Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Council Information Memorandum 02-11-2005
rp)CITY OF PLYMOU' Dummy COUNCIL INFO ME►v.,,., February 11, 2005 UPCOMING MEETINGS AND EVENTS Youth Advisory Council February 14 meeting agenda......................................................... Page 3 Planning Commission February 16 meeting agenda............................................................ Page 4 Housing & Redevelopment Authority (HRA) February 17 meeting agenda ........................ Page 5 February, March, and April Official City Meeting Calendars .............................................. Page 7 Tentative list of agenda items for future City Council meetings ........................................ Page 13 FOR INFORMATION ... News Articles, Releases, Publications, etc. Minutes and documents from the Suburban Rate Authority Meeting of January 19, attended by Councilmember Willis............................................................. Page 15 2005 Calendar of Parks & Recreation Department events and activities ........................... Page 29 Star Tribune Plymouth—related articles from the Wednesday "West Edition": Update on the proposal to place median barriers on I--494 and Hwy. 169 ............. Page 31 News story on the City of Chaska's wireless Internet service ................................ Page 32 Invitation to a Hennepin County meeting concerning CSAH 24 from Olive Laneto Jewel Lane............................................................................................................. Page 34 MnDOT 2005 legislative transportation funding proposals — 2005 session (submitted by Councilmember Hewitt, obtained at the I-494 Corridor Commission meeting).............................................................................................................................. Page 35 MnDOT Metro District draft summary of a performance based investment plan (submitted by Councilmember Hewitt, obtained at the I-494 Corridor Commission meeting).............................................................................................................................. Page 37 Staff Reports Police Department January 2005 Activity Report .............................................................. Page 60 Hennepin County Adult Correctional Facility Population Report ...................................... Page 65 Update on the Family Self—Sufficiency Program (T.R.A.I.L.S.)........................................ Page 66 Update on housing vouchers at Willow Creek North & South Apartments ....................... Page 67 Minutes CITY COUNCIL INFORMATION MEMO February 11, 2005 Page 2 Human Rights Commission January 6, 2005 meeting........................................................ Page 68 Elm Creek Watershed Management Commission January 12 meeting .............................. Page 71 Correspondence Notice to residents of a request for site plan amendment and variance forCASCO (2004145)........................................................................................................ Page 76 Notice to residents of a request for minor subdivision for Avery Homes (2005003)............................................................................................................................ Page 77 Notice to residents of a request for variance for Skyline Design, Inc. (2005006) .............. Page 78 YOUTH ADVISORY COUNCIL February 14, 2005 6:45 PM COUNCIL CHAMBERS Time Allotment 1. Approvals: 6:45-6:50 a) Agenda b) January 24 and 31 meeting minutes 2. Special Items and Guest Speakers: a) 3. COMMITTEE UPDATES: 6:50-7:20 a) Youth Service Awards Committee b) Youth Leadership/Youth Town Forum Committee c) Intergenerational Committee d) Ad hoc Web planning Committee 4. Future agenda items 7:20-7:25 a) b) 5. Adjournment 7:25 6. Additional Materials: a) February, March, April, and May 2005 Official City Meeting Calendars NEXT ME:ET:ING: MONDAY, FEBRUARY 28,6:45 PM! PLANNING COMMISSION AGENDA WEDNESDAY, FEBRUARY 16, 2005 • 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 February 2, 2005 Planning Commission Meeting Minutes. B. CASCO. Approve site plan amendment and variance to allow expansion of the garden center at Home Depot, 1705 Annapolis Lane North. (2004145) C. Avery Homes. Approve minor subdivision to subdivide one property into two parcels and variances for lot area and width for property located at 9920 -28th Avenue North. (2005003) (This item has been postponed.) D. Skyline Design, Inc. Approve variance to increase the impervious surface coverage from 49% to 51% to allow construction of a 308 square foot addition for property located at 1044 Yuma Lane North. (2005006) 6. NEW BUSINESS 7. ADJOURNMENT 4 AGENDA MEETING PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY THURSDAY, FEBRUARY 17, 2005 - 7:00 p.m. WHERE: Council Chambers City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine by the Housing and Redevelopment Authority 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. CONSENT AGENDA A. Approve HRA Meeting Minutes from January 20, 2005 B. Plymouth Towne Square. Accept Monthly Housing Reports C. New Senior Project. Approve Purchase Agreement D. New Senior Project. Approve Development and Pledge Agreements E. Approve the Section 8 Management Assessment Program (SEMAP) Certification Submission 3. PUBLIC HEARING A. Community Development Block Grant. Consider 2005 Action Plan B. Housing Revenue Bonds. Consider bond issuance of $9,915,000 and set the date of sale for a 95 unit apartment project 4. NEW BUSINESS 5. ADJOURNMENT 15 OFFICIAL CITY MEETINGS February 2005 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 7:00 PM HUMAN 2:00 PM -7:00 RIGHTS PM FIRE & ICE A COMMISSION - FESTIVAL, Medicine Lake Parkers Lake Room 6 7 8 9 10 11 12 5:30 PM SPECIAL CITY COUNCIL MEETING: DISCUSS DRAFT POND MAINTENANCE IMPLEMENTATION; Council Chambers 5:30 PM PUBLIC HEARING ON NO -WAKE ORDINANCE, C. -cd Chambers 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE 7:00 PM PARK & REC ADVISORY COMMISSION (PRAC), Council Chambers , (EQC), Council Chambers 7:00 PM REGULAR COUNCIL MEETING, Council Chambers ASH WEDNESDAY 13 14 15 16 17 18 19 6:45 PM YOUTH ADVISORY COUNCIL, Council 7:00 PM PLANNING COMMISSION, 7:00 PM HOUSING & REDEVELOPMENT AUTHORITY (HRA), Council Chambers Chambers Council Chambers 20 21 22 23 24 25 26 PRESIDENTS DAY - City Offices Closed 7:00 PM REGULAR COUNCIL MEETING, Council 7:00 PM PLYMOUTH ADVISORY COMMITTEE ON 7:30 AM -9:00 AM MLC BREAREGIOTNAL PIymouth Radisson Hotel & Conference Center 9:00 AM SPECIAL COUNCIL MEETING - SET 2005 GOALS & Chambers TRANSIT (PACT) - PRIORITIES; Medicine Lake Plymouth Creek Room Center 27 28 Mar 2005 Jan 2005 6:45 PM YOUTH ADVISORY COUNCIL, Council S M T W T F S S M T W T F S 1 2 3 4 5 1 Chambers 2 3 4 5 6 7 8 6 7 8 9 10 11 12 9 10 11 12 13 14 15 13 14 15 16 17 18 19 16 17 18 19 20 21 22 20 21 22 23 24 25 26 23 24 25 26 27 28 29 27 28 29 30 31 30 31 modified on 2/10/2005 a OFFICIAL CITY MEETINGS March 2005 Sunday I Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 Feb 2005 S M T W T F S APLANNI 7:00 PM CHARTER COMMISSION MEETING, Lunch Room 1 2 3 4 5 G 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7:00 PM HUMAN RIGHTS COMMISSION - Medicine Lake Room 6 7 8 9 10 11 12 5:00 PM SPECIAL COUNCIL MEETING: DOWNTOWN& OTHER DEVELOPMENT ISSUES: Lunchroom 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE (EQC), Council Chambers 7 :00PM PARK & REC ADVISORY COMMISSION (PRAC), Council Chambers 7:00 PM REGULAR COUNCIL MEETING, Council Chambers 13 14 15 16 17 18 19 6:00 PM YOUTH LEADERSHIP FORUM, Plymouth Creek Center 7:00 PM LANNING MMISSION, :CouncilChambers 7:00 PM HOUSING & REDEVELOPMENT AUTHORITY (HRA), Medicine Lake Room 20 21 22 23 24 25 26 PALM SUNDAY 7:00 PM Good Friday 11:45 AM PLYMOUTH PLYMOUTH BUSINESS COUNCIL, Sheraton Minneapolis West 12201 ADVISORY COMMITTEE ON TRANSIT (PACT) - Medicine Lake Room Ridgedale Drive, Minnetonka 27 EASTER SUNDAY 28 6:45 PM YOUTH ADVISORY COUNCIL, Council 29 7:00 PM REGULAR COUNCIL 30 6:00 PM BOARD & COMMISSION RECOGNITION 31 Apr 2005 S M T W T F S 1 2 Chambers MEETING, Council EVENT - Plymouth 3 4 5 6 7 8 9 Chambers Creek Center 10 11 12 13 14 15 IG 17 18 19 20 21 22 23 24 25 26 27 28 29 30 modified on 2/10/2005 r OFFICIAL CITY MEETINGS April 2005 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 Mar 2005 May 2005 S M T W T F S S M T W T F S 1 2 3 4 5 1 2 3 4 5 6 7 6 7 8 9 10 11 12 8 9 10 11 12 13 14 13 14 15 16 17 18 19 15 16 17 18 19 20 21 20 21 22 23 24 25 26 22 23 24 25 26 27 28 27 28 29 30 31 29 30 31 3 4 5 6 7 8 9 DAYLIGHT SAVINGS 7:00 PM BOARD OF EQUALIZATION, Council chambers 7;00 PM PLANNING 7:00 PM HUMAN RIGHTS COMMENCES - set clocks ahead 1 hour SPECIAL CITY COUNCIL MEETING (Immediately folbvmg ad. of Eq..Uaeon): CITY MANAGER QUARTERLY UPDATE, Council Chambers COMMISSION, Council Chambers COMMISSION - Medicine Lake Room 10 11 12 13 14 15 16 6:45 PM YOUTH ADVISORY COUNCIL, Council Chambers 7:00 PM REGULAR COUNCIL MEETING, Council 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE (EQc), Council chambers 7:00 PM PARK & REC ADVISORY COMMISSION (PRAC), Council Chambers Chambers 17 18 19 20 21 22 23 8:00 AM -1:00 PM HUMAN RIGHTS COMMISSION STUDENT WORKSHOP, Plymouth Ice Center 7:00 PM PLANNING COMMISSION, Council Chambers 7:00 PM HOUSING& REDEVELOPMENT AUTHORITY (HRA), Medicine Lake Room 9:00 AM CITY AUCTION, City Maintenance Garage, 1490023rd Avenue PASSOVER 7:00 PM BOARD OF EQUALIZATION (RECONVENED), Council Chambers BEGINS AT SUNSET 24 25 26 27 28 29 30 6:45 PM YOUTH ADVISORY COUNCIL, Council 6:00 PM YOUTH SERVICEAWARDS, Council Chambers 7:00 PM PLYMOUTH ADVISORY Chambers COMMITTEE ON TRANSIT (PACT) - Medicine Lake Room 7:00 PM REGULAR COUNCIL MEETING, Council Chambers modified on 2/10/2005 Tentative Schedule for City Council Agenda Items February 22, Regular, 7:00 p.m., Council Chambers • Announcement of Wayzata School District's "Putting Family First Day" on March 7 • Receive 2004 unaudited financial reports and approve transfers • Consider recommendation from Environmental Quality Committee regarding E-85 vehicles • Consider change in Liquor License condition regarding signage requested by West Medicine Lake Community Club • Approve conditional use permit to allow indoor commercial recreation in the I-1, Light Industrial Zoning District for property located at 3500 Holly Lane North. Marvel, LLC D/B/A Pump It Up Parties. (2004150) • Approve conditional use permit amendment to allow outdoor storage of trailers and an 8 - foot fence for property located at 1770 Fernbrook Lane North. Wagner Spray Tech Corp. (2004153) • Accept Planning Commission and PACT's 2004 Annual Reports and 2005 Annual Work Plans • Approve Assessment Agreement and Pledge Agreement for HRA TIF Redevelopment District 1-1 • Hearing on the sale and issuance of Housing Revenue Bonds for the Plymouth HRA in the amount of $9,915,000 • Consider Zoning Amendments to allow Religious Institutions in the Industrial Districts. City of Plymouth. (2004151) • Consider proposal for design and construction architecture and engineering services and authorize the preparation of plans and specifications for Transit Station at Highway 55 and County Road 73 (postponed from February 8) • Accept Feasibility Report on 2005 Street Reconstruction Projects • Award Bid for Public Safety building furniture February 26 (Saturday), Special, 9:00 a.m., Fireside Room at Plymouth Creek Center • Set Council Goals and Priorities March 8, Special, 5:00 p.m., Lunch Room • Discuss City Center concept, parking, Downtown Council, and signage issues • Discuss development/redevelopment process • Set Future Study Sessions March 8, Regular, 7:00 p.m., Council Chambers • Hearing on issuance and sale of G.O. TIF Revenue Bonds, Series 2005A, for HRA TIF Redevelopment District 1 • Hearing on 2004 Weed eradication and destruction, Roll 2 • Hearing on 2004 removal and destruction of diseased trees, Roll 2 1►T ..4... C��__�_7 l7T__L!___ L___!__ 1_ ____ 1_ _ ___ _. _� 1_ !'� •t •7 .7 • .• • Adopt Pond Maintenance Policy • Award Sale of $1,370,000 GO. Tax Increment Bonds • Hearing on liquor law violation of Dutton's Bar and Grill • Receive Park and Recreation Advisory Commission's Annual Report and Work Plan • Consider proposal from Plymouth Community Foundation relating to Hilde Center Gateway • Approve 2005 Consumption and display licenses March 29, Regular, 7:00 p.m., Council Chambers • Consider Zoning Ordinance text amendment to change allowable uses the C-1 (Convenience Commercial), C-2 (Neighborhood Commercial), and C-4 (Community Commercial) districts. City of Plymouth. (2004057) (Postponed from February 8) • Consider issuance and sale of G.O. Housing Revenue Bonds and affirm the City's G.O. Pledge for the Plymouth HRA Senior Housing Project • Approve 2005 Garbage Hauler licenses MINUTES OF THE ANNUAL MEETING OF THE SUBURBAN RATE AUTHORITY January 19, 2005 Pursuant to due call and notice, the annual meeting of the Suburban Rate Authority was held at the Bloomington City Hall, 1800 W. 98th Street, Bloomington, Minnesota on January 19, 2005 commencing at 6:00 p.m. 1. CALL TO ORDER: Executive Committee Chair, Bruce Nawrocki, called the meeting to order and roll call was taken. 