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HomeMy WebLinkAboutCity Council Packet 12-19-1995CITY OF PLYMOUTH AGENDA REGULAR COUNCIL MEETING DECEMBER 19, 1995 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 7:00 P.M. 2. ROLL CALL 3. PLYMOUTH FORUM - Individuals may address the Council about any item not contained on the regular agenda. A maximum of 15 minutes is allotted for the Forum. If the full 15 minutes are not needed for the Forum, the City Council will continue with the agenda. The City Council will take no official action on items discussed at the Forum, with the exception of referral to staff or Commission for future report. 4. PRESENTATIONS AND PUBLIC INFORMATION ANNOUNCEMENTS A. Recognition of Carole Helliwell, Councilmember At -Large, and John FAson, Councilmember Ward 4 5. APPROVE AGENDA - Councilmembers may add items to the agenda including items contained in the Council Information Memorandum for discussion purposes or staff direction only. The Council will not normally take official action on items added to the agenda. 6. CONSENT AGENDA - These items are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so request, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. A. Approve Disbursements B. Approve Final Plat for French Ridge Park 2nd Addition located west of Northwest Blvd. and south of County Road 9. Janco, Inc. (95098) Items require 5 affirmative votes of the City Council for approval. REGULAR COUNCIL MEETING December 19, 1995 Page 2 C. Designate the City Council as the Board of Zoning Adjustments and Appeals D. Approve Elm Creek Playfield Construction Budget E. Renew 1996 Licenses for Kennel, Gasoline, Target and Trap Shoot, and Amusement F. Approve Site Improvement Performance Agreement Reductions: 1. Tony Eiden Company/Courtyards of Plymouth Oaks (94049) 2. Laukka Williams Parkers Lake/Parkers Lake North 10th (93067) and 11th Addition (94032) 3. Rottlund Homes/Pintail Villas (93055) G. Establish 1996 Health, Dental Benefits for Non -represented City Employees H. Establish Annual Compensation Adjustment I. Establish January 30 as Annual Legislative Dinner J. Award Contract for City Center Council Chamber Media Equipment and Installation K. Approve Purchase of Capital Equipment for Traffic Enforcement Unit L. Approve Reductions in Required Financial Guarantees: 1. The Ponds at Bass Creek 2nd Addition (95082) 2. French Ridge Addition (94159) 3. Courtyards of French Creek Addition (93034) 4. Sugar Hills 3rd Addition (94044) 5. Savannah Addition (93112) 6. Eaglewood Addition (92110) Items require 5 affirmative votes of the City Council for approval. REGULAR COUNCIL MEETING December 19, 1995 Page 3 M. Receive Petition, Order and Receive Engineering Report, and Order Street Lighting Improvements: 1. Westbranch 3rd Addition 2. Nanterre Addition 7. PUBLIC HEARINGS A. Resolution adopting a Housing Program and granting Preliminary Approval for the Issuance of Multifamily Housing Revenue Bonds for the Fox Forest Apartment Project B. Vacation of Drainage and Utility Easements within Lots 4, 5, 6, 7, and 8, Block 4, Holly Creek 3rd Addition 8. GENERAL BUSINESS A. Set Ballot Language and Election Date for Recreational Facilities B. Approve Letter of Intent with Life Time Fitness 9. REPORTS AND STAFF RECOMMENDATIONS A. Establish Subcommittee to Conduct Interviews on January 8 for Board and Commission Appointments 10. ADJOURNMENT Items require 5 affirmative votes of the City Council for approval. DATE: December 14, 1995 TO: Mayor and City Council FROM: Dwight D. Johnson, City Manager SUBJECT: Summary of Agenda Items for December 19, 1995 7 A. Housing Revenue Bonds for Fox Forest Apartments. This is a proposed refunding of old bonds along with about $3 million in new taxable bonds for an apartment complex located at 18th and Magnolia Lane. It has been our practice in the last several years to negotiate affordable housing in conjunction with our issuance of such bonds. In this case, the agreement calls for a payment of $30,000 per year to the City's HRA during the life of the bonds (at least 10 years). 7 B. Vacation of easements. This should be routine and non -controversial. 8 A. Approve ballot language and date for special election on use of CIF funds. The proposed ballot language would seek authorization from the voters to spend $5 million in Community Improvement Funds for indoor ice arena and swimming facilities. The City Charter requires voter approval for spending more than $3 million in CIF funds for any project. The recent Sports Facilities Task Force Report shows a strong and immediate need for indoor ice arena and swimming facilities. Language has been added to the proposed ballot question as requested by the Council to state that no bonds are being issued and therefore no tax levy for bonded indebtedness will be levied. The election is proposed for Tuesday, February 6, 1995, the first available date following the mandatory 45 day interval required by state law. We understand that any future Robbinsdale School District election will be late in February. 8 B. Approve Letter of Intent from Life Time Fitness Clubs. The letter offers to construct a Life Time Fitness Club at 36th Avenue and Plymouth Boulevard in coordination with the possible development of City recreational facilities. The Club would be built immediately adjacent to the proposed ice arena facilities and share a common wall. Life Time has offered to construct both an indoor and an outdoor leisure pool for the City at a total cost of $1,500,000 and certain specified site improvements, principally the grading work, the NURP pond, and the landscaping. Life Time would actually construct the entire parking lot, the lighting, and the signs. The letter proposes that Plymouth residents would have access to the entire Club area for a daily fee based upon the daily fees of comparable public community centers. Life Time would own, operate and maintain the pools along with the rest of the Club, thus assuring the City of no operating deficit on the pools. The letter also offers to incorporate design services for the ice arena complex for a cost of six percent of the construction cost. Altogether, Plymouth residents would have daily fee access to a large, $8 million recreational complex for an investment of about $2 million (separating out the ice arena facilities which we would own and operate). Again, we would have no operating or maintenance responsibilities. It is hard to imagine any other $2 million expenditure that the City either has made or might make in the future that would directly benefit more Plymouth residents on a year-round basis. 9 A. Procedure for filling vacancies on City Commissions and Committees. The Council can either appoint a subcommittee as we did last year or call a special council meeting where all members can interview the applicants. If a subcommittee is the preferred method, we should determine who will be on it. The proposed date for the interviews is January 8 at 6 p.m. 12-111 JP December 18, 1995 Hon. Mayor Joy Tierney •.i `, ; City of Plymouth Plymouth, MN RE: Our property on Zachary Lane in Plymouth ak. QLD Dear Mayor Tierney, X It is my understanding that the acquisition of our property on Zachary Lane is scscheduled to be discussed at the December 19 City Council meeting. I am herewith submitting some information that I believe reflects on the background of this land acquisition. I am enclosing copies of my previous correspondence to Mr. Gary Fuchs and Mr. Eric Blank. My wife appeared at your November 14 City Council meeting to find out the status of your interest in our property because we have never received a response to any correspondence or any offer we have made to the City of Plymouth. Neither did we receive a response to our registered letters directed to you and each council member which were sent in October of 1995. I understand that a special meeting was held on November 27 to discuss the matter of our land, other land and the bond referendum the voters passed in May to purchase same. Once again someone who represents the City of Plymouth stated that the City of Plymouth had entered into negotiations with us for the purchase of our land. Unfortunately, as my wife said on November 14, this is not true. As of that date, we had never received a telephone call, letter, memo or any response to our offers from Mr. Blank, Mr. Fuchs, you or any members of the City Council. 14 months ago Mr. Fuchs did write us a letter enclosing the city appraised value of our property at 61,000 per acre. The letter however, specifically stated this was not to be construed as an offer. Our disappointment in dealing with Mr. Fuchs and/or Mr. Blank is substantial. I would be being kind if I said that they misled the Council in describing their total absence of contact with us as being in negotiations" with the owners of the land. It appears that the balance of funds in the bond issue has been largely depleted and, in fact, there is virtually no money available to purchase our property, even though it was specifically described to voters who voted to purchase the land. It is my further understanding that 1) the city has designated only three of our 20 acres "usable;" 2) there is only $650,000 left in the bond fund; 3) there have been legitimate development offers of more than $1,000,000 for contiguous property; DO, A D 14 SrEWAXt 1440 SW 20 Street Boca Raton FL 33486 407/368-7188 Mayor Joy Tierney Page Two December 18, 1995 4) that by describing our land, yet spending the money elsewhere a fraud has been perpetrated on the voters of Plymouth; 5) less desirable land which will require massive cleanup on either side of our property has been purchased; and 6) it appears that because we do not reside in the area we are being unfairly treated and an attempt is being made to squeeze us out of a fair and reasonable price for our property. As I have repeated in my letters, we would like to resolve the sale of this property in a manner which is appealing both to us and to the City of Plymouth. Our March 27, 1995 Letter of Intent directed to Mr. Fuchs indicated our willingness to sell our property for $65,000 per acre and outlined generous payment terms. This offer expired on August 31, 1995 without a response from the City. Your own appraisal states the land is worth $61,000 per acre which means the City of Plymouth values our portion of the land described in your May 1995 bond issue referendum at 1,244,400. However, "adjustments" for supposed "wetlands" bring the value down consider- ably. Our soil testing proves this area is not and has never been wetland. Current EPA standards support this conclusion. Our land and the contiguous 26 acres was farmed in oats until 1947. The City of Plymouth, in developing their Open Space Program, has apparently been looking for properties like ours throughout the city because you want to preserve open spaces not because you wish to build high rises. Consequently, for your pur- poses, the configuration of the land is irrelevant since you don't plan to do anything with it, and in fact, if it were wetland, it would be more valuable, not less valuable. Recent Supreme Court decisions have ruled that no government restrictions can affect a land price by more than 10%. We have been informed that statements were made at the November 27 special meeting that if the City does not get our land, when we ask for a permit for future development, we will be forced to grant huge areas for park dedication, with the City of Plymouth thus getting our land for free. The City, by it's intentional foot -dragging and lack of any negotiating, apparently feels it can keep us twisting in the wind by placing a cloud over the property by withholding future development permits. This might appear to limit our course of D INA D T, GrENNAItr Mayor Joy Tierney Page Three December 18, 1995 action as the "hidden hand" of local government essentially would make our property unsalable. This may have been common practice in the past but has been proven to be a costly mistake. The City of Highland Beach, Florida attempted a similar game with a property owner and was fined $8.9 million. The City of Boynton Beach, Florida also tried a cute zoning scam to attempt to steal substantial acreage from a property owner. The fine: almost $19 million. Naturally, the public thinks jail terms for all would be in order. The lawyers for your City may advise you differently, but I assure you we are in for the duration should the City decide to "acquire" our property through denial of permits, condemnation, or prevent us from developing it with townhomes or doubling the number of units per acre for affordable housing. The Wall Street Journal has been running a series of articles about illegal takings by local, county, state and federal government agencies. It is interesting to note that in the 15 cases outlined so far, property owners have won every case, including the Supreme Court decision setting the standard (California Coastal Commission vs. The Lutheran Church). We do not wish to "make this a Federal case out of this" but neither are we interested in selling our land for less than we paid for it. We are willing to seriously negotiate terms and amounts if we can talk to someone in authority, someone who is trustworthy and able to make an actual ironclad agreement. Unfortunately, this leaves out Mr. Fuchs and Mr. Blank who have repeatedly lied to Council about entering into negotiations with us. Mayor Tierney, I am sure we can come to an agreement that will be satisfactory to the City and to us without a protracted legal battle which will result in tremendous expenses and fines for the City of Plymouth. As we have repeatedly stated, we want to sell the land to the City of Plymouth for its Open Space Program. We are from Minnesota, retain strong ties to the area with family and friends, and have been attempting to be coopera- tive and do the right thing from the time we received the first letter of inquiry from Plymouth. Please advise the rest of the Council members of this letter and our offer to reduce the selling price of our property to $55,000 per acre to be accepted by or before the first Council meeting of 1996. We continue to offer terms and financing at a reasonable interest rate if necessary. We look forward to hearing of your acceptance or receiving a release of interest from the City of Plymouth by that date. Sincerely, D INAL D 14 G ENA/Alp f March 27,1995 Mr. Gary G. Fuchs Suite 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Dear Mr. Fuchs, I am enclosing a Letter of Intent to Sell and a brief description and history of our land located on Zachary Lane that is the subject of interest by the City of Plymouth. This cover letter is simply to repeat some of the personal observations that I have made to you and Mr. Blank in our brief phone calls but have a definite bearing on price and terms, but more importantly, the timing of a potential sale. My wife and I would love to see this site acquired by the City of Plymouth for a park or greenway. It is a fantastic scenic area and certainly has a wonderful location. Also, as I have indicated, my health is such that personally developing the land as we originally intended to is out of the question. Because of these health problems, "time is of the essence" to make a smooth transition without estate problems, etc. that could tie this piece up for a long period of time. Due to these considerations I have made a proposal that includes terms that we would only offer to the City of Plymouth because of an apparent ease of sale — without zoning and permit requirements that most private development plans would require. Our offer also includes an assumption of timeliness. I cannot sufficiently stress the importance of a timely decision by the City to purchase our property. I must mention that in using the comparables assembled by Mr. Cushman, I have left out his sizeable "adjustment factor" on our land for several reasons: 1) There are no known wetlands on this property. It was farmed by the Eberle family until the 1950s; 40 acres of oats were grown in the section we own. No wetland grasses or EPA -designated signs of wetlands (cattails, specific marsh grasses, etc.) are present even in the lower areas. 1440 SW 20 Street D ANAL, T. J ENA/Adl f Boca Raton FL 33486 Mr. Fuchs March 27, 1995 Page Two 2) The most recent Federal law on takings specifies that even the presence of those conditions will not reduce the property value by more than 10%. 3) Our conversation indicates that our property will be used for a park or greenway purposes which eliminates consideration of builders conditions. Further, it is our understanding that the nature of the land is the big reason Plymouth desires the land. Finally, you may have questions about remuneration for the option to purchase this property. My family has lived in the Minneapolis area for over 90 years. I went to grade school, high school and college in the area. My wife's family is also from Minnesota and, like me, she grew up and attended schools in Minneapolis. I owned and operated the first manufacturing business in the vicinity (Mintex Corporation at County Rd. 73 and Highway 12). I still own manufacturing property at 15600 28th Avenue North in Plymouth. Although we have lived in Florida for many years, we visit often and retain a great affection for our home state. Whatever happens to the property, whether it is purchased for a park by Plymouth, or whether we accept one of the development offers tendered us, we will attempt to preserve the beauty of the land. Sincerely, Donald T. Stewart 1440 SW 20 Street D I IA , T4 J TEN elft Boca Raton FL 33486 Letter of Intent March 27,1995 Mr. Gary G. Fuchs Suite 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Dear Mr. Fuchs, Please consider this Letter of Intent as our intention to sell the property located on Zachary Lane to the City of Plymouth. This land is difficult to appraise as there is almost no close duplication of its size and location in a sale in the immediate area. However, using Mr. Cushman's appraisal as a guide and the outline of contracts on adjacent but less desireable land owned by Johnson Brothers I have defined an asking price that I would hope will facilitate a quick sale. Comparable "A" 53,445/acre (Cushman) Comparable "B" 61,8995/acre (Cushman) Johnson Bros. 81,000/acre (8acres/$650,000) Our property consists of 20.4 acres and a brick/stucco house. The property, entrance and exit areas plus the frontage on County Rd. 73 could be appraised at different figures but I chose to combine all for ease of sale. Our asking price for the entire parcel is 20.4 acres @ $65,000 $1,326,000. Brick/stucco home 125,000. Total 1,451,000. A. We will grant an Option for four (4) months until July 31, 1995 for the City of Ply- mouth to purchase this piece at the above-mentioned price. The remuneration for the Option is that the Stewart name be included in the Park's name. A commitment of good faith must be made by July 31, 1995 in the form of cash or a binding contract. 1440 SW 20 Street , A ADT, J rEVIAXt Boca Raton FL 33486 Letter of Intent March 27,1995 Mr. Gary G. Fuchs Suite 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Dear Mr. Fuchs, Please consider this Letter of Intent as our intention to sell the property located on Zachary Lane to the City of Plymouth. This land is difficult to appraise as there is almost no close duplication of its size and location in a sale in the immediate area. However, using Mr. Cushman's appraisal as a guide and the outline of contracts on adjacent but less desireable land owned by Johnson Brothers I have defined an asking price that I would hope will facilitate a quick sale. Comparable "A" 53,445/acre (Cushman) Comparable "B" 61,8995/acre (Cushman) Johnson Bros. 81,000/acre (8acres/$650,000) Our property consists of 20.4 acres and a brick/stucco house. The property, entrance and exit areas plus the frontage on County Rd. 73 could be appraised at different figures but I chose to combine all for ease of sale. Our asking price for the entire parcel is 20.4 acres Q $65,000 $1,326,000. Brick/stucco home 125,000. Total 1,451,000. A. We will grant an Option for four (4) months until July 31, 1995 for the City of Ply- mouth to purchase this piece at the above-mentioned price. The remuneration for the Option is that the Stewart name be included in the Park's name. A commitment of good faith must be made by July 31, 1995 in the form of cash or a binding contract. 1440 SW 20 Street DONALD T, J rEWAXIt Boca Raton FL 33486 Letter of Intent • Mr. Fuchs March 27, 1995 Page Two B. The sale must be completed by October 1, 1995 by total cash payment or a contract for 29% down at ten years at 91 /4%. C. No resale of our property will be made to commercial enterprise. D. It is my understanding that the State of Minnesota just passed some type of new tax on property. We are Florida residents and have been for many years. Any state taxes, stamps, sales, or income taxes generated as a result of this sale must be added to the purchase price. This condition is not negotiable, as we will not consider a sale to anyone without it. We feel the outline for a proposed sale to the City of Plymouth to be the simplest, most direct way for us to dispose of this land in a timely manner. We expect the City of Plymouth to pay for all related sales and closing costs. As you will note, we do not have a real estate agent or attorney representing us at this time as we recognize this will mean additional savings to the city. However, if we do not come to some agreement by the end of the Option period, we will list the land with a real estate agent on August 1, 1995. Please call me if you have any questions or need additional information. We look for- ward to hearing from you shortly and making Stewart Park a reality. Sincerely, cc: Eric Blank 1440 SW 20 Street D A IA , T j r5NNA11(t Boca Raton FL 33486 Letter of Intent • Mr. Fuchs March 27, 1995 Page Two B. The sale must be completed by October 1, 1995 by total cash payment or a contract for 29% down at ten years at 91 /4%. C. No resale of our property will be made to commercial enterprise. D. It is my understanding that the State of Minnesota just passed some type of new tax on property. We are Florida residents and have been for many years. Any state taxes, stamps, sales, or income taxes generated as a result of this sale must be added to the purchase price. This condition is not negotiable, as we will not consider a sale to anyone without it. We feel the outline for a proposed sale to the City of Plymouth to be the simplest, most direct way for us to dispose of this land in a timely manner. We expect the City of Plymouth to pay for all related sales and closing costs. As you will note, we do not have a real estate agent or attorney representing us at this time as we recognize this will mean additional savings to the city. However, if we do not come to some agreement by the end of the Option period, we will list the land with a real estate agent on August 1, 1995. Please call me if you have any questions or need additional information. We look for- ward to hearing from you shortly and making Stewart Park a reality. Sincerely, cc: Eric Blank 1440 SW 20 Street D ANSA , T, j rEI/ At"i r Boca Raton FL 33486 August 25,1994 Eric Blank Park and Recreation Director The City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 RE: Land located along Zachary Lane (County Rd. 73) Dear Mr. Blank, I enjoyed our visit last week and appreciate the time you spent with me describing Plymouth's commitment to acquiring open spaces. We are extremely pleased to have been notified that our property described above is going to be acquired by The City of Plymouth for its Open Space Program. My wife and I began purchasing the land in 1986 with an eye to future development. In 1987 we acquired the contiguous acres and last year the final piece which put us over the 20 acre PUD designation and gives ingress and egress to our project. Although we live in Florida, Sally and I were both raised in the Minneapolis area and it retains a place in our hearts as "home"; our families and many friends still reside there. It is very important to both of us that the neighbors be comfortable with whatever project we develop and that the land retain as much natural form and beauty as possible. In other words, we don't plan on leveling the trees or flattening the land. Over the years we have discussed several different options for our property. Among them, single family housing and town homes. Last month we had soil testing done and discovered that the land had red grass growing throughout, as is common when an area has been farmed. Mr. Eberle, from whom we bought the largest acreage told us his family grew oats there in the thirties and forties. There were no cat tails or other evidence of wet lands. The soil samples showed peat to a maximum depth of 5 ft to 6 ft in most areas. We found out we could have a company remove the peat and sell it for us. D O, A D 1. TENNAlIff 1440 SW 20 Street Boca Raton FL 33486 407/368-7188 Eric Blank Page Two August 25, 1994 In March of this year we were contacted by a developer who thought our site would be perfect for 70 townhomes and is anxious to proceed with plans. Mixed use development has gained popularity as a method to concentrate residents, professional services and small commercial establishments in one area to help reduce traffic and pollution. The addition of the last piece of contiguous land has given us 150 feet of frontage on the north side of our property on Zachary Lane, and approximately 88 feet on the south side fronting on Zachary Lane, as well as ingress and egress and a perfect location for this type of development. There is also a brick home located on the north side of the property. We want to have an architect design buildings that will complement the site, save as many trees as possible, especially along the back of the property, and create a project that neighbors will appreciate and patronize. However, now that we know the City of Plymouth interested in the property, we are putting our plans on hold. It is our understanding that Plymouth intends to make a cash offer within four months. Enclosed is a drawing which encompasses the two contiguous parcels we own. If there is any information you need, please do not hesitate to call. Thank you again for taking the time to describe Plymouth's Open Space Program. We look forward to hearing from you. Sincerely, 1440 SW 20 Street DONALD T. J EM/Adr t Boca Raton FL 33486 March 27,1995 Mr. Gary G. Fuchs Suite 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Dear Mr. Fuchs, I am enclosing a Letter of Intent to Sell and a brief description and history of our land located on Zachary Lane that is the subject of interest by the City of Plymouth. This cover letter is simply to repeat some of the personal observations that I have made to you and Mr. Blank in our brief phone calls but have a definite bearing on price and terms, but more importantly, the timing of a potential sale. My wife and I would love to see this site acquired by the City of Plymouth for a park or greenway. It is a fantastic scenic area and certainly has a wonderful location. Also, as I have indicated, my health is such that personally developing the land as we originally intended to is out of the question. Because of these health problems, "time is of the essence" to make a smooth transition without estate problems, etc. that could tie this piece up for a long period of time. Due to these considerations I have made a proposal that includes terms that we would only offer to the City of Plymouth because of an apparent ease of sale — without zoning and permit requirements that most private development plans would require. Our offer also includes an assumption of timeliness. I cannot sufficiently stress the importance of a timely decision by the City to purchase our property. I must mention that in using the comparables assembled by Mr. Cushman, I have left out his sizeable "adjustment factor" on our land for several reasons: 1) There are no known wetlands on this property. It was farmed by the Eberle family until the 1950s; 40 acres of oats were grown in the section we own. No wetland grasses or EPA -designated signs of wetlands (cattails, specific marsh grasses, etc.) are present even in the lower areas. 1440 SW 20 Street E) JN IAL , 'L J rENNAU Boca Raton FL 33486 Mr. Fuchs March 27, 1995 Page Two 2) The most recent Federal law on takings specifies that even the presence of those conditions will not reduce the property value by more than 10%. 