabits the golf course would likely continue in the proposed development. Habitat diversity would be increased by the introduction of new. plant and animal species. 16. In the record before the City council was a letter from the Eagan school district to the City planner dated July 14, 2004. This letter stated that, with slight boundary shifts and with the addition of classrooms that will occur as a result of a recent bond referendum, projected enrollment could be accommodated even with the addition of Wensmann's proposed development. Although one individual testified before the Advisory Planning Commission that the middle and senior high schools are massively over capacity, that comment is unsupported by any data or statistics and is contradicted by the school district letter. The City's planning report shows that enrollment at the elementary and middle schools will fall below capacity after 2006, well before Wensmann's projected 2008 build -out. 5 "I 17. There is sufficient capacity and depth within the existing trunk and lateral sanitary sewer to accommodate the proposed development. The development plan meets the MUSA goal of maximizing the in-place infrastructure so as not to incur the additional cost to communities of extending services. The development plan has also anticipated the storm water storage volume required for the site and, as such, would meet the storm water requirements of the site. Adequate capacity for sanitary sewers;, watermains; storm water management and street connections, next to or within the golf course, are available to support the proposed development. 18. The City of Eagan's planning report dated June 22, 2004 states: A key principle, implicit in all the City's park planning over the years, has. been that of a public-private partnership in which the private sector has always been given the first option to provide desired recreational opportunities in the community. Thus, the City's Park System Plans have consistently recognized Carriage Hills, a privately owned, open to the public golf course, as a component of the community's parks and recreation system. The City's park and recreation system is that of a public — private partnership in which the private sector has always been given the first option to provide desired recreational opportunities in the community and the City has avoided competing with the private provision of these services. The City's park system plans have always acknowledged the need for golf courses as part of the overall recreation system, and have consistently recognized Carriage Hills, a privately owned, open to the public golf course, as a component of the community's parks and recreation system. 19. In 1996, when the City denied a similar application by Pulte to amend the Comprehensive Guide Plan, the City's resolution stated, "It has been the goal of the community to cooperate with private enterprise wherein private individuals would provide certain community facilities...." 20. The City's Comprehensive Guide Plan authorizes the City "to acquire land, if feasible, for parks..." and to "pursue the acquisition and development of neighborhood parks." The plan states: The park plan proposes an investment strategy that views the park system as an integral part of the development context of the community. It contains a number of investment proposals to further Eagan's fundamental system built around the neighborhood parks, extend opportunities for outdoor recreation, and promote protection of environmental and natural resources. *** It also acknowledges the need for creative pursuit of funding and partnership, with outside providers (e.g., county, state, schools, private). 21. The Metropolitan Council's 2030 Regional Development Framework encourages taking measures whereby "new development can be located and designed in a way that preserves and benefits from the natural environment." One of these measures is for each region "to identify natural areas that could be added to the regional park system and plan for their acquisition before the opportunity is lost." Two of the policies set forth in the Regional Development Framework are to "'encourage expanded choices and housing location and types" and "work with local and regional partners to conserve, protect and enhance the regions vital natural resources. The second policy includes "invest[ing] in acquisition and development of land for the regional park system." The Framework recognizes that "protection of these natural resource lands would require the designation of additional acres for residential development. 22. The Minnesota Legislature has enacted numerous statutes which authorize the acquisition of land for parks, open space and recreation. Minn. Stat. §§ 473.147, subd. l; 473.302; 473.313, subd. 1; 473.315; 331. 23. The Housing Plan, incorporated into the City's Comprehensive Guide Plan, sets forth the following policies: �3 7 1. The City will support the preservation and maintenance of significant woodlands, wetlands and other natural features within all developments in order to maintain a high quality living environment within the City. 2. The City will review preliminary residential subdivision proposals and corresponding drainage, grading, utility and similar plans to insure that the existing environment is properly protected and preserved. 3. The City will work with developers to modify engineering standards where appropriate to insure adequate protection of natural resources. The Housing Plan also states that the City "will encourage development of additional lower density...." The Housing Plan recognizes that there are currently housing types which are not available for seniors and empty -nesters. 24. The clear import of the documents and statutes described in paragraphs 18-23 above is that land must either be acquired through eminent domain for park, recreation and open space purposes or dedicated for such uses as part of residential development of land. An exception to this is when such uses can be provided through public-private partnership. Carriage Hills has always been considered a community recreational opportunity and a component of the City's parks and recreation system and, therefore, one example of a public-private partnership. 25. The Assessment Agreement between Rahn and the City, the City's Planning Report on the Wensmann application, and the planning reports for the three existing developments surrounding the golf course all explicitly anticipate residential development of the golf course in the future. This was acknowledged by members of both the Advisory Planning Commission and the City Council. 8 26. Though the golf course has been operated on the property since 1959, the nature and use of the surrounding property has changed dramatically from agricultural to mixed density residential. When the golf course was established, the surrounding area consisted of large rural parcels.. Until 1979, the only platted subdivision was east of the course and it consisted of several 10 -acre lots, only some of which had residences built on them. Not until 21 years after the course was constructed did significant residential development begin, continuing rapidly until 1990. 27. There are two other golf courses in Eagan and 120 public golf courses and 39 private golf courses within 25 miles of Carriage Hills. The impact of the over- saturation of new golf courses in Eagan and the Twin Cities has directly impacted the area surrounding the golf course by causing residents to play golf somewhere other than Carriage Hills. Only one person living within a 600 -foot radius of Carriage Hills is a member and only 18 in the entire City are members. Eagan High School neither practices nor plays their matches at Carriage Hills. There is not a single junior member that resides in the City of Eagan. 28. Following the City Council hearing on Wensmann's application on August 2, 2004, the City issued its Findings of Fact, Conclusions. and Resolution dated August 17, 2004 denying the application. CONCLUSIONS OF LAW 1. "Where a city acts in its fact finding or legislative policy making capacity under its delegated powers, the scope of [this Court's] review is very narrow, and the city's actions are subject only to the broad limits of the arbitrary and capricious standard." Freundshuh v. City of Blaine, 385 N.W.2d 6, 8 (Minn. Ct. App. 1986). This 9 ��- standard has variously been expressed as: "Is there a `reasonable basis' for the decision? or is the decision `unreasonable, arbitrary or capricious'? or is the decision `reasonably debatable'?" Hoskin v. City of Eagan, 632 N.W.2d 256, 258-59 (Minn. Ct. App. 2001). "The test, then, is whether the reasons given by the city council are legally sufficient and supported by facts in the record." Parranto Bros. v. City of New Brighton, 425 N.W.2d 585, 589 (Minn. Ct. App. 1988). 