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HomeMy WebLinkAboutCity Council Packet 11-12-1997 SpecialPLYMOUTH CITY COUNCIL SPECIAL COUNCIL MEETING WEDNESDAY, NOV. 129 1997 7:00 P.M. PUBLIC SAFETY TRAINING ROOM 1. Discussion of Proposed Activity Center 2. Discussion of Life Time Special Assessments 3. Discussion of Wellness Committee Proposal for Employee Fitness incentive Program 4. Discussion of Charter Issues 5. Discussion of Stop Sign/Speed Humps Policy 6. Discussion of Ways to Encourage Special Assessment Payments DATE: November 12, 1997 TO: Mayor and City Council FROM: Dwight D. Johnson, City Manager SUBJECT: Summary of Agenda Items for November 12`' meeting The list of topics for this meeting looks imposing. Several Council members have expressed concern about the number of items on this agenda. Staff does not believe each item needs to be discussed in full or be finally resolved. Rather staff proposes specific requests and recommendations regarding the next specific incremental steps toward final resolution. A summary of our recommendations or suggested outcomes: 1. Activity Center. Direct that staff negotiate an extension of the phase I contract with the architect to also study the 34" Avenue site and bring back to Council for approval. The Activity Center subcommittee is concerned about parking shortages and tree loss with the various site plan proposals next to Life Time Fitness. 2. Life Time Special Assessments. Direct staff to negotiate with Life Time according to the memo as drafted. 3. Wellness Committee proposal. Direct staff to bring forth a formal resolution at the next Council meeting. 4. Charter Issues. Agree to accept the Charter Commission's invitation to meet with them on the evening of December 2, 1997. 5. Stop Sign/Speed Hump policy. Direct staff to research how the Lakeville policy would have affected several recent cases and report at the December special council meeting. Staff does not believe any special committee is needed at this time. A formal policy could be adopted at the second meeting in December. 6. Encourage special assessment payments. Staff has investigated printing the names in the paper, but recommends no change in current procedures since delinquencies are not a major financial problem and the City ultimately collects all delinquencies with 8% interest. e MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447 DATE: November 7, 1997, for Council Meeting of November 12 TO: City Manager, Mayor and Council g FROM: Eric J. Blank, Director, Parks and Recreation SUBJECT: Activity Center Feasibility Report The Activity Center Subcommittee met on Thursday, November 6, to review the Activity Center Feasibility Report. Committee members in attendance were: Councilmembers Wold and Johnson, Park Commissioners Willegalle, Fiemann, and Anderson. Also in attendance were Councilmember Black and Mayor Tierney. Staff in attendance were: City Manager Johnson, Assistant City Manager Lueckert and myself. Our consultant, Del Erickson, presented the feasibility report to the subcommittee. The base report provides four alternatives for building the activity center. Three of the proposals are immediately adjacent to the south wall of the Life Time Fitness facility. One of the proposals D) is separated from the facility and located approximately halfway between City Hall and the Life Time Fitness facility. In the report you will see a picture diagram of each of these facility locations, cost for building the facility, including contingency, furnishings, fees and testing, etc. It also has the number of trees and percentage of trees that would need to be removed for construction. These trees are in accordance with the city ordinance and are significant trees of at least 8 inches in size or larger. Upon review of the report, the subcommittee was uncomfortable with proceeding, or recommending any of the four proposals, because of the damage done to trees. However, it was the consensus that amongst these four proposals, they thought the separated facility was the most logical, in that it provided for the best enhancement to the current parking situation being experienced at the recreational complex. It is the subcommittee's recommendation to the Council that the consultant be authorized to look at an alternative site on 34th Avenue, approximately one block east of City Hall. I have attached a map of the overall Plymouth Creek Park, and this site is shown on that map and is referred to as tennis area and theme r playground area. This property is a high hill overlooking the wetland and is approximately 15 acres in size. There are no mature oak or maple trees on this property. Basically, it is scrub cottonwoods that have grown up randomly. The Committee would like to see a master plan for this 15 acres developed, which would include an activity center facility and a field house at minimum. Once this master plan was prepared, they could then evaluate the merits of developing on this piece of property versus back along Plymouth Boulevard closer to the recreation center property. Within the report, there is a written description of the City's activity center needs and some architectural renderings of various floors of the building. It is not necessary to focus greatly on the building, in that we have not spent time evaluating, or really trying to design the building. These are meant solely to depict the size and shape of some of the preferred rooms. At Wednesday's meeting, staff believes the Council needs to discuss further the idea of a joint facility with the two school districts. In order to prepare realistic schematic plans for any facility, it is necessary to know if we are going to partner with the school districts. EB/np r i ._ --JIwwo•yam f.i: ice, ..w F 1 % SIN • z 1+ •:_• w T-% 1I r { 42 k i us 01 uj tu w-.. h'•" M M.`4` 7 '\, it n.'. /• V >? t w„ ch Uospe 1 7 14Ix zcc 3 j c3 aka• y i :,, I : o Ail Q ifTw LLa wlow Sal W Quj a r m f• / U t a • CA. ^ 8 fes • >E'7c:e 1. - _-. Pt i DATE: November 7, 1997 TO: Mayor and City Council FROM: Dwight D. Johnson, City Manager SUBJECT: Financing Proposal from Life Time Fitness Background. Life Time President Bahram Akradi and his finance manager met with Eric Blank and myself on Wednesday, October 15th. Their cost overrun of about $1.3 million is actually more significant than our added costs at the Ice Center. The Council has previously approved an agreement to use special assessments at 7% interest over 10 years to collect what Life Time owes for its portion of the parking lot improvements under our master agreement. This amount has been estimated at between $400,000 and 450,000. On June 26, 1997, I wrote a memo to the Council indicating that Life Time requested that "an additional amount of $400,000 be assessed, for a total of $800,000 in consideration of `tenant improvements' they have made in the Club -Pool complex." This additional assessment was to be in consideration for additions and improvements they made to the project above and beyond the scope of our agreement, including the size of the indoor pool area, the size of the outdoor pool, and the degree of finish in the walkway between the buildings. Current Proposal. Life Time states that Eric and I misunderstood the discussion last June and that the real discussion was about assessing $800,000 above and beyond the parking lot assessments, not just an additional $400,000 as I wrote to you in June. This would mean the overall total Life Time financing request would be up to $1.25 million, not the $850,000 we had previously indicated. Life Time states they have made commitments to other projects and ventures, based upon their belief that the City would finance $800,000 above the parking lot costs. Roger Knutson, Eric Blank and I clearly did not understand it this way, as my June memo to you indicates. In any case, the Council was never presented with and never agreed to any amount yet over the original parking lot costs. Given this different interpretation of events, we discussed what could be done with the agreement to get value received for the additional financing. A Life Time is willing to commit to any or all of the following items in return for 800,000 of financing beyond the parking lot costs: A summer pool pass system for the outdoor pool, similar to what New Hope has, would be implemented no later than the summer of 1999, regardless of the number of memberships sold by Life Time. The current contract says it will be implemented when the club reaches 10,000 members. Life Time will increase the interest rate it pays to 8% from the original 7%. This differential equates to a difference in future value of about $245,000 over the ten years. When compared with our current investment rate of about 6%, the differential is about $471,000 over ten years. Life Time will implement special senior citizen initiation fees of $90 with a renewal fee of only $45 for those, such as snow birds, who would wish to freeze their membership for several months a year. This could be especially helpful if we build an Activity Center in the area. The current contract states that the club "shall provide a senior rate, age 60 and above, acceptable to the City for Plymouth residents which includes a reduced initiation fee." Life Time would agree to immediately pay the outstanding balance of these obligations if a public offering is made by the company which raises at least $20 million. City employees get access to Life Time at daily fee rates, regardless of residency in Plymouth. Employees have shown considerable interest in gaining more access to Life Time. Discussion. Security. At this writing, we do not know if Life Time will agree to a letter of credit to back all of the financing. This is very important to the financial security of the agreement. There would also be some security in the main agreement, which provides that if Life Time defaults on its commitments, the City can take over Life Time's Plymouth Club and its equity by acquiring Life Time's mortgage debt on this club. However, this by itself may not be sufficient to cover the amount of financing requested. Financial impact. The estimate that the City could net about $471,000 from the transaction