HomeMy WebLinkAboutCouncil Information Memorandum 05-14-1999MAY 149 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 18, 7: 00 PM
TUESDAY, MAY 24, 7. 00 PM
REGULAR COUNCIL MEETING,
Council Chambers
SPECIAL JOINT COUNCIL MEETING WITH
PLANNING COMMISSION ON
COMPREHENSIVE PLAN UPDATE,
Public Safety Training Room
2. FRIDAY, MAY 14, 5:00 PM THROUGH PLYMOUTHFINEARTS COUNCIL
SATURDAY, MAY 15, 4: 00 PM PRIMA VERA EVENT,
City Administration Building
3. SATURDAY, MAY 15, 9:00 AM -3:30 PM PLYMOUTH CLEAN—UP DAY,
14900 23'd Avenue North
4. MONDAY, MAY 17, 7.00-9:00 PM
S. WEDNESDAY, MAY 19, 7. 00 PM
(Date change this month only)
6. THURSDAY, M4Y20, 6:00 PM
(Note special start time)
WARD 2 MEETING WITH COUNCILMEMBER
KELLI SLAVIK, Council Chambers
PRAC, Council Chambers
HRA, Medicine Lake Room
CITY COUNCIL INFORMATION MEMO
MAY 14, 1999
Page 2
7. THURSDAY, AMY 20, 7: 00 PM PUBLIC SAFETYADVISOR Y BOARD,
Public Safety Training Room. Agenda is attached
(M-7)
8. MONDAY, MAY 24, 7:00 PM YOUTHADVISORY COUNCIL,
Medicine Lake Room
9. WEDNESDAY, MAY 26, 7: 00 PM PACT, Hadley Lake Room
10. WEDNESDAY, MAY26, 7: 00 PM PLANNING COMMISSION, Council Chambers
11. May, June and July calendars are attached. (M-11)
1. NEWS ARTICLES, RELEASES, PUBLICATIONS, ETC.
a) Star Tribune feature news story and accompanying photos concerning teenage
drinking. The story, part of a series that ran this week in the Star Tribune, quotes
Chief Gerdes, Officer Brian Beniek, as well as several Plymouth residents. (I -]a)
b) Amended first quarter 1999 West Suburban Mediation service report. (I -1b)
c) Notice of a work session on land use and property rights, sponsored by TwinWest
Chamber of Commerce, Thursday, May 27, 7:45 AM, at 2501 Wayzata
Boulevard. (I -1c)
d) TwinWest FAX news notes. (1-1d)
e) West Suburban Mediation Center 1998 Annual Report executive summary. (1-1e)
2. CITIZEN COMMUNICATIONS POLICY—CORRESPONDENCE
a) Internet communication from Roger Richters regarding city policy on the sale and
use of phosphorous–free fertilizers. The communication has been forwarded to
Public Works Director Fred Moore for a response. (I -2a)
b) Letter from Park Director Eric Blank to Brian Anderson, responding to comments
about skateboard parks in Plymouth. Anderson's original correspondence is
attached. (I -2b)
c) Letter from Park Director Eric Blank to Joe Kempf, responding to comments
about skateboard parks in Plymouth. Kempf s original correspondence is attached.
(I --2c)
CITY COUNCIL INFORMATION MEMO
MAY 14, 1999
Page 3
d) Letter from Park Director Eric Blank to Jesse Strouth, responding to comments
about water erosion problems around lakes in Plymouth. Strouth's original
correspondence is attached. (I -2d)
e) Letter from Melvin Dale regarding an on—going problem with flooding in his back
yard. The letter has been forwarded to Public Works Director Fred Moore for a
response. (I -2e)
A status report on the most recent correspondence is attached: (1-2)
3. MINUTES
a) Shingle Creek Watershed Management Commission March 11 meeting. (I -3a)
4. STAFF REPORTS
a) April 1999 Hennepin County Adult Correctional Facility Population Report.
(I -4a)
b) Letter from City Clerk Laurie Ahrens to Plymouth—licensed lawn fertilizer
applicators reviewing the City's policy which bans the use of phosphorus
fertilizers. (I -4b)
S. CORRESPONDENCE
a) Letter to Public Safety Director Craig Gerdes from Steve Erickson of Innsbruck
Investments, Inc., regarding proposed changes in the tobacco products ordinance.
(I -5a)
b) Letter to Manager Dwight Johnson from Minnehaha Creek Watershed District
Administrator L. Eric Evenson commending the city for its ban of phosphorous
fertilizer. (I -Sb)
6. LEGISLATIVE REPORTS
a) FAX communication from the Metropolitan Legislative Commission conveying a
letter from Governor Ventura about the state budget. (I -4a)
b) Suburban Transit Association legislative report on transit funding in the state
budget. (I -4b)
c) Letter from the League of Minnesota Cities regarding the state budget legislation.
(I -4c)
AGENDA
City of Plymouth
Public Safety
Advisory Board
Thursday, May 20, 1999
7:00 p.m.
Public Safety Training Room
I. Call to order
II. Approval of Minutes from April 15, 1999 meeting
111. False Alarm Ordinance
IV. Around the table, any other issues
V. Adjournment
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a • freetime homezone cars.com
TEEN DRINKING
workavenue
iallea
Busted at home: Girl's party gets out o an
School13 crackdowns
meet backlash
( The supply and
Vim Schneider Star Tribune
Tuesday, May 11, 1999
demand of teenage
drinking
Once some of the pain and embarrassment wears off, one Plymouth mother plans to tell her friends what she's learned
What's a parent to
about teen drinking.
She'll tell them it could happen to their family. And what they shouldn't do if it does.
Who's out of
control — parents or
Until two weeks ago, the mother of two never had talked to her 17 -year-old daughter -- or
kids?
her husband — about underage drinking. The first family conversation on the subject took
ED Part One: Surviving
place after the police busted a teen party at their home while the parents were away at the
a rite of passage
lake.
l Part Two: Binge
Their experience provides a vivid example of what happens when parents aren't prepared
break
to deal with teens and alcohol: The authorities will. That night's party became a police
! About this project
report that is given to the school, where other sanctions may be made.
B Conversations on
Photc,Jeff wheeler
And at home, it appears things never will be the same. Since the night of the party, the
teen drinking to be
held Wednesday
Aftermath of a police raid on
couple has been arguing about how to handle their daughter now. underage drinkers
The father wants her to pay. The mother wants family peace. And the daughter says she's gotten a lot of mixed
messages.
"They're not responding in the same way at all," she says. "After my dad yells at me, my mom kisses me goodnight
and says, 'I'm sorry he yelled at you.'"
The reaction of these parents is as classic as the party, which started with a couple of friends and grew to include up to
100 people, many of whom the daughter had never even met, says Brian Beniek, the Plymouth police officer who
ticketed the teens.
"A lot of parents think it'll never be them," he said. "Parents are ill-prepared to deal with it once it happens."
Parents don't have to "order the death penalty" for a teen drinking offense, but they do need to agree on consequences
and think about them in advance, Beniek said.
"Be consistent," he warned. "They'll play one against the other."
Furious and forgiving
Debbie admits to undermining much of what her husband has tried to accomplish with discipline, in part because their
reactions to the party have been so different.
Her husband got angry, she said, while she was more hurt.
He wanted his daughter identified in the newspaper; his wife wanted nothing said at all. (In the end, she agreed to tell
her story without using her real name or her daughter's.)
"The way he punishes is like, 'I don't love you anymore,'" Debbie says. "But I'm not tough enough."
Ken says he's been justifiably furious since he arrived home to find that his daughter not only drank, but instigated the
party. One of the partygoers got onto his computer and erased his hard drive. Others egged the house, stole his nine -
iron and remote control, and tore up the mailbox of a now -angry neighbor.
"Any privileges she thought she had are gone," he said. "Any freedom to do what she thought she could do or wants
to do are gone as well."
He and his wife were naive, he said, thinking they had no reason to worry about a girl who got all A's in school. They
never saw the need to talk to their children about drinking, assuming the girls knew 1t was wrong.
"I always said when she left the house, 'Drive carefully,' " Debbie said. "I never said, 'Don't drink.' "
Since alcoholism runs in his family, Ken also saw no need for a formal, sit-down discussion on the topic. His daughter
watched her grandmother die from alcoholism, and he said he thought that would be deterrent enough.
But his daughter said she wasn't thinking about "family lessons learned" that Saturday night when she played poker
with a few friends, using puffed -rice cereal in place of chips. She called another friend, who showed up with a small
group of people. Soon, kids were sitting on the deck using their cell phones to invite others. Someone brought in some
beer and a bottle of liquor, and the gathering blossomed into a large party.
"I wasn't thinking of the consequences," she said. "I was having fun. Until the police showed up."
'She'll pay the price'
Responding to a disturbance complaint from neighbors, Beniek arrived to find only about 20 partygoers still at the
house. He tested them all for alcohol and issued five tickets — one to the daughter. Her parents say they are glad the
police broke up the party, because it got the issue into the open, where it needed to be. But they will be dealing with
the loss of trust forever, they said.
"We're at the point now, we don't believe a word she says, good, bad or ugly," Ken said. "We trusted her to do what
was right, and she didn't.... Now she'll pay the price."
Both parents agree on the basic price: The daughter can keep her waitressing job, but the paycheck will go first to the
parents and then into a savings account she can't touch until college. She won't use the car, except to drive to work.
And she won't be left home alone again.
But Ken still is taking a harder line. He says he refuses to listen to excuses, while Debbie continues to be encouraging.
The mother listened attentively on a recent evening while her daughter claimed she'd made an "average mistake" for a
teenager and went for the guilt trip, saying she'd seen on "Oprah" that you don't really love someone if you don't trust
them.
/-N "I know lots of kids at my school who have gotten a minor [consumption ticket]," she said. "It's not an abnormal
thing."
But she admits that while her father is too strict, her mother is too lenient. She pointed it out when her new puppy
came into the room carrying the prized stuffed frog he'd taken off her bed.
"No! No!" she said sternly. The poodle slunk across the room, and Debbie petted him softly, saying, "It's OK."
"There's an example," the daughter said. Her mother shook her head knowingly and added, "That's probably why you
never listen to me."
