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Council Information Memorandum 07-16-2004
Dummy rpCITY OF PLYMOUTh COUNCIL INFO MEMO JULY 16, 2004 UPCOMING MEETINGS AND EVENTS Youth Advisory Council July 19 meeting agenda................................................................. Page 2 Planning Commission July 21 meeting agenda.................................................................... Page 3 July, August, and September Official City Meeting Calendars ............................................ Page 4 Tentative list of agenda items for future City Council meetings ........................................ Page 10 FOR INFORMATION ... News Articles, Releases, Publications, etc. Real Estate Journal news story regarding the CSM project ............................................... Page 12 Metropolitan Council news release announcing the appointment of Blair Tremere as the organization's Community Development Director ................................................... Page 13 Star Tribune articles from the Wednesday "West Edition": Update on the closing of Luce Line Trail for bridge work ..................................... Page 14 Plymouth Foundation profile.................................................................................. Page 15 Eagle Lake Golf Center profile............................................................................... Page 16 Staff Reports Hennepin County Adult Correctional Facility Population Report ...................................... Page 17 Plymouth Fire Department Report for the Month of June ................................................... Page 18 Correspondence Letter from St. Paul Mayor Randy Kelly and Council Members regarding the value of a regional coordinated effort to restrict smoking including samples of specific ordinances and approaches............................................................................................................................ Page 26 Letter from CenterPoint Energy Minnegasco regarding them filing a rate case which would result in an increase for the average residential customer of 4.1 percent ............................Page 45 I z 3. 4. YOUTH ADVISORY COUNCIL JULY 199 2004 6:45 PM CITY COUNCIL CHAMBERS Approvals: a) Agenda b) May 24 meeting minutes Guest Speakers and Special Items: a) Presentation on Residents Survey b) Review Results of the Youth Advisory Council Survey c) Discuss Plans for Mayor's Housing Challenge Campaign d) Discuss Youth Advisory Council Participation in Plymouth on Parade Event COMMITTEE UPDATES: a) Youth Service Awards Committee b) Intergenerational Committee c) Youth Town Forum Committee d) Marketing Committee e) Ad hoc Web planning Committee Future agenda items a) Select Youth Representative on Hennepin County Chemical Health Coalition b) Discuss Fall Meeting Schedule c) Approve Goals and objectives for Coming Year d) Discuss Youth Center Possibilities S. Adjournment 6. Additional Materials: a) July, August, and September Official City Meeting Calendars b) Sun Sailor story on the Youth Advisory Council C) Thoughts from a former Youth Advisory Council Member NEXT MEETING: MONDAY, AUGUST 16 Time Allotment 6:45-6:50 6:50 —7:20 7:20-7:25 7:25-7:30 7:35 PLANNING COMMISSION AGENDA WEDNESDAY, JULY 21, 2004 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 July 7, 2004 Planning Commission Meeting Minutes. B. Bradley and Diane Hesslund. Approve variance for 29.7% impervious surface coverage to allow construction of a screened porch for property located at 3220 Pineview Lane North. (2004060) C. Dean Hildebrandt. Approve variances for a 16 -foot front yard setback and 32% impervious surface coverage to allow construction of a 56 square foot addition and a 528 square foot detached garage for property located at 2475 Hemlock Lane North. (2004067) D. Dominium Development & Acquisition, LLC. Approve site plan amendment and variances for Willow Woods Estates located at 10810 South Shore Drive. (2004068) 6. PUBLIC HEARINGS A. Three Rivers Park District. Site plan amendment and conditional use permit to allow construction of a cold storage building for property located at 12655 County Road 9, within French Regional Park. (2004065) B. Mark and Christine Litchy. Conditional use permit for an 8 -foot high fence where 6 feet is the maximum allowed for property located at 16110 -14th Avenue North. (2004069) C. Carlson & Harrington, Inc. Conditional use permit for the installation of ground equipment related to the existing telecommunications tower in the Forestview Lane North right-of-way located near the intersection of Forestview Lane North and Ridgemount Avenue. (2004074) 7. NEW BUSINESS A. Terri Naughtin. Variance for a 10 -foot side yard setback to allow construction of a two -stall (26'x 26') garage addition for property located at 1315 Shadyview Lane North. (2004071) 8. ADJOURNMENT OFFICIAL CITY MEETINGS July 2004 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 Jun 2004 Aug 2004 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 29 30 31 4 5 6 7 8 9 10 INDEPENDENCE INDEPENDENCE 7:00 PM DAY DAY PLANNING (OBSERVED), City COMMISSION, Offices Closed Council Chambers 11 12 13 14 15 16 17 5:30 PM SPECIAL COUNCIL MEETING: BUSINESS SUBSIDY POLICY, Public Safety Training Room 12:00 PM YOUTH ADVISORY COUNCIL RETREAT, Hilde Performance Center 7:00 PM REGULAR COUNCIL MEETING, K C.0 Cn.mean 7:00 PM HOUSING & REDEVELOPMENT AUTHOR fTY (HRA), Medicine Lake Room 18 19 20 21 22 23 24 6:45 PM YOUTH 5:30 PM -8:00 PM 7:00 PM ADVISORY GREEN TOUR OF PLANNING COUNCIL, Council PLYMOUTH, COMMISSION, Chambers depart from Council Chambers Plymouth Creek Center 25 26 27 28 29 30 31 ".s nM PLrNauTN BUSINESS COUNCIL, 5Nvtw, 7:00 PM MirvrpWi. W.H IINI PLYMOUTH ADVISORY COMMITTEE ON 5.XO SPECUL NCIL TRANSIT( ACT) - MEETING WATER CONSER-T—OP —S. Medicine Lake wRN S.., T,.««,,, Rear Room MEPMG COUNCIL MEETING,G,CwncA CN.mbx. modified on 7/14/2004 OFFICIAL CITY MEETINGS August 2004 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 5:30 PM NATIONAL NIGHT OUT 4 7:00 PM PLANNING COMMISSION, Council Chambers 5 6 7 8 9 5:30 PM SPECIAL MEETING: Reception for Surface Water Task Force, Lunch Room 7:00 PM SPECIAL COUNCIL MEETING: Receive Surface Water Task Force Report, Council Chambers 10 5:30 PM SPECIAL CITY COUNCIL MEETING: JOINT MEETING WITH CHARTER COMMISSION; Public Safety Training Room 7-W PM REGULAR COUNCIL MEETING. co�.,ACh.mu r. 11 7:00 PM ENVIRONMENTAL OUALrTY COMMITTEE (ECC), Council Chambers 12 7:00 PM PARK & REC ADVISORY COMMISSION (PRAC), Council Chambers 13 14 15 16 6:45 PM YOUTH ADVISORY COUNCIL, Council Chambers 17 18 7:00 PM PLANNING COMMISSION, Council Chambers 19 7:00 PM HOUSING 8 REDEVELOPMENT AUTHORITY (HRA), Medicine Lake Room 20 21 22 23 24 1,01 P11REGU5R Ocowcmwn 25 7:00 PM PLYMOUTH ADVISORY COMMITTEE ON TRANSIT (PACT) - Medicine Lake Room 26 27 28 7:00 PM SPECIAL COUNCIL MEETING: Budget Study Session, Public Safety Training Room 29 30 6:45 PM YOUTH ADVISORY COUNCIL, Council Chambers 31 Sep 2004 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Jul 2004 S M T W T F S 7:00 PM SPECIAL COUNCIL MEETING: Budget Studay Session, Public Safety Training Room 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 modified on 7/14/2004 OFFICIAL CITY MEETINGS September 2004 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 Aug 2004 Oct 2004 S M T W T F S S M T W T F S 7:00 7:00 HUMAN PLANNING RIGHTS 1 2 3 4 5 6 7 1 2 COMMISSION, COMMISSION - 8 9 10 11 12 13 14 3 4 5 6 7 8 9 Council Chambers Medicine Lake Room 15 16 17 18 19 20 21 10 11 12 13 14 15 16 22 23 24 25 26 27 28 17 18 19 20 21 22 23 29 30 31 24 25 26 27 28 29 30 31 5 6 7 8 9 10 11 LABOR DAY - City Offices Closed 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE (EQC),Counl' Chambers 7:00 PM PARK & REG ADVISORY COMMISSION (PRAC), Council Chambers 7:00 PM SPECIAL COUNCIL MEETING: Budget Study Session, Public Safety Training Room 12 13 14 15 16 17 18 6:45 PM YOUTH ADVISORY COUNCIL, Council Chambers PRIMARY ELECTION DAY - Polls are Rosh Hashanah begins at sunset 7:00 PM HOUSINGS REDEVELOPMENT AUTHORITY (HRA), Medicine Lake Room 700 PM REGULAR COUNCIL MEETING, CovKi Cromban open 7 AM - 8 PM CITY HALL OPEN UNTIL 7:00 PM FOR ABSENTEE VOTING 19 20 21 22 23 24 25 7:00 PM PLANNING COMMISSION, Council Chambers Yom Kippur begins at sunset 9:00 AM PLYMOUTH CLEAN-UP DAY, 7:00 PM PLYMOUTH ADVISORY COMMITTEE ON TRANSIT (PACT) - Medicine Lake Room Public Works Maintenance Facility 26 27 28 29 30 6:45 PM YOUTH ADVISORY COUNCIL, Council Li:45 AM PLYMOUTH BUSINESS COUNCIL, Sromm� Mvw�pob W�a 12201 Rdp.daM D—, M4 W.k. Chambers 7'00 PM REGULAR COUNCIL MEETING, co��l cromwns modified on 7/14/2004 Tentative Schedule for City Council Agenda Items July 27, Special, 5:30 p.m., Public Safety Training Room • Discuss Water Conservation Options • Set future study sessions • Approve variance to allow construction of a detached garage in the front yard for property located at 15905 9"' Avenue North. Jason and Lori Hahn. (200403 0) • Approve conditional use permit to allow the sale and rental of skid loaders in the I-2 General Industrial District for property located at 5505 State Highway 169. Top Notch Equipment. (2004047) • Approve conditional use permit to allow a 75 -foot monopole antenna tower and related ground equipment in the Forestview Lane right-of-way located roughly 725 feet south of the South Highway 55 Service Road. VoiceStream Minneapolis, Inc. d/b/a T -Mobile. (2004053) • Approve variance to allow 29.7% impervious surface coverage to allow construction of a screened porch for property located at 3220 Pineview Lane North. Bradley and Diane Hesslund. (2004060) • Approve amendment to Section 21465.03 of the Plymouth Zoning Ordinance to add medical, dental, and chiropractic offices and clinics as permitted uses in the C-3 (Highway Commercial) Zoning District. Endodontic Professional Associates. (2004063) • Rezoning from FRD (Future Restricted Development) to B -C (Business Campus), preliminary plat, site plan, conditional use permit, and variances to allow an 11 -unit office condominium development on a roughly 3.7 -acre parcel located south of Old Rockford Road and west of Peony Lane. Mohagen Hansen Architectural Group. (200405 1) • Variance for lot width to allow a minor subdivision to create two lots for property located at 5780 Oakview Lane North. Boyer Palmer. (2004054) • Sale of City -owned property at the southwest corner of Northwest Boulevard and Schmidt Lake Road. July 27, Regular, 7:00 p.m., Council Chambers • Consider proposals for purchase of City -owned land at Schmidt Lake Road and Northwest Blvd. • Approve exemption for a Lawful Gambling License for the Metro Chapter of the Minnesota Waterfowl Association August 9, Special, 5:30 p.m., City Hall • Presentation by Surface Water Task Force August 10, Special, 5:30 p.m. Public Safety Training Room • Joint Meeting with the Charter Commission August 10, Regular, 7:00 p.m., Council Chambers • Award bid for public safety