HomeMy WebLinkAboutCouncil Information Memorandum 04-30-19990
APRIL 30.) 1999
1. COUNCIL MEETING SCHEDULE.-
NOTE:
CHEDULE.NOTE: Ward 1 Councilmember Tim Bildsoe meets with residents and receives their
comments in the Administration Library, beginning at 6:00 PM before each
Regular Council meeting.
TUESDAY, MAY 4, 7: 00 PM REGULAR COUNCIL MEETING,
Council Chambers
TUESDAY, MAY 11, 7: 00 PM BOARD OF REVIEW (RECONVENED)
Council Chambers
TUESDAY, MAY 11. IMMEDIATELY SPECIAL COUNCIL MEETING
FOLLOWING BOARD OF REVIEW Council Chambers
2. WEDNESDAY, MAY S, 7: 00 PM
3. WEDNESDAY, MAY S, 7: 00 PM
4. THURSDAY, MAY 6, 6: 00 AM
S. THURSDAY, MAY 6, 7: 00 PM
6. FRIDAY, MAY 7, 9: 30 AM -3:00 PM
CHARTER COMMISSION,
Public Safety Training Room
ENVIRONMENTAL QUALITY COMMITTEE,
Medicine Lake Room
PRAYER BREAKFAST,
Vision of Glory Church, 13200 Highway 55
HUMAN RIGHTS COMMISSION,
Medicine Lake Room Agenda is attached. (M -S)
ARBOR DAY PLANTING,
Birchview Elementary School,
425 Ranchview Lane
CITY COUNCIL INFORMATION MEMO
APRIL 30, 1999
Page 2
4k
7. MONDAY, MAY 10, 7: 00 PM
YO UTH A D VISOR Y COUNCIL,
Medicine Lake Room
8. TUESDAY, MAY 11, 11: 30 AM -1:45 PM CITY EMPLOYEE APPRECIATION LUNCH,
City Offices will be closed
9. TUESDAY, MAY I1, 5: 30 PM PLYMOUTH CREEK CENTER
GROUNDBREAKING
10. WEDNESDAY, MAY 12, 7:00 PM PLANNING COMMISSION,
Council Chambers
11. FRIDAY, MAY 14, 5:00 PM THROUGH PLYMOUTH FINE ARTS COUNCIL
SATURDAY, MAY 15, 4: 00 PM PRIAM VERA EVENT,
City Administration Building
12. SATURDAY, MAY 15, 9: 00 AM -3:30 PM PLYMOUTH CLEAN—UP DAY,
14900 23`d Avenue North
13. May, June and July calendars are attached. (M-13)
1. NEWS ARTICLES, RELEASES, PUBLICATIONS, ETC.
a) Star Tribune news story regarding the Zachary Lane Elementary School Chess
Team. Also attached is a letter from Mayor Tierney wishing the team well as it
goes on to the national tournament. (I -]q)
2. STAFF REPORTS & MINUTES
a) Letter to property owners in the Ferndale Road improvement project area, with a
schedule for construction, and staff contacts during construction. (I -2a)
b) Revised tobacco ordinance report. (1--2b)
c) Report from Public Safety on a recognition program for businesses passing
alcohol and tobacco compliance checks. (I -2c)
d) Minutes from April 24, 1999 Plymouth Human Rights Commission(I-2d)
e) Minutes from April 9, 1999 Wayzata -Plymouth Area Chemical Health
Commission. (1--2e)
CITY COUNCIL INFORMATION MEMO
• APRIL 30, 1999
Page 3
f) Letter to property owners within 500 ft. regarding interim use permit for Moen
Leuer Construction to move 70,000 cubic yards of material from the 10 acre
Leuer Farm to the adjacent Cornerstone Commons residential development. (I --2j)
3. LEGISLATIVE REPORTS
a) Association of Metropolitan Municipalities alert regarding the House Omnibus
Tax Bill. (I -3a)
b) League of Minnesota Cities action alert regarding the omnibus tax bill. (I -3b)
c) League of Minnesota Cities Friday FAX. (I -3c)
d) Association of Metropolitan Municipalities FAX News. (1--3d)
4. CORRESPONDENCE
a) Letter from Judy Hanson, Chemical Health Coordinator for Wayzata Public
Schools regarding a "mock crash" scheduled for May 11, 1 PM, on the grounds
of the Wayzata High School as a way to graphically illustrate what is involved at
a crash site and heighten awareness of the serious consequences of drinking and
driving. Plymouth Emergency personnel will be participants in this event. (I -4a)
k- -/
Plymouth Human Rights Commission
May 6, 1999
7 p.m.
1. Call to Order.
2. Approve April 14 Minutes.
3. Approve Agenda.
4. Order of the Day: Andrea Brennan, Affordable Housing
5. Reports of Committees:
A. Hate Crime/Bias Report (Mitzi)
B. Other reports.
6. Old Business.
A. Note from Park Center Human Relations Committee thanking HRC for the
student workshop.
7. New Business.
A. Discuss Revisions to Human Rights Commission Bylaws.
B. Discuss and Report to City Council on days to avoid for Public Meetings
(requested by the Plymouth City Council.)
8. Announcements and Articles.
A. Hate Crimes and Bias Incident Conference attended by Patricia Izek,
April 27.
B. www. hate. comes, USA Weekend, March 26-28.
C. Champlin School Confronts Race Issue, Star Tribune, April 6.
9. Adjourn.
Next meeting: June 3, 7 p.m.
Plymouth: A Neighborhood and Community for A#
Plymouth Human Rights Commission
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METRO 1. E6100 Published Monday, April 26, 1999
Zachary Lane Elementary captures share of chess team titles
Zachary Lane Elementary School in Plymouth, a perennial force in scholastic chess competitions, added to its
+) startrbwexorn reputation Sunday by capturing a share of two Minnesota scholastic chess team titles.
Metro
Zachary Lane was the outright winner of the statewide team competition for kindergarten through third grade.
And it was a co -champion, along with Technology and Language Campus in Robbinsdale, in the fourth -
through sixth -grade competition.
