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Home My WebLink AboutCouncil Information Memorandum 03-25-2011CITY OF PLYMOUTH COUNCIL INFO MEMO 1 ;9 March 25, 2011 UPCOMING MEETINGS AND EVENTS March, April, May 2011 Official City Meeting Calendars.................................................................. Page 1 Tentative List of Agenda Items for Future City Council Meetings ..................................................... Page 4 INFORMATION News Articles, Releases, Publications, Etc ... Robbinsdale Area Schools named to AP Achievement List by the College Board for Significant Gains in Access and Student Performance..................................................................................... Page 5 Better traffic signals with fiber optics coming to west metro, Article, Star Tribune ........................... Page 6 MEETING MINUTES HRA 02/24/11 Meeting Minutes......................................................................................................... Page 8 CORRESPONDENCE Letter from Met Council, RE: new District 1 member...................................................................... Page 17 Letter to MN State Senate, RE: bill SF 13, City, county, and town zoning controls and ordinances variances authorization................................................................................................................. Page 18 Letter from Representative Anderson, RE: House Redistricting Committee .................................... Page 19 Letter to MN Representative, RE: House File No. 962, relating to municipal tobacco licenses ...... Page 20 ATTACHMENT The Northwest Cable Commission is beginning its franchise renewal process. Materials were put together by the commission's attorney to help educate local officials and council members who may be interested in the process. Council member Jim Willis and Communications Manager Helen LaFave serve on the commission's executive committee and will be involved with the renewal............................................................................. Page 22 r�Plymouth Adding Quality to Life March 2011 Modified on 03125111 Page 1 1 2 7:30 AM 3 7:00 PM 4 5 STATE OF THE POLICE DEPT. CITY MEETING ANNUAL Council Chambers RECOGNITION EVENT Plymouth Creek 7:00 PM Center PLANNING COMMISSION MEETING Cguncil Chambers 6 7 8 7:.00 PM 9 10 11 12 REGULAR COUNCIL 0 PM 7O MEETING ENVIRONMENTAL Council Chambers QUALITY COMMITTEE (EQC) MEETING Medicine Lake Room 13 14 15 16 17 18 19 7:00 PM 4:00 AM— PLANNING 92:00 PM COMMISSION CITY SAMPLER MEETING Plymouth City Hall Council Chambers Uayfight Savings Time Begins 20 21 22 23 7:00 PM 24 25 26 PM 7AR 7:00 PM REGULAR COUNCIL SPECIAL HRA MEETING MEETING HUMAN RIGHTS Medicine Lake Roam Council Chambers COMMISSION MEETING Medicine Lake Room Discussion regarding perceptions of the authority and duties of the commission 27 28 29 30 31 Modified on 03125111 Page 1 r�Plymouth Adding Quality to Life April 2011 Modified on 03115111 Page 2 1 2 3 4 5 6 Cancelled 7 8 6:00-8:00 PM 99:00 AM -1:00 PM PLANNING YARD & GARDEN YARD & GARDEN COMMISSION EXPO EXPO MEETING Plymouth Creek Plymouth Creek Council Chambers Center Fieldhouse Center Fieldhouse 10 11 12 13 14 15 16 5:00 PM 7:00 PM 5:00-9:00 PM 10:00 AM— Board of ENVIRONMENTAL PRIMAVERA 4:00 PM Equalization QUALITY Plymouth Fine PRIMAVERA Council Chambers COMMITTEE Arts Council Plymouth Fine 7:00 PM (EQC) MEETING Show Arts Council REGULAR COUNCIL Council Chambers Plymouthreek Center Show Plymouth Creek MEETING Center Council Chambers 17 18 19 20 21 22 23 1:00-4:00 PM 10:00 AM -4:00 PM 10:00 AM -4:00 PM 7;00 PM PRIMAVERA 7:00 PM -8:30 PM PRIMAVERA PLANNING Plymouth Fine PRIMAVERA Plymouth Fine COMMISSION Arts Council Plymouth Fine Arts Council MEETING Show Arts Council Show Council Chambers Plymouth Creek Show Plymouth Creek Center Plymouth Creek Center .Passover Begins se 24 25 26 27 28 29 30 6:00 PM 7:00 PM Board of Equalization HRA MEETING Reconvened Parkers Lake Room Council Chambers 7:00 PM REGULAR COUNCIL Easter Sunday MEETING Council Chambers Modified on 03115111 Page 2 r�Plymouth Adding Quality to Life May 2011 1 2 3 4 5 6 7 7:00 PM 7:00 PM PLANNING HUMAN RIGHTS COMMISSION COMMISSION MEETING MEETING Medicine Lake Roam Parkers Lake Room 8 9 10 5:00 PM 11 12 5:30-8:00 PM 13 14 SPECIAL COUNCIL 7:00 PM ENVITRONMENTAL MEETING ENVIRONMENTAL QUALITY FAIR Medicine Lake Room QUALITY Zacharay Lane Discuss Future of COMMITTEE Elementary School Park System (EQC) MEETING 7:00 PM 7.00 PM Parkers Lake Roam PARK 8 REC ADVISORY REGULAR COUNCIL coMMlssloN MEETING (FRAC) MEETING Medicine Lake Room 15 16 17 18 19 20 21 7:00 PM PLANNING 7:30 AM -2:00 PM COMMISSION SPECIAL MEETING DROP OFF DAY Medicine Lake Room Plymouth Maintenance Facility 22 23 24 25 26 27 28 7:00 PM 7:00 PM 7:40 PM PLYMOUTH HRA MEETING REGULAR COUNCIL ADVISORY Parkers Lake Room MEETING COMMITTEE ON Medicine Lake Room TRANSIT (PACT) MEETING Parkers Lake Room 29 30 31 MEMORIAL DAY Observed CITY OFFICES CLOSED Modified on 03125111 CHANGES ARE NOTED IN RED Page 3 Tentative Schedule for City Council Agenda Items April 12, Board of Equalization, 6:00 p.m., Council Chambers April 12, Regular, 7:00 p.m., Council Chambers • Public hearing on creation of a Tax Increment Financing Redevelopment for a multi -family apartment project, Quest Development • Consider Comprehensive Plan Amendment to add a new land use classification (LA -5) and Zoning Ordinance Text Amendments to add a complementary zoning district (RMF -5) and related regulations, and summary publication of Zoning Ordinance Text Amendment". Citic of PlMouth. (2010088) • Consider Comprehensive Plan Amendment, Rezoning and PUD General Plan for a 157 -unit apartment building at Highways 169 and 55. Quest Development. (2010086) • Announce Primavera on April 15-19 at the Plymouth Creek Center • Public hearing on use of Capital Improvement Funds for scheduled replacement of athletic field lighting • Approve a rezoning and preliminary plat for Hampton Hills 3`d Addition located on the former Hampton Hills golf course. (2011002) • Assessment Hearing for 8"' Avenue Street Reconstruction Project (10001) April 26, Board of Equalization Reconvened, 6:00 p.m., Council Chambers April 26, Regular, 7:00 p.m., Council Chambers • Assessment Hearing for South Shore Drive Rehabilitation Project (10002 ) May 10, Regular, 7:00 p.m., Council Chambers May 24, Regular, 7:00 p.m., Council Chambers Note: Special Meeting topics have been set by Council; all other- topics aie tentative. Page 4 Robbinsdale Area Schools named to APO Achievement List by the College Board for Significant Gains in Access and Student Performance (New Hope, Minn) - Robbinsdale Area Schools is one of fewer than 400 school districts in the United States being honored by the College Board with a place on its Advanced Placement (APO) Achievement List for opening AP classroom doors to a significantly broader pool of students, while maintaining or improving the percentage of students earning scores of 3 or higher. Only 388 public school districts across the nation were honored_ From 2008 to 2010, Robbinsdale Area Schools has increased the number of students participating in AP from 507 to 591, while still increasing the number of its AP students earning scores of 3 or higher, the score typically needed to earn college credit, from 