HomeMy WebLinkAboutCity Council Packet 02-28-1994CITY OF PLYMOUTH
AGENDA
REGULAR COUNCIL MEETING
FEBRUARY 28, 1994
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 7:00 p.m.
2. ROLL CALL
3. PLYMOUTH FORUM - Individuals may address the Council
about any item not contained on the regular agenda. A maximum
of 15 minutes is allotted for the Forum. If the full 15 minutes is 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 for future report.
4. PRESENTATIONS AND PUBLIC INFORMATION
ANNOUNCEMENTS
A. Park and Recreation Advisory Commission Annual Report
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 cannot take
official action on items added to the agenda pursuant to the notice
requirements of the Open Meeting Law. _
6. CONSENT AGENDA - These items are considered to be routine and
will be enacted by one motion. There will be no separate discussion
of these items unless a Councilmember or citizen so requests, in which
event the item will be removed from the Consent Agenda and
placed elsewhere on the agenda.
A. Approve City Council Minutes
B. Approve Disbursements
C. Approve maintenance contract for optical scan election
equipment for 1994-5
D. Approve application of James Melling for taxi driver license
E. Approve request of Pilgrim Lane PTA for exemption
from Lawful Gambling License for event on April 14
F. Proclaim Volunteers of America Week, March 6-13
G. Reduce Development Contract Bonds:
1. Swan Lake South Addition (92112)
2. Greenwood Ponds Addition (91057)
3. Bass Creek Business Park Addition (89061)
4. Rockford Estates Addition (93008)
H. Approve reimbursement to developer for watermain
oversizing in Parkers Lake North 2nd Addition/Shenandoah
Lane extension (93067)
I. Approve contract for 1994 Reforestation
J. Resolution for final approval of Industrial Development
Revenue Bond issue for Daily Printing
7. PUBLIC HEARINGS
S. GENERAL BUSINESS
A. Consider adopting ordinance amendment relating to
auto sales in I-1 Zoning Districts (tabled from 2-7-94)
B. Carlson Real Estate Company, Inc. Land Use Guide
Plan Amendment for IP (Planned Industrial) to CR -2
Retail Shopping), Rezoning from I-1 (Planned Industrial
District) to B-2 (Shopping Center Business), and General
Development Plan Amendment located at the southeast
corner of Carlson Parkway and I-494 (93117)
C. Consider safety concerns near Birchview School
D. Consider options for wetland buffer regulations:
Report from Water Quality Committee
E. Approve settlement of labor contract with AFSCME
Council 14 which represents Plymouth maintenance workers
9. REPORTS AND STAFF RECOMMENDATIONS
A. Authorize a K-9 Unit Program for the Police Division
B. Approve consultant for existing land use inventory
C. Study Session Schedule
10. ADJOURNMENT
DATE: February 24, 1994
TO: Dwight Johnson, City Manager
C
FROM: Eric J. Blank, Director, Parks and Recreation
SUBJECT: BACKGROUND ON PARK LAND ACQUISITION ISSUES FOR
FEBRUARY 28 CITY COUNCIL WORK SESSION
1. Acquisition of Additional Playfield Sites
Attached for Council review is a brief history and reports, minutes and resolutions dealing
with the acquisition of park land. In 1990, the City Council updated the Comprehensive
Park and Trail System Component of the Comprehensive Plan. Contained within that
update was the siting of additional athletic facilities on approximately 14 acres north of
County Road 9 and immediately adjacent to Zachary Playfield. Additionally, 50 acres was
identified at the southeast corner of Dunkirk Lane and Old County 9. Subsequently, the
staff brought proposals to the City Council for the acquisition of both of these parcels of
property. Upon review of the estimated costs of these land acquisitions, the Council
directed staff to research and identify alternative playfield sites in northwest Plymouth in
an effort to locate more affordable property. After reviewing three or four possible sites,
the Park and Recreation Advisory Commission finally settled on the land immediately
north of the railroad tracks and west of Peony Lane. The Planning Commission
unanimously approved this site at a public hearing on the Comprehensive Plan amendment
on April 14, 1993. See attached minutes. On May 3, 1993, the City Council acted to
amend the Comprehensive Park Plan to designate this site a future community playfield.
The minutes and resolution are attached for Council review.
The approximately 31 southern acres of this site has been optioned by Builders
Development, Inc., to Lundgren Bros. Homes. Staff has had ongoing conversations with
both of these organizations and has reached a verbal agreement for the City to acquire the
31 acres via park dedication for 21 acres, and the purchase of the remaining 10 acres at
approximately $17,500 per acre. Also during the last six months, the Wayzata School
District has been researching and trying to locate a site for a future secondary school. The
school district has concluded that this same site is their number one priority site because of:
Memo to City Manager
Property Acquisition Issues
Page 2
A) location,
B) the potential for joint cooperation with the City,
C) the availability of sewer,
D) the lower land acquisition cost, and
E) single ownership.
Last week, the City Council may have read in the newspaper the School District has
scheduled a Bond Referendum for May of this year for the purpose of generating funds for
the acquisition of property and the development of a new high school. During the last few
weeks the Superintendent of Schools has been negotiating with Craig Scherber, who owns
the northern 130 acres for the acquisition of this property. At the time of the writing of
this report, it is my understanding that Mr. Scherber has agreed to sell his 130 acres to the
School District,and subsequently,the City of Plymouth at a price of $18,500 per acre.
More information on these negotiations may be available at the Monday night meeting.
The City's needs at this site are 65 acres, at a minimum, to make up for the 50 acres and
14 acres not acquired at other locations throughout the City. The School District also
needs a minimum of approximately 65 acres for the needs of the new high school. This
site is unique in that it should be large enough to accommodate both the City and the
School District's needs and still preserve 25-30 acres of dense woods on the northerly
portion of the site. Based on the information that I have available at this time, I estimate
the City's share of this acquisition (about 80 acres) to be approximately $1,233,000 or
about $15,500 per acre, including land obtained by park dedication.
Staff is recommending that the next step is for the City and School District to draft a
written agreement outlining the terms and conditions of this joint acquisition and site
planning for the park/school. The Superintendent has also requested a joint meeting
between the School Board and City Council in the near future to further review and discuss
this joint project. This has been tentatively set for March 14, at 5:30 p.m., at City Hall.
2. Status Review of West Medicine Lake City Park
The attached grahics show the latest draft master plan for the site. The eight -member
citizen focus group completed their work on Wednesday, February 9, with approval of this
plan. A public meeting has been scheduled for Wednesday, March 2, for further review
and comment on this plan. It is anticipated that the Park Commission will review the plan
at their March 10 meeting, and if it is approved, it will be forwarded to the Council on
March 21.
The status of the acquisition of the three homes in the park is as follows: comprehensive
individual appraisals have been completed on each site by Campbell Appraisals of
Bloomington. Based on these appraisals, tentative offers have been made to each of the
parties. Because each of the families is eligible for relocation costs by both federal and
state law, we have hired the services of an outside consultant, Conworth, Inc., who
specialize in handling relocations. Representatives of Conworth have met this past week
Memo to City Manager
Property Acquisition Issues
Page 3
with each of the families and have made them aware of their rights under the uniform
relocation laws. Two of the families are now starting the process of looking for alternative
housing with the assistance of Conworth. As each of these individual acquisitions proceed,
it will be brought back before the City Council for final adoption. One family has
accepted the City's offer and has made arrangements to purchase a new home in Plymouth.
This purchase agreement may be on the March 7 agenda.
Also attached for Council review is a very preliminary construction estimate on the park
project. Keep in mind that there is no architect under contract to develop any type of
schematic plans for a building in the park at this time.
3. Discussion of Possible Acquisition of Baton Corporation Property
Currently, there is a break in the action in the ongoing issue of the 24 acres lying
immediately east of French Park known as the Baton Corporation property. It is staff's
understanding that there have been some meetings between members of the City Council
and representatives of the current land owners. Staff believes that Council should take this
opportunity to discuss the merits of the different proposals for this property, allowing
individual councilmembers the opportunity to express their thoughts with regard to the
land, and determine if there is a consensus at this time on the Council for a preferred
strategy. Some of the options available at this time are:
A) Do nothing, and wait for the developer to approach the City. This keeps us in a
reactive mood to the developer's proposal. It postpones any decision on the issue, and it
allows the Open Space Task Force the time to complete its work later this year.
B) Approve a development plan if and when the developer submits one that meets a
majority of all of the environmental and ordinance conditions on the property. This keeps
the property on the tax roles generating revenue for the community.
C) Try and negotiate with the developer for a partial or total buyout of the property. This
allows the City to move forward, taking positive actions which could bring this subject to
closure in a reasonable time frame, and possibly leverage a major park acquisition with
help from other parties. The downside of this of course is that the work would be done
prior to the Open Space Task Force completing their work.
In conclusion, staff believes that it would be beneficial for the entire Council to review this
issue at this time, to determine what future action, if any, is desired.
EB/np
Attachments
Agenda Number: L ,6
M
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
TO: Dwight Johnson, City Manager
FROM: Community Development Director Charl 4ST-ell llerud
SUBJECT: AMENDMENT TO PARK AND TRAIL ELEMENT OF COMPREHENSIVE PLAN FOR A
NEW COMMUNITY PLAY FIELD/SCHOOL SITE
DATE: April 27, 1993 For City Council Meeting of May 3, 1993
1. ACTION REQUESTED:
Adopt the attached resolution which provides for approval of amendment to
the Park and Trail Element of the Comprehensive Plan to specify a site in
the northwest quadrant of Peony Lane and the Soo Line tracks as a Community
Play Field location, as recommended by the Parks and Recreation Advisory
Commission and the Planning Commission.
An amendment to the Comprehensive Plan requires a 4/5 vote of the City
Council.
2. BACKGROUND:
At its meeting April 14, 1993 the Planning Commission, on an unanimous vote,
acted to recommend approval of this proposal by the Parks and Recreation
Advisory Commission to designate a site of approximately 150 acres in the
northwest quadrant of Peony Lane and the Soo Line tracks as a potential
Community Play Field site. The scale of the designated site is such that it
could also function as a school site in the same manner as the site that has
previously been removed from the Park Plan at Dunkirk Lane and Old Rockford
Road.
At this time no chane is proposed in the Land Use Guide Plan to designate
this site as "Public Semi -Public". At such time as the City/School District
completes acquisition within this general area for the purposes intended the
necessary Land Use Guide Plan amendments can then be addressed.
Page Two, Park
3. DISCUSSION:
The initial hearing concerning this Comprehensive Plan Amendment was held
March 24, 1993. At that time staff recommended continuance of the hearing
to allow additional review of the concept by the City Attorney with respect
to the "taking issue". In addition the owner of the Elm Creek Golf Course
addressed the Planning Commission during the hearing indicating that it did
not seem appropriate for part of the golf course to be included within the
Community Play Field site.
The City Attorney has advised staff that there should be no legal concern
with designating this site as a Community Play Field in the Park and Trail
Element of the Comprehensive Plan. Since the zoning of the site remains FRD
Future Restricted Development District), the owners of the property
maintain the right to use the property in a number of different ways
regardless of the Comprehensive Plan designation as Community Play Field.
As long as the City does not totally preclude the use of the property there
is no "taking issue".
Prior to the April 14, 1993 continuation of the Public Hearing the Director
of Park and Recreation advised the Planning Commission that it was not the
intent to include a portion of the Elm Creek Golf Course within the
Community Play Field site. Accordingly he provided the Planning Commission
with a revised site graphic which excludes the Elm Creek Golf Course from
the plan amendment consideration. The graphics attached to this staff
report reflect that modification.
5. RECOMMENDATION:
I recommend adoption of the attached resolution providing for an amendment
to the Park and Trail Element of the Comprehensive Plan designating a
Community Play Field/school site at the northwest corner of Peony Lane and
the Soo Line tracks, as recommended by the Parks and Recreation Advisory
Commission and the Planning Commission.
ATTACHMENTS:
I. Resolution to Amend the Park and Trail Element of the Comprehensive Plan
2. Planning Commission Minutes of April 14, 1993 and March 24, 1993
3. Location Map
4. Site Graphics
cc/cd/park)
CITY OF PLYMOUTH
RESOLUTION 93 -
APPROVING AMENDMENT TO THE PARK AND TRAIL ELEMENT OF THE COMPREHENSIVE PLAN
WHEREAS, the Park and Recreation Advisory Commission has reviewed and has
recommended approval of the proposed changes to the Park and Trail System
Element of the Comprehensive Plan regarding the location of Community
Playfield Number 9 and related uses; and,
WHEREAS, the Planning Commission on March 24 and April .14, 1993 held a Public
Hearing on said amendments to the Comprehensive Plan; and,
WHEREAS, the City Council has reviewed and finds the proposed changes to the
Comprehensive Plan to be appropriate for future planning purposes.
NOW, THEREFORE, BE IT HERBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that the proposed changes to the Park and Trail Element
of the Comprehensive Plan are hereby approved as contained in a report to the
Planning Commission dated March 19, 1993, subject to submittal of the
amendments to the Metropolitan Council for review per State Law.
Adopted by the City Council on May 3, 1993.
res/cc/park
Planning Commission Minutes
April 14, 1993
Page 59
CR -2 guiding on the site that abuts low density /iaery sm and will limit
what type of business could be placed on that sit
Commissioner Albro stated that in many instancindustrial and retail
businesses have petitioned the City for lower taxburden to the citizens.
Therefore he said he did not feel the issue of taxthe immediate
development of this site was relevant. He statedhis is a prime location
for development as currently guided.
MOTION by Commissioner Wigley, st
Use Guide Plan Amended requested by
from IP to CR -2 for a Wal-Mart at tlo
subject to the 3 findings for denial
J
o
by Commissioner Witt to deny the Land
i Real Estate Company for reguiding
ist corner of Carlson Parkway and I-494,
in the March 19, 1993 staff report.
MOTION to Amend by Com ssioner Wigley, seconded by Commissioner Witt to add
2 findings to the reason for enial: 1) little if any benefit accrues to the City; and, 2)
the proposed reguiding significantly impact the neighbors, more so than the IP
guiding, because of ' eased traffic, timing of traffic and noise.
Roll Call Vote opoOMotion to Amend. 5 Ayes. MOTION carried unanimously.
Roll Call VA on Main Motion. 5 Ayes. MOTION carried on a 5-0 vote.
CITY OF PLYMOUTH PARK AND TRAIL SYSTEM ELEMENT.
Chairman Stulberg introduced the request by the City of Plymouth for Amendment to
the Park and Trail Element of the Plymouth Comprehensive Plan regarding the
relocation of a community play field.
Associate Planner Keho reviewed the April 9, 1993 staff report. Associate Planner
Keho stated that a revised map was placed on the table for the Commissioners before
the meeting which eliminates the southwest comer of the site as being a part of the
proposed play field.
Director Dillerud stated that he had discussed this proposal with the City Attomey and
was told that the City could go ahead with the Park Plan change without concern with a
possible "taking".
Chairman Stulberg opened the Continuation of the Public Hearing.
Chairman Stulberg introduced Mr. Mike Klatte, of 18515 County Road 24.
Planning Commission Minutes
April 14, 1993
Page 60
Mr. Klatte stated he was happy to see the revised map as the portion eliminated from
the proposed site for a community play field is owned by the Elm Creek Golf Course;
as he had stated at the March 24, 1993 meeting.
Chairman Stulberg introduced Ms. Betty Baer.
Ms. Baer asked if this park will be active or wild life, just a play field or something
other. She asked if the gravel road on Peony Lane to the site will be upgraded.
Chairman Stulberg closed the Public Hearing.
Director Dillerud explained the play field use as being a ball park, with lights. He said
this is a long range plan, and it will be many years before it is a play field. He said it
could even be a combined school/play field. He said that Peony Lane would have to be
upgraded and paved, as it is a major roadway in the future plans for the City. He said
the City would probably pick up most of the costs for this road. He said the railroad
crossing would have to be addressed also, possibly as an elevated crossing.
MOTION by Commissioner Wigley, seconded by Commissioner Albro to recommend
approval of the request by the City of Plymouth for an Amendment to the Park and
Trail System Element of the Comprehensive Plan regarding the location of a
Community Play field at the northwest corner of Peony Lane the Soo Line Railroad.
Roll Call Vote. 5 Ayes. Motion carried on a unanimous vote.
ORRIN TRONIPSON HOMB (92115)
Chairman Stulbe introduced the request by Orrin Thompson Homes for a RPUD
Concept Plan; Pre ' ary Plan/Plat and Conditional Use Permit; Rezoning from FRD
to R-lA and R-2 of a .5 acre site for a 173 single family unit and 86 twinhome unit
development; and a Subdt 'sion Code Variance for cul-de-sac length, located at the
southeast corner of Old Roc rd Road and Dunkirk Lane.
Associate Planner Keho reviewed April 8, 1993 staff report. He explained some
revisions to the staff report that were h ded out to the Commissioners before the
meeting.
Commissioner Wigley asked what the underlyin iding was for this site.
Associate Planner Keho responded that the underlying 'ding was LA -1 and LA -2.
Chairman Stulberg introduced Mr. Greg Frank representing thb petitioner.
L AT10 ii t
PROP O EDCIT
CITY OF PLYMOUTH
RESOLUTION 93-220
APPROVING AMENDMENT TO THE PARK AND TRAIL ELEMENT OF THE COMPREHENSIVE PLAN
WHEREAS, the Park and Recreation Advisory Commission has reviewed and has
recommended approval of the proposed changes to the Park and Trail System
Element of the Comprehensive Plan regarding the location of Community
Playfield Number 9 and related uses; and,
WHEREAS, the Planning Commission on March 24 and April 14, 1993 held a Public
Hearing on said amendments to the Comprehensive Plan; and,
WHEREAS, the City Council has reviewed and finds the proposed changes to the
Comprehensive Plan to be appropriate for future planning purposes.
NOW, THEREFORE, BE IT HERBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that the proposed changes to the Park and Trail Element
of the Comprehensive Plan are hereby approved as contained in a report to the
Planning Commission dated March 19, 1993, subject to submittal of the
amendments to the Metropolitan Council for review per State Law.
Adopted by the City Council on May 3, 1993.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City
of Plymouth, Minnesota, certifies that I compared the foregoing resolution
adopted at a meeting of the Plymouth City Council on 14ay 3 1993 , with
the original thereof on file in my office, and t e same is a correct
transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the
City this 19th day of May 1993
City Clerk
res/cc/park
Regular Council Meeting
May 3, 1993
Page 2
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to approve the agenda as amended.
Motion carried on a roll call vote, five ayes.
ITEM 6 CONSENT AGENDA
Items 6-A, 6-13, and 6-C were removed from the Consent Agenda.
Councilmember Vasiliou requested that a nay vote be cast for her on Item 6-S.
MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman,
to approve the Consent Agenda as amended. x
Motion carried on a roll call vote, five ayes.
6-A APPROVE CITY COUNCIL TUTES
Councilmember V iliou state/thCouncilmember Helliwell had voted nay on
Item 6-O of the Apri 19 minuse it related to Schmidt Lake Road;
however, the item actu ly refNorthwest Blvd.
Councilmember Helliwell Xted her original nay vote can stand.
Councilmember Vasiliradde the language "providing the previous City
Attorney bills were a ed as 11" to Page 22 of the April 19 minutes. She also
changed the word " rged" to "su ested" in the second paragraph of Page 23,
April 19 minutes.
MOTION was Vade by Councilmemb r Vasiliou, seconded by Councilmember
Edson, to appy ve the City Council min es of the April 5 Study Session and the
April 19 Regu r Meeting as amended.
Motion carried -on a roll call vote, five ayes.
ITEM 6-B AMENDMENT TO COMPREHENSIVE PLAN TO RELOCATE
COMMUNITY PLAYFIELD AT PEONY LANE AND SOO LINE RAILROAD
Councilmember Vasiliou stated the Council recently received a memo from the
City Manager regarding a meeting with School District 284 representatives. The
memo indicated that the future City Community Playfield site and the School
District site are being considered independent of each other. However, the staff
Regular Council Meeting
May 3, 1993
Page 3
report on the proposed amendment to the Comprehensive Plan to relocate the
Community Playfield at Peony Lane and the Soo Line Railroad indicates that the
sites may be the same.
Manager Johnson stated it is still a possibility that the school district and City
could purchase a joint site; however, they are purchasing separately at this time.
Councilmember Vasiliou suggested that future issues relating to this Community
Playfield refer only to the City site. She asked if the City has communicated with
the owners of Elm Creek Golf Course regarding this proposal. She noted that
many Plymouth residents are inquiring about passive uses in this area and asked
that staff and the Park and Recreation Advisory Commission consider this.
Community Development Director Dillerud stated Elm Creek Golf Course
representatives attended the public hearing on this item. The proposed amendment
does not include any property owned by the Elm Creek Golf Course.
MOTION was made by Councilmember Vasiliou, seconded by Councilmember
Edson, to adopt RESOLUTION 93-220 APPROVING AMENDMENT TO
THE PARK AND TRAEL ELEMENT OF THE COMPREHENSIVE PLAN,
regarding the relocation of a Community Playfield for property located at the
northwest corner of Peony Lane and the Soo Line Railroad.
Motion carried on a roll call vote, five ayes.
ITEM 6-C ORRIN THOMPSON HOMES. RPUD CONCEPT PLAN, PREL.
PLAN/PLAT. CUP. REZONING, SUBD. CODE VARIANCE (92115)
Community Development D ctor Dillerud st ed the Planning Commission
recommended approval of the quest of O Thompson Homes for Residential
Planned Unit Development Con ept Plan;eliminary Plan/Plat and Conditional
IUsePermit; and, Rezoning from to -A and R-2, located at the southeast
corner of Old Rockford Road and u k Lane. The proposal is to develop a
110.5 acre site into 173 single famil detached units and 86 twinhome units,
including a Subdivision Code Varian for cu] -de -sac length. The Council
previously denied an earlier design for is site. That denial action was primarily
based on the then proposed location for he twinhome units at the northerly
extremity of the site, adjacent to Old Ro ord Road and Dunkirk Lane.