— Kim Schneider can be reached via e-mail at kschneider startribune.com or by telephone at 612-673-7161.
Return to top O Copyright 1999 Star Tribune
mE1�0 E. EGIO�
startrbine.00m
Metro
Published Tuesday, May 11, 1999
A sobering reminder
Jeff W heeler / Star Tribune
Hopkins High School students handed out keychains to students as they arrived for school one day this month.
Students had to pass the wrecked car of Jason Armendariz as they went in the main entrance to the building. A
student organization at the school arranged for the car to be displayed to remind students not to drink and drive,
especially at the school's prom. Armendariz was killed in September 1993 at the age of 22 when he lost control
of the car and crashed in a field. He died less than a year and a half after his 18 -year-old sister was killed when
her car was hit by a drunken driver.
® Copyright 1999 star Tribune. All rights reserved.
ME RN. EGIOR
a y1 6
v f V
c
oartrlbune.com
Wro
Published Tuesday, May 11, 1999
Aftermath of a police raid on underage drinkers
Jeff Wheeler / Star Tribune
,a
A 17 -year-old Plymouth girl found it hard to face the consequences when police busted a party at her parents'
house and cited her and some friends for alcohol consumption. Tickets and breathing tubes used to test for the
presence of alcohol lay on the table next to a beer can.
O Copyright 1999 Star Tribune. All rights reserved.
startrb ",can
Metro
Published Tuesday, May 11, 1999
Violated zero -tolerance policy
Judy Griesedieck / Star Tribune
Jeremiah Stavlo of New Hope has one alcohol-related offense: alcohol in his bloodstream at homecoming in
1997. Because of Cooper High's zero -tolerance policy, he was kicked off the hockey team and suspended for
half a semester.
O Copyright 1999 Star TrAxne. All rights reserved.
01E1 fl0 ! EG 100 Published Tuesday, MaY 11, 1999
Restaurant faces accusation of serving alcohol to minor
Jeff Wheeler / Star Tribune
startriNne.com
Metro
At an April city council meeting, Plymouth Police Chief Craig Gerdes listened as attomey Scott Rusert, at right
on the TV monitor above, and restaurant manager Rick Boisjolie answered charges that Italianni's served
alcohol to a minor. They were given a find and a suspension.
O Copyright 1999 Star Trib". All rights reserved.
DVI
WEST SUBURBAN MEDIATION CENTER
1011 First Street South, Suite 200, Hopkins, MN 55343 (612) 933-0005 Fax: (612) 933-6046
May 7. 1999
Mayor and City Council
City of Plymouth
3400 Plymouth Boulevard
Plymouth. MN 55447-1482
Dear Mayor and City Council:
A*V,
6 g` L
For over the hast two years. In preparing quarterly reports to the cities In our
service area, we have used statistics provided by our computer. In reviewing the first
quarter report lOr 1999. we discovered the computer information was incorrect. Luckily.
we also keep a case log ill a notebook.
We have now manually gone over the case log at least for 1998 and 1999. The
correct number ol'cases involving Plymouth residcnts for 1998 is twenty (20).
The first quarter report dated April 22"" which listed one case is incorrect.
"There were ten (10) cases first quarter as follows:
1. Intra -family. Family Court referral, mediated with no signed agreement
2. Inlployer/employee. Conciliation Court flyer referral, parties were not
willing to mediate
3. Visitation/expediting, Scott County Family Court referral, both parties
never responded
4. Juvenile vandalism. police referral, mediated with signed agreement
5. .IUVCmIe malicious mischief, police referral. conciliated
G. Iuvcnilc vandalism. Operation de Novo referral. mediated with signed
agreement
7. Business/consumer, Conciliation Court flyer referral, parties refused
8. Neighbor. police department referral, mediated with signed agreement
9. Intra -family. Plymouth newsletter referral, mediated with signed agreement
10. Business/consumer. Plymouth newsletter referral, other party did not respond
We appreciate your support and usage. Learning to deal with conllict in a
constructive manner is vital in our conullunilics.
Sincerely,.
i
Susan A. Nelson
Executive Director
05/11/99 12:02 To:Mr. Dwight Johnson From:Jason
T W 1 N \/%A/ E S T
CHAMBER—* OF COMMERCE
LOCAL GOVERNMENT WORK SESSION
The TwinWest Chamber of Commerce is committed to creating a better
understanding between local governments and TwinWest business leaders.
Thursday, May 27, * 7:45 - 11:00 a.m.
Lurie, Besikof, Lapidus & Company
2501 Wayzata Boulevard, Minneapolis, MN
ND USE & PROP
■ Where do municipalities get their authority to condemn
property?
■ What is amortization?
Page 1/1
■ How is the value of a property determined?
■ What are valid reasons for a city to take business property?
■ What is the definition of public interest?
■ Does economic development begin at city hall?
Please register me for this important (free) event!
Name:
Company:
Please fax to Jason Crrev — TwinWest Chamber of Commerce
Fax: (612) 540-0237
More Information call: (612) 540-0234
05/12/99 08:05 Toft. Joy Tierney From:Cyan Page 1/1
s
Date: May 12, 1999
PSSSr...
From: Kaye RalLow, President
• Despite reforms, Minnesota employers still carry one of the highest property tax burdens in the nation!
➢ 3 of our representatives are on the Tax Conference Committee:
Ron Abrams (Minnetonka) 651/296-9934 reR.ron.abrams(dhouse.leg.state.mn.us
Henry Todd VanDellen (Plymouth) 651296-4176 rep.henrytodd.vandellen@house.leg.state.mn.us
Ann Rest (New Hope) 651296-4176 rep ann.rest(a)-house.leg_state.mn.us.
➢ Contact them immediately and tell them to support the house position on property tax reform!
• John Lavander has been named to the Board of Directors for Opportunity Partners.
• Roger Hale, Tennant Company, chaired the Workforce Training Focus Group at our office Friday morning.
TwinWest and the Citizens League partnered on this effort. How do we make the training system in general
more responsive to the changing skill needs of employers? How do we address skilled vacancies more
promptly? Good discussion. If you want a copy of the minutes, call me.
• Brent Cory, our new Director of Communications, will start on May 17. He brings chamber experience to the
staff, having worked for the Winona and Brooklyn Center Chambers of Commerce.
• The Board Nominating Committee met last week. Once the nominees have been contacted, they will be
published in the newsletter. Along with Lori, John, Becky and myself, Tom Allen, Joe Reilly and Tom Tart
also served on the committee.
• Did you know that the first thing Charlie Meyer, St. Louis Park City Manager, reads in the morning newspaper
is the comics? Without fail, he says. If you like the comic section, see Charlie — he knows all of the stories
and characters in detail!
• The overall property valuation of the city of Plymouth increased by 8.9% last year — 3.1% was new growth.
Commercial/Industrial went up 6%, condos 7%, apartments 12%, townhomes and residential 4%.
• Jim Vathing, Park National Bank, has been promoted to Senior Vice President, Commercial Lending.
• Becky and I helped sort Suited by TwinWestTM clothes in Russ Hagen's warehouse last week. - It was very
impressive to see all of those clothes! It takes a lot of skill and energy to organize that whole effort. Thank you
Christine Harris and committee!
• Jason took me over to the capitol last week — we focused on property tax lobbying.
• Joanne Benson (former Lt. Governor) spoke at the Practical Politics graduation last Thursday afternoon.
Fifteen members graduated from the 9 -month course.....future strong leaders in the class!
• As an FYI, Ian Troup and I serve on the Executive Committee for the School -To -Work Suburban Hennepin
Partnership. Ian is a business representative, and I am a community-based organization representative. The
purpose of the Partnership is to create a system that uses workplaces as active learning environments and helps
learners find opportunities for career fulfillment.
• The $20 dues checkoff totaled $1,720 for the Foundation in the month of April!
TWI NWEST
CHAMBER OF COMMERCE
Executive mmary
West Suburban Mediation Center believes people can resolve disputes to the satisfaction of all
parties. Throughout 1998, the Center worked to support the peaceful resolution of conflict
through four program areas: Mediation and Facilitation Services; Training; Outreach and
Education; and Program Administration and Development.
The Center provides convenient, effective, and affordable services to individuals, families,
neighbors, government agencies, businesses, community and professional groups in its service
area. The types of conflicts most commonly referred were issues between landlords and tenants,
consumers and merchants, neighbors and family members. While a majority of cases came to
dispute resolution through the court system, a considerable number arrived through community
resources, city agencies, legal and law enforcement services, and personal word-of-mouth.
Through the use of constructive means like mediation and facilitation, the Center since 1982, has
helped in thousands of matters to prevent the need for costly litigation, or escalation to the point
of violence. Studies have demonstrated that mediation provides more lasting and more satisfying
solutions than the courts, and also equips participants with tools to resolve their own future
conflicts.
Many thanks are due to those who faithfully and competently supported the Center's efforts to
provide appropriate ways to deal constructively with conflict.
1998 ANNUAL REPORT
Mediators
Shirley Bierma
Jim Campbell
Carol Carmichiel
Linda Draves
Jeanne Eddy
Harlan Ekre
Cheri Fischer
Bernard Gingold
Kim Greene
Nellavon Grina
Wes Hamilton
Becky Hughes
Robin Katz
Lori Kelley
Jane Klinc
Shelley Kordell
Jay Levenson
Roger Lindquist
Diane Lynch
Priscilla Mc Gunnigle
Mary Ellen Moe
Tracy Nightingale
Ellie Ogden
John O'Loughlin
Dick Osgood
Earl Peterson
Tom Phillips
Donna Silberman
Herman Swanson
Ann Thies
New
Mediators
Trained in
September,
1998
Joann Anderson
Brian Boysen
Richard Conry
Matt Haakenstad
John Herbert
Sharon Hestad
Kathy Heuser
G. Martin Johnson
Elizabeth Keller
l le'l
Typical Cases Appropriate
for Mediation
Neighbor disputes: property lines, noise, children
Juvenile victim/offender: theft, vandalism, arson, shoplifting
Intra -family: parcnt/child, siblings
Co -parenting, Visitation/Expediting, Grandparent Visitation
Guardianship/Conservatorship
Conciliation Court
Tenantilandlord, tenant/tenant
Business/consumer
Business/business
Employer/employee
City/resident
Inservice Trainin9s
The Minnesota Association of Community Mediation Programs offer inservice trainings for
volunteer mediators to meet the requirement of a minimum of six hours of continuing education
each year in order to remain on the active roster.
