HomeMy WebLinkAboutCouncil Information Memorandum 05-02-2008UPCOMING MEETINGS AND EVENTS
Senator Terri Bonoff Town Hall Meeting, 05/05/08.............................................................................Page 1
Planning Commission Agenda, 05/07/08..............................................................................................Page 2
Park & Rec Commission Agenda, 05/08/08.......:.................................................................................Page 3
May, June, July 2008 Official City Meeting Calendars....................................................................... Page 5
Tentative List of Agenda Items for Future. City Council Meetings .................................................... Page 11
INFORMATION
News Articles, Releases, Publications, Etc ....
Date of Bus Re -Routing to Hennepin Not Yet Known, Rider Alert .................................................. Page 12
Greening Up Public Policy, Article Minnesota Cities........................................................................Page 13
MEETING MINUTES
PACT Minutes, 03/26/08..........................:........................................................................................ Page 15
Human Rights Commission Minutes, 02/07/08..................................................................................Page 19
Human Rights Commission Minutes, 03/19/08....................................:.............................................Page 22
STAFF REPORTS
Energy Conservation Efforts..............................:...............................................................................Page 23
Community Development Pending Planning Applications................................................................Page 25
CORRESPONDENCE
Letter from Metro Cities, RE: Metro Sales Tax for Transit............................................................... Page 29
Letter from Kennedy & Graven, RE: Suburban Rate Authority .........................................................Page 32
Letter from Kennedy & Graven, RE: City Relocation Rights Over Utilities .....................................Page 34
Letter from League of MN Cities, RE: Value of Cities Research Survey ..........................................Page 39
LEGISLATIVE ITEMS
MLCUpdate, 05/01/08...................................................................................................................... Page 44
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You hold the power to make a difference in state government.
PLANNING COMMISSION AGENDA
WEDNESDAY, MAY 7, 2008
WHERE: CITY COUNCIL CHAMBERS
Plymouth City Hall
3400 Plymouth Boulevard
Plymouth, MN 55447
CONSENT AGENDA
All items listed on the consent agenda* are considered to be routine by the Planning Commission
and will be enacted by one motion. There will be no separate discussion of these items unless a
Commissioner, citizen or petitioner so requests, in which event the item will be removed from
the consent agenda and considered in normal sequence on the agenda.
1. CALL TO ORDER -.7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. PUBLIC FORUM
4. APPROVAL OF AGENDA
5. CONSENT AGENDA*
A. Approve the April 16, 2008 Planning Commission Meeting Minutes.
B. City of Plymouth. Approve site plan amendment to construct a pump house facility
for property located at 12000 Old Rockford Road. (2008016)
C. Wold Architects and Engineers. Approve site plan amendment to construct a 256
square foot two-story addition (roughly 16 -feet .by 16 -feet) on the southwest side of
the gymnasium complex at Armstrong High School located at 10635 36th Avenue
North. (2008026)
6. PUBLIC HEARINGS
A. The Rottlund Company, Inc. Planned unit development amendment and
preliminary plat to create 20 single family lots and one outlot from one existing outlot
for property located west of Cheshire Parkway and north of 55th Avenue North.
(20.08003) (Continued from the Planning Commission Meeting of April 2, 2008.)
B. City of Plymouth. Zoning ordinance text amendment to Section 21155 — Sign
Regulations to define and prohibit mobile signs. (2008019)
7. NEW BUSINESS
8. ADJOURNMENT
Page 2
Regular Meeting of the Park and Recreation Advisory Commission
May 8, 2008, 7 p.m.
AGENDA
1. Call to Order
2. Approval of Minutes
3. Visitor Presentations
a. Athletic Associations
b. Staff - Diane Evans
Paul Buck -Forestry
c. Others
4. Report on Past Council Action
a. Taryn Hills Mini Park - Master Site Plan
5. Unfinished Business
a. Update - Zachary Park Building
b. Update - West Medicine Park Building
6. New Business
a. Review Hilde Concept Plan
Brauer & Associates- Amenda Prosser
b. Review Bocce Ball proposal from Minnesota Special Olympics
7. Commission Presentation
8. Staff Communication
9. Adjourn
Next regular meeting - Thursday June 12, 2008
Page 3
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OFFICIAL CITY MEETINGS
May 2008
Sunday Monday Tuesday Wednesday
Thursday
Friday
Saturday
Apr 2008
S M T W T F S
Jun 2008
S M T W T F S
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7:00 PM HUMAN RIGHTS
COMMISSION MEETING,
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3
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Parkers Lake Room
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7:00 PM PLANNING
COMMISSION
MEETING, Council
Chambers
7:00 PM PARK $ REC
ADVISORY
COMMISSION (PRAC),
Council Chambers
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12
13
14
15
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7:00 PM REGULAR
COUNCIL MEETING,
council chambers
7:00 PM
ENVIRONMENTAL
QUALITY COMMITTEE
(EQC), Medicine Lake
Rooms A 8 B
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7:00 PM PLANNING
COMMISSION
MEETING, Council
Chambers
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MEMORIAL DAY
(Observed) - City
Offices Closed
7:00 PM REGULAR
COUNCIL MEETING,
Council Chambers
7:00 PM PLYMOUTH
ADVISORY
COMMITTEE ON
TRANS T (PACT) ,
Medicine Lake Room A
6:00 PM HRA MEETING
Medicine Lake Room
9:00 AM -3:30 PM
SPECIAL RECYCLING
DROP-OFF DAY,
Plymouth Maintenance
Facility
modified on 5/2/2008
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OFFICIAL CITY MEETINGS
June 2008
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
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2
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7
7:00 PM PLANNING
COMMISSION
MEETING, Council
Chambers
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7:00 PM REGULAR
COUNCIL MEETING,
noun 7 chambers
7:00 PM -
ENVIRONMENTAL
QUALITY COMMITTEE
(EQC), Medicine Lake
Rooms A&B
- 7:00 PM PARK & REC
I. ADVISORY
COMMISSION (PRAC),
Council Chambers
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FLAG DAY
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7:00 PM PLANNING
COMMISSION
MEETING, Council
Chambers
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7:00 PM REGULAR
COUNCIL MEETING,
Council chambem
7:00 PM PLYMOUTH
ADVISORY
COMMITTEE ON
TRANSIT (PACT) ,
Medicine Lake Room A
7:Oo PM HRA MEETING
Medicine Lake Room
MUSIC IN PLYMOUTH
8:00 am SK Run
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30
May 2008
Jul 2008
S M T W T F S
S M T W T F S
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OFFICIAL CITY MEETINGS
July 2008
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
1
2
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5
Jun 2008
S
M
T W T
F S
7:00 PM PLANNING
COMMISSION
MEETING, Council
Chambers
INDEPENDENCE
DAY, City Offices
Closed
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Music In Plymouth
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5pm Hilde
Performance Ctr
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7:00 PM REGULAR
COUNCILMEETING,
Council Chambers
7:00 PM
ENVIRONMENTAL
QUALITY COMMITTEE
(EQC), Medicine Lake
Rooms A&B
7:00 PM PARK & REC
ADVISORY
COMMISSION(PRAC),
Council Chambers
13
14
IS
16
17
18
19
7:00 PM PLANNING
COMMISSION'
MEETING, Council
Chambers
20
21
22
23
24
25
26
7:00 PM REGULAR
COUNCIL MEETING,
Council Chambers
7:00 PM PLYMOUTH
ADVISORY
COMMITTEE ON
TRANSIT (PACT) ,
Medicine Lake Room A
7:00 PM HRA MEETING
Medicine Lake Room
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Aug 2008
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T W T
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Paje 9
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Tentative Schedule for
City Council Agenda Items
May 13, Regular, 7:00 p.m., Council Chambers
• Oath of Office to Police Officer Amy Therkelsen
• Tobacco License Application from Bass Lake Wine & Spirits
• Adopt Ordinances relating to Rental Licensing
• Approve final plat for Taryn Hills 7th Addition for 27 multi -family lots. U.S. Home
Corporation. (2008024)
• Approve site plan amendment to construct a 256 square foot two-story addition on
the southwest side of the gymnasium complex at Armstrong High School located at
10635 36th Avenue North. Wold Architects and Engineers. (2008026)
• Consider conditional use permit and site plan amendment for an additional retail
building to be called the "Shops of Plymouth Town Center" for property located at
3550 Vicksburg Lane North. Inland Commercial Property Management, Inc.
(2007114)
• Approval of Tobacco License for Bass Lake Wine and Spirits, 11540 Bass Lake
Road
• Award Contract for 2008 Street Reconstruction Project
• Award Contract for 2008 Seal Coat Program
• Award Contract for 2008 Crack Repair Program
• Award Contract for CR9/CR 61 Erosion Repair Project
• Approve application of E.A. Plymouth, Inc. d/b/a El Azteca, 3500 Vicksburg Lane,
Suite 500, to extend their licensed premises for a seasonal outdoor seating area
• Approve rental of property to Interfaith Outreach and Community Partners
• Approve Garbage Hauler License for Garbage Man Inc.
