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City Council Packet 05-18-1987
CITY OF PLYMOUTH A G E N D A REGULAR COUNCIL MEETING MAY 18, 1987 CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine by the City Council 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 on the agenda. FORUM 7.00 P.M. 1. CALL TO ORDER 7:30 P.M. 2. INVOCATION 3. ROLL CALL 5. CONSENT AGENDA 6. MINUTES - Approval of Minutes of the Regular Council meeting of May 4, 1987 7. PUBLIC HEARINGS A. Amending Economic Development District No. 1 and Tax Increment Financing District 1-4 B. Weed Eradication Rolls 3 and 4 8. PETITIONS, REQUESTS AND COMMUNICATIONS A. Approval of disbursements for period ending 4/30/87 B. Award contract for construction of Zachary Lane water treatment plant, Project 431 C. Ordinance establishing bike lanes on Schmidt Lake Road from Zachary Lane to Pineview Lane and Pineview Lane from C.R. 47 to Schmidt Lake Road D. Resolution prohibiting parking on Schmidt Lake Road from Zachary Lane to Pineview Lane and Pineview Lane from C.R. 47 to Schmidt Lake Road E. Resolution declaring surplus property on 19th Ave. adjacent to Oakdale West Addition and authorizing sale F. Reduction of Site Performance Guarantee for Boemer Building Systems for Allied Plastics at 3005 Ranchview Lane (86137) t 8. PETITIONS, REQUESTS AND COMMUNICATIONS G. Ordinance adopting Uniform Electric Franchise with Northern States Power Company H. Resolution approving plans and specifications and advertising for bids on 1987 seal coat and curb repair project I. Resolution approving change order No. 1 for 1987 utilities project J. Resolution revising Development Contract and extending completion date for Quail Ridge of Plymouth (85087) K. Receive petitions and order preliminary engineering reports for street lighting: 1) Lake Camelot Estates 2) Tyrell 5th Addition 3) Steeplechase 3rd Addition 4) Westridge 2nd Addition L. City of Plymouth, Park and Ride lot. Site Plan approval for the expansion of 22 additional stalls to Park and Ride lot (87046) 9. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS A. Appointments to Northwest Suburbs Cable Communications Commission and Northwest Suburbs Community Access Corp. B. Status of agreement with Samuel Virginia for fox farm operation C. Resolution authorizing letter rescinding previous administrative order D. Insurance claims report E. Results of special assessment committee review of Quaker Lane cul-de-sac, Project 707 F. Report on Council Chamber sound system G. Report on use of development announcement signs H. Scheduling public hearings - Proposed amendment to T.I.F. District 1-4 and Establishment of T.I.F. District 2-1 I. Legislative update 0. Police Reserve Program 10. ADJOURNMENT ti M I N U T E S REGULAR COUNCIL MEETING MAY 4, 1987 A regular meeting of the Plymouth City Council was called to order by Mayor Schneider at 7:30 p.m. in the City Council Chambers of the City Center at 3400 Plymouth Boulevard on May 4, 1987. PRESENT: Mayor Schneider, Councilmembers Crain, Vasiliou, Zitur, and Sisk, Manager Willis, Assistant Manager Boyles, Planning Director Tremere, Public Works Director Moore, City Attorney Thomson, and City Clerk Brandt ABSENT: None PRESENTATION Mayor Schneider presented Don Rinkenberger of Boy Scout Troop 584 with a check in the amount of $230.56 for the 57.64 tons of paper they recycled through March 31, 1987. PROCLAMATION Mayor Schneider read a proclamation declaring May 7 as National Day of Prayer in Plymouth. CONSENT AGENDA Motion was made by Councilmember Crain, seconded by Councilmem- ber Sisk, to adopt the consent agenda deleting items 9-A, 9-B, and 9-F. Motion carried on a Roll Call vote, five ayes. MINUTES MOTION was made by Councilmember Crain, seconded by Councilmem- ber Sisk, to approve the minutes of the Special Council meet- ings of April 27 and 29 as submitted. Motion carried on a Roll Call vote, five ayes. PRESENTATION BOY SCOUTS Item 4 PROCLAMATION Item 5 CONSENT AGENDA Item 6 MINUTES - SPECIAL COUNCIL MEETINGS APRIL 27 & 29, 1987 Item 7*- Regular Council Meeting May 4, 1987 Page 121 PUBLIC HEARING Mayor Schneider opened the public hearing at 7:40 p.m. No one chose to speak and the hearing was closed at 7:40 p.m. MOTION was made by Councilmember Sisk, seconded by Councilmem- RESOLUTION NO. 87-271 ber Zitur, to adopt RESOLUTION NO. 87-271 APPROVING ON -SALE IN- ON -SALE & SUNDAY SALES TOXICATING AND SUNDAY SALES LICENSES FOR SCANTICON MINNESOTA. LICENSES, SCANTICON Item 8-A Motion carried on a Roll Call vote, five ayes. PETITIONS, REQUESTS AND COMMUNICATIONS Mayor Schneider stated he was concerned that the creek alongside the property be maintained in its natural state. MOTION was made by Mayor Schneider, seconded by Councilmember ORDINANCE NO. 87-10 Zitur, to adopt ORDINANCE NO. 87-10 AMENDING THE ZONING ORDI- AMENDING ZONING CODE NANCE TO CLASSIFY CERTAIN LANDS SOUTHWEST OF COUNTY ROADS 10 AND C.R. 10 & 18 18 AS B-3 (SERVICE BUSINESS) DISTRICT. SUPERIOR FORD (87015) Item 9-A Motion carried on a Roll Call vote, five ayes. MOTION was made by Mayor Schneider seconded by Councilmember RESOLUTION NO. 87-272 Zitur, to adopt RESOLUTION NO. 87-272 SETTING CONDITION TO BE SETTING CONDITION MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND LOCATED REZONING LAND SOUTHWEST OF COUNTY ROAD 18 AND COUNTY ROAD 10 FOR SUPERIOR FORD SUPERIOR FORD (87015) INC. (87015). Item 9-A Motion carried on a Roll Call vote, five ayes. MOTION was made by Mayor Schneider, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 87-273 APPROVING PRELIMINARY PLAT, VARIANCE, AND GENERAL DEVELOPMENT PLAN AMENDMENT FOR SUPERIOR FORD, INC. (87015), adding condition No. 12 as follows: There shall be no grading, filling or realiqnment of Bass Creek as it currently exists within the Preliminary Plat unless speci- fic approval is received from the City Council in conjunction with the approval of the Final Plat. Also, any substantial size trees along Bass Creek which are proposed to be removed shall be specifically indicated on the final grading plan." Greg Frank, representing Superior Ford, stated the requested re- zoning is only for the portion of the property which they are buying and it doesn't abut the creek. Motion carried on a Roll Call vote, five ayes. RESOLUTION NO. 87-273 PRELIMINARY PLAT VARIANCE & PLAN AMENDMENT, SUPERIOR FORD (87015) Item 9-A Kegular t:ouncii Meeting May 4, 1987 Page 122 Director Tremere showed the development as proposed, where the REZONING & PRELIMINARY R -1B area abuts the fringe of the walking neighborhood and, at PLAT, FERNBROOK WOODS the Mayor's request, how far the fringe would extend into the 87018) walking neighborhood if carried around the entire neighborhood Item 9-B the approximate 1,300 ft. depth of this neighborhood. Councilmember Crain expressed concern about the preservation of trees and the contention that R -1B zoning was warranted. Mayor Schneider stated he has a hard time acceptinq that 1,300 ft. is a fringe. The existing R -1B parcels are across from in- dustrial areas or at least next to major collectors. In his mind, R -1B zoning should be reserved for smaller areas and in- clude attached housing as the buffer. He said this proposal should be presented as a PUD to realize the lot sizes proposed and to assure preservation of trees. Peter Coyle, Larkin Hoffman law firm, representing Mary Anderson onstruction Co., summarized the project which would allow total development of 106 lots. Staff has recommended that the propo- sal be approved and the Planning Commission unanimously recom- mended approval also. The developer is willing to work with the neighborhood and City to try to save the stand of trees which is on the property, but the reality is that some will have to be taken down to build. They think they have satisfied the zoning ordinance requirements and the comprehensive plan. Their con- cern now is that, if there is a delay, the building season will Pass before construction can start. Councilmember Vasiliou asked if they have met with the neigh- bors since the public hearing at the Planning Commission. Fred Haas, representing Mary Anderson Construction Co., stated they were waiting until after the Council meeting to contact the neighbors. They are waiting to cut the grade of the street to insure it saves as many trees as possible. He will also conduct a tree survey of each lot to fit the houses to that lot and save trees. This is the only area served with sewer and open to them for development. They believe they have met the City's re- quirements and can design housing to blend with the environment. Mr. Haas stated the size of the fringe area is based on their decision to pursue R -1B zoning which they were told by staff was appropriate. A PUD was not proposed because of the time in- volved for the required hearings. They were hoping that, at a later date, they could incorporate some other designs which may include attached homes, especially in the north part of the site. Regular Council Meeting May 4, 1987 Page 123 Director Tremere stated, in response to Councilmember Sisk, that there are other areas in the City which have been zoned R -1B over the years. He doesn't believe this rezoning would set a precedent but it does raise the issue of what's the measurable distance which constitutes the fringe of a walking neighbor- hood. This site area could qualify it as a PUD, however, this developer chose conventional platting to save time. He believes a measurable definition of fringe should be discussed if speci- fic minimums and maximums are to be set. Mr. Coyle stated the development as proposed has only 43 lots in Phase I. The developer is willing to work with the City to re- configure the balance of the lots. MOTION was made by Councilmember Vasiliou, seconded by Council - member Zitur, to adopt RESOLUTION NO. 87-274 APPROVING PRELIMIN- ARY PLAT AND VARIANCE FOR MARV ANDERSON CONSTRUCTION COMPANY FOR FERNBROOK WOODS' (87018). Councilmember Vasiliou pointed out that this area is a sensitive one and she shares the concern about preserving the woods. Mary Anderson has been a responsive developer who will work with the City and the neighborhood but this doesn't mean that everyone will get what they want. She sympathizes with the staff's interpretation of "fringd' and feels they have acted fairly and proactively. While she is concerned, she believes this develop- ment is going to happen and the City should work to insure it's done in good taste. Councilmember Crain stated he is uncomfortable with this and be- lieves 1,300 ft. is too deep to be a fringe. He doesn't see how more than 5% of the plat could be termed fringe and part of R-1B's purpose is transitional between lower and higher den- sity. 1,300 ft. far exceeds any Justification from a transi- tional basis and he doesn't believe this entire parcel should be this dense. He agreed staff had been proactive, but the entire site was not within the intent of this district, only the east 1/3 should be considered for R -1B zoning. Discussion followed'on the possibility of moving the smaller lots, which are proposed in the south and west, to the east along Fernbrook Lane. Manager Willis clarified that the development to the south, which is zoned R -1B, and the PUD south of that have single fami- ly houses abutting Fernbrook Lane. Mayor Schneider stated his concern is that, if the property -were zoned R -1B 1300 ft. deep, very little is left in the center of the walking neighborhood. The proposal does not have a mix of attached homes. Councilmember Sisk asked if a depth of fringe could be specified in the ordinance for future development. RESOLUTION NO. 87-274 PRELIMINARY PLAT & VARIANCE, FERNBROOK WOODS (87018) Item 9-B Regular Council Meeting May 4, 1987 Page 124 Attorney Thomson answered that the Council could do that for future developments; this one would be grandfathered. Director Tremere stated that, because of sewer availability, only one phase can be developed and the rest will remain as out - lots, except for Schmidt Lake Road, pending sewer availability. Mayor Schneider noted that a 4/5 vote is required and he doesn't believe the petitioner can get them with this plan. The Council could defer the item for another solution which is what he would prefer rather than denying the request. Mr. Coyle stated it strikes him that the lack of a definition of fringe, which at this point could be resolved after their pro- cess, shouldn't be included in that decision. Councilmember Vasiliou stated she is concerned that the Planning Commission recommended this unanimously and believes .it should be discussed further. Mr. Coyle stated that, if they put attached homes on the fringe, this would take out more trees; if the developer came back with a PUD, it would allow for more dense development and if they are required to redesign, more planning expenses would be incurred, as well as losing one building season. So, they would like the Council to decide tonight on the proposal as they feel they have fulfilled their requirements. Mayor Schneider stated that, if attached homes were proposed on Fernbrook Lane, no trees would be destroyed because there are none in that area. A concern is the lack of open space and amenities. There has never been a 68 acre R -1B request in the City before. This is why the City doesn't require open space. The ordinance was intended to cover smaller areas between single family and higher density/intensity development. Mr. Coyle proposed that the Council act on the zoning request on the 43 lots and defer the discussion on duplex housing and more recreational open space on the balance of the land. The devel- oper will work with the City to do more planning in the future phase areas. Councilmember Vasiliou called the question. The motion failed, two ayes. Mayor Schneider and Councilmembers Crain and Sisk voted nay. Councilmember Crain asked the attorney if the rezoning could be approved only for Phase I for 43 lots. Attorney Thomson answered that the Council can direct that the approving ordinance be modified to rezone only the Phase I 43 lots. He suggested that both resolutions be clarified to state only Phase I was included. Regular Council Meeting May 4, 1987 Page 125 MOTION was made by Councilmember Crain, seconded by Councilmem- ber Sisk, to amend the motion to add " To allow rezoning and development of Phase I of to the third paragraph after " com- pan' and in lieu of " fot' . Motion carried four ayes. Councilmember Vasiliou voted nay. MOTION was made by Mayor Schneider, seconded by Councilmember Sisk, to amend the motion to add condition No. 15 as follows: In the event the petitioner desires a development announcement sign, it shall be located at 47th Ave. and Fernbrook Lane and/or 47th Ave. and Ithaca Lane with a graphic showing proposed Schmidt Lake Road and the approved lot configuration for Phase I." Motion carried, five ayes. Councilmember Crain stated he is still uncomfortable and would have prefered seeing this as a PUD because of the lack of recre- ational space and hopes this can be addressed in future phases of this development. Mayor Schneider stated he is also concerned that an R -1B goes this far into a walking neighborhood. Motion to approve the main motion as twice amended carried, five ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- ORDINANCE NO. 87-11 ber Sisk, to adopt ORDINANCE NO. 87-11 AMENDING THE ZONING ORDI- AMENDING ZONING CODE NANCE TO CLASSIFY CERTAIN LANDS NORTHWEST OF 47TH AVENUE AND 47TH AVE. & FERNBROOK FERNBROOK LANE TO R -1B (LOW DENSITY RESIDENTIAL DISTRICT) for 87018) Phase I of the Fernbrook Woods plat per the Preliminary Plat. Item 9-B Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 87-275 SETTING CONDITION TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND LOCATED NORTHWEST OF 47TH AVENUE AND FERNBROOK LANE (87018). Motion carried on a Roll Call vote, five ayes. MOTION was made by Mayor Schneider, seconded by Councilmember Zitur, that the Planning Commission be directed to consider the intent of the R -1B district and the appropriate depth of the fringe of the walking neighborhood. Motion carried, five ayes. RESOLUTION NO. 87-275 SETTING CONDITION REZONING LAND 47TH AVE. & FERNBROOK 87018) Item 9-B Regular Council Meeting May 4, 1987 Page 126 MOTION was made by Councilmember Crain, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 87-276 APPROVING LOT CONSOLI- DATION/DIVISION FOR EDINA REALTY, INC. (87023). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 87-277 SETTING CONDITIONS TO BE MET PRIOR TO FILING AND REGARDING LOT CONSOLIDATION/DIVISION FOR EDINA REALTY, INC. (87023). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 87-278 APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR EDINA REALTY, INC. (87023). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 87-279 APPROVING SITE PLAN FOR ERIN PROPERTIES (87024). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 87-280 APPROVING LOT DIVISION FOR ERWIN STOBBE FOR PROPERTY AT 1115 GOLDENROD LANE (87012). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 87-281 SETTING CONDITIONS TO BE MET PRIOR TO FILING AND REGARDING LOT DIVISION FOR ERWIN STOBBE FOR PROPERTY AT 1115 GOLDENROD LANE (87012). Motion carried on a Roll Call vote, five ayes. Mayor Schneider stated a public hearing was held on this and asked what the timeframe was allowing deferal of action while not requiring the Council to hold another public hearing. Attorney Thomson answered that there is no time lapse on a pub- lic hearing. The legal requirement has been met. MOTION was made by Mayor Schneider, seconded by Councilmember Zitur, to table the Comprehensive Plan amendment for the Staged Growth element in sections 3 and 10 (87014) until a petition for development in this area is presented. RESOLUTION NO. 87-276 LOT CONSOLID TION DIVISION, EDINA REALTY, INC. (87023) Item 9-C* RESOLUTION NO. 87-277 SETTING CONDITIONS LOT CONSOLIDATION/ DIVISION, EDINA REALTY 87023) Item 9-C* RESOLUTION NO. 87-278 SITE LC.U.P. EDINA REALTY, INC. 87023) Item 9-C* RESOLUTION NO. 87-279 SITE PLAN ERIN PROPERTIES 87024) Item 9-D* RESOLUTION NO. 87-280 LOT DIVISION ERWIN STOBBE 87012) Item 9-E* RESOLUTION NO. 87-281 SETTING CONDITIONS LOT DIVISION, ERWIN STOBBE (87012) Item 9-E* Regular Council Meeting May 4, 1987 Page 127 Motion carried, five ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- RESOLUTION NO. 87-282 ber Sisk, to adopt RESOLUTION NO. 87-282 APPROVING CHANGE ORDER CH NGE ORDER NO. 2 NO. 2, FERNBROOK LANE STREET IMPROVEMENTS, PROJECT NO. 544 (CON- FERNBROOK LANE STREET STRUCTION OF SANITARY SEWER TO SERVE KINGS NORTH ADDITION AND IMPROVEMENTS, PROD. 544 FERNBROOK WOODS ADDITION, PROJECT NO. 655) by adding $20,752.20. Item 9-G-1* Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- RESOLUTION NO. 87-283 ber Sisk, to adopt RESOLUTION NO. 87-283 APPROVING CHANGE ORDER CHANGE ORDER N0. NO. 1, CITY CENTER BUILDING HUMIDIFICATION SYSTEM IMPROVEMENTS CITY CENTER HUMIDIFI- by adding $330.00. CATION SYSTEM Item 9-G-2* Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- RESOLUTION NO. 87-284 ber Sisk, to adopt RESOLUTION NO. 87-284 DECLARING ADEQUACY OF ORDERIN EP RT PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING, STREET LIGHTING KINGS NORTH ADDITION. KINGS NORTH ADDN. Item 9-H-1* Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- RESOLUTION NO. 87-285 ber Sisk, to adopt RESOLUTION NO. 87-285 DECLARING ADEQUACY OF ORDERING REPORT PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING, STREET LIGHTING QUAIL RIDGE OF PLYMOUTH 2ND ADDITION. QUAIL RIDGE 2ND ADDN. Item 9-H-2* Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- RESOLUTION NO. 87-286 ber Sisk, to adopt RESOLUTION NO. 87-286 APPROVING NO PARKING NO PARKING SIGN SIGN INSTALLATION ON UNION TERRACE LANE NORTH OF 36TH AVENUE. UNION TERRACE LANE Item 9-I-1* Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- RESOLUTION NO. 87-287 ber Sisk, to adopt RESOLUTION NO. 87-287 APPROVING THE PLACEMENT NO PARKING SIGNS OF NO PRKING SIGNS ON VARIOUS STREETS. Item 9-I-2 & 3* Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- RESOLUTION NO. 87-288 ber Sisk, to adopt RESOLUTION NO. 87-288 ORDERING PUBLIC HEARING ORDERING HEARING ON THE PROPOSED VACATION OF A PORTION OF DRAINAGE AND UTILITY EASEMENT VACATION EASEMENT, LOT 1, BLOCK 2, WOODLANDS ADDITION for June 1, 1987 at WOODLANDS ADDITION 7:30 p.m. Item 9-J-1* Motion carried on a Roll Call vote, five ayes. Regular Council Meeting May 4, 1987 Page 128 MOTION was made by Councilmember Crain, seconded by Councilmem- RESOLUTION NO. 87-289 ber Sisk, to adopt RESOLUTION NO. 87-289 ORDERING PUBLIC HEARING ORDERING HEARING ON THE PROPOSED VACATION OF DRAINAGE, UTILITY AND TEMPORARY EASEMENT VACATION STREET EASEMENT, FOX RUN 2ND ADDITION for June 1, 1987 at 7:30 FOX RUN 2ND ADDITION p.m. Item 9-3-2* Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 87-290 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENTS, LOT 7, BLOCK 3, LARCH HEIGHTS LAGOON 2ND ADDITION. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 87-291 REDUCTION OF SPECIAL ASSESSMENTS, LEVY NO. 9697. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 87-292 REDUCING DEVELOPMENT BOND, HUMPHREY ESTATES ADDITION (82024) to $4,000. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 87-293 REDUCING DEVELOPMENT BOND, SCHERER INDUSTRIAL DEVELOPMENT (84045) to $113,212.20. Motion carried on a Roll Call vote, four ayes. Councilmember Zitur abstained. MOTION was made by Councilmember Crain, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 87-294 REDUCING DEVELOPMENT BOND, MONTGOMERY 2ND ADDITION (85007) to $0. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 87-295 REDUCING DEVELOPMENT BOND, STEEPLECHASE 2ND ADDITION (84047) to $15,982. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 87-296 REDUCING DEVELOPMENT BOND, FOX RUN 2ND ADDITION (85066) to $17,640. Motion carried on a Roll Call vote, five ayes. RESOLUTION NO. 87-290 RDERING HE A RIN EASEMENT VACATION LARCH HEIGHTS LAGOON Item 9-3-3* RESOLUTION NO. 87-291 SPECIAL ASSESSMENT REDUCTION, LEVY 9697 Item 9-K* RESOLUTION NO. 87-292 BOND R U IN HUMPHREY ESTATES ADDN. 82024) Item 9-L-1* RESOLUTION NO. 87-293 BOND REDUCTION SCHERER INDUSTRIAL 84045) Item 9-L-2* RESOLUTION NO. 87-294 BOND REDUCTION MONTGOMERY 2ND ADDN. 85007) Item 9-L-3* RESOLUTION NO. 87-295 BOND REDUCTION STEEPLECHASE 2ND ADDN. 84047) Item 9-L-4* RESOLUTION NO. 87-296 BOND REDUCTION FOX RUN 2ND ADDN. 85066) Item 9-L-5* Regular Council Meeting May 4, 1987 Page 129 MOTION was made by Councilmember Crain, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 87-297 REDUCING DEVELOPMENT BOND, LAKE PARK HEIGHTS ADDITION (85089) to $47,667. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 87-298 REDUCING DEVELOPMENT BOND, OXBOW RIDGE ADDITION (81035) to $500. Motion carried on a Roll Call vote, five ayes. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS MOTION was made by Councilmember Crain, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 87-299 FINAL DESIGN, CONTRACT DOCUMENTS, AND BIDDING ASSISTANCE FOR FIRE STATION III. Motion carried on a Roll Call vote, five ayes. Director Moore stated the proposal is from Strgar-Roscoe to un- dertake a traffic needs analysis for Schmidt Lake Road. There are environmental concerns with the roadway so it was decided to conduct the analysis to evaluate the need, the configuration, and the impact on the environment. There would be a public in- formational meeting when the results are in. RESOLUTION NO. 87-297 BOND REDUCTION LAKE PARK HEIGHTS ADDN 85089) Item 9-L-6* RESOLUTION NO. 87-298 BOND REDUCTION OXBOW RIDGE ADDN. 81035) Item 9-L-7* RESOLUTION NO. 87-299 FIRE STTONIII Item 10-A* MOTION was made by Councilmember Sisk, seconded by Councilmem- RESOLUTION NO. 87-300 ber Crain, to adopt RESOLUTION NO. 87-300 AUTHORIZING PREPARA- TRAFFIC NEEDSANALYSTS TION OF TRAFFIC NEEDS ANALYSIS AND ENVIRONMENTAL ASSESSMENT SCHMIDT LAKE ROAD WORKSHEET, SCHMIDT LAKE ROAD FROM NATHAN LANE TO ZACHARY LANE, Item 10-B CITY PROSECT NO. 705 in a sum not to exceed $16,500 by Strgar- Roscoe-Fausch, Inc. Motion carried on a Roll Call vote, five ayes. Ann Nedoff, representing her brother and herself, requested an REQUEST FOR DEFERRAL extension of the assessment deferral against their property on OF ASSESSMENTS 18th Ave. They have tried to sell the property and have been Item 10-C told that it is too narrow to develop or would cost an extreme amount to develop. Mayor Schneider clarified that the initial agreement was to defer the assessments without interest for three years. Ms. Nedoff stated they believed someone would have purchased the property during that time, but this hasn't happened. MOTION was made by Councilmember Sisk, seconded by Councilmember Vasiliou, to extend the agreement to defer the assessments for another two years without interest. Regular Council Meeting May 4, 1987 Page 130 MOTION was made by Councilmember Zitur, seconded by Mayor Schneider, to amend the motion to one year. Councilmember Zitur stated he feels the Council should look at this again in one year. Director Moore stated a resolution amending the resolution which adopted the assessment roll should be approved. Mayor Schneider stated the timeframe was negotiated at the time the right-of-way was acquired. He believes one year at a time is enough. Motion to amend failed, two ayes. Councilmembers, Vasiliou, Crain, and Sisk voted nay. SUBSTITUTE MOTION was made by Councilmember Sisk, seconded by RESOLUTION NO. 87-301 Councilmember Vasiliou to adopt RESOLUTION NO. 87-301 AMENDING AMENDING RES. 86-619 RESOLUTION NO. 86-619 deferring the assessment with no interest DEFERRING ASSESSMENT accumulation for two more years after which time the assessments ANN NEDOFF shall automatically be placed upon the subsequent tax state- Item 10-C ments. Motion carried on a Roll Call vote, four ayes. Mayor Schneider voted nay. Manager Willis reported that the proposed tax legislation would LEGISLATIVE UPDATE call for substantial shifts .in the taxes throughout the State Item 10-D with Metropolitan area tax payers bearing a larger fiscal bur- den. The Council concurred that the City Manager has done a good Job and are recommending a 4% increase for the period 5/1/86 to 5/1/87. MOTION was made by Councilmember Vasiliou, seconded by Council- RESOLUTION NO. 87-302 member Sisk, to adopt RESOLUTION NO. 87-302 APPROVING CITY MANA- CITY MANAGER'S GER'S SALARY INCREASE to $75,700. EVALUATION Item 10-E Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- RESOLUTION NO. 87-303 ber Sisk, to adopt RESOLUTION NO. 87-303 AWARDING BID FOR 1987 1987 REFORESTATION REFORESTATION PROPOSAL to Noble Nursery in the amount of BID 20,740. Item 10-F* Motion carried on a Roll Call vote, five ayes. The meeting adjourned at 9:55 p.m. City Clerk CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 11, 1987 TO: Mayor & City Council FROM: James G. Willis, City Manager SUBJECT PUBLIC HEARING - AMENDMENT OF TAX INCREMENT FINANCING DISTRICT NO. 1-4 WITHIN DEVELOPMENT DISTRICT NO. 1. SUMMARY: The Council has scheduled a public hearing for Monday, May 18 for the purpose of receiving public comment on the amendment of Tax Increment Financing District No. 1-4 within Development District No. 1. The purpose of the economic development district, including the proposed amendment to Tax Increment Financing District No. 1-4, is to provide funding for the construction of an interchange on County Road6atI-494. Following the public hearing, adoption of the attached resolution is recommended. The Council has scheduled a public hearing on Monday eveninq in order that public input and comment may be received on a proposal to amend Tax Increment Financing District No. 1-4. The hearing provides the public with an opportunity to review the proposed tax increment financing plan for the district, which plan has been on file with the City. The development program and tax increment financing plan for this economic development district contemplates the need for tax increment financing to assist in the cost of the construction of an interchange on I-494 and County Road 6. The development program for the district contemplates that as parcels within the development district move towards development, they be included within the tax increment financing district. This option provides that the City will maximize the potential for capturing tax increments as the land develops. Tax Increment Financing District No. 1-4 was established on April 6 following a public hearing. By virtue of this amendment, four addi- tional parcels would be added. Notice of this public hearing has been published in the City's official newspaper, the Plymouth Post, in accordance with the law. In addition, we have corresponded with the Chair of the Hennepin CountyBoardofCommissioners, and the Chair of the Wayzata School District. Attached for your information is a copy of the tax increment financing plan for TIF District 1-4. PUBLIC HEARING - AMENDMENT WITHIN DEVELOPMENT DISTRICT May 11, 1987 Page two Following the public adopt the attached District No. 1-4. OGW:Jm attach OF TAX INCREMENT FINANCING DISTRICT NO. 1-4 NO. 1. hearing Monday evening, I recommend the Council resolution amendinq Tax Increment Financinq CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meetinq of the City Council of the City of Plymouth, Minnesota, was held on the day of 19 The following members were present: — The following members were absent: adoption: introduced the following Resolution and moved its RESOLUTION NO. 87 - RESOLUTION APPROVING AN AMENDED TAX INCREMENT FINANCING PLAN AND AMENDING ECONOMIC DEVELOPMENT TAX INCREMENT FINANCING DISTRICT 1-4 IN DEVELOPMENT DISTRICT NO. 1 BE IT RESOLVED by the City Council of the City of Plymouth, Minnesota, as follows: Section 1. Background. 1.01. This Council has duly established Development District No. 1 (the" District' ) in accordance with the procedures set out in Minnesota Statutes, Chapter 472A, and adopted and amended a Development Program (the" Progra& ) to construct various public improvements (the " Project') in the District; and has directed the city staff to prepare a tax increment financing plan for an economic development district (the "TIF District') within the District for consideration by the Planning Commission and the Council all in accordance with Minnesota Statutes, Sections 273.73 to 273.78, (such Sections and Chapter 472A referred to collectively as (the" Act'). 