The seven -round chess championship was conducted by the Minnesota School Chess Association and was
held at Robbinsdale Cooper High School. It drew more than 400 players.
The individual winner in the K-3 competition was Erik Fagerstrom, a third -grader at Neill Elementary School
in Crystal. He was the only undefeated player among the 192 competitors.
In the fourth -through sixth -grade competition, Nate Wong of the Technology and Language Campus and
John Bartholemew of Dakota Hills Middle School in Eagan shared the state championship by each having six
wins and one draw in seven games. That section had 214 players.
— Dennis J McGrath o copyright 1,999 Star Tribune. All rights reserved.
CITY OF
PLYMOUTF+ -
April 26, 1999
Zachary Lane Elementary School Chess Club
c/o Coach Russell Erickson
4350 Zachary Lane N.
Plymouth, MN 55442-2802
Dear Tournament Participants:
On behalf of the Plymouth City Council, I wish you good luck in the National Chess
tournament,
Plymouth is proud to be the site of such a dedicated and enthusiastic school organization.
It is a pleasure to see so many outstanding young players from our community enter this
excellent competition.
Again, good luck in the competition. Please let us know the results of your efforts when
you return.
Sincerely,
Joy Tierney
Mayor
PLYMOUTH A Beautiful Place ?n Line
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (612) 509-5000
Ovl—•,...:.. www.ci.pl;•rllcut!7.nui.u:;
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April 26, 1999
CITVOF
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«Property_ID»
«Owner»
«Address»
«City», «State» «Zip»
SUBJECT: FERNDALE ROAD IMPROVEMENTS
COUNTY ROAD 6 TO TRUNK HIGHWAY 12
CITY PROJECT NO. 6007
Dear Resident:
On April 6, the Plymouth City Council awarded a contract for the reconstruction of Ferndale Road from County
Road 6 to Trunk Highway 12 to S.M. Hentges & Sons, Inc. On April 20, a preconstruction conference was held
with the contractor, City representatives, and the utility companies to coordinate the construction activity
including any necessary utility relocation. Work is scheduled to begin the week of May 3, 1999.
Construction will commence with minor clearing and grubbing of trees that will need to be removed within the
construction limits of the project. Storm sewer installation will then begin near the Trunk Highway 12 bridge
and proceed northerly. Street excavation, base preparation, curb and gutter, paving, trail construction and
restoration will follow. The scheduled completion date for the project is September 15, 1999, depending on
"normal" weather conditions.
During construction of the street and storm sewer, there will be traffic delays. The contractor intends to
reconstruct the east and west halves of the roadway independently of each other. This will allow for a single
through lane for vehicles past the construction on a limited basis as construction traffic will also be using this
lane. Depending on the extent and location of the construction activity, local traffic will be routed either north
to County Road 6 or south to Wayzata Boulevard during the construction day. While the roadway will be
signed "No Through Traffic" it will have two lanes available for local traffic at the end of each construction day.
If you have any questions, please contact either myself at 509-5520, Dan Campbell at 509-5522, or the onsite
City Inspector, Leo Pawelsky at (651) 604-4804. Also, please use extreme caution while traveling on Ferndale
Road while construction activity is underway and if you have children, please direct them to stay away from the
construction area.
Sincerely,
49�014;4,c�
Daniel L. Faulkner, P.E.
City Engineer
cc: Fred G. Moore, Director of Public Works
Ronald S. Quanbeck, Assistant City Engineer
Daniel K. Campbell, Sr. Engineering Technician
PLYMOUTH ABeautiful-PlageZoLive
3400 PLYMOUTH BOULEVARD •PLYMOUTH, MINNESOTA 55447C-
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DATE: April 26, 1999
TO: Dwight D. Johnson, City Manager
FROM: Craig C. Gerdes, Director of Public Safety
SUBJECT: REVISED TOBACCO ORDINANCE
At the April 13' Study Session, the City Council requested staff prepare revisions to
the alcohol and tobacco ordinances to include the new presumptive penalties they
decided on for the upcoming May 4' City Council Meeting.
In preparing the tobacco ordinance, staff discovered there is a State Statute on the issue.
Section 461.19 states, "A governing body shall give notice of its intention to consider
adoption or substantial amendment of any local ordinance required under section
461.12 or permitted under this section. The governing body shall take reasonable steps
to send notice by mail at least 30 days prior to the meeting to the last known address of
each licensee or person required to hold a license under section 461.12. The notice
shall state the time, place, and date of the meeting and the subject matter of the
proposed ordinance."
We have prepared the attached agenda item, but according to State Statute will need to
send a mailing to all license holders at least 30 days before the meeting where Council
will consider. We will mail copies of the agenda item and proposed ordinance to all
license holders with a cover letter this week. This does mean, however, that the
earliest the Council can.consider this issue is their June 1, 1999 meeting.
Agenda Number:
TO: Dwight D. Johnson, City Manager
FROM: Craig C. Gerdes, Director of Public Safety
SUBJECT: AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY CODE
PERTAINING TO PRESUMPTIVE PENALTIES FOR TOBACCO
VIOLATIONS
DATE: April 26, 1999 for June 1, 1999 City Council Meeting
1. ACTION REQUESTED: The City Council adopt this ordinance amending Chapter XI of
the Plymouth City Code regarding presumptive penalties for tobacco violations.
2. BACKGROUND: The City Council recently completed several first and second violation
administrative hearings resulting from the 1998 rounds of alcohol compliance checks
conducted by the police department. The City Council scheduled a discussion of the
presumptive penalties for both alcohol and tobacco for its April study session.
3. ALTERNATIVES: The alternative would be to leave the presumptive penalties as they
are.
4. DISCUSSION: The City Council discussed the issue of presumptive penalties at its April
13, 1999 study session. At that time, a new presumptive penalties grid was proposed and
staff was directed to prepare a new ordinance with this information for this Council meeting.
It was also determined the ordinance should be changed to match State Statute language to
compute second and third violations over a two year period instead of one year. The
ordinance revision was also reviewed by the City Attorney.
