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HomeMy WebLinkAboutCity Council Packet 02-04-1991140 CITY OF PLYMOUTH AGENDA REGULAR COUNCIL MEETING FEBRUARY 4, 1991 CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the consent agenda and considered in normal sequence on the agenda. Study Session Public Works Building 5:30 P.M. Executive Session Police Officer Negotiations 6:30 P.M. 1. CALL TO ORDER 7:00 P.M. 2. INVOCATION 3. ROLL CALL 4. PRESENTATIONS A. Petition from League of Plymouth Voters - David Anderson B. Wetlands Task Force Report - Maria Vasiliou 5. CONSENT AGENDA 6. MINUTES 7. PUBLIC HEARINGS A. Star Liquors Inc., Rockford Road Plaza - New off -sale intoxicating application B. L & S Inc., d/b/a Tom Thumb #519, 4130 Highway 101 - Transfer of off -sale nonintoxicating license 8. PETITIONS, REQUESTS AND COMMUNICATIONS A. Public Works Building Expansion Project - Revised Building Size and Cost Estimates B. Resolution setting public hearing on 1991 Street Reconstruction Program, Project No. 102 C. Approve Change Order No. 1 for Vinewood Lane/County Road 9 Area Improvements, Project No. 948 D. Receive Petition and set public hearing to vacate roadway, utility and drainage easement along West Medicine Lake Drive adjacent to Bass Lake Hills Addition E. Development Contract Bond Reduction for Westwood Ridge 2nd Addition (85108) F. Housekeeping amendment to Fire Appeals Process G. Ordinance amendment relating to Handicap Parking H. Sidewalk along Plymouth Boulevard from Highway 55 to County Road 9 I. Application of Air Taxi Service for a Taxi Cab License J. Application of George Daniel Scott for a Taxi Driver License with Town Taxi Company K. Application of St. Mary of the Lake Church for a temporary 3.2 license on February 23 9. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS A. Report on the City's Professional Agreements: 1. Auditor 2. Bond Advisor 3. City Attorney B. Consider Establishing Committees: 1. Safety Committee 2. Water Quality Commission 3. Drug Awareness Task Force C. Confirmation of Plymouth News Bid Award through December 31, 1991 D. Membership in the Association of Metropolitan Municipalities E. City Council Team Building F. City Council Information Memorandum I 14 10. ADJOURNMENT rr THE LEAGUE OF WOMEN VOTERS WAYZATA/PLYMOUTH AREA February 4, 1991 Pam- -- My name is Joy Tierney, President of the Plymouth -Wayzata League of Women Voters. The League of Women Voters promotes an open government system that is representative, accountable and responsive; that protects individual liberties established by the Constitution and that assures opportunities for citizen participation in government decision making. These principles underlie everything for which the League of Women Voters stands. The vote of the City Council on December 17,1990 to extend the terms of the Council Members is contrary to the spirit of these dearly held principles. To continue to be accountable and responsive to the community, The League of Women Voters encourages the Plymouth City Council to reconsider their vote of December 17th. In this vein, the League of Women Voters would support the Council in responding to the needs of Plymouth's rapid growth by examining the organization and general powers of our city's form of government. 'The City of Plymouth needs to evaluate items such as number of council members, the ward system, terms of office, time of elections and change to a home rule Charter City. Considering this, the League of Women Voters now asks whether there is a need to form a Charter Commission. Seven of the eight Minnesota cities larger than Plymouth are all Charter Cities. You, the City Council can by resolution request the appointment of a Charter Commission and the District Court must make the appointments OR a petition signed by 10% of the voters who voted in the last city election will require the District Court to appoint a Charter Commission. In conclusion, we urge you tonight tc, reconsider your vote of December 17th and that the City begin an evaluation of the City's form of government. Thank you. I DATE: ffo]A MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 January, 1991 Mayor and Plymouth City Council Members FROM: Maria Vasiliou, Chair, Wetlands Task Force SUBJECT: REPORT ON FINDINGS AND RECOMMENDATIONS The City Council appointed this Ad Hoc Task Force last spring and the Task Force, consisting of 15 members, met in formal session six times. A subcommittee appointed by the Task Force met twice and the Task Force conducted a field trip last fall in conjunction with one of the meetings. The Task Force pursued its mission from the City Council to provide advice, perhaps in the form of a draft Wetland Ordinance, as to what would be relevant for Plymouth and would be state-of-the-art. The Council sought recommendations for review and consideration as to the issue of wetlands and their protection and preservation in our urbanizing community. The Task Force membership included developers, advisory commission members, citizens, City staff members, and Councilmembers. The Task Force considered a substantial amount of published and verbal information. We heard from the City Attorney, representatives from state, federal and special agencies, and from citizens some of whom represented special interest groups. We toured the City and examined each of the wetland types as explained by Public Works Director Fred Moore and Department of Natural Resources Hydrologist John Stine. The Task Force extensively deliberated draft findings at its last meeting on November 27, 1990 and the final report is reflected below. Task Force members were invited to provide responses to the report and one was received and is attached. The work of the Task Force is completed and the City Council now can determine what is the appropriate direction. It is clear that more and improved information can be provided to enhance the established regulatory process; whether the City should regulate more extensively is one of the policy questions the Council will need to determine. 1. The City of Plymouth's Comprehensive Plan cites Wetlands Preservation as a desirable asset for the residents of Plymouth. Because of increased public interest in the preservation of wetlands it is necessary to update this. goal .accordingly.. Wetlands Preservation It is desirous to preserve and maintain specified wetlands since they constitute important physical, aesthetic, recreational and economic assets of existing and future residents of the City of Plymouth, and the purpose of appropriate regulations such as a wetlands overlay district would be: To provide for the protection, preservation, proper maintenance, and use of specified wetlands to minimize the disturbance to them and to prevent damage from excessive sedimentation, eutrophication or pollution, to prevent loss of fish and other aquatic organisms, wildlife and vegetation and the habitats of the same; to provide for the protection of the City's fresh water supplies from the dangers of drought, overdraft, pollution or mismanagement; to secure safety from floods; to reduce the financial burdens imposed upon the community through rescue and relief efforts occasioned by the occupancy or use of areas subject to periodic flooding; to prevent loss of life, property damage and losses and the risks associated with flood conditions; and to preserve the location, character and extent of natural drainage courses. 2. The City of Plymouth should produce a suitable map of wetlands in the City based upon the map and information from the U.S. Fish and Wildlife Service. By doing this, all parties (City, Private and Regulatory) concerned with development can be made aware of the existence of wetlands, on a given property. The map should include a disclaimer and explanatory statement that the map reflects general information and does not reflect size or type which is data that is available from other City sources and from other agencies. The disclaimer and explanatory language should be reviewed and approved by the City Attorney. 3. The City of Plymouth's ordinances pertaining to preliminary plat, site plan and grading permits should be revised to require an applicant to indicate on his plan for informational purposes: a. Types 3-8 wetlands greater than 5,000 square feet in area. b. The type of wetland shall be identified. 4. Appropriate standards should be adopted relative to the review process for development wherein the Planning Commission is directed to determine whether the applicant is promoting the preservation of identified existing wetlands within the development boundaries. 5. The City of Plymouth's Park Dedication Policy provides a means by which the City can offer an economic incentive for the protection of wetlands. The City's Park and Recreation Advisory Committee should therefore be requested to evaluate the following questions: A. Should the City accept wetland areas towards the park dedication requirements, if they can be combined with an overall park or trail system? B. Realizing that larger. sizewet.lands are. typically protected,. what. minimum size wetland would be accepted? C. What types of wetlands would be desirable in a park system? D. What should be the maximum credit for wetlands against park dedication requirement? E. If wetlands are accepted towards park dedication requirements, what will be the affect on current park improvement plans? Funding levels? Is this acceptable? 6. The Wetland Regulator. Jurisdiction Matrix should have footnotes and commentary added to better educate the public and City staff. 7. The City should implement a public "education" program to inform the public of the types of wetlands and the current regulations. This could be done via articles in the Plymouth Newsletter and the use of available media and staff resources. 8. A program and schedule of the maintenance and upkeep of City controlled easements and ownership) wetlands in developed areas should be established. 9. The City should develop a regulation that all required mitigation for encroachment into wetland areas should be first relative to the impacted wetland area and then as an alternative within the City of Plymouth. Attachment pl/bt/gart.1-15:jw) January 21, 1991 Mr. Blair Tremere City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Blair, LOG HOUSE FOODS, INC. 700 BERKSHIRE LANE PLYMOUTH, MN 55441 612) 546-8395 FAX (612) 546-7339. . JAN 23 1991 CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPT. As requested, here are my written comments on the Draft Report to the City Council from the Wetlands Task Force. My initial comment is that we still have not quantifiably stated where something is wrong. We have now added language (as in #4) to put in the hands of the Planning Commission a subjective decision as to whether the developer is promotine the preservation of wetlands. As far as the Draft as proposed is concerned, I would like to see something in our purpose statement that we still support development. Maybe at the end of the paragraph we could add ... "while still being sensitive to and supporting ordinance approved development." Item #6 - The word education should be changed to educate. dvwt. Thank you for the time and effort you put into this project. Would you also copy Dick Plufka on this for me. Sincerely, Mik Stulbe President LOG HOUSE FOODS, INC. MS/rs BACKGROUND MATERIALS SUMMARY NOTES 2=0 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 TO: Members of Task Force on Wetlands FROM: Blair Tremere, Community Development Director SUBJECT: SUMMARY NOTES FOR THE NOVEMBER 27, 1990 MEETING Members Present: Chairperson Maria Vasiliou, Councilmember Carole Helliwell, Dick Plufka, Paul Wirtz, Norman Gartner, Peter Pflaum, Hans Hagen, Thomas Stenoinen, Mary Peterson, Vince Driessen, Fred Moore, and Blair Tremere. Members Not Present: Don Anderson, John Griffith, and Mike Stulberg Also Present: Five Residents and Interested Citizens The meeting was called to order at 6:30 p.m. by Chairperson Vasiliou who called the roll. The summary notes for the October 18, 1990 were reviewed and the following clarifications and corrections were noted: 1. (Wirtz) Mike Pflaum was present during the field trip but was not present at the meeting following the field trip. 2. (Gartner) The third item under the suggested work program on the fourth page should read as follows: "The City should have a rule that all mitigation for encroachment into wetland areas should be first relative to the wetland area and then as a second choice, within the City of Plymouth" The eighth item of the suggested work program on the fifth page should read as follows: "The City should recognize the changes imfflinent in the regulatory process as evidenced by the recent Corps of Engineers activity and direction to become more stringent". MOTION by Mary Peterson, seconded by Norman Gartner to approve the summary notes as clarified and corrected. The MOTION passed unanimously. Chairperson Vasiliou stated the first item was to develop a report for the City Council to be considered in January. She cited the November 21, 1990 memorandum from Blair Tremere which included the November 5, 1990 memorandum from Norman Gartner. Paul Wirtz stated that it was important to review what the Task Force had done but it also is important to develop specific recommendations for action for City Council consideration. Vince Driessen noted the two memoranda from Tremere and Gartner and asked for a clarification. Tremere indicated that his memorandum was intended to give an overview of the Task Force efforts and to suggest how a report to the City Council could be developed. The memo was not a draft report but is a reflection of Task Force activity outlined according to the original charge from the City Council. Tremere also noted incidentally that the staff position was one focused on cost consideration of any enhanced or expanded enforcement efforts at the local level noting for example that in-house expertise was limited and should not be assumed to be comparable to the Department of Natural Resources or the Army Corps of Engineers. Also, the Task Force appears to have concluded that there is no need for a new ordinance, per se. He explained that Norman Gartner's memo was an outline of findings of the Task Force that could be used in developing a report to the City Council. Chairperson Vasiliou stated the purpose of the meeting was to finalize input for the report to the City Council. Gartner agreed with Tremere's observation about no need for a new ordinance at least until the position of the Corps of Engineers is clarified. Chairperson Vasiliou commented that while changes are imminent at all levels including at the Department of Natural Resources, change does not necessarily mean the City needs to adopt a new ordinance. Hans Hagen stated that there is merit in a central codification or assimilation of existing rules at the City level so that developers have a focus and dependable source of information as well as a unified process. Wirtz stated that the main value in clarifying existing rules and keeping them updated is not only that a new ordinance and regulations may be unnecessary but is that the public will have a much better idea of what wetland regulation is all about. It is important that the City Council ensure that adopted policies and rules are carried out and thus clearer information available from the City will help citizens understand that. He noted for example the statement in the Official Controls element of the existing Comprehensive Plan and suggested that more specific ways should be identified to actually implement that statement. Peter Pflaum indicated that the need now seemed to be to proceed to the City Council with information with the intent to discuss with the City Council the general issues so to get further Council input. Tremere indicated that further Council input may not take the form of direction to the Task Force which, as an ad hoc Task Force, the assigned work would have been completed. There may be a desire to have a discussion to clarify certain items but further assignments as to specific projects may be forthcoming by virtue of directives to the Planning Commission, the Park and Recreation Advisory Commission or staff. 2- It was the consensus to use the November 5, 1990 memorandum from Gartner as an action or working document to develop a report to the City Council. MOTION by Plufka, seconded by Wirtz to approved Item 1 as stated. Fred Moore noted that there were differences in the statement between the existing Comprehensive Plan and the memorandum (the existing Comprehensive Plan states in the first line, "Wetlands if preserved and maintained constitute important..." and the memorandum states, "the citizens of Plymouth desire to preserve and maintain wetlands since they constitute important..."; also, the existing Comprehensive Plan states, "to provide for the protection, preservation, proper maintenance, and use of specified wetlands..." and the memorandum states "to provide for the protection, preservation, proper maintenance, and use of all wetlands...") Discussion ensued regarding the changes and it was noted that effectively the result of City Council in this regard would take the form of direction to the Planning Commission who would need to conduct a hearing regarding the amendment of the Comprehensive Plan language. Tremere indicated that the Comprehensive Plan Official Controls Element has been under review by the Planning Commission. MOTION by Plufka, seconded by Hagen to amend the main motion by deleting the word "all" as proposed in the memorandum and insert the word "specified". Stenoinen agreed that the word "all" perhaps is too broad, noting for example that inclusion of Type 1 wetlands is not necessary. He reemphasized his concern however with wetlands that are not protected and therefore are lost because there are no regulations in force. Helliwell agreed that it is not necessary to include Type 1 wetlands in addition to existing regulations but she stated it is not clear what the term specified" means, either. Further discussion ensued regarding the intent of the term, and Pflaum suggested that perhaps the word "specified" should be included in the first sentence of the entire paragraph. The MOTION TO AMEND the main motion PASSED unanimously. Vasiliou stated concern with the proposed language regarding the "desire" of the "citizens of Plymouth" and stated that, as an elected official, she was not comfortable in stating that as a broad basis for a policy. The Task Force does not this is true and she suggested that the term "it is desirous" would be more appropriate. MOTION by Vasiliou, seconded by Plufka to delete "the citizens of Plymouth desire" and to substitute "it is desirous"; and to also insert the word specified" in the very first sentence of the statement before the word wetlands." MOTION TO AMEND the main motion PASSED unanimously. The MAIN MOTION as twice amended PASSED unanimously. 3- Gartner reviewed Item 2 of the memorandum and Plufka stated there is a need to define wetlands but he is concerned with the stated size minimum. Wirtz stated that he also has a concern with size but that perhaps it should even be smaller 5,000 square feet. Plufka clarified his point and suggested that the minimum should be greater than 5,000 square feet. Gartner stated the intent was not regulate, per se, since the Corps of Engineers regulates types 1-8 using a factor of 10,000 square feet; he stated the purpose is to require an identification of the wetlands so that the City knows where all the wetlands are. Plufka stated that cost can be a factor here in assembling data that goes beyond the minimum standard of the regulations. Cost -benefit could be a critical concern. Gartner suggested that aerial photographs, soils information, and windshield surveys could be used and it is not necessary to hire consultants. Hagen agreed with Plufka stating the concern about being more stringent. By having the information, it could become a City standard over time. He does not support that. Driessen agreed and Pflaum stated that the City Council should ultimately determine what the minimum is. He suggested that the City can get the information as development plans are reviewed. Peterson stated that maps could be checked and the information from the map assembled so that people know where the wetlands are; she supported the proposal in the memorandum. Moore explained that the map used by the Corps of Engineers identifies soil types and not wetland types. The information then is used to identify where wetlands are likely so that more specific analysis of a particular area will determine the wetland type. Tremere indicated that there is an abundance of data available including the information received from developers when they submit their plans. He questioned whether there was a need for a new tool that could require substantial technical review and input. Helliwell indicated that she understood other communities including the City of Eagan has done mapping and that the efforts were coordinated with other agencies. MOTION by Plufka, seconded by Vasiliou to amend the first sentence of item 2 to read as follows: "The City of Plymouth should identify and map Type 3-8 wetlands greater than 10,000 square feet in area." Extensive discussion ensued and Gartner stated that it should be all wetland types and not just types 3-8. He noted for example that City information now identifies Type 2 wetlands. Stenoinen agreed with Gartner on inclusion of Type 2 wetlands and having a minimum of 5,000 square feet. Discussion ensued as to what constitutes and informative map of wetlands and more offered comments as to what could be mapped using available data. 4- Gartner emphasized that the intent of this item was to not type the wetlands but rather just identify them. Hagen stated that a map did not seem necessary since given the existing information the City has, extensive detailed data is available when a developer submits the required surveys and plans. Peterson stated however that citizens and others need information when they make decisions about purchasing a home or for other reasons. Helliwell stated that the City Council needs the reference materials so that, for example, they have something with which to compare data from developers. Hagen stated he is not clear what is being gained from having this more detailed map. Moore suggested that perhaps the Corps of Engineers/Fish and Wildlife Service Map could be more legible but that is a matter of graphics rather than a matter of creating a new map based upon detailed analysis. Plufka stated the issue of whether to include Type 2 wetlands is debatable; he is concerned that the average citizen must know what the fine distinctions are of the various types in order to understand them; it is not clear whether there would be a benefit to including that if there is to be the mapping. Wirtz stated that he appreciated Plufka's point but suggested that perhaps all types could be shown on the map (Types 2-8) and the map could contain a disclaimer or explanatory note that clarified the limitations of the map as well as communicated the definitions of various wetlands. Plufka stated his concern is with the neighboring property owner who is interested in wetland issues of development of an adjacent site, for example; there is a high desire on that neighbor's part to have good data "up front." Extensive discussion ensued regarding that and Gartner suggested that the City could have both a disclaimer/explanatory statement and could make available other information that they have now. Hagen again inquired as to what is accomplished since it constitutes raw data only without any analysis or explanation of how a particular developer might legitimately deal with it. Tremere suggested that perhaps a middle ground could be set whereby a more legible map could be prepared and more explanatory data could be provided without necessarily creating a new map after extensive technical analysis and surveying. SUBSTITUTE MOTION by Moore, seconded by Wirtz that the second item be approved reading as follows: "The City of Plymouth should produce a suitable map of wetlands in the City based upon the map and information from the U.S. Fish and Wildlife Service. By doing this, all parties (City, private, and regulatory) concerned with development can be made aware of the existence of wetlands, on a given property." 