3) Our conversation indicates that our property will be used for a park or greenway purposes which eliminates consideration of builders conditions. Further, it is our understanding that the nature of the land is the big reason Plymouth desires the land. Finally, you may have questions about remuneration for the option to purchase this property. My family has lived in the Minneapolis area for over 90 years. I went to grade school, high school and college in the area. My wife's family is also from Minnesota and, like me, she grew up and attended schools in Minneapolis. I owned and operated the first manufacturing business in the vicinity (Mintex Corporation at County Rd. 73 and Highway 12). I still own manufacturing property at 15600 28th Avenue North in Plymouth. Although we have lived in Florida for many years, we visit often and retain a great affection for our home state. Whatever happens to the property, whether it is purchased for a park by Plymouth, or whether we accept one of the development offers tendered us, we will attempt to preserve the beauty of the land. Sincerely, Donald T. Stewart 1440 SW 20 Street , JNA D T, J rENVAd" t Boca Raton FL 33486 Agenda Number: TO: Mayor and City Council FROM: Dwight D. Johnson, City Manager SUBJECT: Public Information Meeting on proposed referendum DATE: December 18, 1995 1. ACTION REQUESTED: Approve holding a public hearing/information meeting on the use of Community Improvement Funds for ice arena and swimming facilities at 7:00 p.m. on Monday, January 22, 1996 at the Plymouth City Center building. 2. BACKGROUND: The Plymouth City Code requires a public hearing on the use of Community Improvement Funds. It does not distinguish between situations requiring an election and those that do not. The City has been contemplating some type of information meeting on the proposed issue in any case. Establishing the date now would allow for maximum publicity of the hearing through the City's Plymouth News and other media. 3. ALTERNATIVES: The City could hold the public information meeting after the election, but the public would lose an additional opportunity to ask questions about the ballot issue and receive up-to-date information on it. 4. DISCUSSION: The League of Women Voters has also expressed interest in holding a forum on the ballot issue in late January. However, since the City ordinances require a hearing by the City, it is doubtful that a League sponsored event would satisfy that requirement. The League has indicated that if the City holds its own hearing, they would not attempt to duplicate it. 5. BUDGET IMPACT: There is no significant budget impact for this proposal. 6. RECOMMENDATION: I recommend that the City Council hold a public hearing and information meeting on the proposed referendum on January 22, 1996 at 7:00 p.m. in the Plymouth City Center. Plymouth City Code 321.01 Section 321 - Community Improvement Fund 321.01. Establishment of Fund. Pursuant to City Charter Chapter 7, Section 7.14, there is established a fund to be known as "Community Improvement Fund." 321.03 Allocation of Monies to Fund. There shall be accumulated in such Community Improvement Fund (1) surplus money from the various special assessment funs that remain after the costs of each improvement project have been fully funded and bonds issued for the project paid of defeased, and which money has not been transferred to another separate improvement fund, (2) collections of special assessments received after an improvement project has been fully funded andbondsissuedfortheprojectpaidordefeased, (3) investment earnings generated by the money inthefund, (4) any other money appropriated by the Council or donated to the City for the purposes of the fund. 321.05 Use of Fund. Subdivision 1. Generally. The Community Improvement Fund shall be used only when all of the following are met: a) The project has sufficient community wide benefit as determined by its intended uses, addresses a community need or problem, and is consistent with other City goals, programs and policies. b) The expenditure for the project is for an item of a capital nature. c) The Council has conducted a public hearing on the project. d) There has been an estimate prepared outlining the operating expenses and proposed funding sources for the project for a five year period. e) Expenditures for a project in excess of three million dollars have been approved by a majority of the votes cast in a regular or special election. Subd. 2. Expenditures requiring 5/7ths Council Approval. Upon meeting the requirements of Subdivision 1, expenditures from the Community Improvement Fund shall require at least five affirmative votes of the Council, but shall not require voter approval, if the expenditure is for a project that has been included in the Capital Improvement Program for at least the current year or is declared to be an emergency, e.g., an "Act of God" as that term is defined by generally accepted business general liability insurance policies, and does not exceed three million dollars for any site or project location. Subd. 3. Expenditures requiring Majority Council Approval. Upon meeting the requirements of Subdivision 1, expenditures from the Community Improvement Fund shall require a simple majority votes of the Council, but shall not require voter approval, if the expenditure: a) is for a project that has been included in the Capital Improvement Program for at least two years; b) is a loan from the Community Improvement Fund and must be repaid or is made with the condition that no further expenditures from the Community Improvement Fund shall be made until the principal is repaid plus ten percent of the investment earnings that would have been generated on the principal at the previous amount; and Plymouth City Code 321.05, Subd. 3 c) expends a total amount of principal not to exceed an amount equal to the Community Improvement Fund's investment earnings from the previous two calendar years prior to the expenditure, not to exceed three million dollars for any . site or project location. Ord. 94-9, 5116/94) 1 Agenda Number: TO: Dwight D. Johnson, City Manager FROM: Dale E. Hahn, Finance Director SUBJECT: Disbursements DATE: Monday, December 11, 1995 for the City Council Meeting December 19, 1995 1. PROPOSED MOTION: To adopt the attached resolution approving the disbursements for the period ending December 8, 1995. 2. DISCUSSION: Shown below is a listing of disbursements for the various funds for the period ending December 8, 1995: First National Bank of Wayzata General $ 890,389.24 Construction & Debt Service $ 712,474.39 Enterprise $ 67,018.58 Housing & Redevelopment Authority $ 11,770.22 Firstar Bank of MN. Housing & Redevelopment Authority GRAND TOTAL FOR ALL FUNDS 114,938.30 19796,590.73 3. RECOMMENDATION: I hereby approve the attached listing of disbursements and recommend same for payment. i // Wight'//D. hnson CITY OF PLYMOUTH RESOLUTION NO: 95 - APPROVING DISBURSEMENTS FOR THE PERIOD ENDING DECEMBER 8, 1995 WHEREAS, a list of disbursements for the period ending as presented to the City Council for approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the payment of the list of disbursements of the following funds is approved: First National Bank of Wayzata General $ 890,389.24 Construction & Debt Service $ 712,474.39 Enterprise $ 67,018.58 Housing & Redevelopment Authority $ 11,770.22 Firstar Bank of MN. 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RPUD Final Plan/Plat for French Ridge Park Second Addition located west of Northwest Blvd. and south of County Road 9.(95098) DATE: December 11, 1995 for the City Council Meeting of December 19, 1995 1. PROPOSED MOTION: Move the resolution providing for the approval of a MPUD Final Plan/Plat for French Ridge Park Second Addition. 2. BACKGROUND: The City Council, by Resolution 95-246, approved a MPUD Preliminary Plan/Plat and Conditional Use Permit for the development of this 28.7 -acre site into a 70 -unit townhome project. On August 1, 1995, the City Council approved a MPUD Final Plan/Plat for the first addition of French Ridge Park. The first addition covered the 34 of the 70 lots. The remaining lots were platted as outlots. The French Ridge Park Second Addition covers 32 lots west of Xenium/Vinewood Lane. This plat would complete the platting process for French Ridge. The total number of lots platted in the French Ridge PUD would be 66. During the preparation of final plats, it is common for developers to fine tune the building style and exact placement of the buildings within their development. In this particular instance, several constraints affected the placement of the units. The constraints include the auto dealership to the north, setbacks between buildings, the shape of the property, topography and Xenium/Vinewood Lane. The builder in this phase has sited the homes in the most optimum locations that can provide privacy for each unit and the density needed for the builder to make a profit. To minimize the number of units lost in the final platting stage, as noted below, the applicant has asked for a slightly reduced setback from the adjacent auto dealership. Without this change, the loss of units would be greater. Based 95098, Page 2 I upon past experience and the constraints presented, staff views the loss of four lots as a minor change. One of the conditions in the resolution approving the PUD Preliminary Plan/Plat stated that the lots adjacent to the existing Xenium Lane right-of-way could not be platted until the new Xenium/Vinewood Lane is open. The applicant has proposed an alternative. The applicant has prepared a street easement that covers the existing Xenium Lane right-of-way. The easement has been signed by all the appropriate property owners. This easement will permit the City to vacate Xenium Lane while retaining the ability to use Xenium Lane for street purposes until the new road is open for traffic. Staff finds that this request meets the intent of the PUD Preliminary Plan/Plat. The applicant is also proposing a minor modification to condition number 12 of the PUD Preliminary Plan/Plat resolution. That condition required that the building proposed for lots 13 and 14 be set back a minimum of 95 feet from the property line and 122 feet from the edge of the parking lot of the abutting auto dealership. The City required this condition to provide spatial separation between the residential units and the auto dealership. The applicant's proposal is to locate the building 60 feet from the property line and 85 feet from the parking lot. The Final Plan includes placing a seven -foot berm in the rear yard. In addition, the applicant would plant 12 to 15 -foot Spruce trees on top of the berm to mitigate the loss in spatial separation. Staff finds that this request meets the intent of the PUD Preliminary Plan/Plat. The Development Review Committee has found this Final Plat to be in substantial conformance with the approved Preliminary Plat and Conditional Use Permit and provisions of City Council Resolution 83-125 regarding review of PUD Final Plans/Plats. 3. RECOMMENDATION: Community Development Department staff recommends adoption of the attached resolution providing for the approval of the PUD Final Plan/Plat for French Ridge Park Second Addition, consistent with the recommendations of the Development Review Committee. ATTACHMENTS: 1. Resolution Approving Final Plat 2. Engineer's Memo 3. Location Map 4. Final Plan/Plat 5. Preliminary Plan/Plat CITY OF PLYMOUTH RESOLUTION 95 - APPROVING RPUD FINAL PLAN/PLAT FOR JANCO INC. FOR FRENCH RIDGE PARK SECOND ADDITION LOCATED WEST OF NORTHWEST BLVD. AND SOUTH OF COUNTY ROAD 9 (RPUD 95-2) (95098) WHEREAS, Janco Inc. has requested approval for a RPUD Final Plan/Plat for French Ridge Park Second Addition for property located west of Northwest Blvd. and south of County Road 9; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the Final Plan/Plat for French Ridge Park Second Addition located west of Northwest Blvd. and south of County Road 9; and, FURTHER, that the following conditions be met prior to recording of, and related to said plat: 1. Maximum lot coverage shall be 80 percent. 2. Approval of a Wetland Mitigation Plan prior to the issuance of grading permits and filing of the Final Plat. 3. The developer shall install wetland monumentation delineating the wetland within each lot. The monument design shall be approved by the Community Development Department. 4. The contract for Xenium/Vinewood Lane shall be awarded prior to issuance of building permits. 5. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of recording the Final Plat. In addition, the developer shall construct the trail on the west side of Xenium/Vinewood Lane. The City shall reimburse the developer for the cost of paving the trail. 6. Signage shall be in compliance with the Zoning Ordinance except a total of three area identification signs are permitted for the entire French Ridge PUD. 7. The street easement. for Xenium Lane shall be recorded prior to the release of the mylars for French Ridge Park Second Addition. 8. Development Standards: A. 25 -foot front yard setback to street right-of-way Resolution 95- , Page 2 B 20 -foot setback between buildings C. 25 -foot setback to the subdivision property line D. 25 -foot wetland setback 9. Standard Conditions: A. Compliance with the City Engineer's Memorandum. B. Removal of all hazardous trees from the property at the owner's expense. C. No building permit shall be issued until a contract has been awarded for municipal sewer and water. D. Street names shall comply with the City Street Naming System. E. Compliance with Policy Resolution 79-80 regarding minimum floor elevations for new structures on sites adjacent to, or containing any open storm water drainage facility. F. No building permits shall be issued until the Final Plat is filed and recorded with Hennepin County. G. Private driveway access shall be limited to internal public roads and restricted from Vinewood Lane and Xenium Lane. H. Final Plat mylars shall refer to RPUD 95-2. I. Appropriate legal documents regarding Homeowners Association documents, covenants and restriction as approved by the City Attorney shall be filed with the Final Plat. J. Location and number of fire hydrants shall be approved by the Fire Division. K. Compliance with Fire Division regulations regarding fire lane requirements and fire suppression systems. L. Submission of a Site Improvement Performance Agreement prior to issuance of building permits. M. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. N. An 8 1/2 x 11 inch "As Built" Fire Protection Plan shall be submitted prior to the release or reduction of any site improvement bonds per City Policy. O. Submission and approval of fire flow calculations prior to the issuance of building permits. P. Submittal of required utility and drainage easements as approved by the City Engineer prior to filing the Final Plat. Q. Compliance with the terms of City Council Resolution 89-439 regarding tree preservation. R. The Development Contract, as approved by the City Council, shall be fully executed prior to release of the Final Plat. Adopted by the City Council on **, 1995. Resolution 95- , Page 3 STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, bring the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on **, 1995, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk City of Plymouth ENGINEER'S MEMO to Planning Commission & City Council DATE: December 12, 1995 FILE NO.: 95098 PETITIONER: Thomas Graham Janco Inc. 10201 Wayzata Boulevard, Suite 220 Minnetonka, MN 55305 FINAL PLAT: FRENCH RIDGE PARK SECOND ADDITION LOCATION: South of Cottonwood Plaza west of Xenium/Vinewood Lane in the southwestern quarter of Section 5. ASSESSMENT RECORDS: N/A YES NO 1. a F--] Have watermain area assessments been levied based on proposed use? 2. F-1 F—x1 F] Have sanitary sewer area assessments been levied based on proposed use? 3. 0 FRI F-1 Will SAC and REC charges be payable at the time building permits are issued?. These are in addition to the assessments shown in No. 1 and No. 2 Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of final plat approval. 4. Area assessments: See Development Contract 94159. 5. Other additional assessments estimated: See Development Contract 94159. FP-95098.DOC FRENCH RIDGE PARK SECOND ADDITION (95098) FINAL PLAT Page 2 LEGAL/EASEMENTS/PERMITS: N/A YES NO 6. F X Complies with standard utility/drainage easements? If "No" is marked, the current City ordinance requires utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. 7. X Are all standard utility easements required for construction provided? The City required twenty (20') utility and drainage easements where these utilities are proposed to be installed. This item has been reviewed with the final construction plans and if "No" is marked, the following changes are necessary: The drainage and utility easement along the west plat line shall be twenty feet wide to cover the existing watermain and ten feet north of the watemain from the south plat line. 8. 0 Complies with ponding easement requirements? The City requires the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation in conformance with the City's Comprehensive Storm Water Drainage Plan. If "No" is marked, the following changes are necessary: 9. F X Have all existing unnecessary easements and rights-of-way been vacated? If "No" is marked it will be necessary to vacate the obsolete easements/right of way to facilitate the development. This is not an automatic process in conjunction with the platting process. It is the owner's responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 10. X Has the Owner's Duplicate Certificate of Title been submitted to the City with this application? It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above If it is subsequently determined that the subject property is abstract property, then this requirement does not appy FP-95098.DOC FRENCH RIDGE PARK SECOND ADDITION (95098) FINAL PLAT Page 3 N/A YES NO 11. 0 F—] F--] Have all necessary permits for this project been obtained? _ If "No" the following permits must be obtained by the developer: DNR Bassett Creek MnDOT Minnehaha Creek Hennepin County Elm Creek MPCA Sewer Shingle Creek State Health Department Army Corps of Engineers Wetland Conservation Act of MPCA 401 1991 from City The developer must comply with the conditions within any permit. 12. F--] 0 a Conforms with the City's grid system for street names? If "No" is marked, the following changes will be necessary: 13. F -x-] F—] a Acceleration/deceleration lanes provided? If "No" is marked, acceleration/deceleration lanes are required at the intersection of and 14. F--] FX] F—] Are all existing street rights-of-way the required width? If "No" is marked, an additional _ feet of right-of-way will be required on FP-95098.DOC FRENCH RIDGE PARK SECOND ADDITION (95098) FINAL PLAT Page 4 N/A YES NO 15. X F--] Will final plans be prepared by the Developer? If it is their desire to have the City construct these facilities as part of its Capital Improvements Program, a petition must be submitted to the City. The cutoff date for petitions is January 1 of the year in which the project is requested for construction, if the developer is paying 100 % of the cost. 16. X Do final utility and street plans submitted comply with all city requirements? If "No" is marked, the following changes are required for: Sanitary Sewer Watermain Storm Sewer Street/Concrete Curb & Gutter 17. Fx— ] Do the construction plans conform to the City's adopted Thoroughfare Guide Plan? If "No" is marked, the following revisions must be made to conform with the City's adopted Thoroughfare Guide Plan: 18. 0 F—] Do the construction plans conform to the City's adopted Comprehensive Water Distribution Plan? If "No" is marked, the following revisions will be required: FP-95098.DOC FRENCH RIDGE PARK SECOND ADDITION (95098) FINAL PLAT Page 5 N/A YES NO 19. FX ] F--] F--] Do the construction plans conform to the City's adopted Comprehensive Sanitary Sewer Distribution Plan? If "No" is marked, the following revisions will be required: 20. F—x a F--] Is it necessary to contact Bob Fasching, the City's Public Utility Foreman, at 550-7492? If "Yes" is marked, 24 hour's notice is required in advance of making any proposed utility connections to the City's sanitary sewer and water systems. All water connections shall be via wet tan. 21. 0 F-1 F-1 Is it necessary to contact Roger Wenner, the City's Street Foreman, at 550-7493 for an excavating permit? If "Yes" is marked, 24 hour's notice is required before digging within the City right-of-way. GRADING, DRAINAGE, AND EROSION CONTROL: N/A YES NO 22. FX—]F—] F—] Do the construction plans conform to the City's adopted Comprehensive Storm Drainage Plan? If "No" is marked, the following revisions are required: 23. 0 F—] F- Does the Grading, Drainage, and Erosion Control Plan comply with the City's Erosion Control Policy? If "No" is marked, the following revisions will be required: 24. a F—] F—] Have minimum basement elevations been established? If "No" is marked, they must be established for the following lots: FP-95098.DOC FRENCH RIDGE PARK SECOND ADDITION (95098) FINAL PLAT Page 6 SPECIAL CONDITIONS REQUIRED: 25. A. Shall comply with all requirements in Development Contract 94159. B. Temporary street easements have been granted to the City from Oran Powell and Elizabeth Powell, Goff Homes and Janco Inc. Therefore, the vacation of Xenium Lane will be submitted to Hennepin County for recording. No work can be done in the vacated right of way until the new Xenium/Vinewood Lane is opened to traffic. C. This plat shall not be released for recording until the pond maintenance agreement for French Ridge Park is recorded at Hennepin County. Submitted by: Daniel L. Faulkner, P.E. City Engineer FP-95D98.DOC 019f.1 I re molls 9 i'101li'}0 r D ISA IIII I IIII A RCV BY:GRAHAM DEVELOPMENT ;1;.- 9-95 ;11:32AM 1 612 755 1362-4 GRAHAM DEVELOPMENT;# 1 CURS -----..- _ _ ._ _ CHAIN 1 DOTE, Ta HEI • \ ? EAST T f - GRADING [If ry . •1 f / ' / l x O r J •yr if; All 19 JogL r Lfi C f fTi TOTAL P.[1 Z J O U m O M rn 2 W Go CLO I -- U) U) O if) i O O HN SENT BYt6RAHAM DEVELOPMENT ;12-11-85 2:10PM ; GRAHAM DEVELOPMENT-, 508 50604 2 t(UV_UY;UHAMAM_UEVELQPMiNF _ ;12-11-85 1:00PM ; _ GGiTT US-* GRAHAM_ DEVELOPMENT 4 2 I g i a { 2 OU IXT A el ol r ;; `• ' Nwth hr• •f WlM C f h • A pct '` _ \` KT I WO 'F + VEL +' r "' x» -'A`r'm— ,, " -x'1'1 ` ter' `\\ so i. =/ T \, r 1 : I . urwwv IL Air 1 4 00 64 a /14 -WWI: ` 4 00, 11-10 K J R i__^w.+s. n. •r awe q q. MR. •Mlt lr I I I I , J , STORY PRELIMINARY PLANCONC. BLDG. i I 16 tK ru I iJ I a L ` ' 1_. 31 32 cu cu rupi; it • Fr -- 00 , ilLJLJ po 1 , Nv44((((( 3 ' 15 AA i o — — — — -- — ==—I = PRMQCoH RICOM PARK FRENCH RIDCBE PARIC z I J= I2 II AAf LL W li---------- I ------------ NOWWTWE SOLO IL 6. IMM 4 G", INC. Land&.rvs ore N GHXLPr I OP 4 DRAINAGE AND UnUE, EASEMENTS ARE SHOW THUS. GRMtlIC SCALE IL G. Rim 4 e" INC. 40A Land &x%laijors SHERT 2 OP 4 GHMTh JJ 3FNA5 - - - - MR NOW RICO!l PA )C mr. Dca on am GRAPHIC SCALE D—AGE AS NUTLIKE 974A6 mOM bmid WT LAND j, 40 - - ----____ --_____ ---------------- w --------------- I.- 4 dh 4V YET u "D l—W"z'E 7— 7 M - - - - - - -maWit/yN. t om or NET 2 A 21 1 —/4 S89*46'50'W 1300.91 a e' M 1 23 IL G. W= 4 eONS, INC. 496& 0', and FRMNOH R 11 0 PARK OR—AND UW EASEL M ARE SNONN I4US: DETAIL OF BLOCK 2 F120M SkEET 3 OF 4 SI -LETS) CRAPEW Sf!ALE eHMT 3 OF A SHMM 00 41 t 21 Zip h 21 IL Co. R= 4 G", INC. Land &xvagore 6H4=T 4 —A h a Agenda Number: _ C TO: Dwight Johnson, City Manager FROM: Anne Hurlburf. Community Development Director SUBJECT: Recommendation to Designate the City Council as the Board of Zoning Adjustments and Appeals (95132) DATE: December 11, 1995 for the City Council Meeting of December 19, 1995 1. PROPOSED MOTION: Adopt ordinance amending Chapter III of the Plymouth City Code designating the City Council as the Board of Zoning Adjustments and Appeals ("BOZA") The Planning Commission will be delegated the authority to hold hearings and make recommendations to the City Council on all applications that require BOZA action. 2. STATEMENT OF ISSUE: Minnesota Law requires that a city that exercises zoning authority must designate a board of adjustments and appeals (BOZA) to review requests for variances and appeals of interpretations of zoning regulations. The BOZA has authority to make final decisions on variances and appeals—its decisions may be appealed to district court. Plymouth's City Code creates a separate BOZA, with powers and responsibilities listed in Section 11, Subdivision C of the Zoning Ordinance. A copy of this section is attached. The decisions of BOZA are considered final unless an applicant appeals to the City Council within 20 days of the Board's decision. The BOZA hears appeals and grants adjustments (variances) from certain provisions of the zoning ordinance; others are reserved for City Council determination. The BOZA is = involved when either: the property is within a Planned Unit Development (PUD); and/or the project requires any other application that is reviewed by the Planning Commission such as a conditional use permit or site plan approval.) In these cases, the Planning Commission reviews the request for the variance along with the other applications, and makes its recommendation to the City Council for the final decision. File 951xx, Page 2 There are a number of factors that lead to the staff recommendation that the separate BOZA be eliminated at this time: a) As a matter of policy the City Attorney, and the city's consultant who is preparing the new Zoning Ordinance, recommend that the City Council retain the ultimate authority to interpret and grant variances from the ordinance. The current ordinance does not allow the Council to overturn a BOZA decision unless the applicant or another affected person appeals the decision to the Council. b) Relatively few variance applications are heard by BOZA. More and more of Plymouth's homes are in PUD's. Any variances in these areas are considered amendments to the PUD and must be reviewed by the Planning Commission. All construction (other than one and two-family dwellings) requires site plan approval, which also requires Planning Commission review. Having two separate processes for variances is confusing and can lead to inconsistencies in decision making. c) To streamline requests for minor requests, last year the City created a process that delegated Minor Variances and PUD Amendments to staff. This reduced the workload for both the BOZA and the Planning Commission. In 1993 and 1994, 23 and 25 applications, respectively, were reviewed by BOZA. In 1995, only 15 applications were reviewed—an average of only 2 per meeting. d) Because BOZA meets only once per month, applications that must go to BOZA will often take longer to process than applications reviewed by the Planning Commission, which meets twice a month. A new state law requires that the City review zoning applications within 60 days of receipt. The longer turn -around for BOZA review delays the process for applicants and may make it more difficult to meet the 60 -day deadline. e) A separate BOZA demands significant staff commitment that is not justified by the workload. Preparing agendas, mailing, reports and packets require more expense and effort than would be required if the applications were processed as part of the Planning Commission agendas. Staff time would also be saved by reducing comp time or overtime for clerical staff who prepare minutes, as well as reduce the burden on the professional staff for attending additional meetings. f) We are recommending that a separate BOZA be eliminated prior to the end of 1995 so that the Council is not required to recruit and appoint new applicants to the Board. At least one term is expiring. Several current members have had inconsistent attendance records. g) Many communities have combined the functions of the BOZA with the Planning Commission, with final decision by the City Council. Examples of other such suburban communities include: Brooklyn Park, Bloomington, Lakeville, Maple Grove, Minnetonka, Woodbury and Cottage Grove. 3. DISCUSSION: Eliminating the separate BOZA will have some impact on the Planning Commission's workload. Based on the workload of the last three years, we would expect that, on average, less than one additional application would be added to each agenda. It is possible that these items could be placed on the Planning Commission's consent list, requiring little or no discussion. We do not expect the additional work load to place a burden on the Planning Commission. File 951 xx, Page 3 Impact on City Council agendas would also be minimal. We expect that the Planning Commission recommendations would almost always be a consent list item on the Council agenda. The rare item that would require Council discussion would be a controversial item—such as the recent appeal from Mr. Don Myron—that would be coming to the Council already via appeals from the BOZA decision. 