2. ROLL CALL: Bloomington Bob Cockriel Burnsville Marc Mogan Chanhassen Paul Oehme Columbia Heights Bruce Nawrocki Eden Prairie Gene Dietz Jean Johnson Edina John Wallin Golden Valley Jeannine Clancy Maple Plain Gene Couser John Sweeney Minnetonka Desyl Peterson Jeff Dulac Plymouth Dan Faulkner Jim Willis Robbinsdale Richard McCoy Also present were legal counsel for the SRA, Jim Strommen and Bob Vose of Kennedy and Graven. The SRA's special guest was Cheryl Johnson of the accounting firm of Virchow Krause. A quorum of votes was present. 3. PRESENTATION BY CHERYL JOHNSON REGARDING MUNICIPAL VOICE, VIDEO, AND DATA INFRASTRUCTURE: Ms. Johnson was introduced by Mr. Vose. She is a senior consultant for Virchow Krause. VK advises municipalities throughout the country in matters such as technology infrastructure, cable franchising, broadband feasibility and related areas, in addition to providing accounting services. Ms. Johnson noted the new financial challenges facing municipalities and the need to evaluate "connectivity" needs. Her presentation discussed the various voice, data and video technologies that could be considered by cities in their provision of services to residents and business, including those utilitizing internet, wireless and fiber. She noted the significant infrastructure needs that affect upfront cost and identified examples of potential partners with cities to defray costs in any such undertaking. Ms. Johnson distributed brochures with information about Virchow Krause services and urged cities to evaluate their needs and the feasibility of city -owned technology enterprises. 4. APPROVAL OF OCTOBER MEETING MINUTES: Mr. Nawrocki asked if anyone had any corrections to the October meeting minutes that had been distributed after the October 17 meeting. Hearing no amendments, he declared the October meeting minutes approved as presented. 5. REPORT OF OFFICERS. Mr. Wallin reported on the financial condition of the SRA as of December 31, 2004 and distributed a report (available on request). The SRA continues to carry a reserve but is drawing down on that reserve, despite lower fees and expenses in 2004 than in 2003. It was noted that the lower assessments charged cities, effective for three years, is resulting in a reduction of reserves. Mr. Cockriel moved to accept the Treasurer's report. Mr. Dietz seconded the motion, which passed unanimously. 6. COMMUNICATIONS: Mr. Strommen reported that following the October meeting in Oakdale, the Oakdale City Council authorized its membership in the SRA effective January 1, 2005. The SRA Board welcomed Oakdale as a new member, and noted that it was very pleased to have two new members —Oakdale and Chanhassen. 7. ELECTION OF OFFICERS: Mr. Strommen noted that the Chair position was due for rotation after Mr. Nawrocki had completed his second term. Mr. Schwartz of Roseville had also informed the Board that his schedule did not permit him to continue on the Executive Committee. Ms. Clancy nominated Craig Waldron to fill the resulting vacant spot on the Executive Committee. Ms. Peterson seconded the motion which passed unanimously. Ms. Peterson nominated Gene Dietz to serve as Chair, succeeding Mr. Nawrocki. Mr. Cockriel seconded the motion, which passed unanimously. The Board also acknowledged the service of Mr. Nawrocki, who remains on the Executive Committee. The following Executive Committee was elected by acclamation for 2005: Gene Dietz – Chair Bob Cockriel – Vice Chair John Wallin – Treasurer Bruce Nawrocki Diane Deblon Richard McCoy Craig Waldron 8. CENTERPOINT ENERGY RATE CASE. Mr. Strommen reported on a very recent and very favorable development in the CenterPoint Energy rate case, a development that was assisted by the SBA's involvement. A settlement in principle of the major rate case issues was reached earlier in the day of the meeting and is in the process of being finalized for approval by the PUC. The SRA was in the process of preparing testimony strongly opposing a rate "tracker" proposal of CenterPoint Energy based on alleged "required" government relocation of facilities. This proposal would have added a flow-through cost for CenterPoint's infrastructure investments in the range of $10-15 million each year to all ratepayers. It would have been a line item on the bill that would have inevitably been ascribed to government -imposed cost. This would have resulted despite the fact that there has been no appreciable change in government street projects since CenterPoint Energy began its operations and that there are limited situations in which cities (and counties and even MnDot) requires gas utility relocation for public projects. Mr. Strommen reported that he was confident SRA -sponsored witnesses would be able to undercut CenterPoint's premise of this rate request with position taken by city public works directors that rarely is CenterPoint required to remove and relocate facilities it has not expressly chosen to upgrade on its own during the project. Special acknowledgement was given to Tom Mathisen and Carlton Moore, public works directors at Crystal and Mound, respectively, for their willingness to testify on this issue. The SRA was joined in its opposition to this proposal by the Department of Commerce and the Attorney General, but the SRA was the only party in a position to provide testimony questioning the factual premise of this significant rate request. CenterPoint will withdraw its tracker proposal in the settlement. Other important changes in the tentative settlement are a reduction of the $21.8 million rate increase to $9 million; a reduction of the 4.1% increase for residential rate payers to .89%; a reduction of the basic charge increase from $16 to $8; and increases rather than decreases in rates to larger business class customers. SRA counsel will work with the other parties in the rate case to finalize and support this significant settlement. Mr. Strommen noted, however, that the government street project rate tracker is likely to be advocated at the Legislature. To that end, the SRA has already voiced its opposition to such legislation to the Department and CenterPoint Energy. 9. XCEL GAS CASE: Mr. Strommen reported that testimony will be filed in February and March. Xcel's initial petition is for $9 million and a lower rate increase for residential customers, just over 2%. It does not appear that this rate case will have as many disputed issues from an SRA perspective as the CenterPoint Energy case does. 10. CONSTESTED RULEMAKING—PRIVATE LATERAL UTILITY LOCATES: Mr. Strommen has been authorized by the Board to assist the League of Cities in preparation for a contested rulemaking proceeding, scheduled for a public hearing on February 1, 2005, in St. Cloud. At issue are proposed rules by the Minnesota Office of Pipeline Safety seeking to place much greater responsibility on municipalities for locating privately -owned lateral service lines in water and sewer service despite great difficulty in locating these laterals. A problem of punctured gas lines has arisen due to trenchless, directional boring by contractors primarily in the telecommunications industry. The major criticisms of these proposed OPS rules are that no additional certification or standards are being required of excavators and the proposed requirements on municipalities are not workable. These and other issues will be addressed by a team of public works representatives from various municipalities, including Bob Cockriel of Bloomington. The SRA will continue to assist the League in this important rulemaking matter. 10. XCEL PURCHASE OPTION STREET LIGHT SERVICE TERMINATION PETITION: Mr. Vose reported on the developments in Xcel's petition to discontinue the Group V service of street light maintenance. Mr. Vose reported that Xcel has petitioned the PUC to terminate Purchase Option Street Light Service (formerly "Group W). The SRA has intervened and intends to file comments opposing Xcel's petition. The comment deadline is February 11, 2005. Mr. Vose also reported on Xcel's responses to information requests filed by the SRA. Xcel has identified the number of Purchase Option and leased lights in each of the SRA's member cities. Because the information was provided on a confidential trade secret basis, Mr. Vose will email each member's light count directly to the affected city. Mr. Vose reported on a recent conference call with Xcel representatives. The issues that emerged from this call include: -- Xcel's petition is intended to address alleged complaints by developers that Xcel's charges for installation of decorative street lighting under the Purchase Option are higher than is available through private contractors. It is unclear why Xcel would insert itself in an issue between cities and developers. -- If the petition is granted, Xcel's street lighting maintenance charges will become unregulated and will likely increase. -- If the petition is granted, Xcel will no longer install decorative lighting systems. Private contractors may be less available to install such lighting systems and may provide maintenance services of a lower quality and reliability. The SRA's comments will focus on these issues. If members would like to raise additional or different issues, please call Bob Vose at (612) 337-9275. 11. TELECOMMUNICATIONS — QWEST AFOR EXTENSION. Mr. Strommen reported that the SRA was invited to participate in a process whereby Qwest sought an extension to its alternative form of regulation (AFOR). An unusual and probably unconstitutional legislative provision would have allowed a potentially significant change in Qwest regulation with the approval of only the Office of the Attorney General and the Department of Commerce. Under the legislation, agreement needed to be completed by December 31, 2004. When the SRA heard the Qwest proposal, presented at a meeting in late December, it submitted its objections along with other parties. No agreement was reached, and the current AFOR continues. Qwest's President, John Stanoch, was present at the meeting and noted the improved communications between SRA cities and Qwest regarding DSL services. He expressed his desire to continue an exchange of information and possible additional DSL investment. Mr. Strommen reported that he anticipates legislation to be proposed that will further attempt to deregulate Qwest service to residential customers. 12. UTILITY RELOCATION DELAY AND POLICY MEMO: Mr. Strommen noted the Board's previous direction to him to prepare a memorandum on the issue of utility refusal to relocate in non -motor vehicle traveled portions of city right-of-way and public land. He noted the memo distributed in November and urged public works staff to review it in preparation for anticipated relocation delays next construction season. In 13. LOCATION OF NEXT MEETING: The April meeting will be held at the new Edina City Hall on April 20, 2005, starting at 6:00 p.m. 14. CLAIMS: Two claims were submitted by the following: Kennedy & Graven for $24,875.18 and MEMO Enterprises for $300. Ms. Peterson moved to authorize payment of the claims. Mr. Cockriel seconded the motion, and it passed unanimously. 15. ADJOURNMENT. The meeting adjourned at 8:30 p.m. Attest: /I Chairman Secretary JAMES M. STROMMEN Attomey at Law Direct Dial (612) 337-9233 Email: ismmimen(i l.cn-tnedv-k7aven.com Memo #3 MEMORANDUM TO: SRA City Managers/Administrators/Directors/Altemates FROM: James M. Strommen DATE: January 5, 2005 RE: CenterPoint Energy Rate Case Report At the July 2004 quarterly meeting, the Board authorized counsel to effectuate the SRA's intervention in the CenterPoint Energy Minnegasco (now CenterPoint) rate increase petition. The case is scheduled for evidentiary hearings beginning January 25, 2005. Public hearings have been held and an additional public hearing will be held on January 12, 2005, in the Phillips neighborhood in Minneapolis. The SRA supported this additional public hearing and counsel plans to attend because of the number of low and fixed income residential ratepayers expected to be at this public hearing. We have been in contact with the Department of Commerce and Office of Attorney General regarding issues and positions taken. It appears that the issues of interest and important to SRA cities and their ratepayers will also be supported by the state agencies. Testimony has been submitted, and the important issues include: Opposing the governmental utility relocation tracking account that CenterPoint has proposed. This changes rate making significantly to flow through all relocation costs rather than receiving a fixed expense that will give CenterPoint a better incentive to keep its costs down. 2. Opposing the 4.1% increase in rates to residential and small business customers while other classes receive little or no increase. 