5. BUDGET IMPACT: There would be no significant impact on the budget to this ordinance.
6. RECOMMENDATION: Staff recommends the City Council adopt the ordinance
amending Chapter XI of the City Code regarding presumptive penalties for tobacco
violations.
City of Plymouth
Hennepin County, Minnesota
ORDINANCE NO. 99 -
AN ORDINANCE AMENDING CHAPTER XI OF THE PLYMOUTH CITY CODE
REGARDING PRESUMPTIVE PENALTIES FOR VIOLATIONS
RESULTING FROM THE SALE OF TOBACCO AND RELATED PRODUCTS
THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS:
Sec. 1. The Plymouth City Code Section 1150.10 Violations, subdivisions (b)
Administrative Civil Penalties; Individuals and (c) Administrative Civil Penalties;
Licensee are amended as follows:
(b) Administrative Civil Penalties; Individuals. Any person who sells any Tobacco Product
to a person under the age of 18 years is subject to an administrative penalty; and any
person under the age of 18 who attempts to purchase a Tobacco Product is subject to an
administrative penalty. The City Council may impose administrative penalties as
follows:
First violation. The City Council may impose a civil fine not to exceed $500.
Second violation within 4Z 24 months. The City Council may impose a civil fine
not to exceed $750.
Third violation within 43 24 months. The City Council may impose a civil fine
not to exceed $1,000.
(c) Administrative Civil Penalties; Licensee. IF a licensee or an employee of a license is
found to have sold tobacco to a person under the age of 18 years, the licensee shall be
subject to an administrative penalty as follows:
Offense
Minimum (State)
Presumptive
Penal Ci
Maximum
Ci /State
V violation
$75 and/or 0 days
sins
$500 fine and
5 -day susp
$2,000 and/or 60
da s sus
2 nd violation (within 24 mos)
$200 and/or 0 days
$750 fine and
15 -day sus p
$2,000 and/or 60-
days susp
su—s
3 violation (within 24 mos)
$250 and/or 0 days
$1,000 fine and
25 -day susp
$2,000 and/or 60
days susp
sins
4 violation (within 24 mos)
None listed
Revocation
Revocation
First violations would be handled by an administrative hearins with the Director of Public Safe
with the presumptive penalty given to license holders. License holders have the right to request a
hearing before the City Council if not in agreement with the presumptive penalty. The Director
of Public Safety also has the right to request a hearing before the Council if he/she believes there
exists substantial reason making it more appropriate to deviate from the presumptive penalty. If
the Public Safety Director and licensee agree on the presumptive penalty, these will be reported
to the City Council in a staff report.
Sec. 2. This ordinance is effective upon its passage in accordance with Section
110.11.
Mayor
City Clerk
(New language is underlined, language to be deleted is stu�sk thm-,.)
TO: Dwight D. Johnson, City Manager
FROM: 1 'Craig C. Gerdes, Director of Public Safety
SUBJECT: RECOGNITION PROGRAM FOR PASSING COMPLIANCE
CHECKS
DATE: April 26, 1999 for City Council Information Memo
1. BACKGROUND: At its April 13, 1999 Study Session, the City Council discussed
presumptive penalties for both alcohol and tobacco. They came to a determination on the
presumptive penalties and asked that staff prepare new ordinances with these penalties for the
May 4, 1999 Council Meeting. These ordinances have been prepared and will be on the
agenda for the May 4 h meeting. The Council also stated they would like staff to develop
some type of program to issue certificates for license holders that pass compliance checks
that they could post within their establishment.
2. DISCUSSION: Staff reviewed and discussed this issue. The Public Safety Department had
been sending letters to establishments at the end of the year letting them know the results of
the year's compliance checks and congratulating their employees if they passed. These were
intended for file and were not really for posting. Staff had some concerns however as we
have already had some problem with establishments posting these letters and leaving them up
even after they failed.
Staff is proposing a certificate similar to the one attached which is suitable for posting by the
establishment that clearly lists the year as well as whether the certificate is for alcohol or
tobacco sales. Establishments can then post several years or if they do not pass all checks,
they would not have the current year certificate. Staff also proposes establishments must
pass all compliance checks during the year to receive a certificate. If an establishment only
passes two out of three checks, they would not receive one. It would in essence be a "perfect
record only" certification for each year.
3. BUDGET IMPACT: Certificates can be produced in house on the computer, so costs
would be minimal and could be handled within the department's present budget.
4. RECOMMENDATION: Staff recommends the City adopt the proposed recognition policy
for licensed establishments who pass yearly compliance checks for tobacco and alcohol sales
to minors.
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Plymouth Human Rights Commission
April 14,1999
Minutes
Commissioners
Present Excused Absent
Jennifer Butler
Claudelle Carruthers
%00
Manik Chhabra
Rajit Chakravarty
Sara Frailich
Jackie Fraedrich
Mitzi Heath
Lisa Hunter
V
Patricia Izek
Joan Jensen
Art Johnson
%0
Rebecca Malinsky
Perssis Meshkat
%0
Ruth Ruffin
WO
Becky Wheeler
Also present: Saundra Spigner, Council Coordinating Representative; Laurie Ahrens,
City Clerk.
Call to Order
Rebecca Malinsky called the meeting to order at 7:00 p.m.
Minutes
Motion was made by Joan Jensen, seconded by Lisa Hunter, to approve the minutes of
March 4. The motion was adopted by unanimous vote.
Report on Student Workshop
Sara Frailich, Manik Chhabra, Rajit Chakravarty, Becky Malinsky, and Perssis Meshkat
reported on the student workshop held on April 7 at Plymouth City Hall. There were
guest speakers from District 202, entertainment by the Armstrong Steppers, and small
group discussions. Becky Malinsky showed the quilt collage which was made by
attendees at the workshop. The workshop was well received and there were attendees
from Park Center, Armstrong, and Wayzata High Schools. Notes for next year's
workshop: start mailing earlier, hold same time of the year but check school calendars to
avoid special events, breaks, and finals, have the program available with the mailing, and
consider the new Activity Center for location.
