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Council Information Memorandum 10-25-2002
rp)DuMMY OCTOBER 25, 2002 Youth Advisory Council October 28 meeting agenda...................................................................... Page 3 Official Meeting Calendars for October, November, and December ............................................... Page 5 Tentative list of agenda items for future City Council meetings ..................................................... Page 11 i NEWSARTICLES, RELEASES, PUBLICATIONS, ETC. Pioneer Press news story about the 30'h anniversary of the Clean Air Act, included at the request of Councilmember Ginny Black.................................................................................. Page 13 Notice of the 2002 "State of the Region" address by Metropolitan Council Chair Ted Mondale, Wednesday, October 30.................................................................................................. Page 16 Star Tribune news story about the Metropolitan Council Mayors Task Force on Housing ........... Page 17 Home Free P Quarter 2002 statistical report ................................................................................ Page 19 CITIZEN COMMUNICATIONS POLICY—CORRESPONDENCE Letter to Stephen Krupp from Public Works Director Dan Faulkner regarding maintenance of the water quality holding ponds at the Orchards of Plymouth Town Homes. A copy of Mr. Krupp's original correspondence is included.......................................................................... Page 21 A summary of 2002 correspondence.............................................................................................. Page 29 CORRESPONDENCE Thank—you letter from Ilene Forde for the City's efforts to blacktop Peony Lane north of WayzataHigh School..................................................................................................................... Page 30 CITY COUNCIL INFORMATION MEMO October 25, 2002 Page 2 Thank—you letter from Marty Guritz for the Council's efforts to maintain a financial agreement with NW Hennepin Human Services to fun the Senior Leadership Committee through2003................................................................................................................................. Page 31 Letters from Community Development regarding pending issues before the Planning Commission: Conditional Use Permit for Elm Creek Golf Course (2002075) .................................................... Page 32 Variance for Lundgren Brothers Construction (2002136).............................................................. Page 33 Interim Home Occupation License for Sandra Perreault (2002120 .............................................. Page 34 Variance for Soumya and Ruma Roy (2002124)........................................................................... Page 35 Site Plan Amendment and Conditional Use Permit for Wayne Jeske Associates, Inc. (200212 1) . Page 36 Variances for Roam Electric (2002128)......................................................................................... Page 37 Conditional Use Permit for Midwest Real Estate Services, Inc. (2002130) .................................. Page 38 Preliminary Plat for Mark Scherer (2002120)................................................................................ Page 39 LEGISLATIVE ITEMS League of Minnesota Cities report on the possibility of December state aid payment cuts .......... Page 40 YOUTH ADVISORY COUNCIL OCTOBER 28, 2002 7:30 PM COUNCIL CHAMBERS 6. Additional Materials: 1. November, December and January Calendars .2 Time Allotment 1. Approvals: 7:30-7:35 a) Agenda b) October 14 meeting minutes 2. Guest Speakers and Special Items: 7:35-7:50 a) Finalize goals and work plan ideas 3. Committee Updates: 7:50-8:15 a) Intergenerational Committee b) Marketing Committee c) Youth Town Forum Committee d) Youth Services Awards Committee e) "Corner Center" Committee (Co. Rd. 6/Niagara Building) 4. Future agenda items 8:15-8:20 S. Adjournment 8:20 6. Additional Materials: 1. November, December and January Calendars .2 OFFICIAL CITY MEETINGS October 2002 Sunday I Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 Sep 2002 S M T W T F S 7:00 PM PLANNING 7:00 PM HUMAN RIGHTS 1:00 PM -5:00 PM 1 2 3 4 5 6 7 COMMISSION, COMMISSION - PLYMOUTH ON 8 9 10 11 12 13 14 Council Chambers Council Chambers PARADE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 6 7 8 9 10 11 12 5:30 PM SPECIAL COUNCIL MEETING:DISCUSS IVESNONQUIL DRAINAGE ISSUES; DISCUSS LIFT 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE (EOC), Bass Lake Room 7:00 PM HRA - Chambers (this meeting only) STATION IN AUTUMN HILLS, SET FUTURE STUDY SESSIONS, Public Safety Training Room 7:00 PM PRAC, Medicine Lake 7:00 PM REGULAR COUNCI Room (this mon meeting y) Chambers Council Chhambers 13 14 15 16 17 18 19 7:30 PM YOUTH ADVISORY COUNCIL, 7:00 PM PLANNING Council Chambers COMMISSION, Council Chambers COLUMBUS DAY (OBSERVED), Public Works Division closed 20 21 22 23 24 25 26 7:00 PM LEAGUE OF WOMEN WOMEN VOTERS CITY COUNCIL CANDIDATE ""SAM PLYMOUTN#IINNETONKA -'r COUNCIL e.bwlrs, M cs^'0n Pk -y TDO PM LEAGUE OF WOMEN VOTERS STATE LEGISLATIVE FORUM, Coundl Chambers 530 PM SPECIAL COUNCIL MEETING: REVIEW SHINGLE CREEK AND ELM CREEK CANDIDATES FORUM, Council Chambers SECOND GENERATION WATERSHED MOW PIAN, Pubo SdMy Tn ft Roan 790 PM REGULAR COUNCIL MEETING, C—a Cbanba. 27 28 29 30 31 DAYLIGHT SAVINGS ENDS - 7:30 PM YOUTH T.00 PM LEAGUE OF WOMEN VOTERS 3RD CONGRESSIONAL Nov 2002 S M T W T F S 1 2 set clocks back 1 ADVISORY DISTRICT hour COUNCIL, CANDIDATES FORUM, Council Chambers 3 4 $ 6 7 8 9 Council 10 11 12 13 14 15 16 Chambers 17 18 19 20 21 22 23 24 25 26 27 28 29 30 modified on 10/25/2002 OFFICIAL CITY MEETINGS November 2002 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 Oct 2002 Dec 2002 9:00 AM -3:00 S M T W T F S S M T W T F S PM CITY HALL 1 2 3 4 5 1 2 3 4 5 6 7 OPEN FOR 6 7 8 9 10 11 12 8 9 10 11 12 13 14 ABSENTEE 13 14 15 16 17 18 19 15 16 17 18 19 20 21 VOTING 20 21 22 23 24 25 26 22 23 24 25 26 27 28 27 28 29 30 31 29 30 31 3 4 5 6 7 8 9 8:00 AM -7:00 GENERAL 7:00 PM 7:00 PM PM CITY HALL ELECTION - PLANNING CHOCOLATE OPEN FOR Polls open 7 AM COMMISSION, SAMPLER, ABSENTEE - Gose 8 PM Council Chambers Plymouth Creek VOTING Center 10 11 12 13 14 15 16 VETERANS DAY 5:00 PM SPECIAL COUNCIL MEETING: YOUTH ADVISORY COUNCIL INTERVIEWS CONSIDER OPTIONS FbR 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE 7:00 PM HUMAN RIGHTS COMMISSION, Council Chambers (OBSERVED), POLICY ON DISPOSAL OF CITY PROPERTY, (EQC), Medicine Lake (nab special date) City Offices -OWNED SET FUTURE STUDY SESSIONS .