HomeMy WebLinkAboutCity Council Packet 08-22-2023City Council 1 of 3 August 22, 2023
CITY OF PLYMOUTH
AGENDA
Regular City Council
August 22, 2023, 7:00 PM
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE
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 or
Committee for future report.
4.PRESENTATIONS AND PUBLIC INFORMATION ANNOUNCEMENTS
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.
6.1 Adopt proposed City Council minutes
August 8 Regular
6.2 Approve disbursements
Invoice Expense Distribution
City Council Resolution 2023-213
6.3 Designate engineer for the Plymouth Boulevard Rehabilitation Project (ST240001)
Location Map
Engineering Proposal
City Council Resolution 2023-214
6.4 Designate engineer for Frick's Garden Street Reconstruction Project (ST259001)
Location Map
Agreement for Engineering Services
City Council Resolution 2023-215
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City Council 2 of 3 August 22, 2023
6.5 Accept streets for continual maintenance in Serenity on Plymouth Creek (2014050)
and Holly Lane in Timbers Edge (2018044)
Location Map - Serenity on Plymouth Creek
Location Map - Holly Lane Timbers Edge
City Council Resolution 2023-216
City Council Resolution 2023-217
6.6 Approve amendment to existing towing services
Amendment to agreement
Towing contract 2021-24
City Council Resolution 2023-218
6.7 Authorize agreement with the Minnesota Department of Public Safety for DWI Officer
Grant
Agreement
City Council Resolution 2023-219
6.8 Approve temporary liquor license application of Wooden Hill Brewing Company LLC
at 171 Cheshire Lane, Suite 700 on September 14
City Council Resolution 2023-220
7.PUBLIC HEARINGS
7.1 Public Hearing on wine and on-sale 3.2 percent malt liquor license applications of
Asian Duck LLC d/b/a Asian Duck, 16605 County Road 24, Suite 205
Location Map
Property Owners within 500'
Draft Resolution (withdrawn by applicant)
8.GENERAL BUSINESS
8.1 Approval of a joint powers agreement providing potable water service to the City of
Medicine Lake
Potable Water JPA - Redline Version
Potable Water JPA - Clean Version
City Council Resolution 2023-221
8.2 Approve conversion of Vicksburg Lane from four lanes to three lanes
Location Map
City Council Resolution 2023-222
8.3 Discuss local cannabis regulation
Memorandum
Draft Ordinance - concerning public use of cannabis and hemp
Draft Ordinance - concerning smoking in city parks
9.REPORTS AND STAFF RECOMMENDATIONS
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City Council 3 of 3 August 22, 2023
10.ADJOURNMENT
3
Regular City
Council
August 22, 2023
Agenda
Number:6.1
To:Dave Callister, City Manager
Prepared by:Jodi Gallup, City Clerk/Administrative Coordinator
Reviewed by:Maria Solano, Deputy City Manager
Item:Adopt proposed City Council minutes
1.Action Requested:
Adopt proposed City Council minutes.
2.Background:
N/A
3.Budget Impact:
N/A
4.Attachments:
August 8 Regular
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Proposed Minutes Page 1 of 6 Regular Meeting of August 8, 2023
Proposed Minutes
Regular City Council Meeting
August 8, 2023
Mayor Wosje called a Regular Meeting of the Plymouth City Council to order at 7:00 p.m. in the Council
Chambers of City Hall, 3400 Plymouth Boulevard, on August 8, 2023.
COUNCIL PRESENT: Mayor Wosje, Councilmembers Willis, McGregor, Davis, Peterson, Pointner, and
Gregor.
COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Callister, Deputy City Manager Solano, Public Safety Director Fadden, Fire
Chief Coppa, Director of Public Works Thompson, Deputy Public Works Director/City Engineer LaBounty,
Community and Economic Development Director Fernelius, Park and Recreation Director Tomlinson,
Human Resources Director Timpone, Finance Director Rich, Planning and Development Manager
McGuire, Facilities and Fleet Manager Hanson, Management Intern Nwachi, City Attorney Mattick, and
City Clerk/Administrative Coordinator Gallup.
Plymouth Forum
There was no one to speak at the forum.
Presentations and Public Information Announcements
There were no presentations for public announcements.
Approval of Agenda
Motion was made by Councilmember Pointner, and seconded by Councilmember Gregor, to approve
the agenda. With all members voting in favor, the motion carried.
Consent Agenda
Councilmember Willis requested item no. 6.9 be removed from the Consent Agenda. Mayor Wosje
requested item no. 6.5 be removed from the Consent Agenda. These items were placed under General
Business as No. 8.5 and 8.6, respectively.
Motion was made by Councilmember Gregor, and seconded by Councilmember Willis, to adopt the
Consent Agenda that included the following items:
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Proposed Minutes Page 2 of 6 Regular Meeting of August 8, 2023
(6.1)Council minutes from special meeting and regular meeting of July 25, 2023.
(6.2)Resolution approving disbursements ending July 28, 2023 (Res2023-195).
(6.3)Resolution approving the donation of easements for the MnDOT Hwy 169/36th Avenue Bridge
Replacement Project (Res2023-196).
(6.4)Resolution approving contract with Robbinsdale school district 281 for school resource officer
services (Res2023-197).
(6.5)(This item was removed from the Consent Agenda and placed under General Business as item
No. 8.6).
(6.6)Resolution authorizing the renewal of an agreement with the State of Minnesota to provide
radiological response services (Res2023-198).
(6.7)Resolution designating consulting engineer for preliminary and final design engineering and
construction engineering for the Zachary water treatment plant enhancements (WA230001) (Res2023-
199).
(6.8)Resolution identifying the need for livable communities demonstration account funding and
authorizing application for grant funds (Res2023-200).
(6.9)(This item was removed from the Consent Agenda and placed under General Business as item
No. 8.5).
(6.10)Resolution approving cooperative agreement with the Bassett Creek Watershed Management
Commission for the Four Seasons Water Quality Project (WR22004) (Res2023-201).
With all members voting in favor, the motion carried.
Public Hearings
(7.1)Public hearing on revocation of on-sale intoxicating liquor license with Sunday sales for
Northwoods Entertainment LLC dba Emagine Willow Creek, 9900 Shelard Parkway
Public Safety Director Fadden presented this item and recommended the revocation of the liquor
license. He provided a review of the five compliance checks within a 36-month time period that resulted
in four failures and one passing.
In response to questions from the City Council, Public Safety Director Fadden provided the following
information:
The business conducted employee training and a scanner was purchased to help with proper
identification
City code does not state when a new liquor license can be acquired after a revocation
Civil litigation would fall on the license holder along with a criminal citation to the employee
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Proposed Minutes Page 3 of 6 Regular Meeting of August 8, 2023
Only adults 21 years old and over are permitted to serve alcohol
Mayor Wosje opened the public hearing.
John Goldstein, 9900 Shelard Parkway, has maintained multiple liquor licenses for the past 20 years. He
detailed his efforts to eliminate serving to minors by firing employees who served to minors and
providing TIPS (training for intervention procedures) training program.
Brian Lasley, 232 6th Avenue NE., Osseo, described his training record and stated changes and more
training are on-going.
Mayor Wosje closed the public hearing.
In response to further questions from the City Council, Public Safety Director Fadden and City Attorney
Mattick provided the following information:
The four violations have all occurred within a 36-month time period
In 2017, the City Council recommended revocation of the liquor license to a different Plymouth
establishment after their fourth violation in the 36-month time period
According to a fourthviolation of the city code, the penalty grid is revocation
The council discussed the various penalties for this violation. City Attorney Mattick clarified the
definitions of revocation versus suspension. City Clerk/Administrative Coordinator Gallup clarified the
original date of the liquor license and the license renewal date.
The council discussed additional penalties if violations continue, the continuity of following the
Plymouth City Code, and suggested increasing the penalty for the second and third violations and
creating balanced and equal increments for the fourth or even fifth violations.
Motion was made by Councilmember Willis, and seconded by Councilmember Pointner, to adopt
Resolution suspending the on-sale intoxicating liquor license with Sunday sales for Northwoods
Entertainment LLC d/b/a Emagine Willow Creek, 9900 Shelard Parkway with the ability to reapply on or
after March 1, 2024 and impose a $2,000 monetary fine (Res2023-202). With Mayor Wosje and
Councilmembers Peterson, Willis, Gregor, McGregor and Pointner voting yes and Councilmember Davis
voting no, the motion carried 6-1.
General Business
(8.1)Adopt ordinance amending chapters X and XXI of the city code, regarding the keeping of bees
and adopt Resolution approving the findings of fact for said ordinance
Planning and Development Manager McGuire presented this item. She provided information on how
bees help the environment and the economy, defined the proposed process that is already in city code
and explained the required plans and application fees. The draft ordinance would allow bee keeping on
private, public, or institutional properties, and on HOA properties. City staff recommended approval of
the ordinance and resolution.
7
Proposed Minutes Page 4 of 6 Regular Meeting of August 8, 2023
In response to questions from the City Council, Planning and Development Manager McGuire provided
the following information:
Draft ordinance will not allow bee habitats to be placed on or near restaurants
In the event of a swarm, the bee handlers contain it or, if necessary, a company that handles
swarms can be contacted
Explained why the chicken setback footage is more than the bee habitat setback
City Attorney Mattick stated he would not have any objection to include the summary publication
tonight.
The Council had a robust discussion regarding property line proximity, children’s safety, objection and
notification process, uniformity of the ordinance, a 6-foot barrier, neighbor notification and health
concerns for residents who suffer from bee allergies.
Motion was made by Councilmember Gregor, and seconded by Councilmember Pointner, to
adopt Ordinance amending chapters X and XXI of the Plymouth City Code, regarding the keeping of bees
(Ord2023-09), Resolution approving findings of fact for a zoning ordinance text amendment to sections
21005, and 21170 of the zoning ordinance to amend and add keeping of bees (2023036) (Res2023-203),
and Resolution approving summary publication of Ordinance No. 2023-09 (Res2023-204).With
Councilmember Willis, McGregor, Davis, Peterson, Pointner, and Gregor voting yes and Mayor Wosje
voting no, the motion carried 6-1.
(8.2)Adopt ordinance amending chapter XXI of the city code, regarding accessory dwelling units
and resolution approving findings of fact for said ordinance
Planning and Development Manager McGuire presented this item and noted the proposed changes
would allow multiple types of accessory dwelling units. The current code language allows for caretakers
or family members to reside in accessory dwelling units.
The City Council discussed pros and cons to the proposed language change. The discussion yielded the
following ideas:
Proposed language would leave rental requirements but clarify intent in order to prevent
nuisance concerns
Intention is not to rent it out but to help with affordable housing, caretaking roles and familial
housing
Look at other communities with similar accessory dwelling unit regulations
Community and Economic Development Director Fernelius noted the enforcement is difficult and
changes to the current code would provide clearer definitions for caretaker and family members. He
added inspection of these units is currently every three years after the initial inspection. He stated he
will look at the application process more thoroughly and detail the application process to make it more
clear for the applicant and bring that information back to the City Council at the next meeting.
Planning and Development Manager McGuire noted resident feedback has been supportive and the new
language provides an element of affordable housing.
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Proposed Minutes Page 5 of 6 Regular Meeting of August 8, 2023
City Attorney Mattick stated the enforcement comes down to policy and limiting who can reside in the
accessory dwelling units. The council agreed a rental license would only be needed if the accessory
dwelling unit was rented out to someone other than a family member or caretaker.
Mayor Wosje directed staff to write an ordinance using all the ideas and opinions of the City Council and
bring it back to the next meeting.
(8.3)Authorize participation in the Minnesota GreenStep Cities program
Deputy Public Works Director/City Engineer LaBounty presented this item and defined this program as a
way to recognize best practices sponsored by the Minnesota Pollution Control Agency (MPCA).
In response to questions from the City Council, Deputy Public Works Director/City Engineer LaBounty
provided the following information:
Step 2 would entail completing eight of the best practice steps and summiting documents to the
MPCA
Outlined ways the city is currently engaged in these efforts across all departments
Workload would increase for current staff, possibly adding an additional staff later on and
dividing some work to the Environmental Quality Committee.
Requires the city to adopt formal plans and a sustainable purchasing policy with the
understanding it may require a financial request
Philip Adam, 14315 17th Avenue N., expressed his appreciation for putting the GreenSteps program on
the agenda and noted the energy efficient cost saving measures he takes.
Greg Laden, 15300 37th Avenue N., explained his background in climate science and recommended
joining this program as a way to show a symbolic commitment to energy efficiency.
Steve Japs, 4570 Weston Lane N., expressed his concern about climate change and thanked the City
Council for considering the GreenSteps program.
The council had a discussion on the pros and cons of entering into the GreenStep Cities program.
Motion was made by Councilmember Pointner, and seconded by Councilmember Gregor, to adopt
Resolution authorizing the City of Plymouth to participate in the Minnesota GreenStep Cities Program
(Res2023-205). With Councilmembers Davis, Willis, Peterson, Gregor, and Pointner voting yes and
Mayor Wosje and Councilmember McGregor voting no, the motion carried 5-2.
(8.4)Adopt resolutions authorizing reimbursement from tax-exempt bonds and interfund loans for
Chankahda Trail (Phase 3), County Road 73 area redevelopment and Plymouth City Center
Community and Economic Development Director Fernelius presented this item, described the two sets
of resolutions and stated the importance of timing for future public infrastructure.
Motion was made by Councilmember Willis, and seconded by Councilmember Peterson, to adopt
Resolution approving the terms of up to a $20,000,000 interfund loan in connection with a proposed tax
increment financing district (Prudential – Chankahda Trail Reconstruction – Phase III Project) (Res2023-
206), Resolution approving the terms of up to a $16,000,000 interfund loan in connection with a
9
Proposed Minutes Page 6 of 6 Regular Meeting of August 8, 2023
proposed tax increment financing district (City Center 2.0 Project) (Res2023-207), Resolution approving
the terms of up to a $7,500,000 interfund loan in connection with a proposed tax increment financing
district (County Road 73 Project) (Res2023-208), Resolution declaring official intent to reimburse the city
for expenditures made in connection with a certain project from the proceeds of tax-exempt bonds to
be issued in compliance with reimbursement bond regulations under the internal revenue code
(Res2023-209), Resolution declaring official intent to reimburse the city for expenditures made in
connection with a certain project from the proceeds of tax-exempt bonds to be issued in compliance
with reimbursement bond regulations under the internal revenue code (Res2023-210), resolution
declaring official intent to reimburse the city for expenditures made in connection with a certain project
from the proceeds of tax-exempt bonds to be issued in compliance with reimbursement bond
regulations under the internal revenue code (Res2023-211). With all members voting in favor, the
motion carried.
(8.5)Approve purchase of fire engine (Previously item No. 6.9)
Fire Chief Coppa explained the reason for the request. The council suggested tabling this item until the
August 22, 2023 meeting to allow Councilmembers to go over the information in more detail.
Motion was made by Councilmember Willis and seconded by Councilmember Davis, to table this item
until the August 22 meeting. With all members voting in favor, the motion carried.
(8.6)Designate landscape architect for The Meadows Playfield (PR240001) (Previously item No. 6.5)
Parks and Recreation Director Tomlinson presented this item. She reviewed the public’s comments,
researched properties in the city’s inventory and discussed the timeline of the proposed construction.
The resolution would allow the city to continue working with ISG as the landscape architect for this
project.
Motion was made by Councilmember Gregor, and seconded by Councilmember Peterson, to adopt
Resolution designating landscape architect for the Meadows Playfield (PR240001) (Res2023-212). With
all members voting in favor, the motion carried.
Reports and Staff Recommendations
There were not any reports.
Adjournment
Mayor Wosje adjourned the regular meeting at 10:01 p.m.
_________________________________________
Jodi Gallup, City Clerk/Administrative Coordinator
10
Regular City
Council
August 22, 2023
Agenda
Number:6.2
To:Dave Callister, City Manager
Prepared by:Tammy Geurkink, Finance Clerk
Reviewed by:Andrea Rich, Finance Director
Item:Approve disbursements
1.Action Requested:
Adopt resolution approving disbursements.
2.Background:
Attached are lists of city fund disbursements for the period ending 08/11/23.
3.Budget Impact:
N/A
4.Attachments:
Invoice Expense Distribution
City Council Resolution 2023-213
11
Invoice Expense Distribution for Period Ended 08/11/23 Council Meeting 08/22/23
FUND 100 General Fund 372,402.90
200 Recreation Fund 76,641.28
210 Parker's Lake Cemetery Maint 730.83
220 Transit System Fund 2,941.75
234 Economic Development Fund 0.00
240 Lawful Gambling 0.00
250 Comm Dev Block Grant Fund 59,980.90
254 HRA Section 8 Fund 1,952.62
254 HAP Check Summary 307,670.43
258 HRA General Fund 670.25
308 2005A TIF #1-1 0.00
310 2009A TIF #7-5A Refund 1998A 0.00
312 2010A GO Open Space 0.00
314 2012A GO Refunding 2004A 0.00
315 2015A GO Open Space 0.00
316 Plymouth Creek Center Bonds 0.00
400 General Capital Projects Fund 34,225.50
401 Minnesota State Aid Fund 0.00
404 Community Improvement 0.00
405 Park Replacement Fund 0.00
406 Street Reconstruction Fund 0.00
407 Project Administration Fund 0.00
408 Park Construction 0.00
409 Capital Improvement Fund 0.00
412 Water Sewer Replace 0.00
413 Improvement Project Construction 2,938,805.47
417 Project Warranty Repairs 0.00
418 Utility Trunk System Expansion 0.00
420 Water Sewer Construction 0.00
421 ENT-Water Resources Constrctn 0.00
422 TIF 7-4 PTP Construction 0.00
423 TIF 7-5 Rottlund (Const)0.00
424 TIF 7-6 Berkshire 0.00
425 TIF Housing Assistance Program 0.00
426 TIF 7-7 Stonecreek 0.00
427 TIF 1-1 Shops at Plymth Crk 0.00
428 TIF 1-2 Vicksburg Commons 3,865.97
429 TIF HRA 1-3 Crossroads Station 93,264.98
432 TIF 7-8 Quest 201,590.54
433 TIF 7-9 Four Seasons 630.00
434 TIF 7-10 Sands 0.00
435 Plymouth Creek Center Expansion 5,500.00
436 Doran Bassett Creek 0.00
437 CON - Fire Stations 0.00
500 Water Fund 124,767.26
510 Water Resources Fund 53,758.39
520 Sewer Fund 13,497.52
530 Solid Waste Management Fund 0.00
540 Ice Center Fund 48,837.92
550 Field House Fund 1,531.33
600 Central Equipment Fund 62,197.61
610 Public Facilities Fund 141,917.25
620 Information Technology Fund 88,689.20
630 Risk Management Fund 4,939.35
640 Employee Benefits Fund 37,141.57
660 Resource Planning 467.30
700 Parkers's Lake Cemetery 0.00
800 Investment Trust Fund 0.00
850 Plymouth Town Square 0.00
851 Vicksburg Crossing 0.00
Total Invoice Expense Distribution:4,678,618.12
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CITY OF PLYMOUTH
RESOLUTION NO. 2023-213
RESOLUTION APPROVING DISBURSEMENTS ENDING AUGUST 11, 2023
WHEREAS, a list of disbursements for the period ending August 11, 2023 was presented to the
City Council for approval.
