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HomeMy WebLinkAboutCouncil Information Memorandum 02-28-2003rp)Dummy FEBRUARY 28, 2003 Planning Commission March 5 meeting agenda.............................................................................. Page 3 Human Rights Commission March 6 meeting agenda..................................................................... Page 4 Official Meeting Calendars for March, April, and May 2003.......................................................... Page 5 Tentative list of agenda items for future City Council meetings ..................................................... Page 11 NEWSARTICLES, RELEASES, PUBLICATIONS, ETC. Sun Sailor news note announcing Representative Lynne Osterman's community meetings ......... Page 12 City news release announcing updated Moody Bond Rating for the City ..................................... Page 13 City news release announcing 2003 Youth Services Awards......................................................... Page 14 Mankato Free Press news story about the Governor's budget proposal (Plymouth mention) ...... Page 15 Metropolitan Council news release announcing beginning construction of the Medina leg of the Elm Creek interceptor........................................................................................................... Page 17 Moving Transportation Projects Forward (MOVE) lobbying group updates, submitted by CouncilmemberHewitt .................................................................................................................. Page 19 I-494 Corridor Commission 2003 Work Plan, submitted by Councilmember Hewitt .................. Page 34 Communities in Collaboration Council February 2003 update ..................................................... Page 36 News release announcing name change for Plymouth cable provider Comcast ............................ Page 58 Government Advisory Council March 4 meeting agenda.............................................................. Page 61 Wayzata Public School Board March 12 meeting agenda............................................................. Page 62 STAFFREPORTS Plymouth Fire -Rescue duty crew staffing comparisons, 2000-2002 ............................................. Page 63 CITYCOUNCIL INFORMATION MEMO Febru uy 28, 2003 Page 2 Report on Fire—Rescue incident of interest.................................................................................... Page 64 Report on on—street parking issues near high schools.................................................................... Page 65 CORRESPONDENCE Letter from Planning Manager Barb Senness to resident Bruce Johnson regarding complaints aboutCub Foods lighting............................................................................................................... Page 68 Letter to residents with notice of an application for rezoning from Lifestyle Properties, Inc. (2003004)................................................................................................................................ Page 70 Letter from Maple Grove Public Works Director Gerald Butcher with information about providing water to Plymouth in 2003............................................................................................. Page 71 Thank—you letter to Troy and Missey Schouviller for their donation of a couch to the Youth Advisory Council, to be used as a marketing tool for the board at City—sponsored events ........... Page 72 Correspondence, including code sections, to various State officials regarding the proposed amendment to rules governing building official certification........................................................ Page 73 PLANNING COMMISSION AGENDA WEDNESDAY, MARCH 5, 2003 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 Planning Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner, citizen or petitioner so requests, in which event the item will be removed from the consent agenda and considered in normal sequence on the agenda. 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES 6. CONSENT AGENDA* A. Marlyn Sjaarda. Approve a variance to allow construction of an addition to the side of the home located at 11720-38h Avenue North. The proposed addition would be set back 8.5 feet from the side property line where 15 feet is specified by the Zoning Ordinance. (2003008) 7. PUBLIC HEARINGS A. City of Plymouth. Zoning ordinance text amendment to allow two menu boards with a permitted drive-through restaurant. (2003007) B. Association Free Lutheran Bible College. Planned Unit Development (PUD) Amendment to allow grading and site work for a ball field for property located at 3120 East Medicine Lake Boulevard. (2003009) 8. NEW BUSINESS 9. ADJOURNMENT 3 AGENDA Plymouth Human Rights Commission March 6, 2003 Student Subgroup Meeting 6:00 p.m. Medicine Lake Room Regular Meeting at 7:00 p.m. Council Chambers L Call to Order 2 Approve Minutes 3. Approve Agenda 4 Recognize Norma Garlin, Past Chairperson S. Committee Reports A. Student Workshop: 1. Report on Workshop Plans 2. Discuss Date Conflict with Passover 6. Old Business A. Immigrant Handbook — Determine next steps and assign group for completion of project B. Report on WMEP Program, "You Don't Know Me Until You Know Me," attended by several commissioners 7. New Business A. New Member Profile — Venoreen Browne -Boatswain B. Discuss 2003 Work Plan and assignments C. Recommend Proclamation for "Days of Remembrance" D. Consider change in May meeting date E. Discuss Community Awareness of HRC 8. Announcements and Articles (for your information) A. The National Fair Housing Advocate report B. Vision on the Wind publication C. Letter to HRC from Diane Fournier, City of Plymouth employee D. Golden Valley HRC Agenda 9. Adjourn Upcoming Meeting Events List is attached Next Meeting: April3, 2003 OFFICIAL CITY MEETINGS March 2003 Sunday Monday Tuesday---T— uesda Wednesft Thursday Friday Saturday 1 Feb 2003 Apr 2003 S M T W T F S S M T W T F S LMC 1 1 2 3 4 5 CONFERENCE 2 3 4 5 6 7 8 6 7 8 9 10 11 12 FOR 9 10 11 12 13 14 15 13 14 15 16 17 18 19 EXPERIENCED OFFICIALS, 16 17 18 19 20 21 22 20 21 22 23 24 25 26 Doubletree Park 23 24 25 26 27 28 27 28 29 30 Place Hotel, St Louis Park 2 3 4 5 6 7 8 5:30 PM YOUTH ADVISORY COUNCIL TOWN FORUM, Plymouth Creek Center PII aAn s;� wT� Ti« Meal '' T '" :00 PM OMMIPLANNING ION SS, ouncUSChambers Ash Wednesday 700 PM HUMAN RIGHTS COMMISSION - CouncilCnamwr: 7:OOPMPARK& RECREATION OMMIADVIISSSION�PRac), 6:00 PM FIRE DEPARTMENT RECOGNITION EVENT, Tra-1. fioan Medicine Lake oom Plymouth Creek (First Day of Lent) (U1a meeting only) Center 9 10 11 12 13 14 15 :00 PM SPECIAL OUNCILS NG: DISCUSS STA E UDITOR•SREPORT 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE 6:00 PM PLYMOUTH D RELATED, POLICIES, Public Safety Training Room (EOC), Pubik Safety Training Room BOARD & COMMISSION RECEPTION, 0o PM REGULAR Plymouth Creek O ncdCIChamb li G• Center 16 17 18 19 20 21 22 7:30 PM YOUTH ADVISORY 7:00 PM PLANNING COMMISSION, 7:00 PM HOUSING & REDEVELOPMENT Medicine La ne(RAUTHORITYo Rom COUNCIL, Council Chambers Council Chambers 23 24 25 26 27 28 29 "y SM Yµ f" uSINESs couNcn N C-1—Room, 7:00 PM PLYMOUTH 100cadwe P,rkw.Y., {tn ADVISORY COMMITTEE ON :00 PM REGULAR TRANSIT (PACT) - COUNCIL Medidno Lake FETING, Counal Room hambers 30 31 7:30 PM YOUTH ADVISORY COUNCIL, Council Chambers modified on 2/27/2003 OFFICIAL CITY MEETINGS April 2003 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 7:00 PM 7:00 PM HUMAN PLANNING RIGHTS COMMISSION, COMMISSION - Council Chambers Council Chambers 6 7 8 9 10 11 12 DAYLIGHT SAVINGS COMMENCES- set docks ahead 1 hour :oo PM SPECIAL our1CIL MEETING: D1�INGOPTIIONs D POLICY FOR HANDLING DRAINAGE ONCERNS, Pudic retyTraininp Room :WPM REGULAR OUNCILMEETING, Chambers 7:00 PM EVIRONMENTAL QUALITY COMMITTEE (EQC), Plymouth Creek Center :00 PM PARK & REC ADVISORY COMMISSION (FRAC), Council Chambers PRIMAVERA PLYMOUTH FINE ARTS COUNCIL SHOW Plymouth Creek Center PRIMAVERA PLYMOUTH FINE ARTS COUNCIL SHOW Plymouth Creek Center PRIMAVERA PLYMOUTH FINE ARTS COUNCIL SHOW Plymouth Creek Center 13 14 15 16 17 18 19 7:30 PM YOUTH ADVISORY COUNCIL, Council Chambers PRIMAVERA PLYMOUTH FINE ARTS COUNCIL SHOW Plymouth Creek Center a0taga,%loN°,K,w �+�* :00 PM SPECIAL OUNCIL MEETING MMEDIA L o1.LOwl OF ° 1L1T1ONOSCUSS 1AUDIT RE T' ON 3R I�CE,TC—ncilEs"e.mw: yE INE MTS CCVEL TH . Ptymw CmA Passover begins at Sunset 8:00 AM -1:30 PM- HUMAN RIGHTS COMMISSION STUDENT WORKSHOP, Plymouth Creek Center :oo PM HousING a REDEVELOPMENT M[AUTHORITY Lae Room Good Friday 20 21 22 23 24 25 26 Easter :00 PM SPECIAL oUNCfLMEETING: DISCUSS P SSSI G BUSINESSLCOUNCIL D ASENIOR COUNCIL, PublicSaroty 'a'"i"0 Rooms :oo PM REGULAR ucl G, ncilCimimbersRoom •00 PM PLANNING Council Chambers :00 PM PLYMOUTH ADVISORY COMMITTEE ON TRANSIT (PACT) - Medicine Lake 9:00 AM -2:00 PM LAWN & GARDEN EXPO, Plymouth Creek Center 27 28 7:30 PM YOUTH ADVISORY COUNCIL, COUndI Chambers 29 1'00i EAM GN CITY EMPLOYEE CSL C rr:4sAM PLYMOUTH-MTKA BUSINESS COUNCIL, ratm Ridgedals .WPM RECONVENE EQUALIZATION Council Chambers 30 Mar 2003 May 2003 S M T W T F S S M T W T F S 1 1 2 3 2 3 4 5 6 7 8 4 5 6 7 8 9 10 9 10 11 12 13 14 15 11 12 13 14 15 16 17 16 17 18 19 20 21 22 18 19 20 21 22 23 24 23 24 25 26 27 28 29 25 26 27 28 29 30 31 30 31 modified on 2/27/2003 q OFFICIAL CITY MEETINGS May 2003 Sunday I Monday Tuesday I Wednesday Thursday Friday Saturday 1 2 3 Apr 2003 Jun 2003 S M T W T F S S M T W T F S 7:00 PM HUMAN RIGHTS 1 2 3 4 5 1 2 3 4 5 6 7 COMMISSION - 6 7 8 9 10 11 12 8 9 10 11 12 13 14 Council Chambers 13 14 15 16 17 18 19 15 16 17 18 19 20 21 20 21 22 23 24 25 26 22 23 24 25 26 27 28 27 28 29 30 29 30 4 5 6 7 8 9 10 7:00 PM 7:00 PM PARK & 10:30 AM - 4:00 PLANNING REC ADVISORY PM COMMISSION, COMMISSION PLYMOUTH Council Chambers (PRAC), Council HISTORY Chambers FEST, Parkers Lake Park 11 12 13 14 15 16 17 7:30 PM YOUTH 7:00 PM REGULAR 7:00 PM EVIRONMENTAL 30 PM -8:30 PM ENVIRONMENTAL QUALITY FAIR, 9:00 AM -330 PM PLYMOUTH ADVISORY COUNCIL QUALITY Plymouth Creek CLEAN-UP COUNCIL, MEETING, Council COMMITTEE Center DAY, Public Council Chambers Chambers (EQC), Ptymouth Creek Center 7:00 PM HOUSING b REDEVELOPMENT Ue Works Maintenence time LakeRoom M Facility 7:00 PM YOUTH SERVICE AWARDS REECEE"IIO~NN P"wulh rook CA 18 19 20 21 22 23 24 7:00 PM PLANNING COMMISSION, Council Chambers 25 26 27 28 29 30 31 MEMORIAL DAY (Observed) - City 1:45AM (A l's'N c,�,,R,�, , 7:00 PM PLYMOUTH Offices Closed 1°0Ci"`°"Pe""er �" ADVISORY COMMITTEE ON :00 PM REGULAR TRANSIT (PACT) - COUNCIL Medicine Lake MEETING, Council Chambers Room modified on 2/27/2003 March 11 March 25 Tentative Schedule for City Council Agenda Items • 2002 Unaudited Financial Report and proposed fund transfers • Oath of Office to Police Officers Amy Goodwin and Brandon Ostlie • Approve Off -Sale Intoxicating Liquor Application for PKL, Inc. d/b/a Wandering Spirits, 3439 N. Hwy. 169 • Approve tobacco license for PKL, Inc. d/b/a Wandering Spirits • Affirm goals and priorities • Adopt resolution for refunding of housing revenue bonds issued in 1995 for Parkside Apartments • Approve request for extension of site plan amendment and conditional use permit for a second mini storage building at 5525 Highway 169. Ace Mini Storage LLC. (20176) • Approve conditional use permit for a detached accessory building exceeding 1,000 square feet to allow construction of a 36 -foot by 54 -foot garage for property located at 5650 Juneau Lane North. Howard and Julie Tripp. (2002153) • Approve variance to allow a 9 -foot front yard setback where 25 feet is required for construction of a third stall garage addition and a room addition for property located at 18540-23`d Avenue North. Dean Temple. (2003005) • Approve allocation of funds for the 2003 Community Development Block Grant Program. City of Plymouth • Approve application of Plymouth Lions Club Inc. to conduct lawful gambling at Jake's Sports Cafd, 3005 Harbor Lane • Vacation of 6th Avenue North street right-of-way in Wood Pointe Estates • Approve 2003 Garbage Haulers licenses _ __ xiciviim_ ?cl Select a Town: Select a Town Local News R Local News -cam—MIJARY Education Calendar Opinion Public Safety Seniors Obituaries L� --- als Local Sports Sports News Sports Briefs Events/Scores MNSun Home Page Archive Classifieds Finance Calc Net Directory Nutrition Calc Weather Contact Us How to Adve ise Jobs At Sun rT Special Sections NET DIRECTory Forms In Memory Of Let It Be Known Sport Snots Stork Report Private Party Ad Form Search The Web Powered by. "',"5rrat LoealForecaat Click Here Wednesday, Feb. 26, 2003 Local News Rep. Osterman sets community meetings NA (Created 2120/03 8:52:33 AM) State Rep. Lynne Osterman (R -New Hope) has scheduled two "Community Priority Sessions" in conjunction with local community leaders and other elected officials from the area. The first session is set for 10 a.m. to noon Saturday, March 8, at the Plymouth City Hall, 3400 Plymouth Blvd. It will be co -hosted by Representatives Lynne Osterman and Jeff Johnson, and State Sen. David Gaither. The second meeting is set for 10 a.m. to noon on Saturday, March 22, at the New Hope City Hall, 4401 Xylon Ave. N. In addition to Osterman, members of the New Hope City Council and New Hope city staff will attend. For more information on these priority sessions, Rep. Osterman can be reached by phone at 651-296-4176. She can also be contacted via e-mail at rep.lynne.osterman@house.mn, or via U.S. Mail at 431 State Office Building, St. Paul, MN 55155. If you are interested in receiving a weekly e-mail newsletter from Rep. Osterman, visit her official House Web site at www.house.mn/45A and click on "Email Updates." This site and its contents ©2000, 2001. Sun Newspapers - Main Office: 95241290797 webinfo@mnsun.com _ Created and maintained by Quantum Digital Imeracti_ jcabo@quantumste.com f2 W!�00FROM— Get 500 Full Color Post Cards Of Your Website For Only $95 ;winctdasaea Part of the TwinCities.com Network City of Plymouth News Release For Immediate Release Feb. 24, 2003 Contact: Dale Hahn, 763-509-5301 Moody's Reaffirms the City of Plymouth's Aaa Bond Rating Moody's Investors Service recently reaffirmed the City of Plymouth's position in an elite group of local jurisdictions, which hold the highest bond rating possible. Plymouth retained its Aaa bond rating after Moody's reviewed the City's financial standing in conjunction with the issuance of bonds by the Plymouth Housing and Redevelopment Authority. Nationally, tens of thousands of jurisdictions are rated, but only about 75 have achieved a Aaa bond rating. In Minnesota, 6 cities have earned Aaa ratings. "Moody's expects the City's strong fiscal position to continue based on a history of conservative budgeting and prudent management," according to the Moody's report. "While our City's financial position is very strong, and the Moody's representative had no concerns after we presented our information, the State's financial position could have been a drag on our local rating. Fortunately, we continue to be strong enough financially that worries over state aid reductions did not affect our rating," said City Manager Dwight Johnson. In determining a bond rating, the rating service examines past and current financial status, future growth and future capital improvement plans. It also studies the community as a whole, looking at areas such as diversity of development, the average per capita income, housing values and unemployment. Organizations with a Aaa bond rating can borrow money at the lowest rates. Moody's conducted a review of Plymouth's financial situation in connection with the issuance of bonds to refinance bonds that were issued to fund Plymouth Towne Square, the City's senior apartment complex. The refinancing will save about $676,000. -30- (3 City of Plymouth News Release For Immediate Release Contact: Feb. 21, 2003 Regina Michaud, 763-509-5228 Plymouth Youth Council seeks nominations for Youth Awards If you know a young person in Plymouth who deserves special recognition for community service or volunteer work, nominate him or her for a Plymouth Youth Service Award. Nominations must be received by April 25. Awards will be presented on May 15, 7 p.m., at Plymouth Creek Center, 14800 34h Ave. N. The Youth Service Awards recognize both ongoing community service and single acts of outstanding community involvement. Five young people will be singled out for recognition — two from middle schools and three from high schools. Middle school winners will take home a prize package worth $50. Two high school winners will be awarded $250. A third will be selected to receive the Distinguished Service Award and a $500 cash prize. Call 763-509-5054 to have a nomination form and guidelines mailed to you or download a form from the City web site, www.ci.plymouth.mn.us. The Plymouth Youth Service Awards are sponsored by the City, Plymouth Youth Advisory Council, Hamel Lions, Plymouth Lions and General Mills. -30- 1'� a _--.J Jwa vJ vuu�rvr ra...t.......x..... ... .. vuaay.auu�, A %.vivaay AV, t vv✓ 1 ab'G 1 Vl J Pawlenty stands by budget proposal in visit Search the Free Governor says outstate cities ought not pick fights with suburbs Press Online By Mark Fischenich me Free Press Staff Writer MANKATO — Calling himself "the state's financial pooper scooper," Gov. Tim Pawlenty defended his no -new -taxes approach to solving the state's budget mess and the resulting cuts in many government programs during a stop Tuesday in Mankato. Representatives of the city and a program for "people with disabilities questioned the fairness of the Republican governor's budget -cutting approach to fixing the $4.2 billion hole in the state budget. But Pawlenty Click was ready for criticism and vigorously defended the budget plan he online I released a week ago. MIMI "When people know the facts of the budget, they will support us," he said at an airport press conference well attended by the media, area government officials and Republican supporters. Pawlenty cited a recent opinion poll that showed 60 percent of Minnesotans think he's on the right track with his budget cuts and just 27 percent think an increase in state taxes should be considered. The vast majority of respondents to the poll, however, expect that the cutbacks in state spending will result in property -tax increases by schools, cities and counties. The governor said he will push for a prohibition against local property tax increases next year - the first year of the two-year budget the Legislature must enact by May 19. In 2005, Pawlenty would allow cities and counties to raise property taxes as much as they see fit but would give voters a mechanism to roll back any increases approved by city councils and county boards. The first week of reaction to the Pawlenty budget has been steady and widespread as people complain about steep cuts in higher education, nursing homes, other programs for the elderly, health care for the poor and subsidies for the arts. Proposed reductions in Local Government Aid - a 30 - year -old program to help cities with relatively little property wealth to provide essential services without placing a heavy burden on local property owners - have been a focus of criticism. Mankato City Manager Pat Hentges quizzed Pawlenty about the fairness of targeting LGA - a reduction that hits outstate cities and Minneapolis -St. Paul hard but leaves suburbs relatively unscathed. Specifically, Hentges compared the cuts to Edina, which is seeing state aid reduced by about $13 r �Z"; http://www.mankatofreepress.com/archives/2003/030226/pawlenty.html 2/26/2003 per capita, to Mankato, where it's $45 per capita. Pawlenty said the wealthier suburbs aren't being hit as hard because they're not as dependent on state assistance as other cities. And he cautioned greater Minnesota about trying to pick a fight with the 11 metro counties that contribute more in net taxes than they receive in government services, essentially subsidizing poorer areas of the state. �T "You've got to be a little careful about getting into these regional wars," he said. Pawlenty said he hasn't yet heard any criticisms of his budget that would cause him to reconsider the depth of the cuts to particular programs. If additional revenue is forecast, he would likely aim it first at cuts to health and human services programs. And while he was quick to defend most of the budget decisions, he offered to do some research into why Southern Minnesota Independent Living Enterprises and Services is facing a 100 percent cut in its state funding. Don Munger, a Mankato man who is dependent on a wheelchair and ventilator, asked Pawlenty about the cuts to SMILES - which provides services allowing people like himself to live in their own apartment rather than in a much more expensive institutional setting. "I will go back and take a look at it," Pawlenty promised Munger. But Pawlenty will not reconsider the no -new -taxes pledge that was a centerpiece of his 2002 campaign for governor, suggesting that people accept that fact and start working toward solving the budget crisis. Even with the steep cuts in most government services, health-care costs and other state obligations will boost the overall size of the state budget by more than $1 billion. "We're not raising taxes," he said. "And the problem has to be solved." After the event, Hentges said he doesn't have much hope of persuading Pawlenty to reconsider the cuts that impact greater Minnesota harder than places such as Edina, Eden Prairie, Minnetonka, Plymouth and Pawlenty's home of Eagan. "No," Hentges said. "I think the people who need convincing are the legislators in greater Minnesota." LIV* AVEDA L:"K7�1 UFSM SkM & SO— The Free Press 14 h4://www.mankatofreepress.com/archives/2003/030226/pawlenty.html 2/26/2003 Metropolitan Council.. Ji FEB 2 6 2003 :. Building communities that work �' i February 24, 2003 . ,,..