May 27, Regular, 7:00 p.m., Council Chambers
• Approve Planned Unit Development amendment and Preliminary Plat to create 20
single family lots and one outlot from one existing outlot for property located west
of Cheshire Parkway and north of 55th Avenue North. The Rottlund Company, Inc.
(2008003)
• Update on Outlot Study
• Award Contract for 28th Avenue Lift Station Upgrade
• Announce Special Drop-off Day on May 31
• Present Swat Mobile Command Vehicle to the City
June 10, Regular, 7:00 p.m., Council Chambers
• Proclamation Honoring 70th Anniversary of Carlson Companies
June 24, Regular, 7:00 p.m., Council Chambers
July 8, Regular, 7:00 p.m., Council Chambers
July 22, Regular, 7:00 p.m., Council Chambers
August 12, Regular, 7:00 p.m., Council Chambers
Note: Special Meeting topics have been set by Council; all other topics are tentative. page 11
A transit system
operated by the
City of Plymouth
Location
3400 Plymouth Blvd.
Plymouth, MN
55447-1482
Web Site
www.ci.plymouth.mn.us
click on "Services
then "Transit"
Transit Administrator
Pat Qvale
763-509-5052
Customer Service
Voice: 763-509-5535
riderALENT.I.
Date of bus re-routing to Hennepin not yet know;
Change expected to occur later this spring
Affects Routes 742, 747, 772, 774, 776, 777, 790, 793, 795
As reported in an earlier Rider Alert, due to road reconstruction, Plymouth
Metrolink buses that travel through downtown Minneapolis will be re-routed.
from Marquette and Second Avenues to Hennepin Avenue later this spring. The
re-routing will continue into 2009.
When bus routes will change depends on the road construction schedule.
According to the latest construction plans, the change is not likely to occur
until late May or early June. Another Rider Alert will be distributed when the
start date of the route changes is laiown.
Detour Routes
AM Routes
Routes 772,774,776,777,790,793,795
In the morning, buses will take a left at Hennepin Avenue and 12th Street. Buses
will proceed along Hennepin until Washington Avenue where the routes will
end.
Routes 742, 747
In the morning, buses will start at Hennepin and Washington Avenues. They
will proceed along Hennepin until l It" Street, and then take a right and continue
current route along 11'1' Street.
PM Routes
Routes 772,774,776,777,790,793,795
In the afternoon, buses will start at Hennepin and Washington Avenues. Buses
will travel along Hennepin Avenue to l It' Street. There they will take a right
and continue along 11"' Street on the current route.
Fax: 763-509-5510 Routes 742, 747
In the afternoon, buses will take a left at Hennepin Avenue and 12'1' Street and
Email: transit@ proceed along Hennepin until Washington Avenue where the routes will end.
ci.plymouth.mn.us We apologize for any inconvenience this detour may cause. If you have any
questions, please contact Plymouth Metrolink at 763-509-5535 or e-mail us at
www.ci.plymouth.mn.us (click on "Services" and then "Transit").
Page 12
i���y� lh►s
REPRESENTING CITIES AT THE CAPITOL
ublocreeninicy
Improving energy efficiency and becoming more environmentally aware are imperative today.
The League of Minnesota Cities and its members understand this. During the. current legislative
biennium, state officials have shown they understand it, too, by introducing new laws to address the issue.
everal Minnesota cities have
shown leadership on "green"
issues—those related to energy
conservation, sustainable devel-
opment, and other conservation
practices.At stake are cost savings,
preservation of vital natural
resources, land conservation, pro-
tection of the natural environment, and
reduction in air and water pollution.
Fortunately, Minnesota cities are not
alone in these environmental efforts.
During this legislative biennium, state
leaders have shown a renewed interest
in promoting green -related public
policy as well. In February, the Office
of the State Auditor began collecting
survey responses from cities through-
out the state to develop a Best Practices
Review report for the purpose of help-
ing local governments reduce operating
costs through energy cost reductions.
According to State Auditor Rebecca
Otto, this Best Practices Review topic
was inspired by conversations she had
with city officials at the 2007 League
of Minnesota Cities (LMC) Annual
Conference.
Currently, there is significant green
action, on the legislative side, too. On
the heels of the comprehensive Next
Generation Energy Act, which became
law in 2007, legislators are now consid-
ering three new bills that could benefit
cities' energy efficiency efforts. LMC
staff will continue to monitor the prog-
ress of these bills and their potential
impact on Minnesota cities.
W00 to Wp cities,improve
faci ft Wiclency
Perhaps the most significant legislation
is a bill that would provide a voluntary
By Craig Johnson and Don Reeder
energy financing improvement program
for state and local government entities.
Sen. Scott Dibble (DFL -Minneapolis)
and Rep. Jeremy Kahn (DFL: -North
Branch) introduced SF 3096 and
HF 3669 in March. Several committees
have considered and passed the bills.
This proposal would provide assistance
to cities to improve energy efficiency
in city buildings and facilities.Accord-
ing to the U.S. Green Building Council,
commercial, industrial, and institutional .
buildings in the United States consume
up to 440 percent of all energy used; add
UP to 40 percent of atmospheric emis-
sion; use more than 60 percent of all
electricity, 20 percent of all water, and
up to 30 percent of raw materials; and
add 25 percent to solid waste mass.
SF 3096 and HF 3669 would autho-
rize officials from the Minnesota Office
of Energy Security in the Department
of Commerce to conduct energy studies
for buildings owned by cities and other
local units of government that are able
to show the greatest need and that offer
the greatest potential for cost-effective
energy improvement projects. The state
would help to arrange technical assis-
tance and coordinate financial options
for eligible cities. Studies may include
a consumption and cost data analysis, a
full description of the project, a detailed
budget, and analysis that .would demon-
strate energy and cost savings along
with a reduction in use of fossil fuels.
Once projects have technically quali-
fied for this program, a contractor
is found that can provide the capital
improvements. The financing is struc-
tured as a lease -purchase contract,
where the local government has an
annual contract to lease the. capital
improvement and receive full owner-
ship upon completion of the lease
agreement. The Department would
work with private financial institutions
to enter into a financing agreement,
unless the city can seek alternate means
of financing that do not result in a
greater financial obligation. Financing is
done with the stipulation that financing
costs do not exceed the savings attribut-
able to the energy improvement project.
The state, however, guarantees that
the improvements will have a positive
budget impact. The fact that the state
approves all of the projects up front
allows them to make that determina-
tion. If, for some reason, the reduced
energy costs of the improvements fail
to meet that test, the state will. refi-
nance the project over a time period
sufficient to cause the lease to return
to having a positive budget impact.
Both the technical and financial
aspects of this program would allow
cities with eligible projects to either
work through their existing environ-
mental building service provider or
use contractors identified by the state.
To be eligible for the state cash flow
guarantee, however, the proposal and
technical evaluation, regardless of the
contractor selected, would need to
meet project requirements established
by the state Office of Energy Security.
Cities' participation in the program
would be completely voluntary.
8100 to r6duce carbon emissions
from Widings
Another proposal related to energy
efficiency is HF 3401 (Rep. Bill Hilty,
DFL -Finlayson) and SF 2706 (Sei
Page 13
MINNESOTA CITIES - APRIL 2008
Yvonne Prettner Solon, DFL -Duluth),
known as Sustainable Building 3030.
The bill would require state officials to
periodically review sustainable building
guidelines, and revise the guidelines
based on performance standards.The
goal is to make standards cost effective
and energy efficient for new or reno-
vated commercial -industrial and insti-
tutional buildings by reducing carbon
emissions and energy demand.
This legislation would appropriate
an annual contract amount of up to .
$500,000 to the Center for Sustainable
Research at the University of Minnesota
for development and implementation of
performance standards, strategic plan-
ning, research, data analysis, technology,
transfer, training, and other activities.
