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HomeMy WebLinkAboutCity Council Packet 03-01-1993CITY OF PLYMOUTH AGENDA REGULAR COUNCIL MEETING MARCH 1, 1993 1. CALL TO ORDER 7:00 p.m. 2. INVOCATION 3. ROLL CALL 4. APPROVE AGENDA 5. 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 requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. A. Amoco Oil Company. Release of Site Performance Guarantee for the Amoco Station located at 3955 Vinewood Lane (87062) B. Lundgren Bros. Construction. Release of Tree Preservation Bond for Harbor Woods located north and east of Harbor Lane and 8th Avenue North (90093) C. Modification of Economic Development Tax Increment Financing District No. 5-1 D. Approve plans and specifications and advertise for bids for Northwest Blvd. from Schmidt Lake Road to 54th Avenue, Project No. 205 E. Development Contract Bond Reductions: 1. Carlson Center 8th Addition (87092) 2. Ponderosa Woods 2nd Addition (92076) F. Approve Agreement with Hennepin County for County Road 24 Reconstruction, Project No. 031 G. Resolution establishing individual funds for the various reserves within the Permanent Improvement Revolving PIR) Fund H. Award bids: 1. 1993 Tree and Stump Removal 2. 1993 Spring Reforestation 6. GENERAL BUSINESS A. Head Start Funding request and establishing a task force on preschool education B. Request to support legislation removing statutory cap on fire pension benefits 7. REPORTS AND STAFF RECOMMENDATIONS A. Schedule hearing to consider revocation or suspension of off -sale intoxicating liquor license of Kenny's Liquor Inc., 12 Nathan Lane, with respect to liquor law violation B. Status Report on 1992-1993 Deer Hunt C. City Council Information Memorandum and Schedule D. Affirmation of the Existence of the Plymouth Port Authority and appointing three commissioners to the board 8. ADJOURNMENT NOTE: The Port Authority Board will convene immediately after adjournment of the regular Council meeting. CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447 DATE: February 25, 1993 TO: Mayor and City Council FROM: I Dwight D. Johnson, City Manager SUBJECT: Summary of Events Land Acquisition. Staff is in the process of making an offer for 32.41 acres of land owned by Builders Development and Finance, Inc. located just northwest of the Soo Line and Peony Lane for future development as a playfield. The offer is a waiver of all park dedication fees for 224.91 acres that BDFI owns in this location (which will give us 22.49 acres) and $17,500 an acre for the remaining 9.92 acres on the parcel to be acquired. The out -of pocket cost of this proposal would be $173,600. The offer is contingent upon soil testing and council approval. School District 284 continues to be interested in the site to the north of this property, but is also considering one or two other sites in the area. Since the site we are proposing to buy is within the MUSA line, staff members assure me that the $17,500 per acre is very reasonable. The Osseo School District has requested that additional revenue from TIF districts in their various cities which result from their approved operating levy referenda of the last several years be turned back to the school district. No discussion has occurred yet about the recently passed bond referendum for a new high school. A meeting was held of the various constituent cities. Dale Hahn was present for Plymouth. He reports that Maple Grove is inclined to give some or all of the "windfall" money back while Brooklyn Park is not. Dale noted that while the extra amount is a windfall for the City TIF districts, it is also a windfall for the school district which did not plan to receive any revenues from these districts in their referenda. This might suggest a 50/50 sharing solution. The amount of money in question for this District is about $41,000 per year. However, the implications for doing this for all four school districts serving Plymouth in the future could be much larger. Another meeting of cities is planned for March 18th. City Center expansion. A commercial broker who is also a Plymouth resident called. He noted that the City is contemplating spending $110 per foot to create new office space and called our attention to the fact that several office buildings of 32,000 s.f. exactly our 2010 need) are available at Harbor Place on Fernbrook near Hwy. 55. These offices are reportedly available at $25 per foot, a market figure confirmed by our assessors. The buildings are approximately the same age and condition of our own City Center. The biggest practical problem appears to be creating a council chambers in the office space area. The most interesting question would be what to do with the existing City Center building. It happens to be about the right size for a library, but it might be far too risky to throw another curve ball at the library development effort..... As I noted a few weeks ago, we are looking at a number of options and making ballpark estimates in-house of the costs. We hope to be able to review these with you at the first study session in April. Assistant City Manager position. A total of 67 applications have been received as of this date. A number of people have also called me to suggest that they might be interested. Often, there is an increase in applications right at the deadline which is March 15th. It was not advertised in the ICMA newsletter nationally until this last Monday. In case you are wondering, it has occurred to me to consider whether or not we absolutely must fill this position. While I tend to think that it is a necessary position, I will be giving it some more thought before we commit for sure. Cavanaugh. Mr. Cavanaugh has engaged his attorney who has contacted our City Attorney's office. Cavanaugh's requests apparently include deducting $50,000 from the value of the land due to removal of the house and payment of about $61,000 in legal fees. Cavanaugh's attorney alleges that there is a statute or a case relating to abandonment of public purpose in which they are entitled to these things. Our attorney's office is reviewing this. He also would like the land rezoned from B-1 to B- 2, similar to the surrounding "downtown" land. Planning would consider this if the traffic on the site changes its orientation to face downtown It is likely that another meeting with Cavanaugh will take place on Monday of next week. Staff is looking into the financial implications as well as the legal implications for the City. Agenda Number: Y -o A MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 TO: Dwight Johnson, City Manager FROM: Associate Plannhn Keho through Community Development Director Charles E. 1 rud SUBJECT: AMOCO OIL COMPANY. RELEASE OF SITE PERFORMANCE GUARANTEE FOR THE AMOCO STATION LOCATED AT 3955 VINEWOOD LANE (87062) DATE: February 18, 1993 For City Council Meeting of March 1, 1993 1. ACTION REQUESTED: Adopt the attached resolution authorizing the release of the Site Performance Guarantee for Amoco Oil Company for the Amoco Station at 3955 Vinewood Lane. 2. BACKGROUND: The developer has requested release of the financial guarantee for Amoco Oil Company stating that all site improvements have been completed related to the construction of the Amoco Service Station. Planning staff inspected the site and found all the site improvements have been completed including the winter survivability of landscaping. 3. RECOMMENDATION: I recommend adoption of the attached resolution authorizing release of the financial guarantee for Amoco Oil Company. ATTACHMENTS: 1. Draft Resolution 2. Location Map 3. Resolution 88-148 cc/jk/87062) CITY OF PLYMOUTH RESOLUTION 93 - AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR AMOCO OIL COMPANY FOR THE AMOCO STATION LOCATED AT 3955 VINEWOOD LANE (87062) WHEREAS, a Site Plan for the Amoco Station was approved under City Council Resolution 88-148; and, WHEREAS, the developer submitted the required Site Performance Guarantee in the form of a bond in the amount of $9,000; and, WHEREAS, upon notice from the developer, City staff has inspected said site and recommends release of the financial guarantee; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does authorize the release of the bond in the amount of $9,000 which was submitted to guarantee site improvements for the Amoco Station, located 3955 Vinewood Lane. Adopted by the City Council on February 22, 1993. T_ d9 rj AeTION MAP 87ph I fNNI 540 90. .. ...... A lie io 311lot; 51, CITY OF PLYFIOUTH Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was held on the 7th day of March , 1988. The following members were present: Mayor Schn er, Councilmerteeers VasMou, RT ker Zitur and Sisk e MO. 0—* ng members were a sent: hone Councilmember Sisk introduced the following Resolution and moved its adoption: RESOLUTION NO. 88-148 APPROVING CONDITIONAL USE PERMIT, SITE PLAN, AND VARIANCES FOR AMOCO OIL COMPANY FOR AN AMOCO SERVICE STATION (87062) WHEREAS, Amoco Oil Company has requested approval of a Conditional Use Permit, Site Plan and Variances for the construction of an Amoco Service Station to be located in the B-3 Zoning District at the southeast corner of I-494 and County Road 9; and WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request for Amoco Oil Company for a Conditional Use Permit, Site Plan, and Variances for construction of an Amoco Service Station to be located at the southeast corner of I-494 and County Road 9 subject to the following conditions: 1. Compliance with City Engineer's Memorandum. 2. Payment of park dedication fees -in -lieu of dedication in accordance w`th the Dedication Policy in effect at the time of Building Permit issuance. 3. Provisions for a 20 ft. wide trail easement per Comprehensive Park Plan, as verified by the Parks and Engineering Departments. 4. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures on sites adjacent to, or containing any open storm water drainage facility. 5. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 6. Any subsequent phases or expansions are subject to Tequired reviews and approvals per Ordinance provisions. 7. Compliance with the Ordinance regarding the location of fire hydrants and 'ire lanes. 6. All waste and waste containers shall be stored within the enclosure, and no outside storage Is permitted. PLEASE SEE PAGE TWO RESOLUTION NO. 88-148 Page Two Recommendations for Conditional Use Permit, Site Plan, and Variances for Aa*co Oil Company 9. 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. 10. No Building Permit to be issued until the Final Plat is filed and recorded with Hennepin County. 11. Appropriate legal documents for the shared dr'ie shall be submitted for review and approved by the City Attorney and filed with the Final Plat. 12. The Conditional Use Permit is subject to all applicable codes, regulations andOrdinances, and violation thereof shall be grounds for revocation. 13. The Conditional Use Permit is issued to Amoco Oil Company as operator of the facility and shall not be transferable. 14. The site shall be maintained in a sanitary manner. 15. There shall be no outside display, sales, or storage of merchandise or related materials. 16. All parking shall be off-street in designated areas which comply with the ZoningOrdinance. 17. Variances are approved for the following, based upon the findings indicated: a.) Drive aisle to building 5 ft. versus 10 ft. Ordinance standard. 18. The trash enclosure shall be brick construction. 19. The building fascia for the carwash shall be brick to match the primary building. The &.)tion for adoption of the foregoi^g Resolution was duly seconded byCouncilmemberZitur , and upon vote being taken thereon, the o owingvotedinfavorthereof: Mayor c neider, Councilmembers Vasiliou Ricker, ZiturandSisk The foI ow ngvotedagainstorabstained: None Whereupon the Resolu ion was declared duly passed and adopted.--- Agenda Number: rs-$ MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 TO: Dwight Johnson, City Manager FROM: Associate Plan r' o Keho through Community Development Director Charles E erud SUBJECT: LUNDGREN BROS. CONSTRUCTION. RELEASE OF TREE PRESERVATION GUARANTEE FOR HARBOR WOODS LOCATED NORTH AND EAST OF HARBOR LANE AND 8TH AVENUE NORTH (90093) DATE: February 22, 1993 For City Council Meeting of March 1, 1993 1. ACTION REQUESTED: Adopt the attached resolution authorizing a finding of compliance by the developer with the provisions of the Development Contract with regard to tree preservation; and, releasing the financial guarantee, as recommended by the City Forester. 2. BACKGROUND: On June 7, 1992, the City Council approved a Final Plat and Development Contract for the Harbor Woods Addition, including requirements regarding the preservation of trees on the development site. The mass grading for this development has been completed, and the City Forester has inspected the site for compliance with the previously approved Tree Preservation Plan. By his letter of January 12, 1993, the City Forester recommends release of the financial guarantee for tree preservation on this site. 3. RECOMMENDATION: I recommend adoption of the attached resolution providing for the release of the financial guarantee for tree preservation for Lundgren Bros. Construction for Harbor Woods Addition, as recommended by the City Forester. ATTACHMENTS: 1. Resolution Releasing Financial Guarantee of Tree Preservation 2. Communication of City Forester Dated January 12, 1993 3. Location Map 0 CITY OF PLYMOUTH RESOLUTION 93 - AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR LUNDGREN BROS. CONSTRUCTION FOR TREE PRESERVATION FOR HARBOR WOODS ADDITION LOCATED NORTH AND EAST OF HARBOR LANE AND 8TH AVENUE NORTH (90093) WHEREAS, the City Council approved a Final Plat and Development Contract for Harbor Woods Addition by Resolution 92-364; and, WHEREAS, the Development Contract provided for a Tree Preservation Plan; and, WHEREAS, the developer provided a financial guarantee in the amount of $12,275 cash to secure execution of the Tree Preservation Plan for Harbor Woods Addition; and, WHEREAS, the City Forester has certified the development has complied with the Tree Preservation Plan, and he now recommends release of the financial guarantee; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does authorize the release of the Cash for Tree Preservation for Harbor Woods Addition in the amount of 12,275. Adopted by the City Council on March 1, 1993. MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: January 12, 1993 TO: John Keho, Associate Planner FROM: Paul Buck, City Forester SUBJECT: RELEASE OF TREE PRESERVATION GRADING PHASE BOND FOR HARBOR WOODS Michael Pflaum of Lundgren Bros. Construction requested a grading final inspection for the above mentioned property. I have looked at the trees and all are accounted for and appear to be in good condition. Therefore, you may release the bond that they obtained. cc: Michael Pflaum, Lundgren Bros. Cons. M IN 1" i Wil Ilk Emig, 1 0-0. a Agenda Number: S 4W G MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 TO: Dwight Johnson, City Manager FROM: Community Development Director Ch E. Dillerud SUBJECT: MODIFICATION OF ECONOMIC DEVELOPMENT TAX INCREMENT FINANCING DISTRICT NO. 5-1 DATE: February 23, 1993 For City Council Meeting of March 1, 1993 1. ACTION REQUESTED: Adopt the attached resolution which provides for the approval of a modification to Tax Increment Financing District No. 5-1 to reduce the size of the district. 2. BACKGROUND: On April 18, 1988, the City Council by Resolution 88-232 created TIF District 5-1 which included several parcels in the southwest quadrant of 34th Avenue North and Fernbrook Lane. All of the parcels included within the district were either vacant or contained non -conforming structures. Subsequent to the creation of the Tax Increment District Family Hope Services applied for and received approval of a Final Plat to combine two parcels at the southeast corner of 34th Avenue North and Fernbrook Lane with a Final Plat. One of those parcels was of .52 acres, unplatted, and part of Tax Increment Finance District 5-1. The other parcel was platted, containing the former Tipton Building, and not a part of Tax Increment Finance District 5-1. 3. DISCUSSION: We have been advised by Hennepin County that even though the approval of the Family Hope Addition combined these two parcels from a platting perspective, the fact that the .52 acre parcel was part of TIF District 5-1 and the balance of the site was not creates a need to retain separate tax records as if the parcels had never been combined. Since this will result in double tax documentation for the property owner and the maintenance of double property records in the City Geobase System for no apparent reason, it is advisable for the City to amend the TIF District 5-1 to exclude the .52 acre parcel that has been subsequently included with the existing Tipton Building by way of a Final Plat. 5. RECOMMENDATION: I recommend adoption of the attached resolution which provides for the approval of an amendment to Tax Increment Financing District No. 5-1 to reduce the size of the district by .52 acres to reflect the platted configuration of the Family Hope Addition. ATTACHMENTS: 1. Resolution Approving Amendment to Tax Increment Financing District No. 5-1 2. Location Map 3. Site Graphics CITY OF PLYMOUTH RESOLUTION NO. 93 - RESOLUTION APPROVING THE MODIFICATION OF ECONOMIC DEVELOPMENT TAX INCREMENT FINANCING DISTRICT NO. 5-1 IN MUNICIPAL DEVELOPMENT DISTRICT NO. 5 WHEREAS, by passage of Resolution No. 88-232, dated April 18, 1988, the City Council (the "Council") for the City of Plymouth, Minnesota (the "City") established Tax Increment Financing District No. 5-1 ("TIF District 5-1") in accordance with the City's Tax Increment Financing Plan (the "TIF Plan") in order to carry out a development program to construct various public improvements in Municipal Development District No. 5 (the District); and WHEREAS, the Council now desires to modifiy the TIF Plan by eliminating the property identified on Exhibit A hereto from TIF District 5-1; and WHEREAS, Minnesota Statutes, Section 469.175, subd. 4 authorizes the Council, upon the making of certain determinations thereunder, to modify the TIF Plan by reducing the geographic area of a tax increment financing district without notice, public hearing or findings required for approval of the original plan; and WHEREAS, in accordance with such requirements under Section 469.175, subd. 4, the Council has determined that the only modification to the TIF Plan is the elimination of a parcel from TIF District 5-1; and that the current net tax capacity of the parcel eliminated from TIF District 5-1 equals or exceeds the net tax capacity of that parcel in original net tax capacity of TIF District 5-1; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Plymouth, Minnesota, as follows: 1. That the TIF Plan is hereby modified to eliminate the property described on Exhibit A from TIF District 5-1. 2. That the City Manager is hereby authorized and directed to file a certified copy of this resolution and the appropriate request de -certifying the property described on Exhibit A with the Director of Property Taxation of Hennepin County. 6319P EXHIBIT A The property to be eliminated from TIF District No. 5-1 is identified as that parcel bearing PIN #21-14-0002 and depicted pictorially in both small and large scales on Attachments 1 and 2 hereto. x f.er L.• 11 4 w w u Ir i x R' k t" • C'. Y 11. s - ' Ia •. T t3 m !P IL7 { A! r! t• A, I O40 I d i r . I • _ , x'-80 1 / .a °® i - :' ` JCP• ate.-,w •,,. ' < . .. 0 A - • D 1 I . a . = a- d •Tor i 6, r D O ep t y- N- 'W a -•\ CA LW CD r ` 3 1wf 1000 ,IiUE V_ L PR a: PERT TO BE ELIMIl AT i ,I „ c `• ro m ROM rFIF DIST ICT NO. C• r Cl 1 Y - v obi y i' :, FERNBROOK LA. ; 0 1 a NO . 1314.01 OK 8.61 RES Agenda Number: 40.. b CITY OF PLYMOUTH CITY COUNCIL AGENDA REPORT DATE: February 23, 1993 For City Council Meeting of March 1, 1993 TO: Dwight Johnson, City Manager Through Fred G. Moore, Director of Public Works FROM: Daniel L. Faulkner, City Engineer SUBJECT: NORTHWEST BOULEVARD SCHMIDT LAKE ROAD TO 34TH AVENUE NORTH CITY PROJECT NO. 205 ACTION REQUESTED: Approve final plans and specifications and order advertisement for bids. BACKGROUND: Over the past several years the City of Plymouth has been undertaking projects to complete our major north/south arterial street, Northwest Boulevard/Xenium Lane, paralleling I-494. These projects began over ten years ago as development commenced along the corridor. Between our south city limits and County Road 10 on the north, all except the one segment crossing the Soo Line Railroad Tracks, have been completed or were under construction in 1992. The last remaining segment crossing the Soo Line Railroad Tracks involved a decision whether the crossing would be at grade or with a grade separated crossing. In 1991, the City Council determined because of safety the roadway should be constructed with a bridge over the railroad tracks to provide a grade separated crossing. This segment also had impacts on several wetlands within the area. Although an alignment had previously been established previous to any development within the area, the City Council also heard concerns from residents on the impact the established alignment would have on their adjacent properties. In 1991, the City completed alignment studies and the necessary permit process with the Minnesota Department of Natural Resources (DNR) and obtained the permit for the final segment. The final alignment was shifted westerly from the previous established alignment. If the alignment had not been shifted, it would have only required acquisition of right-of-way from one property which has not had any development activity. Because of the shift in alignment, right-of-way acquisition was required from two undeveloped properties in addition to the necessary easements to cross the railroad. In addition, land had to be acquired in accordance with the DNR permit to provide areas to mitigate the wetland impacts. All right-of-way southerly of the Soo Line Railroad was acquired last year when the City undertook the completion of Northwest Boulevard from 47th Avenue to Schmidt Lake Road and the Schmidt Lake Road connection between Northwest Boulevard and Pineview Lane. SUBJECT: NORTHWEST BOULEVARD February 23, 1993 Page Two Final plans and specifications for this final segment were ordered on April 20, 1992. The preparation of the final plans and specifications for this project took longer than normal due to negotiations for right-of-way and a conservation easement on the Rosendahl property located east of the alignment of Northwest Boulevard and north of the Soo Line Railroad Tracks. Negotiations have now been completed. The conservation easement on the Rosendahl property was required as part of the DNR permit process. This project will allow the final segment of Northwest Boulevard to be completed. The plans include the bridge over the Soo Line Railroad Tracks. DISCUSSION: With the approval of the plans and specifications and authorizing the receiving of bids on the project, the following schedule will be established: Approve plans and specifications Receive bids Award contract Begin construction Roadway open to traffic Complete final bituminous surface and surface restoration March 1, 1993 April 8, 1993 April 19, 1993 May, 1993 November, 1993 Spring/Summer, 1994 BUDGET IMPACT: Based upon the Preliminary Engineering Report which was completed in April 1992, the project was estimated to have a total cost of 4,000,000. This amount was included in the 1993 Capital Improvements Plan and funds were allocated from the appropriate T.I.F. District. The summary of the estimated cost of the project, when the Preliminary Engineering Report was presented to the City, and the estimated costs at this time after the completion of plans and specifications and acquisition of the necessary right-of-way, is as follows: ESTIMATED ESTIMATED DESCRIPTION COST CURRENT COST April, 1992) Construction $2,328,226 $2,798,155 Street, Storm Sewer, Watermain, Trails, and Bridge) Design, Administration, Inspection, 623,964 559,631 Testing, and Contingencies Right-of-Way/Permits 1.047.810 540.QU TOTAL PROJECT COST $4,000,000 $3,897,786 As can be seen by the comparison, the project is approximately $100,000 less than the original projected project cost and the allocated funding. SUBJECT: NORTHWEST BOULEVARD February 23, 1993 Page Three RECOMMENDATIONS AND CONCLUSIONS: I recommend that adopt the attached resolution which approves plans and orders advertisement for bids with bids to be received on Daniel L. Faulkner, P.E. DLF:dkc:kh attachments: Resolution Map the City Council specifications and April 8, 1993. RESOLUTION NO. 93 - APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS NORTHWEST BOULEVARD (FUTURE COUNTY ROAD 61 FROM SCHMIDT LAKE ROAD TO 54TH AVENUE NORTH) CITY PROJECT NO. 205 WHEREAS, pursuant to a resolution passed by the Council on April 20, 1992, the City's Consulting Engineer, Strgar, Roscoe, Fausch, Inc., has prepared plans and specifications for the construction of Northwest Boulevard from Schmidt Lake Road to 54th Avenue North and has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in The Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice shall specify the work to be done, shall state that bids will be received by the City Clerk until 10:00 a.m. on April 8, 1993 at which time they will be publicly opened in the Council Chambers of the Plymouth City Center Building at 3400 Plymouth Boulevard, Plymouth, Minnesota, by the City Manager and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City Clerk for five percent of the amount of such bid. Adopted by the City Council on March 1, 1993. ON 4.3 Im tiq f (D( m I in• ti. i '• ..ate t6M liq An •. f Ifo • fl. IM m to" iw 1s th i til IM1 ONI4-4 in m (.n ffl to 1 y v 1w+ M RoS e d.ti l fslF Cch•t Prove,+v tw U d i nw i to to t1a 111. 1 t• Ir• to am P, a to (ia to tt A f In ta1' •,a r tf fin 1: + • Irl J1 V Ii O t.l 1 ( Ism prow++ IM t cs1 1 Q I tiD A ..•• , un I'm y fD n1 If l//•q J no 'in tlns Q( *~1 / • at f tq 6 lM f JOwn CZ 110.•- 11 to tr t 4 Y N AM• N 1 IjTH fMtf A •ul + e til p f:a f1n1 T tT ..: .• cm k ts• 11i1 ti a , a , Iia lM til W L I prl til co Zry Y.l•.11, ' 4• ?Iql IM Iia t11q A 1 d Z i 1 11D t f• } IM Iia Z 2 to tlil an • . 