2. The proceedings before the City Council were fair. and the record is clear and complete. Therefore, this Court's review is limited to that record. Swanson v. City of Bloomington, 421 N.W.2d 307 (Minn. 1988). This rule does not apply to the takings analysis below. 3. The City has argued that residential development on the property would be inconsistent with the goals, and would compromise the integrity, of the Comprehensive Guide Plan; residential development of the property would cause a significant increase in traffic, and would disrupt existing neighborhoods surrounding the property; and residential development of the property would create additional strain on the already overburdened school system. These reasons, as well as all of the other reasons set forth in the City Council's August 17, 2004 Finding of Fact, Conclusions and Resolution, are legally insufficient and are not supported by facts in the record. 4. Wensmann's proposed development plan advances all of the applicable goals and policies set forth in the Housing Plan attached to the Comprehensive Guide Plan while also advancing the Guide Plan's goals and policies intended to preserve park and recreational land uses. 10 5. The vague, unsupported testimony of two individuals about traffic and school capacity do not provide a basis for the City's denial of Plaintiffs' application, particularly in view of the traffic study submitted by Plaintiffs' engineer and the school district's letter. Yang v. County of Carver, 660 N.W.2d 828, 834 (Minn. Ct. App. 2003); C.R. Investments, Inc. v. Village of Shoreview, 304 N.W.2d 320, 325 (Minn. 1981); Minnetonka Congregation of Jehovah's Witnesses, Inc. v. Svee, 226 N.W.2d 306, 309 (Minn. 1975); Northwestern College v. City of Arden Hills, 281 N.W.2d 865, 869 (Minn. 1979). 6. The City's Conclusion number 4 is contradicted by the Hughes and McMurchie studies which the City chose not to rebut. Conclusion number 10 is contradicted by the City planning report (see, Finding of Fact No. 14). Conclusion number 15 is not a legally sufficient reason. Larson v. County of Washington, 387 N.W.2d 902, 906 (Minn. Ct. App. 1986). Conclusion number 16 relies on a fact that occurred 40 years ago and cannot support the City's decision. Conclusion numbers 19 and 20 are legally insufficient. Palazzolo v. Rhode Island, 533 U.S. 606, 630 (2001); Communications Properties v. Steel County, 506 N.W.2d 670, 672 (Minn. Ct. App. 1993). 7. The City's Conclusion numbers 6, 8, 9, 13, 14 and 18 all relate to the benefit to the City, the goals of the City and the quality of life for the City's residents. The effect of the City's denial of Wensmann's application is to force Rahn to either continue to incur substantial and increasing annual losses or cease any use of the property at all so that the City and its residents can benefit from maintaining the property as open space without the City having to acquire the property. This one-sided benefit to the City is not only at odds with its goal of preserving public amenities such as parks and open space through private -public partnerships, it is arbitrary and capricious as a matter of law. See, Pheasant Bridge Corp. v. Township of Warren, 169 N.J. 292 (2001); City of Austin v. Teague, 570 S.W.2d 389 (Tex. 1978); Sheerr v. Eveshan Township, 184 N.J. Super. 11 (1982); and Communications Properties, supra. 8. Wensmann's proposed development plan, in effect, reestablishes the private -public partnership on this property by both advancing the goals and policies set forth in the Housing Plan to the Comprehensive Guide Plan and the goals and policies in the Guide Plan of preserving park, recreation and open space which can be utilized by all residents at any time without charge. 9. In addition to the arbitrary and capricious standard, Sun Oil Co. v. Village of New Hope, 220 N.W.2d 256 (Minn. 1974) sets forth another test for challenging a city's refusal to rezone property. The test is whether "the character of the neighborhood has changed to such an extent that no reasonable use can be made of the property in its current zoning classification." Freundshuh, supra., 385 N.W.2d at 8-9, citing Sun Oil, 220 N.W.2d at 261. 10. Operating a golf course on the property is no longer a reasonable use; neither capital improvements nor increased marketing can reverse the substantial annual losses experienced by the course. The City has not challenged the Affidavits of Philip Carlson or Garfield Clark which state that none of the conditional or permitted uses currently allowed under the City Code would be reasonable uses. 11. In the last 40 years, the subject property has undergone_a substantial change since the enactment of the original zoning classification. Similar to the Pearce 12 case cited in Sun Oil, the subject property is virtually surrounded by residential zoning and is a "peninsula" among residential uses. As such, rezoning the subject property LD — Low Density, is the most reasonable zoning classification for the property. (See Finding of Fact Nos. 26 and 27). 12. The Fifth Amendment to the United States Constitution, made applicable to the states through the Fourteenth Amendment, states: "Nor shall private property be taken for public use, without just compensation." Minn. Const. Art. I, § 13 states: "Private property shall not be taken, destroyed or damaged for public use without just compensation. Minn. Stat. § 117.025, subd. 2 states: "A taking includes every interference, under the right of eminent domain, with the possession, enjoyment or value of private property." Once a taking is found, compensation is required by operation of law. Wagner v. Milwaukee Mutual Ins. Co., 479 N.W.2d 38,42 (Minn. 1.991). 13. Actions for inverse condemnation must be brought to the court through an action in mandamus. District courts reviewing a petition for writ of mandamus must decide whether a taking of property has occurred in a constitutional sense. Nolan v. City of Eagan, 673 N.W.2d 487 (Minn. Ct. App. 2003). Property owners who believe their property has been taken within the meaning of Minn. Const. Art. I, § 13 may petition the court for a writ of mandamus to compel the state to initiate condemnation proceedings under. Minn. Stat. Chapter 117. Grossman Investments v. State, 571 N.W.2d 47, 50 (Minn. Ct. App. 1997). 14. The United States Supreme Court, in Penn Central Transportation Co. v. New York City, 438 U.S. 104 (1978), has stated that "the Fifth Amendment's guaranty ... [is] designed to bar government from forcing some people alone to bear public 13 �J burdens which, in all fairness and justice, should be borne by the public as a whole." Id. at 124. The test articulated in Penn Central to determine whether a taking has occurred considers (1) the economic impact of the regulation on the property owner, (2) the extent to which the regulation has interfered with distinct investment-bgpked expectations, and (3) the character of the governmental action. This takings analysis "depends largely upon the particular circumstances" of each case and involves "essentially ad hoc, factual inquiries." Id. at 124. 15. In Agins v. Tiburon, 447 U.S. 255 (1980), the U.S. Supreme Court stated that "although no precise ruling determines when property has been taken, the question necessarily requires a weighing of private and public interests." Id. at 261. A. use restriction on real property may constitute a taking "if not reasonably necessary to the effectuation of a substantial public purpose or perhaps if it has an unduly harsh impact upon the owner's use of the property." Palazzolo v. Rhode Island, 533 U.S. at 627. The proper weighing of private and public interest would include consideration by a city of "how well the proposed development would preserve the surrounding environment and whether the density of new construction will be offset by adjoining open spaces." Agins, 447 U.S. at 262. 