-nR6pm bc S"'ty Room (th13 month) 7:00 PM PARK & RECREATION ADVISORY COMMISSION (PRAC), Plymouth Ice Center (this meeting only) 7:00 PM REGULAR COUNCIL ChamE� c._1 17 18 19 20 21 22 23 6:30 PM JOINT MEETING: CITY COUNCIL/HRA: 7:00 PM PLANNING COMMISSION, 7:00 PM HOUSING & REDEVELOPMENT 7:00 PM SPECIAL COUNCIL MEETIN — ISCUSS: PUBLIC SAFETY ADVISORY BOARD LAND TRUST CONTINUANCE FIREFIGHTER POLICY; E MOWINGd Council Chambers AUTHORITY HRA), Plymouth. PRESENTATION, ORDI .A%E,REVIEW FFIuNA�LBN�cl1TRGE reek Center (this Council Chambers AltT'OLTCYS SCHEDULEFUTURE meeting only) STUDY SESSIONS, Council Chambw 7:00 PM PUBLIC BOARD PSAB) Police Dept. Library 24 25 26 27 28 29 30 7:30 PM YOUTH 11:45 AM PLYM T MTKA BUSIADVISORY THANKSGIVING HOLIDAY - City Chanukkah begins at sunset COUNCIL, location Center Offices COUNCIL, to be announced Closed Council THANKSGIVING Chambers HOLIDAY - City Center Offices 7;00 PM REGULAR COUNCIL Eambers ETING, Council CIE Ch Closed modified on 10/25/2002 OFFICIAL CITY MEETINGS December 2002 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 2:00 PM OLD FASHIONED 7:00 PM TRUTH IN TAXATION HEARING, Council Chambers 7:00 PM PLANNING COMMISSION, 7:00 PM HUMAN RIGHTS CHRISTMAS - SPECIAL COUNCIL Council Chambers COMMISSION - MEETING: Council Chambers Plymouth Ym (IMMEDIATELY IN Historical Society Building FOL LOWING TRUTH TAXATION:FIRE DEPT. RERT, CONSIDER PULL TAB REQUEST SET FUTURESfUDY, 7:00 PM PLYMOUTH ADVISORY COMMITTEE ON SESSIONS, Counl TRANSIT (PACT) - Chambers Bass Lake Room 8 9 10 11 12 13 14 e:00 PM TRUTH IN TA%ATION HEARING RECONVENED (IF NEEDED), CwrtrJClwMrs 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE 7:00 PM PARK & REC ADVISORY e:so PM oR SWIEDIATELv FOLLONG TRUTH IN IN (EQC), Medicine Lake Room (this month) COMMISSION pRAC ( ), Council TA TION)SPECIALCOUNCIL MEETING TO INTERVIEW Chambers BOARDICOMMISSION CANDIDATES, Lui Roan 750 PM YOUTH ADVISORY COUNCIL, Co—s Ch.6— 15 16 17 18 19 20 21 7:00 PM REGULAR 7:00 PM PLANNING 7:00 PM HOUSING a REDEVELOPMENT AUTHORITY (HRA), COUNCIL COMMISSION, Council Chambers MEETING, Council Chambers Council Chambers 7:00 PM PUBLIC SAFETY ADVISORY BOARD (PSAB), Police Dept Library 22 23 24 25 26 27 28 7:30 PM CHRISTMAS YOUTH HOLIDAY - City ADVISORY Offices closed COUNCIL, Council Chambers 29 30 31 Nov 2002 Jan 2003 S M T W T F S S M T W T F S 1 2 1 2 3 4 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 31 modified on 10/25/2002 Tentative Schedule for City Council Agenda Items November 12 • Announcement of award to Plymouth Human Rights Commission for youth initiatives by the League of Minnesota Human Rights Commissions • Table Consideration of Eligibility for Relocation Benefits to November 26 for Richard and Janice Pickering for 3030 Highway 101, and James and Evelyn Anderson for 17915 30th Place • County Road 73 Study • Tysdal property sewer hook-up • Approve conditional use permit to allow more than one principal building on a lot to allow an existing home and an existing clubhouse building to remain during construction of a new clubhouse building and revisions to resolution approving a site plan, conditional use permit and variance for Elm Creek Golf Course located at 19010 State Highway 55. Elm Creek Golf. (2002075) • Canvass results of November 5 General Election • Approve "No Parking" restriction on the north side of 10th Avenue, east of Xenium Lane and in the cul-de-sac at the east terminus of the roadway • Approve amendments to City Code Section 905 relative to the fire prevention code • Approve variance to allow redevelopment of an undersized lot and an impervious surface coverage variance to allow 30 percent coverage where 25 percent is permitted for property located at 2360 Ives Lane North. Marjorie Peabody. (2002126) • Approve Preliminary Plat and Final Plat for "Scherer Bass Lake" for two lots for property located at 12001 County Road 10. The existing home on Lot 2 will remain and a new home will be constructed on Lot 1. Mark Scherer. (2002120) • Approve final plat for "Serenity on Hadley Lake," nine single family dwellings for property located at 8th Avenue and Queensland Lane. Coldwell Banker Burnet. (2002055) • Approve Final Plat for Phase I of "Timber Creek Crossing," for 90 townhome units for property located at Schmidt Lake Road and Garland Lane. Orrin Thompson Homes. (2001114) • Approve resolution authorizing the execution of the Hennepin County Environmental Response Fund Grant. Stone Creek Village • Consider Variance to encroach two feet into the required 25 foot rear yard setback to allow construction of a room addition for property located at 4910 Olive Lane North. (Soumya and Ruma Roy - 2002124) • Accept donation of $4,000 to Fire Department from Boston Scientific Sci-Med • Accept donation of glass trophy case for the Plymouth Creek Center lower level by Plymouth Soccer Association • Approve submission of comments on Shingle Creek Water Management District Second Generation Plan November 26 • Consider Eligibility for Relocation Benefits for Richard and Janice Pickering for 3030 County Road 101, and James and Evelyn Anderson for 17915 30th Place N. • Approve interim use permit for reduced parking and variance for parking setback for property located at 9625 36th Avenue North (2002128) • Approve Site Plan Amendment and Conditional Use Permit amendment for a 3.521 sq. ft. addition to Ascension Lutheran Church, 15870 46th Avenue N. (2002121) • Approve Conditional Use Permit for installation of a 75 -foot monopole with telecommunication antennas and related equipment at the Oakwood Square Shopping Center at 1400 County Road 101 North (2002130) • Approve text amendments to Zoning Ordinance related to regulation of exterior lighting • Adopt annual amendments to Zoning Ordinance • Approve interim home occupation permit to operate a residential housecleaning service out of the home located at 4810 Quinwood Lane North (2002129) December 17 • Adopt 2003 Budget and Tax Levy • Ordinance amending Section 725.06 of the City Code modifying the appeals mechanism for the Storm