1.02. The staff has developed an amended tax increment financing plan entitled" Tax Increment Financing Plan, Tax Increment Financing District No. 1-4, City of Plymouth, Hennepin County, Approved April 6, 1987', and Amended May 18, 1987, (the " TIF Plari'). The TIF Plan has been submitted to the Planning Commission for review. The TIF Plan has been forwarded for review and comment to the Hennepin County Board of Commissioners and to the school board of the school district in which the TIF District is located, in accordance with Section 273.74, Subdivision 2 of the Act. 1.03. This Council, by Resolution No. 87-261, set a public hearing on the proposed amendment to the TIF Plan for this date, and duly published notice of the hearing was given pursuant to that resolution as required by Section 273.74, Subdivision 3 of the Act. CONTINUED ON PAGE TWO) RESOLUTION NO. 87 - Page 2 1.04. The public hearing on the amended TIF Plan was duly held on this date and all persons wishing to express an opinion, orally or in writing, were given an opportunity to be heard. 1.05. This Council finds and determines for the reasons more fully set out hereinafter that it is necessary and desirable for the sound financial management of the City and its efficient and economic development and that amended TIF District No. 1-4 be established in the District in accordance with the TIF Plan in order to construct the Protect and carry out the Program. Sec. 2. Findings. 2.01. This Council has reviewed the amended TIF Plan and finds that it conforms to the requirements of the Act and provides a workable plan for the construction and financing of the development of the District. 2.02. Pursuant to Section 274.74, Subdivision 3 of the Act, this Council makes the following specific findings: a) The proposed TIF District is an Economic Development District. The proposed TIF District .is an economic development district as defined in Section 273.73, Subdivision 12. The City Council finds that it is in the public interest to undertake the Protect and the Improvements described in the TIF Plan within the District, because these Improvements will: make feasible the development and induce and make feasible other new commercial development through the provision of an adequate roadways transportation system, and create additional employment and enhance the City's tax base through the encouragement of private commercial development. b) The proposed economic development described in the TIF Plan cannot, in the opinion of the City Council, reasonably be expected to occur solely through private development within the reasonable f orseeable future and therefore the use of tax increment financing is deemed necessary. The proposed development in the District has been planned and predicated on the provision of an adequate roadways transportation system by the City to service an area that previously was not serviced by roadways. A traffic analyses conducted by an independent engineering consulting firm and by the City staff has determined that there is insufficient traffic capacity within the District to accommodate new commercial/industrial growth. Therefore, the proposed development cannot reasonably be expected to have occurred or to occur in the absence of the Protect and the Improvements. The Improvements described in the Plan will meet this purpose. CONTINUED ON PAGE THREE) RESOLUTION NO. 87 - Page 3 c) The TIf Plan conforms to the general plan for the development of the City as a whole. The City's.Planning Commission has reviewed the Proqram for the District and the proposed Improvements, and found them to be in conformance with the City's Comprehensive Plan, including the City's Capital Improvement Program. d) The TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the project proposed in the Program by private enterprise. The opportunity and feasibility for development of the District by private parties is maximized through the use of tax increment financing. While a portion of the costs of the Improvements will be met through special assessments, this source of funding is not sufficient by itself to fund the Improvements. Given the unavailability of funding from other governmental sources and the necessity of the Improvements as an Inducement to private development, the use of tax increment financing will maximize the development opportunities within the District. e) The City elects the method of tax increment computation set forth in Section 273.76, Subdivision 6, Clause (b) of the Act. Pursuant to Section 273.76, Subdivision 3, of the Act, the City elects the method of tax increment computation as defined in clause (b), whereby the contribution ratio for the City under the Fiscal Disparities requirements (Minnesota Statutes, Chapter 473F) will be applied proportionately to all commercial/industrial properties within the City, including properties within the District. Sec. 3. Establishment; Certifications; Filin 3.01 The amended TIF Plan dated May 18, 1987 is approved. The TIF Plan is incorporated by reference herein. 3.02. The TIF District No. 1-4 as described in the TIF Plan is established. 3.03. The City Clerk is authorized and directed to transmit a certified copy of this resolution together with a certified copy of the TIF Plan to the Director of Property Taxation of Hennepin County with a request that the original assessed value of the District be certified to the City pursuant to Section 273.76, Subdivision 1 of the Act. 3.04 The City Clerk is further authorized and directed to file a copy of the TIF Plan with the Minnesota Energy and Economic Development Authority. 3.05. This Council shall at the appropriate time take action to issue and sell its general obligation bonds to finance the Improvements as described in the TIF Plan. CONTINUED ON PAGE FOUR) RESOLUTION NO. 87 - Page 4 Sec. 4 Administration. 4.01. The City Manager shall establish such special funds and accounts as are necessary and required by the Act and subsequent resolution of this Council to insure compliance with the Act and the proper use of tax increments from the District. 4.02. The administration of Development District No. 1 and TIF District No. 1-4 is the responsibility of the City Manager. He shall insure that all reports and disclosures required by Section 273.74, Subdivision 5 of the Act are made. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. PRELIMIN Y DQK DEVELOPMENT DISTRICT NO. 1 AMENDMENT NO. 3, MAY 18, 1987) AND TAX INCREMENT FINANCING PLAN FOR AN ECONOMIC DEVELOPMENT DISTRICT NO. 1-4 CITY OF PLYMOUTH, MINNESOTA APPROVED APRIL 6, 1987 RESOLUTION 87-216 AMENDED MAY 18, 1987 RESOLUTION 87- TAX INCREMENT FINANCING PLAN 1-4 Subsection A. Subsection B. Subsection C. Subsection D. Subsection E. Subsection F. Subsection G. Subsection H. Subsection I. Subsection J. Subsection K. Subsection L. Subsection M. Subsection N. Subsection 0. Subsection P. Subsection Q. Subsection R. Subsection S. Subsection T. Subsection U. Subsection V. TABLE OF CONTENTS Foreward.................................................. Use of Tax Increment— ..... o_ ........... o ............... Excess Tax Increment ...................................... Limitation of Increment ................................... Limitation on Administrative Expenses ..................... Parcels for Acquisition ................................... Estimate of Costs ......................................... Supportive Data for Estimated Costs ....................... Bond Issue Determination, Exhibit 1.00 .................... Sources of Revenue ........................................ Estimate of Tax Increment ................................. Original Assessed Value ................................... Current Assessed Value & Adjustment for Five -Year History, Estimated Captured Assessed Value/Increment............... Notification of Prior Planned Improvements ................ Tax Increment Financing Account for the Tax 1 2 2 3 4 4 4 W 6 6 6 6 7 7 7 Increment District ...................................... 7 Duration of the District .................................. 8 Estimated Impact on Other Taxing Jurisdictions............ Annual Disclosure Requirements ............................ Requirements for Agreements with the Developer............ Assessment Agreements ..................................... Cash Flow Assumptions and Analysis.......... ..... o ...... o. Subsection W. Cash Flow ................................................. Subsection X. Assessed Value of Parcels in Tax Increment Finance District No. 1 and Determining Five Year Historical Value Factor ............................................. Subsection Y. Consultations ............................................ Subsection Z. Hearing .................................................. 8 9 10 10 10 13 15 17 17 TAX INCREMENT FINANCING PLAN 1-4 A. Foreward The City staff and consultants have prepared the following information to expedite and create Tag Increment Finance District No. 1-4. The finance district lies within Development District No. 1 that was duly created on December 15, 1980 (Resolution 80-886), amended December 19, 1983 (Resolution 83-677), May 20, 1985 (Resolution 85-348), October 28, 1985 (Resolution 85-878), November 3, 1986 (Resolution 86-736), and May 18, 1987 (Resolution 87- ). The City of Plymouth is currently experiencing substantial growth in Development District 1. As development occurs in this area, it will be necessary for the City to undertake major roadway construction to improve not only internal circulation, but to improve access to Interstate Highway 494. The City's Thoroughfare Guide Plan contemplates the construction of an interchange at I-494 (a principal arterial) and County Road 6 (a minor arterial). The City's current 1987-1991 Capital Improvement Program has programmed that improvement for 1989. Previous traffic studies undertaken by the City have documented the need for additional roadway improvements as the community continues to develop. Based upon previous development activity, as well as current indications of future development activity, the City projects that the area will fully develop by 1999. With development continuing at a rapid pace, the City of Plymouth is faced with the need to expedite the construction of certain roadways and improvements to roadways in order to meet the demands placed upon the roadway systems. The construction of certain public highway improvements within the development district, in accordance with the City's thoroughfare planning objectives for major ongoing development, has been delayed because of lack of Minnesota Department of Transportation, Hennepin County Department of Transportation and local government funding. This results in the inadequate development of the City's transportation system, which has an adverse impact upon existing business enterprises anticipating and requiring such improvements, as well as prospective business activities which would enhance employment opportunities and the tax base of the community. The City Council determined that funding of the necessary activities and improvements of the amended development district shall be accomplished through tax increment financing in accordance with Sections 273.71 through 273.78 inclusive of the Minnesota Statutes (the "Tax Increment Act"). The City of Plymouth created Tax Increment District No. 1-2 on June 3, 1985 by Resolution 85-391, created Tag Increment District No. 1-2A, on October 28, 1985 to assist in the financing of the interchange improvement. Because of the cost of the interchange improvement the City is not able to finance this improvement with only the revenues from Tax Increment District No. 1-2 and No. 1-2A. The City created Tax Increment District No. 1-3 on March 17, 1986 and subsequently amended the District on September 9, 1986 and November 3, 1986. The City created Tax Increment District No. 1-4 on April 6, 1987 and subsequently amended the District on May 18, 1987. It is the intention of the City to create Tax Increment District No. 1-5 or other future tax increment 1 districts from the parcels listed in proposed TID No. 1-5 in 1988 or thereafter. This report outlines the projected parcels and projected valuations to be captured within each Tax Increment District. The City reserves the right to modify the timing and determine which parcels are to be within each future Tax Increment District. Based on current projections, sufficient tax increments are projected to be generated to finance the construction of the interchange at County Road 6 and I-494. The City will pledge available tax increment revenues from Tax Increment District No. 1-2, 1-2A, No. 1-3 and No. 1-4 and the future Tax Increment District No. 1-5 to the repayment of Tax Increment Bonds and funds that have been advanced to fund construction proposed for the interchange at County Road 6 and I494. The City reserves the right to issue additional bonds and create other additional financing districts as may be necessary to complete the financing. B. Use of Tax Increment Pursuant to Section 273.75, Subd. 4, of the Tax Increment Act, all revenues derived from the Tax Increment District shall be used in accordance with the tax increment financing plan. The revenues shall be used for the following purposes: 1. to pay the principal of and interest on bonds used to finance a project; 2. to finance or otherwise pay the capital and administration costs of the Development District pursuant to the Development District Act; 3. to accumulate and maintain a reserve in a special development account for the payment of principal and interest on bonds used to finance a project as allowed in Minnesota Statutes Chapters 462C and 474; 4. to pay for project costs as identified in the budget; and 5. to finance or otherwise pay for other purposes as provided in Section 273.75, Subd. 4, of the Tax Increment Act. These revenues shall not be used to circumvent any levy limits. C. Excess Tax Increments Pursuant to Section 273.75, Subd. 2, of the Tax Increment Act, in the year in which the tax increment exceeds the amount necessary to pay the costs authorized by the tax increment financing plan, including the amount necessary to cancel any tax levy as provided in Minnesota Statutes, Section 475.61, Subd. 3, the City shall use the excess amounts to: 1. prepay any outstanding bonds; 2. discharge the pledge of tax increment therefor; 3. pay into an escrow account dedicated to the payment of such bonds; or 4. return the excess amount to the County Auditor for distribution as provided in Section 273.75, Subd. 2, of the Tax Increment Act. 2 D. Limitation of Increment Pursuant to Section 273.75, Subd. 1, of the Tax Increment Act: 1. No tax increment shall be paid to the City for the Tax Increment District after three (3) years from the date of certification of the original assessed value of the taxable property in the Tax Increment District by the County Auditor unless within the three (3) year period: a) bonds have been issued pursuant to Section 273.77 or in aid of a project pursuant to any other law, except revenue bonds issued pursuant to Chapter 474 prior to August 1, 1979, or b) the City has acquired property within the Tax Increment District or c) the City has constructed or caused to be constructed public improvements within the Tax Increment District. 2. The tax increment pledged to the payment of bonds and interest thereon may be discharged and the Tax Increment District may be terminated if sufficient funds have been irrevocably deposited in the debt service fund or other escrow account held in trust for all outstanding bonds to provide for the payment of the bonds at maturity or redemption date. 3. No tax increment shall in any event be paid to the City from the Tax Increment District after eight (8) years from date of the receipt by the City of the first tax increment or ten (10) years from approval of the tax increment financing plan, whichever is less. Modification of this tax increment financing plan pursuant to Section 273.74, Subd. 4, of the Tax Increment Act shall not exceed the durational limits of the provision. 4. If, after four (4) years from the date of certification of the original assessed value of the Tax Increment Financing District, pursuant to Section 273.76 of the Tax Increment Act, no demolition, rehabilitation or renovation of property or other site preparation, including improvement• of a street adjacent to a parcel but not installation of utility service including sewer or water systems, has been commenced on a parcel located within the Tax Increment District by the City or by the owner of the parcel in accordance with the tax increment financing plan, no additional tax increment may be taken from that parcel, and the original assessed value of that parcel shall be excluded from the original assessed value of the Tax Increment Financing District. If the City or the owner of the parcel subsequently commences demolition, rehabilitation or renovation or other site preparation on that parcel, including improvement of a street adjacent to that parcel, in accordance with the tax increment financing plan, the authority shall certify to the County Auditor that the activity has commenced, and the County Auditor shall certify the assessed value thereof as most recently certified by the Commissioner of Revenue and add it to the original assessed value of the Tax Increment District. For purposes of this subdivision, "parcel" means a tract or plat of land established prior to the certification of the District as a single unit for purposes of assessment. 3 A list will be maintained by the City Building Inspector to document all building permits issued within the district for private redevelopment and development including alterations, additions, new construction and demolition. E. Limitation on Administrative Expenses Pursuant to Section 273.75, Subd. 3, of the Tax Increment Act, no tax increment shall be used to pay any administrative expenses for the project which exceed ten percent (10%) of the total tax increment expenditures authorized by the tax increment financing plan or the total tax increment expenditures for the project, whichever is less. F. Parcels for Acquisition 1. Properties identified for acquisition have been or will be acquired by the City in order to accomplish one or more of the following: provide the necessary right-of-way for construction of the proposed interchanges; easements for the construction of utilities; carry out clearance and/or development to accomplish the uses and objectives set forth in this plan; The City is prepared to or has acquired title to all or a portion of the following parcels: Parcel Identification Numbers 22-118-22-31-0010 22-118-22-32-0004 22-118-22-32-0005 22-118-22-34-0007 22-118-22-33-0006 22-118-22-33-0001 22-118-22-33-0002 22-118-22-33-0005 22-118-22-33-0003 22-118-22-33-0004 22-118-22-32-0014 22-118-22-32-0008 2. The following are conditions under which properties not designated to be acquired may be acquired. The City may acquire additional property by gift, dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of this tax increment financing plan. Such acquisitions will be undertaken only when there is assurance of funding to finance the acquisition and related costs. G. Estimate of Costs An estimated cost breakdown associated with financing District No. 1-4 under the Development Program is provided in Subsection I page 6. 4 H. Supportive Data for Estimated Costs of Improvements for Development District Under Development Program The cost of the interchange at County Road 6 and I-494 was estimated at 6,000,000 in 1985 costs. These costs are estimated as follows: Right of Way Acquisition $1,400,000 Construction Cost & Contingency 3,700,000 Legal, Administration, Engineering 900,000 Total Estimated Cost $6,000,000 It is proposed that this project be bid in 1989 and construction completed in 1990. To this cost estimate an inflation factor of 5% per year has been added for a total cost projected to be financed with Tag Increment Revenues of 8,000,000. Item Acquisition Costs Total Construction, Engineering and Contingency Costs Administration and Administrative Expense (6.25%) Total Projected Costs Revenue projected from Tax Increment District No. 1-2 District No. 1-2A District No. 1-3 District No. 1-4 District No. 1-5 Total Revenue from Property Sales V Basis for Estimate 1,800,000 5,700,000 500,000 8,000,000 3,057,018 268,522 1,624,402 1,564,698 4,073,173 10,587,813 There are no revenues anticipated from the sale of property. I. Bond Issue Determination Bond Issue Determination For: City of Plymouth, Minnesota Development District No. 1, Financing District No. 1-2, 1-3, 1-4, 1-5 Interchange with County Road 6 and I-494 Acquisition of property $1,800,000 Administration 500,000 Construction cost, engineer & contingency 5,700,000 Net project cost $8,000,000 Less: Available tax increment revenues 295,000 Amount to finance $7,705,000 Discount allowance 140,000 Finance related fees 45,000 Subtotal $7,890,000 Less: Interest earned during construction (other interest Section W - Cash Flow) 40,000 Bond Issue $7,850,000 J. Sources of Revenue Costs outlined in the Estimate of Costs, Subsection G, will be financed through the annual collection of tax increments. See Cash Flow Analysis in Subsection W, page 13, for more detail on tax increment assumptions, as well as Subsection N - Estimated Captured Assessed Values, page 7. R. Estimate of Tax Increment The estimate of tax increment is set forth on the following pages and Subsection W, Page 13. Total tax increment revenues for Tax Increment District No. 1-4 are projected to be $1,564,698 through 1995. L. Original Assessed Value Pursuant to Section 273.74, Subd. 1, of the Tax Increment Act, the Original Assessed Value ("OAV") for the Tax Increment Finance District No. 1-4 is estimated to be $298,480 on all taxable real property within the Tax Finance Increment District. Pursuant to Section 273.76, Subds. 1 and 4 of the Tax Increment Act, the County Auditor shall certify in each year (beginning in the payment year 1988) the amount by which the original assessed value has increased (see next section), reduction or enlargement of, the Tax Increment District or changes in connection with previously issued building permits. In any year in which the current assessed value of the Tax Increment District declines below the OAV, no assessed value will be captured and no tax increment will be payable to the City. 6 M. Current Assessed Value The current assessed value is projected to be $298,480. N. Estimated Captured Assessed Value/Increment Pursuant to Section 273.74, Subd. 1, and Section 273.76, Subd. 2, of the Tag Increment Act, the estimated captured assessed value in the Tag Increment District No. 1-4 within Development District No. 1 as of January 2, 1987, will be $298,480, as of January 2, 1988 will be $2,539,118 and as of January 2, 1989 will be $2,678,008. New construction is expected to be essentially completed and its value added to the district. Beginning in 1988 the City will receive no increment, and then up to eight years of increments or until the debt service is funded. The first year increment is estimated at $0 in 1988, $214,387 in 1989 and 226,989 in 1990. 0. Notification of Prior Planned Improvements The City shall, after due and diligent search, accompany its request for certification to the County Auditor or its notice of Tag Increment District enlargement with a listing of all properties within the Tax Increment District or area of enlargement for which building permits have been issued during the eighteen (18) months immediately preceding approval of the tax increment financing plan by the municipality pursuant to Section 273.76, Subd. 4, of the Tax Increment Act. The County Auditor shall increase the original assessed value of the Tag Increment District by the assessed value of improvements for which a building permit was issued during the three (3) month period immediately preceding approval of the tax increment financing plan as certified by the assessor. P. Tax Increment Financing Account for the Tax Increment District The tax increment received with respect to the Tax Increment District shall be segregated by the City in a special account or accounts on its official books and records or as otherwise established by resolution of the City to be held by a trustee or trustees for the benefit of holders of the bonds. 7 Q. Duration of the District Pursuant to Section 273.75, Subd. 1, of the Tax Increment Act, the duration of the Tax Increment District No. 1-4 within Development District No. 1 of the City will be eight (8) years from the date of receipt by the City of the first tax increment or ten (10) years from approval of the tax increment financing plan, whichever is less. The date of receipt by the City of the first possible tax increment will be July 1, 1988. Thus, it is estimated that the Tax Increment District, including any modifications for subsequent phases or other changes, would terminate in 1995. The cash flow in Subsection W, page 13, projects Tax Increment District No. 1-4 to terminate in 1995. R. Estimated Impact on Other Taxing Jurisdictions It is anticipated that assessed value of the parcels included in the Tax Increment District will remain relatively stable from year to year because of the completion of construction thereon, the impact of tax increment financing on the assessed values of all taxing jurisdictions in which the Tax Increment District is located in whole or in part would also remain stable from year-to-year. Based on this assumption, it is anticipated that tax increment will be captured annually as stated in Subsection N, page 7. The estimate is based on the qualifications identified in this report and does not include the possible tax increment derived from any other future development, mill changes or inflation factors after 1986/87. The total estimated assessed value of Tax Increment District No. 1-4 upon certification is $298,480. Assessed Value of Each Government Body 1986/87 Hennepin County I.S.D. No. 284 (Wayzata) I.S.D. No. 287 (AVTI) Metropolitan Council Metropolitan Transit Commission Total Value In 000's) of District to Total 8,828,563 0000114% 458,856 000229% 5,622,284 0000184% 15,825,548 0000062% 13,944,296 0000069% School District No. 284 comprised 50% of the 1986/87 mill rate, while Hennepin County and Special Districts comprised 35%. The City of Plymouth made up 13.5% of the 1985/86 cumulative mill levy for the taxing jurisdictions affected by the Tax Increment District proposal. A mill rate of 96 mills has been utilized throughout the cash flow analysis employed in this tax increment financing plan and for this analysis. The fiscal impact of the Tax Increment District to each of the affected taxing jurisdictions will be dependent on whether that taxing jurisdiction levies in dollars or in a mill levy. The fiscal impact of the average tax increment to each of the taxing jurisdictions is listed on the following page. E. Percent of Tax Increment #1-4 Attributable to Taxing Jurisdictions Taxing Jurisdiction Hennepin County & Special Districts City of Plymouth School Districts: I.S.D. No. 284 (Wayzata) I.S.D. No. 287 (AVTI) Total S. Annual Disclosure Requirements Average Percent Mill Rate of Levy First Full Levy Received 34.4 35.52% 80,626 14.5 14.99% 34,026 46.5 47.95% 108,842 1.5 1.54% 3,495 96.9 100.00% 026,989 Pursuant to Section 273.74, Subd. 5, of the Tax Increment Act, the City must file an annual disclosure report for the Tax Increment District. The report shall be filed with the school board, the county board, the Minnesota State Planning Agency and the City. The report to be filed by the City shall include the following information: 1. the amount and source of revenue in the tax increment account; 2. the amount and purpose of expenditures from the account; 3. the amount of any pledge of revenues, including principal and interest, on any outstanding bond indebtedness; 4. the original assessed value of the Tax Increment District; 5. the captured assessed value retained by the City; 6. the captured assessed value shared with other taxing districts; 7. the tax increment received; 8. any additional information to demonstrate compliance with the tag increment financing plan. Section 273.74, Subd. 5, of the Tax Increment Act also provides that an annual statement showing the tax increment received and expended in that year, the original assessed value, captured assessed value, amount of outstanding bonded indebtedness and any additional information the City deems necessary shall be published in a newspaper of general circulation in the City. 0 4 T. Reauirements for Agreements with the Develover Pursuant to Section 273.75, Subd. 5, of the Tax Increment Act, no more than ten percent (10X), by acreage, of the property to be acquired in the Tax Increment District as set forth in the tax increment financing plan shall at any time be owned by the City as a result of acquisition with the proceeds of bonds issued pursuant to Section 273.77 of the Tax Increment Act without the City having, prior to acquisition in excess of ten percent (10X) of the acreage, concluded an agreement for the development of the property acquired and which provides recourse for the City should the development not be completed. The City does not intend to acquire property for any developer as a part of this project. U. Assessment Agreements The City may, upon entering into a development or redevelopment agreement, enter into a written assessment agreement in recordable form with the developer or redeveloper of the property within the Tax Increment District which establishes a minimum market value of the land and completed improvements to be constructed thereon, until a specified termination date, which date shall not be later than the duration of the Tax Increment District. The City does not anticipate acquiring or assisting any developer as a part of this project. A written agreement will therefore not be necessary. V. Cash Flow Assumptions and Analysis (For Subsection W, Page 13.) Projected Assessed Value The current assessed value, according to discussions with the City Assessor, is $298,480. Projected Timing The first Tax Increment, projected at $0, will be received approximately July 1, 1988. The 1989 increment is projected at $214,387 and 1990 increment of $226,989. Base Assessed Value & Base Adjustment 298,480 — 1986/87 Assessor's Records. Mill Rate The 5 year average mill rate for the City of 96 mills is used in the projection. 