16. "As affirmed in Palazzolo, rights to. use property are not gifts of governmental largesse; they are, in the Lockean sense, rights that precede government. To suggest that government can destroy the uses of property, including the long-standing common law right to develop it, leaving behind only the marginal value of the ability to resell useless property, is utterly inconsistent with these principals." Taking Sides on Takings Issues, p. 466. "Justice Steven's lengthy review of `fairness and justice' 14 (L 0 concerns [in Tahoe -Sierra Preservation Council v. Tahoe Regional Planning Agency, 535 U.S. 302 (2002)], is a reminder that local governments have a serious responsibility to review their regulatory decision-making processes and to make sure that land use regulations not only foster articulated public goals but also permit private landowners to use their property in' some reasonable economic manner." Salsich and Trynieck, Land Use Regulation (2nd Edition 2003) at p. 116. 17. Governmental inaction can constitute an unconstitutional taking the same as governmental action. Czech v. City of Blaine, 253 N.W.2d 272, 273 (Minn. 1977). The City's denial of Wensmann's application to amend the City's Comprehensive Guide Plan constitutes governmental inaction which has effected an unconstitutional taking of the subject property under Penn Central. 18. With respect to the economic impact of the City's denial on Rahn, the denial leaves Rahn with only the option of either continuing to operate the golf course at substantial annual losses or let the property sit economically idle. 19. With respect to the extent to which the City's denial interferes with distinct investment -backed expectations, the Minnesota Supreme Court has characterized this part of the test as "the owner is not permitted to obtain a reasonable rate of return on his investment." State by Powderly v. Erickson, 285 N.W.2d 84, 90 (Minn. 1979). Rahn cannot obtain a reasonable rate of return on his investment in the property. 20. The City itself has defined the reasonable investment -backed expectations of the owner of the subject property. First, a goal and policy set forth in the City's Comprehensive Guide Plan is "to acquire land, if feasible, for parks..." and to "pursue the acquisition and development of neighborhood parks." This is consistent with the system of laws of procedures which are integrated from the state level down to the level of local government which govern land use planning and which contemplate acquisition of property for parks, open space and recreation. (Finding of Fact Nos. 20-22). The conclusion set forth in the affidavit of Phillip Carlson at ¶¶ 7 and 8 is adopted by the Court: "It is appropriate for the City to set aside areas for the use and enjoyment of the public as open space and recreational use areas, but typically these areas are purchased by the City or dedicated as part of the process of subdivision. *** If park and open space areas are to be provided for in a city, then the city must be prepared to pay for them or . have them dedicated according to a reasonable and proportional formula based on a comprehensive park plan and study of the recreational needs in the city." 21. The Guide Plan provides that a potential way to avoid having to acquire land for use as park, recreation or open space is through a partnership with outside providers. The City planning report expressly recognizes this option: "Since 1973, a key principal, implicit in all the City's park planning has been that of a public-private partnership in which the private sector has always been given the first option to provide desired recreational opportunities in the community," The City had the benefit of availing itself of this public-private partnership with the owner of the subject property for 40 years. However, the partnership ended when circumstances changed so that the City has the sole benefit of the partnership while Rahn must either operate the golf course at a substantial loss or let the property sit economically idle while continuing to be responsible for the bank debt on the property. Without the mutual benefit of the public- private partnership, the City must acquire the property if it wants to preserve all 120 acres as open space. 16 62, 22. Second, Finding of Fact number 24 establishes that the City has anticipated for some time residential development of the subject property. Whether or not this gives the property some speculative value is not a consideration in the takings analysis. Sheerr, 184 N.J. Super, at 53-54; Taking Sides on Takings Issues at p. 429. To delay what the City has admitted will be the eventual use of the property would have "an unduly harsh impact upon the owner's use of the property." Palazzolo, 533 U.S. at 627. 23. With respect to the character of the governmental action, the Minnesota Supreme Court has said, "if the state regulation appears genuinely designed to prevent harm to the public and is likely to achieve that goal and the harm suffered by the property owner does not appear to be one that should be borne by the entire community, we will not find a taking." Zeman v. City of Minneapolis, 552 N.W.2d 548, 554 (Minn. 1996). The City's denial of Wensmann's application is not designed, e.g., to protect an endangered species or prevent harm to the environment. This is the same as cases which have found a taking where the governmental action was designed to preserve open space or a community recreational opportunity. See, Morris County Land v. Parsippany -Troy Hills Township, 40 N.J. 539 (1963); Steel v. Cape Corp., 111 Maryland App. 1 (1996); Rippley v. City of Lincoln, 330 N.W.2d 505 (N.D. 1983); Burroughs v. City of Keen, 121 N.H. 590 (1981); Corrigan v. City of Scottsdale, 149 Az. 553 (App. 1985). The following quote from Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992) applies to the City's denial of Wensmann's application: On the other side of the balance, affirmatively supporting a compensation requirement, is the fact that regulations that leave the owner of land without economically beneficial or productive options for its use — typically, as here, by requiring land to be left substantially in its natural state — carry with them heightened risk that private property is being pressed into some form of pubic service under the guise of mitigating 17 C3 serious public harm. (citations omitted). As Justice Brennen explained: from the government's point of view, the benefits flowing to the public from preservation of open space through regulation may be equally great as from creating a wild life refuge through formal condemnation.... (citation omitted). The many statutes on the books, both state and federal, that provide for the use of eminent domain to impose servitudes on private scenic lands preventing developmental uses, or to acquire such lands altogether, suggest the practical equivalence in this setting of negative regulation and appropriation. (citing to laws which authorize acquisition for, e.g., scenic easements, wetlands and easements to protect historic, architectural, archeological, or cultural resources). Id. at 1017-20. 24. Finding of Fact number 22 cites to the many statutes passed by the Minnesota Legislature authorizing acquisition of land for open space. It is a taking for the City to deny Wensmann's application, requiring Rahn to leave the property "substantially in its natural state." Rahn cannot obtain a reasonable rate of return on its investment through operation of the property as a golf course; if the City wants the property to remain as exclusively open space or a community recreational opportunity, it must acquire the property through eminent domain. The proper weighing of private and public interests under Agins would weigh in favor of Wensmann's proposed development plan which advances the goals and policies of the Comprehensive Guide Plan, including development of low density housing, providing housing types not currently available, and preserving a third of the property as park and open space. 