building expansion Note: Special Meeting topics have been set by Council; all other topics are tentative. )0 • Consider land use guide plan amendment to reguide the townhome portion of the Mission Ponds development from LA -1 (Living Area 1) to LA -2 (Living Area 2) to allow the construction of one single family home on 37`h Avenue North. Carson, Clelland and Schreder. (2004026) August 23, Budget Study Session, 7:00 p.m., Public Safety Training Room August 24, Regular, 7:00 p.m., Council Chambers • Award bid for water treatment plant improvements • Consider Snowmobile Ordinance August 31, Budget Study Session, 7:00 p.m., Public Safety Training Room September 7, Budget Study Session, 7:00 p.m., Public Safety Training Room September 13, Regular, 7:00 p.m., Council Chambers • Adopt preliminary 2005 budgets and tax levies MINNESOTA REAL ESTATE JOURNAL - HOMEs tiiYES a st7E�3C#ItC CONTACT s EVENTS I lo AQVER11151NC � � • � : • � Thursday July 08 2004 CSM's Plymouth retail project advances City Council approves comprehensive plan change. Staff writer REJournals.com CSM Corp.'s Shops at Plymouth Creek project recently won a nod from the Plymouth City Council, which approved a comprehensive plan change. The developer plans to build about 225,000 square feet of retail space, and either 50 housing units or a daycare facility on a 28 -acre site at Highway 55 and Vicksburg Lane. The retail portion of the project will be anchored by a 134,000 square foot Lowe's home improvement store. Other interested users in the site include Walgreens, M&I Bank, McDonalds, Pier One and Michaels, says John Gelderman, a development manager with CSM. In a 4 -to -1 vote in early June, the Plymouth Planning Commission voted to recommend approval for a reguiding of the land from industrial to commercial use. A former Dana Corp. facility is located on the site. The City Council approved the comprehensive plan change on June 28. It was last fall when CSM's previous plan, which called for a large retail complex, was rejected by the Plymouth City Council due to neighborhood concerns about potential traffic and noise. Since then the developer has been working with the city and its residents to adapt that plan. While the original plan called for a significant amount of retail with two anchors -- Lowe's and Kohl's -- the revised plan calls for a mixed-use project with a single anchor and less retail. The residential or daycare building will act as a buffer between the retail and the existing neighbors. Gelderman says that improvements for the intersection of Highway 55 and Vicksburg are scheduled for completion before the Lowe's -anchored center opens, should help alleviate traffic congestion. CSM is expecting a fall 2005 opening of the center. "The process with the city will probably take us to about the end of the year and then we'll start permitting and bidding during the winter, and then break ground in April," Gelderman says. "Then we'll have tenants in the building around Thanksgiving." Would you like to advertise with us? Learn how you can. Minnesota Real Estate Journal 9555 James Ave. S. Suite 240 Bloomington, MN 55431 1-888-516-7939 rd Real Estate Communications Group 415 N State Street Chicago IL 60610 1-888-753-7828 Copyright 2000-2003 © Real Estate Communications Group. By using this site you agree to the Terms _Of_Use,. News Release Tremere Selected as Council's Community Development Director Contact: Steve Dornfeld, 651.602.1518 ST. PAUL (July 9) - Blair Tremere, a member of the Golden Valley City Council and a former planning official for several local communities, has been named director of community development for the Metropolitan Council. The appointment was announced by Tom Weaver, regional administrator of the Met Council, who said: "Blair Tremere will bring to the Council a wealth of experience in planning and public administration at the local and state levels. He is well prepared to work with local officials and coordinate regional planning efforts." As community development director, Tremere will oversee the Council's programs and staff in the areas of planning, research, housing, and regional parks and open space. Blair Tremere Tremere is not new to the work of the Met Council. He has served on the Council's Land Use Advisory Committee and as chair of its Livable Communities Advisory Committee. The latter group screens applications and makes recommendations for about $14 million a year in grants to local communities to help clean up contaminated lands, expand the supply of affordable housing and encourage development that links housing, jobs and services. Since 1999, Tremere has served as the administrator for several Minnesota House committees, including the Committee on Local Government and Metropolitan Affairs. Previously, Tremere served for 23 years in planning and managerial roles in local government - including 13 years as director of community development for Plymouth, two years as assistant city manager of Brooklyn Center and five years as planning and inspection director of that city. He also served as assistant city manager/economic development director of Prior Lake for two years. A resident of Golden Valley since 1977, Tremere served as mayor of that city in 1994-95 and was elected to a four-year term on its City Council in 2001. He has resigned from the City Council effective July 21 to accept his new position with the Met Council. The Metropolitan Council is the regional planning organization for the seven -county metro area. The Council advocates for vital communities, cost-effective services and a competitive region. It runs the regional bus system, collects and treats wastewater and manages water resources preservation, plans regional parks and administers funds that provide housing opportunities for low- and moderate -income individuals and families. The 17 -member Metropolitan Council is appointed by and serves at the pleasure of the governor. -30- Ben isle, i;ij;,,i. ci L.4 o- c.. JCi vi" at 36th St. and Belt Line Blvd. Park rules will be explained and permits to use the park will be for sale. For more infor- mation, call 952-924-2540. ST. LOUIS PARK AREA RENT- AL COALITION: Thursday, noon, at City Hall: A presenta- tion will be given on marketing properties, and the city clerk will distribute voter registra- tion cards and absentee bal- lots that can be passed on to ISSUE UPDATE HOPKINS July 6: The City Council ap- proved a plan for a new club house at the Oakridge Country Club. A new pool. basketball court arid playground are also planned. Also, the council ap- proved a proposal to build a new "Grill and Chill Dairy Queen" restaurant on the site of the former Wendy's restau- rant at 510 Blake St. BRIDGE PROJECT TO CLOSE LUCE LINE TRAIL THE TRAIL: The Luce Line State Trail stretches from Plymouth to Cosmos in Meeker County, 63 miles to the west. The trail was converted from a railroad line. THE PROJECT: The Minnesota Department of Transportation is removing lead-based paint from a Hwy. 55 bridge and then re- painting it. The bridge spans a widely used Three Rivers Park District trail in Plymouth that leads to the start of the Luce Line State Trail. THE CLOSING: Because of the bridge project, the park district trail will be closed for up to a week starting on Friday. There is no alternate crossing over or under Hwy. 55. THE RESURFACING: The first 20 miles of the Luce Line State Trail, from Plymouth to Watertown, also are being resurfaced this summer with a new layer of crushed limestone. Various sections of the trail are expected to be closed from time to time. Work is expected to be completed by Aug. 31. THE ASSOCIATION: The Luce Line Trail Association is dedicated to preserving and improving the trail. For more information, go to: www.frontiernet.net/—gbuehl/LLTA.htmI M1, lien Slenernuin startribune.com Close window Last update: July 11, 2004 at 1:07 PM Group leads charitable efforts in Plymouth Published July 14, 2004 In 2002, a group of Plymouth residents started talking about ways to maintain and improve the city's quality of life, even as government budget cuts curtail resources. The Plymouth Community Foundation, which officially was launched a year ago, is the result of those conversations. Board member Larry Brauch said the foundation aims to steer charitable giving to four main areas -- youth and the elderly, open spaces, social services and education -- where donors can make an impact locally. "We maybe able to fill the void," he said. The foundation's first big project is a gateway to mark the entrance to the Hilde Performance Center and Plymouth Amphitheater. Students and local artists are being asked enter a contest to design the gateway. The winning design will be submitted to professional architects and engineers. The foundation is trying to raise its visibility within the community and attract more donors, Brauch said. Fundraising has begun for the gateway and for other projects that are still in the planning process. The foundation can be contacted at P.O. Box 47093, Plymouth, MN 55447. After 10 years running the Deephaven police department, Chief Harlan Johnson is resigning to take a job as executive director of the Minnesota Chiefs of Police Association. A committee will start looking for Johnson's successor later this month, but the City Council has told committee members to look close to home, City Administrator Dana Young said. The council wants to find the next police chief within Deephaven's police force, Young said. The council feels "very comfortable" with the idea that a good candidate can be found. After the committee conducts interviews, the names of three top candidates will be forwarded to the City Council later this summer. For now, police Lt. Virgil Gustafson has been installed as the interim police chief. The Medina City Hall needs some updating, city officials have decided. There's not enough storage and working space, and the lighting inside the building is 27 years old and in poor condition. City Administrator Chad Adams said an expansion to the City Hall isn't necessary. The city has budgeted $72,000 to replace the lighting and remodel the building. More usable space should result. The council's chambers may get a new look as well, Adams said. The improvements will likely be made this year. Ben Steverman is at bsteverm ar:(a`martribune com. 0 Copyright 2004 Star Tribune. All rights reserved. startribune _C_om Clo...se.._window Last update: July 14, 2004 at 12:03 AM For a lesson or a quick nine, Eagle Lake aims to please Brian Stensaas Star Tribune Published July 14, 2004 It's not the most challenging course in the area, and it's surely not one of the longest. But those are two features that draw scores of daily visitors to the Eagle Lake Golf Center in Plymouth. On a course in just its third full season of operation, head professional Brian Pabst estimates that upwards of 400 golfers are signed up for golf leagues at Eagle Lake and another 500 are registered for lessons this summer. And many