Water Utility • Approve 2003 Gasoline Service Station, Tobacco, Amusement, and Target and Trap Shoot Licenses • Approve designation of Deputy Mayor • Appoint Council Coordinating Representatives • Appoint individuals to Boards and Commissions TwinCitiesocom Posted on Fri, Oct. 18, 2002 PIO!M PRO Troubled waters remain On the 30th anniversary of the act designed to clean America's water, Minnesota rivers largely have been purged of industrial poisons. But the battle is far from over. Rivers face new challenges from runoff, and lakes have grown more polluted. BY DENNIS LIEN Pioneer Press As John Gislason fished the Mississippi River near the Ford plant in Highland Park four decades ago, he saw red — enough of it to stain his lure. "I imagine someone spilled some red paint and they were flushing it off the floor," said Gislason, describing the paint flowing from a sewer pipe into the river. "I happened to be there when it was going through. It didn't make a big mess, but it was enough that I noticed it and it fouled my lure." Today, as Americans mark the 30th anniversary of the Clean Water Act, such visible, industrial pollution is no longer allowed. The Mississippi and other rivers aren't the open sewers they once were, though many still remain choked by pollutants, including such nutrients as phosphorus and nitrogen. The legislation's impact is less clear for lakes, wetlands, and groundwater, which face a host of more insidious threats. "We've dealt with a lot of point sources and that's why we've seen improvements in water quality over the last 30 years," said Patience Caso, water program coordinator for Clean Water Action Alliance of Minnesota. "But we're seeing a lot of waters more degraded in recent years because of runoff from agriculture and urban streets." When Congress passed the Clean Water Act in 1972, the nation's rivers were a mess. In what became symbols of that era's problems, the Cuyahoga River in Ohio burst into flames in 1969 and Lake Erie was perceived to be dead. The wide-ranging act prohibited most industrial dumping, gave citizens the right to sue polluters, and established other anti -pollution laws. Before it was enacted, there were no enforceable national standards for discharges into surface waters. Because of it, Minnesota industries had to get state and federal water discharge permits and municipal sewage plants were forced to upgrade their operations. In the 1980s, Minneapolis and St. Paul separated their sewer systems to keep raw sewage out of the river during rainstorms. The result was a cleaner Mississippi. By the late 1970s, mayflies, indicators of a river's health, were again hatching in large numbers. "I'm seeing more walleye and, in just the last 15 years, musky," said Gislason, a St. Paul engineer who's fished the river since 1955. "I see more sunfish; I see more large largemouth bass. Fishing is better. And, I don't notice a smell." But if the Mississippi is less outwardly dirty, it faces new challenges. In recent years, walleyes taken from below the metro wastewater treatment plant in St. Paul have shown sterility and lowered levels of testosterone. Last year, the U.S. Geological Survey found traces of compounds common in insect repellants and animal feed. In both cases, the health implications are unclear. "The Clean Water Act has done a really good job of removing lethal chemicals from the environment," said Kathy Lee, a USGS hydrologist. "But when you look at newer contaminants, in which we've recently gained expertise, they are posing a risk." It isn't just the Mississippi that's better. The Minnesota Pollution Control Agency said recently that the Minnesota River, long considered the state's dirtiest, is cleaner than it was 25 years ago. But the Minnesota Center for Environmental Advocacy this week said the agency's own documents identify more than 100 remaining communities and areas in the river basin with sewer deficiencies, 25 river sections contaminated with fecal coliform bacteria, and 129 river locations with evidence of mercury and polychlorinated biphenyls. While rivers generally are in better shape, the USGS said lakes aren't. Development pressures, increased agricultural activity and fertilizer use, aging septic systems, and such non-native weeds as purple loosestrife and Eurasian water milfoil have all taken a toll. In recent years, the state has issued fish -consumption advisories because of mercury from such sources as coal -burning power plants. "The lakes have degraded," said Jim Stark, a USGS hydrologist. "As evidenced by nuisance algae and reductions in clarity, they are less swimmable and fishable and less desirable from many standpoints." Although the Clean Water Act established a program regulating damage to wetlands, they continued to be drained rapidly until the first Bush administration in 1989 set forth a "no net loss" policy, which slowed wetlands destruction dramatically. But even now, the National Academy of Sciences says there's no way to measure whether the goal is being met. Like rivers, groundwater has benefited from the cleanup of such pollution sources as leaky fuel tanks. "The big point -source contaminants have been addressed and are being taken care of and are being remediated," Stark said. But he said agriculture and urbanization continue to put pressure on shallow aquifers, which contain nitrates and trace concentrations of pesticides. Efforts to address many of those water -quality threats have not fared well recently. Last spring, a broad- based effort to approve almost $80 million in water -quality measures was largely discarded by the Legislature or vetoed by Gov. Jesse Ventura. That's despite apparent public support. Last week, for example, the Minnesota Environmental Partnership, a coalition of 81 environmental and conservation organizations, released poll data that said state residents overwhelmingly support better enforcement of clean water laws, more information about pollution in lakes, rivers and streams, and more money spent on environmental protection. "What this is telling us is that the public is ahead of the politicians," said Don Arnosti, the organization's Protect Our Water coordinator. CLEAN WATER CELEBRATION The 30th anniversary of the Clean Water Act will be celebrated from 12:30 to 4 p.m. today on Harriet IL� Island with speeches, displays in the Pavilion and river -monitoring demonstrations. Dennis Lien covers the environment. He can be reached at dlien@pioneerpress.com or (651) 228-5588. V 2001 pioneerpress and wire service sources. All Rights Reserved. h11pJ/www.twincities.corn V5, � � z p d c a z r vI = ar rs N_ Q I O h. S v _ Ln W ox u=a 0 U cu c�E Ia :! & c v L' J 6- a+ Lr% =OLS LZS- Cti 1p to .. ... CL. eA 1.4 v y O N V1 Lei W J O O --� aC �o J fa • V rp L � � C O QJ L� ,oasts ee`e 'o O ca V Sts Ste' r _ E — C 3 '^ A N a • Elow v v -O_ eo 5 0 C )calls »!H = 90 N � O ry c -� C � •e,,� _ O .