Examples of topics offered were:
"Handling Anger and High Emotion"
"Skills and Strategies for Caucus and Impasse"
"Domestic Volence Issues"
"Agreement Building and Writing"
"Mediator Debriefing"
"Multi -Party Mediation"
"Unpacking Your Tool Box—Assumptions about
Race and Culture"
"Approaches to Family Mediation and Restorative
Measures"
Board of
Directors
Pauline Bouchard
Wanda Braziel
Jim Campbell
Bob Carlson
Al Eklof
Cheri Fischer
Jay Levenson
Lee Mosher
Ellie Ogden
Earl Peterson
Tom Phillips
Herman Swanson
Ann Thies
Kirk Wetzlich
Susan A. Nelson,
Executive Director
Debra M. Nichols,
Case Manager
We are grateful
to our volunteers
who are invaluable
to our organization,
who give their
time, talents, and
commitment to
West Suburban
Mediation Center.
THANK YOU!
Evaluations From Parties
(excluding Housing Court cases)
68 rated the overall quality of the service as very satisfactory or satisfactory
68 rated the mediators as explaining their roles well
65 had the opportunity to express their feelings and point of view
Comments:
"Thanks for all your help."
"Very satisfied with the outcome."
"This is a need so two opposite parties can get together and talk it out."
"Thank you for the personal contact call first, it was therapeutic. Victims need more
information on the role they play and what is expected of them."
"Did like riding in the elevator with other parry on way into conference room and the
mediators handled situation well during our session."
1998 Statistics
555 adult and juvenile cases opened
17 cases pending at beginning of the year
9 cases pending at the end of the year
502 cases mediated/conciliated
61 cases refused to mediate
1416 served in cases
301 served by referrals and/or information
We are grateful for the continued financial support
from Bloomington, Eden Prairie, Edina, Hennepin
County,Hopkins, Independence, McKnight Foundation,
Minnetonka, Plymouth, Richfield, St. Louis Park and the
State of Minnesota.
An order from the Supreme Court in 1996 established a pilot program in the Fourth Judicial District to
evaluate the use of mandatory mediation in conciliation court. A project report was submitted in 1997
which found the pilot was successful in resolving cases in a manner that minimized delay -and financial
burdens for litigants and that there was a continuing need to require parties to meet and confer in a
mediation setting. As a result, Chief Justice Kathleen A. Blatz signed a new order dated March 23rd,
1999 mandating mediation in conciliation court.
During the pilot program, participating litigants were asked to complete an exit evaluation. The response
rate for the evaluation and the satisfaction rate was 90%.
The West Suburban Mediation Center, the Minneapolis Mediation Program, and North Hennepin
Mediation Program directors have been meeting for several months with Hennepin County court staff
and*referees to assist in the preparation of a brochure that will be sent out or given when people come to
file a court case ("Consider Mediation before you go to Court"), reworking procedures, forms etc. One
training for mediators and referees has already been held and another will be held before the start date of
May 3rd, 1999.
The Center has been asked to provide one mediator for each of two courtrooms on Monday and
Wednesday mornings and one mediator for each of two courtrooms on Monday and Wednesday
afternoons. The other community programs mentioned above will also providing a mediator for each
of the courtrooms.
OPKII�' U.S. POSTAGE t,
There are approximately 30,000 cases filed each year in cont' ation�..qq � me f qty be
mediated such as traffic accidents, multiple filings, and the d cleaning � ��`
t"I N H METER 544024 i
West Suburban Mediation Center
1011 First Street South, Suite 200
Hopkins, MN 55343-9477
..................................................................................................
Phone: (612) 933-0005
Fax: (612) 933-6046
E-mail: wsmc@juno.com
Mavor and City Council
P13"I'louth City Ccntcr
2300 Plymouth Blvd.
Plymouth. MN 55447
Internet Contact
�A 2�
From: RRichters@GT.com
Sent: Monday, May 10, 199912:29 PM
To: contact@ci.plymouth.mn.us
Subject: Fertilizer containing phosphorus
1 certainly support the concept of keeping our water blue, not green. The
City of Plymouth has certainly taken an extreme position to keep our waters
blue. However, the City of Plymouth has also presented the tax payers of
Plymouth with several related issues.
1. Why is it that when 1 have used phosphorus free fertilizer, the results
on my yard are much less than desirable? It was also much more expensive
that other low phosphorus fertilizers.
2. Yesterday I went the Frank's and Home Depot, both located in Plymouth,
neither had phosphorus fee fertilizer. Where can it be purchased? Or do you
expect every household in Plymouth to go hunting on their own?
3. Crab grass continues to be a major problem throughout the City of
Plymouth. I have never seen Crab grass control fertilizer without
phosphorus. Where do I get it?
4. When will we see a reduction in property taxes directly related the "the
City will spend less effort and money removing the phosphorous from the
lakes and streams."?
5. If phosphorus is so hard on the quality of water, why is it that other
city, state, and federal governmental agencies do not appear to have done
anything about it?
6. Why not address the issue with the manufactures of fertilizer rather than
the tax payer who can do nothing about it.
7. Is this another example of "over governing" similar to the City street
parking ordinance?
It would seem reasonable that since the City passed this ban, the City
would also have provided solutions to resolve the problems it presents the
home owner.
Roger A. Richters
rrichters@yahoo.com
May 11, 1999CIjY OF
PLYMOUTR
Brian Anderson
14425 47th Ave N
Plymouth, MN 55446
Dear Brian:
Mayor Tierney has forwarded your letter to me regarding skateboard parks in Plymouth. The
City Council has been very supportive of skateboard parks in Plymouth. They went out of their
way last year to grant permission, and a number of variances, so a private skateboard park could
open in Plymouth. Unfortunately, in recent weeks it has been announced that they were unable
to make it financially and had to close their doors. This sudden closing caught everyone off
guard.
Last year, the City Council also authorized the parks department to install a concrete parking
area behind the ice center which could be used some day for an inline and skateboard park. It is
unfortunate with this short notice that the City does not have an opportunity to adequately study
and plan for an alternative skateboard facility. However, I can tell you that the Mayor and other
members of the Council have been working with various groups and individuals to see if there is
a quick alternative that could be developed within the community this summer. In the long run, I
can assure you that the city staff, Park and Recreation Advisory Commission and the Council
will continue to look at this issue and do what we can to find a proper solution.
Thank you for bringing this to our attention. Copies of your letter are being sent to both the City
Council and the Park and Recreation Advisory Commission.
Sincerely,
"64"
Eric J. Blank, Director
Parks and Recreation
EB/np
cc: City Council
PRAC
PLYMOUTH A Beautiful Place To Live
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (612) 509-5000
90-- p" www.d.plymouth.mmus
Brian K. Anderson
14425 47th Ave. N.
Plymouth, MN
55446
KingB4321@,Hotmail.com
Hotmail.com
Mayor of Plymouth
Plymouth Administrative Offices
3400 Plymouth Blvd.
55447
Dear Mayor Tierney,
RE: Skateparks in Plymouth
2 a
Hello. My name is Brian Anderson. I attend Wayzata High School and am in the
9th grade. I have a concern. Since the 6th grade I have been into skateboarding. I love
it. It helps me relieve myself of aggression and my worries. It also gives me a time just to
have fun with my friends. It seems anywhere we go to skate these days we get kicked out.
A couple weeks ago a police officer tried to tell me I can't even skate infront of my own
house. So what I am saying is that the skaters need some place to call their own. A place
where we can go and not worry about getting kicked out of, or being harassed. We did
have a skatepark for awhile, but they had to shutdown. Last summer there was a
skatepark that traveled from town to town. It was called True Ride. The park was going
to come to Plymouth, but the City Council denied it. There would be so many benefits if
we had a skatepark in Plymouth. First of all it would get the skaters off the street and into
the park, and if you charge $8-$10 per person to get in the profit would be through the
roof. Just building this one park that would cost as much as a tennis court would make
more than the skaters happy. Think of all the people who kick us out of places they
wouldn't have to worry anymore, and the police could spend their time dealing with crime
and not a skateboarder skating somewhere he shouldn't be. I hope what I have said will
help influence your decision on building a skatepark in Plymouth. I would really
appreciate your thoughts on this subject so feel free to write or e-mail me at the addresses
at the top. Thank you for your time I appreciate it.
Sincerely,
1� /r avijwl)o V)
Brian K. Anderson
May 11, 1999
Joe Kempf
3125 Urbandale Lane
Plymouth, MN 55447
Dear Joe:
;PCF
PLYMOUTFF
Mayor Tierney has forwarded your letter to me regarding skateboard parks in Plymouth. The
City Council has been very supportive of skateboard parks in Plymouth. They went out of their
way last year to grant permission, and a number of variances, so a private skateboard park could
open in Plymouth. Unfortunately, in recent weeks it has been announced that they were unable
to make it financially and had to close their doors. This sudden closing caught everyone off
guard.
Last year, the City Council also authorized the parks department to install a concrete parking
area behind the ice center which could be used some day for an inline and skateboard park. It is
unfortunate with this short notice that the City does not have an opportunity to adequately study
and plan for an alternative skateboard facility. However, I can tell you that the Mayor and other
members of the Council have been working with various groups and individuals to see if there is
a quick alternative that could be developed within the community this summer. In the long run, I
can assure you that the city staff, Park and Recreation Advisory Commission and the Council
will continue to look at this issue and do what we can to find a proper solution.
Thank you for bringing this to our attention. Copies of your letter are being sent to both the City
Council and the Park and Recreation Advisory Commission.