5- Gartner stated that it should still be the responsibility of the City to field -check, such as with a windshield survey (all of the areas). Plufka agreed with the substitute motion. Driessen stated that the public needs to be encouraged to do their homework so that maps such as this are understood and not misinterpreted. The VOTE was called on the SUBSTITUTE MOTION; it PASSED unanimously. MOTION by Gartner, seconded by Plufka that the map produced by the City should include a disclaimer and explanatory statement that the map reflects general information and does not reflect size or type which is data that is available from other City sources and from other agencies. The disclaimer and explanatory language should be reviewed and approved by the City Attorney. MOTION PASSED unanimously. Gartner explained the Third Item and stated the intent was to require the use of boundaries that are already used by the Corps of Engineers and the Department of Natural Resources. MOTION by Wirtz, seconded by Vasiliou to approve item 3 as stated. Extensive discussion ensued. MOTION by Plufka, seconded by Hagen to amend the main motion by striking the word "all" in Item 3a and substituting Types 3-8. Gartner stated that it would be preferable to include Type 2 wetlands for this purpose. Hagen expressed his concern that there is a lot of wetland area left in Plymouth of all types and that he could perceive a problem where there would be a de facto exclude of land eligible for development than was intended by current regulations. Gartner suggested that the Task Force consider proposed Item 4 and explained that Items 1-3 were intended to establish a good base of information and not regulation. Hagen stated he generally understood Gartner's intent but there were potential major ramifications from including a wetland type even as a matter of information since it was not being regulated. He stated that developers needed sound information when they make major decisions to purchase land and especially when they are also being required by the City to anticipate future roads and other public improvements. Gartner stated that City data already identifies those wetlands which could be classified as Type 2 and that the intent is to identify and not regulate. Hagen and Pflaum stated that if an explicit statement was provided as a qualification they could accept that. Further discussion ensued and Vasiliou agreed with Hagen relative to the impact upon the transportation plan as well as other City plans as developers lay out their developments. am Pflaum stated that the requirements cited in Item 3 should be oriented not only to developers but to anyone involved with land use and he suggested that the word "applicant" would be more appropriate. Wirtz and Vasiliou agreed. Moore stated his concern that most areas are composite wetlands and are not just one type. He prefers that Types 3-8 be used. Stenoinen agreed with Gartner as to the inclusion of Type 2 wetlands. The VOTE was called on the MOTION TO AMEND. The MOTION PASSED. Wirtz, Stenoinen, Helliwell, Gartner and Peterson voted nay. MOTION by Plufka, seconded by Hagen to amend the main motion as amended relative to item 3a by substituting 10,000 square feet for 5,000 square feet. Stenoinen stated that he supported leaving the 5,000 square as explained by Gartner. Plufka explained his reasons; he stated that in his opinion he is not inclined to acquire small areas that are likely to fill in and not have any value. He cited the observations made during the recent field trip including the remarks by the Department of Natural Resources representative. He noted that there are much larger areas that can be preserved and that should be the focus. Helliwell stated that small areas are significant and for example are often where birds nest and hatch their young. Moore stated that it appeared that Plufka was attempting to deal with the identification issue and not regulation and the increase in size as proposed by the motion to amend suggests regulation. Extensive discussion ensued and Hagen disagreed with Moore; Plufka clarified the intent of using 10,000 square feet and noted the standard that is now applicable with the regulations in force. Moore stated that smaller areas can have benefits too and therefore there was merit in having them indicated on development plans so that the City could evaluate those potential benefits. Further discussion ensued as to the cost -benefit of using the smaller areas; and the various uses of the wetlands which are smaller than 10,000 square feet. The VOTE was called on the MOTION TO AMEND the main motion again. The motion FAILED. Stenoinen, Wirtz, Peterson, Moore, Helliwell, Gartner and Tremere voted nay. MOTION by Moore, seconded by Peterson to amend the main motion as amended to read as follows: The City of Plymouth's ordinance pertaining to preliminary plat, site plan and grading permits develepment— should be revised to require an applicant deyele#er-to indicate on his plan for informational purposes: 7- a. Types 3-8 wetlands greater than 5,000 square feet in area. b. The type of wetland shall sheuld be identified. The VOTE was called on the MOTION TO AMEND. The motion PASSED unanimously. The MAIN MOTION as twice amended PASSED unanimously. Gartner introduced item 4 and Tremere clarified the current language in the Zoning Ordinance which is applicable to Planned Unit Developments and in the Subdivision Code which is applicable to all development. During discussion Hagen expressed concern with the term "maximize" and Plufka stated that perhaps the term "promote" would be a better word. Gartner clarified the intent is to ensure that the Planning Commission is determining whether the developer is in fact promoting preservation of identified existing wetlands. Moore stated that the concern with the present wording is that the intent seems to be "promoting protection" whereas the actual use may be for drainage and ponding and thus what is being promoted or proposed is not protection, per se. Plufka stated that he was concerned with Moore's point in that the issue before the Task Force is preservation of wetlands and not the incidental though important provision for storm water management. MOTION by Plufka, seconded by Peterson to approve item 4 reading as follows: Appropriate standards should be adopted relative to the review process for development wherein the Planning Commission is directed to determine whether the applicant is promoting the preservation of identified existing wetlands within the development boundaries. The MOTION PASSED unanimously. Stenoinen left the table. Discussion ensued regarding proposed Item 5. Tremere stated concern with the use of the word "only" in the first line citing programs currently available which could provide an economic incentive for the protection of wetlands. He suggested that the word only be deleted and the language clarified to indicate that it is one program currently available. Moore suggested deleting the parenthetical statement that "a maximum of 50 percent has been suggested" in sub -item D. The Task Force has not made that finding. MOTION by Plufka, seconded by Helliwell to approve Item 5 revising the first sentence to read as follows: "The City of Plymouth Park Dedication Policy provides a means by which the City can offer an economic incentive for the protection of wetlands;" and, by revising Sub -item 5D by deleting the parenthetical statement. me MOTION PASSED unanimously. MOTION by Peterson, seconded by Plufka to approve the 6th Item as stated. MOTION PASSED unanimously. Tremere suggested relative to Item 7, the second sentence should be clarified by just referring to available media. Moore questioned the need for reference to "protection" in that the preservation and protection of wetlands would be obvious as the purpose for the regulations. Plufka stated that the City should have a plan or program for the maintenance and upkeep of City -owned wetlands. Helliwell agreed and stated that a schedule of wetland maintenance and upkeep should be established. MOTION by Peterson, seconded by Moore to approve Item 7, ending the first sentence after the word "regulation" and revising the second sentence to indicate that the program could be done by available media rather than just articles in the Plymouth newsletter. Stenoinen returned to the table. Stenoinen stated that it was important to utilize external groups such as homeowner associations and others who are concerned about the preservation of wetlands. VOTE on the MOTION was called. The MOTION PASSED unanimously. MOTION by Plufka, seconded by Gartner to add an 8th Item to the report to the City Council as follows: "A program and schedule of the maintenance and upkeep of City controlled (easements and ownership) wetlands in developed areas should be established." MOTION passed unanimously. MOTION by Wirtz, seconded by Gartner to add a 9th Item to the report to the City Council as follows: The City should develop a regulation that all required mitigation for encroachment into wetland areas should be first relative to the impacted wetland area and then as an alternative within the City of Plymouth. Discussion ensued and Hagen suggested deleting the term "required". Pf1aum questioned what was most significant, the wetland itself, the site that included the wetland, or the City as a whole? Driessen suggested that it would not be prudent to limit it just to Plymouth in all cases in that a developer of national scope might have better overall mitigation opportunity especially when the jurisdiction was primarily with the Army Corps of Engineers and not with the Department of Natural Resources. Gartner observed that intent would be to allow mitigation in an adjacent community if a development site and wetland area transcended municipal boundaries. m DATE: October 8, 1990 TO: Community Development Director Blair Tremere FROM: Planning Commissioners Richard Plufka and Michael Stulberg SUBJECT: POSITION ON WETLANDS TASK FORCE 1. We support environmental control that is appropriate and compatible with continued development. 2. We still feel that the Task Force has not articulated what it is that present ordinances, DNR and Corps procedures don't address. 3. We do not favor adding more regulation where present regulation is adequate but we could support regulation of areas that are not now regulated, if a convincing case can be made for their regulation and an overwhelming public need versus private rights can be demonstrated. wtlnds/task.plu) Desired Outcome of Wetland Taskforce If additional regulation of wetlands is necessary fiver and above that which is already provided for by regulatory bodies) a clear, concise ordinance needs to be explored . This ordinance would facilitate preservation in a realistic, manageable and legal way. Cost impact needs to be a consideration if regulation is to exceed that which is already in place, i.e, the expenditure of public monies for the overall good vs. the desires of special interests. The City of Plymouth should irmiediately incorporate wetlands value into their park dedication policy in order to provide a fair and equitable "dedication credit" to private landowners. I believe that this would also address the question of a "taking without compensation." A Orltun Ctnttr • Suitr 145 • Ont Carlson 11ekw,y North • FlymmII i, MN SA 47 • (61:)475.0537 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 TO: Members of Task Force on Wetlands FROM: Blair Tremere, Community Development Director SUBJECT: SUMMARY NOTES FOR THE SEPTEMBER 25, 1990 MEETING Members Present: Chairperson Maria Vasiliou, Councilmember Carole Helliwell, Paul Wirtz, Norman Gartner, Vince Driessen, John Griffith, Peter Pflaum, Hans Hagen, Thomas Stenoien, Mary Peterson, Fred Moore, and Blair Tremere. Members Not Present:Don Anderson, Dick Plufka, and Mike Stulberg Also Present: Councilmember Lloyd Ricker and 2 citizens/residents. The meeting was called to order at 6:00 p.m. by Chairperson Vasiliou and she called the roll. The summary notes for the August 30, 1990 were approved. Chairperson Vasiliou recognized Mr. Kevin Lines with the Department of Natural Resources, who indicated he had been invited to address the Task Force by several members, and indicated he would answer questions. He gave his background which is primarily in fish and wildlife areas, and he is involved in the evaluation of proposed amendments or modifications to wetland areas. Tom Stenoien asked about the ideal size of wetland -- whether there was a specific minimum threshold that ought to be established in addition to or other than the one now used by the DNR. Kevin Lines stated that there was no universal size, that when applied across the board in every case, since smaller wetland areas can be just as valuable as larger areas and often are more valuable. He stated that on occasion there have been some suggestions that the State minimum size for regulatory purposes should be reduced to 1 acre (versus 2.5 acres), but that it is difficult to identify a particular size across the board. Fred Moore verified with Kevin that the actual characteristics of a wetland are as important as the size; Kevin indicated also that the species of plants and animals are also important. 1- Councilmember Helliwell asked about the practice of allowing mitigation off the site of the wetland being impacted, and whether that was considered good. Kevin Lines stated that it was difficult to replace what nature had established in one area, especially in a different location, and that the mitigation measures approved strive to be sensitive to the needs of wildlife, as well as the preservation of wetland areas. He stated that offsite mitigation can be problematical, and that the State has had some concerns over time whether the net effect is good, since particular wetland characteristics are law. Carole Helliwell added that she was aware that some man-made ponds or wetland substitutes tended to stagnate and thus were of lesser quality and desirability than the original wetlands which were displaced. Mary Peterson inquired as to how much shoreline or wetland areas should be preserved in a community such as Plymouth, and Kevin Lines indicated that preservation of upland areas is just as important as the preservation of wetlands themselves. He said much wildlife depends on the quality of the upland area. The precise quantity is dependent upon the actual characteristics of the land in a particular area or community. Blair Tremere observed that the Task Force had previously discussed the relationship of urban development and wetland preservation versus the impact of agricultural activities and wetlands; the observation that second -ring and other developing suburbs are effectively paying for the mistakes and impacts of others, including the central city, through tighter regulations and impediments to development; and, finally, it is not entirely clear what advocates of further wetland regulations would have municipalities do, considering the level of regulation that exists at the state and federal level. Kevin Lines responded that the regulatory process reflects that fact that society has recognized the value of wetlands; he agreed that it appears agriculture benefits at the expense of urban development but he noted, however, that there were a number of programs that do apply to agriculture which have been effective and that, increasingly, more and more wetland areas are being recovered and preserved. He stated that developing areas such as Plymouth and other suburbs were perhaps paying a price for the lack of sensitivity to wetlands in other communities that have already developed; Blair Tremere clarified that an issue was whether the entire metropolitan area should be responsible for paying for the acquisition and permanent preservation of wetland areas, and that that concept had been mentioned by another DNR representative who had made a presentation to the Task Force. Kevin Lines commented on the potential role of the City, and stated that, in his personal view, it should be oriented to a planning role, where existing regulations can be better coordinated. He said the City can be more restrictive than the state or federal levels, and that that has certain benefits for the future. He stated that he is sometimes frustrated when inspecting sites for permits, in that the fate of a permit is either approval, denial, or conditional approval. He stated that many requests for permits involve variances, which suggest that there is an unwillingness to adhere to established standards. 2- Chairperson Vasiliou inquired how Plymouth rates, and Kevin responded that the City has an abundance of resources and clearly has paid attention to the need for adherence to State and Federal regulations. He stated that there have been some projects that have disappointed him, but that on the whole Plymouth has been attentive to the matter of wetlands and the impact of development. Tom Stenoien asked what consititutes a good program, and are there any kinds of projects that have more impact than others? Kevin responded that road construction probably has the most impact. He stated that he is familiar with the regulations in Forest Lake Township and he feels they are good. He stated again that Plymouth has taken positive steps, including the review of the entire subject by the Task Force. Chairperson Vasiliou thanked Mr. Lines for presenting his views, and indicated that he was welcome to attend future meetings. Chairperson Vasiliou introduced the next item, which was the report of the Subcommittee appointed to evaluate the information needs of the Task Force and the nature of information that could be made available to the public and to developers. Blair Tremere outlined the approach used by the Subcommittee, which met twice, and which designed information sheets which were handed out to the members. He stated that the main conclusion of the Subcommittee is that clear, straightforward information is one of the most important things that the City could provide so that people can better understand what the wetland regulation process is about. Paul Wirtz commented that the graphics produced by City staff were excellent and needed to now be supplemented with written definitions to explain the various terms. He stated that it is clear that the City has broad jurisdiction through its Land Use Regulation process, and then he commented on the Department of Natural Resources' and the Army Corps of Engineers' jurisdiction. Fred Moore noticed a correction was needed on the matrix involving the Department of Natural Resources relative to mitigation. Fred Moore also commented on the planning process underway with the watershed management organizations, and he noted that the City will be required to adopt plans that are responsive to them. He reiterated that he would recommend to the City Council that a plan be adopted by the City that represented the most stringent of the regulations published by the four watershed management organizations; thus, developers and others would know that compliance with the City plan would assure compliance with any of the other organizations. Paul Wirtz continued his presentation by stating that what had been prepared by the Subcommittee was an "understanding" document and that just having this information puts the City ahead of other communities that have simply adopted boiler plate" ordinances and regulations. He indicated that he personally did not see the need to put all City regulations together in one handout, but rather saw a need to provide a set of information sheets that would help people understand the subject and lead them to more detailed information if they desired it. Extensive discussion ensued and Chairperson Vasiliou inquired where to go next? She stated that the Task Force needs to find the specific subject of the report to the City Council in response to the Council direction; she noted 3- that several Task Force members had indicated some frustration that the nature of the problem had yet to be identified. John Griffith commented that, to date, the focus seems to have been primarily on impacts of development; he stated that it is also significant to note how much farmland in the City is involved that would be regulated or protected. Fred Moore and Blair Tremere commented that the amount of active farmland is very minimal in Plymouth, although there is a large area that is rural in character because sanitary sewer is not available. The protected wetlands have been identified throughout the City so that it is not difficult to visualize or even quantify the approximate amount of land left. Urban development is anticipated eventually for the entire community.. Peter Pflaum stated that the Task Force needs to firmly establish what the goals are that both the Task Force and the City Council hope to achieve. He stated he appreciates the frustration of some of the members because it still is not totally clear what the problems are. He suggested that the Task Force needs to prioritize the apparent problems and issues. Norm Gartner stated that the Subcommittee attempted to do that, and that's what led to the development of the graphic materials now presented to the Task Force. He stated that the first priority was to clarify the understanding of jurisdiction and that the problem, if any, is whether enforcement of regulation is what it should or could be, at least with regard to the City of Plymouth. John Griffith stated that there now seems to be the need to identify the next step. Blair Tremere reviewed the July 17, 1990 memorandum, which contained the mission as defined by the City Council. Paul Wirtz stated that he agreed with Peter Pflaum, in that the Task Force should sort out the specific problems to assure that Task Force members are all speaking the same language. Tom Stenoien stated he agreed with that, but his concern is with the overall future of the community, that regulation is somewhat fuzzy given specific areas and specific projects. Chairperson Vasiliou. stated that it appeared to her the key questions were what do we want to protect? And, to what degree do we want to protect? Chairperson Vasiliou stated that there had been essentially two "lightning rods" -- Mooney Lake and Schmidt Lake Road -- that led the city Council to establish the Task Force. Fred Moore suggested that earlier there had been concerns about wetland preservation with County Road 9 construction. Hans Hagen stated that the Task Force should define what wetlands need further protection and, per Peter Pflaum's concern, what exactly is the problem. It seems that perhaps the problem is that people see something going on that they don't fully understand and therefore don't like. That can be addressed with better information and education. Hans Hagen also stated that an important question is, who is going to pay for the cost of wetland preservation? 4- He stated a final question is how, then, should further regulation be accomplished? He suggested that it could evolve over a period of years, but that an initial good step would be to develop a good, readable ordinance or policy that reflects what we do now. Chairperson Vasiliou stated that she had heard many definitions of wetlands but the question remains whether the Task Force is prepared to say "this is what should be saved," and be able to specifically define it. Tom Stenoien commented that his position was one of being a resident of the City for the long run and that he sought to have the most stringent regulations and protections available on behalf of the community and citizens who live here and will live here for a long time. The impact of development upon wetlands represents a loss of a resource which he seeks to protect. Peter Pflaum stated that the question remains as to what is reasonable and in response to questions by Blair Tremere as to what he perceived as the problem, Peter Pflaum stated that people do not want to disturb the "higher levels" of wetland areas that contain wild life. He`stated that as noted by Hans Hagen, there is a need to come to grips with exactly who is concerned about what and who will pay to ensure the total and ultimate preservation of wetland areas. Hans Hagen stated the key consideration is who is going to pay to protect that which society apparently is setting as a priority for protection; he suggested that once that is settled the rest would come. Vince Driessen commented that a key consideration from his perspective is the cost of enforcement and that means the impact of regulations and enforcement upon development. Councilmember Vasiliou asked the developer representatives if they had any comment about the observations made in the City Attorney's letter submitted to the Task Force when it was first established. John Griffith stated that there seems to still be -an issue as tb whether there is a taking when the developer is constrained from using land that could be physically developed but is not only because of policies or regulations. Norm Gartner stated that there are road construction plans that do have some impact on wetlands and that the City should, in the course of its comprehensive planning, consider the impact and choices or alternatives. Further discussion ensued regarding the concept of a "taking" and the impact of regulations on the cost of development. John Griffith observed that cost impact can include regulatory things other than just prohibition. Paul Wirtz stated that while there is a recognition that wetlands preservation is a high priority, society does need to come to grips with the cost of pursuing that. He noted however that the cost of regulation upon development needed to be carefully defined since, in his view, regulations were not a negative impact if reasonable development was allowed. Regulations may direct certain alternatives that perhaps are not desirable, but if development is allowed and is a reasonable use of land, then regulations should not be viewed as a negative cost factor. 5- Peter Pflaum stated that reasonableness not be designed to injure the original be done with property. was needed and that regulations should land owner with respect to what could Tom Stenoien stated that costs are evident in many aspects of development such as building permits; he noted however that wetlands have a value also including a value to the development itself. Peter Pflaum agreed in principal but stated that the type of wetland and the amount of preservation required is what can be critical for a developer. Hans Hagen explained that there was a need for equitable distribution of costs; existing residents are not the ones who pay, it is the new residents who pay. John Griffith stated that there are costs that should not be ignored and can have an impact on the competitiveness a community has with other cities and even that certain areas have with each other within a city. ' He noted for example the economic impacts of a tree preservation ordinance or policy such as that recently adopted by Plymouth. Carole Helliwell responded however that the City saw the need for such regulation because the development community was not effectively ensuring the preservation of trees as sites were developed. Paul Wirtz commented that in reviewing the maps and other materials from the City he concluded that there is very little land left in Plymouth that would not be regulated. Peter Pflaum suggested that the Task Force should actually observe some wetlands and he noted that his experiences had been productive when he has evaluated development sites with respect to wetlands with trained personnel. Chairperson Vasiliou stated that this could be arranged but should be done in the near future to take advantage of the weather as well as the need to wrap up the Task Force work and develop a report for the City Council. An extensive discussion ensued and it was the consensus that a field trip should precede the next meeting. Chairperson Vasiliou determined that the best day for the tour was a Thursday, later in the afternoon, after which the next regular meeting could be held. Blair Tremere indicated that the use of a mini -coach could be arranged through the City's transit service and that notices confirming a date would be sent. He also indicated that an effort would be made to include a person with expertise in wetlands such as Mr. Stein from the Department of Natural Resources. The meeting adjourned at 8:10 p.m. pl/bt/tf.9-25) am my CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 TO: Members of Task Force on Wetlands FROM: Blair Tremere, Community Development Director SUBJECT: SUMMARY NOTES FOR THE AUGUST 30, 1990 MEETING Members Present: Chairperson Maria Vasiliou, Councilmember Carole Helliwell, Mary Peterson, Don Anderson, Hans Hagen, Paul Wirtz, Norman Gartner, Mike Stulberg, Vince Driessen, John Griffith, Fred Moore and Blair Tremere. Members Not Present: Thomas Stenoien, Dick Plufka, and Peter Pflaum. Also Present: Councilmembers Lloyd Ricker and Bob Zitur, Jeanne Wegener, and Randy Begin, citizen/residents. The meeting was called to order by Chairperson Vasiliou at 7:30 a.m. and she called the roll. The summary notes for the August 16, 1990 meeting were approved. Chairperson Vasiliou stated that, as announced at the last meeting, time would be provided for persons advocating a particular position regarding wetland regulation to speak. Randy Begin explained his position with the "anti -metropolitan mosquito control district" efforts undertaken because of the concern with the systematic use of toxic chemicals. He stated that spraying such chemicals should stop and other methods should be used. He noted that other species which can effectively control the mosquito population can be negatively effected by the use of the chemicals. He suggested that a petition be started to force a vote on whether the mosquito control district should be allowed to continue. A discussion ensued and Carole Helliwell expressed concern about the costs of the programs now used. John Griffith inquired about the schedule and frequency of spraying programs. Don Anderson inquired as to who else controls mosquitoes as we do in the metropolitan area. Carole Helliwell expressed concerns about the methods used and the impact on the environment. Chairperson Vasiliou noted that no one else was present to speak. She introduced the next item of business which was continued discussion of the Task Force's work program. She stated that it would be helpful to evolve a position statement as to what is and is not happening with respect to wetland regulation. She noted that Commissioner Plufka had indicated a concern that the group specifically identify the problem or problems the Task Force is attempting to resolve. She asked Blair Tremere to review the current regulations. He explained the regulations the City references through State and Federal laws and also noted the local ordinances regarding flood plain and shoreland areas. He said also there was active review of development proposals by watershed management organizations as well as by the Metropolitan Council. Fred Moore explained the maps that had been handed out at the last meeting and stated that the City has had a storm water drainage plan and system since approximately 1971. He explained how the ponding provisions of that plan related to the regulated wetlands and how the City reviews development proposals to ensure consistency with the plans as well as the applicable State and Federal regulations. Fred Moore also explained the role of the watershed management organizations and the plans that are now being prepared that include review of wetlands. He stated the issues were both quantity of wetlands and the quality of the water and that, since cities would be required to conform to the plans (in Plymouth's case, there will be four since we have four watershed management organizations covering the City) it would be appropriate to consider having one set of rules that would ensure compliance with all the different plans. Mike Stulberg stated that the Task Force should come to grips with why more regulation is necessary, if it is. He reviewed the City Council direction and mission statement and wondered whether perhaps the concerns were simply a matter of aesthetics. If that is the case, then that should be spelled out; perhaps, no major overhaul of regulations is necessary. Chairperson Vasiliou stated that the Planning Commission for some time had discussed the use of passive open area as well as active open space such as park and recreational areas and that if the community concern seems to be more with the aesthetics, i.e., preserving wetland areas for passive recreation, then perhaps it is time to formally direct that. Paul Wirtz suggested that perhaps the Task Force has still not heard from the right people from the various agencies to clarify the apparent overlap and even conflict with regulations by different levels of government. It would be helpful to specifically identify what is regulated and what is not so that the City can better evaluate what if anything is necessary to fill in the gaps. Blair Tremere reported what seemed the main concern of the City Council when the Task Force was established, namely, projects, both public and private, were held to have an impact upon wetlands that was not being addressed; there seemed to be a frustration on the part of some citizens that there was a perceived loss of wetlands due to ineffective or lacking regulation. 