1iD Ili~, [a O's 06 4 3 tiq .4 1 • n r a , al tal f cc T is 4, m to ti` Itat 1 JR - tty (11 til rt tr lia two fm 'I ni t; f fn e;7 Agenda Number: of CITY OF PLYMOUTH CITY COUNCIL AGENDA REPORT DATE: February 22, 1993 for Council Meeting of March 1, 1993 TO: Dwight Johnson, City Manager, through Fred G. Moore; Director of Public Works FROM: John R. Sweeney, Assistant Engineer SUBJECT: BOND REDUCTIONS ACTION REQUESTED: We have received requests from the developers for a bond reduction 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. Carlson Center Eighth Addition (87092) 2. Ponderosa Woods 2nd Addition (92076) a'- John R. Sweeney RS : kh attachments: Reso ons CITY OF PLYMOUTH RESOLUTION NO. 93 - REDUCING DEVELOPMENT BOND CARLSON CENTER EIGHTH ADDITION (87092) WHEREAS, in accordance with the development contract dated November 12, 1987, Crow- Minnetonka/Plymouth Limited Partnership, a Texas Limited Partnership, developer of Carlson Center Eighth Addition (87092), 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, in accordance with City ordinances, the developer provided a financial guarantee in the form of a cash deposit in the amount of $136,365.40 to guarantee the payment of the first two years of special assessments for utility and street construction as well as concrete curb and gutter in City Project No. 751; and WHEREAS, the developer has paid the first two years of special assessments for the lots in this levy; and WHEREAS, the developer has requested a reduction of the development bond to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the bonding requirements are reduced as follows: FURTHER BE IT RESOLVED that the bonding requirements for the following items per Section 8.1 of the approved development contract be reduced as follows: ITEM ORIGINAL AMOUNT NEW AMOUNT Two year payment guarantee for special assessments for utility and street construction and concrete curb and gutter per Levy No. 11359 $136,365.40 $-0- NOW, THEREFORE, BE IT FURTHER RESOLVED that the above referenced financial guarantee for City Project No. 751 is hereby reduced from $30,962 to $0 (zero). The cash deposit that was submitted on February 1, 1990 is hereby released and will be returned to the developer forthwith. Adopted by the City Council on March 1, 1993. t RESOLUTION NO. 93 - REDUCING DEVELOPMENT BOND PONDEROSA WOODS 2ND ADDITION (92076) WHEREAS, in accordance with the development contract dated October 5, 1992, Antione J. Poppelaars and Simone F. Poppelaars, developer of Ponderosa Woods 2nd Addition (92076), 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 development bond to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the bonding requirements are reduced as follows: TTg ORIGINAL AMOUNT NEW AMOUNT Street Construction 0- 0- Sanitary Sewer 12,457 0- Watermain 5,200 0- Storm Sewer 13,160 0- Boulevard and Drainage Swale Sod 800 800 Pond or Ditch Construction 0- 0- Street Signs (1 x 150) 0- 0- Site Grading and Drainage Improvements 0- 0- Park and Trail Improvements 0- 0- Design, Administration, Inspection, As-Builts 3,794 200 Setting Iron Monuments TOTAL $ 36,411 $ 2,000 That the letter of credit required for the above items be reduced as detailed above from $36,411 to $2,000 to reflect the completed work. FURTHER BE IT RESOLVED that the bonding requirements for the following items per Section 8.1 of the approved development contract be reduced as follows: T Maintenance of Erosion and Sediment Control Plan Street Sweeping and Storm Sewer Cleaning (See Proj. 88139 and Grading Permit No. 21929) Cash: $1,000 $1,000 Letter of Credit: $ -0- $ -0- FURTHER BE IT RESOLVED that the sanitary sewer, watermain and storm sewer construction is accepted for continual maintenance as of March 1, 1993 subject to the Two Year Guarantee by the Developer. Adopted by the City Council on March 1, 1993. Agenda Number: fUf CITY OF PLYMOUTH CITY COUNCIL AGENDA REPORT DATE: February 22, 1993 For City Council Meeting of March 1, 1993 TO: Dwight Johnson, City Manager Through Fred G. Moore, Director of Public Works FROM: Daniel L. Faulkner, City Engineer SUBJECT: CONSTRUCTION COOPERATIVE AGREEMENT COUNTY ROAD 24 CITY PROJECT NO. 031 ACTION REQUESTED: Approve the attached resolution authorizing the Mayor and City Manager to sign Agreement No. 01-17-1-93 for the reconstruction of County Road 24 from Kimberly Lane to Trunk Highway 55. BACKGROUND: Hennepin County requires that a construction cooperative agreement be signed by the City in order for the work to proceed on City Project No. 031, County 24/County Road 9 Realignment and Construction. This is a standard agreement which the County has used in past construction project. BUDGET IMPACT: There is no cost participation by the county per this agreement and none had been anticipated in the approved Capital Improvements Program. RECOMMENDATIONS AND CONCLUSIONS: I recommend the City Council approve the resolution authorizing the Mayor and City Manager to sign Agreement No. 01-17-93 in order for the work to proceed on the reconstruction and realignment of County Road 24 between Highway 55 and Kimberly Lane. LLJ / I Daniel L. Faulkner, P.E. DLF:rjp:do attachment: Resolution CITY OF PLYMOUTH RESOLUTION NO. 93 - CONSTRUCTION COOPERATIVE AGREEMENT COUNTY ROAD 24 CITY PROJECT NO. 031 WHEREAS, the City proposes to improve that portion of County State Aid Highway No. 24 between Kimberly Lane and Trunk Highway 55 as shown on the City's plans for City Project No. 031, which improvement includes grading, drainage, bituminous surfacing, watermain, sanitary sewer, and other related improvements; and WHEREAS, the County has jurisdiction over the County road; and WHEREAS, an agreement is necessary between the City and the County for said construction and the County has prepared Agreement No. 01-17-93 and presented it to the City. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That said agreement be in all things approved. BE IT FURTHER RESOLVED, that the Mayor and City Manager are authorized to sign Agreement No. 01-17-93 on behalf of the City. Adopted by the City Council on March 1, 1993 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 signed by me, City Clerk, 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 I It DEPARTMENT OF PUBLIC WORKS 320 Washington Avenue South HENNEPIN Hopkins, Minnesota 55343-8468 PHONE: (612) 930-2500 FAX (612) 930-2513LFUTDD: (612) 930-2696 February 19, 1993 Mr. Fred Moore City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 CONSTRUCTION COOPERATIVE AGREEMENT NO. 01-17-93 CSAH 24 BETWEEN KIMBERLY LANE AND TH 55 COUNTY PROJECT 9245 Dear Mr. Moore: Submitted for approval are two copies of the above referenced agreement. If the agreement is satisfactory, please have both copies signed by the appropriate City officials and return them to this office. Also, please return two certified copies of a resolution authorizing these officials to sign the agreement. Upon completion of the remaining signatures by County officials, we will send you one fully executed copy for your files. If you have any questions concerning the agreement, please call Harlan Hanson at 930-2530. Scerely, 1 Bruce M. Polaczyk, P. . Design Administrative Engineer BCC:mak Enclosure HENNEPIN COUNTY an equal opportunity employer Agreement No. PW 01-17-93 ' County Project No. 9245 County State Aid Highway No. 24 City of Plymouth County of Hennepin CONSTRUCTION COOPERATIVE AGREEMENT AGREEMENT, Made and entered into this day of , 19 by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the County" and the City of Plymouth, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, The County and the City have been negotiating to bring about the improvement of that portion of County State Aid Highway No. 24 between Kimberly Lane and Trunk Highway 55 (Engineer's Stations 32+50 to 64+61) as shown on the City's plans signed and dated December 17, 1992, for which improvement contemplates and includes concrete curb and gutter, aggregate base, utilities, bituminous base and wear courses and other related improvements; and WHEREAS, The above mentioned construction of County State Aid Highway 24 shall be hereinafter identified as County Project 9245; and WHEREAS, The above described project lies within the corporate limits of the City; and WHEREAS, The City has prepared plans and specifications, will advertise and receive bids and award the contract for the construction of said project; and WHEREAS, The City has requested that the County approve the plans and specifications and that the County authorize the City to perform the work in accordance with said plans and specifications for said project; and WHEREAS, The County has indicated its willingness to approve said plans and specifications and provide said authorization to the City under the terms 1 - G F Agreement No. PW 01-17-93 and conditions as hereinafter set forth; and WHEREAS, It is contemplated that said work be carried out by the parties hereto under the provisions of M.S. SEC. 162.17, Subd. 1 and SEC. 471.59. NOW THEREFORE, IT IS HEREBY AGREED: I The City shall advertise and receive bids and enter into a contract for said project with the successful bidder at the unit prices specified in the bid of such bidder, according to law in such case provided for Cities. The contract will be in form and will include the plans and specifications prepared by the City or its agents and approved by the County. II The City will administer the contract and inspect the construction of the contract work contemplated herewith. All work on County State Aid Highway No. 24 shall be completed in compliance with the plans and specifications. The County Engineer or his staff shall have the right, as the work progresses, to enter upon the premises to make any inspections deemed necessary, but will have no responsibility for the supervision of the work. III Prior to beginning construction, the City shall furnish the County with two (2) complete sets of plans and specifications. Said plan sets shall all be on 11" by 17" paper and furnished at no cost to the County. IV The City or its agents, at its or their own expense, shall acquire all rights of way, permits and/or easement required for the construction of said project. The right of way costs incurred shall include all acquisition costs including, but not limited to, any and all damages occurring to any person or persons, including private utilities, in relocating, removing or adjusting main conduits or other structures located in or upon the land taken and within the present right of way; or damage in procuring such right of way by the City in the performance of such contract with respect to the improvement of County State Aid Highway No. 24 in accordance with the plans and specifications. 2 - d-- 0 Agreement No. PW 01-17-93 1 V The costs for all work performed by the City and its agents, including the acquisition costs of all rights of way, required for the construction of said project as provided herein shall be borne 100 percent by the City. There shall be no cost to the County. The estimated construction cost of the project is $1,728,230.00. VI Upon completion of the project, all right of way acquired for CSAH No. 24 as provided in Article IV herein shall be conveyed to the County with no consideration required. VII Upon completion of the project, the County will request that the Commissioner of the Minnesota Department of Transportation remove from the County Highway System the existing roadway segment of CSAH 24 from Kimberly Lane to Trunk Highway 55 and that jurisdiction for said roadway segment be transferred to the City. The City, by executing this agreement, concurs in the above change in jurisdiction and agrees to sign and complete documents so evidencing its intent if required by the Commissioner of the Minnesota Department of Transportation or applicable laws. VIII All direct payments to the Contractor for work performed on said project will be made by the City. The City shall be responsible for and pay all the construction cost of the contract work for said project as identified herein. IX All records kept by the City and the County with respect to this project shall be subject to examination by the representatives of each party hereto. X All extra work orders or changes in the plans during construction of said project shall be subject to the approval of the County Engineer of Hennepin County prior to performing the work in accordance with such extra work orders or changes in the plans. 3 — CVS k Agreement No. PW 01-17-93 XI The City Engineer will prepare monthly progress reports as provided in the specifications. A copy of these reports shall be furnished to the County. XII The County reserves the right not to issue any permits for a period of five (5) years after completion of the project for any service cuts in the roadway surfacing of the County Highways included in this project for any installation of underground utilities which would be considered as new work; service cuts shall be allowed for the maintenance and repair of any existing underground utilities. XIII It is agreed that the City shall, at its own expense, remove and replace all City owned signs that are within the construction limits of this project. It is also agreed that the removal of any County owned signs within the project limits will be coordinated with the County Traffic Operations Engineer prior to removal. XIV If traffic is being maintained during the construction and operations are suspended for winter prior to completion of all work within the roadbed of any County highway, the City, either with its own forces or through its Contractor, shall provide a roadway surface including pavement markings, signs and barricades, on said highway suitable for winter traffic. Said roadway shall be bituminous surfaced utilizing either the existing surface or new surfacing placed on or before November 1. Provisions shall be made to accommodate surface drainage and all protruding structures shall be properly ramped to permit safe operation of snow removal equipment. The County, at its own expense, will provide snow and ice control and routine surface maintenance on said highway during the winter suspension period. Upon completion of the project, the County at its expense will provide all final pavement markings and signs on the newly constructed portion of County State Aid Highway No. 24. XV Upon completion of the project the City or its agents shall furnish the County with one (1) complete set of reproducible (mylar) as -built plans. Said 4 - 4" Agreement No. PW 01-17-93 1 plans shall be on 22" X 34" medium and furnished at no cost to the County. XVI Upon completion of the project, the County, at its expense, shall place the necessary signs and the City, at its expense, shall provide the enforcement for the prohibition of on -street parking on those portions of County State Aid Highway No. 24 constructed under this project recognizing the concurrent jurisdiction of the Sheriff of Hennepin County. Any modification of the above parking restrictions shall not be made without first obtaining a resolution from the County Board of Commissioners permitting said modification. XVII It is understood and agreed that upon completion of the improvement proposed herein, all bituminous walk included in said improvement shall become the property of the City and all maintenance, restoration, repair or replacement required thereafter shall be performed by the City at its own expense. It is further understood that neither the County, its commissioners, officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, judgements, fines, penalties, expenses, action or cause of action of any kind or character arising out of or by reason of negligent performance of the hereinbefore described bituminous walk maintenance, existence, restoration, repair or replacement by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, judgements, fines, penalties, expenses, actions or causes of action and expenses (including, without limitation, reasonable attorney's fees, witness fees, and disbursements incurred in the defense thereof) arising out of negligent performance by the City, its officers, agents or employees. XVIII It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whomsoever for any claims, damages, demands, judgements, fines, penalties, expenses, actions, or 5 - 9 Agreement No. PW 01-17-93 causes of actions of any kind or character arising out of or by reason of the negligent performance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. The City also agrees that any contract let by the City or its agents for the performance of the work on County State Aid Highway No. 24 as provided in Articles II, IV, XIII and XIV herein shall include clauses that will: I) Require the Contractor to defend, indemnify, and save harmless the County, its officers, agents and employees from claims, suits, demands, damages, judgements, costs, interest, expenses (including, without limitation, reasonable attorney's fees, witness fees, and disbursements incurred in the defense thereof) arising out of or by reason of the negligence of the said Contractor, its officers, employees, agents or subcontractors and 2) Require the Contractor to provide and maintain sufficient insurance so as to assure the performance of its hold harmless obligations. XIX It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to 6 - 0 Agreement No. PW 01-17-93 ! be rendered herein shall in no way be the obligation or responsibility of the City. XX The provisions of M. S. 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this agreement as though fully set forth herein. Agreement No. PW 01-17-93 IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF PLYMOUTH Seal) By: Mayor Date: And: Manager Date: COUNTY OF HENNEPIN ATTEST: By: By: Clerk of the County Board Chairman of its County Board Date: Date: And: Upon -roper execution, this agreement Associate County Administrator will be legally vali nd i ding. and County Engineer By: Date: Assistant County Attor Date • APPROVED AS TO EXECUTION: BY: Assistant County Attorney Date: RECOMMENDED FOR APPROVAL By: Director, Department of Public Works Date: 8 - MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: February 23, 1993 for City Council Meeting March 1, 1993 TO: Dwight D. Johnson, City Manager FROM: Dale E. Hahn, Finance Director*-,"" 5• a SUBJECT: ESTABLISH INDIVIDUAL FUNDS FOR THE VARIOUS RESERVES WITHIN THE PERMANENT IMPROVEMENT REVOLVING FUND (PIR) ACTION REQUESTED: Adopt the attached resolution establishing individual funds for the various reserves within the PIR Fund. BACKGROUND: In 1988, the PIR Fund was established with three individual reserve accounts: the Permanent Improvement Reserve, the Infrastructure Reserve and the Storm Sewer Improvement Tax District Reserve. The Permanent Improvement Reserve was established for the receipt of all maturing special assessment debt service fund balances. These monies were to be used for City public improvements and to provide assistance for the street reconstruction program until the levy was adequate or other financing sources became available. The Infrastructure Reserve Account was established to provide funding for the City share (70X) of the annual street reconstruction costs. The Storm Sewer Improvement Tax District Reserves were to be used to provide funding for the various storm sewer construction and storm drainage improvements. In October of 1992, two million dollars was transferred into the Infrastructure Reserve Fund to assist with the funding for the City's share of future street reconstruction projects. As a result, this is projected to keep the fund solvent for a number of years. In future years, the Infrastructure Fund may need additional funding or transfers to cover all of the costs. However, good accounting practices would suggest that the reserves be separated into individual funds, and any future financing. needs could be handled through transfers or inter -fund loans. ALTERNATIVES: The PIR Fund could continue to function as it has in the past. However, this makes the accounting process more difficult and cumbersome. In addition, with the proposed storm sewer utility in 1993, I believe it would be best accounted for in a separate fund with the Storm Sewer Tax District Reserves. I also believe the Street Reconstruction Funds should be separated from the PIR Fund to provide individual fund status reports and ongoing revenue and expenditure projections. Dwight D. Johnson February 23, 1993 Page Two DISCUSSION: The establishment of these individual funds would provide better controls and more thorough analysis for staff and City Council decision making. With the implementation of the City Charter in 1993, it appears that the deferred special assessments from prior matured Debt Service Funds will need to be transferred to the new Community Improvement Fund from the PIR Fund. This segregation of the individual funds would also provide more detail tracks for auditing and accounting purposes, and for verification that transfers were properly made. After the March 1, 1993 Debt Services payments are made, the 1982 improvement bonds will be paid off. I expect to transfer the remaining fund balance of approximately $440,000 to the Community Improvement Fund at that time. RECOMMENDATION: I recommend that the City Council adopt the attached resolution that would separate the three individual reserve accounts currently within the PIR Fund into three separate funds, specifically: PIR Fund, Infrastructure Reserve Fund, and Storm Sewer Improvement Tax District Fund. This will allow for improved accounting and monitoring capabilities. CITY OF PLYMOUTH RESOLUTION NO.93- ESTABLISHING INDIVIDUAL FUNDS FOR THE VARIOUS RESERVES WITHIN THE PERMANENT IMPROVEMENT REVOLVING FUND WHEREAS, the Permanent Improvement Revolving Fund (PIR) has individual reserves within the fund: the Permanent Improvement Reserve, the Infrastructure Reserve and the Storm Sewer Improvement Tax District Reserve, and WHEREAS, these individual reserves no longer have direct relation to other reserves within the fund, and WHEREAS, the accounting and financial reporting would be improved if these reserves were established as individual funds. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the Finance Director is hereby directed to establish individual funds for each of the individual reserves within the PIR Fund. Adopted by the City Council on March 1, 1993 r Agenda Number: s- */ CITY OF PLYMOUTH CITY COUNCIL AGENDA REPORT DATE: February 24, 1993 For City Council Meeting of March 1, 1993 TO: Dwight Johnson, City Manager FROM: Paul Buck, City Forester through Eric Blank, Director of Parks and Recreation SUBJECT: 1993 TREE AND STUMP REMOVAL BID FOR COUNCIL MEETING OF MARCH 1, 1993 ACTION REQUESTED: The attached resolution awards the 1993 Tree & Stump Removal Bid to Coolen Bros. Tree Service in the amount of 25,602.60. BACKGROUND: As in the past, the City Forester is responsible for the marking and subsequent removal of diseased and hazard trees, plus on some occasions site clearing for new parklands. All of these tree removals occur on City of Plymouth property. Of the $52,800 earmarked for contractual removal, (Line Item #101-125-810.25) typically half of these monies are used for this service. The remainder is used for other projects such as tree hauling, forced cuts and burn pit maintenance etc. RECOMMENDATIONS AND CONCLUSIONS: Coolen Bros. Tree Service has worked for the City of Plymouth a total of 11 years and in that time they have performed in a satisfactory manner. They have also worked for the City of Buffalo and Wright County for 25 years. This year's bid price was over $2,000 more than the past year, but over half of the increase was due to sales tax, so the bid was very comparable to last years. We are definitely receiving a good price. Therefore, I recommend the City award the 1993 Tree and Stump Removal Contract to Coolen Bros. Tree Service in the amount of $25,602.60. Eric J. Blank, Director of Parks & Recreation PB:sm attachment 0 CITY OF PLYMOUTH RESOLUTION NO. 93 - AWARDING BID FOR THE 1993 TREE & STUMP REMOVAL WHEREAS, the Forestry Department will act on the 1993 Tree and Stump Removal from City owned lands; and WHEREAS, in accordance with City ordinances, bid specifications were prepared and distributed to nine bidders and bid proposals received and opened February 24, 1993; and WHEREAS, the following bids were received: BIDDERS AMOUNT Coolen Bros. Tree Service 25,602.60 The Tree -Stump Co. No Bid Arps Tree Service No Bid Golden Leaf Tree No Bid Palmer Tree Service No Bid Woodsman Tree Service No Bid Preferred Tree Service No Bid Fries/Trees, Inc. No Bid Up & Above Tree Experts No Bid WHEREAS, the bid is in conformance with the City specifications for tree and stump removal and is therefore declared the lowest responsible bidder; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: that it should and hereby does accept the proposal in the amount of $25,602.60. Further, that funds for this proposal are authorized from account #101-125-810.25-001-000. Adopted by the City Council on March 1, 1993 DATE OF OPENING FEB. 24, 1993 TIME OF OPENING 9:00 A.M. 1993 BID QUOTATION TREE & STUMP REMOVAL CONTRACT NAME OF BIDDING I CONTRACT PERSON I BID BOND AMT. I AMT. OF BID (LIST 1. COOLEN BROS. TREE JOE COOLEN BID BOND $25,602.60 15050 93RD AVE. N. 420-4201 5% MAPLE GROVE, MN. 55369 2. THE TREE -STUMP CO. BOB HUTCHESON NO BID 13677 DAN PATCH DR. 447-6187 SAVAGE, MN. 55378 3. ARPS TREE SERVICE GARY ARP NO BID 17845 HANSON BLVD. 434-4630 ANOKA, MN. 55304 4. GOLDEN LEAF TREE STEVE SANDS NO BID 1408 SUMTER AVE. N. 546-5837 INDEPENDENCE. MN. 55359 5. PALMER TREE SERVICE DAVID PALMER NO BID 2100 301 AVE. N.W. 444-4641 ISANTI. MN. 55040 6. WOODSMAN TREE SERVICE TIM GONYER NO BID 1440 HILL ST. 1 (612) 263-8139 HAMEL, MN. 55340 7. PREFERRED TREE SERVICE ROGER KNOLL NO BID 3454 RUM RIVER RD. 427-4136 ANOKA, MN. 55303 8. FRIES/TREES, INC. STEVE FRIES NO BID 3338 REGENT AVE. N. 588-0246 GOLDEN VALLEY, MN. 55422 DATE OF OPENING FEB. 24, 1993 TIME OF OPENING 9:00 A.M. 1993 BID QUOTATION - PAGE TWO TREE & STUMP REMOVAL CONTRACT NAME OF BIDDING CONTRACT PERSON I BID BOND AMT. I AMT. OF BID (LIST 9. UP & ABOVE TREE EXPERTS SHAWN REITZ NO BID 15240 9TH AVE./ 473-2134 PLYMOUTH, MN. 55447 Agenda Number: CITY OF PLYMOUTH s. #• CITY COUNCIL AGENDA REPORT DATE: February 24, 1993 For City Council Meeting of March 1, 1993 TO: Dwight Johnson, City Manager FROM: Paul Buck, Forester through Eric Blank, Director of Parks & Recreation SUBJECT: 1993 SPRING REFORESTATION ACTION REQUESTED: The attached resolution awards the 1993 Spring Reforestation bid to Greenworks, Inc. in the amount of $22,150.94. Of the total dollar figure, 20,643.96 will come out of Line Item 101-125-810.26 and the remaining $1,506.98 will code from the 5400 Northwest Blvd. Project. BACKGROUND: As in past years, the City Forester is responsible for planting of trees on publicly owned lands. In 1993 the sites will be: A. Northwest Blvd. Trail 10 Trees B. 5400 N. W. Blvd. Project 12 Trees C. Zachary Park 2nd Phase 37 Trees D. Turtle Lake Park 37 Trees E. Bass Lake Playfield 62 Trees Total 158 Trees Letters A, C -E above will be paid for out of Forestry line item 101-125-810.26 budgeted at $27,500. Letter B was a requested item by the Engineering Department which will be paid for out of Engineering Line Item 421-421-830-106. RECOMMENDATIONS AND CONCLUSIONS: Greenworks, Inc. performed the 1990 and 1991 reforestation contracts. Their nursery stock and service after installation were satisfactory. For these reasons I feel confident in the planting projects assigned them in 1993. Eric J. Blank, Director of Parks & Recreation PB:sm attachment cc: Mark Peterson, Park Maintainence Supervisor CITY OF PLYMOUTH RESOLUTION NO. 93 - AWARDING OF BID FOR 1993 REFORESTATION PROPOSAL WHEREAS, the Forestry Division is responsible for the 1993 Reforestation Program to be carried out on City owned lands; and WHEREAS, in accordance with City bid specifications that were prepared and distributed, and bid proposals received and opened on February 24, 1993; and WHEREAS, the following bids were received: BIDDER TOTAL BID Midwest Landscaping No Bid Margalis Bros. 25,911.45 Wilson Nursery 29,105.39 Danny Tree No Bid Treemendous, Inc. No Bid Midland Nursery 27,037.16 Ideal Landscape No Bid Friedges Landscaping Invalid Bid North Metro Landscaping 24,979.58 Greenworks 22,150.94 AND WHEREAS, the bid of Greenworks, Inc. is in conformance with City specifications for plant materials, Greenworks, Inc. is therefore declared lowest responsible bidder. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: that it should and hereby does accept the proposal of Greenworks, Inc. in the amount of $22,150.94. Further, that funds in the amount of $20,643.96 are authorized from account no. 101-125-810.26-000-000, and $1,506.98 are authorized from 421-421-830-106. Adopted by the City Council on March 1, 1993. DATE OF OPENING FEB. 24, 1993 TIME OF OPENING 10:00 A.M. 1993 BID QUOTATION REFORESTATION NAME OF BIDDING I CONTRACT PERSON I BID BOND AMT. I AMT. OF BID (LIST 1. MIDWEST LANDSCAPING ROY ANDERSON NO BID 15050 93RD AVE. N. 420-4201 MAPLE GROVE, MN. 55369 2. MARGALIS BROTHERS BOB HUTCHESON BID BOND $24,330 + TAX 1171 W. LARPENTEUR 488-8178 5% ROSEVILLE, MN. 55113 3. WILSON NURSERY (R&S) MIKE NUGENT BID BOND $27,329 + TAX 9150 GREAT PLAINS BLVD 445-3630 5% CHANHASSEN, MN. 55317 4. DANNY TREE CO. DANNY NADEAU NO BID 6615 HWY. 12 479-6187 INDEPENDENCE, MN. 55359 5. TREEMENDOUS, INC. DARYL SCHERNOORN NO BID 10515 TROY LN. 420-3863 MAPLE GROVE MN. 55311 6. MIDLAND LANDSCAPE JEFF MCCAB BID BOND $25,387 + TAX 2425 HWY. 55. 478-6122 5`6 HAMEL, MN. 55340 7. IDEAL LANDSCAPE JOHN BAUMAN 5836 CO. RD. 6 479-4038 MAPLE PLAIN, MN. 55359 8. FRIEDGES LANDSCAPING GARY JAHNKE 9380 W. 202ND ST. 469-2996 LAKEVILLE, MN. 55044 NO BID BID BOND $27,800 + TAX 5% INVALID BID 1 DATE OF OPENING FEB. 24, 1993 TIME OF OPENING 10:00 A.M. 1993 BID QUOTATION - PAGE TWO REFORESTATION NAME OF BIDDING CONTRACT PERSON I BID BOND AMT. AMT. OF BID (LIST 9. NORTH METRO LANDSCAPING BID BOND $23,455 + TAX 11050 LAMONT AVE. 5% P. 0. BOX 9 HANOVER, MN. 55341-0009 CASHIERS CHECK $20,799 + TAX 10. GREENWORKS TOM GRYGELKO $1,050 8940 GREENFIELD RD. 498-7696 LORETTO, MN. 55357 Agenda Number: / —A TO: Dwight Johnson, City Manager FROM: Milt Dale, Housing Specialist through Char es rud, Community Development Director SUBJECT: Head Start Funding Request of the City of Plymouth DATE: February 24, 1993 1. ACTION REQUESTED: Adopt the attached resolutions that provide fora $25,000 contribution to the Head Start Center in the old Brooklyn Park City Hall; and, establishing a Preschool Education Task Force. Both actions are consistent with the recommendations of the City Council appointed subcommittee on Head Start. (Councilmember Tierney, HRA Commission Warhol, and Housing Specialist Dale) 2. BACKGROUND: Last fall a task force representing several Northwest Hennepin County communities was seeking support for the development of a Head Start facility in Brooklyn Park. The location of the facility would be at the old Brooklyn Park Town Hall. Ten northwest suburban communities were asked if they would be willing to contribute a portion of their Community Development Block Grant (CDBG) 1993 funding to help make renovations on the building for this use. Total funding requested from the ten communities would be $278,000. Plymouth's contribution" was determined by Northwest Hennepin Human Services Council (NWHHSC) to be somewhat over $40,000. Last month the Plymouth City Council appointed Councilmember Joy Tierney and HRA Commissioner Brian Warhol to serve on a subcommittee along with myself to investigate further the advantages/disadvantages of contributing to Head Start. This subcommittee met twice and the minutes of their meetings are attached. The Plymouth HRA has also reviewed the funding request several times; and, at its meeting February 16, recommended the 1993 CDBG allocation including $25,000 for this purpose. This will be nine percent of the total capital cost of the remodeling project. Recent data indicates that Plymouth children represent about six percent of the Head Start current volume. We have been informally assured that Plymouth will be included in the Head Start program in Brooklyn Park at the reduced contribution now proposed ($25,000) with participation level pro -rated accordingly. 3. DISCUSSION: Subcommittee members were very positive toward the Head Start concept and its plans to locate in a suburban community. However, their greatest concern was that the Brooklyn Park facility may be too far from Plymouth to allow Plymouth residents convenient access to the building. Based on conversations with Phil Cohen, Head Start task force member for the Northwest Hennepin Communities, correspondence from the Mayor of Brooklyn Park, and staff persons involved in Parents In Community Action (PICA), the Head Start Program will not need operating costs from the Northwest Hennepin communities. Currently, 80 percent of the operating costs from Head Start come from the federal government, with the remainder coming from local groups and/or nonprofit agencies. However, I might add that investigating this topic of operating costs more closely, I found that the City of Minneapolis does provide operating funds from its general budget to assist in paying some Head Start operating costs. It would be difficult to be fully assured that Head Start, or any agency, would not come back at a future date requesting operating costs. The subcommittee also recommends the City Council create a task force on Preschool Education to continue the review of the subject and to develop alternatives for long term activity in this area by the City. 4. RECONEVIENDATION: Staff concurs with the recommendation of the subcommittee that the City provide a one-time contribution from Community Development Block Grant (CDBG) Program funding to be used to assist renovation at the Brooklyn Park Old Town Hall for a Head Start facility. This contribution amount would be $25,000, based primarily on a formula that considers the percentage of Plymouth children estimated to be eligible for enrollment in the Head Start Program in Brooklyn Park. Further, we recommend that Head Start provide guarantees that the percentage of Plymouth residents served would equal the City's percentage contribution to this facility. Finally, we recommend the Council create a task force to continue to focus on and make recommendations regarding Preschool Education in Plymouth. Attachments: 1. Resolution Authorizing Head Start Capital Contribution 2. Resolution Establishing Preschool Education Task Force 3. Subcommittee Minutes 4. Brooklyn Park Mayor's Letter of 11-30-92 5. Transition Advisor's Memo of 9-25-92 cdbg) I CITY OF PLYMOUTH RESOLUTION 93 - AUTHORIZING A CONTRIBUTION TO THE CAPITAL COSTS OF A MULTI COMMUNITY HEAD START FACILITY. WHEREAS, the Mayor of Brooklyn Park has requested consideration by ten communities, including the City of Plymouth, for contribution of capital funds to assist in refurbishing the former Brooklyn Park Town Hall as a Head Start center serving those communities; and, WHEREAS, a special subcommittee of the City Council has reviewed the proposal and has offered its recommendation that the City support the proposal with certain modifications and conditions; and, WHEREAS, it has been determined that the activity proposed at this time is eligible for Community Development Block Grant funding. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does authorize and direct contingent participation in the operation Head Start project for the refurbishing of the old Brooklyn Park Town Hall subject to the following contingencies and conditions: 1. Financial participation must be based on a formula applied to the participating cities that relates the amount of capital contribution to the eligible potential children to be served, but in no case more than $25,000. 2. The provision of capital funding is contingent on receipt from the appropriate authorities responsible for Operation Head Start at this facility that classroom space within the Head Start facility will be available to eligible Plymouth children in a proportion equal to the proportion of capital funding provided by Plymouth by this action. 3. Funding authorized by this resolution shall be provided only from Community Development Block Grant funds as such funds are available and this type of expenditure is, and continues to be an eligible CDBG expenditure as defined by the Department of Housing and Urban Development. Adopted by the City Council on March 1, 1993. I CITY OF PLYMOUTH RESOLUTION 93 - RESOLUTION APPOINTING A TASK FORCE ON PRESCHOOL EDUCATION. WHEREAS, a subcommittee of the City Council recently reviewed the concept of Preschool Education responsive to a request for capital funding for a Head Start facility to be located in the City of Brooklyn Park; and, WHEREAS, one of the recommendations of the subcommittee is that a permanent task force be appointed by the City Council to continue the study of Preschool Education to include future alternatives available for the children of Plymouth for a more local focus for such activities; and, WHEREAS, the City Council finds that provision of preschool opportunities for the children of Plymouth is in the public interest. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does establish a permanent task force on Preschool Education to be comprised of seven members to be appointed by the City Council consistent with City Policy regarding appointments to boards and commissions. FURTHER, that the task force be authorized and directed to review the concept of Preschool Education as it applies to Plymouth children to provide recommendations to the City Council from time -to -time regarding appropriate City policies and strategy in this regard. Adopted by the City Council on March 1, 1993. ccreport: res) MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: January 22, 1993 TO: Chuck Dillerud, Community Development Director FROM: Milt Dale, Housing Specialist SUBJECT: MINUTES OF HEAD START SUBCOMMITTEE MEETING OF JANUARY 22, 1993 On January 22, 1993 a meeting was held at Plymouth City Hall involving Joy Tierney, Councilmember; Brian Warhol, Plymouth HRA Commissioner; Marcy Shapiro, Executive Director of West Hennepin Human Services Council and myself. Discussion centered on the options the City of Plymouth has as to a Head Start Program most beneficial to the City of Plymouth. One option considered was the support of funding for a Head Start facility in Brooklyn Park at the old Town Hall site. Second option was to work with a group of communities in proximity to Plymouth who may want to start a Head Start program closer to their communities. The third option was initiation of a "home-based" program where a Head Start teacher would visit home sites. The fourth alternative would be to develop a similar program to Head Start, with the same emphasis on helping low income families and their children to prepare for grades K-12. Marcy Shaprio gave a history of the Head Start program for the Hennepin County and Wright County areas. She said it started as an anti -poverty program with a community action agency, i.e. in the case of Hennepin County this being Parents In Community Action (PICA) as the federally designated agency for Head Start. In 1989 a task force was developed to encourage more Head Start programing in the suburban communities. Up to that time, most of the Head Start activity was directed towards children residing in Minneapolis. Sometime in 1991, the state legislature passed legislation requiring that one- third of state funding operating dollars go to Head Start programs for suburban children in Hennepin County. Discussion also centered on whether PICA is too strongly orientated toward facility based classrooms for the program. It seems that the Wright County Community Action agency is basically a home-based operation. However, Plymouth falls outside the jurisdiction of Wright County and must, if wanting to be involved with Head Start, allow PICA to initiate the programs in Plymouth. It is evident that PICA wants to concentrate on the development of the Brooklyn Park Town Hall facility before considering needs in the Plymouth area. Concern was expressed regarding the number of children that are served from Plymouth both now and in the near future should Plymouth provide a contribution to help pay for costs in rehabilitating the Brooklyn Park Town Hall facility. It was decided that Phil Cohen from Brooklyn Park be invited to a subcommittee meeting along with Amy McClurg, the "Success by 6" coordinator. Consideration was also given to talking with representatives of the communities near Plymouth such as Minnetonka, Hopkins, St. Louis Park, Deephaven, Golden Valley, New Hope, Eden Prairie and Wayzata. It was also decided that a letter be addressed to Alyce Dillon of PICA to inquire if a "home-based" program would be possible in Plymouth and if PICA would provide us with the number of Plymouth children that are enrolled and/or on the waiting list for Head Start now. hra/md/head:dh) MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: January 27, 1993 TO: Chuck Dillerud, Community Development Director FROM: Milt Dale, Housing Specialist SUBJECT: MINUTES OF HEAD START SUBCOMMITTEE MEETING OF JANUARY 27, 1993 On January 27, 1993 a meeting was held at Plymouth City Hall involving Joy Tierney, Councilmember; Brian Warhol, Plymouth HRA Commissioner; Amy McClurg, Success by 6" Coordinator; Phil Cohen, Advocate for Head Start facility in Brooklyn Park and myself. Phil Cohen, as the Advocate for several years for a Head Start facility in the northeast suburbs, outlined the history of his involvement. He stated this effort has been ongoing for approximately three or four years in their initial efforts with Parents In Community Action (PICA) were rebuffed. Eventually, however, a site selection committee was formed with PICA's blessing. PICA believed the old Brooklyn Park Town Hall site was the preferable one. Funding then became available from a number of sources such as bonding legislation through the state of Minnesota, other money from the federal government and a 50,000 grant from General Mills. The total costs for remodeling the facility to federal standards was somewhere around $800,000. Consequently, it was decided to go to ten communities for the $278,300 utilizing Community Development Block Grant (CDBG) monies. Phil indicated that PICA is considering three to five more facilities in the suburban northwest area eventually. They do however, want to concentrate on getting the Brooklyn Park facility ready for a September, 1993 opening. At this time, he believed about 189,000 was committed from the other ten communities. The possibility of a home based operation was discussed, but Phil indicated unlike Wright County PICA would not approve that type of operation. He also emphasized that PICA would likely not approve classrooms in rented or leased space such as in the Richfield situation again. Brian Warhol and myself stressed the value of leased or rented space versus the construction of a facility. We both believed too much capital dollars would go into a building which could be used to benefit children and their families. Joy Tierney suggested the possibility of looking at other Head Start type programs such as HIPPY and/or Purple Crayon in addition to learning readiness programs. Amy McClurg indicated that the Head Start Program is very comprehensive in that it deals with parent involvement, health and nutrition, social service linkage as well as the early childhood education. Phil Cohen believed there still was a lot of fragmentation of programs and a need to begin a more systematic organization of all programs in the field. He stated that as long as was involved he would work at seeing that Plymouth and other communities would be well served by Head Start. The subcommittee thanked Amy and Phil for attending the meeting and then discussed what the next steps might be. Joy stated that she would go to the City Council to have the subcommittee formerly approved by that body. I indicated that Brian had already been approved by the HRA at its last meeting. Subcommittee members agreed that the dollar amount requested. i.e. 40,000 was more than they believed would be appropriate. Instead, they suggested an amount of $25,000 to be a reasonable compromise. This is based on the funding allocation options established by staff earlier. They could recommend this amount to both the Plymouth Housing Authority and City Council. None of the subcommittee members wanted to discourage the development of a Head Start facility in Brooklyn Park, even though Plymouth residents would not find it a convenient facility. Further, committee members wanted some allocation plan as part of the contribution so they would get a percentage of the residents enrolled based on that contribution amount. Subcommittee members decided not to meet again until further notice. Joy Tierney inquired how we could know what the current enrollment figures were for the Head Start facility in Minneapolis by communities. Phil Cohen stated he would go to Alyce Dillon with Head Start to get that information for US. Joy Tierney wanted either the present subcommittee or a future subcommittee to look at the long range possibilities of Head Start or some sort of like program located in Plymouth. The subcommittee meeting work with adjoining communities such as Golden Valley, Minnetonka and St. Louis Park to consider various options. hra/md/cd.headstart) Office of the Mayor 5200 85th Ave. No., Brooklyn Park, MN 55443-4300 Phone 612 424-8000 Fax 612 493-8391 TDD 612 493-8392 November 30, 1992 JESSE VENTURA Mayor Dear Mayor and City Council Members: The City of Brooklyn Park is ready to enter into a formal agreement.. with PARENTS IN COMMUNITY ACTION (PICA) to establish a suburban Head Start facility in Brooklyn Park, and we respectfully request the financial support of the City of Plymouth. Head Start is a federal and state funded, pre-school program offered at no charge to eligible families. Head Start provides comprehensive services to enable children and their families to develop their full potential, including a developmentally appropriate educational program for children, and services to help parents meet the needs of the family. Other services include: Free physical and dental exams; Vision, hearing and developmental screening; Mental health services; Nutritionally balanced meals; Transportation; Advocacy and social services. Research shows that for every dollar invested in early childhood development programs like Head Start, society saves over $6 in future costs of remedial education, welfare payments, and court and prison expenses. Over the past 27 years, Head Start has worked to improve the lives of countless children. Because of these efforts, those children who have been served have been given a: 27% better chance of graduating from school; 17% better chance of enrolling in college; 20% decrease in arrests, and 14% better chance of staying off of welfare. Head Start supports the philosophy that parents are the primary educators of their children and seeks to involve and empower parents in all aspects of program design, operation and administration. The suburban Hennepin area has been working for over five years to bring Head Start programs closer to the suburban children who need them. In 1989, a suburban Head Start Access Task Force was formed by the three human service councils and Community Action for Suburban Hennepin (CASH) to find a way to improve the accessibility and availability of Head Start services for suburban children. R7 I— a,9 En Beni Although 197 children from the northwest suburbs are currently served in Head Start, over 1,588 are eligible for services, and no facility exists in the community to house the programming for our children. In 1991, 13 potential Head Start sites in northwest Hennepin were presented to PICA by the suburban Head Start site selection committee. After inspecting each site, PICA chose the old Brooklyn Park City Hall as the site that would most easily meet federal Head Start performance standards, state licensing requirements and all building codes --after renovations. The city of Brooklyn Park offered their facility as an early childhood resource center, with Head Start as its primary occupant. Other proposed programs are advocacy and family services, public health services, child care and school programs. This letter is a request for a one-time financial contribution m yo city to help cover the renovation costs that are estimated at $778,3 Potenti3 sources of v funding are $100,000 in federal funds, a maximum grant of $ 0Wfrom the state and about $200,000 to be raised from corporate foundations. This amounts to - 500,000 of the needed funds. The 10 cities served by PICA would be looked to for the remaining $278,300. A preliminary contribution formula was developed by area city managers and Northwest Hennepin Human Services that shows how the 10 communities might contribute to this fund. It is important to note that all operation costs are covered through PICA's federal and state Head Start dollars. This one-time investment to support the renovation costs to bring this suburban Head Start facility to Brooklyn Park will have a significant return in the dollars that are invested in our children. Although northwest Hennepin children are currently being served at the north and south Minneapolis sites, those locations have had their capital costs heavily funded by the City of Minneapolis. There is a waiting list of Minneapolis children that rightfully have a priority. We must act now to assure that northwest suburban children continue to be served --both now and in the future. Thank you for your concern in this matter. If you have any questions, please do not hesitate to contact me at 493-8010. 7rVenturaJe M of Brooklyn Park ncl.: Attachments (Listed by Title) i CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447 DATE: September 25, 1992 TO: Frank Boyles, Acting City Manager FROM: James G. Willis, Transition Advisor ,\ SUBJECT: PROPOSED HEAD START FACILITY) RELOCATED IN BROOKLYN PARK One of my transition advisory responsibilities is to provide you with a report on this proposed project including "benefits received by the City, financial obligations, and critiquing appropriateness of the proposed method for distributing costs." By way of background, you will recall that the Head Start Program began as a federally funded initiative to assist young children with learning readiness education prior to entering kindergarten. The program currently receives 80 percent of its operational funds from the federal government, with the balance, 20 percent, coming from local sources. I am informed that most often this local share is achieved through "soft match," generally through contributed facilities. In Hennepin County, the federally designated Head Start grantee for Hennepin County is Parents in Community Action, Inc. (PICA). PICA currently provides Head Start programming solely in Minneapolis, although some non -Minneapolis children participate in the program. The Minneapolis, W facilities are overtaxed, largely as a result of a large number of children eligible, as well as the fact that both the city and school district have made additional funds available to support program operating costs. This results in pressure being exerted to ensure that more of the spaces available and the facilities located in the city are, in fact, used by eligible Head Start children residing within the City. PICA has been seeking a second site in the northern suburban area for more than one year. This facility would enable the program to be expanded into the suburban community which would be more convenient for eligible Head Start children. G»a OCT 2 '92 J1-, ! PROPOSED HEAD START FACILITY RELOCATED IN BROOKLYN PARK September 25, 1992 Page 2 I PICA has indicated an interest in remodeling the former Brooklyn Park City Hall for a new Head Start facility. The City of Brooklyn Park has indicated a willingness to dedicate the facility for that purpose for a period of at least 40 years at no cost. The cost of remodeling are estimated at nearly $800,000. PICA is seeking funding for the project from ten cities in the northwest suburban area, as well as state and federal grants and private benefactors. The ten cities in the northwest area are being asked to consider collectively generating a sum of $300,000 for the project. (Exhibit A). An early and very preliminary formula that was developed contemplates Plymouth V contributing between $43,200 and $53,100 of the estimated $300,000 total. It is assumed that the local funding would come from Community Development Block Grant (CDBG) funds which are received by each of the ten cities either as a direct entitlement city such as Plymouth, or through Hennepin County. There is currently no proposal to use property tax dollars for this purpose. The use of CDBG funds appears to be appropriate given the fact that the Head Start Program targets persons eligible for such program expenditures. Assuming that CDBG funding is the means by which cities such as Plymouth would be asked to fund participation in the proposed project, it is apparent that each city would have to review its CDBG allocation to determine and prioritize the relative value of the Head Start Program against other community needs. In addition, the question of expending CDBG funds for capital facilities located outside the corporate limits, in support of a program benefiting eligible Plymouth children, needs to be explored. In Plymouth's case, this should be reviewed by the Community Development staff and Housing and Redevelopment Authority (HRA) prior to being formally submitted to the City Council. Phil Cohen of Brooklyn Center is to call a meeting within the next couple of weeks to meet with each of the 10 cities to further discuss how local funding should be allocated. This issue will be of critical importance as the proposed facility in Brooklyn Park would have a program capacity of about 160. Currently there are a 197 children either enrolled or on waiting lists for the Head Start program living in the 10 cities. PICA estimates that there may be 1,500 eligible youth within the 10 cities (Exhibit B). It is clear that as operating funds become available, additional facilities will be needed. It is imperative therefore that any initial funding mechanism be designed with the thought in mind that the program will likely be expanded in the future and that an equitable means of financing such future requirement needs to be put in place now which will ensure that as the program expands, each city is treated equitably. CIM OCT 2 '92 PROPOSED HEAD START FACILITY RELOCATED IN BROOKLYN PARK September 25, 1992 Page 3 Of obvious importance is the policy question of whether or not the City Council and HRA believes that there is a need for the expansion of a Head Start program in the suburban Hennepin County area, particularly targeting eligible children in Plymouth. I do not doubt that there is basic agreement that programs such as Head Start do serve a social need and can provide a positive means by which young children can get the early stimulation which is critical to their future development. However, the cost of gating the program will remain key to whether or not that type of objective can be achieved. So long as the operational funding is derived from the federal government, and the local match being met through contributed assets or perhaps Hennepin County, this should not pose a problem for local units. The longer term might suggest, however, the desire on the part of some to have local units begin to participate in the operating costs of the program. The policy implications of that, of course, are obvious to city councils. It is my view that so long as an equitable capital funding formula can be derived which utilizes CDBG funding, Plymouth would be well served to participate in the proposed program. The City will have to keep in mind, however, that the initial funding mechanism must anticipate the future need to expand the program and therefore its capital facilities. The funding mechanism therefore should be tailored to ensure that the 10 cities recognize that the initial building project will not be the last. CIM OCT 2 W DATE: February 24, 1993 TO: Dwight Johnson, City Manager FROM: Craig Gerdes, Director of Public Safety SUBJECT: Plymouth Firefighters Relief Association I have quickly reviewed with Fire Chief Kline the request of the Relief Association. We are in favor of the legislation which would allow the City of Plymouth to increase benefits, if funds are available. Once the legislation is in place it would be necessary to evaluate the funds based on current figures 65 firefighters and also future growth of the membership. The financial issues would need review by Dale Hahn. Rick and I have other minor concerns, however they do not hinder our support of the legislation itself. Mr. Dwight Johnson sum pension February 23,1993 year of service. With 3400 Piymouth Bivd. approvai,Representative Warren Limmer wouid introduce a Biii See attachment Piymouth,Mn.55447 the $3,000 Lump sum maximum.This wouid aiiow the P.F.R.A. to increase the Dear Dwight: The Piymouth Firefighters Reiief Association pension has been at $3'080 per year of service for Lump sum distribution & 24.00 a month per year of service for monthiy pension, since Feb. 1990. The maximum state guideiine for Lump sum pen- sions in a defined benefit pian is $3,000 per year of service 30.00 a month per year of service for monthiy pensions See attachment Oi). The audited financiai report for 1992 refiects a Speciai Fund baiance in the amount of i'724,268.84,(See attachment 02) making the pension ii5% funded. The 1991 actuariai vaivation states in Exhibit E, Contribution Anaiysis & Exhi- bit E-i(See attachment 03)' that the $24.08 monthiy benefit is equivaient to a Lump sum pension of $4,080 per year of service. With City Councii approvai,Representative Warren Limmer wouid introduce a Biii See attachment 04) eiiminating the $3,000 Lump sum maximum.This wouid aiiow the P.F.R.A. to increase the Lump sum pension' and maximize the benefit to the members. The other option we looked at was converting from a defined benefit pian'to a defined contribution pian (See attachment 05 & 06).At this time we prefer eiim- inatinq the $3,000 Limit on Lump sum pensions for defined benefit pians. Your heip with this issue wouid be very much appreciated. President,P.F.R.A. Subd. 4. EXCLUSION OF y PERSONS CONSTITUTING AN UNWARRANTED HEALTH RISK. The applicants who, due to some ma predictable andaunwarrantedl board of trustees of every relief association may exclude from membership in the relief association all PP e earlier than the or mental iosangliabilitynforlan'ancillarynbenefit atanage g any risk of imp pp N d defense to minimum age Specified 3forO2eCsubdivisione5,slit pens lobe a goodtandavali provision of s licant suffers fromacomplaintoractionbroughtunderderchapter. tionathatetheafapp thed of relief ustees o the relief association made.a g consideration of: (a) the an impairment or condition constituting an unwarranted risk a physical association if the deter; andi b)wt emreportde lofwthe physician completing P.Y person's medical history; examination of the applicant completed at the expense of the relief association. 