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HomeMy WebLinkAboutCity Council Packet 08-31-1995 SpecialPLYMOUTH CITY COUNCIL SPECIAL COUNCIL MEETING THURSDAY, AUGUST 31, 1995 7:00 P.M. Public Safety Training Room I. REVIEW 1996 PROPOSED BUDGET a. Community Improvement Fund Information b. Current Fund Balances c. New Employee Information and Discussion d. Information on Tobacco Licenses DATE: August 31, 1995 TO: Mayor and City Council FROM: Dwight Johnson SUBJECT: Community Improvement Fund Information At the August 24 budget study session the Council requested additional information on the Community Improvement Fund. In particular, you asked to see the impact of changing the assumption about interest earnings from 3 % to 5 %. Changing the interest rate assumption increases the ending balance of the CIF from $13.3 million to $15.4 million. Spreadsheets detailing both assumptions are attached. d CC CL O Z Z W LLJ V Z jO ace m C7 Cfl CA LCA r%% 0 O Ct d' CO Lf) C CA O Cfl 1%% N c: O LC! CO CO 0 r LC! 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CO t co CA O N O C) C) O m w m O O O aC ornrnC C 000 T— CD m eo CL 1-10 DATE: August 29, 1995 TO: Mayor and City Council FROM: Dwight Johnson, City Manager SUBJECT: Cash/Fund Balances as of July 1995 At the August 24 study session you requested an updated status sheet on the cash and fund balances of the City's various funds. Attached is a list of the July 1995 balances; the December 1994 balances also are attached. City of Plymouth Cash/Fund Balances July 1995 General Fund Working Capital Public Facilities Fund Facilities Maintenance Central Services Fund Computer Replacement Central Equipment Fund Equipment Replacement Community Improvement Fund Future Capital Projects Permanent Improvement Revolving Fund Future Capital Projects Infrastructure Replacement Fund (Street Reconstruction) Future Capital Projects Storm Sewer District Funds Future Capital Projects Project Administration Fund Project Contingencies City and Community Parks Fund Park Improvements Neighborhood Parks Fund Park Improvements Park Replacement Fund Park Facilities Improvements Risk Manangment Fund Catastrophic Exposure 6,097,800 517,100 749,000 2,270,500 10,494,700 767,000 2,450,000 2,026,300 4,185,000 2,389,300 295,700 2,677,000 6,002,200 94RESERVALS Page 1 City of Plymouth Cash/Fund Balances December 1994 General Fund Working Capital Public Facilities Fund Facilities Maintenance Central Services Fund Computer Replacement Central Equipment Fund Equipment Replacement Community Improvement Fund Future Capital Projects Permanent Improvement Revolving Fund Future Capital Projects Infrastructure Replacement Fund (Street Reconstruction) Future Capital Projects Storm Sewer District Funds Future Capital Projects Project Administration Fund Project Contingencies City and Community Parks Fund Park Improvements Neighborhood Parks Fund Park Improvements Park Replacement Fund Park Facilities Improvements Risk Manangment Fund Catastrophic Exposure 5,852,769 906,617 1,077,162 2,320,770 9,759,969 743,783 2,097,885 2,104,888 4,096,655 2,248,334 341,912 2,596,659 6,066,285 94RESERV.XLS Page 1 r i Q DATE: August 31, 1995 TO: Mayor and City Council FROM: Dwight Johnson, City Manager SUBJECT: Information on New Employees Attached is information on the number of new employees added over the past several years. The new positions recommended in 1996 would bring the City's total number of full time equivalent positions to 212.45. About 64 % of the new positions are funded by tax dollars. 5 cr 4 a U U F U p; ri cn C14 O 1.6 N N O t` C) r- O N O 4 a U U F U p; ri t` C) r- O O O ch 00 W) N O N O N 4 a U U F U p; ri M C) r- O O O M C14cq N O 0 C, 4 4 a U U F U p; ri M 00 M C14cq N O I 4 a U U F U p; ri r CITY OF PLYMOUTH 1996 PROPOSED BUDGET EMPLOYEES PER THOUSAND -1980 -1996 YEAR POPULATION EMPLOYEES PER THOUSAND 1980 31,615 110 3.48 1981 32,410 112 3.46 1982 33,920 116 3.42 1983 35,380 116 3.28 1984 37,050 122 3.29 1985 38,970 126 3.23 1986 41,207 130 3.15 1987 43,854 137 3.12 1988 47,800 146 3.05 1989 48,995 153 3.12 1990 50,889 163 3.20 1991 52,161 169 3.24 1992 53,781 170 3.16 1993 55,137 183 3.32 1994 57,391 197 3.43 1995 58,200 208 3.57 1996 59,000 213 3.61 Estimated population figures for 1995 and 1996 Employee numbers rounded Regulating tobacco sales KENT SULEM tudies indicate that a vast majority of smokers start tasmoking by the time they are 18. Studies also show that if individuals can make it to 18 without starting to smoke, they will likely never become smokers. Minnesota Statute 609.685 makes it illegal to sell tobacco and tobacco related products and devices to anyone under the age of 18 years. The statute also makes it a misdemeanor for any person under the age of 18 to possess tobacco or tobacco related products and devices. Despite these legal prohibitions, it is a common sight to see groups of teenagers smoking outside of school buildings, fast food restaurants and other popular teen hangouts. Cities frequently ask two questions when faced with the issue of smoking by minors. The first question is, "Why should cities worry about this prob- lem?" There are several reasons why cities should be interested in curbing illegal smoking by minors. First, smoking by minors is a violation of the law. Cities should always be interested in reducing the amount of illegal activities occurring within their limits. Second, and related to the first reason, a city's overall image is enhanced by creating a cleaner and healthier environment for its youth and adults. Finally, smoking related health care costs drain federal and state budgets of millions of dollars per year. Tightly enforcing the lay.- and reducing the number of underage smokers will help reduce government spending for smoking related health care costs, thus freeing up funds to be used for other city interests. The second question cities ask when confronted N%ith the problem of smoking by minors is, "What can we do about it?" This question is ans« ered by state law authorizing cities to adopt an ordinance at least as restrictive as the requirements of M.S. 609.685. Such an ordinance would allow a city to take responsibility for enforcing the prohibition of the sale to and the possession by minors of tobacco and tobacco related products and devices. Several cities across Minnesota, and nationwide, have already adopted very strong ordinances regulating the sale and possession of tobacco and tobacco products and devices. Some cities in the United States are also adopting new and innovative ways to combat the problem. The courts appear to be allowing increasingly restrictive regulations as long as the primary purpose of the ordinances is to prohibit unlawful access by youth to tobacco and tobacco related products and devices. Restric- tions on the advertising of cigarettes and other tobacco products and related devices are also becoming increasingly popular. Several decided and current cases will determine the extent that such advertisements can be restricted. A city interested in regulating the sale of tobacco and tobacco related products and devices to minors, should consider adopting the following types of provisions: Require all vendors of tobacco and tobacco related products and devices to obtain a license to sell such items. Treat the license like any other license, but set the fee high enough to help cover minimal inspections of licensed premises. Fees of $200 to 500 per year are common. Some cities are finding success with a graduated fee schedule that sets the initial fee at an amount, such as $500, and provides discounts if the store owner agrees not to have vending machines, prohibits or restricts self - access, or trains the store's clerks in checking for age identification and in spotting false identification cards. A pro -rated fee schedule provides an incentive for the vendor to take some action, rather than relying solely on city regulations and involvement. The ordinance should also provide that the illegal sale of tobacco or tobacco related products and devices shall be grounds for the suspension and/or revocation of the license. A graduated penalty scale is advisable with increas- ing suspensions for initial violations and revocation after multiple viola- tions. A penalty scale will encourage store owners to require their clerks to ask for proof of age before selling tobacco or tobacco related products and devices to anyone who appears to be under the age of 18 years. Regulate cigarette vending machines. Since vending machines offer minors easy access to tobacco products, the courts have been receptive to tight restrictions on such machines. Some cities completely ban vending ma- chines, while others require that machines have restricted access and be in the plain view of employees so that only persons who are at least 18 can obtain