10 V. (Continued) Land Sales 0 Bond Issues 7,850,000 total bonds issued as part of one bond issue. Inflation Rate 0% per year Capitalized Interest No capitalized interest is projected to be necessary. Investment Interest Rate Investment interest is estimated at 5.50%. This is the estimated rate at which unspent project funds will earn interest as well as any surplus tax increment funds. This rate depends upon rates paid on savings and arbitrage considerations. Tax Increment Revenues TID 411-4 The initial tax increment has been projected at $0 in 1988 and $214,387 in 1989 and $226,989 in 1990 assuming a static mill rate of 96 mills. These tag increment revenues are projected to increase with a 0% inflation factor per year thereafter. Projected assessed valuations are projected after deducting for a fiscal disparity contribution for each parcel. The base valuation is increased to 2.49% or the 5 year historic average each year. Total tax increment revenues are projected to decrease each year thereafter. Capital Expenditures & Other Expenditures These expenditures are a summary of the budget items associated with the land acquisition described in, Subsection F and H which are to be financed from bond proceeds. This cash flow assumes that bonds are sold in 1989 and all of the bond proceeds will be obligated or spent by the end of 1990. Estimate of Amount of Bonded Indebtedness Pursuant to Section 273.74, Subd. 1, of the Tax Increment Act, the estimated bonded indebtedness required to amortize the costs identified in the budget is included in this subsection of the tax increment financing plan. General obligation bonds issued in the amount of 7,850,000 will be required to amortize costs. This amount is subject to change based on actual costs, current financial market conditions at the time the bonds are sold and any other changing factor. 11 City Advances - Revenue 1 The City has and will incur financial costs as the interchange right-of-way is acquired and engineering costs are incurred. The City will advance funds (estimated at $389,565) necessary to finance these costs until sufficient tag increment revenues are available or bond proceeds are available to reimburse the City for these advanced funds including interest due. Tag Increments from Tag Increment Districts 1-3, 1-4 and 1-5 - Revenue 2 The City has established Tag Increment District No. 1-4 and this Tax Increment District may subsequently be amended. At this time the City has projected Tax Increment District No. 1-5 in 1989. Revenues from the Tag Increment Districts are projected based on the same assumptions outlined for these Tag Increment Districts and are listed jointly under this heading. Reimbursement of City Advances (Old Debt) The reimbursement of advances made be reimbursed under OLD DEBT in the funds in the amount of $295,000 are effect reduce the amount of bonds to Early Bond Redemption in 1985, 1986 and 1987 are shown to year 1990. Projected tag increment included in the amounts shown and in be offered in 1989. Any revenues found on Subsection W, under RESERVE, may be used to redeem the bonds prior to maturity. 12 W. Cash Flow The following exhibit demonstrates the cash flow for Tag Increment Financing District No. 1-2, 1-3 and 1-4 and proposed Tax Increment Districts 1-5 within Development District No. 1, based on the assumptions detailed in Section V. Tax Increment Financing Computer Run for Plymouth, Minnesota TID 1-4 Tax Increment Debt Service Planning TID Base Year (1986) Taxable Val = (298,480) Mills - (96.00) Five Historical Factor s (2.49X) TID Adj. Year Proj. Base Tax Val Tax Inc. 1987 298,480 298,480 0 1988 305,922 2,539,118 0 1989 313,539 2,678,008 214,387 1990 321,346 2,678,008 226,989 1991 329,348 2,678,008 226,239 1992 337,540 2,678,008 225,471 1993 345,953 2,678,008 224,685 1994 354,568 2,678,008 223,877 1995 223,050 1,564,698 13 W. (Continued) EXHIBIT - 5.05 TAX INCREMENT FINANCING PAGE I OF 2 COMPUTER RUN FOR CITY OF PLYMOUTH, MINNESOTA PAGE 2 OF 2 COMPUTER RUN FOR CITU OF PLYMOUTH, MINNESOTA PROJECTED CASH FLOW FOR FINANCE DISTRICTS 1-2 THRU 1-5 IN DE DISTRICTS 1-2 THRU 05/01/87 TAX INCREMENT DEBT SERVICE PLANNING FIRST YEAR INTEREST FACTOR 1 TID BASE YEAR (1984) TAXABLE VAL -1 7284801 MILLS -1 96.0001 FIVE YEAR HISTORICAL FACTOR 1 9.200%) ADJ. PROD. TID REVENUE---------------- MAT REV INVEST OLD EXPENDITURES------ ANNUAL REV YEAR BASE TAX VAL TAX INC REV 1 REV 2 BONDS TOTAL CAPITAL OTHER TOTAL EXPENSE 1984 728480 0 0 118079 0 0 118079 0 118079 118079 0 1985 795500 819365 0 88943 0 0 88943 0 88943 88943 0 1986 8686% 4410373 2291 82543 8475 0 93309 0 62543 82543 10766 1987 94B605 5908528 340001 100000 38945 0 478946 0 100000 100000 378946 1988 1035876 5908528 476152 0 502376 7850000 8828528 3610435 0 3610435 5218093 19e9 1131177 5908528 467774 0 1101868 0 1569642 4000000 0 4000000 2430357- 1990 1235246 5908528 458625 0 1084547 0 1543172 0 0 0 1543172 1991 1348888 5908528 448635 0 1069767 0 1518402 0 0 0 1518402 1992 1472986 5908528 437725 0 1057105 0 1494830 0 0 0 1494830 1993 1608501 0 425811 0 1038396 0 1464207 0 0 0 1464207 1994 1756483 0 0 0 985821 0 985821 0 0 0 985821 1995 1918079 0 0 0 567459 0 567459 0 0 0 567459 1996 2094543 0 0 0 0 0 0 0 0 0 0 1997 2287241 0 0 0 0 0 0 0 0 0 0 3057018 389565 7454759 0 10901342 7610435 389565 8000000 PROGRAM 'TIDCFLOW', DATA FILE >>PLYI*n5 COPYRIGHT EHLERS AND ASSOCIATES, INC., APRIL 18, 1985 EXHIBIT 5.05 PAGE 2 OF 2 COMPUTER RUN FOR CITU OF PLYMOUTH, MINNESOTA PROJECTED CASH FLOW FOR FINANCE DISTRICTS 1-2 THRU 1-5 IN DE 05/01/87 FIRST YEAR INTEREST FACTOR 1 ESTIMATED INVESTMENT RATE FOR RESERVE 5.50% ESTIMATED COUPON INTEREST ON BONDS 6.25% MAT REV INVEST OLD NEM---- ANNUAL RESERVE CITY T V YEAR {XP EARNING SUBTOTAL DEBT SUBTOTAL PRIN P 6 I SUR/DEF OR MILL* 000'S) FIRST INVESTMENT PERIOD IS 1 YEARS, ON THIS BALANCE FROM PROCEEDS >>> 0 1985 0 0 0 0 0 0 0 0 0 390000 1986 0 0 0 0 0 0 0 0 0 391000 1987 10766 0 10766 0 10766 0 0 10766 10766 392000 1988 378946 592 379538 0 379538 0 0 379538 390304 393000 1989 5218093 21466 5239559 519205 4720354 0 490625 4229729 4620034 394000 1990 2430357-254101 2176256- 0 2176256- 950000 1440625 3616881- 1003153 395000 1991 1543172 55173 1598345 0 1598345 1000000 1431250 167095 1170248 396000 1992 1518402 64363 1582765 0 ISM765 1150000 1518750 64015 1234263 397000 1993 1494830 67884 1562714 0 1562714 1000000 1296875 265839 1500103 398000 1994 1464207 82505 1546712 O 1546712 1000000 1234375 312337 1812441 399000 1995 985821 99684 1085505 0 1085505 1000000 1171875 86370- 1726071 400000 1996 567459 94933 662392 0 662392 600000 709375 46983- 1679088 401000 1997 0 92349 92349 0 92349 575000 646875 554526- 1124562 402000 1998 0 61850 61850 0 61850 575000 610937 549087- 575474 403000 TOTAL PRINCIPAL 7850000 TOT INTR 0 6.250% 2701562 TOTAL P AND I 10551562 BOND YEARS 43225.000000 AVERAGE MATURITY 5.506000 PROGRAM "TIDCFLOW', DATA FILE >>PLY1{245 COPYRIGHT EHLERS 6 ASSOCIATES INC., APRIL 18, 1985 14 R R. Assessed Value of Parcels in Tax Increment Finance District No. 1-2 and 1-3 and Proposed Tax Increment Districts No. 1-4 and 1-5 with 5 yr. Historic Value Factor 1+HIH T NO 1.00 CITY OF PLYMOUTH, MINNFSPIA DATED 4/30i39P7 LI S11Mr.. OF PARCFLF IN TAX INCREMENT D1F1 1-2 A ESTIMATED EUTURE PARCEL ASSESSE I• VALUE D 1014 F 65 PRU! MAP 1979 1984 S YR tPROJECTEP ASSE 5SET, VALUES AFTER CONTRIBUTION TO FISCAL DISP.) NU. PARCEL NUMPER NO. A V A V N1S1 1985 19146 1967 19PN 196V 1990 1991 1992 190- 1-: 1 -118 -22 -3? -001? 1 57316 133140 26.49% 1210116 1172114 1-:• 21-118-22-32-0007 3 9725 19120 19.322 69068 138632 12 21 -1)14 -2? -3? -000d `. 9725 28080 37.75% 71734 122636 1-: I-118-2--4?-0017 19 833 i4 139600 13.502 644924 1115996 1-2 118-22-32-0001 21 10254 16280 032 60537 1-2 P -IIB -22-13-0003 23 211811 34640 7.92% 215698 1-? 28-118-22-13-0004 210 436817 6280 8.524 245024 1-: B -IIP -22-13-0005 2`-370 14100 13.272 217031 169787 1-' 28-1168-22-14-0017 27 53664 76360 6.22% 219682 22189 1-? 214-118-22-34-001: ^' 0 279069 1-2 27 -IIP -22-72-0007 36 29412 347600 3.6. 00% 42 17588 1-? 7-118-22-21-0007 39 72541 75600 842 97067 573190 1-2 2-1168-22-34-0019 48 32078 35960 2.42% 103726 773140 7-2 lIB-22-34-0006 49 49850 36160 2.30% 125054 PPOJECT 1-2 5 TOT 498897 728480 ANNUAL % INCREASE (5 YR) 9.20: CUMULATIVE TOTAL 490097 720490 1-2A 21-118-22-31-0005 8 32000 34280 1.12% 21254 53146 22-41-0025 18 19200 22720 3.674 116086 46984 1-:A 21 -118 -22 -YY -00168 16 30000 32920 1.95% 21576 66154 26-1168-??-33-00?1 50 19920 22000 2.09% 93062 61318 1-2A 9 -118 -??-33-0007 51 9400 10400 2.13% 6448 2043', A 29-110-22-33-000F 52 11676 12796 1.92% 7934 153587 PROJECT1-2 5 TO1 122196 135116 ANNUAL X INCREASE (5 YR) 2.11% CUMULATIVE TOTAL 621093 963596 1-3 21-11P-22-32-0009 4 17880 19120 1.39% 11054 302486 1-3 7 -IIF -22-44-0001 35 22#&00 25120 2.163% 15574 298766 1-3 31, -118 -2? -44-0011 31 73100 131720 16.04% 81666 579254 1-3 21 -1168 -2? -32-0006 2 22080 2Y80D 462 15376 245644 1-3 14-1168-22-14-000' 28 16120 116?40 37.37% 28669 285671 1-3 28-1714-2?-14-OOnA '9 19320 44720 2P.8?2 27726 333269 1-3 28-11 P-22-14-OUn= 30 18360 44840 78.852 27801 366743 1-3 IIP-22-44-000: 53 1?104 11175 1.67: 8131 226229 1-3 27-118-4141-43-000? 54 14316 14681 51- 910? 257918 1-3 27-110-22-43-0014 5 0 0 001 1-3 27-11F-22-43-0013 56 0 0 00- PROJECT 1-3 S TOT 214680 364356 ANNUAL 2 INCPEASE 15 YR 13.94: CUMULATIVE TOTAL 8-`.•773 1227952 4 21-IIb--- :-0(.,I 1 r.+1r 110 4.94', e:'U.'<> 1-4 r lle-_: 1=-u1, 7 -- S440u a840u 2.0 IibnYO 138bvu 14 1 116-2:-114-e1,:) I: 91rU:! BoU Ufr 90: 794.. !U 1-Y 21 -.Ib -22-34-000v IU r9eUU 71 t, 4.1:1. 9:-i 1-4 21-116-22-44-0--1 1 14 1,3. Ir 1401, 1.06% 1-4 27-71 b-2-44-6003 57 23924 24000 07'- 26J3e6 PROJECT 1-4 S TUT 2.5432 96480 ANNUAL % INCREASE (5 YUi 2.49% CUMULATIVE TOTAL 1141205 152.4 --2 1-5 21 -118 -?2-43-0001 20 39600 147926 4.20% 470514 1-S 2t1-118-4141-13-0 UU1 2 2110DU 2.720 4.97% 224 336 1-5 2b-116-22-14-0407 28 Ie 120 YO240 37.37: 392427 1-5 26-116-22-111-0008 29 1832" 464724 28.02% 379417 3- o U6 2 680 248u6 2.461 292665 3-5 21 -118 -?2-3)-0004 7 25000 37120 5.70- 252515 1-5 21-116-22-31-110)3 9 15560 162120 34.14% 384829 1-: 21-178-22-42-0010 31 27600 34604 222 280722 1-5 21-118-22-44-0076 15 55640 67200 4.17% 927520 1-5 2N -718-2:-14-000Y 30 18360 111(940 20.95% 380510 S 34-116 :2-34 -1100, 32 73794 1.872 4.166: 74696. 1-5 116-22-32-Oul] 33 IOTG 111000 8! 909?9 1-5 27-I1b-?:-13-8002 37 IOOD 1040 001 16095 1-5 7 -119 -2? -13-0411, Sb 2B110U 30400 1.71% 21239? 1-5 27-118-2: _2-0404 44 37'9$j]9680 1.291 334603 f-:• 27 -]Ib -22-22-0010 YI 214b8U 30400 1.05% 344706 l-5 27 -176 -?2-37-0007 113 17200 23129 6.99% a^^72057 1-5 118-J:-33-0004 44 21900 29040 6.64, 217631 I -h Is -000t- 45 24764 31000 4.23: 323431 1-5 110-2.-]]-0011. 46 34690 216" 962 334201 PRUJEET 1-5 5 101 473704 659126 ANNUAL % INCREASE (5 YR) 7.79% CUMULAIIVE TOTAL 3574909 21610552 TOTAL ALL PARCELS 1574909 2194552 60537 3722546 29779e5 5567977 6928266 ANNUAL 3 INCREASE 5 YR) ., 7.74% 22165009 5967635 9945500 14513477 21'641744 214417416 21441744 2/1041744 21441744 15 4. Y. Consultations Prior to the actual formation of the tag increment district, the City Council provided an opportunity for members of the Hennepin County Board of Commissioners and for the Independent School District No. 284 (Wayzata) School Board to meet with the Council. At that time the Council presented its estimate of the fiscal and economic implications of the tag increment district. Z. Hearing Prior to approval of this plan by the City Council and as authorized by Resolution No. 87- , a public hearing was held in accordance with Minnesota Statutes, Section 273.74(3), notice of such hearing being published in a newspaper of general circulation in the municipality at least once, not less that 10 days and not more than 30 days prior to the hearing date. At this hearing, County Board Members and the School Board were given an opportunity to present comments. This plan was prepared with the assistance of Ehlers and Associates, Inc. and approved by the City Council of the City of Plymouth, Minnesota by Resolution No. 87- on the 18th day of May, 1987. 0038r 16 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: April 13, 1987 TO: James G. Willis, City Manager FROM: Dale E. Hahn, Finance Director SUBJECT Assessment Public Hearings - 1986 Weed Eradication and Destruction Roll 3 & 4 The City Council has set May 18, 1987 as the date for the public hearing on the final assessment for the above referenced services. Attached is the assessment information for each service. This information is the final cost. Since the notices were mailed to the property owners we have received several payments with regard to the assessments. Attached is a resolution for City Council consideration at the conclusion of the public hearing. This resolution would adopt the assessment rolls as proposed. ul 11 %-A rL11V&-AJ 111 Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1987. The following members were present: The following n>emhers were absent: its adoption: introduced the following resolution and moved RESOLUTION NO. 87- ADOPTIN33 ASSESSNENT 1986 WEED ERADICATION AND DESTRUCTICN ROLLS 3 AND 4 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessments for 1986 weed eradication and destruction charges (Roll 3 & 4) as provided for by the City Ordinances and has amended such proposed assessment as it deems just; NOW, THEREFC RE , BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PL)NI]U H, MINNESGrA: 1. Such proposed asessment, a copy of which is attached hereto and made a part thereof, is hereby accepted and shall constitute the special assessment against the land named therein and each tract of land herein included is hereby bound to be identified by the amount of the assessment levied against it. 2. Such assessments shall be payable over a period of one year. 3. Assessments may be paid in full to the City of Plymouth Finance Director by June 18, 1987 without additional charge. After June 18, 1987 daily interest charge based on an annual rate of 8.00% starting on May 18, 1987 will be due in addition to the levied assessment. The last date a payment can be accepted by the City of Plymouth is Novernber 15, 1987. After that date interest shall be added frau the date of this resolution until December 31, 1988 and payment can only be made to Hennepin County with the 1988 property taxes. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the County Finance Director to be extended on the proper tax lists of the County and such assessments shall be collected and paid over the same manner as other municipal taxes. 5. The total cost of the 1986 weed eradication and destruction charges Rolls 3 and 4 assessed by this resolution are $1,667.51. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: Friday, May 15, 1987 for the City Council meeting May 18, 1987. TO: James G. Willis, City Manager FROM: Dale E. Hahn, Finance Director SUBJECT Disbursements I hereby recommend for payment the attached listing of disbursements for the following funds: Norwest Bank - Metro West General Fund $ 1,047,342.91 Construction Fund 89,443.04 Utilities Fund 290,145.71 Special Assessment Fund 98,520.13 Metropolitan Bank - Plymouth Housing & Redevelopment Authority $ 39,374.14 GRAND TOTAL FOR ALL FUNDS $ 1,564,825.93 Above totals are for the period ending April 30, 1987. 00 g - :%/.z Dale E. Hahn I HEREBY APPROVE THE ATTACHED LISTING OF DISBURSEMENTS AND RECOMMEND SAME FOR PAYMENT. James G. 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O Z C N mT! hl k r Z Z N- r 3 N jr= m r-, N I 1 A 3 D j 1-1ntil ! - x I 3 rn m SCJ 3 f'1 m G 1-4to Z Zi t 1 i I t i I T r k-• t- k' k-! t- n r i r r r r k•• t- r H i-' r I k n op ODop mUnA tk a+ i -0 iJ ti •J J J i j X i L, niWitU C; I .0 m 0' to4r+ cr W fL O0 r t rr r r r I W W W W W W W W W W w uj W W W W d O o O O t7 O C O O O O O j 0 Q O c 3. r 00 00 a+ Q n a` a+ Ob a I M tf` cl m M W iN I N r W W ru I t" i: L n j w c c w to k+ trt L4 WC r tr- O 0 til 0' D w r a G u+ to 1jOO' J p O tL cr j t• tY Lm Ln m W C m 0 0 f 0 C O I C p G O O O O L'` n O t O O tD O O O O O C7 O 1 I m G7 O 1 0 i CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meetinq of the City Council of the City of Plymouth, Minnesota, was held on the day of 19 The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - APPROVING DISBURSEMENTS FOR THE PERIOD ENDING APRIL 30, 1987. WHEREAS, a list of disbursements for the period ending April 30, 1987 was presented to the City Council for approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the payment of the list of disbursements of the following funds is approved: Norwest Bank - Metro West General Fund $ 1,047,342.91 Construction Fund 89,443.04 Utilities Fund 290,145.71 Special Assessment Fund 98,520.13 Metropolitan Bank - Plymouth Housing & Redevelopment Authority $ 39,374.14 GRAND TOTAL FOR ALL FUNDS $ 1,564,825.93 Above totals are for the period ending April 30, 1987. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in avor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. DATE: TO: FROM: SUBJECT: CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO May 15, 1987 For Council Meeting of May 18, 1987 James G. Willis, City Manager Fred G. Moore, Director of Public Works Award of Contract Zachary Lane Water Treatment Plant City Project No. 431 Bids were received on May 8, 1987 for the construction of the Zachary Lane Water Treatment Plant, and also replacing of the control system at the existing Water Treatment Plant. Attached herewith is a copy of the tabulation of the seven bids received. Also attached is a letter from the City Attornev and our Consulting Engineer concerning the bids. As is discussed in the letter from the City Attorney, we have received a request from the apparent low bidder, Shaw -Lundquist Associates, that they be allowed to withdraw their bid without forfeiture of the bid bond. The difference between the low bid and the second low bid is $169,044. The amount of the bid bond is 175,048. In accordance with the bid bond, if the low bidder does not enter into the contract the City would only_ be authorized to claim damages of $169,044. Tom Noves, the Project Engineer for our Consultant, Bonestroo, Rosene, Anderlik and Associates, Inc., and I have spent considerable time with representatives of the Contractor, and then discussing the matter with Jim Thomson, City Attorney. I do believe the Contractor did make a mistake in their bid, but it was based on their misjudgment and negligence in receiving and using information which they received from their proposed sub -contractors. For this reason, in accordance with the opinion of the City Attorney, we do not have a legal basis to accept their request to withdraw their proposal. I would recommend that the City_ Council adopt the attached resolution awarding the contract for the construction of the Zachary Lane Water Treatment Facility to Shaw -Lundquist Associates in the amount of 3,500,956. Fred G. Moore, P.E. FGM: kh Attachments: Tabulation of Bids Letter Resolution CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of , 1987. The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - RESOLUTION ACCEPTING BID ZACHARY LANE WATER TREATMENT FACILITY PROJECT NO. 431 WHEREAS, pursuant to an advertisement for bids for the construction of the Zachary Lane Water Treatment Facility; and WHEREAS, bids were received, opened and tablulated according to law, and the following bids were received complying with the advertisement: Company Total Bid Shaw -Lundquist Associates $3,500,956 Bori-Son Construction 3,670,000 Gridor Construction 3,695,800 A.P. Keller Construction 3,716,656 Shank Mechanical 3,718,000 New Mech Companies 3,740,656 Madsen -Johnson Corporation 3,858,300 WHEREAS, Shaw -Lundquist Associates has requested that they be allowed to withdraw their proposal without forfeiture of their bid bond; and WHEREAS, the Citv Council finds that Shaw -Lundquist Associates has not demonstrated that it's bid was the result of a clerical error; and AND, WHEREAS, it appears that Shaw -Lundquist Associates of St. Paul, Minnesota is the lowest responsible bidder; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH: 1. The Mavor and Clerk are herebv authorized and directed to enter into the attached contract with Shaw -Lundquist Associates of St. Paul, Minnesota in the name of the City of Plymouth for the Zachary Lane Water Treatment Facility in the amount of $3,500,956 2. The request of Shaw -Lundquist Associates to withdraw their proposal without the forfeiture of their bid bond is denied. 3. The Citv Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. Our File No. 70233 ZACHARY LANE WATER TREATMENT FACILITY PROJECT NO. 431 PLYMOUTH, MINNESOTA ENGINEER'S ESTIMATE ------------ 3553e 4 Million BID TIME: 2:00 P.M., C.D.S.T. BID DATE: Friday, May 8, 1987 CONTRACTORS TOTAL BASE BID ALTERNATE X61 1. Gridor Construction 3,695,800 1,000 3) 2. A.P. Keller Construction 3,716,656 20,000 4) 3. Madsen Johnson 3,858,300 Add 50,000 7) 4. BorSon 3,670,000 No Charge 2) 5. Shank Mechanical 3,718,000 20,000 5) 6. Gorham-Oien 7. ACG 8. L.A. Constr. 9. C.S. McCrossan 10. Shaw Lundquist 3,500,956 Add 30,000 1) 11. W.W. Goetsch 12. Acton Constr. 13. Grudem Bros. 14. TerWisscha 15. ABJ 16. Encon Util. 17. Geo. F. Cook Constr. 18. M.J. Ryan 19. Gammon Bros. 20, New Mechanical 3,740,656 Add 50,000 6) 21. 22. 23. ENGINEER'S ESTIMATE ------------ 3553e 4 Million Bonestroo, Rosene, Anderlik & Associates, Inc. 2335 W. Trunk Highway 36 St. Paul, MN 55113 612-63 a60Q4, 1987 City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Engineers & Architects Attn: Mr. Fred G. Moore Director of Public Works Re: Zachary Lane Water Treatment Facility City Project 431 Our File No. 70233 Dear Fred: Otto G. Bonesiroo, P.E. Ruben W. Rusene, P.L. Joseph C. A nderbk, Y.E. Bradford A. Lemberg, P.E. Richard E. Turner, P.E. Junes C. Olson, P.E. r- r 798j SCC ALz. CJ6 Glenn R. Cook, P.£. Keith A. Gordon. P.E. Thornm L. %byes, P.E. Richard W. Foster, P.L. Robert G. Schume6t, P.E. Marvin L. Sun•ulu, P.E. Donald C. Burgardt, P.E. Jerry A. Bourdon, P.E. Murk A. Haruun, P.E. Ted K. Field, P.£. Mwhael T. Rautmonn, P.E. Robert R. PJeJJ,'le, P.E. David O. LoAntu, P.£, Thonms W. Peterson, P.E. Michael C. Lynch, P.£. Karen L. Willis, P.E. Junes R. Muland, P.E. Kenneth P. Anderson, P.E. Keith A. Bachmann, P.E. Mark R. Rolfs, P.E. Robert C. Russek, A.J.A. Thomas E. Angus, P.E. Scott L. Young, P.L. Charles A. Lrickson Leo M. Pawelsky Harlon M. Olson Susan M. £berbn We have reviewed the bids and bidders on the Zachary Lane Water Treatment Facility and have reached the following conclusions: 1. Seven bids were received and they ranged from $3,500,956 to 3,858,000. 2. All bids were competitive. The high bid exceeded the low bid by 10%. 3. All bids were below the $3.92 million estimated in the 1986 report. 4. All bidders are qualified, experienced, contractors that have constructed similar projects. The apparant low bidder, Shaw -Lundquist Inc., has requested their bid be withdrawn because they claim to have made several errors in their bid. If legal council advises that Shaw -Lundquist Inc, should not be allowed to with- draw their bid, then Shaw Lundquist should be awarded the project, for the amount of $3,500,956. Alternative No. 1 which adds $30,000 for extending the completion date should not be accepted. If legal council advises that Shaw -Lundquist Inc, be allowed to withdraw their bid, then the project should be awarded to the second low bidder BOR -SON Construction Inc, in the amount of $3,670,000. Furthermore Alternative No. 1 which extends the completion date at no cost should not be accepted. Yours very truly, BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, INC. 2&n4&-' if, &IA Thomas E. Noyes TEN:ci 3786e 2000 First Bank Place West Minneapolis Minnesota 55402 Telephone (612) 333-0543 Telecopier (612) 333-0540 Clayton L. LeFevere Herbert P. Lefler J. Dennis O'Brien John E. Drawz David J. Kennedy Joseph E. Hamilton John B. Dean Glenn E. Purdue Richard J. Schieffer Charles L. LeFevere Herbert P. Lefler III James J. Thomson, Jr. Thomas R. Galt Dayle Nolan Brian F. Rice John G. Kressel James M. Strommen Ronald H. Batty William P. Jordan Kurt J. Erickson William R. Skallerud Rodney D. Anderson Corrine A. Heine David D. Beaudoin Paul E. Rasmussen Steven M. Tallen Mary F. Skala Christopher J. Harristhal Timothy J. Pawlenty Rolf A. Sponheim Le Focrc Lefler henne(IN, O'Brien R I)n1 r a Professional Association May 14, 1987 Mr. James G. Willis City Manager CITY OF PLYMOUTH 3400 Plymouth Boulevard Plymouth, Minnesota 55447 RE: Zachary Lane Water Treatment Facility City Project No. 431 Dear Jim: You have asked me for a legal opinion on whether the low bidder on the above -referenced project can withdraw its bid. STATEMENT OF FACTS At 2:00 p.m. on May 8, 1987 seven bid proposals for the Zachary Lane water treatment facility were received and opened. Of the seven bids, the low bid was submitted by Shaw -Lundquist Associates, Inc. On May 11, 1987 Tom Noyes of Bonestroo, Rosene, Anderlik & Associates, Inc. received a letter (copy attached ) from Fred Shaw, the President of Shaw -Lundquist. The substance of the May 11, 1987 letter was that due either to a mistake by the mechanical subcontractor or some miscommunication between Shaw -Lundquist and the mechanical subcontractor, Shaw -Lundquist underbid two items in the total amount of 115,000. Based on these errors, Shaw -Lundquist has requested that the City allow it to withdraw its bid proposal without forfeiture of its bid bond. In an effort to clarify the errors referred to in the May 11, 1987 letter, Tom Noyes and Fred Moore met with Fred Shaw and other representatives of Shaw -Lundquist on May 13, 1987. The information presented at that meeting did not support the statement made in the May 11, 1987 letter. It appears that if Shaw -Lundquist made a mistake Mr. James G. Willis May 14, 1987 Page 2 in its bid, the mistake was negligence or merely a mistake the amount of its bid. either based on its own in judgment in determining LEGAL ANALYSIS Under Minnesota law, a bidder may withdraw a bid proposal if a mistake was made if the mistake was a clerical error that was not a result of the bidder's negligence. A clerical error generally includes mistakes in typing or transcription or errors that are arithmetical in nature. The Minnesota Supreme Court has held that a material omission of an item in a bid proposal may constitute the kind of mistake that will allow a bidder to withdraw its bid and not be subject to forfeiture of its bid bond so long as the bidder was not negligent. However, a mistake in judgment in calculating a bid is not the kind of mistake that will allow a party to withdraw a bid without forfeiting its bid bond. If a bidder simply guesses wrong when calculating the cost of a job, he may not unilaterally withdraw his bid. CONCLUSION It is my opinion that the errors Shaw -Lundquist are not the type of clerical would allow Shaw -Lundquist to unilaterally bid. Therefore if Shaw -Lundquist is awarded and fails to execute it, the City would t claim against Shaw-Lundquist's bid bond. Sincerely, LeFEVERE, LEFLER, KENNEDY, O'BRIEN & DRAWZ nmes Thomson, r. JJT/kjj cc: Fred Moore Enclosure claimed by errors that withdraw its the contract lave a valid IP Shaw -Lundquist Associates,_ Inc. General Contractors - (612) 454-0670 Triangle Office Park - 2805 Dodd Road - St. Paul, MN 55121 Honorable City Council City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 c/o Mr. Tom Noyes Bonestroo, Rosene, Anderlik & Associates, Inc_ 2335 W. Trunk Highway 36 St. Paul, Minnesota 55113 Re: Proposal for Zachary Lane Water Treatment Facility City Project No- 431, File No. 70233 Plymouth, Minnesota Bids Due: 2:00 P.M., May 8, 1987 Dear Mr- Noyes: May 11, 198 ti yr98jC4ofpG, lymo r r; -•.. z After reviewing our bid proposals on this project, we found that we did make major errors in Filter Equipment, Bid Item #3, and Filter Media, Item #4. We assumed that our mechanical subcontractor would cover Item #3 and Item #4intheirbid, but in fact, are not covered. Our Bid Item #3 is $20,000-00 (should be $95,000.00), and Item #4 is $88,500-00shouldbe $128,500.00). In the last few minutes, we had to make the bid, and we, in a hurry, did maketheseerrors - You are, therefore, respectfully requested to let us withdraw our proposal datedMay8, 1987 without forfeiture of our bid bond_ We regret to make this request, however, we have no way to overcome these errors - Thank you for your favorable consideration to our request - Yours truly, SHAW-LUNDQUIST ASSOCIATES, INC- FS/mg i Bred Sh w - President CC: City Council 1 An I:yt"I Oppurautity Entplo\cr FC CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 14, 1987 For Council Meeting of May 18, 1987 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT • Establishing Bike Lanes Schmidt Lake Road Pineview Lane During recent town meetings concerns were expressed with regard to bike lanes along the following streets: Schmidt Lake Road - from Zachary Lane to Pineview Lane Pineview Lane - from Schmidt Lake Road to Countv Road 47 The City's adopted Trail System Plan proposes class 2 (striped trail on road) along the streets. The area has now developed and the demand exists for the bike lanes. The City Code in Section 1305.15 provides for bike lanes and ways along Citv streets. It is recommended that the Citv Council adopt the attached Ordinance adding these two streets to the designated bike lanes. We would then paint the necessary lines and post the necessary bikeway signs. Also, the streets would be posted for "No Parking" to prevent vehicles from parking in the bike lanes. Fred G. Moore, P.E. FGM:kh Attachments: Ordinance CITY OF PLYMOUTH ORDINANCE NO. 87 - AN ORDINANCE RELATING TO TRAFFIC, MOTOR VEHICLES AND OTHER VEHICLES BY AMENDING SUB -SECTION 1305.15 TO TO ADD ADDITIONAL BICYCLE LANES AND WAYS THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS AS FOLLOWS: Section 1. Plymouth City Code Subsection 1305.15 is hereby amended to add thereto the following streets and roadways as designated bicycle lanes and ways: Schmidt Lake Road - from Zachary Lane to Pineview Lane Pineview Lane - from Schmidt Lake Road to County Road 47 Section 2. This ordinance shall become effective upon its passage and publication. Adopted by the City Council the 18th day of May, 1987. May or ATTEST: Clerk DATE: TO: FROM: SUBJECT: CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO May 14, 1987 For Council Meeting of May 18, 1987 James G. Willis, City Manager Fred G. Moore, Director of Public Works Prohibiting Parking Schmidt Lake Road Pineview Lane It is proposed that bike lanes be installed along the following streets: Schmidt Lake Road - from Zachary Lane to Pineview Lane Pineview Lane - from Schmidt Lake Road to Countv Road 47 In order to prevent vehicles from parking in the bike lanes, it is necessary to establish the streets for "No Parking". Attached is a resolution recommended for City_ Council adoption which prohibits parking on both sides of the streets. Fred G. Moore, P.E. FGM:kh ' Attachment: Resolution CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City_ Council of the City of Plymouth, Minnesota was held on the day of 1987. The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - APPROVING AUTHORIZING THE PLACEMENT OF NO PARKING SIGNS ON VARIOUS STREETS WHEREAS, bicycle lanes have been established on various streets; and WHEREAS, parking will create a public nuisance and potential traffic congestion; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That it should and hereby does authorize the installation of "NO PARKING" signs on both sides of the following streets: 1. Schmidt Lake Road - from Zachary Lane to Pineview Lane 2. Pineview Lane - from Schmidt Lake Road to County Road 47 The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. OUTHCITYOFPLYM 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 14, 1987 For Council Meeting of May 18, 1987 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: Surplus Property 19th Avenue Adjacent to Oakdale West Addition We have received a request from Don Myron to purchase a small parcel of land from the City along the North side of 19th Avenue adjacent to the Oakdale West Addition. Don Myron is the Developer of this addition. Attached is a request from Mr. Myron and also a memo from me dated April 10, 1987, evaluating the request. The City purchased the land before 19th Avenue was constructed. Now that 19th Avenue is constructed, we can protect the interest which we need in the property by establishing conditions upon the sale of the land. Mr. Myron is requesting permission to purchase the property in order that he can maintain it in a more presentable condition. It is my recommend- ation that the City Council adopt the attached resolution which declares the property as Surplus, and authorize the sale of the property to Mr. Myron subject to the conditions in my April 10, memorandum. Fred G. Moore, P.E. FGM:kh Attachments: Request Memo Resolution CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City_ Council of the City of Plymouth, Minnesota was held on the day of 1987. The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - DECLARING PROPERTY SURPLUS AND AUTHORIZING SALE P.I.N. 29-118-22-32-0002 WHEREAS, the City of Plymouth purchased property designated as P.I.N. 29-118-22-32-0002 for the construction of 19th Avenue; and WHEREAS, 19th Avenue has now been constructed; and WHEREAS, the City no longer needs ownership of the property and its interest can be protected by establishing conditions on the sale of the property; and WHEREAS, the City has received an offer from the adjacent property owner of the Oakdale West Addition to purchase and maintain the property; and WHEREAS, it is in the best interest of the City to transfer ownership of the property; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA as follows: 1. That P.I.N. 29-118-22-32-0002 is hereby declared as surplus property. 