The new PUD differs from that hich was eni
twinhome units from 104 to $6 and relocati
Plymouth Creek. The plan etains one tier o
the creek. Director Dille d stated that severa
twinhomes being north o the creek in the ne
ed by reducing the number of
the majority of the units south of
nhome units immediately north of
residents objected to the
w sign. The Planning Commission
11
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: April 9, 1993
TO: Plannin C sion
FROM: Chucki , Community Development Director
SUBJECT: AMEND14ENT TO PARK AND TRAIL SYSTEM ELEMENT OF THE COMPREHENSIVE PLAN
AND LAND USE GUIDE PLAN
At the March 24, 1993 Planning Commission meeting the Planning Commission
discussed this proposal to designate approximately 150 acres of land located
generally north of the Soo Line Railroad and west of Peony Lane as a site for
a new Community Playfield. The discussion revolved around three main areas.
The first was the fact that the notification for this Public Hearing was not
adequate. The City has since renotified all property owners within 500 feet
of this Public Hearing.
The second item discussed was regarding the actual action the Planning
Commission would be taking on this item. The question was whether this was an
amendment to both the Park and Trail Element of the Comprehensive Plan and the
Land Use Guide Plan; or, just an amendment to the Park and Trail Element of
the Comprehensive Plan.
We have contacted the City Attorney regarding the appropriateness and legality
concerning both an Amendment to the Park and Trail Element of the
Comprehensive Plan, and, an Amendment to the Land Use Guide Plan. The City
Attorney has indicated that if the property can be used for uses other than
the proposed Community Playfield it. would be appropriate to prepare both an
Amendment to the Park and Trail Element of the Comprehensive Plan, and, an
Amendment to the Land Use Guide Plan. The City Attorney's response is
attached.
Under the City's Land Use Guide Plan, private recreational uses are permitted
in Public/Semi-Public and Open Space land use category; and, under the
existing zoning of FRD (Future Restricted Development) several uses are
permitted.- A portion of this site is currently owned and developed as the Elm
Creek Golf Course.
It is also important to note that while a large area is being proposed to be
designated for the Community Playfield, the plan does not specifically state
that all the land shown under this designation will actually be used for the
proposed Community Playfield. In fact, this large area is contemplated to
serve both the City's park needs and as a school site for the Wayzata 284
School District.
Page Two, Park
The third item discussed at the March 24, 1993 Planning Commission meeting was
raised by one of the property owners of the Elm Creek Golf Course, Inc. He
indicated that a portion of the land shown for the proposed Community
Playfield was owned by the Elm Creek Golf Course and asked if the drawing
accurately reflected the Park and Recreation Commission recommendation. In
discussion with the Park and Recreation Department, it has been determined
that this property is in fact included in the proposed designation for a
Community Playfield.
In conclusion, it would appear to be appropriate to Amend the Park and Trail
Plan Element of the Comprehensive Plan to show this site as a location for a
Community Playfield; and, to reguide approximately 150 acres of land from LAR
Living Area Rural) to Public/Semi-Public for a Community Playfield. Since
however our adjoining property owner notices referenced only the Park and
Trail Element and recommend our.action be limited to that element alone at
this time.
sr:pc/jk/park4-14)
CITY OF PLYMOUTH
RESOLUTION 93 -
APPROVING AMENDMENT TO THE PARK AND TRIAL ELEMENT OF THE COMPREHENSIVE PLAN
WHEREAS, the Park and Recreation Advisory Commission has reviewed and has
recommended approval of the proposed changes to the Park and Trail System
Element of the Comprehensive Plan regarding the location of Community
Playfield Number 9 and related uses; and,
WHEREAS, the Planning Commission on March 24 and April 14, 1993 held a Public
Hearing on said amendments to the Comprehensive Plan; and,
WHEREAS, the City Council has reviewed and finds the proposed changes to the
Comprehensive Plan to be appropriate for future planning purposes.
NOW, THEREFORE, BE IT HERBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH; MINNESOTA, that the proposed changes to the Park and Trail Element
of the Comprehensive Plan are hereby approved as contained in a report to the
Planning Commission dated March 19, 1993, subject to submittal of the
amendments to the Metropolitan Council for review per State Law.
Adopted by the City Council on
res/cc/park
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447
DATE: February 8, 1993
TO: PRAC
FROM: Eric J. Blank, Director of Parks and Recreation CSL/
SUBJECT: AMENDMENT TO PARK PLAN - PLAYFIELD SITE 9
In 1990, the Park and Recreation Advisory Commission and the City
Council amended the city's comprehensive park and trail plan to
meet the requirements of the Metropolitan Council. Numerous
amendments were made to the plan at that time in order to reflect
the changes that had taken place in the community since the
Plan's development in 1980. One of those changes was the
identification of a future'• community playfield of approximately
50 acres in size at the southeast corner of Dunkirk Lane and
Rockford Road (Graphic W. This property had been guided for
many years public/semi-public in the City's land use guide plan.
Therefore, the park designation on top of semi-public guiding
made good planning sense.
Just prior to the park plan amendment, U.S. Homes acquired 102
acres of property lying immediately east of Dunkirk Lane, which
included this 50 acres. U.S. Homes approached the City at that
time requesting that the guiding be changed from public/semi-
public to residential. The City chose not to reguide the
property at that time, thus leaving the current guiding and the
park designation on the property.
Subsequently, U.S. Homes approached the City and indicated their
willingness to sell the 50 acres to the City. The City secured
an appraisal of the property and U.S. Homes secured an appraisal.
The two appraisals were vastly different in their value and
efforts to negotiate a purchase of the property were
unsuccessful.
In 1992, U.S. Homes brought forth a development plan showing this
property to be residential in nature. The City Council gave
tentative approval to the residential development of this
property, contingent on the City amending the comprehensive park
plan to delete the designation of playfield on this site and
identify an alternative site within the community.
After months of research and review, staff has found what we
believe to be a very good alternative playfield site located at
the northwest intersection of the Soo Line Railroad and PeonyLane. There's approximately 150 acres of property in two
ownerships, from which the City should be able to adquately site
a community playfield. The attributes of the site are: the
southern border is a railroad track, which will prohibit single
family homes, the west border is Elm Creek golf course, the east
border is Peony Lane, and the north boundary is heavily wooded.
The site has good north -south road access via Co. Rd. 101 and
east -west access via the future Schmidt Lake Road, which will
intersect Peony Lane just south of the railroad tracks.
A portion of the northerly 40 acres of the site is already in the
City's comprehensive park plan as a future neighborhood park.
This is shown on Graphic #2 as cross marked. The topography ofthepropertyisgenerallyflatandiscurrently, for the most
part,: being used as cornfield. There are areas of trees that
would make picnicing a viable option in the development of the
park.
RECOMMENDATION: I recommend that the Park and Recreation
Advisory Commission recommend to the Planning Commission that
they hold a public hearing to amend the Comprehensive Park Plan.
Step one would be the removal of the designation of park on the
SO acres located at the intersection of Dunkirk Lane and Rockford
Road. Step two would be the designation of future park on
approximately 150 acres of property located generally north oftheSooLineRailroadandwestofPeonyLaneasshownonthe
attached graphic #2.
After the Planning Commission has held the public hearing on this
matter, a recommendation would be forwarded to the City Councilforreviewandaction. Final approval must come from the
Metropolitan Council.
EB/np
Attachments
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SUN SHELTER/BENCH
OIPROVED IA BORE VEGETATION
SEASONAL BOAT/ICE HOUSE ACCESS
BIKE TRAIL
PEDESTRIAN TRAIL
PICNIC SHELTERS
PARKING FOR 05 CARS
BOAT DOCKS
COMMUNITY BUILDING WITH DECK
PARKING TURN AROUND/DROP-OFF
FOCAL POINT WITH SCULPTURAL KIEWZN
PLAYGROUND
CONCRETE OR STONE BEACH WALL
LARGE PICNIC SHELTER
REACH MODIFIED TO A 1-0' DEPTH
PICNIC SHELTERS
COUNCIL RING
FISHING DOCK
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BIKE TRAIN.
NEW IBM AVE. ALIGNMENT
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02: 22: 94 11:53 FAX 612 332 61111 BARTON-ASt:HMAN
WEST MEDICINE LAKE PARR PLYMOUTH, MINNESOTA
rt rmrNA'ZY CONI'TPUCTION COST ESTIMATE 2.18.94
ITEM I QTY UNIT UNIT PRICE TOTAL COST
STRUCT[IRES i 1. .. __
Picnic Shcltcr 400 S
Lar c Picnic Shelter 2500 SF
4
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15,000.00
30,000.00
560,000.00
30,000.00
interpretive Kiosk 1 LS 15,000.00 15,000.00
Community Building 6.000 SF , $10 /SF) 1 LS 5600,000.00 600,000.00
Bluestone Patio 1,800 SF S16.00 28,800.00
JPlay Structure 3800 SF I LS S65.000.00 65.000.00
goat Dock 1 LS 20,000.00 520,000.00
FishinR Piet 1 LS DNR To Provide
Main Kiosk (400 SF) 1 EA S12,800.00 12,800.00
mall Kiosk 100 S 2 EA 53,200.00 6,400.00
Sun Shelter (200 SF) 1 EA. 6,400.00 56,400.00
Entrance Sin 1 LS 5.000.00 5,000.00
Sieagc 1 LS 5,000.00 5.000.00
Sculptural Element
Council Rin (40' dia.)
1
314
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SF
50.00
25.00
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17.850.00
Roadway Crossin& PI ouch Crock 1 LS 100,000.00 S100,000.00
Pedestrian Bridge to cross Plymouth Creek 1 LS 35,000.00 535.000.00
Viewing Blinds (4) 1 LS 515,000.00 515,000.00
Retainin& Wall at Beach 2,300 SF S13.00 29,900.00
rnnis Courts (Double Court) 1 LS 40,000.00 540,000.00
Bituminous Parking Lots with Curbs 14,000 SY 20.00 280,000.00
Beach (24" depth) 4,400 CY 10.00 544,000.00
Sand Voll ball Court ( l 8" depth w/ cd c) 1 LS 58,000.00 8,000.00
Concrete Plazas 6,000 SF 2.50 15,000.00
Bikc Trail 12' wide) 2,500 LF 11.00 527.500.00
Bike Trail 8' wide 5,300 LF S8.00 42,400.00
Pcdcstrian Trail (6' wide) 9,400 LF 7.00 65,800.00
Woodchip Path 3,200 LF 55.50 517,600.00
Floating Boardwalk 700 LF 1 LS 32,000.00 32,000.00
Two Lane Road 630 LF 5130.00 81.900.00
Two Lane Road with 16' Widc Median 2,000 LF S200.00 400,000.00
I/2" Cal. Deciduous Tree 135 EA S300.00 540,500.00
6' Ht. Condiferous Trees 65 EA 275.00 517,875.00
Wildflower Sccdin 2 Acres) 1 LS 54.000.00 4,000,00
Sod 10,000 SY 2.00 20,000.00
Bituminous Pavement Rcmoval 8,300 SY 2.50 20,750.00
Concrete Curb and Gutter Removal 2,200 LF 2.50 15,500.00
Clearing and Grubbing (4 Acres) 1 LS 2,000.00 52,000.00
Siu Grading 1 LS 580,000.00 S80,000.00
Lakeshore Improvements 1 LS 510,000.00 510,000.00
Enhance E)dsting Wetland (Dredging) 600 CY I 510.00 6.000.00
Prairie Restoration 3 Acres 1 LS 510,000.00 510.000.00
Wetland Miti ation (GT&ding and Seeding) 4 ACRE S7.500.00 30,000.00
UTILITIES . .
Trail Lighting 40 EA 52,000.00 80,000.00
Road and Parking Lot Li htin 55 EA 3,500.00 5192.500.00
ester 1 LS 55,000.00 5,000.00
Sewrr 1 LS 5.000.00 5.000.00
Corm Scwcr I LS 5200,000.00 200,000.00
Phone, Gas, Electric 1 LS 10,000.00 S10,000.00
Relocate Overhead Utilities 50.00
Total Estlmated Cormtr-uction Coat plux 15% Contin gencyl 3,360,796.25
TERNATTVES, '.
Two Lane Road w/o median 2,000 LF 5130.00 260,000.00
Does not include enginering, legal and administrative costs. The estimate is based on the conceptual plan.
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DATE: February 23, 1994
TO: Dwight Johnson, City Manager
FROM: Fred G. Moore, Director of Public Works
SUBJECT: FEBRUARY 28, 1994
CITY COUNCIL FORUM
CURTIS J. OLSON
18215 19TH AVENUE
In December the City Council received a letter from Curtis J. Olson of 18215 19th
Avenue concerning traffic problems on 19th Avenue within the Imperial Hills area. The
City Council invited Mr. Olson to attend the February 28 Forum to address the City
Council on these issues.
For City Council and your information, I am attaching a copy of a memorandum from
Dan Faulkner, City Engineer, on a traffic evaluation done in this area in 1989. His
memo also outlines the additional signing improvements completed as a result of the
traffic evaluation. I am providing this as background information on this matter.
attachment
DATE: February 23, 1994
TO: Fred G. Moore, Director of Public Works
FROM: Daniel L. Faulkner, P.E. , City Engineer
SUBJECT: RESPONSE TO DECEMBER 14, 1993 LETTER TO JOY TIERNEY FROM
CURTIS J. OLSON
18215 19TH AVENUE
In Mr. Olson's letter he indicates that he has been a resident at this address for 25 years and
indicates that over the years he and his neighbors have observed several accidents and near
misses along the segment of 19th Avenue/Urbandale Lane adjacent to his residence. He states
that the problem is speeding traffic through the neighborhood and concludes that his many
discussions between neighborhood residents and City officials have resulted in no action being
taken. In conclusion, he states that safety can be increased by:
1. A four-way stop at 20th and Urbandale
2. A reduced speed limit from Peony to 20th Avenue
3. More caution signs indicating walkers, dangerous curves, and high risk area
4. Radar traps where the Police are not visible
In response to Mr. Olson's statements, I am attaching a copy of an October 20, 1989 traffic
study prepared by Strgar-Roscoe-Fausch, Inc. entitled Peony Lane/Urbandale Lane - CSAH 6 to
26th Avenue - Evaluation of Traffic Operations. This was a study requested by the Engineering
Division in response to the concerns of neighborhood residents in the Imperial Hills area
concerned with speeding along this minor collector roadway. While this study did not attempt
to verify if there was a real speeding problem, it did recommend traffic control changes to
improve traffic control through the neighborhood area. The recommendations include:
1. Adding a northbound bike crossing sign south of 17th Avenue to complement the
in-place southbound sign.
SUBJECT: RESPONSE TO DECEMBER 14, 1993 LETTER TO JOY TIERNEY FROM
CURTIS J. OLSON
February 23, 1994
Page Two
2. There is a city park entrance on the west side of Urbandale Lane between 19th
and 20th Avenue and the preferred recommendation was to provide a striped
crosswalk with crosswalk signs at the actual crossing and also in advance of the
crossing as required by the Manual on Uniform Traffic Control Devices.
3. Install winding road signs with advisory speed plates of 20 m.p.h. on Shadyview
Lane on both ends of the winding section.
4. Install double right angled turn signs with advisory speed plates of 25 m.p.h. on
either end of the curved section through 19th Avenue.
The report also mentioned additional optional measures including striping the marked bike trail
along the edge of the roadway and posting a legal 25 m.p.h. speed limit in this area. This
optional measure was not recommended though, as there would be a problem with a
noncontinuous speed limit in the area where the bike trail is discontinuous along the route thus
requiring the speed limit to increase to 30 m.p.h. and causing driver confusion.
Another optional measure would be to add stop signs at several locations along the route to
slow" traffic down. The report indicates several problems with this attempt to slow traffic and
it was not recommended. The report did indicate that if circumstances do eventually dictate that
stop signs be installed somewhere along the route from 26th Avenue to County Road 6 then an
All -Way" stop could be considered at the intersection of 20th Avenue and Urbandale Lane.
Shortly after the completion of the attached traffic study, the City's Street Division did install all
of the recommended signage. Over the past few years I have received a few phone calls from
concerned residents along Peony Lane/19th Avenue. I provided them copies of the City's
traffic study and suggested they work with the City's Police Department in organizing a
neighborhood watch type program to educate the homeowners within the neighborhood about
the safety problems with speeding traffic.
I have also recently received a copy of all reported accidents along Peony/ 19th
Avenue/Urbandale Lane/Shadyview Lane between County Road 6 and 26th Avenue from Barb
Cox of the Police Department. The report lists all accidents in this area from 1990 through
1993. In 1990, there were a total of four reported accidents with three apparently being in the
area of Mr. Olson's concern near 19th Avenue and Peony Lane. The fourth accident was on
Shadyview Lane at the north end of the roadway segment. In 1991, there were two reported
accidents both at 19th and Peony. In 1992, there were two reported accidents, one at 20th
Avenue and Urbandale Lane and the other on Shadyview Lane at the north end of the roadway
segment. In 1993, there was one reported accident on 19th Avenue north of Peony Lane.
SUBJECT: RESPONSE TO DECEMBER 14, 1993 LETTER TO JOY TIERNEY FROM
CURTIS J. OLSON
February 23, 1994
Page Three
In conclusion, while there may be a speeding problem along Peony Lane/19th
Avenue/Urbandale Lane, the number of reported accidents appears to have decreased in the past
few years. Whether this is a result of the additional signage installed as recommended by the
traffic study, I am not sure. With only one accident reported in a four year period at Urbandale
Lane and 20th Avenue, I do not feel that an "All -Way" stop is warranted at this intersection at
this time. While an "All -Way" stop at this intersection would tend to slow traffic in the
immediate vicinity of this intersection, traffic studies indicate that speed actually increases after
motorists leave what they feel is an unwarranted stop. In this instance where the existing
problem appears to be south of the 20th Avenue and Urbandale Lane intersection, if an "All -
Way" stop were installed at that location, the problem as mentioned by Mr. Olson may actually
worsen.
attachments
SRFSTRGAR-ROSCOE-FAUSCH, INC.
CONSULTING ENGINEERS
TRANSPORTATION CIVIL STRUCTURAL PARKING LAND SURVEYORS
MEMORANDUM
TO: Dan Faulkner, P.E.
City Engineer
City of Plymouth
FROM: Dennis Eyler, P.E
Principal
DATE: October 20, 1989
File No. 0891275
1920ee
SUBJECT: PEONY LANE/URBANDALE LANE - C.S.A.H. 6 TO 26TH AVENUE -
EVALUATION OF TRAFFIC OPERATIONS
At your request I have reviewed the traffic operations along this
roadway. You had stated that the residents of this area felt
that speeding was the principal traffic operations problem. You
had asked if anything could be done to control speeds through the
area (Figure 1).
As a result of the field review I note the following items
Figure 2):
1. There is a bike crossing sign located northbound at the
curve from 19th Avenue onto Urbandale Lane. There is no
corresponding southbound sign.
2. There is a bike crossing sign located southbound just north
of 18th Avenue. There is no corresponding northbound sign.
3. The series of curves along Troy Lane cannot be comfortably
driven at speeds much above 20 miles per hour.
4. The curves connecting Peony Lane with Urbandale Lane via
19th Avenue cannot be comfortably driven at speeds much
above 25 miles per hour.
5. There is a neighborhood park entrance on Urbandale Lane at
19th Avenue.
Suite 150, One Carlson Parkway North, Minneapolis, Minnesota 55447
612/475-0010 FAX 612/475-2429
Dan Faulkner, P.E. - 2 - October 20, 1989
In addition to these observations it should be noted that this
roadway is classed as a minor collector in Plymouth's
Thoroughfare Plan.. Traffic volumes are likely to be greater than
a typical residential street and speeds will be at the legal
urban limit of 30 miles per hour. The function of such a
collector would be to serve as the principal route for travel to
and from this neighborhood.
I then looked at the overall street pattern in this part of
Plymouth to see if this route might be used by "outside" traffic
cutting through the area. The only location where there would be
any incentive for a driver to do this would be if southbound Co.
Rd. 101 traffic heading for westbound Co. Rd. 6 were to use 19th
Avenue and Peony Lane to bypass congestion at the traffic signal
at 101/6. This does not appear to be happening, however.
If however, speeding is in fact a problem, then it is likely that
the speeding vehicles are either the residents themselves or
their visitors. Often in cases such as this, it is younger
drivers that are the likely offenders. The hours when speeding
by younger drivers is likely to occur are in mid afternoon after
school, typically around 3 P.M. Unfortunately that time of the
day is when police departments have shift changes and officers
are not readily available to patrol such areas.
There are some positive steps, however, that can be taken to
improve the traffic control through this area. I have listed
those recommendations below, in order of relative priority.
RECOMMENDED TRAFFIC CONTROL CHANGES (FIGURE 3)
1. Add a northbound bike crossing sign south of 17th Avenue to
complement the in place southbound sign.
2. At the entrance to the park, add a southbound bike crossing
sign to match the northbound sign. An alternate solution and
perhaps a better solution, would be to provide a striped
crosswalk with crosswalk signs at the actual crossing and
also in advance of the crossing as required by the Manual On
Uniform Traffic Control Devices. Edge lines could also be
striped through the area of the park entrance to reduce the
apparent width of the roadway which would promote driver
attentiveness.
3. Install winding road signs with advisory speed plates of 20
miles per hour on Troy Lane on both ends of the winding
section.
Dan Faulkner, P.E. - 3 - October 20, 1989
4. Install double right angle turn signs with advisory speed
plates of 25. miles per hour on either end of the curved
section through 19th Avenue. Right angle, rather than
curve, signs are to be used where the safe speeds of the
curves are below 30 miles per hour.
OPTIONAL ADDITIONAL MEASURES
1. Those sections of this roadway that carry the marked bike
trail could be striped along the edge of the roadway for
that bike trail and posted with a legal 25 mile per hour
speed limit. This is allowed under Minnesota law and would
be similar to what is in place along Ridgemount Avenue on
the Plymouth/Minnetonka border. There is a problem with
this proposal, however. That problem is that the bike trail
is not continuous along the entire Peony/Urbandale route.
