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HomeMy WebLinkAboutCity Council Packet 12-11-2007 SpecialAgenda City of Plymouth Special City Council Meeting Tuesday, December 11, 2007 5:30 p.m. Medicine Lake Room 1. Call to Order 2. Discuss report on Tax Increment Financing 3. Discuss report on Multiple Animal Licenses 4. Discuss report on Outlots Part 1 Part 2 Bass Lake Estates Bass Lake Heights GoMea's 3rd Add. Hnrlhnr Plnri- Harrison Hills 2nd Add. Heritage West 2nd Heritage Woods Estates 2nd Add Plvmouth Creek 2nd Add. Rolling Hills Park Westridge Estates 1St Woodale North 5. Review concept plans for Hilde Performance Center 6. Adj ourn City of Plymouth and the Plymouth HRA August, 2007 EH:LERS AS_SOCIATE S INC: LEADERS IN PUBLIC FINANCE N Citj of Plymouth TIF Financial Plan August 2007 Executive Summary — Tax Increment Financing (TIF) Financial Plan Revenue from tax increment financing (TIF) districts is a.financial asset of the City of Plymouth for the projects which were initially assisted and for the City as a whole. This revenue will first be used to pay debt service on outstanding bonds and developer financed obligations. A portion (but not all) of the remaining revenues can be used to participate in other eligible development projects. Ehlers & Associates worked with City staff to create the following plan for the management of TIF districts and the related obligations. The management of TIF districts is an ongoing activity. TIF requires administrative oversight for reporting, tracking parcel information, compliance with use restrictions in the TIF law and the development agreements, and annual income and debt service. The factors that produce tax increment revenues such as tax rates, assessor's values, and class rates change every year. The state property tax laws, have changed significantly since 1997, including the major reforms enacted in 2001. Despite reductions in revenue due to the reform, the City has more than adequate cash flow to pay for all outstanding general obligation (G.O.) tax increment financing bonds. A few of the TIF districts for which project costs were paid through a "pay- as-you-go" may not meet scheduled principal and interest payments, depending upon future values and rates. The City has no obligation to make up shortfalls for the "pay-as-you-go" notes. The revenues from the City's districts are largely site specific, meaning that the revenues are restricted by law and by contract with the developers. The TIF must be used primarily to address housing or redevelopment needs for the parcels in the TIF district within a specified period of time. The Office of the State Auditor (OSA) has a TIF division which is mandated by state law to collect annual reporting forms and, if necessary, audit the use of TIF. Such audits could result in a letter to the county attorney or attorney general for enforcement actions. To date the City has not been audited and its letters received from the OSA regarding inquiries have related to general questions about the reporting forms themselves rather than concerns about the use of tax increment in the City. How Much TIF Is Too Much? Plymouth has utilized TIF for key redevelopment and housing projects in the City. Is the City using the tool too much or not enough? One good way to measure use of TIF is to compare with similar cities in the use of TIF. A common measure of the use of TIF is the percentage of the gross tax base is captured in TIF districts. Below is a chart which demonstrates the City of Plymouths current and projected tax base which is captured in TIFAistricts and similar cities' situation. E Cihj of Plymouth TIF Financial Plait City of Plymouth Projected Captured TIF Tax Capacity and Comparison with Other Cities Aitgust 2007 City of Plymouth Captured TIF as a % of Tax Base City Tax Rate City Bond Rating Minneapolis 14.8% 56.69% Aa1/AAA Brooklyn Park 12.3% 35.25% 2004 2005 2006 2007 2008' 2009 2010 2011 2012 Captured TIF Tax Capacity 537,046 599,534 692,981 874;733 944,712 1,020,289 1,101,912 1,190,065 1,285,270 New Districts Aa1 Eden Prairie 2.4% 27.86% 200,231 320,672 375,838 380,259 384,768 Future Captured TIF Tax Capacity 537,046 599,534 692,981. 874,733 1,144,943 1,340,961 1,477,750 1,570,324 1,670,038 Total Tax Capacity (Gross) 87,446,859 95,479,173 103,482274 113,032,369 122,288,664 132,437,343 143,453,981 155,357,287 168,218,301 Percentage of Tax Base in TIF 0.6% 0.6% 0.7% 0.8% 0.9% 1;0% 1.0% 1.0% 1.0% Assumes 8% annual increase in tax base and TIF Comparable Cities Captured TIF as a % of Tax Base City Tax Rate City Bond Rating Minneapolis 14.8% 56.69% Aa1/AAA Brooklyn Park 12.3% 35.25% Aa2 Golden Valley 8.4% 41.28% Aa1 Edina 7.7% 21.15% Aaa/AAA Bloomington 6.5% 32.89% Aaa/AAA Minnetonka 2.9% 28.42%o Aaa Maple Grove 3.5% 30.17% Aa1 Eden Prairie 2.4% 27.86% Aaa Plymouth 0.8% 23.28% Aaa The City is below average today.versus similar cities in the use of TIF. Also shown are comparable cities' tax rates and bond ratings. Although this is a small sample of municipalities, the,amount of TIF_used by a City does not seem to correlate directly with a City's tax rate or bond rating. In conversations with rating agencies, we do know that market value growth is an important factor in maintaining Plymouth's Aaa bond rating. Redevelopment plays an important factor in market value growth. Following is a table which demonstrates the historical market value growth of the City of Plymouth. 3 Cihj of Plymouth TIF Financial Plan Tax Year Payable 2007 2006 2005 2004 TIF Financial Plan: History Taxable Market Value 9,417,202,000 8,634,475,000 7,948,847,200 7,154,421,600 Percent Change From Prior Year 9.07% 8.63% 11.10% 9.82% 1. The City has seven existing tax increment financing districts, with the earliest district established in 1995. August 2007 2. The 2001 State Legislature enacted significant changes in the propertytax system. Reductions in class rates decreased the taxable.(tax capacity) value of property in all TIF districts from pay 2001 to pay 2002 by over 25%. TIF from District 7-4 and 7-6 were modified to be able to supplement District 7-5A to fund any potential bond payment shortfalls resulting from the 2001 tax reform. 3. In addition to the tax system changes, the Legislature eliminated the LGA/HACA penalty and the alternative qualifying local contribution. This is an overall benefit to the City. There is no current penalty or cap in place by the State limiting the use.of tax increment and no general fund dollars are required to supplement TIF. Assumptions Before discussing the findings of the current TIF analysis, it is important to understand the assumptions used in making these projections. 1. Cash balances shown for debt service funds are based on actual amounts for December 31, 2006. 2. Pay 2006 tax increment revenues are based on City reported actual revenue collections. Pay 2007 revenues are based upon Hennepin County projections.. 3. Projected revenues do not account for additional development (except the developments under a development 4 r Cihj of PlymoUth TIF Financial Plan August 2007 agreement) or inflation of existing values. 4. For districts with residential homestead property, a portion of the TIF revenue shown is actually received from the State of Minnesota through market value homestead credit payments. The State payments will not be made with the semi- annual tax increment collections, but will be paid in October and December. TIF Summary The following is a brief summary of each TIF district: District TIF 1-1 Shops at Plymouth Creek TIF 1-2 Vicksburg Commons TIF 1-3 Plymouth Crossroads TIF 7-4 Hoyt TIF 7-5A Village at Bassett Creek TIF 7-6 Berkshire TIF 7-7 Stone Creek Village TIF Authority HRA HRA HRA city City City Cit District Type Redevelopment Qualified Housing Redevelopment Redevelopment Housing Redevelopment Housing Project Retail/Senior Housing Vicksburg Commons 1.Plymouth Crossroads Station Plymouth Technology Park Approved 11/23/2004 6/16/2006 9/11/2006 8/1/1995 9/2/1998 10/10/2000 5/14/2002 Legal max term 12/31/2031 12/31/2033 12/31/2034 12/31/2023 12/31/2026 12/31/2028 12/31/2028 Anticipated term 12/31/2031 12/31/2033 12/31/2034 TBD 12/31/2023 12/31/2028 12/31/2028 First Increment July 2006 July 2008 July 2009 July 1998 July 2001 July 2003 July 2003 Anticipated Last Increment December 2031 December 2033 December 2034 December 2023 December 2026 December 2028 December 2028 Current Obligations 2005A GO Tax Increment Bonds Vicksburg Commons PAYG Dove Capital LLC _ PAYG None 1998A GO Tax Increment Bonds Continential Property Group PAYGO 2003 Tax Increment Revenue Note 2007 Estimated TIF Revenue 113,322 1 N/A I N/A 1 $267,290 1 $143,016 135,192 127,270 County Number 2074 1 2075 1 2076 1 2069 2071 2072 1 2073 5 City of Plymouth TIF Financial Plan Findings and Recommendations August 2007 The updated financial analysis of the City of Plymouth's TIF Districts offers the following findings and recommendations: Administrative authority for TIF. The City Council may want to discuss its preferred role in the administration of TIF districts, Currently both the HRA and the City Council administer different TIF districts. A Housing and Redevelopment Authority is established pursuant to Minnesota Statutes Sections 469.001 to 469.047. HRA's redevelop blighted areas and promote affordable housing. The statute gives an HRA the power to construct projects, acquire property, levy taxes and issue bonds. The HRA may designate a geographic area as a Project Area, in which tax increment districts may be created. The types of TIF projects for an HRA include redevelopment projects, housing projects and housing development projects. The Plymouth HRA is the TI F authority for TIF districts 1-1, 1-2 and 1-3, which were created within the Redevelopment Project Area No. 1. The City Council must hold a public hearing and approve a TIF plan during the establishment of a TIF district which is administered by the HRA. After the District is established, the HRA can act independently of the City Council in matters relating to TIF as long as the HRA stays within the original budget and the HRA's authorizing resolution: The City of Plymouth is the TIF authority for TIF districts 7-4, 7-5A, 7-6 and 7-7. These districts were created within the Municipal Development District No. 7, which was established in 1988.. A Municipal Development District is established pursuant to Minnesota. Statutes Sections 469.124 to 469.134: The City may adopt a development program for the area, acquire land or easements, and/or negotiate the sale of land or lease of property. HRA Districts financial status. The three HRA districts are, new and do not have a history of TIF payments. District 1-1 does have outstanding G.O. TIF Bonds which should be watched carefully. The capitalized interest, unused discount and accrued interest for the bond paid debt service through August 1, 2007, according to bond documents. For 2007, the projected increment is $133,322 and the annual debt service is $52,310. District 1-2 is obligated to pay increment according to a development agreement with Vicksburg Commons Limited Partnership. In it, the HRA agreed to loan $250,000 to the developer, which would be repayable from 50% of the tax increment received from the TIF district. District 1-3 is obligated to pay increment according to a development agreement with Dove Capital, LLC. The note is equal to 6 Cihj of Plymouth TIF Financial Plan 1,687,000 at 6% interest. Citv Districts financial status. August 2007 TIF district 7-4 has paid off its original obligations. Its only remaining obligation is to supplement debt service for TIF district 7-5A when a shortfall occurs. To date, no transfers have occurred. TIF district 7-4 has approximately $1,700,000 in cash balance, which could be redistributed in 2007 to the regular taxing districts of which the City would receive at least $500,000. Pursuant to the TIF modification in December 2001, the amount that. 774 can contribute is limited to $6.9M. Because the original obligations were repaid, TIF must either be used to supplement 7-5A or be returned to the County. Annuallythe City should determine how much is necessary for TIF 7-5A and how much should be returned to Hennepin County for redistribution. TIF 7-5A. The district had a year end surplus of $132,100 but is projected to be in near deficit by 2011. The G.O. TIF Bonds could be called in 2009 or could be refinanced as an advance refunding to lower interest costs today. A refunding today would reduce interest costs by over $100,000 through the 15 year remaining life of the bonds. If all of the excess from TIF 7- 4 could be used to prepay the bonds, a refinancing would .not be necessary at this time. However, due to the limitation on the use of TIF from district 7-4 for shortfalls related to tax compression only, the refinancing may be viable. We recommend the City wait until more is known about the County's intent for use of other TIF districts before a refinancing is contemplated. After the bonds are paid off, the City could decertify the district or use the TIF housing revenues for other affordable housing developments in the City TIF 7-6. The City has approximately 25% of the annual TIF to use for pooling for housing purposes in the City and the Development District on an annual basis. The HRA and the. City entered into an agreement to pledge these funds to the Vicksburg Crossing Project. This amounts to approximately $35,000 per year. If not used for other activities, the annual TIF can be used to supplement TIF 7-5A (and decertify 7-4) or be annually returned to Hennepin County. TIF 7-7. Like all housing districts, the City should regularly monitor development agreement obligations and income restrictions. Role of housing fund. The City has transferred funds into a non -TIF fund, the Affordable Housing Fund. The City may want to expend those funds on debt service for an eligible housing development and close the non -TIF housing fund. The Legislature has loosened restrictions on housing districts. Instead of a housing fund, the City could collectively pool TIF from its housing districts for eligible projects 7 Cihj of Plymoitth TIF Financial Plan Summary of Outstanding .Principal Amounts of Existing Obligations (12/31/06): District Obli ation ' - Outstanding TIF 1-1 Shops at Plymouth Creek 2005A GO Tax. Increment Bonds 1,370,000 TIF 1-2 Vicksburg Commons Vicksburg Commons PAYGO Minnesota Hsg Finance Agency 250,000 250,000 TIF 1-3 Plymouth Crossroads Dove Capital LLC PAYGO 1,687,000 TIF 7-4 Hot See note 1 below See note 1 below TIF 7-5A Village at Basset Creek - 1998A GO Tax Increment Bonds 2,760,000 TIF 7-6 Berkshire Continental PAYGO 928,890 TIF 7-7 Stone Creek Village 2003 Tax Increment Revenue Note 1,365,034 Note 1: Increment from this district is pledged to pool to. TIF 7-5A for anticipated deficits in that district. Note 2: The PAYGO for TIF 1-3 was issued May 2007. Summary of Uncommitted Balances August 2007 The following table is a summary of uncommitted balances, given the assumptions of the study and also using debt as it currently exists. Fund Balance Analysis Redevelopment Districts TIF 1 -1 -Shops at Plymouth Creek TIF 7-4 Hoyt . TIF 7-6 Berkshire Subtotal Redevelopment Housing TIF 7-5A Village at Basset Creek TIF 7-7 Stone Creek Village Subtotal Housing 882,786 6,325,152 1,415,351 8,623,289 644,423 . 244,005 888,428 Fj Citj of Plymouth TIF Financial Plan TIF 1-1 Shops at Plymouth Creek Description: August 2007 The Shops at Plymouth Creek is a Redevelopment District established in 2004. The Plymouth Housing and Redevelopment Authority is responsible for this district. The District is located within the Redevelopment Project Area No. 1, which was established in 2004, which appears to include all but the northwestern corner of the City. Originally, the district encompassed one 28 acre parcel of land, lot 1, block 1, Spicer Addition, PID 20-118-22-14-0002 and was established to facilitate the redevelopment of the parcel into a combination of retail and senior housing. Adopted: 11/23/2004 Requested Date: 12/21/2004 Certified Date: 04/04/2005 Decertifies 12/31/2031 Parcels: Original Parcels o 20-118-22-14-0002 Current Parcels o 20-118-22-14-0005 o 20-118-22-14-0006 o 20-118-22-14-0007 o 20-118-22-14-0008 o 20-118-22-14-0009 o 20-118-22-14-0010 Allowable Uses: MN Statute 469.176 sub 4j specifies the activities on which tax increment from a redevelopment district may be spent. In general, tax increment must be spent on correcting those conditions which caused the area to be designated a redevelopment district. Allowable uses include property acquisition, demolition, - rehabilitation, installation of public utilities., road, sidewalks, public parking facilities, and allowable administrative, expenses. 9 City of Plymouth TIF Fbimicial Plan Obligations: August 2007 In 2005, the City of Plymouth issued the $1,370,000 GO Tax Increment Bonds of 2005A to finance public improvements in the District. As of December 31, 2006, $1,370,000 was outstanding on the bonds. The bonds are fully repaid in 2023, or 8 years before the District is required to expire. Other Development Agreement Compliance Aside from unavoidable delays, all five phases of the project was expected to be substantially completed by December, 2006. The development agreement entered into with Shops at Plymouth Creek, LLC has requirements concerning minimum market valuation amounts for the five phases, beginning in 2006. The City should monitor whether the development property market value coincides with the amounts agreed upon the Development Agreement and the Minimum Assessment Agreement. Three Year Rule: MN Statute 469.176 sub 1a was repealed in 2005. However, the requirement is still effective for districts which were adopted when the rule was in place. Thus, the Shops at Plymouth Creek are still required to comply with the three year rule. The three year rule states that, within three years from certification date, bonds much be issued, the authority has acquired land or has caused public improvements to be constructed in the district. TIF 1=1 met the requirement when the 2005A GO Tax Increment Bonds were issued in April 2005. Four Year Rule: MN Statute 469.176 sub 6 requires that, within four years from certification date, certain activities must have taken place on each parcel with the TIF district. Required activities include demolition, rehabilitation, renovation and site improvements. If these activities have not taken place within the required time, the parcel is'knocked down from the district, meaning, that no increment may be collected from that individual parcel for the duration of the district. The law, does, however allow for reinstatement procedures should the required activity later occur on the parcel. TIF 1-1 Four Year Rule deadline is April 4, 2009. 10 Cihj of Plymouth TIF Financial Plan August 2007 Five Year Rule: MN Statute 469.1763 places limits on the amount and the length of time in which revenues from the TIF district may be used for activities outside the district. In general, for the TIF 1-1 redevelopment district, at least 80% of tax increment revenues must be used to pay for qualified costs within the district. This is considered the 'in district' percent. Subdivision 3 of this section of the statute further specifies that within five years, tax increment must actually be paid for activities, bonds issued, contracts entered into in order for revenues to be considered to have been spent. The five year deadline is April 2010. Geographic Enlargements: MN Statute 469.175 sub 4 (f) places limits on the length of time -a TIF district may add parcels. No parcels may be added five years after the certification date. TIF 1-1 may not be enlarged after April 2010. Recommendations: TIF District 1-1 does have outstanding G.O. TIF Bonds which should be watched carefully. The capitalized interest, unused discount and accrued interest for the bond paid debt service through August 1, 2007, according to bond documents. For 2007, the projected increment is $133,322 and the annual debt service is $52,310. The current cash flow projections for the Shops at Plymouth Creek TIF District appear in the table below. 11 Cihj of Plymouth TIF Financial Plan August 2007 CityciPlymouth Fund Balance Analysis 71F 1.1 Shops at PItmoulh Cieek Redevelopment Cdp approved:1112MOD4 Cod Request:12121QO04 Certified: 04WOO5 Decedfes:1213112031 e.4nam379 End of District Accdd for Nojecled Projected In P601 Original Actual 2801 2030 2029 2028 2027 2026 2025 2024 2023 2022 2021 2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 2010 2DD9 2DD8 2001 2006 2005 Years Beginning Fund Balance Budget TORI 754,753 630,448 509,764 392,594 278,836 168,395 61,168 42,93bj 25,015; g'am, 8,887 24,406 36,679 56,445 72,601 86,937 99,230 114,218 126,801 141,716 1530 167,935 154,270 107,814 53,139 62,513 i-11--- Revenues BDndpmceeds 1,500,000 1,310,000 1,370,ODO Tai increment 2,900,000 2,834,446 113,324 113,324 113,324 113,324 113,324 113,324 - 113,324 113,324 113,324 113,324 113,324 113,324 113,324 113,324 113,324 113,324 113,324 113,324 113,324 113,324 113,324 113,324 113,324 113,324 113,324 1,346 Interest 168,000 136,298 22,643 18,913 15,293 11,778 8,365 5,052 1,835. 11,2681 4751; 1,2300; 266 732 1,160 1,693 2,178 2,608 2,977 3,427 3,804 4,251 4,615 5,038 4,628 3,234 1,594 18 14,576 413 WHC 0 Sale-Aease proceeds 0 Idergovemmental 0 Localconlnbulion 96,797 96,797 Idedund bans 0 TraWerlo 0 Total Revenues 4,568,ODO 4,439,541 135,967 132,237 128,611 125,102 121,669 118,376 115,159 112,036 112,573 113,094 113,590 114,056 114,484 115,017 115,502 115,932 116,301 116,751 117,128 117,575 117,939 118,362 117,952 116,558 114,918 98,161 1,384,576 113 Expenditures LandkiHing 525,ODD 525,000 525,000 Site 688,448 30,995' 657,453 Public utSdbs 3,168 3,168 SKi3ft(re3tbnal 45,062 45,062 Strwsdewans 665,000 14,316 74,316 Bond Princol 1,500,000 1,370,000 120,000 115,000 110,000 105,ODO 1DD,000 100,000 95,000 90,000 85,000 85,ODD 80,000 80,000 75,000 15,000 45,000 10,000 Interest 1,050,000 628,699 2,550 7,515 12212 16,647 20,825 243}50 28,726 32,335 35,661 36,8% 41,778 44,558 47,137 49,518 51,355 52,170 52,310 69,146 Ad* 145,000 209,732 7,933 1,933 7,933 7,933 7,933 7,933 70 7,933 7,933 7,933 7,933 7,933 7,933 7,933 7,933 7,933 7,933 70 7,933 7,933 7,933 7,933 7,933 7,933 7,933 3,626 5,138 2,651 Loan Pmcgal 0 Interest 0 Capdep¢edInterest 250,000 0 Bad discount 12,330 12,330 0 0 Other protect area improvements 0 Tmnsferoul 433,000 0 Total Expenditures 4,568,000 3,556,755 7,933 7,933 7,937 7,933 7,933 7,933 7,933 7,933 130,483 130448 130,145 129,560 128,758 132,783 131,659 130,268 128,594 131.739 129,711 132,491 130,010 132,451 104.288 70103 60,243 107,535 1,244,983 76,967 projected Ending Fund Balance 882,786 882,786 754,753 630,448 509,764 392,594 278,838 168,395 61,168 i42,935) (25,625) (?672) 8,883 24,406 38,679. 56,445 72,601 86,937 99,230 114,218 126,801 141,116 153,846 161,935 154,270 101,814 53,139 62,513 "11,080 12 City of Plymouth TIF Financial Plan TIF 1-2 Vicksburg Commons Description: August 2007 Vicksburg Commons is a Qualified Housing District established in 2006. The Plymouth Housing and Redevelopment Authority is responsible for this district. The District is located within the Redevelopment Project Area No. 1, which was established in 2004, wl-uch appears to include all but the northwestern corner of the City. Originally, the district encompassed a 19.53. acre parcel of land and was established to facilitate the redevelopment of a 50 unit town home development. Adopted: 06/13/2006 Requested Date: 06/29/2006 Certified Date: 07/17/2006 Parcels: Original Parcels o 04-118-22-22-0001 Current Parcels o 04-118-22-22-0005 o 04-118-22-22-0006 o 04-118-22-22-0007 Allowable Uses: MN Statute 469.176 sub 4d specifies the activities on which tax increment from a housing district may be spent. In general, tax increment must be spent solely to finance the cost of the housing project. Allowable uses include public improvements that are directly related to the housing project and allowable administrative expenses. Obligations: In October of 2006, the HRA entered into a development agreement with Vicksburg Commons Limited Partnership. In it, the HRA agreed to loan $250,000 to the developer, which would be repayable from 50 % of the tax increment received from the 13 Cihj of Plymouth TIF Financial Plan August 2007 TIF district. In addition, the .HRA agreed to reimburse the developer for public improvement costs and issued a Tax Increment Note in the amount of $250,000, payable from the remaining 50% of tax increment revenues at 6% interest from August 1, 2008 through February 1, 2034. Other Development Agreement Compliance . The development agreement contains specific requirements concerning income restrictions. The developer agreed to comply with income and rent requirements for the rental units. The City should monitor that the developer has submitted by February 1 of each year the Compliance Certificate related to this restriction. The developer also. agreed to a minimum assessment value of the project of $2,643,000 by January 2, 2007 and $6,835,000 by January 2, 2008. The City should also monitor that this has occurred. Four Year Rule: MN Statute 469.176 sub 6 requires that, within four years from certification date, certain activities must have taken place on each parcel with the TIF district. Required activities include demolition, rehabilitation, renovation and site improvements. If these activities have not taken place within the required time, the parcel is'knocked down' from the district, meaning, that no increment may be collected from that individual parcel for the duration of the district. The law, does, however allow for reinstatement procedures should the required activity later occur on the parcel. TIF 1-2 Four Year Rule deadline is July 17, 2010. Five Year Rule: MN Statute 469.1763 places limits on the amount and the length of time in which revenues from the TIF district may be used for activities outside the district. In general, for the TIF 1-2 redevelopment district, at least 80% of tax increment revenues must be used to pay for qualified costs within the district. This is considered the district' percent. Subdivision 3 of this section of the statute further specifies that within five years, tax increment must actually be paid for activities, bonds issued, contracts entered into in order for revenues to. be considered to have been spent. Subsequent State Legislatures have broadened the ability to use tax increment from a housing district for housing purposes, notwithstanding this provision. The five year deadline is July 17, 2011. Geographic Enlargements: 14 Cita/ of Plymouth TIF Fifiaucial Plan August 2007 MN Statute 469.175 sub 4 (f) places limits on the length of time a TIF district may add parcels. No parcels may be added five years after the certification date. TIF 1-2 may'not be enlarged after July 2011. r Combliance Reauirements: Income limitations are required to be monitored on an on-going basis for a Qualified Housing Districts. The Authority is required to substantiate that the applicable income limitations and rent restrictions are being met on an annual basis for rental units and for the first purchasers of an owner occupied housing unit. The compliance must be completed regardless of whether the project receives tax credits or not, pursuant to 469.174 sub 11 and 469.174 sub 29. Recommendations: No activity has occurred in the District yet, so the cashflow is not presented. 15 Cihj of Plywitth TIF Financial Plan TIF 1-3 Plymouth Crossroads Description: August 2007 Plymouth Crossroads is a Redevelopment District established in 2006. The Plymouth Housing and Redevelopment Authority is responsible for this district. The District is located within the Redevelopment Project Area No. 1, which was established in 2004, which appears to include all but the northwestern corner of the City. Originally, the district encompassed 18.26 acres on 6 parcels of land and was established to facilitate the redevelopment of the Plymouth Crossroads Station. Adopted: 09/11/2006 Requested Date: 02/01/2007 Certified Date: 05/10/2007 Parcels: Original Parcels o 36 -118 -22 -23 -0006 -Southeast quarter of NE quarter, Section 35, Town 118, Range 22 o 38 -118 -22 -23 -0006 -Southwest quarter of NW quarter, Section 36, Town 118, Range 22 o 36-118-22-23-0007 o 36-118-22-23-0008 o 35-118-22-14-0026 o Vacated Highway R/ W, State Trunk Highway No. 55 Current Parcels o 35-118-22-14-0026 o 36-118-22-23-0006 o 36-118-22-23-0007 o 36-118-22-23-0008 Allowable Uses: MN Statute 469.176 sub 4j specifies the activities on which tax increment from a redevelopment district may be spent. In general, tax increment must be spent on correcting those conditions which caused the area to be designated a redevelopment 16 Ciilj of Plymouth TIF Financial Plan August 2007 district. Allowable uses include property acquisition, demolition, rehabilitation, installation of public utilities, road, sidewalks, public parking facilities, and allowable administrative expenses. Three Year Rule: N/A Four Year Rule: MN Statute 469.176 sub 6 requires that, within four years from certification date, certain activities must have taken place on, each parcel with the TIF district. Required activities include demolition, rehabilitation, renovation and site improvements. If these activities have not taken place within the required time, the parcel is'knocked down' from the district, meaning, that no increment may be collected from that individual parcel for the duration of the district. The law, does, however allow for reinstatement procedures should the required activity later occur on the parcel. TIF 1-3 Four Year Rule deadline is approximately 2011. Five Year Rule: MN Statute 469.1763 places limits on the amount and the length of time in which revenues from the TIF district may be used for activities outside the district. In general, for the TIF 1-3 redevelopment district, at least 80% of tax increment revenues must be used to pay for qualified costs within the district. This is considered the 'in district' percent. Subdivision 3 of this section of the statute further specifies that within five years, tax increment must actually be paid for activities, bonds issued, contracts entered into in order for revenues to be considered to have been spent. The five year deadline is approximately 2012. Geographic Enlargements: MN Statute 469.175 sub 4 (f) places limits on the length of time a TIF district may add parcels. No parcels may be added five years after the certification date. TIF 1-3 may not be enlarged after approximately 2012 Obligations: On May 1, 2007, the City entered into a development agreement with Dove Capital, LLC and agreed to issue a pay as you go 17 Ghj of Plymouth TIF Financial Plan August 2007 note in the amount of $1,687,000 payable from available increment at 6% interest Other Development ALYreement Compliance The developer agreed to redevelop an 18 acre site located in the City to include four retail buildings, restaurant(s), office building and other related public improvements. The developer also entered into the Voluntary Investigation and Cleanup and Petroleum Brownfields Program with the Minnesota Pollution Control Agency because of known contamination factors on the site. Recommendations: The District has no activity, and so the casl-iflow is not presented. 18 Cihj of Plyinouth TIF Financial Plan August 2007 TIF 7-4 Hoyt Description: The Hoyt TIF District is a Redevelopment District established in 1995. The City of Plymouth is responsible for this district. The District is located within the Municipal Development District No. 7, which appears to include all but the northwestern edge of the City. Originally, the district encompassed one parcel of land and was established to facilitate the construction of public infrastructure improvements in the Plymouth Technology Park. Adopted: 08/01/1995 Requested Date: 08/17/1995 Certified Date: 03/ 07/ 1996 Decertifies 12/31/2023 Parcels: Original Parcel: o 10-118-22-23-0004 o 10-118-22-24-0010 Current Parcels: o 10-118-22-23-0006 o 10-118-22-23-0008 o 10-118-22-23-0009 o 10-118-22-23-0010 o 10-118-22-24-0011 o 10-118-22-24-0012 Allowable Uses: MN Statute 469.176 sub 4j specifies the activities on wluch tax increment from a redevelopment district may be spent. In general, tax increment must be spent on correcting those conditions which caused the area to be designated a redevelopment district. Allowable uses include property acquisition, demolition, rehabilitation, installation of public utilities, road, sidewalks, public parking facilities, and allowable administrative expenses. 19 City of Plymouth TIF Financial Plan August 2007 Three Year Rule: The three year rule states that, within three years from certification date, bonds much be issued, the authority has acquired land or has caused public improvements to be constructed in the district. TIF 7-4 met the requirement when the Development Agreement with Hoyt Properties was signed on August 1, 1995 and a Tax Increment Revenue Note was issued. Four Year Rule: MN Statute 469.176 sub 6 requires that, within four years from certification date, certain activities must have taken place on each parcel with the TIF district. Required activities include demolition, rehabilitation, renovation and site improvements. TIF 7-4 Four Year Rule was satisfied as of March 7, 2000. Five Year Rule: At least 80% of tax increment revenues generated within TIF 7-4 must be used to pay for qualified costs within the district. The Five Year rule timeline has passed for TIF 7-4, which was March 7, 2001. Geographic Enlargements: MN Statute 469.175 sub 4 (f) places limits on the length of time a TIF district may add parcels. No parcels may be added five years after the certification date. This timeline has passed for TIF 7-4, which was March 7, 2001. Modifications: December 2,1998 May 9, 2000 December 18, 2001 -This modification allowed for pooling for anticipated deficits in the 7-5A TIF District. Obligations: 20 City of Plymouth TIF Financial Plan August 2007 634,500 Taxable Limited Tax Increment Revenue Note dated August 1, 1995. This note was issued in conjunction with the Development Agreement with Hoyt Properties. The term of the note was from December 31, 1998 to December 31, 2000 at 8 % interest. 90 % of tax increment received from the development property was pledged to pay the debt. A subsequent amendment to the Development Agreement was approved in December 1998, which assigned the project to Plymouth Partners II and reduced the total debt to $500,000. This note is no longer outstanding. 250,000 Taxable Limited Tax Increment Revenue Note dated December 17, 1998 payable to State Bank of Independence, WI at 6.5% interest payable with 95% of tax increment revenues received from the development property. The note was fully paid as of July 1, 2001. 250,000 Taxable Limited Tax Increment Revenue Note dated December 17,1998 payable to Capital Bank, MN at 6.5 % interest payable with 95 % of tax increment revenues received from the development property. The note was fully paid as of July 1, 2001. Cashflow Assumptions: The cashflow was constructed using the actual ending balances at 12/31/2006. Future increments were projected using the anticipated 2007 tax increment revenues. The only allowable use for remaining increments is for pooling for deficits, which was allowed through a modification dated December 18, 2001. Recommendations: TIF district 7-4 has paid off its original obligations. Its only remaining obligation is to supplement debt service for TIF district 7-5A when a shortfall occurs. To date, no transfers have occurred. TIF district 7-4 has approximately $1,700,000 in cash balance, which could be redistributed in 2007 to the regular taxing districts of which the City would receive approximately 550,000. Pursuant to the TIF modification in December of 2001, the amount that 7-4 can contribute is limited to $6,900,000. Because the original obligations were repaid, TIF must either be used to supplement 7-5A or be returned to the County. Annually the City should determine how much is necessary for TIF 7-5A and how much should be returned to Hennepin County for redistribution. There are three modifications listed on the TIF reports. Staff should research the earliest two modifications and verify the dates and the actions. District 7-5A should be monitored for deficits and increments from TIF 7-4 should be transferred. 21 Cihj of Plymouth TIF Financial Plan August 2007 The current cash flow projections for the Hoyt Redevelopment TIF District appear in the table below City of Plymouth Fund Balance Analysis TIF 7-4 Hoyt Redevelopment City approved: 0810111995 Ced Request 08/1711995 Certified: 0310711996 Decertifies:1213112023 NO 473 End of Current District Acctd for Cumulative Projected Projected - In Prior Original Modified AchWal 2023 2022 2021 2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 Years Beginning Fund Balance Budget Budget Total 6,079,197 5,820,987 5,570,299 5,317,203 , 5,061,770 4,794,360 4,534,738 4,272,969. 4,004,261 3,738,526 3,470,822 3,206,060 2,929,593 2,641,760 2,362,311. 2,052,166 1,751,055 1,428,538 1,136,014 Revenues Bond proceeds 0 Tax increment 1,038,050 7,661,000 6,844,293 267,290. 267,290 267,290 267,290 267,290 267,290 267,290 267,290 267,290 267,290 267,290 267,290 267,290 267,290 267,290 267,290 267,290 266,402 255,208 1,778,753 Interest 2,203,645 182,376 174,630 167,109 169,516 151,853 143,831 136,042 128,189 120,128 - 112,156 104,125 96,182 87,888 79,253 70,869 61,565 52,532 58.309 38,485 78,609 MVHC 0 SalesBease proceeds 0 Intergovernmental 0 Local contribution 0 Inleduod loans 0 Transfer In 0 Total Revenues 1.038,050 7,661,000 9,047,938 449,666 441,920 434,399 426,806 419,143 411121 403,332 395,479 387,418 379,446 371,415 363,472 355,178 346,543 338,159 328,865 319,822 324,711 293,693 1,857,362 Expenditures LandNuilding 0 She 0 Pudic utilities 634,500 634,500 634,500 634,500 SociaBrecreational 0 Sbeetslsidewalks 0 Bond Principal 0 Interest 0 Admin 70,500 70,500 338,890 18,710 18,710 18,710 18,710 18,710 18,710 18,710 18,710 18,710 18,710 18,710 18,710 18,710 18,710 18,710 18,710 18,710 2,194 1,169 17,452 Loan Principal 0 Interest 56,000 69,396 69,396 Caphalized interest 0 Bond discount 0 Pool to District 7-5 1,680,000 185000 165000 165000 155000 145000 125000 125000 115000 100000 95000 85000 80000 60000 40000 40000 Other project area improvements 0 Transfer out 6,900,000 0 Total Expenditures 705.000 7,661,000 2,722,786 203,710 183.710 183.710 173,710 163,710 143,710 143,710 133,710 118,710 113,710 103,710 98,710 78,710 58,710 58,710 18,710 18,710 2,194 1,169. 721,348 Projected Ending Fund Balance 6,325,152 6,325,152 6,079,197 5,820,987 5,570,299 5,317,203 5,061,770 4,794,360 4,534,738 4,272,969 4,004,261 3,738,526 3,470,822 3,206,060 2,929,593 2,641,760 2,362,311 2,052,166 1,751,055 1,428,538 1,136,014 PIK Cihj of Plymouth TIF Financial Plan August 2007 TIF 7-5A Village at Bassett Creek Description: The Village at Bassett Creek Housing District established in 1998. The City of Plymouth is responsible for this district. The District is located within the Municipal Development District No. 7, which appears to include all but the northwestern edge of the City. Originally, the district encompassed three parcels of land and was established to facilitate the construction of owner occupied town homes and senior rental housing in the Village at Bassett Creek project. Adopted: 09/02/1998 Requested Date: 11/09/1998 Certified Date: 04/19/1999 Decertifies 12/312026 Parcels: Original Parcels: o 36-118-22-24-0003 o 36-118-22-24-0004 o 36-118-22-24-0005 23 Cihj of Plymouth TIF Financial Plan Current Parcels: August 2007 36-118-22-24-0011 36-118-22-24-0029 36-118-22-24-0047 36-118-22-24-0065 36-118-22-24-0083 36-118-22-24-0012 36-118-22-24-0030 36-118-22-24-0048 36-118-22-24-0066 36-118-22-24-0084 36-118-22-24-0013 36-118-22-24-0031 36-118-22-24-0049 36-118-22-24-0067 36-118-22-24-0085 36-118-22-24-0014 36-118-22-24-0032 36-118-22-24-0050 36-118-22-24-0068 36-118-22-24-0086 36-118-22-24-0015 36-118-22-24-0033 36-118-22-24-0051 36-118-22-24-0069 36-118-22-24-0087 36-118-22-24-0016 36-118-22-24-0034 36-118-22-24-0052 36-118-22-24-0070 36-118-22-24-0088 36-.118-22-24-0017 36-118-22-24-0035 36-118-22-24-0053 36-118-22-24-0071 36-118-22-24-0018 36-118-22-24-0036 36-118-22-24-0054 36-118-22-24-0072 36-118-22-24-0019 36-118-22-24-0037 36-118-22-24-0055 36-118-22-24-0073 36-118-22-24-0020 36-118-22-24-0038 36-118-22-24-0056 36-118-22-24-0074 36-118-22-24-0021 36-118-22-24-0039 36-118-22-24-0057 36-118-22-24-0075 36-118-22-24-0022 36-118-22-24-0040 36-118-22-24-0058 36-118-22-24-0076 36-118-22-24-0023 36-118-22-24-0041 36-118-22-24-0059 36-118-22-24-0077 36-118-22-24-0024 36-118-22-24-0042 36-118-22-24-0060 36-118-22-24-0078 36-118-22-24-0025 36-118-22-24-0043 36-118-22-24-0061 36-118-22-24-0079 36-118-22-24-0026 36-118-22-24-0044 36-118-22-24-0062 36-118-22-24-0080 36-118-22-24-0027 36-118-22-24-0045 36-118-22-24-0063 36-118-22-24-0081 36-118-22-24-0028 36-118-22-24-0446 36-118-22-24-0064 36-118-22-24-0082 Allowable Uses: MN Statute 469.176 sub 4d specifies the activities on which tax increment from a housing district may be spent. In general, tax increment must be spent public improvements directly related to housing projects and administrative expenses. . Three Year Rule: The three year rule states that, within three years from certification date, bonds much be issued, the authority has acquired land or has caused public improvements to be constructed inthe district. TIF 7-5Amet the requirement when the City issued the 1998A GO Tax Increment Bonds. 24 Cihj of Plymouth TIF Financial Plan Four Year Rule: August 2007 MN Statute 469.176 sub 6 requires that, within four years from certification date, certain activities must have taken place on each parcel with the TIF district. Required activities include demolition, rehabilitation, renovation and site improvements. TIF 7-4 Four Year Rule was satisfied as of April 2003. Five Year Rule: At least 80% of tax increment revenues generated within TIF 7-5A must be used to pay for qualified costs within the district. However, pursuant to MN Statute 469.1763 sub 2 (b), activities for housing projects spent in the project area is considered an activity within the district. The five year deadline was April 2004. Geographic Enlargements: MN Statute 469.175 sub 4 (f) places limits on the length of time: a TIF district may add parcels. No parcels may be added five years after the certification date. This timeline has passed for TIF 7-5A which was April 16, 2004. Compliance Requirements: Income limitations are required to be monitored on an on-going basis for a Housing Districts. The Authority is required to substantiate that the applicable income limitations and rent restrictions are being met on an annual basis for rental units and for the first purchasers of an owner occupied housing unit. The compliance must be completed regardless of whether the project receives tax credits or not, pursuant to 469.174 sub 11. Modifications: December 18, 2001 -This modification allowed for pooling from TIF 7-4 and TIF 7-6 for anticipated deficits in the 7-5A TIF District. Obligations: 2,900,000 GO Tax Increment Bonds of 1998A issued on October 15,1998. The outstanding balance at December 31, 25 Cihj of Plymouth TIF Financial Plan 2006 was $2,760,000. Cashflow Assumptions: August 2007 The cashflow was constructed using the actual ending balances at 12/31/20Q6. Future increments were projected using the anticipated 2007 tax increment revenues. Increments generated in the district are not expected to be sufficient to cover outstanding debt. The cashflow was constructed using this assumption and transfers in of increment from Districts 7-4. Recommendations: The district had a year end 2006 surplus of $132,100 but is projected to be near deficit by 2011. The G.O. TIF Bonds could be called in 2009 or could be refinanced as an advance refunding to lower interest costs today. A refunding today would reduce interest costs by over $100,000 through the 15 year remaining life of the bonds. If all of the excess from TIF 7-4 could be used to prepay the bonds, a refinancing would not be necessary at this time. However, due to the limitation on the use of TIF from district 7-4 for shortfalls related to tax compression only, the refinancing may be viable. We recommend the City wait until more is known about the County's intent for use of other TIF districts before a refinancing is contemplated. After the bonds are paid off, the City could decertify the district or use the TIF housing revenues for other affordable housing developments in the City. This district should be monitored routinely for deficits and transfers should be made as appropriate. Cihj of Plymouth TIF Financial Plan Augiyst 2007 The current cash flow projections for the Village at Basset Creek Housing TIF District appear in the table below City of Plymouth Fund Balance Analysis TIF 7-5A Village al Basset Creek Housing Cily approved: 09102/1998 Ced Request: 1110911998 Certified: 04/19110 DecedibesA213112026 Funds 375 and 475 End of Current District Acddlor Cumulative Projected projected In Prior Original Modified Actual 2026 2025 2024 2023 2022 2021 2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 Years Beginning Fund Balance Budget Budget Total 485,981 332,155 182,809 166,169 158,590 144,229 127,124 111,084 104,789 92,617 78,742 72,039 61,877 52,512 43,340 43,496 57,026 63,697 102,121 132,134 156,204 169,524 Revenues Bond proceeds 2,856,500 2,856,500 2,856,778 2,856,778 Tax increment 4,745,651 2,412,608 3,603,745 143,016 143,016 143,016 143,016 143,016 143,016 143,016 143,016 143,016 143,016 143,016 143,016 143,016 143,016 143,016 143,016 143,016 143,016 143,016 143,016 134,894 140,114 468,417 Interest 194,583 14,579 9,965 5,484 4,985 4,758 4,327 3,814 3,333 3,144 2,779 2,362 2,161 1,856 1,575 1,300 1,305 1,711 1,911 3,064 3,964 2,914 2,903 110,390 MVHC 281,656 10,857 10,857 10,857 10,857 10,857 10,857 10,857 10,857 10,857 10,857 10,851 10,857 10,857 10,857 10,857 10,857 10,857 10,857 10,857 10,857 10,857 11,762 41,897 Saleshase proceeds 0 Intergovernmental 0 Reimbursements 474,569 27,924 27,924 Pool from Dist 7-4 1,680,000 185,000 165,000 165,000 155,000. 145,000 125,000 125,000. 115,000 100,000 95,000 85,000 80,000 60,000 40,000 40,000 0 0 0 Transfer In 2,560,738- 0 Total Revenues 8,076,940 7,819,846 8,644,686 168,452 163,838 159,357 343,858 323,631 323,200 312,687 302,206 282,017 281,652 271235 256,034 250,729 240,448 235,173 215,178 195,584 195,784 156,937 157,837 148,665 154,779 3,505,406 Expenditures Landlbulding 0 She 2,393,100 2400,000 2,393,351 2,393,351 Pudic utilities 0 Slreelslsidewalks 0 Bond Principal 2,900,000 2,900,000 2,900,000 310,000 285,000 265,000 240,000 220,000 200,000 185,000 165,000 150,000 135,000 120,000 110,000 95,000 85,000 75,000 65,000 55,000 45,000 40,000 55,000 Interest 2,611,806 2,369,846 2,360,846 7,207 21,041 33,628 45,570 56,155 65,710 74,469 82,349 89,320 95,556 101,072 105,990 110,323 114,103 117,444 120,349 122,839 124,914 126,676 754,929 Admin 150,400 150,000 337,066 10,011 10,011 10,011 10,011 10,011 10,011 10,01I 10,011 10,011 10,011 10,011 10,011 10,011 10,011 10,011 10,011 10,011 10,011 10,011 10,011 2,821 1,421 132,602 Loan Principal 0 Interest 0 Capilalaed interest 0 Bond discount 0 Transfer out 0 Total Expenditures 8,055,306 7,819,846 8,000,253 10,011 10,011 10,011 327,218 M.052 308,839 295,581 286,166 275,721 269,480 257,360 249,331 240,567 231,083 226,001 215,334 209,114 202,455 195,360 187,850 172,735 168,099 3,335,882 projected Ending Fund Balance 644,423 644,423 485,981 332,155 182,809 166,169 158,590 144,229 127,124 111,084 104,789 92,617 78,742 72,039 61,877 52,512 43,340 43,496 57,026 63,697 102,121 132,134 156,204 169,524 27 City of Plymouth TIF Financial Plan TIF 7-6 Berkshire Description: August 2007 The Berkshire District is a Redevelopment District established in 2000. The City of Plymouth is responsible for this district. The District is located within the Municipal Development District No. 7, which appears to include all but the northwestern edge of the City. Originally, the district encompassed three parcels of land and was established to facilitate the construction of an upgrade to an already existing structure. It was anticipated to have been office and warehouse/ production facility. Adopted: 10/10/2000 Requested Date: 06/05/2001 Certified Date: 06/20/2001 Decertifies 12/31/2028 Parcels: Original Parcels: o 27-118-22-24-0001 o 27-118-22-24-0002 o 27-118-22-24-0008 Current Parcel: o 27-118-22-21-0012 Modifications: December 18, 2001 -This modification allowed for pooling from TIF 7-4 and TIF 7-6 for anticipated deficits in the 7-5A TIF District. Allowable Uses: 28 Cihj of Plymouth TIF Financial Plan August 2007 MN Statute 469.176 sub 4j specifies the activities on which tax increment from a redevelopment district may be spent. In general, tax increment must be spent on correcting those conditions which caused the. area to be designated a redevelopment district. Allowable uses include property acquisition, demolition, rehabilitation, installation of public utilities, road, sidewalks, public parking facilities, and allowable administrative expenses. Other Development Agreement Compliance The developer agreed to renovate an existing 240,000 square foot office/warehouse/production facility and maintain it in good order and pay all property taxes promptly. Three Year Rule: The three year rule states that, within three years from certification date, bonds much be issued, the authority has acquired land or has caused public improvements to be constructed in the district. TIF 7-6 met the requirement when the City authorized the issuance of the $900,000 Taxable Limited Revenue Tax Increment Note on December 18, 2001. Four Year Rule: MN Statute 469.176 sub 6 requires that, within four years from certification date, certain activities must have taken place on each parcel with the TIF district. TIF 7-6 Four Year Rule deadline was June 20, 2005. Five Year Rule: At least 80% of tax increment revenues must be used to pay for qualified costs within the district. Statute further specifies that within five years, tax increment must actually be paid for activities, bonds issued, contracts entered into in order for revenues to be considered to have been spent. The five year deadline was June 2006. Geographic Enlargements: MN Statute 469.175 sub 4 (f) places limits on the length of time. a TIF district may add parcels. No parcels may be added five years after the certification date. TIF 1-1 may not be enlarged after June 20, 2006. 29 Cihj of Plymouth TIF Financial Plan Atipst 2007 Obligations: 900,000 Taxable Limited Tax Increment Revenue Note dated December 18, 2001. This note was issued in conjunction with the Development Agreement with Continental Property Group. The term of the note was from July 31, 2002 to December 31, 2027 at 8.5 % interest. 73 % of tax increment received from the development property was pledged to pay the debt. The amount outstanding at 12-31-2006 was $939,276. Recommendations:' The City has approximately 25% of the annual TIF to use for housing purposes in the City and the Development District. The HRA and City entered into an agreement to pledge these funds to the Vicksburg Crossing project. Dorsey, the City's bond counsel, as given direction that even after the five year rule has passed, the City can cumulate 25 % of the TIF for new obligations as long as the original obligation is outstanding. This amounts to approximately $35,000 per year. If not used for other activities, the annual TIF can be used to supplement TIF 7=5 (and decertify 7-4) or be annually returned to Hennepin County. 30 Cihj of Plymouth TIF Financial Plan City of Plymouth Principal Ledger - Continental PAYGO Maximum amount Date 900,000.00 Interest Due Total Tax Increment Available Tax Increment Available at 73.00% Interest Rate Total Payments 8.50 Note Balance 900,000.00 12/18/2001 2,724.66 902,724.66 7/31/2002 38,365.80 941,090.46 12/31/2002 39,996.34 981,086.80 7/31/2003 41,696.19 55,712.27 40,669.96 40,669.96 982,1 1 3.03 12/31/2003 41 ,739.80 55,712.27 40,669.96 81 ,339.92 983,1 82.87 7/31/2004 41 ,785.27 68,673.88 50,131 .93 131,471.85 974,836.21 12/31/2004 41 ,430.54 68,673.88 50,131 .93 181,603.78 966,1 34.82 7/31/2005 41,060.73 64,985.70 47,439.56 229,043.34 950,779.82 12/31/2005 40,408.14 64,985.70 47,439.56 276,482.90 935,424.82 7/31/2006 39-,755.56 63,411 .68 46,290.53 322,773.43 928,889.85 12/31/2006 39,477.82 63,411.68 46,290.53 369,063.95 922,077.14 7/31/2007 39,1 88.28 67,596.00 49,345.08 - 41 8,409.03 911,920.34 12/31/2007 38,756.61 67,596.00 49,345.08 467,754.11 901,331.88 7/31/2008 38,306.60 67,596.00 49,345.08 517,099.19 890,293.40 12/31/2008 37,837.47 67,596.00 49,345.08 566,444.27 878,785.79 7/31/2009 37,348.40 67,596.00 49,345.08 615,789.35 866,789.11 12/31/2009 36,838.54 67,596.00 49,345.08 665,134.43 854,282.57 7/31/2010 - 36,307.01 67,596.00 49,345.08 714,479.51 841,244.49 12/31/2010 35,752.89 67,596.00 49,345.08 763,824.59 827,652.31 7/31/2011 35,175.22 67,596.00 49,345.08 813,169.67 813,482.45 12/31/2011 34,573.00 67,596.00 49,345.08 862,514.75 798,710.37 7/31/2012 33,945.19 67,596.00 49,345.08. 911,859.83 783,310.48 12/31/2012 33,290.70 67,596.00 49,345.08 961,204.91 767,256.10 7/31/2013 32.,608.38 67,596.00 49,345.08 1,010,549.99 750,519.40 12/31/2013 31,897.07 67,596.00 49,345.08 1,059,895.07 733,071.40 7/31/2014 31,155.53 67,596.00 49,345.08 1,109,240.15 714,881.85 12/31/2014 30,382.48 67,596.00 49,345.08 1,158,585.23 695,919.25 7/31/2015 29,576.57 67,596.00 49,345.08 1,207,930.31 676,150.74 12/31/2015 28,736.41 67,596.00 49,345.08 1,257,275.39 655,542.07 7/31/2016 27,860.54 67,596.00 49,345.08 1,306,620.47 634,057.52 12/31/2016 26,947.44 67,596.00 49,345.08 1,355,965.55 611,659.89 7/31/2017 25,995.55 67,596.00 49,345.08 _ 1,405,310.63. 588,310.35 12/31/2017 25,003.19 67,596.00 49,345.08 1,454,655.71 563,968.46 7/31/2018 23,968.66 67,596.00 49,345.08 1,504,000.79 538,592.04 12/31/2018 22,890.16 67,596.00 49,345.08 1,553,345.87 512,137.13 7/31/2019 21,765.83 67,596.00 49,345.08 1,602,690.95 484,557.87 12/31/2019 20,593.71 67,596.00 49,345.08 1,652,036.03 455,806.50 7/31/2020 19,371.78 67,596.00 49,345.08 1,701,381.11 425,833.20 12/31/2020 18,097.91 67,596.00 49,345.08 1,750,726.19 394,586.03 7/31/2021 16,769.91 67,596.00 49,345.08 1,800,071.27 362,010.86 12/31/2021 15,385.46 67,596.00 49,345.08 1,849,416.35 328,051.24 7/31/2022 13,942.18 67,596.00 49,345.08 1,898,761.43 292,648.34 12/31/2022 12,437.55 67,596.00 49,345.08 1,948,106.51 255,740.81 7/31/2023 10,868.98 67,596.00 49,345.08 1,997,451.59 217,264.71 12/31/2023 9,233.75 67,596.00 49,345.08 2,046,796.67 177,153.38 7/31/2024 7,529.02 67,596.00 49,345.08 2,096,141.75 135,337.32 12/31/2024 5,751.84 67,596.00 49,345.08 2,145,486.83 91,744.08 7/31/2025 3,899.12 67,596.00 49,345.08 2,194,831.91 46,298.12 12/31/2025 1 967.67 67 596.00 48 265.79 2,243,097.70 0.00 1,357,672.80 3,074,215.06 2,243,097.70 August 2007 31 City of Plymouth TIF Financial Plan At2g7,2st 2007 The current cash flow projections for the Berkshire Redevelopment TIF District appear in the table below CilyofPlymoulft Fund Balance Analysis TIF 7.6 Berkshire Redevelopment Coy approved: MM Cert RequestO6N ODI Ced(red:O6r2=1 Oecerges:1273172028 Wrd476 End of Current District Acctd for CumulaWe Projected Projected In Prior Original Moddied Actual 2028 2027 2026 2025 2024 2023 2022 2021 2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 Years BeginnegFund Balance Budget Budgel Total 1252,061 1,093,526 986,469 931,486 878,105 826,278 775,961 721,109 679,680 633,633 588327 545,523 503,383 462,470 422,749 364,185 346,745 310,394 275,103 240,839 207574 172,311 91,109 56,348 Revenues Bond proceeds 0 Tax increment 1,840,000 4,170,000 3,479,791 135,192 135,192 135,192 135,192 135,192 135,192 135,192 135,192 135,192 135,192 135,192 135,192 135,192 135,192 135,192 135,192 14192 135,192 135,192 135,192 135,192 135,192 126,823 129,911 248,773 Interest 401,837 37,562 32,806 .29,594 27,945 25,343 24,788 23,279 21,813 l 20,390 19,009 17,668 16,366 15,101 13,874 12,682 11,526 10,402 9,312 8,253 7,225 6,227 5,169 2,264 1,627 611 M" 0 0 0 0 0 0 0 0 0 0 0. 0 0 0 0 0 0 0 0 0 0 Saleshase proceeds 0 Inlergovemmental 0 Reimbursements 0 Transferin 0 Total Revenues 1,840,000 4,170,000 3,881,628 172,754 167,998 164,786 164137 161,535 159,980 158,471_ -- 157,005 155,582 154,201 152,860 151,558 150,293 149,066 147,874 146,718 145,594 144,504 143,445 142,417 141,419 140,361 129,087 131,598 249,384 Expendtures lardbald ng 0 Site 900,000 900,000 30,709 30,709 Public uftes 0 Sociairrecreational 0 SOeeWs'ideaalRs 0 Bond Principal 0 Interest 0 Admin 63,000 60,000 223,180 9,463 9,463 9,463 9,463 9,463 9,463 9,463 9,463 9,463- 9,463 9,463 9,464 9,463 9,463 9,464 9,463 9,463 9,463 9,463 9,463 9,463 9,463 2,194 1,358 11,432 Loan Principal 935,425 jOj 0j 46298 89,039 81827 75,384 69,363 63,822 58,725 54,034 49,718 45,747 42,093 38,731 35,638 32,791 30,172 27,762 25,545 23,504 21,627 16,970 6,535 Interest 430,000 550,000 1,276,964 0 0 1,968 9,651 16,763 23,307 29,328 34,808 39,963 44,656 48y72 52,943 56,597 59,959 63,053 65,899 68,518 70,928 73,146 75,186 77,063 78,666 39,756 64,170 181,604 Capdal¢edinteresl 0 Bond discount 0 011ier project area improvements 0 Transferout 450,000 2.660.000 0 TotalExpendlures 1,840,000 4,170,000 2,466,277 9,463 9,463 57,729 108,154 108,154 108,154 108,154 108,154 ' 108;154 108,154 108,154 108,154 108,154 108,154 108,154 108,154 108,154 108,154 108,154 108,154 108,154 105,099 48,485 96,237 193,036 Projected Ending Fund Balance 1,415,351 1,415,351 1252,061 1,093,526 986,469 931,486 878,105 826,278 775y61 727,163 679,660 633,633 588,927 545,523 503,383 462,470 422,749 384,185 346,745 310,394 275,103 240,839 207,574 172,311 91,709 56,348 32 Cihj of Plymouth TIF Financial Plan August 2007 TIF 7-7Stone Creek Village Description: The Stone Creek Village Housing District was established in 2002. The City of Plymouth is responsible for this district. The District is located within the Municipal Development District No. 7, which appears to include all but the northwestern edge of the City. Originally, the district encompassed three parcels of land and was established to facilitate the construction of 130 units of affordable rental units. Adopted: 05/14/2002 Requested Date: 05/31/2002 Certified Date: 06/06/2002 Decertifies 12/31/2028 Parcels: Original Parcels: o 35-118-22-11-0036 o 35-118-22-11-0017 o 35-118-22-11-0018 Current Parcel: o 35-118-22-11-0039 Allowable Uses: MN Statute 469.176 sub 4d specifies the activities on which tax increment from a housing district may be spent. In general, tax increment must be spent public improvements directly related to housing projects and administrative expenses. Other Development Agreement Compliance The development agreement has many specific requirements concerning the construction of 130 unit apartment development and the site improvements related to it. The City should monitor whether the developer has complied with the 33 Cihj of Plymouth TIF Financial Plan _ August 2007 annual income and rent requirements as specified in the Development Agreement. Three Year Rule: The three year rule states that, within three years from certification date, bonds much be issued, the authority has acquired land or has caused public improvements to be, constructed in the district. TIF 7-7 met the requirement when the City approved the Development Agreement with Plymouth Leased Housing Associates, Limited on April 18, 2003. A Tax Increment Financing Note was authorized on April 18, 2003, which was subsequently assigned to MMA Mortgage Investment Corporation in December 2005. Four Year Rule: MN Statute 469.176 sub 6 requires that, within four years from certification date, certain activities must have taken place on each parcel with the TIF district. Required activities include demolition, rehabilitation, renovation and site improvements. TIF 7-7 Four Year Rule was deadline was June 6, 2006. Five Year Rule: At least 80 % of tax increment revenues generated within TIF 7-7 must be used to pay for qualified costs within the district. However, pursuant to MN Statute 469.1763 sub 2 (b), activities for housing projects spent in the project area is considered an activity within the district. The five year deadline is June 2007. Geographic Enlargements: MN Statute 469.175 sub 4 (f) places limits on the length of time a TIF district may add parcels. No parcels may be added five years after the certification date. The district may not be enlarged after June 2007. Compliance Requirements: Income limitations are required to be monitored on an on-going basis for a Housing Districts. The Authority is required to substantiate that the applicable income limitations and rent restrictions are being met on an annual basis for rental units and for the first purchasers of an owner occupied housing .unit. The compliance must be completed regardless of whether the 34 Cihj of Plyinouth TIF Financial Plan project receives tax credits or not, pursuant to 469.174 sub 11. August 2007 Modifications: None. Obligations: 1,159,000 Tax Increment Revenue Note dated April 18, 2003 payable to Stone Creek Village. In December 2005, this note was assigned to the MMA Mortgage Investment Corporation. The note is payable from 90% of the increment received on the project. The amount outstanding at 12-31-2006 was $1,365,034. Cashflow Assumptions: The cashflow was constructed using the anticipated actual ending balances at 12/31/2006. Future increments were projected using the anticipated 2007 tax increment revenues. Recommendations: Like all housing districts, the City should regularly monitor development agreement obligations and income restrictions. 35 Cihj of Plymouth TIF Financial Plan August.2007 City of Plymouth Principal Ledger - Stone Creek Village PAYGO MMD Mort-.— C'—nrati— Maximum amount 1,169,000.00 Interest Rate 7.69% Total Tax Tax Increment Increment Available at Date Interest Due Available 90.00% Total Payments Note Balance 4/18/2003 1,159,000.00 8/1/2003 25,639.30 1,184,639.30 2/1/2004 45,549.38 1,230,188.68 8/1/2004 47,300.75 1,277,489.44 2/1/2005 49,119.47 1,326,608.91 8/1/2005 51,008.11 33,616.74 30,255.07 30,255.07 1,347,361.95 2/1/2006 51,806.07 30,350.42 27,315.38 57,570.45 1,371,852.64 8/1/2006 52,747.73 66,185.34 59,566.81 117,137.26 1,365,033.56 2/1/2007 52,485.54 63,635.00 57,271.50 174,408.76 1,360,247.60 8/1/2007 52,301.52 63,635.00 57,271.50 231,680.26 1,355,277.62 2/1/2008 52,110.42 63,635.00 57,271.50 288,951.76 1,350,116.55 8/1/2008 51,911.98 63,635.00 57,271.50 346,223.26 1,344,757.03 2/1/2009 51,705.91 63,635.00 57,271.50 403,494.76 1,339,191.44 8/1/2009 51,491.91 63,635.00 57,271.50 460,766.26 1,333,411.85 2/1/2010 51,269.69 63,635.00 57,271.50 518,037.76 1,327,410.03 8/1/2010 51,038.92 63,635.00 57,271.50 575,309.26 1,321,177.45 2/1/2011 50,799.27 63,635.00 57,271.50 632,580.76 1,314,705.22 8/1/2011 50,550.42 63,635.00 57,271.50 689,852.26 1,307,984.14 2/1/2012 50,291.99 63,635.00 57,271.50 747,123.76 1,301,004.63 8/1/2012 50,023.63 63,635.00 57,271.50 804,395.26 1,293,756.75 2/1/2013 49,744.95 63,635.00 57,271.50 861,666.76 1,286,230.20 8/1/2013 49,455.55 63,635.00 57,271.50 918,938.26 1,278,414.25 2/1/2014 49,155.03 63,635.00 57,271.50 976,209.76 1,270,297.78 8/1/2014 48,842.95 63,635.00 57,271.50 1,033,481.26 1.261,869.23 2/1/2015 48,518.87 63,635.00 57,271.50 1,090,752.76 1,253,116.60 8/1/2015 48,182.33 63,635.00 57,271.50 1,148,024.26 1,244,027.43 2/1/2016 47,832.85 63,635.00 57,271.50 1,205,295.76 1,234,588.79 8/1/2016 47,469.94 63,635.00 57,271.50 1,262,567.26 1,224,787.23 2/1/2017 47,093.07 63,635.00 57,271.50 1,319,838.76 1,214,608.80 8/1/2017 46,701.71 63,635.00 57,271.50 1,377,110.26 1,204,039.01 2/1/2018 46,295.30 63,635.00 57,271.50 1,434,381.76 1,193,062.81 8/1/2018 45,873.26 63,635.00 57,271.50 1,491,653.26 1,181,664.57 2/1/2019 45,435.00 63,635.00 57,271.50 1,548,924.76 1,169,828.07 8/1/2019 44,979.89 63,635.00 57,271.50 1,606,196.26 1,157,536.46 2/1/2020 44,507.28 63,635.00 57,271.50 1,663,467.76 1,144,772.24 8/1/2020 44,016.49 63,635.00 57,271.50 1,720,739.26 1,131,517.23 2/1/2021 43,506.84 63,635.00 57,271.50 1,778,010.76 1,117,752.57 8/1/2021 42,977.59 63,635.00 57,271.50 1,835,282.26 1,103,458.66 2/1/2022 42,427.99 63,635.00 57,271.50 1,892,553.76 1,088,615.14 8/1/2022 41,857.25 63,635.00 57,271.50 1,949,825.26 1,073,200.89 2/1/2023 41,264.57 63,635.00 57,271.50 2,007,096.76 1,057,193.97 8/1/2023 40,649.11 63,635.00 57,271.50 2,064,368.26 1,040,571.58 2/1/2024 40,009.98 63,635.00 57,271.50 2,121,639.76 1,023,310.05 8/1/2024 39,346.27 63,635.00 57,271.50 2,178,911.26 1,005,384.82 2/1/2025 38,657.05 63,635.00 57,271.50 2,236,182.76 986,770.37 8/1/2025 37,941.32 63,635.00 57,271.50 2,293,454.26 967,440.19 2/1/2026 37,198.08 63,635.00 57,271.50 2,350,725.76 947,366.77 8/1/2026 36,426,25 63,635.00 57,271.50 2,407,997.26 926,521.52 2/1/2027 35,624.75 63,635.00 57,271.50 2,465,268.76 904,874.77 8/1/2027 34,792.43 63,635.00 57,271.50 2,522,540.26 882,395.71 2/1/2028 33,928.11 63,635.00 57,271.50 2,579,811.76 859,052.32 8/1/2028 33,030.56 63,635.00 57,271.50 2,637,083.26 834,811.38 2/1/2029 834,811.38 2,312,894.64 2,930,092.51 2,637,083.26 36 City of Plymoi>th TIF Ffnaiicial Plan August 2007 The current cash flow projections for the Stone Creek Village Housing TIF District appear in the table below City of Plymouth Fund Balance Analysis TIF 7-7 Slone Creek Village Housing Cly approved: 0511412002 Ced Request 05 lPO02 Certified: 069 002 Oecedilies:120 028 Fvd476 End of Distdct Acdd for Projected Projected In Prior Original Actual 2028 2027 2026 2025 2024 2023 2022 2021. 2020 2019. 2018 2017 2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 Years Beginning Fund Balance Budget Total 233,191 222,653 212,500 202,603 192,995 183,667 174,611 165,818 157,282 148,994 140,947 133,135 125,550 118,187 111,038 104,007 97,358 90,815 84,463 78,296 72,309 66,496 27,594 1,280 Revenues Bond proceeds 0 Tax increment 2,087,000 2,991,247 127,270 127,270 127,270 127,270 127,270 127,270 127,270 127,270 127,270 127,270 127,270 127270 127,270 127,270 127270 127,270 127,270 127,270 127,270 127,270 127,270 127,270 125,404 57,220 8,683 Interest 96,837 6,996 6,681 6,375 6,078 5,790 5,510 5238 4,975 4,718 4,470 4,228 3,994 3,767 3,546 3,331 3,123 2,921 2,724 2,534 2,349 2,169 1,995 2,919 546 11391 MVHC 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Salesnease proceeds 0 Intergovernmental 0 Reimbursements 0 Transfer In 0 Total Revenues 2,087,000 3,088,084 134,266 133,951 133,645 133,348 133,060 132,780 132,508 132,245 131,988 131,740 131,498 131,264 131,037 130,816 130,601 0,393 130,191 129,994 129,804 129,619 129,439 129,265 128,323 57,766 8,544 Expenditures 6andNui1ding 0 Site 993,600 0 Public Wities 0 Socialfrecreational 0 StreelslsMewalks 0 Bard Principal 0 Interest 0 Admin 104,400 206,995 8,909 8,909 8,900 8,909 8,909 8,909 8,909 8,909 8,909 8,909 8,909 8,909 8,900 8,909 8,900 8,909 8,909 8,909 8,909 8,900 8,909 8,909 2,539 1,197 7,264 Loan Principal 537,041 47,584 44,126 40,919 37,945 35,187 32,629 30,258 28,059 26,019 24,128 22,374 20,748 19,240 17,842 16,545 15,343 14,227 13,193 12,234 11,345 10,521 9,756 6,819 Interest 1,121,300 2,100,042 66,959 70,417 73,624 76,598 79,356 81,914 84,285 86,484 88,524 90,415 92,169 93,795 95,303 96,701 97,998 99,200 100,316 101,350 102,309 103,198 104,022 104,787 80,063 30,255 Capi[Aed interest 0 Bond discount 0 Other project area improvements 0 Transfer out 0 Total Expenditures 2,219,300 2,844,079 123,452 123,452 123,452 123,452 123,452 123,452 123,452 123,452 123,452 123,452 123,452 123,452 123,452 123,452 123,452 123,452 123,452 123,452 123,452 123,452 123,452 123,452 89,421 31,452 7,264 Projected Ending Fund Balance 244,005 244,005 233,191 222,693 212,500 202,603 192,995 183,667 174,611 165,818 157282 148,994 140,947 133,135 125,550 118,187 111,038 104,097 97,358 90,815 84,463 78,296 72,309 66,496 27,594 1,280 37 Cihj of Plymouth TIF Financial Plan MAPS OF THE TIF DISTRICTS WITHIN THE DEVELOPMENT DISTRICTS August 2007 38 Cihj of Plymouth TIF Financial Plan Plymouth Housing & Redevelopment Authority Project Area No. 1Pi/ oty of Open TIF,Ddistrict BOUndaryistricts Lake 1 D-5 0 1 2 3 4 mas August 2007 39 Cihj of Plymouth TIF Financial Plan City of Plymouth Development District No. 7 Open TIF Districts r 1f1 NtaY: 16 J)SYl"iGY 8'O%FIlC$2("y. Lake 0 43.9 T 2 3 4 Wes August 2007 iI Cihj of Plymouth TIF Financial Plan August 2007 41 3 Adding Quality to Life DATE: July 18, 2007 TO: Chief Mike Goldstein FROM: Admin Svcs Manager Barb Cox & CSO Supervisor Jim Long SUBJECT: MULTIPLE ANIMAL LICENSES In March of 1997, the Council had received numerous inquiries from citizens regarding various aspects of the City's animal ordinance and referred it to the Public Safety Advisory Board (PSAB) for study and recommendation. The PSAB and staff researched this issue over seventeen months, which included animal limits. They also conducted two public hearings, sent out a survey to all residents in the City Newsletter, and then brought their final recominendations back to the Council in. July of 1998. Copies of their work and results of the survey are attached, see Attachment A. The Council adopted the. majority of the ordinance at that time, but asked . for additional research on one item regarding cats. Copy attached, see Attachment B. The group spent an additional six months on that issue and brought back its :recommendations on that issue in :December of 1998. Copy attached, see Attachment C. Based on the recommendations, the Council adopted the new animal ordinance with changes effective January 1, 1.999, and it is still in placer (Copy attached, see Attachment D) The ordinance states, that any residence cannot have more than four pets over six months of age, and no more than two of them can be dogs. The ordinance also provides for a Multiple Animal License if certain criteria are met. Attachment E and F are copies of the Application forin, and the Inspection sheet showing the items used by the CSO that is inspecting the property. An initial inspection is done at the time of application.. With annual renewals, checks are made for any violations that have occurred during the past year. They also perform periodic re -inspections and would conduct an inspection any time there is an allegation of an animal -related violation at any licensed premises. The city Council adopted the Multiple Animal License provisions because in previous years, the City had dealt with a few circumstances where individuals had three dogs and were ultimately ordered to get rid of one by the City Council. Our research showed that in all circumstances where these occurred, there was some type of disagreement between neighbors over something other than the pets, where the numbers of pets was then brought into play. There were no violations of noise, nuisance, at -large, or any other animal ordinance violations than strictly the niunber of dogs. Since its adoption, the nurnber of licenses has ranged from 30 to 45 each year. Currently, we have 34 residences licensed with Multiple Aminal Licenses for 2007. In the past nine years, there have been no substantiated complaints relating to any of the licensed residences. We did receive a recent complaint from an citizen who does not like the ordinance, however an investigation has revealed no animal -related problem with a license holder due to this complaint. The ordinance clearly states that the City can deny or revoke all application if there is a conviction for any animal. -related offense, or they fail to pass an inspection for the .health and welfare of the pets on the premises. Also, the physical inspection of the site must prove there is adequate space and facilities in all the areas ,outlined on the inspection sheet before an initial .license is issued. Since there have been no substantiated complaints in the nine years of the program, we believe the existing program is working well. Please let us know if you would like any additional information about the program. ATTACHMENT A DATE: Julie 13, 1997 TO: Members of the City Council Subcommittee on Community Policing FROM: Craig C. Gerdes, Director of Public Safety SUBJECT: ANIMAL ORDINANCE ISSUES Staff has received requests for revisions to the current Animal Control Ordinance. There are two major areas of concern to consider and some other items staff recommends including. Concern/Issue #1: The number of dogs within a residence. Currently, individuals throughout the City are allowed no more than _two dogs unless they lived in an FRD zone -of the -City. From time to time the City has received requests from citizens to increase the'number of dogs allowed. Historically, the City has taken a strong position retaining the two dog limit. Research was done on the subject including checking with other cities and reviewing their regulations. While there is no standard throughout the area, a number of cities either allow or have special permit provisions for more than the two dogs in a residential area. The number of dogs allowed in a residential area home can be a very subjective issue with determining factors including the types of dogs, the property in question, and the owners. Staff recommends that the basic number of dogs remain at two and provisions for permits to allow up to five pets be added. Public Safety would develop an application and permit process which would involve an inspection of the premises, notification and input from neighbors within 250 feet to assist in determining if approval is appropriate. A hearing and appeal process can be built in as needed. Public Safety is currently dealing with a number of situations throughout the community involving individuals with three or four dogs who are interested in getting a permit. In a couple of these instances individuals were given a deadline for coming into compliance with the current ordinance. Through discussions with the City Attorney, we have notified these people of the ordinance provisions under consideration. As such, we believe it would not be fair to require them to get rid of dogs when there may be a provision for keeping them within a few months. The City Attorney agrees. We have temporarily suspended enforcement of this provision, but are keeping the names and addresses on file and updating them on the process. Concern/Issue #2: Cats. This issue involves options of both cats roaming free and cat licensing or registration. This is a very controversial issue, especially with many cat owners. Staff has compiled much information on the subject from the United States Humane Society as well as other sources such as the League of Cities which can be made available to Council at their request. These sources all recommend and support regulations in this area. The issue with licensing is to help ensure vaccinations against rabies for the cat population and to assist in returning impounded cats to their owners. While some cats may not tolerate collars, technology is increasing in this area which will help identification capabilities. Damage to other's property including children's sandboxes, flower beds and gardens, window screens and other property and killing birds or other wildlife is a major complaint area regarding cats. Free -roaming cats also contribute to a serious national cat overpopulation problems and often become wild. Nationally, the main carrier of rabies into the human community is -the cat. A number of surrounding communities including Bloomington, Brooklyn Center, Brooklyn Park, Crystal, Eden Prairie, Edina, Golden Valley, Maple Grove, and Robbinsdale control cats from being free roaming. Six of them also have licensing or registration requirements. Staff recommends cats be included in the running at large section of the animal ordinance. There is also no provision in the current ordinance regarding the number of cats anyone could have. This means a resident could conceivably have 25 or more cats as long as they only have two dogs.. Other Issues: Fees for licensing and impounding pets. Public Safety staff recommends that the City begin sponsoring an annual "rabies clinic" for pet owners. We would work with area veterinarians to provide low cost rabies vaccinations to City pet owners and we would issue pet licenses free of charge at this event. As licensing benefits the community as well as the pet owner, we recommend reducing the fees for licenses, especially for those animals that have been spayed or neutered. There are also some housekeeping language changes needed in the current ordinance. These include making the department/individual responsible for licensing for the City more generic, updating the language for keeping and reclaiming impounded pets to include cats, and changing some noted jesponsible individuals to more generic departments or designees. The issues involving animals in a community, especially dogs and cats, can be very emotional and controversial. Much community involvement and staff work needs to be completed.' We are seeking guidance from the Subcommittee on how best to proceed with these issues to obtain input from citizens to help develop a good working ordinance for the community. TIMELINE ON ANIMAL ORDINANCE Completion Date - Item Nov 1997 Review all issues and gather all pertinent information for making a decision on each issue. Nov 1997 Final decision on whether to do entire change to ordinance at one time or separate out major issues. Jan 1998 Public meetings for input on the issues under consideration for change. Meetings to be held by Ward. Feb 1998 Evaluation of public input and direct staff on decisions. Mar 1998 Draft ordinance for review by Subcommittee and make recommendation to City Council. Apr 1998 City Council reviews and adopts ordinance. ARTICLES ON ANIMAL ORDINANCE Local Animal Control Management", ICMA MIS Report, Volume 18/Number 7, July 1983. This report details some of the animal control problems and issues that face local governments and provides information on how to establish or up -date a successful, publicly supported animal control program. Includes information on animal overpopulation, cat licensing, dog attacks, pound seizures, captive wildlife, leash laws, nuisance laws, and community relations. Local Animal Control Management", ICMA MIS Report, Volume 25/Number 9, September 1993. An updated version of the previous article and includes some new ideas and technologies. Letter from Joy Norquist, Humane Educator for the Animal Humane Society outlining the support of the Humane Society for promoting keeping cats indoors and not letting them roam at large. Cat Licensing/Mandatory Identification - An Insurance Policy for Cats" by Jill Shepherd for Shelter Sense Magazine, December 1992/January 1993. An article about cat licensing and leashing laws and how to deal with the public on these issues. Why Cats Need to be Licensed" by Rhonda Lucas Donald for Shelter Sense Magazine, May 1991. Again deals with cat licensing and restraint laws. All Cats Should be Indoor Cats" by Rhonda Lucas Donald for Shelter Sense Mme, August 1990. Deals with the health and nuisance problems created by allowing cats to roam at large. Facts About Cat Fables" brochure from the Humane Society of the United States. Pet -Overpopulation Fact Sheet" brochure from the Humane Society of the United States. Facts About Spaying and Neutering Your Pet" brochure from the Humane Society of the-Unitedta# . Cat Care Facts" booklet from the Humane Society of the United States. The "Hands -On Handbook" book put out by the Progressive Animal Welfare Society similar to PETA) that have a primary concern regarding surplus dogs and cats. In favor of leash laws for dogs and cats and much information on having animals neutered. Contains statistical facts about dogs and cats. Article, "No Life for a Cat" by Linda Reider, Educational Publications, Humane Society of Huron Valley for Shelter Sense Magazine, May 1 991 . Information about cats allowed to run free that become feral cats. INFORMATION FROM OTHER CITIES: Pages from the 1997 AMM License and Permit Fee Survey regarding dog and cat licensing and kennel fees. Survey on numbers of dogs and kennel license requirements as compiled by Community Development - December 1996. Survey on cats at large and cat licensing compiled by the Police Department in 1994. We also have on file some information on complaints and requests received from citizens on animal issues. PUBLIC MEETING PCXR INPUT ON THE PROPOSED ANIMAL ORDINANCE CHANGES: Our purpose tonight is to receive comment on the proposed ordinance. All comments will be forwarded to the full Advisory Board for consideration. No decisions will be made this evening. The City will continue to take input on the proposed ordinance on the voicemail line, 509-5128 through June 15th The Public Safety Advisory Board will meet on June 18th to consider all input from this meeting, letters, voicemail, and e-mail received and determine whether to make any changes to the proposal. The proposal will then go to the City Council for their consideration. It is currently set for their July 8th meeting; however, it may be moved to the July 22 d meeting based on their schedule. Type -o on page 5 was called in by several people. This was in the original ordinance and has been corrected. Section 915.18 said an opportunity for a "bearing" was changed o hearing. On page 3, in Section 915.09, it states "No personal shall own, harbor, keep, or have custody of more than four pets, no more than two of which may be dogs over six months old." The intent was to only include dogs and cats and this wording will be changed to eliminate the word "pets" and make this clear. We have received much information from the veterinary community regarding the requirement for feline distemper and feline leukemia vaccinations being required for cats (on page 2, section 915.05, subd 5). Staff is recommending to both the Advisory Board and City Council that this requirement be stricken. The City of Plymouth uses the ordinance as a method to assist the police department in dealing with problems in response to complaints. We do not go out looking for violations on the numbers of animals or licenses. We react to enforcement issues. if we have contact with your animal because of a violation such as being at -large we would require a license. If you have a cat that is always indoors, we should have no contact with the cat and there is no need to license it. Public Safety Advisory Board Notes from Public Meeting on Animal Ordinance Thursday, February 99, 9998, City Council Chambers Attending: Citizen Representatives Ed Albro, Charlie Honke, Janet Perrin, Dan Freese, and Cathy Kaufman, and Police representative Sgt. Mike Goldstein. Fire representative Chris Dore was unable to attend. Council Member Preus, City Manager Dwight Johnson, Chief Craig Gerdes, and recording secretary Barb Cox were also in attendance. Council Member Spigner was able to attend part of the meeting. Thirty-four interested citizens attended the meeting. Council Member Christian Preus opened the meeting by welcoming those who attended and explaining the purpose of the meeting. He then introduced Cl -def Craig Gerdes who facilitated the meeting. Chief Gerdes first did an overview of the current City Ordinance, the results of the questionnaire, and a matrix of information on other cities' ordinances. Copies of this full information was distributed to all who attended. Those attending were then given the opportunity to speak on any issue they would like. We received 15 cards for speakers, although one individual changed her mind and did not speak after all. The following is a synopsis of each speaker's opinion. This individual noted she has a 13 -year old cat who spends all day outside in her yard and she was against passing any new ordinance which would restrict this. She noted her veterinarian states that you cannot change old cats into house cats. She stated that if any change is considered she would like consideration for a grandfather clause. This individual said primarily the same as the first speaker. She also has an old cat who is used to being outside and also spoke with her vet. She also requested consideration of a grandfather clause if any change is considered. The next individual spoke in favor of allowing more than two dogs or at least some special permit for additional. The next individual also spoke in favor of more than two dogs and noted they are a dog breeder. The next individual spoke in favor of requiring micro -chipping instead of requiring tags. The next individual noted we have a problem with our current licenses as they only say Plymouth" and not what state and that creates problems for people who travel with their dogs. He spoke in favor of better enforcement and licensing all pets. He last item was in favor of establishing an area where dogs can run off leash. The next individual spoke in favor of restricting cats and the problems cats running free cause, especially with their garden. The next individual stated she was from Boston and spoke about the increasing problem nationally with rabies and spoke in favor of licensing to require rabies vaccinations in cats and that the City should also sponsor a city-wide low-cost rabies vaccination clinic. She also spoke about the problem of feral cats and the need to address this issue. The next individual was a cat owner who spoke against any requirement to restrict them from being at large. The next individual spoke about better enforcement of dangerous animals and destroying any dog or cat who bites. He noted some language in the current ordinance about notification of the owner which states that any individual residing at the address could receive the notification. He noted potential problems with young children and stated only the property owner should suffice for official notice. He then spoke about poundkeeper restrictions. He noted we should not license any poundkeeper unless they have a veterinary background. Last he spoke about problems with individuals harassing and trespassing. The next individual stated he has owned both dogs and cats as well as other pets while raising his children. He noted there is a big problem with cats running loose as cats spray. He stated he believes they need to be controlled. He also spoke about problems on the trails with getting people to pick up after their pets and that this needs to be addressed. The next individual stated she spoke on behalf of all the neighbors on her cul-de-sac. She stated they experience problems with cats running loose, annoying the neighbors, killing wildlife such as birds, rabbits, chipmunks, etc. She stated they are in favor of a leash law for cats or cat owners at least need to respect their neighbors. The next individual stated they were a member of a condo association and stated that individuals in condos and apartments and the like should only be allowed to have a limited number of pets and should be restricted to the first floor of the building. The last speaker thanked the City for their current policy of allowing dogs in all the parks as some cities do not. She also requested consideration for a fenced in area where dogs can be allowed to run off leash. She noted Hennepin County has three of these facilities and you must buy a permit for an annual fee to use, but it would be better to have one closer to home. CITY OF PLYMOUTH ANIMAL ORDINANCE QUESTIONNAIRE The City of Plymouth Public Safety Advisory Board has been requested to review the City's current animal ordinance for potential changes. The Advisory Board would like input from the citizens to assist in determining what issues are of concern within the community. Please take a few minutes to read and answer this survey. In order to solicit the widest response possible, you may respond by mail, by fax - 569-5167, by leaving a voicemail message at 569-xxxx, or by sending an e-mail to [ bcox@cLplymouth.mmus ], or by attending one of the public meetings to be held on January xx at x:xx p.m. or January xx at x:xx p.m. in the Public Safety Training Room. Thank you for your concern and assistance with this project. The City of Plymouth currently limits the number of dogs in a residence to two. Do you believe this number needs to be changed? Yes No 2. If you would like the number changed, what do you believe is the correct number? 1 3 4 5 6 Other (please list) 3. The City of Plymouth currently has no limit on the number of cats in a residence. Do you believe there should be? Yes No 4. If so, what do you believe this number should be? 1 2 3 4 5 6 Other please list) 5. Would you prefer that any limit to the numbers of pets be a combined number of dogs and cats or should they be separate? Combined Separate 6. Do you believe there should be a license available in residential areas for larger numbers of animals under certain circumstances? Yes No 7. If yes, what controls would you like to see in place for these special licenses i.e., inspections, limit to number of complaints within a year, etc. 8. Currently, the City of Plymouth ordinance does not contain language restricting cats from being allowed to run at large as it does dogs. Do you believe cats should be included in this provision? Yes No 9. Currently, the City of Plymouth ordinance only requires licensing of dogs, do you believe there should be a provision for licensing or registration of cats? Yes No 16. Do you have any concerns, suggestions, requests, or any other information regarding animal control you would like to have considered? ANIMAL ORDINANCE (QUESTIONNAIRE RESULTS TOTAL NUMBER SENT OUT 26,057 RESPONSES: MAIL/ DROP FAX E-MAIL PHONE TOTAL PERCENT OFF 1,234 194 37 29 1,494 5.73% 1. The City of Plymouth currently limits the number of dogs in a residence to two. Do you believe this number needs to be changed? Yes 453 No 1,033 (no, as long as special permit for more -2 30.32% 69.14% 2_ If you would like the number changed, what do you believe is the correct number? n n70i 7 500A 3.55% 0.47% 2.41% 0 1 3 112 4 53 1 6 7 1 unitd 36 1 214 3 to 4 10 5 4 1 10 1 1 special 9 specials: 14.32% 0.67% 0.27% U.U! /o U.bU /o 2 large, 3 small 2 large, 3 to 4 small 4 inside MUSA, 6 outside MUSA should depend on size of yard and/or size of pet (5) 2 for regular lots, lots of more than 5 acres can have more Updated: 2/25/98 Page 1 3. The City of Plymouth currently has no limit on the number of cats in a residence. Do you believe there should be? Yes 1,244 NO 220 83.27% 14.73% 4. If so, what do you believe this number should be? 0.47% 45.98% 0 7 2 687 1 183 3 198 12.25% 13.25% specials: under 10 2 unless over 5 acr s 4 inside MUSA, 6 outside MUSA depends on owner 0 if allowed to roarr, 1 if not 5. Would you prefer that any limit to the n of dogs and cats or should they be sep 0.80% 621 1.41% 0.07% 1.00% 3 to 4 12 5 21 8 1 special 15 4 107 6 20 10 5 14 7.16% Total 1.34% 0.33OXO specials continued: 1 3to5 4 to 5** 2 to 3** 1 to 2*** size of pet & house of pets be a combed number Combined 621 Separate 802 41.57% 53.68% Total 1 20 Total 90 Total 3 14 Total 9 Total 5 1 Updated: 2125198 Page 2 Do you believe there should be a license (similar to a conditional use permit) available in residential areas for larger numbers of animals under certain circumstances? Yes 941 No 497 62.99% 33.27% 7. If yes, what controls would you like to see in place for these special licenses, i.e., inspections, limit to number of complaints within a year, etc. inspections 560 annual -33) (twice a yr*10) (11mo) (every 3 mo*) (every other yr**) (if compl") (bi-mo) limit to number of complaints 454 4/yr***) (2 or 3*) (2*9) (3*8) (1 justifiable**) (none**) (3/yr-diff people*) size of property 22 sq yard minimum per animal cleanliness (smell, etc) sanitation 20 also in other people's yards agreement in adv of all neighbors Min 1 blk 20 limited to breeders 19 to allow for puppies/kittens to be sold temporary permit 16 time limit) proof of good health and shots 14 by veterinarian annoyance to neighbors (noise) 12 limit to special uses, such as handicapped 9 seeing -eye" for blind, etc dog trainers/raisers require fenced yard and/or kennels 8 proximity of neighbors 6 especially townhouses - not in heavily populated area type of animal - size 5 costs pd by fees not taxes 5 a set of regulations to govern 5 strictly enforced common sense 3 not in fesidential area 3 rural or farm only registration 2 further study/compare to other cities 2 special licenses to breed 2 licensed 2 strict controls 2 type of containment for animals 2 special circumstances 2 review reasons for having animals 2 should be upper limit 2 require spayed 1 get i/D implant 1 require I/D tag 1 general monitoring 1 further rules if breeding for profit 1 safety of all residents 1 Updated: 2/25198 Page 3 type of facility operation of a kennel proper space for animals only for new litters condition of yard location of property no big animals or large dogs all special uses like kennel, breed( whatever else is logical standard conditions screening app include promise of care & r written update of basis for perry no biting incidents get guidelines from Humane Sc if violation found after complain business use only, i.e. vet, kern same as special licenses impound unleashed w/fine for r too much city expense to policE proceeds used for Animal Hum test period no government control should be hard to get require spay/neuter unless cert animal knowledge of primary c Humane Society inspections or it show prob Society breeder regiver 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 very large fines Page 4 Updated: 2/25198 8. Currently, Plymouth restricts dogs from being allowed to run at large off the owner's property. Do you believe cats should be included in this provision? Yes 1,158 No 357 77.51% 23.90% 9. Currently, the City of Plymouth ordinance only requires licensing of dogs. Do you believe there should be provision for: a) licensing cats 743 b) registering cats 182 either license or register 92 c) leave ordinance as it is 428 only if not spayed, then register 1 chip option 2 10. Would you be interested in attending a public meeting on the animal control ordinance and potential changes in it? Yes 475 No 9,296 Maybe 33 TV 2 Updated: 2125198 Page 5 Public safety Advisory Board Additional Comments Received on Animal ordinance Changes Since the closing and compiling of questionnaires on February 5t11, nine additional questionnaires were received. They compiled as follows: 1. Yes -2 No -7 2. 5)1 3)1 4)1 3. Yes -8 No -1 4. 5)1 2)5 1}1 5. Combined - 5 Separate -4 6. Yes -6 No -2 7. Limit number of complaints -2 Inspections - 2 Have standards for conditions animals are kept in -1 8. Yes -6 No -3 9. License cats - 6 Leave ordinance as is - 2 10. Yes - 6 No - 1 11. Concerned about barking dogs Concerned about animals left outside 24 hrs a day in winter Tired of cats damaging garden Tired of dogs from trail eating food they put out for birds Problem of cats killing birds Would like off leash area for dogs to play 4)1 Four individuals have called to request the information from the meeting as they were unable to attend. We have received called from three individuals who are cat owners concerned about possible at large/leashing restrictions: Stated they are cat owners and concerned leashing cats is not within the species Stated they are a cat owner and we should consult an expert on cat behavior before making any changes. Stated we should instead require owners to be responsible owners by requiring collars with bells on outside cats and require thein to be indoors by sunset. Stated they did send a questionnaire and attend the meeting (but did not speak) are a cat owner and would like consideration of grandfather clause if anything changed. Stated the number of responses shows to thein that most people are not overly concerned about this issue a few people complain and get the most attention and they don't think that's right. Had an ordeal when they lived in New Hope and they did something similar and the neighbors trapped their cat. Would not like to go through it again. Should work through the problems with their neighbors. Public Safety Advisory Board Additional Comments Received on Animal Ordinance Changes Additional phone calls received: Stated she attended the meeting on February 19t" but wasn't ready to speak in front of anyone. Her concern was regarding animal bites and dangerous animals. She stated her son was bitten by a neighbor's dog and she does not feel we do enough to protect children. She stated it is her opinion the law errs on the side of the animal and not people. She stated we should look at the animal's history and consider unreported bites. I received a call from a man who currently only has one dog, but owns a home on three acres and does not believe it is right that he is limited to two and both he and his property could support more if he desires. He also stated he is concerned that the ordinance is not fair because someone can have 50 cats, but he is limited to two dogs. He further stated cats can be a problem running loose. He stated we need to be fair to all animals and should consider the owner. Stated they were concerned we were going to restrict cats from being free outside. She was concerned our survey says 78% would prohibit cats from running loose. She states that cats are totally different animals. The City would have to allow high fences so cats can be outside. Also cats don't attack people or chase cars or people on bikes. She stated declawed cats cannot be outside. She asked if the public will be allowed to vote on any changes. Two letters were also received. Copies of both are attached. ANIMAL ORDINANCE PROPOSAL The Public Safety Advisory Board, Staff, and City Attorney have completed the final draft of the proposed animal ordinance. Attached you will find a copy of what the ordinance would look like if adopted by the City Council. The Council will be reviewing the ordinance at its July 22nd meeting. Staff has recommended that the Council adopt the ordinance with an effective date of January 1, 1999. This would give us an opportunity to get out information on the new requirements and arrange for a licenselrabies/microchip clinic before they become effective. You will note in the proposed ordinance that after the last round of public comment, the Advisory Board removed cats from the at -large requirements and put in some nuisance animal language instead. Staff has also given the Council an option to include cats in the at -large section with a "grandfather clause" for existing outdoor cats. The language for the alternate follows: OPTION B: 915.17. Dogs and Cats Prohibited from Running at Large. Subdivision 1. General Rule. No Owner of a dog or cat shall permit it to be At Large within the City. Every Owner of a dog or cat shall keep it Under Restraint at all times. An exception to this requirement is dogs are allowed within a body of water for training and/or exercise purposes as long as they are not within 300 feet of any public swimming area and are not found to be creating a nuisance as defined in this ordinance. Subdivision 2. Exemption. Cats who are outdoor cats within the city at the time of adoption of this ordinance may be exempt from this section of the ordinance for the lifetime of the animal by meeting the following requirements. The owner must register the cat by December 31, 1998, the cat is required to be spayed/neutered, and the owners must agree to be responsible for any damage to property done by the cat and work with victim and police to ensure solution to the problem being created. On beef of tete Public Safety Advisory Board and staff, we would like to take this opportunity to thank everyone who was involved in the process making comments and bringing ideas to the Board. ATTACHMENT B Agenda Number: TO: Dwight D. Johnson, City Manager FROM: Barbara Cox, Technical Services Supervisor THROUGH: Craig Gerdes, Director of Public Safety SUBJECT: AMEND ORDINANCES PERTAINING TO ANIMAL CONTROL DATE: July 13, 1998, for July 22, 1998, City Council Meeting 1. ACTION REQUESTED: Adopt ordinance amending Chapters I, IX, and X as they relate to animal control in the City of Plymouth. 2. BACKGROUND: City Council and staff received requests for consideration of some changes to the City's existing animal ordinance. Specific questions regarding increasing the number of dogs allowed and placing some restrictions on cats brought the ordinance questions to the attention of the City Council. The Council made the decision in the fall of 1997 to refer the matter to the City's Public Safety Advisory Board for their study and recommendations. The Advisory Board met several times and considered information on the current ordinance, requested changes, as well as information from other cities. In an effort to involve the community in the question and seek their opinion, they determined a method to gain this comment. A questionnaire was devised and distributed throughout the community in the January Plymouth Rock Newsletter. Over 1,500 responses were received. The Advisory Board also scheduled a public comnnent meeting in February to distribute information on the questionnaire responses received and seek additional public input. Once this input was received, the Advisory Board made an initial draft of changes for the ordinance. The draft was distributed by mail to all who had put their name and address on the questionnaire, called in and left the information on the voicemail response line, or stopped in for a copy. A copy was also posted on the City's web page. After the distribution was complete, the Advisory Board continued seeking public input through mail, fax, e-mail, and the phone line. They also had an additional public meeting for input on May 21". The Board met again in June to further consider input from their draft and recommend changes. Changes made to the ordinance after the first draft that were included because of citizen comment include the above noted change of cats in the at -large section, along with changing the vaccination requirements for cats to only rabies, adding wolf and other wild animal hybrids in the definition of wild animals not allowed, and adding "Minnesota" to our license tags. Copies of all the minutes from the public meetings and the results of the questionnaire and other public comment received are attached for Council information. The major changes to the ordinance include Overall revamp of the ordinance to update and make it clearer Kennel Licenses now pertain to animal -related businesses Multiple Animal Licenses are created and allow for additional dogs or cats over the set limit in residential areas Cats are now included in vaccination and license requirements Ferrets are allow as pets as long as they are vaccinated for rabies Exemption from license tag requirement for microchip or registered identification tattoos Opportunities for low cost licenses for spayed or neutered animals, at annual rabies clinic, on a replacement animal, or an animal moved to Plymouth with a current license from another city , Additional wording to clean-up section allowing for easier enforcement (where previously we would have to witness the owner not cleaning up and disposing of feces, the new wording requires them to carry equipment for clean-up off their property) State Statute language on potentially dangerous and dangerous dogs is now mi cluded in our ordinance Steel jaw leg -hold traps are banned Wild animals restricted now include all wild hybrid mixes such as wolf There are two options for handling cat complaints; one is to handle them only through nuisance complaint situations; the second is to include cats in the at -large restriction with a special consideration for existing outdoor older cats The original issue that brought the animal ordinance under review was that the City had received several requests to allow residents to own a third dog as the current ordinance only allows two, with some exceptions only in the FRD zone. This issue came up during the review of the Zoning Ordinance. As the new proposal also restricts the total number of cats within a residence, the Advisory Board proposes a Multiple Animal License to allow more dogs and/or cats as pets within a residence. Staff then worked with the City Attorney to devise the conditions guider which one of these licenses would be turned down. The concept then allows people to have larger numbers, but we can ensure they are not creating problems with the animals and are taking good care of them. The final draft from the Board was then reviewed by the City Attorney. The final draft was then mailed to all parties on the mailing list and a copy posted on the City's web page. The recommended ordinance was scheduled for Council review at this time. 3. DISCUSSION: Public Safety staff has worked with the Advisory Board and City Attorney in an effort to provide the most effective and fairest ordinance possible. In the widely distributed questionnaire, 77.5% of the respondents indicated a desire for cats to be restricted from being at -large within the City. This language was included in the first draft of the ordinance by the Advisory Board. Much of the comment received at the second public meeting and by phone and letter after that first draft came from people who indicated some concerns with older cats who are currently allowed to run free and the problems associated with attempting to change their behavior late in life to become house cats, The Advisory Board discussed this issue at length and was greatly concerned with it. Staff did provide the Advisory Board with possible "grandfather clause" wording to address this issue. The Advisory Board decided to recommend taking cats back out of the at -large section of the ordinance and instead address them in the nuisance section of the ordinance. This is listed as Option A" of section 915.17 in the ordinance. As indicated, one of the most difficult areas addressed was the cats at -large section. Since this was a concern of so many citizens and an enforcement issue, we have provided an option to the Public Safety Advisory Board's nuisance section. In this option, we would retain the nuisance section, but include cats in the at -large section which also provides a "grandfather clause." This is "Option B" of section 915.17 in the ordinance. Council will also note that staff has recommended that although the ordinance would be adopted now, the effective date would be January 1, 1999. This would allow time to produce and distribute education and informational materials within the community on the new regulations. We would also have an opportunity to arrange for a rabies/microchip clinic to give people an opportunity to get these provided at low cost before they are required. 4. ALTERNATIVES: The Council could direct that certain portions be eliminated or changed. 5. BUDGET IMPACT: There should be no large impact on the budget_ Although there are changes in the license fees allowing them to be cheaper for spayed and neutered animals and free at the license clinics, there is now provision to license cats. Overall staff believes the impact on revenues would not be great. We also believe the proposed costs are reasonable and would cover the costs of the service provided. 6. RECOMMENDATION: The Public Safety Advisory Board and staff recommends the adoption of the proposed ordinance with the selection of either Option A (Public Safety Advisory Board) or Option B (staff) in section 915.17. ORDINANCE NO. 98 - AN ORDINANCE AMENDING THE PLYMOUTH CITY CODE CONCERNING ANIMAL CONTROL THE CITY OF PLYMOUTH ORDAINS: Section 1. Plymouth City Code Section 105, Definition of Terms, is amended to read as follows: Subd. 50. "Pr+ate Kennel" means premises where the business of raising, selling, boarding, breeding, s#6wiRg, treating, or grooming dogs animals is conducted, eXGept that this term net include pet shops, animal hospitals, and similar operatiens. Subd. 83. "Wild Animal" is repealed and replaced with Subd. 83. "Wild Animal' means any animal that is wild, ferocious, or vicious by nature, habit, disposition, or character. Animals in this category include any ape, including chimpanzee, gibbon, gorilla, orangutan, or siamang], baboon, bear, bison, bobcat, cheetah, crocodile, coyote, deer, [including all members of the deer family such as elk, antelope and moose], elephant, fox, hippopotamus, hyena, jaguar, leopard, lion, lynx, monkey, ostrich, puma, also known as cougar, mountain lion or panther, rhinoceros, any snake which is poisonous or any constrictor snake, snow leopard, tiger, wolf, or hybrid mix of any of the wild animals such as wolf/dog mixes. Section 2. Plymouth City Code Section 915, Animal Control, is revoked in its entirely and replaced with the following: Section 915. Animal Control. 915.01. Definitions. Subdivision 1. For purposes of this Section the terms defined herein have the meanies given them. bd. 2. "Owner" me 10 harbori Subd. 3. "Public nuisance animal" means any animal to which any of the following conditions aippiy: 1 Animals that are found on any propertyagainst the wishes of the owner of the orooerty: animal that damages the property of anyone other than its owner', mals that are dangerous animal mals that cause unsanitary conditions of enclosures or surroundings as s that are disused animals dangerous to human health s that bark excessive) or make rolon ed and disturbinc peace and quietude of the neighboring ro ert , or s that have been determined to be strays. Subd. 4. "Stray" fused as a noun) means any unlicensed and unattended animal which appears to not have an owner. Subd. 5. "Unprovoked" means that the victim who has been conducting himself or herself peacefully and lawfully has been bitten or chased in a menacina fashion or Unreasonably disturb the peace an is not a person. includina a law enforcement officer or animal control officer. from a location outsice OT ine i]uiialna or oremiseS wnere ine Hnlmai Is Delna Kept ana Wnicn animal noise occurs repeatedly over at least a -five-minute period of time with one minute or less lapse of time between each animal noise during the five-minute period. 915.03. Duty of Animal Owners to be Responsible Owners. It shall be the duty of every owner of any animal, or anyone having any animal in his or her possession or custody, to exercise reasonable _case and to take all necessary steps and precautions to protect other people, property, and animals from injuries or damage which might result from his or her animal's behavior, regardless of whether such behavior is motivated by mischievousness, playfulness, or ferocity. In the event that the owner orkeeper of any animal is a minor, the parent or guardian of such minor shall be responsible to ensure that all provisions of this article are complied with. 915.05 Enforcement Procedures. The City shall designate animal control issued. If a violation did not occur in statements, and evidence may be submitted to the Plymouth City Attorney's office for a determination of whether a formal complaint should be issued. The officer may also issue a notice of the violation to the owner of the animal. Such notice of violation shall state the date and time of the issuance of the notice, the name and address of the person in violation, the date of the offense, the offense committed, a description o the animal involved, and a demand that the offense be abated within 48 hours after the issuance of the notice. If the person fails to abate the offense, then the officer may issue a citation to the person. The animal involved may also be subject to impoundment. cer enforcing this Chapter or State Law. No person shall s in the custody of a Citv animal control officer or licensed n 915.07. Animal Pound. Subdivision 1. Animal Pound Authorized. The Council may provide for a City animal pound, either within or outside the limits of the City. together with the person or persons designated by the City as Animal Control Officers to enforce the provisions of this Section and to transport or cause to be transported to the City Pound any or all dogs or other animals kept within the City contrary to the rovisions of this Section. The Animal Control Officer is authorized to issue tags and sign complaints against any person for violation of the provisions of this Section. Subd. 3. Animals sub'ect to impoundment. 1) Any unrestrained or unlicensed animal required to be restrained or license( by this Chapter may be impounded. 2) Any animal meeting the definition of a public nuisance animaf as defined it this Chapter may im_poun.ded. 3) Any animal involved in a biting incident may be impounded as outlined in section 915.23. 4) Any animal which has been declared either Potentially Dangerous or Dangerous pursuant to this Chapter or State Law and has violated any of the restrictions placed upon the animal. 5) Any animal found to be not properly sheltered from cold, hot or inclement weather, not properly fed or watered, or provided with suitable food an drink in circumstances that threaten the life of the animal in accordance with Minnesota Statute 343.29, Subd. (1). Subd. 4. Redemption of impounded animals. Any animal so impounded shall be kept for at least five days, or at least ten days in the case of quarantine or animal impounded under Minnesota Statute 343.29, subd. (1), unless sooner reclaimed by_ the Owner thereof. The Owner of any impounded animal may reclaim the same by Paying the impounding fee prescribed_ in Chapter X plus the cost of the keep of such animal in said pound and any penalties due and payable and upon exhibiting roof of license, if the animal is required to have a license under this Chapter. Subd. 5. Disposing of Unclaimed Animals. AnV animal not reclaimed within five days after being impounded may be disposed of by the pound keeper, provided that such animal has not bitten or been suspected of biting any person. Under Minnesota Statute 35.71 subd. 3 at the end of the five-day period,all animals which remain unredeemed must be made available to any licensed institution which has requested that number of animals. Subd. 6. Accounting by Pound Keeper. The pound keeper shall keep an accurate .account of all animals received at the pound and of all animals killed released or disposed of therefrom and shall make a monthly accounting thereof to th City, All records required by Minnesota Statute 35.71 shall be kept by the pound e 915.09. Vaccination Requirements. Eve dog, cat or ferret over six months of age, kept as a pet shall be vaccinated against rabies. Because of techniques and tolerances species limitations and public health implications, animal rabies vaccines shall be administered only by or under the supervision of a veterinarian. Any animal for a species for which no rabies vaccination is licensed for that species by the Unitec States Department of Agriculture shall be considered unvaccinated for rabies regardless of that animal's vaccination_ history. However, no dog or cat need be vaccinated when a licensed veterinarian has examined the animal and certified that at such time vaccination would endanger its health because of its age, infirmity, debility, illness or other medical consideration' and such exception certificate is presented to the animal control officer within five day 915.11. Licenses. Subdivision 1. License Reauired. No person shall own. W rrent license for the dog or cat has been obtained and the tag affixed as 915.13 or unless the animal is exempt from wearina a taa pursuant to Subd. 2. Duration of License. Licenses shall be issued for the period of time concurrent with the rabies_ vaccination_ and shall expire with said vaccination. Subd. 3. License Fees; Amount. The license fee for each doq or cat shall be as provided in Chapter X. Subd. 4. Late -License Penalty Fee. If the license is obtained while the dog o cat is impounded by the City, there shall be added to the regular license fee a late - license penalty as specified in Chanter X. Subd. 5. Issuance of Licenses; Veterinarian's Certificate to Accompany Application. All licenses shall be issued by the designated Cites and applications therefor shall be accompanied by a certificate issued by a veterinarian licensed to practice in the State of Minnesota, showing that the a has been currently vaccinated_ against rabies. 915.13. License Taas. Subdivision 1. Issuance of Taa: Content: Reaist there shall be stamped or engraved the reaister number of the doa or cat. the words aaaress appiicagie. ops and cats so licensed and said registry shall contain t one number of the Owner, a description of the doa or ca- Subd. 2. Replacement of Lost Tags; Procedure; Fee. If any license tag is lost or stolen. the Owner may obtain a new taa by surrenderina the receipt for the first tag paying the fee provided in Chapter X. Subd. 3. Use of Tag and Collar. Except for those exempted in Subd 4., every Owner shall place and keep around the neck of the dog or cat a collar on which the current license shall be securely fixed Subd. 4. Animals exempt from wearing license tag. Any dock or cat having an identifying tattoo or microchip implant registered with the City is exempt from the requirement of wearing a license tag_ Subd. 5. Counterfeiting the Tags Prohibited. No person shall counterfeit any such license tag or use a counterfeit tag. Subd. 6, Replacement Animal. If a City licensed dog or cat dies within the license beriod and a new doa or cat is secured by the owner to reblace the previous animal upon payment of a transfer fee as specified in Chapter Subd. 7. Change in Ownership. If there is a change in ownershipc licensed animal, the new owner must apply for license within thirty (30) d the fee charged for a new license. Subd. 8. Reciprocity. Upon proof of current rabies vaccination, a d owner who has a valid and current license from another city within the State of Minnesota may secure a Plymouth license by surrendering the other license and paying a transfer fee asspecified in Chapter K. 915.15. Abandonment. It is unlawful for any person to abandon a dog or other Animal within the City. OPTION A: 915.17. Dogs Prohibited from Running at Large. Subdivision 1. General Rule. No Owner of a dog shall permit it to be At Large within the City. _ Every_ Owner of a docs shall keep it Under Restraint at all times. An exception to this requirement is dogs are allowed within a body of water for training and/or exercise purposes as long as they are not within 300 feet of any public swimming area and are not found to be creating a nuisance as defined in this ordinance. OPTION B: 915.17. Dogs and Cats Prohibited from Running acLtLarge. Subdivision 1. General Rule. No Owner of a dog or cat shall permit it to bebe At Large within_ the City. Every Owner of a dog or cat shall keep it Under Restraint at all times. An exception to this requirement is dogs are allowed within a body of water for training and/or exercise purposes as long as they are not within 300 feet of any public swimming area and are not found to be creating a nuisance as defined in this ordinance. Subdivision 2. Exemption. Cats who are outdoor cats within the city at the time of adoption of this ordinance maV be exempt from this section of the ordinance for the lifetime of the animal by meeting the following requirements. The owner must re_ gister the cat by December 31, 1998, the cat is required to be spayed/neutered, and the owners must agree to be responsible for any damage to property done by the cat and work with victim and police to ensure solution to the problem being created. 915.19. Public Nuisances; Abatement of Nuisance Subdivision 1. Noise. No person shall own, kee_p,_harb harbored any animal which by loud or f reguent.barkin Unreasonably Disturb the Peace and Quiet in the vicinit actions can be taken in these cases u on the request o - licensed peace officer who witnesses violations or upon w to be kept or or yelping shall Enforcement mal control offic Subd. 2. Clean-up. No Owner shall permit his or her Anim r lawn, garden or other property. An Owner shall have the rest anv feces of the Animal and to dispose of such feces in a sanii uity rias the autnority to im oun. any individual walking an Anima dispose of feces. Lack of such this section of the ordinance. 915:21. Animal Limits. Sul have custody of more than four which may be doas over six moi animal crea Eeir own Droi eviae on 1. No person shall owr and cats in combination, nc d on their property without srein. exceot individuals in SID111ty or ceanin manner. The Any owner or uipment to intent to violate an two of rst secured parent program. Subd. 2. Duration of Multiple Animal Licenses. Multiple animal licenses shall be issued on an annual basis and shall be made for the whole or unexpired portion of the year ending on December 31 next following the effective date of the license. Subd. 3, Multiple Animal License Fees. The license fees for multiple animal licenses shall be as provided in Chapter X. Subd. 4. _Late -License Penalty Fee. If the multiple animal license is obtained after an animal has been impounded then there shall be'a penalty fee added to the reaular license fee eaual to the reaular license amount. This fee shall be paid in addition to any animal licensit prior to release of the animal. MW Subd. 5. Multiple Animal License. Individuals must make application for a multiple animal license on forms orovided by the Citv and submitted to the Public any of the following reasons: a. Fraud, misrepresentation, or incorrect statement contained in the application. b. Conviction of any crime, or misdemeanor, pertaining to the keeping or care of animals. sure e health. safetv and Subd. 6. Issuance of Multi_pje Animal License. Licenses will be administr approved. In the event of denial, a_grievance process is established within the C First appeal shall be reviewed by the Chief of Police and final appeal shall be reviewed by the City Council. Applications that are denied will be advised of the appeal process available to them at the time of denial and the reason for denial. Subd. 7. Kennel License. No person shall conduct any business of selling, boarding: breeding, treating, or grooming_ animals without obtaining a_ kennel license. Kennel licenses shall be issued on an annual basis and shall be made for the whole or unexpired portion of the year ending on December 31 next following the effective date of the license. The fee for the kennel license shall be as provided in Chapter X. 915.23. Animal Bites. Subdivision 1. Notice. Whenever any person owning, possessing or harboring any dog or other Animal within the City shall learn that such Animal has bitten any human being, such person shall immediately notify an animal control officer or licensed peace officer with the City of Plymouth. Subd. 2. Animal Bites. a) Impoundment. Whenever an animal control officer learns that any human being has been bitten by a dog or other Animal in the City, then shall ascertain the identitv of such animal and the person owning, possessing or harboring it and shall immediately direct such person to forthwith impound such Animal for a period of ten days after the bite occurred as herein required. Said officer may seek whatever legal process is necessa to enter private property to carry out this directive. The animal shall be impounded for the quarantine period with evaluation of the rabies vaccination history of the animal taken into account. The officer may allow the animal to be quarantined at home if the animal has been currently vaccinated against rabies and the owners agree to quarantine re uirements. The officer may also allow the animal to be quarantined at any licensed veterinary facility with a report on the animal's health to the City at the end of the quarantine. The _officer ma also determine to quarantine the animal at the City's official pound facility. b) Dods Cats and Ferrets. If a dog, cat, or ferret has bitten a human beinc while on the premises of its Owner and said animal is currently licensed if re uired and vaccinated against rabies infection the Animal Control Officer may permit the animal to be impounded upon the premises of its Owner provided that it is kept apart from members of the general public during such impoundment period. If the animal is not current vaccinated against rabies, does not reside within the City, or the bite took place off the owner's property, the Animal Control Officer may re uire the animal to be impounded at the City's authorized pound or at a licensed veterinary facility with a report back at the end of quarantine. c) Fees. The impoundment fee for any Animal that is impounded in the City pound a second time for biting a human being shall be double the regular impoundment fee provided elsewhere in this Code. The Animal Control Officer shall order and direct the transport of such Animal to the city pound. Any Animal so impounded shall be kept_ _continuously so confined fora period of ten days after the day the animal bit a human being. Subd. 3. Rabies: Inspection. It shall be the duty of the Animal Control Officer to insure that every animal that has bitten a human being is inspected from time to time during its period of confinement to determine whether such Animal is infected with rabies. For this purpose the Animal Control Officer shall have access at all reasonable hours to the premises where such animal is kept. The period of confinement for such Animal shall be terminated only upon the express authorization of the Animal Control Officer following inspection and the completion of ten-day confinement period. 915.25. Potentially Dangerous or Dangerous Declarations. All cases involving bites or any other cases involving behavior considered to be potentially dangerous or rlannrarni is by tha Animai f .nntrnl f)ffil'P.r will hp rP.vipwpd by the Designated Hearing UTTIcer Tor ine l-,iTy• Subd. 1. Determination of Potentially Dangerous. After review of cases involving bites or other behaviors the officer shall determine that a dog is Potential) Dangerous, if the officer believes, based upon the officer's professional judgment that a dog has: a) When unprovoked, inflicted bites on a human being .or domestic animal on ublic or private property_; or b) When unprovoked, chased, or appro e. upon the streets. sidewalks or any nri c) A known propensity, tendency, or disc or otherwise threatening the safety of hum Subd. 2. Notice of Potentiallv Danaerous rs rson. includina a oe ion to attack unprovoked, cauE or domestic animals. 7. Ugon a determination that a of suitable age at the residence of such owner. The notice shall describe the dog deemed to be potentiallydangerous and shall give the owner the potential restrictions under the order and their rights to a hearing on the matter. Subd. 3. Determination of Dangerous Dog. After review of all information resented the officer shall determine that a dog is a Dangerous Dogif the officer believes, based on the officer's professional judgment, #hat the dog has: a) Without provocation, inflicted substantial bodily harm on a human being on public or private property; or b) Killed_a domestic animal without provocation while off the owner's property; or c) Been determined to be a potentially dangerous dog, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. Subd. 4. Exemption. _ Dods may not be declared dangerous if the threat, injury, or damage was sustained by a person: a) Who was committing, at the time, a willful trespass or other tort upon the the dog; or c) Who was committing or attempting to commit a crime at the time. Subd. 5. Notice of Dangerous Dog. Upon a determination that a dog is dangerous pursuant to Minnesota Statutes, Section 347.50, subdivision 2, and this Chapter, the City shall provide a Notice of Dangerous Dog to the owner of such dos personally serving the owner or a person of suitable age at the residence of such owner. The notice shall describe the doa deemed to be danaerous. The notice sh within fourteen (14) days after receipt of the notice notice, the owner shall confine the dog in a proper whenever outside. If no timely appeal is received I dangerous docs shall comply with the requirements including but not limited to the registration of the d; Auditor. The Hearing Officer shall make such ord( including, but not limited to, destruction of the Anir federal law, transfer of the Animal to a zoo or othe Owner of the reasonable costs of temporary impoL Animal. After the Owner of an Animal is given noti iatelv uoon receiot of the e Citv. the owner of the ndment and tra ee e as provided in this subsection, the Director of Public Safety is authorized to order the destruction or disposition of any Animal which is determined to be a Dangerous Subd. 6. Hearing. If the owner timely appE ous or dangerous dog, a Dearing shall be s ner and hearing officer's schedules. The hE w the doo should be declared potentially da determination of a potenti d as soon as possible for fficer shall receive eviden Minnesota Kules ort tvielence need not oe smCIIV Toiiowea anew Me ree;Urus UI eat, Animal Control Officer or licensed peace officer shall be considered without further foundation. After considering all evidence submitted the Hearing Officer shall make written findings of fact and reach a conclusion whether the dog is a potentially dangerous dog or dangerous dog pursuant to Minnesota Statutes 347.50 and this Chapter. The findings and conclusions shall be made within ten 10) working days after the hearing and shall be personally served upon the owner ora person of suitable age at the residence of such owner. The decision of the Hearing Officer shall be final but is appealable to a court of law. Subd. 7. Regulation of Dangerous Dogs. The owner of any dog determined to be Dangerous after given opportunity for a hearing provided above shall be required to abide by the following regulations. The dog shall be registered with the County as provided in section 347.51 K and the owner shall secure the proper liability insurance or surety coverage as required under section 347.51 subd. 20 and the owner shall keep the dog in a proper enclosure, or if the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash and under the Physical restraint of a responsible person. The muzzle must be made in a manner that will prevent the dog from biting any person or animal but that will not cause inlu to the dog or interfere with its vision or respiration. Subd. 8. Dangerous Animals at Lar e. A Dan erous Animal-runnin- of lar e shall be apprehended by the animal control officer or any licensed peace officer and if the Animal bears no identification which reasonably reveals its ownership, the officer shall impound the Animal until the quarantine period is completed. If the Animal has not been claimed it shall be destroyed at the end of the guarantine period. If the Animal is claimed upon payment of kennel fees it shall be released to the person paying such fees and the process shall proceed as in Subdivision 3. 915.27. Trapping. Subdivision 1. Definitions. For purposes of this Subsection the term "Trap" means any mechanical device, snare, artificial light, net, bird line, ferret hawk vehicle or contrivance used to trap, catch snare kill or otherwise restrain the free movement of any nondomestic animals wildlife or birds' and the term trapping" means the setting, laying or otherwise using a trap to catch trap,snare kill or otherwise restrain the free movement of non-domestic animals wildlife or birds. Subd. 2. Trapping Prohibited. All Trapping in the City is prohibited except: a n private propeffy when the. owner of such riva e prooertv has expressly consented to allow Trapping thereon; and b Upon the issuance bV the Director of Public SafetV of a permit therefore after a showing that such Trapping is necessary to eliminate a nuisance. Subd. 3. Exceptions.- The provisions of this section 915.27 do notapply: a To persons who employ a Live Trap on their private property to prevent an unsafe condition, or the waste or destruction of their_ property, when such persons have complied with applicable state laws b To governmental officers who may in the course of their duties be reauired to use a Trac] to catch, trap, snare, kill or otherwise restrain the free movement of any animal, wildlife or birds for humane or other authorized purposes; and Subd. 4. _ Prohibition of Steel Jaw Leg -Hold Traps. No person shall set or use a I law leg -hold or killer trap within the corporate limits of the City unless specifically orized to do so by a governmental agency on that governments property. 29. Wild Animals Prohibited. No person shall keep or allow to be kep lace in the Citv a Wild Animal, unless with an administrative permit as Dart of a zoning ordinance. Any Animal Control officer or licensed peace officer shall be empowered to immediately_ impound any Wild Animal found within the City, and to seek whatever legal process is necessary to enter private property to carry out this directive. It is not a defense to allege that the Animal has been tamed or born and/or raised in captivity. Animals which are considered exotic or non -indigenous, although not in the definition of a wild animal as found in this ordinance and which have been found to create a nuisance as noted in this Chapter or by allowing such animal to run at -large off the owner's property cannot be kept as pets within the City. Sgbd. 2._ Notice and Hearing. The same notice and hearing provisions set forth in Subsection 915.25 Subds. 2 and 5 shall apply with respect to the issue of whether an Animal is "wild". The Director of Public Safety shall make whatever order as he/she deems proper including, but not limited to, destruction of the Animal, if consistent with state and federal law, transfer of the Animal to a zoo or other facility, and reimbursement by the owner of the reasonable costs of temporary impoundment and transportation of the Animal. 91.5.31_. In the event that the provisions of Section 915 of the City Code provide inadequate protection for human life or DroDerty. the Director of Public Safetv shall N aescruction, or testing or an Hnim heaith and safety. of Dublic Section 3. Plymouth City Code Section 1010, License Fees, subd. 7 Miscellaneous is amended to read as follows: Dogs and Cats (good for length of rabies vaccination) a) Male or Female 915 15 b) Spayed or neutered 915 5 c) Replacement of License 1 d) Licenses at annual rabies/ microchip clinic FREE e) License transfer fee 1 f) Specially trained and certified working animals or foster animals FREE g) Kennel License 65 h) Multiple Animal License 35 i) Late License Penaltv 12 added to license fee I) Impound fees_ Administrative Fine plus actual boarding costs Administrative fine Schedule 1s` offense 33 (plus boarding 2rid offense 66 (plus boarding) 3 offense 99 (plus boarding) 4tm offense & each additional 150 plus boarding) Cats licensed as of December 31, 1998 will not be sub'ect to escalating administrative fines and would only a the 33 plus boarding as if a first offense. Sec. 4. This ordinance is hereby adopted and becomes effective on January 1, 1999. Mayor City Cleric New language is underlined, language to be deleted is struck thrnUgs, ) ATTACHMENT C Agenda Number: TO: Dwight D. Johnson, City Manager FROM: Craig C. Gerdes, Director of Public Safety SUBJECT: AN ORDINANCE AMENDING CHAPTER EX OF THE PLYMOUTH CITY CODE CONCERNING ANIMALS DATE: December 7, 1998 for December 16, 1998 City Council Meeting 1. ACTION REQUESTED: The City Council adopt an ordinance amendment to Chapter IX in regard to animals. 2. BACKGROUND: At its July 22, 1998 meeting, the City Council adopted a major revision to the animal ordinance. The Public Safety Advisory Board had coordinated review of the ordinance which included public input through a questionnaire in the January 1998 City Newsletter, and two public meetings on February 19, 1998 and May 21, 1998. When the ordinance was considered by Council on July 22nd, there were two options given regarding the issue of cats at large. The two options were: OPTION A: 915.17. Dogs Prohibited from Running at Large. Subdivision 1. General Rule. No Owner of a dog shall permit it to be At Large within the City. Every Owner of a dog shall keep it Under Restraint at all times. An exception to this requirement is dogs are allowed within a body of water for training and/or exercise purposes as long as they are not within 300 feet of any public swimming area and are not found to be creating a nuisance as defined in this ordinance. OPTION B: 915.17. Dogs and Cats Prohibited from Running at Large. Subdivision 1. General Rule. No Owner of a dog or cat shall permit it to be At Large within the City. Every Owner of a dog or cat shall keep it Under Restraint at all times. An exception to this requirement is dogs are allowed within a body of water for training and/or exercise purposes as long as they are not within 300 feet of any public swimming area and are not found to be creating a nuisance as defined in this ordinance. Subdivision 2. Exemption. Cats who are outdoor cats within the.city at the time of adoption of this ordinance may be exempt from this section of the ordinance for the lifetime of the animal by meeting the following requirements. The owner must register the cat. by December 31, 1998, the oat is required to be spayed/neutered, and the owners must agree to be responsible for any damage to property done by the cat and work with victim and police to ensure solution to the problem being created. The City Council adopted the ordinance with Option B, but sent this item along with several others back to the Public Safety Advisory Board or staff for further review. On this issue, the Advisory Board was asked to try and find another option in between Options A and B for Council consideration. The Public Safety Advisory Board reconsidered the issues of cats at large, licenses for indoor cats, and including ferrets in the number of animals allowed and multiple animal licenses. They have new recommendations for Council consideration on these issues. Staff has considered the issue of multiple animal licenses and is recommending a process for application and approval or denial of these licenses. Staff also recommends a change in the effective date for the licensing requirement on cats. We believe this is the wrong time of the year for a rabies/ licensing/microchip clinic and would like to schedule it for the spring. We also believe this event should take place before the licensing requirement is effective. The Council also sent the issue of developing an area for off -leash exercise for dogs to staff for further review. This issue is under review by Park and Recreation staff. 3. ALTERNATIVES: Three alternate ordinances are included for Council consideration. The first includes all changes recommended by the Public Safety Advisory Board. This includes all recommendations in the second and third options plus the Advisory Board recommendation about changing the cats -at -large language. _ The second changes the effective date for cat and multiple animal licenses and allows indoor cats to be licensed at no charge and adds farm animal language to bring it into compliance with the zoning ordinance. This option is the recommendation of staff. It includes the recommendation in the third option, along with the process for multiple animal licenses. The third option changes only the effective date for cat and multiple animal licenses and adds farm animal language to bring it into compliance with the zoning ordinance. If the Council determines they would prefer not to make any fundamental changes to ordinance language, this is the minimal change that would be required. Cat licenses have been ordered, but will not be in and available until January and we would also not have time to process multiple animal licenses by January 1. This change would allow us to begin offering these licenses in January, but they would not be required until July 15L. attempted to find a proposal which would be somewhere in between the two proposals as requested by the Council. The Advisory Board strongly believed that cats should not be restricted from being at large, but enforcement should be on a nuisance basis. They were strongly against restricting cats from being at large with the grandfather clause. They have a new proposal which allows cats to be at large, unless they have been impounded more than twice for a nuisance problem. Under this option, cats Could be impounded for no license Could be impounded if a nuisance Could not be at large if impounded as nuisance three or more times. On the issue of licensing indoor cats, in discussion the Board believes licensing is necessary to ensure rabies vaccination and assist in the return of any animal which may get outside. They opted to waive any fees for licensing with indoor cats in their recommendation. The Board also agreed with the Council that as ferrets also need to be vaccinated for rabies, they should be included in the number restrictions and multiple animal licenses. No upper limit on multiple animals was set as the Board could not agree on a number as there are too many variables to be considered with the size and type of animal and property. This issue is addressed instead during the consideration of an application during the inspection to ensure the owners can safely and properly care for the number of pets they are requesting. There is also a need to change the required date for cat licensing and multiple animal licenses. The cat licenses are ordered and should be available in January, but we are requesting that they not be required until July 1, 1999. The same would apply to multiple animal licenses. This would give pet owners and staff six months to work on getting these issued. It would also allow us to have the rabies/licensing/microchip clinic in the spring when it would be easier for more people to attend. Option C is the minimal option as it only changes the effective date for the new cat licenses and multiple animal licenses. Option B from staff includes the effective date plus allowing free licenses for indoor cats and the process for multiple animal licenses. Option A from the Public Safety Advisory Board, contains all of Option B plus deleting the cats -at -large language with a new option along with language adding ferrets to multiple animal licenses. Notices of the proposed changes were mailed to all on the animal list. Information about the proposal was also put in the December City Newsletter. 5. BUDGET IMPACT: There is no impact on the budget from these changes. 6. RECOMMENDATION: The Public Safety Advisory Board recommends all of the changes outlined in the discussion area of the agenda item. These changes are addressed in ordinance Option A attached. The staff does not recommend deleting the cat -at -large language. The cat -at -large language in our ordinance is easier to enforce than the proposed nuisance language. The staff does recommend changing the effective date of the requirement for cat and multiple animal licenses and that the license fee for indoor cats be waived. We have also included the process for application for multiple animal licenses. These changes are addressed in ordinance Option B attached. If the council chooses not to make either of the above changes, the staff recommends the addition of the farm animal language for compliance with the zoning ordinance and the change to the effective date of the cat and multiple animal licenses are required. These changes are addressed in ordinance Option C attached. OPTIONA CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 98 - AN ORDINANCE AMENDING CHAPTER IX OF THE PLYMOUTH CITY CODE CONCERNING ANI1VIALS THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Section 915.17 of the Plymouth City Code is amended to read: 915.17. Dogs Prohibited from Running at Lar e. Subdivision 1. General Rule. No Owner of a dog shall permit it to be At Large within the City. Every Owner of a dog shall keep it Under Restraint at all times. An exception to this requirement is dogs are allowed within a body of water for training and/or exercise purposes as long as they are not within 300 feet of any public swimming area and are not found to be creating a nuisance as defined in this ordinance. Subdivision 2. ExeMpt'E)R. Cats whe aFe eutdoor cats within the Gity at the time lifetime of the animalA• . 1 1= require RtS. a em.e. must _ A iste a by a er 31, 1998, the cat is requiFed to be a a• A a Larae. Cats li r any of the terms Owner of a cat tl is ordinance will be ved at Larae Exce impounded more than raint at all times. heated: Cats at awed to be At Lara( ve been spa ed or nore than twice to run At Large. SECTION 2. Section 915.11, subdivision 3 of the Plymouth City Code is amended to read: Subd. 3. License Fees, Amount. The license fee for each dog or cat shall be as provided in Chapter X. Cats that are declared "indoor only" cats by their owner at the time of licensina will receive their license at no charoe. However, if the cat is IatE impounded by the -City, the owner will be required to pay all previously waivea license fees retro2etively and the cat will no lonaer be considered an "indoor only" cat for SECTION 3. Section 915.11, subdivision 1 of the Plymouth City Code is amended to read: 915.11. Licenses. Subdivision 1. License Required. No person shall own, harbor, keep or have custody of any dog or cat over six months of age within the City, unless a current license for the dog or cat has been obtained and the tag affixed as provided in 915.13 or unless the animal is exempt from wearing a tag pursuant to 915.13, subd. 4. SECTION 4. Section 915.11, subdivision 1 of the Plymouth City Code is amended to read: 915.21. Animal Limits. Subdivision 1. No person shall own, harbor, keep or have custody of more than four dogs, apd cats, and ferrets in combination, no more than two of which may be dogs over six -months old on their property without having first secured a Multiple Animal License as required herein, except individuals involved in any animal -related business. Individuals involved in the business of selling, boarding, breeding, treating, or grooming animals must receive a Kennel License. Animals which have been specially trained and certified to perform certain tasks such as for handicapped, police K -9s, search and rescue, and other designated working animals are not counted in this requirement, nor are animals that are part of any registered foster parent program. SECTION 5. Section 915.33, is added to the Plymouth City Code as follows: 915.33 Farm Animals. The keeping of farm animals within the City is regulatedin_t_he City's Zoninm Ordinance. Refer to Section 21170.01_, subdivision 3. SECTION 6. Section 915.21, of the Plymouth City Code is amended to read: Subd. 6. Issuance of Multiple Animal License. Licenses will be administratively approved. In the event of denial, a grievance process is established within the City. First appeal shall be reviewed by the Chief of Police and final appeal shall be reviewed by the City Council. Applications'that are denied will be advised of the entire appeal process available to them at the time of denial and the reason for denial. The application process shall be as follows: 91 n official application form provided by the City. Such application s e accompanied by a fee as set forth in the Citv Code. The armlicE animals. b. Applications for licenses shall be approved or denied within thirtv (30 days from the date of its official and complete submission unless a time waiver is granted by the applicant. C. The designated staff person shall conduct a background check on the applicant(s) to determine whether there have been any convictions for any animal -related offenses by the applicant(s). d. The City shall conduct an inspection of the premises to ensure the health. safety. and welfare of the animals under the applicant's care as receiving proper food, water, exercise, and overall care by using State Statute 346.39 as a guideline. e. Unless the applicant(s) has not met one or more of the previous listed criteria, the license shall be granted. SECTION 7, This ordinance shall be effective January 1, 1999 with the exceptions of licensing requirements for cats and multiple animal licenses. These licenses shall be available in January of 1999, but not required until July 1, 1999. ADOPTED by the City Council this day of , 1998. Joycelyn Tierney, Mayor ATTEST: Laurie F. Ahrens, City Clerk OPTION B CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER IX OF THE PLYMOUTH CITY CODE CONCERNING ANIMALS THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Section 915.11, subdivision 3 of the Plymouth City Code is amended to read: Subd. 3. License Fees; Amount. The license fee for each dog or cat shall be as provided in Chapter X. Cats that are declare_ d "indoor only" cats by their owner at the time of licensing will receive their license at no charge. However, if the cat is later impounded by the City, the owner will be required to pay all previously waived license fees retroactively and the cat will no longer be considered an "indoor only" cat for future licensing. SECTION 2. Section 915.21, of the Plymouth City Code is amended to read: Subd. 6. Issuance of Multiple Animal License. Licenses will be administratively approved. In the event of denial, a grievance process is established within the City. First appeal shall be reviewed by the Chief of Police and final appeal shall be reviewed by the City Council. Applications that are denied will be advised of the entire appeal process available to them at the time of denial and the reason for denial. The application process shall be as follows: f. Request: an officio be actor fee shall animals. 1 h. for licenses shall be filed also cove lications for licenses s from the date of its ler is granted by the designated_ staff per: licant(s) to determine e approved or denie I and complete subm e City shall conduct an inspectio Deoartment on ur anv convictions to ensure the well as the public in general. The inspector shall ensure the animals are receivingproper food water, exercise and overall care by using State Statute 346.39 as a guideline. Unless the applicant(s) has not met one or more of the previous listed criteria, the license shall be granted. SECTION 3. Section 915.33, is added to the Plymouth City Code as follows: 915.33 Farm Animals. The keeping of farm animals within the City is regulated_ in the City's Zoning Ordinance. Refer to Section 21170.01, subdivision 3. SECTION 4. This ordinance shall be effective January 1, 1999 with the exceptions of licensing requirements for cats and multiple animal licenses. Tliese licenses shall be available in January of 1999, but not required until July 1, 1999. SECTION 5. Additional language is added to section 915.17 as follows. 915.17. Dogs and Cats Prohibited from Running at Large. Subdivision 1. General Rule. No Owner of a dog or cat shall permit it to be At Large within the City. Every Owner of a dog or cat shall keep it Under Restraint at all times. An exception to this requirement is dogs are allowed within a body of water for training and/or exercise purposes as long as they are not within 300 feet of any public swimming area and are not found to be creating a nuisance as defined in this ordinance. Subdivision 2. Exemption. Cats who are outdoor cats within the city at the time of adoption of this ordinance may be exempt from this section of the ordinance for the lifetime of the animal by meeting the following requirements. The owner must register the cat_by December 31, 1998, the cat is required to be spayed/neutered, and the owners must agree to be responsible for any damage to property done by the cat and work with victim and police to ensure solution to the problem being created. Subdivision 3. Exemption. Any cats that are ADOPTED by the City Council this day of Joycelyn Tierney, Mayor ATTEST: Lauiie F. Ahrens, City 1998. OPTION C CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 98 - AN ORDINANCE AMENDING CHAPTER IX OF THE PLYMOUTH CITY CODE CONCERNING ANIMALS THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Section 915.33, is added to the Plymouth City Code as follows: 915.33 Farm Animals. The keeping of farm animals within the City is regulated in the City's Zoning Ordinance. Refer to Section 21170.01, subdivision 3. SECTION 2. This ordinance shall be effective January 1, 1999 with the exceptions of licensing requirements for cats and multiple animal licenses. These licenses shall be available in January of 1999, but not required until July 1, 1999. ADOPTED by the City Council this day of , 1998. Joycelyn Tienley, Mayor ATTEST: Laurie F. Ahrens, City Clerk ATTACHMENT D Plymouth City Code 915.01 Section 915 - Animal Control 915.01. Definitions. Subdivision 1. For purposes of this Section, the terms defined herein have the meanings given them. Subd. 2. "Owner" means any person owning, keeping, harboring or having custody of a dog or other animal within the City. Subd. 3. "Public nuisance animal" means any animal to which any of the following conditions apply: 1) Animals that are found on any property against the wishes of the owner of the property; 2) An animal that damages the property of anyone other than its owner; 3) Animals that are dangerous animals; 4) Animals that cause unsanitary conditions of enclosures or surroundings as determined by the county health officer; 5) Animals that are diseased animals dangerous to human health; 6) Animals that bark excessively or make prolonged and disturbing noises interfering with the peace and quietude of the neighboring property; or 7) Animals that have been determined to be strays. Subd. 4. "Stray" (used as a noun) means any unlicensed and unattended animal which appears to not have an owner. Subd. 5 "Unprovoked" means that the victim who has been conducting himself or herself peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by a dog. Subd. 6. "Unreasonably disturb the peace and quiet" shall mean generally, but is not limited to, the creation of any noise by any Animal which can be heard by any person, including a law enforcement officer or animal control officer, from a location outside of the building or premises where the Animal is being kept and which animal noise occurs repeatedly over at least a five—minute period of time with one minute or less lapse of time between each animal noise during the five—minute period. 915.03. Duty of Animal Owners to be Responsible Owners. It shall be the duty of every owner of any animal, or anyone having any animal in his or her possession or custody, to exercise reasonable care and to take all necessary steps and precautions to protect other people, property, and animals from injuries or damage which might result from his or her animal's behavior, regardless of whether such behavior is motivated by mischievousness, playfulness, or ferocity. In the event that the owner or keeper of any animal is a minor, the parent or guardian of such minor shall be responsible to ensure that all provisions of this article are complied with. Plymouth City Code 915.05 915.05. Enforcement Procedures. The City shall designate animal control officers and/or licensed peace officers for the purpose of enforcing the provisions of this Chapter and State Law. Any person may call or deliver a complaint to an animal control officer, or a licensed peace officer stating the facts and circumstances of an alleged violation of this chapter. The officer may investigate such complaint. If a violation occurs in the presence of the officer, a citation may be issued. If a violation did not occur in the presence of the officer but probable cause of a violation exists, all reports, witness statements, and evidence may be submitted to the Plymouth City Attorney's office for a determination of whether a formal complaint should be issued. The officer may also issue a notice of the violation to the owner of the animal. Such notice of violation shall state the date and time of the issuance of the notice, the name and address of the person in violation, the date of the offense, the offense committed, a description of the animal involved, and a demand that the offense be abated within 48 hours after the issuance of the notice. If the person fails to abate the offense, then the officer may issue a citation to the person. The animal involved may also be subject to impoundment. No person shall interfere with, hinder, or molest a City animal control officer or licensed peace officer enforcing this Chapter or State Law. No person shall seek to release any animal in the custody of a City animal control officer or licensed peace officer except as herein provided. 915.07. Animal Pound. Subdivision 1. Animal Pound Authorized. The Council may provide for a City animal pound, either within or outside the limits of the City. Subd. 2. Enforcement. It shall be the duty of the Police Chief together with the person or persons designated by the City as Animal Control Officers to enforce the provisions of this Section and to transport or cause to be transported to the City Pound any or all dogs or other animals kept within the City contrary to the provisions of this Section. The Animal Control Officer is authorized to issue tags and sign complaints against any person for violation of the provisions of this Section. (Ord. 2001-08, 02/2712001) Subd. 3. Animals Subject to Impounding . 1) Any unrestrained or unlicensed animal required to be restrained or licensed by this Chapter may be impounded. animal naeetina the definition of a public nuisance animal as defined in this Chapter may be impounded. 3) Any animal involved in a biting incident may be impounded as outlined in Section 915.23. 4) Any animal which has been declared either Potentially Dangerous or Dangerous pursuant to this Chapter or State Law and has violated any of the restrictions placed upon the animal. Plymouth City Code 915.07, Subd. 3(5) 5) Any animal found to be not properly sheltered from cold, hot or inclement weather, not properly fed or watered, or provided with suitable food and drink in circumstances that threaten the life of the animal in accordance with Minnesota Statute 343.29 , subd. (1). Subd. 4. Redemption of Impounded Animals. Any animal so impounded shall be kept for at least five days, or at least ten days in the case of quarantine or animal impounded under Minnesota Statute 343.29, subd. (1), unless sooner reclaimed by the Owner thereof. The Owner of any impounded animal may reclaim the same by paying the impounding fee prescribed in Chapter X plus the cost of the keep of such animal in said pound and any penalties due and payable and upon exhibiting proof of license, if the animal is required to have a license under this Chapter. Subd. 5. Disposing of Unclaimed Animals. Any animal not reclaimed within five days after being impounded may be disposed of by the pound keeper, provided that such animal has not bitten or been suspected of biting any person. Under Minnesota Statute 35.71, subd. (3), at the end of the five—day period, -all animals which remain unredeemed must be made available to any licensed institution which has requested that number of animals. Subd. 6. Accounting, by Pound Keeper. The pound keeper shall keep an accurate account of all animals received at the pound and of all animals killed, released or disposed of therefrom, and shall make a monthly accounting thereof to the City. All records required by Minnesota Statute 35.71 shall be kept by the pound keeper. 915.09. Vaccination Requirements. Every dog, cat, or ferret over six months of age, kept as a pet shall be vaccinated against rabies. Because of techniques and tolerances, species limitations, and public health implications, animal rabies vaccines shall be administered only by or under the supervision of a veterinarian. Any animal for a species for which no rabies vaccination is licensed for that species by the United States Department of Agriculture shall be considered unvaccinated for rabies, regardless of that animal's vaccination history. However, no dog or cat need be vaccinated when a licensed veterinarian has examined the animal and certified that, at such time, vaccination would endanger its health because of its age, infirmity, debility, illness, or other medical consideration; and such exception certificate is presented to the animal control officer within five days of such examination. The animal shall be vaccinated against rabies as soon as its health and age permit. Unvaccinated animals must be confined to the owner's property or a veterinary facility. 915.11. Licenses, Subdivision 1. License Required. No person shall own, harbor, keep or have custody of any dog or cat over six months of age within the City, unless a current license for the dog or cat has been obtained and the tag affixed as provided in 915.13 or unless the animal is exempt from wearing a tag pursuant to 915.13, subd. 4. Subd. 2. Duration of License. Licenses shall be issued for the period of time concurrent with the rabies vaccination and shall expire with said vaccination. Plymouth City Code 915.11, Subd. 3 Subd. 3. License Fees,• Amount. The license fee for each dog or cat shall be as provided in Chapter X. Cats that are declared "indoor only" cats by their owner at the time of licensing will receive their license at no charge. However, if the cat is later impounded by the City, the owner will be required to pay all previously waived license fees retroactively and the cat will no longer be considered an "indoor only" cat for future licensing. (Ord. 98-4, 12116198) Subd. 4, Late—License Penalty Fee. If the license is obtained while the dog or cat is impounded by the City, there shall be added to the regular license fee a late—license penalty as specified in Chapter X. Subd. 5. Issuance of Licenses Veterinarian's Certificate to Accompany Application. All licenses shall be issued by the designated City persomiel, and applications therefor shall be accompanied by a certificate issued by a veterinarian licensed to practice in the State of Minnesota or whose license to practice is recognized by Mn-inesota Veterinary standards, showing that the animal has been currently vaccinated against rabies. 915.13. License Ta s. Subdivision 1. Issuance of Tag; Content, Registry. The City shall provide and furnish for each licensed dog or cat a metallic tag upon which there shall be stamped or engraved the register number of the dog or cat, the words "Plymouth" and "Minnesota" and the year when licensed. The City shall keep a registry of the dogs and cats so licensed and said registry shall contain the name and address and phone number of the Owner, a description of the dog or cat, and the number of the license, and any microchip number or registered tattoo when applicable. Subd. 2. Replacement of Lost Tags; Procedure, Fee. If any license tag is lost or stolen, the Owner may obtain a new tag by surrendering the receipt for the first tag or by other proof of the fact that the dog or cat has been previously licensed and by paying the fee provided in Chapter X. Subd. 3. Use of Tag and Collar. Except for those exempted in Subd. 4., every Owner shall place and keep around the neck of the dog or cat a collar on which the current license shall be securely fixed. Subd. 4. Animals Exempt from Wearing License Ta . Any dog or cat having an identifying tattoo or microchip implant registered with the City is exempt from the requirement of wearing a license tag. Subd. 5. Counterfeiting the Tags Prohibited. No person shall counterfeit any such license tag or use a counterfeit tag. Subd. 6. Replacement Animal. If a City licensed dog or cat dies within the license period and a new dog or cat is secured by the owner to replace the previous animal, the license for the deceased animal may be transferred to the replacement animal upon payment of a transfer fee as specified in Chapter X. Plymouth City Code 915.13, Subd. 7 Subd. 7. Change in Ownership. If there is a change in ownership of a City licensed animal, the new owner must apply for a license within thirty (30) days and pay the fee charged for a new license. Subd. S. Reciprocity. Upon proof of current rabies vaccination, a dog or cat owner who has a valid and current license from another city within the State of Minnesota may secure a Plymouth license by surrendering the other license and paying a transfer fee as specified in Chapter X. 915.15. Abandonment. It is unlawful for any person to abandon a dog or other Animal within the City. 915.17. Dogs and Cats Prohibited from Running at Large. Subdivision 1. General Rule. No owner of a dog shall permit it to be At Large within the City. Every Owner of a dog or cat shall keep it Under Restraint at all times. An exception to this requirement is dogs are allowed within a body of water for training and/or exercise purposes as long as they are not within 300 feet of any public swimming area and are not found to be creating a nuisance as defined in this ordinance and dogs in an off -leash dog park operated by the City. (Ord. 2003-11, 05/13/2003) Subd. 2. Exemption. Cats who are outdoor cats within the city at the time of adoption of this ordinance may be exempt from this section of the ordinance for the lifetime of the animal by meeting the following requirements. The owner must register the cat by December 31, 1998, the cat is required to be spayed/neutered, and the owners must agree to be responsible for any damage to property done by the cat and work with victim and police to ensure solution to the problem being created. Subd. 3. Exemption. If a cat is unable to be trained to be indoors and the only other option for the cat is euthanasia and the owner produces documentation from a certified veterinarian proving such, the cat may be allowed outdoors. In this circumstance the cat is required to be spayed/neutered, and the owners must agree to be responsible for any damage done to property by the cat and work with the victim and police to ensure solution to any problem being created. Orel. 98-43, 12/16/98) 915.19. Public Nuisances,• Abatement of Nuisance-, Notice of Violation. No Owner shall permit his or her Animal to damage or foul any lawn, garden or other property. An Owner shall have the responsibility of cleaning up any feces of the Animal and to dispose of such feces in a sanitary manner. The City has the authority to impotuid any animal creating such a nuisance. Any owner or any individual walking an Animal off their own property must carry means to dispose of feces. Lack of such means is prima facie evidence of intent to violate this section of the ordinance. (Ord. 98-40, 11 /18/98) 915.21. Animal Limits. Subdivision 1. No person shall own, harbor, keep or have custody of more than four dogs and cats in combination, no more than two of which may be dogs over six months old on their property without having first secured a Multiple Animal License as required herein, except individuals involved in any animal—related business. Individuals Plymouth City Code 915.21, Subd. 1 involved in the business of selling, boarding, breeding, treating, or grooming animals must receive a Kennel License. Animals which have been specially trained and certified to perform certain tasks such as for handicapped, police K9s, search and rescue, and other designated working animals are not counted in this requirement, nor are animals that are part of any registered foster parent program. Subd. 2. Duration of Multiple Animal Licenses. Multiple animal licenses shall be issued on an annual basis and shall be made for the whole or unexpired portion of the year ending on December 31 next following the effective date of the license. Subd. 3. Multiple Animal License Fees. The license fees for multiple animal licenses shall be as provided in Chapter X. Subd, 4. Late—License Penalty Fee. If the multiple animal license is obtained after an animal has been impounded then there shall be a penalty fee added to the regular license fee equal to the regular license amount. This fee shall be paid in addition to any animal licensing, impounding or boarding fees which shall be required prior to release of the animal. Subd. 5. Multiple Animal License. Individuals must ?Hake application for a multiple animal license on forms provided by the City and submitted to the Police Department. A license issued or to be issued by the City may be denied for any of the following reasons: Ord. 2001-08, 0212712001) a) Fraud, misrepresentation, or incorrect statement contained in the application. b) Conviction of any crime, or misdemeanor, pertaining to the keeping or care of animals. C) Failure to submit or pass an annual inspection of the premises to ensure the health, safety and welfare of the animals under the applicant's care as well as the public in general. Subd. 6. Issuance of Multiple Animal License. Licenses will be administratively approved. In the event of denial, a grievance process is established within the City. First appeal shall be reviewed by the Chief of Police and final appeal shall be reviewed by the City Council. Applications that are denied will be advised of the entire appeal process available to them at the time of denial and the reason for denial. The application process shall e as follows: a) Requests for licenses shall be filed with the Police Department on an official application fonrn provided by the City. Such application shall be accompanied by a fee as set forth in the City Code. The application fee shall also cover the costs of individual licenses for the first four (4) animals. (Ord. 2001-08, 02127/2001) b) Applications for licenses shall be approved or denied within thirty (30) days from the date of its official and complete submission unless a time waiver is granted by the applicant. Plymouth City Code 915.21, Subd. 6(c) C) The designated staff person shall conduct a background check on the applicant(s) to determine whether there have been any convictions for any animal -related offenses by the applicant(s). d) The City shall conduct an inspection of the premises to ensure the health, safety, and welfare of the animals under the applicant's care as well as the public in general. The inspector shall ensure the animals are receiving proper food, water, exercise, and overall care by using State Statute 346.39 as a guideline. e) Unless the applicant(s) has not met one or more of the previous listed criteria, the license shall be granted. Ord. 98-43, 12/16/98) Subd. 7. Kennel License. No person shall conduct any business of selling, boarding, breeding, treating, or grooming animals without obtaining a kennel license. Kennel licenses shall be issued on an annual basis and shall be made for the whole or unexpired portion of the year ending on December 31 next following the effective date of the license. The fee for the kennel license shall be as provided in Chapter X. 915.23. Animal Bites. Subdivision 1. Notice. Whenever any person owning, possessing or harboring any dog or other Animal within the City shall learn that such Animal has bitten any human being, such person shall immediately notify an animal control officer or licensed peace officer with the City of Plymouth. Subd. 2. Animal Bites. a) Impoundment. Whenever an animal control officer learns that any human being has been bitten by a dog or other Animal in the City, they shall ascertain the identity of such animal and the person owning, possessing or harboring it, and shall immediately direct such person to forthwith impound such Animal for a period of ten days after the bite occurred as herein required. Said officer may seek whatever legal process is necessary to enter private property to carry out this directive. The animal shall be impounded for the quarantine period with evaluation of the rabies vaccination history of the animal taken into account. The officer may allow the animal to be quarantined at home if the aminal has been cul eptly vaccinated against rabies and the owners agree to quarantine requirements. The officer may also allow the animal to be quarantined at any licensed veterinary facility with a report on the animal's health to the City at the end of the quarantine. The officer may also determine to quarantine the aniinal at the City's official pound facility. b) Dogs, Cats, and Ferrets. If a dog, cat, or ferret has bitten a human being while on the premises of its Owner and said animal is currently licensed (if required) and vaccinated against rabies infection, the Animal Control Officer may permit the animal to be impounded upon the premises of its Owner provided that it is kept apart from members of the general public during such impoundment period. If Plymouth City Code 915.23, Subd. 2(b) the aminal is not currently vaccinated against rabies, does not reside within the City, or the bite took place off the owner's property, the Animal Control Officer may require the animal to be impounded at the City's authorized pound or at a licensed veterinary facility with a report back at the end of quarantine. c) Fees. The impoundment fee for any Animal that is impounded in the City pound a second time for biting a human being shall be double the regular impoundment fee provided elsewhere in this Code. The Animal Control Officer shall order and direct the transport of such Animal to the City pound. Any Animal so impounded shall be kept continuously so confined for a period of ten days after the day the animal bit a human being. Subd. 3. Rabies; Inspection. It shall be the duty of the Animal Control Officer to insure that every animal that has bitten a human being is inspected from time to time during its period of confinement to determine whether such Animal is infected with rabies. For this purpose, the Animal Control Officer shall have access at all reasonable hours to the premises where such Animal is kept. The period of confinement for such Animal shall be torminated only upon the express authorization of the Animal Control Officer following inspection and the completion of ten—day confinement period. 915.25. Potentially Dangerous or Dangerous Declarations. All cases involving bites or any other cases involving behavior considered to be potentially dangerous or dangerous by the Animal Control Officer will be reviewed by the Designated Hearing Officer for the City. Subd. 1. Determination of Potentially Dangerous. After review of cases involving bites or other behaviors, the officer shall determine that a dog is Potentially Dangerous, if the officer believes, based upon the officer's professional judgment that a dog has: a) When unprovoked, inflicted bites on a hurnan being or domestic animal on public or private property; or b) When unprovoked, chased or approached a person, including a person on a bicycle, upon the streets, sidewalks or any private property, other than the dog owner's property, in an apparent attitude of attack; or c) A known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or omestrc amma s. Subd. 2. Notice of Potentially Dangerous Do , Upon a determination that a dog is potentially dangerous pursuant to Mimlesota Statutes, Section 347.50, subdivision 3, and this Chapter, the City shall provide a Notice of Potentially Dangerous Dog to the owner of such dog by personally serving the owner or a person of suitable age at the residence of such owner. The notice shall describe the dog deemed to be potentially dangerous and shall give the owner the potential restrictions under the order and their rights to a hearing on the matter. Plymouth City Code 915.25, Subd. 3 Subd. 3. Determination of Dangerous Dog. After review of all information presented, the officer shall determine that a dog is a Dangerous Dog if the officer believes, based on the officer's professional judgment, that the dog has: a) Without provocation, inflicted substantial bodily harm on a human being on public or private property; or b) Killed a domestic animal without provocation while off the owner's property; or c) Been determined to be a potentially dangerous dog, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. Subd. 4. Exemption. Dogs may not be declared dangerous if the threat, injury, or damage was sustained by a person; a) Who was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the dog; or b) Who was provoking, tonnenting, abusing, or assaulting the dog or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog; or c) Who was committing or attempting to commit a crime at the time. Subd. 5. Notice of Dangerous Dog. Upon a determination that a dog is dangerous pursuant to Minnesota Statutes, Section 347.50, subdivision 2, and this Chapter, the City shall provide a Notice of Dangerous Dog to the owner of such dog by personally serving the owner or a person of suitable age at the residence of such owner. The notice shall describe the dog deemed to be dangerous. The notice shall also inform the owner of the right to appeal the determination by requesting a hearing within fourteen (14) days after receipt of the notice. Iininediately upon receipt of the notice, the owner shall confine the dog in a proper enclosure or shall muzzle the dog whenever outside. If no timely appeal is received by the City, the owner of the dangerous dog shall comply with the requirements set forth in Minnesota Statutes, including but not limited to the registration of the dangerous dog with the County Auditor. The Hearing Officer shall make such order as the officer deems proper including, but not limited to, destruction of the Animal, if consistent with state and federal law, transfer of the Animal to a zoo or other facility, and reimbursement by the Owner of the reasonable costs of temporary impoundment and transportation of the Animal. After the Owner of an Animal is given notice and an opportunity for a hearing as provided in this subsection, the Police Chief is authorized to order the destruction or disposition of any Animal which is determined to be a Dangerous Animal. The Police Chief may order the Animal Control Officer to take the Animal into custody for destruction in which case the Owner shall immediately make the Animal available to the animal control officer. (Ord. 20.01-08, 02/2712001) Plymouth City Code 915.25, Subd. 6 Subd, 6. Hearin. If the. owner timely appeals the determination of a potentially dangerous or dangerous dog, a hearing shall be scheduled as soon as possible for the owner and hearing officer's schedules. The hearing officer shall receive evidence whether the dog should be declared potentially dangerous or dangerous. The Minnesota Rules of Evidence need not be strictly followed, and the records of the Animal Control Officer or licensed peace officer shall be considered without further foundation. After considering all evidence submitted, the Hearing Officer shall make written findings of fact and reach a conclusion whether the dog is a potentially dangerous dog or dangerous dog pursuant to Minnesota Statutes 347.50 and this Chapter. The findings and conclusions shall be made within ten (10) working days after the hearing and shall be personally served upon the owner or a person of suitable age at the residence of such owner. The decision of the Hearing Officer shall be final, but is appealable to a court of law. Subd. 7. Regulation of Dangerous Doffs. The Owner of any dog determined to be Dangerous after given opportunity for a hearing provided above shall be required to abide by the following regulations. The dog shall be registered with the County as provided in Minnesota Statute 347.51; and the owner shall secure the proper liability insurance or surety coverage as required under Section 347.5 1, subd. 2; and the Owner shall keep the dog in a proper enclosure, or if the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person. The muzzle must be made in a manner that will prevent the dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration. Subd. S. Dangerous Animal at Large. A Dangerous Animal running at large shall be apprehended by the animal control officer or any licensed peace officer and if the Animal bears no identification which reasonably reveals its ownership, the officer shall impound the Animal until the quarantine period is completed. If the Animal has not been claimed, it shall be destroyed at the end of the quarantine period. If the Animal is claimed, upon payment of kennel fees, it shall be released to the person paying such fees, and the process shall proceed as in Subdivision 3, 915.27. Trapping. Subdivision 1. Definitions. For purposes of this Subsection, the term Trap" means any mechanical device, snare, artificial light, net, bird line, ferret, hawk, vehicle or contrivance used to trap, catch, snare, kill or otherwise restrain the free movement of any non- domestic animals, wildlife or birds; and the term "trapping" means the setting, laying or otherwise using a trap to catch, trap, snare, kill or otherwise restrain the free movement of non- omestic animals, wildlife or birds. Subd. 2. Trapping Prohibited, All Trapping in the City is prohibited except: a.) On private property when the owner of such private property has expressly consented to allow Trapping thereon; and b.) Upon the issuance by the Police Chief of a permit therefore after a showing that such Trapping is necessary to eliminate a nuisance. (Ord. 2001-08, 0212 712001) Plymouth City Code 915.27, Subd, 3 Subd. 3. Exceptions, The provisions of this section 915.27 do not apply: a) To persons who employ a Live Trap on their private property to prevent an unsafe condition, or the waste or destruction of their property, when such persons have complied with applicable state laws; b) To governmental officers who may in the course of their duties be required to use a Trap to catch, trap, snare, kill or otherwise restrain the free movement of any animal, wildlife or birds for humane or other authorized purposes; and c) To teachers for school programs or to scientists intending to identify animals, wildlife or birds and then return them to their natural environment. Subd. 4. Prohibition of Steel Jaw Leg—Hold-Traps. No person shall set or use a steel jaw leg—hold or killer trap within the corporate limits of the City unless specifically authorized to do so by a governmental agency on that government's property. 915.29. Wild Animals Prohibited. Subdivision 1. No person shall keep or allow to be kept anyplace in the City a Wild Animal, unless with an administrative permit as part of a bona fide institutional program as allowed in Section 21170.01, Subd. 4 of the City's zoning ordinance. Any Animal Control officer or licensed peace officer shall be empowered to immediately impound any Wild Animal found within the City, and to seek whatever legal process is necessary to enter private property to carry out this directive. It is not a defense to allege that the Animal has been tamed or born and/or raised in captivity. Animals which are considered exotic or non -indigenous, although not in the definition of a wild animal as found in this ordinance and which have been found to create a nuisance as noted in this Chapter or by allowing such animal to run at -large off the owner's property cannot be kept as pets within the City. Subd. 2. Notice and Hearing. The same notice and hearing provisions set forth in Subsection 915.25, Subd. 2 and Subd. 5 shall apply with respect to the issue of whether an Animal is "wild". The Police Chief shall make whatever order as he/she deems proper including, but not limited to, destruction of the Animal, if consistent with state and federal law, transfer of the Animal to a zoo or other facility, and reimbursement by the owner of the reasonable costs of temporary impoundment and transportation of the Animal. Ord. 2001-08, 02/27/2001) 915.31. In the event that the provisions of Section 915 of the City Code provide inadequate protection for human life or property, the Police Chief shall be authorized to seek court order(s) requiring immediate seizure, impoundment, destruction, or testing of an Animal, or other relief as required in the interests of public health and safety. Ord 2001-08, 02/27/2001) APPLICATION FOR MULTIPLE ANIMAL LICENSE Applicant Information: Name: Address: City, State, Zip: Phone: E-mail: ATTACHMENT E Plymouth City Ordinance 915.2 1, subdivision 1, states in part that "No person shall own, harbor, keep, or have custody of more than four dogs and cats in combination, no more than two of which may be dogs over six months old on their property without having first secured a Multiple Animal License required herein, ..." A copy of City Ordinance 915.21 is attached for your information and review. Chapter X sets the fee for kennel licenses at $35 per year, prorated monthly for parts of a year. I, hereby, make application for a multiple animal license. This request is to allow dogs and cats for a total of animals at this location. Please list any convictions for any animal --related offenses: (use additional sheets if necessary) I understand that by my application, I authorize the Plymouth Police Department to conduct a background check to verify whether I have any convictions for any animal - related offenses and I authorize an inspection of the premises to ensure the health, safety, and welfare of the animals, and compliance with State Statute 340.39. Date Signature of Applicant Mail completed application to: CSO Supervisor - Multiple Animal License Plymouth Police Department 3400 Plymouth Boulevard Plymouth, MN 55447-1482 ATTACHMENT F MULTIPLE ANIMAL LICENSE INSPECTION CHECK -OFF Acceptable Description Records check for animal-reiated convictions Owner/address Food -- must be provided with food in sufficient quantity and quality to allow for normal growth or the maintenance of body weight — check to see if animals appear to be of normal weight Water — animals must be provided with clean, potable water in sufficient quantity to satisfy the animal's needs or supplied by free choice. Snow or ice do not qualify as adequate source. Shelter size -- any confinement area must provide sufficient space to allow each animal to turn about freely and to easily stand, sit, and lie in a normal position. (measured from tip of its nose to the base of its tail plus 25 percent in square feet). A shaded area must be provided sufficient to protect the animal from the direct rays of the sun at all times from May to October if kept outside. Exercise — must be provided the opportunity for periodic exercise, unless exercise restricted by a veterinarian. Temperature — confinement areas must be maintained at a temperature suitable for the animal involved. Ventilation — an indoor confinement area must be ventilated. Drafts, odors, and moisture condensation must be minimized. Auxiliary ventilation such as exhaust fans, vents, and air conditioning, must be used when the ambient temperature rises to a level that may endanger the health of the animal. Lighting — an indoor confinement area must have at least eight hours of illumination sufficient to permit routine inspection and cleaning. Surfaces — interior surfaces of confinement and exercise areas, including crates or containers, must be constructed and maintained so that they are substantially impervious to moisture and may be readily cleaned. They must protect the animal from injury and be kept in good repair. Drainage — a suitable method must be used to rapidly eliminate excess fluids from confinement areas. Sanitation — food and water receptacles must be accessible to each animal and located so as to minimize contamination by excreta. Feeding and water receptacles must be kept clean. Disposable food receptacles must be discarded when soiled. Sanitation — measures must be taken to protect animals from being contaminated with water, wastes, and harmful chemicals. Wastes must be disposed of properly. Flushing methods and a disinfectant must be used periodically. Bedding must be kept clean and dry. Outdoor enclosures must be kept clean and base material replaced as necessary. ANIMAL ORDINANCE {QUESTIONNAIRE RESULTS TOTAL NUMBER SENT OUT 26,057 RESPONSES MAIL/ DROP FAX E-MAIL PHONE TOTAL PERCENT OFF 1,234 194 37 29 1,494 5.73% 1. The City of Plymouth currently limits the number of dogs in a residence to two. Do you believe this number needs to be changed? Yes 453 No 1,033 (no, as long as special permit for more -2 30.32% 69.14% 2. If you would like the number changed, what do you believe is the correct number? 0,07% 7.50% 3.55% 0.47% 2 41% 0 1 1 3 112 4 53 6 7 unitd 36L--1 214 1 3 to 4 10 5 4 10 1 special 9 specials: 14.32% 0.67% 0.27% 0.071/10 0.60% 2 large, 3 small 2 large, 3 to 4 small 4 inside MUSA, 6 outside MUSA should depend on size of yard and/cr size of pet (5) 2 for regular lots, lots of more than 5 acres can have more Page 1 Updated: 12/11/2007 3. The City of Plymouth currentiy has no limit on the number of cats in a residence. Do you believe there should be? Yes 1,244 No 220 83.27% 14.73% 4. If so, what do you believe this number should be? 0.47% 45 98% o Rflo/ 0.07% 1.00% 1 special 150726873to4125218 1 183 3 198 4 107 6 20 10 5 l Z.ZO /D "I J.2 n% l.1 b /o 1.34% specials: specials continued: under 10 3 to 5 2 unless over 5 acres 4 to 5** 4 inside MUSA, 6 outside MUSA 2 to 3** depends on owner 1 to 2*** 0 if allowed to roam, 1 if not size of pet & house 5. Would you prefer that any Iimit to the number of pets be a combed number of dogs and cats or should they be separate? Combined 621 Separate 802 41.57% 53.68% Total 1 20 Total 90 Total 3 14 Total 9 Total 5 1 0.33% Page 2 Updated: 12/11/2007 6. Do you believe there should be a license (similar to a conditional use permit) available in residential areas for larger numbers of animals under certain circumstances? Yes 941 No 497 62.99% 33.27% 7. If yes, what controls would you like to see in place for these special licenses, i.e., inspections, limit to number of complaints within a year, etc. Inspections 560 annual -33) (twice a yr*l c) (1/mo) (every 3 mo*) (every other yr"*) (if comp)**) (bi-mo) limit to number of complaints 454 4/yr***) (2 or 3*) (2*9) (3*8) (1 justifiable**) (none—) (3/yr-diff people*) size of property 22 sq yard minimum per animal cleanliness (smell, etc) sanitation 20 also in other people's yards agreement in adv of all neighbors Min 1 blk 20 limited to breeders 19 to allow for puppies/kittens to be sold temporary permit 16 time limit) proof of good health and shots 14 by veterinarian annoyance to neighbors (noise) 12 limit to special uses, such as handicapped 9 seeing -eye" for blind, etc dog trainers/raisers require fenced yard and/or kennels 8 proximity of neighbors 6 especially townhouses - not in heavily populated area type of animal - size 5 costs pd by fees not taxes 5 a set of regulations to govern 5 strictly enforced common sense 3 not in residential area 3 rural or farm only registration 2 further study/compare to other cities 2 special licenses to breed 2 licensed 2 strict controls 2 type of containment for animals 2 special circumstances 2 review reasons for having animals 2 should be upper limit 2 require spayed 1 get IID implant 1 require IID tag 1 general monitoring 1 further rules if breeding for profit 1 safety of all residents 1 Page 3 Updated: 12/11/2007 type of facility operation of a kennel proper space for animals only for new litters condition of yard location of property no big animals or large dogs allowed special uses like kennel, breeder, show whatever else is logical standard conditions screening app include promise of care & no prob written update of basis for permit no biting incidents get guidelines from Humane Society if violation found after complaint business use only, i.e. vet, kennel same as special iicenses impound unleashed w/fine for release too much city expense to police proceeds used for Animal Humane Society test period no government control should be hard to get require spay/neuter unless cert breeder animal knowledge of primary caregiver Humane Society inspections only 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 very large fines Page 4 Updated: 12/11/2007 S. Currently, Plymouth restricts dogs from being allowed to run at large off the owner's property. De you believe cats should be included in this provision? Yes 1,158 No 357 77.51 % 23.90% 9. Currently, the City of Plymouth ordinance only requires licensing of dogs. Do you believe there should be provision for: a) licensing cats b) registering cats either license or register c) leave ordinance as it is only if not spayed, then register chip option 743 49.73% 182 12.18% 92 6.16% 428 28.65% 1 2 10. Would you be interested in attending a public meeting on the animal control ordinance and petentiai changes in it? Yes 475 No 1,296 Maybe 33 31.79% 86.75% 2.21% 7V 2 Page 5 Updated: 12/11/2007 Plymouth City Code 915.01 Section 915 - Animal Control 915.01. Definitions. Subdivision 1. For purposes of this Section, the terms defined herein have the meanings given them. Subd. 2. "Owner" means any person owning, keeping, harboring or having custody of a dog or other animal within the City. Subd. 3. "Public nuisance animal" means any animal to which any of the following conditions apply: 1) Animals that are found on any property against the wishes of the owner of the property; 2) An animal that damages the property of anyone other than its owner; 3) Animals that are dangerous animals; 4) Animals that cause unsanitary conditions of enclosures or surroundings as determined by the county health officer; 5) Animals that are diseased animals dangerous to human health; 6) Animals that bark excessively or make prolonged and disturbing noises interfering with the peace and quietude of the neighboring property; or 7) Animals that have been determined to be strays. Subd. 4. "Stray" (used as a noun) .tneans any unlicensed and unattended animal which appears to not have an owner. Subd. 5 "Unprovoked" means that the victim who has been conducting himself or herself peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by a dog. Subd. 6. "Unreasonably disturb the peace and quiet" shall mean generally, but is not limited to, the creation of any noise by any Animal which can be heard by any person, including a law enforcement officer or animal control officer, from a location outside of the building or premises where the Animal is being kept and which animal noise occurs repeatedly over at least a five—minute period of time with one minute or less lapse of time between each animal noise during the five—minute period. 915.03. Duty of Animal Owners to be Responsible Owners. It shall be the duty of every owner of any animal, or anyone having any animal in his or her possession or custody, to exercise reasonable care and to take all necessary steps and precautions to protect other people, property, and animals from injuries or damage which might result from his or her animal's behavior, regardless of whether such behavior is motivated by mischievousness, playfulness, or ferocity. In the event that the owner or keeper of any animal is a minor, the parent or guardian of such minor shall be responsible to ensure that all provisions of this article are complied with. Plymouth City Code 915.05 915.05. Enforcement Procedures. The City shall designate animal control officers and/or licensed peace officers for the purpose of enforcing the provisions of this Chapter and State Law. Any person may call or deliver a complaint to an animal control officer, or a licensed peace officer stating the facts and circumstances of an alleged violation of this chapter. The officer may investigate such complaint. If a violation occurs in the presence of the officer, a citation may be issued. If a violation did not occur in the presence of the officer but probable cause of a violation exists, all reports, witness statements, and evidence may be submitted to the Plymouth City Attorney's office for a determination of whether a formal complaint should be issued. The officer may also issue a notice of the violation to the owner of the animal. Such notice of violation shall state the date and time of the issuance of the notice, the name and address of the person in violation, the date of the offense, the offense committed, a description of the animal involved, and a demand that the offense be abated within 48 hours after the issuance of the notice. If the person fails to abate the offense, then the officer may issue a citation to the person. The animal involved may also be subject to impoundment. No person shall interfere with, hinder, or molest a City animal control officer or licensed peace officer enforcing this Chapter or State Law. No person shall seek to release any animal in the custody of a City animal control officer or licensed peace officer except as herein provided. 915.07. Animal Pound. Subdivision 1. Animal Pound Authorized. The Council may provide for a City animal pound, either within or outside the limits of the City.- Subd. 2. Enforcement. It shall be the duty of the Police Chief together with the person or persons designated by the City as Animal Control Officers to enforce the provisions of this Section and to transport or cause to be transported to the City Pound any or all dogs or other animals kept within the City contrary to the provisions of this Section. The Animal Control Officer is authorized to issue tags and sign complaints against any person for violation of the provisions of this Section. (Ord. 2001--08, 02/2712001) Subd. 3. Animals Subject to Itnpoundsnent. 1) Any unrestrained or unlicensed animal required to be restrained or licensed by this Chapter may be impounded. 2) Any animal meeting the definition of a public nuisance animal as defined in this Chapter may be impounded. 3) Any animal involved in a biting incident may be impounded as outlined in Section 915.23. 4) _ Any animal which has been declared either Potentially Dangerous or Dangerous pursuant to this Chapter or State Law and has violated any of the restrictions placed upon the animal. Plymouth City Code 915.07, Subd. 3(5) 5) Any animal found to be not properly sheltered from cold, hot or inclement weather, not properly fed or watered, or provided with suitable food and drink in circumstances that threaten the life of the animal in accordance with Minnesota Statute 343.29 , subd. (1). Subd. 4. Redemption of Im ounded Animals. Any animal so impounded shall be kept for at least five days, or at least ten days in the case of quarantine or animal impounded under Minnesota Statute 343.29, subd. (1), unless sooner reclaimed by the Owner thereof The Owner of any impounded animal may reclaim the same by paying the impounding fee prescribed in Chapter X plus the cost of the keep of such animal in said pound and any penalties due and payable and upon exhibiting proof of license, if the animal is required to have a license under this Chapter. Subd. 5. Disposing of Unclaimed Animals. Any animal not reclaimed within five days after being impounded may be disposed of by the pound keeper, provided that such animal has not bitten or been suspected of biting any person. Under Minnesota Statute 35.71, subd. (3), at the end of the five—day period, all animals which remain unredeemed must be made available to any licensed institution which has requested that number of animals. Subd. 6. Accounting by Pound Keeper. The pound keeper shall keep an accurate account of all aninnals received at the pournd and of all animals killed, released or disposed of therefrom, and shall make a monthly accounting thereof to the City. All records required by Minnesota Statute 35.71 shall be kept by the pound keeper. 915.09. Vaccination Requirements. Every dog, cat, or ferret over six months of age, kept as a pet shall be vaccinated against rabies. Because of techniques and tolerances, species limitations, and public health implications, animal rabies vaccines shall be administered only by or under the supervision of a veterinarian. Any animal for a species for which no rabies vaccination is licensed for that species by the United States Department of Agriculture shall be considered unvaccinated for rabies, regardless of that animal's vaccination History. However, no dog or cat need be vaccinated when a licensed veterinarian has examined the animal and certified that, at such time, vaccination would endanger its health because of its age, infirmity, debility, illness, or other medical consideration; and such exception certificate is presented to the animal control officer within five days of such examination. The anunal shall be vaccinated against rabies as soon as its health and age pennit Unvaccinated animals must be confined to the owner's property or a veterinary facility. 915.11. Licenses. Subdivision 1. License Required. No person shall own, harbor, keep or have custody of any dog or cat over six months of age within the City, unless a current license for the dog or cat has been obtained and the tag affixed as provided in 915.13 or unless the animal is exempt from wearing a tag pursuant to 915.13, subd. 4. Subd. 2. Duration of License. Licenses shall be issued for the period of time concurrent with the rabies vaccination and shall expire with said vaccination. Plymouth City Code 995.91, Subd. 3 Subd. 3. License Fees; Amount. The license fee for each dog or cat shall be as provided in Chapter X. Cats that are declared "indoor only" cats by their owner at the time of licensing will receive their license at no charge. However, if the cat is later impounded by the City, the owner will be required to pay all previously waived license fees retroactively and the cat will no longer be considered an "indoor only" cat for future licensing. (Ord. 98-4, 12116/98) Subd. 4. Late—License Penalty Fee,. If the license is obtained while the dog or cat is impounded by the City, there shall be added to the regular license fee a late—license penalty as specified in Chapter X. Subd. 5. Issuance of Licenses; Veterinarian's Certificate to Accompany Application. All licenses shall be issued by the designated City personnel, and applications therefor shall be accompanied by a certificate issued by a veterinarian licensed to practice in the State of Minnesota or whose license to practice is recognized by Minnesota Veterinary standards, showing that the animal has been currently vaccinated against rabies. 915.13. License Tags. Subdivision 1. Issuance of Tag; Content; Registry. The City shall provide and furnish for each licensed dog or cat a metallic tag upon which there shall be stamped or engraved the register nurnber of the dog or cat, the words "Plymouth" and "Mimlcsota" and the year when licensed. The City shall keep a registry of the dogs and cats so licensed and said registry shall contain the name and address and phone number of the Owner, a description of the dog or cat, and the number of the license, and any microchip number or registered tattoo when applicable. Subd, 2. Replacement_ of Lost Tags; Procedure; Fee. If any license tag is lost or stolen, the Owner may obtain a new tag by surrendering the receipt for the first tag or by other proof of the fact that the dog or cat has been previously licensed and by paying the fee provided in Chapter X. Subd. 3. Use of Tag and Collar. Except for those exempted in Subd. 4., every Owner shall place and keep around the neck of the dog or cat a collar on which the current license shall be securely fixed. Subd. 4. Animals Exempt from Wearing License Tag. Any dog or cat having an identifying tattoo or microchip implant registered with the City is exempt from the requirement of wearing a license tag. Subd. 5. Counterfeiting the Tags Prohibited. No person shall counterfeit any such license tag or use a counterfeit tag. Subd. G. Replacement Animal. If a City licensed dog or cat dies within the license period and a new clog or cat is secured by the owner to replace the previous animal, the license for the deceased aiimal may be transferred to the replacement animal upon payment of a transfer fee as specified in Chapter X. Plymouth City Code 915.13, Subd. 7 Subd. 7. Chan)ze in Ownership. If there is a change in ownership of a City licensed animal, the new owner must apply for a license within thirty (30) days and pay the fee charged for a new license. Subd. 8. Reciprocity. Upon proof of current rabies vaccination, a dog or cat owner who has a valid and current license from another city within the State of Minnesota may secure a Plymouth license by surrendering the other license and paying a transfer fee as specified in Chapter X. 915.15. Abandonment. It is unlawful for any person to abandon a dog or other Animal within the City. 915.17_ Dogs and Cats Prohibited from Running at Large. Subdivision 1. General Rule. No owner of a dog shall permit it to be At Large within the City. Every Owner of a dog or cat shall keep it Under Restraint at all times. An exception to this requirement is dogs are allowed within a body of water for training and/or exercise purposes as long as they are not within 300 feet of any public swimming area and are not found to be creating a nuisance as defined in this ordinance and dogs in an off -leash dog park operated by the City. (Ord. 2003-11, 05/13/2003) Subd. 2. Exemption. Cats who are outdoor cats within the city at the time of adoption of this ordinance may be exempt from this section of the ordinance for the lifetime of the animal by meeting the following requirements. The owner must register the cat by December 3.1, 1998, the cat is required to be spayed/rneutered, and the owners must agree to be responsible for any damage to property done by the cat and work with victim and police to ensure solution to the problem being created. Subd. 3. Exemption. If a cat is unable to be trained to be indoors and the only other option for the cat is euthanasia and the owner produces documentation from a certified veterinarian proving such, the cat may be allowed outdoors. In this circumstance the cat is required to be spayed/neutered, and the owners must agree to be responsible for any damage done to property by the cat and work with the victim and police to ensure solution to any problem being created. Orel 98-43, 12/.1 G/98) 915.19. Public Nuisances' Abatement of Nuisance' Notice of Violation. No Owner shall permit his or her Animal to damage or foul any lawn, garden or other property. An Owner shall have the responsibility of cleaning up any feces of the Animal and to dispose of such feces in a sanitary manner. The City has the authority to impound any animal creating such a nuisance. Any owner or any individual walking an Animal off their own property must carry means to dispose of feces. Lack of such means is prima facie evidence of intent to violate this section of the ordinance. (Ord. 98-40, 11/18/98) 915.21. Animal Limits. Subdivision 1. No person shall own, harbor, keep or have custody of more than four dogs and cats in combination, no more than two of which may be dogs over six months old on their property without having first secured a Multiple Animal License as required herein, except individuals involved in any aminal—related business. Individuals Plymouth City Code 91 5.21, Subd. 1 involved in the business of selling, boarding, breeding, treating, or grooming animals must receive a Kennel License. Animals which have been specially trained and certified to perform certain tasks such as for handicapped, police K -9s, search and rescue, and other designated working animals are not counted in this requirement, nor are animals that are part of any registered foster parent program. Subd. 2. Duration of Multiple Animal Licenses. Multiple animal licenses shall be issued on an annual basis and shall be made for the whole or unexpired portion of the year ending on December 31 next following the effective date of the license. Subd. 3. Multiple Animal License Fees. The license fees for multiple animal licenses shall be as provided in Chapter X. Subd. 4. Late—License Penalty Fee. If the multiple animal license is obtained after an animal has been impounded then there shall be a penalty fee added to the regular license fee equal to the regular license amount. This fee shall be paid in addition to any animal licensing, impounding or boarding fees which shall be required prior to release of the animal. Subd. 5. Multiple Animal License. Individuals must make application for a multiple animal license on forms provided by the City and submitted to the Police Department. A license issued or to be issued by the City may be denied for any of the following reasons: Ord. 2001-08, 0212712001) a) Fraud, misrepresentation, or incorrect statement contained in the application. b) Conviction of any crime, or misdemeanor, pertaining to the beeping or care of animals. C) Failure to submit or pass an annual inspection of the premises to ensure the health, safety and welfare of the animals under the applicant's care as well as the public in general. Subd. 6. Issuance of Multiple Animal License. Licenses will be administratively approved. In the event of denial, a grievance process is established within the City. First appeal shall be reviewed by the Chief of Police and final appeal shall be reviewed by the City Council. Applications that are denied will be advised of the entire appeal process available to them at the time of denial and the reason for denial. The application process shall be as follows: a) Requests for licenses shall be filed with the Police Department on an official application form provided by the City. Such application shall be accompanied by a fee as set forth in the City Code. The application fee shall also cover the costs of individual licenses for the first four (4) animals. (Ord. 2001-08, 0212712001) b) Applications for licenses shall be approved or denied within thirty (30) days from the date of its official and complete submission unless a time waiver is granted by the applicant. Plymouth City Code 915.21, Subd. 6(c) C) The designated staff person shall conduct a background check on the applicant(s) to determine whether there have been any convictions for any animal -related offenses by the applicant(s). d) The City shall conduct an inspection of the premises to ensure the health, safety, and welfare of the animals under the applicant's care as well as the public in general. The inspector shall ensure the animals are receiving proper food, water, exercise, and overall care by using State Statute 346.39 as a guideline. C) Unless the applicant(s) has not met one or more of the previous listed criteria, the license shall be granted. Ord. 98-43, 12116198) Subd. 7. Kennel License. No person shall conduct any business of selling, boarding, breeding, treating, or grooming animals without obtaining a kennel license. Kennel licenses shall be issued on an annual basis and shall be made for the whole or unexpired portion of the year ending on December 31 next following the effective date of the license. The fee for the kennel license shall be as provided in Chapter X. 915.23. Animal Bites. Subdivision 1. Notice. Whenever any person owning, possessing or harboring any dog or other Animal within the City shall learn that such. Animal has bitten any human being, such person shall immediately notify an animal control officer or licensed peace officer with the City of Plymouth. Subd. 2. Animal Bites. a) Impoundment. Whenever an animal control officer learns that any human being has been bitten by a dog or other Animal in the City, they shall ascertain the identity of such animal and the person owning, possessing or harboring it, and shall immediately direct such person to forthwith impound such Animal for a period of ten days after the bite occurred as herein required. Said officer may seek whatever legal. process is necessary to enter private property to cavy out this directive. The animal shall be impounded for the quarantine period with evaluation of the rabies vaccination history of the animal taken into account. The officer may allow the animal to be quarantined at home if the aminal has been currently vaccinated against rabies and the owners agree to quarantine requirements. The officer may also allow the animal to be quarantined at any licensed veterinary facility with a report on the animal's health to the City at the end of the quarantine. The officer may also determine to quarantine the animal at the City's official pound facility. b) Dogs, Cats, and Ferrets. If a dog, cat, or ferret has bitten a human being while on the premises of its Owner and said animal is currently licensed (if required) and vaccinated against rabies infection, the Animal Control Officer may permit the animal to be impounded upon the premises of its Owner provided that it is kept apart from members of the general public during such impoundment period. If Plymouth City Code 915.23, Subd. 2(b) the animal is not currently vaccinated against rabies, does not reside within the City, or the bite took place off the owner's property, the Animal Control Officer may require the animal to be impounded at the City's authorized pound or at a licensed veterinary facility with a report back at the end of quarantine. c) Fees. The impoundment fee for any Animal that is impounded in the City pound a second time for biting a human being shall be double the regular impoundment fee provided elsewhere in this Code. The Animal Control Officer shall order and direct the transport of such Animal to the City pound. Any Animal so impounded shall be kept continuously so confined for a period of ten days after the day the animal bit a human being. Subd. 3. Rabies; Inspection. It shall be the duty of the Animal Control Officer to insure that every animal that has bitten a human being is inspected from time to time during its period of confinement to detennine whether such Animal is infected with rabies. For this purpose, the Animal Control Officer shall have access at all reasonable hours to the premises where such Animal is kept. The period of confinement for such Animal shall be terminated only upon the express authorization of the Animal Control Officer following inspection and the completion of ten—day confinement period. 915.25. Potentially Dangerous or Dangerous Declarations. All cases involving bites or any other cases involving behavior considered to be potentially dangerous or dangerous by the Animal Control Officer will be reviewed by the Designated Hearing Officer for the City. Subd. 1. Determination of Potentially Dangerous. After review of cases involving bites or other behaviors, the officer shall determine that a dog is Potentially Dangerous, if the officer believes, based upon the officer's professional judgment that a dog has: a) When unprovoked, inflicted bites on a human being or domestic animal on public or private property; or b) When unprovoked, chased or approached a person, including a person on a bicycle, upon the streets, sidewalks or any private property, other than the dog owner's property, in an apparent attitude of attack; or c) A known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. Subd. 2. Notice of Potentially Dangerous Dog. Upon a determination that a dog is potentially dangerous pursuant to Minnesota Statutes, Section 347.50, subdivision 3, and this Chapter, the City shall provide a Notice of Potentially Dangerous Dog to the owner of such dog by personally serving the owner or a person of suitable age at the residence of such owner. The notice shall describe the dog deemed to be potentially dangerous and shall give the owner the potential restrictions Linder the order and their rights to a hearing on the matter. Plymouth City Code 915.25, Subd. 3 Subd. 3. Determination of Dangerous Dog. After review of all information presented, the officer shall determine that a dog is a Dangerous Dog if the officer believes, based on the officer's professional judgment, that the dog has: a) Without provocation, inflicted substantial bodily harm on a human being on public or private property; or b) Killed a domestic animal without provocation while off the owner's property; or c) Been determined to be a potentially dangerous dog, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. Subd. 4. Exemption. Dogs may not be declared dangerous if the threat, injury, or damage was sustained by a person: a) Who was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the dog; or b) Who was provoking, tormenting, abusing, or assaulting the dog or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog; or c) Who was committing or attempting to commit a crime at the time. Subd. 5. Notice of Dangerous Dog. Upon a determination that a dog is dangerous pursuant to Minnesota Statutes, Section 347.50, subdivision 2, and this Chapter, the City shall provide a Notice of Dangerous Dog to the owner of such dog by personally serving the owner or a person of suitable age at the residence of such owner. The notice shall describe the dog deemed to be dangerous. The notice shall also inform the owner of the right to appeal the determination by requesting a hearing within fourteen (14) days after receipt of the notice. Immediately upon receipt of the notice, the owner shall confine the dog in a proper enclosure or shall muzzle the dog whenever outside. If no timely appeal is received by the City, the owner of the dangerous dog shall comply with the requirements set forth in Minnesota Statutes, including but not limited to the registration of the dangerous dog with the County Auditor. The Hearing Officer shall make such order as the officer deems proper including, but not limited to, destruction of the Animal, if consistent with state and federal law, transfer of the Animal to a zoo or other facility, and reimbursement by the Owner of the reasonable costs of temporary impoundment and transportation of the Animal. After the Owner of an Animal is given notice and an opportunity for a hearing as provided in this subsection, the Police Chief is authorized to order the destruction or disposition of any Animal which is determined to be a Dangerous Animal. The Police Chief may order the Animal Control Officer to take the Animal into custody for destruction in which case the Owner shall immediately make the Animal available to the animal control officer. (Otrcl. 2001-08, 02127/2001) Plymouth City Code 915.25, Subd. 6 Subd. 6. _Hearing. If the owner timely appeals the determination of a potentially dangerous or dangerous dog, a hearing shall be scheduled as soon as possible for the owner and hearing officer's schedules. The hearing officer shall receive evidence whether the dog should be declared potentially dangerous or dangerous. The Minnesota Rules of Evidence need not be strictly followed, and the records of the Animal. Control Officer or licensed peace officer shall be considered without further foundation. After considering all evidence submitted, the Hearing Officer shall make written findings of fact and reach a conclusion whether the dog is a potentially dangerous dog or dangerous dog pursuant to Minnesota Statutes 347.50 and this Chapter. The findings and conclusions shall be made within ten (10) working days after the hearing and shall be personally served upon the owner or a person of suitable age at the residence of such owner. The decision of the Hearing Officer shall be final, but is appealable to a court of law. Subd. 7. Regulation of Dangerous Dogs. The Owner of any dog determined to be Dangerous after given opportunity for a hearing provided above shall be required to abide by the following regulations. The dog shall be registered with the County as provided in Minnesota Statute 347.51; and the owner shall secure the proper liability insurance or surety coverage as required under Section 347.51, subd. 2; and the Owner shall keep the dog in a proper enclosure, or if the dog is outside the proper enclosure, the dog must be ]muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person. The muzzle must be made in a manner that will prevent the dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration. Subd. 8. Dangerous Animal at Large. A Dangerous Animal running at large shall be apprehended by the animal control officer or any licensed peace officer and if the Animal bears no identification which reasonably reveals its ownership, the officer shall impound the Animal until the quarantine period is completed. If the Animal has not been claimed, it shall be destroyed at the end of the quarantine period. if the Animal is claimed, upon payment of kennel fees, it shall be released to the person paying such fees, and the process shall proceed as in Subdivision 3. 915.27. Trapping. Subdivision 1. Definitions. For purposes of this Subsection, the term Trap" means any mechanical device, snare, artificial light, net, bird line, ferret, hawk, vehicle or contrivance used to trap, catch, snare, kill or otherwise restrain the free movement of any non- domestic animals, wildlife or birds; and the term "trapping" means the setting, laying or otherwise using a trap to catch, trap, snare, kill or otherwise restrain the free movernent of non- domestic animals, wildlife or birds. Subd. 2. Trapping Prohibited. All Trapping in the City is prohibited except: a.) On private property when the owner of such private property has expressly consented to allow Trapping thereon; and b) Upon the issuance by the Police Chief of a permit therefore after a showing that such Trapping is necessary to eliminate a nuisance. (Ord. 2001-08, 0212712001) Plymouth City Code 915.27, Subd. 3 Subd. 3. Exceptions. The provisions of this section 915.27 do not apply: a) To persons who employ a Live Trap on their private property to prevent an unsafe condition, or the waste or destruction of their property, when such persons have complied with applicable state laws; b) To governmental officers who may in the course of their duties be required to use a Trap to catch, trap, snare, kill or otherwise restrain the free movement of any animal, wildlife or birds for humane or other authorized purposes; and c) To teachers for school programs or to scientists intending to identify animals, wildlife or birds and then return them to their natural environment. Subd. 4. Prohibition of Steel Jaw Leg—Hold Trans. No person shall set or use a steel jaw leg—hold or killer trap within the corporate limits of the City unless specifically authorized to do so by a governmental agency on that goverm-nent's property. 915.29. Wild Animals Prohibited. Subdivision 1. No person shall keep or allow to be kept anyplace in the City a Wild Animal, unless with an administrative permit as part of a bona fide institutional program as allowed in Section 21170.01, Subd. 4 of the City's zoning ordinance. Any Animal Control officer or licensed peace officer shall be empowered to immediately impound any Wild Animal found within the City, and to seek whatever legal process is necessary to enter private property to carry out this directive. It is not a defense to allege that the Animal has been tanned or born and/or raised in captivity. Animals which are considered exotic or non -indigenous, although not in the definition of a wild animal as found in this ordinance and which have been found to create a nuisance as noted in this Chapter or by allowing such animal to ima at -large off the owner's property camiot be kept as pets within the City. Subd. 2. Notice and Hearing. The same notice and hearing provisions set forth in Subsection 915.25, Subd. 2 and Subd. 5 shall apply with respect to the issue of whether an Animal is "wild". The Police Chief shall make whatever order as he/she deems proper including, but not limited to, destruction of the Animal, if consistent with state and federal law, transfer of the Animal to a zoo or other facility, and reimbursement by the owner of the reasonable costs of temporary impotuidment and transportation of the Animal. Orel. 2001-08, 0212712001) 915.31. In the event that the provisions of Section 915 of the City Code provide inadequate protection for human life or property, the Police Chief shall be authorized to seek court order(s) requiring immediate seizure, impoundment, destruction, or testing of an Animal, or other relief as required in the interests of public health and safety. Orel. 2001-08, 0212712001) Plymouth City Code 915.33 915.33. Farm Animals. The keeping of farm animals within the City is regulated in the City's Zoning Ordinance. Refer to Section 21170.01, subdivision 3. Ord. 98-24, 07/22/98; Ord. 98-43, 12/16/98) APPLICATION FOR MULTIPLE ANIMAL LICENSE Applicant Information: Name: Address: City, State, Zip: Phone: E-mail: Plymouth City Ordinance 915.2 1, subdivision 1, states in part that "No person shall own, harbor, keep, or have custody of more than four dogs and cats in combination, no more than two of which may be dogs over six months old on their property without having first secured a Multiple Animal License required herein, ... A copy of City Ordinance 915.21 is attached for your information and review. Chapter X sets the fee for kennel licenses at $35 per year, prorated monthly for parts of a year. 1, hereby, make application for a multiple animal license. This request is to allow dogs and cats for a total of animals at this location. Please list any convictions for any animal -related offenses: (use additional sheets if necessary) I understand that by my application, I authorize the Plymouth Police Department to conduct a background check to verify whether I have any convictions for any animal - related offenses and I authorize an inspection of the premises to ensure the health, safety, and welfare of the animals, and compliance with State Statute 346.39. Date Signature of Applicant Mail completed application to: CSO Supervisor — Multiple Animal License Plymouth Police Department 3400 Plymouth Boulevard Plymouth, MN 55447-1482 MULTIPLE ANIMAL LICENSE INSPECTION CHECK -OFF Acceptable Description Records check for animal -related convictions Owner/address Food — must be provided with food in sufficient quantity and quality to allow for normal growth or the maintenance of body weight — check to see if animals appear to be of normal weight Water — animals must be provided with clean, potable water in sufficient quantity to satisfy the animal's needs or supplied by free choice. Snow or ice do not qualify as adequate source. Shelter size — any confinement area must provide sufficient space to allow each animal to turn about freely and to easily stand, sit, and lie in a normal position. (measured from tip of its nose to the base of its tail plus 25 percent in square feet). A shaded area must be provided sufficient to protect the animal from the direct rays of the sun at all times from May to October if kept outside. Exercise — must be provided the opportunity for periodic exercise, unless exercise restricted by a veterinarian. Temperature -- confinement areas must be maintained at a temperature suitable for the animal involved. Ventilation — an indoor confinement area must be ventilated. Drafts, odors, and moisture condensation must be minimized. Auxiliary ventilation such as exhaust fans, vents, and air conditioning, must be used when the ambient temperature rises to a level that may endanger the health of the animal. Lighting — an indoor confinement area must have at least eight hours of illumination sufficient to permit routine inspection and cleaning. Surfaces — interior surfaces of confinement and exercise areas, including crates or containers, must be constructed and maintained so that they are substantially impervious to moisture and may be readily cleaned. They must protect the animal from injury and be kept in good repair. Drainage — a suitable method must be used to rapidly eliminate excess fluids from confinement areas. Sanitation — food.and water receptacles must be accessible to each animal and located so as to minimize contamination by excreta. Feeding and water receptacles must be kept clean. Disposable food receptacles must be discarded when soiled. Sanitation — measures must be taken to protect animals from being contaminated with water, wastes, and harmful chemicals. Wastes E must be disposed of properly. Flushing methods and a disinfectant must be used periodically. Bedding must be kept clean and dry. Outdoor enclosures must be kept clean and base material replaced as necessary. Agenda Number: TO: Dwight D. Johnson, City Manager FROM: Barbara Cox, Technical Services Supervisor THROUGH: Craig Gerdes, Director of Public Safety SUBJECT: AMEND ORDINANCES PERTAINING TO ANIMAL CONTROL DATE: July 13, 1998, for July 22, 1998, City Council Meeting 1. ACTION REQUESTED: Adopt ordinance amending Chapters I, IX, and X as they relate to animal control in the City of Plymouth. 2. BACKGROUND: City Cotuicil and staff received requests for consideration of some changes to the City's existing animal ordinance. Specific questions regarding increasing the number of dogs allowed and placing some restrictions on cats brought the ordinance questions to the attention of the City Council. The Council made the decision in the fall of 1997 to refer the matter to the City's Public Safety Advisory Board for their study and recommendations. The Advisory Board met several times and considered information on the current ordinance, requested changes, as well as information from other cities. hi an effort to involve the community in the qucstion and seek their opinion, they determined a method to gain this coininent. A questionnaire was devised and distributed throughout the commtuiity in the January Plymouth Rock Newsletter. Over 1,500 responses were received. The Advisory Board also scheduled a public comment meeting in February to distribute information on the questionnaire responses received and seek additional public input. Once this input was received, the Advisory Board made an initial draft of changes for the ordinance. The draft was distributed by mail to all who had put their name and address on the questionnaire, called in and left the information on the voicemail response line, or stopped in for a copy. A copy was also posted on the City's web page. After the distribution was complete, the Advisory Board continued seeking public input through mail, fax, e-mail, and the phone line. They also had an additional public meeting for input on May 21 ". The Board met again in Rine to further consider input from their draft and recommend changes. Changes made to the ordinance after the first draft that were included because of citizen comment include the above noted change of cats in the at -large section, along with changing the vaccination requirements for cats to only rabies, adding wolf and other wild animal hybrids in the definition of wild animals not allowed, and adding "Muulesota" to our license tags. Copies of all the minutes fiom the public meetings and the results of the questionnaire and other public comment received are attached for Council information. The major changes to the ordinance include 0 Overall revamp of the ordinance to update and make it clearer Kennel Licenses now pertain to animal -related businesses Multiple Animal Licenses are created and allow for additional dogs or cats over the set limit in residential areas Cats are now included in vaccination and license requirements Ferrets are allow as pets as long as they are vaccinated for rabies Exemption from license tag requirement for microchip or registered identification tattoos Opportunities for low cost licenses for spayed or neutered animals, at annual rabies clinic, on a replacement animal, or an animal moved to Plymouth with a current license from another city Additional wording to clean-up section allowing for easier enforcement (where previously we would have to witness the owner not cleaning up and disposing of feces, the new wording requires them to carry equipment for clean-up off their property) State Statute language on potentially dangerous and dangerous dogs is now included in our ordinance Steel jaw leg -hold traps are banned Wild animals restricted now include all wild hybrid mixes such as wolf There are two options for handling cat complaints; one is to handle them only through nuisance complaint situations; the second is to include cats in the at -large restriction with a special consideration for existing outdoor older cats The original issue that brought the animal ordinance under review was that the City had received several requests to allow residents to own a third dog as the current ordinance only allows two, with some exceptions only in the FRD zone. This issue carne up during the review of the Zoning Ordinance. As the new proposal also restricts the total number of cats within a residence, the Advisory Board proposes a Multiple Animal License to allow more dogs and/or cats as pets within a residence. Staff then worked with the City Attorney to devise the conditions Linder which one of these licenses would be turrned down. The concept then allows people to have larger numbers, but we can ensure they are not creating problems with the animals and are taking good care of them. The final draft from the Board was then reviewed by the City Attorney. The final draft was then mailed to all parties on the mailing list and a copy posted on the City's web page. The recommended ordinance was scheduled for Council review at this time. 3. DISCUSSION: Public Safety staff has worked with the Advisory Board and City Attorney in an effort to provide the most effective and fairest ordinance possible. In the widely distributed questionnaire, 77.5% of the respondents indicated a desire for cats to be restricted from being at -large within the City. This language was included in the first draft of the ordinance by the Advisory Board. Much of the comment received at the second public meeting and by phone and letter after that first draft came from people who indicated some concerns with older cats who are currently allowed to nun free and the problems associated with attempting to change their behavior late in life to become house cats. The Advisory Board discussed this issue at length and was greatly concerned with it. Staff did provide the Advisory Board with possible "grandfather clause" wording to address this issue. The Advisory Board decided to recommend taking cats back out of the at -large section of the ordinance and instead address them in the nuisance section of the ordinance. This is listed as Option A" of section 915.17 in the ordinance. As indicated, one of the most difficult areas addressed was the cats at -large section. Since this was a concern of so many citizens and an enforcement issue, we have provided an option to the Public Safety Advisory Board's nuisance section. In this option, we would retain the nuisance section, but include cats in the at -large section which also provides a "grandfather clause." This is "Option B" of section 915.17 in the ordinance. Council will also note that staff has recommended that although the ordinance would be adopted now, the effective date would be January 1, 1999. This would allow time to produce and distribute education and informational materials'within the community on the new regulations. We would also have an opportunity to arrange for a rabies/microchip clinic to give people an opportunity to get these provided at low cost before they are required. 4. ALTERNATIVES: The Council could direct that certain portions be eliminated or changed. 5. BUDGET IMPACT: There should be no large impact on the budget. Although there are changes in the license fees allowing them to be cheaper for spayed and neutered animals and free at the license clinics, there is now provision to license cats. Overall staff believes the impact on revenues would not be great. We also believe the proposed costs are reasonable and would cover the costs of the service provided. . 6. RECOMMENDATION: The Public Safety Advisory Board and staff recommends the adoption of the proposed ordinance with the selection of either Option A (Public Safety Advisory Board) or Option B (staff) in section 915.17. ORDINANCE NO. 98 - AN ORDINANCE AMENDING THE PLYMOUTH CITY CODE CONCERNING ANIMAL CONTROL THE CITY OF PLYMOUTH ORDAINS: Section 1. Plymouth City Code Section 105, Definition of Terms, is amended to read as follows. Subd. 50. "Private Kennel" means premises where throe ^r MOM dogs ever sin menths_rf_age are bent er where the business of raisiRg, selling, boarding, breeding, showing, treating, or grooming s animals is conducted, except that this term does net indude pet shops, animal hespit,Ttaalls, and similar operations. - Subd. 83. "Wild Animal" is repealed and replaced with Subd. 83. "Wild Animal' means any animal that is wild, ferocious, or vicious by nature, habit, disposition, or character. Animals in this category include any ape, including chimpanzee, gibbon, gorilla, orangutan, or siamang], baboon, bear, bison, bobcat, cheetah, crocodile, coyote, deer, [including all members of the deer family such as elk, antelope and moose], elephant, fox, hippopotamus, hyena, jaguar, leopard, lion, lynx, monkey, ostrich, puma, also known as cougar, mountain lion or panther, rhinoceros, any snake which is poisonous or any constrictor snake, snow leopard, tiger, wolf, or hybrid mix of any of the wild animals such as wolf/dog mixes. Section 2. Plymouth City Code Section 915, Animal Control, is revoked in its entirely and replaced with the following: Section 915. Animal Control. 915.01. Definitions. Subdivision 1, For purposes of this Section, the terms defined herein have the meanings given them. Subd. 2. "Owner" means any person owning, keeping, harboring or having custody of a dog or other animal within the City_ Subd. 3. "Public nuisance animal' means any animal to which anV of the followina conditions agoly: against the wishes of the owner of animal that damages the property of anyone other th imals that are dangerous animals; imals that cause unsanitary conditions of enclosures 5) Animals that are diseased animals dangerous to human health; 6) Animals that bark excessively or make prolonged and disturbing noises interfering with the peace and quietude of the neighboring property: or 7) Animals that have been determined to be strays. Subd. 4. -"Stray" (used as a noun) means any unlicensed and unattended animal which appears to not have an owner. Subd. 5. "Unprovoked" means that the victim who has been conductina h IF a menacina fashion or Subd. 6. "Unreasonably disturb the peace andquiet" shall mean generally, but is not limited to, the creation of any noise by any Animal which can be heard by any person, including a law enforcement officer or animal control officer, from a location outside of the building or premises where the Animal is being kept and which animal noise occurs repeatedly over at least a five-minute period of time with one minute or less lapse of time between each animal noise during the five-minute period. 915.03. Duty of Animal Owners to be Responsible Owners. It shall be the duty o eve owner of any animal or anyone having any animal in his or her possession or custody,to exercise reasonable care and to take all necessaa steps and precautions to protect other people, property, and animals from injuries or damage which might result from his or her animal's behavior, regardless of whether such behavior is mouvaiea oy miscnievousness, pia uriness, or ferocity. In the event that the owner or keeper of anV animal is a minor the parent or guardian of such minor shall be responsible to ensure that all provisions of this article are complied with. 91.5.05 Enforcement Procedures. The City shall designate animal control officers and/or licensed peace offigers for the purpose of enforcing the provisions of this Chapter and State Law. Any person may call or deliver a complaint to an animal control officer, or a licensed peace officer stating the facts and circumstances of an alleged violation of this chapter. The officer may investigate such complaint. If a violation occurs in the presence of the officer, a citation may be issued. If a violation did not occur in the presence of such officer but probable cause of a violation exists all reports, witness statements, and evidence may be submitted to the Plymouth City Attorney's office for a determination_ of whether a formal complaint should be issued. The officer may also issue a notice of the violation to the owner of the animal. Such notice of violation shall state the date and time of the issuance of the notice, the name and address of the person in violation, the date of the offense, the offense committed, a description of the animal involved and a demand that the offense be abated within 48 hours after the issuance of the notice. If the person fails to abate the offense. then the officer may issue a cit impoundment. rson. The animal -1 No person shall interfere with, hinder, or molest a City animal control officer or licensed peace officer enforcing this Chapter or State Law. No person shall seek to release anv animal in the custody of a City animal control officer or licensed peace 915.07. Animal Pound. Subdivision 1. Animal Pound Authorized. The Council may provide for a City animal pound, either within or outside the limits of the City. Subd. 2. Enforcement. It shall be the duty of the Director of Public Safet together with the person or persons designated by the City as Animal Control Officers to enforce the _provisions of this Section and to transport or cause to„be transported to the City Pound any or all doqs or other animals kept within the Citv contrary to the provisions of this Section. The Animal Control Officer is authorized to issue tags and sign complaints against any person for violation of the provisions of this Section. Subd. 3. Animals subject to impoundment. 1) Any unrestrained or unlic hapter may be impounded. o be restrained or licensed 2 Any animal meeting the definition ofa public nuisance animal as defined in this Chapter ma,, b pounded. 3 Any animal involved in a biting incident may be impounded as outlined in section 915.23. hot or inclement weather, not properly fed or watered, or provided with suitable food an drink in circumstances that threaten the life of the animal in accordance with Minnesota Statute 343.29, su bd . (1). Subd. 4. Redemption of impounded animals_. Any animal so impounded shall be kept for at least five days, or at least ten days in the case of quarantine or animal impounded under Minnesota Statute 343.29, subd. (1), unless sooner reclaimed by the Owner thereof. The Owner of any impounded animal may reclaim the same by paying the impounding fee prescribed in Chapter X plus the cost of the keep of such animal in said pound and any penalties due and payable and upon exhibiting_ proof of license if the animal is required to have a license under this Chapter. Subd. 5. Disposina of Unclaimed Animals. Anv animal five days after being impounded may be disposed of by the pound keeper, provided that such animal has not bitten or been suspected of biting any person. Under Minnesota Statute 35.71 subd. 3 at the end of the five-daV Period,all animals which remain unredeemed must be made available to any licensed institution which has requested that number of animals. Subd. 6. Accounting by Pound Keeper. The pound keeper shall keep an accurate account of all animals received at the pound and of all animals killed, released or disposed of therefrom and shall make a monthIV accounting thereof to the City. All records required by Minnesota Statute 35.71 shall be kept by the pound keeper. 915.09. Vaccination Requirements. Every dog, cat, or ferret over six months of age, kept as a pet shall be vaccinated against rabies. Because of techniques and tolerances, species limitations, and public health implications, animal rabies vaccines shall be administered only by or under the supervision of a veterinarian. Any animal for a species for which no rabies vaccination is licensed for that species by the Unitec States Department of Agriculture shall be considered unvaccinated for rabies, regardless of that animal's vaccination historv. However, no dog or cat need be vaccinated when a licensed veterinarian has examined the animal and certified that at such time vaccination would endanger its health because of its age, infirmity, debility, illness, or other medical consideration; and such exception certificate is presented to the animal control officer within five days health and a ess a inst rabies as soon as its or a II own or cat over six months of age within the Ci t has been obtained and the taa affixed as Subd. 2. Duration of License. Licenses shall be issued for the period of time concurrent with the rabies vaccination and shall expire with said vaccination. Subd. 3. License Fees; Amount. The license fee for each dog or cat shall be as provided in Chapter X. cat is im nice ine aog or Subd. 5. Issuance of Licenses; Veterinarian's Certificate to Accompany Application. All licenses shall be issued by the designated City personnel and applications therefor shall be accompanied by a certificate issued by a veterinarian licensed to practice in the State of Minnesota, showing that the animal has been currently vaccinated against rabies. 91.5.13. •License Tags. Subdivision 1. Issuance of Tag; C City shall provide and furnish for each licensed dog or cat a met; there shall'he stamped o_r__engraved the register number of the d Plymouth" and "Minnesota" and the year when licensed. The C registry of the dogs and cats so Ii number of the licens ant; Registry. The c tag upon which or cat, the words shall keep a stain the name and or cat. and the Subd. 2. Replacement of Lost Tags; Procedure; Fee. If any license tag is lost or stolen the Owner may obtain a new tag bV surrendering the receipt for the first to or by other proof of the fact that the dog or cat has been previously licensed and by paying the fee provided in Chapter X. Subd. 3 Owner shall pl current license Subd. 4. Animals exempt from wearing license tag. Any dog or cat having an idents , ing tattoo or microchip implant registered with the City is exempt from the requirement of wearing a license tag. Subd. 5. Counterfeiting the Tags Prohibited. No person shall counterfeit an such license tag or use a counterfeit tag_ MTMMOMi]FT TH sifWIliiIRMMIM [f license period and a new dog or cat is secured by the owner to replace the previous animal, the license for the deceased animal may be transferred to the replacement animal upon payment of a transfer fee as specified in Chapter X. Subd. 7. Change in Ownership. If there is a change in ownership of a City sensed animal the new owner must apply for a license within thin 30 days and e fee char ed for a new license. Subd. 8. Reciprocity. Upon proof of current rabies vaccination, a dog or ca rvner who has a valid and current license from another city within the State of innesota may secure a Plvmouth license by surrenderina the other license and 915.15. Abandonment. It is unlawful for any, person to abandon a dog or other Animal within the City. OPTION A: 915.17. Dods Prohibited from Running at Large. Subdivision 1. General Rule. No Owner of a_doq shall permit it to be At Large within the City.EEvery. Owner of a dog shall keep it Under Restraint at all times. An exception to this requirement is dogs are allowed within a body of water for training and/or exercise purposes as long as they are not within 300 feet of any public swimming area and are not found to be creating a nuisance as defined in this ordinance. OPTION B: 915.17. Dogs and Cats Prohibited from Running at Large. Subdivision 1. General Rule. No Owner of a dog or cat shall permit it to be At Large within the City. Every_Owner_of a dog or cat shall keep it Under Restraint at all times. An exception to this requirement is dogs are allowed within a body of water for training and/or exercise purposes as long as they are not within 300 feet of anypublic_ swimming area and are not found to be creating a nuisance as defined in this ordinance. Subdivision 2. Exemption. Cats who are outdoor cats within the city at the time of adoption of this ordinance may be exempt from this section of the ordinance_ for the lifetime of the animal.by meeting the following requirements; _ The owner must register the cat by December 31, 1998, the cat is required to be spayed/neutered, and the owners must agree to be res onsible for any damage to propertV done by the cat and work with victim and police to ensure solution to the problem being created. 915.19. Public Nuisances; Abatement of Nuisance; Notice of Violation. Subdivision 1. Noise. No person shall own, keep, harbor or allow to be kept or harbored anv animal which by bud or frequent barkina_ howlina or veloina shall Unreasonably Disturb the Peace and Quiet in the vicinity thereof. Enforcement actions can be taken in these cases upon the request of any animal control officer or licensed peace officer who witnesses violations or upon the written complaint of two or more persons residing in the vicinity of such animal. Subd. 2. Clean-up. No Owner shall permit his or her Animal to damgge or foul any lawn, garden or other property. An Owner shall have the responsibility of cleaninc up any feces of the Animal and to dispose of such feces in a sanitary manner. The City has the authority to impound any animal creating such nuisance. Any owner or any individual walking an Animal off their own propertV must carrV equipment to dispose of feces. Lack of such equipment is_prima facie evidence of intent to violate this section of the ordinance. 915.21. Animal Limits. Subdivision 1. No person shall own harbor, keep or related business. Individuals involved in the business of selling,boarding, breeding, treating, or grooming animals must receive a Kennel License. Animals which have been specially trained and certified to perform certain tasks such as for handicappec police K -9s, search and rescue, and other designated working animals are not counted in this requirement, nor are animals that are part of anv reaistered foster parent program. am. Subd. 2. Duration of Multiple Animal Licenses. Multiple animal licenses shall be issued on an annual basis and shall be made for the whole or unexpired portion of the year ending on December 31 next -following the effective date of the license. Subd. 3. Multiple Animal License Fees. The license fees for multiple anima n t;hapter Subd. 4. Late -License Penalty -Fee. If the multiple animal license is obtained r an animal has been impounded then there shall be a penalty fee added to the ular license fee equal to the regular license amount. This fee shall be paid in aadition to any animal licensing,im oundinq or boardinq fees which shall be reauired prior to release of the animal. Subd. 5. Multiple Animal License multiple animal license on forms provide Safetv Debartment. A license issued or ividuals must make application for a the City and submitted to the Public issued by the Citv may be denied for a. Fraud, misrepresentation, or incorrect statement contained in the application. b. Conviction of any crime, or misdemeanor,_ pertaining to the keeping or care of animals. c. Failure to submit to or pass an annual inspection of the premises to ensure the health safetyandwelfare of the animals under theapplicant's care as well as the public in general. Subd. 6. Issuance of Multiple Animal License. Licenses will be administrative[ approved. In the event of denial, a grievance process is established within the City. First appeal shall be reviewed bV the Chief of Police and final appeal shall be reviewed bV the City Council. Applications that are denied will be advised of the entire appeal process available to them at the time of denial and the reason for denial. Subd. 7. Kennel License. No person shall conduct any business of selling, boarding, breeding, treating, or grooming animals without obtaining a kennel license. Kennel licenses shall be issued on an annual basis and shall be made for the whole or unexpired oortion of the vear endina on December 31 next Winwinn the PffPctivP r1atP of the license. The fee for the kennel license shall be as provided in Chapter X. 915.23. Animal Bites. Subdivision 1. Notice. Whenever any person owning possessing or harboring any dog or other Animal within the City shall learn that suct Animal has bitten any human being, such person shall immediately notify an animal control officer or licensed peace officer with the Citv of Plvmouth. Subd. 2. Animal Bites. a Impoundment. Whenever an animal control officer learns that an human beinq has been bitten by a doq or other Animal in the Citv. th shall ascertain the identity of such animal and the person owning, possessing or harboring it and shall immediately direct such person to forthwith. impound such Animal for a period of ten days after the bite occurred as herein re wired. Said officer may seek whatever legal process is necessary to enter private property to carry out this directive. The animal shall be impounded for the guarantine period with evaluatioi of the rabies vaccination history of the animal taken into account. The Officer may allow the animal to be quarantined at home if the animal ha: been currently vaccinated against rabies and the owners agree to uarantine requirements. The officer may also allow the animal to be quarantined at any licensed veterinary facility with a report on the animal's health to the City at the end of the quarantine. The officer mai, also determine to quarantine the animal at the City's official pound facility. b) Dogs, Cats, and Ferrets. If a dog, cat, or ferret has bitten a human bein while on the gremises of its Owner and said animal is currently licensed if required) and vaccinated against rabies infection, the Animal Control Officer may ermit the animal to be impounded upon the premises of its Owner provided that it is kept apart from members of the general public during such impoundment period. If the animal is not current vaccinates against rabies does not reside within the CitV, or the bite took place off the owner's property, the Animal Control Officer may require the animal to be impounded at the City's authorized pound or at a licensed veterina facility with a report back at the end of quarantine. c Fees. The impoundment fee for anV Animal that is impounded in the City pound a second time for biting a human being shall be double the regular impoundment fee provided elsewhere in this Code. The Animal Control Officer shall order and direct the transport of such Animal to the city pound. Any Animal so impounded shall be kept continuously so confined for a period of ten days after the day the animal bit a human Subd. 3. Rabies; Inspection. It shall be the dutv of the Animal Control Officer to insure that every animal that has bitten a human being is inspected from time to time during its period of confinement to determine whether such Animal is infected with rabies. For this purpose, the Animal Control Officer shall have access at all reasonable hours to the premises where such animal is kept. The period of confinement for such Animal shall be terminated only upon the express authorization of the Animal Control Officer following inspection and the completion of ten -da confinement period. 915.25. Potentially Dangerous or Dangerous Declarations. All cases involving bites or anv other cases involving behavior considered to be potentially dangerous or dangerous by the Animal Control Officer will be reviewed by the Desianated Hearina Subd. 1. Determination of Potentiallv Dangerous. After review of cases involving_ bites or other_ behaviors, the officer shall determine that a dog is Potentially Dangerous, if the officer believes, based upon the officer's professional judgment that a dog has: a) When unprovoked, inflicted bites on a human being or domestic animal on ublic or private property; or a Dicycie, upon me sireeis, siaewaiKs or a owner's property, in an apparent attitude c c) A known propensity, tendency, inmury_or otherwise threatening_ the safety c Subd. 2. Notice of Potentially, Danc doq is potentially dangerous pursuant to k subdivision 3, and this Chapter, the City sl Dangerous Dog to the owner of such do of suitable age at the residence of such m deemed to be potentially dangerous and E under the order and their riahts to a hearir ny private prope f attack; or or dimosition to n. includina a 7 mus Dog. Upon a determination that a rnnesota Statutes, Section 347.54, all provide a Notice of Potentially V personally serving the owner or a person ier. The notice shall describe the dog all give the owner the potential restrictions on the matter. Subd. 3. Determination of Dangerous Dog. After review of all information presented, the officer shall determine that a dog -is a Dangerous Dog if the officer believes, based on the officer's professional judgment, that the dog has: a) Without provocation, inflicted substantial bodily harm on human being on public or private property; or b) Killed a domestic animal without provocation while off the owner's property; or endangers the safety of humans or domestic animals. Subd. 4. Exemption. Dogs may not be declared dangerous if the threat, injury, or damage was sustained by aperson: a Who was committing, at the time a willful trespass or other tort upon the premises occupied by the owner of the dog;_or b) Who .was provoking, tormenting, abusing, or assaulting the dog or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the -dog; or ; c Who was committing or attempting to commit a crime at the time. Subd. 5. Notice of'Dangerous Dog. Upon a determination that a dog is dangerous pursuant to Minnesota Statutes Section 347.50 subdivision 2 and this Chapter, the City shall provide a Notice of Dangerous Dog to the owner of such dog by personally serving the owner or a person of suitable age at the residence of such owner. The notice shall describe the dog deemed to be dangerous. The notice shall also inform the owner of the rightt to appeal the determination by requesting a hearing within fourteen (14) days after receipt of the notice. Immediately upon receipt of the notice the owner shall confine the dog in a proper enclosure or shall muzzle the do whenever outside. If no timely appeal is received by the City, the owner of the dangerous dog shall comply with the requirements set forth in Minnesota Statutes, including but not limited to_the registration of the dangerous dog with the County Auditor. The Nearing Officer shall make such order as the officer deems proper including, but not limited to, destruction of the Animal, if consistent with state and federal law, transfer of the Animal to a zoo or other facility,and reimbursement by the Owner of the reasonable costs of tem ora im oundment and transportation of the Animal. After the Owner of an Animal is given notice and an opportunity for a hearing as provided_ _in this subsection, the Director of Public Safety is authorized to order the destruction or disposition of any Animal which is determined to be a Dangerous Animal. The Director of Public Safety may order the Animal Control Officer to take the Animal into custody for destruction in which case the Owner shall immediately make the Animal available to the animal control officer. Subd. 0. Hearing. If the owner time dangerous or dangerous dog, a hearing si the owner and hearing officer's schedules whether the dog should be declared poten Minnesota Rules of Evidence need not be appeals the determination of a be scheduled as soon as possi he hearing officer shall receive Iv dangerous or dangerous. Th undation. Auer considering ali evidence sui itten findings of fact and reach a conclusion inaerous doa or danaerous doa pursuant to e near r itted, the -Hearing Officer sh tether the dog is a potential nnesota Statutes 347.50 an made within ten (10) working ce e Hearina Officer shall be final, but is appealable to a court of law. Subd. 7. Regulation of Dangerous Dogs. The owner of any dog determined to be Dangerous after given opportunity for a hearing provided above shall be required to abide by the following regulations. The doq shall be re istered with the CountV as provided in section 347.51; and the owner shall secure the proper liability insurance or surety coverage as re uired under section 347.51 subd. 2• and the owner shall keep the dog in a proper enclosure, or if the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person. The muzzle must be made in a manner that will prevent the dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration. Subd. 8. Dangerous Animals at Large. A Dangerous Animal running at large shall be apprehended by the animal control officer or any licensed peace officer and if the Animal bears no identification which reasonably reveals its ownership, the officer shall impound the Animal until the quarantine period is completed. If the Animal has riod. If the the oerso.n paying such fees, and the process shall proceed as in Subdivision 3. 915.27. Trapping. Subdivision 1. Definitions. For purposes of this Subsection, the term "Trap" means any mechanical device, snare, artificial light, net, bird line, ferret hawk vehicle or contrivance used to trap, catch snare kill or otherwise restrain the free movement of any nondomestic animals, wildlife or birds; and the term trapping" means the setting, laying or otherwise using a trap to catch, trap, snare, kill or otherwise restrain the free movement of non-domestic animals wildlife or birds. Subd. 2. Trapping Prohibited. All Trapping in the City is prohibited except: a) On private property when the owner of such private property has expressly consented to allow Trapping thereon; and b) Upon the issuance by the Director of Public Safety of a permit therefore after a showing that such Trapping is necessary to eliminate a nuisance. Subd. 3. Exceptions. The provisions of this section 915.27 do not apply. a) To persons who employ a Live Trap on their private property to prevent an unsafe condition or the waste or destruction of their property, when such persons have complied with applicable state laws; b To governmental officers who may in the course of their duties be required to use a Trap to catch, trap, snare, kill or otherwise restrain the free movement of any animal, wildlife or birds for humane or other_ authorized purposes; and c) To teachers for school programs or to scientists intending to identify animals, wildlife or birds and then return them to their natural environment. _ Subd. 4. Prohibition of Steel Jaw Leg -Hold Traps. No person shall set or use a steel jaw leg -hold or killer trap within the corporate limits of the City unless specifically authorized to do so by a governmental agency on that government's property. 915.29. Wild Animals Prohibited. No person shall keep „or allow to be kept anyplace in the City a Wild Animal, -unless with an administrative permit as part of a bona fide institutional program as allowed in Section 21170.011 Subd. 4 of the Cit 's zoning ordinance. Any Animal Control officer or licensed peace officer shall be empowered to immediately impound any Wild Animal found within the City, and to seek whatever legal process is necessary to.enter private property to carry out this directive. It is not a defense to allege that the Animal has been tamed or born and/or raised in captivity. _ Animals which are considered exotic or non -indigenous, although not in the definition of a wild animal as found in this ordinance and which have been found to create a nuisance as noted in this Chapter or by a lowing such animal to run at -large off the owner's property cannot be kept as pets within the City. Subd. 2. Notice and Hearing. The same notice and hearing provisions set forth in Subsection 915.25, Subds. 2 and 5 shall apply with respect to the issue of whether an Animal is "wild". The Director of Public Safety shall make whatever order as he/she deems proper including, -but not limited to, destruction of the Animal, if consistent with state and federal law, transfer ofthe Animal to a zoo or other facility, and reimbursement by the owner of the reasonable costs of temporary impoundment and transportation of the Animal. 915.31. In the event that the provisions of Section 915 of the City Code provide inadequate protection for human life or property, the Director of Public Safety shall be authorized to seek court order(s) requiring immediate seizure, impoundment, destruction, or testing of an Animal, or other relief as required in the interests of public health and safety. Section 3. Plymouth City Code Section 1010, License Fees, subd. 7 Miscellaneous is amended to read as follows: Dogs and Cats(good for length of rabies vaccination a) Male or Female 915 _ $15 b Spayed or neutered 915 5 c) Replacement of License $1 d) Licenses at annual rabies/ microchip clinic FREE e) License transfer fee $1 ff) Specially trained and certified working animals or foster animals FREE g) Kennel License $65 h) Multiple Animal License $35 i) Late License Penalty $12 added to license fee Impound fees Administrative Fine plus actual boarding costs Administrative fine Schedule 1" offense 33 (plus boarding) 2'. 66 (plus boarding) 3 o—` d ffense 99 (plus boarding) 4 oerase & each additional 150(plus boarding) Cats licensed as of December 31 1998 will not be subject to escalating administrative fines and would only pay the $33 plus boarding as if a first offense_ Sec. 4. This ordinance is hereby adopted and becomes effective on January 1, 1999. Mayor City Clerk New language is underlined, language to'be deleted is struck thrn, igh.) Agenda Number: TO: Dwight D. Johnson, City Manager FROM: Craig C. Gerdes, Director of Public ,Safety SUBJECT: AN ORDINANCE AMENDING CHAPTER IX OF THE PLYMOUTH CITY CODE CONCERNING ANIMALS DATE: December 7, 1998 for December 16, 1998 City Council Meeting ACTION REQUESTED: The City Council adopt an ordinance amendment to Chapter IX in regard to animals. 2. BACKGROUND: At its July 22, 1998 meeting, the City Council adopted a major revision to the animal ordinance. The Public ,Safety Advisory Board had coordinated review of the ordinance which included public input through a questionnaire in the January 1998 City Newsletter, and two public meetings on February 19, 1998 and May 21, 1998. When the ordinance was considered by Council on July 22"` x, there were two options given regarding the issLre of cats at Iarge. The two options were: OPTION A: 915.17. Dogs Prohibited from Running at Large. Subdivision 1. General Rule. No Owner of a dog shall permit it to be At Large within the City. Every Owner of a dog shall keep it Under Restraint at all times. An exception to this requirement is dogs are allowed within a body of water for training and/or exercise purposes as long as they are not within 300 feet of any public swimming area and are not found to be creating a nuisance as defined in this ordinance. OPTION B, 915.17. Dogs and Cats Prohibited from Running at Large. Subdivision 1. General Rule. No Owner of a dog or cat shall permit it to be At Large within the City. Every Owner of a dog or cat shall keep it Under Restraint at all times. An exception to this requirement is dogs are allowed within a body of water for training and/or exercise purposes as long as they are not within 300 feet of any public swimming area and are not found to be creating a nuisance as defined in this ordinance. Subdivision 2. Exemption. Cats who are outdoor cats within the city at the time of adoption of this ordinance may be exempt from this section of the ordinance for the lifetime of the animal by meeting the following requirements. The owner must register the cat by December 31, 1998, the cat is required to be spayed/neutered, and the owners must agree to be responsible for any damage to property done by the cat and work with victim and police to ensure solution to the problem being created. The City Council adopted the ordinance with Option B, but sent this item along with several others back to the Public Safety Advisory Board or staff for further review. On this issue, the Advisory Board was asked to try and find another option in between Options A and B for Council consideration. The Public Safety Advisory Board reconsidered the issues of cats at large, licenses for indoor cats, and including ferrets in the number of animals allowed and multiple animal licenses. They have new recommendations for Council consideration on these issues. Staff has considered the issue of multiple animal licenses and is reconunending a process for application and approval or denial of these licenses. Staff also recommends a change in the effective date for the licensing requirement on cats. We believe this is the wrong time of the year for a rabies/ licensing/inicrochip clinic and would like to schedule it for the spring. We also believe this event should take place before the licensing requirement is effective. The Council also sent the issue of developing an area for off -leash exercise for dogs to staff for further review. This issue is under review by Park and Recreation staff. 3. ALTERNATIVES: Three alternate ordinances are included for Council consideration. The first includes all changes recommended by the Public Safety Advisory Board. This includes all recommendations in the second and third options plus the Advisory Board recommendation about changing the cats -at -large language. The second changes the effective date for cat and multiple animal licenses and allows indoor cats to be licensed at no charge and adds farm animal language to bring it into compliance with the zoning ordinance. This option is the recornmendation of staff. It includes the recommendation in the third option, along with the process for multiple animal licenses. The third option changes only the effective date for cat and multiple animal licenses and adds farm animal language to bring it into compliance with the zoning ordinance. If the Council determines they would prefer not to make any fundamental changes to ordinance language, this is the minimal change that would be required. Cat licenses have been ordered, but will not be in and available until January and we would also not have time to process multiple animal licenses by January 1. This change would allow rrs to begin offering these licenses in January, but they would not be required Until July I". 4. DISCUSSION: The Public Safety Advisory Board considered the issue of cats at large and attempted to find a proposal which would be somewhere in between the two proposals as requested by the Council. The Advisory Board strongly believed that cats should not be restricted from being at large, but enforceruent should be on a nuisance basis. They were strongly against restricting cats from being at large with the grandfather clause. They have a new proposal which allows cats to be at large, unless they have been impounded more than twice for a nuisance problem. Under this option, cats Could be impounded for no license Could be impounded if a nuisance Could not be at large if impounded as nuisance three or more times. On the issue of licensing indoor cats, in discussion the Board believes licensing is necessary to ensure rabies vaccination and assist in the return of any animal which may get outside. They opted to waive any fees for licensing with indoor cats in their recommendation. The Board also agreed with the Council that as ferrets also need to be vaccinated for rabies, they should be included in the number restrictions and multiple animal licenses. No upper limit on multiple animals was set as the Board could not agree on a number as there are too many variables to be considered with the size and type of animal and property. This issue is addressed instead during the consideration of an application during the inspection to ensure the owners can safely and properly care for the number of pets they are requesting. There is also a need to change the required date for cat licensing and multiple animal licenses. The cat licenses are ordered and should be available.in January, but we are requesting that they not be required until July 1, 1999. The same would apply to multiple animal licenses. This would give pet owners and staff six months to work on getting these issued. It would also allow us to have the rabies/licensing/microchip clinic in the spring when it would be easier for more people to attend. Option C is the minimal option as it only changes the effective date for the new cat licenses and multiple animal licenses. Option B frorn staff includes the effective date plus allowing free licenses for indoor cats and the process for multiple animal licenses. Option A from the Public Safety Advisory Board, contains all of Option B plus deleting the cats-at-Iarge language with a new option along with language adding ferrets to multiple animal licenses. Notices of the proposed changes were mailed to all on the animal list. Information about the proposal was also put in the December City Newsletter. S. BUDGET IMPACT: There is no impact on the budget from these changes. G. RECOMMENDATION: The Public Safety Advisory Board recommends all of the changes outlined in the discussion area ofthe agenda itern. These changes are addressed in ordinance Option A attached. The staff does not recommend deleting the cat -at -large language. The cat -at --large language in our ordinance is easier to enforce than the proposed nuisance language. The staff does recon7nlend changing the effective date of the requircment for cat and multiple animal licenses and that the license fee for indoor cats be waived. We have also included the process for application for multiple animal licenses. These changes are addressed in ordinance Option B attached. If the council chooses not to make either of the above changes, the staff recommcrnds the addition of the farm aninial language for compliance with the zoning ordinance and the change to the effective date of the cat and multiple animal licenses are required. These changes are addressed in ordinance Option C attached. OPTION A CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 98 - AN ORDINANCE AMENDING CHAPTER IX OF THE PLYMOUTH CITY CODE CONCERNING ANIMALS THE CITY OF PLYMOUTH ORDAINS: SECTION I. Section 915.17 of the Plymouth City Code is amended to read: 915.17. Dogs Prohibited from Running at Large. Subdivision 1. General Rule. No Owner of a dog shall permit it to be At Large within the City. Every Owner of a dog shall keep it Under Restraint at all times. An exception to this requirement is dogs are allowed within a body of water for training and/or exercise purposes as long as they are not within 300 feet of any public swimming area and are not found to be creating a nuisance as defined in this ordinance. Subdivision 2. Exemption. Cats who are outdoor cats within the cit @I the time of-adeptian of this nsorrlemaybe—exempt—from—this--section of the ordinance for the lifefme of the animal _hi meeting the following requiremnRts-.—They-eynvnormUStTegiSeF the cat by Dee her 31 '199 th8 Gal- io required to he spa ed/neutere`Ti, and44ezrrcz.c-_.ei•r ccr-r.--r qurr ewrn- ers most agree f Tre&pGPsi,blo fL_Fcor r-ci rY crm 3 + n'rf i hif fhn r i nr1 iyArk w0th irin im {_. gliro to onciiro solution to the nrnhlom haFiF c-leoted- Cats atraiceeranr< Large. Cats licensed under the terms of this ordinance will be allowed to be At Large, orovided thev have received all required vaccinations and thev have been spaved or neutered Subdivision 3. Cats at Large Exception, Cats impounded more than twice under any of the terms of this ordinance will no longer be allowed to run At Large. Every Owner of a cat that has been impounded more than two (2) times shall henceforth keep that cat Under Restraint at all times. SECTION 2. Section 915. 11, Subdivision 3 of the Plymouth City Code is amended to read: Subd. 3. License l=ees; Amount. The license fee for each dog or cat shall be as provided in Chapter X. Cats that are declared "indoor only" cats by their owner at the time of licensing will receive their license at no charge. However, if the cat is later impounded by the Citv. the owner will be required to oav all previously waived license Tees retroactively ana the cat will no_longer nec_onslae future licensing_ SECTION 3. Section 915.11, subdivisioi-i 1 of the Plymouth City Code is amended to read: 915.11. Licenses. Subdivision 1. License Required. No person shall own, harbor, keep or have custody of any dog or cat over six months of age within the City, unless a current license for the dog or cat has been obtained and the tag affixed as provided in 915.13 or unless the animal is exempt from wearing a tag pursuant to 915.13, subd. 4. SECTION 4. Section 915.11, subdivision 1 of the Plymouth City Code is amended to read: 915.21. Animal Limits. Subdivision 1. No person shall own, harbor, keep or have custody of more than four dogs, i cats, and ferrets in combination, no more than two of which may be_dogs over six months old on their property without having first secured a Multiple Animal License as required herein, except individuals involved in any animal -related business. Individuals involved in the business of selling, boarding, breeding, treating, or grooming animals must receive a Kennel License. Animals which have been specially trained and certified to perform certain tasks such as for handicapped, police K -9s, search and rescue, and other designated working animals are not counted in this requirement, nor are animals that are part of any registered foster parent program. SECTION 5. Section 915.33, is added to the Plymouth City Code as follows: 915.33 Farre Animals. The keeningr of farm animals within the City is regulated in the City's Zoning Ordinance. Refer to Section 21170.01, subdivision 3. SECTION 6. Section 915.21, of the Plymouth City Code is amended to read: Subd. 6. Issuance of Multiple Animal License. Licenses will be administratively approved. In the event of denial, a grievance process is established within the City. First appeal shall be reviewed by the Chief of Police and final appeal shall be reviewed by the City Council. Applications that are denied will be advised of the entire appeal process available to them at the time of denial and the reason for denial. The application process shall be as follows: t an otnciai application form proviaea oy the L3ty. 5ucn application sna be accompanied by a fee as set forth in the City Code. The applicatio fee shall also cover the costs of individual licenses for the first four (4) animals. b. Agblications for licenses shall be aoaroved or denied within thirtv !30 days from the date of its official and complete submission unless a time waiver is granted by the applicant. C. The designated staff person shall conduct a background check on the applicant(s) to determine whether there have been any convictions_ for any animal -related offenses by theapplicant(s). d. The City shall conduct an inspection of the premises _to_ensure _the L..-..-. 11" .... F,. i.. --A IT_ _F iI-..-. I .. - A - 44-..-. .- [:.- __LJ,. .._. well as the public in general. The inspector shall ensure the animals are receiving proper food, water, exercise, and overall care by using State Statute 346.39 as a guideline. e. Unless the applicant(s) has not met one or more of the previous listed criteria. the license shall be aranted. SECTION 7. This ordinance shall be effective January 1, 1999 with the exceptions of licensing requirements for cats and multiple animal licenses. These licenses shall be available in January of 1999, but not required until July 1, 1999. ADOPTED by the City Coruicil this day of 51999. Joycelyn Tierney, Mayor ATTEST: Laurie F. Ahrens, City Clerk OPTION B CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 98 - AN ORDINANCE AMENDING CHAPTER IX OF THE PLYMOUTH CITY CODE CONCERNING ANIMALS THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Section 915.11, subdivision 3 of the Plymouth City Code is amended to read: Subd. 3. License Fees; Amount. The license fee for each dog or cat shall be as provided in Chapter X. Cats that are declared "indoor only" cats by their owner at the time of licensing will receive their license at no charge. However, if the cat is later impounded by the Cit_, the owner will be required to pay all previously waived license fees retroactively and the cat will no longer be considered an "indoor only" cat for future licensing. SECTION 2. Section 915,21, of the Plymouth City Code is amended to read: Subd. 6. Issuance of Multiple Animal License. Licenses will be administratively approved. In the event of denial, a grievance process is established within the City. First appeal shall be reviewed by the Chief of Police and final appeal shall be reviewed by the City Council. Applications that are denied will be advised of the entire appeal process available to them at the time of denial and the reason for denial. The application process shall be as follows: Requests for licenses shall be filed with the Public Safety Department on an official application form provided by the City. Such application shall be accompanied by a fee as set forth in the Citv Code. The application g. Applications for licenses shall be approved or denied within thirty 30 days from the date of its official and complete submission unless a time waiver is granted by the applicant. h. The designated staff person shall conduct a background check on _the applicant(s) to determine whether there have been any convictions for anv animal -related offenses by the applicant(s). The Citv shall conduct an inspection of the premises to ensure the health, safety, and welfare of the animals under the applicant's care as well as the public in general._ The inspector shall ensure the animals are receiving proper food, water, exercise, and overall care by using State Statute 346.39 as a guideline Unless the applicant(s) has not met one or more of the previous listed criteria, the license shall be granted. SECTION 3. Section 915.33, is added to the Plymouth. City Code as follows: 915.33_ Faun Animals. The keeping of farm animals within the City is regulated in the City's Zoning Ordinance. Refer to Section 21170.01, subdivision 3. SECTION 4. This ordinance shall be effective January 1, 1999 with the exceptions of licensing requirements for cats and multiple animal licenses. These licenses shall be available in January of 1999, but not required Luatil July 1, 1999. SECTION 5. Additional language is added to section 915.17 as follows. 915.17. Dogs and Cats Prohibited from Running at Large. Subdivision 1. General Rule. No Owner of a dog or cat shall permit it to be At Large within the City. Every Owner of a dog or cat shall keep it Under Restraint at all times. An exception to this requirement is dogs are allowed within a body of water for training and/or exercise purposes as long as they are not within 300 feet of any public swimming area and are not found to be creating a nuisance as defined in this ordinance. Subdivision 2. Exemption. Cats who are outdoor cats within the city at the time of adoption of this ordinance may be exempt from this section of the ordinance for the lifetime of the animal by meeting the following requirements. The owner must register the cat by December 31, 1998, the cat is required to be spayed/neutered, and the owners must agree to be responsible for any damage to property done by the cat and work with victim and police to ensure solution to the problem being created. Subdivision 3. Exemption. Any cats that are ADOPTED by the City Council this day of , 1998. Joyeelyn Tierney, Mayor ATTEST: Laurie F. Ahrcns, City Clerk OPTION C CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 98 - AN ORDINANCE AMENDING CHAPTER IX OF THE PLYMOUTH CITY CODE CONCERNING ANIMALS THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Section 915.33, is added to the Plymouth City Code as follows: 915.33 Fam7 Animals. The keeping of farin animals within the City is regulated in the City's Zoning Ordinance. Refer to Section 21170.01, subdivision 3. SECTION 2. This ordinance shall be effective January 1, 1999 with the exceptions of licensing requirements for cats and multiple animal licenses. These licenses shLrll be available in January of 1999, but not required until July 1, 1999. ADOPTED by the City Council this day of , 1998. Joycelyn Tierney, Mayor ATTEST: Laurie F. Ahrens, City Clerk H DATE: August 2, 2007 TO: Plymouth City Council FROM: Barbara Senness, Planning Manager and Kp rglund, Associate Planner SUBJECT: Outlot Study Following the City's sketch review of a former PUD outlot, the City Council asked staff to complete aninventory and analysis of the development potential of all former PUD outlots. This memo summarizes the results of that effort. BACKGROUND: Prior to the complete re -write of the Zoning Ordinance in 1996, the City had only two single family zoning districts. This situation resulted in overuse of the planned unit development (PUD) to provide the flexibility that the market was dictating, but'the standard ordinance districts could not provide. Part of the impetus for the change In the PUD regulations came from the City Attorney, who advised that the regulations in place at the time were vulnerable legally. Under the previous ordinance, PUDs were created by conditional use permit, although the affected property .retained its original, base zoning as well as the PUD status. With the 1996 ordinance, each PUD becomes a zoning district and the PUD is only used to allow design modifications and/or a mixture of uses as opposed to modifications in density as was the case previously. With the adoption of the new ordinance, the City Attorney opined that the former PUD outlots lost any protected status conferred through the PUD approval. Consequently, asstuning the outlots meet all dimensional and performance requirements, they can be developed. OUTLOT DEFINITON AND REGULATION: The Zoning Ordinance defines an outlot as follows: A parcel of -land subject to future platting prior to development; or a parcel of land which is designated for public or private open space, right-of-way, utilities or other similar purposes. Section 21105.03, Subd. 8 of the ordinance states that "outlots are deemed unbuildable and no building permit shall be issued for such properties, except that permits for fences may be issued." PURPOSE OF OUTLOTS: Historically in Plymouth, PUD outlots were created for useable open space in return for density bonus credits and storm water retention. To limit issues of tax forfeiture, the City has narrowed the range of acceptable outlot purposes in recent years, regardless of whether the outlot is located in a PUD or a straight -zoned subdivision. For example, the City requires that any. recreational areas be platted as a lot and block. Plus;, wetlands must be platted as part of adjacent lots rather than separately as outlots. The City still allows outfots for'storm water ponds, but is less concerned about tax forfeiture as the City is now responsible for pond maintenance. OUTLOT INVENTORY: Staff identified roughly 170 outlots created as part, of a pre -1996 PUD. The majority are unbuildable due to limited access or the existence of wetlands or are City -owned and used for parks, trails or open space. However.,, considering Zoning; rdinance requirements in the zoning districts the outlots are located, 12 former PUD outlots have development potential (refer to attached graphics). - The purpose behind the ;creation of the 12 -potentially developable outlots was, exclusively for open space or ponding. For creating the open space, the City awarded;density bonuses. Lot sizes among the 12 outlots range from 0.6 acres to 9.3 acres. Half are less than 2 acres in size. All but the 9+ acre outlot are less than 3.5 acres in size. Some of the 12 outlots are encumbered with easements and wetlands, which could potentially reduce the amount of development potential. OPTIONS FOR FUTURE: Staff has discussed how the City can address the development status of former PUD outlots with the City Attorney. He has indicated that had the City taken ownership of the open space/ponding outlots or required the developer to place them in a permanent 2 conservation easement, the loss of PUD status would not have affected their legal status. In many cases, developers did dedicate outlots to the City. In no cases were outlots put in a conservation easement. In the case of the 12 outlots with development potential, none have any special status other than some have significant drainage and Lrtility' easements. The City could limit development potential on these outlots by simply maintaining the easements. In the case of the outlots with no significant easements, the City Attorney has indicated that the City would be limited legally in re-establishing an open space status. If the City would guide the former PUD outlots as open space, the courts would likely.consider this action to be a taking and require the City to compensate the owners. ATTACHMENTS: 1. Outlot Summary Table 2. Outlot Location Maps 3 Potential Buildable Outlots PID Acres Development Owner Wetlands Purpose 0111822330100 0.6 Harrison Hills 2nd Add. Harrison Hills 2nd Add. HOA N open space, density bonus points 0211822210041 1.9 Bass Lake Estates Bass Lake Estates HOA N open space (common use and enjoyment of the owners) 0211822210086 1.4 Bass Lake Estates Bass Lake Estates HOA Y - Med open space (common use and enjoyment of the owners), ponding 0311822410045 2.5 Bass Lake Heights Bass Lake Heights HOA N open space, density bonus points 0311822420065 3.1 Heritage Woods Estates 2nd Heritage Estates 2nd HOA N open space, density bonus points 0911822320084 1.8 Woodale North Woodale HOA Y - Lo ponding 1211822320038 1.2 Rolling Hills Park Rolling Hills Park HOA N open space, density bonus points 1311822330095 1.0 Gonyea's 3rd Addition HOA Inc., Michael Monti N open space, density bonus points 1411822240047 9.3 Westridge Estates 1st Westridge Townhouse Assoc. Y - Med open space (preserve low areas), accommodate storm water ponding 1511822430063 3.3 Heritage West 2nd Heritage West 2nd HOA Y - Med open space, density bonus points 1611822230066 2.6 Plymouth Creek 2nd Plymouth Creek HOA Y - Med open space, ponding 3311822140047 3.3 Harbor Place Harbor Place HOA Y - Med open space, density bonus points Potential Buildable Outlots Legend Outlots 0 Lakes City of Plymouth, Minnesota Miles 0 0.25 0.5 1 1.5 2 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447 DATE: August 20, 2007 TO: Barbara Senness, Planning Manager COPY: Steve Juetten, Community Development Director FROM: Joshua Doty, Planner SUBJECT: Lake Setback Research 1. DESCRIPTION: The City reviewed three planning applications in 2007 that neighboring property owners objected. to because their lake views would be impacted by a new home. This memo describes Plymouth's current requirements regarding structure setbacks from lakes and provides the practices in other suburban communities. The memo will also establish if these communities have any requirements that regulate building construction to protect lake views from existing buildings. 2. CITY OF PLYMOUTH LAKE SETBACK REQUIREMENTS: The City's shoreland regulations establish minimum setbacks from lakes and tributary streams for all structures. The minimum setback requirements range from 50 feet to 150 feet depending on the classification of the lake and if the property is served with municipal sewer and water or not. In addition to the minimum setback requirements, the shoreland regulations also allow buildings to be placed closer to the lake or stream if the adjacent buildings are set back closer than the minimum setback requirements. The ordinance allows an average of the neighboring buildings as shown below: In the example above, you can see that even though there is a minimum 100 -foot setback requirement, the proposed home may be placed at the 50 -foot average setback of the neighboring homes. Below is a graphic example of the three Plymouth variances that neighboring property owners objected to over the past year: 100 -Foot Existing -•- 4 Minimum Home Proposed Home Setback Existing Home Home Home Proposed Allowed 75 Feet 25 Feet 50 -Foot 100 -Foot Average Minimum In the example above, you can see that even though there is a minimum 100 -foot setback requirement, the proposed home may be placed at the 50 -foot average setback of the neighboring homes. Below is a graphic example of the three Plymouth variances that neighboring property owners objected to over the past year: In the example above, the proposed home is allowed to be placed closer to the lake than the existing homes because the minimum 100 -foot setback requirement is met. Existing Home Existing Home Proposed Home 100 -Foot Minimum Setback In the example above, the proposed home is allowed to be placed closer to the lake than the existing homes because the minimum 100 -foot setback requirement is met. 3. RESEARCH FINDINGS: I contacted 10 cities (Maple Grove, Golden Valley, Edina, St. Louis Park, Minnetonka, Eden Prairie, Bloomington, Shorewood, Channhasen, and Orono) to review how they regulate lake setbacks. I found that all of the cities surveyed have minimum setback requirements and nine of the 10 cities do not have any additional standards designed to protect views. One of the nine cities (Chanhassen) adopted an ordinance that required any new construction to equal the average of the existing structures on each side for riparian lots. Existing Home Proposed Home Existing Home 100 -Foot Minimum Required Setback 150 -Foot 175 Feet 125 Feet Average In this example, you can see that the proposed home may not be placed at the 100 -foot minimum setback requirement, but rather must be placed at the 150 -foot average setback. After three years, the City of Chanhassen removed the averaging requirement from their ordinance and minimum setback requirements were re-established. The City found that the averaging requirement was very difficult to administer. One of the other nine Cities (Eden Prairie) is currently reviewing their ordinance after receiving my request for zoning information related to this topic. Their staff currently has differing interpretations of their requirements. Eden Prairie has a similar matching/averaging provision to what is in our ordinance, which allows homes to be placed closer to the lake if the adjacent homes are located closer to the lake than the minimum setback requirement (see attached ordinance). Eden Prairie staff has interpreted that the ordinance requires that a home match the neighboring homes; even if they are set back further than the minimum setback requirements. After reviewing their ordinance, I did not find any language that requires a matching of neighboring setbacks. The City of Orono is the one city surveyed that has requirements designed to protect views. Their ordinance (see attached) requires that a home may not be located closer to the lakeshore than the average setback of the existing homes on each side (see Chanhassen example graphic above). The Orono ordinance also allows the Planning Director to administratively approve variances to this provision, provided that no views are obstructed with the new construction, and that the adjacent neighbors provide written approval. The City of Orono indicated that they do not typically grant these types of administrative variance approvals because in most instances, the average lakeshore setback can be met on the property. ATTACHMENTS: 1. Eden Prairie Zoning Requirements 2. Orono Zoning Requirements CITY OF EDEN PRAIRIE ZONING REQUIREMENTS RELATED TO LAKE SETBACKS Subd.10. Placement and Height of Structures. A. Placement of Structures on Lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone. Structures shall be located as follows: 1. Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion. 2. Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, so as to minimize the view £tom the surface of the public water assuming summer, leaf -on conditions, whenever practical. 3. Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of Subd. 9B and 9C are complied with in addition to the requirements as.contained in Minnesota Rules, Chapter 1340 a copy of which is hereby adopted by reference and declared to be a part of this ordinance. B. Height of Structures.' All structures in residential districts, must not exceed 35 feet in height. CITY OF ORONO ZONING REQUIREMENTS RELATED TO LAKE SETBACKS Sec. 78-1279. Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Structures shall be located as follows: 1) Structure and on-site sewerage system setbacks (in feet) from ordinary high water level: TABLE INSET: Setbacks (feet) Setback Setback from: in feet) Sewage Treatment System Public Water Classification Structure Unsewered Sewered NE 150 150 150 RD 100 75 75 GD 75 75 75 Tributary 100 75 75 2) Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the water body: TABLE INSET: Except for detached garages on lakeshore lots as regulated in section 78-1435 and except for structures subject to less restrictive side yard adjacent to street setbacks as regulated in the various zoning districts. 3) Bluff impact zones. Structures and accessory facilities, except stairways, landings and lock boxes, must not be placed within bluff impact zones. 4) Uses without water -oriented needs. Uses without water -oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf -on conditions. 5) Fences, docks, retaining walls. No fence shall be placed within the shore setback zone. Portions of dock located landward of the OHWL shall be considered as a landing, Setback Setback from: in feet) Top of bluff 30 Unplatted cemetery 50 Right-of-way line of federal, state or county highway and local public and 30* private roads Except for detached garages on lakeshore lots as regulated in section 78-1435 and except for structures subject to less restrictive side yard adjacent to street setbacks as regulated in the various zoning districts. 3) Bluff impact zones. Structures and accessory facilities, except stairways, landings and lock boxes, must not be placed within bluff impact zones. 4) Uses without water -oriented needs. Uses without water -oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf -on conditions. 5) Fences, docks, retaining walls. No fence shall be placed within the shore setback zone. Portions of dock located landward of the OHWL shall be considered as a landing, subject to the regulations for landings per section 78-1282. Retaining walls shall not be placed within the shore setback zone. 6) Average lakeshore setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to stairways, lifts, landings and lockboxes. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. a. In instances where the average lakeshore setback can not be met, administrative approval may be granted at the discretion of the planning director provided no lake views of an adjacent lakeshore lot are obstructed and adjacent neighbors provide written approval. Ord. No. 101 2nd series, § 1(10.56(16)(C)), 2-24-1992; Ord. No. 11 3rd series, § 1, 5- 24-2004) UJI l I44;;15ON H1LLS 2ND rte k4rCu em,7q , Sla•.wn ore —.mrd, Q. QOM0 I k?'17de5 1lon marfumed sdf m°rktd byh, /. 1 RcQlslrulion No. 00445 / o ` 1 •' , 9O. 1 0 TLXour. M1 h J L t A o rlotllh I, the NoAwee,f 611arFero+he ryI;oh oA n v 5atr hwmi Curter arSec8innl,r118,l0. IVor{h,llne oFlhe 5ojbw G6arferaf+ht 5aufhwes+:•OuarFer. 's 6 M;a:s%. loo. .1 Sec+ion 18, f`--7---wati-.-.-.e,ia[.-i - ` wDl r--r.o-' 1 sar.afhnf I 11 J 6l dE . cp t1 ^xa ,uACI"}w tmi+f •C f \ j dl, 1 N alw a{t. , 9 0 11 le . ': e 111 /.. ' t II? j_`- `fr(B 8 ZI IN.e%S"Eq 9,O zl' Iy;.i •''r r'-il0o.• _a 3 4°r 'I ge i\Le'iu o` ul le 'ka`ry_I I. 4Yi a Y{\`3: '} Pv r;'..,Sj II _ 1, OD J W,'a Mt jFoy L J t' ` Z \"•", a lal2 d`r°h11 b t, f o*•C\A..` ymje. n6lf ... T yafeTt• r•'r, =:, 8ia :\C,' Shka` ,. A ee rp ti•q,.yb" 8`f,C'xA .,r-_4'F E dLlc.o;-' FI< (e° 'p `\' o'l^ yrlrNTpwNnIif_f...! '-- . 4 G•°'' ,?° LANE ko'L.T.-Otw s„: .. ¢ Inn f.,racti_ l .} '`\; $ ? . I. . ,r a• °.,{°sem \;y I 8., u.1 Ufilil'fC`mun ^o S Op AVE. o `' %P p•vi a\':.. 4 $\ k\:'a`-: ,;; ` `y>',np(..,,i `6 ,poo; r'Ja' C4, of°il 220.00 fn t6atPlq I rArr1'• I we,tSlL Oeiailriu<I<1 a CJ, Pv ADDITION 2 11L,' ntd3 wH13ra. ri . C.R. DOC. NO. HNM ALL MEN BY THESE PPESENTS: That He[Tieom Hill, Partnership. a MSLlneaoCe pal --hip. ov and prop- rietor of the t.11winq d¢e<[ibed pr.party situated in the County of N—apin, State Of Ma -1— Go vitl Thatpert oC Ouclot A, Ha..iaon "Ill. acc rding Co Cha plat thereof on fit[ or of, re<ortl In t, Office oC tle County Peeocder in aM Cor said County, lying Southerly o[ tTe ... '_oC the Northeast Oaerta[ of Cha Sou Gheast ouartar Of Sac Cion 1, TO-O.h ip 119. Pe nge 22. That Hill— rough Ma -1. I,ne ., a Mila —ta csip.re [ion, owner and pt.pli—I of the folloeiaq daeerlbad property situ ad in the CO y of Hennepin, State of Mi ..... t. to it: T11 pare .e Out lot A. Ha rrloHi11B, lording to the ala[ thereof on Fila .i OE ra--d in GheIClevOCtheOountyHvt.td<t on In and cfora"d County lying northerly If tba south llna of the Hortheeat ... rter of the Southeast Oua rter of Section 1. Twnahlp 119, wnga 22. W have ....ad the tomo Co ba aurvayad and platted as KA—SON HILLS 2ND, -d do hereby done G< aM d, to tha public Eor public ua. f.rr r thea......nn}M1ighe.I Plots and dcalwga and ut Llicy uSewnM,"h-.fryry.v, h— on thl, plat. In eltnava ehvrao! gala Hatria.n Hill La PacGnccah ip hoe a sed these present, to be algn.d by LG. gastral parcnar tT to lit^ day of O to+d E Q1993 and in -ib-.thereof said Hi llebor.ugT Manor, Inc. has ..u aad Ghe ae pro...ta to be algnad by its proper .[Cicero AM ita corpora to amt heraunto effi-d thia13'k-. day Or r),+ -e }g e3 9ARRI50- H P 5£PL Reeitt L. Pata[aon, general Oa --r HILLs9...IJ MAN INC. ,,SL L 1NItt L. Paterson. prasidtnt Harlan e a . Ee rotary STATE OF MINNESOIA The for¢golnq lnatrument ea knwleagad balsa me this 13 + day Of COUHTY OF HENNEPIN i.ne 2 , l9 8_3 by i-itt L. p--- its qan tal partsur of W rrl -ill. ParC.¢r ip, n Minnesota Pn [Cserahip, beha LE of the pa[t.... hip My Commiaa ion Expires Q Lt,: r z.1C / 4 - STATE OP MPNNESOTA The foTegoinq,ln C[umenG '+a eeknw]edgeI before mr Ch La / >7 day Of COUHY OF HEMNEp IN e{v bee l9 S3 aby Heelt[ L. pot...... p[asidant and Haclbn p e ao Sec cnta ry of Hillsborough pant. Inc., . Minnennte corp... tion on beha Lt Of than' corporation. / Viii• alp lit. o,,_ Cou y. ML nneaot. f .I., Irv. -,I My Comnaca ion Expi rca / o- i L3, / Ali'= he ,,N ee [t ify Chu aW vayaC dnd pia Gted the property d—ribed o Chia pl.t ea WPRISON HILLS 2.m t thio plat is a correct raps... to tion oC ea id s vey; that all va a[a co[[attly ehoen . Che plat in Celt and huMredtha of a foot; that all m have been r ctly placed 1n the ground n sa ah— o° said plat: that tA< Outa Lde boundary It— .,a torr ct Ly de. 9rre CM1 plat. H rd e. Poge[s, Land Ivey Minn... t. Lltenae No. 9a6 // II STATE OF MINNESOTA The Co [eq yor•a ce Cleats vI alk—Ildg<d bafo[a me Chic sIL COIMIY OF ANOM day 0f.6J!/w l. 19tby How [d R.gc to nd Surveyor. 7 N°Ca a Coo i M4vleaa My Comm iso ion X rca A 3 10th. 1991 E II-ACINIHINE UBURBAN Nowrawc,(Ne. DRAINAGE ANO UrILIT a — fn¢meers— I EA SEMENTS ARE 5140WN7705 bnn¢er"l;nk.,I/'d/d,.,n jr° rA, and /04rt4 m -idlA GRAPHIC SCALE IN FEET dnd ddjoiain5 sJrlrl /b!r a rhawn on 'lllr pl I i'dfmitijs>r'eYrj,' s8 e s m "I I4 5 "yR -1 N.492.2 C.R. DOC. NO. HNM ALL MEN BY THESE PPESENTS: That He[Tieom Hill, Partnership. a MSLlneaoCe pal --hip. ov and prop- rietor of the t.11winq d¢e<[ibed pr.party situated in the County of N—apin, State Of Ma -1— Go vitl Thatpert oC Ouclot A, Ha..iaon "Ill. acc rding Co Cha plat thereof on fit[ or of, re<ortl In t, Office oC tle County Peeocder in aM Cor said County, lying Southerly o[ tTe ... '_oC the Northeast Oaerta[ of Cha Sou Gheast ouartar Of Sac Cion 1, TO-O.h ip 119. Pe nge 22. That Hill— rough Ma -1. I,ne ., a Mila —ta csip.re [ion, owner and pt.pli—I of the folloeiaq daeerlbad property situ ad in the CO y of Hennepin, State of Mi ..... t. to it: T11 pare .e Out lot A. Ha rrloHi11B, lording to the ala[ thereof on Fila .i OE ra--d in GheIClevOCtheOountyHvt.td<t on In and cfora"d County lying northerly If tba south llna of the Hortheeat ... rter of the Southeast Oua rter of Section 1. Twnahlp 119, wnga 22. W have ....ad the tomo Co ba aurvayad and platted as KA—SON HILLS 2ND, -d do hereby done G< aM d, to tha public Eor public ua. f.rr r thea......nn}M1ighe.I Plots and dcalwga and ut Llicy uSewnM,"h-.fryry.v, h— on thl, plat. In eltnava ehvrao! gala Hatria.n Hill La PacGnccah ip hoe a sed these present, to be algn.d by LG. gastral parcnar tT to lit^ day of O to+d E Q1993 and in -ib-.thereof said Hi llebor.ugT Manor, Inc. has ..u aad Ghe ae pro...ta to be algnad by its proper .[Cicero AM ita corpora to amt heraunto effi-d thia13'k-. day Or r),+ -e }g e3 9ARRI50- H P 5£PL Reeitt L. Pata[aon, general Oa --r HILLs9...IJ MAN INC. ,,SL L 1NItt L. Paterson. prasidtnt Harlan e a . Ee rotary STATE OF MINNESOIA The for¢golnq lnatrument ea knwleagad balsa me this 13 + day Of COUHTY OF HENNEPIN i.ne 2 , l9 8_3 by i-itt L. p--- its qan tal partsur of W rrl -ill. ParC.¢r ip, n Minnesota Pn [Cserahip, beha LE of the pa[t.... hip My Commiaa ion Expires Q Lt,: r z.1C / 4 - STATE OP MPNNESOTA The foTegoinq,ln C[umenG '+a eeknw]edgeI before mr Ch La / >7 day Of COUHY OF HEMNEp IN e{v bee l9 S3 aby Heelt[ L. pot...... p[asidant and Haclbn p e ao Sec cnta ry of Hillsborough pant. Inc., . Minnennte corp... tion on beha Lt Of than' corporation. / Viii• alp lit. o,,_ Cou y. ML nneaot. f .I., Irv. -,I My Comnaca ion Expi rca / o- i L3, / Ali'= he ,,N ee [t ify Chu aW vayaC dnd pia Gted the property d—ribed o Chia pl.t ea WPRISON HILLS 2.m t thio plat is a correct raps... to tion oC ea id s vey; that all va a[a co[[attly ehoen . Che plat in Celt and huMredtha of a foot; that all m have been r ctly placed 1n the ground n sa ah— o° said plat: that tA< Outa Lde boundary It— .,a torr ct Ly de. 9rre CM1 plat. H rd e. Poge[s, Land Ivey Minn... t. Lltenae No. 9a6 // II STATE OF MINNESOTA The Co [eq yor•a ce Cleats vI alk—Ildg<d bafo[a me Chic sIL COIMIY OF ANOM day 0f.6J!/w l. 19tby How [d R.gc to nd Surveyor. 7 N°Ca a Coo i M4vleaa My Comm iso ion X rca A 3 10th. 1991 EII-ACINIHINE UBURBAN Nowrawc,(Ne. DRAINAGE ANO UrILIT a — fn¢meers— I EA SEMENTS ARE 5140WN7705 bnn¢er"l;nk.,I/'d/d,.,n jr° rA, and /04rt4 m -idlA GRAPHIC SCALE IN FEET dnd ddjoiain5 sJrlrl /b!r a rhawn on 'lllr pl Sheol / p/7 Subject Property Wetlands Water Main Storm Sewer Sanitary Sewer Drainage & Utility Easment r';.0b City of Plymouth, Minnesota 01-118-22-33-0100 Development: Harrison Hills 2nd Add. Owner. Harrison Hills 2nd Add. HOA Size: 0.57 total acres 0.57 buildable acres Access: Ximines Ln. Zoning: RSF-2 Guiding: LA -2 Wetlands - none Feet 0 187.5 375 750 1,125 1,500 Guiding Comercial (C) Living Area 1 (LA 1) Q Living Area 2 (LA 2) Living Area 3 (LA 3) Living Area 4 (LA 4) rI Living Area Rural (LAR) Public/Semi-Public/Institutional (P-1) Commercial Office (CO) City Center (CC) Planned Industiral (IP) MED LK Lakes Zoning B -C, Business Campus C-1, Convenience Commercial G2, Neighborhood Commercial C-3. Hig1way Commercial C-4, Community Commercial C-5, CommerciaUlndustrial CC -UT, City Center OfficerTech CC -P, City Center, Public CC -R. City Center, Retail CC -RE, City Center, RetaVEntertainment 0 FRU, Future Restricted Oevebpmenl 1-1, Light Industrial 1-2, General Industrial 1-3. Heavy Industrial' o, Office P -I, Public/Institutional PUD, Planned Unit Deveiupmem RMF -1, Multiple Family 1 RMF -2. Multiple Family 2 RMF -3, Multiple Family 3 RMF4, Multiple Family 4 RSF-1, Single Family Oetached 1 RSF-2, Single Family Detached 2 0 RSF-3, Single Family Delached 3 RSf: 4, Single and Two Family Lakes 56TH AVE J o < zd ox 9 o n55 UJ Xzl h Lu dry q I e Q 3 z uJ SSR a Or z R O o m Subject Property Wetlands Water Main Storm Sewer Sanitary Sewer Drainage & Utility Easment r';.0b City of Plymouth, Minnesota 01-118-22-33-0100 Development: Harrison Hills 2nd Add. Owner. Harrison Hills 2nd Add. HOA Size: 0.57 total acres 0.57 buildable acres Access: Ximines Ln. Zoning: RSF-2 Guiding: LA -2 Wetlands - none Feet 0 187.5 375 750 1,125 1,500 Guiding Comercial (C) Living Area 1 (LA 1) Q Living Area 2 (LA 2) Living Area 3 (LA 3) Living Area 4 (LA 4) rI Living Area Rural (LAR) Public/Semi-Public/Institutional (P-1) Commercial Office (CO) City Center (CC) Planned Industiral (IP) MED LK Lakes Zoning B -C, Business Campus C-1, Convenience Commercial G2, Neighborhood Commercial C-3. Hig1way Commercial C-4, Community Commercial C-5, CommerciaUlndustrial CC -UT, City Center OfficerTech CC -P, City Center, Public CC -R. City Center, Retail CC -RE, City Center, RetaVEntertainment 0 FRU, Future Restricted Oevebpmenl 1-1, Light Industrial 1-2, General Industrial 1-3. Heavy Industrial' o, Office P -I, Public/Institutional PUD, Planned Unit Deveiupmem RMF -1, Multiple Family 1 RMF -2. Multiple Family 2 RMF -3, Multiple Family 3 RMF4, Multiple Family 4 RSF-1, Single Family Oetached 1 RSF-2, Single Family Detached 2 0 RSF-3, Single Family Delached 3 RSf: 4, Single and Two Family Lakes BASS LAKE L Nenn.CD.mon.,. A i`. W:.17 J _3_ 9eo. R 1_ .7 I"1 E MI i_Ii C 1' - Soo •oo' o0"W 52). e9 _ V a COUNTY ROAD NO. 61 CI N35.11'20"W 41.96 49'37'19" 50.°0 13.30 C2 N14.44'49"E C3 N64.59'49 "E 2 el Is 50.0051.00 13.8543.85 C4 SO 4.45'11'•E CS S14.31'I1"E 42.9642.46 50•!5'00" 50.15'01• U+ 43.8543. DS 1 4 41.7750.00 50.ODSO. DD 13.09261.80 CB SB A•1]'2VE C9 SB4.17'221 o 9D.00 zs L7 wN x2 o•1,•a••w I 1 n 0 IVES LANE O m .f ItzD.DA 1` x1D•a0. 00'9 ms. O L) F. W 7 011e g oa W O 4 I V C P PJ S OB5601 c 69.50 9 Og j_ N DDD 0•E 268.04 x11 •10•oa F F.6 -.E- I 0.0o0 I 1. r Im fn 501.0 O OD W 219. BS r I I 25L__ J`BiOc _J T9 aFhew<sl v- 4F easf as d 7B Fcc{ ,F ,VE of NW MATCH LINE C (SEE SHEET 4 OF 4 SHEETS) N0. BEARING CHORD DELTA RAOlUs LENGTH CI N35.11'20"W 41.96 49'37'19" 50.°0 13.30 C2 N14.44'49"E C3 N64.59'49 "E 42.4642.46 50.15'00- 50.15'00' 50.0051.00 13.8543.85 C4 SO 4.45'11'•E CS S14.31'I1"E 42.9642.46 50•!5'00" 50.15'01• 50.005D. DD 43.8543. DS C6 535.10'39"W C] N90•DO'DO"W 41.7750.00 49.22'41" 300.00'00' 50.ODSO. DD 13.09261.80 CB SB A•1]'2VE C9 SB4.17'221 5.3265.37 11.25'16' 11.25'lfi• 378.50320.51 75.4565.40 CID SB4.17'22"E C11 584.17'22"E 70.3510.35 11.25'16' 11.25']fi• 353.50353.50 70.4770.47 N0. BEARING• DISTANCE T1 590'OD'00'E 15.00 In T2 N40•0V 00•W T3 597.23' 43•'W T4 N7]•3334^E 4D.00S. B11 1113 UTILITY AND DRAINAGE EASEMENTS ARE SHOWN THUS: V 15 I D T6 S90.00'OD"E 25.00 J- ----•--I-- T7 NOD DO' 0W E TB S30.00' 00•'2 25.0050.00 N T9 S09•I8155"W TIO 590 •DO'Oa"E 25.3333.00 BEING 6 FEET IN WIDTH AND ADJOINING LOT LINES, UNLESS OTHERWISE INDICATED AND 10 FEET IN yfC 36.53 N WIDTH AND ADJOINING STREET LINES, UNLESS OTHERWISE SHOWN ON THE PLAT. N W In J V 15 u_ p` N yfC 36.53 N Q T2"• 1294.62 NOO'OI'O9"W__-- LdLd J L) F. ESTATES o a LJ _\ yob `'LN ti N0 y1, 5 1 vi22yr 2V'D In ° NI ISr 1 \\ I vAz 5° a 1^ 8 c I rB l/ r m ° aro ' e; , A6 C Xty J n DENOTES IRON MONUMENT BEARINGS SHOWN ARE ASSUMED 0 60 120 SCALE u; AfF 4 Iwes{ line o>= NE'/a of p V / MW 14 f Sec. 2, L I/8, 2.22 31•zs O ,11r r iol l `1 McCOMBS-KNUTSON ASSOCIATES, INC. E N G I N E E R S A N 0 5 U R Y E Y 0 R S Ti 60 ' Gi w IGJ I3ILI I L7 /^ J' G+ NO. BEARING GISTANCE G% TI NO '01'09"W 70.69 T2 NO0.01'23.W 60. B9 T3 NIS•11:16.1 60.67 1 T1 N37.57. 23. 92.55 TE NIS•42'01", 52.92 J T6 N34 •ge'S4"W 30.00 n ` N3 50.004'4B' S4"W O\ TB 516.46'.42"W 30.03 T9 518.46'42"W 60.06 J Gin 6`0 N0. fiEPAING CHORD DELTA MOIDS LENGTH CI N77.10'S0"W 133.16 6.46'33" 1126.66 133.24 SHEET 3 OF 4 SHEETS BASS LAKE ESTATES 2ND ADDITION UIILI AND DRAINAGE EASENlENTS ARE SHOWN THI.I SOO-00. DO- 387.a_s':-_ N. S-Fl soo-00-0011w BEING 6 FEET IN WIDTH AND ADJOINING LOT L:INE5' 259.85 TI r - - - - - - - - i U LESS OTHERWISE INDICATED AND SIO FEET N WIDTH AND ADJOINING STREET LINE sHo N ON E PLAT, e rz 0&' L 3?.S 450EDS.,S 45' S" -,-O,., r - - .1 - - - / 0 zu s tI I I - A, 10 L - j R. FG." '-- tE liCk 7 NO .:lT-'E n 't S IS S.7-29' 55". T3 NCO'01' 09"W 30.44 T N 50: D 3D.4409 TS N5 11.0 Te 522'09:36" 12.a8 e, TS 50 '29-55-W 25.52 TICNO '29-55-W 25.5DST173 :47 33"W 10.01 Q E f T 12 N55 1 1: 06: 1 2.1:. . . . . . . . 2DOT IG. T14 N71 - 13' 1 S"W DO I' S 141: 41el: 2 "E I.C. T ...C. Gl"l 7:B TI A 2. Tl' I' A 2145:221 4w 7S Or 01 % OUTLO ND. REARING c ORD DELTA AADI.. LENGTH CL N66 -45-30-W C2 N71:26' 28-W C3 I 'E 85.483l... 4-42' ID' ID41 .77 2'.1-5" 85 1 C4CS NO3. 23 ll:E G. NV -32 IS E 7 -7,577.75 4'- .2' -10- 4-12' Q' IOSO... 7 .7G77 C7 N71-44- 27 E C. 7 .7517:71 4-1V 12' IDGD.DD4::2 12' 2060.00 77.715 C9CID NE -V 151-E 1, 7. . S 4 2. 12. I....C. 4-08-30- 106C.Do 7 CII NaB'11'47"E CL2 S87-29'2C"W E. 5, 3:3 '26- IDGD.OG 5 .1.2V 6 . 73a .54 C 3 S82'27'59'W CI 4 S77:2' : o3a W 8.51ea.51 5'.:211: s.. 2 aa.S. 8.54 CIS 571 57 3"W CIS S2 DYE W5.02123.63 o 5-57137- -0 DO 12'44'35: 547:9 I. ..' 2-13 08:549 C 7 53 3-12-E CIS S I- U'JS"E 51.2172,41 11-36-18 407 EIS110'1:22B: 61,712.57 c 9 511 -17 -5I -E Mo S I'.6 -23-E I, I S S-05-05-IIi 72.4172.4772.47 44. 7:9 41 T I V 2a' 4 s 72.575757 2 Sl '29-45-W 3 N .271 1... DIIO.00 4' 07: 35' 52' 4.7 9 1'25' '7 . .1 32.73MOO 5.'W 125 N5B:OS'37-W 2S... 57.19 G -02-V 75.. I-VIDO: 275 23.016736 C26 N 4 C27 N4 D7 37- 3S. 57'41'* 67.1302 00 14-02-00 v . 2*17'4: 5.0. 0:3. Ij.2 28 NS. . 317 57-E MB N62-0C3. 6. 2817IS4C'E Sj.0311.86S 2 2-53-42 DIO. 000 18-03- 20 3 0. . 8'O3'4S- 59 SS 151 . 3Q:OO84.16 C31 S32 . CU S27-41:1 "E C33 B12..4 SVE 48.8212- 21 10'45 III IS W53' 46' 35 :SS 1"05-30. m .3. 493.07IDI C34 So3 5o 4' 35 1.0.213.a. 1-5' 30' 351.98 6-53' 1.- '57 SS 1..543.04 N&.'34'I 2 Cn -22' D 36- o5:2 B -I.- 12' 22 :00 27:05 13- S.Qo 36.53106.44WC3857.'5L-55 E 4 99 40 2'- 4.99 A. CD v TI DENOTES IRON MONU.ENT BEARINGS SHOWN ARE ASSU.ED A) T, 0 so 120 I r.IIE I,, FE ET McCOMBS -KNUTSON ASSOCIATES, INC. E . & I N E E R 5 A N 0 5 u R y E y 0 , S SHEET 2 OF 2 SHEET.' r/ Ale" J mduth IMap o G r- rip. 0 7— 4 4 W r Subject Property Wetlands Water Main Storm Sewer Sanitary Sewer Drainage & Utility Easment 0 City of Plymouth, Minnesota RBBYL I/e( r( 3: W 621 U) LU 0 LL 61 ro 0 60, Z ; I& P, I L 0 J 8ASS 02-118-22-21-0041 & 02-118-22-21-0086 Development: Bass Lake Estates & Bass Lake Estates 2nd Ownec Bass Lake Estates HOA Access: Hemlock Ln. Size: 3.27 total acres (combined) Zoning: RSF-2 2.90 buildable acres (combined) Guiding: LA- I depending on wetland delineation) Wetlands: yes small - medium quality) Feet 0 187.5 375 750 1,125 1,500 Guiding Comercial (C) F—] Living Area I (LA 1) Living Area 2 (LA 2) Living Area 3 (LA 3) Living Area 4 (LA 4) Living Area Rural (LAR) Public/Semi -Pub I ic/I n stitutional (P-1) Commercial Office (CO) City Center (CC) Planned industiral (IP) MED LK Lakes Zoning B -c, Business Campus C- i, convenience Commercial C-2. NeighborticiodCommarcial CA Highway Commercial C-4. Community Commercial CA Commerciat'inclustrial cc-oT. City Center Officerfech CC -P. City Center, Poblic CCR, City Center, Retail CC -RE, City Centei. RelaiVEntertainment FRI), Future Restricted Development 1-1i, Light Industrial 1,2, General industrial 1.3, Heavy Industrial 0. Office P-1. PublicfInsfitutional PUD, Planned Unit Development KSS RMF -1. Multiple Family 1 Rmr-2, Multiple Family 2 RMF -3. Multiple Family 3 RMF -4. Multiple Family 4 RSF-1. Single Family Detached 1 RSF-2. Single Family Detached 2 RSF-3, Single Fam,ly Detached 3 RSF4. Single and T o F..ily Lakes L A 0 7— 4 4 W r Subject Property Wetlands Water Main Storm Sewer Sanitary Sewer Drainage & Utility Easment 0 City of Plymouth, Minnesota R BBYL I/e( r( 3: W 621 U) LU 0 LL 61 ro 0 60, Z ; I& P, I L 0 J 8ASS 02-118-22-21-0041 & 02-118-22-21-0086 Development: Bass Lake Estates & Bass Lake Estates 2nd Ownec Bass Lake Estates HOA Access: Hemlock Ln. Size: 3.27 total acres (combined) Zoning: RSF-2 2.90 buildable acres (combined) Guiding: LA- I depending on wetland delineation) Wetlands: yes small - medium quality) Feet 0 187.5 375 750 1,125 1,500 Guiding Comercial (C) F—] Living Area I (LA 1) Living Area 2 (LA 2) Living Area 3 (LA 3) Living Area 4 (LA 4) Living Area Rural (LAR) Public/Semi -Pub I ic/I n stitutional (P-1) Commercial Office (CO) City Center (CC) Planned industiral (IP) MED LK Lakes Zoning B -c, Business Campus C- i, convenience Commercial C-2. NeighborticiodCommarcial CA Highway Commercial C-4. Community Commercial CA Commerciat'inclustrial cc-oT. City Center Officerfech CC -P. City Center, Poblic CCR, City Center, Retail CC -RE, City Centei. RelaiVEntertainment FRI), Future Restricted Development 1-1i, Light Industrial 1,2, General industrial 1.3, Heavy Industrial 0. Office P-1. PublicfInsfitutional PUD, Planned Unit Development KSS RMF -1. Multiple Family 1 Rmr-2, Multiple Family 2 RMF -3. Multiple Family 3 RMF -4. Multiple Family 4 RSF-1. Single Family Detached 1 RSF-2. Single Family Detached 2 RSF-3, Single Fam,ly Detached 3 RSF4. Single and T o F..ily Lakes SHEET 2 OF 3 SHEETS BASS LAKE HEIGHTS C.R. DOC -NO. Me "'1h /- i NS SEV,, ol' Se.. 3 S89'2B'4G'E L263.70---- cl, 1 S SCVqc.r -r Se. 3, 77116, R. 282 lI I - "_;-" E Ilenneph7 C-lymo zllne SO M7, —--------- 453.33 G.o 5o OUTLOT D o T1 D, 5 em 7 00 OUTLOT E Se -M95 5bc— Cr 05sumed 10 ui Lj 4U Z I j j < 100 9 s 2 8 iT l' 4." -2 T. I -- 4 6 2s.. 12 M6 TT: MiN5. .5 E 0 7 sj"AE5S 5 5 T11 _"G, M -.- 0 8 TI lAF 1SEF 9 4 uj N%:N: 134 "l, 9 10 a 3o 10 Eli X OUTLOT F 6 12 2 5 zo 14 4 11 4 C2 502:M 41-V SN' N4 S L TH 256.21 -59' 07- 42 IV.: 4' 44 Tp 2'2%: 1— 4 _ 2: 1 v Alt18 15 1— 41- N: 1 21-E 1-1- .2 1. 1.- 71 11 11 17:1 17 I E; 2 1 1'4 21 1 1!. 2 11 W... 1-1 ': 3N1- - —.1. 1. 1. 40 TI V ff ".4 41 MD:7'6 4'2:2-3- ff Z3:4. 2W NOS 43' W 13 M fil - - 7 4. N23' 41-E 7.DD P.N" 1171. ", 4..' 0"Ih' WE 4theso,lh w, S'14 ol- Sec. 3 Tll C2 L NN - 41' 46-WzW. t6g.01 2-54' lo' D7- 1—. .4.0 11 M-1 McCOMBS —KNUTSON E N G I N E E R S D ASSOCIATES, INC. 5 U R V E Y 0 R 5 SHEET 2 OF 3 SHEETS Subject Property Wetlands Water Main Storm Sewer Sanitary Sewer Drainage & Utility Easment PcIty or Plymouth, M.'.ta V 03-118-22-41-0045 Development: Bass Lake Heights Access: Pineview Ln. Owner.- Bass Lake Heights HOA Zoning: RSF- I Size: 2.46 total acres Guiding: LA -I 2.32 buildable acres Wetlands - none Within Bass Lake Shoreland Overlay District) Feet 0 187.5 375 750 1,125 1,500 Guiding Comercial (C) Living Area 1 (LA 1) Living Area 2 (LA 2) Living Area 3 (LA 3) Living Area 4 (LA 4) Living Area Rural (LAR) Public/Semi-Public/institutionaI (P-1) Commercial Office (CO) City Center (CC) Planned Industiral (IP) IVIED LK Lakes Zoning B -C, 13usinm Campus C- 1, Convenience CGmmefcial C,2, Neighboftod Comonerci.1 C-3. Hqhway ComrnerclaT C-4. Community Cornmercol CA CommerciaLlIndustrial CC -OT. City Genter Officeftech CC-P City Cenler. Public CC -R. City Center, Retail GG—RF. Cily Center. Retail/Erite n..t FIRD, Future Restricted Development 1-1. Light Industrial 1-2, General Industrial 1-3. Heavy Industrial 0. office P-1, PubrwAnstitutiGnai PUD, Plamed Unit Development ESS RMF -11. Multiple Family 1 RMF -2, Multiple Family 2 RMF -3. Multiple Family 3 RMF -4. MuTtlple Family 4 RSF-1. Single Farruly Oeta.hed 1 RSF-2, Single Farnily Oetacbed 2 RSF-3, Sffvle Farnity Detached 3 RSF-4. Sl%le and Two Family Lakes co'RU 'N' LL. 0 z z 0 5,jN"A)/F- L xlvel S A'1'2 58TIA P.\fe 19 11 M co W Bass Lake 0, 0- 0 4 01 V 03-118-22-41-0045 Development: Bass Lake Heights Access: Pineview Ln. Owner.- Bass Lake Heights HOA Zoning: RSF- I Size: 2.46 total acres Guiding: LA -I 2.32 buildable acres Wetlands - none Within Bass Lake Shoreland Overlay District) Feet 0 187.5 375 750 1,125 1,500 Guiding Comercial (C) Living Area 1 (LA 1) Living Area 2 (LA 2) Living Area 3 (LA 3) Living Area 4 (LA 4) Living Area Rural (LAR) Public/Semi-Public/institutionaI (P-1) Commercial Office (CO) City Center (CC) Planned Industiral (IP) IVIED LK Lakes Zoning B -C, 13usinm Campus C- 1, Convenience CGmmefcial C,2, Neighboftod Comonerci.1 C-3. Hqhway ComrnerclaT C-4. Community Cornmercol CA CommerciaLlIndustrial CC -OT. City Genter Officeftech CC-P City Cenler. Public CC -R. City Center, Retail GG—RF. Cily Center. Retail/Erite n..t FIRD, Future Restricted Development 1-1. Light Industrial 1-2, General Industrial 1-3. Heavy Industrial 0. office P-1, PubrwAnstitutiGnai PUD, Plamed Unit Development ESS RMF -11. Multiple Family 1 RMF -2, Multiple Family 2 RMF -3. Multiple Family 3 RMF -4. MuTtlple Family 4 RSF-1. Single Farruly Oeta.hed 1 RSF-2, Single Farnily Oetacbed 2 RSF-3, Sffvle Farnity Detached 3 RSF-4. Sl%le and Two Family Lakes CITY COPY ORR -SCHE LEN -MAYER ON AND ASSOCIATES. INC. L.R. QQC- NO. HERITAGLE WOODS ESTATES SECOND ADDITION FlldTES 1— ..HUtI.1 DRAINICE AND U711.11V EASEMENTS Tz i 'RE SHOWN THUS; BEARINC NOTE: THE SOUTH LINE OF OUTLOT A. L so 25 0 50 11 a 1, FEET 10 9 BEI C 6 FE IS11 1111" LIT L 5 AIN' UHL 5S ,111111E N0111TED. T '. ,,.TH A I ANo6E, NO,, STREET LINES. -5 SHU- 11L —1. Ln% 0 ?9.10 "6- N 89-5t'58"E2 65" D., jr, 41 5 AND UrILITI EASEUtNTw '.2, 102.5 Ea. ?, 12 7 2 Z J'o trI R, QUILOY w.V2, yl I - 4; 4,,o. 81 S- 52. 00 1 314 I,— A/ A?. NO S D_ L.So., It L 00YI 11 I , - -715 -t? 12 10 A A,,,, W1,%,\ z, 7 S. If- I/ i t . 1. 8 ff, S 11 "E 13 J L 61LI114; 11! X -ED -i I _ I ./ I., ', l N76 ", Q Z., AT, MATCH L I NE -------------- SEE S14EET 3 OF 3 SHEETS I'D SHEET 2 CF 3 SHEETS A, V' t ry F -A 4' 14 fy- 4 fl? 7: 40 A iq "t 74 IF i 0^ rFAQ J!"' Oli r 4 J, A Ak Subject Property Wetlands Water Main Storm Sewer Sanitary Sewer Drainage & Utility Easment PC' if lymouth, M,tnYr,'e. P. ta rim, 03-118-22-42-0065 Development: Heritage Woods Estates 2nd Owner Heritage Woods Estates HOA Size: 3.07 total acres 2.75 buildable acres M CO i z - 11,qrffA40' Pf A LU0WQV-/ 0 0 io 56TH AV -a 0 55TH fn A 1/ 0 W iF iW - 1 0 rn Access: 57th Ave. Zoning: RSF-2 Guiding: LA -2 Wetlands - none Feet 0 225 450 900 1,350 1,800 Guiding Comercial (C) Livi n g Area 1 (LA 1 F—] Living Area 2 (LA 2) Living Area 3 (LA 3) Living Area 4 (LA 4) Living Area Rural (LAR) Public/Semi-Public/institutionaI (P-1) Cammerciai office (CO) City Center (CC) Planned industiral (IP) MED LK Lakes Zoning B -C. Business Campus C- 1. Curivemertce Commemal C-2. Neqhborl d Commercial C-3, Hqhway Commercial C-41. crimmunity Comenerwi C-5, Commerctallindustrial CC -OT, City Center 0115cwTech CC -P. Ci Center, Public CC -R. City Center, Retail CC -RE. City Center, RetaillEntertainment FRD, Future Restricted Development 1 1. Light Industrial General Indusinial 1-3, Heavy industrial 0. office P-1, PublieRnstitatkinall PUD. Planned Unit Development ESS RMF -11, Multiple Faml.y 1 RMF -2, Multiple Family 2 RMF -3, Multiple Family 3 WFA. Muftiple Family 4 RSF-1, Sinle Farmly Detached 1 kSF-2, Single Fanrly Detached 2 RSF-3. Single Family Detached 3 RSF-4, Single and Two Family Lakes WOODDALE NORTH PLAT TWO BEARINGS SHOWN ARE ASSUMED EGAN, FIELD R NOWAK, INC. DENOTES IRON MONUMENT SURVEYORS SCALE IN FEET: 0 loo 200 36o 460 560 DRAIRAGE AND UTILITY EASEMENTS ARE 6ND T- szo 1h. hl I,W. E IR111. TI: 11- d- I - p,.p -x t d I t f 111 i- I .. I',%. I I . I , --,R. - , -- 1. ., - — " -, , I , I h., -f ., ". , , I 1, ": _ , .,, , h , i , - r i , I .,. -,- i . , i , p-- -hip. h.. tl... -A-. 1. 1. 4 1, --d y i,, 'I'L l- 1171-1- 1. . l -d y 1. 1., I.PTI; lh. ft-ll In, I 1,7- 7. 1111,1r, 1: A b I i 4. th, K -1-d 11.- 1— lll W,!, 0.1 1-1 A, 1111F. I -11F.l- 11 ' N CPTN I., d, 1- 17 I.b F.. -A T, lhi. p, Iffi-IdUh. I T7y h- lb— r-i- 1. I,, h 1- d by Mi-,,- ql.,.t.,. 1-1- -'-. "-1 ....... T" i b 1- LITT I 11 PI 71111 T11, I US I b, 9— _i,, _,i.— p"p"' ty,' b"', 1— -d dl-lih d "I I,'— I.e thl. U- .. F.I.I.,I, 11 ... ,i I ,,dll- M i. p- -1 --L. L;- F 1-, tbi I— b— igs_. iURTIl Fl- TbO .- Fil.J 1%, --rd jr, W. .1 R. D- R Rl-.r r Tit— h I.PTI; lh. ft-ll In, I 1,7- 7. 1111,1r, 1: A b I i 4. th, K -1-d 11.- 1— lll W,!, 0.1 1-1 A, 1111F. I -11F.l- 11 ' N CPTN I., d, 1- 17 I.b F.. -A T, lhi. p, Iffi-IdUh. I T7y h- lb— r-i- 1. I,, h 1- d by Mi-,,- ql.,.t.,. 1-1- -'-. "-1 ....... T" i b 1- LITT I 11 PI 71111 T11, I US I b, 9— _i,, _,i.— p"p"' ty,' b"', 1— -d dl-lih d "I I,'— I.e thl. U- .. F.I.I.,I, 11 ... ,i I ,,dll- M i. p- -1 --L. L;- F 1-, tbi I— b— igs_. iURTIl Fl- TbO .- Fil.J 1%, --rd jr, W. .1 R. D- R Rl-.r r Tit— Subject Property Wetlands Water Main Storm Sewer Sanitary Sewer Drainage & Utility Easment Plymouth, 1a 1,6 )AVE T AVE NN 5() -TVA PL Qu LU01-- D 50TH AVECID U) < R[) 0 Schmidt Lk. Rcd. 49TH AVE !Y 0 C: U-1 C:1 -3> U 51 1 0;N, 10 48TH AVE W 0 a 10ill-Imiskmai 09-118-22-32-0084 Development: Woodale North Access: 49th Ave. Owner. Woodale HOA Zoning: RSF-2 Size: 1. 76 total acres Guiding: LA -1 buildable acres Wetlands - (ves-small low qual.) note- majority of outlot is a drainage & utility easement for ponding Feet 0 187.5 375 750 1,125 1,500 Guiding Comercial (C) Living Area 1 (LA 1) Living Area 2 (LA 2) Living Area 3 (LA 3) Living Area 4 (LA 4) Living Area Rural (LAR) Public/Semi-Public/InstitutionaI (P-1) Commercial Office (CO) City Center (CC) Planned industirai (ip) MED LK Lakes Zoning 8-r-, Business campus C- 1. Convenience Cornmercial C-2. Neighborhood Commercial C-3. Hqhway Commercial C,41. Community Commercial C-5, CormnarcraVindustrial CC -OT, City Center OflicefTech CC -P. City Center. Public CC-R City Center, Retail MIRE. City Center, Retail(Entertainment FRD. Future Restricted Development 1-1. Light Industrial 1-2. General Industrad 1-3, Heavy Industrial 0. Office P -I. Publiclinstitubonal PUD. Planned Unit Development RM F-1, Multiple Farruly 1 RM F-2, k1uhple Family 2 RMF -3, Multiple Family 3 PJAP-41, Multiple Family 4 RSF-1, Single Family Detached I RSF-2. Single Family Detached 2 RSF-3. Single Family Detached 3 RSF4. Single and Two Family Lakes ROLLING HILLS PARK N 0. S K Y L E qNW -f S '12; Al 1,22 N83-00' WE 12L2.BOkV'14. or C 90.00.- 7 vD..- f..z Za 8.24 t! U) ease UJ LLI j uj I - - - - - - z LLJ411, W uj L W 2 LL0 Ez T 4ST:i W.2 W 0 1:1 I Z; I- ui 3 U) LJ ui 14 LLJ LLJ 1. CIS, - - Z.; U) L C f.ACE La 071 r T.. 0 o L 0"fp N. ` 71 031k1z;I 2'. 0 0 U r 0 rZ-. Gj uj LU L5 L. CL7 . . . 94.4 --SS7'34'lB'W .209.(12 ZG 31.02 12, r R. 2 2 NCofSwI/,- all se.- T; 'B-. 977..5Sw '0' 'f 5 .'r /V N.. IN. C..AD CELT%. WS LENM ..7-L: ?2::' 5. SO 08' 214 -22 -: 4 N: I '.' : " ..' . 39-1, Nu. C3 NCS -22-56-E 3-6 ..25:50 30- T l WW 34'" 14 111:0 7 58- W.00 .36-67: N87-114' 1."E 3... 5-6 .:. 1. .1 IS N 77.. olifityo ol D oi'op' eoscme'l's Cl'.W 20-82 5126. 0-5 28.02 T3 N 6 26' 13' f 25... a- sno- Mus; 17C. N ll'. 10-ll 0: 311 4 1: j7d .5I 9-2 TIO NO2-59- 07"E ....5 I. " 3 1: 7 - 13-e x CS N75'17' 201 1490:23 23-17- CG- :4? T 12 IN26 15.0o01:2TI CID. S75-17- ZC"E 119.90 23-27- .6- 235... 120. 5 NCI _.,: I 5.4 De,C7'Cs 110, C l N0.1:30 36-E V.2 2-57- 05 1654.53 a7.279 .::. . ... Til N- .. , C... C'. . 2-W 0- 1-02- 02: 16 4.53 3015a T l N I'l: l I:: l56- S:1:422"" 14 ... T . I C.4 1-1 "' 4:C 2 3. T a7 N -0 -W2E 'a 1 N15 -Il "W A421 2'- 7-... 1' :9-1 S%l: R -E 50,00 T010' 1. N00-51 3,E "EI.11 3'1 I- M4.11 'I N-25' 1425-. 75- 7..354. lofee2li' on 711;cc 21 T2 Na7 '00' S3"W5 n ..R.59. W -E117cs, as s,own o "11/1 so 1 Tl 112 1 1: 11 g1:11 a :' ,: I Mc COMBS -KNUTSON ASSOCIATES, INC. SCALEIN FEET E 11 G I E E . . S u R v E y 0 R S SHEET 3 OF 3 SHEETS rr J_ N Z 48TH- iA L x RIFV, ANWIF PM, F] FT L: 4 L fA A-41 046 JAW.- Aiii Subject Property Wetlands Water Main Storm Sewer Sanitary Sewer Drainage & Utility Easment City of Ply-outh, nniasmt. 12-118-22-32-0038 Development: Rolling Hills Park Owner: Rolling H11/s Park HOA Size: 1. 24 total acres 1.24 buildable acres pt I 4,9,,, 49TH AVE< 0 0 rn J 0 49 1 I x0 k5> z 48TH AVE0 N 48TH ANIS T City of Plymouth Y 4 17TH PLTrailOutlot M -48T C) 0 co n 0 0 46TH PL, 47TH AVEJ M 0 J U) Access: Zachary Lin. Zoning: RSF- I Guiding: LA- I Wett"aln.f.-I.S. - none Feet 0 187.5 375 750 1,125 1,500 Guiding Comercial (C) Living Area 1 (LA 1 Living Area 2 (LA 2) Living Area 3 (LA 3) Living Area 4 (LA 4) Living Area Rural (LAR) Public/Serni-Public/institutionaI (P-1) Commercial Office (CO) City Center (CC) Planned industirai (ip) IVIED LK Lakes Zoning B -C, Business Campus C-1. Convenience counneicial C-2, Neighborhood Commercial C-3. Highway Cmme,ci.1 CA Community Commercial CA Comrivi-ciaNadustrizil cc-oT. City Center EffloalTach CC -P, City Center, Public Ell CC_R City Center. Retall CC -RE, City Center, ReWIfEntertaTriment FRO. Future ResVicled Development I L, Light Industrial 1-2. General Industrial 1.3. Heavy Industrial 0, Office Ell P-1. PubIrciInsfilutitinal M PUD, Planned Unit Development KSN FZMF-1, Multiple Family I RMF -2. Multiple Farmly 2 RMF -3. Multiple Family 3 RMF4, Multipte Family 4 RSF-I. Single Family Detached I RSF-2, Single Family Detached 2 RSF-3, Sinle Famly Del..hed 3 FtSF-4. Single and Tviin Family Lakes SHEET 2 OF 2 SHEETS GONYEAS THIRD ADDITION C.R. 6.00 DOC. NO. EARINGS SHOWN ARE ASSUMED EGAN, FIELD 8. NOWAK, INC. DENOTES IRON MONUMENT SURVEYORS SCALE IN FEET: i 1309.51 33 Me wau— OX ISA CD L 7 14 Ld z BAB srw 16 Sri vi 10 to ZACHARY 4 115 LANE 13 NORTH SHEET 2 OF 2 SHEETS Subject Property Wetlands WaterMain Storm Sewer Sanitary Sewer Drainage & Utility Easment Iymouth, 11i'nYn.ota 13-118-22-33-0095 De velopment: Gon yue-, a's 3rd A ddi ion Owner HOIA. Inc., Michael Mon 1 Size: 1. 03 total acres 1.03 buildable acres 0 125 250 500 ccess: 8t Ave. Zachary Ln. oning: Guiding: LA -1 Wetlands - none 750 Feet 1,000 6 Guiding Comercial (C) Living Area I (LA 1) Living Area 2 (LA 2) Living Area 3 (LA 3) Living Area 4 (LA 4) Living Area Rural (LAR) Public/Semi-Public/institutionaI (P-1) L Commercial Office (CO) City Center (CC) Planned industirai (ip) MED LK Lakes Zoning B -C, Business Campos C- 1, Convenience Commercial C-2, Neighborhood Comffiercial C-3, Highway Commercial C-4. Community Commercial C,5. Commercial/Industrial CC -OT. City Cerrler OfficeiTech CC -P. City Center. Public CC -Ft. City Center. Retail CC-Rr. City Center. RetailfFatertanment FRD, Future Restricted Developrimt 1A, Light Industrial 1.2. General Industrial 1-3. Heavy Industnal 0. Offire P-1, Poblicllnsfiwfional PUD, PJannLd Unit Development RMF -1, Multiple Family I RMF -2, Multiple Family 2 RAIF-3, Multiple Family 3 RMF -4. Multiple Family 4 RSF-1, Single Family Detached 1 F --J RSF-2, Single Family Delached 2 RSF-3, ShVie Family E)elached,3 RSF4, Single and T Family Lakes M 0 H AV,, UNION TERRACE WAY I, 0, 1 3 9TH ED 38TH AVE 0 0 37TH PL4 0 5 UI 0 Go z D AR90 37 C, z 36TH PL 1 36TH PL ccess: 8t Ave. Zachary Ln. oning: Guiding: LA -1 Wetlands - none 750 Feet 1,000 6 Guiding Comercial (C) Living Area I (LA 1) Living Area 2 (LA 2) Living Area 3 (LA 3) Living Area 4 (LA 4) Living Area Rural (LAR) Public/Semi-Public/institutionaI (P-1) L Commercial Office (CO) City Center (CC) Planned industirai (ip) MED LK Lakes Zoning B -C, Business Campos C- 1, Convenience Commercial C-2, Neighborhood Comffiercial C-3, Highway Commercial C-4. Community Commercial C,5. Commercial/Industrial CC -OT. City Cerrler OfficeiTech CC -P. City Center. Public CC -Ft. City Center. Retail CC-Rr. City Center. RetailfFatertanment FRD, Future Restricted Developrimt 1A, Light Industrial 1.2. General Industrial 1-3. Heavy Industnal 0. Offire P-1, Poblicllnsfiwfional PUD, PJannLd Unit Development RMF -1, Multiple Family I RMF -2, Multiple Family 2 RAIF-3, Multiple Family 3 RMF -4. Multiple Family 4 RSF-1, Single Family Detached 1 F --J RSF-2, Single Family Delached 2 RSF-3, ShVie Family E)elached,3 RSF4, Single and T Family Lakes WEST RIDGE ESTATES FIRST ADDITION BEARINGS SHOWN ARE ASSUMED II!, DENOTES IRON MONUMENT 4 16 J., 14 12 204q. 19 Is a 3jiIs 6 13 14 r 4 9 Laz 2. CQ 1 4 7 aktu "06" ho T 01 0- u 0. 2 A— j Is 31 al tt , L 44; OL 3';qrl 47'0 q7a' 0,90 C3 DO o!" Z -z 02R, $X4. -Pi" LO go z c 4- 9rZ,1 .;,81 z 146r 9 D, . 15 . SCALE IN FEET 0 100 200 300 400 00 EGAN , FIELD & NOWAK , INC. SURVEYORS— SHEET 4 OF 5 SHEETS i A — J fb F 6 *.646 46' 7 AA— A f fill, A41 )i it4 oil, T-1 v V J_ V4"_ 0", Subject Property Wetlands Water Main Storm Sewer Sanitary Sewer Drainage & Utility Easment C'ty of Plymouth, mnewta C pd 7 t t4 14-118-22-24-0047 Development: Westridge Estates Ist Ownec Westridge Townhouse Association Size: 9.26 total acres 2.90 buildable acres ki k IJJ xj 4, C3 0 C) J_ V4"_ 0", Subject Property Wetlands Water Main Storm Sewer Sanitary Sewer Drainage & Utility Easment C'ty of Plymouth, mnewta C pd 7 t t4 14-118-22-24-0047 Development: Westridge Estates Ist Ownec Westridge Townhouse Association Size: 9.26 total acres 2.90 buildable acres Access: Goldenrod Ln. Zoning: RMF- I Guiding: LA -1 Wetlands - yes large - medium quality) M - M IN OEM NUNN Feet 0 315 630 1,260 1,890 2,520 Guiding Comerciai (C) Living Area 1 (LA 1) Living Area 2 (LA 2) Living Area 3 (LA 3) Living Area 4 (LA 4) Living Area Rural (LAR) Public/Semi-Public/institutionaI (P-1) commercial office (co) City Center (CC) Planned Inclustiral (IP) MED LK Lakes Zoning B C. Business Campus C, 1. Convenience Commercial C-2. Neighborhood Commercial C-3. Fhgh vay Gommercial C-4, CommuNty Commercial C,5. Commerciallindusftial CC -DT. City Center OfficefTecirt CC -P. City Center. Public CC -R. City Center, Retail CC -RE, City Center, RetaillEnterlainmerd FRD. Future Restricted Development 1-1, Light Industrial L2. General IndustriM 1-3, Heavy Industrial 0. office P-1. PubficAnstilutional PUD, Planned Unit Development RMF -1, Multiple Family I RMF -2, Multiple Family 2 RMF -3, Multiple Family 3 RNIV-4, Multiple Family 4 RSF-1. Singte Farmly [)elached 1 RSF-2, SingTe Far nt Detached 2 FFFMRSF-3. SinwTe Farnly Detached 3 RSF-4, SingTe and Two Family Lakes IJJ xj C3 0 C) 0 M7— 421404 0 JLL, z itu j. r0 G) Lu 42ND AVE RD 41ST AVt 6,1STAVE Access: Goldenrod Ln. Zoning: RMF- I Guiding: LA -1 Wetlands - yes large - medium quality) M - M IN OEM NUNN Feet 0 315 630 1,260 1,890 2,520 Guiding Comerciai (C) Living Area 1 (LA 1) Living Area 2 (LA 2) Living Area 3 (LA 3) Living Area 4 (LA 4) Living Area Rural (LAR) Public/Semi-Public/institutionaI (P-1) commercial office (co) City Center (CC) Planned Inclustiral (IP) MED LK Lakes Zoning B C. Business Campus C, 1. Convenience Commercial C-2. Neighborhood Commercial C-3. Fhgh vay Gommercial C-4, CommuNty Commercial C,5. Commerciallindusftial CC -DT. City Center OfficefTecirt CC -P. City Center. Public CC -R. City Center, Retail CC -RE, City Center, RetaillEnterlainmerd FRD. Future Restricted Development 1-1, Light Industrial L2. General IndustriM 1-3, Heavy Industrial 0. office P-1. PubficAnstilutional PUD, Planned Unit Development RMF -1, Multiple Family I RMF -2, Multiple Family 2 RMF -3, Multiple Family 3 RNIV-4, Multiple Family 4 RSF-1. Singte Farmly [)elached 1 RSF-2, SingTe Far nt Detached 2 FFFMRSF-3. SinwTe Farnly Detached 3 RSF-4, SingTe and Two Family Lakes HERITAGE WEST 2ND ADDITION '[R -T. DOC. NO. C A. DOC. NO. low uktA THE BASIS FOR THE BEA I G SYSTEM IS 69-0&; ASSkJMED. t zh so 0 50 Do ff; ., q P SCALE IN FEET 14'W 110.00 no 016 V/ow Z/g. 6 DENOTES ?RON MONUMENT 20 umay v, 90.09 1 45'01"W 49S.00 w d 35to9461317-1 J1u 7 0 Ck ORAINAG AND UTILITY EASE&IENTS ARE51z6SHOWN TE HUS1P3 C:212293.0C* 4.29 _.I - — — 11 1IQ L L Z3.24 N 10'—w IWEDGEWOOD L VX BEING 6 FEET IN WIDTH AND ADJOININGIVO*45'01"W Z4.37 00 1 0'4 LOT LINES AND 10 FEET IN WIDTH All 4 EO1 00 ADJ ING STREET LINES, AS S O N ON2pZ, LAT. p Z' ":—-'VO-45,01,1W 220.00 4 -11 6-24' 0 S In" Iq 0, L 129-52- 21 r.- > L3!' 590-w- J 1-6-- 0 . . . . . . . . L14 --(' -Q — V85.9 ft;4- F - I A 'vj 3- j ' U- I Z I I (- - e IC, r) 121 4 Sol cn' 61 CID 6 j LUAV, 9166 C- --- — — — — — — — — 12 . 01 r 263.00 1 14 c 2 ----NO'45'01"W 440,01---- ------- x LFE L A -N E N 0 IR -1 H S A T H A E - 8 F. A G 0 U I S T. I N Cm SHEET 2 OF 2 SHEETS Subject Property Wetlands Water Main Storm Sewer Sanitary Sewer Drainage & Utility Easment r-1-Zlymouth, e ta 15-118-22-43-0063 Development: Heritage West 2nd Owner Heritage West 2nd HOA Size: 3.31 tota /acres 1.23 buildable acres Access: Vinewood Lin. Zoning: RSF-2 Guiding: LA- I Wetlands - yes medium quality) I — — Feet 0 187.5 375 750 1,125 1,500 Guiding Cornercial (C) Living Area 1 (LA 1) Living Area 2 (LA 2) Living Area 3 (LA 3) Living Area 4 (LA 4) Living Area Rural (LAR) Public/Semi-Public/InstitutionaI (P-1) Commercial office (co) City Center (CC) Planned industirai (ip) MED LK Lakes Zoning B -C, Business Campus C- 1, Convenience Commercial C-2, Neighborhood Commercial C-3, Hgl?.ay Commercial C-4, Community Commercial C-5, GorrinuirciaYindustriat CC -OT. City Certler Officeffech CC -P, City Center, Public GC -R, City Center. Retail CC -RE. City Center. RetaiVEnlenainment FRO, Future Restricted Development 1-1 Ligirl Industrial 1-2, General industrial 1.3. Heavy Industrial 0, Office P-1, PublirAnstihitional PUD, Planned Un! Development RkIF-1 . Multiple Family I RMF -2, Multiple Family 2 RNIF-3. Multiple Family 3 RMF -4, Multiple Fornily 4 RSF-1, Single Family Detached 1 F -D RSF-2, Single Family Detact*d 2 Rsr-3, Single Family Dctadd 3 RSF-4. Single and Tm Famly Lakes 0 39TH AVE S, D 09 391 3,9 3 7 -r) -f 38TH W 00 0a - 36-rH AV,7 35TH 10c, 5 Subject Property Wetlands Water Main Storm Sewer Sanitary Sewer Drainage & Utility Easment r-1-Zlymouth, e ta 15-118-22-43-0063 Development: Heritage West 2nd Owner Heritage West 2nd HOA Size: 3.31 tota /acres 1.23 buildable acres Access: Vinewood Lin. Zoning: RSF-2 Guiding: LA- I Wetlands - yes medium quality) I — — Feet 0 187.5 375 750 1,125 1,500 Guiding Cornercial (C) Living Area 1 (LA 1) Living Area 2 (LA 2) Living Area 3 (LA 3) Living Area 4 (LA 4) Living Area Rural (LAR) Public/Semi-Public/InstitutionaI (P-1) Commercial office (co) City Center (CC) Planned industirai (ip) MED LK Lakes Zoning B -C, Business Campus C- 1, Convenience Commercial C-2, Neighborhood Commercial C-3, Hgl?.ay Commercial C-4, Community Commercial C-5, GorrinuirciaYindustriat CC -OT. City Certler Officeffech CC -P, City Center, Public GC -R, City Center. Retail CC -RE. City Center. RetaiVEnlenainment FRO, Future Restricted Development 1-1 Ligirl Industrial 1-2, General industrial 1.3. Heavy Industrial 0, Office P-1, PublirAnstihitional PUD, Planned Un! Development RkIF-1 . Multiple Family I RMF -2, Multiple Family 2 RNIF-3. Multiple Family 3 RMF -4, Multiple Fornily 4 RSF-1, Single Family Detached 1 F -D RSF-2, Single Family Detact*d 2 Rsr-3, Single Family Dctadd 3 RSF-4. Single and Tm Famly Lakes 11 I is" --op V7, Y - 1 —1 11.1 HARBOR PLACE R.T. DO,' NO. 50 0 m N T 17 R GRAPHIC SCALE IN FEET BEARINGS SHOWN ARE ON AN ASSUMED DATUM. 4: r 1.s i- rn-- LIS, ne, h SO-05*44"E C1.11 r- JUTERSTATE 5 4 2 0 0 3o, 7 P, 2 Ol L Lou -1 L W. L t- v. -j 44-C, X x I"" !El- , 4, IM30 s5l GLACIE LA 7R 11-W - — 1c, I I E -i "I, j, r4 5 k, 14 3. 3. 2 0 315.00 Tc T _47NO -32'06"W 16 pe 3 er. - L" 4X7 7 F e- 17 2 0 z p 9 1, YL ILL, j d, cr.00 I00 20 19 r r4AI ed p Z 2 AZ LANE f,.5B ARBOR 320.00 236.25- NO -58'40"W0F! NO -55'50"W NO'58'40"W A N E, C 7 7 v Dralhag and U1011Y Easement, are shown Inus; X. LID OV., Iva I-4A/D RL19VEV0,?.q 5-1-" feet h idlh and adjohing loi lines, uhl- h.-me Lndl.at.d, and 10 leal In w1alh and adi-ini-g SI -1 line, as She.. on in. plal. Sheet 2 of 2 Sheets Subject Property Wetlands Water Main Storm Sewer Sanitary Sewer Drainage & Utility Easment 33-118-22-14-0047 Development: Harbor Place Owner. Harbor Place HOA Size: 3.25 total acres 3.0 buildable acres r101pc),t9 of Plymouth, Minnesota 0 187.5 375 A ccess: limited Zoning: RSF-2 Guiding: LA -2 Wetlands - small amount of medium quality 750 1,125 Feet 1,500 Guiding comercial (C) Living Area 1 (LA 1) Living Area 2 (LA 2) Living Area 3 (LA 3) Living Area 4 (LA 4) Living Area Rural (LAR) Public/Semi-Public/institutionaI (P-1) Commercial Office (CO) City Center (CC) Planned industirai (ip) MED LK Lakes Zoning B -C, Business Campus C- 1. Converuence Commercial C,2. Neighborhood Cornine,rcial C-3, I-Ighway Commercial C-4. Community Cormnercial C-5, ComirrierciaLfInclusural CC -OT, City Center OfficafTech cc-p city Center, Puhlic CC -R, City Center, Retail CC -RE. City Center, RetatifEntertainmenrl rRI), Future Restricted Developmerit 1-1. Light Industrial 1-2. General Industrial 1.3. Heavy Inclustfial 0. 0gice P-1. Publimmututional PUD. Planned Unit Devebprue"t ESS RMF -1. Multiple Family 1 RMF -2. Mu%ple Family 2 RMF -3. Multiple Family 3 RMF -4. Multiple Fanfly 4 RSF-1. Single Family E)etached 1 RSF-2. Single Family Detached 2 RSF-3, Single Family Detached 3 RSF4, Single and Two Family Lakes 33 L . CJ I .O PLYMOUTH CREEK 2ND ADDITION so CHO 0 a RADIUS L At NBB-29-CE"E 5 2.4 4 Oa A EN V THESE PAESENTS; That Th. Tiptch fee .- .1 the ,,, a Hinre.Ia rjud aate. I. ty Or H-Pir, State OF .1nn t. NaG 457' E Cl S -4S 1. 41. 44?" 55B.96 242.12 j EC MOUTH CREEK, according I, the bl It ,,r 11I' 2 251.5o TIO S52- 0 4 25:.. fi I in I he OF nCI1 flat Of tl C -L, in far aid c-ty. 42 2 9 35 il:: to 46 91 C5 S36.0.29..w CG S 3 -35 -DI'. 43.6473.Cl WY4 Cor Sen 16. 204.5392.36 77118, R. Z 2 C7 1176:370: 00'. Co. A40n.) 53-00- 00:: cu is u And SNI c, u 59 C7 that ark N,tlml a hk OF S%-" I. 0 Iti.nal ..nkiHg selati.tian, Lgagea Or the am_ Zal 'ibd. tiat 13.ab48.17 6-54- SV 25-30- 00' o L. P' a. 49.9 29-17C;Cj S 9 OVIE 262.06 35-10-00. o y US.91 and Platted FLY _UEK an. Ad Iree _IC .a dddicut- TO the 1fl.11 15-W DO 4 54 . 56. 211:.41 P tllc For NblicTA.. forlf 11112111 A.- - a. Hr.d, Ca.t I. the Cit, OF pl'.._ I 19 '11 5 175.15 I. iji I, and -inage es -It, as - On' 'he 'ja, C14 N42 -50-00-W 2 1 kIn 225.15 iLn,,, 1 .... I I- TIpL,, CJS N52 -4D' DO- . CJG N89 - 25- 00"W s I G22293 6 2 56 350.77 lald ...,.-ldn, Is Ptesehl s1ped I, it, PI.p.t Fri. C37 NBC -47- 35" E J, 8.43 18-35. 09. 366 -Se a I ,FiltfSsigna III S11 1' :11.'E C, S_ AD 00 E 7 I'd WMW 3S'2D' 00: yp,. I, be1. r InNP,.p I . 'i . _, IS - day Or T.3 C9 C a", 2" L V I a.. 10 13 T Z 14 C PC -A. 0 4 -0-MW e, r e' 5L0 15ERAP2 , 16 19 20AA-d,4 9 a 7 is X C, bio 110 BE.RING CHO 0 a RADIUS D: t3 At NBB-29-CE"E 5 2.4 4 5* e, ilC., S -4S 240.2a 24-09- 03" 55B.96 242.12 C3 S53-32- 56" E 2 251.5o TIO S52- 0 4 25:.. C4 502-22'35"E 42 2 9 35 il:: to 46 91 C5 S36.0.29..w CG S 3 -35 -DI'. 43.6473.Cl WY4 Cor Sen 16. 204.5392.36 77118, R. Z 2 C7 1176:370: 00'. Co. A40n.) 53-00- 00:: 110 BE.RING CHO 0 DELTA RADIUS LE 4`r At NBB-29-CE"E 5 2.4 4 5 '22-38" 558.98 S -4S C2 572-20- 09" E 240.2a 24-09- 03" 55B.96 242.12 C3 S53-32- 56" E 255:1,1 11:11: 11 TIO S52- 0 4 25:.. C4 502-22'35"E 42 2 9 35 il:: to 46 91 C5 S36.0.29..w CG S 3 -35 -DI'. 43.6473.Cl 6 9 59" 204.5392.36 A 3 . 7Z75 C7 1176:370: 00'. 156.30 53-00- 00:: Oc DoC:Co is u C5 S:0.4 3 4 SNI 753: 31S 4 59 C7 C9 5 6 27' 25-E C 5 JS N84.25, 00" E 13.ab48.17 6-54- SV 25-30- 00' 41... 110:18 49.9 29-17C;Cj S 9 OVIE 262.06 35-10-00. 400 7 US.91 1,131 1-12 11: 10"1 1fl.11 15-W DO 4 54 . 56. 211:.41 C . " EO00 19 '11 a:DO 00 175.15 207 7 C14 N42 -50-00-W 2 1 is DO Do- 225.15 50.94 CJS N52 -4D' DO- . CJG N89 - 25- 00"W s I G222936 35 20 DO- 39 ID: 00 56 350.77 255.65 233.66 C37 NBC -47- 35" E J, 8.43 18-35. 09. 366 -Se 31-15 III S11 1' :11.'E C, S_ AD 00 E 4S.116S.79 WMW3S'2D' 00: 31S.71 439 56 250 31 27 1 C. S:2 3C` CO -E 52.25 15-00-00 200 :Is 07SL40 NO SEAA ING DISTANCE Tj SO 5 00 00-W 53-65 T2 111-10 "" 14..Ss T3 1171 -30: DO -E TO' NOD -03' CD -E 13 2 : N, TS N45 -00-00-E 53-65 TE NOD -03 -O. -E T? 57 -00-00-W 237.9740.0 0 T. SIO:O '00- 50.00 TS S" 11:31 TIO S52- 0 4 GO T 1 1 N35:00:00 . jo..Do T12 HS9 S 511-W TJ3 M -5-:51-E 29.48C8.Dj aTj4N71:30, 0 'E 110.09 TJS 1.1? 3 00-6 Is DO T s S71 -30.0o.. 5:73 T .00:05 09-E 4C.00 T18 NOO PCZ: D ETIS51E Oc DoC:Co T20 C0'.O DO -E 25.00 T2J N0:00 DO -E 25.00 T22 SP7 30-00'. T23 W?O - W CO -W 3.2, Oo oc TZ . 720: C' DO" E 4E:e T2 S D OC-OVE 57.ja TH S32 -W54". 92.5 F SCALE it] FEET 01-11 /- "01--7' srcLED: W TiPtCH CW TLO ay: ft D Mc COMBS -KNUTSON ASSOCIATES, INC. E N G I N E E R S A N D 5 u A v E y a , s Tre rureg.ing inst-nt I .,a . this 2L day Or 'G, Tipt,, Crp,ratim, 11 CO.- .1 sat. 51el' Y -ESOM CW.ry X T11 f i.; inst, a kra edg4r' C" mr, thl9S IA ayOrrf S Or In, I. rk Cank" 'tl_ On teral, n n C -l" III I H- I -eyed a. pl-ed! "I red "I I'll, I Inis PIC, as ,TS C EK 14 AXITM: that thl. plat N . .11i.t I.pl.e-- 11 , 1, 1,Ct nd 12aths OF . r..t at L:16:, raC s, s...; 'h .a to.wary lines Or . ..... tly pl.ced In the there - I CIL.- . Ce d,sig 'Ce. an said P"I. a - R,_/_ ..) h. j2,C-Cy- -n. L11. .1. 1093a SrAIE y HWIELUIC NTI 1Y Z IEPIH rm, r ... g,i,3 5_,yd,.5 C,,tific,t, I barore me t,is2ZSra,, 23 by F.t A . a.gb.h, Land S-eyor. T,C,,y P,blLc. IhIp ftt . 1 .* . . y C-n's-'- .-'- d,-2 L? , P4 V OUT, rhi.'plot Of PLI TH CA --EK 210 AWITION - app -ed and accedLed Dy tr CityiIfall `1 21 ll,,,tn, Hfnn-., at . aglaj "CLing therlor r1la an, s a, 19a. all * p,1,1,,Il, ln.,rlll- -abhl I C Cjssj r I ran L.tj.n bne Cwhty High - Cy Eh3ineer n- We, received by the City or the pres,rlb,d 30 day PC 'lad as I OF b,C, _nts and as Provided ty5C5.C3. Sada. CIT, C', il ym Hl.;Esor Cl.ek EginCeb PWPERTY TWTIC DEPARTHEnt, H,nnePin C,unty, Hi-IsOte 1 herety Cerciry III th- are 11 1111L 1,1 11, prldr111 ,bayChi 19 by: SURIE1 X iSIC,1, an,apin C-ty, ihnes.t. P -ant to Chepcer 310o 4innce- -S Of 069, this P1.1 has been p*pr ... A anis - by 0, , I 5L-. AMEAr _ , M TY YEYGR ov: EC AER, C-oih C.-ty. .1n...t. C -11Y I'll 11 ILHIn let Or 11.1H mEEI 1. -IT1. a.. Filed Fee_ in "Is fr C. this CaY Of ci.ck _.., - _. 1_ at OM '.Ak SON, COUsN RECCAUR SHEET I OF 2 SHEETS Subject Property Wetlands Water Main Storm Sewer Sanitary Sewer Drainage & Utility Easment P011ty of Plymouth, M.'l.ta 16-118-22-23-0066 I 0 0 1% 0 4- 41 ST AVE Fri 0A '< 4W -P7 ': '0' b' NIS JD 60 p, c 41 S1 CIO Iry C, 0 T. co 0 39THa AVE N N'i N NN11 '00L I 61 LR N N A L ii N 00% Development: Plymouth Creek 2nd Access: 41stAve. Owner. Plymouth Creek HOA Zoning: RMF- I Size: 2.60 total acres Guiding: LA -2 1. 15 buildable acres Wetlands - yes better determined by wetland delineation) (medium quality) within Plymouth Creek and Turtle Lake Shoreland Overlay Districts) Feet 0 190 380 760 1,140 1,520 Guiding Comercial (C) Living Area 1 (LA 1) Living Area 2 (LA 2) Living Area 3 (LA 3) Livi n g Area 4 (LA 4) Living Area Rural (LAR) Public/Semi-Public/InstitutionaI (P-1) Commercial Office (CO) City Center (CC) Planned industiral (1P) MED LK Lakes Zoning B -C, Business Campus c-1. Convenience Commercial C-2, Neighbcahwd Commercial C-3. I-IgIrmay Commercial C-41. community Commercial C-5. CommerLialfIndustrial CCOT. City Genter0fliceffech CC -P, City Center, Pubtrc CC -R, City Center. Retail CC -RL. City Center. ReLailfEnterLainmenl FRD. Future Restricted Devesopowt L—A 1-1, Light Industrial t-2, Ge..l Wustrial 1-3, Heavy Industrial o. ofirice P-1, PublicAnslitutonall PUD, Planned Unit De elopmenl RMF -1. Multiple Family I RMF -2. Multiple Family 2 RMF -3. Multiple Family 3 RMF -4, Multiple Family 4 RSF-11, Single Family Detached 1 RSF-2. Single Family Detached 2 RSF-3. Single Family Detached 3 RSF-4. Sbgle and Two Family Laes kN I- -' ' 46 e CENTRAL AISLE WALKWAY FOR SAFE MOVEMENT OF SPECTATORS RAISED SEATING AREA 18" PER TIER LARGE LIMESTONE BLOCK RETAINING WALLS HEAVY SHRUB PLANTING ALONG POND SMALL ViTROOM BUZL D NG LzFET.rmE FITIVESS MUSICALLYTHEMED HILDREN'S PLAYGROUNDj WORKED AR UND EWTING MATURE T7REES ENTRANCE WALKWAY b—RiSEABLE'THIi STRINGS AND FRETS OF AN INSTRUMENT MUSICAL INSTRUMENT SCULPTURES PLANK ENTRANCE WALK EXISTING PATHWAY ENTRANCE povouT C'T VITY OF PLYMOUTH MINNESOTA TREBLE CLEF GARDEN Mll 0 97 RAISED AND TIPPED TOWARD PLYMOUTH BOULEVARD TREBLE CLEF CONSTRUCTED OF DECORATIVE IRON FENCING AND HEDGING EARTH RETAINING WALLS CONSTRUCTED OF LIMESTONE DRY STACKED TO MATCH CITY HALL FACILITY NAME ON FENCING AT BACK OF CLEF ON DECORATIVE IRON FENCING PLYMOUTF. CITYHALI PLYMOUTH PUBLIC SAFETY ADDED AccF sibiFIVJALKwAy V KEYBOARD PAVEMENT FOR WNDOR CONCESSION STANDSi INCLUDING MUSICAL . NOTE STANDARDS F0 R LIGHTING AND POWE SUPPLY TO CONNEC SOCtATED ET PARKING STOM 'MUSICAL NOTE'LIGHTIN G WIT] HILDE CENTER NAME MUSICAL INSTRUMENT SCULPTURES DOUBLE-FAcED ELECTRONIC READER BOARD DECORATIVE PAVEMENT A"a C"Azgz CCT7V rITYOF PLYMOUTH, MINNESOTA CHILDREN'S PLAYGROUND POND BOARDWALK To TRAILS AND PLAYGROUND RE -ALIGNED PATHWAY T CENTRAL AISLE WALKWAY FOR SAFE MOVEMENT OF SPECTATORS LIFETwE FITNESS 0 - . 'I WOODLAND PERENNIAL GARDENS IDECORATIVEIRONFoTAINAND PRECAST BASIN R STORED'BIG ;VOODs' ECOSYSTEM SOFT SURRACED TRAILS AND EDUCATIONAL SIGNAGE EVERGREEN BUFFER PLANTINGS MUSICAL INSTRUMENT SCULPTURES DOU13LE-FACED ELECTRONIC READER BOARD PLYMOUrf CITYHALL ADDED ACCESSIBL W4LKWAY PLYMOUTH PUBLIC' SAFETY SMALL RESTROOM BUILDING FOOT BRIDGE KEYBOARD PAVEMENT FOR VENDOR CONCESSION STANDS, INCLUDING MUSIC, NOTE STANDARDS FOR LIGHTING AND PO SUPPLY ALL P G LOTACCESS NEW SIDEWALK ENTiANCE W CWALLSCONSTRUCTED OF LIMESTONE T, D ITAIKE ATC1DRYSTACKEDTOMATCH CITY HALL GUEST VEHICLE DROP-OFF WITH BOLLARDS WALLS CONSTRUCTED oF UMESTONE N DRY STACKED TO MATCH CITY HALL NEW SIDEWALK ENTRANCE AT THE LOCATION OF THE ExiSTING PATHWAY ENTRANCE ON -STREET PARKING— Assocwus, LTD. U- Mo Dl - 1— 0 PLymo MUSICAL INSTRUMENT SCULPTURES DOU13LE-FACED ELECTRONIC READER BOARD PLYMOUrf CITYHALL ADDED ACCESSIBL W4LKWAY PLYMOUTH PUBLIC' SAFETY SMALL RESTROOM BUILDING FOOT BRIDGE KEYBOARD PAVEMENT FOR VENDOR CONCESSION STANDS, INCLUDING MUSIC, NOTE STANDARDS FOR LIGHTING AND PO SUPPLY ALL P G LOTACCESS NEW SIDEWALK ENTiANCE W CWALLS CONSTRUCTED OF LIMESTONE T, D ITAIKE ATC1DRYSTACKEDTOMATCH CITY HALL GUEST VEHICLE DROP-OFF WITH BOLLARDS 0 "a".1111111w - 011 t CITY OF PLYMOUTH, MINNESOTA cd*&?9z, 6--Pr7l- MUSICALLY THEMED CHILDREN'S PLAYGROUND POND BOARDWALK TO TRAILS AND PLAYGROUND SEATING AREA FOR POND VIEWING POND PLAZA RAISED SEAT WALL CREATES FORMAL BORDER TO POND nFICORATIVE PAVING CENTRAL AISLE WALkWAY FOR SAFE MOVEMENT OF SPECTATORS WITH MUSICAL TES DECORATIVE IRON FOUN AIN—_ 0 rANDPRECAST B S IN KEYBOARD PAVEMENT FOR VENDOR/ CONCESSIO STANDS, INCLUDING MUSICAL NOTE STANDARDS FOR LIGHTING AND POWER SUPPLY,/ N 1'14-'-' RESTORED 'BIG WOO SOFT SURFACED TRAILS AND EDU PAVED To RESEMBLE TRr&7932GSOAND'FRETS bF V INSTRUMENTI- . ORNAMENTAL EENCING ADJAICENT TO WALKWAY MUSICZINSTRUMENT SCULPTURES FLANK ENTRANCE WALK MUSICAL INSTRUMENT SCULPTURES EVERGREE14-*FPER PLANTINGS WALLS QONSTRU(;rED OF LIMESTONE DRY STACKED TO MATCli CITY HALL NEW SIDEWALK ENTRANCE AT HE LOCATION - OF THE ExiSTING PATHWAY. ENTRANCE PARKING i, LTD. CUSTOMNUSICAL NOTE'LIGHTING WITH---- HILDE CENTER NAME TREBLE CLEF GARDEN RAISED AND TIPPED TOWARD PLYMOUTH BOULEVARD TREBLE CLEF CONSTRUCTED or DECORATIVE IRON FENCING AND HEDGING EARTH RETAINING WALLS CONSTRUCTED OF LIMESTONE DRY STACKED TO MATCH CITY HALL FACILITY NAME ON FENCING AT BACK OF CLEF ON DECORATIVE IRON FENCING ADDED ACCESSIBLOWALKWA PLymol CITYH, PLIafouTH SAFETY Ti ERED PLAZA AREA FOA VEIJDOR FooT BRIDGE LKWAYTO CONNE CITY HALL i SIDEWALK ENTRANCE orWALLSCONSTRUCTED OF L IMIMESTONE DRY STACKED TO MATCH C17Y H. GUEST VEHICLE DROP-OFF WITH BOLLARDS DOUBLE-FACED ELECTRONIC READER BOARD DECORATIVE PAVEMENT Upr 0 T4 10 dw A k1lids - Ljoonb6 Amifow AM io-004 L %W- No, ft L fro It 1r; PM lot. 'A 00100, 410, M4iV IL ol IOlt C121-0 VM ZA AREA SECTION nA_