others come at random times simply to get in nine holes in 90 minutes. "They feel comfortable here," Pabst said. "A lot of times at a high-end course, there's a lot of intimidation," he said, "like they're being thrown into the deep end of the pool without knowing how to swim. Here, we teach them." Eagle Lake is one of two west -metro golf academies run by the Three Rivers Park District; the other is Glen Lake Golf and Practice Center in Minnetonka. Both offer golfers of any age several options. Eagle Lake, in addition to a nine -hole executive course, has a sizeable lighted driving range and a nine -hole pitch -and -putt course are open daily until 10:30 p.m. Add a pro shop, two practice putting greens and the lessons, and it's a golfing haven. "It's great for different people of all abilities," Pabst said. And it's not just kids taking lessons. Doug Squire, a Plymouth resident whose son Bryan works at Eagle Lake, recently took his first-ever golf lesson. Though the self-taught 44 -year-old has been golfing since he was a teenager, he was interested in gaining some distance on his shots and becoming more consistent. He received a gift certificate for an hour-long lesson and decided to put it to use. After an initial assessment using a video camera, Squire and Pabst went back to the clubhouse where recordings of Squire's swing were dissected in slow motion on a computer program. Following several looks at Squire's swing — including one where it was compared side-by-side to the trajectory of Tiger Woods' motion — they headed back out to the range to experiment with some new techniques. Though some of his shots weren't so straight and others just didn't feel right, Squire said he was pleased with the lesson. "I didn't want to change my whole swing," Squire said. "I just wanted to see my flaws and hope to correct them. I picked up a few good things." Along with the complete schedule of lessons for all ages, Eagle Lake prides itself as being a member of the First Tee program, an international effort to create affordable golfing facilities and programs for kids. Pabst said he especially enjoys working with the younger groups because he feels he is doing more than just teaching golf. "We use golf to teach life success," he said. "They learn perseverance and how to be honest." Participating in a tournament last week, Pabst swung and missed while attempting a shot between two trees. He said he will use the example to relate to his students. "It's not the easiest game in the world," he said. "We all share frustrations. That helps the kids out." /6- DATE: July 12, 2004 TO: Laurie Ahrens, City Manager '' Y, FROM: Anne Hurlburt, 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 June 2004. The average daily population reported for the Plymouth facility was 539, 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. (00 600 500 c U 400 m cis 300 L d a 200 100 0 00 CO M M. CO M L O O U >, — N 6 M M m V' —moi Z Q U- 0 2 Z Q Month/Year HCACF Monthly Population Report [:]CUP Limit ■A%erage Count PLYMOUTH FIRE DEPARTMENT MONTHLY REPORT JUNE 2004 PLYMOUTH FIRE DEPARTMENT MONTHLY REPORT JUNE 2004 Monthly Synopsis Year-to-date (YTD), the Department answered 645 calls for service. This compares to 608 calls for service in 2003 (YTD). The highest call volume in June occurred between the hours of 3:00 p.m. and 6:00 p.m. Thursday was the busiest day of the week. Seventy percent of calls occurring in June were "Duty Crew" calls. Responses were divided between the fire stations as follows: Station I (13205 Co. Rd. 6) 35 Station II (12000 Old Rockford Rd.) 50 Station III (3300 Dunkirk Ln.) 28 June 2004 in-service and on -scene (total response) times for emergency events are as follows. Duty Crew and non -duty crew times, as well as station responses, are noted. Significant or Unusual Events In June the following responses are notable: June 2 Apartment fire (4:50 p.m.) June 4 Vehicle accident with entrapment (10:23 a.m.) June 29 Commercial building fire (5:40 p.m.) During the month of June, six calls were paged general alarm. The average attendance for these calls was twenty-two members of the Department. Training During the month of June, five topics were offered during eleven regularly scheduled in-house training sessions. These topics included Skills, Fire Streams, Pumping, Water Rescue, and Make -Up Training. Additional training opportunities were offered during Rookie Training and Duty Crew, and for members of the Hazardous Materials Team and RAD team. Fifty-nine members participated in training activities during the month. The total number of hours spent on in-house and outside training activities was 605 — an average of over ten hours per participating member. 1S` Truck 1" Truck 2nd Truck 2nd Truck Duty Crew In -Service On -Scene In -Service On -Scene # Calls 1:16 7:12 2:36 7:45 26 Non -Duty Crew 5:46 10:42 5:49 10:20 8 Station I 5:50 9:41 N/A N/A 6 Station II 5:34 13:47 5:49 10:20 2 Station III N/A N/A N/A N/A 0 Significant or Unusual Events In June the following responses are notable: June 2 Apartment fire (4:50 p.m.) June 4 Vehicle accident with entrapment (10:23 a.m.) June 29 Commercial building fire (5:40 p.m.) During the month of June, six calls were paged general alarm. The average attendance for these calls was twenty-two members of the Department. Training During the month of June, five topics were offered during eleven regularly scheduled in-house training sessions. These topics included Skills, Fire Streams, Pumping, Water Rescue, and Make -Up Training. Additional training opportunities were offered during Rookie Training and Duty Crew, and for members of the Hazardous Materials Team and RAD team. Fifty-nine members participated in training activities during the month. The total number of hours spent on in-house and outside training activities was 605 — an average of over ten hours per participating member. Recruitment During the month of June, sixty-four paid -on-call firefighters served the City of Plymouth. One member left the department. We are in the process of conducting background investigations and psychological examinations for six probationary firefighter candidates. Duty Crew The Duty Crew Program was in operation on all 22 weekdays during the month. Forty-one members participated in the program. In June, 98% of all shifts were fully staffed with at least four firefighters. During our busiest time period (3:00 p.m. to 6:00 p.m.) 100% of the shifts were fully staffed with at least four firefighters. A staffing summary for the month, by shift, is included below. Staffing: 0600-0900 0900-1200 1200-1500 1500-1800 1800-2100 5 Firefighters 86% 86% 77% 100% 82% 4 Firefighters 14% 14% 14% 0% 18% 3 Firefighters 0% 0% 9% 0% 0% No Staff 0% 0% 0% 0% 0% pLYMOVTK Plymouth Fire Department MINNESOTA Monthly Fire Prevention & Life Safety A� _ A Education Report FIRE -RESCUE Reporting Period: June 2004 Type of Program Number Time Spent Total Monthly of Programs Per Program Program Hours Station Tour 2 1 Hour 2 Hours Birthday Parry/Station Tour Pre-school Visits 3 .5 Hour 1.5 Huts Adopt a Hydrant Program Bike Helmet Sales 5 3 Hours 15 Hours K-6 Education Safety 1 Safety Fair 2 Hours 2 Hours Fairs/Community 30 Car Seats .75 Hours 22.50 Hours Events CPS Certification Safe Escape House Career Talk Fire Department 1 6 Hours 6 Hours Open House Smokebusters 3 Smokebusters .75 Hour 2.25 Hours Smokebusters for for Seniors Seniors 6 Smokebusters .75 Hour 4.5 Hours Fire Extinguisher 5 1 Hour 5 Hours Training/EDITH Misc. Community 1 Block Party 2 Hours 2 Hours Presentation Misc. Outreach 1 NNO 1 Hour 1 Hour Meeting 3 Summary • 58 Monthly Programs 37% of 173 hour • 64 Hours of month, 52 hour work Programming week was • 1 Hour Averaged Per committed to Public Program Education 50 40 30 20 10 0 14:24 12:00 9:36 7:12 4:48 2:24 0:00 $1,050,000 $850,000 $650,000 $450,000 $250,000 $50,000 800- 600 - 400 - 200 0 PLYMOUTH FIRE DEPARTMENT MONTHLY REPORT Station Comparison 50 l 28 0 Jun -04 1 2 3 Response Time for Emergency Calls 7:12 Duty Crew 10:42 Not Duty Crew Fire Loss Summary Year -to -Date 1/1/03-6/30/03 1/1/04-6/30/04 Total Calls Year -to -Date 608 645 -- 1/1/03-6/30/03 7/15/2004 1/1/04-6/30/04 PLYMOUTH FIRE DEPARTMENT MONTHLY REPORT Calls by Time of Day 30- 0204-10 20- 44- 10 0 0600-0900 0900-1200 1200-1500 1500-1800 1800-2100 2100 -MM 0000-0300 0300-0600 Calls by Day of Week 35 ------- -- 30 j 20 I El Jun -03 _ 15 Jun -04 10-- 5 0 Events By Category Other Fires Overpressure/ 10% Explosions 2% Severe Weather 0% 0% Rescue/EMS 8% False Alarms Hazardous 35% Conditions 16% Service Calls Good Intent Calls 10% 19% 7/15/2004 DUTY CREW STAFFING 12% June 2004 7 0% S6% CALLS FOR SERVICE June 2004 D 5 Firefighters 1:14 Firefighters ❑ 3 Firefighters ❑ Duty Crew ® Non -Duty Crew 4� t • 4 O + + 1 11111111 � i �1 111 It w CITY OF ISAINT PAUL V vv 1 M if l �.-i l�U l4� U U 1119J��J i ct> •�t July 12, 2004 Dear Colleagues: Over the past several years we have all come to learn a great deal more about the public health dangers of second-hand smoke. This accumulated body of scientific knowledge certainly justifies us revisiting our smoking policies on a local, regional, and statewide basis. In fact, within the last few years and in the face of this mounting evidence regarding the harm from second-hand smoke, a handful of Minnesota local governments have considered and implemented smoking ordinances. More recently, a statewide smoking ban was considered at the State Legislature and many of our own colleagues in surrounding communities have engaged in discussions about the best way to impose local restrictions on smoking. Last week a group of local elected officials met to discuss the value of a regional, coordinated effort to restrict smoking. Our meeting brought agreement to share information about various approaches with local officials in the seven -county area. Our meeting also brought agreement that a regional approach to regulating smoking makes sense from both a public health and an economic standpoint. With a regional approach, we can set aside the false choice of health versus economics that is presented when one local jurisdiction tries to regulate commerce on its own. The people of our region deserve no less. To that end, we have enclosed for your review some background materials outlining the various approaches taken by other communities here in Minnesota and throughout the country. We have also enclosed a few specific ordinances for your use in discussion in your own communities. Whether you are just beginning to wade into this issue, or have already begun deliberations, we ask that you share your thoughts and ideas with us. In addition to the work taking place locally and statewide, we truly believe a regional network and implementation structure will help make this effort a success for everyone. Please do not hesitate to contact one of us if you have a question, or want to participate in a regional discussion. For our residents, visitors, business owners and employees in our communities, we will continue to work to find the best solution to this problem. Sincerely, Randy C. Kelly Mayor of Saint Paul 15 West Kellogg Boulevard 390 City Hall St. Paul, MN 55102 651-266-8510 (Office) .