424A.02. VOLUNTEER FIREFIGHTERS; SERVICE PENSIONS. when its articles of ay out of the assets of its special fund aSubdivision1. AUTHORIZATION. A relief association, incorporation or bylaws so provide, may p se arates from active service witharsof service pension to each of its members who: (1) pp least the fire department; (2) reacemberage of50the(municripaltfire tdepartment eofeai active the active service as an active m 4) completes at least i years relief association is associated; service, and membership thatfromactiveserviceiand membership with the relief assocional conditlation ionsrasstoaa5e, s The servicemembpenseLonrship be 5) complies with anyareprescribedbythe bylaws of the relief association. aid whether or not the municipality or nonprofit firefighting corunder chapter poration to w is Phe relief association imberassoc whoahas ted completed ualifies atrleast five tlh' eaire state aeliefs of aassociation 69. In the case of a me h service as an active member of the fire department on which is associated on the date tthe rethat thelmemberef ocompletelatt le st fiverom yeaiveoservice incorporated , the requir active membership with the relief association before sep member may be waived by the boardofof inactive membership withe relief cthe relief associationociation completes at least five ye the peri before the pa ent of the service pension. During p is be tie member not entitled to re celcreditve atowardsbcomputationro ea not entitPed to receive Y service pension, and is c deresubdivision the status of nam eraelegateon tpowerled oto deferred service pension corporatio benefit amount or levelNomunicipalityornonprofitfirefighting take final action in setting a service pension or ancillary rove in advance a to the board of trustees ofythe relief association or to appamo ld allow rather than a specific dollar ion 4t may 1pay laservicepensiontrancilWaou benefit amount or level egua1 to the maximum or le or subdivi level that this chapterNoreliefassociation as defined in section 424A.00 , Service pension or di.sabilitytedbenefrom afit tiveoservimcemwith thehfireodepartms of ent isto ciation if that person has not separa associated. For th p P which the relief association is directly perform fire chapter,."to separate from active ser vice means to ceasssionduties. suppression duties and to cease to supervise fire Supp Subd. 2. . If the articles of NONFORFEITABLE PeliefNassociation so provide, PENSION a relied ef association incorporation or bylaws of a r than 20 may pay ension may be paid when the retiring memberaareducedservicetoaretiringmemberwhoascom 1. years of service. The reduced.service.p pension may not exceed the wears oflservice asmeetstheminimumageandservicerequirementsofsubdivision The amount of reduced ensioncappropriate for the completed Y e of pension. multiplyin5 the service p, applicable nonforfeitable percentagspecifiedInthebylawstimestheapp, The nonforfeitable percentage of pension amounts are as follows: Completed Years Nonforfeitable Completed Years Nonforfeitable Percentage of of Service of Service pension Amount 5 40 44 percent percent 13 156 7 8 48 52 percent percent 16 17 9 56 60 percent percent 18 19 12 12 64 68 percent percent 20 35 1 and thereafter PercentageAmof Pension ount 72 percent 76 percent. 80 percent 84 percent 88 percent 92 percent 96 percent 100 percent On or before August 1 of each Subd. 3. FLEXIBLE SERVICE PENSION MAXIMUMS. or 69.773, subdivision 4, ear as art of the certifia°totsection69a772equthemrelief ts associationlt - Y part obligation made pursuantorsome other official of subdivision 5, the secretary e amount °f ality the average fy o designated_in the bylaws of elicablereliefualifiedamunicipallecmostlrecentdthree-year the governing body of the app available financing per active covere fireshalleincludehany amounts of fire state period. The amount of available financing amounts of municipal aid received or receivable by the relief association al?Y xclusive of fire state aid, eliefeassoctiatiassociation contributions to the relief ces° elation raised from evie henrreal estate or the other available revenue sour 69.773, subdivisions 2 and amount of assets in excess of the accrued liabilities ° ension which the relief if any. he maximum service pcalculatedppursuanttosections69.772 subdivia1Oent'to a member retiring after 4; or 69.774, subdivision .., association may provide for in its bylaws for P applicable following table. aents ed be determined using the appthecalculation date when the minimum age and servlplicabprovldeffollowingaemonthly ln subdivision 1•are met shall the average amount of ave+ilable financingForarelief association where the governingbylaws service pension to a retiring member, i 1} thepensionamountPermonthforeachyearofservice below, er active covered fire not exceed the mLnimumtheeraeatereoff1P thenthe maximum monthly serve P credited which may be provided for in the byllawssonlthe edate of calculation or amount 0 service pens prensdon figure corrthe espondngto the average the maximum service pavailabler4nncingperactive covered firefighter: MINIMUM AVERAGE ABLEON AVAIL- ABLE FINANCINGING PER FIREFIG11TFR 37 75 119 149 186 224 261 298 373 447 522 597 671 746 820 895 969 For a relief service firefighter does maximum•lump sum be provided for amount provided maximum service financing per ac PENSION AMOUNT AXIMUM E FORAEACHPER YEAR OF SERVICE 25 50 1.00 1.50 2.00 2.50 3.00 3.50 4.00 4.50 5.00 5.50 7.00 8.00 9.00 10.00 11.00 12.00 MINIMUM AVERAGE ABBLENT OF FINANC AVAIL- ABLEA PER FIREFIGHTER 1044 9 1193 1268 1342 1417 1491 1566 1640 1678 1715 1790 1865 2015 2090 2165 2240 or more MAXIMUM SERVICE PENSION AMOUNT PAYABLE TH FOR EACH EYEARNOF SERVICE 14.00 15.50 16.00 17.00 18.00 19.00 20.00 21.00 22.00 22.50 23.00 24.00 25.00 26.00 27.00 28.00 29.00 30.00 13.00 association in which the governing bylaws provide for a lump sum a retiring member, if the average financing er act1vthPnvthed ot exceed the minimum average amount specifie below, the service ension SE pension minim forgeach year ofl ervice creditped which may in the bylaws shall or !2) the y ding to the average amount of availableforinthebylawsonthedateofthecalculation; ac coveredrfirefighter: Lip SUM MINIMUM AVERAGE AMOUNT OF AVAIL- ABLE FINANCING PER FIREFIGHTER 10 14 20 24 28 38 MAXIMUM LUMP SUM SERVICE PENSION EACHYEAR ABOFLSERVR 20 30 40 50 60 80 MINIMUM AVERAGE AMOUNT OF AVAIL- ABLE FINANCING PER FIREFIGHTER 48 58 68 86 96 116 36 MAXIMUM SERVICE PENSION AMOUNT PAYABLE FOR EACH YEAR OF SERVICE 100 100 40 180 200 240 rSs For a relief association in which the governing bylaws provide for a monthly benefit service pension as an alternative form of service themaximumservient oea lump sum service pension at the option of the retirinI membicabler, the contained in thispensionamountshallbedeterminedusingtheapp subdivision. Subd. 4. DEFINED CONTRIBUTION LUMP SUM SERVICE PENSIONS. If the bylaws governing the relief association so provide exclusively the relief association may pay a defined :ontribution lump sum service pension in lieu of any defined benefit service pension governed by subdivision 2. An individual account for each firefighter who is a member of the relief association shall be established. To each individual member account shall be credited a right to an equal share of: (a) any amounts of fire state aid received by the relief association; (b) any amounts of municipal contributions to the relief association raised from levies on real estate orfromualhto thelshare ofvtheeassetseofetheuspecial fund toof fireate theacreditdof: any amounts q 1) any former member who terminated active service with the fire department e which the relief association is associated prior to meeting the minimum servicerequirementprovidedforinsubdivision1andhasnotreturnedtoactiveservice with the fire department for a period no shorter than five yyears or ('?) any in the retired member who retired rindprior tomembernaccountupursuant rtolsubdivision interest 2and any amounts cred-ited to theapplicableprovisionof the bylaws of the relief association. In additionil any interest or investtion tocthe sharedofntheeassetssofftheespeciallfu dfundtohthe credit credited in propor of each individual member account. At the time of retirement ppursuant o subdivision 1 ;,nci any appemberlshal1 belon of entitledeto thatsof portion oftheassets of association, a retiring midual the the special t fund to the credit tsof the esmember in any apd v ble provision`ofnthe hic is non pp bylaws of the relief association based on the number of years of service to the credit of the retiring member. Subd. 5. SF:NVICF CREDIT MAXIMUM. No relief association for which the governing bylaws provide a monthly service pension to a retiring member shallcreditanymemberwithserviceinexcessrece0veeacreditofor serviceoinaexcessfof association who, as of July 1, 30 years, the limitalies to the any additionaloyearstofrservi eer:creditt p rafterdTulY 1, this subdivision app IL 1979. Subd. 6. PAYMENT OF SERVICE PENSIONbe aS* NONASSIGNABILITY. The method of calculating serV itecealllbesgivenlfor all yearsied nofoactiveoservicr all eeaexceptrs of aasl e service and crefi• person otherwise provided in this section. No service pension shall be paid to any while the person remains an active member of the respective fire department, and no person who is receiving a service pension shall be entitled to receive any otherbenefitsfromthespecialfundofthereliefassociation. No service pension or ancillary benefits paid or payable from the special fund of a relief association toanypersonreceivingorentitledtoreceiveaservicepensionorancillarybenefits shall be subject to garnishment udggmment, execution or other legal process, except as provided in section 518.58 61A.581, or 518.611. No person entitled to a service pension or ancillary benefits from the special fund of a relief association may assign any service pension or ancillary benefit payments, nor overlanyesum association have the authority to recognize any assignment or pay which has been assigned. 37 280 624 1300 154 360 720 1500 400 866 00 192 212 440 1700 1800 2 30 250 480 520 962 1900 2000 268 288 600 1008 2'1'00 640 56 1104 240032672010152 1200 2600 3346 64 384 760 800 1248 2700 480 900 1296 1344 2800 1000 528 1100 1200 1392 1440 or more 2900 3000 576 For a relief association in which the governing bylaws provide for a monthly benefit service pension as an alternative form of service themaximumservient oea lump sum service pension at the option of the retirinI membicabler, the contained in thispensionamountshallbedeterminedusingtheapp subdivision. Subd. 4. DEFINED CONTRIBUTION LUMP SUM SERVICE PENSIONS. If the bylaws governing the relief association so provide exclusively the relief association may pay a defined :ontribution lump sum service pension in lieu of any defined benefit service pension governed by subdivision 2. An individual account for each firefighter who is a member of the relief association shall be established. To each individual member account shall be credited a right to an equal share of: (a) any amounts of fire state aid received by the relief association; (b) any amounts of municipal contributions to the relief association raised from levies on real estate orfromualhto thelshare ofvtheeassetseofetheuspecial fund toof fireate theacreditdof: any amounts q 1) any former member who terminated active service with the fire department e which the relief association is associated prior to meeting the minimum servicerequirementprovidedforinsubdivision1andhasnotreturnedtoactiveservice with the fire department for a period no shorter than five yyears or ('?) any in the retired member who retired rindprior tomembernaccountupursuant rtolsubdivision interest 2and any amounts cred-ited to theapplicableprovisionof the bylaws of the relief association. In additionil any interest or investtion tocthe sharedofntheeassetssofftheespeciallfu dfundtohthe credit credited in propor of each individual member account. At the time of retirement ppursuant o subdivision 1 ;,nci any appemberlshal1 belon of entitledeto thatsof portion oftheassets of association, a retiring midualthe the special t fund to the credit tsof the esmember in any apd v ble provision`ofnthe hic is non pp bylaws of the relief association based on the number of years of service to the credit of the retiring member. Subd. 5. SF:NVICF CREDIT MAXIMUM. No relief association for which the governing bylaws provide a monthly service pension to a retiring member shallcreditanymemberwithserviceinexcessrece0veeacreditofor serviceoinaexcessfof association who, as of July 1, 30 years, the limitalies to the any additionaloyearstofrservi eer:creditt p rafterdTulY 1, this subdivision app IL 1979. Subd. 6. PAYMENT OF SERVICE PENSIONbe aS* NONASSIGNABILITY. The method of calculating serV itecealllbesgivenlfor all yearsied nofoactiveoservicr all eeaexceptrs of aasl e service and crefi• person otherwise provided in this section. No service pension shall be paid to any while the person remains an active member of the respective fire department, and no person who is receiving a service pension shall be entitled to receive any otherbenefitsfromthespecialfundofthereliefassociation. No service pension or ancillary benefits paid or payable from the special fund of a relief association toanypersonreceivingorentitledtoreceiveaservicepensionorancillarybenefits shall be subject to garnishment udggmment, execution or other legal process, except as provided in section 518.58 61A.581, or 518.611. No person entitled to a service pension or ancillary benefits from the special fund of a relief association may assign any service pension or ancillary benefit payments, nor overlanyesum association have the authority to recognize any assignment or pay which has been assigned. 37 PLYMOUTH FIREFIGHTERS' RELIEF ASSOCIATION PLYMOUTH, MINNESOTA AUDITED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 319 1992 PLYMOUTH FIREFIGHTERS' RELIEF ASSOCIATION COMBINED BALANCE SHEET DECEMBER 31, 1992 ASSETS Treasurer's Cash Balance Accounts Receivable Investments General Fund Special Fund TOTAL ASSETS LIABILITIES AND FUND BALANCE LIABILITIES Accounts Payable Total Liabilities FUND BALANCE Required Reserves Undesignated Total Fund Balance TOTAL LIABILITIES AND FUND BALANCE EXHIBIT A TOTAL FUND (MEMORANDUM) SPECIAL GENERAL ONLY 46,282.51 $ 500649.51 $ 96,932.02 242.20 0.00 242.20 0.00 41.26 41.26 1,677,744.13 _ 0.00 1,677,744.13 1,724,268.84 $ 50,690.77 $ 1,774,959.61 0.00 242.20 242.20 0.00 242.20 242.20 1,495,637.17 $ 0.00 $ 1,495,637.17 228,631.67 50,448.57 279,080.24 1,724,268.84 $ 50,_ 44_ $ 1,774,717.41 1,724,268.84 $ 50,77 $ 1,774,959.61 The notes to the financial statements are an integral part of this statement. 4. Historical Trend Information (Unaudited) Historical trend information designed to provide information about Plymouth Firefighters' Relief Association's progress made in accumulating sufficient assets to pay benefits when due is presented below: Information for the years prior to 1983 was not available. 12- Revenues by Source Expenses by Type Funded City Investment Unfunded) Admin. Net Assets Pension State Aid Contrib. Pension Payments Available Benefit 1992 Benefit 0 for Benefits Obligation Funded Obligation 1992 1,724,268.84 1,495,637.17 115.29 228,631.67 1991 1,596,805.41 1,424,416.35 112.10 172,389.06 1990 1,293,621.08 1,270,973.03 101.78 22,648.05 1989 1,190,766.42 1,210,450.50 98.37 19,684.08) 1988 1,073,275.66 1,013,441.15 105.90 91.74 59,834.51 79,753.37) 1987 885,428.68 859,658.13 965,182.05 919,221.00 93.52 59,562.87) 1986 1985 838,875.94 906,326.00 92.56 67,450.06) 1984 792,315.96 906,326.00 87.42 114,010.04) 1983 701,098.08 851,132.00 82.37 150,033.92) Information for the years prior to 1983 was not available. 12- Revenues by Source Expenses by Type City Investment Benefit Admin. State Aid Contrib. Income Payments Expenses Other 1992 149,924.00 0 33,330.86 47,724.48 8,066.95 0.00 1991 149,850.00 0.00 207,598.21 39,828.48 14,435.00 0.00 1990 133,808.00 0.00 102,984.84 116,128.48 17,809.70 0.00 1989 1289991.00 0.00 111,102.47 97,121.92 25,480.79 0.00 1988 120,597.00 0.00 116,342.64 37,291.56 11,801.10 0.00 1987 109,174.00 0.00 42,506.52 37,010.97 339960.00 105,720.00 6,936.93 8,385.78 0.00 0.00 1986 1985 97,877.00 81,279.00 0.00 0.00 91,243.65 120,426.42 5,536.25 0.00 1984 73,256.00 0.00 60,170.72 690874.94 36,469.59 219652.75 5,739.25 90012.52 0.00 0.00 1983 68,776.00 0.00 Information for the years prior to 1983 was not available. 12- PLYMOUTH FIREFIGHTERS RELIEF ASSOCIATION ACTUARIAL VALUATION JANUARY 1, 1991 BORDEWICK & CO. BORDEWICK & CO. ACTUARIES AND CONSULTANTS 7241 OHMS LANE EDINA, MN 55439 612-635-9772 September 13, 1991 Board of Trustees Plymouth Firefighters Relief Association P.O. Box 47101 Plymouth, MN 55447 Attention: Mr. David Leuer, Treasurer Gentlemen: Attached is the report which presents tle results of the January 1, 1991 Actuarial Valuation of the Plymouth Firefighters Relief Association. I certify that all calculations with respect to the valuation were performed on -the basis of the assumptions and methods outlined in the Exhibits of the report and the results are correct to the best of my knowledge. The Actuarial Valuation was conducted in accordance with my understanding of the applicable provisions of Chapter 69.733 and Chapter 356 of the Minnesota Statutes. Sincerely, 9/y s, • James R. Bordewick, F.S.A. JRB:cah Attachment PLYMOUTH FIREFIGHTERS RELIEF ASSOCIATION ACTUARIAL VALUATION AS OF JANUARY 1, 1991 INTRODUCTION Chapter 356.216 of Minnesota Statutes requires that an actuarial valuation of the fund be conducted periodically. An actuarial valuation is a calculation to determine the normal cost and accrued liability of the fund and includes a determination of the payment necessary to keep the unfunded liability from increasing. The actuarial valuation is conducted according to a stated actuarial cost method, Entry Age Normal Cost, and, as prescribed in Chapter 356.215, Subdivision 4(4), an interest assumption of 5% must be utilized. MEMBERHSIP There were 60 active members and 13 inactive members included in the actuarial costs. Member statistics are shown in Exhibit D. ASSUMPTION CHANGE There were no changes in the actuarial assumptions from the previous actuarial valuation except for the mortality assumption and disability assumption. The mortality assumption was changed from the 1971 Group Annuity Mortality Table projected to 1976 without margins to the 1971 Group Annuity Mortality Table with margins. The incidence of disability was changed from the Railroad Retirement Board 12th Valuation to a modified incidence of disability. These changes had no material effect on the actuarial results. PLAN CHANGES The lump sum was changed from $2,500 to $3,000 per year of service which did not affect the actuarial results. ASSETS The value of the special fund assets on December 31, 1990 was $1,293,621. BORDEWICK & CO. ACTUARIAL BALANCE SHEET The actuarial balance sheet showing accrued assets and liabilities is shown below as of December 31, 1990. Assets Value of current assets $1,293,621 Unfunded accrued liability 332,513 Present value of future normal costs 851,471 2,477,605 Liabilities Present value of benefits Active Members Retired members Deferred members 2,014,977 428,893 33,735 2,477,605 ACCRUED BENEFIT LIABILITIES The actuarial value of accrued benefits on December 31, 1990 is shown below: Actuarial Status No. Value Active -Vested 17* $ 487,355 Active -Not Vested 43 406,604 Retired 11 428,893 Deferred 2 33,735 73 $1,356,587 The assets of the plan on the same date cover 95.41/0 of the accrued benefit liabilities. 1 member is 1009 vested and 16 members are partially vested BORDEWICK & CO. ANALYSIS OF CHANGE IN UNFUNDED ACCRUED LIABILITY The unfunded accrued liability decreased by $50,120 from January 1, 1987 to December 31, 1990. The analysis of this change is shown below: 1. Unfunded Accrued Liability, 1-1-89 $382,633 2. Amount By Which Contributions Were Greater Than Normal Costs and Interest Requirements 56,089 3. Change In Accrued Liability Due To Change in Valuation Assumptions 0 4. Actuarial Loss For The Period 5,969 5. Change in Accrued Liability Due To Benefit Changes . 0 6. Unfunded Accrued Liability, 12-31-90 1) - (2) - (3) + (4) + (5) $332,513 CONTRIBUTION REQUIREMENTS Section 69.773, Subdivision 4 of the Minnesota Statutes states that the contribution requirement is equal to the normal cost and amortization of the unfunded accrued liability by December 31, 2007 in this case. The following is a summary of the valuation results utilized in determining the contribution requirements. Normal Cost $ 81,351 Unfunded Liability 332,513 Contribution Requirement* 114,226 Normal Cost plus 16 year amortization of unfunded liability payable on September 1, 1991. The minimum obligation of the municipality is generally equal to the contribution requirement, $114,226 less fire state aid. Fire state aid is expected to be $148,850 in 1991. The contribution at the end of the year required to keep the unfunded liability from increasing is $102,044. BORDEWICK & CO. EXHIBITS Five exhibits are attached to this report. Exhibit A ..... Plan Outline Exhibit B ..... Actuarial Assumptions Exhibit C ..... Actuarial Funding Method Exhibit D ..... Member Statistics Exhibit E ..... Contribution Analysis They are: BORDEWiCK & CO. E X H I B I T S BORDEWICK & CO. 1. ELIGIBILITY: Plymouth Fire membership in Association. EXHIBIT A PLAN OUTLINE Active or probationary member of the Department who has been accepted to the Plymouth Firefighter's Relief 2. SERVICE PENSION: The later of age 50 or after completion of 20 years of service with 10 years of membership, 10 years of service, and not electing a lump sum pension. The monthly pension payable is $480 per month plus 24.00 per month for each year of service in excess of 20 years. Maximum monthly pension is $720. If a member is both age 50 and has completed 10 years of service but not 20 years of service, the service pension of $24 for each year of service will be reduced by 4% for each year of service less than 20 years. 3. LUMP SUM PENSION: The later of age 50 or after completion of 20 years of service with 10 years of membership, 10 years of service, and not electing a service pension. The lump sum pension is equal to $60,000 plus $3,000 for each year of service in excess of 20 years. Maximum lump sum pension is $90,000. If a member is both age 50 and has completed 10 years of service but not 20 years of service, the lump sum pension of $3,000 for each year of service will be reduced by 4% for each year of service less than 20 years. 4. DEFERRED PENSION: Termination prior to age 50 with at least 10 years of membership and 10 years of service. The deferred monthly pension payable at age 50 is based on the service pension formula and service to date of termination reduced for less than 20 years of service as with the service pension. Based on service pension formula in effect on date of termination. 5. DEFFERED LUMP SUM PENSION: Termination prior to age 50 with at least 10 years of membership and 10 years of service. The deferred lump sum pension payable at age 50 is based on the lump sum pension formula and service to date of termination reduced for less than 20 years of service as for lump sum pension. Based on lump sum pension formula in effect on date of termination. BORDEWICK & CO. EXHIBIT A PLAN OUTLINE 6. DISABILITY SERVICE PENSION: Disability resulting from illness or injury in the line of duty or specified other reasons. The maximum payment period is 52 weeks from the date of disability. The monthly benefit is $170 or $5.67 per day. 7. DISABILITY LUMP SUM PENSION: Total and permanent disability which prevents member from performing duties in the Plymouth Fire Department with ten years of service. The lump sum benefit is $3,000 per year of service, maximum $90,000, multiplied by a percentage equal to 95% at age 49 grading to 30% at age 25. 8. DEATH AND SURVIVOR BENEFITS: FUNERAL BENEFIT: Death prior to or after retirement with no service or cause requirements but. with no lump sum pension election. The benefit is $2,500 if death occurred as an active member and $1,000 if death occurred as a retired member or deferred member. 9. DEATH AND SURVIVOR BENEFITS (NO LUMP SUM ELECTED): PRE -RETIREMENT WIDOWS AND CHILDRENS BENEFITS: Widow receives $12.00 per month per year of service, maximum 360 per month. The benefit is payable for life or until remarriage. Ten years of service required. Children, as a group, receive $12.00 per month per year of service, maximum $360 per month. Benefit is payable until youngest child is age 18 or, if a full-time student, until age 21. Child or children must be living with parents and dependent on their support. If physically or mentally handicapped, benefits continue past age 18 or 21 whichever is the case. Ten years of service required. POST-RETIREMENT WIDOWS AND CHILDRENS BENEFITS: Same as pre -retirement provisions and benefits. 