Sincerely,
ec. Blank, Director
Parks and Recreation
EB/np _.._�.
cc: City Council
PRAC
PLYMOUTH A Beautiful Place To Give
3400 PLYMOUTH BOULEVARD - PLYMOUTH, MINNESOTA 55447-1482 - TELEPHONE (612) 509-5000
®r-,.�W www.d.plymouth.mn.us
"Skateboard- Park"
Joe Kempf
3125 Urbandale Ln.
Plymouth, MN
Duckeroo4u@aol.com
Mayor Tierney
Plymouth city offices
3400 Plymouth Blvd
Dear Mayor Tierney:
"F- ZC
�- 1 o
MA+l _ ,}
s
26,1999
I my name is Joe Kempf. I am a 9h grade honor student at Wayzata High School.
Everywhere you go in the Plymouth you see NO SKATEBOARDING signs at almost
every public area. Skateboarding is a sport. A sport that is equally as important as football,
baseball, basketball, hockey,. and other sports. Yet, it discouraged everywhere in the city of
Plymouth. Millions of taxpayer dollars were spent on the Plymouth Ice Center. Millions of
taxpayer dollars were spent on facilities at Wayzata public schools for every sport you can
imagine. Basically every sport except skateboarding. It has become apparent to me that
not only public areas discourage skateboarding, so does the government of Plymouth. I
propose that the city of Plymouth build a free skateboarding park that encourages the use
of skateboards. It would cost relatively less than an ice center. I hope that you consider
this idea. If you could, I would ask that you send me a response. Lets show respect for
every teenager in our community and stop discrimination.
Sincerely,
Koeempf
May 11, 1999 CATV OF
PLYMOUTR
Jesse Strouth
3070 Larch Lane
Plymouth, MN 55441
Dear Jesse:
Mayor Tierney has forwarded your letter to me regarding erosion on Plymouth lakes, and
specifically, Medicine Lake. Your letter is very timely in that within the next four to five weeks
the City Council will be looking at a new high water ordinance for Medicine Lake, which will go
into effect during times of high water, requiring all boats to operate without making any waves.
This idea was brought forward by the Association of Medicine Lake Area Citizens. Both the
City of Medicine Lake and the City of Plymouth will be adopting the ordinance so that uniform
regulations can be followed throughout the entire lakeshore.
I am forwarding a copy of your letter to the city engineering department so that they are aware of
your concerns on other bodies of water throughout Plymouth.
Thank you for your letter.
Sincerely,
E'IL' �hve'
Eric J. Blank, Director
Parks and Recreation
EB/np
Cc: City Council
Fred Moore
Shane Missaghi
PLYMOUTH A Beautifu(Ptace To Give
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (612) 509-5000
0 www.d.plymouth.mn.us
Jesse Strouth
3070 Larch Lane
Plymouth, MN, 55441
e-mail JohnAVP12@aol.com
Mayor Tierney
Plymouth City Offices
3400 Plymouth Blvd.
Dear Mayor Tierney,
ti
k4Y
s
My name is Jesse Strouth and I am a 9th grade student at Wayzata High School. I am
writing to you in the hope that you will take action to reduce water erosion on
residential lakes in our city.
In recent years, water sports and recreation on Medicine Lake are becoming more
popular. But I believe it is growing unchecked. The wakes of water created by these
extra speedboats traveling too close to the water's edge is eroding the shoreline. In
areas where there is no beach, the wakes are breaking up the soft dirt land four to five
feet inland. In all these areas, large Cottonwood trees grow that are over 50 years old.
In the past two years, three of these trees have fallen in, and there are another seven
ready to fall. In all cases, the people that own the property where the trees fall have to
take care of them and remove them from the water. These trees are vital to the
lakefront ecosystem and are the homes to many wild animals. The most recent tree to
fall was even the home to the two bald eagles released by the French Park Raptor
Center in the last two years.
The current laws restricting boat activity are not being enforced on residential lakes,
and because of recent events, action should be taken to enforce these laws further.
I appreciate the time you took to read this letter, and I would like to hear back from you.
Sincerely,
Jesse Strouth
May 13, 1999 2,,�
JOY TIERNEY
MAYOR OF PLYMOUTH
3400 PLYMOUTH ROAD f '
PLYMOUTH MN 55447
Re: Culvert problem
Dear Mayor:
Thanks for taking my phone call and listening to my problem with the flooding in my back yard in
Plymouth. Several years ago I pursued this problem more actively. I have dealt in the past with
Fred Moore, Dick Pouliout, Roger and Gary of the Street Department. To repeat myself, my
complaint is that the two culverts that are supposed to allow the water out of the water holding area at
a specified rate are never open and fully functioning at the time that they are needed. This is not a
complaint against the Maintenance Crew or Street Department or anybody.- It is just humanly
impossible to keep these two culverts open so that when we do get the rain that they function as
advertised. This entire project was designed so that a hundred year rain was not supposed to go over
my yard. It has already been over my yard at least three times in the last ten years. The reason it
goes over is not because the amount of rain, it is because of the rate that the water is allowed to get
out of the pond. Roger and Gary are fighting a losing battle with these two culverts, the beaver
constantly are in there. I have tried to help in past to keep it a manageable problem. However, I
have realized that you are not going to keep the beaver from coming into this area and jamming
everything into these culverts. It is humanly impossible to go thru these culverts and clean them even
in dry weather. It.certainly is impossible if you get some rainy weather.
So we are left with the problem that we have an engineered project that is supposed to work and let
the water out but, because of "real world" problems such as beaver and sticks and everything else
coming down into these culverts, it doesn't work. I think I can go on record as saying the culverts
rarely if every are fully functional when it rains.
How about resolving the problem? Either redesign the project with something that can meter the
water flow out that is able to be cleaned out my a human being or add some more outlet along the
bunker.
I understand that at this time not only are the culverts full but the Street Department has hung two
grates over the ends of the culverts. This was done to keep the beaver from building their dam inside
so the Street Department did not have to go in and clean out the mess the beaver make. Debris still
gets in there. So when it rains, the grates collect every little bite of debris, even if the culverts are
not full. This prevents the flow of the water.
ank for you elp.
Melvin E. Dale,
12830 28th Avenue North
Plymouth MN 55441
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M
SHINGLE CREEK WEITERSNED M f IN f iGEME1NT COMMISSION
3001 Harbor Lane • Suite 150 • Plymouth, MN 55447
Telephone (612)553-1144 a FAX (612)553-9326
MINUTES
March 11, 1999
A meeting of the Shingle Creek Watershed Management Commission was called to order by Chairman Ron
Quanbeck on Thursday, March 11, 1999, at 12:45 p.m at Lancer at Edinburgh, 8700 Edinbrook Crossing,
Brooklyn Park, MN.
Present were: Diane Spector, Brooklyn Center; Kevin Larson, Brooklyn Park; Tom Mathisen, Crystal;
Gerry Butcher, Maple Grove; Craig Cooper, Minneapolis; Dave Callister, Osseo; Ron
Quanbeck, Plymouth; Lori Hoebelheinrich, Robbinsdale; Paul Nelson and Eric Thompson,
Montgomery Watson; Charlie LeFevere, Kennedy & Graven; and Judie Anderson,
Recording Secretary.
I. Minutes. Motion by Mathisen, second by Cooper to approve the minutes of the February meeting
of the Commission. Motion carried.
H. Treasurer's Report Motion by Spector, second by Cooper to approve a $22,705 carryover from
the 1998 budget for Hydrologic Modeling. Motion carried.
Motion by Callister, second by Butcher to adjust the budget line items to match the items outlined
in Montgomery Watson's water quality monitoring schedule. Motion carried.
Motion by Spector, second by Mathisen to approve the Treasurer's Report. Motion carried.
III. Approval of Claims. Motion by Spector, second by Cooper to approve claims totaling
$15,232.67. Claims were approved by roll can vote: ayes - Spector, Larson, Mathisen, Butcher, Cooper,
Callister, Quanbeck, and Hoebelheinrich; nays - none; absent - New Hope.
IV. Correspondence.
A. Communications Log. No action required.
B. Commission By -Laws. LeFevere will review the By -Laws and bring suggested
amendments to the April meeting.
C. WMO Hnancing Authorities. The Commissioners received a copy of a March 8, 1999
memorandum from Jim Haertel, BWSR, relating the history of watershed management organization
financing authorities.
V. Water Quality.
A. 1998 Water Quality Monitoring Report. Nelson and Thompson summarized the
findings of the 1998 program. Copies of the report were distributed to the Commissioners and will be
reprinted in the Commission's 1998 Annual Report.
BROOKLYN CENTER 9 BROOKLYN PARK 0 CRYSTAL • MAPLE GROVE 9 MINNEAPOLIS • NEW HOPE 0 OSSEO 0 PLYMOUTH • ROBBINSDALE
Minutes
March 11, 1999
page 2
B. 1999 Water Quality Monitoring Projects. Thompson's March 4 memo presented
recommendations and costs for the Commission's 1999 program. Thompson also redistributed a
spreadsheet listing projects which had been previously considered by the Commission as well as a revised
spreadsheet which added four projects for consideration. The projects will be prioritized by the
Commissioners and considered at the April meeting.
VI. Project Reviews.
A. SC99-04 Brookdale Center, Brooklyn Center. Redevelopment of the Brookdale
Shopping Center located in the southwest quadrant of Bass Lake Road and Highway 100. The project
involves redevelopment of the 58 acre site. A complete project review application was received on
February 23, 1999.
Currently, only 15% of the site receives stormwater treatment to city NURP levels. All
treatment of stormwater runoff is provided by the newly constructed stormwater ponds located on
Centerbrook Golf Course to the south. Following completion of the project, an additional 38.7 acres of
drainage area will be routed to these ponds, resulting in 82% of the site receiving treatment to NURP levels.
Under current Commission requirements, sites undergoing redevelopment must provide
water quality treatment for the entire site regardless of the level of redevelopment. Otherwise, a
Commission -approved variance is required. The current submittal represents the best possible retrofit for
the site given the proposed redevelopment area limitations. Therefore, the Commission's engineer
recommended that the Commission approve a variance from the water quality treatment requirement.
Additional treatment for the extreme eastern tip of the shopping center will be investigated at the time that
repaving/redevelopment activities are planned for that area.
