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Home My WebLink AboutCity Council Packet 07-23-1997CITY OF PLYMOUTH AGENDA REGULAR COUNCIL MEETING JULY 23, 1997 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 7:00 P.M. 2. ROLL CALL 3. PLYMOUTH FORUM - Individuals may address the Council about any item not contained on the regular agenda. A maximum of 15 minutes is allotted for the Forum. If the full 15 minutes are not needed for the Forum, the City Council will continue with the agenda. The City Council will take no official action on items discussed at the Forum, with the exception of referral to staff or Commission for future report. 4. PRESENTATIONS AND PUBLIC INFORMATION ANNOUNCEMENTS A. Proclamation of National Night Out on August 5 5. APPROVE AGENDA - Councilmembers may add items to the agenda including items contained in the Council Information Memorandum for discussion purposes or staff direction only. The Council will not normally take official action on items added to the agenda. 6. CONSENT AGENDA - These items are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. A. Approve Disbursements B. Receive Petition and set Public Hearing on Vacation of Utility Easement reserved within Outlot A, Carlson Center 12`' Addition Items require 5 affirmative votes of the City Council for approval. REGULAR COUNCIL MEETING July 23, 1997 Page 2 C. Award Contract for Towing and Impoundment of Vehicles D. Receive Report on Deer Management Program and Authorize 1997 Program E. Approve Site Plan Amendment to allow construction of a garage at 11015 Old County Road 15. Plymouth Apostolic Lutheran Church. 97068) F. Approve Site Plan Amendment to construct a second floor and partial third floor addition to the existing office building at 1100 Xenium Lane North. The Site Plan Amendment includes installation of 97 new parking spaces south of the existing office parking lot. Buhler, Inc. (97090) G. Approve Conditional Use Permit and Site Plan Amendment to locate a 130 -foot wireless communication tower with two sets of antennas on the site of Endurance Transmission, 3515 Highway 169 North. American Portable Telecom. (97045) H. Approve Conditional Use Permit for a rear yard setback encroachment to allow enclosure of a deck at 11310-36`' Place North. Landmark Design and Build Inc. (97065) I. Authorize staff to Solicit Proposals for Consulting Services for the Comprehensive Plan Update J. Authorize staff to submit Application to Metropolitan Council for Livable Communities Demonstration Account Funding for the Village at Bassett Creek Proposal from the Rottlund Company. Application is due August 8.) K. Amend City Code regarding the Licensing and Sale of Tobacco and Related Products L. Approve Addition of Discussion of Council Procedures and Scheduling to July 29, 1997 Special Council Meeting M. Direct staff to consider additional language with reference to Handicapped Accessible Housing in the City Housing Plan requested by Councilmember Johnson) Items require 5 affirmative votes of the City Council for approval. REGULAR COUNCIL MEETING July 23, 1997 Page 3 N. Adopt resolution of support for improvements to County Road 101 from Highway 55 to County Road 24 O. Approve Change Order No. 3 for 1995 Park Trail Improvements, Project 417 P. Award Contract for Vicksburg Lane Improvements, Project 7010 Q. Approve Certificate of Exemption for Wetland Conservation Act Electro Mechanical Industries, south of 10' Avenue and east of Xenium Lane R. Approve State Contract for Radiological Response 7. PUBLIC HEARINGS A. Approve Off -Sale 3.2 Malt Liquor License for H. I. Enterprises, Inc, d/b/a Carlson Parkway Holiday Stationstore #561 B. Vacation of Easements: 1) Drainage and Utility Easement; Lots 11 and 12, Block 1, Savannah Addition 2) Drainage and Utility Easement; Outlot D, Willow Grove Office Park First Addition 3) Part of West Medicine Lake Drive Street Right -of -Way adjacent to Lot 22, Block 1, Elmhurst Gateway 2 n Addition 8. GENERAL BUSINESS A. Approve a Preliminary Plat to divide a parcel into two lots for property located at 4265 Fernbrook Lane North. Charis Homes, Inc. (96186) B. Approve Conditional Use Permit to operate All Auto Fix, Inc., a minor automobile repair business and Interim Use Permit for parking reduction for property located at 3435 Highway 169. Gene and Nelli Sivriver. (97057) Items require 5 affirmative votes of the City Council for approval. REGULAR COUNCIL MEETING July 23, 1997 Page 4 9. REPORTS AND STAFF RECOMMENDATIONS A. 1996 Audit Report B. Establish Study Session on Enforcement Issues (requested by Councilmember Black; continued from June 18 and July 9) C. Comment regarding procedure approving Stop Sign Installation at 32'/34`' Avenue and Zircon Lane (requested by Council - member Johnson; continued from July 9) D. Report on League of Minnesota Cities Conference (requested by Councilmember Johnson; continued from June 18 and July 9) E. Report on Issues before the Public Safety Subcommittee (requested by Councilmember Black; continued from July 9) F. Street Assessment Subcommittee (requested by Councilmember Johnson; continued from July 9) 10. ADJOURNMENT Items require 5 affirmative votes of the City Council for approval. MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447 DATE: July 18, 1997 TO: Mayor and City Council FROM: Dwight D. Johnson, City Manager SUBJECT: Summary of Agenda Items for July 23, 1997 Note: I will be on vacation from July 21-29. Kathy Lueckert will be acting Manager, and you may address agenda and other questions to her next week. 6C. Award towing contract. Each year, the City orders over 1,400 vehicles towed. Our towing contract goes for three years. Staff is recommending the higher of the two bids because the low bidder does not meet specifications. In particular, the low bidder does not have a lot with sufficient space within two miles of Plymouth. 6G. Communications tower, 3515 Highway 169. This tower would be used by both APT and US West. Evidence has been presented to staff that the New Hope water tower would not work for at least one of the users. This tower was previously proposed on school/park property on the east end of Plymouth Middle School. The new site, which is adjacent to Highway 169 in a commercial area, is more appropriate. 7A. Liquor License, Carlson Parkway Holiday store. No problems have been identified in review of applicant or premises. Staff recommends approval. 7B. Vacation of easements. All three applications should be non -controversial. 8A. Preliminary Plat to divide property at 4265 Fernbrook into two lots. The applicant pulled this from the last consent agenda. The only issue is whether or not the applicant will be restricted to one driveway access to Fernbrook, or be allowed two. Fernbrook is a major collector, and City policy seeks to limit access points on such roads for safety reasons. 8B. Conditional Use Permit for All -Auto Fix, Inc. This is notable since it is the Can -Do site. The only formal issue is a legal dispute about whether the applicant has proper rights to an easement area for parking purposes. The City Attorney has reviewed it and has determined that the applicant has sufficiently documented his rights to the parking area. Informally, the issue may be whether or not the City can be trusted to enforce its ordinances if any violations occur with this business. Some differences with Can -Do are: (1) this will be an owner occupant, and (2) there will be a Conditional Use Permit which can be reviewed, amended, or terminated. 9A. 1996 Audit Report. Council previously approved the audit, but time did not allow for any presentation or discussion at that meeting. The auditors gave the City an unqualified opinion, which is the best statement they can make. Their management recommendations are included as well as a staff response. 9B -F. These items are all holdover items from previous meeting(s). MAJOR ISSUES LIST Updates as of July 18, 1997 in BOLD Item Comment First or Next Offcial Action 1 Hans Hagen Development 2 Gramercy Park Neighborhood meeting was held June 3rd. Hagen has extended review deadline to Sept. 19th. New site plan received showing smaller building footprint, and more preservation of tree and wetland buffers. August 12th PC August 26th PC 3 Cellular antennas -Plymouth Middle School New application made for 132' antenna on commercial property to east. US West to co -locate on this tower, if approved. July 8 to PC July 23 to CC 4 Rottlund Development -Senior Housing New plan received with no single family homes. Plan submitted August 12th PC has insufficient parking. Senior Citizen complex still planned. 5 Town and Country-reguiding LA -2 vs. LA -3 Hearing postponed by applicant. Waiting for traffic study. August 12th PC Traffic Study underway for alternative site access points. 6 Shenandoah Apartment Complex Original proposal of 105 units re -designed to 64 units. August 6th CC Approved at Planning Commission. 7 Shenandoah Townhomes Financing Request Ordinance creating Housing Area passed June 18th. 45 day Study session on protest period started. Study session established for July 29th. July 29th 8 LifeTime Fitness/Plymouth Ice Arena Both indoor pools open at LifeTime. Second ice sheet open. Study session on Outdoor pool open. USA hockey tournament netted $19,000. July 29th 9 Activity Center Council approved RFP for architects on June 18th. Both School Approve architect District 281 and 284 expressed interest in a Family Resource Center in August 10 New High School/Peony Bridge Project Bridge complete except painting; road and utilitites by August 1 st Will be limited to two lanes until next year due to sewer settling. 11 Harbor Lane Street Reconstruction Bids received and under budget. Contract awarded May 28th Construction began July 7th. 12 Ridgemount Street Reconstruction Contract awarded June 18th. Construction began June 25th. 13 Vicksburg Street Reconstruction Project approved 6/4. Plans approved June 18. Bids received and Bids July 23 meeting under estimate. 14 Zachary Lane Reconstruction Consultant selected June 18. Preliminary design and neighborhood meetings later in summer. 15 Cimmaron East Street Reconstruction Plans approved 5/28, assessment hearing and award on July 9th. Construction to begin about August 1st. 16 Flood Relief -City efforts Work in Hendrum was completed successfully last weekend with four city workers and four pieces of equipment. 17 Parkers Lake industrial park-Lavander Loading docks too close to residential area. PC recommended August 26th PC denial. Applicant withdrew application and is resubmitting. 18 Ameridata Final agreements signed by all parties. Council approved May 28 Done 19 Parkers Lake Commercial Site Letter received from Mpis. Commercial buyer has withdrawn. August 12th PC Plan for assisted living for Alzheimers patients submitted. 20 New Moen Leuer project -36th Avenue Passed PC on May 13th. Interim use permit to stockpile dirt requested. Done Project approved June 4th. 21 Can -Do Zoning Violation Report made to Council May 28th. Staff believes Can -Do is still there. July 23 to CC CUP application for new auto repair shop approved by PC. 22 Zoning Ordinance Updates Workshop with PC planned for early August Aug. 4th PC, 7 pm 23 Elim Homes Staff reviewing EAW. Public meeting at Sept. 9th PC. September 9 PC 24 Plymouth Ponds (Moen-Leuer) follow-up issues No action taken by Council July 9th. Application for outdoor trash containers has been approved. 25 US West -cellular tower at Co. Rd 9/Fembrook US West seeking to go on to an NSP tower instead of residential area. No formal application yet. 26 Water shortage Usage has been a reasonable 13-15 million gallons/day since 6/15. Was 24 mgpd. 27 US West PCS tower at 15th & Xenium US West wishes to place a new 75' tower on their own property rather than on nearby City water tower. 28 County Communciations Antenna -Workhouse County proposes a 330 foot tower at workhouse to replace existing September 9 PC antenna. Would have daytime "strobe" lights. An EAW is 29 automatically required. Does not meet current zoning ordinance. EAW draft under review. Public meeting at PC Sept. M. 30 PROCLAMATION WHEREAS, the National Association of Town Watch is sponsoring a unique, nationwide crime and drug prevention program on August 5, 1997 called "National Night Out"; and WHEREAS, the "14th Annual National Night Out" provides a unique opportunity for Plymouth to join forces with thousands of other communities across the country in promoting cooperative, police/community crime and drug prevention efforts; and WHEREAS, Neighborhood Watch Organizations play a vital role in assisting the Plymouth Public Safety Department through joint crime and drug prevention efforts in Plymouth and is supporting "National Night Out 1997" locally; and WHEREAS, it is essential that all citizens of Plymouth be aware of the importance of crime prevention programs and impact that their participation can have on reducing crime and drug abuse in Plymouth; and WHEREAS, police -community partnerships and neighborhood safety and awareness and cooperation are important themes of the "National Night Out" program; NOW, THEREFORE, I, Joy Tierney, Mayor of the City of Plymouth, do hereby call upon all citizens of Plymouth to join the Plymouth Public Safety Department and the National Association of Town Watch in supporting the "13th Annual National Night Out' on August 6, 1996. FURTHER, LET IT BE RESOLVED THAT, I, Joy .Tierney, Mayor of the City of Plymouth, do hereby proclaim Tuesday August 5,1997. NATIONAL NIGHT OUT in the City of Plymouth and encourage all citizens to participate in this important event. joy Tierney Mayor Agenda Number: ( Oki. TO: Dwight D. Johnson, City Manager FROM: Dale E. Hahn, Director of Finance & Information Technology SUBJECT: Disbursements DATE: Monday July 14, 1997 for the City Council Meeting July 23, 1997 1. PROPOSED MOTION: To adopt the attached resolution approving the disbursements for the period ending July 11, 1997. 2. DISCUSSION: Shown below is a listing of disbursements for the various funds for the period ending July 11, 1997: Anchor Bank General $ 440,669.18 Construction & Debt Service $ 627,902.41 Enterprise $ 412,602.10 Housing & Redevelopment Authority $ 88,457.95 GRAND TOTAL FOR ALL FUNDS $1,569,631.64 Dale E. Hahn 3. RECOMMENDATION: I hereby approve the attached listing of disbursements and recommend same for payment. 64W <` . % Wyw-4111 Wight D ohnson CITY OF PLYMOUTH RESOLUTION NO: 97 - APPROVING DISBURSEMENTS FOR THE PERIOD ENDING JULY 11, 1997 WHEREAS, a list of disbursements for the period ending as presented to the City Council for approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the payment of the list of disbursements of the following funds is approved: First National Bank of Wayzata General $ 440,669.18 Construction & Debt Service $ 627,902.41 Enterprise $ 412,602.10 Housing & Redevelopment Authority $ 88,457.95 GRAND TOTAL FOR ALL FUNDS $ 1,569,631.64 Adopted by the City Council on July 23, 1997. ri II 1.1 r n o 0 a) W 00 0 0 z r- w ui ui CIO n an M m I M r 01 I1 a I1 mu u m 7 a m o 0 m N Q C x h uvAU m n n o 0 m ao W 0 0 I O I C7 ao n an M I 1 M n 111 I r r o 0 0 0 0 0 0 I JJ W W O O O O O O O 1 a) I `j. r Ln N O O O In O O I m r O, M I!1 1n OD Ln r I M H N H r m m a) C r l a.) 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W ro a) H H QI O to U C ro U C H R 0 N 4) 1 a oN a a° H x° a ro o a m meq, Id 4J 13 w F° W O z v z oz a z z uz o z Hz x w rn w w w 0 w 14 w U w H w I u a H a H a 0 a J a a c a a a-4 a a a 1 v a a a w w H 9 3 3xwODwwwwwwww u w H w w m OD to co m n z N z at z n z M z M z O z H z n z m z H 00 m O w O m O m O o O m O H O H O t0 O n O H O H O H O H O H H H O H H H H H O H H H F H F H H H F H H H H H F H H H F H F H ai U U U U U U U U U U a w w w w w w w w w w i to w w W m w w w w w u rofCh q ro m 01 Ot t0% ON h Ot m t0; 1 5 ro to ro 5 i 5 ro 5 ro t ro 5 ro H a) L aD aD tJ u AJ jJ 4J aJ 0 H H H H H H H H HHH 49a 4.a 4.a k4. . 4 a a a a cria U r r r r r n r r r r m H m m m m m m m m ON m v v aui v d v v v aui v ro O NH H U H U H U H U H U H U H U H U H U H U U t H N M d' to t0 r w m O aJrHHHHHHHHHNto N W V' v eM T v v d tD to X rx V. w w v w VV v v w q ko x w pro a aito Mw W. Agenda Number: DATE: July 7, 1997 for the City Council Meeting of July 23, 1997 TO: Dwight D. Johnson, City Manager through - Fred G. Moore, P.E., Director of Public Works FROM: Daniel L. Faulkner, P.E. City Engineer SUBJECT: PROPOSED VACATION OF UTILITY EASEMENT RESERVED OVER A POND EASEMENT VACATED MAY 7, 1997 WITHIN OUTLOT A, CARLSON CENTER 12TH ADDITION ACTION REQUESTED: Make a motion to adopt the attached resolution setting a public hearing for August 20, 1997 at 7:00 p.m. to consider the vacation of a utility easement reserved over a pond easement vacated May 7, 1997 within Outlot A, Carlson Center 12' Addition. BACKGROUND: Larry Chiat representing Carlson Real Estate Company has petitioned for the vacation of utility easement reserved over a vacated pond easement within Outlot A, Carlson Center 12' Addition. The utility easement reserved is not required. All necessary utility easements have been dedicated on the final plat of Carlson Center 15' Addition. RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council adopt the attached resolution setting a public hearing to consider the vacation of the utility easement reserved over the vacated pond easement within Outlot A, Carlson Center 12' Addition for August 20, 1997. Daniel L. Faulkner, P.E. attachments: Resolution Petition Map Ply_nt\ntdiskl\PW\Engineering\VACATION\MEMOS\ORDER\outlotl_carlson 12.doc r CITY OF PLYMOUTH RESOLUTION NO. 97 - ORDERING PUBLIC HEARING ON THE VACATION OF EASEMENT RIGHTS FOR UTILITY PURPOSES OVER AND ACROSS THE POND EASEMENT GRANTED TO THE CITY PURSUANT TO PARAGRAPH EIGHT OF THAT CERTAIN DECLARATION OF EASEMENT AND REAL COVENANTS DATED FEBRUARY 15, 1994, CONTAINED WITHIN OUTLOT A, CARLSON CENTER 12TH ADDITION WHEREAS, pursuant to M.S.A. 412.851 and the City Charter Section 12.06, Larry Chiat on behalf of Carlson Real Estate Company has petitioned the City Council for the vacation of the following reserved easement rights for utility purposes created by Document No's 2595615 and 6408509: All of that utility easement reserved over and across the pond easement described as follows and recorded in Document No's 2595615 and 6408509. The pond easement over, under, and across Outlot A, Carlson Center 12' Addition to be vacated is described as follows: Commencing at the most northerly corner of said Outlot A; thence south 61 degrees 23 minutes 46 seconds east assumed bearing along the northeasterly line of said Outlot A; thence south 72 degrees 24 minutes 43 seconds east a distance of 78.73 feet; thence south 8 degrees 50 minutes 25 seconds east a distance of 237.67 feet to the point of beginning; thence south 81 degrees 09 minutes 39 seconds west a distance of 85 feet; thence south 17 degrees 47 minutes 42 seconds west a distance of 157.52 feet; thence south 87 degrees 40 minutes 10 seconds east a distance of 35.00 feet; thence south 02 degrees 19 minutes 50 seconds west, a distance of 48.81 feet; thence south 87 degrees 40 minutes 10 seconds east a distance of 20 feet; thence north 2 degrees 19 minutes 50 seconds east a distance of 35 feet; thence north 81 degrees 09 minutes 39 seconds east a distance of 104.33 feet to the easterly line of said Outlot A; thence north 08 degrees 50 minutes 25 seconds west a distance of 165 feet to the point of beginning. AND WHEREAS, the City Council has reviewed said request and found the same to be in order; G:\PVAEoghwering\VACATION\RESOL\OItDE3L\outItA—Carlml2.doc Resolution No. 97 - Page Two NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That it should, and hereby does, establish the date of August 20, 1997 at 7:00 p.m. in the Council Chambers, Plymouth City Center, 3400 Plymouth Boulevard, as the time and place for the public hearing of said petition and directs the administrative staff to publish notice of said hearing as provided by law. Adopted by the City Council on July 23, 1997. G:\PW\Fngineering\VACAnON\RFSOL\ORDPR\a tltA_CarlsnU.doc CARLSON REAL ESTATE COMPANY June 30, 1997 Daniel L. Faulkner, P.E. City Engineer City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447-1482 RE: Request for Amendment of Resolution No. 97-276 Dear Dan: In response to the request of Carlson Real Estate Company, the City Council of the City of Plymouth adopted Resolution No. 97-276 on May 7, 1997, in order to authorize the vacation of the pond easement granted to the City pursuant to Paragraph 8 of that certain Declaration of Easements and Real Covenants dated February 15, 1995. On behalf of Carlson Real Estate Company, I would like to request that the following changes be made to Resolution No. 97-276, either through adoption of a new resolution to entirely supersede the original resolution, or through adoption of a new resolution which amends certain provisions of the original resolution: The date of the Declaration of Easements and Real Covenants as set forth in the title of Resolution No. 97-276 and in the first and sixth recital clauses thereof should be corrected from February 15, 1994 to February 15, 1995. 2. If possible, it should be noted that the said Declaration was filed of record with the Hennepin County Registrar of Titles on March 16, 1995 as Document No. 2595615 and with the Hennepin County Recorder on March 20, 1995 as Document No. 6408509. 3. The last paragraph of Resolution No. 97-276 should be deleted in its entirety in that no easement rights whatsoever, other than the said pond easement, were granted by the aforesaid Declaration to any party over the pond easement area to be vacated. In other words, the rights to be reserved under the last paragraph of Resolution No. 97-276 were never created in the first place and thus are not in need of being reserved. Carlson Business Center, 111 Cheshire Lane, Suite 700, Minnetonka, Minnesota 55305 612-404-5000 Fax 612-404-5001 Daniel L. Faulkner, P.E. June 30, 1997 Page 2 Please let me know if you have any questions or would like any additional information concerning the above-described request. Thank you very much for your cooperation and assistance. Very truly yours, CARLSON REAL ESTATE COMPANY, INC. p-Ae Z_We- Larry J. Chiat Attorney at Law 612) 404-5011 LJC/bjy CARLSON REAL ESTATE COMPANY 1 1 , 1 ' , 1 , , 1 r l . 1 1 1 : , + , r \ V 1 i , ' i ` , i 1 1 fl + ff. 22 ill 75,,.60 RES _. STORM SEWER DISTRICT BOUNDAPY SCHOOL Di$7Ri_' B,lUNCAP.Y WATERSHED DIS;RIC' BOUNUAR- 1 HENNEPIN COUNTY, MINNESOTA GENERAL SERVICES DEPARTMENT A,PAYER SERVICE; DIVISION SUPVEY SECTION EXHIBIT W POND EASEMENT NORTHEASTERLY LINE OUTLOT A -, MOST NORTHERLY CORNER OF OUTLOT AREA Cd o `r S 8740'10" `E _'0 020. 00 a, N n O Z Ei resieK f A pond easement for sedimentation ponding purposes over, under and across Outlot A. CARLSON CENTER 12TH ADDITION described as follows: Commencing at the most northerly corner of said Outlot A; thence South 61 degrees 23 minutes 46 seconds East, assumed bearing, along the northeasterly line of said Outlot A; thence South 72 degrees 24 minutes 43 seconds East a distance of 78.73 feet; thence South 8 degrees 50 minutes 25 seconds East a distance of 237.67 feet to the point of beginning; thence South 81 degrees 09 minutes 39 seconds West a distance of 85.00 feet; thence South 17 degrees 47 minutes 42 seconds West a distance of 157.52 feet; thence South 87 degrees 40 minutes 10 seconds East a distance of 35.00 feet; South 2 degrees 19 minutes 50 seconds West a distance of 48.81 feet; thence South 87 degrees 40 minutes 10 seconds f=ast a distance of 20.00 feet; thence North 2 degrees 19 minutes 50 seconds East a distance of 35.00 feet; thence North 81 degrees 09 minutes 39 seconds East a distance of 104.33 feet to the easterly line of said Outlot A; thence North 8 degrees 50 minutes 25 seconds West a distance of 165.00 feet to the point of beginning. Agenda Number: n C TO: Dwight D. Johnson, City Manager FROM: Bob Pemberton, Risk Management Coordinator through Dale E. Hahn, Finance Director SUBJECT: AWARDING OF THE POLICE ORDERED TOWING AND IMPOUNDMENT CONTRACT DATE: July 15, 1997 for Council Meeting of July 23, 1997 1. ACTION REQUESTED: The City Council should review and award the Police Ordered Towing and Impoundment Contract to Plymouth Automotive for the period of August 1, 1997 through August 1, 2000. 2. BACKGROUND: The Plymouth Police Department orders approximately 1,400 vehicle tows and impoundment per annum. Private passenger automobile and light trucks under one ton represent 98% of towed vehicles and 20% of the registered owners or leaseholders are Plymouth residents. The average vehicle is stored in the impound lot for 2.5 days before being released. Previous Plymouth City Councils have instructed staff that the impound facility must be readily accessible to Plymouth residents and the Plymouth Police Department. 3. ALTERNATIVES: We published a legal notice in the June 18, 1997 Plymouth Sun - Sailor Newspaper and also invited Plymouth Automotive, Kelly's Wrecker Service and North Suburban Towing to submit a proposal for the Police Ordered Towing and Impoundment Contract. We received and opened proposals from Plymouth Automotive and Kelly's Wrecker Service on July 9, 1997. 4. DISCUSSION: The proposals have been reviewed and analyzed as to what it would cost a typical automobile/light truck owner to have their vehicle towed and impounded for three 3) calendar days. The costs are as follows: Towing Contractor 1997/98 1998/99 1999/00 a. Plymouth Automotive 76.95 81.65 86.34 b. Kelly's Wrecker Service 70.00 78.50 87.00 We require that the impound facility of the successful towing contractor's be located within two miles of the City of Plymouth and conform to the applicable codes of the City in which it is located. The following is a background report on the storage facilities of the 1997 AGREEMENT FOR TOWING SERVICES THIS AGREEMENT, entered into this 23`d day of July 1997, between the City of Plymouth, 3400 Plymouth Boulevard, Plymouth, Minnesota 55447 (City), and Plymouth Automotive, 10905 Old County Road 15, Plymouth, MN 55441. Contractor). In consideration of the mutual covenants contained herein, the City and Contractor agree as follows: 1. Contractor's Services. The Contractor agrees to provide all services required by the City for the towing of vehicles, as that term is defined in Chapters 13 10. 11 through 1315.01, Plymouth City Code. These services shall be provided in accordance with the terms of this contract. The Contractor shall furnish the equipment, personnel, supplies, and facilities sufficient to fulfill all the terms of this contract. 2. Personnel. All drivers provided for the towing vehicles shall be checked for driver's licenses and warrants by the City's Police Department prior to their assignment. Contractor agrees to train all drivers in the proper towing of vehicles containing hazardous materials in accordance with federal and state law. 3. Storage Facility. The Contractor shall provide a storage facility for towed vehicles which shall be fenced and locked in a secure manner. The facility shall have space for no fewer than 75 vehicles and shall be within two miles of the Plymouth City Limits. 4. Operation. No vehicle shall be towed under this contract without the specific authorization from an employee or agent of the City. All vehicles shall be towed, not driven, (except when authorized) without damage to the vehicles, to the storage facility. Contractor shall maintain and provide a telephone answering service and a FAX machine 24 hours a day for the purpose of receiving requests for service pursuant to this contract, and provide and maintain mobile radio service with all towing units. 5. Notification of Owner and Leinholder. Upon deposit of a towed vehicle in the storage facility, the Contractor shall send, within 72 hours, by certified mail, to the registered owner and Leinholder of record , a notice specifying the date and place of the tow, the year, make model, and serial number of the vehicle towed, and the procedure to reclaim the vehicle. A record of this notice shall be retained by the contractor. 6. Release. No vehicle shall be released without proper proof of ownership. Vehicles ordered held by the Police Department shall not be released without written authorization from said department. Vehicles not kept on a "police hold" shall be released by the Contractor after obtaining proper proof of ownership and proof of current automobile liability insurance, if the vehicle is to be driven out of the impound lot. The Contractor reserves the right to specify the manner of payment for all charges and fees. Contractor agrees to supply personnel and reasonable hours for the release of vehicles. Minimum hours shall be 8:00 a.m. to 6:00 p.m. Monday through Friday, Two (2) hours on Saturday, Two (2) hours on Sunday and Two (2) hours on Holidays. Contractor agrees to provide emergency service beyond these hours at the request of the Police Department. 7. Towing and Storage_Charges. A 24 hour towing rate schedule for the period ending August 1, 2000 for the City of Plymouth impounded vehicles is: TOWING RATES -POLICE IMPOUNDS Note: (1). Vehicles not able to be towed by conventional means due to unusual factory or after -market equipment installed will be impounded at the lowboy and tractor service rate plus additional charges which the Contractor must justify. 2). Additional labor charges include, but are not limited to, unlocking vehicles, disconnecting transmission linkages or drive shafts, unusual road clean-up, snow shoveling, any additional equipment needed, and vehicles located off the main roadways. Labor charges must be justified by the Contractor. F) 1997/98 1998/99 1999/00 Towing Impounded vehicles 46.95 51.65 56.34 Trailering impounded vehicles 46.95 51.65 56.34 Accidents 46.95 51.65 56.34 Lowboy and Tractor Service N/A N/A N/A Dollies (Additional) NC NC NC Winching (Additional) NC NC NC On -scene additional labor charges NC NC NC Service Calls City Vehicles NC NC NC Towing City Passenger Vehicles NC NC NC STORAGE RATES -POLICE IMPOUNDS Note: (1). Vehicles not able to be towed by conventional means due to unusual factory or after -market equipment installed will be impounded at the lowboy and tractor service rate plus additional charges which the Contractor must justify. 2). Additional labor charges include, but are not limited to, unlocking vehicles, disconnecting transmission linkages or drive shafts, unusual road clean-up, snow shoveling, any additional equipment needed, and vehicles located off the main roadways. Labor charges must be justified by the Contractor. F) 1997/98 1998/99 1999/00 First Day Storage, all vehicles No Charge No Charge No Charge Two wheel motor vehicles, mopeds, ATV's and snowmobiles 5.00 5.00 10.00 Other vehicles (except large trucks) 15.00 15.00 15.00 Inside Storage 15.00 15.00 15.00 Note: (1). Vehicles not able to be towed by conventional means due to unusual factory or after -market equipment installed will be impounded at the lowboy and tractor service rate plus additional charges which the Contractor must justify. 2). Additional labor charges include, but are not limited to, unlocking vehicles, disconnecting transmission linkages or drive shafts, unusual road clean-up, snow shoveling, any additional equipment needed, and vehicles located off the main roadways. Labor charges must be justified by the Contractor. F) All towing or storage charges shall be the responsibility of the vehicle owner, except that a) Public Safety Vehicles requiring towing within the Twin City Metropolitan area shall be towed without charge to the city, (b) vehicles towed and/or stored in error (at the request of the City) shall be returned to the owner at no charge, (c) vehicles towed and stored pursuant to seizure under Minnesota Statutes 609.531 and 152.19 will be towed and stored without cost to the city. Vehicles no longer held for seizure may be released to the registered owner as outlined in paragraph {6) after payment of normal towing and storage fees. 8. Administrative Fee. The Contractor agrees to pay the City $5.00 for clerical and administrative expenses for each vehicle referenced in an impound report filed by the Police Department. These fees shall be paid on a monthly basis. Vehicles not claimed and destroyed by the Contractor will be exempt from the administrative fee. 9. Records and Reports. Contractor shall prepare a monthly report of all vehicles towed, stored, released, and still held , in a form acceptable to the City. This report shall be forwarded to the Police Department at the same time as payment of the administrative fee referenced in paragraph (8) The report shall include the reasons why, if any, vehicles towed have not been released. All records of services provided by the Contractor pursuant to this agreement shall be available for inspection by the City upon request. 10. Sales and/or Disposal. When the total of all charges for towing, storage, and other charges equals or exceeds the value of the vehicle impounded and/or the registered owner and leinholder of record voluntary agrees to same, the Contractor shall, with the permission of the Chief of Police, sell the vehicle at a Sheriff's sale or otherwise dispose of the vehicle by lawful means. The Chief of Police may authorize the lawful sale of other vehicles when so requested by the Contractor after proper notification has been made to the registered owner and leinholder of record. The Contractor shall report all transactions of sale or disposal, including the proceeds received, in the monthly report referenced above in paragraph (9). The Contractor shall keep records and prepare an annual summary report by September 15, 1998 and each year thereafter, of all losses and profits from the sale or disposal of vehicles towed pursuant to this agreement. 