The bill stipulates that the performance
standards should be designed to achieve
a 60 percent reduction in carbon emis-
sions by 2010; 70 percent by 2015;
80 percent by 2020; and 90 percent
by 2025. Progress on the Sustainable
3030 project will be subject to review
by the Legislature every three years.
A third piece of major legislation with
potential impact on cities—SF 2949
(Sen. Julie Rosen, R -Fairmont) and
HF 3334 (Rep. Doug Magnus, R-
Slayton)—would provide for the Min-
nesota Office of Energy Security to
administer microenergy loans as part
of the local renewable energy initia-
tive to finance small-scale co>runu-
nity renewable energy projects.The
bill's define small-scale projects as "solar
thermal water heating, solar electric or
photonolatic equipment, small wind
energy conversion systems of less than
250 kilowatts, geothermal heat pumps,
anaerobic digester gas systems, and
microhydro systems up to 100 kilowatts."
The bills would allocate $20 million
of state monies leveraged through
revenue bonds for a revolving loan
account. Eligible projects would be
considered through a request -for -
proposal process, and proposals would
be evaluated on the diversity of tech-
nology installed under the proposal;
integration of programs with the elec-
tric and natural gas utility entities serv-
ing the city; analysis of the quality and
cost-effectiveness of the resource to
be developed and the technology to
be installed; and proposed security
APRIL 2008
for payback of the loan. In considering
proposals, the Office of Energy Security
would also take into account geographic
location of the city in an attempt to
achieve a dispersed distribution through-
out the state, and would coordinate
efforts with local utilities to help them
achieve conservation goals.
LNC supports current Wft
Though these three bills are primarily
focused on the financing aspect of
energy-saving options, they are consis-
tent with a broader, renewed public
policy emphasis on green initiatives
bolstered by passage of the Minnesota
Next Generation Energy Act of 2007.
Rep. Hilty and Sen. Prettner Solon
co-authored this legislation, which
received bipartisan support and was
signed into law by Gov. Pawlenty in
May 2007. The Act established the
goals of:
® Reducing fossil fuel use in Minnesota
by 15 percent by 2015, and having
25 percent of Minnesota's total
energy from renewables by 2025;
® For utilities, adding a Conservation.
Improvement Program (CIP) savings
goal of 1.5 percent of annual retail
sales and requiring utilities to file
plans every three years on how to
achieve the goals;
® Developing community-based energy
development projects that create
locally produced renewable energy
generation and leave energy money
in the local community; and
® Achieving a reduction in statewide
greenhouse gas emissions by 15 percent
by 2015; 30 percent by 2025; and
80 percent by 2050.
These bills are also consistent with
LMC policies, which support state efforts
to promote sustainable development, as
long as the efforts do not undermine
local authority of cities to determine
what practices will best meet the needs
of their communities, or result in costly
unfunded mandates. The $935 mullion
state budget deficit projected for the
remainder of this budget cycle may have
stalled the immediate funding momentum
for some of these initiatives. Neverthe-
less, Minnesota city officials should feel
encouraged that state leaders have boosted
efforts to address the short-term and
long-term energy and environmental
needs of our cities. Ir
-
MINNESOTA CITIES
Craig Johnson is intergovernmental relations
representative for the League of Minnesota
Cities. Phone: (651) 281-1259. E-mail:
Johnson@Imc.org. Don Reeder is the public
affairs marnager for the League of Minnesota
Cities. Phone: (651) 215-4031. E-mail:
dreeder@lmc. org.
agement; aizd sustainable. business .
practices and .technologies
Froiii SD-'16.of LMC''s2008 City .Policies
Rage 14 9
MINUTES
PLYMOUTH ADVISORY COMMITTEE ON TRANSIT
City Council Chambers
Wednesday, March 26, 2008
7:00 p.m.
Present: Chair Person, Sylvia Gustafson; Commissioners, Terry Cheng; Vivian
Honer, Patty Doten, Mary Paprocki, Carmen Pehler
Staff: Sarah Hellekson, Transit/Solid Waste Manager; Bernie Maciej, Transit
Coordinator; Diane Tiegs, Committee Reporter
Absent: Commissioner Terry Bliss, Council Member Sandy Hewitt
Others: Paul Buharin, First Transit Services
Meeting called to order at 7 p.m. by Chair Person Gustafson
1. Approval of Agenda
Motion made by Commissioner Paprocki and seconded by Commissioner Cheng
to approve the agenda as amended. Motion carried.
2. Approval of minutes for the February 27, 2007, PACT meeting
Motion made by Commissioner Paprocki and seconded by Commissioner Doten to
approve the minutes as amended.
3. Dial -A -Ride Brainstorming ideas
Manager Hellekson reviewed the PACT Brainstorming topics discussed at our last
meeting.
Manager Hellekson has been reviewing old documentation to establish the origins
of Dial -a -Ride in Plymouth. Records indicate that in 1989 Dial -A -Ride started with
2 buses per Paul Buharin. 1987 was the beginning of the Metro Link relationship
with the City of Plymouth. Commissioner Paprocki added that Dial -A -Ride was not
in service but there was a circulator bus mainly on Saturday and Sunday but due to
lack of riders service was discontinued.
Manager Hellekson provided a hand-out summarizing the brain storming session
at the February meeting. The information will provide a foundation to work from
towards future planning of the Dial -a -Ride program. This information can build a
recommendation to the City Council with ideas of what Dial -a -Ride will look like
during the next two years.
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Page 15
Commissioner Cheng inquired if overtime was paid for Saturday service. Transit
Representative Buharin replied that the schedule is rotating to avoid that expense.
Due to the full capacity of Dial -a -Ride, services would have to be eliminated
somewhere else to provide, for example, Sunday service. Chair Gustafson stated
before making a recommendation to the City Council consideration of capacity
limitations, guideline changes, and fare increase will have to be further discussed.
Commissioner Cheng stated that due to the cost of Dial -a -Ride to the City
revenues need to increase. Transit Representative Buharin stated that the cost of
Dial -a -Ride is high due to the specific individual service. Groups using Dial -a -Ride
help to subsidize the individual trips. Transit Representative Buharin stated a study
was done last year rating the top destinations. There is some consistency with the
routes due to the top destinations riders request service to. Commissioner Doten
stated that due to the individual needs the service is similar to a cab ride. Chair
Gustafson summarized that the options are to follow the guidelines we currently
have in place or modify the existing pamphlet. Fare increases could be based,on.
service with fare increase to destinations outside the city limits.
Work from survey in May to add additional recommendations if needed.
Action Item: Put on agenda in April to discuss changes to guidelines and formulate
ideas regarding rate increase.
4. 2008 Work Plan Review and Acceptance
Manager Hellekson reviewed the 2008 Work Plan. The PACT Committee
modifications were to move Performance Management to April and add the 2009.
Work Plan to the October meeting.
Motion made by Commissioner Cheng to accept the 2008 Work Plan with
modifications Commissioner Doten seconded. Motion carried.
Commissioner Cheng requested new bus discussion be included on the April and
May agendas. Chair Gustafson stressed the. importance of strong lobbying for new
buses. Manager Hellekson will continue to advocate for the City of Plymouth at
meetings regarding buses.
Action Item: Include new bus update on the agenda monthly.
5. 1-494 Corridor Commission Update & Commuter Challenge Marketing
Manager Hellekson provided a written update in the meeting packet on recent
meetings at the capital regarding transit. Manager Hellekson relayed a discussion
with Peter Bell regarding the bus situation and the immediate need for new
vehicles. There was discussion during a meeting with Peter Bell regarding a fare
increase to which Chair Gustafson stated that fare increases have not resulted in
better transit in Plymouth. We must remember that system users still pay the gas
tax and increased sales tax. A fare increase may result in ridership loss if the
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Page 18
i
increase is substantial. Especially if the users do not have a place of employment
that helps to subsidize employees monthly bus passes.
The Commuter Challenge information will be available at the Yard and Garden
show and City Sampler event. It is difficult to promote increased participation in an
already when our transit system is already at capacity.
6. Minneapolis Access Plan and Hwy 101 Update
Bernie provided a handout for the Minneapolis Access Plan during the construction
on Marquette and 2nd Avenue scheduled for downtown. Rider Alerts will be out
with the new Hennepin Avenue route. Chair Gustafson would also like signs for
the buses regarding the May 1 2008— December 2009 construction route. Chair
Gustafson is concerned about safety due to the thefts and assaults on Hennepin
Avenue. Commissioner Cheng would like a Rider Alert prepared now so
information can be given out next week. Commissioner.Pehler would like to
appeal to Minneapolis Police to increase patrolling on Hennepin. Stops will be
added along Hennepin to accommodate transit users and shelters will be shifted to
Hennepin during the construction.