Short 25 MPH zones would therefore be connected by 30 MPH
zones. This could lead to driver confusion and enforcement
problems.
2. I am certain that there are residents in this neighborhood
that feel that a good solution would be to add stop signs at
several locations along the route to "slow" traffic down.
Speeds do, of course, drop in the immediate vicinity of the
stop signs, but overall traffic speeds through the area
would increase as drivers attempt to make up the time wasted
at the stop signs. In addition noise levels increase, rear
end accidents and pedestrian accidents increase (false sense
of security for the pedestrians) pollution increases and
vehicle operating costs increase. If you desire, I can
provide copies of several studies done throughout the
country that back up these statements.
I can also point out that if the existing speed limits are a
problem to enforce, then stop sign compliance would also be an
enforcement problem.
If circumstances do eventually dictate that stop signs be
installed "somewhere" along this roadway, then I would suggest
that "All Way Stops" perhaps could be used at the Urbandale Lane
and 2.pth Avenue intersection. This is the one four -legged
intersection in the area and is the focal point for the local
roadway system. In addition, it is near the mid -point of the
route and therefore would inconvenience only those drivers making
the longer trips on this collector roadway.
Dan Faulkner, P.E. - 4 - October 20, 1989
Other measures that would require roadway modifications could
also be considered. These include installing "chokers" with the
use of curbing to narrow the roadway to the- minimum width
required for two lanes, thereby reducing speeds, or with speed
humps (not bumps) which are vertical undulations which cause
driver discomfort if driven over too fast. With both of these
devices however, there is increased difficulty for snow plowing
and other maintenance activities.
If you have any questions or desire presentation quality graphics
for a council meeting, please call.
Very truly yours,
STRGAR-ROSCOE-FAUSCH, INC.
Dennis R. Eyler, .E.
Principal
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18215 19th Ave. N., Plymouth, Mn. 55447
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DATE: February 22, 1994
TO: Dwight Johnson, City Manager ?
sFROM: Eric J. Blank Director Parks and Recreation
SUBJECT: 1993 PARK AND RECREATION ADVISORY COMMISSION
ANNUAL REPORT
Park Commission Chairman, Don Anderson, will be present at the February 28
meeting to present the 1993 Park Commission Annual Report to the City Council. The
ordinance adopting the Park and Recreation Advisory Commission requires the
Commission to present a report to the City Council annually.
I recommend that the City Council accept the report, thank the Commission for their
work and thank Chairman Anderson for his leadership during this past year.
EB/np
MINUTES
COUNCIL STUDY SESSION
FEBRUARY 7, 1994
A special study session meeting of the Plymouth City Council was called to order by
Mayor Tierney at 5:35 p.m. in the Council Conference Room of the City Center, 3400
Plymouth Blvd., on February 7, 1994.
PRESENT: Mayor Tierney; Councilmembers Lymangood, Helliwell, Granath, and
Edson. Newly appointed Councilmember Morrison was also present.
ABSENT: Councilmember Anderson
STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public
Works Director Moore, Park Director Blank, Finance Director Hahn, Personnel
Coordinator Sobania, and City Clerk Rauenhorst
CITY PERSONNEL AND PAY PLAN POLICIES AND CONTRACTS
Personnel Coordinator Sobania stated the City Attorney has reviewed the
proposed changes to the Personnel Policy. The Council discussed the various
changes.
Coordinator Sobania explained the changes proposed in the City's Drug and
Alcohol Testing Policy. She stated testing is done on all new full and part-time
employees. The City can also request that an employee be tested for cause in
some situations. The policy is proposed to be changed to administer a new state
law requiring that random testing be done for individuals holding commercial
driver licenses and their supervisors. The term "supervisor" has not been
defined.
Councilmember Granath stated concerns that the testing be accurate, and he
would like to know the testing and retesting procedures used, as well as whether
the City or employee would pay for the retesting if necessary.
Coordinator Sobania stated the policy has been administered since 1989 for all
full-time employees. The provision requiring testing for those holding
commercial licenses will be effective under state law in August, 1994. The
other testing done by the City is permissive under state law. She stated that
negligent liability is one reason for testing new employees.
Councilmember Granath stated he has no problem with testing for public safety
personnel and commercial license holders. He has concerns with the testing
Study Session Minutes
February 7, 1994
Page 2
extended to other employees, and particularly that there are fail-safe
mechanisms in place.
Councilmember Lymangood asked if the proposed changes need to be
immediately adopted by the Council.
Coordinator Sobania recommended that the Council approve the Family Medical
Leave Act portion of the policy as soon as possible
Mayor Tierney suggested that the remainder of the personnel policy could
remain in place until the Council further discusses it.
Councilmember Edson stated the random drug and alcohol testing of
commercial drivers will be effective under state law in August. The proposed
changes to the City's drug and alcohol policy only document past City practice
and add the new state requirement.
Councilmember Helliwell stated she has no objection to amending the policy to
comply with the new state law regarding holders of commercial driver licenses,
but she has some concerns about initial testing at the time of hire.
Coordinator Sobania stated the Council could exclude proposed changes to
Sections 2-1.1 and 2-1.2 of the Personnel Policy relating to drug and alcohol
testing for further study, while adopting the other recommended changes.
The Council indicated that the current drug and alcohol testing practice should
remain in effect until the issue is further discussed by the Council.
The Council reviewed the proposed 1994 Compensation and Classification Plan.
Personnel Coordinator described the City's four bargaining units and the status
of contract negotiations with each unit.
The meeting was adjourned at 6:47 p.m.
City Clerk
MINUTES
CITY COUNCIL MEETING
WITH AREA LEGISLATORS
FEBRUARY 14, 1994
Present: Mayor Tierney, Councilmembers Anderson, Edson, Granath, Lymangood,
Morrison
Absent: Councilmember Carole Helliwell
Legislators Present: Senator Gen Olson, Senator Martha Robertson, Senator Pat
McGowan, Representative Warrem Limmer, Representative Todd Van Dellen,
Representative Peggy Leppik
Staff Present: City Manager Johnson, Assistant Manager Lueckert, Community
Development Director Hurlburt, Finance Director Hahn, Park and Recreation Director
Blank, Public Safety Director Gerdes, Public Works Director Moore
Mayor Tierney convened the dinner meeting at 6:10 PM. She explained that the purpose
of the meeting was to discuss upcoming legislative issues which impact Plymouth, and to
highlight other issues of interest to the City. Manager Johnson explained the issues
outlined in a discussion paper (attached). The Senators and Representatives presented
their viewpoints and ideas, and there was general discussion among councilmembers and
legislators about the 1994 Legislative session.
The meeting adjourned at 8 PM.
Katherine M. Lueckert
Assistant City Manager
6 -A
Discussion Topics for Meeting with Legislators
I. Maior Issues
A. Orfield Proposals --Representative Myron Orfield has proposed legislation which
would have a significant impact on the types of housing that Plymouth and other western
suburbs could offer. Mr. Orfield contends that the suburbs do nothing to encourage
housing for low and moderate income families, and he seeks to enact measures which
would compel the provision of low and moderate income housing opportunities. Mr.
Orfield assumes that Plymouth and other suburbs currently have no programs in place to
serve these families, and that appropriate housing simply is not available. Funding for
highways and infrastructure could be affected, as well as any requests to expand the
MUSA line.
The experience in Plymouth tends to show otherwise. Recently approved is a 203
unit apartment complex which will offer low and moderate income housing. The
Plymouth Senior Housing project, currently under construction and using local funding
exclusively, will provide 99 subsidized apartments for Plymouth's senior citizens. Another
recently approved project, to be built by Rottlund Homes, will provide 144 townhouses
for sale for under $100,000. The Plymouth Housing Alliance seeks ways to provide
homes to low and moderate income families. Plymouth's Housing and Redevelopment
Authority aggressively pursues housing programs for low.and moderate income families,
including Section 8 rent certificates and assistance for first time home buyers.
We would be interested in hearing about any IR and Met Council
counterproposals.
B. Neary-Kelly Proposals --Representatives Neary and Kelly have proposed legislation
which would significantly change the property tax system, impacting cities and potentially
benefiting school districts. Similar reforms occurred several years ago, and the schools
absorbed all of the "freed up" funding and then some. Any new reforms must have
safeguards in place so that past fiscal history is not repeated.
C. HACA Changes --Past legislation has been passed which would add programs to the
Local Government Trust Fund. In 1994, this may affect the amount of HACA Plymouth
receives. Proposals are being made to restore some funding the the Local Government
Trust Fund to offset the new programs added. Since state aid comprises around 14% of
Plymouth's budget, any changes in the funding formula and distribution factors are of
significant concern to the City.
D. Charter Issues --the City recently was confronted with an issue on which the City's
Charter was silent. This raised a question of when a city's charter is silent on a particular
subject, do state statutes apply and become operative? In the particular case at hand, the
Attorney General ruled that they do not, even though our Charter was written with this
assumption. Legislation clarifying this issue may be needed and would have an impact on
all charter cities.
E. Projected Funding for Highway 169 Improvements --Highway 169, which runs
along Plymouth's eastern border, is extremely congested and during rush hour is
sometimes at a standstill. The spillover from Highway 169 impacts Plymouth arterials,
such as Zachary Lane, and significantly impacts traffic on that road. The City wants to
call attention to the need for improvements to Highway 169 to alleviate the traffic
congestion on adjacent city streets.
F. Railroad Crossings --For months the City has been working with CP Rail ( formerly
the Soo Line) to construct crossing controls at a track crossing along a busy street,
Pineview Lane. The bureaucracy which controls crossings for the railroad truly is
daunting. Legislation which would give cities some modicum of control to require
railroad crossing safety controls within city limits is indicated by Plymouth's experience.
G. Environmental Assessment Worksheets --The implementation of the 1991 Wetlands
Act governs the preparation of Environmental Assessment Worksheets (EAW) on
proposed developments. Cities have a limited time period to approve or deny
development applications. The Wetlands Act is not clear as to whether or not all activity
on a proposed development must cease ("stopping the clock") while the EAW is prepared
and analyzed. State legislation clarifying this issue for the City may be necessary.
II. Other Issues
A. Unfunded Mandates --the federal and state governments continually mandate the
provision of programs and services by cities but do not provide funding for these
programs. Inevitably meeting these mandates impacts taxpayers.
B. Crime Prevention --legislation on preventing and mitigating crime is important.
C. Election Laws --the City is interested in any legislation proposed involving elections,
such as absentee voting without qualification, school districts sharing in the cost of
elections conducted by cities, term limits, and whether or not state campaign laws will
apply to local elections.
D. Other Property Tax Law Changes --the City is interested in monitoring any potential
changes to the truth in taxation statements and to the "This Old House" bill, which our
City Assessor finds very difficult to administer.
E. Transit --the 1992 bond authorization language restricts the use of regional bond funds
by Opt -Out transit systems. Since the Plymouth Metrolink is an opt -out system, the City
is interested in any changes which would expand the usage of these funds. The
possibilities of transit hubs and a regional organization for transit activities also are of
interest to the City.
F. Urban Forest --the City would be interested in hearing about potential legislation
involving tree preservation ordinances and the Minnesota ReLeaf program.
MINUTES
REGULAR COUNCIL MEETING
FEBRUARY 7, 1994
Newly appointed Ward 2 Councilmember Sheryl Morrison was administered the Oath of
Office by Clerk Rauenhorst.
The regular meeting of the Plymouth City Council was called to order by Mayor Tierney
at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Boulevard, on
February 7, 1994.
PRESENT: Mayor Tierney, Councilmembers Helliwell, Granath, Edson,
Lymangood, and Morrison
ABSENT: Councilmember Anderson
STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert,
Community Development Director Hurlburt, Public Works Director
Moore, Park Director Blank, Public Safety Director Gerdes, Finance
Director Hahn, Fire Chief Kline, Forester Buck, City Attorney
Barnard, and City Clerk Rauenhorst
ITEM 4-A FIRE PREVENTION POSTER CONTEST WINNER
Fire Chief Kline introduced Jesse Strouth, a 4th grader at Plymouth Creek
Elementary School. He congratulated Jesse on behalf of the Plymouth Fire
Department and the State Fire Chief s Association for his winning entry in the fire
prevention poster contest.
ITEM 4-B WILLIAM HILL, KIDS FOR SAVING EARTH
Mayor Tierney announced the death of William Hill, co-founder with his wife
Tessa of the Kids for Saving Earth organization. She asked that residents
remember the Hill family through a silent invocation.
ITEM 5 APPROVE AGENDA
Mayor Tierney suggested that Item 9-G - City Manager Evaluation, be added to
the agenda.
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to approve the agenda with the addition of 9-G, City Manager
Evaluation.
Council Minutes
February 7, 1994
Page 2
Motion carried, six ayes.
ITEM 6 CONSENT AGENDA
Mayor Tierney announced that a correction has been made to the draft January 24
Council minutes regarding the results of the first ballot for the Ward 2
Councilmember appointment.
Items 6-J, 6-L, 6-P-5, and 6-P-11 were removed from the Consent Agenda.
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
approve the Consent Agenda as amended.
Motion carried, six ayes.
ITEM 6-A APPROVE CITY COUNCIL MINUTES
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
approve the City Council minutes of the January 22, 1994 Special Meeting,
January 24, 1994 Plymouth Forum, January 24, 1994 Regular Meeting, and
January 31, 1994 Special Meeting.
Motion carried, six ayes.
ITEM 6-B APPROVE DISBURSEMENTS
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION NO. 94-45 APPROVING DISBURSEMENTS FOR
THE PERIOD ENDING JANUARY 31, 1994.
Motion carried, six ayes.
ITEM 6-C ADOPT PARK RENTAL FEES
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION NO. 94-46 ADOPTING 1994 PARK FACILITIES
RENTAL POLICIES AND FEE SCHEDULE.
Motion carried, six ayes.
Council Minutes
February 7, 1994
Page 3
ITEM 6-D PROCLAIM AMERICAN HEART MONTH
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION NO. 94-47 PROCLAIMING FEBRUARY AS
AMERICAN HEART MONTH.
Motion carried, six ayes.
ITEM 6-E ABINGDON COMPANY. FINAL PLAT/PLAN FOR CAVAN
MEADOWS (93062)
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION NO. 94-48 APPROVING FINAL PLAT AND
DEVELOPMENT CONTRACT FOR ABINGDON DEVELOPMENT
CORPORATION FOR PROPERTY LOCATED AT THE SOUTHWEST
CORNER OF OLD ROCKFORD ROAD AND DUNKIRK LANE NORTH
93062).
Motion carried, six ayes.
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION NO. 94-49 SETTING CONDITIONS TO BE MET
PRIOR TO FILING OF THE RELATED FINAL PLAT FOR ABINGDON
COMPANY FOR PROPERTY LOCATED AT THE SOUTHWEST
CORNER OF OLD ROCKFORD ROAD AND DUNKIRK LANE NORTH
93062).
Motion carried, six ayes.
ITEM 6-F COMMERCIAL PROPERTY ASSOCIATES. FINAL PLAT FOR
REBECCA WOODS (93121)
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION NO. 94-50 APPROVING FINAL PLAT AND
DEVELOPMENT CONTRACT FOR COMMERCIAL PROPERTY
ASSOCIATES FOR "REBECCA WOODS" FOR PROPERTY LOCATED
AT COUNTY ROAD 101 AND 22ND AVENUE NORTH (93121).
Motion carried, six ayes.
Council Minutes
February 7, 1994
Page 4
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION NO. 94-51 SETTING CONDITIONS TO BE MET
PRIOR TO FILING OF THE RELATED FINAL PLAT FOR
COMMERCIAL PROPERTY ASSOCIATES FOR "REBECCA WOODS"
FOR PROPERTY LOCATED AT COUNTY ROAD 101 AND 22ND
AVENUE NORTH (93121).
Motion carried, six ayes.
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION NO. 94-52 ADOPTING ASSESSMENTS, CITY
PROJECT NO. 407, SANITARY SEWER LATERAL, REBECCA WOODS
ADDITION.
Motion carried, six ayes.
ITEM 6-G RYAN CONSTRUCTION COMPANY. SITE PLAN AMENDMENT
93140
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION NO. 94-53 APPROVING SITE PLAN
AMENDMENT FOR AMERIDATA FOR PROPERTY LOCATED AT
10200 51ST AVENUE NORTH (93140).
Motion carried, six ayes.
ITEM 6-H A.J. POPPELAARS. FINAL PLAT FOR PONDEROSA WOODS
3RD ADDITION (94004)
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION NO. 94-54 APPROVING FINAL PLAT AND
DEVELOPMENT CONTRACT FOR A.J. POPPELAARS FOR
PONDEROSA WOODS 3RD ADDITION FOR PROPERTY LOCATED AT
18TH AVENUE NORTH AND KIRKWOOD LANE (94004).
Motion carried, six ayes
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION NO. 94-55 SETTING CONDITIONS TO BE MET
PRIOR TO FILING OF THE RELATED FINAL PLAT FOR A.J.
POPPELAARS FOR PONDEROSA WOODS 3RD ADDITION FOR
PROPERTY LOCATED AT 18TH AVENUE NORTH AND KIRKWOOD
LANE (94004).
Council Minutes
February 7, 1994
Page 5
Motion carried, six ayes.
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION NO. 94-56 ADOPTING ASSESSMENTS, CITY
PROJECT NO. 409, WATERMAIN AREA, PONDEROSA WOODS 3RD
ADDITION.
Motion carried, six ayes.
ITEM 6-I LUNDGREN BROTHERS CONSTRUCTION. FINAL PLAT FOR
AUTUMN HILLS 2ND ADDITION (94005)
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION NO. 94-57 APPROVING FINAL PLAT AND
DEVELOPMENT CONTRACT FOR LUNDGREN BROTHERS
CONSTRUCTION COMPANY, INC., FOR "AUTUMN HILLS 2ND
ADDITION," PROPERTY LOCATED NORTHWEST OF 40TH AVENUE
NORTH AND VICKSBURG LANE (94005).
Motion carried, six ayes.
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION NO. 94-58 SETTING CONDITIONS TO BE MET
PRIOR TO FILING OF THE RELATED FINAL PLAT FOR LUNDGREN
BROTHERS CONSTRUCTION COMPANY, INC., FOR "AUTUMN
HILLS 2ND ADDITION" FOR PROPERTY LOCATED AT 40TH
AVENUE NORTH AT VICKSBURG LANE (94005).
Motion carried, six ayes.
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION NO. 94-59 ADOPTING ASSESSMENTS, CITY
PROJECT NO. 408, SANITARY SEWER AND WATERMAIN AREA -
AUTUMN HILLS 2ND ADDITION.
Motion carried, six ayes
ITEM 6-J DIRECT STAFF TO STUDY SNOWMOBILE ORDINANCE
Councilmember Helliwell agreed with the staff recommendation that the City's
snowmobile ordinance be studied for possible revision. She asked if citizen input
would be included in the process.
Council Minutes
February 7, 1994
Page 6
Public Safety Director Gerdes responded that study meetings will be held with
groups who are in favor of snowmobiling in the City, as well as groups that have
experienced problems with snowmobiles. Staff will also include any interested
neighborhood groups that may form on the issue.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to direct the Public Safety Department to begin a study for possible
changes in Plymouth's snowmobile ordinance.
Motion carried, six ayes.
ITEM 6-K AWARD STREET TREE TRIMMING BID
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION NO. 94-60 APPROVING 1994 STREET TREE
TRIMMING CONTRACT.
Motion carried, six ayes.
ITEM 6-L RESOLUTION FOR COMMUNITY ROADSIDE LANDSCAPING
PARTNERSHIP PROGRAM
Forester Buck described the proposed Community Roadside Landscaping
Partnership Program. He stated the southeast quadrant of I-494 and Carlson
Parkway is proposed for improvement this year and about 150 volunteers will be
needed for the project.
Councilmember Lymangood stated this looks like an excellent program and he
supports the City developing an overall program for greening the roadways in the
City.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Granath, to adopt RESOLUTION NO. 94-61 AUTHORIZING
APPLICATION AND PRIMARY CONTACT PERSON TO THE
COMMUNITY ROADSIDE LANDSCAPING PARTNERSHIP PROGRAM.
Motion carried, six ayes.
Council Minutes
February 7, 1994
Page 7
ITEM 6-M RECEIVE PETITION AND PRELIMINARY ENGINEERING
REPORT, AND ORDER STREET LIGHTING IMPROVEMENTS
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION NO. 94-62 DECLARING ADEQUACY OF
PETITION AND ORDERING PREPARATION OF REPORT, STREET
LIGHTING - PLYMOUTH OAKS ADDITION.
Motion carried, six ayes.
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION NO. 94-63 RECEIVING REPORT AND ORDERING
PROJECT, STREET LIGHTING - PLYMOUTH OAKS ADDITION.
Motion carried, six ayes.
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION NO. 94-64 DECLARING ADEQUACY OF
PETITION AND ORDERING PREPARATION OF REPORT, STREET
LIGHTING - WESTBRANCH ADDITION.
Motion carried, six ayes.
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION NO. 94-65 RECEIVING REPORT AND ORDERING
PROJECT, STREET LIGHTING - WESTBRANCH ADDITION.
Motion carried, six ayes.
ITEM 6-N RECEIVE PETITIONS AND SET PUBLIC HEARINGS ON
VACATION OF EASEMENTS
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION NO. 94-66 ORDERING PUBLIC HEARING ON
THE PROPOSED VACATION OF DRAINAGE AND UTILITY
EASEMENT - LOT 1, BLOCK 1, PARKERS LAKE CORPORATE
CENTER.
Motion carried, six ayes.
Council Minutes
February 7, 1994
Page 8
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION NO. 94-67 ORDERING PUBLIC HEARING ON
THE PROPOSED VACATION OF DRAINAGE AND UTILITY
EASEMENT - OUTLOT C, PARKERS LAKE CORPORATE CENTER
3RD ADDITION.
