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Council Information Memorandum 10-25-2012
CITY OF PLYMOUTH rp) COUNCIL INFO MEMO October 25, 2012 EVENTS / MEETINGS Human Rights Committee Agenda 11/01/12........................................................................................ Page 1 October, November and December 2012 Official City Meeting Calendars ........................................ Page 3 Tentative List of Agenda Items for Future City Council Meetings ..................................................... Page 6 Dist. 279 NW Family Service Center Grand Opening, 10/25/12........................................................ Page 7 Letter from Plymouth Fire Department RE: Incident of Interest 10525 45th Ave ............................... Page 8 Letter from Plymouth Fire Department RE: Incident of Interest 10530 3rd Ave ................................. Page 9 Property Owner Notice RE: Site Plan Amendment & Conditional Use Permit Amendment for expansion at Sunset Hill elementary School (2012080)............................................................. Page 10 Property Owner Notice RE: Variance for secondary free-standing sign at 3000 Harbor Lane to allow 49 sq. ft. in surface area (2012083)................................................................................... Page 11 Property Owner Notice RE: PUD Amendment for signage at West Health Campus (2012085) ...... Page 12 Property Owner Notice RE: Home Occupation License for Massage Therapy Business (2012089) Page 13 Memo from Doran Cote, Director of Public Works RE: Lanewood Lane Traffic Calming Page 14 Ehlers Market Commentary RE: Variations on Refundings, 10/23/12 .............................................. Page 23 New Boundaries for Wayzata Schools, StarTribune.......................................................................... Page 26 REPORTS 2012/2013 Winter Snowplowing Routes and Policy on Snow Removal with Maps ......................... Page 28 MINUTES Plymouth Advisory Committee on Transit (PACT), 05/23/12.......................................................... Page 35 Human Rights Committee, 08/02/12................................................................................................. Page 38 Suburban Rate Authority, 10/17/12................................................................................................... Page 52 PLYMOUTH HUMAN RIGHTS COMMITTEE AGENDA November 1, 2012, 7:00 p.m. Medicine Lake Room 1. Call to Order 2. Introductions 3. Approve Agenda 4. Approve Minutes of the August 2, 2012, Regular Meeting 5. Reminder of Public Comment Time 6. Community Concerns and Human Rights Issues a. Police Bias Crimes Report b. Other Reports 7. Old Business a. Work Plan Clarification and Committee Function b. Essay Contest Planning i. Set Special Meeting Date to Review and Select Essay Contest Winners ii. Set Awards Ceremony Date/Time/Location 8. New Business a. LMHRC Membership b. Charter for Compassion Presentation 9. Reports of Committee Members a. League of Minnesota Human Rights Commissions b. Constitutional Amendments Forum Event Recap c. Events Attended and Actions Related to Human Rights 10. Set HRC Meeting Schedule for 2013 11. Articles and Announcements 12. Adjournment Page 1 Attachment 1: Proposed Minutes for the Plymouth HRC Regular Meeting of August 2, 2012 Attachment 2: City Council Approved 2012 Work Plan and Goals Attachment 3: Email from Patricia Nelson on LMHRC Membership Dues Attachment 4: Memo from City Manager Ahrens on LMHRC Membership Dues Attachment 5: Email from Committee Member Guncheon to Mayor Slavik Attachment 6: 2012-2013 Monthly Calendars for Schedule Planning Attachment 7: Article "Jewish Community Relations Council Launches New Non -Profit: Tolerance in Motion" Page 2 City of Plymouth Adding Quality to Life October 2012 Modified on 09127112 CHANGES ARE NOTED IN RED Page 3 1 2 3 4 5 6 6:00 PM 6:30 PM CANCELLED HUMAN RIGHTS VOLUNTEER PLANNING COMMITTEE RECOGNITION COMMISSION AMENDMENT EVENT MEETING FORUM Plymouth Creek Council Chambers Plymouth Creek Center Center 7 8jjj� 9 7:00 PM 10 7:00 PM 11 7:00 PM 12 13 REGULAR COUNCIL ENVIRONMENTAL PARK Et REC 12:00-3:00 PM MEETING QUALITY ADVISORY FIRE DEPT. COLUMBUS DAY Council Chambers COMMITTEE COMMISSION OPEN HOUSE Observed (EQC) MEETING (PRAC) MEETING Fire Station III Council Chambers Plymouth PLYMOUTH PUBLIC Ice Center WORKS DIVISION CLOSED 14 15 16 17 7:00 PM 18 19 20 PLANNING COMMISSION MEETING Council Chambers 21 22 23 24 25 26 27 7:00 PM 7:00 PM REGULAR COUNCIL HRA MEETING MEETING Medicine Lake Room Council Chambers 28 29 30 31 6:00-8:00 PM Halloween on the Creek Plymouth Creek Center Modified on 09127112 CHANGES ARE NOTED IN RED Page 3 City of Plymouth Adding Quality to Life November 2012 Modified on 10/11/12 Page 4 1 2 3 7:00 PM HUMAN RIGHTS COMMITTEE MEETING Medicine Lake Room 4 5 6 MEE 7 8 9 10 7:00 PM GENERAL PLANNING ELECTION DAY COMMISSION MEETING Council Chambers Daylight Savings Time Ends 11 12 13 7:00 PM 14 7:00 PM 15 7:00 PM 16 17 VETERANS DAY REGULAR COUNCIL. ENVIRONMENTAL HRA MEETING 10:00 AM -5 PM VETERANS DAY Observed MEETING QUALITY Medicine Lake Room PLYMOUTH ARTS CITY OFFICES Council Chambers COMMITTEE FAIR CLOSED (EQC) MEETING Plymouth Creek Council Chambers Center 18 19 20 21 22 23 24 CANCELLED 12:00-5 PM PLANNING PLYMOUTH ARTS COMMISSION THANKSGIVING THANKSGIVING FAIR MEETING HOLIDAY HOLIDAY Plymouth Creek Center Council Chambers CITY OFFICES CITY OFFICES CLOSED CLOSED 25 26 27 28 29 30 7:00 PM 7:00 PM REGULAR COUNCIL PLYMOUTH MEETING ADVISORY Council Chambers COMMITTEE ON TRANSIT (PACT) MEETING Medicine Lake Room Modified on 10/11/12 Page 4 City of Plymouth Adding Quality to Life December 2012 Modified on 09127112 Page 5 1 2 3 4 5 7:00 PM 6 7 8 PLANNING 2:00-5:00 PM COMMISSION OLD FASHIONED MEETING CHRISTMAS Council Chambers Plymouth Historical Society Building Chanukah Begins at Sunset 9 10 11 12 7:00 PM 13 14 15 7:00 PM ENVIRONMENTAL 7:00 PM REGULAR COUNCIL QUALITY PARK tt REC MEETING COMMITTEE (EQC) ADVISORY Council Chambers MEETING COMMISSION Council Chambers (PRAC) MEETING 7:00 PM Council Chambers CHARTER COMMISSION ANNUAL MEETING Medicine Lake Room 16 17 18 19 20 21 22 7:00 PM PLANNING COMMISSION MEETING Council Chambers 23 24 CHRISTEVE AS 25 26 27 7:00 PM 28 29 HRA MEETING CITY / Medicine Lake Room OFFICES CHRISTMAS DAY LOSE AT 12:00 P CITY OFFICES CLOSED NEW YEAR'S EVE Modified on 09127112 Page 5 Tentative Schedule for City Council Agenda Items October 23, Regular, 7:00 p.m., Council Chambers • Announce Halloween on the Creek on October 31 • Announce Plymouth Pet Expo on November 3-4 • Announce Paint the Pavement 5K Fun Run/Walk on November 10 • Hearing for On -Sale Liquor and Sunday Liquor applications from Two Prix and a Princess, d/b/a Lucky's 13 Pub, 3000 Harbor Lane (formerly Axel's) • Approval of Tobacco License for Montecore, LLC, d/b/a MGM Wine and Spirits, 3900 Vinewood Lane North • Hearing on Off -Sale Liquor License application from Montecore, LLC, d/b/a MGM Wine and Spirits, 3900 Vinewood Lane North • Announce Photo Contest Winners • Hearing on Off -Sale 3.2 Liquor License application from Holiday Stationstores, Inc., d/b/a Holiday Stationstore #317, 2725 Campus Drive • Approve Joint Powers Agreement with the City of Hopkins for Records Management • Approve Payment No. 10 and Final, Deep Well No. 17 (10024) • Award Contract for Nature Canyon Erosion Repair (11023) • Award Contract for Salt Storage Facility (11035) • Approve agreement with Houston Engineering for MS4 Subscription • Approve Amendment to the 2011 Plymouth Park Land Exchange Agreement (2011058) November 13, Regular, 7:00 p.m., Council Chambers • Canvass 2012 General Election results • Announce Plymouth Arts Fair on November 17-18 • Approve City Council Calendar for 2013 November 27, Regular, 7:00 p.m., Council Chambers • Announce Old Fashioned Christmas on December 2 December 11, Regular, 7:00 p.m., Council Chambers • Recognize Police Citizen Academy Graduates • Announce New Year's Eve Event on December 31 • Public hearing on the 2013 Budget Note: Special Meeting topics have been set by Council; all other topics are tentative. Page 6 3 r OSSEO AREA ('HOOLS ISD (�� 279 CEAP Hennepin County, Osseo Area Schools, and Community Emergency Assistance Programs (CEAP) for the grand opening of the Northwest Family Service Center Take a tour of the facility, learn about the many services provided by the center, and visit the community partner information tables. 4 - 6 p.m. Facility tours, information tables and refreshments 5 p.m. Ceremony, first floor lobby - Page 7 PQnvuT1t FIRE -RESCUE PLYMOUTH FIRE DEPARTMENT 3400 Plymouth Boulevard Plymouth, Minnesota 55447 763-509-5120 FIRE -RESCUE INCIDENT OF INTEREST DATE: October 24, 2012 TIME: 3:49 a.m. ADDRESS: 10525 45" Avenue N. DETAILS: Plymouth Fire, along with auto aid from West Metro Fire, responded to a report of a vehicle fire and an apartment fire at the above address. Updates from Plymouth Police reported a working fire in the lower unit of the apartment. West Metro Chief 31 arrived and confirmed a vehicle fire in the parking lot and smoke visible in the apartment complex. Plymouth Chief Springer arrived and was advised by Plymouth Police that this was a potential arson fire. Chief Blake arrived and assumed command along with West Metro Chief 31. Captain Evenson arrived and assumed Interior Division. Plymouth Ladder 21 (Baker, Evans, Flores, Marti, R. Olson, Zappa) were assigned to the interior for fire extinguishment and primary search. Additional crews arrived and reported to the Deck. There was minor damage to the vehicle in the lot and fire damage was confined to the unit of origin in the apartment complex. There were no civilian or firefighter injuries. The fire was placed under control 14 -minutes following FD arrival. This call did not occur during duty crew hours of operation. RESPONSE TIME: 12 minutes ON -SCENE PLYMOUTH FIREFIGHTERS: 24 FIRE ORIGIN/CAUSE: Origin: Vehicle Apartment #1 Cause: Suspected arson ESTIMATED FIRE LOSS: $50,000.00 P.F.D. RESPONDING UNITS: Engine Companies: E-11, E-21, E-31 Ladder Companies: L-21, L-31, TW -11 Support Units: Rescue Companies: Chief Officers: Chief 2, 3 & 4 Mutual Aid: West Metro (Auto Aid) Wayzata (RIT; ASSISTING AGENCIES: EMS: North Yes Red Cross: Yes Salvation Army: No Public Works: No State FM: Yes INCIDENT MANAGEMENT: Command (Blake), Interior Division (Evenson), Deck (Luth), Senior Advisor (Springer). Page 8 PQnvuT1t FIRE -RESCUE PLYMOUTH FIRE DEPARTMENT 3400 Plymouth Boulevard Plymouth, Minnesota 55447 763-509-5120 FIRE -RESCUE INCIDENT OF INTEREST DATE: October 14, 2012 TIME: 1:04 a.m. ADDRESS: 15630 3rd Avenue. DETAILS: An apparent electrical malfunction within a wall space was the cause of an early morning house fire in south Plymouth. Upon arrival, Plymouth Captain 1 (Evenson) reported a story and one-half dwelling with a working fire in an interior wall. Evenson declared an Offensive mode of operation and transferred Command to Chief Kline. Ladder 31 (R. Berg, Cooper, Foley, Etzel, Hebert) were assigned to Interior Division, reporting to Plymouth Lieutenant Nordby. Tower 11 (Fasching, McCurdy, B. Johnson) assisted. Minnetonka Engine 8 established a water supply. Fire extinguishment and overhaul completed by Interior Division with damage to the electrical panel and surrounding structural wood and insulation. There were no civilian or firefighter injuries. The fire was placed under control 16 -minutes following FD arrival. This call did not occur during duty crew hours of operation. RESPONSE TIME: 15 minutes ON -SCENE PLYMOUTH FIREFIGHTERS: 16 FIRE ORIGIN/CAUSE: Origin: Interior Wall Cause: Electrical ESTIMATED FIRE LOSS: $2,000.00 P.F.D. RESPONDING UNITS: Engine Companies: Ladder Companies: L-21, L-31, TW -11 Support Units: Rescue Companies: Chief Officers: Chief 1 & 4 Mutual Aid: Minnetonka (Auto Aid) ASSISTING AGENCIES: EMS: North Yes Red Cross: No Salvation Army: No Public Works: No State FM: No INCIDENT MANAGEMENT: Command (Kline), Interior Division (Nordby), DECK (Mtka. Chief 5). Page 9 rp)City of Plymouth Adding Quality to Life October 26, 2012 SUBJECT: REQUEST FOR SITE PLAN AMENDMENT AND CONDITIONAL USE PERMIT AMENDMENT FOR AN EXPANSION AT SUNSET HILL ELEMENTARY SCHOOL (2012080) Dear Property Owner; Pursuant to the provisions of the Plymouth Zoning Ordinance, this letter is to inform you of a development application submitted by Independent School District #284, Wayzata Public Schools, under file no. 2012080, requesting approval of site plan amendment and conditional use permit amendment for an expansion at Sunset Hill Elementary School located at 13005 Sunset Trail North. Under the proposal, one building addition would be located in a courtyard in the center of the building. The second building addition would be located on the southeast side of the building. A map showing the location of the subject property is provided below. Hennepin County records indicate your property is located within 500 feet of the site of this proposal. You are hereby notified of, and cordially invited to attend a public hearing to be held by the Plymouth Planning Commission at 7:00 p.m., on Wednesday, November 7, 2012, in the Council Chambers at Plymouth City Hall, 3400 Plymouth Boulevard. The public will be invited to offer questions and comments concerning this application at that time, or feel free to call the city planning department at (763) 509-5450 for more information. You may also submit comments in writing. All written comments will become part of the public record. INFORMATION relating to this request may be examined at the community development information counter (lower level of City Hall), on Mondays and Wednesday through Friday from 8:00 a.m. to 4:30 p.m., and Tuesdays from 8:00 a.m. to 6:00 p.m., except holidays. Sincerely, Barbara G. Thomson, AICP Planning Manager P:4Plmuupg ApplkiliomTCNnl1ccMl2120120g0 prnrumfi ftca 3400 Plymouth Blvd • Plymouth, Minnesota 55447-1482 • TeL• 763-509-5000 • www.plymouthmn.gov rp)City of Plymouth Adding Quality to Life October 26, 2012 SUBJECT: REQUEST FOR A VARIANCE TO ALLOW A SECOND FREE-STANDING SIGN AT 3000 HARBOR LANE (2012083) Dear Property Owner: Pursuant to the provisions of the Plymouth Zoning Ordinance, this Ietter is to inform you of a request by Lucky's 13 Pub, under File No. 2012083, for a variance to allow a second free-standing sign at 3000 Harbor Lane. A map showing the location of the subject site is provided below. Hennepin County records indicate your property is located within 200 feet of the site of this request. You are hereby notified of, and cordially invited to attend a public meeting to be held by the Plymouth Planning Commission at 7:00 p.m., on Wednesday, November 7, 2012, in the Council Chambers at Plymouth City Hall, 3400 Plymouth Boulevard. The public will be invited to offer questions and comments concerning this application at that time, or feel free to call the city planning department at (763) 509-5450 for more information. You may also submit comments in writing. All written comments will become part of the public record. INFORMATION relating to this request may be examined at the community development information counter (lower level of City Hall), on Mondays and Wednesday through Friday from 8:00 a.m. to 4:30 p.m., and Tuesdays from 8:00 a.m. to 6:00 p.m., except holidays. Sincerely, Vtvvm kM Barbara G. Thomson, AICP Planning Manager PJPlanning ApplicationslPC Noticesl2012/2012083-propnotice 3400 Plymouth Blvd • Plymouth, Minnesota 55447-1482 • Tel: 763-509-5000 • www.ptymouthmn.govb�0 �� I+ age Plymouth�� Adding Quality to Life October 26, 2012 SUBJECT: REQUEST FOR PUD AMENDMENT FOR SIGNAGE AT THE WEST HEALTH CAMPUS LOCATED AT 3005 CAMPUS DRIVE (2012085) Dear Property Owner: Pursuant to the provisions of the Plymouth Zoning Ordinance, the city has recently received an application from Visual Communications, under File No. 2012085, requesting approval of an amendment to the approved PUD sign plan to allow two larger signs than previously approved to replace two existing signs. The affected signs are proposed near the main entries into the West Health campus along Campus Drive. The applicant is proposing to replace all the existing signage on the property but only the two affected signs would be larger than previously approved. A map showing the location of the subject property is provided below. Hennepin County records indicate your property is located within 750 feet of the site of this proposal. You are hereby notified of, and cordially invited to attend a public hearing to be held by the Plymouth Planning Commission at 7:00 p.m., on Wednesday, November 7, 2012, in the Council Chambers at the Plymouth City Hall, 3400 Plymouth Boulevard. The public will be invited to offer questions and comments concerning this application at that time, or feel free to call the city planning department at (763) 509-5450 for more information. You may submit comments in writing. All written comments will become part of the public record. INFORMATION relating to this request may be examined at the community development information counter (lower level of City Hall), on Mondays and Wednesday through Friday from 8:00 a.m. to 4:30 p.m., and Tuesdays from 8:00 a.m. to 6:00 p.m., except holidays. Sincerely, V�vv),- tvm�m Barbara G. Thomson, AICP Planning Manager notices/2011f2012085 pmpnotice.docx 3400 Plymouth Blvd • Plymouth, Minnesota 55447-9482 • Tel: 763-509 5000 • WWW.Plymouthmn.gov age City of irp) Plymouth Adding Quality to Life October 25, 2012 SUBJECT: HOME OCCUPATION LICENSE FOR DIANE KRUMP TO ALLOW A MASSAGE THERAPY BUSINESS OUT OF THE HOME (2012089) Dear Property Owner: This letter is written to inform you that Diane Krump, under file 2012089, is requesting a home occupation license to operate a massage therapy business out of the home located at 1410 Garland Lane North. A brief description of the request is attached. A home occupation license may be approved administratively. If you would like to comment on this proposal, please fill out the attached project description page and return it to the city in the enclosed self-addressed envelope no later than November 9, 2012. While a formal public hearing is not required, city regulations require that property owners be notified of such applications. IIennepin County records indicate your property is within 200 feet of the site of this proposal. Information related to the application as submitted by the petitioner is available for review at City Hall, 3400 Plymouth Boulevard, from 8:00 a.m. to 4:30 p.m. Mondays and Wednesday through Friday and 8:00 a.m. to 6:00 p.m. Tuesdays, except holidays. If you have any questions you may call Senior Planner Marie Darling (763) 509-5457. Sincerely, WVWNftW Barbara G. Thomson, AICP Planning Manager 0:IPLAMW0TICF.5% iwrVad—s_]HOPQo]252n12ag9Kmmp IIOLnoure.docc 3400 Plymouth Blvd • Plymouth, Minnesota 55447-1482 • Tel: 763-509-5000 • www.plymouthmn.gov Page 13 rp)City of October 23, 2412 Plymouth Adding Qyalfty Co Life To: Laurie Ahrens, City Manager Prepared by: Doran Cote, Director of Public Works Item: Lanewood Lane Traffic Calming Below is a summary of the traffic counts that have been performed on Lanewood Lane, north and south of Circle Park. VPD 85 Percentile (mph) North of Circle Park, 9/23/09 293 26.3 South of Circle Park, 9/23/09 268 25.8 North of Circle Park, 10/11/12 296 28.3 rthof Circle Park, 10/17/12 F 288 31.1 uth of Circle Park, 10/17/12 241 25.5 Based on this information, it does not appear there is a speeding or cut -through problem on Lanewood Lane and staff would not recommend installing additional traffic calming as petitioned by the neighborhood. Page 14 Larkin Homan ATTORNEYS June 18, 2012 Mayor Kelli Slavik 3325 Everest Court N. Minneapolis, MN 55447-1265 Council Member Jeffry Wosje 1760 Rainier Lane N. Minneapolis, MN 55447-2657 Council Member Ginny Black 11410 49th Place N. Minneapolis, MN 55442 Council Member Jim Willis 16511 26th Avenue N. Minneapolis, MN 55447-1803 Larkin Hofffinan Daly & Lindgren Ltd. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Minneapolis, Minnesota 55431-1194 GENERA: 952-835-3800 FAX: 952.896-3333 WEB: www.larkinhofFman.com Council Member Judy Johnson 4600 Jewel Lane Minneapolis, MN 55446 Council Member Bob Stein 2740 Medicine Ridge Road Minneapolis, MN 55441-3280 Council Member Tim Bildsoe 13830 52nd Avenue N. Minneapolis, MN 55446-1628 Re: Petition for Traffic Calming Improvements on Lanewood Lane; Our File 435,467-00 Dear Mayor and City Council Members: We represent Kurt and Julia Kvistberg who have prepared and circulated the enclosed Petition for Traffic Calming improvements on Lanewood Lane (the Petition). The Petition follows our appear4 nee at the Plymouth City Council meeting on May 22, 2012, in which we requested that the City Council order the installation of traffic calming improvements on Lanewood Lane. Specifically, the greatest consensus is around installation of four (4) speed humps adjacent to Circle Park; one approaching the park and one leaving the park in each direction. The location of the improvements is depicted on the drawing which is attached to the Petition. The Petition was signed by the owners of homes on 26 parcels on Lanewood Lane and represent a substantial majority of the owners concurring in the improvements. Given that time is of the essence since construction is now underway, we request that the City Council schedule this matter for discussion at its meeting of June 26, 2012 and order the traffic calming measures identified in the Petition. Julie Perrus of our office will represent the Kvistbergs and several property owners will also be in attendance and would like to be heard. Page 15 Mayor and City Council June 18, 2012 Pae 2 Thank you for.your consideration. Si rely, William C. Griffit , for Larkin Hoffman Daly i gren Ltd. Direct Dial: 952-896-3290 Direct Fax: 952-842-1729 Email: wgriffith(@,Iarkinhoffman.com Enclosure cc: Kurt and Julia Kvistberg Julie L. Perrus, Larkin Hoffman Roger Knutson, City Attorney Doran Coty; Departfaent`of Public Works Laurie Ahrens, City Manager Sandy Engdahl, City Clerk 1410703.1 Page 16 Petition For Traffic Calming Improvements on Lanewood Lane Plymouth, Minnesota, June 1, 2012. To the City Council of the City of Plymouth, Minnesota: We, the undersigned, owners of real property abutting on Lanewood Lane between Gleason Lake Drive (CR 15) and 9th Avenue North, hereby petition the City Council to order installation of traffic calming improvements to Lanewood Lane as part of the 2012 improvement project; such improvements are described as follows: four speed humps adjacent to Circle Park; one approaching the park and one leaving the park in each direction. Page 17 7. ��� Nowkin 311 Lanewood Lane 8. Eitreim 312 Lanewood Lane 9. J 1 Kvistberg 316 Lanewood Lane 10 Krupp 405 Lanewood Lane 11. Piroyan 435 Lanewood Lane 12. Perry 502 Lanewood Lane 13. 0' Lesser 506 Lanewood Lane 14. p p Aja kl' Akhigbe 605 Lanewood Lane 15, C-i/V1 Dunnagan Jungmann 620 Lanewood Lane 2. Page 18 16. Weekly 630 Lanewood Lane w wod 17. Schmidtke 715 Lanewood Lane 18. -7!20 Lanewood Lane iL3C) 19. Shields 800 Lanewood Lane 20 II -ONLanewood Lane 805 Otis 815 Lanewood Lane 21. Dt4 II Imwoodoompe 22. 2 3.�G �} t r� Lanewood Lane 12, -5c)5 Lanewood Lane X2 r Page 19 25 Lanewood Lane tc 26 Lanewood Lane 27 Lanewood Lane 4. Page 20 Examined, checked, and found to be signed by the owners of property affected by the petitioned improvement. 1408018.1 5. City Clerk Page 21 Page 22 MarketCommenta ry October 23, 2012 Variations on Refundings With longer-term interest rates for both taxable and tax-exempt bond issues remaining low, three topics concerning advance refundings are worth discussing: 1. Advance refundings of bond issues with call dates as late as 2018 are meeting policy and/or state law requirements. These refundings are usually for bond issues that still have 12 to 15 years until the final maturity. Some states, such as Minnesota, have laws that require a minimum 3.00% net present value (NPV) savings test for general obligation bonds (generally equal to the present value of the savings by divided by the present value of the refunded debt service), while some issuers have adopted policies with a 3.00% or 4.00% NPV savings threshold. These savings tests assume no restructuring of the issue to extend the weighted average maturity. It is important to discuss the merits of any refunding where proceeds will be placed in escrow. Many things can happen that would reduce or negate all of the savings between now and 2018. For example, will any revenues supporting debt service for the issue increase to a point that would allow full or partial prepayment prior to the call date? Do you have additional debt plans in the near future that may better be accomplished by combining the new issue with the refunding issue? We recommend thoughtful discussion on any advance refunding, but particularly for any in which an escrow lasts more than a few years. Negative arbitrage is an important factor to measure in an escrow. Even with very low interest rates on the new bonds (say 2% interest rate) the escrow is usually earning less than.5%. This 1.5% difference in the rate paid on the bonds and the investment rate is called negative arbitrage, and it requires that additional bonds be issued to fully fund the refunding. For advance refundings of bonds with call dates several years in the future, negative arbitrage can often be more than the total savings after all costs. Sometimes the best option is to wait and gather more information, particularly if you are uncertain about future borrowing needs, prepayments, or the amount of negative arbitrage. 2. Partial refundings to meet a 3.00% savings test, especially on advance refundings. Most bond issues can be pre -paid in part rather than in whole. Further, most of the savings for a bond issue are tied to the last several maturities (higher coupons than earlier maturities). Some issuers have utilized partial refundings to save enough money to meet minimum savings requirements, which typically involves leaving the shorter -term maturities in place. A partial refunding is a reasonable strategy as long as an issuer understands the complications of such a structure. The issuer will need to make two or E H LE RS E H L E RS0 BODTRUSrsER�> :SE i CE S IERDERSINPUBLIC flNgNCL INVESTMENT PARTNERS 800.552.1`171 800.717.0742 866.635.2533 Ehi^r5 Inc, Ehlers irwe tment Partner incl Bond Trost =ery cas re >� hs r.,. °ips o[ E111prs Hold. ing %omP, nage 23 rySIM`.: +. potentially three payments on bonds tied to the same project, where there was only one before. This is an administrative concern to make sure no payments are missed, but it is also a financial consideration because a paying agent or trustee will charge for each individual issue. 3. Taxable bonds to effect a second advance refunding. The Internal Revenue Code dictates that tax-exempt bonds can only be advance refunded a single time on a tax- exempt basis. Because the spreads between taxable and tax-exempt rates are historically narrow at certain points of the yield curve, taxable bonds are an option to provide savings for a second advance refunding. Taxable bonds have their advantages. Some (but not all) of the arbitrage limitations, such as the limitation on the amount earned on the bond fund, are less of a concern with taxable bonds. Taxable rates are more volatile, which should be factored into the savings estimates presented to a governing body when calling for a sale. Also, a sensitivity analysis comparing how much higher tax-exempt rates could be at the call date to generate the same NPV savings versus issuing taxable refunding bonds now would offer another method for evaluating the validity of this option for your particular situation. There is no one "right" way to undertake a refunding. Too often refundings are presented as risk-free with no disadvantages. Variations on traditional refundings offer opportunity and additional risks. We recommend you enter into a refunding with your eyes wide open and understand the advantages and the disadvantages associated with any financial decision. Rating Agencies Expanding Questions For many years we have observed that rating agencies focused on the performance of an issuer's general fund and did not spend much time on enterprise funds or other tax -supported funds. However, we have noticed a shift in recent rating agency conference calls. A Aaa-rated issuer was recently put on negative watch by a rating agency, in part due to concerns about operating losses for an enterprise fund that does not have any revenue supported debt. It is now more common for the rating analysts to ask more detailed questions about recreational facilities and sewer and water utilities. We recommend that issuers prepare for these types of questions before a call. We also recommend that issuers consider fund balance policies for enterprise funds to give more direction to the governing body with respect to appropriate levels of cash or reserves for these funds. Increased emphasis should also be placed on compliance with bond covenants for revenue debt, such as debt service reserve requirements and debt service coverage requirements. �; Jit: rbc Demand Remains High Interest rates are very stable. Rates are up slightly over the past two weeks — approximately 5 basis points (0.05%) for maturities of 20 years or less. Demand for non-bank qualified and bank qualified debt remains high, as demonstrated on the attached summary of competitive sales. Trends in Municipal Bond Yields October 5 to October 19, 2012 Source: * Thomson Reuters Municipal Market Data ** The Bond Buyer. Average yield on a portfolio of municipal bonds maturing in 20 years, with an average rating of AA/Aa2. October 5 2012 October 19,'2012 Chane AAA Yields* 5 Years 0.62% 0.67% 0.05% 10 Years 1.69% 1.74% 0.05% 20 Years 2.42% 2.46% 0.04% 30 Years 2.86% 2.86% 0.00% Bond Buyer 20 Bond Index** 3.61% 1 3.68% 1 0.07% Source: * Thomson Reuters Municipal Market Data ** The Bond Buyer. Average yield on a portfolio of municipal bonds maturing in 20 years, with an average rating of AA/Aa2. New boundaries for Wayzata schools? • Article by: NICK WOLTMAN , Special to the Star Tribune • Updated: October 23, 2012 - 11:22 AM Heavier growth in the northern part of the district in Plymouth has created an imbalance of elementary and middle -school students there. Wayzata school officials want to hear from parents in their district on how best to redraw enrollment boundaries for their increasingly crowded schools. The district will hold three public meetings over the next two weeks, during which officials will present area residents with a handful of scenarios being considered to redistribute students among its elementary and middle schools. This is the latest phase of an ongoing self -study intended to identify the causes and mitigate the effects of overcrowding in the district. Jim Westrum, Wayzata schools' executive director of finance and business, says the problem is especially pronounced in the district's seven elementary schools. While the district's 4,684 K-5 students do not exceed its maximum capacity of 4,806, they are unevenly distributed. Westrum said the pace of residential development in the northern half of the district has put the bulk of the pressure on schools in that area, while leaving those in the southern half of the district with relatively comfortable. Nowhere is this more obvious than at Plymouth Creek Elementary. Principal Sarabeth deNeui says she and her staff have had to get creative to accommodate their growing student body. Even after moving three sections of all -day kindergarten to available space at Central Middle School this fall, Plymouth Creek was left with 31 sections of students for its 29 classrooms. The solution was to consolidate four of these sections into two -- both sections with two teachers, to keep the student - teacher ratios within the district's guidelines. DeNeui says that although she doesn't believe these changes have affected the quality of the education, the new enrollment boundaries will be a welcome relief. In addition to easing the strain on schools like Plymouth Creek, Westrum says the new enrollment boundaries will align attendance areas with nearly $11 million worth of recently approved facilities upgrades, including 12 new classrooms -- four each at Greenwood, Oakwood and Sunset Hill elementary schools. Westrum hopes the public meetings will help area parents better understand the situation and give them a chance to examine the options laid out by the district and its consultant, Dennis Cheesebrow Page 26 of Teamworks International, Inc. Parents will even have a chance to draft their own proposals and present them to district representatives. Westrum says a similar community review process was used the last time the district redrew its enrollment boundaries six years ago. Vera Spanowsky had just moved into the district at that time, and her first child was attending kindergarten at Plymouth Creek. She doesn't remember the crowding being as bad then as it is now. "Plymouth Creek is now at the limit," Spanowsky said. "The building is just not made for that many kids." Now that her second child -- a second -grader -- is enrolled at Plymouth Creek, she's looking forward to this round of public meetings and hopes other parents will take advantage of the opportunity to voice their concerns. District officials will use the information gathered at these meetings when they make their recommendation to the school board in late November. The board will take action on the boundary changes at its regularly scheduled meeting on Dec. 10. Nick Woltman is a Twin Cities freelance writer Page 27 MEMO CITY OF PLYMOUTH 3400 Plymouth Boulevard Plymouth, MN 55447 DATE: October 24, 2012 TO: Laurie Ahrens, City Manager FROM: Doran Cote, P.E., Director of Public Works SUBJECT: 2012/2013 WINTER SNOW PLOWING As you may recall, in 2005 we made some adjustments to our plowing routes with the intention of providing the highest level of service on those roadways that serve the greatest number of residents and other motorists. In July, 2007 the City Council approved the Policy on Sanding and Removal of Ice and Snow from City Maintained Street System (copy attached) that was modified to reflect these changes. Once again for the upcoming snow season, our first priority is plowing and chemically treating those roadways with a functional classification of minor collector or higher as depicted in the current Transportation Plan section of the Comprehensive Plan. These primary routes are depicted by the heavy blue lines on the attached Plow Priority Map. Once the priority one routes are generally free of ice and snow, we will begin plowing and chemically treating other higher functioning streets in neighborhoods, as well as addressing any areas that need special attention (hills, curves, etc.). These secondary routes are depicted by the narrow green lines on the attached Plow Priority Map. Our city-wide snow plowing threshold is when there is a Snow Emergency as defined in Plymouth City Code, Section 1310.05 Subd. 5. When there is a snowfall of at least 2-1/2 inches in any given event, we will begin city-wide snow plowing, normally starting at between 2:00 a.m. and 4:00 a.m. This gives us roughly 8-10 hours to clear snow de-ice the higher volume roads before rush hour. Normally, the Public Safety deck parking and underground parking drive aisles are plowed as part of the plow route nearest to City Hall. Since the Police Department is a 24-hour operation, police personal vehicles are often scattered about on the parking deck which makes snow removal very difficult and time consuming and our snow removal operations may not always be PRgge28 timely or provide an adequate level of service for these areas, especially during the early morning hours. In order to maintain adequate emergency response during snow emergencies, night shift police employees will now be allowed to park personal vehicles in the underground parking in order to keep the Public Safety deck free of vehicles to expedite plowing operations. In addition, the Police Department will be provided with the 2012-2013 Snow Removal Contractors List so that they may call to have the Public Safety deck parking and underground parking drive aisles plowed as needed prior to the start of our snow removal operations. The attached City Hall parking plan depicting the areas to be plowed will be provided to the contractors as needed. attachment: Policy on Sanding and Removal of Ice and Snow from City Maintained Street System Plow Priority Map 2012-2013 Snow Removal Contractors List City Hall Parking Plan cc: Gary Smith, Street Supervisor Torrey Keith, Street Lead Worker Scott Newberger, Utilities Manager PRgge22 irp���y of POLICY ON SANDING AND THE REMOVAL OF ICE Plymouth AND SNOW FROM CITY MAINTAINED STREET Adding Quality to Life SYSTEM General The City annually budgets funds for the removal of ice and snow from the city maintained street system. It is the policy of the City to remove ice and snow in order to provide for the passage of emergency vehicles and safe travel for the greatest number of vehicles in a cost effective manner and within the constraints created by funding, equipment and personnel. Policy Each year the Public Works Department, Street Maintenance Division, prepares a map of the City showing the city maintained street system. The City is divided into routes in which ice control and snow removal will be performed by City employees and private firms under contract to the City. The routes are periodically revised to correspond with budgetary, equipment and personnel resources available. Within each route, the major streets, which are defined as those roadways with a functional classification of minor collector or higher order in the current Transportation Plan section of the Comprehensive Plan, as well as areas of steep grades that require extra care are identified. Equipment is assigned for the control of ice and snow. The start of ice and snow control operations for any storm is dependent upon immediate and anticipated conditions. The most critical time periods are weekday morning and evening rush - hours. When feasible, the City will attempt to remove ice and snow from city maintained major streets prior to these rush hour periods. Normally major streets and hazardous areas are done first. Once the priority areas have been plowed and opened, the remaining streets in the residential, commercial and industrial areas will be plowed and sanded. Under severe conditions or where weather patterns suggest additional ice and snow, street may not be plowed "full width" and residential areas may be delayed. Normally within 24 hours after the City maintained street system is opened, the street maintenance division will proceed with the final plowing and clearing of residual ice and snow. Procedures The Superintendent of Streets and Fleet and Street Supervisor with the assistance of the Plymouth Police Department, citizen and employee input will identify particular street problem areas which may vary from storm to storm and season to season. Public Work Maintenance employees are then notified in accordance with the Public Works Department schedule for emergency calls and the removal of ice and snow will commence. Exceptions In the event of equipment failure, extreme snowfall or other unanticipated events including the necessity of resting snowplow crews, deviation from these standards may be appropriate. Mailboxes Pftge36 In those instances in which the U.S. Postal Service does not provide door to door delivery, it is necessary for property owners to install mailboxes on city owned right-of-way immediately adjacent to the street curb. While the installation of mailboxes on City owned right-of-way is permitted, the mailbox owner assumes all risk of damage except where a mailbox is damaged through contact by snow removal vehicles. If a mailbox is damaged due to direct contact by a snow removal vehicle, the City, at its option, will repair or replace at a cost not to exceed $100. If a mailbox is damaged due to indirect contact, including the force of snow generated by the snow removal vehicle, the City will assume no responsibility. Utility Structures Except as otherwise provided in any license or franchise agreement, the City will only be responsible for damage to utility pedestals and transformers within the right-of-way resulting from direct contact by City snow and ice removal equipment. City liability shall be limited to actual costs to repair the damages as documented by invoices submitted to the City by the utility. Landscaping Landscaping, including nursery and inanimate materials that are installed or encroach on City owned right-of-way are permitted but the owner assumes all risk of damage. The City will assume no responsibility for damages incurred as the result of snow removal and ice control activities except that the City, at its option, will repair or replace sod only on City owned right- of-way that is removed as the result of plowing activities. Lawn Sprinkling and Lighting Systems The City will assume no responsibility for damage to exterior lighting systems and similar landscaping installed in City owned right-of-way. The City will reimburse the property owner $35 per sprinkler head for damage to underground sprinkling systems resulting from direct contact with City snow removal equipment. Snow Storage Ongoing snow and ice control efforts require the use of City owned right-of-ways and easements for storage of plowed snow. Depending upon the volume of snow, storage within right-of-way could create sight obstruction at intersections, because it is impossible financially and practically to remove all snow from intersection corners. Responsibility The Superintendent of Streets and Fleet and Street Supervisor with the assistance of the Police Department, will monitor the street conditions to determine the timing and number of crews and independent contractors necessary to clear the City maintained public street system. Unusual Circumstances The City Manager or his or her designee is authorized to depart from this policy to settle unusual claims when circumstances warrant, as determined by the City Manager. These unusual situations shall be handled in a manner similar to the way other claims against the City are handled. 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INFORMATION SHOULD BE FIELD VERIFIED AND COMPARED WITH ORINGIAL SOURCE DOCUMENTS. .mxd- M:\Ply_gis\Projects\Published Maps\Street Plow Priority.mxd ArcReader- M:\Ply_gis\Projects\Street Plow Priority.pmf Legend Plow Classification First Priority Streets Second Priority Streets V Contractor Plowed Lakes City Boundary ■ City Hall & Maintenance + Fire Stations • Library It HRA Buildings Park Facilities t Places of Worship • Post Offices Schools Transit Facilities PfggeH 11 `l r UliTw TURNAROUND SEE SHEET 3.1 y--------------------- ----- ----------r--- ------- - 7 r DRAAAAGE L LIT1LiTY _ - 1 1 - L - - _ - - - - �, \ lilt �r ID+ t EASEMENT (PER PIAT)AL 5 �i' ilft. w 90 1 44 4f. 14 ss. 9612 CURB AND \ FEET 1 l + 7#' DF ICE SCALE IN 1 Iti0 1 { . RETAINING WALLS G1ITTER WR'li NO FACE �: ��. -wor or ICE 1 ft.-%W.LALI GRADING LIMITS •, /-PARKING t , .f + PAVERS�2 �► _ 1 R1`�5•]6' 't % Alit AL �J %441` 812 Ger R48.32' PO4��,, i I f 361.2 G +n "- \ SEE PAVING PLAN FOR PAVEMENT TYPES ALL 1 \ PARKING // 9..00' AL iQ ARCH CdS PLANS/ 1 � yAy�y GU ER R106,67 ' I 1 ARM ® 9.Q0' ~\ 819.00' R4.D0' MTUWNO(JS PARKING �,rs c e \ A`. fi PUBLICa 81.33' SAFETY ^ 6612 G�eG d, / ADDITION ' 84.00' 4" CURB CUTS` r. Y•}A 3 ICAL) 2..00' f' � �i*•a \. ro <;;,, R t - rC 840.33` tF 856.67 a R2.00' y 3-33 R ,34" yy PUBLICa� \\ r SAFETY yy ITU D VE NT 89.33' BUILDING 1 F CO R E N R30D" y KSAW CUT AN ANO' CUR )N CTION MOJE BITUMINOUS RY h y PAVEMENT FOR �i CURB TRANWION 83.00' r� S%`'- BRXK/ B612 G&C RETAIMIAfG 83.00' . R12.00' WALLS 1� 1 SIDEWALK 'b� � 15• 84.33' f SEE STD PLATE � R STRr6A FOR 1#(8.1}0' % ,✓' =� \ R3.00' f CONCRETE ONET APRON C 1 FRONT R1,33' f/ j( BlTuNINGUs! 1 e o ENTRANCE r �'•, /f ' /1 83.00" a e b ADDITION . R4-33' !' + / A W OUT RE#M RB -Da' '� ""CRETE API ✓ 1 'f C UCrON \ l 1 PLYMOUTH Y / �s R9.33' If t- CITY HALL h \f, SAW CUT AND REMOVE ti 1 825.93' ADMINISTRATION � PIP R VINNOUS PAVEMENT \\ti '! J 1 + A4' R3.O0' !'Z CONSTRUCTION •., �, 850.93' c ! Ol. IMF 4& `k. GAG ! r VE R9.3 ' r R3.OD' Qj6,. j �! en us PAVEMND ENT SONO APRON EMPLOYEE PARKING CITY VEHICLES CtuvCREr£ var#D ! 1 44. CONSTRUCTION NOTES \ '- r ■� o _ 1. COORDINATE LAYOUT FILE FOR SURVEY STAKING M /j R7.33' `t.`� _ 1 ` BE AVAILABLE FROM ARCHITECT, r-` EASEMEN 5 UTILITY) 2, SEE SHEET C3.1 FDR SITE PAVING AND SPOT EASEMENT (PER PLAT) �3 f t S ��.,I'_- I r ELEVATION PLAN,44A-g Q� 8 j l 3. ALL CURB AND GU77EEI! IRM MONS ARE TO BACK CURB UNLESS OTHERWISE OTHER WISE NOTED. ALL C'T6-M44� Tm CAAC ry mVAR EARTH TUN \\ \ SEE SHEET 3.1 � �- - °------------�-------------------- .--_-------_----_ DRAINAGE 4 UTILITY -------_-----------,---- _ 1Q{/ EASENEN'T (PER PLAT)�� PNS illi w / 0 30 60 90 y t �� \ rn ' + r �` nt t86, 2 CURB AND - 70P OF ICE SCALE IN 5 _ FEET RETAINING WALLS GUTTER WITH NO FACE JRA_ ACEI� y f mC£ Ge 44,57' AlL GRADING LIMITS SPARKING 1� eCK PRAIs� i tt.76' .` �. 1 = �• ,.� \. ,j 8612 GdeG � ;� ^ ` AL Ole l JJJ R48 32' g6t2 GL�G �° r ` FSEE PAVING PLAN OR PAVEMENT TYPES 4\\\ e i 5ti / PARK+NG RAMP R 9.D0' YALIEY `� ilL TO ARCHITECTS PLANS d Gam. $ AR.•f R9.00' 8106.87 k�-44 -1-A\ R19.00' R4.00' �4jC',G'bs`c BITUMINOUS PARKING + H1.33' c , PUBLICt� gall /�. N 8612 G&G SAFETY Ra. ���f24,`�P� \ ti Fy�9r ADDITION 84.Sye / 00' r 4' CURB CUT Z1S �n (1` �" Ir Y, j* 3' ICAL} G�l�$L�4c'r .P �,, ��'•. + a R t i�,p rA R40.33' rf f,P rdf re R66.6Y v �J �`� ,Olty R- .34' PUBLIC 1 Y SAFETY \ N 89.33' BUILDING I! SAW CUT AN R RgMBITUMINOUS \ ,, AN Cil ON OVE Nr 1, \ PAVEMENT FOR���!$• \'��� / / `L• �SOURB TRANSITION 83.00' 00' .27' \ -�BRfGK R3.00` RETAINING Cr ` 12;00' WALLS SIDEWALK r`s �i \ 84.33' i SEE SID PLATE \ FOR R3.DO` R f9�6' 7.. CONCRETE APRON\ R8.00' ..1 ;• / r' (TYPICAL) , ►.. % R, 06.00', i ` 1 FRONT M° Rf.33° wi o ENTRANCE ry BITUMINOUS ADDITION �,/ R4.33' �/ A� /1 83.00^ n � / W CUT D REM e:.R9 00 / FOR CINUO CR.ETTEA AMPI CpFfSTFiUCTION y1 PLYMOUTH ` CITY HALL y fy ADMINISTRATION w ! SAW CUT AND REMOVE % 1 R25.93' BITUMINOUS PAVEMENT �� �/ / + 4 R3.00' ! FOR VALLEY GUTTERi \ R50.93' lO� CONSTRUCTION � _ 89.33•. SAw CUT R3.00' 6�R' /� BrrumwDUSNPAVEMENT A,r 0 y�,ry� � /r FORtONCREdE APRON !!1/ j j � cgl6srRiacnoN CLINCRETE PA71U r r wFg4C CONSTRUCTIQN R7.33" '_ COORDINATE LAYOUT FILE FOR SURVEY STAKING M ` 87.33` ��� ! ,TI I j ��l BE AVAILABLE FROM ARCHITECT. r,,DRAINGE U71LLITYPLAF�~�1 r /� j/R�� 2. SEE SHEET C'-1 FOR 511LPAVINGANC SPOT EASETELEVATION PLAN. I I I r p ARE TO SACK / Zqt /�r� r 3. ALL CURB AND Gl1TTEFt bl� ,° CURB UNLESS OTHERWISE OTHER WISE NOTED. ALL eTt3irliir --M—C rn CAIC ni (•IIfiR P/y�►e�t/��etre//rid Approved Minutes Plymouth Advisory Committee on Transit (PACT) Wednesday, May 23, 2012 at 7:00 p.m. Committee Members Present: Council Member Bildsoe, Bliss, Britton, Gustafson, Kedzuf (Chair), Scherschligt, and Council Member Wosje. Staff Present: Plymouth Transit Manager Hellekson, Plymouth Transit Coordinator Maciej, and First Transit Representatives Baldwin and Buharin. Guests: Students from Maple Grove High School; PRISM staff; James Clark, Messerli & Kramer; Jonathan Ehrlich, Metropolitan Transportation Services. MOTION by Council Member Wosje to call the meeting to order. MOTION approved. Chair Kedzuf called the meeting to order at 7:00 p.m. Introductions Approval of Agenda MOTION by Council Member Wosje to approve the agenda. MOTION approved. Approval of Meeting Minutes MOTION by Council Member Bildsoe to approve the minutes. MOTION approved. Legislative Update by James Clark, Messerli and Kramer, Suburban Transit Association (STA) representative. Mr. Clark discussed the efforts made by himself, Sherry Munyon (Capitol Access) and the Suburban Transit Association on behalf of the suburban transit providers during the 2011-2012 legislative session. One of the STA goals was to increase the percentage of State Motor Vehicle Sales Tax (MVST) from 3.74% to 3.75%. This is a primary source of revenue to suburban providers. That bill did not pass. The Metropolitan Council allocated $4.2 in the Regional Transit Bonding bill for four of the six suburban providers (Maple Grove, Plymouth, Prior Lake, and Shakopee), which were negatively affected by the previous legislative session when operating funds were greatly reduced. Plymouth may receive $1 million in capital funds to replace operating funds taken from reserves. Met Council has not responded on the rules attached to the $1 million capital funding other than they must be used for transit capital projects already in the Met Council CIP. Mr. Clark discussed other bills that were not passed, but provided headway for future bills, including Metropolitan governance of regional transit. PACT May 25, 2012 Minutes (Approved 8-22-12) Page I 1 of 3 Page 3 5 Committee Member Bliss recommended that a summary about Station 73 be added to the Annual Transit Report. Manager Hellekson commented that the Station 73 summary is on the second page the Annual Transit Report. The committee recommended the Annual Transit Report to City Council. Mr. Clark left the meeting. Travel Behavior Inventory Survey Results, Jonathan Ehrlich, PE, Metropolitan Transportation Services Mr. Ehrlich demonstrated the efficacy of the survey given by Metropolitan Transportation Services every decade in the region. The survey results are used to update the regional forecast models in the 19 county area, including the 2030 Plan and the 2040 Plan. In 2010, the survey included two routes in Plymouth. Mr. Ehrlich compared the regional results of the survey to Plymouth's results. Committee members asked Mr. Ehrlich to provide additional information comparing Plymouth to other suburban providers and to the region. He stated that the Plymouth transit system is unique and that shows in the survey results. Transit surveys are conducted in the fall for consistency and the best response rate. Mr. Ehrlich and the students left the meeting. Transit system review and recommendation to City Council Mr. Buharin presented the reworked PowerPoint regarding the five plans. Eight months ago the City Council gave the Committee direction and asked the Committee to look at reductions in service. The Committee focused on service plans that used existing system resources, balanced optimistic outlook with a 5 -year and 10 -year window in which more resources may be available. The five plans have a modest expansion, a lesser expansion, a severe reduction, and very severe reduction of service. The plans focus primarily on fixed routes and Station 73. Committee members discussed differences between Plan 2 and Plan 3, costs, impacts on the schedule and current riders, and ridership in the system. MOTION by Committee Member Gustafson to accept all five plans for discussion and presentation. Council Member Bildsoe seconded. MOTION Approved. There was discussion regarding which plan to recommend to City Council. The purpose will be to attract new riders for any additional routes. Additional cost to Plan 2 and a potential disruption to the current riders and schedule. Plan 3 is a lesser cost than Plan 2, but still an additional cost without the disruption to a current schedule and current riders. Plan 3 adds service between Station 73 and downtown during peak service. The Committee should recommend one of the five options. MOTION by Council Member Wosje to recommend Plan 3 to City Council. Committee Member Britton expressed that she will abstain from any recommendation due to her short term on the Committee. PACT May 25, 2012 Minutes (Approved 8-22-12) Page 1 2 of 3 Page 36 Council Member Bildsoe said that if Station 73 is full, then the intent of this initiative is successful. Council Member Wosje said that then they can move to Plan 2 or Plan 1. He asked that staff develop a six month objective for usage at Station 73. Buharin said we can't compromise the ridership or fare box recovery of the system by throwing buses at Station 73. Council Member Bildsoe called the question. MOTION approved. Committee members will independently review performance measurements and customer service logs. Future meeting schedule and community updates MOTION by Chair Kedzuf to move the June 27 working session to June 6 at 6pm. Manager Hellekson reminded the Committee Members of Music in Plymouth Tuesday, July 3. Plymouth Metrolink will provide service that evening to satellite locations. Identify areas of concern and recommendations Chair Kedzuf stated that a bus was using the shoulder on I-494 south of I-394. Staff responded that I-494 is permitted for that use in that location. MOTION by Committee Member Bliss to adjourn. MOTION approved. Regular meeting adjourned at 9:45 p.m. PACT May 25, 2012 Minutes (Approved 8-22-12) P age 13 of 3 Page 37 PROPOSED MINUTES PLYMOUTH HUMAN RIGHTS COMMITTEE Regular Meeting of August 2, 2012 COMMITTEE MEMBERS PRESENT: Alden, Goldstein, Guncheon, Qureshi, Slavik, Stein, Trites-Rolle COMMITTEE MEMBERS ABSENT: None STAFF PRESENT: Office Support Representative Lanthier CITIZENS PRESENT: Jordan Langer, Virginia Klevorn, Paul Klevorn, Erin Callahan of the Plymouth Hennepin County Library, Kris Stoffel, Stefanie Briggs of the Plymouth Patch, Susan Micks, Kelly Smith of the Star Tribune, Leah Solo of Minnesotans United for All Families, Jim McKee, Don Untiedt, Phil Duran of OutFront Minnesota 1. Call to Order Chair Trites Rolle called the meeting to order at 7:02 p.m. 2. Introductions No introductions were made. 3. Approve Agenda It was moved by Member Slavik, seconded by Member Alden, to approve the agenda as proposed. With all members voting in favor, the motion carried. 4. Approve Minutes of the May 3, 2012, Regular Meeting Member Guncheon asked that the last sentence of paragraph 3 under Item 5. b. on page 2 be struck and replaced with the following: Member Guncheon stated he would be interested in inviting an NHHSC representative to make a presentation to the Plymouth Human Rights Committee. Proposed Human Rights Committee Minutes Page 1 of 14 Regular Meeting of August 2, 2012 Page 38 Chair Trites Rolle recommended a correction to the spelling of the word statute in the first sentence of paragraph 1 under Item 8. a. on page 7. It was moved by Member Goldstein, seconded by Member Stein, to approve the minutes as amended. With all members voting in favor, the motion carried. 5. Incorporating Public Comment Time into Meeting Structure Chair Trites Rolle recommended the Committee structure their meetings for better flow. She proposed setting aside time for public comments. She explained the purpose for her proposal is to ensure the Committee gets through all of their agenda topics in a timely fashion and to be able to hear from the public in a constructive way. After discussion by Committee members, it was decided the Committee would invite public comment during each topic with a five-minute time limit per person. Citizen Paul Klevorn asked Chair Trites Rolle if the Committee has By Laws. Chair Trites Rolle responded yes, but the Committee was directed that those By Laws are not something the Committee should necessarily follow. Chair Trites Rolle then asked if there were any citizens present who would like to raise issues with the Committee that is not on the agenda. No one responded. 6. Reports of Committee Members a. League of Minnesota Human Rights Commissions (LMHRC) Member Alden introduced herself as the District Director for the LMHRC. She stated her role as a League member is to share with the Plymouth HRC what the LMHRC is currently working on. Member Alden stated the League passed three resolutions on May 15, 2012. One was on bullying and harassment, the second was on bias hate crimes and the third was on the voter ID amendment to the Minnesota State Constitution. In addition to those resolutions, the LMHRC also sent out a resolution regarding the marriage amendment. There is also a resolution by the City of Grand Rapids HRC regarding an article that was sent to the newspaper and the LMHRC's position on the marriage amendment. Member Alden informed the Committee that the LMHRC has taken over its own website, which affords the opportunity to spread statewide information regarding human rights. The previous website was formerly maintained by the University of Minnesota. Member Alden indicated she is concerned that the Plymouth HRC is not a member of the LMHRC. Plymouth did not continue their membership even though they had been Proposed Human Rights Committee Minutes Page 2 of 14 Regular Meeting of August 2, 2012 Page 39 members in years previous. Member Alden stated the fee is only $55. She asked what she could do to help promote the Committee's membership in the League and stated she would like to encourage the Committee's participation so they may stand with other members throughout the state in recognition of human rights issues. Member Goldstein spoke on behalf of City Manager Ahrens to answer Member Alden's question about the LMHRC membership. He stated that last fall or early winter it was decided that the city would no longer participate in not only the LMHRC membership, but also in other commission and board memberships that the city was involved with. Because the city already has a representative for the Plymouth HRC at the state level, the city decided to withdraw its membership. Even though the LMHRC membership was a minor fee, there were others that were far more significant. Member Alden stated that the decision was made at the last League meeting that Plymouth would be welcome to participate in the essay contest despite the fact that the Plymouth HRC is no longer a member. She asked that the Committee reconsider their membership in the League and to have a prudent conversation as to the value for Plymouth to be present. She stated it puts her in an awkward position to be at LMHRC meetings without a proper welcome from the city she represents. She said the Committee should be able to do something to raise the $55 membership fee. Member Alden stated that she would like to see this membership issue on a future HRC agenda. Member Guncheon thanked Member Alden for her service with the LMHRC and agreed that it must be uncomfortable for her. He stated that $55 is a minimal fee amount. He stated the essay contest alone is a valuable exercise for the community and felt that it is not good for Plymouth to participate in it, yet not support the organization that runs it. Chair Trites Rolle stated the Committee understands that budgeting is a tough function for the city, but she thinks that it would be very meaningful to the Plymouth HRC to reestablish its membership with the League. She stated the Committee should have another discussion about this between now and the next meeting or at the next meeting, particularly if City Manager Ahrens is able to join at that meeting. Member Alden added that she thinks there are important things happening in Plymouth, and the Plymouth HRC can promote what it's doing on the League's new website, which will add to the ethics of the Committee's work in the community. Member Goldstein commented that whether or not the Plymouth HRC becomes a member in the future, nothing precludes the Committee from participating in the essay contest because they could sponsor it themselves. The essays simply wouldn't go to the League for final review; the Plymouth HRC would be the final review body and make the awards. Member Slavik added that when the Council considered this action, they did not pull out a single item; rather, it was with a group of memberships they did not renew. They did not discuss costs. In a subsequent conversation with the City Manager, Member Slavik Proposed Human Rights Committee Minutes Page 3 of 14 Regular Meeting of August 2, 2012 Page 40 stated she was under the impression that the membership fee was more than $55. She indicated she would like to clarify that. She will take the recommendation the Committee makes, but she would like to find out what the number is before she would be comfortable voting on it. She felt she didn't have all the information to make a decision and cast a vote. Member Alden stated she got the fee amount from the League treasurer, but stated she understood Member Slavik's request for documentation and indicated she would get it in writing from the League's elected officials. She said she would make sure that information gets delivered to City Manager Ahrens. It was moved by Member Guncheon, seconded by Chair Trites Rolle, to have the City Council reconsider membership in the LMHRC and to afford the Plymouth HRC the opportunity to provide reasons as to why membership is valuable to the Committee. With all members voting in favor, the motion carried. b. Events Attended and Actions Related to Human Rights Chair Trites Rolle reported that she attended Music in Plymouth to represent the Plymouth HRC. She stated a lot of people stopped by and commented that they were glad the HRC was there. They were interested in the fact that Plymouth had a human rights committee, and people took handouts. One person commented on how far back the HRC booth was located. Members Qureshi and Alden reported on the Farmers Market they attended on behalf of the Plymouth HRC. They were well received and had a very good spot. Member Qureshi indicated there were two community tables set up for use by the city and they were directed to sit at one of those tables. Member Alden stated there is an annual LMHRC meeting in December that is currently still being planned. It will be held in the new building being built in North Minneapolis. People around the state will be attending this meeting, and Member Alden reported she will be attending as a member of the Plymouth HRC. She also reported that the Minnesota Department of Human Rights will not be holding a conference again this year. 7. Community Concerns and Human Rights Issues a. Police Bias Crimes Report Member Goldstein reported there were two bias crime incidents. One involved some minor damage in early July caused by vulgar language and inappropriate graphics spray painted on a resident's driveway. There was also some spray painting down the block on a tree. It appeared to be the same color paint that was used on the victim's driveway. There are no solvability factors. The victims were satisfied with the police response, and they did not feel it was a specific threat targeted at them. Proposed Human Rights Committee Minutes Page 4 of 14 Regular Meeting of August 2, 2012 Page 41 The other incident, again in early July, involved some patrons inside a local gas station buying food when some other patrons came in and started to interact with the original group. Words were exchanged and a fight ensued. The combatants articulated their dismay for this other group based on their race. There was some name calling. As police were responding, the perpetrators sped away in a van and crashed. The occupants sustained minor injuries. They were subsequently charged with the appropriate crimes, and the case has been sent to the City Attorney's office for review. Member Goldstein explained it was an isolated incident and that the perpetrators were from another city. b. Other Reports Chair Trites Rolle invited the public to speak on issues they felt related to this agenda item. Ms. Klevorn brought up that there has been a man standing on the street corner in front of City Hall with a sign that states the Plymouth Parks and Recreation Department discriminates. Ms. Klevorn was wondering if the Plymouth HRC was made aware of that and inquired as to how this is being addressed. Member Slavik explained that the situation is an employment issue where the gentleman was not satisfied with the city's response to a letter he submitted. She explained he felt he was being discriminated against because he wasn't rehired as a seasonal employee and he's a veteran. The city has gone out to have conversations with him and has provided a response to him. 8. Old Business a. Domestic Partner Registration Ordinance — Final Committee Discussion and Vote Chair Trites Rolle informed the Committee that she invited Phil Duran of OutFront Minnesota to tonight's meeting to answer any questions the Committee members may have or to recap Mr. Duran's presentation from the November 3, 2011, HRC meeting. Member Alden stated she pulled together attachment #7 from the recent LMHRC meeting. She stated the Domestic Partner Registry is to provide a means by which unmarried, committed couples who reside in Plymouth and who share a life and home together may document their relationship. She stated this is the definition of a domestic partnership. She pointed out she listed all the communities that have approved a Domestic Partner Registration ordinance, along with the year it was done, their filing fees and the number of domestic partners registered in these various communities. She indicated she thought this attachment would be helpful in clarifying their conversation. Mr. Duran stated the 19th community to pass a Domestic Partner Registration ordinance was Northfield and they did so approximately 6 weeks ago. There are about 1,900 couples throughout the state who are taking advantage of domestic partner registrations. Proposed Human Rights Committee Minutes Page 5 of 14 Regular Meeting of August 2, 2012 Page 42 Chair Trites Rolle stated that Member Goldstein received one email and she received four emails from residents of Plymouth in favor of the Domestic Partner Registration ordinance. No voices of opposition were received by the Committee. Chair Trites Rolle opened the topic for public comment from the citizens present. Don Untiedt stated that he and his partner, Jim McKee, have been residents of Plymouth since 2004. When he and his partner met and decided to share their lives together, they looked for a progressive community in which to reside. Even though they were apprehensive about being accepted, the first week they moved in a neighbor invited them to a neighborhood family picnic. They attended, and at the end of the evening the neighbor who invited them said, "We're so glad you came. Welcome to the neighborhood. We are a neighborhood of `live and let live' people." Mr. Untiedt stated they could not have asked for a finer endorsement. He would like to think that all of Plymouth is that way in welcoming gay people. Mr. Untiedt noted that his partner's employer has provisions that enable registered domestic partners to qualify for health benefits. He also stated he is eligible to buy life insurance as a registered domestic partner and submitted a copy of the insurance provisions for the Committee to review. Mr. Untiedt finished by saying he would like to encourage the passing of a Domestic Partner Registration ordinance in order to draw people to the community. Kris Stoffel said that she and her partner of 22 monogamous, committed years have been residents of Plymouth since 1996. They consider themselves married. She said their neighbors have always been welcoming, but the passing of this ordinance would make a statement to solidify the welcome. She felt the ordinance would not offer any financial benefits in her situation because her employer already provides health benefits to domestic partners. She said she was able to prove her partnership to her employer through other means. She stated that it is important for all of society to acknowledge that gays have rights and, ultimately, they have the right to be with their partners in the hospital. Even though health care directives give you that right, Ms. Stoffel stated there is something to be said for the freedom of acceptance that just makes it easier. She pointed out whether you're heterosexual or gay; most people don't carry health care directives in their back pockets. She mentioned that however financially sound it may be for a heterosexual couple to choose not to get married, they do have that the option; yet as a gay, she does not have that option. Ms. Stoffel said she would be the first one to sign up if this ordinance is passed. Paul Klevom made reference to the civil rights movement where a lot of politicians said some really racists things about black people. He indicated that we reflect back on those words today and wonder how those things could have possibly been said. He stated that as a Committee and as a City, and as Mayor and Councilmember, they have an opportunity to be on the right side of history. He stated if they choose not to do this because they feel it's not important or because it makes them uncomfortable, people will look back, see what they did and say they were intolerant and idiots regardless of how they may or may not have actually felt. Mr. Klevorn asked the Committee to think about how they will be perceived by their children and grandchildren because people who are Proposed Human Rights Committee Minutes Page 6 of 14 Regular Meeting of August 2, 2012 Page 43 his age or younger are not homophobes. He wanted to express to the Committee that if they decide not to do this, they will not be remembered well. Virginia Klevorn reminded the Committee that this issue came to the table through a citizen and was not something the Commission, at that time, self -generated. She stated she didn't understand the delay in the vote. She said a Domestic Partner Registry is not just about same sex couples; it is also for heterosexual couples and young couples who, for various reasons, cannot take the step of marriage. She encouraged the Committee to make a public statement that Plymouth is a city which is welcoming and open to everyone. Member Stein stated he is not opposed to a Domestic Partner Registration ordinance, but wanted to know if it is more important for Plymouth to duplicate a service that is already available in Minneapolis or if it is more important for Plymouth to issue a statement that Plymouth is a welcoming, inclusive community. Ms. Klevorn responded by stating she does not know why Plymouth would want to say to their citizens, "Yes, you are welcome here, but by the way if you want to be recognized as a couple, head on down to Minneapolis." She stated that doing so adds additional injury. She said that we're smart people, capable of taking care of our own citizens and that Plymouth is our home. She stated she believes Plymouth is a good city and its intentions to be welcoming are good. She said this drawing of the line in the sand is based on some unknown fear. Member Alden commented on an article that appeared in the Plymouth Patch. She was disappointed in the photo that was used with two people holding hands wearing rainbow bracelets. She stated it narrows the purpose of a domestic partnership because it is not just a GLBT issue. She stated there are many senior citizens who are in a committed relationship of heterosexual backgrounds who are unable to marry for financial reasons, for pensions and for a milieu of reasons. A domestic partnership does not say anything about a person's sexual gender orientation. Member Guncheon stated that just because Minneapolis provides a Domestic Partner Registry doesn't mean that Plymouth can't. He noted that Plymouth has a fireworks display and he would like people to come here for that instead of going to Minneapolis because it shows we are a community. He stated it is one of the best symbols of what we represent as a community and that's the reason we do it. He also commented that there's a difference between saying something and doing something. Member Guncheon stated that this reflects what we're really about and it's important to people in the situation. He said people need to be recognized and welcomed as being contributing, valuable members of the community and a Domestic Partner Registration ordinance would do that in part. He finished by stating that it doesn't cost a lot to have this ordinance and the value is so much more than any investment made in getting the ordinance passed. Member Slavik made note that the paperwork submitted by Mr. Untiedt regarding the life insurance policy stated the insurance company has some sort of internal document or Proposed Human Rights Committee Minutes Page 7 of 14 Regular Meeting of August 2, 2012 Page 44 affidavit that can be submitted to prove a domestic partnership. Domestic partners don't need any sort of registry from the city, county or state to prove their relationship. Member Guncheon counterpointed that not all insurance companies are alike in their requirements for proof of a domestic partnership. Chair Trites Rolle stated this is meaningful to people, even if it's just one person who benefits from it. It was moved by Member Guncheon, seconded by Member Alden, to recommend to the City Council that they consider and develop an ordinance for registering domestic partners in Plymouth using other cities' ordinances throughout the state as the boilerplate and template for creating such an ordinance. Members Alden, Goldstein, Guncheon, Qureshi, Stein and Chair Trites Rolle voted in favor. Member Slavik voted against, offering the following reason: Member Slavik stated she didn't feel that the city or herself is intolerant, an idiot or a homophobe. She stated this issue isn't necessarily a homosexual issue; rather it's about any kind of couple registering. She stated she felt the city is currently an open and welcoming community and that they have already taken the necessary steps to make sure it's inclusive of all its residents. The one benefit they have as a city is that the city provides memberships to households, not families. She commented that the city is focusing on its core services because there is less money and fewer resources out there. The city has been shutting things down and collaborating with other cities in order to not raise taxes. She stated she is not saying this ordinance is going to cost the city a lot of money, but as a whole, the city has been contracting and focusing on very core services. Ms. Klevorn asked Committee Member Slavik if she was speaking as Mayor or as a Plymouth HRC member because she said it sounded more like she was speaking as the Mayor. Member Slavik responded that she is serving as a well-informed Committee member who spoke her opinion with the knowledge of the basis that the city operates on. Member Guncheon counterpointed Member Slavik's reasoning by stating he feels one of the core services the city ought to provide is to make people feel welcome. He recommended for the City Council keep that in mind. b. Continued Work Plan and Goal Planning Chair Trites Rolle indicated that Goals #1 and #2 were left up in the air from the last meeting. She stated she would like to see the Committee put something together for these goals. She explained that Goal #6 could be accomplished through volunteers if time permitted. Chair Trites Rolle informed the Committee that she was approached by Erin Callahan, Librarian for Hennepin County Plymouth Library, with a proposed initiative for the Proposed Human Rights Committee Minutes Page 8 of 14 Regular Meeting of August 2, 2012 Page 45 Plymouth HRC to consider. Chair Trites Rolle then introduced Ms. Callahan to the Committee for a presentation of Ms. Callahan's proposal. Ms. Callahan stated her proposal should be shaped by the community it takes place in. She introduced the concept of having a multifaceted, community -wide project with multiple partners (library, IOCP, the City of Plymouth) that would involve a series of events, programs, activities or service projects in different locations around the community centered on the themes of compassion, civility and community. She stated it could begin with one or two community conversations centered on these themes and then whatever would come out of those community conversations would set the tone for what would move forward. If, for example, out of one of the community conversations bullying came up as a concern of the community, they could then have panel discussions or movie viewings with discussions or community art projects or an online project that is centered around that theme. Ms. Callahan explained that Karen Armstrong's Charter for Compassion was a strong undercurrent for this initiative. She said similar things are happening all across the United States. She said that Seattle, Washington, and Appleton, Wisconsin, have signed up to be Compassionate Cities and many other cities are in the process of doing the same. Chair Trites Rolle suggested Committee members look at the Compassionate Cities' web site. She felt this initiative would help the Committee achieve its goals of hosting a community discussion. Member Alden informed the Committee that she recently attended a poverty discussion. She stated there are many people in the community who are homeless and in need of support. She felt the truth was being avoided and stated that while she applauds a Compassionate City, Plymouth cannot say it is compassionate until they recognize the reality of its community. Member Alden stated they could become successful in practicing civility and compassion, but good information and education is necessary to do that. Member Slavik asked if there are any other cities in Minnesota that are Compassionate Cities or in the process of becoming one. Ms. Callahan responded that Plymouth would be the first. Member Guncheon asked Ms. Callahan to specify what the steps would be and what it is she would like the Plymouth HRC to do if they decide this is a good idea. Ms. Callahan explained that the process for becoming a Compassionate City is through an application form. She stated she would leave it to the Committee and city to say how they would like to move forward, but felt it would be very meaningful for the Plymouth HRC to say it's supportive of this community partnership. Member Slavik stated she felt this was a very good and intriguing idea. She stated she was encouraged in just the few minutes she had to read what was presented this evening and was pleased to see there is no cost involved. She indicated she would like to take the Proposed Human Rights Committee Minutes Page 9 of 14 Regular Meeting of August 2, 2012 Page 46 information and study it further and thanked Ms. Callahan for bringing it forward to the Committee's attention. It was moved by Member Slavik, seconded by Member Guncheon, for Committee members to gather more information on his or her own and to bring this proposal back to the Committee at their next meeting. Member Guncheon amended the motion to include that a Committee member would work with Ms. Callahan in developing a presentation for the next meeting as well. Member Alden agreed to do that. With all members voting in favor, the motion carried. Chair Trites Rolle and Member Alden stated they will be attending a meeting on the 16th at the IOCP. Chair Trites Rolle stated she would like the Committee to include some high school students in this initiative as she felt that would be important. Member Goldstein asked Chair Trites Rolle if the meeting on the 16th at IOCP was specific to this initiative. He stated it is important for the Committee to remember that IOCP only services half of the city and PRISM services the other half. He emphasized that the other agency would be an important partner in this as well. Chair Trites Rolle responded that the meeting is not related to this initiative. Member Alden suggested they go visit PRISM as well. Chair Trites Rolle agreed that it should be part of the fact gathering. Chair Trites Rolle announced that the Committee has their registration submitted for Plymouth on Parade and she wondered if anybody else would be able to attend. Chair Trites Rolle suggested sending more details on it to the Committee members. She encouraged members to bring their families to walk in the parade. 9. New Business a. Minnesota Marriage Amendment Chair Trites Rolle referred to information received from the League regarding the marriage amendment and invited Member Alden to add more as their liaison to the LMHRC. Member Alden stated that other Human Rights Commissions around the state have taken various positions regarding this amendment. She said the discussion here is whether or not Plymouth is willing to do that. Member Goldstein stated that as a Committee member he's willing to support the items that are part of their work plan. He indicated the Domestic Partner Registration ordinance was part of the work plan that he was supportive of and voted to move forward for others to study beyond the Committee. He was also in favor of the community outreach piece presented this evening to better educate our residents and community members on important issues such as bullying; however, because the marriage Proposed Human Rights Committee Minutes Page 10 of 14 Regular Meeting of August 2, 2012 Page 47 amendment is not on the work plan, he did not see that it was appropriate for the Committee to take action on it and stated he would not support moving it forward for any other consideration. Member Slavik agreed with Member Goldstein, stating that because this is not a city issue, she does not see the City Council taking any action on this; therefore, she did not think the Committee should take action on it either, especially since it is not on the work plan that was approved by the City Council. Member Guncheon asked the Committee if they are restricted to only those items specified in the work plan. Chair Trites Rolle responded yes, but stated she had hoped to have some kind of conversation about the marriage amendment as she felt it was important for the Committee to know what's going on in other cities and what's been done by the League regarding this issue. Member Guncheon also questioned whether or not all of the Committee's work is solely at the direction of the City Council. Member Goldstein responded yes. Member Guncheon then stated he was confused by the conflict of interest in having two members of the City Council as sitting, voting members of the Plymouth HRC. He thought it was bizarre that the City Council directs the work of the Committee and then sits on the Committee to advise itself as to what it should do. He stated he appreciates the fact that they want to increase their involvement in the city, but he didn't understand how they are to function like this because it seemed to him that the role of the Committee is to serve the city and not the City Council. Member Slavik responded that the boards and commissions of the city act as an arm of the City Council to serve and take up issues that the City Council can't get to in a timely manner or doesn't have the expertise. She explained that the City Council appoints the members and directs their work plan. Each commission also has a liaison member that attends the meetings, answers questions and brings issues back to the City Council. Member Slavik went on to state that there have been other boards and commissions that the City Council has decided to disband, such as the Public Safety Advisory Committee, Financial Committee and some ad hoc committees like the Water Resources Committee. The City Council felt that either their work was done or the City Council wanted to absorb the work themselves. She concluded by stating she thinks the City Council has been pretty clear that they feel the need to be part of the conversations because they have to be accountable to their constituents. Member Guncheon stated that just because other committees and boards do it doesn't mean it's right or that it makes any sense. He stated that it seems logical and appropriate to have liaisons on the boards and commissions to report back to the City Council, but to have Councilmembers deliberate and vote at the Committee level and then take it to the City Council level to deliberate and vote again on something they helped develop, didn't make sense to him. He expressed concern that the Committee is not doing the job they should be doing for citizens because of a predetermined work plan. He stated it restricts Proposed Human Rights Committee Minutes Page 11 of 14 Regular Meeting of August 2, 2012 Page 48 them from being able to deal with important human rights issues that come up and stated he felt the marriage amendment was one of those important issues. Member Goldstein stated he has only been on the Committee for about two years and it has always been that the Committee creates the work plan and the City Council approves it. He stated the structure and rules were in place before the existing Committee members were on board and pointed out that the majority of the voting Committee members are outside of the City Council. He went on to state that if a human rights issue is brought up that is not on the work plan the Committee can address it, discuss it, make recommendations on it and respond to it; however, he felt the issue before them right now was a state issue, not a city issue, and stated they will all get a voice on the matter in November. Member Goldstein suggested discussing a change in the format or structure of the Committee at a later date, emphasizing they have been down this road before and wouldn't get anywhere on it tonight. Member Guncheon stated he didn't realize this was the way this Committee functioned when he was interviewed and invited to become a member. It wasn't until the first meeting that he was made aware of that. He stated he didn't want to address this issue tonight but felt it was relevant to the issue they were addressing because he thinks this issue is a city matter. Member Alden pointed out that she applied and interviewed for this position; whereas Members Slavik, Stein and Goldstein did not. She stated she is a volunteer, but they are not. She went on to state that even though Member Slavik speaks eloquently about being prudent with the city's dollars, she feels having paid city officials attend Committee meetings is very expensive. Member Slavik explained that the City Council appointed them and they have appointments on all the boards and commissions in the City of Plymouth. Chair Trites Rolle stated this is what they have to work with at this point, but felt it would be worth exploring again in the future. She said it's important because the issue has continued to come up. She stated she wants to effectively work for and serve the community rather than spinning their wheels. She recommended setting some time to specifically talk about it. Member Guncheon recommended the Committee open it up for public comment. Ms. Klevorn explained the conversation they just had is near and dear to her heart. She stated she has the greatest respect to Member Goldstein as Police Chief, but he's the only citizen she knows who can wear a gun to a public meeting. She then asked why the League's marriage amendment resolution is not considered public education. She stated the LMHRC's core mission is to educate on human rights and if the largest human rights organization in our state puts this material out as information, it should fall under the Committee's education category. Proposed Human Rights Committee Minutes Page 12 of 14 Regular Meeting of August 2, 2012 Page 49 Member Stein agreed. He stated he felt there was nothing wrong with distributing this information to the community as a whole. Mr. Untiedt stated that there are nine issues laid out by the LMHRC and asked the Committee what good it does for the citizens of Plymouth if the Committee can't talk about it and decide. He stated it seemed to him that the role of this Committee is to educate and felt there are so many misapprehensions and lack of information on this question. He stated that education would be a benefit to the citizens. Chair Trites Rolle agreed that the Committee is supposed to educate and spread factual information to people in the community and felt that is where this should go. Ms. Klevorn suggested because of the timely nature of the issue the Committee should call a special meeting between now and November. She stated the voter ID issue is timely as well and requested that be included in the session. She stated both are important human rights issues and the citizens need to have factual data on them. Member Goldstein explained that the point he made earlier was that he would not be in support of bringing a resolution forward for the City Council's consideration, but he would be more than willing to tackle the issue as an educational matter. It was moved by Chair Trites Rolle, seconded by Member Guncheon, to schedule an educational forum for the marriage and voter ID amendments