2. That the Mayor and City Manager are authorized to execute a deed transferring ownership of the property to Don Myron. 3. That the purchase price of the property is $1,600 and shall be subject to the terms and conditions as stated in the memo dated April 10, 1987, from Fred G. Moore, Director of Public Works. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. E 10 f 31) iR 29) V_ j 1T9.• _ 35.92 41 ^moo 225.91 20526'F 19 144f 6 Q r a , ^'rte, \ \ \ .30..0• r e^ OUTLOT 0 cls) \ ,' OAK DALE; WESTm g OUTLOT , A \ z (11) 40'.L.S. 13 14 ? ANO. 1221 •5 ,,.,s ( 4s) // THIRD o R , \. pE •. OJ M M 19) - (20) 1t a 2 3 e (t3) ! g TRACT A a (43) (44) ADD. ' ( ) N 60 a S ,e 42 26+.95' r . . 0- C. 0.9 20-61 din w, WE. 200. 00O. N59.55•0 .. _ 5 .\bTs19TH. AVE. N.., t 88 60 11 40. 17•. . N2B•3'1 o o 2 0.4es 200 00 1 2 8 = 0 o 24) - S63'.3'.0•9.• . 33.6• 200.00 3 3 E ac 1 25) c; t 29.05 1 1 200.00 O R•MO. 3• 1 z o 8 ^- TRACT A 48) L•401. 16' o • 1 200.00 J 1 5 I 200. e0 --• Of n I I 6 ot I 28) o I 200.62 j7. I 7 461. 53' I c DI o ° 265.00 1 N 200.33 r 6,-,I I 3 lbw ( 54) I 1 I 30) 1 212.2 9 0 $' . J31) tP 9 ro •y : 6 I I I I TRACT C I 1 Qi N1tj NB9. 26'f 50 ) Ro I I 10 ,! 32) Ic R I 1 S g 1 I 9_ Al 3) ITY OF PLYMOUTH .. 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: April 10, 1987 TO: James G. Willis Ckty Manager ri—rectorFROM: Fred G. Moore, of Public Works SUBJECT: Possible Sale of City Owned Land at 19th Avenue and Highway 101 Eric and I have reviewed the purchase request from Don Myron for the parcel of land owned by the City along the North side of 19th Avenue East of Highway 101. This is a small triangular portion of land immediately adjacent to Kreatz Lake. The City of Plymouth purchased the land in 1981 for $1,500. The land was necessary for flood easements for Kreatz Lake, and also right-of-way for 19th Avenue. The City did extend a storm sewer across this property in conjunction with the construction of 19th Avenue. My major concern with conveying this parcel of land to Don Myron would be anv use which he would put to the land. One possibility might be lake ccess for his other lots within the Oakdale West Addition. When I have talked with Don, he has stated that the only reason he wanted the land was to maintain it in a neat and orderly manner. If this is his reason for the land, then conditions established by the City denying lake access rights should pose no problem. I would suggest that we respond to Don that we would accept his offer of 1,600 for the land, but the deed would be subject to the following conditions: 1. Utility and drainage easement would be retained by the Citv over the entire parcel. 2. Utility and drainage easement for ponding purposes would be retained by the City over the entire parcel. 3. There is no vehicular access from 19th Avenue to the parcel of land. 4. The land shall always remain as open space, and no structures will be constructed on the land. This parcel of land does not extend to the right-of-way for Highway 101. Trail easements do not need to be retained since the trail has presently been constructed within the land along Highway 101. 1% Memo: James G. Willis April 10, 1987 Page Two The approved Preliminary Plat for the Oakdale West 3rd Addition requires a public street to be constructed across the Easterly portion of this land. Although I believe it was our intent that we would have included this parcel of land as part of the plat and dedicated the right-of-way at no cost to the Developer, this was not stated as part of the plat approval. FGM:kh cc: Eric Blank DON MYRON REALTORS' 602 Twelve Oaks 15500 Wayzata Boulevard Wayzata, Minnesota 55391 612) 473-7606 Each Offic March 28, 1987 Mr. Jim Willis Clty of Plymouth Plymouth, Mn. 55447 Dear Jim, The subject of this letter is that triangular piece of property the city owns at 19th and Hwy 101 that the city purchased from Vern Peterson. 29-118-22-32-0002. I spoke to Fred Moore in regards to this property and he said that for road way purposes or parks he did not feel the city needed this property as long as there were the necessary easements that the city needed were incorporated. He also felt the city should be reimbursed the $1,600.00 that they paid for the land. I spoke to Eric Blank in regards to his interest in the property for park purposes. He stated that he had no knowNlinterest in this property for park use. I would like to submit to you a offer of $1,600.00 to purchase this strip of property. A written offer is attached. Since 1981 I have been mowing and picking up the junk to maintain a proper enterance appearance during the development of Oakdale West. IN 1986 I did not mow this land or do anything to keep the weeds mowed or to pick up the cans, tires, and junk on this property. During 1986 the city mowed the property twice and it just did not do the job. The sod base that was beginning to form completely went to weeds. It negatively effects the appearance of the new development and it does not give the proper feel to Oakdale West I that I would like to maintain. Sincerely yours, IaN wned and Operated REALTORS dr e. The subject of this letter is that triangular piece of property the city owns at 19th and Hwy 101 that the city purchased from Vern Peterson. 29-118-22-32-0002. I spoke to Fred Moore in regards to this property and he said that for road way purposes or parks he did not feel the city needed this property as long as there were the necessary easements that the city needed were incorporated. He also felt the city should be reimbursed the $1,600.00 that they paid for the land. I spoke to Eric Blank in regards to his interest in the property for park purposes. He stated that he had no knowNlinterest in this property for park use. I would like to submit to you a offer of $1,600.00 to purchase this strip of property. A written offer is attached. Since 1981 I have been mowing and picking up the junk to maintain a proper enterance appearance during the development of Oakdale West. IN 1986 I did not mow this land or do anything to keep the weeds mowed or to pick up the cans, tires, and junk on this property. During 1986 the city mowed the property twice and it just did not do the job. The sod base that was beginning to form completely went to weeds. It negatively effects the appearance of the new development and it does not give the proper feel to Oakdale West I that I would like to maintain. Sincerely yours, IaN wned and Operated REALTORS dr CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 13, 1987 for City Council Meeting May 18, 1987 TO: City Manager dames G. Willis FROM: Associate Planner Al Cottingham through Community Development Director Blair Tremere SUBJECT RECOMMENDATION FOR REDUCTION OF SITE PERFORMANCE GUARANTEE FOR BOEMER BUILDING SYSTEMS, INC. (86137) SUMMARY: Staff recommends adoption of the attached Resolution authorizing the reduction of the Site Performance Guarantee for Boemer Building Sys- tems, Inc. located at the 3005 Ranchview Lane. Planning staff has inspected the site and found the following deficiencies: 1. Lighting 2. Curbing Islands, Delineators 3. Storm Drainage System 4. Sidewalk Construction 5. Driveway, Curb Cut, Parking Lot, Fire Lane Construction 6. Watermains, Hydrants, Sanitary Sewers 7. Landscaping 8. Site Grading 9. An "As -Built" Survey 1. Resolution 2. Site Location Map 3. Resolution No. 87-97 i CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19_ The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR BOEMER BUILDING SYSTEMS, INC. 86137) WHEREAS, a Site Plan for Boemer Building Systems, Inc. for Allied Plastics located at 3005 Ranchview Lane was approved under City Council Resolution No. 87-97; and, WHEREAS, the developer submitted the required Site Performance Guarantee in the form of a Letter of Credit in the amount of $192,000.00; and, WHEREAS, The City Council on April 20, 1987, by Resolution 87-242, authorized reduction of the Financial Guarantee to $120,000.00; and, WHEREAS, upon notice from the developer, City staff has inspected said site and recommends reduction 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 reduction of the Letter of Credit No. 1021 in the amount of $120,000.00 which was submitted to guarantee site improvements for Boemer Building Systems, Inc. for Allied Plastics located at 3005 Ranchview Lane, to $96,600.00. The motion for adoption of the foregoing Resolution was duly seconded by _ and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a special meeting of the City Council of the . City of Plymouth, Minnesota, was held on the 9th day of February, 1987. The following members were present: Mayor Schneider,—C—ouncilmembers Crain, Sisk, Vasiliou, and Zitur The following members were absent: none Councilmember Crain introduced the following Resolution and moved its adoption: RESOLUTION NO. 87-97 APPROVING SITE PLAN AND VARIANCE FOR BOEMER BUILDERS FOR ALLIED PLASTICS, INC. (86137) WHEREAS, Boemer Builders has requested approval of a Site Plan and Variance for Allied Plastics, Inc. for the construction of a 46,300 sq. ft. office/warehouse building at the northwest corner of Ranchview Lane and Medina Road; and, WHEREAS, the* Planning Commission has reviewed said request and recommends approval NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does approve the request for Boemer Builders for a Site Plan and Variance to construct a 46,300 sq. ft. office/warehouse at the northwest corner of Ranchview Lane and Medina Road, subject to the following conditions: 1. Compliance with City Engineer's Memorandum. 2. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedi- cation Policy in effect at the time of Building Permit issuance. 3. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures on sites adjacent to, or containing any open storm water drainaqe facility. 4. Submission of required financial guarantee and Site Performance Agreement for com- pletion of site improvements. 5. Any signage shall be in compliance with the Ordinance. 6. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 7. All waste and waste containers shall be stored within the structure and no outside storage is permitted. 8. Setback variances are granted based on the topographical condition of the site. 9. Fire Lane Variance is granted subject to conditions set forth in the November 19, 1986 and January 7, 1987 memoranda from the Fire Chief. The motion for adoption of the foregoing Resolution was duly seconded byCouncilmemberVasiliou , and upon vote being taken thereon, the o ow nqvotedinfavorthereof: Mayor Schneider, Councilmembers Crain Sisk, Vasiliou, and Zitur e o ow nq voted against or abstained: none Whereupon the Resolution was declared duly passed and adopted. H DATE: TO: FROM: SUBJECT: CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO May 14, 1987 For Council Meeting of May 18, 1987 lames G. Willis, City Manager Fred G. Moore, Director of Public Works Uniform Electric Franchise with Northern States Power Company In 1983, the Suburban Rate Authority (SRA) successfully negotiated a Uniform Gas Franchise with Minnegasco. This gas franchise has been adopted by the City of Plymouth and most of the other suburban communities within the metropolitan area. The SRA is comprised of most of the communities within the suburban area, excluding Minneapolis and St. Paul. The purpose of the SRA is to monitor the utility companies and their proposed rate increases, including Northern States Power Company, Minnegasco, Northwestern Bell and the Metropolitan Waste Control Commission. At about the same time the Uniform Gas Franchise was completed, Northern States Power Company (NSP) began contacting several communities with regard to the expiration of their existing electric franchises. The SRA took on the task of negotiating a Uniform Electric Franchise on behalf of all the communities with NSP. These negotiations were completed in March and the SRA is recommending to its member's cities to adopt the Uniform Electric Franchise. The attached March 12, 1987 memorandum from Glenn Purdue, the Attorney for the SRA, listed some changes which were made in the franchise by NSP. These changes were approved by the SRA Board of Directors at their April meeting. Both the SRA and NSP are in full agreement with the Uniform Electric Franchise. Presently, the City of Plymouth does not have a franchise with NSP. The proposed franchise would spell out the ground rules for operating within the City of Plymouth. It is recommended that the City Council adopt the SRA Uniform Electric Franchise Ordinance which is attached herewith. Fred G. Moore, P.E. FGM:kh Attachments: Memo Ordinance t CITY OF As Approved by the SRA Board 01/23/87, with other changes requested by NSP underscored) SRA UNIFORM ELECTRIC FRANCHISE ORDINANCE NO. COUNTY MINNESOTA AN ORDINANCE GRANTING TO , A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF MINNESOTA AN ELECTRIC DISTRIBU- TION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPUR- TENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. SECTION 1. DEFINITIONS 1.1 "City" In this Ordinance, "City" means the City of County of , State of Minnesota. 1.2 "City Utility System" means the facilities used for providing sewer, water, or any other public utility service owned or operated by City or agency thereof. 1.3 "Company" means I a Minnesota corporation, its successors and assigns. 1.4 "Notice" means a writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to the Division General Manager thereof at Notice to City shall be mailed to the City Clerk. 1.5 "Public Way" means any street, alley, or other public right-of-way within the City. 1.6 "Public Ground" means land owned by the City for park, open space or similar purpose, which is held for use in common by the public. 1.7 "Electric Facilities" means electric transmission and distribution towers, poles, lines, guys, anchors, ducts, I fixtures, and necessary appurtenances owned or operated by the Company for the purpose of providing electric energy for public use. SECTION 2. FRANCHISE 2.1 Grant of Franchise. City hereby grants Company, for a period of twenty years from April January 1, 1987, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may con- struct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and Public Grounds of City subject to the provisions of this ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to zoning ordinances, other applica- ble ordinances, permit procedures, and to the further provisions of this franchise. 2.2 Effective Date; Written Acceptance. This franchise shall be in force and effect from and after its passage and its acceptance by the Company, and its qubsegeent publication as required by law [and the City Charter]. An acceptance by the Company must be filed with the City Clerk within 90 days after publication. 2.3 Service Rates and Area. The service to be provided and the rates to be charged by Company for electric service in City currently are subject to the jurisdiction of the Minnesota Public Utilities Commission. The area within the City in which the Company may provide electric service currently is subject to the provisions of Minnesota Statutes, Section 216B.40. 2.4 Publication Expense. The expense of publication of this ordinance shall be paid by the Company. 2.5 Default. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. If the dispute is not resolved within 30 days of the written notice, either party may commence an action in District Court to inter- pret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS 3.1 Location of Facilities. Electric Facilities shall be located and constructed so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and they shall be located on Public Grounds as determined by the City. The Company's construction, reconstruction, operation, 2 repair, maintenance and location of Electric Facilities shall be subject to other reasonable regulations of the City. 3.2 Field Locations. The Company shall provide field locations for any of its underground Electric Facilities within a reasonable period of time on request by the City. The period of time will be considered reasonable if it compares favorably with the average time required by the cities in the same county to locate municipal underground facilities for the Company. 3.3 Street Openings. The Company shall not open or disturb the paved surface of any Public Way or Public Ground for any purpose without first having obtained permission from the City, for which the City may impose a reasonable fee. Permit condi- tions imposed on the Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. The Company may, however, open and disturb the paved surface of any Public Way or Public Ground without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event the Company shall notify the City by telephone to the office designated by the City before opening or distributing a paved surface of a Public Way or Public Ground. Not later than the second working day thereafter, the Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground, the Company shall restore the same, including paving and its foundation, to as good condition as formerly existed, and shall maintain the same in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if the Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after demand to the Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of the Company. The Company shall pay to the City the cost of such work done for or performed by the City, including its administrative expense and overhead, plus ten percent additional as liquidated damages. This remedy shall be in addition to any other remedy available to the City. 3.5 Shared Use of Poles. The Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by the Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by the Company because of such use by City. 3 I SECTION 4. RELOCATIONS 4.1 Relocation of Electric Facilities in Public Ways. Except as provided in Section 4.3, if the City determines to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order the Company to relocate its Electric Facilities located therein. The Company shall relocate its Electric Facilities at its own ex- pense. The City shall give the Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electrical Facilities, which was made at Company expense, the City shall reimburse Company for non -betterment expenses on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconnect at its own expense its facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Electric Facilities in Public Ground. Except as may be provided in Section 4.3, City may require the Company to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment of the public use to which the Public Ground is or will be put. The relocation or removal shall be at the Company's expense. The provisions of 4.2 apply only to Electric Facilities constructed in reliance on a franchise and the Company does not waive its rights under an easement or prescriptive right. 4.3 Projects with State or Federal Funding. Relocation, removal, or rearrangement of any Company facilities made neces- sary because of the extension into or through City of a federally -aided highway project shall be governed by the provi- sions of Minnesota Statutes, Section 161.46 as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove, or relocate its facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non -betterment costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. 4 N 4.4 Liability. Nothing in the Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. SECTION 5. TREE TRIMMING The Company may trim all trees and shrubs in the Public Ways and Public Grounds of City interfering with the proper construc- tion, operation, repair and maintenance of any Electric Facili- ties installed hereunder, provided that the Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. SECTION 6. INDEMNIFICATION 6.1. The Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the City. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, the Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determina- tion. 6.2 In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, the Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to the Company within a period wherein the Company is not prejudiced by lack of such notice. If the Company is required to indemnify and defend, it will thereafter have control of such litigation, but the Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and the Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS The City shall give the Company at least two weeks' prior written reasenable notice of a proposed vacation of a Public Way. Except where required for a City street or other improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electrical Facilities, 5 until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to the Company for failure to specifically preserve a right-of-way, under Minnesota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of the Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE 9.1 Separate Ordinance. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on the Company, the City may impose on the Company a franchise fee of not more than five percent of the Company's gross revenues sales as hereinafter defined. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 60 days after written notice enclosing such proposed ordinance has been served upon the Company by certified mail. The fee shall not become effective until at least 60 days after written notice enclosing such adopted ordinance has been served upon the Company by certified mail. 9.2 Terms Defined. The term "gross revenues sales" means all sums, excluding any surcharge or similar addition to the Company's charges to customers for the purpose of reimbursing the Company for the cost resulting from the franchise fee, received by the Company from the sale of electricity to its retail custom- ers within the corporate limits of the City. 9.3 Collection of the Fee. The franchise fee shall be payable not less often than quarterly, and shall be based on the gross revenues sales of the Company during complete billing months during the period for which payment is to be made. The percent fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and the percentage may not be changed more often than annually. Such fee shall not exceed any amount which the Company may legally charge to its customers prior to payment to the City by imposing a surcharge equivalent to such fee in its rates for electric service. The Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles or customer refunds. The time and manner of collecting the franchise fee is subject to the approval of the Public Utilities Commission, which the Company agrees to use best efforts to obtain. The Company agrees to make its gross revenues sales records available for inspection by the City at reasonable times. D 9.4 Conditions on the Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes and the City quarterly or more often collects a fee or tax of the same or greater percentage on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling, or lighting, as well as to the supply of energy needed to run machinery and appliances on premises located within or adjacent to the City, but shall not apply to energy sales for the purpose of providing fuel for vehicles_ SECTION 10. SEVERABILITY If any portion of this franchise is found to be invalid for any reason whatsoever, the validity of the remainder shall not be affected. SECTION 11. AMENDMENT This ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of the Company's written consent thereto with the City Clerk within 90 days after the effective date of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED This franchise supersedes any previous electric franchise granted to the Company or its predecessor. Passed and approved ATTEST: Clerk of the City of Minnesota 0060RE02.C18 Mayor of the City of Minnesota 7 February 5, 1987 Mr. Glenn E. Purdue LeFEVERE, LEFLER, KENNEDY, O'BRIEN & DRAWZ 2000 First Bank Place West Minneapolis, MN 55402 Northern States Power Company 414 Nicollet Mall Minneapolis, Minnesota 55401 Telephone (612) 330-5500 Re: Proposed SRA Uniform Electric Franchise Dear Mr. Purdue: I have discussed with Harold Bagley the status of negotiations on an agreement with the Suburban Rate Authority for an SRA uniform electric franchise. He informs me that after his meeting with you on February 4, 1987, the two of you reached full accord on the language of the proposed franchise ordinance except for Section 9.4, which section you believed was beyond your authority to agree to because it was rejected by your client. This letter is to encourage you to seek a change in the position of your client because NSP will not enter into a franchise agreement without Section 9.4 and, further, as modified in your discussions with Mr. Bagley, Section 9.4 should be acceptable to your client. NSP, as you have been informed, is firmly opposed to franchise fees. NSP primarily objects to the fees because they represent a regressive form of taxation on our custo- mers and result in an increase in the cost of NSP's electric service as compared to the costs imposed on the same service in a neighboring community or on other direct or indirect competitors of the Company in the sale of energy. At the same time, in recognition of the concerns of the cities which you have expressed, NSP changed its position in regard to no new franchise fee agreements, but only if cer- tain conditions are met. One of these conditions was the recognition that NSP plans to oppose the imposition of a franchise fee even if it agrees to a franchise which authorizes the imposition of the franchise fee. The separate ordinance and notice provisions required by Section 9.1 give NSP a short, but reasonable, opportunity to do so. Mr. Glenn E. Purdue February 5, 1987 Page Two In regard to Section 9.4, NSP withdrew its request that the collection of the fee never result in a reduction in the real property tax assessments made by the city. However, NSP insists upon the provisions requiring a city, to the best of its legal authority, to collect the same franchise fee or tax percentage from all other energy suppliers in the city. This is because, like your member cities, NSP is not certain what the financial realities will be in the future. Changes in technology, or changes in regulation, or deregulation, could easily place the Company in an even more competitive market for energy sales. This is particularly true in the case of large energy customers, for whom the Company has made huge and irreversible investments in order to meet their energy demands. However, these same customers will quickly desert NSP if it can not deliver energy at a competitive price. (This would likely result in a greater amount of overall costs having to be borne by NSP's remaining customers.) NSP is already aware that the cost of energy is a factor in the decision of a new customer as to both choice of location and choice of energy supply. NSP insists, and sees no reason for a city to object, upon a city imposing as uniform a "tax" burden as possible on all energy suppliers within its jurisdiction. NSP has experienced numerous changes in the energy field in the last twenty years; NSP will not enter a contract assuming that there will be no significant changes in the next twenty years. In conclusion, NSP has made several concessions during negotiations in a good faith attempt to reach an accord with the SRA, but NSP must refuse to enter any future agreements which allow a city to impose a "tax" solely on NSP customers. If you have any questions, please refer them through Mr. Bagley. Thank you for your attention and concern. Very truly yours, CRAI J. BLAIR Vice President Electric Utility cc: E. J. McIntyre D. G. McGannon H. J. Bagley P. R. Carney J. E. Regan 2000 First Bank Place West Minneapolis Minnesota 55402 Telephone (612) 333-0543 Telecopier (612) 333-0540 Clayton L. LeFevere Herbert P. Lefler J. Dennis O'Brien John E. Drawz David J. Kennedy John B. Dean Glenn E. Purdue Richard J. Schieffer Charles L. LeFevere Herbert P. Lefler III James J. Thomson, Jr. Thomas R. Galt Dayle Nolan Brian F. Rice John G. Kressel Lorraine S. Clugg James M. Strommen Ronald H. Batty William P. Jordan Kurt J. Erickson William R. Skallerud Rodney D. Anderson Corrine A. Heine David D. Beaudoin Paul E. Rasmussen Steven M. Tallen LeFevere Lefler Kennedy, O'Brien 8c Dra-wz A Professional Asux iation MEMORANDUM TO: SRA City Managers FROM: Glenn Purdue, SRA Counsel DATE: March 12, 1987 RE: SRA Uniform Electric Franchise Enclosed is a Uniform Electric Franchise as approved by the Suburban Rate Authority Board of Directors on Janu- ary 23, 1987, but with other changes demanded by NSP included. The Franchise is a result of negotiations with NSP, extending over a period of nearly two years. Following the SRA Board's meeting, I met with NSP to try to reach agreement on the franchise fee provision. NSP refined its request to the present Section 9.4, and with other minor changes, it agreed it would accept franchises in the form enclosed. I am enclosing with the draft Franchise a letter dated February 5, 1987 from Craig J. Blair, Vice President of NSP, indicating that NSP will accept the Franchise only if Section 9.4 is included. His letter explains the company's basis for that demand. The SRA Executive Committee reviewed the NSP requests and recommends adoption of the Franchise in the form en- closed. The full Board has not reviewed those requests. With regard to the question of whether a city should agree to Section 9.4, we have the following information concerning cities which impose franchise fees. It appears that most of them impose a fee on both gas and electric service. Minneapolis - franchise fee on both St. Paul franchise fee on both South St. Paul - franchise fee license fee") on both St. Cloud franchise fee on both Lake City gas fee (municipal electric West St. Paul grandfathered sales tax on both Coon Rapids grandfathered sales tax on both East Grand Forks gas fee (municipal electric) SRA City Managers March 12, 1987 Page 2 White Bear Lake - electric fee only Winona - electric fee only The SRA Board recommends that each member city adopt the Franchise (assuming it does not now have a current Franchise) in substantially the form recommended by the Board. If you have a current Franchise, but wish to amend it to adopt the SRA Uniform Franchise, please contact NSP. We have been told that NSP will consider such requests on a case-by-case basis. NSP has designat- ed Pete Carney, Manager, Rate Administration, 330-6255, as its representative regarding the Franchise. I would be pleased to try to respond to specific ques- tions as to the Franchise. We also could easily produce a copy in the specific form you require. cc: SRA Executive Committee Harold Bagley, NSP CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 7, 1987 For Council Meeting of May 18, 1987 TO: James G. Willis, City Manager, through Fred G. Moore, Director of Public Works FROM: Sherman L. Goldberg, City Engineer SUBJECT • 1987 Seal Coat and Curb Repair Program SUM4ARY: It is recommended that the Citv Council adopt a resolution approving plans and specifications and advertising for bids for the 1987 Seal Coat and Curb Repair Program. Attached is a map which shows the proposed "1987 Seal Coat and Curb Repair Program". As authorized by the City Council, this proposed program does approximately 16 percent of the streets in the City (estimated 32 miles). The proposed program this year is South of Highway 55, North of our South Corporate limits and East of Vicksburg Lane; also East of State Highway 101, North of Highway 55 to County Road 9, between Vicksburg Lane and I-494. The Street Department will again continue to do the street patching necessary and the minor structure adjustments. The attached resolution approving the plans and specifications and advertising for bids for the project is recommended for City Council adoption. Bids will be received at 10:00 a.m. on June 5, 1987. The estimated cost of this contract is $257,000. Also included in the project will be the private streets within the Chelsea Woods and Chelsea Mews areas. The Homeowner's Associations for these two areas will have to enter into a written agreement with the City prior to the awarding of a contract to reimburse the cost of Seal Coating to the City. Sherman L. Goldberg, P.E. SLG:kh Attachments: Map Resolution CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting Council of the Citv of Plymouth, Minnesota was held on the 1987. The following members were present: The following members were absent: its adoption: of the Citv day of introduced the following Resolution and moved RESOLUTION N0. 87 - APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS 1987 SEAL COAT AND CURB REPAIR PROGRAM WHEREAS, plans and specifications have been prepared by the City Engineer for the improvement of certain streets within the City by the construction of a bituminous seal coat, concrete curb and gutter repair, and said plans and specifications have been presented 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 Citv 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 once, shall specify the work to be done, shall state that bids will be received by the City Clerk until 10:00 a.m, on June 5, 1987, 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 cheek payable to the City Clerk for five percent of the amount of such bid. The motion for the adoption of the foregoing Resolution was duly seconded by 5 following voted in favor thereof: and upon vote being taken thereon, the The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. ra Z W IT OF P SCALE OF MILES PLYMOUTR 4 --- ,_ 3,4 Mrv•f .J pYr t 3. w i.Ii fs saCa6;.E"...,....,e>; fib 8 8 0 g Ii1@1E6111 188#I I I f I 1188111811 h W rr•.:: STREET MAP 1987 SEAL- CQ4T PR 4G"M AREA Revised 5-11-87) 1987 SEAL COAT CURB AND GUTTER REPAIR PROGRAM ESTIMATED PROJECT SCHEDULE DAY DATE 1. Authorize plans and specifications and Advertise for Bids Monday May 18, 2. Appear Plymouth Post Thursday May 21 & 28 3. Appear Construction Bulletin Fridav May 22 & 29 4. Bid opening Friday June 5 5. Award Contract Monday June 15 6. Precon Tuesday June 17 7. Concrete curb repair work 2 - 3 weeks start After June 17 Before August 3 8. Start Seal Coat Monday August 3 9. Completion date Fridav August 28 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 13, 1987 For Council Meeting of May 18, 1987 TO: James G. Willis, City Manager, through Fred G. Moore, Director of Public Works FROM: Sherman L. Goldberg, City Engineer SUBJECT: Change Order No. 1 1987 Utility Extensions City Project No. 738 Berg 2nd Addition City Project No. 702 Attached to this memo is Change Order No. 1 for the above referenced project which adds a watermain line to serve Well No. 8. I recommend that the Council adopt the attached resolution authorizing the Mayor and Manager to sign the change order. Sherman L. Goldberg, P.E. SLG:kh Attachments: Resolution Map Changt Order No. 1 CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1987. The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - APPROVING CHANGE ORDER NO. 1 1987 UTILITY EXTENSIONS - PROJECT NO. 738 BERG 2ND ADDITION - PROJECT NO. 702 WELL NO. 8 ON ZACHARY LANE AT COUNTY ROAD NO. 9) WHEREAS, Change Order No. 1 has been prepared providing for the construction of 6 and 12 inch watermain to serve Well No. 8 at Zachary Lane and County Road No. 9. WHEREAS, the project consists of the 6 and 12 inch watermain and all necessary appurtenances at Zachary Lane and County Road No. 9; AND, WHEREAS, Change Order No. 1 is recommended for approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: that Change Order No. 1 for installation of watermain and all necessary appurtenances is hereby approved. Original Contract Amount $110,568.30 Previous Change Orders 0.00 THIS CHANGE ORDER NO. 1 - Add 10,870.00 REVISED CONTRACT AMOUNT...... $121,438.30 The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CHANGE ORDER DATE: April 30, 1987 PLACE: Plymouth, Minnesota PROJECT: Berg 2nd Addition - 1987 Utility Extension FILE NO.: 70240 PROJECT NO: 702 CONTRACTOR: C. S. McCrossan,, Inc., 7865 Co. Rd. 18 No., Osseo, MN 55369CHANGEORDERNO: 1 DESCRIPTION--OF-WORK: The water main and"water service from Zachary tai e_to.Well No. 8 is added to this project to allow use of the -well on a temporary basis. The following items are to be added to the-Cositract. . Change -Order Item D.`I.P'.,=Class 52 Water'Main 6"-D.I.P.;. Class 52 Water Main 12"_ Resilient -Wedge Gate Valve and Box 5" Valve,Hydrant-w th 6" Resilient Wedge.Gate Valve.'and -Box Cast Iron -Fittings Wet Tap Exieting..,24" D.I.P. w/12" including 12" Reailtent Wedge Gate and Valve Box 1-1/2" Corporation Stop 1-1/2" Curb --Stop and Box 1-1/2" Type_W Copper in Same Trench w/12" D.I.P Mechanical Trench Compaction Total CHANGE ORDER N0. 1 - ADD ....... $10,870.00 Original Contract Amount $110,568.30 Previous -Change Orders 0.00 THIS'CHANGE ORDER NO. 1 - ADD ........... 10,870.00 REVISED CONTRACT AMOUNT........ $121,438.30 Recommended for Approval -by: BONESTROO, ROSENE, ERLIK & ASSO IAT By Approved by: C Approved by: City of Plymouth, Minnesota By BY , Mayor BY , Clerk Date: 3489e -D-088 S. McCrossan, Inc. M us Distributi00 , cj 1 -"City \•'-.,., e, 2 - Contractor 1 - Engineer Est'd Total Unit Price Quantity Amount L.F: 19.00 120 2,280.00 L.F. 16.00 5 80.00 Each 860.00 1 860.00 Each 1,650.00 1 19650.00 Lbs._ 1.00 2,500- 2,500.00 Each 1,950.00 1 1,950.00 Each 50.00 1 50.00 Each 125'.00 1 125.00 L.F. 8.00 100 800.00 L.F. 4.60 125 575.00 Total CHANGE ORDER N0. 1 - ADD ....... $10,870.00 Original Contract Amount $110,568.30 Previous -Change Orders 0.00 THIS'CHANGE ORDER NO. 1 - ADD ........... 10,870.00 REVISED CONTRACT AMOUNT........ $121,438.30 Recommended for Approval -by: BONESTROO, ROSENE, ERLIK & ASSO IAT By Approved by: C Approved by: City of Plymouth, Minnesota By BY , Mayor BY , Clerk Date: 3489e -D-088 S. McCrossan, Inc. M us Distributi00 , cj 1 -"City \•'-.,., e, 2 - Contractor 1 - Engineer CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 13, 1987 For Council Meeting of May 18, 1987 r4 TO: James G. Willis, City Manager, through Fred G. Moore Director of Public Works FROM: Sherman L. Goldberg, City Engineer SUBJECT • Request for Time Extension Quail Ridge of Plvmouth Addition (85087) We have received a request from Dean Johnson to have the completion date for the above referenced project changed from December 31, 1987 to December 31, 1988. The Developer would like to hold off placing the final bituminous wear course on the streets until next vear. Because of the amount of construction traffic in the area, as well as the traffic that will be generated by the 2nd Addition construction, we think this is a good idea. Therefore, we would recommend that the Council adopt the attached resolution extending the completion date for the Quail Ridge of Plymouth Development Contract from December 31, 1987 to December 31, 1988. Sherman L. Goldberg, P.E. SLG:kh Attachments: Letter Resolution CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1987. The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - AMENDING DEVELOPMENT CONTRACT FOR QUAIL RIDGE OF PLYMOUTH ADDITION (85081) WHEREAS, the City Council approved the Final Plat and Development Contract for the Quail Ridge of Plymouth Addition plat on December 16, 1985 by Resolution No. 85-975; and WHEREAS, the Development Contract was executed by Dean R. Johnson fors' Cnyesco, Inc. December 10, 1985; and WHEREAS, the Development Contract provides that the Developer shall install and complete the improvements to this plat on or before December 31, 1987; and WHEREAS, the Developer has requested an extension of time to December 31, 1988 for completion of the required public improvements; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the Development Contract between the City and esco, Inc. for the Quail Ridge of Plymouth Addition approved by Resolution No. 85-975 is hereby amended to provide that the Developer shall complete all the required improvements within the plat on or before December 31, 1988. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained:. Whereupon the Resolution was declared duly passed and adopted. r QOta. oyh 0Q 1 May 7, 1987 Mr. ShermanL. Goldberg CITY OF PLYMOUTH 3400 Plymouth Boulevard Plymouth, Minnesota 55447 RE: City Plat #85081 Dear Mr. Goldberg: Please accept this letter as our request for an extension of one year on the installation wear coat at Quail Ridge of Plymouth. Our Development Contract #85081 for Quail Ridge, has an expiration date of December 31, 1987, which per our request would be extended to December 31, 1988. If you have any questions or wish to discuss this matter, please contact me. Sincerely, DEAN R. JOHNSON CONSTRUCTION, INC. Dean R. Johnson President ORJ/ j f a MAY 1987 M city of Piymaut . C6- 3650 ANNAPOLIS LANE PLYMOUTH, MINNESOTA 55441 559-6430 sOka caz2 24 0 H I rl ri 0 Oft 66 —G YY '6 JM4 Go "w" 0£,901 i j ----- J .• v ' s:n i x-! ,,1 sem, ,_ a., \ \ •:' to amto Fw•l ol 40' WOPOP— W0 At v op qg 44P, 40 1v , ip al/ 1 \ gal * AmAt J j a N :s.alS o.o-c\ r }•',6fia \1 CA is asN3AV isMAP2 as aft AL Jr sv 4 low S CITY OF pLyMOUTH 3400 PLYMOUTH BLVD., MINNESOTA 554 TELEPHONE ( 2800 MEMO May 13, 1987 For Council Meeting of May 18, 1987 DATE: irector of James G. Willis, City Manager, through Fred G. Moore, D TO: public Works F: Sherman L. Goldberg, Citv Engineer ROM SUBJECT • Petition for Street Lights Steeplechase 3rd Addition Tyrell 5th Addition Westwood Ridge 2nd Addition Lake Camelot Estates We have received petitions for street lighting for the above referenced subdivisions. Preliminary Engineering Reports forIrecommendthattheCounciladopttheattachedresolutionsauthorizing the Citv Engineer to prepare th these projects. 40 Sherman L. Goldberg, P.E. SLG:kh Attachments: Resolutions Petitions Maps CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1987. The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT STREET LIGHTING - WESTWOOD RIDGE 2ND ADDITION WHEREAS, a petition has been received requesting installation of ornamental residential street lighting in the Westwood Ridge 2nd Addition NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLMOUTH, MINNESOTA: 1. A certain petition requesting the improvement of Westwood Ridge 2nd Addition by the installation of residential ornamental street lighting, filed with the City Council on May 18, 1987 is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformance to Minnesota Statutes Section 429.035. 2. The petition is signed by 100% of the affected property owners and they have waived their rights to public improvement and special assessment hearings. 3. The petition is hereby referred to the City Engineer and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in conjunction with some other improvement and the estimated cost of the improvement as recommended. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the dav_ of 1987. The following members were present. The following members were absent: intr,oduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT STREET LIGHTING - LAKE CAMELOT ESTATES ADDITION WHEREAS, a petition has been received from Harstad-Todd Construction Company requesting installation of ornamental residential street lighting in the Lake Camelot Estates Addition NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLMOUTH, MINNESOTA: 1. A certain petition requesting the improvement of Lake Camelot Estates Addition by the installation of residential ornamental street lighting, filed with the City Council on May 18, 1987 is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformance to Minnesota Statutes Section 429.035. 2. The petition is signed by 100% of the affected property owners and they have waived their rights to public improvement and special assessment hearings. 3. The petition is hereby referred to the City Engineer and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in conjunction with some other improvement and the estimated cost of the improvement as recommended. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly_ passed and adopted. CITY OF PLYMOUTH PETITION FOR STREET LIGHTS We, the undersigned, do hereby petition the City of Plymouth, Mayor and Council for the installation of street lights in the following area: Steeplechase 3rd Addition We do hereby waive our right to public improvement hearings and special assessment hearings on this improvement. NAME ADDRESS MAY 1987 N` v NIL) v, ..i•-- N I CITY OF PLYMOUTH PETITION FOR STREET LIGHTS We, the undersigned, do hereby petition the City of Plymouth, Mayor and Council for the installation of street lights in the following area: Lake Camelot Estates We do hereby waive our right to public improvement hearings and special assessment hearings on this improvement. NAME ADDRESS MAY u J CITY C May 6, 1987 t LPLYMVU1R Mr. Ken Briggs Harstad-Todd Construction Company 2191 Silver Lake Road New Brighton, Minnesoca 55112 Subject: Lake Camelot Estates - Street Lighting Dear Mr. Briggs: Enclosed please find a petition form for the installation of street lighting for Lake Camelot Estates. I£ you could have this back to me by May 12, 1987, I can schedule it for the Council on May 18, 1987. If you have any questions, please contact the undersigned. Yours very truly. I 1J " ~ l Sherman L. Goldberg, P.E. City Engineer SLG:kh Enc loaure 3300 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447, TELEPHONE 16121 559-2600 ql /CJI? i .: 1l G s- YRELL CITY OF A WEST W o o D RID GE END ADDITJON PLYMOUTH, MN. j o. N.w.e P R E P o 5 E 0 satrM °q112Bf/VG w........, MP STREET LIGHTING ^•^ - rywh.A MiO]I 1 J I 2 z3i6xs9l , TSA" "B " 6 L o C K E 0 FORM OR M,m em es eon OMR. M. 6o@Ce00.maNI 7 1 0 Plett o/ • Pro, R-/ OMR. M. 6o@Ce00.maNI 7 1 0 i N 42. ! e !7 I6; i • d 3 I5 W 13; i iot 1 o ry w z zI I 2 193ao 13110 11 3 raA" 5.. i 13.6 KW. Pt D.r-I AefA Avc.ly. faJ 3s,N (S] Avc, N. TI -1 Ll •. Ir i I 13ti1' I'p'er 7NAN T •. I i G 8 9 0 to 1 i 0 IUD LAKE DUTLOT 4 RL CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 14,' 1987 TO: dames G. Willis, City Manager FROM: Frank Boyles, Assistant City Manager SUBJECT SITE PLAN FOR PLYMOUTH METROLINK " PARK AND RIDE' LOT FOR CITY OF PLYMOUTH (87046) SUMMARY: Two resolutions are attached relating to approval of the site plan for the Plymouth Metrolink Park and Ride lot expansion. The first resolution approves the site plan for the City of Plymouth to expand the Plymouth Metrolink Park and Ride lot by 22 parking stalls at the easterly end of the facility. The site is located at the southwest corner of State Highway 55 and South Shore Drive. The Planning Commission recommended approval by adoption of the consent agenda by unanimous vote at the meeting on May 13, 1987. Also attached is a resolution approving the layout of the proposed expansion. This resolution is required by the Minnesota Department of Transportation in order to proceed with the project. Both resolutions are recommended for City Council approval. The City's portion of this improvement, not to exceed $15,000, is included as part of the Plymouth Metrolink contract with the Regional Transit Board. FB/lb CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19_ The following members were present: _ The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - APPROVING SITE PLAN FOR CITY OF PLYMOUTH FOR "PARK & RIDE" LOT (87046) WHEREAS, the City of Plymouth has requested approval of a Site Plan to expand the Plymouth Metrolink "Park & Ride" lot, at the southwest corner of State Highway 55 and Southshore Drive, by 22 parking stalls; and, WHEREAS, the Planning Commission has reviewed said request 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 the City of Plymouth for a Site Plan to expand the Metrolink "Park & Ride" lot, at the southwest corner of State Highway 55 and Southshore Drive, by 22 parking stalls, subject to the following conditions: 1. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 2. All ongoing maintenance and associated costs will be the responsibility of Minnesota Department of Transportation (MnDOT). 3. If the lot is at any time abandoned as a Park and Ride Lot for Plymouth Metrolink, MnDOT shall be responsible for restoration of the lot. The motion for adoption of the foregoing Resolution was duly seconded by _ and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meetinq of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - LAYOUT PROPOSAL FOR PLYMOUTH METROLINK PARK AND RIDE LOT WHEREAS, the Commissioner of the Department of Transportation has prepared a preliminary layout for the improvement of a part of Trunk Highway Number 188 renumbered as Trunk Highway No. 55 within the corporate limits of the City of Plymouth, at pct. CSAH 73; and seeks the approval thereof, and WHEREAS, said preliminary layouts are on file in the Office of the Department of Transportation, Saint Paul, Minnesota, being marked, labeled, and identified as Layout No. 1A S.P. 2723-71 (55=188) at CSAH 73. NOW, THEN, BE IT RESOLVED that said preliminary layouts for the improvement of said Trunk Highway with the corporate limits be and hereby are approved subject of City of Plymouth resolution No. 87 - FURTHER, that funding for said project shall be on an equal match basis between the City and Minnesota Department of Transportation not to exceed $15,000 for each party. City funds to be drawn from Regional Transit Board contract for 1987 Plymouth Metrolink Service. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: voted against or abstained: The following Whereupon the Resolution was declared duly passed and adopted. EXCERPT Planning Commission Minutes May 13, 1987 MOTION by Commissioner Pauba, seconded by Commissioner CITY OF PLYMOUTH Stulberg to recommend approval for the Site Plan for the SITE PLAN (87046) City of Plymouth to expand the Plymouth Metrolink "Park & NOTION TO APPROVE Ride" lot by 22 parking stalls, subject to the conditions as listed in the April 29, 1987 staff report. Vote. 6 Ayes. MOTION carried. VOTE - NOTION CARRIED CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT TO PLANNING COMMISSION REPORT DATE: April 29, 1987 MEETING DATE: May 13, 1987 FILE NO.: 87046 PETITIONER: City of Plymouth REQUEST: Site Plan LOCATION: Southwest corner of Highway 55 and Southshore Drive GUIDE PLAN CLASS: CL (limited business) ZONING: B-1 (office limited business) BACKGROUND: The petitioner requests approval of a Site Plan for a 22 stall expansion of the Plymouth Metrolink Park and Ride Lot. The City approved the existing Park and Ride Lot in 1983 by Resolution No. 83-281 attached). ANALYSIS: 1. The Site Plan complies with the requirements relating to the design of the parking lot. 2. Attached for reference is a memorandum from Frank Boyles, Assistant City Manager, explaining the proposal. PLANNING STAFF COMMENTS: The Site Plan complies with the minimum development standards for parking lots. RECOMENDATION: Staff recommends approval of the Site Plan subject to those conditions as reflected in the draft recommendation. Attachments: 1. Recommendation 2. Location map 3. Resolution No. 83-281. 4. Petitioner's correspondence 5. Site Plan RECOMMENDED CONDITIONS FOR MAY 13, 1987 PLANNING COMMISSION MEETING FOR CITY OF PLYMOUTH (87046) APPROVING SITE PLAN FOR CITY OF PLYMOUTH METROLINK PARK AND RIDE LOT (87046) 1. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 2. All ongoing maintenance and associated costs will be the responsibility of Minnesota Department of Transportation (MnDOT). 3. If the lot is at any time abandoned as a Park and Ride Lot for Plymouth Metrolink, MnDOT shall be responsible for restoration of the lot. res/may(cityof)1 OFOF CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: February 25, 1987 TO: Sara McConn, Community Development Coo dinator FROM: Frank Boyles, Assistant City Manager SUBJECT TWENTY-TWO STALL EXPANSION OF PLYMOUTH METROLINK PARK AND RIDE LOT In April of 1983, a request was submitted to the Planning Commission and City Council requesting approval of the construction of a 40 -stall Park and Ride Lot at the southeast quadrant of the intersection of Highway 55 and County Road 73. I am attachinq a copy of an April 6, 1983 memorandum to the Planning Commission on this subject. The memorandum outlines the improvements anticipated for the Park and Ride Lot together with the conditions associated with Park and Ride Lot construction. In addition to encouraging ride sharing, the Park and Ride Lot was to act as a pulse center for the Plymouth Metrolink Transit System where passengers would transfer between 5 twenty -five -passenger minicoaches and two or more full-size transit buses. Upon completion of the Park and Ride Lot, the ridership for the Plymouth Metrolink System was at approximately 300 per day. Since that time, Plymouth Metrolink Ridership has increased to an average of 476 riders per day. The bottom line is, that, as ridership has increased, so too, has usage of the lot. Not only are more passengers and transit vehicles using the lot, but, "park and riders" have increased in numbers. In 1984, it was not uncommon for the lot to be only half full of cars on peak days. Today, especially on Tuesday, Wednesday, and Thursday, the lot is used at and, often, beyond capacity. In addition to posing a real safety hazard to bus riders and park and riders, this situation also discourages non -riders from either using the Park and Ride Lot for ride sharing or to ride Plymouth Metrolink. Since construction of the lot in 1983, it had always been our (MnDot's and City's) intent to expand the parking spaces available as a "Phase II improvement" once Phase I capacity had been met. For sometime now, I have worked with the Minnesota Department of Transportation attempting to obtain their commitment for the Phase II improvement of the lot. I am attaching an August 18, 1986 letter from the Minnesota Department of Transportation which states that they will give consideration to expansion of the lot in 1987. I am also attaching a letter from the Minnesota Department of Transportation dated January TWENTY-TWO STALL EXI..4SION OF PLYMOUTH METROLINK PARS..JAD RIDE LOT Page Two 2, 1987 which confirms that the Minnesota Department of Transportation will undertake a 22 parking -stall expansion of the Park and Ride Lot during the construction season in 1987. The anticipated improvement is expected to cost $30,000; $15,000 of which, would be paid by the City of Plymouth with the remainder paid by the Minnesota Department of Transportation. All improvements would take place on Minnesota Department of Transportation right-of-way as an extension of the existing lot on the east end. The nature of the improvements would be equivalent to those found in Phase I of the construction including: grading, subbase, bituminous, one additional street light, and single cable guardrail for parking delineation. Included also is a copy of the "Project Memorandum" prepared by the Minnesota Department of Transportation which in addition to providinq graphics, contains a narrative of the existing Park and Ride Lot conditions and proposed conditions following improvement. In 1983, the Planning Commission reviewed and discussed the proposed Park and Ride Lot development. I am asking that, the Planning Commission play a similar role for the proposed Park and Ride Lot expansion after the matter has been reviewed by the Development Review Committee. Following the Planning Commission's discussion and action, I will proceed to request City Council approval in order that the lot can be constructed this year. In accordance with City standards, approval will be conditioned on the requirement that MnDot be responsible for erosion control measures, fine grading, reseeding, and stripping of the lot in addition to the work set forth in their "Project Memorandum". FB:dma attach. JUBul XIL—MUL'11-10 26TH N AVE. N t AvE.)L 07/ AVE. PL RE Project Map 0* a.Lf yTH A . 