Motion carried, six ayes.
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION NO. 94-68 ORDERING PUBLIC HEARING ON
THE PROPOSED VACATION OF DRAINAGE EASEMENTS FOR
PONDING PURPOSES - OUTLOT E, WILD WINGS 2ND ADDITION.
Motion carried, six ayes.
ITEM 6-0 GRANT FLOWAGE EASEMENT TO MINNEHAHA CREEK
WATERSHED DISTRICT
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION NO. 94-69 APPROVING FLOWAGE EASEMENTS
GLEASON LAKE OUTLET MODIFICATION.
Motion carried, six ayes.
ITEM 6-P DEVELOPMENT CONTRACT BOND REDUCTIONS
Councilmember Helliwell stated there have been concerns about drainage in
Parkers Lake North 9th Addition and Parkers Lake North 2nd Addition. She
asked if further site drainage/grading improvements are needed and if an adequate
bond amount remains.
Public Works Director stated the proposed development contract bond reductions
only affect public improvements - none of the private site improvements.
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION NO. 94-70 REDUCING DEVELOPMENT BOND -
SEVEN PONDS 2ND ADDITION (91062).
Motion carried, six ayes.
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION NO. 94-71 REDUCING DEVELOPMENT BOND -
SEVEN PONDS 3RD ADDITION (92005).
Council Minutes
February 7, 1994
Page 9
Motion carried, six ayes.
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION NO. 94-72 REDUCING DEVELOPMENT BOND -
SEVEN PONDS 4TH ADDITION (92017).
Motion carried, six ayes.
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION NO. 94-73 REDUCING DEVELOPMENT BOND -
PLYMOUTH POINTE ADDITION (92034).
Motion carried, six ayes.
MOTION was made by Councilmember Helliwell, seconded by Mayor Tierney, to
adopt RESOLUTION NO. 94-74 REDUCING DEVELOPMENT BOND -
PARKERS LAKE NORTH 9TH ADDITION (93067).
Motion carried, six ayes.
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION NO. 94-75 REDUCING DEVELOPMENT BOND -
PINE CREEK ADDITION (92020).
Motion carried, six ayes.
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION NO. 94-76 REDUCING DEVELOPMENT BOND -
HEATHER RUN ADDITION (92035).
Motion carried, six ayes.
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION NO. 94-77 REDUCING DEVELOPMENT BOND -
GOLFVIEW ESTATES ADDITION (91047).
Motion carried, six ayes.
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION NO. 94-78 REDUCING DEVELOPMENT BOND -
EAGLEWOOD ADDITION (92110).
Motion carried, six ayes.
Council Minutes
February 7, 1994
Page 10
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION NO. 94-79 REDUCING DEVELOPMENT BOND -
HERITAGE WOODS ESTATES 2ND ADDITION (89087).
Motion carried, six ayes.
MOTION was made by Councilmember Helliwell, seconded by Mayor Tierney, to
adopt RESOLUTION 94-80 REDUCING DEVELOPMENT BOND -
PARKERS LAKE NORTH 2ND ADDITION/SHENANDOAH LAND
EXTENSION (93067).
Motion carried, six ayes.
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION 94-81 REDUCING DEVELOPMENT BOND -
HAWTHORNE PLACE ADDITION (90006).
Motion carried, six ayes.
ITEM 7-A ASSESSMENTS FOR WEED ERADICATION, ROLL 2
Finance Director Hahn presented the proposed assessments for weed eradication,
and a letter of objection received from Keith Behrens, 5620 Teakwood Lane
North.
Mayor Tierney opened the assessment hearing on weed eradication at 7:24 p.m.
No one appeared, and the hearing was closed.
Forester Buck responded to questions about the weed eradication at 5620
Teakwood Lane. He stated that three owners in that area received notice to cut
weeds on their properties. When staff returned to the area several weeks later,
only one of those properties had been mowed. The weeds at 5620 Teakwood
Lane had not been mowed, and he showed a photograph of the weeds at this
address.
MOTION was made by Councilmember Edson, seconded by Councilmember
Morrison, to adopt RESOLUTION 94-82 ADOPTING ASSESSMENTS,
1993 WEED ERADICATION AND DESTRUCTION, ROLL 2, as
recommended by staff.
Motion carried, six ayes.
Council Minutes
February 7, 1994
Page 11
ITEM 8-A PROPOSED ZONING ORDINANCE AMENDMENTS REGARDING
AUTO SALES IN THE INDUSTRIAL DISTRICT (94002)
Community Development Director Hurlburt presented the staff report on proposed
Zoning Ordinance amendments to establish a conditional use permit process for
limited outdoor automobile sales in the I-1 District. She stated the City Council
previously directed the Planning Commission to consider amendments that would
allow the City to consider the issuance of permits for the proposed United Auto
Exchange, a business proposing to locate on the former site of the Minneapolis
Auto Auction, 1135 Nathan Lane. The Planning Commission conducted a public
hearing on the proposed ordinance and recommended approval on a 3-2 vote.
Director Hurlburt stated the proposed ordinance contains a set of standards that
must be met by an applicant for a conditional use permit including limitation on
days and hours of operation, limitation on use of structures, limitations on the
amount of parking area to be used, distance from residential zoning districts, limits
on other related activities, and roadway access.
She stated the Planning Commission had a number of concerns about the proposed
ordinance change. Currently, retail sales in the I-1 District are limited and must be
accessory to a permitted industrial use. This amendment would be opening the
door to retail sales in the I-1 District as a separate business. There was also
concern that the use might conflict with Minnesota laws prohibiting licensed
automobile dealers from selling cars on Sunday. The proponents indicated they
will not be automobile dealers and that all sales will be from individuals to
individuals. Commissioners also noted that the conditions ensure that very few
sites in Plymouth could be eligible for such a permit and that the former auto
auction site is unique based on its history and large parking lot.
Mayor Tierney asked if this ordinance amendment would be applicable to all I-1
Districts or only the previous Minneapolis Auto Auction site.
Director Hurlburt stated that it would be applicable to all sites in I-1 Districts that
can meet the proposed ordinance standards.
Rick Ponthan, 2634 Rice Creek Terrace, represented United Auto Exchange. He
stated the United Auto Exchange would provide a needed service in the
community and would be an opportunity for individuals to buy and/or sell a vehicle
without going through a typical process at an auto dealership. He stated this
business will not be an automobile dealership. They will only provide a location
where individuals can buy and sell vehicles.
Council Minutes
February 7, 1994
Page 12
In response to questions from Councilmember Morrison, Mr. Ponthan stated there
is a similar business in White Bear Lake. He expects that the United Auto
Exchange would have about 300 participants per weekend, although there is
sufficient space to go over 500 participants without problem.
Councilmember Helliwell stated one safety concern is the nearby active railroad
track that has no crossing arms, lights, or signals.
Mayor Tierney noted that one of the conditions indicates that the site shall be
located no closer than 500' to residences; however, individuals will have the
opportunity to test drive vehicles and that could be in residential neighborhoods.
Mr. Ponthan stated they have made no plans for directing traffic, but he believes
that individuals would travel east in order to test drive vehicles on Highway 169.
He stated that individuals could be given directions of Highway 169 to Plymouth
Avenue in order to access the property.
In response to questions by Mayor Tierney, Mr. Ponthan stated they have not
considered other sites in the City. They are prepared to do so because they feel
strongly about the business concept.
Councilmember Edson stated that when the Hedberg request was made last year
there were neighborhood concerns about having a business with traffic
concentration on the weekends. He also noted that streets in this area are not
upgraded to current City standards to accommodate heavy traffic.
Councilmember Granath supported the business concept, but shared concerns
about weekend traffic and the close proximity to residences. He stated that it is
not desirable to have vehicles in a parking lot at 10:00 p.m. near a residential
neighborhood.
Mr. Ponthan stated the ordinance was written with a 10:00 p.m. limit; however,
their proposed operating hours are much earlier. The intention is to have every
person off the property by 7:00 p.m. on Saturdays, and by 8:00 p.m. on Sundays.
Councilmember Helliwell asked if dismantled vehicles and vehicle parts would be
sold.
Mr. Rude, 11200 32nd Avenue, representing the United Auto Exchange, stated
that no parts sales or dismantled vehicles would be allowed. All vehicles will have
to be driven on and off the property. He does not believe that traffic flow will be a
concern, and stated that the exit from the rear of the lot that connects to Highway
55 could also be used. He stated they have access to commercial bathrooms and
have considered renting portable facilities. He believes there will be only about
Council Minutes
February 7, 1994
Page 13
150 vehicles on display each day. The former auto auction accommodated over
1,000 vehicles, so parking capacity is no problem.
Mr. Rude stated the Planning Commission commented that this business may result
in fewer parked vehicles in the City with "For Sale" signs. This proposal will get
those vehicles off the street and into an area where they can be sold. He stated
that this location is ideal because of its proximity to the emissions test facility on
the east side of Highway 169.
Councilmember Morrison asked why this use would not be allowed under the
City's ordinance when the Minneapolis Auto Auction was previously on the site.
Director Hurlburt explained that the Minneapolis Auto Auction was a
nonconforming use that was discontinued.
Councilmember Lymangood asked if this type of business would be allowed in the
retail districts.
Director Hurlburt stated it could be located in the B-3 district which specifically
allows automobile sales.
Mayor Tierney asked if there is B-3 District property available in the City.
Director Hurlburt stated there is currently very little B District property of any
classification in the City.
Councilmember Helliwell asked if there have been discussions with the neighbors
about the proposed business.
Director Hurlburt stated that if the zoning amendments are approved, the United
Auto Exchange owners could apply for a conditional use permit to allow the use
on this site. All property owners within 500' of the proposed site would be
notified of the Planning Commission hearing on the conditional use permit.
Mr. Rude stated that no discussions with the abutting property owners have yet
been held.
Councilmember Helliwell stated that the Council limited the weekend use on the
Hedberg property, north of this site, to a 4:00 p.m. closing. She asked if the
conditional use permit could be granted on a year-to-year basis.
Mr. Rude stated that neighbors were previously concerned because the
Minneapolis Auto Auction operated until midnight and had loudspeakers that were
a disturbance to the residential neighborhood.
Council Minutes
February 7, 1994
Page 14
Director Hurlburt stated that a conditional use permit could be issued by the
Council on an annual basis and, if desired, the Council could further restrict the
hours of operation in the ordinance, rather than as a condition of a future
conditional use permit.
Councilmember Edson stated his main concern is that this is an older area of the
City and there are no buffer areas. He would prefer to have public input on the
proposed ordinance, and suggested that if the Council wishes to proceed with the
request, the public notice area should be extended to 1,000 feet.
Director Hurlburt stated the 1,000 ft. notice requirement for the conditional use
permit can be added to the ordinance, as well as the annual renewal requirement.
MOTION was made by Councilmember Edson, seconded by Councilmember
Helliwell, to adopt an ordinance to establish a conditional use permit process for
limited outdoor automobile sales in the I-1 Planned Industrial District, as
recommended by the Planning Commission.
MOTION to amend was made by Councilmember Helliwell, seconded by
Councilmember Granath, that the hours of operation be limited to 8:00 a.m. to
7:00 p.m.; that a 1,000 ft. notification be provided for the conditional use permit
hearing; and that sales shall be limited to operable motor vehicles and shall not
include inoperable vehicles or parts.
Councilmember Helliwell asked if all vehicles must be removed from the site on
Sunday if they are not sold on the weekend.
Mr. Ponthan stated that vehicles could be left overnight during the weekend sales,
but would have to be removed on Sunday or the last day of weekend sales. They
are checking on security methods for this site.
Manager Johnson suggested that the Council move on to another item of business
to allow the City Attorney and staff time to draft ordinance language to include the
conditions added in the motion.
Councilmember Lymangood stated the Council has also delayed items needing a
supermajority vote to a future meeting so that the full Council is present.
Councilmember Helliwell stated she is prepared to vote on the ordinance
amendment, but will make no decision on the conditional use permit until the
public hearing has been held.
Council Minutes
February 7, 1994
Page 15
Mayor Tierney stated that she is comfortable with only the concept, and not
necessarily the location.
MOTION was made by Councilmember Morrison, seconded by Councilmember
Edson, to table the issue until later in the meeting to allow the City Attorney and
staff time to draft specific proposed ordinance language.
Motion carried, six ayes.
8-B ADOPT PERSONNEL POLICY CHANGES
Assistant Manager Lueckert described the proposed changes to the City's
Personnel Policy. She noted this was tabled from the January 24 meeting for City
Attorney review of the proposed changes. The City Attorney has reviewed and
approved the proposed changes.
Manager Johnson stated the Council previously reviewed the proposed changes at
a study session and discussion was held on Section 2-1 relating to the City's drug
and alcohol testing policy.
Councilmember Granath stated he supports the principal proposed for testing, but
would like additional information on this policy and the testing procedures.
MOTION was made by Councilmember Granath, seconded by Councilmember
Lymangood, to adopt RESOLUTION 94-93 APPROVING REVISIONS TO
THE PERSONNEL POLICY, deleting modifications to Section 2-1.
Councilmember Edson clarified that the existing Section 2-1 will remain in place
until revisions are further considered by the City Council.
Motion carried, six ayes.
ITEM 8-C 1994 COMPENSATION AND CLASSIFICATION PLAN
Assistant Manager Lueckert presented the proposed 1994 Compensation and
Classification Plan. She stated the position/salary grade chart includes all positions
in the City.
MOTION was made by Councilmember Edson, seconded by Councilmember
Lymangood, to adopt RESOLUTION 94-84 APPROVING THE 1994
CLASSIFICATION AND COMPENSATION IMPLEMENTATION PLAN.
Motion carried, six ayes.
Council Minutes
February 7, 1994
Page 16
ITEM 9-A DESIGNATE OFFICIAL NEWSPAPER
Mayor Tierney stated that the vote on designation of the official newspaper
resulted in a 3-3 tie on January 3.
MOTION was made by Councilmember Edson, seconded by Mayor Tierney, to
adopt RESOLUTION 94-85 DESIGNATING OFFICIAL NEWSPAPER
FOR 1994, the Plymouth Sailor.
Councilmember Granath spoke in opposition to the motion. He stated that the
principal reason he supports designation of the Weekly is that the Sailor has
been designated for several years and the City may inadvertently be promoting a
monopoly. He believes the 160 distribution points throughout the City used by the
Weekly s are adequate.
Councilmember Edson stated the Plymouth Sailor has a home delivery circulation
of 17,323, compared to the Weekly News circulation via resident pick-up of 8,800.
He stated that there are over 20,000 dwelling units in the City, and 8,800
circulation is not adequate. In addition, the Plymouth Sailor is making an effort to
expand their circulation.
Councilmember Lymangood supported the Weekly News because of its editorial
policies, but stated this is not a major issue for the City and needs to be resolved.
Councilmember Morrison shared Councilmember Edson's concerns about
circulation. She stated that public notice of Council items under consideration is
important and needs to be provided to as many people as possible. She stated that
letters to the editor are for the purpose of expressing opinion. If those letters get
into political bashing, she would hope that the writers of the letters would show
responsibility and discretion; it is not the newspaper's responsibility.
Councilmember Helliwell agreed that this is not a large issue for the City. She
stated that on January 3 she supported designation of the Weekly News; however,
she will now change her support to the Plymouth Sailor due to circulation and
delivery. She stated the Weekly News is an excellent newspaper, but it is more
prevalent in the southern area of Plymouth, and the Sailor is delivered to individual
homes.
Motion carried: Helliwell, Edson, Morrison, Tierney ayes; Granath and
Lymangood nays.
Mayor Tierney thanked both newspapers for their fine coverage of City events.
Council Minutes
February 7, 1994
Page 17
ITEM 8-A PROPOSED ZONING ORDINANCE AMENDMENTS REGARDING
AUTO SALES IN THE INDUSTRIAL DISTRICT (94002)
Attorney Barnard distributed proposed ordinance language for Council
consideration.
Councilmember Granath stated that as the Ward 3 Councilmember, he will support
the ordinance as amended and the concept of the business; however, he has strong
reservations about the proposed site.
Councilmember Lymangood stated he will not support the ordinance because there
are areas currently zoned in the City where this type of business could locate.
Councilmember Morrison stated she is opposed to adopting an ordinance
amendment until the Council is made aware of what existing retail sites are
available for this proposed use.
MOTION was made by Councilmember Helliwell, seconded by Councilmember
Edson, to table this issue to February 28 for clarification on what alternate sites
may be available in the retail districts.
Motion carried, six ayes.
ITEM 9-B APPOINT COUNCIL COORDINATING REPRESENTATIVES AND
AGENCY APPOINTMENTS
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION 94-86 'APPOINTING COUNCIL COORDINATING
REPRESENTATIVES (CCR) FOR 1994.
Motion carried, six ayes.
MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to
adopt RESOLUTION 94-87 APPOINTMENTS TO SUBURBAN RATE
AUTHORITY.
Motion carried, six ayes.
MOTION was made by Mayor Tierney, seconded by Councilmember Helliwell, to
adopt RESOLUTION 94-88 APPOINTMENTS TO MUNICIPAL
LEGISLATIVE COMMISSION.
Motion carried, six ayes.
Council Minutes
February 7, 1994
Page 18
MOTION was made by Mayor Tierney, seconded by Councilmember Morrison, to
adopt RESOLUTION 94-89 APPOINTMENT TO PLYMOUTH CIVIC
LEAGUE.
Motion carried, six ayes.
MOTION was made by Councilmember Edson, seconded by Mayor Tierney, to
adopt RESOLUTION 94-90 APPOINTMENTS TO NORTHWEST
SUBURBS CABLE COMMUNICATION COMMISSION.
Motion carried, six ayes.
MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to
adopt RESOLUTION 94-91 APPOINTMENT TO NORTHWEST
SUBURBS COMMUNITY ACCESS CORPORATION.
Motion carried, six ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Helliwell, to adopt RESOLUTION 94-92 APPOINTMENTS TO
WAYZATA-PLYMOUTH CHEMICAL HEALTH COMMISSION.
Motion carried, six ayes.
MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to
adopt RESOLUTION 94-93 APPOINTMENT TO ENVIRONMENTAL
CITIES COALITION.
Motion carried, six ayes.
MOTION was made by Mayor Tierney, seconded by Councilmember Helliwell, to
eliminate designation of the City's Fence Viewer.
Motion carried, six ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Morrison, to appoint Joy Tierney and Dwight Johnson to continued terms on the
Community Collaboration Task Force for School District 284.
Motion carried, six ayes.
Council Minutes
February 7, 1994
Page 19
ITEM 9-C APPOINTMENTS TO BOARDS AND COMMISSIONS
Mayor Tierney announced that during January, the Council interviewed about 75
applicants to City boards and commissions. The Council discussed the various
vacancies.
Mayor Tierney noted that some of the applicants do not meet the two-year
residency indicated in the Council's Board and Commission Policy.
Councilmember Edson stated that in the past Councilmembers have been elected
who could not have met a two-year residency requirement. This should not be
imposed on board and commission members. Staff was requested to propose an
amendment to the policy for consideration by the Council at a future meeting.
MOTION was made by Councilmember Edson, seconded by Councilmember
Helliwell, to adopt RESOLUTION 94-94 APPOINTMENTS TO PLANNING
COMMISSION.
Motion carried, six ayes.
MOTION was made by Councilmember Morrison, seconded by Councilmember
Edson, to adopt RESOLUTION 94-95 APPOINTMENTS TO PARK AND
RECREATION ADVISORY COMMISSION.
Motion carried, six ayes.
MOTION was made by Mayor Tierney, seconded by Councilmember Morrison, to
adopt RESOLUTION 94-96 APPOINTMENTS TO BOARD OF ZONING
ADJUSTMENTS AND APPEALS.
Motion carried, six ayes.
MOTION was made by Mayor Tierney, seconded by Councilmember Morrison, to
adopt RESOLUTION 94-97 APPOINTMENTS TO HOUSING AND
REDEVELOPMENT AUTHORITY.
Motion carried, six ayes.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Edson, to adopt RESOLUTION 94-98 APPOINTMENTS TO FINANCIAL
ADVISORY COMMITTEE.
Motion carried, six ayes.
Council Minutes
February 7, 1994
Page 20
MOTION was made by Councilmember Morrison, seconded by Councilmember
Lymangood, to adopt RESOLUTION 94-99 APPOINTMENT TO WEST
HENNEPIN HUMAN SERVICES PLANNING BOARD.
Motion carried, six ayes.
MOTION was made by Mayor Tierney, seconded by Councilmember Helliwell, to
adopt RESOLUTION 94-100 APPOINTMENTS TO NORTHWEST
HENNEPIN HUMAN SERVICES.
Motion carried, six ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Helliwell, to adopt RESOLUTION 94-101 APPOINTMENTS TO WATER
QUALITY COMMITTEE.
Motion carried, six ayes.
MOTION was made by Councilmember Granath, seconded by Councilmember
Edson, to adopt RESOLUTION 94-102 APPOINTMENTS TO HUMAN
RIGHTS COMMISSION.
Motion carried, six ayes.
MOTION was made by Councilmember Edson, seconded by Mayor Tierney, to
direct staff to advertise for interested applicants to fill the Ward 3 vacancy on the
Human Rights Commission.
Motion carried, six ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Morrison, to adopt RESOLUTION 94-103 APPOINTMENTS TO OPEN
SPACE COMMITTEE.
Motion carried, six ayes.
MOTION was made by Councilmember Edson, seconded by Councilmember
Granath, to appoint Councilmember Lymangood as the Council Representative to
the Open Space Committee.
Motion carried, six ayes.
Council Minutes
February 7, 1994
Page 21
ITEM 9-D ADOPT 1994 PARK DEDICATION FEES
Park Director Blank recommended that park dedication fees be increased from
885 to $940 per unit for residential property and $3,600 to $3,750 per acre for
commercial industrial property.