•Environmental Sin SEWER CONSTRUCTION WORK BEGINS ON ELM CREEK INTERCEPTOR — MEDINA LEG Metropolitan Council Environmental Services (MCES), operator of the metro -area wastewater collection and treatment system, is beginning construction on the 4 -mile Medina Leg of the Elm Creek Interceptor — a sanitary sewer pipe that will serve Medina, northwest Plymouth and southwest Maple Grove. The construction will involve a combination of tunneling and open -cut excavation to install 27- and 30 -inch gravity - flow sewer pipes (see map on reverse side). The work north of Hamel Road is scheduled for completion in 2003. The work on .and south of Hamel Road is scheduled to begin and be completed in 2004. Lametti & Sons is the general contractor for MCES. Construction activity through this spring will be focused along the 2/3 -mile stretch of County Road 101 just north of Highway 55. We will drill several vertical access shafts up to 16 feet in diameter and 65 feet deep off to the east side of County Road 101. The first shafts will be one next to Evergreen Lane and another just north of Highway 55. Then we'll drill a tunnel parallel to County Road 101 and install this segment of the new sewer pipe. Concurrent with this work, Hennepin County will begin reconstruction of this stretch of County Road 101, including cutting down the hill by up to 15 feet between the Holiday Stationstore and Highway 55. Eureka Construction Company is the general contractor for Hennepin County. Beginning this spring, MCES will begin open -cut trench excavation at the northeast end of the project (near Lawndale Avenue and Elm Road) and work to the south and west. Interspersed between the open -cut excavation are tunneled segments at the Lawndale Avenue -Elm Road intersection, the Lawndale Avenue -County Road 47 intersection, and the Vagabond Lane cul-de-sac. Sometime during the summer, there will be a short-term closure of 54th Avenue between Peony Lane and Ranier Lane. Also, traffic on Lawndale Lane south of County Road 47 will be restricted to one lane at times. Otherwise, roads will remain open on this stretch of construction. TO ENSURE YOUR SAFETY, WE ARE ASKING THAT YOU AND YOUR CHILDREN AND PETS PLEASE STAY AWAY FROM ALL CONSTRUCTION AREAS. The cost of this project is not assessed to adjacent property owners. It is spread out among all of our sewer customers in the metro area. As we complete segments of the construction, we will restore the disturbed areas. ices MCES staff are available to review this project with you and answer your questions in person or by phone. Please feel free to contact Tim O'Donnell at 651-602-1269 or Adam Winiarczyk at 651-602-4025. www.metrocouncil.org I Metro Info Line 602-1888 230 East Fifth Street - St. Paul, Minnesota 55101-1626 - (651) 602-1005 - Fax 602-1138 - TTY 291-0904 An Equal Opportunity Employer r J Metropolitan Counc' _ - _ _ I ; RA T- ELM CREEK INTERCEPTOR -- MEDINA LEG I � Project Alignment + I Legend N N Proposed Alignment W E ! I a Tunneling Locations i i 1300 0 1300 2800 Feet n PL W , , EGAN �tI J -PARK , fi i ?LLING- GREEN % I--- 7UNTRX CLUB � I G LF i ! T I .OURSE r � � ! l'OLL } CALE i OLF COURSE MAMIANARIm- NWRLIIIZFWA� February 8, 2003 Sandy Hewitt City of Plymouth 3400 Plymouth Blvd. Plymouth MN MN Dear Sandy: As the year 2003 has begun, MOVE is now underway and we'd like to update you, one of our member cities, with the latest information about the organization and its activities. The unfortunate passing of Senator Wellstone required us to postpone the pre-election event we scheduled with Lieutenant Governor candidates in early November 2002. One of those candidates, Carol Molnau, has been installed as Lieutenant Governor under Governor Tim Pawlenty and also been named to the post of Commissioner of Transportation, overseeing MaDOT and all agency matters. Doug Differt, a former Deputy Commissioner under both Len Levine and Dick Braun, has been named once again to the Deputy Commissioner position under Lt. Governor Molnau. A long-time supporter of transportation funding and road improvements, Doug is a welcome addition to the administration as it looks to providing relief for the state's transportation needs without increasing taxes or funding levels. With professional representation at the State Capitol in St. Paul, MOVE is working on behalf of the south and west areas of the metro, representing the transportation concerns of its members and local communities. We are committed to providing a continual stream of information that is relative to transportation issues in the state, region and our areas, and will be providing information to members on a weekly or semi-weekly basis beginning this first week of actual committee hearings. With the economy in distress and the new Administration vowing to provide transportation congestion relief without raising taxes, we believe it will be important to be at the table when discussions are held this session about which projects need to be funded first. Look for our weekly/semiweekly update entitled "MOVE In Motion" to arrive on Mondays either by facsimile or email. We hope you will enjoy the information and provide us with feedback as session continues through May 2003. MOVE is also proud to announce the addition of two valuable voices on its Board of Directors for 2003. We welcome former State Senator from Edina, Roy Terwilliger, now back in the private sector, and Ron Marien, former Executive Director/President of the Bloomington Chamber of Commerce and now Executive Director of the in Bloomington. The collective expertise and valuable insight of both these Board Members will be welcome in the interesting times to come. Enclosed you will find the first two editions of "MOVE In Motion" and you have been added to the distribution list to receive an update weekly. In the meantime, if you would like to take a look at the MOVE website, please log on to hqp://www.MOVEMN.org. Let us know what you think, or give us suggestions for new material—we welcome your input. Sincerel / oss Thorfmnson Jr. Executive Director PO Box 44460 • Eden Prairie, MN 55344 • Phone: (952) 819-1743 • Fax: (952) 944-0951 0 MAMMA /gym -�T In Motion News January 27, 2003 — Page 1 of 3 h Awl1w w w. Mo v eMN. c o in Welcome to In Motion News, a weekly publication during the legislative session of MOVE, designed to provide MOVE members, citizens and public officials with a timely review of legislative activities related to transportation policy and funding. The South/West Metro's transportation systems are experiencing gridlock and a significant and timely infusion of public investment is critical to ensure the continued viability of these communities. In Motion News will provide you with the information you need to be active in the transportation funding debate. MOVE will provide more detailed handouts, fact sheets and analysis throughout the session for MOVE members and interested others to gain a better understanding of the transportation needs and issues affecting our areas. Contact us if you have a question, concern or need some additional information about what's going on at the Capitol or in your community that relates to transportation issues. You can reach us by email at info(@movemn.org, or by phone at (612) 819-1743. House Happenings )> The House Transportation Finance Committee passed a budget reduction proposal last week that will go to the floor later this week. This proposal included refinancing $130M of general fund appropriations with trunk highway bonds, tapping. the existing State Airport Fund for $15M, selling the state jet. ($750,000) and canceling $2.1M in Transitways Appropriations. Under this proposal, Metro Transit's operations will be cut by $2.6M and the Public Safety department would have its budget reduced by $1.5M. ➢ Budget Cutting Implications — MN/DOT was directed by the House to cut $11M from its operating budget. The cuts were directed at technology improvements, engineering, and support services. State road operations will be reduced and the Highway Helper program eliminated. Public Safety indicated that the cuts could seriously impact the processing of drivers licenses & testing. Bottleneck & Inter- regional Corridor projects would not be delayed by the Governor's proposal to bond for projects rather than pay for them with the use of existing agency cash reserves.. Metro Transit would limit bus service cutbacks by focusing on administrative cuts, hiring freezes and shifting capital dollars to operating. There would be some route restructuring but not total route elimination for the short term (through June 2003). Senate Snippets ➢ Senator Dean Johnson introduced the Senate Transportation package presented last year that included a 6 cent gas tax increase, '/� cent metro area sales tax referendum and gas tax indexing to retire trunk highway bonds. This proposal would generate an additional $500M annually for transportation projects throughout Minnesota. Senator Keith Langseth introduced a bonding bill containing items vetoed by Governor Ventura last year, including about $47M of transportation related items: $20M - Local Road Improvement Program, $10M - Ports, $2M — Greater Minnesota buses and facilities & $13M — Statewide Radio System. 1001 ➢ Senate passed its budget reduction package, which included the conversion of $130M of general fund appropriations with trunk highway bonds, reducing State Airport Fund by $15M and the sale of the state jet ($750,000). Senate did not identify specific MN/DOT budget items to cut to pay the bond debt service allowing the Commissioner to make those management decisions. MNDOT Machinations ❖ Staff indicated that all but $25M of one-time general fund appropriations provided in 2000 was committed to contracts and that there would be no delay in projects under contract as a result of bond refinancing. A few area projects on that list are: Wacouta Bridge reconstruction, additional lane on I-494 between TH 100 & TH 212, Anderson Lake Interchange/TH 169 and I-94 Weaver lake Road reconstruction. ❖ MN/DOT's biggest challenge will be to find funds to retire refinancing trunk highway bonds as it will require approximately $27M over next two year period to pay off those bonds. ❖ MN/DOT reviewed a Construction Cost Escalation Drivers handout for legislators this week. The material highlighted a number of factors affecting the rising cost of projects including items such as environmental mitigation, right-of-way acquisition, project design, utility & railroad agreements, traffic management and municipal agreements. It was also noted that the lack of funding has delayed or required staging projects thus adding inflationary costs. Administration Announcements ❖ House members introduced the backbone of Governor Pawlenty's transportation package, a 4 -year, $1 Billion Trunk Highway bond plan focused on Bottlenecks and Inter -Regional Corridors. The initial plan would spend $250M a year with approximately $10M a year committed to Transit Improvements on trunk highways including items like park & rides, shoulder strengthening and by- passes. No funding source has been identified to pay for the bonds. ❖ Administration representatives reacted negatively to the Senate funding proposal, instead restating their position not to increase any taxes. MOVE Memo Bond repayment rule of thumb - It requires approximately 10% of bond total on average annually to retire state bonds and the net additional cost is approximately 50%. For example, the Governor's proposal to sell $1 Billion in trunk highway bonds will require about $100M annually to retire the bonds with a total, finalized cost of approximately $1.5 Billion MOVE MESSAGE The state's. short and long-term budget deficit will hinder efforts to enhance the region's transportation infrastructure. An analysis of a variety of studies and re ports indicates that in order to just fund existing systems, add some capacity and hold congestion at current levels, the transportation systems investment in the Metro area must increase substantially, with estimates ranging form $500M to $700M a year for 10 years. Since this is unlikely to happen, organizations like MOVE are critical if transportation investments are to become a priority political issue. An exit poll after November's election indicated that only 4% of voters statewide considered transportation the most important issue in the election. This voter percentage block will have to increase significantly before elected officials will get the message to act decisively on this issue. The first week of the legislative session rekindled discussions regarding various funding proposals and approaches that will address the growing congestion problem of the region. There seems to be little concensus or a desire to tackle this issue seriously. The divergent proposals from the House & Senate, the Governor's commitment to no tax increases and the inability of the transportation community to provide a unified front does not bode well. MOVE intends, with your assistance, to engage area legislators and administration officials in discussions about the need to invest in this area's transportation systems. Should funding be made available we plan to be at the table ensuring that funds are provided to projects that enhance mobility in the SOUTHWEST Metro Area. transportation Facts --Believe it or Notl 1 ➢ The reconstruction of I-494 between 34th Avenue and Highway 100 is currently scheduled for sometime after 2013 and the cost for this segment alone is estimated at $1 billion. i The average Twin Cities driver wastes over 54 hours per year in traffic jams at an estimated annual cost of $1000. ➢ Currently, buses on I -35W carry the equivalent of one lane and a half of traffic during peak periods. Rural roads account for only 30% of all traffic accidents, but over 70% of all highway deaths. CAPITOL CHATTER The Pawlenty Administration continues to hire/appoint House legislators and staff to positions within the administration, which is creating a large amount of turmoil within the House. A number of key administrative staff positions remain open. Committee Chairs appear to change daily. The jockeying for positions on committees or as chair, unfilled staff spots and new staffing seems to have committees getting off to a slow start. Special elections will dominate the political noise in St.Paul for the next month. * Legislators, particularly the new ones, got a bitter taste of the budget mess they were dropped into during the first round of budget cuts. Farmers were out in full force on behalf of ethanol. Transportation supporters were forced to take funds out of the State Airports Fund reserves even though special taxes and fees on airplanes and airport property fund that item. Policy discussions regarding micro -management or administration flexibility took back seat to budget cuts. * The House Transportation Policy Committee that has a lot of new faces and freshmen on it began to wade into the transportation -funding maze with lots of questions and puzzled looks. MN/DOT, transportation advocates & house staff will have their work cut out for them trying to get them up to speed on the basics and intricacies of the funding system and then someone will have to explain the politics. Early session targets appear to be the County State Aid system, mix of funding for transit and the traditional Metro carries Greater Minnesota theory. * A sign of the times-- over 20 bills have been introduced to fund specific transportation projects. One theory is that this will help develop awareness of the need for transportation funding. The more cynical perspective is that it's a great cover your political backside approach. You can always go home and tell the constituents that you introduced a bill but couldn't get it funded. 2Z r � In Motion News .T February 3, 2003 — Page I of 4 Com In Motion News is a weekly publication delivered by MOVE during the legislative session designed to provide MOVE members, citizens and public officials with a timely review of legislative activities related to transportation policy and funding. The South/West Metro's transportation systems are experiencing gridlock and a significant and timely infusion of public investment is critical to ensure the continued viability of these communities. Call us at (612) 819-1743 or email us ati�t;Ti��r;:�� ���?