- Email -- randy.kelly(@ci.stpaul.mn.us Gail Dorfm Hennepin County Commissioner A-2400 Government Center Minneapolis, MN 55487-0240 612-348-7883 (Office) Email: Rail.dorfman(@co.hennepin.mn.us Susan Haigh Ramsey County Commissioner Room 220 Court House 15 W. Kellogg Blvd. St. Paul, MN 55102 651-266-8364 (Office) Email: Susan.M.Haigh(@co.ramsey.mn.us Scott Benson Minneapolis Councilmember 350 South Fifth Street 307 City Hall Minneapolis, MN 55415 612-673-2211 (Office) Email — scott.benson a,ci.minneapolis.mn.us ti Gf , Kathlee A..Gaylord_ ... 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O C N O E a) c) c) Y C1 Y> N L C Y F- O E N E a) L N m oi0,aa)) N� cc Tw(D O Co °O •^w E3'0 O Eaa))aa) -4 C E O a)C U Y = m o E C w L N m a) 00 « a) N N a) U p a) N N m 0 Y m . a) 7 O C N dL N a C 7 0 C- r L L N O_ O L E N•>� O N Vl N a) 0 a) y} c L O€ r U 7 C N C N w ` N Cu E m di a) H— h c D a) m m C L; Q p 6 'L C 0¢ E E C D E N •EO c U Q E ccc « C a) o v a)u m E �� N E c� E� nom, vna)a v Lm `o y Co a) R C L° C O t L m— NO r y a) — y N O. o N� N U j (a 3U N C ` 0 a) D- o .0 coo c' a)v E m m e m E 0 ��a 3 C C d aa)) m rn L o Lm.a) O L O a) a m W U d Lu : a O d h 0 d 0 O N m 0 O m a CD d N CL L O O P = m F - mm • . • F-Eaa F-mmU L_ O O Cu a1 L U = `O a c mp OO N 0 a) N r,Z N •N Zv p c_oi U�c Q m E �N .� ai a) }air O a hi V !n v) 2 vo p m con 2 Kil Dln/i�+ed Coua Resolution No. 01-102 WHEREAS, non-smoking sections in buildings do not eliminate non-smokers' exposure to second-hand smoke (U.S. Environmental Protection Agency Office of Air and Radiation IARC Scientific Publications 81:25-41, 1987); and WHEREAS, carcinogens found in Environmental Tobacco Smoke (ETS) are causally related to cancer. It is estimated that every year 3,000 non-smokers in the U.S. die of lung cancer related to ETS (60 deaths in MN). To date, over 50 substances in second-hand smoke have been identified as carcinogens. (U.S. Department of Health and Human Services; Health Effects of Exposure to Environmental Tobacco Smoke, 1999); and WHEREAS, annually between 35,000 and 62,000 non-smokers die in the U.S. (700 to 1,240 deaths in MN) from Ischemic heart disease related to ETS (U.S. Department of Health and Human Services; Health Effects of Exposure to Environmental Tobacco Smoke, 1999); and WHEREAS, each year 9,700 to 18,600 low birth weight babies born in the U.S. (190 to 370 in MN) are causally related to ETS (U.S. Department of Health and Human Services; Health Effects of Exposure to Environmental Tobacco Smoke, 1999); and WHEREAS, annually between 1,900 and 2,700 deaths from Sudden Infant Death Syndrome (SIDS) occur in the U.S. (30 to 50 deaths in MN) related to ETS (U.S. Department of Health and Human Services; Health Effects of Exposure to Environmental Tobacco Smoke, 1999); and WHEREAS, irritants in ETS cause 150,000 cases annually of bronchitis and pneumonia (3,000 cases in MN). Irritants also cause 700,000 cases annually of middle ear infections in children in the U.S (14,000 in MN) (U.S. Department of Health and Human Services; Health Effects of Exposure to Environmental Tobacco Smoke, 1999); and WHEREAS, a review of 2000 children in Olmsted County has shown an average of 17.3% having asthma, which is 2.5 times the national average (study conducted by Dr. Barbara Yawn, Olmsted Medical Center researcher). Asthma that becomes worse due to ETS occurs in 400,000 children annually in the U.S. (8,000 children in MN) (U.S. Department of Health and Human Services; Health Effects of Exposure to Environmental Tobacco Smoke, 1999); and WHEREAS, ETS rapidly diffuses throughout a room. Using indoor air quality standards, ventilation rates would have to be increased more than a thousand- fold to reduce cancer risk associated with ETS. Such ventilation rate would result in a virtual windstorm indoors (Repace, J. "Risk Management and Passive Smoking at Work and at Home," St. Louis University Public Law Review, 13(2): 763-785, 1994); and WHEREAS, the U.S. Department of Health and Human Services Healthy People 2010 has as one of its objectives to cut exposure to ETS by non-smokers from 65% in 1994 to 45% in 2010 (U.S. Department of Health and Human Services Healthy People 2010, Washington D.C., U.S. Department of Health Human Services 2000); and WHEREAS, sifting in a smoke-free section of a restaurant for two hours is like smoking 1 Y2 cigarettes (Presentation by Katherine Hammond, PhD, University of California School of Public Health); and WHEREAS, nine out of ten non-smokers are exposed to ETS at least once every 2 to 3 days (Journal of the American Medical Association, January 1998); and WHEREAS, Minnesota Statute § 145A.04 establishes the powers and duties of a Board of Health to enforce ordinances related to public health for the territory within its jurisdiction; and WHEREAS, Minnesota Statute § 145A.05 authorizes a County Board to adopt ordinances to regulate actual or potential threats to the public health and to define public health nuisances and to provide for their prevention; and WHEREAS, after due public notice a hearing was held on November 13, 2001, by the Olmsted County Board of Commissioners, pursuant to Minnesota Statute 375.51. NOW, THEREFORE BE IT RESOLVED, that the Olmsted County Board of Commissioners as the Public Health Board for Olmsted County adopts the "Olmsted County Smoke-free Restaurant Ordinance", as on file in the County Administrator's office, on this 13th day, of November, 2001 Dated: November 13, 2001 BOARD OF COUNTY COMMISSIONERS Jean Michaels, Chairperson ATTEST: Richard G. Devlin, Clerk -Administrator RESOLUTION NO. 01-102 The County Board of the County of Olmsted, Minnesota, ordains: SECTION A. Title: This ordinance shall be known and referenced as the Olmsted County Smoke-free Restaurant Ordinance. SECTION B. Jurisdiction: Subd. 1. As provided in MN Statute§145A.05, this ordinance applies throughout all of Olmsted County, including the municipalities therein. Subd. 2. As provided in MN Statute §145A.04, the Community Health Board is authorized to enforce laws, regulations, and ordinances within its jurisdictional area. Subd. 3. Nothing in this ordinance shall prevent other local levels of government, within Olmsted County, from adopting more restrictive measures to protect citizens from second-hand smoke. SECTION C. Definitions: Subd. 1. Definitions in this ordinance pertain only to this ordinance. Subd. 2. Bar. "Bar" shall mean any establishment that a) has an on -sale 3.2 percent malt liquor license issued pursuant to Minn. Statute § Section 340A.403; or an on - sale intoxicating liquor license issued pursuant to Minn. Statute § Section 340A.404; and b) whose sales of beer, malt liquor, and intoxicating liquor is projected for an initial licensee to be - or is demonstrated for an existing licensee to be - more than 50 % (percent) of the total of net sales of food and beverages, after taxes that are served in the bar. These are the sales reported to Federal and/or State Revenue Authorities from the most recent liquor licensing year. However, sales for service to customers in a separately licensed business shall not be included as part of the total net sales for an establishment seeking this "bar" classification. Subd. 3. Establishment. "Establishment" means the portion of a building, including the infrastructure, that is typically reviewed, assessed, inspected, and included as part of the plan review, licensing, and monitoring processes of food and/or beverage facilities by the applicable public health licensing authorities. It also includes, in the case of multi-purpose buildings and rooms and for the purposes of this ordinance, those portions of the building that are being used for food and/or beverage services during an event. Subd. 4. Other Person in Charge. "Other Person In Charge" means the agent of the proprietor authorized to perform administrative direction to, and general supervision of, the activities within a public place at any given time. Subd. 5. Private Club. "Private Club" shall mean an incorporated organization organized under the laws of the state for civic, fraternal, social, or business purposes; for intellectual improvement, for promotion of sports, or for a congressionally chartered veterans' organization, which: a. a. has more than 50 members; and b. b. has owned or rented a building or space in a building for more than one year that is suitable and adequate for the accommodation of its members; and c. c. is directed by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent, or employee shall receive any profit from the distribution or sale of beverages to the members of the club, or their guests, beyond a reasonable salary or wage fixed and voted upon each year by the governing body; and d. d. does not restrict its membership on the basis of race, color, creed, religion or national origin. Any private club's exemption from the smoke-free provisions of this ordinance does not apply when such organization is established to avoid compliance with this Ordinance. Subd. 6. Proprietor. "Proprietor" shall mean the party, regardless of whether or not the party is owner or lessee of the public place, who ultimately controls, governs, or directs the activities within the public place. The term does not mean the owner of the property, unless the owner ultimately controls, governs, or directs the activities within the public place. The term "proprietor' may apply to a corporation as well as to an individual. Subd. 7. Restaurant. "Restaurant" shall have the meaning specified in Minn. Stat. Section 157.15, Subd.12. "Restaurant" includes those portions of a multi-purpose building that is being used for food and/or beverage services during an event. The term "restaurant" does not include a "bar," as defined in this ordinance. Subd. 8. Smoking. "Smoking" shall mean inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, weed, other plant substances or other lighted smoking equipment in any manner or in any form. SECTION D. Smoking Prohibited in Restaurants: Subd. 1. Smoking Prohibited. Except as provided in Subd. 2, smoking is prohibited in all indoor areas of any restaurant and its indoor entrance areas, commonly referred to as vestibules, alcoves, and foyers. Subd. 2 Exemptions. The prohibitions of subd.1 do not apply to the following places or situations: a. a. Bars, including those that are immediately adjacent to a restaurant, provided that the following separations are maintained: 1) 1) The bar is separated from the restaurant on all sides by continuous floor -to -ceiling walls, which are interrupted only by closeable doors, that are continuously closed, except when a person is actively entering or exiting the bar; and 2) 2) The bar ventilation systems are totally separated from the restaurant, with the bar maintaining