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Council Information Memorandum 12-13-2012
CITY OF PLYMOUTH rp) COUNCIL INFO MEMO December 13, 2012 EVENTS / MEETINGS December 2012 and January and February 2012 Official City Meeting Calendars..... Tentative List of Agenda Items for Future City Council Meetings .............................. CORRESPONDENCE Letter from LMC RE: 2012-2013 Coverage Changes, Rates, and Dividends .......... Letter from Golden Valley RE: Hennepin County Watershed Governance Proposal New 911 Building in Plymouth Moves Forward, Plymouth-mn.patch. com ............. ....................... Page 1 ....................... Page 4 ....................... Page 5 ..................... Page 20 ..................... Page 24 REPORTS Recreation Department Update......................................................................................................... Page 26 Plymouth Creek Center and Field House Report.............................................................................. Page 28 ADOPTED MINUTES Charter Commission 12/14/11......................................................................................................................................... Page 29 02/02/12........................................................................................................................................ Page 32 City Council 09/11/12, Regular Meeting............................................................................................................ Page 34 09/18/12, Regular Meeting............................................................................................................ Page 37 10/09/12, Regular Meeting............................................................................................................ Page 45 10/23/12, Regular Meeting............................................................................................................ Page 50 11/13/12, Regular Meeting............................................................................................................ Page 54 11/27/12, Special Meeting............................................................................................................. Page 58 11/27/12, Regular Meeting............................................................................................................ Page 62 Wayzata Communities in Collaboration Council 11/14/12......................................................................................................................................... Page 66 City of Plymouth Adding Quality to Life December 2012 Modified on 12/ 12/ 12 Plymouth Ice CHANGES ARE NOTED IN RED Page 1 1 2 3 4 5:30 PM 5 7:00 PM 6 7 8 SPECIAL COUNCIL PLANNING 2:00-5:00 PM MEETING COMMISSION OLD FASHIONED Council Goals and MEETING CHRISTMAS Priorities Council Chambers Plymouth Historical Medicine Lake Room Society Building Chanukah Begins at Sunset 9 10 11 6:00 PM 12 7:00 PM 13 14 15 SPECIAL COUNCIL ENVIRONMENTAL 7:00 PM MEETING QUALITY PARK ft REC Discuss Board ft COMMITTEE (EQC) ADVISORY Commission Interview MEETING COMMISSION Process Council Chambers (PRAC) MEETING Medicine Lake Room 7:00 PM Council Chambers 7:00 PM CHARTER REGULAR COUNCIL COMMISSION MEETING ANNUAL MEETING Council Chambers Medicine Lake Room 16 17 18 19 20 21 22 CANCELLED PLANNING COMMISSION MEETING Council Chambers 23 24 CHRISTMAS EVE 25 26 27 CANCELLED 28 29 HRA MEETING CITY Medicine Lake Room OFFICES CHRISTMAS DAY LOSE AT/NEW 12:00 PM YEAR'S CITY OFFICES / EVE CLOSED 6:00 PM New Years Modified on 12/ 12/ 12 Plymouth Ice CHANGES ARE NOTED IN RED Page 1 r�Plymouth Adding Quality to Life January 2013 Modified on 12112112 CHANGES ARE NOTED IN RED Page 2 1 2 3 4 5 7:00 PM PLANNING NEW YEAR'S DAY COMMISSION MEETING Council Chambers CITY OFFICES CLOSED 7 6:00 PM 9 10 11 12 SPECIAL COUNCIL 7:00 PM 7:00 PM MEETING ENVIRONMENTAL PARK Et REC City Manager QUALITY ADVISORY Performance Review COMMITTEE COMMISSION Parkers Lake Room CLOSED MEETING E C MEETING (Q) PRAC MEETING Council Chambers Council Chambers 7:00 PM REGULAR COUNCIL MEETING Council Chambers 13 14 15 16 17 18 19 6:00 PM 7:00 PM SPECIAL COUNCIL PLANNING MEETING COMMISSION Board and Commission MEETING Interviews Council Chambers Medicine Lake Room 20 21 22 5:30 PM 23 24 25 26 SPECIAL COUNCIL 7:00 PM 7:00 PM MEETING PLYMOUTH ADVISORY HRA MEETING MARTIN LUTHER Discuss Fire Relief COMMITTEE ON TRANSIT (PACT) Medicine Lake Room KING JR. Assoc. Pension IncreasE STUDY SESSION BIRTHDAY Medicine Lake Room Medicine Lake Room Observed 7:00 PM CITY OFFICES REGULAR COUNCIL CLOSED MEETING Council Chambers 27 28 29 30 31 Modified on 12112112 CHANGES ARE NOTED IN RED Page 2 r�Plymouth Adding Quality to Life February 2013 Modified on 12105112 Page 3 1 2 2:00 PM FIRE 13 ICE FESTIVAL Parkers Lake 3 4 5 6 7 8 9 7:00 PM 7:00 PM PLANNING HUMAN RIGHTS COMMISSION COMMITTEE MEETING MEETING Council Chambers Medicine Lake Room 10 11 12 7:30 AM 13 14 15 16 7:00 PM 7:00 PM STATE OF THE ENVIRONMENTAL PARK Et REC CITY QUALITY ADVISORY Council Chambers COMMITTEE COMMISSION (EQC) MEETING (PRAC) MEETING Council Chambers Council Chambers 7:00 PM REGULAR COUNCIL MEETING Council Chambers Ash Wednesday 17 18 19 20 21 22 23 7:00 PM PLANNING PRESIDENTS COMMISSION DAY MEETING Council Chambers CITY OFFICES CLOSED 24 25 26 27 7:00 PM 28 7:00 PM PLYMOUTH ADVISORY 7:00 PM REGULAR COUNCIL COMMITTEE ON HRA MEETING MEETING TRANSIT (PACT) Medicine Lake Room Council Chambers REGULAR MEETING Medicine Lake Room Modified on 12105112 Page 3 Tentative Schedule for City Council Agenda Items January 8, Special (Closed Meeting), 6:00 p.m., Parkers Lake Room • City Manager's Performance Review January 8, Regular, 7:00 p.m., Council Chambers • Oath of Office to Councilmembers Johnson, Wosie, Stein, and Willis • Announce "Skate with the Mayor" • Appoint 2013 Health Officer • Appoint 2013 City Council Secretary • Appoint 2013 Official Depositories • Designate 2013 Official Newspaper • Approve a Preliminary Plat and Final Plat for Hampton Hills Investment, LLC/Hampton Hills South Plateau 3rd Addition (2012093) • Conditional Use Permit for Amerco Real Estate Co./Truck and Trailer Rental in conjunction with Self Storage at 1225 Highway 169 January 15, Special, 6:00 p.m., Medicine Lake Conference Room • Board and Committee Interviews January 22, Special, 5:30 p.m., Medicine Lake Conference Room • Discuss request of Fire Relief Association for pension increase January 22, Regular, 7:00 p.m., Council Chambers February 12, Regular, 7:00 p.m., Council Chambers February 26, Regular, 7:00 p.m., Council Chambers March 12, Regular, 7:00 p.m., Council Chambers March 141, Board and Committee Recognition Event, 5:30 p.m., Plymouth Creek Center March 19, Regular, 7:00 p.m. Council Chambers Note: Special Meeting topics have been set by Council; all other topics are tentative. Page 4 Vr2� Lof NNESOTA CITIES DEC 12 2012 CONNECTING & INNOVATING SINCE 1913 Date: November 30, 2012 To: LMCIT Members and Agents From: Pete Tritz, LMCIT Administrator RE: 2012-13 Coverage Changes, Rates, and Dividends The League of Minnesota Cities Insurance Trust (LMCIT) Board has approved rates and several coverage changes for the 2012-13 underwriting year. In addition, members of the property/casualty program will share in a $16 million dividend this year; while workers' compensation members will share in a $5 million dividend. Following is a summary. Property/Casualty Premium Rates, Effective November 15, 2012 • Property rates will decrease 2 percent. • Liability rates will decrease 3 percent. • Auto physical damage rates will decrease 7 percent. • Auto liability rates will decrease 3 percent. All other rates will be unchanged. A new liability rating system will be used to allocate liability and auto premium costs more equitably among members. Workers' Compensation Premium Rates, Effective January 1, 2013 Overall premium rates will increase 4 percent. The relative rate levels for various job classes will be adjusted. LMCIT will adopt the Minnesota Workers' Compensation Insurers Association (MWCIA) experience modification formula adjustments. Dividends • Property/casualty members will share in a $16 million dividend. The dividend will be distributed in December 2012 to those who are property/casualty members as of December 1, 2012. • Workers' compensation members will share in a $5 million dividend. The dividend will be distributed in April 2013 to those who are workers' compensation members as of April 1, 2013. Coverage Changes There are a number of changes in LMCIT's property, liability, and other coverages for the 2012-13 underwriting year. Changes will be effective for property/casualty coverage written or renewed on or after November 15, 2012. Please see pages 5 and 6 for more information. LEAGUE OF MINNESOTA CITIES las U N IVE R.SM AVE. WEST PHONE: (651) 281-1200 Fnx: (651) 281-1298 INSURANCE TRUST ST PAUL, MN 55103-2044 TOLL FREE: (800) 925-1122 WE$;aWW .TC.OP1G Premium Rates The overall rate changes taking place this year don't mean an individual member's premium will necessarily increase or decrease by these enact amounts. Actual premiums are also affected by changes in city expenditures, property_ values. payrolls, other exposure measures, and experience rating. In addition, the new liability rating method will result in some reallocation of premium among property and casualty program members, as will the workers' compensation class rate relativity adjustments for workers' comp program members. Property/Casualty Members with renewals on or after November 15, 2012 will see a: • 2 percent property rate decrease + 3 percent liability rate decrease • 7 percent auto physical damage rate decrease • 3 percent auto liability rate decrease When LNICIT sets premiums rates, the average experience over the past several years is used to project how much loss to expect in the future. This coating year's rate decreases are really the effect of exceptionally low liability loss costs from 2010 and 2011, and relatively loww property and auto losses during the fiscal year. For liability renewals after Nov. 15, 2012, L;VICIT implemented the nek\ liability premium rating system its been discussing for several years. The nev, system is much simpler than the previous one and more equitably allocates premium costs among members. Some members' liability- premiums "ill go up and some will Qo down as a result of the change. 'Members received a memo in late August detailing the changes. For your convenience, that information is enclosed again with this memo. You can also read more about the changes at www\ .lmc.orz1rating. Workers' Compensation Mernbers with renewals on or after January 1, 20I3 will see a 4 percent rate increase in overall rate levels. The 4 percent rate increase for 2013 is driven by a few main factors: + 11edical trend. Medical costs now make up 60 percent of LN' ICIT's total aorkers' compensation loss costs, and are increasing at a rate of about q percent per year. • Indemnity inflation. The rates assume that indemnity costs will increase at a 3.5 percent rate, vdlich is the same rate assumed in setting the 2012 rates. + Investment income. The rate recommendation assumes a slight decrease in our investment incorne for 201:3. In addition to the overall rate increase, there will be adjustments to the relative rate levels for various job classes. Every three years. to help ensure fairness in cost allocations, LNICIT revieNNs and revises the relative levels of premium rates for municipal employees. How an individual city is affected for 2013 will depend on its own payrolls and job classifications, as well as associated rate changes. For 2013, employee job class rate increases are capped at 30 percent in order to minimize the impact for members wvith large concentrations of payroll in certain classes. For a city «ith a typical mix of payrolls, class increases and decreases .vill offset each other to a targe extent. To put it another way, for most members the overall change in premiums wilt be N% ithin a Few percent above or below the average of a 4 percent rate increase. 2 1 Page Page 6 However, a special purpose entity member with most of its payroll in one or two classes can see a bigger effect. In particular, standalone volunteer fire departments may see larger premium increases, as LMCIT rates for volunteer firefighters (7708 and 7718) will increase sharply again this year. Unlike other classes of employees, worker's compensation coverage for volunteer firefighters is rated based on population served rather than payroll. For some years, LMCIT premium rates for volunteer firefighters have been lagging the rates for other employee classes. relative to actual losses. That lag arose largely because of the different rating base. While payroll as a rating base has a natural inflation factor built in, population growth tends to grow at a lesser rate; and as a result actual premiums grew faster in the payroll -based classes, causing volunteer firefighter premiums to fall behind other classes relative to other losses. Again, adjustments for any one class Nvere capped at 30 percent (a cap was applied for the 2010 relativity adjustment as well.) Indications are the corrective rate adjustments have finally "caught the rates up" for volunteer firefighters. We anticipate these rates will be more stable on a move forward basis, because they are now representative of losses from a premium allocation standpoint. It's worth noting LMCIT covers most of the volunteer fircfighters in Minnesota and the rate adjustments reflect actual Ioss history for this payroll class. The following table details 2013 class rate changes for the bulk of city payrolls. Most job class rates are shown per $100 of payroll. The rates for volunteer fire (7708 and 7718) are shown per 100 of population. Class Code 5506 7380 7381 7502 7520 7539 7580 7610 7706 7708 7716 7718 7720 7721 7722 8017 8227 8810 8829 8830 8833 9015 9040 9060 9063 9084 9102 9182 9403 9410 9411 Street Construction Ambulance Vol. Ambulance Gas Ops Waterworks Electric & Steam Plant Sewage Plant Radio or Tele Brdcstin Firefighters (Not Volui Firetiahters (Volunteer of Vol) Nan -Si oll Non Smoki Police Police - Non Smoking Police Reserves Off Sale Liquor Store City Shop Clerical Nursing Home -- Prof Nursing Home - Other Hospital - Prof Building - Maint. Hospital - Other Golf Course Comm. Centers On Sale Liquor Store Parks Citv Arena Onerations Municipal Employees Elected or Appointed Officials LMCIT 2012 rate $ 7.90 S 4.72 S 9.87 $ 3.41 $ 4.03 S 3.64 $ 3.45 $ 0.47 $ 6.39 $ 118.39 $ 5.75 $ 106.59 $ 3.84 $ 3.45 $ 2.21 $ 2.06 $ 3.59 $ 0.80 $ 4.37 $ 5.54 $ 2.31 S 4.60 $ 7.19 $ 1.96 $ 1.10 $ 2.92 $ 3.65 $ 1.72 $ 8.23 S 0.58 $ 0.25 LMCIT 2013 rate S 8.14 $ 5.17 $ 12.82 S 3.56 $ 4.15 $ 3.63 $ 4.48 $ 0.47 $ 6.65 $ 153.91 S 5.98 S 138.56 $ 3.57 $ 3.22 $ 2.20 S 2.68 $ 4.I1 S 0.67 $ 4.72 $ 6.51 $ 3.00 $ 4.94 $ 6.01 $ 2.34 $ 1.43 3.80 $ 3.75 S 2.23 7.34 $ 0,69 $ 0.32 Rate 3% 10%- 30%_ 4% 3% 0% 30% 0% 4% 30% 4% 30% -7% -7% 0% 30% 15% -16% 8% 18% 30% 7% -16% 19% 30% 30% 3% 30% -11% 19% 30% 31 Page Page 7 Dividends Because of continued good loss experience. LMCIT will this year return a $16 million dk idend to members of the property/casualty program and $5 million to members of the wvorkers' compensation program. This brings the total amount of returned dividends since 1987 to $260 million. $25,000,000 $20.000,000 $10,000,000 $10,000,000 $6,000,000 $0 LMCIT Dividends 5260 Million Since 1987 r-- CO -z, 17)r cv :n -r vn iO ti 0-- U, — r r7 LO co r-- 00 0) � oO c> CO p p rn f* cap P p 9 cr o ca P 0 0 0 o a o {�y ©VVwk Comp aProperiylcssualty Property/Casualty The $16 million property''casualtt dividend will be distributed in December 2012 to those who are property/casualty members as of December 1; 2012. While we are pleased to be returning the largest pro pertylcasualt} dividend in LMCIT history at a time when members are seeing significant financial challenges, we wvant to caution you that %ye believe this experience is an anomaly a perfect storm of good experiences, if you will — that is not likel-N to repeat itself. ]Many factors contributed to our ability to return this dividend; including: • Liability loss costs and claims were comparati% ely low for 2010 and exceptionally lows for 2011. Much of that is due to land use litigation and police liability claims. Ewen though land use litigation continues to be a major component of LIVICIT's liability costs. claims and costs dropped in each year from 2008 through 2011. Police liability also continues to be one of LMCIT's high cost claim areas, but costs and claims for 2010 and 2011 were low compared to 2005 through 2007. Costs for most other types of liability claims for 2010 and 2011 were lower than LNICIT has typically seen as well. Employment liability was the exception though. with comparatively high claim costs in both of those years. • Property losses were very high in the second half of 2010 and first half of 2011. due to an unusually large number of big storin events. Since July 1, 2011. the experience has been much better. mostIv due to the mild 2012 %\inter, • Doth auto liability and auto physical damage losses were unusually low. in the first half of 2012. The mild 2012 winter was probably a factor here as well. The dividend formula will be the same as that used during the past several years. Under that formula. a city's share is proportionate to the difference between the city's total earned premiums and total incurred losses for all years the city has been a member, with large individual losses capped for purposes of the formula. This approach recognizes cities that have been long-time members and that have been most successful in avoiding and controlling losses. 