63% to 64%. The AP Achievement List is made up of all school districts that are simultaneously expanding opportunity and improving performance. "This is exactly what we are doing," stated Superintendent Aldo Sicoli. "We are providing opportunity for students to both excel now and prepare for the future. We are very proud of this accomplishment, and look forward to an even greater increase in the future." Many U.S. school districts have focused on expanding access to AP courses as part of a strategy for fostering college readiness. Helping more students learn at a higher level and earn higher AP scores is an objective of all members of the AP community, from AP teachers to district and school administrators to college professors. "Participation in college -level AP courses can level the playing field for underserved students, give them the confidence needed to succeed in college, and raise standards and performance in key subjects like science and math," said College Board President Gaston Caperton. "The AP Achievement List districts are defying expectations by expanding access while enabling their students to maintain or improve their AP Exam scores," Inclusion on the list is based on certain criteria, 'including examination of three years of AP data, from 2008 to 2010; increase in participation in and access to AP by at least 4 percent in large districts and 7 percent in medium districts; and a steady or increasing percentage of exams taken by African American, American Indian/Alaska Native, and Hispanic/Latino students. "These districts are living proof that when access to AP is provided for the range and breadth of prepared and motivated students, districts can achieve even higher learning outcomes for their students — and the opportunity for so many more to earn college credit and placement," said Trevor Packer, vice president of the College Board's AP Program. The complete AP Achievement List can be found at www.collegeboard.org About the Advanced Placement Program The College Board's Advanced Placement Program& (APO) enables students to pursue college -level studies while still in high school. Through more than 30 college -level courses, each culminating in a rigorous exam, AP provides willing and academically prepared students with the opportunity to earn college credit, advanced placement or both. Taking AP courses also demonstrates to college admission officers that students have sought the most rigorous curriculum available to them. Each AP teacher's syllabus is evaluated and approved by college faculty from some of the nation's leading institutions, and AP Exams are developed and scored by college faculty and experienced AP teachers. AP is accepted by more than 3,800 colleges and universities worldwide for college credit, advanced placement or both on the basis of successful AP Exam scores. This includes over 90 percent of four-year institutions in the United States. In 2010, 1.8 million students representing more than 17,000 schools around the world, both public and nonpublic, took 3.2 million AP Exams. Page 5 Better traffic signals with fiber optics coming to west metro LAURIE BLAKE, Star Tribune More than 100 traffic signals along two key routes in the west metro area will be re -timed this year in a move that should save drivers some of the stop -and -go headaches during their daily commutes. By fall, commuters observing the speed limit on Hwy. 7 or Hwy. 55 "should be able to drive almost the entire length without stopping," said Tim Bangsund, metro signal operations manager for the Minnesota Department of Transportation. The re -timing will affect 33 traffic signals on Hwy. 7, 46 signals on Hwy. 55 and 38 signals on the cross streets over Interstate 394. It is part of a $4.6 million installation of fiber-optic cables that will allow MnDOT to control the signals remotely, replacing costly telephone line connections it rents now. "We will have better communications to the signals and that will lead us to better signal monitoring and timing," Bangsund said. The goal is to shorten travel time, reduce car emissions, save gas and save money. As a requirement of the funding, which is coming from a federal Congestion Mitigation Air Quality improvement grant, MnDOT will conduct travel time studies before and after the project to measure improvements. Shorter trip times will be most noticeable in the beginning, before the improvements attract more traffic, Bangsund said. Signals on these roads were last re -timed three years ago, and it will be another three to four years before they are adjusted again. The work, which began this month, will require closing shoulders but not driving lanes. The installation will include 21 additional cameras on the two highways and two more on the cross streets over 1-394. They will send pictures of the signals via the fiber-optic cable to MnDOT's Regional Transportation Management Center in Roseville. MnDOT operates about 700 signals on the major arterial routes that run from outlying suburbs into the center of the metro area. All of them are activated by traffic movement and calibrated to change according to the time of day to give more green -light time to the greater flow of traffic. This new project is part of a 10 -year effort to convert signals to fiber-optic cables, Bangsund said. Page 6 MnDOT studies complaints Drivers frequently complain about signals. Every timing complaint is either investigated by MnDOT or passed on to a county or city department, Bangsund said. "We get calls from a lot of people complaining about a lot of lights and they turn out to not be ours in most cases," Bangsund said. "In the metro area there are about 4,000 signals. We are only responsible for about 700 of them." MnDOT wants to hear about lights that have gone dark or are flashing or that seem to have strayed from their typical pattern, Bangsund said. When a complaint comes in, signal engineers consult a big -screen map of the metro highway system, click on the reported location and bring up images of the intersection to see how signal timing is working, Bangsund said. "The observation cameras will make it easier for us to determine if signal timing is correct," he said. "When we get calls and complaints, we will be able to see the intersections running and we can remotely make changes." On Hwy. 7, the string of signals to be adjusted starts in Excelsior and runs 14 miles to the Minneapolis border. Ten cameras will be installed along Hwy. 7. There are none now. On 1-394 the fiber-optic trunk cable will be installed along the freeway between Hwy. 101 in Minnetonka and Park Place Boulevard in 5t. Louis Park. Along that stretch, MnDOT controls signals on the bridges over the freeway, and they will be timed to ease entrance to and exit from the freeway, Bangsund said. "A lot of people just cross 394. We want to make that easier for them as well," he said. Two cameras will be installed on Louisiana Avenue and Plymouth Road. On Hwy. 55, tinning tweaks will be made on signals along the nine miles between Theodore Wirth Parkway and Arrowhead Drive in Medina. Eleven cameras will be added, augmenting several that already monitor that road. To report a problem with signal timing, call MnDOT's metro dispatch at 651-234-7500. To report a malfunctioning signal by email, contact http://www.dot.state.mn.us/information/potholes/index.html. Laurie Blake * 612-673-1711 Page 7 APPROVED MINUTES PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY FEBRUARY 24, 2011 PRESENT: Vice Chair Paul Caryotakis, Commissioners David Miller, Jim Willis and Bob Stein ABSENT: Chairman Jeff Kulaszewicz STAFF PRESENT: Housing Program Manager Jim Barnes, HRA Specialist Kip Berglund and Office Support Representative Janice Bergstrom OTHERS PRESENT: Grace Management Representative Jody Boedigheimer 1. CALL TO ORDER Vice Chair Caryotakis called the Plymouth Housing and Redevelopment Authority meeting to order at 7:00 P.M. 2. CONSENT AGENDA A. Approve HRA Meeting Minutes from January 27, 2011 B. Plymouth Towne Square. Accept January, 2011 housing report. C. Vicksburg Crossing. Accept January, 2011 housing report. MOTION by Commissioner Willis, seconded by Commissioner Miller, to approve the consent agenda. Vote. 4 Ayes. MOTION approved unanimously. 