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Home My WebLink AboutCity Council Packet 03-28-1988 SpecialCITY OF PLYMOUTH A G E N D A SPECIAL COUNCIL MEETING MARCH 28, 1988 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. 1. CALL TO ORDER 7:30 P.M. 2. INVOCATION 3. ROLL CALL 4. CONSENT AGENDA 5. MINUTES - Approval of Minutes of the Regular Council meeting of March 21, 1988 6. LEGISLATIVE UPDATE 7. PETITIONS, REQUESTS AND COMMUNICATIONS A. Award of liability and property insurance B. Disbursements for period ending February 29, 1988 8. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS A. Public and Capital Improvement Project status report B. 1988 Neighborhood Cleanup Program C. Report on Human Resource Specialist position D. Discussion of revised fire alarm ordinance E. Letter supporting Minneapolis/St. Paul as the location for the 1996 summer Olympic Games F. Proposed 1989/90 Budget Calendar G. Interest on part of Council to consider amendment to Zoning Ordinance to allow "automobile service facilities" (gas stations and minor automobile repair uses) as conditional uses in the B-1 Limited Office) zoning districts H. CCR Reports 9. ADJOURNMENT F M I N U T E S REGULAR COUNCIL MEETING MARCH 21, 1988 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 March 21, 1988. PRESENT: Mayor Schneider, Councilmembers Vasiliou, Ricker, Zitur, and Sisk, City Manager Willis, Assistant Manager Boyles, Planning Director Tremere, Public Works Director Moore, Park Director Blank, Finance Director Hahn, City Attorney Thomson, and City Clerk Brandt ABSENT: None PROCLAMATIONS Representatives of Camp Fire, Inc. presented the colors. They PROCLAMATION gave the Council a birthday cake in honor of their 78th year. Item 4 Mayor Schneider read a proclamation in honor of Camp Fire's 78th birthday. CONSENT AGENDA MOTION was made by Councilmember Ricker, seconded by Councilmem- CONSENT AGENDA ber Sisk, to adopt the consent agenda deferring item 7-K, and deleting items 7-M, 7-U, and 7 -CC. Motion carried on a Roll Call vote, five ayes. MINUTES MOTION was made by Councilmember Ricker, seconded by Councilmem- MINUTES - REGULAR ber Sisk, to approve the minutes of the March 7 Regular Council MEETING, MARCH 7, Meeting as submitted. 1988 Item 5* Motion carried on a Roll Call vote, five ayes. PUBLIC HEARINGS Mayor Schneider opened the public hearing at 7:42 p.m. PUBLIC HEARING - WEED ERADICATION ROLL No one chose to speak and the hearing was closed at 7:42 p.m. Item 6-A Regular Council Meeting March 21, 1988 Page 72 MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-174 Zitur, to adopt RESOLUTION NO. 88-174 ADOPTING ASSESSMENT, 1987 ADOPTING ASSESSMENT WEED ERADICATION AND DESTRUCTION ROLL 4 in the amount of WEED ERADICATION ROLL 712.52. Item 6-A Motion carried on a Roll Call vote, five ayes. Mayor Schneider opened the public hearing at 7:43 p.m. PUBLIC HEARING - DISEASED TREES No one chose to speak and the hearing was closed at 7:43 p.m. Item 6-B MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-175 Zitur, to adopt RESOLUTION NO. 88-175 ADOPTING ASSESSMENT, 1987 ADOPTING ASSESSMENT REMOVAL AND DESTRUCTION OF DISEASED TREES, ROLL 2 in the amount DISEASED TREES of $1,913.75. Item 6-B Motion carried on a Roll Call vote, five ayes. PETITIONS, REQUESTS AND COMMUNICATIONS Mayor Schneider explained the difference between the attached APPEAL OF BOZA garage being requested and the variance previously granted in DECISION BY EARL HANKE the neighborhood which was for a detached garage. The grade of Item 7-A the properties is different and must be considered. The Mayor recognized Board of Zoning member Anderson who said the Board's action was accurately reflected in the minutes and Board resolution. Earl Hanke, 11710 28th Ave., stated he needs more garage space and asked where he could put a garage if not in front of the house. He currently has a single car attached garage. None of his neighbors oppose the request. He handed out a letter dated March 21, 1988. Councilmember Vasiliou pointed out that the purpose of the garage seemed be to house several cars and recreational vehicles. Perhaps the use of the site has been maximized. Mayor Schneider stated the problem is that this could set an undesirable variance precedent. Councilmember Zitur asked whether they were running a business in the house. Mr. Hanke answered that his wife runs a dog grooming business out of the house. The vehicles are all family vehicles. Director Tremere stated there may be homes in the neighborhood that did not request or receive formal variances, as suggested by the petitioner, because they were developed many years ago. Only the one variance cited by the petitioner was granted in the neighborhood and involved an accessory building and front yard setback. Regular Council Meeting March 21, 1988 Page 73 MOTION was made by Councilmember Vasiliou, seconded by Council- RESOLUTION NO. 88-176 member Ricker, to adopt RESOLUTION NO. 88-176 DENIAL OF APPEAL DENIAL OF BOZA APPEAL BY EARL HANKE OF BOARD OF ZONING ADJUSTMENTS AND APPEALS RULING EARL HANKE 2-1-88). Item 7-A Manager Willis stated Mr. Hanke could draw the setback limits on his survey and construct a garage anywhere within the lines without a variance. Mayor Schneider stated the Council doesn't want to plan his lot for him. There appears to be some constraints but all options have not been identified. Councilmember Vasiliou noted that the Board of Zoning pointed out that this is a residential lot intended for single family use and, because of the business, the extended family, and the number of vehicles, the lot is overused. It is not appropriate to allow a variance to over extend use of the lot. Motion carried on a Roll Call vote, five ayes. Director Tremere stated the application is for a variance from urban development policy to create a five acre parcel in the rural part of the City. If the variance is approved, the pro- perty would be divided by a Registered Land Survey to create four tracts. A number of neighbors oppose the park dedication of the tract by the lake because it would allow future public access to the lake. Sherm Goldberg, representing Bill Leeper, pointed out that the Council had varied from the policy in the past where a family wanted to create a parcel to build a home for another family member. The new tract would meet ordinance standards. Bill Leeper, 5525 Juneau Lane, stated he has owned the property for 33 years and he would like to give his son a piece of it for a home. He asked the Council to be fair as this was done for two neighbors in the past. Arnold Palmer, 5550 Juneau Lane, stated the neighbors present at the Planning Commission hearing do not see a hardship and asked for denial. Wayne Oopp, 13040 38th ave., stated he is totally against the park area being established to open the lake. When he bought land in the area, he understood there would be no park for many years. Councilmember Sisk stated he doesn't believe the request is out of line with what has been done in the past nor is it a problem for the future. The area will open up for development after the year 2000 which is not "rapid" development. The precedent has been set to allow children the opportunity to live on their parents' land and it wouldn't seem fair not to allow this now. VARIANCE REQUEST MARTIN & JOAN LEEPER 87095) Item 7-B Regular Council Meeting March 21, 1988 Page 74 The required park dedication has nothing to do with his consi- deration. Councilmember Vasiliou also favored the request as it was reasonable and would have very little impact. Director Tremere stated State law says that a rural property owner may divide and convey residential property if it is at least 20 acres and 500 ft. wide without going through City divi- sion procedures. The issue here is a variance from City urban development policy to allow the creation of this parcel. Attorney Thomson stated the issue of hardship is not the ques- tion here because the policy states what must be shown to grant a variance and, unlike Zoning variances, hardship is not one of them. If the Council finds that divergence from the policy will not cause the impacts cited by the policy, approval would be in order. Director Tremere stated this would create another lot and home which is contrary to the City's policy not to encourage develop- ment in a rural area. MOTION was made by Councilmember Sisk, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 88-177 APPROVING VARIANCE FROM THE URBAN DEVELOPMENT POLICY RESOLUTION NO. 75-664 FOR MARTIN AND JOAN LEEPER (87095) amending condition #2 by adding the fol- lowing: "...because it will only create one additional lot." and adding condition #3 as follows: "The Council has granted similar variances if the new parcel is to be occupied by a mem- ber of the family owning the property." Motion carried on a Roll Call vote, four ayes. Mayor Schneider voted nay. MOTION was made by Councilmember Sisk, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 88-178 APPROVING PRELIMINARY REGISTERED LAND SURVEY (R.L.S.) FOR MARTIN AND JOAN LEEPER 87095). Motion carried on a Roll Call vote, four ayes. Mayor Schneider voted nay. MOTION was made by Councilmember Sisk, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 88-179 APPROVING FINAL REGIS- TERED LAND SURVEY (R.L.S.) NO. FOR MARTIN AND JOAN LEEPER 87095). Motion carried on a Roll Call vote, four ayes. Mayor Schneider voted nay. RESOLUTION NO. 88-177 APPROVING VARIANCE MARTIN & JOAN LEEPER 87095) Item 7-B RESOLUTION NO. 88-178 PRELIMINARY R.L.S. MARTIN & JOAN LEEPER 87095) Item 7-B RESOLUTION NO. 88-179 FINAL R.L.S. MARTIN & JOAN LEEPER 87095) Item 7-B Regular Council Meeting March 21, 1988 Page 75 MOTION was made by Councilmember Sisk, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 88-180 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL REGISTERED LAND SURVEY (R.L.S.) NO. FOR MARTIN AND JOAN LEEPER (87095). Motion carried on a Roll Call vote, four ayes. Mayor Schneider voted nay. Kevin Von Riedel, McCombs, Frank, Roos, explained the project, the water features, planned transition, and the proposed use of open space. Glenn Olander-Quamme, 10750 55th Ave., President of Harrison Hills Homeowners Association, stated they are concerned with the access into the development being through theirs and the density. Given the density of the development and the funneling affect onto 55th Ave., they would like stop signs along 55th at some time in the future when, and if, this becomes a problem. Mayor Schneider pointed out that the development is eligible for 37 more units than they are requesting. The planned density is not excessive for the site. Director Moore stated the plan is that 55th Ave. is designated a collector street. The designs of the area include a minimal number of lots facing 55th Ave. The purpose of stop signs is to control traffic at an intersection and the design is to encour- age traffic to use 55th Ave. If there is a speed problem, it is up to the police to enforce it. RESOLUTION NO. 88-180 SETTING CONDITIONS FINAL R.L.S. MARTIN & JOAN LEEPER 87095) Item 7-B REVISED MPUD REQUEST HEW LYN INC. (87109) Item 7-C MOTION was made by Councilmember Zitur, seconded by Councilmem- ORDINANCE NO. 88-09 ber Sisk, to adopt ORDINANCE NO. 88-09 AMENDING THE ZONING AMENDING ZONING CODE ORDINANCE TO CLASSIFY CERTAIN LAND SOUTHWEST OF COUNTY ROAD 10 HEW LYN, INC. (87109) AND NATHAN LANE AS R-2 (LOW DENSITY MULTIPLE RESIDENCE) Item 7-C DISTRICT, R-3 (MEDIUM DENSITY MULTIPLE RESIDENCE) DISTRICT AND B-2 (SHOPPING CENTER BUSINESS) DISTRICT (87109). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- RESOLUTION NO. 88-181 ber Sisk, to adopt RESOLUTION NO. 88-181 SETTING CONDITION TO BE SETTING CONDITION MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND LOCATED AMENDING ZONING CODE SOUTHWEST OF COUNTY ROAD 10 AND NATHAN LANE (87109). HEW LYN, INC. (87109) Item 7-C Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- RESOLUTION NO. 88-182 ber Sisk, to adopt RESOLUTION NO. 88-182 APPROVING REVISED MIXED APPROVING REVISED MPUD PLANNED UNIT DEVELOPMENT (MPUD) CONCEPT PLAN FOR DAVID PETERSON, CONCEPT PLAN HEW LYN, INC./FGC CORPORATION (87109). HEW LYN, INC. (87109) Item 7-C Regular Council Meeting March 21, 1988 Page 76 MOTION was made by Mayor Schneider, seconded by Councilmember Sisk, to amend condition #5 as follows: "All trails shall be per City standards; reference to wood chip trails shall be stricken from the approved plans. Trail construction shall begin prior to issuance of building permits for houses abutting the trails, and trails will be completed prior to issuance of certificate of occupancy for the houses abutting the trails." Motion to amend carried, five ayes. MOTION was made by Mayor Schneider, seconded by Councilmember Zitur, to add the following to condition #7: "Open space, trails, and amenities." Motion to amend carried, five ayes. MOTION was made by Mayor Schneider, seconded by Councilmember Sisk, to add condition #10 as follows: "Slopes and trees along the Bass Creek Conservation area are not to be disturbed by con- struction except where necessary to install sewer and water and that necessity is to be reviewed and approved by the City Engineer." Motion to amend carried, five ayes. Motion as amended carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Z_itur, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 88-183 APPROVING REVISED MIXED PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT AND CONDITIONAL USE PERMIT FOR DAVID PETERSON, HEW LYN, INC./FGC CORPORATION FOR HARRISON HILLS PONDS" (87109) (MPUD 88-02). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 88-184 APPROVING MODIFICATION OF MINIMUM FRONT YARD SETBACK FOR LOT 2 BLOCK 2 DEERWOOD GLEN PLAT TWO (RPUD 85-4) (87010). Motion carried on a Roll Call vote, five ayes. Rev. Bruce Talso, representing Paula Kim, stated the $8,600 is a sizable amount involving many years of saving to prepay their assessment to build on the property. The City told Mr. & Mrs. Kim the soil conditions needed correction but the lot was build- able. Subsequently to finding out the amount of the correc- tions, the Kims asked for and received a refund of the purchase price from Hennepin County. They are now asking for a refund or reduction of the amount paid the City for special assessments. RESOLUTION NO. 88-183 REVISED MPUD PRELIMINARY PLAN/PLAT C.U.P., HEW LYN 87109) Item 7-C RESOLUTION NO. 88-184 SETBACK MODIFICATION DEERWOOD GLEN PLAT TWO 87010) Item 7-D* REQUEST FOR REBATE SAMUEL KIM Item 7-E Regular Council Meeting March 21, 1988 Page 77 Pat Moore, 8330 Wesley Drive, stated the Kims thought they had to prepay the assessments to purchase the lot and asked, if they hadn't paid, would they still owe the assessments. Mayor Schneider answered that they would not because they do not own the land any longer. The assessments go with the land. Attorney Thomson stated special assessments are authorized by Chapter 429 and have to be done in strict conformance with this chapter by the Council. In this situtation, the law doesn't allow the City to refund an assessment that has been paid if the 30 day period to question it is expired. They can accomplish the same result by going through another public hearing and notifying the same residents as in the original assessment hear- ing and reduce the assessment, if there was an error made on this parcel. Mayor Schneider asked, if the assessment were reduced and the amount refunded, can there be another public hearing to put the assessment back on the lot. Attorney Thomson answered that, in order to reduce the assess- ment, they have to find that a mistake was made originally. The end result would be that the decision made at a second hearing would have to stand. The grounds for having made the mistake could be that the Council did not know that the assessment would not be in line with the final worth of the lot. Paula Kim, 6125 65th Ave., stated they purchased the lot in 1986 because the City and developer told them the lot was buildable. MOTION was made by Councilmember Sisk, seconded by Councilmember Vasiliou to adopt RESOLUTION NO. 88-185 ORDERING A PUBLIC HEARING TO RECONSIDER THE SPECIAL ASSESSMENTS ON PROPERTY AT 12305 30TH AVENUE. Attorney Thomson stated a separate public hearing would have to be held if any other neighbor requested a refund. The soil report is unique to this piece of land. Councilmember Ricker stated the special assessments on the property are the City's and the County would not be involved in the future. Motion carried on a Roll Call vote, five ayes. RESOLUTION NO. 88-185 ORDERING HEARING RECONSIDER ASSESSMENTS SAMUEL KIM Item 7-E Kelly Doran, Vantage Properties, gave the background of the LAND USE GUIDE PLAN guiding and zoning of property and the reasons for the requested AMENDMENT, VANTAGE change to the Land Use Guide Plan. He showed a rough site plan COMPANIES (88002) and pictures of the type of building they are proposing. He Item 7-F pointed out the advantages of having one developer for the entire parcel. Regular Council Meeting March 21, 1988 Page 78 Mayor Schneider asked why the CL guiding wasn't appropriate if the use would be office. Director Tremere answered that the things they are seeking require I-1, are not found in the overlap, and the property can- not be zoned by a variance to have industrial of any type. Mayor Schneider stated the entire area should be industrial and not leave one parcel CL. Mr. Doran stated that, while one parcel has already been approved for a small office building, the reguiding of the pro- perty is subject to the requested use and would revert to its original guiding if the plan is not approved. They need the flexibility to provide characteristics in the buildings which are classified as industrial by the City. The appearance would be as an office building. Councilmember Vasiliou pointed out that the B-1 development is Just starting and may generate further uses and this request is market driven. While the proposed use was not foreseen when the guiding was established, it doesn't mean it is a good idea to change the guiding because there is a use now. The Mayor stated the land west of future Berkshire Lane was not included and would thus remain CL, as would the corner site for which plans were Just approved. Mr. Doran stated those owners may seek the reguiding to LA -3 which was once approved but which expired since no development occurred. Councilmember Sisk stated the plan isn't complete enough for the Council to approve the request as part of a package. The Mayor said that, while deferral might make sense in some cases to get a more detailed understanding, he could not support that now because the proposal leaves the land west of Berkshire Lane as an exception. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 88-186 DENYING LAND USE GUIDE PLAN AMENDMENT FOR VANTAGE COMPANIES (88002). David Field, Field Financial Co., stated they purchased the property in 1969 and changed it from industrial to B-1 in 1979, there have been no purchase agreements on the property since. They now have parties who are interested in the parcel if the zoning is changed back to industrial. He asked the Council to wait for final plans from Vantage before making a decision. Mr. Doran stated that they seek a positive endorsement now. Councilmember Vasiliou stated she doesn't think the Council should encourage someone to prepare final plans when the Council doesn't have any intention of changing the zoning. RESOLUTION NO. 88-186 DENYING LAND USE GUIDE PLAN AMENDMENT VANTAGE COMPANIES 88002) Item 7-F Regular Council Meeting March 21, 1988 Page 79 Councilmember Zitur stated that he doesn't believe this would be the highest and best use of the land. Mayor Schneider stated he expected that, if the entire quadrant were reguided, it would result in a high amenity development which is important because of its being a gateway to the area. Motion carried on a Roll Call vote, five ayes. Director Tremere stated the Planning Commmisison gave the peti- tioner some direction at the hearing on landscaping and the new plans are responsive to that. Stan Baratz, Welsh Company, stated there will be 334 units in the apartment development and described the amenities. The units will be in the upper end of the rental market. Attorney Thomson stated the full abstract was only received recently and some title concerns existed which is why he sugges- ted adding condition #11 as submitted. Mayor Schneider asked about landscaping between building two and the tennis court and pool areas from the neighborhood to the north. Mark Ravich, owner of the property, stated that 40 trees were added to the north side at the direction of the Planning Commis- sion. VICKSBURG APARTMENT CO MARK RAVICH (87131) Item 7-G MOTION was made by Councilmember Sisk, seconded by Councilmember ORDINANCE NO. 88-10 Ricker, to adopt ORDINANCE NO. 88-10 AMENDING THE ZONING AMENDING ZONING CODE ORDINANCE TO CLASSIFY CERTAIN LAND NORTHEAST OF VICKSBURG LANE VICKSBURG APARTMENT CO AND NEW COUNTY ROAD 9 AS R-4 (HIGH DENSITY MULTIPLE RESIDENCE) (87131) 87131). Item 7-G Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 88-187 SETTING CONDITION TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND LOCATED NORTHEAST OF VICKSBURG LANE AND NEW COUNTY ROAD (87131). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 88-188 APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT CONCEPT PLAN, PRELIMINARY PLAN/PLAT, FINAL PLAN AND CONDITIONAL USE PERMIT FOR MARK RAVICH, VICKSBURG APARTMENT COMPANY (RPUD 88-01) (87131). RESOLUTION NO. 88-187 SETTING CONDITION AMENDING ZONING CODE VICKSBURG APARTMENT CO 87131) Item 7-G RESOLUTION NO. 88-188 RPUD CONCEPT PLAN PLAN/PLAT FINAL PLAN C.U.P. VICKSBURG APARTMENT CO (87131) Item 7-G Regular Council Meeting March 21, 1988 Page 80 MOTION was made by Mayor Schneider, seconded by Councilmember Zitur, to amend by adding condition No. 19 as follows: Additional buffering shall be provided between Building Two and neighborhood to the north to minimize noise impact from the tennis courts and pool by adding 19 trees of the same species as those shown on the revised plan." Mr. Ravich stated they would also put some of the trees closer to the pool to absorb the noise. Motion to amend carried, five ayes. Motion as once amended carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 88-189 APPROVING FINAL PLAT FOR VICKSBURG ADDITION FOR MARK RAVICH, VICKSBURG APARTMENT COMPANY 87131) (RPUD 88-01). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 88-190 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR VICKSBURG ADDITION FOR MARK RAVICH, VICKSBURG APARTMENT COMPANY (87131) RPUD 88-01). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 88-191 APPROVING SITE PLAN AND CONDITIONAL USE PERMIT AMENDMENT FOR PLYMOUTH BIBLE CHAPEL 88014). Motion carried on a Roll Call vote, five ayes. Attorney Thomson was asked to review the March 18, 1988 staff report, he stated the reason Opus is before the Council is con- dition #11 of their approving resolution No. 88-09 which requires that appropriate legal documents be recorded prior to the issuance of building permits which state that a parking ramp may be required. The question is what did the Council mean. The reason why that condition was added was that, by increasing the proposed office use of the building, a different parking standard was triggered. The applicant understood at the time that the only factor to create the need for the additional park- ing was if the office use exceeded 60%. The Council approved the ramp if there was a parking problem on the site regardless if the office use exceeded 60%. Jeff Essen, Opus Corporation, stated the question is what the intent of the condition was. They propose they not be forced to create a 40% parking "surplus" and requested clarification of RESOLUTION NO. 88-189 FINAL PLAT VICKSBURG APARTMENT CO 87131) Item 7-G RESOLUTION NO. 88-190 SETTING CONDITIONS FINAL PLAT, VICKSBURG APARTMENT COMPANY 87131) Item 7-G RESOLUTION NO. 88-191 C.U.P. AMENDMENT PLYMOUTH BIBLE CHAPEL 88014) Item 7-H* OPUS CORPORATION INQUIRY, TECH WEST 55 87119) Item 7-I Regular Council Meeting March 21, 1988 Page 81 the City's intent to resolve parking problems. They will work with Director Tremere and Attorney Thomson to draft language which would satisfy everyone. They would prevent any parking problems through their lease contracts and work with the City to cure any problems and take any action against their tenants if problems would occur rather than initiate a ramp. Tom Burke, attorney for Opus Corporation, stated they believed they proved parking was sufficient by meeting the 60% as that was the office use of the building. Mayor Schneider asked what they would do if their potential solutions didn't work. Mr. Essen answered that they would build the ramp if the problem was unsolvable by other means. The remedy as now stated is too severe. Discussion followed on possible remedies and penalties. Mr. Essen stated they don't object to a covenant on the property, they object to the declaration of that covenant and they would like to negotiate the language of that covenant. Director Tremere stated the issue is the intent and purpose of condition #11. The Council has applied that requirement before with the intent of providing formal notice to future property owners that parking needs may be met through construction of a ramp, per approved plans on file with the City. He suggested the 60/40 is not relevant to the ramp. Attorney Thomson stated the ordinance says the standard for the most intense use must be applied exclusively and listed the alternatives of going back to the 40/60% occupancy which was approved prior to the conditional use permit or to agree to language that, if the parking problems are not solved the owner of the property may be required to construct the parking ramp per the plan approved by the City, or to accept the proposition by Opus that it doesn't make sense to require the parking at all if they don't exceed 60% office. The latter alternative would effectively eliminate the need for any covenant since condition- al use permits must be filed at the County. Bob Worthington, Opus Corporation, suggested creating a condi- tion that there shall be no parking problem on the site as a condition of the conditional use permit and give them a set time to correct it or revoke the C.U.P. and go back to a 40/60 situa- tion. Attorney Thomson stated the ordinance could perhaps be evaluated as to the exclusivity of the parking requirement for multiple use buildings. Regular Council Meeting March 21, 1988 Page 82 Councilmember Vasiliou stated the problem is that this is too subjective and revocation would be hard to enforce considering the leases that might exist. Discussion continued on what creates a problem and how to gauge it. Director Tremere stated condition 411 is not required by the ordinance but stems from a condition the Council put on the resolution. Discussion followed on the present tenant mix, their expansion needs, and lease terms. Mr. Essen said the problem is not an artificial one. Mr. Burke stated the large cost of the ramp as a parking remedy was a problem. MOTION was made by Mayor Schneider, seconded by Councilmember Zitur, to clarify that the intent of conditon #11 of resolution No. 88-09 is that the City shall serve notice to the owner when a parking problem exists and the owner has nine months to cure the problem or else a building permit shall be applied for and issued and a ramp constructed for the parking necessary to cure the problem. Manager Willis stated the size of the building and the C.U.P. for higher office occupancy created the problem. He doesn't think the resolution should be changed though the C.U.P. could be rescinded and the approval could revert to the original 40/ 60% ratio. MOTION was made by Councilmember Zitur to amend the motion to read two months rather than nine months. Motion to amend died for lack of a second. Motion failed, two ayes. Councilmembers Ricker, Sisk, and Vasiliou voted nay. MOTION was made by Councilmember Ricker, seconded by Councilmem- ber Vasiliou, to reaffirm Resolution No. 88-09, condition #11, a parking ramp may be required even though the 60% limit may not be exceeded. This is consistent with the ordinance parking requirements for multiple use buildings. Motion carried, three ayes. Mayor Schneider and Councilmember Zitur voted nay. Councilmember Sisk left the meeting at 11:13 p.m. MOTION was made by Councilmember Ricker, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 88-192 APPROVING FINAL PLAT FOR TRAMMELL CROW COMPANY FOR PLYMOUTH FREEWAY CENTER 4TH ADDITION (88013). RESOLUTION NO. 88-192 FINAL PLAT, PLYMOUTH FREEWAY CENTER 4TH 88013) Item 7-3* Regular Council Meeting March 21, 1988 Page 83 Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 88-193 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR PLYMOUTH FREEWAY CENTER 4TH ADDITION FOR TRAMMELL CROW COMPANY (88013). Motion carried on a Roll Call vote, five ayes. The request to proceed with the Plymouth Creek soccer field was deferred until after the joint commission/Council meeting. RESOLUTION NO. 88-193 SETTING CONDITIONS FINAL PLAT, PLYMOUTH FREEWAY CENTER 4TH 88013) Item 7-3* PLYMOUTH CREEK SOCCER FIELD Item 7-K MOTION was made by Councilmember Vasiliou, seconded by Council- ORDINANCE NO. 88-11 member Ricker, to adopt ORDINANCE NO. 88-11 RELATING TO PUBLIC YARD WASTE COLLECTION HEALTH, THE REMOVAL OF YARD WASTE AND AMENDING SECTION 600 OF SYSTEM THE PLYMOUTH CITY CODE. Item 7-L Motion carried on a Roll Call vote, four ayes. MOTION was made by Mayor Schneider, seconded by Councilmember Zitur, directing staff to call Waste Tech to ask that they dis- continue advertising that all materials they pick up are recycled. Motion carried, four ayes. Sandy, of Randy's Sanitation, asked what will happen to haulers who don't comply with the ordinance. Director Moore answered that haulers who don't submit a plan will not be licensed. Manager Willis stated the amendment would give the park director control over the hours of operation and the placement of signs. Councilmember Vasiliou stated her concern is that the ordinance be consistent. She wants to know when hours are a problem in a park and not leave the change up to the park director. MOTION was made by Councilmember Vasiliou, seconded by Mayor ORDINANCE NO. 88-12 Schneider, to adopt ORDINANCE NO. 88-12 RELATING TO PUBLIC PARK SIGNAGE SAFETY AND THE HOURS OF OPERATION FOR PUBLIC PARKS AND BEACHES Item 7-M AND AMENDING SECTION 805.07 OF THE PLYMOUTH CITY CODE. MOTION was made by Mayor Schneider, seconded by Councilmember Zitur, to amend the ordinance by deleting Section 1, making Section 2 Section 1, making Section 3 Section 2, and making the City Manager or his designee responsible for posting of hours and enforcement. Regular Council Meeting March 21, 1988 Page 84 Motion to amend carried, four ayes. Motion as once amended carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Ricker, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 88-194 INSTALLATION OF STOP SIGNS. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 88-195 REQUESTING HENNEPIN COUNTY DEPARTMENT OF TRANSPORTATION TO INSTALL TEMPORARY TRAFFIC SIGNAL COUNTY ROAD 9 AND FERNBROOK LANE, CITY PROJECT NO. 764. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 88-196 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENTS AND DRAINAGE EASEMENTS FOR PONDING PURPOSES OUTLOT 0 - PARKERS LAKE NORTH 2ND ADDITION for April 18, 1988 at 7:30 p.m. Motion carried on a Roll Call vote, five ayes. RESOLUTION NO. 88-194 STOP SIGNS Item 7-N* RESOLUTION NO. 88-195 TEMPORARY TRAFFIC SIGNAL, C.R. 9 FERNBROOK LANE PROJECT 764 Item 7-0* RESOLUTION NO. 88-196 ORDERING HEARING EASEMENT VACATION OUTLOT 0, PARKERS LAKE 2ND ADDN. Item 7-P* MOTION was made by Councilmember Ricker, seconded by Councilmem- RESOLUTION NO. 88-197 ber Sisk, to adopt RESOLUTION NO. 88-197 AUTHORIZING AGREEMENT AGREEMENT FOR FINAL FOR ENGINEERING SERVICES FINAL DESIGN AND CONSTRUCTION PLANS, DESIGN & PLANS T.H. 494 FROM CARLSON PARKWAY TO T.H. 55, STATE PROJECT NO. I-494, PROJECT 250 SP2785-8806, CITY PROJECT NO. 250. Item 7-0-1* Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmem- RESOLUTION NO. 88-198 ber Sisk, to adopt RESOLUTION NO. 88-198 AUTHORIZING AGREEMENT AGREEMENT FOR FINAL FOR ENGINEERING SERVICES, FINAL DESIGN AND CONSTRUCTION PLANS, DESIGN & PLANS T.H. 494 FROM CARLSON PARKWAY TO T.H. 55, STATE PROJECT NO. I-494, PROJECT 250 SP2785-8806, CITY PROJECT NO. 250. Item 7-Q-2* Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmem- RESOLUTION NO. 88-199 ber Sisk, to adopt RESOLUTION NO. 88-199 APPROVING CHANGE ORDER CHANGE ORDER NO. 4 NO. 4, ZACHARY LANE WATER TREATMENT PLANT, CITY PROJECT NO. 431 WATER TREATMENT PLANT by adding $4,950.45. PROJECT 431 Item 7-R* Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmem- RESOLUTION NO. 88-200 ber Sisk, to adopt RESOLUTION NO. 88-200 APPROVING CHANGE ORDER CHANGE ORDER NO. 1 NO. 1, CLEANING, REPAIRING, AND PAINTING PLANT WATER TOWER by PLANT WATER TOWER adding $9,980. Item 7-S-1* Regular Council Meeting March 21, 1988 Page 85 Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Council - member Zitur, to adopt RESOLUTION NO. 88-201 REQUEST FOR PAYMENT NO. 4 AND FINAL, CLEANING, REPAIRING AND PAINTING PLANT WATER TOWER in the amount of $18,354 to Tenyer Coating, Inc. Motion carried on a Roll Call vote, four ayes. RESOLUTION NO. 88-201 REQUEST FOR PAYMENT NO. 4 & FINAL PLANT WATER TOWER Item 7-S-2 MOTION was made by Councilmember Ricker, seconded by Councilmem- RESOLUTION NO. 88-202 ber Sisk, to adopt RESOLUTION NO. 88-202 ACCEPTING REPORT, ORDERING PLANS & SPECS ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS STEEPLECHASE ADDITION STEEPLECHASE ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 813 PROJECT NO. 813. Item 7-T* Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- RESOLUTION NO. 88-203 ber Vasiliou, to adopt RESOLUTION NO. 88-203 DECLARING ADEQUACY ORDERING REPORT OF PETITION AND ORDERING PREPARATION OF REPORT, PROPOSED DUNKIRK DUNKIRK MEADOWS MEADOWS ADDITION, STREET AND UTILITY IMPROVEMENTS, CITY PROJECT PROJECT 817 NO. 817. Item 7-U Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Vasiliou, to adopt RESOLUTION NO. 88-204 APPROVING ENGINEER- ING SERVICES AGREEMENT, DUNKIRK MEADOWS IMPROVEMENTS, PROJECT 817. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Ricker, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 88-205 ORDERING PREPARATION OF PRELIMINARY REPORT, WEST MEDICINE LAKE DRIVE/HIGHWAY 55 FRONTAGE ROAD IMPROVEMENTS, CITY PROJECT NO. 816. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 88-206 AUTHORIZING RELOCATION CONSULTANT, CITY PROJECT NO. 648, GROVES OFFICE PARK/10TH AVENUE/SOUTH SHORE DRIVE STREET AND UTILITY IMPROVEMENTS. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 88-207 REDUCING DEVELOPMENT BOND, DEERWOOD ESTATES PLAT TWO (A-784) to $0. Motion carried on a Roll Call vote, five ayes. RESOLUTION NO. 88-204 ENGINEERING SERVICES DUNKIRK MEADOWS PROJECT 817 Item 7-U RESOLUTION NO. 88-205 ORDERING REPORT, WEST MEDICINE LAKE DRIVE FRONTAGE ROAD IMP. PROJECT 816 Item 7-V* RESOLUTION NO. 88-206 RELOCATION CONSULTANT STREET & UTILITY IMP. GROVES OFFICE PARK PROJECT 648 Item 7-W* RESOLUTION NO. 88-207 BOND REDUCTION DEERWOOD ESTATES PLAT TWO (A-784) Item 7-X-1* Regular Council Meeting March 21, 1988 Page 86 MOTION was made by Councilmember Ricker, seconded by Councilmem- RESOLUTION NO. 88-208 ber Sisk, to adopt RESOLUTION NO. 88-208 REDUCING DEVELOPMENT BOND REDUCTION BOND, DEERWOOD ESTATES PLAT THREE (A-784) to $0. DEERWOOD ESTATES PLAT THREE (A-784) Motion carried on a Roll Call vote, five ayes. Item 7-X-2* MOTION was made by Councilmember Ricker, seconded by Councilmem- RESOLUTION NO. 88-209 ber Sisk, to adopt RESOLUTION NO. 88-209 REDUCING DEVELOPMENT BOND REDUCTION BOND, DEERWOOD ESTATES PLAT FOUR (A-784) to $0. DEERWOOD ESTATES ber Zitur, to adopt RESOLUTION NO. 88-211 AUTHORIZING PLAT FOUR (A-784) Motion carried on a Roll Call vote, five ayes. Item 7-X-3* MOTION was made by Councilmember ricker, seconded by Councilmem- RESOLUTION NO. 88-210 ber Sisk, to adopt RESOLUTION NO. 88-210 REDUCING DEVELOPMENT BOND REDUCTION BOND, LAKE PARK HEIGHTS ADDITION (85089) to $11,435. LAKE PARK HEIGHTS lost, 85089) Motion carried on a Roll Call vote, five ayes. Item 7-X-4* MOTION was made by Councilmember Ricker, seconded by Councilmem- REPLACEMENT VEHICLE ber Sisk, to replace staff vehicle No. 420. UNIT 420 Item 7-Y* Motion carried, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmem- RESOLUTION NO. 88-211 ber Zitur, to adopt RESOLUTION NO. 88-211 AUTHORIZING SCHOOL AUTHORIZING USE OF DISTRICT USE OF CITY OPTISCAN VOTING EQUIPMENT amending e) to ELECTION EQUIPMENT read the school district will carry an addendum to their insur- Item 7-Z ance policy to cover the costs of any equipment that is lost, stolen, or damaged. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Ricker, seconded by Councilmem- RESOLUTION NO. 88-212 ber Sisk, to adopt RESOLUTION NO. 88-212 APPROVING APPROPRIATION PARK PROJECT TRANSFER TRANSFERS FOR PARK PROJECTS. Item 7 -AA* Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmem- RESOLUTION NO. 88-213 ber Sisk, to adopt RESOLUTION NO. 88-213 AUTHORIZING SUBMISSION APPLICATION FOR CDBG OF CITY OF PLYMOUTH GRANT APPLICATION TO HENNEPIN COUNTY FOR YEAR XIV FUNDS INCLUSION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT Item 7 -BB* BLOCK GRANT APPLICATION FOR YEAR XIV. Motion carried on a Roll Call vote, five ayes. Manager Willis described the amounts of the grants incurred by REHABILITATION GRANT people using the program and showed a map of the areas where LIMITS residents received assistance. Item 7 -CC Mayor Schneider stated he has no problem with the income limits but has some concerns with the $10,000 grant amount. That is too much for a single dwelling. The amount should remain as it is. Regular Council Meeting March 21, 1988 Page 87 MOTION was made by Mayor Schneider, seconded by Councilmember RESOLUTION NO. 88-214 Zitur, to adopt RESOLUTION NO. 88-214 ESTABLISHMENT OF HOME ESTABLISHING GRANT IMPROVEMENT GRANT PROGRAM INCOME LIMITS AND GRANT LIMITS FOR THE PROGRAM LIMITS CDBG PROGRAMS, YEARS XIII AND XIV leaving the maximum grant YEARS XIII AND XIV amount per household at $8,250. Item 7 -CC Director Tremere stated that, if the maximum amount is not raised, it is likely less items will be done under the grant because of inflation. Councilmember Vasiliou stated her idea of the program was that it would include residents who were retired or disabled. Director Tremere stated it does include these but also any others who income qualify. MOTION was made by Councilmember Ricker, to amend to raise the grant amount to $10,000. Motion failed for lack of a second. Motion carried on a Roll Call vote, four ayes. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS MOTION was made by Mayor Schneider, seconded by Councilmember Zitur, to accept the report on results of extension of City's Risk Management Program. Motion carried, four ayes. Council asked that the Manager's legislative update be put on the March 28 agenda as the first item. OTHER BUSINESS MOTION was made by Councilmember Zitur, seconded by Mayor Schneider, that staff develop a report on problems of extending Xenium Lane to Northwest Boulevard to include items of agreement with Mark McCullough and analysis of each with the cost and inconvenience of each. Motion carried, four ayes. MOTION was made by Councilmember Vasiliou, seconded by Mayor Schneider directing that a flag be flown at Parkers Lake Park or the light be shut off. Motion carried, four ayes. The meeting adjourned at 12:10 a.m. City Clerk RISK MANAGEMENT PROGRAM Item 8-A LEGISLATIVE UPDATE Item 8-B CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: March 18, 1988 TO: Mayor and City Council FROM: 3ames G. Willis, City Manager 1 C- SUBJECT LEGISLATIVE UPDATE That the Legislature is in session comes as no surprise. Neither should the fact that there are efforts afoot to continue to shift substantial revenues from the metropolitan area to outstate Minnesota. While there are numerous bills of importance being discussed in this session, it appears that the most substantial impacts will come as a result of efforts in the House and Senate Tax Committees. The current session is expected to end around April 15. The Minnesota Legislature and Governor are again seeking to "reform" the State's tax system. The concept of "tax reform" in Minnesota, is nothing more nor less than a code word for efforts to redistribute from those perceived to "have" to those perceived to "have not." The Legislature is dominated by individuals whose political philosophy is to shift tax burdens under the guise of "tax reform." The Legislators are being prodded by a whole host of interest groups; the common purpose of which is to obtain money for their program or activity from someone else's pocket. The Council may well understand that it is easy for me to get on a soap box on this issue. On March 10, representatives from 36 metropolitan cities met In Minnetonka at a meeting hosted by the Municipal Legislative Commission MLC). Twenty-three of these communities were not affiliated with the MLC, but were there to learn more about how one particular tax proposal might impact upon them. On Friday, the 11th, the Twin West Chamber held a debate" between Mayor George Latimer and Bob Renner, representing the MLC. Mayor Latimer represented the Coalition's tax proposal. He pleaded for the need to provide additional economic relief to outstate Minnesota. He was charitable enough not to acknowledge the fact that his city would gain12millionundertheproposal. What is particularly infuriating about this entire process is the fact that the average outstate residential property tax bill is around $375 per year. The average tax bill in metropolitan suburban communities is four to five times greater. A quick review of the sources of state revenues and the distribution of aids, merely illustrates who is carrying the weight of financing the government of Minnesota. LEGISLATIVE UPDATE March 18, 1988 Page 2 SOURCE OF REVENUE METRO OUTSTATE Individual Income Tax 65.7% 34.3% Corporate Income Tax 70.7% 29.3% Sales Tax 66% 34% Distribution of State Aids 45.8% 54.2% The bills currently before the Legislature dealing with tax reform would further exacerbate the differential illustrated above. There are several property tax bills being considered. The Governor's bill S.F. 2260/H.F. 2590), which is not likely to be adopted, is designed to assist in reducing the particularly heavy burden placed on commercial and Industrial properties. It would retain the homestead credit program, provide for state assumption of county welfare costs (the State now picks up 75%). This would reduce the Hennepin County mill rate by approximately 3 mills. The total cost of the Governor's proposal is approximately 150,000,000 per year. Senator Doug Johnson, Chair of the Senate Tax Committee, is also seeking to promote legislation which would cost between $50,000,000 to $100,000,000 the first year. His bill is expected to be formally introduced next week. It would put a cap on property taxes, based on a percentage of the value of the property. Homestead property, for example, would be taxed at 1% of its value, up to $70,000, and 2.75% on all values above that. The extent to which the local government's budget could not be satisfied by the taxes generated at those rates would be picked up by the State. In essence, those who are currently "big spenders" could potentially reap a windfall. Commercial/industrial tax rates would be 3% on a value less than $80,000 and 4.75% on value above $80,000. The Coalition's bill, which has been heard in both the House and Senate Tax Committee, would create the most mischief. It establishes a new state aid system, based on what is referred to as "Tax -Base Equalization Aid (TBEA)." The House Research Department has recently done some computer modeling on the effects of this new bill, using 1988 values and levies of municipalities throughout the states. The results are enlightening. Plymouth, of course, Is not a "winner." The Coalition's bill takes all the money in the State Local Government Aid, as well as homestead credit programs, adds 200,000,000 and redistributes it. The net effect on Plymouth would require a property tax increase of over $1,000,000 just to stay even. So much for property tax reform. LEGISLATIVE UPDATE March 18, 1988 Page 3 The House research analysis does provide though, a very illustrative example of the perverse nature of these types of reform efforts. State-wide, the bill would provide for $100.8 million of property tax relief. The outstate communities would receive $98.6 million, leaving a balance of $2.2 million for the seven -county area. But that's not the end of it. Minneapolis would see a tax increase of $246,000, while St. Paul would enjoy a $12.7 million decrease. The table below illustrates the effect of this "reform" on the cities of Minneapolis, St. Paul and the metropolitan community, divided into north, east, south and west areas. The west area is Hennepin County. TAX BASE EQUALIZATION AID - IMPACT ON METROPOLITAN AREA Minneapolis St. Paul North East South West (Hennepin County) Net Tax Relief 246,000 12,710,000) 508,000 6,047,000) 1,697,000) 17,030,000 It is clear to see that Hennepin County is the engine which is driving the property tax relief for the Coalition's proposal. House Tax Committee Chair Gordon Voss is expected to present his own proposal next week. It is likely that the final tax bill will be written in a Conference Committee on terms largely coming from the Senate. During the last several sessions, this has been the pattern, and I see no reason why it will change this session. In any event, I have no expectations that the suburban communities will "win" any "relief." There are other issues being considered by the Legislature which impact upon US. Fiscal Disparities. The Association of Metropolitan Municipalities is supporting a bill which would reduce, over time, the contribution for fiscal disparities from the current 40% to 30%. It would also phase in pre -1971 commercial industrial values. 