3. Oppose a $1 million marketing expense sought as a ratepayer expense for providing incentives to builders to put in CenterPoint gas heaters. 4. Oppose the increase in basic charge from $5 to $16 in residential fixed costs. This increase, however, does not result in a net increase in rates, but rather a shift from energy and delivery charge to basic charge. This issue is still under review and will be extensively explored in the rate case. The SRA will continue its active participation in this rate case. JAMES M. STROMMEN Attomey at law Direct Dial (612) 337-9233 Email: jstrommen@kennedy-graven.com Memo #5 MEMORANDUM TO: SRA City Managers/Administrators/Directors/Alternates FROM: James M. Strommen DATE: January 7, 2005 RE: Contested Rulemaking/Office of Pipeline Safety Lateral Utility Locate Proposals The Minnesota Office of Pipeline Safety (OPS) has proposed new rules, applicable to cities operating any utility, regarding the location of privately -owned lateral facilities in water, sewer, and other utilities located within the right-of-way. This issue has been debated within a task force involving numerous representatives from contractor associations, utilities, and city public works, as well as MnDOT and other agencies: There is a lack of consensus on the solution to the acknowledged problem of cutting and piercing of gas and other utility lines because of trenchless, horizontal drilling to place utility lines. The proposed rules are contested by the SRA and numerous other municipal groups. At issue, among other things, is the requirement for location of water and sewer privately -owned laterals within the right-of-way without the technology adequate for accurate location. These rules are regarded by municipal people as a misguided attempt to resolve a problem, which ignore standards for excavators as they pursue the more dangerous but inexpensive directional boring as a standard means of laying cable and pipe. On February 1, 2005, a hearing will be held before an administrative law judge in St. Cloud. Because of the SBA's interest and authorization, counsel has been involved with meetings at the League of Minnesota Cities and intends to attend and participate in the February 1 hearing. There will be follow-up comments to the ALJ, who will report to the Department of Public Safety. At the annual meeting, there will be an opportunity to discuss further preparation for the February 1, hearing. ,'t Robert J. V. Vose Attorney at Law Direct Dial (612) 337-9275 Email: rvose@kennedy-graven.com Memo #6 MEMORANDUM TO: SRA City Managers/Administrators/Directors/Alternates FROM: Robert J. Vose DATE: January 7, 2005 RE: Xcel Street Light Service Termination Petition At the October 2004 quarterly meeting, several members expressed concern about Xcel's plan to petition the PUC to terminate Purchase Option Street Light Service (formerly "Group V"). As explained in our memo to SRA members dated December 13, 2004, Xcel has since filed its petition and the SRA has intervened. At the request of the Department of Commerce, the comment deadline has been extended for a second time to February 11, 2005, with replies due on February 22, 2005. We recently met separately with PUC staff and Xcel representatives to discuss the proceeding. We also filed written information requests with Xcel. The following issues have emerged: 1. Developers complain that Xcel's charges for installation of decorative street lighting under the Purchase Option are higher than is available through private contractors due to a tax liability unique to Xcel. Xcel claims that its petition is intended to address this complaint and placate developers. It is unclear why Xcel would insert itself in an issue that is essentially between cities and developers. 2. Xcel acknowledges that the market rate for street lighting maintenance service is likely to be higher than the regulated rate under the Purchase Option program; i.e. Xcel's maintenance rates are likely to increase if the Purchase Option is terminated. Xcel installs/offers decorative lighting systems under the Purchase Option program. If terminated, decorative lighting systems will only be available from private contractors. Some cities prefer to have Xcel install and maintain such lighting systems because of Xcel's consistency and reliability. Xcel acknowledges that in an unregulated, competitive market, private contractors may be less readily available to install such lighting systems and may provide maintenance services of a lower quality and JMS-242213v1 SU 160-3 reliability. This is significant since street lighting is a fundamental part of the public safety infrastructure. 4. Xcel acknowledges that if the Purchase Option is terminated, cities will need to competitively bid the purchase of decorative lighting systems (unless the lighting is developer -installed). Some cities prefer to have Xcel install lighting systems for this reason. JMS-233548v I SU 160-3 Xcel acknowledges that some communities may not recognize that street lighting systems installed under the Purchase Option will begin reaching the end of their 25 - year useful life (beginning around 2010) and will need to be replaced at the community's expense. Xcel has offered to provide notification to communities several years prior to the end of the useful life of these systems. I JAMES M. STROMMEN Attorney at Law Direct Dial (612) 337-9233 Email: jstrommen@kennedy-graven.com Memo #8 MEMORANDUM TO: SRA City Managers/Administrators/Directors/Alternates FROM: James M. Strommen DATE: January 7, 2005 RE: Utility Relocation Delay and Policy Issues Attached is the memorandum previously distributed to SRA member cities regarding the issue identified at the October meeting on utility relocation and payment for those locations under different circumstances. This memo is intended for use by public works staff to counter positions taken by utilities that may not be consistent with the law and is intended to place pressure on cities undertaking public works projects where utilities must relocate in ROW areas not within the motor vehicle traveled portion of the right-of-way. JMS-233548vl SU 160-3 , j, B CHARTERED 470 US Bank Plaza 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-gaven.com MEMORANDUM TO: Public Works Departments, SRA Cities FROM: James M. Strommen, General Counsel DATE: November 24, 2004 RE: City Relocation Authority over Utility Facilities for Sidewalk or Other Non -Motor Vehicle Area Relocations Several Metro Area cities have reported that certain utilities are taking the position that utility relocation in non -motor vehicle traffic areas of public property require city reimbursement of the utility prior to relocation. When this "pay -us -first -then -we'll -relocate" position is taken, it causes difficulties for city staff who need to move the project along without delay. Such a position is contrary to law, absent a property right of the utility or special federal project. The following memorandum addresses the major principles applicable to relocation of utilty facilities in the right-of-way ("ROW") and non right-of-way public property ("Non -ROW"). These legal "bullets" may be helpful to city public works staff faced with a hard-line position taken by utilities. For purposes of this memorandum, "utilities" include the gas, electric and telecommunications/cable companies commonly found in ROW. The areas in contention appear to include 1) sidewalks, bicycle lanes, "cartways" and "utility easements of local government units" (however acquired, e.g. platted or other form of dedication, grant, or eminent domain), all included in the Minnesota Statutes definition of ROW as it relates to utilities; or 2) nature trails, parkland, and other public property not included in ROW definitions (Non -ROW) but where the utility may have facilities by permit. The premise of certain utilities apparently is that only motor vehicle traffic interference, or some other direct interference of its facilities with the construction triggers the requirement to relocate "promptly" and at the utility's own expense. All other relocations, they argue, are for the convenience of the city and should involve reimbursement of the utility by the JMS-233548v1 SU160-3 city. That is not the law and city staff should be aware of when the utility is wrong or takes a questionable position on relocation. Following are well-established laws or strong arguments on the part of a city: 1. The public's right to use ROW and Non -ROW is superior to that of the utility. The utility must relocate at its own expense when the city requires as part of a public improvement project, unless: a. The utility owns an easement or other property right rather than placement by permit or franchise only, or b. The relocation is not part of a public improvement project and is incidental to it and solely for the convenience of the city, or c. It is a federal or state project where USDOT or MNDOT reimburses the utility (often with interstate highways and sometimes with state trunk highways controlled by MNDOT), or d. The facilities involve electric generation or transmission functions, in which a state or federal agency preempts city regulation, or e. A negotiated city -utility franchise term provides otherwise. Authority: Minn. Stat. §§161.45; 216B.36; 237.162 and .163; 300.03; Minn. Rule Part 7819.3100; New Orleans Gaslight Company v. Drainage Commission of New Orleans, 197 U.S. 453, 25 S. Ct. 471, 49 L. Ed. 831 (1905); Northern States Power v. City of Oakdale, 588 N.W. 2d 534 (Minn. Ct. App. 1998); Bristol Tennessee Housing Authority v. Bristol Gas Corp., 407 S.W. 2d 681 (Tenn. 1966); Bybee v. City of Minneapolis 292 N.W. 417 (Minn. 1940). 2. Cities have greater discretion in Non -ROW than ROW in regulating utility location because utilities have no right under state law to be in Non -ROW. Generally, cities can grant or deny utilities the right to be in Non -ROW (parks, nature trails etc.). In contrast, state law gives utilities the right to be in ROW, subject to city regulation. Authority: Minn. Stat. §§ 216B.36, 237.162, subd. 3, and 300.03. 3. A position by the utility that acknowledges the city's right to require relocation but requires reimbursement prior to relocation is contrary to Minnesota law. The proper exercise of city police power carries with it the right to require utility relocation without JMS-233548vl SU160-3 delay and at the utility's expense. The city may choose to reimburse a utility or the utility may have the right to recover certain types of costs from ratepayers (see 7 below). But relocation required pursuant to city police power, typically in a public improvement project, is a right that exists without expense to the taxpayer. Further, benefit to a private entity through a public improvement project does not negate the city's police power and thus its right to require utility relocation. Authority: NSP v. City of Oakdale; Minn. R. 7819.3100. 4. The "interference" issue in relocation disagreements should be resolved in favor of the city's right to require the relocation. The utility may argue that there is no "interference" unless the utility facility is directly in the way of some public improvement such as a water or sewer line. This should not be the test. A street widening public improvement project or other park or trail project can include a utility relocation that is a part of the necessary work of the project. The fact that there is no direct interference with some other city utility or other object should not limit the city's right to require relocation. The public interest is superior and broadly allows relocation to promote health, safety, and general welfare. That is not limited to matters of motor vehicle traffic or physical interference with other objects. Because the level of interference necessary to trigger relocation has not been decided in Minnesota, this could be an area in which the utility objects. Authority: NSP v. City of Oakdale; supra; Northwestern Tel. Exch. Co. v. City of Minneapolis, 86 N.W. 69, 74-75 (Minn. 1901) (on authority and limits of police power in streets); see also, Northwestern Tel. Exch. Co. v. City of Minneapolis, 83 N.W. 527, 530 (Minn. 1900); but see Minn. Rule. 7819.3100 re: health and safety v. "general welfare." 