11. Liabili . The Contractor shall be responsible for the loss of, or damage to, any vehicle, equipment thereon, and contents due to the fault of the Contractor or his agent, from the time he or his agent, takes custody of the vehicle, whether that be by signing the receipt for the vehicle or by hooking or hoisting the vehicle. The Contractor shall be responsible for the safe keeping of personal property with or on the vehicle, as identified on the vehicle impound form. 12. Indemnification. The Contractor shall indemnify and hold harmless the City, its employees and agents from, and against, all claims, damages, losses and expenses, including attorneys' fees, which they may suffer or for which they may be held liable because of bodily injury, including death, or damage to property, including loss of use, as 3 a result of the fault of the Contractor, his employees, agents or subcontractors in the breach or performance of this agreement. 13. Bond. Contractor agrees to obtain and maintain a letter of credit or Performance Bond addressed to the City, during the life of the contract, in the amount of 2,500, to assure the proper and timely performance of this contract. 14. Insurance. The contractor shall obtain and maintain liability insurance for coverage of not less than the following amounts: Hazardous Load Workers' Compensation Employer's Liability Automobile Liability General Liability Garage Liability As required by Federal/State Laws Statutory 100,000/$500,000/$100,000 1,000,000 Bodily Injury/Property Damage 1,000,000 Bodily Injury/Property Damage 60,000 each occurrence for vehicles in the care, custody or control of the Contractor The insurance shall cover all operations under this contract whether undertaken by the Contractor, subcontractors or anyone employed or retained by the Contractor. Coverage for Bodily Injury and Property Damage shall be written under Comprehensive General and Comprehensive Automobile Liability policy forms, including coverage for all owned, hired and non -owned motor vehicles. The insurance shall also cover the indemnification liability set forth in paragraph (12). The insurance company shall deliver to the City Insurance Certificates of all required coverages on a form acceptable to the City, signed by an authorized representative of the insuror. The authorized representative shall have in effect, errors and omissions coverage in limits of not less than $100,000 per occurrence and $300,000 aggregate. 15. Non -Discrimination. The Contractor agrees during the life of this contract not to discriminate against any employee, application for employment, or other individual because of race, color, sex, age, creed, national origin, or any other basis . prohibited by federal, state or local law. The Contractor will include a similar provision in all sub- contracts entered into for performance of this contract. 16. Sub -Contractors. The Contractor shall not sub -contract all or any portion of this contract without prior written approval of the City, except for assistance in emergency or unforeseen circumstances. All sub -contractors shall be bound by, and covered by, all terms of this agreement. 4 17. Agreement Period. This agreement shall commence on August 1, 1997 and terminate on August 1, 2000. This agreement may also be terminated by either party upon 30 days written notice if the other party fails to performs in accordance with the terms of this contract through no fault of the terminating party. 18. Independent Contractor. At all times and for all purposes hereunder, the Contractor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Contractor an employee of the City. 19. Compliance with Laws. In providing services pursuant to this agreement, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the performance of this contract. Any violation shall constitute a material breach of this agreement and entitle the City to terminate this agreement. 20. Whole Agreement. This agreement embodies the entire agreement between parties including all prior understanding and agreements, any may not be modified, except in writing, signed by all parties. PLYMOUTH AUTOMOTIVE CITY OF PLYMOUTH BY BY Charles E. Hendricks, President Joy Tierney, Mayor Dwight D. Johnson, City Manager DATE: DATE: 5 CITY OF PLYMOUTH RESOLUTION NO. 97 AWARDING THE CONTRACT FOR THE POLICE ORDERED TOWING AND IMPOUNDMENT OF VEHICLES WHEREAS, the City desires to enter into a contract with a qualified contractor for the police ordered towing and impoundment of vehicles; and WHEREAS, the City has solicited proposals from interested towing contractors; and WHEREAS, the City received proposals from Plymouth Automotive and Kelly's Wrecker Service, Inc. for the services set forth in the Proposal Documents furnished to the interested towing contractors and reviewed in the Risk Management Coordinator's memo dated July 15, 1997; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the City Council award the Police Ordered Towing and Impoundment Contract to Plymouth Automotive for the period commencing August 1, 1997 and ending August 1, 2000. Adopted by the City Council on July 23, 1997 Agenda Number: L TO: Dwight Johnson, City Manager FROM: -Craig C. Gerdes, Director of Public Safety SUBJECT: DEER MANAGEMENT PROGRAM DATE: July 10, 1997 for July 23, 1997 Council Meeting 1. ACTION REQUESTED: The City Council authorize the deer management program for 1997 and early 1998. 2. BACKGROUND: The City continues to experience problems with the overpopulation of deer. In an effort to help this problem, the City participated in the metro bow hunt for the seasons in 1992, 1993, 1994, 1995, and 1996. This has been determined by the DNR as an effective method of population control. The northwest corner of the City has been determined to be the area of the City where there are enough large plots of land to allow safe bow hunting. The other area of the City included in the hunt zone is the County owned Eagle Lake Park. The final decision on whether a hunt is held in this park is up to the Hennepin County Park system. The City Ordinance states that each year, on or before August 1, the City Manager shall determine and report to the Council if the public safety and conservation interests of the City justify allowing a bow deer hunting season in the City the upcoming season. The City Council will then make a determination whether the City is authorized to issue permits for the upcoming season. 3. ALTERNATIVES: To not participate in the metro bow deer hunt this season. 4. DISCUSSION: Public Safety believes the hunts in the past five years have been successful in assisting with the control of the deer population. Information from Larry Gillette with Hennepin County is that a City the size of Plymouth with our make-up should be looking at reducing the herd size to 200 or less. The most recent aerial survey in January of 1997 still showed 258 deer in the City. Based on the herd size and numbers of accidents and complaints of deer damage, we recommend continuing with the hunt for 1997. Our program has been one of the least controversial and most successful in the metro area. Last year we informed the Council that based on the location of the new Wayzata High School and City playfield within the hunt zone it would be advisable to alter the zone in the ordinance creating a "buffer zone" around this school and playfield area. We have worked with Park and Recreation staff and reviewed this area. As both the City and the School district do not allow hunting on the property owned by them, we believe no further buffer zone is needed. 5. BUDGET IMPACT: The hunt has no impact on expenditures for the budget. If the hunt is not authorized, there would be a minor impact on revenues for the year. Permits are 10 each. In 1994, 105 hunting permits were issued; in 1995, 88 permits were issued; and in 1996 only 69 permits were issued. 6. RECOMMENDATION: The Public Safety Department recommends authorization to participate in the metro bow hunting season for 1997. Agenda Number: O TO: Dwight Johnson, City Manager FROM: Kendra Lindahl, Planner through AnneHur7furt, Community Development Director SUBJECT: Plymouth Apostolic Lutheran Church. Site Plan Amendment to allow construction of a garage for their property at 11015 Old County Road 15. 97068) REVIEW DEADLINE: October 14, 1997 DATE: July 11, 1997 for the City Council Meeting of July 23, 1997 1. PROPOSED MOTION: Move to adopt the resolution approving a Site Plan Amendment for Plymouth Apostolic Lutheran Church for construction of a garage at 11015 Old County Road 15, as recommended by the Planning Commission. Approval of a Site Plan Amendment requires a 4/7 vote of the City Council. 2. BACKGROUND: At their July 8, 1997 meeting, the Planning Commission unanimously recommended approval of the Site Plan Amendment for a garage. This request was on the Commission's Consent List. Plymouth Apostolic Lutheran Church is proposing to build an 832 square foot garage in the southeast corner of the property. The garage would store maintenance equipment and church vehicles. The church is proposing to build the garage with a nine -foot door to allow storage of a handicapped van that the church may acquire in the future. The proposed garage complies with all setbacks. The existing church is stucco, but the church will be residing the residential portion of the church building with vinyl siding. The southeastern wing of the church is the former pastor's residence, which is now used as a caretaker's apartment. The proposed garage will have vinyl siding, which will match this residential portion of the church. The church property has several trees and shrubs located on both the south and east lot lines. The Ordinance requires that non-residential uses, such as churches, provide a planting strip to completely screen the parking from adjacent residential. The plantings or fencing must screen the parking to a minimum height of six feet. The existing evergreens meet this requirement and the church is not proposing to remove any trees. One recommended condition of approval is that if any trees are lost to construction, additional trees will be provided to comply with the screening requirement. 3. RECOMMENDATION: Community Development Department staff recommends approval of the resolution approving a Site Plan Amendment for Plymouth Apostolic Lutheran Church to allow construction of a garage at 11015 Old County Road 15, as recommended by the Planning Commission. ATTACHMENTS: 1. Resolution approving Site Plan Amendment 2. Applicant's narrative 3. Location Map 4. Site Graphics CITY OF PLYMOUTH RESOLUTION 97 - APPROVING A SITE PLAN AMENDMENT FOR PLYMOUTH APOSTOLIC LUTHERAN CHURCH FOR PROPERTY LOCATED AT 11015 OLD COUNTY ROAD 15 (97068) WHEREAS, Plymouth Apostolic Lutheran Church has requested approval of a Site Plan Amendment for construction of a garage for property legally described as follows: That part of Section 36, Township 118, Range 22, bounded as follows: Beginning at a point which is 33 feet East of the West line of the Southwest'/4 of said Section 36 and 440 feet South of the North line of the Southwest %4 of Section 36; thence East and parallel to the North line of the Southwest'/4 of said Section 36 a distance of 421 feet; thence North and parallel to the West line of the Southwest '/4 extended Northerly into the Northwest %4 of said Section 36 a distance of 478.84 feet to its intersection with the Southerly line of the Wayzata Road; thence Southwesterly along the Southerly line of the said Wayzata Road a distance of 536.7 feet; thence Southerly and parallel with the West line of the Southwest'/4 of said Section 36 a distance of 141.3 feet to the pint of beginning. WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Plymouth Apostolic Lutheran Church for a Site Plan Amendment for construction of a garage at 11015 Old County Road 15, subject to the following conditions: 1. This Site Plan Amendment is for construction of a garage at 11015 Old County Road 15, as shown on plans received on May 23, 1997, except as amended by this resolution. 2. If the applicant removes trees during construction of the garage, the applicant will provide additional plantings on the south and east lot lines to screen the garage from the adjacent residential properties. 3. Standard Conditions: A. Prior to issuance of building permits, the applicant must submit the required Financial Guarantee and Site Performance Agreement for completion of site improvements within twelve months of the date of this Resolution. Resolution 97 - Page 2 B. Compliance with Policy Resolution 79-80 regarding minimum floor elevations for new structures on sites adjacent to, or containing any open storm water drainage facility. C. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. D. The permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. E. This approval shall expire one year after the date of approval, unless the property owner or applicant has substantially started construction of the project, or unless the landowner or applicant has received prior approval from the City to extend the expiration date for up to one additional year, as regulated under Section 21045.09 of the Zoning Ordinance. Adopted by the City Council on July 23, 1997. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on July 23, 1997, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk Planning and Zoning Application Form Page 2 7. BRIIEF DESCRIPTION OF REQUEST (Attach separate sheet, if necessary): iJudd A 3 LA r, j Rlq/1G1 r AA K A Jin M. 8. PROJECT NAME: 9. ANTICIPATED PROJECT COMPLETION DATE:_ 't' A l l 19 I hereby apply for the above consideration and declare that the information and materials submitted with this application are complete and accurate per City Code, Ordinance and Policy requirements. I understand that the application will be processedwhenithasbeenfoundtobecompleteandadequatebythestaffDevelopmentReviewCommittee. I understand and agree that a sign may be placed on my property by the City for purposes of notification that an application is under consideration. PLEASE NOTE: If Property Fee Owner is NOT the applicant, the Applicant must provide written authorization by Property Fee Owner in order to make application. PROPERTY FEE OWNER(S) SIGNATURE(S): APPLICANT(S) SIGNATURE(S):--LJ-A\- A ai , t DATE:5/ of a I g 7 APPLICATION FEES , SIGNAGE E APPROVED FOR DEPOSIT BY: TTV T TCT: nXTT v**x1*111x11,k--.4-..----...--- -'--'- C TOTAL FEES DUE $ . A O= Date Application Received: Reference Files: Location: Other Comments: 67 r CcD q70(pg' RICHARD M. O'BRIEN 14304 17TH AVENUE NORTH PLYMOUTH, MN 55447-4600 AREA CODE 612 473 4351 June 16, 1997 Re: Plymouth Apostolic Lutheran Church Garage Permit Dear Barbara G. Senness, AICP Planning Supervisor Attached is the basic information that should be required to continue the process for obtaining Site approval. And then eventually a Building Permit. We will be using siding that will match the house. It will be vinyl siding. The roofing will be a high quality asphalt shingle. The lumber material is all new construction grade material. There will be one service door and two garage doors. No windows. Please advise if you need additional information. Richard M. O'Brien f. Site I A A, 4ir' "f_/../ . - .. \\r -..aq x,rr. .. ,.. „L• ,}q_•,S^YNh+>rrr•- ,.0 t !'•r.!•: y. ,<... `.. ... . RO A.D. \ 7 3 \00 West line of the „Southwest quarfAr of Sec 36 440. C_ lu,.• ;rnvrlL•with the West kneeoto IIW.- ^-luorser of S(•(. 'fi, T 141.267 'NORTH r I (-4 f t. C 0) off o J M Iv 4. c\ N Y)15 J` • h. J \. " r, j1? ' )• u6` . A. t `'\ \ CID 9 m 2O . Ti • O \ p 3 r ti o C3 O DCL z G v cro CD Agenda Number: LO r" TO: Dwight Johnson, City Manager ,^ FROM: Shawn Drill, Planner through Anneu rt, Community Development Director SUBJECT: Buhler, Inc. Site Plan Amendment to allow expansion of an office building and parking lot at 1100 Xenium Lane North (97090) REVIEW DEADLINE: October 18, 1997 DATE: July 10, 1997 for the City Council Meeting of July 23, 1997 1. PROPOSED MOTION: Move to adopt the attached resolution approving a Site Plan Amendment to allow an expansion of the office building and office parking lot at Buhler, Inc., as recommended by the Planning Commission. Approval of a Site Plan Amendment requires a 4/7 vote of the City Council. 2. BACKGROUND: The applicant is requesting approval of a Site Plan Amendment to allow a 10,557 square foot expansion to the existing office building. The Site Plan Amendment includes installation of 97 new parking spaces south of the existing office parking lot. On July 8, 1997, the Planning Commission voted unanimously to recommend approval of the Site Plan Amendment on their Consent Agenda. 3. ANALYSIS: The applicant is requesting approval of a Site Plan Amendment to allow two changes to the site. Both changes relate to the office building located on the west side of the site, as opposed to the manufacturing plant located on the east side of the site. The first change consists of increasing the size of the office building from 45,926 square feet to 56,483 square feet. The 10,557 square foot expansion would be accomplished by constructing a second floor addition south and east of the existing two-story atrium, and a partial third floor File 97090 Page 2 addition east of the atrium. The area north of the atrium already contains three stories. Because the expansion would occur within the foot print of the existing building, it would not alter setbacks or lot coverage. The primary building material for the exterior of the expansion area would be face brick to match the rest of the building. The second change consists of providing 97 new parking spaces in the area south of the existing office parking lot. This area was indicated as future parking expansion under the original Site Plan approval. The proposed parking meets the City's requirement based on the size of the building expansion. The required water quality pond would be located in the area south of the proposed parking lot. 4. RECOMMENDATION: Community Development Department staff recommends approval of the Site Plan Amendment for an office and parking lot expansion for Buhler, Inc. at 1100 Xenium Lane North, subject to the conditions outlined in the attached resolution, as recommended by the Planning Commission. ATTACHMENTS: 1. Resolution Approving Site Plan Amendment 2. Draft Planning Commission Minutes 3. Applicant's Narrative 4. Location Map 5. Site Graphic CITY OF PLYMOUTH RESOLUTION 97 - APPROVING SITE PLAN AMENDMENT FOR BUHLER, INC. FOR A BUILDING AND PARKING EXPANSION AT 1100 XENIUM LANE NORTH (97090) WHEREAS, Buhler, Inc. has requested approval of a Site Plan Amendment to allow an expansion of the office building and parking lot at 1100 Xenium Lane North; and WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Buhler, Inc. for a Site Plan Amendment subject to the following conditions: 1. The Site Plan Amendment allows a 10,557 square foot addition to the office building and 97 new parking spaces south of the existing office parking lot, in accordance with the plans received by the City on June 20, 1997, except as amended by this resolution. 2. Prior to issuance of building permits, all plan sheets must be signed. 3. Prior to issuance of building permits, the applicant shall submit a lighting plan for staff review and approval that indicates the .5 foot-candle contour line within the lot lines. 4. Prior to issuance of building permits, the applicant shall revise the plans to indicate the allowable area calculations for staff review and approval. 5. Prior to issuance of building permits, the applicant shall revise the plans to indicate 26 - foot wide drive aisles and 18.5 -foot deep parking spaces. 6. Prior to issuance of building permits, the applicant shall revise the plans to indicate nine handicap parking spaces, in locations as approved by the Building Official. 7. Prior to issuance of building permits, the applicant shall revise the plans to include the required notation relating to the screening of any rooftop equipment. 8. Prior to issuance of building permits, the applicant shall revise the plans to include the required notation stating: "The diameter of piping required for domestic and lawn irrigation water supply shall be no more than '/4 the diameter of the building water service". Resolution 97- 97090) Page 2 9. Prior to issuance of building permits, the applicant shall revise the plans to comply with the Fire Division requirements relating to spacing of fire hydrants and submittal of fire flow calculations. 10. The existing building and proposed addition shall be sprinkled with a fire sprinkler system. 11. Prior to issuance of building permits, the applicant shall revise the plans to include the fire lane engineering detail, fire hydrant engineering detail, fire lane signage detail, temporary access roads and water supply policy, and Plymouth Fire Department notes. 12. Prior to issuance of building permits, the applicant shall revise the plans to indicate the location of the Fire Department connection and post -indicator valve. 13. Prior to issuance of building permits, the applicant shall obtain the required permit from Bassett Creek Watershed. 14. The grading, drainage, and erosion control plan shall comply with all City requirements and the requirements of Bassett Creek Watershed. 15. Prior to issuance of building permits, the applicant shall revise the plans to indicate the silt fence entirely on the Buhler property. 16. Prior to issuance of building permits, the applicant shall revise the plans to include details of the flared end -section and NURP pond. 17. Prior to issuance of building permits, the applicant shall revise the plans to indicate rip - rap swales from the parking lot to the normal water level of the NURP pond. 18. Prior to issuance of building permits, the applicant shall revise the plans to indicate ten total new trees on the site, including species, size, and location for staff review and approval. 19. Standard Conditions: A. Compliance with the City Engineer's Memorandum. B. Submission of the required Financial Guarantee and Site Performance Agreement for completion of site improvements within twelve months of the date of this Resolution. C. 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. D. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. Resolution 97- 97090) Page 3 E. Compliance with the Ordinance regarding the location of fire hydrants, fire lanes, fire suppression and fire lane signage. F. The permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. G. An approved lock box shall be provided on the building for Fire Department use. The lock box should be monitored by a UL central station and located by the fire department connection or as located by a Fire Inspector. Adopted by the City Council on July 23, 1997. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on July 23, 1997, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk DRAFT 74111A Ii1c! fJ g , a'"1 vti 5i3, 7 '" lhlUteS 5. CONSENT AGENDA: J OUTH APOSTOLIC LUTHERAN CHURCH (97068) MOTION by Commissioner conded by Commissioner Thompson recommending approval of a Site Plan Amen me osto licLutl eran, Church for property located at 11015 Old County Road 15. Vote. carried unanimously. BUHLER, INC. (97090) MOTION by Commissioner Ribbe, seconded by Commissioner Thompson recommending approval of a Site Plan Amendment for Buhler, Inc. for a building and parking expansion at 1100 Xenium Lane North. Vote. 7 Ayes. MOTION carried unanimously. PUBLIC HEARINGS: A. AMERICAN PORTABLE TELECOM (97045) Chairman berg introduced the request by American Portable Telecom for a Conditional Permit and Site Plan Amendment to locate a 130 -foot wireless communication to with two sets of antennas on the site of Endurance Transmission, 3515 Highway 169 Planner Rask gave an overAV of the July 2, 1997 staff report. Commissioner Thompson asked i s necessary to grant a 130 -foot tower. Planner Rask replied that U.S. West could get by a tower at a lower height, but because of the co - location requirement, they are requestin higher tower to allow co -location with other providers. Commissioner Stein stated he didn't understan why the New Hope water tower wouldn't work. Planner Rask responded that the ap cant would have to address that issue. Chairman Stulberg introduced Michelle Johnson, of American able Telecom (APT), the petitioner. Ms. Johnson stated that APT has developed a histo trying to co -locate with other providers. She explained that U.S. West could go with a -foot tower, but APT needs a 130 -foot tower for adequate coverage. She stated that the Hope water tower site is not adequate to fill out their coverage pattern. Ms. Johnson pr ' ed a map depicting the coverage and capacity analysis demonstrating that the propos site is needed to maintain coverage in this portion of the City. Ms. Johnson indicated tha the time they submitted their application to the City, they could not apply for the New H L/ 3335 West St. Gen -nam P.O. Box 1228 St. Cloud, Minnesota 56302-1228 320) 251--3109 Fax: (320) 2S-1-4693 June 20, 1997 Shawn Drill City of Plymouth Planning Department 3400 Plymouth Boulevard Plymouth, Minnesota 55447-1482 Re: Buhler Office Building Addition Written Narrative Dear Shawn: Cncc jury 2k) ; a The project consists of building a second floor addition and partial third floor addition to Buhler, Inc., including updating non-compliant portions of the existing building as required to facilitate the expansion. The second portion of the project consists of providing additional parking stalls for the building addition, providing the appropriate water drainage, and add detention criteria as required by the city and watershed district for the proposed additional parking area. If you should have any questions, please contact me. Sincerely, MILLER ARCHITECTS & BUILDERS, INC. Bradley A. Torok, AIA Architect BAT/jkd cc: Tim Miller Al Witte ui a R N Te4 A k ASMb. 7-w -1 ARCHITECTS & BLM-DFRS IND U STR I AL / C O M ME R C I A L C O NT RACTO RS l 01, Site 10 0 A: EMI M111111111MO 10 Ilium M1, -..- 7 e u V.LOSjNNIW `Hi.noKA,IJ aF yy i3 JNP 2MON21H QNd NOIIIaad : m Ia l 18 j12 i ate iii i i, So Ell m o i M Agenda Number: CD G TO: Dwight Johnson, City Manager FROM: John Rask, Planner through Anne Hurlburt, Community Development Director SUBJECT: American Portable Telecom - Conditional Use Permit and Site Plan Amendment for construction of a 130 -foot high wireless communication tower and two sets of PCS antennas on property located at 3515 N. Highway 169 (97045) REVIEW DEADLINE: September 1, 1997 DATE: July 14, 1997 for the City Council Meeting of July 23, 1997 1. PROPOSED MOTION Move to adopt the attached resolution approving a Conditional Use Permit and Site Plan Amendment for American Portable Telecom. Approval of a Conditional Use Permit and Site Plan Amendment requires a 4/7 vote of the City Council. 2. BACKGROUND American Portable Telecom (APT) is requesting a Conditional Use Permit and Site Plan Amendment for the construction of a 130 -foot monopole communication tower. (Note: The combined height of the tower and antennas would be approximately 135 feet.) The tower would be erected on the Endurance Transmission property located at 3515 N. Highway 169. Two sets of Personal Communication Services (PCS) antennas would be attached to the tower. APT would locate up to nine directional antennas (77" high x 6" wide x 1.5" deep) in a triangular configuration at the top of the tower. US West would place a second set of antennas approximately 40-50 feet below the top of the tower. Both PCS providers would have accessory equipment at the base of the tower. A 300 square foot equipment building would also be constructed on the property. APT January 27, 1997 Page 2 3. PLANNING COMMISSION CONSIDERATION At their July 8, 1997 meeting, the Planning Commission by unanimous vote recommended approval of a Conditional Use Permit and Site Plan Amendment for the construction of a 130 - foot high monopole tower. Several Commissioners had questions concerning the height of the tower and the availability of the New Hope water tower located near Highway 169 and 26`h Avenue North. The proposed application is for US West and APT to co -locate two sets of wireless communication antennas on a single tower. US West provided documentation indicating that the New Hope water tower would not meet their needs, and that a tower would be needed in this general area to provide seamless coverage for their PCS system. APT could potentially use the New Hope water tower to provide service to this area of the city; however, the signal would be weaker than if the antennas were located on the proposed Endurance Transmission site. A weaker signal may cause dropped calls in certain areas of the city. The Commission asked if a shorter tower could potentially be used if APT located on the New Hope water tower and US West located on a single pole. US West indicated that their antennas would need to be located approximately 75 feet above grade. The Zoning Ordinance requires that new towers be constructed to accommodate a second set antennas. US West would most likely need to construct a tower taller than 75 feet to comply with this requirement. Other providers would have a difficult time locating lower than 75 feet. The tower would most likely need to be at least 100 feet tall to accommodate an additional user. A 25 -foot separation between antennas is typically required to avoid interference. The City's Zoning Ordinance requires co -location when there is an existing or proposed structure within the required search radius. The Zoning Ordinance establishes a one -mile search radius for towers over 100 feet in height. US West is unable to use the New Hope water tower because of the spacing and technology requirements of their PCS system. Because US West would co - locate with APT on the proposed site, the application meets the co -location requirements of the City's antenna regulations. The City's antenna regulations do not require a provider to locate on a building or water tower before co -locating on a free-standing tower. 