2 - Fred Moore cited examples of several recent projects where there was an apparent concern about the loss of wetlands or negative impact upon wetland areas. Hans Hagen suggested that the issue is whether there is a better framework upon the which the City rules and the rules of other agencies in the long term can be established, not only to provide a better understanding of the rules but also to ensure an effective administration of the rules. He suggested this can be done in part and let the appropriate framework evolve as various elements are clarified and defined. He stated that it seems difficult for a City Councilmember today to fully grasp all the regulations and policy considerations regarding a variety of environmental protection measures including those focused on wetlands. Don Anderson agreed that the status of current regulations should be clarified to assist in determining whether a new ordinance is actually needed. Paul Wirtz reiterated his concern about gaining a good definition of wetland regulation citing the existing rules, the exemptions, and, thus, the overlap that exists among different agencies and different rules and statutes. He suggested that perhaps a matrix could be developed so that the Task Force in the City could eventually determine what is left to regulate, if anything. This would allow the policy makers to determine what policies or ordinances would be appropriate. He stated he also agreed with Maria Vasiliou regarding the need to further emphasize passive open space as well as active park land and recreational areas. Norm Gartner suggested that the Task Force needs to assist the City Council in determining that there is truly a public benefit to all the citizens of the community and that the issue is not just one of a neighborhood benefit for those who happen to live near a particular project. Regulations should be applicable City-wide. A brief discussion ensued about the application of the City's Park Dedication Policy and Carole Helliwell inquired whether full credit was given for Swan Lake Park. Fred Moore explained how the policy was applied to that particular project; he noted the history of the Park Dedication Policy adopted by the City Council which held that the City did not need to take or acquire land which would be left in its natural state anyway, i.e., it would retain its wetland or water body characteristics. Thus the area of a development site that would be marked for taking, pursuant to State law and the Park Dedication Policy, would be land that could otherwise be developed. Norm Gartner stated that the so-called further discussion especially in light concerns that have been addressed by the taking issue" would be worthy of of the passive and active open space Planning Commission. John Griffith stated a concern with the amount of regulation and its impact on the cost of land, development, and housing. He stated this should be kept foremost in everyone's mind as new regulations are discussed since the public pays whether in taxes or in increased housing and business costs. 3 - Paul Wirtz stated he could agree with that only if it can be demonstrated that regulation does impose restrictions on development. The role of regulation can be one of guiding development so that appropriate choices are made without necessarily working a negative situation or hardship on a developer. Fred Moore stated that he appreciated Paul Wirtz's earlier point regarding the apparent conflict among various agencies and the regulations. He stated that, overall, the regulations are consistent in their intent and even in their substance. The difficulty that is perceived is the application of the regulations for specific developments. The rules do not necessarily result in the same level of requirements or preservation for all developments which are reviewed on their merits and their individual characteristics. Mike Stulberg reiterated his concerns about the need for more regulation. He stated that even after this discussion it is not clear to him that there is a problem that requires more regulation although clarification of existing regulations would seem to have merit. An extensive discussion ensued about the development of a matrix or outline which would demonstrate existing regulations by agency and by type and thus would hopefully demonstrate what areas if any needed some further regulation that could be provided by local government. Norm Gartner suggested for example that a matrix could be designed to show where regulations were provided for filling, dredging, water quality, size of wetlands, and type of wetlands. Chairperson Vasiliou appointed a subcommittee consisting of Norm Gartner, Paul Wirtz, Hans Hagen, Blair Tremere, and Fred Moore to develop an outline or matrix of the existing regulations by the various agencies and to report back to the Task Force. Vince Driessen also suggested that the Task Force eventually consider the impact of location on development. Chairperson Vasiliou confirmed with Mary Peterson and Carole Helliwell that the approach was an appropriate one. Chairperson Vasiliou stated that the next meeting of the Task Force would be at 6:00 p.m., Tuesday, September 25, 1990 with a light supper at 5:30 p.m. The meeting adjourned at 9:10 a.m. pl/bt/tf.8-30:jw) 4 - MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: September 21, 1990 TO: Chairperson Maria Vasiliou and Members of the Wetlands Regulation Task Force FROM: Blair Tremere, Community Development Director , SUBJECT: REPORT OF SUBCOMMITTEE Chairperson Vasiliou appointed a subcommittee consisting of Norm Gartner, Paul Wirtz, Hans Hagen, Fred Moore and me to develop an outline or matrix of the existing regulations by the various agencies and to report back to the Task Force. The subcommittee met twice, on September 12 and on September 19. The attached forms were developed to identify what agencies have jurisdiction over Wetlands and, in a more detailed fashion, what is involved in each agency's jurisdiction. The subcommittee seeks feedback from the Task Force as to the information value of the form so that any additional information can be identified and then developed. The subcommittee specifically finds that the key product the Task Force will be providing the City Council and eventually the public serviced by the City is basic and thorough information about wetlands and the regulations that apply to activities that involve and impact upon wetlands. The subcommittee also reviewed information provided by Fred Moore from the Shingle Creek Watershed Management Organization that was used as that body developed their watershed management plan. It identifies goals and objectives which at least in terms of the process, in the view of the subcommittee, has value for the Task Force. The subcommittee did not analyze these in depth but viewed them as a good model or tool since it is likely the Task Force may seek to establish some recommended policy for consideration by the City Council. The Watershed Management Organization information is a plan and is not an ordinance. The subcommittee believes it has fulfilled its mission but has indicated a willingness to continue once further direction is received from the Task Force regarding the substance and form of desired information has been established. The forms have been prepared using City automatic data processing and can be revised as needed for clarification and/or correction. 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(A fn Cn Cn a a a a a a a a Fn vd m c 4 _ J FS Z uj co w Z j °6 a > m H L m 0 w L cnU m mc m h :2q JO` m m p a con LL m D Z N O E r -0 O j O Z m C 7 m U C 0mO 0 0 mCO a 3 o m m mEaocmamao ,; m m m Y 010 j 0 C tmi m 0 m a CO m 3 o F m a c E m- mC ° m V m O N y • p .a N m m C c vi > o a m u m ~ E `o mmLEvxOO) m 0 > m O 2Cl) c s f° L C L m a Q N ° cm J m U O N 3 O] N Lm m m m o rn a m m D o ( m ti a s c n 2 c T O o m t O O f.• N Z` m L N U W m2 m 3 m Z CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 TO: Members of Task Force on Wetlands FROM: Blair Tremere, Community Development Director SUBJECT: SUMMARY NOTES FOR THE AUGUST 16, 1990 MEETING Members Present: Chairperson Maria Vasiliou, Mary Peterson, Hans Hagen, Thomas Stenoien, Paul Wirtz, Norman Gartner, Dick Plufka, Mike Stulberg, Vincent Driessen, John Griffith, Fred Moore and Blair Tremere. Members Not Present: Councilmember Carole Helliwell, Peter Pflaum, and Donald Anderson. Also Present: Jeanne Wegener, Randy Begin and Tom Jes, citizen/residents. The meeting to called to order by Chairperson Vasiliou at 7:30 a.m. and she called the roll. The Summary Notes for the July 23, 1990 meeting were approved. Chairperson Vasiliou requested the Task Force members to express their position on the matter of regulation or further regulation of wetlands and the role of the Task Force. Hans Hagen stated that he shares concerns for the environment but as a developer must also remember the impact the costs of regulation can have on the consumer. It is imperative that interests be balanced. Norm Gartner explained his background and concerns for natural preservation; he stated there are many technical matters involved in regulating wetlands and these need to be carefully considered in order to develop effective regulations. Mary Peterson said her concern is with the natural aesthetics and functions of wetland areas and her interest in the subject was heightened as she increasingly felt that little if anything was being done to preserve the wetlands and to stop their elimination. 1 - Mr. Stine commented on the role of hydrologists as regulators at the DNR. He said the wetland preservation debate is not a new one and has been particularly pronounced in rural areas where the dilemna of "preserve wild life but let me grow food" has expanded to a "no net loss" philosophy. He showed graphics including the Prairie Pothole Region where there has been an 80 percent loss of wetlands since 1850; he noted that basically that regions now starts in western Plymouth, Minnesota and extends west. He noted the various wetland types including those that are now currently regulated by State law and rules. He covered the subjects of flood experiences and costs as well as the functions performed by wetlands in the food and water chain. He said the loss cost is about $300 per acre-foot of storage and the loss rate is approximately 5,000 acre-feet per year. Approximately $2 million dollars per year is spent to clean up pollution and monies spent through Federal farm programs are rising. The State Permit System started in 1937; in 1973 the definition of public waters was expanded to include wetlands and an inventory was conducted of protected water. He said that about 13 percent of Hennepin County is protected wetland and the DNR Permit Program regulates a broad variety of activities particularly in the developing areas such as Plymouth. He described the permitting process and the appeals procedure. He said that about 95 percent of requested permits are issued; much time is spent up front with applicants explaining the rules and the criteria for developing in an around wetland areas. He said that in his personal experience he has observed that, 10 years ago, there was an attitude to get rid of wetlands for better uses including farming and development. He said today there is a much higher awareness by all parties that mitigation and prevention are viewed as desirable goals. One big change has been that the focus is on much smaller areas, say 10,000 square feet versus 5 acres. He concluded his presentation by reviewing program components of the DNR Permitting and Preservation Programs. Dave Ballman reviewed the history of the Army Corps of Engineers regulation programs as to navigable waters and, since the 1970's, wetlands. He stated the Corps regulates all wetlands in the sense of having total jurisdiction and he noted the so-called "nation-wide permit" that allow certain activity if specified criteria have been met. In response to a question by Chairperson Vasiliou Mr. Ballman stated that the Army Corp and the DNR cooperate closely and in fact have a formal memorandum of cooperation or understanding which defines the joint jurisdiction they have. Blair Tremere asked Mr. Ballman to review the various thresholds such as size and type that are used to determine levels of regulation. Mr. Ballman explained the various review procedures and cited Environmental Protection Agency (EPA) regulation 404.B1. He said a new review process is being established which uses a "sequencing method" of analysis which changes the mitigation/compensatory practices of the 3 - John Stine stated that he appreciated that perspective and stated that it was a practical observation that second tier suburbs are effectively paying for development of central cities and first ring suburbs relative to wetland loss. Thus, there is a higher scrutiny of development in Plymouth and similar communities. He suggested that perhaps there is a true need to review, on a Metropolitan basis, how wetland preservation measures could be paid for; this would include a system by which those who are not in developing areas would help pay for the preservation of wetlands in the developing areas. Thomas Stenoien inquired whether there was an acreage or size below which local government should not be concerned as to additional regulation. John Stine stated that that was a difficult question because size alone does not equate with quality. Each wetland area needs to be examined on its merits and that State rules which now have minimum thresholds were established essentially to facilitate the procedure. Mr. Sandstrom agreed and cited examples where small wetland areas were much more significant than large areas that had wetland characteristics. Mr. Ballman also explained the thresholds of the Army Corps of Engineers nationwide permit. Blair Tremere inquired about the appropriate role for local government; he observed that the panelists seemed to concur that there is a role for additional regulation by cities despite the regulation by the Federal and State governments as well as agencies such Mr. Sandstrom's. John Stein stated he finds a niche which needs more attention and regulation is at the boundaries of wetlands. The upland areas need attention so to provide maximum protection of the wetlands. This is an appropriate role for local government which does regulate development. Mr. Sandstrom agreed. Blair Tremere stated that the Federal and State agencies seem to have a good idea of what needs to be done and it still is unclear why that should not be an exercise of their agency rather than a new role for local government. Mr. Stine explained the budget constraints on the State agencies as imposed by the legislature and that it was difficult to get the additional staff and money that would be needed to expand programs. Blair Tremere commented that that was exactly the concern at the local level. Hans Hagen stated that the appropriate roles of the City especially considering the high cost of this additional regulation should be clearly defined and that dollars should not just be spent on local wild life management. He questioned whether that was an appropriate role for local government. If the preservation and other activities are of such a high priority and popularity then State legislators and Federal legislators should have no problem in funding the appropriate programs. Chairperson Vasiliou inquired why agencies seem to disagree and, more significantly, why do personnel within an agency seem to disagree on certain issues? Mr. Stine responded that his agency encourages diverse opinions and that it is possible various staff personnel may espouse a position that is not necessarily in line with any formal position of the agency. Individuals within the agency also may have disagreement over various matters. On the 5 - M CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 TO: Members of Task Force on Wetlands FROM: Blair Tremere, Community Development Director SUBJECT: SUMMARY NOTES FOR THE JULY 23, 1990 MEETING Members Present: Chairperson Maria Vasiliou, Councilmember Carole Helliwell, Don Anderson, Mary Peterson, Hans Hagen, Thomas Stenoien, Paul Wirtz, Peter Pflaum, Dick Plufka, Mike Stulberg, Vincent Driessen, John Griffith, Fred Moore and Blair Tremere. Also present City Attorney Jim Thomson and residents Tom Jes and Randy Begin. Chairperson Vasiliou called the meeting to order at 7:00 P.M. and called the roll. She introduced City Attorney James Thomson who had been requested to provide the Task Force a legal perspective. Mr. Thomson reviewed his July 20, 1990 letter which covered the general City authority, the effect of State regulations, the effect of Federal regulations and constitutional issues. Mr. Thomson then responded to several questions from Task Force members about the possibility of adopting standards more stringent than those enforced by the Department of Natural Resources, for example. The next item was discussion of the mission of the Task Force and direction from City Council. Chairperson Vasiliou reviewed the Mission Statement in the July 17, 1990 memorandum. She noted particularly that the City Council hopes to be able to adopt regulations which are sensitive to the concerns voiced by residents and developers which are designed to preserve natural amenities within the community while yet not undermining continued community development according to the City Comprehensive Plans. The next item was a review of available resources including the possibility of consultants. Blair Tremere indicated that substantial research had been completed much of it in the form of ordinances and other information from communities and agencies. This material is available for review by Task Force members. The next item was discussion of the Task Force meeting schedule and work plan. Chairperson Vasiliou suggested that November 1, 1990 be established as the goal for completing a report and recommendation to the City Council. She asked for discussion of that and the desires of the Task Force members as to when meetings should be conducted and how often. Thomas Stenoien stated that the November 1 date seems reasonable and he cited a number of matters that should be covered including the regulation of wetlands that fall below the thresholds used by the State. He stated that it would be productive to hear from the Department of Natural Resources (DNR) representative. Peter Pflaum indicated that it would be productive to examine what other cities have done in this regard. Blair Tremere commented that staff had obtained a number of ordinances and other materials regarding that and that the Task Force members should feel free to examine the materials. Chairperson Vasiliou inquired whether the Task Force would want to break up into subgroups with each taking some issues or an issue; also whether the Task Force would want to have representatives from other cities come to visit and explain their experiences with regard to wetland regulation. Richard Plufka stated that the Task Force should first determine what is failing or what is the problem and then determine what is causing the problem. By doing that first, the Task Force can then focus on solutions. He stated that he did not need to be convinced that wetland preservation had merit; he needs to understand what the apparent problems are so that he can help find solutions. Mike Stulberg agreed and inquired as to information available that would show what we now have with respect to wetland regulation and what do cities around us have by way of rules and regulations that might be comparable. He stated that he has a concern with the State itself having a bad effect upon wetlands through highway construction, for example even though the City and other agencies are expected to regulate private property owners. Chairperson Vasiliou cited a recent effort in the legislature to pass a bill that would have provided for further wetland regulation; she noted the bill was not successful and that was due in large part to influence of rural interests. Carole Helliwell inquired as to whether the City knew where all the wetlands were. Mr. Moore responded that we do necessarily have maps of where every wetland is but we do know where the protected wetland areas are by virtue of a map provided by the Department of Natural Resources; further, the soil type approach used by the Army Corps of Engineers is available through the City where it is possible to identify areas where there probably are wetlands. He stated that field verification is often required. He explained there are essentially three agencies that now control: the Environmental Protection Agency (EPA)/Corps of Engineers; the DNR; and State Soil and Water Conservation Agency. 2 - There was further discussion about the graphic information the City might have regarding current wetlands. Don Anderson stated that he agreed with Mike Stulberg and suggested that input from persons from other communities would be helpful eventually. John Griffith commented that State agencies are not easy to deal with with regard to permits and he is concerned that a duplicate effort not be created with parallel local regulations. There are many controls in place now and the Task Force should become aware of them before adopting new ones that apply just to the City. Chairperson Vasiliou inquired of Mr. Griffith whether there were now rigorous tests or analyses and Mr. Griffith responded in the affirmative, depending upon the particular area. He cited a recent example of a development that his company proposed and that they were informed that at the present time no wetland alterations were being allowed by the Army Corps of Engineers. Hans Hagen agreed with Dick Plufka in that the Task Force should identify specifically what the problems are. He stated it was almost impossible to solve a problem without first identifying it and he agreed that the Task Force should listen to others and place the emphasis on listening. He also suggested that if additional regulation is deemed necessary, the City's efforts should be of a coordinate in nature where for example a developer could expect that if he met Plymouth's singular regulations, he would be simultaneously meeting or exceeding those of all other agencies. Paul Wirtz inquired whether there would be summary notes of all meetings; Blair Tremere responded that there would be. He also indicated that the meetings could be tape recorded so that members could listen to the tapes later if for example they missed a meeting. Paul Wirtz stated that the Task Force should identify the problems and the scope of the work. The Task Force could then identify specific objectives which would take the form of an action list. Tom Stenoien stated he could appreciate the difficulty developers have in dealing with the DNR and Army Corps of Engineers following his personal experiences relative to a road construction project. Chairperson Vasiliou suggested that the next step be one of education and that the Task Force consider hearing first from the three primary agencies which now control wetland regulation, the DNR, the Army Corps of Engineers, and the Board of Water Resources. Also Task Force members could study some of the materials provided including those available at the City. Mr. Tom Jess, a Plymouth resident, stated he represented the Minnesota Waterfowl Association and he handed out information to the Task Force members and asked them to review it. He stated that he was interested in pursuing the work of the Task Force and Chairperson Vasiliou suggested that he coordinate with the staff. Fred Moore asked what materials the Task Force would want staff to prepare noting that time and resources are limited but that materials already 3 - available at the City could be provided to members. Blair Tremere explained for example that the City has maps showing the Shoreland Management areas, Flood Plain areas, and DNR --Designated Wetlands. Dick Plufka stated that the Task Force needs to gain a sense of what is viable and possible from an engineering standpoint; he suggested therefore that available maps be provided so that Task Force members could get a sense of what was existing now versus what is planned for the City. Discussion ensued as to the next meeting time and date and Chairperson Vasiliou determined that most members would prefer a morning time. The tentative date was set for August 7, subject to the scheduling of guest speakers or presenters. Chairperson Vasiliou asked Blair Tremere to keep Task Force members informed. 7:30 A.M. was established as the starting time. The meeting adjourned at 8:30 P.M. pl/bt/TF.wet:jw) 4 - MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: July 17, 1990 TO: Wetlands Task Force Members FROM: Maria Vasiliou, Chairperson SUBJECT: INITIAL MEETING The first Task Force meeting will be at 7:00 p.m. on Monday, July 23, 1990 in the City Center Council Conference Room. Mission The City Council has determined that it is appropriate to establish a Task Force to develop recommendations for the Council's review and consideration dealing with the issue of wetlands and their protection and preservation in a urbanizing community. The Task Force is to consider the topic of wetlands and prepare for the City Council's consideration, recommendations which the Task Force deems to be relevant for the community sensitivity to this issue. The City Council hopes to be able to adopt regulations which are sensitive to the following concerns, which are designed to preserve natural amenities within the community while yet not undermining continued community development according to City Comprehensive Plans. The mission of the Task Force is to advise the City Council, perhaps in the form of a draft wetland ordinance, as to what would be relevant for Plymouth and would be state-of-the-art. Key questions that the Council needs assistance in answering include: 1. What is it that the City should strive to accomplish? What are the problems we are seeking to resolve? 