The current plan also proposes development of an additional building site located within
anarea of 100-yearfloodplain. Approximately 2.07 ac -ft of fill is to be placed below the 100 -year flood
elevation. No on-site compensatory storage has been provided. The applicant has requested a variance
from Commission requirements for on-site compensatory floodplain storage. The City has identified 4.83
ac -ft of storage created during the Shingle Creek regional pond project located south of Highway 100
which could be used as compensatory storage for the fill proposed under the current plan. The variance
escrow has been received.
The lowest proposed building elevation satisfies the Commission's one -foot freeboard
requirements. No wetlands will be impacted by this project. No erosion control plan has been received.
Motion by Cooper, second by Spector directing the consultant to notify the City of
Brooklyn Center that approval of project SC99-04 is hereby granted pending adoption of a resolution
granting a variance to the Commission's standards and receipt in the office of the Commission's engineer
of the following:
1. An Erosion Control Plan.
Motion carried.
BROOKLYN CENTER • BROOKLYN PARK • CRYSTAL • MAPLE GROVE • MINNEAPOLIS • NEW HOPE 0 OSSEO 0 PLYMOUTH • ROBBINSDALE
Minutes
March 11, 1999
page 3
1' 33
B. SC99-05 Hemlock Lane and Elm Creek Boulevard, Maple Grove. Construction of
extensions to Hemlock Lane and Elm Creek Boulevard. A complete project review application was
received on March 1, 1999. The proposed project involves construction of the roadway to service the
Arbor Lakes development reviewed under SC98-17. An isolated portion of this project is located outside
the SCWMC border and is not reviewed or commented on in the engineer's report
Stormwater drainage for the project area will be routed to four of the ponding areas
proposed under the Arbor Lakes development plan. Under SC98-17, calculations have been submitted
demonstrating that three of the ponds (1,3, and 4) have been designed to satisfy city NURP standards. No
information has been submitted regarding the pond west of Main Street.
NWI maps show several wetlands within the vicinity of the project; however, it appears
the proposed roadway alignment will avoid any wetland impact. The City of Maple Grove is the WCA
LGU.
There is no floodplain within the project limits. A detailed erosion control plan has been
received.
Motion by Butcher, second by Cooper directing the consultant to notify the City of Maple
Grove that approval of project SC99-05 is hereby granted pending receipt in the office of the Commission's
engineer of the following:
1. Calculations demonstrating that the proposed stormwater pond west of Main Street
is capable of satisfying city NURP standards.
Motion carried.
C. SC93-1 Terrace Mall, Robbinsdale. Motion by Butcher, second by Hoebelheinrich to
ratify a September 25, 1998 letter from Maria Hagen as Chair of the Commission re future development
of the site and subsequent water quality treatment Motion carried.
There being no further business before the Commission, motion by Spector, second by Cooper to adjourn.
The meeting was adjourned at 3:05 p.m.
Respectfully submitted,
Judie A. Anderson
Recording Secretary
JAA:tim
J:1CId6NPb1W 1WA7ERSHLr%SHINGLECWME17MMAR2. W PD
BROOKLYN CENTER • BROOKLYN PARK • CRYSTAL 9 MAPLE GROVE • MINNEAPOLIS • NEW HOPE • OSSEO 0 PLYMOUTH 0 ROBBINSDALE
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447
DATE: May 12, 1999
TO: Dwight Johnson,
City Manager
FROM: Anne Hurlbu t, Community Development Director
SUBJECT: Hennepin County Adult Correctional Facility (HCACF) Population Report
Attached is the report that was provided by Hennepin County staff for the month of April,
1999.
The average daily population reported for the Plymouth facility in April was 609. It appears
that the facility may have exceeded the occupancy limit of 601 set by the Conditional Use
Permit (CUP.)
I will be discussing this report with the Corrections staff to determine whether or not a
violation of the CUP standard has occurred. It is possible that I am misinterpreting the report.
I will give you any additional information as soon as it is available.
x emo
• A
iV 1 "rn�e nC;w
MAY 12 1999
Date: May 10, 1999 '—CITY OF PLYM
COMMUNITY DEVELOPME
To: Board of Hennepin County Commissioners
From: Jan I. Smaby, Community Corrections Dire
Subject: County Correctional Facility Population Re
kRTMENT
- Apri , 1999
As requested, please find attached the average daily population reports for the Adult
Corrections Facility, the Juvenile Detention Center, and the County Home School for the
month of April, 1999.
JIS/cg
CC: Chief Judge Mabley
Judge Kevin Burke
Judge Pam Alexander
Sandra Vargas
Anne Hurlbert, City of Plymouth
DOCC Management Team
State Representative Wes Skoglund
Carole Martin
Adult Corrections Facility
Men's Section
April Averagp.PsipLlation
Average Men's Section' Straigbt7iM6Total"Count
Less: Average Absentees*
Average Men's Section Sentenced Inside Count
Plus: Average non -sentenced residents (Jail Annex, INS)
Tet6l1Nl6W!g Section inside Count
(highest inside count during month: .429)
Men's Section Capacity
Less: Average inside Count
.Average Available Beds
395
(380)
15
376
.(65)
311
69
'380
*Home Monitoring, housed in Work Release due to.PSWP participation, etc.
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306
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*Home Monitoring, housed in Work Release due to.PSWP participation, etc.
Adult Corrections Facility
Women'p Section
April Average Population
Average Women's Section Straight Time Total Count
Less: Average Absentees (home monitoring, etc.)
Average Women's Section Sentenced Inside Count
Plus: Average non -sentenced residents (Jail Annex, INS)
Total Women's section Inside. Count
(highest inside coynt during month: 60)
Total Women's Section Capacity
Less: Module reserved for use by JDC Girls Annex
Net Capacity available for Adult Women
'Less: Average Inside Count
Average Available Beds
60
50
40
30
20
10
0
Ike �a� .PQM �a� SP ' - PJB �eQ Ooti �OJ OCG
1,999 Monthly Average Population
ACF Women's Section
(Net Capacity =42)
65
(18)
47
0
47
58
(16)
42
(47)
(5)
❑ Avail. Beds
■ Sentenced
M JDC Girls'. Annex
Adult Corrections Facility
Work Release
April Average Population
Average Work Release Total Count
Less: Average Absentees (home monitoring, etc.)
Average Work Release Inside Count
Plus: Average Straight Mme-Residents-(P40fters,-PSWP)
Total Work Release Inside Count
(highest inside count.dur ngmonth: 183)
Work Release Capacity -172
Less: -Average -Inside-Count --467
Average Available Beds a
180
160
140
120
1DO
.8O
-60
40
20
-0
Oo� tso� poo
1999 Monthly Average PopWation
ACF Work Release
(Capacity =172)
260
(119)
941
167
O Avail. -Beds
MJnside Count
4
Juvenile _Detention Center
April Average Population
Average Total Detained Population 153
Housed outside -of JDC:
Home Detention/Post Disposition Home Detention 47
ACF Girls Annex 15
CHS Secure Unit 4
Other (Wabasha, Wilson .Center, Dakota Co., etc.) 17
Average Total Housed Outside of JDC 83
Average Inside Count: 70
(highest inside count during month: 88)
JDC Capacity 87
Less: Average Inside Count -70
Average Available Beds 17
1999 Monthly Average Population
Juvenile Detention Center
(Capacity = 87)
90
•� � - " .fir m`i`x
80 a
� x � -''rr�z r.. 3 �
ax
70
60
60
13 Avail. Beds
40
t�,fi 3° ■ Inside Count
30 !NT
r >,
� r t °"✓ �s�rr �z
20 3r %4r M r.M F i t e CY
10 y
°�
41<0o
County Home School
April Average Population
(highest inside count -during month: 142)
Average
Reserved
Available
Program
Capacity
Population
Beds*
Beds
Cottage 1
24
18
0
6
Short Term Juvenile Males
II' • •
Cottage 2
-22
14
1
7
Juvenile Female Offenders
Cottage 3
24
21
.0
3
Juvenile Sex Offenders
.tis
•
• •
,
Cottage 4
24
17
1
6
Adolescent Male Offenders Age 1346
Cottage 5
24
22
1
1
Adolescent Male Offenders Age 15-17
Cottage 6
24
21
1
2
Adolescent Male Offenders Age 1547
Cottage 7
24
24
0
0
Adolescent Male Offenders -Age 1749
Total
166
137
4
25
(highest inside count -during month: 142)
In cottages which have-oneDrmors residentson furlough status, one bed:is reserved in the went
that the resident is returned to CHS.
a��
NONE
Y
uX ME, ni
II' • •
143rt��a
136
• 134'
4,
137 �y r
l:. — — — • : — e
E�
0 Average Count
:r
)..4vOR' S '� � i� i 5 Y� �.Y•
.tis
•
• •
,
In cottages which have-oneDrmors residentson furlough status, one bed:is reserved in the went
that the resident is returned to CHS.
ary of
PLYMOUTFF
May 14, 1999
Dear Lawn Fertilizer Applicator:
Your company currently holds a license to apply lawn fertilizer. This is a reminder that lawn
fertilizer applicators are prohibited from using fertilizer containing phosphorus in Plymouth.
The purpose of this requirement is to protect Plymouth's lakes and other water resources. In
fact, the City Council recently extended this prohibition to all property owners and renters. The
following language was adopted:
"No person, firm, corporation, franchise, or commercial or noncommercial applicator,
including homeowners or renters, shall apply any lawn fertilizer, liquid or granular,
within the City of Plymouth which contains any amount of phosphorous or other
compound containing phosphorous, such as phosphate, except:
a) the naturally occurring phosphorous in unadulterated natural or organic fertilizing
products such as yard waste compost;
b) newly established or developed turf and lawn areas during first growing season; or
c) turf and lawn areas which soil tests confirm are below phosphorous levels established
by the U of M Extension Services. "
Any of these exceptions must be pre -approved by the City of Plymouth. Any person violating
this requirement may be guilty of a petty misdemeanor, and the City may revoke a commercial
applicator's license for repeat violations.
If you have any questions on this requirement, please contact me at (612) 509-5080 or Water
Resources Engineer Shane Missaghi at (612) 509-5527. Thanks for doing your part to improve
Plymouth's water quality!
Sincerely,
- &vteti�
La a Ahrens
City Clerk
PLYMOUTH A Beautiful Place 7o Live
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (612) 509-5000
®f"«"Mp• www.d.plymouth.mn.us
1999 LICENSED FERTILIZER APPLICATORS
1.