Coordinator Maciej relayed that there is no update regarding 101 Hwy
construction. New schedules will be distributed in June and will reflect route
changes for 790 and 793. The 793 has been changed by 5 minutes to improve.
route timing. The Park and Ride at Cub Foods will have'a time point on the new,
schedule.
7. Ridership Information and Review of Ridership Statistics for Jan/Feb 2008.
PACT Work Plan
Bernie reviewed the January/February statistics with the PACT. Until additional
buses are acquired new ridership will be difficult to obtain. Unfortunately the new
buses have less seating which will not help to solve our capacity issue.
8. Identify areas of concern and/or recommendations
Commissioner Doten: Relayed that the Dial -a -Ride users are completing the new
surveys. Chair Gustafson added that a fixed route survey was done several years
ago.
Action Item: Chair Gustafson to forward the previous survey information to
Manager Hellekson.
Commissioner Paprocki: No comments
Commissioner Honer: No comments
Commissioner Cheng: Stated again that the safety of riders on buses is becoming
an issue due to the poor condition of the vehicles. It would be beneficial to have
elected officials advocate the immediate need. Chair Person Gustafson will draft a
0:\TRANSIT\PACT\MINUTES\2008\Minutes\MinutesMarch262008.doc
Page 17
letter to elected officials for PACT Committee Members to use as a guide. The
letter will be sent to elected officials to encourage legislators to advocate for buses
in Plymouth.
Commissioner Pehler: Reviewed the bus stop at Terraceview and Schmidt Lake
Road. Having buses set back further from the intersection seems to work and
would like the bus drivers to continue that practice.
Chair Person Gustafson: Stated the complaint log looks- great however, buses are
again looking dirty on the inside and out again. Please -continue to do what we
originally were told and that is the inside out of the buses is to be addressed every
other day according to First Transit procedure. Seats need to be covered on the
776 due to the upholstery stuffing sticking to passengers clothing.
Manager Hellekson: Cub foods update improvements. Coordinator Maciej
showed a picture of the new mats over muddy area at Cub Foods Park and Ride..
9. Adjournment
Motion made by Commissioner Cheng and seconded by Commissioner Doten to.
adjourn the meeting. Meeting adjourned 8:50 p.m.
Respectfully Submitted
Diane Tiegs, Committee Reporter
0:\TRANSIT\PACT\MINUTES\2008\Minutes\MinutesMarch262008.doc
Page 18
OFFICIAL MINUTES
PLYMOUTH HUMAN RIGHTS COMMISSION
February 7, 2008 Regular Meeting
COMMISSIONERS PRESENT: Alden, Pelc, Dockman, Klevorn
COMMISSIONERS ABSENT: Tupa, Layton, Olsen
SCHOOL REPRESENTATIVES PRESENT: Lois Robbins, Wayzata ISD #284
STAFF PRESENT: Ward Two Councilmember Murdock, Human Resources Manager
Sobania, and Deputy City Clerk Olson
GUESTS PRESENT: Judy Reiner, Region 10 LMHRC Director
Evelyn Strauss, LMHRC President
Marilyn Helland, LMHRC Co -Secretary
1. Call to Order
Chair Alden called the meeting to order at 7:00 p.m.
2. Approve Agenda
It was motioned by Chair Alden, seconded by Commissioner Klevorn, to approve the agenda.
With all members voting in favor, the motion carried.
3. Approve Minutes
It was motioned by Commissioner Dockman seconded by Commissioner Pelc, to approve the
minutes of November 1, 2007. With all members voting in favor, the motion carried.
4. Presentation
A. Speaker from the LMHRC Board of Directors
Ms. Helland reported on the framework and purpose of the Board as well as some of their current
projects. She presented informational packets on the League of MN Human Rights
Commissions to the group. She highlighted the state conference that will be occurring in
October this year at Rochester.
5. New Business
A. Welcome New Commissioners/New Commissioner Orientation
Page 19
Ms. Sobania introduced the staff that assists the commission. She briefly outlined the purpose of
the commission, the responsibilities of commission volunteers, conflicts of interest and ethics,
and open meeting law.
Councilmember Murdock outlined the City Council Goals that have been under discussion and
welcomed any questions or comments from the commission.
B. Election of Officers
It was motioned by Councilmember Klevorn, seconded by Commissioner Pelc, to table this item
until the next regular meeting. With all members voting in favor, the motion carried.
C. Set Quarterly Meeting Dates
The commission selected the quarterly dates of. May 1, Sept. 4, Nov. 6, and Feb. 5, 2009
6. Reports of Commissioners
A. Report from Commissioner Alden
Chair Alden reported on the event she attended on Martin Luther King, Jr. Day. She stated .the
event held a very purposeful conversation with good speakers and attendance. She found it very
informative.
7: Police Reports
A. Bias Crime Report(s)
There were no bias crimes to report.
8. Old Business
A. 2007 Annual Report and 2008 Work Plan
The commission reviewed the work plan set by the City Council. Human Resources Manager
Sobania emphasized the new language in the work plan that requires the commissioners to attend
no less than five over and above their quarterly meetings. Deputy City Clerk Olson stated that
she would keep the commissioners informed of any events that she finds.
B. Update on Youth Advisory Council Human Rights Event
Deputy City Clerk Olson informed the commission of the Youth Council's Human Rights
Awareness Contest they are holding. The topic is discrimination and how high school students
have experienced it and what they expect to see in the future. The Youth Council would like to
hold a joint ceremony with the Human Rights Commission to honor finalists in both their contest
Human Rights Commission Minutes
Meeting of February 7, 2008
Page 20
and the essay contest sponsored by the Human Rights Commission. They would like to hold the
event either on April 7th or April 14th. The commission discussed the dates and agreed on April
14th
C. 2008 Student -Essay Contest
Wayzata School's Representative Robbins stated that she has distributed the information to all
middle schools and will deliver the essays to staff at the end of February.
Ms. Helland offered to send them Golden Valley's scoring grids to help them score the essays.
The commission discussed the criteria under which the essays will be scored.
9. Announcements and Articles
A. Presentation by Judy Reiner, Region 10 LMHRC Director
Ms. Reiner outlined the events that that Region 10 has participated in throughout the last year.
She presented the commission with a new gift; a DVD entitled "The Way to Happiness". She
discussed the start up essay kits for the schools some commissions are using for their annual
essay contest. She encouraged the commission to apply for funding from the Bremer Grant
program to attend conferences, recruit and retain commissioners, and for strategic planning.
10. Adjournment
It was motioned by Commissioner Klevorn, seconded by Commissioner Pelc, to adjourn the
meeting. The meeting was adjourned at 8:51 p.m.
Respectfully submitted,
Kimberly A. Olson
Deputy City Clerk
Human Rights Commission Minutes
Meeting of February 7, 2008
Page 21
OFFICIAL MINUTES
PLYMOUTH HUMAN RIGHTS COMMISSION
March 19, 2008 Special Meeting
COMMISSIONERS PRESENT: Alden, Tupa, Dockman, Layton, Klevom
COMMISSIONERS ABSENT: Olsen, Pelc
STAFF PRESENT: Deputy City Clerk Olson
Call to Order
Chair Alden called the meeting to order at 7:05 p.m.
Review and Select Finalists for Middle School Essay Contest
The commission discussed the essays received.
Chair Alden led the blind scoring of the essays. The commission selected a first, second and
third place. winner as listed below:
Rank First Name Last Name,
1st Meghna Sohoni
2nd Brian Machut
3rd Kevin Stowe
The commission discussed the amount of the cash prizes and the time and date of the
presentation that is going to be held in conjunction with the Youth Advisory Council. The
commission also discussed the need to get more participation from private and home schooled
students. They also suggested inviting the middle school teachers to a fall Human Rights
Commission meeting to get an early start on the essay contest.
The commission directed staff to send thank you letters to all involved.
The meeting was adjourned at 7:50 p.m.
Respectfully submitted,
Kimberly A. Olson
Deputy City Clerk
Page 22
DATE: April 30, 2008
TO: . Laurie Ahrens, City Manager
FROM: Doran Cote, P.E., Director of Public Works
SUBJECT: ENERGY CONSERVATION.EFFORTS
At the City Council's 2008 goals setting study session, the City Council requested a report on
our current energy conservation efforts. In addition to the recent activities at the Plymouth Ice
Center (see attached memorandum), the following are ongoing efforts:
Facilities — Incorporating energy saving elements into recent facility upgrades (green roof with
Public Safety expansion, high efficiency boilers and HVAC systems), Total Energy Concepts
energy optimization audits at the Public Works Maintenance Facility, City Hall and Public
Safety Buildings, lock boxes on thermostats where needed, possible lighting upgrades, motion
detector light switches, and encouraging a lights out program with employees.