2. How much should the City be willing to devote in terms of financial and human resources to further regulate wetlands, including acquisition, given regulatory efforts by other agencies such as the State Department of Natural Resource and the Federal Army Corps of Engineers? Page Two 3. By when should formal regulations if any, be adopted and enforced? 4. What can the City legally do? Meetina Schedules and Logistics It is vital that the Task Force determine when to meet, how frequently the Task Force should meet, and how soon the identified work can be accomplished, i.e., reasonable target dates. With regard to meeting dates and times, please let me know prior to our initial meeting if you have a preference for a day and a time (such as early morning, during the day, or evening); you may call me (475-0537) or the Planning Division Secretary, Jackie Watson (550-5055). I look forward to seeing you Monday evening! pl/bt/wetlands.tf) A AN E PIA J• o o LL LL W W CL a a a T CDNNCC, CwOf7 E m O O 7 O U O O H y 7 C7 U N Ny -C ] C:ftl co ; 'D p N O Z N Q m O L O 3 v o` ° c 0 ~ c ois c E ' c N O@ j . O NL_ CO •C C ; L C 3 Z 0 -v oOUmt9 o ; > o OI 7 C0 U Qi N C d y U U 1) m Wa E a z W Q CCnOpp H d CL wma U LL W W a a 0 N cu g, >, U C 0 c d a _0 o -0 E o 3oo U) l 0 a_ T C c G C C w c Q E a.a oo w o a x E o z_ w LL C U g 0 a' m w w vZ m Q m C U w m Q E a• CL c CO U r 0 No C N p 7 Gf C O i N O oy 0O` 5rv E m E 0.N acNca 0 L0=drommN p U dy E N E L m d o mUCc QJ E U a E y E E pV v7 d E o W LU7 UC O o 0Ww L O U Oy Ln m E c L t¢ mO yftl Q C 3O E m ui f6 y L o co H O C C @ 3 ED L h s a a m 3 Ud C. 7 o i 0 0,0 c m F D 0 3 a cc N 3 S 0 LL m m m w w w ¢ ¢ G S C7 LL S C7 LL w W W ¢ ¢ ¢ a a LL m m m N T C c G C C E c Q E a.a oo w o a x E ozaLLCwLL U g 0 a' m w w vZ Q m C U m Q E a• a w ¢ 0 3 m m Op a 0 CD C co C CD Co m 0 m N S m O O' co O m m N_ 0 N S m . 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O J y 00 Q m m C CL m N a c m o < AN m° m x Fm m F m 0 N. 0 O D- N G7 TX D O (OD JD0 a Q D ID n n T » N n N (n (A (n (n 0 D 0 O C r 0 0 C 3 m O' cn C 0 a3 7J am m a mmam 0 n CW X J T_ Z 2 0 m 3 0 m a ? a © r m o' m m m m O C C D D W W W W 0L7SL72O m L r E_r C C C C D D D W W W W W W W G7 2 L7 2 G7 2 2 6/90 Nam i Fopme=ing Maria Vasiliou, Chairit R. 473-2316 City Council 1775 Black Oaks Lane Plymouth, W 55447 Carole Helliwell R. 557-1530 City Camcil P.O. Box 42183 Plymuath, W 55442 Richard Plufka R. 559-2347 PlariUng Comm. 4095 Terraceview Lane Plymouth, NN 55447_ Michael Stulberg R. 478-6831 Planning Comm. 6010 Troy bane plyarnuth, MN 55446 Donald Anderson R. 545-3608 Park & Rec. 417 No. union Terrace Lame Advisory Com' Ply with, M 55441 John Griffith 0. 449-4033 Ind-istrial Dev. Trammell crow Co. 601 Lakesihore Parkway Suite 200 mimetonka, Mtn 55343 Al Sdhackman 0. 339-9847 Commercial/Inc. Ryan Construction Co. DevelcqWnt 700 International Centre 900 - 2nd Ave. S. Mim9apol.is, M 55402 Peter Pflaum, 0. 473-1231 iZesidentf.al Dev• Lundgren Bros. 935 E. Wayzata Blvd. Wayzata, M 55391 Hans T. Hagen, Jr. 0. 483-0801 Residential Dev. Hans Hagen Tums 2353 No. Rice St. Suite 205 St. Paul, Mtn 55113 Paul Wirtz R. 475-2074 Resident 2325 Walnut Grove Lane Plymouth, M 55447 NETLANDS TASK FCpCE June 1990 Page 2 Norman Gartner 12910 - 56th Ave. N. Plymouth, MN 55442 Mary L. Peterson 415 Magnolia Lane N. Plymouth, MQ 55441 limas Stenoien 10510 - 49th Ave. N. plymnith, M 55442 Fred Moore Director of public Works Blair Tremere Director of Planning & Comm. Dev. R. 544-5028 . Residerrt R. 557-6776 Pesident O. 550-5080 City Staff O. 550-5054 City Staff RNUULAFi WUNCZL JUNE 4, 1990 PAGE 214 Motion carried ayes. DA$ : tNG a roll call vote, five MOTION was made by Mayor Bergman, seconded by Appointments to Councilmember Vasiliou, to appoint the Wetlands Task following residents to the Wetlands Task Force Force: Norman Gartner, Mary Peterson, Thomas Item 9-B Stenoien, Cheryl Knox; with Paul Wirtz as alternate. Motion failed on a roll call vote, Vasiliou and Bergman ayes; Helliwell, Zitur, and Ricker nays. MOTION was made by Councilmember Ricker, RESOLUTION 90-354 seconded by Councilmember Helliwell, to adopt APPOINTMENTS TO RESOLUTION NO. 90-354 APPOINTMENTS TO WETLANDS TASK WETLANDS TASK FORCE, appointing Paul Wirtz, FORCE Norman Gartner, Mary Peterson, Thomas ITEM 9-B Stenoien, with Cheryl Knox as alternate. Motion carried on a roll call vote, Helliwell, Zitur, and Ricker ayes; Vasiliou and Bergman nays. OTION was made by Councilmember Zitur, Articles for se onded by Mayor Bergman, to direct staff to Plymouth News inc de an article in Plymouth News on Plymo h's form of city government and history: Motion carried, five ayes. MOTION was m e by Councilmember Zitur, seconded by Cou ilmember Ricker, to direct staff to include a article in Plymouth News on all major road co truction. Motion carried, five ayes MOTION was made by Cou ilmember Zitur, seconded by Councilmember Ri er, to direct staff to include an article in Plymouth News on the Neighborhood Watch progr Motion carried, five ayes. Letters to MOTION was made by Councilmember R ker, D.A.R.E. seconded by Councilmember Vasiliou, to di ect Graduates staff to send a letter to each graduate f the D.A.R.E. Program congratulating them i an effort to gain parent involvement. Motion carried, five ayes. HOLMES & GRAVEN CHARTERED Attorneys at Law 070 Pillsbury Center, Minneapolis. Minnesota 55002 ROBERT A. ALSOP 612) 337-9300 DAVID J. KENNED\ PAIL D. BAERTSCHI Facsimile (612) 337.9310 JOHN R. LARSON RONALD H. BATT) WELLINGTON H. LAN MAR% J. BRE.\DEN JC LIE A. LAWLER STEPHEN J. BCBt. 1. CHARLES L. LEFE- ERE ROBERT C. CARLSON JOHN M. LEFEY RE. JR. CHRISTINE M. CHALE ROBERT J. LIN DALL ROBERT L. DAVIDSON WRITER'S DIRECT DIAL LAURA K. MOLLET JOHN B. DEAN DANIEL R. NELSON ROBERT J. DEI KE BARBARA L. PORTWOOD MARY G. DOBBINS JEFFREY ENG MARY FRANCES SKALA STEFANIE N. GALEV 337-9209 JAMES M. STROMMEN DAVID L. GRA% EN STEVEN M. TALLEN CORRINE A. HEINE JAMES J. THOMSON, JR. JOHN G. HOESCHLER July 20, 1990 LARRY M. W ERTHEIM JAMES S. HOLMES BONNIE L. WILKINS l i F 4 ii !! i f f+ ft 0tl° - - ..... Lam.. Ms. Maria Vasilicu, Chair Wetlands Task Force iu City of Plymouth 3400 Plymouth Boulevard C ,{ Plymouth, MN 55447 1 N COh iilL Cdi?Y Ce tLC?a t T DEFT. Dear Maria: You have asked me to provide a brief overview for the Wetlands Task Force of the City's legal authority pertaining to the regulation of wetlands. The following is a brief summary of the applicable law pertaining to this area. GENERAL CITY AUTHORITY A municipality possesses no inherent powers and has only those powers that are expressly conferred by statute or are implied as necessary in aid of those expressed powers. If the activity that is contemplated to be regulated is one peculiarly subject to local regulations, then the implied powers principle is construed liberally. If a matter presents a statewide problem, the implied powers principle is narrowly construed unless the legislature has provided otherwise. State law does not contain an expressed provision authorizing municipalities to regulate wetlands. State law does contain some specific authorization pertaining to wetlands, such as authorizing local units of government to restrict public access to wetlands from city, county, or township roads that abut wetlands. Statutory cities, such as Plymouth, have the power to provide for the government and good order of the city and to adopt regulations for the protection of public and private property. That authority includes the authority to adopt regulations to promote the health, safety, and general welfare. In addition to the general powers conferred upon statutory cities, the State Land Planning Act authorizes municipalities to adopt subdivision regulations addressing matters such as the protection and Ms. Maria Vasiliou, Chair July 20, 1990 Page 2 conservation of floodplains, shorelands, vegetation, and geologic and ecologic features. In Welsh v. City of Orono, 355 N.W.2d 117 (Minn. 1984), the Minnesota Supreme Court addressed the issue of whether a municipality had authority to regulate dredging in public waters. In that case, the City of Orono adopted an ordinance requiring a property owner to obtain a conditional use permit before dredging the lake bed of Lake Minnetonka. The applicant obtained a permit for the d1redgir.g from the DNR, but the City denied the application for a conditional use permit. The court concluded that there was no implied authority for the City to adopt such a permitting requirement. The primary basis for the court's ruling was that dredging the lake bed of a navigable lake encompassing several different municipal jurisdictions was not a matter of peculiarly local concern. Whether an activity presents a regulatory problem that is peculiarly subject to local regulation depends upon both the nature of the activity and the customary area of its performance. Regulation of wetlands pertains primarily to land use matters and oftentimes involves issues associated with either the development or redevelopment of property. Such issues have typically been determined to be matters of local concern. Although there is no Minnesota Appellate Court decision addressing the issue of whether a municipality has the authority to regulate wetlands, court decisions in other states have concluded that municipalities have that authority. The primary basis for those rulings is that a city has that authority under its general police power regulations. In my opinion, the City has the authority to regulate wetlands. EFFECT OF STATE REGULATIONS The State has adopted a comprehensive set of regulations pertaining to wetlands. These regulations are contained in Chapter 105 of the Minnesota Statutes and in Chapter 6115 of the Minnesota Rules. The definition of wetlands for purposes of State regulation is: Wetlands" includes, and shall be limited to, all types 3, 4, and 5 wetlands, as defined in United States Fish and Wildlife Service Circular No. 39 (1971 edition), not included within the definition of public waters, Ms. Maria Vasiliou, Chair July 20, 1990 Page 3 which are ten or more acres in size in unincorporated areas or 2-1/2 or more acres in incorporated areas. You will note from this definition that in a city such as Plymouth, the State only regulates certain types of wetlands 2-1/2 acres or more in size. (I am enclosing a copy of an excerpt from the circular referred to in the definition.) There is nothing in the State statute or rules that restricts municipalities or other units of government from regulating wetlands, including those already regulated by the State. I have discussed this matter with the attorneys in the Attorney General's office who advise the DNR, and they agree that cities can regulate in the areas where the State also regulates. In my opinion, the City has the authority to regulate wetlands that are also subject to DNR regulations. However, if the Task Force ultimately believes that such regulation is appropriate, the City might want to consider the possibility of obtaining a formal Attorney General's opinion on this issue. EFFECT OF FEDERAL REGULATIONS In addition to the DNR regulations, there is a comprehensive set of Federal regulations affecting wetlands. Similar to the State regulations, the Federal regulations do not preclude local regulations. CONSTITUTIONAL ISSUES The major constitutional issue that pertains to the regulation of wetlands is the "taking without just compensation" clauses of the Federal and State constitutions. Court decisions throughout the country have addressed the issue of whether a particular regulation prevents the use of a person's property to the extent that the unit of government must pay the property owner just compensation. Normally, these issues arise when the regulations are applied to a particular piece of property. If the City chooses to adopt a set of regulations pertaining to wetlands, the constitutional issue should be considered both when the regulations are adopted and when they are applied to a particular piece of property. The City staff has compiled ordinances from other cities that have regulated wetlands in one way or another. Typically, these ordinances adopt a permitting process of some type. Specific issues relating to the "taking" Ms. Maria Vasiliou, Chair July 20, 1990 Page 4 question are normally addressed at the time that the City reviews a particular permit application. I hope that this summary is helpful. I will be present at the July 23 meeting to answer any questions. Sincerely, i 1 Jame Thomson JJT/amm PL100-32CD cc: Task Force Members James Willis Fred Moore Blair Tremere MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: January 30, 1991 For City Council Meeting of February 4, 1991. TO: James G. Willis, City Manager r FROM: Community Development Director Blair Tremere SUBJECT: WETLAND TASK FORCE REPORT ACTION REQUESTED: Accept the report of the Wetland Task Force and determine what additional information or input is desired. BACKGROUND: The City Council completed the appointment of the ad hoc Task Force on wetland regulation at the June 4, 1990 meeting. The Council determined that it was appropriate to have a Task Force to develop recommendations for the Council's review and consideration dealing with the issue of wetlands and their protection and preservation in an urbanizing community. The Task Force was to consider the topic of wetlands and prepare for the City Council's consideration recommendations which the Task Force deemed to be relevant for the community sensitivity to the issue. Council member Vasilou chaired the Task Force which met six times and which designated a subcommittee to review several particular issues; the subcommittee met two additional times. The Task Force included a field trip around the City directed by a representative of the Department of Natural Resources. The Task Force met last on November 27, 1990 at which time extensive deliberation resulted in the attached report. PRIMARY ISSUES AND ANALYSIS: The Task Force concluded that the need is not so much for new regulations as it is for additional and improved public information about the subject. see next page) Page Two Wetland Task Force Report 4 Several of the recommendations involve procedures to be followed in the review of development plans. Some of the recommendations may involve costs that should be evaluated in determining the value of the proposal or at least the timing. A key finding was that the City already plays a significant regulatory role even though the actual standards are often those promulgated by State and Federal agencies. One of the work products generated by the Task Force through its subcommittee is a series of matrix charts that show the relevant jurisdiction by the various agencies. The Task Force at its last meeting found that there was concern by some members that there should be consideration of wetlands not now regulated. The majority concluded that the local involvement should be focused on those classes that are currently regulated, although the public information can indicate that there are additional classes of wetland. A key item of discussion was how the City would guarantee the permanent preservation/protection of wetlands not included with storm water drainage systems or public facilities. Specifically, the questions that need to be addressed are who will pay and how? The Task Force has suggested that the Park and Recreation Advisory Commission review the park dedication policy which, to -date, has dealt with non -wetland property. There are several intended issues that the Council will need to address, such as how much inventory of wetlands does the City wish to own and maintain in the same context the City owns and maintains parks and open space for active use. Another public policy issue that will eventually need to be addressed is whether the City should invoke particular constraints on City Public Works projects that involve wetlands (areas that are both regulated and unregulated). CONCLUSIONS AND RECOMMENDATIONS: The Task Force was an ad hoc committee which has completed its mission. The conclusions reflected in the report evolved after several months of deliberation and research. The City Council direction and the Task Force effort represent a high level of community sensitivity which, according to a Department of Natural Resources representative, was notable among developing suburbs. Plymouth was lauded for its efforts to -date and its sensitivity to this issue. The City Council should review each of the recommendations carefully and determine the next course of action relative to each. We can then respond by indicating the efforts and costs required to accomplish those objectives; some can be achieved internally using staff resources whereas other probably will require expertise of consultants. see next page) r] Page Three Wetland Task Force Report It appears that further deliberative work and advice can be obtained from existing advisory groups, namely, the Park and Recreation Advisory Commission and the Planning Advisory Commission. Further public input can be obtained through hearings as the Council may direct. I recommend that the Council accept the report of the Wetlands Task Force. ATTACHMENTS: 1. Report of Wetland Task Force 2. Background Information and Summary Notes cc/wetlands.2-4:jw) MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: January, 1991 TO: Mayor and Plymouth City Council Members FROM: Maria Vasiliou, Chair, Wetlands Task Force SUBJECT: REPORT ON FINDINGS AND RECOMMENDATIONS The City Council appointed this Ad Hoc Task Force last spring and the Task Force, consisting of 15 members, met in formal session six times. A subcommittee appointed by the Task Force met twice and the Task Force conducted a field trip last fall in conjunction with one of the meetings. The Task Force pursued its mission from the City Council to provide advice, perhaps in the form of a draft Wetland Ordinance, as to what would be relevant for Plymouth and would be state-of-the-art. The Council sought recommendations for review and consideration as to the issue of wetlands and their protection and preservation in our urbanizing community. The Task Force membership included developers, advisory commission members, citizens, City staff members, and Councilmembers. The Task Force considered a substantial amount of published and verbal information. We heard from the City Attorney, representatives from state, federal and special agencies, and from citizens some of whom represented special interest groups. We toured the City and examined each of the wetland types as explained by Public Works Director Fred Moore and Department of Natural Resources Hydrologist John Stine. The Task Force extensively deliberated draft findings at its last meeting on November 27, 1990 and the final report is reflected below. Task Force members were invited to provide responses to the report and one was received and is attached. The work of the Task Force is completed and the City Council now can determine what is the appropriate direction. It is clear that more and improved information can be provided to enhance the established regulatory process; whether the City should regulate more extensively is one of the policy questions the Council will need to determine. 1. The City of Plymouth's a desirable asset for public interest in the this goal accordingly. Wetlands Preservation Comprehensive Plan cites Wetlands Preservation as the residents of Plymouth. Because of increased preservation of wetlands it is necessary to update It is desirous to preserve and maintain specified wetlands since they constitute important physical, aesthetic, recreational and economic assets of existing and future residents of the City of Plymouth, and the purpose of appropriate regulations such as a wetlands overlay district would be: To provide for the protection, preservation, proper maintenance, and use of specified wetlands to minimize the disturbance to them and to prevent damage from excessive sedimentation, eutrophication or pollution, to prevent loss of fish and other aquatic organisms, wildlife and vegetation and the habitats of the same; to provide for the protection of the City's fresh water supplies from the dangers of drought, overdraft, pollution or mismanagement; to secure safety from floods; to reduce the financial burdens imposed upon the community through rescue and relief efforts occasioned by the occupancy or use of areas subject to periodic flooding; to prevent loss of life, property damage and losses and the risks associated with flood conditions; and to preserve the location, character and extent of natural drainage courses. 2. The City of Plymouth should produce a suitable map of wetlands in the City based upon the map and information from the U.S. Fish and Wildlife Service. By doing this, all parties (City, Private and Regulatory) concerned with development can be made aware of the existence of wetlands, on a given property. The map should include a disclaimer and explanatory statement that the map reflects general information and does not reflect size or type which is data that is available from other City sources and from other agencies. The disclaimer and explanatory language should be reviewed and approved by the City Attorney. 3. The City of Plymouth's ordinances pertaining to preliminary plat, site plan and grading permits should be revised to require an applicant to indicate on his plan for informational purposes: a. Types 3-8 wetlands greater than 5,000 square feet in area. b. The type of wetland shall be identified. 4. Appropriate standards should be adopted relative to the review process for development wherein the Planning Commission is directed to determine whether the applicant is promoting the preservation of identified existing wetlands within the development boundaries. 5. The City of Plymouth's Park Dedication Policy provides a means by which the City can offer an economic incentive for the protection of wetlands. The City's Park and Recreation Advisory Committee should therefore be requested to evaluate the following questions: A. Should the City accept wetland areas towards the park dedication requirements, if they can be combined with an overall park or trail system? B. Realizing that larger size wetlands are typically protected, what minimum size wetland would be accepted? C. What types of wetlands would be desirable in a park system? D. What should be the maximum credit for wetlands against park dedication requirement? E. If wetlands are accepted towards park dedication requirements, what will be the affect on current park improvement plans? Funding levels? Is this acceptable? 6. The Wetland Regulator Jurisdiction Matrix should have footnotes and commentary added to better educate the public and City staff. 7. The City should implement a public "education" program to inform the public of the types of wetlands and the current regulations. This could be done via articles in the Plymouth Newsletter and the use of available media and staff resources. 8. A program and schedule of the maintenance and upkeep of City controlled easements and ownership) wetlands in developed areas should be established. 9. The City should develop a regulation that all required mitigation for encroachment into wetland areas should be first relative to the impacted wetland area and then as an alternative within the City of Plymouth. Attachment pl/bt/gart.1-15:jw) January 21, 1991 Mr. Blair Tremere City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Blair, LOG HOUSE FOODS, INC. 700 BERKSHIRE LANE PLYMOUTH, MN 55441 612) 546-8395 FAX (612) 546-7339 JAN 22 1991 CITY OF PLYMOUTH COMMON& DEVELOPMENT DEPT. As requested, here are my written comments on the Draft Report to the City Council from the Wetlands Task Force. My initial comment is that we still have not quantifiably stated where something is wrong. We have now added language (as in #4) to put in the hands of the Planning Commission a subjective decision as to whether the developer is promoting the preservation of wetlands. As far as the Draft as proposed is concerned, I would like to see something in our purpose statement that we still support development. Maybe at the end of the paragraph we could add ... "while still being sensitive to and supporting ordinance approved development." Item #6 - The word education should be changed to educate. Thank you for the time and effort you put into this project. Would you also copy Dick Plufka on this for me. Sincerely, Mik Stulbe President LOG HOUSE FOODS, INC. MS/rs MINUTES SPECIAL COUNCIL MEETING JANUARY 28, 1991 The special meeting of the Plymouth City Council was called to order by Mayor Bergman at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on January 28, 1991. PRESENT: Mayor Bergman, Councilmembers Helliwell, Ricker, Vasiliou ABSENT: Councilmember Zitur STAFF PRESENT: City Manager Willis, Assistant Manager Boyles, Community Development Director Tremere, Public Works Director Moore, Finance Director Hahn, Park and Recreation Director Blank, City Attorney Thomson, and City Clerk Rauenhorst PRESENTATION V Mayor Bergman presented a plaque of appreciation Plaque to Barbara to Barbara Edwards who recently retired after Edwards - PRAC serving nearly 23 years on the Plymouth Park and Item 4-A Recreation Advisory Commission. CONSENT AGENDA The following items were removed from the Consent Agenda: 8-B, 8-D, 8-K-2, 8-M, 8-X. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to approve the Consent Agenda as amended. Motion carried on a roll call vote, four ayes. MINUTES MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to approve the January 7, 1991, Council minutes. Motion carried on a roll call vote, four ayes. Consent Agenda Item 5-A Minutes Item *6 Special Council Meeting January 28, 1991 Page 20 s PUBLIC HEARINGS Mayor Bergman opened a public hearing at 7:12 p.m. on Assessments for 1990 Weed Eradication and Destruction, Roll 2. No one appeared and the hearing was closed at 7:12 p.m. MOTION was made by Councilmember Vasiliou, RESOLUTION 91-54 seconded by Mayor Bergman, to adopt RESOLUTION ADOPTING NO. 91-54 ADOPTING ASSESSMENT, 1990 WEED ASSESSMENTS, 1990 ERADICATION AND DESTRUCTION, ROLL 2. WEED ERADICATION ROLL 2 Motion carried on a roll call vote, four ayes. Item 7-A Mayor Bergman opened a public hearing at 7:13 Public Hearing - p.m. on a proposed recycling collection service Recycling Fee ordinance which would establish a fee for Item 7-B recycling collection services. Public Works Director Moore explained the history of the City's recycling program and the various County mandates that attempt to reduce reliance on landfills. Hennepin County cities are mandated to either provide recycling or participate in a County program. Last year cities were mandated to comply with new yard waste disposal requirements. In 1991, cities are required to establish recycling for multiple family units. He stated that the frequency of pick up started at once per month, was adjusted to twice per month, and is now weekly. In 1990 the City/County funding of the solid waste program was 20/80 percent. In 1991, it is anticipated that the City will quality for only 70 percent County funding of the program cost. Director Moore stated that the total cost of the 1991 Plymouth Solid Waste Program including recycling and yard waste is estimated at 420,700. Assuming 70 percent County funding, the estimated cost to the City is $174,610. This cost divided by the number of households in the City is about $1 per month -- the amount of the proposed fee. He supplied results of a survey from comparable cities which indicate that fees range from $1.25 Special Council Meeting January 28, 1991 Page 21 per quarter to $2.45 per month. The City received five phone calls and seven letters from residents relative to the proposed fee. The following comments were received: Residents who recycle should be exempt from the fee. The That's Not Trash, It's Cash" Program should be discontinued or restructured. The recycling bins are too small. Recycling pick up is too often. The City should get out of the recycling business. The Council discussed the frequency of pick up. Project Coordinator Pouliot stated that the frequency of pick up has a direct relationship to the amount recycled. When the City went from biweekly to weekly pick up, the collection increased from 80 to 300 tons per month. Philip Wencl, 3900 Glacier Place, stated the proposed fee is not a good idea. He stated the Council should only implement the fee if it will stimulate more recycling. Cliff Bigley, 10610 39th Avenue North, stated he is opposed to the proposed fee and considers it just another tax increase." He is opposed to any fees in addition to the basic property tax. Eydie Kargas, Plymouth -Wayzata League of Women Voters, stated that recycling participation needs to be increased and the volume and types of materials should be expanded. She stated the proposed $1 per month fee is small in comparison to the cost of adding a landfill. In response to a question from Philip Wencl, Coordinator Pouliot explained the current procedures for paper recycling. No one else appeared for the hearing, and it was closed at 7:30 p.m. Councilmember Vasiliou asked if participation in the weekly recycling program is declining. Coordinator Pouliot stated it is his opinion that participation is not declining. The volumes of recyclables collected each month are comparable to volumes last year. Special Council Meeting January 28, 1991 Page 22 Councilmember Vasiliou asked staff to respond to resident suggestions that pick up be less frequent than once a week and that the cash incentive program be eliminated. She also asked about the proposed duties of the Recycling Coordinator position which is budgeted for 1991. Coordinator Pouliot stated a greater volume is collected on a weekly pick up, rather than on a less frequent basis, and this financially benefits the City. The City is charged based on the total number of households available to participate in the program. Director Moore stated that it is anticipated the Recycling Coordinator will spend a considerable amount of time implementing the mandated recycling programs for apartment complexes. In addition, the Coordinator would be continuing the existing recycling program and yard waste program. He stated it is likely that mandated recycling will extend to businesses in future years. Councilmember Ricker noted that the $1 per month fee is proposed to be charged on the monthly utility bill. He asked how residents will be charged if they don't currently receive a utility bill. Manager Willis stated it would still be billed through a utility bill, but only mailed once or twice a year. Attorney Thomson confirmed that the language in the proposed ordinance provides latitude for this type of billing procedure. Mayor Bergman stated that he believes itemizing this fee on the utility bill is more accountable than including the funds in the budget and funding the program through property tax dollars. Residents will be better able to track changes in the fees and costs of the program. Coordinator Pouliot stated there are alternative ways of funding, such as through a per household fee charged to refuse haulers, but the resident ultimately pays the cost whichever method is chosen. Special Council Meeting January 28, 1991 Page 23 MOTION was made by Mayor Bergman, seconded by Councilmember Vasiliou, to adopt ORDINANCE NO. 91-3 AN ORDINANCE RELATING TO RECYCLING COLLECTION SERVICES; AMENDING SECTION 600 OF THE PLYMOUTH CITY CODE. Motion carried on a roll call vote, four ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-55 ESTABLISHING RECYCLING COLLECTION FEES ($1 per dwelling unit per month). Motion carried on a roll call vote, four ayes. Councilmember Vasiliou stated she is willing to try this fee for a year, but wants to evaluate it during the 1992 budget considerations. Mayor Bergman opened a public hearing at 7:57 p.m. on vacation of a portion of a roadway easement (Vicksburg Lane) within Parcel 17-118- 22-13-0001. No one appeared for the hearing, and it was closed at 7:57 p.m. ORDINANCE 91-3 RECYCLING COLLECTION SERVICES Item 7-B RESOLUTION 91-55 ESTABLISHING RECYCLING COLLECTION FEE Item 7-B MOTION was made by Councilmember Vasiliou, RESOLUTION 91-56 seconded by Councilmember Ricker, to adopt VACATION OF A RESOLUTION NO. 91-56 AUTHORIZING THE VACATION OF PORTION OF A PORTION OF A ROADWAY EASEMENT (VICKSBURG LANE) VICKSBURG LANE DOCUMENT NO. 4629877. Item 7-C Motion carried on a roll call vote, four ayes. Community Development Tremere stated that the Planning Commission, on a vote of 5-2, recommended denial of the request of Ryan Construction Company for a Mixed Planning Unit Development Plan and Conditional Use Permit Amendment. The request would increase the allowable area for wall signage at Waterford Park Plaza from the ordinance standard of 5 percent to 10 percent of the wall to which the sign would be attached. He stated that the January 21, 1991, letter from Ryan Construction Company, received subsequent to the Planning Commission meeting, indicates the petitioner would be willing to limit signage to certain walls. Ryan Const. Co. MPUD Plan and CUP Amendment to Increase Wall Signage at Waterford Park Plaza (90078) Item 8-A Special Council Meeting January 28, 1991 Page 24 Vincent Driessen, Ryan Construction Company, stated this request is being made on behalf of the Plaza's smaller tenants. The current signage is not adequate to attract customers from the Rainbow store parking lot. He showed Councilmembers pictures of the existing signage, as well as similar signage in another community where a 10 percent standard is used. Mr. Driessen stated the petitioner is willing to restrict signage to three of the eight walls if the allowable area is increased to 10 percent. Mayor Bergman asked if this signage issue has recently been studied by the City. Director Tremere responded that the most recent study involved real estate and temporary signs; this specific issue has not been studied. He explained that the Sign Ordinance shopping center wall sign standards do not differ between Planned Unit Developments and conventional developments. Councilmember Ricker stated that the Planning Commission recommendation of denial was made without the benefit of the Ryan letter. He suggested that the request and the letter should be submitted to the Planning Commission for review. The Mayor stated that before the Planning Commission reconsiders the item, staff should research similar standards in comparable communities. MOTION was made by Councilmember Ricker, seconded Refer to Planning by Mayor Bergman, to refer the Ryan Construction Commission - Company request (90078) to the Planning (90078) Commission, along with the Ryan letter dated Item 8-A January 21, 1991. Staff is also to provide the Planning Commission with research on similar standards used in comparable communities. Motion carried, four ayes. The Council considered the request of Builders Builders Dev. Inc. Development Inc./James Development Company for James Dev. Co. rezoning a 30.9 acre tract from FRD to R-lA and a (90095) 47 lot Preliminary Plat with Variances for cul- Item 8-B de -sac length and rear lot width (90095). Special Council Meeting January 28, 1991 Page 25 Councilmember Helliwell asked if the code cul-de- sac length standard is solely a function of fire safety issues and the ability of a fire truck to turn around. Director Moore stated that hydrant spacing usually addresses this issue. There is also a traffic planning issue as to how many homes should be in an area with one access point. He responded to a question by Councilmember Helliwell, that there have been variances from the maximum cul-de-sac length standard in the City where it has been shown variance is needed to protect natural features including wetlands. In this development numerous wetlands could be impacted depending on cul-de-sac construction. Councilmember Helliwell asked whether the narrow point at the rear of two of the proposed lots could result in the inability of the developer to sell the lots. She cited problems in another development where such lots were difficult to sell. Rick Murray, Builders Development Inc., stated that the two lots could be redesigned but, because the two lots are larger in square footage, the developers don't anticipate a problem in selling them. He also responded to a question by Mayor Bergman that no common area is proposed in the development. He stated that a berm is proposed along Highway 101 to shelter the rear yards of the lots from the heavier traffic. Mayor Bergman suggested that the developer consider natural ground cover for at least the back side of the berm area if it will be difficult for the homeowners to maintain. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91-57 APPROVING PRELIMINARY PLAT AND VARIANCE FOR BUILDERS DEVELOPMENT, INC./JAMES DEVELOPMENT COMPANY (90095). Motion carried on a roll call vote, four ayes. RESOLUTION 91-57 PREL. PLAT AND VARIANCE FOR BUILDERS DEV. INC. 90095) Item 8-B Special Council Meeting January 28, 1991 Page 26 MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt ORDINANCE NO. 91-4 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED WEST OF COUNTY ROAD 101, APPROXIMATELY ONE-QUARTER MILE NORTH OF COUNTY ROAD 24 AS R-lA (LOW DENSITY SINGLE FAMILY RESIDENTIAL) DISTRICT. Motion carried on a roll call vote, four ayes. ORDINANCE 91-4 REZONING LAND FROM FRD TO R -1A FOR BUILDERS DEV. INC. 90095) Item 8-B MOTION was made by Councilmember Helliwell, RESOLUTION 91-58 seconded by Councilmember Vasiliou, to adopt SETTING CONDITIONS RESOLUTION NO. 91-58 SETTING CONDITIONS TO BE MET TO BE MET PRIOR TO PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND PUBLICATION FOR BUILDERS DEVELOPMENT, INC. /JAMES DEVELOPMENT (90095) 90095). Item 8-B Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-59 APPROVING LOT CONSOLIDATION FOR EDWARD AND CHARLENE BUBLITZ (91001). Motion carried on a roll call vote, four ayes. Councilmember Helliwell noted that the requests of Darrel and Chris Gonyea include a variance from the maximum cul-de-sac length. The requested length of 1,161 feet would far exceed the Ordinance standard of 500 feet. Director Moore described the area and stated that this request would result in a cul-de-sac until the street connection to West Medicine Lake Drive is completed. It is a temporary situation until the adjacent property is developed. Councilmember Helliwell asked if there will be any encroachment on the wetlands. Director Moore stated that the Engineer's Memo provides that if the street cannot be constructed without encroachment into the wetland, the street must be moved easterly to eliminate any encroachment. This may result in redesign of the Preliminary Plat. RESOLUTION 91-59 APPROVING LOT CONSOLIDATION FOR BUBLITZ (91001) Item *8-C Special Council Meeting January 28, 1991 Page 27 MOTION was made by Councilmember Vasiliou, RESOLUTION 91-60 seconded by Councilmember Helliwell, to adopt APPROVING PREL. RESOLUTION NO. 91-60 APPROVING PRELIMINARY PLAT PLAT AND VARIANCES AND VARIANCES FOR DARREL AND CHRIS GONYEA FOR FOR GONYEA (90105) CURTIS LAKE" LOCATED AT THE WEST SIDE OF WEST Item 8-D MEDICINE LAKE ROAD (90105). Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Vasiliou, ORDINANCE 91-5 seconded by Councilmember Helliwell, to adopt REZONING PROPERTY ORDINANCE NO. 91-5 AMENDING THE ZONING ORDINANCE FOR GONYEA (90105) TO CLASSIFY CERTAIN LANDS LOCATED AT THE WEST Item 8-D SIDE OF WEST MEDICINE LAKE ROAD AT 45TH AVENUE NORTH AS R-2 (LOW DENSITY MULTIPLE RESIDENCE). Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-61 SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND FOR DARREL AND CHRIS GONYEA FOR "CURTIS LAKE" LOCATED AT THE WEST SIDE OF WEST MEDICINE LAKE ROAD AT 45TH AVENUE NORTH FROM FRD (FUTURE RESTRICTED DEVELOPMENT) DISTRICT TO R-2 (LOW DENSITY MULTIPLE RESIDENCE) DISTRICT (90105). Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-62 APPROVING CONDITIONAL USE PERMIT FOR INDEPENDENT SCHOOL DISTRICT $284 90106) . Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-63 APPROVING CONDITIONAL USE PERMIT FOR RAY WEDIN AT 16831 12TH AVENUE NORTH 90108) . Motion carried on a roll call vote, four ayes. RESOLUTION 91-6.1_ SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION 90105) Item 8-D RESOLUTION 91-62 APPROVING CUP FOR I.S.D. 284 (90106) Item *8-E RESOLUTION 91-63 APPROVING CUP FOR RAY WEDIN AT 16831 12TH AVE. N. 90108) Item *8-F Special Council Meeting January 28, 1991 Page 28 MOTION was made by Councilmember Vasiliou, RESOLUTION 91-64 seconded by Councilmember Helliwell, to adopt AUTHORIZING RESOLUTION NO. 91-64 AUTHORIZING REDUCTION OF REDUCTION OF SITE SITE PERFORMANCE GUARANTEE FOR MIDWEST BRICK PERFORMANCE 87064). GUARANTEE FOR MIDWEST BRICK Motion carried on a roll call vote, four ayes. (87064) Item *8-G MOTION was made by Councilmember Vasiliou, RESOLUTION 91-65 seconded by Councilmember Helliwell, to adopt ADOPTING RESOLUTION NO. 91-65 ADOPTING ASSESSMENTS, ASSESSMENTS, PROJECT NO. 705, SCHMIDT LAKE ROAD STREET AND PROJECT NO. 705 STORM SEWER. SCHMIDT LAKE ROAD STREET AND STORM Motion carried on a roll call vote, three ayes, SEWER Helliwell nay. Item *8-H MOTION was made by Councilmember Ricker, seconded RESOLUTION 91-66 by Councilmember Vasiliou, to adopt RESOLUTION AWARDING BID - NO. 91-66 AWARDING BID, NORTHWEST TRUNK SEWER - NORTHWEST TRUNK PHASE I, CITY PROJECT NO. 014. SEWER - PHASE I PROJECT NO. 014 Motion carried on a roll call vote, four ayes. Item 8-I Councilmember Vasiliou asked why staff is recommending that final payments be made on Project Numbers 906 and 908 when there are punch list items still remaining on both projects. Dan Egerton, Consulting Engineer, stated that the punch list items are minor and the City has received a letter from the contractor indicating that these items will be corrected at no cost to the City. MOTION was made by Councilmember Vasiliou, RESOLUTION 91-67 seconded by Councilmember Helliwell, to adopt PAYMENT NO. 4 AND RESOLUTION NO. 91-67 REQUEST FOR PAYMENT NO. 4 FINAL, PROJECT NO. AND FINAL, COUNTY ROAD 101 TRUNK WATERMAIN 906 IMPROVEMENTS, CITY PROJECT NO. 906. Item 8-J-1 Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Vasiliou, RESOLUTION 91-68 seconded by Councilmember Helliwell, to adopt PAYMENT NO. 4 AND RESOLUTION NO. 91-68 REQUEST FOR PAYMENT NO. 4 FINAL, PROJECT NO. AND FINAL, 25TH AVENUE TRUNK WATERMAIN 908 IMPROVEMENTS, CITY PROJECT NO. 908. Item 8-J-2 Special Council Meeting January 28, 1991 Page 29 Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Vasiliou, RESOLUTION 91-69 seconded by Councilmember Helliwell, to adopt PAYMENT NO. 3, RESOLUTION NO. 91-69 REQUEST FOR PAYMENT NO. 3, PROJECT NO. 012 COUNTY ROAD 9/COUNTY ROAD 101 TRUNK WATERMAIN, Item *8-K-1 CITY PROJECT NO. 012. Motion carried on a roll call vote, four ayes. Councilmember Vasiliou stated that at a recent Town Meeting, residents complained that the final punch list items on the Street Reconstruction Project were not satisfactorily completed. Director Moore stated that staff is proposing that two percent of the contract amount be retained until those items are completed. MOTION was made by Councilmember Vasiliou, RESOLUTION 91-70 seconded by Mayor Bergman, to adopt RESOLUTION PAYMENT NO. 10 NO. 91-70 REQUEST FOR PAYMENT NO. 10, 1990 STREET PROJECT NO. 001 RECONSTRUCTION, CITY PROJECT NO. 001. Item 8-K-2 Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-71 APPROVING CHANGE ORDER NO. 2, PRODUCTION WELL NO. 13, CITY PROJECT NO. 013. Motion carried on a roll call vote, four ayes. Councilmember Vasiliou asked why the City is paying 100 percent of the additional funds for the Supplemental Agreement on the County Road 6 construction, Project No. 829. Director Moore stated that increases to the project cost are evaluated based on whether the City or County was originally responsible for similar items in the contract. One item increased by this agreement is watermain, for which the City pays 100 percent of the cost. On the retaining wall item, the County pays the cost for the concrete wall and the City pays for the field stone facing. RESOLUTION 91-71 CHANGE ORDER NO. 2, WELL NO. 13, PROJECT NO. 013 Item *8-L Special Council Meeting January 28, 1991 Page 30 MOTION was made by Councilmember Vasiliou, RESOLUTION 91-72 seconded by Councilmember Ricker, to adopt REVISING RESOLUTION NO. 91-72 REVISING CONSTRUCTION CONSTRUCTION COOPERATIVE AGREEMENT, COUNTY ROAD 6, COUNTY AGREEMENT, PROJECT PROJECT NO. 8642, FERNBROOK LANE TO COUNTY ROAD NO. 829 101, CITY PROJECT NO. 829. Item 8-M Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Vasiliou, RESOLUTION 91-73 seconded by Councilmember Helliwell, to adopt APPROVING PLANS RESOLUTION NO. 91-73 APPROVING PLANS AND AND SPECIFICATIONS SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR FOR PAINTING BIDS, CLEANING, REPAIRING, AND PAINTING ZACHARY ZACHARY LANE WATER LANE WATER TOWER. TOWER Item *8-N Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Vasiliou, RESOLUTION 91-74 seconded by Councilmember Helliwell, to adopt ACCEPTING PETITION RESOLUTION NO. 91-74 DECLARING ADEQUACY OF AND ORDERING PETITION AND ORDERING PREPARATION OF REPORT, REPORT, PROJECT PLYMOUTH BUSINESS CENTER 5TH ADDITION, STREET AND NO. 715 UTILITY IMPROVEMENTS, CITY PROJECT NO. 715. Item *8-0 Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-75 REDUCING DEVELOPMENT BOND, LAKE CAMELOT ESTATES 3RD ADDITION (89044). Motion carried on a roll call vote, four ayes. In response to a question from Councilmember Vasiliou, Attorney Thomson stated that when the City started retaining an increased number of engineering consultants, he had suggested that a uniform agreement be established. The Council had directed that this be accomplished. He presented the draft agreement and asked for Council input. Director Moore stated the draft agreement will be submitted to the six consulting engineering firms currently under contract with the City for comment. After receipt of comments, the agreement will be finalized for approval by the City Council. RESOLUTION 91-75 REDUCING DEVELOPMENT BOND, LAKE CAMELOT ESTATES 3RD ADDN. 89044) Item *8-P Uniform Engineering Agreement Item 8-Q Special Council Meeting January 28, 1991 Page 31 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-76 APPROVING ON -SAFE AND SUNDAY INTOXICATING LIQUOR LICENSES WITH CONDITIONS FOR THE PERIOD FEBRUARY 1, 1991 TO JANUARY 31, 1992. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-77 APPROVING OFF -SALE INTOXICATING LIQUOR LICENSE FOR THE PERIOD FEBRUARY 1, 1991 TO JANUARY 31, 1992. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-78 SETTING PUBLIC HEARING ON OFF -SALE INTOXICATING LIQUOR LICENSE APPLICATION FOR STAR LIQUORS, INC. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-79 SETTING PUBLIC HEARING ON OFF -SALE NONINTOXICATING LIQUOR LICENSE APPLICATION FOR L & S INC. Motion carried on a roll call vote, four ayes. The City Council received a letter from Innsbruck Investments, Inc., requesting that the application for off -sale nonintoxicating liquor license for Cub Foods of Plymouth, 3550 Vicksburg Lane North be withdrawn. No further action was taken by the Council. RESOLUTION 91-76 APPROVING ON -SALE AND SUNDAY LIQUOR LICENSES WITH CONDITIONS Item *8-R RESOLUTION 91-77 APPROVING OFF -SALE LIQUOR LICENSE Item *8-R RESOLUTION 91-78 SETTING PUBLIC HEARING ON OFF - SALE INTOXICATING LICENSE FOR STAR LIQUORS, INC. Item *8-S-1 RESOLUTION 91-79 SETTING HEARING ON OFF -SALE NONINTOXICATING LICENSE FOR L & S INC. Item *8-S-2 Off -Sale Nonintoxicating Application for Cub Foods Item *8-S-3 MOTION was made by Councilmember Vasiliou, RESOLUTION 91-80 seconded by Councilmember Helliwell, to adopt APPROVING 1991 RESOLUTION NO. 91-80 APPROVING 1991 CIGARETTE CIGARETTE LICENSE LICENSE APPLICATION for Cub Foods, 3550 Vicksburg FOR CUB FOODS Lane. Item *8-T Motion carried on a roll call vote, four ayes. Special Council Meeting January 28, 1991 Page 32 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-81 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING DECEMBER 31, 1990. Councilmember Vasiliou stated she has a number of questions which she is submitting to the Finance Director for response. Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Ricker, to direct the Park and Recreation Advisory Commission to make a recommendation on the need for a trail along Schmidt Lake Road between Nathan Lane and Pineview Lane; the need for a trail along future Schmidt Lake Road as it extends westerly from Pineview Lane across I-494 to Peony Lane; and the need for the proposed trail along the Soo Line Railroad right-of-way. Motion carried on a roll call vote, four ayes. Finance Director Hahn presented survey results of cemetery lot prices in other communities. He recommended the Council adopt an ordinance amendment which would increase fees for the remaining 21 lots. RESOLUTION 91-81 APPROVING DISBURSEMENTS FOR PERIOD ENDING 12-31-90 Item *8-U Striping of Trail Schmidt Lake Road Item 8-V MOTION was made by Councilmember Vasiliou, ORDINANCE 91-6 seconded by Councilmember Helliwell, to adopt AMENDING PRICES ORDINANCE NO. 91-6 RELATING TO MUNICIPAL, CEMETERY FOR CEMETERY LOTS PRICES FOR SALE OF LOTS; AMENDING PLYMOUTH CITY Item 8-X CODE, SUBSECTION 1400.03. Motion carried on a roll call vote, four ayes. Park and Recreation Director Blank presented a 1991 Facility proposed 1991 Facility Rental Policies and Fee Rental Policies Schedule. and Fee Schedule Item 8-X Councilmember Vasiliou asked why staff is not proposing that the fees be at least slightly increased. Director Blank stated that fee increases are proposed for all field rentals. The hourly rate Special Council Meeting January 28, 1991 Page 33 for field attendants billed to the associations is proposed to remain the same because the City's cost is less that the current rate charged. He anticipates that electrical costs will decrease about $5,000 in 1991 as well. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-82 APPROVING 1991 PARK FACILITY RENTAL POLICIES. Motion carried on a roll call vote, four ayes. Director Blank recommended a proposed revision of the park dedication policy which would increase the residential fee from $825 to $860 per unit, and the commercial/industrial fee from $3,300 per acre to $3,500 per acre. The Policy requires the Council to review the fees annually. He noted that the Council voted to retain the 1989 fees in 1990. He suggested this increase based on the City Assessor's estimate of the average value of undeveloped land in the City. MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-83 APPROVING SETTING PARK DEDICATION FEES FOR 1991. Motion carried on a roll call vote, three ayes; Vasiliou nay. RESOLUTION 91-82 1991 PARK FACILITY RENTAL POLICIES Item 8-X RESOLUTION 91-83 APPROVING PARK DEDICATION FEES FOR 1991 Item 8-Y MOTION was made by Councilmember Ricker, seconded RESOLUTION 91-84 by Councilmember Vasiliou, to adopt RESOLUTION APPROVING NO. 91-84 APPROVING ARCHITECTURAL SERVICES ARCHITECTURAL AGREEMENT FOR FIRE STATION NO. 2. SERVICES AGREEMENT FIRE STATION NO. 2 Motion carried on a roll call vote, four ayes. Item 8-Z MOTION was made by Councilmember Vasiliou, RESOLUTION 91-85 seconded by Councilmember Helliwell, to adopt SOUTHWEST MUTUAL RESOLUTION NO. 91-85 APPROVING THE ADDITION OF AID ASSOCIATION THE CITY OF WAYZATA AS A MEMBER OF THE SOUTHWEST ADDITION MUTUAL AID ASSOCIATION. Item *8 -AA Motion carried on a roll call vote, four ayes. Special Council Meeting January 28, 1991 Page 34 Manager Willis stated that he and the City Attorney have discussed a legal issue with respect to a petition for a special election circulated by the League of Plymouth Voters. If the requisite number of voters sign the petition and submit it to the City, a question will arise as to whether the question presented in the petition is one "on which the voters are authorized by law or charter to pass judgment," M.S. 205.10, Subd. 1). He recommended that the City Attorney request an opinion from the Attorney General on this question. In response to a question by Mayor Bergman, Attorney Thomson stated that the Attorney General would be requested to render an opinion on the issue. The City Council could then consider the opinion and make a determination on how to proceed. Mayor Bergman questioned the timing of the opinion. Attorney Thomson recommended that the opinion be requested now, in advance of the petition receipt. MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to direct that an opinion be requested from the Attorney General regarding a petition for a special election. Motion carried on a roll call vote, four ayes. Mayor Bergman stated that David Anderson, President of the League of Plymouth Voters, has asked to be placed on the February 4 agenda in order to present the petition to the Council. Manager Willis stated that Mayor Bergman asked staff to consider the name of the proposed U.S. Postal station facility, which, to date, has been identified by the Post Office as the "Medicine Lake Station". The site is south of 45th Avenue North, east of Nathan Lane, and west of Highway 169. The Council discussed various names and concluded that the name "Plymouth" should be included. Staff was directed to draft a letter to the Postmaster from the entire Council requesting Request for Attorney General's Opinion Item 8 -BB Name for Post Office Facility Item 9-A Special Council Meeting January 28, 1991 Page 35 that the Plymouth Postal stations be named Plymouth East Station" and "Plymouth West Station". Manager Willis presented the City Council with an MUNIES Update update on the MUNIES fiscal impact system. He Item 9-B asked that the Council review the updated MUNIES assumptions and results in order that the report can be forwarded to the Financial Task Force for consideration. Councilmember Vasiliou stated she would like to have a Council study session devoted to this topic, but that it should be forwarded immediately to the Financial Task Force. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to direct staff to forward the MUNIES Update and staff report dated January 24, 1991, to the Financial Task Force. Motion carried on a roll call vote, four ayes. The City Council reviewed the quarterly status Quarterly Report report on insurance claims. on Insurance Claims Item 9-C-1 Councilmember Ricker noted that there are several claims relating to car door latch damage by CSO's assisting with lockouts. MOTION was made by Councilmember Ricker, seconded Directive - Police by Councilmember Vasiliou, to direct the Public Lock Out Safety Director to provide the Council with a Procedures recommendation on lockout procedures, including number done per year and number of claims per year. Motion carried on a roll call vote, four ayes. MOTION was made by Mayor Bergman, seconded by Quarterly Status Councilmember Vasiliou, to accept the Quarterly Report on Pending Status Report on Pending Civil Litigation. Civil Litigation Item 9-C-2 Motion carried, four ayes. Special Council Meeting January 28, 1991 Page 36 MOTION was made by Councilmember Vasiliou, RESOLUTION 91-86 seconded by Councilmember Ricker, to adopt APPROVING PROJECT RESOLUTION NO. 91-86 APPROVING THE CLOSING OF CLOSE OUT REPORT PROJECTS AND TRANSFER OF REMAINING CONSTRUCTION Item 9-D FUNDS TO CORRESPONDING DEBT SERVICE FUNDS. Motion carried on a roll call vote, four ayes. Assistant City Manager Boyles presented a report on the CARE (Clean and Restore Our Environment) Program, and recommended that it be used in lieu of the "Adopt a Highway Program" which the Council has previously been requested to consider. He suggested that the Spring Cleanup Program with Homeowner Associations be integrated into the overall program as well. MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to direct staff to prepare a detailed report outlining a proposed Clean and Restore our Environment Program (CARE) and the Spring Cleanup Program for 1991. Motion carried, four ayes. Director Blank stated that the Park and Recreation Advisory Commission held a public information meeting on January 10 with regard to lighting of the Parkers Lake skating rink. Two individuals attended the meeting. One resident expressed concern that the lighting system be designed in such a way that the lights and glare do not affect her property. A second resident spoke in favor of the lights. Director Blank stated that it is too late in the season to get the lighting installed for 1991. He recommended that staff be granted additional time to address the glare issue. Mayor Bergman stated that now a cost estimate and the public sentiment is known, the source of funding for the improvement should be considered. Councilmember Ricker stated that the speed skating program is related to the D.A.R.E. Program and he feels that a portion of the cost should be charged to that fund. CARE Day/ Spring Clean Up Program Item 9-E Lighting at Parkers Lake Skating Rink Item 9-F Special Council Meeting January 28, 1991 Page 37 Frank Freels, PRAC Chairman, stated that PRAC supports the proposed lighting because it would benefit speed skaters as well as residents that use this location for ice skating. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to direct staff to continue to research this issue and report back to the Council, including a recommendation on the source of funds for the project. Motion carried, four ayes. Community Development Director Tremere presented results of research including a poll conducted of various communities with respect to exterior lighting standards and recommended that it be kept on file as a reference document. He stated that there are not new substantive standards adopted by other municipalities that could be readily adapted to Plymouth. Whatever new standards may be ultimately adopted, they should be easily interpreted and enforceable. Councilmember Ricker asked if new enforceable lighting standards could be developed for use in Plymouth. If so, could the standards apply to existing lighting situations, e.g. Len Busch Roses site? Director Tremere stated that he believes the staff and City Attorney can develop enforceable standards. The standards could be drafted to include a variety of situations in addition to the greenhouses at Len Busch Roses, Inc. Attorney Thomson stated that the Council could legally adopt standards that would apply to existing facilities. However, this may not resolve the difficulty in regulating a lighting situation like Len Busch Roses. It is difficult to regulate light in the sky as compared to regulating light spilling onto or directed at adjacent land. Councilmembers discussed their perceptions of the Len Busch lighting tour. Some felt there was a dramatic difference in the lighting at different Report on Exterior Lighting Standards in Other Cities Item 9-G Special Council Meeting January 28, 1991 Page 38 phases of the test. The screening that is in place appears to be effective, but they questioned if this will be enough. Councilmember Helliwell stated that it was difficult for her to determine the effectiveness of the screening because of the number of garage and yard lights in the area. Councilmember Ricker stated that the position of the Council with respect to exterior lighting used by schools, parks, and cities needs to be considered as well. Are public facilities expected to meet the same standards as a commercial business? What degree of light intensity is acceptable? How will the City measure the intensity of the lighting? Councilmember Vasiliou stated that issues such as hours of lighting and months of the year need to be considered when discussing public facility lighting. Perhaps the lighting can be at a more intense level, but for a shorter period of time. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Ricker, to accept the report on Exterior Lighting Standards used by other Cities, and to direct staff and the City Attorney to develop a matrix of the issues noted above regarding public and private lighting, and report to the Council for consideration. Motion carried, four ayes. Manager Willis stated the Council should Association of determine whether it wishes to continue its Metropolitan membership in the Association of Metropolitan Municipalities Municipalities for calendar year 1991. The dues Item 9-H for the City this year would be $6,333. MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to continue the AMM membership in 1991, but to evaluate the effectiveness this year for 1992 budgeting of the City's AMM, LMC, and MLC memberships. Mayor Bergman stated that he believes the Municipal Legislative Commission (MLC) membership is important. He believes it is the organization that most closely reflects Plymouth's position. Special Council Meeting January 28, 1991 Page 39 He stated that he has no objection to the AMM and work it does, but he doesn't support the membership for 1991 because of the amount of the dues. He suggested that the item be deferred until the full Council is present at a future meeting. SUBSTITUTE MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to defer this item until the full Council is present. Motion carried, four ayes. The Council reviewed the status of Council Council Directives directives. Item 9-I-1 Councilmember Vasiliou noted that several items are not contained on the directives list that she would like a report on. She asked that staff provide a status report on the City Manager software program and the Calendar software program. Assistant Manager Boyles stated a report will be presented at the next meeting. Councilmember Vasiliou asked about the status of the Sumek Report. Manager Willis stated the report is due in mid February. Councilmember Vasiliou stated that at the January 7 Executive Session, a letter was received from police officers regarding issues in arbitration. Staff was to respond to the Council. Manager Willis stated a report will be provided to the Council later this week. Manager Willis reviewed the Plymouth Council Council Goals and Goals for 1990-1991. He stated that the Council Objectives may wish to reconsider this list to determine if Item 9-I-2 additions or deletions are needed. Mayor Bergman stated that the Council has not yet scheduled a joint meeting with the Board members from School Districts 279 and 270. Staff was directed to schedule joint meetings with each district in March. MOTION was made by Councilmember Vasiliou, Project Status seconded by Councilmember Ricker, to accept the Report Capital Improvement and Project Status Reports. Item 9-I-3 Special Council Meeting January 28, 1991 Page 40 Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91-87 APPOINTMENT OF REPRESENTATIVES TO THE ELM CREEK TECHNICAL ADVISORY COMMITTEE AND THE ELM CREEK TASK FORCE, appointing Fred Moore to the Advisory Committee and Kim M. Bergman to the Task Force. Motion carried on a roll call vote, four ayes. RESOLUTION 91-87 APPOINTMENTS TO ELM CREEK TECHNICAL ADVISORY COMMITTEE AND TASK FORCE Item 9-J Manager Willis recommended that the Council Library - Site obtain an appraisal of the site selected for the Appraisal proposed Plymouth Library before retaining a land Item 9-K acquisition specialist. Councilmember Ricker stated when a specialist is selected, he would prefer the Council consider retaining an individual who specializes in acquisition, rather than a real estate sales office. Councilmember Vasiliou asked for a status report on the library meetings. Councilmember Helliwell responded that the last meeting was summarized in the Informational Memorandum. A meeting scheduled for last week did not take place. Bill Cavanaugh, owner of the proposed library parcel, stated he will work with the City on this acquisition. Councilmember Ricker suggested that the Finance Director establish a library project fund so the costs can be accurately tracked. After further discussion, the Council decided to delay selection of a land acquisition specialist until the appraisal is received. Manager Willis stated that the Financial Task Financial Task Force has been meeting on a weekly basis and Force expects to complete their report in February. Item 9-M Special Council Meeting January 28, 1991 Page 41 Attorney Thomson stated that there is an item in Impact Fees the January 11 Informational Memorandum relating Item 9-M to impact fees. He stated that currently there is no authority in state law for the use of impact fees by cities. Councilmember Vasiliou asked if a report on the Budget Cuts proposed budget cuts will be provided. Manager Item 9-M Willis reported on the status of the state budget situation and stated that staff is working on a report to the Council recommending budget cuts for 1991. Ed Albro, League of Plymouth Voters, stated it is League of Plymouth difficult to understand the Council's actions on Voters - various items when no monetary amounts are Council Agenda indicated on the Council agenda. Manager Willis informed Mr. Albro of the public notebook which contains a detailed report on each agenda item. He also stated that Mr. Albro could contact City staff members prior to the Council meetings to get additional information on specific agenda items. The meeting was adjourned at 10:30 p.m. City Clerk I q y1V CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: Jan. 29, 1991, for Council Meeting of Feb. 4, 1991 TO: James G. Willis, City Manager FROM: Laurie Rauenhorstty Clerk, through Frank Boyles, FROM: Laurie Rauenhorso i. Assistant City Manager SUBJECT: OFF -SALE INTOXICATING LICENSE APPLICATION OF STAR LIQUORS, INC. 7-A ACTION REQUESTED: Following a public hearing, adopt the attached resolution approving an off -sale intoxicating liquor license for Star Liquors, Inc., at Rockford Road Plaza Shopping Center, 4190 Vinewood Lane. BACKGROUND: The City has received an application for an off -sale intoxicating liquor license from Kenneth Streeter, applicant on behalf of Star Liquors, Inc. This would be a new licensed location at 4190 Vinewood Lane, which is part of the Rockford Road Plaza Shopping Center. All fees have been paid and proof of insurances provided. The Police Department has conducted an investigation of the applicant and finds no reason to recommend denial of the licenses. The Police Department investigation notes that Star Liquors, Inc., owns eight other stores throughout the metro area. His stores have implemented a fake I.D. program, which includes a bonus for each of the false I.D.'s his store clerks discover. RECOMMENDATION: Attached is the format for the hearing, along with a resolution approving the license for Council consideration. 0 CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 1991. The following members were present: The following members were absent: introduced the following resolution and moved its adoption: RESOLUTION NO. 91 - APPROVING OFF -SALE INTOXICATING LIQUOR LICENSE FOR STAR LIQUORS, INC. WHEREAS, the City has received an application for an off -sale intoxicating liquor license from Star Liquors, Inc., for the premises at 4190 Vinewood Lane; and WHEREAS, the Police Department has conducted an investigation and finds no reason to deny the license; and WHEREAS, following required published and posted notice, the City Council conducted a public hearing and finds no reason to deny the license. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Plymouth that an off -sale intoxicating license is hereby approved for Star Liquors, Inc., 4190 Vinewood Lane, for the period February 4, 1991, through January 31, 1992. The motion for adoption of the foregoing resolution was duly seconded by , and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the resolution was declared duly passed and adopted. AGENDA FOR PUBLIC HEARING OFF -SALE INTOXICATING LIQUOR LICENSE FEBRUARY 4, 1991 1. Purpose of meeting - Mayor Bergman A. The Council is to consider issuance of an off -sale intoxicating liquor license to Star Liquors, Inc., 4190 Vinewood Lane (Rockford Road Plaza Sho;:ring Center). B. The Police Department conducted an inve. igation and finds no reason to deny the license. C. All required documents have been submitti:' and license fees have been paid. 2. The procedure for the hearing will be as follows: A. Write name and address on blue card. B. Pass card to Mayor or City Clerk. C. When your name is called, come up to the microphone. D. Please speak clearly into the microphone so that all may benefit from your remarks. E. No one may speak twice until all others who wish to have done so. 3. The meeting was carefully and thoroughly announced: A. Notice was published in the Weekly News. B. Notices were posted as required in three places in the community. 4. Proposed license: A. Off -sale intoxicating license for Star Liquors, Inc., 4190 Vinewood Lane. 5. Open Hearing 6. Close Hearing 7. Determination of Council Mr. Kenneth Streeter 13100 35th Avenue North Plymouth, MN 55447 Dear Mr. Streeter: The Plymouth City Council will conduct a public hearing on Monday, February 4, 1991, at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., to consider your application for an off -sale intoxicating liquor license for Star Liquors, Inc., at 4190 Vinewood Lane (Rockford Road Plaza Shopping Center). You or your representative should be present to answer any questions the Council may have. I have enclosed two copies of the public hearing notice. Please post one notice on the premises to be licensed and the other notice somewhere else in the vicinity. I will post a copy of the hearing notice at the City Center and will provide for the required published notice. If you have questions regarding this hearing or need further information prior to the hearing, please contact me at 550-5014. Sincerely, Laurie Rauenhorst City Clerk Enc. 3!00 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 550-5000 NOTICE OF HEARING ON OFF -SALE INTOXICATING LICENSE APPLICATION OF STAR LIQUORS, INC., 4190 VINEWOOD LANE NOTICE IS HEREBY GIVEN that the Plymouth City Council will conduct a hearing on the off -sale intoxicating liquor license application of Star Liquors, Inc., 4190 Vinewood Lane, on Monday, February 4, 1991, at 7:00 p.m. The hearing will be held in the Council Chambers of the Plymouth City Center, 3400 Plymouth Boulevard. All persons wishing to address the Council regarding this application, will be heard at that time. Laurie Rauenhorst City Clerk 550-5014 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447. TELEPHONE (612), 550-5000 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: Jan. 29, 1991, for Council Meeting of Feb. 4, 1991 TO: James G. Willis, City Manager FROM: Laurie Rauenhorsti xty Clerk, through Frank Boyles, Assistant City Manager SUBJECT: OFF -SALE NONINTOXICATING LICENSE APPLICATION OF L & S INC. ACTION REQUESTED: Following a public hearing, adopt the attached resolution approving an off -sale nonintoxicating liquor license for L & S Inc., d/b/a Tom Thumb #519, 4130 Highway 101. BACKGROUND: The City has received an application for an off -sale nonintoxicating liquor license from L & S Inc., d/b/a Tom Thumb 519, 4130 Highway 101 North. This is an existing business and Jack Wenner currently holds a license for the sale of nonintoxicating liquor. All fees have been paid and proof of insurances provided. The Police Department has conducted an investigation of the applicant and finds no reason to recommend denial of the licenses. RECOMMENDATION: Attached is the format for the hearing, along with a resolution approving the license for Council consideration. A CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 1991. The following members were present: The following members were absent: introduced the following resolution and moved its adoption: RESOLUTION NO. 91 - APPROVING OFF -SALE NONINTOXICATING LIQUOR LICENSE FOR L & S INC. WHEREAS, the City has received an application for an off -sale nonintoxicating liquor license from L & S Inc., d/b/a Tom Thumb 519, for the premises at 4130 Highway 101 North; and WHEREAS, the Police Department has conducted an investigation and finds no reason to deny the license; and WHEREAS, following required published and posted notice, the City Council conducted a public hearing and finds no reason to deny the license. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Plymouth that an off -sale nonintoxicating license is hereby approved for L & S Inc., 4130 Highway 101 North, for the period February 4, 1991, through June 30, 1991. The motion for adoption of the foregoing resolution was duly seconded by , and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the resolution was declared duly passed and adopted. L2 AGENDA FOR PUBLIC HEARING OFF -SALE NONINTOXICATING LIQUOR LICENSE FEBRUARY 4, 1991 1. Purpose of meeting - Mayor Bergman A. The Council is to consider issuance of an off -sale nonintoxicating liquor license to L & S Inc., d/b/a Tom Thumb #519, 4130 Highway 101 North. B. The Police Department conducted an investigation and finds no reason to deny the license. C. All required documents have been submitted and license fees have been paid. 2. The procedure for the hearing will be as follows: A. Write name and address on blue card. B. Pass card to Mayor or City Clerk. C. When your name is called, come up to the microphone. D. Please speak clearly into the microphone so that all may benefit from your remarks. E. No one may speak twice until all others who wish to have done so. 3. The meeting was carefully and thoroughly announced: A. Notice was published in the Weekly News. B. Notices were posted as required in three places in the community. 4. Proposed license: A. Off -sale nonintoxicating license for L & S Inc., 4130 Highway 101 North. 5. Open Hearing 6. Close Hearing 7. Determination of Council Mr. James Leuer 16100 County.Road 15 Plymouth, MN 55447 Dear Mr. Leuer: The Plymouth City Council will conduct a public hearing on Monday, February 4, 1991, at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., to consider your application for an off -sale nonintoxicating liquor license for Tom Thumb #519, 4130 Highway 101. You or your representative should be present to answer any questions the Council may have. I have enclosed two copies of the public hearing notice. Please post one notice on the premises to be licensed and the other notice somewhere else in the vicinity. I will post a copy of the hearing notice at the City Center and will provide for the required published notice. If you have questions regarding this hearing or need further information prior to the hearing, please contact me at 550-5014. Sincerely, Laurie Rauen orst City Clerk Enc. 3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 550-5000 04 NOTICE OF HEARING ON OFF -SALE NONINTOXICATING LICENSE APPLICATION OF L & S INC., D/B/A TOM THUMB 519, 4130 HIGHWAY 101 NOTICE IS HEREBY GIVEN that the Plymouth City Council will conduct a hearing on the off -sale nonintoxicating license application of L & S Inc., d/b/a Tom Thumb #519, 4130 Highway 101, on Monday, February 4, 1991, at 7:00 p.m. The hearing will be held in the Council Chambers of the Plymouth City Center, 3400 Plymouth Boulevard. All persons wishing to address the Council regarding this application, will be heard at that time. Laurie Rauenhorst City Clerk 550-5014 3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 550-5000 MEMO 49+ CITY OF PLYMOUTH r 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: January 30, 1991 For City Council Meeting of February 4, 1991 TO: Jammers G. Willis, City Manager FROM: Fred IG-.o r , Director of Public Works SUBJECT: PUBLIC WORKS BUILDING EXPANSION PROJECT CITY PROJECT NO. 009 At the December 10, 1990 Council meeting, the City Council adopted a motion to limit the scope of the Public Works Building Expansion to $3,000,000. Since that time, I have been working with the architect, BRW, to carefully review our needs and reduce the scope of the project as directed by the City Council. Attached is a letter from BRW dated January 30, 1991, with the revised project estimate. The total estimated building cost is $3,179,000. In addition, there is an estimated cost of $629,000 for site improvements such as driveways, parking lots, landscaping, etc. Also attached are portions of the original report, which the City Council received, showing the changes in the scope of the project. These pages have been marked and not retyped in order that it can readily be reviewed for the changes. Jim Kolstad, Mark Peterson, Eric Blank, and I have reviewed the City's growth from 1979 to 1991 and have projected our needs for ten years, or to the year 2001. The revised project is based on the following employees and vehicle/equipment: EMPLOYEES MAINTENANCE VEHICLES & EQUIPMENT 1979 1991 2001 70 166 (175)( 1) 189 (256)( 2) As can be seen by the table, the growth over the next ten year period is substantially reduced from that we experienced over the past 12 years. Denote original data in BRW report of September 6, 1990. 1) Nine pieces of equipment were previously included that were projected to be in the 1991 budgets. 2) The differences are identified on Pages 39 - 42. ADMIN. STREETS S & W PARKS FORESTRY MECHANICS OFFICE TOTAL 1979 6 8 4 3 3 4 28 1991 12 12 10 1 4 3 42 2001 14 (14) 14 (14) 12 (14) 2 (2) 5 (5) 4 (4) 51 (53) MAINTENANCE VEHICLES & EQUIPMENT 1979 1991 2001 70 166 (175)( 1) 189 (256)( 2) As can be seen by the table, the growth over the next ten year period is substantially reduced from that we experienced over the past 12 years. Denote original data in BRW report of September 6, 1990. 1) Nine pieces of equipment were previously included that were projected to be in the 1991 budgets. 2) The differences are identified on Pages 39 - 42. SUBJECT: PUBLIC WORKS BUILDING EXPANSION PROJECT January 30, 1991 Page Two From the previous two years, or within the current 1991 Budget, $1,667,300 has been placed in a reserve fund for this proposed Public Works Building Expansion. The remaining funding will be identified and proposed to the City Council at the completion of the next phase of the project. It is recommended that the City Council adopt the attached resolution authorizing the architect to proceed with the design/ development phase for the project. After this phase is completed, it will give a more refined cost of the project and a proposed building layout. It is at the completion of the design/development phase that the City Council will be requested to authorize the preparation of the final plans and specifications and approve the final project funding. Fred G. Moore, P.E. FGM:kh attachments CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1991. The following members were present: The following members were absent: adoption: meeting of the City Council of day of , XX X introduced the following Resolution and moved its RESOLUTION NO. 91 - PUBLIC WORKS BUILDING EXPANSION PROJECT CITY PROJECT NO. 009 WHEREAS, the architect, BRW Architects, Inc., has completed the report entitled "Public Works Building Expansion Master Plan" and the report identifies the need for the City's Maintenance Facility to the year 2001; and WHEREAS, the report has been revised to reduce the scope of the project; and WHEREAS, the estimated building project is for approximately 74,300 square feet of space at an estimated cost of $3,179,000; and WHEREAS, site improvements are estimated at a cost of $629,000; and WHEREAS, funding for the project has been identified as follows: Public Works Building Reserve 1,667,300 AND WHEREAS, during the design development phase of the project, additional funding will be identified. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the architect is authorized to proceed with the design/ development phase of the project; FURTHER, that during the design/development phase, either the scope of the project is to be reduced or additional funding identified for approval by the City Council. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. XX 7tC C7Y XXX JAN 3E '91 14:53 BRW INC. R W . A R C H 1 T E C T S• r N C DATE: January 30, 1991 TO: Fred Moore Director of Public Works City of Plymouth FROM: Mark G. Swenson Jeff Oertel RE: Revised Space Program and Construction Cost Estimate Based on Revised Growth Assumptions The following is a summary of how revised growth assumptions have changed the project scope. A. C. D. 2001 2001 Building Previous Revised Component Sq.Ft. Sq.Ft. Comments Admin/Offices 4$90 3,853 Eliminate 5 of the projected new staff by 2001 Support 3,445 3,445 No changes to program Facilities Work Areas 14,675 14,487 P.2 700 THIRDS QiEETS7007H.RD TREET..OUTF( DAVID).BENNETT MINNEAPOLIS, MN 55415 MARK G. SWF;N`iON PHONE: 16037(-07(() — r- DENNIS] SUfUFF FAX -0210370-1378121:70-i37d nArI PETER E. )ARASJ Vehicle and 60,000 43,150 DONALD W. RINGROSE R W . A R C H 1 T E C T S• r N C DATE: January 30, 1991 TO: Fred Moore Director of Public Works City of Plymouth FROM: Mark G. Swenson Jeff Oertel RE: Revised Space Program and Construction Cost Estimate Based on Revised Growth Assumptions The following is a summary of how revised growth assumptions have changed the project scope. A. C. D. 2001 2001 Building Previous Revised Component Sq.Ft. Sq.Ft. Comments Admin/Offices 4$90 3,853 Eliminate 5 of the projected new staff by 2001 Support 3,445 3,445 No changes to program Facilities Work Areas 14,675 14,487 Reduce hoist bays from 7 to 6, and Vehicle but increase space/bay to Maintenance allow drive-through, as shown on concept plan. Reduce size and growth of several work areas. Vehicle and 60,000 43,150 See Pages 35 - 42. Public Equipment Works Staff completely revised Heated Storage projected growth in Vehicles and Equipment resulting in substantial reductions in area Also circulation factor was reduced from 1.75 to 1.70 5% net to gross 4,135 3,247 Proportionally reduced) for A, B. C, D AN APF IUXI`E OF7HE BENNETT RiNGRC)SE WOLSF'LLf) JA(•''l'IS GAK NER. INC. C, -ROU? ARCHITEC'MR URBAN DESICN. PL.ANININIG TRANF..PG,RT.4TI-,' Fta;IPJPf.•I JAN 30 '91 14:53 BRW INCo Main Building Gross Area E. Cold Storage Total A, B, C, D, E, Project Component P.3 86,845 68,1.82 18,000 6,100 Same as 0 above. Also, cold storage circulation factor reduced from 1.33 to 1.25. Assumed useable space in the Water Tower increased from 2,000 to 3,000, thereby saving another 1,000 sq.ft. 104,845 74,282 2001 Previous Cost Budget BUILDING IMPROVEMENTS 1. New construction of heated building 3,100,000 and cold storage 2. Demolition and renovation/demo- 133,000 lition of remodeled spaces 3. General conditions, phasing of 550,000 work and contractor overhead and profit 4. CONTINGENCY 137,000 311, 000 5. Architect's/Engineer's Fees, Ex-- $ 3601WQ penses, Testing, Surveying, etc. TOTAL BUILDING BUDGET 4 4,231 ,goo SITE IMPROVEMENTS 1. All site improvements (No Change $ 580,000 in scope) 2. Architect's/Engineer's Fees H9,000 and Expenses for Sitework TOTAL. 