shows that the financing, if properly secured, will not harm and should benefit the City. However, this financing is not permissible solely as an investment for the City. The financing must also be authorized by law and serve a public purpose. Legal Authority. The legal authority for entering into a financing of this type depends on the circumstances. Significant tenant improvements were made, quite possibly exceeding the additional $800,000 of financing requested. These improvements, which include the finished walkway and the size of the two pools, were beyond what was required to be built by Life Time in our contract and do benefit the public using the club. However, the improvements were completed by Life Time with no agreement with the City, even though discussions have been held several times throughout the year. Entering into an agreement to finance improvements after they are completed can raise questions about the directness of the relationship between the public financing and the improvements. Public purpose. The improvements and the additional contract items noted above would benefit our citizens and employees and do provide a certain degree of public purpose for the financing. However it is difficult to compare their worth on a dollar basis with the amount of financing. The Council should determine if the physical and contractual improvements bear a reasonable relationship to the amount of financing requested. The Council has a fair amount of legislative discretion in determining this. Recommendation: Of the four items discussed above, the security and the legal authority are the two troublesome areas. The Council should not proceed without security equivalent to a letter of credit. Secondly, if more "new" public purpose items, whether physical or contractual, can be identified and made part of the financing agreement, this would reduce the problems with the legal authority to finance an improvement after the fact and also improve the overall public purpose to do the financing. The Council should direct that security equal to a letter of credit be provided and that additional new public purpose items be identified and included before final approval is given. t Agenda Number: 3 TO: Mayor and City Council FROM: Kathy Lueckert, Assistant City Manager, on behalf of the City of Plymouth Wellness Committee SUBJECT: Consider Employee Fitness Incentive Program for 1998 DATE: November 7, 1997 for November 12, 1997 Study Session 1. ACTION REQUESTED: Consider the proposed Employee Fitness Incentive Program for 1998. The Wellness Committee proposes to institute an incentive program at area fitness facilities to encourage employees to make exercise a regular part of their daily routine. The incentive will be based on regular employee attendance at the fitness facility. This program will be instituted on a trial basis during 1998, and its success and continued funding evaluated during the 1999 budget process. The estimated first year cost of the program is $25,000, proposed for funding from 1997 surplus. 2. BACKGROUND: The Wellness Committee established Plymouth Pathways, an employee health and wellness initiative, in 1996. The immediate goal of the program is to improve employee awareness of health topics and issues. Long term goals are to improve employee health generally and have a favorable impact on health insurance costs. Plymouth Pathways has emphasized health and wellness topics in a variety of ways, such as articles in the Rock, health fairs, seminars, flu shot clinics, and a bi-monthly wellness newsletter for all employees. We have had a very successful partnership with HealthPartners, in which the cost of most programs is based on a 50-50 split. This has enabled us to deliver a much wider range of programming. The Pathways program is successful and well received by employees. The Wellness Committee always has been interested in promoting employee fitness. The close proximity of Life Time presents an opportunity to encourage employees to improve their health through a regular exercise routine. The committee also recognizes that some kind of incentive program, which rewards regular participation, is particularly effective in helping folks make exercise a part of their life. Many Plymouth employees have expressed their hopes that the city will make a contribution to a health club membership as part of its commitment to containing health care costs through the wellness program. This issue has assumed a higher profile with employees since the construction of Life Time Fitness. Several Wellness Committee members have developed a proposal which provides an incentive, meets the requirements of Minnesota's gift law and Plymouth's own internal policies and I practices on benefits. The Wellness Committee as a whole considered the proposal, made minor adjustments, and enthusiastically supports it. To ascertain the level of interest in a fitness incentive program, the Wellness Committee conducted a survey during October. Over 280 surveys were distributed to employees and to Plymouth firefighters; 210 surveys were returned. Employees have a high level of interest: 128, or 61 % indicated they would be very likely to participate 49, or 23 %, indicated they would be somewhat likely to participate 19, or 9%, indicated they would not be likely to participate. 14, or 7%, indicated they would not participate. 3. DISCUSSION: Program Purpose. The City of Plymouth, through the Pathways Program, will reimburse employees for health club monthly fees, subject to certain requirements. General Program Guidelines. Eligible Employees. All regular full time and part time employees of the City of Plymouth are eligible to participate. Seasonal and temporary employees are not eligible. Membership at Health Club. The employee must have an active membership at a health club. The employee will pay the initiation fee. A portion of the initiation fee may be reimbursed to the employee at the end of one year, if certain participation requirements have been met. Reimbursement Requirements. The employee must show proof from the health club that he/she has had eight workouts on eight different days in a given month to qualify for reimbursement. The city shall reimburse the employee $15 per month if the employee has met the participation guidelines. Proof of monthly participation shall be submitted on a quarterly basis. The employee is responsible for providing proof of participation. The city shall reimburse all participating employees at the same rate of $15 per month, regardless of the category of membership. Initiation Fee Reimbursement. If, at the end of one year, the employee has had at least nine months of qualifying participation, the city shall reimburse up to $100 of the initiation fee to the employee. The employee must show a receipt for the initiation fee and nine monthly participation forms. Initiation fee reimbursement shall not exceed the amount of the initiation fee. 4. BUDGET IMPACT: Estimated Cost. The Wellness Committee assumes that 50% of those indicating interest in the program will participate, or 88 individuals. This equates to a yearly cost of $15,840 88 X $15 X 12). If all 88 employees maintain their participation throughout a year and receive initiation fee reimbursement, the additional cost would be $8,800, for a total first year cost of around $25,000. Funding Source. For the past several years the Plymouth Pathways program has received its funding from the Risk Management fund. For the employee fitness incentive program, the Wellness Committee recommends funding from 1997 surplus. The entire program will be evaluated for its success during the 1999 budget process and a recommendation made for its continuation at that time. 5. PROS AND CONS TO THE PROPOSAL: Pros: emphasize city's commitment to employees; long term positive impact on health insurance costs; improve employee health and morale; encourage a healthy lifestyle and have a positive impact on chronic health conditions (such as heart disease, obesity, high blood pressure); other cities have fitness incentive programs. Cons: relies on honor system of engaging in fitness routine and not only using non - fitness amenities at the club; administrative burden; reminder of state auditor's 1993 investigation; may be difficult to show a direct correlation between this program and health care costs. 6. RECOMMENDATION: The Wellness Committee recommends that the City Council approve a one year trial of the Employee Fitness Incentive Program, to be funded through 1997 surplus. The Wellness Committee believes this proposal will have a positive impact on employee health, wellness, and morale, and will show the city's commitment to a healthy workforce. We believe that the quarterly reimbursement will be a motivator for employees to take better care of themselves through a regular exercise program. The participation threshold assures the city that its money will reward only those who make a long term commitment to improving their health and wellness. If this proposal is approved by the City Council, administrative details will be finalized prior to launching the program on January 1. In addition, the Wellness Committee hopes that the pending contract changes with Life Time, which include a provision to allow city employees to have daily fee access to Life Time, also will be approved before the end of the year. Such access also would encourage city employees to make exercise a part of their daily routine. Wellness Committee members: Dale Hahn, Finance Bob Pemberton, Finance Ed Goldsmith, Community Development Barry Sullivan, Public Works Dan Faulkner, Public Works Tom Nelson, Public Works John Ward, Public Safety Rick Kline, Public Safety Karol Greupner, Park and Recreation Helen LaFave, Administration Lisa Jenkover, HealthPartners Kathy Kamp, Grant Nelson Group Kathy Lueckert, chairman Agenda Number:4 #1 TO: Mayor and City Council FROM: Kathy Lueckert, Assistant City Manager SUBJECT: Discussion of Charter Commission Issue: Supermajority Vote DATE: November 7, 1997 for November 12, 1997 Council Study Session 1. ACTION REQUESTED: Discuss the October 21, 1997recommendation of the Plymouth Charter Commission to the Plymouth City Council to repeal Ordinance 96-9 and Resolution 96-555, pertaining to the proposed charter amendment on a supermajority vote requirement for a tax rate increase. 