25. The City's denial of Wensmann's application, in addition to being a taking under the Penn Central test, is also a taking under McShane v. City of Faribault, 292 N.W.2d 253 (Minn. 1980). A governmental enterprise is benefited by the City's denial inasmucl1 as the City has identified the golf course as a community recreational opportunity and has "always acknowledged the need for golf courses as part of the overall recreation system." (Finding of Fact No. 18). See, Johnson City v. Cloninger, 18 b� 372 S.W.2d 281 (Tenn. 1963): in finding a golf course to be a public use, the court stated that the word "park" is "certainly broad enough, in the every day sense of the word, to include a golf course ... and the host of other recreational facilities to which the public normally turned for relaxation and recreation." The subject property is substantially diminished in value measured by the value of the property if residential development is permitted and the value of the property if it is not. The burden on Rahn is grossly disproportionate to the burden it should be expected to bear while the City receives the advantage of property rights for which it did not pay. The Court need not reach the question of the dollar amount by which the property has been substantially diminished since the Court has concluded there is a taking under Penn Central. ORDER FOR JUDGMENT AND JUDGMENT 1. Plaintiffs' Motion for Declaratory Judgment is hereby granted and the City is ordered to immediately amend its Comprehensive Guide Plan to change the land use designation for the subject property from P — Parks, Open Space, and Recreation to LD, Low Density, and further to rezone the property consistent with the amended Comprehensive Guide Plan. Following amendment of the Comprehensive Guide Plan, Defendant shall diligently submit the amendment for review and adoption by the Metropolitan Council in accordance with the provisions of Minn. Stat. § 473.864. 2. The relief granted in paragraph 1 above is expressly conditioned upon Wensmann resubmitting to the City the same development plan it submitted in connection with its application to amend the Comprehensive Guide Plan. 3. If, within thirty (30) days of the date of this Order for Judgment and Judgment, the City fails to comply with paragraph 1 above, the City shall immediately 19 i� commence eminent domain proceedings against the subject property pursuant to Minn. Stat. Chap. 117. 4. Pursuant to Minn. Stat. § 586.03, the City shall appear and show cause before this Court at a special term hearing thereof to be held at the Dakota County Government Center on —S—,,A,, 1 "7 , 2005 at Q '6b a.m. why the City has not either complied with paragraph 1 above or commenced eminent domain proceedings, or else return this Writ of Mandamus with a certificate on such return of having complied with this Order. If the City fails to comply with this Order or commences eminent domain proceedings, the Court will consider a petition by Plaintiffs for reimbursement of their reasonable costs and expenses, including reasonable attorney, appraisal and engineering fees incurred in bringing this action, pursuant to Minn. Stat. § 117.045. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: 7 , 2005. 20 � BY THE COURT: 04� /c A� Patrice K. Sutherland Judge of District Court auba„ggwr HEREBY CERTIFY THAT THE ABOVE ORDER OONOTUTES THE JUDGEMENT OF THIS COURT" ST.�K CO INI RATE .+.._.. ' T pKTEp; (BEAT) DATE: May 5, 2005 TO: Laurie Ahrens, City Manager FROM: Anne Hurl uommunitY Development ment Director SUBJECT: Hennepin County Adult Correctional Facility (HCACF) Population Report Hennepin County Community Corrections staff has submitted their monthly report on average daily population for the month of April, 2005. The average daily population reported for the Plymouth facility was 590, less than the occupancy limit of 601 set by the Conditional Use Permit. The chart below shows the average monthly population since we began receiving reports in June of 1998. 700 .11 w 500 c 0 400 m coo 300 L a 200 100 W HCACF Monthly Population Report 07 V V O V O U O V O V O V i N i N i N i N i N i N i N Month/Year (Y p CUP Limit ■ Average Count MEMO CITY OF PLYMOUTH DATE: May 5, 2005 TO: Laurie Ahrens, City Manager FROM: Anne Hurl uommunitY Development ment Director SUBJECT: Hennepin County Adult Correctional Facility (HCACF) Population Report Hennepin County Community Corrections staff has submitted their monthly report on average daily population for the month of April, 2005. The average daily population reported for the Plymouth facility was 590, less than the occupancy limit of 601 set by the Conditional Use Permit. The chart below shows the average monthly population since we began receiving reports in June of 1998. 700 .11 w 500 c 0 400 m coo 300 L a 200 100 W HCACF Monthly Population Report 07 V V O V O U O V O V O V i N i N i N i N i N i N i N Month/Year (Y p CUP Limit ■ Average Count �r April 28, 2005 Senator Warren Limmer State Office Building, Room 121 100 Rev. Martin Luther King Jr. Blvd. St. Paul, MN 55155 Re: North Memorial Medical Center Maple Grove Hospital Proposal Dear Senator Limmer: City of Robbinsdale 4100 Lakeview Avenue North Robbinsdale, Minnesota 55422-2280 Phone: (763) 537-4534 Fax: (763) 537-7344 www.robbinsdalemn.com �- MAY I am entering my ninth year as Mayor of Robbinsdale. Before being elected Mayor, I served on the Robbinsdale City Council for sixteen years. During those twenty-four plus years, which is nearly one half the time of North Memorial's existence, I have seen North Memorial's commitment to the communities they serve. Whether it be sponsorship of events, providing community volunteers, providing community health services, or training and support of public safety personnel, North's history of community involvement and support is exemplary. I have been following the Maple Grove application process rather closely. I have seen presentations and publications of all three applicants. I have seen the newspaper ads and studied all of the data presented. I believe that one can spin and massage statistics to come up with any results desired. One could probably come up with data to support the selection of Rice Memorial Hospital of Willmar to build a Maple Grove facility should they decide to enter the race. What I am absolutely sure of Senator Limmer, is that North Memorial would be a valuable community asset to Maple Grove and the surrounding communities. In talking with other Northwest Metro mayors, councilmembers, and city staff, it is very apparent that other Northwest cities share my feelings on North's commitment to our Northwest communities. Thank you for taking a couple of minutes to read over my thoughts. You will surely be serving your constituents well by supporting North's efforts to transfer existing, licensed, and staffed beds from their Robbinsdale campus to a new facility in Maple Grove. Sincerely, City of Robbinsdale low Mike Holtz Mayor cc: Mayors of Maple Grove, Crystal, New Hope, Brooklyn Center, Brooklyn Park, Osseo, Plymouth, Dayton, Corcoran, Rogers, Golden Valley, Champlin 6� Northwest Su6ur6s Ca6Ce Communications Commission 6900 Winnetka Avenue North Brooklyn Park, MN 55428 (763) 536-8355 April 29, 2005 LAURIE AHRENS CITY OF PLYMOUTH 3400 PLYMOUTH BOULVARD PLYMOUTH, MN 55447 Enclosed you will find a check for the quarterly payment of the 2005 Cable Capital Grant in the amount of $9,194.00. The Northwest Suburbs Cable Communications Commission has increased its capital flat grant to cities by 4%. The grant, to be paid quarterly, is comprised of a flat grant to each city plus a proportional grant determined by the number of subscribers within each city. The schedule for these payments will be January 30th , April 30tt', July 30"' and October 30th. If the 30th lands on a weekend the payment will be sent prior to the 30th. Your payment breaks down as follows: CITY OF PLYMOUTH 2005 FLAT GRANT $14,979.00 2005 PROPORTIONAL GRANT $21,797.00 ANNUAL TOTAL: $36,776.00 TOTAL DIVIDED BY 4 = $ 9,194.00 PER QTR. Cities are to spend the money on cable television related purposes however, you do not have to justify your expenses to the Cable Commission. We would suggest however, that YO a consult with the staff of Northwest Community Television before you actually purchase equipment. Please note that the actual dollar amounts of these grants may change each year depending on the number of cable subscribers. If you have any questions, please call me at 763-533-8196. Sincerely, G ore, Executive Director Northwest Suburbs Cable Communications Commission cc: Helen LaFave 3� Brooklyn Center 9 Brooklyn Park 9 Crystal 9 Golden Valley • Maple Grove 9 New Hope • Osseo • Plymouth • Robbinsdale May 5, 2005 «Resident» «Address» «City», «ST» «ZIP» Dear «Resident»: I thought I would send a final reminder regarding the issue of docks on Medicine Lake. As mentioned in my March letter, properties that do not have frontage on the lake may not have docks, boatlifts, structures, etc in the water or on the land belonging to the City. We would appreciate it if all items were removed by May 15t , 2005. After May 15th the City will remove all items and they will be impounded at the City Maintenance Facility. All items will be available for you to