3. PUBLIC HEARING A. Community Development Block Grant Housing Manager Barnes said the House has passed the continuing Resolution HR -1, and the Senate is negotiating the proposed cuts of $60 billion in Federal programs. He said this would be a 60% cut in the CDBG program. Housing Manager Barnes said we will monitor that and if there is a cut below the $259,392, which is the 2008 allocation amount, we will adjust accordingly to meet the statutory requirements of the Federal program for social services. Housing Manager Barnes introduced HRA Specialist Berglund who gave an overview of the staff report recommending the 2011 CD BG program year allocation. Vice Chair Caryotakis opened the public hearing. Page 8 Approved Plymouth Housing and Redevelopment Authority February 24, 2011 Page 2 Vice Chair Caryotakis introduced Lisa Stordahl, Director of Development for TreeHouse. Ms. Stordahl said TreeHouse served 186 teens and anticipate serving 250 this year. She said they have been located for two years in Peace Lutheran Church in Plymouth. Ms. Stordahl said services offered to troubled teens include support groups and one on one mentoring. She said 74% of these kids are on free or reduced lunch and 64% are kids in single parent homes. Ms. Stordahl said poverty and adverse behavior go hand in hand. She said they are seeing kids from neighborhoods not typically seen in the past because it takes one year to foreclose on a home. For the first time in their lives these families are at a food shelf, and that takes a toll on kids. Ms. Stordahl said they are now paying rent at Peace Lutheran so their expenses have increased. Commissioner Willis asked if there is a breakdown by school district of the 186 teens served and asked if they are in school. Ms. Stordahl said they are in school and a major goal is to have them graduate. This is tracked by the kids on reduced school lunch (74%). She said in looking at that scale, TreeHouse has a 24% higher percentage graduation rate. She said these are all Plymouth kids. Housing Manager Barnes said there are four school districts in Plymouth, and asked if some go to the New Hope TreeHouse. Ms. Stordahl said the few that go to the New Hope TreeHouse are not included in the numbers provided. Commissioner Willis said he is curious and assumes there would be more lads from the Wayzata School District because of their location. Ms. Stordahl said they do have an issue in proving income levels because they are dealing with kids and she has worked with HUD to prove income in a different way. She said by taking the address of the kids served and showing that they come from a Section 8 or low income complex such as Willow Woods, helps prove that 50% of the kids served meet HUD requirements. Housing Manager Barnes asked to track a breakdown of teens by school district and to supply this information to HRA Specialist Berglund next week. Vice Chair Caryotakis introduced Tim Morin, Program Coordinator for the Home Program for Senior Community Services (SCS). Mr. Morin reviewed the services provided for the City's aging population, which include Senior Coordinator Sara Mittelstaedt who oversees transportation, recreation, health and wellness services. Susan Makela provided outreach services to 130 seniors in 2010 and is staffed by licensed social workers. He said there is no cost for any outreach or social services. Mr. Morin said there is free counseling for Medicare and health insurance, and caregiver connection support. The HOME program provides services to 15 cities which include indoor/outdoor painting, snow removal, and spring and fall yard clean up. Mr. Morin said cost is based on a pay sliding fee scale and is subsidized mainly by CDBG Page 9 Approved Plymouth Housing and Redevelopment Authority February 24, 2011 Page 3 funding. Mr. Morin concluded that the need has been increasing, and the upcoming baby boomers will cause the numbers to rise. Vice Chair Caryotakis asked how seniors in need are identified. Mr. Morin said 90% of the time there is a referral from other agencies and by word of mouth. He said HOME has existed for 31 years, and said a comprehensive marketing plan will be put in place this year. Commissioner Willis asked if referrals for minor home improvements come from the City of Plymouth, as we have the rehab program available. Mr. Morin said their program is for routine maintenance. He said if there is major renovation that needs a permit or licensed contractor to perform the work, that situation would be referred back to the city or social worker for proper documentation for that project. Vice Chair Caryotakis introduced Tim Nelson representing Hammer Residences. Mr. Nelson gave an overview of Hammer Residence services for people with intellectual and development disabilities. He said 80 people are served in Plymouth and there are 15 homes in Plymouth, two apartment programs in Plymouth and 25 homes in other cities. He said 220 people are served; 80 reside in Plymouth. Mr. Nelson said 440 people are served through non-residential services. Mr. Nelson said some of the Rinds being requested would be used for window replacement in two of their homes and siding for another home. Commissioner Willis asked if the 40 properties are tax exempt. Mr. Nelson said they are tax exempt, except for the apartment programs. Commissioner Willis asked if Hammer Residences applies for CDBG funds in other communities. Mr. Nelson said they have not. Commissioner Willis asked how the work is paid for in those communities. Mr. Nelson said they are a private non-profit and do fund raising. Vice Chair Caryotakis introduced Tim Madsen, POINT Northwest YMCA, who gave an overview of the youth intervention program which serves about 1,200 youth in the western and northern suburbs, and urban areas of Minneapolis. Mr. Madsen introduced Kim O'Grady, who supervises the services for Plymouth. Ms. O'Grady said the program works with young folks up to age 21 who experience homelessness or risk of homelessness, and provide prevention and intervention 24 hours a day. She said they provide street and community-based outreach, and cited Parkers Lake and Co. Rd. 6 as a primary area in Plymouth. Ms. O'Grady said there is a Page 10 Approved Plymouth Housing and Redevelopment Authority February 24, 2011 Page 4 crisis line, transitional living program, and provide short, medium and long-term case management depending which portion of the program a