2. BACKGROUND: During 1996 the Plymouth Charter Commission and the Plymouth City Council discussed the merits of requiring a supermajority vote (5/7) of the City Council for a tax rate increase. In May 1996 the City Council passed Ordinance 96-9 attached), which requires a supermajority vote. The Charter Commission reviewed the proposed amendment, and did not recommend its adoption and incorporation into the charter. In October 1996, the City Council passed Resolution 96-555 (attached) which places the supermajority amendment on the ballot in November 1998. 3. ALTERNATIVES: Several options are available. The Council could choose not to repeal Ordinance 96-9 and Resolution 96-555, and have the supermajority amendment considered by voters in November 1998. The Council could choose to repeal the ordinance and the resolution and not have the supermajority issue on the November 1998 ballot. The Council could choose to repeal the ordinance and the resolution and discuss with the Charter Commission other available options for a supermajority requirement. The Council could propose a different supermajority requirement to the Charter Commission for their consideration. Another factor to consider is that the Charter Commission can also propose an amendment to the voters on the same issue. If the Commission chose to do so, it is possible that the November 1998 ballot could have two different proposed amendments on the same issue. 4. DISCUSSION: At its October 21 meeting, the Charter Commission passed a resolution recommending that the City Council repeal Ordinance 96-9 and Resolution 96-555. The Charter Commission affirmed its belief that the proposed supermajority amendment is not in the best long term interest of the City of Plymouth. In the same resolution, the Charter Commission indicated its willingness to discuss with the City Council at a joint meeting other options for a supermajority requirement, should the Council be interested in such discussions. The report given to the Charter Commission, which includes an opinion from the City Attorney, is attached. The Council has received a letter from Charter Commission chair Virgil Schneider, suggesting that December 2, 1997 is an opportunity for a joint meeting between the City Council and the Charter Commission. The discussion points for the City Council are as follows: Is the City Council comfortable with the proposed supermajority amendment, which will be on the ballot in November 1998? Does the City Council wish to meet jointly with the Charter Commission to discuss the current proposed supermajority amendment and other possible options? 6. RECOMMENDATION: I recommend that the City Council discuss the Charter Commission resolution of October 21, 1997, which recommends repeal of Ordinance 96-9 and Resolution 96-555. Attachments: October 21, 1997 Charter Commission resolution P. 1 Ordinance 96-9 and Resolution 96-55 p. 2 - 5 Staff report to Charter Commission p. 6 - 15 City of Plymouth Charter Commission October 21, 1997 BE IT RESOLVED that the Charter Commission of the City of Plymouth, Minnesota, does hereby recommend that the Plymouth City Council repeal Ordinance 96- 9, an ordinance amending the City Charter concerning taxation, and Resolution 96-555, a resolution calling for an election on a charter amendment; and BE IT FURTHER RESOLVED that the Plymouth Charter Commission invites the Plymouth City Council to a joint public meeting if the Plymouth City Council is interested in further discussion of the issue of requiring a supermajority vote for a tax rate increase. Adopted by the Plymouth Charter Commission on October 21, 1997. Vote: Ayes: Schneider, Speck, Marofsky, Pauba, McKee, Duntley, Tierney, Singer Schwartz, Sipkins, Peterson, Donovan. Nays: None. CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 96-9 AN ORDINANCE AMENDING THE PLYMOUTH CITY CHARTER CONCERNING TAXATION PREAMBLE WHEREAS, Minn. Sta. §410.12, Subd. 5 authorizes the City Council to propose charter amendments to the voters by ordinance. THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Chapter 7 of the City Charter is amended by adding Section 7.15 to read: 7.15 Increase in Tax Rate. A two-thirds majority of all members of the Council is required to adopt a tax levy resolution that increases the City's tax rate over the prior year. Tax rate means the quotient derived by dividing the City's tax levy by the City's net tax capacity. SECTION 2. Effective Date. This ordinance shall become effective only when approved by the voters as provided in Minn. Stat. §410.12, Subd. 4. ADOPTED by the City Council this 15th Day of May, 1996. ce n T' rney, Mayor ATTEST: Laurie F. Ahrens, City Clerk 4Z CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 96-555 RESOLUTION CALLING FOR AN ELECTION ON A CHARTER AMENDMENT BE IT RESOLVED by the City Council of the City of Plymouth, Minnesota, as follows: 1. The City Council has adopted an ordinance amending the Plymouth City Charter, subject to voter approval, to provide as follows: A two-thirds majority of all members of the Council is required to adopt a tax levy resolution that increases the City's tax rate over the prior year. Tax rate means the quotient derived by dividing the City's tax levy by the City net tax capacity. " 2. The proposed Charter amendment was submitted to the Plymouth Charter Commission. The Charter Commission has reviewed and rejected the proposed Charter amendment and has reported its decision back to the City Council. 3. The proposed Charter amendment shall be submitted to the voters of the City of Plymouth. The form of the ballot attached hereto is approved. The election shall be held between the hours of seven o'clock a.m. and eight o'clock p.m. on the 3rd day of November , 19 98 4. The City Clerk is hereby authorized and directed to post and publish according to law a Notice of Election and Ballot, and to prepare ballots for use at the election, provided the form of ballot shall have such changes as are necessary to be in the form approved by the rules by the Secretary of State. 5. The election shall be held and conducted in accordance with the statutes of the State of Minnesota applicable, and the Council shall meet as required by law for the purpose of canvassing said election and declaring the results thereof. 42898 _ 310/01/96 ADOPTED by the City Council this day of 1996. Joycelyn Tierney, Mayor ATTEST: 17Z 460t-e'- Ldurie F. Ahrens, City Clerk 42898 - 10/01/96 OFFICIAL ELECTION BALLOT CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA YES "Shall the Plymouth City Charter be amended to provide that a two- thirds majority of all members of the Council is required to adopt a tax levy resolution that increases the City's tax rate over the prior NO year. Tax rate means the quotient derived by dividing the City's tax levy by the City net tax capacity?" INSTRUCTIONS Put an (X) in the square before the word "YES" if you desire to vote for the question; or put an (X) in the square before the word "NO" if you desire to vote against the question. 42897 A- Plymouth Charter Commission Supermajority Vote Question Attachments: --Section from Minnesota Statutes on amending charters Three options for the supermajority requirement Opinion from City Attorney about the process needed to change the current supermajority proposal. Background. Last fall the City Council voted to place on the November 1998 ballot an amendment to the Plymouth City Charter which will require a supermajority vote (5/7) to increase the tax rate. At the time this action was taken, there seemed some interest on the parts of both the City Council and the Charter Commission to develop another alternative to the direct amendment of the charter. Unless some action is taken by the City Council or the Charter Commission or City Council to propose an alternative, or by the City Council to repeal the ordinance which placed the amendment on the 1998 ballot, the voters will decide the merits of the question next year. Options. When the supermajority requirement issue was first presented to the City Council, the City Attorney drafted three possible options. These are attached. The first option is the one which will be on the ballot in 1998. The two other options also are possibilities. Last year Option 3 seemed to be the middle ground for both the Council and the Commission: to let the City Council decide by ordinance whether or not to require a supermajority vote on a tax rate increase. Another option is found in the statutes: section 410.12, Subd. 7. This also generated interest last fall. Implications of Supermajority Requirement the 1998 Proposed Budget. Had the supermajority requirement been in the charter this year, the adoption of the 1998 budget would require a supermajority vote. The Minnesota Legislature made changes to the property tax system for 1998 and 1998, namely the imposition of levy limits and the compression of property tax class rates. The latter action particularly affected Plymouth, reducing the city's tax capacity value. The compressed class rates reduced the tax capacity value by 10%, even though the city's market value increased by 9.8%. Due to the impacts of levy limits and property class rate changes, Plymouth's tax rate will increase from 14.53 in 1997 to 14.87 in 1998. The imposition of property tax changes by the Minnesota Legislature is an example of an outside source impacting how Plymouth sets its tax rate. The current proposed amendment would have required a supermajority vote. However, an option which allows the council to decide by ordinance whether or not to require a supermajority vote would provide the flexibility needed to meet situations not of the city's own making. Possible Next Steps. As outlined in the City Attorney's letter, several courses of action are possible. The Council could repeal the ordinance which places the issue on the November 1998 ballot. The City Council could propose a new amendment to the Charter Commission, and the Commission then would have up to 150 days to review the amendment and make a