10. ADJUSTMENTS: Any benefit payable as a monthly pension or lump sum pension will be integrated with the Public Employees Retirement Association (PERA) pension where services were primarily for the Plymouth Fire Department on actual fire fighting activities in the employee of the City of Plymouth. BORDEWICK & CO. EXHIBIT A PLAN OUTLINE 11. EFFECTIVE DATE: September 26, 1963. 12. LAST AMENDED: February 16, 1990 BORDEWICK & CO. MORTALITY: DISABILITY: MEMBER TURNOVER: RETIREMENT AGE: INTEREST: ASSET BASIS: EXHIBIT B ACTUARIAL ASSUMPTIONS The 1971 Group Annuity Mortality Table. Short Term Disability: None assumed. Lump Sum Disability: In accordance with the following: Acre Rate AQe Rate 20 .00110 40 .00260 25 .00130 45 .00364 30 .00155 50 .00000 35 .00190 In accordance with the following: Age Rate Aqe Rate 20 .07000 40 .02300 25 .07000 45 .00000 30 .07000 50 .00000 35 .04700 The later of age 50 or the completion of 20 years of service. 5%, compounded annually. Market value. BORDEWICK A& CO. EXHIBIT C ACTUARIAL FUNDING METHOD ENTRY AGE NORMAL This actuarial funding method is one of the projected benefit cost methods. An estimate of the participant's projected benefits payable under the Plan is required to determine the costs and liabilities under this method. The NORMAL COST for each active participant is the amount, expressed as a level dollar amount, which would be required from the participant's entry age to retirement age so that accumulated contributions at retirement age or termination age will equal the expected ACTUARIAL ACCRUED LIABILITY at that time. Entry age is defined as the age when the employee commences participation in the Plan or some other age. The ACTUARIAL PRESENT VALUE OF FUTURE BENEFITS is equal to the future benefits expected to be payable under the Plan discounted back to the current age of the participant. Discounts include such items as interest, mortality, employees turnover, and other decremental assumptions. The value includes benefits for both active and inactive participants. The ACTUARIAL PRESENT VALUE OF FUTURE NORMAL COSTS is equal to the value of future NORMAL COSTS for the participant discounted for the decrements described above and payable from the participant's current age to assumed retirement age. The ACTUARIAL ACCRUED LIABILITY is equal to the difference between the ACTUARIAL PRESENT VALUE OF FUTURE BENEFITS and the ACTUARIAL PRESENT VALUE OF FUTURE NORMAL COSTS. The UNFUNDED ACTUARIAL ACCRUED LIABILITY is equal to the difference between the ACTUARIAL ACCRUED LIABILITY and the current actuarial assets of -the Plan. ACTUARIAL GAINS AND LOSSES are reflected as adjustments to the UNFUNDED ACCRUED ACTUARIAL LIABILITY from year to year. BORDEWICK & CO. EXHIBIT D MEMBER STATISTICS ACTIVE MEMBERS 1. There were 60 active members included in the actuarial costs. 2. The average entry age for the 60 active members was 26.5. The average attained age for the 60 active members is 34.1. An age service distribution is shown on the next page. 3. The total prospective monthly benefit payable to the 60 active members at their retirement ages is $35,040 or an average prospective monthly benefit of $584. RETIRED MEMBERS 1. There were 11 retired members included in the actuarial costs. 2. The total monthly retirement benefits payable to these members is $3,319. 3. The average retirement age for these members was age 52.4 and average current age of these members is age 66.4. DEFERRED MEMBERS 1. There were 2 deferred members included in the actuarial costs. 2. The total monthly benefit payable at age 50 is $211. BORDEWICK & CO. 0 EXHIBIT D AGE/SERVICE DISTRIBUTION OF ACTIVE MEMBERS BORDEWICK & CO. YEARS OF SERVICE Acte 0-4 5-9 10-14 15-19 20-24 25-29 30-34 34+ Total 20 20-24 4 3 7 25-29 10 10 30-34 11 6 3 20 35-39 2 3 5 1 11 40-44 1 2 2 1 6 45-49 1 1 1 3 50-54 2 2 55-59 1 1 60-64 65-70 Total 19 24 12 4 1 60 BORDEWICK & CO. EXHIBIT E CONTRIBUTION ANALYSIS It was requested that we examine the contribution effects if certain conditions or changes occurred. 1. The current number of active members is 60. If this number was increased 15 by the end of 1992 and another 15 by the end of 1994, the additional contribution per new member would be about $1,035. Based on the current provisions of the Association, the required contribution is $114,226 and 1991 fire state aid is expected to be $148,850. There is then $34,624 to fund for new members. It is estimated that no city contributions would be required if all actuarial assumptions are realized and state aid continues at 148,850. 2. The current pre -retirement widows benefit is equal to 5004 of the accrued service pension. It was requested to determine the contribution effects if this was changed to 100/ of the accrued service pension. Based on the current provisions of the Association, it is estimated that this change would increase the required contribution by $2,700. We believe this would be an allowable change under Chapter 424A.02, Subdivision 9 of the Minnesota Statutes since it would not exceed the earned pension of the members or former members. 3. It was requested to look at the contribution effects if the lump sum was increased from $3,000 once this is permitted by statute. The lump sum could be increased to $3,800 with the associated $24 benefit for any member retiring prior to age 55. There would be no increase in the contribution with this lump sum increase since the value of the $24 benefit exceeds the lump sum amount and current funding is based on the $24 benefit. There would be a slight contribution increase for members retiring at age 55 and over, which we did not determine, if a $3,800 maximum lump sum benefit was introduced. BOROEWiCK & CO. 7 EXHIBIT E PLAN OUTLINE 4. The following is a contribution analysis if the service pension was increased from $24. It was assumed that this increase would only apply to active members. Current Addition $1 Normal Cost $ 81,351 $ 3,372 Accrued Liability 1,626,103 48,222 Unfunded Liability 332,513 48,222 Contribution Requirement 114,226 7,291 Therefore, if the benefit was increased to $25, the total contribution would be $121,517 ($114,226 + 7,291). If the benefit was increased to $26, the total contribution would be $128,808 ($114,226 + 2 x-$7,291). BORDEWICK & CO. BORDEWICK tic CO. ACTUARIES AND CONSULTANTS 7241 OHMS LANE EDINA, MN 55439 612.635-9772 August 27, 1991 Mr. David Leuer Plymouth Firefighters Relief Association P.O. Box 47101 Plymouth, MN 55447 Dear Dave: We need your input on some of the benefit changes you requested given the following: A Monthly Benefit of $24 Per Year of Service is Equivalent to the Following At Age Lump Sum Amount *Per Year of Service 50 4,080 51 4,010 52 3,939 53 3,866 54 3,792 55 3,715 56 3,637 57 3,558 58 3,476 59 3,392 60 3,307 Basis: 1971 Male Group Annuity Mortality with 5% interest Currently, the maximum service pension is $30 and the maximum lump sum pension is $3,000 according to Chapter 424A, Subdivision 3 of the Minnesota Statutes. We know there has been activity to increase the maximum lump sum amount since it is at the same level when the maximum service pension was $22.50. We then have the following questions: 1) Since the value of the monthly service pension of $24 is higher than the current maximum lump sum of $3,000, what advantage is there to eliminate the monthly service pension option. BORDEINICK & CO. ACTUARIES AND CONSULTANTS Mr. David Leuer Page Two August 27, 1991 2) Since the maximum lump sum is $3,000 per year of service, your request to examine the cost effects of a $3,300, $3,500 and 3,800 lump sum pension would only apply if the statute was changed. Further, increasing the lump sum to the $3,800 level would only have a real affect on members retiring at age 55 and over if the $24 service pension is maintained. Given this, should we determine the cost affects of increasing the service pension by $1 multiples. We assume this would only apply to active members. Is this correct. Please call me after you have reviewed this letter. I want to make sure we have properly interpreted your requests. Sincerely, al James R. Bordewick, F.S.A. JRB:cah GRAY, PLANT, MOOTY, MOOTY & BENNETT, P.A. INCLUDING THE FORMER FIRM OF HAR5TAD & RAINBOW HAROLD G CANT 41887-1973) HENRY W HAVERSTOCK 1189A 1`771 y(//p3400t,.11 1 CEN R FRANKLIN D. GRAY 11904 19 9 01 THMTYE c^UM SIM MINNEAPOLIS, FRANK W PLANT. JR. RICHARD A. MOORE, JR. MINNESOTA 55402-3796ll`/l\GJIJI MYRON L FRANS NANCY J MILLER JOHN W. MOOTY WILLIAM L. KILLION ERIK T SALVESON STACY A LEVIN MELVIN R. MOOTY ELIZABETH W. NORTON pL RENCK 612. 343. 2800 RICHARD G. BRAMAN SUSAN DECKER LENCZEWSKI RUSSELL M. BENNETT JUDITH BEVIS LANGEVIN PENNY M. TIBKE CHARLOTTE A. KIMBALL CLINTON A. SCHROEDER JOHN E GROWER C.vRl/L 612.333'0066M NANCY QUATTLEBAUM BURKE LI SHENG LIU C BLAINE HARSTAD THOMAS DARLING WILLIAM J. FISHER GINA 8. SAUER EDWARD J CALLAHAN. JR. JOHN M. NICHOLS M 910 576'2770 VIRGIN'5 SCHUBERT WILLIAM R PECK JAMES S. SI MONSON MARY BETH BRODY R. GEORGE R WOOD JOHN G SHULMAN RICHARD N. FLINT BARBARA R. HAUSER GAYLEN L KNACK TERRY M. WALCOTT MACLAY R. HYDE ALAN T. HELD JEFFREY C. ANDERSON CONSTANCE J. PAIEMENT BRUCE O. GRUSSING DAVID N. MOOTY TAMARA HJELLE OLSEN OLIVIA W. WALLING C. STEVEN WILSON RICHARD A. HACKETT JEFFREY D. FICK TIMOTHY A. BEASTROM JOHN S. CROUCH RICHARD J. HOLLOWAY NANCY ROETMAN MENZEL PATRICK R. TOWNLEY DAVID T. BENNETT WILLIAM D. KLEIN QUENTIN R. WITTROCK TROY A- CHAPMAN EDWIN C.CARPENTER SUSAN L SEGAL ROBERT J. MCREAVY JONATHAN M REDGRAVE LINDLEY S. BRANSON NICHOLAS N. NIERENGARTEN DEAN A. La DOUX JENNIFER REEDSTROM BISHOP JOHN W THIEL JOHN L KRENN GREGORY R, MERZ CHARLES K. MAIER ALBERT ANDREWS. JR. STEPHEN R. EIDE BRIAN B. SCHNELL DAVID A. CRENSHAW NOEL P MULLERJOHN D. GIUDICESSI, JR. WADE T. ANDERSON DOUGLAS R. RAINBOW KATHLEEN S. TILLOTSON LAURA J. SCHOENSAUER ROBERT L HELLAND MARY K. MARTIN RICK E. KUBLER TE. JR. LE. DIRECT DIAL 343-2953 TIMOTHY M. U KE BRUCERAN KIERNS DAV D CLBAHLSM BARBARA E.BRETHEWAY OF COUNSEL DANIEL R. SHULMAN PHILLIP BOHL TROY A. BADER O. JAMES NIELSEN MICHAEL R. CUNNINGHAM JAMES F. CARROLL EDWARD A GARVEY DANIEL B. VENTRE& JR. ROBERT P LARSONROBERT E. HARDING MARA R. THOMPSON ROBERT A. STEIN THOMAS L JOHNSON LAURA J. HEIN MARK E. MULHOLLAM DAVID M. COYNE November 30, 1992 Mr. David H. Leuer 4225 Brockton Lane Hamel, MN 55340 Re: Plymouth Firefighters Relief Association Dear Dave: I am enclosing several reports dealing with the Relief Association's retirement benefits. The first report is simply a list of the individuals receiving retirement benefits or entitled to a deferred pension, together with the present value of the benefit. For John Helman, I have used an amount which would grow to $8,096 in three years, assuming a 4% interest rate. The present value of all retirees' benefits are taken directly from the present value calculations performed by your actuary in May 1992. These values should be adequate for now. An annuity contract would probably cost more than the value of the benefit for actuarial purposes, but the cost also would have decreased since May 1992, because everyone is now six months older. In any event, the first report shows the total cost of these benefits to be $402,922. I subtracted that amount from 1,724,452, which is the latest valuation of the Special Fund with the Polaris Limited Partnership valued at $30,000. The difference of $1,321,530 would be available for reallocation if the retirement program is converted to a defined contribution plan. Mr. David H. Leuer Page 2 November 30, 1992 The second report lists all of the active firefighters and shows the initial defined contribution allocation for each member if the special fund is allocated on the basis of months of service. To show how the report works, let's look at your benefit. The initial allocation under this method would be 35,030. This amount is less than your present accrued benefit of $42,000, but it exceeds the present value of your accrued benefit ($28,427, assuming a 5% rate of interest) by a difference of $6,603. On the second page of the report, you will see that your allocation is then compared to a defined benefit plan that pays $4,000 per year of service. The report shows that the present value of this greater pension would exceed your initial defined contribution allocation by $2,873. In the last four columns of the report, I have projected the accumulation in your defined contribution account at age 50 and at age 60. The value at age 50 assumes that your account receives a contribution of $2,459 each year plus 6% or 8% earnings on both the initial allocation and on the future contributions. The value at age 60 is based upon the projected value at age 50 with no future contributions, but with the account continuing to grow at a rate of 6% or 8%. The third and fourth pages of the report give you the same calculations for the second half of your roster. You will notice that the service -based allocation leaves five individuals with an account balance that is less than the present value of their accrued benefit under the existing defined benefit program. Four of these individuals are over age 50 and would be entitled to receive the full accrued benefit if they retired immediately, subject to any reduction for having less than 20 years of service. One solution to this problem would be to allow these active firefighters to retire before the plan is converted and receive their full vested accrued benefit. If they did not retire, they would receive the allocation that is based solely on months of service. A second approach is to give these five members an initial defined contribution account that is equal to the present value of their accrued benefit. The cost of this adjustment is $31,807 which, of course, must come out of the allocations to the other members. These new allocations are illustrated in the report that is designated as "Adjusted Allocation." In order to get the proper reallocation, it was necessary to reduce the Value of Fund by the amount allocated to the five individuals, and then set their months of service to "0" so that they would not distort the allocation to the remaining members.) Mr. David Page 3 November H. Leuer 30, 1992 I would be happy to phone or in person before together, I would suggest evening meal somewhere in from you. SRE:ak Enclosure 3390X discuss these reports with you over the your next meeting. If you want to get we meet for breakfast or for a late Plymouth. I look forward to hearing Very truly yours, GRAY, PLANT, MOOTY, MOOTY & BENNETT, P.A. B- - - Stephen R. 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W W OD COO) CD OD O OD O H H WWwMWF-ODofHW HHHHl NHNNN JJJJ VO 1F-ANN tnu cntnLin ocn00Orb H H H H H W H W O O H H H H H O H W W M N N W W A N W W W N V10 tJ1ANJtn0V J N N N N N N N N N N H H H H H A H A J V 0000000000 0000000000 0000000000 H H H H 01 0 0 1D .P J 0 10 A OD tovHON) ODH0W J O H O N H H O A H w H H H O A A H o w o H H H H H F+ h+ J J W N J N J W W OA 03NNA0-401 H O H w w w H A 01 w OOOHODAOODW" HHOD A VOt 0% Ot\ N\ A\ to\\ w\H\H\NH Nf+Nwtntncrif+NJ O 00 00 O OD DO O J J V W W WH"OoWWw HHHHl-H-'HHH HW H W Wt OM -4J W W J H O H H N H W N N N N N W W W W w NNW Ot O 00NAia R A N O OD O O N O A O000DOtOtAA W NN A O N OD A 00 00 Ot J U1 N N N W N A W W A W J OO tO Ot tO W W G1 N W IV N N W W W W W A A JJJ W WOtOttONN 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0000000000 H H N H H N H O 10 10 0 H lJ1 to 1C OD 00 VNOtatcotnJOtAW 10 W 1GptAOD010NN OOM-•Jt71t71VODVA W W WtOt71AANN10t OtNV1AOAW(710tH O to tC O H 0 A W 0 0 t710tOOtOWH COH G00: 3,000F+• G ft M (D 1-4 r(D H0 rt KHtDO nH•tu- wHH•Ko :50:1 4 0 04 r cn to 0 to Ab H NF-•\HHHH\\\ 0WtJNNN10HF-tv JJJJJJ V V JOt 000o00m0%wNF.+to H H H H H N J OD t0 10 tD Ot wA W wwwt7 mwo 1 7Jw otoJOHto 0100AA t7100tOOt NOH OO 1000 W O AON0010000ttn W l71 W W W W (71 S A A ao to O ao to tc H vt w J NNt71mow V0 W w ft ft• 0000 0 0 00 00 0000000000 0000000000 N A N N N N o m& w W NtJ1MwWJO&w WOOJOOOOVO ODOt71wmmo0J0 H HHRH CH rt D o rt G a' a A71A H H N H H J N b Ot W O H W tnJW W Jc&wOAOOAO 1 rt V PI d w CD r w W tt 1 b M- Z"" 0 O MZOmF-• Fi M IV t7- '.7• to nP-xZJMa-wNfLVOMoll<"g:1M ftOct, 5 rtft 1-- N N N N N w N W w w 00000 W 00N00N01O1 0 0 0 0 0 0 0 0 0 0 0000000000 0000000000 HHHI-AF-F-NN 00WN0O WN1DN N01A0010daA00J O ODO\NtoF-C Q 1DN 0 N 0 V N 0 0 O N N tD0AAF-0A1pN O N00mAm00w J PN.P OAOAw%DM WtDWA00W Wp1(o N N F- -+ N N OlJ1 DJNNtDO W F- OON01N G IltOF-P W 00 p.0 JJNWONWo, Ww NNN- N1 -4W tj DJNwcna,NrF+Oo 1plJ1NA00 tNONF- 0' N W (J1 U1 J W 0 1D V DF-'I-+C C AF+ANp1 NO 1710Jf-+1J1N0]N ww1-6F-j wrNrw Jul'i0WA-4M0m 01 O J N W A V W V O Dtnv rrnwcoANJ DOC iDODOOQtOF+N rxcnrt-40Mvrr sr a, to o F- F•- M MV00 :' r o F- a o GawF- & M M F-• O M M awK wO xK ti H X` F-rpt. . 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JA. W F+ A i+ 171 .P VOD 00 00 00 111w0101JA1DNNl11N N10%ow L10 W NNN N17106daWON017110Ut N N V J 01 111 W W W 171 w ZWOOMPIMwz DO0Z0E-+CIm0H K < JLi- rtw0 O x O Ml< 0 N O wfA NO N K O- - rtO O M 0 rt tl < : Z 0-3 . x H W 91-3 4 IIA I-&HNNNNNW N 0000600000 0000000000 0000000000 W N W W W100 tJI V 0 N00 cnvFcnF-.lo o•000 A A A 01 N N 00 N O O A A A N QI"-4 w o w 71 VIt11W P V0 -400N W0100V01V030OA OF+OVOOAOOW 10O10N01ODNI+QV v v H NNNN I V V V 10 0 0 10 N( W 11 .h 171 1J1 lJi 01 is W 1 lJl O N O w N N 01 O 01 171 10 111 00 %1H ON W N 00 N V M W O A 00 NNNI-+h+NNW I AAAF•+W10 VN I W WNW00N111t1101.) O coebb (o0 LO) wH F+U1F-GONFr0 01 O OD11100ON10NA F•• W W WF -AI - w WA r r.Faoo,Aowo wF+wroolo0ooAw A10A00171I+0f00O1D 100t1010WN01WAN h+N1-+ VA1p000 A10 171 111 171.N N 01 111 V wwwoww10O W00 01W0 01111JAWOON W A W 01 01 W O 10 O 10 00AOO Vt11171A00O 0w0W W<nlob VlJl01 M :oo q w W :t)o w q= IS 0"0 rto A O (D a F•' t'!' 0 w a in, ::r d tr IDOArt"M"r --(D rn a oavi rt m7C O(D;IV- ort- H 'OHS• N N N A N N N N N N AAA O ODOOODA0000 0000000000 0000000000 0000000000 F+ F•+ N 1- r Fr r iOW1-+OOWN P•N00 0 w0 -N0.0000001 4$4& 0 w VN VN 1C 71N P10A PF-+A00 N OD 10 10 N 0 0 0 01 00 WAVIOA^0 WMN O01W W W W AF-AA10 N N N N N Y N OF•'VNN10OC1O10 PWiP10O10J1TiVl11 10WW VON011J101OD AN1-+O 0\OI-+Nh+171 WAVOOVNWAW V WH N N N N N N 10iA00A10N W V W J N WJ1010N.PO.P111 111W VA01W 111H ulNJ F-' 01 l71 V 110 F 10 01 N 11101A00N171OW 001 W NN N W NM•+F•+N W oloway.10-1cul VNW AO vNVNO O10OWh+01VW VV NN10a710 ViNA1-•111 NODOO100110W 100 01WF+W O NNI-A WLn NOODNA 0110 01 10 10 101010N VAOAO P W 171A01O0 VIA 111 F•+ 01 N W 01 N J O W O V O M O W W O A 171 A O 1 -- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A bill for an act relating to retirement; volunteer firefighters relief association; specifying alternative flexible service pension maximums. BE I1' ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section I. [PT.ymnuTm VOLUNTEER FIREFIGHTERS RELIEF ASSOCIATION; FLEXIBLE SERVICE. PENSION MAXIMUMS.] Subdivision 1. [APPLICABILITY.] Notwithstanding any provision of Minnesota Statutes, section 424A.02 subdivision 3, to the contrary, the Plymouth volunteer firefighters relief association is subject to the flexible service pension maximums set forth in subdivision 2. Subd. 2 [FLEXIBLE SERVICE PENSION MAXIMUMS.] (a) On or before August 1 of each year as part of the certification of the financial requirements and minimum municipal obligation made pursuant to Minnesota Statutes, section 69.772, subdivision 4, or 69.773, subdivision 5, the secretary or some other official of the relief association designated in the bylaws of the relief association shall calculate and certify to the city council the average amount of available financing per active covered firefighter for the most recent three-year period The amount of available financing shall include any amounts of fire state aid received or receivable by the relief association, any amounts of municipal contributions to the relief association raised from levies on real estate or from other available revenue sources exclusive of fire state aid, 1 and one-tenth of the amount of assets in excess of the accrued 2 liabilities of the relief association calculated pursuant to 3 Minnesota Statutes, section 69.772, subdivision 2; section_ 69.773, 4 subdivisions 3 and 4; or section 69.774, subdivision 2, if any. The 5 maximum service pension that the relief association may provide for 6 in its bylaws for payment to a member retiring after the calculation 7 date when the minimum age and service requirements are met must be 8 determined-csing the formulas in paragraph (b). 9 b) The maximum lump sum service pension amount for each year of 10 service credited that may be provided for in the bylaws is the 11 greater of (1) the service pension amount provided for in the_ 12 bylaws on the date of calculation• or (2) two times the average 13 amount of available financing per active covered firefighter. The 14 maximum monthly service pension amount for each year of service 15 credited which may be provided for in the bylaws shall be the greater 16 of (1) the service pension amount provided for in the bylaws on the 17 date of calculation; or (2) 0.0125 times the average amount of 18 available financing per active covered firefighter. 19 Section 2. [EFFECTIVE DATE]. 20 Section 1 is effective upon approval by the pi;,mouth city 21 council and compliance with Minnesota Statutes section 645.021. January 21 , 1993 RELIEF ASSOCIATIONS NEAR, AT, OR ABOVE $3,000 PER YEAR OF SERVICE GOLDEN VALLEY HOPKINS PLYMOUTH BROOKLYN CENTER MINNETONKA HAPLE GROVE EDEN PRATRIE LAKEVILLE EiAGAN ALEXANDRIA NORTHFIELD BRAINERD BORDEWICK & CO. ACTUARIES AND CONSULTANTS 7241 OHMS LANE EDINA, MN 55485 012.035.0772 July 2, 1992 Mr. David Leuer Treasurer Plymouth Firefighters Relief Association P.O. Box 47101 Plymouth, MN 55447 Dear Dave: You. requested that we conduct an analysis to compare the projected asset accumulation at retirement under a defined contribution approach with the current defined benefit approach. We first started by allocating the current assets to each member in proportion to the present value of the accrued service pension. The present value was based on the 1951 Group Annuity Mortality Table with 5% interest and the spouse was assumed to be the same age as the member. Spouse birth dates would have to be provided to perfect the present value. Members may question why their present value differs from another member. A general rule to follow is if two members have the same retirement age, the same attained age for the member and the spouse, the same benefit, and the same marital status, the present value would be the same and their asset allocation would also be the same. If any of the items are different, the present value will be different. For example, if all but one item is the same: 1. The lower the attained age, the lower the present value since the discount for interest and mortality from retirement age is longer. 2. The higher the retirement age, the lower the present value since benefits would be payable over a shorter period of time. 3. The lower the benefit, the lower the present value. 4. If a member is single, the lower the present value since spouse benefits would not be payable at the death of the member. BORDEWICK & CO. ACTUARIES AND CONSULTANTS Mr. David Leuer Page Two July 2, 1992 The allocation was then accumulated to retirement at 8% interest and an annual contribution of $2,420 accumulated to retirement at 8% interest from January 1, 1992 was added to the accumulated asset allocation. This results in the estimated amount of assets accumulated at retirement under the defined contribution approach. The lump sum value at retirement of the projected service pension was next determined. This value was based on the 1971 Group Annuity Mortality Table with 5% interest. This lump sum value is the estimated amount of assets at retirement under the defined benefit approach. A pension gain or favorable comparison results when the estimated asset accumulation under the defined contribution approach exceeds the lump sum value under the defined benefit approach. An individual listing by member is enclosed along with an explanation of each column. No projections were made for deferred members, retired members, and beneficiaries. 1. Almost all active members shown a pension gain. There are only four members which show a pension loss. 2. The largest pension gains occur when there is a long period of future contribution accumulation. The younger member is most favored under the defined contribution approach. 3. The shorter the period of future contribution accumulation and the higher the retirement age results in less pension gain or even a pension loss. Please call if you have questions or wish to discuss this analysis. Sincerely, 0 James R. Bordewick, F.S.A. JRB:cah Enclosures PLYMOUTH FIREFIGHTERS RELIEF ASSOCIATION SORDEWICK & CO. PRESENT VALUE OF S` VALUE OF ACCRUED ASSET RET ACCUM. ACCUM. TOTAL PROD. PROI. PENSION NAME PENSION ALIAC. AGE N ASSETS . CONTL ACCUM. PENSION PENSION GAIN H. AHERNS 4,919 X5,819 5217 121,532 81,676 103,201 1480 18,180 124,427 P. ANDERSON 12,814 15,159 SO 16 51,935 113,385 SIA32D 02 1100,118 825,102 T. ARBOGAST 100 112,574 SO 14 36,933 58,600 95,534 480 87,146 8,388 L BEGIN 1418 14,927 SO 24 69,616 110,744 1800 648 117,647 9673 1. BERQUIST 0 0 5619 D 100,300 100,300 480 78,915 21,385 L BOHLMAN 13,256 115,682 SO IS 49,747 65,708 JIIS,455 528 89 766 25,689 B. BRANYON 0,033 5,954 SI 17 21,031 810 103,706 1480 80, 8 23,498 P. BRANYON 14,409 111,046 54 13 146,359 1,019 98 n 0 881,811 116,567 T. BRENNAN 13,468 111933 5016 154,586 113,385 127,970 S28 MI 132,109 T. BUCKLEY 18,103 21,416 61 8 39,640 25,741 65,381 480 110,951 W70) D. BURKE 11,544 113,657 50 LS 843,322 65,108 109,030 8504 91,503 317,521 J. CHOCK m 0 5019 D I00 300 8100,300 480 81,146 13,154 D. ELLOTP 812,887 15,246 5017 856,409 , 810 81X,465 648 8111,617 20,438 D.B. ELLIOTT 1,063 81,258 6618 SA25 190,630 195,655 00 61,159 833,496 S. ELLIOTT 8,621 810,199 50 24 64,673 16011 12 N 12 130,119 195,525 T. ELLIOTT 14,689 5,547 50 26 141A29 1193,490 234,519 110 8130,719 1030 D. EVENSON 60,414 81042 50 7 14611 21,593 8144 N 0 8113,290 830,914 T. EVERSON 14,913 15,883 50 27 46,995 211,389 1258 384 720 1A09 13S,91S B. FASCHING 5,488 6,492 SO 25 44,463 1116,916 8221,380 12O 121,409 198,971 D. FOLEY 8,709 10,303 5011 141,"!