=;?.cap:: for more information. House Happenings New Report focuses on Municipal Street funding concerns: Legislators reviewed a report conducted by the Minnesota Transportation Policy Institute that focused on the funding of city streets. There are approximately 19,000 miles of city streets statewide, of which only 2,800 (15%) receive funding from the state's highway fund. The remaining miles are supported primarily by local property taxes and street assessments. State funds for City Roads not keeping up: Minnesota cities received 9% of the state funds dedicated to highways and bridges, or about $100 million annually, while they spend approximately $250 million per year for road maintenance, construction and reconstruction projects. The jas tax and vehicle license plate revenues primarily support the state's road and bridge projects fund. Increase in Local Road Traffic: Vehicle miles traveled statewide have increased 18% from the years between 1995 and 2000, while city/state aid streets have seen about a 30% increase. The report by the Transportation Policy Institute attributes this increase to motorists using local roads to avoid clogged state arteries, particularly in congested portions of the Twin Cities and other metro areas. Senate Snippets Consultant Contracting Procedures Scrutinized: Both the Senate and House Transportation Committees reviewed Mn/DOT contracting processes with senior department officials and representatives of the Department of Administration. The hearings were done in response to findings presented in several newspaper articles published in the Star Tribune over the past several weeks. While the Department of Administration has overall responsibility for "signing off' on contracts with consultants, officials from both MnDOT and Admin indicated that the existing contracting laws are often cumbersome and time-consuming, leading to inefficiencies and higher costs on projects that require a speedier timeline. Not just LRT: The Star Tribune and Pioneer Press newspaper articles tended to focus on the Hiawatha Light Rail Transit project, which was under a very tight time schedule and budget. However, both papers noted that similar contracting problems occurred during the past several years on numerous road -building and reconstruction projects as well. 23 A Fair Balance bebveen Accountability and Efficiency: A review by the Legislative Auditor found some improprieties overall but no clear violations of Minnesota laws. In testimony before both committees, he noted that contracting issues are a dilemma faced by public entities needing to balance "accountability" and "efficiency". It was also noted that in many instances, consultants begin work prior to having a contract in place and do so while accepting responsibility for costs associated with that work until the final contract has been fully executed. Afinnesota's Debt -Capacity Ability: Senate Capital Investment committee members reviewed the state's debt management practices with Finance Department staff last week and found that the state has a significant amount of debt capacity available and the current amount falls well within the management guidelines in place. This is good news for a further discussion of bonding for highway and bridge projects. Current guidelines suggest that the state's debt service level should be less than 3% of the general fund and less than 2.5% of total personal income. During the 2004-05 biennium, Finance Department officials are predicting these figures will be 2.35% and 1.65% respectively. Administration Announcements •:• The Pawlenty Administration announced that the Commissioners of Transportation and Administration, Carol Molnau and Brian Lamb, will form a joint oversight committee that is charged with reviewing past state contracting practices while at the same time establishing new internal guidelines and recommendations for changes to existing laws. Commissioners Molnau and Lamb wasted no time in beginning this process and met last week before legislative committees to outline the process they will use to review contracts between the two agencies. MNDOT Machinations ❖ Officials from both MnDOT and the Department of Administration are indicating that the new joint review/oversight committee that has been established by Governor Pawlenty will actively engage frontline staff members to ensure that the many nuances of current laws and rules are thoroughly digested and understood by all staff in both agencies. It is expected that a number of procedural modifications and legislative recommendations will be forthcoming in the next few months as a result of these actions. MO FE Memo Hmv to repay Trunk Highway Bonds? The Minnesota State Constitution requires that any bonds sold for trunk highway purposes be retired with funds from the Trunk Highway fund, thereby prohibiting the state's general fund from being used for this purpose. This leads state officials to their current predicament in order to sell highway bonds MnDOT must use existing resources that have been dedicated to funding other projects to retire the new bonds, unless revenues to MnDOT are increased. 2 2 MOVE MESSAGE A significant number of legislators from MOVE areas are serving on transportation and bonding committees this year. We will be providing you with a list of those members in the weeks to come and encourage you to engage them in discussions regarding transportation funding and infrastructure needs important to you. As we noted last week, until public support for additional investment increases measurably, the administration and legislature will not act in a significant manner to increase transportation funding in the short or long, term. The ongoing budget debate will dominate all legislative actions, including whether or not to increase funding for important state transportation facilities and regional roadway improvements. The lack of consensus on a "balanced" transportation system package, particularly one that does not increase revenues for transportation purposes, will stymie most efforts to increase funding this session. The lack of a workable solution means it is even more important to engage policymakers in a discussion of specific regional transportation concerns and to make them personal. MOVE plans to assist you in making your case to your representatives. The following notes regarding the gas tax should be enlightening and tend to be part of "transportation insider jargon". Transportation Facts Believe it or Notl l ALL ABOUT MINNESOTA'S GAS TAXES Y All proceeds from the gas tax in Minnesota are dedicated only to roads and bridges that are part of the state aid highway system. Under state law, taxes on gasoline can only be levied on a statewide basis and used to pay for "state projects". > The current 20 -cent gas tax has not been increased since 1988. It is now worth about 13.7 cents in buying power (a 33% decrease in value) using 1988 dollars. if one adjusted the current gas tax of 20 cents per gallon for inflation since 1988, it would now be worth 29 cents per gallon. Insiders call this "indexing". > Wisconsin has indexed its gas tax since the early 1990s and its current tax is 27 cents per gallon of gas purchased. Minnesota's gas tax revenues currently generate about $600 million per year statewide, but because of the decrease in "buying power" due to inflation since 1988, revenues are only purchasing about $400 million per year of goods and services for Minnesota's roads and bridges. r A 10 -cent gas tax increase across statewide Minnesota would cost the owner of a vehicle that travels 12,000 miles per year and averages 20 mpg approximately $60 per year in additional fees. 3 2 CAPITOL CHATTER Jim Nobles, Minnesota Legislative Auditor, commented on MnDOT's violation of contracting rules and laws by noting that "if the speed limit was 35 miles per hour, MnDOT might have been going 40 to 45 mph". Transportation followers at the Capitol are beginning to worry whether a bonding bill will get passed this year at all, particularly if MnDOT has to find the funds in-house to pay for it (see page 1). Cutting an additional 520425 million out of the MnDOT budget on an annual basis to pay for future bonding would directly impact current maintenance operations or design and engineering efforts on other projects. Folks are beginning to wonder what the spring pothole season will bring, and are hoping that the snow will stay away (too late now). MnDOT officials assured House members that they "were not hiring any consultants to staff the new contracting review committee" in an appearance before the House Transportation Committee last week. MOVE needs new members! Callus at (612) 819-1743 or email to WiAg .410 f-11.1-ce n if you know of a company or individual who would like to receive In Motion as a new member of MOVE. We are slowly growing but need your help to keep going, especially in these turbulent transportation funding times. 47,6 Sent By: ; 651 944 0951; Feb -14-03 11:49; ,eJr,,,W r „�•,a, .��..vr�w.r In Motion e1�VS February Il, 2003 — Page I of 4 )me to In Motion News, a weekly publication le MOVE members, citizens and public. officials *rtation policy and funding.. In Motion Ne"' in the transportation funding debate. Contact onal information about what"s going on at 1 sortation issues. You can reach us by email at infi Announcements Governor f`Unarlloa"— Highways and Transit short-term budget problem, Governor Pawkno construction projects, $2.6 mullion from Metro Greater Minnesota services, and also directed i airports fund was left intact after the unallotme significant impact on transit services in the met service reduction last spring. The htghway fern from the 1000 General Fund appropriation lha use Happenings ➢ County Road System Reviewed —A complex at the Capitol last week, the essence of whicl system receives approximately 291/9 of all f% Distribution Fund. What is the Highway U comprised primarily of gas tax revenue, keens motor vehicles. About 90% of the CSAH roac Greater Minnesota. About 24% of all lane mil traveled each year in Minnesota occurs on cc State Aid Highways (CSAH) systems receive remaining 41% coming from local property to revenue could result in significant problems I local property taxes are increased to cover shor Y County Road System Maintenances Study - report conducted by Minnesota county enginee per year will be needed to maintain and repl year replacement cycle. The report used wel ensure that roadways last a minimum of 50 y underlying principles that were used, but were Page 12/15 hsW.-1Avww.MoveMN. com uring the legislative session of MOVE, designed to vith a timely review of legislative activities related to ill provide you with the information you need to be us if you have a question, concern or need some to Capitol or in your community that relates to ,ac movemn.org, or by phone at (612) 819-1743. ase S23 Million — As part of the balancing of the last week cut $20 million from state and local road Vansil and the Metropolitan Council, $200, 000 for fnDOT to sell Its state jet. It appears that the state !t. The funding reductions will have the most o area, which experienced a previous finding and s that were "captured" were those funds remaining were not under contract at this time. resentation on how county roads are funded occurred stated that the County State Aid Highway (CSAH) ds that are allocated from the Highway User Tax :r Tax Distribution Fund? This is a fund that is tab fees and at present a portion of the sales tax on funded with Highway User Tax Funds are located in arc county roads and about 24% of all vehicle miles my roads. A recent analysis indicates that County X90% of their funding from state -aid revenue, with a Reading between the lines, reductions in state aid nth Oreater Minnesota rural county roadways unless kisdxg Syssem "SigniJleanOy Underfunded" — A indicates that an additional $195 million statewide x the county road systems tbat now exist on a 50 - accepted engineering principles that are designed to rs. Legislators had a difficult time challenging the lummoxed" as to what it would require to maintain 2I Sent By: ; 651 944 0951; Feb -14-03 11:50; •M Page 13115 the existing system on an annual basis. The formula, it would necessitate a 25 -cent gas The existing County State Aid road systo area, it was estimated to be an additional state aid roads. ` > MuDOT Consultant Usage Review ContiM information regarding their use of consultants sources, putting them near the bottom of the li nationwide. Data provided to the legislators ii road construction budget during the last three about $550 million for "bottlenecks": corridor the use of outside consultants and contractors ti senate Snippets Y LRT On -Time and On -Budget — MnDOT e of the Hiawatha LRT line and indicated that initial segment beginning operation in April construction costs and funding, and the staff that the federal government was providing a provided about $100 million toward the Hii County and the Metropolitan Airports Comn million balance. D Operating Funds Sketchy — Legislators e for operating the Hiawatha light rail syst provide the initial support for the system, continued operation of the system.. The U cost between $12 and $15 million per y 30% of the total operational costs. T Machinations 0 Department Restructuring Anna indicated at a meeting of tramp organizational restructuring will be t more managerial authority to the dist administration offices in St. Paul. Minnesota, including the Metro Di District Engineer. inters reported that under the existing state funding increase to fond the shortfall for preservation of In the south and western counties of the metro million per year in replacement costs for county i — Senior MnDOT staff members provided additional and noted that 160/9 of their work is done by outside L as compared to other Departments of Transportation Heated that the significant increase (60'/0) in the state, years (primarily due to the one time appropriation of and other projects in Minnesota in 2001) necessitated move projects forward and off MnDOT's "shelf'. Metro Transit staff members provided an overview y plan to meet budget and timeline goals with the 4. Members asked a series of questions related to vided a breakdown of funding contributions, noting t SO% of the 5675 million project. The State has ho project, and other entities, including Hennepin ion, have provided the bulk of the remaining $200 esscd concern over the lack of a fully -developed plan Staff. members reiterated that federal dollars will I that a long-term solution would be need to ensure is expected to carry about 19,000 riders daily and to operate, with fares expected to generate about ,cement Planned — Commissioner Carol Molnau ration advocates that the first round of MnDOT ,tiled later this week. The initial focus will be to shift t engineers around the state, and away from the central MnDOT is divided into eight (8) districts around ict, which has four (4) sub -districts reporting to its 2 Sent By: ; 651 944 0951; Feb -14-03 11:50; Page 14115 It. VE MESSAGE illative Breakfast Sets Session Tone on Transpi ed by the Minnesota Chamber of Commerce was it Molnau, Senator Dean Johnson, Chair of the Se it of the House Transportation Comntittee, were 0 is speakers clearly indicated that transportation iren, despite the desire to do something. The b ng legislators and regional and philosophical divii will be needed to maintain the existing systems me AVE MEMBER CALL TO ACT OM well -know that the rebuilding of just I494 w -ovement need on 1-35W. Crosstown, 169 and IOC issed by the Administration to fix up "Mknesota needs, let alone the rest of the State of Minnesot ,ated and active public that believes transportatio ration, legislators and governors will not respon d in the last election listed transportation as their t lines of this effort, so study up, share the infom organization to discuss transportation concerns, as 6, 1*) % _• �1 � JA Counties in Minnesota spend between $625 ' state aid road systems. '. 1,)o A ]ane of freeway traffic operating at peak D The 2001 reduction of the Vehicle Registrant and bridges in Minnesota by approxw "constitutionally -dedicated" to be used solely shortfall in the transportation fund, legislators " motor vehicles sales tax funds out of the Gent dedication ---it can be undone by any legislature ation Funding — A transportation breakfast session :ld last Friday in St. Paul, MnDOT Commissioner to Transportation Committee, and Rep. Bill Kuisle, featured speakers at this well -attended event. Each Wing will be one of this session's forgotten step- lget crisis, no new tax pledges, priority difference a well as the size of the transportation investment s progress highly doubtful. cost about $1 billion, and this does not include It would take the ENTIRE bonding proposal being Main SYmer with nothing left over for any of other MOVE has noted before that until there is a well - investments arc the MOST critical items needing adequately. Remember, only 4% of the folks who )p priority. MOVE and its members will be on the .tion we provide, invite us to visit with members of be ready to engage your legislators! it or Nota l $650 million annually to maintain the county - carries about 1800 cars per hour. Tax (license tab fees) reduced funding for roads $200 million per year. Tab fees are for highway purposes. in order to make up the led" an equal amount of dollars by transferring Fund. This "backfill" transfer is only a statutory any time. 1� Sent By: ; 851 944 0951; Feb -14-03 11:51; Page 15/15 ITOL CHATTIER atative Bill Kuisle (R -Rochester), Chair ted last week that "there is no way that transp like schools, nursing homes and health care into how new transit systems might be fur tion and operation of systems will be part of tl ktor Dean Johnson, Chair of both the Senate 7 or of the strongest transportation funding plan p the Senate is equally supportive of strcamli mitting" process that involves various agencies a streamlining and eff cieneies will not be enough -.ms, stating that new revenues will be needed. M DOT Commissioner Carol Molnau expressed t b' eving that the road system will be fixed" and r " art transit" (something that moves people "wt icipants that the legislative process is a "delibera "it acus on the state's mission will bring about positi iE END (or maybe, THE BEGINNI 1�6-yamlnd ou know someone who needs to get fair facts at o? How about a company that is struggling to m during rush hour? Know anyone who is alwa; the trip these days? MOVE InMotion News i t Minnesota transportation matters, written in la kly newsletter you'll know "all the transportation o -date with the latest transportation dcvelopmen' cooler, and find out how what happens each y4 the future of Minnesota and the southwest por the House Transportation Finance Committee. tation will be able to raise taxes and fees while other re cutting funds and services". He also provided a :d, when commenting that "local support for both funding mix". osporttation Policy and Finance Committees, is the anted so for this session. Senator Johnson indicated construction processes, noting in particular the governmental units. He again reiterated the position :he state is serious about improving