person accesses. Commissioner Stein asked where the kids come from who are at the skate park. Ms. O'Grady said the kids at that skate park are primarily kids from the Parkers Lake complex and assume other kids live relatively close. Mr. Madsen said there is an increase in the rise of suburban youth homeless population due to the foreclosure crisis. He said youth 16 plus are considered to be able to make it on their own when a family loses housing. Commissioner Stein asked if their services are based in the New Hope YMCA. Ms. O'Grady said they now office in Northeast Minneapolis. Ms. O'Grady said they routinely visit high schools, and are aware of young groups congregating in locations such as a park or bus stop area. Ms. O'Grady mentioned they have a five-year partnership with PRISM, who offers a no hassle food shelf and can be accessed by any youth in any service area. Commissioner Willis asked if this program predominantly services the eastern side of Plymouth. He noted their services are offered for a similar population as TreeHouse. Ms. O'Grady said it is a similar population but the difference is TreeHouse works with teens primarily in school. She said they see the gambit of 16-17 year olds not in school and not planning to return, and the 18-20 year olds still trying to accomplish school. Commissioner Willis asked if they service primarily the eastern side of Plymouth. Ms. O'Grady stated they service all of Plymouth's school districts. Vice Chair Caryotakis introduced Mike Vraa, managing attorney for Home Line, a tenant hotline for renters. Mr. Vraa said they average 200 calls per year from Plymouth residents. He said they speak 4 — 5 times a year to soon to be renters at the high schools. Mr. Vraa said they have expanded to other municipalities, and other funders see this is work that merits consideration and helps leverage additional funds for work that is worthwhile. Mr. Vraa said he warned people 3-4 years ago about the flood of foreclosures, which has materialized. He said he is now warning people about the upcoming flood of bedbugs. He said the charts indicate Plymouth has not been besieged yet, but they are coining. Mr. Vraa said one day in January he answered the hotline, which gets 50-60 calls a day, and he said he took 8 straight calls on bedbugs. Mr. Vraa said an example would be a tenant asking for legal advice when the landlord treated for bedbugs and then bills the tenant $2,000 for the treatment. Vice Chair Caryotakis introduced Scott Zemke, CAPSH. Mr. Zemke said they work with the homeless, first time homebuyers, foreclosure, rehab, and seniors looking at reverse mortgages. Page 11 Approved Plymouth Housing and Redevelopment Authority February 24, 2011 Page 5 He said they serve about 100 people per year. He said in the Plymouth area they served 900 people last year with energy assistance to pay utilities and repair or replace furnaces. Vice Chair Caryotakis asked if the volume on foreclosures has changed in the past year. Mr. Zemke said there was an insignificant decrease in Plymouth in 2009, but foresees the foreclosure issue getting worse in 2011. Vice Chair Caryotakis introduced Courtney Whited, Director of PRISM Express. Ms. Whited said they offer a food shelf, auto program, and a dial -a -ride program which serves the area east of I-494. They now provide door to door service. Ms. Whited said when the Met Council restructured itself; they had to diversify where they find funding sources. She said they may not meet their goals, and the rising gas prices are taking a toll as their buses use diesel. Commissioner Stein asked if there is a charge for the rides. Ms. Whited said a $3.00 one-way or $6.00 round-trip amount is suggested. She said the true cost is $10.29. Vice Chair Caryotakis thanked everyone and said their comments add color to our understanding of each program. Vice Chair Caryotakis closed the public hearing. Commissioner Stein asked if there is a reason for the $900 balance and if it is being saved for something. HRA Specialist Berglund said we tried to get as close to the 15% amount as possible. He said by cutting requested amounts by 30%, a balance of $900 remained. HRA Specialist Berglund said this money could be spent on social services. Commissioner Stein asked if we could allocate the $900 to the Spare Key program. Housing Manager Barnes said Spare Key indicated in their application that an average contribution toward one mortgage is $1,200. He said Spare Key would meet the requirements for a new service in the city. Housing Manager Barnes said we could take $300 from the HRA reserve and combine with the $900 to fund them for one unit. Commissioner Stein asked about unspent CDBG funds. Housing Manager Barnes said unspent funds roll to the next program year. Housing Manager Barnes said reports go to Congress each year to show that we spend our money in a timely fashion to ensure continued funding in the program. The spend down ratio is 1.5 times our current allocation. Housing Manager Barnes said if the money is not spent down, a warning Page 12 Approved Plymouth Housing and Redevelopment Authority February 24, 2011 Page 6 letter is sent the first year, the second year there would be a funding cut, and in the third year there could be a reorganization resulting in giving up our entitlement. MOTION by Commissioner Stein, seconded by Commissioner Miller, to approve the recommendation for the 2011 CDBG program year allocation with the $900 balance and $300 in HRA reserves to be given to the Spare Key request. Commissioner Willis asked where the shortfall would come out of if the Federal Government does not approve the $260,000. Housing Manager Barnes said we will look at all categories, especially the social services because of the statutory 15%. He said the affordable housing, FTHB, and rehab programs would be looked at. Commissioner Willis discussed the $58,000 allocated to Hammer Residences. He said he has no ax to grind against Hammer Residences, and added there are two homes in his neighborhood. Commissioner Willis said they are tax exempt and he questioned if we are doing as much as we can to provide services to tax paying residents who are on hard times, such as seniors who need new windows and siding. He said Housing Manager Barnes pointed out we have a program for loan forgiveness and rehab. Commissioner Willis said we need to be cautious that someone doesn't take the money, put it in the house and then move to Florida or Arizona. Commissioner Willis pointed out that only Plymouth uses CDBG funds to help Hammer with rehabilitating properties and other communities do not. Commissioner Willis said that next year he will be looking for more information to see if there is a better way to help in-place residents in Plymouth. Commissioner Stein concurred and said other cities do not support their units with CDBG funds. They do general fund raising which goes to other cities to do rehab. Commissioner Miller asked if the money we give goes to residents in Plymouth. Commissioner Willis said he is not questioning that the funding goes to Wayzata or other properties. Housing Manager Barnes said Hammer has been funded approximately 15 years in Plymouth. He said when cities create CDBG programs, there are so many options. Housing Manager Barnes said Minnetonka is the only entitlement community, and the rest