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City Council Packet 07-06-1999
CITY OF PLYMOUTH AGENDA REGULAR COUNCIL MEETING JULY 6,1999,7:00 PM 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PLYMOUTH FORUMIndividuals 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 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 6.03 Approve Tobacco License for the Lobby Shop, 13001 County Road 10, and for Ken -EBS Inc., d/b/a Colony Liquor Store, 15705 35" Avenue N. 6.04 Set Special Council Meeting Dates for Budget Study Sessions 6.05 Approve Rental Fees and Priority Use Policy for the Plymouth Creek Center Field House Items require 5 affirmative votes of the City Council for approval. REGULAR COUNCIL MEETING July 6, 1999 Page 2 6.06 Adopt Speed Hump Policy 6.07 Approve Certificate of Exemption, Wetland Conservation Act for Len Busch Roses 99045) 6.08 Approve Interim Use Permit to place 25,000 cubic feet of fill on the Len Busch Roses property to complete the grading and filling required to prepare the site for the construction of future greenhouses located at 4045 Highway 101 North. Len Busch Roses (99045) 6.09 Approve Agreement for Encroachment into City Ponding Easement at 11600 43'a Ave. 6.10 Approve Reduction of Development Contract Financial Guarantees: 6.10.1 Lutz's Cedar View Addition (94042) 6.10.2 Silverthorne 4`h Addition (97133) 6.11 Approve Exemption from Lawful Gambling for Plymouth Firefighter Relief Association to conduct a raffle 7. PUBLIC HEARINGS 7.1 Conduct Hearing to Consider Civil Penalty for Tobacco Law Violation relating to Tobacco License issued to C & K Automotive, 9605 36'h Avenue North 8. GENERAL BUSINESS 8.1 Approve Purchase Agreement for Sophia Gould (Merten) Property at 10'' Avenue and Kingsview Lane 8.2 Consider Request of Plymouth Business Council to Allow Non -Residents to Serve on City Boards and Commissions 9. REPORTS AND RECOMMENDATIONS 9.1 Consider Continuation of the Plymouth Metrolink Later Service Hours 10. ADJOURNMENT Items require 5 affirmative votes of the City Council for approval. DATE: July 1, 1999 TO: Mayor and City Council FROM: Dwight D. Johnson, City Manager SUBJECT: Summary of Agenda Items for July 6, 1999 6.06 Speed hump policy. This is the same policy as reviewed by Council at the last meeting, except with the requested change in the petition requirement from 50% d 75%. 7.1. Tobacco Law Violation. This is a second offense hearing. To date, the licensee has not demonstrated to us any new procedures in place to prevent this from occurring again. The record also shows that the licensee had previously been informed about complaints of sales to minors. 8.1 Purchase of Merten property. This property is the subject of a variance and conditional use application which has stirred interest in the neighborhood. The location is near 10`x' and Kingsview Lane and abutting the Luce Line trail. The lot is not ideally positioned or shaped for a new home to be constructed on it, but there may also be some legal limits to our ability to turn it down, as evidenced in the Don Myron case several years ago. The City can make good use of this property both for future water quality measures and for a trail connection. The proposal is to buy it for the same price that Merten was going to pay the owner, $32,000. We believe the multiple owners will agree, and request that the council authorize entry into a purchase agreement. 8.2 Request for non-resident business owners/operators to serve on City commissions and committees. This is a request from the TwinWest Plymouth Local Business Council and representatives will be there to present it. It does not require the City to appoint non-residents, but only allows it. The request cannot be granted for the HRA due to state law. If the Council wishes to entertain this, I would suggest that the scope of their request be reduced to not include anyone employed in Plymouth (there are about 45,000 people employed in Plymouth), but rather only actual owners or principal operators of such businesses. 9.1 Report one xtended Metrolink hours. The report shows the new extended hours have increased ridership by 9.5%. However, continuing this service beyond August 1St will cause Plymouth to be "partially unfeathered," which puts us in a different taxing category for the Metro Council transit taxes. The result is a $7.42 increase in taxes for the average Plymouth home. However, the increased transit tax will be available to Plymouth and can be used for other future transit services and facilities. In effect our levy limit" for metro council transit taxes will be increased by about $200,000 per year. The ridership results are probably worth the tax consequences both to facilitate a supply of good workers for Plymouth businesses and to allow future transit projects to be considered. DATE: June 28, 1999 TO: Mayor and City Council FROM: Dwight D. Johnson, City Manager SUBJECT: ICMA Conference As required by City policy, I am notifying you that I intend to attend the International City -County Management (ICMA) Annual Conference in Portland, Oregon from September 25 -28th, 1999. No vote is required by the Council to approve this. This conference will have a major focus on growth issues which should prove interesting, since Portland has been widely compared with the Twin Cities in its growth management policies. For those of you new on the Council since last year, I go to one out of state conference per year for training or educational purposes (as provided for in my 1993 employment contract). I have always chosen to go to this conference because it has the same high quality of speakers and presenters as several other national conferences, but is also directed specifically toward city managers. Because the air fare to Portland is not cheap, I would expect that the total cost of attending the conference will be about $1,400. There are sufficient funds in the budget. Thank you. x Z L i o v ODU N 3 C a T U p, c to UI E U O N U N c O U rn I r c Y E j O m N O 0 Q m m U O a) W d z.I 7 L O p N e- Lo w V 0. c> C ca Q O o ems- r V w r N NC) a N a N tlj V N O O N N d tmQ w J 3a 2 c C C c m 3 2of N= c O ci N a i L- N n rn r 2 C Cl) N p 0 p C c a) O0 N p 3 7 cC Q C1 C O N O- O O C. U c O W d 4: N a U C O N O d C N 4) m O O R E V N` Oa C d N fl Co o Y 7 A L M c d E Q 0 Y O MC N N N COi V N d 7 C d J Q O 7 p O C N O N d dUNc0EO` 7 a O Q N r U Q r Z d C N N U O d O C O N V E N Q t C. to 0` N L V 4 NU- rC C O v c c O CM A O O a Co lL O lU N U) L. A C O N O o U O> p O O mC,4 2m C Q 7 L fly D V) c Q c mQmCfACQ o d j Y 0 L O C O y C C V i C O V r 2 C L— C Q 3 c C o C c c Q H L Y 3 O 3 cm cd a c N o d N c QccCOCo co aQCaCLNTcw R O a L O 0 3 O C o c a 0$ p c d 1-i CL U 0- mcn Oa Uu. Uo wa 0C w ax Q) CL I U O m N 7 N O N E O r E a) N OnCL c CU Z n CL O U n N d N N J C O o w U E c O 4. U N 2 D O ca o m Nc N U N O Z O- U) m 0 C O DEcaU)C O c N U O m I J N d I cc a)N c O O ICL O t' U U L N uJ a) u. w N M cA CO 0 ti 00 Proposed Minutes Regular Council Meeting May 18,1999 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the City Center, 3400 Plymouth Blvd., on May 18, 1999. COUNCIL PRESENT: Mayor Tierney; Councilmembers Slavik, Black, Harstad, Johnson, Bildsoe, and Spigner. ABSENT: None. STAFF PRESENT: City Manager Johnson, Public Works Director Moore, Community Development Director Hurlburt, Public Safety Director Gerdes, Finance Director Hahn, Planner Rask, Park and Recreation Director Blank, City Attorney Knutson, and City Clerk Ahrens. 3 Forum Bev Kottas, Plymouth Civic League, described the raffle planned for Music in Plymouth on June 30. 4.1 Ward 3 Councilmember Saundra Spigner Councilmember Spigner submitted a letter of resignation from the Ward 3 City Council seat. Mayor Tierney presented a plaque of appreciation to Saundra Spigner. 4.2 Councilmember Johnson Appointment to Several Boards Councilmember Johnson announced that she has been appointed to a Hennepin County Task Force on Recycling and selected to serve on the Board of Directors of Common Bond. She was also elected Chairperson of the Communities in Collaboration Council. 5 Approve Agenda The following items were requested for addition to the agenda: Capital Improvements Program public process, Making Drinking Water Safe article, declare vacancy in Ward 3 Council seat. Manager Johnson reported that the licensee has requested that Item 7.2.1 be deleted from the agenda. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to approve the agenda with the changes noted. Motion carried, six ayes. 6 Consent Agenda Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to approve the consent agenda with the removal of Item 6.08. Motion carried, six ayes. Proposed City Council Minutes May 18, 1999 Page 2 6.01 Approve Minutes Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to approve the May 4 regular meeting minutes, and the May 11 Board of Review minutes. Motion carried, six ayes. 6.02 Change Order for Plymouth Creek Center Project Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-221 APPROVING CHANGE ORDER NO. 1 WITH SOUTHWEST RECREATION INDUSTRIES. Motion carried, six ayes. 6.03 Award Bid for Printing Plymouth News Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-222 AWARDING LOW BIDDER SEXTON PRINTING OF ST. PAUL A ONE—YEAR CONTRACT FOR PRINTING THE PLYMOUTHNEWS. Motion carried, six ayes. 6.04 Donation from Armstrong—Cooper Youth Baseball Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-223 ACCEPTING DONATION FOR BATTING CAGES. Motion carried, six ayes. 6.05 D. J. Kranz Co. Representing Acrylic Design. Variance at 6050 Nathan Lane (99022) Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-224 APPROVING A VARIANCE FOR D. J. KRANZ FOR PROPERTY LOCATED AT 6050 NATHAN LANE NORTH (99022). Motion carried, six ayes. 6.06 Elim Care, Inc. PUD General Plan Amendment for Cornerstone Commons (99027) Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-225 APPROVING PUD AMENDMENT FOR ELIM CARE TO ALLOW A CHANGE IN THE GRADING PLAN FOR CORNERSTONE COMMONS, LOCATED SOUTH OF HWY. 55, NORTH OF MEDINA ROAD AND EAST OF CO. RD. 101 (99027). Motion carried: six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt ORDINANCE 99-14 AMENDING CHAPTER 21 OF THE CITY CODE TO AMEND SECTION 21655.22 FOR THE CORNERSTONE COMMONS PUD, LOCATED SOUTH OF HWY. 55, NORTH OF MEDINA ROAD AND EAST OF CO. RD. 101(99027). Motion carried, six ayes. Proposed City Council Minutes May 18, 1999 Page 3 Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-226 APPROVING FINDINGS OF FACT FOR AMENDING THE ZONING ORDINANCE TEXT FOR THE CORNERSTONE COMMONS PUD, LOCATED SOUTH OF HWY. 55, NORTH OF MEDINA ROAD AND EAST OF CO. RD. 101 (99027). Motion carried, six ayes. 6.07 Rottlund Homes. Preliminary and Final Plat for Cornerstone Commons (99030) Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-227 APPROVING PRELIMINARY AND FINAL PLAT FOR ROTTLUND HOMES FOR CORNERSTONE COMMONS 2ND ADDITION FOR PROPERTY LOCATED NORTH OF MEDINA ROAD, SOUTH OF HIGHWAY 55 AND EAST OF CO. RD. 101(99030). Motion carried, six ayes. 6.09 Janco Inc. Items for Forster Preserve Plat 3 (98051) (96098) Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-228 AMENDING RESOLUTION 98-234 AND REPEALING RESOLUTION 96-393 RELATING TO FORSTER PRESERVE PLAT 3, LOCATED NORTHEAST OF OLD ROCKFORD ROAD AND BALSAM LANE (98051) (96098). Motion carried, six ayes. 6.10 Wetland Mitigation and Replacement Plan for Begin Oaks Golf Course (98184) Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-229 APPROVING WETLAND MITIGATION AND REPLACEMENT PLAN, BEGIN OAKS GOLF COURSE (98184), SW % OF SEC. 3, T118N, R22W. Motion carried, six ayes. 6.11 The Village at Bassett Creek Streetlight Project Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-230 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING, THE VILLAGE AT BASSETT CREEK. Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-231 RECEIVING REPORT AND ORDERING PROJECT, STREET LIGHTING, THE VILLAGE AT BASSETT CREEK. Motion carried, six ayes. 6.12 Reduction in Required Financial Guarantee Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-232 REDUCING REQUIRED FINANCIAL GUARANTEE, SAVANNAH ADDITION (92112). Motion carried, six ayes. Proposed City Council Minutes May 18, 1999 Page 4 Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-233 REDUCING REQUIRED FINANCIAL GUARANTEE, HEATHER RUN 2ND ADDITION (94016). Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-234 REDUCING REQUIRED FINANCIAL GUARANTEE, HEATHER RUN 3" ADDITION (94058). Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-235 REDUCING REQUIRED FINANCIAL GUARANTEE, HEATHER RUN 4'" ADDITION (95001). Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-236 REDUCING REQUIRED FINANCIAL GUARANTEE, SAVANNAH 2ND ADDITION (95021). Motion carried, six ayes. 6.13.1 Change Order No. 6, Peony Lane Street and Bridge Improvement, Project No. 5002 Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-237 APPROVING CHANGE ORDER NO. 6, PEONY LANE — STREET AND BRIDGE IMPROVEMENTS, CITY PROJECT NO. 5002. Motion carried, six ayes. 6.13.2 Payment 22 and Final, Peony Lane Street and Bridge Improvement, Project 5002 Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-238 REQUEST FOR PAYMENT NO. 22 AND FINAL, PEONY LANE STREET AND BRIDGE IMPROVEMENTS, CITY PROJECT NO. 5002. Motion carried, six ayes. 6.14 Award Contract for 1999 Citizen Survey Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-239 AWARDING CONTRACT FOR CITIZEN SURVEY TO DECISION RESOURCES, LTD. Motion carried, six ayes. Councilmember Black requested that the consultant incorporate the Comprehensive Plan goals into the survey for feedback. Mayor Tierney requested that the Council have the opportunity to review the survey questions. 6.15 First Quarter 1999 Financial Report Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to accept the First Quarter 1999 Financial Report. Motion carried, six ayes. Proposed City Council Minutes May 18, 1999 Page 5 6.16 Revised Mutual Aid Agreement Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-240 ADOPTING THE REVISED SOUTHWEST MUTUAL AID ASSOCIATION AGREEMENT. Motion carried, six ayes. 6.17 Youth Council Request for Funding of Special Event Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-241 APPROVING FUNDING FOR PLYMOUTH YOUTH COUNCIL SPECIAL EVENT. Motion carried, six ayes. 6.18 Blanski Peter Kronlage & Zoch PA. Zoning Ordinance Amendment for West Lutheran High School at 3350 Harbor Lane North (99025) Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt ORDINANCE 99-15 AMENDING THE PLYMOUTH CITY CODE, BY AMENDING CHAPTER 21, O—R (OFFICE/RESIDENTIAL) ZONING DISTRICT (99025). Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-242 APPROVING FINDINGS OF FACT FOR AMENDING SECTION 21450(0—R, OFFICE/RESIDENTIAL) OF THE PLYMOUTH CITY CODE 99025). Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-243 APPROVING A CONDITIONAL USE PERMIT AMENDMENT AMENDING RESOLUTION 96-11 FOR CONDITIONAL USE PERMIT, SITE PLAN AND VARIANCE FOR WEST LUTHERAN HIGH SCHOOL FOR PROPERTY LOCATED AT 3350 HARBOR LANE TO REMOVE A CONDITION LIMITING ENROLLMENT TO 150 STUDENTS (99025). Motion carried, six ayes. Youth Concert Jameson Johnson, Jan Barichak, Laura Marofsky, Matt Schultz, and Paul Lenhardt described the Youth Concert proposed by the Plymouth Youth Council. 7.1 Right—of—Way Vacation in Greentree West Addition Public Works Director Moore presented the staff report on the proposed vacation of part of Brockton Lane street right-of-way in Greentree West Addition south of County Road 24 across from Holy Name Church. Mayor Tierney opened the public hearing at 7:35 p.m. No one appeared and the hearing was closed. Proposed City Council Minutes May 18, 1999 Page 6 Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-244 AUTHORIZING THE VACATION OF PART OF BROCKTON LANE STREET RIGHT-OF-WAY, GREENTREE WEST. Motion carried, four ayes; Johnson absent. 7.2.2 Liquor Law Violation of Italianni's Mayor Tierney opened the public hearing on a proposed civil penalty for the liquor law violation relating to the on -sale intoxicating liquor license issued to TGI Friday's of MN Inc., d/b/a Italianni's, 220 Carlson Parkway. Director Gerdes said that an incident of selling alcohol to an individual under the age of 21 occurred on June 5, 1998 (police case #98-19294). He explained the compliance check that resulted in the illegal sale. The employee who served the alcohol, was charged for making the illegal sale. The defendant appeared on a warrant on April 15, 1999, with a fine of $210. This incident occurred on June 5. The Council previously considered violations which occurred on August 12 and on November 2, for which a 5 -day suspension and $1,000 fine, and a 10 -day suspension (8 -days stayed) and $1,000 fine were imposed. He said that both of the previous fines and suspensions have been served. The City has also been notified that the on-site manager at this location has been replaced. Mayor Tierney expressed concern that the offense occurred on June 5, 1998, with a court appearance of January 7, 1999. Public Safety Director Gerdes said the court hearing was delayed and subsequently held on April 15. The City cannot dictate the court calendar or the appearance of the defendant in court. Councilmember Harstad asked how many compliance checks Italianni's has successfully passed. Public Safety Director Gerdes responded that 114 compliance checks were conducted in 1998, with 24 violations. One establishment had two violations, and Italianni's had three violations. Scott Rusert, 333 South Seventh Street, Minneapolis, and Bruce Wegner, Acting General Manager of Italianni's, 220 Carlson Parkway, appeared before the Council. Mr. Rusert said the employee who committed the violation was terminated by Italianni's. This incident was the first of the three violations. He said that Italianni's is a different place than it was during the time of the past three violations. They have increased emphasis on carding and increased employee awareness of underage serving. He said the company has been working closely with City staff and have implemented a program of rewarding employees for refusing sale to individuals under 21 years of age. He said that all servers have been recertified in their responsible server program and the company has enacted a zero tolerance policy. The carding policy has been amended to require employees check identification of anyone under 40 years of age. Proposed City Council Minutes May 18, 1999 Page 7 Mr. Wegner said daily staff meetings emphasize the issue of requesting identification of anyone under 40 years of age. He described a couple of incidents where service has been refused. Mr. Rusert said Italianni's would like to host a youth educational event about underage drinking which could include parental involvement. Mayor Tierney closed the public hearing. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to impose a 2,000 fine and 30 -day suspension with 25 days stayed for 18 months with no same or similar violations. Councilmember Bildsoe said this would result in a total of 33 days stayed which would be served if there is another violation. Councilmember Harstad said that under the current ordinance, a fourth violation could result in revocation of the liquor license. He noted that when the Council held the first hearing, all three violations had already occurred. Councilmember Bildsoe said the City Council would have heard the cases in order of occurrence if the clerk had appeared in court when scheduled to do so. Motion to amend was made by Councilmember Black, seconded by Councilmember Bildsoe, to require 10 -days of the 30 -day suspension to be served and to stay the remaining 20 days. Councilmember Johnson said she doesn't support the motion. All three of these compliance check violations occurred before the first one was considered by the Council. The licensee was not provided the opportunity to react and to implement new procedures. Public Safety Director Gerdes said the Council has expressed concerns about the timing of these cases. If there is a fourth violation, the City would need to consider that carefully. He said there may be mitigation if a fourth violation occurs within seven years due to the timing of the first three violations. He said the liquor ordinance establishes a 15 -day suspension and $2,000 fine for a third violation. Mayor Tierney said she does not support the motion because it gives the appearance that the City is attempting to close a business. She said that all three of these violations occurred before the Council heard the first case. All violators and the manager have been terminated and the business has implemented positive behaviors to ensure compliance. The original motion was withdrawn. Proposed City Council Minutes May 18, 1999 Page 8 Motion to substitute was made by Councilmember Black, seconded by Councilmember Johnson, to adopt RESOLUTION 99-245 IMPOSING A CIVIL PENALTY AGAINST TGI FRIDAY'S OF MINNESOTA INC. d/b/a ITALIANNI'S FOR LIQUOR COMPLIANCE CHECK VIOLATION, imposing a $2,000 fine and 15 -day suspension with 5 days stayed. Motion carried: five ayes; Tierney nay. Main motion carried, six ayes. The Council directed preparation of findings of fact for consideration at the next meeting and directed Public Safety Director Gerdes to work with Italianni's on their proposed programs. 8.1 Fernbrook Lane Alignment Study, Project 9006 Public Works Director Moore presented the staff report on the Fernbrook Lane Alignment study north of Schmidt Lake Road. Traffic volumes on this roadway are estimated to be from 8,000 to 13,000 vehicles per day. He said the intent of this roadway is to serve local traffic and not as an alternate route for Northwest Blvd. or I-494. The recommended alignment, Alternative E, has the lowest estimated cost. Councilmember Bildsoe supported Alignment E. He verified that staff will be discussing the alignment with the affected property owners. In response to questions, Director Moore explained that the southern portion of Alternatives B and C would be eliminated from consideration if Alternative E is selected. He said that better traffic volume estimates will be developed as part of the Transportation Plan update in the Comprehensive Plan. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to give the following direction for additional work on the Fernbrook Lane Alignment Study north of Schmidt Lake Road: Eliminate Alignment A and the southerly portion of Alignment B from further consideration; That the connection to Schmidt Lake Road be at Cheshire Lane Alignment E); In order that the street will serve its function for local access and discourage through traffic, the road should be designated as a parkway; Direct staff and consultant to prepare an Environmental Assessment Worksheet (EAW) to document impacts of the proposed roadway and receive environmental approvals. Councilmember Black said the preferred alignment will preserve wetlands. In response to a question by Mayor Tierney, Public Works Director Moore explained that there is no intention or ability to extend Fernbrook Lane into Maple Grove. Councilmember Harstad offered a friendly amendment to eliminate from consideration the southerly portion of Alignments C and D. This amendment was accepted and incorporated into the main motion. Motion carried, six ayes. Proposed City Council Minutes May 18, 1999 Page 9 8.2 Environmental Assessment Worksheet for Plymouth Ponds (99010) Community Development Director Hurlburt presented the staff report on the consideration of an Environmental Assessment Worksheet (EAW) for Plymouth Ponds Business Park. The project consists of four buildings totaling 384,000 square feet of office/warehouse/light manufacturing uses on a 27.7 acre site. She described the purpose of an EAW, and the EAW review process. If the City Council determines that the EAW identifies significant impacts that cannot be mitigated or minimized, the Council would order an Environmental Impact Statement (EIS). An EIS would not necessarily disclose more information, but would examine additional alternatives and mitigation measures. Staff recommends a finding of no need for an EIS and that a record of decision be adopted by reference as part of the resolution. She said the EAW identifies measures to protect the environment that can later be imposed as conditions of approval on the project. Councilmember Harstad asked if the EAW was sent to the adjacent homeowner associations. Director Hurlburt responded yes, but no one from the associations was present at the Planning Commission meeting. Councilmember Black asked how the potential noise problem could be abated. She also expressed concern about the loading docks facing south on the site. Director Hurlburt responded that the noise concerns identified in the letter from the PCA indicates that noise standards are violated along many of the City's major roads. Whether or not this development would occur on this site, the noise problem will occur. It is a more global issue and no immediate solutions have been identified. This development must comply with the City's noise ordinance and that will be evaluated as part of the detailed project review. The EAW did not identify any perceptible increase in noise attributable to the project. Councilmember Slavik commented that although there have been no noise violations at the site, residents complain about noise related to the site. She said it is an inconvenience for the abutting residents to police the situation. Director Hurlburt said there are very few documented calls relating to noise at the site. Councilmember Slavik said residents have called numerous times with noise complaints. The residents also take issue with the definition of a truck for purposes of the traffic study. As an example, she noted that a UPS truck would be counted as a car. Jenny Ross, SRF Consulting Group, said that for purposes of the traffic study, trucks would be vehicles larger than a UPS truck. The vehicle counts were based on a typical development. Proposed City Council Minutes May 18, 1999 Page 10 Director Hurlburt stated that the Planning Commission minutes contain statements from Brad Moen regarding the number of trucks at the existing facility. That information was not used in the traffic study. Michael Leuer was present to answer questions. Motion was made by Councilmember Black, seconded by Councilmember Harstad, to adopt RESOLUTION 99-246 DECLARING FINDING OF "NO NEED" FOR AN ENVIRONMENTAL IMPACT STATEMENT (EIS) BASED UPON THE REVIEW OF THE ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) DATED MARCH 1999 FOR THE PROJECT PROPOSED BY MOEN LEUER CONSTRUCTION FOR PLYMOUTH PONDS, BUILDINGS 5 THROUGH 8 (99010). Councilmember Black said there are issues to be addressed with the proposed development, but it can be done outside of an EIS process. Councilmember Bildsoe agreed that an EIS will not solve the issues relating to the proposed development. He said these will need to be considered when the project comes before the Council. Councilmember Slavik said this is a very poor project because she believes it is inappropriate to put loading docks adjacent to residents' homes, but there is no need for an EIS to address it. Motion carried, six ayes. 8.3 Moen Leuer Construction. Interim Use Permit at 17430 Medina Road (99035) Community Development Director Hurlburt presented the staff report on the application of Moen Leuer Construction for an interim use permit to move approximately 70,000 cubic yards of material from the 10 -acre Leuer Farm to the adjacent Cornerstone Commons residential development. The Planning Commission recommended approval of the request, as the applicant has met the conditions for excavating and grading as an interim use. She explained the conditions proposed for inclusion in the resolution. In response to a question from Councilmember Black, Director Hurlburt said there are no wetlands on the Leuer farm portion of the site. Councilmember Bildsoe asked about material spills on the farm soil. Director Hurlburt said there have been spills of fuel and other materials in the agricultural use. They are required to clean that up according to PCA regulations. She said the farm buildings will not be graded as part of the interim use permit. Proposed City Council Minutes May 18, 1999 Page 11 Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 99-247 APPROVING INTERIM USE PERMIT FOR MOEN LEUER CONSTRUCTION FOR PROPERTY LOCATED AT 17430 MEDINA ROAD (99035). Motion to amend was made by Councilmember Bildsoe, seconded by Councilmember Black, to amend the hours of operation to eliminate grading on Saturdays and to begin on weekdays no earlier than 8 a.m. Mayor Tierney said that this project is no closer to the adjacent residences than many other projects in the City. Director Hurlburt said that approving the interim use permit does not in any way commit the Council to any future approving action on the project. She said the City has encouraged the 10 - acre Leuer farm to be connected to the Elim property for good circulation. Combining the two sites means they can be graded together, regardless of what is ultimately developed on the Moen Leuer site. She said that the ordinance requirements would still apply to the hours of grading operation on the Elim site. For example, grading could be done on Saturday on the Elim site, but not on the adjacent Moen Leuer site. Michael Leuer represented Moen Leuer. He said the grading is not important for the Moen Leuer site, but it is important for the Elim and Rottlund developments. He said that it would eliminate the need for 7,000 to 10,000 trucks on the roadway, which would occur if the material needs to be hauled to and from an off-site location. Bob Dahl represented Elim Care. He said that Elim and Rottlund are in need of 7,000 yards of dirt. He described the consumer response to the proposed units. Their goal has been to match the approval times of both projects, unfortunately this has not occurred. If the interim use permit is not granted, he said Elim will need to bring in 7,000 dump truck loads of dirt to the site, and at some point, the dirt will need to be removed and trucked out from the industrial portion of the site. Richard Palmiter, Rottlund Homes, spoke in favor of the interim use permit. He said that they would accept the grading hours restriction if required, but it may extend the number of days of grading operations. Substitute amendment was made by Mayor Tierney, seconded by Councilmember Harstad, to amend the hours of grading to 7 a.m. to 7 p.m., Monday through Saturday. Mayor Tierney said that uniformity in hours is a good thing, and this approval will avoid additional trucks in the neighborhood. Councilmember Bildsoe asked the developers if they could restrict the hours on both sites. Proposed City Council Minutes May 18, 1999 Page 12 Mr. Palmiter said they already have signed contracts for grading. These cannot be changed without significant cost. Michael Leuer said that they would restrict the hours if required, but they do not believe the impact on the adjacent residents is significant. He estimated the grading would take about a week with good weather. Councilmember Black said that a restriction on grading hours will lengthen the number of days that grading will occur. She said that if the Council believes that grading from 7 a.m. to 7 p.m. on Saturday is a concern, then it should be a problem for the entire City and the ordinance should be amended. Motion to amend failed: Black, Harstad and Tierney ayes; Johnson, Bildsoe and Slavik nays. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to amend the hours of grading to 7 a.m. to 7 p.m. Monday through Friday, and 9 a.m. to 7 p.m. on Saturdays. Motion to amend failed: Black, Bildsoe, Tierney ayes; Harstad, Johnson and Slavik nays. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to amend the hours of grading to 8 a.m. to 7 p.m. Monday through Friday, and 9 a.m. to 5 p.m. on Saturdays. Mayor Tierney said that street reconstruction can occur within 50 feet of a home and this work will occur 300 to 500 feet from the nearest residential homes. Councilmember Slavik responded that there is a difference in having a street improved and having an adjacent commercial building constructed. Councilmember Johnson withdrew her motion to amend. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to call the question. Motion carried, six ayes. Motion to amend failed: Bildsoe and Slavik ayes; Johnson, Harstad, Black, and Tierney nays. Vote on main motion carried: Black, Harstad, Bildsoe, and Tierney ayes; Johnson and Slavik nays. Motion was made by Mayor Tierney, seconded by Councilmember Black, to suspend the rules and extend the adjournment time to 10:30 p.m. Motion carried, six ayes. Proposed City Council Minutes May 18, 1999 Page 13 8.4 Darrel Nastrom. Variance for Garage at 18105 Co. Rd. 24. (99005) Community Development Director Hurlburt presented the staff report on the request of Darrell Nastrom for a variance to have a one -foot setback for a driveway where three feet is required, and a variance to have a 5.5 foot setback for a garage where six feet is required for property at 18105 County Road 24. She said there is a shared driveway with the abutting property. The Planning Commission recommended approval of the variance for the garage setback and denial of the variance for the driveway setback. She said there is currently a "stop work order" on the garage work until the variance issue is decided. Director Hurlburt said there is disagreement between the property owners regarding the lot line, as well as what the private agreement allows. Darrell Nastrom, 18105 County Road 24, said that when he purchased the home it had a shared driveway agreement with a blacktop driveway that goes to the back of the homes, with gravel beyond. He used the property irons to plan improvement of the driveway from gravel to concrete, but the neighbor's survey was different. He poured concrete prior to seeing the new survey. Mr. Nastrom said he can saw off the driveway at the lot line and would still have eight feet to drive on. If three feet of concrete is removed, the driveway would not be wide enough. Richard Tonn, 18020 County Road 24, addressed the driveway agreement. He expressed concern that he will have problems when he sells his property if the variances are allowed and if there is an encroachment on his property. Planner John Rask said that the new concrete driveway crosses over the lot line. A portion is clearly on Mr. Tonn's property. He said the applicant is proposing to remove the concrete back to a 1 foot setback, rather than the 3 foot required setback. He said the height and size of the proposed garage addition complies with the ordinance limitations. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-248 APPROVING A VARIANCE TO ALLOW A GARAGE AT 5.5 FEET FROM THE EAST PROPERTY LINE AND DENYING THE VARIANCE TO ALLOW A ONE -FOOT DRIVEWAY SETBACK FOR DARREL NASTROM FOR PROPERTY LOCATED AT 18105 CO. RD. 24 (99005). Councilmember Slavik said she does not want to create a hardship for the Tonn's. She noted that Mr. Nastrom is a contractor and should have thoroughly researched and planned his improvements. Councilmember Black questioned why allowing the driveway within 1 foot of the property line would be a hardship for the adjacent owner. Councilmember Harstad said this error occurred in good faith. He does not believe the variance will affect the resale of the adjacent property. Proposed City Council Minutes May 18, 1999 Page 14 Motion to amend was made by Councilmember Harstad, seconded by Mayor Tierney, to approve the 1 foot driveway setback variance. Motion was made by Mayor Tierney, seconded by Councilmember Black, to suspend the rules and extend the adjournment time to 10:45 p.m. Motion carried, six ayes. Motion to amend carried: Black, Harstad, Bildsoe, and Tierney ayes; Johnson and Slavik nays. Main motion carried: Black, Harstad, Bildsoe, and Tierney ayes; Johnson and Slavik nays. 8.5 Ward 3 Council Vacancy Motion was made by Councilmember Black, seconded by Mayor Tierney, to adopt RESOLUTION 99-249 DECLARING VACANCY TO EXIST IN WARD 3 CITY COUNCIL SEAT. Motion carried, six ayes. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to establish a special meeting beginning at 5:30 p.m. on June 8 to interview applicants for the Ward 3 City Council seat and to close applications on June 5. Motion carried, six ayes. 8.6 (6.08) Griffiths Corporation Site Plan Amendment (99020) Councilmember Black said she is not convinced that all alternatives to reduce the amount of impervious coverage have been considered. Community Development Director Hurlburt said this site plan amendment relates to building coverage, not impervious surface. However, more building coverage would result in greater impervious surface coverage. Allyn Dickie represented Griffith Corporation, a metal stamping manufacturer. Mr. Dickie said that in the past, shipping has occurred as lots are manufactured. Customers now want items shipped in smaller containers, and the company currently has a problem with outdoor storage. He said the business needs to expand in order to accommodate indoor storage. Motion was made by Councilmember Bildsoe; seconded by Councilmember Slavik; RESOLUTION 99-250 APPROVING SITE PLAN AMENDMENT AND VARIANCE FOR A BUILDING ADDITION AND PARKING LOT EXPANSION AT THE WRICO BUILDING LOCATED AT 2727 NIAGARA LANE NORTH (99020). Motion carried: five ayes; Black nay. 9.1 Legislative Update City Manager Johnson presented a brief legislative update. Motion was made by Councilmember Harstad, seconded by Councilmember Johnson, to suspend the rules and extend the adjournment to 11:00 p.m. Motion carried, five ayes; Black nay. Proposed City Council Minutes May 18, 1999 Page 15 9.2 D.A.R.E Graduations The City Council discussed schedules for the D.A.R.E. graduations in various schools. 9.3 Capital Improvement Program Councilmember Black said that the City's Capital Improvement Program does not discuss the City's public process or involvement for public improvements. She would like to discuss this at a future study session. 9.4 Drinking Water Brochure Public Works Director Moore said that much of the proposed Drinking Water Brochure is dictated by state and federal requirements. The brochure was written by a consultant who deals with water testing. Councilmembers Harstad and Black offered to meet with staff to review and revise the proposed brochure. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adjourn the meeting at 11:00 p.m. Motion carried, six ayes. Proposed Minutes Regular Council Meeting June 1,1999 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the City Center, 3400 Plymouth Blvd., on June 1, 1999. COUNCIL PRESENT: Mayor Tierney; Councilmembers Black, Harstad, Johnson, Bildsoe, and Slavik. ABSENT: None. STAFF PRESENT: City Manager Johnson, Public Works Director Moore, Community Development Director Hurlburt, Public Safety Director Gerdes, Finance Director Hahn, Planner Rask, Park and Recreation Director Blank, City Attorney Knutson, and Assistant Manager Ahrens. 3 Forum Barbara Sorensen, 4915 Merrimac Lane, expressed concerns about the intersection of Schmidt Lake Road and Peony Lane. She said the 35 mph posted speed limit is exceeded and access is difficult for residents of the Conor Meadows development. Mayor Tierney referred the issue to Public Works Director Moore for response. Councilmember Bildsoe requested that Public Safety consider this location for traffic enforcement. 4.1 Music in Plymouth Barbara Willis, Kris St. Martin, and Bev Kottas represented the Plymouth Civic League. They presented information on Music In Plymouth which will be held on June 30. Mele Willis described the Family 5K Fun Run/Walk. 4.2 Presentation on Horse Patrol Police Lieutenant Tom Saba presented information on the new Volunteer Horse Patrol program. He introduced Officer Karen Forslund and volunteer members of the horse patrol. 5 Approve Agenda Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to approve the agenda as amended. Motion carried, six ayes. 6 Consent Agenda Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to approve the consent agenda as amended. Proposed City Council Minutes June 1, 1999 Page 2 Councilmembers Bildsoe and Johnson recorded no votes on Item 6.17. Motion carried, six ayes. 6.01 Approve Minutes Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to approve the May 11 special meeting minutes. Motion carried, six ayes. 6.02 Approve Disbursements Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt RESOLUTION 99-251 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING MAY 21, 1999. Motion carried, six ayes. 6.03 Amendment to Ordinance Pertaining to Tobacco violations Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt ORDINANCE 99-16 AMENDING CHAPTER XI OF THE PLYMOUTH CITY CODE REGARDING PRESUMPTIVE PENALTIES FOR VIOLATIONS RESULTING FROM THE SALE OF TOBACCO AND RELATED PRODUCTS. Motion carried, six ayes. 6.04 Jem Properties. Rezoning and Preliminary Pat for "Gem Court" Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt ORDINANCE 99-17 AMENDING CHAPTER 21 (ZONING ORDINANCE) OF THE CITY CODE TO CLASSIFY CERTAIN LAND LOCATED AT 710 AND 730 COUNTY ROAD 101 (99017). Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt RESOLUTION 99-252 APPROVING FINDINGS OF FACT FOR REZONING OF PROPERTY LOCATED AT 710 AND 730 COUNTY ROAD 101(99017). Motion carried, seven ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt RESOLUTION 99-253 APPROVING A PRELIMINARY PLAT FOR JEM PROPERTIES FOR GEM COURT LOCATED AT 710 AND 730 COUNTY ROAD 101 99017). Motion carried, seven ayes. 6.05 Visual Communications, Inc. Sign Variance for Plymouth Business Center (99029) Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt RESOLUTION 99-254 APPROVING SIGN VARIANCES TO ALLOW ADDITIONAL FREESTANDING SIGNS IN THE PLYMOUTH BUSINESS CENTER FOR VISUAL COMMUNICATION FOR PROPERTIES LOCATED AT THE NORTHEAST AND SOUTHEAST CORNERS OF FERNBROOK LANE AND 34TH AVENUE (99029). Motion carried, six ayes. Proposed City Council Minutes June 1, 1999 Page 3 6.06 David and Teresa Ainsworth. Lot Width and Side Yard Setback Variances (99040) Motion was made by Councilmember.Bildsoe, seconded by Councilmember Harstad, to adopt RESOLUTION 99-255 APPROVING A LOT WIDTH VARIANCE AND SIDE YARD SETBACK VARIANCE TO ALLOW THE CONSTRUCTION OF NEW HOME 11 FEET FROM THE NORTH PROPERTY LINE AND 12 FEET FROM THE SOUTH PROPERTY LINE FOR DAVID AND TERESA AINSWORTH FOR PROPERTY LOCATED AT 950 GARLAND LANE (99040). Motion carried: six ayes. 6.07 Tri-State Drilling, Inc. Conditional Use Permit for Fence (99037) Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt RESOLUTION 99-256 APPROVING A CONDITIONAL USE PERMIT FOR TRI- STATE DRILLING, INC. LOCATED AT 16940 STATE HIGHWAY 55 (99037). Motion carried, six ayes. 6.08 Charter Commission Study Issue of Mayor Four—Year Term Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to request that the Plymouth Charter Commission study a possible charter amendment to establish a four— year term of office for the Mayor position. Motion carried, six ayes. 6.09 Cleaning Services for City Buildings Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt RESOLUTION 99-257 REJECTING BIDS FOR CLEANING SERVICES FOR CITY BUILDINGS AND APPROVING A 3% INCREASE FOR HAUGEN BUILDING MAINTENANCE INC. ON A MONTH TO MONTH BASIS. Motion carried, six ayes. 6.10 Findings of Fact for Administrative Civil Penalties Resulting from Alcohol Compliance Check Violations Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt the findings of fact for TGI Friday's of Minnesota, Inc., d/b/a Italianni's Restaurant (Attachment A). Motion carried, six ayes. 6.11 Auto Theft Prevention Grant Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt RESOLUTION 99-258 AUTHORIZING THE CITY MANAGER, FINANCE DIRECTOR, AND PUBLIC SAFETY DIRECTOR TO ENTER INTO A GRANT AGREEMENT THROUGH THE MINNESOTA AUTO THEFT PREVENTION BOARD. Motion carried, six ayes. 6.12 Kennel License Approval Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt RESOLUTION 99-259 APPROVING KENNEL LICENSE FOR 1999. Motion carried, six ayes. Proposed City Council Minutes June 1, 1999 Page 4 6.13 Authorization to Purchase Vests and Seek Federal Grant Reimbursement Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to authorize the purchase of ten (10) new ballistic level IIIA vests for use by the police emergency response unit (ERU) entry team; and authorize the City Manager and Public Safety Director to make application for reimbursement of up to 50% of the costs through Federal Block Grant monies. Motion carried, six ayes. 6.14 Reduction in Required Financial Guarantee Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-260 REDUCING REQUIRED FINANCIAL GUARANTEE, SEVEN PONDS 6" ADDITION (93031). Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-261 REDUCING REQUIRED FINANCIAL GUARANTEE, PLUM TREE ADDITION (94162). Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-262 REDUCING REQUIRED FINANCIAL GUARANTEE, PLUM TREE 2ND ADDITION (96103). Motion carried, six ayes. 6.15 Termination of Restrictive Covenant, Prime West Business Park, Now Known as the Village at Bassett Creek Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt RESOLUTION 99-263 TERMINATION OF RESTRICTIVE COVENANTS, OUTLOTS B, C, AND D, PRIME WEST BUSINESS PARK NOW PLATTED AS THE VILLAGE AT BASSETT CREEK, CIC NO. 895. Motion carried, six ayes. 6.16 Approve Agreement with Union Pacific Railroad Company for Grad Crossing Improvement on Nathan Lane South of 13" Avenue Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt RESOLUTION 99-264 AUTHORIZING EXECUTION OF A CONSTRUCTION AND MAINTENANCE AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY FOR THE IMPROVEMENT OF THE NATHAN LANE GRADE CROSSING. Motion carried, six ayes. 6.17 Award Contract, 1999 Seal Coat Program Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt RESOLUTION 99-265 AWARDING BID, 1999 SEAL COAT PROGRAM. Motion carried: Slavik, Harstad, Black, and Tierney ayes; Johnson and Bildsoe nays. Proposed City Council Minutes June 1, 1999 Page 5 6.18 Recommendation from Human Rights Commission on Parking Enforcement Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to refer the issue of whether to establish an ordinance prohibiting parking at curbcuts to the Public Safety Advisory Board for study and recommendation. Motion carried, six ayes. 6.19 Revised 1999 Ice Center Operating Budget Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt RESOLUTION 99-266 APPROVING REVISED 1999 ICE CENTER OPERATING BUDGET. Motion carried, six ayes. 6.20 Application for Lawful Gambling Exemption Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt RESOLUTION 99-267 FINDING NO OBJECTION TO LAWFUL GAMBLING EXEMPTION FOR PLYMOUTH CIVIC LEAGUE. Motion carried, six ayes. 6.21 An Ordinance Amending Chapter IX of the Plymouth City Code Concerning Curfew Motion was made by Councilmember Bildsoe, seconded by Councilmember Harstad, to adopt ORDINANCE 99-18 AMENDING SECTION 925 OF THE PLYMOUTH CITY CODE CONCERNING CURFEW. Motion carried, six ayes. 7.1 Liquor Application for Baku Corporation Assistant Manager Ahrens presented the staff report on the application of Baku Corporation, 1115 Vicksburg Lane, for an on -sale 3.2 malt liquor and wine license. Mayor Tierney opened the public hearing and no one appeared. The hearing was closed. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-268 APPROVING ON—SALE 3.2 MALT LIQUOR LICENSE AND WINE LICENSE FOR BAKU CORPORATION D/B/A BAKU RESTAURANT, 1115 VICKSBURG LANE. Motion carried, six ayes. 7.2 Liquor Application for FC Liquors 1, Inc., d/b/a Paradise Liquors Assistant Manager Ahrens presented the staff report on the application of FC Liquors 1, Inc., 12 Nathan Lane, for an off -sale intoxicating liquor license. Mayor Tierney opened the public hearing and no one appeared. The hearing was closed. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 99-269 APPROVING OFF—SALE INTOXICATING LIQUOR LICENSE FOR FC LIQUOR 1, INC. D/B/A PARADISE LIQUORS, 12 NATHAN LANE. Motion carried, six ayes. Proposed City Council Minutes June 1, 1999 Page 6 7.3 Kingsview Lane Improvements, Project 9002 Public Works Director Moore presented the staff report on the assessments for the Kingsview Lane Construction Project. He said that the proposed assessments for the project are $118,192, or $7,387 per lot, which is identical to the preliminary estimate. Staff is recommending that the assessment period be 10 years at an interest rate of 7.75 percent. He explained the written assessment appeal process, as established in state law. Councilmember Harstad noted that the sanitary sewer bid is less than anticipated. Director Moore said the sewer cost is being paid the City trunk fund and is not being assessed. Mayor Tierney opened the assessment hearing on Project 9002 at 7:37 p.m. Tom Walsh, 75 Kingsview Lane, said he is in favor of the project at the amount proposed to be assessed. He favors a 15 -year assessment period. Dennis Heenzen, 70 Kingsview Lane, noted that the storm sewer outlet has been changed. He expressed concern that his lot will be negatively impacted by the change in drainage pattern. He said that a 28 -foot street width is not needed and noted that a narrower width was allowed for Ferndale Lane. He will lose a large oak tree due to the construction. Steve Rutz, 110 Kingsview Lane, asked for clarification about the assessment period. He would prefer a 5 -year assessment period. Mayor Tierney closed the public hearing. Director Moore said there is currently a culvert in the location of the proposed storm sewer outlet. Some berming and diking will be done as part of the project at the end of the storm sewer pipe to ensure a positive drainage away from the pipe. The 28 -foot street width would allow parking on one side of the street, with access for emergency vehicles. He said that any property owner can pay off their assessment early. Councilmember Johnson verified that parking will not be allowed on Ferndale Lane, which is narrower than this street. Councilmember Black asked why the interest rate would vary depending on the assessment period. Finance Director Hahn explained that the interest rate is typically established for special assessments at about 1 percent over what the City can make on investments during the assessment period. He said staff recommends avoiding a 15 -year assessment period unless there is significant hardship. Rating agencies such as Moody's favor rapid repayment of debt. Proposed City Council Minutes June 1, 1999 Page 7 Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-270 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT, KINGSVIEW LANE STREET CONSTRUCTION PROJECT, CITY PROJECT NO. 9002, with a 10 -year assessment period and interest rate of 7.75 percent. Motion carried, six ayes. 8.1 Award Contract for Kingsview Lane Improvements, City Project No. 9002 Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 99-271 AWARD CONTRACT, KINGSVIEW LANE CONSTRUCTION PROJECT, CITY PROJECT NO. 9002. Motion carried, six ayes. 9.1 Report on 1998 Tobacco Violation Agreements Public Safety Director Gerdes presented the report on the 1998 tobacco violation agreements. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to accept the report on the status of the 1998 compliance check violations for tobacco sales. Motion carried, six ayes. 9.2 Housing and Redevelopment Authority Vacancy Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to establish a special meeting beginning at 6:00 p.m. on June 22 to discuss the composition and appointments to the HRA. Motion carried, six ayes. Motion was made by Councilmember Black, seconded by Councilmember Slavik, to adjourn the meeting at 8:05 p.m. Motion carried, six ayes. i W-000, Proposed City Council Minutes June 1, 1999 Page 8 Attachment A City of Plymouth Liquor Findings of Fact and Decision Licensing Complaint Against TGI Friday's of Minnesota Inc., d/b/a Italianni's Restaurant On May 18, 1999, the Plymouth City Council met at its regularly scheduled meeting to consider adopting civil sanctions for a liquor license violation which resulted from a compliance check done in 1998. The liquor license holder was present and the City Council heard testimony from all interested persons wishing to speak at the meeting. FINDINGS OF FACT 1. TGI Friday's of Minnesota Inc., d/b/a Italianni's Restaurant ("Italianni's") is the holder of an on -sale intoxicating liquor license issued pursuant to Plymouth City Code Section 1206. 2. Italianni's is located at 220 Carlson Parkway in the City of Plymouth. 3. On June 5, 1998, Italianni's employee Albert Dvoskin sold a bottle of Miller Lite beer to a person who was under twenty-one years of age. Albert Dvoskin did not ask to see identification, nor did he ask the date of birth of the underage person. 4. Albert Dvoskin's sale of beer to an underage person was in violation of Minnesota Statute 340A.503, Subd. 2(1). 5. Copies of the Plymouth Police Department reports regarding this incident are incorporated into these Findings by reference. 6. On or about April 15, 1999, Albert Dvoskin pleaded guilty to selling alcoholic beverages to an underage person in violation of Minnesota Statute 340A.503, Subd. 2(1). 7. On May 3, 1999, Italianni's was notified in compliance with law of the above violation, and informed that an administrative hearing would be held before the City Council on May 18, 1999. 8. The Notice informed Italianni's that civil sanctions would be considered as a result of the violation. 9. Italianni's received the Notice and its representative(s) attended the May 18, 1999 City Council meeting. The representative admitted at the hearing that the violation occurred. The representative also admitted receiving notice from the City before June 5, 1998 that compliance checks would be conducted. Proposed City Council Minutes June 1, 1999 Page 9 10. There are no mitigating circumstances that excuse the violation. DECISION 1. Italianni's on -sale intoxicating liquor license is suspended for fifteen (15) days, to be determined at the discretion of the City. 2. Five (5) days of the license suspension are hereby stayed for one year from the date these Findings are adopted, upon condition of no violation of State law of City ordinance involving sale, consumption or display of alcoholic beverages. If a violation occurs, the stay shall be revoked immediately if ordered by the City Council after a hearing. The hearing on the revocation of the stay may proceed before final disposition of the criminal case on the new violation. 3. Italianni's shall pay a civil sanction to the City in the amount of Two Thousand and No/100 Dollars ($2,000.00) by June 18, 1999. 4. The civil sanction imposed herein constitutes Italianni's third violation and third appearance before the City Council, pursuant to City Code Section 1206.22. Proposed Minutes Special Council Meeting June 8, 1999 A special meeting of the Plymouth City Council was called to order at 5:30 p.m. in the Public Safety Training Room, 3400 Plymouth Blvd., on June 8, 1999. COUNCIL PRESENT: Mayor Tierney; Councilmembers Black, Harstad, and Slavik. Councilmember Bildsoe arrived at 5:45 p.m. and left the meeting at 6:00 p.m. Councilmember Johnson left the meeting at 6:30 p.m. COUNCIL ABSENT: None. ALSO PRESENT: Assistant City Manager Ahrens. Ward 3 City Council Interviews The City Council interviewed three applicants for appointment to the Ward 3 City Council position: Bob Stein, Brad Brown, and Paul Vincent. Following the interviews, the City Council discussed the applicants and the appointment process. The City Council indicated their intention to make an appointment to fill the Ward 3 City Council position at the June 22 meeting, with the new member sworn in at the July 6 meeting. The meeting was adjourned at 6:55 p.m. Proposed Minutes Special Council Meeting June 8, 1999 A special meeting of the Plymouth City Council was called to order at 7:00 p.m. in the Public Safety Training Room, 3400 Plymouth Blvd., on June 8, 1999. COUNCIL PRESENT: Mayor Tierney; Councilmembers Black, Harstad, Slavik, Bildsoe, and Johnson. COUNCIL ABSENT: None. ALSO PRESENT: City Manager Johnson, Assistant Manager Ahrens, Park Director Blank, Community Development Director Hurlburt, Public Works Director Moore, Finance Director Hahn, Public Safety Director Gerdes, John Sweeney, Assistant to Public Works Director. Meeting with Lobbying Organizations Jim Miller and Gary Carlson, League of Minnesota Cities; Gene Ranieri and Roger Peterson, Association of Metropolitan Municipalities; Bob Renner, Municipal Legislative Commission; and Tom Poul, Suburban Transit Association; presented information on their respective organizations and membership services provided to the City. Discussion was also held on various 1999 legislative issues. Millennium Garden Project Park Director Blank described a proposal for a Millennium Garden project to be located at the Plymouth Creek Center. The project would involve extensive plantings, community participation, and fund raising. The City Council directed staff to explore this project further. The City Council also reviewed a proposal from the Human Rights Commission that Plymouth apply to become a Millennium Community. Study Session The City Council established the next study session for 5:30 p.m. on July 20 to discuss Water Rate Study, Water Resource Management Plan, and Schedule Future Study Session and Topics. The Council also requested that a brief discussion with the City Manager be added quarterly as the last item on study sessions. The meeting was adjourned at 10:00 p.m. Proposed Minutes Special Council Meeting June 22, 1999 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 6:10 p.m. in the City Center, 3400 Plymouth Blvd., on June 22, 1999. COUNCIL PRESENT: Mayor Tierney; Councilmembers Johnson, Bildsoe, Slavik, Black, and Harstad. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant Manager Ahrens, Community Development Director Hurlburt, Housing Supervisor Goldsmith, and Deputy City Clerk Hoffman. OTHERS PRESENT: Housing and Redevelopment Authority Chair David Crain. 1. Composition of Housing and Redevelopment Authority and Appointment to fill Vacancy Mayor Tierney introduced Housing and Redevelopment Authority Chair David Crain and explained the reason for the meeting to discuss how many members of the City Council should serve as members of the HRA. David Crain explained that originally, the HRA was composed completely of Councilmembers. He said that as they left their seats on the Council, some would remain serving on the HRA. He announced his intention to step down from the HRA to allow others to serve at the end of his current term of office. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson to appoint a Ward 3 Councilmember before making an appointment to the HRA, and to further direct staff to re—advertise for seats on the HRA. Motion carried, four ayes. Councilmembers agreed to hold a Special Council meeting at 5:00 p.m. on Tuesday, July 27, to interview HRA candidates. The meeting was adjourned at 6:40 p.m. Deputy 4W Clerk 6, a/ Proposed Minutes Regular Council Meeting June 22, 1999 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the City Center, 3400 Plymouth Blvd., on June 22, 1999. COUNCIL PRESENT: Mayor Tierney; Councilmembers Johnson, Bildsoe, Slavik, Black, and Harstad. ABSENT: None. STAFF PRESENT: City Manager Johnson, Public Works Director Moore, Community Development Director Hurlburt, Park and Recreation Director Blank, Finance Director Hahn, Assistant Manager Ahrens, Lieutenant Ward, Housing Supervisor Goldsmith, Planner Rask, City Attorney Knutson, and Deputy City Clerk Hoffman. 3 Forum No one spoke at the Forum. 4.1 Music in Plymouth Park Director Blank announced that "Music in Plymouth" is scheduled for Wednesday, June 30, with activities commencing at 5:15 p.m. He encouraged residents to attend. 4.2 League of Minnesota Cities State Conference Summary Councilmember Johnson summarized Plymouth's participation in the 1999 League of Minnesota Cities Conference in Rochester, and announced that she has been appointed to the League's Board of Directors for a three year term. Mayor Tierney announced that the City of Plymouth received an award for excellence in community cooperation and creativity for organizing the January 1999 Hennepin County Y2K Conference. 4.3 Youth Jam '99 Councilmember Johnson thanked supporters and financial backers of the first annual Plymouth Youth Jam, and praised their efforts to promote positive activities for teens. 5 Approve Agenda Items 8.1 and 8.3 were removed from the agenda. The order of items 8.5 and 8.6 were reversed. Items 9.2, 9.3, 9.4, and 9.5 were added to the agenda. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to approve the agenda as amended. Motion carried, six ayes. Proposed City Council Minutes June 22, 1999 Page 2 6 Consent Agenda Items 6.09 and 6.18 were removed from the Consent Agenda. Councilmember Slavik registered a no vote on Item 6.08. Councilmember Harstad registered a no vote on Item 6.04. Councilmember Bildsoe said he wanted resident to be aware that among the items approved in the Consent agenda were approval of a conditional use permit for the expansion of Greenwood Elementary School; authorization for and increase of the City fire fighting force from 71 to 78; and the approval of paying $13,766 in taxpayer money to the State sales tax fund. Councilmember Johnson said there were 22 different pieces of legislation in the last legislative session to exempt local governments from paying state sales tax, but that none of the proposals passed. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to approve the consent agenda as amended. Motion carried, six ayes. 6.01 Approve Disbursements Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-272 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING JUNE 11, 1999. Motion carried, six ayes. 6.02 Replacement Sign Truck Purchase for Central Equipment Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-273 APPROVAL OF PURCHASE ONE NEW CURRENT MODEL SINGLE LOW PROFILE TRUCK CHASSIS. Motion carried, six ayes. 6.03 Renewal of 3.2 Malt Liquor Licenses Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-274 APPROVAL OF ON—SALE AND OFF—SALE 3.2 MALT LIQUOR LICENSES. Motion carried, six ayes. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-275 APPROVING 3.2 MALT LIQUOR LICENSE FOR WEST MEDICINE LAKE COMMUNITY CLUB. Motion carried, six ayes. 6.04 Local Transit Levy Option Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, not to adopt a local transit tax levy. Motion carried, five ayes, Councilmember Harstad nay. Proposed City Council Minutes June 22, 1999 Page 3 6.05 Extension of Due Date for Comprehensive Plan Update Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-277 RESOLUTION REQUESTING EXTENSION OF THE DUE DATE TO DECEMBER 31,1999, FOR REVIEW OF THE CITY OF PLYMOUTH'S COMPREHENSIVE PLAN FOR CONSISTENCY WITH AMENDED METROPOLITAN COUNCIL POLICY PLANS. Motion carried, six ayes. 6.06 Armstrong, Torseth, Skold & Rydeen, Inc. Parking Lot Expansion at Greenwood Elementary School (99032) Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-278 APPROVING A SITE PLAN AMENDMENT AND A CONDITIONAL USE PERMIT AMENDMENT FOR ARMSTRONG, TORSETH, SKOLD AND RYDEEN INC. FOR GREENWOOD ELEMENTARY SCHOOL LOCATED AT 3635 COUNTY ROAD 101(99032). Motion carried: six ayes. 6.07 BellSouth Wireless Date, L. P. Conditional Use Permit Amendment (99036) Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-279 APPROVING CONDITIONAL USE PERMIT AMENDMENT FOR BELLSOUTH WIRELESS DATA TO ALLOW THE PLACEMENT OF A WHIP ANTENNA ON THE ACF PUBLIC SAFETY COMMUNICATION TOWER AT 1145 SHENANDOAH LANE (99036). Motion carried, six ayes. 6.08 City of Plymouth. Comprehensive Plan Amendment for City Center Plan (98061) Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-280 APPROVING AMENDMENT TO PAGE 30 OF LAND USE GUIDE PLAN TO ADOPT THE STREETSCAPE ELEMENT DATED NOVEMBER 6, 1998 BY REFERENCE TO (CC) CITY CENTER (98061). Motion carried, five ayes, Councilmember Slavik nay. 6.10 Increase in Authorized Number of Firefighters Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to authorize an increase in the number of firefighters from 71 to 78. Motion carried, six ayes. 6.11 Street Light Project, Plum Tree East and Plum Tree East 2"d Additions Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-281 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING, PLUM TREE EAST AND PLUM TREE EAST 2ND ADDITIONS. Motion carried, six ayes. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-282 RECEIVING REPORT AND ORDERING PROJECT, STREET LIGHTING, PLUM TREE EAST AND PLUM TREE EAST 2ND ADDITIONS. Motion carried, six ayes. Proposed City Council Minutes June 22, 1999 Page 4 6.12 Final Payment, 1999 Crack Repair Program Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-283 REQUEST FOR PAYMENT NO.2 AND FINAL, 1999 CRACK REPAIR PROGRAM. Motion carried, six ayes. 6.13 Change Order No's 2 and 3, City Project No. 9007 Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-284 APPROVING CHANGE ORDER, NO'S 2 AND 3, SCHMIDT LAKE ROAD, CITY PROJECT NO. 9007. Motion carried, six ayes. 6.14 Request for County Speed Zoning Study, County Road 101 Motion was made by Councilmember Johnson,- seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-285 REQUESTING HENNEPIN COUNTY DEPARTMENT OF TRANSPORTATION TO CONDUCT A SPEED ZONING STUDY, COUNTY ROAD 101 FROM 14'*H AVENUE TO TRUNK HIGHWAY 12. Motion carried, six ayes. 6.15 Installation of Stop Signs at Various Locations Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-286 INSTALLATION OF STOP SIGNS AT VARIOUS LOCATIONS. Motion carried, six ayes. 6.16 Regional Transit Capital (RTC) Projects Funding Request Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-287 APPROVAL OF TRANSIT BUDGET CARRYOVER FUNDS FOR THREE TRANSIT RELATED IMPROVEMENT PROJECTS IDENTIFIED AS CITY PROJECT NO. 8006, CITY PROJECT NO. 8036, CITY PROJECT NO. 8035. Motion carried, six ayes. 6.17 Real Estate Purchase Agreement, Silverthorne 4`h Addition (97133) Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-288 APPROVING REAL ESTATE PURCHASE AGREEMENT, LAURENT LAND DEVELOPMENT, SILVERTHORNE 4" H ADDITION (97133). Motion carried, six ayes. Proposed City Council Minutes June 22, 1999 Page 5 7.1 City Code Amendment Regulating the Use of Medicine Lake Park Director Blank presented a request by Association of Medicine Lake Area Citizens AMLAC) for consideration that would place "no—wake" requirements on water craft when high water levels are reached on Medicine Lake, to prevent shoreline erosion. He said both the cities of Medicine Lake and Plymouth would have to approve the ordinance, and also the State Department of Natural Resources. He said that following passage, notification would be done by posting signs at boat launch sites, sending notices to cable TV programs, and to newspapers. Enforcement would be done by the Hennepin County Sheriff's Department. Mayor Tierney opened the public hearing at 7:32 p.m. Bruce Larson, 263 %2 Peninsula Road, representing Association of Medicine Lake Area Citizens AMLAC), explained that effects of high water and wake can be very damaging to lake shore property, to docks, boat lifts and boats. He reported that retaining walls have been damaged along the shoreline. He said the proposed ordinance sets the initiation point at a water level that has been reached only twice in the past ten years. He said that in addition to the notification stated by Park Director Blank, signs would be placed on Bassett Creek dam and at the entrances to the City of Medicine Lake. He said homeowner associations will also notify residents. Bonnie Kerschke, 3030 Larch Lane North, is a 34—year resident on Medicine Lake. She presented photographs showing high water levels and the damage done to the shoreline, as well as to plants and trees along the water front. Mayor Tierney closed the public hearing at 7:40 p.m. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to adopt ORDINANCE 99-19 AN ORDINANCE AMENDING SECTION 1335 OF THE PLYMOUTH CITY CODE REGULATING THE USE OF MEDICINE LAKE. Motion carried, six ayes. 8.1(6.09) Rottlund Company, Inc. Base Sales Prices for the Village at Bassett Creek Councilmember Black stated her concern is with the increased cost of housing on this project. Housing Supervisor Goldsmith explained that at the time of the contract signing between the City and the Rottlund Company, the base sales prices had been in effect for some time. He said Rottlund officials advised the City that those prices were likely to change, but that they could not predict what they would be. He reviewed a clause in the contract with the City which provides for the modification of maximum base prices. He said 47 of the town home models have been sold at the earlier agreed prices, and seven of the remaining homes will retain the original lower price. Councilmember Black said she would not support this increase. She believes the prices are not examples of affordable housing. Proposed City Council Minutes June 22, 1999 Page 6 Councilmember Johnson stated that with the lower interest rates available for first—time home buyers, even though the prices may be higher, buyers will get more buying power. She said she would hesitantly support the recommendation. Councilmember Harstad said he would not support the recommendation because he could not view the homes as affordable housing. Housing Supervisor Goldsmith stated that it is difficult to get private sector developers to agree to construction at these price levels. He said the Rottlund Company has been responsive and cooperative. Richard Palmiter, representing Rottlund Homes stated that base prices were the best guess his company had at the time of the contract signing. Councilmembers discussed delaying a decision on the recommendation. Richard Palmiter stated his firm has held off selling the remaining units, but would like to begin construction on the base pads. Motion was made by Mayor Tierney, seconded by Councilmember Johnson, to authorize the City Manager to issue a letter of Consent and Acknowledgment to the Rottlund Company to adjust the base sales prices for the Village at Bassett Creek. Motion carried: Johnson, Bildsoe, Slavik, and Tierney ayes; Black and Harstad nays. 8.2 Moen Leuer Construction. Rezoning, PUD General Plan and Preliminary Plat (98201) Community Development Director Hurlburt presented the request for rezoning phase two of Plymouth Ponds to a Planned Unit Development (PUD). She said that staff has presented two similar options, with one option requiring that Building 5 be shortened with fewer loading docks and with no parking at its west end. She highlighted comments and concerns from area residents regarding traffic, noise, visual impacts of the development, grading and drainage of the site. She explained the efficiencies involved in the project layout and what freedom the developer will have in the PUD. She said the loading areas in Building #5 will face residential areas across Medina Road. She said the loading areas do meet minimum requirements for setback and layout. She said partial screening of the loading areas will exist, but there is debate over whether the plan for a berm and natural tree lines will be adequate screening. She said the Planning Commission's recommendation did not include the reduction of the size of Building #5 or a reduction of the number of loading docks, but the staff recommendation, found in Alternative B, contains these items. She said conditions for the plan include conditions to minimize noise. She stated the plan review must be completed by September 1, 1999. Proposed City Council Minutes June 22, 1999 Page 7 In response to questions, Director Hurlburt said the loading area for Building #5 has always been on the south side of the structure, because of the land grading. She said this plan will reduce potential conflicts between cars and trucks, and keep traffic flowing in from County Road 24, while reducing traffic moving from the site onto Medina Road. Debra Brodsho, Project Architect for Moen—Leuer, explained her role as landscaper, and her belief that requirements have been met or bettered. She described how the placement of evergreens as well as deciduous trees and decorative plants will provide further screening from Medina Road for Building #5. She said the landscaping and berm will raise the screening to a level almost above the level of the tops of trucks at the loading docks. She said all the ring road traffic lanes will be 30 feet wide. Building #5 at its original length will not be a safety problem. She said reducing the size of the building would mean an appraised loss to owners between 600,000 to $800,000. Mayor Tierney called a ten—minute break. In response to questions, Ms. Brodsho stated that the plan will comply with state noise pollution control standards. She said noise complaints will be addressed immediately, and ongoing problems will merit shutdown of the offending business. Councilmember Black believed that the state and local noise pollution regulations apply to continuous noise, not intermittent or impulse noise, the operation of forklifts, or the moving of pallets. Mayor Tierney asked about the impact of reversing saw—tooth loading docks. Ms. Brodsho stated that traffic flow patterns would make such a plan difficult. She stated the proposed layout of the loading dock will eliminate some of the traffic entering onto Medina Road. Councilmember Black proposed an option to leave Building #5 at same length, but not to allow loading docks on the south side of the building. Motion was made by Councilmember Slavik, seconded by Councilmember Johnson, to suspend the rules and extend the meeting until 11:30 p.m. Motion carried, six ayes. Brad Moen, owner of Moen—Leuer, stated he would have a difficult time leasing buildings without loading dock space at the rear of the building. He said the types of businesses his company leases to will be light office type businesses, with no large truck use. He said reducing the number of loading docks would not provide adequate loading space for the number of businesses at the building. Richard Palmiter, the Rottlund Company, spoke in favor of the petitioner's requests. He said Rottlund homes are located across the street, and how the Moen—Leuer project looks will affect the sale of his company's homes. Proposed City Council Minutes June 22, 1999 Page 8 Dan McCarthy, 3455 Holly Lane spoke on behalf of the residents of the Seven Ponds neighborhood across Medina Road from the site. He said residents have not supported this design and development, and want to be assured there will be no negative impact on their resale value of their homes. He said their hope is that the final development plan approved will direct traffic away from Holly Lane, which is not the case in the proposal. Greg Katchmark, 3475 Holly Lane, addressed the issues of docks facing homes, and traffic coming out onto Holly Lane. He favored the idea of putting a berm along the main traffic lane and reducing the height of building #5 while adding a wider loading space along the building. Harry Lindberg, 3455 Holly Lane, asked councilmembers to encourage finding a way to locate Building #5 so that loading does not take place on the south side of the building. Scot Alexander, 17815 32nd Place North, President of Heather Run Homeowners Association, said his group is in complete agreement with the Seven Ponds neighborhood residents. Mr. Moen stated that the location of the docks on the south side of Building #5 has to do with surrounding land grades. He said placement of the docks on the north side, as part of the center alley would create a space which would not be appealing for leasing. Community Development Director Hurlburt agreed that inverting the building would shift parking and would complicate the area traffic patterns. Motion was made by Councilmember Harstad, seconded by Mayor Tierney, to adopt Alternative A of the Planning Department staff report, with the deletion of Item 17 which bans parking on the west side of Building #5. Councilmember Harstad believed Alternative A is as close as the two parties can get. Councilmember Bildsoe said there are ways to improve what had been proposed. He did not think Alternative A addresses them. Motion was made by Councilmember Black, seconded by Councilmember Johnson, to call the question. Motion carried, six ayes. Main motion failed: Harstad aye; Johnson, Bildsoe, Slavik, Black and Tierney nays. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt Alternative Resolution B. Motion was made by Councilmember Harstad, seconded by Mayor Tierney, to table a decision on the issue to the Regular Council meeting of July 20. Proposed City Council Minutes June 22, 1999 Page 9 Motion to table failed: Harstad and Tierney ayes; Johnson, Bildsoe, Slavik, and Black nays. Motion was made by Mayor Tierney, seconded by Councilmember Black, to adopt Recommendation B of the Planning Department staff report. Motion was made by Mayor Tierney, seconded by Councilmember Johnson, to eliminate option 15 in Alternative B. Motion carried, six ayes. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to amend the Alternative B, eliminating all loading docks on Building #5. Councilmember Bildsoe stated that placement of loading docks facing the neighborhood across Medina Road lowers the standards of the plan. Community Development Director Hurlburt said removal of the loading docks from the south side of the building would require a redesign of the site plan. She said the proposal could affect the site grading plan, the landscape plan, and the car parking area, which would be major changes to the plan. Mike Leuer, representing Moen—Leuer Development, stated his company will not move the loading docks. Motion to amend failed: Bildsoe and Slavik ayes; Johnson, Black, Harstad, and Tierney nays. Ms. Brodsho asked about the feasibility of amending the request to a conditional use permit instead of a PUD. She said amendments are being made which make the plan fiscally impossible and not feasible. Community Development Director Hurlburt stated the current application for rezoning and the Planned Unit Development would need to be withdrawn and resubmitted as a Conditional Use Permit. She said the City's level of discretion is less with a Conditional Use Permit. Motion was made by Councilmember Harstad, seconded by Councilmember Black, to call the question. Motion failed: Johnson, Slavik, and Tierney ayes; Bildsoe, Black and Harstad nays. Councilmembers discussed the merits of delaying a decision on the proposal. Councilmember Johnson said if changes in building locations or arrangements are asked for, the Council needs to review the effect on land grades and other ramifications. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to reconsider tabling a decision until the July 20 Regular Council meeting. Proposed City Council Minutes June 22, 1999 Page 10 Mayor Tierney said she could not make a decision without reviewing what might be lost by approving a Conditional Use Permit instead of a PUD. Councilmember Bildsoe believed a postponement would give the proposal another chance to come to a sensible conclusion. Councilmember Slavik supported a delay in a decision until the Ward 3 Councilmember is able to review the plan. Councilmember Johnson wanted further discussion with neighbors. Councilmember Black did not like the dock doors facing Medina Road and would like a chance to take another look at the proposal. Motion to reconsider carried, six ayes. Motion to table the issue until the July 20 Regular Council meeting carried, six ayes. 8.4 Request for "All—Way" Stop at Yucca Lane and 60' Place Public Works Director Moore explained residents in the Lake Camelot subdivision north of County Road 47 have requested stop signs where the cul—de—sac from 60' Place opens onto Yucca Lane. He reviewed Council policy on requests for stop signs, and stated that studies showed this intersection did not meet the minimum score to warrant signs. He recommended no placement of signs. Motion was made by Mayor Tierney, seconded by Councilmember Black, to suspend the rules and extend the meeting to 12:00 a.m. Motion carried, six ayes. Public Works Director Moore said staff did recommend additional traffic safety markings such as a painted bike lane, to narrow the traffic way, along with the addition of warning signs and periodic enforcement. Linda Knapp, 6035 Yucca Lane, stated that safety and speed reduction are top concerns for residents. She believes stop signs are the most effective way to cuts speeds. Public Works Director Moore said they do not typically put stop signs on residential streets because traffic coming out of the 60' Place cul—de—sac onto Yucca Lane is supposed to yield. Councilmember Bildsoe suggested speed humps as a solution. Linda Knapp said she was concerned that speed bumps may come too late to avoid an accident. Proposed City Council Minutes June 22, 1999 Page 11 Rick Olson, 13925 61' Avenue, representing the Camelot Homeowners Association, supported the request for stop signs. He said the traffic problem is the main topic of concern for the homeowners because they have seen residents elsewhere get stop signs. Councilmember Johnson believed that violators come from the neighborhood itself. She asked if residents have tried educational sessions to alert them of concerns. Motion was made by Councilmember Bildsoe, seconded by Councilmember Slavik, to adopt RESOLUTION 99-289 APPROVING REQUEST FOR "ALL—WAY" STOP, YUCCA LANE NORTH OF COUNTY ROAD 47. Councilmember Bildsoe believed that there are unique circumstances in this case, and they should be considered. Mayor Tierney supported the road striping effort as a test, with a review in October to learn what the effect has been. Councilmember Bildsoe said speeding cars are not going to recognize the reason for a striped bike lane. Motion carried, six ayes. Motion was made by Councilmember Slavik, seconded by Councilmember Harstad to suspend the rules and extend the meeting to 12:30 a.m. Mayor Tierney called a ten—minute break. 8.5 (8.6) Appoint Ward 3 Councilmember Motion was made by Councilmember Harstad, seconded by Councilmember Black, to adopt RESOLUTION 99-290 APPOINTING BRAD BROWN TO THE WARD 3 CITY COUNCIL SEAT. Councilmembers thanked the applicants and encouraged them to continue participation on boards and commissions. Motion carried, six ayes. 8.6 (8.5) Appointment To Fill Vacancy on Housing and Redevelopment Authority Motion was made by Mayor Tierney, seconded by Councilmember Black, to direct staff to advertise for applicants to fill Planning Commission and HRA seats, and to hold a special council meeting on July 27 at 5:00 p.m. to interview applicants. Proposed City Council Minutes June 22, 1999 Page 12 Councilmember Johnson announced that she will resign her seat on the HRA when the vacancies are filled. Motion carried, six ayes. 8.7 (6.18) Approval of Institution Community Work Crew Program Contract Councilmember Harstad stated he was uncomfortable with the use of inmates from the County Adult Correctional Facility. He recommended the use of high school students, church volunteers, and the offer of more work for union members. Councilmember Johnson said there have been fears expressed in the community, but they have never been realized. She believed it is not just about money, but about having people do their time and do something good for the community, and plans to support the program. Lieutenant Ward stated participants in the program are low risk individuals with more to lose by violating the trust extended by the program, and are not a concern to public safety. Councilmember Black believed the risk in the program situations is minimal. Motion was made by Mayor Tierney, seconded by Councilmember Johnson, to adopt RESOLUTION 99-276 APPROVAL OF INSTITUTION COMMUNITY WORK CREW PROGRAM. Motion carried, five ayes, Harstad nay. 9.1 Draft Speed Hump Policy Public Works Director Moore summarized his department's report on the placement of two speed humps on streets in Plymouth to serve as a "traffic calming" influence. He reported the speed humps do cause some noise problems, but are effective in slowing traffic, He recommended the Council hold public hearings before initiating the installation of the speed humps. Public Works Director Moore said snow plowing does not sheer off speed humps, because they are between three to four inches high and twelve feet wide. He said warning signs are placed on the streets to alert drivers, in an effort to avoid damage to cars. He stated they are too wide to cause problems for people on skateboards or bicycles. Motion was made by Councilmember Black, seconded by Councilmember Johnson to suspend the rules and extend the meeting to 12:40 a.m. Motion carried: Johnson, Bildsoe, Slavik, Black and Tierney ayes, Councilmember Harstad nay. Councilmember Bildsoe requested that the policy require that petitions show 75% support by residents for installation of speed humps. Proposed City Council Minutes June 22, 1999 Page 13 Motion was made by Mayor Tierney, seconded by Councilmember Bildsoe, to request staff to prepare a speed hump policy based on input, comments, and direction given by City Council members. Motion carried, six ayes. 9.2 Report on Fire Station #4 Councilmembers directed staff to present a report by the end of August on the progress of plans for Fire Station #4. 9.3 Speeding Traffic on Vicksburg Lane between Highway 55 and County Road 6 Councilmember Bildsoe said speeding traffic continues to be a problem on Vicksburg Lane. He does not believe that the present 50 m.p.h. speed limit is appropriate, and asked staff to put in a request to the State Department of Transportation to review conditions and consider posting a lower speed limit. Public Works Director Moore said such a request was put to the Transportation Department some two years ago without success, and that over the past ten years several efforts have been made with the same result. Councilmember Bildsoe said he wants the City to be proactive, even if lobbying is necessary. Councilmember Black agreed because there are other instances in the city, such as Northwest Boulevard where the speed limits are lower. Public Works Director Moore said the difference in those roads is a design consideration. He said Vicksburg Lane is a straight stretch of road, while others have curves and hills. 9.4 (I -4a from the Council Information Memo) Water and Sewer Dept. Customer Service Councilmember Bildsoe said he wanted to highlight the correspondence from a resident who praised efforts by Water and Sewer Supervisor Greg Cook and his department. 9.5 Hiring Update on City Clerk Position Assistant Manager Ahrens summarized the City Clerk hiring process. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adjourn the meeting at 12:40 a.m. Motion carried, six ayes. eputy Cit lerk Agenda Number: 6 , TO: Dwight D. Johnson, City Manager FROM: Dale E. Hahn, Director of Finance & Information Technology SUBJECT: Disbursements DATE: June 28, 1999 for the City Council Meeting July 6, 1999 1. PROPOSED MOTION: To adopt the attached resolution approving the disbursements for the period ending June 25, 1999. 2. DISCUSSION: Shown below is a listing of disbursements for the various funds for the period ending June 25, 1999: Anchor Bank General & Special Revenue Construction & Debt Service Enterprise & Internal Service Housing & Redevelopment Authority GRAND TOTAL FOR ALL FUNDS 154,386.96 526,857.82 649,221.21 3,460.40 1,333,926.39 L r. 3. RECOMMENDATION: I hereby approve the attached listing of disbursements and recommend same for payment. CITY OF PLYMOUTH RESOLUTION NO: 99 - APPROVING DISBURSEMENTS FOR THE PERIOD ENDING JUNE 25, 1999 WHEREAS, a list of disbursements for the period ending as presented to the City Council for approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the payment of the list of disbursements of the following funds is approved: Anchor Bank General & Special Revenue $ 154,386.96 Construction & Debt Service 526,857.82 Enterprise & Invernal Service 649,221.21 Housing & Redevelopment Authority 3,460.40 GRAND TOTAL FOR ALL FUNDS $ 1,133,926.39 Adopted by the City Council on July 6, 1999. Invoice Expense Distribution for Period Ended 06-25-99 FUND 101 General Fund 140,114.10 201 Recreation Fund 7,365.76 203 Transit System Fund 5,659.50 204 Community Development Fund 0.00 207 Economic Development Fund 0.00 220 Comm Dev Block Grant Fund 1,247.60 250 HRA Section 8 Fund 2,605.40 251 HRA General Fund 855.00 401 General Capital Projects Fund 74,322.01 402 Minnesota State Aid Fund 413.55 404 Building & Equipment Rev. Fund 37,059.89 408 Project Administration Fund 2,812.50 409 City & Community Parks 0.00 421 Utility Trunk Fund 3,075.70 422 Unfinanced Imp Construction 378,944.92 425 Shenandoah Housing Imp. Area 29,896.85 426 Shenandoah Administration 0.00 428 Activity Center/Fieldhouse 0.00 470 TIF # 7-1 (Const) 0.00 471 TIF # 7-2 O.S. (Const) 0.00 472 TIF # 7-3 P.O.S. (Const) 0.00 474 TIF Dev. Exp. Bonds 95 (Const) 332.40 475 TIF # 7-5 Rottlund (Const) 0.00 501 Water Fund 71,427.12 502 Sewer Fund 258,728.87 503 Solid Waste Management Fund 2,484.80 504 Recreation Facility Fund 23,211.22 505 Water Resources Fund 79.35 506 Activity Center Fund 0.00 601 Central Services Fund 776.99 602 Central Equipment Fund 57,082.00 603 Risk Management Fund 17,600.87 604 Design Engineering Fund 7.98 605 Employee Benefits Fund 155,533.25 606 Information Technology Fund 55,994.54 607 Public Facilities Fund 6,294.22 Total Invoice Expense Distribution: $ 1,333,926.39 Date: 06/28/99 Time: 10:02 am 6/14/99 Through 6/25/99 Page: 1 Vendor Name Check# Check Amount Invoiceescri tion Invoice Amount 1000 Friends of Minnesota 20781 8.00 2copies/Growing Smart in MN 8.00 3CMA 20960 495.00 H LaFave Portland Conf 9-22/25 495.00 ABM Equipment & Supply, Inc. 20782 1,022.40 16 90gal Trash Carts 1,022.40 ACF Industries 20861 755.00 99'Annual plant order 755.00 ATOM 20961 75.00 Oie,Frontline Leadership6/10 75.00 AVI Systems 20783 405.55 1 Panasonic Poer CBA 405.55 Aetna Life Ins & Annuity Inc 20962 1,667.81 Payroll Generated Invoice 313.46 Payroll Generated Invoice 150.00 Payroll Generated Invoice 50.00 Payroll Generated Invoice 435.00 Payroll Generated Invoice 117.22 Payroll Generated Invoice 244.44 Payroll Generated Invoice 50.00 Payroll Generated Invoice 307.69 Ahrens, Laurie 21028 611.19 6-23/6-25 198 Mileage Reimb 61.38 5 nites lodge/Rochester Youth 523.34 Panera Bread/Charter Commissio 26.47 Airgas North Central 20784 67.71 10 Reg port plug nut 48.73 10 Reg outlet plug 18.98 Airgas North Central 20963 6.33 PS Medical Oxygen 6.33 City of Plymouth Council Register 002.igr Date: 06/28/99 Time: 10:02 am 6/14/99 Through 6/25/99 Page: 2 Vendor Name Check# Check Amount Invoice Description Invoice Amount Airtouch Cellular 20785 744.58 Jun99 Patrol 0.39 Jun99 Recreation 0.39 Jun99 Gary Smith 9.53 Jun99 Patrol 4.49 Jun99 4 Investigations phones 121.36 Jun99 Patrol 86.23 Jun99 Patrol 89.00 Jun99 Patrol 102.40 Jun99 Patrol 84.18 Jun99 Patrol 92.73 Jun99 Patrol 78.80 May99 Craig Gerdes 28.00 Jun99 Engineering 26.69 Jun99 Engineering 7.98 Jun99 Rad Team 1.97 Jun99 Tom Vetsch 7.69 Jun99 Greg Cook 2.75 Airtouch Cellular 20964 24.50 Jun99 IMS Jeff Hohenstein 3.86 Jun99 Rick Kline 20.64 All Creatures Great and Small 20965 50.00 1 evening at"Got Habitat" 50.00 All Star Sports 20786 288.35 24 Hockey Champ T's 92.40 2 BB scorebks,2 stopwatches 33.95 10-21-98 24 Prog060 T's 162.00 All Star Sports 20966 576.00 4 Jackets/Ice Arena Figure Ska 192.00 4 Jackets/Ice Arena Figure Ska 192.00 4 Jackets/Ice Arena Figure Ska 192.00 City of Plymouth Council Register 002.igr Date: 06/28/99 Page: 3 Time: 10:02 am 6/14/99 Through 6/25/99 Vendor Name Check# Check Amount Invoice Description Invoice Amount American Public Transit Assoc. 20787 3,372.00 7-99/7-2000 Membership 2,932.00 J Sweeney/10-10/10-14 Orlando 440.00 American Red Cross Assoc. 20968 222.80 CPR manikins,video's 109.91 8 CPR Pocket mask 112.89 Anchor Bank 20789 50.00 Daycamp Pettycash 50.00 Anchor Bank 20969 300.00 7-10 door prizes Summer event 300.00 Anderson, Cynthia 20988 333.15 Cordless Phone Parkers Lake 173.75 Henn Park park stickers/Canoe 43.00 5 Pizza'sNolunteer Wrkshp lun 116.40 Anderson, Henrietta 21013 35.00 99-24 remove paving tack from 35.00 Appletree Institute 20790 83,095.00 Ju199 Medical Ins 83,095.00 Arostegui, Kathy 20792 15.97 Park and Recreation Refund 15.97 Ascom Hasler Mailing Sys., Inc 20971 192.00 Jul-Sep99 Mailroom meter rntl 192.00 Aspen Waste Systems 20972 2,434.80 5-15/5-17 Roll -off containers 2,434.80 At the Lake Apartments 20973 226.00 Jun99 HAP 226.00 Audio Logic Pro Sound Co 20793 734.85 Youth Jam sound equip rntl 734.85 City of Plymouth Council Register 002.igr Date: 06/28/99 Time: 10:02 am Vendor Name Invoice Description Auer, Cynthia Park and Recreation Refund Auto Glass Specialists Inc. Unit 423 repair Automatic Fire Alarm Assoc. 99'S Scofield membership BCA/Forensic Science Lab D Thompson/Intoxilyzer 4-15/30 K Forslund/Intoxilyzer 4-15/30 S Kleist/Intoxilyzer 4-15/30 J Gebhardt/Intoxilyzer 4-15/30 D Duerksen/Intoxilyzer 4-15/30 B Beniek/Intoxilyzer 4-15/4-30 M Buske/Intoxilyzer 4-15/4-30 M Evans/Intoxilyzer 4-15/4-30 D Groth/Intoxilyzer 4-15/4-30 L Holzerland/Intoxilyzer 4-15/ B Jeska/Intoxilyzer 4-15/4-30 P Johnson/Intoxilyzer 4-15/30 Tim Oie/Intoxilyzer 4-15/4-30 T Larson/Intoxilyzer 4-15/4-30 L Way/Intoxilyzer 4-15/4-30 S Webb/Intoxilyzer 4-15/4-30 C Smith/Intoxilyzer 4-15/4-30 K Pregler/Intoxilyzer 4-15/30 Bailey's Nursey 290 plants pond/wetland projct 20 plants pond/wetland project Baker Road Auto Service Center 1 8ft snowplow 6/14/99 Through 6/25/99 44.00 49.95 25.