5. Any utility assertion that the issue of reimbursement must be resolved prior to any relocation is contrary to Minnesota law. Any dispute over reimbursement obligations should be deferred under the law until the relocation is completed. Generally, a public improvement project should take precedence over issues of payment responsibility. Authority: Xcel Tariff Gen. Rules §5.3 E.3.d.; Rockville Township v. Lang, 387 N.W.2d 200 (Minn Ct. App. 1986); Northern States Power v. Federal Transit Administration, 2001 WL1618532. (May 24, 2001) 6. If a utility refuses to relocate because of a dispute regarding cost, be it reimbursement rights or amount, the city has a court remedy. A city may bring an action for injunctive relief in the district court in which the city is located. It would seek an order requiring the utility to relocate immediately to avoid delay in the project work. The issue of cost reimbursement or other cost recovery issues should not delay the public project. The city is in its best position to prevail on an injunction action if it has an ordinance requiring prompt relocation of utility facilities in a public improvement project. JMS-233548v1 SU 160-3 Authority: Minn. R. 7819.3100, NSP v. FTA, supra; Rockville Township, supra 7. Cities should not characterize a utility relocation to underground in the non -motor vehicle public areas (nature trails, sidewalk areas) as purely for aesthetics. Minnesota law has not yet recognized aesthetics, standing alone, as a police power basis for government acts. Aesthetics may be a part of the rationale for a legitimate police power action. In fact, undergrounding may have aesthetic purposes but removal of obstructions for pedestrian safety is always a legitimate police power basis and should be identified as a reason for the required relocation to underground. Authority: NSP v. City of Oakdale, supra. 8. Xcel may indicate that a city -required relocation involves a "Special Facility." (No other utility has this tariff provision). Special Facility is a tariff designation by Xcel for a facility that would not otherwise be needed but for the city's directive. The most typical Special Facility designation is moving overhead distribution line facilities to underground. In that case, Xcel is typically entitled to recover its excess cost for the relocation. To establish the excess cost Xcel must determine what it would have cost for a "standard facility", and then subtract that cost from the cost of a Special Facility. A standard facility is what Xcel, in its normal course of business, would need to provide safe and reliable service to its customers at the new location, e.g., relocation of overhead lines to another overhead location. Requiring a "Special Facility" does not change the reimbursement rule stated above. A City need not reimburse Xcel for a Special Facility. Xcel must relocate in the same "prompt" manner if it is in connection with a public improvement project. Xcel's right to recover the excess costs for the Special Facility is handled through a Public Utilities Commission proceeding or an automatic surcharge tariff. The city is entitled to cost estimates and full notices of the proposed costs to be surcharged on city ratepayers. Authority: Xcel Tariff §5.3; Minn. Rules 7819.3100. 9. A city may challenge a designation by Xcel of a "Special Facility." If the city is able to maintain that the "Special Facility" is the only reasonable facility to use under the circumstances, then the relocation could possibly be given "standard facility" designation by the PUC. If the standard facility designation were upheld, there would be no surcharge to city ratepayers. The cost would be absorbed by Xcel as a general operating cost under its tariffed rates. This is an appeal process available to cities before the PUC. It has never been attempted. The possible context in which a city might challenge "Special Facility" is in a downtown area undergrounding or special relocation where a safety hazard has been demonstrated. The argument would be that underground or other Special Facilities, should be standard facilities because of the greater public good served. Authority: Xcel Tariff 5.3E.3. JMS-233548v1 SU 160-3 � ;� X005 Calendar of Events - Parks and Recreation Dates/Time Event Coordinator Maintenance & Notes Location Sat, Jan 22 Ice Fishing Contest - Viking Medicine Lake Council, Boy Scouts Sat, Jan 22 Ice Fishing Contest - Ice Medicine Lake Series Fri, Feb 4 Little Sweetheart Ball Cindy Plymouth Creek Center Sat, Feb 5 Fire & Ice Festival Karol Plymouth Creek Center Sat, April 9 Yard & Garden Expo Diane Fieldhouse F/Sa/M/T Plymouth Creek April 15, 16, Primavera Karol Center 18, 19 Sat/Sun Early Bird Softball Dan Elm Creek Playfield A i 23-24 Tournament HATS OFF TO PLYMOUTH CREEK CENTER - 5T" ANNIVERSARY CELEBRATION, MAY 2 - 5 Mon, May 2 5 thAnniversary Luncheon Sara Plymouth Creek with Golden Strings Center Plymouth Creek Tue, May 3 Wine Tasting Sara Center Wed, May 4 High Tea with Monica Sara Plymouth Creek Lewis Center Plymouth Creek Thu, May 5 Pork Chop Dinner Sara Center Sat, May 7 PNHLL Jamboree Dan Zachary Playfield Thu/Fri History Fest School Days Mark/Diane Parkers Lake Park May 12-13 Sat, May 14 History Fest Mark/Diane Parkers Lake Park Sat, May 14 Baseball Opening Day Dan All fields Sat, May 14 PNHLL Jamboree Dan Zachary Playfield Thu, May 19 Chocolate Sampler Karol Plymouth Creek Center Fri/Sat/Sun Wings Soccer Tournament Dan All fields May 20-22 Sat/Sun Plymouth/Wayzata Softball Dan Elm Creek Playfield May 21-22 Tournament 4th Annual Run for Success Eric East Medicine Lake (Sue Donkersgoed) Park Fri, June 10 Summer Teen Training Nancy Plymouth Creek Center. Fri -Sat. June Relay for Life Diane Hilde Performance 10-11 American Cancer Soc. Center Fri/Sat/Sun Plymouth/Wayzata Baseball Dan Elm Creek and June 10-12 Tournament Greenwood pApublimorks\park-rec maintenance\2005 calendar of events.doc „ F) Revised 02/09/05 2005 Calendar of Events - Parks and Recreation Fri/Sat/Sun Wayzata Soccer Dan All Fields June 24-26 Tournament Sat, June 25 Music in Plymouth Civic League Plymouth Creek Park Fun Run Hilde Performance Wed, July 6 Music in Plymouth Civic League Center and Amphitheater Fri/Sat/Sun Plymouth/Wayzata Baseball Dan Parkers Lake and July 8-10 Tournament Oakwood F/Sa/S/M/T/W/ Soccer Districts Dan Various fields Th/F, Jul 8-15 Sat/Sun Plymouth/Wayzata Softball Dan Elm Creek Playfield Jul 16-17 Tournament Fri/Sat/Sun Plymouth/Wayzata Baseball Dan Elm Creek Playfield July 22-24 Tournament Sat/Sun Aug 6-7 or Adult Softball Tournament Dan Elm Creek Playfield Aug 13-14 Plymouth Creek Thu, Aug 18 Pie Day & Craft Sale Sara Center MRPA/USSSA Class E Dan Elm Creek Playfield State Softball Tourn. Sat, Sept 24 Autumn Art Fair Karol Parkers Lake Park Sat, Sept 24 Plymouth on Parade Karol Downtown Plymouth Sat, Sept 24 Pancake Breakfast Sara Plymouth Creek Center Late fall Volunteer Recognition Nancy Plymouth Creek Dinner Center Sun, Dec 3 Old Fashioned Christmas Diane Plymouth Creek Park Plymouth Winter Cup Dan Fieldhouse Soccer Tournament Fri, Dec 31 New Year's Eve Event Regina Ice Center LifeTime Fitness pApublicworks\park-rec maintenance\2005 calendar of events.doc Revised 02/09/05 startribune.com Last update: February 5, 2005 at 2:48 PM Bill to add medians introduced in House Published February 9, 2005 Close window THE LATEST: The Minnesota Department of Transportation (MnDOT) issued new information that could affect the push to add barriers down the medians of portions of Interstate Hwy. 494 and Hwy. 169. Also, a bill directing the state to build the barriers, already being pushed in the Minnesota Senate, was introduced in the Minnesota House. THE BARRIERS: The City of Plymouth, led by Police Chief Mike Goldstein, says barriers on I-494 and Hwy. 169 would save lives by preventing vehicles from crossing the median and driving into oncoming traffic. The median would be installed on I494 from I-394 to Bass Lake Road and on Hwy. 169 from Medicine Lake Road to Bass Lake Road, the city says. From 1993 to 2003, there were 17 crossover crashes that resulted in death or life-threatening injuries along the roads. THE COST: Plymouth legislators want the state to spend $1 million to build the barriers. One relatively inexpensive way to prevent crossover crashes is to build a cable barrier. The state has experimented with cable barriers along 11 miles of I-94 in Maple Grove. The Minnesota Department of Transportation recently studied the costs of that barrier compared to more traditional concrete barriers. DOWNSIDE: The downside of cable barriers in Maple Grove has been that the barriers, installed last year, require frequent maintenance. From October through January, the state spent $47,000 repairing damage from vehicles that hit the barrier, MnDOT says. UPSIDE: The advantage of the barrier is that it costs less to install initially. It cost about $1 million to install the cable barrier in Maple Grove, but a concrete barrier would have cost more than $7.25 million. LEGISLATION: Earlier, Sen. David Gaither, R -Plymouth, and Sen. Ann Rest, DFL -New Hope, who both represent Plymouth, introduced a bill to build the medians on I-494 and Hwy. 169. Now, some Minnesota House members have agreed to push for the bill. A House version of the bill was introduced Jan. 27 by reps. Jeff Johnson, R -Plymouth, Sandra Peterson, DFL -New Hope, Jim Abeler, R -Anoka, Ron Abrams, R -Minnetonka, and Steve Smith, R -Mound. Ben Steverm an © Copyright 2005 Star Tribune. All rights reserved. startribune.com Close window Last update: February 7, 2005 at 11:55 AM A model Internet system? Ben Steverman Star Tribune Published February 9, 2005 Chaska is being closely watched as it experiments with a way to provide its residents fast, inexpensive Internet access over hundreds of wireless transmitters scattered throughout the city. West -suburban cities such as St. Louis Park and Eden Prairie are deciding whether to follow Chaska's lead, but other municipal Internet services could be delayed by concerns about costs and the quick pace of technological change. After some early problems since it was first offered last summer, Chaska's service has signed up more than 2,000 households -- about a quarter of the city. The service costs $16 per month. Compare that rate to the cost of fast Internet connections through telephone and cable companies -- typically about $45 per month for similarly fast service. Chaska spent about $600,000 to set up the network, which relies on more than 200 transmitters placed on utility poles throughout the city. Transmitters on the poles communicate with transmitters in customers' houses or attached to their laptop computers, giving residents connections that are much faster than what dial-up modems provide. A customer with a laptop computer can use a password to log on to the network anywhere in Chaska. Chaska can afford to offer the Internet service so inexpensively because of several unusual factors, City Manager Dave Pokorney said. First, the city already operated its own electric utility company, and that made the wireless Internet system relatively easy and inexpensive to deploy. Employees of the existing utility company installed most of the more than 200 utility pole transmitters, which cost about $2,200 each. Connecting to the network from a home PC or laptop also requires equipment be added to each computer, and that costs the city another $50 to $80 per customer. Because the city runs its own electric utility, it also owns the utility poles. Most other cities would have to get permission from Xcel Energy or another company to set up the transmitters, Pokorney said. Finally, Chaska already had a lot of the necessary Internet infrastructure to handle the service, since it had been offering wired Internet service to schools and businesses for several years. The city would have had to pay an extra $300,000 to $400,000 to build that infrastructure from scratch. With more than 2,000 customers, Chaska's startup costs should be paid back in just a few years. Strong response At first, the city had more customers than it could handle. It's only now making an effort to market and advertise the service. For Chaska, Pokorney said, making fast Internet connections available to most Chaska residents was a "quality of life issue." The additional speed makes the Internet a much more powerful tool, he said. The cities of Tonka Bay, Minnetonka, Eden Prairie and St. Louis Park have all spent at least some time discussing whether to follow Chaska's lead. The Eden Prairie City Council discussed the idea last week, but it's unlikely that wireless Internet will come to the city anytime soon. According to city employee Michael Barone, who studied the issue and provided city officials with background information, council members during an informal work session said that there were plenty of private -sector options available for Eden Prairie residents seeking Internet service. Also, city officials worried that current wireless technology could soon be bypassed by faster technology expected to become available in the next few years. That technology, called "WiMax," works at a longer range -- up to 30 miles -- and could be several times faster than existing wireless connections, meaning it could be capable of carrying video over the Internet. Chaska is aware of new technologies coming down the road, but the city isn't worried, Pokorney said, because they won't arrive until after the city has paid off its initial investment. At that time, the city could afford to upgrade its system, he said. "If we're waiting for the next level of technology, we'll always wait," he said. City territory? In a few weeks, the St. Louis Park City Council will decide whether to hire a consultant to seriously study its options, said Clint Pires, the city's director of technology and support services. "One of the big policy issues is, 'Is this the right business for cities to be in?' " Pires said. Adam Thierer, director of telecommunication studies at the libertarian Cato Institute in Washington, thinks not. "Government and 'cutting edge' don't usually belong in the same sentence," said Thierer, who has studied municipal Internet services in other cities. Governments such as Chaska's are investing in technology that could soon be obsolete, he said. He argued that if cities let private enterprise provide Internet service, competition will eventually push prices down and improve service. But for now, Chaska residents including Candace Lundgren, who works from home over the Internet, say they love the new service. Her Internet connection is much faster now, and the wireless system lets her work from anywhere, including her deck or screen porch. It's been "nothing but positive," she said. Ben Steverman is at bsteverinan(a_)Wartribune. coin. 0 Copyright 2005 Star Tribune. All rights reserved. Vobruary 10., ZOO$- Dear 9,esidqAJ,Pr;)pCrt,y .0 Aid.. High '24 1 CS 24 .11 . ,:,( .M )1��m 0 Lane"td Jewel Lane. The purpose o. o Y014.1npqrto Au , -ther discuss the project proposalvith ptuni� HerinelZiia re,presentatives. The project waspreviously: displayed ,as:part of%the,: S) 1rhe,,CSAHIQl,/CSAH.24 presented'10.AwCity; C6=011 for, approval considerotiop: in Jupp:.2005. Sp00"Acs-cfthe mfg. as foiktws )P#W west on TH55 to AftG* eadDrite (W.M44i AnqAWDX00 ft, approximatelyright500 feet, dn'PrairieJAWo ..,ft,ap_! ,imAtpIy.,50Q$*etJ ftJptobq pro% ',an at,cessible. 4heility entrance.. tee parking able : d'th din is Additional meetings f during Spfing...20051. ted:CSAH 24 or,Tqsidents will be held d id, Ahfiotpa teem uwtiqn,!0Q,begin $pft2QQ7, following approval ofthe otolim'triar end final designs by the City Council, 'Me met, tiftg,is I d'ormal with a� open agqAO4.a.ndyour v.ipit-,-oanaceto anyfimdu inA meeting hours., If you -are unoblo.. to. attend: -ap0*,;neqtLng;#n 11m.&b��tovta.cftg lift arrange If you, have any,questioM prior to -the ;ncq#ng, please tall me, at 763-745-7655 or-omail to guy,nowlan@oo.hennepih. mn.bs. Sttteerely Nowlan, P.E. Design Projea Manager c: R� Quanbeck, D. Campbell.- City of Plymouth An Equal Opportunity Employer Recyck, Paper 1 Cd 4-1 b 1 11 O OOA �l J In tn [[N (y Ei 7 Wcq O w0 U J Wn � o O � f7 $p'a� 40. U O Octs � O F ty W U lj K'" d o U %h ❑ ea z. I Z Z>+ VW] . Z z vFi > z z P d CD oo 3 ': i II 0TH 0 ? v ogry� O �cd' C � �.. 00 Clq:y al .� .O rl i tV Q7 M r. .C.Ltl" b O ❑''j1 O U ed I� In ' N N N N W y O U O �y+ _° N O 40. of p �'! N b a'✓~j E tl S -O.d W W U6N09 ' 1 .5N�q O ❑ O K O 'y > O GN O rq ` ❑ O N O N .--• Y .o >. I C o O 5 Vl vr4 In tl 0 ��r1 F. ,° Z R [tea S¢c°if I cl 64 � �Op •� ^`y p ^O OCA Up�p .� w 1-O tl0 'R... C 0 y?❑� U N y k1Pyw • %"Y W O NOtc �7 ipd .-- - (te_ vf01 ❑yp qN ,� .r y tl Wl 4"0. 4,1 5 M' a g .N°'..?: v .?? ?' o_ C CC v U. L. 0. ro U •D i 69 i •� Oq O q O op °) ^' O 69 Utl !d b > .� •G F. N �yy� •G b C N A O a� O d [ > C'4 atl�' ` td Yrs I i! 0. �d >�° Fi O 0,.'a b ,qO a y T� p�� 0") .O+ �r N ❑ F 'O `� •� tiN F y�.° o 69r� ani v K v 6s\ O o OFM ZJ+ tlZ.S69 o z o W a S❑ nb o0 clcl W V u H C ��ar�i F _� t7 C pfig d N ol L. u •y V1 o F ❑ F. ,b �, a •u a� '�n w 4)bD a z 1-1 L. N � �i C O O ed � O � p � �,,, tl C o u u a b O �+ v c O 1 �" 2 V) O O m w W �O VC� V �p�p OCCOW,� 0 u 4 M O, ,q M t� T mow�y�,+! O ."q C^ ii.• '•O 'b T.D ' � yG •d C O '{�3 appiy U �� � �j�f C G1 y .0 u� C O. � � '� d� p .OU Op 3 O q� u C V � C G C p• d C COQ ,p o 0 N e � � Q y � � � {yL � U 'a C ` C � 3 1�� .R. •.�Dy _O ��yj C QL' C 5 OA 7 0-0 3 y_T �b $ q° u y0 U 3 U° El 3 0 3 0 v� C�Fc C7Fc 3 a F y O p Zvi r0 92 N W T 7 C °° 3 ba 0 ti' u J g p, C a v.°d•� p g W C 8 ° T ,u b �^ o p .o U •`•� N Ny o� T 0U-1 3 T 03 °o w° v•"�[ u O U U C r0 s •� e w $ $ .� o± T �dT oo e c 0� v -� 0 1 •c��'o.O+o O U cq .b 96'Y t2y j`�•� 00 r O C T J C 1 w° C 8 IS To�o. e0 5sc y 07 C a 00 .5 �': a$c gCq 0 o°O. NEo 00 3 ° 'ray❑❑ N b'C W�"' 7 viii O .'C� U o.r O 0 u u u CH R t�Sy N W'C N O .5 .,u, W.5 uEyDy is iY •bD ^t`Od py pU q9 C'�G�a H C O O s25S ° (, �E d u$ 5SF c O. O. o u ... C v u c°- W N•SR:NN fA O P:N NF F� S w 3 W Go, lL'C.5•S ii��i� v' o iw C �•d �•c O a @E� � '� o oc�o nN In r o o •O 0 •O „ H •CJ N y ,ce�i cai� r0 T 7 H 0 N O Q .o O .0 .' ..� o Nc pFu N U a � '�'r%iw U V ��•,'3 a,`J'�ao 3 y�aa,apil3uSpT� y vs � ti ��•� >'S� 0 w 0 W ° cook tloov�x� p C 3 3 o 2_ �^� x �pp 'G_ "u F x a�o '7u7 O O'd y :7f/7.U� U C 7 •y 3 '> CIA v�iV .CivP]U 3 y(� O5 d�C �2 r. S, bD •9 iT 0 1 R - � C R 5 N 70 p �p TT iy Ng KN C O OVV C o •O O O n a .5 .S O Iz d Q Cr � �j• .iiG vI V X �C Q 0 0t7 oa U yN w N A e og 5 c°° m rab w tcu ° 5 5� -R-o-(Y� qqv CO�V� c�a✓ Minnesota Department of Transportation Performance Based Investment Plan Metro District Draft Summary February, 2005"G. Overview • Summary of Investment Plans — District Plans- highway system capital investments • How District Plans were developed — Performance Based Planning -what it is — Mn/DOT's Highway Planning & Programming Process — Performance Measures & Targets used — Resulting investments identified • Major Issues District Plan Investment Summary Statewide Metro • Investments to meet performance targets $38.1 B $27 B 2008-2030 • Forecasted available $14.513 $6.4 B funding priorities: • Additional investment to $23.913 $20.6 B meet performance targets: Performance Based Transportation Planning • Approach focused on outcomes — how the system works for users (e.g, travel speeds) — physical condition ( e.g., structural integrity) — cost effectiveness (minimize life cycle costs) • Part of nationwide trend: improve accountability • Consistent with Administration's governing principles: — Focus on customers — Manage for results • Performance based District Plans — Unique, innovative, first effort Mn/DOT's Highway Planning and Project Programming Process Development of projects to m Construction of Identification of investments to achieve policies achieve policies and facilities to achieve and performance targets policies and performance targets performance targets State Transportation Plan Policy Overview 5 It Performance Measures & Targets • Each policy has set of measures and targets • Measure: A consistent set of numbers that tells us how we are doing toward achieving a desired outcome. — Example: % bridge area with structural condition rating good or better • Target: Desired Outcome — Example: 60% of bridges rated good or better by 2023 • Mn/DOT's Measures and Targets — Address.most essential performance features — Conservative approach District Plan Purpose 1. Create objective, consistent statewide estimate of investments to meet performance targets 2. Identify those performance target categories where additional funding, if available, could be applied (range of options) 3. More refined project scope and cost estimates District Plan Scope 5 Performance Policies • System Preservation • Interregional Mobility • Trade Center Mobility • Safety (stand alone) 3 Planning Periods • 2008-14 • 2015-23 • 2024-30 2 Investment Scenarios • Investments to meet performance targets • Investment priorities -forecasted available funding Policy 1: Preserve essential elements of the system • Pavements — 70 % system in good condition or better — Minimize system wide life cycle costs — Annual inspections, inventory, investment model to identify time and fix — Seal coat, thin overlay, mill/overlay, reconstruct • Bridges — 60% of TH Bridge Area in Good Structural Condition or better — Prolong useful life of structure — Annual inspections, inventory, fix varies by type, age, condition — Paint, overlay, re -overlay, redeck, replace 'i � .� a a s n �.v�1..a� � ;�x t� fs 4 y t��'7s+s t�! ,�` �yr( �iS ! �' �` a �( T S�� Kr �F i '-1:� ttfi � �. �� � ,;ask (tz). � z�t4 ff, t �!, l� f � Jurisdiction • Measure — MnDOT Ownership of Principal Arterials • Target MnDOT owns all principal arterials, no minor arterials or local streets/collectors • Issues — Costs to benefits — Evolution of system/change of function for some minor arterials over time • Recommendation — Finish commitments (212, 242,101, 120, 12, 361) — Funding in 2018 used as target funds Policy 7: Increase Safety and Security of the Transportation System and Users Safety Targets: Reduce fatalities and crash rates • Performance outcome affected by more than highway design: behavior, weather • All investments address safety — Pavement, bridge preservation — Mobility, congestion mitigation • Comprehensive, multi -jurisdictional approach required — Education, enforcement, engineering, emergency services • Stand alone highway investments focus on high crash locations Safety Target Investment Strategies • Corrective Investments- IRC & Other — Existing high crash intersections and segments- where cost effective design modifications may mitigate rate and severity • Preventive Investments- IRC & Other — Run-off the road, head-on collisions • 2-4 lane rural expansion: > 11,200 ADT • Minimum shoulders w/ rumble strips, turn lanes: >5,000 ADT • Narrow median- cable barrier: >40,000 ADT — Rail Crossings- • Gates and flashers at high hazard locations 4' Metro TSR Safety Measures 'r 7w IM 4..wpwsOU _; Policy 5: Enhance mobility between trade centers„ Interregional Corridor System Speed Targets High Priority 60 mph Medium Priority 55 mph - _a Regional Corridors 50 mph Safety related investments included in Policy 7 Greater MN IRC Investments to meet performance targets 2008-2030 Speed Performance Safety Investments rt Analysis Assumptions... • Expansion/Mobility: — Freeway Congestion = > 1 Hour —Arterial Congestion = Travel Time Index of >1.5 (operating at less than 2/3 of posted speed) —Assessment based on existing (2002) volumes. Metro Freeway Congestion Target 33% system miles operating < 45 mph 60.0% 50.0% 40% er 41.5% ,�A 40AX 0 30.0% c 21% 20.0% £ ffi a 10.0% 0.0% Congest ion is defined as the gement of the freeway system dirAvailable ectional miles operating below 45 mph for one hour or more during peak periods No Build after 2010 Funding Scenario 33.1% Meet Performance Targets Aggressive Target i Current Mobility Performance 2003lieii`o'reeVvRY Cpgtrot�. 20031►�etro freeway Congestion &ODx9OO:aw M. 2t10�:.iu 'hM .: w ' ` 1) r w C ane uX lmumain a Mobility—Twin 200610030 Freeway Measu Metro Arterial Congestion Target Congestion is defined as the percent of the arterial directional lane miles operating at less than 28 of the posted (freefow) speed for one hour or more during peak pedoda No Build Scenario >6 r—..� '. 47% 40% -- '—+ --- — Farerastod Invostmentsto Meet O Fwellable Funding Performance Targets 9 35% 30%--— -- n 24% 6 m ggressive Taru et 0 20% £ Posted Threshold i so"5 43 " a6 I 55 36 10% so 33 45 30 30 20 0% 2003 2006 21109 2012 2015 2018 2921 2024 2027 200 Imnsmems ts Most Psdo mmcs Toon . Mo611ity—Twin Cine, 2008to2003 Funded Management Investments Needs analysis • Safety • Subset of corridor expansion/mobility Investment Challenges • Immediate fiscal constraints require us to gradually increase $ • Reach Setaside levels by 2015 Principles for Interchange Investment • Project Commitments • Multiple Objectives/Modes • Land Use/Transportation Relationships • Local/Public Support ($) Investment Components • High Crash Cost Intersections • Interchanges • Access Management • Noise Walls • ITS C� Access Management Program No Access Management Potentially Dangerous & Haphazard Traffic Flow Restricted Access Safer & Smoother Traffic Flow Access Management Investment Strategies Corrective Strategies - - Address identified mobility and/or safety problems on corridor segments with non -conforming access points and where cost effective design modifications (e.g., access closure, new frontage roads, etc.) may improve mobility and/or will mitigate safety problems (i.e., reduce the crash rate or severity) by using the Access Management Set -Aside and/or Municipal Agreement Funding Programs. Preventative Strategies - — Evaluate proposals for direct access to the TH system to ensure consistency with Mn/DOT's Access Management Spacing Guidelines. Work with local jurisdictions to develop local access management ordinances and to utilize the Development Review process to coordinate with local communities and development interests to identify access locations that are consistent with Mn/DOT's Access Management Spacing Guidelines. Principal Changes from 2001 • Preservation — Funding increases needed early to implement preventive maintenance model More management — "Improvement" projects included in management — Redefined — limited to 2 consecutive interchanges per corridor — Interchange funding to support development as outlined in the 2030 Development Framework Scope and cost refinements — Higher need figures — Risk Factors... — Yields less funding for expansions jvJ Investment Priorities • Preservation first • High crash -cost intersections • Expansion projects from 2001 TSP/TPP • With remaining funding... — Management • Interchanges in support of development • Access Management • Highway improvements in support of Transit Master Plan • Etc... Investments 2030 Available Additional Investments to Meet Performance Targets Metro District ($20,700,000,000) Policy?- Policy - Correcfire Preventive 0.3% 12% Policy 5 - IRCs Policy - RTC & RCs 19% Non Freeways 13% Policy - RTC Freeways 56% Available Funding Plan Benefits • Fully Preserves Highway System • Management — Address High Crash Cost Intersections — Address High Priority Interchanges — Strategic Investments in IRC performance — Manages System Access • Expansion — Expands 57 miles of highway — Slows growth of congestion ... a little? • Preserves ROW for two major river crossings Performance Based Investment Benefits • Pavement and Bridges are maintained at minimum life cycle cost • Interregional travel averages 60/55 mph on all corridors -supports statewide economy • Metro Area -beltway completed, slow rate of freeway congestion (31 % vs 43%) • Statewide reduction in fatalities and serious injuries iso Functional Classification • Requests for upgrade to principal — TH 55 — TH 3 — TH 101 • Recommendation — Metro Council system wide review of function - Recommended system by June of 2005 Second Beltway • Preliminary Analysis — Scale of undertaking —Alternatives (Inner vs. Outer Beltway) — Rough Cost (Per Mile) — Impacts? • Recommendation — Enormous costs and high impact make feasibility and prudence questionable — Some new principal arterials should commence development (may form pieces of second beltway vision in in longer time frame) Issues yet to be resolved • Outcomes with available funding — Increased congestion — Limited ability to respond to changes in regional travel demands • Priorities beyond planned investments (if new funding becomes available) S • Contact: Questions? Brian Isaacson Brian. isaacson(adot.state.mn.us 651-582-1659 City of Plymouth Police Department Activity Report for January, 2005 During the month of January, 2005, the Police Department initiated 5,180 events. Included in those calls were 266 Part I 8v II Crimes, which are broken down in the following chart. A total of 78 adults and 31 juveniles were arrested (booked, tab charged, or cited) during the period. This number does not include individuals charged later, primarily after investigations are completed, by formal complaint, unless they were actually booked at the time of the offense. A chart showing the breakdown of the offenses and numbers also follows. Officers also generated 1,248 traffic citations during the period. These citations are divided into their three categories; hazardous moving offenses, non-moving offenses, and non- hazardous moving offenses and then further by type and number. There were also a total of 122 traffic accidents during the month. The remainder of the calls generated are classified as "9000" calls, which include various ordinance violation and service calls, such as medicals, alarm calls, noise violations, and animal calls. 60 CITY OF PLYMOUTH Report for October, 2004 SUMMARY STATS WORKSHEET: January Total Calls - Offense subtotal Total Assault 28 2nd degree 4 5th degree 10 domestic assault 11 terroristic threats 3 Attempt to evade taxation 2 Burglary 27 Apartment 4 Business 4 Garage 7 Home 7 Storage Locker 1 Attempt (no entry made) 3 Other 1 CSC 1 Disorderly conduct 3 Drugs 16 marijuana 11 methamphetamine 2 paraphernalia 3 other 0 DWI 16 Underage dk 8v dry 18-21 2 False information to police 4 Fleeing police officer 2 Forgery 3 Harassment 8 Hit & Run 22 Interfere with emergency call 1 Juvenile alcohol offense 2 curfew 2 runaway 11 tobacco 2 Liquor/underage consumption/ oss 5 [Obstructing legal process 2 CITY OF PLYMOUTH Report for October, 2004 Offense subtotal Total Property damage 15 Theft 71 general 21 gas no pay 29 items from MV 6 parts from MV 6 employee 1 shoplifitng 2 by fraud/ swindle 4 mail 2 1 Tampering with MV Traffic/other canc IPS 2 Trespass 3 Vehicle theft 10 Violation OFP 5 TOTAL 266 CITY OF PLYMOUTH Report for October, 2004 ARRESTS Adult assault 9 attempt to evade taxation 1 burglary 1 DAS/C/R 3 Drugs 15 DWI 16 underage D & D 2 fleeing police officer 2 false information 2 hit & run 3 liquor/underage cons 17 obstructing legal process 2 theft 1 trespass 1 violation order for protection 1 vehicle theft 1 warrant 1 TOTAL 1 78 Juvenile assault 8 disorderly conduct 4 alcohol 3 controlled substance 2 false information to police 1 property damage 1 trespass 2 theft 1 curfew 3 runaway 3 tobacco 3 TOTAL 31 CITY OF PLYMOUTH Report for October, 2004 CITATIONS 9001/speed 426 9002/careless 2 9003/disobey signs signals 39 9004/stop sin 101 9005/imp assin 11 9006/imp turning 7 9007/imp lane/wrong wa HOV 8 9008/fail to yield 12 9009 follow too closely 10 9010/improper/no signal 1 9011 /open bottle 5 9012/def/imp equip 7 9013 inattentive driving 12 9020 other haz 6 9021 / sch bus stop arm 3 TOTAL 650 9101 fire lane h d 31 9102 snow removal 1 9103 other pk 2 to 5 a.m. 193 9104 handicapped 8 9120 other non-moving 1 seat belts TOTAL 234 9201 DAR -S -C 94 9202/no DL 15 9203/other DL viol 22 9204/imp regist 94 9210 unreasonable acceleration 1 9221 seat belts 12 9223 no ins 126 TOTALI 364 ACCIDENTS Fatal 0 PI 15 PD 107 TOTAL 122 DATE: February 7, 2005 TO: Laurie Ahrens, City Manager FROM: Anne Hurlburf; Community Development Director SUBJECT: Hennepin County Adult Correctional Facility (HCACF) Population Report Hennepin County Community Corrections staff has submitted their monthly report on average daily population for the month of January, 2005. The average daily population reported for the Plymouth facility was 517, less than the occupancy limit of 601 set by the Conditional Use Permit. The chart below shows the average monthly population since we began receiving reports in June of 1998. 700 M r 500 c U 400 am c�a 300 L d Q 200 100 A HCACF Monthly Population Report W W O L O O i i � N 6 M M M � O Q U > - O O O O C- C > L (n Q 5 U (6 Q C C (n Z Q U- —' O 5 z Q Month/Year (9 []CUP Limit ■Average Count DATE: February 11, 2005 TO: Plymouth Housing and Redevelopment Authority &-' FROM: Denise Hutt, Support Services Manager through Anne Hurlburt, Executive Director SUBJECT: Family Self -Sufficiency Program (T.R.A.I.L.S.) In July, 1995, the HRA and the St. Louis Park Housing Authority jointly initiated the Training and Resources to Attain Individual Long Term Success (T.R.A.I.L.S) family self-sufficiency program. The program is designed to provide social services, education and job training to assist Section 8 participants in reducing their dependency on public assistance and attain individual goals. The program is operated by the nonprofit Employment Action Center (EAC) under an agreement among the three agencies. Anne Hurlburt received a letter dated January 11, 2005, from the Department of Housing and Urban Development (HUD) stating that Plymouth HRA was not selected to receive funding for the FY 2004 Housing Choice Voucher Family Self Sufficiency Program. The funding for FY 2004 runs from December 1, 2004 through November 30, 2005. The funding request was for $20,815. Based on the criteria that HUD used this year for awarding funding, Plymouth HRA would not likely receive funding for FY 2005. Our contract with EAC runs from July 1, 2004 though June 30, 2005. We currently have $3,337 left in the 2003 funding grant from HUD and $4,691 left from a previous CDBG allocation which we feel will cover our expenses through June 30, 2005. Due to Plymouth HRA not receiving funding, staff will recommend that the HRA to terminate the contract with EAC and St. Louis Park Housing Authority effective June 30, 2005, which is the end of the contract year. I will be bringing the item to the March 17, 2005 HRA meeting for the Board to consider formal action to terminate our contract with EAC effective June 30, 2005. If you have any questions relating to this issue, please contact me at (763) 509-5408. K DATE: February 10, 2005 TO: HRA Board Members J4 FROM: Paula Dorn, HRA Specialist through Anne Hurlburt, Executive Director SUBJECT: Informational Memo on Willow Creek North & South Apartments Effective January 1, 2005, the Plymouth HRA acquired 48 project -based vouchers at Willow Creek when the'owner opted -out after a five year contract. Of these 48 units, 19 of them have been downsized from their current two bedroom status to a one bedroom voucher. This was done in accordance with our administrative plan because of their family size. Their current family size does not qualify them for a two bedroom unit. Of these 19 families 14 of them have requested informal hearings with our HRA to dispute the issued bedroom size of a one bedroom voucher. They are all represented by attorneys and we will be having these informal hearings sometime at the end of March 2005 or the first part of April 2005. We have been directed by the Minneapolis HUD office to pay the difference between the one bedroom payment standard that we have approved and the two bedroom unit that the families are living in until December 31, 2005. This amount is an additional $2,000 a month. If our office would not have been directed to pay the differences in rent then it would be put upon the tenants to pay the difference each month. This is anywhere from $105 to $125 extra each month for each family. The Plymouth HRA has contacted and remains in contact with both of the attorney's offices, all 19 affected families that are in the transition of the two to one bedroom units, the Willow Creek Management staff and the Minneapolis HUD office. We continue to work out all the details that have arisen and are working to accommodate everyone's needs on a daily basis. G'� i MEMO b TTY OF PLYMOUTH �� � � x340U PLYMOUTH BOULEVARD, PLYM4LiTH, MN 55447 �� , �� �- DATE: February 10, 2005 TO: HRA Board Members J4 FROM: Paula Dorn, HRA Specialist through Anne Hurlburt, Executive Director SUBJECT: Informational Memo on Willow Creek North & South Apartments Effective January 1, 2005, the Plymouth HRA acquired 48 project -based vouchers at Willow Creek when the'owner opted -out after a five year contract. Of these 48 units, 19 of them have been downsized from their current two bedroom status to a one bedroom voucher. This was done in accordance with our administrative plan because of their family size. Their current family size does not qualify them for a two bedroom unit. Of these 19 families 14 of them have requested informal hearings with our HRA to dispute the issued bedroom size of a one bedroom voucher. They are all represented by attorneys and we will be having these informal hearings sometime at the end of March 2005 or the first part of April 2005. We have been directed by the Minneapolis HUD office to pay the difference between the one bedroom payment standard that we have approved and the two bedroom unit that the families are living in until December 31, 2005. This amount is an additional $2,000 a month. If our office would not have been directed to pay the differences in rent then it would be put upon the tenants to pay the difference each month. This is anywhere from $105 to $125 extra each month for each family. The Plymouth HRA has contacted and remains in contact with both of the attorney's offices, all 19 affected families that are in the transition of the two to one bedroom units, the Willow Creek Management staff and the Minneapolis HUD office. We continue to work out all the details that have arisen and are working to accommodate everyone's needs on a daily basis. G'� Plymouth Human Rights Commission January 6, 2005 Adopted Minutes Commissioners Present Absent Venoreen Browne -Boatswain X — Vice Chair Gloria Alexander X Vincent I'ioma X Gwen Adams—Drew X Don Renquist X Hal Broxev — Chair X Jeff Westbrook X Jackie Fraedrich X Pat Gleason X Nicole Jin X David Bliss X Alina Cheng X Kristin Harris X Also present: Captain Franz and Office Support Representative Gulbrand. A meeting of the Human Rights Commission was held beginning at 7:00 p.m. in the Medicine Lake Room of City Hall, 3400 Plymouth Boulevard, on January 6, 2005. Commissioner Browne -Boatswain called the meeting to order. Commissioner Browne - Boatswain noted that a quorum was present so official business could be conducted. Approve Minutes Commissioner Browne -Boatswain asked if there were any additions, deletions or corrections to the minutes of December 2, 2004. Commissioner Ijioma moved and Commissioner Gleason seconded to approve the minutes of December 2, 2004. Approve Agenda Commissioner Browne -Boatswain asked if there were any additions, deletions or corrections to the agenda. Human Rights Commission Minutes January 6, 2005 Page 2 of 3 Commissioner Browne -Boatswain added correspondence from Commissioner Alexander as Item 8C under Announcements and Articles. Commissioner Ijioma moved and Commissioner Adams -Drew seconded to approve the agenda. Motion carried. Presentation Commissioner Westbrook gave a presentation on the Department of Cultural Integration in the Osseo area school district. Committee Reports Student Human Rights Activities Commissioner Jin stated the student sub -committee met and discussed the 2005 Student Workshop. The sub -committee selected Profiling as this year's topic and the workshop will be held on April 19 at the Plymouth Ice Arena. Community Awareness Commissioners Browne -Boatswain and Adams -Drew met and discussed sending information to the local churches. They would like to convey awareness of the Human Rights Commission by having the information posted in the church bulletins. Community Education No report was given. Human Rights Incident Response Team No report was given. Leazue of Minnesota Human Rights Commissions (LMHRC) Commissioner Browne -Boatswain stated the League of Minnesota Human Rights Commissions held their meeting at the Plymouth Creek Center. City Manager Ahrens welcomed the LMHRC and gave a presentation on the current issues within the City of Plymouth. Old Business Report on Human Rights Day, December 3, 2004 Commissioner Browne -Boatswain stated a summary was submitted by Commissioner Broxey on the Human Rights Day and forum. Human Rights Commission Minutes January 6, 2005 Page 3 of 3 New Business Election of Q facers, Chairperson and Vice Chairperson Commissioner Ijioma moved and Commissioner Gleason seconded to elect Commissioner Browne -Boatswain as the 2005 Chairperson. Motion carried. Commissioner Browne -Boatswain moved and Commissioner Gleason seconded to elect Commissioner Adams -Drew as the 2005 Vice -Chairperson. Motion carried. Discuss 2004 Annual Report and 2005 Work Plan Commissioner Adams -Drew moved and Commissioner Ijioma seconded to table discussion of 2004 Annual Report and 2005 Work Plan to the February 3, 2005 meeting. Motion carried. Announcements and Articles Commissioner Browne -Boatswain distributed and read the correspondence from Commissioner Alexander regarding the expiration of her term on January 31, 2005. Adiournment Commissioner Browne -Boatswain adjourned the meeting at 8:05 p.m. elm Creek Watershed Management Commission ADMINISTRATIVE OFFICE TECHNICAL OFFICE 3235 Fernbrook Lane Hennepin County, DES Plymouth, MN 55447 417 North 5" Street PH: 763.553 ' 1144 Minneapolis, MN 55401-1397 FAX: 763.553.9326 PH: 612.596.1171 E-mail: Judie()-iass.biz FAX: 612.348.8532 E-mail: Ali.Durgunoglu@co.hennepin.mn.us MINUTES January 12, 2005 I. The regular monthly meeting ofthe Elm Creek Watershed Management Commission was called to order at 11:35 a.m., Wednesday, January 12, 2005, in the Engineering Conference Room, Maple Grove City Hall, 12800 Arbor Lakes Parkway, Maple Grove, MN, by Vice Chairman Deric Deuschle. Present were: Deric Deuschle, Champlin; Elwyn Manthei, Corcoran; Danny Nadeau, Hassan; Madeleine Linck, Medina; Rick Lestina, Maple Grove; Laura Brinkman, Plymouth; James Kujawa and Ali Durgunoglu, Hennepin County Department of Environmental Services (HCES); John Barten, Three Rivers Park District; and Judie Anderson, Executive Secretary. Also present: James Fallon, USGS, and George Schneider, Rice Lake Area Association. II. Approve Agenda. Motion by Nadeau, second by Manthei to approve the revised agenda. Motion carried. III. Consent Agenda. Motion by Nadeau, second by Deuschle to approve the Consent Agenda: A. Minutes of December meeting. B. January Treasurer's Report, year-end Treasurer's Report and claims. C. Nonwaiver of Liability Limits. Motion carried. IV. Action Items. A. Fallon provided an overview of the stream monitoring program. He noted that erosion is occurring at the,gauging station and that a new gauge will need to be purchased in the future. He also distributed copies of the proposed 2005 cooperative monitoring agreement. It will be considered at the Commission's February meeting. 2004 monitoring data will be available in the Commission's 2004 Annual Report and on the web site. Schneider distributed copies of an outline of the Rice Lake Management Plan. He is interested in determining what information is available from the Commission re Rice Lake. B. Technical Services. Since HCES is not a party to the Joint Powers Agreement, it is necessary for the Commission to solicit biennially for technical services. Motion by Deuschle, second by Manthei to seek letters of interest to provide technical services for 2005-2006. Motion carried, Nadeau voting nay. Anderson will publish the solicitation in the State Register. C. 2001-013 The Preserve and Hidden Oaks at Elm Creek combined WCA application, Champlin. Staff has received and reviewed the 2004 wetland monitoring report. During the past month, Staff has also had several meetings with developer William Ramsay, his agents and City staff to discuss the outstanding monitoring and buffer issues. Copies of the resulting correspondence and attachments were included in the meeting packet. Durgunoglu noted that the 2004 report indicated reed canary grass is still prevalent in eight of the mitigation areas and adjacent buffers. Motion by Linck, second by Deuschle to approve the 2004 monitoring report; discontinue future monitoring of basins A through E; continue monitoring of basins J, through N; in 2005 monitoring report summarize buffer post installation process for the entire site; and return $1,000 of monitoring escrow. Motion carried. As part of the discussion, the Commissioners agreed that performance standards should be developed for future projects and that a five year plan be requested from developers. [Linck departed 1:04 p.m.] CHAMPLIN - CORCORAN - DAYTON - HASSAN - MAPLE GROVE - MEDINA - PLYMOUTH - ROGERS Minutes elm creek Watershed Management Commission January 12, 2005 page 2 D. 2004-069 Maple Grove Medical Campus and Retail Center, Maple Grove. This is not a formal review, but is assistance to Maple Grove on a wetland replacement plan. A TEP was held on site with recommendations given to the City for their consideration in reviewing the wetland replacement plans and providing recommendations to their City Council. No new construction or site plans have been received. Copies of Commissioners' emails and related correspondence were included in the meeting packet. Motion by Deuschle, second by Nadeau directing Anderson to send a strongly worded letter to the Corps of Engineers requesting a public hearing. Motion carried, Lestina abstaining. E. 2004-073 Maple Creek Estates, Maple Grove. This is a ten -acre single family home development located west of Lawndale Lane at 73rd Court North. An existing house will be demolished to build 20 houses; Merrimac Lane will be extended through the development for a north -south connection. Maple Creek is located on the west edge of the property. Staff received revised plans. Their review and findings dated January 5, 2005 were included in the meeting packet. Motion by Deuschle, second by Nadeau to approve 2004-073 per Staff recommendations. Motion carried. This item will be removed from the agenda. F. 2004-074 Preserve at Rush Creek, Maple Grove. This is a 32 -acre site along CSAH 101 across from Rush Creek Golf Course. The applicant proposes to create 50 single-family residential lots. Staff review and findings dated January 6, 2005 were enclosed with the packet. Motion by Manthei, second by Nadeau to approve 2004-074 per Staff recommendation. Motion carried. This item will be removed from the agenda. G. 2004-075 Killarney Glenn, Maple Grove. This is a 35 -acre site located south of 78th Avenue between Lawndale and Peony Lanes. The applicant is proposing to develop 53 single-family residential lots on agricultural land. Staff review and findings dated December 28, 2004 were enclosed with the packet. Motion by Deuschle, second by Nadeau to approve 2004-075 per Staff recommendation. Motion carried. This item will be removed from the agenda. H. 2004-078 Hedgestone (EHLR property), Corcoran. The property is located west of CR 101 between Gleason and Hackamore Roads. It consists of 218 acres and is proposed for 287 single-family residential lots. The current land use is agricultural. The City of Corcoran and the applicant's engineer have asked for Commission approval of their map amendment application before they submit it to FEMA. This was a preliminary requirement for final plan approval. The study results and the application were found to be satisfactory. Staff will send letter to City and applicant advising that any impacts within the proposed floodplains must be mitigated; lowest structure elevation must be at least two feet higher than the proposed flood elevation; and the study be used to amend the entire ECWMC Upland Flood Storage Area #13 flood elevation. Copies of various correspondence were included in the meeting packet. V. New Business. A. Correspondence. The Commission received notices of the following. 1. Mn/DOT Environmental Stewardship & Streamlining Workshop, March 23-24,2005. 2. Public hearingto receive comments on Metropolitan Council's Water Resources Management Policy Plan Update, February 8, 2005. B. Elm Creek Channel Study. Barten, Durgunoglu, and Anderson will meet on January 25, 2005, to develop an RFP. Three Rivers Parks has included funding for the study in its 2005 budget. C. Citizen Assisted Monitoring Program (CAMP). Barten and Anderson will coordinate with Randy Anhorn at Met Council. D. Web Site. The Commission's web site remains under construction at www.elmcreekwatershed.org. Updates are being created as time allows. E. Watershed Management Plan. Anderson will transmit the Plan to the member cities in a user-friendly and linkable format. Staff will also provide a listing of post -approval requirements/responsibilities. The Plan is being uploaded to the Commission's web site and 100 printed copies will be produced. 1. Ways to fund the Capital Improvement Program will be considered as part of the budget process. 2. In order to encourage members to complete/amend their local plans, the Commission will offer to provide assistance. 3. An RFP will be published seeking proposals to digitize the watershed's floodplain maps. CHAMPLIN - CORCORAN - DAYTON - HASSAN - MAPLE GROVE - MEDINA - PLYMOUTH - ROGERS Minutes elm creek Watershed Management Commission January 12, 2005 page 3 F. 2004-03 Cabela's, Rogers. The Commissioners received copies of minutes of a January 8, 2005 meeting called to discuss issues pertaining to the development of a 60 acre site north and east of I-94. Since the City of Rogers has no comprehensive stormwater management plan, the Commission will be the reviewing authority for stormwater management, grading and erosion control issues on the site. Although not the LGU for the Wetland Conservation Act (WCA), the Commission has requested the opportunity to comment on wetland impacts from an overall watershed management perspective. Cabela's has requested a phased application (first phase - building pad, second phase - remainder of site) for Commission consideration. VI. Project Reviews. A. 2003-053 Richard Weber WCA Violation, Hassan. The Webers have decided to restore all the wetlands on the parcel. HCD has drafted a restoration plan for issuance by the DNR. The Commission has not received the DNR signed restoration order. Staff will continue to assist the parties as needed. B. 2004-001 Three Rivers Estates, Hassan. This is a 144 -acre site located in the northwest quadrant of intersection of Bechtold and CR 117. The applicant proposes to develop 33 single-family residential lots on the site. Site plans were approved at the Commission's June 2004 meeting. The applicant is working with the Township to utilize a wetland mitigation area to compensate for impacts on project #2004-042. Staff continues to work with all the parties to complete the conditions for the final WCA approval. C. 2004-08 Bell Tower West — LandCor Financial Center, Maple Grove. The Commission approved this project at their July 2004 meeting. The City was to make modifications to the City pond by August 31, 2004. The City informed the Commission staff that they would be installing a new culvert at the pond outlet very soon and plan to raise the outlet 0.5 feet to increase the pond capacity. When confirmed, this item will be removed the agenda. D. 2004-040 Diamond Lake Woods (formerly 2000-013 Patrick Dewing), Dayton. The Commission received a request for plan review on November 16, 2004. Staff determined that the plan was incomplete. Additional information and correspondence have been received. A copy of