4. UPDATE ON WIRELESS COMMUNICATION SITES On March 24, 1997, the City Council adopted revisions to the City's antenna regulations. Among the revisions were changes to the co -location requirements. The ordinance was amended to require new towers/poles to accommodate the antennas of one additional user. The ordinance had previously stated that towers must be designed to accommodate other users, but did not specify the number of additional users. The purpose of this requirement is to reduce the number of towers needed to serve the community. However, the tradeoff is that towers designed to accommodate additional antennas will be higher and slightly larger. (The diameter of the tower APT January 27, 1997 Page 3 also increases slightly to support the weight of the additional antennas.) Staff recommended that towers be designed to accept the antennas of at least one additional provider, as opposed to two or three additional providers, to avoid excessively high and more visually obtrusive towers. This is the first application the City has received to co -locate two sets of antennas on a tower. However, other sites have been approved to locate antennas on a building or water tower. Since the adoption of the antenna regulations on July 10, 1996, the City has approved a total of seven wireless communication sites. Of these seven sites, six are located on a building or water tower, requiring administrative approval. The City Council has approved one free-standing tower since the adoption of the antenna regulations. On January 22, 1997, the Council approved a 140 -foot tower for Sprint Spectrum at Hampton Hills Golf Club. 5. ANALYSIS The applicant is requesting a Conditional Use Permit and Site Plan Amendment to construct a 130 -foot high monopole tower for wireless communication services. The City's Zoning Ordinance allows wireless communication towers and antennas in commercial zoning districts subject to the approval of a Conditional Use Permit by the City Council. The Zoning Ordinance provides standards for the review of communication towers as a Conditional Use. A copy of these standards is attached. The applicants are also requesting a Conditional Use Permit to exceed the maximum height requirement of 75 feet for the construction of a 130 -foot high tower. APT's Radio Frequency Engineers indicate that a 130 -foot high tower is necessary to provide seamless coverage at this location. The tower would be designed for at least two sets of antennas. Both APT and US West would have accessory equipment located at the base of the tower. APT would have several pre -assembled base transceiver stations (BTS). The BTS is a cabinet type structure that contains the radio frequency transceivers, computer and climate control equipment, and batteries for back-up power. More than one BTS may be required to provide adequate service to the antennas. US West would construct a 300 square foot equipment building to house their radio equipment. The cables that connect the BTS and radio equipment to the antennas is located inside the monopole. An eight foot high chain link fence would enclose the perimeter of the 40 x 45 -foot leased area. The tower, equipment and building would be located within the fenced area. In locating a wireless communication tower, the applicant must demonstrate that the tower is needed to meet frequency reuse and spacing needs of the cellular system and that a comparable site is not available in a less restrictive district. In addition, a proposal for a new tower shall not be approved unless the City finds that the antennas cannot be accommodated on an existing or approved tower, building, or structure within a one -mile search radius (one-half mile search radius for towers under one hundred feet). APT is requesting approval to erect a monopole tower APT January 27, 1997 Page 4 for their antennas and US West's antennas because there are no existing structures of adequate height in this portion of the City that would meet both providers' needs. The only existing structure of adequate height within one mile of the subject property which could potentially support PCS antennas is the New Hope water tower, located on the east site of Highway 169 near 20x' Avenue. APT could potentially make use of this tower as a support structure. This water tower is owned and operated by the Tri -City Water Commission (New Hope, Crystal, and Golden Valley). APT attempted to lease this site prior to submitting an application for the Endurance Transmission property, however, the Tri -City Water Commission was not accepting requests to locate antennas on their water towers at the time the application was submitted. The Tri -City Water Commission is now accepting request for proposals for water tower sites in the three communities, which includes the New Hope water tower located near 26"' Avenue. US West is proposing to co -locate with APT on the Endurance Transmission property. US West's Radio Frequency Design Engineer provided documentation indicating that the New Hope water tower would not meet their needs because of their spacing requirements and the interference level that would be generated by situating antennas on the water tower. US West's antennas would be located approximately 75- 85 feet above ground elevation. Because US West's antennas would be lower than 100 feet, they are only required to search for existing sites within one-half mile of the proposed location, which would exclude the New Hope water tower. This water tower is located over % of a mile from the proposed site. Background Over the past year, both providers have been looking for a site in this general area. In October of last year, APT submitted an application to locate a tower on the Plymouth Middle School site. The Planning Commission recommended approval of this application on December 17, 1996. Prior to this application going to the City Council, staff requested additional information on the feasibility of the New Hope water tower. Upon review of this site, APT found that the water tower would meet their needs; however, the site was not immediately available. To provide APT additional time to work out an agreement to locate on the New Hope water tower, the City Council approved the use of a temporary tower on the school property. After approval of the application, APT discovered that the temporary tower would not provide sufficient coverage to meet their short-term needs. With the uncertainty surrounding the New Hope water tower, APT submitted an application to construct a tower on the Endurance Transmission property, stating that no other co -location sites were currently available that would meet their needs. On April 1, 1997, US West submitted an application to locate a tower on the Plymouth Middle School property. Their application stated that they could not use the New Hope water tower and that a monopole tower would be needed to serve this area. Staff informed US West of APT's application to erect a tower on the Endurance Transmission property. The City's zoning ordinance requires co -location when there is an existing or proposed site within the required APT January 27, 1997 Page 5 search area. Upon discussion with APT, US West agreed to withdraw their application and co - locate with APT on the Endurance Transmission property. Findings APT could possibly use the New Hope water tower; however, US West is unable to use this water tower site. Therefore, staff finds that the proposed application meets the co -location requirement of the City's zoning ordinance. Further, the proposed application is to co -locate the antennas of two wireless communication providers on a single pole. The purpose and intent of the co -location requirement is to minimize the number of towers needed to serve the community. This application meets the purpose and intent of the antenna regulations. APT submitted a coverage and capacity analysis demonstrating that the proposed site is needed to maintain coverage in this portion of the City. There may be other sites nearby that would also meet the applicant's needs; however, these locations would have similar characteristics as the proposed site. Further, there are no less restrictive zoning districts (industrial) in this area of the city. Staff finds that the application meets the general standards for conditional uses and the design standards for towers. To reduce the visual impacts of the tower on properties farther from the site, the tower would be painted silver or have a galvanized finish, and would contain no artificial lighting or signage. No trees or vegetation removal would occur as a result of construction activity. To enhance the screening of ground equipment and the equipment building, staff recommends that additional landscaping be planted on the east side of the leased area. A condition is included in the attached resolution requiring three evergreen trees to be planted on the east side of the property to partially screen the ground equipment from the public right-of- way. Existing trees and structures would partially screen the equipment and tower from properties located to the north, south, and west. A 130 -foot high tower at this location should not be injurious to the use and enjoyment of surrounding property, or substantially diminish property values, because the proposed tower is over 300 feet from the apartments to the north and is adjacent to the Highway 169 right-of-way. The base of the tower would be partially screened from view by existing vegetation and buildings. Further, the proposed tower should not endanger the public health or safety if ordinance requirements are met and the appropriate conditions are attached to the permit. The Zoning Ordinance requires that the Planning Commission review Conditional Use Permit applications for compliance with the six standards outlined in the Ordinance. A copy of the Conditional Use Permit standards is attached. Staff finds that the proposal complies with the Conditional Use Permit standards. APT January 27, 1997 Page 6 6. RECOMMENDATION: Community Development Department staff recommends approval of the Conditional Use Permits and Site Plan Amendment for American Portable Telecom to allow installation of a 130 - foot high monopole tower, two sets of PCS antennas, and accessory ground equipment subject to the conditions in the attached resolution, as recommend by the Planning Commission. ATTACHMENTS: 1. Resolution Approving Conditional Use Permit and Site Plan Amendment 2. Planning Commission minutes dated July 8, 1997 3. Conditional Use Permit Standards 4. Antenna Standards 5. Applicant's Narrative 6. APT's letter of intent to co -locate with US West 7. US West - Non -feasibility study of the New Hope water towr 8. Letter from Nextel Communications dated June 3, 1997 9. Location Map 10. Site Graphics CITY OF PLYMOUTH RESOLUTION 97 - APPROVING CONDITIONAL USE PERMIT AND SITE PLAN AMENDMENT TO ALLOW INSTALLATION OF A 130 -FOOT MONOPOLE TOWER AND RELATED GROUND EQUIPMENT FOR WIRELESS COMMUNICATION SERVICES AT 3515 NORTH HIGHWAY 169 (97045) WHEREAS, American Portable Telecom has requested approval of a Conditional Use Permit and Site Plan Amendment for a 130 -foot high monopole tower to be located on the following described property: Insert Legal WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by American Portable Telecom for a Conditional Use Permit and Site Plan Amendment at 3515 North Highway 169, subject to the following conditions: 1. This approval is for a Conditional Use Permit and Site Plan for a 130 foot high monopole tower which exceeds the maximum height requirement of 75 feet, two sets of PCS antennas, and related ground equipment, pursuant to the application dated April 14, 1997 and the revised plans dated June 17, 1997. 2. Both sets of antennas must be shown on the building permit application. 3. A copy of the relevant portions of a signed lease which specifies the shared use of the tower with US West shall be submitted prior to issuance of a building permit. Resolution 97045 Page 2 4. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities when they are abandoned, unused or become hazardous shall be submitted to the City prior to issuance of a building permit. 5. Any additional antennas on the tower shall require Site Plan Review. 6. The project requires applicable building and fence permits prior to construction. 7. The tower shall be painted a non -contrasting color or have a galvanized finish. 8. The permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. 9. Three evergreen trees shall be planted on the east side of the leased area to partially screen the ground equipment from view of the public right-of-way. A landscaping plan shall be submitted for staff review prior to issuance of building permits. 10. Standard Conditions: a. Compliance with the Engineer's Memorandum. b. Submission of required financial guarantee and Site Improvement Performance Agreement for completion of this site improvement within twelve months of the date of this resolution. c. Compliance with the Ordinance regarding the location of fire hydrants and fire lanes, and fire lane signage. d. The permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. e. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. f. The Conditional Use Permit and Site Plan approval shall expire in one-year from the date of approval, unless the project is substantially completed or an extension is applied for and granted. Adopted by the City Council this 23rd day of July, 1997. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a Resolution 97045 Page 2 meeting of the Plymouth City Council on July 23, 1997, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk Planning Commission Minutes July 8, 1997 Page #151 MOTION by Commissioner recommending approval of a Sil parking, expansi den 6. PUBLIC HEARINGS: Ribbe, Lane North. Commissioner Thompson t for Buhler, Inc. for a building and Vote. 7 Ayes. MOTION carried AMERICAN PORTABLE TELECOM (97045) DRAFT Chairman Stulberg introduced the request by American Portable Telecom for a Conditional Use Permit and Site Plan Amendment to locate a 130 -foot wireless communication tower with two sets of antennas on the site of Endurance Transmission, 3515 Highway 169 North. Planner Rask gave an overview of the July 2, 1997 staff report. Commissioner Thompson asked if it is necessary to grant a 130 -foot tower. Planner Rask replied that U.S. West could get by with a tower at a lower height, but because of the co - location requirement, they are requesting a higher tower to allow co -location with other providers. Commissioner Stein stated he didn't understand why the New Hope water tower wouldn't work. Planner Rask responded that the applicant would have to address that issue. Chairman Stulberg introduced Michelle Johnson, of American Portable Telecom (APT), the petitioner. Ms. Johnson stated that APT has developed a history of trying to co -locate with other providers. She explained that U.S. West could go with a 75 -foot tower, but APT needs a 130 -foot tower for adequate coverage. She stated that the New Hope water tower site is not adequate to fill out their coverage pattern. Ms. Johnson provided a map depicting the coverage and capacity analysis demonstrating that the proposed site is needed to maintain coverage in this portion of the City. Ms. Johnson indicated that at the time they submitted their application to the City, they could not apply for the New Hope water tower site, but since that time, they are now allowed to do so. They are already in an agreement with U.S. West for co -location at this site, and the New Hope site would not work for U.S. West. Commissioner Stoebner asked if APT controls this site. Ms. Johnson replied affirmatively. a Planning Commission Minutes July 8, 1997 Page # 152 DRAFT Chairman Stulberg introduced David VanLandschoot, representing U.S. West. Mr. VanLandschoot explained that the technology is different for each provider. If U.S. West was not able to co -locate with APT at this site, they would have to put up a higher tower to allow co -location with another provider as required by the city ordinance. Mr. VanLandschoot presented that either U.W. West or APT could develop this site, but that U.S. West has to be in this vicinity. Mr. VanLandschoot presented two coverage and capacity analysis maps per each site in question, demonstrating that the proposed site in Plymouth provides better coverage than the New Hope water tower site. Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the issue. Commissioner Berkowitz asked if another provider, other than U.W. West, is going to need a Conditional Use Permit to exceed the 75 -foot height limit. Planner Rask replied that all new towers need to be constructed to accommodate a comparable provider. He commented that a 75 -foot tower is about as low as a provider could go to get adequate coverage. Planner Rask stated that if U.S. West came in alone with an application, staff would recommend that they construct a taller tower to accommodate co -location on the site. The main question surrounding this issue is do you build shorter towers and have more of them, or construct taller towers and less of them. MOTION by Commissioner Koehnen, seconded by Commissioner Thompson recommending approval of a Conditional Use Permit and Site Plan Amendment to allow installation of a 130 -foot monopole tower and related ground equipment for wireless communication services at 3515 North Highway 169. Roll Call Vote. 7 Ayes. MOTION carried on a unanimous vote. Chairman Stulberg introduced the request by Caliber Development for a Prel' ' ary Plat, PUD General Plan for a 51,000 square foot office, and Conditional ermit to allow up to 85 percent office use for Parkers Lake Business Center' ddition located at the northwest quadrant of Polaris Lane North and 23`d Aven orth. Planner Lindahl gave an overview of the y f3, 1997 staff report. Chairman Stulberg asked ' f had a drawing done depicting what a 10 -foot berm would look like. PPFA191f Lindahl replied negatively, but indicated the berm would be about the hei the fence. Stulberg continued the public hearing. ZONING ORDINANCE CONDITIONAL USE PERMIT STANDARDS 21015.02 PROCEDURE: Pursuant to Minnesota Statutes 15.99, an application for a conditional use permit shall be approved or denied within sixty(60) days from the date of its official and complete submission unless extended pursuant to Statute or a time waiver is granted by the applicant. If applicable, processing of the application through required state or federal agencies shall extend the review and decision-making period an additional sixty 60) days unless this limitation is waived by the applicant. Subd.5. The Planning Commission shall consider possible adverse effects of the proposed conditional use. Its judgment shall be based upon (but not limited to) the following factors: 1. Compliance with and effect upon the Comprehensive Plan, including public facilities and capital improvement plans. 2. The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort. 3. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 4. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 5. Adequate public facilities and services are available or can be reasonably provided to accommodate the use which is proposed. 6. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 7. The conditional use complies with the general and specific performance standards as specified by this Section and this Chapter. forms/cupsta) Section 21015 -Plymouth Zoning Ordinance Ia SECTION 21175 - ANTENNAS 21175.01. PURPOSE AND INTENT: The purpose of this Chapter is to establish predicable and balanced regulations for the siting and screening of wireless communications equipment in order to accommodate the growth of wireless communication systems within the City of Plymouth while protecting the public against any adverse impacts on the City's aesthetic resources and the public welfare. The provisions of the Chapter are intended to maximize the use of existing towers, structures, and buildings to accommodate new wireless telecommunication antennas in order to minimize the number of towers needed to serve the community. 21175.02. GENERAL STANDARDS: The following standards shall apply to all cellular telephone, public utility, microwave, radio and television broadcast transmitting, radio and television receiving, satellite dish and short-wave radio transmitting and receiving antenna. Subd. 1. All obsolete and unused antennas shall be removed within twelve (12) months of cessation of operation at the site, unless an exemption is granted by the Zoning Administrator. Subd. 2. All antennas shall be in compliance with all City building and electrical code requirements and as applicable shall require related permits. Subd. 3. Structural design, mounting and installation of the antenna shall be in compliance with manufacturer's specifications and as may be necessary, as determined by the Zoning Administrator, shall be verified and approved by a professional engineer. Subd. 4. When applicable, written authorization for antenna erection shall be provided by the property owner. Subd. 5. No advertising message shall be affixed to the antenna structure or tower. Subd. 6. The height of the antenna shall be the minimum necessary to function satisfactorily, as verified by an electrical engineer or other appropriate professional. Subd. 7. Antennas shall not be artificially illuminated unless required by law or by a governmental agency to protect the public's health and safety. Subd. 8. When applicable, proposals to erect new antennas shall be accompanied by any required federal, state, or local agency licenses. Subd. 9. If a new tower is to be constructed, it shall be designed structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least one additional user, including but not limited to other cellular communication companies, local police, fire and ambulance companies. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. Subd. 10. Towers under two hundred (200) feet in height shall be painted a non - contrasting color consistent with the surrounding area such as: blue, gray, brown, or silver, or have a galvanized finish to reduce visual impact. Subd. 11. Except as may be applicable in cases where a conditional use permit is required, antennas and support structures for federally licensed amateur radio stations and used in the amateur radio service are exempt from Subd. 3, 6, and 9 above and Section 21175.03, and must comply with Subd. 12 below. Subd. 12. Amateur radio towers must be installed in accordance with the instructions furnished by the manufacturer of that tower model. Because of the experimental nature of amateur radio service, antennas mounted on such a tower may be modified or changed at any time so long as the published allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the manufacturer's specifications. 21175.03 TOWER DESIGN: Wireless communication towers shall be of a monopole design unless the City Council determines that an alternative design requested by the applicant would better blend into the surrounding environment. This provision does not apply to amateur radio towers or commercial and public radio or television towers. 21175.04. CO -LOCATION REQUIREMENT: A proposal for a new tower shall not be approved unless the Zoning Administrator finds that the antennas cannot be accommodated on an existing or approved tower, building, or structure within a one mile search radius (one-half mile search radius for towers under one hundred 100 feet in height) of the proposed tower due to one or more of the following reasons: Subd. 1. The planned equipment would exceed the structural capacity of the existing or approved tower, building, or structure as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. Subd. 2. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified engineer and interference cannot be prevented at a reasonable cost. Subd. 3. Existing or approved towers, buildings, or structures within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer. Subd. 4. Other unforeseen reasons that make it unfeasible to locate the antennas upon an existing or approved tower or structure. Subd. 5. Existing or approved towers, buildings, or other structures do not exist in the service area, or do not meet the needs of the user. Documentation shall be provided at the J,+ time of application clearly demonstrating why existing structures do not meet the needs of the users. Subd. 6. The applicant shall demonstrate that a good faith effort to co -locate on existing towers or structures was made, but an agreement could not be reached. 21175.05. SETBACKS: All towers shall comply with each of the minimum setback requirements: Subd. 1. Towers shall meet the setbacks of the underlying zoning district with the exception of industrial zoning districts, where the tower may encroach into the rear setback area, provided that the rear property line abuts another industrial zoning district and the tower does not encroach upon any easements. Subd. 2. A tower's setback may be reduced or its location in relation to a public street varied, at the discretion of the City Council, to allow the integration of the structure into an existing or proposed structure, such as a light standard, power line support device, or similar structure. CELLULAR 1701 E. 79thStreet, Suite 19 Bloomington, MN 55425 612) 858-0000 REALTY 612) 854-4105 Fax ADVISORS, INC. 9 April 1997 ( cECr1 . \,,r L ' V John Rask - r City Planner - , 14 (997 3400 Plymouth Boulevard t t Plymouth' MN 55447 i Y 0' [I YMOUM RE: Application for Conditional Use Permit Proposed PCS Wireless Telephone Antennas Site A10045 Dear Mr. Rask: This letter accompanies an application for a Conditional Use Permit for a proposed Personal Communications Services (PCS) wireless telephone antenna tower and cell site at 3515 North Highway 169 in Plymouth, Minnesota. The property at issue is owned by Dick Lewis. I have been authorized by APT to act as their representative for planning and zoning matters. APT is a subsidiary of Telephone and Data Systems, Inc. (TDS). TDS is a Chicago -based telecommunications company which provides cellular telephone, local telephone, and radio paging services to more than 1.9 million customers in 37 states and the District of Columbia through its subsidiaries, including United States Cellular Corporation, TDS Telecommunications Corporation, and American Paging, Inc. APT directs PCS technology for TDS. APT is committed to providing PCS services to the Minneapolis -St. Paul Metropolitan Area. Last year, APT was granted a license by the Federal Communications Commission to operate a PCS Wireless Phone System in the Twin Cities market area as well as five other major markets in the United States. APT is the fifth largest PCS license holder in the United Stated in terms of population equivalents. PCS is one of the newest emerging low-power wireless technologies. PCS stands for Personal Communications Services and will truly allow businesses, individuals, and government services to communicate in an entirely new way. Although similar to traditional cellular systems, PCS will look, sound and work better, with the added advantage of being able to provide fax service, paging, iU IC7 Dp 1991 C/-ry o computer data, and video transmission in just one portable han6HWW ,pQL Pi'A40V TH PCS wireless is digital so it transmits with more clarity than cellular. Also, PgNT DEPT secure. User verification systems eliminate cloning and encryption prevents calls from being overheard. These are just some of the features PCS can offer. PROPOSED USE The site is zoned B-3, Business, and is currently being used for the business premises of Endurance, Inc. APT is proposing to construct a 40 meter approximately 132 foot) monopole on this site. There will be up to nine directional panel antennas (77" high x 6" wide x 1.5" deep) mounted on the tower. These panels operate within the 1.9 GHz to 2.2 GHz radio frequency range. Unmanned prefabricated equipment cabinets measuring approximately 5' high x 3' wide x 3' deep will be located near the base of the tower. Typically, these weather-proof, self-contained equipment cabinets are connected to the antennas by 1 5/8" cables (each antenna requires one cable run). The communication equipment requires 100 amp, 220 volt, single phase electrical service. The antennas will transmit and receive low power radio signals. The tower is not required to be lighted, according to FAA requirements. ZONING AND CONDITIONAL USE REQUIREMENTS There will be minimal impact on adjacent properties from the proposed use. As there will be no personnel stationed at the site, the equipment cabinets are not equipped with water or sewer facilities, nor are they large enough to house employees. The cabinets are intended only to enclose and protect the radios and electronics. The proposed use will not impair the use and enjoyment of surrounding property nor impede its normal development. No special parking is necessary and traffic will not increase due to the use. This site will not be detrimental to the public health, safety, morals or comfort. PCS wireless uses low power to insure that the signal stays within the designated cell" and does not interfere with neighboring "cells." An important feature of this low power is that no ionizing radiation is created. In fact, this site will enhance public safety and welfare because it will enable APT to bring PCS technology to the city of Plymouth. The advantages to the business or individual using a PCS phone will be clear to them. But PCS can also aid those who do not choose to own a portable phone. Police officers are aided in their public safety efforts by being able to use PCS wireless fax machines to obtain immediate information about suspects. Firefighters can receive faxed blueprints of a building, while en route, to more safely and quickly fight fires. Ambulances can transmit vital data to hospitals, allowing for more personalized preparation of emergency rooms to meet the needs of their patients. At spill sites, hazardous material information can be obtained by accessing computer databases throughout the country. Stranded motorists without mobile phones I -1 benefit from passing motorists who are able to call for help. These are just a few examples of how the PCS technology can work to enhance public safety and welfare. Enclosed please find a completed Application for CUP, eight (8) copies of the site plan, fifteen (15) copies of the site plan reduced to 8 '/2 " x 11 ", a coverage analysis indicating the need for a site in this location, a letter indicating why there are no structures within a one mile radius that are suitable for co -location, mailing labels for the property owners within 500 feet of the property, and a check in the amount of four hundred and ninety-five dollars ($495). APT respectfully requests that this proposal be placed on the Planning Commission Hearing Agenda for May 12, 1997. APT appreciates the assistance you have provided and looks forward to working with you to provide PCS wireless capability in the city of Plymouth. If you have any further questions or concerns, please feel free to contact me. Sincerely, VNJ _7 9 Michelle R. Johnson Zoning Coordinator, Cellular Realty Advisors, Inc., on behalf of APT 858-0090 (office), 854-4105 (fax) RECE', VIFI=70 APR 14 1997 CITY Or- PLYMOUTHCOMMUNITYDEVELOPMENTDEPT. 4 APT 1701 E. 79th Street Suite 19 Minneapolis, MN 55425 612-858-0000 fax 512-851-9103 May 22, 1997 Mr. John Rask City Planner 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Mr. Rask: A 70S COMPANY E 6: 2 / 7 1997 CITY uM FL'°VOUTH CO,N!"t TY nrV l f f'+T r.rmoJ aFr:' On April 25`h, the City of Plymouth sent a letter to APT informing us that our application to construct a forty meter telecommunication tower at 3515 North Highway 169 in the City of Plymouth was incomplete. This was due to a lack of documentation on the unavailability of the New Hope water tower on 26'h Avenue North as a suitable co - location option for APT. As you are aware, APT submitted an application to the City of Plymouth on October 28, 1996 to construct a forty meter monopole on the Plymouth Middle School Playfield property, located at 10011 36'h Avenue North in Plymouth, Minnesota. During that approval process it was determined that the New Hope water tower could possibly be a viable site. In order to allow system coverage to this area while waiting to determine whether the New Hope water tower would be a viable co -location opportunity for APT, that original application was voluntarily converted to a temporary, rather than permanent location and granted zoning approval. However, no temporary location was ever erected on that site. This was in a residential area. On April 14'h , APT filed the current application for a forty meter tower in the City of Plymouth. Also on April 14'h, the City of New Hope ended their moratorium on communication towers and adopted an ordinance to address their use. In that ordinance, the placement of antennas on an existing structure is granted by administrative permit. However, the water towers in the City of New Hope are owned by a Tri -City Water Commission which includes the cities of New Hope, Crystal, and Golden Valley. To address the use of these water towers, the Commission is developing a "Request for Proposal' application to evaluate which of the providers will be allowed to apply for space on the water towers. Iq Jennifer Groen, of APT, and I spoke with Jeanine Clancy of the New Hope Public Works Department on May 9, 1997 about this process. Ms. Clancy expects the "Request for Proposal" applications to be ready by the end of May at the earliest. At that point, interested providers will have the opportunity to submit proposals. Under this scenario, APT cannot reasonably anticipate use of the tower as an antenna site before late summer or early fall, with no guarantee that APT will be allowed on the tower at all. Please see attached letter to Jeanine Clancy. While the City of New Hope was under a moratorium, there was a legal deadline before which the City had to act on their ordinance. In contrast, there is now no legal pressure on the Tri -City Waters Commission to act in a timely manner. APT cannot make reasonable plans for the future of this site when there is no firm indication when or if the site might be available for APT's use. APT is in the process of developing a system to support PCS technology. This technology will compete with the existing cellular systems and with other PCS providers. In order to be competitive in this marketplace, APT must have the optimum number of sites to cover the entire metropolitan area. Although APT originally believed a temporary site could provide sufficient coverage to this area, it has since been determined by APT's engineers that a temporary site cannot replace a permanent location. For this reason, APT respectfully requests that the City of Plymouth move forward with the processing of our application at 3515 North High Highway 169. In the City's zoning code, Section 21175.03, the requirements are set out for constructing a new tower rather than locating on an existing structure. Several reasons are listed why a structure may not be suitable. Under Subd. 4, the code says, "Other unforeseen reasons that make it unfeasible to locate the antennas upon an existing or approved tower or structure." To be feasible means to have a reasonable assurance of success. With numerous providers expressing interest in the New Hope water towers, APT does not have a reasonable assurance of success in attaining a site on the water tower. Therefore, this site is unusable and should be eliminated as a co -location possibility under the code. APT's primary location for a site has always been in the City of Plymouth, despite the fact that the water tower could be utilized to provide coverage if necessary. If there was not an existing structure on the site of the New Hope water tower, APT would never have considered a location so far from the primary focus point. APT's first application was on an institutional site but in a residential neighborhood. With the current site, APT has utilized a commercial/business neighborhood which should allow the tower to blend well into the surrounding business environment. Additionally, a primary goal of the Plymouth zoning ordinance regarding telecommunication towers is to encourage co -location and reduce the number of towers needed. As the City is aware, US West Wireless will require a site in the same area as APT's current application. After filing for a tower on the school property, the City C 0 directed US West to look in this commercial district for an alternative site. APT and US West have agreed to co -locate on this site. The New Hope water tower is not a viable co -location option for US West. The tower is too tall to meet their need. Thus, a tower of some kind will need to be built in this area in order for US West to meet their system requirements. APT maintains that this location at 3515 North Highway 169 is a prime tower location which meets the conditional use requirements of the City's code. US West has been directed to this site and is now unable to proceed due to the City's determination that APT's application is incomplete. APT is delayed indefinitely in providing system coverage to this area, despite the fact that APT has no reasonable assurance that the New Hope water tower will ever be available for their use. For these reasons, APT respectfully requests that the City of Plymouth proceed with the processing of this application and place it on the agenda for the next Planning Commission on June 10, 1997. Thank you for your attention to this matter. If you have any further questions or concerns, please feel free to contact me. Sincerely, f Michelle R. Johnson Zoning Coordinator, Cellular Realty Advisors, Inc. on behalf of APT 612) 858-0090 (Office), (612) 854-4105 (FAX) APT A T05 COMPANY 1701 E. 79th Street Suite 19 Minneapolis, MN 55425 612-858-0000 Fax 612-851-9103 May 9, 1997 Ms. Jeanine Clancy Director of Public Works City of New Hope Public Works Department 4401 Xylon Avenue North New Hope, MN 55428-4898 Re: New Hope Water Tower Dear Jeanine: On behalf of American Portable Telecom, Michelle Johnson and I would like to take this opportunity to thank you for taking the time to speak with us this