a negative air pressure in relation to the adjacent restaurant; and 3) 3) Whose revenues from the sale of food in this portion of the restaurant are consistent with the definition in this ordinance; and 4) 4) Consistent with Minnesota Statute § 340A.503, Subd. 4. (b), the bar does not permit entrance or employment of minors at any time; and 5) 5) The bar has a Food and/or Beverage License, that is separate from the restaurant, issued by the appropriate licensing agency. b. b. Restaurants, that are closed to the public while being used for a private function. c. c. Private clubs, except when they are open to serve food or drink to the public that are not members of the club. Guests accompanied by members are considered the same as members. d. d. An event that includes licensed food and/or beverage service in any municipal owned and managed building, when the municipal governing body has declared specific portions of the building to be exempt for the event. Subd. 3. Proprietor's Right to Prohibit Smoking. Nothing in this ordinance prevents the proprietor or other person in charge from prohibiting smoking in their establishment. Subd. 4. Compliance with Minnesota Clean Indoor Air Act. Irrespective of any exceptions granted under authority of this ordinance, compliance must be maintained with the Minnesota Clean Indoor Air Act, as may be amended from time to time. Subd. 5. Exceptions Based on False Information. Exceptions and/or variances based on false information shall render any exception or variance null and void. SECTION E. Responsibilities of Proprietors: Subd. 1. Records required for exemption a. Applicants for food and/or beverage establishments claiming exemption allowed under Section D, Subd. 2 of this ordinance, shall annually provide, in conjunction with their public health administered Food and Beverage License renewal, a copy of the annual report of food and liquor sales records as provided to State Revenue Authorities from the most recent liquor licensing year. The report shall be submitted with a form supplied by Olmsted County Public Health and the information shall be provided under oath and penalty of perjury. The report and accompanying form shall be the basis for demonstrating whether or not the establishment continues to be eligible for the exemption from the smoke-free requirements of Section D. b. Prospective licensees of food and/or beverage establishments seeking to open such an establishment, with an exemption from the smoke-free requirements of Section D in this ordinance, shall provide a notarized affidavit and agreement in conjunction with their application for initial Food and Beverage License administered by Public Health. The affidavit and agreement shall show that their business plan projections indicate that they are eligible for such exemption and that they will convert to a smoke-free status if their records indicate, after six calendar months of operation, that the business is not eligible for continued exemption from the smoke-free requirements of this Ordinance. Subd. 2. Signage. a. a. Where smoking is allowed in a bar, private club, or a facility in which private functions are conducted, the proprietor, or other person in charge, shall conspicuously post a sign at all entrances to that area or facility stating one of the following: 1) 1) "This entire establishment is a designated smoking area" or 2) 2) "Warning -This area contains tobacco smoke, which causes cancer, heart disease, lung disease, and can harm you, your unborn baby, and children" b. b. If a bar, private club, or a facility in which private functions are conducted has both smoke-free areas and a designated smoking area, the proprietor or other person in charge shall conspicuously post, in addition to those messages required by the Minnesota Clean Indoor Air Act, signs at all initial entry points clearly stating "Warning -This area contains tobacco smoke." c. c. The proprietor shall also clearly indicate those areas inside the establishment where smoking is permitted and those that are smoke-free, through the use of signs required in this Subd. 2. d. The proprietor or other person in charge of a restaurant shall conspicuously post a sign at all entrances to the restaurant stating: "This entire establishment is smoke-free." The sign shall include the universal "no smoking" symbol. e. The placement and size of lettering for all signs and symbols required under this Ordinance shall be consistent with the Minnesota Clean Indoor Air Act, Minn. Stat. Sections 144. 411 to 144.417, and the Minnesota Clean Indoor Air Act Rules, Minnesota Rules, Part 4620.0100 to 4620.1450. Subd. 3. The proprietor or other person in charge shall ensure that ashtrays, lighters, and matchbooks are not provided in areas where smoking is prohibited. Subd. 4. The proprietor, or other person in charge, shall ask any person who smokes in an area where smoking is prohibited to refrain from smoking and, if the person does not refrain from smoking after being asked to do so, shall ask the person to leave. If the offending party refuses to leave, the operator shall handle the situation consistent with lawful methods for handling other persons acting in a disorderly manner or as a trespasser. Subd. 5. Compliance After Adoption: a. a. The proprietor or other person in charge shall be provided up to 30 (thirty) days after this ordinance is adopted to meet ordinance requirements. b. b. The Public Health Director is authorized to extend the time for completion, after considering a proprietor's written request for extension - that includes a detailed explanation of need - that the Public Health Director finds to be reasonable. c. c. Such extension, made at the Director's discretion, shall be limited to no more than 90 (ninety) days. Extensions beyond that authorized in this subdivision shall be according to the authorized appeals process. SECTION F. No Retaliation: No person shall discharge, refuse to hire, refuse to serve or in any manner retaliate against any employee, applicant for employment, or customer because such employee, applicant, or customer makes a report or files a complaint alleging a violation of this ordinance. SECTION G. Violations: Consistent with Minn. Stat. Sections 375.53 and 609.02, violations of this ordinance shall be a petty misdemeanor. SECTION H. Exceptions, Appeals, and Resolution of Violations: Administration of this ordinance, including guidance for, challenges to, and penalties shall be according to the authorities provided in Minnesota Statute Chapter 145A, other applicable Minnesota law, and the Olmsted County Environmental Services Administrative Ordinance. SECTION I. Severability and Savings Clause: If any section or portion of this ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that finding shall not serve as an invalidation, or affect the validity or enforceability of any other section or provision of this ordinance. SECTION J. Effective Date: This ordinance shall be in full force and effect January 1, 2002 pursuant to Minnesota law. Dated this 13th day of November, 2001. BOARD OF COUNTY COMMISSIONERS Jean Michaels, Chairperson ATTEST: Richard G. Devlin, Clerk -Administrator Article VII. Smoking in Public Places. Sec. 28-62. Findings of fact and statement of purpose. (a) The Duluth City Council finds the following facts to exist: (1) Tobacco smoke is a major contributor to indoor air pollution, and breathing second hand smoke is a cause of disease, including lung cancer, in nonsmokers. At special risk are children, elderly people, individuals with cardiovascular disease and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Many of these individuals cannot go into public places with second hand smoke due to their respiratory or allergenic handicap; and (2) Health hazards induced by breathing second hand smoke include, but are not limited to, lung cancer, heart disease, respiratory infection and decreased respiratory function; and (3) The simple separation of smokers and nonsmokers within the same airspace may reduce, but does not eliminate, the exposure of nonsmokers to environmental tobacco smoke for which there is no known safe level of exposure. (Ord. No. 9448, 6-12-2000, § 1; Ord. No. 9490, 5-29-2001, § 1.) Sec. 28-63. Definitions. For the purpose of this Article, the following words and phrases shall have the meanings given them in this Section. (a) Bar. Bar means an establishment that has an onsale 3.2 percent malt liquor license issued pursuant to Minnesota Statutes Sec. 340A.403, as amended from time to time, or an onsale intoxicating liquor license issued pursuant to Minnesota Statutes Sec. 340A.404, as amended from time to time, which does not serve food or which has a limited food menu selection as defined by Minnesota Statutes Sec 157.16, subd. 3(d)(1), as amended from time to time; (b) Bar/restaurant. Bar/restaurant means an establishment that has an onsale 3.2 percent malt liquor license issued pursuant to Minnesota Statutes Sec. 340A.403, as amended from time to time, or an onsale intoxicating liquor license issued pursuant to Minnesota Statutes Sec. 340A.404, as amended from time to time, and that holds a small, medium or large establishment food license as defined by Minnesota Statutes Sec. 157.16, subd. 3(d)(2)-(4), as amended from time to time; (c) Office. Office means any building, structure or area used by the general public or serving as a place of work atwhich the principal activities consist of professional, clerical or administrative services. An office includes professional offices, offices in financial institutions, business offices, telemarketing offices and government offices; (d) Other person in charge. Other person in charge has the meaning specified in the Minnesota Clean IndoorAirAct Rules, Minnesota Rules Part4620.0100, Subpart 10, as amended from time to time; (e) Proprietor. Proprietor has the meaning specified by the Minnesota Clean Indoor Air Act Rules, Minnesota Rules Part 4620.0100, Subpart 13, as amended from time to time; (f) Public conveyance. Public conveyance means any air, land or water vehicle used for the transportation of persons for compensation, including but not limited to airplanes, trains, buses, boats and taxis; (g) Public place. Public place means any enclosed, indoor area used by the general public, including, but not limited to, restaurants, retail stores, offices and other commercial establishments, public conveyances, bars, hospitals, auditoriums, arenas, meeting rooms and common areas of hotels and motels, but excluding bowling alleys and pool halls until April 1, 2003, and excluding private, enclosed offices occupied exclusively by smokers even though such offices may be visited by nonsmokers; (h) Restaurant. Restaurant means any building, structure or area used as, maintained as, advertised as or held out to the public for food service as defined in Minnesota Rules Part 4625.2401, Subpart 15, which requires licensure under Minnesota Statutes, Chapter 157; (i) Retail store. Retail store means that portion of a commercial occupancy used for the transaction of business or the rendering of a service directly to the public, including shops, retail food stores, laundries or laundromats and department stores; 0) Room. Room means any indoor area bordered on all sides by a floor to ceiling wall. The sides must be continuous and solid except for closeable doors for entry and exit; (k) Smoking. Smoking includes possessing or carrying a lighted cigar, cigarette, pipe or any other lighted smoking equipment. (Ord. No. 9448, 6-12-2000, § 1; Ord. No. 9490, 5-29-2001, § 1.) Sec. 28-64. Smoking prohibited in public places; exception. No person shall smoke in any public place except: (a) Restaurants that have a currently existing designated smoking area in a separate room, separately ventilated to the outside and constituting not more than 30 percent of the seating floor space and persons under the age of 18 are not permitted to enter or remain, provided that this exception shall cease to be in effect after April 1, 2003; (b) Bars; (c) The bar area of a bar/restaurant, if: (1) The bar area is separately enclosed on all sides by continuous floor -to -ceiling walls, interrupted only by closeable doors; and (2) The bar area is separately ventilated, with negative air pressure in relation to areas of the bar/restaurant where smoking is not permitted; and (3) Minors are not permitted in the bar area at any time; (d) A civic organization, service club, fraternal or patriotic organization or similar private membership organization, when admission to the organization is limited to members and members' guests, provided that this exception shall not apply to any organization established to avoid compliance with this ordinance [Article]; (e) The use of tobacco as part of a recognized religious ritual or activity. (Ord. No. 9448, 6-12-2000, § 1; Ord. No. 9475, 12-21-2000, § 1; Ord. No. 9490, 5-29-2001, § 1; Ord. No. 9638,12-15-2003, § 1.) Sec. 28-65. Responsibilities of proprietors. The proprietor or other person in charge of a restaurant subject to Chapter 28, Article VII, shall: (a) Post no smoking signs that comply with the Minnesota Clean Indoor Air Act Rules, Minnesota Rules Part 4620.0500, as amended from time to time; (b) Ensure that ashtrays, lighters and matchbooks are not provided in areas where smoking is prohibited; (c) Ask any person who smokes in areas where smoking is prohibited to refrain from smoking and, if the person does not refrain from smoking after being asked to do so, ask the person to leave. (Ord. No. 9448, 6-12-2000, § 1; Ord. No. 9490, 5-29-2001, § 1.) Sec. 28-66. Previous exemptions. All previous exemptions are withdrawn effective April 1, 2003. (Ord. No. 9448, 6-12-2000, § 1; Ord. No. 9490, 5-29-2001, § 1.) Sec. 28-67. Employees not required to enter bar area. At public places that include both a restaurant and a bar, the owner shall not require nonsmoking employees to enter the bar area as part of the employee's duties without the employee's consent. (Ord. No. 9448, 6-12-2000, § 1.) Sec. 28-68. Retaliation prohibited. No person or employer shall discharge, refuse to hire, penalize, discriminate against or in any manner retaliate against, any employee, applicant for employment or customer because the employee, applicant or customer exercises any right to a smoke free environment afforded by this ordinance [Article] or other law. (Ord. No. 9448, 6-12-2000, § 1; Ord. No. 9490, 5-29-2001, § 1.) Sec. 28-69. Other applicable laws. This ordinance [Article] is intended to complement the Minnesota Clean Indoor Air Act, Minnesota Statute Sec. 144.411 to 144.417, as amended from time to time. Nothing in this ordinance [Article] authorizes smoking in any location where smoking is restricted by other applicable laws. (Ord. No. 9448, 6-12-2000, § 1; Ord. No. 9490, 5-29-2001, § 1.) Sec. 28.70. Violation and penalties. (a) Smoking where prohibited. It is a violation of this Article for any person to smoke in an area where smoking is prohibited by this Article; (b) Proprietors. It is a violation of this Article for the proprietor or other person in charge of any premises subject to this Article to fail to comply with the requirements of Chapter 28, Article VII, or to retaliate against an employee, applicant for employment or customer, as prohibited by Section 28-68; (c) Private right of action. In addition to the penalties provided in Section 28-70(c), any person injured by a repeated or continuing violation of the Article may bring a civil action against the proprietor or other person in charge of a public place to enjoin further violations. (Ord. No. 9448, 6-12-2000, § 1; Ord. No. 9490, 5-29-2001, § 1; Ord. No. 9611, 7-28-2003, § 28.) Sec. 28-71. Severability. If any portion of this ordinance [Article], or its application to any circumstances, is held invalid, the remaining provisions shall be considered severable, and shall be given effect to the maximum extent possible. (Ord. No. 9448, 6-12-2000, § 1; Ord. No. 9475, 12-21-2000, § 2; Ord. No. 9490, 5-29-2001, § 1.) ORDINANCE NO. 2004-13 AN ORDINANCE ENACTING TITLE 3, CHAPTER 6 RELATING TO SMOKING IN PUBLIC INDOOR WORKPLACES BE IT ORDAINED by the City Council of the City of Moorhead as follows: SECTION 1. Chapter 6 of Title 3 of the Moorhead City Code is hereby created and enacted to read as follows: CHAPTER 6 SECTION: 6-1-1 Smoking in Public Indoor Workplaces Prohibited 6-1-2 Definition 6-1-3 Penalties For Violation 6-1-1 SMOKING IN PUBLIC INDOOR WORKPLACE PROHIBITED: A. No person shall smoke, possess or carry a lighted cigarette, cigar, pipe or other tobacco products in a public indoor workplace. B. The owner or other person in charge of a public indoor workplace subject to the provisions of this section must (i) post signs indicating "no smoking" or containing the international no smoking symbol; (ii)ensure that ash trays, lighters and matchbooks are not provided in areas where smoking is prohibited; and (iii) ask any person violating this section to refrain from smoking, possessing or carrying a lighted cigarette cigar, pipe or other tobacco products on the premises, and if the person does not so refrain after being asked to do so, ask the person to leave the premises immediately. DEFINITION: "Indoor Public Workplace" means any enclosed, indoor facility, business or establishment used by the general public, or used as a place of work, including, but not limited to, restaurants, retail stores, offices and other commercial establishments, public conveyances, bars, hospitals, auditoriums, arenas, meeting rooms and common areas of hotels and motels. 6-1-3 PENALTIES FOR VIOLATION: Violation of the provisions of this section is an infraction and the penalty imposed for a first offense of this section shall be a fine of $100.00, for a second offense a fine of $200.00 dollars, and for a third or subsequent offense a fine of $500.00. SECTION 2. This Ordinance shall take effect on September 1, 2004. PASSED by the City Council of the City of Moorhead the 21St day of June 2004. ATTEST: KAYE BUCHHOLZ, City Clerk First Consideration: May 3, 2004 Second Consideration: May 17, 2004 Third Consideration: June 21, 2004 Date of Publication: APPROVED: MARK VOXLAND, Mayor J G CITY OF BLOOMINGTON MINNESOTA Bloomington City Council to Hear Smoke -Free Ordinance For Immediate Release Tuesday, June 29, 2004 Contact: Karen Zeleznak Health Administrator City of Bloomington (952)563-8900 kzeleznak@ci.bloomington.mn.us BLOOMINGTON CITY COUNCIL TO CONSIDER ORDINANCE EXPANDING SMOKE- FREE AREAS IN PUBLIC PLACES AND PLACES OF WORK On Monday, June 28 the Bloomington Advisory Board of Health (ABH) presented a study on smoke-free workplaces to the Bloomington City Council. In February the City Council had requested the ABH to study the issue of smoke-free restaurants and bars and other work places, and provide recommendations to the Council. The ABH study is available on the City's web site at: http•//www ci bloomington mn us/cityhall/dept/commserv/nublheal/tonics/sfstudyrecomm.htm. Following the ABH presentation and discussion, the City Council, on a 4-3 vote, directed staff to publish a notice for a public hearing on July 19, 2004 for Council consideration of an ordinance expanding smoke-free areas in public places and work places beyond the requirements of the 1975 Minnesota Clean Indoor Air Act. The Minnesota Clean Indoor Air Act permits designated smoking areas within public places and places of work and does not regulate outdoor areas. COMMUNICATIONS DIVISION 1800 W. OLD SHAKOPEE ROAD, BLOOMINGTON MN 55431-3027 AN AFFIRMATIVE ACTION/EQUAL PH 952-563-8713 FAX 952-563-8715 TTY 952-563-8740 OPPORTUNITIES EMPLOYER r 2 The proposed ordinance prohibits smoking in all defined indoor public places and places of work, with the following exceptions: (1) private residences, (2) motor vehicles, (3) designated hotel -motel sleeping rooms, and (4) Indian spiritual and cultural ceremonies (which are also exempt under the Minnesota Clean Indoor Air Act). Smoking would also be prohibited in outdoor bar and restaurant areas and within 25 feet of entrances, exits, open windows and ventilation intakes of public places and work places. The restriction does not extend to other outdoor sites beyond the existing prohibition of smoking in Bloomington's parks near youth sports activities. The proposed ordinance will be available on the City's web site at www.ci.bloominQton.mn.us by July 2. Prior to the formal public hearing on the proposed ordinance, an administrative hearing will be held by City staff and the Advisory Health Board on July 12 at 6 p.m. in the City Council Chambers. The purpose of the administrative hearing is to answer questions and take comments. The formal public hearing before the Bloomington City Council is scheduled for July 19 at 7:15 p.m. in the City Council Chambers. The City Council will take testimony on the proposed ordinance at that time. If adopted as proposed, the ordinance would become effective on September 1, 2004. Comments regarding the proposed ordinance may be submitted by e-mail to council ci.bloomington.mn.us or via U.S. mail to: Mayor and City Council, City of Bloomington, 1800 West Old Shakopee Road, Bloomington, Minnesota 55431. For more information, contact Karen Zeleznak, Health Administrator, 952-563-8900, or kzeleznak@ci.bloominMon.mn.us. ORDINANCE NO. 2004 - AN ORDINANCE PROHIBITING SMOKING IN PUBLIC PLACES AND PLACES OF WORK The City Council of the City of Bloomington hereby ordains: Section 1. That Chapter 12 of the City Code is hereby amended to read as follows: CHAPTER 12 PUBLIC PEACE AND SAFETY ARTICLE II. PROHIBITED CONDUCT Division O. Smoking Prohibited SEC. 12.79. [RE --SE VE -D] FINDINGS OF FACT AND PURPOSE. The City Council finds that: (a) Tobacco smoke is a leading cause of disease in nonsmokers and a major source of indoor air pollution Secondhand smoke causes heart disease, lung cancer, respiratory infections, decreased respiratory function reproductive