its transportation opinion that raising the gas tax "fools the public into .rated the Administration's position that it supports a they want to go"). She also reminded program e one" and not really designed for efficiency but that results in the end". ut transportation issues in the southwest areas of the et its goods to market through our clogged freeway late gating to work because it takes over an hour to the answer. Get your latest, up-to-date, inside news nan's language. By the time you finish reading our ews that is fit to print" for this week, at least! Keep at the Capitol or around the legislature's collective r in St Paul ultimately affects you, your family, your ins of the metropolitan area. se recommend us to someone you know. Membeship in MOVE is easy and intellectually -challenging. tto www.MOVEMN.cv for more details, or call ut at (612) 819 -1743.. A �0 ti# Ef A EI{Ak:[ORTAfWN 11111II1 II IIN N I NMI II FEDERAL UPDATE February 5, 2003 Bush Unveils Administration's FY2004 Budget President Bush presented his budget recommendations for FY2004, proposing some dramatic changes with a strong focus on security and a return to serious federal budget deficits. The Administration's plan takes 60 percent of the $30 billion growth in spending for security purposes. Some agencies, including Amtrak, would see cuts while others such as transit spending would be frozen. Bush proposes further cuts in federal taxes in an effort to stimulate the economy. His proposals would add new or accelerated tax cuts totaling $1.3 trillion over 10 years. The President's plan leaves a budget deficit of $307 billion. Eclipsing the record of $290 billion established in 1992 under the first President Bush. Transportation Budget Flat The Administration's recommendations on federal transportation programs for the next five years do not provide a significant increase in funding. While the budget proposal is separate from the TEA -21 reauthorization plan, which the Administration will release later, the budget sets the aggregate investment levels that will be contained in the reauthorization plan. The President's budget starts at the lower highway investment level currently under consideration at $27.6 billion. The federal highway investment was $31.8 billion in FY2002 and under this plan, that level of investment would not be attained again until FY2007. When inflation is factored in, the loss in funding is even more dramatic. Key Transportation Investment Levels in Bush Administration FY 2004 Budget (in billion $) M1- 27 Highway Program 27.6* A 29.3��- 30.3 31.3 32.3 33.1 AIP 3.4 3.4 3.4 3.4 3.4 3.4 *Congress has not set a final FY 2003 highway investment level and is currently debating between the Senate's $31.8 billion proposal and the House $27.7 billion recommendation. The Administration is planning on keeping to the TEA -21 concept of linking federal highway investment to the Highway Trust Fund revenues. The Administration has indicated it will propose changes to TEA -21 to prevent huge swings in federal highway investment due to fluctuating user fee revenue collections and forecasts. The budget proposes to spend more in the early years of TEA -3 than the HTF is projected to collect, thus spending down the Trust Fund balance. The Administration's budget also assumes the transfer of 2.5 cents per gallon of the excise tax levied on ethanol fuels from the federal General Fund to the HTF. This transfer would generate an additional $600 million per year and will need to be approved by Congress. The budget proposal also creates a $1 billion per year program called the Highway Infrastructure Performance and Maintenance Program to target "ready -to -go" highway projects that address traffic congestion and improve infrastructure condition. Conference Committee Still Meeting on FY2003 Spending Bill The conference committee working to reconcile the differences between the House and Senate versions of the omnibus spending bill which combines the 11 remaining FY2003 federal spending bills continues to'meet. The final highway investment level will be resolved by this committee. This is an important number since it sets stage for the TEA -21 reauthorization. The Conferees are: Senate: Stevens (R -Alaska), Cochran (R -Miss), Specter )R -Pa), Domenici (R-N.M), Bond (R - Mo), McConnell (R-Ky), Bums (R -Mont.), Shelby (R -Ala.), Gregg (R-N.H.), Bennett (R -Utah), Campbell (R -Colo.), Craig (R -Idaho), Hutchinson (R -Texas), DeWine (R -Ohio) Brownback (R -Kan.), Byrd (D-W.Va), Inouye (D -Hawaii), Hollings (D-S.C.), Leahy (D- Vt.), Harkin (D -Iowa), Mikulski (D -Md.), Reid (D-Nev.), Kohl (D-Wis), Murray (D -Wash), Dorgan (D-N.D.), Feinstein (D -Calif), Durbin (D -Ill.), Johnson (D-S.D.), Landrieu (D -La). House: Young (R -Fla), Regula (R -Ohio), Rogers (R-Ky), Wolf (R-Va), Kolbe (R -Ariz), Walsh (R-N.Y.), Taylor (R-N.C.), Hobson (R -Ohio), Istook (R -Okla), Bonilla (R -Texas), Knollenberg (R -Mich), Kingston (R -Ga.), Obey (D-Wis), Murtha (D -Pa), Dicks (D - Wash), Sabo(D-Minn), Mollohan (D.W.Va.), Kaptur (D -Ohio), Visclosky (D -Ind.), Lowey (D-N.Y.), Serrano (D-N.Y.), Moran (D- Va.). Congressman Sabo (202-2254755 or martin.sabo(a,mail.house.Itov) is on the committee and should be contacted to urge support for maintaining the federal highway investment at $31.8 billion. THE MINNESOTA TRANSPORTATION ALLIANCE • 2515 Wabash Avenue, Suite LL2, Saint Paul, MN 55114 PHONE: 651/659-0804 • FAX: 651/659-9009 • E-MAIL: mdonahoe(aD-transportationalliance.com 71 In spite of the difficulties many of you had opening the attachment I sent out last week, I did hear from several of you that you like the idea of a weekly legislative briefing. We will continue to put one out each week to the best of our ability - last minute schedule changes notwithstanding. As you know, we identified the problem with our attachment and re -sent Friday Briefing 1 to everyone on Tuesday - thanks to Derek. I was remiss last week in not acknowledging our President Duane Lillehaug for this idea. Our thanks to Duane for coming up with a very good idea to keep you informed of what's happening at the legislature on an ongoing basis. As promised, here are the profiles of the Commerce Committees. House Commerce Committee 26, Members: 16 R —10 D Meets Tue, Wed & Tburs 12:30 p.m., Room 10 SOB Greg Davids, Chair (R) Preston, Ins. Agent Chris Gerlach, Vice (R) Apple Valley, Self Emp. Joe Atkins (D) Inver Grove Heights, Attorney Laura Brod (R) New Prague, Small Business r Karen. Clark (D) Minneapolis, College Instructor Jim Davnie (D) Minneapolis, Educator Dan Dorman (R) Albert Lea, Small Business Barb Goodwin (D) Columbia Heights, Planner Bob Gunther (R) Fairmont, Business Jeff Johnson (R) Plymouth, Attorney Paul Kohls (R) Victoria, Attorney Morris Lanning (R) Moorhead, Dean of Students Arlon Lindner ( R) Corcoran, Self employed - Tim Mahoney (D) St. Paul, Pipefitter Joe Mullery (D) Minneapolis, Attorney Mike, Nelson (D) Brooklyn Park, Trades Lynne Osterman R) New Hope, Communications Tom Pugh (D) South St. Paul, Attorney Tom Rukavina (D) Virginia, Legislator Tony Sertich (D) Chisholm, Legislator Dean Simpson R) New York Mills, Business Doug Stang, (R) Cold Spring, Real Estate Barb Sykora, (R) Excelsior, Legislator Ray Vandeveer, (R)Forest Lake, Real Estate Dale Walz (R) Brainerd, Police Officer Tim Wilkin R) Egan, Small Business Owner Senate Commerce & Utilities Committee 14 members: 8 D - 6 R Meets Mon & Wed 12:30 p.m., Room 112 Capitol Ellen Anderson, Chair. (D) St. Paul,Attorney Dan Sparks, Vice Chair (D) Austin, Banker Bill Belanger (R) Bloomington, Legislator David Gaither (R) Plymouth, Business Steve Kelley (D) St. Louis Park, Attorney Shiela Kiscaden (R) Rochester, Consultant Brian LeClair (R) Woodbury, Insurance Jim Metzen (D) South St. Paul, Banker Mark Ourada (R) Buffalo, Lab Tech Sandy Pappas (D) St. Paul, College Inst. I Larry Pogemiller (D) Minneapolis, Analyst Mady Reiter (R) Shoreview, Ind. Ins. Agent Dallas Sams (D) Staples, Farmer/Legislator Linda Scheid (D) Brooklyn Park, Attorney 032.1- Erik Paulsen Majority Leader District 42B February 11, 2003 Minnesota House of i Representatives COMMITTEE: CHAIR, RULES AND LEGISLATIVE ADMINISTRATION The Honorable Carol Molnau, Commissioner Minnesota Department of Transportation Transportation Building 395 John Ireland Boulevard St. Paul, MN 5S155 Dear Commissioner Molnau: We are writing you today to urge Mn/DOT to continue.its efforts to expand the I-494 corridor. The addition of a third lane in each direction between Highways 100 and 212 is essential to not only the communities along the route, but to the entire state. With 21% of all jobs and 19% of the population in the metropolitan area contained in the I- 494 Corridor, these cities are the economic engine for the entire region. As you may be aware, work started last year on this project and this coming spring, another letting is to take place on the next phase. The entire project is presently set for completion by 200S. Since this long overdue project will take more than three years to complete, any additional funding that Mn/DOT could provide to speed up the project or further enhance the I-494 corridor would help those who travel this route, as well as the region as a whole. Based upon the importance of this corridor, we want to thank you for your efforts on this project, and to encourage the department to further develop the infrastructure on I-494. Thank you again for your time and efforts. Please let any of us know if we can be of additional assistance. Respectfull Rep. Erik Paulsen Majority Leader Rep. Barb Sykor R/eo�-]Eaul Kohls Rep. Dan L oa Va 44641—� 0��- . — Rep. Peter Adolphson Rep. Alice Sea y 'I Rep. Ron Abrams House Tax Chair (?4- vu U a - W� Rep. Ron Erhardt House Transportation Chair 9158 East Staring Lane. Eden Prairie, Minnesota 55317 FAX (651) 296-3949 TTY (651) 3 Jo Hoppe Rep. Ann Lencz ski (852) 949-ee69 I494 Corridor Commission 2003 Work Plan Goal#1 Increase Property Manager Promotion of Commuter Choices • Conduct 18 commuter fairs at major office complexes • Send bi-monthly reminder/newsletter article (e.g. construction updates) to all property managers • Conduct one training meeting with property managers • Work with city's to make sure any new developments have a TDM plan • Promote designation of preferential parking for pools Goal #2: Increase Employer Promotion of Commuter Choices. • Enroll 35 employers in the Commuter Challenge • Conduct 30 commuter fairs • Conduct 3 commuter surveys and transportation management plans • Complete commuter zip code map for 12 employers • Put up commuter information board at 20 employment sites • Work with I-494 Board to provide entree to employers. • Market and assist employers in implementing TDM strategies (e.g. Van -GO, Van driver and referral incentives, tax benefits, communications to employees, GRH) • Identify and regularly update 30 Commuter Benefit Coordinators • Create employer network at a minimum of two key spots (e.g. Golden Triangle, Best Buy neighborhood) • Facilitate commuter programs meeting with major hotels along corridor • Introduce new on-line ridematching system to employers. • Collect and track timely information on employer participation in commuter programs Goal #3: Increase Employee Awareness and use of Commuter Choices • Register 450 I-494 Commuters as car or van poolers • Add 900 commuters to Ridepro database • Create 6 new VanGO vans • Put up roadside Rideshare signs at entrance to several office complexes • Track increases in employee use of carpool, vanpool, bus, telecommuting, flex -time • Collaborate on MCS "Inside Lane" monthly newsletter to employers Goal #4: Create New Marketing Materials and Incentives for the I494 Corridor Commission • Increase visibility of I-494 Corridor Commission commuter program assistance. For example, new name for outreach efforts — "494 Commuter Services" • Create brochure on employer/property manager communication strategies • Create new commuter incentive with portion of budget • Explore new van shuttle from 2-3 outlying Park -n -Ride lots to Best Buy and nearby neighbors \\SERVER\SHARE\1494 TEAM\494workplan.oldoc 1-494 Commuter Services Executive Director's Report Feb -03 Employer Outreach Territory assignments Dave (Minnetonka, Plymouth, On-goin ) Melissa (Bloomington, Edina, Richfield Kate (Eden Prairie) Employer Mtgs. Property Manager Mtgs. Commuter Fairs ADP Carlson Centennial Lakes (2X) Ceridian i Centennial Lakes Soft Brands BI Computer Assoc. Datacard Meridian Crossing Cargill Medica Clear Channel Weis Builders Galyan's Clore Automotive Josten's Meetings with Allies I(URS, VPSI, MCS) Commute Planners Completed 50+ Employer Calls 300+ employer Mailings 30+ Zip code maps 4 • Office set-up for new staff • Staff training • Move donated office furniture and computers * New VanGO Fare Worksheet * Commuter Challenge training " Ridepro training " Development of various outreach materials * Meeting with MCS (Melissa and Kate) * 2003 Workplan * Meeting with graphic design students CICC UPDATE - FEBRUARY 2003 LCTS There has been no further word from the federal government regarding the draft guidelines that were issued last November relating to Medicaid administrative claiming for schools in Minnesota. (These guidelines would present numerous issues for schools and, in all probability, discourage school participation in administrative claiming. As a result, LCTS funds would definitely be affected.) As we reported in January, the Minnesota Department of Human Services prepared a memo in response to the fed's proposed guidelines outlining Minnesota's concerns. DHS does not know what the fed's next step will be. However, if the feds adopt these new guidelines as issued in draft form, many states will vigorously challenge and litigate on a number of fronts. Parenting Forum: The 7t' annual parenting forum took place on Saturday, February 8, 2003 and, once again, went very well. Approximately 350 parents attended. Sharon MacDonald, coordinator of the "Reduce the Use" coalition in Hopkins gave a powerful and very well received keynote address entitled "Parenting with Courage". Her presentation was taped and will be broadcast on Ed's TV. Check the Wayzata School District web site (www.wayzata k12 mn us) for dates and times. The evaluations from all 20 of the workshops were extremely positive. The workshops on anger in children and anxiety in children were particularly well attended. Two ELL parents attended the workshop designed to gain feedback from the immigrant population in our community. A small number --- but the best so far! Many, many thanks to all of the CICC members who led workshops, participated in the Marketplace displays and volunteered their time to help with set-up and take-down. Parenting with Vision: "Girls: The Power of Cliques" was presented on Tuesday, January 28, and over 200 parents attended. The evaluations from this presentation were extraordinarily positive. "Surviving High School: A Guide for Parents" will be presented on Monday, March 17, 7:00 PM — 8:30 PM at Central Middle School. Alec Albee, VMS social worker, is the guest speaker. Partners in Prevention: "Parents: Please Butt In", will be held Monday, February 24, 2003, 7:00 — 9:00 PM, Plymouth Creek Center. PLEASE JOIN US! The Congregation Toolkit and the Business Toolkit are ready for launching -- both kits provide specific suggestions and resources to help faith communities and business � b z owners share the message about the role adults play in reducing underage use of drugs and alcohol. Workhouse Site Commissioners Stenglein and Koblick are helping to provide information about the status of the unoccupied women's workhouse on County Rd 6 and the potential for using this site to provide programs and services for families and teens. After School Programs The Ridgedale YMCA staff will meet soon with the administrators at West Middle School to finalize plans to implement the after school program in April. Wayzata Community Clinic Many, many thanks to the Park Nicollet Foundation for approving another year of funding for the Wayzata Community Clinic, open Wednesday afternoons from 1-5 PM, Wayzata Medical Building, Suite 206. 3� 3 Draft ALLIANCE FOR FAMILIES AND CHILDREN IN HENNEPIN COUNTY 2003 PRIORITIES FOR ACTION In fall of 2002, the Alliance for Families and Children conducted a Community Resource Mapping effort to conduct community resource mapping meetings with each local collaborative, associated school districts, Hennepin County and community representatives. This process included the following elements: • Identifying school resources for kids ages 0 -18 (e.g. compensatory education, special education, general funds, community resources) • Identifying community resources (e.g. county, public and private agencies, park and rec., police, government, faith communities, service clubs, families, businesses; services, programs, facilities; volunteers, professionals -in -training) • Identifying barriers to access and gaps in services. • Develop local strategies that weave resources together in a comprehensive, integrated approach that brings teaching and learning, school -provided services and community services together to enhance effectiveness in learning at school. These strategies and next steps are helping local communities, school districts and policy makers to improve the use of limited resources, expand availability and access, and increase the policy status of efforts that address barriers to learning and promote healthy development. The results of the Community Resource mapping project also help the Alliance, Hennepin County and other partners to identify county -wide trends and gaps and develop appropriate actions to improve the lives of children and their families. From the individual community meetings we have developed a Consolidated Report of County -Wide Trends and Service Gaps for Children in Hennepin County (attached). Although there were additional gaps identified at a local level and sometimes regionally, these are trends and gaps that exist across the entirety of Hennepin County although they may manifest themselves in different ways in different areas of the county. These gaps and trends emerged across each community that has gone through the process. Although Robbinsdale and Minneapolis will not complete their mapping until the first quarter of 2003, we are confident that will not change the consolidated gaps and trends for planning purposes. Should new data emerge, it will be incorporated at that time. 3 8 Y COUNTY -WIDE PRIORITIES County -wide trends and gaps were prioritized by representatives from local collaboratives and Alliance partners. These are proposed priorities for the Alliance and local collaboratives to address in the coming year and beyond. These issues and strategies to address them require a multi -sector response. The Alliance will be working with Hennepin county, schools, community organizations and others to work together, build a broad-based, shared ownership for solutions and resource dedication. Mental Health: Issues: • Lack of coordinated system for children's mental health services • Stigma associated with mental health • Access and barrier issues, including insurance. • Children inappropriately referred to special education as the avenue to receive services. Many of these children are capable of learning in lower- cost mainstream classroom settings if mental health needs were addressed/ • High incidence of mental health issues for children involved in truancy, out of home placement and juvenile corrections system. • Lack of programs and opportunities to develop social skills by socializing with peers and modeling positive, acceptable social behavior for children with mental health issues Strategies: • Revitalize the Leadership Action Group for Children's Health under new leadership to work on integration of the entire spectrum of children's mental health needs from early prevention and intervention to children with a mental health diagnosis. Coordinate with County -Wide Task Forces on School Readiness and School Success; Juvenile Justice Committee, Hennepin County Children, Family and Adult Services, School Districts and others to address mental health needs of children leading to truancy, homelessness, out of home placement and juvenile corrections. • Develop education message to de -stigmatize mental health issues. • Work with HMOs to bring them in as a partner to address access to limited and fragmented mental health services. • Continue to integrate mental health services, including prevention and early intervention into school settings. • Provide training and tools for school personnel and community professionals on identifying signs of mental health issues in children and youth and referring/responding appropriately. • Coordinate with other efforts also in place such as Healthy Learners. • Identify and disseminate best practices. 