The Lawn Ranger
6368 Carlson Drive
Eden Prairie, MN 55346
2.
Henning Rohde and Associates, Inc.
3259 Terminal Drive
Eagan, MN 55121
3.
Hawes Lawn Service, Inc.
165 James Avenue North
Minneapolis, MN 55405
4.
Athena Care, Inc.
4912 Arden Avenue
Minneapolis, MN 55424
5.
Trugreen Chemlawn
6010 Culligan Way
Minnetonka, MN 55345
6.
Rainbow Tree Company
2239 Edgewood Avenue South
Minneapolis, MN 55426
7.
Chapman Custom Landscape, Inc.
12041 Robin Road
Maple Grove, MN 55369
8.
Guaranteed Spray, Inc.
9919 Valley View Road
Eden Prairie, MN 55344
9.
The Davey Tree Expert Company
1500 North Mantau Street
Kent, Ohio 44240
10.
Fairway Green Lawn Care, Inc.
6608 Cherokee Lane
Brooklyn Park, MN 55428
11.
The Rose Companies
21877 Industrial Court
Rogers, MN 55374
12
Supreme Companies, Inc.
14280 B 23`" Avenue North
Plymouth, MN 55447
13
Talberg Lawn and Landscape
11770 Justen Circle
Maple Grove, MN 55369-9282
14
Property Upkeep Services of Minnetonka, Inc.
2930 Old Bavaria Road
Chaska, MN 55318
15
LandCare USA
357 Ulysses Street NE
Minneapolis, MN 55413
16
Green Stuff, Inc.
15395 31' Avenue North
Plymouth, MN 55447
INNSBR UCK INVESTMENTS, INC.
DBA Cub Foods Plymouth .,
Erickson's Foods ,� ✓
Erickson's Newmarkets
May 11, 1999
Craig Gerdes
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN
55447
Dear Craig:
Thank you for the information you recently sent regarding possible changes to the Plymouth
Tobacco Sales Ordinance. Our company which operates the Plymouth Cub Store and the
Erickson's Food Store, supports reasonable efforts to curb the illegal use of tobacco products.
During the past two years we have made a concentrated effort to ensure that our stores are in full
compliance with Plymouth's Tobacco Ordinance.
We have installed customer service centers in both of our stores. We require all tobacco
purchases to be made at the service centers. We do not allow a customer to pick up tobacco
products to be brought to a checkstand to be paid for with other grocery purchases. Although
this has not been popular with our customers who legally use tobacco products, it minimizes theft
and has reduced the possibility of illegal sales. We have also programmed our computers to
require inputting a birth date when a tobacco item is scanned at the service counter to minimize
the possibility forecashier error. Additionally, we are continuously reminding our employees of
the necessity to be in full compliance with Plymouth's ordinance.
I believe we have done virtually everything we can to be in full compliance; however, there is no
way that myself or any business owner can guarantee there will not be a future violation of
Plymouth's tobacco ordinance. People make mistakes, have lapses in judgment, and some
deliberately violate the law. Loss of our license is a severe punishment for an infraction
committed by a careless employee. Loss of our tobacco license puts our business at risk with
those customers who expect to be able to purchase tobacco at their neighborhood supermarket.
We can survive without the revenue of tobacco sales. We can't survive without the other
purchases our customers that use tobacco products make when they are in our stores. Tobacco
customers will in all likelihood take their business elsewhere when they can't purchase their
tobacco products from their regular store. Some of those customers may chose to never return.
1605 County Road 101 Plymouth, MN 55447 Phone. 473-1387 Fax. 473-3424
We advocate responsibility and accountability and are prepared to accept the consequences of our
actions. However, no business, school, social organization or government entity is immune from
the carelessness of a few people that exist in any organization. I agree that fines for the illegal
sale of tobacco products are appropriate for the sales clerk and. the purchaser. I also accept the
fact that the license holder must also be involved in the punitive damages. Suspension of the
tobacco license is too severe in my view unless the illegal sale was actually committed by an
owner or manager of the license holder.
We understand that any changes to the ordinance require consistency in the application and
simplicity for the city to administer. I would appreciate your consideration in eliminating
automatic revocation for license holders who have not had any sales violations during a 24 month
period.
Thank you for taking the time to consider our concerns.
Sincerely,
6kz/1907-
Steve Erickson
SE/ms
cc: Rich Dorfaer, Mgr. Plymouth Cub
Mayor Tierney & City Council
City Manager, Dwight Johnson
e
Gray Freshwater Center
Hwys.15 & 19, Navarre
Mail:
2500 Shadywood Road
Excelsior, MN 55331-9578
Phone: (612) 471-0590
Fax: (612) 471-0682
Email:
admin@minnehahacreek.org
Web Site:
www.minnehahacreek.org
Board of Managers
Pamela G. Blixt
James Calkins
Lance Fisher
Monica Gross
Thomas W. LaBounty
Thomas Maple, Jr.
Malcolm Reid
Minnehaha Creek s W Watershed District
Improving Quality of Water, Quality of Life
May 12, 1999
Dwight Johnson, City Manager
City of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447-1482
Re: City of Plymouth's phosphorous fertilizer ban.
Dear Dwight Johnson:
I would like to congratulate your city for its recent action to ban phosphorous
fertilizer and compliment your staff and you for the thoughtful planning and
the well prepared campaign that went into this effort.
This ban will help to reduce algal blooms, improve aquatic habitat, and
enhance water quality not only in your city but also in communities
downstream. Just as the physical affects of banning phosphorous will
transcend your city, Plymouth's leadership will encourage other communities
to take similar actions.
Again, congratulations on your city's leadership and your staff's skills in
carrying out this endeavor.
Sincerely,
WATERSHED DISTRICT
C: Joy Tierney, Mayor, City of Plymouth
Pamela Blixt, President, MCWD Board of Managers
®Primed on recycled paper containingI DocufmnC
at least 30% post consumer waste.
FROM MESSERL I & KRAMER ST. PAUL
(WED) 5. 5'99 15: 11/14:36/NO. 4261124421 P
Messerli
Kramer
professional association
Telecopier: (612) 228-9787
Date., May 5, 1999
TO:
SUBJECT:
cohum ms:
Telecopier Transmittal Sheet
Attorneys at Law
League Of MN Cities Bldg
Suite 450, 14S University Ave West
St. Paul, MN 55103
Telephone (61Z) ZZB-9757
MLC City Managers/Administrators
Tax Conference Committee - Governer Venwra's letter to conferees
FROM: Bob Renner, Jr.
Direct Dia18: (651) 228-9757
NO. OF PAGES: 4, including this curer page.
If you do not receive all pages, or are expe rkneing other problems in uxsmission, please call
Jennifer at (612) 228A757. Thank you.
The information contained in Nus facsimile message is attorney privileged and coodendal information
intended for the use of the individual or #nary named above. rfshe reader of thin message is not the
intended recipient, or the employee or agent raponrible to deliver it to the intended recipient. you are
hereby notifted that any dissembodon, dlrtributian or copying of oris commr mention i$ stricrty
pnvhiaifed. If you have received ftfa In error, place immediatdy noffb us by telephone, and
return the original message to ur at the above address via the U. S. postal Service at our v7ense.
FROM MESSEALI & KRAMER ST. PAUL
(WED) 5. 5'99 15:12/14:38/N0.4261124421
ACV& STATE OF MR44NESOTA
P 2
OFFICE OF GOVERNOR JESSE VENTURA
130 State Capitol - 75 Constitution Avenue • Saint Paul, MN 55155
Z- Ga,
May 3,1999
The Honorable Steve Sviggum 'The Honorable Roger Moe
Speaker of the House of Representatives Senate Majority Leader
State Office Building Stale Capitol
St. Paul, MN 55155 St Paul, MN 55155
The Honorable'TOat Pugh
House Muority reader
State -office Building
St. Paul, NN 55155
Dear Gentlemen:
The Honorable Dick Day
Senate Mmorky Leader
Stan Office Building
St. Paul, MN- 55155
A successfcrl cowlusion to this legislative session requires not only a budget for
the next biennium that is SUMdL rally balaaw d — but -one Hurt works. As Governor.1 must
enauro that the legislature provides sufficient fmde for the administration of state
prognuns doting the next two years. With just two vreeks left in the legislative session,
it is important to focus our effiotts on the critical issues to be resolved if this evasion is to
end successfully.
Bu&et aunt be drwcm . One of the signfficeail ==a" Of
Governor Carlson and reoent legi8latuns was a commitment to strong financial practices
which resulted in an upgrade of the state's credit ratio$ to AAA. 1 willnot acoept tax
and spending bills which cumulatively $ante to jwPwdim the serenity of the state's
financial heahh— eat W during my terve oratite and. Our debate should be hinhad to
ideological differences with regard to iaeome distribution cud spending prWtias, rather
than a debate over the financial disciplines established over the last few years.
PdsWt Um gCow-ftme_ . Good fiscal policy should guide us in the
prudent use of one-time moray. All the one-time tobsoco money. towinS $1.3 billion
over five yaws, sbould be set aside and the 081*56 used for the long-term interests of
Nnnesotmw. These windfall payments should so be considered a fundieg swroe for
permanent eommitmdds — either spending or tae reduction. I believe strongly in my
recommendations regarding the use of tboo fuses — hmstigg in medical odUeation and
research, stabilizing the Academic Health Center, impswing oppomu ities for self-
sufficiency and improved public heelth are all important goals slat will havo benefits well
into the future. I do welcome meaningful discussion on the speditc targets for the
endowments, but I will not jeopardize the state's fiscal outlook by spending this nwmy
for tart relief or long -terns spending.