cigarettes.. Prohibit self-service stations of tobacco and tobacco products and devices. This provision would make it illegal for stores to have open racks of cigarettes. Tobacco and tobacco related products and devices would be kept behind the counter and would only be accessible to employees, thus reducing access by minors as well as cutting down on the risk of shoplifting. At the very least, a city should prohibit the self-service display of individual packages of cigarettes. Make it a misdemeanor for minors to possess tobacco or tobacco related products and devices. The ordinance should also make it a misdemeanor to alter one's age by use of false identification, or by use of another person's identification. This is the current law, but such a provision allows for easier local enforcement. In addition, the ordinance should define all major terms and specify enforcement procedures, such as the right of the city to perform random 32 MINNESOTA CITIES / AUGUST 1995 using undercover minors. Other possible regulations might include prohibiting the sale of tobacco within a set distance from any school, church, residence or other similar areas; establishing "smoke-free" or tobacco -free" zones; and adopting stricter clean indoor air requirements than currently provided for under state law (possible pre-emption problems would have to examined). Based on the argument that tobacco sales should be as tightly regulated as alcohol sales, at least one city has tried to make it illegal for anyone under the age of 18 to sell tobacco or tobacco related products and devices. Another option is to establish policies of not . advertising tobacco related products in recreational facilities owned by the city and used by youth who are under the age of 18. Finally, there is growing support for a ban on "point-of-sale" advertising. One Minnesota city is currently nvuivcu wan it iegai cnanenge to its ordinance that prohibits the use of tobacco advertising, except for black and white text signs, on any premises licensed to sell tobacco or tobacco related products and devices. This ban prohibits advertisements on clocks, shopping carts, check-out line dividers, trash cans and other popular mini - advertising sites. A number of cities have expressed interest in this type of prohibition. The League is following this case and will advise cities of their rights after a decision has been reached. Another resource for cities faced with the issue of smoking by minors, is the Minnesota ASSIST program of the Minnesota Department of Health and the American Cancer Society. Minne- sota ASSIST works to promote a tobacco -free environment. Minnesota ASSIST has recently begun targeting cities for assistance in the campaign to enforce the law against the illegal sale Campbell, Knutson, Scott & Fuchs, P.A. Attorneys at Law Practice dedicated to the representation of cities and other units of local govern- ment throughoart Minnesota. Eipertise that respects your budget. cmrtrolling dcvelopment a n oration ennployment disputes wetlands and water !mv code enfcwcenrent general gol ernment Contact: Tom Scott 612) 452-5000 or 1-800-452-5030 1380 Corporate Center Curve, Eagan, MN 55121 to and possession by minors of tobacco and tobacco related products and devices. The program has a number of sample ordinances and research articles on the topic. The League is currently working with Minnesota ASSIST to develop a model tobacco ordinance. Early discussions have focused on establishing an incentive program that encourages cities to create tobacco -free environments for their youth. More information will be available this fall. Cities wishing to receive sample tobacco ordinances, or with specific. questions about creating a tobacco -free environment and reducing the number of underage smokers, can contact Francie Mantak of Minnesota ASSIST, 612) 623-5756, or Kent Sulem at the League office, (612) 490-5600 or (800) 925-0072. EE Kent Sulem is codification attorney with the League of Minnesota Cities. G rSERVING INDUSTRIES MINNESOTA CITIES The newly formed MINNCOR Industries, combin- ing all the resources of Minnesota Correctional Industries, offers a wide range of quality products to economically meet the needs of your city! OFFICE AND INSTITUTIONAL FURNITURE FACILITY SIGNAGE OFFICE SUPPLIES PRINTING EMERGENCY GLOVE POUCHES INSTITUTIONAL CLOTHING & TOWELS VEHICLE REFURBISHING PIERS AND DOCKS Please call, write or fax us to find out about these products and more: In MN).1-800-MINNCOR (646-6267) Ph. (612) 627-6030 / Fax (612) 627-5448 2855 Anthony Lane So. Suite 200 St. Anthony, MN 55418 MINNESOTA CITIES / AUGUST 1995 33 DATE: August 31, 1995 TO: Mayor and City Council FROM: Dwight Johnson SUBJECT: Community Improvement Fund Information At the August 24 budget study session the Council requested additional information on the Community Improvement Fund. In particular, you asked to see the impact of changing the assumption about interest earnings from 3 % to 5 %. Changing the interest rate assumption increases the ending balance of the CIF from $13.3 million to $15.4 million. Spreadsheets detailing both assumptions are attached. M CO M- N= O LoLLCDVm-w n m m m O O N M CO LCA N 1l% 1-- LCA OZZ d' CD CO N CO M CO 1 O JCALL7 CO 1 CO O v- CO CM W a Ln N r LO O cr CO M m C) C O O CV CV CV C"), V- V- V- cm Oy W Q cs LO O Z W C) d' w CO CO mr d' mCNC" N O M M M M co L1'! C'7 CO O Lq LA CiWP DC d' N I% CO M LO O et CC W C" CD CO O N et co tl%% CO N N c M CM C" M CM Cr! C" M Z O E N CO O O O n M w F. F- J W O Z C4 CA O CM O d' O r- W V C4 CJ M n MLUN co LU JWCOW co o a c) o00 0 U- 0 0 0 0 O C9 O M O O O W Z Z CV CV Ll! O d' Z C-1)L=i N a o m v C7 O O N O OOMOC7O Z Z Z C C» CC CD N CO M CO Z CO LCA O CC O CIO D7 er 1 Li N 1 LA O et CO d' Lt7 CD CO O O N O Cn O CD C" C" O O O ac CnornCmoOOO V- CU CA cc CL M n— M m CO 00 r.% M CD LLJ C7 C'7 LC CO e- r CO O COZZ G a C7 O M c e= vi C7 q Jm^^ CO N CO N Z Q n M M r- O7 Ca d LJJ m CA CJS O CV M M d' L6 O O LJJ Q O LO H N O Z G N 00 n CO O n 00 M N V- C" CO m Ln Lo 00 OCO) n 02 CT) CO LO LO O v-- OLL, L17 d' 00 M O 00 cc CO M W CA CO 00 C"M n LO 0) M H d' M M CO CO CO r- Z Z M O CO CO N d' d' CO O N 00 O O O^ M m F. U.Z Z CO M N d' O d' d- T- m Lmu 2 CM 0 O CM O I d' Oa LU Cn LU co LU JLUyCOwCA o a d o00 0 U- CD M Z Z CV CV LC! O Z v N o m v d• CJS r M Lo CO 00V, LuM CO RW N O M CO m M Z CJ MC" M LC! CO Ca O Z 0 C2 C7 M O e= S M O Z CO m r-% n CO N CO COCf M C CO W m O7 O N M M Rt Ln CO n 00 CJS O N1: alc a rnrnc c 000 O CTJ C7 O CJS CJS O O O r- N N Nui V- CU CA cc CL Z b DATE: August 29, 1995 TO: Mayor and City Council FROM: Dwight Johnson, City Manager SUBJECT: Cash/Fund Balances as of July 1995 At the August 24 study session you requested an updated status sheet on the cash and fund balances of the City's various funds. Attached is a list of the July 1995 balances; the December 1994 balances also are attached. City of Plymouth Cash/Fund Balances July 1995 General Fund Working Capital Public Facilities Fund Facilities Maintenance Central Services Fund Computer Replacement Central Equipment Fund Equipment Replacement Community Improvement Fund Future Capital Projects Permanent Improvement Revolving Fund Future Capital Projects Infrastructure Replacement Fund (Street Reconstruction) Future Capital Projects Storm Sewer District Funds Future Capital Projects Project Administration Fund Project Contingencies City and Community Parks Fund Park Improvements Neighborhood Parks Fund Park Improvements Park Replacement Fund Park Facilities Improvements Risk Manangment Fund Catastrophic Exposure 6,097,800 517,100 749,000 2,270,500 10,494,700 767,000 2,450,000 2,026,300 4,185,000 2,389,300 295,700 2,677,000 6,002,200 94RESERV.XLS Page 1 f -?Y- FJ-- City S City of Plymouth Cash/Fund Balances December 1994 General Fund Working Capital Public Facilities Fund Facilities Maintenance Central Services Fund Computer Replacement Central Equipment Fund Equipment Replacement Community Improvement Fund Future Capital Projects Permanent Improvement Revolving Fund Future Capital Projects Infrastructure Replacement Fund (Street Reconstruction) Future Capital Projects Storm Sewer District Funds Future Capital Projects Project Administration Fund Project Contingencies City and Community Parks Fund Park Improvements Neighborhood Parks Fund Park Improvements Park Replacement Fund Park Facilities Improvements Risk Manangment Fund Catastrophic Exposure 5,852,769 906,617 1,077,162 2,320,770 9,759,969 743,783 2,097,885 2,104,888 4,096,655 2,248,334 341,912 2,596,659 6,066,285 94RESERV.XLS Page 1 DATE: August 31, 1995 TO: Mayor and City Council FROM: Dwight Johnson, City Manager SUBJECT: Information on New Employees Attached is information on the number of new employees added over the past several years. The new positions recommended in 1996 would bring the City's