-+14 an O p _ i 0 �b • • ® u s cm 4v r-+ O c i W O `o . 4— 2}, *i 5 c, o i M o- C nCD v+ o a' v ,%D +-0 4— i �'' Q d v O _� O Q •� .v _� O cn GJ O i C y r O eu '=3 oo QJ O wl a-+ �n T M O C 4--0 N CU L G H % g N •'O-. •�-+, , _ c y Zo /O 4 a cn o r%)_ Ln- 'v CLOSE URNDOIN # . Twin Cities mayors push for more affordable housing Two years after telling metro -area cities that they must reduce barriers to affordable housing, a task force of 20 mayors said Wednesday that cost-saving techniques to build houses need wider use. That was part of a sheaf of recommendations the group released that focus on producing less- expensive housing by reducing regulatory barriers. The task force, of metro -area mayors, said new methods of building affordable houses often take too long to be accepted because of resistance by city regulators, builders and construction workers. It urged workshops and incentives to promote cost-saving techniques. Although their report contained several finance proposals, the mayors said at a news conference that the issue is less about spending money and more about using promising techniques for getting homes built and keeping them affordable. To underscore that, the group slashed its 2000 recommendation that the state spend $230 million on affordable housing to a hold -the -line level of $106 million. Metropolitan Council Chairman Ted Mondale called the previous housing spending target of 1 percent of the biennial state budget "unrealistic" in 2002. The group cited cost-cutting efforts by St. Peter to rebuild housing after a tornado, Chaska's flexibility on zoning requirements to promote lower costs and the Greater Metropolitan Housing Corporation's efforts to standardize designs and construction techniques. But the latter group has produced only one house using the techniques, and it didn't save money over conventional techniques, according to its president, Carolyn Olson. She said there are hopes of achieving savings in the future. The group repeated its 2000 recommendation that suburbs work to eliminate zoning requirements that unnecessarily drive up home prices. For example, Chaska approved 30 -foot lots and carriage houses to promote lower prices in the Clover Field development. Mayors asserted that many suburbs reviewed their regulations after that report. But they couldn't say how many, because the survey of local practices that the group recommended in 2000 never got done. The report also emphasized techniques to make sure affordable housing stays just that. One major tool cited was the creation of land trusts. They buy the lots and give long-term leases to people who buy the houses on the lots. But when the house is sold, the owner is limited to a small fraction of the house's gain in value. This keeps the house below market price for the next buyer. Chaska plans to use this for some Clover Field houses, but there are only a handful of land trusts in Minnesota. The mayors also called on the private sector to standardize second mortgages so that they can be more widely used to assist homeowners who can make only a small down payment. Standardization would allow mortgages to be resold more easily to private investors, replenishing the lending pool for second mortgages. The group did not address who should assume the risk of making loans to highly leveraged borrowers. Iq The group also asked that the state sell $20 million annually in bonds for affordable housing but didn't specify how the money should be used. It also suggested that the state allow a mortgage and deed tax surcharge of as much as 2 percent to use for lower-priced housing. An earlier proposal to use part of the deed tax for affordable housing died at the State Capitol. — Steve Brandt is at sbrando&tartribunexom or 612-673-4438. © Copyright 2002 Star Tribune. All rights reserved. Home Free Community Programs 3409 Kilmer Lane N. Business (763) 545-7080 Plymouth, MN 55441 Crisis Line (763) 559-4945 Fax(763) 545-7071 tl. j A p October 17, 2002 Dwight Johnson City Manager 3400 Plymouth Blvd Plymouth, MN 55447 Dear Mr. Johnson: I have enclosed the statistical report for the 3rd quarter of 2002. If you have any questions or comments please feel free to contact me. Thank you for your continued support to Home Free and Battered Women and their children. Sincerely, Laura Landis Program Coordinator Home Free Community Program CC: Craig Gerdes, Chief of police Sgt. Lindman Elliot Knetsch, City Prosecutor Pat Murphy, Mission Inc. Mary Monteon, Home Free Nita Quinn, Home Free 1� CITY OF PLYMOUTH QUARTERLY REPORTS JANUARY 1, 2002 - SEPTEMBER 30, 2002 1ST QTR ND QTR 3RD QTR 4TH QTR YTD 2002 2002 2002 2002 2002 Police Activities: Arrests 24 20 17 61 Dual Arrests 1 1 4 _ 6 Juvenile Arrests 1 0 3 4 City Prosecution: Formal Complaint 16 12 21 1 49 Declined 0 0 0 0 Home Free Victim Services Provided: 368 362 401 0 1131 OFP's Written 10 11 14 35 OFP's Granted 71 6 5 18 Harassment Orders Written 41 1 1 6 Harassment Orders Granted 1 1 2 4 Safety Plans 12 1 16 27 55 Family Financial Assistance 3 61 2 _ 11 Court Advocacy Provided 61 56 45 162 Systems Advocacy 50 41 43 1 134 Transportation Provided 17 17 13 47 Face -to -Face w/Information or referral 30 34 37 101 Phone w/Information or referral 99 88 101 288 Letter w/Information or referral 53 68 99 220 # of Support Groups 21 17 12 50 UNDUPLICATED NUMBER SERVED: # of Women Sheltered 1 1 5 7 # of Children Sheltered 0 0 6 6 # of Women Attending Support Groups* 33 19 18 70 # of Children in Support Group Childcare* 25 23 12 j 60 # Victims Served in Community Programs 90 83 94 267 Total Unduplicated 149 126 135 01 410 *Support Group #'s include all cities rLIJ October 24, 2002 Stephen A. Krupp Attorney at Law 17945-3 9th Place Plymouth, MN 55446 SUBJECT: WATER QUALITY TREATMENT POND AGREEMENT FOR ORCHARDS OF PLYMOUTH TOWNHOME ASSOCIATION (94050) Dear Mr. Krupp: I am responding to your October 10, 2002 letter to Mayor Tierney regarding the December 22, 1994 agreement between the City of Plymouth and Abingdon Development Corporation filed with Hennepin County as Document No. 6416037. As you mentioned in your letter and with reference to Item 6 of the Pond Maintenance Agreement, the Orchards of Plymouth Townhome Association, as the successor to Abingdon Development Corporation, is now responsible for the terms of the agreement. As you indicated in Item 5 of the agreement and I quote, "In the event the City shall establish a policy for maintenance by the City of storm water quality ponds located elsewhere in the City of Plymouth, MN, under which policy the costs of such maintenance are to be paid either out of general City revenues, or by collection of utility or service fees or charges, then any owner of any portion of the subject property shall be entitled to petition the City for the inclusion of the water quality treatment pond under such maintenance program, and the City shall consent to such request and thereupon authorize the termination of this agreement." It is my understanding that you believe the City, through its initiation of a storm water utility fee which was approved by the City and became effective on July 31, 2001, provided the means to request the City for inclusion in the City's Pond Maintenance Program as provided for in paragraph 5 of the Pond Maintenance Agreement. While the City has established the storm water utility fee for storm water purposes as permitted by Minnesota Statutes, Section 444.075, the City has not established a policy for maintenance of all storm water quality treatment ponds located throughout the City. While the City Council recently did consider establishing a city-wide Pond Maintenance Program, the current annual revenue from the storm water utility fee would not be adequate to fund a city-wide program at this time. a. \Engineering\DEVLMNTS\1994\940501,LTRS\Krupp_WtrQua[PndAgnt_10 _4.dot PLYMOUTH A Beautif ul Place To Live 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000 (B .— www.b.plymouth.mmus Stephen A. Krupp Page 2 The City does realize that maintenance of any type of storm water treatment ponds is critical to the overall water quality within the City of Plymouth. We will, therefore, continue to do what we can with our limited resources and research all options for establishing a city-wide Pond Maintenance Program. If you have any further questions or comments, please contact me. Sincerely, Daniel L. Faulkner, P.E. Director of Public Works cc: Dwight D. Johnson, City Manager Dale Hahn, Finance Director V/ N:\pw\Engineering\DEVLMNTS\I994\94050\LTRS\Krupp_WtrQualPndAgntt_10 24.doc Stephen A. Krupp Attorney At Law 17945 39"' Place Plymouth, MN 55446 (763) 478-9070 October 10, 2002 The Honorable Joy Tierney Mayor, City Of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447-1482 Re: Orchards of Plymouth Town Home Association Dear Mayor Tierney, By way of introduction, I am the president of the Orchards Town Home Association. In December 1994, the City of Plymouth entered into an Agreement (copy enclosed) with Abingdon Development Corporation, the developer of the Orchards of Plymouth. The Agreement required Abingdon to construct a water quality pond within the boundaries of the development, and thereafter to maintain the water quality pond at its cost,. Presumably, the Association, as successor to Abingdon, now shoulders that responsibility Fortunately, the Agreement also provides that Association members may Petition the City to take over the care and maintenance of the water quality pond if the City of Plymouth establishes a policy for the maintenance of storm water quality ponds located elsewhere in the city. And, if the City pays for the cost of maintaining the water quality ponds out of general revenues, service fees or other charges. Last year, October I believe, the City imposed a surface water tax upon all homeowners. I understand that this tax was imposed to cover the City's cost of maintaining water quality ponds throughout the City. If memory serves, the tax amounts to $3.25 every other month, or $19.50 per homeowner per year. We have 34 homeowners in the Orchards of Plymouth so the City collects,$663 in surface water taxes from this development every year. q5 The City's surface water tax triggered the Agreement's condition for the members of the Orchards of Plymouth to Petition the City to take over full responsibility for the care and maintenance of their water quality holding pond. And, the Orchards of Plymouth does herewith Petition the City to do just that. Kindly advise the date on which the City plans to honor its Agreement with the Orchards of Plymouth, and on which the City will take over the care and maintenance of our water quality holding pond. Sincerely, ORCHARDS OF PLYMOUTH Steph Krupp cc: Dwight Johnson 64}x"1 AGREEMENT THIS AGREEMENT made this 22 day of December 19 94 by and among the City of Plymouth, a Minnesota municipal corporation (hereinafter referred to as the "City") and, Abingdon Development Corporation a Minnesota corporation (hereinafter referred to as "Abingdon") with reference to the following facts and circumstances: A. Abingdon is the fee owner of certain real property situated in the City of Plymouth, Hennepin County, Minnesota, legally described as follows: ORCHARDS OF PLYMOUTH (940501 (hereinafter referred to as the "Subject Property" and detailed on "Exhibit A") B. As a condition of its approval of the development for the Subject Property, the City has required that the parties hereto enter into an agreement, which makes provision for the maintenance of one water quality pond ("Water Quality Treatment Pond") to be constructed by Abingdon within the boundaries of the property outlined in paragraph "A" of said Agreement as the same are described and depicted in those certain construction plans drawn by McCombs Frank Roos and Associates Inc and approved by the City. C. The parties hereto desire to set forth their agreements with respect to the maintenance of the Storm Water Quality Ponds and the costs of such maintenance. NOW THEREFORE, in consideration of the foregoing facts and circumstances, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. For the purposes of this Agreement, maintenance of the Water Quality Treatment Ponds shall