41Pa_e Page 8 Workers' Compensation The $5 million workers' compensation dividend will be distributed in April 2012 to those who are workers' compensation members as of April 1, 2011 Unlike the property/casualty program, the workers' compensation program has only occasionally returned dividends. Workers' compensation losses tend to be less volatile year to year than property or liability losses. Because of this, the contingency margin built into the workers' compensation rates is substantially smaller; which in turn means a dividend is less likely. However, loss costs for the 2007-2010 period turned out to be less than projected and, as a result, the Board determined that we could return a $5 million dividend and still maintain an appropriate fund balance. Coverage Changes The LMCIT Board has approved a number of changes in LMCIT's property, liability, and other coverages for the 201243 underwriting year. Changes will be effective for property/casualty coverage written or renewed on or after November 15, 2011 Property Coverage Changes Arson Subli ndt LMCIT's property coverage includes sublimits on certain types of properties, damages, or exposures. There is a sublimit of $1,000,000 for damage caused by criminal acts other than vandalism. Coverage was modified to clarify that losses caused by arson are not subject to this sublimit. Pollution Discharge as a Cause of Loss Coverage has been added for direct loss or damage to cit) property that is caused by the sudden and accidental discharge of pollutants. This would apply, for example, in cases where equipment was damaged by a spill of chlorine or battery acid. The coverage Iii -nit is $250;000 per location, Data Breach Mitigation Coverage Limits Last year, first party coverage was added to respond to suspected data securit) breaches by providing legal and information technology consulting, notice to affected persons, credit monitoring and identify theft services, and similar things. This coverage is automatic for property/casualty members and includes an annual aggregate limit of $250,000. For 2012-13, members can purchase an additional $250,000 of coverage, The additional charge for an additional $250,000 of limit ranges between $500 and $2,500, depending on the member's annual expenditures. Equipment Breakdoivn Buried Piping for Ice Rinks The coverage has been modified to clarify that buried ice rink piping is covered. The sublimit for equipment breakdown damage to piping at an ice rink has been raised from $50,000 to $250.000 per location. Liability Coverage Changes Fire Legal Limits The $50,000 liabilih. coverage sublimit for property damage to premiscs rented to the city has been eliminated. The fill liability limits now apply, An exclusion for damage caused by the city to property owned, rented, or occupied by the city has also been removed. Joirrt Airport Zoning Boarcls Joint airport zoning boards that are created pursuant to Minnesota Statutes. Chapter 360 to address zoning issues related to municipal airports are now automatically covered under LMCIT's liability coverage document and the Defense Cost Reimbursement Agreement, which applies to ©pen Meeting Law and bankruptcy claims. 51P,igp Page 9 Land Use Licensing A change was made to clarify that certain types of litigation related to property licensing, such as adult use regulations and rental property licensing, are covered under Coverage D, or what is commonly referred to as Land Use and Special Risk Litigation. Traditional business licensing, such as litigation over a liquor license, will continue to be covered under Coverage A. Litigation Relating to City Bonds A change was made to clarify that Coverage D of the LMCIT liability coverage provides coverage for non - contractual damages in litigation relating to city bonds or other debt obligations. Other Coverage Changes Defense Cost Reitnbrrrsement Coverage /formerly called Open Afeeting Lam, .Defense Cost Coverage) Under the LMCIT liability coverage, independent contractors who do contract work for the city are not covered. The change to the Defense Cost Reimbursement Coverage excludes coverage for independent contractors for activities related to a city bankruptcy, just as the,,, are excluded from the liability coverage. 61 Page Page 10 Frequently Asked Questions about Your LMCIT Rates and Dividends How is it possible that the Trust is able to return the highest dividend ever, at $16 million? While we are pleased to be returning this dividend. keep in mind that it is the result of an unusual combination of events that is not likely to happen again anytime soon. Many factors contributed to these decreases, including exceptionally low liability loss costs from 2010 and 2011; relatively low property losses during the fiscal year; and substantial capital gains on investments. REVENUE Premium+Investment income EXPENSES Losses+reinsurance+administration MARGIN Difference between projected revenue and projected expenses MARGIN cr1rDFNn COMES rRi. A DIFURENCE ,ADMINISTRATION REINSURANCE 17 P. I:b? DIVIDEND PREMIUMS Money returned to Trust Fund members from the margin LOSSES LOSSES If losses are as projected, the marginI�''' i becomes the income � EXPENSES -REVENUE PNVFSTMFNT INCOME Why are we increasing Workers' Compensation premium rates and at the same time returning a dividend? In setting premium rates, the starting point is to project the cost of claims we expect to incur in the coming year. Those projections are largely based on the actual loss experience we've seen in previous years and the trends we expect to see in the future. The workers' compensation rate increase is largely due to the ongoing increase in medical costs. We're also projecting lower future investment income because market interest rates have dropped sharply. and that's an important factor. The dividend on the other hand reflects what happened in prior years. LMCIT premium rates are designed with a contingency margin, which is additional funding to cover costs in case losses should turn out to be greater than projected. If losses turn out to be at or less than what we projected when we set the rates, that additional funding becomes available to either be returned to members as a dividend or added to LMCIT's fund balance the Board determines that that's necessary. Rather than return dividends, why doesn't the Trust ,just reduce premium rates up front? LMCIT's practice is to incorporate a solid contingency margin into the premium rates. By doing so (and then returning the extra funds afterwards if it turns out that they're not needed), we're able to keep the premium rates much more stable from year to year. In other words, it helps us keep premium rate changes in the range of a few percent up or down each year, rather than the much larger year-to-year premium rate changes �ve'd see if we set lower rates Nvith a much smaller contingency margin. At the end of the day, of course, the net cost to member cities is the same either way, the sum of the expenses plus whatever the losses turn out to be. How is the dividend determined? The basic principle is that the funds LMCIT holds belong to the member cities; and that any funds that LMCIT doesn't need should be returned to the members. The decision on whether and how much of a dividend may be possible is cssentially an evaluation of whether the programs' fund balances are currently at appropriate levels. If the fund balances are more than the Board concludes are needed. those excess funds are returned to members as a dividend. 71Faaz: Page 11 The fund balance is meant to provide funding for several kinds of risks; the risk that new losses turn out to be more than the premiums were designed to fund; the risk that old losses turn out to be more expensive than estimated; the risk of a reinsurer's default; the risk involved in expanding coverage in new risk areas where we don't have good data to accurately quantify that risk; and so on. Over the past few years, the Trust Board has devoted a lot of attention to the question of how much fund balance the LMCIT programs should maintain; and to developing specific target ranges for the two programs' fund balance based on what's needed to address those risks. y v In practice, in making the decisions on dividends, the Board looks at a couple specific factors: how much net income the program has generated for the fiscal year. and where the resulting fund balance is compared to the target ranges. This is the second year in a ro«- that LNICIT has returned a Workers' Compensation dividend, but prior to that there hasn't been a workers' compensation dividend since 2000. What's happening' Several things are involved. Because workers' compensation losses tend to be more predictable and less volatile from year to year, the contingency margin we build into the workers' compensation rates is proportionately smaller than the margin we use on the property/casualty side. As a result, the workers' compensation program doesn't regularly generate significant amounts of unneeded funds, and workers' compensation dividends tend to be smaller and less regular. In addition, we experienced better-than-expected losses during the 2006 through 2009 coverage years. The good experience in those years had the effect of increasing the workers' compensation program's fund balance significantly. Finally, the Trust Board has refined its specific target ranges for the program's fund balance. The income that resulted from the good loss experience in several years built the workers' compensation program's fund balance to a point where the target range evaluation suggested a S--) million dividend could be returned to the members. 81Pagrn Page 12 qto j,EAGUE of MINNESOTA CITIES Date: August 21, 2012 To: LMCIT Members and Agents From: Pete Tritz, LMCIT Administrator RB: 2012-2013 liability premium rating changes CONNECTING & INNOVATING SINCE 1913 For renewals after November 15, 2012, LMCIT will begin calculating liability premiums in a new way. The new rating system is designed both to be much simpler than the current system and also to do a better job of allocating premium costs equitably among LMCIT's members. The new system uses just five key factors— number of households, number of sewer connections, number of city employees, number of police officers, and overall city expenditures. By comparison, under the old system cities had to provide several dozen pieces of data, some of xhich required the city to do some complex and confusing calculations. This change only affects premium rating for municipal liability and auto liability. Propel-ty premiums are not affected. Fair as well as simple. The new system is also designed to do a better job of allocating premium costs in a way that's consistent with where the liability losses come from. For example, police operations, not surprisingly, generate a significant number of liability claims with significant costs; utilities operations, on the other hand, typically don't produce much in the way of liability claims. The new system does a better job of distinguishing those risks and aligning the premiums with the actual loss patterns. As a result, premium costs will tend to shift towards cities with police operations and away from cities with extensive utility operations. That's not to say that the old system was inaccurate. It actually worked reasonably well. But the new system is designed to do an even better job of accurately allocating premium costs in accordance with risks. Individual cities, individual outcomes. The switch to the new system will mean that some members' liability premiums will go up and some will go down. Without doing the actual calculations though.. it's nearly impossible to predict how the change will affect an individual city. If it's helpful for budgeting purposes, we'll be glad to do a preliminary calculation of your city's renewal premiums. Keep in mind too that beside the rating system change, the city's renewal premium is also affected by any changes in the city's expenditures or other rate factors; any changes in the city's experience rating because of the city's losses. and the change, if any, in LMCIT's overall rate levels for the coming year. We don't yet knot~, what the overall rate level will be for next year, but we're cautiously optimistic at this point that we'll be able to keep the rate level close to flat or maybe even decrease it a bit.. Questions? The attached FAQ provides more detail. You can call your underwriter at (65I) 281-1200 or (800) 925-1122 to get a better idea of howyour city will be affected, if you have further questions, or to let us know what you think about the changes. LEAGUE OF MINNESOTA CITIES 145 UNIVERSITY AVE. WEST PHONE: (651) 281-1200 FAx: (651) 281-1298 INSURANCE TRUST ST, PAUL, MN 55103-2444 TOLL FREE: (800) 925-1122 WEH: WWW.LMG.ORG Page 13 Questions And Answers About LIVICIT's New Liability Rating System Effective November 15, 2012 LMCIT will begin using a completely new system to calculate liability premiums for LIUICIT member cities. We've tried in this memo to address many of the questions that member cities and agents may have about the new system. But please feel free to contact us if you have other questions that we haven't answered. The LMCIT Board is also very interested in hearing members' reactions to this change. If You have comments, concerns, or suggestions, please let us know. The contact information is at the end of this memo. 'W'hy is LMCIT making this change? There are two basic goals: to make the liability premium rating system simpler and less time-consuming; and to do a better job of allocating costs fairly among members. The liability rating system LMCIT has used for many years requires the city to provide as many as 50 to 75 separate pieces of information. and also to make some complicated calculations involving deductions and adjustments to city expenditures. The new system will require the city to provide only six pretty straightforward pieces of information. That should save time both for the city, in compiling and submitting the information, and for LMCIT's underwriters in processing that information. The new system is also designed to allocate costs more fairly among members — i.e.; to allocate premium costs in a way that's more consistent with where the liability claims and losses come from. The analyses we've done indicate that the new system will do an appreciably better job than the current system does in allocating costs among cities: and a much better job than the current system does in allocating costs for special-purpose entities. What factors does the new system use, and why? Under the new liability premium rating system, the cin needs to provide just six pieces of data: total budgeted city expenditures for the current year; total actual city expenditures for the previous year; number of FTE police officers; number of FTE employees; number of sewer connections; and total number of households in the city. Experience shows that six main categories consistently account for most of LMCIT's liability loss costs — about 85% of the total. These six categories are land use litig=ation (20-25%); police liability (about 20%); employment claims (about 15%); sewer backups (I 0-121/'o); administrative errors and omissions (about 10%); streets and sidewalks (about 7%). There's also the "everything else" category of about 15%, which includes things like liability, relating to water and other utilities. parks and recreation, licensing, airports. and so on. In developing the new rating system, we looked for a `'rate base" for each of the seven categories — i.e., a numerical measure of the scope of the city's operations — which could be used as a base measure of the city's exposure to the respective liability risk. The idea was to find numerical measures that have a valid statistical relationship to the actual patterns of LMCIT members' liability losses. Besides the requirement that the measures be statistically valid, we applied several other criteria as well: The measures had to be readily available and reasonably easy for the city to provide; they had to be unambiguous, so we don't end up arguing what the right figure is; and they had to be something that can't be easily manipulated to artificially reduce a cit -,`s premiums. 