pick up upon paying a fee commensurate with the cost we incur for their removal. In addition on City properties, winter storage of such items should not take place. If you have any further questions please feel free to contact me. Thank you for your cooperation. Sincerely, Mark S. Peterson Superintendent of Parks Cc: Eric Blank, Director of Parks and Recreation Lowell Luebeck, Park Maintenance Supervisor ?v PLYMOUTH Adding Quality to Life 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000 IS PRINTED ON RECYCLED PAPER www.b.plymouth.mn.us Steven H. Chase 1190123 rd Ave N. Plymouth, NN 55441-4115 10 DATE: April 30, 2005 SUBJECT: Lake Usage / Dock ^ 50Z Z a TO: Governor Tim Pawlenty 14J ~' Representative Johnson Mayor Johnson Sheriff McGowan t �' Council Tim Bildsoe Eric Blank\ Park We have dock rites on Medicine Lake that the City of Plymouth refuses to address. Please see exerts from the abstract. These rites go back to 1908. The City of Plymouth continues to try and encroach upon these rites. These dock deed rites precede the City of Plymouth's existence of 1967 and should be honored. A request was made to the Mayor for community development and none was offered. Research was conducted of adjoining properties. It is apparent that someone in the the City wants to give these lake rites to other citizens that have no dock deed rites and have made no claim that they have lake dock rites. The Minnesota DNR was contacted last year and they said we are to contact the County Sheriff in the event that any of our property is removed from these deeded rites. A letter was written to address the continuing dock usage of my property and that of Mr. Richard Reed. A letter was sent from my Attorney to the City of Plymouth and the City has not addressed the letter. In the event that property is removed from these established dock deed rites we will be contacting the County Sheriff. I am a disabled combat veteran and want to continue to use my dock as the property was sold to me. We fail to understand why the City of Plymouth is singling us out of lake usage that has been established for years. Thank you for anything that can be done to assist us. Respectfully, C;�;'-/d e4a-'V-P— Steven H. Chase CC: Mayor Young, R. Reed, file i '''"''ABS S TRA CT OF T:I TLE 7 i0 That part of Lots 14 and 15, Block 2, Elmhurst lying East of the following described line: Commencing at a point on the North line of said Lot 14, distant 94 feet East from the Northwest corner thereof; thence Southerly to a point on the South line of said Lot 15, distant 66 feet East from the point of curve having a tangent of 12 feet. George Smith, unmarried Deed y Dated June 15, 1908 to Phoenix Loan And Investment Filed December 31, 1908, 10:40AM 181 Company (Minnesota Corporation) Book 653 of Deeds, page $1.00 etc. agent for the proposed Farmers' Consideration Party of the 1st part does grant, Electric Company, or any other name that incorporators may bargain sell and convey to the chose (who propose to construct Phoenix Loan and Investment Company the Laws of a railway from the City of (a corporation under the State of Minnesota)- for said Minneapolis, in a Westerly direction to Medicine Lake and 2nd party, to be incorporated, their beyond, and propel its cars by heirs and assigns, a strip of .land 100 feet in width, 50 feet on either Electricity, Gasoline, Denatured side.of a located line of survey for Alcohol, Steam or any other motive power found to be best a railway, as made upon or may be Fractional adapted to the street car made upon and across the Southwest 1/4 of the Northeast 1/4 service) 512871 of Section 26 also running into the 1/4 Northwest 1/4 of the Northeast of Section 26, all in Township 118, Range 22, suitable road crossing shall be put in and line fenced, Second boats and respectable party to have use of Lake front along this land for 3:rf�Czrv�p� p iz�S'�"'p&'L'"tr�i�'e"'"""�'xac�"��e�a�e�v�be�amp�e•el����e�`'�'1`�sn�-t to have all areur�l� e"-the--se��nd party, through its agent, agrees have full grading completed in 1910, and party of the 1st party shall Use of said land until grading is commenced. This deed is given for the consideration above mentioned, and also becaiuee the 1st party herein desires to aid in the building of this pro- in trust and posed railway, and this deed binds the in fee simple, but heirs, successors on condition that if said railroad assigns, forever, grade is not constructed as above mentioned then this deed is to be null and void and of no -"force and effect, and in that case the land shall revert back to the lst party. Thank you for your email. I am certainly not opposed to stadiums and I think the Twins are a great asset to our state. I spoke with Hennepin County Commission Penny Steele about this issue before their discussion on Tuesday. She asked me to make sure citizens knew about the ability for the public to speak before the board and provide public comment. She said our comments as a council would be welcomed. The council did not take any position against a Twins stadium. The city council met at our regular council meeting last week and agreed that we support representative government in the role of the county. The city council also said that if we were going to build such a project we would like to see voters involved with a referendum. We accept their decision to move forward however they choose. The city has chosen to send our Plymouth Creek Center and Open Space bonding to the voters in recent years. I do not think every spending decision must go to the voters - it is up to that governing body on how they choose to proceed, given the legislature provides the authority. Again, I am not opposed to stadiums. My family members are sports fans. Thank you for taking the time to contact me. I will make sure the city council receives a copy of your email for their information, as well. Mayor Judy Johnson -----Original Message ----- From: Janis Martin [mailto:janis_martin@yahoo.com] Sent: Thu 5/5/2005 9:45 AM To: Judy Johnson Cc: Subject: Twins Stadium Dear Mayor Johnson, As residents of Plymouth and Hennepin County, we write to express our support for the recently proposed Twins stadium funding plan recenity passed by the Hennepin County Board and under consideration by the state legislature. We believe the plan is fair --the plan includes no state money, is site specific, is a partnership with the county where the new stadium would be located, and requires a private up front contribution from the Twins of up to 1/3 of the total cost. We have one child, and work in Hennepin County. We're happy to pay a .0015 sales tax to support the buidling of the stadium. We spend the majority of our entertainment and other dollars (including regularily purchasing gas, tickets to sporting events, and attending theater/movie performances, etc.) in Hennepin County and have no problem with the proposed tax. We're happy to pay it if it means keeping professional sports, specifically the Twins, here! We were dismayed to read your comments in today's Star Tribune in opposotion to the new stadium proposal, and encourage you and the rest of the council members to support the resolution/legislation for a new Twins stadium without a referendum. Let's get this thing done! We appreciate your leadership in the great City of Plymouth! Feel free to contact either of us with questions or comments. Sincerely, Janis and Peter Martin 5348 Empire Lane N Plymouth, MN 55446 763-551-1643 -� 3 Sandra Peterson State Representative District 45A New Hope, Plymouth and Crystal May 3, 2005 Mayor Judy Johnson City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447-1482 Dear Mayor Judy Johnson, V�,tptt,F:uu NOR Minnesota House ofG Representatives I am writing to let you know that SF 284/11F 604 — Regulations for Zero Depth Swimming Pools passed on the floor of the house today. After my introduction and explanation, there were no questions and it passed with only a couple of dissenting votes. This certainly was a team effort. Ginny Black, Plymouth City Council, Eric Buss, and Adam Bebus, Lifetime Fitness, as well as Rep. Steve Smith, Rep. Jeff Johnson, and Rep. Ron Abrams were all actively involved in moving this bill through two committees and the House floor. It should also be noted that Senator Ann Rest and Senator Gaither successfully passed this bill in the Senate. It was truly a bi-partisan effort that benefited our community. I also want to congratulate you on the fine presentation you made to the tax committee today. You