NOW,THEREFORE,BEITHEREBYRESOLVEDBYTHECITYCOUNCILOFTHECITYOFPLYMOUTH,
MINNESOTAthat the payment of the list of disbursements of the following funds is approved.
US Bank – Check Register
General & Special Revenue $ 512,697.66
Construction & Debt Service $ 3,277,882.46
Enterprise & Internal Service $ 577,744.70
Housing Redevelopment $ 2,622.87
Check Register Total $ 4,370,947.69
US Bank – Housing Assistance Payments
Housing & Redevelopment Authority $ 307,670.43
$ 307,670.43
GRAND TOTAL FOR ALL FUNDS $ 4,678,618.12
Additionally, the US Bank Check Register amounts split by type of payment follow:
EFT 94,711.76
Check (#159265-159605)4,276,235.93
Total $4,370,947.69
APPROVED by the City Council on this 22th day of August, 2023.
13
Regular City
Council
August 22, 2023
Agenda
Number:6.3
To:Dave Callister, City Manager
Prepared by:Chris LaBounty, Deputy Public Works Director/City Engineer
Reviewed by:Michael Thompson, Public Works Director
Item:Designate engineer for the Plymouth Boulevard Rehabilitation
Project (ST240001)
1.Action Requested:
Adopt attached resolution designating an engineer for the Plymouth Boulevard Rehabilitation
Project (ST240001).
2.Background:
This project is included in the approved 2023-2032 Capital Improvement Plan (CIP) with construction
scheduled for 2024. The project includes rehabilitation of Plymouth Boulevard from Highway 55 to
Rockford Road (County Road 9) and will consist of intersection safety improvements (including
converting all stop intersections to roundabouts), replacement of the existing sidewalk on the east
side of the roadway to a multi-use trail, crossing safety improvements, and curb and utility
replacement as needed. The project will be set up to promote the City Center 2.0 vision and
implement some elements such as the safer crossing, new street lighting, and enhancements at the
Hilde Entrance and major intersections.
Staff recommends designating WSB & Associates (WSB) as the consulting engineer for final design
related services. WSB completed the traffic study, concept design, and assisted with community
engagement as the project was being developed. The proposal submitted by WSB showed a good
understanding of the project, includes a project team with the experience necessary to deliver the
project, and has demonstrated they can successfully complete projects within the city. The total
estimated final design engineering and bidding services fees proposed by WSB is $583,900. Staff
evaluated the cost and estimated hours included in the proposal and found it comparable to other
recently consultant-led projects. Therefore, staff recommends designating WSB & Associates as the
engineer for this project.
The current schedule for the project shows a construction timeline that can be completed in 2024
with final construction items being completed in 2025. A separate scope for the Plymouth Boulevard
Landscaping Project will be provided under a separate contract, rather than including with the main
contract, to allow for a more specialized contractor to complete the work with less disruption. The
anticipated timeframe for landscaping work is the spring and summer of 2025. A separate scope for
the City Hall Plaza design would be provided if council decides to proceed with the development of
this park.
3.Budget Impact:
14
This project is included in the approved 2023-2032 CIP with a total project cost estimated at $10
million. Funding for final design engineering and bidding services is proposed in the amount of
$583,900 from the Street Reconstruction Fund.
4.Attachments:
Location Map
Engineering Proposal
City Council Resolution 2023-214
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C:\Plots\City Center Area - Proposal Concept Design\Plymouth Boulevard Final Design Proposal.docx
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August 7, 2023
Mr. Chris LaBounty, PE
Deputy Public Works Director / City Engineer
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Re: Scope of Design and Engineering Services for Final Design of Plymouth Boulevard (from TH 55
to Rockford Road)
Dear Mr. LaBounty:
WSB is pleased to submit this scope of services for the development of the final design and plan production
related to the Plymouth Boulevard project.
Below is a summary of our proposed scope. Please feel free to review and provide feedback to us at your
earliest convenience.
CONSULTANT SERVICES
Task 1 - Project Management
1.1 – General Coordination
Project Management is an essential task to ensure the project remains on schedule and on budget. Andrew
Plowman will serve as the project manager on the project, and it will be his duty to perform a majority of
the tasks to make this project successful.
1.2 – Project Meetings
Andrew will facilitate project meetings to review progress, brainstorm ideas and coordinate with other
additional agencies. It is assumed there will be a kickoff meeting with the project management team
(PMT) and monthly PMT meetings. Andrew will be responsible for developing the meeting agendas and
minutes.
1.3 – Agency Coordination Meetings
WSB will coordinate meetings with agencies such as MnDOT, Hennepin County and Bassett Creek
Watershed District, amongst others. It is assumed there will be 15 agency meetings.
Task 2 – Traffic Analysis and Reports
2.1 – Traffic Counts
WSB will complete turning movement counts at the intersections of 34th (north and south), 35th, 36th and
37th Streets. The counts will be 13-hour counts and quantified into the peak A.M and P.M. counts to be
used for intersection analysis.
2.2 – Traffic Modeling
WSB will complete traffic modeling based upon traffic counts and forecasts. The analysis will be
completed comparing intersection alternatives and completed using accepted software such as VISSIM.
17
Mr. Chris LaBounty, PE
August 7, 2023
Page 2
C:\Plots\City Center Area - Proposal Concept Design\Plymouth Boulevard Final Design Proposal.docx
2.3 – Roundabout Justification Reports (RJRs)
WSB will complete four RJRs for the intersections that will be roundabout intersections. The RJRs will
include traffic analysis, modeling, narratives and roundabout performance checks.
Task 3 – Final Design and Plan Production
3.1 – Survey and Topographic Base Mapping
WSB will complete all the survey and mapping required for the project. The surveying and mapping will be
completed in Hennepin County coordinates. The WSB survey team will survey the Plymouth Boulevard
corridor and each road leading to Plymouth Boulevard, at a minimum, every fifty feet and survey grade
breaks, above ground features, marked utilities and any other features that will be important during the
design. Once the base mapping has been completed, Andrew and the design team will provide a quality
review by doing a walk through with the digital base map. This will ensure no topographic features are
missed.
3.2 – Utility Coordination
We will compile survey and utility information acquired from Gopher State One Call mapping, and
supplemental survey information to identify the location of all utilities in the project area. We will establish
a contact person for each utility company and track correspondence. With the information compiled, we
will develop an existing utility base map in CAD software.
WSB will facilitate three Utility Information and Design Meetings, send out concept materials, draft
agendas and complete meeting minutes. At the meeting, the utilities will be asked to ensure the locations
of the existing utilities, whether they have their own easement for the location of their utility or if they are
there by permit and the timing and complexity of possible relocations of their facilities. The design
meetings will identify conflicts, determine a schedule for relocations and document ordinance requirements
for relocations.
3.3 – Finalize Geometrics
WSB will finalize the geometrics developed during the concept design project, and tie into the existing
topographic survey. The geometrics will also be correlated with the work Confluence is doing related to
the streetscape and landscaping designs. WSB will develop a final geometric layout exhibit to convey the
project components.
3.4 – Vertical Design/Construction Limits
WSB will develop the alignments and vertical profile for two alignments along Plymouth Boulevard. With
the intent to limit the amount of reconstruction, the profiles will determine the areas of full depth
reclamation versus reconstruction. Construction limits will be based upon the vertical profiles and typical
sections. The cross sections created will identify the initial limits, and areas of influence such as utility or
storm sewer impacts. The construction limits will be used to identify tree removal areas and right of way
needs.
3.5 – Drainage Design
WSB is working on a regional pond project under a separate scope. WSB will complete the storm sewer
design along Plymouth Boulevard as part of this scope. This will include analyzing drainage areas, catch
basin spacing and pipe design. Ponding and treatment areas will be included outside of this contract. The
drainage design task will include all computations, developing the pipe network and pipe profiles that will
be used in the final design plan set.
3.6 – Lighting/Signing/Striping
WSB will design the lighting for the corridor at the roundabouts and the other key intersections. They will
place the lights based on photometric analysis based on the chosen lighting unit. The lighting design will
include determining conduit and wiring design and coordinating with Xcel regarding the source of power.
18
Mr. Chris LaBounty, PE
August 7, 2023
Page 3
C:\Plots\City Center Area - Proposal Concept Design\Plymouth Boulevard Final Design Proposal.docx
The signing and striping will be designed per MUTCD standards.
3.7 – Construction Staging and Traffic Control
It is assumed the project will be constructed in phases with an overall detour for thru traffic. WSB will
develop the concepts and determine the timing of each stage, paying particular attention to the many events
that occur within the corridor in the summer.
3.8 – City Utilities
It is assumed the sanitary sewer and watermain will mostly remain in place, however there will be some
adjustments. WSB will analyze and evaluate any revisions that need to be made to the existing city
utilities. WSB will include city utility sheets or include utility replacements and adjustments in the
construction plans.
3.9 – Landscape Design
It is assumed WSB will be provided with the master plan concept of the landscaping and amenities by
others. The planting plan is not part of this scope, and will be bid as a separate project. However, WSB
will include the hardscape items and underground items (i.e. conduit for irrigation to the medians,
foundations for decorative lights, median maintenance strip, decorative concrete patterning at Hilde/plazas,
and stairs/decorative walls by the Hilde entrance. WSB will specify and detail the planting medium within
the medians and temporary seeding, in preparation for the landscape planting plan (as part of a separate
proposal).
3.10 – Plan Production
WSB will create 60/90 and final plan sets for the project. They will be developed per City of Plymouth and
MnDOT State Aid standards. The plans will include all of the designs as previously discussed and all items
necessary for bidding of the project.
3.11 – Project Manual/Special Provisions
WSB will develop a project manual and special provisions based on City of Plymouth and MnDOT state
aid standards.
3.12 – Cost Estimates
WSB will develop cost estimate for the project at the key milestones of plan development.
Task 4 – Right of Way Acquisition
4.1 – Right of Way Base Mapping/Title Work
WSB will order title work for each parcel that is likely impacted by the construction limits. For parcels not
impacted or are City-owned, it will be assumed the GIS linework will suffice. It is assumed 5 parcels will
be impacted outside of the City owned parcels.
4.2 – Parcel Sketches and Legal Descriptions
WSB will develop parcel sketches and legal descriptions for up to 5 parcels. This will include the right of
way and/or temporary easement needed.
4.3 – Right of Way Negotiation
WSB’s right of way team will provide early coordination to property owners and explain the process. After
appraisals are completed, the WSB team will negotiate with property owners and make offers that the City
deems acceptable. The WSB team will chart progress and meet with each property owner up to 4 times.
This scope will not include condemnation services. This task will also include staking the proposed right
of way and easements.
19
Mr. Chris LaBounty, PE
August 7, 2023
Page 4
C:\Plots\City Center Area - Proposal Concept Design\Plymouth Boulevard Final Design Proposal.docx
4.4 – Appraisals
WSB will contract with an appraisal firm to set the values of the purchase to begin the negotiation process.
It is assumed up to 5 appraisals will be included with this scope.
Task 5 – Permitting/Plan Submittal/Bidding Assistance
5.1 – Permitting
WSB will identify and obtain all permits for the project. It is anticipated the following permits may be
necessary – NPDES, Bassett Creek Watershed, Minnesota Department of Health, MnDOT, Hennepin
County. It is assumed there will be no wetland impact and/or wetland permitting.
5.2 – State Aid Plan Submittal
WSB will compile a state aid plan review packet which will include the plan set, cost estimate, state aid
checklist, laboratory testing request and pavement report.
5.3 – Bidding Assistance
WSB will provide bidding assistance by answering questions and issuing addendums as necessary. In
addition, they will complete the bid tabulation and recommendation.
PROPOSED FEE
We understand this project cost is based on WSB’s 2023 Standard Rates. We propose to complete this
project for the below proposed fee below:
Total Project Fee: ............................................................................$583,900
I have attached a summary of our fees based upon the above scope of work. WSB will invoice the City of
Plymouth for the actual hours worked at each employee classification with the current WSB hourly rate up
to the Total Project Fee. No work in excess of the Total Project Fee will be completed without prior
written approval from the City of Plymouth.
This letter represents our understanding of the project scope. If you are in agreement, please sign on the
space provided and return one original signed copy to us for our records. We will add this scope to the
original contract for Plymouth Boulevard Concept Design.
Sincerely,
WSB
Andrew Plowman, P.E.
Senior Project Manager
ACCEPTED:
City of Plymouth
By: ______________________________________ _________
Date:
20
8/10/2023
Plymouth Boulevard Final Design
Task Description
Estimated Hours
Task Cost
Project
Manager
Design
Lead/Utility
Coordinator
Graduate
Engineer
CAD
Technician
Hydraulic
Design Lead
Hydraulic
Design
Support
Traffic
Engineer
Right of Way
Agent
Survey
Technician
Landscape
Architect
2-Person
Survey Crew Clerical Total
1 Project Management 268 $55,892
1.1 General Coordination 72 8 12 92 $19,552
1.2 Project Meetings 40 24 8 4 8 84 $16,692
1.3 Agency Coordination Meetings 48 12 16 16 92 $19,648
2 Traffic Analysis and Reports 244 $41,304
2.1 Traffic Counts 36 36 $6,300
2.2 Traffic Modeling 16 4 32 52 $8,408
2.3 Roundabout Justification Reports (4)12 24 8 36 64 12 156 $26,596
3 Final Design and Plan Preparation 1880 $341,686
3.1 Survey and Topographic Base Mapping 2 4 4 8 12 96 126 $27,814
3.2 Utility Coordination 12 64 24 8 40 148 $27,276
3.3 Finalize Geometrics 16 24 8 4 52 $9,448
3.4 Vertical Design/Construciton Limits 16 64 72 84 4 240 $39,276
3.5 Drainage Design 8 36 48 92 $18,372
3.6 Lighting/Signing/Striping 4 8 12 64 88 $15,540
3.7 Construction Staging/Traffic Control 12 64 64 36 176 $28,028
3.8 City Utilities 8 16 16 24 64 $10,792
3.9 Landscape Design 4 24 24 24 64 140 $27,900
3.10 Plan Production 64 124 136 96 8 84 36 72 620 $111,312
3.11 Project Manual/Special Provisions 40 16 16 16 30 118 $23,020
3.12 Cost Esimates 4 12 16 $2,908
4 Right of Way Acquisitiion 350 $112,178
4.1 Right of Way Base Mapping/Title Work 8 4 16 8 12 48 $9,000
4.2 Parcel Sketches and Legal Descriptions 2 8 4 12 24 50 $8,934
4.3 Right of Way Negotiations 4 164 12 64 8 252 $49,244
4.4 Appraisals $45,000
5 Right of Way Acquisitiion 120 $23,340
5.1 Permitting 8 12 8 4 32 $6,348
5.2 State Aid Plan Submittal 12 16 8 4 12 4 56 $10,320
5.3 Bidding Assistance 16 8 4 4 32 $6,672
SUBTOTAL 404 520 392 360 100 144 284 184 60 152 200 62 $574,400
Labor Rates $235 $164 $132 $174 $225 $185 $175 $184 $184 $245 $235 $110
Labor Subtotal $94,940 $85,280 $51,744 $62,640 $22,500 $26,640 $49,700 $33,856 $11,040 $37,240 $47,000 $6,820
Expenses
Title Work $6,000
Permit Fees $3,500
Total Expenses $9,500
TOTAL ESTIMATED COST OF SERVICES $583,900
21
CITY OF PLYMOUTH
RESOLUTION NO. 2023-214
RESOLUTION DESIGNATING CONSULTING ENGINEER FOR FINAL DESIGN ENGINEERING
FOR THE PLYMOUTH BOULEVARD REHABILITATION PROJECT (ST240001)
WHEREAS, the Plymouth Boulevard Rehabilitation Project is listed in the approved 2023-2032
Capital Improvement Plan; and
WHEREAS, the project includes rehabilitation of Plymouth Boulevard from Highway 55 to
Rockford Road (County Road 9); and
WHEREAS, a proposal was received by WSB & Associates, Inc. to provide final design and bidding
services for the project;
WHEREAS, WSB & Associates, Inc. has successfully delivered on the preliminary design of the
project; and
WHEREAS, staff recommends WSB & Associates, Inc. be designated as the consulting engineer
for this project.
NOW,THEREFORE,BEITHEREBYRESOLVEDBYTHECITYCOUNCILOFTHECITYOFPLYMOUTH,
MINNESOTAthat WSB & Associates, Inc. is designated as the city’s consulting engineer for said project in
the amount of $583,900.
BE IT FURTHER RESOLVED, that funding for these services shall be from the Street
Reconstruction Fund.
APPROVED by the City Council on this 22nd day of August, 2023.
22
Regular City
Council
August 22, 2023
Agenda
Number:6.4
To:Dave Callister, City Manager
Prepared by:Tony Miller, Engineering Project Manager
Reviewed by:Michael Thompson, Public Works Director
Item:Designate engineer for Frick's Garden Street Reconstruction
Project (ST259001)
1.Action Requested:
Adopt attached resolution designating engineer for the Frick's Garden Street Reconstruction Project
(ST259001).
2.Background:
This project is included in the proposed 2024-2033 Capital Improvement Plan (CIP) with construction
scheduled for 2025. Roadways included with the project are within the Frick's Garden neighborhood
and include 10th Avenue, 11th Avenue, 12th Avenue, 13th Avenue, Peony Lane, and Kimberly Lane.