Minutes
April 14, 1999
Page 2
Report on Survey
Laurie Ahrens reported that the City Council has included a Citizen Survey in its 1999-
2000 Goals and Priorities. Joan Jensen reported on questions that have been submitted to
staff for inclusion in the survey. The Commission added several question areas which
will be discussed with the consultant on the project.
Hate and Bias Crime Report
Mitzi Heath and Ruth Ruffin reported on an incident that occurred at Wayzata High
School involving an African American woman who feels she was subjected to racial
discrimination at the school. The woman is facing court action on charges of verbal
assault and disorderly conduct. Mitzi and Ruth have met with Police Chief Gerdes to
generally discuss issues relating to the incident and what can be done in similar
situations. Jackie Fraedrich suggested that the HRC should collect the non-
discrimination policies and multi -cultural education plans from each school district in
order to understand the policies and the procedures for filing discrimination complaints
and how the human rights commission may be involved. Jackie will get the documents
from District 281; Rajit and Perssis will obtain the materials from District 284. Lisa
Hunter may be able to obtain the materials from District 279. Mitzi Heath will also set
up a meeting with the Wayzata High School Principal to discuss the issues involved.
Manik Chhabra left the meeting.
HRC Regional Meeting
Laurie Ahrens reported on the Regional Human Rights Commissions meeting she
attended in Crystal on March 23.
Joint Planning Commission/City Council meeting on Comprehensive Plan
Laurie Ahrens reported on the joint Planning Commission/City Council meeting on the
Comprehensive Plan held on March 31. No Human Rights Commissioners attended the
meeting.
Jackie Fraedrich left the meeting.
Approve Article for Submission to Plymouth Sailor
Motion was made by Mitzi Heath, seconded by Ruth Ruffin, to approve an article by
Claudelle Carruthers for submission to the Plymouth Sailor as a guest column. Motion
carried on unanimous vote.
Calendar/Days to Avoid for Public Meetings
Laurie Ahrens presented the list of Jewish and Christian holidays. The City Council has
requested that the Human Rights Commission review this issue and recommend days that
should be avoided for public meetings. The Commission felt that a full calendar of
Minutes
April 14, 1999
Page 3
holidays should be prepared. Commissioners will continue to collect additions to the
calendar.
Human Rights Commission ByLaws
The Commission directed that the HRC Bylaws be the primary agenda item at the next
meeting.
Motion was made by Raj it Chakravarty, seconded by Ruth Ruffin, to adjourn the meeting
at 8:45 p.m. The motion passed by unanimous vote.
Next meeting: Thursday, May 6,1999 7:00 p.m.
% -c V
Wa zata-PI mouth Area
Chemical Health Commission
Minutes
April 9. 1999
Members Present: Donna Marget, Lydia Kihm, Barbara Hickok, Martha
Anderson, Mandy Little, Judy Hanson, Jeyn Hofacker, Craig Gerdes, Judy
Hoover, Kevin Ringhofer
Approve/Amend Minutes: Minutes accepted.
Treasurer's Report: Mandy reported there is a balance of $2254.90.
Will be giving Bill with Lions a check for $50.00 for breakfast.
July 7 - After Five located at the Depot in Wayzata at 7:00 p.m.
Police report:
City Council had its last hearing on alcohol compliance violations. The
ordinance is being studied and smoothed out. Placing significant
penalties on violators: 10 day Suspension w/ $1000 fine or 5 day w/ $500.
The business itself is being looked at prior to setting a fine. They look at
the impact of business. For example: 5 day w/ $500.00 fine for off sale
establishment, 10 day w/ $1000.00 fine for supermarket because sales
are lower. Only suspend alcohol sales. Creating a matrix of presumptive
penalties. The council heard 23 cases. Most establishment are being
compliant and coming in for training sessions. Italiannis alcohol sales
were shut down for 12 days. Applebees' alcohol was also shut down.
Smaller restaurants were also affected. Grocery stores like Rainbow
foods as well as gas stations. Compliance checks are done on every
business with an alcohol license. The total numbers: 114 checks with 23
failures (1998). Goal for 1999 is to get it down to 10 —15 percent.
One establishment had a juvenile serve a minor. It was a violation to
make sale and another one for having a juvenile sell/serve. Council took
seriously and handed out a 60 day w/ $2000 fine.
Star Tribune major article in mid May. Positive article - people need to do
something — everyone does their own part.
Brown bag forum April 27th at Roseville Community Center — youth access
to alcohol.
LCTS dollars: First round of applications came in. 4 grants applied and
all 4 were approved. The grants were:
EMSNMCA activity room for youth as an afterschool program.
Asset building workshop
In home behavioral therapy for students (elementary ages).
CONECT program continue working with housing/community.
They were all funded with modifications.
2"d round of applications are due June 1st.
First money allocated was $85,000 to date LCTS has spent $60,000.
Anticipate receiving $85,000 more in June.
Safe and Drug Free Schools = money flows to the school district. Next
year the funds are being cut 18%.
Mock Crash will be May 11th at 1:OOp.m. It will be located at the west side
of student parking lot by the athletic department at the -High School. Most
feedback from others that have done a mock crash is that it does have an
impact.
Next meeting will be May 7th.
CITY OF
April 30, 1999 PLYMOUTR
SUBJECT: INTERIM USE PERMIT FOR MOEN LEUER CONSTRUCTION (99035)
Dear Property Owner:
Pursuant to the provisions of the Plymouth Zoning Ordinance, this is to inform you of a request
by Moen Leuer Construction for an interim use permit to move approximately 70,000 cubic
yards of material from the 10 -acre Leuer Farm site located at 17430 Medina Road to the adjacent
Cornerstone Commons residential development. The material would allow the developers of the
Cornerstone site to continue preparation of the site for development.
Hennepin County records indicate your property is within 500 feet of the site of this proposal.