mean the periodic dredging of the silt buildup in the Water Quality Treatment Ponds as necessary to maintain the Water Quality Treatment Capacity, as established for the Water Quality Treatme..t in the const; actLon plans and to maintain the proper operation of r;:e treatment function of the Water Quality Treatment Pond. 2. Abingdon shall be solely responsible for the maintenance of the Water Quality Treatment Pond, and shall bear all costs of such maintenance. If Abingdon does not undertake the necessary maintenance within 30 days of notification by the City, the City may undertake such maintenance, but the costs reasonably incurred by the City for performing such maintenance shall be reimbursed to the City by the owner(s) of the Subject Property. -.'IS INSTRUMOU WAS DRAFT City of Ply,nouth 3400 Ply,ncuth Boulevard _ 1 JyPlynoath, IyaJ 55447-1432 �g (name and add ,es.:,; �- (612) 550-5000 3. All costs which the City may incur in performing its maintenance responsibility under this Agreement shall be reimbursed to the City by the owners of the various lots contained within the Subject Property with such costs to be allocated among those lots on equal basis per lot. 4. Abingdon, as the owner of the lots in the Subject Property, for itself and respective successors and assigns, hereby waives any statutory right which it may have to contest any such assessment by the City of its maintenance costs on the basis of the benefit to its respective portions of the Subject Property. 5. Notwithstanding anything contained in this Agreement to the contrary, in the event the City shall establish a policy for maintenance by the City of storm water quality ponds located elsewhere in the City of Plymouth, Minnesota, under which policy the costs of such maintenance are to be paid either out of general City revenues or by collection of utility or service fees or charges, then any owner of any portion of the Subject Property shall be entitled to petition the City for the inclusion, of !he eater Q,�;fv t—t—nen* 7onds :Inger s,,C Z JL_,u maintenance program, and the City shall consent to such request and thereupon authorize the termination of this Agreement. The recording of a certified copy of the Resolution of the City Council of the City which sets forth the consent and authorization described in the foregoing sentence shall serve to terminate this Agreement, without further action on the part of any party hereto. 6. The terms and conditions of this Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the day and year first above written. ABINGDON DEVELOPMENT CORP. By: 0 16 CITY OF PLYMOUTH I�Iayor _ By: ' t o l a City Manager STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was executed and acknowledged before me on this �j- day of 1 -gib c` 4: 1� 45 -by JaAc Q `-''• ev; Mayor and C : -�� .>, F , respectively, of the City of Plymouth, a Minnesota municipal corporation. Ali.:.r.-.<.•.t..,.1:�;-�..i.,�..�,.�1•�.�.�� JUDY A. MWILLIN '�• N;:TARY PUBUC MINNESOTA o `WMY COMMISSION WIRES 1•31.00 1V N STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) The foregoing was acknowledge before me thi; �'4a- s day of / �y by -.-A Fi de t , the / , PS 1A, of a corporation under the laws of Minnesota, on behalf of the CO r p0i-a-,Ai 0-f7 LINDA L KIEL Notary Pupil- Minnesota My Commission Expires Jan. 31, 2000 •it. � :� `tel Notary :Public EXHIBIT A (94050) Lots 1 and 2, Block 1 Lots 1 and 2, Block 2 Lots 1 and 2, Block 3 Lots 1 and 2, Block 4 Lots 1 and 2, Block 5 Lots 1 and 2, Block 6 Lots 1 and 2, Block 7 Lots 1 and 2, Block 8 Lots 1 and 2, Block 9 Lots 1 and 2, Block 10 Lots 1 and 2, Block 11 Lots 1 and 2, Block 12 Lots 1 and 2, Block 13 Lots 1 and 2, Block 14 Lots 1 and 2, Block 15 Lot 1, Block 16 Outlot A Outlot B Outlot C 2 y .� 'la O � y •b N H O y •N .fl y d O y � F. 'b $ •5 � O �•� 'D @ �� � c d N � � b O O � W O a 3 °' b v v � �, •� � �., � v cu o�,�? '� sob ,o � c v o a3i v U o � y N `n tp C fA O � -13 ca 12 w > ° .6 aj c T o n co ami Eto Q m � U o � 3 Do a V .N E .3 c .� ti o wca _ U> a o 0 3 a c'> o j o N ^g > �� �w m 3cnn ov)w 3cn 3.5 3 o axiOFc c. c°� a o.ca � —rLw ¢ Q d Q ¢ �+ j ~; O A E O N as N N N N O M N .4 N U O\ cn N M In. C m05 R Ld U A y vi �D N N as O M N oo O O� N M ajb U 'a R. P. d C6 . iML cc> ca O 7 O O � N cq N O p A c o 48 w 3 c L� Ei v, ¢ Cdo ° c N d a� L 03o w 'b = cs y a pp ° ea Com.' o a"3i 3 cwwa A � � v o U ami r o E � a r� w° o > c o ca w a� c e Q = o o agoi n w w o bD 'ca cn wcn cnQ.a C k `� y •p W y N O cam., y a c o .n o g °° •° c 5 a a° oa 0.o NC6C rn a A A .- H cn H a O N d N U N � w w x w x C7 w caw x C7 fa w w w O N M et 2 i -- y ' — , ,of _ % 1 p- A. J f� Jo: TZwnouzJi City rouncil Octo6en 23, 2002 yell, use ane imi.Linpl / elle urznt to thank you 4on making 4i..nanci. annan,aemen& ui-th A. V. 11uman Seavi.ceA ao that the %Lymoui-A ieni.o/L4 can continue to be a paid o4 Seni--on Leaclen&hip Committee through 2003. Ne a, .L continue to educate the communi.-ty about ii-ue& a4�ecting the aeni.olu and &epolct our Andi. a4 to the ieni.o t c. uba and others oAganl Sat ion&].. 4gac_n many thanh4. MaA-t y SuJ(C t� �ezl Qi.0 cavaAa4 Ma6Le Suanaon en /ac ga V�„ : maAY & Cli-44 1704nion ManjoAi.e Seel Ma/Lion Koch 3I CITV OF October 25, 2002 PLYMOUTH+ SUBJECT: CONDITIONAL USE PERMIT FOR ELM CREEK GOLF COURSE (2002075) Dear Property Owner: Pursuant to the provisions of the Plymouth Zoning Ordinance, this is to inform you of a request by Elm Creek Golf, under File 2002075, for a conditional use permit to allow more than one principal building on a lot. The request would allow an existing clubhouse building and an existing home to remain during construction of a new clubhouse building on the site for property located at 19010 State Highway 55. Hennepin County records indicate your property is within 500 feet of the site of this proposal. You are hereby notified of, and cordially invited to attend a Public Hearing to be held by the Plymouth Planning Commission at 7:00 p.m., on Wednesday, November 6, 2002, in the City Council Chambers at the Plymouth City Hall, 3400 Plymouth Boulevard. The public will be invited to offer questions and comments concerning this application at that time, or feel free to call the City Planning Department at (763) 509- 5450 for more information. INFORMATION relating to this request may be examined at the Community Development Information Counter (lower level), on Mondays and Wednesday through Friday from 8:00 a.m. to 4:30 p.m., and Tuesdays from 8:00 a.m. to 6:00 p.m., except holidays. Sincerely, Barbara G. Senness, AICP Planning Manager 2002075propnotice2 PLYMOUTH A BeautifufPfaceTTo Live 3400 PLYMOUTH BOULEVARD PLYMOUTH, MINNESOTA 55447-1482 TELEPHONE (763) 509-5000 ®.....