2 Page 14 The six data elements required for the new system are the result. Specifically, the police FTE count measures the police liability risk; the total city FTE count measures the employment liability risk; the sewer connection count measures the sewer backup risk; the household count measures the land use risk; and the total city expenditure figure measures the combination of the street and sidewalk risk, the administrative errors and omissions risk; and the "everything else" risk. (The rating system actually uses a three-year rolling average of city expenditures as the measure; that's why the city is asked to provide both their budgeted expenditure figure for their current year and their actual expenditure figure for their previous year.) Besides the change in the rating factors, will anything else he different under the new system? There are some other important changes to be aware of: Contracts for services and for construction projects are handled very differently under the new system compared to the old system. The new system also uses a completely re -designed experience rating formula, modeled closely after the work comp experience rating formula. The auto liability rating system has also been redesigned and simplified. These changes are discussed and explained below. What will this paean for my city? The new system will definitely reallocate premium costs among members to some extent. In other words, liability premiums will increase for some members and decrease for others. One pattern to be aware of is that the new system will tend to shift premium costs somewhat toward members that have police departments, and will tend to shift costs away from members that have large utility operations. (There's also a sliGht overall shifting of costs from smaller cities to larger cities, That seems to be mostly because larger cities more often are the ones who have police operations. ) But because there are so many moving parts, it's nearly impossible to predict exactly how an individual city's renewal prernium under the new system will compare to their expiring premium under the old system. That is, besides the effect that the new system itself will have, a city's renewal premiums will also be affected by changes in the city's exposures. For example, If the city has begun or concluded a major capital project, that in itself can have a significant effect, irrespective of the change in the premium rating system. If the city has a good loss year rolling onto the experience rating calculation while a bad loss year rolls off (or vice versa), that too can have a significant effect, irrespective of the change in the rating System. Any change in the overall rate level for the coming year will affect each city too. Over the past year, we've been doing some extensive testing of the new system, by calculating what the city's premiums would be for the current year under the new system compared to what the actual premiums are under the current system. Because we didn't have available the needed information on the city's contracts, these simulations are probably somewhat conservative (i.e., the new -system premiums we calculated are probably over -stated somcwhat). The group of cities we've tested represent a little over half of LMCIT's member cities. Here's what we saw for that test group of cities: 3 Page 15 • For about 41% of the member cities, the liability premium change would be between -20% and +20%. • About 17% of the member cities would see increases greater than 20%. • About 8% would see increases greater than 30%. • About 41% would see decreases of more than 20%.. About 31% would see decreases of more than 30%o. Keep in mind that this only affects municipal liability and auto liability premiums. On the average, the municipal liability and auto liability make up about 40% of the city's total property/casualty premium. A 20% change in the liability premium would be an 8% change in the total property/casualty premium for the average city. (Not that there actually is such a thing as an average city. of course.) When will this affect my city? The new liability rating system will apply to renewals effective 11115/12 and after, so your city will be affected at the first renewal after 11/15/12. Our budget is tight. What if our city sees a large increase in our premiums? In recognition of this concern, we're including a transition mechanism to avoid shock increases for individual members. The plan caps the immediate effects the new system has on liability premium calculations. The capping plan is as follows. It's important to note a 30% increase in a city's liability premium or auto liability premium does not translate to a 30% increase in insurance costs. On average. a city's liability premium represents about 40% of their overall property and casualty premium, so even in extreme cases where the 30% cap is needed, that would result in a 12% increase in property and casualty premium, all things equal. In evaluating and selecting the appropriate capping levels, we took a close look at not only the relative effect the change might have on insurance costs but also the relative effect the change might have as a percentage of overall city expenditures. Lander the old system, there was always the potential for liability premiums to swing from one year to the next due to the effect or combined effect of changes in exposure, changes in loss experience, or changes in overall rate levels. The new rating bases tend to be more consistent from one year to the next than those under the old system, so — once the new liability rating system is in place - it should actually have the effect of reducing the potential for liability premium swings better than the old system, moving forward. We project the transition to the new system will be essentially complete in two years. We don't want to downplay the increases in premium that some cities will experience under the new system. If cities or agents have any comments, feedback, or concerns about the effect the new system will have on premium costs, please don't hesitate to contact LNICIT. 4 Page 16 Max Liability Max Liability Max Auto Liability Max Auto Liability Membership Increase Decrease Increase Decrease Drug task forces 50% 10% 50% 10% All other members 30% 10%u 30% 10% It's important to note a 30% increase in a city's liability premium or auto liability premium does not translate to a 30% increase in insurance costs. On average. a city's liability premium represents about 40% of their overall property and casualty premium, so even in extreme cases where the 30% cap is needed, that would result in a 12% increase in property and casualty premium, all things equal. In evaluating and selecting the appropriate capping levels, we took a close look at not only the relative effect the change might have on insurance costs but also the relative effect the change might have as a percentage of overall city expenditures. Lander the old system, there was always the potential for liability premiums to swing from one year to the next due to the effect or combined effect of changes in exposure, changes in loss experience, or changes in overall rate levels. The new rating bases tend to be more consistent from one year to the next than those under the old system, so — once the new liability rating system is in place - it should actually have the effect of reducing the potential for liability premium swings better than the old system, moving forward. We project the transition to the new system will be essentially complete in two years. We don't want to downplay the increases in premium that some cities will experience under the new system. If cities or agents have any comments, feedback, or concerns about the effect the new system will have on premium costs, please don't hesitate to contact LNICIT. 4 Page 16 Tell me more about the changes in auto liability rates. We also conducted a comprehensive study of auto liability rates based on historical loss data and modified the rates to more closely reflect losses. With a few exceptions, most members won't notice a big difference in their auto liability premiums under the new rate structure. A city's auto liability premium is generally quite a bit smaller relative to municipal liability premium. In cases vvhere there is a significant premium shifting effect, a separate 30% cap on increases for auto liability premium increases will apply standalone from the cap for liability premium increases. Here are a fete notable trends in the auto liability rate modifications: • Auto liability rates for fire vehicles will decrease significantly, especially outside urban areas. • Auto liability rates for- police vehicles will notably increase, especially in urban areas. • Auto liability rates for garbage trucks will significantly increase. • There will no longer be any auto liability charge for trailers. There's a new question in the application about bond refinancing. Why do you care about that? One of the components to the new system is annual expenditures. As Ave were testing the rates over the past year, we encountered a few cities in which their annual debt service expenditures seerned exceptionally high. That in turn resulted in the city's total expenditures also looking high compared to other cities. and that in turn resulted in their liability prernium taking a big jump under the new system. As we looked more closely at these cities, it appeared the phenomenon may be at least partly be related to bond refinancing activity, and in particular to advance refundings. That is, a significant portion of debt service figures may be resulting in a "debt service expenditure doubling" effect, as in effect there are now two streams of debt payments being made: the payments on the original bonds, which are being paid by the income generated by the escrow fund; and the payments on the refunding bonds themselves, We don't want to double count/double charge, so we've added a question to the renewal application asking if the city has done any municipal bond refinancing in recent years. If so, underwriters will follow up, so we can make the appropriate adjustments to avoid a double counting/double charging effect. I still have questions. Who can I call? Here is a list of contacts if you have questions, comments, or concerns about the new liability, rating method. Liam Biever Underwriting Manager (651) 281-12I2 lbiever linc.org Marty Ericson BRAC Underwriting Manager (651) 281-1254 mcrieson'a Inic.org Elisabeth Rosandich Underwriting Operations Manager (651) 215-4048 erosandich a lrnc.orL, Jan Kodet Senior Underwriter (651) 215-4082 ikodet'c Imc.org Steve Hansen Senior Underwriter (651) 215-4080 shansen(a lmc.or, Pat Min -cc Senior Underwriter (651) 215-4081 pminaee.e tmc.ora Alicia Peterson Underwriter (651) 215-4087 apeterson'c-Nnic.org Pete Tritz LMCIT Administrator (651) 281-1265 ptritz zlmc.org Page 17 What about overall rate levels? What can we expect? Besides the switch to the new liability premium rating system, LMCIT will also be reviewing the overall rate levels as we do each year. The decisions on overall rate levels will be made later this fall, after the annual actuarial review is completed. At this point though we don't anticipate any major changes, and we're cautiously optimistic that we'll be able to keep the overall rate level close to flat or maybe even decrease it a bit. No promises yet. though. If our premium is going down, does that mean we've been overcharged for many' years? As we've noted, the new liability rating system does reallocate costs among LMCIT members to better reflect the actual loss patterns. One could choose to interpret that to mean that that some members have been undercharged and others overcharged in the past. Another way to describe it would be to say that no system can ever be perfect, that the old system actually has worked pretty well in allocating costs fairly, but that the new system is designed to do a little better. Regardless of how you choose to view it, here are a couple points to keep in mind. • If your premium decreases; it could be due in part or in full because of factors unrelated to the change in the rating system. That is, it also could be because your city's exposures have changed, or because your city's loss experience has improved. • LMCIT has returned dividends each year for many years. The dividends are allocated using a formula that looks at the difference between the member's total premiums paid and total losses contributed. If the city has paid more premiums than it "should have", it also means that the dividends the city has received were larger than they would otherwise have been. What about the experience rating component to liability premium? Has that changed? Yes. The experience rating formula has changed. The three year rating period and the underlying premise behind the formula remain the same, but the new formula considers the new ratables — households, sewer connections, employees.. police officers — when calculating the expected losses component to the formula. The new experience rating formula is modeled closely after the workers' comp formula. Smaller members, those with expected losses less than $15,000 over the three year experience rating period, will be subject to a simple debit/credit system, rather than the experience rating formula modifier. Police liability, land use, and employment claims are weighed heavier than other types of liability claims in the new formula. You may recall land use and employment claims were weighed heavier under the old formula. Tell me more about how contracts will be treated under the new system. There are two changes in how contracts will be treated. The first change is that it will no longer be automatic that expenditures for service contracts are deducted for purposes of the premium calculation. Under the new system, the expenditures and other rate bases related to a contract for services will be deducted only if that contract actually does transfer the city's risk to the contractor. (For example, has the city in fact been named as an additional insured on the contractor service provider's insurance?) The second change is that contracts for construction projects will no longer be deducted for purposes of premium calculation. Linder the current system. expenditures for construction contracts are deducted for purposes of part of the liability premium calculation. But we know from LMCIT's claims history- that Page 18 construction projects and contracts in fact generate a significant amount of liability loss cost, construction - related claims actually make up about half of the cost in the "administrative errors and omissions" category. What does the change mean for special purpose districts? The same concepts and trends will apply for the 361 special purpose districts members. The neve system should more fairly allocate premium costs among these members. Except for drug task force operations, the same 30% premium increase cap tw ill apply. Most special purpose members will not require as full a set of data as required to calculate liability premium. For example, watershed districts don't have a police liability exposure, so we won't be gathering number- of police officers or making a charge for police liability. For a lot of these entities, the only rating basis that will apply is annual expenditures. A lot of special purpose entities were subject to a minimum liability premium charge under the old system and will continue to be charged the minimum premium under the new system. Entities that do have significant ]arid use; police, sewer backup, or employment practices liability exposures could see a cost shifting effect. For example, drug task force operations will likely see an increase in liability premium. Special purpose entities involved in land use decisions — EDAs, HRAs, watershed districts, and port authorities — will have a special expenditure based rating component. Households as a rating basis for land use litigation claims works well for cities, but is problematic for these types of special purpose entities. Instead of making a charge based on households, there wvill be an additional load to the expenditure rate for this group. The expenditure rate will be about 35-40°f0 higher for this group in order to account for the land use litigation exposure in addition to the other types of liability claims the expenditure rate is designed to account for. Why are drug task farce premiums allowed to go up more than for other tapes of members? In simplest terms, it's because this is the category where the premiums LNICIT has historically been charging are most out of line compared to the liability losses that these task forces have generated. The liability claims related to the Metro Cana Strike Force have gotten a lot of publicity and were extremely expensive. But even without considering those claims, over ten years the cost of liability claims for drug task forces has been nearly five times the premiums paid. Whv the change in no-fault sewer backup rates? No-fault sewer backup (NFSB) premium has historically been calculated as a percentage of the final municipal liability premium. Now that sewer connection data will be readily available. NFSB rating will be transitioned to a per sewer connection basis, as number of sewer connections is a more accurate predictor of NFSB losses and a better reflection of the exposure. Although the existing NFSB premium rating system has -% orked in the sense that it collected enough premiums to pay for losses and expenses. it probably has not allocated costs in the fairest manner among participants. This change -,vill have a similar effect as the changes to the liability premium rating system; the new NFSB rating system will reallocate premium costs among NFSB members to some extent. The transition to a per connection rating basis for NTSB coverage involves the same 30/10 transition cap framework, but on a standalone basis, to mitigate shock premium increases for this optional coverage. Page 19 December 19, 2012 Commissioner Jeff Johnson Hennepin County Board of Commissioners A-2400 Government Center Minneapolis, MN 55487-0240 Subject: Hennepin County Watershed Governance Proposal Dear Commissioner Johnson: The City of Golden Valley has reviewed your proposed legislation regarding the reorganization of watershed management within Hennepin County. This proposal consists of combining the 11 existing Watershed Management Organizations (WMOs) and Watershed Districts (WDs) into three large WMOs with taxing authority and oversight by a Hennepin County Coordinating Board. The City appreciates your desire to improve water quality and coordination among local governments while using County resident's tax dollars more efficiently. As elected officials we should always make efforts to improve delivery of government services and better protect our natural resources. However, we request that additional research be completed before further consideration of this proposal, which is based on one study and report completed by the University of Minnesota Center for Science, Technology and Public Policy. This study was completed without adequate consideration of input of local officials and staff currently involved in water resource management and land use management in Hennepin County. A change of such magnitude in local governance of natural resource management requires the involvement of local government in the research phase. When specifically reviewing the proposed legislation, the City of Golden Valley has the following concerns, outlined as follows: 1. Loss of Local Control A. The proposed reorganization will result in a loss of local control in water resource management decision making. The majority of the City of Golden Valley is within the Bassett Creek Watershed Management Commission (BCWMC), which consists of citizen commissioners from the nine member cities. The local knowledge and passion of these citizens is viewed as one of the reasons the BCWMC has been successful in implementing its Capital Improvement Plan, resulting in improving water quality throughout the watershed, and specifically within Sweeney Lake in Golden Valley. Furthermore, elected officials have and do serve as citizen commissioners. P:\Organization\Council\Council Information Memorandums\2012\121312\COR 2 - Golden Valley response to Jeff Johnson Watershed Proposal.docx Page 20 Commissioner Jeff Johnson December 19, 2012 Page 2 B. The proposed "super WMOs" will be considered MS4s with the responsibility of implementing water quality improvements following TMDL studies. However, by definition, MS4s are local units of government that own and operate small storm sewer systems. Therefore, the cities within the watersheds are ultimately responsible for this implementation through their NPDES permits. Creation of an additional entity to implement these plans will create an additional layer of authority in an already complicated and cumbersome regulatory environment. 2. Efficiency and Cost -Effectiveness A. The regulation of storm water runoff within Hennepin County and the State of Minnesota is currently highly inefficient, with cities, watersheds, soil and water conservation districts, and multiple state and federal agencies with review, permitting, and enforcement authority. Often times, the requirements of one regulatory agency are in conflict of those of another agency. As a result, the implementation of water quality improvements is highly inefficient and costly. The proposed reorganization does not simplify this situation, and there is a high likelihood that it will add to the confusion and inefficiency. A more appropriate approach may be to address the regulatory environment on a state-wide basis, which would likely reduce permitting and administrative costs for water quality improvement projects, resulting in additional money available for the implementation of projects that benefit our water resources. The BCWMC has been actively constructing water quality improvements in the last decade, with approximately $1 million included in its annual Capital Improvement Plan. At the request of the BCWMC, TMDL studies have been completed for three of the watershed's most important water resources, including Sweeney Lake and Wirth Lake within Golden Valley, and Medicine Lake, ahead of the Minnesota Pollution Control Agency's original schedule. The implementation of projects to benefit these lakes that were identified in these TMDL studies has already occurred and additional projects are included in the CIP for the next several years. In the case of Sweeney Lake, water quality had been improving prior to the TMDL study, and the scheduled improvements are a large step towards meeting the water quality goals for the lake that would ultimately remove it from the federal impaired waters list. This aggressive approach is the result of the cooperative local effort of the nine member communities that make up the BCWMC, supporting the theory that watershed management is best handled at a local level. In addition to water quality improvements, the BCWMC has a significant history in effectively planning, constructing and financing capital improvement projects. The BCWMC was originally formed in the late 1960s to address significant flooding in the P:\Organization\Council\Council Information Memorandums\2012\121312\COR 2 - Golden Valley response to Jeff Johnson Watershed Proposal.docx Page 21 Commissioner Jeff Johnson December 19, 2012 Page 3 watershed. These issues were addressed through the construction of flood control projects across the watershed over a period of approximately 25 years. These improvements have resulted in a significant lowering of flood levels and a corresponding reduction in flood related property damage. The history of the BCWMC demonstrates that local control of water resource management can be successful in terms of protection of our water bodies while being good stewards of public funds. It is our belief that the current legislative proposal would result in a higher level of inefficiencies and increased bureacracy. The City of Golden Valley appreciates the opportunity to comment on the proposed watershed reorganization legislation. We also appreciate your desire to improve Hennepin County's water resources in a cost-effective manner. We look forward to continued participation in the discussions on this topic. Sincerely, Shepard M. Harris Mayor C: Linda Higgins, County Commissioner Representative Ryan Winkler Representative -Elect Mike Freiberg Senator Ron Latz Senator Ann Rest Jim Adams, Mayor -Elect, City of Crystal Mary Anne Young, Mayor, City of Medicine Lake R.T. Rybak, Mayor, City of Minneapolis Terry Schneider, Mayor, City of Minnetonka Kathi Hemken, Mayor, City of New Hope Kelli Slavik, Mayor, City of Plymouth Michael Holtz, Mayor, City of Robbinsdale Jeff Jacobs, Mayor, City of St. Louis Park Tom Burt, City Manager, Golden Valley Ginny Black, Chair, BCWMC Stacy Hoschka, Golden Valley Commissioner, BCWMC David Hanson, Golden Valley Alternate Commissioner, BCMWC Karen Chandler, Barr Engineering Co. Jeannine Clancy, Director of Public Works, Golden Valley P:\Organization\Council\Council Information Memorandums\2012\121312\COR 2 - Golden Valley response to Jeff Johnson Watershed Proposal.docx Page 22 Commissioner Jeff Johnson December 19, 2012 Page 4 Jeff Oliver, PE, City Engineer, Golden Valley P:\Organization\Council\Council Information Memorandums\2012\121312\COR 2 - Golden Valley response to Jeff Johnson Watershed Proposal.docx Page 23 New 911 Building in Plymouth Moves Forward (Plymouth-mn.patch. com) A construction company was given the go ahead to build the new facility in Plymouth. The facility is currently based in Golden Valley. The Hennepin County Sheriff's Office took a major step forward in its plans to build a new 911 Emergency Communications Facility. The Hennepin County Board approved a $21.6 -million contract award to Stahl Construction to build the new facility. The new facility will be located in Plymouth near the county's Adult Corrections Facility. Groundbreaking is expected next year. "This project is essential to public safety," said Hennepin County Sheriff Rich Stanek, "We must have a facility that ensures uninterrupted service for 911 calls, radio dispatch, and technical services." Currently, the Sheriff's Office provides 911 and emergency communications services to 36 communities throughout the county. The facility is located in Golden Valley and it is one of the largest consolidated public safety answering points in the Upper Midwest. Because it was constructed in 1948, it lacks space to accommodate emerging communications technologies and the facility cannot adequately protect the investment in equipment that is housed there. The total projected budget is $33.7 million. The new facility will significantly increase communications system reliability, improve operational efficiencies and optimize operating expenses by collocating three principal functions — the 911 Public Safety Answering Point, Critical Page 24 Infrastructure Radio and Data Network Center, and Radio Systems Operations and Technical Services. The new 59,200 -square -foot facility will accommodate all of the Sheriff's communication responsibilities, as well as facilities to support 911, providing 21 dispatch consoles, with a maximum capacity for 30 consoles. The facility will include a 9,500 -square -foot radio installation and electronic mobile equipment storage garage. The site will maximize the use of an existing communication tower on the site. Also, during their Dec. 11 meeting, the board authorized public safety dispatch services for the City of Golden Valley beginning when the new facility opens. The Sheriff's Office currently provides public safety dispatch services for 23 law enforcement agencies and 19 fire departments at no cost. The services are funded by countywide property taxes. Golden Valley is the only city in Hennepin without its own public safety answering point that is not dispatched by the Sheriff's Office. Page 25 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447 DATE: Dec 4, 2012 TO: Mayor and City Council FROM: Regina Michaud, Recreation Manager through Diane Evans, Director of Parks &Recreation SUBJECT: Recreation Update Special Event Report — Plymouth Arts Fair Event Date/Time: Saturday & Sunday, Number of Participants: November 17 & 18, 10 a.m.-5 p.m. Number of Artist Exhibitors: 31 Number of Attendees: 1500 Number of Volunteers: 65 Juried artfair—paintings, sculpture, Special Note: Jewelry, live music and children's Event Activities: activities made this an event for the Event Staff: whole family Special Note: Renovated program, back after a two Event Net Revenue: year hiatus. Event Staff: Recreation Supervisor, Travis Karlen Event Net Revenue: $800.00 Old Fashioned Christmas Event Date/Time: Sunday, December 2, 2-5 p.m. Number of Participants: 825 Number of Volunteers: 56 Santa & Mrs. Claus, elves, reindeer, caroling, Event Activities: storytelling, sleigh rides, crafts, Santa letters and more! Special Note: Event is co-sponsored by the Plymouth Historical Society Event Staff: Recreation Program Coordinator Jessica Converse Event Net Revenue: FREE Community Event Page 26 2012 FALL PROGRAM PARTICIPATION AND REVENUE AGE GROUPS PARTICIPATION REVENUE PRESCHOOL PROGRAMS 700 $39,000 YOUTH PROGRAMS 1511 $85,000 TEEN PROGRAMS 84 $6,500 ADULT PROGRAMS 962 $91,000 SENIOR PROGRAMS 1662 $26,000 ALL AGES PROGRAMS 335 $20,000 TOTAL 9,130 $267,500 *numbers are current as of12.4.12, some programs/events are still taking registrations. Page 27 Plymouth Creek Center & Fieldhouse December CIM Report Plymouth Creek Center • Held 3 larger Park & Recreation events in 2 weeks. Bridal Expo on November 3. Had 100 participants and 33 vendors. Kids Garage sale on November 4. Plymouth Arts fair on November 17 & 18. • Held 5 large special events and 1 wedding reception • Hosted the Lion's Waffle Breakfast • Working on improving the sound system in the building. • Repaired large crack in kitchen tile Millennium Garden • Installed 10 solar LED bricks to illuminate the walkway Fieldhouse • Hosted 4 birthday parties • 411.5 hours were booked on the field • Attendance for preschool open play was just under 1,000 kids and about 400 for high school open play • Maintenance staff trained on the propane back up system Senior Services November 2012 was a busy month for the senior program. The highlight of the month was our Veterans Breakfast where 120 people enjoyed a breakfast of pancakes and sausages. We had close to 80 veterans from WWII, Korean War and the Vietnam War who attended as our guests. Our speaker was Dan Hartman, military historian, who presented on an overview of the 20th century US wars. Page 28 Adopted Minutes Charter Commission Meeting December 14, 2011 Chair Preus called the Annual Meeting of the Plymouth Charter Commission to order at 7:00 p.m. in Medicine Lake Room at City Hall, 3400 Plymouth Boulevard, on December 14, 2011. Commission Members Present Absent Chairperson Preus X Terry Donovan X Lawrence Marofsky X Donald Levens X Louise Speck X Lori Schwartz X Anne Andreasen X Terry Cheng X Tom Bengtson X Thomas Murphy X Jim Willis X Dharam Bobra X Richard Dunn X GreggFishbein X Also present: City Clerk Engdahl. Approval of Minutes Motion was made by Commissioner Marofsky, and seconded by Commissioner Willis, to approve the minutes from the December 8, 2010 Annual Meeting. With all members voting in favor, the motion carried. Reports of Chair Chair Preus reported that the terms for Commissioners Donovan, Marofsky, Levens, Speck, and Schwartz were extended to 2013 as they were recently appointed/reappointed for two year terms versus four year terms. This will allow all terms on the commission to remain staggered. Adopted Minutes 1 of 3 Annual Meeting of December 14, 2011 Page 29 Chair Preus reported that the terms for Commissioners Dunn and Fishbein will expire early 2012. The City will be advertising these vacancies with an application deadline of February 1, 2012. Applications need to be submitted to the Honorable James T. Swenson, Chief Judge of the Fourth Judicial District. Unfinished Business There was no unfinished business. New Business Election of Officers Motion was made by Commissioner Dunn, and seconded by Commissioner Willis, to elect Christian Preus as Chairperson of the Charter Commission for 2012. With all members voting in favor, the motion carried. Motion was made by Commissioner Marofsky, and seconded by Commissioner Willis, to elect Richard Dunn as Vice Chairperson of the Charter Commission for 2012. With all members voting in favor, the motion carried. Motion was made by Commissioner Marofsky, and seconded by Commissioner Willis, to elect Andreasen as Secretary of the Charter Commission for 2012. With all members voting in favor, the motion carried. Annual Report to District Court Judge The annual report was approved as presented. Responsibilities of the Charter Commission Chair Preus reported that the past few years the Charter Commission hasn't been particularly active. When issues are brought forward by the Charter Commission or the City Council, they can be controversial, and there will be discussion and possible action. He briefly highlighted items that have come before the Charter Commission during the past several years. He stated following the December 8, 2010 annual meeting, a few commissioners suggested that the Charter Commission conduct a joint meeting with the City Council to discuss any issues or items of interest. Commissioner Dunn suggested that staff contact the League of Minnesota Cities to see what current issues are facing charter commissions, and if they have a resource that could meet with the Charter Commission. Adopted Minutes 2 of 3 Annual Meeting of December 14, 2011 Page 30 Commissioner Willis stated the City Attorney could also meet with the Charter Commission to discuss their role and responsibilities. City Clerk Engdahl informed the Charter Commission that a Committee and Commission Event is being planned for February 2 from 6:00-7:30 p.m. All committee and commission members are invited to this event. The agenda for the evening is dinner, recognition to outgoing committee and commission members, and a presentation from the City Attorney on a number of topics that are of interest to committee and commission members, such as open meeting law, conflict of interest, data practices, record retention, etc. She stated perhaps the Charter Commission would like to meet with the City Attorney at 7:30 p.m. for a discussion on the role and responsibilities of charter commissions, current issues facing other charter commissions, etc. She stated she would contact the League of Minnesota Cities as suggested by Commissioner Dunn. Motion was made by Commissioner Dunn, and seconded by Commissioner Marofs . , to schedule a meeting of the Charter Commission on February 2 at 7:30 p.m. for the purpose of meeting with the City Attorney and/or a representative of the League of Minnesota Cities on the role and responsibility of the charter commissions, current issues facing other charter commissions, and any other items of interest. With all members voting in favor, the motion carried. Adjournment Motion was made by Commissioner Murphy, and seconded by Commissioner Donovan, to adjourn the meeting at 7:22 p.m. With all members voting in favor, the motion carried. Sandra R. Engdahl, City Clerk Adopted Minutes 3 of 3 Annual Meeting of December 14, 2011 Page 31 Adopted Minutes Charter Commission Meeting February 2, 2012 Chair Preus called a Special Meeting of the Plymouth Charter Commission to order at 8:00 p.m. in the Medicine Lake Room at City Hall, 3400 Plymouth Boulevard, on February 2, 2012. Commission Members Present Absent Chairperson Preus X Terry Donovan X Lawrence Marofsky X Donald Levens X Louise Speck X Lori Schwartz X Anne Andreasen X Terry Cheng X Tom Bengtson X Thomas Murphy X Jim Willis X Dharam Bobra X Richard Dunn X GreggFishbein X Also present: City Attorney Knutson and City Clerk Engdahl. Legal Update on Charter Commissions City Attorney Knutson provided a legal update on charter commissions. The items covered in this update included definitions of types