expressed the views of other mayors in the metro area and I am sure you made a difference for the final outcome of the bill. It needs to be modified. I continue to keep your priority issues in front of me as I vote for bills. The next issue is to find some way of passing the bill that puts a median barrier along the I-494 corridor as well as Highway 169. The Senate has passed language that I plan to use to amend the House Transportation bill. This is a safety issue that needs to get addressed in some way. I am currently working with our local legislators to strategize a way to accomplish this goal. Your communications are most helpful. Please feel free to contact me with any ideas, issues or concerns. Sincerely, ,presentative Sandra Peterson State Office Building 100 Rev Dr Martin Luther King Jr Blvd St. Paul Minnesota 55155-1298 (651) 296-4176 FAX: (651) 296-3918 TTY: (651) 296-9896 Email: rep. sand ra.peterson@house.mn SUBJECT: SITE PLAN AMENDMENT FOR ENERGY ALTERNATIVES (2005053) Dear Owner/Occupant: This letter is written to inform you that Energy Alternatives, under file 2005053, submitted a planning application requesting approval of a site plan amendment for a generator to serve the Target located at 4175 Vinewood Lane North. The generator would be situated at the base of the berm on the north side of the building. While a formal Public Hearing is not required, it is the City's policy to inform adjacent property owners/occupants of such applications. Hennepin County records indicate your property is within 200 feet of the site of this proposal. You are hereby notified of and cordially invited to attend a meeting to be held by the Plymouth Planning Commission at 7:00 p.m., Wednesday, May 18, 2005, in the City Council Chambers at the Plymouth City Hall, 3400 Plymouth Boulevard. INFORMATION relating to this request may be examined at the Community Development Information Counter, at Plymouth City Hall on Mondays and Wednesday through Friday from 8:00 a.m. to 4:30 p.m., and Tuesdays from 8:00 a.m. to 6:00 p.m., except holidays. If you have any questions about the specifics of this proposal, please contact the Community Development Department at (763) 509-5400. Sincerely, Barbara G. Senness, AICP Planning Manager 2005053propnotice A PLYMOUTH A Beautifu(Pface to Live 3400 PLYMOUTH BOULEVARD •. PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000 SUBJECT: MINOR SUBDIVISION FOR AVERY HOMES (2005003) Dear Owner/Occupant: This letter is written to inform you that Avery Homes, under file 2005003, submitted a planning application requesting approval of variances for lot area and width. Approval of the variances would allow the City's staff to review a minor subdivision request to subdivide one property into two parcels for property located at 9920-281h Avenue North. This item was originally scheduled to be heard at the February 16, 2005 Planning Commission meeting, but was continued indefinitely to allow the applicant time to determine if the low area that collects storm water run-off on the property is a protected wetland. The applicant has submitted additional information that supports that the area is not a protected wetland. While a formal Public Hearing is not required, it is the City's policy to inform adjacent property owners/occupants of such applications. Hennepin County records indicate your property is within 200 feet of the site of this proposal. You are hereby notified of and cordially invited to attend a meeting to discuss the variance application to be held by the Plymouth Planning Commission at 7:00 p.m., Wednesday, May 18, 2005, in the City Council Chambers at the Plymouth City Hall, 3400 Plymouth Boulevard. INFORMATION relating to this request may be examined at the Community Development Information Counter, at Plymouth City Hall on Mondays and Wednesday through Friday from 8:00 a.m. to 4:30 p.m., and Tuesdays from 8:00 a.m. to 6:00 p.m., except holidays. If you have any questions about the specifics of this proposal, please contact the Community Development Department at (763) 509-5400. Sincerely, Barbara G. Senness, AICP Planning Manager 2005003propnotice2 J� PLY 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000 SUBJECT: VARIANCE FOR MARK WARREN (2005043) Dear Owner/Occupant: This letter is written to inform you that Mark Warren, under file 2005043, submitted a planning application requesting approval of a variance to allow construction of a detached garage located in the front yard for property located at 200 Vicksburg Lane. While a formal Public Hearing is not required, it is the City's policy to inform adjacent property owners/occupants of such applications. Hennepin County records indicate your property is within 200 feet of the site of this proposal. You are hereby notified of and cordially invited to attend a meeting to be held by the Plymouth Planning Commission at 7:00 p.m., Wednesday, May 18, 2005, in the City Council Chambers at the Plymouth City Hall, 3400 Plymouth Boulevard. INFORMATION relating to this request may be examined at the Community Development Information Counter, at Plymouth City Hall on Mondays and Wednesday through Friday from 8:00 a.m. to 4:30 p.m., and Tuesdays from 8:00 a.m. to 6:00 p.m., except holidays. If you have any questions about the specifics of this proposal, please contact the Community Development Department at (763) 509-5400. Sincerely, Barbara G. Senness, AICP Planning Manager 2005043propnotice PLYMOUTH A BeautifufPface to Live 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000 SUBJECT: MINOR SUBDIVISION AND VARIANCES FOR CLINTON ASCHE (2005029) Dear Owner/Occupant: This letter is written to inform you that Clinton Asche, under file 2005029, submitted a planning application requesting approval of a minor subdivision to subdivide one property into two parcels and variances for lot area and lot width for property located at 16820-12`h Avenue North. While a formal Public Hearing is not required, it is the City's policy to inform adjacent property owners/occupants of such applications. Hennepin County records indicate your property is within 200 feet of the site of this proposal. You are hereby notified of and cordially invited to attend a meeting to be held by the Plymouth Planning Commission at 7:00 p.m., Wednesday, May 18, 2005, in the City Council Chambers at the Plymouth City Hall, 3400 Plymouth Boulevard. INFORMATION relating to this request may be examined at the Community Development Information Counter, at Plymouth City Hall on Mondays and Wednesday through Friday from 8:00 a.m. to 4:30 p.m., and Tuesdays from 8:00 a.m. to 6:00 p.m., except holidays. If you have any questions about the specifics of this proposal, please contact the Community Development Department at (763) 509-5400. Sincerely, Barbara G. Senness, AICP Planning Manager 2005029propnotice PLYMOUTH A Beautifu(Pface to Live 3400 .PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000 SUBJECT: MINOR SUBDIVISION AND VARIANCES FOR DEREK ASCHE (2005030) Dear Owner/Occupant: This letter is written to inform you that Derek Asche, under file 2005030, submitted a planning application requesting approval of a minor subdivision to subdivide one property into two parcels and variances for lot area and lot width for property located at 805 County Road 101. While a formal Public Hearing is not required, it is the City's policy to inform adjacent property owners/occupants of such applications. Hennepin County records indicate your property is within 200 feet of the site of this proposal. You are hereby notified of and cordially invited to attend a meeting to be held by the Plymouth Planning Commission at 7:00 p.m., Wednesday, May 18, 2005, in the City Council Chambers at the Plymouth City Hall, 3400 Plymouth Boulevard. INFORMATION relating to this request may be examined at the Community Development Information Counter, at Plymouth City Hall on Mondays and Wednesday through Friday from 8:00 a.m. to 4:30 p.m., and Tuesdays from 8:00 a.m. to 6:00 p.m., except holidays. If you have any questions about the specifics of this proposal, please contact the Community Development Department at (763) 509-5400. Sincerely, D�l In Barbara G. Senness, AICP Planning Manager 2005030propnotice -q� PLYMOUTH A 5eautifii(Pface to Live 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000 Apr 29 2005 17:20:57 Via Fax –> 763 509 5060 Plymouth IMC -Frida F ax - Y A weekly legislative update from the League of Minnesota Cities LGA technical fix bill passes Senate On Wednesday, the