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 1,258.24 330.15 2,706.95 Page: 4 HSTER Check# Check Amount 20794 $44.00 20974 $49.95 20795 20975 20796 20797 25.00 720.00 1,588.39 2,706.95 City of Plymouth Council Register 002.igr Date: 06/28/99 Time: 10:02 am 6/14/99 Through 6/25/99 Vendor Name 2,706.95 Invoiceescnption Invoice Amount Baker Road Auto Service Center 1,014.48 Unit 579 8'Snow Plow blade 2,706.95 Barton Sand & Gravel Co. 240.00 6-4/6-11 315.28tn CI -5 Recycle 1,658.72 Beacon Ballfields 54x150' Fencing 1,014.48 Benson, Manferd Park and Recreation Refund 41.00 Bergstrom, Cindy 5-11/6-8 15hrs Stain Glass Ins 240.00 Bertelson Bros. Inc. 3 -Pad holder 34.35 10rm paper/cover stock 8pk 245.06 Env/pens/exp folder/letter fol 71.42 Storage box 9.52 Staples/binder 25.02 4 -Punch hole 24.28 Ribbon 7.34 Calculator/scale/staple remove 20.60 8dz pencils/1 pk labels 34.70 1 bx envelopes/marker/cleaner 56.70 Bertelson Bros. Inc. 2bx fasteners 98.10 laminating sheets/tape 55.02 2pk laser labels 16.97 12-Marker/4dz pens 57.73 File 163.24 1 pk envelopes 11.70 9x12env,whiteout,postits,lglpd 70.07 4 -ribbon 29.35 Page: 5 Check# Check Amount 20976 2,706.95 20977 1,658.72 20798 1,014.48 20799 41.00 20800 240.00 20801 528.99 20978 $536.24 City of Plymouth Council Register 002.igr Date: 06/28/99 Time: 10:02 am 6/14/99 Through 6/25/99 Page: 6 Vendor Name Check# Check Amount Invoice escnpbon Invoice Amount Pen refills 1.78 1 stapler 15.73 10 File magazine 16.55 3bx envelopes 28.44 Return envelope 28.44 Bonestroo Rosene Anderlik 20802 24,617.35 Apr99 Proj9010 File 70988021 2,231.95 Apr99 Proj803O File 70988001 843.75 Apr99 Proj9007 File 70983009 5,107.95 Apr99 General 302.50 Apr99 Plymouth MSA 70980011 413.55 Apr99 Proj6007 File 70983037 15,717.65 Border States Industries, Inc. 20803 345.91 20 -Midget fuse 128.44 10 Fuseholder 89.03 20 600V Midget fuse 128.44 Brass Tacks Network Inc 20804 2,812.50 May99 Facilitor consulting 2,812.50 Braun, Julie 20805 82.00 Park and Recreation Refund 82.00 Bringle, Lorene 20881 625.05 Apr99 Phone Charges 625.05 Bringle, Lorene 21033 1,040.18 May99 Phone Charges 350.18 5-30/6-5 2hrs Mass Apprsl 120.00 6-15/6-16 3.5hr Mass Apprsl 210.00 6-6/6-10 6hrs Mass Appraisal 360.00 Bryan Rock Products Inc 20980 2,989.08 236.15tn Red Ball/Proj5030 2,989.08 City of Plymouth Council Register 002.igr Date: 06/28/99 Time: 10:02 am Vendor Name Invoice Description CWH Research/Management Inc PD Entry level written tests Cabinet People Inc, The PS countertop,cabinet,trim Carlson, Peggy Park and Recreation Refund Carter, Susan Park and Recreation Refund Carter, Susan Park and Recreation Refund Carter, Susan Park and Recreation Refund Caswell International Corp Shooting Range sery agrmnt Centers, Rebecca Park and Recreation Refund Centers, Rebecca Park and Recreation Refund City of Eagan 7-23 Deposit to Cascade Bay City of Excelsior K Hoffman/Regional Clerks Mtg City of Plymouth / Misc Dep to Workers Comp Trust #12 City of Plymouth/Sewer & Water City Center Parkers Pavilion E Med Lake Plym Creek Park 6/14/99 Through 6/25/99 Invoice Amount 1,809.50 825.38 41.00 10.00 31.00 10.00 300.00 41.00 5.13 105.00 25.00 15,000.00 225.54 190.89 28.89 246.54 Page: 7 Check# Check Amount 20981 1,809.50 20942 825.38 20806 41.00 20807 10.00 20808 31.00 20809 10.00 20810 300.00 20811 41.00 20812 5.13 20982 105.00 20983 25.00 20984 15,000.00 20985 3,435.52 City of Plymouth Council Register 002.igr Date: 06/28/99 Time: 10:02 am 6/14/99 Through 6/25/99 Page: 8 Vendor Name Check# Check Amount Invoice Description Invoice Amount Public Safety Bldg 89.49 Fire Station 3 162.39 Fire Station 2 157.14 Fire Station 1 112.14 Ice Arena 307.57 Ice Arena 425.49 Bass Lk plyfld 179.03 Zachary Park 257.75 Plym Jr Hi Plyfld 192.47 Lacompte Park 143.27 Oakwood park 242.42 Parkers Lk Plyfd 191.03 Public Works 278.04 Historical Society 5.43 City of Wayzata 20986 45.00 Unit 100,101,102,103,104,105 45.00 Classic Floral Design 20813 166.14 13dz Carnations/Dance Recital 166.14 Coffee Mill Inc 20815 366.76 IC Conc coffee resupply 366.76 Cogelow, Debra 20992 97.03 6-8/6-17 313 Mileage Reimb 97.03 Collisys 20816 173.59 Parkers Ik tennis courts time 173.59 Commercial Asphalt Co. 20817 543.47 6-3/6-10 24.43tn Tack,41A wear 543.47 Conservation Research Inst 20818 18.00 Prairie Plants&Roots Poster 18.00 Constantine, Dean 20991 232.00 5-7/5-28 Ballroom dance instr 232.00 City of Plymouth Council Register 002.igr Date: 06/28/99 Time: 10:02 am 6/14/99 Through 6/25/99 Page: 9 Vendor Name Check# Check Amount Invoice Description Invoice Amount Consulting Psychologists Press 20819 340.00 50 Thomas Kilmann CMI 340.00 Contact Mobile Communications 20820 628.00 Jun99 PW Radio Maintenance 628.00 Contact Mobile Communications 20987 1,910.72 Unit 587 adaptor,UHF male sold 100.86 Unit 248 Install kenwood radio 167.28 Unit 346 Antenna for 220 142.58 PM's on all lift stations 1,500.00 Corporate Card 20821 917.66 Hurlburt/Seattle Conf/Mail Box 917.66 Crawford, Melanie 20822 41.00 Park and Recreation Refund 41.00 Crenshaw, Estelle 20823 19.20 Park and Recreation Refund 19.20 Crow Wing County 20824 400.00 Case#99-19817 bail/fine 400.00 D P C Industries Inc/PO 200129 20825 1,556.00 8000lbs Chlorine .1930 1,556.00 Danka Office Imaging/Ck Addr 20989 166.67 May99 min/Apr usg 95 copier 166.67 Danko Emergency Equip/PO 248 20827 124.40 2 large step w/body gasket 124.40 Danko Emergency Equip/PO 248 20990 1,385.00 2 Co,2 02,2 LEL Sensors/calabr 1,385.00 Department of Commerce - NOTRN 20828 320.00 8 Notary renewal,Langston,Oie, 320.00 Dickinson, Arthur 20993 26.00 Park and Recreation Refund 26.00 City of Plymouth Council Register 002.igr Date: 06/28/99 Time: 10:02 am Page: 10 6/14/99 Through 6/25/99 Vendor Name Check# Check Amount Invoice Description Invoice Amount Dillon, Lindi 20829 13.00 Park and Recreation Refund 13.00 Documents By Design 20994 83.07 75 BikelD 83.07 Doran, Peggy 20830 79.00 Park and Recreation Refund 79.00 Douglas Company 20831 165.00 2355 Jonquil install bath 165.00 E H Renner & Sons 20832 19,979.00 Well#5 Rmv/Install-Modify well 2,110.00 Well#5 Pull/Set pump 17,869.00 Earl F. Andersen, Inc. 20833 62,229.80 1 20x14 SUAL No Bicycles 25.19 Green Oaks Playbooster,playsha 48,104.18 Green Oaks install play equip 14,100.43 Earl F. Andersen, Inc. 20995 8,776.04 15 12'Galy tub Post 361.83 Schmidt LkNicksburg poured in 2,491.00 Sunrise Pk 298sgft surface 4,026.71 144 6",4 9"Single Faced plates 1,896.50 Electrical Installation & Mnt 20996 184.00 May99 Light repairs 184.00 Ellison, Holly 20835 4.00 Park and Recreation Refund 4.00 Erickson, Carmen 20836 41.00 Park and Recreation Refund 41.00 Evergreen Land Services Co. 20997 383.61 5-1/5-31 Proj9002 383.61 City of Plymouth Council Register 002.igr Date: 06/28/99 Time: 10:02 am Vendor Name Invoice DescnpBon Express Messenger 6-1/6-14 Attorney P/U Less cr FBINAA Northwest Chapter J Franz/Rapid City training Falls Automotive Inc 99'Dodge 2500 P/U 4x2 Unit 345 Farris, Kelley Payroll Generated Invoice Farris, Roberta Lynn Payroll Generated Invoice Fedex 5-24 2P/U's J Ward to CWH Fire Rescue Magazine 99'Subscr Renewal Fortis Benefits Insurance Co Jun99 LTDlferm Life Ins Froseth, Barrie Park and Recreation Refund G & K Services Public Works Uniform Rntl Public Works Uniform Rntl G & K Services Public Works Uniform Rntl G C Bentley Assoc /14292 Golf 6-1/6-14 76.25hr Proj Mgmnt Garrett, Kendra Park and Recreation Refund Garrett, Kendra Park and Recreation Refund City of Plymouth 6/14/99 Through 6/25/99 Invoice Amount 52.50 325.00 16,086.00 151.85 512.77 77.65 25.95 6,617.75 41.00 503.79 503.07 503.79 2,287.50 16.00 17.00 Page: 11 Check# Check Amount 20998 52.50 20837 325.00 20838 16,086.00 21024 151.85 21064 512.77 20999 77.65 20839 25.95 20840 6,617.75 20841 41.00 20842 1,006.86 21000 503.79 20843 2,287.50 21001 16.00 21002 17.00 Council Register 002.igr Date: 06/28/99 Time: 10:02 am 6/14/99 Through 6/25/99 Page: 12 Vendor Name Check# Check Amount Invoice Description Invoice Amount General Binding Corp. 20844 294.01 7/8",1" Cerlox ring bind elem 129.01 Rpr 19Hole punch machine 165.00 General Office Products Co. 21003 577.17 1 Chair/Finance Director 577.17 General Repair Service 21004 51.59 4 Filter Cones 51.59 Goal Oriented 20845 660.00 Ground Augs 660.00 Gopher State One -Call, Inc. 21005 565.25 May99 CC Locates 40.25 May99 PW Locates 525.00 Gossen, Caroline 20846 9.12 Park and Recreation Refund 9.12 Grahek, Susan 20847 33.00 Park and Recreation Refund 33.00 Grahek, Susan 20848 49.00 Park and Recreation Refund 49.00 Grant Nelson Group, The 21080 416.50 1-99/4-99 LTD 416.50 Greenworks Inc 21007 143,459.31 Proj5030 #1 Zach Ln Landscape 143,459.31 Gregor Farm & Greenhouse 21008 13,773.49 Various flowers 11,368.88 99'Annual plant order 2,404.61 Greupner, Karol J 21022 63.23 Target/PR Prog 223 supplies 63.23 Griffin, Jennifer 20849 4.00 Park and Recreation Refund 4.00 City of Plymouth Council Register 002.igr Date: 06/28/99 Time: 10:02 am 6/14199 Through 6/25/99 Vendor Name 41.00 Invoiceescnption Invoice Amount Gullett, Susan 176.22 Park and Recreation Refund 41.00 Gullickson, Monica 31.35 Park and Recreation Refund 49.00 Hach Chemical Company 7,194.82 Chlorine,Ascorbic acid,strg so 176.22 Hahn, Dale E 44.20 5-22/5-26 Nashville Conf/GFOA 743.41 Hamel Building Center May99 Hardware Supplies 31.35 Hart, Jodi Park and Recreation Refund 37.00 Hartland Fuel Products, LLC 8502gl Super 89 @ .6654 7,194.82 Hartman, Grant R 3-30/6-10 Karate Instruction 1,037.96 Healthfund of Minnesota Payroll Generated Invoice 1.00 Payroll Generated Invoice 5.67 Payroll Generated Invoice 1.00 Payroll Generated Invoice 3.00 Payroll Generated Invoice 3.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 1.73 Payroll Generated Invoice 2.00 Payroll Generated Invoice 1.80 Payroll Generated Invoice 6.00 Payroll Generated Invoice 10.00 Payroll Generated Invoice 5.00 Payroll Generated Invoice 2.00 City of Plymouth Page: 13 Check# Check Amount 20850 41.00 20851 49.00 20852 176.22 20826 743.41 20853 31.35 20854 37.00 20855 7,194.82 21006 1,037.96 21009 44.20 Council Register 002.igr Date: 06/28/99 Time: 10:02 am 6/14/99 Through 6/25/99 Page: 14 Vendor Name Check# Check Amount Invoice Description Invoice Amount Payroll Generated Invoice 1.00 Health partners/Grp.Health Inc. 21010 5,903.12 Ju199 Dental coverage 5,903.12 Hedberg Aggregate 20856 5.33 PD Weigh Scale 5.33 Henley Park Hotel 21011 580.22 bal 6 nites lodge/WashingtonDC 580.22 Hennen, Susan 20857 4.00 Park and Recreation Refund 4.00 Hennen, Susan 20858 27.88 Park and Recreation Refund 27.88 Hennepin County /NW #8121 20859 263.74 May99 5.78tn Waste Hauling 263.74 Hennepin County Sheriff/Radio 20860 698.29 5-11/5-23 PS Radio repairs/rmv 698.29 Hennepin Technical/9000 Brklyn 21012 336.66 T Evenson Tuition 136.66 M Anderson EMT Refresher 200.00 Hirshfield's 20862 1,214.10 60 5gal White Field Paint 1,214.10 Home Depot 20863 951.26 5-3/5-27 Hardware Charges 951.26 Husby, Connie 20864 60.00 Park and Recreation Refund 60.00 Hwang, Jane 21014 65.00 Park and Recreation Refund 65.00 Hydro Supply Co. 21015 4,208.59 12 Bronze scrap meters 15.00 M120 Chamber & Disc Assy compl 155.95 City of Plymouth Council Register 002.igr Date: 06/28/99 Time: 10:02 am 6/14/99 Through 6/25/99 Page: 15 Vendor Name Check# Check Amount Invoice Description Invoice Amount 12 1-1/2",2 1" meters 4,067.64 ISFSI 21016 60.00 99'Kline Membership 60.00 Ikon Office Solutions 20865 73.53 Apr99 min/Mar usg admin 73.53 Inacom Information Systems 20866 20,293.34 HP cart -black 35.11 Cr inv 1859282 defective inkjt 35.15 1 HP 1200C Inkjet Blk 38.05 Rpl inv 1828266/3 colored ink/ 96.26 10 Com Deskpro,10 64MB Sdram 20,274.79 Cr inv 1828266 115.72 Inacom Information Systems 21017 23,765.47 7 NEC 17"Monitors,Graphics Cnt 3,016.85 HP Power env feeder 265.22 5-11 Travel charge 90.00 5-19 Service/Monitor 40.00 10 Deskpro. 10 64MB Sdram 20,353.40 Interfaith Outreach&Comm.Ptnrs 21018 86.73 Youth Jam donation R910064 86.73 J & W Instruments Inc 21019 50.04 Blue/Red pens 50.04 J. H. Larson Electrical Co. 20867 317.26 198" Vaportite 54.32 2 250W HPS Multi -Tap Ballast 154.31 2 98"Vaportite 108.63 Jacobson, Julie 20868 5.13 Park and Recreation Refund 5.13 Jacques, Julie 20869 25.00 Park and Recreation Refund 25.00 City of Plymouth Council Register 002.igr Date: 06/28/99 Time: 10:02 am 6/14/99 Through 6/25/99 Page: 16 Vendor Name Check# Check Amount Invoice escription Invoice Amount Johnson, Krista 21020 33.40 Park and Recreation Refund 33.40 Johnson, Krista 21021 38.40 Park and Recreation Refund 38.40 Keener, Kimberlee 21023 38.00 Park and Recreation Refund 38.00 Knox Lumber Company 20872 392.35 18 2",4 1" Certifoam 392.35 Kristen Johnson 21025 36.00 Park and Recreation Refund 36.00 Lan Dar Inc 20873 30,392.00 5-28 7cuyd black dirt 59.64 Proj8021 #3 987rail Improve 30,332.36 Lan Dar Inc 21027 511.20 6-1 60cuyd black dirt 511.20 Landmark Concrete Inc. 20874 5,191.10 Proj7020 2257sf 4" concrete 5,191.10 Laser Images 20875 2,314.85 May99 UB Postage 2,314.85 Law Enforce Labor Serv./Union 21029 792.00 Payroll Generated Invoice 132.00 Payroll Generated Invoice 643.50 Payroll Generated Invoice 16.50 Lawn King, Inc. 21030 140.58 May99 Sod 140.58 Lawson Products Inc 21031 180.63 Var fittings,tubing 180.63 Lindahl, Kendra 20871 74.49 Office Max/Office Depot-Lrg 74.49 City of Plymouth Council Register 002.igr Date: 06/28/99 Page: 17 Time: 10:02 am 6/14/99 Through 6/25/99 Vendor Name Check# Check Amount Invoice Description Invoice Amount Lindman, Mary 20876 4.00 Park and Recreation Refund 4.00 Lindman, Mary 20877 37.00 Park and Recreation Refund 37.00 Loffler Business Syst/5707 Exc 20878 59.72 1 Staple Canon 6060 copy mach 59.72 Log is 20879 7,399.15 Apr99 GIS/PD Support 7,399.15 Long, David 20880 9.12 Park and Recreation Refund 9.12 Luken Architecture PA 20882 1,098.50 Proj8011 Shenandoah Twnhms Imp 1,098.50 Lundgren Bros. 21034 2,000.00 R39175 AFile 94016 dep refund 1,000.00 R40058 AFile 94058 Dep refund 1,000.00 Lynch, Nellie 20883 41.00 Park and Recreation Refund 41.00 M A U M A 20884 30.00 99'Ahrens Membership 30.00 MASWCD 20885 30.00 S Missaghi Wetland Consery tm 30.00 MN AFSCME Council #14 20886 210.41 Payroll Generated Invoice 24.42 Payroll Generated Invoice 61.05 Payroll Generated Invoice 12.21 Payroll Generated Invoice 12.21 Payroll Generated Invoice 100.52 MN AFSCME Council #14 21036 1,518.63 Payroll Generated Invoice 37.50 City of Plymouth Council Register 002.igr Date: 06/28/99 Time: 10:02 am 6/14/99 Through 6/25/99 Page: 18 Vendor Name Check# Check Amount Invoice Description Invoice Amount Payroll Generated Invoice 10.63 Payroll Generated Invoice 75.00 Payroll Generated Invoice 50.00 Payroll Generated Invoice 75.00 Payroll Generated Invoice 62.50 Payroll Generated Invoice 12.50 Payroll Generated Invoice 14.36 Payroll Generated Invoice 25.00 Payroll Generated Invoice 10.63 Payroll Generated Invoice 12.50 Payroll Generated Invoice 7.97 Payroll Generated Invoice 213.54 Payroll Generated Invoice 14.36 Payroll Generated Invoice 25.00 Payroll Generated Invoice 9.38 Payroll Generated Invoice 12.21 Payroll Generated Invoice 43.08 Payroll Generated Invoice 100.00 Payroll Generated Invoice 62.50 Payroll Generated Invoice 12.50 Payroll Generated Invoice 10.63 Payroll Generated Invoice 25.00 Payroll Generated Invoice 9.38 Payroll Generated Invoice 9.38 Payroll Generated Invoice 10.63 Payroll Generated Invoice 86.16 Payroll Generated Invoice 37.50 Payroll Generated Invoice 215.40 Payroll Generated Invoice 12.21 Payroll Generated Invoice 86.16 Payroll Generated Invoice 25.00 Payroll Generated Invoice 10.63 City of Plymouth Council Register 002.igr Date: 06/28/99 Time: 10:02 am 6/14/99 Through 6/25/99 Page: 19 Vendor Name Check# Check Amount Invoice Description Invoice Amount Payroll Generated Invoice 50.00 Payroll Generated Invoice 31.89 Payroll Generated Invoice 12.50 MN Child Support Payment Ctr 20887 63.50 Payroll Generated Invoice 38.09 P/R deduction #12T 63.50 Payroll Generated Invoice 38.09 MN Child Support Payment Ctr 21037 1,668.58 Payroll Generated Invoice 486.92 Payroll Generated Invoice 607.15 Payroll Generated Invoice 414.85 Payroll Generated Invoice 159.66 MN City/County Mgmt. Assoc 20888 38.50 99'Ahrens Membership 38.50 MN Dept of Revenue 20889 300.00 6 99/2000 Assessor lic rnwl 300.00 MN Environmental Fund 21038 20.04 Payroll Generated Invoice 4.00 Payroll Generated Invoice 0.58 Payroll Generated Invoice 2.66 Payroll Generated Invoice 2.00 Payroll Generated Invoice 1.30 Payroll Generated invoice 1.00 Payroll Generated Invoice 3.50 Payroll Generated Invoice 2.00 Payroll Generated Invoice 3.00 MN Park Supervisors Assn 21039 200.00 Heitke,Peterson/3rd gtr99 mtg 200.00 MN Prima 21040 20.00 99'Pemberton Membership 20.00 City of Plymouth Council Register 002.igr Date: 06/28/99 Time: 10:02 am 6/14/99 Through 6/25/99 Page: 20 Vendor Name Check# Check Amount Invoice Description Invoice Amount MN Sun Publications/Notices 20940 243.10 Ord 99-11 161.20 Ord 99-12 36.40 Ord 99-13 45.50 MN Tactical Officers/CK ADDRS 21041 1,600.00 10 ERU registr/Fort Ripley 1,600.00 MacQueen Equip. Inc 20890 197.97 2 -Filter air condit 197.97 Mackin, Tele 21042 25.00 Park and Recreation Refund 25.00 Malinski, Alyssa 20967 28.32 6-14/6-21 Cub,Rainbow,Viking 28.32 McDill, Sue 20892 41.00 Park and Recreation Refund 41.00 McKay Family Dodge 20893 19,053.00 99'Dodge Ram 2500 Unit 579 19,053.00 McLellan, Scott 20929 480.00 6-5/6-9 6hrs Bass Creek Pin Rv 240.00 6-12/6-15 6hrs No Point Cntr 240.00 Metro Athletic Supply 20894 170.29 2 12ft Soccer Nets 170.29 Metropolitan Council -Waste 21044 251,224.19 Jul99 Sewer Service 251,224.19 Midwest Asphalt Co. 20895 491.28 6-1/6-3 16.07tnFine6.0,41 AWE 386.78 6-2 4 Tack 104.50 Midwest Asphalt Co. 21045 552.94 6-7/6-9 22.94tn Fine6.0,41AWE 552.94 City of Plymouth Council Register 002.igr Date: 06/28/99 Time: 10:02 am 6/14/99 Through 6/25/99 Page: 21 Vendor Name Check# Check Amount Invoice Description Invoice Amount Midwest Coca-Cola 20896 230.47 IC Conc pop resupply 91.87 IC Conc pop resupply 138.60 Midwest Radiator, Inc. 20897 64.88 1 Battery 64.88 Minneapolis Comm Clg/Ck Addrs 20898 1,522.00 5-19&5-2154 lunches/Confronta 372.00 Webb,Signfrinius "Supervision" 1,150.00 Minneapolis Finance Dept. 21046 1,450.00 28200000018 4-21/5-19 Fire tm 1,450.00 Minnegasco /PO 86/SDS 10-0031 20899 5,666.30 4-15/5-25 Heat All Bldgs 5,666.30 Mobile Lock And Safe Co. 20900 74.55 10 Medco keys/fire 74.55 Mobile Lock And Safe Co. 21047 381.71 Lockeset/Gun Range 381.71 Moore, Claudia 20814 216.32 May99 Jazzercise Instr 216.32 Myers, Beth 20979 35.00 Park permits for Day Camp 35.00 N A H R O / Ck Address 21048 1,495.00 B Brown/Mpls Conf 7-2217-25 385.00 Goldsmith/Mpls Conf 7-22/7-25 340.00 R Stoen/Mpls Conf 7-2217-25 385.00 M Camicelli/Mpls Conf 7-22/25 385.00 Nankin, Elena 20901 4.00 Park and Recreation Refund 4.00 Nelson, Mark 20891 513.86 Emergency Medical Tech/tuition 513.86 City of Plymouth Council Register 002.igr Date: 06/28/99 Time: 10:02 am 6/14/99 Through 6/25/99 Page: 22 Vendor Name Check# Check Amount Invoice Description Invoice Amount Nitelites Lighting Co. 20902 335.00 Youth Jam equip rental 335.00 Northern Sanitary Supply 20903 65.76 IC gloves, liners, mtr gasket 65.76 Northern States Power/PO 9477 20904 79,913.80 May99 Water Towers 4-19/5-18 37.82 May99 Traffic Signals & Flashe 1,654.79 May99 Lift Stations 4/15-5/18 1,561.66 May99 Street lighting 4/18-5/1 33,643.19 Storm Wtr pump 4-30/6-1-99 19.97 Jun99 Wells & Treatment plants 30,936.55 Jun99 City Parks 1,417.73 Jun99 City Buildings 10,642.09 Northern States Power/PO 9477 21049 33,499.93 Jun99 Street Lighting 33,499.93 Northland Business Systems 20905 50.00 Norelco 398 repairs 50.00 Northland Sealing 21050 4,416.00 2/Final Crack repairs 4,416.00 Northstar Repro Products, Inc. 20906 135.62 4 -Ink jet color bond 135.62 Northworks 20907 382.00 M Anderson Hazmat Exam 382.00 O'Connell, Leslie 20908 41.00 Park and Recreation Refund 41.00 O'neil, Ann 20970 177.64 3831 Orchid Utility Refund 177.64 Omni Travel Agency/18344 Mtka 20909 267.69 Bye Las Vegas 9-26/10-1 R909755 267.69 City of Plymouth Council Register 002.igr Date: 06/28/99 Time: 10:02 am 6/14/99 Through 6/25/99 Page: 23 Vendor Name Check# Check Amount Invoice Description Invoice Amount Otis Elevator Co. 21051 $380.82 Apr-Jun99 CC Elevator Service 380.82 Owens Services Inc. 21052 $124.20 CC A/C unit 1/running properly 124.20 P E R A / Payroll 20910 $1,092.84 Payroll Generated Invoice 82.83 Payroll Generated Invoice 51.85 Payroll Generated Invoice 4.68 Payroll Generated Invoice 51.85 P/R deduction #12T 19.33 Payroll Generated Invoice 3.02 Payroll Generated Invoice 33.44 Payroll Generated Invoice 33.44 Payroll Generated Invoice 31.24 Payroll Generated Invoice 345.42 Payroll Generated Invoice 345.42 Payroll Generated Invoice 7.49 Payroll Generated Invoice 82.83 P E R A / Payroll 21056 $51,565.05 Payroll Generated Invoice 352.42 Payroll Generated Invoice 352.42 Payroll Generated Invoice 9.83 Payroll Generated Invoice 202.71 Payroll Generated Invoice 162.00 Payroll Generated Invoice 14.66 Payroll Generated Invoice 240.85 Payroll Generated Invoice 240.85 Payroll Generated Invoice 165.77 Payroll Generated Invoice 51.69 Payroll Generated Invoice 571.38 Payroll Generated Invoice 571.38 City of Plymouth Council Register 002.igr Date: 06/28/99 Time: 10:02 am 6/14/99 Through 6/25/99 Page: 24 Vendor Name Check# Check Amount Invoice Description Invoice Amount Payroll Generated Invoice 65.74 Payroll Generated Invoice 726.56 Payroll Generated Invoice 726.56 Payroll Generated Invoice 28.57 Payroll Generated Invoice 315.69 Payroll Generated Invoice 315.69 Payroll Generated Invoice 48.26 Payroll Generated Invoice 533.32 Payroll Generated Invoice 533.32 Payroll Generated Invoice 94.47 Payroll Generated Invoice 1,044.19 Payroll Generated Invoice 1,044.19 Payroll Generated Invoice 1,229.27 Payroll Generated Invoice 24.21 Payroll Generated Invoice 267.69 Payroll Generated Invoice 267.69 Payroll Generated Invoice 15.00 Payroll Generated Invoice 165.77 Payroll Generated Invoice 165.77 Payroll Generated Invoice 11.90 Payroll Generated Invoice 10,612.18 Payroll Generated Invoice 7,193.54 Payroll Generated Invoice 2,204.97 Payroll Generated Invoice 1,469.97 Payroll Generated Invoice 588.42 Payroll Generated Invoice 392.27 Payroll Generated Invoice 397.85 Payroll Generated Invoice 265.23 Payroll Generated Invoice 493.77 Payroll Generated Invoice 40.33 Payroll Generated Invoice 445.82 Payroll Generated Invoice 445.82 City of Plymouth Council Register 002.igr Date: 06/28/99 Time: 10:02 am 6/14/99 Through 6/25/99 Vendor Name Invoice Description Invoice Amount Payroll Generated Invoice 109.59 Payroll Generated Invoice 1,211.25 Payroll Generated Invoice 1,211.25 Payroll Generated Invoice 15.00 Payroll Generated Invoice 90.08 Payroll Generated Invoice 90.08 Payroll Generated Invoice 46.00 Payroll Generated Invoice 508.64 Payroll Generated Invoice 508.64 Payroll Generated Invoice 26.78 Payroll Generated Invoice 296.05 Payroll Generated Invoice 296.05 Payroll Generated Invoice 8.15 Payroll Generated Invoice 97.84 Payroll Generated Invoice 1,081.88 Payroll Generated Invoice 1,081.88 Payroll Generated Invoice 65.11 Payroll Generated Invoice 212.59 Payroll Generated Invoice 212.59 Payroll Generated Invoice 44.66 Payroll Generated Invoice 493.77 Payroll Generated Invoice 165.77 Payroll Generated Invoice 165.77 Payroll Generated Invoice 41.28 Payroll Generated Invoice 456.32 Payroll Generated Invoice 456.32 Payroll Generated Invoice 564.85 Payroll Generated Invoice 376.56 Payroll Generated Invoice 32.24 Payroll Generated Invoice 10.69 Payroll Generated Invoice 118.16 Payroll Generated Invoice 118.16 Page: 25 Check# Check Amount City of Plymouth Council Register 002.igr Date: 06/28/99 Time: 10:02 am Page: 26 6/14/99 Through 6/25/99 Vendor Name Check# Check Amount Invoice Description Invoice Amount Payroll Generated Invoice 51.45 Payroll Generated Invoice 568.74 Payroll Generated Invoice 568.74 Payroll Generated Invoice 111.18 Payroll Generated Invoice 1,229.27 Payroll Generated Invoice 131.54 Payroll Generated Invoice 131.54 Payroll Generated Invoice 35.89 Payroll Generated Invoice 396.67 Payroll Generated Invoice 396.67 Payroll Generated Invoice 8.74 Payroll Generated Invoice 96.59 Payroll Generated Invoice 96.59 Payroll Generated Invoice 14.58 Payroll Generated Invoice 161.12 Payroll Generated Invoice 161.12 Payroll Generated Invoice 53.92 Payroll Generated Invoice 595.95 Payroll Generated Invoice 595.95 Payroll Generated Invoice 15.00 Payroll Generated Invoice 165.77 Payroll Generated Invoice 21.79 Payroll Generated Invoice 162.00 Payroll Generated Invoice 18.34 Payroll Generated Invoice 202.71 Payroll Generated Invoice 108.66 Payroll Generated Invoice 108.66 Payroll Generated Invoice 31.88 POPP Telcom Inc. 20911 $217.94 Jun99 5/7-6/7 City Center Offi 217.94 PRISM 21057 $86.72 Youth Jam donation R910064 86.72 City of Plymouth Council Register 002.igr Date: 06/28/99 Time: 10:02 am Vendor Name Invoice escnption Pace Analytical Services Inc Total suspended solids,COD,pH Palen/Kimball Company IC propane backup syst install Panera Bread Plymouth 5-14/5-21 Bagel charges/Police Park Nicollet Clinic 4-1/5-20 Empl Phys/MRO Parkhurst, Cynthia Park and Recreation Refund Patton, Ed Park and Recreation Refund Patton, Ed Park and Recreation Refund Pemberton, Robert Target Polaroid film 6-5/6-11 San Diego meals,hotel Plymouth Automotive Inc. Forfeiture #125 tow Plymouth Colony Apartments Jun99 HAP Pope, Kathy 6-9/6-13 Kinko's,Kmart,Cub,PPR Portland Marriott H LaFave 3 nites/3CMA Conf Postmaster / Window D-12 July99 Newsletter Postage Postmaster/Plymouth Branch Jul-Dec99 PO Bx 47370 Rental City of Plymouth 6/14/99 Through 6/25/99 Invoice Amount 94.00 16,900.00 50.86 1,099.80 96.00 41.00 5.13 23.42 650.98 120.00 328.00 74.66 385.86 4,000.00 162.00 Page: 27 Check# Check Amount 21058 94.00 20912 16,900.00 21059 50.86 20913 1,099.80 20914 96.00 20915 41.00 20916 5.13 20926 674.40 20917 120.00 20918 328.00 20870 74.66 21060 385.86 20920 4,000.00 20919 162.00 Council Register 002.igr Date: 06/28/99 Time: 10:02 am 6/14199 Through 6/25/99 Page: 28 Vendor Name Check# Check Amount Invoke Description Invoice Amount Precision Graphics Inc. 21061 539.96 27250 Doorhangers/call back 539.96 Precision Pavement Marking Inc 20921 6,113.88 End 5-29 Pavement Marking 6,113.88 Precision Pavement Marking Inc 21062 2,610.52 End 6-5 Pavement marking 2,610.52 Printers Service Inc 20922 32.00 1 77 Ice Knife Sharp 16.00 1 77 Ice Knife Sharp 16.00 Purtell, Kathleen 20923 70.00 Park and Recreation Refund 70.00 RadioShack 20924 24.48 1 3/4.5/6V DC Adaptr 24.48 Rasmusson, Arnold 20791 156.00 S99 Tuition Reimb/Plan Rev Non 156.00 Renard, Thomas 20925 43.00 Park and Recreation Refund 43.00 Road Runner 21063 15.70 6-3 Deloitte Touche 15.70 Ross, Ann Marie 20927 8.20 Park and Recreation Refund 8.20 Rummel, Kristine 21026 35.00 Henn Park Patron Pass 35.00 S F G Technologies Inc. 21065 1,532.41 Trvl exp M Christie SFG train 1,532.41 S R Weidema Inc 21066 164,176.89 Proj9007 #8 Schmidt Lk Util 164,176.89 SRF Consulting Group, Inc. 21067 34,937.61 May99 Proj5002 File 0952228 332.40 City of Plymouth Council Register 002.igr Date: 06/28/99 Time: 10:02 am City of Plymouth Page: 29 Check# Check Amount 21068 21069 20928 21032 20930 20931 20932 21070 20933 20934 175.00 117.32 41.00 312.00 19.00 60.00 44.00 444.00 6,618.32 111.92 Council Register 002.igr 6/14/99 Through 6/25/99 Vendor Name Invoice Description Invoice Amount May99 Proj5012 File 0983138 1,625.00 May99 Proj9006 File 0983251 795.57 May99 Proj7006 File 0972647 120.00 May99 Proj8021 File 0983066 2,422.39 May99 Proj9011 File 0993421 4,500.00 May99 Comprehensive Plan Updt 24,445.46 May99 Proj4002 File 0982979 206.79 May99 Proj7007 File 0993432 490.00 Safety Train Inc 5-25 Right to Know Training 175.00 Sanco Cleaning supplies Button Proportioner,box rack, 117.32 Saucedo, Eva Park and Recreation Refund 41.00 Scofield, Leland S S99 Tuition/Bldg Code Stds,Non 312.00 Sellers, Maren Park and Recreation Refund 19.00 Sensible Land Use Coalition Senness,Goldsmith/"The New Met 60.00 Sheffield, Julie Park and Recreation Refund 44.00 Shenandoah Woods Jun99 HAP 444.00 Short -Elliott -Hendrickson Apr99 Proj503O 2,264.38 Apr99 Proj503O 4,353.94 Signs by Northland Rademacher, Newberger name inse 65.01 T Anderson name plate 46.91 City of Plymouth Page: 29 Check# Check Amount 21068 21069 20928 21032 20930 20931 20932 21070 20933 20934 175.00 117.32 41.00 312.00 19.00 60.00 44.00 444.00 6,618.32 111.92 Council Register 002.igr Date: 06/28/99 Time: 10:02 am 6/14/99 Through 6/25/99 Page: 30 Vendor Name Check# Check Amount Invoice Description Invoice Amount Signs by Northland 21071 105.48 Lauer, Busch,Ahrens,council chm 105.48 Simplex Time Recorder Co 20935 489.91 Hist Society Key Pad 489.91 Snap-On Tools 21072 70.68 Ratchet 70.68 St Croix Recreation Co. 20936 79.25 3 sided safety bar 79.25 St Croix Recreation Co. 21073 318.24 2 Center hole,1 playshell exit 318.24 St Louis Park HRA 20937 1,920.00 May99 Family Self-Suff 1,920.00 Standard Truck & Auto 21074 206.45 Spring pin,hanger spring,bronz 206.45 Steinkopf, Deborah 21075 139.00 Park and Recreation Refund 139.00 Stewart, Tami 20938 41.00 Park and Recreation Refund 41.00 Streicher's Prof.Police Equip. 20939 573.92 K Wilson Hat badge,unif badge 158.69 Sigfrinius Badge 81.47 Hunt,Baloun badges 162.95 Cr inv 1060072 overcharge on 39.00 2 xtr Investigator badges 204.48 Badge/41 &42 5.33 Streicher's Prof.Police Equip. 21076 10.60 Gun trigger lock 10.60 Svendsen, Amy 20788 20.25 3hrs Lifeguard training 20.25 City of Plymouth Council Register 002.igr Date: 06/28/99 Time: 10:02 am Vendor Name Invoice Description System Control Services, Inc. On site sery/relay,120VAC,3PDT TUSC 8 postersrrhe V$ Views for Ora Target/Daytons/PO Box 59228 19 Frames Prog 206 Taylor, Margaret Michaels/craft supplies Henn Park permit for Day Camp Terminal Supply Company Dplex wire,abrasive,Packard The HousingLink Donation Subsidized Residences The Underbeats 6-22 Concert Performance Trugreen Chemlawn Lifetime #1 Fertilize/Weed Parkers prk #1 Fertilize/Weed Nanteer park #1 fertilize/weed Bass Lk Prk #1 Fertilizer/Weed Trugreen Chemlawn E Beach #1 Fertilize/weed Hemlock Prk #1 fertilize/weed U S West Comm / PO Box 1301 Jun99 Digital trunks Jun99 W Medicine Ik office Jun99 Ridgemount Jun99 Lacompte Jun99 Plymouth Jr Hi Jun99 Private line Police -Sher 6/14/99 Through 6/25199 Invoice Amount 573.33 13.95 80.74 56.68 35.00 448.51 100.00 600.00 292.88 372.75 122.48 692.25 218.33 138.45 245.03 27.36 36.27 35.75 38.61 71.29 Page: 31 Check# Check Amount 21081 21077 573.33 21078 13.95 20941 80.74 21043 91.68 21079 448.51 21081 100.00 20943 600.00 20944 1,480.36 21082 $356.78 20945 $623.95 City of Plymouth Council Register 002.igr Date: 06/28/99 Time: 10:02 am 6/14/99 Through 6/25/99 Page: 32 Vendor Name Check# Check Amount Invoice escription Invoice Amount Jun99 Computer linefZachary Tr 74.92 Jun99 Pavilion 56.30 Jun99 Oakwood park 38.42 U S West Comm / PO Box 1301 21083 790.44 Jun99 Fire Station 1 161.26 Jun99 Fire 2 113.02 Jun99 Plym Creek pay phone 68.19 Jun99 Zachary Pay phone 68.19 Jun99 Bass Lk pay phone 60.46 Jun99 W Med outside pay phone 70.15 Jun99 Plymouth Creek 38.62 Jun99 Historical Society 56.35 Jun99 Fire Station 3 114.25 Jun99 Zachary 39.95 U S West Comm / PO Box 3400 21084 475.61 Jun99 Frame Relay Internet 475.61 UHL Co 20946 350.00 Y2K upgrade Siebe Enviromental 350.00 Uniforms Unlimited Inc. 20947 4.74 R Berg clutch 4.74 Unisys / Maint,lease 21085 709.90 Deinstall A14 system 709.90 United Way of Mpls 21086 193.20 Payroll Generated Invoice 10.00 Payroll Generated Invoice 6.00 Payroll Generated Invoice 9.67 Payroll Generated Invoice 1.00 Payroll Generated Invoice 6.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 6.73 Payroll Generated Invoice 2.30 City of Plymouth Council Register 002.igr Date: 06/28/99 Time: 10:02 am 6/14/99 Through 6/25/99 Page: 33 Vendor Name Check# Check Amount InvoiicDescription Invoice Amount Payroll Generated Invoice 2.00 Payroll Generated Invoice 17.00 Payroll Generated Invoice 20.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 5.00 Payroll Generated Invoice 7.00 Payroll Generated Invoice 19.50 Payroll Generated Invoice 8.00 Payroll Generated Invoice 10.00 Payroll Generated Invoice 6.00 Payroll Generated Invoice 2.00 Payroll Generated Invoice 24.00 Payroll Generated Invoice 10.00 Payroll Generated Invoice 8.00 Payroll Generated Invoice 11.00 Valley Rich Co Inc 20948 7,364.73 4-27 Co Rd 6 water main break 7,364.73 Valleyfair 21087 516.70 7-9 Day Camp trip 516.70 Vaispar Paint 20949 86.00 3"brush,9"covers 25.21 3gal straw solid stain 45.59 1gal Prem solid Stain wht base 15.20 Viking Exteriors 20950 28,798.35 Proj8011 Shenandoah Twnhms Imp 28,798.35 Viking Safety Products 20951 611.31 Arrow snap -on traffic signs 170.61 Ear plugs,hat,pro muffs,visor 232.48 Barrier tape,jacket,overalls, 208.22 Viking Safety Products 21088 257.53 4 jacket,4 bib overalls 257.53 City of Plymouth Council Register 002.igr Date: 06/28/99 Time: 10:02 am 6/14/99 Through 6/25/99 Page: 34 Vendor Name Check# Check Amount Invoice Description Invoice Amount Viking Trophy 20952 34.61 Customer trophy 34.61 W W Grainger Inc 20953 234.48 Gun Foam sealant,disp gun,caul 207.91 2 part foam kit, small 26.57 W W Grainger Inc 21089 519.31 2 Body Harness,3 6ft Web lanyr 191.65 Cr inv 797771 foam kit 26.57 1 18V drill Kit 302.67 Fuse Holder,fuse pks 11.18 4 Gun Foam Sealant 40.38 Walser Chevrolet 20954 26.49 2 Keys for unmarked squad car 26.49 Wang, Fuquan 20955 41.00 Park and Recreation Refund 41.00 Warning Lites of MN 21090 109.55 Flashers Peony Ln 109.55 Water Gear Inc 21091 271.91 Dive mask,snorkel 271.91 Westside Equipment Inc. 21092 2,938.12 Convert antifreeze bulk tank 2,343.00 5-25/5-26 Convert antifreeze 595.12 White, Christine 21093 10.00 Park and Recreation Refund 10.00 Wolf, Sue 20956 4.00 Park and Recreation Refund 4.00 Wolf, Sue 20957 37.00 Park and Recreation Refund 37.00 City of Plymouth Council Register 002.igr Date: 06/28/99 Time: 10:02 am Vendor Name Invoice Description Workers Compensation 3rd gtr99'/98'Adj workers Prem Workplace 2000, Inc. Task chair/corner/drawer/kit Tackboard/counter/clips/shlv r Yoo, Mi Won Park and Recreation Refund Zent, Earl 6-9 HAM lunch meeting Zep Manufacturing/PO BxCH10697 1 55gl Zep Big Orange sorb pads,Zep 45,sprayer,erase 6/14/99 Through 6/25/99 Invoice Amount 1,611.82 1,076.05 443.47 49.00 8.00 639.04 442.33 Page: 35 Check# Check Amount 21094 $1,611.82 20958 $1,519.52 21095 49.00 20834 8.00 20959 1,081.37 TOTAL AMOUNT $1,333,926.39 END OF REPOR City of Plymouth Council Register 002.igr Agenda Number: TO: Dwight D. Johnson, City Manager FROM: Kurt Hoffman, Deputy City Clerk, through Laurie Ahrens, Asst. Manager SUBJECT: TOBACCO LICENSE APPROVAL FOR THE LOBBY SHOP AND COLONY LIQUOR DATE: June 21, 1999, for City Council Meeting of July 6, 1999 C/o , Z-) - 151 1. ACTION REQUESTED: Adopt the attached resolution approving tobacco licenses for the Lobby Shop, 13001 County Road 10, Plymouth, 55442, and for Ken—EBS, Inc. d/b/a Colony Liquor Store, 15705 3th Avenue N. 2. BACKGROUND: The City has received an application for a tobacco license from Stephanie O. Simon, d/b/a the Lobby Shop at 13001 County Road 10, and from Keith Wharton of Ken—EBS, Inc., d/b/a Colony Liquor Store, 15705 35`b Avenue N. These are both changes of ownership. All proof of insurance have been provided and the pro—rated fees paid. 3. ALTERNATIVES: The Council could deny the license requests. 4. BUDGET IMPACT: License fees in the amount of $100 for each of the tobacco licenses have been received. 5. RECOMMENDATION: The attached resolution approving the license requests is recommended for adoption. CITY OF PLYMOUTH RESOLUTION NO. 99 - APPROVING 1999 TOBACCO LICENSE FOR THE LOBBY SHOP AND FOR COLONY LIQUOR STORE BE IT RESOLVED by the City Council of the City of Plymouth that a tobacco license is issued for the period July 7, 1999, through December 31, 1999, for the Lobby Shop, 13001 County Road 10, and for Colony Liquor Store, 15705 35 h Avenue N. Adopted by the Plymouth City Council on July 6, 1999. Agenda Number: 6, 6 41 TO: Dwight Johnson, City Manager FROM: Laurie Ahrens, Assistant City Managerlo'-1 SUBJECT: Establish Special Council Meetings for Budget Study DATE: June 28, 1999, for City Council meeting of July 6, 1999 1. ACTION REQUESTED: Make a motion to establish August 24 and September 1 at 7:00 p.m. as Special City Council meetings for study of the proposed 2000 Budgets. 2. BACKGROUND: The City Council must certify a preliminary tax levy for 2000 to Hennepin County no later than September 15. This preliminary levy is the maximum which the City can levy for 2000. The final levy is certified in December. 3. ALTERNATIVE: The Council could select alternative special meeting dates. 4. RECOMMENDATION: I recommend that the City Council establish August 24 and September 1 at 7:00 p.m. as Special City Council meetings for study of the proposed 2000 budgets. I 0 Agenda Number: lam° , ' TO: Dwight Johnson, City Manager 12 -- FROM: Eric Blank, Director of Parks and Recreation SUBJECT: APPROVE RENTAL FEES AND PRIORITY USE POLICY FOR THE PLYMOUTH CREEK CENTER FIELDHOUSE DATE: June 30, 1999, for Council Meeting of July 6 1. ACTION REQUESTED: The City Council should adopt the attached resolution setting fees and priority usage policies for the Plymouth Creek Center Fieldhouse 1999-2000 operating year. 2. BACKGROUND: Attached to this report is a survey prepared by Rick Busch on the six major indoor soccer facilities currently operating in the Twin City area. The fee ranges from a low of $90 in Woodbury to a high of $310 at Holy Angels in Richfield. The Park and Recreation Advisory Commission reviewed these fees and the attached priority use list at their June 17 meeting. Staff recommended that we set our fee at $210 per hour for primetime hours and $180 per hour for non -primetime hours. The preliminary operating budget for the center is being developed at this time. Based on these proposed rental rates, we believe the center will easily meet or exceed operating expenses. We anticipate miscellaneous revenue to be generated from vending operations, video arcade, daily walkers, special events, batting cage rental and golf lessons. The operating budget does include $64,000 to be set aside annually for the replacement of both the Astroplay surface and the bubble. The priority use policy is pretty similar to what we have at our other facilities throughout the city. Any programs sponsored by the City of Plymouth or any department within the city would receive first priority. All Plymouth youth groups, of any origin, would have second priority, all Plymouth adult groups, of any origin, would have third priority, and non -Plymouth groups would be fourth priority usage. At this time, we expect to open the facility at 8 a.m. on Saturday, October 30, 1999. We anticipate accepting formal requests for rental of times beginning August 1. Council approval of the fees and policies will allow us to meet the timeline necessary to open the facility. 3. BUDGET IMPACT: The fieldhouse facility will not impact the general fund of the City. It is anticipated that the revenue will offset and exceed all operating expenses at the fieldhouse. Excess revenue will be set aside in a trust fund for all repairs, maintenance and replacement of the fieldhouse and Astroturf products. 4. RECOMAONDATION: Staff concurs with the recommendation of the Park and Recreation Advisory Commission that the hourly rates for the fieldhouse be set at $210 per hour for primetime and $180 per hour for non -primetime. At this time, we anticipate that non -primetime hours will be after 10 p.m., and we are considering making hours before 3 p.m. on school days non -primetime. EB/np M CITY OF PLYMOUTH RESOLUTION 99 - SETTING FEES AND ADOPTING PRIORITY USE POLICIES FOR THE ACTIVITY CENTER FIELDHOUSE WHEREAS, the Park and Recreation Advisory Commission has reviewed the rental rates and priority use policies for the Plymouth Creek Center Fieldhouse, and WHEREAS, the Park and Recreation Advisory Commission has recommended fees of $210 and $180 for prime and non -primetime usage, and WHEREAS, the Director of Parks and Recreation concurs with this recommendation, NOW, THEREFORE, BE IT RESOLVED BY THE PLYMOUTH CITY COUNCIL that the fees for the fieldhouse are $210 per hour for primetime and $180 per hour for non -primetime, and further, that the priority use policy as presented and approved by the Park and Recreation Advisory Commission are hereby adopted. Adopted by the City Council on MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447 DATE: June 15, 1999 TO: Eric Blank FROM: Rick Busch SUBJECT: Survey of Fieldhouse Rental Rates N.P. = Non -prime hours Woodbury field is about 2/3 the size of the others, which are all about 50-70 yards wide and 90-120 yards long. (Our field will be 60 x 100 yards.) Full Field Half Field Holy Angels 310 155 Eden Prairie 280 140 Augsburg 260 130 Blaine 200 100 Stillwater 150 (90 N.P.) 80 ($50 N.P.) Woodbuxy* 90 ($70 N.P.) 70 N.P. = Non -prime hours Woodbury field is about 2/3 the size of the others, which are all about 50-70 yards wide and 90-120 yards long. (Our field will be 60 x 100 yards.) n Plymouth Fieldhouse User Priority List Class I: Plymouth Park & Recreation programs. Class II: Plymouth youth groups including athletic associations serving Plymouth residents Priority within this group will be determined by the number of Plymouth residents being served. At least 50% of the participants in the groups must be Plymouth residents.) Class III: Plymouth adult groups This includes Plymouth civic organizations, churches, and businesses. (At least 50% must be Plymouth residents or work full time for a Plymouth company.) Class IV: Non -Plymouth Groups We will begin accepting usage requests on August 1, 1999. PRAC Minutes/June 1999 Page 25 develops, residents may look forward to these kinds of facilities. Eagan is opening a water park, as well as Apple Valley. The outdoor pool at LifeTime is probably not large enough for a community the size of Plymouth. A city owned outdoor pool may become an issue, according to Director Blank. Sooner or later this community will ask for an outdoor pool. Barry asked if there were any other special facilities that should be added to this list. Commissioner Willegalle asked if paddleboats were ever considered. Commissioner Musliner asked about a large indoor play structure. Mary Bisek mentioned an art park. Commissioner Thompson asked how a multi -soccer complex would differ from what we have at Parkers Lake. Director Blank said that it differs in total number of fields. Commissioner Willegalle pointed out that there is a fishing pier at Parkers and also one at Bass Lake. Based on various types of needs analysis, several major issues should be considered high priority: southeast Plymouth, because it is currently underserved by park land and trails and the population is projected to increase; the northwest quadrant, which is open to future development; more soccer facilities; more school parks; and the following park service areas need attention: 1, 27, 46, 47, 48, 49 and 50. The next meeting will be July 8. A second meeting may be necessary in July in order to keep pace with the overall schedule. Commissioner Willegalle brought up the issue of a park tour. Director Blank said one hasn't been scheduled for this year, but if there's interest, it can be done. Councilmember Black asked about the open space chapter and wondered if PRAC reviews that also. Director Blank said yes. Barry said a draft comprehensive plan must be ready by sometime in August. 6. NEW BUSINESS a. Review proposed fieldhouse rental rates. Director Blank said the site is substantially graded. By Monday they will start pouring concrete on the site. Astroturf and Astroplay need six weeks to put the turf in place. Dome manufacturer needs about five days to erect the dome. We're hoping for around 15'h of October for dome to go up. Rick will start booking time beginning October 30d. We need to start marketing these facilities. Director Blank explained that we have a letter ready to go to the soccer associations including literature on Astroplay. Director Blank went over the proposed budget for the fieldhouse. He talked also about the survey results of other community's fieldhouse rates. Our competiton is Eden Prairie, Blaine and Holy Angels. We're recommending a fee of 210 per hour for primetime which would drop to $180 at night after 10 p.m. The majority of these renters will be Plymouth residents. We don't want to gouge them. COMMISSIONER THOMPSON MOVED TO ACCEPT STAFF'S RECOM- MENDATION OF $210 PER HOUR FOR PRIMETIME AND $180 AFTER 10 P.M. AND ALSO TO RECOMMEND APPROVAL OF THE PRIORITY USAGE LIST AS PRESENTED. CHAIR ANDERSON SECONDED. MOTION CARRIED WITH ALL AYES. Rick then talked briefly about the user priority list. The first priority will go to PRAC Minutes/June 1999 Page 26 programs sponsored by Plymouth Park and Recreation, second priority will be youth groups serving Plymouth residents, including athletic associations(at least 50% of the participants must be Plymouth residents); third priority will be Plymouth adult groups, i.e., civic organizations, churches, businesses (and they also must meet the 50% Plymouth resident rule); and fourth priority will be non -Plymouth groups. Commissioner Willegalle asked if the activity center will have a lights out by 10 p.m. policy like the other facilities in Plymouth. Director Blank doesn't anticipate having a lights out policy at the activity center. There will be a number of functions going on there, like wedding receptions, which can go past midnight. 7. COMMISSION PRESENTATION None. 8. STAFF COMMUNICATION Director Blank said that the Mayor added a millennium project for the City to the last study session. Director Blank suggested a garden project at the activity center. We are going to try to solicit community support for this garden. Businesses, community organizations, and individual residents will all be invited to participate. Director Blank pointed to a diagram and said the orange area will be wetland buffer plantings. The green area will be the formal gardens. Director Blank talked to the seniors about it, and they are excited about it, too. This will be a huge campaign. Matt Jenson, our summer intern, will help write up the campaign. The CIP has $75,000 in it for seed money. Another thought is the city will match dollar for dollar what a participant donates. The grand opening of the activity center will likely be in June 2000, which would coincide with the groundbreaking for the garden. Commissioner Willegalle said the City may be able to get a grant from the DNR if project has an environmental benefit. He has information on the grant program and will forward it to Matt. 9. ADJOURN The meeting adjourned at 9:25 p.m. Agenda Number: DATE: June 29, 1999 for the City Council Meeting of July 6, 1999 TO: Dwight D. Johnson, City Manager through Fred G Moore, P.E., Director of Public Works FROM: Daniel L. Faulkner, P.E. City Engineer SUBJECT: FINAL SPEED HUMP POLICY ACTION REQUESTED: Make a motion to adopt the attached resolution establishing a speed hump policy for the City of Plymouth. BACKGROUND: At the June 22, 1999 City Council meeting a report was prepared on speed humps and a draft policy was offered for City Council comment. Based on the comments received, a final policy has been prepared for speed hump use in the City of Plymouth. The revisions made to the draft policy based on input received are under PROCEDURES where a petition requirement is established from affected property owners whose property accesses the street on which the speed hump is proposed. The percentage has been changed from 50% to 75% and the statement "located between the two nearest traffic control devices or alternate street routes" was deleted. Under Point No. 3 of PROCEDURES the statement "within a maximum of 750 feet" was also deleted. This revision allows the City Engineer to more clearly define the residential area that uses the street in question on a normal daily basis and would be affected by the installation of speed humps. RECOMMENDATIONS AND CONCLUSIONS: It is recommended that the City Council adopt the attached resolution establishing a Speed Hump Policy for the City of Plymouth. Daniel L. Faulkner, P.E. attachments: Resolution Speed Hump Policy pw\Enginaering\GENERAL\IEMOS\DANF%1999\Final_SpdHumps 7 6.doc CITY OF PLYMOUTH RESOLUTION NO. 99 - ADOPTING A POLICY FOR THE CONSIDERATION OF INSTALLATION OF SPEED HUMPS WHEREAS, many individual citizens and neighborhood groups have significant concerns about the volume and speed of traffic on their local access streets; and WHEREAS, one proven technique for reducing speeds on local streets is with the installation of speed humps which are raised areas constructed on the street surface; and WHEREAS, a policy has been prepared to provide for procedures to allow individuals or groups to request installation of speed humps and establish criteria and procedures for the City to evaluate these requests. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the attached policy statement regarding the consideration and installation of speed humps on local access residential streets is hereby adopted. Adopted by the City Council on July 6, 1999. 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 P:\pw\Engincering\RESOL\ 199%AdoptPolicy_Spd_Humps.doc Resolution No. 99 - July 6, 1999 Policy for the Consideration and Installation of Speed Humps The City Council is granted the authority under State Statute to approve or deny all traffic control requests based on conformance with the Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD) and local ordinances and regulations which may be influenced by environmental, social, economic and/or financial implications within the city. 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 evaluating traffic control requests and minimize the installation of unnecessary signage and traffic control devices throughout the city and provide for safer and more livable neighborhoods, guidelines should be established. Consideration of speed hump installation will only be given after the "problem" situation has been addressed in accordance with the MnMUTCD and City policy/practice including the Stop Sign Policy and traffic law enforcement. Speed hump systems may be installed when the following guidelines are met: 1. The average traffic volume must be less than 1,500 vehicles and more than 200 vehicles in a 24 hour period (average daily traffic). 2. 50 percent of surveyed motorists must exceed 30 m.p.h. and/or 30 percent must exceed 35 m.p.h., or 50 percent of the streets' traffic must be cut -through traffic as determined by traffic counts and traffic forecasting techniques. 3. The roadway must be less than or equal to 36 feet in width. I:\pwlEnginecring\PORMS\Policies\SpeedHump Policy.doc Speed Hump Policy Page 2 4. The road must have no more than two traffic lanes. 5. The street must have a speed limit of no more than 30 m.p.h. 6. The street must be a local access residential street, including minor residential collector streets in a developed area. 7. The estimated diversion of local traffic to other adjacent local streets cannot be greater than 20 percent of the existing average daily traffic. 8. Areas of streets for installation of speed humps must have a grade of 5 percent or less. 9. Speed humps will not be installed on streets within areas where horizontal curves have less than a 300 foot centerline radius or in areas where a minimum stopping sight distance is less than 200 feet. 10. Speed humps should be installed at intervals of approximately 250 feet to 500 feet, although this can vary depending on existing conditions. 11. Traffic signs, pavement markings and other guidelines not specified above for speed hump design and installation shall be in accordance with the Institute of Transportation Engineers document "Guidelines for the Design and Application of Speed Humps" (1997). PROCEDURES: 1. All speed hump requests will be reviewed by the City Engineer but requests will only be considered and processed if supported by staff or by petition signed by over 75% of the property owners whose property accesses the street on which the speed humps are proposed. pwW.*neaia&ORMMliicie\SpeedHump_Policy.doc Speed Hump Policy Page 3 2. If a valid petition is received, the City Engineer will evaluate the proposed location in accordance with the above guidelines. 3. If a speed hump installation does appear feasible, a preliminary design for an installation will be prepared by the City Engineer. This preliminary design will then be mailed to all residents whose property abuts the proposed limits of the installation, as well as to other property owners use this street on a daily basis as determined by the City Engineer. 4. A date will then be established for City Council consideration of the speed hump installation request and all of the affected property owners as identified in point No. 3 will receive notice of the City Council meeting. I:\pw\Engincering\FORMS\Policies\SpcedHump_Pol icy.doc A -7 DATE: June 28, 1999, for the City Council Meeting of July 6, 1999 TO: Dwight D. Johnson, City Manager through FredG. Moore, P.E., Director of Public Works FROM: Daniel L. Faulkner, P.E. City Engineer SUBJECT: CERTIFICATE OF EXEMPTION, WETLAND CONSERVATION ACT. LEN BUSCH ROSES (99045); NE SW Section 18, T1 18N, R22W) ACTION REQUESTED: Make a motion to adopt the attached resolution authorizing the Mayor to sign the Minnesota Wetland Conservation Act (WCA) Certificate of Exemption form for the proposed Len Busch Roses greenhouse expansion. BACKGROUND: The applicant is requesting a wetland replacement exemption for the property located on NE SW Section 18 (Figure One). The subject site is located west of County Rd. 101, and east of Brockton Lane. The project involves grading and filling to prepare the reminder of the site for the construction of future greenhouses. The project will require approximately 25,000 yards of fill, and will include filling of about 19,000 sq. ft. portions of a 3.2 acre Medium Quality wetland basin. Because the proposed activity is on agricultural land, the wetland impact is exempted under the WCA exemptions 8420.0122 Sub. 1, D) -activities in a type 1 wetland on agricultural land. However, as required by WCA, the applicant must provide the city with a record of notice of the restriction on the property. RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council authorize the Mayor to sign the Certificate of Exemption form for the Len Busch Roses greenhouse expansion. Daniel L. Faulkner, P.E. attachments: Certificate of Exemption Resolution Figure One ply_nt\ntdisk I \pw\Enginaering\W ETIANDS\MEMOS\ I999\99045Exem.doc a 0 Len &mh Roses m y e = -. City of Plymouth MINNESOTA WETLAND CONSERVATION ACT CERTIFICATE OF NO LOSS OR EXEMPTION* APPLICANT AND PROJECT LOCATION INFORMATION Pat Bush LGU: City of Plymouth, 3400 Plymouth Blvd. Name(s) of Applicant Project Location: NE SW Section 18, TI 18N, R22W 4045 Highway 101 UTM Coordinates: X: Y: Street Address County Name/Number: Hennepin Plymouth Mn 55446 Major Watershed Name/Number: Elm Creek sub watershed City, State, Zip Code Size of entire wetland:3.2 acres Wetland type: Circular 39 2 ; NWI 612) 478-6077 (Fax: 612/ 6009) Check one: p <50% 50°/o-80% or > 80% Telephone - Check one: © Agricultural land; Non-ag. land PROPOSED PROJECT DESCRIPTION To complete grading and filling to prepare the reminder of the site for the construction of future greenhouses. the project will require approximately 25,000 yards of fill, and will include filling of about 19,000 sq. ft. portions of a wetland basin. Timetable: project will begin on _SU AMR OF 1999 and will be completed by Summer of 2001. The wetland activity at the above site qualifies for the following under the Wetland Conservation Act (WCA) (check one): No Loss Determination (attach plans) Exemption : (per MN Rule Chapter 8420.0122) (Note: Applicant is responsible for submitting the proof necessary to show qualification for the exemption claimed.) Description of Exemption Claimed: The proposed wetland impact is exempted under the WCA exemptions (8420.0122 Sub. 1, D) -activities in a type 1 wetland on agricultural land including a notice of the restriction on the property. APPLICANT SIGNATURE The information provided for this determination is truthful and accurate to the best of my knowledge. I ensure that, in draining or filling the subject wetland under an exemption noted above, appropriate erosion control measures will be taken to prevent sedimentation of the water, the drain or fill will not block fish passage, and the drain or fill will be conducted in compliance with all other applicable federal, state and local requirements, including best management practices and water resource protection requirements established under Minnesota Statutes, Chapter 103H. Signature of Applicant) (Date) Note: Any approval is not effective until signatures below are complete. No work should begin until the 15 -day appeal window has lapsed, or, in the event of an appeal, until the appeal has been finalized FOR LGU USE ONLY A.) LGU has received adequate documentation for claim of No -Loss or Exemption, and approves this certificate as outlined above. This certificate expires July of 2001 LGU Official Signature) (Date) 1211. Is certificate for an exemption under M.R. 8420.0122, Subpart 1 or Subpart 2, Item B? LGU sign below. If not, signature above is sufficient, and certificate is complete. LGU write "Not Applicable" in signature block below. B.) LGU has received evidence of recording of Declaration of Restrictions and Covenants for Impacted Wetland Under Agricultural Exemption (BWSR Form B): County where recorded) Date recorded) Document # assigned by recorder) LGU Official Signature) (Date) THIS CERTIFICATION ONLY APPLIES TO THE WCA. Permits from local, state, andfederal agencies may be required. Check with the appropriate authorities before commencing work in or near wetlands. The Combined Project Application form can be usedfor this purpose. a:exmpcert.for (November, 1998) CITY OF PLYMOUTH RESOLUTION NO. 99 - AUTHORIZING THE MAYOR TO SIGN THE CERTIFICATE OF EXEMPTION FROM THE WETLAND ACT LEN BUSCH ROSES (99045); (NE SW Section 18, T118N, R22W) WHEREAS, Len Busch Roses proposes to fill about 19,000 sq. ft. of a 3.2 acre Medium Quality, Type 1 wetland basin, and WHEREAS, the filling of this type of wetland is exempt from the Minnesota Wetland Conservation Act under activities in a type 1 wetland on agricultural land (8420.0122 Sub. 1, D). NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the Mayor is authorized to execute the Certificate of Exemption Form for LEN BUSCH ROSES, subject to the following condition as required by the Minnesota Wetland Conservation Act (8420.0115): Present and future owners of wetlands drained or filled without replacement under an exemption in part 8420.0122, subparts 1 and 2, item B, can make no use of the wetland area after it is drained or filled, other than as agricultural land, for ten years after the draining or filling, unless it is first replaced under the requirements of Minnesota Statutes, section 103G.222. Also, for ten years the wetland may not be restored for replacement credit. At the time of draining or filling, the landowner shall record a notice of these restrictions in the office of the county recorder for the county in which the project is located. At a minimum, the recorded document must contain the name or names of the landowners, a legal description of the property to which the restrictions apply, a statement of the restrictions, the date on which the ten-year period expires, the name of the local government which certified the exemption, if such occurred, the signatures of all owners, and an acknowledgment" Adopted by the City Council on July 6, 1999. 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 ply_nt\ntdiskl\pw\Engineering\WETLANDS\RESOL\ 1999\99045R. DOC Agenda Number: , C CITY- OF PLYMOUTH CITY COUNCIL:AGENDA REPORT TO: Dwight Johnson, City Manager John Rask Planner through Annerlburt, Community DevelopmentFROM: $ Director SUBJECT: Len Busch Roses. Interim use permit to allow the placement of 25,000 cubic yards of fill on the site of Len Busch Roses located north of Medina Road and east of Brockton Lane (99045) REVIEW DEADLINE: September 17, 1999 DATE: June 28, 1999 for the City Council Meeting of July 6, 1999 1. PROPOSED MOTION: Move the attached resolution approving an interim use permit to allow the placement of 25,000 cubic yards of fill on the site of Len Busch Roses located north of Medina Road and east of Brockton Lane, as recommended by the Planning Commission. Approval of an interim use permit requires a 4/7 vote of the City Council. 2. DESCRIPTION OF REQUEST: The applicant is requesting approval of an interim use permit to allow the placement of approximately 25,000 cubic yards of fill on the site of Len Busch Roses. The applicant would place the fill in the northern part of the site on the 40 -acre parcel located adjacent to Brockton Lane. This fill would create a level area for the construction of future greenhouse buildings. The proposed plan includes the placement of approximately 18,600 cubic yards in a wetland. The Wetland Conservation Act (WCA) permits agricultural properties (Len Busch Roses is considered an agricultural use by the Zoning Ordinance and Minnesota Statutes) to fill up to two acres of wetland without providing mitigation. The applicant is in the process of requesting a certificate of exemption for the proposed wetland impacts. On June 23, 1999, the Planning Commission voted unanimously to recommend approval of the requested application. Other than the applicant, there was no one present to speak on this item. Notice of the Planning Commission's meeting was mailed to all property owners within 500 feet. File 99045 Page 2 3. CONTEXT: A. Surrounding Land Uses The property to the north is guided LAR (Living Area - Rural), zoned FRD (Future Restricted Development), and consists of agricultural/open space uses except for a small residential neighborhood located on Urbandale Court, which is guided LA -1 and zoned RSF-1. The property to the west is located within the City of Medina. The property to the east is guided LA - 2 (Living Area - 2), zoned RSF-4, and developed with twinhomes. The area south of Len Busch Roses is guided LA -1 (Living Area - 1), zoned RSF-2, and developed with single family uses as part of the Bridlewood Farm Addition. B. Natural Characteristics of Site This property is located within the Elm Creek drainage area. The site contains no land within the Shoreland or Flood Plain Overlay District. The site includes several large wetland complexes. There are no woodland stands of significance on this site. There are some slopes in excess of 18 percent, which are located adjacent to the wetlands. C. Previous Actions Affecting Site On April 1, 1998, the applicant received approval to place approximately 13,000 cubic yards of fill on the subject property. This fill was placed on the property in order to prepare building sites for future greenhouse buildings. 4. OVERVIEW OF INTERIM USE PERMIT APPLICATION: A. Level of City Discretion in Decision -Making The City's discretion in approving or denying an interim use permit is limited to whether or not the proposed project meets the standards outlined in the Zoning Ordinance. However, this level of discretion is affected by the fact that some of these standards are open to interpretation. B. Interim Use Permit The applicant is requesting approval of an interim use permit to allow the placement of approximately 25,000 cubic yards of fill on the site, which includes the placement of approximately 18,600 cubic yards in a wetland. The Wetland Conservation Act (WCA) permits agricultural properties to fill up to two acres of wetland without providing mitigation. The applicant is in the process of requesting a certificate of exemption for the proposed wetland impacts. The applicant proposes to place the fill on the 40 -acre parcel located adjacent to Brockton Lane. The applicant would use the fill material to create a level area for the construction of future File 99045 Page 3 greenhouse buildings. Because the greenhouse buildings would be for agricultural use, the State Building Code does not require the applicant to obtain a building permit. Section 21185.01, Subd. 1 of the Zoning Ordinance requires an interim use permit for excavating more than 250 cubic yards of material. Both Section 21185 and Section 21020 include standards that must be met before the City can issue an interim use permit. Specifically, interim uses must comply with the following: 1) Conditions for excavating/grading. 2) The standards of a conditional use permit (refer to attachments). 3) The applicable general performance standards for conditional use permits. 4) The use is allowed as an interim use in the respective zoning district. 5) The date or event that will terminate the use can be identified with certainty. 6) The use will not impose additional costs on the public. 7) The user agrees to any conditions that the City Council deems appropriate for permission of the use. 1) Conditions for Excavating/Grading Staff finds that the request meets the conditions for excavating/grading as follows: Fencing The grading plan shows silt fence around the perimeter of the proposed fill area. Section 425.01 of the City Code states that the City Engineer must approve the erosion control plan prior to the issuance of a grading permit. Maximum Slopes Section 425.01, Subd. 2 of the City Code requires that any areas where the finished slope is steeper than five to one be noted on the grading plan and erosion control devices clearly marked. The proposed grading plan indicates areas of 3:1 slopes that would be affected by this requirement. The applicant is proposing to erect erosion control fencing along the toe of the 3:1 slope. Properly Level the Excavation The grading plan shows finished grades that are no steeper than 3:1. In addition, the approving resolution requires the applicant upon final grading to reestablish ground cover consistent with City standards. Maintain Grading Limits The grading permit would limit excavation to the area within the silt fence. File 99045 Page 4 Use of Specified Streets Transfer of the material to the site would occur primarily from Medina Road. Hauling on Brockton Lane would be prohibited unless the applicant receives the necessary approvals from both the City of Medina and the City of Plymouth. Additionally, if the applicant wishes to haul on Brockton Lane, the City of Plymouth would require a financial guarantee to cover the cost of regrading the road once the hauling is complete. The attached resolution prohibits hauling on Brockton Lane unless the above conditions are met. Site Restoration The approving resolution requires the applicant to reclaim all disturbed areas of the site with a mixture of grasses natural to the State of Minnesota. The City also requires a financial guarantee to ensure if the applicant does not complete site restoration, the City has sufficient funds to complete it. Hours of Operation The hours of operation would be 7 a.m. to 7 p.m., Monday through Saturday. 2) Conditional Use Permit Standards Staff finds that the request meets the conditional use permit standards as follows: Comprehensive Plan: The interim use permit would promote orderly development within the community by allowing the applicant to prepare the site for future agricultural use of the property consistent with the current guiding and zoning of the property. Public Welfare: The interim use permit for the placement of fill on the site would not be detrimental to or endanger the public health or safety if the recommended conditions are attached to the interim use permit. Impact of Surrounding Property: The proposed fill area would be approximately 100 feet from the nearest property line. The property immediately to the north of the proposed fill area is wetland. The proposed fill site would be over 700 feet from the homes on Urbandale Court, and over 1,500 feet from the homes south of Medina Road. Therefore, the placement of fill on this site should not substantially impair or diminish the use and enjoyment of surrounding properties. Orderly Development: The proposed fill site is over 700 feet from the nearest residential home. Further, the agricultural use of the property is consistent with the LAR (Living Area — Rural) guiding of the property and the FRD zoning. Public Facilities: No public facilities would be required for this interim use. District Regulations: Land excavation is listed as an interim use in the FRD zoning district. File 99045 Page 5 Performance Standards: These are discussed below. 3) General Performance Standards Staff finds that the request meets the applicable general performance standards as follows: Potential exterior noise generated by the use shall be identified and mitigation measures as may be necessary shall be imposed to insure compliance with State noise standards and the City Code. The use would be subject to the City's noise regulations, which require compliance with State noise standards. The site drainage system shall be subject to the review and approval of the City. The applicant would be required to meet all the conditions outlined in the Engineer's Memo prior to receiving a grading permit. The hours of operation may be restricted when there is potential negative impact upon a residential use of district. Section 21185.05, Subd. 2.(b) of the Zoning Ordinance limits land excavation/grading activities to 7 a.m. to 7 p.m. Monday through Saturday. This permit would be subject to that requirement. 4) Interim Uses in FRD Zoning District Stafffinds that Section 21350.09, Subd. 2 of the Zoning Ordinance lists land excavation/grading operations as an interim use in the FRD zoning district. 5) Termination of Use The applicant expects that the majority of the grading would be completed within a two-year period, depending on the availability offill. The attached resolution establishes a termination day of September 30, 2001. 6) Public Costs There are no public costs associated with this interim use. 7) Special Conditions Special conditions are included in the attached resolution. File 99045 Page 6 5. STAFF FINDINGS Staff finds that the applicant has met the conditions outlined in Sections 21020 and 21185 of the Zoning Ordinance for excavating/grading as an interim use. However, since this conclusion is based on standards that are open to some interpretation, the City Council could reasonably reach another conclusion on this portion of the application. 6. RECOMMENDATION: Staff recommends approval of the interim use permit to allow the placement of approximately 25,000 cubic yards of fill on the site of Len Busch Roses, subject to the conditions in the attached resolution. ATTACHMENTS: 1. Resolution Approving Interim Use Permit 2. Engineer's Memorandum 3. Applicant's Narrative 4. Conditional/Interim Use Permit Standards 5. Section 21185.05, Subd.I (Outlines Conditions for Landfill Operations) 6. Location Map 7. Site Graphics CITY OF PLYMOUTH RESOLUTION 99 - APPROVING INTERIM USE PERMIT FOR LEN BUSCH ROSES FOR PROPERTY LOCATED NORTH OF MEDINA ROAD, EAST OF BROCKTON LANE, AND WEST OF CO. RD. 101 (99045) WHEREAS, Len Busch Roses has requested an interim use permit for property located north of Medina Road, east of Brockton Lane, and west of Co. Rd. 101, legally described as follows: The Southwest Corner of the Northwest Corner Section 18, Township 118, Range 22. WHEREAS, this interim use permit for land filling would allow the deposit of approximately 25,000 cubic yards of fill on the site; and WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Len Busch Roses for an interim use permit to deposit approximately 25,000 cubic yards of fill on property located north of Medina Road, east of Brockton Lane, and west of Co. Rd. 101, subject to the following conditions: 1. This interim use permit is to permit the deposit of approximately 25,000 cubic yards of fill on the site, in accordance with the application received by the City on May 20, 1999. 2. The applicant shall obtain a grading permit prior to the placement of fill on the property. 3. The fill and reclamation of the site shall be completed by September 30, 2001. 4. The hours of operation shall be limited to between 7:00 a.m. to 7:00 p.m. Mondays through Saturdays. Resolution 99- 99045) Page 2 of 2 5. The applicant shall schedule an on-site inspection to review erosion control measures prior to commencement of the filling operation. 6. The placement of fill on the site shall comply with all applicable City Codes regarding erosion control. 7. All disturbed and reclaimed areas shall be seeded with a mixture of grasses natural to the State of Minnesota. 8. There shall be no hauling on Medina Road when the weight restrictions are in place. 9. Hauling on Brockton Lane shall be prohibited unless the applicant receives the necessary approvals from both the City of Medina and the City of Plymouth. Prior to using Brockton Lane as a haul route, the City of Plymouth would require a financial guarantee to cover the cost of maintaining the road during hauling and to regrade the road once the hauling is complete. 10. Prior to issuance of the grading permit, the applicant shall obtain.a certificate of exemption for the wetland fill. 11. Prior to hauling fill material on the site, the applicant shall install a crushed rock entrance on the driveway intersection with Medina Road. 12. As part of the grading permit application, the applicant shall submit a street cleaning contract and all roads shall be cleaned as necessary to remove dirt and dust. Depending on weather conditions, street cleaning may be required several times a day. 13. Compliance with the City Engineer's Memo. 14. The permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. Adopted by the City Council this 6th day of July, 1999. 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 July 6, 1999 with the original thereof on file in my office, and the same is a correct transcription thereof. N• Resolution 99- 99045) Page 3 of 2 WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk 0 DATE: June 16, 1999 TO:hn Rask, Planner Y 0 FROM: Daniel L. Faulkner, City Engineer SUBJECT: IUP FOR LEN BUSH ROSES GRADING AND EROSION CONTROL PLAN (99045) A certificate of exemption, for agriculture property, is required for filling the wetlands. If Brockton Lane is used as a haul road, a hauling plan and a financial guarantee will be required for the maintenance and repair of the road during and after work is completed. The amount of the financial guarantee will be calculated at $1.25 per foot of Brockton Lane used. This amount would provide for 1" of new class 5. The necessary equipment for maintaining Brockton Lane must be on site at all times if it is used as a haul road. The applicant must receive approval from the City of Medina to use Brockton Lane as a haulroad. attachment cc: Fred G. Moore PLY NT\NWiskl\pw\Enginxring\DEVLMNTS\1999\99045\DocmtsUGHNRASK.dx D DATE: June 16, 1999 TO: John Rask FROM: Shane Missaghi SUBJECT: Len Busch Roses (99045); Wetland Review Wetland Delineation. The Len Busch Roses site located in the NE SW Section 18, was delineated for all on-site wetlands on April 16, 1998, with a delineation report submitted to the City on October 8, 1998. Site visits were conducted both in 1997 and 1998, with Hennepin Conservation District staff and Mr. John Anderson (applicant's wetland specialist) of EnviroData, Inc, to confirm that the site's wetland delineation were acceptable and in compliance with the Minnesota Wetland Conservation Act. Wetland Impact. The proposed wetland impact is exempted under the WCA exemptions (8420.0122 Sub. 1, D) -activities in a type 1 wetland on agricultural land. However, as required by WCA, the applicant must provide us with a record of notice of the restriction on the property. The WCA 8420.0115) requires that: Present and future owners of wetlands drained or filled without replacement under an exemption in part 8420.0122, subparts 1 and 2, item B, can make no use of the wetland area after it is drained or filled, other than as agricultural land, for ten years after the draining or filling, unless it is first replaced under the requirements of Minnesota Statutes, section 103G.222. Also, for ten years the wetland may not be restored for replacement credit. At the time of draining or_filling, the landowner shall record a notice of these restrictions in the office of the county recorder for the county in which the project is located. At a minimum, the recorded document must contain the name or names of the landowners, a legal description of the property to which the restrictions apply, a statement of the restrictions, the date on which the ten-year period expires, the name of the local government which certified the exemption, if such occurred, the signatures of all owners, and an acknowledgment" Wetland Replacement Application (WRPA) Plan. Since the proposed wetland impacts are exempted no WRPA will be required. Wetland Application Fee, $ 75.00. We will need a paid receipt for the City of Plymouth Wetland Application. Wetland Buffer & Monuments . Not required Erosion Control & Best Management Practices (This is Required by WCA). All remaining wetland basins and buffer areas must be protected by BMP's. The location and the sequence of all proposed erosion control measures, silt fence installations, and BMP's must be shown on the grading plan. Please call me at 509-5527, if you have any questions cc: Bob DATEMM99D45DRC.doc 9C(0415 dedicated people providing world class flowers and service - May 19, 1999 C", C'00 3 Dear Staff, Please grant us an interim use permit so that we may complete the grading and filling required to prepare the reminder of our site for the construction of future greenhouses. The project will require approximately 25000 yards of fill. It will include the filling of 18,000 square feet of wetland is within the 2 acre agricultural exemption for filling wetland. The fill is intended to be provided by local developers and will access the site from medina road, which is 1500 feet from the actual fill site. We would intend to complete the project within two years based on the availability of clean fill. Sincerely, ` Patrick Busch 4045 Highway 101, Plymouth, MN 55446 612) 478-6077 • (800) 659 -ROSE • Fax (612) 478-6009 1:0 ZONING ORDINANCE CONDITIONAL USE PERMIT STANDARDS 21015.02 PROCEDURE: Pursuant to Minnesota Statutes 15.99, an application for a conditional use permit shall be approved or denied within sixty(60) days from the date of its official and complete submission unless extended pursuant to Statute or a time waiver is granted by the applicant. If applicable, processing of the application through required state or federal agencies shall extend the review and decision-making period an additional sixty 60) days unless this limitation is waived by the applicant. Subd.5. The Planning Commission shall consider possible adverse effects of the proposed conditional use. Its judgment shall be based upon (but not limited to) the following factors: 1. Compliance with and effect upon the Comprehensive Plan, including public facilities and capital improvement plans. 2. The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort. 3. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 4. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 5. Adequate public facilities and services are available or can be reasonably provided to accommodate the use which is proposed. 6. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 7. The conditional use complies with the general and specific performance standards as specified by this Section and this Chapter. forms/cupsta) Section 21015 -Plymouth Zoning Ordinance' 3 PLYMOUTH ZONING ORDINANCE 21185.03. TECHNICAL REPORTS: The Zoning Administrator shall immediately, upon receipt of a completed application, as determined by preliminary staff review, forward a copy thereof to the City Engineer and the City Building Official. Where protected watersheds, floodplains, and/or protected wetlands are in question, the Minnesota Department of Natural Resources and Army Corps of Engineers shall also be contacted. These technical advisors shall be requested to prepare reports, as applicable, for the City Council and/or Zoning Administrator. 21185.04. ISSUANCE OF PERMIT: Upon receiving information and reports from the City staff and other applicable agencies, as applicable, the City Council or the Zoning Administrator shall make its determination as to whether, and when, and under what conditions such permit for a landfill or excavation/grading activity is to be issued to the applicant. 21185.05. CONDITIONS OF PERMIT: Subd.1. Landfill Operations. a) Under no circumstances shall any landfill operation be conducted or -permitted if the contents of the landfill or any part thereof shall consist of garbage, animal or vegetable refuse, poisons, contaminants, chemicals, decayed material, filth, sewage or similar septic or biologically dangerous material deemed to be unsuitable by the City. b) Unless expressly extended by permit, the hours of operation shall be limited to 7:00 AM to 7:00 PM, Monday through Saturday. Subd. 2. Land Excavation/Grading Operations. a) The City, as a prerequisite to the granting of a permit, or after a permit has been granted, may require the applicant to whom such permit is issued, or the owner or user of the property on which the excavation/grading is located to: 1) Properly fence the excavation. 2) Slope the banks, and otherwise properly guard to keep the excavation in such condition as not to be dangerous from caving or sliding banks. 3) Properly drain, fill in or level the excavation, after it has been created, so as to make the same safe and healthful as the City shall determine. 4) Keep the excavation/grading within the limits for which the particular permit is granted. 21185-3 4- PLYMOUTH ZONING ORDINANCE 5) Remove excavated/graded material from the excavation, away from the premises upon and along such highways, streets or other public ways as the City shall order and direct. 6) Retain and store top soil from the site in question and to utilize such materials in the restoration of the site. b) Unless expressly extended by permit, the hours of operation shall be limited to 7:00 AM to 7:00 PM, Monday through Saturday. 21185.06. SECURITY: The City shall require either the applicant or the owner or user of the property on which the landfill or excavation/grading is occurring to post a security in such form and sum as determined by the Zoning Administrator. The amount of the security shall be sufficient to cover the City's extraordinary cost and expense of repairing, from time to time, any highways, streets or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel in transporting fill or excavated material. The amount of the security shall also be sufficient to insure compliance with all requirements of this section, and the particular permit, and to pay the expense the City may incur as a result of the permit. 21185.07. FAILURE TO COMPLY: The City may, for failure of any person to comply with any requirement made of them in writing under the provisions of such permit, as promptly as same can reasonably be done, proceed to cause said requirement to be complied with, and the cost of such work shall be certified as an assessment against the property whereon the landfill or excavation/grading operation is located, or the City may at its option proceed to collect such costs by an action against the person to whom such permit has been issued, and their superiors if a bond exists. In the event that landfilling or excavation/grading operations requiring a permit are commenced prior to City review and approval, the City may require work stopped and all necessary applications filed and processed. In such cases, application fees shall be double the normal charge. 21185.08. COMPLETION OF OPERATION: Subd. 1. All landfill and excavation/grading operations shall be completed within one hundred eighty (180) days of the issuance of the permit. Upon completion, the permit holder shall notify the Zoning Administrator in writing of the date of completion. If additional time beyond the one hundred eighty (180) days is needed for completion, the permit holder may apply to the Zoning Administrator and upon a satisfactory showing of need, the Zoning Administrator may grant an extension of time. If such extension is granted, it shall be for a definite period. Extensions shall not be granted in cases where the permit holder fails to show that good faith efforts were made to complete the landfill or excavation/grading operation within one hundred eighty (180) days and that failure to complete the operation was due to circumstances beyond the permit holder's control, such as shortage of fill or excavated 21185-4 J Aft r. A i ELFT *-3.0gIl 1 4 7 •••. i A Agenda Number: 6 . el f DATE: June 30, 1999 for the City Council Meeting of July 6, 1999 TO: Dwight D. Johnson, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: ENCROACHMENT AGREEMENT LOT 11, BLOCK 1, EAGLEWOOD ADDITION 11600-43 RD AVENUE ACTION REQUESTED: Make a motion to adopt the attached resolution authorizing the Mayor and City Manager to sign the Encroachment Agreement in order that an above ground swimming pool can be constructed at 11600 - 43' Avenue which will partially encroach into the City's ponding easement. BACKGROUND: Jeff and Wyayn Rasmussen, the owners of the property at 11600 - 43' Avenue, applied for a building permit to construct an above ground swimming pool behind their home. Attached is a map showing the location of this property. A portion of the swimming pool was proposed to encroach in the City's drainage and utility easement for ponding purposes which is over the rear portion of the property. During very large rainfall events which happen very infrequently, the easement area could be covered with a few inches of water. The purpose of the easement is not to convey the water or provide storage. For this reason, after reviewing the plans for the proposed swimming pool, it will not conflict with the purpose for the easement. Attached is a proposed Encroachment Agreement which has been prepared by the City Attorney's office. As with other Encroachment Agreements approved by the City Council, there is a provision that if for some unknown reason the City needs the easement area, the property owner would have to remove the encroachment. This document is recorded as a record against the property. RECOMMENDATIONS AND CONCLUSIONS: Since we cannot see a conflict at this time between the proposed above ground swimming pool and the City's purpose of the easement, it is our recommendation that the City Council approve the Encroachment Agreement and authorize the Mayor and City Manager to sign the agreement on behalf of the City. Fred G. Moore, P.E. Director of Public Works attachments: Resolution Encroachment Agreement 1:\pw\Engineering\SIGNS\PARKING\MEMOS\EncroachmentAgmt 43rd.doc CITY OF PLYMOUTH RESOLUTION NO. 99 - ENCROACHMENT AGREEMENT LOT 11, BLOCK 1 EAGLEWOOD ADDITION WHEREAS, the property owner of Lot 11, Block 1, Eaglewood Addition (11600 - 43`d Avenue) has requested to construct an above ground swimming pool which would encroach partially within the City's drainage and utility easement for ponding purposes; and WHEREAS, it has been determined that the encroachment will not conflict with the City's intended use of the easement. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the Encroachment Agreement is approved and the Mayor and City Manager are authorized to sign the agreement on behalf of the City. Adopted by the City Council on July 6, 1999. 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 LApw\Engineering\RES0U1999\EncroachmAgmt 43rd_res.doc 1346 (14) a, Q' ( 26) j9''S qz ( 35) i3 ( . 1 9e (33) 150 z 7I ° Yr'' 12393 gyp' $ ,° g 330R+a7.09 +° 5 'off 10 21 .g S 9099 g 5 g 20) ' ( 25) (36) 51.12 r a ,y i1 $ (46) 4 100 '88944'/3w Z g 1 $ R 59 R 4 a eeptt !p $ 137 90.29 150 g (16) ---- (19) ; s8 )43,3 9 22 R`8 zs s g 6 g w z7 r5 -=--, yam „' (21) , (24) (37) R $ •'() (47) 2 $ ( 18) Q (22) "x (23)' ai ( 38) a (39) a (40)" s s -r s 11) g s : () 30 164 184 179.18 91.25 146.75 150 - 8 58 19357 112 98.97 97.88 98.38 89.7 89 89 89 100 i 2' R OLA 77 RS8951'27'E a 4 N89 177 ^ .1 a 150 39I 5 6 `' 7'4 8 ig 9 Ili + 5 (62) N 3 w 2 1 $ 8I 1 24) m 92 = (63) c61)^ V (60) (59) 3)I a 3. (25) (26) (27) (28) $ 14.43 75.123) ? '" 79 98 .04 96.>65 98.35 25 ' r 68951'48'E 3.31 se929t R 77.63. .. () 88,q p .iii R 3756 x•91 Y R 52 26 ' 82 79 89.29 125.96 1 12 78 47 125 150 + 8 101.73 25!25 a 6 14 > 3 9 0 iR 4 . 17 °8 m 13 N : a (52) ° q 22) , - - F (76) 133.89 5 g (433 (32) ,455) 14 130130 ( 51) 4 153.. 01 J! 130.48 (31) 127.66 2 C7' ( 50) W NI 178.s7c2 1) $ $ 1' g 5 g o 21 5) SI 132 81 89.3 130 $I 3 222.11 i1as.67 z 8 (33) w ' 150 e W 130 i 1( 30) n 11 (54) 101.18 34.33 6 $ 15 ig (74) 221.96 O 140.980 r -- - 1 S (34) $ (43) ' 130.39 148.83 v 7 r 9 `' z 29) 146 150.58 m 10 n o (55) Q OL B 14 (73)145 V 11 12 a (78) 52 ISd 13 lr ° m 35 Xi ( 42) 130 (57) (68) N 1 (1s) ^ Q c) , 9 10 Location82 ' 148 W (36) ', , 13 (72) C _ (56) 28.5 r 130 89.98 14 a (41)Q 25.03 3Z s 94.03 140.3 R -WN - N w17) °° X43.41 8 8 151.25 w 6 $ \ .` _ _ S8951'48'E 137.78 a $, p .? ` (71) x' 43RD AVE 2ii.63 N 9 .' 23.08 37 ' b ; ' 166. 85 88 57.29 261.8 I 71 y( ) r'' m ., 12 X143 51.22 , 74 40) 7 6 5 fi7 3 X F a (64) 8ss) 2 10 Lcl (39) N (70) (69) (68) (65) I I ( 38) 115.11 116.07 85.01 88.04 85.13 8229 /10'05 10 15) i Q 141.12 61 581.7 R792 9 I (14) ' 'm m 193.02 I 4S' R535.8 9 gra I 168 ,0000 44 (4) I R•308722 199.5 a 457.7 220.53 - - - 3893 $ I ... N8951'27'W ' 107.87 92.5 I ` b .. R,34155 a 674 6074 .6 OLA ai' c il' 3396 9"a* x $ 35 (18) v A (9) 615 (8) all 7)+ a 5 I y0 g ' fog X a rr 4- a r N City of Plymouth, Minnesota 04/30/99 09:59 FAX_051 452 5550 C.A.MPBELL KNUTSON - PLUOUTE ENG 121002/004 ENCROACHMENT AGREEMENT AGREENJEW made this day of , 1999, by and between the CITY OF pL-I ,r-AOTTTR, a Minnesota municipal corporation ("City"), and GEFREY F. RASMUSSEN and WYAYN R. RASMUSSEN, husband and wife ("Owner"). 1. BACKGROUND. Owner is the fee owner of certain property in the City of Plymouth, County of Hennepin, State of Minnesota, and legally described as Lot 11, Block L EAcIZwOOD ADOMON, with a street address of 11600 - 43rd Avenue North, Plymouth, Minnesota (hereinafter subject property"). The City owns a drainage and utility easement for ponding purposes over part of the subject property. Owner wants to construct an above ground swimming pool on the subject property which would encroach on the City's easement. 2. ENCROACRMMT AUTHORIZATION. The City hereby approves te encroachment on its easement for the construction of an above ground swimming pool, subject to the terms of this Agreement. 3, HOLD HARMLF-SS AND wDEMN . In consideration of being allowed to encroach on the City's easement, Owner, for themselves, their heirs and assigns, hereby agree to indemnify and hold t1le City harmless from any damage caused to the subject property, including the swimming pool on the subject property, caused in whole or in part by the encroachment onto the City's easement. 73798 06/30/99 08:59 FAX 651 452 5550 CAMPBELL KN TTSON PLYROV11i ENG LCU03i004 4. TERmniATION OF AGREEMENT. If the City wants to use its easement in a manner that conflicts with the position of the swimming pool, the City may, at its sole discretion, terminate this Agreement at any time by giving the Owner of the subject property thirty (30) days advance written notice. The property owner shall remove the swimming pool encroaching in the easement area prior to the effective date of the termination of this Agreement. If the owner fails to do so the City may remove the swimming pool. If the swimming pool is dair aged or destroyed, it may not be rebuilt in the City's easement without prior approval by the City. S. RE, CORDING. This Agreement shall be recorded against the title to the subject property. CITY OF PLYMOUTH BY: SEAT,) Joycelyn H. Tierney, Mayor AND Dwight D. Johnson, City Manager OWNER: GEFRBY F. RASMUSSEN WYAYN R. RASMUSSEN 73798 2 06/30/99 10:00 FAX 651 952 5550 CAMPBELL KNUTSON y PLITUTH ENG Q004/004 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1999, by Joycelyn H. Tierney and by Dwight D. Johnson, respectively the Mayor and City Manager of the City of Plymouth, a D7innesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1999, by Gefrey F. Rasmussen and Wyayn R. Rasmussen, husband and wife. NOTARY PUBLIC THis INSTRUME'-VT DRAFTED BY: CAMPBELL KNUTSON Profexsional Assodation 317 Eagandale Office Center 1380 Corporse Center Curvc Eagan, Minnesota 55121 Tnlupboae: (651) 452-5000 RNK,srn rsroe 3 6, io DATE: June 28, 1999 for Council Meeting of July 6, 1999 TO: Dwight D. Johnson, City Manager, through Fred G. Moore, P.E., Director of Public Works FROM: Ronald S. Quanbeck, P.E., Assistant City Engineer SUBJECT: REDUCTION IN REQUIRED FINANCIAL GUARANTEE ACTION REQUESTED: We have received requests from developers for a reduction in the required financial guarantees to reflect completed work in their developments. The City has made inspections of the work and I recommend that the attached resolutions be adopted. The developments are: 1. Lutzs Cedar View Addition 2. Silverthorne 4" Addition Ronald S. Quanbeck, P.E., Assistant City Engineer attachment: Resolutions 94042) 97133) N: \pw\Engineering\GENERAL\MEMOSViON\FG7-6A9.doc RESOLUTION NO. 99 - REDUCING REQUIRED FINANCIAL GUARANTEE LUTZS CEDAR VIEW ADDITION (95042) WHEREAS, in accordance with the development contract dated August 24, 1999, B. J. Lutz and Sarah L. Lutz, developer of Lutzs Cedar View Addition (95042), 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: That the required financial guarantee for the above items be reduced as detailed above from $6,496 to $0 zero) to reflect the completed work. The required financial guarantee may be reduced accordingly. N:\pw\Enginaring\DEVL dNTS\995\95042\RESOL\95042-fg.doc ORIGINAL NEW ITEM AMOUNT AMOUNT Street Construction 0- 0- Sanitary Sewer and Water Service/Street Repair 5,400 0- Sanitary Sewer 0- 0- Watermain 0- 0- Storm Sewer 0- 0- Boulevard and Drainage Swale Sod 400 0- Mitigation Pond Construction 0- 0- NURP Pond Construction 0- 0- Street Signs (0x200) 0- 0- Site Grading and Drainage Improvements 0- 0- Park and Trail Improvements 0- 0- Setting Iron Monuments 0- 0- Design, Administration, Inspection, As-Builts 696 0- TOTAL 6,496 0- That the required financial guarantee for the above items be reduced as detailed above from $6,496 to $0 zero) to reflect the completed work. The required financial guarantee may be reduced accordingly. N:\pw\Enginaring\DEVL dNTS\995\95042\RESOL\95042-fg.doc RESOLUTION NO. 99- LUTZS CEDAR VIEW ADDITION (95042) 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: ITEM Maintenance of Erosion and Sediment Control Plan, Street Sweeping, and Storm Sewer Cleaning Cash: Financial Guarantee: ORIGINAL NEW AMOUNT AMOUNT 1,000 $-0- 0- 0- 0- $ -0- FURTHER BE IT RESOLVED that the financial guarantee for the above items be reduced from $1,000 cash to $0 (zero). The financial guarantee may be reduced accordingly and will be released by the Finance Department. Adopted by the City Council on July 6, 1999. N:\pw\EngimcringXDEVLMNTS\1995\95042\RESOL\95042-fg.d. RESOLUTION NO. 99 - REDUCING REQUIRED FINANCIAL GUARANTEE SILVERTHORNE 4m ADDITION (97133) WHEREAS, in accordance with the development contract dated July 8, 1998, Laurent Land Development, Inc., developer of Silverthorne 4' Addition (97133), 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: That the required financial guarantee for the above items be reduced as detailed above from $904,439 to 215,005 to reflect the completed work. The required financial guarantee may be reduced accordingly. F:\pw\Engineering\DEV LMNTS\ 1997\97133\Resol\FG-97133-7-6A9.doc ORIGINAL NEW ITEM AMOUNT AMOUNT Street Construction 157,472 34,619 Sanitary Sewer 61,178 12,236 Watermain 73,370 14,674 Storm Sewer 99,903 19,981 Boulevard and Drainage Swale Sod 6,400 6,400 Mitigation Pond Construction 6,650 6,650 Drainage Pond Construction 35,468 7,094 Street Signs (4 x 200) 800 800 Site Grading and Drainage Improvements 345,974 69,195 Park and Trail Improvements 18,400 18,400 Setting Iron Monuments 1,920 1,920 Design, Administration, Inspection, As-Builts 96,904 23,036 TOTAL 904,439 215,005 That the required financial guarantee for the above items be reduced as detailed above from $904,439 to 215,005 to reflect the completed work. The required financial guarantee may be reduced accordingly. F:\pw\Engineering\DEV LMNTS\ 1997\97133\Resol\FG-97133-7-6A9.doc RESOLUTION NO. 99- SILVERTHORNE 4TH ADDITION (97133) Page Two FURTHER BE IT RESOLVED that the financial guarantee requirements for the following items per Section 8.1 of the approved development contract remain as follows: ORIGINAL NEW ITEM AMOUNT AMOUNT Maintenance of Erosion and Sediment Control Plan, Street Sweeping, and Storm Sewer Cleaning Cash: $ 1,000 $ 1,000 Letter of Credit No. 91200000362: $ 43,765 $ 43,765 Adopted by the City Council on July 6, 1999. F:\pw\Engineering\DEV LMNTS\ 199797133\Resol\FG-97133-7-6-99.doc Agenda Number: 6 . / TO: Dwight D. Johnson, City Manager FROM: Kurt Hoffman, Deputy City Clerk, through Laurie AhrA, Asst. City Mgr. SUBJECT: APPLICATION FOR LAWFUL GAMBLING EXEMPTION DATE: June 28, 1999, for City Council Meeting of July 6, 1999 1. ACTION REQUESTED: Adopt the attached resolution finding no objection to exemption from a Lawful Gambling License for Plymouth Firefighters Relief Association for an event on October 23, 1999. 2. BACKGROUND: The City has received notice of Lawful Gambling Exemption for the Plymouth Firefighters Relief Association to conduct a raffle for an event on October 23, 1999. 3. ALTERNATIVES: This exemption will become effective unless a resolution is adopted which specifically disallows such activity and is forwarded to the Charitable Gambling Control Board within 30 days. The Council could approve or deny the request. 4. BUDGET IMPACT: No license fees are paid to the City. The $25 permit fee and proof of nonprofit status are provided directly to the State by the applicant. 5. RECOMMENDATION: The attached resolution finding no objection to the request of Plymouth Firefighters Relief Association for lawful gambling exemption is recommended for adoption. CITY OF PLYMOUTH RESOLUTION 99 - FINDING NO OBJECTION TO LAWFUL GAMBLING EXEMPTION FOR PLYMOUTH FIREFIGHTERS RELIEF ASSOCIATION WHEREAS, notice of Lawful Gambling Exemption have been submitted to the City by the Plymouth Firefighters Relief Association for a raffle to be conducted on October 23, 1999. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Plymouth that it finds no objection to the Plymouth Firefighters Relief Association for an event at Fire Station III, 3300 Dunkirk Lane, on October 23, 1999. The City further waives the 30 -day approval waiting period. Adopted by the City Council on July 6, 1999. Agenda Number: TO: Dwight D. Johnson, City Manager FROM: Craig C. Gerdes, Director of Public Safety SUBJECT: TOBACCO COMPLL4NCE CHECKS DATE: June 17, 1999 for July 6, 1999 Council Meeting 1. ACTION REQUESTED: The City Council hold hearings and adopt administrative penalties for two tobacco violations resulting from 1998 compliance checks. 2. BACKGROUND: The Police Department conducted tobacco compliance checks at licensed establishments in 1998. In all cases of violations, the clerk who made the sale is charged with the violation of illegal sale to a minor, which is a gross misdemeanor, and required to appear in court. As is our policy, we allowed the criminal court to proceed with processing their violations first before any administration actions on the license holders is taken. As reported in our staff report at the June 1', 1999 Council meeting, there were a total of 17 violations. At this time, all but two of those violations have come to a conclusion. The two remaining license holders were scheduled for administrative hearings before the Council; one for tonight, July 6, 1999 and the other for Tuesday, July 20, 1999. Tonight's case is a second offense under the ordinance definition. Under the City's Ordinance, Section 1150.10 Violations, subdivision (c) Administrative Civil Penalties; Licensee, the State minimum, City's presumptive and maximum penalties appear in a grid as follows. Offense Minimum Presumptive Maximum State Penalty (City) Ci /State I' violation 75 and/or 500 fine and 2,000 and/or 60 0 days susp 5 -day susp days susp 2 nd violation (within 24 mos) 200 and/or 750 fine and 2,000 and/or 60- 0 days susp 15 -day susp days susp The ordinance requires the license holder be afforded an opportunity for a hearing before the Council before any penalty is imposed. The license holder was mailed a letter notifying him of this hearing before the Council. A copy of the notification letter is attached, along with information on the violation at the licensed premise. 3. ALTERNATIVES: The City Council can impose any penalty between the State minimum 200 fine and no license suspension) and maximum allowed ($2,000 fine and/or 60 day license suspension). The Council always has the option of revoking the license. 4. DISCUSSION: The compliance check violation being considered this evening are as follows: C & K Automotive, 9605 36"' Avenue North(2nd violation) Attached you will find a packet for the establishment. The packet contains a copy of the police report outlining the individual compliance check violation, information on the outcome of the criminal prosecution of the clerk who sold in District Court, and a copy of the letter notifying the establishment of this hearing. At the hearing, the license holder is able to present any information they would like the Council to consider. This would include any employee training, processes in place or instituted since the offense, as well as any actions taken against the clerk that was charged. 5. BUDGET IMPACT: There would be no significant impact on the budget from any penalty. 6. RECOMMENDATION: Staff recommends the City Council hold the hearing, adopt civil penalties, and direct findings of fact if needed for this violation. 1998 Tobacco Compliance Check Violation C & K Automotive 9605 36`h Avenue North 2"a Violation Offense Date: 3/26/98 Police Case Number 98-100181 Defendant: Cathy Marie Dorn Pled guilty to misdemeanor, 6/3/98, fine $210 INCIDENT: On March 26, 1998 at 5:35 p.m. Officer Brian Beniek was conducting compliance checks with a 17 year old female volunteer checker. The checker entered the C & K Automotive store, also known as the Sinclair station, picked up a beverage and proceeded to the check-out counter. She then asked for a pack of cigarettes. The clerk pulled the cigarettes off the rack, gave them to the checker, and completed the transaction. The clerk never asked for identification. At that time the Officer notified the clerk she was under arrest for selling tobacco to a minor. HISTORY The first offense occurred during a compliance check on March 24, 1997. The clerk in that case appeared in Court and pled guilty to a misdemeanor on July 11, 1997. At that time they received an administrative penalty of a 2 -day license suspension, which was stayed six months on the condition of no further violations with that period, and a $100 fine. During the two year period, the police department has also received two separate reports from the community reporting information of area youth purchasing tobacco from the licensee. Both reports are included for your information. PLYMOUTH POLICE DEPARTMENT 3400 Plymouth Blvd., Plymouth, MN 55447 612)-509-5160 fax: (612)-509-5167 MOC J PC' Date tea Reported calf o Location Occurred date Person #1 name (last, fust, middle) PLYMOUTH POLICE nil N NESOTA o time SA Badge #Ireport 2A Victim I lWitness ' Av non4u G DOB isex M F work# City,State,Zip school race W B O I DLA I mise uisurance Person #2 wH 6 if W) h" S* t I WW I I AXAntInn M name last, fust, muddle) DOB sex M F address home# work# city, State, Zip school race W B O I DU miscfmsumnoe Additional names/vehicle supplement attached Patrol In estigation solvability factors photos taken forced entry domestic/vie info victim will prosecute SFD written statement Eprints lifted Flattached garage Enone Oya ORO O Narrative J a_ continue Disposition pending clear arrest Patrol Supervisor Inv Supervisor Inv Assigned Entry assist & advisedclear exceptionally unfounded r diversion I [—V —1 Lk- Suspect I (lad.firsemi ) C,.qg 44 M e--, IDoB6—z 00101 Jork# address 3 /6,S- 14-ar— 6 1--, iik! 7z oz Iho—# 4qc1-oqss- City'state-zip -0 40 + Al A) Jht 1wt 1hai, 1, 1. WB 0 1Ischoollgradeparents & work phone IDIA mise Patrol Action Suspect uvenile arrest no contact adult arrest juvenile blue wam&release missing person school alcoholrpt bail release runaway parents notified citation Suspect 2 owursvwd&) home# work phone Plymouth Miranda HennepinI 1yes ic 'Xi-6-iney Isex M F W B 0 1 1 Patrol Action Suspect juvenile arrest no contact booked Plymouth Miranda adult arrest juvenile blue warn&release booked Hennepin [-- t: J] yesmissingpersonschoolalcoholrptbailreleasebookedJCctto [—] no trney requestedUninawayparentsnotifiedOcitationHPFC =Yes no Property S=stolen D=darnaged L -lost THIS SECTION NOT FOR IMPOUNDED PROPERTY FlInventory report attached Victim Code Otv Rem 13mnd/deqcrintinn/mnde1 Serial 4 . Value NCIC Vehicle oil F-1stolen ED F—Jimpounded Mbicycle Mmentioned Msuspect plate# state plate year owner: make model year color style Vehicle 2 victim's stolen N... g g M, mention F71* suspect plate # state plate year owner: nuke model year By my.signature I release all duly authorized pear officers from any legal claim for any damages, loss or expense incurred in the recovery, holdin& storage, or omveyance, OR verify I am the guardian of a missing juvenile listed in this report color1i style OFFENSE OR INCIDENT: Gross misdemeanor sale of tobacco to a minor CASE NO.: 98100181 SUSPECT: Cathy Marie Dom, DOB 06/24/52 1 DATE OCCURRED: 03/26/98 I was asked by the City of Plymouth to assist in tobacco compliance checks. On 03/26/98 at 19:40 hours, a 17 -year-old white female by the name of Nadine went into the C & K Automotive store, also known as the Sinclair station, in an attempt to purchase tobacco. Nadine went to the beverage cooler and picked up a beverage and proceeded to the lone clerk. I entered the store at this point and heard her ask for a pack of Marlboro Red cigarettes at which point the clerk pulled the cigarettes off the rack and set it in front of her. The clerk rang the sale up on the cash register and the 17 -year-old female handed over $5.00. The clerk made change and the sale had been completed. It should be noted that the clerk never at any time asked for any identification. I was standing right behind her at the time of the sale. At this point I identified myself as a Plymouth police officer with a photo ID and advised the clerk that she had just sold tobacco to a 17 year old. I further advised her she was under arrest for sale of tobacco to a minor, a gross misdemeanor. She gave no excuse for not checking the ID. She states that she normally checks ID, however tonight she just didn't think she needed to ask for ID of this person. She was identified with a Minnesota Driver's License as Cathy Marie Dorn, date of birth 06/24/52. I explained to her the tobacco compliance checks and procedures. She stated she would be contacting the owner about the sale. Cleared by arrest. Officer Brian Beniek, #29 mas Plymouth Police Department 3400 Plymouth Blvd. • Plymouth, MN 55447 612) 509-5160 fax: (612) 509-5167 N -- ptcc Q rs E) Per F{ Date3r'3 1r 9 last, first, middle) 0"6 Reported call / 7 Z asn 3 Location 9645- 3( Occurred o "i b a 1.4) to date time Badge no. nnnrt Yin assist f-IWtness Mentioned I T 1 _%7zZ Vn 1 vU111p a "awu u Name DOB / _ M F d l 1/ Sex last, first, middle) 5 Address home phnne work phone City, state, zip school mischnsurance Driver's license White African Am Am Indian Hispanic Lj Asian work phone race Other Per misc/parents/work r-1 n --- 1_;. --4 %ro4 1-'I Witness Mentioned SVII L U vvnlnwmm DOB F Name forced entry i a Sex last, first, middle) written statement prints lifted attached garage-O'none address home phone work phone city, state, zip school .F mischnsurance Z7 eAll C.P 7-0 driver's license White African Am Am Indian Hispanic 0 Asian f) L.,11 s p K race Other Pio g-5 misc/parents/work - 0/1/., s SAN . Additional names/vehicle supplement attached Patrol Investigation solvability factors photos taken forced entry domestic/vic info victim will prosecute SFD written statement prints lifted attached garage-O'none yes no Narrative - - Z7 eAll C.P 7-0 IA4,YL 57, f) L.,11 s p K q 41' Pio g-5 G 70-5,5- Vo (A--7 —I 0/1/., Continued Disposition 5padmg clear arrest Matrol supervisor Inv StUPWAsor Inv assigned— Entry assist and advised clear exceptionally[EunfoundedF \ PLYMOUTH -POLICE DEPARTMENT 3400 Plymouth Blvd., Plymouth, MN 55447 612)-509-5160 fax: (612)509-5167 MOC ars 1 $ 0 Date _ 3 Reported pan K — asn Z5 -YJ 1.ij J otr J 6 C)u Person #1 Com lainant I Ivictim. I Witness name (last, fust, middle) in n Location R60S 3 C tCr ccurred date ( (}t r time SAA Badge #I report ' assist sex M F cUty,state,Zip school Irace W B O I DL# mischnsurance Person #2 1 IComnlainant I —1Virtim fe.,.:.. sa name(last, fust, Huddle) DOB sex M F addrm home# work# City, State, zip school race W B O I DL# misc/insurance misc/parents/work 1 I , Uuaaaa,uaa 114uawivcun7.c aupptement auacneu Patrol Investigation MEN ffmwm solvability factors written statement photos taken Sforced entrySprintslifted domestic/vic infoEnone victim will prosecute SFD attached garage Syes [:Dn. S Narrative P ,-%, 1 I A n 0471.4"C I K'. r C— . _ _ _ L__ 7 1 C_ 1 __ I n „ _ ,.'j' Disposition Inv Supervisor Continued CITY OF June 18, 1999 PLYMOUTH+ Mr. Kevin Liew C & K Automotive 9605 36' Avenue North Plymouth, MN 55441 Dear Mr. Liew: Our records indicate that during our 1998 compliance checks, a violation of law in which tobacco products were sold to a minor occurred at your establishment on March 26, 1998. It is the policy of the City of Plymouth to allow the cases to proceed first through the court system before administrative inquiry/penalty as provided by City Ordinance. Our records indicate the clerk charged in your incident appeared in court on June 3, 1998, pled guilty and received a fine. This was a second offense under our ordinance as you had a previous sale in March of 1997. A copy of the report is included for your information. At this time, you are scheduled for an administrative hearing on this matter before the City Council for Tuesday, July 6, 1999. The Council meeting begins at 7:00 p.m. Under State Law and City Ordinance, the establishment is responsible for any violations on their premises and could receive an administrative penalty of up to a $2,000 fine and/or suspension of your license for a period up to 60 days. During the administrative hearing, a representative of your organization is given the opportunity to present any information relative to the violation, your training policies, and/or actions you have taken, or any other information you would like considered by the Council when making their decision. If you have any questions please call my office at (612) 509-5161. Thank you for your cooperation in this matter. Sincerely, Cr ig C. Gerdes Director of Public Safety PLYMOUTH POLICE DEPARTMENT be PLYMOUTH 9t Beautiful Place 7o Live 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 - TELEPHONE (612) 509-5000 Op"..0 www.d.plymouth.mn.us CITY OF PLYMOUTH RESOLUTION NO. 99 - RESOLUTION IMPOSING A CIVIL PENALTY AGAINST C & K AUTOMOTIVE FOR TOBACCO COMPLIANCE CHECK VIOLATION WHEREAS, the Plymouth Police Department routine conducts compliance checks on tobacco licensees within the City; and WHEREAS, during one of these checks conducted on March 26`h, 1998, a clerk employed by C & K Automotive sold cigarettes to an underage person; and WHEREAS, that clerk has appeared in Hennepin County District Court and been found guilty of this violation; and WHEREAS, Minnesota State Statue and Plymouth City Code allow for administrative civil penalties against the license holders for such violations. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, the City Council adopt the resolution imposing a civil penalty against C & K Restaurant for a license suspension of days to be served at the discretion of the City, and an administrative fine of $ , Adopted by the City Council on r Agenda Number: 9, DATE: July 2, 1999 for the City Council Meeting of July 6, 1999 TO: Dwight D. Johnson, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: PURCHASE AGREEMENT LOT 6, BLOCK 1, GLEN GROVE ACRES ls` SUBDIVISION SOPHIA GOULD (MERTEN) PROPERTY KINGSVIEW LANE AND 10TH AVENUE PROPOSED MOTION: Make a motion to adopt the attached resolution approving the purchase agreement for Lot 6, Block 1, Glen Grove Acres I" Subdivision. BACKGROUND: An application was filed by Steve Merten for a Condition Use Permit and a variance to construct a single family home on a lot at the end of Kingsview Lane southerly of the Luce Line Trail. Attached is a location map for the property. After the public hearing, the Planning Commission recommended denial of both the variance and Condition Use Permit. The City Attorney has given an opinion that the Conditional Use Permit could not be granted but an improved public street must be extended to get access to this property. After the Planning Commission recommendation, we learned that the applicant had canceled their purchase agreement for the property. The drainage for the area southerly of this property and generally along Kingsview Lane flows in an open ditch through the property under the Luce Line Trail and into a wetland adjacent to Parkers Lake. There is not a City storm sewer system in the Kingsview Lane area. At the time that street reconstruction is undertaken on Kingsview Lane it is very likely that concrete curb and gutter and a storm sewer system would be installed. The standards today also require water quality treatment for the storm water. This vacant lot is situated such that it could be used for a water quality treatment area. After learning that the current purchase agreement had been canceled I contacted the representative of the property owner and stated that the City would consider purchasing the property. Through negotiations, we arrived at a tentative purchase price of $32,000. This is the same amount as the previous purchase agreement. This is the last vacant SUBJECT: PURCHASE AGREEMENT LOT 6, BLOCK 1, GLEN GROVE ACRES ADDITION SOPHIA GOULD (MERTEN) PROPERTY Page 2 parcel of land that could serve for water quality treatment when the streets are reconstructed in this area. Attached is a proposed purchase agreement for the property which has been prepared by the City Attorney's office. The purchase price is $32,000. BUDGET IMPACT: Funding for the purchase of this property would be provided from the Water Resources Fund. This is a fund established by the City many years ago to support ongoing surface water quantity and quality improvement projects. Funds for this purchase are available within the fund. RECOMAONDATIONS AND CONCLUSIONS: This lot is located that it can serve as a future water quality treatment area when street reconstruction is done on Kingsview Lane. There is an opportunity at this time to purchase this vacant unimproved property. Although the reconstruction of Kingsview Lane is not scheduled at this time, the streets are about 30 years old and will be programmed for reconstruction sometime in the future. A fair purchase price for the property of $32,000 has been negotiated. It is recommended that the City Council approve the purchase agreement and authorize the Mayor and City Manager to execute the agreement on behalf of the City to purchase this property for the future use for water quality treatment. Also, the Parks Department will likely construct a short segment of trail across the property to provide a connection from this neighborhood to the Luce Line Trail. There is currently a dirt path across the property used by the neighborhood. Fred G. Moore, P.E. Director of Public Works attachment : Resolution Map Agreement PLY NINNWiskl\pw\Eugimuin&\GENERAL\MEMOS\FRED\1999\GouldProperry.doc CITY OF PLYMOUTH RESOLUTION NO. 99 - APPROVING PURCHASE AGREEMENT LOT 6, BLOCK 1, GLEN GROVE ACRES 1STSUBDIVISION WHEREAS, Lot 6, Block 1, Glen Grove Acres 1" Subdivision is a vacant parcel and is available for purchase; and WHEREAS, this parcel would serve as an area to provide water quality treatment at the time street reconstruction is undertaken on Kingsview Lane; and WHEREAS, a purchase price for the property of $32,000 has been negotiated. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the purchase agreement for Lot 6, Block 1, Glen Grove Acres 1` Subdivision is approved and the Mayor and City Manager are authorized to execute the agreement on behalf of the City. FURTHER, that funding for the purchase in the amount of $32,000 plus any closing costs as included within the purchase agreement are authorized from the Water Resources Fund Fund 505). Adopted by the City Council on July 6, 1999. 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 NApw\Engineering\RESOL\ 1999\CouldProperty.doc Location Map -99021 Steve MerteW fflngsview & 10th Ave N. Request for a (CUPNAR) N W EPclityofS PlymoutN Mimesota p R Parcel Boundaries TaxI500.shp Lakes Use Guide Q Commercial gMM CC, City Center 0]B CO, Commercial Office IP, Planned Industrial LA -1, Living Area 1 LA -2, Living Area 2 LA -3, Living Area 3 LA -4, Living Area 4 LAR, Living Area- Rural PLI, Public/Semi-PulblicAnstitutional Uj l W, W. 3' Location Map -99021 Steve MerteW fflngsview & 10th Ave N. Request for a (CUPNAR) N W EPclityofS PlymoutN Mimesota p R Parcel Boundaries TaxI500.shp Lakes Use Guide Q Commercial gMM CC, City Center 0]B CO, Commercial Office IP, Planned Industrial LA -1, Living Area 1 LA -2, Living Area 2 LA -3, Living Area 3 LA -4, Living Area 4 LAR, Living Area- Rural PLI, Public/Semi-PulblicAnstitutional JUN -22-99 07:47 FROM -CENTURY 21 +6124282101 T-217 P.02/02 F-382 Qir"' Xa Christian Realty 21000 Rogers Drive Rogers, Minnesota 55374 Office (612) 425-4181 Fax (612) 428-2101 www.c21 christian.Com June 211999 Cay of Plymouth 3400 Plymouth Blvd Plymouth, MN 55447 Re: Lot 6, Block: 1 Glen Grove Acres Sophia. Gould Property From: Sophia Gould Letter of Intent I, Sophia Gould, intend to sell property at Lot 6, Block l Glen Grove Acres to the City of Plymouth for a sale price of $32,000 provided a purchase agreement is entered into by July 10, 1999 or before. Sincerely, Note: This is not a purchase agreement for said property. Bill Christian Real Estate Agent for Sophie Gould Each Office Is independently Owned And Operated 06/28/99 14:53 FAX 651 452 5550 CAMPBELL KNUTSON 0002 REAL ESTATE PURCHASE AGREEMENT TINS AGREEMENT (the "Agreement") made and entered into this day of , 1999, by and between the CITY OF PLYMOUTH, a Minnesota municipal corporation, with offices at 3400 Plymouth Boulevard, Plymouth, Minnesota 55447-1482 (referred to herein as the "Buyer"), and SOPHIA M. GOULD, a single person, whose address is 14620 Tenth Avenue North, Plymouth, Minnesota 55447 (the "Seller"). IN CONSIDERATION of the mutual covenants and agreements herein, it is hereby 'mutually agreed by Seller and Buyer as follows: SECTION 1. SALE AND PURCHASE OF LAND 1.1) Seller shall sell to Buyer and Buyer shall purchase from Seller, upon the terms and conditions hereof, the following property (all collectively referred to as the Subject Property"): 1.1.1) The land in Hennepin County, Minnesota, legally described on Exhibit "A" to be attached hereto and incorporated herein, together with all right, title, and interest in and to any roads or alleys adjoining or servicing such land, rights-of-way, or easements appurtenant thereto. SECTION 2. PURCHASE PRICE 2.1) The purchase price for the Subject Property (the "Purchase Price") shall be Thirty-two Thousand Dollars ($32,000.00) and shall be payable by Buyer to Seller by check on the date of Closing. 73nO 06/28/99 14:53 FAX 651 452 5550 CAMPBELL KNLTTSON 11003 SECTION 3. TITLE MATTERS 3.1) Seller, at Seller's expense, shall cause to be furnished to Buyer within twenty (20) days hereof a current commitment for the issuance of owner's policy of title insurance (hereinafter referred to as the "Commitment") issued by a title insurance company acceptable to Buyer (hereinafter referred to as the "Title Company") in the amount of the Purchase Price, committing to insure that Buyer will have good and marketable title to the Subject Property. 3.2) In the event any exceptions are listed in the Commitment for title insurance which are monetary liens, mortgages, judgments or which impact Buyer's intended use of the Subject Property in Buyer's reasonable discretion, the Seller shall promptly cause the exception to be removed. If the Seller fails to remove the same within the time allowed for closing on the Subject Property, the Buyer (at Buyer's option) shall have the right to (a) terminate this Agreement, or (b) cause the exception(s) to be. removed and credit Buyer's cost to remove the exception(s) against the Purchase Price. 3.3) Within 10 days of the execution of this Agreement, Seller shall furnish to Buyer a survey of the Subject Property by a surveyor showing the boundaries of the Subject Property, the location of any right-of-way, encumbrances, and easements on the Subject Property, and showing the exact locations of any wetlands on the Subject Property. 73720 2 06/28/99 14:53 FAX 651 452 5550 CAMPBELL KNUTSON SECTION 4. CLOSING 4.1) The closing (the "Closing") shall be at a location designated by Buyer, and shall occur within 60 days following execution of this Purchase Agreement (the Closing Date"). 4.2) On the Closing Date, Seller shall deliver to Buyer possession of the Subject Property vacant and free of debris, trash, petroleum products, chemicals, hazardous substances, and all personal property. 4.3) On the Closing Date, Seller shall execute and deliver to Buyer: 4.3.1) A duly executed Warranty Deed, subject only to exceptions consented to by Buyer; lih 004 4.3.2) A customary affidavit that there are no unsatisfied judgments of record, no actions pending in any state or federal courts, no tax liens, and no bankruptcy proceeding filed against Seller, and no labor or materials have been furnished to the Subject Property for which payment has not been made, and that to the best of Seller's knowledge there are no unrecorded interests relating to the Subject Property; and 4.3.3) The certificate described in Section 6.1.1. 4.4) Seller shall pay: all the general real estate taxes levied against the Subject Property due and payable for all years prior to the year of closing, the balance of all special assessments against the Subject Property, and any deferred taxes. Seller shall pay at Closing the remaining balance on all levied and pending special assessments owed against the Subject Property. Seller and Buyer shall prorate to Closing taxes due and payable in the year of Closing. 73720 3 06/28/99 14:53 FAX 651 452 5550 CAMPBELL KNUTSON 0 005 4.5) Seller shall pay at Closing: 4.5. 1) State deed tax; 4.5.2) The cost to update the abstract of title, together with all searches and charges necessary for the issuance of a title insurance commitment; 4.5.3) All costs and fees incurred for obtaining and recording Buyer's instruments required to place marketable title to the Subject Property ' in y name; 4.5.4) All fees relating to the preparation of the survey required under Paragraph 3.3; and 4.5.5) One-half of the closing fee charged by Title Company. 4.6) Buyer shall pay at Closing: 4.6. 1) All recording fees and charges (except deed tax) relating to the filing of the Warranty Deed; 4.6.2) Title insurance premiums; and 4.6.3) One-half of the closing fee charged by Title Company. SECTION 5. COVENANTS REPRESENTATI NS AND WARRANTIES OF SELLER 5.1) Seller, as an inducement to Buyer to enter into this Agreement, and as part of the consideration therefor, represents, warrants, and covenants with Buyer and its successors and assigns that: 5.1.1) There are no leases, options, purchase agreements, rights to redeem, tenancy agreements, or rights of occupancy, written or verbal, and no person or party has, or will have any rights of adverse possession, regarding the Subject Property; 5.1.2) Seller will maintain in force insurance against public liability from such risk and to such limits as in accordance with prudent business 73720 4 06/28/99 14:54 FAX 651 452 5550, CAMPBELL KNUTSON 1006 practice and suitable to the Subject Property from the date hereof to the Closing Date; 5.1.3) To the best knowledge of Seller, neither Seller, nor any entity or person has, at any time: i. "released" or actively or passively consented to the "release" or threatened release of any Hazardous Substance (as defined below) from any "facility" or "vessel" located on or used in connection with the Subject Property; or ii. taken any action in "response" to a "release" in connection with the Subject Property; or iii. otherwise engaged in any activity or omitted to take any action which could subject Seller or Buyer to claims for intentional or negligent torts, strict or absolute liability, either pursuant to statute or common law, in connection with Hazardous Substances (as defined below) located in or on the Subject Property, including the generating, transporting, treating, storage, or manufacture of any Hazardous Substance (as defined below). The terms set within quotation marks above shall have the meaning given to them in the Comprehensive Environmental Response and Liability Act, 42 U.S.C. Sec. 9601 et M., , as amended ("CERCLA") and any state environmental laws. "Hazardous Substances" means hazardous waste wxic substances, formaldehyde, urea,polychlorinated biphenyls, asbestos, petroleum, natural gas, synthetic gas usable for fuel or mixtures thereof, any materials related to any of the foregoing, and substances defiuted as "hazardous substances", pollutant", ortoxicsubstances", hazardous waste", " p contaminant" in CERCLA, Resource Conservation and Recovery Act as amended, 41 U.S.C. Sec. 9601 get sec,., the Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1901 et =a., ., the Clean Water Act, 33 U.S.C. Sec. 1251 at secq., any state laws regarding environmental matters, or any regulations promulgated pursuant to any of the foregoing statutes. Seller shall indemnify Buyer, its successors and assigns, against, and shall hold Buyer, its successors and assigns, harmless from, any and all losses, liabilities, claims, fines, penalties, forfeitures, damages, administrative orders, consent agreements and orders, and the costs and expenses incident thereto, including, 73720 5 06/28/99 14:54 FAX 651 452 5550 CAMPBELL KNUTSON 16 007 without limitation, reasonable attorneys' fees, consultants' fees and laboratory fees, which may at any time be imposed upon, incurred by or awarded against Buyer as a result of or in connection with the breach of any of the above representations and warranties. Consummation of this Agreement by Buyer with knowledge of any such breach by Seller shall not constitute a waiver or release by Buyer of any claims arising out of or in connection with such breach; 5.1.4) To the best knowledge of Seller, no entity or person (including Seller) has, at any time, installed, used, or removed any underground storage tank on or in connection with the Subject Property. 5.1.5) There are no wells located on the Subject Property and a statement stating the same will be placed on the warranty deed. 5.2) The covenants, representations, and warranties contained in Section 5 shall benefit Buyer and its successors and assigns. All of Seller's covenants, representations and warranties in this Agreement shall be true as of the date hereof and shall be a condition precedent to the performance of Buyer's obligations hereunder) and as of the Closing Date. If Buyer discovers that any such covenant, representation, or warranty is not true, prior to closing Buyer may cancel this Agreement, or Buyer may postpone the Closing Date up to ninety (90) days to allow time for correction. SECTION 6. CONTINGEN IES 6.1) Buyer's Contingencies. The obligations of Buyer under this Agreement are expressly contingent upon each of the following (the "Buyer's Contingencies"): 6.1.1) The representations and warranties of Seller set forth in Section 5 of this Agreement must be true as of the date of this Agreement and on the Closing Date, and Seller shall have delivered to Buyer at Closing a certificate nno 6 06/28/99 14:54 FAX 651 452 5550, CAMPBELL KNUTSON 008 dated the Closing Date, signed by Seller, certifying that such representations and warranties are true as of the Closing Date. 6.1.2) Buyer shall have determined on or before the Closing Date, that it is satisfied, in its sole discretion, with the results of and matters disclosed by any environmental/engineering investigation or testing of the Subject Property performed by Buyer or Buyer's agent. By executing this Agreement. Seller hereby authorizes Buyer to enter upon the Subject Property at reasonable times to conduct the investigations and/or tests described herein. If Buyer's Contingencies have not been satisfied on or before the Closing Date, then Buyer may, at Buyer's option, terminate this Agreement by giving notice to Seller on or before the Closing Date. The contingencies set forth in said section are for the sole and exclusive benefit of Buyer, and Buyer shall have the right to waive the contingencies by giving notice to Seller. SECTION 7. MISCELLANEOUS 7.1) The covenants, warranties and representations made by Seller shall survive the Closing of this transaction. 7.2) Seller hereby indemnifies Buyer for any claim, cost, or damage related to any brokerage fee incurred by Seller due to any acts or agreements of Seller in connection with this Agreement. Buyer hereby indemnifies Seller for any claim, cost, or damage related to any brokerage fee incurred by Buyer due to any acts or agreements of Buyer in connection with this Agreement. 7.3) Any notice, demand, or request which may be permitted, required or desired to be given in connection herewith shall be in writing and sent by certified 73720 7 06/28/99 14:55 FAX 651 452 5550 CAMPBELL KNUTSON IN09 mail directed to Seller or Buyer. Any notice shall be deemed effective when delivered to the party to whom it is directed. 7.4) Time shall be of the essence in this Agreement. Where any date or time prescribed by this Agreement falls on a Saturday, Sunday or statutory holiday, such date or time shall automatically be extended to the next business day. 7.5) Each party hereto shall promptly, on the request of the other party, have acknowledged and delivered to the other party any and all further instruments and assurances reasonably requested or appropriate to evidence or give effect to the provisions of this Agreement. 7.6) This Agreement represents the entire agreement of the parties with respect to the Subject Property and all prior agreements, understandings, or negotiations between the parties are hereby revoked and superseded hereby. No representations, warranties, inducements, or oral agreements have been made by any of the parties, except as expressly set forth herein, or in other contemporaneous written agreements. This Agreement may not be changed, modified or rescinded, except by a written agreement signed by both parties hereto. Under no circumstances, including, without limitation, any default(s) of Seller and/or Buyer under this Agreement, will: (a) any real estate broker or agent be entitled to any commission unless the Closing actually occurs, or to any notice under this Agreement; or (b) Buyer have any liability and/or obligation for payment of any commission or other compensation to any real estate broker or agent regarding this Agreement. 73720 8 06/28/99 14:55 FAX 651 452 5550 CAMPBELL KNUTSON 10 010 7.7) If Buyer defaults under any of the terms hereof, Seller shall have the right to pursue any remedies available to Seller at law or in equity, including specific performance, damages (including attorney's fees) and the cancellation of this Agreement. 7.8) If Seller defaults under any of the terms hereof, including, without limitation, the delivery of marketable title to the Subject Property as set forth in Section 4 hereof, and any of Seller's representations, covenants, and warranties in Section 5 hereof, then Buyer shall have the right to pursue any remedies available to Buyer at law or in equity, including specific performance, damages (including attorney's fees) and the cancellation of this Agreement. 7.9) If any provision of this Agreement is declared void or unenforceable, such provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect. 7.10) Failure of any party to exercise any right or option arising out of a breach of this Agreement shall not be deemed a waiver of any right or option with respect to any subsequent or different breach, or the continuance of any existing breach. 7.11) This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, personal representatives, successors and assigns. 73720 9 06/28/99 14:55 FAX 651 452 5550 CAMPBELL KNUTSON fa011 7.12) This Agreement shall be construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. BUYER: CITY OF PLYMOUTH By: Joycelyn H. Tierney, Mayor sy: Dwight D. Johnson, City Manager SELLER: Sophia M. Gould STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of 1999, by Joycelyn H. Tierney and Dwight D. Johnson, respectively the Mayor and City Manager of the CITY OF PLYMOUTH, a Minnesota municipalcorporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public 73nD 10 06/28/99 14:55 FAX 651 452 5550 CAMPBELL KNUTSON l STATE OF MINNESOTA } ss. COUNTY OF HENNEPIN ) instrument was acknowledged before me this . day of The foregoing 1999, by SOPHIA M. GOULD, a single person. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (612) 452-5000 rirzo 11 IM012 06/28/99 14:55 FAX 651 452 5550 CAMPBELL KNtiTSON IND EXHMIT "A" to REAL ESTATE PURCHASE AGREEMENT LEGAL DESCRIPTION OF THE SUBJECT PROPER Lot 6, Block 1, GLEN GROVE ACRES FIRST SUBDIVISION, according to the recorded plat thereof, Iiennepin County, Minnesota. 73720 12 Agenda Number: . TO: Dwight D. Johnson, City Manager FROM: Laurie Ahrens, Assistant City ManageV&/ SUBJECT: Request of Plymouth Business Council to Allow Non -Residents to Serve on City Boards and Commissions DATE: June 29, 1999, for City Council meeting of July 6, 1999 1. ACTION REQUESTED: Consider the request of the Plymouth TwinWest Business Council to allow non-residents to serve on City Boards and Commissions, and provide direction to staff if any change to the current policy is desired. 2. BACKGROUND: The Plymouth Business Council has requested that the City Council consider allowing non-residents who operate businesses or work within the City of Plymouth to become eligible for appointment to all City boards and commissions. The Business Council has provided the attached letter, as well as information describing similar action taken in New Hope to allow non-residents to serve on boards and commissions. The Plymouth Business Council proposes that non-resident applicants would go through the same interview and appointment procedures as residents. A seat would not be designated for a non-resident who operates a business or works in the City; non-residents would simply be eligible for appointment. The City Council would reserve discretion to screen candidates and select the best individual for each vacancy. 3. ALTERNATIVES: 1) Allow non-residents who operate businesses or work in the City to serve on all boards and commissions, except the HRA which is governed by state law; 2) Allow non-residents who operate businesses or work in the City to serve on specified boards and commissions. 3) Allow non-residents who own/operate businesses in the community (i.e. pay property taxes in the City) to serve on all boards and commissions except the HRA; 4) Make no change to the current policy requiring City residency in order to apply for appointment to a board or commission. Memo -- Plymouth Business Council Request July 6, 1999 Page 2 4. DISCUSSION: The City Council appoints individuals to a variety of boards and commissions: Planning Commission Park and Recreation Advisory Commission Human Rights Commission Housing and Redevelopment Authority Public Safety Advisory Board Environmental Quality Committee Youth Advisory Council The City Council could legally amend its ordinances and policies to allow non-residents to serve on all of these boards and commissions except the Housing and Redevelopment Authority. State law requires that HRA members reside in the area served. There are a number of advantages to expanding the membership of boards and commissions to non-residents who operate businesses or work in the City, including: Provide a larger pool of qualified, interested citizens for boards and commissions; Encourage participation and enhance communication with the business community; Include the perspective of the business community on actions taken by the City; Maintain board and commission diversity. On the other hand, the City Council may decide to limit membership to individuals who reside in the community. The City has not had a lack of qualified or interested residents to fill vacancies, and the business community can participate and impact City decisions in ways other than board and commission membership. With a population of 62,000 and workforce of over 40,000, there may be a sufficient pool of individuals who both work and live in the City to serve on boards and commissions. 5. BUDGET IMPACT: None. 6. RECOMMENDATION: The City Council should consider the request of the Plymouth TwinWest Business Council to allow non-residents who operate businesses or work within the City to be eligible for appointment to City boards and commissions. If the City Council supports a change, staff should be directed to prepare the necessary ordinance and policy revisions for Council action at a future meeting. TW VE1N\/ST CHAMBER OF COMMERCE June 21, 1999 Dwight Johnson City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Dwight: The members of the Plymouth TwinWest Business Council respectfully requests that the Plymouth City Council consider making the necessary changes in ordinances to permit the appointment of non-resident business people who operate businesses or work within the city of Plymouth to become members of all committees, boards and commissions. We believe by taking such action the following will be accomplished: Provide a larger pool of qualified, interested citizens for the respective boards and commissions. Promote better communication on boards, committees and commissions by listing openings with the TwinWest Business Council. Encourage participation by the TwinWest Business Community in the city of Plymouth. Build a better relationship between the Plymouth Business community and the Plymouth City Council by including business input on actions to be taken by the city. Maintain committee, board and commission diversity by allowing non-resident businesspersons to go through the same appointment procedures as resident members. The City of New Hope has recently granted non-residents membership on their committees, boards and commissions. We have enclosed a copy of there ordinance changes as an example of what we would like to accomplish. We want to thank you for your consideration of this matter. Members of the Plymouth Business Council would be available to answer questions if necessary. ely, A6U"" Kaye TwinWest Chamber of CA John Edson 1998-1999 Chair of the Board TwinWest Chamber of Commerce 10550 WAYZATA BOULEVARD MINNETONKA, MINNESOTA 55305 (612)540-0234 Crystal, Golden Valley, Hopkins, Medicine Lake, Minnetonka, New Hope, Plymouth, St. Louis Park 00000004.GIF' .... _ age Jurl•N0.1 031Si3sFROM: 6; IV ur mile nwrr ^^ e1/is/!9 12125 le:*. K1rM H40anald rpm$ December 10, 19M Qin Donahue Cly of New Hope 4401 Xylon Avenue North New Hope, MN 6642EI tC. Fes% P P 4N612-342-9227 Page 1/4 Dear Dan: The CrystaMew Hope Business Council would litre to help strengthen the relationship between the City' of Now Hage and the kxW bseineaa eomaUuhity. One way the bUe+nm council suggaftdoingthatisbyopeningthecommunicationlinesbetweenthetwoi9MUPs. In addition to that. increasing perticipatson of the bualna w community within alts board@ and cenvnissione wlit helptostrengthentherelationship. The business courcill ptesents the city with a vebta purr to pronate better relations. The current New Hope City Qrdnances restrict non residents thorn participating with Boards andCommissionswithintheCityofNewMope. The CgdalMew Hope Business Councft mggade the City of New Hope examine those ordnences. The bAh-Am ahmrnrx+AY neade to be invokedwiththelocalgovermentinwhichfheirbuainesaeaarotooted. Currently the City of New Hope has tour oorrrnisai= which do W allow m WIM Ht participete. Those toter are: the Pql ft Ca TOWion, Ckaen A4WWy uffm Pighis Commisaion, and the Pe mv* t4oard. (See attached copy of the ownt<nt ordinaries). The City of Now Hope often melee requests for ineteawed parficQetion an oommissk=. The business council auggesta that opening membership of these oommieatons to anyone working or living within the city Emits would increase padiopetion. The CSI of Now Hope wilt reserve the righttoappointpoWals, maintaining the abifdy to screen ca-ddetoa, and select the best individual for city service. The City of Now Hope can @upset support torn the CrystelMew }tape Businow Council as hexaminesthaaoorclinanwtShouldtherebeaneedforfurtheroplanstionoftheBusinessCouncil's proposal: please conhct Gary t.'Her&A at 425aM, or Cynthis sweet at the TwinWeal Chrnber of Cammww, 5404M. Thank you Ibr your time and oon kWilition. inc etefy. Gary Vwerauft New Hope Business Ccundl Chair U6`L NO. c ?310136FRO . . .. .. COEflVCM SQUUT FOR ACTION Ortginatmit Department APPM" ed 1brAgenda Manager 1.27-97 Den Donahue E• F= f :j:P P.82 AEem^ Section Ordinances & iters No. 10.1 ORDINANCE NO. 97-08, AN ORDRUNCE AMENDING CHAPTER 2 OF THE NEW HOPE CODE TO PERMIT THE APPOINTMENT OF NON-RESIDENTS TO THE PLANNING, HUMAN RIGHTS, TRAFFIC CONTROL AND SAFETY, CITIZENS ADVISORY AND CHEMICAL This item was considered at the Council Meeting of January 13th and at the Council Work Session of January 18th. The Crystal/New Hope Business Council recommends repealing the residency requirement from various city commissions. This would allow the local business community to become mon involved with local government. The appointment process will show the City Council to regulate the number or percenteas of residents vs. non-residents serving on commissions. This proposed ordinance amendment would permit New Hope property owners, business owners, or employees of area businesses to serve as commission members. Staff recommends adoption of the ordinance. MOMON BY Rcvkw' SUM: Fes' i= age age Jun. . 0 P n61 FROM: CITY OF NEW MOPE FaX No.% 3313135 COEWCIL III ti. . 0 - c'F". S F8 P.94 iu REgunT FOR ACTIONWti Q Orlgmaung Department Approved forAdenda AEvnda Section Manager Ordinances 3 Resolutions i-13-97 Dan Donahue feta No. By; 83r 10.5 ORDINANCE NO. 97-06, AN ORDNANCE AMENDING CHAPTER 2 OF THE NEW HOPE CODE TO PERMIT THE APPOINTMENT Of NON-RESiDENTSTO THE PLANNING, HUMAN RIGHTS, TRAFFIC CONTROL AND SAFETY, CITIZENS ADVISORY AND CHEMICAL HEALTH AWj6RENEJj In an effort to promote commission Involvement -of persons within the business community, the City Council directed staff to amend the City code by repealing the residency" requirement for commissioners. This proposed ordinance amendment would permit non-residents to serve an commission members. Staff recommends adoption of the ordinance. MOTION BY SECOND SY To. /-/!v - Review; AdmaAsUatim, Ftaartce: RFA -001 JuO. . CCC FROM= C:TV OF HEY HOPE FAX HO.I 7313136 Cosuvct & SohDPALz. PA. ATr axws Ar LAoo+ ""u" 6diabura smutlfte Ota-* ramNAWNPANJOU w.. LI~ 6525 Edtabrook Croeaing suits 0200 Brooklyn Park. ltianesota 53643 reu r+w+e 1 ve•Rn January 9, 1997 Valerie Leone city Clerk city of Now Hope 4401 xylon Avenue North New Hope, MN 55428 RE: Proposed Ordinance No. 97-5 Amending Non -Resident Commission Members Our File No: 99.44705 i•'F4C E 0 Ev"araw Chapter 2 Permitting Dear Valerie: Please find enclosed a proposed -Ordinance Amending Chapter 2 of the New Hope City Code Permitting Non -Residents to Serve as Commission Members for consideration at the January 13, 1997 Council meeting. This Ordinance was prepared in response to the City Manager's request for removal of the residency requirement relating to Commission membership. The proposed Ordinance affects the following Commissions: 1. Planning; 2. Human !tights; 3. Traffic Control and Safety; A. Citizens Advisory; and 5. Chemical Health Awareness. These are the only Commissions established by Ordinance within the city except for the New Hope Economic Development Authority, the Now HOP* Housing and Redevelopment Authority, the New Hope Zoning Board of Adjustment and Appeals and the Personnel Board. The legislation establishing membership of the Personnel Board does not impose a residency requirement. The other three Boards are composed of city Council members. Further, a review of our City Code indicates the City Council may also create ad-hoc advisory committees and oommissions for a limited duration without complying with a membership residency requirement. 00000007.GIF age •. Jun. '999 10:39AM iRON G1OF NEW NOPE Val aris Leone January 9, 1997 Page 2 1_A 1P. :i FAX NO.$ 3315336 0i-01-9! 841vio P.e6 It you have any other questions or comments regarding this ordinance, please do not hesitate to contact me. Very truly yours, Steven A. Sondrall sIt2 Enclosure cc: Daniel J. Donahue, City Manager (w/sna) Kirk McDonald, Management Asst. (w/enc) 0 Q0000008.G F age FRDM1 CITY OF NEW HOPE FAX NO.$ 5315136 Ob -41 -ss 8.1 .0,4p P.a7 ORDINANCE NO. 97-08 AN ORDINANCE AMENDING CHAPTER 2 OF THE NEW HOPE CODE TO PERMIT THE APPOINTMENT OF NON—RESIDENTS TO THE PLANNING, HUMAN RIGHTS, TRAFFIC CONTROL AND SAFETY, CITIZENS ADVISORY AND CHEMICAL HEALTH AWARENESS COMMISSIONS The City Council of the City of New Hope ordains: section 1. section 2.13 'PI Inning Commission" of the New Hope City Code is hereby amended by repealing in its entirety subsection 2.132(4) "R,esid ncy Reauirement". Se d o 3.4sotion 2.25 "Human Right, Commission" of the NOW Hope City Code is hereby amended by repealing in its entirety subsection 2.257(c) "Residgnce" and renumbering subsection 2.257(d) Resi9r1 t? ion" as subsection 2.257(e). 5 tion 3. Section 2.28 "Trgffit. Control and safety Commission" of the New Hope City Code is hereby amended by repealing in its entirety subsection 2.284(i)(c) "llesidence", by renumbering subsections 2.284(1)(d) "Appointed", (1)(e) Hatignation" and (1)(f) "FAl lure to Sery " to subsections 2.284 1)(c), (1)(d) and (1)(e) respectively, and amending subsection 2.282(1) "NUmber" to read as follows: 1) Number. The Commission shall consist of seven members which shall include a representative designated annually from the Planning Commission, the City Manager or his designate, the Director of Police or his designate, the Director of Public Works or his designate, and three e{y-ttwe persons to be appointed by the Council. Section 4. Section 2.35 "r{ew Hope Citizen Adv sort' Commission" of the New Hope City Code is hereby amended by repealing in its entirety subsection 2.355(1)(c) "Residence" by renumbering subsections 2.355(i)(d) "Resignati-on" and (1)(e) Absence" to subsections 2.355(1)(c) and (1)(d) respectively, and amending subsection 2.353 "Tarms of Office. Membership and Comoosition" to read as follows: 2.353 TeCms of _Office Membership and CcmnositioA. The Commission shall consist of not less than five and not more than fifteen members, peeideAlts 04 Now HaPe-r appointed by a majority of the Council, who shall serve without compensation at the pleasure of the Council. The Page Jun. i'i ::;'. .! _.,, : I Z - X e •' 9 FROM CITY. QF NEU HOPE FAX No.1 3315136 06-a,-77 04."..r P.eO terms of office shall be from January 1 to December 31, of each year, or until each individual successor has been appointed. The chairperson of the Commission shall be appointed by the City Council. The commission, at its initial meeting, and each year thereafter,.shali.choose a vice chairperson, and a secretary. A quorum shall oonsist of a majority of the members then constituting the Commission. The chairperson shall presido at all meetings 'hold during that year. The secretary shall regularly keep the minutes of each fleeting of the Commission and shall also be responsible for forwarding a copy of such minutes promptly to the City clerk. Section 5. Section 2.40 "New Haoe Ch*MJCB1 Heslth Awareness commission" of the Now Hope City Code is hereby amended by. repealing in its entirety subsection 2.405(1)(c) "Resid.qIjU" by renumbering subsections 2.405(1)(d) "Resignation", (1)(a) "F&JIU, to Servs" and (1)(1) "Violation of Bylaws" to subsections 2.4050)(c), (1)(d) and (i)(e) respectively, and amending subsection 2.403 "Membership" to read as follows: 2.403 Oembeeshle. The New Hope Chemical Heslth Awareness Commission shall be composed of from 5 to 15 members to be appointed by a majority of the Council and 01%611 b* eamp"Od e- too rpiey of New !is". Each appointee shall serve a two-year term, except for seven members of the first appointees who shall be appointed for terms expiring on December 31, 1983. The other eight shat, be appointed for terms expiring on December 31, 1384, in order to provide for staggered terms. Each member shall serve until his successor is duly appointed. Section 0. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 27th day of Januar-Y 1997. W. Peter Enck, Mayor Attest: Valerie Loons, City Clerk Published in the New Hope -Golden Valley Sun -Post the 5th day Of Irebru&ty , 1997.) Pa Agenda Number: DATE: June 30, 1999 for the City Council Meeting of July 6, 1999 TO: Dwight D. Johnson, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: PLYMOUTH METROLINK LATER SERVICE HOURS ACTION REQUESTED: Review the report on the usage of the later service hours implemented on our Metrolink transit system in December, 1998. No action is required of the City Council unless the Council wishes to change the service hours or discontinue the service. BACKGROUND: Attached are memos from John Sweeney, Transit Administrator, and George Bentley, our consultant, for the Plymouth Metrolink concerning our expanded service hours which were implemented in December 1998. When the City Council approved this expanded service, we were to report on its success to the City Council in July 1999, in order that the service could be reduced or deleted if it was not successful. At the time the service was implemented, it was known that the Metropolitan Council tax levy for transit would increase in Plymouth since we would be providing service during non peak hours. As indicated in the reports, it is our opinion that the additional service has been very successful. Comparing to the new levels in 1999 with the increased service, there has been an increase in ridership on the two routes where the service was implemented by 9.5% over the levels in 1998. A baseline goal of 3.5% increase was established as a minimum to measure success for the new service. This increase in ridership is an average of 75 passengers per day. RECOMMENDATIONS AND CONCLUSIONS: In order that there be no impact on the tax rate as levied by the Metropolitan Council, our entire later hour service would need to be deleted. We are recommending that the service be continued since it is meeting the needs of our transit customers as demonstrated by the increase in ridership. Over the years, we have made changes in our transit system to meet the demonstrated demands of our customers while staying within the cost of those services which can be provided for within our transit tax levy. Fred G. Moore, P.E. Director of Public Works attachments: Memos N:\pw\Engincedng\TRANSMMEMOS\1999\IscerServHrsCouncil.doc DATE: June 25, 1999 TO: Fred G. Moore, Director of Public Works FROM: John R. Sweeney, Transit Administrator SUBJECT: LATER SERVICE HOURS ANALYSIS Attached is a memo to me from George Bentley dated June 14, 1999. George's memo is very detailed and self explanatory. It was prepared after discussions with me and clarification from Nancy Bye regarding the impact on a typical Plymouth home due to partial unfeathering for taxes payable in 2000. You may recall that when we implemented the later service hours in December 1998, we promised you, Dwight, and the City Council that we would monitor the ridership closely and report back to the Council prior to July 31, 1999. The reason for this, of course, was the fact that if the new later routes weren't as productive as we hoped, we could still revert back to previous schedules prior to the August 1 snapshot of service taken by the Metropolitan Council with the result being that Plymouth would not be partially unfeathered for taxes payable in 2000. As George's memo indicates, the ridership on Routes 91 and 93 has increased by a combined total of 9.48% over 1998 levels which is substantially over our baseline goal of 3.5% increase which we established to measure success. It is recommended that the later service hours from downtown Minneapolis to Plymouth for Routes 91 and 93 that were implemented in December 1998, be continued due to the dramatic increase in transit ridership attributable to the new service. attachment 1:\pw\Engineering\TRANSMMEMOS\1999\Fred—LAWHn.doc G.C. BENTLEY Assoc., INC. 14292 Golf View Drive P ' ' MN 55346 Transportation and Transit Consulting Eden ra ne, Phone (612) 937-3502 Fax (612) 937-3504 June 14, 1999 MEMO TO: John Sweeney, Plymouth Metrolink FROM: George Bentley > SUBJECT: Later Service Hours Analysis SUMMARY Attached is a spreadsheet analyzing ridership on Plymouth Metrolink Routes 91 and 93 for January through May 1998 —1999. The purpose of this spreadsheet is to help in determining the success of off- peak service (Routes 91L and 93L) from downtown Minneapolis to Plymouth that was implemented in December, 1998. Continuation of these services beyond July 31, 1999 will result in a redetermination of regional transit property tax levels for Plymouth for pay 2000 taxes and a partial unfeathering (increase) of those taxes. Through May, 1999 (the most recent data available), total ridership on Routes 91 and 93 has increased by a combined total of 9.48% over 1998 levels, compared to the goal of a 3.5% increase established to measure success. This translates into 7,790 more passenger trips during the January through May period in 1999 than in 1998. Based on this data, it is recommended that the Routes 91 L and 93L, providing late afternoon and evening transit service from downtown Minneapolis to Plymouth be continued. BACKGROUND For several years anecdotal information had been received from riders of the Plymouth Metrolink Routes 91 and 93 that later service hours were needed to accommodate increasingly flexible work shifts and the need to work later than the latest buses out of downtown Minneapolis would allow. In 1996 and again in 1998 passengers surveys indicated that as many as two-thirds of the Route 91 and 93 passengers would like to have later service hours and would use those services once or more a month. Based on this information, Plymouth Metrolink conducted route planning for possible implementation of later service hours on the Routes 91 and 93. In 1998 the City Council approved these plans and authorized implementation, subject to additional review of the success of the new service prior to August 1, 1999. The new service began December 14, 1998. Later Service Hours Analysis June 14, 1999 Page 2 The date of August 1 is significant because on that date the Metropolitan Council takes a "snapshot" of existing transit services and, based on current law, determines what the property tax levels of cities within the Transit Taxing District will be for the next year. If the new service was not successful it would be necessary to discontinue it prior to August 1 to avoid property tax implications. Plymouth Metrolink established the goal of a 3.5% increase in overall Route 91 and 93 ridership to measure success of the 91L and 93L, comparing 1999 ridership to the benchmark ridership of 1998. The basis of measuring the success of this new service was a statistically proven method utilized nationally within the transit industry. It measures successful off-peak service implementations by comparing overall ridership increases to ridership of comparable periods in prior years. The 3.5% goal set by Plymouth Metrolink was based on regional ridership goals and a 2.8% average annual increase in ridership on Routes 91 and 93 over the past three years. DISCUSSION Off-peak transit service implementations add to the comfort level of peak -hour passengers. Even if those passengers do not utilize the off-peak service they are more likely to ride the peak -hour service knowing there is off-peak service available to them. Passengers see it as a "safety valve" in case they miss their regular bus or have to work late. Results of the 1999 Plymouth Metrolink passenger survey conducted on March 3, 1999, indicated that 91.1% of respondents were satisfied with the 91L and 93L service. Ridership on Route 91 has increased by 10.57% (3,672 passenger trips) and on Route 93 by 8.68% 4,118 passenger trips) in January through May, 1999 compared to the same period in 1998. Measured in terms of lane miles of single occupancy vehicles (SOVs), this overall ridership increase of 7,790 passenger trips represents 44.26 lane miles of traffic removed from local and regional highways during the period January through May. (Assumptions: 7,790 SOVs times 30 feet per vehicle space divided by 5,280 feet.) From 1996 to 1998 Route 91 ridership had increased a total of 23.00 passengers per day over the three year period. In the first five months of 1999 ridership per day has increased by 43.05 over 1998 levels. From 1996 to 1998 Route 93 ridership had increased a total of 1.82 passengers per day over the three year period. In the first five months of 1999 ridership per day has increased by 53.05 over 1998 levels. It is always difficult to directly attribute transit ridership gains to any one cause. Weather conditions can play a role in ridership changes, with inclement weather tending to increase ridership. Marketing efforts and improved transit facilities can also play a role. There was somewhat more inclement weather this past winter than the previous year. Marketing efforts have continued (actually at a somewhat reduced level over 1998), and the Four Seasons Mall Park & Ride Lot has been upgraded (although that upgrade was completed last summer and the ridership gains started in January of this year). Later Service Hours Analysis June 14, 1999 Page 3 The only major change that can be pointed to that would account for the dramatic increase in ridership on Routes 91 and 93 is the addition of later service hours. It can therefore be reasonably concluded that the addition of the 9 1 L and 93L service in December, 1998 is directly attributable to the significant increase in Route 91 and 93 ridership in 1999. PROPERTY TAX CONSIDERATIONS Under existing state law property tax levels for the regional transit property tax levy are determined each year based upon the level of transit service available within a city. The Metropolitan Council makes that determination by taking a "snapshot" of transit service levels on August 1 and establishing property tax levels for the coming year as a result of that snapshot. There are three property tax levels under the regional transit property tax system, all based on the amount of off-peak fixed route service operating within a city. The property tax level is reduced, or feathered," if there is no off-peak fixed route service or limited off-peak fixed route service (measured as service with less frequency than once per hour) in the city. At the present time Plymouth is at the lowest transit property tax level (fully feathered). The continuation of the later service hours for Routes 91 and 93 would result in transit property taxes in Plymouth increasing to the middle level (partially feathered) for pay 2000 taxes, per a prior determination by the Metropolitan Council staff. The annual increase in the transit property taxes for a homeowner with an average value home in Plymouth ($206,300) as a result of this change in feathering levels, based on the 1999 assessment for payable 2000, is $7.42. This amount was arrived at as follows (with assistance from Allen Morris at the Metropolitan Council, their chief property tax expert, and information obtained from Nancy Bye at the City of Plymouth): A. Average home sale price for 1999 assessment for pay 2000 - 206,300.00 B. Tax capacity of average value home - 2,909.95 C. Current tax capacity rate for transit tax - 03092 D. Tax capacity rate increase due to partial unfeathering - 00255 E. Current transit tax on ay. value home (B X C) - 89.98 F. Projected transit tax on ay. value home w/ partial unfeathering (B X (C + D)) - 97.40 G. Increase in transit tax due to partial unfeathering (F — E) - 7.42 Later Service Hours Analysis June 14, 1999 Page 4 RECOMMENDATION It is recommend that the Plymouth Metrolink later service hours from downtown Minneapolis to Plymouth for Routes 91 and 93 (identified as Routes 9 1 L and 93L) implemented in December, 1998, be continued due to the dramatic increase in transit ridership attributable to the new service. This recommendation does not require any action from the Plymouth City Council. However, if it is decided to discontinue the service it is recommended that the Plymouth City Council take action to provide official notice to the Metropolitan Council prior to August 1, 1999. 4 V/ W 0 W 0 0 0 0 0o0000 00 0 0 0 0 o00 o ee oe 0 0 o 0 Nti N NMOh d 0M000, Qr OOOCDOCOrnvtMITOto 00 O 00 O IV z 10 M to co X( N IT M XXX CD Q! 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