of cities (statutory or home rule charter), historical trends, amending charters, preemption, and recent topics that have been discussed by other charter commissions. He stated the City has a good, clean charter, and it doesn't create constant issues for conducting business. By request of Commissioner Dunn, City Attorney Knutson discussed the various forms of city governments. Commissioner Dunn asked who should evaluate if the council/manager form of government is effective. City Attorney Knutson replied the Charter Commission or the City Council. He stated the authority of a city manager can be changed under State Statute 412. Commissioner Willis added the city manager position is responsible to the city council to carry out their directives, and the city council has the authority to fire the city manager at will. He stated the city manager needs to organize, direct, and evaluate city staff in order to accomplish Adopted Minutes 1 of 2 Special Meeting of February 2, 2012 Page 32 the work that the city council has directed and budgeted. He stated the City's form of government is a good system, and he's not aware of any problems or concerns. Commissioner Dunn suggested at some time the future, someone, whether it's the Charter Commission, City Council, or outside source, should evaluate whether the City is operating effectively with the council/manager form of government. Also, are there any changes that should be made in how the City Charter describes the authority of the city manager. No discussion was held on this suggestion. There were no further questions for City Attorney Knutson. Adjournment Motion was made by Commissioner Speck, and seconded by Commissioner Bengtson, to adjourn the meeting at 8:50 p.m. With all members voting in favor, the motion carried. Sandra R. Engdahl, City Clerk Adopted Minutes 2 of 2 Special Meeting of February 2, 2012 Page 3 3 Adopted Minutes Special Council Meeting September 11, 2012 Mayor Slavik called a Special Meeting of the Plymouth City Council to order at 5:30 p.m. in the Medicine Lake Room, 3400 Plymouth Boulevard, on September, 2012. COUNCIL PRESENT: Mayor Slavik, Councilmembers Wosje, Willis, Bildsoe, Johnson, Stein, and Black. ABSENT: None. STAFF PRESENT: City Manager Ahrens, Administrative Services Director Callister, Parks and Recreation Director Evans, Community Development Director Juetten, Public Works Director Cote, and City Clerk Engdahl. Major Street Funding Options Administrative Services Director Callister stated Peony Lane and Vicksburg Lane projects have been identified in the City's Capital Improvement Program (CIP) to be undertaken in the next few years. The Peony Lane project, in 2014, is estimated at $11.3 million while the Vicksburg Lane project, in 2015 and 2016, is estimated at $19.4 million. He stated funding options for these projects include Federal funding, special assessments (report assumes that a residential property would be assessed based on a 32 -foot wide roadway), bonds (issued for 15 -year term at 3%), area charges, franchise fees, and the utility trunk fund. He stated for Peony Lane, funding is currently not designated in the CIP. Although the exact funding source is unknown, it will likely come from a variety of sources. A funding mix of special assessments and MSA funds is assumed to finance the street improvements. He noted another option for funding a portion of Peony lane is establishing, by ordinance, a development fee similar to park dedication that would be dedicated to fund this roadway. This fee would only apply to developing properties in Northwest Plymouth. This could generate approximately $1,813,000 or a total of 20% of the construction cost. Councilmember Johnson asked what's changed in funding from roads that were constructed earlier to current date. Public Works Director Cote replied the current economic condition and timing is different. Current projects are a combination of State aid and special assessments and less Federal funding. Councilmember Johnson asked if the City qualifies for Federal funds. Public Works Director Cote replied the City has roads that are eligible. Applying for Federal funds is a competitive process, and the Metropolitan Council is involved. Adopted Minutes 1 of 3 Special Meeting of September 11, 2012 Page 34 Councilmember Willis cautioned the Council there will be land acquisition costs for Peony Lane. Councilmember Wosje asked why staff isn't considering area wide assessment for Vicksburg Lane. Public Works Director Cote replied the City would need to prove benefit when the residents currently have access. It's easier to prove benefit with no roadway, such as Peony Lane, versus widening the roadway, like Vicksburg Lane. Councilmember Bildsoe stated timing is very critical when it comes to bonding as the rates are good currently but that rate could change in two years. He stated there needs to be a combination of all the funding options that staff outlined in their report. He noted with the franchise fee, all taxpayers share in the cost. He doesn't support raising property taxes 9% to 10% to cover the costs. Councilmember Wosje stated he's not opposed to considering all the funding options that staff identified. He doesn't totally support franchise fees as once you do it, it never goes away. It's also not transparent to the residents. Regarding area charges, he stated it makes sense to charge to those who will get the primary benefit, even though that hasn't been the practice. Councilmember Stein stated he could support area wide assessment and franchise fee. Councilmember Black stated she's unsure about implementing franchise fees, as the current Council could designate the funds towards roads, but that wouldn't preclude a future council from designating the funds to something else. Mayor Slavik summarized the area charges and franchise fees contained in staff's report and stated these methods should be considered as funding options. NW Area Infrastructure Funding Public Works Director Cote reported on the Northwest Area Trunk Study (feasibility report). He explained this report was requested by the Council. The report looks at how to develop the remaining part of Northwest Plymouth with utilities. He noted the properties contained in the appendix and how they're currently being serviced. Steve Roell, 5915 Dunkirk Lane, referred to Segment 3A on the report, and he requested that whoever develops this property, the sewer should go down County Road 47. There wouldn't be a need for a lift station to service that property. Public Works Director Cote stated the Elm Creek interceptor serves all of Northwest Plymouth. There isn't a significant difference in base grade to where it's connected. Therefore, there wouldn't be a need for a lift station. The sewer is 10 feet deep through the wetlands and 25 feet deep at Dunkirk Lane. Adopted Minutes 2 of 3 Special Meeting of September 11, 2012 Page 3 5 Judy Luedke, 17910 County Road 47, stated the whole area won't be developed at the same time. Some people will get the new roadway now, but won't be able to develop their property for 10 to 15 years, which was similar to the construction of the Elm Creek interceptor. She stated this is very disruptive to residents, and she's not the only one who's upset by this. She noted the traffic on the Peony Lane at all hours of the day due to Wayzata High School. She voiced her displeasure with how the City has developed the Northwest Plymouth area. Future Study Sessions The Council scheduled no study sessions. Adjournment Mayor Slavik adjourned the meeting at 6:57 p.m. Sandra R. Engdahl, City Clerk Adopted Minutes 3 of 3 Special Meeting of September 11, 2012 Page 36 Adopted Minutes Regular Council Meeting September 18, 2012 Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:05 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on September 18, 2012. COUNCIL PRESENT: Mayor Slavik, Councilmembers Johnson, Willis, Bildsoe, Stein, and Wosje. ABSENT: Councilmember Black. STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Park and Recreation Director Evans, Public Works Director Cote, Community Development Director Juetten, Police Chief Goldstein, Fire Chief Kline, Administrative Services Director Callister, and Deputy City Clerk Baird. Plymouth Forum James Grob, 1323 Sibley Memorial Highway, Mendota Heights, representing Amvets Post 1, requested that the Council amend Section 1105.09 of the City Code regarding the qualifications of non-profit organizations conducting gambling in Plymouth. Their organization desires to conduct lawful gambling at Lucky 13's, however, they don't meet one of the four conditions as stated in Section 1105.09. Amvets has an established relationship with the owners of Lucky 13s as they conduct lawful gambling at their other restaurants in the metropolitan area. He stated the majority of their proceeds goes to local schools. Mayor Slavik stated that if the City were to make a change, that change would have to be made throughout the community and the Council would schedule a study session to discuss the issue. At this time, Lucky 13's doesn't have a liquor license with the City. Presentations and Public Information Announcements (4.01) Announcement of Heart Safe Plymouth Plymouth Rotary Representative, Russ Carlson, announced a new program called Heart Safe Plymouth which is being led by their organization. The goal is to make Plymouth a safer place to play. Heart Safe Plymouth will provide information and training on the use of external AED purchases and placements within the community. They will also register the AEDs with the 911 system. (4.02 A) Announcement of Ducks on Parade Adopted Minutes 1 of 8 Regular Meeting of September 18, 2012 Page 37 Councilmember Wosje announced the annual Ducks on Parade on September 29. Monies raised will go to local and international projects and scholarships. (4.02 B & C) Announcement of Plymouth on Parade and the Plymouth Firefighters 5K Run on September 29 Parks and Recreation Supervisor Anderson announced the Plymouth on Parade and the Plymouth Firefighters 5K run on September 29. (4.03) Announcement of Music in Plymouth Endowment Fund Wine Tasting Event on October 4 Mayor Slavik announced the Music in Plymouth Endowment Fund Wine Tasting Event on October 4 at Plymouth Creek Center. (4.04) Announcement of Plymouth Community Foundation Legacy Dinner on September 27 Councilmember Willis announced the Plymouth Community Foundation Legacy Dinner on September 27 at the Crown Plaza Hotel. Approval of Agenda Motion was made by Councilmember Bildsoe, and seconded by Councilmember Wosje, to approve the agenda. With all members voting in favor the motion carried. Consent Agenda Item 6.05 was removed from the Consent Agenda and placed under General Business as item No. 8.001. City Manager Ahrens noted an amended copy of 6.01 was presented to the Council due to a typographical error. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Wosje, to adopt the Consent Agenda that included the following items, including item No. 6.01 as amended: (6.01) Resolution Approving Declaring a Finding of "No Need" for an Environmental Impact Statement (EIS) based upon review of the Environmental Assessment Worksheet (EAW) dated July 10, 2012 for the Proposed Peony Lane/Lawndale Lane Extension (2012070 — Res2012-279). (6.02) Resolution Approving Disbursements ending September 8, 2012 (Res2012-280). (6.03) Resolution Accepting Utilities for Continual Maintenance for Taryn Hills 11th Addition (2010080 — Res2012-281). Adopted Minutes 2 of 8 Regular Meeting of September 18, 2012 Page 38 (6.04) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Salt Storage Facility (11035 — Res2012-282). (6.05) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.001). (6.06) Resolution to Authorize the Mayor and City Manager to Enter into a Multi -Agency Law Enforcement Joint Powers Agreement to Participate in the Minnesota Internet Crimes Against Children Task Force (Res2012-283). With all members voting in favor, the motion carried. Public Hearings There were no public hearings scheduled. General Business (8.001) Variance for Michlitsch Builders, Inc. for Properties located at 12015 28th Avenue and 12025 28th Avenue (2012031). Mr. Bodner, owner of 2745 Hemlock Lane, stated the water run off designated on the proposed plan for this project would make water run off onto his property if no other adjustments are made. His concerns are that the water comes from all directions damaging current landscaping. There was no quantification of water run off proposed. He asked what criteria are used that makes this acceptable? Were considerations given as to who will be financially responsible for the damages to his property in regards to his landscaping and patio? Public Works Director Cote replied in the original plan, the run off was directed to the east, which was a Council concern. The revised plan directs water to go between the two properties. The site is being graded to drain most of the water to the infiltration basin between the two properties, which were approved by the watershed district. Mayor Slavik asked who would be responsible for the costs of any damages. Public Works Director Cote replied it is the builder's responsibility during construction. Councilmember Willis asked if there was any data on the rate and intensity of the run off to the parcel on the east. Public Works Director Cote replied no. The calculations provided included determining pre -and post -run off. The pre -run off rate was more than that of the post -run off rate. Adopted Minutes 3 of 8 Regular Meeting of September 18, 2012 Page 39 Councilmember Stein inquired as to whether this grading proposal is vastly different than any other developments in the City. Public Works Director Cote replied the proposal is not different, however it is unique. Mayor Slavik asked if there would be additional silt fencing placed during construction and if the City and the watershed will be performing inspections. Community Development Director Juetten replied yes. Motion was made by Councilmember Johnson, and seconded by Councilmember Wosje, to adopt a Resolution Approving a Variance for Michlitsch Builders, Inc. for Properties located at 12015 28th Avenue and 12025 28th Avenue (2012031 - Res2012-284). With all members voting in favor, the motion carried. (8.01) Site Plan, Conditional Use Permit, and Final Plat for a SuperAmerica Gas/Convenience Store (northeast corner of County Road 47 and Vicksburg Lane - 2012061) Senior Planner Drill presented the plans for the proposed SuperAmerica gas/convenience store with car wash. In 2000, the property was zoned commercial as part of the City's Comprehensive Plan. In 2005, the property was zoned C2. Walgreens was constructed in 2008 and Foundation Hill was constructed in 2010. There are two driveways included in this plan with a 4,300 square foot building. The front of the building would face south towards County Road 47. The gas pumps and canopy would be south of the building. A car wash would be installed on the backside of the building. He stated the proposed development meets or exceeds all City standards in regards to setbacks, parking spaces, lot coverage, landscaping, signage, lighting, etc. The proposed design of the building would comply with City ordinance standards. The conditional use permit is required for all gas convenience stores. The owners desire to operate the station 24 hours. The car wash and vacuum must maintain noise ordinance compliance. The Planning Commission is recommending no car wash accessibility between the hours of 11:00 p.m. and 6:00 a.m. The final plat complies with all City regulations. Councilmember Bildsoe asked if there are plans to perform auto repair work? Senior Planner Drill replied no. Councilmember Bildsoe inquired as to the small outlot on the north side of the property. Senior Planner Drill replied plans are for a small office building. Councilmember Johnson stated that 24-hour operation is prohibited in the City. Senior Planner Drill stated the owners desire to extend the hours between 11:00 p.m. and 6:00 a.m. for store operation and gas only, no car wash operations. Councilmember Johnson said there are prohibitions on noise for a car wash, but what about the speakers on the gas pumps. Senior Planner Drill replied the entire site is restricted for hours on vacuum and car wash. Speakers would be on the gas pumps. Adopted Minutes 4 of 8 Regular Meeting of September 18, 2012 Page 40 Councilmember Wosje stated that according to the chart, the pump islands are right next to the residential lot line. He asked what the distance is to the Montessori school. Senior Planner Drill replied that the school is 220' away from the pump islands, which is considered a commercial property and not a residential property, which would require a 300' setback. Councilmember Stein stated when the Montessori school was built in 2010, they knew there were plans for a potential gas station at that time. Dennis Cornelius, 4555 Magnolia Lane, applicant, addressed the Council in response to the residential comments submitted to the City on this item. He stated that traffic impact studies have been completed. The need for a gas station in this area will help service the residents. In regards to light pollution, they would be installing recessed light fixtures including LED light fixtures. The light levels will be below the standard required by the City and would meet the current City Code. They will make sure the water run off goes directly to the storm system and will not create excess drainage on