recommendation. The Charter Commission can propose an amendment to the City Council at any time. 410.12 CLASSIFICATION, CHARTERS 410.12 AMENDMENTS. Subdivision 1. Proposals. The charter commission may propose amendments tosuchcharterandshalldosouponthepetitionofvotersequalinnumbertofivepercentofthetotalvotescastatthelastpreviousstategeneralelectioninthecity. If the cityhasasystemofpermanentregistrationofvoters, only registered voters are eligible tosignthepetition. All petitions circulated with respect to a charter amendment shall beuniformincharacterandshallhaveattachedtheretothetextoftheproposedamend- ment in full; except that in the case of a proposed amendment containing more than1,000 words, a true and correct copy of the same may be filed with the city clerk, andthepetitionshallthencontainasummaryofnotlessthan50normorethan300wordssettingforthinsubstancethenatureoftheproposedamendment. Such summary shallcontainastatementoftheobjectsandpurposesoftheamendmentproposedandanoutlineofanyproposednewschemeorframeworkofgovernmentandshallbesuffi- cient to inform the signers of the petition as to what change in government is soughttobeaccomplishedbytheamendment. The summary, together with a copy of the Oro - posed amendment, shall first be submitted to the charter commission for its approvalastoformandsubstance. The commission shall within ten days after such submissiontoit, return the same to the proposers of the amendment with such modifications instatementasitmaydeemnecessaryinorderthatthesummarymayfairlycomplywiththerequirementsabovesetforth. Subd. la. Alternative methods of charter amendment. A home rule charter may beamendedonlybyfollowingoneofthealternativemethodsofamendmentprovidedinsubdivisions1to7. Subd. I Petitions. The signatures to such petition need not all be appended to onepaper, but to each separate petition there shall be attached an affidavit of the circulatorthereofasprovidedbythissection. A petition must contain each petitioner's signatureininkorindeliblepencilandmustindicateafterthe 'signature the place of residencebystreetandnumber, or other description sufficient to identify the place. There shall appear on each petition the names and addresses of five electors of the city, and on eachpaperthenamesandaddressesofthesamefiveelectors, who, as a committee of thepetitioners, shall be regarded as responsible for the circulation and filing of the petition. The affidavit attached to each petition shall be as follows: State of ..................... ) ss. County of ................. ) being duly sworn, deposes and says that the affiant, and the affi- ant only, personally circulated the foregoing paper, that all the signatures appendedtheretoweremadeintheaffiant's presence, and that the affiant believes them to be the genuine signatures of the persons whose names they purport to be. Signed............................ Signature of Circulator) Subscribed and sworn to before me this ....... day of ...... 19 .... Notary Public (or other officer) authorized to administer oaths The foregoing affidavit shall be strictly construed and any affiant convicted ofswearingfalselyasregardsanyparticularthereofshallbepunishableinaccordancewithexistinglaw. Subd. 3. May be assembled as one petition. All petition papers for a proposed amendment shall be assembled and filed with the charter commission as one instru- ment. Within ten days after such petition is transmitted to the city council, the city clerkshalldeterminewhethereachpaperofthepetitionisproperlyattestedandwhetherthepetitionissignedbyasufficientnumberofvoters. The city clerk shall declare any peti- tion paper entirely invalid which is not attested by the circulator thereof as required El d i I CLASSIFICATION; CHARTERS 410.12 r. . the cit clerk shall cer- I is this section. Upon completing an examination of the petition, y tify the result of the examination to the council. If the city clerk shall certify that the petition is insufficient the city clerk shall set forth in a certificate the particulars inwhichitisdefectiveandshallatoncenotifythecommitteeofthepetitionersofthefind - w ' ings, A petition may be amended at any time within ten days after the making of a cer- tificate of insufficiency by the city clerk, by filing a supplementary petition uponadditionalpaperssignedandfiledasprovidedincaseofanoriginalpetition. The city clerk shall within five days after such amendment is filed, make examination of the iamendedpetition, and if the certificate shall show the petition still to be insufficient, RK' the city clerk shall file it in the city clerk's office and notify the committee of the peti- ; tioners of the findings and no further action shall be had on such insufficient petition. The finding of the insufficiency of a petition shall not prejudice the filing of a new peti ! i tion for the same purpose. g'f ' bmitted to the qualified voters at a gen- Subd. 4. Election. Amendments shall be sus:. eral or special election and published as in the case of the original charter. The form ;• j j tl. of the ballot shall be fixed by the governing body. The statement of the question on the , ballot shall be sufficient to identify the amendment clearly and to distinguish the quer- I i tion from every other question on the ballot at the same time. If 51 percent of the votes ! cast on any amendment are in favor of its adoption, copies of the amendment and cer- II tificates shall be filed, as in the case of the original charter and the amendment shall i take effect in 30 days from the date of the election or at such other time as is fixed in 1f i the amendment. Subd. 5. Amendments proposed by council. The council of any city having a home rule charter may propose charter amendments to the voters by ordinance. Any ordi- nance proposing such an amendment shall be submitted to the charter commission. Within 60 days thereafter, the charter commission shall review the proposed amend- z-. ' tend the time formentbutbeforetheexpirationofsuchperiodthecommissionmayex review for an additional 90 days by filing with the city clerk its resolution determining i that an additional time for review is needed. After reviewing the proposed amendment, the charter commission shall approve. or reject the proposed amendment or suggest a , std: substitute amendment. The commission shall promptly notify the council of the action . r Y . taken. On notification of the charter commission's action, the council may submit to the people, in the same manner as provided in subdivision 4, the amendment originally s ;' proposed by it or the substitute amendment proposed by the charter commission. Theamendmentshallbecomeeffectiveonlywhenapprovedbythevotersasprovidedin subdivision 4. If so approved it shall be filed in the same manner as other amendments. ! Nothing in this subdivision precludes the charter commission from proposing charter !: amendments in the manner provided by subdivision 1. I Subd. 6. Amendments, cities of the fourth class. The council of a city of the fourth class having a home rule charter may propose charter amendments by ordinance with- out submission to the charter commission. Such ordinance, if enacted, shall be adopted by at least a four-fifths vote of all its members after a public hearing upon two weeks' published notice containing the text of the proposed amendment and shall be approved by the mayor and published as in the case of other ordinances. The council shall submittheproposedamendmenttothepeopleinthemannerprovidedinsubdivision4, but not sooner than three months- after the passage of the ordinance. The amendment becomes effective only when approved by the voters as provided in subdivision 4. If so approved, it shall be filed in the same manner as other amendments. i Subd. 7. Amendment by ordinance. Upon recommendation of the charter commis- { sion the city council may enact a charter amendment by ordinance. Such an ordinance, if enacted, shall be adopted by the council by affirmative vote of all its members after a,p ' h gri n upon two wgeks'ublished notice com, the text of the prop Steed j amendment and shallbeapproved b the mayor and published as 1n the case of other ! ordinances. An ordinance amending a city charter shall not become effective until 90 days after passage and publication or at such later date as is fixed in the ordinance. Within 60a s after passage and publication of such an ordinance, a petition request- dY P g I ii_ 410.12 CLASSIFICATION; CHARTERS ing a referendum on the ordinance may be filed with the city clerk. Such petition shall be signed by qualified voters equal in number to two percent of the total number of votes cast in the city at the last state general election or 2,000, whichever is less. If the city has a system of permanent registration of voters, only registered voters are eligible to sign the petition. If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by the voters as in the case of charter amendments submitted by the charter commission, the council, or by peti- tion of the voters, except that the council may submit the ordinance at any general or special election held at least 60 days after submission of the petition, or it may recon- sider its action in adopting the ordinance. As far as practicable the requirements of sub- divisions 1 to 3 apply to petitions submitted under this section, to an ordinance amending a charter, and to the filing of such ordinance when approved by the voters. History: (1286) RL s 756, 1907 c 199 s 1; 1911 c 343 s 1; 1939 c 292 s 1; 1943 c 227 s 1; 1949 c 122 s 1; 1959 c 305 s 3.4, 1961 c 608 s 5.6. 1969 c 1027 s 3. 1973 c 503 s 1-4, 1986 c 444 410.121 SALE OF INTOXICATING LIQUOR OR WINE; FAVORABLE VOTE. If the charter which is to be amended or replaced contains provisions which pro- hibit the sale of intoxicating liquor or wine in certain areas, such provisions shall not be amended or removed unless 55 percent of the votes cast on the proposition shall be in favor thereof. History: 1969 c 1027 s 2 410.13 [Repealed, 1959 c 305 s 6] 410.14 ALTERNATIVE PROPOSALS. In submitting a charter or an amendment to the voters any alternative section or article may be presented and voted on separately, without prejudice to other articles or sections of the charter or any amendments thereto. History: (1288) RL s 757 410.15 SUCCESSION; SUBSISTING RIGHTS. The new city so organized shall be in all respects the legal successor of the former corporation, and no charter so adopted, nor any amendment thereof, shall prejudice any subsisting right, lien, or demand against the city superseded, or affect any pending action or proceeding to enforce the same. All rights, penalties, and forfeitures accrued or accruing to such former corporation, all property* vested therein or held in trust therefor, all taxes and assessments levied in its behalf, and all its privileges and immuni- ties not inconsistent with the new charter, shall pass to its successor. All ordinances, resolutions, and bylaws in force at the adoption of such new charter, and not in conflict with its provisions, shall continue in force until duly altered or repealed. History: (1289) RL s 758, 1973 c 123 art 5 s 7 410.16 - FORMS OF GOVERNMENT INCORPORATED IN CHARTER. The charter commission may incorporate as part of the proposed charter for any city the commission, mayor -council, council-manager form of city government or any411 other form not inconsistent with constitution or statute, and may provide that all elec- tive city officers, including mayor and members of the council, shall be elected at large or otherwise. History: (1290) 1909 c 170 s 1; 1959 c 305 s 5; 1961 c 608 s 7 410.17 [Repealed, 1973 c 503 s 6] t. 410.18 DISTRIBUTION OF ADMINISTRATIVE POWERS. s Such charter commission may also provide that the administrative powers, author- ' Agenda Number: 9a TO: Mayor and City Council FROM: Dwight D. Johnson,, City Manager SUBJECT: Amendment to City Charter for supermajority vote to raise the tax rate DATE: May 8, 1996 1. ACTION REQUESTED: Consider approval of one of the attached ordinances proposing to amend the City Charter to require a supermajority vote of the City Council to raise the City's tax rate. 2. BACKGROUND: At the May 1 Council meeting, Council member Christian Preus requested development of a City Charter amendment to require a 5/7 vote of the City Council to raise the City's tax rate in any fiscal year. The City Attorney has previously opined that the current City Charter may not allow the Council sufficient authority to pass an ordinance requiring a supermajority at this time. City Clerk Laurie Ahrens has identified a section of the statutes that provides for the City Council to initiate a charter amendment in ordinance form. A copy is attached. If the Council initiates an amendment in ordinance form, the Charter Commission has 60 days to review it. However, they can extend that time by an additional 90 days. The Commission can propose an alternative to the initiative if it wishes. The City Council can then choose between its own initiative and that of the Charter Commission and, under its own power, can decide which version is presented to the voters. The voters have the final approval over any charter amendment in this procedure. 3. ALTERNATIVES: Two alternative ordinances have been prepared by City Attorney Roger Knutson. The first ordinance proposes a simple, straightforward amendment to the City Charter which would place language directly into the charter requiring a two-thirds majority vote for any increase in the City's tax rate. The second ordinance would amend the Charter to enable the Council to pass its own ordinance, but with conditions in the charter about how the ordinance applies and how it may be repealed. The ordinance requiring a supermajority could apply to all situations except where the City loses at least 20 % of its state aid or loses more than 10 % of its net tax capacity for any reason. The latter provision would accommodate both state legislative changes and substantial economic devaluations. Restrictions on repealing the ordinance would include two required public hearings with notice. Of course, there are many possible permutations of the second ordinance. The situations that the eventual ordinance would apply to could be increased or decreased, and the restrictions on repeal could be increased or decreased in various ways. Finally, there is the option of taking no action. 4. DISCUSSION: The straightforward charter amendment represented by the first ordinance has the advantages of simplicity and clarity, both for ourselves and the tax payers. It also would appear to have more permanence, which may be reassuring to the taxpayers. However, it is also the least flexible option if the City's budget and economic status should markedly change. Examples of such change might include (1) no more growth beyond the MUSA line, (2) State legislative changes in state aids, tax policy, fiscal disparities, and other tax base sharing (Orfield type legislation), (3) major economic change in property values due to economic distress, such as the tax abatements that occurred in the commercial/industrial portion of the tax base a few years ago, (4) a major physical disaster such as a tornado or flood and (5) opportunities might present themselves which would raise the City's tax rate, but not the overall tax rate. An example would be if we took over the Met Council transit levy locally, as legislation this year now authorizes us to do.. The second charter amendment draft loses some of the advantages of simplicity, clarity, and permanence. However, it does provide for exceptions for many of the potential major changes in the City's condition identified above. In contemplating a charter amendment, some of the questions to consider might include: 1. How much specific language should be placed in the charter itself, which is our City constitution? 2. How necessary is a charter amendment? Is it likely that the City would propose increases in the tax rate in the foreseeable future without any restrictions? 3. Will Moody's be influenced to downgrade our AAA bond rating? Moody's spoke out strongly against the Legislature's tax freeze proposal earlier this year and generally dislikes revenue restrictions. 4. Will additional restrictions on raising the tax rate cause future Councils and administrations to not cut tax rates when they otherwise could and should, for fear of being caught with their tax levies down in a subsequent year? 5. How likely are the potential major changes in the City's status? 6. How much has the taxpayers trust in us as local official deteriorated, thus requiring external" controls on us? 7. Will our adoption of a voluntary limitation show leadership to other local jurisdictions who have been raising tax rates? 5. BUDGET EVWACT: There is little impact on the budget for the next year or two, absent one of the major changes in our situation. Substantial growth revenues should continue for another year or two, making in increase in the tax rate easily avoidable. Long range impacts are more difficult to forecast. P- 6. RECOMMENDATION: I strongly share the Council's goal to not increase the City's tax rate. In fact, over the last three years, the City's tax rate has declined by over 17 % since 1993 (from 18.04 to 14.94), and we now have the lowest tax rate of any Minnesota City over 10,000 population. I also agree with the concept of making a strong public statement about our intentions to continue to keep the tax rate down in the future. Such a statement would help build trust with our citizens, many of whom do not know our excellent recent record on reducing tax rates. It would also show leadership to other jurisdictions that it is possible to provide high quality services without constantly raising taxes. It also seems likely that we are on the verge of major actions reforming the property tax system in the 1997 Legislature. Individuals of both parties are now proposing legislation that would eliminate HACA aid, currently $1.8 million for Plymouth. Our growth revenues will also decline substantially within the next several years if we choose not to move the MUSA line anytime soon. We have about a two year supply of residential land at this time. It was only three years ago (1993) that we lost $1 million in tax abatements in a single year. There may be reasons why we may want to assume the Met Council transit levy (over $1 million) in the next several years. Because so many elements of the property tax system in Minnesota are beyond our control, and because a number of major changes in the system and our circumstances seem likely in the next several years, I favor adopting a charter amendment that would enable the Council to pass its own ordinance requiring a supermajority vote. The charter should provide a very public and deliberate process for any repeal or amendment of the supermajority ordinance. I do not believe that the charter needs to provide any specific exceptions for major changes in circumstances if the Council can amend its own ordinance in the future after a public process. I would therefore suggest consideration of version three attached. CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A May 3,96 9:52 No.003 P.02 P - CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 96 - AN ORDINANCE AMENDING THE PLYMOUTH CITY CHARTER CONCERNING TAXATION V:: WIIEREAS, Minn. Stat. § 410.12, Subd. 5 authorizes the City Council to propose charter amendments to the voters by ordinance. THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Chapter 7 of the City Charter is amended by adding Section 7.15 to read: 7.15 Increase in Tax Rate. A two-thirds majority of all members of the Council is required to adopt a tax levy resolution that increases the. City's tax rate over the prior year. Tax rate means the quotient derived by dividing the City's tax levy by the City's net tax capacity. SECTION 2. Effective Date. This ordinance shall. become effective only when approved by the voters as provided in Minn. Stat. § 410.12, Subd. 4. ADOPTED by the City Council this day of , 1996. CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A May 3,96 9=53 No.003 P.03 CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 96 - AN ORDINANCE AMENDING THE PLYMOUTH CITY CHARTER CONCERNING TAXATION PREAMBLE VaWREAS, Minn. Stat. § 410.12, Subd. 5 authorizes the City Council to propose charter amendments to the voters by ordinance. THE CITY OF PLYMOUTII ORDAINS: 5EK;TION 1, Chapter 7 of the City Charter is amended by adding Section 7.15 to read: 7.15 Increase in Tax Rate. The Council may by ordinance require a two-thirds majority of all members of the Council to adopt a tax levy resolution that increases the City's tax rate over the prior year. Tax rate means the quotient derived by dividing the City's tax levy by the City's net tax capacity. The ordinance, if adopted, shall provide that a simple majority of all members of the Council may adopt a tax levy resolution that increases the City's tax rate under any of the following circumstances: a) if the City's state aid (i: e., local government aid and homestead and agricultural aid) has been reduced by twenty percent (20%) or more from the prior year; b) if the City's net tax capacity has been reduced by more than ten percent 10 %) from the prior year. The ordinance, once adopted, may not be repealed or amended without a public hearing following two (2) publications in the official newspaper stating the time, place, and purpose of the hearing. The two (2) publications shall be a week apart and the hearing shall be at least three (3) days after the last publication. 