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O co CD -a CD O — n w C h -''• c+ n J• r+ t J. N i CD o• .O O CS ct — w N J. J. C n O O' < N CD N a c+ : 1 w wCD 'O C O C - O - O O to CD -+• n N rc'C CD O J. CL N J. J. p 3 O n CD -3 — a n c+ C Cr n J. J. OFDCDO 0 CD J• w nn wOtG ( p O O CD n n fD t< O N J. B C CD -1 _0 tO -h • w a r+ n to B 1RZ O < to w0 J• cD C+ -1 N J n 1 CD C CD O O i N o w CD O c+ -3 O --•-I rr O N CD w n n< O- 0 O J. CD < Cr N O -+• Q c CD D rt n h r* t O CD J. 0 ? J• N O CD J. J J. 0 1 CD n N 3vn J. l"4' O C+C•O rt' N O A w w a N O• -' to N n CD C+ a -i O O CD rr i• Q LO w CD CD — n n O O C w w t CD N CD O w 0' J• 1 rr O O n J• w c+ O N Oto 7r O O v I w c a • N q-,5 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: January 30, 1991 for City Council Meeting of February 4, 1991 TO: James G. Willis, City Manager through Fred G. Moore; Director of Public Works FROM: Daniel L. Faulkner, City Engineer SUBJECT: ESTABLISH PUBLIC IMPROVEMENT HEARING DATE 1991 STREET RECONSTRUCTION PROGRAM CITY PROJECT NO. 102 ACTION REQUESTED: Approve the attached resolution calling for a hearing on the 1991 Street Reconstruction Program. BACKGROUND: 1991 will be the third year of the City's Pavement Management Program. The City Council has established an assessment policy whereby 30% of the yearly program cost would be assessed to the benefiting properties. We have received the final report and estimated costs and will be meeting with the assessment committee to determine the estimated assessments for each type of property. Public information meetings have been set to discuss the aspects of the proposed construction in the affected areas. Districts 4, 7, and 11 would meet on Tuesday, February 19, and District 3 would meet on Wednesday, February 20. The council chambers has been reserved for both meetings. RECOMMENDATIONS AND CONCLUSIONS: I hereby recommend that the City Council adopt the attached resolution setting February 25, 1991 as the Public Hearing date for the above project. P", J e7 Daniel L. Faulkner, P. E. DLF:dkc:do attachment: Resolution CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1991. The following members were present: The following members were absent: adoption: meeting of the City Council of day of , lYXX introduced the following Resolution and moved its RESOLUTION NO. 91 - CALLING FOR HEARING ON IMPROVEMENTS 1991 STREET RECONSTRUCTION PROGRAM CITY PROJECT NO. 102 WHEREAS, pursuant to a resolution of the Council adopted December 10, 1990, a report has been prepared by Short, Elliott, Hendrickson, Inc. with respect to certain streets in maintenance districts 3,4,7 and 11 as designated in the 1989 Pavement Management Bi - Annual Update; and WHEREAS, the proposed project includes the reconstruction of streets by the installation of bituminous pavement, concrete curb and gutter, storm sewer and all necessary appurtenances; and WHEREAS, said report was received by the Council on January 7, 1991. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The Council will consider the improvements of such project in accordance with the report and the assessment of abutting and adjacent property within the designated 1991 Street Reconstruction Program area for a portion of the cost of the improvement pursuant to Minnesota Statutes 429.011 to 429.111 (Laws 1953, Chapter 398, as amended) at an estimated total cost of the improvement of 3,154,627.90. 2. A public hearing shall be held on such proposed improvement on the 25th day of February, 1991 in the Council Chambers of the Plymouth City Center at 3400 Plymouth Boulevard at 7:00 p.m., and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. X l: X CIY C XXL X N CITY V t KALE Of MIKES PLYMOUTH- J i liE e itisssissssslsslsssgiiisiiiiiilsls!!itislilgtsssl.i.i.><ls.s,sssssssssss w 1991 STREET RECONSTRUCTION PROGRAM MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: January 30, 1991 For City Council Meeting of February 44, 1991 TO: James G. Willis, City Manager Through Fred G. Moore, Director of Public Works FROM: Daniel L. Faulkner, City Engineer SUBJECT: CHANGE ORDER NO. 1 VINEWOOD LANE/C.S.A.H. 9 AREA STREET AND UTILITIES CITY PROJECT NO. 948 ACTION REQUESTED: Adopt the attached resolution approving Change OrderNo. 1 for Vinewood Lane/C.S.A.H. 9 Area, Street and Utilities project. BACKGROUND: Attached is proposed Change Order No. 1 for the Vinewood Lane/C.S.A.H. 9 Area Project. Change Order No. 1 increases the contract price by $44,001.01. The four items comprising Change Order No. 1 are project costs and will either be assessed to the property owner or paid through T.I.F. Financing. The change order includes eight driveway entrances, which were added along Vinewood Lane because the number and location were unknown at the time of plan preparation by the developer. The developer's grading activities caused large amounts of debris to be tracked onto the roadway and it was necessary to clean the streets prior to paving. Also, additional backfilling behind the curb was done by the City's contractor. A number of storm sewer structures were revised or reconstructed due to changes in design within the development. During the jacking process of a 24" watermain under C.S.A.H. 9, special construction techniques were employed due to unknown obstructions which were encountered. Also, unsuitable soils were encountered while constructing the watermain and were removed. RECOMMENDATIONS AND CONCLUSIONS: I hereby recommend that the City Council approve Change Order No. 1 for Vinewood Lane/C.S.A.H. 9 Street and Utilities, City Project No. 948. DLF:dkc:kh attachments: Resolution Change Order Letter Daniel L. Faulkner, P.E. DLF:dkc:kh attachments: Resolution Change Order Letter CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1991. The following members were present: The following members were absent: XXX adoption: XXX meeting of the City Council of day of , YC YCX introduced the following Resolution and moved its RESOLUTION NO. 91 - APPROVING CHANGE ORDER NO. 1 VINEWOOD LANE/C.S.A.H. 9 AREA STREET AND UTILITIES CITY PROJECT NO. 948 WHEREAS, Change Order No. 1 has been prepared providing for the following: Constructing entrances along Vinewood Lane, cleaning dirt and debris from Vinewood Lane and 42nd Place, revising and constructing various storm sewer facilities, watermain jacking under C.S.A.H. 9, and connection to existing watermain. AND WHEREAS, Change Order No. 1 for Vinewood Lane/C.S.A.H. 9 Area Street and Utilities, City Project No. 948 is recommended for approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that Change Order No. 1 for the Vinewood Lane/C.S.A.H. 9 Area Street and Utilities, City Project No. 948 by adding $44,001.01 is recommended for approval Original Contract Amount $1,442,728.41 Previous Change Orders - ADD 0.00 THIS CHANGE ORDER NO. 1 - ADD 44,001.01 REVISED CONTRACT AMOUNT.......... $1,486,729.42 The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. XXX XXX XXX January 23, 1991 CHANGE ORDER NO. 1 City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 SRF No. 0901259 PROJECT: Vinewood Lane/C.S.A.H. 9 Area City Project No. 948 CONTRACTOR: Northdale Construction Co., Inc. 14450 Northdale Boulevard Rogers, Minnesota 55374 WHEREAS: Subsequent to award of this contract, changes to the development plan necessitates the construction of eight driveway entrances along Vinewood Lane to serve the adjacent development. WHEREAS: Prior to striping and marking the new street within the development, it is necessary to remove dirt and debris deposited on the street as a result of construction activity in the project area. WHEREAS: Revisions to the development plan and changes in field conditions necessitate modifications to the storm sewer system within the development and along C.S.A.H. 9. WHEREAS: Encountering an obstruction while jacking a 24 inch watermain casing under C.S.A.H. 9 will result in additional costs to the contractor. THEREFORE: In accordance with the terms of the Contract, you are hereby authorized and instructed to perform the work as specified herein and as itemized below. There will be no extension to the final completion date specified in the Contract as a result of this Change Order. CITY PROJECT NO. 948 CHANGE ORDER NO. 1 PAGE 2 01 INCREASE ** Item Unit Estimated Item No. Description Unit Price Quantity Amount 0105.601 Construct Entrances Lump Sum $11,450.31 1 $ 11,450.31 0104.601 Remove Debris from Lump Sum $ 1,645.54 1 $ 1,645.54 Roadway 0503.601 Modify Storm Sewer Lump Sum $ 7,102.01 1 $ 7,102.01 0504.601 24" DIP W.M. Augered Lump Sum $23,803.15 1 $ 23,803.15 TOTAL INCREASE IN CONTRACT AMOUNT 44,001.01 CONTRACT SUMMARY ORIGINAL CONTRACT AMOUNT: PREVIOUSLY APPROVED CHANGE ORDERS: CHANGE ORDER NO. 1 REVISED CONTRACT AMOUNT: ISSUED; STRGAR-ROSCOE-FAUSCH, INC. ACCE E 7 0-a NORTHDALE CONSTRUCTION CO., INC. APPROVED: CITY OF PLYMOUTH DATE 3 DATE DATE CITY OF PLYMOUTH DATE 1,442,728.41 0.00 44,001.01 1,486,729.42 I L: STRGAR-ROSCOE-FAUSCH, INC. SRF CONSULTING ENGINEERS TRANSPORTATION CIVIL STRUCTURAL PARKING LAND SURVEYORS SRF No. 0901259 January 23, 1991 Mr. Daniel L. Faulkner, P.E. City Engineer CITY OF PLYMOUTH RECEIV 03400PlymouthBoulevard Plymouth, Minnesota 55447 JAN 281991 RE: VINEWOOD LANE/C.S.A.H. 9 AREA P., rawt.h i v' PLYMOUTH PROJECT NO. 948 Dear Dan: Transmitted herewith for Council's review and execution are four copies of proposed Change Order No. 1 for the referenced project. This Change Order was initiated by Strgar-Roscoe-Fausch, Inc. at your request and has been executed by the Contractor. Change Order No. 1 is proposed in response to several conditions and changes within the project, as summarized below: 1. Construction of eight entrances along Vinewood Lane were added to provide ingress to/egress from the adjacent development. In our communications with both the City and the developer, it was agreed that the entrances would best be constructed under the City Project to ensure better compatibility with Vinewood Lane. The number and location of entrances was unknown at the time of plan preparation. 2. Prior to striping and marking the interim bituminous surface on Vinewood Lane and 42nd Place, it was necessary to remove all dirt a::d debris tracked onto the roalway from the developer's activity in the project area. It was also necessary for the Contractor to import dirt from within the development to backfill the curb because the developer had not completed grading of the boulevard areas. The additional cost of cleaning the streets and backfilling and shaping behind the curb is included in this item. 3. Storm sewer facilities were revised and/or reconstructed as a result of changed design within the development located adjacent to the project area. Most significant of these changes was the 24 foot extension of 54 inch RCP to better fit the storm pond sideslope as ultimately designed and constructed by the developer. Other modifications to storm sewer were necessary due to the construction of the driveway entrances and the proximity of the gas main on C.S.A.H. 9. Suite 150, One Carlson Parkway North, Minneapolis, Minnesota 55447 612/475-0010 FAX 612/475-2429 PW Mr. Daniel L. Faulkner, P.E. - 2 - January 23, 1991 4. While jacking a 24 inch watermain casing under C.S.A.H. 9, an unknown concrete obstruction was encountered. After considering alternate solutions to the problem, it was determined that the contractor should continue pushing through the obstruction using special equipment and procedures. These special efforts by the Contractor resulted in additional costs beyond the initial scope of the project plans and specifications. We believe, however, that the method used resulted in the least cost and disruption. In addition, while excavating for the 24 inch watermain connection, unsuitable soils were encountered and therefore removed and replaced with suitable embankment material. That additional work is included in this item. If there are any questions regarding these items, please contact US. Very truly yours, STRGAR-ROSCOE-FAUSCH, INC. R'chard A. Heuring Inspector Craig Y4. Twinem, P.E. Senior Engineer CMT:RAH:bba Enclosures cc: Thomas Wilebski, Northdale Construction Co., Inc. i0g_D MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 1991 For City Council Meeting of February 4, 1991 DATE: January 30, ,f -J TO: James G. Willis, City Manager Through Fred G. Moore, Director of Public Works FROM: Daniel L. Faulkner, City Engineer SUBJECT: ORDER PUBLIC HEARING TOVEACDOTPORTION 5516228 ADJACENT WEST MEDICINE LAKE DRI )OCUMEN LAKE HILLS ADDITION AND HERITAGE WOODS ESTATES SECOND ADDITION ACTION REQUESTED: Set p ublic hearing for February 25, 1991 at 7:00 p.m• to consider the vacation of a portion of a roadway easement West Medicine Lake Drive)) Document No. 5516228, adjacent to Bass Lake Hills Addition and Heritage Woods Estates 2nd Addition. The Cit Council declared this portion of West Medicine Lake BACKGROUND: Y 1990. Drive surplus property by Resolution No. 90-375 on June 18, 1990 as Document propels r was conveyed by the CitYrecordedto sSeptember Lake l 17, 1990 Limitedp1990, andPartnershiponJuly18, This No's 5702492 and 5692477. A portion of the roadway easement was also deeded to Graham Development for Heritage Woods Estates 2nd Addition. document, as of this date, has not been recorded. Commonwealth Land Title Insurance Company, in its title search, has determined that because the strew eeasement was deeded to the City for use as public roadway, vacating that for CSM Corporation, has submitted a petition requesting Mr. William Penk, property the City to vacate the roadway easement that now encumbers the p p deeded to CSM Corporation. st en ot Mr. Penk has also requested the ea wwithin Lotfour t if Block the e 2,tBass o Lake drainage and utility easement be vacated to Addition because West Medicine t 1, Blockthen west be line deededdthe vacated Corporation and combined with ten foot drainage and utility right-of-way was used as a setback line. plat for the utility companies to easement was dedicated on the final p install the necessary utilities just west of the buildings oachl slightlyihtltrontthis lten Highway 494. The buildings, as constructed, g Y foot drainage and utilitye setenf• The the easemeecessary utilities were constructed within the west six CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1991. The following members were present: , The following members were absent: its adoption: introduced the following Resolution and moved RESOLUTION NO. 91 - ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENT LOT 1, BLOCK 2 BASS LAKE HILLS ADDITION WHEREAS, pursuant to M.S.A. 412.851, William A. Penk for C.S.M. Corporation has petitioned the City Council for the vacation of the following drainage and utility easements within Lot 1, Block 2 Bass Lake Hills Addition: The east four feet of the westerly ten foot drainage and utility easement excepting therefrom the north ten feet and south six feet thereof, Lot 1, Block 2 Bass Lake Hills Addition. AND, WHEREAS, the City Council has reviewed said request and found the same to be in order; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That it should, and hereby does, establish the date of February 25, 1991 at 7:00 p.m. in the Council Chambers, Plymouth City Center, 3400 Plymouth Boulevard, as the time and place for the public hearing of said petition and directs the administrative staff to publish notice of said hearing as provided by law. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. 2-S." IN I Z i 9 s h! j. Y EaSe1 tea f BEARING NOTE: THE WEST LINE OF BASS LAKE HEIGHTS AND THE EAST LINE OF THE NW 1/4 OF THE SE1/4 1S ASSUMED TO BEAR N00.08'02'W. CENTERLINE OF H.C. HWY. NO. 47 100 50 0 100 200 DENOTED AS SURVEY LINE ON 18.E PLAT 13• C.R. DOC. NO. 3933700 ----` SCALE IN FEET t• h•1.i ... ''- 7i S'LY R.O.W. LINE OF u E AT "E FNLER CTFTE C.R. DOC. 4 4 PER 4040272 - - 100.0.9,g a O iY -(3.o44.. 's10' 1 6^6 ,5 25 X82• 8090E 3. 0 N , -HIGHWAY N : o, E ,6 1 z f CH • CH • X03,. 62 .` 9 1g N '19333.30 Za Q O N QS, ,, s ! Q-2.59 65 `1 N6 ?26• ioo NQ E o I J . 3S 1qe a 'f l R3889 .12 16 . L9 !` 1 M N Sg-- - 3.03 v i AL=20T • 84 W v , o CH•07'848'51it01ja 'C•BRG.= 182 rop O _cb IV c p , t '-; y _ W o ov , tip m N r` / _ u' ! y J > .e /e/_v eOto Q v}LL.T 5.67 V A P °j / pP y0' 585.57' S1 W 3 p BLOCK 2 W ol a0 LOT 1 2s125 F- 0 h'`.',- . 0. 930" ryP O qO oo'h 1 N '10S o0 / n 1 N <o 00Nnp- 040 tihs \JS9 6 0`? I DcoOo\ 1/\N N /3T9 02 6.`ri \ry 1S' J6 \ e\4ss< KE 0 a O 5 p1N^GE 3 \ 60 304 O feeOR S \ 7 I J6JN14' 44'05"W 500' - 1 I I 'yJ\ -, CENt uj1 SOUTH LINE OF THE 1I I sos aN 66 A9 J9 a\w \ y NE 1/4 .SEC. 3 NI I I . , _ - - - - - r o k,-- NORTH LINE OF THE SE 1/4 SEC. 3I . f t Njw c p i in DRAINAGE EASEMENT;-.. 2kI l W E T IN \\ p !! ` ''o• yt FOR PONDING ---` . TN12'50' 15'E ; 33.64 147 81 s m s \ t S 77.33 :I I ` mO°\\ I&, Lr' EDGE OF WETLAND- _- \ qss I 01 \ f --- - 0 I d 3 CENTERLINE 20 FOOT SUTILITY EASEMENT DETAIL ; \s: >--- MATCH L I NE'I----- :--- .12' NO SCALE pW ?9 "o \ ?• SEE SHEET 3 OF ',3 SHEETS 12j? 1--- '`'' C SPA CORPORATION 680 Kasota Avenue, Minneapolis, Minnesota 55414 (612) 623-3311 Telecopier (612) 623-0615 January 25, 1991 City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Attn: Bob Johnson Re: Easement Changes, Bass Lake Hills Dear Sir: It has now become evident that the Quit Claim Deed land transfer of West Medicine Lake Road from the City of Plymouth to Bass Lake Hills Townhomes Limited Partnership by City Council action on June 18, 1990, was legally incomplete. With the deed now recorded, CSM must also request for Bass Lake Hills Townhomes Limited Partnership the vacation of West Medicine Lake Road as a public street and the vacation of all underlying and related easements and utilities. It will also be necessary to vacate 4' of the 10' drainage and utility easement (6' remains) along the west line of the plat of Lot 1, Block 2 Bass Lake Hills. On the former West Medicine Lake Road parcel, Bass Lake Hills Townhomes Limited Partnership will grant to the City of Plymouth the following drainage and utility easements: on the north - 10', on the west - 10', and on the south - 6'. These easements will match City requirements for either street (101) or adjoining lot (61) frontages. Legal descriptions will be drafted and forwara u .G 2 i u5 5vGii as possible. It is imperative that the matter be acted on at the Feruary 4, 1991 City Council meeting to fit the very tight schedule which you described on Wednesday. Please call me if there are any questions. Sincerely, U ' - t William A. Penk, AIA for CSM Corporation WAP/vb RtECEIVEO JAN 281991 City of Plymouth MEMO kg --'r CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: January 29, 1991 for Council Meeting of February 4, 19x91 TO: James G. Willis, City Manager, through Fred G. Moore; girector of Public Works FROM: John R. Sweeney, Assistant Engineer SUBJECT: BOND REDUCTION ACTION REQUESTED: We have received a request from the developer for a bond reduction to reflect completed work in his development. The City has made inspections of the work and I recommend that the attached resolution be adopted. This development is: 1. Westwood Ridge 2nd Addition (85108) John' -R. Sweeney \ JRS:do attachment: Resolu CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1991. The following members were present: _ The following members were absent: adoption: meeting of the City Council of day of , introduced the following Resolution and moved its RESOLUTION NO. 91 - REDUCING DEVELOPMENT BOND WESTWOOD RIDGE 2ND ADDITION (85108) WHEREAS, in accordance with the development contract dated March 2, 1987, Graham Development Company and Commercial Excavating, Inc., developer of Westwood Ridge 2nd Addition (85108), 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: Street Construction Sanitary Sewer Watermain Storm Sewer Boulevard and Drainage Swale Sod Pond or Ditch Construction Street Signs Site Grading and Drainage Improvements See Grading permit No. 8996) Park and Trail Improvements Design, Administration, Inspection, As-Builts TOTAL 99,790 0- 45,047 0- 37,480 0- 23,963 0- 6,000 1,200 0- 0- 600 0- 0- 0- 0- 25,546 0- 144 238,426 $ 1,344 That the letter of credit required for the above items be reduced as detailed above from $2,464 to $1,344 to reflect the completed work. Letter of Credit No. 220 is hereby reduced accordingly. WESTWOOD RIDGE 2ND ADDITION (85108) Resolution No. 91 - 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 AMOUNT NEW AMOUNT Maintenance of Erosion and Sediment Control Plan Street Sweeping and Storm Sewer Cleaning * Cash: $-0- $-0- Letter of Credit: $-0- $-0- See Grading Permit No. 8996 for required financial guarantee of $32,000 per Letter of Credit No. 218. FURTHER BE IT RESOLVED that the required financial guarantee per Grading Permit No. 8996 for Maintenance of Erosion and Sediment Control Plan, street sweeping, and storm sewer cleaning is reduced from $32,000 to $6,000. Letter of Credit No. 218 is hereby reduced accordingly. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. 9 DATE: January 28, 1991 for City Council meeting February 4, 1991 TO: James G. Willis, City Manager FROM: Richard J. Carlquist, Public Safety Director SUBJECT: AMENDMENT TO CITY POLICY RE: PROCEDURE FOR PROCESSING APPEALS TO THE MINNESOTA UNIFORM FIRE CODE ACTION REQUESTED: That the City Council adopt the attached amendment to the city policy regulating appeals to the Minnesota Uniform Fire Code. BACKGROUND: The last time that the appeals process was used was in conjunction with the Gaughan Companies appeal. After that public hearing I was in touch with the City Attorney concerning some housekeeping changes to the fire appeals procedure. The changes, in my opinion, more clearly delineate specifics as it relates to the owner or occupant as well as stipulated time frames between appeals steps. Otherwise, the proposed language changes are more appr-priate to the purpose and intent of establishing an orderly procedure for handling appeals to the Uniform Fire Code before the City Council. RECOMMENDATIONS AND CONCLUSIONS: It is recommended that the City Council approve the attached amendment to the city policy as it relates to the procedure for processing appeals to the Minnesota Uniform Fire Code. Enclosure POLICY ESTABLISHING A PROCEDURE FOR PROCESSING APPEALS TO THE MUFC (MINNESOTA UNIFORM FIRE CODE) Resolution No. 91 - February 4, 1991 (Supersedes Resolution No. 90-114 adopted February 8, 1990, Resolution 89-66 adopted January 23, 1989 and Resolution 89-669 adopted December 5, 1983) I. General The purpose of this policy is to establish an orderly procedure for handling appeals to the Uniform Fire Code before the City Council. The City Code Section 905.15 establishes the City Council as the Board of Appeals in order to determine the suitability of alternate materials and type of construction, and to provide reasonable interpretations of the provisions of the fire code. The following procedures will be observed in all appeals pertaining to the Minnesota Uniform Fire Code (MUFC). II. Procedures 1. A written copy riatice of the fire code violations, defic±ency with time periods to correct the violations and a copy of the appeals procedure, will be given to either the owner or occupant of the building in question at the time of the inspection. The owner or occupant must notify the Plymouth Fire Department in writing. within 30 days of the inspection date to initiate the appeal process. 2. When the owner or occupant initiates the appeal process, a correction's order letter building citing that cites the specific sections of the code will be mailed to the appellant. of this policy will also be t:'ILUiosed. 3. If the owner or occupant continues to object to the correction orders, they must respond in writing to the Plymouth Fire Department within 14 days of receipt of the correction's letter. A meeting will be held with the appellant, Fire Chief or his designee, and Public Safety Director to determine whether a solution that is consistent with the provisions of the fire code can be achieved. achieve - reasonable 3vlation. f f the - reasonable oitlti OTr—i S --1 code, then the entire finding wiH be referred to tite eity eut2neil. 4. If no solution is reached. , the owner and occupant apgeHant will be advised in writing that they have hehas14 days from the date of the letter to make a written request to the City Manager to set an appeal hearing date. If no request is made, and if the appropriate correction work has not been accomplished, the Public Safety Director will advise the City Attorney so that appropriate enforcement action can be undertaken. 5. If the City Manager is contacted within the 14 day period, established time fatrits, the appellant will be notified of the date and time for the hearing before the Board of Appeals. ±1i Wi.±t±iLr, W±thin 7 days with c, date and tinLe 6. The Board of Appeals will sham render ,H of its decisions in writing to the Public Safety Director and to the appellant. 7. The appellant may appeal a Board finding to the State Fire Marshal if an appeal is authorized pursuant to the rules governing the office of the State Fire Marshal. Any such appeal oafs must be made within 14 days of the decision of the Board of Appeals. 8. Once the appeal process or time limits have been exhausted and if the original deficiency has not been modified or set aside, the Public Safety Director will advise the City Attorney so that appropriate enforcement action can be undertaken. 23- MEMO * I. C' CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: January 24, 1991 For City Council Meeting of February 4, 1991 TO: James G. Willis - City Manager FROM: Richard J. Carlquist - Public Safety Direct/ ARKINGSUBJECT: ORDINANCE AMENDMENT PERTAINING TO HANDICAP ACTION REQUESTED: That the City Council approve the attached ordinance amendment to Chapter 1310.17 designating owners or managers of property in the City of Plymouth responsible for appropriately marking parking spaces reserved for physically disabled persons. BACKGROUND: There is a glitch in the State law covering the handicap parking regulations. On the one hand, we may not issue citations unless the appropriate blue and white sign and advisory is permanently installed. While on the other hand, there is no State law requiring the business owner to appropriately mark the handicap parking spaces in the first place! I believe that the City of Plymouth should take a leadership role in responding to physically challenged persons who either live in our City or drive here for business purposes. It makes good sense to me that we respond aggressively to their needs. Last November and December, I requested that the Plymouth Police Reserves deliver personally the required regulations for signing handicap parking spaces to business owners and apartment managers. This task took several weeks to accomplish. I sought compliance, but few complied! Therefore, I believe that the City needs an attention getter. Thus, the reason for asking the City Attorney to codify an ordinance requiring the appropriate signing of handicap parking spaces. RECOMMENDATIONS AND CONCLUSIONS: It is recommended that the City Council pass the accompanying ordinance amendment which will add a new Subsection 1310.17, Posting of Signs for Physically Disabled Parking to the Plymouth City code. RJC/sb Enclosure AN ORDINANCE RELATING TO PUBLIC SAFETY, PERTAINING TO HANDICAP PARKING, ADDING A NEW SUBSECTION TO THE PLYMOUTH CITY CODE THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS: Section 1. The Plymouth City Code, is amended by adding a new subsection to read: 1310.17 Postinq of Signs for Physically Disabled Parkinn . The owner or manager of any property on which parking spaces are required to be reserved for physically disabled persons pursuant to this Code or State law must post a sign designating such parking spaces as reserved for physically disabled persons. The sign must contain the international symbol of access in white on blue indicating that the parking space is reserved for disabled persons with vehicles displaying the required certificate, license plate, or insignia and indicating that violators are subject to a fine of up to $200. The sign must be posted in a manner to make it visible from inside a vehicle parked in the space and must be kept clear of snow or other obstructions which block its visibility. Any owner or manager of property failing to post the sign required by this subsection shall be fined up to $200. Each day that a sign is not properly posted shall constitute a separate offense. Sec. 2. This ordinance is effective on the date of its publication in accordance with Subsection 110.11. Mayor ATTEST: City Clerk PL100-32PS f CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: January 30, 1991, for Council Meeting of February 4 TO: James G. Willis, City Manager FROM: Eric J. Blank, Director of Parks and Recreation SUBJECT: SIDEWALK ALONG PLYMOUTH BOULEVARD At the last Park and Recreation Advisory Commission meeting, Chairman Freels expressed his concern to the Commission about the lack of sidewalk along Plymouth Boulevard. The Commission passed the attached motion recommending that the Council consider the installation of sidewalk on Plymouth Boulevard between Highway 55 and County Road 9. I have attached for Council review a copy of the official downtown Plymouth sidewalk map. The City currently owns considerable frontage on Plymouth Boulevard that doesn't have sidewalk in place. It would be my recommendation that the City Council direct the public safety building architects to incorporate the necessary sidewalks on public grounds when they are completing the site planning for this planned expansion. This is consistent with what the City would require of a private developer in downtown Plymouth. Eric J. Blank, Director Park and Recreation Dept. EJB/np attachment January 1991 PRAC Minutes Page 4 C. 1991 Fee Schedul Rick Busch reviewed the changes oposed for 1991 and pointed out at items being deleted were line out and new items were underlined. He stated that in previous y rs, there have been two rental policies one for the Zachary softba complex and one that covered all other p rks. For purposes of simplicity and to relieve any confusion, the olicies have been c mbined into one. Rates proposed for 1991 all increased with the exception of lights and the fee for the park atte dant. When as ed why those rates were not increasing, Rick respon d that they re at an appropriate level now. Other changes include t e new policy that facilities will not be available to non-residen groups because of their high demand by resident groups, and the ew $ non-resident fee being charged to youth in athletic associat'o that live in cities not providing facilities. Commissioner Beach stated he eard that the Wayzata Traveling Soccer Club will be approachin PRAC r questing that the $5 non-resident fee be waived. They also ssert tha Plymouth is the only city to charge athletic associations field yenta fees during tournaments. Director Blank stated he wou d have a staf member check with other cities to verify that. A MOTION WAS M E BY COMMISSIONER B ACH AND SECONDED BY COMMISSIONER WAAGE RECOMME ING APPROVAL OF THE 991 PARK FACILITY RENTAL POLICY AND FEE SCHE LE. THE MOTION CARRIED VITH ALL AYES. d. Review drzift of annual report. A draft copy of the 1990 PRAC annual report was made available to commis oners for their comments. Comments should be made by the Februa y meeting so they can be included before the final copies are run, hich will be distributed at the February meeting. 