You are hereby notified of, and cordially invited to attend a Public Hearing to be held by the
Plymouth Planning Commission at 7:00 p.m., on Wednesday, May 12, 1999, in the Council
Chambers at the Plymouth City Center, 3400 Plymouth Boulevard. The public will be invited to
offer questions and comments concerning this application at that time, or feel free to call the City
Planning Department at 509-5450 for more information.
INFORMATION relating to this request may be examined at the Community Development
Information Counter (lower level), on Mondays and Wednesday through Friday from 8:00 a.m.
to 4:30 p.m., and Tuesdays from 8:00 a.m. to 6:00 p.m., except holidays.
Sincerely,
A*YVtA & yvw�
Barbara G. Senness
Planning Supervisor
99035propnotice
PLYMOUTH A 2eauti/IdPlacc To Live
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (612) 509-5000
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3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (612) 509-5000
www.d.plymouth.mn.us
i
4"
Association of
Metropolitan
Municipalities
DATE: April 23, 1999
TO: Legislative Contacts
City Administrators/Managers
Board of Directors
FROM: AMM Staff
CALL YOUR REPRESENTATIVES!
(1-3a)
BULLETIN
The House Omnibus Tax Bill will be introduced Monday, April 26 and be on the floor Tuesday or
Wednesday. It contains two troublesome issues you may wish to discuss with your representatives:
REVERSE REFERENDUM
This provision as amended in committee allows for a reverse referendum petition signed by 10
percent of the registered voters in a county or city with a population of more than 2,500 if the
adopted levy increase exceeds the Implicit Price Deflator (IPD) plus household percentage in-
creases of the previous levy. General obligation bond levy is excluded. An election would only
impact the excess levy amount. The reverse referendum trigger amount in nearly all cities will be
less than the allowable levy limits, especially if previous levies have been less than limits, if LGA
does not increase at inflation, and in cities that receive no LGA but do receive HACA at its frozen
level.
Reverse referendum creates new lower levy limits and could be costly. Truth -in -Taxation, local
policies and other public disclosure of tax rates are adequate public protection at the local level.
LEVY LIMITS EXTENSIONIREDUCTION
The bill extends levy limits for two more years and eliminates the growth factor for new C/I
construction. Past justification for levy limits has been property tax reform. This bill does provide
some rate compression and some increased education homestead credit and base reduction in the
first year but nothing in year two.
145 University Avenue West
Saint Paul, Minnesota 55103-2044
Telephone: (651) 215.4000
Fax: (651) 281-1299
E-mail.-amm@amm145.org
LMC
LIAyW a`Minaaraia Qw
064AF promoting Awdlpaea
145 Univerjoity Avenue West, Si. Paul, MN 55 103 -2044
Phone; (651) 281-1200 a (800) 925-1122
Fax: (651) 28.1-1299 • TDD (651) 281-1290
April 27, 1999
ACTION ALERT
CONTACT YOUR REPRESENTATIVE
The full House will be considering the omnibus talc bill possibly Wednesday but
most likely Thursday of this week. The bill includes an extension of levy limits
and a new reverse referenda requirement for all counties and cities over 2,500
population.
The reverse referendum would be a marked deviation from the current system,
which allows local elected officials to establish local budgets. In addition, the
reverse referendum if triggered by voters would occur very late in the local
budget process. The election would occur on the fourth Tuesday in January,
fully one month into the city's fiscal year.
The levy limit provision is included despite the .fact that fully two-thirds of the
cities covered by levy limits did not levy to their limit for 1999. The levy limits
are even more restrictive than the limits in effect for 1999. The bill does not
include the commercial and industrial growth factor that was included in last
year's omnibus tax bill.
The Senate tax bill currently allows levy limits to sunset and does not include
any reverse referendum requirement.
Contact your representative and communicate your concerns about these
provisions.
If you have any questions or concerns, please feel free to contact Gary Carlson
at 651-281-1255.
AN EQUAL OPPORTUNRY/AFFIRMATIVC ACTION EMPLOYER
I ' d _ S3I l I3 NW d0 3n5U33 t4d2S :20 66, L2 bdti ^��_
FRIDAYFAx Number 16
A weekly legislative update from the League Of Minnesota Cities April 23, 1999
Governor's second veto impacts local government
Governor vetoes competitive
bid threshold bill
Gov. Ventura vetoed a bill that
would have raised the competi-
tive bid threshold for local units
of government to $50,000. In his
veto message, the governor
stressed that the threshold
increase would amount to a
significant increase for smaller
cities and counties. According to
the governor's veto message,
"1 veto this bill today because I
believe that doubling the thresh-
old amount to $50,000 goes too
far and increases the risk of
unethical conduct." The full text
of the governor's veto message,
is available on the "Legislative
Issues" page of the LMC Web
site (www.lmnc.org).
The veto was a shock based
on the strong, bipartisan House
and Senate support. The bill was
unanimously approved twice by
the Senate and passed by the
House on a 110-17 vote. The
League is uncertain whether the
House author Bill Kuisle (R -
Rochester) and the Senate
author, Steve Kelley (DFL -
Hopkins) will attempt a veto
override.
Tax Committee changes
reverse referenda provision
The House Tax Committee
completed work on their omnibus
tax bill on Thursday in a four-hour
hearing that included more than
30 amendments. The bill will be
introduced on Monday as a
committee bill, and will be re-
ferred to the Ways and Means
Committee before the bill is
debated on the House floor,
possibly as early as next
Wednesday.
In an author's amendment,
the reverse referenda require-
ment that could impact cities over
2,500 population and counties
was modified. Under the original
language, a number of registered
voters equal to 10 percent of
those registered to vote in the
last general election could peti-
tion for a referendum if the levy
increase exceeded the greater
of 2 percent or the consumer
price index.
Under the revised require-
ments, the reverse referenda
could be triggered if the city
proposes a levy increase in
excess of the greater of 2 per-
cent or the percentage increase
in the implicit price deflator for
government goods and services
(IPD) inflation adjustment plus
the percentage increase in
households. Over the past 15
years, the IPD has been slightly
less than the consumer price
index. However, the adjustment
for household growth may more
than offset the difference,
especially in rapidly growing
communities.