39 3 Access to Services: Issues: • Lack of services or access to services in many suburban areas. • Lack of knowledge of services available in local area or insufficient referral mechanisms. • County services in -take processes difficult for those without transportation access. • Barriers are created by requirements to "open a case" with the county to receive services. Strategies: • Negotiate with Hennepin County leadership to explore locating more services in satellite locations, mobile staff assignments and other creative approaches to physically providing services in suburban and outlying areas. Eliminate knowledge barrier for services currently available in suburban areas. • Continue to work with Hennepin county and school districts to facilitate more co -location and integration of services in or connected to schools. • Explore with Hennepin County more accessible intake models i.e. phone, electronic, regional centers, etc. • Work with funders and existing Minneapolis based agencies to expand services into suburban locations. • Explore better system for information referrals and ways to expand knowledge and access to system. • Identify and promote best practices Lack of Culturally Appropriate Services: Issues: • Lack of education and culturally competent skills for school, mental health and human services professionals to deal with cultural and class differences respectfully and successfully. • Lack of knowledge of culturally sensitive service models. • Lack of adequate translation services available to schools and local services to meet the needs of a growing and diverse population of new immigrants and their families. Strategies: • Provide access to training and skill development in cultural knowledge for identifying internal cultural and class bias, negotiation skills and culturally competent models and service delivery processes. • Work with Hennepin County and other entities to expand the availability of translation services to schools and local community services. • Work with local organizations that provide volunteers to engage and provide volunteer translators. • Investigate partnership with WEMAP • Identify and promote best practices. School Readiness Issues: • Lack of understanding among day care and early childhood education providers of effects of brain development for children 0 to 3 years and how to implement research learning into programs and practices. • Lack of parent understanding of effects of brain development for children 0 to 3 years and it's impact on development fo their children. • Lack of understanding among care providers of development necessary for pre -literacy skills. • Lack of coordination/integration of systems across the county (i.e. ECFE, Follow Along, Healthy Births, etc.) • Lack of home visiting services and coordination of existing services across county. • Continued high rate of teen pregnancy. Strategies: • Work with School Readiness County -Wide Task Force to address school readiness issues; specifically increasing skills training for day care and early childhood education providers and improved coordination/integration of systems across county. • Recommend that Public Health Task Force address issue of need for increased home visiting with Hennepin County Public Health, United Way, Ready for K and other funders and providers to develop appropriate strategy. Investigate participation in Universal Home Visiting Program (HUG). • Recommend Leadership Action Group for Children's Health address increased involvement of health care, doctors and churches with schools and community organizations. • Work with Hennepin County's Teen Pregnancy Prevention Initiative to coordinate county -wide efforts with local community efforts. • Identify and promote best practices q l 7 School Success Issues: • Too many students lack academic skills necessary to achieve grade level. • Lack of support services for students with behavioral problems that are not involved in special education. • Increase in "at risk° behaviors that affect academic success and attendance. • Lack of caring adults to provide mentoring and tutoring to elementary and middle school students Strategies: • Facilitate partnerships with mentoring organizations, churches, businesses, volunteer groups (including seniors) and schools to increase reading and math mentoring and tutoring. • Recommend County -Wide Task Force on School Success develop strategy to address behavioral support services for non -special education students. • Co-sponsor conference with University of Minnesota's Children, Youth and Family Consortium on effective transition from elementary to middle school. Systems and Infrastructure Issues: • Lack of coordination of service information data bases to provide comprehensive and local information to schools, providers and parents. • Inadequate or lack of transportation to help children and families access services, activities and jobs. • Lack of a centralized county -wide system to coordinate resources across communities and school districts. Strategies: • Facilitate meeting with Hennepin County, First Call for help, Libraries and other service information providers to address issue of coordination and integration of data bases. • Facilitate Transportation Summit with others working on issue to identify strategies already in place or underway and provide information on issues such as liability and insurance. • Explore with Hennepin County ways to enhance county -wide coordination of services. • Work with law enforcement through J -Net to coordinate efforts. Supporting Local Needs and Strategies Through the process of Community Resource Mapping, collaboratives and school districts have developed strategies for local action. The Alliance's role will be to support local initiatives in the following ways: • Regional Issues: facilitate regional discussions and strategy development to help collaboratives and school districts to work together on multi- community solutions. • Seek out best practices, such as the Primary Project, to address county- wide issues at the local level. • Provide flexible help to local collaboratives. Develop a flexible approach to assisting local collaboratives and their partners to identify and initiate key strategies or providing seed money to help launch local strategies. X4 3 9 4t 01 H O a • • X u 44, /r UU 47 N ~ ~ N h ~ i -a Ll tH c~d t,0., t� Gia r «~+ H O CO qu r y O C "s -te ci � C o y w b U b G U b y d GL 7! 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'A 0 10 z9E 491 00 g F i d Ll a a E 0 b o � Ste; S Y e v d d U w � N O o Ain °'bo �a S. 5a r-=*- eon V= a td d 00 U w ar •� O In C O O A w .� ea 0 0 b O 0 0 Vex a ,p til � a cd ao,ccc d U cz U � a w a d h0 w U 4`�5� Z� a� f4 how a C) y� 3� 604�. 0 ALLIANCE FOR FAMILIES AND CHILDREN IN HENNEPIN COUNTY EDUCATION STRATEGY The following strategy is designed to educate policy makers and leaders about the value of local family service and mental health collaboratives to retain the current federal reimbursement funding for local community -directed efforts. Our recent Community Resource Mapping Gaps and Trends and the resulting Priority Strategies for 2003 provide and opportunity to tell our story to policy- makers. A. Develop information package. 1. Produce Executive Summary of Gaps, Trends and Strategies from Community Resource Mapping. 2. Produce compelling, attractive information piece describing the value of collaborative efforts in Hennepin County. Feature how these services are local community responses to barriers to service; focus on prevention and intervention, and mental health, and complement and are in partnership with local schools and county efforts. 3. Produce sample letters that local collaboratives, their boards and constituents can send to elected leaders and policy makers. 4. Produce talking points for coordinators. Local collaborative members and other to use when meeting one-on-one. B. Hold meetings with key leaders: • Senate • House • State Commissioners • School Superintendents • County Commissioners Relationships of Alliance leadership and supporters will be leveraged where applicable. C. Conduct information briefing session for state senators and representatives, fiscal and policy staff from Hennepin County. Sessions will focus on identified gaps and trends and strategies for action. 2. Schedule two sessions, one for senate, and one for house. Each session to one-half hour. 15 minutes presentation, 15 minutes Q&A. 3. Invitees: i. Hennepin County senators and representatives ii. Senate Education and Education Budget Committees; Finance Committee; Health, Human Services and Education Budget Committee iii. House Education Policy and Education Finance Committees; HHS Finance and HHS Policy iv. Senate and house policy and fiscal analysts. D. Collaborative coordinators and collaborative chairs follow-up briefings with one-on-one meetings with remaining key legislators immediately following in their offices: 1. Senators: • David Gaither • David Hann • Geoff Michel • Linda Higgins 2. House: • Jeff Johnson • Stephanie Olsen • Len Biemat • Jim Davnie • Ron Latz • Steve Smith • Neva Walker E. Direct mail and media - to be implemented as needed. 1. Letters to senators and representatives from: • Local collaboratives • Mental Health Teams • Parents • Alliance Co-chairs • Program Administrators i.e. Primary Project Coordinators • MACSSA • Superintendents Association J54- 2. Op-eds • Alliance Co-chairs • Hennepin County Superintendents • Collaboratives • Parents • MACSSA • Superintendents Association j�67 Local Collaboratives Primary Source of Prevention and Systems Change for Minnesota Communities COMMUNITIES PROVIDE `SMARTER'; COST-EFFECTIVE RESPONSE FOR CHILDREN: HELPING GOVERNMENT TO DO MORE WITH LESS Community Response to the Needs of Children. As difficult decisions are made to balance the state budget it is important to preserve local community efforts that use no state funding, multiply impact by leveraging local resources and deliver significant returns to children and families. It's smarter government Background. The Minnesota Legislature established family services and children's mental health collaboratives in 1993. The purpose of the legislation was to provide services in a new way by establishing collaboration among local community leaders, parents, schools, counties, public health and mental health entities to more effectively serve children and families by focusing on prevention and addressing barriers to access in a fragmented system. Addressing these problems early yields a savings in both human potential and tax dollars spent on more costly services for day treatment, foster care and juvenile detention and incarceration. Since their inception, collaboratives have brought $150 million in federal funds into Minnesota. Collaboratives are funded through federal government reimbursement for IV -E and Medical Assistance administrative services. The money is earned by a local collaborative time study (LCTS) completed by the schools, corrections and public health agencies. The legislature incorporated the authorization for these new claims into the collaborative legislation as long as the Collaboratives had control over the spending of the dollars. These monies have been used for many new and innovative prevention and early intervention programs, as well as to provide direct services to at -risk families. The monies also have been used to create more family -friendly wrap- around services for children. FACTS YOU SHOULD KNOW: • LCTS funds are a critical source of local community funding that catch kids falling through the cracks and decrease the need for more government spending. LCTS dollars are the primary source of funds to communities for prevention and systems change. These are services that schools and counties usually don't fund. Local collaboratives, including parents, work hand in hand with schools and counties to develop new approaches for family -centered services that are accessible, flexible and meet the critical needs of children who are the least likely to succeed. Services include those that increase attendance and academic achievement, and reduce higher costs to tax payers for costly long-term effects of inadequate mental and physical health, family violence, truancy and juvenile corrections. (over) �; 6 02 VOL Collaboratives are public/private partnerships that leverage local funding and resources to accomplish collectively what individual organizations can't do on their own. Collaboratives leverage LCTS funding to generate an average of 100% match, with some communities being as high as 400% or above. Collaboratives also have tremendous added impact by bringing together schools, parents, local units of government, non-profit service providers, police, faith communities, businesses and others to collectively focus on high priority needs for children in their community. The result is additional dollars and in-kind resources to address critical issues children and families face. A primary focus of local collaboratives is improving children's mental health. A recent study shows that 70% of all children involved in detention centers have a diagnosable psychiatric disorder. Mental health is also an underlying factor in truancy and poor academic performance. Children's Mental Health Collaboratives generally focus on children with a mental health diagnosis. In Hennepin County, local Family Service Collaboratives complement this by spending as much as 50% or more of their funds on mental health or related services that range from prevention and early intervention to services for children with a mental health diagnosis. Minnesota collaboratives are the only state receiving reimbursement for Title IV E Funds (Foster Care). Changing the funding stream would jeopardize $40 to $50 million for Minnesota's children. Fifty to 60% of LCTS funds are accrued through Title IV E. The federal government has allowed this only in Minnesota because these funds go to collaboratives which decide how to spend these funds for local services that prevent future — and very costly -- out of home placements. If school districts drop out of collaboratives and are given the authority to participate in the LCTS time study on their own, they would only receive Medical Assistance administrative dollars, which is less than one-half of the money that is brought into the state for collaboratives. Minnesota would lose $20 - $25 million in federal dollars, plus the local matching funds that provide services to children. Diverting federal re -imbursement dollars to the state general fund puts future funding at risk. Missouri used to receive Title IV E. When the federal government found funds were being used for services other than preventing out -of -home placement, they sued Missouri to have the funds returned. MACSSA (Minnesota Association of County Social Service Administrators) has passed a resolution to keep LCTS intact to prevent increases in drop outs and out -of -home placement Counties and school districts who are involved in decision-making in their collaboratives are satisfied with the results and know that collaboratives add value that schools or counties cannot do alone. MACSSA has taken a stand in support of funding for local collaboratives so that early intervention programs and services to children with mental health issues continue. Losing this funding would mean more family disruption and greater numbers of children with problems functioning in their schools and community with the result being an increase in costs to counties and schools for additional services. Comcast Press Contact Rich Ruggiero 248/233-4566, 866/478-7826 (pager) Rich—Ruggiero@cable.Comcast.com PRESS RELEASE Comcast Cable Communications, Inc. www.comcast.com AT&T BROADBAND IS NOW COMCAST New Name Signals Renewed Commitment to Twin Cities Customers ST. PAUL, MN – FEB. 14, 2003 – Today marks a new beginning for cable customers in the Twin Cities and western Wisconsin, as the AT&T Broadband name officially changed to Comcast. This announcement follows the completion of Comcast's transaction with AT&T Broadband last year. "We're proud to be the Twin Cities' new cable company," said Bill Wright, Area Vice President. "At Comcast, we believe that cable is a local business that should be run locally, and that's just what we're doing. While we realize that proving our commitment to providing an outstanding customer experience will take time, Comcast has a reputation for being dedicated to treating customers with respect, and we're ready to earn our customers' trust as we work to improve customer service and finish the upgrade of our broadband networks to offer new products." Customers also are beginning to see the Comcast name on trucks and building signs and to hear it in customer service greetings, in advertisements and in other communications materials from the company. A multimedia advertising campaign featuring four -time Tour de France winner Lance Armstrong debuts today and comprises television, radio, print, and outdoor media — as well as direct customer communication. The campaign draws on Armstrong's reputation for his commitment to continual improvement, success in meeting new challenges and his perseverance, important characteristics that Comcast also shares. In the Twin Cities, Comcast is poised to complete a $250 -million broadband network upgrade in early spring. Customers in all 87 local communities served by