Fleet — Increasing flexible fuel/alternative fuel vehicles (three E-85 pool vehicles purchased in
2008), use of bio -diesel in all diesel burning vehicles and equipment, new emissions technology
on diesel vehicles and equipment and encouraging anti=idling messages for fleet users.
Utilities — Peak shaving at high-energy use facilities (treatment plants, wells and lift stations),
variable frequency drive (vfd) installation that maximize pump efficiency while minimizing
energy use and eliminating hard -starts on pumping facilities (treatment plants, wells and lift
stations), high efficiency geothermal HVAC systems and natural lighting at treatment plants, and
high efficiency pumps.
attachment
O;\Engineering\GENERAL\MEMOS\DORAM2008\Ahrens_EnergyConservationEf£orts_043008.d page 23
PLYMOUTH ICE CENTER
ENERGY CONSERVATION EFFORTS
In the spring of 2007 Total Energy Concepts installed a power protection
and energy optimization system. This system included the installation of
KVAR Intelligent Motor Controllers. These devices fine tune the operation
of electric motors, which reduces the heat generation, reduces amperage and
results in reduced consumption of electricity through optimizing the power
factor of each individual load. The second part of this installation was V-
Blox Superior Transient Voltage Surge Protection System. This system
protects all electrical equipment from both external and internal power
surges. This, in turn, extends the life of all equipment, reduces downtime,
allows for less damage and breakdown to electrical equipment and allows
for the proper operation which results in lower electrical costs.
This system was installed with the guarantee of 15% annual energy savings,
which equates to $2,000 per month and $24,000 annually for the Plymouth
Ice Center. After several months of operation with this system in place, we
have reached or surpassed the 15% savings every month, unfortunately Xcel
Energy has increased their fees, thus our electric bills have not decreased by
15% in dollar amounts, but by Kilowatts used.
Another energy saving conservation effort in 2007 was the installation of T-
5 fluorescent lighting on Rink B. We replaced our 1000 watt metal halide
fixtures with new fixtures that provide more light and use one-half of the
wattage. After installation the lighting foot candle doubled in brightness.
We received a $6,000 rebate from Xcel Energy, which allows this energy
conservation effort to have a 3 -year payback.
Rink B lighting has worked so well that a capital expenditure for Rink A
lighting was set for 2008. The installation is only a couple of weeks away
and again will double the lighting foot candle power, while cutting the
wattage in half. This project will have a 3.4 year payback and we will
receive a $9,000 rebate from Xcel Energy.
The Plymouth Ice Center acting as an enterprise facility and honoring the
goals set forth by the City Council is always looking for ways to conserve
energy, while cutting expenses.
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1'
L.
M METRO CITIES
Association of Metropolitan Municipalities
April 29, 2008
Ms. Kelli Slavik
Mayor
3400 Plymouth Blvd
Plymouth, MN 55447
RE: Metro Sales Tax for Transit
Dear Mayor Slavik,
We have been receiving many inquiries into how cities will be participating in the new 1/40 sales
tax for transit in the metropolitan area. Many of the details surrounding the Grant Evaluation and
Ranking System (GEARS) board have yet to be determined but the following is a general outline
of how the process is moving ahead.
A comprehensive transportation bill was. passed into law during the 2008 legislative session — HF
2800/ SF 2521. Contained in that bill was a provision for a'/4 ¢ metro sales tax. The choice to levy
that sales tax fell to the, seven metropolitan counties - Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott and Washington. To date five of the seven — Anoka, Dakota, Hennepin, Ramsey and
Washington Counties have voted to levy the tax dedicated for transit. The first day of collection
will be on July 1St, 2008, with the counties not beginning to receive the proceeds of the tax until
September. The legislation also called for $30.8 million of the proceeds to be paid to the Met
Council to fund its operating deficit by June 30, 2009, a payment schedule of which will need to
be worked .out.
The legislation called for a tiered system of committees, much like the TAB/TAC process at the
Metropolitan Council, to prioritize the estimated $100 million in annual revenue. The joint powers
board, made up of elected county officials will have the ultimate say on how and where the money
is spent. Working closely with the joint powers board will be the GEARS committee. This
committee will be made up of one county commissioner from each county and elected city
officials from participating counties. The GEARS board will be responsible for evaluating
applications and prioritizing projects to be funded by the joint powers board.
The city participation on the GEARS committee is based on population. For each participating
county one elected city official is guaranteed. For each increment of 400,000 persons in a
participating county, an additional city elected official will be placed on the GEARS board. Metro
P.age 29
145 University Ave W o St. Paul, MN 55103-2044 c Plione (651) 215-4000 Fax (651) 281-1299 a www.arnm145.orb
Cities was tasked in the legislation with calling a meeting of all cities in the Metropolitan Area
who could participate in the GEARS board for an official election of members to the Board. At
this time, based on population estimates:
Hennepin County — 3 total elected city officials
Ramsey County — 2 total elected city officials
Anoka County - 1 total elected city official
Dakota County - 1 total elected city official
Washington County — 1 total elected city official
(At the official start of the GEARS board new population estimates from the Met Council
should be available and we will reassess population numbers at that time.)
The joint powers will have its first official meeting on May 7`", 2008. It is anticipated they will
direct .the GEARS board to be up and running by September. Consistent with this timeline Metro
Cities anticipates calling together the first of probably two meetings.to outline the GEARS board
responsibilities, put an election process in place and designate the local elected officials who will
be participating. The first of these meeiings will likely be around the end of July and the next one
roughly two weeks after that in August.
The purpose of this letter is to provide information about the GEARS process and to give you an
opportunity to think about designating a representative for the election. By law, the designated
participant from a city to the GEARS board must be an elected official.
Please keep this time line in mind and. look for more communication concerning specific dates and
process in the future. If you have any questions please feel free to contact Sarah Erickson at Metro
Cities. 651-215-4003 or saran@amml45.org
Executive Director — Metro Cities
Attachment: HF 2800/SF 2521, language defining the GEARS committee.
cc: City Manager/Administrator
Page 30
20.24 Subd. 5. Grant application and awards,• Grant Evaluation and Rankina System
20.25(GEARS) Committee. (a) The joint powers board shall establish a grant application
20.26process and identify the amount of available funding for grant awards. Grant applications
20.27must be submitted in a form prescribed by the joint powers board. An applicant must
20.28provide in addition to all other information required by the joint powers board. the
20.29estimated cost of the project the amount of the grant sought possible sources of funding
20.3oin addition to the grant sought, and identification of any federal funds that will be utilized
20.31if the grant is awarded A grant application seeking transit capital funding must identify
20.32the source of money necessary to operate the transit improvement.
2o.33 (b) The joint powers board shall establish a timeline and procedures for the award of
20.34grants and may award grants only to the state and political subdivisions. The board shall
20.35define obiective criteria for the award of grants. which must include. but not be limited to,
20.36consistency with the most recent version of the transportation policy plan adopted by the
21.1Metropolitan Council'under section 473.146. The joint powers board shall maximize the
21.2availability and use of federal funds in proiects funded under this section.
21.3 (c) The joint powers board shall establish a GEARS Committee. which must consist
21.4of:
21.5 (1) one county commissioner from each county that is in the metropolitan
21.6transportation area. appointed by its county board;
21.7 (2) one elected city representative from each county that is in the metropolitan
21. stransportation area',
21.9 (3) one additional elected city representative from each county for every additional
21.1o400 000 in population or fraction of 400,000. in the county that is above 400,000 in
21.11population: and
21.12 (4) the chair of the Metropolitan Council Transportation Committee.
21.13 (d) Each city representative must be elected at a meeting of cities in the metropolitan
21 .14transportation area which must be convened for that purpose by the Association of
21.15Metropolitan Municipalities.
21.16 (e) The committee shall evaluate grant applications following objective criteria
21.17established by the joint owers board and must provide to the joint powers board a
21.18selection list of transportation projects that includes a priority ranking.