- 190,630 3131,801 1528 195,861 835,940 J. MIXER 120,917 124,745 50 12 862,313 845,925 H1fl,2i8 600 8108,933 8695) S. FRANIS 15,488 6,492 SO 25 144,463 16,916 1211,380 8120 177,409 X6,911 1. GANJE 7,106 8,525 SO IS 27,042 65,708 192,151 8480 SIM 11,145 L GRATZ 6,961 0,242 5017 0,496 88$,676 811$172 504 91,503 820,669 D. HERBERT 16,919 AIRS SO 24 51,905 1161,511 1211476 VM 8122,409 91,061 t HEBERT 19A51 110,115 5013 62,911 947,362 8210,273 120 130,119 - OM D. JACH 9,516 111,258 50 22 61,203 8134,205 195,408 696 8126,362 69,046 M. JAMINSLI 112,814 115,159 5016 51,935 113,385 12SJ20 552 8100,211 825,102 B. JOHNSON 18,194 133,354 SO Il 177,770 40,282 1118,052 634 113,290 84,762 D. JULSETH 17,878 821,150 5013 457,521 153,019 1099 5480 81,146 21,393 1. CUSS 110,184 112,048 SO 22 865,499 1134,205 199,705 12 19409 11,296 T. LAHTI 14133 114,354 5014 14$160 158,600 100,760 P 1101,575 3,8IS( D. LEUER 825,574 0,255 SO 8 Si,999 125,741 81,740 8504 95,503 0,763) G. LEUER 16,303 19,187 0 it 71,362 81,676 I53A37 8$20 130,119 Y2,718 I. LEUER 8,511 10,140 SO 21 SIA42 14023 173,065 81n 1]4,719 41,346 C LINDBERGER 19,693 11,467 SO 23 67,329 141,362 1214,690 SM 12$409 92,281 R. LUTH 29,645 1BA71 SO 11 84173 140,282 1122,055 600 8108,931 811122 D. SEEMAN 1,260 11,491 62 18 S,951 90,630 96,516 0 69,149 821,337 R. LYMER 167,79{ 74,281 52 1 86,648 ISA34 01,682 1480 84,552 7,130 N. METZGER 11,742 82,061 5018 8,235 190,630 196,865 1480 87,146 11I,719 T. YURAIAYI 0 O S9 20 0 110,144 110,144 480 814,254 36,490 J. NELSON 110,566 11,524 5814 36,714 158,600 95,364 480 175AI 119,533 J. NOLTDIG 17707 191,111 SO 3 t1S,656 17,856 8123,512 0 8108,933 814,579 L. PHILLIPPE 130,035 435,532 5012 89,476 14S,92S 1135,401 612 122,005 113,396 L. PLACK 111,346 114421 SO 14 860,214 58,600 118,874 600 1108,933 0,941 J. POHTILLA 81484 9,122 SO 18 816,470 90,630 1101,100 8480 51,146 119,954 C SCHARLAU 123,240 127,494 61 6 43,629 411,753 61,782 480 10,9SI 19,569) t SCHARLAU 110,184 12,048 SO 23 70,139 1141,362 2I8 10I 1124 112,409 95,692 T. SCHRODEN 15,552 18,162 SI 13 849,393 52,019 101,412 1480 95,861 13MS L SPECKEN 0 0 50 24 0 8161,571 4161,571 8480 87,146 74,425 D. MAN 1,657 11,960 50 18 17,833 90,630 96,467 8480 187,146 111,717 PLYMOUTH FIREFIGHTERS RELIEF ASSOCIATION SORDEWICK & CO. S. SCOFIELD 11025 121,916 52 8 40,564 125,741 66,305 W 84,552 18,247) R. SHELDON 111,244 13,302 SO 21 66,960 122,023 188,983 672 1114,248 14,735 D. RICKER 4,732 5,598 50 19 24,160 100,300 124,460 1528 MAI 28,599 C. WITH 17,389 8,141 50 23 159,865 1176,916 1236,782 720 1130,719 106,063 1. STARR 11,544 113,657 5015 143,322 65,708 1109,030 1504 191A3 117,521 1. TOMBERS 125,111 29,708 5012 14,810 45,925 11101735 1648 110,168 W,567 Y. TONCZYL 23,087 21013 50 a 86,640 65,708 3152,348 1120 1130,719 12429 C. VEFLIN 67,959 80,397 S6 1 86,829 9420 89,249 1480 78,915 IN34 S.111111ERGREN 11,033 8,320 50 26 61,539 193,490 255,029 120 130,719 1124,310 T. HOOVER 3,.192 W49 5117 115,723 81,676 191,399 1480 83,867 111,532 B. SPECKEN 17,OU 18,320 50 25 156MI 1174916 1233,897 720 130,119 1103,178 G. KIVLEY 119,172 12291 1106 119,171 J. BELMAR 15,521 1102 1106 19,172 J. ARBIETER 62,234 71625 359 9234 D. AUDETTE 31,290 1117,011 300 31,290 F. BAUER 29,907 35,381 300 29,907 F. AUSTIN 49,777 580 31S 149,17! A. LEE 47,260 55010 1345 47,260 A. RENINYE 21,571 25,519 300 21,511 C. ROSELAND 29,907 35,381 300 129,907 A. SCBIEBE 131,098 131,9'13 300 32,098 B. SCHIEBE 31;03 36,611 300 131,00) J. SCHNENDEMA 121,949 133,064 170 V,949 8. TOUHEY 48,778 157,706 330 48,778 TOTAL 1349760 1596805 BORDEWICK & CO. PLYMOUTH FIREFIOTERS MU ASSOCIATION COLUMN DESCRIPTIONS PRESENT VALUE OF ACCRUED PENSION: This is the actuarial value on January 1, 1992 based on the service pension benefit in effect.at that time and service to January 11 1992. ASSET ALLOC: This is the allocation of January 1, 1992 assets based on proration of the Present Value of Accrued Pension. Since assets are equal to $1,5960805 and the Present Value of Accrued Pension is $1,349,760, each member received an asset allocation of 1.183029, greater than the Present Value of Accrued Pension. RET AGE: This is the assumed age at retirement. It is equal to the later of age 50 or after 20 years of service. N: This is the estimated accumulation period and the number of contributions from January 1, 1992 to retirement. ACCUM. ASSETS: This is the Asset Alloc. accumulated with 8% interest to retirement. ACCUM. CONTR: 'This is the accumulation of an annual contribution of $2,420 at 8% interest to retirement. TOTAL ACCUM: This is the total estimated balance at retirement under the defined contribution approach and is equal to the sum of Accum. Assets and Accum. Contr. PROJ. PENSION: This is the projected monthly service pension at retirement under the current plan and based on the service pension benefit level in effect ,of January 19 1992. VALUE OF PROJ. PENSION: This is the actuarial value at retirement of the Proj. Pension and represents the estimated lump sum value at that time. PENSION GAIN: This is the difference between the Total Accum. and the Value of Proj. Pension. If there is a gain, it means that there is more value with the defined contribution approach than with the current defined benefit approach. BORDEWICK & CO. Rev. 12/89 BY LAWS OF THE PLYMOUTH FIREFIGHTERS RELIEF ASSOCIATION ARTICLE I. MEMBERSHIP SECTION 1. Membership. All active regular and probationary members of the Plymouth Fire Department shall be eligible to apply for membership in this association. SECTION 2. Application. Applications.for membership shall be made in writing on a form supplied by the Secretary of the Association and shall be accompanied by a sum equal to one year's dues. The Board of Trustees shall conduct an investigation to determine if.the applicant, due to some medically determinable physical or mental impairment or condition, would constitute for the Association a predictable and unwarranted risk of the commencement of a retirement benefit at an age earlier than the minimum age specified for receipt of a seryice pension. If no such impairment or condition exists, the Board of Trustees .shall appoint the applicant to membership in the Association. SECTION 3: Termination. Resignation or termination from the Plymouth Fire Department shall terminate the. membership of the member so resigning or.term- inated provided, however, that any member who has served for at least the minimum number of years required by Article VIII of these By Laws for vesting of pension rights shall be allowed to retain membership in this Association subject to payment of dues and such other regulations which may be from time to time Imposed. SECTION 4: All active members shall pay twelve dollars ($12.00) per annum as dues, that shall -.be payable at the Annual Meeting. Retirees with financial interest shall pay one dollar ($1.00) per annum as dues, that shall be payable at the Annual Meeting. Any member failing to pay the annual dues within 30 days from the date of the .regular Annual Meeting shall be mailed a written notice of the delinquency by the Secretary.,.If the dues are not paid within 30 days after this notice it will result in the member's suspension from membership and the forfeiture of -all rights and benefits.. SECTION 5: Reinstatement... Any member suspended for non-payment of dues can only be reinstated upon application in writing, presented at a regular or special meeting of the Association, accompanied by a sum of money equal to the delinquent dues plus a reinstatement fee of $10.00. The member may be reinstated by a majority vote of the Board. Page 2 Rev. 12/89 SECTION 6: Expulsion. Any member may be expelled from this Association for cause, by a two-thirds vote of all members of the Board at a special meeting. Notice of the meeting and a written statement of charges shall be given to the member and he shall be given an opportunity to be heard at the meeting. The reasons for explusion shall be set forth in a resolution of findings approved by two-thirds of all members of the Board.. Cause for expulsion shall include, but shall not be limited to, resignation or termination from the Fire Department of the City of Plymouth, failure to account for money belonging to the Association, or fradulent benefit claims from or attempts to defraud the Association in any way. ARTICLE II OFFICERS, TRUSTEES AND COMMITTEES SECTION 1: Nominating Committee. The Nominating Committee shall consist of five members, who shall be elected for a two year term, providing that three of the initial members elected shall serve for a term of one year and two members for two years. No member shall'serve for more than two consecutive years. The Nominating Committee Chairman shall be elected for a one year term and limited to serve two consecutive years. At least four weeks prior to the Annual Meeting the Nominating Committee shall publish a list of candidates for the position of General Trustees and the Nominating Committee. SECTION 2: Board of Trustees. The Board of Trustees shall be composed of the following: six general trustees, with a minimum of five years membership -in the Association or qualified by the Nominating Committee, and the statutory ex officio trustees with the same rights, privileges and duties as the general trustees: the Chief of the Plymouth Fire Department, the Mayor, City Manager and the Director of Finance of the City of Plymouth. SECTION 3 Term. The Board of Trustees shall consist-oi six members, who shall be elected for a two year I term, providing that three of the initial members elected shall serve for a term of one year and three members for two Iyears. Thereafter, each general trustee shall hold office for the term of two years until a successor has been elected and has qualified. SECTION 4: Elections. The.general trustees shall be members of the Association and shall be elected by the members at the regular Annual Meeting. One of the general trustees may be a retired member of the Relief Association receiving a monthly pension or on a deferred pensionstatus and shall be elected by the members of the Association at the regular Annual Meeting. SECTION 5: Vacancies. If a vacancy occurs during the term of office of any officer or general trustee, the remaining members of the Board of Trustees shall elect a member of the Association to serve for the unexpired term of the vacated position. SECTION 6: Removals. A, general trustee or officer may be removed for cause. Cause.for removal shall include,•but shall not be limited to, the breach of the duties as set forth in Article I-II of these By Laws. One or more of the general trustees or the officers may be removed at a, meeting of the membership which is called for that purpose by a majority vote of those entitled to vote at an election of trustees. Notice of the meeting at which removal is to be con- sidered shall be given to each member and shall Include the purpose of the meet- ing. The general trustee or officer shall be furnished with a statement of the particular charges at least five days before the meeting is to be held. At the meeting, the general trustee or officer shall be given an opportunity -to be heard. If a general trustee or officer is removed, the replacement shall be elected at the same meeting, and in the case of a general trustee, such replace- ment shall serve out the unexpired term of the trustee. SECTION 7: Officers. At the first meeting of the trustees following the Annual Meeting of the members, the trustees shall elect from among the six general trustees, a President, Vice -President, Secretary and Treasurer. SECTION 8: Compensation. Trustees, as such, shall receive no compensation, but the officers may receive such compensation as shall be fixed by the Board. SECTION 9: Other Committees. The Board may designate other committees, the members of which shall be appointed by the President, subject to the consent of the Board. ARTICLE III POWERS AND DUTIES OF OFFICERS AND BOARD OF TRUSTEES SECTION 1: The Board shall have exclusive control of all property and funds of the Association, from whatever source derived, and shall constitute the govern- ing body of the Association with full power and authority' to carry out the objectives and purposes of the Association as set forth in the Articles of Incorporation and the By Laws and the laws of the State of Minnesota. The Board shall prepare plans for the safe and profitable investment of the unappropriated funds of the Association. The Board shall order an audit of the books and accounts of the Association annually and shall submit a written report of the condition of the Association to the members at the annual meeting. SECTION 2: President's Duties. It shall be the duty of the President to attend and to preside at all meetings of the Association and of the Board of Trustees. The President may sign checks issued by the Treasurer and all other papers which require the President's signature. The President shall exercise careful super- vision over the affairs of the Association. SECTION 3: Vice -President's Duties. The Vice -President shall assist the President. It shall be the duty of the Vice -President to perform the duties of the President in his absence. In the absence of both the President and the Vice -President, it shall be the duty of the association to elect a President Pro Tem, who shall perform the duties of the office. The Vice -President may sign checks issued by the Treasurer. a - SECTION 4: Secretary's Duties. Subd. 1. The Secretary shall give the required notice of all meetings of the Association and all members of the Board. The Secretary shall notify each officer and each general trustee of their election or appointment to office. It shall be the duty of the Secretary to keep a true and accurate record in a minute book of the proceedings of all meetings of the Association and of the Board of Trustees. The Secretary shall keep a correct record of all- amendments, alterations, and additions to the Articles of Incorporation or the by laws in a,separate book from the minute books of the Association. The Secretary shall keep a membership roster listing the names and addresses of all members of the° Association together with the date each Individual joined or left the Association. The Secretary shall act as custodian of the seal and records of the Association, sign its official papers, give such notices as may be required and perform such other appropriate duties as may be directed by the Board. The Secretary may sign checks issued by the Treasurer. Subd. 2. At each regular meeting of the Board, the Secretary shall submit a report in writing, showing the names of all persons who have -become or ceased to be members since the last report. SECTION S: Treasurer's Duties. Subd. 1. The Treasurer shall receive and safely keep all money belonging to the Association from whatever source derived, and shall promptly enter in a book provided for the purpose an accounting of all money received and disbursed by the Association, showing the source and objects thereof with the date of each transaction. The Treasurer shall pay out money only upon checks signed by the Treasurer and countersigned by one other officer. Such checks, when paid and cancelled, shall be retained as the Treasurer's vouchers. Such accounts and vouchers shall be available to the Board upon request. Subd.2. At each regular meeting of the Board, the Treasurer shall submit a report in writing, showing the names of all persons to whom money has been paid and the amount paid each, the amount of money received since the last report and the source thereof, the balances of all accounts, the status of all money Invested by the Association and such other information as will show the financ- ial condition of the Association. Subd. 3. At the end of each year, the Treasurer shall prepare a detailed Annual Report of the receipts and expenditures of the Association showing to whom and for what purpose all money has been paid, and file such reports as are or shall be required by state law. SECTION 6: Bond. All officers shall, before commencing the duties of the position, file with the Secretary a good and sufficient bond with sufficient surety approved by the Board, in the amount required by state law. At any time, the Board may require an officer to file an additional bond. The cost of all bonds shall be paid with the special funds of the Association. ARTICLE IV FUNDS SECTION 1: General Fund. Subd. 1. The funds received by this Association from dues, fines, initiation fees,!ente'rtainments and other miscellaneous sources shall be kept in a general fund on the books of the Association and may be disbursed by the Board for the necessary expenses of administering the fund or for equipment and maintenance of the Fire Department of the City of Plymouth, Minnesota and for any purpose reasonably suited'to the welfare of the Associa- tion and its members as authorized by state law. Subd. 2. Upon application, the Board may in its discretion advance monies from the general fund to a disabled member. The amount of such advance shall not exceed the benefits available to the member from the Volunteer Firemen's Benefit Association. A11°payments advanced pursuant -to this section shall be a loan to the member, to be repaid to the general fund, without interest when the member receives disability benefits f rom the Volunteer Firemen's Benefit Association. In obtaining the loan, the member shall=execute such documents as the Board may require. SECTION 2: Special Fund. All funds received by this Association from any tax levied by the City of Plymouth for the benefit of -the Association, all funds received from the State of Minnesota or received by the City of Plymouth from the State of Minnesota for transfer to this Association, and all funds or property donated, granted or devised to this.Association for the benefit of this fund shall be kept in a Special Fund on the books of the Association and shall not be disbursed for any purpose except as follows: annual dues for membership in the Volunteer Firemen's Benefit Association; official surety bonds for the officers; costs:o.f audits and actuarial reports; Investment expenses associated with the Special Fund; medical fees involved in verifying claims for Relief Association benefits; payment of benefits if authorized and paid pursuant to these By Laws. In addition the President's, Secretary's and Treasurer's salary, If any, and registration, lodging, transportation and meal costs incurred by trustees in attending the annual Relief Association State Conference may be disbursed provided that such salaries and expenses may not exceed $2,000.00 per annum without the specific approval of the City Council. SECTION 3: Disbursements. No disbursements of the funds of the Association shall be made except by checks drawn by the Treasurer and countersigned by another officer. Except when issued for salaries, pensions and other fixed charges, the exact amount of which has previously been determined by the Board, no checks shall be issued until the claim to which it relates has been approved by the Board. SECTION 4: Investments. The assets of the special fund of this Association shall be invested by the Board only in such income paying properties and securities as are authorized by state law. The assets of the general fund shall be invested by the Board in any safe, income paying property or security. Page 6 ARTICLE V MEETINGS Rev. 12/89 SECTION 1: Meetings of the Board. The Board shall meet each month, and special meetings of the Board may be called by the President or by any two trustees upon two days' written notice to all members of the Board: SECTION 2: Annual Meeting. The Annual Meeting of this Association shall .be held on the second Wednesday of February each year. The place of meeting shall be designated and may be changed by the Board. If the date of an Annual Meeting falls on a legal holiday, it shall be held on the next succeeding business day.. SECTION 3: Special Meetings. Special meetings of the members shall be called at any time upon the written orderiof the President or of five members of this. Association. In either, case, the order shall be filed with .the Secretary and the Secretary shall thereupon give written notice of the meeting..to,each member of the Board and to each member of this Association entitled to vote at the meeting. Special meetings shall be held more then ten (10) days but not•more than thirty (30) days after written notice of the meeting is distributed by the Secretary. No other business shall .be transacted at a special meeting other than that specified in the notice of the meeting. SECTION 4: Quorums. Except as otherwise stated in these By Laws, five members of the Board shall constitute a quorum for the. transaction of any business at meetings of the Board and a majority of the members4,of the Association shall constitute a quorum for the transaction of any business at the annual or at any special meeting of the members. • A number:, less than a quorum may adjourn any meeting of the Board or the annual or special meeting of the members. SECTION 5: Notice of Meetings. Except as provided otherwise in these By Laws, written notice of each meeting of the Board and of each meeting of the members, as the case may be, shall be given by the Secretary to each officer, each general trustee and each member entitled to v:;,_ at the meeting. SECTION 6: Order of Business. At the Annual Meeting, the order of business shall be as follows: a) Call to order b) Roll call c) Reading of minutes.of previous meetings d) Reports of Officers e) Committee reports f) Unfinished business g) .Election of Trustees h) New business i) Adjournment SECTION 7: Voting. Each member in good standing shall be entitled to one vote upon any matter voted upon by the membership. Cumulative voting and voting by proxy shall not be permitted. Voting by mail may be permitted, but only by order of the Board. SECTION 8: Rules. All meetings shall be conducted according to Robert's Rules of Order, as revised. ARTICLE VI APPLICATIONS FOR BENEFITS SECTION 1: Form. All applications for disability or pension benefits shall be in writing on forms supplied by the Secretary. SECTION 2: Applications for Disability Benefits. Subd. 1. All applications for disability benefits shall be considered by the Board at the next regular or special meeting of the Board. The applications shall be accompanied by a certi- ficate from the attending City of Plymouth Fire Department Relief Association Physician, setting forth the nature of the illness or injury, the cause and probable duration thereof, and the length of time the applicant has been unable to perform firefighting duties. By making application for disability benefits the member consents to examination by a physician of the Association's choice. Subd. 2. Applications for disability benefits shall be submitted to the Secre- tary by or on behalf of the applicant within 30 days after the disability com- mences, and no disability benefits shall be paid for the period prior to 10 days before the application is submitted. Subd. 3. The decision of the Board with respect to any disability benefit request or subsequent review shall be final. Disability benefits may be terminated by the Board at any time, if in the Board's sole judgement the fire- fighter is able to return to- duty. In no case shall disability benefits continue for a period of more than fifty-two (52) weeks from the date the disability commenced. SECTION 3: Application for Pensions. All applications for pensions shall be submitted to the Secretary and considered by the Board at the next following regular or special meeting of the Board. Applications shall be verified by an oath of the applicant and shall state the following: a) the age of the applicant; b) the period of active service in and date of retirement from the Fire Department of the City of Plymouth, Minnesota, less any time on an authorized leave of absence; c) the length of time the applicant has been a member of this Association; and d) such other and further information as the Board may require. SECTION 4: Approval of Applications. No benefit or pension shall be paid until the application therefore has been approved by a majority vote of all members of the Board. Lump sum pension benefits shall be paid within six months, and monthly pension benefits shall be paid within three months from the date of approval. No person receiving a pension shall be paid any other benefits by this Association. In refusing any application, the Board shall state its reasons in writing to the applicant. Page 8 ARTICLE VII DEFINITIONS Rev. 12/89 Subd. 1. For the purposes of Article VIII, IX, X and XI of these By Laws, the terms defined in this section shall have the following meanings: Subd. 2. A "Retired Member with Financial Interest" means a member of this Association: (a) who has terminated active service with the Fire Department of the City of Plymouth, Minnesota, and (b) who has had an active period or periods of service in the Fire Department of ten (10) years or more although such service need not be continuous, and (c) who has reached the age of fifty (50) or more, and (d) who has been a member of this Association in good standing for at least ten (10) years, and (e) who has not received a lump sum pension. Subd. 3. A "Retired Member without a Financial Interest" means -a member of this Association: (a) who has terminated active service with the Fire Department of the City of Plymouth, Minnesota; and (b) who has had an active period or periods of service in the Fire Department of ten (10) years or more, although such service need not be continuous; and (c) who has reached the age of fifty (50) or more; and (d) who has been a member of this Association in good standing for at least ten (10) years; and (e) who has received a lump sum payment in lieu of any other benefits of this Association. Subd. 4. A "Disabled Member" means a member of this Association who becomes physically incapacitated from active duty with the City of Plymouth, Minnesota, Fire Department because of illness or injury arising: (a) as a direct and immed- iate result of fighting a fire or answering a fire call assigned to this Depart- ment where such injury or illness occurs at the fire scene or enroute to or from the fire scene; or (b) during the course of and as an immediate result of parti- cipation in a bona fide City of Plymouth fire fighting training session or main- tenance detail; or (c) within 48 consecutive hours of fighting a fire or answer- ing a fire call and which injury or illness can be shown to be the direct result of such activity; or (d) during the course of or as an immediate result of participating in an authorized meeting of the City of Plymouth Fire Department Relief Association. Subd. 5. A "Surviving Spouse" means any person who was the dependent spouse of a deceased active member or retired former member living with the member at the time of the death of the active member or retired former -member for at least one year prior to the date on which the member terminated active service and member- ship. Subd. 6. A "Surviving Child" means any surviving natural born or legally adopted child who is: (a) living with the parents, dependent on the support of the parents, attending school full-time and not over twenty-one (21) years of age; or (b) living with the parents, dependent on the support of the parents, not attending school full-time and not over eighteen (18) years of age; or (c) living with the parents, dependent on the support of the parents, and physically or mentally handicapped. All claims of physical or mental handicap shall be subject to verification by the attending Relief Association physician and approved by majority vote of the Board. Decisions of the Board with respect to any determination regarding physical or mental handicap, or subsequent review, shall be final. ARTICLE VIII SERVICE PENSIONS SECTION 1: Monthly Pension.. Upon approval of the application as provided in ARTICLE VI, Section 4., a member who has completed a minimum of ten (10) years of active service as a Firefighter, shall be paid $ 24.00 per month for each complete year of service not to exceed $720.00 per month, which is the equivalent of 30 years.of service. For members with less than twenty (20) years of service, this. amount shall be reduced in accordance with the percentage reduction in ARTICLE VIII, Section 3. .This payment commences at, the age of fifty (50) years or at retirement date, whichever is later and continues for the remainder of his or her natural life. Members who have retired shall not be eligible for any future increase in pen4lon benefits. SECTION 2. Lump Sum Pension. Upon approval of the application, a member who has completed a minimum of ten -(10) years of service as a Firefighter shall have the option to receive a Lump Sum Pension of $3,000.00 per year of service not to exceed an amount greater than $90,000 which is the equivalent of 30. years of service. For members with less than ;twenty (20) years of service, this amount shall be reduced in accordance with the vesting percentage reduction in ARTICLE VIII, Section 3. The Lump Sum Pension is in lieu of any other benefits under these By Laws and shall be payable at the age of fifty (50) or at retirement da ever is later .In t -he event of the death of the person pr payment of the lump sum pension, it shall be paid to the Executor, Administrator or Personal Representative of:the deceased-. SECTION 3: Graded Vesting Percentage. Percentage of :benefits payable upon retirement is as follows: YEARS OF SERVICE AT RETIREMENT PERCENTAGE PAYABLE PERCENTAGE REDUCTION 10 60% 40% 11 64% 36% 12 68% 32% 13 72% 28% 14 76% 24% 15 80% 20% 16 84% 16% 17 88% 12% 18 92% 8% 19 96% 4% 20 100% 0% Page 10 Rev. 12/89 SECTION 4: Deferred Pensions. If a member of the Association has been a member of the Association for ten (10) years or more and has actively served in the Plymouth Fire Department for ten'(10) years or more, but has not reached the age of fifty (50) years, the member may terminate active service with the Plymouth Fire Department'and be placed on the deferred pension roll. When the member reaches the age of fifty (50) years, he shall be entitled to a service pension based on his years of service and the benefit level in effect at the time he terminated such service. The benefit calculated shall be multiplied by the percentage payable based on years•of service at termination. During the period a member is on the deferred pension roll, the member will not be eligible for any of the disability benefits as provided in ARTICLE IX. If a member dies while on the deferred pension roll, survivor's benefits shall be paid according to ARTICLE X, Sections 1 and/or 2, and ARTICLE XI, Section 2. SECTION 5: Single Pension. (a). No person receiving a lump --sum pension from the Association shall be paid any other benefits by the Association. ,If a member is receiving or is eligible to receive a Public Employees Retirement Association (PERA) pension where the services were primarily for the Plymouth Fire Department in actual fire fighting activities and the City of Plymouth was the employer, then the Plymouth Volunteer Firefighters Relief Association monthly pension that the member would receive under ARTICLE VIII, Section 1, shall be reduced by the amount of the member's monthly PERA pension, providing, however, that no person receiving a pension from the Association as of December 9, 1981 shall have that pension reduced by the application of this provision. b). If a member elects to receive a lump sum Ing or is eligible t for the Plymouth Fire of Plymouth was the receive under ARTICLE the percentage that t VIII, Section 5(a). receive a PERA pension Department in actual fire employer, then the lump VIII, Section 2, shall be he member's monthly pensi pension and 'the member is receiv- where the services were primarily fighting activities and the City sum pension that the member would reduced by a percentage equal to on would be reduced under ARTICLE ARTICLE IX DISABILITY BENEFITS SECTION 1: Disability Benefits. Upon approval of the application, the sum of 170.00 per month shall be paid to each disabled member during the period of disability. Benefits for periods of less than a month shall be computed at 1/30 of monthly rate per day and no benefits shall be paid for a disability of less than ten (10) days. Such benefits shall be integrated with any benefits received from the Minnesota Public Employees Retirement Association (PERA) for Police Officers and Firefighters. SECTION 2: Disability Pension. If a vested member of this association shall become totally and permanently disabled, to the extent that a physician or surgeon acceptable to the Board of Trustees shall certify that such disability will permanently prevent said member from performing his duties in the Plymouth Fire Department, the Association will pay to such member a monetary sum per Article VIII, Section 2 factored according to the member's age at the time of disability for each year that he has served as an active member of th Plymouth Fire Department. The percentage of benefits payable upon a disability pension is as follows: ARTICLE X SURVIVING SPOUSE'S AND CHILDREN'S BENEFITS SECTION 1: Spouse's Benefits. Upon the death of an active member, or a retired member with financial interest, the surviving spouse shall be paid for the remainder of the spouse's natural life or until the spouse remarries, the sum of fifty percent (50%) of earned benefits per month for each year that such member served as an active member of the Plymouth Fire Department. SECTION 2: Children's Benefits. Upon the death of an active member, or a retired member with a financial interest, the child or children (as a group) shall be paid until the youngest surviving child reaches the age of 18 years or If a full time student the age of 21 years whichever occurs first, the sum of fifty percent (50%) of earned benefits each month for each year that such member served as an active member of the Plymouth Fire Department. Such child's or children's pension shall be paid to the surviving parent or guardian of the child or children. Lump Sum Lump Sum Age Factor Age Factor 49 95 34 46 48 91 33 44 47 86 32 42 46 82 31 40 45 78 30 38 44 75 29 36 43 71 28 34 42 68 27 33 41 64 26 31 40 61 25 30 39 58 38 56 37 53 36 51 35 48 ARTICLE X SURVIVING SPOUSE'S AND CHILDREN'S BENEFITS SECTION 1: Spouse's Benefits. Upon the death of an active member, or a retired member with financial interest, the surviving spouse shall be paid for the remainder of the spouse's natural life or until the spouse remarries, the sum of fifty percent (50%) of earned benefits per month for each year that such member served as an active member of the Plymouth Fire Department. SECTION 2: Children's Benefits. Upon the death of an active member, or a retired member with a financial interest, the child or children (as a group) shall be paid until the youngest surviving child reaches the age of 18 years or If a full time student the age of 21 years whichever occurs first, the sum of fifty percent (50%) of earned benefits each month for each year that such member served as an active member of the Plymouth Fire Department. Such child's or children's pension shall be paid to the surviving parent or guardian of the child or children. Page 12 ARTICLE XI DEATH BENEFITS Rev. 12/89 SECTION 1: Upon the death of a member who at the time of the member's death was an active member of the Plymouth Fire Department, the Association shall pay the sum of $2,500.00 to the surviving spouse, or if the member leaves no surviving spouse, to the member's surviving child or children, or if the member leaves no surviving spouse or children, the member's estate. SECTION 2: Upon the death of a retired member with a financial interest, the Association shall pay the sum of $1,000.00 to the retired member's surviving spouse, or if the retired member leaves no surviving spouse, to the retired member's surviving child or children, or if the retired member leaves no surviving spouse, child or children, to the retired member's estate. Approved by the Plymouth Fire Relief Association Date: Presid Secret Approved by Plymouth City Council Date: December 18, 1989 Resolution No. 89-826 Mayor: City Manager: ty of le Grove 9401 Fernbrook Lane, Maple Grove, Minnesota 55369-9790 February 1, 1993 Representative Warren Limmer 327 State Office Building St. Paul, MN 55155 Dear Warren: L 612.420-4000 The Maple Grove Fire Relief Association would like to have you introduce the attached proposal. Basically, it provides the option for the City to increase the retirement pension of our fire department if they are assured that the funds are available. At the present time there is a legislative cap (see attached 69.772 subd. 2) at 3000 of accrued liability per firefighter. Our retirement fund has grown extremely well through careful management. By having the incentive to continue to manage it, there is the likelihood that funding could well provide the option for the future to exceed that $3000 cap. Preserving the volunteer fire department is a critical component of keeping all costs of local government under control. A part of that requires that the incentives to be a volunteer firefighter remain high so that the professional person moving into our city, of which there are more and more of, remain motivated to join. As it stands now, that won't be as easy as it has been in the past. Your help on this proposal is most appreciated. Sincerely yours, PnEltam.' City Administrator JE:jb cc: Jack Becker - Fire Department Scott Anderson Att. Serving Today, Shaping Tomorrow" AN EQUAL OPPORTUNITY EMPLOYER James Deane David Burtness Irene Koski Donald J. Ramstad Mayor Councilmember Councilmember Councilmember Printed on Recycled Paper L=Ann Sargent Councilmember Agenda Number: 7—A TO: Dwight D. Johnson, City Manager FROM: Laurie Rauenhorst. y Clerk SUBJECT: DETERMINATION OF WHETHER A HEARING SHOULD BE HELD ON KENNY'S INC. OFF -SALE INTOXICATING LIQUOR LICENSE DATE: February 24, 1993, for Council Meeting of March 1, 1993 1. ACTION REQUESTED: Determine whether to proceed with a public hearing to consider the revocation, fining, or suspension of the off -sale intoxicating liquor license of Kenny's Inc., 12 Nathan Lane North. A resolution establishing a public hearing for March 29 is attached for Council consideration. 2. BACKGROUND: On July 27, 1992, an incident involving the sale of liquor to a minor occurred at Kenny's Inc., 12 Nathan Lane North. A copy of the police incident report is attached. Michael J. Ridley, an employee of Kenny's Inc., was given an initial court date of August 7 and a subsequent jury trial date of December 10. On December 18, 1992, he pled guilty to a misdemeanor charge of illegally selling alcohol to a minor. The imposition of a sentence on Mr. Ridley was stayed one year, and he was placed on probation. It has been the City's practice to allow the criminal judicial process to be completed before deciding whether any civil penalties should be imposed against the licensee. 3. ALTERNATIVES: The Council should review the police incident report and the Assistant City Attorney's letter outlining the disposition of this case. The Council could: 1) Elect to do nothing if they believe the incident on July 27 does not constitute just cause to consider further action or 2) Schedule a public hearing to consider whether civil action should be taken against the licensee. The purpose of the hearing is to determine whether there are grounds for imposing a fine, suspension or revocation of the license. Memo - Kenny's Inc. March 1, 1993 Page 2 City Attorney Meller indicates that this type of hearing could be brief or could last several hours. If the hearing becomes lengthy, the Council could continue the hearing to a future Special Council Meeting or could direct that a hearing examiner/administrative law judge be retained to conclude the hearing. The hearing examiner would preside over the hearing and make a recommendation for a decision by the City Council. The Council is not bound by the findings and recommendations of the hearing examiner. 4. DISCUSSION: A liquor license issued by the City may be denied, suspended, or revoked by the Council after a hearing is granted to the licensee. Staff believes that the incident on July 27, 1992, meets the minimum standards for license suspension or revocation as set forth in Plymouth City Code Section 1005.21 (f): "violation of any regulation or provision of this Code applicable to the activity for which the license has been granted. " Assistant City Attorney John Boyle notes in the attached letter with respect to this incident that Mr. Ridley, the Kenny's Inc. clerk, believed the minor was 21 years of age, but he confessed not checking the driver's license. Mr. Ridley believed the minor was 21 years old because he had seen the owner of the liquor store sell alcohol to the minor without checking his identification. Therefore, he concluded that the person must have been of age. If the Council establishes a public hearing to consider civil action against Kenny's Inc., the staff report for the hearing will compare this violation to previous violations involving Kenny's Inc., and the resulting Council action on each. The most recent violation considered by the City Council was at Kenny's Inc., in 1990 involving a different employee. The Council previously directed Kenny's Inc., to initiate a written, aggressive identification carding program to be shared with employees including disciplinary action for clerk failure to card customers. The written program was submitted to the City on August 8, 1989 (attached). 5. BUDGET FOPACT: The City Attorney estimates that the cost of a hearing conducted by a hearing examiner/administrative law judge could reach $2,500. This includes only the charge for the hearing examiner and for the transcript. Other costs such as City Attorney and staff time at the hearing are not included in this estimate. 6. RECOMMENDATION: I recommend that the Council schedule a public hearing for March 29 to consider whether civil action should be taken against Kenny's, Inc. Based on Mr. Ridley's guilty plea to the court, staff believes there is sufficient cause for the Council to schedule a public hearing. The licensee would be advised of the hearing and of the violation which is considered to be cause for the action. CITY OF PLYMOUTH RESOLUTION 93 - ESTABLISHING A PUBLIC HEARING TO CONSIDER THE SUSPENSION OR REVOCATION OF AN OFF -SALE INTOXICATING LIQUOR LICENSE ISSUED TO KENNY'S INC., 12 NATHAN LANE WHEREAS, Plymouth City Code provides that an off -sale intoxicating liquor license issued by the City Council may be denied, suspended, or revoked by the Council for violation of any crime or misdemeanor pertaining to a license held or applied for, subject to the provisions of Minnesota Statutes Chapter 364; and WHEREAS, Plymouth City Code Section 1005.23 provides that no license may be suspended or revoked until after a hearing is granted to the licensee; and WHEREAS, the Public Safety Department has reported that an incident relating to the sale of intoxicating liquor to a minor occurred on July 27, 1992; at Kenny's Inc., 12 Nathan Lane, and WHEREAS, the City Attorney has advised that the criminal matter relating to this offense was resolved on December 18, 1992. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Plymouth, Minnesota, that it hereby schedules a public hearing at 7:00 p.m. on Monday, March 29, 1993, to consider the suspension, fining, and/or revocation of the off -sale intoxicating liquor license issued to Kenny's Inc., 12 Nathan Lane North. Adopted by the City Council on March 1, 1993. C'FFEN E NUMBER El OWN MENT PERSON ONE OFFENSE /INCIDENT REPORT L--1 vu"' e t' lDomestic 0 70 DISPATCHED: lZZ3 VED: AR172IZ3 CLEAR D: OFFICE 7Z USE ONLY REF TO INV DATE REPORTED INV. ASSIGNED RESIDERCS PHONLI NUMBER: CLEA ED BY GE: DATE OF BIRTH: EMPLOYER/SCHOOL NAME. ADDRESS: TYPE OF INJURY: 01 APPARENT BROKEN BONES BUSINESS PHONE NUMBER: OCCUPATION / TITLE: ElPENDING ARREST EXCP. ASSIST/ADVISEF UNF ASIAN PACIFIC ISLANDER OTHER PFC HEIGHT: OFFENSE/INCIDENT CLASSIFICATION LITERAL 7}/ / CODE SEX: DISP. LITERAL ,/ k7M DISP, VICTIM OF OFFENSE NUMBER: 1 02 3 4 5-0 6 TYPE OF INJURY: 2 't or/"asS 19 ERAL CODE 3 TYPE OF INJURY: 01 APPARENT BROKEN BONES DISP. LITE OA L CODE DISP. i. HEADINECK 2. ARMSMANDS O 4. TORSO 3. LEGSIFEET V CTS RELAT TO SUSP/ARRESTEE: I PARENT/ GUARDIAN NAME: (JUV.ONLY) PARENT/ GUARDIAN ADDRESS: (JUV. ONLY) GUARDIAN PHONE ar: JLITERAt-r P CG CODE DISP. LITERAL CODE DISP. 5 6 i ADDRESS OF INCID NT (STREET,APT,CITY,STA IP CODE): , !/ NAME OCA IOWBUSINEztaw_.,, tey DATE /TIME OF INC EN rw000DES: / r/ ARRESTS) MADE: ES NO'BADGE x(S) SO iiWI4MPerson / START: C END: '7 Z P.Prgrr v vu a %Z Z Ipm R,ao CITATION(S) ISSUED: ES NO ZS o2yr—T WrTN COM El OWN MENT PERSON ONE PERSON TWO NAME (UST RST, DE): 1 I ADDRESS (STREETa4PT,CITY,STATE2IP CODE): AGE: DATE OF BIRTH: EMPLOYERSCHOOL NAME, ADDRESS: 0 5I, 17? Iva A /t% RESIDERCS PHONLI NUMBER: DATE OF BIRTH: GE: DATE OF BIRTH: EMPLOYER/SCHOOL NAME. ADDRESS: TYPE OF INJURY: 01 APPARENT BROKEN BONES BUSINESS PHONE NUMBER: OCCUPATION / TITLE: DAY / TIMES AVAILABLE: RACE: WHITE Cl BLACK HISPANIC NATIVE AMERICAN VICT'S RELAT TO SUSP/ARRESTEE: ASIAN PACIFIC ISLANDER OTHER WHITE BLACK HISPANIC NATIVE AMERICAN HEIGHT: WEIGHT: ASIAN PACIFIC ISLANDER OTHER SEX: HEIGHT: WEIGHT: MEDICAL TREATMENT: D.L OR I.D. !: VICTIM OF OFFENSE NUMBER: 1 02 3 4 5-0 6 TYPE OF INJURY: YES NO 1 02 3 04 0 6 TYPE OF INJURY: 01 APPARENT BROKEN BONES 02 POSSIBLE INTERNAL 03 SEVERE LACERATION MOST SERIOUS INJURY, LOCATION: o * 04 APPARENT MINOR INJ. 05 OTHER MAJOR o6 LOSS OF TEETH 07 UNCONSCIOUSNESS i. HEADINECK 2. ARMSMANDS O 4. TORSO 3. LEGSIFEET V CTS RELAT TO SUSP/ARRESTEE: I PARENT/ GUARDIAN NAME: (JUV.ONLY) PARENT/ GUARDIAN ADDRESS: (JUV. ONLY) GUARDIAN PHONE ar: PARENT / GUARDIAN PHONE #: PARE—NT! VI;T WITN COM OWN E OWN MENT PERSON THREE PERSON TWO NAVE ST,FIRST,MIDDLE): ADDRES E,ZSTREET,APT,C STATI CODE): AGE: DATE OF BIRTH: EMPLOYERSCHOOL NAME, ADDRESS: BUSINESS PHONE NUMBER: OCCUPATION / TITLE: DAY /TIMES AVAILABLE: RACE Iva A /t% IDENCE PHONE NUMBER: GE: dP DATE OF BIRTH: EMPLOYE L NAME, ADDRESS: BTBU ypIESS PI ONE : ` OCCUPATION /TITLEC TYPE OF INJURY: 01 APPARENT BROKEN BONES ES AVAlt*BtE. MOST SERIOUS INJURY, LOCATION: HEAD/NECK 2. 71 OTHER MAJOR 06 LOSS OF TEETH 07 UNCONSCIOUSNESS WHITE Cl BLACK HISPANIC NATIVE AMERICAN VICT'S RELAT TO SUSP/ARRESTEE: ASIAN PACIFIC ISLANDER OTHERSEX: HEIGHT: WEIGHT: VICTIM OF OFFENSE NUMBER: YES NO 1 02 3 4 5-0 6 TYPE OF INJURY: MOST SERIOUS IWURY LOCATION: 01 NT B 1. HEAD:NECK04 APPARENT MINOR INN. 05 OTHER MAJOR 06 [I2. ARMS' LOSS OF TEETH 07 UNCONSCIOUSNESS 4 TORSO ET VICT'S RELAT TO SUSP/ARRESTEE: PARENT / GUARDIAN NAME: (JUV. ONLY) PARENT / GUARDIAN ADDRESS JUV. ONLY PARENT / GUARDIAN PHONE #: VICT WITN COM OWN MENT PERSON THREE NAME (LAST,FIRST,MIDDLE). ADDRESS (STREET,APT,CITY,STATEZIP CODE): RESIDENCE PHONE NUMBER: AGE: DATE OF BIRTH: EMPLOYERSCHOOL NAME, ADDRESS: BUSINESS PHONE NUMBER: OCCUPATION / TITLE: DAY /TIMES AVAILABLE: RACE WHITE BLACK HISPANIC NATIVE AMERICAN HEIGHT: ASIAN PACIFIC ISLANDER OTHERSEX: WEIGHT: MEDICAL TREATMENT: D.L. OR I.D. N: VICTIM OF OFFENSE NUMBER: YES W 0102 03 405 6 TYPE OF INJURY: 01 APPARENT BROKEN BONES 02 POSSIBLE INTERNAL 03 SEVERE LACERATK)N MOST SERIOUS INJURY, LOCATION: HEAD/NECK 2. 04 APPARENT MINOR INJ. D5 OTHER MAJOR 06 LOSS OF TEETH 07 UNCONSCIOUSNESS 1. ARMSIHANDS 03. LEGS/FEET 4 TORSO VICT'S RELAT TO SUSP/ARRESTEE: PARENT / GUARDIAN NAME: (JUV. ONLY) PARENT / GUARDIAN ADDRESS: (JUV. ONLY) PARENT / GUARDIAN PHONE a, Ir- J A DESCRIPTION TABLE (USE AS MANY AS APPLY) _ m w R/L HANDED HAIR ST -11 F IaalR I FNGTH FACIAL HAIR COMPt ExION TFFTM APPEARANCE SPEECH PERSON WORE I . LIGHT 1 . RKaHT 1 . STRAIGHT T 1 - NONE 1 . LIGHT 1 - NORMAL 1 - DIRTY 1 . REGIONAL 1. GLASSES 2. MEDIUM 2 . LEFT 2. CURLY -WAVY M 2 . LMSHAVEN 2. MEDIUM 2. BROKE WISSING 2. NEAT 2. FAST 2 . WIG 3 - HEAVY 3 . BOTH 3 • AFRONATURAL OCCUPATKK TITLE: 3. FUZZ WHISKER 3 - DARK 3 • CROOKED 3 • DRU K`DRUGGED 3 - SLOW 3 . MASK M . OBESE M . UNKNOWN M . JERI CURL DING 1. MOUSTACHE 1. ACNED' M - DECAYED M . VIOLENT M . FOUL 4 - GLOVES ll 116'0 S - UNKEMPT 6. BRAIDED 7. PONY TAIL NGt S - SIDEBURNS 6. BEARD 7 . FU MANCHU POCKMRKD S. RUDDY 6. TANNED S - BUCK TEETH 6. SILVER TOOTH 7. GOLD TOOTH S . NERVOUS 6. APOLOGETIC 7 . FRIENDLYoGGENTU S. SLURRED 6. EASTERN 7. SOUTHERN S - EARRINGS 6. NOSE RING 99 . OTHER EVE COLOR INJURY TYPE 1 . SPOWN 1 . APPARENT BROKEN Oq 2 -BLUE BONES I-PLNKMOHAWKI. GOATEE 7 -FRECKLED 6. DLWOND TOO I. VULNERABLE ADULT 6 -FOREIGN REMAIS /ADDITIONAL DESCRIPTION 3. HAZEL 2 -POSSIBLE I(TERNAL I. DIRTYGREASVWN 1 yy ,OTHER MULATTO 9. INLAID DESIGN 9. DISTURBED 9. USP/STLMMR GREEN 3- SEVERE LACERATION 10-DYED9A61TED 99 -OTHER 10. BRACES 10. TRANSVESTITE 10 -NASAL BUCKS.8 M .APPARENT MINOR VL. 99 . OTHER CK 3 - BUCK 99 •OTHER I; • SUSP GANG MEMBER 11 . GRUFFhiASPY 6 • AQUA 5. OTHER MAJOR M -RED 12 . SUSP BIKER 99 •OTHER 7. VIOLET 6-LOSSOFTEETH S •GREY t3. FWG.TND SHROCKED 99. OTHER 7. UNCONSCIOUSNESS 6-WHih p9. OTHER 99 • OTHER AJIAI /ii.o &_ In //14c/,a41_ ML//4'41 PN*4_ f/D A- - >ARRESTED SUSPECT MISSING PERSON NUMBER TWO 0c'6 RRESTED S SPECT MISSING PERSON NUMBER ONE ADDRESS.APT,CIT' STAT P CCF, N AN EMPLOYEPLSCHOOL NAME, ADDRESS.CITY.STATEZIP CODE v Ar)r)RF QTATC 71P Pnnrr NICKNAME./ AKA. RESIDENTK )PH5 MB_E RESIDENT PHONE N M E: DATE OF EMPLOVE_R/$ HOOL NAME, ADDRESS,C I CODE I'l I a o ETH BUSIN S$ jELE1'y{xIE- OCCUPI IC I Ll LJ S7 C iSPEECH. PERSON WORE. BUSINESS TEL OCCUPATKK TITLE: AICKNAVE / AKA: CITY /STATE OF ORIGIN: DRIVERS LICENSE STATE AND NUMBER: RACE: SEX: HEIGHT:/ WEIGHT. BUILD: COMPLEXION: ITE BLACK HISPANIC NATIVE AMERICAN ASIAN PACIFIC ISLANDER OTHER EYE COL ll 116'0 HAIRLENGTH. 2 - MEDICAL TREATMNT. EYE COL R R/L HANDED K URYYPEL: Ni HAIR STYLE: I HAIR LENGTH: OR: YES O ) c-1 l Ar z 1 T\ F ;CIA[ AIR: TE A REMAIS /ADDITIONAL DESCRIPTION SPEE H: CP4SON WORECf1 ETH ASD I LC PPEgi>, 4NCE: C/- PARENT / GUARDIAN ADDRESS I PARENT / GUARDIAN PHONE NUMBER. I I RE PA F PARENT/ TVARD f/D A- - >ARRESTED SUSPECT MISSING PERSON NUMBER TWO 0c'6 NA (LAS .FIR;iT,MIDDLE): RESIDENT PHONE NUMBER. ADDRESS.APT,CIT' STAT P CCF, EMPLOYEPLSCHOOL NAME, ADDRESS.CITY.STATEZIP CODE v 30 (i' SnL NICKNAME./ AKA. RESIDENTK )PH5 MB_E AGE: DAT F= I EMPLOY OOL NAME, A DREG S,CfTY.STATE,zIP CODE I BUILD: COMPLEXION MEDICAL TREATMNT: EYE COLOR. I R/L HANDED. YES NO i INJURY TYPE: : HAIR STYLE: HAIR LENGTH: HAIR COLOR. BUSIN S$ jELE1'y{xIE- OCCUPI IC I Ll LJ S7 C iSPEECH. PERSON WORE. NICKNAME : CITY / TATE (GIN: S PARENT / GUARDIAN NAME. DRIVERS LICENSE STATE UMBE RWEIGHT: c f R9CE C7 -ITE BLACK HISPANIC NATIVE AMERICAN ASIAN PACIFIC ISLANDER OTHER, SEX: HEIGHT DQ BBUIUUI ILD, KDCOMpjEXN. MEDICAL T OAY EYE COL R1 HANDED. i INJURY BE. i HAIR STYLE: HAIRLENGTH. HAIR COL EST O FACt7P L HAIR. TEETH APP ARANCE. SPEECH -4j/ PERSON WORE. REMAIS /ADDITIONAL DESCRIPTION PARENT /GUARDIAN NAME. Nise 410,0C15:!25- FigP,9 ASD I LC C S X135 PARENT / GUARDIAN ADDRESS I PARENT / GUARDIAN PHONE NUMBER. I I ARRESTED SUSPECT MISSING PERSON NUMBER THREE NAME (LAST,FIRST.MIDDLE): ADDRESS.APT,CITY,STATE.ZIP CODE: RESIDENT PHONE NUMBER. AGE. DATE OF BIRTH: EMPLOYEPLSCHOOL NAME, ADDRESS.CITY.STATEZIP CODE BUSINESS TELEPHONE OCCUPATIONTITLE-. NICKNAME./ AKA. CITY / STATE OF ORIGIN: DRIVERS LICENSE STATE AND NUMBER: RACE WHITE BLACK HISPANIC NATIVE AMERICAN ASIAN PACIFIC ISLANDER OTHER I SEX: HEIGHT: WEIGHT: I BUILD: COMPLEXION MEDICAL TREATMNT: EYE COLOR. I R/L HANDED. YES NO i INJURY TYPE: : HAIR STYLE: HAIR LENGTH: HAIR COLOR. FACIAL HAIR. 1TEETH. ( (APPEARANCE//: iSPEECH. PERSON WORE. REMARKS / ADDITIONAL DESCRIPTION PARENT / GUARDIAN NAME. PARENT /GUARDIAN ADDRESS PARENT / GUARDIAN PHONE NUMBER: I MUDUS OPEHArvUI IAOLt kL IILL:K A5 MANY AS APPLY) RECOGNIZABLE MO CIRCUMSTANCES ARE VERY UNIQUE RELATIONSHIP TO ANOTHER CRIME/OCCUR. SUSPECT INFORMATION CRIME LOCATION IMPERSONATED SOLICITED/OFFERED FORCED VICTIM TO REQUIRED FOR BURGLARIES/OTHER CRIME ROBBERIES ENTRY EXIT METHOD OF ENTRY IMPLEMENT USED BURG CIRCUMSTANCES RESIDENCE 1 [3 MALICIOUS DESTRUCTION 2. HIT/ASSAULTED 1 .ROOF 0 1 . D BREAK/CUT GLASS t.0 BOLT CUTTER 1-0 ALARM INOPERATIVE 1 . SINGLE FAMILY 15 -^J FASTFOOD 28 -0 MTC BUS 2.01UPPER LEVEL 0 2. 0 BREAK DOOR 2-0 BRICK/ROCK 2-0 ATTEMPT/ 3 . El RANSACKED ONLY PORTION RESTAURANT 5 - ^ EXITING HOME II - GAMBLING 5.0 SHOT/SHOT AT 12 - 0 DISTRACTED 4 - 0 DRUNK 4.0 DRUGS DEFEAT ALARM 2. DDVPLFJf 4.0 PURSE SNATCH 29.MTC RECITED 3.0GROUND LEVEL 3 - SLIPRRY DOOR 3. CHANNEL LOCK/ 99.OTHE (SPECIFY). 5 - D EMPLOYEE/ 5.0 FOODARINK/CANDY 16 -0 GAS STATION 5. ANAL SEX 5-0 USED HOTS 5 . D KNEW LOCATION OF HIDDEN EMPLOYER VICE GRIP 3-0 TRIP ALARM J . D APARTMENT VALUABLES 3p .[]LAIROADJTRAIN t -08ASEMENT 4. 0 CUT/BREAK LOCK 6. DID NOT COMPLETE CRIME 6-D FRIEND 7-0 MONEY 6-0 OPEN SAFE 17.0HOTELJMOTEL 7. D INJURED 7. D BAG OR SACKA40NEY 4 . D CHOPPING TOOL 4 .O CONDO'TWNHSE 8.0 PROSTTTUTIOWSEX 31 -[1BOAT 5 -DOOR 5. CHOPSMASHI e - POLICEAAw 4-0 BURGLARIZED IN 18 -0 MFGICONSTAUC. 8.0 LEFT TOOLS AT SCENE 9- RIDE 9-0 ORAL SEX 5. CUTTING TORCH PAST 12 MONTHS 5.D MULTIFAMILY 99 . D OTHER (SPECIFY): OTHER AREAS 6.D WINDOW 6. CUTIBREAK SCREEN 19 .D PARK LOT/RAMP 99-0 OTHER (SPECIFY): 11-0 MULTIPLE RAPES 6.0 FEETMANDS 5-0 ADMIT STRANGE W 6.0 GARAGE 32.0 STREET 7 -0 WALL 0 7 . HID IN BLDG 12. RIPPEDICUT CLOTHES TRADESMAN PAST 7 DAYS 20 -RETAIL OUTLET 12. D PUT VALUABLES IN BAG 7. HUMMER 7.0 SECTION 8 HOUSING 33 . ALLEY e-OCEILING 8 . PILL LACK 6 • REC UNUSUAL CALLS 14 . 0 SOLICITING 21 . MALUCOMMONS 44. USED LUBRICANT 15. D PHONED VICTIM (BEFORE/AF"TER) 15 - SURVEY 0.0 KEY IN PAST 7 DAYS BUSINESS 16. 0 OTHER (SPECIFY) 3a . VACANT lDT/BLDG 9.0 GARAGE 9 • REMOVE AIC OR FAN 22 - WAREHOUSE 9 .0 PRYING TOOL 7-0 TENTEDAINDER e.DBANK z3 OTHER 35.0 WOODED LOT 10.OFLOOR 10- REMOVE WINDOW; CONSTRUCTION BUS . DOOR 10-0 SAWA)RILL 9 - BAR 24 . OFFICE BLDG. 36 -D PRK/PRK t 1 - FRONT e - _ 11 - D SMASH AND GRAB 11 . D SCREWDRIVER OPENED SAFE10 • DGONV STORE 37.0GOlF COURSECOURSE 12. DSIDE CONVEYANCE 12. D NO FORCE EVIDENT 12 - D OTHER (SPECIFY): 9-0 RECENT DEATH IN 11.DCHURCH 38.0 SCHpOLIPRIVATE 13.0 REAR 0 FAMILY 25 -ED AUTO 99 - OTHER (SPECIFY): t2 • DDRLIG STORE 39 . SCF40pLRUBLIC NUMBER OF PREMISES t0. ALARM NOT TRIPPED 26 • TRUCK 13 . DDR OFFICE 40 -0 GOVERNMENT BLDG ENTERED: 11.0 NO ALARM SYSTEM 27 -0 NON4XTC BUS 14 . NOSP./CLINIC 41 . FISH HOUSE SUSPECT INFORMATION ACTIONS IMPERSONATED SOLICITED/OFFERED FORCED VICTIM TO SEX CRIMES ONLY ROBBERIES 1 . THREATENED 1 . CUSTOMER 1.0 AID FOR CAR 1-0 DISROBE 1 -0 EXPOSED 1-0 DEMANDED MONEY 1 [3 MALICIOUS DESTRUCTION 2. HIT/ASSAULTED 9 - 0 FACEMEAD COVERED 2.0 COCAINE 8 - ALCOHOL 2.0 RANSACKED ENTIRELY 2-13 DELIVERY PERSON 2-0 ASSISTANCEIINFO 2-0 ENTER CAR TRUNK 2-0 PENETRATION 2.0 DEMANDED DRUGS 9.0 SYNTHETIC 3 - 0 DISABLED MOTORIST 3-0 CIGARETTE 3 - ClENTER RESTROOM 3.0 CONTACT 3.0 DEMANDED JEWELRY3 . El RANSACKED ONLY PORTION 10. 0 NONCONTROLLED 5 - ^ EXITING HOME II - GAMBLING 5.0 SHOT/SHOT AT 12 - 0 DISTRACTED 4 - 0 DRUNK 4.0 DRUGS 4.0 GET MONEY FROM BANK 4 .0 FAILED ATTEMPT 4.0 PURSE SNATCH 4 . NEATLY SEARCHED 13- TRKIKEDICONNED FAMILY. ETC. 99. OTHER (SPECIFY). 99.OTHE (SPECIFY). 5 - D EMPLOYEE/ 5.0 FOODARINK/CANDY 99 - D OTHER (SPECIFY): 5. ANAL SEX 5-0 USED HOTS 5 . D KNEW LOCATION OF HIDDEN EMPLOYER 5.0 LIE DOWN VALUABLES 6.0 GIFT/PR2E 6-0 CHILD MOLEST 99-0 OTHER (SPECIFY): 6. DID NOT COMPLETE CRIME 6-D FRIEND 7-0 MONEY 6-0 OPEN SAFE 7-0 ADULT MOLEST 7. D INJURED 7. D BAG OR SACKA40NEY 7 - 0 TURNED LIGHTS OWOFF 8.0 PROSTTTUTIOWSEX 8.0 EJACULATED e - POLICEAAw e . O REAR of BLDG 8.0 LEFT TOOLS AT SCENE 9- RIDE 9-0 ORAL SEX 9 - 0 USED TOOLS FOUND AT SCENE 9 - D RELATIVE 10-0 USE OF PHONE 99 . D OTHER (SPECIFY): 10-0 MASTURBATED 10. D RENTER 10 - 0 USED PHONE 99-0 OTHER (SPECIFY): 11-0 MULTIPLE RAPES 11 . REPAIRMAN 11 - 0 USED LOOKOUT 12. RIPPEDICUT CLOTHES 12 . D SALESMAN 12. D PUT VALUABLES IN BAG 13-0 UNABLE TO ACHIEVE• 13- D USED VICTIMS NAME 13. 0 SEEKING AID ERECTION 74 • ED HAD UNUSUAL BODY ODOR 14 . 0 SOLICITING 44. USED LUBRICANT 15. D PHONED VICTIM (BEFORE/AF"TER) 15 - SURVEY 15.0 USED OBJECT 16. 0 OTHER (SPECIFY) 99 ` 0 OTHER(SPEGFY): 99 . OTHER (SPECIFY). VICTIM LOCATION VICTIM WAS DRUG TYPE (NARCOTICS ONLY) 1 ` AWAYCONE 7. ENTER'EXIT VEHICLE 1 . THREATENED 8. 0 BLINDFOLDED 1-0 MARUUANAIIASHISH 7.0 AMPHETAMINES 2 - ON STREET 8 • AT WORK 2. HIT/ASSAULTED 9 - 0 FACEMEAD COVERED 2.0 COCAINE 8 - ALCOHOL 3. 