37599.03 05/03/96 1'r CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A May 3,96 9:53 No.003 P.OQ SE!QTION Z. effective Date. This ordinance shall become effective only when approved by the voters as provided in Minn. Stat. § 410.12, Subd. 4. 1996. ADOPTED by the City Council this day of ATTEST': Ioycelyn Tierney, Mayor Laurie F. Ahrens, City Clerk 37599.03 05/03/96 2 lb 05/08/96 11:24 '$612 452 5550 CAMPBELL KMJTSON 444 PLYMOUTH 16002/002 CITY OF PLYMOUTH RENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 96 - AN ORDINANCE AMENDING THE PLYMOUTH CITY CHAR'I'ER CONCERNING TAXATION PREAMBLE WHEREAS, Minn. Stat. § 410.12, Subd. 5 authorizes the City Council to propose charter amendments to the voters by ordinance. THE CITY OF PLYMOUTH ORDAINS: SECTION X. Chapter 7 of the City Charter is amended by adding Section 7.15 to read: 7.15 Incarease in Tax Rate. The Council may by ordinance require a two-thirds majority of all members of the Council to adopt a tax levy resolution that increases the City's tax rate over the prior year. Tax rate means the quotient derived by dividing the City's tax levy by the City's net tax capacity. The ordinance, if adopted, may not be repealed or amended without a public hearing following two (2) publications in the official newspaper stating the time, place, and purpose of the hearing. The two (2) publications shall be a week apart and the hearing shall be at least three (3) days after the last publication. SECTION 2. Effective Date. This ordinance shall become effective only when approved by the voters as provided in Minn. Stat. § 410.12, Subd. 4. ADOPTED by the City Council this day of 1996. ATTEST: 7oycelyn Tierney, Mayor Laurie F. Ahrens, City Clerk 37599.04 05/08/96 CAMPBELL KNUTSON Thomas J. Campbell Roger N. Knutson Thomas M. Scott James R. Walston Elliott B. Knetsch Suesan Lea Pace Ms. Kathy Lueckert City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447-1482 Professional Association Attorneys at Law 612)452-5000 Fax(612)452-5550 September 29, 1997 ; RE: Supermajority Vote Proposal Dear Kathy: Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl* John F. Kelly Matthew J. Foli Marguerite M. McCarron George T. Stephenson Also licensed in Wisconsin Of Counsel: Gary G. Fuchs Your letter of September 22, 1997, asked me a series of questions concerning the supermajority vote proposal. The City Council adopted Ordinance 96-9 on May 15, 1996. The ordinance was referred to the Charter Commission. On October 3rd the Charter Commission filed a report with the City Council rejecting the proposed amendment. The City Council received the report and passed a motion placing the proposed amendment on the November 1998 ballot. The City Council could repeal Ordinance 96-9 before it is submitted to the voters. Since Minn. Stat. Chapter 410 does not address the mechanism for repealing an ordinance before it has been submitted to the voters, in my opinion the normal rule for repealing an ordinance would apply. The City Council could not amend Ordinance 96-9 without resubmitting the ordinance to the Charter Commission. Minn. Stat. § 410.12, Subd. 5 states that once an amendment proposed by the Council is submitted to the Charter Commission only the "originally proposed" amendment or "substitute amendment proposed by the Charter Commission" may be submitted to the voters. If the City Council submitted an amendment or new ordinance to the Charter Commission the clock would start over. Whether or not Ordinance 96-9 is repealed, additional Charter amendments can always be brought forward by petition, the City Council, or the Charter Commission. Roger N. Knutson RNK:sm Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121 I Agenda Number: F CITY'OF PLYMOUTH CITY COUNCIL AGENDA REPORT DATE: November 7, 1997 for the City Council Meeting of December 12, 1997 TO: Dwight D. Johnson, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: "ALL -WAY" STOP SIGN POLICY ACTION REQUESTED: After discussion, provide direction to City staff on how to proceed with the preparation of revisions to the City's policy for "All -Way" stop intersections in residential areas requested by petition. BACKGROUND: On October 15, 1997, the City Council adopted a moratorium on consideration of "All -Way" stop intersections initiated by citizen petitions until the City Council could study the issue and determine revisions to the current policy. The current policy attached) only states that "if the request is not recommended by the City Engineer, that upon a petition of 70% of the residents within 500 feet of the street intersection, it will be considered by the City Council." There is no criteria established in the policy on what basis the City Council will use in their consideration of the request. After extensive review by a committee composed of citizens, staff, and input from their traffic consultant, the City of Lakeville has recently adopted a policy concerning "All -Way" stops in residential areas. The traffic consultant for Lakeville is the same consultant, SRF Consulting Group, Inc., that the City of Plymouth uses for our traffic consultant. The City of Lakeville policy establishes measurable criteria for establishing justification for an All -Way" stop. It uses speed, traffic volumes, sight distances, and other conditions such as pedestrian activity caused by nearby schools, parks, or other pedestrian generators. The Lakeville policy is attached to this report. ALTERNATIVES: The Council needs to determine how to proceed with developing a policy. Several options are available: The Council could direct the establishment of a committee similar to what was used in Lakeville which included citizens, City staff, and technical assistance from a traffic consultant. Ply—nt\ntdiskI\PW\Engineering\SIGNSWOMMEMOS\Sign Policy.doc SUBJECT: "ALL -WAY" STOP SIGN POLICY Page 2 The Council could refer the establishment of a policy to the existing Public Safety Committee. The Council could adopt the City of Lakeville policy as the criteria to be used by Plymouth. DISCUSSION: I have discussed the formulation of the Lakeville policy with the traffic consultant. It did involve a very extensive and time consuming committee preparation, with extensive input in the measurable factors from the traffic consultant. The situations in the residential areas in Plymouth which are generating the request are no different than what took place in the City of Lakeville. For this reason, I believe extensive work has been done which Plymouth could use. Within the past year, there have been two residential areas in Plymouth where "All -Way" stops were requested and established. These were on Zircon Lane in western Plymouth, and Valley Forge Lane in the eastern part of the City. I believe we have, or could collect, the necessary data to use the Lakeville policy to determine what the recommendation would have been concerning these "All -Way" stops. We also have received a petition for an "All -Way" stop at 47' Avenue and Cottonwood Lane, which has not been considered because of the moratorium adopted by the Council. The necessary data can be collected for this intersection. RECOMMENDATIONS AND CONCLUSIONS: I would recommend that the City Council direct the staff to conduct the analysis on a recommendation for an "All -Way" stop for Zircon Lane, Valley Forge Lane, and the Cottonwood/47' intersection using the criteria established in the Lakeville policy. This work could be completed and a report made for the Council study session on December 10. I do not see the need to establish a separate committee to formulate a policy. Fred G. Moore, P.E. Director of Public Works attachments: Copy of City of Plymouth's Current Stop Sign Policy Copy of Lakeville's Stop Sign Policy Ply_nt\ntdisk 1\PW \Engineering\SIGNS\STOP\MEMOS\Sign_Pol icy, doc P \yr.,aot IN C c, rre•,t po I : GY POLICY CONCERNING REQUEST FOR STOP SIGN INSTALLATION Resolution No. 90-583 September 10, 1990 Supersedes Res. No. 82-590, dated November 1, 1982; Res. No. 81-389, dated June 22, 1981) The City Council is granted the authority to approve or deny requests for stop signs at intersections within the City. The City Council is aware that because of the emotional situation often surrounding such requests, it is sometimes difficult to analyze the request using rational criteria. To enhance the Council's ability to use rational criteria in evaluating stop sign requests and minimize the proliferation of signage, except where required, the following guidelines are adopted: 1. All stop sign requests are to be directed to the Engineering Division. 2. The City Engineer will evaluate each request using the State Uniform Traffic Warrant Criteria. A stop sign may be required at an intersection where one or more of the following conditions exist: a. The intersection of a less important road with the main road where application of the normal right-of-way rule is unduly hazardous. b. A street enters a through highway or street. C. Unsignalized intersections in an otherwise signalized area. d. Other intersections where combination of high speed, restricted view, and serious accident record indicates a need for control by- the stop sign. (Further information about stop sign criteria is available in the Minnesota Manual of Uniform Traffic Devices.) 