are part of Hennepin County's consortium who divides up the money which may explain why Hammer may not have been going to other cities as they don't have the same program setup as Plymouth. Commissioner Stein said we should look into that, and added that the amount of money given to Hammer is substantially more than any other program. Housing Manager Barnes said Community Development Director Juetten and he have discussed the spend down issue. He said Page 13 Approved Plymouth Housing and Redevelopment Authority February 24, 2011 Page 7 there is a time uncertainty issue with rehab projects whereas with Hammer operates differently and will get a contractor in and complete projects in a timely fashion. Vice Chair Caryotakis said this would not be taking money from the social programs but is providing similar benefits. He said if there was demand from our residents for rehab loans he would be concerned, but we have sufficient funds. Housing Manager Barnes said he believes we have estimated the correct allocation amounts. Commissioner Willis said we would have to be more lenient in the way the rehab program is structured in regard to loan forgiveness of 20 years. He said this provides a dis-incentive for someone to fix it up, sell it and then move away. Commissioner Willis said it is advisable to get the house updated before it gets to be a problem. Housing Manager Barnes said some of the leading age clientele become nervous about taking on anything that puts a lien on their home. He said 20 years is not the magic number; ten years or half the life of the improvement project could be used. Commissioner Stein said the council has discussed point of sale inspection to make sure a house is brought up to code. He asked if this is necessary or advisable for our older housing stock. Housing Manager Barnes said they may serve a purpose; however, these inspections focus on certain areas and may miss other areas. He said in the long run it starts to bring housing up to code and it is a revenue generating requirement. Vice Chair Caryotakis said this is a tough requirement in this environment where sellers are not getting a gain off the sale. Commissioner Willis said this makes some public sense as a means by which housing stock can continually be reviewed every time a house turns hands. Commissioner Willis said he thinks it is good public policy but there is "big brother" telling you what to do. The cost could be structured such that it is not a loss, but not try to make money on it. Commissioner Willis said even if the city subsidized the cost of inspections, the value of the tax base would be maintained more stable over time. Commissioner Willis said if $10,000 would be spent on windows, it would not appreciate the value of the home, whereas at the point of sale it would be reflected in a higher sale price. Housing Manager Barnes said in terms of using CDBG funds for repairs or inspection costs, there is a smaller market to work with in Plymouth because we are tied to 80% of median income or below. Housing Manager Barnes referenced advertising for the rehab program and said they could program more dollars into the marketing of the rehab program. There was discussion of working on a house with Habitat for Humanity and the HRA might be interested in partnering on this. Housing Manager Baines said this would be a 2012 project for Page 14 Approved Plymouth Housing and Redevelopment Authority February 24, 2011 Page 8 them. Commissioner Stein said if the HRA is looking to buy houses, there is a one -room house being auctioned on Kilmer Lane and would send Housing Manager Barnes information. Vote on amended Motion. 4 Ayes. MOTION approved unanimously. 4. ADJOURNMENT A. Vicksburg Crossing Marketing Report Grace Management Representative Boedigheimer said December is typically the slowest month, but traffic is increasing. She said there are three affordable units available. Commissioner Stein said he did not understand why these three units are available. Grace Management Representative Boedigheimer explained that potential renters go to Plymouth Towne Square, and said they have lost three from our list. Commissioner Willis asked if the wait lists are for each building or if it is an integrated list. Grace Management Representative Boedigheimer said the wait lists are separate because there is a fixed rent at Vicksburg Crossing, and it is higher than Plymouth Towne Square. Grace Management Representative Boedigheimer said there were 2 two-bedroom units available at Plymouth Towne Square and they went through the 20 names on the wait list. She said there are 28 names on the list for Vicksburg Crossing. She said for both buildings there are preferences such as age, income, if you lived in Plymouth or have an immediate family member in Plymouth. Grace Management Representative Bodigheimer added that a person can be on the list without preferences. Commissioner Willis asked the process if a person declines an available unit. Grace Management Representative Bodigheimer said you can decline three times, and then go to the bottom of the list. Commissioner Willis said that is the mistake, one strike and you are out. Housing Manager Barnes said because there are not as many names on the wait list, a person is put at the bottom of the list if they decline three times. Commissioner Stein and Commissioner Willis suggested removing the person from the list assuming there are others who want the unit. If the list reopens, they can reapply. Grace Management Representative Bodigheimer said the list is always open so they can reapply. She said we used to have 120 names on the list. Page 15 Approved Plymouth Housing and Redevelopment Authority February 24, 2011 Page 9 Commissioner Willis said if people are choosey and picky and can still stay on the list, someone further down the list never gets the chance to take the unit. Grace Management Representative Boedigheimer said it is rare that to start back at the top, and added that they turn 20 units per year. Vice Chair Caryotakis asked if a tenant can be placed on a preference list for a better apartment once they are in a unit. Grace Management Representative Boedigheimer answered affirmatively and said they charge $350 for an internal move at both Vicksburg Crossing and Plymouth Towne Square. Housing Manager Barnes said residents are more apt to say no because they can stay longer as there are more options available and there are more services. Commissioner Stein recommended advertising in the Sun Sailor. Housing Manager Barnes said we do advertise and there will be ads in the next Plymouth Newsletter. Grace Management Representative Boedigheimer said there will be an open house in early April, which has been successful in bringing in traffic in the past. B. Election of Officers. Chair, Vice -Chair, Secretary. The election of officers was tabled to the March HRA meeting when Chairman Jeff Kulaszewicz can be present. 