Improvements with the project include full reconstruction of streets to an urban section with
concrete curb and gutter, replacement of the existing water main and services, and improvements
to other utilities. The streets in the neighborhood are currently rural roadways with minimal storm
sewer systems.
A Request for Proposal was solicited for engineering services to include surveying, feasibility report,
design engineering, bidding services, public outreach, private utility coordination, and permitting.
The proposal submitted by Bolton and Menk, Inc. showed a good understanding of the project. This
firm has a project team with the experience necessary to deliver the project and has successfully
completed previous projects in the city. The total estimated engineering fees proposed by Bolton
and Menk, Inc. are $363,974. Staff evaluated the cost and estimated hours included in the proposal
and found it comparable to other recently consultant led projects. Therefore, staff recommends
designating Bolton and Menk, Inc. as the engineer for this project.
3.Budget Impact:
This project is included in the proposed 2024-2033 CIP for construction in 2025 at an estimated cost
of $5,750,000. Funding will be through the Street Reconstruction Fund.
4.Attachments:
Location Map
Agreement for Engineering Services
City Council Resolution 2023-215
23
24
Queensland
Hardenbergh
Oakwood
Elementary
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.
Ü0 560 Feet
Frick's Garden Street
Reconstruction Project
ST259001
Location Map
County Road 6
13th Avenue
12th Avenue
11th Avenue
10th Avenue
Co
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t
y
R
o
a
d
1
0
1
8th Avenue
Pe
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L
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14th Avenue
25
196073v1 1
AGREEMENT FOR
ENGINEERING SERVICES
THIS AGREEMENT is made on the 22nd day of August 2023, between the CITY OF
PLYMOUTH, a Minnesota municipal corporation (“CITY”), and BOLTON & MENK, INC., a
Minnesota corporation (“ENGINEER”).
The CITY and the ENGINEER agree as follows:
1. Contract Documents. The ENGINEER agrees to provide engineering services to the
CITY in accordance with the following contract documents which are incorporated
herein by reference:
A. This Agreement for Engineering Services.
B. ENGINEER’s Proposal for Professional Services for Frick’s Garden Street
Reconstruction Project, submitted on August 15, 2023.
C. ENGINEER’s Current Hourly Fee Schedule.
In the event of conflict among the documents, the conflict shall be resolved in descending
order of priority, with the document listed first having the highest priority and the
document listed last having the lowest priority.
2. Compensation. ENGINEER shall be paid by the CITY on an hourly basis in accordance
with the hourly fee schedule but not to exceed $363,974.00 inclusive of reimbursable
expenses as reflected in the estimate of cost exhibit in the 2025 Street Reconstruction –
Frick’s Garden Proposal. The not to exceed fees shall not be adjusted if the estimated
hours to perform a task, the number of estimated required meetings or any other estimate
or assumption is exceeded.
3. Optional Services. Not applicable.
4. Method of Payment. ENGINEER may request progress payments as the work is
performed. The CITY will normally make payment within thirty-five (35) days of receipt
of a properly itemized bill.
5. Change Orders. All change orders, regardless of amount, must be approved in advance
and in writing by the CITY. No payment will be due or made for work done in advance
of such approval.
6. Standard of Care. ENGINEER shall exercise the same degree of care, skill, and
diligence in the performance of the services as is ordinarily possessed and exercised by a
professional engineer under similar circumstances. No other warranty, expressed or
implied, is included in this Agreement or in any drawing, specification, report, or opinion
26
196073v1 2
produced pursuant to this Agreement. ENGINEER shall be responsible for the accuracy
of the work and shall promptly make necessary revisions or corrections resulting from
errors and omissions on the part of ENGINEER without additional compensation.
7. Subcontractor. ENGINEER shall not enter into subcontracts for services provided
under this Agreement without the express written consent of the CITY, which consent
shall not be unreasonably withheld. The ENGINEER shall pay any subcontractor
involved in the performance of this Agreement within ten (10) days of the ENGINEER’S
receipt of payment by the CITY for undisputed services provided by the subcontractor. If
the ENGINEER fails within that time to pay the subcontractor any undisputed amount for
which the ENGINEER has received payment by the CITY, the ENGINEER shall pay
interest to the subcontractor on the unpaid amount at the rate of 1-1/2 percent per month
or any part of a month. The minimum monthly interest penalty payment for an unpaid
balance of $100 or more is $10. For an unpaid balance of less than $100, the
ENGINEER shall pay the actual interest penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from the
ENGINEER shall be awarded its costs and disbursements, including attorney’s fees,
incurred in bringing the action.
8. Independent Contractor. The CITY hereby retains the ENGINEER as an independent
contractor upon the terms and conditions set forth in this Agreement. The ENGINEER is
not an employee of the CITY and is free to contract with other entities as provided herein.
ENGINEER shall be responsible for selecting the means and methods of performing the
work. ENGINEER shall furnish any and all supplies, equipment, and incidentals necessary
for ENGINEER’S performance under this Agreement. CITY and ENGINEER agree that
ENGINEER shall not at any time or in any manner represent that ENGINEER or any of
ENGINEER’S agents or employees are in any manner agents or employees of the CITY.
ENGINEER shall be exclusively responsible under this Agreement for ENGINEER’S own
FICA payments, workers compensation payments, unemployment compensation payments,
withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes
are required to be paid by law or regulation.
9. Non-Discrimination. During the performance of this Agreement, the ENGINEER shall
not discriminate against any employee or applicants for employment because of race,
color, creed, religion, national origin, sex, sexual orientation, marital status, status with
regard to public assistance, disability, or age. The ENGINEER shall post, in places
available to employees and applicants for employment, notices setting forth the
provisions of this non-discrimination clause and stating that all qualified applicants will
receive consideration for employment. The ENGINEER shall incorporate the foregoing
requirements of this paragraph in all of its subcontracts for program work, and will
require all of its subcontractors for such work to incorporate such requirements in all
subcontracts for program work.
10. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party. Any Assignment in violation of this
provision is null and void.
27
196073v1 3
11. Indemnification. The ENGINEER shall indemnify and hold harmless the CITY, its
officials, agents, and employees, of and from any and all claims, demands, actions,
causes of action, including costs and attorney’s fees, arising out of or by reason of the
execution or performance of the work or services provided for herein, to the extent
caused by the negligent acts, errors or omissions, willful misconduct, or breach of any
substantive provision of this Agreement by the ENGINEER, its officials, agents or
employees in the execution, performance, or failure to adequately perform the
ENGINEER’S obligations pursuant to this Agreement.
12. Insurance.
A. General Liability. During the term of this Agreement, ENGINEER shall maintain
a general liability insurance policy with limits of at least $2,000,000 for each
person, and each occurrence, for both personal injury and property damage. This
policy shall name the CITY as an additional insured for the services provided
under this Agreement and shall provide that the ENGINEER’S coverage shall be
the primary coverage in the event of a loss.
B. Worker’s Compensation. The ENGINEER shall secure and maintain such
insurance as will protect ENGINEER from claims under the Worker’s
Compensation Act and from claims for bodily injury, death, or property damage
which may arise from the performance of ENGINEER’S services under this
Agreement.
C. Professional Liability Insurance. The ENGINEER shall secure and maintain a
professional liability insurance policy. Said policy shall insure payment of
damages for legal liability arising out of the performance of professional services
for the CITY, in the insured’s capacity as ENGINEER, if such legal liability is
caused by an error, omission, or negligent act of the insured or any person or
organization for whom the insured is legally liable. Said policy shall provide
minimum limits of $2,000,000 with a deductible maximum of $125,000. The
policy shall also insure the indemnification obligation contained in Paragraph 10
above.
D. Certificate of Insurance. A certificate of insurance on a form acceptable to the
CITY which verifies the existence of this insurance coverage must be provided to
the CITY before work under this Agreement is begun.
13. Records Access. The ENGINEER shall provide the CITY access to any books,
documents, papers, and records which are directly pertinent to the specific contract, for
the purpose of making audits, examinations, excerpts, and transcriptions, for three (3)
years after final payments and all other pending matters related to this Agreement are
closed.
28
196073v1 4
14. Minnesota Government Data Practices Act. ENGINEER must comply with the
Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to
(1) all data provided by the CITY pursuant to this Agreement, and (2) all data, created,
collected, received, stored, used, maintained, or disseminated by the ENGINEER pursuant
to this Agreement. ENGINEER is subject to all the provisions of the Minnesota
Government Data Practices Act, including but not limited to the civil remedies of Minnesota
Statutes Section 13.08, as if it were a government entity. In the event ENGINEER receives
a request to release data, ENGINEER must immediately notify CITY. CITY will give
ENGINEER instructions concerning the release of the data to the requesting party before the
data is released. The terms of this paragraph shall survive the cancellation or termination
of this Agreement.
15. Ownership of Documents. ENGINEER retains ownership and copyright in all plans,
diagrams, analyses, reports, and information (the “Instruments of Service”) generated in
connection with the performance of this Agreement. Upon full payment of amounts due
under this Agreement, ENGINEER shall provide an irrevocable non-exclusive license to
the City to use the Instruments of Service. The CITY may use the Instruments of
Service or related information for its purposes. Any modifications made by the CITY to
any of the ENGINEER’S Instruments of Service without written authorization or
adaptation by the ENGINEER will be at the CITY’S sole risk and without liability to the
ENGINEER. Under no circumstances shall transfer of Instruments of Service be deemed
a sale by ENGINEER.
16. Copyright/Patent. ENGINEER shall defend actions or claims charging infringement of
any copyright or patent by reason of the use or adoption of any designs, drawings or
specifications supplied by it, and it shall hold harmless the CITY from loss or damage
resulting therefrom.
17. Governing Law/Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota, without giving effect to the
principles of conflict of laws. All proceedings related to this contract shall be venued in
the Hennepin County District Court.
18. Permits. ENGINEER shall obtain all necessary permits required for completion of
ENGINEER’S services.
19. Entire Agreement. The entire agreement of the parties is contained herein. This
Agreement supersedes all oral agreements and negotiations between the parties relating to
the subject matter hereof as well as any previous agreements presently in effect between the
parties relating to the subject matter hereof. Any alterations, amendments, deletions, or
waivers of the provisions of this Agreement shall be valid only when expressed in writing
and duly signed by the parties, unless otherwise provided herein.
20. Termination. CITY may terminate this Agreement without cause by written notice
delivered to the ENGINEER. . Upon termination under this provision if there is no fault
of the ENGINEER, the ENGINEER shall be paid for services rendered and reimbursable
29
196073v1 5
expenses until the effective date of termination. If however, the CITY terminates the
Agreement because the ENGINEER has failed to perform in accordance with this
Agreement, no further payment shall be made to the ENGINEER, and the CITY may
retain another contractor to undertake or complete the work identified in the Contract
Documents. If as a result, the CITY incurs total costs for the work (including payments
to both the present contractor and a future contractor) which exceed the not to exceed
amount specified in the Contract Documents, if any, then the ENGINEER shall be
responsible for the difference between the cost actually incurred and the Agreement
amount.
21. Waiver of Claims for Personal Liability. It is intended by the parties to this Agreement
that ENGINEER’s services shall not subject ENGINEER’S employees, officers or
directors to any personal legal exposure for the risks associated with this Agreement.
Therefore, and notwithstanding anything to the contrary contained herein, the City agrees
that as the CITY’s sole and exclusive remedy, any claim, demand or suit shall be directed
and/or asserted only against ENGINEER, and not against any of ENGINEER’s individual
employees, officers or directors.
CITY OF PLYMOUTH BOLTON & MENK, INC.
By: By:
Jeffrey Wosje, Mayor Its:
By:
Dave Callister, City Manager
30
N:\Proposals\Plymouth\2025 Recon\Payne 08_02_23.docx
August 15, 2023
Mr. Mike Payne, P.E.
Asst. City Engineer
City of Plymouth
3400 Plymouth Boulevard
Plymouth MN 55447
Re: Proposal for Professional Engineering Services
2025 Street Reconstruction Project – Frick’s Garden
City of Plymouth, Minnesota
Mr. Payne:
Enclosed is our proposal for professional services for the 2025 Frick’s Garden Street Reconstruction Project. Our
proposed fee for this project is $363,974 for 2,309 proposed hours of labor by Bolton & Menk as well as work by
our subconsultant, Braun Intertec. These encompass all of Bolton & Menk’s efforts through the bidding of the
project, including design, public engagement, survey, and geotechnical engineering.
If you have any questions regarding this proposal or would like to discuss any of its details, please do not hesitate
to contact me at 612-221-6946 or mikewa@bolton-menk.com.
Sincerely,
Bolton & Menk, Inc.
Mike Waltman, P.E.
Principal Engineer
31
Submitted by Bolton & Menk, Inc. 2025 Frick’s Garden Street Reconstruction Project| City of Plymouth 1
2025 Frick’s Garden
Street Reconstruction Project
City of Plymouth
PROJECT UNDERSTANDING
Project Location & Proposed Scope:
The project involves reconstruction of the streets
and utilities within the Frick’s Garden Tracts 2nd &
3rd subdivisions. Streets within the project area
include 10th Ave N, 11th Ave N, 12th Ave N, 13th
Ave N, Kimberly Lane N, and Peony Lane N.
The scope of improvements generally includes:
o Bituminous pavement reconstruction
o Addition of concrete curb and gutter in
replacement of partial bituminous curbing
throughout the project area
o Storm sewer modifications to match the
street reconstruction improvements and
accommodate drainage needs of the area
o Stormwater management to meet MS4
requirements
o Replacement of existing 6” cast iron
watermain (1969 original installation)
with new 8” watermain and services
meeting City standards.
o Sanitary manhole casting adjustments and
ring replacements as necessary. The
existing 8” VCP sanitary sewer was lined
in 2015-2016 per City records, and
therefore sanitary sewer mainline
improvements nor service line
improvements are anticipated.
Project Funding Sources:
Special Assessments
Local Funding
Municipal State Aid Construction Funds are not
planned to be used.
PROJECT SCHEDULE
The project is planned for 2025 construction. Below is a
proposed schedule for the project, subject to review and
acceptance by City Staff.
32
Submitted by Bolton & Menk, Inc. 2025 Frick’s Garden Street Reconstruction Project| City of Plymouth 2
2025 Frick’s Garden
Street Reconstruction Project
City of Plymouth
PROPOSED SCOPE OF WORK
The City of Plymouth can expect our team to be fully committed to the success of this project. Our team has determined
the following tasks are key components of the project.
Task 1: Data Collection
Task 1.1: Topographic & Boundary Survey
Bolton & Menk, Inc. will complete a topographic survey of the existing conditions for the streets in the project area listed
above. The survey will be completed through the full right-of-way plus approximately 10 feet beyond the right-of-way on
each side as needed. Horizontal control will be established based on Hennepin County Coordinates NAD 83, 1986
Adjustment. Vertical Control will be established based City provided benchmarks.
The survey will include all visible features such as, but not limited to, pavements, curb lines, manholes, catch basins,
valves, sidewalks, turf areas, driveways, power poles, trees greater than 4” in diameter, gardens, mailboxes, retaining
walls, etc. All underground utility information will be located and described per available as-builts, field markings from a
Gopher One Call coordinated by Bolton & Menk, and private utility map information. Collection of pipe sizes and invert
elevations within structures will be completed by Bolton & Menk. We assumed structure conditions, including structure
rehabilitations, ring needs/improvements, and casting conditions/replacements will be evaluated by the City consistent
with past practice.
Bolton & Menk will complete research of two subdivision plats and order four O&E reports for the un-platted abstract
properties to obtain limits of current easements and property boundaries. Property corners throughout the project corridor
will also be located and used to establish property boundaries coupled with our property research efforts.
Bolton & Menk will draft the collected survey data to develop a Civil 3D base map of the project area, which will be used
as the basis for final design.
Task 1.2: Geotechnical Design & Coordination
Enclosed is a proposal by our proposed subconsultant, Braun Intertec. Braun will collect site data and recommendations
consistent with their proposal. Bolton & Menk staff will review and apply the geotechnical recommendations in the
project design, and coordinate with Braun during development of the project typical sections and construction
specifications as necessary.
Task 2: Feasibility Report
Bolton & Menk will prepare a feasibility report with information consistent with City of Plymouth standards and as
required by the MN 429 statute for special assessments. The feasibility report will be prepared based upon the content of
the 90% design. A preliminary assessment roll will be prepared based on the 90% design and estimated cost. The final roll
will be updated based on bids received and available for viewing at a public meeting held prior to adoption of the
assessment roll and prior to construction. The City may separately complete a special benefit appraisal report to
substantiate the proposed assessment amounts, which Bolton & Menk can use for comparison to policy based, calculated
assessment amounts.
Task 3: Public Engagement, Project Meetings, & Coordination
Task 3.1: Design Team Meetings & Meetings with City Staff
During the core design process, Bolton & Menk’s design team will routinely meet internally to develop a cohesive project
design. Four meetings with City Staff are also planned to occur at the following stages:
1. Kickoff meeting following collection of site topographic data and geotechnical data.
2. Design phase progress meeting at a time/date identified by Bolton & Menk to provide an update to City staff but
also timed to collect feedback and direction on specific items such as stormwater management.
33
Submitted by Bolton & Menk, Inc. 2025 Frick’s Garden Street Reconstruction Project | City of Plymouth 3
2025 Frick’s Garden
Street Reconstruction Project
City of Plymouth
3. 60% design meeting and consider direction prior to Public Information Meeting 1.
4. 90% design meeting
Task 3.2: Utility Coordination & Meetings
Bolton & Menk will facilitate the required utility coordination process including the following efforts:
1. Design phase utility coordination meeting 1 – Bolton & Menk will distribute the 60% project plans to utility
owners, the proposed 2025 timing of the construction project, and solicit feedback from utility owners on:
a. Verifying the existing location of their utilities as shown on the plans
b. Proposed replacements desired / planned by the utility owner within the project area
c. Plans for relocation based on conflicts identified to date with the proposed improvements
2. Design phase utility coordination meeting 2 – Bolton & Menk will distribute the 90% construction plans to utility
owners including the construction staging/phasing plan and communicate the following with utility owners:
a. Planned relocation deadlines for owners
b. Confirm relocation planned dates by the utility owner and proposed locations of the relocated utilities
Task 3.3: Design Phase Public Engagement
Bolton & Menk will lead the project’s public engagement effort to inform the public and allow opportunities for
questions/answers along the way.