•r .Olt. nn♦ eene ,.- ioAn\ R497 7717 - C.-. lrm% 70r..,pnRe • Tr%T . fA%lt •JQflln7I n. mnn1 6MIS99
FROM MESSEKL I & KRAMER ST. PAUL
(WED) 5. 5'99 15: 12/14: 38/NO. 4261124421 P 3
Simiierly, decisions about how tD use TANF reserves should reflect a
commitrmemt to retain a sufficient fund balance to respond to an economic downturn and
should not be used as a mechanism to artificially reduce general fund tails.
irem W10 and "s+er&a 'fit Tm pleased to no that agree=nent has been
reached on my sales tax rebate proposal and the ibtt n pradice of a "Settlo-up" at the cud
of =6 biennium. I see ao reason why thu piece of legislation cannot rca& my desk
immodh tely. Let's finish our work on this biennium's issues before we start makiag
comnkme nts for the next. Additionally, this blenaium's rebate should not be paid for
with mvemtes from the rant. A fat more appropriate way to pay for the 1999 rebate is to
free up cash by revesting to a 50150 cash and debt financing of last year's capital budget.
stat bemonkble. Across-the-board reductions and inadequate Sanding
of kwwn cost i=rofes is on arbitrary method of balana* the budget. These acdous
y provide inadequate funding sod bypass public discussion of related piugram
reductions. AppnprWon bills that underfand s8=cY salatY obligations„ rent. the
maintewmce of adsting structures, telecon=mcauoas and system costs are avt
acceptable.
I do sot preclude diffzstnecs in funding from the budget recommendations I
proposed. I do expect, however, that ft 14islaWe will idcatify specific service or
pmV= reductiowprovide adequate f indin far wasting progruwk and not mid
unfunded requiremetes thu cannot possibly be met.
&rdrd Hurst >,aaovnim key pAft roak. Wbile I strongly support the role of the
legislature in reviewing and awdifyi% my budget proposals+ it is important to t0cognize
IV ==Utaas' support of several policy and 5mding propoods neesseary to move to a
more accountable and rospoasive govcmmaat. These include:
Light Ro[ 71►WUff — Ova the past decade, light aril and statcwida transit planning
bave endtaed a stop -n --go approach. We are now at a Joey Cmuroads to act — sot
delay. My proposal of S60 million for B& rail. the availability of fvdea'al f ending,
and my plan for coordinated futum transit plaffiing and finding ams °eoessey to
manage futaue tra d and transportation needs statewide.
• K-9 Cass Size Re&cdm — Rte* tCVJW& and pubvc 60UN d Clearly indicate
the need to act, not measly talk abort, actually redveaag Class fu m in the earliest
grades. Givep the level ofK 12 spending proposed by the House sad Sedate.. there is
no viable raison for not inmplemenft specific merhsaisms, to reduce class size as I
bave proposed. 1 feel it ioapprapriate to commas to provide IL-12 spending increases
wWwat an cff9Wve strategy to reach tuns size mduadon goals in grades K-3.
• Motor Yekieles ZArme Fees -- In order to go orate reveaaes for road projects,
Minnesota developed a See system wbem d=V is no relationaldp between use and
cost to the taxpayer. My proposal to reduce autonalle registration costs is a
necessary past of taro relief.
FROM MESSERLI & KRAMER ST.PAUL
(WED) 5. 5'99 15 : 12/14: 38/NO. 4261 1 24421 _ P 4
I� f m T0dkxdV, Inwjftms — Perhaps the most ra idly evolving aspect of
our business delivery system, the gip between the public sector and the private sector
use of teabaology omfimes to spi'ea Of greater oonomn is the irxxming apacaty
of our ddzens not only to ooU.M.Wiodte from their homes. but to purchase goods and
services as well. Taxpayers sbd►i d:wood that we will invent windy to make
necessary interaction with goWOgnnt morn efficieat and waomer friendly.
I have asked the Department of Finsim and each agaeaey had to identify any
additional problematic issues in ommibus appropriation bills as confenwe Committees
bogie. I have asked thorn to clearly eommmnicaae Any problems that would impede
affective dapartmemt openfioas to committee ebairs and oonfereaoe members.
Aa early. clearly oommunicatod agreement to addmu these problems and issues
would contribute to a suavest d public resolution of conference bills and eaeatmeat of a
state budget ihst works. '
Sinoatly.
9�
Jesse Venture
Governor
c: Conferees, Omnibus Appropriation Bills
Commissioners, Daoctiors,
Chairs—Ventura Adudnistratiou
SUBURBAN
TRANSIT,<
Asso
'ION
�`;
14 t:0 1 iD 10
/L VYJ
LEGISLATIVE REPORT
REPORT 1999-4
FRIDAY, MAY 7,1999
HOUSE AND SENATE TAX BILLS
HEADED TO CONFERENCE COMMITTEE -
CONTAIN FEW TRANSIT -FRIENDLY PROVISIONS
The House and Senate have passed their respective Omnibus Tax Bills and appointed
conferees who have begun meeting to iron out the differences between the two bills.
Both bills are notable for their lack of provisions requested by supporters of public
transit and local governments, including: (1) a sales tax exemption for the purchase of
transit vehicles and replacement parts; (2) an income tax credit for businesses offering
free or reduced price transit passes to employees; and (3) a sales tax exemption for local
government purchases. Transit -related provisions included in the bills are: (1) inclusion of
bonding authority for the Met Council in the Senate bill only (see page 2); and (2)
inclusion of a provision repealing the transit zone property tax rate reduction in the House
bill only.
The House tax bill traveled a rocky road this year, beginning with hearings on numerous
proposals that were "considered for possible inclusion in the Omnibus Bill," to an unusual
floor proceeding during which Republicans and Democrats crafted a surprising tax bill that
provided across the board income tax cuts to all three tax brackets.
An early version of the Senate Tax Bill parceled out a variety of income and sales tax
exemptions and credits. However, prior to introduction of this bill, the Senate DFL
Caucus met and determined that the bill did not provide enough income tax relief — an
issue important to many Minnesotans. Senator Doug Johnson (DFL -Tower) and others
then returned to the drawing board and came back with a bill similar to that passed by the
House, with the primary difference being the size of income tax reductions.
The decision by both the House and the Senate to focus on income tax rate reductions
left little room for other tax credits and exemptions, which explains the absence of the
transit and local government related tax exemptions/credits mentioned above. The STA
will now focus on supporting the Met Council bonding provision as included in the Senate
Bill. Furthermore, the STA will closely follow the progress of the Abrams transit zone tax
repeal. It should be noted that the STA Legislative Committee determined at its April 19
meeting not to actively oppose the transit zone repeal.
The STA Le_aisladveRepoK Is prepared by Tom Poul and JennlferPeterson.
Messerli & Kramer P.A.,145 UnlversityAvenue West, Sults 450, St Paul, MN 55103
Telephone (651) 228-9757 Fax (651) 228-9787
The conferees appointed 'to create a compromise tax bill are: Representatives Ron
Abrams (R -Minnetonka), Todd Van Dellen (R -Plymouth), Dan McElroy (R -Burnsville), Bill
Kuisle (R -Rochester), and Ann Rest (DFL -New Hope); and Senators Doug Johnson, Jim
Vickerman (DFL -Tracy), Steve Murphy (DFL -Red Wing), John Hottinger (DFL -Mankato),
and Bill Belanger (DFL -Bloomington). With the Legislature scheduled to adjourn on or
before May 17, the conferees have only a few days left to come to an agreement and re-
pass the tax bill.
MET COUNCIL BONDING AUTHORITY- PROGRESS MADE
The STA has been following the Met Council's bonding request all session, as $6.85
million is recommended for 13 projects within STA member communities. As the session
begins.to wrap up, any support STA members might provide (i.e. contact with your
legislators and conference committee members when they have been appointed) would
be greatly appreciated and could help to ensure that some or all of the bonding request is
authorized.
As discussed on page 1, the Senate Omnibus Tax Bill contains a provision granting the
Met Council authorization to issue $52 million in bonds to fund capital projects. The
Senate bill also contains language providing the Met Council with "stable and predictable"
bonding revenue by granting the Met Council with an annual inflationary increase in
authority. However, the tax bill is not where the Met Council bonding language is likely to
end up at the close of session.
Also as mentioned on page 1, the House Omnibus Tax Bill does not include any bonding
authority for the Met Council. However, the House Omnibus Public Finance Bill
includes $36 million in bonding authority. Representative Erik Paulsen (R -Eden Prairie)
amended the public finance bill in the Tax Committee to include this bonding authority.
(The STA also owes a great deal of appreciation to Representative Dan McElroy [R -
Burnsville] for his hard work on the bonding issue.) When he did so, he also
incorporated language requiring that any bonding revenue be divided proportionally
among the Met Council, opt -out communities and other transit providers as originally
recommended by the Regional Transit Capital Recommendation Commission.
The Senate has also incorporated $52 million in bonding authority for the Met Council into
its Omnibus Public Finance Bill. Senator Carol Flynn (DFL -Minneapolis) offered this
amendment (as she did to the Omnibus Tax Bill), but she did not include the inflationary
index for annual bonding authority grants.
The House Public Finance Bill, House File 2127, is awaiting action in the Ways and
Means Committee. The Senate bill, Senate File 1876, was approved by the Tax
Committee on April 5 and is awaiting action on the Senate Floor. The authors of these
bills are Senator Larry Pogemiller (DFL -Minneapolis) and Representative Ron Abrams,
respectively. Upon passage in both the House and Senate, a conference committee will
begin meeting to work out their differences and come to some sort of compromise on the
Met Council's bonding request (among other issues).
2
HOUSE -SENATE CONFEREES MEET
ON OMNIBUS TRANSPORTATION FINANCE BILL
A conference committee has been meeting to work out the differences between the
House and Senate Omnibus Transportation Finance Bills. Conferees are:
Representatives Carol Molnau (R -Chaska), Tom Workman (R -Chanhassen), Bill Kuisle
(R -Rochester), Bernie Lieder (DFL -Crookston) and Henry Kalis (DFL -Walters); and
Senators Janet Johnson (DFL -North Branch), Carol Flynn (DFL -Minneapolis), Keith
Langseth (DFL-Glyndon), Dean Johnson (R -Willmar) and Mark Ourada (R -Buffalo).
The bills do not contain many transit -related appropriations or policy changes, but here is
a summary of those that are included:
(1) The House bill appropriates $31.492 million for transit services funded by MNDoT,
including Greater Minnesota transit and transit administration. The Senate bill
appropriates $32.58 million for the same recipients.