week regarding the Tri -City Water Commissions plans to issue a "request for proposal". We apologize for any confusion there has been in who the contact person should be at APT. Please feel free to contact either myself at 858-0101 or Michelle Johnson at 858-0090. I represent APT in both site acquisition and leasing capacities and Michelle works on APT's behalf in all zoning matters. As you may know, the area in which APT is seeking a site can be satisfied by either the New Hope Water Tower at Medicine Lake Road and Highway 169, or by constructing a site at approximately 36` Avenue North and Highway 169 in Plymouth. APT prefers to utilize existing structures whenever possible. Unfortunately, that is not always possible. In the event APT cannot be accommodated on the New Hope Water Tower, the City of Plymouth will require APT to acquire a letter of rejection from the Tri -City Water Commission in order to satisfy the requirements of the City's ordinance. With the launch of APT's system looming in the very near future, APT is anxious to move forward on this site in order to complete PCS coverage along the New Hope/Plymouth 169 corridor. Please contact either Michelle or me as soon 2s the RFP is ready for distribution, as we would like to act on it immediately. In addition to the numbers listed above, you may reach us via fax at 854-4105. Jeanine, thank you for your consideration. We look forward to working with you in the near future. Sincerely yours, fCroen Michelle R. Johnson rdinator Zoning Coordinator lar Realty Advisors Cellular Realty Advisors J APT A TOS COMPANY 1 701 E. 79th Street Suite 19 Minneapolis, MN 55425 612-858-0000 Fax 612-851-9103 June 17, 1997 City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 20 1997 r.e sn l,, , C RE: Letter of Co -location Intent for Proposed PCS Telecommunications Site on Property located at 3515 North Highway 169 in Plymouth, Minnesota To Planning Commission and Members of the City Council: US West Communications has contacted APT about collocation on this site. This letter is to inform you that APT is agreeable to allowing sufficient space on our tower for US West's antennas and equipment. We are currently in the process of finalizing lease negotiations between the two companies which will specify the details of collocation on this site. If you have any further questions or concerns, please feel free to contact me. Sincerely, Michelle Johnson Zoning Coordinator, Cellular Realty Advisors, Inc. on behalf of APT 858-0090 (office), 854-4105 (fax) rAVI AW OAA A TDS COMPANY 1701 E. 79th Street Suite 19 Minneapolis, MN 55425 612-858-0000 Fax 612-851-9103 July 14, 1997 John Rask City Planner 3400 Plymouth Boulevard Plymouth, MN 55447 RE: Application for Conditional Use Permit Proposed PCS Wireless Telephone Antennas Site A10045 Dear Mr. Rask: Attached is a coverage map prepared by our radio frequency engineers which shows the expected coverage from a site at the New Hope water tower. As you can see, there is not a complete lack of coverage from this site, but the signal is weaker than that provided by our site location at 3515 North Highway 169 (please refer to coverage maps submitted with original application). For this reason, APT desires to move forward with collocation with US West Wireless at the Plymouth location. Sincerely, Michelle R. Johnson Zoning Coordinator, Cellular Realty Advisors, Inc., on behalf of APT 858-0090 (office), 854-4105 (fax) U S WEST Communications 426 North Fairview Room 101 St. Paul, MN 55104 Wireless Zoning Board City of Plymouth Minnesota 111"WESr Re: Non feasibility study of New Hope water tower (at intersection of Rte. 169 and Medicine Lake Road) as possible alternate for US WEST site MIN050 Located at 10011 36 Ave. N, Plymouth. Dear Members: US WEST Communications is scheduled to deploy a wireless Personal Communications System (PCS) for the Minneapolis - St. Paul greater metropolitan area in the third quarter of 1997. The intent of the deployed system will be to provide ubiquitous wireless services to the Twin Cities communities. In order to meet the requirements of continuous (seamless) coverage and to be able to carry the projected traffic, a cell site is currently designed to be built at 101136 Ave. N, Plymouth. One of the major and most visible differences between PCS and Cellular systems is the area of coverage of an individual cell. Due to the higher frequency of operation, PCS cells will have considerably smaller coverage areas than Cellular cells. In order to cover the traffic on the heavily traveled Rte. 169, a crucial cell site was needed along Rte 169 closer to Rte. 9. In addition, this site needed to cover the traffic flowing East via Rte. 9 from 1-494 while serving the neighborhoods toward North and North-East of Medicine Lake. To accomplish these coverage objectives, the antennae needs to clear the surrounding tree and building heights by approximately 15-20 ft. Therefore, our monopole has been designed to be situated at a height of 75 ft. to meet the above mentioned design objectives. Regarding capacity, for the corridor along Rte. 169 centered at intersection of Rte. 169 and Rte. 9, the Minneapolis DOT gives the traffic volume as approximately 75,000 automobiles per day, on average. With other secondary roads included, the volume is approximately 85,000 automobiles per day, on average. A reasonable estimate of initial customer penetration puts the traffic carrying requirements for a particular US WEST site in this vicinity at approximately 800 mobiles during busy hour which equates to at least one loaded PCS cell site. The accompanying coverage map will conclusively show the need of a cell site at the proposed location. The water tower situated just North-East of intersection of Rte. 169 and Medicine Lake Road is located more than a 3/4 mile South of our proposed site. First of all, it lies just outside our search ring which was centered at a comparatively high ground near the intersection of Rte. 169 and 36`h Avenue. Second, since the water tower is located almost a mile South -East (in somewhat of a valley) of our proposed cell site, it will not be able to meet capacity requirements for traffic flowing near the intersection of Rte. 169 and Rte. 9. Furthermore, coverage objectives cannot be met for the neighborhoods just North and North-East of Medicine Lake by locating a site on the water tower. Additionally, because of the stringent system design requirements employed using CDMA (Code Division Multiple Access) technology, the interference level generated by situating a site on the water to/from our neighboring site MIN063 (2927 Nevada Avenue N, New Hope) will be intolerable, leading to irrecoverable degradation of system -wide network performance. Because of the above reasons, it will not be technically feasible to use the New Hope water tower as a possible alternate for US WEST cell site MIN050 proposed to be located at 10011 36`h Avenue N, Plymouth. Please do not hesitate to contact me directly at (612)642-6039 should you have any questions regarding the analysis. Sincerely, i Khursheed Khan RF Design Engineer At-t'"U NtA f tL t-LMMUN1 CAT I ONS 6127035900 P. 03/03 AERIAL COMMUNICATIONS Michelle Johnson RE: Plymouth, MN Location APT site 8 0045 Dear Ms. Johnson; Nextel CaMntunloxtienx 9404 James Avenue south, Suite 160 Btoeminpton, MN 5S431 612703-760C FAX 612703-7690 43 June, 1997 Please accept this letter as notification of our desire to collocate on your proposed PCS site at 3515 North Highway 169, Plymouth, MN. This location fits our RF plan and will provide coverage in an area whore our signal strength is at times marginal. We would prefer to be at the top of your proposed structure at the maximum height attainable. Your consideration in this matter is appreciated. sincerely, Charles R. Johnson Systems Developemrnt Manager Z9 3Jl7d 3 7J -n 0 D I 0 MGVVM1dWr93VV to TTTTTTTTTTT TOTAL P.0:3 GZ:ZT L66T/LB/L9 o g o'.' 2 Z z i0 A X i0 Z 0i > N 0 z _ c o m F D AC F c m m Or r CO m Wm z z fD p D x TTTTTTTTTTT TOTAL P.0:3 GZ:ZT L66T/LB/L9 o g o'.' 2 Z z i0 A X i0 Z 0i > N 0 z _ c o m F D ACF c m m Or r YAM W110MFIFEW11-1111 0 W, 0 s FA KILLMER r mmCX X X rFnOz ZO I 0 0 A m M rMO0 Z AG7SG7C7O m Dm (/)S { A X AX :; O A r- 0 JV1mNM0IZ I D --I SOADS r Z Z to -n < z 0 0 m m m CD S O I OZm C M 06 30iH69 ato D -V LLA>L AKLA 44'-9" FENCED AREA 4 L. 0, rnz z O 40 0 ZZO 4 Z 'D T m Dm 00 0 p N O O m r ;a m NCS SD M0 D 0 y 0 C) MK O nM D Z0m0 ZO z 7Cr- J) D V) >< -i xo mo N mo R 0 OD D O C I O i O_0 £X Z Z I O'z0 I rajCv X D mx x L) D m o I 0 as A N CIU110C Erl to I LnM y M r D j -1. I z D m D \ ic%/ o 0 v Z m 'D 0 c OA c.+ C O D D K S A z 0 mKOtI m r o D D z0 D N Ar p f0A Dv Dv0;0 0 0 0 i m 0 m 0InoZNZp I m0 O N0 Nmq N n DD M T c7 o Ln z z Ln 0 v 4 4 I x- - n A TITLE: DATE co SITE PLAN AND 4/4/97 APT F ENLARGED PLAN DRAWN BY: z 0 s7EWAL AMERICAN PORTABLE TELECOM D O PROJECT NO. SITE NAME: DESIGNED BY: Z FLUOR DANIEL 8410 Wast Bryn Mayr Avenue y c 04463230 PLYMOUTH fluor Don41, Ba. CNECNED B: ChicagoSuite . inois 60631 m SITE NO.: 3515 NORTH HWY 169 333 WWII- WII- ^n, B 6-17-97 ISSUED FOR PROPOSAL A . .., , , ,-., , PIYMOUTH. MINNESOTA (714) 975-200 •'; i` 1 4/4/97 ISSUED FOR PROPOSAL uur: (312) 399-4200 130'-0" ANTENNA`. CG m m r m I I O z I I m m II I I u. 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Z O 2 m rm O Z ry m II n v z T x D ;D D ADCO p O O O O DOZD O 10 n0 n0 m 'D z V z 'O 00 Z Um0OO m m O m O r0 m O ZO OO cl0 0O zmtO O O O zm O z0 m O 3'm E.m pm too AO •O frtNO OO D D mmm O O -v O T Oi moi O a m cc co c ED Om= A r D 0 Dz z r, OL7 z+ -z m mm m O m 1E m Z Z Z mpZ ml O z0 n n to to n V) z O UmO m n — — O \ C I m r — m D O Z Drm I In IO A nnE: D.'f: D ELEVATIONS APT1/1/97 D— W: z AMERICAN PORTABLE TELECOMOSTEISKAI D 0 PROJECT NO. SITE NAME: DfsicafD Br: 6410 N c 04463230 FLUOR DANIEL CHECKED West Bryn Mawr Avenue 1100 W 3515 PLYMOUTH NORTH HIGHWAY 169 Fluor Dani,. Inc. 3377 o,l e ChicChicago, Illinois 60631 SITE NO.: e : B 6 -IT -9T ISSUED FOR PROPOSAL A 1/4/91 ISSUED FOR PROPOSAL ar.,rPIVI1l1111HMINNFCOTA 1A 11n n .i oa_innn0 312) 399-4200 Agenda Number: t " TO: Dwight Johnson, City Manager ti FROM: Shawn Drill, Planner through Anne Hurlburt, Community Development Director SUBJECT: Landmark Design and Build, Inc. Conditional Use Permit to allow a Reduced Rear Yard Setback at 11310-36`h Place North (97065) REVIEW DEADLINE: October 9, 1997 DATE: July 14, 1997 for the City Council Meeting of July 23, 1997 1. PROPOSED MOTION: Move to adopt the attached resolution approving a Conditional Use Permit to reduce the required rear yard setback to allow an existing deck to be converted into a screened porch, as recommended by the Planning Commission. Approval of a Conditional Use Permit requires a 4/7 vote of the City Council. 2. BACKGROUND: The applicant is requesting approval of a Conditional Use Permit to reduce the required rear yard setback from 25 feet to 13 feet to allow an existing deck to be converted into a screened porch. On July 8, 1997, the Planning Commission voted unanimously to recommend approval of the Conditional Use Permit. The applicant was present and concurred with the staff recommendation. No one else wished to speak on the matter. 3. ANALYSIS: A provision of the new Zoning Ordinance allows required side and rear yards to be reduced upon issuance of a Conditional Use Permit if the applicable following conditions can be met: 1) The reduction of setback requirements is based upon a specific need or circumstance which is unique to the property in question, and which, if approved, will not set a precedent which is contrary to the intent of the Zoning regulations. File 97065 Page 2 2) Property line drainage and utility easements are maintained or provided, and no building would occur within the easement. 3) The reduction would work toward the preservation of trees or unique physical features of the lot. 4) The reduction will not restrict sun access to the abutting lots. 5) The reduction will not obstruct traffic visibility or cause a public safety problem. This proposal would allow the required rear yard of the subject property to be reduced from 25 feet to 13 feet. Approval of the Conditional Use Permit would allow an existing 11.5 -foot by 14 - foot deck to be converted into a screened porch. The proposed porch would remain the same distance from the lot line as the existing deck. The existing deck complies with all setback regulations. Decks and patios are permitted within six feet of a rear lot line. However, converting a deck into a screen porch in this case requires the Conditional Use Permit because the setback requirement for roofed structures (including screened porches) is 25 feet. The City Council must review this request for compliance with the conditions listed above, as well as the seven Conditional Use Permit standards outlined in the Zoning Ordinance. A copy of the standards is attached. The Planning Commission and staff have found that the proposal meets all the applicable conditions and standards, as follows: The setback reduction is based on a specific need and circumstance related to the property in question. The rear lot line is heavily wooded and the porch would help to provide a usable and enjoyable outdoor environment. The property owner states in her narrative (attached) that an elderly resident of the home who cannot walk outdoors needs the screened porch in order to get fresh air. Staff also notes that the arrangement of this particular lot is unique because it is the only lot in the development that directly abuts the subdivision boundary. No other home in this development would require a Conditional Use Permit to accomplish a similar screened porch. Because the circumstances surrounding this request are unique, approval of the Conditional Use Permit will not set a precedent which is contrary to the intent of the Zoning regulations. The drainage and utility easements along the rear lot line would not be affected. The proposed porch would not restrict sun access to the abutting lots, nor would it obstruct traffic visibility or cause a public safety problem. The proposed porch would not be injurious to the use and enjoyment of other property in the area, nor would it substantially diminish property values. File 97065 Page 3 4. RECOMMENDATION: Community Development Department staff recommends approval of the Conditional Use Permit to reduce the required rear yard setback to allow an existing deck to be converted into a screened porch for property at 11310-36`h Place North, subject to the conditions outlined in the attached resolution, as recommended by the Planning Commission. ATTACHMENTS: 1. Resolution Approving Conditional Use Permit 2. Draft Planning Commission Minutes 3. Conditional Use Permit Standards 4. Applicant's Narrative 5. Location Map 6. Site Graphic CITY OF PLYMOUTH RESOLUTION 97 - APPROVING A CONDITIONAL USE PERMIT FOR LANDMARK DESIGN AND BUILD, INC. FOR PROPERTY LOCATED AT 11310 -36TH PLACE NORTH (97065) WHEREAS, Landmark Design and Build, Inc. has requested a Conditional Use Permit to reduce the required rear yard setback from 25 feet to 13 feet to allow an existing deck to be converted into a screened porch for property located at 11310-36`h Place North; and WHEREAS, the property is legally described as Lot 14, Block 1, Mission Ponds 2nd Addition Revised, Hennepin County, Minnesota; and WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request of Landmark Design and Build, Inc. for a Conditional Use Permit to reduce the required rear yard setback from 25 feet to 13 feet to allow an existing deck to be converted into a screened porch for property located at 11310-36`h Place North, subject to the following conditions: 1. This Conditional Use Permit reduces the required rear yard setback from 25 feet to 13 feet to allow an existing 11.5 -foot by 14 -foot deck to be converted into a screened porch, in accordance with the application and plans received by the City on May 19, 1997 and June 9, 1997, except as amended by this resolution. 2. The Conditional Use Permit is approved with the following findings: The rear setback reduction is based on a specific need and circumstance related to the property in question. The rear lot line is heavily wooded and the porch would provide a usable and enjoyable outdoor environment. The Resolution 97- 97065) Page 2 screened porch would benefit an elderly resident of the home who cannot walk outdoors and needs the screened porch in order to get fresh air. In addition, the arrangement of this particular lot is unique because it is the only lot in the development that directly abuts the subdivision boundary line. No other home in this development would require a Conditional Use Permit to accomplish a similar screened porch. Because the circumstances surrounding this request are unique, approval of the Conditional Use Permit will not set a precedent which is contrary to the intent of the Zoning regulations. The drainage and utility easements along the rear lot line would not be affected. The proposed porch will not restrict sun access to the abutting lots, nor will it obstruct traffic visibility or cause a public safety problem. The proposed porch would not be injurious to the use and enjoyment of other property in the area, nor would it substantially diminish property values. 3. Compliance with all applicable requirements of the City and State Building Codes, including the requirement for a building permit prior to construction. 4. This approval shall expire one year after the date of approval, unless the property owner or applicant has substantially started construction of the project, or unless the landowner or applicant has received prior approval from the City to extend the expiration date for up to one additional year, as regulated under Section 21045.09 of the Zoning Ordinance. Adopted by the City Council on July 23, 1997. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on July 23, 1997 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk Planning Commission Minutes July 8, 1997 Page #153 ould diminish property values, and subject residents to unnecessary noise and fumes. Ms. ooyman commented that the main issue of objection is the loading docks. The numbe parking spaces is also a concern. She stated when Twincorp was approved there were surrounding homeowners to complain about the loading docks. Ms. Hooyman said a also a problem with the trash enclosure that is proposed to face the residential area. Hooyman voiced her disappointment with the developer in asking the residents for an eas is for the Pintail Villas site, but not giving them any details or specifics on the request. Chairman Stulberg introduced StevN am stated that if the Planning Commission continuing the existing Twincorp berm commented that if the developer wants to be an equitable arrangement for berm and well as the developer. Chairman Stulberg closed the public hearing. of 2240 Ranchview Lane 484. Mr. Harmel approve the request, that it should consider s the entire length of this property. He d rm on the Pintail Villas side, it should idscaDTlw to the homeowners satisfaction as MOTION by Commissioner Thompson, seconded by Commi' Sner., Koehnen recommending denial of a Preliminary Plat, PUD General Plan Ament and Conditional Use Permit for Caliber Development Corporation for property loca at the northwest quadrant of Polaris Lane North and 23rd Avenue North. Roll Call Vo 7 Ayes. MOTION approved unanimously. C.) LANDMARK DESIGN AND BUILD, INC. (97065) Chairman Stulberg introduced the request by Landmark Design and Build Inc. for a Conditional use Permit for a rear yard setback encroachment to allow enclosure of a deck for property located at 11310 36"' Place North. Planner Drill gave an overview of the July 1, 1997 staff report. Planner Drill indicated that he did receive a phone call from the resident to the north of this site, with a concern for potential damage to the proposed structure caused by falling branches or trees. Chairman Stulberg introduced Paul Fitzgerald, the petitioner. Mr. Fitzgerald commented that any construction will be going straight up, and that here is no reason to disturb any trees or shrubs. Chairman Stulberg noted that the resident was cautioning that falling branches could cause damage to the proposed structure. Commissioner Koehnen asked if this proposal had been approved by the homeowner's association. Mr. Fitzgerald replied affirmatively. Planning Commission Minutes July 8, 1997 Page # 154 Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the issue. MOTION by Commissioner Ribbe, seconded by Commissioner Stoebner recommending approval of a Conditional Use Permit for Landmark Design and Build, Inc. for property located at 11310 36`h Place North. Roll Call Vote. 7 Ayes. MOTION approved on a unanimous vote. airman Stulberg introduced the request by David Bearman for a Variance for a 10 -foot si and setback where 15 feet is required, and a Variance fora 22.75 -foot front yard setb\C% naton ere 25 feet is required to build an addition to an existing garage and home at 3725 Lane North. Planner LindaX gave an overview of the June 27, 1997 staff report. Chairman Stulberg ummarized that the difference between this application and the previous one is that th applicant is requesting one-half foot more on the side yard and four foot less on the front d setback. Planner Lindahl concurred. Commissioner Berkowitz as d if this application could have gone through the administrative approval process. Tanner Lindahl replied affirmatively, but added that notices are sent out, and if any o\ th:h ounding residents oppose the application, it would then require a public hearinthe Planning Commission, and then on to the City Council for consideration. Chairman Stulberg introduced David Bearman, he applicant. Mr. Bearman stated that there home is relatively small (1,325 square feet o pper two floors). The lower level of the home contains a bedroom, computer room, and fa 'ly room. Mr. Bearman stated that the pie shaped lot causes a hardship. They have take their plans and examined each alternative thoroughly, and feel that they have come with the best compromise feasible. Mr. Bearman said he does not believe that it wi decrease traffic visibility. There is limited traffic flow in the neighborhood. He presente ctures of his home and the neighborhood, and indicated 27 inches as measured out on a pie of string. He stated that this variance would not cause it to be out of character for the nei borhood, as each house is unique. Mr. Bearman commented that the third stall garage uld be moved back on the lot, but it would cause a 9.5 side yard setback, which staff icated they wouldn't recommend approval of. Commissioner Ribbe asked Mr. Bearman if moving the third stall garage ba is acceptable. Mr. Bearman replied that there would still be a small portion of the front t t ZONING ORDINANCE CONDITIONAL USE PERMIT STANDARDS 21015.02 PROCEDURE: Pursuant to Minnesota Statutes 15.99, an application for a conditional use permit shall be approved or denied within sixty(60) days from the date of its official and complete submission unless extended pursuant to Statute or a time waiver is granted by the applicant. If applicable, processing of the application through required state or federal agencies shall extend the review and decision-making period an additional sixty 60) days unless this limitation is waived by the applicant. Subd.5. The Planning Commission shall consider possible adverse effects of the proposed conditional use. Its judgment shall be based upon (but not limited to) the following factors: Compliance with and effect upon the Comprehensive Plan, including public facilities and capital improvement plans. 2. The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 4. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 5. Adequate public facilities and services are available or can be reasonably provided to accommodate the use which is proposed. 6. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 7. The conditional use complies with the general and specific performance standards as specified by this Section and this Chapter. Section 21015 -Plymouth Zoning Ordinance forms/cupsta) June 9, 1997 City of Plymouth Board & Zoning Administrator 3400 Plymouth Boulevard Plymouth, MN 55447 To Whom It May Concern: 1. When I purchased this home last February, prior to relocating here in March from the Washington, D.C. area, I was apprised by my realtor that there would be no problem screening my deck. This was extremely important to me because my housemate is a senior citizen, over 80, who underwent both knee replacements in February. He is unable to walk outdoors, (Minnesota granted him a handicapped driver's tag) and needs the screened porch badly. This would be his only option for getting fresh air. 2. No one informed me at the time of purchase that this land plat differs from all others in the development; however, roofing the deck does NOT interfere with any neighbor's view or access or anything. It simply creates an insect -free environment for me and my housemate. 3. The purpose has been eloquently stated. There is no parcel of land involved. We are simply discussing roofing an already existing deck in order to attach screening. 4. This has already been explained in # 1. 5. The roofing of the existent deck has already been approved by the Mission Ponds Homeowners' Association who are extraordinarily careful, as they should be, about this townhouse community. 6. Nothing will be impaired visually, no light will be diminished, since it's in my backyard. There can be no congestion of public streets, no increased danger of fire, no endangerment of public safety and it will not substantially nor infinitesimally diminish or impair property values within the neighborhood. On the contrary, it may encourage other homeowners to screen their existing decks. 7. Absolutely necessary. At this time, since the request was submitted over a month ago, I would like my housemate to have access to the outdoors as quickly as possible before the good weather terminates. Because of his many physical infirmities, and the great number of Cl medications he takes daily, direct sunlight is not recommended for him; therefore, he cannot utilize the deck in its present form. Because of his age, I would implore you to move immediately to grant this variance. Thank you, Marlene Solomon Homeowner sn Site kE R Lel Q I D J vc - '. s 0 cq 5;7.T £9 Y-LYolv — Nig 5;7.T £9 Y-LYolv — Agenda Number: n 1 TO: Dwight Johnson, City Manager FROM: Anne Hurt, Community Development Director SUBJECT: Solicitation of Proposals for Consulting Services, Comprehensive Plan Update DATE: July 15, 1995 for the City Council Meeting of July 23, 1995 1. PROPOSED MOTION: Adopt the attached resolution authorizing staff to issue requests for proposals (RFP) for consultant assistance with the preparation of the Comprehensive Plan Update. 2. STATEMENT OF THE PROBLEM, ISSUE OR PROJECT: In 1996, the Minnesota Legislature adopted amendments to the Metropolitan Land Planning Act which require all cities in the Metro Area to update their comprehensive plans. Current staff resources are not adequate to undertake the work required. Assistance will be needed with land use planning (including the planning for northwest Plymouth) as well as for updating the other elements of the plan (including transportation, sewer, parks, etc.) Some of this work will also require specific expertise not available in-house. We will be proposing to hire a consultant or consultants for several phases of the project. The first phase will be to develop and test alternative land use plans (including a no -growth option) for northwest Plymouth and to prepare a preliminary land use plan update for the City, upon which the rest of the plans will be based. It is possible that one consulting firm may not have the qualifications to do the entire project; for example, we may utilize one firm for land use planning but also use another consultant for a portion of the work (such as analyzing impacts on the sewer plan) depending on the particular area of expertise is needed. After completion of phase 1, we may need to solicit additional or different consultants for the second phase of the project-- the public facilities plan elements (sewer, transportation, parks) and other elements (housing, implementation, etc.) The scope of this work will depend to a great degree on the results of the first phase of the plan update. 3. ALTERNATIVES: If consultant assistance is not sought, very little progress will be made on the plan update in the next year, given the size of the project, the existing workload and current staffing level. 4. DISCUSSION: Responses to the City's request for proposals to provide consulting services will be due to the City approximately 3 weeks after the RFP is issued. The exact date is yet to be determined, but we are hoping that it will be in late August. After the proposals are received, we expect to narrow the number to 2 or 3 for interviews, depending upon the number received. Interviews would be conducted by a committee consisting of staff and representatives of the City Council and Planning Commission. Based on the results of the interview process, we will negotiate a contract and detailed work program with the selected consultant(s). This work program (which will include plans for public participation) and contract will be forwarded to the City Council for approval. Tentatively, we hope that this would occur in September. 5. BUDGET IMPACT: The total budget for the comprehensive plan update has not been determined. Until we develop a detailed work plan and hire a consultant we will not have a final cost estimate. We have applied for a Local Planning Assistance Grant from the Metropolitan Council for the first phase of the project, which we roughly estimated at $40,000 for the purposes of the grant application. An anticipated grant of about $20,000, supplemented by Community Development Fund moneys currently on hand, should cover the cost of the first phase of the project. All expenditures will be subject to Council approval as part of the consulting contracts and work programs. 6. RECOMMENDATION: I recommend that the City Council adopt the attached resolution authorizing staff to issue requests for proposals for consultant assistance with the preparation of the Comprehensive Plan Update. ATTACHMENTS: 1. Draft Resolution cd\plan\staffrep\cc97\Compplanconsultant.doc 2 A, CITY OF PLYMOUTH RESOLUTION NO. 97 - APPROVING ISSUANCE OF REQUEST FOR PROPOSALS FOR CONSULTING SERVICES FOR THE COMPREHENSIVE PLAN UPDATE WHEREAS, in 1996 the Minnesota Legislature adopted amendments to the Metropolitan Land Planning Act which require all cities in the Metro Area to update their comprehensive plans; and WHEREAS, the City of Plymouth will be updating its comprehensive plan in 1997 and 1998 in order to meet the requirements of the law; and WHEREAS, this work will include a revised Land Use Plan, including a plan for future land uses in northwest Plymouth, as well as updates to the Public Facilities, Housing and Implementation elements of the plan; and WHEREAS, it is necessary for the City to obtain consulting services from one or more firms to supplement the staff available to conduct this work; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that staff is hereby authorized to issue requests for proposals for consultant assistance with the preparation of the Comprehensive Plan Update. Adopted by the City Council on July 23, 1997. cd\plan\staffrep\res97\compplanupdate. doc X It Agenda Number: ,n_111 TO: Dwight Johnson, City Manager - FROM: Edward Goldsmith, HRA Supervisor through Ann? Hurlburt, Community Development Director SUBJECT: Authorization to Submit an Application to the Metropolitan Council for a Livable Communities Demonstration Account Grant for the Village at Bassett Creek Proposed Development, Highway 55 and Revere Lane DATE: July 11, 1997 for City Council Meeting of July 23, 1997 1. PROPOSED MOTION: Adopt the attached resolution giving authorization to the City Manager to submit an application to the Metropolitan Council for a Livable Communities Demonstration Account grant for the proposed Village at Bassett Creek development. 2. BACKGROUND: At the City Council meeting on February 19, 1997, the Council gave preliminary approval for the use of up to $3.1 million in tax increment financing assistance for the development of the 23.2 acre property located at the northwest quadrant of Highway 55 and Revere Lane that has been proposed for development by The Rottlund Company. This assistance is necessary because of soil correction costs at the site and in order to include affordable housing as part of the development. Without such assistance the proposed development could not occur. Since the Council's preliminary approval, The Rottlund Company has concluded a purchase agreement to acquire the site for $965,000, a reduction of $335,000 from the owner's previous asking price, that was anticipated in the Council's approval; and developed a detailed site plan for the residential portion of the development. The development is planned to include 178 for -sale townhomes, 46 units of federally subsidized Section 202 senior rental housing, 6 units of Metropolitan Housing Opportunities Program (MHDP) federally subsidized public housing rental units for low income families, and an office/commercial area immediately adjacent to Highway 55. The Section 202 senior housing and the MHOP family housing would be developed and owned by the non-profit housing developer CommonBond Communities (formerly Westminster Corporation). The Rottlund Company would develop 68 "homeownership" townhomes that would sell for $110,000 — which is under the Metropolitan Council's limit for affordable" housing; and 110 modest cost market rate "homeownership" townhomes at 130,000 to $140,000. With 38% of the homeownership units at "affordable" prices and 100% of the rental units "affordable", this proposal exceeds the City's adopted housing goals A of 21% and 35% respectively. The proposal also meets the density and life -cycle housing a goals adopted by the City. 3. DISCUSSION: At the time that the Council gave preliminary approval to the use of tax increment financing, staff proposed that we would attempt to obtain additional financial assistance from other sources, including Livable Communities funds from the Metropolitan Council. Staff has been working with the developer to prepare an application from the City to the Metropolitan Council for Livable Communities Demonstration Account funding. The Application must be submitted to the Metropolitan Council by August 8, 1997. The proposals to be funded are to be announced in December, 1997. The Demonstration Account provides funding for "projects that demonstrate creative and innovative models of compact, efficient development by linking land uses and systems— mixed-use and mixed -income housing, transit, employment, commercial, community institutions, public spaces." Staff proposes to apply for Demonstration Account funding to support and expand those aspects of the proposed development that meet the Demonstration Account funding criteria. Staff have prepared a summary of the application proposal that is attached to this report. 4. BUDGET IMPACT: If awarded to the City, Demonstration Account funds would supplement the City's proposed tax increment assistance. To the extent that the Demonstration Account funds would be used to offset other project costs it would reduce the amount of the City's assistance. It is anticipated that Demonstration Account funding could provide from $200,000 to $500,000 in assistance. 5. RECOMMENDATION: Staff recommends that the Council adopt the attached resolution authorizing the City Manger to submit an application to the Metropolitan Council for a Livable Communities Demonstration Account grant for the proposed Village at Bassett Creek development. ATTACHMENTS: 1. Draft City Council Resolution 2. Site Location Map 3. Schematic Site Plan 4. Summary of Proposed Demonstration Account Application Oco=uuity dwelop=tVauarkg\bmV Rrep\c7lcda727.doc 2 8D 9b I IN.4-d21--- MA ocation map - 97080 ft/und hbmes( The Village At Bassett Creek Reauest for a (PUD GP/PPI aria V., wo 4 Qn «< < 8 nnn pu UP r- hoOtt < ) po NrlfYl 13 a ia<aa iq n a$ 4 p x a a "a sa o = MP1 I W iE q tz 4e 411,Tgel t (( Livable Communities Demonstration Account of the.Metropolitan Livable Communities Fund J3,'1UIIIIL D 1 NVG AVIODIEL S IFOR IL IIIFF(CYCILIE rC 0 1 11 1 1IlLIIIwII7l7IlE.s'' PROJECT SUMMARY FORM (1997) I. Project Name: The Village at Bassett Creek II. Project Location (see attached location and site map) The site is located at Revere Lane North, north of Highway 55, east of South Shore Drive, and south of 10`h Avenue North in Plymouth, Minnesota. III.Project Description Designed to accentuate the functional relationships between various land uses within a small geographic area, the Village at Bassett Creek integrates affordable, moderate -priced, and life -cycle housing with commercial and retail development, public open space and environmental amenities, employment opportunities, and transportation links. This efficient, compact and mixed-use project marks a departure from recent suburban development patterns and techniques. The innovative partnership among a for-profit developer, a non-profit developer, the City of Plymouth, and the federal government provides a new model for development that is consistent with the principles of the Livable Communities Act. The project proposal includes: 186 attached ownership townhomes ranging in price from $110,000 to $140,000 developed by Rottlund Company, a for-profit developer); 46 units of low-income rental senior housing (CommonBond Communities, a non-profit developer); 1 office/commercial building (Rottlund Company). Other project characteristics: In -fill development; Higher density housing; Near supermarket, numerous retail shops, mobile home park, existing residential community, three mid -rise office buildings, day care facility, wetlands and creek; Environmental features (wetlands, Bassett Creek) will be preserved and will enhance the livability of the project by providing public open space. The project links affordable housing to employment opportunities: Park and Ride" transit site to be relocated to adjacent shopping center, providing access to downtown Minneapolis jobs; Located along main artery (Highway 55), and near Highway 169 and I-494; Only minutes from several large local employers. The project is a unique collaboration among the following: City: Tax Increment Financing to correct soil problems, enabling the utilization of otherwise marginal developable land; For-profit and non-profit developers: working together to develop life -cycle housing; ' Federal government: HUD Section 202 funds committed to senior housing project. IV. Special Features 1. Mixed-use development. Integrates housing with commercial and retail, environmental amenities, employment opportunities, and transportation links. 2. Links affordable housing to employment opportunities. Links to local and downtown employment. Located near "Park and Ride" and large local employers. 3. Innovative partnerships. Partnership between federal government, local government, private for-profit developer, and non-profit developer. 4. Long-term affordability. Utilizes a mechanism to assure long term affordability for owner -occupied housing. 5. Utilization of marginally developable land. The City is financing the soil correction costs to allow for development on the site. V. Status of Proposal Planned Unit Development rezoning and preliminary plat under City review. Preliminary approval for Tax Increment Financing assistance. Secured Section 202 funds for senior housing. A proposal for Hollman/MHDP units is being prepared for the site. VI. Contact Person Name: Ed Goldsmith, HRA Supervisor Address: The City of Plymouth 3400 Plymouth Boulevard Plymouth MN 55447-1482 Phone: 509-5412 Fax: 509-5407 f Agenda Number: TO: Dwight Johnson, City Manager FROM: Craig C. Gerdes, Director of Public Safety SUB T: AMENDMENT TO CITY CODE SECTION 1150, TOBACCO AND RELATED PRODUCTS DATE: July 11, 1997 for July 23, 1997 City Council Meeting 1. ACTION REQUESTED: The City Council adopt the change to Plymouth City Code Section 1150 - Tobacco and Related Products, which deals with the licensing and sale of these products. 2. BACKGROUND: In February of 1996, the City of Plymouth adopted an ordinance regulating the display and sale of tobacco and related products. The City has provided an educational program to vendors within the City and also performs enforcement actions, including compliance checks. The new state tobacco law (Session Law Chapter 227), which becomes effective August 1, puts new minimum standards into place state-wide. Any city ordinance adopted or amended to maintain local control over tobacco sales needs to contain several provisions, but can be more restrictive. The only provision not currently covered in our ordinance is the option of allowing minors to be diverted into an alternative penalty system, such as the department's PAYS program as an option. We also need to change the wording on the vending machine sales and self-service sales to ensure coverage with the state law and FDA rules and regulations. Our current ordinance also has wording that all violations are misdemeanors which is not the case; some violations are gross misdemeanors and some are petty misdemeanors. We have corrected this language. The requirements of an administrative penalty section with minimum dollar fines, mandatory compliance checks, and licensing are already included in our ordinance. 3. ALTERNATIVES: The Council could leave the ordinance as it stands. This could invalidate our ordinance or at least parts of it that do no coincide with state law. 4. DISCUSSION: Staff has gone over the requirements of the state law and believes the necessary changes are good for the city's tobacco compliance program. The ordinance is also compliant with all FDA rules and regulations including those that become effective August 28. 5. BUDGET IMPACT: There should be no impact on the budget. 6. RECOMMENDATION: Staff recommends the City Council adopt the proposed ordinance change to Plymouth City Code Section 1150 -Tobacco and Related Products. ORDINANCE NO. 97 - AN ORDINANCE AMENDING THE PLYMOUTH CITY CODE CONCERNING THE SALE AND PURCHASE OF TOBACCO PRODUCTS THE CITY OF PLYMOUTH ORDAINS: Sec. 1. Plymouth City Code Section 1150, TOBACCO AND RELATED PRODUCTS is amended to read as follows: 1150.01. License Required. No person shall directly, by coin machine, or otherwise, keep for retail sale, sell at retail, or otherwise dispose of, any cigarette, cigarette wrapper, tobacco, or tobacco products at any place in the City unless they have obtained a license therefor as provided herein. 1150.03. Application for License; Granting of License by Council; Issuance of License by Clerk. Application for such license shall be made to the City Clerk and shall state the full name and address of the applicant, the location of the building to be occupied by the applicant in the conduct of his business, the kind of business to be conducted, and such other information as the City Clerk may require. The license shall be granted by the City Council and issued by the City Clerk upon payment of the required fee. 1150.05. License Fee; Term; Date. The fee for a license is set by Chapter X. The license expires on December 31 st. 1 150.07. Prohibited Acts. a. No person shall sell, give away, or otherwise furnish any cigarette, cigarette paper, tobacco, or tobacco products to any person under the age of eighteen years. b. No person shall keep for sale, sell, or dispose of any cigarette or other tobacco product containing opium, morphine, jimson weed, bella donna, strychnia, cocaine, marijuana, or any other deleterious or poisonous drug, except nicotine. c. No person shall sell or dispense any tobacco product through the use of a vending machine, unless the vending machine is eleetFe ,;^^n., aetiya+^,I f.,. eaE)h tFan6n by the lieenssee OF a—peFSE)n in theiF• leyi OF URIess the thin maehi^^ is in a nonpublic area with no minor access as verified by a premises survey conducted by the Department of Public Safety. d. No person shall offer for sale any tobacco product by means of self- service merchandising, unless the display is in a nonpublic area with no minor access as ddreEt view of and RE) case MOM than 20 feet4ertthe ; ai:y eashoeF and meets one of the fOIleWiRg_seeuFity FequiFementsi within thinee feet ofth e -ea s;Ter-ein,-iin an erre sed -ease -w, i e h registers an audible ala Fm when opened ^)F, in a totally eentFelled sepaFate aFea, er -ars—a Ped verified by a premises survey conducted by the Department of Public Safety. e. Every licensee shall be responsible for the conduct of its employees while on the licensed premises and any sale or other disposition of tobacco products by an employee to a person under 18 years of age shall be considered an act of the licensee for purposes of imposing an administrative fine, license suspension, or revocation. 1150.09. Display of License on Premises. Every such license shall be openly displayed in the place of business to which it has been issued. 1150.10. Violations. a. Misdemeanors. Any person who violates this ordinance shall be guilty of a misdemeanor unless the violation has a specific penalty designated by state law. b. Administrative Civil Penalties; Individuals. Any person who sells any tobacco product to a person under the age of 18 years is subject to an administrative penalty; and any person under the age of 18 who attempts to purchase a tobacco product is subject to an administrative penalty. The City Council may impose administrative penalties as follows: First violation. The City Council may impose a civil fine not to exceed 500. Second violation within 12 months. The City Council may impose a civil fine not to exceed $750. Third violation within 12 months. The City Council may impose a civil fine not to exceed $1,000. c. Administrative Civil Penalties; Licensee. If a licensee or an employee of a licensee is found to have sold tobacco to a person under the age of 18 years, the licensee shall be subject to an administrative penalty as follows: First violation. The City Council may impose a civil fine not to exceed 5500 and/or suspend for a period not to exceed 10 days. Second violation within 12 months. The City Council may impose a civil fine not to exceed $750 and/or suspend for a period not to exceed 20 days. Third violation within 12 months. The City Council may impose a civil fine not to exceed $1,000 and/or suspend for a period not to exceed 30 days. d. Defense. It is a defense to the charge of selling tobacco to a person under the age of 18 years, that the licensee or individual, in making the sale, reasonably and in good faith relied upon representation of proof of age described in State Statute section 340A.503, subdivision 6, paragraph (a). e. Exemption. A person, no younger than 15 and no older than 17, may be enlisted to assist in the tests of compliance, provided that written consent from the person's parent or guardian has been obtained and that the person shall at all times act only under the direct supervision of a law enforcement officer or an employee of the licensing department, or in conjunction with an in-house program that has been pre -approved by the Department of Public Safety. A person who purchases or attempts to purchase tobacco -related products while in this capacity is exempt from the penalties imposed by subdivisions a and b above. f. Revocation. The City Council has the authority to revoke any license as noted in Section 1005.21. g. Penalty for minors. Although it will remain a petty misdemeanor for a minor to use or possess tobacco, the city, after consulting with interested educators and/or parents, may use an alternative penalty system (diversion program). Sec. 3. This ordinance is effective upon its passage. Mayor City Clerk New language is underlined, language to be deleted is stFuea l".) Agenda Number: -- TO: Mayor and City Council FROM: Kathy Lueckert, Assistant City Manager SUBJECT: Approve Addition of Discussion of Council Procedures and Scheduling to July 29, 1997 Special Council Meeting DATE: July 18, 1997 for July 23, 1997 City Council Meeting 1. ACTION REQUESTED: Make a motion approving the addition of discussion of council procedures and scheduling to July 29, 1997 Special Council Meeting. 2. DISCUSSION: In light of recent city council meetings, several councilmembers have requested the addition of a discussion of council procedures and scheduling to the special council meeting on July 29. If approved, the agenda for this meeting would include discussion of the Ice Arena, the proposed Activity Center, West Medicine Lake Park, the proposed Shenandoah Woods Housing Improvement District, and city council procedure and scheduling. 3. RECOMMENDATION: I recommend approval of the addition of a discussion of city council procedures and scheduling to the July 29, 1997 special council meeting. Agenda Number: TO: Dwight Jo hnon, City Manager FROM: Milt Daousin Specialist and Edward 1gpGoldsmith, HRA Supervisor through Anne Hurlburt. Community Development Director SUBJECT: Reference to Handicapped Accessible Housing in the City Housing Plan DATE: July 14, 1997 for City Council Meeting of July 23, 1997 1. ACTION REQUESTED: Direct staff to consider additional language in the City's Housing Plan as part of the next up -date of the City's Comprehensive Plan to specifically affirm the City's commitment to promoting special needs housing that is accessible and affordable to City residents with disabilities. 2. BACKGROUND: Currently handicapped accessible housing is referenced in the City's Housing Plan under the designation of special needs life -cycle housing. Council Member Johnson has requested that more emphasis be given in the Plan to the specific issue of developing affordable accessible housing for disabled persons. As part of the state mandated 1998 up -date of the City's Comprehensive Plan, the Housing Plan will also be revised. 4. DISCUSSION: While current language in the Housing Plan includes handicapped accessible housing as a sub- category of special needs life -cycle housing, language could be added to the Plan that more specifically references this type of housing and establishes a specific objective to promote the development of such housing. As part of the drafting of a revised Housing Plan, we can develop such additional language. 5. BUDGET IMPACT: Until specific language has been drafted, we cannot anticipate any specific budget impact. However funding could be solicited through non-profit, federal and state funding sources for the development of such housing. 6. RECOMMENDATION: We recommend that a motion be made to direct staff to consider additional language in the City's Housing Plan as part of the next up -date of the City's Comprehensive Plan to specifically affirm the City's commitment to promoting special needs housing that is accessible and affordable to City residents with disabilities. Hra\staffrepM 4acces Agenda Number: ` DATE: July 14, 1997 for the City Council Meeting of July 23, 1997 TO: Dwight D. Johnson, City Manager through . Fred G. Moore, P.E., Director of Public Works FROM: Daniel L. Faulkner, P.E. City Engineer SUBJECT: PLYMOUTH SUPPORT FOR HENNEPIN COUNTY IMPROVEMENT OF COUNTY ROAD 101 FROM COUNTY ROAD 24 TO STATE HIGHWAY 55 ACTION REQUESTED: Make a motion to adopt the attached resolution authorizing the City's support for Hennepin County's improvement of County Road 101 from County Road 24 to State Highway 55. BACKGROUND: Both the City of Plymouth and Hennepin County have had the improvement of County Road 101 from County Road 24 to State Highway 55 on their respective Capital Improvement Plans for at least five years. Both Capital Improvement Plans show the improvement of this segment of County Road 101 in the year 2000. At this time, Hennepin County is asking for official support from the City of Plymouth in its application for ISTEA funding from the Federal government for the improvement of County Road 101. RECOMMENDATIONS AND CONCLUSIONS: I hereby recommend that the City Council approve the attached resolution authorizing the City of Plymouth's support for Hennepin County to improve County Road 101 from County Road 24 to State Highway 55. Daniel L. Faulkner, P.E. attachment: Resolution G:\PW\B4ineeriDg\GENERAL\MEMOS\DANFkcomtysupport.doc CITY OF PLYMOUTH RESOLUTION NO. 97 - AUTHORIZE THE REPORT FOR HENNEPIN COUNTY FOR THE IMPROVEMENT OF COUNTY ROAD 101 FROM COUNTY ROAD 24 TO STATE HIGHWAY 55 WHEREAS, Hennepin County has requested the City's official support for future improvements to County Road 101 from County Road 24 to State Highway 55; and WHEREAS, support from the City of Plymouth will aid the County in securing Federal ISTEA funding (Intermodal Surface Transportation Efficiency Act). WHEREAS, the City has included this proposed improvement of County Road 101 from County Road 24 to State Highway 55 in its approved Capital Improvement Program as a year 2000 project with the County. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the City of Plymouth supports Hennepin County in making improvements to County Road 101 from County Road 24 to State Highway 55. 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O Ir 1 g Y> er Im PL p r p V O I 13111 AVE 1 AV 11M AVE O j AV m A Uw 12TN AVE t3l1 AVE - w ' J 0ItAVE ItM "V > 1TX Ei A E4,, 00A liT AVE SiyNYs g AVE" fu I n 1DM AVE J M" I / 92A r YS 3 TEl S twN AVES AVE! 0 r4M a MAVE t1YtA 3 6MA O TM AVE F V S G6 ` '1MVIEattl SYONr aIt AVE af.t A A AHA aTa! n qq30S Agenda Number: (. DATE: July 14, 1997 for the City Council Meeting of July 23, 1997 TO: Dwight D. Johnson, City Manager through Fred G. Moore, P.E., Director of Public Works FROM: Daniel L. Faulkner, P.E. City Engineer SUBJECT: CHANGE ORDER NO. 3 1995 TRAIL IMPROVEMENTS CITY PROJECT NO. 4017 ACTION REQUESTED: Make a motion to adopt the attached resolution approving Change Order No. 3 for the above project. BACKGROUND: Attached is Change Order No. 3 for the 1995 Trail Improvements Project, City Project 4017. Change Order No. 3 provides for the revision of unit prices for select granular borrow and common borrow. The unit prices are being adjusted per the contract because the contract quantities overran more than 125 %. Change Order No. 3 will increase the contract cost by $10,174.50. RECOMMENDATIONS AND CONCLUSIONS: I hereby recommend that the City Council approve Change Order No. 3 for the 1995 Trail Improvements Project, City Project No. 4017, at an additional cost of $10,174.50. Daniel L. Faulkner, P.E. attachments: Resolution Change Order No. 3 Ply_W\ntdiskl\PW\Eogi eecing\PROJEM\417\MFMOS\chgor3.doc CITY OF PLYMOUTH RESOLUTION NO. 97 - APPROVING CHANGE ORDER NO. 3 1995 TRAIL IMPROVEMENTS CITY PROJECT NO. 4017 WHEREAS, Change Order No. 3 has been prepared providing for the following: Change in unit price for granular and common borrow. WHEREAS, Change Order No. 3 for 1995 Trail Improvements, City Project No. 4017, is recommended for approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That Change Order No. 3 to Driveway Design for the 1995 Trail Improvements, City Project No. 4017, by adding $10,174.50 is approved: Original Contract Amount Previous Change Order - Add THIS CHANGE ORDER NO. 3 - Add REVISED CONTRACT AMOUNT Adopted by the City Council on July 23, 1997. 332,421.85 39, 828.96 10.174.50 382,425.31 G:\PVAEbginftA4\PROJECTS\417\RESOL\CHGORD3.doe June 24, 1997 CHANGE ORDER NO. 3 CITY OF PLYMOUTH 3400 Plymouth Boulevard Plymouth, Minnesota 55447 SRF No. 0942081 PROJECT: BITUMINOUS TRAIL IMPROVEMENTS 'c 1995 PARK BOND TRAILS co CITY PROJECT NO. 417 LO CONTRACTOR: DRIVEWAY DESIGN, INC. 4810 West Medicine Lake Drive ` Plymouth, MN 55442 WHEREAS: The select granular borrow and common borrow grading items in the contract overran the contract quantities due to the many field revisions; and WHEREAS: The Contractor had to find a new source for the additional quantities of select granular borrow and common borrow; and WHEREAS: The Contractor has requested that the select granular borrow and common borrow unit bid prices be revised for these additional quantities. THEREFORE: In accordance with the terms of the Contract, you are hereby authorized and instructed to perform the improvements as follows: 1995 Park Bond Trails Change Order No. 3 City Project No. 417 DECREASE*** Estimated Item No. Item Descriptionion nit Unit Price Quantity 2105.522 Select Granular Borrow (CV) Cu. Yd. $ 6.00 823 2105.523 Common Borrow Cu. Yd. $ 4.00 2,157 SUBTOTAL DECREASE INCREASE*** Item No. Item Description 2105.522 Select Granular Borrow (CV) 2105.523 Common Borrow Estimated Unit Unit Price Quantily Cu. Yd. $ 10.50 823 Cu. Yd. $ 7.00 2,157 SUBTOTALINCREASE NET INCREASE IN CONTRACT AMOUNT CONTRACT SUMMARY Original Contract Amount: Previously Approved Change Orders Change Order No. 3 Revised Contract Amount ISSUED: SRF CONSULTING GROUP, INC. ACC -PTED BY DRIVEWAY DESIG_W, INC. APPROVED BY: CITY OF PLYMOUTH DATE DATE DATE 2N—Q7 Page 2 Amount 4,938.00 8.628.00 13,566.00 Amount 8,641.50 15.099.00 23,740.50 10,174.50 332,421.85 39,828.96 10.174.50 382.425.31 Agenda Number: DATE: July 14, 1997 for the City Council Meeting of July 23, 1997. TO: Dwight D. Johnson, City Manager through Fred G. Moore, P.E., Director of Public Works FROM: Daniel L. Faulkner, P.E., City Engineer SUBJECT: AWARD CONTRACT VICKSBURG LANE STREET RECONSTRUCTION PROJECT CITY PROJECT NO. 7010 ACTION REQUESTED: Make a motion to adopt the attached resolution awarding the contract for the Vicksburg Lane Street Reconstruction Project from Gleason Lake Road to Highway 55, City Project No. 7010. BACKGROUND: On July 10, 1997, bids were publicly opened for the Vicksburg Lane Street Reconstruction Project. In addition to the base bid, an alternate bid was solicited which substituted pavement removal and replacement for the cold in-place recycling in the base bid. A total of three bids were received for the base bid, ranging from $457,183.06 to $466,316.95. Four bids were received for the alternate bid ranging from $449,579.36 to $535,410.55. The engineer's construction cost estimate for this project was $514,284.10 and $542,988.10 for the base and alternate bids respectively. The bids have been checked for accuracy, and the low bidder is Hardrives of Rogers, Minnesota. The Design Engineering staff feels that they are capable of constructing the project in accordance with the approved plans and specifications. The cold in-place recycling was initially thought to be a faster and less expensive construction method than conventional removal and replacement of the pavement. Due to the relatively small size of the project and the high cost of the equipment needed for the cold in-place recycling, removal and replacement of the pavement was bid at a lower project cost. The cost savings, combined with a more proven technology make the alternate bid the preferable. The one drawback to the alternate bid is that removal and replacement may take longer than the recycling would. The project completion date for Vicksburg Lane adjacent to the school is September 1 for both bid options. G:\PWNEngineering\PROJECTS\7010\MEMOS\AWRD701O.doc SUBJECT: AWARD CONTRACT VICKSBURG LANE STREET RECONSTRUCTION Page Two BUDGET IMPACTS: This project will be funded through a combination of Special Assessments and the Street Replacement Fund (established from TIF interest). Below is a table comparing the feasibility report and low bid construction costs. A 10% contingency amount was estimated in the feasibility report. The maximum contingency factor of 5 % is typical for actual construction bids. Construction Costs Contingency Amount Total Feasibility Report $581,165 $58,120 $693,285 Low Bid $449,580 $22,480 $472,060 The Finance Department has indicated that there is ample funding available in the Street Replacement Fund to construct this project. RECOMMENDATION: I recommend that the City Council adopt the attached resolution awarding the contract to Hardrives for the Vicksburg Lane Street Reconstruction Project City Project No. 7010 in the amount of $449,579.36 based on the alternate bid. Daniel L. Faulkner, P.E. City Engineer attachment: Resolution Map G:\PW\Ensincering\PROJECTS\7010\MEMOS\AWRD701O.doc CITY OF PLYMOUTH RESOLUTION NO. 97 - AWARD CONTRACT VICKSBURG LANE STREET RECONSTRUCTION PROJECT CITY PROJECT NO. 7010 WHEREAS, pursuant to an advertisement for bids for the Vicksburg Lane Street Reconstruction Project, bids were received, opened and tabulated according to law; and WHEREAS, both Base and Alternate bids were solicited, and it has been determined that awarding the Alternate bid is in the City's best interest; and WHEREAS, the following bids were received: WGu'_ Hardrives, Inc. Midwest Asphalt, Inc. Buffalo Bituminous C. S. McCrossan Construction BASE BID 457,183.06 466,316.95 458,317.20 NO BID ALTERNATE BID 449,579.36 451, 324.65 456,040.20 535,410.55 WHEREAS, it appears that Hardrives of Rogers, MN is the lowest responsible bidder, complying with the minimum specifications. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA THAT the appropriate City Officials are hereby authorized and directed to enter into the contract with Hardrives of Rogers, MN in the name of the City of Plymouth for the Vicksburg Lane Street Reconstruction Project according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer in the amount of $449,579.36 for the alternate bid. Adopted by the City Council on July 23, 1997. Awrd7010 1 31 M0138 33S 3NIl HDiVVI 1HOIN 3AOOV 33S 3NIl HOiVN Vii N 013 X o o w' w CY c. 0 W Dor n O zz O U W D --D ry O I— ry C// n z O- U w U iz U Qw w z wz Q 0 r DO m U Q- Agenda Number: DATE: July 15, 1997 for the City Council Meeting of July 22, 1997 TO: Dwight D. Johnson, City Manager through Fred G. Moore, P.E., Director of Public Works FROM: Daniel L. Faulkner, P.E. City Engineer SUBJECT: CERTIFICATE OF EXEMPTION, WETLAND CONSERVATION ACT ELECTROMECHANICAL INDUSTRIES, INC. SOUTH OF 10TH AVE. AND EAST OF XENIUM LANE NE, SW SEC. 34, T118N, R22W ACTION REQUESTED: Make a motion to adopt the attached resolution authorizing the Mayor to sign the Certificate of Exemption from the Minnesota Wetland Conservation Act WCA) for Electro Mechanical Industries, Inc., for the above mentioned site. BACKGROUND: Electro Mechanical Industries, Inc., is requesting a wetland replacement exemption for the property located South of 10" Ave. and East of Xenium Lane. (Figure One). The subject site is on about 3.5 acres with a small area identified as wetland. Review of the National Wetland Inventory indicates the presence of a wetland basin at the western edge of the property which is currently occupied by a hill. No wetland areas were identified by our 1994 wetland inventory or any protected waters identified by the Department of Natural Resources on this site. The present wetland basin (Figure Two) was probably created by improper filling and grading of the site and hence considered incidental and exempt under the Minnesota Wetland Conservation rules. RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council authorize the Mayor to sign the Certificate of Exemption for Electro Mechanical Industries, Inc. Daniel L. Faulkner, P.E. attachment: Certificate Of Exemption Figures G:\PW\Engineering\VMrLANDS\MEMOS\97050 Council Memo.doc CITY OF PLYMOUTH RESOLUTION NO. 97 - AUTHORIZING THE MAYOR TO SIGN THE CERTIFICATE OF EXEMPTION FROM THE 1991 WETLAND ACT ELECTRO MECHANICAL INDUSTRIES, INC. SOUTH OF 10TH AVE. AND EAST OF XENIUM LANE NE, SW SEC. 34, T118N, R22W WHEREAS, Electro Mechanical Industries, Inc propose to fill an incidental on-site wetland, and WHEREAS, the filling of this type of wetland is exempt from the Minnesota Wetland Conservation Act under activities in a wetland created solely as a result of actions by public or private entities that were taken for a purpose other than creating the wetland Incidental Wetlands, 8420.0122 Subp. 5). NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the Mayor is authorized to execute the Certificate of Exemption Form for Electro Mechanical Industries, Inc. Adopted by the City Council on July 23, 1997 STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on , with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk Ply_nt\ntdiskl\PW\Engineering\WETLANDS\RFSOL\97050 Res.doc Figure One. Location of the proposed Electro Mechanical Industries, Inc. r City of Plymouth, Minnesota This represents a compilation of information and data from city, county, state and other sources that has not been field verified. Information should be field verified and compared with original source documents. 1994 Plymouth Wetland Inventory 0.08 0 0.08 Mies N M XENIUM LANE NORTH 279.54 l 249.54 C p m = N ZZ bb N V O D X20 LE aT o's g X5o F 0 u z m Paz0 1rJ F, N Z C7 0) MN W WETLAND CONSERVATION ACT CERTIFICATE OF EXEMPTION CITY OF PLYMOUTH 3400 Plymouth Boulevard Plymouth, MN 55447 612) 509-5500 ELECTRO MECHANICAL INDUSTRIES, INC.; Marlow Shaffer 12915 - 55th Avenue North Plymouth, MN 55442 (W: 546-5998) Name ofApplicant & address, phone The subject site is on about 3.5 acres with a small area identified as wetland Description ofproject/Name of development and development #) South of 10"` Ave. And East of Xenium Lane. NE, SW Sec. 34, T1 18N, R22W Location of work: Township, Range, Section, Qtr. Section, Lot, Block, Subdivision, City, County) For seasonal/annual exemption attach proposed general location information, i.e. maps, aerial photos) The wetland activity at the above site is exempted from or in compliance with the Wetland Conservation Act WCA) for the following reason: [Please Circle (A), (B), (C), (D), OR (E)1 This exemption certification expires July. 1999 Date) A) Wetland Does Not Exist; OR B) EXEMPTION: Incidental Wetlands, 8420.0122 Subp. 5 (per MN Rule Chapter 8420) Description of Exemption: activities in a wetland created solely as a result of actions by public or private entities that were taken for a purpose other than creating the wetland',; OR C) Wetland Loss Has Been Avoided; OR D) Wetland Has Been Replaced As Per Approved Plan (attached); OR E) No Loss Determination (attach plans) The information provided for this determination is truthful and accurate to the best of my knowledge. Applicant Signature) (Dated) LGU Official Signature) Dated) THIS CERTIFICATION ONLY APPLIES TO THE WCA OF 1991. permits from local, state, and federal agencies may be required. Check with the appropriate authorities before commencing work in or near wetlands. The Combined Project Notification form can be used for this purpose. FOR ALL EXEMPTIONS: A landowner draining or filling a wetland under an exemption shall ensure that; appropriate erosion control measures are taken to prevent sedimentation of the water, the drain or fill does not block fish passage, and the drain or file is conducted in compliance with all other applicable federal, state, and local requirements, including best management practices and water resource protection requirements established under Minnesota Statutes, Chapter 103H. ply_nt\ntdisk l\PW \Engineering\WETLANDS\FORMS\97050_EXe.doc Agenda Number: TO: Dwight Johnson, City Manager FROM: Richard C. Kline, Fire Chief.41!-- THROUGH: ' Craig C. Gerdes, Director of Public Safety SUBJECT: APPROVAL OF STATE CONTRACT FOR RADIOLOGICAL RESPONSE DATE: July 15, 1997 for July 23, 1997 City Council Meeting 1. ACTION REQUESTED: The City of Plymouth requests renewal of the contract with the State of Minnesota for the Fire Department to provide response services in the event of incidents at the Monticello and Prairie Island nuclear facilities for fiscal years 1998 and 1999. 