problems and other health problems Secondhand smoke kills an estimated 35,000 to 62,000 Americans each year from heart disease. Secondhand smoke also causes an estimated 3,000 lung cancer deaths in America each year. (h) These adverse health effects are well documented and numerous medical and scientific on Occupational Safety and Health the National Cancer Institute. the Environmental Protection A_gency, the National Academy of Sciences the National Toxicology Program and the World Health Organization have recognized the deadly effects of exposure to secondhand smoke. (c) There is no safe level of exposure to tobacco smoke. Neither the separation of smokers and nonsmokers nor the introduction of new ventilation systems can eliminate the health hazards caused by secondhand smoke. (d) Employees in smoky workplaces are at special risk One study has estimated that working in a smoky setting for eight hours is equivalent to smoking 16 cigarettes Also at special risk are children elderly people and those with cardiovascular disease or impaired respiratory function, including people with asthma and those with obstructive airway disease. (e) Obiective evidence does not bear out the fear that elimination of public smoking will harm a community's economy or result in a net loss of jobs in restaurants and bars. On the contrary, many independent economic studies have shown that the elimination of smoking has no material economic impact on a community These studies are drawn from the experience of hundreds of communities that have successfully eliminated smoking in workplaces and public places. The states of California Connecticut Delaware Maine Massachusetts and New York have adopted laws ending all smoking in bars restaurants and other public places, as have the nations of Ireland, New Zealand and Norway. (f) By reducing the exposure of young people to adult smoking and unhealthy role modeling, elimination of smoking in public places furthers Minnesota's goal of reducing youth smoking. (,g) There is no legal or constitutional "right to smoke." Business owners have no legal or constitutional right to expose their employees and customers to toxic chemicals whether in tobacco smoke or otherwise On the contrary, employers have a common law duty to provide their workers with a workplace that is not unreasonably dangerous. Therefore the City Council declares that the purpose of this ordinance is to: (1) Protect the public health safety and welfare by better insuring the ability of citizens to breathe safe and uncontaminated air: (2) Affirm that the right to breathe has priority over the desire to smoke: and (3) Protect vulnerable populations including employees, children, the elderly and those with chronic health conditions. SEC. 12.80. [RE-SERVW] DEFINITIONS. The following words and terms, when used in this Division shall have the following meanings unless the context clearly indicates otherwise: Bar — a portion of an establishment where a person can purchase and consume alcoholic beverages. Office — a building structure or area used by the general public or serving as a place of work at which principal activities consist of professional clerical or administrative services. An office includes, but is not limited to professional offices offices in financial institutions business offices, telemarketing offices and governmental offices. Other Person in Charge — the agent of the proprietor authorized to perform administrative direction to and general supervision of the activities within a place of work and public place at any given time. Place of Work — any enclosed indoor location at which two or more individuals perform any type of a service for consideration of payment under any type of employment relationship, including but not limited to an employment relationship with or for a private corporation partnership individual or where services are performed under an employment relationship. Enclosed, indoor areas of private clubs and rooms used for private meetings or social functions, are "places of work" if two or more persons acting under an employment relationship provide cleaning catering food or beverage service maintenance or other support services in the location. Proprietor — the party, regardless of whether the party is the owner or lessee of the place of work or public place who ultimately controls -governs or directs the activities within the place of work or public place The term "proprietor" may apply to a corporation as well as an individual. Public Place — any enclosed indoor area used by the general public or serving as a place of work, including but not limited to restaurants retail stores offices and other commercial establishments, public conveyances auditoriums arenas meeting rooms common areas of rental apartment buildings, and educational facilities other than public schools. Restaurant — a food and beverage service establishment whether the establishment serves alcoholic or nonalcoholic beverages. Smoking — the inhaling exhaling or combustion of any cigarette cigar, pipe or any other lighted smoking equipment Smoking includes carrying a lighted cigarette cigar, pipe or any other lighted smoking equipment. SEC. 12.81. [RE -SOWED] PROHIBITIONS. (a) Except as provided in subsection (c), no person shall smoke in public places and places of work including outdoor and bar areas of restaurants_ (b) To ensure that tobacco smoke does not enter public places and places of work and that persons entering such places are not exposed involuntarily to tobacco smoke smoking is prohibited within twenty-five (25) feet of entrances exits open windows and ventilation intakes of public places and places of work. (c) The prohibitions of this Section do not apply to: (1) Private residences. (2) Motor vehicles. (3) The use of tobacco as part of a traditional Indian spiritual or cultural ceremony. (4) Sleeping rooms of hotels and motels which are rented to quests. SEC. 12.82. [RESERVED] RESPONSIBILITIES OF PROPRIETORS. The proprietor or other person in charge of a public place or place of work where smoking is prohibited shall: (a) Post "nonsmoking" signs that comply with the Minnesota Clean Indoor Air Act Rules, Minnesota Rules Part 4620.0500: (b) Ensure that ashtrays lighters and matchbooks are not provided in areas where smoking is prohibited: and (c) Ask any person who smokes in an area where smoking is prohibited to refrain from smoking and, if the person does not refrain from smoking after being asked to do so, ask the person to leave or use any other means which may be appropriate to obtain compliance. SEC. 12.83. [RE -SERVED] RETALIATION PROHIBITED. No person or employer shall discharge, refuse to hire, penalize, discriminate against or in any manner retaliate against any employer, applicant for employment or customer because the employee, aDDlicant or customer exercises anv right to a smoke-free environment provided by this ordinance or other law SEC. 12.84. [YED] PRIVATE PROHIBITIONS. Nothing in this Division prevents the proprietor or other person in charge of any place, including, without limitation any residence motor vehicle or outdoor space. from prohibiting smoking in any such R!9 -CL SEC. 12.85. [RE -SERVE -D] OTHER LAWS. This Division is intended to complement the Minnesota Clean Indoor Air Act, Minn. Stat., X114.411 to 144.17 as amended from time to time. Nothing in this Division authorizes smoking in any location where smoking is prohibited or restricted by other laws. SEC. 12.86. PENALTY. Violation of any provision of this Division shall be a petty misdemeanor. SEC. 12.87. SEVERABILITY. If any portion of this Division is held invalid the remaining provisions shall be considered severable and shall be given effect to the maximum extent possible. SEC. 12.88. EFFECTIVE DATE. This Division shall become effective on September 1. 2004. Passed and adopted this day of , 2004. ATTEST: Secretary to the Council APPROVED: City Attorney Mayor CenterPoint. Energy Minnegasco Ms. Laurie Ahrens City of Plymouth 3400 Plymouth Blvd Plymouth, MN 55447 Dear Ms. Ahrens: 800 LaSalle Avenue PO Box 59038 Minneapolis, MN 55459-0038 I am writing to inform you that CenterPoint Energy Minnegasco filed a rate case today with the Minnesota Public Utilities Commission (MPUC). A rate case is the regulatory process that public utilities must follow to formally change rates and services for their customers. The rate case we filed - our first since 1995 -- will affect the rates paid by all of our more than 745,000 customers. The process for changing our rates will take about one year, with interim (temporary) rates implemented on October 1, 2004 and final rates implemented in the summer of 2005. For your information, I enclosed our Rate Case Fact Sheet that further explains the rate case process, the factors behind it, and its impact on our customers. Please contact me if you have any questions or would like additional information about the rate case. You may also visit our Web site at minneagasco.CenterPointEnergy.com. Sincerely, Al Swintek Local Government Relations 612.321.4799 Enclosure July 14, L604 C 1`F I am writing to inform you that CenterPoint Energy Minnegasco filed a rate case today with the Minnesota Public Utilities Commission (MPUC). A rate case is the regulatory process that public utilities must follow to formally change rates and services for their customers. The rate case we filed - our first since 1995 -- will affect the rates paid by all of our more than 745,000 customers. The process for changing our rates will take about one year, with interim (temporary) rates implemented on October 1, 2004 and final rates implemented in the summer of 2005. For your information, I enclosed our Rate Case Fact Sheet that further explains the rate case process, the factors behind it, and its impact on our customers. Please contact me if you have any questions or would like additional information about the rate case. You may also visit our Web site at minneagasco.CenterPointEnergy.com. Sincerely, Al Swintek Local Government Relations 612.321.4799 Enclosure Rate case fact sheet Quick facts • Revenue increase request: $21.77 million annually, or 1.8 percent • Average residential customer increase request: $38/year, or 4.1 percent annually • Interim rates for all customer types effective October 2004 C CenterPoint. Energy Minnegasco t CenterPoint Energy Minnegasco"s rate case will help recover increased costs, including pipeline relocation and reconstruction for street and highway projects. On July 14, 3004, CenterPoint Energy Minnegasco filed a request with the Minnesota Public Utilities Commission (MPUC) for new natural gas distribution rates. This is the company's first rate case since 1995. The filing will increase the company's annual revenues by S31.77 million or 1.8 percent. The average residential customer will receive a 4.1 percent increase, or $38 per year. Interim (temporary) rates begin October 1, 2004. Public hearings on the filing begin in the fall. A final