��. www.d.plymouth.mmus CITY OF October 25, 2002 PLYMOUTH - SUBJECT: VARIANCE FOR LUNDGREN BROS. CONSTRUCTION (2002136) Dear Owner/Occupant: This letter is written to inform you that Lundgren Brothers Construction, under file 2002136, submitted a planning application requesting approval of a variance to allow a lot width of 77.23 feet, where 80 feet is specified for proposed Lot 4 in conjunction with the "Plum Tree 5th Addition" for property located at Urbandale Lane and 48`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, November 6, 2002, 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, fAIV i �ah^� I I }� t 171n Barbara G. Senness, AICP Planning Manager 2002136propnotice PLYMOUTH A Beautcfu(Piace To Live 3400 PLYMOUTH BOULEVARD • PLYMOUTH, tiiINNESOTA 55447-1482 • TELEPHONE (763) 509-5000 www.ci.plymouth.mn.-is CITY OF October 25, 2002 PUMOUTR SUBJECT: INTERIM HOME OCCUPATION LICENSE FOR SANDRA PERREAULT (2002129) Dear Owner/Occupant: This letter is written to inform you that Sandra Perreault, under file 2002129, submitted a planning application requesting approval of an interim home occupation license to operate a residential housecleaning service out of the home located at 4810 Quinwood Lane 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, November 6, 2002, 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, bv�t/om am --e-17 ' Barbara G. Senness, AICP Planning Manager 2002129propnotice PLYMOUTH 11 BeautifufPface % Live 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000 wmn ni mn I is 44 CITY OF October 25, 2002 PLYMOUTR SUBJECT: VARIANCE FOR SOUMYA AND RUMA ROY (2002124) Dear Owner/Occupant: This letter is written to inform you that Soumya and Ruma Roy, under file 2002124, submitted a planning application requesting approval of a variance to allow construction of a sunroom addition for property located at 4910 Olive Lane North. The proposed addition would encroach two feet into the 25 -foot required rear yard setback. 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, November 6, 2002, 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 2002124propnotice 3) LJ Schmidt Lk.Rd SOO Line :RR. PLYMOUTH A Beautifu(Place ?o Live 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000 wnnw.ni nhimnufh mn im CITY of October 25, 2002 PLYMOUTH' SUBJECT: SITE PLAN AMENDMENT AND CONDITIONAL USE PERMIT FOR WAYNE JESKE ASSOCIATES INC. (2002121) Dear Property Owner: Pursuant to the provisions of the Plymouth Zoning Ordinance, this is to inform you of a request by Wayne Jeske Associates, Inc., under File 2002121, for a site plan amendment and conditional use permit amendment for a 3,521 square foot addition onto the Ascension Lutheran Church located at 15870 -46th Avenue North. The proposed addition would include three classrooms and miscellaneous interior remodeling. The request would also include a parking lot expansion for 43 additional parking spaces. Hennepin County records indicate your property is within 500 feet of the site of this proposal. You are hereby notified of, and cordially invited to attend a Public Hearing to be held by the Plymouth Planning Commission at 7:00 p.m., on Wednesday, November 6, 2002 in the City Council Chambers at the Plymouth City Hall, 3400 Plymouth Boulevard. The public will be invited to offer questions and comments concerning this application at that time, or feel free to call the City Planning Department at (763) 509- 5450 for more information. INFORMATION relating Development Information Friday from 8:00 a.m. to holidays. Sincerely, Barbara G. Senness, AICP Planning Manager 2002121propnotice to this request may be examined at the Community Counter (lower level), on Mondays and Wednesday through 1:30 p.m., and Tuesdays from 8:00 a.m. to 6:00 p.m., except 3� PLYMOUTH A Beautiful Place To Live 3400 PLYMOUTH BOULEVARD - PLYMOUTH, MINNESOTA 55447-1482 - TELEPHONE (763) 509-5000 CITY OF October 25, 2002 PUMOUTR Dear Property Owner: SUBJECT: VARIANCES FOR RAM ELECTRIC (2002128) Pursuant to the provisions of the Plymouth Zoning Ordinance, this is to inform you of a request by Ram Electric, under file 2002128, for variances for parking setback for property located at 9625-36`h Avenue North. The variances requested are to allow zero setback to the east and south sides of the building where 10 feet is required. 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, November 6, 2002, 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, u4m `A ��� Barbara G. Senness, AICP Planning Manager 2002128propnotice 3-� PLYMOUTH A. Beau4u(Place To Live 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000 CITY OF PLYMOUTI+ October 25, 2002 Dear Property Owner: SUBJECT: CONDITIONAL USE PERMIT FOR MIDWEST REAL ESTATE SERVICES INC. (2002130) Pursuant to the provisions of the Plymouth Zoning Ordinance, this is to inform you of a request by Midwest Real Estate Services Inc., under File 2002130, for a conditional use permit for installation of a 75 -foot monopole with telecommunication antennas and related equipment at the Oakwood Square Shopping Center at 1400 County Road 101 North. Hennepin County records indicate your property is within 500 feet of the site of this proposal. You are hereby notified of, and cordially invited to attend a Public Hearing to be held by the Plymouth Planning Commission at 7:00 p.m., on Wednesday, November 6, 2002, in the City Council Chambers at the Plymouth City Hall, 3400 Plymouth Boulevard. The public will be invited to offer questions and comments concerning this application at that time, or feel free to call the City Planning Department at (763) 509- 5450 for more information. INFORMATION relating Development Information Friday from 8:00 a.m. to holidays. Sincerely, to this request may be examined at the Community Counter (lower level), on Mondays and Wednesday through 4:30 p.m., and Tuesdays from 8:00 a.m. to 6:00 p.m., except �� r�vrrn `�'1Y\#?D Barbara G. Senness, AICP Planning Manager 2002130propnotice "M PLYMOUTH A Beautifu[Nace To Live 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000 