0 IN HOME 9 - ENTERIEXIT WORK 3 - CHOKED 10 - BOUND 3-0 CRACK COCAINE 9.0 SYNTHETIC 4 - 0 ENTERING HOME 10 - D GOING'LEAVING BANK 4. CUT/STABBED Ill- ABDUCTED 4 .0 HEROIN 10. 0 NONCONTROLLED 5 - ^ EXITING HOME II - GAMBLING 5.0 SHOT/SHOT AT 12 - 0 DISTRACTED 5-0 TAR HEROIN (BLACK) 11 . 0 FRAUD.TURKEY 6 - D IN YARD'GARAGE 12. 0 ON VACATION 6-13 BITTEN 13- TRKIKEDICONNED 6-0 SAR&TLORATES 99. OTHER (SPECIFY). 99.OTHE (SPECIFY). 7. D GAGGED 99 - D OTHER (SPECIFY): IL N I;-_ 05. _ FEIGNED WEAPON 10 • _ HANDSFEET/BODILY FORCE 20. D HANDGUN 21 . ; BLACK REVOLVER 22 • _ SILVER REVOLVER 23 • BLACK AUTOMATIC 24.__ SILVER AUTOMATIC 30- ^ SHOTGUN WEAPON USED 31 - LONG SHOTGUN 32-0 SHORTISAWEDOFF SHOTGUN 33-0 DOUBLE BARRELED SHOTGUN 34-0 SHORTISAWEDOFF DOUBLE BARRELED 40-0 RIFLE 41 - LONG RIFLE 42 - 0 SNORT RIFLE 43,0 SEMI -AUTO ASSAULT RIFLE 44 - FULLY AUTO ASSAULT RIFLE 50. 0 KNIFE 51 - LONG KNIFE 52 - 0 SHORT KNIFE 60 . OTHER SHARP/POINTED INST. 70. CLUB/BOARDBLUNT INST. 81 - 0 EXPLOSIVES 92 - 0 STUN GUWELEC. DEVICE 83. DRUGS/SLEEPING PILLS'ALCOHOL 64. POISOWGASIACID/CHEMICALS e5. TEAR GASUACE 96. 0 FIREANCENDIARY DEVICE 87. D ROCKIPROJECTILE w - 0 BB'PELLET/TOY GUN 89- VEHICLE 99. D OTHER (SPECIFY). NO ENTRY LOSS . 4 51AIU' D = DAMAGED; L = LOST; S = STOLEN; F = FOUNDIRETURNED TO OWNER; R = RECOVERED; B = BURNED; P = PHOTO/RETURNED TO OWNER CODE STATUS OWNER UANT DESCRIPTIO MAKE OF ARTICLE MODEL NUMBER SERIAL NUMBER ESVALUEED ACCOUNT HOLDER: SIGNATURE: CLERK: DEMAND PAYMENT NOTICE & DATE SENT: FORGERY AFFIDAVIT ORIGINAL CHECK REGISTERED MAIL RECEIPT MAIL SERVICE AFFIDAVIT DUPOLIC CCH. 2 FRAUD CLASS: NSF 0 FORGERY ACCT. CLSD. 0 NO ACCOUNT CHECK TYPE: BUSINESS 0 PERSONAL PAYROLL 0 OTHER 3 4 5 6 7 8 9 10 11 12 13 I 14 15 16 17 18 I CRIME LAB RESPOND. UNIT # PROPERTY PACKET LEFT PHOTOS TAKEN PRINTS TAKEN I STOLEN PROPERTY IS TRACEABLE SIGNIFICANT PHYSICAL EVIDENCE COLLECTED LOSS IS UNIQUE SIGNIFICANT PHYSICAL EVIDENCE STILL AT SCENE NEIGHBORHOOD WATCH MEMBER WCIRTHLESS DOCUMENTS CHECK/CASHIERS CHECK TRAVELERS CHECKIMONEY ORDER DATE OF CHECK CREDIT/CHARGE CARD BANKICARD CO.: PAYABLE TO/CHARGED AT: AMOUNT: CHECK/CARD NUMBER: ACCOUNT HOLDER: SIGNATURE: CLERK: DEMAND PAYMENT NOTICE & DATE SENT: FORGERY AFFIDAVIT ORIGINAL CHECK REGISTERED MAIL RECEIPT MAIL SERVICE AFFIDAVIT DUPOLIC CCH. MAIL SERVICE AFFIDAVIT WITNESS STATEMENT FRAUD CLASS: NSF 0 FORGERY ACCT. CLSD. 0 NO ACCOUNT CHECK TYPE: BUSINESS 0 PERSONAL PAYROLL 0 OTHER NARRATIVE SECTION V NWA SOLVABILITY FACTORS 1-0 THERE IS A RELIABLE WITNESS TO THIS OFFENSE. 8 . THE SUSPECT WAS IDENTIFIED AS BEING SEEN PREVIOUSLY IN THE AREA OF THE OFFENSE. 2- THE SUSPECT VEHICLE CAN BE FULLY DESCRIBED, 9 - SIGNIFICANT INFORMATION ABOUT THE SUSPECT ADDRESS DISTINCTIVE DESCRIPTION. LICENSE PLATE NUMBER. OR LOCATIONS FREQUENTED IS KNOWN. 3- PROPERTY STOLEN IS TRACEABLE. 10- A VICTIM OR WITNESS COULD POSSIBLY IDENTIFY 4- SIGNIFICANT PHYSICAL EVIDENCE IS PRESENT. THE SUSPECT FROM A PHOTO FILE OR LINEUP. 5-0 THERE WAS A DEFINITE. LIMITED OPPORTUNITY 11 - AN UNUSUAL, DISTINCTIVE OR SIGNIFICANT M.O. IS PRESENT. FOR ANYONE OTHER THAN THE SUSPECT TO COMMIT 12 - ANY SIGNIFICANT REASON EXISTS IN THE JUDGEMENT THE OFFENSE. OF THE REPORTING OFFICER TO BELIEVE THAT THE 6 .THE SUSPECT HAS BEEN NAMED - FULL NAME, ALIAS. CRIME MAY BE SOLVED WITH REASONABLE AMOUNT OF NICKNAME. INVESTIGATIVE EFFORT. 7 - DISTINCTIVE PARTIAL DESCRIPTION OF THE SUSPECT 13-0 NONE IS AVAILABLE. qL PORT MADE BY: BADGE NUMBER(S): SQUAD NO: lm!rvv nviavn. rw--,n „ i r- i" 14F -z:5 6-7/3 MISSING PERSONS THE ABOVE STATEMENT IS TRUE AND CORRECT AND VWE DO AGREE TO PAY FOR RETURN TRANSPORT. DATE s PLYMOUTH POLICE DEPT. SUPPLEMENTARY/CONTINUATION REPORT OFFENS Of INCCASE NO. 4 4, ko-ea J i7eC a n ve rs sem 7` !/ Q •/ %, Lo / -f C C O U r Q Cc {' 11,44a r f s D T 4,? U' r 3 3) C/o A-, a 3=S V p. a -e 61V OG) !/ /S 6 I r1 QST, b Gc 4"s 4L -I 4 L ll C S . /I/'/eI/ LL 57 rr' f Ae c / w scp SolW 0/4c lr •f ,a. A ROBERT L CROSBY LEONARD M. ADDINGTON ROBERT R. BARTH N.WALTER GRAFF ALLEN D. BARNARD RICHARD A. PETERSON ROBERT J. CHRISTIANSON,JR FRANK J. WA LZ FRANK VOGL MARINUS W. VAN PUTTEN, JR. DAVID B. MORSE JOHN A.BURTON,JR. JAMES C. DIRACLES ROBERT L.MELLER,JR. SCOTT D. ELLER BEST & FEANAGAN ATTORNEYS AT LAW CHARLES C.BEROUIST GEORGE 0.LUDCKE E.JosEPH LAFAvE GREGORY D. SOULE CATHY E. GORLIN PATRICK B. HEN-NESSY TIMOTHY A. SULLIVAN TAN?fY L. PUST BRIAN F. RICE TRACY J.%,%N- STEENBf'.RGH DAVID J, ZUBRF. STEVEN R.KRUGER JAMES P. MICHELS PAIL E.ILA?ilN Slil 3500 IDS CENTER 80 SOUTH 8TH STREET MINNEAPOLIS MN 55402-2113 TELEPHONE (012) 339-7121 TELECOPIER (012) 339-5897 Direct Dial Number: 612) 349-5641 February 1, 1993 DANIEL R. W. NELSON CINDY J. LARSON JOHN P. BOYLE ROSS C FORMELL CARYN SCHERB GLOVER SARAH S. GODFREY MARY E.SHEAREN CATHERINE J. COURTNEY KEITH J. NELSEN TRACY F. KOCHENDORFER JEANNICE 1. REDING SARAH CRIPPEN MADISON ROBERT D. ML -.HER DAVID If. JOHNSON WILLIAM J. MORRIS Ms. Lauri Rauenhorst City Clerk City of Plymouth:5 3400 Plymouth Boulevard Plymouth, MN 55447 Re: State v. Michael J. Ridley Dear Ms. Rauenhorst: OF COUNSEL JOHN R. CARROLL JAMES D. OLSON ROBERT M. SKARE ARCHIBALD SPENCER CHARLES S. BELLOWS WARD B. LEWIS JAMES I. BEST 1902.1988 ROBERT J. FLA.NAGAN 1898-1974 I wanted to advise you that the above -referenced criminal matter was resolved on December 18, 1992. Mr. Ridley, an employee of Kenny's Liquor, 12 Nathan Lane, Plymouth, pled guilty to a misdemeanor charge of illegally selling alcohol to a minor. The imposition of a sentence on Mr. Ridley was stayed one year, and he was placed on probation. During that period of time, he can have no other same or similar offenses, or he will be sentenced to jail time. For your information, you may want to note that Mr. Ridley stated that he believed that the minor was 21 years of age, but he confessed not checking his driver's license. He said he believed the minor was 21 years old because he had seen the owner of the liquor store sell alcohol to the minor without checking his identification. Therefore, he concluded that the person must have been of age. If you have any questions or need any additional information, including a copy of the police report, please feel free to contact me. Kohnve truly yours, P. Boyle assistant City A torney City of Plymouth jan/6093J cc: Niel Nielsen t -- 4r L - K t VA V1 5 FOOD MARKETS Penn Arcade Building 6700 Penn Avenue South Richfield, Minnesota 55423 13 Phone 866-6819 August 8, 1989 All Kennys Inc employees will request from the customer two forms of identification, to purchase liquor. One form of identification must be a picture I.D. You will compare the picture, to the person purchasing liquor. You will check the birth date to verify, the person is a minimum age of 21. Any employee failing to follow this procedure and sells liquor to a minor will be immediately terminated. You (employee) will be responsible for the fine of $2000.00, levied by the City of Plymouth and any other legal action taken by the City of Plymouth. All employees will read this letter and sign this agreement and promissory note. I understand the seriousness of this matter and my responsibilities. I will take full responsibility for my own actions and accept the conditions listed above. Date Signature Agenda Number: CITY OF PLYMOUTH CITY COUNCIL AGENDA REPORT TO: Dwight D. Johnson, City Manager r FROM: Craig C. Gerdes, Director of Public Safety i SUBJECT: PRESENTATION - 1992 DEER BOW HUNT DATE: February 24, 1993 1. ACTION REQUESTED: Craig Gerdes, Director of Public Safety and Barbara Cox, Technical Services Supervisor will present the results of the 1992 Deer Bow Hunt. 2. BACKGROUND: In 1992, the Council authorized the first deer bow hunt in the northwest corner of the City. The deer hunt took place between September 19, 1992 and December 31, 1992. The Department of Public Safety has compiled the results of the hunt for the Council's consideration. 3. DISCUSSION: Over a period of years, the City had been dealing with the issue of deer control. In 1992, the City initiated a bow hunt in an effort to control the deer population because of the concerns of safety involving deer and motor vehicle accidents and the amount of property damage involved with the deer herd. 4. RECOMMENDATION: It is recommended the Council authorize the Public Safety Department to proceed with plans for a 1993 deer bow hunt and revise the policies to bring a new draft back to the Council for approval and final authorization for a hunt. 1992 DEER HUNT For 1992, 28 landowners participated in the Plymouth bow hunt, and approximately 1,765 acres of land in the northwest section of the city were hunted. The Department of Public Safety issued 153 individual bow permits at a cost of $10 each. Chart 1, "Survey of Deer Taken", shows that a total of 50 deer were taken during the hunt. This was an extremely good percentage of deer taken to permits issued as shown in Chart 2, which shows the percentages of deer taken to permits issued in the State of Minnesota for the years 1984 through 1991. The established hunt area was the northwest corner of the City, north of Highway 55 and west of Vicksburg. This area is shown on Chart 3. For purposes of comparison, a control area in the northeast section of the city was established. This control area was the corner east of 494 and north of County Road 9 as shown in Chart 4. Although the areas appear different in terms of size and population, this area was chosen because they relate similarly in terms of the relation between traffic and deer. The hunt area has less motor vehicle traffic, but more deer and the control zone has more vehicle traffic and still has a good number of deer present. This was the best area we could determine for a good comparison. There was an increase in 1992 both in the hunt zone and in the control zone in the number of deer and motor vehicle accidents. There was in fact an increase in these accidents throughout the entire city. This comparison is shown in Chart 5. Chart 6 shows the comparison of the aerial counts of deer in the City. The survey shows an 83% increase in the number of deer. between 1991 and 1992, with no increase between 1992 and 1993. Both the 1992 and 1993 surveys were completed in the month of January. Information is that aerial deer counts are done when there is good snow ground cover which makes the counting easier, so normally counts are done in January or February. The percentage increase of accidents was 34% in the hunt zone and 39% in the control zone, and 17% for the city overall. This increase would be expected with the large increase in the number of deer seen between 1991 and 1992. As we started the program during 1992, there was great concern expressed over neighbor complaints. At this time, the department has received no formal complaints regarding the hunt. In January of 1993, we did a mail survey of landowners who participated in the hunt. Seventeen of the 28 landowners who participated in the hunt answered the survey, all expressed an interest in having a hunt in 1993. The remaining eleven landowners are being re -contacted. This may in fact increase the number of deer taken when we have completed this contact. Based on the information we have received and compiled, the department would recommend we proceed with another deer bow hunt for 1993. The 28 landowners who participated in the hunt represent 48% of those who qualify under the landowner guidelines. We will be contacting those who did not participate and inform them of the success of the 1992 and encourage them to participate in 1993. If it is the Council's desire to proceed with a 1993 hunt, the department will develop appropriate administrative change recommendations and bring forward to the Council at a future date for final approval for a 1993 hunt. CHART 1 CITY OF PLYMOUTH SURVEY OF DEER TAKEN BUCK DOE TOTALS ADULT 16 27 43 FAWN 6 1, 7 TOTALS 22 28 50 17 Landowners reporting 6 of whom report no deer taken CHART 2 INFORMATION FROM DNR WILDLIFE DIVISION MN LICENSES SOLD & DEER TAKEN 1984 THROUGH 1991 YEAR LIC SOLD DEER TAKEN PERCENT 1984 61,576 6,390 10.38% 1985 66,724 7,575 11.35% 1986 67,745 7,610 11.23% 1987 68,809 7,535 10.95% 1988 68,255 8,262 12.10% 1989 68,926 9,307 13.50% 1990 67,805 11,106 16.38% 1991 73,986 12,964 17.52% 1992 PLYMOUTH BOW HUNT RESULTS: 1992 153 50 32.68% CHART 3 N CHART 4 N rel N N tV N lV N lV N aV N — — - - V l — a• a aa• L ,' L CHART 5 CITY OF PLYMOUTH DEER VS MOTOR VEHICLE ACCIDENTS YEAR HUNT ZONE % chg CONTROL % chg TOTAL chg 1986 40 0% 50 0% 140 0% 1987 43 8% 38 24% 140 0% 1988 51 19% 45 18% 139 1% 1989 46 10% 44 2% 131 6010 1990 50 9% 31 30% 127 3% 1991 44 12% 28 10% 115 9% 1992 59 34% 39 39% 134 17% CHART 6 CITY OF PLYMOUTH AERIAL DEER SURVEYS YEAR OF DEER 1984 195 1988 255 1991 261 1992 477 1993 478 OF DEER 500 450 400 350 300 250 200 150 100 50 0 1984 1988 1991 1992 1993 Agenda Number: 7„ G TO: Mayor and City Council FROM: Dwight D. Johnson, City Manager SUBJECT: STUDY SESSION MEETING TOPICS DATE: February 24, 1993 Attached is a list of pending Study Session Meeting topics for your review. attachment 2/24/93 1993 STUDY SESSION MEETING TOPICS TOPIC PENDING MEETING DATE 1. Joint meeting with County Commisioners. March 8. Confirmed 5:00 P.M. 2. City Attorney services. March 15 3. Discuss next step to establish Human Rights Commission. Research other cities and provide report on progress. March 22 4. Review draft Park and Recreation survey. March 22 5. Discuss process associated with various planning applications (Woodpointe Estates). March 29 6. Automobile and Vacation Policy. March 29 7. City Council/Staff Teambuilding Session with Harry Brull. Late April 8. Housing Code and Rental Inspection Licensing Program. April 5 9. City Center Expansion Aril 5 tentative Agenda Number: 01.- O MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 TO: Dwight Johnson, City Manager FROM: Community Development Director Char e Dillerud SUBJECT: PORT AUTHORITY. REAFFIRMATION OF EXISTENCE OF THE AUTHORITY AND APPOINTING OF THREE COMMISSIONERS TO THE BOARD DATE: February 24, 1993 For City Council Meeting of March 1, 1993 1. ACTION REQUESTED: Adopt the attached resolution which affirms the existence of the Plymouth Port Authority, its bylaws, its contract for services with the City and appoints three Commissioners to the Board of the Authority. 2. BACKGROUND: At its study meeting January 25, 1993, the City Council directed staff to take the necessary steps to "reestablish" the Plymouth Port Authority. The Port Authority had been created by the legislature and City Council in 1984 for what appears to be a specific purpose that never resulted. The Port Authority has remained inactive since that time and the terms of all Port Authority Commissioners have expired. 3. DISCUSSION: The reactivation of the Port Authority will provide Plymouth tools not otherwise available to local government to undertake redevelopment activities. The ability to assemble land for redevelopment purposes is more broad as a Port Authority than using conventional City redevelopment authority. The City Attorney's office has advised that a four step process should be undertaken to reestablish the Port Authority; amend bylaws to permit a seven member Port Authority (from the three member Port Authority now authorized); and, appoint the initial three Commissioners and later the remaining Commissioners authorized. Page Two, Port Authority The first step will be for the City Council to adopt a resolution which reaffirms the existence of the Port Authority, its bylaws, its contract for services with the City and appoints three Commissioners to the board of the Port Authority --consistent with the current bylaws. Once that has been completed the City Council should adjourn (or recess) and the now appointed three member Port Authority Board of Commissioners could convene and itself pass a resolution affirming its existence, electing officers, and proposing amendments to bylaws. It would also affirm the contract for services with the City. At our next City Council meeting we will present a resolution to approve the Port Authority's proposed amendments to the bylaws and appointing two more Commissioners to the Board of the Authority --leaving two Port Authority Commissioner positions vacant pending the two new Councilmembers that will result from the election this fall. Finally, the Port Authority will then, and on a subsequent date, meet to adopt the amendments to its bylaws that have been approved by the City Council. The attached resolution which affirms the existence of the Port Authority and appoints three members to the Board has been intentionally left blank as to who the initial three members would be. The Council has indicated a desire to select membership to the Port Authority Board to be made up exclusively (at least initially) of Council Members. It should be specified by the City Council which three members would be the initial three members of the Board. The other two Councilmembers will be appointed at such time as the Port Authority has amended its bylaws to enlarge to a 7 member Board. 4. RECOMMENDATION: I recommend adoption of the attached resolution which reaffirms the existence of the Port Authority and appoints three members to the Board. The City Council should specify which three Councilmembers should be the initial three Port Authority Commissioners. ATTACHMENTS: 1. Resolution Affirming Port Authority Existence and Appointing Board Members. 2. City Attorney's Letter of February 12, 1993 Concerning the Port Authority Procedure 3. Community Development Director Memorandum of January 20, 1993 Concerning the Port Authority cc/cd/port) CITY OF PLYMOUTH RESOLUTION NO. 93 - RESOLUTION AFFIRMING THE EXISTENCE OF THE PORT AUTHORITY OF THE CITY OF PLYMOUTH AND APPOINTING THREE COMMISSIONERS TO THE BOARD THEREOF WHEREAS, by passage of Resolution No. 85-728, dated September 16, 1985, the City Council (the "Council") for the City of Plymouth, Minnesota (the "City") established the Port Authority of the City of Plymouth (the "Authority"); and WHEREAS, the Authority has been inactive for several years, the terms of its Commissioners have expired, and no new Commissioners have been appointed to its Board; and WHEREAS, the Council now desires to affirm the existence of the Authority and its Bylaws, and appoint three Commissioners to the Board of the Authority in accordance with Article II, Section 1 of the Bylaws of the Authority, the adoption of which was authorized by the City Council pursuant to Resolution No. 85-880, dated October 28, 1985; and WHEREAS, the Council desires to affirm the contract between the Authority and the City for services to be provided to the Authority by the City (the "Contract for Services") in the form approved by the Council pursuant to Resolution No. 85-880; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Plymouth, Minnesota, as follows: 1. That the existence of the Authority is hereby affirmed in the form established pursuant to Resolution 85-728, dated September 16, 1985. 2. That the Bylaws of the Authority are hereby affirmed in the form on file in the offices of the City. 3. That the Contract for Services is hereby affirmed in the form on file in the offices of the City. 4. That , and are hereby appointed Commissioners of the Board of the Authority, which persons presently are members of the Council, with terms to expire on March 1, 1995, March 1, 1997, and March 1, 1999, respectively. 6323P BEST & FLANAGAN ATTORNEYS AT LAw ROBERT I.CROSBY CHARLES C.BFRQUIST 3500 IDS CENTER DANIEL R.W NELSON OF COUNSEL LEONARD M. ADDINGTON GEORGE 0.LUDCKE CINDY J. LARSON JOHN R.CARROLL ROBERT R.BARTH E.JosEPII LAFAVE 80 SOUTH 8TH STREET JOHN P. BOYLE JAMES D. OLSON N.WALTER GRAPF GREGORY D. SOULE ROSS C. FORMELL ROBERT M.SKARE ALLEN D. BARNARD CATHY E. GOBLIN MINNEAPOLIS M% M5402-2113 CARYN SCHERB GLovER ARCHIBALD SPENCER RICHARD A. PETE RSON PATRICK B. HENNESSY SARAH S.GODPREY CHARLES S. BELLOWS ROBERT J. CHRISTIANSON, JR. TIMOTHY A. S17LLIVAN TELEPHONE 16121 339-7121 MARY E. SHEAREN WARD B- LEMS FRANK J. WA LZ TAMMY L.PUST CATHERINE J. COURTNEY FRANK VOGL BRIAN F. RICE TELECOPIER X612) 339-3897 KEITH J. NELSEN MARINUS W. VAN PUTTEN, JR. TRACY J. VAN STEENBURGIi TRACY F. KocHENDoRPER DAvID B. MORSE DAVID J. ZUBKE JEA.NNICE M REDING JAMES I BEST JOHN A.B URTON, JR. JAMES C. DIRACLES STEVEN R.KRUGER JAMES P. MICHELS By Messenger SARAH CRIPPEN MADISON ROBERT D. MAHER 19021860 ROBERT J. FLANAGAN ROBERT L.MELLER,JR. PA a I. E.KA?1 INS KI DAVID H.JOHNSON 1899-1974 SCOTT D. ELLER WILLIAM J. MORRIS February 12, 1993 Mr. Charles Dillerud Community Development Director City of Plymouth 2400 Plymouth Boulevard Plymouth, MN 55447 Re: Tax Increment and Port Authority Resolutions Dear Chuck: Pursuant to your request, I enclose a City Council resolution eliminating tax parcel 21-14-0002 from Tax Increment Financing District No. 5-1 and four resolutions regarding re-establishment of the Plymouth Port Authority. The TIF resolution is self-explanatory. The Port Authority resolutions bear further explanation. The Authority's bylaws must be amended to increase the number of Commissioners from three to seven. According to City Council resolutions of 1985 establishing the Authority and its bylaws, the Authority must follow a three-step process to amend its bylaws. First, the Authority must pass a resolution proposing amendment to its bylaws. Second, the City Council must pass a resolution approving the Authority's proposed amendments. Third, the Authority must, by resolution, adopt the bylaws. The enclosed resolutions follow this three-step process. They also affirm the existence of the Port Authority, appoint new Commissioners and elect officers. The resolutions should be passed in the following order at four separate meetings (two Council meetings and two Port Authority meetings): Mr. Charles Dillerud February 12, 1993 Page 2 1. Resolution #1: City Council affirms the existence of the Authority, its Bylaws, its Contract for Services with the City and appoints 3 Commissioners to the Board of the Authority. 2. Resolution #2: Port Authority affirms its existence, elects officers, proposes amendment to its bylaws and affirms the Contract for Services with the Ctiy. 3. Resolution #3: City Council approves the Authority's proposed amendments to the bylaws and appoints two more Commissioners to the Board of the Authority 4. Resolution #4: Port Authority adopts amendments to its bylaws. Please contact me with any questions regarding the above. Sincerely, Tracy F. Kochendorfer TFK/j hc6391 Enclosure cc: Daniel R. Nelson (w/ encl.) M CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: January 20, 1993 TO: Frank B le$, Ac ing City Manager FROM: Chuck ill Community Development Director SUBJECT: DISCUSSI TOPICS FOR THE JANUARY 25, 1993 CITY COUNCIL STUDY SESSION The Council has reserved the evening of January 25 to study several topics that have been touched on over the past several months regarding development/redevelopment and related financing. While I have addressed these topics individually from time to time, it may be beneficial for the purposes of the forthcoming discussion to briefly address each of the topics and to provide possible advantages or disadvantages of the strategies as applied to Plymouth. I have discussed each of these strategies or concepts with both the City Attorney's office (principally Dan Nelson) and with representatives of Springstead, the City's financial consultants. Generally it has been found by our consultants that each of these proposed strategies or actions may be accomplished within the purview of existing statutes, under certain conditions. I. Plvmouth Port Authorit The Minnesota legislature, in 1984, adopted special legislation creating the Plymouth Port Authority. The City Council, on June 18, 1984, officially established the Port Authority and named Mayor David Davenport, Councilmember David Crain, and O.J. Heinitz as the initial three commissioners with terms expiring in 1986, 1988, and 1989. The organizational meeting of the Port Authority was held on November 29, 1984. At that time the Port Authority Commission adopted bylaws, elected officers, and generally took care of housekeeping matters. From my reading of the memorandums and organizational materials from that period it appears that one of the primary purposes for requesting the legislature to authorize a Port Authority and then later doing so was the resulting eligibility for the City to participate in a foreign trade zone venture that was then underway statewide. Evidently the only organizations authorized to participate in a foreign trade zone were Port Authorities. Since no foreign trade zone was ever established I am left to assume that the opportunity was lost for some reason. 1 - I have been advised by the City Attorney's office the Port Authorities in Minnesota retain certain powers and capabilities not available to cities through the other economic development provisions of State Statute. It is clear to me that the ability of a community to assemble "marginal" property for redevelopment purposes is broader under the Port Authority law than it is under related statutes available to cities in general. It is also my understanding that Port Authorities have a broader ability to assist in construction of buildings than would cities under other economic development statutes. While the City of Plymouth may have many of the same powers and capabilities for economic development purposes under other State Statutes I believe it would be prudent for the City to reestablish its Port Authority and focus its development and redevelopment efforts through the Port Authority for the following reasons: 1. Economic development and redevelopment is sufficiently complex to suggest the need for a body of "specialists" to focus strictly on that activity. While these specialists may also be elected officials and in all probability would be), when sitting as Port Commissioners their primary focus would be economic development and redevelopment. 2. The Port Authority, by statutory definition, holds certain powers and abilities regarding land assembly and redevelopment not necessarily available to a community through the other economic development statutes. Without question, there is a reason why the legislature has established Port Authorities only by special legislation. Port Authorities are not generally available to any community in the state such as other economic development powers. As long as Plymouth already has that statutory authority it would seem wise to play every card" we have in our efforts toward economic development and redevelopment. 3. Truly broad based economic development efforts similar to that which I have described to the Council in an earlier memo regarding the national transportation concept require the ability to exercise economic development initiatives both within and outside of the physical limits of the City. Only a Port Authority has that ability in this state. All that would be required of the City Council to reestablish the Port Authority would be the adoption of a simple resolution appointing Port Authority Commissioners. The statute provides that the Port Authority may be made up of either 3 or 7 commissioners which may or may not be also members of the City Council. Wherein our original Port Authority was set up as a 3 commissioner organization there is no reason why it could not be enlarged to 7 commissioners concurrent with the appointment of those commissioners. I believe that at least initially the City Council should appoint the entire Port Commission from among its membership. 2 -