total number of full time equivalent positions to 212.45. About 64 % of the new positions are funded by tax dollars. s W a P 2 ti to V ) 4 a i 10 i i 116 M N1-4 O O O F 00 kn M i 6 O N ti to V ) et eh a i 1.6 N 1 O 7 O d' 00 W) N i O N ti to V ) et eh a U N 1- 110 ON0 ti in tn a U N C14 C14 OMNO ti a U N N N M 00 1-4 CITY OF PLYMOUTH 1996 PROPOSED BUDGET EMPLOYEES PER THOUSAND -1980 -1996 YEAR POPULATION EMPLOYEES PER THOUSAND 1980 31,615 110 3.48 1981 32,410 112 3.46 1982 33,920 116 3.42 1983 35,380 116 3.28 1984 37,050 122 3.29 1985 38,970 126 3.23 1986 41,207 130 3.15 1987 43,854 137 3.12 1988 47,800 146 3.05 1989 48,995 153 3.12 1990 50,889 163 3.20 1991 52,161 169 3.24 1992 53,781 170 3.16 1993 551137 183 3.32 1994 57,391 197 3.43 1995 58,200 208 3.57 1996 59,000 213 3.61 Estimated population figures for 1995 and 1996 Employee numbers rounded Regulating tobacco sales KENT SULEM tudies indicate that a vast majority of smokers start smoking by the time they are 18. Studies also show that if individuals can make it to 18 without starting to smoke, they will likely never become smokers. Minnesota Statute 609.685 makes it illegal to sell tobacco and tobacco related products and devices to anyone under the age of 18 years. The statute also makes it a misdemeanor for any person under the age of 18 to possess tobacco or tobacco related products and devices. Despite these legal prohibitions, it is a common sight to see groups of teenagers smoking outside of school buildings, fast food restaurants and other popular teen hangouts. Cities frequently ask two questions when faced with the issue of smoking by minors. The first question is, "Why should cities worry about this prob- lem?" There are several reasons why cities should be interested in curbing illegal smoking by minors. First, smoking by minors is a violation of the law. Cities should always be interested in reducing the amount of illegal activities occurring within their limits. Second, and related to the first reason, a city's overall image is enhanced by creating a cleaner and healthier environment for its youth and adults. Finally, smoking related health care costs drain federal and state budgets of millions of dollars per year. Tightly enforcing the lay.- and reducing the number of underage smokers will help reduce government spending for smoking related health care costs, thus freeing up funds to be used for other city interests. The second question cities ask when confronted N%ith the problem of smoking by minors is, "What can we do about it?" This question is ans-wered by state law authorizing cities to adopt an ordinance at least as restrictive as the requirements of M.S. 609.685. Such an ordinance would allow a city to take responsibility for enforcing the prohibition of the sale to and the possession by minors of tobacco and tobacco related products and devices. Several cities across Minnesota, and nationwide, have already adopted very strong ordinances regulating the sale and possession of tobacco and tobacco products and devices. Some cities in the United States are also adopting new and innovative ways to combat the problem. The courts appear to be allowing increasingly restrictive regulations as long as the primary purpose of the ordinances is to prohibit unlawful access by youth to tobacco and tobacco related products and devices. Restric- tions on the advertising of cigarettes and other tobacco products and related devices are also becoming increasingly popular. Several decided and current cases will determine the extent that such advertisements can be restricted. A city interested in regulating the sale of tobacco and tobacco related products and devices to minors, should consider adopting the following types of provisions: Require all vendors of tobacco and tobacco related products and devices to obtain a license to sell such items. Treat the license like any other license, but set the fee high enough to help cover minimal inspections of licensed premises. Fees of $200 to 500 per year are common. Some cities are finding success with a graduated fee schedule that sets the initial fee at an amount, such as $500, and provides discounts if the store owner agrees not to have vending machines, prohibits or restricts self - access, or trains the store's clerks in checking for age identification and in spotting false identification cards. A pro -rated fee schedule provides an incentive for the vendor to take some action, rather than relying solely on city regulations and involvement. The ordinance should also provide that the illegal sale of tobacco or tobacco related products and devices shall be grounds for the suspension and/or revocation of the license. A graduated penalty scale is advisable with increas- ing suspensions for initial violations and revocation after multiple viola- tions. A penalty scale will encourage store owners to require their clerks to ask for proof of age before selling tobacco or tobacco related products and devices to anyone who appears to be under the age of 18 years. Regulate cigarette vending machines. Since vending machines offer minors easy access to tobacco products, the courts have been receptive to tight restrictions on such machines. Some cities completely ban vending ma- chines, while others require that machines have restricted access and be in the plain view of employees so that only persons who are at least 18 can obtain cigarettes. Prohibit self-service stations of tobacco and tobacco products and devices. This provision would make it illegal for stores to have open racks of cigarettes. Tobacco and tobacco related products and devices would be kept behind the counter and would only be accessible to employees, thus reducing access by minors as well as cutting down on the risk of shoplifting. At the very least, a city should prohibit the self-service display of individual packages of cigarettes. Make it a misdemeanor for minors to possess tobacco or tobacco related products and devices. The ordinance should also make it a misdemeanor to alter one's age by use of false identification, or by use of another person's identification. This is the current law, but such a provision allows for easier local enforcement. In addition, the ordinance should define all major terms and specify enforcement procedures, such as the right of the city to perform random 32 MINNESOTA CITIES / AUGUST 1995 inspections of licensed premises by using undercover minors. Other possible regulations might include prohibiting the sale of tobacco within a set distance from any school, church, residence or other similar areas; establishing "smoke-free" or tobacco -free" zones; and adopting stricter clean indoor air requirements than currently provided for under state law (possible pre-emption problems would have to examined). Based on the argument that tobacco sales should be as tightly regulated as alcohol sales, at least one city has tried to make it illegal for anyone under the age of 18 to sell tobacco or tobacco related products and devices. Another option is to establish policies of not advertising tobacco related products in recreational facilities owned by the city and used by youth who are under the age of 18. Finally, there is growing suppori for a ban on "point-of-sale" advertising. One Minnesota city is currently involved with a legal challenge to its ordinance that prohibits the use of tobacco advertising, except for black and white text signs, on any premises licensed to sell tobacco or tobacco related products and devices. This ban prohibits advertisements on clocks, shopping carts, check-out line dividers, trash cans and other popular mini - advertising sites. A number of cities have expressed interest in this type of prohibition. The League is following this case and will advise cities of their rights after a decision has been reached. Another resource for cities faced with the issue of smoking by minors, is the Minnesota ASSIST program of the Minnesota Department of Health and the American Cancer. Society. Minne- sota ASSIST works to promote a tobacco -free environment. Minnesota ASSIST has recently begun targeting cities for assistance in the campaign to enforce the law against the illegal sale Campbell, Knutson, Scott & Fuchs, P.A. Attorneys at Law Practice dedicated to the representation of cities and other units of local govern- ment throughout Minnesota. Epertise that respects your budget. Controlling development mvleration emplohnlent disputes Ivetlmrds and Nater law code enforcement general government Contact: Tom Scott 612) 452-5000 or 1-800-452-503C 1380 Corporate Center Curve, Eagan, MN 55121 to and possession by minors of tobacco and tobacco related products and devices. The program has a number of sample ordinances and research articles on the topic. The League is currently working with Minnesota ASSIST to develop a model tobacco ordinance. Early discussions have focused on establishing an incentive program that encourages cities to create tobacco -free environments for their youth. More information will be available this fall. Cities wishing to receive sample tobacco ordinances, or with specific questions about creating a tobacco -free environment and reducing the number of underage smokers, can contact Francie Mantak of Minnesota ASSIST, 612) 623-5756, or Kent Sulem at the League office, (612) 490-5600 or (800) 925-0072. EE Kent Sulem is codification attorney with the League of Minnesota Cities. SERVING INDUSTRIES - - MINNESOTA CITIES The newly formed MINNCOR Industries, com ing all the resources of Minnesota Correcti( Industries, offers a wide range of quality prods to economically meet the needs of your city! OFFICE AND INSTITUTIONAL FURNITURE FACILITY SIGNAGE OFFICE SUPPLIES PRINTING EMERGENCY GLOVE POUCHES INSTITUTIONAL CLOTHING & TOWELS VEHICLE REFURBISHING PIERS AND DOCKS Please call, write or fax us to find out about these products and more: In MN).1-800-MINNCOR (646-6267) Ph. (612) 627-6030 / Fax (612) 627-5448 2855 Anthony Lane So. Suite 200 St. Anthony, MN 55418 MINNESOTA CITIES / AUGUST 1995 33 VA E: August 30, 1995 TO: Mayor and City Council FROM: Dwight D. Johnson SUBJF,CT. Ess Property earnest money Council member AndersontheEssproperty has inquired about the earnest money of $17 000attacheddocumentsfromCi The following is a brief chronology Paid for City files. g3' based upon the December 6, 1993: auk approves a motion u y authorize the Cito an appr mousl and negotiate for the ty purchase ofthe W Party... " Ess June 6, 1994: Council approves a motion u concur" with the Ci unanimously to that the City's offer Purchase O endation is $549,000 Prcbase the Ess property June 7 and 15, 1994: City enters into a purchase aEss's providing fora Purchase dement with the an earnest d P base Pace of $549, 000; agreement deposit of $17,000; and stating "mssahallbecomenullandvoidunlessapprovedandacceptedbythePlymouthCityCouncilbyJune27, 1994.- The purchaseagreement's dated June 7 and thevoucherisdatedJune15. Bode Payment Moore. are signed by Fred June 20, 1994: The Ess agreement was on the consent agenda, butwasremovedfordiscussion. However, time did not allow all business to be transacted that evening. The matter was carried over to July 11, 1994 meeting. July 11, 1994: The purchase of the Ess property was tabled by a 6-0 vote for traffic studies on the effects of an interchange. September 12, 1994: Council votes not to purchase the Ess property ona4-3 vote. Council approves motion unanimously to "direct staff to investigate options for acquisition of the southerly portion of the Ess site for parkland and wetlands." Summary: Staff had been authorized to negotiate for the purchase of the property inDecember, 1993. There was reason to believe that the City was proceeding to buy thepropertyuntilJune20, 1994. Staff entered into a conditional purchase agreement onJune7, 1994 and paid $17,000 in earnest money, subject to subsequent approval by theCityCouncil. The $17,000 check was dated June 16 and was deposited with thebroker, Larry Liles. It was staffs understanding that the money was to be retained byMr. Liles until final settlement was confirmed. The purchase of the Ess property isnowinlitigation, and Mr. Liles will not return the $17,000 because his clients maintain that the City entered into an obligation to purchase the property. Conclusion: My conclusion is that the City staff erred in issuing a check on June 16, 1994. However, the error was made in pursuit of the perceived intentions of the CityCouncilbasedupontherecorduptothatdateandthepurchaseagreementspecifiedthatitwassubjecttoapprovalandacceptancebytheCityCouncilbyJune27, 1994. The staff did not anticipate the eventual Council disapproval and the litigation that followed. Also, the staff felt that the money was only being held in escrow with the broker. Nevertheless, the staff should not anticipate Council actions before they occur and thiscasedemonstratesthedangersindoingso. Appropriate staff members have been advised to seek and receive clear authority in advance for similar expenditures in thefuture. Minutes December 6, 1993 Page 13 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt ORDINANCE 93-20 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED AT THE SOUTHEAST CORNER OF SCHMIDT LAKE ROAD AND FERNBROOK LANE (93112). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 93-778 SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SCH IDT LAKE ROAD AND FERNBROOK LANE (93112). Motion carried on a roll call vote, five ayes. ITEM 8-B AUTHORIZE APPRAISAL AND NEGOTIATE PURCHASE OF ESS PROPERTY MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to authorize the City staff to obtain an appraisal and negotiate for the purchase of the Ess property at the southwest corner of 1-494 and Schmidt Lake Road. Motion carried on a roil call vote, five ayes. ITEM 8-C WETLAND MITIGATION PLAN FOR LUNDGREN BROS. CONST 93112 Public Works Director Moore presented the staff report on the proposed filling of wetlands and Wetland Mitigation Plan for the Fluidyne property at the southeast corner of Schmidt Lake Road and Fernbrook Lane (93112). MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 93-779 APPROVING FILLING WETLANDS AND THE WETLAND MITIGATION PLAN FOR THE FLUIDYNE PROPERTY. Motion carried on a roll call vote, five ayes. Regular Council Meeting June 6, 1994 Page 27 such as inclusion of the park in the Comprehensive Plan and the potential interchange. If both of these were done, there would be very little property leftandfewoptions, except to combine with the Fluidyne property. He stated that developers have indicated that it will be difficult for the Ess property to be soldwiththeissuesofthependingparklandandinterchange. A developer would have to put forward significant amount of money to propose a development with the possibility that it could be denied. Mr. Liles stated he agrees with the appraiser's square foot value of the property. The difference was in the cost of the roadwayandutilitiestothedevelopableportionofthesite. He does not believe the appraiser considered the property constraints and steep slope. Mr. Liles stated there should be some consideration for City purchase of the Ess property becauseaccesswasdeniedwithapprovaloftheabuttingLundgrenBros. plat. He suggested a negotiation to split the difference in price, resulting in an amount of625,000. In response to a question by Councilmember Edson, Mr. Liles stated the Ess' haveownedthispropertyfor15years. MOTION was nude by Councilmember Granath, econded.by CotuWihber Anderson, to concur with City staff recommendations that the City's offer toPurchasetheEsspropertyis $549,000. Mr. Liles stated that of the 24+ acres that were purchased to the south of this site, only six acres were developable. The City paid $198,000 for that property. HebelievestheCityhasalegalobligationtoensurethatapprovalofanadjacent development does not have a negative impact on abutting parcels. MOTION was made by Councilmember Granath, seconded by CouncilmemberLymangood, to move the previous question. Motion carried, seven ayes. Main motion carried, seven ayes. ITEM 9-A GEESE RELOCATION PROGRAM MOTION was made by Councilmember Lymangood, seconded by CouncilmemberAnderson, to authorize the Director of Public Safety to enter into a fixed-price contract with the University of Minnesota for Canada Goose PopulationManagementintheamountof $6,000. Motion carried, seven ayes. Regular Council Meeting June 20, 1994 Page 3 MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to direct staff to recommend the scheduling of additional regular Council meetings on off -Mondays where necessary. Mayor Tierney suggested that regular meetings could begin at 6:30 p.m. Councilmember Helliwell expressed concern because it is difficult for residents working outside of Plymouth to get home and then arrive at the City Center for a 6:30 p.m. meeting. She favors implementing regular meetings on off -Mondays; then considering other options if needed. Motion carried, seven ayes. ITEM 5-B APPROVE AGENDA Manager Johnson recommended that Item 8-13 be deleted from the agenda. Harstad Companies has withdrawn their request because they have worked out an arrangement with the homeowner association. MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to move Items 8-A, 8-C, 8-17, and 9-A to the Consent Agenda/ Motion carried, seven ayes. Mayor Tierney added two items from the Council Information Memo for discussion as Items 9-B and 9-C. MOTION was made by Mayor Tierney, seconded by Councilmember Helliwell, to approve the agenda with the addition of Items 9-13 and 9-C and the deletion of Item 8-B. Motion carried, seven ayes. ITEM 6-A CONSENT AGENDA MOTION was made by Councilmember Anderson, seconded by Counci mber Edson, to approve the Consent Agenda with the removal of Items 6-D, (64,Ind 6-L. Motion carried, seven ayes. Regular Council Meeting June 20, 1994 Page 18 ITEM 8-F MNDOT HIGHWAY 12 CORRIDOR ALTERNATIVES ANIS IMPACT ON FERNDALE ROAD MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-351 MNDOT HIGHWAY 12 CORRIDOR ALTERNATIVES AND IMPACT ON FERNDALE ROAD. Motion carried, seven ayes. ITEM 9-A ADOPTION OF CITY GOALS AND OBJECTIVES AND 1994-95 WORK PLAN MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-352 ADOPTION OF CITY GOALS AND OBJECTIVES AND 1994-95 WORK PLAN. Motion carried, seven ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Morrison, to table the remaining items to the next regular meeting: Item 6-1) Adopt an Ordinance directing the City Council to follow general or statutory law when the City Charter is silent; Item 6-I Resolution approving acquisition of Ess Property at I-494 and Schmidt Lake Road, City Project No. 307; Item 6-L Evaluation of Funding and Program Options for Recycling/Yard Waste Program; Item 9-B Letter from M.C.V. Johnson in Information Memorandum; and Item 9-C Letter from Rick Pruetz in Information Memorandum. Mayor Tierney stated she does not support the motion because it is three weeks until the next regular meeting. MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to call the question. Motion to call the question carried, six ayes; Tierney nay. Motion to table remaining items carried; six ayes; Tierney nay. MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adjourn the meeting at 10:12 p.m. Motion carried, six ayes; Tierney nay. eyyXlek Regular Council Meeting July 11, 1994 Page 16 presentation of a proposal for the Planning Commission. He added that he has not thoroughly researched the procedural history on this parcel. Attorney Barnard stated it would take a Council majority vote to refer the issue to the Planning Commission, and a conditional use permit amendment would require a 5/7 vote for approval. Councilmember Helliwell requested that staff provide a report on this issue in a future packet. Robert Pfaffmger, 2235 Zanzibar Lane, stated he does not support any commercial development on this site. Mayor Tierney closed the public hearing at 7:57 p.m. MOTION was made by Councilmember Granath, seconded by Councilmember Edson, to adopt RESOLUTION 94-388 DENYING OFF -SALE INTOXICATING LIQUOR LICENSE FOR WCR LIQUORS INC., D/B/A G -WILL LIQUOR. Motion to deny carried, six ayes. Councilmember Helliwell stated she would like a staff report on the current allowable uses of this site, and procedure for amending the allowable uses. Councilmember Morrison concurred, and stated she would specifically like thelegalissuesaddressed. Director Hurlburt stated that since the liquor license has been denied, she would assume that the site plan application would be withdrawn. MOTION was made by Councilmember Helliwell, seconded by Councilmember Morrison, to direct staff to initiate a review of the allowable use of this site and to include a report on legal issues involved in amending the conditional use permit. Motion carried, six ayes. ITEDVI &A ACQUSITION OF ESS PROPERTY Public Works Director Moore presented the staff report on possible acquisition of the Ess property and the proposed purchase agreement. He stated the property owner has requested that the City purchase the property at this time because the property will be needed in the future if an interchange is constructed Regular Council Meeting July 11, 1994 Page 17 at I-494 and Schmidt Lake Road, and the southerly portion of the parcel is indicated as parkland in the Comprehensive Plan. He stated that the property owner has agreed to accept $549,000 for the purchase of the property. The proposed purchase agreement states that the City would purchase the property over a three year period, but it could be amended by the Council. Mayor Tierney questioned the most recent study conducted for the need for the I-494/Schmidt Lake Road interchange. Director Moore explained that the last study was done in 1982, which was part of the overall County Rod 61 Corridor study. Three interchanges on I-494 were considered as part of that study: County Road 6, Schmidt Lake Road, and Carlson Parkway. The County Road 6 and Carlson Parkway interchanges have been built. The Schmidt Lake Road interchange is not in the five-year Capital Improvement Program, but with ultimate development, there is still a need shown for an interchange at this location. He stated it will be difficult to prove the need for the interchange because it must be shown that there will not be a negative impact on the I-494 system. Manager Johnson stated that the City could conduct an updated study on the need for an interchange at this location. Given that an interchange would cost in the range of $8 million, the cost for the study would be well spent. Councilmember Edson stated he would support a revised study. He questioned the information in the previous traffic study relating to the impacts on Schmidt Lake Road and Zachary Lane. Councilmember Lymangood also questioned the impacts on Pineview Lane. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to table further action on the proposed purchase of the Ess property at I-494 and Schmidt Lake Road until a traffic study is completed, and to direct staff to conduct the traffic study and report back. Larry Liles, 4401 Robin Avenue North, Robbinsdale, represented the property owner and was present to answer questions. Lori Marchiniak, 5205 Yorktown Lane, urged the Council to consider the need for the future interchange before purchasing the site. She supported purchase of the southern 2/3 of the site for parkland, irrespective of what happens with the northern portion. She has been advised that the MnDOT does not believe an Regular Council Meeting July 11, 1994 Page 18 interchange is justified in this location, and she suggested that the Council revise the Thoroughfare Guide Plan to delete this proposed interchange. Ms. Marchiniak stated she is strongly against an interchange. She stated there are about 28 cul-de-sacs and 36 streets that have no outlet from their neighborhoods except via Schmidt Lake Road. She believes that signals will be needed to get access to Schmidt Lake Road, and noted concerns with heavy traffic which causes pollution and noise in the residential areas. Mayor Tierney asked about the timing and cost of a revised traffic study. Director Moore answered that a revised study will take about three weeks to complete and will cost from $2,000 to $3,000. It may cost more to get information on all destinations to and from the roadway. Mayor Tierney stated that there are merits to delaying this purchase if additional information is needed. Councilmember Edson reminded the Council that the City did not initiate this purchase, and the Council needs additional information in order to make a decision. He stated that traffic numbers are substantial and are not consistent or justified in the previous study. Councilmember Helliwell stated she has never supported the construction of Schmidt Lake Road. She believes that it was not good planning to place Schmidt Lake Road through residential neighborhoods and connect it to freeways. She noted there is industrial zoning on one side of the Ess site and no frontage road access. She supports the purchase of the southerly portion of the property for parkland, but will vote to table this item in order to obtain a revised traffic report. Councilmember Helliwell stated she would like Schmidt Lake Road to end at Vicksburg Lane. Councilmember Lymangood requested that the revised study address traffic on Schmidt Lake Road, and the large differences in the previous study on traffic numbers and effects on Zachary Lane, and the County Road 9/I-494 intersection. Mr. Liles stated the property to the north of the Ess property is zoned for industrial use. He suggested that the City purchase the entire Ess parcel since the majority of the property is proposed for use as parkland. He stated that the majority of the northerly portion is environmentally sensitive. It could serve as a buffer from the freeway and connect with the Hennepin County trail system. He stated the property owner is willing to receive the purchase price in one year, rather than over three years, if that is preferred by the Council. Regular Council Meeting July 11, 1994 Page 19 Motion to table carried, six ayes. ITEM 8-B CARLSON REAL ESTATE COMPANY. PRELEMINARY PLAT ITE PLAN AND C.-U.P. FOR SUPER AMERICA STORE (94014) Planning Supv. Senness presented the staff report on the request of Carlson Real Estate Company for preliminary plat, site plan, conditional use permit, and variances located at the southeast corner of I-494 and County Road 6. The application is to create three new building sites for a SuperAmerica convenience store, a fast food restaurant, and a future industrial building. The Preliminary Plat includes replatting the lot on which the CMG building is located. The future industrial lot would not have frontage on an accessible public street. Access would be provided through mutual access easements. She stated the primary issues discussed at the Planning Commission public hearing were traffic concerns at the entrance to the project at County Road 6, whether or not the existing advertising sign should be removed from the site, and if a public trail should be required as part of the project. The Planning Commission's recommendation of approval includes a condition prohibiting left - turns from the driveway onto County Road 6. Subsequent to the Planning Commission meeting, the Minnesota Department of Transportation and Hennepin County have opposed a signal at this location as it is too near the I- 494 access. The recommendation from the traffic consultant is that if left -turns are allowed, that modifications be made and the driveway moved easterly to route traffic to a signalized intersection at Annapolis Lane. Public Works Director Moore explained there are not adequate gaps in the traffic to allow left-tums out of the site. Westbound traffic could make right turns into the site, but he recommended that the driveway be designed so only right -turns are allowed and to prevent left -turns out of the site. Mayor Tierney stated she is concerned that if this plan is approved, the City would be encouraging U-tums at the Annapolis Lane intersection which could be a safety hazard. Director Moore stated that U-turns are permitted on the left -turn signal at an intersection, unless specifically prohibited. Councilmember Helliwell asked how far vehicles will go leaving the site before making the U-turn at the intersection. Regular Council Meeting September 12, 1994 Page 12 consist of 107,000 sq. ft. of warehouse/manufacturing space, and 5,600 sq. ft. of office. The Council approved the development plans for the project on August 1. On August 29, the Council held a public hearing and gave preliminary approval of a request for $6,000,000 of industrial development revenue bond financing for this project. On July 11, the Council gave preliminary approval for $420,000 in tax increment financing (TIF) to help pay for the extraordinary costs of site development for this project. She reported on changes that have occurred since the preliminary approval and recommended approval of the development agreement and the tax increment financing plan. Dan Nelson, Best and Flanagan bond counsel, was present to answer questions. K. Sams, 4310 Rosewood Lane, represented Olympic Steel and requested approval of the tax increment financing plan. Mayor Tierney opened the public hearing at 7:34 p.m. No one appeared, and the hearing was closed. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-554 APPROVING A TAX INCREMENT PLAN AND DISTRICT FOR TAX INCREMENT DISTRICT NO. 7-2 AND AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT WITH OLYMPIC STEEL, INC. Motion carried, seven ayes. ITEM 8-A PURCHASE OF ESS PROPS&TY Public Works Director Moore stated the City's Comprehensive Plan indicates a future interchange at I-494 and Schmidt Lake Road, and the City's Park Plan indicates a future park near this location. The property owner of a 38 acre tract requested that the City consider purchase of their property. Staff and the property owner have arrived at a negotiated amount of $549,000 for purchase of the property. The traffic study update recently requested by the Council has been completed and indicates there will be the need for an interchange at this location due to the congestion of traffic at County Road 9 probably in the years 2010 to 2015. Mayor Tierney asked if the traffic study assumes the completion of Schmidt Lake Road. Director Moore responded that the Transportation Plan shows the completion of Schmidt Lake Road to Peony Lane and that is included in the traffic study projections. Regular Council Meeting September 12, 1994 Page 13 Councilmember Lymangood noted that the Council previously reviewed a traffic study conducted in 1991. He asked if the differences in the projections are due to traffic patterns that have developed since the date of that study and the opening of Schmidt Lake Road. Director Moore stated yes. He said there is still some further projections to be done with respect to employment numbers and commuter traffic. Larry Liles, 4401 Robin Ave. North, Robbinsdale, represented the Ess', owners of the property. He requested that the Council approve the purchase of the property and was present to answer questions. Lori Marchiniak, 5205 Yorktown Lane, requested that the Council conduct a review of the Thoroughfare Guide Plan before this land is purchased. She has no objection to purchasing a portion of the property for the park, but opposes purchase of the remainder of the property. She opposes development that will put additional traffic onto Schmidt Lake Road. Mayor Tierney requested that staff explain the guiding in this area. Community Development Director Hurlburt stated that the southeast corner of Fernbrook Lane and Schmidt Lake Road was reguided about a year ago from industrial to residential. The Ess and Fluidyne sites are guided industrial. The property on the north side of Schmidt Lake Road is guided industrial, and the area further to the north is outside of the MUSA. Ms. Marchiniak also requested that the speed limit on Schmidt Lake Road easterly from Zachary Lane be reviewed. The speed limit in this area is 40 mph, while the remainder of Schmidt Lake Road is 35 mph. She said this is a residential area and should remain as such. Director Moore explained the establishment of speed limits is done by the Department of Transportation. The last study for this area was done about three years ago and a speed limit of 40 mph was established for this segment of roadway. The Council could request that the State reconsider the speed limit, but he cautioned that the State could also make the finding that the speed limit should be increased. Brad Kalin, 5115 Ives Lane North, stated his major concern is the pedestrian crossing of Schmidt Lake road. He stated that County Road 9 and Bass Lake Road are the major east -west roads through Plymouth, and Schmidt Lake Road should not be considered the same type of street. There are numerous stop signs on Schmidt Lake Road as it extends easterly into New Hope, and he asked if there Regular Council Meeting September 12, 1994 Page 14 is liability to the City if they are aware there is a concern and nothing is done. He would like Schmidt Lake Road reverted back to a two-lane street. Maggie Hogan, 12445 50th Avenue North, stated she has lived here about a year. She said that Schmidt Lake Road has very busy traffic and she was unaware an interchange is planned at I-494. She opposes an interchange at this location. Councilmember Edson stated he has some concerns with the traffic study and the volumes from 1991 to the 2015 projections. He stated the Council decided Zachary Lane would be a 2 -lane roadway earlier this year, but the study shows an increase in traffic on Zachary Lane if the interchange is constructed. The projected volumes nearly approach the 1994 volumes between I-494 and County Road 9. He stated that Schmidt Lake Road was not built to the same standard as County Road 9, and homes were not built along Schmidt Lake Road with buffers for that level of traffic. He does not support installation of the interchange, so he won't support the Ess land acquisition. Director Moore explained that the traffic projections are based on land uses from the Land Use Guide Plan. The study uses existing traffic and projects existing traffic into the future. Generally, traffic is increasing about 3 percent per year on major roadways, not considering major development. He stated that construction of the interchange would decrease traffic on Zachary Lane south of County Road 9, and increase traffic from 5,100 to 6,400 vehicles per day north of County Road 9. There would be an increase from 13,000 to 17,000 near Bass Lake Road. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, that the Council does not wish to proceed with the purpose of the Ess property at this time, and to direct the Planning Commission to review the property to determine how to proceed and recommend whether this parcel should be part of the park system as it is not currently contained in the Park Plan as a current or future park. Councilmember Lymangood stated there are three separate issues involved in the motion: 1) to deny the purchase; 2) to direct the Planning Commission to consider the future of this property; and 3) to determine whether this parcel should be part of the City's park system. He would support deciding whether it should be in the park system before the parcel is considered by the Planning Commission. MOTION was made by Councilmember Lymangood, seconded by Councilmember Granath, for division of the motion. Councilmember Anderson withdrew the original motion. Regular Council Meeting September 12, 1994 Page 15 MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to not proceed with the purchase of the Ess property and to direct staff to establish a study session to begin analysis and review of the future of this area. Councilmember Helliwell stated she is not in favor of purchasing the property, but questioned what further would be studied. Councilmember Anderson said the future of the parcel should be considered along with the Thoroughfare Guide Plan review. Councilmember Edson stated the southerly portion of the property designated as a natural preserve has not been placed in the Capital Improvement Program. He questioned the source of funds if a portion of the property were to be acquired. He believes this falls under the review by the Open Space Committee. The Council should also further study the future of this parcel because there is a cloud over this property title as long as the interchange is contained in the Thoroughfare Guide Plan. He suggested that the Council deny the purchase of the site and direct analysis of the need for the open space and park. Park Director Blank explained that the parcel is not contained in the Capital Improvement Program because the City generally acquires property through park dedication. The southerly portion of the site is in the 1992 Park Plan. Mayor Tierney asked about the impact of the Council's recent amendment to the Comprehensive Plan. Director Blahk responded that more residential property was designated which creates more need for parkland. Mayor Tierney asked if the parcel can be developed for an industrial use. Director Hurlburt said the northern portion of the property would be difficult to develop. It has a small frontage on Schmidt Lake Road, most of which is wetland. She said it may be able to be developed if it is combined with or receives access through the Fluidyne property. About a year ago, the Council did not approve access through the reguided Fluidyne parcel because of the mix of industrial and residential traffic that would result. MOTION was made by Councilmember Lymangood, seconded by Councilmember Granath, to divide the motion. Motion carried, six ayes; Anderson nay. The Council considered the first motion to deny the purchase of the Ess property. Regular Council Meeting September 12, 1994 Page 16 Councilmember Lymangood stated that traffic will increase in the future regardless of the action of the Council. The traffic studies show that if the Schmidt Lake Road/I-494 interchange is installed, the amount of traffic on Schmidt Lake Road is projected to decrease. The interchange would cause little change to traffic projections on Zachary Lane, but the Northwest Blvd. traffic is projected to increase. He stated he would like to see a park developed on part of this site, and noted that the Council is not committing to an interchange - only to purchase of the property. Councilmember Morrison stated she is concerned about spending this amount of money for property that "may" be needed in the future; however, she favors purchasing the entire parcel in order to retain all options open. She said it is a certainty that traffic will increase. Land values will also increase and the options should not be limited because the Council could sell a portion of the property later. She supports purchasing property for parkland, and would like to receive additional information on the projected traffic. Motion to not purchase the Ess property carried on a 4-3 vote: Anderson, Helliwell, Granath, and Edson ayes; Morrison, Lymangood, and Tierney nays. Motion to direct study of the future of the site carried, seven ayes. MOTION was made by Councilmember Lymangood, seconded by Mayor Tierney, to direct staff to contact the property owner to determine whether they are interested in selling the southerly portion of the property for park purposes and to investigate financing options. Councilmember Edson stated he will support the motion, but reserves the right to later consider the economics. There are not unlimited funds to purchase parkland and the Council needs to wait for the priorities of the Open Space Committee. He stated that if the Council eliminates plans for a future interchange, the cloud on the title would be removed. The City could then acquire the parkland through park dedication. He asked if the property could be purchased from the TIF district funds. Director Moore stated the interchange was a designated project for TIF funding. He believes that the Council would have to amend the TIF Plan in order to do so. Attorney Barnard agreed that the TIF Plan would have to be amended and he is unsure if parkland could be purchased. Regular Council Meeting September 12, 1994 Page 17 SUBSTITUTE MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to direct staff to investigate options for acquisition of the southerly portion of the Ess site for parkland and wetlands. Motion carried, seven ayes. ITEM 8-B BUDGET AUTHORIZATION AND AWARD OF CONTRACT FOR CITY CENTER EXPANSION Property Management Coordinator presented the staff report on the award of contract for the City Center expansion. He recommended award to Lund Martin Construction in the amount of $2,707,000. Councilmember Anderson asked if the recommended contractor has experience with this type of project, and asked if they will be able to comply with their bid for a completion date that is 100+ days earlier than other bidders. Mike Trossen, Trossen Wright Architects, St. Paul, and Project Architect, explained that Lund Martin Construction has done several similar successful projects, including the City of Crystal and MnDOT maintenance facility. He stated that the contractor is comfortable with their proposed construction schedule contained in their bid. Councilmember Lymangood stated he was initially hesitant on this issue. However, he has toured the office area and believes the expansion is needed. As an example, he noted that Coordinator Tabery's office is 54 sq. ft. of which 18 sq. ft. is open area. MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adopt RESOLUTION 94-555 AWARDING BID FOR CITY CENTER EXPANSION, PROJECT NO. 126, and RESOLUTION 94-556 AUTHORIZING BUDGET FOR CITY CENTER EXPANSION PROJECT, CITY PROJECT NO. 126. Motion carried, seven ayes. ITEM 8-C APPROVE 1995 PRELIMINARY BUDGET AND LEVY Manager Johnson stated that the Council must approve a preliminary budget and tax levy by September 15, 1994. The Council may later reduce this amount. He stated the Council has been reviewing the draft budget for several months. He stated that the draft budget does not propose any City tax increase in the average residential property in Plymouth ($154,000 in value). The levy rate is fiVi COvnct i,wd r.o d:Sc s51 r, PURCHASE t..bPURCHASE r t*e^•% bS.S.r1 .P irv ti The Citi rmoath•.is ...mise to '• ry`.N / ••.}r}. jjNVNeNHNN t N N /•IN..... NNNNUS/Nap... N/{//N./N•MN . NN..•NNINN.N•NNNH•N// N.N4N. oNQH. NNN'NxANIN•NN... N W/. NN.N1i\fN.'/.N •/./S/\.I......I.N iN../M... N. N.N..NNNN.NN../N.t •••/M/•/) f UAIS NM/MH/NNNNNN '•. R//p/ yy.. .... :. . , , '• n die 1.../' •N///M•}'.•.NN•NNN•N.NN.•/NH•••..NNNNN//NLN./M. jN I•N'N'.'.' i M . 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Ess Dir0QtQf of ]GI pis Anvimy/ s _742 L'!Y! r~..~M M 1\!.M __:- _ emr /; r s•.'st1 ATTACHMENT "A" TO PURCHASE AGREEMENT 10-118-22-34-0001 That part of the east 1/2 of the southwest 1/4 of Section 10, Township 118, Range 22, Hennepin County, Minnesota lying east of the west 430 feet thereof and lying westerly of the westerly right-of-way line of Interstate Highway No. 494. Also that part of the west 430 feet of the east 1/2 of the southwest 1/4 lying south of the north 1,089 feet, except road. A ATTACHN4ENT "B" TO PURCHASE AGREEMENT DATED JUNE 7, 1994 10-118-22-34-0001 Total purchase price of $549.000000 payable as follows: earnest MOM -herein paid17.000.000 and $257,500.00 cash on date of closing. Earnest mond $17,000.000 check to: Lawrence G. Liles, Broker At c $37,900.00 check to: Corlett J. Ess and Marian D. Ess husband and wife 54,900.00 check to: John A. Ess Jr. and Florence J. Ess, husband and wife 109,800. 00 check. to: Harold Hytjan, a single person 54, 900.00 check to: Lawrence G. Liles, Broker Installment The balance of $274,500.00 to be paid in three annual installments of 91,500.00 each, along with interest from date of closing at the rate of 7% annually. Payments to be made on or before July 1, 1995, July 1, 1996 and July 1, 1997. Each of the three installment payments to be paid as follows: 50 % to Harold Hytjan 25 % to Corlett and Marion Ess 25 % to John and Florence Ess Deferred payments to be securred by Mortgage. r PAYMENT VOUCHER CITY OF PLYMOUTH CITY HALL - PLYMOUTH, MINNESOTA 55447 Payee Name: Lawrence G. Liles, Broker 4401 Robin Ave. N. Robbinsdale, MN 55422 Federal ID Social Sec. # THE FOLLOWING ARE CHARGES TO YOUR BUDGET Date 6/15/94 Phone # Vendor # DATE TAX I EXPLANATION Ernest money to accompany purchase agreement for Ess property CHARGE ACCOUNT AMOUNT 17,000.00 0.00 FUND ACT. ACCT. I PROJ. SUB -PROD 495 495 830.00 307 Taz TOTAL I 17,000.0o APPROVED DATE 9H 1994 DEPARTMENTAL COPY APPROVED FOR PAYMENT DIRECTOR OF FINANCE DATE 1994 VENDUP 96090 LAWPENME' G. normr-o ivn- HHAWr4, ACCOUNT NUMBER INVOICE DATE INVOICE NUMBER AMOUNT DISCOUNT uu:3uz76 NET AMOUNT A95A9583000307000 06/15/94 PA04J 307 17000.00 0.00 17000.00 DETACH BEFORE DEPOSITING $ 17000.00 9NO FIRST NATIONAL BANK OF WAYZATANo.009092CITYOFPLYMOUTHPLYMOUTHOFFICE 4 ® 3056 'VINEW0013 LANEPLYMOUTH, 55447 PLYMOUTH, MN 55441 75-1426/910 DATE cz CHECK NO,. AMOUNT 9il 6 i gi- A r;'-' -d -- "'4t;'***17000. 00I r , mlSa6 3Aft., y: D EEA , Q6/16/9 A 5551VAN L)0 G. E TS i tI'XL' j' 3ffY'AMNAGER TRUSURER - A IN -4- t'yttk ^N-W`:R 771 11s00909 2110 1:09 10 14 26 71: 3 1 L 0 613 1 A% August 16, 1995 Honorable City Council Members City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Sir/Madam: Thank you for taking time to review this letter. Unfortunately my wife and I are on vacation Labor Day week so we are unable to attend your public meeting on September 5, 1995 regarding Pike Lake. We request this signed affidavit be read and made part of your agenda during the 7 P.M. meeting. . Let me introduce myself, my name is Keith Swenson. I am the Pike Lake representative on Maple Grove's Lake Quality Commission, "LQC". The LQC reports to Maple Grove's city council and advises council on water quality, monitoring and regulatory issues. I've had lake access rights to Pike Lake since June 1, 1988. I have also witnessed the decimation of Pike Lake's water quality and usage. In fact, of the eleven lakes in Maple Grove, Pike Lake now has the worst water clarity of all our lakes. This was first apparent three years ago when a pair of loons stopped frequenting the lake. Loons require good water quality and peaceful nesting habitats in order for them to stay. A few years ago I introduced myself to Ms. Marie Zechmeister who lives on Deerwood Circle in Plymouth. I informed her that I was the Pike Lake representative on the LQC. The main reasons for talking with her were to let her know about the Pike Lake water monitoring we were doing and to drop off and discuss the booklet on Maple Grove's Surface Rules and Regulations. At the time, we agreed that the water quality of Pike Lake was getting worse. Both the cities of Plymouth and Maple Grove agreed to 15 mph daytime and nighttime speed limits. This was agreed to because of the small size of the lake and how that related to boating safety. Because of the 15 mph speed limit, we are happy to report there have been no major personal injury accidents. My question to the City Council Members of Plymouth is: Do you want to be responsible for possibly changing the speed limit of Pike Lake, if Maple Grove also approves the change, which may incur personal injury and/or death to the users of Pike Lake? Pike Lake's size cannot safely support more than a 15 mph speed limit. When it gets right down to it, how important is the ability to go faster at the expense of others safety? Please retain the existing surface rules and regulations. Sincerely, Keith L. Swenson 11520 Red Fox Drive Maple Grove, MN 55369 a,te(* LMAM WTAFNF HENNEPIN COUNTY My Conni. antJm. 31. M To: Cities of Plymouth and Maple Grove From: Red Fox Cove homeowners Red Fox Cove Homeowners Association 11891 Red Fox Drive Maple Grove, Minnesota 55369 August 29, 1995 We, the undersigned, Maple Grove homeowners with deeded access to Pike Lake, request that no change be made to the 15 m.p.h. speed limit currently in effect for the lake. Because our homeowners association comprises the largest private shoreline area on the lake, we feel any negative impact on the lake be would directly affect the quality of life in our neighborhood. We have concerns about safety, noise, aesthetics and environmental impacts. These are detailed on the attached sheet. Name Address 16 -1 -Red Fox Drive I- ( Red Fox Drive 1l -/ '7 Red Fox Drive 171 A Red Fox Drive y J) -77 -" Red Fox Drive 17/7 I Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive 116 Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Dat G '7 5 Name Address Date j (LO C-` Red Fox Drive Red Fox Drive s' Red Fox Drive Red Fox Drive Red Fox Drive J 4.'0 UO 1 (5'0 Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive 1 Red Fox Drive J Red Fox Drive 9 ` Red Fox Drive q — q " 2 Red Fox Drive q `05 Red Fox Drive f t C) Red Fox Drive 2 Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive y Red Fox Drive i 3(o Red Fox Drive s' Red Fox Drive Red Fox Drive Red Fox Drive J 4.'0 UO 1 (5'0 Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive 1 Red Fox Cove Homeowners Association 11891 Red Fox Drive t Maple Grove, Minnesota 55369w.. To: Cities of Plymouth and Maple Grove From: Red Fox Cove homeowners August 29, 1995 We, the undersigned, Maple Grove homeowners with deeded access to Pike Lake, request that no change be made to the 15 m.p.h. speed limit currently in effect for the lake. Because our homeowners association comprises the largest private shoreline area on the lake, we feel any negative impact on the lake be would directly affect the quality of life in our neighborhood. We have concerns about safety, noise, aesthetics and environmental impacts. These are detailed on the attached sheet. Name TO NIVIIWE Address I t Pe d Red Fox Drive It (DAD Red Fox Drive I _E/) Red Fox Drive 18 ©I Red Fox Drive b Red Fox Drive 221 — Red Fox Drive 1-18 Red Fox Drive 8 40 Red Fox Drive if -? o Red Fox Drive Red Fox Drive ff l O Red Fox Drive v j Red Fox Drive 1 R & LI Red Fox Drive Xz Red Fox Drive Date r i • Name Address Date Red Fox Drive 7 7L Red Fox Drive 73 —9, Red Fox Drive 11-)241 r o/ llT--1' Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive i (c Red Fox Drive Red Fox Drive Red Fox Drive X71 Red Fox Drive Red Fox Drive 94 5 1 - It i c7— y—g5 q -c,, - 9 - Vis-- Red Fox Drive J fi Red Fox Drive Red Fox Drive a' Red Fox Drive Red Fox Drive Red Fox Drive X71 Red Fox Drive Red Fox Drive 94 5 1 - It i c7— y—g5 q -c,, - 9 - Vis-- s • Name Address Date C> Red Fox Drive Ic2 Red Fox Drive Red Fox Drive T elle- Red Fox Drive Red Fox Drive Red Fox Drive l Xp Red Fox Drive Red Fox Drive 29n Red Fox Drive 07 Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Name Address Date Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive Red Fox Drive f CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447 DATE: August 29, 1995 TO: Mayor and City Council FROM: Dwight D. Johnson, City Manager SUBJECT: Request for Council Subcommittee on Downtown Plymouth Background: Council member David Anderson has requested this item on the agenda. He would like the Council to create a subcommittee of possibly three Council members to work on the planning for Downtown Plymouth. Discussion: During July and August, staff has been reviewing aspects of the plan, including: 1. The traffic impacts of several alternative land uses in the area 2. More review of the public recreational elements and their location 3. Overall cost of the plan, including phasing options. The traffic study has now been received and staff is beginning to evaluate it. Staff has also been conducting a tree survey and a wetland delineation to help determine what size of public recreational facilities could fit on the City -owned land along Plymouth Boulevard. Finally, staff has started considering some financial scenarios for future public recreational facilities, using our long range financial planning memo from last January as a starting point. This work is also related to the sports facilities committee that has met several times. We believe that all of these elements will be brought together for consideration by the Council or a Council subcommittee later in September. Alternatives: The Council could create a subcommittee or choose to work as an entire Council on the project. If a subcommittee is created, it could consist only of council members, or could also include some Planning Commission members, downtown owners, or members of the general public. IN J Recommendations: The Council must determine if it is comfortable delegating some of the planning work to a subcommittee. If so, the staff would be happy to work with a subcommittee and we recommend that the subcommittee be kept fairly small to form a good working group.