Staff's letter dated January 4, 2005, to the City Planner was included in the meeting packet E. 2004-042 Northdale Blvd/James Road Utility Project, Hassan. Hassan is improving the roadways and extending storm sewer, sanitary sewer and water along Northdale Boulevard and James Road. A complete wetland replacement application was received and noticed on October 18, 2004. The Commission approved the plans at their November meeting pending recommendations of Staff. Staff continues to work with the parties to complete the WCA and Commission's requirements. The Town Administrator extended the review period for an additional 60 days to February 11, 2005. At their January meeting the Town Board authorized payment of $7,500 to the Commission to be retained as the monitoring escrow. F. 2004-043 Bridgewater -Charles Cudd, Medina. In June 2004 the City approved a comprehensive plan amendment for this project, subject to approval by Metropolitan Council. No new information has been received. G. 2004-046 Maple Creek Restoration, Maple Grove. The City is proposing to regrade, armor and restore sections of Maple Creek between CR 10 and Elm Creek. This is an amendment to the City's approved stormwater management plan. City staff has requested Commission review of the Maple Creek Drainage Study. Commission staff has not completed the review. H. 2004-049 Medina Retail PUD, Medina. Staffresponded last month to the City's request for comment on the preliminary PUD plan. No new information has been received. I. 2004-050 Walgreens, Maple Grove. This is a 2.64 -acre commercial development located at the northwest corner of CSAH 30 and Dunkirk Lane. It was mutually agreed by Commission staff and the City engineer that the stormwater management plan is incomplete and the review will be put on hold until this issue is resolved. J. 2004-052 Heritage Development, Hassan. This is an additional wetland delineation on land added to a site already reviewed and noticed by the Commission. Staff has reviewed the site in the field and office and will approve and notice it accordingly. K. 2004-054 City County Federal Credit Union, Maple Grove. This is a 2.3 -acre new branch office located on CSAH 30, east of Lawndale Lane. Complete plans and fees were received on September 29, 2004. The site is being replatted from four parcels (two lots with two outlots) into two parcels (2 lots). The zoning will remain commercial/retail. Because there were no changes in the stormwater plan and no wetlands or floodplains were present, CHAMPLIN - CORCORAN - DAYTON - HASSAN - MAPLE GROVE - MEDINA - PLYMOUTH - ROGERS Minutes elm creek Watershed Management Commission January 12, 2005 page 4 Staff gave contingent approval pending receipt of erosion and sediment control details on the plans. No new information has been received. L. 2004-058 Manley Development, Hassan/Rogers. This is a 115 -acre site located on CR 116 just north of Wood Lane. The application was for a wetland delineation review. Since the City of Rogers has annexed the parcel the LGU responsibilities were relinquished to them. No further work is required. M. 2004-059 Hydrology on French, Grass and Diamond Lakes, Dayton. This study tries to establish high water elevations and floodplains for these lakes. Staff reviewed the report and sent comments to the City and the applicant on November 16. N. 2004-061 Creekview Townhomes, Medina. This is a residential subdivision located on the north side of the Hamel Road and Elm Creek Drive intersection. The site has floodplain, floodway and wetland issues. Staff determined that the plan was incomplete. A letter from the Applicant's agent requested the Commission to hold the plan review until plat approval is received from the City. O. 2004-064 CSAH 19 Reconstruction, Corcoran and Medina. Hennepin County Transportation Department, as the RGU for this project, has decided that an Environmental Impact Statement is not necessary for this project. The Commission was notified of this decision by a letter dated December 20, 2004. P. 2004-065 Thunder Addition, Hassan. This is a proposed residential subdivision. The plan was determined to be incomplete last month. Additional information has been received but was not reviewed in time for this meeting. Q. 2004-066 Steig Road Wetland, Corcoran. This is a wetland delineation review. Staff has visited the site and agrees with the delineation. Noticing per WCA requirements was completed on December 8, 2004. This item will be removed from the agenda. R. 2004-068 Scheber Property, Hassan. This is a request for a wetland delineation review. The site was visited and a few minor adjustments requested. Staff is awaiting the final report with these adjustments. S. 2004-071 CSAH 81 and TH 610 Extension, Maple Grove. The Army Corps of Engineers has issued a public notice for an application for permit to place fill and discharge dredged material in wetlands adjacent to Elm Creek as part of the reconstruction of CSAH 81 at the future interchange with TH 610 Extension. The project would reconstruct and realign CSAH 81 and Territorial Road and extend Elm Creek Boulevard. It proposes to fill approximately 11.09 acres of predominately Type 2, 3, and 3/6 wetlands adjacent to the creek. To compensate for this fill the applicant is proposing to create an equal area of wetland on site, providing 4.41 acres of on-site stormwater ponding and purchasing credits for 7.06 acres of restored wetland from existing wetland banks. Staff provided review and comment to the Corps based on discussion at the November meeting. T. 2004-072 Serenity Estates, Hassan. A plan set was received on November 1, 2004. Staff notified the applicant on November 2, 2004 that a formal application and specific information are necessary prior to our review. No new information has been received. U. 2004-076 Fairview Health Service Center, Maple Grove. Staff notified the applicant on November 29, 2004 that the application was incomplete. No new information has been received. V. 2004-077 Lloyd Landkamer, Corcoran. This is a request to excavate two ponds along Rush Creek to help alleviate flooding. Staff has contacted the applicant and explained that the proposed ponds will not help his flooding situation. He will advise staff if he wants to proceed with his request or pursue other alternatives. W. 2004-079 David Foy WCA violation, Corcoran. Foy cleaned out some shallow ditches on his property adjacent to Rush Creek near Corcoran City Hall. Staff has contacted him and expects the work to be exempt from WCA requirements. X. 2004-080 Heritage Development Cowley Lake EAW, Rogers. This is a 444 -acre site east of Willendale Road, running between CR 144 and 129th Avenue. The developer is proposing 303 single-family detached units and 959 attached dwellings. Staff reviewed the EAW and provided comments to the City of Rogers. Copies were included in the meeting packet. Y. 2004-081 Dunlaven Woods, Maple Grove. This is a 30 -acre site abutting Rush Creek south of 101st Avenue proposed for 43 single-family lots. Site plans were not reviewed in time for this meeting. CHAMPLIN - CORCORAN - DAYTON - HASSAN - MAPLE GROVE - MEDINA - PLYMOUTH - ROGERS Minutes January 12, 2005 page 5 elm creek Watershed Management Commission Z. 2004-082 Baumeister 3rd Addition, Corcoran. This is a request for a wetland delineation review on ten acres in Corcoran. Staff has not had an opportunity to visit the site for a determination. Depending on conditions, this may have to wait until spring. AA. 2004-083 Cedar Estates, Maple Grove. This is a 37 -acre site abutting Elm Creek just south of Bass Lake Road. The developer proposes 68 single-family residential lots for the site. Site plans were not reviewed in time for the meeting. VII. Old Business. A. Watershed Boundaries. Anderson will follow up with the surveyor. B. A Basics Workshop for Newcomers will be conducted in early spring. Anderson will create a Commissioner handbook. C. Fee Schedule. Staff will review and bring back recommendations for revising the current schedule. D. Staff is awaiting notice of a TEP meeting re the CSAH 30 and Highway 101 project. VIII. Other Business. XI. Adjournment. There being no further business, motion by Manthei, second by Deuschle to adjourn. Motion carried. The meeting was adjourned at 1:05 p.m. Respectfully �submitted, Judie A. Anderson Executive Secretary JAA:tim J:\Elm Creek\Meetings\Meetings05VanuaryMinutes.wpd CHAMPLIN - CORCORAN - DAYTON - HASSAN - MAPLE GROVE - MEDINA - PLYMOUTH - ROGERS February 4, 2005 SUBJECT: SITE PLAN AMENDMENT AND VARIANCE FOR CASCO (2004145) Dear Owner/Occupant: This letter is written to inform you that CASCO, under file 2004145, submitted a planning application requesting approval of a site plan amendment and variance for a 3,780 square foot expansion to the existing garden center for Home Depot located at 1705 Annapolis Lane North. The variance would allow a setback of five feet between the expanded garden center,and drive aisle, where ten feet is the minimum setback specified by the Zoning Ordinance. While a formal Public Hearing is not required, it is the City's policy to inform adjacent property owners/occupants of such applications. Hennepin County records indicate your property is within 200 feet of the site of this proposal. You are hereby notified of and cordially invited to attend a meeting to be held by the Plymouth Planning Commission at 7:00 p.m., Wednesday, February 16, 2005, in the City Council Chambers at the Plymouth City Hall, 3400 Plymouth Boulevard. INFORMATION relating to this request may be examined at the Community Development Information Counter, at Plymouth City Hall on Mondays and Wednesday through Friday from 8:00 a.m. to 4:30 p.m., and Tuesdays from 8:00 a.m. to 6:00 p.m., except holidays. If you have any questions about the specifics of this proposal, please contact the Community Development Department at (763) 509-5400. Sincerel}i, `-Ayt-N 0541N V� Barbara G. Senness, AICP Planning Manager 2004145propnotice i g� PLYMOUTH Addird Quality to Life 3400 PLYMOUTH BOULEVARD a PLYMOUTH, MINNESOTA 55447-1482 a TELEPHONE (763).509-5000 SUBJECT: MINOR SUBDIVISION FOR AVERY HOMES (2005003) Dear Owner/Occupant: This letter is written to inform you that Avery Homes, under file 2005003, submitted a planning application requesting approval of a minor subdivision to subdivide one property into two parcels and variances for lot area and width property located at 9920- 28`h Avenue North. While a formal Public Hearing is not required, it is the City's policy to inform adjacent property owners/occupants of such applications. Hennepin County records indicate your property is within 200 feet of the site of this proposal. You are hereby notified of and cordially invited to attend a meeting to discuss the variance application to be held by the Plymouth Planning Commission at 7:00 p.m., Wednesday, February 16, 2005, in the City Council Chambers at the Plymouth City Hall, 3400 Plymouth Boulevard. INFORMATION relating to this request may be examined at the Community Development Information Counter, at Plymouth City Hall on Mondays and Wednesday through Friday from 8:00 a.m. to 4:30 p.m., and Tuesdays from 8:00 a.m. to 6:00 p.m., except holidays. If you have any questions about the specifics of this proposal, please. contact the Community Development Department at (763) 509-5400. Sincerely, Barbara G. Senness, AICP Planning Manager 2005003propnotice PLYMOUTH Addbjq Quality to L fe 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000 SUBJECT: VARIANCE FOR SKYLINE DESIGN, INC. (2005006) Dear Owner/Occupant: This letter is written to inform you that Skyline Design, Inc., under file 2005006, submitted a planning application requesting approval of a variance to increase the impervious surface coverage from 49% to 51 % to allow construction of a 308 -square foot addition for property located at 1044 Yuma Lane North. While a formal Public Hearing is not required, it is the City's policy to inform adjacent property owners/occupants of such applications. Hennepin County records indicate your property is within 200 feet of the site of this proposal. You are hereby notified of and cordially invited to attend a meeting to be held by the Plymouth Planning Commission at 7:00 p.m., Wednesday, February 16, 2005, in the City Council Chambers at the Plymouth City Hall, 3400 Plymouth Boulevard. INFORMATION relating to this request may be examined at the Community Development Information Counter, at Plymouth City Hall on Mondays and Wednesday through Friday from 8:00 a.m. to 4:30 p.m., and Tuesdays from 8:00 a.m. to 6:00 p.m., except holidays. If you have any questions about the specifics of this proposal, please contact the Community Development Department at (763) 509-5400. Sincerely, Barbara G. Senness, AICP Planning Manager 2005006propnotice PLYMOUTH adding Quality to L�e 3400 PLYMOUTH BOULEVARD 9 PLYMOUTH, MINNESOTA 55447-14 2 e TELEPHONE (763) 509-5000