2. BACKGROUND: Starting in 1993, the City Council has authorized the City of Plymouth to enter into an agreement with the State of Minnesota in order for the Fire Department to provide response capabilities to the nuclear power facilities located at Monticello and Prairie Island. Under this agreement, the Fire Department's responsibilities are those related to the monitoring of areas surrounding the nuclear facilities for unsafe levels of radiation. Members of the response team are not permitted to enter areas determined to be unsafe or immediately dangerous to life and health. The State reimburses the City up to a maximum amount for costs incurred. For fiscal year 1998, this maximum is $49,500 and for fiscal year 1999 the maximum amount is $53,300. The City of Maple Grove's Fire Department has also contracted with the State to provide these response capabilities. The combined resources of the Plymouth and Maple Grove Fire Departments are required to comply with the contract. 3. ALTERNATIVES: The alternative is to not renew the contract with the State and relinquish our responsibilities. 4. DISCUSSION: The Fire Department is able to utilize funding it receives through this contract to train and equip Plymouth personnel to safely and efficiently respond to incidents involving these nuclear facilities. Funding also supplements the daily operations of the department through the purchase of equipment which serves dual functions. 5. BUDGET IMPACT: There is no impact on the approved budget. The costs are budgeted during the annual process and the remainder of the funding is totally reimbursed by the State through the contract. The City does benefit from the fact that the contract pays for various training, drills, and equipment that would otherwise be the responsibility of the City. 6. RECOMMENDATION: Staff recommends the City Council authorize the Mayor and City Manager to enter into an agreement with the State of Minnesota to provide response services in the event of incidents at the Monticello and Prairie Island nuclear facilities for fiscal years 1998 and 1999, and to reimburse the City up to $49,500 in 1998 and $53,300 in 1999 for any costs incurred during the period. CITY OF PLYMOUTH RESOLUTION NO. 97 - RESOLUTION AUTHORIZNG RENEWAL OF THE CONTRACT WITH THE STATE OF MINNESOTA FOR THE FIRE DEPARTMENT TO PROVIDE RESPONSE SERVICES IN THE EVENT OF RADIOLOGICAL INCIDENTS AT THE MONTICELLO AND PRAIRIE ISLAND NUCLEAR FACILITIES FOR FISCAL YEARS 1998 AND 1999 WHEREAS, the State of Minnesota, through its Department of Public Safety, has requested that the City participate in a Joint Radiological Monitoring Program including members of the Plymouth and Maple Grove volunteer fire departments; and WHEREAS, the initiation of this project has formed the nucleus for a joint hazmat team between these two communities and others; and WHEREAS, the State of Minnesota has agreed through a grant agreement, to reimburse the City up to $49,500 for fiscal year 1998 and $53,300 for fiscal year 1999 for any costs incurred, including program administration, firefighter training and drills, and for the use of various equipment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plymouth City Council, that it should and hereby does authorize the Mayor and City Manager to execute said renewal of training and agreement. Adopted by the City Council on STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on , 1997, with the original thereof on file in my office and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of , 1997. City Clerk Agenda Number: 7 TO: Dwight D. Johnson City Manager FROM: Laurie Ahrensiy Clerk, through Kath uec ert, Asst. Manager SUBJECT: OFF -SALE 3.2 LIQUOR LICENSE FOR H.I. ENTERPRISES, INC. d/b/a CARLSON PARKWAY HOLIDAY STATIONSTORE #561 DATE: June 30, 1997, for City Council meeting of July 23, 1997 1. ACTION REQUESTED: Conduct a public hearing and, unless information is received to the contrary, adopt the attached resolution approving an off -sale 3.2 liquor license for H. I. Enterprises, Inc. doing business as Carlson Parkway Holiday Stationstore #561, 189 Cheshire Lane. 2. BACKGROUND: The City has received an application for an off -sale 3.2 liquor license from H. I. Enterprises, Inc., doing business as Carlson Parkway Holiday Stationstore # 561. This is new construction. All certificates of insurance have been provided. An investigation has been conducted by the Public Safety Department and the license is recommended for approval. 3. ALTERNATIVES: The City Council could either approve or deny the license application based on the input received at the public hearing. 4. RECOMMENDATION: The attached resolution approving an off -sale 3.2 liquor license for H. I Enterprises, Inc., d/b/a/ Carlson Parkway Holiday Stationstore #561 is recommended for adoption. CITY OF PLYMOUTH RESOLUTION NO. 97 - APPROVING OFF -SALE 3.2 LIQUOR LICENSE FOR H. I. ENTERPRISES, INC. D/B/A CARLSON PARKWAY HOLIDAY STATIONSTORE 561 WHEREAS, the City has received an application for an off -sale 3.2 liquor license from H. I. Enterprises, Inc. d/b/a Carlson Parkway Holiday Stationstore #561, and WHEREAS, the applicant has paid all fees and provided all required insurance certificates. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Plymouth that an off -sale 3.2 liquor license is hereby approved for H. I. Enterprises, Inc. d/b/a Carlson Parkway Holiday Stationstore #561 for the period through June 30, 1998. Approved by the City Council on July 23, 1997 NOTICE OF PUBLIC HEARING ON OFF -SALE 3.2 LIQUOR LICENSE APPLICATION OF H. I. ENTERPRISES, INC. DOING BUSINESS AS CARLSON PARKWAY HOLIDAY STATIONSTORE #561 NOTICE IS HEREBY GIVEN that the Plymouth City Council will conduct a public hearing on the off -sale 3.2 liquor license application of H. I. Enterprises, Inc:, doing business as Carlson Parkway Holiday Stationstore #561 on Wednesday, July 23, 1997 at 7:00 p.m. The hearing will be held in the Council Chambers of the Plymouth City Center, 3400 Plymouth Blvd. All persons wishing to address the Council regarding this application will be heard at that time. Laurie F. Ahrens City Clerk 509-5080 June 30, 1997 Beverly Ann Kottas H. I. Enterprises, Inc. 2995 Harbor Lane Plymouth, MN 55447 Dear Ms. Kottas: The Plymouth City Council will conduct a public hearing on Wednesday, July 23, 1997, at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., to consider your application for an off -sale 3.2 liquor license at 189 Cheshire Lane. You or your representative should be present to answer any questions the Council may have. I have enclosed two copies of the public hearing notice. Please post one notice on the premises to be licensed and the other notice somewhere else in the vicinity. I will post a copy of the hearing notice at the City Center and have provided for the required published notice. If you have questions regarding this hearing or need further information prior to the hearing, please call me at 509-5080. Sincerely, 04451 Laurie F. Ahrens City Clerk PLYMOUTH A Beautiful Place To Live 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (612) 509-5000 Agenda Number: 11 R DATE: July 7, 1997 for the City Council Meeting of July 23, 1997 TO: Dwight D. Johnson, City Manager through Fred G. Moore, P.E., Director of Public Works FROM: Daniel L. Faulkner, P.E. City Engineer SUBJECT: AUTHORIZE VACATION OF PART OF DRAINAGE AND UTILITY EASEMENTS ALONG THE COMMON PROPERTY LINE OF LOTS 11 AND 12, BLOCK 1, SAVANNAH ADDITION ACTION REQUESTED: Make a motion to adopt the attached resolution authorizing vacation of the drainage and utility easements along the common property line of Lots 11 and 12, Block 1, Savannah Addition. BACKGROUND: The City Council has established a public hearing for July 23, 1997 on the petition submitted by David Hinners of Lundgren Bros. Construction, Inc. requesting the vacation of drainage and utility easements along the common property line of Lots 11 and 12, Block 1, Savannah Addition. The vacation is being requested because of the proposed lot division/consolidation (97075) which will reduce the square footage of Lot 11 and increase the square footage of Lot 12. The developer will be required to grant the City the necessary drainage and utility easements over the new common lot lines. Also attached is a condition of approval stating that new easements must be submitted to the City in recordable form prior to recording the vacation document. RECOMMENDATIONS AND CONCLUSIONS: Unless new information is submitted at the public hearing, I recommend the City Council adopt the attached resolution vacating the drainage and utility easements and the setting conditions resolution vacating the drainage and utility easements along the common property lines of Lots 11 and 12, Block 1, Savannah Addition. ctCC x Ile`lifC Daniel L. Faulkner, P.E. attachments: Resolution Map Ply_nt\ntdiskl\PW\Engineering\VACA'IION\MEMOSWU MORIZ\SAVANNAH.doc CITY OF PLYMOUTH RESOLUTION NO. 97 - AUTHORIZING THE VACATION OF DRAINAGE AND UTILITY EASEMENT IN LOTS 11 AND 12, BLOCK 1 SAVANNAH ADDITION WHEREAS, a petition was received to vacate drainage and utility easements in Lots 11 and 12, Block 1 Savannah Addition; and WHEREAS, said petition was signed by a majority of the owners of the land abutting the area proposed to be vacated; and WHEREAS, a public hearing with respect to said vacation was scheduled for July 23, 1997 in accordance with Minnesota Statutes 412.851 and the City Charter Section 12.06; and WHEREAS, a notice of publication of said hearing was published and posted two weeks prior to the meeting of July 23, 1997; and WHEREAS, all property owners adjacent to the proposed vacation were duly notified by mail; and WHEREAS, the Council did hold a public hearing on July 23, 1997 to inform any and all interested parties relevant to the vacation of drainage and utility easement in Lots 11 and 12, Block 1, Savannah Addition; and WHEREAS, it was determined by the City Council that said easements were not needed for public purposes; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the following drainage and utility easements be vacated: Those particular 5.00 foot wide drainage and utility easements, delineated and dedicated on the plat of Savannah, according to the recorded plat thereof, Hennepin County, Minnesota, which adjoin the common lot line between Lots 11 and 12, Block 1, of said plat. Adopted by the City Council on July 23, 1997. G:\PVAUngmeeft\VACAnON\RESOL\AUIHORIZ\Savunah.doc STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on , with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk CITY OF PLYMOUTH RESOLUTION NO. 97 - SETTING CONDITIONS TO BE MET PRIOR TO FILING OF RESOLUTION NO. 97 - VACATING DRAINAGE AND UTILITY EASEMENTS WITHIN LOTS 11 AND 12, BLOCK 1, SAVANNAH ADDITION WHEREAS, the City Council has authorized the vacation of drainage and utility easements within Lots 11 and 12, Block 1, Savannah Addition by Resolution No. 97 - NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That said resolution shall not be filed until: the required drainage and utility easements are submitted in recordable form. Adopted by the City Council on July 23, 1997. Ply_nt\ntd isk 1\PW \Engineering\VACATION\RESOL\SETCOND\Savannah.doe FRCM :SCHCELL '. MAOSC114 612 S -«G g06S :997.04-22 10:20 # 438 p• ol-t/02_ 0000 N, 1'ga. °a ` 1 P-apose'l Alm tnrn o c z R, 11 8 res C/ TY R• 1 o 1 Agenda Number: f DATE: July 7, 1997 for the City Council Meeting of July 23, 1997 TO: Dwight D. Johnson, City Manager through Fred G. Moore, P.E., Director of Public Works FROM: Daniel L. Faulkner, P.E. City Engineer SUBJECT: AUTHORIZE THE VACATION OF ALL DRAINAGE AND UTILITY EASEMENTS WITHIN OUTLOT D, WILLOW GROVE OFFICE PARK FIRST ADDITION ACTION REQUESTED: Make a motion to adopt the attached resolution authorizing the vacation of all of the drainage and utility easements within Outlot D, Willow Grove Office Park First Addition. BACKGROUND: The City Council has established a public hearing for July 23, 1997 on the petition submitted by Mark W. Nelson of Holiday Companies requesting the vacation of drainage and utility easements within Outlot D, Willow Grove Office Park First Addition. The vacation request is to allow the construction of a new Holiday Station Store north of Betty Crocker Drive, west of Highway 169. The drainage and utility easements proposed to be vacated were dedicated on the final plat of Willow Grove Office Park First Addition. When Holiday Companies had the survey prepared for the proposed building, it was discovered that the 889.0 high water elevation was actually east and north of the existing easement line. When Holiday Companies notified the City of the exact location of the 889.0 contour, the City required Holiday Companies to work with the Bassett Creek Watershed Commission to ensure that the volume existed for the required storage of storm water within Bassett Creek and its flood plain. It was determined by the Bassett Creek Watershed Commission that adequate storage volume will still be available and that moving the easement line to the existing 889.0 contour would have no impact on the storage required. Ply_nt\ntdisk l\PW \Engineering\VACA'IiON\MEMOS\AUIHORIZ\wtldwillowg.dce SUBJECT: AUTHORIZE THE VACATION OF ALL DRAINAGE AND UTILITY EASEMENTS WITHIN OUTLOT D, WILLOW GROVE OFFICE PARK FIRST ADDITION Page 2 Holiday Companies is proposing to replat Outlot D, Willow Grove Office Park First Addition, and will dedicate all necessary drainage and utility easements on the new plat. Also, a setting conditions resolution is attached stating that the easement vacation shall not be filed until the new plat is recorded at Hennepin County. RECOMMENDATIONS AND CONCLUSIONS: Unless new information is submitted at the public hearing, I recommend the City Council adopt the attached resolution vacating the drainage and utility easements within Outlot D, Willow Grove Office Park First Addition and the setting conditions resolution. Daniel L. Faulkner, P.E. attachments: Resolutions Map G:\PW\Ehghmriog\VACAnON\MHMOS\AUIHORPL\attldwiUowg. doe CITY OF PLYMOUTH RESOLUTION NO. 97 - AUTHORIZING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS OUTLOT D - WILLOW GROVE OFFICE PARK FIRST ADDITION WHEREAS, a petition was received to vacate drainage and utility easements in Outlot D, Willow Grove Office Park First Addition; and WHEREAS, said petition was signed by a majority of the owners of the land abutting the area proposed to be vacated; and WHEREAS, a public hearing with respect to said vacation was scheduled for July 23, 1997 in accordance with Minnesota Statutes 412.851 and the City Charter Section 12.06; and WHEREAS, a notice of publication of said hearing was published and posted two weeks prior to the meeting of July 23, 1997; and WHEREAS, all property owners adjacent to the proposed vacation were duly notified by mail; and WHEREAS, the Council did hold a public hearing on July 23, 1997 to inform any and all interested parties relevant to the vacation of all drainage and utility easements in Outlot D, Willow Grove Office Park First Addition; and WHEREAS, it was determined by the City Council that said easements were not needed for public purposes; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the following drainage and utility easements be vacated: All drainage and utility easements within Outlot D, Willow Grove Office Park First Addition, as shown on the recorded plat, Hennepin County, MN. Adopted by the City Council on July 23, 1997. G: \P W\Ba&eering\V ACAnON\RES OL\AUTHORIZ\outld_willowgrov.doc CITY OF PLYMOUTH RESOLUTION NO. 97 - SETTING CONDITIONS TO BE MET PRIOR TO FILING OF RESOLUTION NO. 97 - VACATING A DRAINAGE AND UTILITY EASEMENT WITHIN OUTLOT D, WILLOW GROVE OFFICE PARK FIRST ADDITION WHEREAS, the City Council has authorized the vacation of a drainage and utility easement within Outlot D, Willow Grove Office Park First Addition by Resolution No. 97 - NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That said resolution shall not be filed until: until Holiday 2nd Addition is recorded at Hennepin County. Adopted by the City Council on July 23, 1997. Ply_nt\ntdiskl\PW\Engineering\VACAnON\RESOL\SEPCOND\willow grove.doc Agenda Number: DATE: July 7, 1997 for the City Council Meeting of July 23, 1997 TO: Dwight D. Johnson, City Manager through -- Fred G. Moore, P.E., Director of Public Works FROM: Daniel L. Faulkner, P.E. City Engineer SUBJECT: AUTHORIZE THE VACATION OF A PART OF WEST MEDICINE LAKE DRIVE STREET RIGHT-OF-WAY SOUTH OF 18THAVENUE WITHIN ELMHURST GATEWAY 2NDADDITION ACTION REQUESTED: Make a motion to adopt the attached resolution authorizing the vacation of a part of West Medicine Lake Drive street right-of-way south of 18' Avenue within Elmhurst Gateway 2nd Addition. BACKGROUND: The City Council has established a public hearing for July 23, 1997 based on an easement agreement with Mr. and Mrs. Robert DeMeules, 1749 West Medicine Lake Drive. The City agreed to vacate part of West Medicine Lake Drive street right-of-way when the City acquired a new easement over the easterly portion of the DeMeules property in order to construct West Medicine Lake Drive in its new location. RECOMMENDATIONS AND CONCLUSIONS: Unless new information is submitted at the public hearing, I recommend the City Council adopt the attached resolution vacating part of West Medicine Lake Drive street right-of-way south of 18' Avenue within Elmhurst Gateway 2' Addition. Daniel L. Faulkner, P.E. attachments: Resolution Map Ply_nt\nldiskl\PW\Engineeciog\VACATION\MEMOS WUTHORIZ\wmed_wiUowg.doc CITY OF PLYMOUTH RESOLUTION NO. 97 - AUTHORIZING THE VACATION OF PART OF WEST MEDICINE LAKE DRIVE STREET RIGHT-OF-WAY ELMHURST GATEWAY 2ND ADDITION WHEREAS, a petition was received to vacate part of West Medicine Lake Drive street right- of-way in Elmhurst Gateway 2nd Addition; and WHEREAS, said petition was signed by a majority of the owners of the land abutting the area proposed to be vacated; and WHEREAS, a public hearing with respect to said vacation was scheduled for July 23, 1997 in accordance with Minnesota Statutes 412.851 and the City Charter Section 12.06; and WHEREAS, a notice of publication of said hearing was published and posted two weeks prior to the meeting of July 23, 1997; and WHEREAS, all property owners adjacent to the proposed vacation were duly notified by mail; and WHEREAS, the Council did hold a public hearing on July 23, 1997 to inform any and all interested parties relevant to the vacation of part of West Medicine Lake Drive street right-of- way in Elmhurst Gateway 2nd Addition; and WHEREAS, it was determined by the City Council that said easements were not needed for public purposes; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the following part of West Medicine Lake Drive street right-of-way, Hennepin County, MN be vacated: Commencing at the northeast corner of Lot 22, Block 1, ELMHURST GATEWAY 2ND ADDITION; thence southerly along the easterly line of said Lot 22, a distance of 12 feet to the actual point of beginning; thence continue southerly along easterly line of said Lot 22, to the southeast corner of said Lot 22; thence easterly along the easterly extension of the southerly line of said Lot 22 a distance of 11 feet; thence deflect to the left in a northerly direction to the actual point of beginning and there terminating. Adopted by the City Council on July 23, 1997. Ply_nl\ntdiskl\PW\Engineering\VACATION\RESOL\AUTHORIZ\etmhir tGateway.doc STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on , with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk 2. Dr 99 08 Oo 30 3NI'1 M H1IIA OIVS 30 NOI MS831NI A. ' (si ) j,18v808d OInOHS 1SI0 Z: v5 i ON 08 00 30 VO la 20 3NI 1 M* MOL+ is i, . c z. ' SV C31t-!401S30 kY*31d0------- Ah3 —40 3NI i N i31ON z c..;' a uc N n: N cs Lz.' m s 9'rrl L) (rL) LL t'1 •o s s oz) 74l1'd j 'L9t o 4 () 9 (22)9" 7G VD- tl t'DLt ,0 6b 9) D e 2 SS\ L)Za L (0C)O1 r? Y, r , D 8) it t1 ' Q D92 (OI) 1S (LZ) Spy g 7 cl U-1 6. a` g 2 all (££)... •: S0' v `' Detatoz. 02 d 2. Dr 99 f I Agenda Number: ) 9 TO: Dwight Johnson, City Manager FROM: John Rask, Planner, through Anne Hurlburt, Community Development Director SUBJECT: Charis Homes, Inc. - Preliminary Plat for Kingsview Heights Fourth Addition for property located at 4265 Fernbrook Lane North (96186) DATE: July 11, 1997 for the City Council Meeting of July 23, 1997 REVIEW DEADLINE: September 22, 1997 1. PROPOSED MOTION: Move to adopt the attached resolution approving the Preliminary Plat for Kingsview Heights Fourth Addition, subject to the conditions outlined in the resolution. 2. DESCRIPTION OF REQUEST: The applicant is requesting approval of a Preliminary Plat to divide a 1.0 -acre parcel into two lots. Both lots would meet the minimum lot frontage and area requirements of the Zoning Ordinance. 3. CITY COUNCIL UPDATE: At the July 9, 1997 City Council meeting, the applicant requested that this item be removed from the consent agenda. Due to time constraints, this item was not considered by the City Council. Consequently, this item was rescheduled for the July 23 City Council meeting. 4. PLANNING COMMISSION CONSIDERATION: On June 24, 1997, the Planning Commission held a public hearing to review the Preliminary Plat request of Charis Homes, Inc. to subdivide an existing 1.0 -acre parcel into two lots. By unanimous vote, the Commission recommended in favor of the request. Except for the applicant, there was no one in attendance who spoke on this item. Charis Homes, Inc. - Kingsview Heights Fourth Addition July 11, 1997 Page 2 The applicant requested that the Planning Commission delete the condition requiring the use of a shared driveway, and that both lots be permitted a driveway access onto Fernbrook Lane. Currently, there is one access for the existing lot. The applicant would like to have a separate access for each lot to avoid having to relocate the driveway for the existing home on proposed Lot 2 and having the new driveway cut across the front yard of the existing home (see attached Preliminary Plat). The City Engineer indicated that it is the City's policy to limit access points onto major collectors, such as Fernbrook. Subsequently, the Planning Commission recommended approval of the subdivision subject to the conditions contained in the draft resolution, including the condition allowing only one driveway access. 5. BACKGROUND The applicant purchased the property in 1996 and removed an existing single family home. After removing the home, the applicant applied for and received a building permit to construct a new single family home on the south side of the property with the intent of requesting subdivision approval to create a second lot. The single family home under construction is located on proposed Lot 2. 6. ANALYSIS The subject property located at 4265 Fernbrook Lane contains 43,566 square feet. The easterly 40 feet of the property consists of a street and utility easement. This portion of the parcel would become dedicated right-of-way with the platting of the property. After the necessary right-of-way is dedicated, the property would be 36,966 square feet in size. Under the proposed plan, the site would be divided into two lots. Both lots would be 18,483 square feet in size and would exceed the minimum lot area requirement of 12,500 square feet for RSF-2 properties. The two lots would each have a lot width of 82.5 feet, which exceeds the minimum requirement of 80.0 feet. The two proposed lots would receive access from Fernbrook Lane. Fernbrook Lane is classified as a major collector. It is city policy to limit the number of access points onto major collectors. A shared driveway would be used to serve the two lots to avoid creating another access point onto Fernbrook Lane. The necessary cross access easements would be required and recorded with the Final Plat. This application is subject to the Tree Preservation Ordinance. The Ordinance requires preservation of at least 50 percent of the caliper inches of the significant trees for residential development sites. The applicant submitted a tree preservation plan indicating that of the 260 caliper inches of significant trees currently on the site, 254 caliper inches (83 percent) would be preserved. Consequently, the proposal meets the tree preservation requirements. Staff also notes that the project would meet the City's density goal of two units per acre for single family housing. Charis Homes, Inc. - Kingsview Heights Fourth Addition July 11, 1997 Page 3 7. RECOMMENDATION: Community Development Department staff recommends approval of the Preliminary Plat for Kingsview Heights Fourth Addition as recommended by the Planning Commission, subject to the conditions in the attached resolution. ATTACHMENTS: 1. Resolution approving the Preliminary Plat 2. Planning Commission minutes dated June 24, 1997 3. Applicant's Narrative 4. Location Map 5. Site Graphics g:\cd\plan\staffrep\cc\96186 CITY OF PLYMOUTH RESOLUTION 97 - APPROVING PRELIMINARY PLAT FOR CHARIS HOMES FOR PROPERTY LOCATED AT 4265 FERNBROOK LANE NORTH (96186) WHEREAS, Charis Homes has requested a Preliminary Plat for Kingsview Heights Fourth Addition, a plat of two single family lots on a 1.0 -acre parcel located at 4265 Fernbrook Lane North. WHEREAS, the subject property is legally described as follows: The south 165.00 feet of the east 264.00 feet of the northeast quarter of the northeast quarter of Section 16, Township 118, Range 22, Hennepin County, Minnesota. WHEREAS, the Planning Commission has reviewed the Preliminary Plat at a duly called Public Hearing and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request of Charis Homes for a Preliminary Plat for property located at 4265 Fernbrook Lane North, subject to the following conditions and findings: 1. Preliminary Plat approval is hereby granted for Kingsview Heights Fourth Addition in accordance with the plans received by the City on June 18, 1997, except as amended by this resolution. 2. Development of the subdivision shall comply with the City's Tree Preservation Ordinance. 3. There shall be only one driveway access to Fernbrook Lane for both lots. The necessary cross access easements shall be filed with the Final Plat. Resolution 97- 96186) Page 2 4. Structures or decks are prohibited in the drainage and utility easements. 5. Standard Conditions: a. Compliance with the City Engineer's Memorandum. b. Removal of all hazardous trees from the property at the owner's expense. c. Compliance with Policy Resolution 79-80 regarding minimum floor elevations for new structures on sites adjacent to, or containing any open storm water drainage facility. d. No building permits shall be issued until the Final Plat is filed and recorded with Hennepin County. e. Submittal of required utility and drainage easement documents as approved by the City Engineer prior to filing the Final Plat. f. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. g. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of recording the Final Plat. h. Addresses shall comply with the street addressing system. i. No Zoning Ordinance Variances are granted or implied. Approved by the City Council on July 23, 1997. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on July 23, 1997, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of CITY OF PLYMOUTH PLANNING COMMISSION MINUTES JUNE 249 1997 MEMBERS PRESENT: Chairman Michael Stulberg, Commissioners Allen e, Bob Stein, John Stoebner, Roger Berkowi Jeff Thompson (arrived at 7:20 p.m.) and Kim Koe n MEMBERS ABSENT: None. STAFF PRESENT: Community Development Dire or Anne Hurlburt, Planning SupervisorZDaulkner, nness, Planners Kendra Lindahl, Shawn Drill,sk, Building Official Joe Ryan, City Engineer Police Sergeant Joel Franz, and Clerical Suise Hutt 1. CALL TO ORDER: 2. PUBLIC FORUM: 3. APPROVAL OF AGE A: MOTION by Commissio r Ribbe, seconded by Commissioner Koehnen to approve the agenda as amended ad ' g ite#8B. - Set a Date for Study Session on Zoning Ordinance Amendments. Vot 6 Ayes. 4. APPROVAL OF MINUTES: None 5. CONSENT AGENDA: A. CHARIS HOMES, INC. (96186) Chairman Stulberg introduced the request by Charis Homes, Inc. for a Preliminary. Plat to divide a 43,570 square foot parcel into two lots for property located at 4265 Fernbrook Lane North. Planner Rask gave an overview of the June 18, 1997 staff report. Commissioner Koehnen asked if there are already two curb cuts off Fernbrook at the site. Planner Rask replied that there is only one existing cut that he knew of. W Planning Commission Minutes June 24, 1997 Page #137 Chairman Stulberg introduced John Hitchcock, the petitioner. Mr. Hitchcock stated that there is only one curb cut, but it would be nice to have another one. He stated his concern that it is an area where too many things converge (water, sewer, and utilities), and it makes it difficult if any repairs have to be made. He commented that he would like the flexibility to put the garage to the north to buffer his home. Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the issue. Chairman Stulberg asked if two curb cuts on Fernbrook would be allowed. City Engineer Faulkner replied that it is city policy to limit the number of access points onto major collector streets such as Fernbrook Lane. He added that it is necessary to limit it to one access. MOTION by Commissioner Ribbe, seconded by Commissioner Berkowitz recommending approval of a Preliminary Plat for Charis Homes for property located at 4265 Fernbrook Lane North. Roll Call Vote. 6 Ayes. MOTION carried unanimously. Chairman Stulberg introduced the request by Plymouth Creek Christian C ch for reapproval of a Site Plan Amendment and Conditional Use Permit that expir on August 3, 1996, to construct a 2,064 square foot Sunday School classroom a ion located at 16000 41" Avenue North. Planner Rask gave an overview of the June 18, 1997 staff Commissioner Ribbe asked if there w: p;,representing chan from the last time it was approved. Planner Rask replied negatively. Chairman Stulberg introduced Randy the petitioner. Mr. Dop staZhed with the staff report and was availableto answer any questions. Chairman Sthe project wasn't started before the Conditional Use Permit expired it was delayed because of financial reasons. Pian Stulberg opened and closed the public hearing as there was no one present to on the issue. If/- /8 (1-- 2 City of Plytnouih Community Development Department 3400 Plymouth Boulevard Plymouth, MN 55447 612) 509-5450 December 9, 1996 To Whom This May Concern We are making application for a lot split on the property at 4265 Fernbrook Lane N. This property is included in the proposed rezoning taking place in the city, scheduled to be passed on January 1, 1997. We waive the 60 day completion required in responding to our request. We ask that you would consider giving us a strong nod or a conditional approval (based on the city rezoning this propert}),for this lot split request, so we may proceed with our projected plans. Please let us know of any other information needed for this action. Thank you, sincerely C zaris Homes, Inc. 4320 42nd Ave. N Plymouth, MN 55446 612) 559-5551 N DEC i ,, a SITE PFUroroM F157#70V #1Loof#I n r:7AV :- ..T jsii7ir.,.rfirs- 15 Fli F-.. JF1r,i::r • Ii7 Agenda Number: 1S TO: Dwight Johnson, City Manager FROM: Shawn Drill, Planner through Anne Hur&f-ommunity Development Director SUBJECT: Nelli Sivriver. Conditional Use Permit for All Auto Fix, Inc. and Interim Use Permit for a Parking Reduction, for property located at 3435 Highway 169 (97057) REVIEW DEADLINE: September 2, 1997 DATE: July 17, 1997 for the City Council Meeting of July 23, 1997 1. PROPOSED MOTION: Move to adopt the attached resolution approving a Conditional Use Permit and Interim Use Permit to allow All Auto Fix, Inc., a minor repair service garage, to locate at 3435 Highway 169 with reduced parking, as recommended by the Planning Commission. Approval of a Conditional Use Permit and Interim Use Permit requires a 4/7 vote of the City Council. 2. BACKGROUND: The applicant is requesting approval of a Conditional Use Permit to allow operation of a minor repair automotive service garage in a portion of the existing building at 3435 Highway 169. The applicant is also requesting approval of an Interim Use Permit to allow a reduction in the number of required off-street parking spaces from 32 to 22 spaces. On June 24, 1997, the Planning Commission opened and closed the Public Hearing for this request, and subsequently voted 4-3 to table action on the item in order to allow staff time to determine whether the applicant has legal use of the parking on the south side of the building. The neighboring landowner to the south appeared at the June 24, 1997 meeting and stated that he felt he has use of the 11 parking spaces located on the south side of the applicant's building. Staff had previously concluded that the applicant has use of these 11 parking spaces through an easement. As a result, the Planning Commission tabled action on the item until the City Attorney could provide his legal opinion regarding who has use of the eleven parking spaces. File 97057 Page 2 The City Attorney subsequently reviewed the easement document and provided his written legal opinion. A copy of the legal opinion is attached. The City Attorney determined that the easement document entitles the applicant to the exclusive right to use the north 30 feet of the neighboring property to the south for parking purposes. This means that the applicant has use of all 11 parking spaces along the south side of the building, as shown on the site plan. On July 8, 1997, the Planning Commission reviewed the City Attorney's legal opinion. The neighboring landowner to the south appeared again and asked the Planning Commission to table the item again so his attorney could review the easement and provide an opinion. The Planning Commission declined the neighbor's request and subsequently voted unanimously to recommend approval of the Conditional Use Permit and Interim Use Permit. 