3. If the intersection meets the criteria set forth in the Minnesota Manual of Uniform Traffic Devices, the City Engineer will request City Council approval of a resolution authorizing stop sign installation. 4. If the signs do not meet the criteria, the City Engineer will respond to the requesting party providing the reasons why the signs are not recommended. 11 5. Residents will be advised that they have an opportunity to bring their request before the City Council for consideration if they are not satisfied with the City Engineer's recommendation. The request shall be in the form of a petition with signatures of 70 percent of the residents whose property lies within a 500 foot radius from the intersecting street center lines. lla C i'v o; 4 L o,.Key .Ile ALL -WAY STOP CONTROL POLICY CITY OF LAKEVILLE G DAKOTA COUNTY, MINNESOTA RESOLUTION DATE: April 21, 1997 _ RESOLUTION NO: 97-89 MOTION BY: Holberg SECONDED BY: Mulvihill RESOLUTION AUTHORIZING ESTABLISHMENT OF AN ALL -WAY STOP CONTROL POLICY WHEREAS, in an effort to address numerous requests by residents to establish All -Way Stop Control intersections, on September 3, 1996, City Council authorized the establishment of a Traffic Safety Committee to develop an All -Way Stop Control Policy, and WHEREAS, this Committee consisted of 4 residents of the City, Steve Pecho, Greg Doyle, Ron Nystuen and Robin Brown, and 4 City staff personnel to include the: Director of Operations & Maintenance Don Volk, Police Lt. Richard Schwartz, Assistant City Engineer Tim Hanson, and Council Member Mary Liz Holberg, and WHEREAS, it was the goal of this Committee to establish an All -Way Stop Control Policy which would establish consistency in reviewing All -Way Stop Control intersection requests throughout the City on neighborhood streets, and WHEREAS, this Policy was to be established to remain consistent with the Lakeville Transportation Plan and the Manual on Uniform Traffic Control Devices, and WHEREAS, this Policy will be reviewed annually to insure effectiveness in review of All -Way Stop Control intersections requests. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville that the attached All - Way Stop Control Policy be authorized for implementation to be effective on the date of Resolution approval. APPROVED AND ADOPTED this 21st day of Ar)ril , 1997, by the City Council of the City of Lakeville. CITY OF LAKEVILLE BY: Duane Zaun, M6ir TES 1 harlene Friedges, City` Jerk CITY OF LAKEVILLE DEPARTMENT OP OPERATIONS MAINTENANCE ALL- WAY STOP CONTROL POLICY/ PROCEDURES JUSTIFICATION WORKSHEET - USE AND APPLICATION GUIDELINES ALL -WAY STOP CONTROL JUSTIFICATION WORKSHEET RESIDENTS' PETITION 0 INFORMATIONAL FLYER CITY OF LAKEVILLE DEPARTMENT OF OPERATIONS & MAINTENANCE RESIDENTIAL ALL -WAY STOP CONTROL REQUEST POLICY/PROCEDURES Due to the increasing number of requests for all -way stop control and to address concerns for vehicle speed and safety in residential neighborhoods, the City established a traffic safety policy committee to review current residential all -way stop control policy and procedures and recommend necessary changes in these policies and procedures. This appointed committee was made up of representatives from the City Council. local neighborhood residents and staff members from the operations and maintenance, engineering and police departments. This committee was assisted by the City's traffic engineering consultant. Meeting regularly the committee compiled and reviewed extensive materials concerning all -way stop control, neighborhood safety issues and other measures to respond to neighborhood residents concerns and the subsequent requests for all -way stop control. Based on this work the committee has formulated a recommended policy and procedure to respond to requests for all -way stop control in residential neighborhoods and to address the safety and quality of life issues related to these concerns. It is the il;ent of this policy, to address the need for a review, screening and justification procedure for the installation of all -way stop control in residential neighborhoods. The Minnesota Manual on Uniform Traffic Control Devices establishes "warrants" for all -way stop control. However, these warrants are not intended to address the conditions present on residential neighborhood/local streets. These Mn/MUTCD warrants are intended to address the conditions present on higher functional classification roadways such as major collector and arterial streets. The City of Lakeville residential all -way stop control policy recognizes that there are conditions that may justify all -way stop control at local residential street intersections . These predominant causes or conditions are related to vehicle speed, traffic volume, sight distance, pedestrian activity and traffic accident history. It also recognizes that there must be a method to screen requests for all -way stop control in order to reduce the indiscriminate use of all -way stop control where it is not justified. Upon receiving an initial request for all -way stop control the city will provide the interested party with an informational flyer describing the policy and procedure and specific information concerning all -way stop control. what it can and cannot do for the neighborhood, what the likelv side effects of all -way stop control are, what cautions should be considered, and who they should contact at the city should they choose to go forward with their request for all -way stop control. Along with this flyer, a petition form and instructions for use will be attached in order to obtain support in the form of signatures from the neighborhood. Should the neighborhood decide to go forward with their all -way stop control request, they should complete the attached petition form and submit this petition to the City of Lakeville Operations and Maintenance Department. Once this signed petition has been received by the Operations and Maintenance Department a site survey and traffic data collection will be scheduled for the subject intersection. This site survey and data collection can be done only from May through October due to weather related conditions. This site survey will include traffic volume counts on all intersection legs and an approach speed survey on the uncontrolled approaches. A review of sight distance, pedestrian use and traffic accident history for the past 12 months will also be completed. When the site survey/traffic data collection has been completed, the subject site will be evaluated based on a worksheet system where points are scored for the various speed, volume, sight distance, traffic accident history and pedestrian use criteria. When a minimum point threshold is reached or exceeded the all -way stop control may be justified. The final recommendation to install all -way stop control will be made based on this evaluation and the professional judgment of the appropriate city staff. Once the final recommendation to install all -way stop control has been given, for the subject intersection the appropriate Resolution for City Council action will be prepared and included in the agenda for the next available City Council meeting. The neighborhood will also be notified of this action. If the final recommendation for the subject site is not to install all -way stop control, the neighborhood will be notified of that decision and provided additional materials relative to their case and what other actions or measures could be considered. USE AND APPLICATION GUIDELINES FOR THE CITY OF LAKEVILLE RESIDENTIAL ALL -WAY STOP CONTROL JUSTIFICATION WORKSHEET The residential all -way stop control justification worksheet was developed in order to respond to increasing requests by residents for all -way stop control to address safety concerns in their neighborhoods. This worksheet is the product of a cooperative work between residents, city council, city staff, and assisted by the City's traffic engineering consultant, all part of an appointed traffic safety policy committee. In following the intent of the recommended policy and procedures for residential all -way stop controls, this worksheet was developed to evaluate the speed, volume, site distance, traffic accident, and pedestrian activity criteria for the subject intersection request. This policy and procedure is intended only for local/residential neighborhood street intersections with speed limits of 30 mph. Higher functional classification streets such as major collector or arterial streets are not applicable to this Policy Procedure and the standard All -Way Stop Control Warrants in the Minnesota Manual on Uniform Traffic Control Devices apply. Following are directions for completing the worksheet. Functional Classification Review The first step in this process is to review the current City Transportation Plan to verify that the subject intersection is not on a designated major collector or arterial street. If the subject intersection is on a major collector or arterial street the vin Manual on Uniform Traffic Control Devices supersedes this procedure and the Mn.MUTCD warrants for All - Way Stop Control shall be applied. Residents Petition Once the petition for residential all -way stop control has been submitted to the City, a review is made of the number of "households" within 300 feet of the intersection that have signed the petition. Either through the site survey or by use of appropriate mapping, the "total" number of households is determined within 300 foot from the center of the subject intersection and along the streets that would be affected by the AWSC. From the number of households (not the number of residents) signed on the petition and the total number of households within 300 feet of the subject intersection. the percent of households sinning the petition is made. At least 51 percent of the total number of households within 300 feet of the subject intersection must have signed the petition. Approach Speeds Based on the speed