Comcast will be able to enjoy advanced services like Comcast Digital Cable and Comcast High -Speed Internet. Because cable is a local business, Comcast is committed to a decentralized structure in which local managers make key business decisions. Comcast has established a St. Paul -based management team, led by Wright, a 20 -year industry veteran, to run Comcast's day-to-day operations. Wright recently relocated to St. Paul from Comcast's Tucson, AZ, cable system, where he led the successful completion of a broadband network upgrade, new product introductions and an increased commitment to community involvement. - more - 5S AT&T BROADBAND IS NOW COMCAST/Page 2 Since its founding in 1963 with a single cable system in Tupelo, Miss., serving just 1,000 customers, Comcast has been dedicated to providing the best possible service to its customers. In November 2002, Comcast Corporation completed its transaction with AT&T Broadband, forming the nation's leading cable and broadband communications provider, connecting more than 21.4 million customers in 41 states to what's important in their lives. "While Comcast has grown over the years, our commitment to the local communities we serve and to providing a first-class customer experience continues to be our primary focus," Wright said. About Comcast Cable Headquartered in Philadelphia, Comcast Cable is a division of Comcast Corporation, a developer, manager and operator of broadband cable networks and provider of programming content. Operating in 17 of the United States' 20 largest metropolitan areas, Comcast is one of the leading communications, media and entertainment companies in the world. Providing basic cable, digital cable and high-speed Internet services, Comcast Cable is the company to look to first for the communications products and services that connect people to what's important in their lives. The company's 55,000 employees, in six divisions, serve more than 21 million customers. Comcast Cable serves more than 330,000 customers in the Twin Cities and western Wisconsin. Comcast, whose area headquarters are located in St. Paul, employs approximately 1,300 people in the Twin Cities and western Wisconsin. St. Paul Area Profile Comcast is the company about 330,000 customers in the Twin Cities and western Wisconsin look to first for the communications products and services that connect them to what's important in their lives. Comcast now serves 87 communities in the Twin Cities and western Wisconsin. Comcast is a local company, with a St. Paul -based management team leading its 1,300 Minnesota- based employees. Comcast serves its Twin Cities and western Wisconsin customers through a 24-hour customer service call center in St. Paul, three local installation and service fulfillment centers, and four local payment centers. Executive Leadership Comcast St. Paul Area Comcast Midwest Central Region Bill Wright, Area Vice President Linda Holsinger, Regional Senior Vice President 10 River Park Plaza 29777 Telegraph Rd., Suite 4400B St. Paul, MN 55107-1219 Southfield, MI 48034 Comcast Employees (Local) 1,300 Comcast Products Basic Cable: 330,000 customers (need the Q3 2002 #) Comcast Digital Cable More than 260 channels of home entertainment Comcast High -Speed Internet Blazing fast, always -on broadband Internet access via cable modem Comcast Digital Phone* A competitive choice in local telephone service Comcast Network Communities Served: 87 Homes Passed: 636,000 Total Network Miles: 7,346 % of Network Upgrade Complete: 96.8% (100% expected by spring 2003) Total Network Upgrade Investment: $250 million Franchise Fees Paid (2001): $14.8 million Key Resources Customer Service (651) 222-3333 Advertising Sales (651) 493-5250 Employment Information (651) 493-5000 or visit www.comcast.com Media Contact Dave Nyberg (651) 493-5291, DaveNyberg@cable.comcast.com Rich Ruggiero (866) 478-7826, Rich__Ruggiero@cable.comcast.com Local Government Contact Kathi Donnelly -Cohen (651) 493-5281, Kathi_Donnelfy-Cohen@cable.comcast.com Dave Nyberg (651) 493-5291, Dave_Nyberg@cable.comcast.com Comcast -- Not available in all areas r Z .!0 Government Advisory Coun March 4, 2003 7:30 — 9:00 a.m. Robbinsdale Community Education Center (vote Location,) 4139 Regent Avenue North — Robbinsdale, Room 111 Agenda • Governor's Budget Impact a) Cities b) Schools • ESC Progress • BRAVO Award — Congratulations to Mayor Enck • Once Around the Table Next meeting: April 1, 7:30 a.m. Location to be Determined bf WAYZATA PUBLIC SCHOOLS Independent School District 284 Wayzata, Minnesota BOARD OE ED ICADON,.;s':= V ti,�o3 PROPOSED MIDGET R D I TIONS Tuesday, March 4, 2003 — 7:00 p.m. Gleason Lake Elementary — Gymnasium 310 County Road 101 North, Plymouth AGENDA 1. Call to ordp — Gregory Baufield, School Board Chair Wednesday, March 12, 2003 — 7:00 p.m. Greenwood Elementary - Gymnasium 18005 Medina Rd., Plymouth Rules of Conduct: • Tum in "Request to Address Board' Form • Come to microphone • Give name and address • Indicate if representing a group • Limit remarks to three (3) minutes until all have had opportunity to speak 6. Closing Cn_ mmsnta —Board Chair Baufield 7. Adjaum-- 9:00 p.m. OBE/1 Posted: 2/27/03 62,-- PLSMVIt FIRE -RESCUE DUTY CREW STAFFING COMPARISONS Number of Participants Shifts Fully Staffed 1500-1800 Shifts Fully Staffed (our busiest time period) For January — December 2002: 2002 2001 2000 67 65 59 76% 67% 58% 72% 54% 33% Staffing: 0600-0900 0900-1200 1200-1500 1500-1800 1800-2100 4 Firefighters 57% 86% 80% 72% 85% 3 Firefighters 41% 14% 19% 21% 12% 2 Firefighters 1% 0% 0% 0.5% 0.5% 1 Firefighter 0% 0% 0% 0% 0% No Staff 1% 0% 1% 6.5% 2.5% For January — December 2001: Staffing: 0600-0900 0900-1200 1200-1500 1500-1800 1800-2100 4 Firefighters 40% 80% 74% 54% 85% 3 Firefighters 43% 18% 22% 33% 13% 2 Firefighters 7% 1% 2% 6% 1% 1 Firefighter 1% 0.5% 1% 3% 0% No Staff 9% 0.5% 1% 4% 1% For January — December 2000: Staffing: 0600-0900 0900-1200 1200-1500 1500-1800 1800-2100 4 Firefighters 65% 49% 56% 33% 92% 3 Firefighters 24% 30% 27% 29% 7% 2 Firefighters 9% 15% 10% 23% 0% 1 Firefighter 2% 3% 3% 5% 0% No Staff 0% 3% 4% 10% 1% PLRz�°� T8 FIRE -RESCUE PLYMOUTH FIRE DEPARTMENT 3400 Plymouth Boulevard Plymouth, Minnesota 55447 763-509-5120 FIRE -RESCUE INCIDENT OF INTEREST DATE: 02/27/03 TIME: 7:28 am. ADDRESS: Dunkirk & Rockford Rds. DETAILS: The Department was dispatched to a reported personal injury accident with entrapment. First -in Duty Crew Engine 31 (Peterson, Sjaarda, Altorfer, Korsmo) established a tool staging -area and removed the driver side door utilizing HURST equipment. Second arriving Rescue 11 (Everson) assumed Command. Crews assisted with patient care until the arrival of North EMS. The victim was removed from the vehicle 8 minutes following fire department arrival. Five fire personnel responded to this incident (on -scene and stand-by). RESPONSE TIME: 6 minutes. FIRE ORIGIN/CAUSE: ESTIMATED FIRE LOSS: P.F.D. RESPONDING UNITS: Engine Companies: E-31 Ladder Companies: Support Unit: Rescue Companies: R-11 Chief Officers: Mutual Aid: ASSISTING AGENCIES: EMS: Yes Red Cross: No Salvation Army: No Public Works: No State FM: No SECTOR OFFICERS: Captain Evenson (Command) 44 DATE: February 27, 2003 TO:Dwight Johnson, City Manager FROM: 6/ Daniel L. Faulkner, P.E., Director of Public Works SUBJECT: ON -STREET PARKING ISSUES NEAR HIGH SCHOOLS At the February 11, 2003 City Council meeting a petitioned request for no parking during school hours on Trenton Lane and Saratoga Lane north of 36`h Avenue was considered and approved. One of the affected residents who had not signed the petition appeared before the City Council indicating she had an in-home business and was concerned about clients not being able to park on the street near her home. In addition, she suggested some alternatives to a total ban of parking during specific hours of the school day. After approving the petitioned request which was signed by 18 of the 22 affected residents with only one resident expressing some opposition, the City Council requested staff to research what other cities are doing to resolve the on -street parking issue. Attached is a memo to me from Traffic Engineer Carla Steve which explains what some other Metropolitan communities are doing to address this issue. The three basic options are as follows: 1. Full Parking Restriction During School Hours 2. 1-2 Hour Parking Zones, Limited Time Zone 3. Permit Parking The City of Plymouth is currently using Option 1 in select areas around our two high schools and to my knowledge, we have received very few complaints. Due to the additional administrative and enforcement efforts with the other two options, I would recommend that no change be made in how we are currently handling residential concerns with students parking in residential areas. attachment cc: Craig Gerdes �i;7 N:\pw\Engineering\GENERAL\MEMOS\DANF\2003\0n—Su=tParking2 27.doc DATE: February 26, 2003 TO: Dan Faulkner, Director of Public Works FROM: Carla Stueve, Traffic Engineer SUBJECT: ON -STREET PARKING ISSUES NEAR HIGH SCHOOLS I have gathered information from other local cities regarding how they deal with on -street parking issues, especially near high school facilities. My research has found that there are three common ways in which communities deal with this issue: full parking restrictions during school hours, limited time parking restriction zones (i.e. 1-2 hours), and parking permit programs. Following is a brief summary of each approach, examples of local communities using each program and the success or challenges of each type of restriction. Full Parking Restriction During School Hours — Signs are placed stating "No Parking School Days" with an appropriate time designation such as 8 a.m. to 2 p.m. This is currently being used by the City of Plymouth as well as Brooklyn Park and St. Paul, although St. Paul also offers other options. This restriction is the easiest to enforce and administer. It typically requires a petition signed by the majority of the neighborhood and Council action. Once the signs are installed enforcement is relatively easy since no vehicles are permitted to park on the roadway. However, it is not always widely accepted by residents, since the restriction also includes them as well as their guests. 1-2 Hour Parking Zones, Limited Time Zone — Signs stating "1- Hour Parking 8 a.m. to 2 p.m. School Days" or something similar are installed in the affected area. This is currently being used by the City of Eden Prairie and the City of St. Paul. Both require a petition signed by the majority of the property owners. The City of Eden Prairie enforces this restriction by making use of a part-time parking enforcement officer that monitors City lots used by the school, as well as the public streets, where the signs are posted. In addition, much of the enforcement takes place when residents call to complain. The City of St. Paul has reported that enforcement of the 1-2 hour zones is poor because they are enforced on a complaint basis, and the list of complaints is overwhelming by 10 a.m. Then the officers have to come back for a second time to properly enforce the restriction, which doubles the amount of time it takes to enforce. SUBJECT: ON -STREET PARKING ISSUES NEAR HIGH SCHOOLS Page 2 Parking Permits — Signs such as "No Parking 8 a.m. to 2 p.m. School Days, Except By Permit" are installed on the affected roadways. This is currently being used by the cities of. Duluth, St. Paul, St. Louis Park and White Bear Lake. Different approaches are used to administer this program. Some cities charge for the permits, anywhere from $3 to $10 per permit, and others offer the permits free of charge. Typically the permits are renewed yearly and are issued for each registered vehicle in each household. The permit is linked with the make, model, year, and license plate number of the vehicle. Also, most cities offer a limited number of visitor permits for each household. Generally, specific areas are identified for inclusion in this program such as near high schools or other major pedestrian generators. The enforcement seems to be more effective than the limited time zones, since each round the officer can issue citations on the spot. Some complaints have been reported that high school students living in the area give out visitor permits to their friends. Otherwise, comments have been mostly positive. cc: John Hagen, Assistant City Engineer C� N:\pw\Engbioming\GENERA[.\Traffic\Puking\On-StredPukmgMemo.DOC CITY OF February 21, 2003 PLYMOUTR Bruce Johnson 16045 36`h Place North Plymouth, MN 55446 SUBJECT: Cub Foods Lighting Complaint Dear Bruce: Thank you for your letter. I believe I have answered all your questions previously, but I will be happy to repeat or further clarify my earlier responses. Cub Foods is located in Plymouth's City Center. Consequently, the height of the light poles is regulated under Section 21475.17, Subd. 8 of the Plymouth Zoning Ordinance (special lighting performance standards for City Center zoning districts). This section states that lighting in City Center zoning districts is regulated by Section 21105.06 (Exterior Lighting), except for the following limitation: "The height of a freestanding luminaire shall not exceed twenty-five (25) feet or extend above the height of the principal building, whichever is less." The City Council amended this section of the ordinance at the same time that they added height limitations in other zoning districts. The City Center zoning districts were the only districts that had any pole height limitation prior to February 2001. The change made to the City Center regulations in February 2001 added the limitation that a freestanding luminaire not extend above the height of the principal building if the building is less than 25 feet in height (this differs from the general section on exterior lighting where roof line is used rather than building height). Prior to that time, the regulation stipulated only that the height not exceed 25 feet. In order to determine the maximum height allowed for freestanding luminaires on the Cub Foods site, staff referred first to the City Center standard and second to the ordinance definition of building height. The ordinance defines building height as "the vertical distance from the average of the highest and lowest point of grade for that portion of the lot covered by the building to the highest point of the roof for flat roofs...." Using this definition, staff has determined that the height of the Cub building is 24 feet, 4 1/3, inches. Staff arrived at this height by taking on-site measurements of the various building elevations from grade to the top of the roof and with those measurements, calculating the building height according the ordinance definition. 63 PLYMOUTH A Beautiful Place To Live 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 TELEPHONE (763) 509-5000 wwwxi.plymouth.mn.us Bruce Johnson Page 2 Since Cub replaced more than 50 percent of their freestanding luminaires after the ordinance changed to read as stated above, the luminaires should be in conformance with the section I cited. Therefore, the light poles should not exceed 24 feet, 4 1/3 inches in height. However, in consultation with the City Attorney, we do not intend to take any enforcement action against Cub Foods or require any corrective action. When considering potential action to enforce its regulations, the City considers all the facts and circumstances related to the matter. In this instance, we have concluded that the gain to the community versus the cost to Cub Foods is not worth pursuing as there is no practical difference between the required and actual height of the freestanding luminaires. Our City Attorney has advised us that the decision not to pursue corrective action in this matter is within the City's prosecutorial discretion. As I stated in my letter of February 6, we have also concluded that the lighting at Cub Foods meets the City's requirements for glare and no corrective action is necessary. Based upon our research into your complaint and our subsequent conclusions, we consider this matter resolved. If you have any further questions, it may be more efficient if we discuss them face-to-face. Sincerely, fl;mow 60Y\� Barbara G. Senness, AICP Planning Manager cc: Plymouth City Council Dwight Johnson Anne Hurlburt mi CITY OF February 24, 2003 PLYMOUTR Dear Resident/Land Owner: The City has recently received an application from Lifestyle Properties, Inc., under File No. 2003004, for a rezoning from FRD (Future Restricted Development) to RSF-3 (Single Family Detached) and RMF -2 (Multiple Family), a preliminary plat, and a site plan for 11 townhome units and 7 single-family units on the 8.24 -acre parcel located south of Bass Lake Road (County Road 10) and east of Trenton Lane. A map indicating the location of the area is provided below. This letter is being mailed to all landowners within 750 feet of the site in order to provide notice and information about the application — in advance of the official notice that will be sent out prior to the Planning Commission's public hearing on the matter. The City will send out another letter notifying you of the Planning Commission public hearing date, not less than ten days prior to the hearing date. The purpose of the public hearing is to allow neighboring property owners to appear in front of the Planning Commission to ask questions and make comments relating to the application. You may also submit comments in writing. All written comments will become part of the public record. If you have any questions or comments concerning this application or the review procedures, please call Marie Darling, Senior Planner, at (763) 509-5457. In addition, you may review information relating to this application at City Hall during regular office hours. Office hours at City Hall are 8:00 a.m. to 4:30 p.m. on Mondays and Wednesdays through Fridays, and 8:00 a.m. to 6:00 p.m. on Tuesdays, except holidays. Plymouth City Hall is located at 3400 Plymouth Boulevard. Sincerely, 1* z;wy-IGY7 Barbara G. Senness, AICP Planning Manager notices/2003/2003004-first-notice.doc 7a PLYMOUTH A Beautiful Place To Live 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000 www.d.plymouth.mmus Cit yof N4aple Grove 12800 Arbor Lakes Parkway, P.O. Box 1180, Maple Grove, MN 55311-6180 763-494-6000 February 14, 2003 Mr. Dan Faulkner, P.E. City Enginner City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447-1482 Subject: Maple Grove Water Availability and Price Dear Dan: This is to follow-up our conversation in which I indicated that Maple Grove has the capability of again providing Plymouth with water in 2003 much like we did in year 2001. It is our understanding that Plymouth is looking at adding a couple of wells and ground reservoirs, however, these may not be online and available for service until late in 2003 or 2004. The method of using Plymouth water meter records to determine the volume of water used by Plymouth in 2001 worked quite well. The same method would be acceptable to Maple Grove and Maple Grove would be acceptable to a rate of $.95/1000 gallons for water used by Plymouth in year 2003. As