decision from the :MPUC is expected in May 3005, with final rates taking effect during the summer of 3005. Rate case basics A rate case is the regulatory process that public utilities (natural gas, electric and telephone) must follow to formally change base rates for their customers. Rates are regulated by the :MPUC, and proposed changes to base rates must first go through a 10 -month review process before receiving a final decision by regulators. Rate case schedule July 14, 2004 Rate case filed with MPUC October 1, 2004 Interim rates begin Late fall 2004 Public hearings January 2005 Rate case hearings before MPUC May 2005 MPUC final decision expected Summer 2005 Final rates implemented Interim rales are an approved percentage increase on all ciislon wr bills Ihat. are effecl.ive about. two Illonths alter a rite filing. These temporary rates are collected withoul. changes to rate design. (enterPoinl. Energy Minnegasco is allowed to charge ink,rint rates to recover tho company's higher cost of providing utility distribution service, while regulators use subsequent months to determine final rates. Interim rates will take effect on October 1, 2001, and stay in effect until the MPUC issues a final decision and final rates are implemented. If the final rates are less than interim rates, customers will be refunded the difference with interest. If final rates are higher than interim rates, customers will not be required to make up the difference. Public hearings providing opportunities for customers and others to provide input about the rate case will be scheduled for late fall. We will notify customers about the timing and location of the hearings through a news release, bill insert and on our Web site. An administrative law judge will oversee the hearings, and other parties (interveners) such as the Office of the Attorney General and the Department of Commerce, will comment on our request. Why the rate case is needed The rate case filing is necessary for CenterPoint Energy Minnegasco to recover the increased costs of providing utility distribution service, and to improve the stability of our customers' bills. Our current rates do not allow us to recover the increased costs for two reasons: our costs have increased and average customer demand, or sales, has decreased. These increased costs include pipeline relocation and reconstruction for street and highway projects, carrying costs and customer debts related to higher natural gas costs, and other operating costs. Decreased average customer demand results from conservation improvements, energy efficiency, and improved building construction. Redesign of a utility's rate structure is traditionally considered in a rate case. Our last rate case was filed in 1995. Since then, wholesale gas costs have become increasingly variable, causing customer bills to fluctuate more than in previous years. This filing proposes a new rate structure to improve the stability of customers' bills, and better match rates with the costs of serving each type of customer. Your energy dollar Understanding rate design The largest portion of a customer's bill, about 80 percent, is for the wholesale cost of natural gas. CenterPoint Energy Minnegasco passes this cost directly to customers with no mark-up. The remaining 20 percent of the bill is the company's cost of distributing natural gas to customers. Natural gas distribution costs are recovered two ways: Basic Charge: Partially covers the cost of those services we provide every month, regardless of how much gas a customer uses. These fired costs include maintenance of gas service lines and regulators; gas meters; meter reading; billing; maintaining facilities; vehicles; and equipment. Delivery Charge: Recovers the cost of delivering natural gas not recovered through the Basic Charge. These costs include taxes, salaries, depreciation, interest, and other operating expenses. The Delivery- Charge is a per therm charge and the total amount changes with customers' use. Under the current rate structure, residential customers are charged a $5 monthly Basic Charge and a Delivery Charge of $.12857 per therm. Under the proposed rate structure, residential customers will be charged a monthly Basic Charge of $16 and a Delivery Charge of 5.03833 per therm. This structure will provide some measure of stability for most customers because their winter bills will decrease and summer bills will increase, with less seasonal fluctuation. Our rate request is to recover the higher costs of providing reliable and safe natural gas distribution service. The company has not requested an increase in its distribution rates for nine years; meanwhile. our costs have increased. Changes in wholesale natural gas costs (increases and decreases) are recovered through nionthly changes in rates on customers' bills, and are passed through without mark- up. Customers pay only the wholesale crust of natural gas incurred by the company to acquire the gas, plus the (listriblll.ion cost to serve c listotuets. How the rate case affects customer bills The rale' Kling gill seek to increase the company's revenl►es by $21.77 million annually, or 1.8 percent of t'evc'nne — adding about $38 to an average residential custoillor's annual hill, an increase of 4.l 1wivent. . Annual Bill Average residential customer (1039 therms) $964.00 5926.00 560.00 $192.00 2003-2004 Proposed Heating Season Basic charges Delivery charges Cost of gas How these new rates affect individual monthly bills will vary based upon the amount of natural'gas used by each customer and changes in the monthly cost of gas. CustomerType (usage in therms) Wo pr()pOs('d Iii Itwrl';Ise illo 1.1-sidoilllal cush)llli'r tuunlhly Bask. ('barge arnl floun.;lsc the Oolkct;( ('hargc for Iwo reasons: First, it higher Basic ('hn►,ge will inlprovc Ilu' stabilily ()fa cttstonu'r's hill because less of the hill will Ile aff('Ovd by weather-related natural gas use. second, tit(' rtutjorily of our delivery costs are fixed costs and do not Vary according to the amount of natural gas delivered. The increase in the monthly Basic Charge enables its to recover out' fixed delivery costs on a more consistent and predictable basis. Historically, only a small amount of the fixed delivery costs were collected through the monthly Basic Charge. The net effect of a higher Basic Charge and a lower Delivery Charge is a 4.1 percent annual increase for an average residential customer. If you are a No Surprise Bill" (NSB) customer, your bill amount will not change during the 2003-2004 program year, which ends with the November 2004 bill. Quotes for the 2004-2005 program year will include interim rates. If final rates are lower than interim rates, customers who enroll and remain on the program for 12 months will receive a refund with interest at the end of the program year. If you are enrolled in the Budget Platt, your quotes were calculated prior to the rate case filing and include estimated interim rates. The annual mid -near review in February 2005 will allow customer Budget Plan amounts to be adjusted up or down based on approved interim rates, actual weather conditions and changes in wholesale gas costs. Note: Northern rate area. Figures are rounded to the nearest whole number. Average monthly bill $80 $65 $214 $956 $2,623 $9,742 $65,120 Average monthly bill +$3 +$2 +$4 -$15 _$59 -$208 -$724 Average monthly usage Average monthly bill Residential 87 $77 CommercialBridustrial up to 1,500/yr (Firm A) 66 $63 1,500 to 5,000/yr (Firm B) 239 $210 5,000 or more/yr (Firm C) 1,150 $971 Small Volume Dual Fuel up to 120,000/yr (A) 4083 $2,682 120,000 or more/yr (B) 15,458 $9,950 Large Volume Dual Fuel 109,275 $65,844 Note: Northern rate area. Figures are rounded to the nearest whole number. Average monthly bill $80 $65 $214 $956 $2,623 $9,742 $65,120 Average monthly bill +$3 +$2 +$4 -$15 _$59 -$208 -$724 For more information 612-372-4727 1-800-245-2377 minnegasco.CenterPointEnergy.com Natural gas remains your best energy value Natural gas is an a xcOlellt. energy value — it clean. efficient and affordable fuel for home heating, water heating, and providing fuel to industry. According to the U.S. Department of Energy, natural gas will cost less to use in 2004 than any other home energy Source —about two-thirds less than using electricity and also less than propane, heating oil and kerosene. CenterPoint Energy Minnegasco's rates historically are among the lowest in the nation. CenterPoint Energy helps provide best energy value At CenterPoint Energy Minnegasco, we have the expertise and the experience to buy natural gas at the lowest reasonable prices in order to provide you with the best energy value: • Because of the volume of gas we buy, we can negotiate lower-priced supply contracts with multiple suppliers. • We work with about 20 of the largest suppliers in the U.S. and Canada. • We are exploring additional pipeline opportunities to open up new supply options. • Our supply portfolio includes contracts with varying terms and conditions whenever possible. We also buy as much summer gas at fixed prices as we can be certain to sell during the heating season. How to learn more Public hearings will be scheduled and overseen by an administrative law judge. Customers and others are given the opportunity to comment on our rate request at the public hearings. Other regulatory agencies that generally comment include the Office of the Attorney General and the Department of Commerce. CenterPoint Energy Minnegasco representatives will attend each hearing to present the details of the request. Public notice of the hearing dates and locations will be published in local newspapers in the company's service area and listed on our Web site at minnegasco.CenterPointEnergy.com. Interested persons may visit the Department of Commerce to examine the filing. They are located at 85 Seventh Place East, Suite 500, St. Paul, Minnesota 55101, or contact by telephone at 651-296-4026 or TDD=-. 651-296-2860. C CenterPoint. Energy Minnegasco DATE: July 13, 2004 TO: City Council through Laurie Ahrens, City Manager X)) - FROM: Daniel L. Faulkner, P.E. Director of Public Works SUBJECT: PROJECT TRACKING REPORT AS OF JULY 13, 2004 Please find attached the updated Project Tracking Report, the purpose of which is to keep the City Council informed on the current status of active and pending construction improvement projects. Updates are noted in blue. attachment: Project Tracking Report 0AEngineeringTROJECTSTroject Tracking\MEMOS\Projea_Traeking_Rpt_July_13_04.doc v CD CD : O Z - a� a - 1�_ ; 2 a:W�aoo 3 dQ Soggoc ppm 9%Vu d c p c c c CO c to c c a 7 7 7 C47 ,.. .► A .. a GW A 7 m W �n v o ren m :: m o m �n c C = = m10� e A i ego o N 0 N O O m T 33 0� 33zz 1* 1* <°< 33 0 0 2� 3m ,'� zZ << M ID '03a NN 66(b Nw °� °� ww K) zm mac. >> zO 0< O "nr vc �3 �� 33 'o O NN bb �m aw w ww m Qm /1Dotoo N n g� m� and �� N CO) V.m CC c mC D ��v c m bb bg bb >> b o— b oo bb >, b ,� b da �' �o N fl. 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