4VE F S.P. 2723-8804 P AVf C:r 29 is ki COL u I TM MEDICINE LAKE Avr ;^P 419 154 IvntL AV E- X 151* 4:9 15 73 dt 4 J IK RIDGE MOUNT AV IE. e7l TWGWR22W 39 34 4 TR A 0 0 WUAsqrR 3 %Cv S7[ LOUIS Minnesota Department of Transportation District 5 Fya 2055 No. Lilac Drive rOF TpP Golden valley, Minnesota 55422 r r9 8403 January 2, 1987 Mr. Frank Boyles Assistant City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Re: S.P. 2723 (T.H. 55) At CSAR 73 Park & Ride Lot Dear Mr. Boyles; The following information is being provided to you as a follow up to your telephone call regarding the possible expansion of the park and ride lot at T.H. 55 and CSAH 73. The proposed expansion will cost approximately $30,000. The dis- trict is requesting programming of the project for $15,000 of state funds and $15,000 from city funds. Mn/DOT is looking at a possible contract letting on June 26, 1987 so that the work can be completed in the 1987 construction season. If the above planned procedure runs into difficulties, the city of Plymouth may be requested to design the project as part of the T.H. 55 and Golden Rod project being proposed by the city of Plymouth. A cooperative agreement on the design/construction costs would prob- ably be required. The current lot usage has increased significantly since September 1, 1986 and is now consistently at or above the current capacity; therefore, the lot expansion is certainly warranted. The expansion project should be coordinated with Mr. Carl Hoffstedt of my staff. SAcey, W. M. Crawford, P.E. District Engineer cc: James Willis - City of Plymouth Fred Moore - City of Plymouth An Equal Opportunity Employer a&R s -a CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 13, 1987 TO: Mayor and City Council FROM: James G. Willis, City Manag SUBJECT APPOINTMENTS TO NORTHWEST SUB S COMMUNITY TELEVISION CORPORATION SUMMARY: In December, the Council deferred appointment of the City's new representatives to the NW Suburbs Cable Communication Commission and NW Suburbs Community Television Corporation in anticipation of the arrival of the Communications Coordinator, and to better correspond with the terms for appointment for Cable Communications Commission members. Each community has two representatives to the Cable Commission. Most, if not all communities, have selected their City Manager as one representative and a City Council member to serve as the other. Mayor Schneider and I have served as the City's Commission representatives since the inception of the Commission. We are both interested in serving at least one more term as we both believe there are issues which will come before the Commission in the near future which will affect the long-term operation of the cable system. The term for these positions is June 1, 1987 to June 1, 1988. The City also has one representative serve on the Board of the Community Television Corporation. The Community Television Corporation is responsible for the overall operation of public access to the cable television system. Its members are appointed by the Cable Commission, however, the Commission looks to each respective city for recommendations. Eric Blank has served as the City's repre- sentative to the corporation. Eric's term expired January 1, 1987. It is important that the City continue to be well represented on the Community Television Board. Helen LaFave, the City's new Communications Coordinator is in an excellent position to represent the City on this corporation. Her participation on the board will assist her in coordinating the City's cable access needs with overall community access programming. If the Council concurs with the above recommendations, this item would be approved as part of the consent agenda. A letter forwardinq the Council's action on the above appointments will be sent to the executive director of the NW Suburbs Cable Communication Commission. JGW:Jm CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 14, 1987 TO: dames G. Willis, City Manager FROM: Frank Boyles, Assistant City Manager)\ SUBJECT STATUS OF AGREEMENT WITH SAMUEL VIRGINIA FOR FOX FARM OPERATION SUMMARY: The City Council has directed the City Attorney to prepare an agreement setting forth the timeline for the discontinuation of the fox farm located at 16810 County Road 47. Attached is a agreement prepared by the City Attorney's office which was tendered to Mr. and Mrs. Virginia earlier this week. The agreement has been executed by Mr. and Mrs. Virginia and Mr. Ruff. The Council should adopt the attached resolution which formally authorizes the Mayor and City Manager to enter into this agreement. FB:Jm attach CITY OF PLYMOUTH 0 Pursuant to due call and notice thereof, a meeting of the City Council of ' the City of Plymouth, Minnesota, was held on the day of 19 The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SAMUEL AND JOYCE VIRGINIA WHEREAS, the Council has been made aware of a fox farm operation located at 16810 County Road 47; and WHEREAS, the fox farm violates the City's Zoning Ordinance; and WHEREAS, the City Council is desirous of obtaining compliance without creating undue hardship to the property owner; and WHEREAS, the City Attorney's office has prepared an agreement dated May 1, 1987 which has been executed by Mr. and Mrs. Virginia and Mr. William Ruff; NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Plymouth, Minnesota, that it should and hereby does authorize the Mayor and City Manager to enter into the agreement dated May 1, 1987 with the property owners of 16810 County Road 47 which sets forth the agreements between the City and the property owner for the closing of the fox farm operation at this location no later than September 30, 1987. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: Wherguolowf hg RetojuoSojnWhs0Aed AP@An@ ly pdssed and adapted. This Agreement is made as of May 1, 1987 between the City of Plymouth (City) and Samuel and Joyce Virginia, husband and wife, and William Ruff (Operators). RECITALS a. The Operators currently operate a "fox farm" on the property located at 16810 County Road 47 (property). The fox farm consists of the breeding, raising and selling of fox. The Operators presently have forty-six adult fox on the property. b. The City contends that the fox farm operation violates Plymouth City Code Section 915.23, which prohibits the keeping of any animal that is wild by nature. The City further contends that the operation of the fox farm violates the City's Zoning Ordinance. C. The Operators contend that the fox farm does not violate either the City's Wild Animal Ordinance or the City's Zoning Ordinance. d. The City has ordered the Operators to remove the fox from the property on or before May 1, 1987. e. The Operators have requested that they be allowed to keep the fox on the property for a maximum of one (1) year in order to allow them adequate time to sell the property and relocate the animals. NOW THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties agree as follows: LB MAY 13 1987 S-. I . The Operators shall have up to September 30, 1987 to remove all the fox from the property. The City will take no action to enforce its Wild Animal Ordinance or its Zoning Ordinance against the Operators by virtue of the fox farm operation until October 1, 1987, provided that the Operators comply with the terms of this Agreement. 2. The Operators agree not to increase the number of adult fox on the property. 3. The City shall have the right to conduct unannounced inspections of the property for the purpose of determining that the total number of adult fox does not exceed forty-six, that the fox are being adequately cared for, and that the kennels are being properly maintained. The City reserves the right to allow personnel from outside agencies, such as the Department of National Resources and the Minnesota Zoo, to accompany the City on the inspections. The inspections shall not occur more often than twice a month or upon a complaint basis. The inspections shall not include any inspection of the home located on the property. 4. The Operators will promptly apply for a state license to operate the fox farm in the event that the state determines that such a license is necessary. 5. If the fox are not removed and relocated from the property by September 30, 1987 the City shall have the right to enter the property to remove and impound the fox. The City shall have the right to either destroy or sell the fox. The proceeds E from any sale shall be returned to the Operators minus the costs and expenses incurred in impounding and selling the fox. 6. This Agreement is intended to be a binding and valid contract between the parties and as a compromise solution to the problem that has been created by the operation of a fox farm on the property. CITY OF PLYMOUTH By: Virgil A. Schneider, Mayor By: James G. Willis, City Manager 3 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 14, 1987 for City Council Meeting May 18, 1987 TO: City Manager dames G. Willis FROM: Community Development Director Blair Tremere SUBJECT RESOLUTION AUTHORIZING LETTER RESCINDING PREVIOUS ADMINISTRATIVE ORDER SUMMARY: The attached Resolution rescinds an administrative order that was up- held by the Board of Zoning and by the City Council; but which was the subject of a proposed litigation. The plaintiff agreed to dismiss the matter, but requested as part of the settlement that a letter be sent withdrawing the previous administrative action ordering that the fence be removed, relocated, or reduced in height. The City Council concurred with that. The plaintiff has requested that a formal action be made by the City Council directing such a letter by staff so that there is assurance in his mind that the City Council agrees with the settlement proposal. I will forward the letter rescinding the administrative order upon adoption of this Resolution. Attachments 1. Resolution CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19_ The following members were present: _ The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - RESOLUTION AUTHORIZING LETTER RESCINDING PREVIOUS ADMINISTRATIVE ORDER WHEREAS, Raymond Moles, 11200 46th Avenue North, was issued an administrative order to remove, relocate, or modify the height of a 6 ft. fence constructed in the required front yard to achieve compliance with the Zoning Ordinance; and, WHEREAS, following appeals of that order to the Board of Zoning Adjustments and Appeals and the City Council, Mr. Moles served a Summons & Complaint upon the Mayor and City Council members contesting the rulings by the Board of Zoning Adjustments and Appeals and City Council; and, claiming that the fence was not in violation of the Zoning Ordinance provisions in effect at the time the fence was erected; and, WHEREAS, the City Council did review and clarify the Zoning Ordinance fence standards as a result of the appeal and did review the subsequent Notice of intended litigation with the City Attorney; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does direct the City Manager to have a letter pre- pared and sent to Mr. Raymond Moles, rescinding the original administrative order to relocate the fence or reduce the height of the fence erected in the front yard at 11200 46th Avenue North; FURTHER, be it hereby resolved that this direction is based upon the finding that the Zoning Ordinance fence standards were not clear as to the definition of required front yard at the time this fence was erected; the Zoning Ordinance standards have since been clarified. The motion for adoption of the foregoing Resolution was duly seconded by _ and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. 0 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 13, 1987 TO: James G. Willis, City Manager FROM: Dale E. Hahn, Finance Director SUBJECT INSURANCE CLAIMS REPORT SUMMARY: In accordance with City Council direction, I am attaching a copy of the insurance claims status report. The information was supplied by Don Kuplic, the City's insurance agent. The claims are summarized under the various status categories. 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C E I a) w a) w O I v a a a roI a) E v E b 41 a •., v I ro•v rob ro 441 C C E OI 4J ro ro ro I c C II VI ro +-, ro 41 wl E to E m x a I a) a) U 1 CO w ro w a roI i w w w z U ro U ro H WI C C io CI O O co roI M rn E1 w w 1 a y tl) I O O N 0 1 iJ 4 C 41 v a) O O UI w w a1 to w w M 4 w H U O i U a) En I aMI ro4 04J ro 01 4 z a ro Hal AU m a til ko o io w co co co O a)O 1 O O N 1 a y tl) I O O N w ml ro 01 O N M a a1 1-4 o 0 til r- r- r - Q) I co co co 41 I w a)O 1 O O N 1 a ro a) I 10 a d q al o O o e CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 14, 1987 For Council Meeting of May 18, 1987 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: Special Assessment Committee Meeting Quaker Lane Cul -de -Sac The City Council Special Assessment Committee met on May 5, 1987, to consider the request of Bruce Hertzenberg to have a cul-de-sac installed on the Southerlv end of Quaker Lane. Presently, Quaker Lane goes Southerly from the frontage road along the South side of Highway 55 and dead -ends without a turnaround on the end of the public street. This street serves approximately 20 single family homes. The City Engineer had previously prepared a Preliminary_ Engineering Report on constructing a cul-de-sac. The cost of a cul-de-sac constructed to current City standards, including concrete curb and gutter, is estimated at $16,800. The cost to construct a cul-de-sac to standards similar to the existing Quaker Lane is estimated to cost 9,700. Mr. Hertzenberg presently has an application before the Planning Commission requesting a Lot Division in order that he can create an additional single family lot. The additional single family lot would require the extension of the existing pavement in order to have access to the property. After considering the matter, the Assessment Committee reached the following conclusions: 1. If a cul-de-sac is constructed, it should be to the same standards as existing Quaker Lane. 2. There is very little benefit to the overall tax pavers within the City of Plymouth. Some small amount of benefit would be received for convenience of maintaining the street. 3. If the City is involved with the construction of the cul-de-sac, it should be done as part of our Street Rehabilitation Program, which is presently being prepared under the "Pavement Management Study". 4. No action should be taken on determining final benefits for the construction of the cul-de-sac until the Lot Division for Mr. Hertzenberg is either approved or denied. The action on the Lot Division, will affect the benefits from the cul-de-sac. Memo: James G. Willis May 14, 1987 Page Two The Assessment Committee will again meet after the City Council has taken action on the Lot Division. Fred G. Moore, P.E. FGM:kh CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 14, 1987 For Council Meeting of May 18, 1987 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: Status Report on Council Chamber Sound System As was reported at the March 23, 1987 Council meeting, George Torline, Video Producer, was preparing a report on his opinion of the City Council Sound Svstem. Although George no longer works as a video producer for the City, he has submitted the attached report dated April 30, 1987. I believe George's report is summarized in the first paragraph which states: I feel the audio quality is, overall, very good for your needs. The feedback I have heard about the sound system is, 'it sounds excellent compared to other systems cities use locally'." As a result of George's report, I will be undertaking the following additional work on the Sound System within the Council Chambers: 1. Install a separate microphone on the podium which is used by speakers addressing the City Council. 2. Have a professional audio company analyze the Council room for suggestions on acoustical changes and speaker locations. George's report suggested we remove the microphone from the ceiling location and install it on the podium. The microphone was installed on the ceiling in order that it would pick up persons sitting in the audience who address the Citv Council without approaching the podium. If we remove the microphone from the ceiling location, it will no longer serve this purpose for which it was designed. The problem George is addressing is the sound level when a person is at the podium versus someone sitting in the audience. In order to overcome this, a separate microphone will be installed on the podium which can be adjusted to a different level than the other audience microphone. We have all the equipment to do this and it is only a matter of installation. George also suggested that we move the audio control to the video room in order that it could be adjusted by the video operator. Our system was designed to be a very simple operation while telecasting Council meetings. We are able to telecast the meetings with two operators, one on the camera at the back of the room and the other person on the camera Memo: James G. Willis May 14, 1987 Page Two at the front of the room. The person operating the camera at the front of the room also serves as a producer for the program and does the video switching between cameras and adjusts audio levels as necessary. If we were to move the audio controls, one person could not handle all the functions, and therefore, it would take a third person to telecast Council meetings. The same Sound Svstem within the Council Chambers is used regardless of whether the meeting is being cablecast. If the Control System is moved, it would hamper the use of the Sound System for non-cablecast meetings. I am not recommending moving the existing controls. I believe the installation of the additional microphone will more closely_ balance the audio levels. I will be making a final report after the professional audio company analyzes the Council Chambers. In addition to George Torline's report, I am also attaching copies of previous material the City Council has received. Fred G. Moore, P.E. F GM: kh Attachments: Report Information Material DATE: April 30, 1987 TO: Fred Moore, Director of Public Works s c FROM: George Torline, Video Producer SUBJECT: Council Chamber Sound System Report For over the past month or so, I've had the opportunity to listen and examine the sound system in the council chamber for possible ways it could be improved for enhanced listening in the council chambers and for cable television as well. I feel the audio quality is overall very good for your needs. The feedback I have heard about the sound system is it sounds excellent compared to other systems Cities use locally. This report is geared to hopefully be of explanatory in nature, and not technically overwhelming. In creation of this report, I found formatting to be very difficult. Many of the items have an interaction between each other for cause and effect, fore references to prior parts of this report may be needed. The items mentioned in this report are not to be considered of high technical deficiency on part of your sound system, however the following items were noticed. I have isolated these items to be of mention: Volume Level on Cable Channel Volume Level of Individuals Hallow Sound with Hiss Noise at Times Occasional Feedback Paper Ruffling Concept & Theory: Before I go through the individual items listed above, I would like to discuss the overall concept of a public address (PA) audio system and how they relate to the system in the council chamber. PA's are used to amplify sound within an area. Unlike recorded audio reproduction, PA's fall into a category which its use and operational principles differ in that information the audio system is amplifying is in 'real-time' (as it happens) verses the source being prerecorded and reproduced. Two main hazards exists when working with PA systems: feedback and time delay. Feedback occurs when the amplified sound "bleeds" into the microphones of the same audio system. The effect is like a chain -reaction of which the sound loops through to complete a cycle and is amplified at literally the speed of sound. The build-up is gradual, fore it takes many cycles of the same sound to go through the audio system to reach feedback levels. (.See Illustrator? 411i SOUND SYSTEM REPORT: Fred Moore April 30, 1987 Page Two Ceiling Illustration #I Speakers f --Sound Waves Microphone Audi o Amplifier When designing a PA system, I use the concept of directing the amplified sound away from the microphones being used for reduction of feedback. The behavior of sound varies dependent on its frequency, but generally one major concept I use is to make sure the amplified sound is isolated from the origination microphones. If the amplified sound is needed in the same room as the source of sound is located, then logic would tell you to direct the amplified sound in the opposite direction from the source to prevent "bleeding" the amplified sound to the source microphones. In the case of the council chambers, it is obvious to me that the room was designed rather for visual aesthetics than functionalism. The flush -mounted speakers in the ceiling directs sound down to the floor than from the front of the room to back. When the sound is directed in a downward fashion such as the case in the council chambers, the result is sound "bleeding" into the active microphones causing feedback. (SeeiUusirvion V) Ceiling Speaker Illustration #2 4-- Sound Waves Microphone 7 ..... ...... . Back Front — Of Council Chamber... SOUND SYSTEM REPORT: Fred Moore April 30, 1987 Page Three The "temporary fix'' is usually to reduce the sound intensity, but if the room is full. it is difficult to hear. If the speakers were directed so that sound would travel from the front of the room to the back, the amount of sound reaching the microphones is reduced and overall have a higher intensity for the audience. See 111vs1ra1fon #.3l Directed Speaker Microphone Back Front 0 Of Council Chamber... This is how a large concert (ex. a rock concert) works. Have you ever been to a concert where the speakers were at the ceiling pointing down? I never have. By design, the council chambers system is considered typical from the standpoint of an audio engineer. Many moderate to larger sized meeting areas have ceiling - mounted speakers. They work fine for providing prerecorded sound to an area (ex. the staff area), but not live sound such as a PA system. Mentioned on page one, the item of time delay I feel is worthy of mention, and will be broken down to two items. When speaking at the council or staff table, the speaker will notice a fractional time delay. After some practice, getting one gets use to the delay. Relative to the person speaking, noises such as papers being ruffled may sound "larger than life" due to the bombardment of the noise from the source as well as through the speakers of the PA because of a slight delay. The speed of sound is much slower than the speed of light. To strip the sound down perceived by a speaker, one would have to look at the noise source and the noise reproduction (being the PA system). To remove the noise from the source, one would need ear plugs. The noise heard by a speaker through the PA system is the "bleeding' of sound towards them and the active microphones. SOUND SYSTEM REPORT: Fred Moore April 30, 1987 Page Four When this happens with the human voice, the overall tonal quality is a hollow sound because multiple sources of sound (such as sound from the PA speakers. reflections from the walls, ceiling, tables, chairs, and other hard objects) are all entering to the microphone at a slightly different time because of the different distances traveled by the sound before it reaches the microphone. In addition, the same concept happens when multiple microphones are on at the same time. An example would be if the sound source is at point X, and microphone I is at 1 foot from X, microphone #2 is at 10 feet from X, microphone #3 is at 20 feet from X, microphone #4 is at 30 feet from X., and so on. (See Illustration #4j Sound_ Source Sound Waves D. 1 ' 10' Distance Feet Illustration 114 20' 30' Microphones The time it takes sound to get from the source (X) to microphone 41 is shorter than it takes it to get to microphone #2, and relatively much longer to get to microphone 3,#4, and beyond. When all of the signals are combined from the microphones to one signal (through an audio mixer),the result is a hallow or 'echoy' sound even though the room may be soft or "dead". The 'automatic mixer' for the council chambers is designed to correct this effect by not having all the microphones on at the same time, and is functional in this respect. When the mixer turns on a microphone, some of this time delay can be heard, especially on cable. The cause is the sound bouncing off "hard" objects, and "bleeding" of sound from the PA speakers to the microphones. Sound bouncing off objects is inherent anywhere: bleeding" of sound from the PA speakers as mentioned at the beginning of this report is of poor design. SOUND SYSTEM REPORT: Fred Moore April 30, 1987 Page Five What I am saying overall, in the topic of design, somebody was not paying proper attention to the electronic audio design which is understandable due to the large amount of building materials used in the room which reflects sound: a design used normally for voice -only use without electronic sound amplification (ex. theaters, orchestral concert halls). Volume Level on Cable Channel: When I began crewing the telecasts of the City Council meetings, I noticed a low volume level on the mixer with the video equipment. The solution to this was to find the threshold of where the sound level was at an appropriate level of intensity with the neighboring cable channels by sending a test tone signal over the channel. Once this level was established, I worked backwards in the 'audio chain' to the mixer with the video equipment. That mixer was then set to a mid-range setting to be able to accommodate any louder or softer intensities experienced in a meeting. Next is the automatic mixer for the sound system in the council chamber. The output seemed to match the settings on the video equipment mixer, and over the cable channel. Audio levels are now up with the channels neighboring ours. Volume Levels of Individuals: The term, "automatic mixer" that controls the microphones in the council chamber is in a sense correct, but not entirely relative to its overall performance. If we were to look -up the term "automation" in a dictionary, one would find something like this- "the technique, method, or system of operating or controlling a mechanical or productive process by highly automatic means, as by electronic devices, reducing human intervention to a minimum." In relation to the automatic mixer for the council chamber, the term "semi-automatic" would be most appropriate. What the mixer can do is sense sound from a microphone (at a pre -determined level) to turn the microphone on and off. Basically, that is about all it can do. However, this feature is considered in your needs a benefit. As you already know, the more microphones that are on, the more a single noise source is picked -up and combined to the composite signal: a multiple effect. The feature I would like to point out is the fact that once the mixer turns a microphone on, it cannot ''automatically" control the intensity of the signal. That has a manual adjustment for each microphone input. Case in point: Currently, the operator for the video equipment in the video room has to compensate for the differences of audio intensities generated by the automatic mixer for the council chamber with the mixer for video. LW SOUND SYSTEM REPORT: Fred Moore April 30, 1987 Page Six The knobs on the mixer with the video gear are numbered from 1-10. On an average meeting, Mayor Schneider's voice is fine for the cable channel at about 4.5, the loudest in intensity relative to all the people who speak. On the other end of the spectrum, a soft-spoken person speaking at the podium would be between 8 and 9. For town meetings, the video mixer is turned up to 10 to catch people speaking in the audience. The problem comes when the Mayor is speaking to a person at the podium or in the audience, due to the extreme differences in audio levels. The video operator is able to make minor occasional adjustments, but not on such an extreme such as this fore it inhibits the tasks of directing the production of telecasting the meeting. When the video mixer is turned -up to boost the level from the chamber mixer, it brings up every microphone that may be on at the time. If anyone is moving any paper, or source items of extraneous noise, would all be enhanced due to the higher setting on the video mixer. All of this adjusting is only effecting the signal for cable television, and not the audience. This is why the audience may not be able to hear the person at the podium, especially if many people are in the room to dampen the sound that is coming through the audio system in the chambers. I have a few possible routes to suggest for these problems. First, relocate the automatic mixer used for the council chambers in with the video equipment. This could solve several problems such as the differences in intensity between the Mayor and a person at the podium. The video operator would be able to correct any deviations right from the source, and not trying to change a problem in the signal with a different device. This is also a handy feature for when feedback occurs. The video operator can adjust the output of the mixer to the speakers in the chambers, instead of staff needing to stop what they are doing, leave the room, adjust it, and to return back to what they were doing when it could be done by the video operator who would be able to make the system operate at peak performance as the meeting progresses. A common situation at meetings is when the room is full of people and cannot hear very well. The people act as sound absorbors in a sense. At that point, the sound system is turned