HomeMy WebLinkAboutCity Council Packet 07-23-2002CITY OF PLYMOUTH
AGENDA
REGULAR COUNCIL MEETING
JULY 23, 2002, 7:00 p.m.
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PLYMOUTH FORUM—Individuals may address the Council about any item not contained
on the regular agenda. A maximum of 15 minutes is allotted for the Forum. If the full 15
minutes are not needed for the Forum, the City Council will continue with the agenda. The
City Council will take no official action on items discussed at the Forum, with the exception of
referral to staff or Commission for future report.
4. PRESENTATIONS AND PUBLIC INFORMATION ANNOUNCEMENTS
4.01 Proclaim Falun Dafa Week in Plymouth, recommended by Plymouth Human Rights
Commission (Councilmember Sandy Hewitt)
4.02 Proclaim August 6 as “National Night Out” (Public Safety Education Specialist Sara
Cwayna)
5. APPROVE AGENDA—Councilmembers may add items to the agenda including items
contained in the Council Information Memorandum for discussion purposes or staff direction
only. The Council will not normally take official action on items added to the agenda.
6. CONSENT AGENDA—These items are considered to be routine and will be enacted by one
motion. There will be no separate discussion of these items unless a Councilmember or citizen
so requests, in which event the item will be removed from the Consent Agenda and placed
elsewhere on the agenda.
6.01 Approve proposed City Council Minutes
6.02 Approve Disbursements (Res2002-330)
6.03 (This item was removed from the Consent Agenda and placed under General Business
as item No. 8.2)
REGULAR COUNCIL MEETING
July 23, 2002
Page 2
6.04 Approve Variance for 28.3 percent impervious surface coverage for a 12-foot by 17-
foot addition for property located at 11620-45th Avenue North. Finnamore Building
Corporation. (2002074 – Res2002-331)
6.05 Receive second quarter financial report
6.06 Approve Deer Management Program for 2002 (Res2002-332)
6.07 Declare costs and set public hearing for 2002 delinquent water, sewer, recycling,
surface water fees, and street lighting service charges (Res2002-333 & Res2002-334)
6.08 Approve Change Order No. 2 for Cheshire Lane bridge and street improvements (9006
Res2002-335)
6.09 Approve plans and specifications and order advertisement for bids for Old Rockford
Road trail, Holly Lane to Peony Lane (2010 – Res2002-336)
6.10 Award contract for Fire Station No.3 parking lot reconstruction (1010 – Res2002-337)
6.11 Approve Reduction in Financial Guarantee for Holly Creek Village Addition (97011 –
Res2002-338)
6.12 Order Public Hearing to consider the Vacation of drainage and utility easement,
driveway easement, and water access easement within Lot 1, Block 1, of Winnen
Addition (Res2002-339 & Res2002-340)
6.13 Receive petition, order and receive preliminary engineering report, and order
streetlight improvements for Summer Creek Addition (Res2002-341 & Res2002-342)
REGULAR COUNCIL MEETING
July 23, 2002
Page 3
6.14 Approve amendments to the Suburban Transit Association bylaws (Res2002-343)
7. PUBLIC HEARINGS
7.1 Approve on–sale 3.2 Malt Liquor License for C.I.A.O., Inc. d/b/b Broadway Pizza,
4190 Vinewood Lane, Suite 120 (Res2002-344)
7.2 Approve On–Sale and Sunday Intoxicating Liquor License for Pirosmani, Inc. d/b/a
Pirosmani, 1115 Vicksburg Lane (Res2002-345)
7.3 Approve Vacation of a street and utility easement for Glacier Vista (Res2002-346)
7.4 Approve Disposition of unneeded City right-of-way, Trunk Highway No. 383
renumbered 169 located north of 45th Avenue west of Trunk Highway 169 (Res2002-
347)
8. GENERAL BUSINESS
8.1 Approve sale of City Owned Property at 3225 County Road 101 (Res2002-348)
8.2 Approve Final Plat and Development Contract for "Killian's Gate" for four single-
family lots on property located at 12795-6th Avenue North. Coldwell Banker Burnet.
2002027F) (This item was previously item No. 6.03) (Res2002-349)
9. REPORTS AND STAFF RECOMMENDATIONS
10. ADJOURNMENT
it is not a religion. Falun Dafa is offered to
anyone, free of charge. Its principles are based on Truth, Compassion, and Tolerance. The
practice of Falun Dafa began in China in 1992 and was brought to Minnesota in 1998.
Plymouth was the first practice site in Minnesota.
Falun Dafa practitioners are facing persecution in China. A proclamation of Falun Dafa
Week would give more Plymouth residents an awareness of Falun Dafa. The practitioners’
relatives and friends who live in China and are threatened by persecution would also get a
sense of support from the proclamation. Similar proclamations of support have been adopted
by the U.S. Congress, the cities of Minneapolis and St. Paul, and international human rights
watch groups.
Councilmembers Hewitt and Black have met with the residents and/or researched the
material. They have indicated their support of a proclamation.
RECOMMENDATION: The Plymouth Human Rights Commission recommends that the
Council proclaim August 5-9 as Falun Dafa Week in Plymouth.
23,2002
1.
2.
3.
ACTION REQUESTED: Proclaim August 5-9 as Falun Dafa Week in Plymouth.
BACKGROUND: Several Plymouth residents have requested that the City recognize Falun
Dafa Week. The Plymouth Human Rights Commission has met with the group and
researched the history and practice of Falun Dafa. Falun Dafa is a traditional Chinese
discipline that includes exercise and meditation
11,2002, for City Council meeting of July
kr, on behalf of the
Plymouth Human Rights Commission
SUBJECT:Proclamation of Falun Dafa Week
DATE:July
Mana
I
TO:
FROM:
Dwight D. Johnson, City Manager
Laurie Ahrens, Assistant City
Agenda Number:
www.ci.plymouth.mn.us
BeautifdT~ace’l-o Live
3400 PLYMOUTH BOULEVARD ?PLYMOUTH, MINNESOTA 55447-1482 ??TELEPHONE (763) 509-5000
PtYM0UT t-t
PROCLAMAT ION
WHEREAS, Falun Dafa, also known as falun gong, is a systemfor improving themind
and body through peaceful exercises andmeditation which began in China in 1992; and
WHEREAS, millions of people are practicing Falun Dafa inmore than 40 countries
today; and
WHEREAS, Plymouth was the first site in Minnesota where Falun Dafa was introduced
in 1998 and volunteers continue to practice and teach Falun Dafa today at no cost to
participants; and
WHEREAS, following significant growth of the practice, the Chinese government
banned Falun Dafa in 1999 and began persecuting itsestimated70 million practitioners
inside China; and
WHEREAS, Falun Dafa practitioners have received supportfrommany organizations
including the United States Congress, Human Rights Watch, Amnesty International,
United Nations groups, andmany cities in the United States; and
WHEREAS, Plymouth residents have requested that the City recognize Falun Dafa
week and the Plymouth Human Rights Commission has recommended that the City
Council adopt a proclamation.
NOW THEREFORE, BE IT RESOLVED that I hereby proclaimAugust 5-9 to be
FALUN DAFA WEEK
in the City of Plymouth.
Mayor Joy Tierney
PLYMOUTH
OCCITYbF
6,2002 as “NATIONAL NIGHT OUT” in Plymouth.
Mayor Joy Tierney Date
City Clerk Date
6,2002.
FURTHER, LET IT BE RESOLVED THAT I, MAYOR TIERNEY, do hereby proclaim
Tuesday, August
19* Annual National
Night Out” on August
19* Annual National Night Out ” provides a valuable opportunity for the City of
Plymouth to join forces with thousands of other communities nation-wide to promote crime
prevention and community safety; and
WHEREAS, residents and businesses play a vital role in assisting the Plymouth Police Department
and the City with joint crime prevention and safety initiatives and come together to host “National
Night Out 2001 ” locally; and
WHEREAS, city/community partnerships promoting crime prevention and neighborhood safety,
are important themes of the “National Night Out” program;
WHEREAS, it is essential that all citizens of Plymouth be aware of the importance of crime
prevention and life safety programs and the impact that their participation in them has on reducing
crime and enhancing livability in the City; and
NOW, THEREFORE I,Mayor Joy Tiemey, do hereby call upon the citizens of Plymouth to Join
the City and the National Association of Town Watch in supporting the
6,2002 entitled “National Night Out”;
and
WHEREAS, the
NATW) is sponsoring a unique, nationwide
crime prevention and community safety program on August
l?ROCLAMA’TION
WHEREAS, the National Association of Town Watch
Coldwell Banker Burnet, stated he is representing Mr. Kariniemi, and
signed documents would be presented to Ms. Griffith tomorrow.
Ms. Griffith explained that Mr. Kariniemi’s first offer was contingent upon an inspection.
She recommends to her clients to accept offers that have no contingencies which is why
she recommended the purchase offer from the Middendorfs at the June 25 Council
meeting.
Councilmember Black asked if the Middendorfs had an opportunity to counter the
Kariniemi offer. Ms. Griffith replied no.
City Manager Johnson noted that the Kariniemi counter offer was just received late this
afternoon.
1,896.43.
She noted that the financing papers for Mr. Kariniemi needed to be signed by Mr.
Kariniemi.
Scott Frank, from
22
213,437.67.
Richard Kariniemi:Offer of $233,500 with the net being to the City after selling
expenses
Middendorf:Offer of $220,000 with the net being to the City after
selling expenses
9,2002
A Special Meeting of the Plymouth City Council was called to order by Mayor Tierney at
6: 10 p.m. in the Public Safety Training Room, 3400 Plymouth Boulevard, on July 9,
2002.
COUNCIL PRESENT: Mayor Tierney, Councilmembers Hewitt, Harstad, Slavik, Stein
and Black.
ABSENT: Councilmember Johnson.
STAFF PRESENT:City Manager Johnson, Assistant City Manager Ahrens, Community
Development Director Hurlburt, Public Works Director Faulkner, Housing Manager
Barnes, City Attorney Knutson, and City Clerk Paulson.
Discuss Offers on 3030 County Road 101
Therese Griffith, from Bedrock Real Estate, presented the following purchase offers that
had been received for City owned property at 3030 County Road 101:
Brad and Nicole
Proposed Minutes
Special Council Meeting
July
Hurlburt stated the 4:00 p.m. deadline was discussed
after the June 25 Council meeting in order to determine how to proceed for this evening’s
meeting. With a 4:00 p.m. deadline, it would provide Ms. Griffith an opportunity to
analyze the offers and make copies of the purchase offers for the Council. This deadline
doesn’t preclude anyone from presenting a purchase offer at tonight’s regular Council
meeting unless the Council would close the offers prior to that time.
Councilmember Black suggested that the Council establish a deadline for purchase offers.
website.
City Attorney Knutson stated this is not a bidding process. He stated the City has
received two offers on the subject property, and the Council would make a determination
on which purchase offer to accept.
Nicole Middendorf reiterated that Mr. Kariniemi had the opportunity to review their
purchase offer.She stated they were also informed that there was a deadline of 4:00 p.m.
today for any purchase offers to be presented to the City.
Community Development Director
website. Therefore,
Mr. Kariniemi had the opportunity to review their figures and prepare a counter offer.He
indicated that usually prospective buyers are not able to know the variables and other
contingencies from other prospective buyers. He stated at the June 25 meeting, there was
a memorandum from staff as well as from Ms. Griffith in the packet materials that
recommended the Council accept their purchase offer. He noted that originally, they
made two offers on this property, but a staff committee rejected them. He stated they
were informed that their purchase offer had to meet the City’s asking price.He stressed
that this process appears to be more of a bidding process rather than a confidential real
estate transaction.
Mayor Tierney stated any documents pertaining to the sale of this property are considered
public which explains why their purchase offer was included in the June 25 packet
materials as well as on the City’s
9,2002
Page 2 of 3
Mayor Tierney asked Ms. Griffith if it would be possible for the Middendorfs to provide
a counter offer this evening. Ms. Griffith replied yes.
City Attorney Knutson recommended that the Council make a determination as to when
they wish to close the offers.
Brad Middendorf explained that they were just made aware that Mr. Kariniemi presented
a counter offer. He explained that their purchase offer was presented to the Council at
the June 25 meeting, and that offer was made public on the City ’s
Proposed Council Minutes
Special Meeting of July
6:42 p.m. With all members voting in favor, the motion carried.
Sandra R. Paulson, City Clerk
by Councilmember Slavik, and seconded by Councilmember Black, to
adiourn the meeting at
Study Sessions
Councilmember Hewitt requested that the Council schedule a Study Session to discuss
withdrawing from the Northwest Hennepin Human Services Council. With more than
three Councilmembers in support of discussing this item, the Council scheduled a Special
Meeting on August 13 at 5:00 p.m.
Adiournment
Motion was made
6:55 p.m. this evening. With all members voting in favor, the motion
carried.
Schedule Future
by Councilmember Black, and seconded by Councilmember Harstad,
to close all offers at
9,2002
Page 3 of 3
Mr. Frank stated Mr. Kariniemi was originally notified that the Middendorf s initial offer
was rejected, so he submitted a bid. Mr. Kariniemi had the high offer until the
Middendorfs submitted another purchase offer. Therefore, Mr. Kariniemi never had an
opportunity to present a counter offer.
Councilmember Black stated the Council has the responsibility to accept the best
purchase offer. She stressed that the City is a public entity so all information is
considered to be public unless it’s client/attorney privilege information.
Motion was made
Proposed Council Minutes
Special Meeting of July
Plvrnouth News environmental section.
Deb McCullough, den leader, thanked City Forester Buck as well as the Department of
Agriculture for their assistance.She also thanked the Council for allowing their troop to present
their project.
The Council thanked the students for their presentation.
2. He explained this
group recently won a certificate of achievement for innovative methods in educating the public
on garlic mustard and buckthorn.He stated they would be displaying signs at the yard waste site
so residents don’t haul in these plants. In addition, they have been asked to participate in the
City’s Plymouth on Parade and the Spring Lawn and Garden Show events.
Members of the pack discussed the plants and how they are endangering native plant life and
how to control the plants. They requested the City assist their efforts by placing an article in the
2, on Garlic Mustard and
Buckthorn
City Forester Buck introduced Cub Scout Pack 388, Den 12, Webelos
9,2002.
COUNCIL PRESENT: Mayor Tierney, Councilmembers Hewitt, Harstad, Black, Slavik, and
Stein.
ABSENT: Councilmember Johnson.
STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Fire Captain Hurr,
Finance Director Hahn, Housing Manager Barnes, City Forester Buck, Community Development
Director Hurlburt, Traffic Engineer Stueve, Park Superintendent Peterson, Lieutenant Franz, City
Attorney Knutson, and City Clerk Paulson.
Plymouth Forum
No one was present to address the Council.
Presentations and Public Information Announcements
4.01) Presentation by Cub Scout Pack 388, Webelos
9,2002
Mayor Tierney called a Regular Meeting of the Plymouth City Council to order at 7:00 p.m. in
the Council Chambers of City Hall, 3400 Plymouth Boulevard, on July
Proposed Minutes
Regular Council Meeting
July
Res2002-
303).
28,2002
Agenda which included the followinn items:
6.01) Special and Regular Council Minutes of June 25.
6.02) Resolution Approving Disbursements for the Period ending June
by Councilmember Hewitt, to
approve the amended Consent
by Councilmember Slavik, and seconded
Agenda
Mayor Tierney asked if there were any additions, corrections, or deletions to be made to the
Consent Agenda.
Councilmember Black requested to remove item No. 6.21 and place it under General Business as
item No. 8.4.
Councilmember Harstad requested to remove item No. 6.16 and place it under General Business
as item No. 8.5.
Councilmember Stein requested to remove item No. 6.24 and place it under General Business as
item No. 8.6.
Motion was made
Agenda
Mayor Tierney requested the Council reverse the order of item No’s. 8.1 and 8.2 under General
Business.
City Manager Johnson reported that the Council would not be discussing withdrawing from the
Northwest Hennepin Human Services Council this evening. The Council has scheduled a
Special Meeting to discuss this item.
Motion was made by Councilmember Slavik, and seconded by Councilmember Black, to
approve the amended agenda. With all members voting in favor, the motion carried.
Consent
Hazelden Center for Youth and Families’ Annual Easy Does it Race. He
discussed their programs that assist youth who are between the ages of 14 and 25, who are
chemically dependent. He also discussed their programs that assist families who need financial
assistance to participate in their programs.
Approval of
Hazelden thanked the City and Mayor Tierney for the
continued support of
Hazelden
Jim Steinhagen, Executive Director of
9,2002
Page 2 of 13
4.02) Presentation by Jim Steinhagen, Executive Director of
Proposed Council Minutes
Regular Meeting of July
Res2002-3 18).Vinewood Lane
Res2002-3 17).
6.15) Resolution Approving 2002 Tobacco License for Rainbow Foods Fuel Center at 4190
Res2002-3 16).
6.14) Resolution Approving a Fire Lane Variance for Continental Property Group for the
Property located at 2300 Berkshire Lane (2002044
Res2002-3 15) and a Resolution Adopting Assessments for Sanitary
Sewer and Watermain Area for Hidden Terrace Townhomes (2030
46th
Place North (200 1107-F-
Res2002-3 14).
6.12) Approval of revisions to the Guidelines for the Plymouth Economic Development Fund
Revolving Loan Program.
6.13) Resolution Approving Final Plat and Development Contract for SVK Development, Inc.
for “Hidden Terrace Townhomes” located approximately 600 feet east of Fernbrook Lane on
Res2002-3 13).
6.11) Resolution Approving Site Plan Amendment and Drive Aisle Setback Variance to allow
Enclosure of a Patio at the Green Mill located at 2705 Annapolis (2002068
Shelard Parkway (2002064
Res2002-3 12).
6.10) Resolution Approving Site Plan Amendment and Drive Aisle Setback Variance for an
Expansion to Willow Creek Theatre located at 9900
Sunroom Addition for Jim McNally for
Property located at 1845 Ithaca Lane North (2002060
Res2002-3 11).
6.09) Resolution Approving a Variance for Impervious Surface Area Coverage in the Shoreland
Management Overlay District to allow Construction of
Res2002-3 10).
6.08) Resolution Approving a Side Yard Setback Variance for Keith and Kathryn Waaraniemi
for Property located at 11800 Sunset Trail (2002059
Res2002-309), and a Resolution Adopting Assessments for Sanitary
Sewer and Watermain Area for the Reserve Second Addition (2031
2”d Addition for Property located West of I-494 and North of the Canadian Pacific
Railroad (2002054-F
Plat and Development Contract for Rottlund Homes for the
Reserve
Res2002-308).
6.07) Resolution Approving Final
Plymouth-
Minnetonka Rotary Club
Res2002-307).
6.06) Resolution Finding No Objection to Lawful Gambling Exemption for
Res2002-306), and a Resolution
Adopting Assessments for Sanitary Sewer and Watermain Area for Paula ’s Place (2025
17F
Res2002-305).
6.05) Resolution Approving a Final Plat and Development Contract for MIM Enterprises for
Paula’s Place located at 2220 County Road 10 1 (200 10
Res2002-304).
6.04) Resolution Approving Wetland Mitigation and Replacement Plan for Timber Creek
Crossing (2002224
9,2002
Page 3 of 13
6.03) Resolution Approving Award of Bid for Mud Lake Neighborhood Park
Proposed Council Minutes
Regular Meeting of July
Res2002-
324).
Councilmember Black commended the Police Department for their proposed participation in the
Checkpoint Security Program (item No. 6.25).
Councilmember Harstad requested that regarding item No. 6.12, staff provide a future report to
the Council on the purpose, performance criteria, function, information on legislation, and
lender-by-lender report to the Council.
lSf Avenue.
6.24) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.6).
6.25) Resolution Authorizing the Mayor and City Manager to enter into an Agreement with the
Metropolitan Airports Commission to participate in the Checkpoint Security Program
36* Avenue to 3
Res2002-329).
6.23) Approve striping plan for Pilgrim Lane from
45th Avenue North (20 149
2002- 164 for Approval of a Site Plan, Conditional Use Permits,
Interim Use Permit, and a Variance located at the Northeast Quadrant of the Intersection of
Nathan Lane and
Res2002-323) and a
Resolution Replacing Resolution
45ti Avenue North (20 149
18-Unit Apartment Complex located at the Northeast Quadrant
of the Intersection of Nathan Lane and
Res2002-322).
6.21) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.4).
6.22)Resolution Replacing Resolution 2002-l 63 for Approval of a Preliminary and Final Plat
for Sand Companies, Inc. for a 3
Res2002-
321).
6.20)Resolution Ordering Public Hearing on the Disposition of Real Property for Trunk
Highway No. 383 Renumbered 169 Right-of-Way
Office FRED Project
Res2002-320).
6.19) Resolution Authorizing the City Council and the City Manager to Accept a FAX Machine
for the Police Department from the Hennepin County Attorney’s
Conor Meadows Neighborhood
from 8 a.m. to 2 p.m. School Days
Res2002-3 19).
6.18.) Resolution Authorizing “No Parking” Restrictions in the
9,2002
Page 4 of 13
6.16) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.5).
6.17) Resolution Approving Reduction in Required Financial Guarantee for the Reserve (20092
Proposed Council Minutes
Regular Meeting of July
Drug Store No. 79, for Tobacco Compliance Check Violation.
Councilmember Slavik noted that the licensee was willing to accept the presumptive penalty for
their second offense.
There being no further discussion and with all members voting in favor, the motion carried.
General Business
8.2) Purchase Offers for City Owned Properties at 3030 County Road 101 and 3225
County Road 101
Therese Griffith, from Bedrock Real Estate, reported on the two purchase offers received for
City owned property at 3030 County Road 101. She stated Brad and Nicole Middendorf have
presented a purchase offer of $228,750 with a net price to the City after selling expenses of
Snyder15-Day License Suspension for
by Councilmember Black, to adopt a
Resolution Imposing. a Civil Penalty of a $750 Fine and a
Barsto explained Ms.
Headman received a $50 fine, and it was waived.He indicated their intent to participate in the
City’s Best Practices Program.
There being no one else wishing to appear before the Council to give testimony, Mayor Tierney
declared the public hearing closed.
Motion was made by Councilmember Slavik, and seconded
Barstow, Store Manager and Nancy Headman, the store clerk who was charged in the
incident, appeared before the Council to admit their wrongdoing. Mr.
15-day license suspension for a second violation for a non-participating
best practice establishment. He noted that the store clerk was charged in District Court with a
misdemeanor for selling tobacco to a minor.
Mayor Tierney opened the public hearing for testimony.
Ron
1,2002 in which the store clerk sold
tobacco products to a minor. He explained Section 1150.10, Subd. C, outlines a presumptive
penalty of $750 and a
79,4132 Lancaster Lane
North
Lieutenant Franz reported on the second tobacco compliance check violation by Snyder Drug
Store No. 79. He stated the offense occurred on April
Snyder Drug Store
9,2002
Page 5 of 13
The motion carried to approve the amended Consent Agenda.
Public Hearings
7.1) Tobacco Compliance Check Violation
Proposed Council Minutes
Regular Meeting of July
6:55 p.m. deadline for counter offers.
There being no further discussion and with all members voting in favor, the motion carried.
City Manager Johnson noted that there have been no purchase offers received for 3225 County
Road 101.
8.1) Neighborhood Traffic Calming Program
Traffic Engineer Stueve presented to the Council the proposed Neighborhood Traffic Calming
Program. She stated this program is designed to address traffic concerns on local and minor
collector streets in residential areas by using education, enforcement and engineering efforts,
which would be implemented in a systematic two-phase process. Educating the public on traffic
issues is the first phase of the process. She stated education and enforcement efforts are effective
tools that can be used to change the attitude and behavior of drivers with minimal costs. During
this phase, the City would also consider non-physical roadway changes such as pavement
markings and signing to change drivers ’ habits or increase awareness. If these efforts wouldn ’t
Res2002-3271.
Councilmembers Stein and Hewitt stressed that the Middendorf offer provides the highest
proceeds to the City. They also reiterated that both parties were present at the Special Council
Meeting this evening and were aware of the
6:55 p.m. deadline.
She also asked Scott Frank, who represented Mr. Kariniemi at the Council ’s Special Meeting, if
they were going to submit a counter offer, and Mr. Frank replied no.
Mr. Frank stated that staff had a deadline of 4:00 p.m. today for all offers, and Mr. Kariniemi had
the highest purchase offer at that time.
Motion was made by Councilmember Stein, and seconded by Councilmember Hewitt, to adopt a
Resolution Accepting the Purchase Offer from Brad and Nicole Middendorf for 3030 County
Road 10 1
6:55 p.m. was the deadline for counter
offers.
Ms. Griffith stated the Middendorf s submitted their counter offer prior to the
6:55 p.m. He
stated Mr. Kariniemi would like the opportunity to submit a counter offer, but Ms. Griffith was
still working on the Middendorf s offer at 7: 10 p.m.
Mayor Tierney stated that both parties were noticed that
Coldwell Banker Burnet Realty, representing Mr. Kariniemi, stated it was
brought to their attention this evening that they could submit a counter offer by
6:55 p.m. She commented that the seller ’s costs are less for the
Middendorf offer as there is no agent.
John Wichmann, from
1,896.43.She noted that the Council conducted
a Special Meeting prior to the Regular Meeting this evening, and the Council set a deadline for
all purchase offers at
222,078.17.She stated Richard Kariniemi has presented a purchase offer of $233,500 with a
net price to the City after selling expenses of $22
9,2002
Page 6 of 13
Proposed Council Minutes
Regular Meeting of July
9,2002
Page 7 of 13
be effective in solving the traffic problem, engineering solutions, which involve structural
roadway treatments and all-way stop control at intersections, may be considered.She stated
those properties that abut the roadway would be assessed 75% of the cost for traffic calming
measures with the remaining 25% being assessed to adjacent residents in the area that would
benefit from the traffic calming measures.In addition, in order to petition for a stop sign, 75%
of the property owners within 500 feet of the intersection or properties that reasonably access the
intersection would need to sign the petition.
Councilmember Harstad asked if there would be an engineering solution to the problem, would
100% of the costs be assessed directly to the impacted properties.Public Works Director
Faulkner replied yes; however, staff is still “fine tuning” the costs.
Councilmember Harstad suggested that this information be printed on the petition so residents
are aware of the assessments.
Councilmember Hewitt thanked staff for the report.She asked what the process would be to
request enforceable 25 mph for one-half mile roadways. Traffic Engineer Stueve replied that
would be a non-physical roadway change so a petition process wouldn ’t be necessary. She stated
residents would complete steps one through three under the Phase I section of the policy.
Councilmember Slavik requested that the language regarding speed limits be “stronger” in the
language of the new policy. This would include information on the new legislation for the
enforceable 25 mph for one-half mile roadways.
Councilmember Black stated she is uncomfortable with the language “any interested resident”
contained in Step 1 of the First Phase process. She stated there would be a lot of staff time
involved for just one resident’s request. Traffic Engineer Stueve stated that is staffs current
policy.
Councilmember Harstad asked if staff is behind in analyzing requests.Traffic Engineer Stueve
replied staff can only collect data during the summer, and currently staff is two to three weeks
out in collecting data.
Mayor Tierney voiced her concern that the City wouldn’t be assessing the offenders.She noted
that speed humps would be included in the new policy, and she asked if residents are required to
pay the costs to have the speed humps removed.
Public Works Director Faulkner stated the benefited area would be required to pay for the speed
hump costs as they would be improving the quality of life in the immediate neighborhood.
Councilmember Stein stated he doesn’t support speed humps, and he would prefer to implement
this new program without the speed hump component. He stated no one wants to pay for the
costs of speed humps, and no one wants to drive over them. He would like to keep the speed
Proposed Council Minutes
Regular Meeting of July
signage and traffic control devices throughout the City
and provide for safer and more livable neighborhoods, guidelines should be established.”
Res2002-3261.
Councilmembers Slavik and Hewitt requested that the following paragraph be removed under
Program Criteria:
The City Council understands that because of the emotional situation often associated with
some requests, it is sometimes difficult to analyze such requests using rational criteria. To
enhance the City Council’s ability to use rational criteria in evaluation these requests and
minimize the installation of unnecessary
by Mayor Tiernev, to adopt a
Resolution Authorizing the Implementation of the City of Plymouth’s Neighborhood Traffic
Calming Program and Revisions to the City’s Current Policy Concerning Requests for Stop Sign
Installations
9,2002
Page 8 of 13
hump moratorium, which would give the City a year to analyze the results of the new
Neighborhood Traffic Calming Program.
Traffic Engineer Stueve stated she doesn’t envision many requests for speed humps as the
residents would need to pay for them, and they would need more support from the neighborhood.
Mayor Tierney agreed with Councilmember Stein to keep the moratorium in place for the speed
humps while the Council considers other traffic control measures. She stated constructing speed
humps with a height of four inches is disastrous, but she noted that the policy would require that
they be three inches in height. She also commented that she likes the idea of moving speed
trailers around the City.
Traffic Engineer Stueve stated that the installation of stop signs would be exempt from special
assessment costs. Only structural roadway changes, including speed humps, would be assessed.
Councilmember Harstad stated regarding steed trailers, there is the technology available to add a
camera to the trailer and dial it in to the 85 percentile. The City wouldn’t only have a record of
a person speeding but their picture as well. He also stated in the proposed policy, there could
only be one vote per household for a petition. He indicated that not all occupants of the
household would agree on every issue. Therefore, perhaps there could be “half votes” for two
person adult households.
Mayor Tierney asked how many speed trailers does the City currently have and would there be a
need to have more. Lieutenant Franz stated the City currently has one speed trailer, and that
trailer is placed in those areas addressed by the Engineering Department. Traffic Engineer
Stueve added she doesn’t see a need for two speed trailers.
Mayor Tierney reiterated her concern with installation of speed humps, and she encouraged the
Council to avoid them whenever possible.
Motion was made by Councilmember Black, and seconded
Proposed Council Minutes
Regular Meeting of July
by Councilmember Hewitt, to remove
the speed hump section from the policy and insert the language the City prohibits the use of
speed humps as a traffic-calming device.
Councilmember Stein stated if speed humps were included in the program, residents would view
this measure as an option. He questioned the need to include speed humps in the policy until the
moratorium is lifted.
Councilmember Black stated she believes residents would still request speed humps even if it
wasn’t included in the policy. Therefore, she supports including speed humps in the policy with
guidelines and place a moratorium on them.
Mayor Tierney stated it would be difficult to have a moratorium on speed humps if the language
is removed from the policy.
Councilmember Stein stated the educational effort of this program should be given an
opportunity before reviewing requests for speed humps. He supports the language that the City
prohibits the use of speed humps as a traffic-calming device. Citizens would then be made
aware that they are not an option.
Councilmember Harstad stated he agrees with Councilmember Black. He stated even if speed
humps would be petitioned, there would basically be a two-year process, and the residents would
be assessed for the costs of the speed humps. He stated he doesn ’t support speed humps, but if
by Mayor Tierney, and seconded by Councilmember Hewitt, to approve the
requested amendment as noted above. With all members voting in favor, the motion carried.
Motion was made by Mayor Tierney, and seconded by Councilmember Black, to include
language in the policy regarding enforcing 25 mph in those areas that under one-half mile. With
all members voting in favor, the motion carried.
City Manager Johnson stated if it’s the Council’s desire to maintain the moratorium on speed
humps for another year, it wouldn’t be an amendment to the text of the policy but rather an
amendment to the main motion.
Councilmember Stein reiterated his desire to remove the speed hump section from the policy.
Traffic Engineer Stueve noted that in the policy, the Council would maintain discretion on what
restrictions and regulations that would apply to a public street regardless of the outcome of the
traffic analysis and neighborhood petition.
Mayor Tierney stated if that is the case, the Council could leave the speed hump section in the
policy and continue the moratorium.
Motion was made bv Councilmember Stein, and seconded
9,2002
Page 9 of 13
Motion was made
Proposed Council Minutes
Regular Meeting of July
8th Avenue could, as it is a very self-contained
neighborhood.
Public Works Director Faulkner stated speed humps are more effective on a minor collector
street where there is a residential neighborhood, and the drivers outside of the neighborhood are
traveling at excess speeds. The benefit would be to the residents who requested the speed hump.
City Manager Johnson stated he is more concerned about emergency vehicle access to the minor
collector streets, with regard to the impact of speed humps.
Councilmember Black stated according to the proposed policy, there would be a full educational
effort for a year before the Council would consider any structural changes to roadways.She
reiterated that it would be better to have speed humps included in the policy in a comprehensive
way. If necessary, the Council could always place a moratorium on speed humps in the future.
Councilmember Slavik stated she wouldn’t support the motion.She stated that there would be a
long process to request speed humps, but there could be instances throughout the City where they
could be a viable solution. She noted that the use of speed humps on Niagara Lane appear to
have solved the problem for the neighborhood.
The Council voted on the amendment and with all members voting against the motion but Hewitt
and Stein, and motion failed.
Motion was made by Councilmember Harstad. and seconded by Councilmember Black to amend
the include language on the petition that the costs for any structural changes to roadways would
19* Avenue wouldn’t have received speed humps, if
the new policy had been in place, but
8* Avenue).
Mayor Tierney asked how that would apply to South Shore Drive since that is a minor collector
street.City Manager Johnson replied it would apply prospectively not retrospectively.
Therefore, South Shore Drive, Niagara, and
9,2002
Page 10 of 13
there were no other viable solution during that two-year period of time, the Council would still
consider it.
Councilmember Stein noted that not only is the Council divided on whether they support speed
humps, but neighborhoods are also divided. Those that don’t want speed humps are just angry
once they are constructed. He feels that the City should prohibit the use of speed humps, as there
are other measures to enforce traffic rules without the use of speed humps and narrowing
roadways.He stated rather than assessing neighborhoods for the cost of speed humps, the City
should hire police officers to only serve as traffic control officers.He believes a successful
educational effort would solve the majority of the traffic control problems i.e. drivers not
stopping at stop signs, with minimal cost to the City.
City Manager Johnson suggested that there be no speed humps on minor collector streets but still
allow them under the conditions noted in the policy as a possibility for very residential streets
i.e.
Proposed Council Minutes
Regular Meeting of July
Res202-3281.With all members voting in favor, the motion carried.
adopt a
Resolution Authorizing Participation in the League of Minnesota Cities NPDES Phase II Guide
Plan
Plvrnouth and the Hilde Performance Center.
Mayor Tierney voiced her support for the contribution.
There being no further discussion and with all members voting in favor, the motion carried.
8.4) Consideration of Participation in League of Minnesota Cities National Pollutant
Discharge Elimination System Phase II Guide Plan
Councilmember Black commented that this program is targeting cities, but the watersheds would
have the authority to over ride the cities.She stated there is nothing committing the watersheds
to participate with any plan that the City would develop.
Motion was made by Councilmember Black, and seconded by Councilmember Hewitt to
Anniversarv publication relating to Music
OO*
100th Anniversary Publication
Motion was made bv Councilmember Black. and seconded by Councilmember Hewitt, to
approve the contribution of $2,000 for a display ad in the Minnesota Orchestra’s 1
signage, except where required, the following guidelines are
adopted.” The friendly amendment was accepted.
There being no further discussion and with all members voting in favor, the motion carried.
Councilmember Black requested that amended copies of the Neighborhood Traffic Calming
Program and the Stop Sign Policy be provided to the Council.
8.3) Joint Contribution with Plymouth Civic League and Al Hilde, Jr. for the Minnesota
Orchestra’s
by Councilmember Black, adopt the
proposed revised Stop Sign Policy with the amendment to remove the second paragraph in the
that reads “The City Council is aware that because of the emotional situation often surrounding
such requests. it is sometimes difficult to analyze the request using rational criteria.”
Councilmember Stein requested a friendly amendment to the motion to amend the third
paragraph in the policy to read “To enhance the Council’s ability to evaluate stop sign requests
and minimize the proliferation of
9,2002
Page 11 of 13
be assessed 100% to the benefiting property owners. With all members voting in favor, the
motion carried.
The Council voted on the amended main motion, and with all members voting in favor, the
motion carried.
Motion was made by Councilmember Slavik, and seconded
Proposed Council Minutes
Regular Meeting of July
Ord2002-26) as presented to the Council this evening.
by Councilmember Stein. and seconded bv Mayor Tiernev, to adopt an
Ordinance Amending Section 1170 of the Plymouth City Code Concerning the Sale of Lawn
Fertilizer
23,2002, with the meeting, being cablecast.With all members voting in favor, the motion
carried.
8.6) Ordinance Amending Section 1170 of the Plymouth City Code concerning the Sale of
Lawn Fertilizer
Councilmember Stein reported on an amended Ordinance that was provided to the Council this
evening regarding item (d) of the proposed ordinance.He stated this item would read “a sign or
brochure is on prominent display next to any fertilizer display containing the City of Plymouth’s
regulations concerning the use of fertilizer with phosphorous.”
Motion was made
July
July 23.
City Manager Johnson stated the City Code specifies the Council’s order of business on agendas,
but this item has the potential to be a very long agenda item.He stated if the hearing were to be
conducted immediately following the Regular Council Meeting, the meeting could still be
cablecast.
Councilmember Slavik stated she would support conducting and televising the Special Meeting
following the Regular Council Meeting.
Motion was made by Councilmember Stein, and seconded by Councilmember Hewitt to call the
question. With all members voting in favor, the motion carried.
With Hewitt, Slavik, Stein, and Tierney voting no, Harstad voting yes, and Black abstaining, the
motion failed.
Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to
conduct the Hearing/Special Meeting immediately following the Regular Council Meeting. on
9,2002
Page 12 of 13
8.5) Special Council Meeting to conduct a hearing on the appeal of staffs denial of
relocation costs for 3030 County Road 101, immediately following the Regular Council
Meeting of July 23
Councilmember Harstad reported that staff has recommended that the hearing on the appeal of
staffs denial of relocation costs for 3030 County Road 101 be conducted immediately after the
Regular Council Meeting of July 23. He commented that this hearing should be conducted as
part of the Regular Council Meeting agenda.
Motion was made by Councilmember Harstad, and seconded by Councilmember Stein, to
conduct this hearing as part of the Regular Council Meeting agenda on
Proposed Council Minutes
Regular Meeting of July
8:58 p.m. With all members voting in favor, the motion carried.
Sandra R. Paulson, City Clerk
9,2002
Page 13 of 13
Councilmember Black stated the new language wouldn’t make it easier to understand the
ordinance.Therefore, she requested a friendly amendment to the motion to amend item (d) to
read “a sign or brochure is on prominent display next to any fertilizer display explaining the City
of Plymouth’s regulations concerning the use of fertilizer with phosphorous.”This friendly
amendment was accepted.
There being no further discussion on the amended main motion and with all members voting in
favor, the motion carried.
Reports and Staff Recommendations
There were no Reports and Staff Recommendations).
Adiournment
Motion was made by Councilmember Slavik. and seconded by Councilmember Black, to adiourn
the meeting at
Proposed Council Minutes
Regular Meeting of July
1, and graphs of the various categories of revenue:
1,509,000, and an estimated tax
reduction of $2,897.Several of the petitions on office buildings, are requesting substantial reductions, and
are scheduled for court in the third and fourth quarters.
Shown on the following pages are the revenue comparisons for the first six months of 2002 compared to
200
Year-to-
date permits are two times as high as last year for this same period, and 73% of budget compared to 3 1% last
year.While it appears that we will exceed the budget by a large amount, staff believes that the vast majority
of the permits have been issued for this year, and the second half of the year will not be nearly as strong.
Hopefully, the “Reserve” will continue to develop, as well as other residential and commercial/industrial
permits. Fines and forfeitures are up slightly over last year, and may make budget by year-end. Charges for
services are up this year because of the high volume of engineering services.Interest earnings continue to
drag and all indications are for continued low rates.
The tax cancellation and abatement filings for 2002 have been forwarded to us from Hennepin County. We
have received a total of 62 for 2002 compared to 43 for 2001. We ended 2001 with 32 unsettled petitions.
We have had 13 petitions close so far this year with value reductions of
23,2002
1.PROPOSED MOTION: Accept the First Six Months 2002 Financial Report.
2. BACKGROUND: Unaudited financial reports are provided to the City Council on an ongoing basis to
review the current year ’s operations. Revenue and expenditures are compared to the budget and to prior
years actual as a gauge for measuring the current year’s potential operations.
3. DISCUSSION:GENERAL FUND
REVENUE:
The year is continuing to be strong with all permit types running substantially ahead of last year.
11,2002 for City Council meeting July
5+
FIRST SIX MONTHS 2002 FINANCIAL REPORT
July
Direct0
Mana er
Dale Hahn, Finance
TO:
FROM:
SUBJECT:
DATE:
Dwight D. Johnson, City
J
Agenda Number:
19,965,782 91,65719,874,125
2,300,OOO 137,500
188,400 190,000 1,600
663,200 665,000 1,800
396,629 340,000 -56,629
434,814 440,000 5,186
898,800 900,000 1,200
85,000 85,000 0
662,681 662,681 0
56,000 57,000 1,000
2,162,500
14,326,lOl014,326,101
Budset Estimate Variation
7,518,490 40%
36%
5,251,400 43%
792,929 31%
158,894 95%
278,579 39%
188,589 50%
128,663 11%
377,836 48%
0 0 %
321,691 49%
19,90953%
of Budqet
42%
73%
75%
43%
40%
31%
45%
0 %
50%
Received$ Received % of Budqet
9,130,624 46%
Revenue
First 6 Months 2002 Revenue Projections
2002 2001
1,588,535
Licenses 141,425
Fines/Forfeitures 286,932
Interest Earnings 158,561
Intergovernmental Rev 132,826
Charges for Services 406,241
Billings to Departments 0
Transfers 331,464
Other Revenue 29,740
Total Revenue
6,054,900
Permits
City of Plymouth
First 6 Months Performance Report
Taxes
46,975.02
2,620.OO
9,ooo.oo
1,250.OO
16,356.06
2,400.OO
7,080.OO
3,308.96
310.00
2,010.00
2,640.OO
573,964.76
72,750.OO
19,713.oo
64,886.94
6,164.25
68,099.12
10,803.50
331,547.95
56,OOO.OO
72.0 32.2
91.7 29.2
56.1 38.7
44.0 44.0
88.2 29.7
22.7 22.0
31.4 27.9______________
73.5 31.4
2.2
4.3 1.7
44.9 34.6
91.6 96.0
25.5 29.3
72.9
88.3 120.9
58.3 129.3
18.2 29.2
67.3 49.5
RAD 56.000.00
36,782.50
ACC 4204 Hazardous Material Grant
35,640.OO 49.4 50.535,887.50ACC4202MSAMaintenance72.670.00
29,537.5033,250.OO
7,924.25
106.000.00 7,425 00
5,787.OO25,500.OO 2,135 00
231,249.18485,113.06550,000.00 53,847 29
4,925.oo4,835.7511,ooo.oo 555 00
58,031.6286,900.88155,ooo.oo 19,257 83
42,331.78119,196.50130,000.00 24,705 94
853,452.05 418.929.501,185,000.00 103,926 45
8,271,201.005,251,400.00 42.3 43.36,054,900.006,054,900.0014,326,101.00
158,893.92 75.1 94.5141,424.986,975.60188,400.00ClS4150Licenses: Business
Intergovernmental Revenues
State Funding
ACC 4201 HACA Aid
4,155.oo
4,666.70
3,750.oo
135,415.97
1,823.OO
2,693.39
3,550.oo
2,799.86
40.00
5,380.OO
2,ooo.oo
1,750.oo
123,643.94
2,420.OO
3,390.oo
2,691.04
60.00
90.00
1,430.oo8,000.00
11,ooo.oo
1,ooo.oo3,ooo.oo
4,100.00140,000.00
2,400.OO
9,500.oo 220.00
3,700.oo
6,OOO.OO 145.60
2,100.00 20.00
2,700.OO 60.00
ACC 4157 On-Sale Liquor
ACC 4158 License Investigation Fee
ACC 4159 Wine
ACC 4160 Other Licenses
ACC 4156 Off-Sale Liquor
ACC 4154 Garbage Hauler
ACC 4155 3.2 Malt Liquor
ACC 4151 Gasoline Service Station
ACC 4152 Tobacco
ACC 4153 Dog
792,928.83
Licenses: Business
1,588,535.24211,852.512,162,500.00ClS4100Permits: Non-Business
8,331,201.00
Cancellation 60,000.00-60,000.00-
Permits
5,251,400.00 42.1 43.16,054,900.006,054,900.0014,386,101.00
CurYr La Yr CurYearCurrentMonthYTDLTD
Bud Outstand% Bud
AcC 4107 Alarm Permits
City of Plymouth July 10 2002 Page:1
Revenue Detail Council Report Format 539
Period 6 ending June 30, 2002 Transaction status 1
2002 Budget Revenue Revenue Revenue
Billboard
ACC 4105 Plan Checking,
ACC 4106 Other Permits
ACC 4101 Building Permits
ACC 4102 Plumbing Permits
ACC 4103 HVAC Permits
ACC 4104 Sign
Licenses
Permits:Non-Business
ClS 4000 Taxes
Permits
ACC 4002 Tax Abatements
02/07/10-lo:36
GL787
Account
General Fund
Taxes
Taxes
ACC 4001 Property Tax
64,178.05
3,550.74
45,165.OO
6,595.OO
21,781.OO
4,340.oo
300.00-
278,123.88
3,ooo.oo
4,925.oo
1,360.OO
10,376.37
9,464.77
805.00
4,650.OO
34.9.
4,640.00
145.00-
2,118.93
55,821.95 54,952 74 46.5 91.6
49.7-1.3-
50.7 60.7
51.1 73.1
42.6 49.7
19.5 19.6
37.1 137.0
67.6 68.1
1.5
1,649.26 2,389 74 31.7 45.1
44,835.OO 13,189 00 49.8 16.1
3,905.oo 3,750 00 37.2 46.9
15,219.OO 16,863 97 41.1 47.5
205,476.12 203,944 55 42.5 44.3
2,100.00 1,380 00 116.7 76.7
2,840.OO 2,725 00
75.00 1,743 94-
160.00 1,550 00 3.6 35.2
6,123.63 9,861 09
7,035.23 8,952 19
195.00 255 00
4,850.OO 5,850 00
2,181.07 2,488 73
oo-
145.00 100 00
11,127.86
1,540.00-40
37,ooo.oo
238.75
3,327.12
440.00
75.00
155.00
150.00
1,150.oo
494.52
30.00
120,000.00
15.00
282.85
5,200.OO
90,000.00
10,500.00
483,600.OO
37.000.00
5,ooo.oo
3.000.00
4.500.00
1.800.00
4,200.OO
16,500.OO
1.000.00
16.500.00
9,500.oo
4,300.oo
10,976.23 110.4 168.9 668.42-
3.100.00
7,068.426,400.OO
7,068.42-
6,400.OO
83,879.64
10,976 23
45.0
133.3
218,776.50
82.046 68 50.0 50.6
46,993.OO
4,950.oo
500.00-
74,551.00
35,640 00 16.1 3.6
LeasesAct4338Rents
Act 4323 Engineering Services to Other
A C C 4336 Utility Penalties
Act 4322 Advertisements
Act 4321 Protective Inspection Fee
Act 4317 Garden Plots
A C C 4318 Street Lighting
Act 4314 Recreation Rental Fees
Act 4312 Tree Assessment Fees
Act 4311 Tree Removal Fees
Act 4310 Towing Fees
Act 4309 Police Services
Act 4307 Special Assessment Searches
Act 4306 Plat Fees-Subdivision Waiver
Act 4305 Zoning Change-Variance Reques
Act 4304 Accident Reports
Ordinances
Act 4302 Weed Assessments
A C C 4303 Maps
7,068.42
6,400.OO
Grants
101)
83,820.36
Fund
167,700.OO
41,937.504,050.oo260,714.OO
Cls 4260 Federal Funds
Charges For Services
Charges For Services
Act 4273 Other Federal
Cls 4200 State Funding
Local Funding
ACC 4241 School Laison
Federal Funds
ACC 4261 Civil Defense
46,993.OO
74,551.oo
2,ooo.oo1,500.00
4,050.oo4,050.oo9,ooo.oo
StatePERAGrantAct4211
Act 4210 Local Government Aid
Act 4209 DARE Reimbursement
St/Cty/Region
CurYr La Yr CurYearAccount
GeneralFund
IntergovernmentalRevenues
StateFunding
ACC 4207 Grants From
CurrentMonth YTD LTD
02/07/10-lo:36
GL787
City of Plymouth July 10 2002 Page:2
Revenue Detail Council Report Format 539
Period 6 ending June 30,2002 Transaction status 1
2002 Budget Revenue Revenue Revenue % Bud % Bud Outstand
49.164.98
35,000.02
48,316.02
40.0
51.1
50.0
50.0
50.0
50.0
50.0
50.0
50.049,165.028,194.17
34,999.9834,999.985,833.33
174,999.98
5,504.02
175,000.02175,000.0229,166.67
5,463.485,749.98
237,696.39
958.33
26,260.87
228.29 314.24 38.1 34.9 371.71
50.2
19,908.87 53.1 35.929,739.134,260.69
85,OOO.OO
376,267.68278,579.46 43.3 39.1286,932.3262,501.30
98,330.OO
70,000.00
From Water Fund
B& E Revolving
From Utility Trunk
350,000.00
From
11,254.OO
From Police St Aid
188,274.32
From Transit System
158,332.6166,500.OO396,029.OO
Act 5206 Transfer
A C C 5404 Transfer
A C C 5421 Transfer
A C C 5501 Transfer
on Investments
ACC 5203 Transfer
Act 4802 Interest
General Transfer
General Transfer
56,OOO.OO
Interest Income
Interest on Special Assessment
ACC 4801 Interest on Special Assessmen 600.00
Interest on Investments
85,OOO.OO
Other Revenues
Other Revenues
ACC 4703 Miscellaneous Revenue
Admin FeesAllocationAct4611Eng
663,200.OO
Billings to Departments
Billings to Departments
ForfeituresClS4400Fines
4,550.00-9,550.oo 6.040.00 191.0 100.75,ooo.oo 500.00Violation&OtheAct4403Liquor/Tobacco
5,180.OO3,148.50 36.8 47.73,020.OO8,200.OO 780.00- Dogs
375,637.68
ACC 4402 Impounding Fees
269,390.96 42.2 38.5274,362.3261,221.30650,OOO.OO & Fees
Forfeitures
ACC 4401 Court Fines, Costs
Forfeitures
Fines
492,559.05
Fines
377,836.07 45.2 48.1406,240.9555,291.10898,800.OOClS4300ChargesForServices
13,780.OO4,325.OO 25.5 23.44,720.OO18,500.OO 805.00Act4351OtherFees
8,650.OO47,043.oo 85.3 90.550,350.oo59,ooo.oo
5,500.31
ACC 4350 Antennae Location Charge
5,600.OO 99.69 1.8Act4344ConcessionSales
CurYr La Yr Cur Year
General Fund
Charges For Services
Charges For Services
CurrentMonth YTD LTD
Bud Outstand
Account
Bud
02/07/10-lo:36 City of Plymouth July 10 2002 Page:3
GL787 Revenue Detail Council Report Format 539
Period 6 ending June 30, 2002 Transaction status 1
2002 Budget Revenue Revenue Revenue
10,743,501.207,518,490.06 45.9 40.39,130,623.806,521,575.2019,874,125.00ReportFinalTotals
10,743,501.207,518,490.06 45.9 40.39,130,623.806,521,575.2019,874,125.00Fnd101GeneralFund
331,217.OO321,691.44 50.0 49.1331,464.OO55,244.OO662,681.OOCls5100GeneralTransfer
20,000.0219,999.98 50.0 50.019,999.983,333.3340,000.00
7,500.oo
Central Equip
7,500.oo 50.01,250.OO15,ooo.oo
2,594.48
Water Resources
2,518.98 50.0 50.02,594.525,189.OO 432.42RetFacilities
7,288.487,077.oo 50.0 50.07,289.521,214.9214,578.OO
29,165.02
S Waste Manage
28,315.98 50.0 50.029,164.984,860.8358,330.OO
CurYr La Yr Cur Year
Sewer Fund
Bud % Bud Outstand
July 10 2002 Page:4
Report Format 539
Transaction status 1
CurrentMonth YTD
Revenue
LTD
Act 5503 Transfer From
ACC 5504 Transfer From
ACC 5505 Transfer From
ACC 5602 Transfer From
City of Plymouth
Revenue Detail Council
Period 6 ending June 30, 2002
2002 Budget Revenue Revenue
Act 5502 Transfer From
02/0?/10-lo:36
GL787
Account
General Fund
General Transfer
General Transfer
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d
8
saxel
0
8
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sl!wJad
jpau! jsaJrq!ap
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IquaumJano6anuar\atj
sa6JeyDJo4saqAJag
sSqg01quauryedaa
SJa4SUeJlJaylOanuahaul-
G:FINANCE\ASSESSING\WRKSHTS\5025\TAXCANCL.XLS
Page1
IIIlI*47 new petitions/with 62 parcels
I
1,509,OOO 1.89%2,897
COURT ACTIVITY BY TAX YEAR
58,407.__ _16,890,OOO 5.00%320,861,900337,751,900
b~28,953~95,902,300 5368,200 5.30%101,270,500
1,047,376197,862,500 21.65%715,859,800
7/10/2002
REDUCED VALUE
913‘722,300
TAX CANCELLATIONS AND ABATEMENTS
General Fund expenditures for the first six months are down from the previous year’s expenditures and the
budget. All departments have been keeping expenditures down as much as possible to prepare for the State ’s
likely bleak forecast. Overtime is running considerably less than last year because of decreased snowplowing
and pothole repairs.
Shown on the next page are the expenditures for the first six months and projections for the year.I am currently
estimating a saving of $19 1,140 with every department coming in under budget.It is too early in the year to
make precise projections for all Departments, but these projections will be fine-tuned as we begin the 2003
budget process. A graph of the various expenditure categories follows that page.
3,620,OOO -22,525
362,987 -50,000
1,485,OOO -9,244
6,490,OOO -30,036
1,125,OOO -23,223
3,471,ooo -20,488
1,679,OOO -20,336
1,080,OOO -11,288
370,000 -4,000
74%412,987
Estimate Variation
3,642,525
1,494,244
57%
6,520,036
52%
1,148,223
51%
3,491,488
49%
1,699,336
50%
1,091,288
39%374,000
46%
1,985,691
231.498
55%
3,146,376
700,816
1,603,457
536,697
53%
556,247
141,869
779,210
of Budqet
50%
41%
45%
50%
46%
47%
48%
52%
Expended% of Budoet$Exoended
19,682,987 -191,140
Expenditures
First 6 Months 2002 Expenditure Projections
2002 2001
19,874,1279,681,861 52%9,648,130 49%
1,907,811
Other 217,939
Total Expenditures
3,089,853
Fire 716,018
Public Works
1,730,435
Finance 523,853
Police
Recreation
City of Plymouth
First 6 Months Performance Report
General Government 543,016
Legal 153,050
Community Development 766,155
Parks
536,697.45 48.6624,369.59523,853.41 45.689,026.661,148,223.00
286,547.53 49.9337,305.33260,366.67 43.649,503.58597,672.OO
287,064.26 250.149.92 47.2263,486.74 47.939,523.08550,551.oo
1420)
TOTAL FINANCE
1410)
Prg 020 Assessing
FINANCE
Prg 010 Accounting
1,603,456.81 49.71,761,050.671,730,435.33 49.6327,425.363,491,486.00& RECREATION
177,067.53 67.6199,237.62178,271.38 47.235,752.13377,509.oo
300,486.51 56.2ActivityCenter (1343)
256,812.86276,882.14 51.955,740.98533,695.OO(1330)
87,191.28 50.9Forestry95,221.9297,397.08 50.615,353.76192,619.OO
306,204.80 41.6IceRinkMaintenance (1324)
376,462.83 48.1 405.532.1764,215.73781,995.OO(1323)
73,606.61 34.9AthleticFieldMaint
79,984.72 34.2 154.179.2810,810.39234,164.OO
443,514.39 50.3TrailMaintenance (1322)
405,109.13511,522.87 55.8111,218.Ol916,632.OO
215,385.69 50.5ParkMaintenance (1321)
244,957.69209,914.31 46.134,334.36454,872.OO(1310)& Recreation Admin &
RECREATION
Prg 010
Prg 021
Prg 022
Prg 023
Prg 024
Prg 030
Prg 043
TOTAL PARKS
Park
PARKS
779,210.25 46.4933,180.81766,155.19 45.1123,934.631,699,336.00TOTALCOMMUNITYDEVELOPMENT
228,949.69 46.1274,335.69249,950.31 47.739,224.13524,286.OO
43,704.78 48.6Prg033ConstructionInspection (1233)
47,919.6044,944.40 48.47,010.1092,864.OO
87,428.40 42.2Prg032ProtectiveInspection (1232)
157,066.6355,492.37 26.110,437.97212,559.oo(1231)
283,045.02 45.8Prg031FireInspection
323,720.58291,050.42 47.347,381.87614,771.OO(1220)
136,082.36 50.9Prg020Planning
130,138.31124,717.69 48.919,880.56254,856.OOSupport(l210)&
COMMUNITYDEVELOPMENTPrg010CornDev\Admin
698,116.06 50.5769,223.16696,064.84 47.5104,519.311,465,288.00
141,868.55 39.0220,949.65153,050.35 40.932,632.16374,ooo.oo
122,310.34 50.9133,887.93111,271.07 45.4
6,374.32 50.3
245.159.00 18.347.69
37,318.298,676.71 18.92,241.5845,995.oo
195,866.92 65.5124,831.60192,209.40 60.614,910.04(1130)317.041.00
178,708.67 50.4192,499.99180,019.Ol 48.327,907.30372,519.oo
52,987.26 47.159,735.7050,838.30 46.08,480.54110,574.oo
LastYrCurrYrRemainingExp&EncumbEncumbYTD
Bud Budget Last Yr % Bud
Adopted Bud Month
1
As of JUNE 30, 2002
2002 Expended Expend
1160)
TOTAL ADMINISTRATION
City of Plymouth
Expenditure Detail Council
JULY 10 2002 PAGE:
1150)
Prg 060 Legal Services
1140)
Prg 050 Human Resources
1120)
Prg 030 Communication Services
Prg 040 Elections
1110)
Prg 020 City Manager
02/07/10-11:27
GL785 Report: COUNCIL
Fund 101 General Fund
ADMINISTRATION
Prg 010 City Council
231,497.52 73.7195,048.27217,938.73 52.8113,374.66412,987.OO
200,816.95 80.6158,632.02186,080.98 54.0108,335.91344,713.oo
30,680.57 47.236,416.2531,857.75 46.75,038.7568,274.OO
1,985,691.03 57.31,734,713.841,907,811.16 52.4230,508.593,642,525.00
280,550.29 51.1338,546.18255,510.82 43.041,131.68594,057.oo
226,595.29 37.4395,547.87224,952.13 36.339,850.22620,500.OO
129,673.62 53.8133,346.45126,311.55 48.620,745.72259,658.OO
403,278.73 58.8235,843.11490,926.89 67.534,854.80726,770.OO
118,135.35 67.778,195.77117,630.23 60.111,607.68195,826.OO
827,457.75 68.6553,234.46692,479.54 55.682,318.491,245,714.00
700,815.60 51.7778,225.73716,018.27 47.9104,419.281,494,244.00
128,042.77 55.8168,547.55155,954.45 48.123,495.40
25,812.08 48.4
324.502.00
30,887.3224,642.68 44.43,920.6455,530.oo
546,960.75 50.9578,790.86535,421.14 48.177,003.241,114,212.00
O)(
Prg 030 Other (1830)
TOTAL PUBLIC SERVICE
8
PUBLIC SERVICE
Prg 010 Volunteer Coordinator
1620)
Prg 030 Engineering (1630)
TOTAL PUBLIC WORKS
Traffic Lights
1613)
Prg 020 Street
LastYr
PUBLIC WORKS
Prg 010 Street Maintenance (1610)
Prg 011 Street Cleaning (1611)
Prg 012 Snow/Ice Control (1612)
Prg 013 Drainage Maintenance
CurrYr Remaining Exp&EncumbEncumbYTD
Bud Budget Last Yr % Bud
Adopted Bud Month
1532)
TOTAL FIRE
City of Plymouth
Expenditure Detail Council As of JUNE
JULY 10 2002 PAGE:2
30, 2002
2002 Expended Expend
P.AD (1531)
Prg 032 Duty Schedule
1530)
Prg 031
FIRE
Prg 030 Fire Operations
3,146,376.41 51.33,430,182.643,089,853.36 47.4492,699.246,520,036.00
66:O42;086.7138,036.2129,266.79 43.55;689.2367,303.OO(1520)
7,599.66 100.0 7,599.66- 11,611.85 100.0
14,553.88 72.0
1517)157.93
21,343.OO21,343.OO
112,502.07 56.9103,837.09103,299.91 49.915,968.49207,137.OO
421,406.68 53.8
1515)
371,174.07429,256.93 53.668,086.91800,431.OO
246,381.41 51.5264,550.14235,489.86 47.136,537.91500,040.00
158,202.22 46.3181,697.63167,217.37 47.926,153.91348,915.OO
1,567,291.17 50.51,765,413.021,536,934.98 46.5241,982.833,302,348.00
572,340.42 49.9691,731.14580,787.86 45.698,122.031,272,519.00
1516)
Prg 017 Public Safety Grants
Prg 020 Emergency Management
TOTAL POLICE
Prg 014 Investigations (1514)
Prg 015 Traffic Enforcement
Prg 016 Cadet Program
1513)Pro 013 Public Education
1512)
1511)
Prg 012 Community Service Off
1510)
Prg 011 Patrol
02/07/10-11:27
GL785 Report: COUNCIL
Fund 101 General Fund
POLICE
Prg 010 Police Administration
9,681,861.13 51.910,225,994.719,648,130.29 48.51,585,907.7319,874,125.00
LastYrExp&EncumbCurrYrRemainingEncumbYTD
Bud Budget Last Yr % Bud
Adopted Bud Month
02/07/10-11:27
GL785 Report: COUNCIL
Fund 101 General Fund
GENERAL FUND GRAND TOTAL
City of Plymouth
Expenditure Detail Council
JULY 10 2002 PAGE:3
As of JUNE 30, 2002
2002 Expended Expend
lOd
JW-40
30,2002.The expenditures are 48% of budget compared to 43% for the same period
last year. The Metropolitan Council Environmental Services has increased their rate by 4.2% the first of the
year, which was budgeted for. The Spring and Summer rains have created a high level of ground saturation,
and we likely can expect to see increased volumes from inflow/infiltration.
2,679,549 has been
expended as of June
5,551,373 of which
2,491,525 for 2001. Similar to the Water Fund, this revenue only includes billings through
May and part of June. Interest earnings are down considerably, and commercial/industrial billings are down
over $60,000. The appropriated expenditures for 2002 total
2,427,231
compared to
5,551,373. Revenue to date for 2002 is
1,832,788 were
made during the first six months of 2002. The expenditures are approximately 49% of the 2002 budget,
compared to 43% last year. The increased expenditures reflect the outstanding encumbrance for the water
tower painting and reconditioning.
SEWER FUND
The Sewer Fund budgeted revenue for 2002 is
1,561,576.
The revenue is down because of a wetter than normal year, as well as decreased interest earnings. Interest
earnings are down approximately $65,000 from last year. Expenditures in the amount of
1,434,348 has been billed through May and part of June. This compares to 2001 revenue of
3,701,323. Actual revenue of
1,315,115 46.2
WATER FUND
For the budget year 2002, the Water Fund revenue is estimated to be
6/30/01
Percent of
Budget
547,764 49.9%
1,278,381 44.9
Expended As
Of
6/30/O 1
Percent of
Budget
542,259 49.4%
1,709,841 51.1
2002 2001
Received As
Of
3,343,599
1,205,476 $600,070 49.8%
HRA
6/30/02
Percent of
Budget
Recreation
1,714,745 51.3
Expenditures Budget
Expended As
Of
3,343,599
1,205,476 $601,520 49.9%
6/30/02
Percent of
Budget
1,709,841. A schedule of Special Revenue Funds reflecting revenue and expenditures for the first six
months of 2002 compared to 2001 is shown below:
Revenue
Recreation
HRA
Budget
Received As
Of
1,714,745, and program expenditures
total
HRA- The HRA Fund for Senior Housing is supported through the tax levy, and the Section 8 and CDBG
funds are basically self-supporting through Federal programs. HRA revenue and expenditures are both up
because of increased section 8 vouchers. Revenue for 2002 totals
SPECIAL REVENUE FUNDS
RECREATION- The Recreation Fund revenue and expenditures are both up from last year. Revenue will
continue to increase in the third quarter with soccer registrations, and when the first half taxes are recorded
in July.
371,69 1, which was primarily from user department transfers. Expenditures for the
first six months totaled $353,232 compared to $516,321 last year. The higher expenditures last year were
for the air handler replacements at City Hall.
2,004,587 for 2001.The decrease in expenditures is primarily because of a fire truck
payment in 2001.
FACILITIES MANAGEMENT FUND
This Fund provides the services for all City facilities. Facility maintenance and repairs and replacement
costs are provided from charges to City operating departments for use of the facilities. Revenue for the first
four months totaled
1,261,604
compared with
1,945,066 is obtained by charging the individual operating
departments for their share of the rental costs.Expenditures through June 30, 2002 amount to
132,49 1 for last year. The
increase is primarily attributable to the purchase of the new artificial turf.
CENTRAL EOUIPMENT FUND
The Central Equipment Fund accounts for services performed for other City departments. Revenue to
finance the Fund is obtained from various City departments that utilize the City equipment. The budgeted
operating revenue for 2002 in the amount of
1,529,000 are budgeted
for in 2002. Revenue for the first six months totaled $698,615 from utility fees and $35,739 from interest
earnings.The Fund had expenditures of $343,907, of which $167,046 was for membership dues to the
various Water Management Commissions.
FIELD HOUSE
The Field House operations began in October of 1999, and completed the first full year in 2000.Budgeted
revenue for 2002 is $32 1,000 of which we have received $200,747 for the first six months compared to
182,420 last year. Expenditures are up this year at $175,600 compared to
1,500,000 for the year. Major capital improvements of
30,2002 it has received
420,185 compared to $437,474 for 200 1. Reduced high school hockey game revenue and decreased
advertising account for most of the decrease.Expenditures for the year to date total $387,845 compared to
626,799 for the same period last year. The 2001 expenditures included costs for the dehumidification
system that was replaced last year as well as high natural gas costs. There should be no major capital
expenditures this year.
WATER RESOURCES FUND
The Water Resources Fund is financed primarily through Surface Water Utility fees.We project that the
utility fees will generate
30,2002, revenue totaled
252,801 compared to $449,829 in 2001. The difference in revenue is because we received our recycling
grant by this time last year, but have not received it yet this year. Solid waste expenditures totaled $348,613
and $286,285 for 2002 and 2001 respectively.
ICE CENTER
The Ice Center operation has estimated revenue of $874,200 for 2002. As of June
SOLID WASTE FUND
The Solid Waste Fund has estimated revenue of $749,064 for 2002. As of June
i.n the process of redesigning the web site, upgrading utility billing software,
and establishing a disaster recovery backup.
4.CONCLUSION: Based upon revenue and expenditure information to date, I believe the General Fund will
end the year in a positive position. All other funds are performing in line with the budget and previous
projections.
RISK MANAGEMENT FUND
The Risk Management Fund administers the City’s Property, Casualty and self-insured Worker’s
Compensation insurance programs. Fund revenue is provided from charges to user funds and interest
earnings.Revenue for the first six months of 2002 was $240,445 of which $164,118 was from interest
earnings. Expenditures for the period totaled $457,397 for 2002 and $464,953 for 2001. The 2002 budget
includes allocations to user departments for workers compensation claims.
EMPLOYEE BENEFITS FUND
This Fund serves as the recording fund for all employee fringe benefits. Fund revenue is provided by
charges to other funds and interest earnings. Revenue for the first six months totaled $954,575 compared to
expenditures of $949,976. Revenue and expenditures of this Fund are typically close to a wash.
INFORMATION TECHNOLOGY FUND
This Fund provides the equipment, software and support for the City’s Information Technology
infrastructure. Revenue to th.e Fund is generated by user charges to departments based upon individual
departmental allocations. Revenue for the first six months totaled $703,330 and expenditures totaled
702,058.We are currently
from the DNR is that they recommend us staying with the program, as even
sitting out one year could set back the progress that has taken several years to obtain. Our
program has been one of the least controversial and most successful in the metro areas.
We are still experiencing the problem of small deer herds causing damage in areas of the City
outside the designated hunt area. The City did obtain a special permit to trap deer in an
attempt to address this problem. We have been successful in the past with this project also.
23,2002 City Council meeting
ACTION REQUESTED: The City Council authorize the Deer Management Program for
2002.
BACKGROUND: The City continues to experience problems with the over population of
deer.In an effort to address this problem the City has participated in the metro bow hunt in
the Northwest comer of the City every fall since 1992. This has been determined by the
DNR to be an effective method of population control. The Northwest comer of the City is the
only area with large enough lots of property to allow safe bow hunting.
The City Ordinance states that each year, on or before August 1, the City Manager shall
determine and report to the Council if the public safety and conservation interests justify
allowing a bow deer hunting season for the up coming season. The City Council will then
make a determination whether the City is authorized to issue permits for the up coming
season.
ALTERNATIVES:The alternative is not to participate in the metro bow deer hunt this
season.
DISCUSSION:The Police Department believes the hunts in the past several years have
been successful in assisting with the control of the deer population. Information obtained
back in 1993, from Larry Gillette with Three Rivers Park District, is that a city the size of
Plymouth, with our make up, should have a herd population of 200 or less. Information we
have received
15,2002 for the July
btctlJ
TO:
DATE:
1.
2.
3.
4.
Dwight D. Johnson, City Manager
Mike Goldstein, Patrol Special Operations Lieutenant
Craig C. Gerdes, Chief of Police
DEER MANAGEMENT PROGRAM
July
Agenda Number:
We would like to continue the trapping practice under the following conditions:
All residents in the effected area would be notified of the problem, request for trapping
and agree to be in support of the project.
The Park Superintendent would survey the area and determine if trapping could be safely
done.
The Park Superintendent would work with the DNR to assure compliance with their
special permit.
The City also has a need to work with other governmental agencies, such as Three Rivers
Park District and adjoining cities, to manage the deer population.Joint projects with other
governmental agencies will be independently reviewed.
5.BUDGET IMPACT: There is no budget impact. Permits would be $10 each to cover costs.
6.RECOMMENDATION: The Police Department recommends authorization to coordinate
the Deer Management Program for 2002 to include participation in the metro deer bow hunt
and special trapping as outlined above.
M/,NAGER AND THE POLICE
CHIEF TO CONDUCT THE 2002 DEER MANAGEMENT PROGRAM
WHEREAS, local deer management experts have suggested that the deer herd
population in the City of Plymouth be limited to 200 or less
WHEREAS, the current population is higher than the recommended level
WHEREAS, the Deer Management Program ’s metro bow hunt and trapping
practice have offered success
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY
COUNCIL OF THE CITY OF PLYMOUTH, the City Council adopt the resolution
authorizing the City Manager and the Police Chief to conduct the 2002 Deer Management
Program.
Adopted by the City Council on
2002-
RESOLUTION AUTHORIZING THE CITY
CITY OF PLYMOUTH
RESOLUTION NO.
9,2002 for the
Public Hearing for Delinquent Water, Sewer, Recycling, Surface Water Fee and Street
Lighting.It is recommended that the City Council adopt the attached resolution.
144,078.62 for Delinquent Utilities.
The total 2002 cost to be assessed is for 416 properties.
RECOMMENDATION: Attached is the resolution declaring the cost to be assessed and
ordering the preparation of the assessment roll. The resolution sets September
23,2002
1.
2.
3
ACTION REQUESTED: Adopt the attached resolutions declaring the cost to be assessed
and ordering the preparation of the assessment rolls and the necessary resolutions setting
September 9, 2002 for the Public Hearing for 2002 Delinquent Water, Sewer, Recycling,
Surface Water Fee and Street Lighting.
BACKGROUND:The City Code provides that: Annually all delinquent accounts shall be
certified to the City Manager who shall prepare assessment rolls providing for assessment of
the delinquent amounts against the respective properties served. The assessment rolls shall
be delivered to the City Council. The total 2002 cost is
15,2002 for City Council Meeting July
do(Jackie Foss, Accounting Technician, through Dale E. Hahn, Finance
Director
DECLARING COST AND SETTING PUBLIC HEARING FOR 2002
DELINQUENT WATER, SEWER, RECYCLING, SURFACE WATER
FEE AND STREET LIGHTING SERVICE CHARGES.
July
q
TO:
FROM:
SUBJECT:
DATE:
Dwight D. Johnson, City Manager
JAgendaNumber:
23,2002.
144,078.62.
2.The City Clerk, with the assistance of the Director of Finance, shall forthwith
calculate the proper amount to be specially assessed as provided by law; and
the clerk shall file a copy of such proposed assessment in the office of the City
Clerk for public inspection.
3.The Clerk shall, upon the completion of such proposed assessment, notify the
Council thereof.
Adopted by the City Council on July
144,078.62.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA:
1.The amount of delinquent utilities to be specially assessed is hereby declared
to be
2002-
DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF
PROPOSED ASSESSMENT FOR DELINQUENT WATER, SEWER, RECYCLING,
SURFACE WATER FEE AND STREET LIGHTING SERVICE CHARGES
WHEREAS, pursuant to the provision of Minnesota Statutes Sections 444.075, 429.101, and
443.015 and Plymouth City Code Sections 715.03, 720.16, 730.13, and 600.25 a determination
has been made that certain charges for delinquent water, sewer, recycling, surface water fee and
street lighting service charges have not been paid as provided by law, and the total amount of
such charges is
CITY OF PLYMOUTH
RESOLUTION NO.
23,2002.
2002-
CALLING FOR PUBLIC HEARING ON PROPOSED ASSESSMENT
DELINQUENT WATER, SEWER, RECYCLING, SURFACE WATER FEE AND
STREET LIGHTING SERVICE CHARGES
WHEREAS, by a resolution passed by the Council on July 23, 2002, the City Clerk was directed
to prepare a proposed assessment for certain charges for the delinquent water, sewer, recycling,
surface water fee and street lighting service charges as provided by law; and
WHEREAS, the Clerk has notified the Council that such proposed assessment has been
completed and filed in the office of the City Clerk for public inspection;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA:
1.A public hearing shall be held on the 9th day of September, 2002 in the City
Council Chambers of the Plymouth City Center, 3400 Plymouth Boulevard,
Plymouth, Minnesota at 7:00 p.m. to pass upon such proposed assessment and
at such time and place all persons owning property affected by such charges
will be given an opportunity to be heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the
proposed assessment to be published once in the official newspaper at least
two weeks prior to the hearing, and shall state in the notice the total amount of
the assessment. The Clerk shall also cause mailed notice to be given to the
owner of each parcel described in the assessment roll.
Adopted by the City Council on July
CITY OF PLYMOUTH
RESOLUTION NO.
1999\9006\Memos\ChgOrd_2_Chrshire_Mem.d~N:\pw\Engineering\PROIECTS\1990
8,206.80.
Ronald S. Quanbeck, P.E.
City Engineer
attachments: Resolution
Change Order No. 2
8,206.80. The City ’s contractor
needed to perform the repair work rather then wait for Qwest to complete the repairs to
avoid delaying the project. Qwest will be invoiced for the total cost of the change order.
The City’s consulting engineer, SRF Consulting Group, Inc., is recommending approval
of this additional cost.
RECOMMENDATIONS AND CONCLUSIONS: I hereby recommend that the City
Council adopt the attached resolution approving Change Order No. 2 to Redstone
Construction Inc. for the Cheshire Lane Bridge and Street Improvements, City Project
No. 9006, in the amount of
E., City Engineer
SUBJECT:CHESHIRE LANE BRIDGE AND STREET IMPROVEMENTS
CHANGE ORDER NO. 2
CITY PROJECT NO. 9006
ACTION REQUESTED: Make a motion to adopt the attached resolution approving
Change Order No. 2 to Redstone Construction Inc. for the Cheshire Lane Bridge and
Street Improvements Project.
BACKGROUND: Attached is Change Order No. 2 which provides compensation to the
contractor for repair of concrete curb and gutter and bituminous pavement which was
damaged when Qwest installed new conduits behind the west curb line on Cheshire Lane.
The total cost of the repair work is an additional
Dwight D. Johnson, City Manager through
Daniel L. Faulkner, P.E., Director of Public Works
FROM:Ronald S. Quanbeck, P.
DATE: July 15, 2002 for the City Council Meeting of July 23, 2002
TO:
1999\9006\Resol\ChngOrd_2_9006_res.doc- ~w\Engineering\Projects\1990
23,2002.
N
1,006,93 1.44
Adopted by the City Council on July
8,206.80
REVISED CONTRACT AMOUNT
7,196.13
Add
991528.51
8,206.80 is approved:
Original Contract Amount
Previous Change Orders
THIS CHANGE ORDER NO. 1
APPROVING CHANGE ORDER NO. 2
CHESHIRE LANE BRIDGE AND STREET IMPROVEMENTS
CITY PROJECT NO. 9006
WHEREAS, Change Order No. 2 has been prepared providing for the following:
Repair of damaged concrete curb and gutter and bituminous pavement; and
WHEREAS, this damage was caused by a subcontractor of Qwest when installing
underground cable; and
WHEREAS, Qwest will be invoiced for the cost of this repair work and they have agreed to
pay; and
WHEREAS, Change Order No. 2 for Cheshire Lane Bridge and Street Improvements, City
Project No. 9006, is recommended for approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA: That Change Order No. 2 to Redstone Construction,
Inc., for Cheshire Lane Bridge and Street Improvements, City Project No. 9006, by adding
CITY OF PLYMOUTH
RESOLUTION NO. 2002
1,006,931.44
8,206.80
REVISED CONTRACT AMOUNT
7,196.13
TOTAL INCREASE CHANGE ORDER NO. 2 $
991,528.51
PREVIOUS CHANGE ORDER
8,206.80
CONTRACT SUMMARY:
ORIGINAL CONTRACT AMOUNT $
lNCREASE
4,95 1.80
NET
3,255.00
Remove and Replace B6 18 LinearFootCurbandGutter $
18.90 262
3,255.00 1.0
27A68
CITY PROJECT 9006
CONTRACTOR: REDSTONE CONSTRUCTION
P.O. BOX 218
MORA, MN 55051
WHEREAS:Seven locations of curb and gutter and bituminous pavement were damaged when QWEST
installed new conduits behind the west curb and gutter on Cheshire Lane. The damaged
curb and gutter and bituminous pavement were removed and replaced under this Contract.
THEREFORE:In accordance with the terms of the Contract, you are hereby authorized to perform the
improvements as described above.
INCREASE
Item No.Item Description Unit Unit Price EstimatedAmountQuantity
Repair Bituminous Pavement Lump Sum
12,2002 SRF No. 0014134
Page 1 of 2
CHANGE ORDER NO. 2
CITY OF PLYMOUTH
3400 Plymouth Boulevard
Plymouth, Minnesota 55447-1482
PROJECT: CHESHIRE LANE BRIDGE NO.
July
SRF:Vol3:H:Civil:4134CheshireBridgeChangeOrder7-12-02.doc
C’7-
SRF CONSULTING GROUP, INC.DATE
ACCEPTED BY:
REDSTONE CONSTRUCTION DATE
APPROVED BY:
THE CITY OF PLYMOUTH DATE
L ‘1f&&rxs--@-
27A68
Page 2 of 2
ISSUED BY:
Change Order No. 2
Cheshire Lane Bridge No.
2009\2010\Memos\AppPlansAdvBids_2010_Mem.d~- N:\pw\Engineering\PROlECTS\Z@Xl
Map
City Engineer
attachment:Resolution
Rockford Road from Holly Lane to Peony Lane.The total estimated cost of this segment
of trail is $172,900. Final plans and specifications for City Project No. 2010 have been
completed and we are requesting their approval and ordering advertisement for bids.
RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council
adopt the attached resolution which approves the final plans and specifications and orders
advertisement for bids with bids to be received August 22, 2002.
Rockford Road Trail Improvements, City Project No. 2010, were ordered. The
trail construction includes an eight-foot wide bituminous trail on the south side of Old
Rockford Road Trail
Improvements Project.
BACKGROUND: At the May 14, 2002 City Council meeting, plans and specifications
for Old
ROCKFORD ROAD TRAIL IMPROVEMENTS
CITY PROJECT NO. 2010
ACTION REQUESTED: Make a motion to adopt the attached resolution approving
plans and specifications and advertisement for bids for the Old
1
DATE:July 15, 2002 for the City Council Meeting of July 23, 2002
wight D. Johnson, City Manager through
Daniel L. Faulkner, P.E., Director of Public Works
FROM:Ronald S. Quanbeck, P.E., City Engineer
SUBJECT:APPROVE FINAL PLANS AND SPECIFICATIONS AND
ORDER ADVERTISEMENT FOR BIDS
OLD
I :
2009VO1O\Resol\ApprovPISp_Ord_BD_res.docN.\pw\Engineering\PROJECTSVOOO
23,2002.
five percent of the amount of such bid.
Adopted by the City Council on July
22,2002 at which time they will be publicly opened in the Council
Chambers of the Plymouth City Center building at 3400 Plymouth
Boulevard, Plymouth, Minnesota, by the City Manager and that no bids
will be considered unless sealed and filed with the City Clerk and
accompanied by a cash deposit, cashier ’s check, bid bond or certified
check payable to the City Clerk for
Rockford Road Trail Improvements and has presented such plans and
specifications to the Council for approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA:
1. Such plans and specifications, copies of which are on file in the City
Engineer’s Office and made a part hereof, are hereby approved.
2.The City Clerk shall prepare and cause to be inserted in the official paper
and in The Construction Bulletin an advertisement for bids for the making
of such improvement under such approved plans and specifications. The
advertisement shall be published twice, shall specify the work to be done,
shall state that bids will be received by the City Clerk until 10:00 a.m. on
August
APPROVING PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS
OLD ROCKF ’ORD ROAD TRAIL IMPROVEMENTS
CITY PROJECT NO. 2010
WHEREAS, pursuant to a resolution passed by the Council on May 14, 2002 the City ’s
Consulting Engineer, Howard R. Green Company, has prepared plans and specifications
for Old
CITY OF PLYMOUT H
RESOLUTION NO. 2002
7
L-x--
ROCKFORD ROAD TRAIL EXTENSION
FROM HOLLY LANE TO PEONY LANE
Dm
CITY PROJECT NO. 201 0
OLD
PROJECT LOCATION
Hagen, P.E., Assistant City Engineer
SUBJECT:REDUCTION IN REQUIRED FINANCIAL GUARANTEE
ACTION REQUESTED: We have received a request from the developer for a
reduction in the required financial guarantees to reflect completed work in the
development. The City has made inspections of the work and I recommend that the
attached resolution be adopted. The development is:
1.Holly Creek Village Addition
Assistant City Engineer
97011)
attachment:Resolutions
t@ Daniel L. Faulkner, P.E., Director of Public Works
FROM:John M.
Dwight D. Johnson, City Manager, through
23,2002
TO:
15,2002, for Council Meeting of JulyDATE: July
dotIBGar9701l\RESOL\Fin \pw\Engineering\DEVLMNTS\I997\9701
984
9,184
That the required financial guarantee for the above items be reduced as detailed above from $21,661 to
9,184 to reflect the completed work. Subdivision Bond No. 121640 in the amount of $32,491 (150% x
21,661) may be reduced to $13,776 (150% x $9,184).
N
O-
8,200
O-
O-
O-
o-
O-
O-
o-
O-
o--
o-$
o-
8,640
2,321
21,661
NEW
AMOUNT
O-
500
O-
o-
o-
O-
O-
O-
2,000
8,200
1,025,328
CURRENT
AMOUNT
o-
Setting Iron Monuments 8,640
Design, Administration, Inspection, As-Builts 109,857
TOTAL
NURP Pond Construction 1,050
Wetland Buffer Posts 7,000
Street Signs (4x200)800
Site Grading and Drainage Improvements 344,548
Park and Trail Improvements
l), has agreed to install certain improvements for said
development; and
WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and
WHEREAS, the developer has requested a reduction of the required financial guarantee to reflect the
completed work;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA; that the financial guarantee requirements are reduced as follows:
ITE M
ORIGINAL
AMOUNT
Street Construction $ 143,823
Sanitary Sewer 134,668
Watermain 128,140
Storm Sewer 127,607
Boulevard and Drainage Swale Sod 11,000
Mitigation Pond Construction 8,200
REDUCING REQUIRED FINANCIAL GUARANTEE
HOLLY CREEK VILLAGE ADDITION (97011)
WHEREAS, in accordance with the development contract dated April 12, 1998, Town and Country Homes,
Inc., developer of Holly Creek Village Addition (9701
RESOLUTION NO. 2002
dotIBCiar9701l\RESOLWinN~\pw\EngineeringiDEVLMNTS\I997\9701
23,2002.
o-
FURTHER BE IT RESOLVED that the financial guarantee for the above items be reduced from $1,000 cash
to $0 (zero) and the required financial guarantee being reduced from $15,000 to $0 (zero). Letter of Credit
No. SPL 36430 may be reduced accordingly, and will be released by the Finance Department.
Adopted by the City Council on July
o-
25,700 $ 15,000
HOLLY CREEK VILLAGE (97011)
Page Two
FURTHER BE IT RESOLVED that the financial guarantee requirements for the following items per Section
8.1 of the approved development contract be reduced as follows:
ORIGINAL CURRENT NEW
ITE M AMOUNT AMOUNT AMOUNT
Maintenance of Erosion and Sediment
Control Plan, Street Sweeping, and Storm
Sewer Cleaning
Cash:
Letter of Credit No. SPL 36430:
1,000 $ 1,000 $
RESOLUTION NO. 2002
Map
Ronald S. Quanbeck, P.E.
attachments: Resolutions
Petition
Preliminary Engineering Report
W9Ud
23,2002
TO:wight D. Johnson, City Manager through
Daniel L. Faulkner, P.E., Director of Public Works
FROM:Ronald S. Quanbeck, P.E. City Engineer
SUBJECT: ACCEPT PETITION, ORDER PRELIMINARY ENGINEERING REPORT,
RECEIVE REPORT AND ORDER STREETLIGHT PROJECT
SUMMER CREEK ADDITION
ACTION REQUESTED: Make a motion to adopt the attached resolution to accept the
petition, order a preliminary engineering report, receive report and order a streetlight project
for Summer Creek Addition.
BACKGROUND: We have received a petition from GM Homes requesting installation of
streetlights in Summer Creek Addition.A report has been prepared for the project.
RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council
adopt the two attached resolutions accepting the petition, ordering the preliminary
engineering report, receive the report and order the streetlight project for Summer Creek
Addition.
15,2002, for the City Council Meeting of July
Rl$PORT
DATE: July
PLYMOUTW
CITY COUNCIL AGENDA
3
CITY OF
I_JIAgendaNumber:
with all convenient speed advising the Council in a preliminary
way as to whether the proposed improvement is feasible and as to whether it should
best be made as proposed or in conjunction with some other improvement and the
estimated cost of the improvement as recommended.
Adopted by the City Council on July 23, 2002.
DECLARING ADEQUACY OF PETITION AND
ORDERING PREPARATION OF REPORT
STREET LIGHTING
SUMMER CREEK ADDITION
WHEREAS, a petition has been received from the developer requesting installation of
ornamental residential street lighting in the Summer Creek Addition.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA:
1.
2.
3.
A certain petition requesting the improvement of Summer Creek Addition by the
installation of residential ornamental street lighting, filed with the City Council on
July 23, 2002, is hereby declared to be signed by the required percentage of owners
of property affected thereby. This declaration is made in conformance to Minnesota
Statutes Section 429.035.
The petition is signed by 100% of the affected property owners and they have
waived their rights to public improvement and special assessment hearings.
The petition is hereby referred to the City Engineer and he is instructed to report to
the City Council
CITY OF PLYMOUTH
RESOLUTION NO. 2002
Xcel Energy.
Adopted by the City Council on July 23, 2002.
RECEIVING REPORT AND ORDERING PROJECT
STREET LIGHTING
SUMMER CREEK ADDITION
WHEREAS, pursuant to a resolution of the Council adopted July 23, 2002, a report has been
prepared by the City Engineer with reference to the improvement of Summer Creek Addition
by the installation of ornamental residential street lights and this report was received by the
Council on July 23, 2002.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA:
1. The City Council finds and determines that said petition was signed by all the
owners of real property within the plat named as the location of the
improvements.
2. Such improvement is hereby ordered as proposed in the Council resolution
adopted July 23, 2002. The petitioners have waived their right to a public
hearing.
3. The City Engineer is hereby designated as the engineer for these improvements.
He shall coordinate the work which will be done by
CITY OF PLYMOUTH
RESOLUTION NO. 2002
dot\\alpha2\ntdisk1\pw\Engineering\STRLGHTS\PRELRPTSV002\SummerCr~k_PrelRpI
Quanbeck
Reg. No
19396
DATED: July 23, 2002
uf
Ronald S.
fldd$
Xcel Energy under
contract franchise with the City of Plymouth.
The lights will be their standard “traditional” post top unit mounted on a fiberglass
pole and the wiring will be underground from the transformer.
The project is feasible and should be undertaken as outlined above.
PRELIMINARY ENGINEERING REPORT
ORNAMENTAL RESIDENTIAL STREET LIGHTING SYSTEM
SUMMER CREEK ADDITION
Attached to this report is a petition received from the developer and/or property
owners of 100% of the property known as Summer Creek Addition requesting street lights.
The project consists of the installation of ornamental street lights for the plat with the
lights to be placed at the locations shown on the attached map.
There are two (2) lights at a monthly cost of $15.05 per light for a total cost of
66.46 bimonthly, including sales tax and contingencies at $. 10 per lot per month.The
project would be billed on a bimonthly basis to all the lots in the addition, a total of 11 lots,
which results in an estimated cost of $6.04 per lot per billing period.
The rate quoted above is dependent upon the operating cost for
AL____2\
CWV
We do hereby waive our right to public improvement hearings and special assessment hearings on this
improvement.
ADDRESS
STLT DOC
ch4meh- 3
CITY OF PLYMOUTH
PETITION FOR STREET LIGHTING
We, the undersigned, do hereby petition the City of Plymouth, Mayor and Council for the installation of street
lights in the following area:
7_10_02.da:rc STA Bylaws AmendN:\pw\Engineering\TRANSIT\RESOL\2C0Z\CC Memo
P. A., the STA lobbyists, explaining each of these
changes.
Kramer
2/3 of the member city
councils. This was done to make the provisions in the JCA and the Bylaws compatible.
The sole exception to the changes in JCA is the creation of an STA Executive Committee,
made up of the Chair, the Vice Chair and the Secretary/Treasurer to meet and act between
times when the full Board of Directors meets, or in the event that a quorum of the Board of
Directors can not be achieved.
PROPOSED CHANGES:Attached is a copy of the STA Bylaws with proposed changes
indicated by striking out deleted language and underlining added language.Also attached is
a memorandum from Messerli
2/3 vote of the member city councils.The STA Board of Directors also amended
the JCA at their July 9, 2002 meeting to reflect the same changes included in the Bylaws
change and to require future JCA amendments be approved by
2/3 vote of the STA Board of Directors, but amendments to the Bylaws
require a
2/3 of the member city councils approve these Bylaws
changes for them to become final.
Of interest, the STA Joint and Cooperative Agreement (JCA) has stated that the JCA can be
amended by a
DATE:July 10, 2002 for the City Council Meeting of July 23, 2002
TO:Dwight D. Johnson, City Manager through
L. Faulkner, P.E., Director of Public Works
FROM:Pat Qvale, Public Services Manager
George C. Bentley, Transit Consultant
SUBJECT:PROPOSED CHANGES TO STA BYLAWS
ACTION REQUESTED: Make a motion to adopt the attached resolution approving the
Suburban Transit Association (STA) Bylaws changes as recommended by the STA Board of
Directors.
BACKGROUND:On July 9, 2002, the STA Board of Directors met and voted
unanimously to recommend approval of changes to the STA Bylaws to the STA member
cities.The Bylaws require that
I’ i,,Agenda Number:
7_10_02.docreSTABylawsAmendN:\pw\Engineehg\TRNSIT\RESOL\2002\CC Memo
Kramer
STA Bylaws with Revisions
Resolution
Memorandum from Messerli
The JCA requires the calling of two Board
meetings per year, and this change brings the Bylaws into compliance with the JCA.
Also, the change from “held” to “called” better reflects the reality of challenges
experienced in achieving quorums at Board meetings.
Changing language regarding the calling of a special Board meeting to reflect
language in the JCA.
Changing language in the Bylaws regarding amendments to be consistent with
language in the JCA.
None of these changes was deemed to be controversial, and they were all accepted by the
STA Board of Directors unanimously.
RECOMMENDATIONS AND CONCLUSIONS: It is recommended that the City
Council adopt the attached resolution approving the Suburban Transit Association (STA)
Bylaws changes as recommended by the STA Board of Directors.
attachment
SUBJECT: PROPOSED CHANGES TO STA BYLAWS
These changes are:
Cleaning up language regarding who is a member of the STA.
A change in the term of officers from one to two years, which experience has taught
is a better term length.Presently, all officers are elected to office for two
consecutive one year terms which allows the officers to gain the proper experience
necessary.
Changing language to require that the Board shall be “called” at least two times per
year, rather than “held quarterly.
7_10_02.docAmendReSTABylawsResN,\pw\Engineering\TRSI~SOLU002\CC
23,2002
9,2002 meeting.
Adopted by the City Council on July
APPROVING CHANGES TO THE SUBURBAN
TRANSIT ASSOCIATION BYLAWS
WHEREAS, the City of Plymouth is a member of the Suburban Transit Association; and
WHEREAS, the Suburban Transit Association operates under a Joint and Cooperative
Agreement and Bylaws as initially approved by the member cities; and
WHEREAS, the Suburban Transit Association Board of Directors has recommended
changes to these Bylaws, which require approval by at least two-thirds of the member city
councils; and
WHEREAS, the Plymouth City Council has determined that it is in the best interests of the
City to approve the recommended changes to the Suburban Transit Association Bylaws
consistent with the recommendation of the Suburban Transit Association Board of Directors.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA:
1. That the City Council hereby adopts this resolution approving
amendments to the Suburban Transit Association Bylaws as
recommended by the Suburban Transit Association Board of Directors at
its July
CITY OF PLYMOUTH
RESOLUTION NO. 2002
7_10_02.docN.\pw\Engineering\TRSIT\RESOL~OO2\CC Res Re STA Bylaws Amend
file in my
WITNESS my hand officially as such City Clerk and the C orporate seal o f t he City this
day of
City Clerk
with the original thereof on
oflice, and the same is a correct transcription thereof.
ertifies that I compared the foregoing resolution adopted at a meeting of the
Plymouth City Council on
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth,
Minnesota, c
in order to be consistent with the JCA. The JCA
requires meetings to be called at least two times per year.
Changes procedure to call a special meeting of the Board of Directors to make this
language consistent with the language in the JCA.
Changes procedures to propose and ratify amendments to the Bylaws to be
consistent with procedures to amend the JCA, as stated in the JCA.
alled” at least two times per year,
rather than “held quarterly,
1
Eliminates listing of initial members of STA. Defines membership in STA in
general terms.
Changes length of terms of officers from one year to two years.
States that meetings of the Board shall be “c
0 3
Art. X,
0 1
Art. VII,
0 1
Art. VII,
0 1
Art. VI,
651/228-9757 or tpoul@mandklaw.com.
Art.1,
2/3 of member city councils. If you
have any questions about the proposed changes, please feel free to contact Tom Poul, STA
Lobbyist, at
KIXIG
professional association
TO:STA Member Cities
FROM:STA Board of Directors
DATE:July 10, 2002
RE:Proposed Changes to the STA Bylaws
The STA Board of Directors has recommended the following amendments to the STA Bylaws. In
order for the changes to take effect, ratification is required by
MEMORANDU M
Messerl i
Se&ion& All definitions included in Article III of the Agreement are incorporated herein.
ARTICLE III.
Se&on_5 “Party” means a municipality which is a Member of the Suburban Transit Association
in accordance with the terms of the Joint and Cooperative Agreement.
Se&ion& “Board” means the governing body of the Association.
Se&on2 “Agreement” means the Joint and Cooperative Agreement.
Section “Association” means the Suburban Transit Association created pursuant to the Joint
and Cooperative Agreement.
S&ion_L For the purposes of these bylaws, the terms defined in this article have the meanings
given them.
rection Additional members of the Association may be added pursuant to the terms of the
Joint and Cooperative Agreement.
ARTICLE II.
DEFINITIONS
THE
SUBURBAN TRANSIT ASSOCIATION
ARTICLE I.
MEMBERSHIP
BYLAWS OF
8ectinn.3. The fiscal year of the Association shall be the calendar year.
Section A depository for Association funds shall be designated by the Board. All books and
records shall be kept in accordance with normal and accepted accounting procedures and principles used
by Minnesota Statutory Cities.
8ection The powers and duties of the Board are those set forth in the Agreement.
ARTICLE V.
FINANCIAL MATTERS
Section The Association shall request of the Members the expenditure of funds necessary to
support the accomplishment of its purposes. Such funds shall be expended by the Members in
accordance with the procedures established by law for the expending of funds for Minnesota statutory
cities. Legal instruments shall be executed with the authority of the Association, by the Chair and the
Secretary-Treasurer.
Section Any Member may be permitted to inspect and copy the Association books and records
at any and all reasonable times.
w Board Members shall serve without compensation from the Association.
Section A vacancy on the Board shall be filled by appointment for the unexpired portion of
the Member’s term by the Council of the Member whose position on the Board is vacant.
ARTICLE IV.
POWERS AND DUTIES OF THE BOARD
Fectinn The governing body of the Association is its Board of Members. Each Party is
entitled to one (1) member. Each Member is entitled to one vote.
THE BOARD
Se&iot& The Secretary-Treasurer shall attend all sessions of theBoardandcausetobe
recorded all votes and theminutesof all proceedings in aminutebookkeptforthat purpose.Such
written record shall routinely be tiledwiththeBoardMembers. TheSecretary-Treasurer shall cause to
be givennoticeof allmeetings of theBoard and ofcommittees, and shallperformsuchother duties as
may be prescribed by theBoard.
3
Sectinn The Vice-Chair shall, in the absence or disability of theChair, performthe duties and
exercise thepowersof theChair and shall performsuchother duties as theBoard shall prescribe.
onet.wo-year term, or until replaced by action of the
Association. The office ofChair shall be elected byBoardMembers of the Association andmustbean
elected official. TheVice-Chair shall be elected byBoardMembers of the Association. The Secretary-
Treasurer shall also be elected byBoardMembers of the Association. During the first year of existence,
the BoardMembersmay electCo-Chairs of theAssociation.
Section The Chairshall be the chief presiding officer of theAssociation. TheChairshall
preside at allmeetings of theBoard. The Chair shall haveprimaryresponsibility for seeing that all
orders and resolutions of theBoardare carried into effect. The Chairshall be an ex-officiomember of all
committees and shall have the generalpowersandduties of supervision andmanagementusually vested
in the office of president.
8ectinn At the end of each calendar year, the Secretary-Treasurer shallmakean annual
financial report andsubmitthesameinwriting to theBoardatitsnextmeeting.The Board shallsubmit
said report, after its approval, to theCouncilofeachMember.
ARTICLE VI.
OFFICERS
Section The officers of theAssociation shall be theChair, Vice-Chair and Secretary-
Treasurer, each ofwhomshall serve for a
8ection The officers of theAssociationmay give bond if required by theBoard, at
Association expense, with corporate sureties satisfactory to theBoard, for the faithfulperformanceof
their duties and for the restoration to theAssociation, in case of death, resignation, retirementorremoval
from office, of all books, papers, vouchers, money and propertyofwhatever kind in their possession or
undertheir control belonging to theAssociation.
Section The Associationmay appointsuch other officers as itdeemsnecessary. All such
officers shall be appointedfromthemembership of the Association.
4
Sectinn The Secretary-Treasurer shall have responsibility for overseeing all funds and other
valuable effects of theAssociation. The Secretary-Treasurer shall oversee thedisbursementsofthefunds
of theAssociation, as ordered by theBoard, taking the proper vouchers for suchdisbursements, and shall
causeto be rendered to theBoard, at regularmeetings of theBoard, orwheneverthe Boardmay require
it, an account of all the transactions of theAssociationand an account of the financial condition of the
Association.
Section The Boardmay designatea recording secretary toperformtheduties and
responsibilities of the Secretary-Treasurer as set forth inArticleVI, Section 4. In such event, the
Secretary-Treasurer shall be the custodian of the records of all proceedings of theAssociation.The
recording secretary shall not be an officer of theAssociation.The recordingsecretaryneednotbe
designatedfromthemembership of the Association.
S ec ti nnAtany m eeting of the B oard , t he presence of B oard M e m bers representing a m a jority
of the Parties shall constitute a quoru m .If a quoru m is not present at any m eeting , t hose present shall
have the po w er to adjourn the m eeting w it hou t no tice other than announce m ent at such m eeting , un til t he
requ isite nu m ber of B oard M e m bers sha ll be present to constitute a quoru m .A t any ad journed m eeting
at w h ich a quoru m is p resent , any bus iness m ay be transacted w h ich m igh t have been transacted at the
s~~.~.cia.l..n7~~~~~~.~.~.~
Sec ti onR easonab le notice of regular m eetings shall be given preferably seven (7) days prior
to each m eeting .A t least three (3) days notice of a special m eeting shall be given unless shorter notice is
requ ired due to an e m ergency .
S ection N o tices of all m eetings shall specify the ti m e and p lace of such m eetings and shall
inc lude the agenda of sa id m eeting . The ti m e and p lace of all m eetings called by the C ha ir shall be
deter m ined by the C ha ir. The ti m e and p lace of special m eetings called by others shall be deter m inedby
the persons ca lli ng the m eetings .
h ...i. n ... ~ ... agenda ...s ha .ll...t.. ~m aft.ers set
0n .l. y_...inch~de...~,~.~...~~~~~~.~~~~~~~~..~,~_~s~~~~.~~~~~~s.h.al..l,...S1 ,1.~ .7... ndic9l.......M .c.m h.kxsgi. ~ .en... ~ .n..~ .~ .~B .~~~~s.hal.l....he
da.~.~.!...~~!.~~j~t~~...~.~~.ti_~~~...~~.~..~~~.~l...m~ .~~ ,~.~~~X lnx.~...~3.$.l......M .e m .h .aBnard~~.?;:ri~~.~.~.l1...~~~.~~~~~~~...~~~~..~.h.~ m~~ .~~~i~.~...~~.~.~.~.~
rn~~_ ..L:... ~.~.~~~~_ .~.~~ .~..Ca) .., ~,.~.~... ~:~.~.~.~..~~~ ... ~~~_~~ ... ~.~~ .LlpnnH .na .rdSpeci~ m ~~ .~~ .in.gs...nf. ~ .~~~____.._
l3o m -d(= I /? \
m .ee~ .ing... ~ ..,l; ~~~~~ .~
Sec ti onW ritten notice of all m eetings of the B oard sha ll be sent to all B oard M e m bers as they
appear on the records of the Secretary-T reasurer .
ur~~.~~.tl.i.~,~~,;~.~~~~.l....
onLQ_ The Chair may determine the order of business for Board meetings.
ARTICLE IX.
COMMITTEES
Section The Board may appoint such committees in addition to those required by these bylaws
and the Agreement, as the Board shall deem necessary. Such committees shall be selected in the manner
determined by the Board.
ARTICLE X
AMENDMENTS TO BYLAWS
Se&on_% Unless otherwise specified in the Joint and Cooperative Agreement or in these
bylaws, all meetings of the Board and all meetings of other committees of the Association shall be
conducted in accordance with Roberts ’ Rules of Order Revised.
Sectinn Copies of the minutes of any meeting of the Board shall be promptly distributed to
each person to whom notice of the meeting is required to be sent under the provisions of these bylaws.
Sectinn Any resolution, election, or other formal action of the Association shall be adopted
upon the affirmative vote of two-thirds of the Member municipalities present and voting at any meeting
of the Board, provided said meeting is duly called pursuant to these bylaws and the Joint and Cooperative
Agreement.
meeting as originally called.
s These bylawsare effective upon their adoption by the Board.
SUBURBAN TRANSITASSOCIATION
Dated:
Dated:
By:
By:
ItsCo-Chairs
7
8ection In any instancewhere these bylawsare in conflictwith the Joint and Cooperative
Agreement, suchAgreementshall control.
m2. A two-thirds vote of theMember municipalities shall be necessary to adopt any
proposedamendmentto these bylaws.
1,2003.
BUDGET IMPACT: Since it has been two years since the applicant has held a license, property
owners within 500 feet of the business have been notified. In addition, an investigation fee of
500 and a pro-rated license fee have been received.
RECOMMENDATION: The attached resolution approving an On-Sale 3.2 Malt Liquor
License is recommended for adoption.
120. The
applicant formerly held On-Sale Wine and 3.2 Malt Liquor Licenses at this location. The
applicant voluntarily surrendered their licenses after failing compliance checks in July 1999 and
December 1999.
ALTERNATIVES: Following the public hearing, the Council could approve or deny the
request.
DISCUSSION: All fees and certificates of insurance have been provided. An investigation has
been conducted, and the Police Department has found no reason to deny the license. The
applicant has agreed to participate in the City’s Best Practices Program. The license period for
the On-Sale 3.2 Malt Liquor License would be through January 3
Vinewood Lane,
120.
BACKGROUND: The City has received an application for an On-Sale 3.2 Malt Liquor License
from C.I.A.O. Inc., d/b/a Broadway Pizza of Plymouth, 4 190
Vinewood Lane,
23,2002
1.
2.
3.
4.
5.
6.
ACTION REQUESTED: Conduct a public hearing, and unless information is received to the
contrary, adopt the attached resolution approving an On-Sale 3.2 Malt Liquor License for
C.I.A.O. Inc., d/b/a Broadway Pizza of Plymouth, 4190
24,2002 for City Council meeting of July
VINEWOOD LANE, SUITE 120
DATE:June
ssistant City Manager
SUBJECT: ON-SALE 3.2 MALT LIQUOR APPLICATION FOR C.I.A.O. INC. D/B/A
BROADWAY PIZZA OF PLYMOUTH, 4190
jc/
FROM:Sandy Paulson, City Clerk, through Laurie Ahren?%
1
TO:Dwight D. Johnson, City Manager
iiAgendaNumber:
i
23,2002.
1,2003.
Approved by the City Council on July
120. The on-sale 3.2 malt liquor license is issued for a period through
January 3
Vinewood Lane,
120; and
WHEREAS, the applicant has paid all fees and provided all required insurance certificates; and
WHEREAS, an investigation of the applicant by the Plymouth Police Department resulted in no
recommendation for denial of the license; and
WHEREAS, a public hearing was conducted and the City Council finds no reason to deny the
license;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Plymouth that an on-sale
3.2 malt liquor license is hereby approved for C.I.A.O. Inc., d/b/a Broadway Pizza of Plymouth,
4190
Vinewood Lane,
120
WHEREAS, the City has received an application for an on-sale 3.2 malt liquor license from C.I.A.O.
Inc., d/b/a Broadway Pizza of Plymouth, 4 190
VINEWOOD LANE,
2002-
APPROVING ON-SALE 3.2 MALT LIQUOR LICENSE
FOR C.I.A.O. INC., D/B/A BROADWAY PIZZA OF PLYMOUTH,
4190
CITY OF PLYMOUTH
RESOLUTION NO.
23,2002.
120; and, for the following reasons:
1.
2.
3.
Adopted by the City Council on July
Vinewood Lane,
120; and
WHEREAS, the applicant has paid all fees and provided all required insurance certificates, and
WHEREAS, a public hearing was conducted and the City Council finds reasons to deny the license.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Plymouth that an on-sale
3.2 malt liquor license from C.I.A.O. Inc., d/b/a Broadway Pizza of Plymouth, 4190
Vinewood Lane,
120
WHEREAS, the City has received an application for an on-sale 3.2 malt liquor license from C.I.A.O.
Inc., d/b/a Broadway Pizza of Plymouth, 4190
VINEWOOD LANE,
2002-
DENYING ON-SALE 3.2 MALT LIQUOR LICENSE
FOR C.I.A.O. INC., D/B/A BROADWAY PIZZA OF PLYMOUTH,
4190
CITY OF PLYMOUTH
RESOLUTION NO.
www.ci.plymouth.mn.us
509-5000
BeautifdTlace lo Live
3400 PLYMOUTH BOULEVARD ?PLYMOUTH, MINNESOTA 55447-1482 ??TELEPHONE (763)
a
Kurt Hoffman
Deputy City Clerk
encl.
PLYMOUT H
120. You or
a 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 have posted a copy of the hearing
notice at the City Center and have provided for the required published and mailed notice.
If you have questions regarding this hearing or need further information prior to the hearing, please
contact me at 763-509-5054 or City Clerk Sandy Paulson at 763-509-5080.
Sincerely,
Vinewood Lane,
23,2002, at 7:00 p.m. in
the Council Chambers of the City Center, 3400 Plymouth Blvd., to consider your application for an
on-sale 3.2 malt liquor license at Broadway Pizza of Plymouth, 4190
Wooddale Drive, Suite # 202
Woodbury, MN 55125
Dear Randy,
The Plymouth City Council will conduct a public hearing on Tuesday, July
2,2002
C.I.A.O., Inc.
d/b/a. Broadway Pizza of Plymouth
Attn: Randy Winger
18 18
PLY MOU TH
July
OfCITYF?
www.ci.plymouth.mn.us
509-5000
lo Live
3400 PLYMOUTH BOULEVARD ??PLYMOUTH, MINNESOTA 55447-1482 ??TELEPHONE (763)
BeautifdTlhceX
23,2002, 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.
Sandra R. Paulson, CMC
City Clerk
763-509-5080
PLYMOUT H
120, on Tuesday, JulyVinewoodLane,
120
NOTICE IS HEREBY GIVEN that the Plymouth City Council will conduct a hearing on the on-sale
3.2 malt liquor license application of C.I.A.O. Inc. d/b/a Broadway Pizza of Plymouth, 4910
VINEWOOD LANE,
PLVM0UT t-t
NOTICE OF HEARING
ON-SALE 3.2 MALT LIQUOR LICENSE APPLICATION
FOR C.I.A.O. INC., D/B/A BROADWAY PIZZA OF PLYMOUTH,
4190
I
I-
TOUCHE PROPERTY TAX GROUP
PO BOX811280CHICAGO, IL 60681-1280
15-118-22-l 3-0008
BBP RETAIL LLC
100 BUSHSTSANFRANCISCO, CA 94104
15-l 18-22-l 3-0009MPLSINDUSTRIAL PORTFOLIO-l INC
125 S WACKER DR
CHICAGO, IL 60606
15-118-22-13-0009
DELOITTE & TOUCHE PROPERTY TAX GROUP
PO BOX 811280
CHICAGO, IL 60681-1280
15-l 18-22-13-0009
BBP RETAIL LLC
100 BUSH ST
SAN FRANCISCO, CA 94104
TOUCHE PROPERTY TAX GROUP
PO BOX811280CHICAGO, IL 60681-1280
15-I 18-22-l 3-0008
DELOITTE
TOUCHE PROPERTY TAX GROUP
PO BOX 811280
CHICAGO, IL 60681-1280
15-l 18-22-l 3-0007
BBP RETAIL LLC
100 BUSH ST
SAN FRANCISCO, CA 94104
15-l 18-22-l 3-0007DELOITTE
VINEWOOD LNNPLYMOUTHMN55441
15-118-22-l 3-0004
BETTGER INC
18315 RIDGEWOOD RD
MINNETONKA, MN 55435
15-118-22-l 3-0006MPLSINDUSTRIAL PORTFOLIO-I INC
125 S WACKERDRCHICAGO, IL 60606
15-l 18-22-l 3-0006
BBP RETAIL LLC
100 BUSH ST
SAN FRANCISCO, CA 94104
15-l 18-22-l 3-0006
DELOITTE
VINEWOOD LNNPLYMOUTH, MN 55442
15-l 18-22-l 2-0052STATEOFMINNESOTA
300 S 6TH ST GOVNMENT CTR
MINNEAPOLIS, MN 55487-0063
15-l 18-22-l 3-0006
BAKERS SQUARE
4100
CORINNE E MCGRAW MAXINE M SKOLD SHARI FOLEY
4210 UNDERWOOD LN N 4200 UNDERWOOD LN N 4205 UNDERWOOD LN N
PLYMOUTH, MN 55442 PLYMOUTH MN 55442 PLYMOUTH MN 55442
15-118-22-l 2-0051
THOMAS L JONES
LINDA E JONES
4215 UNDERWOOD LN N
PLYMOUTH, MN 55442
15-l 18-22-l 3-0004
TEXACO PLZ
4075
18-22-12-0047MICHAELKHAIGHTJACKRLYONFRANKAMEUERSLISAHAIGHTLEANNKLYONVIRGINIABMEUERS4240UNDERWOODLNN4230UNDERWOODLNN4220UNDERWOOD LNNPLYMOUTHMN55442PLYMOUTHMN55442PLYMOUTHMN55442
15-l 18-22-l 2-0048 15-l 18-22-l 2-0049 15-l 18-22-l 2-0050
MARTIN P MCGRAW JEFFREY V SKOLD JOHN A FOLEY JR
15-I 18-22-l 2-0041 15-l 18-22-l 2-0042 15-l 18-22-l 2-0043
MICHAEL A LEAR DENNIS D MURSCHEL DUANE L MCDONNELL
4210 WEDGEWOOD LN N JANE M MURSCHEL LOIS M MCDONNELL
PLYMOUTH, MN 55442 4220 WEDGEWOOD LN N 4230 WEDGEWOOD LN N
PLYMOUTH MN 55442 PLYMOUTH MN 55442
15-l 18-22-l 2-0045 15-l 18-22-l 2-0046 15-l
XENIUM LN N
PLYMOUTH MN 55442
15-118-22-l 2-0039PATRICKHENKEMEYERSUSANHENKEMEYER
4205 WEDGEWOOD LNNPLYMOUTHMN55442
15-l 18-22-l 2-0037
DAVID R WEDEL
BEVERLY M WEDEL
4225 WEDGEWOOD LN N
PLYMOUTH MN 55442
15-118-22-l 2-0040
JEFFREY J MICHAELS
MELONYMICHAELS4200WEDGEWOOD LNNPLYMOUTHMN55442
ZIMA
4200
ZIMA
SUZANNE L
DIST
3800 CO RD 24
MAPLE PLAIN, MN 55359
15-l 18-22-l 2-0038JAMESWARNOSTAMYEARNOST
4215 WEDGEWOOD LN N
PLYMOUTH MN 55442
15-l 18-22-l 2-0030
SCOTT BHENNEPINCOPARKRESERVE
15-118-22-l I-0002
FWY
DALLAS, TX 75240
WILMONT RD # 75
15-118-22-42-0014
MODERNAGE INC
6820 LBJ
02767
18-22-42-0009
BETTYBEGIN5635VICKSBURG LN N
PLYMOUTH, MN 55446
15-l 18-2242-0011
AMOCO OIL CO
200 E RANDOLPHDRCHICAGO, IL 60606
15-118-22-42-0012
WALGREENS
DIST
3800 CO RD 24
MAPLE PLAIN. MN 55359
15-l
18-2241-0003HENNEPINCOPARK RESERVE
RITTEN
12815 42ND PL N
PLYMOUTH MN 55442
15-118-22-14-0015
RODNEY E KOSMATKA
RENEE AHYMAR-KOSMATKA
12845 42ND PL N
PLYMOUTH, MN 55442
15-l
RETA M BENNETT
JANICE M FLEMING
4130 QUINWOOD LN N
PLYMOUTH, MN 55442
15-l 18-22-l 4-0012
JEROME P
0950
P 0 BOX9456MINNEAPOLIS, MN 55440-9456
15-l 18-22-l 4-0008
15-118-22-42-0012
ALBERT CKEMPF262ASHLEYRDHOPKINS, MN 55343
15-l 18-22-l 3-0011
TARGET CORPORATION T-0664C/O PROPERTY TAX DEPARTMENT
TPN
VINEWOOD LNNPLYMOUTHMN55446
18-22-42-0009
COTTONWOOD PLAZA
3900
VINEWOOD LN N
PLYMOUTH MN 55446
15-l
ROCKFORD RD
PLYMOUTH MN 55441
15-l 18-22-42-0008
ANCHOR BANK
3950
15-118-22-41-9002
ST JOSEPHCHURCH13015
DIST
3800 CO RD 24
MAPLE PLAIN, MN 55359
15-118-22-144010
MICHAEL B SHEEKS
SHERYL L SHEEKS
4145 QUINWOOD LNNPLYMOUTHMN55442
15-118-22-14-0014
BRIAN A BACHMEIER
SARAH J BACHMEIER
12835 42ND PL N
PLYMOUTH MN 55442
VINEWOOD LN N
PLYMOUTH, MN 55442
15-118-22-l 4-0005
HENNEPIN CO PARK RESERVE
VINEWOOD LNNPLYMOUTH, MN 55446
15-l 18-22-l 3-0010
BLOCKBUSTERVIDEO4105
18-2242-0008
FIRST NATIONAL BANK OF WAYZATA
1053 E WAYZATA BLVD
WAYZATA MN 55391
15-l 18-2242-0009
JEROME P BEGIN
BETTY BEGIN
5635 VICKSBURG LN N
PLYMOUTH, MN 55446
15-118-2242-0012
WALGREENS4005
18-22-14-0044
CITY OFPLYMOUTH3400PLYMOUTHBLVD
PLYMOUTH, MN 55447
15-l
15-118-22-14-0009
STEVEN MSCHULTE4135QUINWOODLNN
PLYMOUTH MN 55442
15-118-22-14-0013
RONALD J SZEWS
JANICE W SZEWS
12825 42ND PL N
PLYMOUTH MN 55442
15-l
VINEWOOD LN N
PLYMOUTH MN 55442
15-118-22-13-0010
ROCKY POINT PRTNRSHP
5012 RICHMOND DR
EDINA. MN 55436
15-118-22-13-0011
TARGET GREATLAND
4175
1, and no noise related complaints have been registered.
Staff recommends that the same conditions be continued.
BUDGET IMPACT: This is a new establishment, and an investigation fee of $500 has been
received. Pro-rated license fees have been paid.
RECOMMENDATION: The attached resolution approving On-Sale and Sunday Intoxicating
liquor Licenses are recommended for adoption.
1,2003.
The Coquito’s Mexican Grille currently has a condition on their Wine and 3.2 Malt Liquor Licenses
that no amplified music or sound is permitted on the site between the hours of 10:00 p.m. and 9:00
a.m. due to noise complaints that were registered at this site when the previous licensee, Baku
Restaurant, was in operation. There were four noise incidents related to the Baku Restaurant that
were reported during the period of April 2000 through May 2001.Coquito’s Mexican Grille has
been in operation since November 200
23,2002
1.
2.
3.
4.
5.
6.
ACTION REQUESTED: Conduct a public hearing, and unless information is received to the
contrary, adopt the attached resolution approving on-sale and Sunday Intoxicating Liquor Licenses
for Pirosmani, Inc. d/b/a Pirosmani, 1115 Vicksburg Lane.
BACKGROUND: The City has received an application for On-Sale and Sunday Intoxicating Liquor
Licenses from Pirosmani, Inc. d/b/a Pirosmani, 1115 Vicksburg Lane. Coquito’s Mexican Grille
currently operates at this site.
ALTERNATIVES: Following the public hearing, the Council could approve or deny the request.
DISCUSSION: All fees and certificates of insurance have been provided. An investigation has been
conducted, and the Police Department has found no reason to deny the licenses. The applicant has
agreed to participate in the City’s Best Practices Program. The license period for the On-Sale and
Sunday Intoxicating Liquor Licenses would be through January 3
1,2002 for City Council meeting of July
PIROSMANI, 1115 VICKSBURG LANE
DATE:July
d/b/a
ONSALE AND SUNDAY INTOXICATING LIQUOR APPLICATIONS FOR
PIROSMANI, INC.
dkens, Assistant City Manager
a
TO:
FROM:
SUBJECT:
Dwight D. Johnson, City Manager
Sandy Paulson, City Clerk, through Laurie
IAgendaNumber:
23,2002.
1,
2003.
Approved by the City Council on July
2002-
APPROVING ON-SALE AND SUNDAY INTOXICATING LIQUOR LICENSES
FOR PIROSMANI, INC. d/b/a PIROSMANI,
1115 VICKSBURG LANE
WHEREAS, the City has received an application for on-sale and Sunday intoxicating liquor licenses
from Pirosmani, Inc. d/b/a Pirosmani, 1115 Vicksburg Lane; and
WHEREAS, the applicant has paid all fees and provided all required insurance certificates; and
WHEREAS, an investigation of the applicant by the Plymouth Police Department resulted in no
recommendation for denial of the license; and
WHEREAS, the establishment abuts a residential neighborhood and noise complaints have been made
relating to a previous establishment holding a liquor license at this location.
WHEREAS, a public hearing was conducted and the City Council finds no reason to deny the license;
and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Plymouth that on-sale and
Sunday intoxicating liquor licenses from Pirosmani, Inc. d/b/a Pirosmani, 1115 Vicksburg Lane, with the
condition that no amplified music or amplified sound is allowed on the site between the hours of 10:00
p.m. and 9:00 a.m. The on-sale and Sunday intoxicating are issued for a period through January 3
CITY OF PLYMOUTH
RESOLUTION NO.
23,2002.
2002-
DENYING ON-SALE AND SUNDAY INTOXICATING LIQUOR LICENSES
FOR PIROSMANI, INC. d/b/a PIROSMANI,
1115 VICKSBURG LANE
WHEREAS, the City has received an application for on-sale and Sunday intoxicating liquor licenses
from Pirosmani, Inc. d/b/a Pirosmani, 1115 Vicksburg Lane; and
WHEREAS, the applicant has paid all fees and provided all required insurance certificates, and
WHEREAS, a public hearing was conducted and the City Council finds reasons to deny the license.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Plymouth that on-sale and
Sunday intoxicating liquor licenses are hereby denied for Pirosmani, Inc. d/b/a Pirosmani, 1115
Vicksburg Lane, for the following reasons:
1.
2.
3.
Adopted by the City Council on July
CITY OF PLYMOUTH
RESOLUTION NO.
www.ci.plymouth.mn.us
509-5000
BeautifulTace lo Live
3400 PLYMOUTH BOULEVARD ??PLYMOUTH, MINNESOTA 55447-1482 ??TELEPHONE (763)
a
Kurt Hoffman
Deputy City Clerk
encl.
PLYMOUT H
23,2002, at 7:00 p.m. in
the Council Chambers of the City Center, 3400 Plymouth Blvd., to consider your application for an
on-sale and Sunday intoxicating liquor licenses at 1115 Vicksburg Lane. You or a 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 have posted a copy of the hearing
notice at the City Center and have provided for the required published and mailed notice.
If you have questions regarding this hearing or need further information prior to the hearing, please
contact me at 763-509-5054 or City Clerk Sandy Paulson at 763-509-5080.
Sincerely,
2,2002
Anna Sizonenko
17987 Evener Way
Eden Prairie, MN 55346
Dear Ms. Sizonenko:
The Plymouth City Council will conduct a public hearing on Tuesday, July
PLVMOUTH
July
www.ci.plymouth.mn.us
509-5000
Beautifd!Place ‘To Live
3400 PLYMOUTH BOULEVARD ??PLYMOUTH, MINNESOTA 55447-1482 ??TELEPHONE (763)
a
23,2002, 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.
Sandra R. Paulson, CMC
City Clerk
763-509-5080
PLYMOUT H
PLYMOUTH
NOTICE OF HEARING
ON-SALE AND SUNDAY INTOXICATING LIQUOR APPLICATIONS FOR
PIROSMANI, INC. d/b/a PIROSMANI,
1115 VICKSBURG LANE
NOTICE IS HEREBY GIVEN that the Plymouth City Council will conduct a hearing for on-sale and
Sunday intoxicating liquor licenses for Pirosmani, Inc. d/b/a Pirosmani, 1115 Vicksburg Lane, on
Tuesday, July
OCCITYF?
WANHA
1174 WESTON LN N
PLYMOUTH MN 55447
32-l 18-22-I I-001 2
DELBERT D JENSEN
GWENDOLYN M JENSEN
1175 WESTON LN N
PLYMOUTH MN 55447
32-l 18-22-I I-0015
EGON ANDERSEN
1191 WESTON LN N
PLYMOUTH. MN 55447
32-118-22-11-0018
CHARLES POKORNEY
MAE POKORNEY
1190 XENE LN N
PLYMOUTH MN 55447
RICKFORD
16010 12TH AVE N
PLYMOUTH, MN 55447
29-l 18-2244-0074
GERALD A OLSON
15910 12TH AVE N
PLYMOUTH MN 55447
32-l 18-22-l I-0004
STATE OF MINNESOTA
300 S 6TH ST GOVNMENT CTR
MINNEAPOLIS, MN 55487-0063
32-l 18-22-1 I-0007
NANCY L WENTZEL
1184 WESTON LNNPLYMOUTH, MN 55447
32-l 18-22-l I-0009
LAVONNE M
RABENS
1194XENELNN
PLYMOUTH, MN 55447
29-l 18-22-44-0032
JEAN M WELCH
81 MASON ST
VICTORIA, AUSTRALIA
29-l 18-22-44-0062
KENNETH SCHULZ
AUDREY SCHULZ
16015 14TH AVE N
PLYMOUTH MN 55447
29-118-2244-0071
SCOTT W
32-118-22-ll-!lO17
GORDON W
HAGEN
1190 WESTON LN N
PLYMOUTH MN 55447
32-l 18-22-l I-0008
CHARLOTTE K GUSTAFSON
1180 WESTON LN N
PLYMOUTH, MN 55447
32-l 18-22-l l-001 1
EUGENE C CHAREST
RUTHGCHAREST
1171 WESTON LN N
PLYMOUTH MN 55447
32-118-22-11-0014
DIANNE NASBY
1185 WESTON LN N
PLYMOUTH MN 55447
IDENA A
HAGEN
MALLBERG1592012THAVEN
PLYMOUTH MN 55447
32-l 18-22-l I-0001
VICKSBURG LTD PRTNRSHP
742 TWELVE OAKS CTR
WAYZATA, MN 55391
32-l 18-22-l I-0006
STANLEY J
18-22-44-0073
BRETT S
FELICIA NUSBAUM
16020 12TH AVE N
PLYMOUTH MN 55447
29-I
29-118-22-44~070
KEITH NUSBAUM
CARLSON
15925 14TH AVE N
PLYMOUTH MN 55447
29-118-2244-0033
LEO JORDAN
CAROL JORDAN
15905 14TH AVE N
PLYMOUTH MN 55447
CARLSON
JOAN
IANTHA BALLARD
1181 WESTON LN N
PLYMOUTH MN 55447
32-118-22-11-0016
EVERETT F THIES
LUCILLE L THIES
1195 WESTON LN N
PLYMOUTH MN 55447
29-l 18-22-44-0031
TOMMY
18-22-44X)075
WILLIAM DRAZKOWSKI
JEANNE DRAZKOWSKI
15900 12TH AVE N
PLYMOUTH MN 55447
32-l 18-22-1 I-0005WANDAITHOMPSONJMILESTHOMPSON
1194 WESTON LN N
PLYMOUTH, MN 55447
32-118-22-l I-0008
LYNN GUSTAFSON
17555 28TH AVENPLYMOUTH, MN 55447
32-I 18-22-l I-001 0
MAYNARD L KOOPMANN
ELGAARD M KOOPMANN
1170 WESTON LN N
PLYMOUTH MN 55447
32-118-22-1 I-0013
HUILINTAOWUFAN
16000 12TH AVE N
PLYMOUTH, MN 55447
29-l
QI
18-22-44-0072
ISAACSON
16100 12TH AVE N
PLYMOUTH, MN 55447
29-l
ISAACSON
SHELLEY L
29-l 18-2244-0030
WILLIAM SCHAETZEL
ANN SCHAETZEL
16005 14TH AVE N
PLYMOUTH MN 55447
29-118-22-44-0032
LINDA WELCH
15915 14TH AVE N
PLYMOUTH, MN 55447
29-118-2244-0069
THOMAS R
LINDSTROM
1065 XENE LNNPLYMOUTH, MN 55447
BUIRGE
1051 XENE LNNPLYMOUTHMN55447
32-118-22-l I-0090
LEONORA M DANIELSON
1061 XENE LNNPLYMOUTHMN 55447
32-l 18-22-l I-0091
DAVID J
MITZI OVERLAND
1041 XENE LN N
PLYMOUTH MN 55447
32-l 18-22-l I-0087ANITAROLSON
1045 XENE LN N
PLYMOUTH MN 55447
1035 X ENE LN N
PLYMOUTH MN 55447
32-l 18-22-l I-0088
MARY
HEDRIX
32-l 18-22-l I-0086
JOHN OVERLAND
ARTA ANDRADA
1031 XENE LN N
PLYMOUTH MN 55447
32-l 18-22-l I-0085
JOYCE I
IONA M BAKK
1015 XENE LNNPLYMOUTHMN 55447
32-l 18-22-l I-0082
KENNETH E IVERSON
ROSEMARY A IVERSON
1021 XENE LN N
PLYMOUTH MN 55447
32-l 18-22-l l-0083
HAROLD M SCHAIBLE
DELIA SCHAIBLE
2115 MERTON RD
WAYZATA, MN 55391
32-l 18-22-1 I-0084
CIMARRON PONDS HOMEOWNERS
PO BOX261HOPKINS, MN 55343
32-l 18-22-1 I-0080
HARRIET STAHR
1011 XENE LNNPLYMOUTHMN55447
32-118-22-l I-0081
ELDRIDGE TRUSTEE
1151 XENE LNNPLYMOUTH, MN 55447
32-l 18-22-l l-0032
MABLE R SMITH
1155 XENE LNNPLYMOUTHMN55447
32-l 18-22-l l-0033
MARY-JO LYRENMANN
1161 XENE LNNPLYMOUTHMN55447
32-118-22-l l-0034
PATRICIA SHAPANSKY
32-118-22-l I-0035
ELIZABETH T HAUGEN
1191 XENE LN N
PLYMOUTH MN 55447
32-l 18-22-l I-0036
MELVIN M BEYER
LORNA EBEYER1165XENELNN
PLYMOUTHMN55447 1195 XENE LN N
PLYMOUTH MN 55447
32-l 18-22-l I-0063
HINDA E
LN N
PLYMOUTH MN 55447
32-l 18-22-l I-0030
VERA H SWANSON
1145 XENE LN N
PLYMOUTH MN 55447
32-l 18-22-l I-0031
MIXA
1154 XENE LN N
PLYMOUTH MN 55447
32-l 18-22-I I-0026
PATRICIA HYLAND
1150 XENE LN N
PLYMOUTH MN 55447
32-l 18-22-l I-0027
CAROL S COCKS
1144 XENE LN N
PLYMOUTH MN 55447
32-l 18-22-l I-0028
ROBERT BAKER
1140 XENE LN N
PLYMOUTH MN 55447
32-I 18-22-l I-0029
LEONARD GOLDMAN
PEARLE GOLDMAN
1141 XENE
MCLAIN
1160 XENE LN N
PLYMOUTH. MN 55447
CATHLEEN CARYL
1170 XENE LN N
PLYMOUTH MN 55447
32-I 18-22-l I-0025
MARY L
JANIS M
1164XENELNN
PLYMOUTH MN 55447
32-l 18-22-l I-0024
MARDELLKLINGELHOETS1174XENELNN
PLYMOUTH MN 55447
32-l 18-22-l l-0022 32-l 18-22-l I-0023
GEORGE MOKLER
MARJORIE MOKLER
LN N
PLYMOUTH MN 55447
32-I 18-22-l I-0021
JAMESKLINGELHOETSNANFELT
1184 XENE LN N
PLYMOUTH MN 55447
32-l 18-22-l I-0020
LOUISE J PETERSON
1180 XENENANFELTESTHER
32-118-22-11-0019
ROBERT
32-118-22-11-0119
NAOMI J SEEGER
1095 WESTON LN N
PLYMOUTH MN 55447
32-118-22-11-0117
FAYE YOUNG-UPPMAN
STEPHENUPPMAN1085WESTONLNN
PLYMOUTH MN 55447
32-118-22-11-0118
ANITA L BARNES
1091 WESTON LN N
PLYMOUTH MN 55447
I-01 16
MARK A READER
DOROTHY A WESTON
1081 WESTON LNNPLYMOUTH, MN 55447
JUDITH AULRICH1071WESTONLNNPLYMOUTHMN55447
NORBY
1075 WESTON LNNPLYMOUTHMN55447
32-l 18-22-1
NORBY
PATRICIA A
ROIAND M ULRICH
32-118-22-11-0115
BRUCE C
LUKAWSKI
1045 WESTON LNNPLYMOUTH, MN 55447
32-118-22-l l-01 11
EILEEN ANDERSON
1055 WESTON LN N
PLYMOUTH MN 55447
32-118-22-11-0112
KATHY A LEUPKE
1080 WESTON LN N
PLYMOUTH, MN 55447
32-118-22-11-0113
JOSEPHINE SANSONE
1065 WESTON LN N
PLYMOUTH MN 55447
32-118-22-11-0114
1041 WESTON LNNPLYMOUTHMN55447
32-l 18-22-1 l-0109
MARION
ARCHIE REED
HELEN REED
1035 WESTON LN N
PLYMOUTH MN 55447
32-l 18-22-1 l-01 10
GERALDINE COCHRAN
1051 WESTON LNNPLYMOUTHMN55447
32-118-22-11-0108
KRISTIN ANDERSON
I-01 06
BEN FRIEDMAN
MARION FRIEDMAN
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32-l 18-22-l l-0107RITATEMBREULL
1025 WESTON LNNPLYMOUTHMN55447
32-l 18-22-l32-118-22-11-9105
I-01 02
MARVIN GORANSON
DELORES GORANSON
1011 WESTON LN N
PLYMOUTH MN 55447
32-118-22-11-0103
MAURICE BRYAN
YVONNE BRYAN
1015 WESTON LN N
PLYMOUTH MN 55447
HOGSTAD
1021 WESTON LN N
PLYMOUTH MN 55447
32-118-22-1
32-118-22-11-9100FRANCESEBAERTSCHI
5615 WOODSTOCK AVE
GOLDEN VALLEY, MN 55427
32-118-22-11-0104
JANICE A HANNAMAN
JAMES S
I-01 01
DOROTHY L MERRIAM
1010 XENE LN N
PLYMOUTH MN 55447
MOODIE
5615 WOODSTOCK AVE
GOLDEN VALLEY, MN 55427
32-l 18-22-l
M NEUMAN
1024 XENE LN N
PLYMOUTH MN 55447
32-118-22-11-0100THOMASW
I-01 00
WALTER BAERTSCHI
FRANCES E BAERTSCHI
5615 WOODSTOCK AVE
GOLDEN VALLEY, MN 55427
32-118-22-I I-0098
RICHARD D NEUMAN
HELEN
MEDIN
1030 XENE LNNPLYMOUTHMN55447
32-118-22-l I-0099
JUDITH MORROW
1020 XENE LN N
PLYMOUTH MN 55447
32-l 18-22-l
MEDIN
MELBA
32-118-22-l I-0092 32-l 18-22-1 I-0093
LOIS J FURLONG
1050 XENE LN N
PLYMOUTH MN 55447
32-l 18-22-l I-0094
CAROL OLSON
1044 XENE LN N
PLYMOUTH MN 55447
PATRICIA S FARR
1054 XENE LN N
PLYMOUTH MN 55447
32-118-22-I I-0095
BETTY MARTIN
1040 XENE LNNPLYMOUTHMN55447
32-118-22-l I-0096JANICEMONSON
1034 XENE LNNPLYMOUTHMN55447
32-118-22-l I-0097
DONALD
ROCKFORD RD
PLYMOUTH, MN 55441
DIST
12615
I-01 21
ROBERTNICHOLSANDREANICHOLS1090WESTONLN N
PLYMOUTH MN 55447
32-118-22-11-0124
ROMAN F STAUB
LORRAINE A STAUB
1034 WESTON LN N
PLYMOUTH, MN 55447
32-l 18-22-l l-01 27
ROBERT WMILLER1010WESTONLNN
PLYMOUTH, MN 55447
32-118-22-11-0159
PATRICIA E KRON
995 XENE LN N
PLYMOUTH, MN 55447
32-118-22-11-0168
DONALD CWILLIAMSVIRGINIARWILLIAMS
17410 23RD AVE N
PLYMOUTH, MN 55447
33-l 18-22-22-0001
SUBURBAN HENNEPIN REGIONAL PARK
55447
32-l 18-22-l
I-01 69
CIMARRON PONDS HOMEOWNERS
PO BOX 261
HOPKINS, MN 55343
33-l 18-22-22-0003
COUNTY WORKHOUSE
1145 SHENANDOAH LNNPLYMOUTHMN
THIBAULT
990 XENE LN N
PLYMOUTH MN 55447
32-l 18-22-l
MARILOU E
32-118-22-ll-!I126
LORRAINE TERRY
1014 WESTON LN N
PLYMOUTH MN 55447
32-118-22-11-0128
CIMARRON PONDS HOMEOWNERS
PO BOX 261
HOPKINS, MN 55343
32-118-22-11-0167
4175THSTN#320MINNEAPOLIS, MN 55401
32-118-22-11-0120
ALLEN WMONTAGUEJOYNMONTAGUE
1094 WESTON LN N
PLYMOUTH, MN 55447
32-118-22-11-0123
KATHY A LEUPKE
1080 WESTON LN N
PLYMOUTH, MN 55447
JANIE KOCH
2315 INDIAN RD
MINNETONKA, MN 55305
32-118-22-11-0166LEONARDRJENSEN JR
984 XENE LN N
PLYMOUTH MN 55447
32-118-22-11-0168
ELIZABETH A WILLIAMS
994 XENE LN N
PLYMOUTH. MN 55447
33-l 18-22-22-0003
HENNEPIN COUNTY
l-01 27
IAMARRE
1030 WESTON LN N
PLYMOUTH MN 55447
32-l 18-22-l
CARLSON
1084 WESTON LN N
PLYMOUTH MN 55447
32-118-22-11-0125
NANCY D
CARLSON
JAN
32-118-22-li-!I122
DAVID
32-118-22-11-0120
RANDALL J MONTAGUE
7585 VILLA CTNEDENPRAIRIE, MN 55346
Map
@ Daniel L. Faulkner, P.E., Director of Public Works
FROM:Ronald S. Quanbeck, P.E., City Engineer
SUBJECT:AUTHORIZE THE VACATION OF A PERMANENT EASEMENT FOR
STREET AND UTILITY PURPOSES (GLACIER VISTA)
ACTION REQUESTED: Make a motion to adopt the attached resolution authorizing the
vacation of the permanent easement for street and utility purposes recorded under
Document No. 4968927.
BACKGROUND: The City Council has established a public hearing for July 23, 2002
based on a petition submitted by Bob Molstad on behalf of Nedegaard Construction
requesting the vacation of a permanent easement for street and utility purposes which lies
along the east line of Glacier Vista.The easement was granted to the City by
Arnold Palmer when the lots were divided along the east and north sides of Pomerleau
Lake. The original easement was intended for the extension of Fernbrook Lane. Since the
location for the street has been moved to the east, and is called Cheshire Lane, the
easement is no longer necessary for street purposes.
RECOMMENDATIONS AND CONCLUSIONS: Unless new information is submitted
at the public hearing, I recommend that the City Council adopt the attached resolution
vacating the permanent easement for street and utility purposes recorded under Document
No. 4968927.
Ronald S. Quanbeck, P.E.
City Engineer
attachments: Resolution
pwight D. Johnson, City Manager through
23,2002
TO:
17,2002 for the City Council Meeting of JulyDATE:July
dot~Pw\Engineering\VVacation\RESOL\AUTHORIZVh
23,2002; and
WHEREAS, all property owners adjacent to the proposed vacation were duly notified by mail; and
WHEREAS, the Council did hold a public hearing on July 23, 2002 to inform any and all interested
parties relevant to the vacation of a permanent easement for street and utility purposes (Glacier Vista);
and
WHEREAS, it was determined by the City Council that said easement was not needed for public
purposes;
N
AUTHORIZING THE VACATION OF
A PERMANENT EASEMENT FOR STREET AND UTILITY PURPOSE S
RECORDED UNDER DOCUMENT NUMBER 4968927 (GLACIER VISTA)
WHEREAS, a petition was received to vacate a permanent easement for street and utility purposes
Glacier Vista); and
WHEREAS, a public hearing with respect to said vacation was scheduled for July 23, 2002 in
accordance with Minnesota Statutes 412.851 and the City Charter Section 12.06; and
WHEREAS, a notice of publication of said hearing was published and posted two weeks prior to the
meeting of July
CITY OF PLYMOUTH
RESOLUTION NO. 2002
dotiPw\Engineering\Vacation\~SOL\AUTHORIZV
with the original thereof on file in my office, and the same is a
correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this
day of
City Clerk
N
23,2002.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth,
Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth
City Council on
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA: That the following permanent easement for street and utility purposes
recorded under Document Number 4968927 (Glacier Vista) be vacated:
DESCRIPTION OF PARCEL:
That part of Government Lot 1, Section 4, Township 118, Range 22, lying south of the
north 600 feet thereof and west of the east 150 feet thereof and that part of the east 150
feet of Government Lot 1 lying south of the north 1480.36 feet thereof except road.
DESCRIPTION OF EASEMENT:
A permanent easement for street and utility purposes over the following described
property: The east 50.00 feet of that part of Government Lot 1, Section 4, Township
118, Range 22, which lies southerly of the north 1480.36 feet thereof.
Adopted by the City Council on July
3,N IO/N
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c\Pw~ngineering\Vacation\MEMOS\A~H0~002\CC_C~~~~~_383_169
Map
N
9,2002 City Council Meeting
Resolution No. 2002-194 Vacating the Right of Way
ud
Ronald S. Quanbeck, P.E.
City Engineer
attachments: Resolution
Deed
Staff Report for July
IA!.VLk &u
45’h
Avenue on April 3, 2002 and found that the Highway 169 right-of-way was no longer needed for
public purposes.
The City Council approved the vacation of the Highway 169 right-of-way on April 23, 2002. At the
July 9, 2002 City Council meeting, a public hearing was set for July 23, 2002 on the disposition of
unneeded right-of-way, Trunk highway No. 3 83 Renumbered 169.
RECOMMENDATIONS AND CONCLUSIONS: Unless new information is presented at the public
hearing, it is recommended that the City Council authorize the Mayor and City Manager to sign the
deed conveying the Trunk Highway No. 383 renumbered 169 right-of-way to Liberty Properties.
23,2002
TO:wight D. Johnson, City Manager through
Daniel L. Faulkner, P.E., Director of Public Works
FROM:Ronald S. Quanbeck, P.E., City Engineer
SUBJECT:AUTHORIZING DISPOSITION OF REAL PROPERTY
TRUNK HIGHWAY 3 83 RENUMBERED 169
ACTION REQUESTED: Make a motion to adopt the attached resolution authorizing conveyance of
the unneeded Trunk Highway No. 383 renumbered 169 right-of-way to Liberty Properties and
authorize the mayor and City Manager to sign the deed transferring the property.
BACKGROUND: The Sand Companies in attempting to record the final plat of Shadow Hills at
Hennepin County were told that even though the City Council had approved the vacation of the 169
right-of-way the City of Plymouth would have to quit claim the City interest in the Trunk Highway
169 right-of-way to Liberty Properties, owner of the abutting property north of Shadow Hills. Liberty
Properties, through an agreement with the Sand Companies, will then deed the right-of-way to the
Sand Companies so the plat of Shadow Hills can be recorded at Hennepin County.
The Planning Commission reviewed the vacation of the Highway 169 right-of-way north of
17,2002 for the City Council Meeting of JulyDATE:July
N:\pw\Engineering\VACATION\RESOL\AUTHORI
TRUNKHIGHWAY383RENUMBERED169
WHEREAS, a petition was received for disposition of a portion of property owned by the
City which was formerly used for street right-of-way adjacent to Trunk Highway 383
renumbered 169 north of 45 ” Avenue; and
WHEREAS, the Planning Commission has reviewed the property and found that its
ownership is no longer necessary in accordance with the City ’s Comprehensive Plan; and
WHEREAS, the property for which this right-of-way provided access is being developed
as “Shadow Hills Apartments ” development; and
WHEREAS, Liberty Property Trust has agreed to transfer the property to Sand
Companies for incorporation into the “Shadow Hills Apartments” develop ment; and
WHEREAS, in accordance with State Statute and City Charter a public hearing was
scheduled and held by the City Council on April 23, 2002; and
WHEREAS, all adjacent property owners were notified of the proposed disposition of this
property.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA: That the following parcel of land is authorized
for conveyance to Liberty Property Trust.
Parcel 1
All that part of the following described tract:
The South Half of the South Half of the Southeast Quarter of Section 12,
Township 118, Range 22, Hennepin County, Minnesota, the title thereto
being registered as evidenced by Certificate of Title No. 1064102;
Which lies Southerly of the North 125.00 feet thereof;
AND
AUTH~RI~INGDISP~SITIONOFREALPROPERTY
RESOLUTIONNO.2002-
CITY OF PLYMOUTH
3,825.22 feet and a delta angle of 03 degrees 48 minutes 50 seconds for
254.64 feet; thence on an azimuth of 359 degrees 21 minutes 02 seconds
North 00 degrees 59 minutes 11 seconds East) for 250.00 feet and there
terminating.
1, Drakeland Business and Technical Center, Hennepin
County, Minnesota.
Parcel 2
Also that part of the North 125.00 feet of the South Half of the South Half
of the Southeast Quarter of said Section 12, which lies Easterly of a line run
parallel with and distant 100.00 feet Westerly of the above described line
and its Northerly extension; Which lies Northerly and Westerly of Line 1
described below:
Line 1:
Commencing at the Southeast corner of said Section 12; thence run
Westerly on an azimuth of 269 degrees 56 minutes 08 seconds (North 88
degrees 25 minutes 43 seconds West) along the South line thereof for
23 1.19 feet; thence on an azimuth of 03 degrees 09 minutes 52 seconds
North 04 degrees 48 minutes 01 seconds East) for 30.05 feet to the point
of beginning of Line 1 to be described; thence on an azimuth of 89
degrees 56 minutes 08 seconds (South 88 degrees 25 minutes 43 seconds
East) for 35.56 feet; thence on an azimuth of 03 degrees 09 minutes 52
seconds (North 04 degrees 48 minutes 04 seconds East) for 152.62 feet;
thence deflect to the left on a tangential curve having a radius of
3,819.72 feet and a delta angle of 03 degrees 48 minutes 50
seconds for 254.26 feet; thence on tangent to said curve for 246.33 feet
and there terminating.
Excepting from the above-described tract any part thereof contained within
Lot 1, Block
Which lies Easterly of a line run parallel with and distant 30.00 feet
Westerly of the following described line and which lies Northerly and
Westerly of Line 1 described below:
Commencing at the Southeast corner of said Section 12; thence run
North along the East line thereof for 610.18 feet; thence West at an angle
of 90 degrees for 180.50 feet to the point of beginning of the line to be
described; thence South, parallel with the East line of said Section 12 for
171.48 feet; thence deflect to the right on a tangential curve having a
radius of
1, Drakeland Business and Technical Center, Hennepin
County, Minnesota.
FURTHER, that the Mayor and City Manager are authorized to execute the
necessary deeds to convey the property.
Adopted by the City Council on July 23, 2002.
Excepting from the above-described tract any part thereof contained within
Lot 1, Block
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of
Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a
meeting of the Plymouth City Council on with the original
thereof on file in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this
day of
City Clerk
pw\Engineering\VACATIOMMEMOS\AUTHO~~OO2\Q~itClaim_Dis~sition_3~3.doc
3,819.72 feet and a delta angle of 03 degrees 48 minutes 50 seconds
for 254.26 feet; thence on tangent to said curve for 246.33 feet and there terminating.
Excepting from the above-described tract any part thereof contained within Lot 1, Block 1,
Drakeland Business and Technical Center, Hennepin County, Minnesota.
N
bY
Deputy
Reserved for recording data)
STATE DEED TAX DUE HEREON: $
Date:
FOR VALUABLE CONSIDERATION, The City of Plymouth, a Minnesota Municipal Corporation, a
corporation under the laws of Minnesota, Grantor, hereby conveys and quit claims to Liberty Property
Limited Partnership, a Pennsylvania Limited Partnership, Grantee(s), real property in Hennepin County,
Minnesota, described as follows:
Parcel 1
All that part of the following described tract:
The South Half of the South Half of the Southeast Quarter of Section 12, Township
118, Range 22, Hennepin County, Minnesota, the title thereto being registered as
evidenced by Certificate of Title No. 1064102;
Which lies Southerly of the North 125.00 feet thereof;
AND
Which lies Easterly of a line run parallel with and distant 30.00 feet Westerly of the
following described line and which lies Northerly and Westerly of Line 1 described below:
Commencing at the Southeast comer of said Section 12; thence run North along the East
line thereof for 610.18 feet; thence West at an angle of 90 degrees for 180.50 feet to the
point of beginning of the line to be described; thence South, parallel with the East line
of said Section 12 for 171.48 feet; thence deflect to the right on a tangential curve
having a radius of
20_-
County Auditor
QUIT CLAIM DEED
Corporation or Partnership to
Corporation or Partnership
No delinquent taxes and transfer entered; Certificate of
Real Estate Value ( ) filed ( ) not required Certificate of
Real Estate Value No .
dot~\pw~Engineering\VACATIOMMEMOS\AUTHO~OO2\QuitClaim_Dis~sition_383
1,
Drakeland Business and Technical Center, Hennepin County, Minnesota.
Together with all hereditaments and appurtenances belonging thereto.
Total consideration for this conveyance is less than $500.
Grantor certifies that Grantor is unaware of any wells on the above described property.
3,825.22 feet and a delta angle of 03 degrees 48 minutes 50 seconds
for 254.64 feet; thence on an azimuth of 359 degrees 21 minutes 02 seconds (North 00
degrees 59 minutes 11 seconds East) for 250.00 feet and there terminating.
Excepting from the above-described tract any part thereof contained within Lot 1, Block
Parcel 2
Also that part of the North 125.00 feet of the South Half of the South Half of the Southeast
Quarter of said Section 12, which lies Easterly of a line run parallel with and distant
100.00 feet Westerly of the above described line and its Northerly extension; Which lies
Northerly and Westerly of Line 1 described below:
Line 1:
Commencing at the Southeast comer of said Section 12; thence run Westerly on an
azimuth of 269 degrees 56 minutes 08 seconds (North 88 degrees 25 minutes 43
seconds West) along the South line thereof for 23 1.19 feet; thence on an azimuth of 03
degrees 09 minutes 52 seconds (North 04 degrees 48 minutes 01 seconds East) for 30.05
feet to the point of beginning of Line 1 to be described; thence on an azimuth of 89
degrees 56 minutes 08 seconds (South 88 degrees 25 minutes 43 seconds East) for 35.56
feet; thence on an azimuth of 03 degrees 09 minutes 52 seconds (North 04 degrees 48
minutes 04 seconds East) for 152.62 feet; thence deflect to the left on a tangential curve
having a radius of
dot\pw~ngineering\VACATIONUIEMOS\AUTHO~~OO2\QuitClaim_Disposition_3S3
ADDRESS)
Daniel L. Faulkner
Director of Public Works
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
Tax statements for the real property described in this
instrument should be sent to (Include name and
address of Grantee).
N
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
THIS INSTRUMENT WAS DRAFTED BY (NAME
20-__,3
on behalf of the Corporation
Plvmouth , a Municipal Corporation
under the laws of Minnesota
Joycelvn H. Tiemey and Dwight D. Johnson
the Mayor and City Manager
of The City of
bY
ss.
COUNTY OF HENNEPIN )
The foregoing was acknowledged before me this day of
QUIT CLAIM DEED
Corporation or Partnership to
Corporation or Partnership
Page Two
Affix Deed Tax Stamp Here
THE CITY OF PLYMOUTH
Joycelyn H. Tiemey, Its: Mayor
BY
Dwight D. Johnson, Its: City Manager
STATE OF MINNESOTA
3,2002.
this land would not
be inconsistent with the City ’s Comprehensive Plan.The Planning
Commission approved this on April
that the disposal of1.The Planning Commission determines
from Liberty Properties to Shadow Hills.
This Trunk Highway 169 right-of-way has been deeded to the City by the State and the City has
fee ownership; the deed stated that the land was for highway purposes.Since this is real property
owned by the City, and the City can convey the land, three actions must be taken:
the
Sand Companies (Shadow Hills Apartments) and the parcel to the north recently developed as
Nathan Lane Technology Center.Because of wetlands the Nathan Lane Technology Center will
not be able to use the frontage road for access, but has access to Nathan Lane.A copy of a letter
from Liberty Properties relinquishing their right to access from Highway 169 frontage road is
attached along with a Quit Claim Deed
with Sand Companies, Inc.,
will then deed the right-of-way to The Sand Companies before the County will accept the plat for
recording.
The frontage road was originally constructed to provide access to the property now owned by
final plat of Shadow
Hills at Hennepin County, they were told even though the City Council had approved the
vacation of the 169 right of way, the City of Plymouth will have to Quit Claim the City interest
in the Trunk Highway 169 right-of-way to Liberty Properties, owner of the abutting property to
the north of Shadow Hills. Liberty Properties, through an agreement
the
wigbt D. Johnson, City Manager through
L. Faulkner, P.E., Director of Public Works
FROM:Ronald S. Quanbeck, P.E., City Engineer
SUBJECT: DISPOSITION OF UNNEEDED RIGHT OF WAY
TRUNK HIGHWAY NO. 383 RENUMBERED 169
ACTION REQUESTED: Make a motion to adopt the attached resolution setting the public
hearing on the disposition of unneeded City right-of-way, Trunk Highway No. 383 renumbered
169 located north of 45 ” Avenue west of Trunk Highway 169.
BACKGROUND: When The Sand Companies attempted to record
9,2002
TO:
28,2002 for the City Council Meeting of JulyDATE:June
from Liberty Properties to the Sand Companies
from The Sand Companies
Quit Claim Deed
23,2002.
Ronald S. Quanbeck, P.E.
City Engineer
attachments: Resolution
Resolution Authorizing the Vacation of the Right-of-Way
Staff Report for Planning Commission
Letter
23,2002.
RECOMMENDATIONS AND CONCLUSIONS: Before the transfer of the land can be
completed, the City Council must hold the required public hearing for the disposal of real
property. It is recommended that the City Council adopt the attached resolution setting this
public hearing for July
3,2002 and a resolution vacating the unneeded right-of-way approved on April
DISPOSITION OF UNNEEDED RIGHT OF WAY
TRUNK HIGHWAY NO. 383 RENUMBERED 169
Page Two
2.
3.
A public hearing must be held on vacating the use for highway purposes.The
hearing was held and vacation approved by the City Council on April 23
2002.
The City Charter provides that the City Council must hold a public hearing on
disposition of the land.
Attached is a copy of the staff report to the Planning Commission for the meeting held on April
23,2002; and
WHEREAS, all property owners adjacent to the proposed vacation were duly notified by mail; and
WHEREAS, the Council did hold a public hearing on April 23, 2002 to inform any and all interested
parties relevant to the vacation of a portion of Trunk Highway No. 383 Renumbered 169; and
WHEREAS, it was determined by the City Council that said easements were not needed for public
purposes;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA: That the following street right-of-way be vacated:
Tract A.All that part of the following described tract:
The South Half of the South Half of the Southeast Quarter of Section 12,
Township 118 North, Range 22 West, Hennepin County, Minnesota, the title
thereto being registered as evidenced by Certificate of Title No. 1064102;
CITY OF PLYMOUTH
RESOLUTION NO. 2002-194
AUTHORIZING THE VACATION OF STREET RIGHT-OF-WAY
TRUNK HIGHWAY NO. 383 RENUMBERED 169
WHEREAS, a petition was received to vacate a certain portion of Trunk Highway No. 383
Renumbered 169; and
WHEREAS, a public hearing with respect to said vacation was scheduled for April 23, 2002 in
accordance with Minnesota Statutes 412.851 and the City Charter Section 12.06; and
WHEREAS, a notice of publication of said hearing was published and posted two weeks prior to the
meeting of April
23,2002.
Resolution No. 2002-194
Page 2
which lies easterly of a line run parallel with and distant 30 feet westerly of the
following described line:
Commencing at the southeast comer of said Section 12; thence run North along
the east line thereof for 610.18 feet; thence West for 180.5 feet to the point of
beginning of the line to be described; thence South, parallel with the east line of
said Section 12, for 171.48 feet; thence deflect to the right on a tangential curve
having a radius of 3819.72 feet and a delta angle of 03 degrees 48 minutes 50
seconds for 254.26 feet; thence on tangent to said curve for 246.33 feet and there
terminating;
also that part of the north 125 feet of the first above described tract which lies easterly
of a line run parallel with and distant 100 feet westerly of the above described line and
its northerly extension;
which lies northerly and westerly of Line 1 described below:
Line 1. Commencing at the southeast comer of said Section 12; thence run westerly on an
azimuth of 269 degrees 5 6 minutes 08 seconds along the south line thereof for 23 1.19 feet;
thence on an azimuth of 03 degrees 09 minutes 52 seconds for 30.05 feet to the point of
beginning of Line 1 to be described; thence on an azimuth of 89 degrees 56 minutes 08 seconds
for 35.56 feet; thence on an azimuth of 03 degrees 09 minutes 52 seconds for 152.62 feet;
thence deflect to the left on a tangential curve having a radius of 3825.22 feet and a delta angle
of 03 degrees 48 minutes 50 seconds for 254.64 feet; thence on an azimuth of 359 degrees 21
minutes 02 seconds for 250.00 feet and there terminating.
FURTHER, that said vacation shall not affect the authority of any person, corporation, or
municipality owning or controlling the electric or telephone poles and lines, gas and sewer
lines, water pipes, mains and hydrants thereon or thereunder, to continue maintaining the same
or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove, or
otherwise attend thereof
Adopted by the City Council on April
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Page 2 of 2
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