1971 was a base -year for the fiscal disparities law. Currently, about 25% of all Twin Cities C/I value is pre -1971. This bill is the result of a good deal of work of a committee of the AMM, and has been supported by the AMM membership. I note that the Star Tribune has just taken an editorial position against it. The primary obstacle to passage is in the House, where St. Paul Representative Tom Osthoff is expected to keep it tied up in Committee. LEGISLATIVE UPDATE March 18, 1988 Page 4 Tax Increment Financing. As other financial tools available to cities have been curtailed, greater use of tax increment financing has been experienced. Hennepin County is concerned about the proliferation of tax Increment districts, particularly redevelopment districts which have a 25 -year life. Senator Reichtott and Representative Rest, have introduced bills which would restrict the use of redevelopment districts, provided that receipts from a school referendum levy would be paid to the school district, rather than be retained by the tax increment district, and permit the county to collect certain "administrative expenses" from the district. Worker's Compensation Reform. A bill was introduced into both the Senate and House which would have provided that a volunteer firefighter would receive Worker's Compensation benefits, based upon the "going wage paid for similar services in municipalities where such services are performed by full-time, paid firefighters." This provision, in conjunction with other provisions of the law, would provide that a firefighter could collect Worker's Compensation benefits from two employers simultaneously. This bill would have obviously increased costs to local government and, in my view, would not be sound public policy. I spoke with the authors regarding the bill. It is my understanding that the bill will be withdrawn in the House. If that is the case, it will be dead for this session. As the current legislative session now moves into high gear, I will report to the Council weekly as to what is occurring, or appears to be occurring, at the Legislature. There are two significant problems concerning Legislators this year. One is political, the other financial. First, this is an election year and all House members will be seeking re-election. Being politically accountable, they obviously want to do something to "bring home the bacon." That desire runs into the second issue which is financial. Most Legislators, particularly those in the Senate, do not believe that the Governor's revenue forcasts are realistic. He is projecting a $200,000,000 surplus for the biennium. The Senators, therefore, are not interested in increasing state spending. The Housemembers, accordingly, are not interested in increases taxes. The Housemembers would like to see some immediate "tax relief" now, in order that they can use it for their elections, but defer the cost until the next biennium. This is not acceptable to the Senators, who themselves must run then and don't want to be faced with having to pay for this session's generosity at a time when there may be a general economic downturn. LEGISLATIVE UPDATE March 18, 1988 Page 5 Simply put, the Legislature is trying to serve shrinking pie plate. There is no logical way that that will hinder them from coming up with as "tax reform." JW:kec up large pieces of pie from a it can be done, but I doubt something that is applauded P CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: March 18, 1988 TO: Mayor and City Council FROM: Dames G. Willis, City Manager i SUBJECT LEGISLATIVE UPDATE That the Legislature is in session comes as no surprise. Neither should the fact that there are efforts afoot to continue to shift substantial revenues from the metropolitan area to outstate Minnesota. While there are numerous bills of importance being discussed in this session, it appears that the most substantial impacts will come as a result of efforts in the House andSenateTaxCommittees. The current session is expected to end around April15. The Minnesota Legislature and Governor are again seeking to "reform" theState's tax system. The concept of "tax reform" in Minnesota, is nothingmorenorlessthanacodewordforeffortstoredistributefromthose perceived to "have" to those perceived to "have not." The Legislature is dominated by individuals whose political philosophy is to shift tax burdens under the guise of "tax reform." The Legislators are being prodded by awholehostofinterestgroups; the common purpose of which is to obtain money for their program or activity from someone else's pocket. The Council may well understand that it is easy for me to get on a soap boxonthisissue. On March 10, representatives from 36 metropolitan cities met in Minnetonka at a meeting hosted by the Municipal Legislative CommissionMLC). Twenty-three of these communities were not affiliated with the MLC, but were there to learn more about how one particular tax proposal mightimpactuponthem. On Friday, the 11th, the Twin West Chamber held adebate" between Mayor George Latimer and Bob Renner, representing the MLC. Mayor Latimer represented the Coalition's tax proposal. He pleaded for the need to provide additional economic relief to outstate Minnesota. He was charitable enough not to acknowledge the fact that his city would gain12millionundertheproposal. What is particularly infuriating about this entire process is the fact that the average outstate residential property tax bill is around $375 per year. The average tax bill in metropolitan suburban communities is four to five times greater. A quick review of the sources of state revenues and the distribution of aids, merely illustrates who is carrying the weight of financing the government of Minnesota. LEGISLATIVE UPDATE March 18, 1988 Page 2 SOURCE OF REVENUE Individual Income Tax Corporate Income Tax Sales Tax Distribution of State Aids IiLafall OUTSTATE 65.7% 34.3% 70.7% 29.3% 66% 34% 45.8% 54.2% The bills currently before the Legislature dealing with tax reform would further exacerbate the differential illustrated above. There are several property tax bills being considered. The Governor's bill S.F. 2260/H.F. 2590), which is not likely to be adopted, is designed to assist in reducing the particularly heavy burden placed on commercial and industrial properties. It would retain the homestead credit program, provide for state assumption of county welfare costs (the State now picks up 75%). This would reduce the Hennepin County mill rate by approximately 3 mills. The total cost of the Governor's proposal is approximately 150,000,000 per year. Senator Doug Johnson, Chair of the Senate Tax Committee, is also seeking to promote legislation which would cost between $50,000,000 to $100,000,000 the first year. His bill is expected to be formally introduced next week. It would put a cap on property taxes, based on a percentage of the value of the property. Homestead property, for example, would be taxed at 1% of its value, up to $70,000, and 2.75% on all values above that. The extent to which the local government's budget could not be satisfied by the taxes generated at those rates would be picked up by the State. In essence, those who are currently "big spenders" could potentially reap a windfall. Commercial/industrial tax rates would be 3% on a value less than $80,000 and 4.75% on value above $80,000. The Coalition's bill, which has been heard in both the House and Senate Tax Committee, would create the most mischief. It establishes a new state aid system, based on what is referred to as "Tax -Base Equalization Aid (TBEA)." The House Research Department has recently done some computer modeling on the effects of this new bill, using 1988 values and levies of municipalities throughout the states. The results are enlightening. Plymouth, of course, is not a "winner." The Coalition's bill takes all the money in the State Local Government Aid, as well as homestead credit programs, adds 200,000,000 and redistributes it. The net effect on Plymouth would require a property tax increase of over $1,000,000 Just to stay even. So much for property tax reform. LEGISLATIVE UPDATE March 18, 1988 Page 2 SOURCE OF REVENUE Individual Income Tax Corporate Income Tax Sales Tax Distribution of State Aids METRO OUTSTATE 65.7% 34.3% 70.7% 29.3% 66% 34% 45.8% 54.2% The bills currently before the Legislature dealing with tax reform would further exacerbate the differential illustrated above. There are several property tax bills being considered. The Governor's bill S.F. 2260/H.F. 2590), which is not likely to be adopted, is designed to assist in reducing the particularly heavy burden placed on commercial and industrial properties. It would retain the homestead credit program, provide for state assumption of county welfare costs (the State now picks up 75%). This would reduce the Hennepin County mill rate by approximately 3 mills. The total cost of the Governor's proposal is approximately 150,000,000 per year. Senator Doug Johnson, Chair of the Senate Tax Committee, is also seeking to promote legislation which would cost between $50,000,000 to $100,000,000 the first year. His bill is expected to be formally introduced next week. It would put a cap on property taxes, based on a percentage of the value of the property. Homestead property, for example, would be taxed at 1% of its value, up' to $70,000, and 2.75% on all values above that. The extent to which the local government's budget could not be satisfied by the taxes generated at those rates would be picked up by the State. In essence, those who are currently "big spenders" could potentially reap a windfall. Commercial/industrial tax rates would be 3% on a value less than $80,000 and 4.75% on value above $80,000. The Coalition's bill, which has been heard in both the House and Senate Tax Committee, would create the most mischief. It establishes a new state aid system, based on what is referred to as "Tax -Base Equalization Aid (TBEA)." The House Research Department has recently done some computer modeling on the effects of this new bill, using 1988 values and levies of municipalities throughout the states. The results are enlightening. Plymouth, of course, is not a "winner." The Coalition's bill takes all the money in the State Local Government Aid, as well as homestead credit programs, adds 200,000,000 and redistributes it. The net effect on Plymouth would require a property tax increase of over $1,000,000 just to stay even. So much for property tax reform. LEGISLATIVE UPDATE March 18, 1988 Page 3 The House research analysis does provide though, a very illustrative example of the perverse nature of these types of reform efforts. State-wide, the bill would provide for $100.8 million of property tax relief. The outstate communities would receive $98.6 million, leaving a balance of $2.2 million for the seven -county area. But that's not the end of it. Minneapolis would see a tax increase of $246,000, while St. Paul would enjoy a $12.7 million decrease. The table below illustrates the effect of this "reform" on the cities of Minneapolis, St. Paul and the metropolitan community, divided into north, east, south and west areas. The west area is Hennepin County. TAX BASE EQUALIZATION AID - IMPACT ON METROPOLITAN AREA Minneapolis St. Paul North East South West (Hennepin County) Net Tax Relief 246,000 12,710,000) 508,000 6,047,000) 1,697,000) 17,030,000 It is clear to see that Hennepin County is the engine which is driving the property tax relief for the Coalition's proposal. House Tax Committee Chair Gordon Voss is expected to present his own proposal next week. It is likely that the final tax bill will be written in a Conference Committee on terms largely coming from the Senate. During the last several sessions, this has been the pattern, and I see no reason why it will change this session. In any event, I have no expectations that the suburban communities will "win" any "relief." There are other issues being considered by the Legislature which impact upon US. Fiscal Disparities. The Association of Metropolitan Municipalities is supporting a bill which would reduce, over time, the contribution for fiscal disparities from the current 40% to 30%. It would also phase in pre -1971 commercial industrial values. 1971 was a base -year for the fiscal disparities law. Currently, about 25% of all Twin Cities C/I value is pre -1971. This bill is the result of a good deal of work of a committee of the AMM, and has been supported by the AMM membership. I note that the Star Tribune has just taken an editorial position against it. The primary obstacle to passage is in the House, where St. Paul Representative Tom Osthoff is expected to keep it tied up in Committee. LEGISLATIVE UPDATE March 18, 1988 Page 4 Tax Increment Financing. As other financial tools available to cities have been curtailed, greater use of tax increment financing has been experienced. Hennepin County is concerned about the proliferation of tax increment districts, particularly redevelopment districts which have a 25 -year life. Senator Reichtott and Representative Rest, have introduced bills which would restrict the use of redevelopment districts, provided that receipts from a school referendum levy would be paid to the school district, rather than be retained by the tax increment district, and permit the county to collect certain "administrative expenses" from the district. Worker's Compensation Reform. A bill was introduced into both the Senate and House which would have provided that a volunteer firefighter would receive Worker's Compensation benefits, based upon the "going wage paid for similar services in municipalities where such services are performed by full-time, paid firefighters." This provision, in conjunction with other provisions of the law, would provide that a firefighter could collect Worker's Compensation benefits from two employers simultaneously. This bill would have obviously increased costs to local government and, in my view, would not be sound public policy. I spoke with the authors regarding the bill. It is my understanding that the bill will be withdrawn in the House. If that is the case, it will be dead for this session. As the current legislative session now moves into high gear, I will report to the Council weekly as to what is occurring, or appears to be occurring, at the Legislature. There are two significant problems concerning Legislators this year. One is political, the other financial. First, this is an election year and all House members will be seeking re-election. Being politically accountable, they obviously want to do something to "bring home the bacon." That desire runs into the second issue which is financial. Most Legislators, particularly those in the Senate, do not believe that the Governor's revenue forcasts are realistic. He is projecting a $200,000,000 surplus for the biennium. The Senators, therefore, are not interested in increasing state spending. The Housemembers, accordingly, are not interested in increases taxes. The Housemembers would like to see some immediate "tax relief" now, in order that they can use it for their elections, but defer the cost until the next biennium. This is not acceptable to the Senators, who themselves must run then and don't want to be faced with having to pay for this session's generosity at a time when there may be a general economic downturn. LEGISLATIVE UPDATE March 18, 1988 Page 4 Tax Increment Financing. As other financial tools available to cities have been curtailed, greater use of tax increment financing has been experienced. Hennepin County is concerned about the proliferation of tax increment districts, particularly redevelopment districts which have a 25 -year life. Senator Reichtott and Representative Rest, have introduced bills which would restrict the use of redevelopment districts, provided that receipts from a school referendum levy would be paid to the school district, rather than be retained by the tax increment district, and permit the county to collect certain "administrative expenses" from the district. Worker's Compensation Reform. A bill was introduced into both the Senate and House which would have provided that a volunteer firefighter would receive Worker's Compensation benefits, based upon the "going wage paid for similar services in municipalities where such services are performed by full-time, paid firefighters." This provision, in conjunction with other provisions of the law, would provide that a firefighter could collect Worker's Compensation benefits from two employers simultaneously. This bill would have obviously increased costs to local government and, in my view, would not be sound public policy. I spoke with the authors regarding the bill. It is my understanding that the bill will be withdrawn in the House. If that is the case, it will be dead for this session. As the current legislative session now moves into high gear, I will report to the Council weekly as to what is occurring, or appears to be occurring, at the Legislature. There are two significant problems concerning Legislators this year. One is political, the other financial. First, this is an election year and all House members will be seeking re-election. Being politically accountable, they obviously want to do something to "bring home the bacon." That desire runs into the second issue which is financial. Most Legislators, particularly those in the Senate, do not believe that the Governor's revenue forcasts are realistic. He is projecting a $200,000,000 surplus for the biennium. The Senators, therefore, are not interested in increasing state spending. The Housemembers, accordingly, are not interested in increases taxes. The Housemembers would like to see some immediate "tax relief" now, in order that they can use it for their elections, but defer the cost until the next biennium. This is not acceptable to the Senators, who themselves must run then and don't want to be faced with having to pay for this session's generosity at a time when there may be a general economic downturn. LEGISLATIVE UPDATE March 18, 1988 Page 5 Simply put, the Legislature is trying to serve up large pieces of pie from a shrinking pie plate. There is no logical way it can be done, but I doubt that that will hinder them from coming up with something that is applauded as "tax reform." OW:kec w A MEMO CITY OF PLYMOUTH 3400 PLYMXM BOULEVARD, PLYNDUTH, MINNESOTA 55447 DATE: March 23, 1988 for City Council Meeting March 28, 1988 TO: James G. Willis, City Manager FROM: Dale E. Hahn, Finance Director hk4— SUBJECT: ANARD OF PROPERTY AND LIABILITY INSURANCE ACTION REQUESTED: The City has received one proposal for property and liability insurance. This proposal is from the League of Minnesota Cities Insurance Trust (LICIT), our existing carrier. The LMT is the only company that would provide quotations with the large deductible amounts we requested. Our experience with the League's program over the last 12 months has been very positive and I recommend City Council award the contract for the 1988/1989 property and liability coverages to the LMT. BACKGROUND: The realities of the disappearing insurance market place have become more predominant as the City of Plymouth continues to increase its retention levels. This is evidenced by the fact that only one insurance company would provide a quotation for the 1988/1989 insurance coverages. The City's insurance agent, Don Kuplic, has surveyed the market place for potential insurance carriers. Since the City of Plymouth has cleaned the gravy out of the insurance premium by assuming higher deductible levels each year, this has left the LINT program as the only available avenue for coverage. The LMT currently insures most Minnesota cities. To date, the City's decision to assume the higher retention levels has proven to be a sound financial decision as shown in my March 21 meeting memo. PRIMARY ISSUES AND ANALYSIS: Under the current policy our deductibles for property, police, and public officials liability coverage is $25,000 per occurrence and $100,000 annual aggregate. We requested quotations for 1988 at the exiting deductible levels as well as $50,000/$100,000, $50,000/$200,000 and $100,000/$300,000. Based upon the quotations received, it appears that the best buy for the City would be to double rather than triple these amounts in the liability area. For property coverages, very little savings in premium would be experienced by the doubling or tripling of these deductible amounts. Shown below is a comparison of our present policy compared to the proposed policy with the same deductible levels: PREMIUM SUMMARY WITH SAME DEDUCTIBLE LEVELS Present Proposed Policy Policy 1. Property Buildings and Contents per schedule 29,840 28,866 Extra Expense Included Included Lift Stations Included Included Valuable Papers and Records Included Included 2. Boiler and Machinery (Hartford Ins.) 7,185 7,185 3. Inland Marine Floaters 9,920 6,532 Contractors Equipment Miscellaneous Equipment Miscellaneous Property Equipment on Fire Trucks Voting Machines Equipment at Athletic Fields 4. Public Officials Bond 2,063 2,163 5. Crime 1,061 965 Employee Dishonesty Included Included Money and Securities Included Included Depositors Forgery Included Included Counterfeit Currency Included Included 6. General and Police Professional Liability 70,265 78,511 7. Automobile 23,208 25,463 8. Electronic Data Processing Policy 1,559 2,390 9. Public Officials Liability 7,517 11,158 TOTAL S 156.615 I-163,233 The total premium cost for our present policy is $156,615. The largest increases in premium as shown are in general liability and public officials liability. These premiums would be reduced substantially by increasing the deductible amounts as shown below in options 1, 2, and 3. I believe the best option is number 2 which would provide a premium savings of $30,846. This reduction would be in the areas of liability coverages as shown under the options. By going to option number 3, there is an additional $5,000 in premium savings, but the City's exposure increases dramatically. Present Deductibles per occurrence/ annual aggregate $25,000/ 100,000 Savings -0- tion Option 2 Option 50,000/ $50,000/ $100,000/ 100,000 $200,000 $300,000 14,593 $ 30,846 $ 35,692 Applies to General Liability, Public Officials, Automobile and Police Professional coverages only. I have attached a letter from Don Kuplic highlighting some of the policy enhancements and coverage changes (Exhibit 1). Of particular interest is item number two, which states that as long as the City remains with the LMCIT, no retroactive (tail) policy will need to be purchased for continued coverage. This means, that any claims made against the City after our present policy year end, would still be covered under the League's policy. RECOMMENDATIONS AND CONCLUSIONS: If the City were to continue the insurance coverage at its current level, the premium would go from the present $156,615 to $163,233. Premium savings of $30,846 would be realized by exercising option number 2. Option number 2 would increase our individual claim deductible from $25,000 to $50,000 and increase the annual combined aggregate from $100,000 to $200,000. I believe the $30,846 in additional premium savings is another step toward self-insurance. The savings resulting from options 1 and 3 compared to the additional exposure do not appear financially prudent. I am therefore recommending City Council award the contract for the 1988/1989 insurance coverages to the League of Minnesota Cities Insurance Trust exercising Option 2 at a cost not to exceed $132,387 by adoption of the attached resolution. As claims are made within these retention levels, I will reimburse the LMCIT in accordance with this policy. EXHIBIT 1 KRAUS -ANDERSON UNSURANCE 1935 W. BURNSVILLE PARKWAY • BURNSVILLE, MN 55337 • (612) 890-0414 ANNUAL EXTENSION OF INSURANCE FOR CITY OF PLYMOUTH 3400 Plymouth Blvd. Plymouth, Minnesota 55441 Coverages PROPERTY BOILER & MACHINERY INLAND MARINE FLOATERS COMMERCIAL GENERAL LIABILITY COMMERCIAL AUTOMOBILE ELECTRONIC DATA PROCESSING POLICY CRIME PUBLIC OFFICIALS LIABILITY POLICE PROFESSIONAL LIABILITY Presented By Donald Kuplic, CPCU, CLU, ARM, CIC KRAUS-ANDERSON INSURANCE March, 1988 KRAUS -ANDERSON INSURANCE 1935 W. BURNSVILLE PARKWAY • BURNSVILLE, MN 55337 • (612) 890-0414 March 21, 1988 Mr. Dale Hahn, Finance Director CITY OF PLYMOUTH 3400 Plymouth Boulevard Plymouth, Minnesota 55447 RE: Annual Extension of Property, Casualty And Crime Insurance Dear Dale: Last year's insurance premium to the League of Minnesota Cities included a reserve assessment fee of $13,710. The League deter- mined in October 1987 that their reserves were adequate and therefore they returned the reserve assessments. In addition, a dividend was also paid in December 1937 to all municipalities that were members of the Insurance Trust for two years or longer. A memo from the League dated October 29, 1987 is included that more completely explains the dividend. The League has made a number of enhancements to the policy which provide improved and broader coverages. 1. The aggregate policy limit (except for Products Liability and Medical Payments) has been eliminated. This means that the General Liability, Automobile Liability, Public Officials Liabil- ity, and the Police Protective Liability now have a limit of 600,000 PER CLAIM rather than an annual policy maximum of 600,000. This is a tremendous policy enhancement. 2. The retroactive date which initiates policy coverage for a claim will remain April 1, 1987. This means that the policy is now an occurrence form policy for all liability coverages while the policy remains in force with the League. All previous Liabil- ity Policies through March 31, 1987, with the exception of the Public Officials Policy, were occurrence form policies. When the Public Officials Policy was terminated March 31, 1987, a two year Extended Reporting Period was purchased from the insurance company, National Casualty Insurance. This provides Public Official Liabil- ity coverage for any incident that occurred during policy year 1987 and for which a law suit may not be brought before March 31, 1989. The current League of Minnesota policy began covering incidents that occurred after April 1, 198.7. 3. The General Liability and Automobile Fellow Employee exclusion has been removed. Page 2 Mr. Dale Hahn CITY OF PLYMOUTH March 21, 1988 4. Reasonable Force Coverage and Assault or Battery committed for the purpose of protecting persons or property incidental to an arrest have been broadened. 5. The Errors and Omissions coverage of both the Public Officials and Police Protective coverages have been broadened to now include Bodily Injury, Property Damage and Personal Injury. 6. Under the Automobile Liability, coverage has been specifi- cally provided with respect to fire fighters' use of any automobile while being used in the performance of a fire fighter's official duties. A number of other coverages have been broadened and these are described on the enclosed form entitled LMCIT NEW COVERAGE SUMMARY. Enclosed is a quotation from the League of Minnesota Cities Insurance Trust for the annual extension of the Property, Casualty, Errors and Omissions and the Crime Insurance. In addition, there are quotations for the Boiler and Electronic Data Processing insurance. In keeping with your desire for increased self insurance, many items that were previously insured under the Inland Marine Floater have been eliminated. These are the property in the police cars, radars, portable breath testing units, gun floater, bullet proof vests, hostage phone and Hurst -forceable entry tools. The major high valued items such as the City's equipment, removable equipment on the fire trucks and the athletic fields have been included in the insurance. The total value of real and personal property has increased from 14,610,017 to $16,576,917, an increase of $1,966,900. The current property deductible is $5,000 each occurrence with an annual aggre- gate deductible of $30,000. If the annual aggregate deductible of 30,000 is exceeded then there will be a per loss deductible of 1,000. Property included for this per occurrence and annual aggregate deductible is: Real and Personal Property, Inland Marine, Auto Physical Damage and Crime. There is no significant savings in increasing the property deduct- ible, therefore, only premiums for the above deductible are quoted. The current General Liability, Automobile Liability, Errors and Omissions (Public Officials Liability and Police Professional Liability) Policy has a $25,000 per occurrence and an annual aggregate deductible of $100,000. Again, if the annual aggregate deductible of $100,000 is exceeded a $1,000 per loss deductible will apply. Page 3 Mr. Dale Hahn CITY OF PLYMOUTH March 21, 1988 Substantial savings in insurance premiums can be realized by increasing the each occurrence and annual aggregate deductible. The savings would result as follows: DEDUCTIBLE PER ANNUAL OCCURRENCE AGGREGATE 50,000 50,000 100,000 100,000 200,000 300,000 SAVINGS 14,593 30,846 35,692 Of the three choices, I would recommend the $50,000 per occur- rence, $200,000 annual aggregate for a savings of $30,846. The additional savings of $4,846 to add $50,000 to the per occurrence deductible and $100,000 to the annual aggregate is not an adequate savings for the additional exposure. The premium for the General Liability, Automobile Liability, and Errors and Omissions Liability insurance with a $25,000 per occurrence and an annual aggregate deductible of $100,000 is 111,396. This premium will be reduced to $80,550 by using the 50,000 per occurrence, $200,000 Annual Aggregate deductible. The concept of insurance coverages provided by this plan is as follows: 1. Property Insurance: All Real Property, Contractors Equipment,Vehicles and Crime Insurance: Extremely high property values insared for a proportionately very low premium. The maximum deductible is utilized that produces the maximum premium reduction. In addition, the total loss exposure is insured after the deductible. 2. General Liability, Automobile Liability, Public Officials and Police Protective Insurance. The insurance plan calls for a high per loss deductible 50,000) and a high annual deductible ($200,000). This is then followed by a Liability Limit of Insurance of $600,000 per Occurrence (the current statutory limit.) There is NO ANNUAL AGGREGATE EXCEPT FOR PRODUCTS LIABILITY. 3. The current reserve fund should be maintained or increased to provide for any large catastrophie liability claim. The current state late limits only claims that may arise out of Bodily Injury. The law does not apply to the Federal Government Section 83 type claims (DEPREVATION OF RIGHTS). Page 4 Mr. Dale Hahn CITY OF PLYMOUTH March 21, 1988 Therefore, the reserve fund would guarantee that funds will be available for two types of Catastrophic losses. 1. Federal Government Section 83 type claims. 2. Any losses for Bodily Injury or Property Damage where the current state law regarding a municipality's limit of $600,000 per claim might be overturned. The current state law has never been tested in a court case. The Boiler, Electronic Data Processing Equipment Crime and Bond Coverage all provide excellent coverage at very reasonable premiums. Please advise me of any additional data you may need. V r truly yours, Donald L. Kuplic, CPCU, CLU, ARM, CIC DLK:mf Enclosures CITY OF PLYMDUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the of , 1988. The following members were present: day The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - AWARDING THE CONTRACT FOR INSURANCE FOR THE 1988/1989 INSURANCE PROGRAM WHEREAS, effective at 12:00 Midnight on March 31, 1988, all current insurance policies will expire; and WHEREAS, the City has previously solicited quotations for the necessary insurance coverages; and WHEREAS, the City received a quotation from the League of Minnesota Cities Insurance Trust and Kraus -Anderson Insurance at a cost of $132,387 for the coverages and limitations set forth in the Finance Director's memo dated March 23, 1988; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYNOUTH, that the City Council award the contract for all insurance coverages as indicated in the Finance Director's memo, to the League of Minnesota Cities Insurance Trust and Kraus -Anderson Insurance at a cost of $132,387. 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. 3 MEMO CITY OF PLYMOUTH 3400 PLYNOLMi BOULEVARD, PLYmOuTH, MINNESOTA 55447 DATE: Friday, March 25, 1988 for the City Council meeting March 28, 1988 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 - MetroWest General Fund $ 996,697.08 Construction Fund $ 622,353.76 Utilities Fund $ 263,567.99 Housing & Redevelopment Authority $ 49,417.65 GRAND TOTAL FOR ALL FUNDS $1,932,036.48 Above totals are for the period ending February 29, 1988. Dale E. Hahn I HEREBY APPROVE THE ATTACHED LISTING OF DISBURSEMEN'T'S AND RECOMMEND SAME FOR PAYMENT. James G. 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Gc9£0a IHyv zF. .. r I K i LU 1-.. co co tD 00 m m w In m m mm ro 11 mro no d 00 a0 co wnOW aO mro.,D CID aq :xl Go m.D m In In In In In In •n In In In In In In In In In ut Y', N N N N N N N N N N N N N N N N N W I V N N N N N N N N N ri ri N N N N N p x j O O p 0 0 0 0 0 0 0 U U 0 U 0 0 0 u'n rtm N II O 1 K I I II W mFID F O a In E O O O O O o 0 0 0 0 0 0 0 0 n n 0 F j M d O O Q O O O U O O U O O U [7 J t9 f.l W y Y O n M n e A N O a) O ng ('O P M OL J 2 K V 000 m M O P In In P O l jn MMP 4 0 W CO M P N M N P cc) d N M M P r- M N D H Y S NMM•-N fv 1R r -d IA r"to. .4"4 p O aa`u u wlnw ww ww w w r N W 1 •• O x Y. d V I N i 00 F- I i I D N b I W LI, I O, NN1d In SOP 10T OW NK1 J In .OnT 0 z j N fV r4 N N (%j I'm M l+t M N 1 M M M M M fn J td JJ It IT d 1d ItIt-4 dd.t M e-r--- •--- -- - v F u W W xU Wu U) oI Q 0 0 U.1 KY V W O Z z V IM1 M MM M M M M I+1 M rn M M M f 1 Pn M Y O U O O O O O O O O O O D U a O O I Z r a I m 0a W CITY OF PLYMDUTH Pursuant to due call and notice thereof, a meeting of City Council of the City of Plymouth, Minnesota was held on the day of , 1988. The following members were present:_ The following members were absent: its adoption: the introduced the following Resolution and moved h_ie• • :: APPROVING DISBURSEb'IENTS FOR THE PERIOD ENDING FEBRUARY 29, 1988 WHEREAS, A list of disbursements for the period ending February 29, 1988 was presented to the City council for approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYNiWM, MINNESOTA, that the payment of the list of disbursements of the following funds is approved: Norwest Bank - b4etroWest General Fund $ 996,697.08 Construction Fund $ 622,353.76 Utilities Fund $ 263,567.99 Housing & Redevelopment Authority $ 49,417.65 GRAND TOTAL FOR ALL FUNDS $1,932,036.48 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. MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: March 24, 1988 For City Council Meeting of March 28, 1988 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: PUBLIC IMPROVEMENT PROJECT STATUS REPORT Attached herewith is the following information with regard to the current public improvement projects: 1. Approve Payments - February 2, 1988 to March 28, 1988 2. Bonestroo, Rosene, Anderlik and Associates, Inc., Zachary Lane Water Treatment Plant Report. 3. Bonestroo, Rosene, Anderlik and Associates, Inc., Project Status Report. 4. Short -Elliott -Hendrickson, Inc., Project Status Report. The contractor will have the new water treatment plant building completely enclosed by the end of this month. A great deal of progress has been made during the last month and the contractor is still stating that he will have the plant in operation by June 15. This will require a concerted effort on their part but they are stating they are prepared to do this as equipment arrives and can be installed. Our consulting engineer is closely monitoring the progress of the contractor. The contractor on Wells 8 and 9 has run into a delivery problem with the pumps for each of the wells. The contractor has been informed that he must meet the April completion date and therefore, install a temporary pump similar to that used by the City last year. The contractor is making arrangements for the temporary pump. I have requested the engineer to arrange a meeting on Monday, March 28 in order that I can get more information on the completion of Wells 8 and 9. Fred G. Moore, P.E. FGM:kh attachments: Approve Payments List Reports PUBLIC IMPROVEMENT PROJECTS APPROVE PAYMENTS FROM 2-22-88 TO 3-28-88 REPORT NO. 37 PAYMENT DATE DATE OF NO. RECD CONTRACTOR PROJECT APPROVAL AMOUNT 8 3/3/88 Bury & Carlson, Inc. S.J. Groves Office Park 3/8/88 4,590.12 Area (Proj. 648) 4 3/8/88 NewMech Companies, Inc. Deep Wells 8 & 9 3/14/88 47,129.50 Pumping Facility Proj. 625) 9 3/16/88 Shaw -Lundquist Assoc., Inc. Zachary Ln./Water 3/16/88 416,432.50 Treatment Facility Proj. 431) CONSTRUCTION PROGRESS REPORT Zachary Lane WTF Plymouth, MN Project No. 431 March 23, 1988 Work Completed: The majority of the work this month was concentrated on com- pleting the building envelope, with the intention that it would be totally enclosed by the first of April. Two day's work was lost when the beams and columns that had been erected on the west side of the filters were knocked over by heavy winds. These were re -erected and the filter walls have been completed. The precast plank has now been set and the lower two roof levels have the insulation and roof membrane installed. Masonry parapet walls are being constructed around the filter area and the skylights. The major interior concrete items have been completed, including the filter gullet walls, the floor slabs and stairs, and the Splitter Box and Effluent Weir walls. The remaining minor concrete items include floor toppings, pipe supports, equipment bases, etc. Mechanical work completed includes the installation of the filter influent piping, the P.D. blower piping, and the back- wash sludge and recycle piping. The General Filter center columns, walkway bridges, and distributor boxes are in place, and the filter wash troughs and air headers are in the filter tanks, but are not installed. The large items remaining in- clude constructing the filter plenum floors, assembling the high service pumps and welding together the 30" finished water line. The electrical contractor has installed gear and small transformers, terminated transformer to the switchgear, and run much of the Main Level. Schedule: the primary switch - wiring from the main electrical conduit to The construction of the building envelope is on schedule and should be enclosed and have the roof membrane on by the end of this month. However, a large portion of the work involves control wiring, filter preparation, start-up, and system de- bugging. The contractor insists these can be accommodated by supplying man -power, which they are prepared to do. We are monitoring this closely. i Other: The Plymouth Fire Inspector stopped at the site on March 15, on a routine call, and cited the contractor with violations for having propane cylinders inside the structure and for not having a properly improved access road to the building. The cylinders were removed immediately. Shaw -Lundquist, however, will not improve the access road to the building since they already are responsible for any damages to the building by fire, and have chosen to assume the added risk. Phil Caswell Bonestroo, Rosene, Anderlik, & Assoc. March 23, 1988 City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Attn: Mr. Fred G. Moore Director of Public Works Re: Project Status Report Our File No. 70 Dear Fred: Listed below is the project status of current projects: PROJECT 544 - FERNBROOK LANE - ANDERSON BROS: Final meeting was held to review quantities with Contractor. Final estimate being prepared and will be transmitted to contractor for their signature week of March 21st. Anticipate project to be finaled in April 1988. PROJECT 431 - ZACHARY LANE W.T.F. - SHAW-LUNDQUIST ASSOC: All of the building exterior walls have been constructed and the precast roof planks have been set. The roof insulation and the roofing membrane have been installed on the lower roof. The major filter equipment items, such as the center columns, distributor boxes, and walkway bridges are in place. The high service pumps have been delivered but have not yet been installed and the process piping has approximately 1OZ remaining. There should be no problem in getting the building fully enclosed by the end of the month. It has been stressed time and again that much of the time-consuming work that isn't obvious remains after getting the building completed. The contractors are aware of this and say they are planning accordingly. Page 1. oil 2335 West Highway 36 • St. Paul, Minnesota 55113 9 612-636-4600 Otto G. Bonestroo, P.E. Keith A, Gordon, P.E. Thomas W. Peterson, PE. Charles A. Erickson Bonestroo Robert Rosene, RE. Joseph \C. Ande lik, P.E. Richard W. Foster, RE Donald C. Burgard, P.E Michael . Lynch, RE. amesR CMaland, P.E. Leo M. Pawelsky Harlan M. Olson Rosene Bradford A. Lemberg, P.E. Richard E. Turner, PE Jerry A. Bourdon, PE Mark A. Hanson, P.E. Kenneth P Anderson, P.E. Keith A. Bachmann, P.E. Susan M. Eberlin Mark A. Seip Anderlik & James C. Olson, PE. Glenn R. Cook, P.E. Ted K Field, P.E. Michael T. Rautmann, P.E. Mark R. Rolls, P.E. Robert C. Russek, A.I.A. Thomas E. Noyes, P.E. Robert R. Pfefferle, PE. Thomas E. Angus, P.E. Associates Robert G Schunicht, PE David O. Loskota, P.E Howard A. Sanford, P.E. Marvin L. Sorvala, P.E. Engineers & Architects March 23, 1988 City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Attn: Mr. Fred G. Moore Director of Public Works Re: Project Status Report Our File No. 70 Dear Fred: Listed below is the project status of current projects: PROJECT 544 - FERNBROOK LANE - ANDERSON BROS: Final meeting was held to review quantities with Contractor. Final estimate being prepared and will be transmitted to contractor for their signature week of March 21st. Anticipate project to be finaled in April 1988. PROJECT 431 - ZACHARY LANE W.T.F. - SHAW-LUNDQUIST ASSOC: All of the building exterior walls have been constructed and the precast roof planks have been set. The roof insulation and the roofing membrane have been installed on the lower roof. The major filter equipment items, such as the center columns, distributor boxes, and walkway bridges are in place. The high service pumps have been delivered but have not yet been installed and the process piping has approximately 1OZ remaining. There should be no problem in getting the building fully enclosed by the end of the month. It has been stressed time and again that much of the time-consuming work that isn't obvious remains after getting the building completed. The contractors are aware of this and say they are planning accordingly. Page 1. oil 2335 West Highway 36 • St. Paul, Minnesota 55113 9 612-636-4600 City of Plymouth Mr. Fred G. Moore Plymouth, MN March 23, 1988 PROJECT 625 - DEEP WELLS NO. 8 & 9 - NEWMECH COMPANIES: New control panels have been delivered and installed in the pumphouses. Pumphouse No. 8 now has power and lights and the piping is nearly complete. Everything is on schedule for completion in April but one thing -- the pumps cannot be delivered until well into April. This will delay the completion, but a temporary pump can easily be provided at Well No. 8 to supply needed water until the permanent pumps can be delivered and installed. PROJECT 908 - 001 - PIKE LAKE INTERCEPTOR SEWER, PHASE II - S.J. LOUIS: Reinspection was made within the past two weeks. Correction "punch list" items sent to Contractor March 21, 1988. PROJECT 702 - 1987 UTILITIES - BERG 2ND ADDITION - C.S. MC CROSSAN: All utility work completed and accepted. Small amount of sod and seed restoration to be completed in the Spring of 1988 under the CSAH #9 project. No work completed on this project the past month. 1987 STREET IMPROVEMENTS - BUFFALO BITUMINOUS: Contractor to repair one (1) broken gate valve box top then the project can be finalized. No work completed on this project the past month. Repair work to be completed in early spring. PROJECT 011 - 001/630 BASS LAKE PLAZA/HARRISON HILL UTILITY IMPROVEMENTS - S.J. LOUIS: Contractor started work on February 22. Sanitary sewer along CSAH 110 completed. Lift station manhole installed. Contractor testing sewer line north of 56th Ave. so they can be accepted and allow the automobile dealer to connect to sewer. PROJECT 517 - REVERE LANE/TRENTON PLACE 2ND ADDITION: Contract behind schedule as several problems have occurred which were caused by the development activity. Please refer to the letter sent to Dan Campbell dated December 21, 1987 for further explanation. No work has taken place this past month. Page 2. O1 City of Plymouth Mr. Fred G. Moore Plymouth, MN March 23, 1988 PROJECT 720 - FERNBROOK WOOD - UTILITY & STREET IMPROVEMENTS - CECA UTILITIES: Project awarded to Ceca Utilities. Preconstruction meeting held March 22. Contractor to start work April 4 weather permitting. Project completion date is July 1, 1988. Yours very truly, BONE ROO, ROSEN ANDERLIK & ASSOCIATES, INC. Harlan M. Olson HMO:ci Page 3. O1 jgESEN ENGINEERS ARCHITECTS PLANNERS 222 EAST LITTLE CANADA ROAD, ST PAUL, MINNESOTA 55777 672 484-0272 MEMORANDUM TO: FRED MOORE, DIRECTOR OF PUBLIC WORKS CITY OF PLYMOUTH FROM: DAVE PILLATZKE DATE: MARCH 14, 1988 SUBJECT: PROJECT STATUS REPORT PLYMOUTH, MINNESOTA SEH FILES: 86089, 87131 & 88048 Gleason Lake Drive (CR15-Trail), Proiect 602 The construction has been completed and the contractor has applied for final payment. Payment is recommended contingent upon the contractor's submittal of lien waivers and Certification of State Tax Withholding. T.H. 101 and Fernbrook Lane Trails, Project 724 Construction has been completed with the exception of minor cleanup items. These items will be completed this spring. 1988 Street Improvements, Project 801 City to determine amount of assessment feasible before public hearing can be set. Attempt will be made to reach a decision and try to hold public hearing about the middle of April. DJP/cjc SHORT ELLIOTT ST PAUL, CHIPPEWA FALLS, HENDRICKSON INC. MINNESOTA WISCONSIN 83 DATE: TO: FROM: SUBJECT CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO March 24, 1988 for City Council meeting of March 28, 1988 dames G. Willis, City Manager Frank Boyles, Assistant City Manager 1988 NEIGHBORHOOD CLEAN-UP PROGRAM ACTION REQUESTED: Adoption of the attached resolution declaring the month of May as "Spring Clean -Up, Fix -Up, Paint -Up and Planting Month in Plymouth." BACKGROUND: For the past ten years the City has sponsored a Neighborhood Clean -Up Program in cooperation with Plymouth neighborhood associations. The purpose of the program is to enhance community attractiveness by encouraging residents to pick up refuse accumulations which naturally occur over the winter months. The focus of the program is the clean up of vacant lots, city property of public rights-of-way. The program is not designed as a basement clean-out effort. Under the program guidelines, the City provides one 20 -yard dumpster if homeowner associations and neighborhood groups, representing a minimum of 25 households, agrees to provide the manpower, know-how and dumpster location for completion of the program. Any additional dumpsters desired by an association may be acquired through the City at the homeowner association's expense. Attached are copies of the various letters and press releases used in association with the program, together with the information packet and application form which homeowner associations use to arrange for a dumpster. According to the Community Service Officers who administer the program, last year's effort involved 13 homeowner associations conducting clean-up efforts during April and May last year. Problems associated with the 1987 program were minimal, and homeowner associations did a reasonable job of cleaning up around the dumpster locations. There were no instances where the Community Service Officers found a basis for disqualifying a homeowners association either because primary emphasis seemed to be on basement clean-out or for failure to follow other aspects of the program guidelines. RECONNENDATION AND CONCLUSION: It is recommended that the City Council adopt the attached proclamation declaring May 1988 as "Spring Clean -Up, Fix -Up, Paint -Up and Planting Month in Plymouth." attachments CITY O' NymbUTH P R O C L A M A T I O N SPRING CLEAN-UP, FIX -UP, PAINT -UP & PLANTING MONTH WHEREAS, the City of Plymouth is a vibrant, modern and growing community; and WHEREAS, Plymouth is blessed with an abundance of manmade and natural beautyinourlakes, parks and general environment; and WHEREAS, community residents and businesspersons desire to maintain the attractiveness and high quality of life in the community; and WHEREAS, the establishment of a "Spring Clean -Up, Fix -Up, Paint -Up and Planting Month" will focus community attention on improving the community as a whole, which will benefit the entire community; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, does proclaim the month of May, 1988 as: SPRING CLEAN-UP, FIX -UP, PAINT -UP & PLANTING MONTH" and does hereby strongly encourage homeowner associations, individuals and businesspersons to participate in efforts to improve the appearance of their property and their neighborhood in beautiful Plymouth through organized means and individual efforts. Virgil Schneider, Mayor 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 559-2800 PRESS RELEASE PLYMOUTH SPONSORS 1988 NEIGHBORHOOD CLEAN-UP EFFORTS Annually, the City of Plymouth and neighborhood groups join together to enhance the appearance of city neighborhoods by cleaning up the accumulation which naturally occurs over the winter months. This program, known as the Plymouth Neighborhood Clean -Up Program," does a great deal to maintain the attractiveness of our city and pride in Plymouth. Through the program, the City provides at no cost to interested groups, one refuse dumpster to be placed at the site they select. The neighborhood group is responsible for providing the organization, planning and manpower necessary to complete the clean-up effort. Groups are also asked to define the clean-up area representing no less than 25 households and select a time during which the program will take place. The primary objective of the program is to clean up vacant lots, rights-of-way and City park lands. The program is not intended as a basement clean-out effort. To receive an application form to participate in this year's program, homeowner associations and neighborhood groups should call 559-2800, Ext. 202. Sorry, but no telephone registrations will be accepted. April , 1988 (Letter No. 1) Dear D: Attached is a proclamation declaring May 1988 as "Spring Clean -Up, Fix -Up, Paint -Up, and Planting Month" in Plymouth. The 1988 Neighborhood Clean -Up Program is an oppor- tunity for your association to demonstrate civic pride through community action. I highly encourage you to participate in this program. As homeowners, each of us benefits directly from the clean-up program by enhancing the appearance of our neigh- borhood. Our clean-up efforts also help Plymouth maintain its excellent profile and popularity in the metropolitan area. This year the City will provide one dumpster for each neighborhood clean-up effort. To maximize the geographic coverage of the program, each program must include a minimum of 25 households. Historically, we have allowed smaller non -association groups to conduct clean up efforts. This year the minimum association size is 25 households. As in the past, the central purpose of the program is to clean-up vacant private and public property. The program is not intended as a basement clean-out effort. I am attaching a copy of the program guidelines which clarify the purpose of the program and responsibilities of program sponsors. Some of the groups conducting outstanding neighborhood clean-up campaigns last year were: Organization Contact Phone I. Chelsea Mews Homeowners Assoc. Elizabeth Sunberg 476-0966 2. Imperial Hills Homeowners Assoc. Carol Johnson 473-4190 3. Gleanloch Homeowners Assoc. Pat Scherber 546-1073 I'm sure that representatives of these groups would be glad to offer ideas for your 1988 clean-up program if you are interested. To confirm that program guidelines are understood, we are asking that clean-up programs be arranged through completion of the attached application. No telephone registration will be accepted. Fully completed applications should be sent to: Plymouth City Center, 3400 Plymouth Blvd., Plymouth, MN 55447, Attention: Jane Laurence or Steve Barg. Jane or Steve will contact association representatives to confirm program arrangements. Sincerely, Virgil Schneider Mayor April , 1988 (Letter No. 2) Dear W4: Your participation in last year's Neighborhood Clean -Up Program demonstrates to me and members of the City Council that your homeowners association is vibrant and capable of converting civic concern into positive community action! This year, May 1988 has been declared "Spring Clean -Up, Fix -Up, Paint -Up and Planting Month" in Plymouth by the City Council. I have attached the proclamation. The City will provide one dumpster for each neighborhood clean-up effort. To maximize the geographic coverage of the program, each program is to include a minimum of 25 households. As in the past, the central purpose of the program is to clean-up vacant private and public property. It is not intended as a basement clean-out effort. I am attaching a copy of the program guidelines which clarify the purpose of the program and responsibilities of the program sponsors. Please distribute a copy of the program guidelines to your association members. Because of your group's participation last year, I have taken the liberty to suggest that representatives from other homeowner associations contact you for ideas for their clean-up campaigns. To confirm that program guidelines are understood, clean-up programs are to be arranged through completion of the attached application. No telephone registration will be accepted. Fully completed applications should be sent to: Plymouth City Center, 3400 Plymouth Blvd., Plymouth, MN 55447, Attention: Uane Laurence or Steve Barg. Oane or Steve will contact association representatives to confirm program arrangements. Sincerely, Virgil Schneider Mayor Rev. 3/88 1988 SPRING CLEAN UP PROGRAM GUIDELINES: 1. The purpose of the Plymouth Spring Clean -Up Program is to provide Plymouth homeowners with an opportuniy to dispose of refuse which may have accumulated on vacant public or private properties in the neighborhood over the winter at little or no cost to residents. The program is not intended as a basement or garage clean-out program. Therefore, used furnishings, utilities, carpeting and other such items should not be included in the program. Drain oil and tires may not be included in the dumpster. 2. Normally only one 20 -yard dumpster will be provided at city cost for each clean-up event. The homeowner association may elect to rent one additional dumpster at its cost subject to availability. 3. The City will limit its participation to one clean-up event per season, per association. 4. Homeowner associations should include at least 25 residential dwellings. Smaller associations will be disqualified from participation in this program. 5. To arrange to conduct a spring clean-up program, the homeowner association will be responsible for: a. Sharing these guidelines with all association members. b. Scheduling the clean-up event. c. All advertising for the event. d. Enlisting and organizing the person power necessary to conduct the program. e. Identification and property owner approval of the specific location for the dumpster, preferably by address. Dumpster location should be limited to private property off of the public street right-of-way. f. Identifying the geographic size of the project area and the number of households participating. g. Clean up of the dumpster site where refuse has blown out of the dumpster or the dumpster has been overfilled. The sponsoring group will also be respon- sible for basic restoration of the dumpster site to the condition it was prior to the clean-up event. 6. To arrange to conduct a clean-up program a homeowner association must fully complete and mail (no telephone applications) the attached application form to: Plymouth City Center 3400 Plymouth Boulevard Plymouth, MN 55447 Attn: Jane Laurence or Steve Barg Community Service Officers Incomplete application forms will be returned. Clean-up program confirmations will be arranged by phone or by mail. Applications will not be accepted after June 30, 1988. s 1988 NEIGHBORHOOD CLEAN-UP PROGRAM APPLICATION 0 Homeowner Association Name: Contact Person: Address: Day Phone: Night Phone: Program Clean -Up Dates: Drop dumpster on: Pick up dumpster on: Specific location of dumpster (describe): Use reverse side to diagram. The dumpster is off the travelled portion of the street: Yes If not, why, and what steps will be taken to protect the travelling public? By making this application, I certify that: 1) The number of participating households in this Neighborhood Clean -Up Program equals or exceeds 25. 2) That the purpose of our program is to clean-up the neighborhood and NOT to clean-out basements. 3) Our association is responsible for restoration of the dumpster site at the end of the program including refuse pick up. 4) I understand that tires, drain oil and other household wastes are prohibited from inclusion in the program. Date Signature of Homeowner Association Representative For City Use: Arrangements for dumpster made by on: Confirmation of dumpster to HOA by on: 2C CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: March 18, 1988 TO: Mayor & City Council FROM: James G. Willis, City Manager SUBJECT REPORT ON THE HIRING OF A HUMAN RESOURCES SPECIALIST POSITION 1. ACTION REQUESTED: Receipt, consideration and filing of this report for future reference. 2. BACKGROUND: The Council directed that a report be prepared in 1988 regarding the advisability of hiring a Human Resources Specialist position in 1989 or beyond. 3. PRIMARY ISSUES AND ANALYSIS: The Human Resource or Personnel area has dramatically increased in complexity -- especially in the public sector. The application of the Fair Labor Standards Act, the passage of state pay equity laws, statutory and court determinations on the status of various disabilities and the rights of various societal groups affect virtually every aspect of our personnel program. The addition of "pay for performance" concepts, employee involvement strategies, training and employee safety issues further complicates the personnel arena. Since about two-thirds of our general fund expenditures are personnel related, it is essential that our personnel program provides for the most productive use of that investment. Our current personnel operation is a shared responsibility between the Assistant City Manager, City Clerk and Secretary of Administration. The City Manager is the final approving authority of all personnel actions. Because of the complexities associated with new personnel requirements, four metropolitan area communities over the last year have added Personnel Director/Technician positions to their staffs. For a better understanding of how other metropolitan area municipalities administer their personnel programs, a survey was undertaken of 14 developing and developed metropolitan area municipalities. The survey shows that most communities rely on the Assistant City Manager or Assistant to the City Manager to administer the personnel function. Ten communities have either/or both a Personnel Director or a Personnel Coordinator/ 0 REPORT ON THE HIRING OF A HUMAN RESOURCES SPECIALIST POSITION March 18, 1988 Page 2 Technician position. Virtually all of the communities have a substantial portion of a full-time office support person assigned to personnel. More important than the survey information is an assessment of how well the personnel function is being conducted in each community. The indicators of an effective personnel program in my judgment are: 1. Accurate and up to date job descriptions. 2. A salary system based upon written performance evaluation. 3. A performance objectives system. 4. An implemented pay equity plan which considers market factors in establishing salary ranges. 5. Personnel policies which conform to state and federal statutes and case law. 6. An effective employee safety program. 7. Effective contract negotiation and administration program. 8. An effective recruitment and selection system. 9. Employee participation and productivity strategies. 10. Employee training program. Using our existing personnel complement, we have achieved satisfactory results in each of the 10 above areas. As the personnel area becomes more complex, the time required to satisfactorily provide each of these personnel services increases. This time investment by the Assistant City Manager, City Clerk and Secretary - Administration, reduces the productive hours available for the accomplishment of the primary objective of each position. Accordingly, we must carefully analyze each year whether the addition of a Personnel Specialist/ Technician is justified to allow the other positions to concentrate more fully upon their primary responsibilities. REPORT ON THE HIRING OF A HUMAN RESOURCES SPECIALIST POSITION March 18, 1988 Page 3 4. RECONNENDATIONS AND CONCLUSIONS: I believe that we can continue to provide a satisfactory personnel program through calendar year 1988, and hopefully in 1989, using existing manpower. I recommend that the City Council receive this report recognizing that it may become necessary to recommend a Personnel Specialist/Technician or Personnel Director position at a later date. FB:kec attachment SUMMARY OF PERSONNEL SURVEY OF METROPOLITAN AREA COMMUNITIES 1987 Dir. of Asst. to Personnel Personnel TOTAL Total CITY Human Res. City Mgr. Director Coord/Tech Sec. STAFF Employees 176 Eden Prairie X X 1/2 2.5 195 Coon Rapids X X 3/4 2.75 100 Blaine X 3/4 1.75 229 St. Louis Park X X 2.0 459 Bloomington X X X 3.0 173 Burnsville X X 2.0 184 Minnetonka X X 2.0 126 Brooklyn Center X 1.0 170 Brooklyn Park X X 2.0 116 Eagan X X 2.0 99 Crystal X 1.0 209 Richfield X X 2.0 112 Maple Grove X X 2.0 108 Roseville X 1.0 136 PLYMOUTH X X 2.0 15 Communities 2 9 5 5 9 1.93 Avg. 8D CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: March 23, 1988 for City Council meeting of March 28, 1988 TO: James G. Willis, City Manager FROM: Richard Carlqu. t, -Public Safety Director and Frank Boyles;,A istant City Manager SUBJECT DRAFT ORDINANCE AMENDMENT RELATING TO FIRE AND POLICE ALARM SYSTEMS In ACTION REQUESTED: This memorandum proposes revision to the City's existing Fire and Police Alarm System Ordinance. The Council should determine its position with respect to the draft ordinance amendment Including how, and over what time frame, implementation of the new ordinance should occur. 2. BACKGROUND: In 1982, because false alarms accounted for a large percentage of our fire and police responses, the City Council adopted the existing alarm system ordinance. Under current codes, an alarm user is allowed three false police alarms and one false fire alarm. On the fourth police alarm, or second fire alarm, the user is required to obtain an alarm user's permit at the cost of $50 for police and $150 for fire. The same fee is charged for each subsequent false police or fire alarm. While the existing ordinance has had some effect on reducing the number of false alarms, we continue to experience a substantial number each year. Attached is a summary showing police and fire false alarms versus total calls for each year since 1984. In the area of fire, false alarms are over 50% of our activity, amounting to one and one-half needless "fire runs" every day of the year. Similiarly, police false alarms are continuing at over 7% of our total annual call volume. Each day the Police Department responds to more than five false alarms which includes the false fire alarms which the Police Department is normally first to respond to. This tremendous false alarm volume increases fuel costs, wear and tear on equipment and nonproductive personnel time. Equally important is the complacency bred by the false alarms. Police officers and firefighters who repeatedly respond to false alarms at a location are more likely to be unfortunately surprised if they respond to the real thing at that location. Last, but certainly not least, is the dangerous exposure to the public and responding public safety officers associated with emergency type driving responses. ORDINANCE AMENDMENT RELATING TO FIRE AND POLICE ALARM SYSTEMS March 23, 1988 Page 2 3. PRIMARY ISSUES AND ANALYSIS: From an equity perspective, those who allow the false alarms to continue should bear the increased costs created by the false alarms. The costs should not be borne by the general public or the responsible alarm user. The problems with the current ordinance are: a) The definition of false alarm is more interpretive than desirable. b) The penalty is not sufficient to discourage users from allowing repeated false alarms. c) The grace period allows for more false alarms than desired. d) There is no means of knowing how many alarm systems are "out there" since alarm users are not presently required to register with the City. The Public Safety Director has worked closely with the City Attorney's office to develop a new draft ordinance (attached). It is intended to reduce the incidents of false alarms, recognizing that some minimum number of false alarms will continue to take place, regardless of the City's actions. It also recognizes that in the fire area we require the use of alarm systems in certain buildings, while in the police area, we strongly encourage them. We do not want to adopt ordinance provisions which would be counter-productive to either effort. The new ordinance is intended to remedy the problems of the current ordinance as follows: a) The definition of false alarm is strengthened to minimize misinterpretation, yet it still allows for situations which are truly out of the owner's control to be categorized as a non -false alarm. b) Police alarm systems and fire alarm systems are defined for clarification. c) All police and fire alarm users are required to register their system each year at the cost of $25 so that the City is aware of where and how many alarms systems there are in operation. If the company elects to register the system in December for the next year, the registration fee is waived. d) Every false alarm requires the acquisition of a user's permit. ORDINANCE AMENDMENT RELATING TO FIRE AND POLICE ALARM SYSTEMS March 23, 1988 Page 3 e) The fee schedule has been revised to more accurately reflect the actual cost of responding to a false alarm. A reissued police alarm permit begins at $50 and increases by $25 per false alarm to a maximum of $200 per reissued permit after the sixth false alarm. Each reissued false alarm permit is $200. The proposed ordinance continues the appeals process in the current ordinance which allows the City Council to review the findings of the Public Safety Director if an appeal is filed. The ordinance also allows for suspension or revocation of a license under more serious conditions, including repeated false alarms, failure to correct faulty alarm systems, or alarms which pose a threat to the public peace, health, safety or welfare. 