the summer season approaches, please let us know what your needs for year 2003 might be and how we may be able to assist you. Sincerely, Gerald E.utcher, P.E. Director of Public Works GEB:sra . ot to ir Ir V, 71 "Serving Today, Shaping Tomorrow" AN EQUAL OPPORTUNITY EMPLOYER ®Printed on Recycled Paper containing at least 15% postconsumer paper fibers. February 27, 2003 Troy and Missey Schouviller 995 Sunset Court Medina, MN 55340 SUBJECT: Your Support for the Plymouth Youth Advisory Council Dear Troy and Missey: On behalf of the Plymouth Youth Advisory Council, thank you very much for your donation of the "Purple Sofa" in the development of the "YAC Shack". The members of the Council are excited about using it at public events to promote the board. Community support is important to helping the Youth Advisory Council reach out to young people. We very much appreciate that you have joined with us on this endeavor. Together, we will a better world for future generations. Your donation is tax deductible, so please keep this letter for your tax records. Once again, the City Council and I send our sincere thanks for your support and your gift. 12 PLYMOUTH A Beautiful Place to Live 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000 www.ci.Plymouth.mn.us CITY OF The Honorable Jeff Johnson PLYMOUTH+ 401 State Office Building 100 Constitution Avenue St. Paul, Minnesota 55155 Dear Representative Johnson: I'm following up on the meeting that the Plymouth City Council held on February 20 with legislators representing our area. We're sorry you weren't able to attend the meeting, but wanted to bring one of the issues discussed at the meeting to your attention. One of the issues we discussed was the possible need for changes to legislation adopted in 2001, which requires the Commissioner of Administration to revise Minnesota Rules chapter 1301.1201 to establish a graduated schedule of administrative actions to discipline certified building officials. As you recommended, we will continue to participate in the rule-making process and follow through with the Commissioner as needed in order to address our concerns with the proposed rules. However, it may be necessary to introduce legislation to change some of the provisions of the law that the Department of Administration has indicated may prevent some of the changes we seek. Enclosed is a copy of a bill drafted by our City Attorney's office. The draft bill would require the oversight.committee to notify the appointing municipality at least 30 days before conducting an evaluation of a building official, and provide the municipality with an opportunity to provide written or oral comments to the committee prior to any action. The committee could not make recommendations while disciplinary proceedings are being considered by the appointing municipality. This addresses the concern that the Department of Administration has raised that data practices rules would prohibit notification of the municipality. It also addresses our concern that the process would interfere with our employee disciplinary process. The draft also contains a provision limiting application of the rules to the "designated building official", rather than to all certified building officials. Plymouth, like many other large cities, employs several certified building officials who are supervised by our "designated" building official. We propose that the rules would apply only to the chief building official, who is responsible for the actions of his or her subordinates. This would remove the state from supervision of subordinate employees. If the designated building official fails to supervise the other certified building officials, he or she could be subject to administrative actions by the state. *�3 PLYMOUTH A Beautifu(Plaa % Live 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000 G)1__*WW WW www.d.plymouth.mn.us For further background, I've enclosed the information we submitted for the public hearing on the proposed rules. We have asked Representative Steve Smith and Representative Lynn Osterman to consider introducing this bill in the House, and hope you will support it as well. We have asked Senator Gen Olson to sponsor the bill in the Senate. Please contact me if we can provide any information or assistance in this effort. My phone number is 763 509-5401 and my e-mail address is ahurlbur(a-,ci.plymouth.mn.us. Thank you! Sincerely, Anne W. Hurlburt, AICP Community Development Director enc. cc: Plymouth Legislative Delegation Mayor and City Council Dwight Johnson, City Manager Joel Jamnik, Campbell Knutson Joe Ryan, Building Official Jeanette Sobania, Personnel Manager �4- CITY OF The Honorable Ron Abrams PLYMOUTF+ 585 State Office Building 100 Constitution Avenue St. Paul, Minnesota 55155 Dear Representative Abrams: I'm following up on the meeting that the Plymouth City Council held on February 20 with legislators representing our area. We're sorry you weren't able to attend the meeting, but wanted to bring one of the issues discussed at the meeting to your attention. One of the issues we discussed was the possible need for changes to legislation adopted in 2001, which requires the Commissioner of Administration to revise Minnesota Rules chapter 1301.1201 to establish a graduated schedule of administrative actions to discipline certified building officials. As you recommended, we will continue to participate in the rule-making process and follow through with the Commissioner as needed in order to address our concerns with the proposed rules. However, it may be necessary to introduce legislation to change some of the provisions of the law that the Department of Administration has indicated may prevent some of the changes we seek. Enclosed is a copy of a bill drafted by our City Attorney's office. The draft bill would require the oversight committee to notify the appointing municipality at least 30 days before conducting an evaluation of a building official, and provide the municipality with an opportunity to provide written or oral comments to the committee prior to any action. The committee could not make recommendations while disciplinary proceedings are being considered by the appointing municipality. This addresses the concern that the Department of Administration has raised that data practices rules would prohibit notification of the municipality. It also addresses our concern that the process would interfere with our employee disciplinary process. The draft also contains a provision limiting application of the rules to the "designated building official", rather than to all certified building officials. Plymouth, like many other large cities, employs several certified building officials who are supervised by our "designated" building official. We propose that the rules would apply only to the chief building official, who is responsible for the actions of his or her subordinates. This would remove the state from supervision of subordinate employees. If the designated building official fails to supervise the other certified building officials, he or she could be subject to administrative actions by the state. qS , PLYMOUTH ABeautifulPlace?o Live 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000 ®PW. -*W ^ www.d.plymouth.mmus For further background, I've enclosed the information we submitted for the public hearing on the proposed rules. We have asked Representative Steve Smith and Representative Lynn Osterman to consider introducing this bill in the House, and hope you will support it as well. We have asked Senator Gen Olson to sponsor the bill in the Senate. Please contact me if we can provide any information or assistance in this effort. My phone number is 763 509-5401 and my e-mail address is ahurlbur ,ci.plymouth.mn.us. Thank you! Sincerely, Anne W. Hurlburt, AICP Community Development Director enc. cc: Plymouth Legislative Delegation Mayor and City Council Dwight Johnson, City Manager Joel Jamnik, Campbell Knutson Joe Ryan, Building Official Jeanette Sobania, Personnel Manager —4(3 CITY OF The Honorable Lynn Osterman PUMOUTR 431 State Office Building 100 Constitution Avenue St. Paul, Minnesota 55155 Dear Representative Osterman: I'm following up on the meeting you attended on February 20 with the Plymouth City Council and the other legislators representing our area. We appreciate your interest in the issues concerning the City of Plymouth. One of the issues we discussed was the possible need for changes to legislation adopted in 2001, which requires the Commissioner of Administration to revise Minnesota Rules chapter 1301.1201 to establish a graduated schedule of administrative actions to discipline certified building officials. As you recommended, we will continue to participate in the rule-making process and follow through with the Commissioner as needed in order to address our concerns with the proposed rules. However, it may be necessary to introduce legislation to change some of the provisions of the law that the Department of Administration has indicated may prevent some of the changes we seek. Enclosed is a copy of a bill drafted by our City Attorney's office. The draft bill would require the oversight committee to notify the appointing municipality at least 30 days before conducting an evaluation of a building official, and provide the municipality with an opportunity to provide written or oral comments to the committee prior to any action. The committee could not make recommendations while disciplinary proceedings are being considered by the appointing municipality. This addresses the concern that the Department of Administration has raised that data practices rules would prohibit notification of the municipality. It also addresses our concern that the process would interfere with our employee disciplinary process. The draft also contains a provision limiting application of the rules to the "designated building official", rather than to all certified building officials. Plymouth, like many other large cities, employs several certified building officials who are supervised by our "designated" building official. We propose that the rules would apply only to the chief building official, who is responsible for the actions of his or her subordinates. This would remove the state from supervision of subordinate employees. If the designated building official fails to supervise the other certified building officials, he or she could be subject to administrative actions by the state. -� 7 PLYMOUTH A Beautifu(Place To Live 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000 www.d.plymouth.mn.us We hope that you and Representative Steve Smith will consider introducing this bill in the House. We have asked Senator Gen Olson to sponsor the bill in the Senate. Please contact me if we can provide any information or assistance in this effort. My phone number is 763 509-5401 and my e-mail address is ahurlbureci.plymouth.mn.us. Thank you! Sincerely, Anne W. Hurlburt, AICP Community Development Director enc. cc: Plymouth Legislative Delegation Mayor and City Council Dwight Johnson, City Manager Joel Jamnik, Campbell Knutson Joe Ryan, Building Official Jeanette Sobania, Personnel Manager `■ CITY OF The Honorable Steve Smith r U ' lO"TR 545 State Office Building 100 Constitution Avenue St. Paul, Minnesota 55155 Dear Representative Smith: I'm following up on the meeting you attended on February 20 with the Plymouth City Council and the other legislators representing our area. We appreciate your interest in the issues concerning the City of Plymouth. One of the issues we discussed was the possible need for changes to legislation adopted in 2001, which requires the Commissioner of Administration to revise Minnesota. Rules chapter 1301.1201 to establish a graduated schedule of administrative actions to discipline certified building officials. As you recommended, we will continue to participate in the rule-making process and follow through with the Commissioner as needed in order to address our concerns with the proposed rules. However, it may be necessary to introduce legislation to change some of the provisions of the law that the Department of Administration has indicated may prevent some of the changes we seek. Enclosed is a copy of a bill drafted by our City Attorney's office. The draft bill would require the oversight committee to notify the appointing municipality at least 30 days before conducting an evaluation of a building official, and provide the municipality with an opportunity to provide written or oral comments to the committee prior to any action. The committee could not make recommendations while disciplinary proceedings are being considered by the appointing municipality. This addresses the concern that the Department of Administration has raised that data practices rules would prohibit notification of the municipality. It also addresses our concern that the process would interfere with our employee disciplinary process. The draft also contains a provision limiting application of the rules to the "designated building official", rather than to all certified building officials. Plymouth, like many other large cities, employs several certified building officials who are supervised by our "designated" building official. We propose that the rules would apply only to the chief building official, who is responsible for the actions of his or her subordinates. This would remove the state from supervision of subordinate employees. If the designated building official fails to supervise the other certified building officials, he or she could be subject to administrative actions by the state. 01 PLYMOUTH A Beautifu(P4za To Live 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000 www.d.plymouth.mmus We hope that you and Representative Lynn Osterman will consider introducing this bill in the House. We have asked Senator Gen Olson to sponsor the bill in the Senate. Please contact me if we can provide any information or assistance in this effort. My phone number is 763 509-5401 and my e-mail address is ahurlbur a,ci.plymouth.mn.us. Thank you! Sincerely, Anne W. Hurlburt, AICP Community Development Director enc. cc: Plymouth Legislative Delegation Mayor and City Council Dwight Johnson, City Manager Joel Jamnik, Campbell Knutson Joe Ryan, Building Official Jeanette Sobania, Personnel Manager M -O6 CITY OF The Honorable Ann Rest PLYMOUTR 205 State Capitol 100 Constitution Avenue St. Paul, Minnesota 55155 Dear Senator Rest: I'm following up on the meeting you attended on February 20 with the Plymouth City Council and the other legislators representing our area. We appreciate your interest in the issues concerning the City of Plymouth. One of the issues we discussed was the possible need for changes to legislation adopted in 2001, which requires the Commissioner of Administration to revise Minnesota Rules chapter 1301.1201 to establish a graduated schedule of administrative actions to discipline certified building officials. As you recommended, we will continue to participate in the rule-making process and follow through with the Commissioner as needed in order to address our concerns with the proposed rules. However, it may be necessary to introduce legislation to change some of the provisions of the law that the Department of Administration has indicated may prevent some of the changes we seek. Enclosed is a copy of a bill drafted by our City Attorney's office. The draft bill would require the oversight committee to notify the appointing municipality at least 30 days before conducting an evaluation of a building official, and provide the municipality with an opportunity to provide written or oral comments to the committee prior to any action. The committee could not make recommendations while disciplinary proceedings are being considered by the appointing municipality. This addresses the concern that the . Department of Administration has raised that data practices rules would prohibit notification of the municipality. It also addresses our concern that the process would interfere with our employee disciplinary process. The draft also contains a provision limiting application of the rules to the "designated building official", rather than to all certified building officials. Plymouth, like many other large cities, employs several certified building officials who are supervised by our "designated" building official. We propose that the rules would apply only to the chief building official, who is responsible for the actions of his or her subordinates. This would remove the state from supervision of subordinate employees. If the designated building official fails to supervise the other certified building officials, he or she could be subject to administrative actions by the state. PLYMOUTH A Beautiful Place To Live 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000 ®^• ��°°^^ www.d.plymouth.mmus We hope that Senator Gen Olson will consider introducing this bill in the Senate, and that you and Senator David Gaither will sign on as co-authors. We are asking Representative Steve Smith and Representative Lynn Osterman to sponsor the bill in the House. Please contact me if we can provide any information or assistance in this effort. My phone number is 763 509-5401 and my e-mail address is ahurlbur(u�ci.plymouth.mn.us. Thank you! Sincerely, a4L4t--� Anne W. Hurlburt, AICP Community Development Director enc. cc: Plymouth Legislative Delegation Mayor and City Council Dwight Johnson, City Manager Joel Jamnik, Campbell Knutson Joe Ryan, Building Official Jeanette Sobania, Personnel Manager as CITY OF The Honorable David Gaither PLYMOUTR 107 State Office Building 100 Constitution Avenue St. Paul,*Minnesota 55155-1206 :A Dear Senator Caither.