up. As the evening wears on, people leave, making the room "harder": the council chambers becomes more susceptible to audio feedback. The video operator could make these changes and the meeting can continue without any major disruptions. To get a stronger vocal signal from a speaker at the podium without adding gain to the mixers is to relocate the ceiling -mounted microphone to the podium and plug it in the floor jack next to the podium. This will cut down on room noise being gained by mixers, and give a cleaner tonal quality for the speaker at the podium with more control of intensity. SOUND SYSTEM REPORT: Fred Moore April 30, 1987 Page Seven Hallow Sound with Hiss Noise at times: This item is only noticeable on the cable channel, and not in the council chambers. The main cause for this is when a person is speaking at the podium or in the audience, the mixer with the video equipment is turned up high to get a higher audible level of the person speaking relative to the entire meeting. A consistent level is a major goal for the telecasts, fore we do not expect the viewer at home to turn their volume knobs up and down all night. The elements of sound that compose the hissing noise is the ventilation system in the council chambers, and noises generated by people within the room (physical movement, sneezes, papers, pop cans, etc.). When the audio level is elevated to get a quiet person, everything in the room is louder as well. With the audio mixer with our video equipment, we can only adjust the overall signal coming from 'automatic mixer'. A possible solution to this problem is to relocate the microphone on the ceiling to the podium. It makes more sense to boost the intensity of the desired sound from the source than boosting everything electronically. Occasional Feedback: As mentioned earlier, it is a matter how a system is designed to the room. One of the biggest problems is the fact that the speakers in the ceiling are pointing downward and not pointing from the front of the room to the back. I don't believe a 'quick fix' option is available to correct this. I have thought about some type of baffle to direct the sound back, but the design and materials are the question. (_See Illustration #S) PA Speaker Illustration #S Wood Ceiling Theoretical Baffle" rte SOUND SYSTEM REPORT: Fred Moore April 30, 1987 Page Eight My main concern with this idea is I doubt the efficiency of directing sound waves to the degree desired for the performance I would like to expect. I would recommend the relocation of the 'automatic mixer' to be integrated with the video equipment for ease of adjustment when needed, as described earlier within this report. Paper Ruffling: I guess the ultimate cure for paper ruffling noises is not to give the city council any paper. Seeing this to be unlikely, the best I can say is let the councilmembers continue with what they have been doing: arranging their paperwork before the meeting begins. Paper noise has gone down since the issuance of the task force for the sound system, and nothing substantial has been done to the system to cause a change. If we tried to eliminate the paper noises, if even possible, the councils would not have the freedom to move as nearly as much as they do now. The amount of noise rejection for the microphones would most definitely cut into pick-up characteristics of the people who speak. The result is portions of the vocal deliveries would be 'chopped out' in pieces, hence rendering the audio system useless and defeating the purpose. Summary: I hope this report was educational to your interests. As a whole, the City of Plymouth has an audio system that rivals most systems in the area. Even though these past eight pages were full of information, the main items are the five items atop page one. The other information is in hopes one can grasp what is happening with the system and how it works to understand its deficiencies. I have never heard of the ultimate audio system that was perfect: automatic or manual operated. I guess the one thing you should keep in mind is that an audio system is like owning a home... their's always something that could be done. CC: Helen LaFave 7• c, . CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: March 19, 1987 For Council Meeting of March 23, 1987 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: Status Report on Council Chamber Sound System I am still awaiting the report from George Torline, the Video Producer of the live broadcast of the City Council meetings. George is going to do some experimentation with buffering of the microphones at the City Council table. The purpose of this is to reduce the amount of noise from paper shuffling" as Councilmembers review and consult their written informational materials. George will also prepare a report on enhance- ments that he feels could be undertaken to the system. After George's report is complete an acoustical analysis will be made of the Council room. The purpose of this analysis is to increase the audio sound level within the room itself. Fred G. Moore, P.E. F GM: kh DATE: February 17, 1987 TO: Fred Moore, Director of Public Works FROM: George Torline, Video Producer SUBJECT: Council Chambers Sound System I will be out of town this week, and shall return Sunday, February 22, 1987 in the evening. I would like to try an experiment with the microphones during the day on Monday, February 23, 1987. The experiments entailed would be to try acoustical insulation barriers to reduce feedback possibilities and to reduce 'paper ruffling' noises by encouraging a directional polar pick-up response from the microphones. I am planning on submitting a detailed response in regards to erhancemerlts that could be performed to enhance tonal quality and the feedback pr:blems occasionally experienced. If you would like the results of my experiments with the microphones. and -insulation with the report, please let me know upon my return on the 23rd. 7C CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: February 19, 1987 For Council Meeting of February 23, 1987 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: Council Chamber Sound System At the January 26th Council Meeting the Council directed that a Task Force be established to address the sound system in the City Council Chambers. Items to be considered are as follows: 1. Audio levels in the home 2. Audio levels in the Council Room 3. People speaking at the podium cannot be heard by the audience. The Council suggested that the Task Force consist of Cable TV representatives, Paul Steigerwald, City Staff and the sound system supplier. I have been unable to schedule a meeting where all members could be present, but have discussed the items which are to be addressed with each Task Force member. On February 4th I met with Terry Fish of Northwest Community Television. Terry is a technician with NCT. Terry viewed approximately fifteen minutes of various portions of the video tape of the previous City Council Meeting. Terry's comments were that for a Cable TV production outside of a studio we had excellent quality, sound level and lack of interference. Our sound level is very similar to that on the adjacent major network channels. Mr. Fish also reviewed the equipment for the sound system within the Council Chambers and for broadcasting over Cable TV. His only item of concern was the "paper noise" that he heard on the video tape. His comments were that we could maybe try a different type microphone, but it would probably not be any more effective than our existing microphones. Our existing microphones are able to receive for broadcast all conversations at the City Council table. Although a different microphone mounted at each end of the City Council table might reduce "paper noise", 5 Memo: James G. Willis February 19, 1987 Page Two it may not be effective for the broadcast of Councilmember's comments. Another option would be to have each person at the Council table wear a lapel microphone". This would be the most effective way to ensure that we receive all Councilmember's conversations, but eliminate extraneous noise from the room. This would be effective since the lapel microphone has a fixed distance from each member and does not vary throughout the meetings as members move their chairs. Mr. Fish also looked at the public address system within the Council Chambers. He stated that he was not well versed in the requirements of these type of systems, but he thought a problem might be the acoustics within the room. The room is a very "hard" room and the sound bounces from the walls and ceiling. He suggested we contact a professional audio company to analyze the room and suggested two firms. I have also talked with George Torline, the person on the City's Cable TV Staff that is responsible for the telecast of the City Council meetings. Attached is a memo from George addressing some experimentation he will be doing with the microphones at the February 23rd meeting. George will also be preparing a detailed response in regard to enhancements that he thinks could be performed to improve the tonal quality and the feedback problems which are occasionally experienced. As of this time I have been unable to meet with Paul Steigerwald, but have a meeting established previous to the Planning Commission Meeting on February 25th. I would expect to have all comments and input by members of the Task Force in order that a final report can be made at the March City Council Study Meeting. Fred G. Moore, P.E. FGM:kh Attachment: Memo t DATE: TO: FROM: SUBJECT: CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO January 22, 1987 For Council Meeting of January 26, 1987 James G. Willis, City Manager Fred G. Moore, Director of Public Works Council Chamber Sound System EE At the January 5, 1987 Council meeting the Council directed that a written report be prepared on the Council Chambers Sound System. In November, 1985 modifications were made to the existing sound system in the Council Chambers. The purpose of the modifications was to correct the problems we were having with the audio portion of the cable tv broadcast of the City Council meetings. There was a very poor voice quality, the sound level was very low in comparison to the sound on other tv channels. Some of the City Council deliberations could not be heard because of microphone placement and if conversations were conducted by someone sitting in the audience and not at the microphone location, they could not be heard. In order to correct these tv broadcast problems a new microphone automatic mixer was installed along with a different type of microphone. The microphone used picks up the audio sound from hard surfaces around the microphone in lieu of the audio from directly speaking into the microphone. With the new type automatic mixer we were able to reduce the number of microphones required from twelve to seven. During 1986 the technicians from Electronic Design Company, the firm which installed the system, were in attendance at three Council meetings to adjust and "fine tune" the system. With the modifications to the system we are getting excellent audio quality for our tv broadcast. People sitting in the audience and speaking to the City Council can be heard through the audio system. The only problem which is occurring is paper noise" at the City Council table. Microphone locations were modified and this has reduced some of the noise. The option to completely eliminate the paper noise problem would be to have lapel microphones on each person sitting at the Council table. I do not believe this would be an acceptable alternative and think that the paper noise can be kept to a minimum with persons at the Council table reducing as much paper shuffling as possible. I Memo: James G. Willis January 22, 1987 At various times we have received comments from people sitting in the audience not being able to hear the comments of Council members. The system has been adjusted since the January 5th meeting to obtain a higher audio level in the Council Chambers. Because of the placement of the speakers with the original installation of the building, we are right at the maximum output level without receiving "feed back" over the system. The sound company is looking at our speaker type and location to see if some modifications would allow a louder audio level. They are also reviewing the cost to install a volume control at the staff table in order that the level could be regulated as necessary during the meetings. When this information is received an additional report will be provided. Fred G. Moore FGM: kh 04-. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 14, 1987 for City Council Meeting May 18, 1987 TO: City Manager dames G. Willis FROM: Community Development Director Blair Tremere SUBJECT REPORT ON USE OF DEVELOPMENT ANNOUNCEMENT SIGNS SUMMARY: The City Council adopted Resolution No. 86-104, establishing Policy standards for use of signs on sites to announce proposed development and land use actions for a one-year trial period. The development signs were prepared and we commmenced their use on dune 13, 1986. The Council asked for a review and I have provided that information in this memo after talking with my staff and with the Director of Public Works. I have no reason to recommend termination of the program; there is a need for addition- al insert panels and we will order them after the City Council has had an opportunity to discuss this report. A Resolution is attached which would continue this Policy on a permanent basis and it directs that the Policy be incorporated with the appropriate provisions of the City Code and/or Zoning Ordinance. The City Council direction resulted in ordering 10 signs with message insert panels at a cost of $1,408.00. The Council also approved an administrative fee to cover the cost of erection and re- moval of the signs by City personnel. Twenty-one signs have been erected since dune 13, 1986 for developments which fall within the scope of the adopted policy. It is difficult to determine how many telephone calls have been generated specifically because the caller saw the development sign. We have had an increase in calls from people who did say they saw the sign; and, therefore, were inquiring about the proj- ect. The number of calls has not been overwhelming and most of the callers have been neighbors, versus realtors, developers, and others who simply saw the signs and called for curiosity -sake or for purposes other than neighborhood concern. We have received feedback from people who say the signs are very visible and clear as to the message. Page two Memorandum to City Manager Development Signs City Council Meeting May 18, 1987 May 14, 1987 Developers and developer representatives are not particularly happy with the payment of the additional fee for the signs; most developers do understand the Council's purpose however, and generally the requirement has been accepted. We have not received any formal objections or appeals to the requirement or to the fee. Some developers have indicated that the signs actually have a preliminary commercial value to them because it "pre -announced" an intended development of the property. In other words, these signs theoretically stimulate an interest during the short period they are up, whereas, in other cases the public knowledge of pending development is deferred until after plans have been approved by the City. Public Works Director Fred Moore has provided the attached memo and it includes a memo from Tom Vetsch, Street Supervisor, who is in charge of the erection of the signs. We established a procedure which has worked well for the ordering of the sign and there is an established procedure by which the signs are erected in advance of the Planning Commission meeting and then taken down immediately following the meeting. There will be .some maintenance required for the sign due to normal wear and tear; and, as indicated above, we need to acquire several more insert panels for particular types of uses (conditional uses and rezonings) since our experience shows they are the more frequent requests and often come at the same time. Attachments 1. Resolution 2. Public Works Department Memos 3. Background Information CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: _ The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - CONTINUING POLICY AND IMPLEMENTATION OF STANDARDS FOR USE OF SIGNS ON SITES TO ANNOUNCE PROPOSED DEVELOPMENT AND LAND USE ACTION WHEREAS, the City Council adopted Resolution No. 86-104, establishing a Policy and Standard for the use of signs on sites to announce proposed development and land use action for a one year trial period; and, WHEREAS, the action authorized the amendment of the City Fee Schedule to include an administrative fee to cover the cost of installing and removing the signs; and, WHEREAS, the Policy has been implemented since dune 13, 1986; and, WHEREAS, the City Council has reviewed the staff memorandum dated February 14, 1987 re- viewing the use of the signs; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does find that the one-year trial period for the use of signs on sites to announce proposed developments and land use actions has been suc- cessful and should be continued; FURTHER, it should and hereby does establish as policy and direction the requirement that, signs be posted on development sites in addition to other notification procedures to announce proposed developments and land use actions subject to the following: 1. Signs shall be designed, acquired, maintained, installed, and removed by the City. 2. A fee shall be charged per the City Fee Schedule to cover the costs of installing and removing said signs. 3. The signs shall be installed on all sites involving proposed amendments to the Land Use Guide Plan Classification, or the Zoning Classification; applications for approval of Planned Unit Development Concept Plans, Planned Unit Development Pre- liminary Plan/Plat; and, Preliminary Plats. 4. Signs shall be provided on all non-residential sites which are within 500 lineal feet of any residential property and which are involved in an application to the Planning Commission and City Council for a Variance or for a Conditional Use Permit. PLEASE SEE PAGE TWO dw Page two Resolution No. 87- 5. The required signs shall be posted on the site so to be visible by the general public at least ten (10) calendar days prior to the scheduled consideration by the Plymouth Planning Commission. The signs shall be removed from the sites following the Planning Commission consideration. 6. The provisions of this policy shall be incorporated with the appropriate Section of City Code and/or Zoning Ordinance as soon as practicable. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 13, 1987 TO: Blair Tremere, Director of Community Development FROM: Fred Moore; irector of Public Works SUBJECT • Development Signs Attached herewith is a memorandum from Tom Vetsch, Street Supervisor, with regard to his experience installing and removing the Development signs. You had requested his input in order that you can make a recommendation to the City Council on the first year evaluation of the program. As Tom states, we have only encountered minor problems with the installation and removal of the signs. If the Sign program is to continue, I believe we will need to purchase more "Sign Messages" that we insert on the main sign. Also, Tom states there has been one occasion where because of the number of signs installed at one time five) we had to receive permission from the Planning Department to use a different message. If you have any additional questions, please contact me. FGM:kh CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 11, 1987 TO: Fred Moore, Director of Public Works FROM: Tom Vetsch, Street Supervisor J SUBJECT DEVELOPMENT SIGNS You requested that I give you some feed back on how we are dealing with the development signs, listing advantages and disadvatages, problems, and comments. The planning department has been giving us adequate time to schedule the installation of the signs. The instructions are generally clear as to location and message. We haul them to the location with a small two wheel trailer. The reason for this is we feel we can take better care of the signs. We generally end up hauling them one at a time. We could probably carry two or three at a time, but this would have more potential sign damage. When we get to the actual location we sometimes have to level dirt to get them to stand straight, because as you are aware we do not drive stakes into the ground. We have horizontal legs that we bolt onto verticle legs. We feel this is worth while for us because it eliminates us meeting with locators and having to take signs totally apart for each move. We have had on occasion to set signs back up. This is only after days when we've had high winds. We do weigh the legs down with some round concrete weights that we made, but none the less they do blow over in high winds. As far as problems go, I would anticipate the need to repaint the signs because regardless of how careful we are they are likely to get a few nicks and scratches in them on every use. Also, we have three (3) signs that say "conditional use permit", three (3) "includes varience", two (2) include City plan change". We have had on one occasion needed more of the same message than what we had. We were able to work around that problem by just having one (1) sign go without a special message, approved by planning. The most signs we have had up at one time was five (5). Generally we have one, two, or three signs out at the same time. If you have any further questions don't hesitate to call. cr May 9, 1986 RE Development Signage The City is initiating a program of installing a sign (4ft. X 8ft.) on property in- volved with certain planning applications to increase neighborhood notification of pro- posed development. The signs have been purchased by the City. We will install the signs ten (10) days prior to Planning Commission consideration and remove the signs the day after the Plan- ning Commission meeting. Signs will be used for applications consisting of: Comprehensive Plan Amendments Rezonings Planned Unit Development Concept Plans Planned Unit Development Preliminary Plats Preliminary Plats Non-residential Conditional Use Permits and Variances, if the property under review is within 500 ft. of any residential property The City Council adopted a revised fee schedule with an administrative fee of $150.00, which will be added to the established fees for those applications listed above. It covers the basic costs of erecting, removing and maintaining the signs. Please determine if the sign fee applies prior to submitting your next application. The signs do contain the City Center phone number for questions. We will provide a general description of the application which is being processed and invite people to visit the City Center to review the application materials. For detailed questions or requests for copies of materials, we will refer the person calling to you. We urge you to share this information with your consultants. Many times the consultant is responsible for submission of the new application. They should use the new applica- tion form and be prepared to submit the additional fee. The City Council anticipates reviewing and evaluating the use of these signs after one year. Your cooperation and feedback (in writing) during this time would be greatly appreciated. Community Development Department 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559.2800 n rt 4 CITY OF PLYMOUTR The City is initiating a program of installing a sign (4ft. X 8ft.) on property in- volved with certain planning applications to increase neighborhood notification of pro- posed development. The signs have been purchased by the City. We will install the signs ten (10) days prior to Planning Commission consideration and remove the signs the day after the Plan- ning Commission meeting. Signs will be used for applications consisting of: Comprehensive Plan Amendments Rezonings Planned Unit Development Concept Plans Planned Unit Development Preliminary Plats Preliminary Plats Non-residential Conditional Use Permits and Variances, if the property under review is within 500 ft. of any residential property The City Council adopted a revised fee schedule with an administrative fee of $150.00, which will be added to the established fees for those applications listed above. It covers the basic costs of erecting, removing and maintaining the signs. Please determine if the sign fee applies prior to submitting your next application. The signs do contain the City Center phone number for questions. We will provide a general description of the application which is being processed and invite people to visit the City Center to review the application materials. For detailed questions or requests for copies of materials, we will refer the person calling to you. We urge you to share this information with your consultants. Many times the consultant is responsible for submission of the new application. They should use the new applica- tion form and be prepared to submit the additional fee. The City Council anticipates reviewing and evaluating the use of these signs after one year. Your cooperation and feedback (in writing) during this time would be greatly appreciated. Community Development Department 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559.2800 0 CITY OF PLYMOUTH Pursuant to due call and notice thereof, a special meeting of the City Council of the City of Plymouth, Minnesota, was held on the 10th day of February . 1986. The following members were present: Mayor Schneider ouncilmembers Crain, Sisk, _ Vasiliou and Zitur The following members were absent: none Councilmember Crain adoption: introduced the following Resolution and moved its RESOLUTION NO. 86- 104 ESTABLISHING POLICY AND STANDARDS FOR USE OF SIGNS ON SITES TO ANNOUNCE PROPOSED DEVEL- OPMENT AND LAND USE ACTIONS FOR ONE-YEAR TRIAL PERIOD. WHEREAS, the City Council has explored ways to expand the opportunities by which neigh- boring residents and others may learn of proposed developments and land use actions; and, WHEREAS, the City uses a number of techniques to accomplish this, including mailed Notices to neighboring property owners of record and publication of Notices of Public Hearing in the legal newspaper; and, WHEREAS, the City Manager has reported on the use of signage for notification of public regarding land use petitions in a memorandum dated February 7, 1986; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does establish as policy the requirement that, signs be posted on development sites in addition to other notification procedures to announce proposed developments and land use actions for a trial period of one year subject to the following standards: 1. Signs shall be designed, acquired, maintained, installed, and removed by the City. 2. The City fee schedule shall be amended to provide for a fee to cover the cost of installing and removing said signs. 3. Signs shall be installed on all sites involving proposed amendments to the land Use Guide Plan classification or to the zoning classification; applications for approval of planned unit development concept plans, planned unit development preliminary plats/plans, and preliminary plats. 4. Signs shall be provided on all non-residential sites which are within 500 lineal feet of any residential property and which are involved in an application to the Planning Commission and City Council for a variance or for a conditional use permit. PLEASE SEE PAGE TWO Page two Resolution No. 86- 104 5. The required signs shall be posted on the site so to be visible by the general public at least ten (10) calendar days prior to the scheduled consideration by the Plymouth Planning Commission. The signs shall be removed from the sites following the Planning Commission consideration. 6. This Policy shall be implemented as soon as practicable for a period of one year at which time the program will be reviewed by the City Council. The motion for adoption of the foregoing Resolution was duly seconded byCouncilmemberVasiliou , and upon vote being taken thereon, the following voted in favor thereof: Mayor Schneider, Councilmembers Crain, Sisk, Vasiliou and Zitur The following voted against or abstained: none Whereupon the Resolution was declared duly passed and adopted. S// Special Council Meeting February 10, 1986 Page 39 MOTION was made by Councilmember Sisk, seconded by Counciimem- RESOLUTION NO. 86-102 ber Vasiliou, to adopt RESOLUTION NO. 86-102 REQUEST FOR PAYMENT REQUEST FOR PAYMENT NO. 12, COUNTY ROAD 61 - COUNTY ROAD 15 TO 6TH AVENUE, PROJECT C.R. 61 - C.R. 15 NO. 216 in the amount of $21,580.74 to Matt Bullock Contracting PROJECT 216 Company, Inc. Item 7-I* Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmem- RESOLUTION NO. 86-103 ber Vasiliou, to adopt RESOLUTION NO. 86-103 ORDERING PUBLIC ORDERING HEARING HEARING ON THE PROPOSED VACATION OF A PORTION OF JUNEAU LANE STREET VACATION WITHIN THE ANNICK ACRES ADDITION for March 3, 1986 at 7:30 p.m. ANNICK ACRES ADDITION Item 7-J* Motion carried on a Roll Call vote, five ayes. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS Manager Willis summarized his report recommending the Council REPORT ON SIGNAGE adopt a policy regarding installation of signs when reguiding or NOTIFICATION OF PUBLIC rezoning is proposed. He suggested that this be tried on a one LAND USE PETITIONS year basis and that the petitioner's fee be raised by $150 to Item 8-A cover the cost of the signs. Mayor Schneider suggested that when a variance is requested for non-residential property which abuts a residential use, the notice be extended to further than 100 ft. He believes staff should use their own discretion when determining what petitions should be noticed to beyond the 100 ft. Councilmember Sisk stated he believes signs would be the answer to save the developer the cost of expanded mailings and at the same time to allow residents to know what is going on in their area. Attorney Thomson suggested the Council define the standards for notification to eliminate the possibility of charges of discrim- ination. Councilmember Sisk suggested that all commercial, industrial, and non-residential requests requiring public notification and within 1,000 ft. of a residential area be signed. Councilmember Vasiliou and Mayor Schneider stated they believed 500 ft. would be more reasonable. The Council agreed. Discussion followed on the possible use of Plymouth on Parade and Cable Channel 7 for notifying residents of pending develop- ments. Announcements of pending or scheduled hearings would likely not be timely in the Plymouth on Parade. I / JI I Special Council Meeting February 10, 1986 Page 40 MOTION was made by Councilmember Crain, seconded by Councilmem- ber Vasiliou, to adopt RESOLUTION NO. 86-104 ESTABLISHING POLICY AND STANDARDS FOR USE OF SIGNS ON SITES TO ANNOUNCE PROPOSED DEVELOPMENT AND LAND USE ACTIONS FOR ONE YEAR TRIAL PERIOD. Motion carried on a Roll Call vote, five ayes. The Council directed that space be allotted in Plymouth on Parade to let residents know of significant developments which have been approved to include large scale residential, commer- cial/industrial site plans, and retail. Councilmember Sisk stated he would like Cable Channel 7 to show proposed developments as well; not Just approved projects. Manager Willis stated that the Governor has proposed to reduce Plymouth's local government aid by $31,340 (8.1%) and homestead credit payments by $87,000 (8.7%). The Council can use funds from the unaudited General fund unappropriated fund balance, reduce expenditures in the 1986 budget through the elimination or reduction of programs and activities, or a combination of the two to cope with this situation. The Council asked Manager Willis to present alternatives at the February 24 study meeting. RESOLUTION NO. 86-104 ESTABLISHING POLICY AND STANDARDS FOR USE OF PROPOSED DEVELOPMENT SIGNS Item 8-A GOVERNOR'S BUDGET PROPOSAL, IMPACTS ON PLYMOUTH Item 8-B Manager Willis stated there is no proposed change in water 1986 REVIEW OF WATER charges but the proposal is to increase the sewer charge which AND SEWER RATES Is precipitated by the increase to the City from the Metropoli- Item 8-C tan Sewer Board. The estimated impact on an average home is a 7.2% increase from $1.33 to $1.46 per 1,000 gallons based on winter month usage. MOTION was made by Councilmember Crain, seconded by Councilmem- ORDINANCE NO. 86-03 ber Sisk, to adopt ORDINANCE NO. 86-03 AMENDING SECTION 715.05 RATES AND CHARGES FOR c) OF CHAPTER VII OF THE CITY CODE RELATING TO RATES AND SANITARY SEWER SERVICE CHARGES FOR SANITARY SEWER SERVICE. Item 8-C Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- ber Sisk, to appoint Councilmember Bob Zitur to the Executive Committee of the Northwest Hennepin Human Services Council. Motion carried, five ayes. The meeting was adjourned at 10:50 p.m. L:Iiity Clerk APPOINTMENT TO NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL Item 8-D m CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: February 7, 1986 for City Council meeting of February 10, 1986 TO: Mayor & City Council FROM: dames G. Willis, City Manager SUBJECT REPORT ON SIGNAGE FOR NOT ICATION OF PUBLIC REGARDING LAND USEPETITIONS SUMMARY: The Council recently discussed how the public might bebetterinformedofpotentialchangesinlanduse. We also discussedthismatterwiththePlymouthDevelopmentCouncilat. the Council'sdirection. On balance, we believe the current means of notifyinqresidentsbymailandthroughareanewspapersasrequiredbytheCityCodeisadequateinmostinstances. We recommend, however, that on atrialbasis, the City install signs in those cases where rezoninq and reguiding requests are involved in order that a larger public might beinformed. The Council has had a continuing interest in ensuring that the publicisreas^n?bly and adequately informed as to activities which mayaffectit, particularly regarding development issues. State law andCityCodeestablishcertainstandardsfornotificationbyeitherlegalnoticeintheofficialnewspaperormailednotice. In some instances, such as site plans, notice is not required. The most recent instance involved the proposed development by theWelshCompaniesatthecornerofCountyRoad6andHighway101. Inthatparticularcase, if the site plan submitted had required novariances, there would have been no notice to adjacent neighbors, since the property is guided and zoned for commercial use. Due, however, to the fact that a variance was involved, notice was mailedtoresidentslivingwithin100ft. of the project boundary. Some members of the Council did not believe that this notice was adequate given the likely community interest in development of thissite. In discussing this matter with the Development Council, we found that there is no support to require such signing as a routine matter foralldevelopmentproposals. The consensus at that meeting was that thecurrentzoningcode, along with state law, provides adequate means bywhichthepubliccanandshouldbenoticedofchangesaffectingthem. There was some support for requiring signage in those cases whererezoningwouldbeinvolved. Reguiding would be comparable. PA11Uw ur VUHL1C REGARDING LAND USEPETITIONS February 7, 1980 Page Two We believe that the current notification policies as embodied in the city code which supplement the state law are adequate to inform the public. There may be two exceptions to this general statement. Thefirstisthatitmaybeworthwhile, at least on a trial basis of oneyear, to post a sign at a site of a proposed rezoning or reguidingwhichwouldnotifythebroaderpublicofsucharequest. Such a sign would be installed only for rezoning or reguiding and would be postedatleast10dayspriortothepublichearingbeforethePlanningCommission. The second instance would be to send mailed notices to a broader audience than might otherwise be required by the ordinance, in those cases where the Council determines that a site plan may have a larger community interest. It is cautioned, however, that such a noticewouldnotadvertiseapublichearingunlessaformalhearingisrequired. Further, the Council is aware that ordinance site plan requirements are reasonably straightforward and, unless a petitioner seeks to varyfromtheordinancestandards, there is limited flexibility on the partofthePlanningCommissionandCounciltoaltersuchaplan. The normal Council concern with site plans is the impact of the proposeddevelopmentuponadjacentresidentialneighborhoods. In such cases, the Council's primary concern deals with transition design such asbuffering, reflected in the landscaping plan. Attached is a memorandum from the Community Development Director which provides the information sought by the Council regarding the City ofMinnetonka's requirements. That memo also outlines the current CityofPlymouthnotificationrequirementsandpractices. Blair Tremere and I will be prepared to discuss this matter further with the Council on Monday evening. JGW:jm attach CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: February 6, 1986 for City Council Meeting February 10, 1986 TO: dames G. Willis, City Manager FROM: Blair Tremere, Community Development Director SUBJECT REPORT ON USE OF SIGNAGE TO NOTIFY PUBLIC OF DEVELOPMENT PROSECT SUMMARY: The City Council recently directed that we investigate the use of signs posted on potential development sites which would announce the prospective development. The concern expressed by the Council was that traditional means of notifying neighbors and others through the legal newspaper and mailed notices were not as effective as some citizens like. We have researched our Code as to notifi- cation and a Table is attached showing current requirements and practices. The City of Minnetonka was cited as a community which uses signs in this manner. Our research indicates that they are possibly the only major suburban community that does. Minnetonka I have had the opportunity to discuss the use of signs for this purpose in the City of Minnetonka with key personnel in the Planning Department and in the Operations and Maintenance Department. Minnetonka uses signs to announce proposed subdivisions, rezonings, amendments to the Land Use Guide Plan, and liquor licenses. Approximately ten days prior to the scheduled public hearing, the Planning Department sends an order to the Operations and Maintenance Department to erect one of the signs which are kept in stock (see comments below about sign inventory). This is done in addition to mailed notices and to notices that are required to be pub- lished in the legal newspaper. The sign indicates the nature of the proposal and that questions can be directed to the City. The Planning Department contact believes that the signs perform a valid function both in a public relations context and in the context of effectively notifying neighboring residents. It was noted that the City still receives periodic complaints from resi- dents that they did not get "adequate" notice of pending developments. Page two City Manager James G. Willis City Council Meeting February 10, 1986 February 6, 1986 The Planning Department phone traffic does increase as a result of the signs and mucic of this phone traffic is from realtors, land speculators, prospective developers, and persons other than neighboring residents. Many of these calls are referred to the developer. When the proposal has been heard, the Planning Department sends an order to the Opera- tions and Maintenance Division to remove the sign. I also talked with a representative of the Operations and Maintenance Department who indicated that the inventory of signs consists of approximately 24 signs which were originally produced by a commercial sign company several years ago at a cost of "over 100 each". The signs are 4 by 8 ft., sheets of plywood, connected 'to channelized metal posts. It is possible to amend the message on some of the signs in the case of multiple appli- cations and in the case of special development, such as Planned Unit Developments. The cost of erecting and striking the signs is $150.00 ($75.00 to install the sign and 75.00 to strike the sign). The work involves two men and the costs are not charged back on an interdepartmental basis. The City's rationale has been that development fees cover the costs of the signs. The signs are normally erected on the public right-of-way, rather than on the private property because many of the sites are not accessible due to brush, trees, and terrain. Field work involves staking the location and checking with the utility companies before driving the posts. Repairs to the signs, which are not highly vandalized, are made "in-house" if possible. Winter season presents special installation problems and often the crews have to go back in the spring to remove the metal posts which have become stuck in the frozen ground (the signs can be detached from the posts). The Operations and Maintenance person had been with the City for a number of years andfeltthatthesignswereworthwhile, letting "everyone" know about prospective rezoningandsubdivisions. Minnetonka does not use the signs to announce site plans, conditional use permits or variances (unless those actions are part of plats or rezonings). Plymouth's Experience Plymouth's Zoning Ordinance, through 1978, provided that "property shall be posted with a Notice of the date and place of the meeting" for Planned Unit Development Concept Plans which was and is an informational meeting. This was removed in the ComprehensiveAmendmentofthe1978Ordinance. Comments and Recommendations The consideration of the potential use of signs should include the cost, including theadministrativeandlaborcosts. Page three Memorandum to City Manager dames G. Willis City Council Meeting February 10, 1986 February 6, 1986 Also, if the requirement is established, the specific applications should be cited arid should be uniform for all similar applications. It would be very difficult to "pick and choose" particular applications or proposals. This could result in charges of discrimination where some developers were subject to extraordinary notice and publicity, whereas others were not. I recommend that the City Council discuss this further with respect to establishing more specific criteria as to the need for the additional notification. It would then be appropriate for the Council to specifically solicit input from the Planning Commis- sion since the recent discussion by the Council indicated that the intent would be to generate broad public knowledge prior to Planning Commission Hearings of development proposals. A trial period of, say, one year for rezoning and reguiding proposals might be in order. These are the most basic and important land use actions which control the ulti- mate development of land. We discussed this at a recent Development Council meeting and I think it is fair to say there was not enthusiastic support. It is questionable whether signage will provide a meaningful substitute for the property owners' responsibility to be aware of plans and regulations that impact development in an area -- particularly if there is vacant land near by. The purpose of Comprehensive Land Use regulations such as our Zoning Ordinance, Policies, and Subdivision Code is to provide both property owners and developers a system of dependable standards. Extensive public involvement and input is more mean- ingful when the Comprehensive Plans, Codes, and standards are up for review or when a proposal for a variance has been made. It seems less meaningful when active involve- ment is solicited or is expected in the case of proposals which are consistent with the adopted standards. I find that the State and City requirements for Public Notice reflect this. AttarhmPnt PLYMOUTH PUBLIC NOTIFICATION REQUIREMENTS AND PRACTICES ZONING ORDINANCE TEXTUAL AMENDMENT Required: Legal newspaper(s) ten (10) days prior to hearing. Other: Development Council COMPREHENSIVE PLAN AMENDMENTS Required: Legal newspaper(s) ten (10) days prior to hearing. Adjoining communities and School Districts. Other: Property Owners within 500 feet. PLANNED UNIT DEVELOPMENTS CONCEPT PLANS Informational Hearing Required: Property Owners within 500 feet. Other: President(s) of adjoining Homeowner Associations. PRELIMINARY PLANS Required Hearing with Conditional Use Permit, Plat, and Rezoning. Required: Legal newspaper(s) ten (10) days prior to hearing. Property owners within 500 feet. Other: President(s) of adjoining Homeowner Associations. PRELIMINARY PLAT (ONLY) Required Hearing. Required: Legal newspaper(s) ten (10) days prior to hearing. Other: Property owners within 100 feet. REZONING Required Hearing* Required: Legal newspaper(s) ten (10) days prior to hearing. Property owners within 500 feet. VARIANCES Required: Property owners who in the judgment of the Zoning Administrator, may be affected by the decision (the practice is that all property owners within 100 feet, are noticed ten (10) days prior to meeting). CONDITIONAL USE PERMITS Required: Property owners within 500 feet. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 12, 1987 for City Council Meeting of May 18, 1987 TO: Mayor & City Council FROM: James G. Willis, City Manager SUBJECT SCHEDULING PUBLIC HEARINGS - FINANCING DISTRICT NO. 1-4, FINANCING DISTRICT NO. 2-1 9µ PROPOSED AMENDMENT TO TAX INCREMENT AND ESTABLISHMENT OF TAX INCREMENT SUMMARY: It is requested that the Council schedule public hearinqs for Monday, June 2, 1987 for the purpose of receivinq public comment on the proposed amendment to Tax Increment Financinq District No. 1-4 in Economic Development District No. 1, and the establishment of TaxIncrementFinancingDistrictNo. 2-1 within Economic DevelopmentDistrictNo. 2. The purpose of these two tax increment financingdistrictsistoprovideavehiclebywhich " captured' new valuation generated from proposed commercial/industrial developments within the respective economic development districts will further carry out thedevelopmentprogramsoftherespectivedistricts. The first public hearing deals with Tax Increment Financing District1-4. It is proposed that a second amendment be made to Tax Increment Financing District No. 1-4. The Council established TIF District 1-4onApril6, and subsequently amended it on May 18. With increased development within the economic development district, it is recommend- ed that one additional parcel be included. The parcel in question is located on the southeast corner of County Road 6 and County Road 61. The second public hearing is proposed to consider establishing TaxIncrementFinancingDistrictNo. 2-1 within Economic DevelopmentDistrictNo. 2. This Economic Development District was originallyestablishedinJune1982, with the Tax Increment District being estab- lished in October, 1982. As indicated on the attached map (Exhibit2), this area generally encompasses the Prudential Northwest Business Center Campus as well as other properties just north of County Road9. With developments currently under review or previously approvedforthepropertylyingonthesouthsideofCountyRoad9, it is recommended the three parcels in question be included within the new proposed Tax Increment Financing District 2-1. The parcels proposed to be included are indicated on the attached Exhibit 3. PUBLIC HEARINGS - DISTRICT NO. 1-4, DISTRICT NO. 2-1 May 11, 1987 Page two PROPOSED AMENDMENT TO TAX INCREMENT FINANCING AND ESTABLISHMENT OF TAX INCREMENT FINANCING +. The attached two resolutions call matters. The first resolution ca amending TIF District No. 1-4, w TIF District No. 2-1. It is attached resolutions providing for hearings. JGW:jm attach for public hearings on the these two lls for a public hearinq on further hile the second one would establish recommended the Council adopt the the scheduling of these two public 10 1 •1 { _ il•.,- - c .- Eft EXHIBIT 1 c•»e 5/12/87 e I' CA' M - NIS j •I• a i 40 404 r I G S flE l.. N. 4— — — -- — C h~ fr— 7i 7i = -t• tis Y hC 1 daR i Oea.. s r .. tj I it •... ...........,;;,.........,` "' u 11 LAW it. O ry e 8 t• I I G C h~ I j . IhC t I ot V 11 I - I EXHIBIT 5/12/87 11 s- EXHIBIT 5/12/87 CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of 19 The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - CALLING FOR A PUBLIC HEARING ON AMENDING ECONOMIC DEVELOPMENT DISTRICT TAX INCREMENT FINANCING DISTRICT NO. 1-4 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA AS FOLLOWS: 1. The City has duly established Development District No. 1 (District), Economic Development Tax Increment Financing District No. 1-4 (TIF District) within the District, all pursuant to Minnesota Statutes Chapter 472A, and Section 273.71 to 273.78 (collectively the" Act'). 2. It is determined that it is necessary for the orderly development of the District and the sound financing of development costs within the District and the TIF District that one parcel of land be added to and included within the Development District and included within amended TIF District No. 1-4. 3. Pursuant to the act, this Council shall conduct a public hearing on the proposed amendment to TIF District No. 1-4 on Monday, June 1, 1987 at 7:30 p.m. in the Plymouth City Center. 4. The Clerk is authorized and directed to publish notice of the public hearinq in substantially the form attached hereto as Exhibit A once in the official newspaper not less than 10 days prior to June 1, 1987. 5. The City Manager is authorized and directed to prepare the amended Tax Increment Financing Plan for the amended TIF District No. 1-4 and to transmit such modification together with the form of notice of public hearing to the School Board of Independent School District #284, and to the County Board of Hennepin County for their review. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. k EXHIBIT A NOTICE OF PUBLIC HEARING CITY OF PLYMOUTH, MINNESOTA NOTICE IS HEREBY GIVEN that, the City Council of the City of Plymouth, Minnesota will meet at 7:30 p.m. on Monday, JUNE 1, 1987 in the Council Chambers in the Plymouth City Center, 3400 Plymouth Boulevard, Plymouth, Minnesota, to conduct a public hearing on amending Economic Development Tax Increment Financing District No. 1-4 (TIF District); and the approval of an amended Tax Increment Financinq Plan for the TIF District. The TIF District is proposed to be located within the District. The general boundaries of the parcel proposed to be added to TIF District No. 1-4, are as follows: One vacant parcel of land located at the southeast corner of CSAH 6 and CSAH 61. The exact legal description of property in the District and the proposed amendment to TIF District No. 1-4 is contained in the draft documents described below. The amended TIF Plan and the amended TIF District are proposed to be approved, established, and adopted pursuant to Minnesota Statutes, Chapter 472A and Sections 273.71 to 273.78. Draft copies of the Development Program for the District and the TIF Plan will be available for public inspection in the office of the City Clerk after May 18 during normal City business hours. Any person wishing to express a view concerning the Development Program or the proposed TIF Plan, will be heard orally or in writing at the public hearing. BY ORDER OF THE CITY COUNCIL s/ Laurie Brandt City Clerk Dated: May 11, 1987 CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of 19 The following members were present: The following members were absent: Introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - CALLING FOR A PUBLIC HEARING ON THE ESTABLISHMENT OF ECONOMIC DEVELOPMENT DISTRICT TAX INCREMENT FINANCING DISTRICT NO. 2-1 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA AS FOLLOWS: 1. The City has duly established Development District No. 2 (District), Economic Development Tax Increment Financing District No. 2 (TIF District) within the District, all pursuant to Minnesota Statutes Chapter 472A, and Section 273.71 to 273.78 (collectively the " Act' ) . 2. It is determined that it is necessary for the orderly development of the District and the sound financing of development costs within the District that three parcels of land be added to and included within the Development District and included within TIF District No. 2-1. 3. Pursuant to the act, this Council shall conduct a public hearing on the proposed establishment of TIF District No. 2-1 on Monday, June 1, 1987 at 7:30 p.m. in the Plymouth City Center. 4. The Clerk is authorized and directed to publish notice of the public hearing in substantially the form attached hereto as Exhibit A once in the official newspaper not less than 10 days prior to June 1, 1987. 5. The City Manager is authorized and directed to prepare the Tax Increment Financing Plan for TIF District No. 2-1 and to transmit such modification together with the form of notice of public hearing to the School Boards of Independent School Districts 4284 and #281, and to the County Board of Hennepin County for their review. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: Theo -lowing voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. I EXHIBIT A NOTICE OF PUBLIC HEARING CITY OF PLYMOUTH, MINNESOTA NOTICE IS HEREBY GIVEN that, the City Council of the City of Plymouth, Minnesota will meet at 7:30 p.m. on Monday, DUNE 1, 1987 in the Council Chambers in the Plymouth City Center, 3400 Plymouth Boulevard, Plymouth, Minnesota, to conduct a public hearing on the establishment of an Economic Development Tax Increment Financing District No. 2-1 (TIF District); and the approval of a Tax Increment Financing Plan for the TIF District. The TIF District is proposed to be located within the District. The general boundaries of the proposed TIF District are as follows: Three vacant parcels of land located at the southeast corner of the intersection of CSAH 9 and Xenium Lane. The exact legal description of property in the District and the proposed TIF District are contained in the draft documents described below. The TIF Plan and the TIF District are proposed to be approved, established, and adopted pursuant to Minnesota Statutes, Chapter 472A and Sections 273.71 to 273.78. Draft copies of the Development Program for the District and the TIF Plan will be available for public inspection in the office of the City Clerk after May 18 during normal City business hours. Any person wishing to express a view concerning the Development Program or the proposed TIF Plan, will be heard orally or in writing at the public hearing. Dated: May 11, 1987 BY ORDER OF THE CITY COUNCIL s/ Laurie Brandt City Clerk 91 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 14, 1987 TO: Mayor & City Council FROM: James G. Willis, City Manager SUBJECT LEGISLATIVE UPDATE Because the House and Senate Conference Committees are still meetinq, I will provide a verbal report on legislative matters to the Council on Monday evening. JGW:Jm CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 13, 1987 TO: Mayor & City Council FROM: dames G. Willis, City Manager SUBJECT POLICE RESERVE PROGRAM SUMMARY: One of the Council's priorities for 1987 is to have us examine the feasibility of establishing a volunteer police reserve program. This program was contemplated in developing the Public Safety Department's 1987 budget. One of my performance objectives was to submit a report with my recommendations to the Council by May 4 with respect to the establishment of this program. This memo is Intended to respond to that Council direction. In the preparation of the 1987 budget for the Police Department, Public Safety Director Carlquist contemplated the need for two addi- tional sworn police personnel. One of the objectives of increasing the police manpower was to afford us the opportunity to devote some of the additional manpower made available to the establishment of a new citizen volunteer program which we identified as a " police reservd' . The Council approved the manpower increases with two new police officers to be hired (one started March 14, and second April 25. Both the Public Safety Director and I continue to believe that the police reserve program should be inaugurated. The question is not if" but rather " wheri' . The attached memo from the Public Safety Director addresses this matter in more detail. The long and short of the matter is simply that we are not able to move forward as rapidly with this program as earlier had been anticipated. I recognize the Council's support for a police reserve program. Unless otherwise directed, we will continue to work towards the implementation of the program in early 1988 following training through the Hennepin County Sheriff's department of one of our police officers to coordinate the program. JGW:jm attach CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 I iT L7 DATE: May 4, 1987 r TO: James G. Willis, City F1anager FROM: Richard J. Carlquist, Public Safety Directorfi( SUBJECT POLICE RESERVE STATUS I was unable to implement the police reserve program as early as I had anticipated. I had not accurately accessed an appropriate time line to establish the police reserve duties, advertise openings, select personnel, and subsequently train them. The best and most cost effective training occurs each year in January. This training is sponsored by the Hennepin County Sheriff. I am anticipating that the entire reserve program is approximately one year behind schedule. I had previously forecast that a police officer working part-time as a reserve coordinator could get the program ready and implemented. As it turned out with our extremely busy winter and spring, we would not have been able to meet the deadlines even if an appropriate school would have been located and held in the spring of '87. My intention at this point in time is to select a police officer on the Department who has an interest in developing a police reserve program. Then we would have to establish as specific as possible the types of duties and parameters that a police reserve officer would be involved in. This is a very important step! I have had contact with a Plymouth resident with approximately 12 years experience as a police reserve in Orono. He has expressed interest in starting a program in our City and being part of it. The police reserve program in Orono is quite different than the one that I have envisioned for this camminity. For example, in Orono the police reserves issue nonmoving citations. They also carry stun guns and help assist in the arrest of unruly persons. When I first considered the position of volunteer coordinator, it was at a time that I was discussing personnel needs with Paul Tischler (Tischler Report). I was envisioning a person who would enhance our communications efforts in the field of crime prevention. More specifically, I was looking for a person who would keep feeding our neighborhood watch programs so that they would not die and wither on the limb. I still believe that a police reserve program would be channeled in that crime prevention effort. It is terribly labor intensive to feed these various programs once they get up and running and in fact we have not been able to do it. But, a reserve program channeled along a thesis which creates more citizen involvement would be an effective and efficient unison. I will keep you abreast of my efforts. RJC:jf 1K CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 15, 1987 TO: James G. Willis, City Manager FROM: Laurie Brandt, Clerk SUBJECT PLANNING COMMISSION APPOINTMENT Because of the resignation of George Mellen, there is currently an opening on the Planning Commission. On May 14 the Council interviewed applicants for the opening. Attached, for Council consideration, is a resolution makinq appointment to the Planning Commission for a term expiring January 31, 1988. Att. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - APPOINTMENT TO PLANNING COMMISSION WHEREAS, the Planning Commission consists of seven commissioners appointed to three year terms expiring on January 31; and WHEREAS, one of the positions is vacant; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it does hereby appoint to the Planning Commission to fill the term ending January 31, 1988. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, tFie following voted in favor thereof: The ollowinq voted against or abstained: Whereupon the Resolution was declared duly passed and adopted.