Councilmember Edson suggested that it may be appropriate to refer the park
dedication policy to the Financial Advisory Committee to request that they
recommend an ongoing, consistent plan that is financially viable to provide for
adequate fund balances for the City in the future. This should be completed before
the 1995 rates are proposed.
MOTION was made by Councilmember Edson, seconded by Councilmember
Helliwell, to adopt RESOLUTION 94-104 APPROVING SETTING PARK
DEDICATION FEES FOR 1994, and to request the Financial Advisory
Committee to recommend by October, 1994, a future plan for establishing
park dedication fees.
Motion carried, six ayes.
ITEM 9-E INSURANCE CLAIMS REPORT
Finance Director Hahn presented the insurance claims status report which includes
claim activity through December 31, 1993.
MOTION was made by Councilmember Helliwell, seconded by Mayor Tierney, to
accept the insurance claims report.
Motion carried, six ayes.
ITEM 9-F COUNCIL MEETING TIMES
MOTION was made by Councilmember Helliwell, seconded by Mayor Tierney, to
begin regular City Council meetings at 7:00 p.m. with the Forum as the first item
of business. The Forum will last no longer than 15 minutes, and if the entire time
is not needed, the Council will proceed with other items on the agenda.
Motion carried, six ayes.
ITEM 9-G CITY MANAGER EVALUATION
Mayor Tierney stated that the City Council met in closed session on January 31 for
the purpose of discussing the City Manager's evaluation. A quorum was not
Council Minutes
February 7, 1994
Page 22
present, and the Council decided to continue discussions to a future meeting. She
suggested that the discussion continue on February 14 at the conclusion of the
meeting with state legislators.
MOTION was made by Councilmember Edson, seconded by Mayor Tierney, to
schedule a closed Council meeting on February 14, immediately at the conclusion
of the study session with state legislators, to continue the City Manager evaluation.
Motion carried, six ayes.
MOTION was made by Mayor Tierney, seconded by Councilmember Lymangood,
to adjourn the meeting at 9:52 p.m.
Motion carried, six ayes.
City Clerk
MINUTES
SPECIAL COUNCIL MEETING
FEBRUARY 22, 1994
A special closed meeting of the Plymouth City Council was called to order by Mayor
Tierney at 5:43 p.m. at the Public Safety Building, 3400 Plymouth Blvd., on
February 22, 1994.
PRESENT: Mayor Tierney, Councilmembers Anderson, Edson, Granath, Lymangood,
and Morrison.
ABSENT: Councilmember Helliwell
STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Community
Development Director Hurlburt, City Attorneys Meller and Barnard
Mayor Tierney announced that this meeting is closed to the public pursuant to the terms
of Minnesota Statutes 471.705, Subd. Id (e) in order to discuss potential and/or
pending litigation with the City Attorney.
Councilmember Anderson arrived at 5:50 p.m. Councilmember Granath left the
meeting at 7:00 p.m. Attorney Barnard left the meeting at 7:35 p.m.
The meeting was adjourned at 8:00 p.m.
Assistant City Manager
Agenda Number: (0-17
TO: Dwight D. Johnson, City Manager
FROM: Dale E. Hahn, Finance Director
SUBJECT: Disbursements
DATE: Friday, Feb. 18, 1994 for the City Council Meeting Feb. 28, 1994
I hereby recommend for payment the attached listing of disbursements for the following funds:
First National Bank of Wayzata
General $1,061,321.51
Construction & Debt Service $ 72,074.47
Enterprise $ 347, 318.51
Housing & Redevelopment Authority $ .00
Firstar Bank of MN.
Housing & Redevelopment Authority $ 72,296.41
GRAND TOTAL FOR ALL FUNDS $1,553,010.90
Above totals are for the period ending February 18, 1994.
Dale E. Hahn
I HEREBY APPROVE THE ATTACHED LISTING OF DISBURSEMENTS AND
RECOMMEND SAME FOR PAYMENT.
It'-17
Wight D. ohnson
CITY OF PLYMOUTH
RESOLUTION NO: 94 -
APPROVING DISBURSEMENTS FOR THE PERIOD
ENDING FEBRUARY 18, 1994
WHEREAS, a list of disbursements for the period ending as presented to the City Council for
approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, NIINNESOTA, that the payment of the list of disbursements of the
following funds is approved:
First National Bank of Wayzata
General $ 1,061,321.51
Construction & Debt Service $ 72,074.47
Enterprise $ 347,318.51
Housing & Redevelopment Authority $ .00
Firstar Bank of MN.
Housing & Redevelopment Authority $ 72,296.41
GRAND TOTAL FOR ALL FUNDS $ 1,553,010.90
Adopted by the City Council on February 28, 1994.
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Agenda Number: (o — C
TO: Dwight D. Johnson, City Manager
FROM: Laurie Rauenhors C' y Clerk, through Kath Lu keit, Asst. Manager
SUBJECT: OPTICAL SC ELECTION EQUIPMENT MAINTENANCE
AGREEMENT
DATE: February 15, 1994, for City Council Meeting of February 28, 1994
1. ACTION REQUESTED: Adopt the attached resolution authorizing a maintenance
agreement with Business Records Corporation for the optical scan election equipment for
1994-5.
2. BACKGROUND: The City purchased optical scan voting equipment from Business
Records Corporation (BRC) in 1988. After the initial two elections, the City has carried
the maintenance agreement for the equipment with BRC. This proposed agreement is for a
two-year term at the rate of $500 per machine. The agreement covers parts, labor, and on-
site maintenance and repair of the equipment.
3. ALTERNATIVES: The City could discontinue the maintenance agreement and only
obtain parts and labor on as as -needed basis. Under this option, the City would receive no
election day support or preventive equipment maintenance, and it is probable that repair
costs would far exceed the amount of the contract.
4. BUDGET IMPACT: The cost of the contract for 23 machines at $500 each is $11,500.
This amount covers a two-year period: 1994 and 1995, and is budgeted in Elections.
5. RECOMMENDATION: The attached resolution approving the maintenance agreement
is recommended for adoption.
CITY OF PLYMOUTH
RESOLUTION 94 -
APPROVING MAINTENANCE AGREEMENT FOR
OPTICAL SCAN VOTING EQUIPMENT
BE IT RESOLVED, that the staff is hereby authorized to enter into an agreement with
Business Records Corporation for maintenance of the City's optical scan voting equipment for
1994-5, in the amount of $11,500.
Adopted by the City Council on February 28, 1994.
Agenda Number: 6 -.b
TO: Dwight D.
JohnALUICATION
ity Manager j'
FROM: Laurie Rauenhory Clerk, through Kathy uLkert, Asst. Manager
SUBJECT: TAXI DRIVER
DATE: February 15, 1994, for City Council Meeting of February 28, 1994
1. ACTION REQUESTED: Adopt the attached resolution approving a taxi driver license
for James Richard Melling for the period ending December 31, 1994.
2. BACKGROUND: The City has received a taxi driver license application from James
Richard Melling. Mr. Melling is a driver for Town Taxi Company which is licensed to
operate taxi services in the City of Plymouth for 1994.
3. DISCUSSION: The license fee has been paid. The Public Safety Department has
investigated the applicant and recommends approval of the license conditioned on
successful completion of the vehicle inspection.
4. RECOMMENDATION: The attached resolution approving a taxi driver license for
James Richard Melling is recommended for approval. The resolution contains a condition
that the applicant must successfully complete the vehicle inspection conducted by the
Public Safety Department prior to issuance of the license.
CITY OF PLYMOUTH
RESOLUTION 94 -
APPROVING TAXI DRIVER LICENSE FOR JAMES RICHARD MELLING
BE IT RESOLVED by the City Council of the City of Plymouth that James Richard Melling is
hereby issued a taxi driver license for the period to expire December 31, 1994, with the
following condition:
That the applicant successfully complete a vehicle inspection to be conducted
by the Public Safety Department.
Adopted by the City Council on February 28, 1994.
Agenda Number: (o - E
TO: Dwight D. Johnson City Manager
FROM: Laurie Rauenhors y Clerk, through KathKLu kert, Asst. City Mgr.
SUBJECT: PILGRIM L LEMENTARY LAWFUL GAMBLING
EXEMPTION
DATE: February 16, 1994, for City Council Meeting of February 28, 1994
1. ACTION REQUESTED: Adopt the attached resolution finding no objection to an
exemption from Lawful Gambling License for Pilgrim Lane Elementary School Parent-
Teacher Association for an event on April 14, 1994.
2. BACKGROUND: The City has received notice of Lawful Gambling Exemption for the
Pilgrim Lane Elementary School PTA to conduct a raffle and bingo at Pilgrim Lane
School, 3725 Pilgrim Lane North, on April 14, 1994.
3. ALTERNATIVES: This exemption will become effective unless a resolution is adopted
which specifically disallows such activity and is forwarded to the Charitable Gambling
Control Board within 60 days. The Council could approve or deny the request.
4. BUDGET IMPACT: No license fees are paid to the City. The $25 permit fee and proof
of nonprofit status are provided directly to the State by the applicant.
5. RECOMMENDATION: The attached resolution finding no objection to the request of
Pilgrim Lane PTA for lawful gambling exemption is recommended for adoption.
CITY OF PLYMOUTH
RESOLUTION NO. 94 -
FINDING NO OBJECTION TO LAWFUL GAMBLING EXEMPTION
FOR PILGRIM LANE ELEMENTARY PTA
WHEREAS, a notice of Lawful Gambling Exemption has been submitted to the City by
Pilgrim Lane Elementary School PTA for a raffle and bingo to be conducted on April 14,
1994.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Plymouth that it
finds no objection to the Lawful Gambling Exemption for Pilgrim Lane PTA for an event to
be conducted at 3725 Pilgrim Lane North on April 14, 1994.
Adopted by the City Council on February 28, 1994.
Agenda Number: 4 — F
TO: Mayor and City Council
FROM: Kathy Lueckert, Assistant City Manager
SUBJECT: Volunteers of America Week: March 6 - 13, 1994
DATE: February 23, 1994 for February 28, 1994
1. ACTION REQUESTED: Proclaim the week of March 6 - 13, 1994, as Volunteers of
America Week in Plymouth
2. BACKGROUND: Volunteers of America (VOA) was founded in 1896 and is one of
Minnesota's largest human service organizations. Over ninety percent of every dollar
received is spent on direct services, and these services benefit Plymouth residents in a
variety of programs. VOA has asked that the City Council proclaim March 6 - 13 as
Volunteers of American Week in honor of its 98th year of service.
A proclamation is attached for Council approval.
City of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
PROCLAMATION
VOLUNTEERS OF AMERICA WEEK MARCH 6 - 13, 1994
WHEREAS, the Volunteers of America, a human service organization, is celebrating its
98th year of service to the people of Minnesota and the nation; and
WHEREAS, the Volunteers of American provides a wide range of services in Hennepin
County, including homes for the mentally ill, congregate dining, home delivered meals,
children's emergency shelters, foster treatment homes, and work -release correctional
programs; and
WHEREAS, the Volunteers of America, through staff and volunteers have an impact on
the lives of Plymouth residents;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA that the week of March 6 - 13, 1994, shall be proclaimed as
Volunteers of America Week in Plymouth, Minnesota to recognize 98 years of service to the
community.
0 `
DATE: February 22, 1994 for Council Meeting of February 28, 1994
TO: Dwight Johnson, CitFy Manager, through
I"
Fred G. Moore,- Director of Public Works
FROM: John R. Sweeney, Assistant City Engineer
SUBJECT: BOND REDUCTIONS
ACTION REQUESTED: We have received requests from the developers for a bond
reduction to reflect completed work in their developments. The City has made
inspections of the work and I recommend that the attached resolutions be adopted.
These developments are:
1. Swan Lake South Addition 92112)
2. Greenwood Ponds Addition 91057)
3. Bass Creek Business Park Addition 89061)
4. Rockford Estates Addition 93008)
Jbhn R. Sweeney
Assistant City Engineer
attachments: Resolutions
RESOLUTION NO. 94 -
REDUCING DEVELOPMENT BOND
SWAN LAKE SOUTH ADDITION (92112)
WHEREAS, in accordance with the development contract dated April 12, 1993, JANCO, Inc., developer
of Swan Lake South Addition (92112), 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 development bond to reflect the completed
work;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA; that the bonding requirements are reduced as follows:
ITEM ORIGINAL NEW
AMOUNT AMOUNT
Street Construction 202,546 80,840
Except City Proj. No. 011)
Sanitary Sewer 109,092 21,818
Watermain 91,596 18,320
Storm Sewer 61,242 12,248
Boulevard and Drainage Swale Sod 13,000 13,000
Mitigation Pond Construction 1,020 500
Drainage Pond Construction 17,100 3,420
Street Signs (5 x 200) 1,000 200
Site Grading and Drainage Improvements 255,455 51,091
Park and Trail Improvements 9,150 8,000
Setting Iron Monuments 4,875 975
Design, Administration, Inspection, As-Builts 91.929 25.206
TOTAL 85805 235,618
That the letter of credit required for the above items be reduced as detailed above from $559,328 to
235,618 to reflect the completed work. Letter of Credit No. S402109 may be reduced accordingly.
RESOLUTION NO. 94 -
SWAN LAKE SOUTH ADDITION (92112)
Page Two
FURTHER BE IT RESOLVED that the bonding requirements for the following items per Section 8.1 of
the approved development contract be reduced as follows:
ITEM ORIGINAL NEW
AMOUNT AMOUNT
Maintenance of Erosion and Sediment
Control Plan Street Sweeping and Storm
Sewer Cleaning
Cash: $1,000 $1,000
Letter of Credit: $59,000 $59,000
Adopted by the City Council on February 28, 1994
RESOLUTION NO. 94 -
REDUCING DEVELOPMENT BOND
GREENWOOD PONDS ADDITION (91057)
WHEREAS, in accordance with the development contract dated June 16, 1992, Three Star Trucking and
Thomas Fisher, developer of Greenwood Ponds Addition (91057), 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 development bond to reflect the completed
work;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA; that the bonding requirements are reduced as follows:
ITEM ORIGINAL NEW
AMOUNT AMOUNT
Street Construction 41,842 4,184
Sanitary Sewer 18,900 1,890
Watermain 19,500 1,950
Storm Sewer (excluding City Project No. 016) 6,300 630
Boulevard and Drainage Swale Sod 2,000 2,000
Pond or Ditch Construction 0- 0-
Street Signs (2 x 150) 300 0-
Site Grading and Drainage Improvements 50,000 12,500
Park and Trail Improvements 1,320 1,320
Design, Administration, Inspection, As-Builts 16,819 2,936
TOTAL 156,981 29,410
That the letter of credit required for the above items be reduced as detailed above from $37,439 to
29,410 to reflect the completed work.
RESOLUTION NO. 94 -
GREENWOOD PONDS ADDITION (91057)
Page Two
FURTHER BE IT RESOLVED that the bonding requirements for the following items per Section 8.1 of
the approved development contract be reduced as follows:
ITEM ORIGINAL NEW
AMOUNT AMOUNT
Maintenance of Erosion and Sediment
Control Plan Street Sweeping and Storm
Sewer Cleaning
Cash: $1,000 $1,000
Letter of Credit No. 92-7: $9,400 $9,400
FURTHER BE IT RESOLVED that the sanitary sewer, watermain, storm sewer and street construction
including concrete curb and gutter is accepted for continual maintenance as of February 28, 1994 subject
to the Two Year Guarantee by the Developer.
FURTHER BE IT RESOLVED that pursuant to the developer's request, a 10% retainer will be
held in the required development bond for the sanitary sewer, watermain, storm sewer, street
construction, and concrete curb and gutter in lieu of the required maintenance bond.
Adopted by the City Council on February 28, 1994.
RESOLUTION NO. 94 -
REDUCING DEVELOPMENT BOND
BASS CREEK BUSINESS PARK ADDITION (89061)
WHEREAS, in accordance with the development contract revised and dated June 12, 1990 Opus
Corporation & Schneider (USA), Inc., developer of Bass Creek Business Park Addition (89061), 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, in accordance with City ordinances the developer provided a financial guarantee to guarantee
the payment of the first two years of special assessments for street construction and the first four years of
special assessments for utility construction; and
WHEREAS, the letters of credit are identified as Letter of Credit No. 73817 (streets) and Letter of Credit
No. 73816 (utilities); and
WHEREAS, the developer has paid the first two years of special assessments for Levy No's 12350
utilities) and 12351 (streets); and
WHEREAS, the developer has sold Lot 2, Block 2, Bass Creek Business Park Addition to Twin City Fan
and Blower Company and they subsequently provided Letter of Credit No. S401818 in the amount of
21,259.03 and Letter of Credit No. S401819 in the amount of $7,946.31 as their share of project costs
for Levy No. 12350 and Levy No. 12351 respectively; and
WHEREAS, the developer has previously requested a reduction of the development bond to reflect the
completed payments, sale of Lot 2, Block 2, Bass Creek Business Park Addition and subsequent submittal
of financial guarantees by Twin City Fan and Blower Co.
FURTHER BE IT RESOLVED that the bonding requirements for the following items per Section 8.1 of
the approved development contract be reduced as follows:
ITEM ORIGINAL NEW
AMOUNT AMOUNT
Four year payment guarantee for special $741,221.56 $264,600.00
assessment for utility construction per Levy No.
12350 (Must remain in effect through 1995)
Two year payment guarantee for special $423,039.00 $0 (zero)
assessments for street construction per Levy No.
12351 (Must remain in effect through 1993).
NOW THEREFORE BE IT FURTHER RESOLVED that Letter of Credit No. 73816 in the amount of
353,409.82 is hereby reduced to $264,600 and Letter of Credit No. 73817 in the amount of $107,091.05
is hereby reduced to $0 (zero) and will be returned by the Finance Department.
Adopted by the City Council on February 28, 1994.
RESOLUTION NO. 94 -
REDUCING DEVELOPMENT BOND
ROCKFORD ESTATES ADDITION (93008)
WHEREAS, in accordance with the development contract dated September 30, 1993, Goff Homes, Inc.,
developer of Rockford Estates Additiion (93008), 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 development bond to reflect the completed
work;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA; that the bonding requirements are reduced as follows:
ITEM ORIGINAL NEW
AMOUNT AMOUNT
Street Construction 116,160 65,658
Sanitary Sewer 45,229 45,229
Watermain 6006 60,686
Storm Sewer 40,313 40,313
Boulevard and Drainage Swale Sod 6,300 6,300
Mitigation Pond Construction 0- 0-
Drainage Pond Construction 0- 0-
Street signs (3 x 200) 600 600
Site Grading and Drainage Improvements 63,537 63,537
Park and Trail Improvements 0- 0-
Setting Iron Monuments 3,000 3,000
Design, Administration, Inspection, As-Builts 40,299 34.239
TOTAL 376,124 319,562
That the letter of credit required for the above items be reduced as detailed above from $376,124 to
319,562 to reflect the completed work.
RESOLUTION NO. 94-
ROCKFORD ESTATES ADDITION (93008)
Page Two
FURTHER BE IT RESOLVED that the bonding requirements for the following items per Section 8.1 of
the approved development contract be reduced as follows:
ITEM ORIGINAL NEW
AMOUNT AMOUNT
Maintenance of Erosion and Sediment
Control Plan Street Sweeping and Storm
Sewer Cleaning (See Grading Permit No. 55899
for required financial guarantee) $1, 000 $1,000
Cash:
Letter of Credit No. 11513: 20,000 20,000
Adopted by the City Council on February 28, 1994.
Agenda Number: % - P
DATE: February 23, 1994 for the City Council Meeting of February 28, 1994
TO: Dwight Johnson, City Manager through
Jl
Fred G. Moore, P.E. , Director of Public Works
FROM: John R. Sweeney, Assistant City Engineer
SUBJECT: REIMBURSEMENT FOR REQUIRED CONSTRUCTION OF THE 24 INCH
TRUNK WATERMAIN IN PARKERS LAKE NORTH 2ND
ADDITION/SHENANDOAH LANE EXTENSION AREA. (93067)
ACTION REQUESTED: The City Council should adopt the resolution authorizing reimbursement to
the developer for the installation of the required 24 inch watermain in Parkers Lake North 2nd Addition
within and adjacent to Shenandoah Lane extending southeasterly from Vicksburg Lane to 22nd Avenue
North and northeasterly from Shenandoah Lane to 23rd Avenue North.. The required 24 inch
watermain has been constructed in accordance with the approved plans and specifications.
BACKGROUND: The City's Comprehensive Water Distribution Plan requires that a 24 inch
watermain be constructed in the Parkers Lake North 2nd Addition within and adjacent to Shenandoah
Lane to complete a 24 inch watermain loop between Vicksburg Lane and Niagara Lane.
In accordance with City policies, the developer is required to construct the utilities in
compliance with the City's Comprehensive Plans. In this instance, a 24 inch watermain was required.
In accordance with City policy, the cost of oversizing the watermain from 12 inches to a 24 inch trunk
watermain will be paid by the City. The developer, Laukka-Williams Parkers Lake and the City of
Minneapolis, has completed the required work in accordance with the terms detailed in the approved
plans and specifications.
The developers are now requesting reimbursement for the watermain construction that has been
completed and their engineer has verified that the total construction cost for the required 24 inch
watermain to comply with the Comprehensive Plan is $89,366, therefore, the reimbursement requested
for the required construction is $89,366. The actual cost compares favorably with the estimated
amount of the reimbursement in the development contract which was $83,394.
SUBJECT: REIMBURSEMENT FOR REQUIRED CONSTRUCTION OF THE 24 INCH
TRUNK WATERMAIN IN PARKERS LAKE NORTH 2ND
ADDITION/SHENANDOAH LANE EXTENSION AREA. (93067)
February 23, 1994
Page Two
RECOMMENDATIONS AND CONCLUSIONS: It is authorized that the City Council adopt the
attached resolution authorizing the reimbursement to the developer for the cost of the construction of
the required 24 inch watermain that has been completed in accordance with the approved plans and
specifications for Parkers Lake North 2nd Addition/Shenandoah Lane area. The amount of the final
reimbursement is $89,366 and would be allocated from the Trunk Water Fund.