4. RECONNENDATION AND CONCLUSIONS: The Council has heretofore, taken a progressive posture with respect to the demand side of public safety. This ordinance represents an attempt to curb the rise in false alarms to forestall the premature addition of personnel or equipment. The Council should determine whether it supports the proposed ordinance amendment. Next, an implementation plan and timeline should be discussed and finally, the question of publicizing the ordinance should be addressed. It is recommended that the ordinance be adopted as proposed. A public meeting should also be announced and held between the staff and businesses, allowing them to receive additional information about the proposed ordinance prior to Council adoption this spring. The effective date of the ordinance should be January 1, 1989. In the meantime, articles about the ordinance would be placed in the Plymouth on Parade, local newspapers, as well as fliers and mailers directed specifically to building owners who are alarm users in the City. FB:kec attachment CITY OF PLYMOUTH AN ORDINANCE RELATING TO ALARM SYSTEMS; AMENDING SECTION 1155 OF THE PLYMOUTH CITY CODE The City Council of the City of Plymouth does ordain: Section 1. Section 1155 of the Plymouth City Code is amended to read as follows: 1155.01. Statement of Policy. The City Council of the City of Plymouth deems it necessary to provide for the special and express regulations of alarm systems which are designed to signal the presence of a hazard requir- ing urgent attention and to which public safety person- nel are expected to respond, in order to protect the public health, safety and welfare. The City Council finds that the regulation of alarm systems is necessary in order to reduce the increasing frequency of false alarms in Plymouth. The great number of and increasing frequency of these false alarms requires intensive, time consuming efforts by the Department of Public Safety and thereby distracts from and reduces the level of services available to the rest of the community. This diminishes the ability of the City to promote the general health, welfare and safety of the community. In consideration for the necessity on the part of the City to provide numerous public safety services to all segments of the communi- ty, without an undue concentration of public services in one area to work to the detriment of members of the general public, it is hereby decided that the alarm systems shall be regulated through the permit process described below. 1155.03. Definitions. As used herein, unless other- wise indicated, the following terms are defined as follows. Subdivision 1. "Alarm System" means an assembly of equipment and devices (or a single device such as a solid state unit) arranged to signal the presence of a hazard. For the purposes of this ordinance, the alarm, when triggered, must be directly connected to a central monitoring agency which then notifies the police and/or fire departments of an emergency to which public safety personnel must re- spond, or may emit an audible signal which will require urgent attention and to which public safety personnel are expected to respond. Subd. 2. "Alarm User" shall-tfre-a-n means the person, firm, partnership, association, corporation, company or organization of any kind on whose premises an alarm system is maintained. "Alarm User" small lneltide includes persons occupying dwelling units for residential purposes. uAlarxt-l shall net--i-rrE3-tte persons-xtalntalning-alarx-spsteras-ln-attte teblles- Subd. 3. "False Alarms u -bra -1 -l --mean Alarm" means any activation of an alarm system that results in a response by the Public Safety Department where an emergency situation does not exist. "False Alarm includes, but is not limited to, the activation of an alarm system through mechanical failure, malfunction, improper installation, or the neglj:genee negligent use or maintenance of the alarm system by its owner or lessee a€-,a--a3-ar r tem or e€ h+s by the owner's or lessee's employees or agents. it "False Alarm" does not include activation of the alarm by utility company power outages or by climatic conditions such as torna- does, lightning, earthquakes, other violent conditions of nature, or any other conditions which are clearly beyond the control of the alarm manufacturer, installer en and owner. "False Alarm" does not include activa- tion of an alarm system as the result of an effort or order to upgrade, install, test, or maintain the system, if the Public Safety Director and, where applicable, central monitoring agency for the alarm system are each notified in advance of said upgrade, installation, test or maintenance. Subd. 4. "Fire alarm system" means an alarm system designed, installed, or operated to prompt a response by the fire department. Subd. 4 5. "Person" shall -mean means any individ- ual, partnership, corporation, association, cooperative or other entity. Subd. 6. "Police alarm system" means an alarm system designed, installed, or operated to prompt a response by the police department. Subd. 5 7. "Calendar Year" shall -Mean means the period from January 1 through December 31 of each year. 1155.05. Permits and Exemptions. Subdivision 1. Permits. Effective Apel- 1-,--4-2 January 1, 1989, every alarm user ul e;-el-ie-tire-o-se-et-a-ea tsnela pear;-3-neid-rs- -three-+33--1 e-o-ic e-alarms; er-erre--{-httrr-erre-l}-$ase-,it1 shall be required to obtain an alarm user permit for each alarm system on the alarm user's premises. Alarm user permits shall be 2 of two types: permits for police alarm systems and permits for fire alarm, systems. SttbdT 2-.---te}era--cam B}Teeter--_34 14--e iev- tMtts- Sabel-- 3-.--15-f--Petri.---H15ee eee4-et--rrrel--c}ete t ra€€oar-tr€-1-€ettt--a-1 e--e}}ee Satet- t-ire--Cr€tr-E}k-w+io--1-1-r-aeeeeg-tie a}artfi-tiser--fe-r-,fttl--a4-&rftr r, ='-s- ri-t•.---''ke-assessite t ave}ee--s•Yra-1-l--be---eTtt--by- tt s e r--rtxs#--reqtA-red- E}e.fk-Wtten -{}g}-Werlttee}-elays-atter-reeetgt-a€-the as9essment--rrr«crrc-e--3e--o-rd -e-r---eeet4:nue --t-o--trs -kt9 a}a -19 --ta}se--p,0-14--Cp-ttre a}axis-,a 4-1-a - «tea vo}te-that eeess- -be-->aegeate--fer--eaek- - j--ta}se alarm-ta-exeess-et-three-43}-to}se-pe}tee-a}arms-asel-tn emeess-et-ane -4-1 to}se-tare- a}arxfi-eltirtag-eaeh-ea}enelar year- Sabel- 4---Btiattea-et-Pexttt---A}}-eex tts ; -t3 ii}ess etherwtse-,----z-1-1--rim--at--Yee-rrtl--o-f--eaeh ea}enelar-year- Subd. t 2. Exemptions. The provisions of this chapter are not applicable to audible alarms affixed to automobiles. 1155.06. Application Process. Subdivision 1. Initial Application. Every applicant for an alarm permit shall file with the Finance Director, on forms provided by the City, an application stating: a. the name, address and phone number of the applicant; b. a description of the property where it is proposed to use an alarm system; C. its location, street and number; d. how many separate alarm systems will be used; e. a description of the type(s) of alarm sys- tem(s) to be used, excludinc name and mode number of the manufacturer (i.e., Police Emergency, Medical Emergency, Fire); f. the name of the person or company who will install or, for systems installed prior to January 1, 1989 , who did install the alarm system at the location; and the name, address and phone number of one person or company who will be available to be contacted in the event of an alarm activa- tion. In the event the name, mailing address or phone number of the person to be contacted changes, the applicant must supply corrected information to the Public Safety Director and Finance Director within five days of the change. At the time of filinq an application, the applicant must pay all permit fees required by this section. Upon receipt of all applicable fees, the application becomes a temporary permit, pending review and approval by the Public Safety Director. Subd. 2. Renewal. An alarm user may renew an alarm user permit by paying the required permit fee and without filing a new application, provided the informa- tion on the original application is still accurate. Subd. 3. Reissued Permits. An alarm user whose permit has been revoked may obtain a reissued permit by paying the required permit fee and and by satisfying the provisions of this section. A new application is not required, provided that the information on the original application is still accurate. Subd. 4. Review of Permit. The Public Safety Director shall review the issuance, reissuance, and renewal of all alarm user permits. 1155.07. False Alarms;-Ree tti extents----Duties Automatic Revocation. Subdivision 1. The--ti 3-ie Satet-B eete-x ap;-at-l s-se et es;-ee n e-a-a se alarrt-r t te--b4---€i-e4-})-y--bY-a4arift- -tree--Wit-11--t4re Pab e - -a-€eL-y- - -D-i-ef,t,- -w tk rt - -a• - tette---er at - -tv- -b e spee4:t4:eel-15y-the-Ptib14:e- Safe ty-B4!reeter - 1t-the-Ptt1914:e eeet t°peel-at-a t-lel-ress;-t lz-rxr xse-Yra-aelel ess Bit°eeter- te--o-f- -L-Ire- tt-aet4!vatien- i#-tete-Ptxb--e-Safety-Beteeter-eletern+nes-that-the-alarm was - -cm-eLtsie-d- - -by- -the - -ee tt-ro-l- - frf- - the alarxt- ~e ;--t4t -alarm- -he- ate--a-false alarm--aelelress- Revocation; Reissued Permits. A false police or fire alarm will result in automatic revocation of the applicable alarm user permit, unless the permit is reissued in accordance with this subdivision. When the Public Safety Director deter- mines that a false police or fire alarm has occurred at an address, the Public Safety Director shall notify the alarm user of that determination. The alarm user's permit will be revoked unless, within ten working days of the date of the notice, the alarm user submits the required permit fee to the Finance Director or estab- lishes to the satisfaction of the Public Safety Direc- tor that the alarm activation was not a "false alarm" within the meaning of this section. Subd . 2. Tests---1'-'-d3-se- --be--eiec+ d re --are- lig- a}1 -t• -e an -er--t-0,-tip- grade ;-3 rs a33 ;--t-E st-,--&r-rda+atd-iR--ate -a-1-a n&--&pe-tefer-end if--the--PttI3,-Sa-€ety6-ee--in ae anee-et-said-ttpgrae e;-tnstallatlen; -test-ane-rxalnte- nanee- The Public Safety Director shall treat a false alarm that occurs during the ten-day period for reissu- ance of an alarm user permit as an additional reissued permit. For each such false alarm, the alarm user shall pay the permit fee for a reissued permit as provided by this section. Subd. 3. Conditions for Reissuance. As a condi- tion for reissuing an alarm user permit revoked under this subsection, the Public Safety Director may require that the alarm user provide the Public Safety Director with evidence that the alarm system has been properly serviced and that its deficiencies have been corrected. 1155.08. Permits Nontransferrable; Duration. All alarm user permits expire at the end of the calendar year, unless otherwise revoked. Alarm user permits are not transferable from one person to another or from one location to another. 1155.09. Prohibitions. Subdivision 1. Alarm Systems Utilizing Taped or Prerecorded Messages. No person shall may install, monitor, or use and possess an operative alarm which utilizes taped or prerecorded messages which deliver a telephone alarm message to the police or fire department. 1155.11. Permit Fees. Subdivision 1. Annual Permit Fee. The annual fee for an alarm user's permit shall be: Police - fifty twenty-five dollars (OeTee 25.00) , Fire - twenty-five dollars WISG-r68 $25.00). The annual fee shall be waived if the permit is obtained during the month of December of the preceding year. Subd . 2. Alar t-t3serls-perxtlts-shall-eplre-en-the last--l-aj--crf--ea+endae--A-1-eVITt--ttser-Ls--perrdits shall--Mot--bre- pecttz-re&-ln-+lie-llelK- lir r--ea-ttntll there- o--tkan-t4i-i-F3*-€ap-e-1-& -er more- -ewe--{ -t-a-1-s-tire--a-l-rrtYr-repertee--a-tl e pear- Fees Schedules for Reissued Permits. The fee for each alarm user's permit that is reissued during the same calendar year shall be determined according to the following schedules: a. Reissued Permit for Police Alarm System. First reissued permit 50.00 Second reissued permit 75.00 Third reissued permit. 100.00 Fourth reissued permit 125.00 Fifth reissued permit 150.00 Sixth reissued permit 175.00 Subsequent reissued permits 200.00 b. Reissued Permit for Fire Alarm System. First permit and each reissued permit $200.00 1155.13. Revocation and Suspension of Permit. Subdi- vision 1. Basis for Revocation or Suspension. In addition to the automatic revocation process described in Subsection 1155.07, the Public Safety Director may suspend or revoke any alarm user permit issued pursuant to this ordinance if the Public Safety Director finds that any of the following eeetdr has occurred: a) That any provision or condition of this ordinance has been violated by an alarm user or his agents. b) That an alarm system has actuated an exces- sive number of false alarms. c) That the alarm user has knowingly made false statements in or regarding his application for an alarm user's permit. d) That the alarm user has failed to correct or remove ; viola- tions io1a- tions of this ordinance atter--eeep-f within the time period specified by the Public Safety Director in an oral or written notice to de -se the alarm user. e) That the continued effectiveness of the alarm user permit; constitutes a substantial threat to the public peace, health, safety or welfare. 0 Subd. 2. Investigation. All alleged violations defined above shall be investigated by the Public Safety Department. The alarm user shall be given notice of the proposed revocation ei or suspension and be provided an opportunity to informally present evidence to the Public Safety Director prior to the final decision on revocation or suspension. Anpene a g e e-bp-the-dee s en -e -the-Pabli-e-Safety-B4!reeter map-aggea-that-dee s en-te-the-E tp-Ee ne- Subd. 3. Conditions. The Public Safety Director may impose reasonable conditions for the reactivation of a suspended alarm user permit or the reissuance of a revoked alarm user permit. Subd. 4. Reactivation or Reissuance. A suspended ermit will be reactivated at the end of the period of suspension or upon satisfaction of all conditions imposed under this section, whichever is later, and without payment of a reissued permit fee. An alarm user whose permit has been revoked must apply for a reissued permit in accordance with this section. 1155.14. Right to Notice and Appeal. Subdivision 1. Notice. Where notice of suspension, automatic revoca- tion, or other revocation is required to be given to an alarm user under this section, the notice shall be sent by certified mail to the alarm user's last known address. The notice shall inform the alarm user of: the action to be taken on the permit; the conditions, if any, for reissuance or reactivation of the alarm user's permit; the alarm user's right to an informal hearing before the Public Safety Director; and, the alarm user's right to appeal the Public Safety Direc- tor's decision to the City Council. Subd. 2. Appeal. Anyone aggrieved by a decision of the Public Safety Director to suspend or revoke an alarm user permit may appeal that decision to the City Council by filing a written request for an appeal with the City Clerk. The written request must be filed within 10 days after the decision from which the appeal is taken. 1155.15. Penalties. Subdivision 1. Any alarm user who continues to use an alarm system after receiving notice of revocation or suspension by the Public Safety Director is guilty of a misdemeanor. 7 c Subd. 2. Any person required by this ordinance to obtain an alarm user's permit who knowingly fails to do so is guilty of a misdemeanor. Sec. 2. This ordinance will take effect on January 1, 1989. ATTEST: Laurie Brandt, City Clerk C/0066OR03.G48 0 Virgil Schneider, Mayor FALSE ALARM/TOTAL CALL RATIO FOR POLICE AND FIRE 1984 - 1987 3/21/88 False Alarms to Total Service Calls 6.5% 7% 6.8% 7.7% 47.8% 52.5% 58.8% 57.5% POLICE Total Annual Total Calls Year False Alarms for Service 1984 984 15,200 1985 1,094 15,608 1986 1,162 17,163 1987 1,485 19,175 FIRE 1984 254 531 1985 293 558 1986 378 642 1987 493 858 3/21/88 False Alarms to Total Service Calls 6.5% 7% 6.8% 7.7% 47.8% 52.5% 58.8% 57.5% PE CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: March 24, 1988 TO: James G. Willis, City Manager FROM: Frank Boyles, Assistant City Manager SUBJECT LETTER SUPPORTING MINNEAPOLIS/ST. PAUL AS THE LOCATION FOR THE 1996 SUMMER OLYMPICS 1. ACTION REQUESTED: That the Council endorse the attached letter supporting Minneapolis/St. Paul as the location for the 1996 Summer Olympic Games. 2. CONCLUSIONS AND FINDINGS: Attached is a March 17, 1988 letter from Roger Parkinson, Chairman of the Committee for the Twin Cities Olympic Bid. In that letter he requests support from metropolitan area city councils to make Minneapolis/St. Paul the location of the 1996 Summer Olympic Games. It is recommended that the City Council display their support for this effort by signing the original copy of the attached letter which will be available at the March 28 meeting. FB:kec attachment March 23, 1988 CITY OF PLYMOUTR Mr. Roger Parkinson, Chairman Committee for the Twin Cities Olympic Bid Star Tribune Newspaper of the Twin Cities 425 Portland Avenue Minneapolis, MN 55488 SUBJECT: LETTER SUPPORTING MINNEAPOLIS/ST. PAUL AS THE LOCATION FOR THE 1996 SUMMER OLYMPIC GAMES Dear Mr. Parkinson: On behalf of the Plymouth City Council, this confirms our enthusiastic support of your efforts to bring the 26th annual Summer Olympic Games to our Minneapolis/St. Paul Greater Metropolitan Area. Our quality of life, athletic facilities, housing capacity and ability to join together to ensure that the Summer Olympic Games will be a resounding success, are factors which cannot be overlooked in the site selection process. The "Twin Cities bid for the 1996 Summer Olympic Games" cogently describes the commitment which we as a metropolitan area make to the Olympiad. Our experience confirms that this commitment, once made and accepted, will become the theme for a collaborative effort between the 50 plus municipalities of our metropolitan area. With such commitment, the 1996 Summer Olympic Games cannot help but be a brilliant success. We, the members of the Plymouth City Council, sincerely look forward to working with you as you proceed in our joint efforts to bring the 1996 Olympic Games to our metropolitan area. Sincerely, Virgil Schneider, Mayor Lloyd Ricker, Councilmember Jerry Sisk, Councilmember Maria Vasiliou, Councilmember Bob Zitur, Councilmember 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 Bid Committee for the XXVI th Olympiad Minneapolis -Saint Paul March 17, 1988 MAYOR VIRGIL SCHNEIDER PLYMOUTH CITY HALI, 3400 PLYMOUTH BLVD. PLYMOUTH MN 55447 Dear Mayor Schneider: I am sorry that you were unable to attend the March 9, 1988 meeting to discuss the Twin Cities bid to host the 1996 Summer Olympic Games. Enclosed is a packet of information that was discussed at this meeting. Included in this information packet is a summary of the Olympic bid and samples of letters of support and a sample resolution. Members of the United States Olympic Committee Site Selection Committee will visit the Twin Cities to review our bid on March 25-27, 1988. We hope to have a substantial number of letters and resolutions of support to present to the Site Selection Committee during their visit. These letters and resolutions will clearly demonstrate the high level of community support for hosting a successful Olympic Games in the Twin Cities. If you will not be able to send these support documents in time for the Site Visit, we will be compiling additional support materials for members of the United States Olympic Committee which will be distributed at our formal presentation in Washington, D. C. in April. A deadline of _April 15,_ 19_88 is necessary for printing and assembly of these important documents. We look forward to working with the metropolitan mayors on this bid to host the 1996 Olympic Games. This is a major undertaking and we appreciate the offers of assistance and support from the metropolitan mayors and the mayors of Duluth and Superior. We hope this letter date on our Olympic please feel free to 3209. 88-113 and the enclosed information will help to bid efforts. If you have any questions contact Ken Brunsvold at 348-6058 or Jane Sinc ely, Roger Parkinson Chairman bring you up to about the bid, Eastwood at 228- a DATE: TO: FROM: SUBJECT CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO March 16, 1988 for Council meeting of March 28, 1988 Mayor and City Council James G. Willis, City Manager 1989/90 BUDGET CALENDAR The following is the schedule which I have outlined for budget consideration and adoption by the Council. May 23 Budget Objectives/Orientation - 5:30 p.m. June 6 1989/90 Budget Objectives adopted by City Council September 6 Budget Study Session No. 1 - 7:00 p.m. September 13 Budget Study Session No. 2 - 7:00 p.m. September 19 Public Hearing on 1989/90 Budget and Capital Improvement Program September 26 Budget Study Session No. 3 - 6:00 p.m. October 3 Adoption of 1989/90 City Budget I recognize this is a long series of meetings, some of which will be devoted solely to budget study. As we move past the public hearing on September 19, it may be desirable for the Council to consider the necessity of the third budget study meeting. In any event, however, the budget should be adopted not later than Monday, October 3, in order that it may be certified to Hennepin County before the close of business on October 10. JW:kec CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH. MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: March 24, 1988 for City Council Meeting March 28, 1988 TO: James G. Willis, City Manager FROM: Blair Tremere, Community Development Director SUBJECT CONSIDERATION OF AMENDING ZONING ORDINANCE TO ALLOW "AUTOMOBILE SERVICE FACILITIES" AS CONDITIONAL USES IN THE B-1 ZONING DISTRICT (87125) ACTION REQUESTED: Attorney Linda Fisher, in her February 15, 1988, memorandum, has asked that we review with the Mayor and Council, her concept for amending the Zoning Ordinance to allow certain automotive service facilities as conditional uses in the B-1 (office limited business) District. The central question for the City Council is: Should the Zoning Ordinance be amended to allow "automotive service facilities", i.e., gasoline service stations and minor automobile repair uses, as conditional uses in the B-1 Zoning District? If the answer is affirmative, the equally important question is: How can that be accomplished and what are the considerations that should be analyzed? BACKGROUND: Linda Fisher represents H.I. Enterprises who proposed reguidinq of CL/13-1 property at Harbor Lane and Fernbrook Lane to CS/13-3 which would allow an automotive service facility and convenience store. The City Council denied that request earlier this year. Linda Fisher has discussed with us the various means by which her client could propose the desired land use on the specific site which is not classified appropriately for the proposed service/retail use. The method outlined in the letter is one approach: Instead of reclassifying the property, amend the text of the Zoning Ordinance to broaden the allowable uses in the existing Zoning District to include the use which is not allowed at all in that District. Neither the Council nor staff suggested or recommended a textual change to the Ordinance, but it has been proposed for consideration to see if the City would be interested in pursuing it. Page two Memorandum to City Manager for City Council Meeting March 28, 1988 Zoning Ordinance Amendment March 24, 1988 PRIMARY ISSUES AND ANALYSIS: The primary issue is the first and perhaps the second question identified above. The following are my initial observations and comments as an informal response to Linda Fisher's memorandum. 