Design Phase Project Notices & Mailings – Meeting & Special Assessments: Utilizing City templates or past
project examples, Bolton & Menk will develop the required notices for the 429 special assessment process and
distribute these notices on the prescribed timeline as required. During the design phase, a mailing will also be
distributed to property owners indicating the project is being initiated and welcoming any input on project scope,
and a second mailing inviting their attendance at the project informational meeting. An estimated $500 has been
included for estimated postage costs associated with this task.
One-on-One Resident Meetings: Bolton & Menk plans to attend an assumed three one-on-one resident meetings
in response to any property-specific questions or concerns that develop over the course of the design. Where
appropriate, that input will be incorporated into the construction plan content or requirements to be adhered to by
the contractor.
Neighborhood Meeting 1: At approximately 60% design – provide an overview of the project improvements and
generally what to expect during construction. ‘Boards’ illustrating the proposed improvements, a sign in sheet,
and comment cards will be produced by Bolton & Menk for this meeting.
Neighborhood Meeting 2: At approximately 90% design – A 2nd neighborhood meeting will be conducted at this
level of design to inform the public about the final design plans with particular focus on items of interest to the
public during the first neighborhood meeting. More detailed information, if available, will also be provided
regarding proposed construction staging/phasing for the project. Input received during and outside the
neighborhood meetings will be summarized in the project feasibility report.
Task 4: Final Design & Bidding
Task 4.1: 60% Plans & Estimate
Bolton & Menk will produce 60% construction plans and an accompanying project cost estimate for City review. The
60% plans will be completed to City of Plymouth standards and will include the following:
1. Title sheet, legend sheet, construction details, and typical sections
2. Existing conditions / removals plans
3. Construction plan and profiles sheets for all streets in the project area
4. Storm Water Pollution Prevention Plans (SWPPP)
5. Utility plan and profile sheets for areas of storm sewer installation
6. Utility plan and profile sheets for areas of watermain replacement which will also depict the existing sanitary
sewer mains to remain in place
34
Submitted by Bolton & Menk, Inc. 2025 Frick’s Garden Street Reconstruction Project | City of Plymouth 4
2025 Frick’s Garden
Street Reconstruction Project
City of Plymouth
7. Cross sections all streets in the project area, with frequencies of every 25’ and at every driveway location.
8. Spread calculations and storm sewer modeling will be completed for the storm sewer design. Preliminary layout
of stormwater management facilities and associated sizing will be completed for the 60% plan set.
Task 4.2: 90% Plans, Estimate, & Specifications
Our team will produce 90% construction plans and an accompanying project cost estimate for City review. The 90% plans
will be completed to City of Plymouth standards and will include all 60% plan sheets updated to a 90% level of
completion. A draft project manual will be produced in conjunction with the 90% plan set. The project plans will specify
temporary traffic control (TC) requirements to be met in general, but detailed TC plans will be required of the contractor.
Task 4.3: 100% Plans, Estimate, & Specifications
Following City 90% review, the plans will be updated based on city comments and Bolton & Menk QA/QC. A 100%
complete plan set will be prepared and readied for bidding by contractors.
Task 4.4: Permitting
Bolton and Menk will apply and pay required fees ($1,500 used for budgetary purpose) for the following permits which
are anticipated:
1. Minnehaha Creek Watershed - Erosion Control
2. MDH Permit for Public Watermain Construction
3. NPDES Permit
4. Work in Hennepin County ROW (CR 101)
Task 4.5: Bidding, Contractor Questions, & Revisions
We will place the bidding documents on QuestCDN and facilitate an online bid opening for the project. During the time
the project is being advertised, Bolton & Menk staff will field bidder questions, make revisions if necessary, and issue
necessary addenda prior to the opening of bids. Following the bid opening, we will compile the bids received in a
tabulation and abstract and make recommendation to the City regarding the bid award. Additionally, based upon the bids
received, we will update the assessment roll per unit prices provided in the lowest responsible bid.
Potential Future Services Not Included
Through development of the project, Bolton & Menk will work with the City to gauge potential future service needs for:
1. Easement acquisition services, such as survey work, appraisals, and professional acquisition services
2. Construction phase support, including construction administration, construction inspection, survey staking, and
construction phase plan modifications.
PROPOSED FEES
A detailed cost breakdown including hours is shown on the attached Detailed Cost Estimate. Our total proposed hourly
not-to-exceed fee for this project is $359,990.
Respectfully submitted by,
Bolton & Menk, Inc. 8/2/2023
Mike Waltman, P.E. Date
Principal Engineer
C: 612-221-6946
mikewa@bolton-menk.com
35
Submitted by Bolton & Menk, Inc. 2025 Frick’s Garden Street Reconstruction Project | City of Plymouth 5
2025 Frick’s Garden
Street Reconstruction Project
City of Plymouth
36
Queensland
Hardenbergh
Oakwood
Elementary
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.
Ü0 560 Feet
Frick's Garden Street
Reconstruction Project
ST259001
Location Map
County Road 6
13th Avenue
12th Avenue
11th Avenue
10th Avenue
Co
u
n
t
y
R
o
a
d
1
0
1
8th Avenue
Pe
o
n
y
L
a
n
e
14th Avenue
37
AA/EOE
Braun Intertec Corporation
11001 Hampshire Avenue S
Minneapolis, MN 55438
Phone: 952.995.2000
Fax: 952.995.2020
Web: braunintertec.com
July 19, 2023 Proposal QTB181607
Mike Waltman, PE
Bolton & Menk, Inc.
12224 Nicollet Ave
Burnsville, MN, 55337-1649
Re: Proposal for a Geotechnical Evaluation
City of Plymouth 2025 Frick’s Garden Street Reconstruction
10th Ave N and Peony Ln N
Plymouth, Minnesota
Dear Mr. Waltman:
Braun Intertec Corporation is pleased to submit this proposal to complete a geotechnical evaluation for
the City of Plymouth 2025 Frick’s Garden Street Reconstruction project.
Project Information
Per your email request, we understand the proposed project will include streets in the Frick’s Garden
area including 10th through 13th Avenues N between Peony Lane N and County Road 101, as well as
Peony Lane N between 10th and 13th Avenue N. Total length is about 1.1 miles.
Project work will likely include reconstruction to an urban street section with curb and gutter, storm
sewer and BMP installation, and watermain replacement.
Purpose
The purpose of our geotechnical evaluation will be to characterize subsurface geologic conditions at
selected exploration locations, evaluate their impact on the project, and provide geotechnical
recommendations for the design and construction of the City of Plymouth 2025 Frick’s Garden Street
Reconstruction project.
Scope of Services
We propose the following tasks to help achieve the stated purpose. If we encounter unfavorable or
unforeseen conditions during the completion of our tasks that lead us to recommend an expanded scope
of services, we will contact you to discuss the conditions before resuming our services.
Site Access
The site is accessible to a truck drill rig. We assume there will be no cause for delays in accessing the
exploration locations. We are not including tree clearing, debris or obstruction removal, grading of
navigable paths, or snow plowing.
38
Bolton & Menk, Inc.
Proposal QTB181607
July 19, 2023
Page 2
Depending on access requirements, ground conditions or potential utility conflicts, our field crew may
alter the exploration locations from those proposed to facilitate accessibility.
Our drilling activities may also impact the vegetation and may rut the surface to access boring locations.
Restoration of vegetation and turf is not part of our scope of services.
Staking
We will stake prospective subsurface exploration locations and obtain surface elevations at those
locations using GPS technology. For purposes of linking the GPS data to an appropriate reference, we
request that you provide CAD files indicating location/elevation references appropriate for this project,
or give us contact information for the consultant that might have such information.
Utility Clearance
Prior to drilling or excavating, we will contact Gopher State One Call and arrange for notification of the
appropriate utility vendors to mark and clear the exploration locations of public underground utilities.
You or your authorized representative are responsible to notify us before we begin our work of the
presence and location of any underground objects or private utilities that are not the responsibility of
public agencies.
Penetration Test Borings
We propose to drill eight (8) standard penetration test (SPT) borings for the project to 14 1/2 feet deep
each. The proposed locations are shown in Figure 1. We will perform standard penetration tests at
2 1/2-foot vertical intervals to boring termination.
Figure 1. Proposed Boring Locations
Groundwater Measurements
If the borings encounter groundwater during or immediately after drilling of each boring, we will record
the observed depth on the boring logs.
39
Bolton & Menk, Inc.
Proposal QTB181607
July 19, 2023
Page 3
MDH Notification and Sealing Record
Since our planned exploration will be less than 15 feet in depth, the Minnesota Statutes will not require
that we complete any notifications or sealing records. If we extend any of the borings to a depth of 15 feet
or greater, the Statutes requires that we seal the boreholes and complete a Sealing Record. If 25 feet or
greater, the Statutes also require us to complete a Sealing Notification Form. If the Record or Form are
required, we will contact you to discuss the additional fees and sealing requirements.
Borehole Abandonment
We will backfill our exploration locations immediately after completing the drilling at each location.
Minnesota Statutes require sealing temporary borings that are 15 feet deep or deeper.
We currently do not anticipate having to seal any of the boreholes.
Upon backfilling or sealing exploration locations, we will fill holes in pavements with a temporary patch.
Over time, subsidence of borehole backfill may occur, requiring releveling of surface grades or replacing
bituminous patches. We are not assuming responsibility for re-leveling or re-patching after we complete
our fieldwork.
Sample Review and Laboratory Testing
We will return recovered samples to our laboratory, where a geotechnical engineer will visually classify
and log them. To help classify the materials encountered and estimate the engineering properties
necessary to our analyses, we anticipate performing 10 moisture content tests and three (3) mechanical
analyses (through a #200 sieve only).
Engineering Analyses
We will use data obtained from the subsurface exploration and laboratory tests to evaluate the subsurface
profile and groundwater conditions and to perform engineering analyses related to utility and pavement
design and performance.
Report
We will prepare a report including:
▪ A CAD sketch showing the exploration locations.
▪ Logs of the borings describing the materials encountered and presenting the results of our
groundwater measurements and laboratory tests.
▪ A summary of the subsurface profile and groundwater conditions.
▪ Discussion identifying the subsurface conditions that will impact design and construction.
▪ Discussion regarding the reuse of on-site materials during construction.
40
Bolton & Menk, Inc.
Proposal QTB181607
July 19, 2023
Page 4
▪ Recommendations for preparing utility and pavement subgrades, and the selection,
placement, and compaction of fill.
▪ Recommendations for the design and construction of utilities and pavements.
We will submit an electronic copy of our report to you.
Schedule
We anticipate performing our work according to the following schedule.
▪ Drill rig mobilization – schedule for October 5.
▪ Field exploration – one day on site to complete the work
▪ Classification and laboratory testing – within 1 to 2 weeks after completion of field
exploration
▪ Preliminary results – within one week after completion of field exploration
▪ Draft report submittal – within about three weeks of the completion of field exploration
▪ Final report submittal – within one week of receiving comments on the draft report
If we cannot complete our proposed scope of services according to this schedule due to circumstances
beyond our control, we may need to revise this proposal prior to completing the remaining tasks.
Fees
We will furnish the services described in this proposal for a lump sum fee of $7,670.
Our work may extend over several invoicing periods. As such, we will submit partial progress invoices for
work we perform during each invoicing period.
General Remarks
We will be happy to meet with you to discuss our proposed scope of services further and clarify the
various scope components.
We appreciate the opportunity to present this proposal to you. Please sign and return a copy to us in its
entirety.
We based the proposed fee on the scope of services described and the assumptions that you will
authorize our services within 30 days and that others will not delay us beyond our proposed schedule.
41
Bolton & Menk, Inc.
Proposal QTB181607
July 19, 2023
Page 5
We will provide our services under the terms of the master agreement between Bolton & Menk, Inc. and
Braun Intertec.
To have questions answered or schedule a time to meet and discuss our approach to this project further,
please contact Neil Lund at 952.995.2284 (nlund@brauintertec.com).
Sincerely,
BRAUN INTERTEC CORPORATION
Brian J. Schreurs, PE
Account Manager, Senior Engineer
Neil G. Lund, PE
Technical Manager, Senior Engineer
The proposal is accepted, and you are authorized to proceed.
Authorizer’s Firm
Authorizer’s Signature
Authorizer’s Name (please print or type)
Authorizer’s Title
Date
42
CITY OF PLYMOUTH
RESOLUTION NO. 2023-215
RESOLUTION DESIGNATING CONSULTING ENGINEER FOR THE
FRICK’S GARDEN STREET RECONSTRUCTION PROJECT (ST259001)
WHEREAS, the Frick’s Garden Street Reconstruction Project is listed in the proposed 2024-2033
Capital Improvement Plan; and
WHEREAS, a request for proposal was sent to an engineering firm that has expertise to deliver
the project; and
WHEREAS, a proposal was received and evaluated by city staff; and
WHEREAS, staff recommends that Bolton & Menk, Inc. be designated as the consulting engineer
for this project.
NOW,THEREFORE,BEITHEREBYRESOLVEDBYTHECITYCOUNCILOFTHECITYOFPLYMOUTH,
MINNESOTAthat Bolton & Menk, Inc. is designated as the city’s consulting engineer for the Frick’s
Garden Street Reconstruction Project (ST259001) in the amount of $363,974.
BE IT FURTHER RESOLVED that the funding for this project shall be from the Street Reconstruction Fund
in the amount of $363,974.
APPROVED by the City Council on this 22nd day of August, 2023.
43
Regular City
Council
August 22, 2023
Agenda
Number:6.5
To:Dave Callister, City Manager
Prepared by:Chris McKenzie, Engineering Services Manager
Reviewed by:Michael Thompson, Public Works Director
Item:Accept streets for continual maintenance in Serenity on
Plymouth Creek (2014050) and Holly Lane in Timbers Edge
(2018044)
1.Action Requested:
Adopt attached resolution accepting streets in Serenity on Plymouth Creek (2014050) and Holly Lane
in Timbers Edge (2018044).
2.Background:
Staff received a request to accept streets in Serenity on Plymouth Creek and Holly Lane
improvements in the Timbers Edge development, which reflects completed work. Holly Lane
acceptance only pertains to Holly Lane improvements required from the Timbers Edge
development, and the 47th Avenue acceptance will occur at a future date.
Staff inspected the completed work and determined that it is acceptable. The city will retain funds
for the required one-year warranty period for the streets.
3.Budget Impact:
N/A
4.Attachments:
Location Map - Serenity on Plymouth Creek
Location Map - Holly Lane Timbers Edge
City Council Resolution 2023-216
City Council Resolution 2023-217
44
THIS REPRESENTS A COMPILATION OF INFORMATION AND DATA FROM CITY, COU NTY, STATE AND OTHER SOURCES THAT HAS NOT BEEN FIELD VERIFIED. INFORMATION SHOULD BE FIELD VERIFIED AND CO MPARED WITH ORINGIAL SOURCE DOCUMENTS.
.
0 100 20050Feet
FountainLaneNorth
4 2 n d Av e n u e N o r t h
Dunkirk Lane North
41st Avenue North
42nd Place North
Fountain Lane North
Comsto
ck
Lan
e No
rth
43rd Avenue North
Old Rockford Road
Location MapSerenity On Plymouth Creek2014050
August 2023
45
THIS REPRESENTS A COMPILATION OF INFORMATION AND DATA FROM CITY, COU NTY, STATE AND OTHER SOURCES THAT HAS NOT BEEN FIELD VERIFIED. INFORMATION SHOULD BE FIELD VERIFIED AND CO MPARED WITH ORINGIAL SOURCE DOCUMENTS.
.
0 200 400100Feet
49th Ave N
48th Pl N
4 8t h
A v e N
Holly Ln N
J
e
w
e
l
L
n
N
47thPl N
Merrimac Ln N
4 7th A v e N
J
e
w
e
l
L
n
N
M
e
r
r
i
m
a
c
L
n
N
Lawndale Ct N
Inland Ct N
46th Ave N
4 9t h A v e N
46th Ave N
46th Ave N
Kimberly Ct N
Garl
and
L
n
N
Schm id t L ake Rd
C P R a ilr o a d
Location MapTimbers Edge2018044
August 2023
46
CITY OF PLYMOUTH
RESOLUTION NO. 2023-216
RESOLUTION ACCEPTING STREETS FOR CONTINUAL MAINTENANCE FOR
SERENITY ON PLYMOUTH CREEK (2014050)
WHEREAS, in accordance with the development contract dated October 14, 2014, Plymouth
Holly Creek, LLC., the developer of Serenity on Plymouth Creek (2014050), has agreed to install certain
improvements for said development; and
WHEREAS, the developer has completed a portion of the street, utility and site grading as noted
below; and
WHEREAS, the developer has requested a reduction of the required financial guarantee to
reflect the completed work.
NOW,THEREFORE,BEITHEREBYRESOLVEDBYTHECITYCOUNCILOFTHECITYOFPLYMOUTH,
MINNESOTAthat the financial guarantee requirements are reduced as follows below and that the
required guarantee and Letter of Credit No. 1067 for the items be reduced from $113,223 to $44,252:
Item
Original
Amount
Previous
Amount New Amount
% of
Original
Amount
Street Construction $85,703 $73,000 $21,426 25%
Sanitary Sewer 32,248 0 $0 0%
Watermain 40,428 0 $0 0%
Storm Sewer System 29,536 0 $0 0%
Boulevard and Drainage Swale Sod 6,450 6,450 $0 0%
Retaining Walls 6,000 0 $0 0%
Pond Construction 6,000 3,000 $3,000 50%
Infiltration Depression 5,000 2,500 $2,500 50%
Street & Traffic Control Signs 660 0 $0 0%
Sidewalk Improvements 8,195 4,900 $2,049 25%
Street Lighting 3,750 0 $0 0%
Erosion Control 7,110 2,986 $0 0%
Site Grading & Drainage Imp.119,865 12,000 $12,000 10%
Setting Iron Monuments 2,500 0 $0 0%
Tree Preservation and Reforestation 18,625 0 $0 0%
Subtotal $372,070 $104,836 $40,975 11%
Design, Admin, Insp, As-Builts (8%)$29,766 $8,387 $3,278
Total $401,836 $113,223 $44,252 11%
47
Resolution 2023-216
Page 2
BEITFURTHERRESOLVEDthat the streets are accepted for continuous maintenance as of August
22, 2023, subject to the one-year guarantee by the developer.
APPROVED by the City Council on this 22nd day of August, 2023.