J91in R. Sweeney
attachments:
Request dated November 22, 1993
Resolution No. 94-80 Accepting Utilities for Maintenance Adopted February 7, 1994
Pages 7 and 10 of the Development Contract
CITY OF PLYMOUTH
RESOLUTION 94 -
REIMBURSING DEVELOPER FOR
REQUIRED 24 INCH TRUNK WATERMAIN CONSTRUCTION
PARKERS LAKE NORTH 2ND ADDITION/SHENANDOAH LANE EXTENSION (93067)
WHEREAS, the City of Plymouth and Laukka-Williams Parkers Lake and the City of Minneapolis
have entered into a development contract dated July 12, 1993 for the development of Parkers Lake
North 2nd Addition/Shenandoah Lane Extension; and
WHEREAS; as part of this development, the developer was required to construct a 24 inch watermain
in Parkers Lake North 2nd Addition/Shenandoah Lane Extension in order to conform with the City of
Plymouth's Water Distribution Plan; and
WHEREAS, in accordance with City policy, the developer installed the required 24 inch watermain in
Parkers Lake North 2nd Addition/Shenandoah Lane Extension within and adjacent to Shenandoah Lane
extending southeasterly from Vicksburg Lane to 22nd Avenue North and northeasterly from
Shenandoah Lane to 23rd Avenue North; and
WHEREAS; it is the policy of the City of Plymouth to reimburse developers for required watermain
construction upon completion in accordance with the approved plans and specifications and acceptance
for continual maintenance by the City; and
WHEREAS, this required construction amounts to $89,366.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA: That the developer, Laukka-Williams Parkers Lake and the City of
Minneapolis, is to be reimbursed in the amount of $89,366 for the required 24 inch watermain
construction based on the alignment in the construction plans and in accordance with City policy.
BE IT FURTHER RESOLVED that the funds be allocated from the Trunk Water Fund.
Adopted by the City Council on February 28, 1994.
L.A. LAUKKA DEVELOPMENT COMPANY
November 22, 1993
Mr. John Sweeney, Engineering Dept.
CITY OF PLYMOUTH
3400 Plymouth Boulevard
Plymouth MN 55447
93D67
No. 2
SHC1vAMoo.4N La . C
RE: Petition for Acceptance of Oversized Waterma.in, Shenandoah
Lane extension, Parkers Lake North 2nd Addition
Dear Mr. Sweeney:
As part of the City of Minneapolis and Laukka-Williams Parkers
Lake's contract for the private and public improvements to
Shenandoah Lane and its related infrastructure from 22nd Avenue
North to Vicksburg Lane, an oversized watermain was constructed
at the City of Plymouth's request. By this letter, I hereby
certify that said watermain is complete, has been constructed
in substantial conformance with the approved plans and
specifications for said watermain, and that said improvement is
available for inspection by City of Plymouth personnel for
acceptance and future maintenance by the City.
As construction manager for these improvements, we hereby
petition the City Council of the City of Plymouth to accept the
above referenced improvement for maintenance purposes and to
refund to the owners (Mpls./Laukka-Williams) the difference in
cost between said oversized watermain and the standard
watermain in accordance with the Contract for Residential
Developments, dated July 12, 1993 (93067), between the City and
Mpls./Laukka-Williams. Calculation of the difference in cost
is attached.
Sincerely,
L.A. LAUKKA DEVELOPMENT CO.
c By: `, PJ y
David E. Hansing, P.E. t
Project Manager/Land
Registration No. 8146
Enclosure
3300 EDIIIBOROUGH WAY • SUITE 201 • EDINA, MINNESOTA 55435 • TELEPHONE 612/896-1971
vaterzain SHENANDOAH LANE TRUNK FACILITIES
PARSERS LAKE NORTH 21D ADDITION
93067)
ESTIMATED COST DIFFERENCE BETWEEN
A 24' DIP VS. 12' DIP
As Constructed (24' DIP) Equivalent 12' DIP
Bid----------------------------------- ---------------------------------
Itet Contract Unit Actual Contract Unit Estiiated
No. Bid Iter Description U/K Qty. Price Cost Qty. Price Cost
1 /Connect to existing stub EA
2 /24' DIP class 51 LF
3 /24' B.F. valve & box EA
4 /24'-90 degree bend EA
5 /24' -45 degree bend EA
6 /24'-22-112 degree bend BA
7 /24' -11-1/4 degree bend EA
8 /24' tee EA
9 /24' x 12' SEB reducer EA
10 /12' x 28' SEB reducer EA
11 /24' x 8' tee EA
12 124' x 6' tee EA
13 /Crashed rock pipe bedding TON
3.00 $1,000.00 $3,000.00
2,081.00 46.00 95,726.00
2.00 3,500.00 1,000.00
2.00 2,300.00 4,600.00
1.00 1,700.00 1,700.00
1.00 1,700.00 1,700.00
1.00 1,700.00 1,700.00
1.00 3,500.00 3,500.00
1.00 800.00 800.00
1.00 100.00 100.00
4.00 2,200.00 8,800.00
5.00 2,200.00 11,000.00
100.00 1.00 700.00
3.00 $300.00 $900.00
2,081.00 22.00 45,782.00
2.00 682.00 1,364.00
2.00 118.00 236.00
1.00 118.00 118.00
1.00 118.00 118.00
1.00 118.00 118.00
1.00 200.00 200.00
0.00
1.00 100.00 100.00
4.00 151.00 604.00
5.00 144.00 720.00
100.00 7.00 700.00
Estiiated
Cost
Difference
Credit
Due
Owners)
2,100.00
49,944.00
5,636.00
4,364.00
1,582.00
1,582.00
1,582.00
3,300.00
800.00
0.00
8,196.00
10,280.00
0.00
140,326.00 $50,960.00 $89,366.00
2. STREETS (continued)
b. Collector and/or Thoro ehfare Streets
56 feet wide face to face curb, nine ton design with concrete
curb and gutter design B-618 in conformance with Standard Plate No.
STRT-2 .
Shenandoah Lane
2.2 Sub -grade
Unsuitable soil shall be excavated within three feet (3') of sub -grade.
The Developer shall furnish a complete soils report which shall include
recommendations as to the sub -grade correction, etc.
2.3 Sub -base
Shall be constructed in accordance with the typical section shown on the
approved plans.
2.4 Base
Shall be constructed in accordance with the typical section shown on the
approved plans.
2.5 Surfacinc
Shall be constructed in accordance with the typical section shown on the
approved plans.
3. UTILITIES
3.1 Sanitary Sewer
Shall be constructed in accordance with the approved plans and
specifications; and the 1990 Comprehensive Sewer Policy Plan adopted
December 18, 1989.
3.2 Storm Sewer
Storm sewer as well as all drainage ways and ponds shall be constructed
in accordance with the approved plans and specifications and shall
conform to the City of Plymouth Master Storm Drainage Plan adopted
November 15, 1982, and the appropriate watershed district requirements
where applicable.
3.3 Watermains
Watermains shall be constructed in accordance with the approved plans
and specifications and the 1990 Water Supply and Distribution Plan
adopted August 6, 1990. The difference in cost between the 12" and 24"
watermain will be reimbursed to the developer after the watermain is
accepted for continual maintenance. The estimated reimbursed amount is
83,394.
3.4 Private Utilities
The developer shall be responsible for the installation of telephone,
electrical and natural gas service. The required utilities shall not be
installed until the boulevard or utility easements have been graded.
All such utilities shall be installed underground.
7 -
ITEM
Street Construction
Sanitary Sewer System
Salvage Removal & Installation
Watermain System
Storm Sewer System
Median Landscaping & Irrigation
Boulevard and Drainage Swale Sod
Drainage Pond Construction
Mitigation Pond Construction
Street Signs (1 x 200)
Park & Trail Improvements
Site Grading & Drainage Imp.*
Setting Iron Monuments
SUB -TOTAL:
Design, Admin., Insp., As-Builts
12z)
TOTAL:
1) Public - City to own and/or maintain after development completed.
2) Private - Property owner and/or property owners' association to maintain
after development completed.
Letter of
Cash Credit Total
8.1 Installation and
Maintenance of Erosion and
Sediment Control Plan,
Street Sweeping and
Storm Sewer Cleaning $ Grading Permit No. 54682
Note: If a grading permit was issued and the financial guarantee released
and/or expired, these monies may be used for required maintenance of
the Erosion and Sediment'Control Plan.
Note: $138,976 is the estimated cost of the 24" watermain, the estimated
cost of a 12" watermain is $55,582. The difference between the 12"
and 24" watermain will be reimbursed to the developer. This
estimated cost to the city is $83,394 (see 3.3 Page 7).
10 -
ESTIMATED.COSTS
Public(
1) Private m—Tota 1
229.013 0- 229.013
18.464 0- 18.464
3.802 0- 3.802
155.984 0- 155.984
183.911 0- 183.911
0- 44.095 44.095
0- 12.700 12.700
0- 0- 0-
95.600 0- 95.600
200 0- 200
24.100 0- 24.100
114.383 0- 114.383
0- 0- 0-
825.457 56.795 882.252
99.055 6.815 105.870
924.512 63.610 988.122
1) Public - City to own and/or maintain after development completed.
2) Private - Property owner and/or property owners' association to maintain
after development completed.
Letter of
Cash Credit Total
8.1 Installation and
Maintenance of Erosion and
Sediment Control Plan,
Street Sweeping and
Storm Sewer Cleaning $ Grading Permit No. 54682
Note: If a grading permit was issued and the financial guarantee released
and/or expired, these monies may be used for required maintenance of
the Erosion and Sediment'Control Plan.
Note: $138,976 is the estimated cost of the 24" watermain, the estimated
cost of a 12" watermain is $55,582. The difference between the 12"
and 24" watermain will be reimbursed to the developer. This
estimated cost to the city is $83,394 (see 3.3 Page 7).
10 -
RESOLUTION NO. 94-80
REDUCING DEVELOPMENT BOND
PARK_FRS LAKE NORTH 2ND ADDITION (93067)
SHENANDOAH LANE EXTENSION
WHEREAS, in accordance with the development contract dated July 12, 1993, Laukka-Williams Parkers
Lake and the City of Minneapolis, developer of Parkers Lake North 2nd Addition - Shenandoah Lane
Extension, (93067), 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 development bond to reflect the completed
work;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA; that the bonding requirements are reduced as follows:
ITEM ORIGINAL NEW
AMOUNT AMOUNT
Street Construction 229,013 45,803
Sanitary Sewer 18,464 0-
Salvage Removal & Installation 3,802 1,896
Watermain 155,984 0-
Storm Sewer 183,911 36,782
Median Landscaping & Irrigation 44,095 30,360
Boulevard and Drainage Swale Sod 12,700 12,700
Drainage Pond Construction 0- 0-
Mitigation Pond Construction 95,600 95,600
Street Signs (1 x 200) 200 0-
Site Grading and Drainage Improvements 114,383 11,438
Park and Trail Improvements 24,100 17,100
Setting Iron Monuments 0- 0-
Design, Administration, Inspection, As-Builts 105.870 30,212
TOTAL 988,122 281,891
That the letter of credit required for the above items be reduced as detailed above from $321,181 to
281,891 to reflect the completed work.
RESOLUTION NO. 94 80
PARKERS LAKE NORTH 2ND ADDITION (93067)
Page Two
FURTHER BE IT RESOLVED that the bonding requirements for the following items per Section 8.1 of
the approved development contract be reduced as follows:
RM
Maintenance of Erosion and Sediment
Control Plan Street Sweeping and Storm
Sewer Cleaning
Cash:
Letter of Credit:
ORIGINAL NEW
AMOUNT AMOUNT
1,000 $1,000
23,000 $23,000
FURTHER BE IT RESOLVED that the sanitary sewer and watermain construction is accepted for
continual maintenance as of February 7, 1994 subject to the Two Year Guarantee by the Developer.
Adopted by the City Council on February 7, 1994.
Agenda Number: (o- _E
TO: Dwight Johnson, City Manager
FROM: Paul Buck, Forester through Eric Blank, Director of Parks & Recreation
SUBJECT: 1994 Spring Reforestation
DATE: February 22, 1994 for City Council Meeting of February 28, 1994
1. ACTION REQUESTED: Approve the attached resolution awarding the 1994 Spring
Reforestation contract to North Metro Landscaping in the amount of $12,405.00
2. BACKGROUND: As in past years, the City Forester is responsible for planting of trees
on publicly owned lands. In 1994 the sites will be:
A. Bass Lake Playfield
B. South Shore Park
C. Schmidt Lake Park
D. Zachary Playfield
54 trees
19 trees
18 trees
5 trees
TOTAL 96 trees
3. BUDGET EVIPACT: The contract will be paid for out of Forestry line item 101-125-
810.26 budgeted at $27,500
4. RECOMMENDATION: North Metro Landscaping was the lowest responsible bidder and
their references provided good recommendations concerning professionalism and quality of
workmanship. For these reasons, I feel confident in the planting projects assigned them in
1994.
PB
Attachment
cc: Mark Peterson, Park Maintenance Supervisor
RESOLUTION NO.
AWARDING OF BID FOR 1994 REFORESTATION PROPOSAL
WHEREAS, the Forestry Division is responsible for the 1994 Reforestation Program to be
carried out on City owned lands; and
WHEREAS, in accordance with the City bid specifications that were prepared and distributed,
and bid proposals received and opened on February 18, 1994; and
WHEREAS, the following bids were received:
BIDDERS TOTAL BID
Midwest Landscaping 14,347.00
Midland Landscape 12,710.00
Wilson's North West 13,498.00
L & K Landscaping No Bid
Green Acres Tree No Bid
Arteka Natural Green No Bid
Hoffman & McNamara No Bid
North Metro Landscaping 12,045.00
AND WHEREAS, the bid of North Metro Landscaping is in conformance with City
specifications for plant materials, North Metro Landscaping is therefore declared lowest
responsible bidder.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does accept the proposal of
North Metro Landscaping in the amount of $12,045.00. Further, that funds in the amount of
12,045.00 are authorized from account no. 101-125-810.26-000-000.
Adopted by the City Council on
Agenda Number: :o — T
TO: Dwight Johnson, City Manager
FROM: Anne Hurlburt, Community Development Director
SUBJECT: FINAL APPROVAL OF INDUSTRIAL DEVELOPMENT REVENUE
BONDS FOR DAILY PRINTING
DATE: February 24, 1994 for the City Council Meeting of February 28, 1994
1. ACTION REQUESTED:
Grant final approval to issue industrial development revenue bonds (IDRBs) for the Daily
Printing Project.
2. BACKGROUND:
On November 15, 1993 the City Council held a public hearing and gave preliminary approval
for tax-exempt bond financing for the construction by Daily Printing, Inc. of a 70,000 square
foot printing facility in the Parkers Lake Corporate Center, on Niagara Lane between 25th and
23rd Avenue North. The preliminary approval authorized IDRB financing up to $4.5 million.
They have received an allocation from the State of Minnesota in the amount of $4 million.
The final amount of the bond issue will be $3,930,000. The bonds will be guaranteed by a
letter of credit from First Banks N.A. , Minneapolis.
A copy of the November 12, 1993 staff report providing further background is attached for
your information.
3. RECOMMENDATION:
I recommend that the Council adopt the attached resolution authorizing the issuance of
Industrial Development Revenue bonds in the aggregate principal amount not to exceed
3,930,000 for the Daily Printing Project.
ATTACHMENTS:
1. November 12, 1993 Staff Report
2. Draft Resolution
plan\staffrep\cc\dpfinal.doc
DATE: November 12, 1993 for City Council Meeting of November 15, 1993
TO: Dwight Johnson, City Manager
FROM: Anne HurlbukCommunity Development Director
Dan Nelson, City Attorney's Office
SUBJECT: DAILY PRINTING, INC., PUBLIC HEARING ON REQUEST
FOR $6 MILLION OF INDUSTRIAL DEVELOPMENT
REVENUE BOND (IDRB) FINANCING
1. ACTION REQUESTED
Hold a public hearing and subsequently adopt the attached resolution giving preliminary
approval to a project on behalf of Daily Printing, Inc. and its financing under the
Minnesota Municipal Industrial Development Act; referring the proposal to the
Minnesota Department of Trade and Economic Development for approval; authorizing
a submission to the Minnesota Department of Finance for an allocation of bonding
authority; and authorizing the preparation of necessary documents.
2. BACKGROUND
At its meeting on October 18, 1993 the City Council authorized publication of a public
hearing notice and established November 15th as the date for a public hearing on a
proposed issuance by the City of Plymouth of up to $6 million of Industrial
Development Revenue Bonds (IDRB's) for Daily Printing, Inc. This public hearing is
required under both State and federal law.
The proposed bonds would be used to finance the construction by Daily Printing, Inc.
of a new, larger printing facility in Plymouth. Daily Printing is a commercial printing
business currently located at 2220 Fernbrook Lane in Plymouth. They have been in
business since 1950, since 1978 at the present location. They proposed to relocate the
company to a new building to be built in the Parkers Lake Corporate Center, on
Niagara Lane between 25th and 23rd Ave. North (see attached location maps.) They
propose a 70,000 square foot building on the 13.236 acre site, which would also
accommodate up to 80,000 additional square feet of expansion space. The company
employs 89 people, and would add 10 additional jobs in the first phase at the new
location. They hope to complete their move by October of 1994.
Upon completion of the public hearing, the City Council is to consider the resolution
giving preliminary approval to this is issue and authorizing Daily Printing, Inc. and the
City representatives to complete the necessary applications to the Minnesota
Department of trade and Economic Development for approval of this project and the
Minnesota Department of Finance for an allocation of tax-exempt bonding authority. If
approved by the Plymouth City Council, Daily Printing, Inc. would intend to apply for
a bond allocation by January 3, 1994 and would be required to issue these bonds within
90 days. Before the bonds could be issued, the Plymouth City Council would have to
pass a final resolution approving the terms of the bonds and the related bond
documents.
If approved the bonds of the City of Plymouth to finance the Daily Printing, Inc.
Project would not constitute a debt or obligation of the City of Plymouth, or a charge
against its general credit or taxing powers. Rather, these bonds would be payable
solely form the revenues provide by Daily Printing, Inc. In addition the bonds would
be secured by a letter of credit issued by First Bank National Association.
3. ISSUES
At its October 18 meeting, the City Council requested additional information needed to
determine if two of the IDRB guidelines were met by the proposed project.
First, there was a question as to how much of the bond proceeds would be used to
purchase equipment. The City's policy states that it will not normally consider
financing equipment which is not an integral part of the structure. The initial
information on the project indicated that up to $600,000 was to be used for acquisition
and installation of equipment. Clarification was sought from Daily Printing, and staff
has received written confirmation that the $600,000 amount will cover the tearing
down, moving, erecting and hooking up of the company's current equipment, and will
not be used to purchase any new equipment.
Secondly, the Council requested additional information on Daily Printing's financial
condition and the equity that they would be contributing to the project. Staff obtained
the company's last three fiscal year end audited financial statements, their most recent
six month interim financial statement, the company's internally prepared forecasts,
together with First Bank's spread sheets of those historical financial statements and
their own forecasts. We submitted those statements to Peat Marwick, Certified Public
Accountants, for review. Attached is a copy of a memorandum to me from Dale Hahn,
Finance Director, summarizing their comments.
2
In their review, Peat Marwick identified two concerns. First, there was a question of
the equity that the company would be putting into the project. This issue was
subsequently discussed with Roger Janikowski of First Bank. He indicated that while
final cost figures are not yet available, it is expected that the total project cost will be
approximately $5.2 million. Of that amount, Daily will provide $1.2 million in cash,
and borrow approximately $4 million in IDRB financing. The bank will provide a
letter of credit to enhance the bonds, and hold as collateral a first mortgage on the land,
building and equipment. Based on this information, we believe that the requirement for
a reasonable showing of equity in the project has been satisfied. It also appears that the
final amount of the bond issue will be significantly less than the $6 million initially
indicated.
The second concern was that the financial statements reflect large life insurance
proceeds. We requested some additional information to determine whether these
proceeds were from the death of a key person, which could affect the future operations
of the company. The life insurance proceeds are from the death of the original owner
of the company, who has not participated in the operation of the business for
approximately 12 years.
4. RECOMMENDATION
I recommend that the Council adopt the attached resolution granting preliminary
approval to Daily Printing's request for Industrial Development Revenue Bond
Financing in an amount not to exceed $4.5 million. The amount reflected in the
resolution is less than the initial request because of the new information on project costs
and to ensure that the requirement for a reasonable showing of equity in the project will
be met.
Attachments:
1. Site Location Map
2. Site Plan
3. Policy and Procedures Relating to Applications for Industrial Development
Bond Financing, Resolution No. 84-157
4. Letter dated October 28, 1993 from Roger Janikowkski, First Bank Plymouth
5. Memorandum dated November 10, 1993 from Dale E. Hahn
6. Resolution
p1an\staffrep\cc\dai1y2. doc
K
M E M O R A N D U M
TO: Plymouth City Council
FROM: Best & Flanagan, City Attorney
DATE: November 9, 1993
RE: Daily Printing, Inc. Project
At the Plymouth City Council meeting on October 18,
1993 the City Council authorized publication of a public hearing
notice and established November 15th as the date for a public
hearing on a proposed issuance by the City of Plymouth of up to
6,000,000 of Industrial Development Revenue Bonds for Daily
Printing, Inc. This public hearing is required under both State
and federal law. The proposed bonds would be used to finance
the construction by Daily Printing, Inc. of a new, larger
printing facility in Plymouth.
Upon completion of the public hearing the City Council
is to consider the resolution giving preliminary approval to
this issue and authorizing Daily Printing, Inc. and the City
representatives to complete the necessary applications to the
Minnesota Department of Trade and Economic Development for
approval of this Project and the Minnesota Department of Finance
for an allocation of tax-exempt bonding authority. If approved
by the Plymouth City Council, Daily Printing, Inc. would intend
to apply for an allocation of up to $6,000,000 of bonds by
January 3, 1994 and would be required to issue these bonds
within 90 days. Before these bonds could be issued the Plymouth
City Council would have to pass a final resolution approving the
terms of the bonds and the related bond documents.