There are at least two rea-
sons the referendum trigger
threshold could be lower than a
city's actual levy limitation. First, if
a city did not levy to the limit for
1999, the unused levy authority is
carried forward for the 2000 levy.
Secondly, the levy limit calcula-
tion is based on the certified levy
plus LGA and HACA. Therefore,
the percentage increase in the
levy limit is greater than the same
percentage applied only to the
levy under the reverse referen-
dum requirements.
The reverse referendum
provision was also amended
so that an unsuccessful referen-
dum vote would reduce the levy
only to the amount of the trigger
percentage, rather than to the
amount of the previous year's
levy. In other words, if the trig-
ger percentage for a city was
3 percent and the city proposed
a 4 percent levy increase, an
unsuccessful referendum vote
would only reduce the levy to a
3 percent increase.
The amendment also ex-
cludes general obligation debt
levies from the reverse referen-
dum requirement. This was done
to address concerns raised by
the public finance community that
For more information on city legislative issues, contact any member of the
r __ .._.. _r fVo .. ►..farenwrnmonlal. Relations team.
FRIDAYFAx
APRIL 23, 1999 — Nar 2
general obligation debt was not
truly a general obligation if the
voters could deny a levy neces-
sary to cover the debt service.
Pension aid reduction
provision deleted
A provision of the House state
government finance bill, which
would have redirected a portion
of state pension aids to the
Office of the State Auditor
(OSA), was deleted from the
bill last night. An amendment
offered by Rep. Dennis Ozment
(R -Rosemount) and 28 other
representatives to remove the
provision was adopted by a
114-15 vote.
The money, approximately
$350,000 a year, was intended to
cover the costs the OSA incurs in
preparing a mandated investment
disclosure report on local pen-
sion plans. Current law requires
the auditor to pay for the report
out of the general OSA budget.
The Ozment amendment repeals
the report.
On the floor Rep. Ozment
stated that the provision violated
the agreement made at the time
the report was established by
shifting the cost of the report
from the state to local pension
plans. Rep. Ozment and Rep.
Harry Mares (R -White Bear
Lake), chair of the Legislative
Commission on Pensions and
Retirement, expressed concern
that the provision was added to
the bill late in the State Govern-
ment Finance Committee without
going through the Pension Com-
mission for policy discussion.
The Senate state government
finance bill does not repeal the
report, nor does it redirect state
pension aids to the OSA. The
two bills have significant differ-
ences to be worked out by a
conference committee.
Senate unveils property tax
provisions of tax bill
On Wednesday, the Senate
Property Tax and Local Govern-
ment Budget Division released
the property tax provisions of the
Senate omnibus tax bill. The bill
includes minor class rate com-
pression, an increase in the
education homestead credit,
significant farm property tax
relief, a $5 million increase in
LGA for many small cities, and
increases in the property tax
refund program. The bill includes
general authority for cities to
establish sidewalk utilities. The
bill also repeals Local Perfor-
mance Aid, with the 1999 LPA
distribution being folded into
cities' LGA and counties' HACA.
An amendment offered
by Sen. Doug Johnson (DFL -
Tower) would cap market value
increases for homes, nonhome-
stead residential property, and
cabins to the greater of 5 percent
or the CPI for tax purposes. The
amendment was defeated on a
6-5 vote. Johnson stated he
would offer the limited market
value amendment again in full
tax committee next week.
The income, sales, and other
portions of the omnibus tax bill
will be revealed this afternoon.
We will summarize those provi-
sions early next week.
Watershed management
organization membership
limited
Some ideas never die—not even
due to the legislative committee
deadlines. A bill that would
exclude appointed city officials
from serving on watershed
management organizations,
which did not meet committee
deadline in the Senate, is alive
and well, buried in H.F. 2388—
the House omnibus environment
and natural resources bill. The
provision states that after Dec.
31, 1999, staff of local units of
government who are members
of the watershed management
organization are not eligible to
be appointed to the board.
The Senate companion bill
does not include the provision.
Even if the bill is approved by the
full House, a conference commit-
tee will likely consider this and
other inconsistent provisions,
The League will be working to
kill this reincarnation.
For snare information on city legislative issues, contact any member of the
League of Minnesota Cities Intergovernmental Relations tease.
AMM FAX
NEWS
up
Association of
Metropolitan
Municipalities
April 26-30, 1999 (page 1 of 2)
New Met Council
begins its work
Thferecently appointed members
othe Metropolitan Council
officially took office on Thursday
April 22, 1999. The new Council
includes five members who have
been either a city councilmember
or mayor and many who have had
experience working with local
governments.
At its first meeting, Met Council
Chair Ted Mondale outlined his
vision for the Council. Mr. Mondale
urged the members to view them-
selves as regionalists and to work
with and attempt to direct local
governments.
Being aware of the chair's vision
and the potential impact of its
policies upon cities, you are
encouraged to contact your Met
Council member. You may want to
invite the member(s) to a city
council meeting to discuss how the
council and city could exchange
communications and discuss
policies.
AMM Fax News is faxed periodically
to all ADfhl city managers and
administrators. The information is in-
tended to be shared with mayors,
councilmentbers and staff in order to
keep officials abreast of important
metro city issues
Cc�Copyright 1999 AMM
14.5 University Avenue West
St. Paul, MN 55103-2044
Phone: (651) 215-4000
Fax: (651) 281-1299
E-mail: ammoaamml45.org
House and Senate TIF
financing bills differ
The House and the Senate Omnibus
Tax bills contain differing articles
relating to economic development and
Tax Increment Financing (TIF).
The House bill (HF 2420) was
formally introduced on April 26, while
the Senate bill will not be formally
introduced until later this week. The
Senate TIF article was heard in the
Local Government Tax division April 26
The following analysis compares the
House TIF section with the Senate
section as passed by the Property Tax
division:
Housing District -Local Match
House: The local match for housing
districts for which the request for
certification is made after June 30,
1999 is changed from 10 percent to 5
percent.