data collected for the uncontrolled approaches to the subject intersection enter these speeds in the blanks on the worksheet and mark two boxes on the worksheet, one for the highest 85th percentile speed and one for the highest recorded speed group with 2 or more observations. Traffic Volumes Based on the average daily approach traffic volumes collected at the subject intersection, enter the approach traffic volumes in the blanks on the worksheet and mark two boxes on the worksheet, one for the major street '`total' approach volume (both approaches) and one for the highest minor street approach volume (doubled or times two). Sight Distance Based on the site survey, determine if the available site distance on each uncontrolled approach to the subject intersection is adequate. This can be done by driving or walking those uncontrolled approaches and stopping at a "point" 300 feet and also at 450 feet from the subject intersection. At each of these locations look to see if some feature on the controlled approach like a car, curb, sign or other appropriate feature is visible from that location. Measure the distance between a "point" at 300 feet and also at 450 feet from the center of the subject intersection using either a vehicle installed distance measuring instrument (DMI) or measuring wheel. Mark the box and score 60 points on the worksheet if the sight distance is less than 300 feet (unsafe condition). Where the controlled approach is not visible from the 300 foot point. Mark the box and score 10 points if the sight distance is greater than 300 feet but less than 450 feet (uncomfortable condition). Where the controlled approach is visible at the 300 foot point but not at the 450 foot location. Other Conditions Based on traffic accidents recorded by the City police for the last 12 month period enter the number of accidents (not number of vehicles or persons involved) in the blank space. Multiply this number of accidents by 10 points and enter the score in the adjacent box. Based on the site survey and other available information mark the box and score 10 points if there is significant pedestrian activity crossing the subject intersection caused by a nearby school, park, bus stop or other pedestrian generator. Worksheet Results Total the points scored for each category box marked or the points for accident history and enter that total in the total points box. If the total point score is greater than or equal to 100, all -way stop control may be justified at the subject intersection. The final recommendation to install All -Way Stop Control at the subject intersection will be made based on the results of this worksheet and the professional judgment of the City Staff. CITY OF LA KEV I L L E DEPARTMENT OF OPERATIONS AND MAINTENANCE RESIDENTIAL STREET ALL -WAY STOP CONTROL JUSTIFICATION WORKSHEET INTERSECTION LOCATION: EXISTING TRAFFIC CONTROL: DATE: ihis Residential Street All -Way Stop Control Justification'Norksheet is applicable only to intersections of residential streets with speed limits of 30 miles per hour. This proceedure is 'not' to be applied to the intersection of a focal residential street with a major collector or arterial street as identified in the Citys Transportation Plan. I RESIDENTS' PETITION A petition has been submitted to theiCity which has been signed by more than 501.0 of the residents within 300 feet of the subject intersecticn and who live on the streets that would be affected by the requested All -way Stop Control. SUBMITTED BY: DATE: ADDRESS: PHONE: APPROACH SPEEDS 1 2 Uncontrolled aoproacn speed. Check two boxes, one for the 85th percentile 27.5 miles per hour or less 0 points approach speed group and one for the highest recorced speed group with 27.6 to 32.5 mites per hour 10 points two or more observations. 32.6 to 37.5 miles per hour 20 points 85th percentile approach speed (hignest approach). n 37.6 to 42.5 miles per hour 30 points 110 M = highest recorded speed group with rro or more observations. 40 El Elto47.5 miles per hour paints 47.6 to 52.5 miles per hour 50 points 52.6 miles per hour or more 60 paints TRAFFIC VOLUMES 1 2 Intersection approach daily traffic volume. Check two boxes, one for the Less than 250 vehicles per day 0 paints total major street approach volume and one for the highest minor street leg. 250 to 450 vehicles per day 10 points 11 = total daily traffic volume for both major street approaches. 450 to 700 vehicles per day 20 points 2 = highest minor street approach daily traffic volume (times two). 700 to 1000 vehicles per day 30 points More than 1000 vehicles per day 40 points SIGHT DISTANCE RESTRICTION The safe stopping sight distance on any uncontrolled approach is restricted to less than 300 feet by horizontal and/or 60 points vertical roadway alignment, or by other 'permanent' obstructions to sight distance. The safe stopping sight distance on any uncontrolled approach is greater than 300 feet but less than 450 feet due to 10 points horizontal and/or vertical roadway alignment, or other *permanent' obstructions to sight distance. OTHER CONDITIONS f The number of reported traffic accidents at the subject intersection within the past 12 months = x (times) 10 points = School, park, bus stco or other major pedestrian generator causing many pedestrians to cross the subject intersection. 10 points PREPARED BY: Total Points It the worksheet point total Is greater than or equal to 100, all -way stop control may be 'Justified' at the subject intersection. See the reverse side of this worksheet for an explaination of the results of this review and the status of this request. CITY OF LA KEV 1 L L E DEPARTMENT OF OPERATIONS AND MAINTENANCE RESIDENTIAL STREET ALL -WAY STOP CONTROL JUSTIFICATION WORKSHEET RESULTS AND STATUS OF THIS RESIDENTIAL STREET ALL -WAY STOP CONTROL REVIEW Total Points Results and Status 100+ Conditions at the subject intersection may 'justify' installation of residential street all -way stop control. After further review, a final City staff recommendation will be made based on the results of this worksheet and professional judgement. If the recommendation is to install All -way Stop Control a City Council Resolution will be prepared and submitted for Council action on the next available City Council agenda. Once the City Council has approved this Resolution the all -way stop control will be installed as soon as work schedules permit. 80-90 Conditions at the subject intersection 'do not' justify installation of residential street all -way stop control at this time. However, conditions do warrant further future review. In approximately 12 months the City staff will initiate contact with the neighborhood to verify continued interest in all -way stop control installation at this intersection. If so, traffic data collected will be updated and the intersection re-evaluated. After one re-evaluation that results in 90 points or less the neighborhood will be reguired to submit a new petition at such time that they feet conditions have changed significantly and continue to want All -way Stop Control. 80 Conditions at the subject intersection 'do not' justify installation of residential street all -way stop control at this time. However, further review may be justified at some future time. After two or more years, or after the neighborhood feels there has been a significant change in conditions, the neighborhood can submit a new petition for residential street all -way stop control at this intersection. Should there be any questions or comments concerning this review please contact: Don Volk, Director of Operations and Maintenance at: 9854541 CITY OF LA KEVI LLE DEPARTMENT OF OPERATIONS AND MAINTENANCE LRESIDENTS' PETITION FOR RESIDENTIAL STREET ALL -WAY STOP CONTROL REVIEW INTERSECTION LOCATION: Neighborhood Representative: Date: Representative's Address: Phone: We; the undersigned residents of the neighborhood within 300 feet of the above referenced intersection and residing on the subject streets, petition the City of Lakeville to undertake a review of conditions at this intersection in consideration of installation of Residential Street All -way Stop Control. This Petition is submitted to the City in response to concern for safety and well being in the neighborhood. Specific concerns identified for each household are listed as follows (choose one or two most important): 1. 2. 3. 4. 5. 6. Speeding Traffic Through Sight Traffic Other Traffic Volume Traffic Distance Accidents (state) HOUSEHOLD ADDRESS HOUSEHOLD SIGNATURE CONCERN ;# No DATE: October 6, 1997 TO: Dwight D. Johnson, City Manager FROM: Dale Hahn, Finance Director SUBJECT: Publishing delinquent utility customers listing At the September 3`d Council meeting, Councilmember Bildsoe inquired about the possibility of publishing the listing of delinquent utility customers in an effort to reduce the volume of delinquencies. I have asked Roger Knutson if there is a problem with doing this. He said it is legal to do so. I have inquired into the cost of publishing this listing. The estimated cost would be about $500. I have attempted to list the pros and the cons of doing this: PROS CONS Encourage more payments Cost of publishing Reduce volume of delinquent letters May aggravate some citizens Save staff time preparing rolls etc. Real dead beats won't pay anyway Will still need to hold public hearing for balance of delinquencies The City also receives 8% interest on all levied assessments from the date of levy until December 3151 of the following year. November 10 , 1997 Gleason Lake Drive Association n , i 1 - iuthvrogoryAlaustnerPeterfist To The: City Council of Plymouth: GLDA) Q Robert Hall To implement the five requests we presented to The City Council on October 15, 1997 for your consideration, we ask that you do so for item number five, namely that there be signs p,)sted at each end of this one mile stretch of Gleason Lake Drive stating "No through trucks." We do request that The City Council pass an ordinance which restricts all trucks with axle weight of 3000 pounds or more from passing through Gleason Lake Drive between Carlson Parkway and Vicksburg Lane and not having business along our road. Thank you. Gleason Lake Drive Association (GLDA)