5. ADJOURNMENT MOTION by Vice Chair Caryotakis to adjourn the meeting at 8:36 p.m. Page 16 IJA Metropolitan Council AU March 22, 2011 Mayor Kelli Slavik City of Plymouth 3400 Plymouth Blvd Plymouth, MN 55447 �.11 t Dear Mayor S ik, I'm pleased to introduce myself as the new District 1 Metropolitan Council Member. I look forward to getting to know you, as well as local officials from the other twelve communities with whom I will be working. My goal is to partner with you and your city in planning that will ensure the continued health and vitality of our communities and the efficient growth of the metropolitan area. One of my top priorities is helping to provide local officials with the tools they need to create healthy communities --by connecting and integrating the planning of transportation, schools and parks within residential and commercial developments. It is a more efficient, more resourceful use of public investment, and it promotes livability and vitality within our communities and neighborhoods. In addition, I want to echo the Governor's sentiments about jobs and job creation. Certainly the Council, given its role in coordinating land use, transportation planning, transit operations and housing affordability, can contribute significantly to economic development and the creation of jobs. I am anxious to hear from you about how you think the Council might advance this critical goal. I'm excited to be in this position. As a Council member, I serve on the Community Development and Transportation committees. I have been very impressed with the work of the Council and appreciate the benefit to the metro area of having a regional organization and perspective. The Council is about to announce that it will be accepting applications for positions on advisory committees to the Council on transportation, parks, land use and transportation services for people with disabilities. Watch for those announcements on the Council's website at metrocouncil.org. I ask for your patience as I learn more about the Council and my new role. I look forward to working with you in the near future. In the meantime, feel free to contact me with any questions or concerns at roxanne.smitli@,metc.state.mn.us or 763-232-6774 or you can reach the CounciI's sector representative for District 1, Freya Thamman, at 651-602-1750 or Freya.Thammannmete.state.mn.us. Warm regards, Roxanne Smith District 1 Council Member cc: Laurie Ahrens, City Manager www.mttrocouncil.org 390 Robert Street North • St, Paul, MN 55101-1805 • (651) 602-1000 • Fax (651) 602-1550 + TTY (651) 291-0904 An Equal Opportunity Employer Page 17 City of 2Pp �y1110U$il Adding Quality to Life March 23, 2411 The Honorable Gen Olson Minnesota State Senate 75 Rev. Dr. Martin Luther Icing Jr. Blvd, Capitol Building, Room 235 St. Paul, MN 55155-1606 Dear Senator Olson_ am writing on behalf of the City of Plymouth City Council regarding a bill you have authored, SF 13, City, county, and town zoning controls and ordinances variances authorization, which is very important to our community as well as other cities. As you know, the House version of the bill, HF 52 (Rep. Peppin), was amended in committee to leave the statutory language for how and when conditions may be imposed as a part of a variance in different forms for counties than For cities. Senator Olson, we ask you to move SF 13 with the compromise amendment proposed by the League of Minnesota Cities that would address the loss of city variance authority, and clarify county and municipal variance statutes to lessen the likelihood of future litigation. It is important that the statutes be clear so cities and counties have the same authority when imposing conditions as part of a variance. Thanks again for your good work in St. Paul on behalf of our community as well as residents throughout the State of Minnesota. Sincerely, Cal Portner Administrative Services Director City of Plymouth cc: Laurie Ahrens, City Manager 3400 Plfmouth Blvd • Plymouth, Minnesota 5:5447-1482 o Tel: 763-509-5000 4 wWW Ci.plymouth.mn_us � Page 18 Sarah Anderson State Representative District 43A Redistricting Chair March 18, 2011 Laurie Ahrens 3400 Plymouth Blvd Plymouth, MN 55447-1448 Dear Laurie, Mary Murphy State Representative District 6B Redistricting DFL Lead MAR 2 1- 201, Over the past several weeks, the House Redistricting committee has traveled the state and taken public input. We appreciate those leaders from several county, city and township associations that were able to take the time to come testify before the committee. We wanted to take this opportunity to make sure all local officials have the opportunity to submit any input or express any concerns they may have to the committee. If any local officials or community members were not able to participate at the public hearings there is still time to submit in writing, your ideas, opinions or concerns to the committee. If you have any specific concerns over how your local legislative boundaries have impacted your communities, we would greatly appreciate any input you may have. It is also important to note that our offices are open for any questions you have as this important redistricting process moves forward. Our collective goal is to produce a fair plan and map for the entire state through the legislative process. We look forward to hearing from you in the near future. If you have any questions or concerns on this matter please do not hesitate to contact either of us at any time. Sincerely, 'X4A--Vk 01,6� Sarah Anderson Redistricting Chau' Representative 43A 549 State Office Building 100 MLK Blvd. St. Paul, MN 55155 651-296-5511 rep. sarah. anders on@house.mn Mary Murphy Redistricting DFL Lead Representative 6B 343 State Office Building 100 MLK Blvd. St. Paul, MN 55155 651-296-2676 rep.mai_y.murphy a liouse.mn Page 19 YMOUTI ------------ -------- - - -- Addin2 Quality to Life March 16, 2011 Tei' 763-509-5160 - Fa,:: 763-509-5167 Representative Joyce Peppin, Chair Members of the Government Operations and Elections Committee Minnesota House of Representatives 100 Rev. Dr. Martin Luther King Jr. Blvd. Saint Paul, MN 55155 RE: House File No. 962 Dear Representative Joyce Pepin and Members of the Government Operations and Flections Committee: On behalf of the City of Plymouth, Minnesota, I would like to express my concern and opposition to the proposed legislation found in H.F. No. 962. The proposed changes to existing State Statute 461.12, subdivision 2, relating to municipal tobacco licenses, will compromise the long-standing and successful efforts our City has established in our efforts to reduce youth access to tobacco -related products. Under current law, a reasonable framework exists that offers retail tobacco license holders, multiple opportunities to remedy any illegal sales to youth prior to experiencing a Iicense suspension. With that, local control options also exist for those communities that want to establish more stringent guidelines and/or educational and training programming for retailers in their communities. The City of Plymouth has prudently used the opportunities provided in law to create both an assertive compliance check program with the appropriate and reasonable sanctions, along with an appreciated educational program for our retailers. The proposed changes found in H.F. No. 962 would alter our current penalty grid and would remove the local control granted to cities over this matter. Beyond the local control issue, there are other concerns that should be known. Previously, the City of Plymouth sponsored a highly -regarded Best Practices program for our tobacco license holders; whereby, businesses that passed multiple consecutive compliance checks and that followed our training guidelines were rewarded for their