48
CITY OF PLYMOUTH
RESOLUTION NO. 2023-217
RESOLUTION ACCEPTING HOLLY LANE FOR CONTINUAL MAINTENANCE FOR
TIMBERS EDGE (2018044)
WHEREAS, in accordance with the development contract dated September 5, 2019, Timbers
Edge Development, LLC, the developer of Timbers Edge (2018044), has agreed to install certain
improvements for said development; and
WHEREAS, the developer has completed a portion of the street, utility and site grading as noted
below; and
WHEREAS, the developer has requested a reduction of the required financial guarantee to
reflect the completed work.
NOW,THEREFORE,BEITHEREBYRESOLVEDBYTHECITYCOUNCILOFTHECITYOFPLYMOUTH,
MINNESOTAthat the financial guarantee requirements are reduced as follows below and that the
required guarantee and Letter of Credit No. 9100378273 for the items be reduced from $707,006 to
$320,933:
Item
Original
Amount
Current
Amount
New
Amount
% of Original
Amount
Street Construction 193,900 116,340 116,340 60%
Holly Lane Reconstruction 146,200 146,200 36,550 25%
Sanitary Sewer System 156,100 39,025 0 0%
Watermain System 121,700 30,425 0 0%
Storm Sewer System 180,900 45,225 0 0%
Boulevard and Drainage Swale Sod 9,200 9,200 4,600 50%
Pond Construction 5,100 5,100 2,550 50%
Filtration Basin 4,600 4,600 4,600 100%
Street and Traffic Control Signs 4,200 0 0 0%
Wetland Buffer Posts & Signs 700 0 0 0%
Sidewalk Improvements 36,700 22,020 22,020 60%
Trail Improvements 14,500 14,500 14,500 100%
Landscaping 15,000 15,000 15,000 100%
Street Lighting 3,000 0 0 0%
Erosion Control 24,000 18,000 6,000 25%
Site Grading & Drainage Improvements 300,000 189,000 75,000 25%
Setting Iron Monuments 12,000 0 0 0%
Tree Preservation/Protection 78,500 0 0 0%
Subtotal $1,306,300 $654,635 $297,160 23%
Design, Admin, Insp, As-Builts (8%)$104,504 $52,371 $23,773
Total $1,410,804 $707,006 $320,933 23%
49
Resolution 2023-217
Page 2
BEITFURTHERRESOLVEDthat Holly Lane is accepted for continuous maintenance as of August
22, 2023, subject to the one-year guarantee by the developer.
APPROVED by the City Council on this 22nd day of August, 2023.
50
Regular City
Council
August 22, 2023
Agenda
Number:6.6
To:Dave Callister, City Manager
Prepared by:Mike Reed, Police Captain
Reviewed by:Erik Fadden, Public Safety Director
Item:Approve amendment to existing towing services
1.Action Requested:
Approval of amendment to existing agreement for towing services.
2.Background:
The City of Plymouth and Plymouth Automotive, Inc. entered into an agreement for towing services,
dated August 24, 2021. On August 1, 2023, the merger between Plymouth Automotive, Inc. and Twin
Cities Transport & Recovery, Inc. was successfully completed. The merged entity now operates
under the name Twin Cities Transport & Recovery, Inc.
With this merger, it is the desire of both parties to continue the existing agreement for towing
services, with necessary updates to reflect the change in the name and status of the contractor. This
update will ensure that the agreement accurately represents the current business arrangement
between the City of Plymouth and Twin Cities Transport & Recovery, Inc.
Both parties express their intent to continue the existing agreement for towing services, with all
terms, conditions, and obligations remaining in force as specified in the original agreement dated
August 24, 2021.
3.Budget Impact:
No budget impact.
4.Attachments:
Amendment to agreement
Towing contract 2021-24
City Council Resolution 2023-218
51
227561v1
FIRST AMENDMENT TO AGREEMENT FOR TOWING SERVICES
THIS FIRST AMENDMENT TO AGREEMENT FOR TOWING SERVICES (“First
Amendment”) is made this 1 day of August, 2023, by and between the CITY OF PLYMOUTH,a
Minnesota municipal corporation ("City") and TWIN CITIES TRANSPORT & RECOVERY,
INC., a Minnesota business corporation ("Contractor"), the successor to PLYMOUTH
AUTOMOTIVE, INC.
RECITALS
A.City and Plymouth Automotive, Inc. entered into an Agreement for Towing
Services, dated August 24, 2021(“Agreement”).
B.On August 1, 2023, a merger was completed whereby Plymouth Automotive, Inc.
and Twin Cities Transport & Recovery, Inc. merged into a single entity bearing the name Twin
Cities Transport & Recovery, Inc.
C.The parties desire to continue the Agreement with an update regarding the name and
status of Contractor consistent with the merger.
IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES
AGREE AS FOLLOWS:
1.Substitution.Twin Cities Transport & Recovery, Inc. shall be substituted for
Plymouth Automotive, Inc. in the Agreement and shall acquire all the rights and become
obligated to perform all the duties of Plymouth Automotive, Inc. that are hereby fully assigned
and delegated to Twin Cities Transport & Recovery, Inc. Twin Cities Transport & Recovery, Inc.
undertakes full performance of the Agreement in the place of Plymouth Automotive, Inc. and
makes a separate promise to faithfully and fully so perform.
2.Effect of Agreement. Except as specifically amended by this Amendment, the
Agreement shall remain in full force and effect.
[Remainder of page intentionally left blank. Signature page follows.]
52
227561v1
CITY OF PLYMOUTH
BY: _______________________________________
JeffryWosje, Mayor
AND
Dave Callister, City Manager
TWIN CITIES TRANSPORT AND
RECOVERY, INC.
BY:_____
Renee Gardas, TCTR
53
2021
AGREEMENT FOR TOWING SERVICES
THIS AGREEMENT, entered into this 24th day of August, 2021, between the City of
Plymouth, 3400 Plymouth Boulevard, Plymouth, Minnesota 55447 (City), and Plymouth
Automotive, Inc. (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 1310.11 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 and one half 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 Email 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
54
2
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 5:30 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 November 1, 2024 for the City of Plymouth impounded vehicles is:
TOWING RATES-POLICE IMPOUNDS
2021/22 2022/23 2023/24
Towing Impounded vehicles $ 55.00 $ 55.00 $ 55.00
Trailering impounded vehicles $ 55.00 $ 55.00 $ 55.00
Accidents $ 55.00 $ 55.00 $ 55.00
Lowboy and Tractor Service Included in Basic Charge
Dollies (Additional) Included in Basic Charge
Winching (Additional) Included in Basic Charge
On-scene additional labor charges Included in Basic Charge
Service Calls City Vehicles No Charge No Charge No Charge
Towing City Passenger Vehicles No Charge No Charge No Charge
STORAGE RATES-POLICE IMPOUNDS
2021/22 2022/23 2023/24
Two wheel motor vehicles, mopeds,$ 20.00 $ 20.00 $ 20.00
ATV's and snowmobiles
Automobiles and Light Trucks $ 30.00 $ 30.00 $ 30.00
Inside Storage $ 30.00 $ 30.00 $ 30.00
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.
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
55
3
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 169A.63 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. In the event of a fee
change prescribed by City Code, Section 1310.11, subdivision 5, the contractor may increase
the towing charge to reflect the change.
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 towing and impound records pertaining to 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
December 15, each year of all losses and profits from the sale or disposal of vehicles towed
pursuant to this agreement.
11. Liability. 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 a result of the fault of
56
4
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, certificate of
deposit, 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 As required by Federal/State Laws
Workers' Compensation Statutory
Employer's Liability $100,000/$500,000/$100,000
Automobile Liability $1,000,000 Bodily Injury/Property Damage
General Liability $1,000,000 Bodily Injury/Property Damage
Garage Liability $100,000 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 Commercial General and
Commercial 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 City of Plymouth shall be named as additional insured on the
aforementioned policies.
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.
57
5
17. Agreement Period. This agreement shall commence on November 1, 2021 and
terminate on November 1, 2024. 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, INC.CITY OF PLYMOUTH
BY _________________________BY ___________________________
Charles Hendricks, President Jeff Wosje, Mayor
BY ___________________________
Dave Callister, City Manager
DATE: ______________________DATE: ________________________
58
CITY OF PLYMOUTH
RESOLUTION NO. 2023-218
RESOLUTION APPROVING AMENDMENT TO EXISTING POLICE ORDERED TOWING AND IMPOUND
CONTRACT FOR 2021-2024
WHEREAS, the city’s current contract for towing and impoundment of vehicles is between the
City of Plymouth and Plymouth Automotive, Inc.; and
WHEREAS, on August 1, 2023 Plymouth Automotive Inc. merged with Twin Cities Transport &
Recovery, Inc.; and
WHEREAS, the merged entity now operates under the name Twin Cities Transport & Recovery
Inc.; and
WHEREAS, it is the desire of both parties to continue the existing agreement for towing services,
with necessary updates to reflect the change in the name and status of the contractor.
NOW,THEREFORE,BEITHEREBYRESOLVEDBYTHECITYCOUNCILOFTHECITYOFPLYMOUTH,
MINNESOTAthat the amended vehicle towing and impound contract with Twin Cities Transport &
Recovery Inc. for the period of November 1, 2021 through November 1, 2024 is approved and the Mayor
and City Manager are authorized to sign the contract amendment.
APPROVED by the City Council on this 22nd day of August, 2023.
59
Regular City
Council
August 22, 2023
Agenda
Number:6.7
To:Dave Callister, City Manager
Prepared by:Erik Fadden, Public Safety Director
Reviewed by:Erik Fadden, Public Safety Director
Item:Authorize agreement with the Minnesota Department of Public
Safety for DWI Officer Grant
1.Action Requested:
Adopt the attached resolution authorizing the execution of an agreement with the Minnesota
Department of Public Safety for a DWI officer grant.
2.Background:
The Police Department was awarded the DWI Officer Grant through the MN Department of Public
Safety, Office of Traffic Safety, for the upcoming fiscal year. This is the third year that the Police
Department has been awarded the grant. Due to the enforcement efforts made possible through
this grant, the city has seen a positive impact in curbing impaired driving in the City of Plymouth.
Law enforcement agencies from the top counties with the most impaired driving related injuries
and deaths are eligible to apply for this grant. The grant funds cover one full-time sworn officer
including fringe benefits. The DWI officer works a schedule that coincides with peak times when
impaired driving crashes occur based on statewide crash data.
3.Budget Impact:
The Police Department was awarded $129,682.86 for the upcoming fiscal year to cover the full cost of
wages and fringe benefits for one licensed police officer.
4.Attachments:
Agreement
City Council Resolution 2023-219
60
Grant Contract Agreement Page 1 of 2
DPS Grant Contract Agreement Non-State (rev. September 2022)
Minnesota Department of Public Safety (“State”)
Office of Traffic Safety
445 Minnesota Street, Suite 1620
Saint Paul, MN 55101
Grant Program: 2024 NHTSA: DWI / Traffic Safety
Officer
Grant Contract Agreement No.:
A-OFFICR24-2024-PLYMOUPD-033
Grantee:
Plymouth Police Department
3400 Plymouth Boulevard
Plymouth, MN 55447-1482
Grant Contract Agreement Term:
Effective Date: 10/01/2023
Expiration Date: 09/30/2024
Grantee’s Authorized Representative:
Karen Anderson, Administrative Manager
3400 Plymouth Boulevard
Plymouth, MN 55447-1482
(651)253-9089
kanderson@plymouthmn.gov
Grant Contract Agreement Amount:
Original Agreement $ 129,682.86
Matching Requirement $ 0.00
State’s Authorized Representative:
Duane Siedschlag, Impaired Driving Program
Coordinator
445 Minnesota Street, Suite 1620
Saint Paul, MN 55101
(651)221-7078
Duane.siedschlag@state.mn.us
Federal Funding: CFDA/ALN: 20.600 & 20.608
FAIN: 69A37523300004020MNO &
69A37523300001640MNA
State Funding: N/A
Special Conditions: None
Under Minn. Stat. § 299A.01, Subd 2 (4) the State is empowered to enter into this grant contract agreement.
Term: The creation and validity of this grant contract agreement conforms with Minn. Stat. § 16B.98 Subdivision
5. Effective date is the date shown above or the date the State obtains all required signatures under Minn. Stat. §
16B.98, Subdivision 7, whichever is later. Once this grant contract agreement is fully executed, the Grantee may
claim reimbursement for expenditures incurred pursuant to the Payment clause of this grant contract agreement.
Reimbursements will only be made for those expenditures made according to the terms of this grant contract
agreement. Expiration date is the date shown above or until all obligations have been satisfactorily fulfilled,
whichever occurs first.
The Grantee, who is not a state employee, will:
Perform and accomplish such purposes and activities as specified herein and in the Grantee’s approved 2024
NHTSA: DWI / Traffic Safety Officer Application [“Application”] which is incorporated by reference into this
grant contract agreement and on file with the State at 445 Minnesota Street, Suite 620, Saint Paul, MN 55101.
The Grantee shall also comply with all requirements referenced in the 2024 NHTSA: DWI / Traffic Safety Officer
Guidelines and Application which includes the Terms and Conditions and Grant Program Guidelines
(https://app.dps.mn.gov/EGrants), which are incorporated by reference into this grant contract agreement.
Budget Revisions: The breakdown of costs of the Grantee’s Budget is contained in Exhibit A, which is attached
and incorporated into this grant contract agreement. As stated in the Grantee’s Application and Grant Program
Guidelines, the Grantee will submit a written change request for any substitution of budget items or any deviation
and in accordance with the Grant Program Guidelines. Requests must be approved prior to any expenditure by
the Grantee.
Matching Requirements: (If applicable.) As stated in the Grantee’s Application, the Grantee certifies that the
matching requirement will be met by the Grantee.
61
Grant Contract Agreement Page 2 of 2
DPS Grant Contract Agreement Non-State (rev. September 2022)
Payment: As stated in the Grantee’s Application and Grant Program Guidance, the State will promptly pay the
Grantee after the Grantee presents an invoice for the services actually performed and the State's Authorized
Representative accepts the invoiced services and in accordance with the Grant Program Guidelines. Payment will
not be made if the Grantee has not satisfied reporting requirements.
Certification Regarding Lobbying: (If applicable.) Grantees receiving federal funds over $100,000.00 must
complete and return the Certification Regarding Lobbying form provided by the State to the Grantee.
1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY
Individual certifies that funds have been encumbered as
required by Minn. Stat. § 16A.15. Signed: _____________________________________________
(with delegated authority)
Signed: _____________________________________________ Title: ______________________________________________
Date: _______________________________________________ Date: ______________________________________________
Grant Contract Agreement No./ P.O. No. A-OFFICR24-2024-PLYMOUPD-033 / 3000089320
Project No.24-03-03
2. GRANTEE
The Grantee certifies that the appropriate person(s)
have executed the grant contract agreement on behalf of the Grantee
as required by applicable articles, bylaws, resolutions, or ordinances.
Signed: _____________________________________________
Print Name: __________________________________________
Title: _______________________________________________
Date: _______________________________________________
Signed: ______________________________________________
Print Name: __________________________________________
Title: ________________________________________________
Date: ________________________________________________
Signed: ______________________________________________
Print Name: __________________________________________
Distribution: DPS/FAS
Title: ________________________________________________ Grantee State’s Authorized Representative
Date: ________________________________________________
62
2024 DWI / Traffic Safety Officer Revised - EXHIBIT A
Organization: Plymouth Police Department A-OFFICR24-2024-PLYMOUPD-033
Budget Summary
Budget
Budget Category State Reimbursement Local Match
Salary
Administrator Salary $0.00 $0.00
DWI Officer Salary $129,682.86 $0.00
Total $129,682.86 $0.00
Operating Expenses
Operating Expenses $0.00 $0.00
Total $0.00 $0.00
Total $129,682.86 $0.00
Page 1 of 108/09/2023
63
CITY OF PLYMOUTH
RESOLUTION NO. 2023-219
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE DEPARTMENT OF
PUBLIC SAFETY, OFFICE OF TRAFFIC SAFETY FOR THE DWI OFFICER GRANT
WHEREAS, the City of Plymouth submitted an application to the Minnesota Department
of Public Safety, Office of Traffic Safety for a DWI Officer grant; and
WHEREAS, the City of Plymouth was awarded the DWI Officer grant agreement in the
amount of up to $129,682.86 for the period of October 1, 2023 through September 30, 2024; and
WHEREAS, the grants do not require a matching dollar amount by the financial agent; and
WHEREAS, the City Manager is hereby authorized to execute such agreements and
amendments as are necessary to implement the project on behalf of Plymouth Police Department
and to be the fiscal agent and administer the grant.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA that agreement with the Minnesota Department of Public Safety for the
DWI Officer grant is approved and the Mayor and Manager are authorized to execute the
agreement.
APPROVED by the City Council on this 22nd day of August, 2023.
64
Regular City
Council
August 22, 2023
Agenda
Number:6.8
To:Dave Callister, City Manager
Prepared by:Jodi Gallup, City Clerk/Administrative Coordinator
Reviewed by:Maria Solano, Deputy City Manager
Item:Approve temporary liquor license application of Wooden Hill
Brewing Company LLC at 171 Cheshire Lane, Suite 700 on
September 14
1.Action Requested:
Adopt attached resolution approving temporary liquor license application of Wooden Hill Brewing
Company LLC at 171 Cheshire Lane, Suite 700 on September 14.
2.Background:
Wooden Hill Brewing Company LLC has submitted a temporary liquor license application and
certificate of liquor liability insurance coverage to serve beer for a private event at 171 Cheshire
Lane, Suite 700. Staff has reviewed the application and required insurance and has found no reason
to deny the license.
3.Budget Impact:
The fee of $50 has been received.
4.Attachments:
City Council Resolution 2023-220
65
CITY OF PLYMOUTH
RESOLUTION NO. 2023-220
RESOLUTION APPROVING TEMPORARY LIQUOR
LICENSE APPLICATION OF WOODEN HILL BREWING COMPANY LLC
WHEREAS, the Wooden Hill Brewing Company LLC has submitted a temporary liquor license
application for a private event at 171 Cheshire Lane, Suite 700, on September 14; and
WHEREAS, the required fee and certificate of liquor liability insurance have been received.
NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that the temporary liquor license application for Wooden Hill Brewing Company LLC at 171
Cheshire Lane, Suite 700 on September 14 is approved.