3. ANALYSIS: The building at 3435 Highway 169 was constructed in 1967 and contains just under 8,000 square feet. The building is divided into three lease spaces including a food market (2,944 square feet), a liquor store (2,500 square feet), and a recycling operation (2,500 square feet). Last year, the City ordered the recycling operation, Can -Do Recycling, to vacate the premises because their use is unlawful under the C-3 zoning regulations. The City Attorney is currently prosecuting a number of code violations. Can -Do Recycling is presently being evicted from the premises. The applicant is purchasing the building and will continue leasing the existing spaces to the food market and liquor store. The proposed service garage would occupy the space that is being vacated by Can -Do Recycling. Conditional Use Permit The applicant has requested approval of a Conditional Use Permit to operate a "minor repair" service garage in the western portion of the building at 3435 Highway 169. The Zoning Ordinance defines "minor repair" as incidental repairs, replacement of parts including tires, batteries, etc., and motor service and lubrication. The definition does not include engine rebuilding, major reconditioning, auto body collision service, or overall painting of vehicles. The 2,500 square -foot service garage would have two repair bays. The garage would employ two mechanics. With the exception of occasional drop -ins, most customers call ahead and would have a scheduled appointment. The plan indicates that 22 parking spaces would be provided on the site. These spaces would serve the existing food market and liquor store, as well as the proposed service garage. Parking is discussed in detail below. The only physical changes to the exterior of the site consists of re -striping the parking lot, installing a dumpster enclosure and two curb stops, and adding new signage. The dumpster enclosure would be located in the area north of the proposed service garage and west of the existing food market. In addition, the interior of the service garage would require some modifications to meet compliance with applicable building and fire codes. File 97057 Page 3 The Zoning Ordinance requires the Planning Commission to review Conditional Use Permit applications for compliance with the seven standards outlined in the Ordinance. A copy of the Conditional Use Permit standards is attached. Staff finds that the proposal meets all of the seven standards for a Conditional Use Permit and is in compliance with the Comprehensive Plan. Interim Use Permit The applicant is requesting approval of an Interim Use Permit to allow a reduction in the required number of parking spaces for this building. The ordinance would normally require 32 spaces, including 24 parking spaces for the existing retail uses and eight spaces for the service garage. Under the plan, 22 total parking spaces would be provided to serve the building, which is ten spaces less than required. The applicant has stated that the existing retail uses in the building do not require 24 parking spaces. The applicant notes that during the busiest times of the day, the food market generates a need for four to five parking spaces; and the liquor store generates a need for three to four parking spaces. These figures include employee parking. Staff would also note that during recent visits to the site at various times of the day, we have witnessed an abundance of available parking on the site. There is no area on the site where additional parking spaces could be added, however, the applicant notes that there would be a limited amount of parking available inside the building if needed. Virtually any use of the building would require an Interim Use Permit for parking. Staff supports the Interim Use Permit to allow the requested parking reduction. Staff finds that, in this case, the actual on-site parking demand is lower than the parking required by the ordinance for the present and proposed uses in the building. 4. RECOMMENDATION: Community Development Department staff recommends approval of the Conditional Use Permit and Interim Use Permit for Nelli Sivriver, for a minor repair service garage with reduced parking at 3435 Highway 169, subject to the conditions outlined in the attached resolution, as recommended by the Planning Commission. ATTACHMENTS: 1. Resolution Approving Conditional Use Permit and Interim Use Permit 2. City Attorney's Legal Opinion 3. Easement Document 4. Planning Commission Minutes of June 24, 1997 5. Draft Planning Commission Minutes of July 8, 1997 6. Conditional Use Permit Standards 7. Applicant's Narratives 8. Location Map 9. Site Graphics CITY OF PLYMOUTH RESOLUTION 97 - APPROVING CONDITIONAL USE PERMIT AND INTERIM USE PERMIT FOR NELLI SIVRIVER FOR A MINOR REPAIR AUTOMOTIVE SERVICE GARAGE WITH REDUCED PARKING, FOR PROPERTY LOCATED AT 3435 HIGHWAY 169 97057) WHEREAS, Nelli Sivriver has requested approval of a Conditional Use Permit and Interim Use Permit to allow operation of a minor repair automotive service garage with reduced parking at 3435 Highway 169; and, WHEREAS, the property is legally described on Attachment A, attached hereto and hereby made a part hereof, and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Nelli Sivriver to allow operation of a minor repair automotive service garage with reduced parking at 3534 Highway 169, subject to the following conditions: 1. The Conditional Use Permit allows operation of a minor repair automotive service garage in the 2,500 square foot area located in the western portion of the building at 3435 Highway 169, in accordance with the plans received by the City on June 13, 1997, except as amended by this resolution. 2. The Interim Use Permit allows a reduction in the number of required parking spaces from 32 to 22, with the finding that in this particular case, the actual on-site parking demand is lower than the parking required by the ordinance for the uses (food market, liquor store, and minor repair automotive service garage) within the building. Resolution 97- 97057) Page 2 3. The Interim Use Permit shall expire when the uses within the building change to uses which have a higher parking demand, or upon a finding by the City Council that the on-site parking demand is not met. 4. One handicap parking space must be provided on the premises, in reasonable proximity to the retail uses. The handicap space shall have signage which complies with State law. 5. The parking area shall be re -striped and two curb stops shall be installed. 6. There shall be no outside repair or service of vehicles. This includes lubrication, tire changing, drive systems repair and tuning, and similar operations. 7. There shall be no outside storage of inoperable or unlicensed vehicles, nor shall there be any outside storage of equipment or vehicle parts. 8. The garbage dumpsters shall be maintained in a dumpster enclosure, as approved by the Building Official. The enclosure shall be located in the area north of the service garage and west of the food market, as indicated on the plan. 9. Fire lane signage, as approved by the Fire Inspector, shall be installed along the alley. 10. Prior to business operations, the applicant shall secure all required building permits. 11. Prior to issuance of building permits, the applicant shall submit the required Site Improvement Performance Agreement for completion of site improvements within twelve months of the date of this Resolution. 12. Standard Conditions: a. The permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. b. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. c. Compliance with the Ordinance regarding business signage. Adopted by the City Council on July 23, 1997. Resolution 97- 97057) Page 3 STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on July 23, 1997 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk Resolution 97- 97057) Page 4 ATTACHMENT A Legal Description) Lot 2, Block 2, Glen Erie Addition, according to the recorded plat thereof, except that part of Lot 2 which lies East of a line drawn parallel and distant 23 feet West of the following described Line A. Together with an easement for parking purposes over the North 30 feet of Lot 3, Block 2, Glen Erie Addition as originally granted in Document No. 3825209, except that part of the North 30 feet of Lot 3 which lies East of a line drawn parallel with and distant 23 feet West of the following described Line A. Line A: Beginning at a point on the East line of Section 24, Townshipl 18, Range 22, according to the Government Survey thereof, distant 1299.10 feet South of the Northeast corner thereof, thence run West at right angles to said line a distance of 150.92 feet to the actual point of beginning to the line being described; thence deflect to the right at an angle of 88 degrees 50 minutes a distance of 453.40 feet; thence deflect left along a tangential curve having a radius of 3819.72 feet; (delta angle 3 degress 00 minutes) a distance of 200 feet; thence tangent to said curve a distance of 100 feet and there terminating. J CAMPBELL KNUTSON Professional Association Attorneys at Law Thema. J. Gimpl ell Roger N. Knutson Thomas N1. Scott James R. Walston Elliott B. Knetsch Suesan Lea Pace BY FAX AND MAIL Shawn Drill, Planner City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447-1482 612) 452-5000 Joel J. Jamnik Andrei McDowell PoehlerFax (612) 452-5550 Matthew K. Broke John F. Kell Matthew J. Foli July 1, 1997 Marguerite M. McCarron Geor e T Stephenson ECL'" Gar\ G. Fuchs i RE: Parking Easement for Property at 3435 Highway 169 Dear Shawn: You asked me to review the parking easement for property at 3435 Highway 169 and to reach an opinion as to whether the easement gives the owner of the easement the exclusive right to use the property for parking. My answer is yes it does. The easement "grants to said Grantees, their heirs and assigns, the easement for public parking purposes in, over, and upon that part of said land of said Grantor described as follows, to -wit: The North Thirty (30) feet." If the underlying fee owner also wanted to retain the right to use the area for parking the document would have had to say it is "non-exclusive" or use similar language. RNK: srn Suite 317 0 Ea gan(Jale Office Center * 1380 Corporate Center Curve 0 Eagan, MN 55121 6 Ann 1.3 209 .00' A Cf STATE OF MINNESOTA. COUNTY OF NO*" CwtffllW lo b a a bue ;4 =nmg am of *a oeqlnW 07" You I Wson, Re= —ji r I z I , 7ITr', rw 7—Ds" 0 w.is f)lcd I -,t ra, e -W tho 20 d-yjh APR A. ct'cl.w* sloc, ow a•. 0, r, r w,"doil. in tool( 0 '011%;Pll1 CIJ11111% likTURW II O 084 wo eo.% 9 e f z 0 Cf STATE OF MINNESOTA. COUNTY OF NO*" CwtffllW lo b a a bue ;4 =nmg am of *a oeqlnW 07" You I Wson, Re= —ji r I z I , 7ITr', rw 7—Ds" 0 Yh1IJ IM11t1711(k, M..av this 111th day of April, 127J, between 0. Cobey C.o., Inn., a corpor.tion un.lur the lewd of the :3tate of Mlnnenota, Orantor, and George Gobay rued )Joreneetta Cabey, hudb.ind :aid wife, or vie County Df Hennepin and ;$tat• of llliu+rnOta, ur.uttuea, VL1T nerer,t aal,' Or.+ntor is the ownor of that tract of land in the ':ounty ofHennepin, _tato of Miiu,oaota, as followa: Lot 3, 13+ock 2, Olen rrie .kldition, according to the plat thereof on file. and of record in the office of the RNieter of Deeds in and for Hennepin County, except that part which lied Fast of a line drawn parallel with and distant 23 feet feat of the following described liner lk+einning at a point on the gnat line of ::action 24, Township 110, Runge 22, Edatant 1299.10 feat':3outh of the Northeast corner thereofl thence run West a right angles to said line a distance of 150.92 feet to the actual point of beginning ofthe )ins tieing de+ecribedl thence deflect to the right at an angel of 6611 5J' a dletanee of 45).40 feetl thence deflect left along a tangential curve hhvinl; .2 radius of 381y.72 feet (delta Angle 3o 001) it distance of 200 feet; thence+ tangent to said curve a dlatanee of 100 feet and there teraninatIrtg. libject to restrictions, oovennnta And eaeementa of record, if any, including the r-4ntrlctlon of all right of access being the right of ingroas to and ogreas from the above-deacrited parcel to County-Ctate Aid Highway No. 10, except that the abutting owner shall have the right of ocean to the frontage road t • be constructed. and said Orantood nre the owners of that tract of land in the County of Hennepin,, tate of Minnesota, as lollows: "Lo. 2, Block 2, Olen Erie Addition, according to the plat unroof on film ruW of record in the office of the Register of Deeds In and for said Honnepin County"1 which adjoina said land of said Grantor on the North aide; and said Grantor cuul Grantees hnve ngreed upon the EAdQ{ialT herolnn,fter described: NOA T1fF::t1:MA , -rho ,Aid Grantor in consideration of $1 .00 to it in hand paid by said •Iranteon, the receipt of which is hereby acknowledged, and other good and valu.Dls consideration, hereby grants to said Grantees, their heirs and assigns, the oaaemre-nt for 1lrblic :'arkina purr,onea in, over and upon that part of s.'dd lnnd of said Grantor described as follows, to wits Thu North Thirty (30) feet. TC HAVh AND TO 11)LU THE :LVIE, Together with All the pereAttnnents and appur'tenaneva thereunto belonging or in anyxiso appertaining, to the Grantees, their helro :vnd nanif;-in, Fbrovur. IN n::TI140117 D,1 [F:;'tDi , Tl,o said Orsntor has caused these presents to be executed in its corporate nano by u to Prosident and its Vice President and its corporate seal to be herounto affixed the day and year first above written. 110 :'EAL 0. COMY,M., INC. 4q Preaenc, of Ayr tta President Tts iceres ant. / RTATr.. retro *AY pall, 3 xrk., OF 11I)111[ -W% 01111•?n • 3:1 _ a3ary OF ![FJRII:PII7 On thin 18th day of April, 1970, before Me n Notary Public Within And for said Cotltlt?p pe1'eonally V,)elrcd Coorge Cuboy and Iorencetta Cobey to me pereohaally xAi vf1o, being each by me (tiny elrorn did a. -y that they aro reepeetively the1'roride l; e ro Vice President of the corporation nzed in the fompiq inetrMont end that i Q NtMnt oi&ned 'Md 104; in i hgf of Idd CO orjt on h Flo a rn r Q I r Planning Commission Minutes June 24, 1997 Page #138 MOTION by Commissioner Stoebner, seconded by Commi ' n recommending approval of a Conditional endment and Site Plan Amendment for Pl istian Church for property located at 16000-41" C. GENE AND NELLI SIVRIVER (97057) Chairman Stulberg introduced the request by Gene and Nelli Sivriver for a Conditional Use Permit to operate All Auto Fix, Inc., a minor automobile repair business and Interim Use Permit for parking reduction for property located at 3435 Highway 169 North. Planner Drill gave an overview of the June 18, 1997 staff report. Chairman Stulberg introduced Nelli Sivriver, the petitioner. Ms. Sivriver stated that her husband had a business of the same nature as what is being proposed, in a strip mall in St. Louis Park. He has never had any problems or complaints with the business. Chairman Stulberg introduced Gene Sivriver, the petitioner. Mr. Sivriver stated that the proposed business should benefit and compliment the existing businesses. He operated his business in St. Louis Park for three years and never received any complaints. Ms. Sivriver presented pictures of what the site currently looks like and described what it could look like with the proposed business. Ms. Sivriver said that their business is by appointment only, so there should not be a parking problem. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Scott Henderson of 3431 Highway 169 North. Mr. Henderson stated he owns the building to the south of this site. He stated his concern with the parking situation, as there is a legal easement on the properties. The applicant is proposing to use all the parking spaces on the south side of the building, and Mr. Henderson leases that area to his tenants. Mr. Henderson stated that he feels he has the use of these parking spaces. He added that he does not want to see inoperable vehicles in the parking lot days on end. Director Hurlburt asked Mr. Henderson if the parking spaces in question are located on his property. Mr. Henderson replied that the lot line is roughly ten feet south if the applicant's building, and he owns the rest of the land between the buildings. Director Hurlburt asked for a copy of the easement document. Planning Commission Minutes June 24, 1997 Page #139 Chairman Stulberg introduced Nancy Wagner of 11825-26`h Avenue North. Ms. Wagner stated that she is the owner of the building adjacent and west of the site. Ms. Wagner stated that they have been looking at a piece of property at the end of the block for additional space and they have had to adhere to strict regulations. She commented that a business such as the one being proposed does not meet the standards that she has had to meet. She stated that the area has deteriorated in recent years and that it needs to be improved. Chairman Stulberg introduced Greg Wagner of 3440 Kilmer Lane North. Mr. Wagner stated that he is concerned with waste that is generated with an automobile -type repair business. Also, storage of abandoned or inoperable cars and chemical spills are a concern to him. Mr. Wagner commented that this proposal is more of a heavy use type of facility and everything south of 35`h Avenue is light businesses. Mr. Wagner stated that the area needs to be cleaned up. Ms. Wagner stated that she is also concerned with car fumes affecting the grocery and liquor store, as there is only wall board separating the businesses. Chairman Stulberg introduced Larry Pebbles of 3484 Yukon, realtor representing the applicant. Mr. Pebbles stated that he was under the impression that the neighbors were unhappy with the current tenant, Can Do Recycling. He stated that the applicant operated a good facility in St. Louis Park. Mr. Pebbles stated that he talked with the other tenants in the grocery and liquor store, and they have no problem with the proposed use. Mr. Pebbles commented that the applicants have use of the parking area located on the south side of the building through the easement described by Mr. Henderson. Commissioner Stein asked if the property line is roughly 10 feet south of building -- does the applicant only own half of the parking spaces? Mr. Pebbles replied affirmatively, noting that the easement covers the next 30 feet to the south. Mr. Henderson stated that the applicants own only 10 feet, so he doesn't know how they can use these parking spaces with owning only the first 10 feet. Chairman Stulberg closed the public hearing. Chairman Stulberg asked if staff took into account the easement and gave the applicant credit for the 11 parking spaces. Planner Drill replied affirmatively. He stated that the City Attorney will review the easement document before the item proceeds to the City Council. Chairman Stulberg asked if abandoned vehicles are allowed. Planner Drill replied negatively, and it is prohibited by Condition #6 in the approving resolution. Planning Commission Minutes June 24, 1997 Page # 140 Commissioner Koehnen asked if no outside storage implies certain hours, so if a car is in for an oil change, the condition would not apply. Director Hurlburt replied affirmatively. In response to Ms. Wagner's statements, Chairman Stulberg explained that the ordinance allows minor repair facilities by conditional use. He stated that food businesses need to have approval by other licensing divisions. If there is a problem with the current wall boards, it would be picked up by the other licensing agencies or the city building division. Commissioner Ribbe asked if the ordinance addresses the type of wall needed. Director Hurlburt replied that any fire separation is governed by building and fire codes, and any issues would be addressed through the required building permit. Commissioner Stoebner asked if staff looked at issues pertaining to the alley. Planner Drill replied that there is a condition in the approving resolution requiring fire lane signage, as approved by the Fire Inspector. Mr. Sivriver stated that his repair business in St. Louis Park was surrounded by a food shop, restaurant and Karate shop and there were never any complaints. He added that there are usually five or six cars a day that come to his shop. Discussion took place as to whether the easement document issue should be a condition in the resolution or whether the item should be tabled until the City attorney can provide an opinion as to who has legal use of the 11 parking spaces. Director Hurlburt commented that the review deadline date for the application is September 2, 1997. She stated that the City Attorney will review the document before it goes forward to the City Council. MOTION by Ribbe, seconded by Berkowitz to table the application to allow time for the City Attorney to review the Easement Document pertaining to use of the parking area south of the building. Roll Call Vote. Vote 4 Ayes. MOTION carried on a 4-3 Vote. Commissioners Koehnen and Thompson and Chairman Stulberg voted Nay.) Director Hurlburt stated the item should be on the July 8, 1997 Planning Commission Meeting agenda and to stay in touch with staff for the exact date. Planning Commission Minutes July 8, 1997 Page # 162 7. TION by Chairman Stulberg, seconded by Commissioner Ribbe recommending prow a Planned Unit Development General Plan Amendment for Peter Andrea ompany for erty located at the northwest corner of Shenandoah Lane and 22"a venue. A. nmissioner Ribbe stated thatity needs this type of development. Chairman berg commented that the total units are close to what was originally intended for Parker Lake Planned Unit Development. missioner Thompson noted that retion is limited and the application meets the stanHe stated that he liked that density was reduced, trees maintained, and it is compatib e the senior building will be proposed. Call Vote. 7 Ayes. MOTION carried on a unanimous vote. OLD BUSINESS: GENE AND NELLI SIVRIVER (97057) (Tabled from the June 24, 1997 Meeting) Chairman Stulberg introduced the request by Gene and Nelli Sivriver for a Conditional Use Permit to operate All Auto Fix, Inc. a minor automobile repair business and Interim Use Permit for parking reduction for property located at 3435 Highway 169 North. Planner Drill gave an overview of the July 2, 1997 staff report. Chairman Stulberg introduced Gene and Nelli Sivriver, the applicants. The Sivriver's had no additional comments. Chairman Stulberg reopened the public hearing for any comments specifically pertaining to the easement issue. Chairman Stulberg introduced John Hedner of 5555 Zealand Avenue North. Mr. Hedner had nothing new to add regarding the easement. Chairman Stulberg introduced Scott Henderson of 3431 Highway 169 North. Mr. Henderson stated that in his conversation with City Attorney Knutson, the attorney stated he had not yet done an opinion on the easement agreement. Mr. Henderson stated that he has retained counsel to receive an opinion on the issue. Mr. Henderson presented a map depicting the parking area. Mr. Henderson requested that the application be tabled until his attorney can review the easement and issue an opinion. Chairman Stulberg introduced Svetlana Makeyeva of Arkady's Market. Ms. Makeyeva stated that she feels there will be ample parking for the proposed business. Planning Commission Minutes July 8, 1997 Page #163 DRAFT Mr. Sivriver commented that according to the easement, they have use of the 11 parking spaces on the south side of the building. Commissioner Thompson asked for clarification on the parking layout and easement area. Planner Drill indicated where the lot lines and easement lines are located. MOTION by Commissioner Koehnen, seconded by Commissioner Ribbe recommending approval of a Conditional Use Permit and Interim Use Permit for Nelli Sivriver for a minor repair automotive service garage with reduced parking for property located at 3435 Highway 169 North. Commissioner Berkowitz asked if the legal opinion comes back differently, what becomes of the Conditional Use Permit. Director Hurlburt replied if the neighbor provides a legal opinion that differs, it could be addressed at the City Council level, after that, it becomes a private matter. Vote. 7 Ayes. MOTION approved on a unanimous vote. MOTION by Commissioner Stein, seconded by Commissioner Stoebner to adjourn the meeting. Vote. 7 Ayes. The meeting was adjourned at 10:59 p.m. ZONING ORDINANCE CONDITIONAL USE PERMIT STANDARDS 21015.02 PROCEDURE: Pursuant to Minnesota Statutes 15.99, an application for a conditional use permit shall be approved or denied within sixty(60) days from the date of its official and complete submission unless extended pursuant to Statute or a time waiver is granted by the applicant. If applicable, processing of the application through required state or federal agencies shall extend the review and decision-making period an additional sixty 60) days unless this limitation is waived by the applicant. Subd.5. The Planning Commission shall consider possible adverse effects of the proposed conditional use. Its judgment shall be based upon (but not limited to) the following factors: Compliance with and effect upon the Comprehensive Plan, including public facilities and capital improvement plans. 2. The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort. 3. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 4. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 5. Adequate public facilities and services are available or can be reasonably provided to accommodate the use which is proposed. 6. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 7. The conditional use complies with the general and specific performance standards as specified by this Section and this Chapter. Section 21015 -Plymouth Zoning Ordinance forms/cupsta) BURNU CITY OF PLY Ui l\Ty U'Y', CV" C)IF T° MAY 1997 Maple Grove Office 13608 Roth Circle North Maple Grove, MN 55369-8961 Office: 612/420-6300 Fax: 612/120-9704 U o AWLACAA lDT--) FCOCT1 DNAL U 5F P&Rmn 3W 35 H l o HW A`-1 16c9 t l i S M `f T-6 L \/g X l Sn t3G TP-[,-w\)S L C E IN 'MAR V V, L.CYZE- CAN )00 QE—C—"--CCL 1 Ci\JCE- CN' 1 '1 '-z-:,'D Cr, A C eO SiTE AN )DIAe M) C PRDqQ5U S a1P A K I r ITC. L_` ,5 A1C a S`t1 rQ6 F -X [ 01- JELL t2 r- R em tsI S A'S ISS PD- TTD---', OF ` n-i'E )3U) L. U I N\X "e ru)l\ d CC UAP -4-1 W`E - nVE A `M -\ XYZ 141 Si Q Y OF C ) 14 S M l . 1 I P 1 t 1c 1 S , Lo( -))S eA)Z IC-, Tl-laT C i -t -Lf/ C LAZ L ANU LC -)9. t T 15 CIAZ- I N i ANO Com'-u 1`'l 7 - ALL C (`P/ QULOS Ai O 04 June 16, 1997 NEW SIVRIVER AND GENE VAYNBERG ALL AUTO FIX. INC U35 -w. i *.Jy 169 PLYMOUTH, MN Planning dept. CITY OF PLYMOUTH ATTN: SHA AI RE: Gonitionai Use Permit pp and interim Use Permit Daor W. An sVii This Letter is sant to your office concerning the previsent and proposed parking on and off site at U35 w. Wq 159. You have indicated that z3 spaces would be an Accurate on-site count for parking, yet more spaces, approximately 37 would be ordinarilyReauired by code. I Would Ike to request an approued reduction In use of parking as via belev* and you have found that in addition to our neve six spaces, Eleven parking spaces along our 23on-site m have an additon ten spaces permitted on street parking. Because vm befieve and the facts persuade the code has higher standards than the site utilizes vie requuer approval reduction in parking sites_ vim All n qi iXV!! Dn map - qzu to Fix, Inc. Tonal Use Pie u A: I4 IIIIIIIICIIi `ATE S wl 3sf vr @ Q 501 j(-3-CO IoJ., IC) 0 0C Agenda Number: q A TO: Dwight D. Johnson, City Manager FROM: Larry Jacobson, Finance Manger through Dale E. Ha , Director of Finance and Information Technology SUBJECT: Presentation of 1996 Audited Comprehensive Annual Financial Report by Deloitte & Touche DATE: July 11, 1997 for City Council Meeting July 23, 1997 1. PROPOSED MOTION: No motion is required. This item is a formal presentation of the 1996 Audited Comprehensive Annual Financial Report by the auditors. 2. BACKGROUND: Annually the City contracts with an outside Certified Public Accounting Firm to audit the City's Comprehensive Annual Financial Report. This is the third year of a three year agreement with Deloitte & Touche LLP. The audit also includes a review of the City's compliance with Minnesota legal statutes, a review of the City's internal control structure, a Single Audit Report on the City's compliance with requirements applicable to Federal Financial Assistance Programs and management comments and recommendations. Deloitte & Touche LLP has issued an Unqualified Opinion on the City's Comprehensive Annual Financial Report for the year ended December 31, 1996. An Unqualified Opinion is the highest form of assurance a Certified Public Accounting Firm can issue. At the June 18' meeting the Council passed a resolution accepting the 1996 Audited Comprehensive Annual Financial Report. The resolution to accept the 1996 Audited Comprehensive Annual Financial Report allowed the Finance Department to submit copies of the report to users of the document such as the State Auditor's Office, Government Finance Officers Association, Moody's and others. Due to the number of items on the agenda that week, Cliff Hoffman, Audit Partner, from Deloitte & Touche LLP was not asked to be at the June 18`' meeting, but to attend the Council meeting on July 23`d 3. DISCUSSION: Cliff Hoffman, Audit Partner, from Deloitte & Touche LLP will be at the July 23`d meeting to provide a management summary of significant items, additional discussion on the various reports and be available for questions. The Finance Department has also prepared responses to the current year comments on other accounting, administrative and operating matters and recommendations resulting from the auditors observations during the audit. These observations were included in the reports provided to you at the June 18`' meeting. An additional copy of the management letter is included with this report. 