efforts in myriad ways. While the City maintained this program for several years, there was no requirement for businesses to participate in the Best Practices program. Retailers that chose not to participate still had to meet minimum training guidelines, but were not eligible for the other rewards such as a more lenient penalty grid. As time passed, we noticed that there was no significant difference in the compliance p P- _7?0(} Pli/f� €G€ufil ❑ivd = Plyi-riuuth, MiiiriesfJla 55,14-17-1482 WU14N p[} Y�InOufh,Tln'oo`_/ , �'•Z Page 20 check failure rates for the non -participating businesses as compared to the Best Practices businesses. Therefore, after carefiil study, the City chose to abandon the Best Practices program. This was a difficult decision, but based on the longitudinal data, the expense and invested staff tine, the program was not cost efficient. As of today, the City offers minimum training for our tobacco license holders; encourages businesses to train and work with its employees; and completes our required compliance checks. If this proposed legislation should endure, there are a number of unanswered questions and concerns: In short, in order to suspend a license under H.F. No. 962, the City, as the licensing authority, has to determine that the licensee training program and unannounced testing policies are inadequate to prevent violations. How can the City be expected to determine inadequacy without any clear standards? How can the licensee be held accountable without being given a clear standard of expectations in relation to company policies, training and unannounced employee inspections? Can the City force the owners of establishments to produce records on the spot, or are administrative subpoenas needed? If a business owner does not have to immediately produce records, they could create them after the fact to show compliance hence never receiving a suspension. Will the business owners be expected to show proof of compliance during the application process for a license or renewal? Can the City request a business' records at anytime or only after a violation of illegal sale? How Iong does an establishment need to keep its records? How is the City to determine that a new employee was trained in the proper timeframe and furthermore; there is no standard of what is to be trained. Lastly, who is going to provide ffiurding for these additional administrative and time consuming tasks especially during these economic times? As previously stated, the current statute regarding municipal tobacco Iicenses is sufficient. Cities are allowed the local control to properly manage the enforcement of this statute in the best interest of their communities. Therefore, I encourage the Government Operations and Elections Committee Members to forgo H.F. No. 962. I thank you in advance for your time and consideration on this important matter. Sincerely, s/ f Chief Mike Goldstein City of Plymouth Cc: Laurie Ahrens, City Manager Page 21 The Bailer Herbst Law Group, P.C. EXECUTIVE SUMMARY OF THE VALUE AND IMPORTANCE OF CABLE TELEVISION FRANCHISE RENEWALS The Northwest Suburbs Cable Communications Commission ("NWSCCC") is a joint powers entity created by Brooklyn Center, Brooklyn Park, Crystal, Golden Valley, Maple Grove, New Hope, Osseo, Plymouth and Robbinsdale to serve as the franchise authority on their behalf for cable television services. The current cable television provider is Comcast. Comcast has requested the renewal of an existing franchise that had been granted by the NWSCCC in 1982 and renewed in 1994. - The attached memorandum summarizes the value and importance of the cable television franchise renewal process that will be followed by the NWSCCC. It includes: Questions with answers to important considerations. The importance of creating a record of information and decisions. A summarization of important subjects to be reviewed and addressed. Based on requirements of both state and federal law, the NWSCCC has initiated a process to renew Comcast's franchise that will include review of the past performance of Comcast and identify the future needs for cable television services important to each member city. In order to be sure that the NWSCCC gathers information from each of the separate member cities including residents, businesses and industries, the NWSCCC will be coordinating its renewal process with each member city. This will be accomplished within each city by working together gathering information from key sources within each city including residents, community leaders from government, business, institutions, and from existing records concerning cable services. Surveys will be used concerning past performance and future needs and will include questions about Comcast's rates, mix and availability of programs and services, quality of services, customer satisfaction and future needs and interests and Comcast's compliance with the terms and requirements under its existing franchise. At the conclusion of the information gathering process, the NWSCCC will create a renewed franchise agreement incorporating needed changes to the existing franchise to ensure that on a going forward basis the franchise agreement will contain the most modern terms and conditions for the member cities benefit. Page 22 The Baller Herbst Law Group, P.C. THE VALUE AND IMPORTANCE OF CABLE TELEVISION FRANCHISE RENEWALS AND THE PROCESS OF GATHERING INFORMATION AND SUPPORT FOR LOCAL REQUIREMENTS We frequently receive questions concerning the local government role in franchise renewal. We are asked if the local government can realistically achieve a benefit from having a process to study and evaluate community needs. The uncertainty of local officials is generally the result of not knowing their rights and not having past experience in negotiating a new cable franchise. We have listed below answers to questions and highlighted many of the important considerations to have in deciding a process for cable franchise renewal. Additionally, we have highlighted some of the subject areas in which local governments have the legal right to establish requirements. Questions and Answers and Important Considerations • It has been our experience that having a process to gather information and community support will enhance the local government leaders chances for achieving significant local benefits for their community in a renewal franchise. • Cable operator's and their attorneys handle franchise renewals daily and are seasoned negotiators, although the Municipality may not have dealt with a franchise renewal for 10 or 15 years, with a little assistance and planning the Municipality can level the playing field and be ready to negotiate effectively with its cable operator. • Cable operators often pursue a strategy of dragging out renewal negotiations until the local government body runs out of money or political will. They also pressure smaller communities into accepting a franchise that the operator has prepared which does not benefit or address the needs of the community. The community may have insufficient resources, the operator may have outgunned local staff or the community may be woefully unprepared to back up its demands. • The most important factor in a franchise renewal is not the size of the local government but the degree of leverage, i.e., the type of information collected and how well it has been used to develop a plan. • Why allocate adequate staff, resourceslfunding and time: ♦ A franchise is granted for a long time, usually seven years or longer. Local governments need to address long term needs and interests and prepare for new technology and services. 