full Senate passed l-I.F 47, a bill that retroactively corrects a drafting error that occurred when the LGA program was modified during the 2003 Special Legislative Session. The bill was approved on a 57-0 vote. The bill passed the full House on March 10 on a 112-20 vote. The House bill was authored by Rep. Ron Abrams (R -Minnetonka) while the Senate companion was authored by Sen. Mee Moua (DFL -St. Paul). The drafting error occurred within the 2003 legislation that reformed the LGA system and eliminated the 1993 portion of the city aid base— or the grandfathered aid—while retaining the amounts granted to specific cities for special needs. Unfortunately, the bill that was sent to the Governor inadvertently failed to strike a reference to the formula grandfather. The error was discovered by the Department of Revenue during the summer of 2003 while they were computing the 2004 LGA amounts. The impact of including the stray paragraph in the LGA formula calculations was subject to interpretation. Staff at the House of Representatives Research Department concluded that the inclusion of the paragraph could result in two different interpretations and therefore two different distributions of LGA. With the input of the House and Senate Tax Chairs, the Department decided to distribute LGA for 2004 assuming the Legislature would correct the error during the 2004 session. Last session, both the House and the Senate approved the correction in their respective versions of the omnibus tax bill. Unfortunately, the House and Senate never reached a compromise on those omnibus bills and therefore correction was never enacted into law. Page 001 Of 005 April 29, 2005 Page 1 Last summer, the continued existence of the error created a predicament for the Department of Revenue. The Department and Governor had to again make a decision about whether to follow "legislative intent" or the "letter -of -the -law," which included the error. In the end, and with the support of the League of Minnesota Cities, the 2005 LGA distribution was again computed assuming the error would be corrected in 2005. The correction contained in this bill is retroactive to aids payable in 2004. LGA distributions in CY 2004 and 2005 were calculated under the assumption that this error would be corrected. The bill will now be sent to the Governor for his signature. Questions? Contact Gary Carlson at sr�r70". mlx _card . House property tax articles unveiled The House Property and Local Tax Division released its subcommittee bill late Thursday evening. The bill is scheduled to be discussed and amended this afternoon in the subcommittee and then forwarded to the full tax committee for its consideration. We will provide a full summary of the bill and any amendments in next week's Cities Bulletin. The bill contains many provisions of interest to cities, although it is most notable for what it does not contain. There are no provisions for levy limits, a property tax freeze, or the turbocharged TNT referendum procedure. However, these proposals could be amended into the bill by the division, the full tax committee, or on the House floor. The following provisions are contained in the committee bill: For more information on city legislative issues, contact any member of the League of Minnesota Cities Intergovernmental Relations team. 651.281.1200 or 800.925.1122 fflb Apr 29 2005 17:21:39 Via Fax —> 763 509 5060 Plymouth Page 002 Of 005 -FriYda F ax - A weekly legislative update from the League ofMinnesota Cities Limited Market Value delayed phase-out (Section 11). The phase-out of the limited market value program is delayed by two additional years. Under this provision the program will not be fully phased out until taxes payable in 2010. Additionally, the limited market value provisions are extended to all types of property for the remainder of the program's phase out. LMC policy was modified last year to support preserving the limited market value program. LMC policy does not address an expansion of the program to other types of property. Affordable rental housing classification (sections 16 and 18). The 4d Apartment Classification is recreated, granting qualifying low-income apartment property a class rate reduction from 1.25% to 1.0 %. LMC policy supports incentives for investment in affordable housing. Payment for property converted to tax exempt (Section 20). The bill requires that when a governmental entity acquires taxable property that becomes tax-exempt, the entity must pay a portion of the property taxes due to all other jurisdictions over the next five years. The purchasing government must pay the full current year taxes due. The government then must either Pay: 1. A decreasing amount over the next four years (80 percent in the year after the property is acquired, 60 percent the following year, 40 percent, then 20 percent) 2. A lump sum equal to 150 percent of the current year taxes or can pay A government does not have to pay the taxes if it has a written plan under which the property will become taxable property within five years of acquisition. April 29, 2005 Page 2 Acceleration of TNT dates (Sections 22-27). The current truth in taxation schedule is accelerated as follows: Preliminary levy certification by September 1 (currently September 15) Parcel -specific notices sent by October 15 - October 24 (currently November 10 - November 24) Public hearings held November 9 - December 1 (currently November 29 - December 20) Joint TNT Hearings authorized (Section 28). The bill authorizes joint county -municipality -school TNT hearings. The hearing would be initiated and coordinated by the county. City participation would be voluntary, and would count as the city's initial public hearing. A participating city's final levy must be adopted at a regularly -scheduled meeting. LGA formula transition (Section 34). The bill provides for a five-year transition from the small city LGA formula to the large city LGA formula for cities that cross the 2,500 population threshold. Under current law the transition to the large city formula can cause a significant drop in a city's LGA. Currently, only Wells and Lake Crystal would be affected by the provision. LMC policy supports this provision. Other provisions contained in the bill that will be covered in greater detail in the Cities Bulletin: Authorization for local governments to reduce taxes on homes with certain mold contamination (Section 12) A property classification reduction for small resorts (Section 17) Creating a fixed apportionment of the state property tax levy at 95 percent for commercial/industrial property and five percent for cabins (Section 21). Under currently law For more information on city legislative issues, contact any member of the League of Minnesota Cities Intergovernmental Relations team. 651.281.1200 or 800.925.1122 Apr 29 2005 17:22:21 Via Fax —> 763 509 5060 Plymouth -Frida F ax - Y A weekly legislative update from the League of Minnesota Cities approximately 92.8 percent of the levy is paid by commercial/industrial property. A new requirement for assessors to attend training once every four years on ethics, professional conduct and the need for standardized assessment practices. Questions? Contact Eric Willette at 651.281.1245 or at c ww0 tteLYVmnc.or• X. Senate committee considers MVHC calculation adjustment This morning, the full Senate Tax Committee is scheduled to consider SE 2043, a bill offered by Sen. Ann Rest (DFL -New Hope) that attempts to remedy a problem created by recent cuts in the market value homestead credit reimbursement. Under existing law, state reductions in the MVHC are not reflected as a reduced credit on the property tax statement. Instead, the state reductions result in a reduced property tax levy for affected cities. The bill will likely be laid over for possible inclusion in the third Senate omnibus tax bill. The MVHC was originally created in 2001 and is a state -paid credit that reduces the property taxes paid by qualifying homeowners. State law specifies that a homeowner's property taxes be reduced by an amount equal to .4% of the home's market value. The maximum amount of the reduction is $304 and the credit is phased -out by .09% of the home's market value in excess of $76,000. The credit fully phases -out for homes over $413,777. Through the MVHC, the state effectively becomes a property taxpayer by reimbursing local units of government for the reduction in property taxes to homeowners under the credit. The MVHC does not provide additional revenue