1. The original application from H.I. Enterprises was for more than "automotive service facilities"; it included a retail store which would sell a variety of convenience items. The distinction between incidental retail sales of sundries, tobacco, and the like, versus a convenience store retailing a variety of goods such as automo- tive supplies and groceries, is critical. The B-1 District, unlike B-2, B-3, and I-1, does not allow retailing. 2. The City Council did question the appropriateness of the proposed use; prece- dent was a key concern because the use was not appropriate for this CL/B-1 site, or for any other CL/B-1 site in the community. 3. The City Attorney advised that each case should be evaluated on its merits and he was speaking directly to the question of whether the guide plan should be changed. t 4. I interpreted the Councilmembers questions as to why the proposed use was not allowed in the B-1 District as one of information and not one of suggestion. The B-1 District, based upon the CL guiding, intentionally was designed to exclude retail uses. 5. If the City Council answers the first question in the affirmative, there are numerous matters which should be clarified and researched relative to the second question. These will require significant time commitments by staff and very possibly would warrant the services of a consultant to provide a property overview and analysis of the City land. Some of the issues include: a.) The development of specific standards for a new conditional use is appropriate, but would be applicable City-wide throughout the B-1 District; the standards should not be tailored to only a particular site. Research is needed regarding the term "near arterial access" and "with- in reasonable distance of a freeway" (see Page two of the Fisher Memorandum). b.) A definition of exactly who is to be served is needed. It is not clear whether it is primarily for the use of persons employed in the District see Page three of the Fisher Memorandum) or, for the motoring public and/or residents in a given market area (see Page four of the Fisher Memorandum). c.) A sound, clear definition of exactly what constitutes the proposed use is needed. What, if any, additional uses would be contemplated in the B-1 District? This is a critical item. Page three Memorandum to City Manager for City Council Meeting March 28, 1988 Zoning Ordinance Amendment March 24, 1988 d.) Also critical, is the knowledge that the Comprehensive Plan must be addressed. The Comprehensive Plan is not an incidental document or a concern here: The purpose and intent of the B-1 Zoning District is founded upon the purpose of the CL Land Use Guide Plan Classification. The State law speaks of the situation where there are conflicts between the Comprehensive Plan and a Zoning Ordinance; and, particularly, a Zoning Map. Some commuunities, unlike Plymouth, have not reconciled their guiding with their zoning. The law was not meant to encourage the creation of conflicts. The Fisher Memorandum strongly suggests this see Page four). I address this further, later in this memorandum. RECOMMENDATIONS AND CONCLUSIONS 1. The Council should address the central question and, if the answer is affirma- tive, the second question: Is a change deemed appropriate, and, if it is, what are the key considerations that should be examined? 2. I strongly advise that, if the Council chooses to pursue this matter, it should only be done in the context of examining and, if necessary, amending the Comprehensive Plan. Bypassing the Comprehensive Plan will not be in the best interests of the City. If the City Council cannot find the proposed use to be consistent with the purpose of the CL Guide Plan Classification, i.e., find a basis for amending the CL Classification to include the proposed use(s), then there really is no legitimate basis for amending the corresponding zoning district. On the other hand, if there is merit found in amending the City's Land Use regulations to allow this particular use in a district which, heretofore, has not allowed it, then I see no difficulty in amending both the Comprehensive Plan and the Zoning Ordinance. 3. There are, as the Fisher Memorandum states, other possible approaches, some communities with freeway frontage have adopted so-called "freeway districts" for land use purposes and for signage purposes. I am not familiar with such Ordinances in detail, but they do exist. Another concept might be the crea- tion of a "freeway overlay district" which would be similar to the Planned Unit Development or Floodplain, whereby, regardless of the specific guiding or zoning, certain specific uses within a certain specific area (defined in the Comprehensive Plan and the Zoning Ordinance) could be allowed. These approaches would need to be carefully and thoroughly researched to see if they are applicable to Plymouth. We have attached a map highlighting the current three commercial/business classifications throughout the City. It is provided not only for that information but also to draw attention to the inter -relationship of all the Land Use Guide Plan classifications. Page four Memorandum to City Manager for City Council Meeting March 28, 1988 Zoning Ordinance Amendment March 24, 1988 RECOMMENDATIONS AND CONCLUSIONS (cont'd) 4. Much of the Fisher Memorandum and much of this memorandum deal with concerns with the mechanism for achieving what this party seeks in the way of land use on a certain piece of property. The key issue which must be resolved before any of this is relevant, is whether the City Council desires the particular land use and resulting land use relationships that would be the net result. Attanhmontc 1. February 15, 1988 Memorandum from ,Attorney Linda Fisher 2. Guide Plan Map JAMES P. LARKIN ROBERT L. HOFFMAN pT T N ,{ LARKII 1 HOFFMANDALY 8C LI\DGREN LTD. DAVID J. PEAT FRANCIS E.GIBERSON JACK F. DALY D. KENNETH LINDGREN MICHAEL T. MCKIM CHARLES R. WEAVER AND REW W. DANIELSON ATTORNEYS AT LAW HERMAN L.TALLE WENDELL R. ANDERSON WILLIAM S. BRANDT GERALD H. FRIEDELL VINCENT G. ELLA ROBERT B. WHITLOCK TRACY R. EICHHORN-HICKS ALLAN E. MULLIGAN ROBERT J. HENNESSEY 1500 NORTHWESTERN FINANCIAL CENTER 2000 PIPER JAFFRAY TOWER ANDREW J MITCHELL JOHN A. COTTER RICKSONJAMESC. E RICKO 7900 XERXES AVENUE SOUTH 222 SOUTH NINTH STREET BEATRICE A. ROTHWEILER PAUL B. PLUNKETT EDWARD J. DRIJAMESP. MILEY AMY DARR GRADY GENE N. FULLER BLOOMINGTON, MINNESOTA 55431 MINNEAPOLIS, MINNESOTA 55402 ALAN L. KILDOW DAVID C. SE LLERGREN KATHLEEN M. PICOTTE NEWMAN RICHARD J. KEENAN TELEPHONE (612) 835-3800 TELEPHONE (612) 338-6610 CATHERINE BARNETT WILSON• JOHN D. FULLMER JEFFREY C. ANDERSON ROBERT E. BOYLE TELECOPIER (612) 835-5102 TELECOPIER (612) 336-1002 DANIEL L. BOWLES FRANK I. HARVEY TODD M. VLATKOVICH RICHARD A. FORSCHLER TIMOTHY J. MCMANUS CHARLES S. MODELL JILL I. FRIEDERS CHRISTOPHER J. DIETZEN GREGORY E. KORSTAD JOHN R. BEATTIE CRAIG A. PETERSON LINDA H. FISHER LISA A. GRAY THOMAS P. STOLTMAN Bloomington GARY A. RENNEKE STEVEN G. LEVIN THOMAS H. WEAVER FORREST D. NOWLIN SHANNON K. MCCAMBRIDGE MICHAEL C. JACKMAN MICHAEL S. COHEN JOHN E. DIEHL DENISE M. NORTON JON S. SWIERZEWSKI GARY A. VAN CLEVE THOMAS J. FLYNN MICHAEL B. BRAMAN JAMES P. OUINN JOSEPH W. DICKER TODD I. FREEMAN JACOVELINE F. DIETZ STEPHEN B. SOLOMON GA LEN L. KNACK PETER K. BECK ROD N EY D. IVES JEROME H. KAHNKE JULIE A. WRASE SHERRI LL OMAN KURETICH CHRISTOPHER J. HARRlSTHAL GERALD L. BECK RONALD M.STAfi K, JR. -- SHARON. L. BRE FIAJOHNB. LUNDOUIST DAYLE NCLAN THOMAS B. HUMPHREY, JR. M E M O R A N D U M OF cOuiISEL iY.IOHN A.Z11lylGH10. ALSOHARD p e.y/ LR Eve PO TO: Mr. Jim Willis, Plymouth City Manager FROM: Linda Fisher DATE: February 15, 1988 RE: Concept for Amendment to Text of Plymouth Zoning Ordinance to Allow Certain Automotive Service Facilities as Conditional Uses in the B-1 Office - Limited Business District Our File No. 15,044-00 As you know, on February 1, 1988, the Plymouth City Council denied H.I. Enterprises' request for an amendment of the land use guide plan from CL Limited Business to CS Service Business for an automotive service center and accessory convenience store on a 2.2 acre site at the southeast corner of Fernbrook Lane and Harbor Lane (the Site). If the land use guide plan amendment had been approved, the applicant would have applied for a rezoning of the Site from B-1 Office -Limited Business District to B-3 Service Business District. The rezoning is required under the current Plymouth Zoning Ordinance because automotive service facilities are neither permitted nor conditional uses in the B-1 district. They are, however, conditional uses in both the B-2 Shopping Center Business District and the B-3 Service Business District. The City Council did not question the appropriateness of the proposed automotive service use for the Site. Rather, the primary concern of the three members who did not support the applicant's request was the possible precedential effect on development of vacant parcels in the northwest quadrant of the I-494/Trunk Highway 55 interchange. Even though the City Attorney advised the council that approval of H.I. Enterprises' request would not automatically require the council to approve similar land use guide plan amendment requests by property owners in this interchange quadrant, the council was not convinced that it would LARKIN-, HOFFMAN, DALY &- LI-DcREN, LTD. Mr. Jim Willis, Plymouth City Manager February 15, 1988 Page 2 be able to adequately distinguish the facts and circumstances of this Site from those presented by future petitioners. At least one city council member also raised the question of an amendment of the text of the Plymouth zoning ordinance to allow automotive service uses as permitted or conditional uses in the B-1 zoning district. This is a concept we discussed briefly with staff almost one year ago and would like to explore further in view of the discussion at the February 1 City Council meeting. You have asked me to provide you a memorandum describing our concept for such a text amendment. The balance of this memorandum describes our preliminary thoughts concerning the text amendment alternative. This is a "bare bones" outline of one method for structuring such a text amendment; there are doubtless a number of other ways to accomplish the same objective, while still addressing city concerns. Please review this memorandum with such staff members as you deem appropriate and with the mayor and other key council members. If there is some interest on the part of the City Council in exploring this matter further, H.I. Enterprises would be happy to work further with staff during the next few months to structure an appropriate text amendment for subsequent hearings before the Planning Commission and City Council. We would also be happy to attend a work session of the City Council, if you think this would be helpful to staff and council members. Description of Conditional Use Alternative for Text Amendment to Plymouth Zoning Ordinance The conditional use alternative requires an amendment to one section of the Plymouth Zoning Ordinance (the Zoning Ordinance): Section 8B - Allowable Uses: Business District. Section 8B, paragraph 2 would be amended to provide that gasoline service stations and minor automobile repair uses are allowed in the B-1 district upon issuance of a conditional use permit provided that certain locational criteria and other limiting standards are met. The suggested criteria include the following: The lot on which such use is located is adjacent to or immediately across the street from) a lot or parcel used for service commercial or retail commercial purposes. The lot on which such use is located is not adjacent to (or immediately across the street from) a lot or parcel used for (or zoned for) residential purposes. The lot on which such use is located is near arterial access points and is located within a reasonable distance of a freeway. LAI:?KI, HOFFMAN-, DALY &- L1 DGRE'N-, LTD. Mr. Jim Willis, Plymouth City Manager February 15, 1988 Paae 3 The proposed automotive service use is essential to the operation of this district (B-1) and provides goods and services which are primarily for the use of persons employed in the district. (This language is similar to the language in Section 8(D)(2)(b) of the Zoning Ordinance which provides that certain retail and service establishments essential to the operation of the Industrial District which provide goods and services which are primarily for the use of persons employed in the district may be developed in the Industrial District upon issuance of a conditional use permit and compliance with the performance standards set forth in Section 8G of the Zoning Ordinance). Advantages of Conditional Use Alternative The conditional use text amendment is an alternative to rezoning of the Site to B-3. It addresses city concerns about the precedential effect of such a rezoning on the development of vacant parcels in the northwest quadrant of the I-494/Trunk Highway 55 interchange. Unlike a rezoning, the conditional use approach limits the allowable commercial use in the B- 1 district to gasoline service stations/minor automobile repairs, and other support service commercial uses that are already allowed in the B-1 district such as motels and hotels, Class I restaurants, financial institutions, and personal service and repair establishments, such as barber and beauty shops. Furthermore, a particular lot or parcel located within the B-1 district would not qualify for automotive service use unless it meets four criteria as follows: 1) adjacency to a lot or parcel used for service commercial of retail commercial purposes; 2) non - adjacency to a lot or parcel used for (or zoned for) residential purposes; 3) located near arterial access points and within reasonable distance of a freeway; and 4) essential to the operation of the B-1 district and providing goods and services which are primarily for the use of persons employed in the district. This was one of the arguments used by H.I. Enterprises to support its land use guide plan amendment -- that the proposed automotive service facility is intended as an amenity to the existing service commercial and office LAI?KI'_\, HOFF'_-IA\, DAILY & LI\DGRE\, LTD• Mr. Jim Willis, Plymouth City Manager February 15, 1988 Page 4 uses in the area and that the primary market for the facility is employees and residents in the Fernbrook Lane/Harbor Lane area. other locational criteria and limiting standards may be suggested by staff and city council. We could assist the staff in analyzing which sites in the B-1 district would be eligible for automotive service use pursuant to this text amendment. It could be made more or less restrictive depending on the concerns of staff, Planning Commission and City Council. The automotive service conditional use in the B-1 district would also be subject to performance standards established by Sections 8F and 8G of the Zoning ordinance. These performance standards involve landscaping, glare, exterior lighting, vibration, noise, odor, smoke, dust, fumes, water, waste, design of public rights-of-way, and roof -top equipment. Requires Planning Commission and City Council review and approval after public hearings. Proponent must prove compliance with Zoning Ordinance findings for issuance of conditional use permits in all districts. See Section 9(A)(2)(a)(1-6) which sets forth findings for issuance of a conditional uses permits as follows: Compliance with and effect upon the Comprehensive Plan. (In this case, the Zoning ordinance would be used to interpret the allowable "universe" of uses that are consistent with the Comprehensive Plan. For example, although the text of the CL section of the Comprehensive Plan deals primarily with high amenity office uses, the existing B-1 zoning district allows certain support service commercial uses as either permitted or conditional uses in the B-1 district. Under Minnesota law, the Zoning Ordinance takes precedence over the Comprehensive Plan. If a use is allowed in the existing zoning district, the applicant can proceed without amending the comprehensive plan.) The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be LAI3KI\`, HOFF!1IA\, DALY &- LI'_DGI?E\ LTD. Mr. Jim Willis, Plymouth City Manager February 15, 1988 Paae 5 detrimental to or endanger the public health, safety, morals, or comforts. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. The establishment of the conditional use will not impede the normal and orderly development of surrounding property for uses permitted in the district. Adequate measures have been or will be taken to provide ingress and parking so designed as to minimize traffic congestion in the public streets. (Consistent with city policy, the city's traffic consultant would prepare a written analysis of the transportation impacts of the proposed conditional use. If, after review of the study and other evidence presented by the applicant or the public at public hearings, the City Council finds that the proposed automotive service conditional use would have a significant adverse impact on the roadway system that was not subject to mitigation, the Council would have a basis for denial of the conditional use permit application.) The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Ensures protection to city upon redevelopment of the Site or other qualifying sites. If the Site which is proposed to be developed by H.I. Enterprises for automotive service use remains zoned B-1, and if the proposed automotive service use vacates the premises several years from the date of issuance of a building permit, re -use of the Site would be limited to another qualifying automotive service use or existing permitted and conditional uses in the B-1 district. With the exception of the automotive service re -use possibility, this is the same situation which exists today in the absence of a text amendment. Other retail or commercial uses would require a rezoning. LARKI\, HOFF-NIA\`, DALY &: Li DGRE\, LTD. Mr. Jim Willis, Plymouth City Manager February 15, 1988 Paqe 6 Building permit and certificate of occupancy controls would require a showing of compliance with minimum parking requirements adopted by the city and with other applicable Zoning Ordinance criteria. cc: Beverly Kottas LHF:AUO PLYMOUTH ZONING ORDINANCE SECTION 8 - NON -RESIDENCE DISTRICTS SUBDIVISION A - PURPOSE AND INTENT: BUSINESS DISTRICTS 1. The Business Districts are established to accomplish the general purpose of the Ordinance and the Comprehensive Plan and for the following specific reasons: a. To group compatible uses which will tend to draw trade that is naturally in- terchangeable and so promotes the business prosperity and public convenience. b. To provide an adequate supply of businesses and professional services to meet the needs of the residents. c. To promote a high quality of total commercial design and development that pro- duces a positive visual image and minimizes the effects of traffic congestion, noise, odor, glare and similar safety problems. d. To allow business development that meets the size, locational and development criteria established in the "Community Structure Concept" of the Comprehensive City Plan. 2. The specific intent of each Business District is as follows: a. The B-1 (OFFICE -LIMITED BUSINESS DISTRICT) is intended to provide a district which is related to and may reasonably adjoin high density or other residen- tial districts for the location and development of administrative office buildings and related office uses which are subject to more restrictive con- trols. The office uses allowed in this district are those in which there is limited contact with the public and no exterior display or selling of merchan- dise to the general public. Such districts will generally be located within the areas indicated for such use on the Comprehensive Plan. b. The B-2 (SHOPPING CENTER BUSINESS DISTRICT) is intended to provide a district which may be applied to land in a single ownership or unified and organized arrangement of buildings and service facilities at key locations which are suitable for such use, which are conveniently located to the residential area they are intended to serve, generally within the areas indicated for such use in the Comprehensive Plan. The type and location of shopping centers shall be governed by criteria in the "Community Structure Concept" in the Comprehensive Plan. c. The B-3 (SERVICE BUSINESS DISTRICT) is designed to furnish areas served by other business districts with wide range of services and goods which might otherwise be incompatible with the uses permitted in the shopping center bus- iness district. This district is intended as a business district which may be located in separate areas adjacent to shopping centers and thus help to keep the basic retail areas compact and convenient, and in other separate areas to provide a district which may be located in close proximity to an arterial street or highway in order that service types of land use can be pro- vided, generally within the areas indicated for such use on the Comprehensive Plan. 8-1 r t LU sl 2 ` M i.. a,. j Gy'l, b0" .. . ' oe vs v ).. ....:: ,%' i .,ems„ rd . 1 G t Z• Cf y ) i; 3 v u ply 3 Z 00 N r c LU T1 i ;^- Q ppyy ;5 a a (!3 f : " ds i? C Cox r— , .i C. %. L a 6,5 $ YMlli^' ^fixCD Hill I C„H CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT TO PLANNING COMMISSION AND CITY COUNCIL REPORT DATE: March 14, 1988 MEETING DATE: March 23, 1988 FILE NO.: 88012 PETITIONER: City of Plymouth REQUEST: Approval of Site Plan for Fire Station III LOCATION: Northeast corner of 33rd Avenue North and Dunkirk Lane GUIDE PLAN CLASS: LA -1 (low density ZONING: MPUD 88-1 residential) BACKGROUND The City Council approved the plat for the site and the Conditional Use Permit for Fire Station III with the approval of the Mixed Planned Unit Development (MPUD) for this property. A courtesy notice has been sent to property owners within 500 ft. of the property, informing them of this meeting. WITiM&I &i 1. The Site Plan complies with the Ordinance provisions and requirements relating to building setbacks, lot coverage by structure, rooftop equipment, landscap- ing, trash receptacles, signage, and site illumination provisions. 