1 Page 23 The Balser Herbst Law Group, P.C. ♦ Franchise renewal is a very valuable asset or right for a cable operator, i.e., the use of the public rights-of-way for public profit. The local government is the steward or trustee of this asset for the public. ♦ Compensation received by the local government in the form of franchise fees- as well as compensation in the form of PEG access and/or I -Nets can be of considerable benefit to a community. ♦ A local government that has adequate staff and resources and is prepared shows the cable operator that they are capable of taking steps to ensure or protect the community's cable needs and interests. ♦ Although a needs assessment is not required under an informal process, it is advisable as it gives the local government leverage in negotiations with the cable operator and can be used in the formal process if necessary. It can identify public benefit requirements including capacity for government and educational use. ♦ Will identify the value of and the needs and interests for local programming (PEG) and the level of funding, equipment and facilities a community will support. ♦ If a local government decides to deny a renewal, it must have a solid record to back up the denial as it will be challenged. ♦ A franchise renewal can be an opportunity to create an agreement that has positive long term effects on a community, an opportunity that is only available for a short time. • The federal Cable Act provides the cable operator with a presumption of renewal. Therefore, the burden is on the Municipality to prove either that the cable operator does not have the financial, legal or technical qualifications to continue being the franchisee or that what the cable operator proposes does not meet the Municipalities' future cable -related community needs and interests. To address this burden, the Municipality needs to create a public record to support its decisions including proposed franchise requirements. For example, if there is a history of customer service problems, the Municipality can justify requiring enhanced customer service provisions in the franchise agreement. Creating a Record • Key Elements: ♦ Customer Service: Locate and organize the Municipalities' information on what the public says about cable television services through citizen's complaints and the resolution of those complaints. ♦ Franchise Compliance: Review the existing franchise and ordinance and determine if the cable operator is complying with each and every obligation due to the Municipality. 2 Page 24 The Bailer Herbst Law Group, P.C. It is also important to track the obligations of the Municipality due to the cable operator and to determine if the Municipality is in compliance as well. ♦ Surveys: The cable operator as well as other cable operators routinely survey their subscribers and will use the results of these surveys to bolster their demands. If the Municipality has conducted surveys not only of subscribers, but non -subscribers, community leaders, and businesses and industries, it will be in a much stronger position to counter the cable operator's demands but to support its own requirements in a franchise negotiation. ♦ If the regional community channel and funding are a priority, it will be important to survey community interest and to demonstrate it is a service that is beneficial to the cable operator's subscribers. The cable operator needs to agree that it is an important part of its cable services and has an influence on local subscribership. ♦ Public Hearings: A public hearing(s) that is focused on the issues rather than one that is open-ended and allows the public to "come down and tell us how you feel" can be a source for important information relating to the renewal process. It is important to continue any public hearings until just before a decision about the franchise renewal is reached so that additional information can be considered. ♦ Public Safety: Often cable operators spend their capital dollars on programming and not on compliance with the various safety codes which define the safe construction and maintenance of a cable system. Cable system inspection often discloses a history of safety code violations and a record of these can assist the Municipality in determining if the cable operator has the legal, financial or technical qualifications to hold a franchise. ♦ New Services/Technologies: There are many new services and technologies just being introduced or soon to be introduced in many areas, it is important to ensure that the Municipalities' citizens have as modern and up to date system as possible and that these new technologies are used fairly, reasonable and safely. ♦ Technical Standards: The technical standards of the FCC only apply to analog channels. The FCC requires twice annual testing of systems, "Proof of Performance" testing. The results of these tests must be maintained by an operator for five years. A number of systems/operators either do not meet the FCC requirements or do not meet the FCC reporting rules. This again can speak to the issue of whether the cable operator has the legal, financial or technical qualifications to hold a franchise. ♦ Franchise Fee Compliance: A review of what the cable operator has claimed as revenue, whether all possible sources of revenue were included in the operator's figures and was the fee paid by the cable operator the fair and equitable amount due to the local government. 3 Page 25 The Baller Herbst Law Group, P.C. Important Sub'ects to Address in a Cable Franchise Renewal Local government has the legal right to provide requirements for: • The cable system design. • The capacity of the cable system. • Construction and safety requirements. The area served by the cable system. • Will this cable system be extended to new areas of the City and how? How will the community needs be served in the future? • Programming, both local and imported programming and new program services such as video--on-demand and interactive services. Note: Internet service has been classified as an "interstate information service" and not a "cable service." However, it is a subject of discussion with cable operators. • Notifications, instructions, and service changes. • Public, educational, and governmental access channels, facilities and equipment and funding. • Institutional network (connections between public buildings and/or school facilities with dedicated capacity and/or dedicated fiber). • The customer practices of the cable company and location of customer service and technical personnel. • Subscriber privacy. • Complaint handling. • The maintenance of the cable system. • Enforcement procedures. • Insurance and security for performance. • Term of a franchise. • Periodic review and evaluation. 4 Page 26 The Bailer Herbst Law Group, P.C. Discriminatory practices. Rates and charges. -- • Franchise fee and identification of revenues. Verification procedure, i.e., audit. • Reports and periodic community update. • Changes in ownership and/or system sales. • Emergency services. 5 Page 27