the north side of the property. Snow removal will be handled on-site. The Fire lane access dictated by the Plymouth Fire Department when the Montessori school was built will be maintained. The plan illustrates a one-way direction with curbing to prevent station users from going there. The sound issues will be met with the standards required by the City. He stated in regard to environmental issues, they have developed a plan that shows the area of a possible leak and it shows that the leak would not interfere with residential homes. There will be three state-of-the-art underground storage tanks with fiberglass piping, and a stage 1 fill station. There will also be continuous monitoring of the property and equipment. In addition, all automobiles manufactured after 2009 now require onboard vapor recovery, therefore, reducing emissions to a safe level for a residential area. Councilmember Johnson asked when delivery hours would be. Mr. Cornelius replied the City has an ordinance on deliveries, and they will comply with those restrictions. There was discussion about the 24-hour operation. Councilmembers Johnson, Willis, Wosje and Mayor Slavik would not support it. Councilmember Wosje reiterated that the Holiday Stationstore on County Road 24 wanted to extend their hours and be open for business from 5:00 a.m. — 12:00 a.m. and the Council denied it because it was in a residential area. Councilmember Johnson stated that Walgreens is not open 24 hours either. Councilmember Stein explained that the station on County Road 24 and County Road 9 was in a planned unit development commercial site built within a residential area and that is why they were denied those hours. Mr. Cornelius said Walgreens currently has an approved 24-hour policy on their drive-thru pharmacy. It is not known if they operate that drive-thru 24 -hours. Adopted Minutes 5 of 8 Regular Meeting of September 18, 2012 Page 41 Mayor Slavik then opened the discussion to the floor. Several Residents from Legacy Park including Hemal Kadakia, MD, Praveen Kumar, Goutham Vemuri, Annette Vemuri, Murli Nagwani, Chandra Sadineni, Ahil Kuudeh, Saravan Vivek, Subbu Gomatmayagam, spoke against the project. Raising objections to the type of business that would harm their children with cancers and leukemias. They also raised questions about emissions and exposure to radiation living close to a facility such as the proposed gas station. Other concerns included security, light pollution, noise, and privacy for their residences and daycare school in the adjoining building. One last concern by the residents is why they were not notified of the hearing. Mayor Slavik said that only property owners less than 500 feet are given notification by City ordinance. This particular site does not apply because of the arterial roadways. Senior Planner Drill added the distances to residential properties in question were not informed because they are not property owners, but renters. The City notified all property owners within 500' from the property line. Councilmember Stein said the property is zoned C2; therefore, why is a conditional use permit required. Senior Planner Drill replied that the ordinance requires all gas stations, whether they are C2, C3 or C4 to have a conditional use permit so additional time can be used the make sure requirements are met and it also allows the opportunity to regulate hours, etc. Councilmember Stein asked if the applicant meets all the conditions, the Council can't deny the conditional use permit. Senior Planner Drill replied that is correct. Councilmember Johnson stated she has helped guide and zone this area since 2005. If people were concerned because of a gas station proposal back then, it could have been changed. If this was property owned by the City, the Council could determine specific uses. However, when it is private property, the City doesn't have the ability to make major changes after a planned unit development is in place. She asked if the City has had issues with other daycares or conflicts with traffic around other convenience stores/gas stations. Community Development Director Juetten replied there have not been any concerns that the City is aware of. Councilmember Bildsoe asked about the hours of operation of the station on County Road 24 and Highway 55, does it open at 5:00 a.m. or 6:00 a.m.? Some stations are closed, but the pumps are open, are those regulated? Senior Planner Drill said the station opens at 6:00 a.m. If the Council wishes the pumps to remain open, but not the store, that would need to be changed. Motion was made by Councilmember Willis, and seconded by Councilmember Wosje to adopt the Resolution Approving a Site Plan, Conditional Use Permit, and Final Plat for a Gas Station/Convenience Store at the Northeast Corner of County Road 47 and Vicksburg Lane with changes made to paragraph 2, removing "together with 24-hour operations", and remove item 3 entirely. Adopted Minutes 6 of 8 Regular Meeting of September 18, 2012 Page 42 Councilmember Bildsoe stated he could support use of only the pumps after hours. Councilmember Willis stated he wouldn't support use of the pumps after 11:00 p.m. Motion was made by Councilmember Bildsoe to amend the motion to allow operation of pay at pumps only between the hours of 11:00 p.m. and 6:00 a.m. This motion failed for a lack of a second. The Council voted on the main motion and with all members voting in favor, the motion carried. (8.02) Hennepin Youth Sports Program Grant for a training facility at the Plymouth Ice Center Parks and Recreation Director Evans reported on the proposed Hennepin Youth Sports Program Grant for a training facility at the Ice Center. The funds from this grant, if approved, would be used to construct a 7,220 square foot training facility for youth sports at the Ice Center. Grants awarded range from $10,000 - $325,000. If the grant is awarded, matching funds would be required and the project would need to be completed by June 30, 2014. The proposed project would be a public- private partnership between Acceleration Minnesota NW, Wayzata Youth Hockey Association, the Lions Booster Club, and the City. She Wayzata Youth Hockey Association has confirmed a $100,000 contribution. The Lions Booster Club has unofficially indicated support of $50,000. As the project moves forward, staff will look for other financial partners. The cost of the facility is estimated at $960,000. She stated the training facility would be leased to and operated by Acceleration Minnesota NW. The facility would provide athletic training and skill development for all sports. Components of their training include plyometrics, strength training, a high speed running treadmill, and the hockey treadmill. As part of the project, the City would establish a long-term 10 -year lease agreement with Acceleration Minnesota NW to operate the facility. This would also provide a safe training area for the youth. Staff anticipates the facility will generate $60,000-$65,000 per year of non -ice revenue for the City. There is also a possibility of increased revenue from concessions. Councilmember Bildsoe asked if the grant is approved, when will the Council have a more detailed look at the plans for the facility. Parks and Recreation Director Evans replied the grant is due October 5, and the Hennepin County Board will review the applications in December. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to adopt a Resolution Authorizingthe he Application and Execution of the Hennepin County Youth Sports Grant for a TrainingFacility at the Plymouth Ice Center (Res2012-286). With all members voting in favor, the motion carried. Reports and Staff Recommendations There were no reports and staff recommendations. Adopted Minutes 7 of 8 Regular Meeting of September 18, 2012 Page 43 Adjournment Mayor Slavik adjourned the meeting at 9:20 p.m. Lisa K. Baird, Deputy Clerk Adopted Minutes 8 of 8 Regular Meeting of September 18, 2012 Page 44 Adopted Minutes Regular Council Meeting October 9, 2012 Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:00 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on October 9, 2012. Cub Scout Den 2, Pack 537, led the Council in the Pledge of Allegiance. COUNCIL PRESENT: Mayor Slavik, Councilmembers Willis, Bildsoe, Stein, Black, and Wosje. ABSENT: Councilmember Johnson. STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Park and Recreation Director Evans, Public Works Director Cote, Community Development Director Juetten, Finance Manager Bursheim, Fire Chief Kline, Police Chief Goldstein, and City Clerk Engdahl. Plymouth Forum Alan Napier, 16520 39th Avenue North, discussed the route permit for the proposed Excel Energy power line going through the City. He stated the applications on behalf of Excel Energy remain the same as well as the proposed route. He requested the Council to take a more aggressive stance with regard to the applications, but specifically, with the proposed route from Excel Energy. The alternative Route E, that the City proposed, hasn't convinced Excel Energy that this is the best route for the power company and the community. There would be 286 homes that would be directly impacted by Excel Energy's route. The values of their homes would be impacted severely. He stated the citizens south of Highway 55 hired a lawyer, and he suggested that the City be more aggressive and use the City Attorney. Mayor Slavik stated the City has no authority over this project. Staff and Councilmembers have attended the meetings, and the City has tried to get the area legislators involved. She noted that there is a cost in using the City Attorney and residents in other parts of the City could question why their tax dollars are paying for those services. Also there could be residents who might be upset if the City Attorney represents a route that adversely affects other residents. The City continues to monitor this project very closely. Presentations and Public Information Announcements (4.01) Announcement of Fire Department Open House on October 13 Fire Chief Kline reported on the Fire Department's open house on October 13 at Fire Station 3. Adopted Minutes 1 of 5 Regular Meeting of October 9, 2012 Page 45 Approval of Agenda By request of staff, Mayor Slavik removed Item No. 6.16 under the Consent Agenda. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Wosje, to approve the amended a eg nda. With all members voting in favor the motion carried. Consent Agenda Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to adopt the amended Consent Agenda that included the followingitems: tems: (6.01) Minutes of the Regular Meetings of August 14, August 28, and September 11 and Special Meetings of August 21 and August 28. (6.02) Resolution Approving Disbursements ending September 29, 2012 (Res2012-287). (6.03) Resolution Appointing Additional Election Judges for the November 6 General Election (Res2012-288). (6.04) Resolution Approving a Lease Termination Agreement and General Release from Nextel West Corporation (Res2012-289). (6.05) Approval of comments on the Metropolitan Council's Thrive MSP 2040 Plan. (6.06) Resolution Authorizing a First Amendment to the Development Contract for Elm Creek Highlands East 3rd Addition (2012055 - Res2012-290). (6.07) Resolution Approving Plans and Specifications and Ordering the Advertisement for Bid for Well No. 17 Pumping Facility (10024 - Res2012-291). (6.08) Resolution Approving Request for Payment No. 2 and Final for the Vicksburg Lane Overlay Project (10026 — Res2012-292). (6.09) Resolution Approving Request for Payment No. 3 and Final for 2012 Street Sweeping Project (12012 — Res2012-293). (6.10) Resolution Changing the Medical Insurance Provider to Medica (Res2012-294). (6.11) Resolution Accepting Utilities for Continual Maintenance for Arbor Grove 1 st (2010059 — Res2012-295). Adopted Minutes 2 of 5 Regular Meeting of October 9, 2012 Page 46 (6.12) Resolution Approving the Filling of Wetlands and the Wetland Replacement Plan Application for Kirkwood Addition (2012041 — Res2012-296). (6.13) Resolution Approving Encroachment Agreement for a Retaining Wall within a Drainage and Utility Easement in Lot 8, Bock 1, Heritage Estates 2nd Addition at 3385 Sycamore Lane North (Res2012-297). (6.14) Resolution Approving Encroachment Agreement for Deck Steps within a Drainage and Utility Easement in Lot 8, Block 1, Hampton Hills 2nd Addition at 15400 55th Court North (Res2012-298). (6.15) Resolution Approving Final Plat for "Hampton Hills South Plateau 2nd Addition for Property located South of Pomerleau Lake (2012078 — Res2012-299). (6.16) (This item was removed from the agenda). (6.17) Resolution Approving a Final Plat and Development Contract for US Home Corporation, d/b/a Lennar for "Kirkwood" for Property located at 5205, 5250, 5330 and 5350 Dunkirk Lane (201204 IF — Res2012-300) and a Resolution Adopting Assessments for Trunk Sanitary Sewer and Watermain for Kirkwood (2012-41 — Res2012-301). (6.18) Ordinance Amending the Zoning Ordinance to Classify Certain land located South of 54th Avenue between Dunkirk and Vicksburg Lanes (2012054 — Ord2012-24), Resolution Approving Findings of Fact for the Rezoning of Land located South of 54th Avenue between Dunkirk and Vicksburg Lanes (2012054 — Res2012-302), and a Resolution Approving a Preliminary Plat for US Home Corporation, d/b/a Lennar for "Kirkwood IP' for Property located South of 54th Avenue between Dunkirk and Vicksburg Lanes (2012054 — Res2012-303). (6.19) Resolution Approving Lawful Gambling License Application of Wayzata Hockey Association for Lucky 13 (Res2012-304). With all members voting in favor, the motion carried. Public Hearings (7.01) Certification of Delinquent Utility Accounts, False Alarms, Tree Removals, and Weed Eradication Charges Finance Manager Bursheim reported on the proposed assessments. Mayor Slavik opened the public hearing. Mayor Slavik declared the public hearing closed. Adopted Minutes 3 of 5 Regular Meeting of October 9, 2012 Page 47 Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to adopt a Resolution Approving Certification to the County for Delinquent Utility Accounts, False Alarms, Tree Removal, and Weed Eradication Charges (Res2012-305). With all members voting in favor, the motion carried. (7.02) Vacation of a Portion of a Platted Drainage and Utility Easement within Outlot A, Taylor Creek Addition Public Works Director Cote reported on the proposed vacation. Mayor Slavik opened the public hearing. Mayor Slavik declared the public hearing closed. Motion was made by Councilmember Willis, and seconded by Councilmember Wosje, to adopt a Resolution Authorizing the Vacation of a Portion of a Platted, Drainage and Utility Easement within Outlot A, Taylor Creek Addition (Res2012-306). With all members voting in favor, the motion carried. General Business (8.01) Modified Alignment (Alignment 3B) and Typical Section for Peony Lane North of Schmidt Lake Road (10015) Public Works Director Cote stated the City begun the process of evaluating the potential extension alignments for Peony Lane north of Schmidt Lake Road. The study developed four potential alignments for the Peony Lane extension, including one identified by residents. On July 10, 2012, Alignment 3 was selected by the Council as the preferred alignment and the Environmental Assessment Worksheet (EAW) for the project was approved for distribution. He explained in response to comments and questions raised during the review of the EAW, a modified Alignment 3 (Alignment 3B) was developed to address impacts to private property. Alignment 3B was evaluated for the same transportation, land use, environmental, and cost criteria as the other alternatives and was found to retain the same strong qualities as Alignment 3, but significantly reduces the impacts to private parcels, and reduces the amount of property necessary for permanent and temporary acquisition (1.83 acres less permanent easement for Alignment 3B on the Baer property alone). It slightly increases the wetland impacts, but has the benefit of reducing the floodplain impacts. He stated regarding the City property in question, that property was purchased in 2007 as part of the Northwest Greenway. At the time of purchase, it was contemplated that Peony Lane would assume five acres of that property for right-of-way, leaving a remnant on the west side of the roadway for purchase. He showed two concepts for the property. He stated a detailed wetland delineation of this property was performed in 20120 in order to fully address the potential environmental impacts from the proposed Peony Lane project. The delineation results in more Adopted Minutes 4 of 5 Regular Meeting of October 9, 2012 Page 48 wetland and less upland on the City -owned property than was assumed when the City purchased the property. Alignment 3 would result in a 1.81 acre remnant parcel on the west side of Peony Lane that could be available for resale after the construction of the road while Alignment 3B would result in a 3.69 acre remnant parcel. Staff believes that the larger remnant parcel is more attractive for resale than the smaller remnant parcel. The proceeds from the sale of the remnant parcel could be used to assist in funding future property acquisition for the Northwest Greenway. He discussed the analysis of the typical section options for the Council to consider. He stated the consultant's recommendation is basically a four -lane divided facility without on -road bicycle lanes based on projected traffic volumes unless access to the roadway is controlled, in which case they recommend a four -lane undivided roadway with turn lanes at major intersections without on -road bicycle lanes. He discussed funding options as contained in the staff report which could include area wide assessment, municipal state aid funds, general obligation state aid bonds, and funding from the utility trunk fund. Staff is recommending approval of the following: 1. Alignment 3B as the preferred alignment and authorize commencement of final design on alignment 3B. 2. Four -lane undivided typical section, striped for two lanes and a center left turn lane with on -road bike lane at this time with adequate width to be striped as four lanes in the future should conditions warrant. 