Senate: Qualified housing districts
are defined to include a housing
development in which at least 50
percent of the housing is receiving
assistance from district revenues, and
in the case of rental housing the
housing is affordable to persons and
families having incomes at or below 50
percent of the median income.
For owner -occupied housing the
maximum income threshold is 80
percent. The provision is effective for
districts that requested certification on
or after Sept. 2, 1998.
General Government
Use Prohibited
House: The section is effective for
new and existing districts. The section
does not affect expenditures that were
made or committed by binding contract
before July 1, 1999.
The amendment would prohibit the
TIF Bills ♦ See Page 2
April 26-30, 1999 ♦ AMM Fax News ♦ Page 2 of 2
TIF Bil ISI House bill features 8 special laws; Senate 17
Continued from Page 1
expenditure of TIF for a commons area
used as a public park or a facility used
for social recreational or conference
purposes after July 1, 1999.
TIF may also not be used for
expenditures outside the district for
public improvements, equipment or
other items if the expenditures serve
primarily as a decorative or aesthetic
purpose or serve a functional purpose,
but their cost is increased by 100
percent as a result of the design,
selection of materials or type as
compared with more commonly used
designs, materials or types for similar
improvements, equipment or items.
Senate: Districts certified or ex-
panded (geographic area) after July 1,
1999 are prohibited to expend TIF for a
public park or social and recreational
facilities.
Pooling for Deficits
House: Municipalities are permitted
to transfer increment from one district
to another to eliminate deficits caused
by changes in the property tax class
rates authorized by the 1997 and 1998
Tax bills. The municipality may transfer
increments between districts even if
different development authorities
established them. The pooling permit-
ted under the bill applies notwithstand-
ing the pooling limits of other law An
additional $1.0 million is appropriated
to the TIF grant program which is also
extended to the year 2002.
Senate: The Senate bill is similar to
the House but contains an additional
statutory reference and defines
preexisting obligations to include
refunding bonds and expenditures
made before June 2, 1997.
1979 to 1982 Pooling Rules
House: The use of increment to pay
for activities outside districts estab-
lished between 1979 and 1982 is
ratified. The bill also defines preexisting
in -district and outside -district obliga-
tions to be contractual obligations by
May 1, 1999 and bonds issued by April
1, 1999.
Senate: Pooled expenditures are
also ratified but the date for issuance
of bonds is May 1, 1999 and for
binding contracts is Sept. 30, 1999.
The dates only refer to expenditures
outside the district. The district is not
required to be decertified after the
preexisting expenditures are paid.
Enforcement
House: If the county attorney does
not take action on a non-compliance
issue within 12 months the matter is
referred to the Minnesota Department
of Revenue for resolution. The Com-
missioner of Revenue can suspend the
ability of the authority or municipality to
establish TIF districts for up to five
years.
Senate: There is no similar provi-
sion.
Wage Goals
House: No provision.
Senate: The local match requirement
or aid penalty can be reduced by 50
percent if a district has resulted in an
increase in jobs that pay at least 125
percent of the federal poverty wage.
The job increase must be certified
by the Commissioner of Trade and
Economic Development (DTED) and is
effective for the years following the
certification. To qualify, at least 40 jobs
must be created in districts located in
the metro area. In Greater Minnesota,
the minimum number of jobs is 10 in a
city of less than 5,000 population and
20 for larger cities.
Special Laws
House: There are eight special law
TIF provisions. Metro cities included
are Fridley, Chanhassen and St. Paul.
Senate: There 17 special law
provisions. All but one relates to TIF.
The city of Woodbury is authorized to
levy a property tax for a highway
interchange. Of the 15 TIF bills, six are
for metro cities (St. Paul, Fridley, Inver
Grove Heights, Columbia Heights,
Brooklyn Center and the airport impact
area). The area includes Richfield,
Minneapolis, Eagan and Bloomington.
Effective Date Change
House: No provision is included.
Senate: The effective date for the
1998 amendment to the TIF law
regarding green acres is changed from
April 30, 1998 to August 1, 1996.
AMM to celebrate its 25th Anniversary at the May Annual Meeting
ark your calendars -- the
AMM will celebrate its 25th
Anniversary at the Annual Meeting
on Thursday, May 20, 1999 at the
Maplewood Community Center.
A social hour will begin the
evening at 5:30 p.m., with dinner at
6:30 p.m. and the business meeting
at 7:30 p.m.
Former AMM Executive Director
Vern Peterson and AMM's first presi-
dent Elliott Perovich will share some
stories of the early days and the Lynn
Deichert Music ensemble will provide
some Dixieland entertainment.
All AMM members are invited and
past presidents are also encouraged
to attend. The cost to attend will be
$30. Invitations and agendas will be
mailed out later this week.
Everyone will be asked to make a
reservation by calling the AMM no
later than Friday, May 14.
Stay tuned for more details!
3
4955 PEONY LANE
April 27, 1999
i
PLYMOUTH,, MINNESOTA 55446-1600
City Council of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447
Dear Council Members:
�
S
High School
indent School District 284
9 Phone 612-745-6600 • Fax 612-745-6691
City Council of Wayzata
600 E. Rice St.
Wayzata, MN 55391
As Chemical Health Coordinator for the Wayzata Public Schools, I would like to take
this opportunity to inform you of a very important prevention activity that our Trojan
Leadership Council is preparing for.
On May 11, 1 PM, on the grounds of the Wayzata High School, we will be presenting a
"mock crash" to our student body. As we approach prom season, banquets, parties and
graduations, we wanted to use this activity as a way to heighten awareness of the serious
consequences of drinking and driving. A "mock crash" graphically illustrates what is
involved at a crash site. Emergency and medical personnel from our communities will be
participants in this event.
As well as inviting you to this event, we wanted you to be aware of the "activity" that
will be occurring at that time as it will no doubt be chaotic. We will run a story in the
local newspapers so that nearby neighborhoods will be aware of what is actually
happening.