(2) The Senate bill appropriates $60 million for matching federal funds for the
construction of light rail transit in the Hiawatha Avenue corridor. The House makes
no similar appropriation.
(3) The House bill appropriates $109.902 million for Metro Transit, of which no more
than $76.2 million may be spent on Metro Mobility. The Senate appropriates
$114.302 for Metro Transit, of which $350,000 must be spent on the Access to
Jobs and Training program.
(4) The Senate bill creates a mobility fund to include proceeds of the motor vehicle
sales tax from which transit capital costs may be funded. The House bill does not
contain a similar provision.
(5) The Senate bill contains language granting the commissioner of MNDot
responsibility for planning, developing, constructing, operating and maintaining a
commuter rail system and requires that such a plan be adopted by the
commissioner by January 15, 2000. The Senate bill also contains a provision that
establishes that priority for constriction of LRT lines be given to lines between
downtown Minneapolis, downtown St. Paul, the Mall of America and the
International Airport as the first lines to be constructed. In addition, the Senate bill
requires the Met Council to develop a regional master plan for transit to be
presented to the Legislature by February 1, 2000. The House bill does not contain
any provisions similar to these.
(6) The Senate bill requires the commissioner of MNDoT to designate two weeks in
October of this year and two weeks in June, 2000, during which meters on freeway
access ramps must be turned off to study the effects on traffic flow and safety. A
report must be submitted to the Legislature by January 15, 2001. The House bill
does not contain a similar provision.
k
Lobbyists for the STA will be following this bill closely as it proceeds through conference
committee. Although none of it directly effects the funding or operation of opt -out transit
systems, we will keep you up to date on the progress made by these provisions and any
others of interest.
END OF SESSION WRAP-UP
As discussed above, there are only a couple of weeks left in the 1999 Legislative
Session. Messerli & Kramer will keep members of the STA up to date as needed and will
provide the Board with an end -of -session report at the July meeting. In the meantime, if
you have any questions or concerns, do not hesitate to call Tom Poul, Bob Renner, or
Jennifer Peterson at 651/228-9757.
LMC
.League of Minnesota Cities
Cities aromotinq excenence
May 6, 1999
Dear Mayors/Administrators/Clerks:
145 University Avenue Vest, St. Paul, MN 55103-2044
Phone: (651) 281-1200 a 20�12
Fax: (651) 281-1299 • TDD
I am writing to request your assistance. The House version of the omnibus tax bill
contains several provisions that if enacted into law, will impact your city as you prepare
future budgets. I would like you to contact your representative and senator and express
your concerns about the following provisions. I have attached a copy of a sample letter
that might serve as a model for correspondence with your legislators. For your reference,
I have also listed the members of the Tax Conference committee.
The House bill contains an extension of levy limits for two additional years. Although the
bill maintains adjustments for inflation and household growth, the bill removes the
adjustment for commercial and industrial growth that was added just last year. The C/I
factor was added to provide communities that are experiencing growth in C/I base
additional levy authority to provide services to that new tax base.
We continue to oppose levy limits. However, if levy limits are extended in the final tax
bill, the law must include the adjustment for commercial and industrial tax base growth.
The bill also contains a reverse referendum requirement that could affect your city. Under
the bill, future levy increases that exceed inflation and household growth could be
challenged by voters. If a number equal to 10 percent of those registered to vote in the
last general election sign a petition challenging the levy increase, the city would be
forced to hold an election on the fourth Tuesday of January. Without voter approval, the
levy would be rolled back to an amount equal to last year's levy plus an amount for
inflation and household growth.
These fiscal restraints are being proposed while other bills under consideration by the
legislature would mandate increased services and increased local costs. Although bills
such as the bleacher safety bill and the police pursuit -training bill are attempts to address
important issues, they will undoubtedly cost money. Local officials must have the
flexibility to fund these and other needs—flexibility that is not permitted under rigid,
state imposed fiscal restraints.
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
11�- (Ot"/
Mayors/Administrators/Clerks
May 6, 1999
Page 2
Levy limits and the reverse referendum erode the ability of local officials to make
decisions in the best interest of their citizens, which is what they are elected to'do. Please
help us retain the control of such important decisions where it should be, at the local
level. Please contact your legislators and express your concerns with these House
provisions.
Sincerely,
Del Haag, President
League of Minnesota Cities
House Tax Conferees
Ron Abrams (R -Minnetonka)
Dan McElroy (R -Burnsville)
Henry Todd Van Dellen (R -Plymouth)
Bill Kuisle (R -Rochester)
Ann Rest (DFL -New Hope)
Senate Tax Conferees
Doug Johnson (DFL -Tower)
John Hottinger (DFL -Mankato)
Steve Murphy (DFL -Red Wing)
Jim Vickerman (DFL -Tracy)
Bill Belanger (R -Bloomington)
T'.. - G QI/
Dear [Representative or Senator]
As the Legislature enters the final weeks of the 1999 legislative session I would like to
comment on several provisions included in the House version of the omnibus tax bill that
are of concern to the city of
The House version of the omnibus tax bill contains an extension of levy limits for two
additional years. Although the bill maintains adjustments for inflation and household
growth, the bill removes the adjustment for commercial and industrial growth that was
added just last year.
The C/I growth factor was added to address a major problem t ze-fits-all levy
limits. Before last year's change, levy limitations did no a additional
service demands created by new commercial and in t. If levy limits
are extended in the final tax bill, the law m for commercial and
industrial tax base growth.
The bill also containse IRAUM. Under the bill, future levy
increases that exceed ion growt could be challenged by voters. If a
number equal to 10 pe n - registered to vote in the last general election sign a
petition challenging t increase, the city would be forced to hold an election on the
fourth Tuesday of January. Without voter approval, the levy would be rolled back to an
amount equal to last year's levy plus an amount the inflation and household growth.
These fiscal restraints are being proposed while other bills under consideration by the
legislature would mandate increased services and increased local costs. Although bills
such as the bleacher safety bill and the police pursuit training bill are attempts to address
important issues, they will undoubtedly cost money. Local officials must have the
flexibility to fund these and other needs—flexibility that is not permitted under rigid,
state -imposed fiscal restraints.
Levy limits and the reverse referendum erode our ability to make decisions in the best
interest of our citizens, which is what we are elected to do. Please help us retain the
control of such important decisions where it should be, at the local level. Please contact
the members of the tax conference committee and urge them to oppose these provisions.
Sincerely,
LYFAx --
FRiDA Number 18
a .mow. A weekly legislative update from the League of Minnesota Cities May 14,1999
Big issues still unresolved: More next week
Corporate creation bill sent
to governor
on Thursday, the House completed
worts on the conference committee
report on S.F. 851, a bill dealing with
corporations created by local units of
government. The bill was authored
by Sen. Jim vickerman (DFL -Tracy)
and Rep. Ann Rest (DFL -New Hope).
The conference committee included
Sens. Dennis Frederickson (R -New
Ulm) and Steve Kelley (DFL-Hoptdns)
along with Reps. Ron Abrams (R -
Minnetonka) and Elaine Harder
(R -Jackson).
The bill delays by two years the
sunset of the statute that grandfathers
corporate entities created by local
units of government, and creates a
legislative task force to study a report
dratted by the state auditor. The task
force created by the billis comprised
of two House members, two Senate
members, the state auditor, two
representatives of cities, two repre-
sentatives of counties, and two
representatives of school districts.
The secretary of state and the attor-
ney general are ex officio members
of the task force.
The task force will study the
auditor's survey findings and make
recommendations on whether existing
corporations should be authorized
to continue, whether political subdivi-
sions should be authorized to create
new corporations, and whether
requirements and restrictions imposed
on local units of government should
apply to the corporation. These
requirements and restrictions include,
among others: open meetings, data
practices, compensation of employ-
ees, conflicts of Interest, and tort
liability.
We are urging the governor to
sign the bill.
Omnibus crime bill completed
The crime prevention conference
committee wrapped up its work early
this morning. Among the provisions of
the committee bill are new police
pursuit training requirements, and
changes to part-time peace officer
licensure.
The pursuit language would
require eight hours of pursuit training
for all peace officers who may be
involved in a police pursuit given the
officer's responsibilities. The commit-
tee appropriated $30,000 annually
to defray a portion of the cost of this
new training. The committee also
identified funds to purchase a driving
simulator to conduct the training,
and to help agencies purchase fire
deflation devices.
The part-time peace officer
language would increase training
requirements for new part-time
officers to 80 hours every three years,
compared to the current 54 hours. It
also would establish a cap whereby all
agencies are limited in the number of
part-time licensees they can employ
to the highest amount they have had
employed in the past three years. The
POST Board would be given authority
to grant temporary, part-time licenses
to agencies that currently employ part-
time licensees and who demonstrate
an extraordinary and temporary need
for more licensees.
Snow and ice immunity
clarification on way to
governor
S.F. 891(Hottinger)/H.F 1348
(Holberg) passed the House yesterday
on a 127 to 0 vote. The measure
passed the Senate earlier this year
on a 59 to 0 vote. The bill, an LMC
initiative, clarifies municipal liability
for snow and ice claims. The language
makes clear that the municipality
responsible for maintaining a sidewalk
is the municipality liable for snow and
ice claims. it is expected this legisla-
tion, once signed by the governor,
will serve to reduce city defense costs
when snow and ice litigation claims
are pursued.
Y2k help for cities
Senate and House conferees have
agreed to $20 million in short-term
loans for local governments address-
ing Y2k issues. Local governments
will also have more latitude to borrow
and make purchases in preparation
for potential Y2k problems threaten-
ing public health and safety. The
bill's provisions also authorize cities
to declare emergencies in case of
failure or malfunction of infrastructure
or services vital to delivery of critical
services, and to exceed local debt
limits for Y2k purchases, leasing
or contracting. Cities would also
be granted immunity from liability
for sharing information about Y2k
solutions.
The bill, H.F. 2386, is expected
to be on the floor of the House and
Senate for final action this weekend
or on Monday.
For more infornmtfon on city legislative issues, contact any member of the
League of Minnesota Cities Intergovernmental Relations team.
(651) 281-1200 or (800) 925-1122
T "d SMID NW 30 3nOU31 WdOd: TO 66. dT Adw