at no cost to the city. With all members voting in favor, the motion passed. Chair Trites Rolle suggested scheduling a date in late September or early October. She agreed to take on the task of arranging for speakers because she knows people who will do it free of charge. As far as publicity, she stated they would work with city staff to get that written up and out. Ms. Solo indicated she is a resident of Plymouth and part of the Minnesotans United for All Families. She offered her assistance as a speaker. Member Guncheon wanted to clarify that there will be a cost for staff to be there, but there will be no cost for the speaker. b. Essay Contest Planning Chair Trites Rolle indicated the entry deadline for submitting essays to the League is February 15, 2013, which is earlier than it has been in the past. She read the essay topic aloud: As a member in your community, what responsibility do you have to protect human rights in your community? How can you make a change in your community? Member Alden stated that students in Roseville were a part of choosing this year's essay topic. They did it early enough to get it out to educators in the summer before teachers get their curriculums. Member Alden indicated she didn't think last year's contest Proposed Human Rights Committee Minutes Page 13 of 14 Regular Meeting of August 2, 2012 Page 50 proved effective by advertising it through the newspaper because the Committee received very few applicants. Chair Trites Rolle indicated the Committee would need a list of schools HRC members may work with in order to divvy up the responsibility of speaking with educators. She stated she didn't want to intrude on another HRC that handles Plymouth middle school students residing in another city. It was moved by Member Alden, seconded by Member Goldstein, to participate in the annual essay contest with members of the Plymouth HRC prudently asking schools within the appropriate boundaries to participate and the winner goes on to the League. With all members voting in favor, the motion carried. Member Alden offered to assist going to the schools to speak with educators. Member Slavik volunteered to take on the three Wayzata Middle Schools. She indicated she has connections and kids in those schools. Member Alden stated she would talk with the City Manager and email the Committee members with the names of the schools the HRC may work with, along with which school each HRC member volunteers for. c. Community Educational/Human Rights Event Brainstorming The Committee already addressed this item earlier in the agenda. 10. Articles and Announcements Chair Trites Rolle briefly reviewed the agenda attachments and thanked the public for attending tonight's meeting. 11. Adjournment It was moved by Member Guncheon, seconded by Member Stein, to adjourn the meeting. With all members voting in favor, the motion carried. The meeting adjourned at 9:05 p.m. Respectfully submitted, Denise Lanthier Office Support Representative Proposed Human Rights Committee Minutes Page 14 of 14 Regular Meeting of August 2, 2012 Page 51 MINUTES OF THE QUARTERLY MEETING OF THE SUBURBAN RATE AUTHORITY October 17, 2012 Pursuant to due call and notice, the quarterly meeting of the Suburban Rate Authority was held at the City of Bloomington, Council Chambers at Civic Plaza, 1800 West Old Shakopee Road, Bloomington, Minnesota on Wednesday, October 17, 2012, commencing at 11:30 a.m. order. 1. CALL TO ORDER: Executive Committee Chair, Jim Gates, called the meeting to 2. ROLL CALL: Bloomington Jim Gates Edina John Wallin Golden Valley Jeannine Clancy Hastings Tom Montgomery Lauderdale Heather Butkowski Maple Plain John Sweeney Minnetonka Desyl Peterson Plymouth Doran Cote Robbinsdale Richard McCoy Roseville Duane Schwartz Shoreview Mark Maloney Also present was Jim Strommen, legal counsel for the SRA. It was determined that a quorum of votes was present for the Board to transact business at the meeting. 3. APPROVAL OF MINUTES: Having been previously circulated, Ms.Peterson moved to approve the minutes from the quarterly meeting in July. Mr. Schwartz seconded the motion which passed unanimously. 4. REPORTS OF OFFICERS. Mr. Wallin reported on the financial status of the SRA as of September 30, 2012 and distributed the financial statement. (Statement available upon request). Mr. Wallin noted, and Mr. Strommen explained, that Kennedy and Graven had not sent out the second half assessments to the membership as is normally done prior to this meeting. As a result, SRA cities had not received the second half assessments. Therefore, the SRA account lacked sufficient funds to pay the Kennedy & Graven claim upon approval at the meeting. Mr. Strommen noted that his offices were sending out remaining assessments or were being distributed to board members at the meeting. It was agreed that $5,962.49 of the Kennedy & Graven claim of $10,946.49 could be paid out of existing funds and that the remaining balance on the claim would be paid when sufficient second -half assessments were received. Mr. Wallin and Mr. Strommen noted that the shortage is only due to the lack of remaining second -half assessments and that when 412741v1 JMS SU160-3 Page 52 they are fully paid, the SRA will have a year end surplus. Ms. Clancy moved to approve the Treasurer's report. Mr. Maloney seconded the motion which passed unanimously. 5. COMMUNICATIONS: Ms. Peterson noted that she had alerted Mr. Strommen to an issue regarding Xcel street lighting contracts. It was agreed that the street lighting contract issue would be discussed as new business. 6. XCEL OUTAGE PROCEEDING: Mr. Strommen reported that the PUC had informed him that a hearing would be scheduled for sometime in November. Mr. Strommen reported that it is unclear what the PUC will do regarding the SRA and other proposals regarding the Xcel Service Quality tariff. Mr. Strommen noted that he did speak with the attorney assigned to the matter from the Office of the Attorney General. He had not focused on the SRA proposal and said he would review it before the hearing. 7. XCEL BILLING FOR CLAIMS: Mr. Strommen read excerpts from the Xcel response to the SRA request that claims in the form of Xcel bills be discontinued. By letter dated October 3, 2012, Xcel stated only that it would have its community relations representative advise the City that a claim would be coming (in the same bill form). The Board noted that this represented little, if any change, from Xcel's existing practice. The existence of a separate bill similar to an energy bill would create the same problem of misperception, and potential mistaken payment has occurred with the City of Deephaven. Mr. Ellis noted that Xcel had recently submitted similar bill -type documentation of a disputed claim and that he would provide the documents to Mr. Strommen. Ms. Clancy noted that CenturyLink had submitted a similar damage claim to the City in a more acceptable form and would provide that to Mr. Strommen. Mr. Cote brought a motion to authorize Mr. Strommen to convey to Xcel that the Xcel-proposed solution was unacceptable to the SRA, to give Xcel 60 days to reconsider its position and to discontinue the practice. The motion further authorized legal counsel to bring a complaint to the PUC if Xcel is unwilling to change its process. Mr. Schwartz seconded the motion which passed unanimously. 8. OFFICE OF PIPELINE SAFETY RULES PROCEEDING: Mr. Strommen reported that he participated in meetings at the League of Cities and a hearing at the Capitol regarding the proposed OPS rules. He reported that there were a number of proposals by the OPS to accomplish greater safety in gas pipeline and language to accomplish those purposes. Mr. Strommen submitted comments to the OPS on behalf of the SRA with the approval of the League committee on utility locate rules. Mr. Strommen recommended that he continue to monitor this proceeding but not participate actively in further proceedings unless a clear issue unique to the SRA arose. He stated that the League's committee is very active and competent in addressing these issues on behalf of cities. 9. PUBLIC BIDDING AND XCEL UNDERGROUNING WORK: Mr. Strommen reported on the committee that was formed pursuant to action at the July meeting, consisting of Ms. Clancy and Mr. Schwartz. The Board authorized the committee to look into improving the information disclosure from Xcel to the city when a pay chooses to pay directly for the incremental undergrounding cost the city orders Xcel to carry out on a public improvement project. As 412741v1 JMS SU160-3 2 Page 53 previously discussed, this issue is currently faced by Golden Valley, but other cities from time -to - time, and results in insufficient oversight on potentially large sums of public money to be used by Xcel. Xcel has refused to provide the City with anything more than limited information about its costs, estimated to be $1.2 million. Mr. Strommen reported on the PUC process for review of such utility expenditures. It is after the fact, which makes it difficult to challenge the expenditures, and it is not likely to gain significant attention by the reviewing state agency, Department of Energy, unless "large" by utility construction standards, typically starting at $10 million. Extensive Board discussion was held on the issues arising out of one possibly viable solution to the problem -- publicly bidding the Xcel portion of the undergrounding, and transferring the Xcel lines to it upon completion of the installation. It was agreed that consent by Xcel or other electric utility would be necessary to implement a more effective oversight of significant public funds. Objection to public bidding by the utility would raise several potential issues for cities. The Board took no action on the report and it was noted that the City of Golden Valley would continue to evaluate its options on the upcoming proj ect. 10. XCEL LED STREET LIGHTING PILOT: Mr. Strommen reported that Xcel was in the process of receiving approval from the PUC for an LED street lighting project with the City of West St. Paul. The outcome of this study will be of interest to cities contemplating use of LED lighting. 11. XCEL SOLAR REWARDS DISCONTINUANCE: Mr. Strommen reported that the City of Eden Prairie submitted comments to the PUC supporting continuation of the Xcel Solar Rewards program. Xcel received significant negative publicity from its proposal to discontinue the program at the end of 2013. The Department of Energy and PUC will be requiring Xcel to continue the program past 2013. The SRA took no position on the matter. 12. XCEL STREET LIGHTING CONTRACT LANGUAGE: This issue arose out of Ms. Peterson's most recent negotiation with Xcel on street lighting contract terms. She noted that Xcel provides a form document that is inappropriate for cities in several respects and must be negotiated each time. It was suggested that the SRA consider the preparation of a model form that can be used by SRA cities when Xcel seeks to enter into a street lighting contract. Board discussion ensued about other types of contracts Xcel uses with SRA and other cities. They are often inappropriate for cities but are often signed with the objectionable provisions. This has been true with the underground relocation agreement that Xcel uses. Mr. Cote questioned whether cities should enter any contract with Xcel given the regulatory function of cities and ordinances regarding use of the right-of-way. Mr. Strommen responded that while much is covered in city ordinances and permits there are often provisions that must be contained in contracts. Further, Xcel has a large number of form contracts it has in its tariffs, having been previously approved by the PUC for use. Mr. Maloney moved that Mr. Strommen begin preparation of a model street lighting contract for consideration by the SRA Board as a form to use and that he review the Xcel tariffs for other contracts that may be conducive to a city model. The underground utility installation contract is one that has been frequently presented to cities and should be reviewed. Ms. Clancy seconded the motion which passed unanimously. 412741v1 JMS SU160-3 3 Page 54 13. LOCATION OF ANNUAL MEETING: Mr. Wallin agreed to arrange for the City of Edina to host the annual meeting at its City Hall. The meeting will be held on January 16, 2013 at 11:30. 14. CLAIMS: The Kennedy & Graven claim of $10,946.49 was circulated. Mr. Sweeney moved to accept the claim under the deferred payment described by Mr. Wallin in the Treasurer's report. Mr. Schwarz seconded the motion which was passed unanimously. 15. ADJOURNMENT. The meeting adjourned at 1:02 p.m. Attest: Chairman Secretary 412741v1 JMS SU160-3 4 Page 55