If approved, the bonds of the City of Plymouth to
finance the Daily Printing, Inc. Project would not constitute a
debt or obligation of the City of Plymouth or a charge against
its general credit or taxing powers. Rather, these bonds would
be payable solely from the revenues provided by Daily Printing,
Inc. In addition, the bonds would be secured by a letter of
credit issued by First Bank National Association.
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POLICY AND PROCEDURES RELATING TO APPLICATIONS FOR
INDUSTRIAL DEVELOPMENT BOND FINANCING
Resolution No. 84-157
Date: March 12, 1984 (Supersedes Res. No. 81-197, March 16, 1981; Res. No. 81-212,
March 23, 1981; Res. No. 82-150, March 1982)
The City Council has been granted authority to issue Municipal Industrial Development Bonds
by the terms of the Minnesota Industrial development Act, M.S.A. Chapter 474, as amended.
The Council is aware that such financing may benefit the community and, accordingly has
indicated its willingness to consider requests for Industrial Development Bond financing
subject to the following guidelines:
1. The project shall be compatible with the overall development plans and
objectives of the city.
2. The project shall be of a nature the City wishes to attract, or an existing
business the City desires to have expand within the City. Potential for new
employment, incentive for further development, impact on City service
requirements, and compatibility with other land uses and/or the adjacent
neighborhood will be considered in reviewing the application.
3. Projects of a speculative nature will not be considered, and it is the Council's
desire that a substantial portion of the project be occupied by the applicant.
4. The City's goals will be to approve the application of (a) well-established
companies with good performance records and good future prospects and (b)
newer companies whose performance indicates sound future earnings prospects
and product acceptance.
5. The City will not normally consider:
a) Projects of essentially a warehousing nature unless the project provides
substantial additional employment.
b) Special purpose type structures not readily adaptable to other uses.
c) Equipment which is not an integral part of the structure.
d) Inventory of parts of equipment.
e) Professional, service and retail businesses whose location is primarily
dictated by market considerations to be near, or convenient to their
customers.
6. The City shall normally expect the applicant to demonstrate a reasonable
showing of equity in the proposed project. A "reasonable showing of equity"
may vary from project to project, however, will normally involve land costs
and/or other project "soft costs', such as consulting fees, financing reserves and
moving costs. Exceptions to this requirement will be considered by the Council
on an individual basis.
3a
7. The City may submit the applicant's fiscal data to financial analysts of its
choice. The financial analysts will review the data and make such written
comments to the City as to the current and projected financial position of the
applicant in order that the Council will be in a position to reasonably evaluate
the applicant's ability to service the proposed debt.
8. The applicant shall select qualified financial consultants and/or underwriters, to
prepare all necessary documents and materials required for the project. The
City may rely on the opinion of such experts. The application shall be
accompanied by the financial consultant and/or underwriter regarding the
financial strength of the applicant as well as the feasibility of the project, ability
to sell the bonds, or in the case of a tax-exempt mortgage, a tentative letter of
commitment from the lending institution. All fees and expenses of approving
bond counsel shall be paid by the applicant.
9. If the application for financing is reviewed prior to the time the City considers
preliminary land use recommendations with respect to zoning, site plan and
public utilities, the applicant is advised that such financing reviews are not
connected in any way with subsequent requests for land use approvals. The
City Council will consider the financial application and the subsequent land use
requests independent of one another and the favorable finding in one instance
shall not obligate or indicate subsequent findings will be favorable. In any
event, applicants shall indicate their intention to apply for industrial
development revenue bond financing not later than at the time of application for
final site plan approval; failure to do so shall disqualify the application for
further consideration.
10. The applicant and its bond underwriters shall hold the City, its officers,
consultants and agents harmless from any alleged or actual violations of any
securities laws, State or Federal, in connection with the issuance of bonds for
their project.
11. The City reserves the right to deny any application for Municipal Industrial
Development bond financing at any stage of the proceedings prior to adopting
the resolution authorizing issuance of Industrial Development Bonds.
12. The Industrial Development Act permits the Council to issue bonds for certain
non-profit corporations. While the City may consider such requests, the non-
profit corporation shall be reviewed in accordance with the criteria: The
applicant's project will (a) directly fulfill strategic development objectives of the
City, (b) provide a significant number of new jobs for the City, and (c) the
services. rendered by the project shall be of direct benefit to a large segment of
the City's population.
13. The City may waive some of the foregoing requirements to encourage and foster
specific high quality projects of significant scale or scope in the area generally
referred to as "Downtown Plymouth." Proposals submitted shall be responsive
to the adopted General Development Plan for Downtown Plymouth.
14. The applicant shall submit a non-refundable fee of $1,000 with the application
to cover City administrative costs in processing the application.
3b
First Bank
1 ' Plymouth
R
3305 Plymouth Blvd.
Plymouth, Minnesota 55447
612 559-5212
October 28, 1993
Anne Hurlburt
Director of Community Development
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447
RE: Proposed Industrial Development Revenue Bonds for Daily
Printing, Inc.
Dear Anne:
Pursuant to your request and with the permission of Daily
Printing, Inc., I am releasing to you the company's last three
fiscal year end audited financial statements, their most recent
six month interim financial statement, the company's internally
prepared forecasts, together with our Bank's spread sheets of
those historical financial statements as well as our own
forecasts.
In your letter, you have requested whether or not there would
be a credit enhancement for this project. It is our intent, at
this time, to provide a letter of credit to enhance the bonds
and the bank would secure itself with a mortgage on the
property. Thirdly, you had asked how much of the IDRB
financing would be used for equipment. The company has
indicated that very little, if any, of the proceeds will be
used for the purchase of new equipment. There will be expense
involved, however, with the transportation and set up of their
existing equipment into their new building. When the bank has
received the final plans and contracts, we intend to complete
our due diligence and take the request into credit committee
for final approval at which time we will issue our formal
commitment. If you have any questions or need any additional
information, please do not hesitate to call at 559-1143. Thank
you.
Sincerely,
Roger M. Janikowski
Vice President
Business Banking
RMJ/jea
Member First Bank System
DATE: November 10, 1993
TO: Anne Hurlburt, Community Development Director
FROM: Dale E. Hahn, Finance Director
SUBJECT: REVIEW OF DAILY PRINTING FINANCIAL POSITION
I have received the comments back from Steve Laible from Peat Marwick, Certified
Public Accountants, regarding his review of the Daily Printing Company. His major
points of interest were:
1. It doesn't appear that Daily Printing is putting any of their own cash into the
six million dollar project.
2. Based upon the five percent growth projections used by First Bank System,
there is no problem with paying the debt service on this issue. If no growth
occurs, there would be a problem in repaying the bonds.
3. The financial statements reflect large life insurance proceeds. Are these
proceeds from the death of a key person, which could affect the future
operations of the company?
4. The Company has good annual profits and appears to be a good going
concern.
5. The financial statements were prepared by a sole proprietor certified public
accounting firm, which may or may not be of concern.
Based upon the above comments, I believe it would be appropriate to contact the First
Bank System regarding the company's cash going into this project, and also see if they
are aware of potential problems with the death of a key person.
FRAM 8E'=,T R.- FLNh1A13A1.1 k, x',1994 1h: . I . P. 4
RESOLUTION NO 94-
A
4 -
A RESOLUTION OF THE CITY OF PLYMOUTH, MINNESOTA
AUTHORIZING THE ISSUANCE OF ITS INDUSTRIAL
DEVELOPMENT REVENUE BONDS (DAILY PRINTING, INC.
PROJECT), SERIES 1994 IN THE AGGREGATE PRINCIPAL
AMOUNT NOT TO EXCEED $3,930,000; PRESCRIBING THE
FORM OF AND AUTHORIZING THE EXECUTION OF AN
INDENTURE OF TRUST, A LOAN AGREEMENT AND CERTAIN
RELATED DOCUMENTS; AUTHORIZING THE EXECUTION AND
SATR OF THR RnNn,9 ANn nTHFCTTNn nFTMIRRY THFRFnF
APPROVING A FINAL FORM OF PLACEMENT MEMORANDUM; AND
PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF
THE OWNERS OF SAID REVENUE BONDS.
WHEREAS, the City of Plymouth, Minnesota (the "Issuer") is
a home rule charter city duly organized and existing under the
Constitution and laws of the State of Minnesota; and
WHEREAS, pursuant to the Constitution and laws of the
State of Minnesota, particularly Minnesota Statutes, Sections
469.152 through 469.165 (the "Act"), the Issuer is authorized
to carry out the public purposes described therein and
contemplated thereby in the financing of economically sound
in&usosvy ustLin i 1: a,. lu i 11 1
S' yNVHJ. Aly i .r V `l.LV /V I AJ LV
defray, in whole or in part, the development costs of such
industry, and by entering into any agreements made in
connection therewith and by pledging any such agreements as
security for the payment of the principal of and interest on
any such revenue bonds; and
WHEREAS, the Issuer desires to expand the business and
employment opportunities within the City of Plymouth (the
City"); and
WHEREAS, the Issuer is authorized by the Act to enter into
a revenue agreement with any person in such manner that
payments required thereby to be made by the contracting party
shall hp f i xPrl, and revi AM from t imp to r i mP an nere.99ary'Fin
as to produce income and revenue sufficient to provide for the
prompt payment of principal of and interest on all bonds issued
under the Act when due, and the revenue agreement shall also
provide that the contracting party shall be required to pay all
expenses of the operation and maintenance of the project
including, but without limitation, adequate insurance thereon
and insurance against all liability for injury to persons or
property arising from the operation thereof, and all taxes and
special assessments levied upon or with respect to the project
and payable during the term of the revenue agreement; and
WHEREAS, the Issuer received on behalf of Daily Printing,
Inc., a Minnesota corporation (the "Company"), a proposal that
the Issuer finance a project for purposes consistent with the
Act, consisting of the acquisition of 13.25 acres of land and
I
FROM BEST R. FLHNHi Nha j,'',1'a'a4 1r,; :,Fi Ilii,1
the construction and equipping thereon of an approximately
70,000 square foot facility to be used by the Company in its
commercial printing business (the "Project") which will be
located at 23rd Avenue North and Niagara Lane in the City of
Plymouth; and
WHEREAS, following the publication of notice of a public
hearing in a newspaper of general circulation in the City at
least 14 days, but not more than 30 days, before the hearing,
the Issuer adopted a resolution upon the completion of the
public hearing on November 15, 1993 (the "Preliminary
Resolution") whereby the Issuer. determined that, on the basis
of rgevidta to it 1;5• tka 0,51"rnny anal
effect of the Project, if undertaken, would be to encourage the
development of economically sound commerce in the City and
increase current employment opportunities for residents of the
City and surrounding areas, all to the benefit of the residents
and taxpayers of the City; and
WHEREAS, by the Preliminary Resolution, the Issuer
preliminarily approved the proposal on behalf of the Company
that the City undertake to provide financing for the Project
and gave preliminary approval of the Project, subject to final
approval by the City; and
WHEREAS, the Issuer has received an allocation of bonding
authority for the Project in the amount of $4,000,000 from the
Minnesota Department of Finance; and
WHEREAS, the Issuer has received approval from the
Minnesota Department of Trade and Economic Development of its
Application for Approval of Industrial Development Bond
Project, including attachments thereto; and
WHEREAS, pursuant to the Act and the Indenture of Trust
the "Indenture") dated as of March 1, 1994 between the Issuer
and First Trust National Association (the "Trustee"), the
Issuer proposes to authorize, issue and sell its Industrial
Development Revenue Bonds (Daily Printing Inc. Project), Series
1994 (the "Bonds") in an aggregate principal amount not to
exceed $3,930,000, payable solely from the amounts pledged
therefor under the Indenture; and
WHEREAS, pursuant to a Loan Agreement ("Loan Agreement"),
dated as of March 1, 1994, between the Issuer and the Company,
the Issuer proposes to loan the proceeds of the Bonds to the
Company, which the Company will agree to repay in installments
in amounts and at times sufficient to pay the principal of,
premium, if any, and interest on the Bonds when due, and which
2-
P.
FROM BEST FLPHAGPH 1'a'a 1 1r',c.'1 hlll, F', F,
i
proceeds the Company will agree to use to pay a portion.of the
costs of the Project; and
WHEREAS, concurrently with, as a condition to, and as
further security for, the issuance of the Bonds, and pursuant
to a Letter of Credit and Reimbursement Agreement, dated as of
Hct.L, x 1, 1334, IFI -Lot- Saiik idal.lviLal (Lh,_-
Bank") and the Company, the Bank will issue an irrevocable
direct -pay Letter of Credit (the "Letter of Credit") to
NationsBank of Virginia, N.A. (the "Letter of Credit
Custodian,,); and
WHEREAS, pursuant to Letter of Credit Custodial Agreement
the "Letter of Credit Custodial Agreement"), dated as of March
1, 1994 among the Issuer, the Letter of Credit Custodian, the
Trustee and the Company, the Letter of Credit Custodian is
entitled to draw on the Letter of Credit to pay principal and
interest on the Bonds in accordance with the provisions of the
Indenture, which provisions include, but are not limited to,
draws on the Letter of Credit in the event the Bonds are not
remarketed, when applicable, according to the provisions of a
Remarketing Agreement (the "Remarketing Agreement") among the
Issuer, the Trustee, the Company and FBS Investment Services,
Inc.; and
WHEREAS, neither the Issuer nor the State of Minnesota nor
any political subdivision thereof (other than the Issuer and
then only to the extent of the trust estate pledged in the
Indenture) shall be liable on the Bonds, and the Bonds shall
not be a debt of the Issuer or the State of Minnesota or any
political subdivision thereof (other than the Issuer and then
only to the extent of the trust estate pledged in the
Indenture), and in any event shall not give rise to a charge
against the credit or taxing power of the Issuer, Hennepin
County (the "County"), the State of Minnesota, or any political
subdivision thereof;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA AS FOLLOWS:
Section 1. The Issuer acknowledges, finds, determines,
and declares that the welfare of the State of Minnesota
requires active promotion, attraction, encouragement and
development of economically sound industry and commerce through
governmental actions for the purpose of preventing the
emerganr4 of blighted and marginal lanrls and areae of r.hronir
unemployment, and the State of Minnesota has encouraged local
government units to art to prevent such economic deterioration.
3-
I
FROM EE . -T `, FLHI RFiAN 1 .
The Issuer further finds that ac:;coillplishing this is a
public purpose, and that conventional, commercial financing to
pay the cost of the Project is available only on a limited
basis and at such high costs of borrowing that the economic
feasibility of constructing and operating the Project would be
reduced, but that with the aid of municipal borrowing, and its
resulting lower borrowing cost, the Project is economically
more feasible.
Section 2. The Issuer further finds, determines, and
declares that the purpose of the Bonds is to provide financing
fnr Lbn PrninM thn nrns;nncj.q of whj rh wi l 1, hn loaned to r,hn
company to finance the acquisition, construction and equipping
of a Project meeting the general purposes contemplated and
described in Section 469.152 of the Act.
Section 3. The Issuer further finds that the Bonds are
payable solely from the trust estate including the Issuer's
interest in the Loan Agreement and amounts drawn under the
Letter of Credit issued by First Bank National Association or
any provider of a substitute letter of credit.
Section 4. The Issuer further finds, determines, and
declares that it is in the best interests of the Issuer to (1)
provide for the issuance of the Bonds, the disbursement of the
proceeds and the security therefor pursuant to the terms of the
Indenture; and (2) loan the proceeds of the Bonds to the
Company in accordance with the provisions of the Loan
Agreement.
Section 5. The issuance of the Bonds for the purpose of
financing the Project is hereby authorized. The Bonds shall
bear interest initially at a rate not in excess of three and
one-half percent (3 1/2%) per annum, subject to final
determination and subsequent adjustments as set forth in the
Tn1pnrure, steal l he, in ;91i?:n 'hPnbmi'nar.inn' 4nn rotm, 12e:'11u1niueieu
and dated, shall mature and be subject to redemption prior to
maturity, and shall have such other details and provisions as
are prescribed hly the Indenture,
Section 6. The Bonds shall be special limited obligations
of the Issuer payable solely from and secured by a pledge of
the trust estate under the Indenture, including the Issuer's
interest in the Loan Agreement and amounts drawn under the
Letter of Credit, in the manner provided in the Indenture. The
Bonds do not constitute an indebtedness, liability, general or
moral obligation (except to the extent of the trust estate
pledged under the Indenture) or a pledge of the faith and
4-
FROM BEST R., FLHfAGAN
credit or any taxing power of the Issuer, the County, the State
of Minnesota, or any political subdivision thereof.
The Issuer hereby authorizes and directs the Mayor of
the Issuer (the "Mayor") and the City Manager of the Issuer
Llie "City MdudyeL") Lu er e uLe uiileL Ltie uoLpu.L e seal of Llie
Issuer, the Indenture, and to deliver to said Trustee the
Indenture, and hereby authorizes and directs the execution and
delivery of the Bonds in accordance with the Indenture, and
hereby provides that the Indenture shall provide th, e terms and
conditions, covenants, rights, obligations, dutiesand
agreements o -f the bondholders, the Issuer and the Trustee as
set forth therein.
All of the provisions of the Indenture, when executed as
authorized herein, shall be deemed to be a part of this
resolution as fully and to the same extent as if incorporated
verbatim herein and shall be in full force and effect from the
ddLe of CxeC UL1Vil dill de1.LvCLy L1,eLeuL. The StiletiLuLe shall lie
substantially in the form on file with the Issuer on the date
hereof, and is hereby approved with such necessary and
appropriate variations, omissions, and insertions as are not
materially inconsistent with such form and as the Mayor, in her
discretion, shall determine; provided that the execution
thereof by the Mayor shall be conclusive evidence of such
determination.
Section 7. The Mayor and the City Manager are hereby
designated as the representatives of the Issuer with respect tc
the issuance of the Bonds and the transactions related thereto
and the Mayor is hereby authorized and directed to accept,
execute and deliver the Placement Agent Agreement (the
Placement Agent Agreement") among the Issuer, the Company and
FBS Investment Services, Inc. All of the provisions of the
Placement Agent Agreement, when executed and delivered as
authorized herein, shall be deemed to be a part of this
resolution as fully and to the same extent as if incorporated
verbatim herein and shall be in full force and effect from the
date of execution and delivery thereof. The Placement Agent
Agreement shall be substantially in the form on file with the
Issuer on the date hereof, and is hereby approved with such
necessary and appropriate variations, omissions, and insertions
LG L „aL lall.y la ..a1pLG.L L1. amu. L r.,. ,,. u L1— Zd.,
in her discretion, shall determine; provided that the execution
thereof by the Mayor shall be conclusive evidence of such
determination.
Section 8. The Mayor and the City Manager are hereby
authorized and directed to execute and deliver the Loan
5-
I
FROM BES -j FLPHAGPN li', ',1994 jr : f ii,
Agreement with the Company, and when executed and delivered as
authorized herein, the Loan Agreement shall be deemed to be a
part of this resolution as fully and to the same extent as if
incorporated verbatim herein and shall be in full force and
effect from the date of execution and delivery thereof. The
Loan Agreement shall be substantially in the form on file with
the Issuer on the date hereof, which is hereby approved, with
aLlah neoeosar— ..'ariat'iona, emiaBiona, and S.!'Soartiono aB are AOS.'
materially inconsistent with such form and as the Mayor, in her
discretion, shall determine; provided that the execution
thereof by the Mayor shall be conclusive evidence of such
determination.
Section 9. The Mayor is hereby authorized and directed to
execute and deliver the Remarketing Agreement and the Letter of
Credit Custodial Agreement, and when executed and delivered as
authorized herein, such agreements shall, be deemed to be a part
of this resolution as fully and to the same extent as if
incorporated verbatim herein and shall be in full force and
effect from the date of execution and delivery thereof. The
RemarkeLInq Ayree[u(.-,nl. alid l.I,e Lcl Ler of Ciedll. Cu l.vdldl
Agreement shall be substantially in the forms on file with the
Issuer on the date hereof, which are hereby approved, with such
necessary variations, omissions, and insertions as are not
materially inconsistent with such forms and as the Mayor, in
her discretion, shall determine; provided that the execution
thereof by the Mayor shall be conclusive evidence of such
determination.
Section 10. All covenants, stipulations, obligations,
representations, and agreements of the Issuer contained in this
resolution or contained in the Indenture or other documents
Gq bgve shall be deemed to be the covenants,
stipulations, obligations, representations, and agreements of
the Issuer to the full extent authorized or permitted by law,
and all such covenants, stipulations, obligations,
Sud !)IN84.I OM 01.011 '60 Li ai.' 11!11
Issuer. Except as otherwise provided in this resolution, all
rights, powers, and privileges conferred, and duties and
liabilities imposed, upon the Issuer by the provisions of this
resolution or of the Indenture or other documents referred to
above shall be exercised or performed by the Issuer, or by such
officers, board, body, or agency as may be required or
authorized by law to exercise such powers and to perform such
duties_ No covenant, stipulation, obligation, repreaentation,
or agreement herein contained or contained in the Indenture or
other documents referred to above shall be deemed to be a
covenant, stipulation, obligation, representation, or agreement
of any officer, agent, or employee of the Issuer in that
FROM BEST ': FLNHEPH
I
person's individual capacity, and neither the members of the
City Council of the Issuer nor any officer or employee
executing the Bonds shall be liable personally on the Bonds or
be subject to any personal liability or accountability by
reason of the issuance thereof.