2. The petitioner will be asking the City Council for a variance from the Fire Code. Attached is their request along with the Fire Chief's recommendation. 3. Park dedication will be satisfied with the Final Plat, through payment of fees - in -lieu of dedication with appropriate credits in an amount determined accord- ing to verified acreage and paving costs, according to the Park Dedication Policy in effect. 4. The Physical Constraints Analysis identifies that this property is located in the Gleason Lake Drainage District. It does contain some wet lands, but no severe slopes or major woodlands. The soils appear suitable for urban compati- bility with public sewer. PLANNING STAFF COMMENTS 1. The Site Plan complies with the Ordinance minimum standards for the R -1A Zoning District and with the PUD Plan. 2. The fire lane variance will be acted upon by the City Council. I Page two Planning Staff Report for Planning Commission Meeting, March 23, 1988 Site Plan/Fire Station III March 14, 1988 F11101 „moi, 1 11 6 Oli We recommend approval of the Site Plan subject to the conditions listed Recommendation. Submitted by. Blair Tremere, Community Development Director Attarhmantc in the draft 1. Draft Recommendation 4. Fire Chief's Memorandum 2. Location Map 5. Engineer's Memorandum 3. Petitioner's Correspondence 6. Large Plans PLANNING COMMISSION MEETING MARCH 23, 1988 CITY OF PLYMOUTH SITE PLAN FOR FIRE STATION III (88012) WHEREAS, the City of Plymouth has requested approval of a Site Plan to construct Fire Station III to be located at the northeast corner of 33rd Avenue North and Dunkirk Lane; and, WHEREAS, the Planning Commission has reviewed said request and recommends ; 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 construct Fire Station III on property located at the northeast corner of 33rd Avenue North and Dunkirk Lane, 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 Dedication Policy in effect at the time of filing the Final Plat. 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 drainage facility. 4. Submission of required financial guarantee and Site Performance Agreement for completion 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 approv- als per Ordinance provisions. 7. Compliance with the Ordinance regarding the location of fire hydrants and fire lanes. 8. All waste and waste containers shall be stored within the structure, and no outside storage is permitted. 9. An 8 1/2 x 11 inch "As -Built" Fire Protection Plan shall be submitted prior to the release or reduction of any site improvement bonds per City Policy. 10. No Building Permit to be issued until the Final Plat is filed and recorded with Hennepin County. res/march(fire3)1 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: March 8, 1988 TO: Stan Scofield, Fire Inspector FROM: Lyle C. Robinson, Fire Chief SUBJECT: STATION III VARIANCE REQUEST I would like to eliminate the fire lane on the west side of fire station III. I am requesting a variance based on the fact that the west side of the station will be bermed for aesthetic purposes and there will be no access into the building from that side. The berming will have the effect of lowering the profile of the fire station and thus reduce the impact on the adjacent neighborhood. LCR:ly 0t Z I MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: March 9, 1988 TO: Al Cottingham, Associate Plann r - FROM: Stan Scofield, Fire Inspector SUBJECT: FIRE LANE VARIANCE REQUEST FOR FIRE STATION III The Fire Department will grant the requested variance to the fire lane on the west side of Fire Station III. The request is granted based on the explanation on the attached request and the fact that the building will be totally sprinklered. LSS:ly attachment: Lyle C. Robinson Memo v City of Plymouth E N G I N E E R' S M E M O to Planning Commission & City Council DATE: March 16, 1988 FILE NO.: 88012 PETITIONER: Richard J. Carlquist, Director of Public Safety, City of Plymouth, 3400 Plymouth Boulevard, Plymouth, Mn. 55447 SITE PLAN: Fire Station No. 3 LOCATION: East of Dunkirk Lane, North of 33rd Avenue in the northeast 1/4 of Section 30. ASSESSMENT RECORDS: N/A Yes No 1. X Watermain area assessments have been levied based on proposed use. 2. X Sanitary sewer area assessments have been levied based on proposed use. 3. X SAC and REC charges will be payable at the time building permits are issued. These are in addition to the assessments shown in No. 1 and No. 2. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of Site Plan approval: None 4. Area assessments estimated - 5. Other additional assessments estimated: The assessments for 33rd Ave. and Black Oaks Lane Street and Utility Project 817 will be detailed in the Development Contract. LEGAL/EASEMENTS/PERMITS: 6. X Property is one parcel - The approval of the site plan as proposed requires that a lot consolidation be approved by the City Council and the necessary resolution should be processed at the same time as the site plan approval. Will comply when the final plat of Dunkirk Meadows is filed. N/A Yes No 7. _ _ X Complies with standard utility/drainage easements - The current City ordinance requires utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. (If easements are required it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) See Item 6. 8. X Complies with ponding requirements The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's comprehensive storm water requirements. See Item 6. 9. X All standard utility easements required for construction are provided - The following easements will be required for construction of utilities. See Item 6. 10. X All existing unnecessary easements and rights-of-way have been vacated - It will be necessary to vacate the obsolete easements/right-of-way to facilitate the development. It should be noted that this vacation is not an automatic process in conjunction with the platting process. It is entirely dependent upon the City receiving a petition for the vacation from the property owner; therefore, it is their responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 11. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 2- N/A Yes No 12. X All necessary permits for this project have been obtained - The following permits must be obtained by the developer: X DNR MN DOT Hennepin County X MPCA X State Health Department Bassett Creek X Minnehaha Creek Elm Creek Shingle Creek X Army Corps of Engineers Other 13. X _ Complies with Storm Drainage Plan - The site plan will be submitted to the City's consulting engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The grading and drainage plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: 14. X Necessary fire hydrants provided - The City of Plymouth requires that all parts of a building such as the one proposed be within 300 feet of a fire hydrant. It will be necessary to locate hydrants in such a manner that the site plan complies with this section of the City Ordinance. 15. _ X Size and type of material proposed in utility systems has been provided The utility plan shall be revised to indicate the size and type of material required in the proposed sanitary sewer, watermain services and storm sewer. 16. _ X Post indicator valve - fire department connection It will be necessary to locate the post indicator valve in such a manner that it will not render any of the existing fire hydrants inoperable. 3- N/A Yes No 17. _ X _ Hydrant valves provided - All new fire hydrants shall be valved with 6" gate valves per City Engineering Guidelines Detail Plate No. W-2. This plate should be referenced on the site plan. 18. _ X Sanitary sewer clean -outs provided - It will be necessary to provide clean -outs on the proposed internal sanitary sewer system at a maximum of 100 foot intervals. 19. X _ Acceleration/deceleration lanes provided - Acceleration/deceleration lanes are required at the intersection of and 20. _ X All existing street right-of-ways are required width - Additional right-of-way will be required on As shown on the Preliminary Plat. 21. _ X _ Complies with site drainage requirements - The City will not permit drainage onto a City street from a private parking lot; therefore, the site plan shall be revised accordingly. 4- N/A Yes No 22. _ _ X Curb and gutter provided - The City requires B-612 concrete curb and gutter at all entrances and where drainage must be controlled, Curb Stone may be used where it is not necessary to control drainage. For traffic control either B-612 or curb stone is required around the bituminous surfaced parking lot. The site plan shall be revised to indicate compliance with this requirement. Bituminous curb may be used for the temporary drive to Dunkirk Lane. A detail of the B612 curb and gutter shall be shown on the Site Plan. 23. _ _ X Complies with parking lot standards - The City will require that all traveled areas within the parking lot, as well as the proposed entrances, shall be constructed to a 7 -ton standard City design with six inches of Class 5 100% crushed limestone and three inches of 2341 wear or five and one-half inches of 2331 base and two inches of 2341 wear. All parking areas may be constructed to a standard 5 -ton design consisting of four inches of Class 5 100% crushed base and two inch bituminous mat. The site plan shall be revised to indicate compliance with these requirements. The bituminous detail shall be shown on the Site Plan. STANDARDS: N/A Yes No 24. _ X It will be necessary to contact Bob Fasching, the City's utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City's right-of-way. All connections to the water system shall be via wet tap. 25. _ X The City will require reproducible mylar prints of sanitary sewer, water service and storm sewer As-Builts for the site prior to occupancy permits being granted. 26. X The site plan complies with the City of Plymouth's Engineering Standards Manual dated 1985. See Item 5. 6, 7. 8. 9, 12, 23 and 24. 5- SPECIAL CONDITIONS REQUIRED: 27. A. A Building Permit shall not be issued prior to filing the final plat of Dunkirk Meadows. B. A Building Permit shall not be issued prior to the contract for Project 817 being awarded. C. The percent of grade for the sanitary sewer is 0.40% not 0.60% as shown on the site plan. Submitted by: Chester J arrison, Jr., P. . City Engineer REPORT DATE: FILE NO.: PETITIONER: REQUEST: X3:3 CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT TO PLANNING COMMISSION AND CITY COUNCIL March 14, 1988 88018 MEETING DATE: March 23, 1988 Robert Wachter, Dimension Development Company, Inc. Residential Planned Unit Development Concept Plan for 80 Units of Single Family Detached Housing and 40 Townhouse Units on a 40 acre site. LOCATION: Southwest of Juneau Lane and County Road 9 GUIDE PLAN CLASS: LA -2 (low medium density ZONING: FRD (future restricted residential) development) BACKGROUND There have been no previous planning applications for this property. A Public Hearing Notice has been published in the legal newspaper and property owners within 500 ft. have been notified. A development sign was placed on the property. ANALYSIS 1. The proposal calls for the property to be developed within the Planned Unit Development provisions as stated in the Zoning Ordinance. The proposal is described in the first two pages of the Project Narrative. The natural amenities of the project are identified and the design goals are described. 2. The Zoning Ordinance directs the Planning Commission to consider the following when reviewing a Concept Plan: A. The relationship of the proposal to the surrounding neighborhood. The adjoining property to the east is designated within the LA -2 (low medium density residential) classification on the Comprehensive Plan and is developed with single family and twin homes. The adjoining property to the west is located within the LA -2 and LA -3 (hiqh medium density residential) classifications of the Comprehensive Plan and is developed with quadra- miniums. The adjoining property to the north is located within the LA -1 low density residential) designation of the Guide Plan and is developed with single family homes. The adjoining property to the south is located within the Public and Semi -Public designation and is developed with a City park. This property is located within the LA -2 designation. B. Compliance with City Ordinance and the Comprehensive Plan. Page two Planning Commission Meeting March 23, 1988 Robert Wachter, Dimension Corporation, Inc. March 14, 1988 1.) It is at this stage that the Planning Commission is to determine if the proposal meets the expected Attributes for a Planned Unit Development (PUD) as stated in Section 9, Subdivision D., of the Zoning Ordinance. A copy of the Attributes is attached for reference. It is suggested that the Plan- ning Commission, for purposes of making this decision, answer the following questions. If one or more of these questions is answered negatively through discussion, then the merits of this design as a PUD is not warranted. a.) Are there benefits of new technology and building design, construc- tion, and development? b.) Did the petitioner use trained and experienced professionals to pre- pare the plans? c.) Is the layout more efficient and effective in streets, utilities, and public facilities to yield a high quality development at a lesser cost? d.) Is there more useable and suitably located recreational facilities and other public and common facilities than would otherwise be provided under conventional land development procedures? e.) Does the layout preserve and enhance desirable and natural site characteristics? 2.) The petitioner is requesting the allocation of 1 bonus point based on providing a variety of housing types, detached single family with attached housing at 40% or less. This would allow a density of 3.2 units per acre for that land above the 100 -Year High Water Elevation. 3.) The Thoroughfare Guide Plan identifies that County Road 9 is a minor arter- ial and that additional right-of-way is needed for widening this road. 4.) The Comprehensive Park Plan calls for a portion of a community playfield to be located along the southern edge of the subject property, with a Class I trail located on the south side of County Road 9. The proposed Concept Plan designates the required park and trail lands. 5.) The petitioner is anticipating lot coverage that exceeds the 20% allowed by Ordinance for the single family lots with a width of less than 70 ft. and, for the multi -family homes. This issue will be reviewed at the preliminary plan/plat application stage for this property. PLANNING STAFF COMMENTS 1. The proposed Planned Unit Development (PUD) does demonstrate that unusual features of the property are considered as part of this proposal. The expected PUD Attributes have been satisfied. Specifically, demonstrated benefits of new P Planning Commission Meeting March 23, 1988 Robert Wachter, Dimension Corporation, Inc. March 14, 1988 technology and building design, construction, and land development; a more efficient use of streets, utilities, and public facilities; useable and suit- ably located recreational facilities; and, preservation and enhancement of the natural site characteristics have been demonstrated as merits for Planned Unit Development status. 2. With the PUD Preliminary Plan/Plat application, the petitioner should address screening and transition along County Road 9. 3. Rationale for the need to exceed the Ordinance maximum lot coverage should also be provided then, with evidence as to why the excess is needed. The Council has not entertained such requests until and unless the developer can show the need on specific lots after the completion of mass grading. RECOMMENDATION We recommend approval of the proposed Planned Unit Development Concept Plan on the basis that the proposal does meet the Ordinance provisions for Planned Unit Developments. We do not recommend any ground coverages in excess of the 20% Ordinance standard. Submitted by: r T1=emere, Community Development Director Attanhmantc 1. Recommendation 2. Location Map 3. PUD Attributes 4. Engineer's Memorandum 5. Project Narrative 6. Large Plans PLANNING COMMISSION MEETING MARCH 23, 1988 RESIDENTIAL PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR ROBERT WACHTER, DIMENSION DEVELOPMENT COMPANY, INC. (88018) WHEREAS, Robert Wachter, Dimension Development Company, Inc. has requested approval of a Residential Planned Unit Development Concept Plan for the development of "Parkview Ridge" a proposal for 80 single family detached units and 40 attached townhome units on approximately 40 acres located southwest of Juneau Lane and County Road 9. WHEREAS, the Planning Commission has reviewed the request at a duly called Public Informational Hearing and has recommended ; NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the Residential Planned Unit Development Concept Plan for Robert Wachter, Dimension Development Company, Inc., for a development to be known as "Parkview Ridge" consisting of 80 single family detached dwelling units and 40 multi -family attached townhomes on approximately 40 acres located southwest of Juneau Lane and County Road 9, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Staging of the development shall be in accordance with utility availability as approved by the City Engineer. 3. Maximum density shall be 3.2 units per acre for the land at or above the established high water elevation per the adopted City Storm Water Drainage Plan as verified by the City Engineer. Density bonus points are assessed as follows: a) + 1 for housing mix. 4. The preliminary plat/plan application shall include an explanation of any request for lot coverage over 2.0%. No ground coverage in excess of Ordinance standard is approved. 5. Draft restrictive covenants for the private open areas shall be submitted with preliminary plat/plan application. 6. An entrance off County Road 9 shall be provided for construction vehicles, and all construction traffic shall access the property from County Road 9, until the first home is certified for occupancy. 7. No private drive access shall be permitted to County Road 9; all private drives shall be provided by internal public streets. res/march( parkview)1 i e_ _ IBM IVIEW. pp i p1 ®°tee .oa Iilllill v ;; r s f.. PM A 7rR / sur S c. The benefit to the developer is one of design and development flexibility; in order to utilize this flexibility, the developer has the responsibility to demonstrate that its utilization does indeed provide a development which has substantial attributes to enhance the particular area or the City in total. Expected attributes are: 1) Benefits from new technology in buildina desion, construction and land development. 2) Higher standards of site and buildina design through use of trained and experienced professionals in Land Plannina, Architecture and Landscapina to prepare plans for Planned Unit Developments. 3.) More efficient and effective use of streets, utilities and public facil- ities to yield high quality development at a lesser cost. 4) More useable and suitably located recreation facilities and other public and common facilities than would otherwise be provided under conven- tional land development procedures. 5) Demonstration of affirmative design efforts toward the preservation and enhancement of desirable natural site characteristics. Amended Ord. No. 82-15) Seer 9, 6txabg pi-YMOMW Zcw/*% Opo 14 ^ NGE CITY OF PLYMOUTH ENGINEER'S MEMO to PLANNING COMMISSION AND COUNCIL MEMBERS DATE: March 17, 1988 FILE NO.: 88018 PETITIONER: Mr. Robert G. Wachter, Vice President, Dimension Development Company, Inc., 1700 Pacific Avenue, No. 4500, Dallas Texas 75201 CONCEPT PLAN: "Parkview Ridge Addition Proposed Development located on Parcels 16-118- 22-42-0001, 0002, 0003 and 0004" This memo was prepared in response to the request for conceptual approval for the above referenced property. Documents in support of the request were submitted by McCombs Frank Roos Associates, Inc. and received in this office on March 3, 1988. 1) Our assessment records indicate that this property will be assessed for additional sanitary sewer area charges and water area charges. 2) The amount of additional right-of-way for County Road 9 will be determined by Hennepin County. 3) The Wetland area in the northwest corner of the site adjacent to County Road 9 is not part of the City's Comprehensive Storm Sewer Plan or DNR Wetland. However, the developer shall provide some storage for ponding in this area. 4) The Comprehensive Storm Sewer Plan shows Pond BC -P8 borders the south boundary of the proposed plat. Drainage easement for ponding purposes shall be provided to an elevation of 953.0. 5) The City will require utility and drainage easements 10' in width adjoining all streets and 6' in width adjoining side and rear lot lines. 6) The City will require 10' utility and drainage easements for proposed utilities along the lot lines where these utilities are proposed. 7) The developer will be responsible for the construction of necessary watermain, sanitary sewer, storm sewer and streets to serve the site. 8) The City will require final plan and profile of proposed sanitary sewer, watermain, streets and storm sewer plus an Erosion Control Plan in accordance with our Engineering Guidelines. 9) The City will require a Storm Drainage Plan showing proposed finished contours and/or arrows indicating how the proposed plat will ultimately drain. This material must be submitted in conjunction with proposed storm sewer plans. The City will then review the proposed Storm Drainage Plans to make sure they are in compliance with the City's Comprehensive Plan for Storm Drainage Systems. I ENGINEERING MEMO - CONCEPT PLAN Page Two 10) The following utilities have been stubbed to the site: 38th Avenue North 8" watermain 40th Avenue North 8" watermain and sanitary sewer, invert elevation 955.38 39th Avenue North 6" watermain and sanitary sewer, invert elevation 953.46 A 21" storm sewer outlet south of 39th Avenue 11) The existing width of 38th Avenue is 40' wide. This may be transitioned to a standard residential City street, from the west plat line within the first 400 feet. 12) Interior right-of-way may be 50 feet wide. 13) The swale along the east property line is proposed to be filled with all the drainage being carried by pipe from north of County Road 9 south to 39th Avenue. The existing 21" storm sewer at 39th Avenue may have to be increased in size to handle the flow. SUBMITTED BY: ,1 Chester J. H rrison, Jr., P. City Engineer