21.19 (f) grant award for a transit project located within the metropolitan area, as defined
21.2oin section 473.121. subdivision 2 may be funded only after the Metropolitan Council
21.21reviews the project for consistency with the transit portion of the Metropolitan Council
21.22120licyplan and one of the following occurs:
21.23 (1) the Metropolitan Council finds the project to be consistent;
21.24 (2) the Metropolitan Council initially finds the project to be inconsistent, but after a
21.25good faith effort to resolve the inconsistency through negotiations with the joint powers
21.26board agrees that the grant award may be funded: or
21.27 (3) the Metropolitan Council finds the project to be inconsistent, and submits the
i1.2sconsistency issue for final determination to apanel which determines the project to be
21.29consistent The panel is composed of a member appointed by the chair of the Metropolitan
21.3oCouncil a member appointed by the joint powers board and a member agreed upon by
21.31both the chair and the joint powers board.
21.32 (g) Grants must be funded by the proceeds of the taxes imposed under this section.
21.33bonds notes or other obligations issued by the joint powers board under subdivision 7.
21.34 (h) Notwithstanding the provisions of this subdivision. in fiscal year 2009, of the
21 .35initial revenue collected under this section the joint powers board shall allocate at least
21.36$30.783.000 to the Metropolitan Council for operating assistance for transit.
Page 31
C H A R T E R E D
Offices in
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis
Minneapolis, MN 55402
Saint Paul
(612) 337-9300 telephone
(612) 337-9310 fax
St. Cloud
http://www.kennedy-graven.com
Affirmative Action, Equal Opportunity Employer
JAMES M. STROMMEN
Attorney at Law
Direct Dial (612) 337-9233
Email:. jstrommen@kennedy-graven.com
April 22, 2008
Ms. Pat Qvale
Public Services Manager
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447-1448
RE: Suburban Rate Authority
Dear Ms. Qvale:
On behalf the other thirty members of the Suburban Rate Authority, I want to convey
their collective appreciation of Plymouth's long-standing membership in this vital
organization. Much has been accomplished through the joint efforts of SRA cities for
over thirty years.
This letter will give you a brief update on recent utility issues addressed by the SRA on
behalf of its member cities. The SRA is currently involved in several matters of
importance to all municipalities.
Street Lighting. Over the past nine months, a work group consisting of SRA member
delegates in public works has been reviewing the high costs cities pay for street lighting
equipment and maintenance services from their incumbent electric provider. During
2008, this SRA work group is expected to reach a point where it can make
recommendations to the Board and SRA member communities on cost saving
alternatives. Given the large budgets many cities have for streetlighting equipment and
maintenance, these savings could be significant.
Municipal Pumping Rates. In Xcel's 2006 rate case, the SRA has fought successfully
to preserve the favorable electric pumping rate to Xcel customers. The SRA has also met
over the last year -and -a -half with Xcel on matters affecting the efficient operation of city
municipal pumping operations. Important operational efficiencies have been identified,
and the SRA expects to report those to its members in 2008.
VED
APR 2 3 2008
Page 32
Utility Relocation Costs — Multi -Governmental Projects. Cities are facing a new
challenge' from telephone companies on the city's right to require relocation at the
telephone company's expense when the city is carrying out a public project in a county
road. This is a very common multi -governmental project type. The SRA is reviewing
this issue now and will advise its members of processes available to keep project cost
down by maintaining the right to require utilities to relocate at their own expense.
Gas and Electric Franchise Renewals. The SRA has assisted its members in issues
arising when cities negotiate franchise renewals with their utility providers. More cities
in Minnesota are exercising their right to charge franchise fees for the utility's use of
public land in the city. Franchise fee amount and design, and right-of-way management
terms are important provisions in all franchises. The SRA has long-standing expertise
available to its members.
Gas, Electric and Telephone Ratemaking. Xcel, CenterPoint Energy, Qwest, and other
utility providers to residents and businesses in SRA cities petition to the PUC for rate
increases on a regular basis. The SRA is always there to protect the unique interests of
Twin City suburban communities. All three of these providers are expected to seek rate
adjustments before the end of 2009.
Again, we appreciate your city's continued membership. The SRA has accomplished
many things in its 30 -plus year history in utility matters that individual cities would not
have been able to achieve alone.
I also enclose the 2008 first-half assessments. Please remit directly to John Wallin of
Edina. Thank you.
If you have any questions at all about current SRA activities or needs, please contact me.
Very truly yours,
?DYGRAY N, CHARTERED
vt
James M. Str en
Enclosure
cc: SRA Executive Committee
Page 33
Kennedy
470 US Bank Plaza
200 South Sixth Street
J
Minneapolis MN 55402
raven
Graven
337-9300 telephone
(612) 337-9310 fax
V
http://www.kennedy-graven.coi-n
CHARTERED
MEMORANDUM
TO: SRA Board and Alternates; Public Works Directors
FROM: James M. Strommen
DATE: April 23, 2008
RE: City Relocation Rights over Utilities for City Projects in County Roads
INTRODUCTION
Qwest (and possibly other telecommunications companies or other utilities) is now taking the
position that when a city carries out a public improvement project in right-of-way ("ROW") other
than its own city ROW, it has no power to require relocation of private utilities in that ROW. This
would most commonly occur with a city sewer project in a county ROW. Qwest maintains that the
city is just another ROW user and has no ,power to direct the utility to relocate. Qwest argues
further that the county cannot require the private utility to relocate for the city if the interference is
created only from the city project.
The result of this position is the argument that the private utility, absent another agreement, has no
obligation to relocate unless it is reimbursed by the local government unit ("LGU") needing the
relocation when that LGU is in another LGU's ROW. This untested legal position presents the
possibility of more disputes in construction projects, resulting in possible delays if the utility refuses
to move until paid. If Qwest's position were supported in the law, it would significantly shift the
cost of public projects to the public and away from the private utilities and their ratepayers. The
common law requires private utilities to relocate at their own expense for a public project, without
drawing distinctions regarding the "public" as to ROW manager or other capacity.
332103v1 JMS SU160-3
Page 34
We don't believe this is a strong argument under the law. This type of rule would also represent
bad policy. Until it is resolved, however, your city faces the prospect of a "pay me and then I'll
move" position in upcoming public projects where the city is in a county road. This memo
discusses preventative measures a city can take to avoid the possibility of being obligated to pay the
telephone company's relocation cost. Please share this memo withyour public works director.
BACKGROUND AND MULTI-LGU PROJECTS
The common law in Minnesota and all other states, unless a legislature changes the law, is that the
placement of private utilities in public property is always subordinate to the public need. Therefore,
when a public improvement project requires relocation of these private utilities benefiting from
public use -(substantially free ROW access), the utilities must move at their own expense.
This has been a cost of business since utilities began using ROW in the late -19"' century. Yet itis a
very expensive cost of business from which utilities have obtained relief from time to time. In
Minnesota, for federally -aided interstate highway projects, utilities must be paid the reimbursement
costs before they relocate. Minn. Stat. § 161.45. Absent such changes, however, utilities must bear
the cost. Cities have been the most consistent beneficiaries of this rule. .
The Legislature has changed jurisdiction over ROW management of regulated utilities from time to
time. Telephone companies were placed under the' control of the Railroad and Warehouse
Commission in 1915 to govern the growth of telephone companies in the state. This preempted
significant authority of cities both in franchising and certain aspects of telephone company
equipment and ROW within the city. A Minnesota court decided in 1997 that a city had no
authority to require the telephone company to place its cable in conduit for protection from cable
cutting during excavation. It confirmed that cities had no franchise authority over telephone
companies either.
This court confirmation that the Legislature had limited city authority over telecoms and the passage
of the Federal Telecommunications Act of 1996 provided the impetus for the comprehensive ROW
legislation in 1997, codified in Minnesota Statutes, Section 237.162 and 237.163 ("ROW Act").
The ROW Act created a comprehensive set of standards and enabling provisions redelegating
significant ROW management authority to local government units. The format of the ROW Act,
however, was in the context of ROW management authority given to those government units that
managed the ROW. Minnesota Statutes, Section 160.03 subd. 25, establishes the various "road
authority" designations over state, county, town, and city roads. Chapters 160-165 address the
powers and responsibilities of the governing authorities of the respective ROWS.
The primary state law on utility relocation is found in Minnesota Rule Part 7819.3100, which
provides that utilities must relocate at their own expense when the facilities interfere with an LGU
use for a public project. The exception to the rule is when the requested relocation is "merely for
the convenience of the local government unit..."