No provision, covenant or agreement contained in the
Indenture, the Loan Agreement, the Placement Agent Agreement,
the Remarketing Agreement, the Letter of Credit Custodial
Agreement, the Bonds or in any other document relating to the
Bonds, and no obligation therein or herein imposed upon the
Issuer or the breach thereof, shall constitute or give rise to
a general obligation of the Issuer or any charge upon its
general credit or taxing powers. In the making the agreements,
provisions, covenants and representations set forth in the
Indenture, the Loan Agreement, the Placement Agent Agreement,
the Remarketing Agreement, the Letter of Credit Custodial
Agreement, the Bonds or in any other document relating to the
bonds, the Issuer has not obligated itself to pay or remit any
funds or revenues other than the trust estate described in the
Indenture.
Daekiept 11. D11eark ae ka"aiOt etkSM4191
provided, nothing in this resolution or in the Indenture,
expressed or implied, is intended or shall be construed to
confer upon any person, other than the Issuer, the owners of
the Bonds, and the Trustee, as fiduciary for owners of the
Bonds, to the extent expressly provided in the Indenture, any
right, remedy, or claim, legal or equitable, under and by
reason of this resolution or any provision hereof or of the
Indenture or any provision thereof; this resolution, the
Indenture and all of their provisions being intended to be and
being for the sole and exclusive benefit of the Issuer, the
owners of the Bonds, and the Trustee as fiduciary for owners of
L1LG SVi LJ.7 LILc of Lhlz3 1051J 111L1111L cull
the Indenture, and the Company to the extent expressly provided
in the Indenture.
Section 12. In case any one or more of the provisions of
this resolution or of the Indenture or of the Bonds issued
hereunder shall for any reason be held to be illegal or
invalid, such illegality or invalidity shall not affect any
other provision of this resolution or of the Indenture or of
the Bonds, but this resolution, the Indenture, and the Bonds
shall be construed as if such illegal or invalid provision had
not been contained therein. The terms and conditions set forth
vvi''
n the Tndentap11rP ,
lthP
nl plop of rpvR lupHdnri veA from rhQ Loan
ky J..CULt--nL ICLCitCl.i LV 11L L1LC 21LaCLiLulc, L11C Nlc].yc ..,f L1'
amounts drawn under the Letter of Credit referred to in the
7-
t
FROM EE'=,T ". FLANAGAN 7,1'a'a4:4 1.1A P.11
Indenture, the creation of the funds provided for in the
Indenture, the provisions relating to the application of the
proceeds derived from the sale of the Bonds pursuant to and
under the Indenture, and the application of said revenues,
collateral, and other moneys are all commitments, obligations,
and agreements on the part of the Issuer contained in the
Indenture, and the invalidity of the Indenture shall not affect
the commitments, obligations, and agreements on the part of the
Issuer to create such funds and to apply said revenues, other
moneys, and proceeds of the Bonds for the purposes, in the
manner, and according to the terms and conditions fixed in the
Inaencure, is being Uhe lilt-tuit- IL L.11&4 Zjuuh c.vuuul iucii
on the part of the Issuer are as binding as if contained in
this resolution separate and apart from the Indenture.
Section 13. All acts, conditions, and things required by
the laws of the State of Minnesota, relating to the adoption of
this resolution, to the issuance of the Bonds, and to the
execution of the Indenture and the other documents referred to
above to happen, exist, and be performed precedent to and in
the enactment of this resolution, and precedent to the issuance
of the Bonds, and precedent to the execution of the Indenture
and the other documents referred to above have happened, exist,
1--'.1 Lj -' 'L1S V-Suiaump-dl an Jos us guiulla by lat,.
Section 14. The members of the City Council of the
Issuer, officers of the Issuer, and attorneys and other agents
or employees of the Issuer are hereby authorized to do all acts
and things required by them by or in connection with this
resolution and the Indenture and the other documents referred
to above for the full, punctual, and complete performance of
all the terms, covenants, and agreements contained in the
Bonds, the Indenture and the other documents referred to above,
and this resolution.
Section 15. The Issuer hereby consents to the
distribution of the Placement Memorandum in connection with the
sale of the Bonds, in substantially the form on file with the
Issuer as of the date hereof, and ratifies the distribution
thereof by the Placement Agent; provided that the Mayor may
approve such variations, omissions, and insertions as are not
materially inconsistent with the form approved by this Board on
the date hereof and with such changes as shall be necessary, in
the opinion of legal counsel, to comply with applicable
securities laws. The Placement Memorandum is the sole material
authorized by the Issuer for use in connection with the offer
and sale of the Bonds, except that copies of the documents
referenced above may be provided upon request.
FROM BEST FLHH AGRI-1
Section 16. The Mayor and the City Manager are authorized
and directed to execute and deliver any and all certificates,
Ly [A.,
Indenture, the Loan Agreement, the Placement Agent Agreement,
the Remarketing Agreement, the Letter of Credit Custodial
Agreement, or any other certificates or documents which are
deemed necessary by bond counsel to evidence the validity or
enforceability of the Bonds, the Indenture or the other
documents referred to in this resolution, or to evidence
compliance with Section 148 of the Internal Revenue Code of
1986, as amended; and to take such other administrative action
as is permitted or required by the Indenture, the Loan
Agreement, the Placement Agent Agreement, the Remarketing
Agreement and the Letter of Credit Custodial Agreement. All
such agreements or representations when made shall be deemed to
be agreements or representations, as the case may be, of the
Issuer.
Section 17. If for any reason the Mayor is unable to
execute and deliver those documents referred to in this
resolution, any other member of the City Council of the Issuer
may execute and deliver such documents with the same force and
effect as if such documents were executed by the Mayor. If for
any reason the City Manager is unable to execute and deliver
the documents referred to in this resolution, such documents
may be executed and delivered by any member of the City Council
or the Aooiotant City Manager with the oame force and cffeat ao
if such documents were executed and delivered by the City
Manager.
Section 18. This resolution shall be in full force and
effect from and after its passage.
ADOPTED AND APPROVED this day of
1994.
THE CITY OF PLYMOUTH, MINNESOTA
Mayor
TPK\9350\931353\0Pt1i00-r09
Agenda Number:
TO: Dwight Johnson, City Manager
FROM: Anneurlburt, Community Development Director
SUBJECT: Proposed Zoning Ordinance Amendments, Auto Sales in the I-1,
Planned Industrial District (tabled from February 7, 1994)
DATE: February 23, 1994, for the City Council Meeting of February 28, 1994
1. ACTION REQUESTED:
Adopt zoning ordinance amendments to establish a conditional use permit process for "limited
outdoor automobile sales" in the I-1, Planned Industrial district, as recommended by the
Planning Commission. An amendment to the zoning ordinance requires a super -majority (5/7)
vote of the City Council.
2. BACKGROUND
On February 7, the City Council discussed the proposed ordinance amendments and made
several changes to the draft, which is attached to this report. The Council tabled the ordinance
to the February 28, 1994 meeting, and asked that staff provide additional information on
which zoning categories would currently permit automobile sales and on the availability of
sites within the city.
It was also suggested that the proponents of the ordinance, the United Auto Exchange, make
contact with property owners near the former Minneapolis Auto Auction site. A copy of a
letter received from the property owner at 10500 South Shore Drive is attached.
3. INFORMATION REQUESTED:
Automobile sales are currently permitted only in the "B-3", Service Business District. This
district corresponds to the "CS", Commercial Service classification of the Land Use Guide
Plan. Areas designated "CS" that are currently undeveloped would be eligible to be rezoned to
B-3" when development proposals are made.
Attached is a map indicating the following:
A. developed areas currently zoned "B-3" or planned "CS",
B. undeveloped areas currently zoned "B-3", and
C. undeveloped areas planned "CS" but not currently zoned "B-3".
Most of the area zoned "B-3" is developed, except for a few scattered small parcels. There is
a vacant parcel of approximately 4 acres near the County Road 10 and Highway 169
interchange, and also a vacant parcel of about 1.7 acres near the Highway 55 and I-494
interchange, near the Goodyear store. (A development proposal may be pending on the second
site.) There is also a vacant lot about 1 acre in size near I-494 and Bass Lake Road.
There are several areas designated "CS" but not yet developed. One area is near I-494 and
Bass Lake: about 22.5 acres of land that is part of MPUD 85-1. This area was previously
approved for the Quinwood Commercial Center, an 11 -lot commercial development, which
has never been built. The other sites are on Highway 55. One area is on the south side at the
intersection with County Road 24. The others are on the north side, west of the Dundee
Nursery, and west of Peony Lane in an area now partly occupied by homes.
4. RECONEUENDATION
I recommend approval of the ordinance as recommended by the Planning Commission.
ATTACHMENTS:
1. Letter from Thad and Susan Kranz
2. Map Showing Locations of CS Business Areas
3. Draft Ordinance as Revised February 7, 1994
4. Staff Report dated January 28, 1994
staffrep\cc\94002b. doc
2
F' E IiTEL r 1 — r• — 00F e b_ ` { 4 1 i_i : 0hd r_ . l' 1 F'
2/23/94
To: Plymouth Village Council _
From: Thad and Susan Kra
10500 South Shore Drive
Plymouth MN 55441
About: Action on the Industrial Zoning/ Auto Swap Item, (2/28/94)
This letter is written to ask that you give careful consideration to the
request to reconsider the Industrial Zoning of the former Auto Auction
property.
We have been residents of this area for 28 years. We have been very
involved and very frustrated in our attempts to communicate to you our
concerns about the land use development of this area.
Medicine Lake is one fantastic resource. It is used by not only the
community but by many residents of other communities. With the
development of French Park and the connected jogging paths, South Shore
Drive has been and continues to be a walking, jogging and bicycle path for
hundreds of people. There are also local residents who are wheel chair
bound who use this road very often. There has been a longtime history of
deaths and serious physical injuries because of the vehicular traffic and the
nature of this road. Traffic has been and continues to be very heavy and
fast. It is a given that there will be, in the future, a continuation of serious
accidents. To change the zoning of this property to retail would by virtue
of the connectedness of South Shore Drive to Highways 169 and 55,
further increase the traffic level.
It is our hope that you will look to the investment that is being made by
Hennepin County in the French Park area ... and plan with some vision
about the South Shore Drive area. The open land and the adjacent
wetlands are a resource that should not be squandered.
Please consider carefully all of the ramifications of your actions. The
residents -and the users of the Lake have to live with your decision.
AMENDED DRAFT 2/7/94
CITY OF PLYMOUTH
ORDINANCE NO. 94 -
AN ORDINANCE AMENDING THE ZONING ORDINANCE TO PERMIT
LIMITED OUTDOOR AUTOMOBILE SALES IN THE I-1 PLANNED
INDUSTRIAL DISTRICT
THE CITY COUNCIL OF THE CITY OF PLYMOUTH DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Section 8, Subdivision D 2. is hereby amended by adding the following:
M. Limited outdoor automobile sales as regulated in Section 9
Section 2. Section 9 is hereby amended by adding Subdivision G to read as follows:
SUBDIVISION G- IJ IITED OUTDOOR AUTOMOBILE SALES
1. Purpose
The standards of this section are provided to establish requirements by which the
City Council, by Resolution, may authorize limited outdoor automobile sales when
and where consistent with protection of the health, safety and welfare of the
community, the intent and purpose of the I-1, Planned Industrial District and with
the Comprehensive Plan of the Cid.
2. Application Requirements
Application for a Conditional Use Permit for limited outdoor automobile sales shall
be made by the owner or owners of the property and shall be filed with the Zoning
Administrator, consistent with the requirements of Section 9, Subdivision A
Owners may designate in writing, an agent such as the prospective developer or
operator, the owner must, in all cases sign the application All applications shall
be accompanied by an administrative fee as prescribed by the City Code and shall
include the information required by this ordinance
3. Special Development Standards and Performance Criteria
a. Limitations on Days and Hours of Operation Automobiles may be present and
sales may be conducted on the site not more than three consecutive calendar
days per week: two of the days shall be a Saturday and a Sunday. Hours of
operation shall not exceed 8:00 AM to 7.00 PM unless it is found that to
protect the public health safety or welfare more restrictive hours of operation
shall be required.
b. Limitation on the Use of Structures. All display of automobiles shall be
conducted outside, not within a structure.
c. Parking Area. Parking spaces needed to provide the minimum number required
for the principal use of the property shall not be used for display of automobiles
or for customers of the limited outdoor automobile sales lot, but shall be kept
available for the principal use at all times.
d. Distance from Residential Zoning Districts. No limited outdoor automobile
sales lot shall be closer than 500 feet from any residential zoning district.
e. Limits on other Related Activities. Auto repair and car washes shall be
prohibited as part of the limited outdoor automobile sales lot.
f. Abutment to Certain Streets Required. Limited outdoor automobile sales shall
have approved direct access to a roadway classified as a major collector or
higher on the City's Thoroughfare Guide Plan.
g. No inoperable or unlicensed vehicles or automobile parts shall be stored,
displayed or sold on the premises.
4. Public Notice Required
Notwithstanding the public notice requirement contained in Section 9.
Subdivision A.l.e., all owners of property within 1,000 feet of the boundaries
of the property in question shall be notified of the public hearing on the
application.
Section 3. Effective Date. This Ordinance shall take effect upon its passage and
publication.
Adopted by the City Council this day of , 1994.
ATTEST
City Clerk
cc: File
Stmek-indicates deleted text
Mayor
Underline indicates new text
Underline indicates new text added February 7, 1994
staffrep/ord/autosale.doc
2
Agenda Number: f _ 14
TO: Dwight Johnson, City Manager
FROM: Anne Hurlburt, Community Development Director
SUBJECT: Proposed Zoning Ordinance Amendments, Auto Sales in the I-1,
Planned Industrial District
DATE: January 28, 1994, for the City Council Meeting of February 7, 1994
1. ACTION REQUESTED:
Adopt zoning ordinance amendments to establish a conditional use permit process for "limited
outdoor automobile sales" in the I-1, Planned Industrial district, as recommended by the
Planning Commission.
An amendment to the zoning ordinance requires a super -majority (5/7) vote of the City
Council.
2. BACKGROUND:
At its January 3, 1994 meeting, the City Council directed the Planning Commission to develop
and hold public hearings on zoning ordinance amendments that would allow the City to
consider the issuance of permits for the proposed United Auto Exchange (UAE), a business
proposing to locate on the former site of the Minneapolis Auto Auction, 1135 Nathan Lane.
The City's Zoning Ordinance does not currently provide any means by which this business can
be permitted at this location, either by right or by a conditional use permit. Auto sales lots are
not permitted in the I-1, Planned Industrial District. The ordinance does not have provisions
for issuing an temporary permit that would fit this use. We have determined that, unless the
ordinance is amended, this business cannot be permitted.
On January 24, 1994, the Planning Commission held a public hearing on an ordinance drafted
by staff, which would permit limited outdoor automobile sales in the I-1 District by
Conditional Use Permit. The Commission voted 3 to 2 to recommend approval of the
ordinance as drafted.
The ordinance contains a set of standards that must be met by an applicant for a permit:
a. Limitation on days or hours of operation-- sales would be allowed no more than
three days a week, two of which must be a Saturday or Sunday, and hours of operation
may not exceed 8:00 AM to 10:00 PM.
b. Limitation on the use of structures-- all display must be outside, not in a
building.
C. Limitations on the amount of parking area to be used-- only parking spaces not
needed for the principal use of the site could be used for display or customer parking.
d. Distance from residential zoning districts-- a minimum of 500 feet from R
districts.
e. Limits on other related activities-- auto repair and car washes are prohibited.
f. Roadway access-- must have direct access to a roadway classified as "major
collector" or higher on the City's Thoroughfare Guide Plan.
Other conditions-- such as sanitation requirements, lighting, signage, specific locations for
parking, or for security arrangements-- would be considered on a case-by-case basis as part of
review of a specific application.
The Planning Commission had a number of concerns about the proposed ordinance change.
Currently, retail sales in the I-1 District are very limited and must be accessory to a permitted
industrial use. The amendment would be opening the door to retail sales in the I-1 District as
a separate business. There was also concern that the use might conflict with Minnesota laws
that prohibit licensed automobile dealers from selling cars on Sunday, and prohibits the owner
of the property from operating this type of car sales lot. The proponents pointed out that they
are not and will not be automobile dealers, that all sales will be from individuals to
individuals. They will lease the property, and will therefore be in compliance with state law.
On the positive side, Commissioners commented that the conditions recommended ensured that
very few sites in Plymouth could be eligible for such a permit, and that the former auto
auction site was unique based on its past history and large parking lot. The business would
provide a new and needed service to area residents.
If an ordinance amendment allowing "limited outdoor automobile sales" by Conditional Use
Permit is adopted, the proposers of the United Auto Exchange will be able to make application
for a permit. A public hearing would be held by the Planning Commission, which would
make their recommendation to the City Council on whether the permit should be approved and
if so, what conditions specific to this site should be attached.
The Commission members pointed out that even if the ordinance amendment is approved,
there is no guarantee that the Conditional Use Permit for this specific proposal would be
approved based on a detailed review of their plans and after neighboring property owners were
notified and a public hearing was held.
3. RECOMMENDATION:
I recommend approval of the ordinance as recommended by the Planning Commission.
ATTACHMENTS:
1. Draft Ordinance
staffrep\cc\94002. doc
3
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February 23, 1994 -
Dear City Council Members::
I have resided on the South Shore Drive of Plymouth since 1951.
In recent years I have spoken before many of you regarding plans for
development of Hedberg Aggregates, The N.S.P. Substation and Ryerson
Steel. Continued problems with noise, traffic safety and the effects
of water quality to Medicine Lake exist.
We have had more than our share of development and we ask that it
be pre -planned and monitored. Our worst experience since the incep-
tion of Ryerson Steel in the 1960's has been the practices of The
Minneapolis Automobile Au.ction..We worked actively then to inform many
OF P_LJof concerns regarding noisy loud speakers and excessive and
iHegal traffic. We could hear loud speakers announcing car sales
in our living- rooms on an ongoing basis and watch as trailers laiden
with cars drove along the South Shore Drive and turned into our drive
ways when they realized their vehicles outweighed the posted road
weight requirements. Consequently, after having been rid of this
nuisance business for nearly 4-5 years now, we are deeply dismayed
that the council is considering allowing a similar car swapping business
to move into the former Minneapolis Automobile Auction site. We are
even more concerned that the entire industrial sight might be open to
rezoning from industrial to retail classifications. Opening our many
difficulties up to Saturday and Sun ay operations and sales would be
a, mistake. Please consider our long history of difficulties and vote
a-.;ainst the rezoning of the .area, to a retail status. Also vote against
allowing any car swappi-g business in the area. A quieter and more
respecitive neighbor such as the -South Shore Industrial Center would
be far !iore appropriate.
Lastly, and most inportantly, please view this as a community/recrea-
tional issue and not solely a neighborhood issue. As you probably
know, the South Shore Drive runs orlon; Medicine Lake, the largest lake
in Plymouth and second largest lake in Hennepin County. Three parks
are also included along the lake's shores and rod_eways. Uonsequently,
the area is utilized 'heavily by joggers, bikers, roller.-bladers and
walkers on the roadway; and wind -surfers, water skiers, sailors, boaters
and c.a.noers on the water. They choose the area for its beauty and
recreational vilue. Unfortunately the latter is compro7ised for
unplanned development. It's effects are loss of wetlands, excessive
noise, damage to the water quality of Medicine Lake and traffic safety.
Trazicall.v. there have been several deaths in the past years involving
L--1 - - - 4 6. J L. --- nr l vP -
February 22 1994
9910 South Shore Drive
Plymouth, MN 55441
Joy Tierney
Mayor of Plymouth
and Council Members
3400 Plymouth Blvd.
Plymouth, MN 55447-5009
To My Elected Officials:
This letter is to inform you all that I oppose any change to our
zoning ordinance that permits areas that include residential and
industrial to be changed so that retail business can locate
there.
I will be following this issue to observe how each of you vote on
this.
Sincerely -
Terrie Christian
February 22, 1994
Mayor Joy Tierney
Councilperson David Anderson
Councilperson John Edson
Councilperson Nicholas Granath
Councilperson Carole Helliwell
Councilperson Chuck Lymangood
Councilperson Sheryl Morrison
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Thank you for tabling the proposed zoning amendment that would allow the
outdoor sale of autos in an industrial district. We already have been blessed by
previous action allowing retail use in the Industrial District (Hedberg Aggregate).
We plead with you to kill this amendment at your next meeting. Even though the
amendment isn't location specific we all know that there is only one location being
considered for this use. This location is only a stones throw away from the
Medicine Lake recreational area where on weekends the roads are loaded with
joggers, bikers, and walkers. The South Shore Park and the East Medicine Lake Park
would both be adversely affected by the hundreds of test drives that would take place
on the weekends. The old Minneapolis Auto Action was put in over the neighbors
objections and even was allowed to expand. They proved to be both a safety hazard
and a general nuisance. Any similarity between the operation they proposed to the
Planning Commission and Council and what was there was purely coincidental.
I realize the property owner has the right to develop his property and many
industrial uses are now permitted. We have coexisted with the other industrial
neighbor for years. Most of their activities are inside a building and there is
relatively little traffic on nights or weekends.
Thank you for your consideration in this matter.
Sincerely,
Mark Anderson
tiAnderson
1outh Shore Drive
Plymouth, MN 55441
10520 South Shore Drive
Plymouth, Minnesota 55441
February 21, 1994
City Council of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Dear Council Members:
It has come to my attention that a company is attempting to
start up a retail auto auction or car swapping business on the
south end of Medicine Lake in a manufacturing zoned area. South
Shore Drive is already heavily traveled. Several years ago,
another such business operated in the same proposed area. At that
time, dozens of cars being tested by prospective buyers raced up
and down South Shore Drive every Saturday, Sunday and Wednesday.
Nearby property owners' driveways were used for turning around.
Litter and dust became a big problem. Property damage and crime
substantially increased. A public address system that was used
could be heard blocks away.
As a property owner at 10520 South Shore Drive, I am adamantly
opposed to the City of Plymouth allowing such a business and/or a
rezoning in our neighborhood. Medicine Lake is the second largest
lake in Hennepin County and the area surrounding the lake affects
the whole community who use the lake for recreation.
Yours respectfully,
1ex
Ron Hennes
593-0927
9
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REVISED,
DECEMBER 1993