APPROVED by the City Council on this 22nd day of August, 2023.
66
Regular City
Council
August 22, 2023
Agenda
Number:7.1
To:Dave Callister, City Manager
Prepared by:Natalie Dorcy, Office Support Representative
Reviewed by:Jodi Gallup, City Clerk/Administrative Coordinator
Item:Public Hearing on wine and on-sale 3.2 percent malt liquor
license applications of Asian Duck LLC d/b/a Asian Duck, 16605
County Road 24, Suite 205
1.Action Requested:
Adopt attached resolution approving wine and on-sale 3.2 percent malt liquor license applications
of Asian Duck LLC d/b/a Asian Duck, 16605 County Road 24, Suite 205.
2.Background:
Asian Duck LLC has applied for a wine and on-sale 3.2 percent malt liquor licenses for their current
restaurant at 16605 County Road 24, Suite 205. Asian Duck has been an established restaurant serving
Thai and other Asian food at this location since 2019. They previously held wine and on-sale 3.2
percent malt liquor licenses from June 1, 2020 to January 2, 2021 when they decided to discontinue
liquor sales due to Covid. The restaurant has a bar and indoor seating capacity of 139 where guests
can consume wine and beer.
The Police Department has conducted the criminal background investigation and has found no
reason to deny the license. The required notification was provided to property owners within 500
feet of the site per City Code 1201.25. Approval and issuance of licenses are contingent upon the city
receiving all license fees, completed applications and taxes being current.
3.Budget Impact:
City has received required license fees.
4.Attachments:
Location Map
Property Owners within 500'
Draft Resolution (withdrawn by applicant)
67
He nn epin Co u n ty L oc ate & N o tify Map
0 200 400100 Feet
Da te : 8/4 /2 02 3
Buffer Size:500Map Co mm e nts :
Th is d ata (i) is furn ish ed 'AS IS' with no represen ta tion as tocompleteness or accuracy; (ii) is fu rn ish ed with n o warra nty of anykind; an d (iii) is n ot suitable for le ga l, eng ineerin g or surve yingpurposes. Hennepin County shall not b e liab le for a ny da ma ge , in ju ryor loss resu lting from this dat a.
Fo r mo re inf ormation , co nta ct Hen ne pin Co un ty GI S Off ice300 6th S tree t So uth , Minn ea polis, MN 5 5487 / gis.in fo@h en ne pin.us
68
40 17-118-22 43 0003
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD
PLYMOUTH MN 55447
40 20-118-22 12 0003
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD
PLYMOUTH MN 55447
40 20-118-22 12 0006
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD
PLYMOUTH MN 55447
40 20-118-22 12 0007
WEST GLEN DEVELOPMENT I LLC
C/O TAMERA MICHELS
3600 HOLLY LANE N #100
PLYMOUTH MN 55447
40 20-118-22 12 0010
SUSO 4 PLYMOUTH LP
C/O SLATE ASSET MGMT L P
121 KING ST W STE 200
TORONTO ONTARIO M5H 3T9
40 20-118-22 12 0011
WEST GLEN DEVELOPMENT 1 LLC
3600 HOLLY LA N SUITE 100
PLYMOUTH MN 55447
40 20-118-22 13 0003
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD
PLYMOUTH MN 55447
40 20-118-22 13 0004
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD
PLYMOUTH MN 55447
40 20-118-22 13 0005
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD
PLYMOUTH MN 55447
40 20-118-22 21 0016
GORAN ZECEVIC
LJUBICA ZECEVIC
3410 HOLLY LA N
PLYMOUTH MN 55447
40 20-118-22 21 0018
KENDRALYNN SMITH
PO BOX A3879
CHICAGO IL 60690
40 20-118-22 21 0021
ROBBINS PROPERTIES III LLC
9950 ROCKFORD RD
PLYMOUTH MN 55442
40 20-118-22 21 0023
HSG & REDEVEL ATHY PLYMOUTH
3400 PLYMOUTH BLVD
PLYMOUTH MN 55447
40 20-118-22 21 0025
M P NORMAN LLC
PAMELA A MILLER
875 LAKE ST N 407
WAYZATA MN 55391
40 20-118-22 21 0026
SUSO 4 PLYMOUTH LP
C/O SLATE ASSET MGMT L P
121 KING ST W STE 200
TORONTO ONTARIO M5H 3T9
40 20-118-22 21 0027
MARVIN DEVELOPMENT III LLC
5425 BOONE AVE N
NEW HOPE MN 55428
40 20-118-22 24 0015
TIMOTHY & CATHERINE FISCHER
16700 33RD AVE N
PLYMOUTH MN 55447
40 20-118-22 24 0016
BENJAMIN J TRAPPEN
CASSANDRA A TRAPPEN
16710 33RD AVE N
PLYMOUTH MN 55447
40 20-118-22 24 0017
HOMEWARD BOUND INC
12805 HWY 55 #400
PLYMOUTH MN 55441
40 20-118-22 24 0018
KATRINA J BOCCHI
MICHAEL A BOCCHI
3310 FOUNTAIN LA N
PLYMOUTH MN 55447
40 20-118-22 24 0019
SHAWN FAIR & EMILY FAIR
3320 FOUNTAIN LA N
PLYMOUTH MN 55447
40 20-118-22 24 0020
JAMES & JANE KANE
3315 FOUNTAIN LANE
PLYMOUTH MN 55447
40 20-118-22 24 0048
JENNIFER A STEPHAN
3270 GARLAND LA N
PLYMOUTH MN 55447
40 20-118-22 24 0056
ADAM T FAGAN
MICHELLE M FAGAN
3285 GARLAND LA N
PLYMOUTH MN 55447
40 20-118-22 24 0060
JUSTIN M HOLMAN
ELIZABETH A HOLMAN
3295 GARLAND LA N
PLYMOUTH MN 55447
40 20-118-22 24 0063
NORMAN & KIM OKERSTROM
3300 GARLAND LA N
PLYMOUTH MN 55447
40 20-118-22 24 0064
GERALD & VICKIE RUEGEMER
3290 GARLAND LA N
PLYMOUTH MN 55447
40 20-118-22 24 0068
STEVEN J & LORI L HASKAMP
3320 GARLAND LA N
PLYMOUTH MN 55447
40 20-118-22 24 0069
ALI A SAIFLEH
LEYLA BILLE WARSAME
3310 GARLAND LA N
PLYMOUTH MN 55447
40 20-118-22 24 0070
BRIAN D & CYNTHIA L BOYD
3345 EVEREST CT N
PLYMOUTH MN 55447
69
40 20-118-22 24 0071
JED & ERICA LINDSTROM
3335 EVEREST CT N
PLYMOUTH MN 55447
40 20-118-22 24 0072
DAVID W SLAVIK
3325 EVEREST CT N
PLYMOUTH MN 55447
40 20-118-22 24 0073
JESSICA LAMPPA-SCORE
3330 EVEREST CT N
PLYMOUTH MN 55447
40 20-118-22 24 0074
PAUL R & MARILYN Y ANDERSON
3340 EVEREST CT N
PLYMOUTH MN 55447
40 20-118-22 24 0075
NATHAN D STARKS
NICOLE A NELSON
3325 DUNKIRK LA N
PLYMOUTH MN 55447
40 20-118-22 24 0076
V KOLOMIYETS & O KOLOMIYETS
3315 DUNKIRK LA N
PLYMOUTH MN 55447
40 20-118-22 24 0079
HRA CITY OF PLYMOUTH
3400 PLYMOUTH BLVD
PLYMOUTH MN 55447
40 20-118-22 24 0080
KIM A & NORMA J REAUME
3305 GARLAND LA N
PLYMOUTH MN 55447
40 20-118-22 24 0081
JASON L HEDLUND
17005 CO RD NO 24
PLYMOUTH MN 55447
40 20-118-22 24 0084
HSG & REDEVEL ATHY PLYMOUTH
3400 PLYMOUTH BLVD
PLYMOUTH MN 55447
70
CITY OF PLYMOUTH
RESOLUTION NO. 2023-
RESOLUTION APPROVING WINE AND ON-SALE 3.2 PERCENT MALT LIQUOR
LICENSE APPLICATIONS OF ASIAN DUCK LLC D/B/A ASIAN DUCK,
16605 COUNTY ROAD 24, SUITE 205
WHEREAS, Asian Duck LLC d/b/a Asian Duck, 16605 County Road 24, Suite 205, has submitted
applications for wine and on-sale 3.2 percent malt liquor for a restaurant located at 16605 County Road
24, Suite 205; and
WHEREAS, the Police Department has conducted a background investigation and has found no
reason to deny the application.
NOW,THEREFORE,BEITHEREBYRESOLVEDBYTHECITYCOUNCILOFTHECITYOFPLYMOUTH,
MINNESOTAthat the wine and on-sale 3.2 percent malt liquor license applications of Asian Duck LLC
d/b/a Asian Duck, 16605 County Road 24, Suite 205, are approved for a license period that will expire
January 31, 2024.
BE IT FURTHER RESOLVED that approval is contingent upon the city receiving all documentation
as required in the liquor license application.
APPROVED by the City Council on this 22nd day of August, 2023.
71
Regular City
Council
August 22, 2023
Agenda
Number:8.1
To:Dave Callister, City Manager
Prepared by:Michael Thompson, Public Works Director
Reviewed by:Michael Thompson, Public Works Director
Item:Approval of a joint powers agreement providing potable water
service to the City of Medicine Lake
1.Action Requested:
Adopt resolution approving a joint powers agreement providing potable water service to the City of
Medicine Lake.
2.Background:
The Plymouth City Council held a joint session with the Medicine Lake City Council on February 8,
2022, to discuss a partnership and subsequently approved a Joint Powers Agreement (JPA) in April of
2022. The JPA includes minor revisions to reflect the updated construction timeline of Medicine
Lake's infrastructure project for which the city received funding through the bonding bill in the 2023
legislative session. Staff from both cities have met to refine the JPA which has been reviewed and
approved by legal counsel for both cities.
The City of Medicine Lake plans to rebuild its street infrastructure and has requested to connect into
Plymouth's potable water system to serve its residents. The residents are currently on well systems
and Medicine Lake wants to extend watermain in conjunction with street improvements now slated
for construction in 2024.
It should be noted that the agreement also includes the extension of water and rebuilding 15th
Avenue within Plymouth city limits, and Plymouth would reimburse Medicine Lake through this
agreement upon work completion as stated in item (f) under the section titled Payment For
Services.
The mayor of Medicine Lake, Chris Heim, plans to address the council about the continued
partnership amongst both cities.
3.Budget Impact:
The terms of the JPA ensure the City of Plymouth would be made whole for providing this
enterprise utility service to the City of Medicine Lake. The City of Medicine Lake would pay for all
costs associated with the design, construction, and oversight of the watermain extension. The City
of Plymouth will reimburse the City of Medicine Lake for design and construction of the water
extension and road work on 15th Avenue (within Plymouth city limits) as outlined in the JPA.
72
4.Attachments:
Potable Water JPA - Redline Version
Potable Water JPA - Clean Version
City Council Resolution 2023-221
73
JOINT POWERS AGREEMENT
BETWEEN
THE CITY OF PLYMOUTH
AND
THE CITY OF MEDICINE LAKE
This Agreement (“Agreement”) is entered into this _____ day of _____________, 2022 2023 (“Effective
Date”) by and between the CITY OF PLYMOUTH, a Minnesota municipal corporation (“Plymouth”)
and the CITY OF MEDICINE LAKE, a Minnesota municipal corporation (“Medicine Lake”)
hereinafter referred to individually as a “City” and together as the “Cities.”
RECITALS
WHEREAS, Minnesota Statutes § 471.59 authorizes two or more governmental units to enter
into agreements to jointly or cooperatively exercise any power common to the contracting cities; and
WHEREAS, the City of Plymouth employs designated staff for water production and
distribution; and
WHEREAS, Medicine Lake desires to have Plymouth provide potable water service to Medicine
Lake.
NOW, THEREFORE, Plymouth and Medicine Lake agree as follows:
1. POTABLE WATER SERVICES. Plymouth will provide potable water service to the
City of Medicine Lake as an extension of the City of Plymouth’s water system. The City of Plymouth
shall own and operate said water system within the limits of the City of Medicine Lake, and the City of
Medicine Lake shall adopt all of Plymouth’s current potable water codes and ordinances as well as future
amendments. The City of Plymouth will be responsible for the annual Minnesota Department of Health
Consumer Confidence Reports for water quality and reporting of such for the water system serving
Medicine Lake in accordance with all rules and regulations. The City of Plymouth will be responsible for
making repairs to the watermain system including the main, fittings, hydrants, gate valves, curb stop
boxes, and water services from the main to the curb stop box. The City of Medicine Lake or property
owners are responsible for the private service pipes beyond the curb stop box. All repairs to the system
will be made using the standard practices of the City of Plymouth. The City of Plymouth will notify
residents of emergency water shutoffs. The City of Plymouth in coordination with the City of Medicine
Lake is responsible for notifying residents of schedule for hydrant flushing and any planned shutoffs. The
City of Plymouth reserves the right to contract water repairs to private utility contractors at their
discretion. The City of Plymouth and their contractors working on the water system, inspecting the
system (which could include flushing leak detection, televising, etc.), or managing the system do not need
a right-of-way permit or permission from the City of Medicine Lake to enter the City Limits to perform
related work. The City of Plymouth is not responsible for degradation of other Medicine Lake assets, such
as roadways, as a result of repairing the water system per standard Plymouth maintenance practices,
however the City of Plymouth shall restore the roadway or affected asset as part of a water repair similar
to how it repairs its own roadways or affected assets. Any additional work beyond standard practice, such
as restoration with anything other than seed, patching the roadway/driveways beyond the limits of the
excavation necessary for the repair, will be the responsibility of Medicine Lake. The City of Plymouth
and City of Medicine Lake agree to work in good faith to plan scheduled asset replacements and/or
roadway reconstructions together when practical and provide two-year minimum notice for major
construction improvements.
2. EMPLOYEE STATUS. Plymouth employees working to provide potable water service
to Medicine Lake shall remain employees of Plymouth and shall not be deemed employees of Medicine
74
Lake for any purpose. Plymouth shall maintain all required workers’ compensation insurance on such
employees.
3. INDEMNIFICATION. Each City shall be liable for its own acts and the results thereof
to the extent provided by law and each City agrees to defend, indemnify and hold harmless the other
(including its officials, employees, volunteers and agents), from any liability , claims, causes of action,
judgments, damages, losses costs or expenses, including reasonable attorney’s fees, resulting directly or
indirectly from any act or omission of the other City, anyone directly or indirectly employed by the other
City, and/or anyone for whose acts and/or omissions the other City may be liable, in the performance or
failure to perform its obligations under this Agreement. Each City’s liability shall be governed by the
provisions of Minnesota Statutes, Chapter 466 and other applicable law. The Cities agree that liability
under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1a and that the total liability
for the Cities shall not exceed the limits on governmental liability for a single unit of government as
specified in 466.04, subdivision 1(a).
a. To the fullest extent permitted by law, action by the Parties to this Agreement is
intended to be and shall be construed as a “cooperative activity” and it is the intent of the Parties
that they shall be a deemed a “single governmental unit” for the purposes of liability, as set forth
in Minnesota Statutes, section 471.59, subdivision 1a(a), provided further that for purposes of that
statute, each Party to this Agreement expressly declines responsibility for the acts or omissions of
the other Party to this Agreement except to the extent they have agreed in writing to be responsible
for the acts or omissions of the other Party. The total liability for the Parties shall not be added
together to exceed the limits on governmental liability for a single governmental unit.
b. Duty to Notify. Each City shall promptly notify the other of any claim, action, cause of
action or litigation brought against that City, its employees, officers, agents, or subcontractors, which
arises out of the services contained in this Agreement and should also notify the other City whenever any
City has a reasonable basis for believing that the City, and/or its employees, officers, agents or
subcontractors, and/or the other City might become the subject of a claim, action, cause of action or
litigation arising out of the services contained in the Agreement. The parties agree this indemnity
obligation shall survive the completion or termination of this Agreement.
4. PAYMENT FOR SERVICES. Medicine Lake shall be responsible for the following
charges:
a. All engineering, design, and construction, and construction oversight/inspection of the
new water system extended into Medicine Lake.
b. Medicine Lake shall pay Plymouth an annual fee of $21,600 23,400.00 starting January
1, 20232025, to cover annual maintenance operations and a 4% inflator annually
thereafter. As homes connect this fee will be reduced proportionately (based on a total of
136 curb stops available for connection) and furthermore, the fee will be eliminated upon
75% of the 136 curb stops being connected to the water system.
c. A water area charge (“WAC”) in the amount of $471,292.50$510,000.00 is owed to
Plymouth based on 95.5 acres of serviceable area within Medicine Lake. Of this amount,
25% shall be due on January 1, 20232025, with the remaining 75% collected with each
individual water hookup permit as homes connect to the water system (approximately
$2,599 $2,813.00 per property based on current rates, assuming 136 total curb stop
connections). Effective January 1, 20242026, the outstanding balance of the WAC
charge shall increase at an annual rate consistent and the same as Plymouth’s annual rate
adjustment for the WAC charge set by the Plymouth City Council. Homes connecting to
the water system will pay a proportionate share of the then outstanding WAC balance
75
based on a calculation of taking the outstanding WAC balance and dividing by the
number of homes that are still unconnected.and annually thereafter the $2,813 WAC
charge per hookup will be adjusted consistent with the annual rate increases set by the
Plymouth City Council. As an example, the WAC specific charge at time of connection is
as follows:
i. 2025 or before = $2,813.00 (this amount is set)
ii. 2026 = $2,925.00 (assumes a 4% Council adjustment and is subject to change)
iii. 2027 = $3,040.00 (assumes a 4% Council adjustment and is subject to change)
c.iv. Etc...
d. All other permit fees and building permit costs required as part of the water service
connection will be paid by Medicine Lake homeowners upon time of connection when
permitted through the City of Plymouth at the Council set rates for that year. This
includes but is not limited to the Residential Equivalent Connection Charge (WREC),
Water Connection Permit, Plumbing Permit, and Meter Fee.
e. A capital depreciation charge of double the then-current annual maintenance operation
fee will be levied annually after 10 years if 75% of the 136 available curb stops are not
connected to the water system. The capital depreciation charge shall terminate at such
time as seventy-five (75%) of the 136 curb stops connect to the water system.
f. Plymouth shall reimburse the City of Medicine Lake for design and construction of the
potable water extension and road work associated with 15th Avenue within the limits of
the City of Plymouth. Plymouth shall have the opportunity to review and approve all
costs associated with the design and construction of the improvements associated with
15th Avenue.