4. RECOMMENDATION: Please bring the copies of the 1996 Audited Comprehensive Annual Financial Report which were distributed in the packets for the June 18' meeting. That packet included additional reports from the auditors on the City's compliance with Minnesota legal statutes, a review of the City's internal control structure, a Single Audit Report on the City's compliance with requirements applicable to Federal Financial Assistance Programs and management comments and recommendations. Resoltns\5101\97audit 1 RESPONSES TO AUDITORS MANAGEMENT LETTER COMMENTS YEAR ENDED DECEMBER 31, 1996 Single Audit Act Changes Auditors Recommendation - The City should obtain and review the new Office of Management and Budget Circular to determine effects of the changes on the City. Management Response - We will obtain a copy on the revised Office of Management and Budget Circular A-133 that contains the new Single Audit Act requirements and determine the effects for the City of Plymouth. Finance Department staff also attend annual training sessions on updates of accounting and auditing issues which address these types of changes. Plymouth Towne Square -Operating losses: Auditors Recommendation - With the understanding that Towne Square is a subsidized housing project fund operated by the HRA, we recommend that the Towne Square pursue three possible avenues. One avenue is for Towne Square to investigate the possibility of lowering its operating costs. This would reduce future operating losses. A second avenue is for Towne Square to raise the tenant's portion of the rents. Third, the City could move to increase the subsidy to meet the operating losses. The implementation of one or a combination of these ideas should help alleviate the operating losses in the future and enable the entity to operate at a break-even level. Management Response - The $30,000 operating loss can be entirely attributed to depreciation expense for Towne Square. The concept of depreciation provides an estimate of the loss of value of a building over time due to age and obsolescence. A well maintained building with adequate reserves to replace worn out components should maintain value considerably beyond standard depreciation schedules. Given the HRA's commitment to maintain Towne Square at a high standard of quality, it is expected to last 40 to 50 years. Page 1 The assumptions used in the Towne Square Financial Pro Forma projections were that the building would be depreciated over a 30 year period. This is the current estimated life used for financial statement purposes. An increase in rents at Towne Square would require an increase in subsidy from the HRA or additional financial burden on the residents. A reduction of routine expenses would adversely affect services to residents and maintenance of the facility. The HRA staff and the HRA Board, have reviewed these options and do not recommend any increases in rents or reductions in operating expenditures at this time. After consultation with the HRA Board of Commissioners, the HRA staff recommend that the Towne Square's estimated useful life of the building for depreciation purposes should be revised to a 40 or 50 year schedule. The Finance Department will review the appropriate useful life for these types of facilities with Walker Management and other City's which operate similar facilities to determine an appropriate useful life of the building for financial statement purposes. The HRA should also review the rent rate structure to determine if any adjustments are justified to keep pace with other cost of living and inflationary increases. Sewer Fund Operations: Auditors Recommendation - We recommend that the City study its sewer rates and operations to cut operating losses in this fund via expense cuts and/or rate increases. Management Response - In 1996, the City continued to implement a sump pump inspection program. The program is designed to reduce the amount of clear water discharge into the sewer system resulting in reduced sewage disposal costs. We will continue to evaluate the effects of the program and the impact on disposal costs. In April 1997, the City Council authorized a sewer rate increase of 5.8 % on the volume charge effective for service provided after July 1, 1997. We will continue to keep Council apprised of the operating status of these funds on a quarterly basis. We will continue to evaluate the effects of the sump pump inspection program and determine if any additional sewer rate increases will be necessary in the future. Page 2 Accounting and Reporting for Investments: Auditors Recommendation - We recommend that the City review the provisions of GASB Statement No. 31, Accounting and Financial Reporting for Certain Investments and for External Investment Pools, and determine the appropriate future accounting and reporting implementations. Management Response - We will obtain a copy on the GASB Statement No. 31, Accounting and Financial Reporting for Certain Investments and for External Investment Pools, and determine the appropriate future accounting and reporting implementations for the City of Plymouth. Finance Department staff also attend annual training sessions on updates of accounting and auditing issues which address these types of changes. Financial Reporting Model: Auditors Recommendation - We recommend the City review the provisions of the exposure draft on state and local government basic financial statements and determine the appropriate changes that will need to be made to the City's current financial reporting model when adopted. Management Response - We will review the GASB exposure draft on state and local government basic financial statements and determine the appropriate changes that will need to be made to the City's current financial reporting model when adopted. Finance Department staff also attend annual training sessions on updates of accounting and auditing issues which address these types of changes. Cell Phone Use: Auditors Recommendation - The City should generate a summary of average monthly cellular phone charges by individual and/or department to be reviewed on a periodic basis. Such a report would provide an analytical tool for the monitoring of cellular phone use by individuals in relation to their peers and may help identify potential areas of excessive, unnecessary, or improper use. Page 3 Management Response - The City currently submits all cellular phone invoices to the individuals and/or departments for review, approval, and reimbursement of non -business phone usage. We agree that some additional review of cellular phone usage may be appropriate. The Finance Department will begin to develop procedures to generate a summary of average monthly cellular phone charges by individual and/or department to be reviewed on a periodic basis by Department Heads and the City Manager. Long -Term Disability Insurance: Auditors Comment - If the City was to change its program for all employees and include the premium paid in income for all employees, it would make a significant difference in the benefits received and protection for all employees. Management Response - The City has made progress in this area during 1996. The Clerical, Technician and Professional Employee union has approved this provision in their contract effective July 1, 1997 We believe this is a good idea and would be a benefit to employees. We think all City employees should consider such an option. It will continue to be negotiated with our other bargaining units. The City Council will need to approve this change as part of all compensation agreements. State of Minnesota Performance Measure Requirement for Local Government in 1996: Auditors Recommendation - The Government Finance Officers Association recommends that financial, service, and program performance measures be developed and used as an important component of decision making and incorporated into governmental budgeting. Management Response - The City is in the process of developing local performance measures. As part of its compliance with the State of Minnesota, Certification of Local Performance Measures for Local Performance Aid Payable in 1998, the City has begun to develop measures as part of the 1998 budget process. Page 4 We will review the GFOA performance measure recommendation and the future implementation plans for the City. This is an item which will need to be included as part of the budget process in future years. Internal Service Fund: Auditors Recommendation - The City should consider expanding its use for internal service funds to include buildings. The full cost of the use of the facilities should be allocated to all programs. Management Response - The City currently has a Public Facilities internal service fund which was established to provide services for the operations of City facilities. Facility maintenance, repair and replacement costs are provided from charges to City operating departments and facilities. We do not currently include annual depreciation charges for the buildings in the cost of services charged to departments. The Finance Department periodically reviews the reserve balance in funds to determine if they are adequate to meet future needs. As part of the review of the public facilities fund, we will consider if the reserve funding stream is adequate. We will review the recommendation to include depreciation expense in the annual funding requirements in the future. We will also determine what the impact is on the general fund operating budget and tax levy requirements. fmance\account\reports\annual\96report\respond Page 5 Deloitte & ToucheLLP 4N400 One Financial Plaza Telephone: (612) 397-4000 120 South Sixth Street Facsimile: (612) 397-4450 Minneapolis, Minnesota 55402-1844 April 17, 1997 To the City Council of the City of Plymouth Plymouth, Minnesota In planning and performing our audit of the general purpose financial statements of the City of Plymouth the City) for the year ended December 31, 1996, we considered its internal control structure in order to determine our auditing procedures for the purpose of expressing an opinion on the general purpose financial statements, and not to provide assurance on the internal control structure. Such consideration would not necessarily disclose all matters in the internal control structure that might be material weaknesses under standards established by the American Institute of Certified Public Accountants. A material weakness is a condition in which the design or operation of the specific internal control structure elements does not reduce to a relatively low level the risk that errors or irregularities in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control structure and its operations that we consider to be material weaknesses as defined above. We did note other accounting, administrative, and operating matters which are presented under the caption "Current -Year Comments." These recommendations resulted from our observations made in connection with our audit of the City's general purpose financial statements for the year ended December 31, 1996. The status of the 1995 recommendations is presented under the caption "Prior -Year Comments." This report is intended for the information and use of the City Council, management, and others within the City. However, this report is a matter of public record and its distribution is not limited. We will be pleased to discuss these recommendations with you and, if desired, to assist you in implementing any of them. DeloitteTouche Tohmatsu International fT CURRENT -YEAR COMMENTS Single Audit Act Changes: Observation: There are major changes affecting future single audits of Cities. Office of Management and Budget OMB) Circular A-133, Audits of Institutions of Higher Education and Other Nonprofit Institutions, has been revised and will be effective for fiscal 1997. The new circular replaces both previous OMB Circulars A-133 and OMB A-128, which were generally applicable to audits of federal financial assistance received by nonprofit organizations and state and local governments, respectively. Some of the changes included in the revised A-133 Circular that will affect the City include the following: The due date for submission of single audit reports has been shortened to nine months after the end of the period subject to audit from the previous 12 -month requirement. There are additional reporting requirements for the auditee. First, a summary of prior -year audit findings must be completed and submitted by the auditee. In addition, a "Certification of Audit" form and required additional information must be completed by the auditee and submitted with the single audit reports. Single audit reports and the additional information must now be sent to a national clearinghouse location where they will be distributed to other federal departments. A risk-based method of determining major programs for testing is now in effect. This means that the federal programs previously not audited may be subject to testing on future audits. Recommendation: The City should obtain and review the new OMB Circular to determine effects of the changes on the City. Plymouth Towne Square: Observation: During our procedures on Plymouth Towne Square (Towne Square), we noted that Towne Square has experienced two consecutive years of operating losses. Through discussion with management, the losses are deemed to be the result of depreciation and amortization expense and that cash flows and working capital are positive. In 1996, Towne Square's operating revenues covered all operating expenses except 13.6% of depreciation and amortization expense. However, the net operating losses generate decreases in equity which will lead to a future deficit if the trend of losses continues. The current -year operating loss of approximately $30,000 represents a cost per unit per month of $25. Recommendation: With the understanding that Town Square is a subsidized housing project fund operated by the HRA, we recommend that the Town Square pursue three possible avenues. One avenue is for Town Square to investigate the possibility of lowering its operating costs. This would help reduce future operating losses. A second avenue is for Town Square to raise the tenant's portion of the rents. Third, the City could move to increase the subsidy to meet the operating losses. The implementation of one or a combination of these 2 ideas should help alleviate the operating losses in the future and enable the entity to operate at a break- even level. Sewer Fund Operations: Observation: The stated intent of the City's enterprise funds is that of cost financing, recovery, and reimbursement or the determination of net income for accountability purposes. We noted that the City's Sewer Fund recorded a net operating loss for fiscal year 1996. A portion of the loss is the result of depreciation of mains and lines. Recommendation: We recommend that the City study its sewer rates and operations to cut the operating losses in this fund via expense cuts and/or rate increases. Accounting and Reporting for Investments Observation: During March 1997, the Governmental Accounting Standards Board (GASB) issued Statement No. 31, Accounting and Financial Reporting for Certain Investments and for External Investment Pools. This statement establishes accounting and financial reporting standards for all investments held by governmental external investment pools. For governmental entities other than external investment pools, defined benefit pension plans, and Internal Revenue Code Section 457 deferred compensation plans, it also establishes accounting and financial reporting standards for investments in interest-earning investment contracts, external investment pools, open-end mutual funds, debt securities, equity securities including unit investment funds and closed-end mutual funds), option contracts, stock warrants, and stock rights that have readily determinable fair values. The accounting and financial reporting standards established by GASB Statement No. 31 call for the City to report investments at fair value in the balance sheet (or other statement of financial position). Fair value is the amount at which an investment could be exchanged in a current transaction between willing parties, other than in a forced or liquidation sale (i.e., market value). The City may report at amortized cost money market investments and participating interest-earning investment contracts that have a remaining maturity at time of purchase of one year or less, provided that the fair value of those investments is not significantly affected by the impairment of the credit standing of the issuer or by other factors. All investment income, including changes in the fair value of investments, should be recognized as revenue in the operating statement (or other statement of activities). When identified separately as an element of investment income, the change in the fair value of investments should be captioned net increase (decrease) in fair value of investments. Realized gains and losses should not be displayed separately from the net increase (decrease) in the fair value of investment in the financial statements, except that realized gains and losses may be separately displayed in the separate reports of governmental external investment pools. The provisions of GASB Statement No. 31 are effective for financial statements of periods beginning after June 15, 1997. Earlier application is encouraged. Accounting changes adopted to conform to the provisions of this statement should be applied retroactively, if practical, by restating financial statements of all prior periods presented. If restatement of financial statements for prior periods presented is not practical, the cumulative effect of applying this statement, if any, should be reported as a restatement of beginning fund balance or retained earnings, as appropriate, for the earliest period restated. Recommendation: We recommend the City review the provisions of GASB Statement No. 31 and determine the appropriate future accounting and reporting implications. Financial Reporting Model Observation: During January 1997, the Governmental Accounting Standards Board issued a proposed statement, Basic Financial Statements -and Management's Discussion and Analysis for State and Local Governments, in an exposure draft format. This proposed statement establishes accounting and financial reporting standards for general purpose external financial reporting by state and local governments, including the basic financial statements and management's discussion and analysis (MD&A). It establishes the general outline and minimum content of the comprehensive annual financial report (CAFR). The new components of a CAFR are established as: I. Introductory section II. Financial section A. Management's discussion and analysis B. Basic financial statements (including an entity -wide perspective and a fund perspective) C. Required supplementary information D. Combining and individual fund statements and schedules III. Statistical section The major changes in the current reporting model represent the MD&A section and basic financial statements, which include statements prepared from both an entity -wide perspective and a fund perspective. The requirements of the exposure draft are effective for financial statements of periods beginning after June 15, 2000. Recommendation: We recommend the City review the provisions of the exposure draft on state and local governments basic financial statements and determine the appropriate changes that will need to be made to the City's current financial reporting model when adopted. Cell Phone Use Observation: There has been recent media attention given to the controls over cellular phone usage at the State of Minnesota level. Currently the City has 37 phones in use with a total average monthly billing of $750 (an average of $20.27 per phone) or a total of approximately $9,000 for 1996. Bills are currently submitted to the departments for review, approval, and reimbursement of nonbusiness phone usage. 4 Recommendation: The City should generate a summary of average monthly cellular phone charges by individual and/or department to be reviewed on a periodic basis. Such a report would provide an analytical tool for the monitoring of cellular phone use by individuals in relation to their peers and may help identify potential areas of excessive, unnecessary, or improper use. Long -Term Disability Insurance: Background: s Federal income tax rules provide that if an employer pays the premium for disability insurance as a tax- free benefit, the disability payments received are taxable. Conversely, if the employee has such premiums included as taxable income, the employee, if disabled, would receive benefits without paying income taxes. If the City was to change its program for all employees and include the premium paid in insurance for all employees, it would make a significant difference in the benefits received and the protection of all employees. Current -Year Update: The City has made progress in this area. Effective July 1, 1997, the clerical, technician, and professional employee union approves the above provision in their contract. Recommendation: We encourage the City to continue pursuit of this opportunity among remaining City employee groups. Observation: State of Minnesota passed a Performance Measure requirement for Local Government in 1996. Background: A key responsibility of state and local governments is to develop and manage services, programs, and resources as efficiently and effectively as possible and to communicate the results of these efforts to the taxpaying public. Meaningful performance measurements assist government officials and citizens in identifying financial and program results, evaluating past resource decisions, facilitating qualitative improvements in future decisions regarding resource allocation and service delivery options, and communicating service and program results to the community. Recommendation: The Government Finance Officers Association (GFOA) recommends that financial, service, and program performance measures be developed and used as an important component of decision making and incorporated into governmental budgeting. Performance measures should be based on program goals and objectives that tie to a statement of program mission or purposes measure program results or accomplishments provide for comparisons over time measure efficiency and effectiveness be reliable, verifiable, and understandable be reported internally and externally be monitored and used in decision-making processes be limited to a number and degree of complexity that can provide an efficient and meaningful way to assess the effectiveness and efficiency of key programs GFOA encourages all governments to utilize performance measures. At a minimum, performance measures should be used to report on the outputs of each program and should be related to the objectives of each department. Governments in the early stages of incorporating performance measures into their budget process should strive to identify meaningful and relevant goals and objectives for government and its service delivery units identify and track output measures that are useful and relevant to the goals and objectives of key services identify and track performance measures for a manageable number of meaningful financial objectives that are used in evaluation develop and refine additional performance indicators to make them more meaningful and identify mechanisms to improve their interpretation and use in decision making and accountability As governments gain experience with these measures, they are encouraged to use a variety of performance measures to report on the achievements, impacts, and outcomes of key programs. These measures should be linked to the objectives of the programs and the missions and priorities of the organization. Governments should develop multiyear series of input, output, efficiency (output/input), and effectiveness (or quality) measures in major governmental areas develop a database of statistics of common measures analyze the implications of using particular measures for decision making and accountability use customer or resident satisfaction measures develop common definitions of key performance measures to allow intergovernmental comparisons develop common or improved approaches to utilization of financial and service performance measures in making and evaluating decisions use community condition measures to assess resident needs that may not be addressed by current programs References: Research Bulletin --Performance Measurement: The Link to Effective Government, Patricia Tigue and James Greene, Jr., GFOA, 1994. Research Report --The Use of Performance Measures in City and County Governments, Patricia Tigue and Dennis Strachota, GFOA, 1994. A Blueprint for State and Local Governmental Budgeting: The Final Report of the National Task Force on State and Local Budgeting, National Task Force on State and Local Budgeting, GFOA, 1994. Z Internal Service Fund: Observation: The City has invested over $18 million in building and structures on which it has not recorded depreciation expense since these assets are in the general fixed asset account group. Currently, the City does not have the means of charging for the use of facilities including depreciation expense back to each department. Generally, internal service funds are established for equipment and information systems as a means of providing for the maintenance of these critical fixed asset needs. Internal service funds follow the accrual method of accounting which is similar to the private sector and, as such, internal service funds record depreciation expense which would be charged to the City's departments which use the assets. Recommendation: The City should consider expanding its use for internal service funds to include buildings. The full cost of the use of facilities should be allocated to all programs. PRIOR -YEAR COMMENTS Property Detail Records: Observation: As noted in the prior year, the City does not maintain updated detail records for all categories of general fixed assets. Current -Year Update: The City has made progress in this area and has assigned finance department staff to continue the effort in 1997. Fixed Assets: Observation: Currently, the City maintains detailed fixed asset records on all items with an original cost greater than 500. In recent years, as promoted by Government Accounting, Auditing, and Financial Reporting, issued in June 1994, many governments have come to reexamine their capitalization thresholds. When a government decides to apply a new threshold, it should also remove all existing fixed assets that no longer qualify under the new threshold. Current -Year Update: The City has increased its capitalization threshold from $500 to $2,000. Park Land Donations: Observation: In conjunction with the development of City property, developers are required to donate land or money to the City to be used for parks. We noted that the City records cash received but not the value of land that is received. Current -Year Update: The City has developed procedures to track such transactions. No such situations, as stated above, were noted in the Current Year. Collateral: Observation: Collateral at a set amount of $5,050,000 was pledged by the City's banks to cover cash balances during all of 1995. We noted that on tax collection dates, the City's cash balances exceeded the $5,050,000 collateral level; however, the balances fell back under this level within the required 24-hour period. The City monitors collateral levels only on a quarterly basis. Current -Year Update: The City has made arrangements with its bank to address collateral issued. We noted no such situation in the Current Year. 0 Agenda Number: q -F TO: Dwight D. Johnson, City Manager FROM:, Craig C. Gerdes, Director of Public Safety SUBJECT: REPORT ON COUNCIL SUBCOMMITTEE ON PUBLIC SAFETY DATE: July 17, 1997 for July 23, 1997 City Council Meeting 1. ACTION REQUESTED: The City Council accept the report on the activities of the Council Subcommittee on Public Safety. 2. BACKGROUND: In January of 1996, the City Council authorized the creation of the Subcommittee on Community Policing. The committee was comprised of Council Members, City Staff, Public Safety Staff, and citizens. The group met on a monthly basis throughout the eighteen months, with the exceptions of certain months due to scheduling conflicts, such as National Night Out and holidays. The first five to six months, the group primarily was given presentations from the Police Department of the various programs offered through the department within the community. Beginning in May of 1996, several issues were reviewed by the group. A following is a listing of the issues, along with their current status. Graffiti ordinance - the group first discussed the issue in May of 1996 at which time it was sent back to the internal Police Department Community Policing Committee for further review and recommendations. This came back to the Subcommittee at its June 1997 meeting with some recommended revisions. Staff was directed to incorporate these revisions into the ordinance draft and work out enforcement details and bring back to the committee. In process. Citizen Academy - the group reviewed this proposed program in June of 1996. It recommended further work by staff and implementation for at least City Council, Committee, and Commission members. Completed. Residential speed limit of 25 mph - this issue was referred by the City Council. The group reviewed the issue between September and November of 1996. Made decision to recommend lowering the speed limit to 25 mph to the State Legislature. Completed. Fire Department Staffing - this issue was referred by the City Council. The group has its first presentation by the Fire Department in September, October, and November of 1996. At that time, it recommended further research into the options presented. The Fire Department brought part two of its report back to the Subcommittee at its June 1997 meeting. The Subcommittee accepted the report, directed staff to include items outlined in its 1998 budget request, and forward copies of the report to the full Council. Staff did include information in the budget request and will be forwarding copies of the report to the full Council. In Process. Squad colors - the group was given information on the request from officers to change the colors of our marked squads to a more traditional black and white combination. The group reviewed the information and input from citizens. Completed. Community Notification of Sex Offenders - this issue was mandated by the legislature and the procedure drafted by the police department was reviewed and discussed by the Subcommittee. Completed. Restructure and Mission of Subcommittee - the group reviewed its structure and mission and gave a recommendation to the Council in July to change the name to the Subcommittee on Public Safety, adopt the mission statement, and alter the structure, which was adopted by the Council. We are currently in the process of seeking citizen representatives. In Process. Parking Restrictions on 36`' Avenue - this issue was referred by the City Council. The group reviewed the issue from the Council. As this issue is tied to a development project, it was tabled until the development issue is brought forward. Pending. Animal Ordinance - the group is reviewing the City's current animal ordinance for possible changes and reviewing the process for citizen input. In Process. 40 WAYS THE CITY CAN BY11. ASSET TYPE" ASSET NAME / DEFINITION" Reprinted with permission from the Search Institute fA IF W N 7, J Q X 19 19 IN X W 1—Family support - Family life provides high levels of love and support 2 Positive family communication - Parents and child communicate positively; child is willing to seek parents advice and counsel. 3 Other adult relationships - SUPPORT Child receives support from three or more non -parent adults. 4 Caring neighborhood - Child experiences caring neighbors. MPOWERMENT BOUNDARIES AND EXPECTATIONS 5 Caring school climate - School provides a caring, encouraging environment. 6 Parent involvement in schooling - Parents are actively involved in helping child succeed in school. 7 Community values youth - Child perceives that community adults value youth 8 Youth given useful roles - Youth are given useful roles in community life. 9 Community service - Child gives one hour or more per week to serving in one's community. 10 Safety - Child feels safe in home, school and neighborhood. 11 Family boundaries - Family has clear rules and consequences; and ASSETS IN Y0T IDEAS FOR CITY GOVERNMENT Create personnel policies that are "family friendly." When children call the office, make it a priority that employees receive the call. Publicly recognize students for variety o accomplishments (i.e. volunteering). P ngs. Strengthen neighborhood watch and other neighborhood programs. Encourage City employees to mentor during the work day at a local school. Allow employees to volunteer time at schools. Host family and youth celebrations or programs that include residents as well as e eyees-arrd their children:----------__ Hire students when appropriate (i.e. election judges) and show interest in their development. Hire students to create and up a e web -and -cable Create community task force groups that involve decision-making by youth. Promote neighborhood block clubs, DARE, Safety Camp, and other fire and police programs. — curfew laws. monitors whereabouts. 12 School boundaries - : paoren rk with the schoSchoolprovidesclearrulesandconsequences. ting tips in the City's newsletter. 13 Neighborhood boundaries - tosing neighborhood bonds. Neighbors would report undesirable behavior to family. Provide activities that include getting to know neighbors. 14 Adult role models - Parent(s) and other adults model prosocial behav 15 Positive peer influence - Child's best friends model responsible behavior. 16 High expectations - ticia .., onhinv Both parents and teacneis P—So Enforce laws prohibiting the sale of ior. tobacco and -liquor -to -underage Persons-, dcity. youth volunteer activities within Cthe Encourage youth participation on mmi es. Regularly recognize..those. _students who Pyne! -in Various areas. 17 Creative activities - Involved three or more hours per week in lessons or practice in music, theater, or other arts. 18 Youth programs - Involved three or more hours per week in sports, clubs, or organizations at school and/or in community organizations. 19 Religious community - Involved one or more hours per week. 20 Time at home - Out with friends 'with nothing special to do," two or fewer niahts ver week. Utilize local talent (youth orchestra, jazz and other youth bands, theater) at City/ functions. Inform -em oyees-of-the--tbca•T youth clubs in the area that accept charitable donations and partake in f. d.faisecs itdget to nyuth asset development`:' Post church activities that involve youth on government cable channel and other etin boards. bull it the number of ni§ff meetings employees need to attend. Reinforce the importance of spending time at home ASSET TYPE* ASSET NAME / DEFINITION* 21 Achievement motivation - Child feels she/he has control over "things that happen Child is motivated to do well in school. 22 School performance - 38 Self-esteem - Child has a B average or better. 23 Homework - EDUCATIONAL Child reports one or more hours of homework per day. COMMITMENT Recognize skills and accomplishments. 24 Bonding to school - Child is optimistic about his/her personal future. Child cares about her/his school. 25 Reading for pleasure - Child reads for pleasure three or more hours per week 26 Caring - Child places high value on helping other people. 27 Equality and social justice - Child places high value on promoting equality and reducing hunger and poverty. 28 Integrity - VALUES Child acts on conviction, stands up for her or his beliefs. 29 Honesty - ' Child "tells the truth even when it is not easy." 30 Responsibility - Child accepts and takes personal responsibility. L 31 Restraint - Child believes it is important not to be sexually active or to use alcohol or other drugs. 32 Planning and decision-making - Child has skill to plan ahead and make choices. 33 Interpersonal competence - Child has empathy, sensitivity, and friendship skills 34 Cultural competence - Child has knowledge of and comfort with people of different racial backgrounds. 35 Resistance skills - Child can resist negative peer pressure. 36 Peaceful conflict resolution - Child seeks to resolve conflict non-violently. IDEAS FOR CITY GOVERNMENT Volunteer mentoring or tutoring time. Help develop curriculum on local Provide City facilities for students to do homework. Have tutors and mentors Re ocgnizeentireschoolsorclassrooms. Reward" students for good attendance. Emp ance o rea in providing volunteers to read to children. Have students receive a letter from the mayor fegognizing them for reading. projects and encourage employees and their children to help. Work in cooperation with the school district or scouts on a food drive or addressing environmental concerns. Encourage students to be on the Human Rights Commission. Model the virtue of standing up for convictions. Support youth when they act with integrity. Support Teen Court programs: Organize a restorative justice program where youth have to take the responsibility for actions. Have the mayor speak at DARE graduations. Send letters to graduates restating the message of making healthy choices. Compliment youth when they portray good decisions (whether one is the employer or customer). Reserve room on the government cable channel for a calendar of youth activities. Greet youth in the neighborhood and find time to talk to them. Get to know the family next door. Provide programs that integrate youth and seniors. Explain cultural values in City newsletters and brochures. Celebrate diversity with a heritage F:— ctively promote DARE and GREAT gang resistance rograms. O er me iation services to neighborhoods in need. Expand community policing activities. 37 Personal control - Recognize and acknowledge when Child feels she/he has control over "things that happen employees and residents demonstrate to me." good judgment. 38 Self-esteem - Involve youth in planning annual City events. POSITIVE Child reports high self-esteem. Celebrate the accomplishment afterwards. IDENTITY 39 Sense of purpose - Involve youth in volunteer opportunities. Child reports "my life has a purpose." Recognize skills and accomplishments. 40 Positive view of personal future - Make a public statement to the community Child is optimistic about his/her personal future. regarding the City's commitment to the well- being of youth. Provide a document of ways the Citv will work toward this commitment.