332103v1 JMS SU160-3
Page 35
MULTI -GOVERNMENT PROJECTS
The ROW Act does not address state road authority over trunk highways or speak to the authority of
a political subdivision like the Met Council or park districts. Both Met Council and park districts
carry out significant public projects such as sewer and park trails. Yet the ROW Act does not
address their power or lack of power to require utility relocation interfering with their project. That
is left to the ROW manager that is a city, county, or township. Cities and counties have shared
"interests" in county ROW within a given city. But the county is designated as the ROW authority
for county and county -state -aid -highways.
Nor does the ROW Act or the PUC rules directly address multi-LGU projects. Common sense and
a fair reading of the statutes would support the right of one or both of the two -unit LGUs involved
in a project to require utility relocation. But there is some language in the ROW Act that purports
to put LGUs on equal footing with private utilities in certain circumstances and prohibits the
requirement of fees when relocation is caused by "another entity" in the ROW. Minn. Stat. §
237.163 subd. 6 (a) and (c).
On this basis, Qwest now challenges a previously -accepted rule: utilities move when a
governmental authority asks them to move for interference whether that governmental unit is the
ROW manager or not. This may arise for a city project in a county road or any number of other
multi -government unit situations where the ROW manager itself is not carrying out a public project,
but rather another non -ROW managing governmental body.
AVOIDING RELOCATION CHALLENGES IN MULTI-LGU PROJECTS
The following are steps all cities should take at the beginning of any project in which they require
utility relocation for interference to the project carried out in other -than -city ROW.
1. Adopt a Comprehensive ROW Ordinance. The ROW Act and PUC rules require that
cities "opt in" to acquire the authority granted by the Legislature and PUC. The broad
ROW management powers under the ROW Act are largely not applicable if a city
chooses not to adopt thein. The default ROW management authority and general police
power of a city that has not adopted the ROW Ordinance is unknown. While we can
argue that the relocation Rule (MR 7819.3.100) applies whether a city has opted in or
not, it is possible that for telephone company matters, a city has a shared ROW power
over telephone company facilities with the PUC. See, Minn. Stat. §237.16, subd. 1(a).
A city does not want to be placed in a position of arguing some undefined scope of
common law rights when it could have opted in on a coinprehensively-defined bundle of
ROW management rights. This does not solve the problem of the multi -governmental
project but it eliminates greater uncertainty as to the city's right regarding relocation.
2. Early County Relocation Involvement. Sometimes joint projects in the county road
result in the county informally delegating much of its authority to the city regarding
relocation of utilities. The city should alert the county to the relocation requirement
332103v1 JMS SU160-3
Page 36
directive early in the project. The city should also urge the county itself to adopt
comprehensive ROW management ordinances. Counties also are governed by the
ROW Act and must opt in, or be left with questionable power over telephone company
facilities in county ROW. A county that has adopted the comprehensive ROW
ordinances and directs the utility to move for the city project is the best way to ensure
relocation at the utility's expense in the county road.
3. Written Joint Powers Agreement. Cities and counties should memorialize their joint
participation in a county road project early in the process. It is common for cities and
counties to share costs and project obligations for city -county projects in county ROW
within a city. Both LGUs have clear interests in the ROW travel, sidewalk safety, and
utility location in such projects. It may be that a county chooses to delegate its ROW
management authority to the city insofar as it involves the directives of utilities to move
to prevent interference with the city project often installing water or sewer under the
county ROW. There is no statute prohibiting such delegation, though it is not authorized
in the ROW Act either.
Further, the combined rights of a city and county in a county ROW are undeniably
1.00% of the ROW management authority. Such dual request for relocation should
avoid any interpretation of the ROW Act allowing the utility to demand reimbursement
before relocation.
4. Obtain Commitments from Utilities Early On. Require commitments from the
utilities that relocate at their own expense early on in the process. The danger in waiting
to address the issue until a contractor is on board is the risk of a utility refusing to
relocate until it is paid. The utility then has the threat of holding a project hostage to its
demands for payment.
5. Use Court Action if there is a Project Delay Risk. Cities have the option to seek court
injunctive relief to require utility facility relocation. Such action, however, is very
expensive and always involves the risk of the court denying the motion. The better
solution is to eliminate the controversy Well before the eleventh hour (see no. 4, above).
Because the real issue to utilities is being paid for the relocation, they may agree to
move the facilities but preserve their right to argue that they should be reimbursed. This
type of agreement avoids the court injunction action and ensures that the facilities will
be relocated without delay.
6. Dealing with Other Utilities. This problem is most relevant to telephone companies.
Cities don't have franchise power over them and are limited to ROW ordinances to
regulate thein. All cities are required by law to have a franchise with the cable
company, and most cities have franchises with gas and electric companies. Relocation
332103v1 JMS SU160-3
Page 37
will be addressed in the cable franchise and is not likely to have provisions that allow
the argument Qwest is snaking about multi-LGU projects. If the city doesn't have a
comprehensive ROW ordinance, the same problem can arise, however. The city should
then take the above steps with the county to ensure clear, early. directive from the city
and county to move interfering utility facilities.
If you have any questions, please call Jim Strommen at 612-337-9233.
332103v1 JMS SU160-3
Page 38
P 0
to
LEAGNNUE of
MIESOTA
CITIES
April 25, 2008
Dear city official –
CONNECTING & INNOVATING
SINCE 1913
On Monday, April 28h, the League plans to distribute a news release to media outlets throughout the state
publicizing initial findings from the recently -completed "Value of Cities" research survey. An advance
copy of the release and a fact sheet showing more detailed survey results are included as attachments in this
e-mail message.
The survey was conducted for the League in November 2007 by Decision Resources, Ltd. The League
hopes to use the survey findings to learn more about Minnesotans' knowledge and perception of city
government, with the goal of helping cities continue to provide high-quality constituent service. Survey
results will be communicated to other public officials and community organizations throughout the state in
conjunction with League President Todd Prafke's "presidential focus". Our communications staff is
currently scheduling radio and newspaper interview opportunities for President Prafke, as well.
City officials are encouraged to consider what the survey results may mean for your own communities, and
to communicate results to your city's elected and appointed staff, and to residents. You may want to
consider engaging your residents in a conversation to determine how closely attitudes and perceptions in
your own city match those expressed in the survey, and what city government can do—going forward—to
help preserve quality of life in your community.
If you are contacted by your local media for comment about the survey results, please feel free to use
talking points from the news release or fact sheet. Additionally, you may want to consider communicating
the following core messages:
• City residents in our state—no matter where they live—overwhelmingly view city government in
positive ways. About 98 percent believe that city government plays a role in their community's
quality of life.
• That holds true not only for city government in their own communities, but in communities,
throughout the state.
• Nevertheless, there is always room for improvement, and city officials will use the survey results to
help achieve the goal of continuing to provide high-quality constituent service.
• In May, the League will release additional survey results about perceptions of elected officials and
staff, and the city workforce of the future (League members will again receive advance notice
before those results are distributed to media outlets).
If you have questions or comments about the survey, please feel free to contact Don Reeder, the League's
public affairs manager, at dreeder@lmc.or or 651-215-4031.
Thank you,
911� _01� V*�w
Jim Miller, Executive Director
145 UNIVERSITY AVE. WEST
ST. PAUL, MN 55103-2044
Page 39
PHONE: (651) 281-1200 FAx: (651) 281-1299
TOLL FREE: (800) 925-1122 WEB: WWW.LMC.ORG
00
LEAGUE of CONNECTING & INNOVATING
MINNESOTA SINCE 1913
CITIES
FOR RELEASE ON OR AFTER APRIL 28, 2008
Contact: Don Reeder, Public Affairs Manager, dreeder ltnc.or or 651-215-4031
Statewide "Value of Cities" survey shows very positive
view of city government among Minnesotans
League study yields unexpected findings for city officials
(April 28, 2008—Saint Paul, Minn.) A recent survey conducted by Decision Resources, Ltd..for
the League of Minnesota Cities shows that an overwhelming majority of city residents in the
state—no matter where they live—recognize city government as an important contributor to
quality of life. Furthermore, by great margins, residents trust and value the work of their elected
and appointed city officials. The survey results were derived from questions asked as part of a
broader research study concerning the "Value of Cities," administered to a random sample of
Minnesota city residents in November of 2007.
The survey showed that nearly two-thirds (63 percent) of respondents indicated they believe that
city government plays a "very important" role in quality of life, with another 35 percent believing
the city role to be "somewhat important." Additionally, 86 percent of survey respondents indicate
they trust city government "a lot" or "somewhat" --a rating that is higher than the trust level for
state government (75 percent), and much higher than the Federal Government (48 percent)..