5. TERM. This Agreement is for a period of fifteen thirty (1530) years (the “Initial Term”)
from the Effective Date, except that the Agreement shall automatically renew for successive one (1) year
terms (each a “Renewal Term”) unless either party provides written notice of termination of the
Agreement not less than one hundred eighty (180) days before the end of the Initial Term or the end of
any Renewal Term.
6. MINNESOTA GOVERNMENT DATA PRACTICES ACT (Minn. Stat.Chap.13 and
related statutes). All data collected, created, received, maintained, or disseminated, in any form, for any
purposes because of the Agreement is governed by the Minnesota Government Data Practices Act
(Minn.Stat.Chap.13 and related statutes), as amended, the Minnesota Rules implementing such Act, as
amended, as well as Federal Regulations on data privacy. The person responsible for release of all data
under this Agreement shall be identified by each party.
7. ENTIRE AGREEMENT. This Agreement supersedes any prior or contemporaneous
representations or agreements, whether written or oral, between the parties and contains the entire
agreement of the parties related to street sweeping servicespotable water services. The JPAs related to
such entered into between the two parties in July 2011 and April 2022 is are hereby terminated.
8. AMENDMENTS. Any modification or amendment to this Agreement shall require a
written agreement signed by all parties.
9. NOTICE. Any notice, statement or other written documents required to be given under
this Agreement shall be considered served and received if delivered personally to the other party, or if
deposited in the U.S. First Class mail, postage prepaid, as follows:
Formatted
Formatted
76
a. Notice to: City of Plymouth
City Manager
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
b. Notice to: City of Medicine Lake
City Clerk
10609 South Shore Drive
Medicine Lake, Minnesota 55441
77
CITY OF PLYMOUTH
By:
Jeffry Wosje, Mayor
And:
David Callister, City Manager
78
CITY OF MEDICINE LAKE
By:
Scott MarksChris Heim, Its Mayor
And:
Therese Polum, Its City Clerk
79
JOINT POWERS AGREEMENT
BETWEEN
THE CITY OF PLYMOUTH
AND
THE CITY OF MEDICINE LAKE
This Agreement (“Agreement”) is entered into this _____ day of _____________, 2023 (“Effective
Date”) by and between the CITY OF PLYMOUTH, a Minnesota municipal corporation (“Plymouth”)
and the CITY OF MEDICINE LAKE, a Minnesota municipal corporation (“Medicine Lake”)
hereinafter referred to individually as a “City” and together as the “Cities.”
RECITALS
WHEREAS, Minnesota Statutes § 471.59 authorizes two or more governmental units to enter
into agreements to jointly or cooperatively exercise any power common to the contracting cities; and
WHEREAS, the City of Plymouth employs designated staff for water production and
distribution; and
WHEREAS, Medicine Lake desires to have Plymouth provide potable water service to Medicine
Lake.
NOW, THEREFORE, Plymouth and Medicine Lake agree as follows:
1. POTABLE WATER SERVICES. Plymouth will provide potable water service to the
City of Medicine Lake as an extension of the City of Plymouth’s water system. The City of Plymouth
shall own and operate said water system within the limits of the City of Medicine Lake, and the City of
Medicine Lake shall adopt all of Plymouth’s current potable water codes and ordinances as well as future
amendments. The City of Plymouth will be responsible for the annual Minnesota Department of Health
Consumer Confidence Reports for water quality and reporting of such for the water system serving
Medicine Lake in accordance with all rules and regulations. The City of Plymouth will be responsible for
making repairs to the watermain system including the main, fittings, hydrants, gate valves, curb stop
boxes, and water services from the main to the curb stop box. The City of Medicine Lake or property
owners are responsible for the private service pipes beyond the curb stop box. All repairs to the system
will be made using the standard practices of the City of Plymouth. The City of Plymouth will notify
residents of emergency water shutoffs. The City of Plymouth in coordination with the City of Medicine
Lake is responsible for notifying residents of schedule for hydrant flushing and any planned shutoffs. The
City of Plymouth reserves the right to contract water repairs to private utility contractors at their
discretion. The City of Plymouth and their contractors working on the water system, inspecting the
system (which could include flushing leak detection, televising, etc.), or managing the system do not need
a right-of-way permit or permission from the City of Medicine Lake to enter the City Limits to perform
related work. The City of Plymouth is not responsible for degradation of other Medicine Lake assets, such
as roadways, as a result of repairing the water system per standard Plymouth maintenance practices,
however the City of Plymouth shall restore the roadway or affected asset as part of a water repair similar
to how it repairs its own roadways or affected assets. Any additional work beyond standard practice, such
as restoration with anything other than seed, patching the roadway/driveways beyond the limits of the
excavation necessary for the repair, will be the responsibility of Medicine Lake. The City of Plymouth
and City of Medicine Lake agree to work in good faith to plan scheduled asset replacements and/or
roadway reconstructions together when practical and provide two-year minimum notice for major
construction improvements.
2. EMPLOYEE STATUS. Plymouth employees working to provide potable water service
to Medicine Lake shall remain employees of Plymouth and shall not be deemed employees of Medicine
80
Lake for any purpose. Plymouth shall maintain all required workers’ compensation insurance on such
employees.
3. INDEMNIFICATION. Each City shall be liable for its own acts and the results thereof
to the extent provided by law and each City agrees to defend, indemnify and hold harmless the other
(including its officials, employees, volunteers and agents), from any liability , claims, causes of action,
judgments, damages, losses costs or expenses, including reasonable attorney’s fees, resulting directly or
indirectly from any act or omission of the other City, anyone directly or indirectly employed by the other
City, and/or anyone for whose acts and/or omissions the other City may be liable, in the performance or
failure to perform its obligations under this Agreement. Each City’s liability shall be governed by the
provisions of Minnesota Statutes, Chapter 466 and other applicable law. The Cities agree that liability
under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1a and that the total liability
for the Cities shall not exceed the limits on governmental liability for a single unit of government as
specified in 466.04, subdivision 1(a).
a. To the fullest extent permitted by law, action by the Parties to this Agreement is
intended to be and shall be construed as a “cooperative activity” and it is the intent of the Parties
that they shall be a deemed a “single governmental unit” for the purposes of liability, as set forth
in Minnesota Statutes, section 471.59, subdivision 1a(a), provided further that for purposes of that
statute, each Party to this Agreement expressly declines responsibility for the acts or omissions of
the other Party to this Agreement except to the extent they have agreed in writing to be responsible
for the acts or omissions of the other Party. The total liability for the Parties shall not be added
together to exceed the limits on governmental liability for a single governmental unit.
b. Duty to Notify. Each City shall promptly notify the other of any claim, action, cause of
action or litigation brought against that City, its employees, officers, agents, or subcontractors, which
arises out of the services contained in this Agreement and should also notify the other City whenever any
City has a reasonable basis for believing that the City, and/or its employees, officers, agents or
subcontractors, and/or the other City might become the subject of a claim, action, cause of action or
litigation arising out of the services contained in the Agreement. The parties agree this indemnity
obligation shall survive the completion or termination of this Agreement.
4. PAYMENT FOR SERVICES. Medicine Lake shall be responsible for the following
charges:
a. All engineering, design, construction, and construction oversight/inspection of the new
water system extended into Medicine Lake.
b. Medicine Lake shall pay Plymouth an annual fee of $23,400.00 starting January 1, 2025,
to cover annual maintenance operations and a 4% inflator annually thereafter. As homes
connect this fee will be reduced proportionately (based on a total of 136 curb stops
available for connection) and furthermore, the fee will be eliminated upon 75% of the
136 curb stops being connected to the water system.
c. A water area charge (“WAC”) in the amount of $510,000.00 is owed to Plymouth based
on 95.5 acres of serviceable area within Medicine Lake. Of this amount, 25% shall be due
on January 1, 2025, with the remaining 75% collected with each individual water hookup
permit as homes connect to the water system ($2,813.00 per property assuming 136 total
curb stop connections). Effective January 1, 2026, and annually thereafter the $2,813
WAC charge per hookup will be adjusted consistent with the annual rate increases set by
the Plymouth City Council. As an example, the WAC specific charge at time of
connection is as follows:
81
i. 2025 or before = $2,813.00 (this amount is set)
ii. 2026 = $2,925.00 (assumes a 4% Council adjustment and is subject to change)
iii. 2027 = $3,040.00 (assumes a 4% Council adjustment and is subject to change)
iv. Etc...
d. All other permit fees and building permit costs required as part of the water service
connection will be paid by Medicine Lake homeowners upon time of connection when
permitted through the City of Plymouth at the Council set rates for that year. This
includes but is not limited to the Residential Equivalent Connection Charge (WREC),
Water Connection Permit, Plumbing Permit, and Meter Fee.
e. A capital depreciation charge of double the then-current annual maintenance operation
fee will be levied annually after 10 years if 75% of the 136 available curb stops are not
connected to the water system. The capital depreciation charge shall terminate at such
time as seventy-five (75%) of the 136 curb stops connect to the water system.
f. Plymouth shall reimburse the City of Medicine Lake for design and construction of the
potable water extension and road work associated with 15th Avenue within the limits of
the City of Plymouth. Plymouth shall have the opportunity to review and approve all
costs associated with the design and construction of the improvements associated with
15th Avenue.
5. TERM. This Agreement is for a period of thirty (30) years (the “Initial Term”) from the
Effective Date, except that the Agreement shall automatically renew for successive one (1) year terms
(each a “Renewal Term”) unless either party provides written notice of termination of the Agreement not
less than one hundred eighty (180) days before the end of the Initial Term or the end of any Renewal
Term.
6. MINNESOTA GOVERNMENT DATA PRACTICES ACT (Minn. Stat.Chap.13 and
related statutes). All data collected, created, received, maintained, or disseminated, in any form, for any
purposes because of the Agreement is governed by the Minnesota Government Data Practices Act
(Minn.Stat.Chap.13 and related statutes), as amended, the Minnesota Rules implementing such Act, as
amended, as well as Federal Regulations on data privacy. The person responsible for release of all data
under this Agreement shall be identified by each party.
7. ENTIRE AGREEMENT. This Agreement supersedes any prior or contemporaneous
representations or agreements, whether written or oral, between the parties and contains the entire
agreement of the parties related to potable water services. The JPAs related to such entered into between
the two parties in July 2011 and April 2022 are hereby terminated.
8. AMENDMENTS. Any modification or amendment to this Agreement shall require a
written agreement signed by all parties.
9. NOTICE. Any notice, statement or other written documents required to be given under
this Agreement shall be considered served and received if delivered personally to the other party, or if
deposited in the U.S. First Class mail, postage prepaid, as follows:
82
a. Notice to: City of Plymouth
City Manager
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
b. Notice to: City of Medicine Lake
City Clerk
10609 South Shore Drive
Medicine Lake, Minnesota 55441
83
CITY OF PLYMOUTH
By:
Jeffry Wosje, Mayor
And:
David Callister, City Manager
84
CITY OF MEDICINE LAKE
By:
Chris Heim, Its Mayor
And:
Therese Polum, Its City Clerk
85
August 7, 2023
86
CITY OF PLYMOUTH
RESOLUTION NO. 2023-221
RESOLUTION AUTHORIZING EXECUTION OF JOINT POWERS AGREEMENT
BETWEEN THE CITY OF MEDICINE LAKE AND THE CITY OF PLYMOUTH
FOR POTABLE WATER SERVICE
WHEREAS, the City of Medicine Lake is requesting potable water service from the City of
Plymouth to service the properties within the corporate limits of the City of Medicine Lake; and
WHEREAS, the City of Plymouth has agreed to provide potable water service to the City of
Medicine Lake per the terms outlined in the Joint Powers Agreement; and
WHEREAS, state law expressly allows the execution of joint powers agreements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THECITYOFPLYMOUTH,
MINNESOTAthatthejoint powers agreement with the City of Medicine Lake is approved and the Mayor
and City Manager are authorized to execute the agreement.
APPROVED by the City Council on this 22nd day of August, 2023.
87
Regular City
Council
August 22, 2023
Agenda
Number:8.2
To:Dave Callister, City Manager
Prepared by:Chris LaBounty, Deputy Public Works Director/City Engineer
Reviewed by:Michael Thompson, Public Works Director
Item:Approve conversion of Vicksburg Lane from four lanes to three
lanes
1.Action Requested:
Adopt attached resolution authorizing conversion of Vicksburg Lane between Old Rockford Road to
Chankahda Trail from four lanes to three lanes.
2.Background:
The engineering division recently contracted with Alliant Engineering to study the portion of
Vicksburg Lane between Old Rockford Road and Chankahda Trail. This section of the corridor is a
four-lane section (two lanes in each direction) with a speed limit range of 45 miles per hour (mph)
to 50 mph. The evaluation and study results indicate that the majority of vehicle speeds are
exceeding the speed limit by 10-14% (5-7 mph), and five of the eleven intersections had crash rates
above the state average, one of which was above the critical crash rate. To improve safety along this
corridor, improvements to the roadway would be necessary.
One safety strategy which has been proven effective on a corridor similar to Vicksburg Lane is
converting the roadway from two lanes in each direction to one lane in each direction with a shared
left turn lane (three-lane section). This is called a four-lane to three-lane conversion. The traffic
engineering consultant evaluated the feasibility of converting this section of Vicksburg from four
lanes to three lanes and found that the conversion is expected to operate adequately and reduce
crashes by approximately 20%, and also reduce 85th percentile speeds by up to five mph. The study
also found that both the existing four lane marking configuration and potential three-lane
configuration will likely exceed level of service thresholds by 2043 if traffic volumes increase by one
and a half percent a year over the next twenty years. To address these capacity concerns the city
could look at adding dedicated turn lanes at all intersections and potentially a traffic signal at the
intersection of Vicksburg Lane and 55th Avenue. Warrants for a traffic signal installation may likely
be met at that time.
Based on these findings, it is recommended:
1. This segment of Vicksburg Lane be converted from four lanes to three lanes later this year.
2. The section between Schmidt Lake and 58th Place will be analyzed for a potential speed limit
reduction from 50 mph to 45 mph since the 3-lane section is anticipated to reduce speeds within the
corridor.
3. Monitor traffic volumes in advance of the next pavement improvement project of Vicksburg Lane
and budget additional funds for turn lanes and a signal if warranted. Such improvements would not
be anticipated until after 2040 with current assumptions.
88
If approved, the engineering consultant would design and bid a project to have the striping
completed this fall.
3.Budget Impact:
It is anticipated the cost of the conversion would be approximately $140,000, with funding from the
Street Reconstruction Fund.
4.Attachments:
Location Map
City Council Resolution 2023-222
89
THIS R EPR ESENTS A COMPILATION OF INFORMATION AND DATA FROM CITY, COUNTY, STATE AND OTHER SOU RCES THAT HAS NOT BE EN FIELD V ERIFIE D. INFORMATION SHOULD BE FIELD VERIFIED AND COMPARED WITH ORIGIN AL SOURC E D OCUMENTS .
0 1,600 Feet
Location MapVicksburg Lane4 Lane to 3 Lane Conversion
August 2023
Chankahda Trail
Old Rockford Road
Vicksburg LaneProject Area
90
CITY OF PLYMOUTH
RESOLUTION NO. 2023-222
RESOLUTION AUTHORIZING CONVERSION OF VICKSBURG LANE BETWEEN
OLD ROCKFORD ROAD TO CHANKAHDA TRAIL FROM FOUR LANES TO THREE LANES
WHEREAS, Vicksburg Lane between Old Rockford Road and Chankahda Trail is a municipality-
owned roadway; and
WHEREAS, a four to three-lane conversion study was completed by Alliant Engineering in August
2023; and
WHEREAS, the study found that vehicular speeds exceeded the posted speed limits and that five
of eleven intersections in the section of roadway exceed state averages, one of which exceeded the
critical crash rate; and
WHEREAS, the study found that a four to three-lane conversion would function adequately and
is expected to improve safety of the traveling public and residents in the area; and
WHEREAS, the city has retained Alliant Engineering to complete plans and specifications for a
project to remove the existing striping and place new striping for the three-lane configuration in 2023.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA:
1. The conversion of Vicksburg Lane between OldRockford Road and Chankahda Trail is
authorized.
2. Alliant Engineering is designated as the city’s consulting engineer for the Vicksburg Lane
restriping project.
3. The City Clerk shall prepare and cause to be inserted in the official paper and on Quest CDN
an advertisement for bids upon the making of such improvement under such approved plans
and specifications.
4. That as authorized in Minnesota Statute 169.14, a traffic study will be considered in order to
determine of a speed limit adjust is warranted, and the results of said study shall be authorized
for implementation for southbound and northbound Vicksburg Lane from Schmidt Lake Road to
Chankahda Trail.
APPROVED by the City Council on this 22nd day of August, 2023.
91
Regular City
Council
August 22, 2023
Agenda
Number:8.3
To:Dave Callister, City Manager
Prepared by:Jodi Gallup, City Clerk/Administrative Coordinator
Reviewed by:Maria Solano, Deputy City Manager
Item:Discuss local cannabis regulation
1.Action Requested:
Discuss local cannabis regulation and provide staff direction on ordinance concerning the public use
of cannabis and potential moratorium.
2.Background:
Overview
During the 2023 session, the Minnesota Legislature legalized the use and sale of cannabis. The
attached memo from the City Attorney's office provides a summary of the new law and the City of
Plymouth's role in zoning, local registration, and enforcement. Staff will provide a high-level
overview at the meeting and is looking for general direction from council on potential ordinances
regulating the use of cannabis in public spaces and a moratorium on adult-use cannabis.
Use of cannabis in public spaces
As of August 1, 2023, possession and consumption became largely legal, creating a need for cities
across the state to adopt ordinances regulating use in public spaces such as parks, streets, and
sidewalks. The City Attorney has prepared two ordinances for council consideration and feedback.
1. Ordinance concerning the public use of cannabis and hemp - prohibits smoking cannabis or hemp
in a public place which encompasses governmental property and private property that is regularly
and frequently open to or made available for use by the public.
2. Ordinance concerning smoking in city parks - currently smoking tobacco in the parks is prohibited
through a council policy, which provides no enforceable penalties for violations. Staff recommends
adopting an ordinance to provide consistency in the enforcement of prohibiting smoking tobacco,
cannabis, and hemp.
Zoning Code
City staff are working on zoning regulations related to cannabis and the associated licenses. Any
code requirements/changes will be analyzed by the Planning Commission, as all updates to the
Zoning Regulations, prior to final adoption by the City Council. The state has provided the ability for
cities to limit retail cannabis operations to 1 per 12,500 residents and allows cities to limit based on
proximity to certain uses. While licensing from the State of Minnesota will not begin for these
establishments until likely 2025, the city is working on these regulations to have them solidified and
agreed upon prior to licenses being issued by the state. These regulations are strictly related to
commercial/industrial cannabis and will not cover low-dose edible THC products, nor residential
growing, both of which are allowed under State Statute at this time.
92
At a future meeting date, as the city continues to study local regulations, council will need to
consider if they want to implement license limits, hours of operation, and restrictions on licenses
near schools, day cares, treatment facilities, and parks. Additionally, ordinances will need to be
adopted amending the zoning code and establishing registration fees. The new legislation sets the
initial registration fee at $500 or up to half the fee charged by the Office of Cannabis Management
(whatever is less), and the renewal fee at $1,000 or up to half the fee charged by the Office of
Cannabis Management (whatever is less).
Moratorium Option
The recently passed legislation has a provision allowing cities to enact an interim ordinance
(moratorium) on the operation of cannabis businesses until January 1, 2025 to provide time for cities
to study the impacts on zoning and to create appropriate regulations. Staff has started to receive
inquiries from potential businesses on zoning. If council wishes to consider a moratorium, a public
hearing must be held prior to enacting the moratorium. While the moratorium may not have
significant practical impact, as licenses will not likely be issued until 2025, the moratorium does
provide an additional layer of transparency for potential business owners. It also provides an
additional layer of protection for the city. If interested in a moratorium, the City Council should
direct staff to initiate the process.
3.Budget Impact:
N/A
4.Attachments:
Memorandum
Draft Ordinance - concerning public use of cannabis and hemp
Draft Ordinance - concerning smoking in city parks
93
227595v1
ME MO RANDUM
TO:PLYMOUTH CITY COUNCIL
FROM: JACK BROOKSBANK
DATE: AUGUST 15,2023
RE:ADULT USE CANNABIS LEGALIZATION
On May 30, Governor Walz signed 2023 Session Laws Chapter 63 legalizing adult use
cannabis in Minnesota. The law created a new chapter of the Minnesota Statutes, Chapter 342. The
new law has three main effects. First, it legalizes personal purchase, possession, and use of
cannabis and related products by adults over the age of 21. Second, it creates a new administrative
agency, the Office of Cannabis Management (OCM), which is tasked with regulating the
commercial production and sale of cannabis and related products. Third and finally, the law
provides for the expungement of prior convictions for cannabis use and possession. This
memorandum provides a brief overview of the new law, with a focus on the role left to municipal
government.
This memorandum is meant to be a primer in the new law, and cannot answer every
question about these expansive new laws in detail. There is also a great deal of ambiguity left in
how the new law will be applied. OCM has been granted substantial rulemaking authority and a
mandate to enact regulations to fill out the practical details. However, these rules have not yet been
proposed, let alone finalized. If there are any specific questions, feel free to address them to the
City Attorney’s office. Finally, the law creates a state-level board to process the expungements.
Since there will be no involvement by local governments, this memorandum does not address the
expungement process.
I.Terminology
The terminology used here is slightly different from prior laws. It uses “cannabis” and not
“marijuana,” and does not use the prior “cannabinoid product” language. The new law defines
“cannabis” as hemp plants with greater than 0.3% THC (dry weight). “Cannabis concentrates” are
any extracts or resins prepared from cannabis. “Cannabis flower” means dried cannabis plant used
for smoking. “Hemp” means hemp plants with less than 0.3% dry weight of THC. Edible products
are regulated by both potency and source of THC. The law redefines the previously-legal edibles
(cannabinoid products) as “lower-potency hemp edibles.” These must contain less than 5 mg of
THC per dose, and the THC must be derived from hemp plants. These edibles can be produced
using “hemp concentrate,” that is, lower-potency hemp plants will be processed into stronger
concentrates, which will then be measured out to make the final product. The original source for
these concentrates, however, will have to be from hemp plants and not cannabis.
This memorandum will use “cannabis and related products” to mean cannabis, cannabis
concentrate, edible cannabis products, and lower-potency hemp edibles as many of the regulations
on use and possession apply to all these categories equally.
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II.What Isn’t Changed
An important note is that, although the new Minn. Stat. Chapter 342 legalizes cannabis at
the state level, there have been no changes to federal law. Under federal law, cannabis (and THC,
the active ingredient) remains a schedule I controlled substance. Although federal enforcement has
been extremely limited, the conflict between state and federal law remains. And there is always a
risk that federal enforcement priorities could shift, even if it does not currently appear to be likely.
This is a particular risk for any city employees who require federal licenses or who carry
firearms in the course of their duty. Federal licenses, such as the Class I driver’s license required
for many public works duties, still classify cannabis use as illegal and as a reasons for license
denial or revocation. Further, federal law prohibits cannabis users from purchasing or possessing
a firearm. The St. Paul Branch Office of the federal ATF recently released an open letter
reaffirming its position that it is illegal for cannabis users to purchase or possess firearms. Thus,
although the City likely cannot prohibit cannabis use by employees off the clock, any employee
with significant federal exposure should be counselled of the risks. This especially includes police
officers and public works employees with class I licenses.
The new law also allows for cannabis drug testing for employees in seven listed categories:
1. Safety sensitive employees
2. Peace officers
3. Firefighters
4. Counselors or careworkers who treat children, vulnerable adults, and those in need of
emergency mental health assistance
5. Positions requiring a CDL
6. Positions funded by federal grants; or
7. Any position specifically requiring cannabis drug testing under law.
Although there are no longer criminal penalties associated with its use, city employees in
these positions could face employment action if they choose to use cannabis.
III.Adult Purchase, Use, and Possession
Taking effect July 1, adults over the age of 21 will be able to purchase, possess, and use
cannabis and related products. An individual over 21 may possess no more than 8 grams of
cannabis concentrate, edibles with no more than 800 combined mg of THC, not more than 2 ounces
of cannabis flower in public, and not more than 2 pounds of cannabis in a private residence.
Although purchase and possession will become legal, sale remains illegal. Adults are able to give
other adults up to the limit for possession at one time, but may not receive compensation of any
form or give cannabis or related products to minors. Individuals may also grow their own cannabis,
with a maximum of 8 plants (no more than 4 of which are mature at any time) per residence. Plants
must also be kept in an enclosed, locked space that is not open to public view—whether that be
indoors or in a locked outdoor enclosure.
The new law also legalizes use in limited circumstances. Use is allowed in private
residences, or on private property that is not generally open to the public. Thus use on public streets
or sidewalks, in public parks, or in restaurants is generally not allowed.
There are also specific restrictions on use. Smoking cannabis is prohibited anywhere that
smoking tobacco is prohibited under the Clean Indoor Air Act, such as inside bars and restaurants.
Use and possession is also prohibited in schools and prisons. It is also a crime to use cannabis and
related products while in a vehicle, or to operate a vehicle under the influence of cannabis and
related products. It is further illegal to possess open packages of cannabis and related products
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while in a motor vehicle—similar to alcohol, cannabis and related products must be transported in
sealed containers or in a part of the vehicle not accessible from the passenger compartment.
Finally, it is illegal to use cannabis where “the smoke, aerosol, or vapor would be inhaled by a
minor.” The city may adopt an ordinance making the use of cannabis or lower-potency edibles in
public a petty misdemeanor.
IV.Commercial Regulation
The commercial market for cannabis and related products will be regulated by the new
state agency, OCM. The central regulations will involve licensing through the state agency. The
law creates 16 different license categories, from cultivation to manufacture to retail. The licenses
are also divided between “full strength” cannabis licenses and “lower-potency hemp” licenses.
Medical cannabis will remain its own category and will be regulated separately. The
existing medical cannabis regulations will continue largely unchanged and administered by the
Department of Health. Regulatory authority will be gradually shifted from the Department of
Health to OCM in 2025.
The retail sale of cannabis and related products will be divided into cannabis dispensaries
and lower-potency hemp retail. Cannabis sales will be through separate businesses, analogous to
liquor stores (though they are specifically prohibited from selling alcohol, so the two cannot be
combined). These businesses will be tightly regulated, particularly with respect to the types of
product available. These businesses may sell cannabis and related products, cannabis plants and
seeds, paraphernalia, nonalcoholic drinks, books and magazines about cannabis, bags to carry
purchases, branded clothing, hemp fiber products, and products that detect the presence of
fentanyl. Dispensaries will not be able to sell any other products. Customers may smell the
products before purchase, but may not sample or smoke the products on site.
Lower-potency hemp edibles will be separately licensed, and will be much less restricted.
Lower-potency retailers must ensure that there are no sales to any individual under 21, but may
generally sell any other products as well as lower-potency edibles. There are also license
endorsements available to permit lower-potency consumption on-site, within certain limits. This
will allow bars and restaurants to serve lower-potency seltzers alongside alcohol.
Both cannabis and hemp are subject to product and sales regulations. Sellers must insure
that all purchasers are over the age of 21. Self-serve retail is not allowed. All products must be
accurately labeled. Labels, packaging, and products must also not be designed in a manner to
appeal specifically to children. For example, products may not use cartoon mascots, flavors that
specifically appeal to children, or be modeled after children-specific products. Products may also
not be ordinary food products with added THC, and must be packaged in such a way that they do
not resemble ordinary food products.
Although legalized under the new law, cannabis dispensaries cannot operate without a valid
state license issued by the OCM. However, OCM will not be able to issue licenses until it finalizes
its regulations and licensing process. OCM has stated in press releases that it does not anticipate it
will be ready to issue licenses until early 2025 at the earliest. Retail cannabis sales will not be able
to begin in practice until then. Lower-potency hemp edibles are currently legal, and will remain
so. Retailers will have to register with the Minnesota Department of Health (MDH) beginning
October 1, 2023. MDH has also begun conducting inspections of hemp businesses to ensure
compliance with the law. OCM will eventually take over licensing for lower-potency hemp
edibles, likely around the time that it begins licensing for cannabis.
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V.Municipal Role
The law generally preempts municipal regulation. Cities may not enact their own licensing
ordinances or prohibit possession, use, or transportation. Cities also may not prohibit businesses
from operating if properly licensed by the state. This limits the control cities can exercise. There
are still three areas where cities have authority: zoning, local registration, and enforcement.
1.Zoning
Cannabis use and businesses are still subject to general zoning requirements. For example,
home-grown plants must be enclosed, for example in a greenhouse. However, greenhouses will
still be regulated by existing accessory structure regulations. Businesses will be restricted to retail
districts. Some communities have specific zoning requirements for liquor stores—we feel this is a
good analogy for cannabis businesses, and that cities could decide how to zone cannabis stores
specifically. The city could also consider regulating lower-potency sales as an accessory use,
restricting sales to certain zoning districts. However, the city may not enact zoning requirements
that duplicate or contradict the state license requirements.
Cities are specifically authorized to impose “reasonable restrictions on the time, place, and
manner of the operation of a cannabis business.” This includes imposing setbacks from schools,
day cares, residential treatment facilities, or “an attraction within a public park that is regularly
used by minors” (such asa playground or athletic field). Cities may also impose limited restrictions
on the hours of operation.
During the state licensing application, OCM will contact the city to ensure that the
proposed new business complies with all local regulation. This specifically includes building,
zoning, and fire codes. The city will also be asked to provide any other information it feels is
important. Thus if there is a particular concern with a specific location or an applicant, the city
may share that information.
2.Local Registration
Any retail business selling cannabis and related products, including the lower-potency
hemp edibles, must register with the city in which they operate. No business may sell cannabis or
related products without a valid local registration. The city may collect a registration fee to cover
the cost of investigation, and may perform initial compliance checks to ensure that the proposed
business will follow all applicable regulations. However, the city will not have discretion in
whether to issue the registration. If the business has a valid state license, passes the compliance
checks, and has paid all fees and taxes, the city must issue the registration.
Cities may restrict the number of registrations issued to full strength cannabis businesses.
The city must issue at least one registration per 12,500 residents. For Plymouth, this means at least
seven (7) registrations. The city may also decline to issue a registration if there is at least one
registration per 12,500 residents countywide. This works out to 102 registrations across Hennepin
County. It is not clear how the city will find out the number of registrations in the county; it is
likely that OCM will keep a list.
3.Enforcement
Cities will be required to conduct compliance checks. These are similar to existing
compliance checks for liquor and tobacco license holders. They ensure that businesses will not sell
products to persons who are underage and do not stock illegal products. OCM has been charged
with developing compliance procedures and documentation for use by local departments. There is
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substantial state money available to support local enforcement efforts, supported by a state sales
tax on all cannabis and related products sales. Compliance checks must be performed at least once
per year.
If the city discovers licensing violations, or if a business constitutes “an immediate threat
to the health or safety of the public,” the city may suspend the business’s local registration for up
to 30 days. The city must notify OCM of the suspension immediately. OCM must then review the
action, and may decide to impose a longer license suspension or license termination. If a business
continues to sell products despite the suspension, the city may impose a civil penalty of up to
$2,000 per violation (per sale).
The statute contains an appeals mechanism for state licensing actions through OCM. It
does not mandate appeals for local actions imposing a less than 30-day suspension. However,
potentially shuttering a business for 30 days is still a hefty penalty power. To avoid constitutional
due process or takings claims, we recommend that the city adopt a local appeal mechanism.
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CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2023-
ORDINANCE AMENDING CHAPTER IX OF THE PLYMOUTH CITY CODE CONCERNING THE
PUBLIC USE OF CANNABIS AND HEMP
THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, ORDAINS:
SECTION 1. Chapter IX of the Plymouth City Code is amended to add a new Section 970 “Public
Use of Cannabis and Hemp” to read as follows:
SECTION 970: PUBLIC USE OF CANNABIS PRODUCTS
970.01. – Definitions.
For purposes of this Section, the terms defined herein have the meanings given them.
CANNABIS: Any product containing the harvested flower, bud, leaves, or stems of a plant of the
genus Cannabis that has a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent on a
dry weight basis. Cannabis includes adult-use cannabis flower, medical cannabis flower, and any
derivative, concentrate, extract, resin, or other product made from a cannabis plant.
HEMP: Any product containing the harvested flower, bud, leaves, or stems of a plant of the
genus Cannabis that has a delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent on a
dry weight basis. Hemp includes any derivative, concentrate, extract, resin, or other product made from
a hemp plant.
ELECTRONIC DELIVERY DEVICE: Any product containing or delivering a substance intended for
human consumption through the inhalation of aerosol or vapor from the product. Electronic delivery
device includes, but is not limited to, devices manufactured, marketed or sold as e-cigarettes, e-cigars,
e-pipes, vape pens, mods, tank systems, or under any other product name or descriptor.
SMOKING: Inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, pipe or
any other lighted or heated product that is intended for inhalation. Smoking included using an electronic
delivery device.
PUBLIC PLACE: Property owned, leased, or controlled by a governmental unit, and private
property that is regularly and frequently open to or made available for use by the public in sufficient
numbers to give clear notice of the property's current dedication to public use. Public Place but does not
include the following:
(1)a private residence including the person’s curtilage or yard;
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(2) private property not generally accessible by the public, unless the person is explicitly
prohibited from consuming cannabis flower, cannabis products, lower-potency hemp
edibles, or hemp-derived consumer products on the property by the owner of the
property; or
(3) the premises of an establishment or event licensed to permit on-site consumption.
970.02. - Prohibited Activity.
No person shall smoke cannabis or hemp in a public place.
970.03. – Penalty.
Violation of this section shall be a petty misdemeanor.
SECTION 2. Effective Date. This ordinance shall be effective immediately upon its passage.
ADOPTED by the City Council on this ____ day of ______, 2023.
By __________________________________
Jeffry Wosje, Mayor
ATTEST:
_______________________________
Jodi Gallup, City Clerk
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CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2023-
ORDINANCE AMENDING CHAPTER VIII OF THE
PLYMOUTH CITY CODE CONCERNING SMOKING IN CITY PARKS
THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, ORDAINS:
SECTION 1. Chapter VIII, Section 805.01 of the Plymouth City Code is with the following original
text, new text, and deleted text:
805.01. – Park Regulations.
Subd. 1. Application. This Section applies to public parks described as park land, lake, stream, pond,
trail, nature area, open space or recreation center and amenities within. It should also mean any
other property owned, leased, used or controlled, wholly or partly by the City for parks and
recreation use.
Subd. 2. Definitions. The following words, terms and phrases, as used herein, shall have the following
meanings:
ELECTRONIC DELIVERY DEVICE: Any product containing or delivering nicotine, lobelia or any
other substance, whether natural or synthetic, intended for human consumption through the inhalation
of aerosol or vapor from the product. Electronic delivery device includes, but is not limited to, devices
manufactured, marketed or sold as e-cigarettes, e-cigars, e-pipes, vape pens, mods, tank systems, or
under any other product name or descriptor.
SMOKING: Inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, pipe or
any other lighted or heated product containing, made or derived from nicotine, cannabis, hemp, or
other plant or substance, whether natural or synthetic, that is intended for inhalation. Smoking will also
include using an electronic delivery device.
SECTION 2.Section 805.09 of the Plymouth City Code is hereby amendedwith the following
original text, new text, and deleted text::
805.09. - Prohibited Acts; Regulations.
* * *
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Subd. 17.Smoking. Smoking is prohibited in all City Parks, in all public parking lots that are
adjacent to City Parks, and inside all motor vehicles located in any City Park or adjacent
public parking lot.
Subd. 178.Additional Regulations. In order to protect public health, safety and welfare, and to
preserve the property of the City, the Director of Parks and Recreation or his/hertheir
designee is authorized and directed to establish additional written regulation which
shall define, in precise detail the procedures to be followed in the use of the parks.
SECTION 2. Effective Date. This ordinance shall be effective immediately upon its passage.
ADOPTED by the City Council on this ____ day of ______, 2023.
__________________________________
Jeffry Wosje, Mayor
ATTEST:
_______________________________
Jodi Gallup, City Clerk
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