to local units of government. It simply replaces a portion of the property taxes that would otherwise be paid by qualifying homeowners. Page 003 Of 005 April 29, 2005 Page 3 Cuts in the MVHC program enacted for 2003 and 2004 were made to the reimbursement paid to local units of government but the credit continued to be shown on the tax statement. The cuts in 2003 and 2004 impacted 103 cities that did not previously receive sufficient LGA to cover the across-the-board city cuts imposed to balance the state's budget. The Governor has proposed extending those cuts for two more years. When the cuts are enacted after a city sets its property tax levy, the city must absorb the cut due to the fact that the city will receive less revenue than it originally certified when it sets its property tax levy. However, if the cuts are enacted before the city sets its property tax levy, the city can increase its property tax levy to offset the state cut. Under this scenario, all property taxpayers in the jurisdiction are effectively paying for the benefit of the reduced property taxes paid by homeowners. In this manner, the credit acts more like a hidden property homestead classification rather than a state paid credit. Sen. Rest's bill would require individual homeowner property tax statements to accurately reflect the actual amount of the state -paid MVHC reimbursement. This change would also permit the city to collect its total certified property tax levy. The League's policies support modifications to the MVHC program to make the credit a direct payment to qualifying homeowners. Sen. Rest chose not to introduce a bill to convert the MVHC into a direct payment because of the administrative overhead and cost. The alternative contained in SF 2043 is consistent with the League's policies. Questions? Contact Gary Carlson at 651.281.1255 or at: c:<:�7lsc,�ri`i %hnnc,org. For more information on city legislative issues, contact any member of the League of Minnesota Cities Intergovernmental Relations team. 651.281.1200 or 800.925.1122 p_ Apr 29 2005 17:23:05 Via Fax —> 763 569 5060 Plymouth -Frl a F ax - y A weekly legislative update from the League ofMinnesota Cities Gun law reenactment bill advances, counter proposal introduced A bill that would reenact the 2003 Citizens Personal Protection Act passed on a vote of seven to five out of the House Civil Lavv and Elections Committee on Wednesday. State Rep. Larry _ Howes (R -Walker), author of HF 24'28. is seeking re -passage of the act because a district court judge overturned the 2003 law on the grounds that the way the law was passed was unconstitutional. Re -passage of the law, also known as conceal - and -carry, may ultimately be unnecessary since the Attorney General has not exhausted appeals of the ruling on behalf of the Legislature. Still, proponents hope to ensure the law is reenacted regardless of the outcome of a potential Minnesota Supreme Court ruling on the decision that struck down the law. The committee approved one change to the 2003 law: they agreed to allow private entities that want to ban guns on premises to give verbal or written notice. The 2003 law requires both verbal and written notice. In spite of testimony criticizing elements of the 2003 law, the committee did not consider any other substantive changes to the bill. Edina Mayor James Hovland testified on behalf of the League of Minnesota Cities and said that cities are seeking the authority to ban guns in city buildings, facilities and parks. No amendment to accomplish this request was offered. Should the bill reach the House floor, the League will seek an author for this amendment. Because IIF 2428 did not meet the committee deadline for policy bills, it cannot reach the House floor without the approval of the House Rules and LesTislative A.d'ministration Committee. Page 004 Of 605 April 29, 2005 Page 4 The committee would likely advance the measure. A similar bill in the Senate, SF' 22`i9 (Pariseau, R -Farmington), has been scheduled for a Monday hearing. On the same day a House committee advanced the 2003 law, a bill was introduced in the Senate that would repeal the 2003 Citizens Personal Protection Act and create a new concealed carry permit law. SF 2271 (Skoglund, DFL - Minneapolis) would be coined the Minnesota Public Protection Act of 2005 and would create new criteria for obtaining and issuing permits to carry. The bill allows law-abiding citizens to obtain permits; however, it contains more restrictions than the 2003 law. Significant for cities are provisions that return authority for issuing permits to police chiefs, and authority for local units of government to ban guns on properties. This bill has not been scheduled for a hearing, but may appear in the form of an amendment to other conceal -and -carry legislation. The SeE.at:e Qu1nc.Prevention and 1)ublic; S. xtf�ty. Committee plans to take up .. T, .259 on Monday, May 2, at 9:30 a.m. in room 15 of the Capitol. As in the House, any policy bill would need Senate Rules and Administration Committee approval before advancing to the floor of the Senate. Based on the talk at the Capitol, re -passage of the Citizens Personal Protection Act this session is probable. Members who support the League's amendment should contact legislators in the next few days. Questions? ContactAnne Finn at 651.281.1263 or afinnli hnnaor . For more information on city legislative issues, contact any member of the League of Minnesota Cities Intergovernmental Relations team. 651.281.1200 or 800.925.1122 W,r fl Apr 29 2005 17:23:49 Via Fax —> 763 509 5060 P19mouth LC llvsofJ f_ 4;e\ -Frida F ax - y A weekly legislative update from the League ofMinnesota Cities Fate of House transportation funding bill uncertain After removing most of the revenue -generating provisions from the House transportation finance bill, 1.111`2461 (Holberg, R -Lakeville), the I. -rouse '.D1X.(;:ornmi.taee rejected what remained of the package on a bipartisan vote. In a late-night hearing, the committee considered numerous amendments that would have either added or subtracted funds from the state's transportation budget. In the end, few of the committee members could support the final product. Rep. Mary -Liz Holberg, the bill's author, will have to determine how to proceed. For now, the bill is considered dead. Passage of a transportation funding package is necessary to continue the state's transportation operations. The Senate's transportation funding bill, SF 980 (Murphy, DFL -Red Wing) awaits a hearing in the >enate: '.Fa:a Committee. Questions? ContactAnne Finn at 651.281.1263 ora Shooting range bill update The compromise bill, T. -IF, 2006/SF 190£1, worked out over the past year to give shooting ranges protection from the encroachment of development in exchange for establishing state standards for the operation of shooting ranges will have a hearing next week in the Senate Judiciary Committee, despite the fact that policy committees finished their normal hearing schedule on April 12. The Senate Judiciary Committee will meet to hear the bill as soon as possible in an agreement reached today in the Senate Rules Committee between the bill's author, Sen. Chaudhary (DFL - Page Bey Of 005 April 29, 2005 Page 5 Fridley) and the Judiciary Committee Chair, Sen. Betzold (DFL -Fridley). The bill will then be sent to the Rules Committee where it must be authorized to be sent to the Senate floor for action. At this time, the Senate Judiciary Committee is hoping to meet to hear this bill on Wednesday, May 4. This compromise bill is supported by LMC, the Minnesota Association of Townships, and the Association of Minnesota Counties, as well as by the shooting range industry and virtually every conservation and hunting organization. Questions? Contact Craig Johnson at 651.281.1259 or at ciohns71C.07,R. Legislative meetings in your city District and town hall meetings are a great chance to meet with your legislators and tell your city story close to home. Upcoming meetings in a city near you include: April 30 in Rochester (Rochester Public Library, 1012 d Street SE, noon-2pm) with Rep. Tina Leibling Check your local newspaper or radio station for additional dates. To receive e-mail notice of upcoming town hall meetings near you, subscribe online at h'an:/1-vtiSW.h<')I1se.les'..State.mil.ITS"'IT.1al11r,t nl.<' 11l.:1w list.aSp For more information on city legislative issues, contact any member of the League of Minnesota Cities Intergovernmental Relations team. 651.281.1200 or 800.925.1122 F4