4. BUDGET IMPACT: Eliminating the separate BOZA will result in some savings in direct costs, such as for mailing separate agenda packets and reducing salary and benefit costs for staff time for non-exempt employee overtime. Staff time will be saved by increasing efficiency and allowing us to spend more time on higher priority work. 5. RECOMMENDATION: I recommend that the City Council adopt the attached ordinance which will designated the City Council as the Board of Zoning Appeals, giving the authority for final decisions on variances and appeals to the Council. The Planning Commission will assume the responsibility for holding the hearings previously assigned to BOZA, and make recommendations to the Council. The current language in Section 11 of the Zoning Ordinance which establishes the duties of BOZA will be revised as needed, as part of the upcoming ordinance revision. ATTACHMENTS: 1. Draft Ordinance 2. Section 11, Subdivision C of Zoning Ordinance cd\plan\staffrep\cc\95132. doc CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 95 - AN ORDINANCE AMENDING CHAPTER III OF THE PLYMOUTH CITY CODE CONCERNING THE BOARD OF ADJUSTMENTS AND APPEALS THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Section 305.07 of the Plymouth City Code is amended to read: Board of Adjustments and Appeals. Pursuant to Minnesota Statutes, Section 462.354, as amended-, a Board of Adjustments and Appeals is Nn SECTION 2. This ordinance shall be effective immediately upon its passage. ADOPTED by the City Council this day of 1995. Joycelyn Tierney, Mayor ATTEST: Laurie F. Ahrens, City Clerk 32093 r12/12/95 PLYMOUTH ZONING ORDINANCE Section 11, Subdivision C SUBDIVISION C BOARD OF ZONING ADJUSTMENTS AND APPEALS 1. Creation and Membership: The Board of Zoning Adjustments and Appeals as established by Section 305.07 of the Plymouth City Code is vested with the administrative authority and duties as hereinafter provided. (Amend. Ord. 91-18) 2. Powers: The Board shall have power to hear appeals from administrative determinations and questions of doubt concerning the exact location of District boundary lines, to hear appeals of administrative determinations from and to grant adjustment in and exceptions to any of the provisions of this Ordinance, except those adjustments and exceptions governed by City Council determination as specified by Section 11, Subdivision A, to the extent of the following and no further: a. To consider applications for variances and modifications in any of the provisions of this Ordinance relating to: 1) Height, yard, area and lot width and depth regulations. 2) Sign dimension and location regulations for properties other than those in approved Planned Unit Developments, provided that no variance shall be granted contrary to the requirements of the Minnesota Outdoor Adveriising Control Act and provided further that no variances shall be granted to permit signs in districts or places where such signs are prohibited or not allowed. Amended Ord. No. 8424) (Amended Ord. No. 89-26) 3) Parking and loading regulations. 4) Fence regulations. 5) Minimum floor area requirements. 6) District boundary lines for Special Protection Districts (Section 6) provided the purpose and intent of the Districts are maintained and the provisions of Section 6, Subdivision A Paragraph 5 e are given due consideration in the cases of both the Flood Plain Overlay District and the Shoreland Management Overlay District. (Amended Ord. No. 82-33) b. The decision of the Board shall be final subject only to the right of any applicant or person affected by such decision to appeal such decision to the Council. Notice of such appeal must be filed with the City Clerk within a period of twenty (20) days from and after a copy of the Board's order has been mailed to the applicant at the address furnished by the applicant in his application. 11-10 PLYMOUTH ZONING ORDINANCE Section 11, Subdivision C C. The representative of the Planning Commission serving on the Board shall report to the Board any views of the Planning Commission which might affect the decision of the Board. Upon the request of such representative the Board shall delay the issuance of its Order pending a review and report of the matter by the Planning Commission. Unless such a request is made, the Board shall make its Order and report thereon within 15 days from and after the date of the hearing. d. The Board and Zoning Administrator shall not approve any application and the Council upon appeal shall not grant any application unless they find failure to grant the variance will result in undue hardship on the applicant, considering the following: (Amended byOrd. 94-4) 1) That because of the particular physical surroundings, shape, or topographical conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. 2) That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zoning classification. 3) That the purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the parcel of land. 4) That the alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest in the parcel of land. 5) That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. 6) That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. a. Application for the Adjustments and Appeals permitted under the provisions of this Section shall be in writing and made to the Zoning Administrator. The application shall include the following: 1) A completed application form provided by the City and the fee established by City Code, in addition to the required Building Permit fee, if any. 2) A written description of the request for the adjustment or the appeal, including an explanation of compliance with the variance criteria set forth in this Section. PLYMOUTH ZONING ORDINANCE Section 11, Subdivision C 3) Supporting materials determined by the Zoning Administrator to be necessary for the complete and clear definition and understanding of the request. Such materials include, but are not limited to, the following: maps, certified surveys, building plans, plat plans and other narrative materials. b. Upon receipt of a complete application, the Zoning Administrator shall establish a time and place for a hearing before the Board. At least ten days before the date of the hearing, a written Notice of Hearing shall be mailed to the applicant and to all other owners of property located within one hundred (100) feet of the boundaries of the propety which is the subject of the application. The Zoning Administrator shall provide a copy of the application and related materials to the Board prior to the scheduled meeting. (Amend. Ord. 95-9) C. The Board shall consider the application at the scheduled hearing in accordance with rules and procedures for such hearings as established by the Board. The Board shall make its final Order on the application within thirty days of the hearing. d. In granting any adjustment or variance under the provisions of this Subdivision, the Board shall designate such conditions in connection therewith as will, in its opinion, secure substantially the objectives of the regulations or provision to which the adjustment or variance is granted, as to light, air, and the public health, safety, comfort, convenience and general welfare. e. In all cases in which adjustments or variances are granted under the provisions of this Subdivision, the Board and the City Council upon appeal shall require such evidence: and guarantees as it may deem necessary to insure compliance with the conditions designated in connection therewith. The Zoning Administrator shall serve a copy of the final Order of the Board upon the appellant or petitioner by mail. Amended by Ord. No. 82-08) a. Written notice of an appeal to the City Council of a ruling by the Board must be filed with the City Clerk within twenty days from and after the copy of the Board's Order has been mailed to the appellant or petitioner at the address furnished on the application. b. Such appeal shall be placed upon the agenda of the City Council by the City Manager together with a copy of the original application and findings and Minutes of the Board. At least ten days before the date of the City Council Meeting, a written Notice of Hearing shall be mailed to the applicant and to all owners of property located within one hundred (100) feet of the boundaries of the property which is the subject of the appeal. Amend Ord 95-9) C. The City Council will consider the appeal of the Board's Order and will make its finding by Resolution which shall include the reasons therefore. (Amended by Ord. No. 82-08) 5. Expiration 11-12 PLYMOUTH ZONING ORDINANCE Section 11, Subdivision C Building Permits for which variances or adjustments from the standards of this Ordinance have been granted by an Order of the Board or of the City Council, shall be taken within one year of the date of the Order by the Board or by the City Council. The Order for such variances or adjustments by the Board or by the City Council shall expire if the Building Permits have not been taken by then; provided that the Zoning Official may continue the Order for the variances or adjustments for reasonable time upon written request of the petitioner, upon determination by the Zoning Official that the proposed development and the related standards of this Ordinance have not changed from those considered with the original application. The Zoning Administrator shall require a new application and a new hearing as provided by this Section when, after one year from the date of the Order, it is determined that the applicable Ordinance standards have changed; or when, at any time following the issuance of the Order,- it is determined that the circumstances and/or plans of the original request have changed relative to the adjustment or variance. (Amended by Ord. No. 82-08) 6. Minor Variances The Board shall give the Zoning Administrator the right to grant a request for a Minor Variance without a hearing before the Board. The Zoning Administrator shall grant such a Minor Variance only after determining that the requirements of Zoning Code Section 11, Subdivision C 2.d. have been met. Notice of such Minor Variance approval shall be sent by the Zoning Administrator to all adjoining property owners within 200 feet of the proposed variance and to all Board members. The notice shall require any written objection to the approved Minor Variance be received by the Zoning Administrator within 14 days of the mailing. If any written objection is received within 14 days, the final approval of the requested Minor Variance, as well as any Minor Variance which is rejected by the Zoning Administrator, shall be referred to the Board and proceed under Zoning Code Section 11, Subdivision C 3. Amended by Ord. 94-4) 11-13 Agenda Number: TO: Dwight Johnson, City Manager , 11/ FROM: Eric Blank, Director of Parks and Recreation SUBJECT: Elm Creek Playfield - Construction Budget and Estimated Operating Budget DATE: December 12, 1995, for Council Meeting of December 19 1. ACTION REQUESTED: Council should pass the attached resolution approving the construction budget and authorizing the consultant, HTSR, to begin plans and specifications for bid package no. 5. 2. BACKGROUND: The City has been working in cooperation with the Wayzata School District for the last year and a half on the development of the Elm Creek Playfield and new Wayzata High School site. Previous actions to this time that the City Council has taken include: approving a concept plan for a 161 acre site approving the acquisition of 31 acres of property from Lundgren Bros. Homes approving final site plan approval to the school district for the whole site approving a joint powers agreement with the Wayzata School District which included the approval of bid package no. 1 at a cost of $625,699 to the City of Plymouth approving the land swap with the school district whereby the City has acquired approximately 63 acres of the site for Elm Creek Playfield Bid package no. 5 is now being prepared by the consultants which will include all on-site improvements for the City and the school district. Bid package no. 1 included the grading, top soil modification and seeding of the playfield site. You will note this number on the cost analysis of the Playfield is listed as item no. 1 as base earthwork. As the Council is aware, there were numerous discussions with the representatives of Girls' Fast Pitch Softball with regard to the softball fields at the new Elm Creek Playfield. Staff has met with these individuals and reviewed a list of 13 requests they had for the park. I am happy to report that we are able to meet the needs of approximately 12 1/2 of their requested items. Attached is a graphic of the ballfield showing the layout of the girls' fastpitch fields. The use of temporary fencing on game days will still allow for the wider community use of these fields, yet meeting the needs of the Wayzata Girls' Fastpitch Program. 3. BUDGET IMPACT: For land acquisition the City has spent $250,000 of community improvement funds and $1,050,184 from park dedication funds. There will be future City assessments levied in 1998 in the approximate amount of $111,076. These assessments have not been funded at this time. The proposal for funding the assessments will be brought forth with the 1997 capital improvements budget. The 1996 capital improvements budget allocates $1.6 million of park dedication funds for the development of the Elm Creek Playfield. The construction manager, M.A. Mortenson'has estimated the total cost of construction to be 2,456,492. This is broken down on the attached cost estimate sheet. With the 1.6 million available from park dedication, we will be able to open the base park in 1997 as planned. The cost breakdown highlights the unfunded improvements. There are three significant items that should be noted in their order of importance. Lighting for two soccer/football fields. Both soccer and football are played in the fall of the year with the season going from approximately September 1 to October 25. At this time of year, it is dark by approximately 6:30 p.m., thus these fields will not be available to be used if they are not lighted. The maintenance/multi-purpose building located by the parking lot. This building will have two primary functions. Half the building will house the park maintenance needs. Storage of things such as diamond dry, lining chalk, field lining paint, rakes, field grooming tractors, tree trimmer, lawn mowers and a small tractor are all anticipated to be housed on site. Electronic controls for rink lighting and soccer field irrigation controls would normally be in this building. The other half of the building would be a multi- purpose room that would serve as a warming house for the hockey and pleasure skating rinks that will be maintained on the nurp pond just south of the building. If we are unable to build this building, we'll have to provide a small garage -like structure in 1997 to allow for some storage on a limited basis. A third item of some importance would be the hockey rink and its lighting. This will be a paved rink to allow in-line skating and skateboarding in the summer months. Although there are not a lot of people living in this area now, by 1998, Sioux Line East and Sioux Line West developments will both be well along their way to completion. The park dedication fund has revenue each of year of about $400,000. Spending 1.6 million on the playfield will tap all of this fund's resources. If the Council would like to build any of these three facilities, funds would have to come from other sources. Before the City Council approves the development budget for this park, it is important that you understand the estimated operating expenses. When the Elm Creek Playfield is completed, it will be the largest by acreage playfield in the City's system. The annual estimated operating expense is approximately 117,000 per year, with an additional $84,000 first year start-up cost. A cost breakdown of how these expenses were determined is attached for your review. We anticipate that some of these expenses would be incurred in the year 1997 and the first full year of expenses would come in 1998. 4. RECOMMENDATION: Staff recommends the City Council approve the budget for the Elm Creek Playfield at $1.6 million and authorize staff to work with the consultants on the development of plans and specifications for bid package no. 5, which will be bid in January or February of 1996. EB/np Attachment RESOLUTION NO. 95 - APPROVING CONSTRUCTION BUDGET FOR THE ELM CREEK PLAYFIELD WHEREAS, the Director of Parks and Recreation has prepared a construction budget for the Elm Creek Playfield, and WHEREAS, the City Council has reviewed said budget along with estimated operating budget for the Elm Creek Playfield, NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the City's consultant, HTSR is authorized to begin plans and specifications for the development of the Elm Creek Playfield at an estimated construction budget of $1.6 million. Adopted by the City Council on FROM : r-lP MORTENSON 612 478 2079 199S.12-12 10:31 0802 P.02/02 COST ANALYSIS FOR ELM CREEK PLAYFIELDCITYOFPLYMOUTH TENTATIVE APPROVAL L m nES 2&p 1 QN BASE EARTHWORK COST 2 IRRIGATION -SOFTBALL (4) 62$.699 3 IRRIGATION -SOCCER (5) 42,544 4 SOFTBALL BACKSTOP 51.583 5 SOFTBALL FENCING 22,000 6 SOFTBALL BENCHES 51,334 7 SOFTBALL LIGHTING 6,400 8 SOFTBALL BUILDING 268'218 9 BITUMINOUS WALKWAY @ PKG/BUS 192,447 10 BITUMINOUS WALKWAY @ SOFTBALL 37,677 11$15,000 WALKWAY Q SOCCER 15,000 12 SOCCER GOALS 7,000 13 TRASH RECEPTACLES 15,000 14 BIKE RACKS 5,000 15 SIGNAGE 1,000 16 SOD 5,000 17 SOCCER FIELD FENCING 10,000 18 BASKETBALL COURT -COMPLETE 12,000 19 CONTINGENCY 20.000 SUBTOTAL 22'221 C.M. SUPERVISORY LABOR 2,9% 1'410,123 C.M. GENERAL CONDITIONS 40,894 3% OWNER GENERAL CONDITIONS 2.3°r6 4,230 SUBTOTAL 32,433 C.M. FEES 2.25% 1,,680 DESIGN FEES 5.3% 3333,473 GRAND TOTAL 78'847 fl-, 600,000 OUTSTANDING OPTIONS ITEM D SCRIP LON 1 SOCCER FIELD LIGHTING QST 2 OUTDOOR HOCKEY RINK 129,104 3 MULTI-PURPOSE/MAINTENANCE BLDG 40,000 4 HOCKEY LIGHTING 000 5 BASKETBALL COURT -LIGHTING 1919,303 6 CHILDRENS' PLAYGROUND 19,000 7 VARSITY BASEBALL LIGHTING 85,000 8 TENNIS COURT LIGHTING 60,400 9$38.443REMOTECONTROLFORIRR. 8, LIGHTING 44,000SUBTOTAL C.M. SUPERVISORY LABOR 2.9% 754.850 C.M. GENERAL CONDITIONS 21,891 3% OWNER GENERAL CONDITIONS 2.3% 7,265 SUBTOTAL 17°362 C.M. FEES 2.25% 796,367 DESIGN FEES 5.3% 17.91$ GRAND TOTAL 42'207 MORTENSON 5856,492 CITYOPALS 1 Z/7/95 ESTIMATED OPERATIONAL COSTS FOR ELM CREEK PLAYFIELD Anticipated Work Hours: Full Time 1800 hrs x $20.80 = $37,440.00 Part Time 1400 hrs x $8.75 = $12,250.00 Total $49,690.00 Materials & Supplies: Athletic Fields 7,000 Fertilizer/Weed Control 3,000 Signs 250 Playstructure Parts 500 Tools & Supplies 1,500 Refuse 1,000 Electricity 20,000 Sewer & Water 3,000 Tree Care 5,000 Professional Services 5,000 Building Maintenance 500 Irrigation 5-00 Total 47,250 Equipment Rental: Mowing Equipment 2,340 Pickup 9,000 Groomer 3,720 Misc 5,000 20,060 Purchases: Tables & Chairs 2,000 3/4 Ton Pickup 20,000 Mower 50,000 Groomer 7,000 Trailer 5,000 84,000 Manpower 49,690 Materials & Supplies 47,250 Equipment Rental 20,060 Annual Estimated Operating Expenses $117,000 Purchases (one time start-up cost) $84,000 Grand Total $201,000 BAC W/NE 11/08/95 17:59 N0.563 D02 12f-%04/95 15:15 4' g" 1. S o„ )I S-4 r m m N0.704 D02 5 a_dqj I I GD I Q0 i ALV. Rowwo S;IUTTF-R (PT) 1 I 4'713 (a' M K5 D A 11 ol O Q Armstrong Torseth - -G K F'.AY R E LD It 1 LD (tom lat e 1 . Sheet Skold and _. . L e'/B l -O+' Pte;°°°yto,.2 I 12/04/95 15:17 NO. 704 P05 PS Armstrong Torseth - -C T -REG -K PLAYP ZU) ESU 1 Ulf N G Skold and ' _ oagqt jjz sheet P,?Je t,, , Z 41 1-2 CW "95 15:17 NO. 704 (PO4 me'r ON W 5mzucr MET FAS JA A522MULT 5,wlwzLc",5 (AUV4"Tr, Mit FpigFIWS4SDMET- srm).ADING $64M 1 RMRFZ;i-) .. I 4' VIA KCTFR 5,.r Pipg Fr) t5aGK.-i:!l. CoLy I Armstrong Torseth Skold andlF UJ I N (S KEY: CITY FfROFERTY Softball SCALE uF OAI 9 .." of tbol I /I j ME 110111011% MORMN SW61*11-t I ft tASI 7 J' CI -100 FROPER NLWP GVWMI IN CWETM.% Proposed HI gh Scho CLAI FIDIE ARIS 14 HC std Is k rr jv ;,COtk)el WETLAND m SoccerPractice Soccer Practl ceceSocceriPr,ctFs.c-ce' r Softball SCALE uF OAI 9 .." of tbol I /I j ME 110111011% MORMN SW61*11-t I ft tASI 7 J' CI -100 FROPER NLWP GVWMI IN CWETM.% Proposed HI gh Scho CLAI FIDIE ARIS 14 HC std Is k rr jv ;,COtk)el WETLAND m Agenda Number: TO: Dwight D. Johnson, City Manager FROM: Laurie Ahrens, City Clerk, through Kath r Igeckert, Asst. Manager SUBJECT: 1996 LICENSE RENEWALS DATE: Dec. 13, 1995, for City Council Meeting of Dec. 19, 1995 1. ACTION REQUESTED: Adopt the attached resolution approving renewal of various licenses for 1996. 2. BACKGROUND: The City has received applications for renewal of gasoline service station licenses, amusement licenses, target and trap shoot licenses, and kennel licenses for 1996. No problems have been identified that would be cause for denial of the license requests. 3. RECOMNIEENDATION: The attached resolution approving the license requests is recommended for adoption. The resolution includes the condition that all fees and certificates of insurance be received by Friday, December 29, 1995. CITY OF PLYMOUTH RESOLUTION NO. 95 - APPROVING 1995 LICENSES BE IT RESOLVED by the City Council of the City of Plymouth that the following licenses are issued for the period January 1, 1996, through December 31, 1996, subject to the condition that all fees and certificates of insurance be received by the City no later than December 29, 1995. Amusement License Troupe America, Inc. Plymouth Playhouse 2705 Annapolis Lane Cineplex Odeon Corporation Cineplex Odeon Willow Creek 8 Cinemas 9900 Shelard Parkway Target and Trap Shoot License Plymouth Gun Club 4955 Holly Lane Kennel License Dean Amsbaugh 16910 County Road 47 Gasoline Service Station License Herb's Servicenter Inc. 17435 County Road 6 Sinclair Retail #22057 9605 36th Ave. N. Holiday Station #220 10100 County Road 9 Holiday Station Store #139 10900 Highway 55 Mr. Gas 11021 Highway 55 Superamerica #4341 5750 Nathan Lane Tom Thumb 4130 Highway 101 PDQ Food Store 4090 Annapolis Lane N. Conoco #23045 12650 County Road 10 Amoco Food Shop 3855 Plymouth Blvd Amoco Food Shop #359 3955 Vinewood Lane N. The Pavilion 4075 Vinewood Lane Fernbrook Hwy 55 Stationstore 3020 Fernbrook Lane Four Seasons Automotive 9950 County Road 9 Adopted by the City Council on December 19, 1995. Agenda Number: 4-F TO: Dwight Johnson, City Manager FROM: Berit Strom, Planning Assistant through Anne Hurlburt, Community Development Director SUBJECT: SITE PERFORMANCE GUARANTEE REDUCTIONS. DATE: December 11, 1995 for the City Council Meeting of December 19, 1995. 1. PROPOSED MOTION: Move the attached resolution authorizing the reduction of the four Site Performance Guarantees to reflect completed work in the following developments: Laukka Williams Parkers Lake/Parkers Lake North 10th (93067) & 11th Additions. (94032) Tony Eiden Company/Courtyards of Plymouth Oaks (94049) Rottlund Homes/Pintail Villas (93055) 2. BACKGROUND: The developers have requested a reduction of the financial guarantees stating that all of the site improvements have been completed for: Laukka Williams /Parkers Lake North 10th Addition. (93067) (Reduction) Parkers Lake North 11th Addition (94032) (Reduction) Planning staff inspected the sites and found that the majority of the site improvements have been completed except: Winter survivability of landscaping. Tony Eiden Company/Courtyards of Plymouth Oaks (94049) (Reduction) Planning staff inspected the sites and found that the majority of the site improvements have been completed except: Winter survivability of landscaping. Rottlund Homes/Pintail Villas (93055) (Reduction) Planning staff inspected the sites and found that the majority of the site improvements have been completed except: Winter survivability of landscaping. 3. RECOMMENDATION: Community Development Department staff recommends adoption of the attached resolution authorizing the reductions of the financial guarantees for the above referenced projects. The new financial guarantee totals are consistent with City Policy regarding reductions and releases of financial guarantees for Site Improvement Performance Agreements. ATTACHMENTS: 1. Resolutions Authorizing Reductions of Site Improvement Performance Guarantees. CITY OF PLYMOUTH RESOLUTION 95 - REDUCING SITE IMPROVEMENT PERFORMANCE GUARANTEE LAUKKA WILLIAMS/PARKF.RS LAKE 10TH ADD. (93067) LOTS 2, 3, AND 4, BLOCK 1 WHEREAS, in accordance with the Final Plan/Plat and Development Contract resolution 93-445A & 93-445B approved on August 02, 1993, for Laukka Williams, developer of Parkers Lake 9th Addition (93067), has agreed to install certain site improvements for said development; and WHEREAS, the developer has completed a majority of the site improvements except: Winter survivability of landscaping. WHEREAS, upon notice from the developer, City staff has inspected said site and recommends a reduction of the financial guarantee to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does authorize a $49,949.25 reduction of the C.D.'s which were submitted to guarantee site improvements for Parkers Lake 10th Addition Lots 2, 3 and 4, Block 1, to a new financial guarantee total of $16,649.75 Adopted by the City Council on December 19, 1995 CITY OF PLYMOUTH RESOLUTION 95 - REDUCING SITE IMPROVEMENT PERFORMANCE GUARANTEE LAUKKA WILLIAMS/PARKERS LAKE 11TH ADD. (94032) WHEREAS, in accordance with the Final Plan/Plat and Development Contract resolution 94-413 & 94-414 approved on August 01, 1994, for Laukka Williams, developer of Parkers Lake 11th Addition (94032), has agreed to install certain site improvements for said development; and WHEREAS, the developer has completed a majority of the site improvements except: Winter survivability of landscaping. WHEREAS, upon notice from the developer, City staff has inspected said site and recommends a reduction of the financial guarantee to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does authorize a $37,924.50 reduction of the C.D. which was submitted to guarantee site improvements for Parkers Lake 11th Addition to a new financial guarantee total of 12,641.50 Adopted by the City Council on December 19, 1995 4 CITY OF PLYMOUTH RESOLUTION 95 - REDUCING SITE IMPROVEMENT PERFORMANCE GUARANTEE DAHLSTROM, PETERSON, EIDEN PARTNERSHIP/COURTYARDS OF PLYMOUTH (94049) WHEREAS, in accordance with the Site Plan that was approved by the City Council on August 1, 1994; for Dahlstrom, Peterson, Eiden Partnership developer of Courtyards of Plymouth (94049), has agreed to install certain site improvements for said development; and, WHEREAS, the developer has completed a portion of the site improvements except: Installation of remaining landscaping and driveway construction. WHEREAS, upon notice from the developer, City staff has inspected said site and recommends a reduction of the financial guarantee to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does authorize a $32,206.00 reduction of the Letter of Credit which was submitted to guarantee site improvements for Tony Eiden Company to a new financial guarantee total of $14,000. Adopted by the City Council on December 19, 1995 I CITY OF PLYMOUTH RESOLUTION 95 - REDUCING SITE EMPROVEMENT PERFORMANCE GUARANTEE RO'1TLUND HOMES/PINTAIL VELLAS.(93055) WHEREAS, in accordance with the MPUD Final Plan/Plat and Development Contract resolution 94-2750 & 94-276 approved on May 16, 1994, for Rottlund Homes, developer of Pintail Villas (93055), has agreed to install certain site improvements for said development; and WHEREAS, the developer has completed a majority of the site improvements except: Installation of remaining landscaping and winter survivability of landscaping. WHEREAS, upon notice from the developer, City staff has inspected said site and recommends a reduction of the financial guarantee to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does authorize a $67,770.50 reduction of the Bond which was submitted to guarantee site improvements for Rottlund Homes to a new financial guarantee total of $33,404.50 Adopted by the City Council on December 19, 1995 FROM GRAY,PLANT-MPLS (MON)12.11.'95 12:16 NO.22 PAGE 3 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of . Plymouth, Minnesota, as follows: 1. The Program, as amended and restated, for the Project is hereby in all respects adopted. 2. The City hereby ratifies the prior publication of the notice of public hearing. 3. The City staff, its consultants and bond counsel are hereby authorized to do all things and take all actions as may be necessary or appropriate to carry out the Program in accordance with the Act and any other applicable lawti and regulations_ 4. The issuance of approximately $8,440,000 principal amount of multifamily housing revenue refunding bonds and approximately $3,060,000 principal amount of taxable multifamily housing revenue refunding bonds pursuant to the Program to finance the Project is hereby given preliminary approval. 5. Notwithstanding the foregoing, however, the adoption of this resolution shall not be deemed to establish a legal obligation on the pert of the City or its City Council to issue or cause the issuance of such revenue bonds, The City retains the right in its sole discretion to withdraw from participation and accordingly not to issue the Bonds, or to issue the bonds in an amount less than the amount rcfelTed to in this resolution, should the City, at any time prior to issuance thereof, determine that it is in the best interests of the City not to issue the bonds, or to issue the bonds in an amount less than the amount referred to in this resolution, or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. The Bonds, if issued, shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, except the revenues specifically pledged to the payment thereof, and each Bond, when, as and if issued, shall recite in substance that the Bond, including interest thereon, is payable solely from the revenues and property specifically pledged to the payment thereof and shall not constitute a debt of the city within the meaning of any constitutional or statutory limitations. Agenda Number: ,. TO: Mayor and City Council FROM: Kathy Lueckert, Assistant City Manager, through Dwight Johnson, City Manager SUBJECT: 1996 HEALTH, DENTAL BENEFITS FOR NON - REPRESENTED CITY EMPLOYEES DATE: December 19, 1995 1. ACTION REQUESTED: Approval of the attached resolution which provides a $15 increase for city paid health and dental insurance benefits for non -represented city employees. 2. BACKGROUND: The City's health and dental insurance carriers update the City's experience rating and adjust our insurance premiums on April 1 of each year. The City bargains with the represented employees regarding how much of this insurance cost is paid by the City and how much is paid by employees. Insurance premiums paid by the City for non -represented employees is coordinated with our agreements with our bargaining unit`s. In 1993, the Council adopted a policy which set two different contribution rates, one for overtime exempt employees and one for employees who receive overtime compensation. Employees exempt from overtime requirements (primarily supervisors) receive an amount approximately equal to the sergeants. Non-exempt employees receive an amount approximately equal to the clerical technical bargaining unit. 3 DISCUSSION: We do not yet know the amount our health or dental insurance premiums will increase. Since we have settled with the sergeant's unit, we know that adjustment will be $15 per month of additional employer paid premium. It has been our practice to provide approximately equal compensation to our non - represented employees. Therefore, we are recommending that the 1996 benefit level increase be $15.00. 5. BUDGET IMPACT: The 1996 budget for health and dental coverage is adequate to cover the proposed increases. The cost of coverage plus the 3 percent wage increase is equal to a 3 percent increase in the total package for these employees. Page 2 6. RECOMMENDATION: Approve the attached resolution authorizing the payment of the City's share of employee health and dental insurance coverage. CITY OF PLYMOUTH 17=09] Il I1190KIII SIS APPROVING THE 1996 MONTHLY HEALTH, DENTAL INSURANCE BENEFITS FOR NON -REPRESENTED CITY EMPLOYEES. WHEREAS, the City Council annually reviews the compensation package for general city employees; and WHEREAS, the City has settled contracts for some of its bargaining units which have resulted in increases in the City's contribution for health and dental insurance coverage; and WHEREAS, it has been the City's practice to compensate similar groups similarly; NOW, THEREFORE, BE 1T HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should, and hereby does: 1. Authorize an increase in health and dental coverage according to the following schedule for all its non -represented employees, effective January 1, 1996. Exempt Employees Non -Exempt Employees Adopted by the City Council on Health & Dental Up to $440.00 Insurance Premium Health & Dental Up to $360.00 Insurance Premium f t Agenda Number: 6 _ 4 TO: Mayor & City Council FROM: Kathy Lueekert, Assistant City Manager SUBJECT: 1996 COMPENSATION AND CLASSIFICATION PLAN DATE: December 7, 1995 1. ACTION REQUESTED: Adoption of the attached resolution approving the 1996 Compensation and Classification Plan. 2. BACKGROUND: Each year staff prepares for presentation to Council, adjustments to the pay ranges for City employees. A set of proposed pay ranges for 1996 is presented in this report. Approximately 80 percent of City employees are represented by a certified bargaining unit. The remaining 20 percent of employees who comprise the supervisor and confidential employees are governed by the attached resolution and pay plan. The approximately 25 employees covered by this resolution, receive their wage increases based upon their performance, the general market for their positions, and our obligation to be in compliance with pay equity. 3. DISCUSSION: The attached grade, position and range chart sets forth the grades, job titles and proposed 1996 salary ranges. The 1996 minimum and maximum salaries represent a 3 percent increase over the 1995 rates. Each step within the salary range will also increase by 3 percent, giving all employees an actual 3 percent raise on January 1, 1996. In our most recent polls of other municipalities with which we compare salaries, we find that most of them are increasing salaries between 2.5 and 3 percent. Bargaining has been completed with one of bargaining unit; three have not yet settled. The settlement for sergeants was 3 percent. One new title was approved in the 1996 budget, Assistant to the Public Works Director. This position will provide transit coordination services and support the Director of Public Works. The Information Systems Coordinator position has been reclassified from Grade 17 to Grade 18 to reflect additional technical and lead responsibilities. The Personnel Coordinator position has been reclassified from Grade 18 to Grade 20 and retitled to Human Resources Manager to adequately reflect existing market conditions. All changes were evaluated by an outside consultant skilled in assessing proposed position changes. 1996 COMPENSATION AND CLASSIFICATION PLAN December 7, 1995 Page 2 This year, a Council subcommittee consisting of Mayor Tierney and John Edson, was asked to make a salary recommendation for the City Manager. They have proposed that the City Manager receive the same increase as other supervisory employees. Therefore, the attached resolution would also increase the actual pay and the pay range of the City Manager by 3 percent as well. 4. BUDGET EMPACT: The 1996 budget is adequate for the proposed salary adjustments. 5. RECOMAUNDATION: Approve the attached resolution adopting the 1996 position and grade salary chart, and to adjust the salary ranges to reflect a 3 percent adjustment. f I 1996 POSITIONIGRADE SALARY CHART GRADE I JOB TITLE 27 City Manager 26 Assistant City Manager Director of Community Development Director of Finance & Information Technology Director of Parks and Recreation Director of Public Safety Director of Public Works 25 24 23 City Engineer Fire Chief 22 21 Assistant Finance Director City Assessor Information Technology Manager Lieutenant 20 Assistant Engineer Assistant to Public Works Director Building Official HRA Supervisor Human Resources Manager Planning Supervisor Public Works Superintendent Superintendent of Parks Superintendent of Recreation 19 18 City Clerk Civil Engineer Information Systems Coordinator Park Maintenance Supervisor Sergeant Sewer & Water Supervisor Street Supervisor Water Resources Engineer 17 Assistant Building Official Commercial Appraiser Communications Coordinator Finance Officer Supervisor Investigator Project Coordinator Property Management Coordinator Public Safety Education Specialist Risk Management Coordinator Senior Appraiser Senior Planner Support Services Manager Systems Analyst 16 Accountant Building Inspector Engineering Aide • Inspection/Survey Financial Analyst Fire Inspector Forester Page 1 SALARY RANGE Minimum I Maximum 68,052 100,000 60,095 84,781 57,495 80,470 54,896 76,897 52,297 73,324 49,164 69,015 46,258 65,020 43,773 61,603 40,808 57,525 37,996 54,288 36,515 51,623 35,248 48,466 29,815 40,996 10 Accounting Technician 28,554 39,262 Clerical Supervisor - Planning Clerical Supervisor - Police Engineering Technician Housing Technician Leadperson Utility Operator 9 27,496 37,807 8 Accounting Clerk 26,429 36,340 Mechanic 7 25,353 34,861 6 Building Maintenance Worker 24,269 33,376 Community Service Officer Data Control Clerk Data Controllinspection Clerk Engineering Aide - Office Maintenance Worker - Parks Maintenance Worker - Sewer/Water Maintenance Worker - Street Secretary 5 Cashier 23,121 31,791 Meter Reader Sr. ClerklTypist 4 22,023 1996 POSITIONIGRADE SALARY CHART 3 Clerk/Receptionist 20,927 28,775 2 19,833 GRADE JOB TITLE SALARY RANGE Minimum Maximum Planner Plumbing Inspector Police Officer Recreation Supervisor Sr. Engineering Technician Solid Waste Coordinator 15 34,206 47,033 14 Appraiser 33,166 45,603 13 32,119 44,164 12 Computer Support Specialist 31,066 42,715 Forestry Technician Human Resources Technician Housing Inspector Housing Specialist Planning Assistant Volunteer Coordinator Youth Services Officer 29,815 40,996 10 Accounting Technician 28,554 39,262 Clerical Supervisor - Planning Clerical Supervisor - Police Engineering Technician Housing Technician Leadperson Utility Operator 9 27,496 37,807 8 Accounting Clerk 26,429 36,340 Mechanic 7 25,353 34,861 6 Building Maintenance Worker 24,269 33,376 Community Service Officer Data Control Clerk Data Controllinspection Clerk Engineering Aide - Office Maintenance Worker - Parks Maintenance Worker - Sewer/Water Maintenance Worker - Street Secretary 5 Cashier 23,121 31,791 Meter Reader Sr. ClerklTypist 4 22,023 30,282 3 Clerk/Receptionist 20,927 28,775 2 19,833 27,270 1 Clerk[Typist 18,733 25,758 Page 2 CITY OF PLYMOUTH RESOLUTION NO. 95 - APPROVING THE 1996 CLASSIFICATION AND COMPENSATION IMPLEMENTATION PLAN WHEREAS, the City of Plymouth uses a job evaluation in order to determine job value; and WHEREAS, this plan is in compliance with Minnesota Statute 471, commonly known as the "Pay Equity Law"; and WHEREAS, the classification and compensation plan has been updated to reflect changes to the 1996 budget proposals submitted to the City Council for review; and WHEREAS, in keeping with good management practice, City employees and volunteers are sometimes rewarded for suggestions, good safety practices, longevity and good service; and WHEREAS, volunteers are also recognized for their service to the City; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should, and hereby does: 1. Approve the 1996 Classification and Compensation Plan attached hereto. 2. Directs the City Manager to proceed with the ongoing implementation and maintenance of the plan and its components. 3. Approves continuation of volunteer and employee recognition programs as budgeted. Adopted by the City Council on DATE: December 19, 1995 TO: Mayor and City Council FROM: Kathy Lueckert, Assistant City Manager AM/ SUBJECT: Correction to Agenda Item 6-H Attached is the correct position and salary chart for Item 6-H. The changes, made late last week, are as follows: The Planning Clerical Supervisor is changed from a Grade 10 to a Grade 11, reflecting increased responsibility and new duties supervising all clerical staff in Community Development, including Housing. The Housing Technician is changed from a Grade 10 to a Grade 8, reflecting decreased responsibilities. This position is currently vacant. All other portions of the report and resolution remain the same. 1996 POSITIONIGRADE SALARY CHART GRADE JOB TITLE SALARY RANGE 57,525 Minimum I Maximum 27 City Manager 68,052 100,000 26 Assistant City Manager 60,095 84,781 Director of Community Development Information Systems Coordinator Director of Finance & Information Technology Director of Parks and Recreation Director of Public Safety Sergeant Director of Public Works 25 57,495 80,470 24 54,896 76,887 23 City Engineer 52,297 73,324 Fie Chief 22 49,184 69,015 21 Assistant Finance Director 48,258 65,020 City Assessor Information Technology Manager Lieutenant 20 Assistant Engineer 43,773 61,603 Assistant to Public Works Director Building Official HRA Supervisor Human Resources Manager Planning Supervisor Public Works Superintendent Superintendent of Parks Superintendent of Recreation 19 40,808 57,525 18 City Clerk 37,996 54,288 Civil Engineer Information Systems Coordinator Park Maintenance Supervisor Sergeant Sewer & Water Supervisor Street Supervisor Water Resources Engineer 17 Assistant Building Official 36,515 51,823 Commercial Appraiser Communications Coordinator Finance Officer Supervisor Investigator Project Coordinator Property Management Coordinator Public Safety Education Specialist Risk Management Coordinator Senior Appraiser Senior Planner Support Services Manager Systems Analyst 16 Accountant 35,248 48,466 Building Inspector Engineering Aide • InspectionlSwey Financial Analyst Page 1 Rer. 12118195 1996 POSITIONIGRADE SALARY CHART GRADE JOB TITLE SALARY RANGE:jMininunMax'anum Fre Inspector Forester Planner Plumbing Inspector Police Officer Recreation Supervisor Sr. Engineering Technician Solid Waste Coordinator 15 34,206 47,033 14 Appraiser 33,186 45,803 13 32,119 44,164 12 Computer Support Specialist 31,088 42,715 Forestry Technician 25,353 34,861 Human Resources Technician 24,269 33,376 Housing Inspector Housing Specialist Planning Assistant Volunteer Coordinator youth Services Officer 11 Clerical Supervisor - Planning 29,815 40,996 10 Accounting Technician 28,554 39,262 Clerical Supervisor - Police Engineering Technician 23,121 31,791 Leadperson Utility Operator 9 27,496 37,807 8 Accounting Clerk 26,429 36,340 Housing Technician Mechanic 7 25,353 34,861 6 Building Maintenance Worker 24,269 33,376 Community Service Officer Data Control Clerk Data Contropinspection Clerk Engineering Aide - Office Maintenance Worker - Parks Maintenance Worker - Sewer/Water Maintenance Worker - Street Secretary 5 Cashier 23,121 31,791 Meter Reader Sr. Clerk Typist 4 22,023 30,282 3 ClerklReceptionist 20,927 28,775 2 19,833 27,270 1 ClerkfTypist 18,733 25,758 Page 2 Rev. 12118195 Agenda Number: _-L TO: Mayor and City Council FROM: Kathy Lueckert, Assistant City Manager SUBJECT: Establish January 30, 1996 as Annual Legislative Dinner DATE: December 14, 1995 for December 19, 1995 1. ACTION REQUESTED: Establish Tuesday, January 30, 1996 at 6 PM as a Special City Council Meeting for the purposes of the Annual Legislative Dinner. 2. DISCUSSION: In recent years the City Council has invited all legislators serving Plymouth to a dinner in January. At this dinner, counci members and legislators have an opportunity to discuss issues involving the City early in the legislative session. Staff contacted the legislators, and Tuesday, January 30 was the preferred date. Formal letters of invitation will be sent to all the legislators. City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Res. No. 95 - BE IT THEREFORE RESOLVED by the City Council of the City of Plymouth, Minnesota that Tuesday, January 30, 1996 at 6 PM is hereby established as a special city council meeting for the purpose of meeting with Plymouth state legislators. Agenda Number: TO: wight D. Johnson, City Manager through Dale E. Hahn, Finance Director FROM: Jack Tabery, Property Management Coordinator SUBJECT: AWARD OF CONTRACT FOR CITY CENTER COUNCIL CHAMBER MEDIA EQUIPMENT AND INSTALLATION DATE: December 12, 1995 for City Council Meeting December 19, 1995 1. ACTION REQUESTED: Adopt the attached resolution awarding the bid for media equipment and installations to Todd Communications in the amount of $223,118. 2. BACKGROUND: The Council has previously approved action to renovate the Council Chamber. The media equipment and installation component will improve the video transmission capabilities and presentations. 3. DISCUSSION: Plans and specifications were developed by the consultant. Advertisements were made for bids and bids were opened on December 7, 1995. Shown below is a listing of the bids. CONTRACTOR BASE BID LABOR TOTAL Todd Communications 202,914.00 20,204.00 223,118.00 Fred's Service 210,528.81 28,470.19 238,999.00 This project will complete the renovation of the City Council Chambers. The timing for construction seems most appropriate based on bid prices and completion schedule for the project. 4. BUDGET IMPACT: The initial cost estimate was $260,650. The bid price is significantly below our cost estimate. 5. ALTERNATIVES: Alternatives have been reviewed and considered. They include retaining existing media equipment, replacing some components. Each of these were subsequently determined not to be feasible. 6. RECOMMENDATION: I recommend that the City Council award the bid to Todd Communications in the amount of $223,118. CITY OF PLYMOUTH RESOLUTION NO. 95 - AWARDING BID FOR COUNCIL CHAMBERS MEDIA EQUIPMENT AND INSTALLATION WHEREAS, pursuant to advertisement for bids for media equipment and installation for the City Center Council Chambers, bids were received, opened and tabulated according to law and the following bids were received and reviewed: CONTRACTOR TOTAL Todd Communications $223,118.00 Fred's Service 238,998.40 WHEREAS, Todd Communications of Minneapolis, Minnesota is the lowest responsible bidder complying with the minimum specifications; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the Mayor and City Manager are hereby authorized and directed to enter into a contract with Todd Communications of Minneapolis, Minnesota for the media equipment and installation equipment for the Council Chambers according to plans and specifications approved by the City Council in the amount of $223,118 and the City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Agenda Number: TO: Dwight Johnson, City Manager FROM:, Craig C. Gerdes, Director of Public Safety SUBJEC REQUEST TO PURCHASE CAPITAL EQUIPMENT FOR TRAFFIC ENFORCEMENT UNIT DATE: December 11, 1995 for December 19, 1995 Council Meeting 1. ACTION REQUESTED: Approve the expenditure of $8,500 from the 1995 General Fund Contingency and authorize the purchase of capital equipment for the Public Safety Traffic Enforcement Unit. 2. BACKGROUND: The Traffic Enforcement Unit and the patrol division have been effective in reducing the complaints of residential speeding. We need to continue the work with our citizens and keep the program effective. The continuation of the two person unit has been approved in the 1996 budget. Three capital purchases totaling $8,500 were not approved in order to meet the City-wide budget needs. Staff has determined that a surplus in the 1995 fines and forfeitures receipts could be used to purchase these three capital items in 1995. 3. ALTERNATIVES: To not expend funds or purchase capital equipment. 4. DISCUSSION: The equipment to be purchased will enhance the capabilities of the traffic unit and patrol division in speed enforcement and motor carrier weight compliance. The equipment to be purchased includes the following: Laser radar 3,625 and related accessories 560 Portable Wheel Load Weight Scales 2,290 Traffic Counter/Speed Display 1,400 Shipping & Miscellaneous costs 725 TOTAL 8,500 The laser radar has proven to be an excellent tool in speed enforcement. Our department had an opportunity to work with the Minnesota State Patrol's laser during our Northwest Task Force speed enforcement operation. The new weight scales will allow officers to weigh trucks more efficiently. Tandem axles can be measured at the same time saving effort by both officers and truck drivers. The traffic counter will allow us to do more data collection regarding the success of our education and enforcement campaign. It will also assist us in identifying problem areas for target work. 5. BUDGET IMPACT: The City recently received the November 1995 Court fines and forfeitures payment of $64,058. This amount brings the total fines and forfeitures received in 1995 to over $512,000. The 1995 adopted budget Court fines total was $504,000. The December payment will be received late this month. The December average for the last two years has been $33,000. Therefore, the 1995 total Court fines and forfeitures receivable should exceed $540,000, producing approximately $36,000 of General Fund surplus in this account. These additional receipts from fines and forfeitures will more than off -set the expenditure from General Fund Contingency and will not negatively impact the 1995 budget. 6. RECOMMENDATION: This expenditure and purchase been reviewed by the City Manager, Director of Finance, as well as Director of Public Safety. Approval is recommended. DATE: December 12, 1995 for Council Meeting of December 19, 1995 TO: Dwight D. Johnson, City Manager, through X- Fred G. Moore, P.E., Director of Public Works FROM: John R. Sweeney, Assistant City Engineer SUBJECT: REDUCTIONS IN REQUIRED FINANCIAL GUARANTEES ACTION REQUESTED: We have received a requests from the developers for a reduction in the required financial guarantees to reflect completed work in their developments. The City has made inspections of the work and I recommend that the attached resolutions be adopted. These developments are: 1. The Ponds at Bass Creek 2nd Addition 95082) 2. French Ridge Addition 94159) 3. Courtyards of French Creek Addition 93034) 4. Sugar Hills 3rd Addition 94044) 5. Savannah Addition 93112) 6. Eaglewood Addition 92110) V John R. Sweeney 8ssistant City Engineer attachments: Resolutions BR12-19.DOC RESOLUTION NO. 95 - REDUCING REQUIRED FINANCIAL GUARANTEE THE PONDS AT BASS CREEK 2ND ADDITION (95082) WHEREAS, in accordance with the development contract dated September 14, 1995, McHunter Co., LLC, developer of The Ponds at Bass Creek 2nd Addition (95082), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and WHEREAS, the developer has requested a reduction of the required financial guarantee to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the financial guarantee requirements are reduced as follows: That the required financial guarantee for the above items be reduced as detailed above from $411,500 to 165,335 to reflect the completed work. FG95082.DOC ORIGINAL NEW ITEM AMOUNT AMOUNT Street Construction 107,870 79,800 Sanitary Sewer 60,460 12,100 Watermain 48,826 9,800 Storm Sewer 45,220 10,000 Boulevard and Drainage Swale Sod 5,000 5,000 Mitigation Pond Construction 7,840 7,840 NURP Pond Construction 3,500 3,500 Street Signs (2 x 200) 400 400 Site Grading and Drainage Improvements 86,420 17,500 Park and Trail Improvements 0- 0- Setting Iron Monuments 1,875 1,875 Design, Administration, Inspection, As-Builts 44,089 17,520 TOTAL 411,500 165,335 That the required financial guarantee for the above items be reduced as detailed above from $411,500 to 165,335 to reflect the completed work. FG95082.DOC RESOLUTION NO. 95 - THE PONDS AT BASS CREEK 2ND ADDITION (95082) Page Two FURTHER BE IT RESOLVED that the financial guarantee requirements for the following items per Section 8.1 of the approved development contract be reduced as follows: ITEM Maintenance of Erosion and Sediment Control Plan Street Sweeping and Storm Sewer Cleaning (see Grading Permit for required Financial Guarantee) Cash: Financial Guarantee: Adopted by the City Council on December 19, 1995. ORIGINAL NEW AMOUNT AMOUNT 0- $-0- 0- $-0- FG95W2.DOC RESOLUTION NO. 95 - REDUCING REQUIRED FINANCIAL GUARANTEE FRENCH RIDGE ADDITION (94159) WHEREAS, in accordance with the development contract dated July 27, 1995, Janco, Inc., developer of French Ridge Addition (94159), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and WHEREAS, the developer has requested a reduction of the required financial guarantee to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the financial guarantee requirements are reduced as follows: That the required financial guarantee for the above items be reduced as detailed above from $1,034,414 to 310,090 to reflect the completed work. FG94159.DOC ORIGINAL NEW ITEM AMOUNT AMOUNT Street Construction 235,160 141,096 Sanitary Sewer 152,000 30,400 Watermain 185,500 22,260 Storm Sewer 76,490 15,298 Boulevard and Drainage Swale Sod 13,600 1300 Mitigation Pond Construction 8,378 8,378 5 yrs. from date of pond completion) Sediment Pond Construction 10,000 10,000 Street Signs (3 x 200) 600 600 Site Grading and Drainage Improvements 229,622 23,000 Park and Trail Improvements 8,734 8,734 Setting Iron Monuments 3,500 3,500 Design, Administration, Inspection, As-Builts 110,830 33,224 TOTAL 1,034,414 310,090 That the required financial guarantee for the above items be reduced as detailed above from $1,034,414 to 310,090 to reflect the completed work. FG94159.DOC RESOLUTION NO. 95 - FRENCH RIDGE ADDITION (94159) Page Two FURTHER BE IT RESOLVED that the financial guarantee requirements for the following items per Section 8.1 of the approved development contract be reduced as follows: ITEM Maintenance of Erosion and Sediment Control Plan Street Sweeping and Storm Sewer Cleaning Cash: Financial Guarantee: Adopted by the City Council on December 19, 1995. ORIGINAL NEW AMOUNT AMOUNT 1,000 $1,000 41,000 $41,000 FO94159.DOC RESOLUTION NO. 95 - REDUCING REQUIRED FINANCIAL GUARANTEE COURTYARDS OF FRENCH CREEK ADDITION (93034) WHEREAS, in accordance with the development contract dated May 11, 1993, The Courtyards of French Creek, a Minnesota Partnership by Contractor Property Developers Company, its General Partner, developer of Courtyards of French Creek (93034), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and WHEREAS, the developer has requested a reduction of the required financial guarantee to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the financial guarantee requirements are reduced as follows: ITEM ORIGINAL NEW AMOUNT AMOUNT Street Construction 74,312 24,360 Sanitary Sewer 48,810 0- Watermain 40,923 0- Storm Sewer 30,600 0- Boulevard and Drainage Swale Sod 5,000 800 Drainage Pond Construction 2,000 400 Street Signs (1 x 200) 200 0- Site Grading and Drainage Improvements 29,775 0- Park and Trail Improvements 0- 0- Setting Iron Monuments 1,875 0- Design, Administration, Inspection, As-Builts 28,019 3,067 TOTAL 261,514 28,627 That the required financial guarantee for the above items be reduced as detailed above from $31,427 to 28,627 to reflect the completed work. Letter of Credit No. 930519-1A may be reduced accordingly. RESOLUTION NO. 95 - COURTYARDS OF FRENCH CREEK ADDITION (93034) Page Two FURTHER BE IT RESOLVED that the financial guarantee requirements for the following items per Section 8.1 of the approved development contract be reduced as follows: ITEM ORIGINAL NEW AMOUNT AMOUNT Maintenance of Erosion and Sediment Control Plan Street Sweeping and Storm Sewer Cleaning Cash: $1,000 $1,000 Letter of Credit No. 930519-1B: $11,930 $2,983 Adopted by the City Council on December 19, 1995 RESOLUTION NO. 95 - REDUCING REQUIRED FINANCIAL GUARANTEE SUGAR HILLS 3RD ADDITION (94044) WHEREAS, in accordance with the development contract dated June 7, 1994, Eugene R. Forbragd, Darlene R. Forbragd, Martin N. Harstad, and Janice E. Harstad, developer of Sugar Hills 3rd Addition 94044), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and WHEREAS, the developer has requested a reduction of the financial guarantee to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the financial guarantee requirements are reduced as follows: ITEM ORIGINAL NEW AMOUNT AMOUNT Street Construction (Excluding City Projects 170,687 0- 308 and 310) Sanitary Sewer 56,169 0- Watermain (Including costs for difference 84,735 0- between 8" and 12" watermain) Storm Sewer 53,617 0- Boulevard and Drainage Swale Sod 6,800 2,000 Mitigation Pond Construction 10,000 0- Sediment Pond Construction 15,000 0- Street Signs (4 x 200) 800 0- Site Grading and Drainage Improvements 156,000 0- Park and Trail Improvements 0- 0- Setting Iron Monuments 2,000 0- Design, Administration, Inspection, As-Builts 66,697 240 TOTAL 622,505 2,240 That the letter of credit required for the above items be reduced as detailed above from $48,985 to $2,240 to reflect the completed work. Letter of Credit No. 10913 may be reduced accordingly. RESOLUTION NO. 95 - SUGAR HILLS 3RD ADDITION (94044) Page Two FURTHER BE IT RESOLVED that the financial guarantee requirements for the following items per Section 8.1 of the approved development contract be reduced as follows: ITEM Maintenance of Erosion and Sediment Control Plan Street Sweeping and Storm Sewer Cleaning Cash: Letter of Credit No. 10912: ORIGINAL NEW AMOUNT AMOUNT 1,000 $1,000 14,300 $7,150 FURTHER BE IT RESOLVED that the street construction and concrete curb and gutter is accepted for continual maintenance as of December 19, 1995 subject to the Two Year Guarantee by the Developer per Maintenance Bond No. 54-71250. Adopted by the City Council on December 19, 1995 RESOLUTION NO. 95 - REDUCING REQUIRED FINANCIAL GUARANTEE SAVANNAH ADDITION (93112) WHEREAS, in accordance with the development contract dated June 22, 1994, Lundgren Bros. Construction, Inc., developer of Savannah Addition (93112), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and WHEREAS, the developer has requested a reduction of the required financial guarantee to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the financial guarantee requirements are reduced as follows: ITEM ORIGINAL NEW AMOUNT AMOUNT Street Construction Except City Proj. No's 213 & 907) 99,660 0- Sanitary Sewer Except City Proj. No's 213 & 907) 101,420 0- Watermain Except City Proj. No's 213 & 907) 80,410 0- Storm Sewer 42,570 0- Boulevard and Drainage Swale Sod 7,000 2,000 Mitigation Pond Construction 9,500 0- Sediment Pond Construction (Including wall) 14,500 2,900 Street Signs (3 x 200) 600 0- Site Grading and Drainage Improvements Except City Proj. No's 213 & 907) 164,000 0- Park and Trail Improvements 0- 0- Setting Iron Monuments 2,900 0- Design, Administration, Inspection, As-Builts 62,707 588 TOTAL 585,267 5,488 That the required financial guarantee for the above items be reduced as detailed above from $24,802 to 5,488 to reflect the completed work. Letter of Credit No. 13279 may be reduced accordingly. BR93112.DOC RESOLUTION NO. 95 - SAVANNAH ADDITION (93112) Page Two FURTHER BE IT RESOLVED that the financial guarantee requirements for the following items per Section 8.1 of the approved development contract be reduced as follows: ITEM Maintenance of Erosion and Sediment Control Plan Street Sweeping and Storm Sewer Cleaning Cash: Letter of Credit: ORIGINAL NEW AMOUNT AMOUNT 1,000 $1,000 45,500 $22,750 FURTHER BE IS RESOLVED that the street construction and concrete curb and gutter is accepted for continual maintenance as of December 19, 1995 subject to the One Year Guarantee by the Developer per the required Maintenance Bond. Adopted by the City Council. on December 19, 1995 BR93112.DOC RESOLUTION NO. 95 - REDUCING REQUIRED FINANCIAL GUARANTEE EAGLEWOOD ADDITION (92110) WHEREAS, in accordance with the development contract dated April 12, 1993, Argus Development, Inc., developer of Eaglewood Addition (92110), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and WHEREAS, the developer has requested a reduction of the financial guarantee to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the financial guarantee requirements are reduced as follows: ITEM ORIGINAL NEW AMOUNT AMOUNT Street Construction 109,519 0 - Sanitary Sewer 58,962 0- Watermain 411270 70 - Storm Sewer 61,826 0- Boulevard and Drainage Swale Sod 7,400 1,200 Mitigation Pond Construction 4,180 836 Street Signs (3 x 200) 600 0- Site Grading and Drainage Improvements 111,928 0- Park and Trail Improvements 4,449 0- Setting Iron Monuments 3,000 0- Design, Administration, Inspection, As-Builts 48.376 244 TOTAL 451,510 2,280 That the letter of credit required for the above items be reduced as detailed above from $3,624 to $2,280 to reflect the completed work. Letter of Credit No. SA 89401094 may be reduced accordingly. RESOLUTION NO. 95- EAGLEWOOD ADDITION (92110) Page Two FURTHER BE IT RESOLVED that the financial guarantee requirements for the following items per Section 8.1 of the approved development contract be reduced as follows: ITEM ORIGINAL NEW AMOUNT AMOUNT Maintenance of Erosion and Sediment Control Plan Street Sweeping and Storm Sewer Cleaning Cash: $1,000 $1,000 Letter of Credit No. 214: $17,600 $4,400 Adopted by the City Council on December 19, 1995 Agenda Number: 6 _ M DATE: December 11, 1995 for the City Council Meeting of December 19, 1995 TO: Dwight D. Johnson, City Manager through Fred G. Moore, P.E., Director of Public Works FROM: Daniel L. Faulkner, P.E. City Engineer SUBJECT: ACCEPT PETITIONS, ORDER PRELIMINARY ENGINEERING REPORTS, RECEIVE REPORTS, AND ORDER STREET LIGHT PROJECTS WESTBRANCH 3RD ADDITION AND NANTERRE ADDITION ACTION REQUESTED: Make a motion to adopt the attached resolutions to accept the petitions, order Preliminary Engineering Reports, receive reports, and order street light projects for West Branch 3rd Addition and Nanterre Addition. BACKGROUND: We have received petitions from Bill Pritchard of Orrin Thompson Homes requesting installation of street lights in Westbranch 3rd Addition and from James Fenning of Weston Corporation requesting installation of street lights in Nanterre Addition and have prepared reports for the projects. RECOMMENDATIONS AND CONCLUSIONS: I recommend the City Council adopt the attached resolutions accepting the petitions, ordering the Preliminary Engineering Reports, receiving the reports, and order street light projects for Westbranch 3rd Addition, and Nanterre Addition. r c -t),4, 7 - e: t l Daniel L. Faulkner, P.E. attachments: Resolutions Petitions Preliminary Engineering Reports Maps WMNAMMOC CITY OF PLYMOUTH RESOLUTION NO. 95 - DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT STREET LIGHTING WESTBRANCH 3RD ADDITION WHEREAS, a petition has been received from the developer requesting installation of ornamental residential street lighting in the Westbranch 3rd Addition. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. A certain petition requesting the improvement of Westbranch 3rd Addition by the installation of residential ornamental street lighting, filed with the City Council on December 19, 1995 is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformance to Minnesota Statutes Section 429.035. 2. The petition is signed by 100 % of the affected property owners and they have waived their rights to public improvement and special assessment hearings. 3. The petition is hereby referred to the City Engineer and he is instructed to report to the City Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in conjunction with some other improvement and the estimated cost of the improvement as recommended. Adopted by the City Council on December 19, 1995. WESrB.DOC CITY OF PLYMOUTH RESOLUTION NO. 95 - RECEIVING REPORT AND ORDERING PROJECT STREET LIGHTING WESTBRANCH 3RD ADDITION WHEREAS, pursuant to a resolution of the Council adopted December 19, 1995 a report has been prepared by the City Engineer with reference to the improvement of Westbranch Addition by the installation of ornamental residential street lights and this report was received by the Council on December 19, 1995. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The City Council finds and determines that said petition was signed by all the owners of real property within the plat named as the location of the improvements. 2. Such improvement is hereby ordered as proposed in the Council resolution adopted December 19, 1995. The petitioners have waived their right to a public hearing. 3. The City Engineer is hereby designated as the engineer for these improvements. He shall coordinate the work which will be done by Northern States Power Company. Adopted by the City Council on December 19, 1995. WESfB.DOC CITY OF PLYMOUTH RESOLUTION NO. 95 - DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT STREET LIGHTING NANTERRE ADDITION WHEREAS, a petition has been received from the developer requesting installation of ornamental residential street lighting in the Nanterre Addition. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. A certain petition requesting the improvement of Nanterre Addition by the installation of residential ornamental street lighting, filed with the City Council on December 19, 1995 is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformance to Minnesota Statutes Section 429.035. 2. The petition is signed by 100% of the affected property owners and they have waived their rights to public improvement and special assessment hearings. 3. The petition is hereby referred to the City Engineer and he is instructed to report to the City Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in conjunction with some other improvement and the estimated cost of the improvement as recommended. Adopted by the City Council on December 19, 1995. NAWERRE.DOC CITY OF PLYMOUTH RESOLUTION NO. 95 - RECEIVING REPORT AND ORDERING PROJECT STREET LIGHTING NANTERRE ADDITION WHEREAS, pursuant to a resolution of the Council adopted December 19, 1995 a report has been prepared by the City Engineer with reference to the improvement of Nanterre Addition by the installation of ornamental residential street lights and this report was received by the Council on December 19, 1995. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The City Council finds and determines that said petition was signed by all the owners of real property within the plat named as the location of the improvements. 2. Such improvement is hereby ordered as proposed in the Council resolution adopted December 19, 1995. The petitioners have waived their right to a public hearing. 3. The City Engineer is hereby designated as the engineer for these improvements. He shall coordinate the work which will be done by Northern States Power Company. Adopted by the City Council on December 19, 1995. NAWERRE.DOC PRELI IINARY ENGINEERING REPORT ORNAMENTAL RESIDENTIAL STREET LIGHTING SYSTEM WESTBRANCH 3RD ADDITION Attached to this report is a petition received from the developer and/or property owners of 100% of the property known as Westbranch 3rd Addition requesting street lights. The project consists of the installation of ornamental street lights for the plat with the lights to be placed at the locations shown on the attached map. There are three (3) lights at a monthly cost of $15.05 per light for a total cost of 50.85 per month, including sales tax and contingencies at $.10 per lot. The project would be billed on a monthly basis to all the lots in the addition, a total of 26 lots, which results in an estimated cost of $1.96 per lot per month. The rate quoted above is dependent upon the operating cost for Northern States Power Company under contract franchise with the City of Plymouth. The lights will be their standard "traditional" post top unit mounted on a fiberglass pole and the wiring will be underground from the transformer. The project is feasible and should be undertaken as outlined above. Reg. No Daniel L. Faulkner 19956 DATED: December 19, 1995 WESfB.DOC N 0 G uj IrV 2 1J1101 Z j ` 9 S 8m E J x O pF Z Z S; W m 9 yW W F m LL y sy N 0 G IrV r` n N 0 G My OF PLYMOUTH PETITION FOR STREET LIGHTiING We, the undersigned, do hereby peition the City of Plymouth, Mayor and Council for the installation ofstreetlightsinthefollowingarea; LOTS 12-30, BLOCK 3; LOTS 5,6,7, 22,23 AND 24, BLOCK 3 WESTBRANCH 3RD ADDITION We do hereby waive our right to public improvement hearings and special assessment hearings on thisimprovement. TAN WILLIAM PRITCHARD ORRIN THOMPSON HOMES 8421 WAYZATA BLVD. GOLDEN VALLEY, MN 55426 NOVEMBER28, 19 DM=10 PRELIMINARY ENGINEERING REPORT ORNAMENTAL RESIDENTIAL STREET LIGHTING SYSTEM NANTERRE ADDITION Attached to this report is a petition received from the developer and/or property owners of 100% of the property known as Nanterre Addition requesting street lights. The project consists of the installation of ornamental street lights for the plat with the lights to be placed at the locations shown on the attached map. There are eleven (11) lights at a monthly cost of $15.05 per light for a total cost of 181.10 per month, including sales tax and contingencies at $.10 per lot. The project would be billed on a monthly basis to all the lots in the addition, a total of 45 lots, which results in an estimated cost of $4.02 per lot per month. The rate quoted above is dependent upon the operating cost for Northern States Power Company under contract franchise with the City of Plymouth. The lights will be their standard "traditional" post top unit mounted on a fiberglass pole and the wiring will be underground from the transformer. The project is feasible and should be undertaken as outlined above. i1cL I GL c Reg. No Daniel L. Faulkner 19956 DATED: December 19, 1995 NANCPREL.DOC J v n 4 Ar t a P: : - C , 0• .. FyYi( 'R y N v.ai'•iC.iw. . . - owl w 44 O m 14 o O 3 aY e1 ' 1Rf` j' i 4t 4 Cl f r - 1••s I J y n 1 1 i A ' e v s 1 ,kh :. .i 1 1F":, Y• 4 \ f.1} ! 5.1, fp CITY OF PLYMOUTH PETITION FOR STREET LIGHTING We, the undersigned, do hereby peition the City of Plymouth, Mayor and Council for the installation of street lights in the following area: X10, v\ A -e r +, e. C i nj. o ' P l ww v %- i u 2 n e p Lo- C v We do hereby waive our right to public improvement hearings and special assessment hearings on this improvement. 10..es 0• F2 -t ADDRESS DATE 11- 2--7 - 19q5- r R Agenda Number: ?-A TO: Dwight Johnson, City Manager elvtom.. FROM: Edward GoldsmithJHRA Supervisor through Anne Hurlburt, Community Development Director SUBJECT: Public Hearing and Consideration of Preliminary Resolution Approving the Issuance of Approximately $11,500,000 in Multifamily Housing Revenue Bonds for Fox Forest Apartments DATE: December 11, 1995 for the City Council Meeting of December 19, 1995 1. PROPOSED MOTION: That the City Council adopt the attached resolution adopting an amended and restated housing program for the issuance of multifamily housing revenue bonds for the Fox Forest Apartments Project and giving preliminary approval for same. 2. BACKGROUND: Fox Forest Apartments is a 160 unit rental townhome complex at Magnolia Lane and Eighteenth Avenue North that was built in 1985. The City originally issued $9,190,000 in housing revenue bonds for this complex in 1984 and subsequently issued new bonds in 1989 for $8,600,000 to refund the original issue. The proposed bond issue would consist of $8,440,000 in tax exempt housing revenue refunding bonds and up to $3,060,000 in taxable housing revenue bonds for a total bond issue of $11,500,000. This refinancing is part of a restructuring of the ownership of the complex. 3. DISCUSSION: The City is under no obligation to refund the bonds for this complex. The terms under which the original bonds were issued provided for 20 % of the units at Fox Forest to be occupied by persons at or below 80 % of the metropolitan median income for a period of ten years. This ten year period recently expired, however a refunding of the bonds would extend this period for an additional six years. Staff has been discussing with representatives of the owner the City's need for rental housing that is affordable to families at and below 50% of median income. Base rents at Fox Forest are approximately $400 to 575 per month above what is affordable to a family at 50% of median income. The owner's representatives have indicated that they do not consider it to be practical to provide such affordable units at this complex. As an alternative to providing such units at Fox Forest, staff and the City's Bond Counsel have negotiated a commitment from the owner to provide to the City's HRA $30,000 per year for the life of the bonds to be used to assist affordable housing in the City. These payments would be part of their required payment to the bond trustee, who would remit the funds annually to the HRA. Failure by the owner to make these payments would result in a default under the bond agreements, subject to the appropriate remedies. Under the terms of the bond sale, these payments would be made for a minimum of ten years and a maximum of twenty years. Consideration of final approval by the Council for the bond sale is expected to occur next month. 3. BUDGET MWACT: As with other revenue bond issuances of the City, there would be no financial liability for the City. However, as indicated above, the City's HRA would receive $30,000 per year for a minimum of ten years and a maximum of twenty years to be used to assist affordable housing in Plymouth. In addition to application and bond fees paid to the City, all costs of the bond issue are paid by the applicant. However, the City's good name and reputation would be connected to this issuance. 4. RECOMMENDATION: After holding the scheduled public hearing, that the Council adopt the attached resolution, prepared by Bond Counsel, adopting an amended and restated housing program for the issuance of multifamily housing revenue bonds for the Fox Forest Apartments Project and giving preliminary approval for same. ATTACHMENTS: 1. Draft Council Resolution CITY OF PLYMOUTH COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. ADOPTING AN AMENDED AND RESTATED HOUSING PROGRAM FOR THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS AND GIVING PRELIMINARY APPROVAL FOR THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT OF APPROXIMATELY $11,500,000. WHEREAS, pursuant to the Minnesota Municipal Housing Act, Minnesota Statutes, Chapter 462C (the "Act"), the City of Plymouth (the "City") is authorized to carry out housing programs for the financing of multifamily housing developments including the payment of interest on taxable and tax exempt bonds, the establishment of reserves to secure such bonds and the payment of all other expenditures of the City incident to and necessary or convenient to carry out such program; and WHEREAS, the City has previously adopted a program relating to the hereinafter defined Project; and WHEREAS, the City has determined to amend and restate such program to provide for the issuance of additional bonds with respect to the Project (the "Program"); and WHEREAS, the Act requires adoption of the Program after a public hearing held thereon after publication of notice in a newspaper of general circulation within the City at least fifteen (15) days in advance of the hearing; and WHEREAS, the City on this date conducted a public hearing on the Program, after publication of notice as required by the Act; and WHEREAS, the- Progtam provides for the issuance of multifamily housing revenue refunding bonds in an aggregate principal amount of approximately $8,440,000 and taxable multifamily housing revenue bonds in an aggregate principal amount of approximately $3,060,000 to refinance a 160 -unit multifamily rental housing development located at 1796 Magnolia Lane within the City (the "Project"). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Plymouth, Minnesota, as follows: 1. The Program, as amended and restated, for the Project is hereby in all respects adopted. 2. The City hereby ratifies the prior publication of the notice of public hearing. 3. The City staff, its consultants and bond counsel are hereby authorized to do all things and take all actions as may be necessary or appropriate to carry out the Program in accordance with the Act and any other applicable laws and regulations. 4. The issuance of approximately $8,440,000 principal amount of multifamily housing revenue refunding bonds and approximately $3,060,000 principal amount of taxable multifamily housing revenue refunding bonds pursuant to the Program to finance the Project is hereby given preliminary approval. 5. Notwithstanding the foregoing, however, the adoption of this resolution shall not be deemed to establish a legal obligation on the part of the City or its City Council to issue or cause the issuance of such revenue bonds. The City retains the right in its sole discretion to withdraw from participation and accordingly not to issue the Bonds, or to issue the bonds in an amount less than the amount referred to in this resolution, should the City, at any time prior to issuance thereof, determine that it is in the best interests of the City not to issue the bonds, or to issue the bonds in an amount less than the amount referred to in this resolution, or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. The Bonds, if issued, shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, except the revenues specifically pledged to the payment thereof, and each Bond, when, as and if issued, shall recite in substance that the Bond, including interest thereon, is payable solely from the revenues and property specifically pledged to the payment thereof and shall not constitute a debt of the city within the meaning of any constitutional or statutory limitations. Agenda Number: ?- DATE: December 11, 1995 for the City Council Meeting of December 19, 1995 TO: Dwight D. Johnson, City Manager through Fred G. Moore, P.E., Director of Public Works FROM: Daniel L. Faulkner, P.E. City Engineer SUBJECT: AUTHORIZE THE VACATION OF DRAINAGE AND UTILITY EASEMENTS WITHIN LOTS 4, 5, 6, 7, AND 8, BLOCK 4 HOLLY CREEK 3RD ADDITION ACTION REQUESTED: Make a motion to adopt the attached resolution authorizing vacation of drainage and utility easements within lots 4, 5, 6, 7, and 8, Block 4, Holly Creek 3rd Addition. BACKGROUND: The City Council has established a public hearing for December 19, 1995 based on a petition submitted by Paul G. McGinley of Loucks and Associates to vacate drainage and utility easements within Lots 4, 5, 6, 7, and 8, Block 4, Holly Creek 3rd Addition. Scherber properties has received council approval for the final plat of Holly Creek 4th Addition 95027) which incorporates Lots 4, 5, 6, 7, and 8, Block 4, Holly Creek 3rd Addition. The easements in their current location will no longer be necessary. The required drainage and utility easements will be dedicated on the final plat of Holly Creek 4th Addition. Also included is a condition of approval resolution stating that the vacation will not be filed with Hennepin County until the final plat of Holly Creek 4th Addition is recorded at Hennepin County. RECOMMENDATIONS AND CONCLUSIONS: Unless new information is submitted at the public hearing, I recommend the City Council adopt the attached resolution vacating the drainage and utility easements within Lots 4, 5, 6, 7, and 8, Block 4, Holly Creek 3rd Addition and the resolution setting conditions. Daniel L. Faulkner, P.E. attachments: Resolutions Map AU MHOUMOC CITY OF PLYMOUTH RESOLUTION NO. 95 - AUTHORIZING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS IN HOLLY CREEK 3RD ADDITION WHEREAS, a petition was received to vacate certain drainage and utility easements in Holly Creek 3rd Addition; and WHEREAS, said petition was signed by a majority of the owners of the land abutting the area proposed to be vacated; and WHEREAS, a public hearing with respect to said vacation was scheduled for December 19, 1995 in accordance with Minnesota Statutes 412.851 and the City Charter Section 12.06; and WHEREAS, a notice of publication of said hearing was published and posted two weeks prior to the meeting of December 19, 1995; and WHEREAS, all property owners adjacent to the proposed vacation were duly notified by mail; and WHEREAS, the Council did hold a public hearing on December 19, 1995 to inform any and all interested parties relevant to the vacation of drainage and utility easements in Holly Creek 3rd Addition; and WHEREAS, it was determined by the City Council that said easements were not needed for public purposes; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the following drainage and utility easements be vacated: Those parts of the drainage and utility easements dedicated by and shown in Block 4, HOLLY CREEK 3RD ADDITION, Hennepin County, Minnesota, described as follows: Those parts of the south 10.00 feet and the north 6.00 feet of Lot 8, said Block 4, lying west of the east 10.00 feet thereof and lying east of the west 20.00 feet thereof, together with those parts of the south 6.00 feet and the north 6.00 feet of Lot 7, said Block 4, lying west of the east 10.00 feet thereof and lying east of the west 20.00 feet thereof, together with those parts of the south 6.00 feet and the north 6.00 feet of Lot 6, said Block 4, lying west of the east 10.00 feet thereof and lying east of the west 20.00 feet thereof, together with those parts of the south 6.00 feet and the northerly 6.00 feet of Lot 5, said Block 4, lying west of the easterly 10.00 feet thereof and lying easterly of that line labeled survey line" on said Lot 5, together with that part of the southerly 6.00 feet of Lot 4, said Block 4, lying westerly of the southeasterly 10.00 feet thereof and lying easterly of that line labeled "survey line" on said Lot 4. Adopted by the City Council on December 19, 1995. HOLLYCRIDOC RESOLUTION 95 - Page 2 STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this .day of City Clerk CITY OF PLYMOUTH RESOLUTION NO. 95 - SETTING CONDITIONS TO BE MET PRIOR TO FILING OF RESOLUTION NO. 95 - VACATING DRAINAGE AND UTILITY EASEMENTS WITHIN HOLLY CREEK 3RD ADDITION WHEREAS, the City Council has authorized the vacation of drainage and utility easements within Holly Creek 3rd Addition by Resolution No. 95 - NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That said resolution shall not be filed until the final plat of Holly Creek 4th Addition is recorded at Hennepin County. Adopted by the City Council on December 19, 1995. 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I / _ _ o i Y9/• I g / W - e 01'BCIM.00,00.9BN - r -t _ OS'LOZe T- -% r N o W .9111191.9z- V 00'601 W I Ery I 3 .\\ Z °ry y LI'96=1 o o ,. orocI . 00,00rry°jor _ e98S Isad mi a'IVoS 7m% m% 0zt 09 0 J xixox a w W W cn zV J O 8_ J LL co w U) Qa cc W m Q O 1:0 F- fr S(0 n z cr9 00cco LL s aol - i i I ice/ LIJ I LI—j I I I I I I I w i N IOC rll n I IY 3zs z I 18 II g9S I ball 0 I I JJU N wv ar W q W I 1 W N O U r V morn i l Gil T\ 9b LL s aol - i i I ice/ LIJ I LI—j I I I I I I I w i N IOC rll n I IY 3zs z I 18 II g9S I i I ball 0 I I JJU N wv ar W q W I W N O U r V morn i l Gil T\ 9b II v R I Agenda Number: 61 - i TO: Mayor and City Council FROM: Dwight D. Johnson, City Manager SUBJECT: Calling for special election on recreation facilities DATE: December 13, 1995 1. ACTION REQUESTED: Approve the attached resolution approving a question to be submitted to the voters of Plymouth at a special election on February 6, 1996 for the purpose of authorizing the expenditure of $5,000,000 from the Community Improvement Fund to design, construct, and equip indoor ice arena facilities and swimming facilities. 2. BACKGROUND: The Sports Facilities Task Force has recently completed its work and has identified the need for ice arena facilities and swimming facilities as top priorities for the community. Staff research on the cost of ice arenas indicates that the total cost of design and construction may be $4,800,000. It is estimated that $800,000 of this amount may be received in grants or donations to offset this cost. Swimming pool costs range from $1.5 million on up, depending upon the type of pool and size. The City has identified other existing City funds that could be used to complete a recreation project. School District 284 has indicated some interest in financial participation with the City in the construction of pool facilities instead of building and operating its own separate facility at one of its schools. The high school referendum approved last May earmarked 1,500,000 of school funds for swimming facilities. The City has also received interest from private health/fitness clubs to construct facilities in coordination with the City. Discussions with one club are still continuing. 3. ALTERNATIVES: The City may choose to construct facilities, or choose not to construct any new facilities at this time. Construction of new facilities will entail the costs noted above for construction. Choosing not to construct the new facilities will mean that Plymouth residents will continue to spend $600,000 per year for ice arena facilities elsewhere during inconvenient hours at long distances from Plymouth. W& 4. DISCUSSION: The City Charter requires approval by the voters for any expenditure of funds from the Community Improvement Fund that exceeds $3.0 million. The proposed expenditure of $5,000,000 would still leave about half of the fund remaining for future use. Attached is a spreadsheet with the estimated revenues for the Community Improvement Fund and a copy of the financial planning memorandum first issued in January, 1995. The proposed ballot language specifies the amount and the uses of the funds, and makes clear that the proposed funds are existing funds on hand with the City. It further clarifies that this measure is not a proposal for a bond issue and will not entail a tax increase to pay bonded indebtedness. The February 6, 1996 date is the earliest Tuesday date allowed by law, which requires a 45 day time period between the calling of the election and the voting. 5. BUDGET IMPACT: It is expected that there will be revenues from the project sufficient to pay for the out-of-pocket costs of operation. Therefore, no impact on the City's tax rate is anticipated. 6. RECOMMENDATION: I recommend that the Council approve the ballot question and establish February 6, 1996 as the date of the special election to approve the use of Community Improvement Funds for these purposes. City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Resolution No. 95 - CALLING FOR A SPECIAL ELECTION RELATING TO THE EXPENDITURE OF COMMUNITY IMPROVEMENT FUNDS AND OTHER FUNDS WHEREAS, the City Council of the City of Plymouth has determined it is in the best interest of the City to expend $5,000,000 from the Community Improvement and other funds in order to finance the design, construction and equipping of an ice arena, swimming pools and related site improvements; and WHEREAS, pursuant to the City's Home Rule Charter (Section 7.14, subd.3) requires that a majority of voters in a regular or special election approve an expenditure from the Community Improvement Fund which exceeds $3,000,000; WHEREAS, pursuant to the City's Home Rule Charter and Minnesota Statutes, Chapter 205, as amended, ("Chapter 205"), the City may call a special election for the purpose of voting on this matter; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA AS FOLLOWS: 1. The City Council hereby calls for a special election to be held pursuant to the City's Home Rule Charter on Tuesday, February 6, 1996, from 7:00 AM to 8:00 PM relating to the authorization by the electors to expend funds from the Community Improvement Fund and other funds. 2. The question to be voted on shall read as follows: SHALL THE CITY OF PLYMOUTH BE AUTHORIZED TO SPEND UP TO $5,000,000 FROM THE COMMUNITY IMPROVEMENT FUND, TO BE COMBINED WITH OTHER FUNDS, FOR THE PURPOSE OF DESIGNING, CONSTRUCTING, AND EQUIPPING A FACILITY INCLUDING AN INDOOR ICE ARENA, SWIMMING POOLS, AND RELATED SITE RVIPROVEMENTS? THESE ARE FUNDS ON HAND AND A TAX INCREASE WILL NOT BE NEEDED TO PAY BONDED INDEBTEDNESS FOR THIS PROJECT. 3. The City is hereby directed to (1) publish and post the notice of the election, substantially in the form attached hereto as Exhibit A; (ii)post the sample ballot; and (iii) provide written notice of the election to the County Auditor of the County of Hennepin, all as provided by Chapter 205. EXHIBIT A FORM OF NOTICE NOTICE OF SPECIAL ELECTION CITY OF PLYMOUTH, MINNESOTA NOTICE IS HEREBY GIVEN, that a special election has been called and will be held in and for the City of Plymouth, State of Minnesota, on Tuesday, the 6th day of February, 1996, for the purpose of voting on the following question: SHALL THE CITY OF PLYMOUTH BE AUTHORIZED TO SPEND UP TO $5,000,000 FROM THE COMMUNITY IMPROVEMENT FUND, TO BE COMBINED WITH OTHER FUNDS, FOR THE 0 YES PURPOSE OF DESIGNING, CONSTRUCTING, AND EQUIPPING A FACILITY INCLUDING AN INDOOR ICE ARENA, SWIMMING 0 NO POOLS, AND RELATED SITE IMPROVEMENTS? THESE ARE FUNDS ON HAND AND A TAX INCREASE WILL NOT BE NEEDED TO PAY BONDED INDEBTEDNESS FOR THIS PROJECT. INSTRUCTIONS TO VOTERS: Voters desiring to vote in favor of the above proposition place a cross mark (X) in the square opposite the word "YES" next to that proposition. Voters desiring to vote against the above proposition place a cross mark (X) in the square opposite the word "NO" next to that proposition. C cc CL O WU CA CD d' r N M O Lfl M CD CD O m M O7 O Z Z O M M CO r a-- M O M Z J Cn LCA CA 1 M I O f\ r - Co N CD N W Q r -r-- CO M e- M CD d- Cn G a O N C- M L6 e— Ocm O W O C O O O LCA F— N Cm r - Z W 0- X W N 00 1 CD O 1 00 M N CA) W o a-- M M M M= 1- M M M LCA M O 00 r- O O C ml 1 00 M O 00 00 CD M W Z M r- 00 d' 00 d' M LC) r"% 1 Lfl e- CD LOLO CC) M CD M D Z U. H M MN O 00 CD O co O N O r -,M CD O Z LU Z O CD C'7 N 2 Q N M M O C37 t O Gt MW L W Va--- W LLa C/D LU C C/3 Q O U CL W O O O O C z cm m 0 0 O Z W n fit' O Z Q O F— LL O N Q O O m m U CD Z W d- M M CC 1 Cr e- N M O Lfl M CD Ca 00 Liz M Z Z Z J cr co C36 m CA F, M c: r- e- e- M N C m Cr 1 1- co M a- CJS co LU m C77 a O r- N C- ) M d' O QI cf' C7) Lt7 CJS CD C7 C57 00 C?) Cn m O O a- O N O W C7 CJS C7 C7 C77 m O O O y. e— e— a— C cc CL d Y CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447 DATE: January 12, 1995 TO: Mayor and City Council FROM: Dwight D. Johnson, City Manager SUBJECT: Financial Planning for Future Capital Needs BACKGROUND: At the January 3, 1995 study session, Council members requested that staff explore future capital needs in relation to present and future available capital funds. The immediate issue relates to alternative concepts for improving the CityCouncilChambers. However, interest in accelerating our trail development was expressed at our budget work sessions last August and the work of the Open Space subcommittee also requires a long range view of our capital financing. ASSUMPTIONS: The City's capital financing plans are quite diverse and complicated. Many of the items noted below need further study. themselves. However, staff believes that the following simplifying assumptions are reasonable within the big picture context of this memorandum. Capital Improvement Program. It is assumed that the approved CIP is fully funded through 1998 from existing revenue sources. Road Improvements. Road improvements not in the CIP, including signals, bridges and other related projects, will be funded by available MSA and TIF funds, and will not absorb funding from other sources. Street Reconstruction. It is assumed that current funding sources for the street reconstruction program are adequate for the next ten years; however, beyond 2005, additional resources may be necessary. The projections beyond 2005 will require further review. Water and Sewer Improvements. Any water and sewer improvements will be funded by the Utility Trunk Fund or other utility reserve funds. Surface Water Management Projects, including future water quality projects, will be funded from the Stormwater Utility Fund and/or a future surface water utilityfee. Parks. The completion of the City's planned park system and much of the currently planned trail system can eventually be funded through present and future park dedication fees. Reserves. It is assumed that it would be financially risky to spend all of the undesignated funds in a short period of time. Staff believes that it would be wise to reserve about $5 million of the Community Improvement Fund for unknown future needs or opportunities as well as $1 million of the Project Administration Fund, which helped fund our wetland studies in 1994 and will be funding our Northwest Plymouth and Thoroughfare Guide Plan Studies in 1995. Council Chambers. The scenario shown below does not provide for the larger Council Chamber lobby expansion alternative. AVAILABLE SOURCES OF FUNDS: The following chart shows the estimated available balances from all undesignated City funds. Community Improvement Fund CIF) Project Administration Fund Permanent Improvement Revolving Cable TV Reserve Fund Projected Balance 2,700,000 2,900,000 750,000 510.000 Proposed Reserve 5,000,000 1,000,000 Available Balances 7,700,000 1,900,000 750,000 510.000 1610860,000 6,000,000 10,860,000 POSSIBLE FUTURE PROJECTS AND UNDESIGNATED BALANCES With these assumptions in place, it is now possible to analyze future projects and undesignated balances. This chart below shows only one of many possible scenarios and much more work needs to be done on this long range planning effort. With the exception of the Cable TV Fund, any of the funds could be used for any of the listed projects. We have attempted to show by the arrangement of the chart how some funds could reasonably be aligned with certain projects or groups of projects. We are not sure if Cable TV funds could be used for unrelated purposes without further review of our franchise agreement and other documents. Project Cost Available Balances Trail Construction (unfunded) 1,000,000 Bond Issue or CIF $7,700,000 Open Space acquisition 3,000,000 it Swimming Pool 3,000,000 if Ice Arena 3,000,000 to Field House 1,750,000 It Gym Spaces 1,000,000 Senior Center 1,500,000 of Subtotal 1411250,000 7,700,000 with no bond issues Fourth Fire Station $1,900,000 Project Administration Fund 1,900,000 Council Chambers project $510,000 Cable TV Funds $510,000 Replacement of existing Permanent Improvement Revolving facilities and equipment $750,000 Fund $750,000 Municipal Golf Course ? (Might repay its capital costs with fees) Totals $17,410,000 $10,860,000 with no bond issues. COI\EVT,NTS: The projects shown are not a part of any approved plans. The staff does not represent that all of the projects will necessarily be needed in the future, but rather presents a list of projects that have a reasonable possibility of being needed at some future date. The cost estimates are only staff estimates based upon similar projects in other cities. This brief analysis seems to show that some bonding might be needed sooner or later if the City decides that most of the projects will be needed at some point. Both the project list and the assumptions in this memorandum should be discussed with the Council in more detail at future study sessions. The chart is simply intended to give the Council the best currently available perspective on the immediate financial issues at hand relating to the Council Chambers renovation and the Open Space Committee recommendations. FUTPROJ.XLS Pape 1 POSSIBLE FUTURE PROJECTS AND UNDESIGNATED FUND BALANCE Original Projection Available Funding Source Project Cost and Balances Trail Construction 1,000,000 Bond or CIF, $7,700,000 Open Space Acquisition 3,000,000 Bond or CIF, $7,700,000 Swimming Pool 3,000,000 Bond or CIF, $7,700,000 Ice Arena 3,000,000 Bond or CIF, $7,700,000 Field House 1,750,000 Bond or CIF, $7,700,000 Gym Spaces 1,000,000 Bond or CIF, $7,700,000 Senior Center 1,500,000 Bond or CIF, $7,700,000 Subtotal 14,250,000 7,700,000 with no bond issues Fourth Fire Station Council Chambers 1,900,000 510,000 Project Administration, $1,900,000 CATV Fund, $510,000 Replace equip/facilities 750,000 PIR Fund, $750,000 Municipal Golf Course Might repay capital with fees Total 17,410,000 10,860,000 with no bond issues POSSIBLE FUTURE PROJECTS AND UNDESIGNATED FUND BALANCE Option 3—$2,000,000 bond issue for open space and trails, plus $1,000,000 from CIF Funding Sources Project Cost and Balances Swimming Pool 3,000,000 Bond or CIF, $6,700,000 Ice Arena 3,000,000 Bond or CIF, $6,700,000 Field House 1,750,000 Bond or CIF, $6,700,000 Gym Spaces 1,000,000 Bond or CIF, $6,700,000 Senior Center 1,500,000 Bond or CIF, $6,700,000 Subtotal 10,250,000 6,700,000 with no bond issues Fourth Fire Station Council Chambers 1,900,000 510,000 Project Administration, $1,900,000 CATV Fund, $510,000 Replace equip/facilities-----i750,000 PIR Fund, $750,000 Municipal Golf Course Might repay capital with fees Total 13,410,000119,860,000 with no bond issues Pape 1 Agenda Number: 8...8 TO: Mayor and City Council FROM: Dwight D. Johnson, City Manager SUBJECT: Response to Letter of Intent from Life Time Fitness Club DATE: December 13, 1995 1. ACTION REQUESTED: Approve the letter of intent from FCA, Ltd. dba Life Time Fitness Club offering to construct facilities in cooperation with the City of Plymouth under certain terms and conditions. Approval of this letter of intent shall not be a binding agreement on the City of Plymouth, but shall form the basis for negotiations to continue on a cooperative project. 2. BACKGROUND: The attached letter from FCA, Ltd., which develops and operates Life Time Fitness Clubs throughout the Twin City area, offers to construct an approximately 110,000 square foot health/fitness club on City land located in Downtown Plymouth at 36th Avenue and Plymouth Boulevard. The letter offers to construct an additional leisure pool and an outdoor pool in addition to their usual lap pool in consideration of a payment of $1,500,000 by the City and assistance with certain outdoor site improvements. The letter also offers daily admission to the entire club facilities by all Plymouth residents at a rate similar to that of other comparable public community centers. In addition the letter states that the Club would own, operate, maintain, and market the pool facilities in conjunction with the rest of the proposed club and guarantees no operating losses for the City. Also, the letter offers construction coordination of the City's proposed ice arena facilities and design services on the ice arena for a fee equal to six percent of the construction cost. The City Council has reviewed major elements of this proposal at special meetings on November 27 and December 12, 1995. 3. ALTERNATIVES: The City can approve the letter as presented, approve the letter with exceptions or modifications, reject the letter of intent, or postpone a decision. Approving the letter as presented will allow design of the facilities to begin immediately, will reasonably assure that the Club will be built in Downtown Plymouth, and will allow negotiations to proceed on a binding agreement. Approving the letter with exceptions or modifications may or may not allow progress to continue, depending on the exceptions and FCA's response to them. Rejecting the letter will mean that the City will have to seek other partners in the project or proceed on its own. Postponing action on the letter may allow more information to be developed, but may risk not having the development occur in Downtown Plymouth. 4. DISCUSSION: Since the City would construct the ice arena facility under the letter of intent, the real issue is whether or not to invest $1,500,000 and some specified site improvement work (probably with a net cost of $500,000 attributable to the Club construction) in order to receive the following: Construction of a large indoor leisure pool with water slide and with lifeguards Construction of a small outdoor leisure pool with lifeguards A reasonable daily fee admission to the entire club for all Plymouth residents. No operating costs or deficits. No maintenance costs. Marketing with the overall club complex. Construction coordination of entire project, including City ice arenas. An agreement to provide these services for 30 years with provisions securing the City's interest. Minimal liability since the City would not own or operate the pools. An outline of major features of the agreement and its impact on the City is attached. At the December 12, 1995 special Council meeting, members of the Council asked that the following items be addressed to Life Time Fitness Club: 1. Establish a ceiling on the debt of the Club at $4,000,000 unless the City approves. 2. Establish the specific formula that will determine the amount of the daily fee. 3. Add a provision that assures that Plymouth residents paying a daily fee will not be discriminated against in using club facilities, making reservations, etc. 4. Add a standard arbitration clause in the event of disputes. 5. Establish a standard complaint procedure with the Club. 6. Provide for an annual meeting between the City and Life Time Fitness to review all matters pertaining to the agreements. 7. Proceed with the checking of financial information about Life Time Fitness Clubs. At a meeting with Life Time Fitness Clubs on the morning of Thursday, December 14th, the preceding items were discussed. Verbal agreement was readily reached on items 3 through 7. Verbal agreement was also reached on item 1 with the provision that the City shall not unreasonably withhold its approval. Roger Knutson was present at this meeting and agrees to this change. Thus, we have agreement on six of the seven items. On item 2, the daily fees, we provided them with a survey of fees at various public community centers. In reaching a formula for the daily fees, much of the discussion revolved around what other community centers are comparable to this proposal. One complication is that other Community Centers have additional fees for water slide use, lockers etc. which makes comparisons a little more difficult. We have general agreement that the rates for children should be lower than for adults. Life Time will prepare a specific proposal on daily fee rates which we expect to receive before our meeting on Tuesday night. I will voice mail or fax the information to you when I receive it. Roger Knutson and the attorney for Life Time will rewrite the letter of intent adding the items agreed to above during the next several days. The City's major risk factor is bankruptcy or other form of abandonment of the Club by its owners. The letter of intent provides that the City could take over the entire Club area for the cost of the outstanding debt on the property. A ground lease will also guarantee compliance with certain operating standards and daily fee access for our residents. Over the course of 30 years, the property may be sold in some form or another. The agreements apply to any successors to Life Time Fitness. Also, the City will have the right of first refusal on the property. 5. BUDGET EMPACT: The agreement would provide for no operating deficits for the City, and therefore no negative budget impact on the City's operating budget. The City's capital funds would be substantially conserved since Plymouth would be paying about $2.0 million for daily public access to about $8 million of Club space area, assuming the School District also agrees to participate financially in the construction of a competition pool and a diving pool in addition to the two leisure pools. 6. RECOMMENDATION: Rarely does a City get an opportunity to leverage its money with other public and private partners to this degree. None of the partners could fund a major recreation complex on its own. But working together, the whole will surely exceed the sum of the parts. Our citizens will gain access to a large recreational complex worth 8 million for 30 years, for an investment of about $2 million and the assurance of no operating or maintenance costs. While this is not a public Community Center, and the City will not exercise operating control over the Club area, this letter of intent provides an outstanding value for our citizens. I recommend approval of it. December 7, 1995 Dwight Johnson City Manager City of Plymouth 3400 Plymouth Road Plymouth, MN 55447 Dear Mr. Johnson: FCA, Ltd., a Minnesota corporation FITNESS ("FCA"), proposes to design center project on City -owned land Boulevard in the City of Plymouth, terms and conditions: doing business as LIFE TIME and develop a major recreation near 36th Avenue and Plymouth Minnesota, on the following 1. Ice Rink. The City intends to provide an ice arena complex (the "Arena Complex") on its site, consisting of two (2) indoor sheets of ice, seating for 800 spectators, and a total of eight (8) team rooms. FCA will provide complete architectural services to the City for six percent (6%) of the construction contract amount. FCA will provide design specifications subject to the City's approval and advertise for bids according to all laws applicable to the City. The City will award the bid and FCA will administer the construction contract on behalf of the City. The Arena Complex will be made available to LIFE TIME FITNESS members during public skating hours. The City will own, operate and maintain the Arena Complex. 2. Club/Pool Complex. a. Complex. FCA will design, construct, own, market, maintain and operate at its sole expense, except as hereinafter provided, an approximately 110,000 square foot LIFE TIME FITNESS health club/pool complex (the "Club/Pool Complex") including, in addition to the standard features of LIFE TIME FITNESS clubs: i) a 25 meter, competition 8 -lane pool, which will be made available without charge to Independent School District No. 284 ("ISD 28411) teams when accompanied by their coach. The Competition Pool will also be made available for rent to local swim clubs at normal commercial rates, subject to feasibility as determined by FCA; LMW97452 64476 fY%EST PARKWAY, SUITE 275 • EDEN PRAIRIE • MN • 55344 • PHONE 612.947.0000 FAX 612.947.0077 Mr. Dwight Johnson Page 2 December 7, 1995 ii) a diving pool, which will be made available to ISD 284 teams when accompanied by their coach; iii) a large, preeminent quality, indoor leisure pool, incorporating a custom rock wall, large plantings, ozone pool filtering system, customized acoustics, and a large water slide and other play features; iv) a whirlpool; v) a small outdoor leisure pool with outdoor deck and retractable or sliding windows; and vi) larger than usual family locker rooms. b. Residential Use Covenant. The Club/Pool Complex will be available to all residents of the City of Plymouth on a daily fee basis that will be no higher than that charged for comparable public community centers in the metro area. Subject to feasibility as determined by FCA, the Club/Pool Complex will similarly be made available to residents of ISD 284. C. Operations. The Club/Pool Complex will be marketed, maintained, and operated without cost to the City by FCA. FCA will provide lifeguards for the leisure pool and the outdoor pool areas as a part of its operations. d. Site Development. FCA will pay for the cost of all site lighting, parking lot construction including bituminous surfacing, outdoor signage, and curb cuts and gutters. The City will be responsible for the construction of the NURP pond and any mitigation or reclamation of wetlands. The City will provide the land for the Club/Pool Complex and 600 parking spaces, and will be responsible for all other necessary site work for the entire project, including site clearing, grading, earthwork, subbase for parking surface, construction of the Traffic Circle on Plymouth Boulevard and 36th Avenue, drain tile, site utilities, fencing, landscaping, and providing a buildable pad for the Club/Pool Complex. e. Capital Contributions. The City and the ISD 284 will each contribute One Million Five Hundred Thousand and no/100 Dollars ($1,500,000.00) toward the cost of construction of the Club/Pool Complex. As an option, FCA will include a third gym in the Club/Pool Complex (in addition to its standard 2 gyms) to be made available to Plymouth residents and City programs as determined by the City for payment of an additional Five Hundred Thousand and no/100 Dollars 500,000.00). LIFE TIME FITNESS members may use the third gym when it is not in use by the City. FCA shall be responsible for any excess construction costs for the Club/Pool Complex. In the event ISD 284 does not participate, LMW97452 FC100-18 Mr. Dwight Johnson Page 3 December 7, 1995 the competition pool will be replaced by the standard LIFE TIME FITNESS lap pool, the diving pool shall be eliminated, and ISD 284 will not acquire any special usage rights in the facilities. f. Ground Lease. The City will lease the land underlying the Club/Pool Complex to FCA under a 30 -year ground lease, with rental payments of $1 per year and an option to purchase at the end of the lease for $100,000.00. In addition, the City shall have the right to terminate the ground lease after notice and opportunity to cure, upon violation by FCA or its successor of the obligations to (i) perform the residential use covenants, (ii) comply with specified minimum operational standards, or (iii) comply with the first mortgage. FCA shall own fee title to the Pool/Club Complex improvements subject to the ground lease. The City's fee interest under the ground lease shall be subordinate to FCA's construction and permanent financing and refinancing in an amount not in excess of the greater of (i) $4,000,000, or ii) the greater of(x) the then current balance thereof and y) 50% of the appraised value. FCA shall use its best efforts to obtain for the City notice of default and opportunity to cure rights from the first mortgagee. The ground lease shall provide that FCA will not secure any additional debt with the real property consisting of the Club/Pool Complex without the prior written consent of the City. FCA will also establish a 4-6 month debt service reserve on the first mortgage which can be accessed by the City to cure defaults in the first mortgage. The City/ISD 284 capital contribution shall be funded as reimbursement for tenant improvements to be constructed in accordance with City - approved plans and specifications and shall be disbursed by a title company, subject to normal lien waiver and other requirements. g. Right of First Refusal. During the term of the ground lease, the City shall have a right of first refusal upon the sale of the Club/Pool Complex. 3. Land Use Approvals. The commitments contained herein are subject to the City's approval of any necessary changes in zoning, comprehensive plan, and platting for the entire project. The whole parcel shall be platted into at least three separate lots, consisting of, at least, (i) the Arena Complex, (ii) the Club/Pool Complex, and (iii) the parking. 4. Parking Lot and Covered Walkway. The parking parcel shall be subject to non-exclusive, perpetual reciprocal easements in favor the Arena Complex, the Club/Pool Complex, and any other LMW97452 FC100-18 Mr. Dwight Johnson Page 4 December 7, 1995 improvements located on the entire site. The City shall be responsible for plowing the parking lot and maintenance of landscaping. There shall be no charge to FCA or its customers for parking, except that all other repair and maintenance of the parking lot shall be performed by FCA and the costs thereof shall be shared equally by the Arena Complex and the Club/Pool Complex. The Arena Complex and the Club/Pool Complex shall also be subject to a reciprocal easement for the covered walkway to be constructed alongside both and each party shall bear all costs of operation and maintenance incurred in connection with the portion of the covered walkway located on their respective parcels. The wall between the Arena and the Club shall be a common wall and the parties shall enter into a standard common wall agreement. 5. Administrative, Insurance and Legal Costs. FCA will assume all administrative, architectural, construction management, and legal costs relating the construction of the Club/Pool Complex, and, if the successful bidder, the Arena Complex, not including any City staff time or expenses by the City Attorney. FCA will maintain proper insurance on all portions of the construction work for the City until the construction is complete and the City has taken possession of the Arena Complex. 6. Name of Complex. FCA will have the right to have the name of its LIFE TIME FITNESS club included on signage near the main entrance to the center. The overall recreation center will be named by the City in consultation with FCA, provided that "LIFE TIME" will be included in the name, such as LIFE TIME Sportsplex or LIFE TIME Sports Complex. 7. Referendum. The entire project is subject to approval by the residents of the City of Plymouth in a referendum to be held by February 1996. The foregoing constitutes a non-binding proposal which shall have no legal effect but which shall form the basis for the parties to negotiate a binding legal agreement. LMW97452 FC100-18 Mr. Dwight Johnson Page 5 December 7, 1995 FCA, Ltd., dba LIFE TIME FITNESS By Bahram Akradi Its President Accepted as the basis for negotiations and having no binding legal effect. The City of Plymouth By Its LMW97452 FC100-18 FACILITIES INCLUDED IN PROPOSED COMPLEX 1. Two Indoor Ice Sheets with seating for 800, eight team rooms 2. Large Leisure Pool with custom rock wall, large plantings, ozone filtering system, customized acoustics, large water slide, and other play features. 3. Competition Pool, eight lanes, suitable for school swim meets. 4. Diving Pool. 5. Whirlpool. 6. Small outdoor leisure pool with outdoor deck and retractable or sliding glass windows. 7. Free carpeted locker rooms with automatic cleaning devices. 8. Two full gyms. Optional third gym for additional $500,000. 9. Four racquetball courts. 10. Large health/fitness area with several hundred machines. 11. Day Care Area. 12. Aerobics Room. 13. Small snack bar/eating area. 14. Massage Room. 15. Small Meeting Room. 16. Walkway connecting major areas. OWNERSHIP, OPERATION, AND USAGE 1. City will own and operate ice arenas. 2. Life Time Fitness will own and operate all other areas including pools and gyms. 3. Life Time Fitness will assume all maintenance costs for all areas except for ice arenas. 4. Life Time Fitness will be responsible for marketing the complex. 5. All City residents will have access to all areas of the complex at a daily fee rate that will be no higher than the average of comparable public community centers. 6. Life Time Fitness members will have access to ice arena during public skating hours. 7. City will name the complex in consultation with Life Time Fitness, but the word "Life Time" must be included in the name. 8. Life Time will provide lifeguards for leisure pool and outdoor pool. 9. City will plow the parking lot and maintain the landscaping. 10. Other parking lot repair and maintenance shared equally by Life Time and the City. PROTECTION OF THE CITY'S INVESTMENT 1. Ground Lease. City will lease land to Life Time for 30 years subject to: a) Residential use covenant allowing Plymouth residents to use all facilities on a daily fee basis no higher than the rates for comparable public community centers. b) Minimum Operating Standards to be specified. c) Comply with first mortgage requirements (making the payments). If these conditions are not met, after notice and opportunity to cure, the City will have the opportunity to acquire the entire club/pool facility subject to the first mortgage. 2. A debt service reserve of 4-6 months will be established to allow time for the City to consider its options. 3. Life Time cannot add additional debt on the facility without the permission of the City. 4. The City shall have the right of first refusal to buy the property upon its sale during the 30 year lease period. S. The City retains zoning authority over the premises. 6. The City retains the right of condemnation for any public purpose. FINANCING AND CONSTRUCTION 1. City will pay for cost of two indoor ice arenas, at an estimated cost of $4,800,000, with $800,000 coming from outside sources. 2. City will pay $1,500,000 toward the construction of the indoor and outdoor leisure pools, and in consideration of Life Time Fitness assuming all operating, maintenance and marketing costs, acting as a construction manager for the City, and making the entire club area accessible to Plymouth residents on a daily fee basis. Any cost overruns on the club/pool complex will be the responsibility of Life Time. School District 284 will consider a contribution of $1,500,000 if the competition pool and diving pool are included in the project. Life Time expects to contribute about $5,000,000 to the club/pool complex, including about $4,000,000 in. borrowed funds. 3. Life Time Fitness will provide all parking improvements including paving and curbs and gutters. Life Time will pay for all site lighting and signage. The City will pay for all grading costs, including the NURP pond area, building drain tile, site utilities, and the landscaping. The City may pay for a low brick or block fence along Plymouth Boulevard and a traffic circle at 36th Avenue and Plymouth Boulevard out of TIF funds earmarked for Downtown Plymouth. 4. Life Time has proposed to provide design and construction management for the City on the ice arena complex for a total cost of six percent of the construction cost. Life Time would provide specifications and advertise for bidding according to applicable laws. The City would approve the specifications and award the final bid. PROJECT BUDGET FOR CITY 1. Two indoor ice sheets with seating for 800 spectators and eight team rooms. Cost: $4,800,000. Outside contributions: $250,000 from State Grant, $250,000 from School District 284, $250,000 from Wayzata Hockey Association, and $50,000 from City of Wayzata. Net Cost to City: 2. Club/Pool Complex. 4,000,000. Net Cost to City for indoor and outdoor leisure pools: $1,500,000. 3. Site Improvements. Grading, Site Clearing, Drain Tile for Building, Site Utilities: $850,000. Landscaping and Irrigation: $150,000. NURP Pond: $100.000. Subtotal Cost: $1,100,000 TOTAL NET CITY COST: OPTIONAL ITEMS: 6,600,000 1. Community Recreation Room. Estimated 5,500 square feet at $70 per square foot, with catering kitchen and furnishings, cost is estimated at: $500,000 Would serve four principal purposes: a) allow consolidation and expansion of existing senior programs. b) provide indoor space for many City recreation programs. c) would serve as a support facility for outdoor amphitheater. d) would be rented to groups for receptions etc. to offset utility and janitorial expenses. Pending further study, staff believes that no operating deficit would occur. 2. Third gym in club area. Guaranteed cost quoted by Life Time: $500,000 Would provide a gym for City and community programs. OVERVIEW OF THE PROPOSAL 1. Is the proposal a good value for the money? For an investment of $1,500,000 to $2,000,000 (depending on the amount of site improvement cost attributed to the ice arenas), the City gets: Access to a full service recreation complex at reasonable daily rate fees. Marketing. No operating deficits. No maintenance costs. Assistance with construction management. Possibility of lower costs per square foot of construction. The City's previous Community Center proposal in 1989 indicated a deficit of 150,000 per year, provided little or no marketing, would have cost about 12 million with only one indoor ice sheet, and was only about 60% as big as the proposed complex. 2. Is the proposal structured well so that each party is doing the things it does well? The private club will have the major responsibility for construction, having constructed a number of other clubs with many amenities at a low cost. Life Time will also operate, market, and maintain the pool/club area, all activities it does on a regular basis and the City does not. The City will fund, own, operate, and maintain the ice facilities, since private enterprise has not attempted this activity, while many cities have. The City will be responsible for the grading of its site, since we have the soil borings, knows more about NURP pond requirements, and has previously planned a building on this site. The City will also landscape the grounds since we have a forestry department and have an interest in matching the exterior of the building to Downtown Plymouth. 3. Is our investment safe enough? The agreement provides for a ground lease in which we can take over the entire pool/club complex if the resident use covenant or the operating standards are not met. For example, if the club/pool complex has a value of $8 million, the estimated construction cost, we could assume ownership for the $4 million debt, gaining all of our equity back and theirs as well. It also provides debt service reserves and limits on future debt. Even if the worst case scenario happened and we had to take over the club, we would have ownership of a 200,000 square foot complex for a total net City cost of about $9,100,000 ($4.0 million for ice arenas, 1.1 million for site improvements, and $4.0 million in club debt). This is still 3 million less than the proposed 1989 Community Center that was only 60% as large. 4. Is the proposed complex family friendly? Life Time offers free day care for 1 1/2 hours for each paying patron. Life Time offers some programming for youth. Life Time will allow youth to swim without a parent being present in the club area, perhaps subject to some time zoning. Life Time will allow District 284 swim teams to practice and hold official meets at the Club if District 284 participates as a partner in construction. Life Time will consider lowering initiation fees for seniors and assisting low income youth with access to the facilities. Life Time is not required to assist special populations to the same degree that public agencies must, but often does so voluntarily. 5. Will the complex be public in character? Reasonable daily fee access will be required. City can name the complex, subject to having the name Life Time" in the name. Public activities will be held at the center such as school swim meets, City recreation programs, special events, and school hockey games at the ice arena. DEC -19-95 16=43 FROM=KENNEDY & GRAVEN ID=6123379310 Y _ KENNEDY & GRAVEN, CHARTERED 470 PILLSBURY CENTER MINNEAPOLIS, xN 55402 612) 337-9300 FAX # (612) 337-9310 Date: December 19, 1995 Our File No.: TO: Ginny Black TO; John Edson FAX 216-0246 FAX 5916-2048 TO: Nick Granath TO: Chuck Lymangood FAX 9459587 FAX 475-2587 TO: Christian Pxeus TO: Tim Wold 476-8804 FAX 338-8384 FAX TO: Carole Helliwell TO: Roger Knutson 452-5550 FAX 471-8715 FAX TO: Dwight Johnson TO: flahram Akradi FAX #: 509-5060 FAX #; 5147-0077 TO: TO: FAX #: FAX #: FROM: Larry Wertheim Direct Dial #: (612) 337-9216 COMMENTS: PAGE 1/7 Number of pages including cover sheet: If a problem arises, call Debbie at (612) 33;r-9284 NOTICE OF CONFIDENTIAL INFORMkTION: This fax contains confidential information which is legally privileged. The information is for the sole use of the intended recipient(s) listed above. Distribution or disclosure to any individuals not so listed is strictly prohibited. DEC -19-95 16=43 FROM:KENNEDY & GRAVEN ID=6123379310 PAGE 2/7 December 19, 1995 Dwight Johnson City Manager City of Plymouth 3400 Plymouth Road Plymouth, MN 55447 Dear Mr. Johnson: FCA, Ltd., a Minnesota corporation doing business as LIFE TIME FITNESS ("FCA"), proposes to design and develop, in conjunction with the City of Plymouth (the "City"), a major recreation center project on City -owned land near 36th Avenue and Plymouth Boulevard in the City of Plymouth, Minnesota, on the following terms and conditions: 1. IceRink. The City intends to develop an ice arena complex (the "Arena Complex") on its site, consisting of two (2) indoor sheets of ice, seating for 800 spectators, and a total of eight (8) team rooms. The City will separately contract for engineering services for the entire site and for architectural services for the Arena Complex, which FCA has been advised will cost (exclusive of site engineering costs) six. percent (6%) of the construction contract for the Arena Complex. The City will advertise for bids and award the construction contract for the Arena Complex according to all laws applicable to the City. FCA will administer the bidding and the construction contract on behalf of the City. The Arena Complex will be made available to LIFE TIME FITNESS members during public skating hours. The City will own, operate and maintain the Arena Complex. 2. Club/Pool complex. a. Complex. FCA will design, construct, own, market, maintain and operate at its sole expense, except as hereinafter provided, an approximately 110,000 square foot LIFE TIME FITNESS health club/pool complex (the "Club/Po01 Complex") including, in addition to the standard features of LIFE TI22E FITNESS clubs: i) a 25 meter, competition 8 -lane pool, which will be made available without charge to Independent School District No. 284 ("ISD 28411) teamE. when accompanied by their coach. The Competition Pool will also be made LM97452 FC100-18 6442 CITY WEST PARKWAY, SUITE 275 • EDEN PRAIRIE • MN 55344 • PHONE 612.947.0000 FAX612*947-0077 DEC -19-95 16:44 FROM:KENNEDY & GRAVEN ID=6123379310 PAGE Mr. Dwight Johnson Page 2 December 19, 1995 available for rent to local swim clubs at normal commercial rates, subject to feasibility as determined by FCA; ii) a diving pool, which will be made available to ISD 284 teams when accompanied by their coach; iii) a large, preeminent quality, indoor leisure pool, incorporating a custom rock wall, large plantings, ozone pool filtering system, customized acoustics, and a large water slide and other play features; iv) a whirlpool; v) a small outdoor leisure pool with outdoor deck and retractable or sliding windows; and vi) larger than usual family locker rooms. b_ Residential Use Covenant. . The Club/Pool Complex will be available to all residents of ;the City of Plymouth presenting a current Minnesota driver's license or ID card, or equivalent, at the following daily rates per person: Adult resident $8.00 5.00 pool only) Second adult family member or child ages 13 to 17 $5.00 Child ages 12 and under $3.00 In addition, Plymouth residents joining LIFE TIME FITNESS shall be entitled to a 15% discount off of the then -applicable membership initiation fee. All use of the Club/Pool Complex by Plymouth residents shall be subject to the normal rules andconditionsandlimitationsofusageandrequirementsforadult supervision applicable to LIFE TIME FITNESS clubs, including the requirement for written consent by a parent or guardian for anyone under the age of 18. There will be no discrimination between Plymouth resid,ants paying the daily user charge and LIFE TIME FITNESS members with respect to the availability of the facilities, provision of services, and reservation rights, provided that daily use residents who remain on the premises shall be allowed to use available daycare at the rate of $2.00 per child for two (2) hours. No one under the age of 3 shall be permitted to use the pools. All of the foregoing rates shall remain in effect through December 31, 1997, and thereafter will be subject to CPI adjustment based upon the December 199°, CPI. The City and FCA shall establish a standard complaint process to handle LMW97 G5 2 FC100-18 3/7 DEC -19-95 16=44 FROM:KENNEDY & GRAVEN ID=6123379310 PAGE 4/7 Mr. Dwight Johnson Page 3 December 19, 1995 complaints of Plymouth residents regarding the operation of the Club/Pool Complex - c. Operations. The Club/Pool Complex will be marketed, maintained, and operated without cost to the City by FCA. FCA will provide lifeguards for thc! leisure pool and the outdoor pool areas as a part of its opej--ations. d. Site Development. FCA will pay for the cost of all site lighting, parking lot construction including bituminous surfacing, outdoor signage, and curb cuts and gutters. The City will be responsible for the construction of the NURP pond, any mitigation or reclamation of wetlands, and any environmental assessment work, including a Phase I. The City will provide the land for the Club/Fool Complex and 600 parking spaces, and will be responz;ible for all other necessary site work for the entire project, including site clearing, grading, earthwork, subbase for parking surface, construction of the Traffic Circle on Plymouth Boulevard and 36th Avenue, drain tile, site utilities,fencing, landscaping and irrigation, and providing a buildable pad for the Club/Pool Complex. With respect to site engineering costs, the City will be responsible for all costs relating to the NURP pond and wetlands mitigation and the remaining costs shall be allocated between the Arena Complex (payable by the City) and the Club/Pool Complex (payable by FCA). e. Capital Contributions. The City and the ISD 284 will each contribute One Million Five Hundred Thousand and no/100 Dollars ($1,500,000.00) toward the cost of construction of the Club/Pool Complex. As an option, FCA will include a third gym in the Club/Pool Complex (in addition to its standard 2 gyms) to be made available to Plymouth residents and City programs as determined by the City for payment of an additional Five Hundred Thousand and no/100 Dollars 500,000.00). LIFE TIME FITNESS members may use the third gym when it is not in use by the City. FCA shall be responsible for any excess construction costs for the Club/Pool Complex. In the event ISD 284 does not participate, the competition pool will be replaced by the standard LIFE TIME FITNESS lap pool, the diving pool shall be eliminated, and ISD 284 will not acquire any special usage rights in the facilities. f. Ground Lease. The City will lease the land underlying the Club/Pool Complex to FCA, under a 30 -year ground lease, with rental payments of $1 per year and an option to purchase at the end of the lease for $100,000.00. In addition, the City shall have the right to terminate the LW97452 Fczoo-i9 DEC -19-95 16=44 FROM -KENNEDY & GRAVEN ID=6123379310 FACE 5/7 Mr. Dwight Johnson Page 4 December 19, 1995 ground lease after notice and opportunity to cure, upon violation by FCA or its successor of the obligations to (i) perform the residential use covenants, (ii) comply with specified minimum operational standards, or (iii) comply with the first mortgage. FCA shall own fee title to the Pool/Club Complex improvements subject to the ground lease. The City's fee interest under the ground lease shall be subordinate to FCA's construction and permanent financing and refinancing in an amount not in excess of $4,000,000 or such higher amount as the City shall approve, such approval to be not unreasonably withheld. FCA shall use its best efio=7ts to obtain for the City notice of default and opportunity to cure rights from the first mortgagee. The ground lease shall provide that FCA will not secure any additional debt with, the real property consisting of the Club/Pool Complex wittLout the prior written consent of the City. FCA will also establish a 4-6 month debt service reserve on the first mortgage which can be accessed by the City to cure defaults in the first mortgage. The City/ISD 284 capital contribution shall be funded as reimbursement for tenant improvements to be constructed in accordance with City - approved plans and specifications and shall be disbursed by a title company, subject to normal lien waiver and other requirements. g. Ri ht of First Refusal. During the term of the ground lease, the City shall have a right of first refusal upon the sale of the Club/Pool Complex. h. Annual Meetin . Representatives of the City and FCA shall meet no less frequently than -annually to review and discuss all matters relating to the Club/Pool Complex. 3. Land Use Approvals. The commitments contained herein are subject to the City's approval of any necessary changes in zoning, comprehensive plan, and platting for the entire project. The whole parcel shall be platted into at least: three separate lots, consisting of, at least, (i) the Arena Complex, (ii) the Club/Pool Complex, and (iii) the parking. 4. Parking Lot and Covered Walkway. The parking parcel shall be subject to non-exclusive, perpetual reciprocal easements in favor of the Arena Complex, the Club/Pool Complex, and any other improvements located on the entire site. The City shall be responsible for plowing the parking lot and maintenance of landscaping. There shall be no charge to FCA or its customers for parking, except that all other repair and maintenance of the parking lot shall be performed by FCA and the costs thereof shall be shared equally by the Arena Complex and the Club/Pool Complex. The Arena Complex and the Club/Pool Comple). shall also be subject LtW97452 FC100-z8 DEC -19-95 16=45 FROM:KENNEDY 8 GRAVEN 12/19/1995 85:26 6129470677 94/13/1994 04,59 7308877 r -._ .- Via ..W•. la, Sh4ghY johmew g, Ills ID=6123379310 L.trr-i 1r+--. LIFE T1W- WOBY aria stmt I" elub 111411 be e aow"e IM12. out tw perties oball antes' sato 4 star4are aowa g Mall awls"sat. S. s t- othetwi5eav s. w weom a Nea isrsrRts•e. asabitaCtsrswl, go"troMoss marApqappR4, MW i4Pi rOLMUq to On 9vescseat1gw as the C140.001"L corpses, sot 11MI'm"aw ser cttY sttt: rise ar :*saws Wt" City ARtvr"qy. ICA wlJz OG&M Sn nsove"31 isasoea va the C wmal c4mit". OVA gill "ve e Ingm to !lave the sr as 9t+ ta club la lu0ea an etre vies: tbw aw uWAMuve to the 0"Wa r, Tae vrerslt seelr90 1,00 easter wlil to a5o"%a• cit+r is evumeteousR wits M, Trcwi4** %&@L "LIR TOW 2i M isal ties itt tMe eaMS, S%Cb oa LYfS +r WE =a1 "99" cewplea. ow rause rmlect_." @Mbjoat to m,,,e*t by Chs se5 iMw " Ctq CK sI*wostl in 6 raler rs Z:W=4 04 ribew mT s, lyse. a. DLOMMSs- Au dssput" misl "orr 4gcww enty bwtwmm M and the CaY 1l be sewltid br bloung esbl.tratie+s tow tits rotes oz tfw AwsrLesw ssb4tc4ttos AsrealatAon• set m "All FMTAdo to um city a 4vwr at its wear feWfAM s tai lLesneial etesveat aWWj d**eivte tv the tie weewe et ail stoak"liees •vt toe iaeatltT of ai3 ahaise101dow WMS$rq $18 Or W*ry of the wtmr.-s est low. fth a" 0166900 tkrrdi 5%411 Npb eiiOMW a. seleaar to **'MLt a eaGWWWW'Md tr+vesat"Um . i'bi Locq"wq COMMIT 4" a stdMm-bltq Y"e C"] which ehstl t:sw no lei bA U%tg% SM21 [est tM Saasa l:ON th& 1pastiief to ti Wvwm rm. LRl . , MIMMi its ""Waft PAGE 6/7 PAGE al P11E $1 i arw r w 1e I tsssiC iel et woI vssa fYAR ar.s•re y -`s .Y-»a DEC -19-95 16=45 FROM:KENNEDY & GRAVEN ID=6123379310 PAGE 7/7 Mr. Dwight Johnson Page 6 December 19, 1995 Accepted as the basis for negotiations and having no binding legal effect. The City of Plymouth By Its LMW97452 80100-19 To, City Manager Dwight Johnson Subject: Proposed Life Time Fitness City of Plymouth Partnership cc: Mayor, Council Members SUMMARY In an effort to act with speed on the sports and recreational needs of the community, the City has set upon a fast paced course to forge a partnership with a private venture in order to build a privately owned and operated sports complex rather than a public community center by the fall of 1996. Councilmembers, councilmembers elect, staff and I have expressed cautious support for the concept of a public-private partnership as a way to meet part of our goals in responding to the need for indoor sports facilities. Speaking only for myself, however, as I have learned the details of the proposed Life Time partnership I have identified and on the record raised several objections, which at this point would not allow me to extend my support for the proposal as presently structured, My objections are itemized below. (Because of this, I respectfully dissent from those of my colleagues on the Council who though we may disagree on the Life Time proposal nevertheless hold the very best interests of the community at heart.) In summary, the proposal does not yet appear to benefit the public to the extent that would justify using public funding, public land and public services to subsidize a private for-profit venture which the City will have neither any ownership interest in or operational authority over. While a private -public partnership in this context — though apparently never accomplished anywhere in the country before — may still prove the most `dollar effective' for our City, and indeed Life Time may prove the best candidate, at this time unanswered questions remain an obstacle. Nick Granath Page 2 Aside from my concerns, I wish to commend and thank you and your staff for all the hard work done in the past weeks on this important issue. As usual, the City has been very well served by the dedication of its staff and employees and I am confident that we will meet the needs of our community in this area. ACTION Prior to, or at, the meeting wherein items 8-A and 8-B are considered, please provide the Council with the following: I . Information on the value pf the land that would be leased for $1 a year. What is the FMV? What is the estimated value to Life Time? 2. Information that would allow the Council an opportunity to assess the financial strength of 1,ife Time. What debt load, if any? Are there major liabilities that should be disclosed? What disclosures is Life Time prepared to make? 3. Information that will give the Council confidence that the proper financial research and planning has been conducted by Life Time to ensure the financial viability of the proposed operation. 4. Information on competitive opportunities. What has the City done to seek competitive proposals (succinctly)? What has been the response (succinctly)? Is it prudent to assume that this project cannot be `competed' further? As you think necessary, please update the City's memo dated January 12, 1995 entitled Financial Planning for Future Capital Needs" (which explores capital needs in relation to present and future available funds and identifies future needs in the areas of road improvements, street reconstruction, water and sewer improvements, surface water management projects, parks, building renovations, and discusses possible future projects including open space and recreational facilities but which does not address contingencies based on state budgetary cuts such as have been identified in the recent Weber -Brandt Rxt)- 9 Provide a report on discussions with Life Time representatives following the last special meeting on Dec. 12, and any revisions to the Letter of Intent Nick Granath Page 3 BACKGROUND The Council has reviewed and adopted the City of -Plymouth RecreatjonatSnorts Facility Rep of November 1995. This report contained the findings and conclusions of a task force appointed by the Council in January 1995. The charge of the Task force was to "examine the future growth of youth and adult recreational sport programs in the City of Plymouth." (p. 4) The Report identified eight issues and makes recommendations for each. However, the first issue identified was presented as primary in the Report: The most consistent issue is the projected growth of all youth activities as the City of Plymouth continues to grow." (p. 7) The Report also included cost estimates for its recommendations. (p. 18). Importantly, the total estimated cost for all recommendations was $19.15 (million) and the City's share, apart from other possible sources of funding, was $13.85 m. Items 8-A and 8-13, on for the next regular meeting of the Council scheduled for December 19, 1995, concern the ballot question calling for a "special election on recreation facilities" and "response to Life Time Fitness' Letter of Intent." The City appears on a fast track to conclude a public-private partnership with a for-profit business, FCA., Ltd. dba Life Time Fatness Club. The City has conducted discussion with Life Time for some weeks now. A special election is proposed for Feb. 6, 1996 (item 8-A). The Letter of Intent also contains a clause stating that "the entire project is subject to approval of the City of Plymouth in a referendum to be held in February 1996." Setting a February election and 1996 build schedule may as a practical matter lock -in the City to a partnership with Life Time. Therefore, it is proper at this time to examine all disadvantages and risks inherent in the Letter of Intent, as the opportunity to do so will shortly pass. The Council has reviewed major elements of the Life Time proposal at special meetings on November 27 and December 12, 1995. In addition, I have received information through your office (City Manager) and various Department Heads during this time period. Objections to the proposal are as follows: 1n_ adequate mC&U3 j2f nublic access to the complex., The key provision in the Letter of Intent regarding public access is the "residential use covenant" clause which states that Nick Granath Page 4 the complex will be available to all residents of the City on a "daily fee basis that will be no higher than that charged for comparable public community centers in the metro area." This is at the heart of answering the question: Does the public benefit from this proposal? However, the term is basically undefined and lacks objective criteria to measure it by or examples. There is no description or mechanism for how this rate will be set. There is no mechanism for periodic input, review or dispute from, by or of the City. This issue is more than one of details that can be worked out later because public access is the rationale for tax dollars going to fund a private enterprise. In addition., the question gets to the core of how public and private ,needs will be reconciled on a day to day basis inside a privately owned and operated business. Life Time presumably will seek to maximize its adult customer access whereas the City should seek to maximize use and access by youth who predictably will not prove as lucrative a prospect. In the worst case scenario, Life Time will have underestimated the revenue it needs to generate, or the demand placed on the complex by allowing special access to Plymouth residents, and as result changes the rate structure to effectively bar all but well off citizens from the complex even though all taxpayers, rich and poor alike, helped pay for it, 2. Inadequate assurances of Citymanagement controls sufficient to a 11re that the i i ' interest will be Maintal»: There is an absence of any official channels of communication to address resolution of citizen complaints or comments which inevitably will be addressed to the City. To try to answer this objection by protesting that government controls will only entangle the operation of free enterprise misses the point that the City's participation is premised on a public purpose that is separate from the operation of the private sector per se. 3. Tnadea ut& dispute resolution mechanism: The Letter of Intent contains no such mechanism apparently leaving the City with no practical alternative other than to collapse the entire arrangement which would trigger a series of undesirable events, including possible expenditure of several million dollars in order to buy out the complex. Nick Granath Page 5 4. I11,qdPquate debt ce'line limitations, The "ground lease" portion of the Letter of Intent article f) makes the City's fee interest subordinate to Life Time's financing a refinancing "not in excess of the greater of $4 million or the greater of (x) the then current balance thereof and (y) 50% of the appraised vale." As has been commented: The City's major risk factor is bankruptcy or other form of abandonment of the Club by its owners. The Letter of intent provides that the City could take over the entire Club for the cost of the outstanding debt on the property." [Memo, Dec. 13, 1995, D. Johnson to Mayor and Council, emphasis added]. Future tax dollars are at risk here and the risk should be limited at the outset. 5. Loss of com_mLnily charactA : Over several years the concept of a Plymouth Community Center, owned and operated by the public for the sole benefit of the public, has been discussed, debated and voted on in Plymouth. We have now seemingly abandon that course and the Letter of Intent requires us to name the complex by including the private name. Though the City's purpose has changed in order to gain access to sports facilities sooner than later, and though we are not creating a "public space" in what will be part of the city center, has the citizen's expectation also changed? 6. Weaknesses 'n _zocurement: Given Plymouth's location and affluence that only one private party would be interested in expansion financially assisted by the City seems odd. In addition, to the extent that a "deal" has been worked out with Life Time in only a short period of time, it seems reasonable to infer that engaging other parties beyond a one time contact could be fruitful, City Managers' Recommendation: The Staff's recommendation is to accept the proposed Letter of Intent [Memo, Dec. 13, 1995, D. Johnson to Mayor and Council, p. 3]. The recommendation focus on the advantages of financial leveraging stating: Our citizens will gain access to a large recreational complex worth $8 million for 30 years, for an investment of about $2 million and the assurance of no operating or maintenance costs. While this is not a public Community Center, and the City Nick Granath Page 6 will not exercise operating control over the Club area, this letter of intent provides an outstanding value for our citizens." As indicated above, I do not find this recommendation persuasive simply because it is not clear that the citizens will gain the access we seek to provide them or that the City could not find another private partnership with which to better leverage the citizens' money. December 1, 1995 Dwight Johnson City Manager City of Plymouth 3400 Plymouth Road Plymouth, MN 55447 Dear Mr. Johnson: FCA, Ltd., a Minnesoi:.a corporation doing business as LIFE TIME ro poses to designFITNESS ("FCA" , ppro and develo ,semreon r3i a ma or center ec on Ci y-owne ' an nt venue and Plymouth Boulevard in the City of Plymouth, Minnesota, on the following terms and conditions: 1. Ice Rink. TAe City intends to complex (the "Arena Complex") on its site, indoor sheets of ice, seating for 800 spec eight ( 8 ) team rooms..° sere the construction contract advertise for bids WOaccordhoaa an consisting tators, and six A Wil '"a n seer the construction contract on behalf The Arena Complex will be made available to LIFE members during public skating hours. The City will and maintain the Arena Complex. 2. Club/Pool Complex. ice arena of two ( 2 ) a total of r of the City. TIME FITNESS own, operate a. Complex. FCA will design, construct, own, market, maintain and operate at its sole expense, except as hereinafter provided, an approximately 110,000 square foot LIFE TIME FITNESS health club/pool complex (the "Club/Pool Complex") including, in addition to the standard features of LIFE TIME FITNESS clubs: i) a 25 meter, competition 8 -lane pool, which will be made available without charge to Independent School District No. 284 ("ISD 28411) teams when accompanied by their coach. The Competition Pool will also be made IWgU52 FC100-18 Mr. Dwight Johnson Page 2 December 18, 1995 available for rent to local swim clubs at normal commercial rates, subject to feasibility as determined by FCA; ii) a diving pool, which will be made available to ISD 284 teams when accompanied by their coach; iii) a large, preeminent quality, indoor leisure pool, incorporating a custom rock.wall, large plantings, ozone pool filtering system, customized acoustics, and a large water slide and other play features; iv) a whirlpool; v) a small outdoor leisure pool with outdoor deck and retractable or sliding windows; and vi) larger than usual family locker rooms. b. Residential Use Covenant. The Club/Pool Complex will be available to all residents of the City of Plymouth user charge and .LIFE TIME FITNESS members A with respect to the availability of the facilities, provision of services, and reservation r1QYltsY•: Y s al es a isii a star ar comp ain process to handle complaints of Plymouth residents regarding the operation of the Club/Pool Complex. C. Operations. The Club/Pool Complex will be marketed, maintained, and operated without cost to the City by LMN97452 FC100-18 L/£ a3vd O1£6d££ZI9°QI N31V6O V AQ3NN3N°WQ6A 60°SI S6-et-Q3Q Mr. Dwight Johnson Page 3 December 18, 1995 FCA. FCA will provide lifeguards for the leisure pool and the outdoor pool areas as a part of its operations. d. Site Develo2ment. FCA will pay for the cost of all site lighting, parking lot construction including bituminous surfacing, outdoor signage, and curb cuts and gutters. The City will be responsible for the construction of the NURP Pon an miti tion or reclamation of wetlandsPY e 'Clt y wi pr.ovi a 't e and' for he C lu ooh pomp ex and 600 parking spaces, and will be responsible for all other necessary site work for the entire project, including site clearing, grading, earthwork, subbase for parking surface, construction of the Traffic Circle on Plymouth Boulevard and 36th Avenue, drain tile, site utilities, fencing, landscaping and providing a buildable pad for the ooi uompiex. e. Capital Contributions. The City and the ISD 284 will each contribute One Million Five Hundred Thousand and no/100 Dollars ($1,500,000.00) toward the cost of construction of the Club/Pool Complex. As an option, FCA will include a third gym in the Club/Pool Complex (in addition to its standard 2 gyms) to be made available to Plymouth residents and City programs as determined by the City for payment of an additional Five Hundred Thousand and no/100 Dollars 500,000.00). LIFE TIME FITNESS members may use the third gym when it is not in use by the City. FCA shall be responsible for any excess construction costs for the Club/Pool Complex, In the event ISD 284 does not participate, the competition pool will be replaced by the standard LIFE TIME FITNESS lad pool, the diving pool shall be eliminated, and ISD 284 will not acquire any special usage rights in the facilities. f. Ground. Lease. The City will lease the land underlying the Club/Pool Complex to FCA under a 30 -year ground lease, with rental payments of $1 per year and an option to purchase at the end of the lease for $100,000.00. In addition, the City shall have the right to terminate the ground lease al=ter notice and opportunity to cure, upon violation by FCS, or its successor of the obligations to (i) perform the residential use covenants, (ii) comply with specified minimum operational standards, or (iii) comply with the first mortgage. FCA shall own fee title to the Pool/Club LM97452 FC100-18 Mr. Dwight Johnson Page 4 December 1$, 1995 Complex improvements subject to the ground lease. The City's fee interest under the ground lease shall be subordinate to FCA's construction and permanent financing and refinancing in an amount not in excess of $4,000,000 or such higher amount as the City shall approve, such approval to be not unreasonably withheld. FCA shall use its best efforts to obtain for the City notice of default and opportunity to cure rights from the first mortgagee. The ground lease shall provide that FCA will not secure any additional debt with the real property consisting of the Club/Pool Complex without the prior written consent of the City. FCA will also establish a 4-6 month debt service reserve on the first mortgage which can be accessed by the City to cure defaults in the first mortgage. The City/ISD 284 capital contribution shall be funded as reimbursement for tenant improvements to be constructed in accordance with City - approved plans and specifications and shall be disbursed by a title company, subject to normal lien waiver and other requirements. g. night of First Refusal. During the term of the ground lease, the City shall have a right of first refusal upon the sale of the Club/Pool Complex. h. Annual Meeting. Representatives of the City and FCA shall meet no less frequently than annually to review and discuss all matters relating to the Club/Pool Complex. 3. land Use provals. The commitments contained herein are subject to the City's approval of any necessary changes in zoning, comprehensive plan, .and platting for the entire project. The whole parcel shall be platted into at least three separate lots, consisting of, at least, (i) the Arena Complex, (ii) the Club/Pool Complex, and (iii) tine parking. 4. Parking Lot. and Covered Walkway. The parking parcel shall be subject to rion-exclusive, perpetual reciprocal easements in favor the Arena Complex, the Club/Pool Complex, and any other improvements located on the entire site. The City shall be responsible for plowing the parking lot and maintenance of landscaping. There shall be no charge to FCA or its customers for parking, except that all other repair and maintenance of the parking lot shall be performed by FCA and the costs thereof shall be shared equally by the Arena Complex and the Club/Pool Complex. The Arena Complex and the Club/Pool Complex shall also be subject to a reciprocal easement for the covered walkway to be constructed alongside both and each party shall bear all costs of operation and maintenance incurred in connection with the portion of the covered walkway located on their respective parcels. The wall between the T"97As2 FCIOO-28 L/S 30VC1 0IE64EEZ I S° Q I N3AVEO V Aa3NN3H ° WO8A I I° S I S6 -e t -oaa Mr. Dwight Johnson Page 5 December 18, 1995 Arena and the Club shall be a common wall and the parties shall enter into a standard, common wall agreement. 5. Administrative Insurance and Legal Costs. 6' FCA will. assume all adminaREM!Vecura const c ion management, and legal costs relating the construction of the Club/Pool Complex, A not including any City staff time or expenses by the City Attorney. FCA will maintain proper insurance on A a. 5. Name of Complex. FCA will have the right to have the name of its LIFE TIME FITNESS club included on signage near the main entrance to the center. The overall recreation center will be named by the City in consultation with FCA, provided that "LIFE TINE" will be included in the name, such as LIFE TIME Sportsplex or LIFE TIME Sports Complex. 7. Referendum,. The entire project is subject to approval by the residents of the City of Plymouth in a referendum to be held A &&EFebruary 1996. 8. Disputes. All disputes arising under agreements between FCA and the City shall be resolved by binding arbitration under the rules of the American Arbitration Association. 9. Disclosure., Subject to execution of appropriate consents, FCA shall provide to the City a copy of its most recent audited financial statement and disclose to the City the b MkitMii' identity of all shareholders holding5$'or mbzte o f iff-P MFgk. The foregoing constitutes a non-binding proposal which shall have no legal effect but which shall form the basis for the parties to negotiate a binding legal agreement. FCA, Ltd., dba LIFE TIME FITNESS By Bahram Akradi Its President UW27452 FC100-18 Mr. Dwight Johnson Page 6 December 18, 1995 Accepted as the basis for negotiations and having no binding legal effect. The City of Plymouth By Its LMN97452 PC100-18 d/d 3OVC1 O I £6G££Z I9 ° O I N3AVSO 2 AG3NN2M ° WOMA i I : S I SS -8t-030 DATE: December 18, 1995 TO: Mayor and City Council FROM: Dwight D. Johnson, City Manager SUBJECT: Inquiries on Life Time Fitness letter of intent The following questions have been received about the letter of intent received from Life Time Fitness Clubs. The information on these questions has been requested prior to Tuesday evening. The following represents the answers we have at this time, keeping in mind that the letter of intent is meant only as a concept for future detailed negotiations. 1. Value of the land to be leased to Life Time? The Assessor estimates the land to be valued at around $2.00 per square foot, or about $100,000 per acre in round numbers. The total acreage for Life Time is estimated at three acres, so the total value of the land made available for the club/pool complex is estimated at about $300,000. 2. Information on financial strength of Life Time? Life Time has agreed to give us their pro forma for all of their clubs. When they seek financing, they plan to do so based upon the record of all of their clubs together. They have also agreed to give us the names of partners and their most recent financial report. The City will not commit any funds to this project until this information is received and analyzed. 3. Financial viability of operation? Life Time again refers us to their overall pro forma for all their clubs. They are not counting on daily fee revenue to repay their debt load. Nor are they assuming that there will be much erosion on the number of monthly memberships that they will sell. 4. Competitive opportunities? Letters went out to all major franchised clubs as well as the Flagship Club in Eden Prairie. Northwest Clubs indicated that they are pursuing their plans for a club in Maple Grove, and that Plymouth is too close to Maple Grove to consider building one here. Flagship Club is interested in building another club, but does not see a feasible way to have a reasonable daily fee schedule, given their high end monthly fees. U.S. Swim and Fitness did not respond to the letter. 5. Update the City's financial memo dated January 12, 1995. Address possible state budget cuts. A table updating our January 12 memo is attached. It shows that our balance of unmet needs will be reduced by $260,000 (right hand column). It further assumes that we wish to keep $2 million in reserve in the Project Administration instead of the $1 million listed last January. Finally, we would have either 1 or 2 more pools than the January memo showed, 1 extra indoor ice sheet, and 1 additional gym space. Since Life Time has proposed no operating deficit for the City and no maintenance responsibilities, any State budget cuts in the future would not impact this operation. 6. Discuss revisions to letter of intent following December 12 Council meeting. Six of the seven items were agreed upon by Life Time at a December 14 Council meeting and these are outlined in the Council staff report. Further discussion of daily fees on Monday, December 18 with Life Time resulted in the following proposals from Life Time, all relating to residents of Plymouth: Children 12 and under: 3.00 daily fee Youth 13 through 17: 5.00 daily fee Single adults (pool only) 6.00 daily fee Single adults (entire club) 8.00 daily fee Husband/wife together use of entire club) 8.00 daily fee for one, $5.00 for the other. Day care fee for daily pass holders 2.00 for two hours. Initiation Fee for membership 15 % discount from any announced rate. Alternate Proposal to lines 3 and 4: one fee of $7.00 for use of entire club. All daily fees will be limited to an annual increase of no more than the Consumer Price Index each year, beginning in the year 1998. 7. Loss of community character. The pool/club area will not be a publicly owned or operated building, although public access at the rates noted above will be guaranteed by a variety of measures. However, the conservation of public funds in this partnership arrangement will make it more likely that we will have funds available to add other facilities at this site, including a Community Recreation Room. UPDATE OF FINANCIAL MEMORANDUM DATED JANUARY 12, 1995 FUNDS DATE AVAILABLE JAN, 1995 10,860,000 MAY, 1995 9,860,000 FEB, 1996 2,610,000 PROJECTS 17,410,000 13,410,000 BALANCE 6,550,000) 3,550,000) 3,290,000) Note 1: The City will have an additional outdoor pool available, an additional indoor ice sheet, and an additional gym space compared to the project list in January, 1995. Note 2: The funds available does not include $5,000,000 in reserve in the Community Improvement Fund or $2 million in reserve in the Project Administration Fund. To: City Manager Dwight Johnson Subject: Proposed Life Time Fitness City of Plymouth Partnership cc: Mayor, Council Members SUMMARY In an effort to act with speed on the sports and recreational needs of the community, the City has set upon a fast paced course to forge a partnership with a private venture in order to build a privately owned and operated sports complex rather than a public community center by the fall of 1996. Councilmembers, councilmembers elect, staff and I have expressed cautious support for the concept of a public-private partnership as a way to meet part of our goals in responding to the need for indoor sports facilities. Speaking only for myself, however, as I have learned the details of the proposed Life Time partnership I have identified and on the record raised several objections, which at this point would not allow me to extend my support for the proposal as presently structured, My objections are itemized below. (Because of this, I respectfully dissent from those of my colleagues on the Council who though we may disagree on the Life Time proposal nevertheless hold the very best interests of the community at heart.) In summary, the proposal does not yet appear to benefit the public to the extent that would justify using public funding, public land and public services to subsidize a private for-profit venture which the City will have neither any ownership interest in or operational authority over. While a private -public partnership in this context — though apparently never accomplished anywhere in the country before — may still prove the most `dollar effective' for our City, and indeed Life Time may prove the best candidate, at this time unanswered questions remain an obstacle. Nick Granath Page 2 Aside from my concerns, I wish to commend and thank you and your staff for all the hard work done in the past weeks on this important issue. As usual, the City has been very well served by the dedication of its staff and employees and I am confident that we will meet the needs of our community in this area. ACTION Prior to, or at, the meeting wherein items 8-A and 8-B are considered, please provide the Council with the following: I. Information on the that would be leased for $1 a year. What is the FMV? What is the estimated value to Life Time? 2. Information that would allow the Council an opportunity to assess the financial strength of Life Time. What debt load, if any? Are there major liabilities that should be disclosed? What disclosures is Life Time prepared to make? 3. Information that will give the Council confidence that the proper financial research and planning has been conducted by Life Time to ensure the financial viability of the proposed operation. 4. Information on comi2etitive opportunities. What has the City done to seek competitive proposals (succinctly)? What has been the response (succinctly)? Is it prudent to assume that this project cannot be `competed' further? As you think necessary, please update the City's memo dated January 12, 1995 entitled Financial Planning for Future Capital Needs" (which explores capital needs in relation to present and future available funds and identifies future needs in the areas of road improvements, street reconstruction, water and sewer improvements, surface water management projects, parks, building renovations, and discusses possible future projects including open space and recreational facilities but which does not address contingencies based on state budgetary cuts such as have been identified in the recent Weber -Brandt Provide a report on discussions with Life Time representatives following the last special meeting on Dec. 12, and any revisions to the Letter of Intent Nick Granath Page 3 BACKGROUND The Council has reviewed and adopted the City of Plymouth RecreatioUal Snorts Facility Repo of November 1995. This report contained the findings and conclusions of a task force appointed by the Council in January 1995. The charge of the Task force was to "examine the future growth of youth and adult recreational sport programs in the City of Plymouth." (p, 4) The Report identified eight issues and makes recommendations for each. However, the first issue identified was presented as primary in the Report: The most consistent issue is the projected growth of all youth activities as the City of Plymouth continues to grow." (p. 7) The Report also included cost estimates for its recommendations. (p. 18). Importantly, the total estimated cost for all recommendations was $19.15 (million) and the City's share, apart from other possible sources of funding, was $13.85 m. Items 8-A and 8-13, on for the next regular meeting of the Council scheduled for December 19, 1995, concern the ballot question calling for a "special election on recreation facilities" and "response to Life Time Fitness' Letter of Intent." The City appears on a fast track to conclude a public-private partnership with a for-profit business, FCA,, Ltd. dba Life Time Fitness Club. The City has conducted discussion with Life Time for some weeks now. A special election is proposed for Feb. 6, 1996 (item 8-A). The Letter of Intent also contains a clause stating that "the entire project is subject to approval of the City of Plymouth in a referendum to be held in February 1996." Setting a February election and 1996 build schedule may as a practical matter lock -in the City to a partnership with Life Time. Therefore, it is proper at this time to examine all disadvantages and risks inherent in the Letter of Intent, as the opportunity to do so will shortly pass. The Council has reviewed major elements of the Life Time proposal at special meetings on November 27 and December 12, 1995. In addition, I have received information through your office (City Manager) and various Department Heads during this time period. Objections to the proposal are as follows: 1. Inadeauatr. meims of pub is access to the complex: The key provision in the Letter of Intent regarding public access is the "residential use covenant" clause which states that Nick Granath Page 4 the complex will be available to all residents of the City on a "daily fee basis that will be no higher than that charged for comparable public community centers in the metro area." This is at the heart of answering the question: Does the public benefit from this proposal? However, the term is basically undefined and lacks objective criteria to measure it by or examples. There is no description or mechanism for how this rate will be set. There is no mechanism for periodic input, review or dispute from, by or of the City. This issue is more than one of details that can be worked out later because public access is the rationale for tax dollars going to fund a private enterprise. In addition, the question gets to the core of how public and private needs will be reconciled on a day to day basis inside a privately owned and operated business. Life Time presumably will seek to maximize its adult customer access whereas the City should seek to maximize use and access by youth who predictably will not prove as lucrative a prospect. In the worst case scenario, Life Time will have underestimated the revenue it needs to generate, or the demand placed on the complex by allowing special access to Plymouth residents, and as result changes the rate structure to effectively bar all but well off citizens from the complex even though all taxpayers, rich and poor alike, helped pay for it, 2. Inadequate assurances of CityIILnagement controls sufficient to CMUr,htatthepublic'.-; interest will be aintal>L: There is an absence of any official channels of communication to address resolution of citizen complaints or comments which inevitably will be addressed to the City. To try to answer this objection by protesting that government controls will only entangle the operation of free enterprise misses the point that the City's participation is premised on a public purpose that is separate from the operation of the private sector per se. 3. Ingdenuatr,-dispute resolution mechanism: The Letter of Intent contains no such mechanism apparently leaving the City with no practical alternative other than to collapse the entire arrangement which would trigger a series of undesirable events, including possible expenditure of several million dollars in order to buy out the complex. Nick Granath Page 5 4 : The "ground lease" portion of the Letter of Intent article 0 makes the City's fee interest subordinate to Life Time's financing jI refinancing "not in excess of the greater of $4 million or the greater of (x) the then current balance thereof and (y) 50% of the appraised vale." As has been commented: The City's major risk factor is bankruptcy or other form of abandonment of the Club by its owners. The Letter of intent provides that the City could take over the entire Club for the cost of the outstanding debt on the property." [Memo, Dec. 137 1995, D. Johnson to Mayor and Council, emphasis added]. Future tax dollars are at risk here and the risk should be limited at the outset. 5. boss of community character: Over several years the concept of a Plymouth Community Center, owned and operated by the public for the sole benefit of the public, has been discussed, debated and voted on in Plymouth. We have now seemingly abandon that course and the Letter of Intent requires us to name the complex by including the private name. Though the City's purpose has changed in order to gain access to sports facilities sooner than later, and though we are not creating a "public space" in what will be part of the city center, has the citizen's expectation also changed? 6. Weaknesses in procurement: Given Plymouth's location and affluence that only one private party would be interested in expansion financially assisted by the City seems odd. In addition, to the extent that a "deal" has been worked out with Life Time in only a short period of time, it seems reasonable to infer that engaging other parties beyond a one time contact could be fruitful. City Managers' Recommendation: The Staff's recommendation is to accept the proposed Letter of Intent [Memo, Dec. 13, 1995, D. Johnson to Mayor and Council, p. 3]. The recommendation focus on the advantages of financial leveraging stating: Our citizens will gain access to a large recreational complex worth $8 million for 30 years, for an investment of about $2 million and the assurance of no operating or maintenance costs. While this is not a public Community Center, and the City Nick Granath Page 6 will not exercise operating control over the Club area, this letter of intent provides an outstanding value for our citizens." As indicated above, I do not find this recommendation persuasive simply because it is not clear that the citizens will gain the access we seek to provide them or that the City could not find another private partnership with which to better leverage the citizens' money. end - " ig r Agenda Number: '7- A TO: Mayor and City Council FROM: Kathy Lueckert, Assistant City Manager SUBJECT: Establish City Council Subcommittee to Interview Applicants for Boards and Commissions on January 8, 1996 DATE: December 14, 1995 for December 19, 1995 1. ACTION REQUESTED: Determine the process to appoint new members to Boards, Committees, and Commissions. 2. DISCUSSION: In recent years the City Council has established several methods for appointing members to the various boards and commissions. Last year, a Council subcommittee was formed to interview the applicants and recommend appointments to the full Council. Two years ago, the entire Council attempted to interview all candidates, which required three different evening meetings. This year, we expect the volume of candidates to be low enough to interview all candidates on one evening. Because of the vacancies on the Planning Commission, interviews should be held as soon as possible for these spots. It is recommended that interviews be scheduled for January 8, beginning at 6 P.M. Appointments by the Council could then take place on January 23. 3. RECON 4ENDATION: The Council should choose between the two alternative selection processes and also establish January 8 at 6 PM as the interview date. City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Res. No. 95 - BE IT THEREFORE RESOLVED by the City Council of the City of Plymouth, Minnesota that a City Council Subcommittee consisting of shall interview applicants for boards and commissions vacancies at 6 PM on Monday, January 8, 1996. 4 City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Res. No. 95 - BE IT THEREFORE RESOLVED by the City Council of the City of Plymouth, Minnesota that the City Council shall interview applicants for boards and commissions vacancies at 6 PM on Monday, January 8, 1996.