3. Use of state aid bonds as a funding source for a portion of the construction costs. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to adopt a Resolution Approving Preferred Alignment (Alignment 3B) and Authorize Design, 1, Approve Typical Section, and Approve state aid bonds as a funding source for a portion of the construction costs for Peonv Lane North of Schmidt Lake Road (10015 — Res2012-307). With all members voting in favor, the motion carried. Reports and Staff Recommendations There were no reports and staff recommendations. Adjournment Mayor Slavik adjourned the meeting at 7:55 p.m. Sandra R. Engdahl, City Clerk Adopted Minutes 5 of 5 Regular Meeting of October 9, 2012 Page 49 Adopted Minutes Regular Council Meeting October 23, 2012 Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:04 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on October 23, 2012. COUNCIL PRESENT: Mayor Slavik, Councilmembers Willis, Bildsoe, Stein, Black, Johnson, and Wosje. ABSENT: None. STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Park and Recreation Director Evans, Public Works Director Cote, Community Development Director Juetten, Deputy Fire Chief Springer, Deputy Police Chief Plekkenpol, Administrative Services Director Callister, Communication Manager LaFave, Recreation Supervisor Krumholz, Recreation Supervisor Lauer, and City Clerk Engdahl. Plymouth Forum The owner of Eat Shop Kitchen (former Joe Sensor's), announced upcoming events on October 30 and November 6. Presentations and Public Information Announcements (4.01) Announcement of Halloween at the Creek on October 31 Recreation Supervisor Krumholz announced this year's Halloween on the Creek on October 31. (4.02) Announcement of Plymouth Pet Expo on November 3-4 Recreation Supervisor Lauer announced the Plymouth Pet Exp on November 3-4 at the Plymouth Creek Center. (4.03) Announcement of Paint the Pavement 5K Fun Run/Walk on November 10 Recreation Supervisor Krumholz announced Paint the Pavement 5K Fun Run/Walk on November 10. (4.04) Announcement of General Election Adopted Minutes 1 of 4 Regular Meeting of October 23, 2012 Page 50 City Clerk Engdahl announced the November 6 General Election and the hours of voting. (4.05) Announcement of Photo Contest Winners Communication Manager LaFave announced this year's photo contest winners (Lisa Jabar, LuAnne Weiss, Gloria Rice, Corey VanScoyk, Janet Brown, Rob Thomas, Peg Brantman, Kevin Hawkins, Elizabeth Senne, Danny Dobrin, Elisabeth Ansley, Laura Bergstrom, Jim Eason, and Anjelica Martino). Approval of Agenda Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to approve the a-eg nda. With all members voting in favor the motion carried. Consent Agenda Motion was made by Councilmember Willis, and seconded by Councilmember Johnson, to adopt the Consent Agenda that included the followingitems: tems: (6.01) Resolution Approving a One -Year Extension of the Development Approvals for JGM Properties Inc. for Properties located at 9909 South Shore Drive and 1605 State Highway 55 (2008084 — Res2012-309). (6.02) Resolution Approving Disbursements ending October 13, 2012 (Res2012-310). (6.03) Resolution Approving a Tobacco License for Montecore LLC, d/b/a MGM Wine and Spirits, 3900 Vinewood Lane North, No. 1 (Res2012-311). (6.04) Ordinance Amending the Zoning Ordinance of the City Code to classify Certain Land located at 4520 Holly Lane North (2012063 — Ord2012-25), Resolution Approving Findings of Fact for the Rezoning of Land located at 4520 Holly Lane North (2012063 — Res2012-312), and a Resolution Approving a Preliminary and Final Plat for Gary Anderson for "Homeland" for Property located at 4520 Holly Lane North (2012063 — Res2012-313). (6.05) Resolution Approving Payment No. 10 and Final for Deep Well No. 17 (10024 — Res2012-314). (6.06) Resolution Awarding Contract for Nature Canyon Erosion Repair (11023 - Res2012-315). (6.07) Resolution Awarding Contract for Salt Storage Facility (11035 - Res2012-316). (6.08) Resolution Accepting a Donation from RTT Mobile Interpretation Inc. (Res2012-317). Adopted Minutes 2 of 4 Regular Meeting of October 23, 2012 Page 51 (6.09) Resolution Authorizing an Amendment to the Agreement with Three Rivers Park District (2011058 — Res2012-318). With all members voting in favor, the motion carried. Public Hearings (7.01) On Sale Liquor and Sunday Liquor applications from Two Prix and a Princess, d/b/a Lucky's 13 Pub, 3000 Harbor Lane City Clerk Engdahl reported on the On Sale Liquor and Sunday Liquor applications from Two Prix and a Princess, d/b/a Lucky's 13 Pub, 3000 Harbor Lane. Mayor Slavik opened the public hearing. Mayor Slavik declared the public hearing closed. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Wosje, to adopt a Resolution Approving the On Sale Liquor and Sunday Intoxicating Liquor Licenses for Two Prix and a Princess, d/b/a Lucky's 13 Pub, 3000 Harbor Lane (Res2012-319). With all members voting in favor, the motion carried. (7.02) Off Sale Liquor License application from Montecore, LLC, d/b/a MGM Wine and Spirits, 3900 Vinewood Lane North City Clerk Engdahl reported on the Off Sale Liquor application from Montecore, LLC, d/b/a MGM Wine and Spirits, 3900 Vinewood Lane North. Mayor Slavik opened the public hearing. Mayor Slavik declared the public hearing closed. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Slavik, to adopt a Resolution Approving the Off Sale Liquor License for Montecore, LLC, d/b/a MGM Wine and Spirits, 3900 Vinewood Lane North (Res2012-320). With all members voting in favor, the motion carried. (7.03) Off Sale 3.2 Malt Liquor License application from Holiday Stationstores, Inc., d/b/a Holiday Stationstore No. 317, 2725 Campus Drive City Clerk Engdahl reported on the Off Sale 3.2 Malt Liquor License application from Holiday Stationstores, Inc., d/b/a Holiday Stationstore, No. 317, 2725 Campus Drive. Mayor Slavik opened the public hearing. Adopted Minutes 3 of 4 Regular Meeting of October 23, 2012 Page 52 Mayor Slavik declared the public hearing closed. Motion was made by Councilmember Stein, and seconded by Councilmember Willis, to adopt a Resolution Approving the 3.2 Malt Liquor License for Holiday Stationstores, Inc., d/b/a Holiday Stationstore No. 317, 2725 Campus Drive (Res2012-321). With all members voting in favor, the motion carried. General Business There were no items under General Business. Reports and Staff Recommendations There were no reports and staff recommendations. Adiournment Mayor Slavik adjourned the meeting at 7:35 p.m. Sandra R. Engdahl, City Clerk Adopted Minutes 4 of 4 Regular Meeting of October 23, 2012 Page 53 Adopted Minutes Regular Council Meeting November 13, 2012 Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:05 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on November 13, 2012. Cub Scout Pack 538 led everyone in the Pledge of Allegiance. COUNCIL PRESENT: Mayor Slavik, Councilmembers Willis, Bildsoe, Black, Wosje, Stein, and Johnson. ABSENT: None. STAFF PRESENT: City Manager Ahrens, City Attorney Pehler, Park and Recreation Director Evans, Community Development Director Juetten, Police Chief Goldstein, Recreation Supervisor Karlen, Public Works Director Cote, Administrative Services Director Callister, Fire Chief Kline, and City Clerk Engdahl. Plymouth Forum No one was present to address the Council. Presentations and Public Information Announcements (4.01) Announcement of Plymouth Arts Fair Recreation Supervisor Karlen announced this year's Plymouth Arts Fair on November 17-18 at the Plymouth Creek Center. Councilmember Black read a proclamation declaring November 15 as "America's Recycles Day." Mayor Slavik thanked City Clerk Engdahl and her staff for conducting the recent General Election. Councilmember Johnson thanked the voters of Ward 1 for reelecting her to Ward 1. Approval of Agenda Adopted Minutes 1 of 4 Regular Meeting of November 13, 2012 Page 54 Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to gpprove the agenda. With all members voting in favor the motion carried. Consent Agenda Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to adopt the Consent Agenda that included the followin_ items: tems: (6.01) Resolution Approving Site Plan Amendment and Conditional Use Permit Amendment for Independent School District No. 284, Wayzata Public Schools to allow an Expansion at Sunset Hill Elementary School located at 13005 Sunset Trail North (2012080 — Res2012-322). (6.02) Resolution Approving Disbursements ending November 3, 2012 (Res2012-323). (6.03) Resolution Awarding a Contract for the Well No. 17 Pumping Facility (10024 - Res2012- 324). (6.04) Resolution Authorizing Pre -Payment of the $1,030,000 Taxable General Obligation Housing Improvement Bonds, Series 1998B (Res2012-325). (6.05) Resolution Indicating Intent to Withdraw from the Highway 55 Corridor Coalition Joint Powers Agreement (Res2012-326). (6.06) Resolution Approving the Feasibility Report and Cooperative Agreement with the Bassett Creek Watershed Management Commission and to order the Improvements for Construction of the Four Seasons Mall Water Quality Improvement Project (11022 - Res2012-328). (6.07) Resolution Approving Agreements with the City of Hopkins Police Department for Wireless Server Access and Records Management Services (Res2012-329). (6.08) Resolution Accepting Utilities for Continual Maintenance for Hampton Hills 4th Addition (2012005 - Res2012-330). (6.09) Resolution Approving the Purchase of a Replacement Sidewalk Machine with Snow Blower (Municipal Utility Tractor) (Res2012-331). (6.10) Resolution Approving Encroachment Agreement for a Shed, Fence and Retaining Wall within a Drainage and Utility Easement in Lot 10, Block 2, Swan Lake West at 4265 Rosewood Lane North (Res2012-332). (6.11) Resolution Authorizing the Application of a Hennepin County Capital Improvement Plan — 2013 Bikeway Program Discretionary (Bicycle Gap Program) (Res2012-333). Adopted Minutes 2 of 4 Regular Meeting of November 13, 2012 Page 55 (6.12) Resolution Approving Agreement with Midwest Coca-Cola Bottling Company (Res2012- 334). (6.13) Resolution Approving 2012-2013 Winter Snowplowing Program (Res2012-335). With all members voting in favor, the motion carried. General Business (8.01) Canvass 2012 General Election Results City Clerk Engdahl reported on the 2012 General Election Results. Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe, to adopt a Resolution Certifying the Local Results of the November 6 General Election(Res2012-336). With all members voting in favor, the motion carried. (8.03) Approve 2013 City Council Meeting Schedule The Council scheduled the Board and Committee Recognition Event on March 14. Motion was made by Councilmember Willis, and seconded by Councilmember Stein, to adopt a Resolution Approving Regular City Council and Board of Equalization Meeting Dates for 2013 (Res2012-337). With all members voting in favor, the motion carried. (8.04) Set Future Study Sessions The Council scheduled the following Study Sessions: 1. November 20 at 6 p.m. — Minnehaha Creek Watershed AIS Plan and watershed issues, franchise fees/financing options for Peony LaneNicksburg Lane, and 2013 budget and levy. 2. November 27 at 5:30 p.m. — gas station report, trail gap study, and trail maintenance. 3. December 4 at 5:30 p.m. — Council's goals and priorities for 2012. 4. January 15 at 6 p.m. — board and committee interviews. General Business There were no General Business items. Adopted Minutes 3 of 4 Regular Meeting of November 13, 2012 Page 56 Reports and Staff Recommendations (9.01) Financial Report and 2013 Budget and Tax Levy Dave Callister, Administrative Services Director, discussed the financial report (January - September 2012) and the 2013 budget and tax levy. He stated due to positive trends through the end of 2012, staff has given three possible scenarios to keep the tax levy at 0%. Councilmembers Bildsoe, Johnson, Wosje, and Black stated they are comfortable where the levy is at, which is 1.94%. Councilmember Willis stated he would like to see the levy closer to zero. His recollection is that 1.94% would appear to have very little impact on homeowners, but there would be a larger impact to the business community. Mayor Slavik and Councilmember Stein agreed. Councilmember Wosje stated he's not opposed with a 0% levy, but he would like a better idea of capital needs over the next several years. Councilmember Black noted funding needed for the park replacement fund due to serious declines in future years. Councilmember Bildsoe stated the City is facing a $22 million road expenditure in the next few years. He stated given whatever we can to pay that down or work on that now is the prudent thing to do. City Manager Ahrens suggested that this be tabled this evening and staff will provide additional tax scenarios for the November 20 study session. The Council supported that suggestion. Adiournment Mayor Slavik adjourned the meeting at 8:02 p.m. Sandra R. Engdahl, City Clerk Adopted Minutes 4 of 4 Regular Meeting of November 13, 2012 Page 57 Adopted Minutes Special Council Meeting November 27, 2012 Mayor Slavik called a Special Meeting of the Plymouth City Council to order at 5:40 p.m. in the Medicine Lake Room, 3400 Plymouth Boulevard, on November 27, 2012. COUNCIL PRESENT: Mayor Slavik, Councilmembers Wosje, Willis, Bildsoe, Johnson, Black and Stein. ABSENT: None. STAFF PRESENT: City Manager Ahrens, Parks and Recreation Director Evans, Deputy Parks and Recreation Director Northway, Community Development Director Juetten, Administrative Services Director Callister, and Deputy Clerk Baird. Gas Station Report Community Development Director Juetten reported that on September 18, 2012 the Council reviewed, and ultimately approved a SuperAmerica store and associated fuel pumps to be located at the northeast corner of Vicksburg Lane and County Road 47. During the discussion of the proposed store, questions were raised as to how City Code addressed pay - at -the -pump operations being open 24 hours per day. Staff responded that based on its interpretation of code all sales, inside or outside of the store, were limited to 6:00a.m. to 11:00 p.m. unless approved for extended hours as part of a conditional use permit. He stated after the discussion at the Council meeting on September 18, staff reviewed the current operations and approvals for the 19 operating fuel stations in the City. All the stations have pay -at -the -pump, and currently the hours are not enforced. No complaints have been made to the City regarding pay -at -the -pump hours or store hours. The current ordinance was drafted before pay -at -the -pump technology. The staff report in the packet outlines staff's findings. Based on these statistics, staff would like direction from the Council on the enforcement of pay -at -the -pump hours of operation. Councilmember Black asked when the ordinance was last amended. Community Development Director Juetten said he was not sure of the date, however, it was probably somewhere in the mid 1990s. Councilmember Willis asked if there were any known crime incidences relating to the pay - at -the -pump services. Community Development Director Juetten replied there were no concerns from the police department. Adopted Minutes 1 of 4 Special Meeting of November 27, 2012 Page 58 Councilmember Wosje asked if it was known what time of day the theft devices had actually been placed on the card readers at the pumps in the most recent national theft incident? Do the stations that have pay -at -the -pump service at night have lights or not? Community Development Director Juetten replied that it varies from station to station whether there are lights or not. It is also not known when the theft devices were placed on the pumps. Councilmember Wosje also asked if there were regulations in place for banks with their ATM machines. Community Development Director Juetten replied no. Councilmember Black stated that she continually hears noise complaints from residents in regards to speakers from the stations, specifically, the Holiday by the Four Seasons Mall area. If Council is considering making changes they need to be cautious about the distance to residential areas and buffers. If 24-hour access were allowed, the noise would need to be regulated. Mayor Slavik stated that if there are no complaints at this time and the service is currently working, why should the Council restrict the pay -at -the -pump services. The Council directed staff to bring a draft ordinance to the Council in January, and to check with the Police Department regarding incidences occurring from pay -at -the -pumps. Trail Gap Study and Trail Maintenance Parks and Recreation Director Evans reported that the trail gap study is being given to the Council so there will be understanding for the additional $200,000 being requested for trail maintenance in the Capital Improvement Program (CIP). She stated there are