CITY OF October 25, 2002 PLYMOUTH+ SUBJECT: PRELIMINARY PLAT FOR MARK SCHERER (2002120) Dear Property Owner: Pursuant to the provisions of the Plymouth Zoning Ordinance, this letter is to inform you of a request by Mark Scherer, under File 2002120, for a preliminary plat to subdivide a 3.4 acre parcel into two lots for property located at 12001 County Road 10. The existing home on Lot 2 would remain and a new home would be constructed on Lot 1. Hennepin County records indicate your property is within 750 feet of the site of this proposal. You are hereby notified of, and cordially invited to attend a Public Hearing to be held by the Plymouth Planning Commission at 7:00 p.m., on Wednesday, November 6, 2002 in the Council Chambers at the Plymouth City Hall, 3400 Plymouth Boulevard. The public will be invited to offer questions and comments concerning this application at that time, or feel free to call the City Planning Department at (763) 509-5450 for more information. INFORMATION relating to this request may be examined at the Community Development Information Counter (lower level), on Mondays and Wednesday through Friday from 8:00 a.m. to 4:30 p.m., and Tuesdays from 8:00 a.m. to 6:00 p.m., except holidays. Sincerely, 4fiw `fir Iy yy) Barbara G. Senness, AICP Planning Manager 2002120propnotice 0 ? J PLYMOUTH A Beautiful Pface To Live 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000 VlneFAA r ri nl%rmnr Ok m r is f� 2 145 University Avenue West, St. Paul, A IN $5103-2044 j ;U Phone: (651) 281-1200, (800) 925-1122 League of Minnesota Cities TDD (6�0 281-1290 " K Cities promoting ezcenence LMC Fax: (651) 281-1299 LMCIT Fax: (651)'2�1-1298 Web Site: http://www.1 nc:org-- MEMORANDUM To: Mayors, City Managers, Administrators and Clerks From: Jim Miller, Executive Director Re: December aid cuts becoming more likely Date: Tuesday, October 22, 2002 In mid-August, the League distributed a memo outlining considerations for your city budget due to the uncertainty surrounding the state's budget. This memo is intended to update the information contained in our previous document. The focus of this memo is not on the much - publicized 2004-2005 biennial deficit that could exceed $3 billion. Rather the focus is on the immediate fiscal year budget and the possibility that by the end of current fiscal year on June 30, 2003, the state could face a deficit that will require almost immediate remedial action. This could include reductions or delay of December aid payments. Two weeks ago, the State Department of Finance released the quarterly economic update. This quarterly update is not formal state budget forecast. It is a report on year-to-date revenue collections compared to previous forecasts, and makes note of any significant economic or revenue developments that have occurred since the last formal forecast. The news at the update was again pessimistic. The continued slow recovery from the recent recession has translated into a slower rebound in the state's tax collections for the current fiscal year. If current tax collections remain dampened, the state could have a deficit for the balance of the current fiscal year. The next official prediction of the status of the state budget will occur on December 3. The Department of Finance will release its state budget forecast on or around that day and if the short-term projections indicate a 2003 deficit beyond the state's budget reserve, the state will likely have to take quick action. e-�o Unallotment In our discussions with administration staff, it is clear that there are at least preliminary preparations being made should the December forecast show a deficit for the remainder of the current biennium. The governor has the power to "unallot" or reduce state expenditures to balance the state's budget and December state aid payments could be affected. Although we did mention this possibility in the August memo, at that time it did not appear to be a likely outcome. However, as each passing month ends with revenues lower than forecast, it appears that a deficit, and therefore unallotment, is more likely. As stated in the August memo, the governor's power to unallot is broad. Through unallotment, the governor effectively has the power to reduce legislative appropriations to address a state deficit that exceeds its reserves. The December 2002 Local Government Aid (LGA) and market value homestead credit (MVHC) payments would be the last distributions to cities this biennium. However, to further complicate matters, cities in the 19 counties affected by June flooding have, as of this week, received their second half LGA distribution and therefore would only have market value homestead credit outstanding and subject to cuts. In other words, the percent of cuts conceivably could be larger since the total available has been reduced by these early payments. Aid Payment Deferment In addition to the governor's power to unallot (or cut) appropriations, state law allows the governor to defer (or withhold) distributions of appropriated money. This power could be used to delay action on unallotments while the governor develops a proposal for cuts or it could be used as a short-term bridge to meet the state's cash flow needs. By delaying aid payments, the governor would have more time to make decisions on whether and how to cut aid payments. If the December aid payments are deferred until after the legislature convenes on January 7, it is possible that legislators and the incoming governor might also have a role in any final decision. The law does not place limits on how long a state payment can be deferred. Although it currently does not appear that the state will have a cash flow problem in late December, if a problem materializes, the governor could delay LGA and market value payments to address the problem. Summary The state's budget situation has not improved and due to the increasing possibility of a shortfall for the balance of this biennium, delay in the December distribution of LGA and MVHC or unallotment of a portion of these payments remains a distinct possibility. The long-term state budget outlook also looks bleak. Legislative action to address this long-term shortfall could affect city aid distributions beginning in 2003. However, action on this long-term deficit will not likely occur until late in the 2003 legislative session. 41