� I'm following up on the meeting you attended on February 20 with the Plymouth City Council and the other legislators representing our area. We appreciate your interest in the issues concerning the City of Plymouth. One of the issues we discussed was the possible need for changes to legislation adopted in 2001, which requires the Commissioner of Administration to revise Minnesota Rules chapter 1301.1201 to establish a graduated schedule of administrative actions to discipline certified building officials. As you recommended, we will continue to participate in the rule-making process and follow through with the Commissioner as needed in order to address our concerns with the proposed rules. However, it may be necessary to introduce legislation to change some of the provisions of the law that the Department of Administration has indicated may prevent some of the changes we seek. Enclosed is a copy of a bill drafted by our City Attorney's office. The draft bill would require the oversight committee to notify the appointing municipality at least 30 days before conducting an evaluation of a building official, and provide the municipality with an opportunity to provide written or oral comments to the committee prior to any action. The committee could not make recommendations while disciplinary proceedings are being considered by the appointing municipality. This addresses the concern that the Department of Administration has raised that data practices rules would prohibit notification of the municipality. It also addresses our concern that the process would interfere with our employee disciplinary process. The draft also contains a provision limiting application of the rules to the "designated building official", rather than to all certified building officials. Plymouth, like many other large cities, employs several certified building officials who are supervised by our "designated" building official. We propose that the rules would apply only to the chief building official, who is responsible for the actions of his or her subordinates. This would remove the state from supervision of subordinate employees.. If the designated building official fails to supervise the other certified building officials, he or she could be subject to administrative actions by the state. �3 PLYMOUTH A Beauttifidp4 a To Live 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000 www.d.plymouth.mn.us We hope that Senator Gen Olson will consider introducing this bill in the Senate, and that you and Senator Ann Rest will sign on as co-authors. We are asking Representative Steve Smith and Representative Lynn Osterman to sponsor the bill in the House. Please contact me if we can provide any information or assistance in this effort. My phone number is 763 509-5401 and my e-mail address is ahurlbur(@ci.plymouth.mn.us. Thank you! Sincerely, Anne W. Hurlburt, AICP Community Development Director enc. cc: Plymouth Legislative Delegation Mayor and City Council Dwight Johnson, City Manager Joel Jamnik, Campbell Knutson Joe Ryan, Building Official Jeanette Sobania, Personnel Manager pf CITY OF The Honorable Gen Olson Kymo T[t 119 State Office Building 100 Constitution Avenue St. Paul, Minnesota 55155-1206 Dear Senator Olson: I'm following up on the meeting you attended on February 20 with the Plymouth City Council and the other legislators representing our area. We appreciate your interest in the issues concerning the City of Plymouth. One of the issues we discussed was the possible need for changes to legislation adopted in 2001, which requires the Commissioner of Administration to revise Minnesota Rules chapter 1301.1201 to establish a graduated schedule of administrative actions to discipline certified building officials. As you recommended, we will continue to participate in the rule-making process and follow through with the Commissioner as needed in order to address our concerns with the proposed rules. However, it may be necessary to introduce legislation to change some of the provisions of the law that the Department of Administration has indicated may prevent some of the changes we seek. Enclosed is a copy of a bill drafted by our City Attorney's office. The draft bill would require the oversight committee to notify the appointing municipality at least 30 days before conducting an evaluation of a building official, and provide the municipality with an opportunity to provide written or oral comments to the committee prior to any action. The committee could not make recommendations while disciplinary proceedings are being considered by the appointing municipality. This addresses the concern that the Department of Administration has raised that data practices rules would prohibit notification of the municipality. It also addresses our concern that the process would interfere with our employee disciplinary process. The draft also contains a provision limiting application of the rules to the "designated building official", rather than to all certified building officials. Plymouth, like many other large cities, employs several certified building officials who are supervised by our "designated" building official. We propose that the rules would apply only to the chief building official, who is responsible for the actions of his or her subordinates. This would remove the state from supervision of subordinate employees. If the designated building official fails to supervise the other certified building officials, he or she could be subject to administrative actions by the state. PLYMOUTH A Beautiful Place To Live 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000 ®""•"°"w www.d.plymouth.mn.us We hope that you will consider introducing this bill in the Senate, and that Senator David Gaither and Senator Ann Rest will sign on as co-authors. We are asking Representative Steve Smith and Representative Lynn Osterman to sponsor the bill in the House. Please contact me if we can provide any information or assistance in this effort. My phone number is 763 509-5401 and my e-mail address is ahurlburaa,ci.plymouth.mn.us. Thank -you! Sincerely, Anne W. Hurlburt, AICP Community Development Director enc. cc: Plymouth Legislative Delegation Mayor and City Council Dwight Johnson, City Manager Joel Jamnik, Campbell Knutson Joe Ryan, Building Official Jeanette Sobania, Personnel Manager 169 t. KEY:riekeT = old language to be removed underscored = new language to be added A bill for an act relating to the State Building Code; changing certain requirements and procedures of an oversight committee; amending Minnesota Statutes 2002, section 16B.65, subdivision 5. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2002, section 16B.65, subdivision 5, is amended to read: 16B.65 Building officials. Subd. 5. Oversight committee. (a) The commissioner shall establish a code administration oversight committee to evaluate, mediate, and recommend to the commissioner any administrative action, penalty, suspension, or revocation with respect to complaints filed with or information received by the commissioner alleging or indicating the unauthorized performance of official duties or unauthorized use of the title certified building official, or a violation of statute, rule, or order that the commissioner has issued or is empowered to enforce. The committee consists of five certified building officials, at least two of whom must be from nonmetropolitan counties. Committee members must be compensated according to section 15.059, subdivision 3. The commissioner's designee shall act as an ex -officio member of the oversight committee. The committee must notify in writing the building official and appointing municipality at least 30 days prior to conducting any evaluation or review of that official under this section and provide both the building official and the appointing municipality with an opportunity to be present and to provide written or oral comments to the committee prior to any action under this section. The committee shall not make any recommendation regarding a building official to the commissioner while disciplinary proceedings are being considered by the appointing municipality. (b) If the commissioner has a reasonable basis to believe that a person has engaged in an act or practice constituting the L unauthorized performance of official duties, the unauthorized use of the title certified building official, or a violation of a statute, rule, or order that the commissioner has issued or is empowered to enforce, the commissioner may proceed with administrative actions or penalties as described in subdivision 5a or suspension or revocation as described in subdivision 5b. Subd. 5a. Administrative action and penalties. The commissioner shall, by rule, establish a graduated schedule of administrative actions for violations of sections 16B.59 to 16B.75 and rules adopted under those sections. The schedule must be based on and reflect the culpability, frequency, and severity of the violator's actions. The commissioner may impose a penalty from the schedule on a eeEt f; eat e„ he dee building official designated under Subdivision 1 of this section for a violation of sections.16B.59 to 16B.75 and rules adopted under those sections. The penalty is in addition to any criminal penalty imposed for the same violation. Administrative monetary penalties imposed by the commissioner must be paid to the special revenue fund. Subd. 5b. Suspension; revocation. Except as otherwise provided for by law, the commissioner may, upon notice and hearing, revoke or suspend or refuse to issue or reissue a building official certification if the applicant, building official, or certification holder: (1) violates a provision of sections 16B.59 to 16B.75 or a rule adopted under those sections;' (2) engages in fraud, deceit, or misrepresentation while performing the duties of a certified building official; (3) makes a false statement in an application submitted to the commissioner or in a document required to be submitted to the commissioner; or (4) violates an order of the commissioner. Notice must be provided and the hearing conducted in accordance with the provisions of chapter 14 governing contested case proceedings. Nothing in this subdivision limits or otherwise affects the authority of a municipality to dismiss or suspend a building official at its discretion, except as otherwise provided for by law. Sec. 2. [EFFECTIVE DATE.] Section 1 is effective the day following final enactment. MOM February 3, 2003 CITY OF PLYMOUTH - Colleen Chirhart Department of Administration Building Codes and Standards Division 121 E. 7`h Place, Suite 408 St. Paul, Minnesota 55101 RE: Proposed Amendment to Rules Governing Building Official Certification, Minnesota Rules, chapter 1301.1201 Dear Ms. Chirhart: Thank you for the opportunity to present the following comments on the proposed amendment to the rules governing building official certification, Minnesota Rules chapter 1301.1201 at the. February 4, 2003 public hearing. Plymouth recognizes that the legislation adopted in 2001 specifically requires the Commissioner of Administration to "by rule, establish a graduated schedule of administrative actions for violations of sections 16B.59 to 16B.75 and rules adopted under those sections." We appreciate the Department of Administration's willingness to remove certain proposed administrative actions from the rules that have been objected to by the League of Minnesota Cities, Plymouth and other cities, as we believe many of them interfere too much with the employment relationship between the city and certified building officials. However, even after the changes already agreed to have been made, we believe additional changes still can and should be made without violating the requirements of the legislation. While the law implies that the rules should provide for penalties short of suspensions and revocations, it is not prescriptive as to how many steps must be in the graduated schedule, nor does it state that certified building officials must be subjected to graduated steps far more intrusive in the employer/employee relationship that required for other regulated professions. Plymouth is particularly concerned as we employ a number of certified building officials, and require state certification as a condition of their employment. Not only would the proposed rules impose state supervision over our employees, potentially conflicting with City personnel policies and labor agreements, but they could have severe consequences on our ability to properly enforce the building code in our community. We offer the following specific comments and recommendations for changes in the proposed rules: Subpart S Plymouth concurs with the League of Minnesota Cities (LMC) comments concerning items A (2), B(1) and B(2) and finds the changes that the Department of Administration has proposed to make ?I PLYMOUTH A Beautiful Place To Live 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000 Comments of City of Plymouth February 3, 2003 acceptable. In addition to these changes, we request that items B(3), B(4), C(1) and C(2) also be deleted. As a replacement, we recommend the addition of new item B(2) to read as follows: " The commissioner may reduce the classification of a `certified building official' to `certified building official -limited' as defined in Minnesota Rules part 1301.0200." This penalty would use existing rules as a means to reduce the scope of activities of a certified building official, as the "limited" certification restricts a building official to code administration for one- and two-family dwellings, their accessory structures, and certain exempt classes of buildings. If such a penalty was imposed upon one of our employees, we would then need to deal with how it might affect the terms of their employment. It would not, however, intrude on the employer relationship and management responsibilities of the city in the same way as would, for example, a restriction on public contact. The final change we request to Subp. 5 is that the last sentence in item (C)(6) be removed. If a certified building official has "any economic advantage gained as a result of the official's actions" we believe that it is highly likely that laws have been violated and criminal prosecution or other severe action should be taken, far beyond an administrative penalty. We have prepared a recommended revision to Subpart 5 that we respectfully request be considered. Attached are both "redlined" and "clean" versions of the text of Subpart 5 showing the proposed changes. Subpart 6 Subp. 6 provides for notification of any certified building official named in a complaint, and provides them an opportunity to meet with the committee and respond to the allegations. Complaints against a certified building official may raise issues of great concern to the official's employer (such as misconduct or incompetence.) The employer is ultimately responsible for the actions of this employee under established principles of law, and must have notice in order to fulfill that responsibility. The employer may also have information essential to proper investigation of the complaint. We recommend that the following sentence be added to the end of Subp. 6: "The committee shall also provide the employer of the certified building official an opportunity to meet with the committee to provide information and comment upon the allegations." Subpart 8 Subp. 8 provides that if the building official is designated in a municipality by its appointing authority, the commissioner shall notify the appointing authority of actions imposed upon the building official. This provides notice to the city only after actions have been imposed. It also appears to apply only to the "designated" building official, not all certified building officials. As is our concern with Subp. 6 stated above, it is important that the municipality be informed earlier in the process so that we may take appropriate action with regard to our employees. We must safeguard the city's ability to protect the public and adequately enforce the building code should an investigation be underway or an action be pending concerning one of our employees. The employer may also have information essential to proper investigation of the complaint. 2 go Comments of City of Plymouth February 3, 2003 We recommend that Subp. 8 be rewritten as follows: Subp. 8 Municipal notification. If the building official is d gnated-ift employed by a municipality by its appointingauthority, the commissioner shall notify the appointing autheFity clerk of the municipality of orders for hearing and the actions imposed upon the certified building official. As provided in the Notice of Hearing, we hereby request to be notified of the date when the Administrative Law Judge's report will become available. We also request to be notified of the date on which the agency adopts the rules and the rules are filed with the Secretary of State. If you have any questions about these comments and recommendations, please contact one of the following City of Plymouth staff members: Joe Ryan, Building Official (763 509-5431); Jeanette Sobania, Personnel Manager (763 509-5070) or Anne Hurlburt, Community Development Director (763 509-5401.) Thank you again for the opportunity to comment. Sincerely, Dwight Johnson Anne W. Hurlburt, AICP City Manager Community Development Director cc: Mayor and City Council Roger Knutson, City Attorney Tom Joachim, State Building Official 3 91 Comments of City of Plymouth February 3, 2003 Recommended Amendments to Subp. S, Redlined Version Subp. 5. Graduated schedule. Notwithstanding Minnesota Statutes, section 16B.65, subdivision 5b, one or more of the actions from one or more levels in this subpart may be imposed upon a certified building official for a failure to fulfill the duties and responsibilities of a certified building official. A. First level: (1) The commissioner may issue a letter Of r-effifflafid o the certified building official outlining substantiated I . unacceptable actions and the corrective action that is expected of the building official in the future. building,E2) The eeFtified effleial Enay be required to issue a leAeF of apelezgy B. Second level: Feeemmended by the eemmittee- (2)M The commissioner may require the certified building official to attend and successfully complete one or more appropriate training courses or programs designed to address any deficient practice identified by the committee. b + b entiad Ar Renresidential duties , BF peF93Ffflifl,-, building duties that + .& b b bpublie . (2) The commissioner may reduce the classification of a "certified building official' to "certified building official- limited'+ as defined in Minnesota Rules hart 1301.0200. C. Third level: building, D the eemmittee and may inelude remedial b and b b pr -e, -:,Fess Fess, the me Shall PFOYide the eemmittee A040; -a ARM reeemmendatien O bthe building, anre'trieted eap eit 1 t f .+L ♦' 4 t t d 1 r � � �-z:ezzssm->- —) The eemmissi )se upen a eeFtified building. b (;)LI I The commissioner may deny the certification or recertification of an applicant. (4)L21 The commissioner may suspend the certification of a certified building official as determined by the committee. (3.31 The commissioner may revoke the certification of a certified building official. (6)f41 The commissioner may impose an administrative penalty not exceeding $700 for each separate violation upon the certified building official. Thr+afne ,nt of the � It a Y the 1, •id b 4.4- l d 1 fixed r eaeh r Y separate 49lation to mateh b gained 4 q, Comments of City of Plymouth February 3, 2003 Recommended Amendments to Subp. S, Clean Version Subp. 5. Graduated schedule. Notwithstanding Minnesota Statutes, section 1613.65, subdivision 5b, one or more of the actions from one or more levels in this subpart may be imposed upon a certified building official for a failure to fulfill the duties and responsibilities of a certified building official. A. First level: (1) The commissioner may issue a letter to the certified building official outlining substantiated unacceptable actions and the corrective action that is expected of the building official in the future. B. Second level: (1) The commissioner may require the certified building official to attend and successfully complete one or more appropriate training courses or programs designed to address any deficient practice identified by the committee. (2) The commissioner may reduce the classification of a "certified building official" to "certified building official -limited" as defined in Minnesota Rules part 1301.0200. C. 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