We are very grateful for the local participation we have received in this event. This has
been a remarkable partnership between school and community. Should you have any
questions, please call me at 745-6988.
Sincerely,
'Jfidy Han on, Chemical Health Coordinator
Wayzata Public Schools
APR 30 '99 02:20PM LEAGUE OF MN CITIES
P.1
Sp 4;k
o Pew
��� tsditlo�
-- R/ DA Y AX Number 17
A weekly legislative update from the League of Minnesota Cities April 30, 1999
House completes tax bill; Senate nearly done
After 21 amendments and
nearly eight hours of floor
debate, the House of Repre-
sentatives completed work on
their omnibus tax bill. Although
few of the amendments were
added to the bill, several would
have had significant impact on
local units of government.
Rep. Al Juhnke (DFL -
Willmar) offered an amendment
that would have repealed the
sales tax on local government
purchases. Even though most
of the DFLers voted against the
same amendment last year
because it created an $80
million hole in the budget, their
votes turned green this year.
The Republican green votes of
last year turned red this year
because it created an $80
million hole in their budget. The
amendment ultimately failed on
a 61 to 67 vote.
Rep. Bob Milbert (DFL -
South St. Paul) offered an
amendment that would have
established a more stringent
limited market value system.
Under the bill's original lan-
guage, assessor's annual
market value increases could
not exceed 7 percent, unless
the limited value fell behind the
assessor's estimate by more
than 53 percent. The original bill
provision would have only
applied to those classes of
property currently covered by
limited market value—residen-
tial homesteads and non -
homesteads, agricultural home-
steads or non -homesteads and
cabins.
The Milbert amendment
would have applied a value
increase limit based on the
lesser of the consumer price
index or 5 percent. In addition,
the limit would have applied to
all classes of property. The
Milbert amendment failed on a
46 to 81 vote.
Rep. Dan Larson (DFL -
Bloomington) offered a 29 -page
amendment to freeze property
taxes for one year. During the
debate on the freeze amend-
ment, Rep. Osskopp managed
to simultaneously support our
position opposing a state freeze
on local tax authority and offend
some local government officials:
"Representative Larson
you asked the question,
your voters in your district
said in face of all these tax
cuts how come our prop-
erty taxes keep going up?
You know, one of the rea-
sons they voted for Gov.
Ventura is because he will
tell it to them straight."
'What you need to do is
not come up with all kinds
of systems here in St. Paul
to address the problem,
what you need to is just be
honest with your taxpayers
and say your city govern-
ment, your county govern-
ment and school boards
spend like drunken sailors.
That's why your property
taxes are going up. If you
want your property taxes
to go down, throw the
bums out of the city, throw
the bums out in the county,
throw the bums out in the
school board and your
taxes go down. We tried it
in Wabasha County and it
worked"
Later during the debate,
Rep. Rest responded to a
number of anti -local government
comments:
"9'm becoming increasingly
dismayed by the attacks
that are made on local
governments in the course
of this legislative session
and not just in the discus-
sion of this bill"
For more information on city legislative issues, contact any member of the
I - - - - of Jf"Wa. A.Y-f; w #--
APR 30 '99 02:21PM LEAGUE OF MN CITIES
FRIDAYFAx
APRx 30, 1999— PAGF2
"I had hoped that this
Rep. Tom Osthoff (DFL -St.
session that the local
Paul) offered an amendment to
governments—school
prohibit local units of govern -
districts, counties, cities—
ment from engaging a lobbyist
could be partners --part-
with revenues derived from
ners with the legislators
taxes. Associations such as the
and governor for that
League of Minnesota Cities
matter in looking at prop-
were not prohibited under the
erty tax relief, looking at
amendment. The Speaker ruled
local government aid
the amended out of order
structures instead of con-
because it was not a tax-
tinuing a very, very frustrat-
related item.
ing level of conflict with one
The final amendment that
another. "
affected local units of govern -
"And I hope that as we
ment was a proposal offered by
go forward, whether its
Rep. Ted Winter (DFL -Fulda)
talking about limited market
that would have removed the
value or whether its talking
reverse referendum provision
about reverse referendum
included in the bill. After a
or levy limits, both of which
lengthy debate, the amendment
I do not support, that we
failed on a 61 to 68 vote. How -
realize and recognize that
ever, unlike many of the other
the very same people that
amendments that failed earlier
elected the representatives
in the debate, the vote for the
from Bloomington or the
repeal included 12 Republicans
representatives from Moor-
and 49 Democrats.
head or the representa-
After completing work in
tives from Minneapolis also
the amendments, the bill was
elected their city council
approved on a 95 to 35 vote.
members."
The bill has been sent to the
'They didn't suddenly
Senate where they are now in
get stupid when they were
the process of completing floor
voting on the city council
work on their tax bill.
ballot and then suddenly
The Senate omnibus tax
get wise when they voted
bill was substantially modified
for you."
shortly before committee action
on Thursday. Senate leadership
The Larson amendment
stripped out almost all minor tax
ultimately failed on a 57 to 71
provisions and rolled the sav-
vote.
ings into increased income tax
P.2
cuts. We will fully summarize
the final Senate bill in next
week's Cities Bulletin. We
expect a conference committee
to be appointed sometime early
next week --less than two
weeks before the scheduled
adjournment for the Legislature.
Minnesota Association
of Local Housing
Finance Agencies
Spring 1999 Meeting
May 6 --Bloomington
The Minnesota Association
of Local Housing Finance
Agencies (MALHFA) will
hold its 1999 Spring Lun-
cheon Meeting next Thurs-
day, May 6, at Noon at the
Holiday Inn International,
Bloomington. The luncheon
program features a presen-
tation by Warren Hansen,
president of the Greater
Minnesota Housing Fund,
and Tom Fulton, president
of the Family Housing Fund.
The cost of the lunch and
program is $25 for MALHFA
members; $35 for non-
members. Call (651) 635-
0306 to make reservations.
For more information on city legislative issues, contact any ,member of the
League of Minnesota Cities Intergovernmental Reiallons team.