currently 144.5 miles of trails in Plymouth (131 miles are City and 12.5 miles are state or regional). These trails connect neighborhoods to parks, schools and other areas. Within the trail network, there are gaps that need to be filled and connections that must be made to provide trail loops and better access to schools, parks, transit facilities and other destinations. In the past, staff recommended multiple trail sections for construction based on residential requests, usage and/or safety concerns. In recent years, it has become more difficult to complete trail gap projects because there are fewer requests and many of the remaining trail sections are more difficult to construct and are more costly. The City does try to install new trails and/or gaps with regards to new developments and road construction projects. Within the Capital Improvement Program (CIP), trail gap projects are scheduled utilizing the Park Dedication Fund. In 2014 there are proposed future allocations of $366,000 and $260,000 in 2016. In 2012, staff changed the funding methodology for trail projects to every other year and increased the CIP budget to accommodate the completion of more costly gaps and sections. Adopted Minutes 2 of 4 Special Meeting of November 27, 2012 Page 59 A review of the trails, sidewalks, remaining gaps, extensions and corridors was completed this fall. The document shows nine section maps of the City and 90 gaps/sections, an estimated 60 miles within the trail network. Going forward, the completed trail gap study will assist with long-range planning, budgeting and prioritizing gap projects. The process included reviewing the trail system, indentifying approximate gap start and end locations as well as the length and location of the trails. In addition, staff categorized potential trail priorities based on safety concerns, user requests, high usage, establishing a trail loop or connecting to a destination. Finally, staff placed the trail gaps into five categories based on presumed construction complexity and/or timing. The categories include; desirable (i.e. no noticeable issues), challenging (i.e. possible homeowner/business concerns or easement issues), not possible (i.e. insufficient space on a bridge overpass), future construction (i.e. completed with road and/or road reconstruction) and undefined. She stated at the June 26 Parks and Recreation Advisory Commission (PRAC) meeting, commissioners made the recommendations outlined in the packet. In addition to the gap study, Parks and Recreation needs to budget for maintenance of the trails/sidewalks once they are in place. The City will need to do continual maintenance which includes inspection, maintenance and repair on a yearly basis. Maintenance and repair funding is programmed in the CIP utilizing the Park Replacement fund. Proposed future CIP allocations are $75,000 for 2013 and 2014 and $90,000 for 2015 and 2016. Staff anticipates allocating $200,000 per year for repair/maintenance beginning in 2014. This would provide two to four miles of maintenance/repair based on the trail condition. Under the current funding schedule, staff is only able to repair less than one mile of trail per year. Councilmember Willis asked how long the paved surface lasts and what causes the trails to crumble. Parks and Recreation Director Evans replied the paved surfaces will last 10 to 15 years. Sometimes new trails are overlaid on old paths because the old path provides a good base for the new pavement. Some of the trails crumble from tree roots or other natural causes. Councilmember Stein agrees that it is not just the cost of putting in the trails, it is also the maintenance. He asked what are some of the issues with some of the trail gaps, and why are they not complete? Parks and Recreation Director Evans reiterated that there are several reasons, including factors of pending or upcoming road construction projects, new developments, monies needed to acquire land, and also some homeowners that refuse the easement. Some homeowners now think they should be paid for an easement and that has never been City policy in the past. Adopted Minutes 3 of 4 Special Meeting of November 27, 2012 Page 60 Councilmember Stein asked what the cost is of snow plowing the trails in the winter. Deputy Parks and Recreation Director Northway replied that those funds are budgeted from the park replacement fund under maintenance, and they are not itemized separately. Councilmember Stein asked if there is a plan in place for the next 10 years on the trail gaps? Parks and Recreation Director Evans replied that staff is making changes to the CIP as well as at the time of making Comprehensive Plan changes. She stated there are three to four gaps that are important that hopefully will be scheduled in the next few years. Councilmember Johnson asked what the major source of funding is for trails. Parks and Recreation Director Evans replied Park Dedication funds come from new developments and those funds can be used towards new trails or new parks. Park Replacement funds can only be used for replacements of parks equipment and trails. Beyond 2015, staff needs to find a funding source. In 2012, Going beyond 2015 we need to find a funding source. Also, $90,000-$100,000 from 2012 general fund surplus will be put into this category. Councilmember Johnson stated that a larger share of the general levy will be put into this fund which goes to the property taxes. She asked if this would mean a levy increase. If the City only sustains two to four miles per year it will take a commitment from the Council to either cut something else or add more to the levy. Deputy Parks and Recreation Director Northway stated that the $75,000 to $90,000 from Park Replacement Fund helps to repair one mile of trail. The $200,000 additional requested would repair four miles of trail. It was requested to add trail gap #43 — Medina road to the priority list. Adjournment Mayor Slavik adjourned the meeting at 6:55 p.m. Lisa K. Baird, Deputy Clerk Adopted Minutes 4 of 4 Special Meeting of November 27, 2012 Page 61 Adopted Minutes Regular Council Meeting November 27, 2012 Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:04 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on November 27, 2012. COUNCIL PRESENT: Mayor Slavik, Councilmembers Johnson, Willis, Bildsoe, Stein, Black, and Wos j e. ABSENT: None. STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Park and Recreation Director Evans, Public Works Director Cote, Community Development Director Juetten, Police Chief Goldstein, Deputy Fire Chief Springer, Administrative Services Director Callister, and Deputy City Clerk Baird. Plymouth Forum No one was present to speak at the Plymouth Forum. Presentations and Public Information Announcements (4.01) Announcement Old Fashioned Christmas Parks and Recreation Director Evans announced that the Old Fashioned Christmas will take place on December 2 at Plymouth Creek Park from 2-5 p.m. It is free to the Public. (4.02 A) Announcement of City County Communications and Marketing Association Awards Communications Manager LaFave made an announcement that the City won three times over at the national City -County Communications and Marketing Association's (3 CMA) annual Savvy Awards ceremony on Sept. 6 in Portland, Oregon. Two awards were for the video `ode to recycling", put together by Marjorie Vigoren, including savvy award, the highest honor in the PSA category and silver circle award. The Plymouth News, City newsletter earned an Award of Excellence in the external newsletter category for cities with populations of 61,000 and more. Production of the newsletter is an effort of the entire communications team: Communications Coordinator Marjorie Vigoren, Office Support Specialist Sheila Langer and Communications Manager Helen LaFave. Adopted Minutes 1 of 4 Regular Meeting of November 27, 2012 Page 62 (4.03) Announcement of Light Display Mayor Slavik announced she had participated in turning on lights celebration for Mike Justak, a Plymouth resident that has Parkinson's Disease and puts on a light display at 4320 Ithaca Lane with 40,000+ lights coordinated with music. Please drive by and enjoy. Approval of Agenda Motion was made by Councilmember Bildsoe, and seconded by Councilmember Wosje, to the agenda. With all members voting in favor the motion carried. Consent Agenda Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe, to approve the agenda. With all members voting in favor, the motion carried. (6.01) Special Council Meeting minutes of September 18. (6.02) Resolution Approving Disbursements ending November 17, 2012 (Res2012-338). (6.03) Resolution Approving the Plans and Specifications and Ordering the Advertisement for Bid for County Road 101 Water Tower Rehabilitation (10034 — Res2012-339). (6.04) Resolution Ordering Preparation of Plans and Specifications for the 45th Avenue and Nathan Lane Drainage Improvement Project (11021 — Res2012-340), and a Resolution Approving Plans and Specifications, and Ordering Advertisement for Bids for the 45th Avenue and Nathan Lane Drainage Improvement Project (11021 — Res2012-341). (6.05) Resolution Approving Payment No. 1 and Final for the 2012 Crack Repair Program (12011 — Res2012-342). (6.06) Resolution Adopting Amended Assessments for Trunk Sanitary Sewer and Water Main, Taylor Creek 3rd Addition (2012042 - Res2012-327). (6.07) Resolutions Accepting Streets for Continual Maintenance for Taylor Creek (2010035 — Res2012-343), Utilities for Continual Maintenance for Taylor Creek 3rd Addition (20122042 — Res2012-344), and Utilities for Continual Maintenance for Taylor Creek 4th Addition (20122043 — Res2012-345). (6.08) A Resolution Approving a Variance for Lucky's 13 Pub to Allow the Size of a Freestanding Sign at 3000 Harbor Lane to be Increased from 15 square feet to 49 square feet, and Repealing Resolution No. 98-405 (2012083 — Res2012-346). Adopted Minutes 2 of 4 Regular Meeting of November 27, 2012 Page 63 (6.09) Ordinance Amending Section 21655.45 of the City Code (Ord2012-26), and Resolutions Approving Findings of Fact for Amending Zoning Ordinance Section 21655 (2012085 — Res2012- 347), and a PUD Amendment for Visual Communications for the WestHealth Campus Located at 3005 Campus Drive (2012085 — Res2012-348). (6.10) A Resolution Approving a Name for a New Neighborhood Park to be Called Fairway Greens Park (Res2012-349). (6.11) A Resolution Approving Agreement for Legal Services Provided by Campbell Knutson Professional Association (Res2012-350). Public Hearings There were no public hearings scheduled. General Business (8.01) Results of 2012 Residential Survey and Update on Proposed 2013 Community Conversations Bill Morris of Decision Resources presented the results of the 2012 Residential Survey. He stated 400 random houses were selected throughout the City to participate. These homes were surveyed between August 28 to September 20. The last survey was done in 2004. Location is the thing that people like the most about Plymouth. The main issue for people is growth of the City. Other close issues were taxes and traffic, however none were at the levels to be a major dominating issue. Most people feel City taxes are about average in comparison to other local communities. For quality of life, most residents rate Plymouth as excellent by 75% and 87% feel very safe here. He stated 68% of the residents feel good about the value of City services, with most of them above the 80% and into the 90% of satisfaction in the services. Residents rate fire and police the most important services. They also would like to maintain the funding of City services as they currently are at. Major concerns were violent crime, traffic speeding, drugs, youth crimes and vandalism. This is prevalent in the metro -wide area. Most residents use neighborhood parks and trails more than other facilities in Plymouth. However, they do rate all the facilities with good to excellent ratings. They believe that improving neighborhood parks and trails would be their highest priority. Adopted Minutes 3 of 4 Regular Meeting of November 27, 2012 Page 64 Residents surveyed receive their information from the Plymouth News and local newspaper, with the City website running third place. Half of the residents evaluate the Plymouth News as good to excellent. He stated residents are looking for types of growth brought to the City. They would like to see more commercial growth --restaurants, fine dining, amenities and more entertainment. Light industrial for jobs was also a concern. Residents are also pleased in how the City has performed over the past five years and were pleased with how wonderfully the City handled finances and services. Mayor Slavik thanked Mr. Morris for the report. Reports and Staff Recommendations There were no reports and staff recommendations. Adiournment Mayor Slavik adjourned the meeting at 8:12 p.m. Lisa K. Baird, Deputy Clerk Adopted Minutes 4 of 4 Regular Meeting of November 27, 2012 Page 65 MINUTES WAYZATA COMMUNITIES IN COLLABORATION COUNCIL November 14, 2012 PRESENT Margy Herbert, Katie Jackelen, Judy Hanson, Mikayla Krenz, Danielle Tran, Terese Lambert Atkins, Lisa Stordahl, LaDonna Hoy, Lynn Vettle, Isaac Mixon, Rochelle Olson, Chace Anderson, Donna Marget, Jayme Tichauer, Judi Nelson, Janet Carlson, Becky Halvorson, Prasanna Vankina, Chief Goldstein, Krismar Waage, and Charlene Barghini. CALL TO ORDER • Katie Jackelen, CICC Chairperson for 2012-2013, called the meeting to order. OCTOBER MINUTES • Corrections to the October minutes were emailed to Margy, these corrections were made and the October minutes were updated. • The minutes were approved as written. CICC MEMBER LIST UPDATE/PRESENTER SIGN UP • A list of CICC members was passed around to be updated with contact information for the CICC website. • A sign-up sheet for member "mini" presentations during the CICC meetings was handed out. PLYMOUTH BEYOND THE YELLOW RIBBON (PBYR): • Krismar Waage stated that the PBYR steering committee is a collaborated effort between many organizations and community groups • Estimated that there are over 4000 families in the Plymouth area involved in the military, either current, past or pre deployment. • Challenge to learn the needs • Chief Goldstein described the process of becoming a Yellow Ribbon city. Plymouth is one of only 27 cities in MN with this award. 10 month approval process. • Objective: "Plymouth Beyond the Yellow Ribbon will establish and sustain a local Yellow Ribbon network that proactively works together in order to meet the needs of Service members and their families. " • Mission: "Continuing Minnesota's proud history of supporting our nation's military, the Yellow Ribbon network is a diverse group of citizens and community leaders uniting key areas within local communities to leverage existing support activities, build awareness and take action to recognize and support Service members and their families. " • Services: Assist in locating health care resources, Help finding social service resources, Assistance for home maintenance/repair, Assistance for car Page 66 maintenance/repair, Emergency child care, Assist with other resources when needed • Key Partners: City Leadership, Yellow Ribbon Steering Committee, Public Safety/Judicial, Faith -Based Organizations, Veterans Organizations, Businesses/Employers, Social Services/Medical Providers, K-12 Education/Youth Groups • Recent Activities: Plymouth on Parade, Hamel/Plymouth VFW 50 Year Celebration, Plymouth Lions Club donation, MN Department of Military Affairs presentation on Yellow Ribbon ideas, Plymouth Lions Club Waffle Breakfast, Night to Unite, Music in Plymouth, Plymouth Fire & Ice • PBYR is in the process of transition from a city -managed organization to an independent non-profit organization. • Help Wanted: Partner organizations and volunteers needed. Donations to PBYR: o (c/o Hamel VFW Post 5903, PO Box 175, Hamel, MN 55340) • Would like to build a list of volunteer police officers, citizens and organizations willing to help with household or personal items, and provide support for other needs that may surface for our military members and their families. • Help and support is available for military families separated or divorced • 8-12 year old boys are largest concern when separated for long periods from male role model • http://www.bt3E.org/ • Plymouth currently developing own website for PBYR • Mental Health needs referred to Military Programs MINI CICC MEMBER PRESENTATIONS • Wavzata Public Schools, Social Worker, Beckv Halvorson, LISW: o Students referred from many different sources, teachers, parents, self o Variety of issues and needs o Individual Counseling/Support o Family Consultation o Crisis Intervention o Chemical Health Information and Referral o Support Service Coordination o Mediation o Support Groups o Staff Consultation and Support o Computer Equity Project COMMUNITY UPDATES Partners In Prevention • Continue to work on data review and the strategic planning process • Assessment phase, looking at data, community cross sector dialogs C111h YF,S • Monthly group meetings have begun part of YES is involvement on the CICC, over 800 members from WHS. • Sleep Out Kick Off was huge success, volunteer events YES meetings 2 Page 67 IOCP Need adult volunteers to help YES Club at Feed My Starving Children. Was suggested they ask teachers too. Give to the Max Day, Thursday, November 15th, match of $150,000 for IOCP donations, drive up donations accepted, as well as IOCP website. The meeting was adjourned at 4:15 PM. Respectfully submitted, Margy Herbert Page 68