In other findings, more than two-thirds of respondents said the value of services they receive from
cities is "good" or "excellent", when thinking about the quality of the services given the amount of
taxes paid. In terms of how individual services are perceived, city residents identified law
enforcement as the city service with, the most impact on their quality of life (25 percent). The next
most -common responses were street maintenance (16 percent), public works (11 percent), and
parks and recreation (8 percent).
"Though we sometimes tend to take city services for granted, we can see from the survey results
that a majority of residents are not only are aware of those services, but are pleased with the way
they are delivered," said League Executive Director Jim Miller. "Livability factors like safe streets,
clean park and recreation areas, and public libraries all contribute a great deal to the quality of life
we enjoy in Minnesota cities."
The survey also showed that nearly 80 percent of respondents have either a positive or neutral
impression of city government as a whole, while only 12 percent have a negative impression.
Generally, respondents have positive views not only about their own cities, but of cities throughout
Minnesota. Additionally, large majorities of respondents think most city governments are
forward -thinking, hard-working, ethical, essential, and smart.
145 UNIVERSITY AVE. WEST
ST. PAUL, MN 55103-2044
(MORE) -
PHONE: (651) 281-1200 FAx: (65] page 40
TOLL FREE: (800) 92S-1122 WEB: WV
Survey results
Page 2
"We, as city officials, know the work of local government is not always portrayed in the most
positive light. With that in mind, we're somewhat surprised by the survey results," said Todd
Prafke, League president and city administrator for the City of St. Peter. "Each of Minnesota's 854
cities is unique in its own way. It's great to see that, despite those differences, Minnesota city
residents view their cities in remarkably similar and positive ways."
Over the next several weeks and months, the League hopes to use the survey results to learn more
about Minnesotans' knowledge and perception of city government, with the goal of helping cities
continue to provide high-quality constituent service. Additional findings about perceptions of
elected officials and city staff, and the city workforce of the future, will be publicly released in
May.
The League of Minnesota Cities is a membership organization dedicated to promoting excellence
in local government through effective advocacy, expert analysis, and trusted guidance for all
Minnesota cities. The League serves its more than 830 members through advocacy, education and
training, policy development, risk management and other services. For more information, visit
www.lmc.M.
MORE
i
Page 41
F
O 0
jJEAGUE OF CONNECTING & INNOVATING
MINNESOTA SINCE 1913
CITIES
Value of Cities research survey—fact sheet
Background:
• The survey was conducted for LMC in November, 2007 by Decisions Resources, Inc.
• A total of 800 city residents from Minnesota were interviewed via telephone—they were
selected using random sampling methods.
• The survey has a margin of error of +/-3.5 percent in 95 out of 100 cases.
• The League hopes to use the survey results to learn more about Minnesotans' knowledge
and perception of city government, with the goal of helping cities continue to provide.high-
quality constituent service.
Findings
Cities across Minnesota are viewed very positively by residents.
• Quality of life ratings are high, and city government and its services are viewed as playing
a "very important" role.
• City government is among the most trusted and highest-rated provider of value in
comparison with other levels of government.
• Job ratings of the mayor and city council are strong, as are those of city staff.
• Large majorities of respondents think most cities are forward -thinking, hard-working,
ethical, essential, and smart.
A sampling of questions and responses:
• Overall, do you have appositive impression, negative impression, or a neutral impression
of your city government as a whole?
Positive 51%
Negative 12%
Neutral 28%
Don't know/refused 9%
• How important of a role do you think city government and its services play in the overall
quality of life in your city?
Very important 63%
Somewhat important 35%
Not too/not at all important 2%
Please tell me if you trust (city government) a lot, somewhat, 'not too much, or not at all.
A lot 26%
Somewhat 60%
Not too much 11%
Not at all 3%
145 UNIVERSITY AVE. WEST
ST. PAUL, MN 55103-2044
(OVER)
PHONE: (651) 281-1200 FAx: (651) 281-1244 - - -
TOLL FREE: (800) 925-1122 WEB: WWW., Page 42
• Please tell me if you think the value of services you receive for the amount of taxes you pay
for city government is excellent, good, only fair, or poor?
Excellent 9%
Good 59%
Fair 24%
Poor 6%
Don't know 2%
• Compared to other cities across Minnesota, do you think your city government does a
much better job, somewhat better, somewhat worse, or a much worse job or do you think
they do about the same job?
Much better 1 %
Somewhat better 29%
About the same 56%
Somewhat worse 5%
Much worse 1 %
Don't know/refused 8%
• For each characteristic, please tell me if you think it accurately applies to only tour city,
most cities in Minnesota, some cities in Minnesota, or no cities in Minnesota? (% shown
indicates those responding "most cities in Minnesota").
Essential 75% Accessible 57%
Hard working 70% Accountable 57%
Ethical 65% Credible 57%
Bureaucratic 65% Cooperative 55%
Smart 63% Responsive 55%
Stable 62% Open 54%
Forward thinking 62% Wasteful 52%
Competent 61% Financially responsible 48%
Relevant 59% Slow 48%
For more information contact Don Reeder, Public Affairs Manger, dreede.rQ),lmmnc org or 651-215-4031.
Page 43
RE: House Tax Bill / p�
Good morning —
The House Tax Committee's Omnibus bill (HF3149 — Lenczewski) has passed out of all necessary
committees and will be debated on the House floor Monday.
Some of the bill's highlights include the following:
• Phases out the MVHC over 5 years
• Repeals existing property tax refund programs and replaces them with a new homestead
credit (income based)
• The new homestead credit is equal to a percentage of the homeowner's property taxes that
exceed 2% of household income (phases out at $200,000 in income)
• This proposal eliminates the real and personal property tax deduction for itemized deductions
• Increases LGA by $50 million ($30 million to cities and $20 million to counties) under new
formula
• Imposes the corporate franchise tax on some development subsidies provided through TIF or
economic abatement programs
• Freezes eligibility for JOBZ
• Authorizes Met Council to issue $33 million in "bus bonds"
• Extends LMV two additional years
• Expands the transit taxing district to the 7 county metro area
• Provides for a fiscal disparities study by DOR
• Aggregate tax provisions
• Prohibits local governments from imposing local option sales tax for 3 1/z years
• Authorizes Anoka, Dakota and St. Louis counties to impose mortgage and deed taxes and
Hennepin and Ramsey County to extend term by five years
Page 44
A link to the Omnibus bill summary is below:
https://www.revisor.leg. state.mn.us/bin/getbill.php?nu.mber=HF3149&session=1s85&version=list&ses
Sion number=0&session year --2007
Lew Limits
Governor Pawlenty continues to push for "property tax caps" which is the lesser of 3% or CPI. I have
included the latest offer by Governor Pawlenty which includes the property tax cap. This issue will
be discussed as part of the final budget compromise negotiations.
The tax bills (Senate/House) should be in conference committee next week.
Please call with any questions. .
-2-
Page 45
30 -Apr -O8
Republican Offer #2
This offer is made with the intent to set parameters for a global budget solution. Specific
elements to be agreed upon by conference committee and the Administration.
Governor's property tax cap as proposed in the supplemental budget recommendation (capped
at lesser of 3% or CPI). This would limit levy growth and provide tax relief to homeowners.
Willing to accept Central Corridor project under the following conditions:
* Agree to a budget solution that is fiscally responsible and makes progress toward resolving the
projected FY 10-11 deficit
* Cap state construction costs for the project at 10% or $91 million, whichever is less
* Limit state share of operating costs to 50% or less, similar to original agreement on Hiawatha
• Resolve outstanding issues regarding parking on University Avenue and mitigation costs
requested by the University of Minnesota
* Include Minneapolis Veterans Home Nursing Facility and Lake Vermilion State Park, while
ensuring that overall GObondingis $825 million or less
Split the difference on use of HCAF surplus to help preserve existing health care programs
funded through the general fund
Governor's level for using general fund reserves - all from budget reserve
Net budget changes, including spending reductions, new spending items, and non -tax and tax
neutral changes. FOC definitional change now offset by property tax reductions realized by
property tax cap and Governor's military pay & pension exemption proposal
Other non-HCAF balances used to help.resolve GF deficit
Improve budget tails by $530M (remaining challenge in FYI 0-11 est'd at $668M)
No new taxes
• .ti :fix :ky.r^I�::
'` Future legislative offers must outline a joint and complete budget solution
960 Total ($935M projected deficit plus impact of Chapters 152, 154, 155, 179 & HF 4075)
Page 46