7. COMMISSION PRESENTATION Chairman Freels commented on the need for a sidewalk along Plymouth Boulevard from Highway 55 to County Road 9. On more than one occasion he has almost collided with pedestrians and bikers using the roadway, and he feels the situation is very dangerous. He has written to the City Council about his concerns and has had no response from them. Director Blank commented that the downtown Plymouth sidewalk plan does call for sidewalk along Plymouth Boulevard and that normally it would be installed as the downtown area develops. Chairman Freels believes the sidewalks should be installed now, before a tragedy occurs. A MOTION WAS MADE BY CHAIR FREELS AND SECONDED BY COMMISSIONER BEACH RECOMMENDING THAT COUNCIL AUTHORIZE THE INSTALLATION OF CONTINUED SIDEWALK ALONG PLYMOUTH BOULEVARD TO COUNTY ROAD 9. THE MOTION CARRIED WITH ALL AYES. 8. STAFF COMMUNICATION Director Blank stated that the new Kimberly Lane elementary school is requesting funding for the installation of a playground. If PRAC chooses to recommend funding, they would need to designate this school site as a neighborhood park for this area, in order to meet the requirements of the City's policy on funding school playgrounds. Staff will report further on this subject at the February meeting. 1?4LbpoSa D tj %CWA(S. CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: January 31, 1991 TO: James G. Willis, City Manager FROM: Laurie Rauenhorsty -ty Clerk, through Frank Boyles, Assistant City Ma. ger SUBJECT: TAXI CAB LICENSE - AIR TAXI SERVICE ASSOCIATION ACTION REQUESTED: Adopt the attached resolution approving a taxicab license for Air Taxi Service Association. The Police Department recommends approval of the license for this new taxicab company. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 1991. The following members were present: The following members were absent: introduced the following resolution and moved its adoption: RESOLUTION NO. 91 - WHEREAS, an application for a taxicab license has been received from Air Taxi Service Association; and WHEREAS, all required fees and certificates of insurance have been submitted; and WHEREAS, the Police Department has conducted an investigation and recommends approval of the taxicab license. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Plymouth that a taxicab license is hereby issued to Air Taxi Service Association for the period February 5, 1991, through December 31, 1991. The motion for adoption of the foregoing resolution was duly seconded by , and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the resolution was declared duly passed and adopted. MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: January 31, 1991 TO: James G. Willis, City Manager FROM: Laurie Rauenhors ity Clerk, through Frank Boyles, Assistant City MAnager SUBJECT: TAXI DRIVER LICENSE ACTION REQUESTED: Adopt the attached resolution approving a taxi driver license for George Michael Scott, 135 Nathan Lane, Plymouth, for the period of February 5, 1991, through December 31, 1991. Mr. Scott drives for Town Taxi Service which is licensed in the City of Plymouth. The Police Department recommends approval of this license. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 1991. The following members were present: The following members were absent: introduced the following resolution and moved its adoption: RESOLUTION NO. 91 - WHEREAS, the City has received an application for a taxi driver license from George Daniel Scott; and WHEREAS, the Police Department has conducted all required inspections and investigations and recommends approval of the license. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Plymouth that a taxi driver license is hereby issued to George Daniel Scott for the period of February 5, 1991, through December 31, 1991. The motion for adoption of the foregoing resolution was duly seconded by , and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the resolution was declared duly passed and adopted. MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: January 31, 1991 TO: James G. Willis, City Manager 19FROM: Laurie Rauenhorst y Clerk, through Frank Boyles, Assistant City Manager SUBJECT: TEMPORARY 3.2 LICENSE FOR ST. MARY OF THE LAKE ACTION REQUESTED: Adopt the attached resolution approving a temporary 3.2 license for St. Mary of the Lake Church, 105 N. Forestview Lane, for a Fun and Games Night on February 23. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 1991. The following members were present: The following members were absent: and moved its adoption: introduced the following resolution RESOLUTION NO. 91 - WHEREAS, the City has received an application for a temporary 3.2 liquor license from St. Mary of the Lake Church for a Fun and Games night on February 23, 1991, and WHEREAS, all required fees and certificates of insurance have been received. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Plymouth that a temporary 3.2 liquor license is hereby issued for St. Mary of the Lake Church, 105 North Forestview Lane, for February 23, 1991. The motion for adoption of the foregoing resolution was duly seconded by , and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the resolution was declared duly passed and adopted. RLI MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: January 30, 1991 TO: Mayor and City Council 11 FROM: James G. Willis, City Manager1 SUBJECT: REPORT ON CITY'S PROFESSIONAL AGREEMENTS 2. BACKGROUND: During the 1991 budget study sessions, the Council suggested that it would be appropriate during the coming year for the staff to review the current professional agreements for the auditor, fiscal consultant, and city attorney. The impetus for the suggestion did not appear to involve a concern about the quality of services currently received. Instead, the question was, could the same quality of service be received at a better price. As a result of the Council's direction, we have established the following schedule for requesting proposals for these professional services: 1. Auditor - Requests for Proposals will be prepared and responses will be received by June 1991. This will provide sufficient time for the 1990 audit to be completed and presented to the City Council. By July, the Council should be considering proposals for auditing services. 2. Fiscal Advisor - Prior to the next bond sale, we will prepare a request for proposal for distribution to fiscal advisors. The Council will be able to consider these proposals prior to authorizing the next bond sale. I expect this process will occur not later than September 1. 3. City Attorney - Requests for proposal will be prepared for legal services during the course of the summer and the proposals received will be supplied to the City Council prior to the 1992 budget review process. This will afford the opportunity to incorporate revisions as appropriate in the 1992 budget. FB:kec MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: January 4, 1991 TO: James G. Willis, City Manager r FROM: Frank Boyles, Assistant City Manager SUBJECT: MEMBERSHIP IN THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES q- D The Council should determine whether it wishes to continue its membership in the Association of Metropolitan Municipalities for calendar year 1991. Attached is a dues statement in the amount of $6,333. AMM President Larry Backen and Vern Peterson previously addressed the City Council on the purpose of the association and the dues requested. Continued participation in the Association of Metropolitan Municipalities may be accomplished by motion. FB:kec attachment Board of Directors-' President as ociation of Larry Bakken metropolitan Golden Valley municalities Vice President Bob Long St. Paul Past President Wafter R. Fehst December 28, 1990Robbinsdale Directors Mr. James Willis Karen Anderson City Manager Minnetonka 3400 Plymouth Blvd. DonA hworth Plymouth, MN. 55447 Chanhassen Dear Jim: Bonnie Balach St.Pau! I am privileged as President of the Association of Metropolitan Bill Barnhart Municipalities (AMM) to write this letter to transmit your 1991 Minneapolis Dues Statement. This is the AMM's 17th. year of service to metro area cities and I am proud of its record of success and Fridley P mens over ridBurns accomplishments this period of time. Fy Joan Campbell We must not rest on our laurels as we really have our work cut Minneapolis out for us during the coming year based on the projected state DaviJ0i;iCLS budget deficit and what that could mean for cities. The AMM New bn hton has been a leading lobbying force to preserve local control and to protect the ability of cities to provide essential services Marilynn Corcoran to residents. I am confident that with the additional staff Gayton person to share the workload, the AMM is well positioned to meet Sh'aronKlumpp the challenges of the 'nineties'. Oakdale Betly McCollum I look forward to working with you and your mayor and North St. Paul councilmembers during the coming year as we seek mutual objectives. The AMM is your organization and cannot succeed Bernie Peroz without your active participation and financial support. Burnsville Together the AMM works! Donald Ramstad Maple Grove Sincerely, Craig Rapp Brooklyn Park y' Tom spies LaB ken, AMM President Bloomington Golden V lley Councilmember Gloria Vierling Shakopee Gene White Prior Lake Executive Director Vern Peterson 183 university avenue east, st. paul, minnesota 55101 (612) 227-4008 ASSOCIATION OF METROPOLITAN MUNICIPALITIES 183 University Ave., East St. Paul, Minnesota 55101 DUES STATEMENT I awil 1991 Plymouth City 183 University Avenue, East St. Paul, Minnesota 55101 By recommendation of the Board of Directors, and approval by the membership the 1991 dues schedule for membership in the Association of Metropolitan Municipalities has been set at the city's 1990 AMM dues amount plus 19% (total rounded to the nearest dollar). The membership dues in the Association of Metropolitan Municipalities for the year beginning January 1, 1991 and ending December 31, 1991 are $6,333 for the City of Plymouth. I declare under the penalties of law that the foregoing amount is just and correct and that no part of it has been paid. I.a,, F Vern Peterson, Association of W-.1, E ecutive Di Metropolitan rector Municipalities The records indicate that Mayor Bergman is the designated delegate and Maria Vasiliou is the designated alternate to the Association of Metropolitan Municipalities from your city. Please inform us if our records are incorrect or if your city desires to make a change in your designated delegate/alternate status. MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: January 31, 1991 for City Council Meeting of February 4, 1991 TO: Mayor and City Council FROM: James G. Willis, City Manager' SUBJECT: CITY COUNCIL TEAM BUILDING - S K ASSOCIATES I have previously discussed possible dates for the Council team building meetings with Councilmembers. Prior to formalizing the agreement with Sumek Associates on this event, I need confirmation that the Councilmembers will be available on the afternoon of Friday, March 8 and Saturday, March 9. Those dates have been set aside by representatives of Sumek Associates. If one or more members of the Council are not able to commit to the foregoing dates, we should discuss alternative dates. JW:kec MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: January 31, 1991 TO: James G. Willis, City Manager FROM: Frank Boyles, Assistant City Manager'\ SUBJECT: REPORT ON PUBLIC MANAGER AND CALENDAR CREATOR SOFTWARE At the January 28 meeting, I advised the Council that I would provide them a report on the status of the calendar creator and public manager software for the February 4 meeting. Public Manager Software The public manager software is installed in my B28 Unisys computer. It operates through the PC Emulator which allows the Unisys equipment to run IBM or DOS-based software. Initially, there were problems in running the software in that cursor disappeared when the program was run on the Unisys equipment. I have been in touch with Tricom Associates, the developer of the software, and we have resolved this problem over the telephone. A problem still exists with respect to printing out the various reports. I expect that Jeff Hohenstein and I will address this issue in the coming weeks. Assuming that these technical problems can be resolved, the next step will be to identify the procedures which we will use in conjunction with the public manager software. For example, if we expect to centralize complaint handling to some extent, how will other city departments be integrated into this process? I expect that one or more staff meetings will be necessary to come to some conclusions on this matter. I intend to return to the Council on March 18 with this item. Calendar Creator Software The February and March calendars in the January 31 information memorandum were created with "Calendar Creator" software 4.0. We will be experimenting with the software to provide the most usable calendar to the Council. In future information memos, we will test other calendar enhancements. We would appreciate City Council feedback on changes which are desirable and those which are not. FB:kec MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: January 31, 1991 TO: James G. Willis, City Manager FROM: Frank Boyles, Assistant City Managerx SUBJECT: CONSIDERATION OF ESTABLISHING VARIOUS'COMMITTEES 1. ACTION REQUESTED: The City Council should direct the staff to: 1) prepare charges for the creation of one or more committees; or, 2) direct that existing boards or commissions undertake certain additional responsibilities; or 3) refrain from establishing new boards or commissions or expanding the Council's areas of responsibility. 2. BACKGROUND: Over the past year the Council has briefly discussed the appropriateness of creating a: 1. Community safety committee. 2. Water quality commission. 3. Drug awareness task forge. The City Council has not fully 'resolved these issues. This memorandum provides the staff perspective with regard to committee formation. COMMUNITY SAFETY COMMITTEE The impetus for the community safety committee idea was deer/vehicular accidents, stop sign requests, and snowmobile concerns. Since the initial committee discussion, the Council has addressed each individual issue. The Council received a report on deer/vehidular accidents. A consensus was not reached regarding if II or whether deer should be harvested. With or without a bommittee, this decision will be the Council's. The stop sign policy has been revised at Council direction. Since its revision I am not aware of any problems which have been encountered. CONSIDERATION OF ESTABLISHING VARIOUS COMMITTEES January 31, 1991 Page 2 Last year's snowmobile fatality increased sensitivity to this issue. There is a snowmobile association within the community which has worked cooperatively and successfully with the City in policing its members. Since 1977, the City of Plymouth has had an employee safety committee. The focus of this committee has primarily been involved with employee safety matters. Increasingly, the safety committee has addressed broader community -wide safety issues. For example, the clear sight intersection issue occurred as a result of uncontrolled intersection accidents which involved Plymouth employees. As a result of the committee's efforts, a method has been established to identify and eliminate intersection obstructions. Because of the considerable exposure found in Plymouth parks, they are inspected by loss control representatives annually. Beaches are inspected daily and parks biweekly by maintenance staff during their operating season. These efforts protect city employees and the general public as well. In 1985, the City Council adopted a Risk Management Policy attached). As a result of the policy, a Risk Management committee is established consisting of the City Manager, the Finance Director, and Risk Management Coordinator. The purpose of this committee is to consider risk management related matters which may affect the community. In short, the mechanisms are in place to address the community safety committee concerns. WATER QUALITY COMMISSION The topic of a Water Quality Commission was discussed in conjunction with Medicine Lake water quality and the Eurasian Milfoil and Purple Loosestrife discussions. The City is presently part of four different sewer and water conservation districts. Part of the responsibilities of these districts is to ensure that non -point source pollution is controlled and that water quality is maintained. The State Department of Natural Resources is responsible , at least to a partial extent, for the control of noxious weeds in water bodies. The City has historically budgeted funds for weed elimination and given financial constraints, it is not likely that this allocation can be dramatically increased. CONSIDERATION OF ESTABLISHING VARIOUS COMMITTEES January 31, 1991 Page 3 If the Council is interested in having water quality issues debated, it might be appropriate to delegate this responsibility to the Park and Recreation Advisory Commission, or develop an ongoing laison with the water management organizations. This would avoid the need for additional staffing and community representatives and the associated expenses. DRUG AWARENESS TASK FORCE The City Council has taken the position that unless, and until, school districts or other appropriate agencies, provide the City with financial assistance in the DARE program, that the program will remain status quo. In light of that position, it does not appear appropriate at this time to establish a Drug Awareness Task Force which may create added expectations leading to additional expenditures which are not likely to be funded given the current state financial situation. The DARE program is one that the Council monitors closely and attention to this subject is not likely to be improved by establishing another body. 4. RECOMMENDATIONS AND CONCLUSIONS: Given the current economy, and our own budget constraints, I do not believe it is appropriate for the City Council to create a new committees or commissions at this time. If there are specific responsibilities the Council desires to have addressed, the staff should be directed to show how these concerns can be addressed within the existing organizational format. If the Council disagrees, it should identify objectives to be achieved, the resources to be made available, and the body which should address them. The staff should then prepare a more specific report for Council discussion. FB:kec MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: January 31, 1991 TO: James G. Willis, City Manager through Frank Boyles, Assistant City Manager FROM: Helen LaFave Communications Coordinator SUBJECT: PRINTING NEWSLETTER AND RECREATION BOOKLET 1. ACTION REQUESTED: The City Council should adopt the attached resolution confirming Nystrom Printing as the Plymouth News printer through December 31, 1991. 2. BACKGROUND: In May 1990, the City Council awarded the bid for printing the Plymouth News and the recreation insert to Nystrom Publishing of Maple Grove. The staff recommendation had been to award the bid for a full 18 months (from June 1990 through December 1991). The Council instead awarded the bid for six months with an option to renew for an additional year. Seven companies submitted bids. The attached resolution shows the proposals we received. Nystrom's bid was $315 per page for printing the newsletter and $211 per page for printing the recreation insert (it is printed on a less heavy paper stock). The highest bid received was $591 per page for the Plymouth News and $436.26 per page for the recreation brochure. We asked the Council to extend the contract through December 31, 1991 in November 1990. At that time, the Council said it wanted to defer the contract extension until it had an opportunity to consider a different format for the recreation insert. On January 7, the Council decided to change the ni:mber of columns in the insert and eliminate the cover to save on pages for an approximate annual savings of $7,600. That decision did not change the page size. Therefore, the bid Nystrom submitted in May 1990 is still valid. PRINTING NEWSLETTER AND RECREATION BULLETIN January 31, 1991 Page 2 3. PRIMARY ISSUES AND ANALYSIS: I have contacted two other printers which bid on the newsletter in May 1990, (Applied Graphics/Jet Quick of Wayzata and Sexton Printing of St. Paul) to inquire as to whether there is any reason to believe that if we went out for bid now that we would receive a lower bid. Both said they thought the odds were against it because of gradually rising paper costs and labor costs. Both felt we had received a very competitive bid in May. We can go out to bid in hopes that there is a company out there needs the business to the degree that it may bid lower than Nystrom bid nine months ago. (That company must also be willing to comply with the specs and submit a bid bond or cashier's check -- which has been an obstacle for some companies.) The flip side is that bids may come in higher and we would be paying more to produce the newsletter and recreation insert. 4. RECOMMENDATIONS AND CONCLUSIONS: I recommend that the Council extend the contract with Nystrom through December 31, 1991. I have been pleased with Nystrom's turn around time, print quality and mail services. Nystrom also saves us money because they also prepare the newsletter for mailing according to postal regulations at a lower rate than any other bidders that offered that service. They charge us $75 for mailing prep for the newsletter and 150 for mailing the newsletter with recreation insert. This is considerably less than an outside mail service and also saves us turn around time. HL:kec attachment il CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was held on the 7th day of May , 19 9Q The following members were present: Ma)z,r RPrgman, Cn nrilmamharc NPIIiwPII, Ricker, V iou. and Zitur e tollowing members were absent: Non Councilmember Vasiliou introduced the following Resolution and moved its adoption: RESOLUTION NO. 90- 313 AWARD OF BID FOR PLYMOUTH NEWSLETTER WHEREAS, pursuant to an advertisement for bids for printing the City newsletter; and bids were received, opened, and tabulated according to law, and the following bids were received complying with the advertisement: PLYMOUTH NEWSLETTER BID TABULATION FOR 1990 PRODUCTION JUNE 1990 - DECEMBER 1991 Desktop - Per Page for Per Page Cashier's Desktop - Per Per Page 6 -Page Printing for Check/Bid Page Cost for Printing Cost Newsletter 6 -Page with Bond 4 -Page for 4 -Page with 32 -Page 32 -Page Rec. Vendor Submitted Newsletter Newsletter Rec. Insert Insert Nystrom Publishing of Maple Grove Yes 42.00 315.00 38.00 211.00 Artcraft Press of Minneapolis Yes 33.75 321.00 33.60 213.40 Sentinel Printing of St. Cloud Yes No Bid 399.00 No Bid 255.13 Horizon Graphics of Eden Prairie Yes 150.00 443.50 150.00 288.66 Precision Graphics of Plymouth Yes 60.50 334.00 58.50 230.30 Sexton Printing of St. Paul Yes 61.75 364.70 25.55 234.95 Applied Graphics of Wayzata Yes 90.20 591.00 53.00 436.26 RESOLUTION NO. 90- 313 Page 2 WHEREAS, it appears that Nystrom Publishing of Maple Grove is the lowest responsible bidder. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The Mayor and City Clerk are hereby authorized and directed to enter into the attached contract with Nystrom Publishing of Maple Grove, in the name of the City of Plymouth for the printing of the Plymouth newsletter commencing with the June/July issue and running through December 1991 in accordance with the bid submitted May 2, 1990. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. The motion for adoption of the foregoing Resolution was duly seconded by Couprilmember r , and upon vote being taken thereon, the o owing voted in favor thereof: Mayor Bergman, Councilmembers Helliwell, Ricker, r The following voted against or abstained: None Whereupon the Resolution was declared duly passead nd a dopte CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19_. The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 90 - NEWSLETTER PRINTING CONTRACT WHEREAS, in May 1990, Nystrom Publishing submitted the low bid for printing the City newsletter and bids were received, opened, and tabulated according to law; and WHEREAS, the City Council awarded the bid for printing the City newsletter to Nystrom Publishing with an option to renew through December 31, 1991. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the City Council authorizes the extension of the contract with Nystrom Publishing of Maple Grove for the printing of the City newsletter through December 31, 1991. The motion for adoption seconded by vote being taken thereon, of the foregoing Resolution was duly and upon the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted.