HomeMy WebLinkAboutCity Council Packet 01-24-2012 SpecialCITY OF PLYMOUTH
AGENDA
SPECIAL COUNCIL MEETING
JANUARY 24, 2012,5:30 p.m.
MEDICINE LAKE CONFERENCE ROOM
1. CALL TO ORDER
2. TOPICS
A. Consider Agreement regarding transfer of certain improvements between
Silverthorne Homeowners Association and the City
B. Set future Study Sessions
3. ADJOURN
Special Council Meeting 1 of 1 January 24, 2012
rp)City of
Plymouth
Agenda 2ANumber:
Adding Qgdity to Life
To: Laurie Ahrens, City Manager
SPECIAL
COUNCIL MEETING Prepared by: Doran Cote, P.E., Director of Public Works
January 24, 2012
Reviewed by:
Consider Agreement Regarding Transfer of
Item:
Certain Improvements Between Homeowner's
Association and City of Plymouth — Silverthorne
Homeowner's Association
1. ACTION REQUESTED:
Adopt resolution approving Agreement Regarding Transfer of Certain Improvements
between Homeowner's Association and City of Plymouth.
2. BACKGROUND:
The City's Policy Relating to Accepting Private Streets into City Street System was
adopted in 1995 but its origins go back to 1990. In 2009, the City Council approved
changes to the policy and in 2011, the streets in Cimarron Ponds were reconstructed,
assessed and accepted as public streets in accordance with the revised policy.
In August, 2011, the Silverthorne HOA submitted a formal request for the City to
assume responsibility for the maintenance of their streets as set forth in the City
policy. They also asked the City to take on maintenance of their otherwise private
utilities. The City does not have a policy on the acceptance of private utilities as
public. The attached policy and agreements for accepting private utilities into the
public system are modeled after the Policy Relating to Accepting Private Streets into
City Street System.
The policy would require that any townhome or condominium HOA that requests the
City assume maintenance of their utilities must first meet the criteria set forth in the
policy. Staff would formally respond to the HOA by providing a preliminary
indication whether the private utilities would be accepted for public maintenance. If
the policy criterion is met and staff's response is affirmative, the HOA must approve
an Agreement Regarding Transfer of Certain Improvements between Homeowner's
Association and City of Plymouth in order to proceed. This agreement allows the
HOA to bring the private utilities to City standards by undertaking improvements
themselves or the HOA can request the City to undertake the improvements. If the
HOA desires to have the City undertake the improvements, the HOA must escrow
with the City funds to cover the City's out-of-pocket costs in preparing and
administering the agreement. Once the agreement is approved by the HOA and funds
are escrowed with the City, the agreement would be brought to the City Council for
Page 1
consideration and execution. The HOA must also approve a Public Improvement
Assessment Agreement prior to awarding a contract any improvements to the private
utilities.
The City has assumed maintenance responsibility for private townhouse utilities in
the past. Shenandoah utilities were accepted for perpetual maintenance under a
formal agreement, however, the utilities are not on recorded easements. Other private
townhouse utilities have been maintained as public since 1982 based on an informal
memorandum from the City Engineer to the Sewer and Water Supervisor. Chelsea
Woods, Chelsea Mews, Cimarron Ponds, Cimarron East and Plymouth Ponds were
subject to this memorandum, however, at the time, not all of the utilities were not on
recorded easements. Recently easements were provided in Cimarron Ponds and
Cimarron East with the reconstruction of the private streets in these developments.
3. BUDGET IMPACT:
There is no budget impact due to this action. Accepting private utilities as public will
have an ongoing maintenance cost. Watermain costs approximately $5,700 per mile
for maintenance while sanitary sewer costs approximately $5,200 per mile and storm
sewer costs approximately $3,000 per mile.
4. ATTACHMENTS:
Silverthorne Location Map
Private Utility Memorandum
Private Townhouse Utilities Tabulation and Location Map
Policy Relating to Accepting Private Utilities into the City Utility System
Formal Request from Silverthorne HOA
Formal Response from Staff
Agreement Regarding Transfer of Certain Improvements between Homeowner's
Association and City of Plymouth
Resolution
Page 2
SILVERiHORNE 6TH
SCHMID T LAKE RU
PROVIDENCE ACADEMY
S RNE
MOE
SI LVERTHORNE ATH
Page 3
CITY OF PLYMOUTH
34CO PLYMOUTH B!.' II. PLYMOUTH. WNN9SOTA S6447
TELF PK{jNE (012) 659-2600
DATE; April 29, 1982 MEMO
T67 Bab Fasoti,rig, Sewt) arxi Water Supervisor
FROW Fred G. Wibre, City Engir[aer,
SUBJECT: 1,11,11ry 5erwer and Watc main
Chelse4 W"pds/Chelsea M Mdi;tlon andmarry$ Pon"ldiyf Ton$N`—
fl, 5ar4t4('y sewers and watt mafirns-shown on our bi.,a maps far tfseseysLIaren4i4licawnedPael$kls anti mnCenapce i prnvf.cie l forbytheCity, The in4 vn'gbQ unes eta t.. sc with the Citemaillwauld -theax s r%b ;Y,ui Cr'i& ir"wa bwi is aesra ta ior. Ari# r 4 `Che c1q. Tf tFp nni ori any tie tEari a- leas ec niarc r '.
Ore
r
rcm.
bwAi 91
Page 4
Private Townhouse Utilities
Section Tow°nhousgDevelopment Sevver 7 ML—r Stcrm Se-.-;oer Comment
1 Hick Hills 1,5DO 2.,2:13 533
1 ris F1aoe 1,503 1,03
350
3 Bass Lake Hills 333 253
3 Lake Camelot Tm nhomes 1,333 1,833 We -w a
9 ihneri-KWM EZO 1,870 420
10 Fer ntwu ok Manor 7 3 BFA 700
13 P mrxrth Gceen Villas 3 e3D 7M
15 Ferrbrock Townhcmes 1,283 1,83D 800 IND15SandpiperPonds80O1,044
1$ Pa&vie`vRidge 400 500 400 FeDDFds
18 CunersianeComrrrons 2 50D 3,804 em
1 Ferribmak C4fioE- Park 5f3 833
21 V--llirgtcn Park X133 503
213 For. Forest 400 90D NOFecord5
28 Mallard Point 1,513 1,833
M Parti:. a Lake Nath 333 Cul-de-sacs not on easements
31 FTh ---
2232 la=_ 210
36 Wilb-,Y c€5 Estates 500 503
35 Trenton Ponds 1.044 1,-D 55D
ifs TN--VillageatBessettCreEk 1,2'00 1,?03
Currerrt FTEs 72:0 1 1.33 45
Total All Devebpments 21,997 28,701 5,350,
Milo 4.2 5.4 1.0
Currerrt Mikaege 310 350 135
Inuessr= 1.3% 1.6% 02%
Milos Far FTE 43.06 31.82 30.34
Similarly Situated Developments 10,260 13,250 -V Z97D
Miles 1.9 2-5 0.5
Curent h.lilEs•ge 310 350 135
IrKxeose 0.6% 0.7% 0.4%
Potential Maintenance Casts
All Developments Total Cost
S5,200.DD Sealer PEY I,1ile PET Yee- $21,683.91
SE•TOD.00 Wats Per r -AIS Per Year 530,984.03
S3%OOO.DD Storm Sewer Per M1ire Per Year 53,039.77
S 55,&V.72
Similarly Situated Dexelopments Total Crsst
S5,200.DD Seaver Pel Mile FY Ys, S11).1D4.5.5.
S5, 700.00 Water Per Mile F'ar "YEar 514,303.98
S3,O DD .00 Stix m Seer Per Mike Per Yee- $1, 517.0 5
Page 5
J M7ir
POLICY RELATING IOAC.C.EPIINGPR KAIE
UTILIIIES INIO CIIY -UTILIIY SYSTEM
Purpose
The City Counc-d desiresto est_blish its position onccusiderins'the _4ceptM=e c..
oustingprivate utditie_ into the Cir,- utdird system.
Background
The Cit;- has several miles c.pii. _te13 oi{medutilities --"of which the City.provides no
m.ainten-mce s ervltes. Perio dt 11;. thel rAri ate utility ou-ner3, generally h amecwner's
as soeiations (HOAs): inquire about the pas sibility of has"inLy the City as sumo ownership
and ongoing maintenance optheir utilities. This policy defines the conditions under ;-high
the Ctty Council -%gill cons ides _ccel;ting private utilities into the Cit,, systEau.
Policy
1. Tc be comidered for acceptance by the City, as public utilities, thep ri ate utilities
mu_ meet the folie+".'l•ing requirements:
a) Must s erre a tovL home or condominium as smiation.
b''Us Ibe =L1e t h-mve defined right-of-way as a separate leLyal parcel or
e_=ement on a separate legal parcel.
E._ch adjacent dwelling unit must be on 4,legal pard or have a
separatepropety-identi=dc_tian number (PIN).
d) The prate utilities were approved as part of the City subdivision
approvalpfccess. Sem ces x -M not be eansideredas private utilities.
e' Acceptimg the utilities must sereapublic purpose.
Thel r' _te utilities must meet Cir; denim standards. If the utilities do not
meet City standards, they must be upgraded in order to do so.
fin _¢reemeut , prol"t edb- the Citi- and in the Cit-'s pc:rnu_t, must be appro edba;
the m_jorirb l ercentage spici=led in homed{;nom s assaci_tion do vents toiv }
public owner_hiLp of e_sement. The agreement must include 11 pf _te utilities which
rethe resr msibilir; open OA. Acopy, of the agreement is attached hereto _ten
m_de _ pa -1 c= this poli ;'
3. LTpon receipt c pthe _areement, the City will perform =n en¢ineeriug study on the
priyateUtilities. identi a Lin condition, maiWeUMCe. and s lfetV issues. Private Utilities
wM be considered par acceptame into the Circ `s utility. system only. if the engineering
studyiudicates that the utilities me6t City standards.
Page 7
4. If recommended by the engineering study. the City, will preliminarily accept the
utilities by. providing the HOA a preliminary. tndic.ation as to whether it will accept
theimprovements and ;gill alsoidentifw items that do not conform to City- standards.
a- Items that do not conform to City- standards must be rep wed, replaced or
upgraded before acceptance by the Cite. The HOAmay- elect to upgrade the
private utilities to Citi standards or request the City to perform the upgrades.
b. If the City agrees to perform the upgrades; the homeru-ners will be assessed
1W.4 ofthe Costs to undertal-e the upgrades. At the time Of preliminary,-
acceptance of the private utilities into the City- system. the asses sment for
upgrades shall be calculated and provided to the HOA.
6. The HO Amust, by the vote as specified in the HOAdocuments. grant an
easementor fee title for the right-Df-wky without cost to the Citi-; free and clear of
any encumbrances.
When accepting private utilities as public utilities: no special consideration for
m:mutenauce vrill bei en Dvet public utility- maintenance policies and
procedures.
The City Council's feel anon to adept aprivate street as a public street sh=11 be
atombiued action including:
aj Adopting the asses s ments for utility. upgrades.
bj Accepting th e eas ements.
c) Accepting the utilities.
d) Awardinz a contract for utility- upgrades.
9. The final action will oc:-ur =-rter _11 reequiredpublic hewLEg7s with notffteation to
property- Dumers.
Page 8
Silverthorne Homeowners' Association
P. O. Bog 46-123
Plymouth, NIN 55446
To: Doran M. Cote P.E. August 17, 2011
Director of Public Works
City of Plymouth
3400 Plymouth Blvd.
Plymouth, NIN 55447
Dear Mr. Cote!
Thank You for meeting with us on Tuesday August
16th.
We at the Silverthorne Homeowners Association wish to inquire as to
the City of Plymouths position of taking over the maintenance and
repair of our main storm sewer, water supply and sewer lines as
provided to other City of Plymouth homeowners.
If this were to happen we realize as homeowners we would be
responsible for repair from our own units to the main lines.
Can you please provide us with this information and anything we would
need to do to have the city take over these areas of concern?
Thanking You in Advance.
Sincerely!
ED Etzel 763-557-0150) President
oh 5urnn (763-559-7356) Treasure
V
RECEIVED
AUG 18 2011
Page 9
August 30, 2011
Mr, Ed Etzel
Mr. Robert Sump
Silverthorne Homeowners' Association
P.O. Box 46-123
Plymouth, MN 55446
SUBJECT: Silverthorne Private Streets
Dear Sirs:
I have received your request for a preliminary indication whether the City would accept the private
streets in your development as public. I believe that the private streets could be considered for
acceptance by the City provided the streets are reconstructed to City standards in accordance with the
attached policy. The streets do not meet current standards for width as your streets are only 20 feet
wide and the standard is 24 feet. They also do not meet the standard due to the lack of a cul de sac
turnaround on Orchid Lane. As we discussed, the curb on all of the streets is in generally poor
condition and would also not meet our standards and would need to be replaced.
The Silverthorne Homeowners' Association (HOA) must approve the attached Agreement Regarding
Transfer of Certain Improvements Between Homeowner's Association and City of Plymouth in order
to proceed. This agreement allows the HOA to bring the private streets to City standards by
undertaking improvements themselves or the HOA can request the City to undertake the
improvements. If the HOA desires to hove the City undertake the improvements, the HOA must
escrow with the City funds to cover the City's out-of-pocket costs in preparing and administering the
agreement.
Based on this information, please submit a signed agreement and a check for $20.00/per linear foot for
the streets to be deposited into an escrow account so that we may process the agreement. There are
approximately 1,100 linear feet of private streets in the Silverthorne development. Once the agreement
is approved by the HOA and funds are escrowed with the City, the agreement would be brought to the
City Council for consideration and execution. The HOA must also approve a Public Improvement
Assessment Agreement prior to undertaking any improvements to the private street.
If you have any questions, please feel free to call me at 763.509.5501.
Sincerely,
Doran M. Cote, P.E.
Public Works Director
enclosure
Page 10
O: Fngineering-OFNERAL POLICIES'9ilverthomeTrammitta[Lerier5lrws.ducs
August 30, 2011
Mr. Ed Etzel
Mr. Robert Sump
Silverthorne Homeowners' Association
P.O. Box 46-123
Plymouth, MN 55446
SUBJECT: Silverthorne Private Utilities
Dear Sirs:
I have received your request for a preliminary indication whether the City would accept the private
utilities in your development as public. As we discussed, the City does not currently have a policy for
accepting private utilities as public, however, I have prepared a policy for City Council consideration.
Based on the draft policy, I believe that the private utilities could be considered for acceptance by the
City as shown highlighted on the attached plans. The Silverthorne Homeowners' Association {HOA}
must approve the attached Agreement Regarding Transfer of Certain Improvements Between
Homeowner's Association and City of Plymouth in order to proceed. This agreement allows the HOA
to bring the private streets to City standards by undertaking improvements themselves or the HOA can
request the City to undertake the improvements. If the HOA desires to have the City undertake the
improvements, the HOA must escrow with the City funds to cover the City's out-of-pocket costs in
preparing and administering the agreement.
If the City Council approves the policy, we will require a signed agreement and a check for $5.00/per
linear foot for the utilities to be deposited into an escrow account so that we may process the
agreement. There are approximately 3,110 linear feet of private utilities in the Silverthorne
development. Once the agreement is approved by the HOA and funds are escrowed with the City, the
agreement would be brought to the City Council for consideration and execution. The HOA must also
approve a Public Improvement Assessment Agreement prior to undertaking any improvements to the
private street.
If you have any questions, please feel free to call me at 763.509.5501.
Sincerely,
Doran NI. Cote, P.E.
Public Works Director
enclosure
Page 11
O: Engineering.GENERAL POL[CIES`SilveahomeTmnsmittalLetmrGlili[ies.J,)"
AOP:EENIE'QIP_E -PDD;GIP_:'NSFEROFC:ERT--U. INfPP.OI-E_-NIE' IS BEIWEEN
IIONfEOII-NEP"S .SSOCI AII N A. D C.III- OF PLYNIO' IIS
Ti:-: into _z t - .2012 b ev eeuI e C it; L - Plym utL
City and [inseo,t name of association] I,' t.tiiarion' .
Sy
REE C I I A:LayS
S S} IU yy 5 ,y y A. The Ass o iation is the SSS 41T n11 4 L1LL 14 11LL11Lt Lth3 • IUFT- 7 em eats 1c c—=ted ul
insert name of den-elopwent] located at [insert address].
B. The Association wishes to transfer o};-nership, opefation, and maintenance of the
lmprovements to the Citi-.
C. The City is willing to accept the Improe-ements and be responsible for their future
maintenance and opefation. if the Improvements meet Citi standards.
Now therefore in consideration of the mutual covenants and conditions sat forth in this
gfe-nimi. the Cit*- and the A: -z: -:o, -Latton arae as follows:
AIICLE O-E
ASSOCIATION'S FORNL-L REQUEST
FOR AC:CEPIAN C.E OF I NTROVE EN IS
1:. the uprovements that the Assoeiationi; i he to, transler to. the Cit e listed in Exhibit A
to t}hi=_22reement.
1.02. The his so ation will nld loci and mark-, of will. cause to hm-e located and mak-ed, at the
Association's expense: each of the Improvements listed in Exhibit A as well as pri'Vate
sett{-. storm se-r. eleti~tric. s<as and telecommunications utilities.
1.03. The Association will provide to the Citi- the as-builtplans and any- -misting maintenance
records for each of the Improvements.
1.0k1. The City will provide indication as to whet of it will. accept each of the
Improvements.
ARIICLE I11-0
CONDIIIONS FOR ACCEPIANCE
OF INIPROVE_NIE IS
2.01. Any. ImpTavement under eonsidefation fcr=L4eptance by the City. must heinspaeted for
conformance to the Cit*;'s standards and for conform=uee to the Citv's standard detail
spe-i=ications. The Cit*- will not accept items that do not conform tothme standards. Items that do
Page 12
not conform will
Abe
identified b the Cite and must b--repErad. replaced -or upgraded befare
a'c ce by tile City.
2.0 .. Cite to Upuade Improvements. The Asso i-itn mai- elect to have the Improvements
upgraded to City standards in s Polis; -1? elating to Accepting Private Utilities
into the Cite Utditv Svstem. By signing Below. the As sa"i-.tion makes lmuum their desire to have
the Improvements upgraded by the Cir;.
The Cir,- shall, at their discretion, make the determmi2 ion whedzef tL• proceed %:-th the
ImPdaVMents. The Cir; will provide the preliminary indicat on as identifted _bhow-et-. the
City Council shall make the find determination ti;-hefer to undertake the Imptc--ements.
If the upgrades are undertaken by the Cit{-. the follovLiag requirements sh11 appl,-
2.02.1 _q.e ng Apr ent. The As sedation must apprat a an as ses sment agreement t4
be assessedtheirpardon of the Improvement costs. If the assessments are challenged, the
Associatian is responsible for all costs incurred by the Cit;- due to said challenge.
2.02.2, , V Z g Prue. The Cita- may- at their discretion: c4M to assess the
Associiadtrn's portion of the Improvement Lasts to onneed property of the
As socio.
x.03. Association to Uwyrade hnprDvements. The Association m=; elect to upgrade the
Improvements so that they cumplj- with Citi- standards provided p1E.ns and Teciacatians are
approved by the City CApprovedPlans" j. By signing below. the Assooi=-tion uta e=_ known their
desire to have the Improvements upgraded y the Association.
If the upgrades are undertaken by the Association, the following requirements shall apply_
03.1. Staking. Surve-%-= and Inspections. The Association, through its engineer, must
provide all staking. sure --e Mg and Inspection records for the Improvements in order to
ensure that the completed Improvements ;nonfarm to the Approved Plans. The Citiwill
provide for genera inspeedon. The Associaton must ncti?- the Cit; of all tests to be
performed.
2.03.2. L.Tnsatisfacton Labor orr Materiel. In the event that the Citi- rejects as defective or
unsuitable any material ur labor supplied by the As s aviation, then the r1j ecred material must
be removed and replaced with approved mat rid and the rejected Labor must be done again
Page 13
to the Approved Flans and approval of the Cit-; =nd at the sole -cost and Tipense c.=the
As sociation.
73.3. Time for As soc .at on's Perfoamanee. Improvements that require upgrading -:re to be
completed within '90 days after the date of this :w ent, unless Mended by the City
Enginetr. 30 dad- extensions must be requested by the Asso iation in writinz with details
explaining the need for the extension.
2.43.4.Ma tenance of Improvements. The Association shall be responsible fof 11
maintenance. upkeep .and repair of the Improvements until such Improvements are
completed and _Lielatedby. theCita.-. The Associationhereby anrees to indemnifi- and hold
the City h2rml3== :'r cm ani- and all claims -,-Df damage= o- =nv nature what's oevef arising out
ofAss ation-s _cts cr cmissicus inperformmgthe eblig_tions imposed upon Association
by this paragraph. - -
2.03.5. Additional Work or Materials. All -work -covered bv this Agement shall be done at
no expense to the Citi-. The As s ociat on shall not do any ijwk- or furnish ani- materials not
covered by, the Approved Plans unless such work is first approveed by the Citi-. An; sucli
work- or materials that mai- be done or furnished by the As s c dation or its contr=ctcr without
prior written order are furnished at the Asscciaticn's cr c11ntr21-10r-s cti;M risk.
2.03'.6. As -built Plans. Upmcomple on of the%T,-ofk-: the As scci :tion shellpf Mide the City
with = -5111 set of as -built plans of the upgrades to the improvements iu a faint similar to the
e =- ple provided in :appendix B -'or Cita- records.
I '' - e- n a xn -} - r - re ntred by the Citis.lf }. Final1nsv ctiona L.-pt L, eon comp etion 4.- "^ }v q 1
i=..n ineef or designated representative: the Cl -r; Engimeer and representatives of the
Ass iation sicntt tor d+or iueet'. ill makeafinalinspe tion of the work. The Cit-;
Engineer shall be satisfied that .allwofk is satisfactorily- completed bt accordance ivith the
AgprovedPlans, and the Association's engineef shall submit a written statement -tte_tiuL7 to
the same. The final approval and acceptance of the Improvements shall take the =crnt c:.
resolution duly passed by the C Lt-,- Council on the advt,-e o = the Citi- Engineef.
ARTICLE THREE
EASEMIE IS AND CIIY C:OSIS
3.01. Easements. The AssodatianshallpraVideinreccrdable=4rmatthenece_ :-r; e 23 em ents at
no cost to the Citi-. Thes e eas ements shall be iu a form acceptable to the Citi; Engineer =t their s ole
discretion. The Cita- shall record the easements promptly after the acceptmtce c= the hark by the
City, Council.
F -mm ent of Circ Coats. L.pon --x ecuti on of this Azfeement, the As3ooi_tian shall pay- a
debcsit into the escrow- account of the City- in the amount of 55.' 5._i e dollars) per lineal foot of
improvements to be transferred. These monies are to be used by the C it -- to pay its out-of-pocket
costs in pfeparing and administering this Agreement. The out -o= -pocket cots to be paid shall
Page 14
include. butnotbelimited to. attomei %7's fees. engineering fees; .and other technical or professional
asststance.inCludingthe;irk fthe ft staff demployees. h b1m ar afuin in
the fundis les s than 51. DI ). N, .one thous and dollars): the As s ociation shall; upon request by. the
City: deposit the amount required to re-establish the fund balance at 55.006.00 (fire thousand
dollars). Uponcompletion of all -work required by this Aueement, ani,- balance remaining shall be
refunded to, the 4ssaciation.
ARIICLE YOUR
OTT ER REQUME?1IEN IS
d- 15 Nomithstandingan rthing to the contrary. in this gre fent. the Citi-. its
officials, =gent= and employees shall not beper sonall_y li_ble or responsible in auk- manner to the
As soctation. the As s oa' aticn's contractor or subcontractor. material suppliers: laborers or to anV-
other person or persons far ani- Maim, demand. damages, actions or causes of action of any Idnd Cr
character ar shig out of or by real on of the oiecuti:on of this kgreement or the performance and
Completiion of the work required b y this zr ement to be performed by the :as sociation. The
Association u -M save the Cit_-, its officials, agents and employees har1less :from .all such :Claims,
demands. damages. or Causes of action .and the costs. disbursements. and --%pensesof defending the
mie. including but not limited to. attorneys fees. consulting engineering sen -ices. and other
techniCl or professional assistance. including the work- of LCit-a staff and employees.
N ar-x ithstmdin_Lz the fo'remng:
nothingmi
this kgf--ment shall be -construed to waive or limit any
immunity from or limitation on liability to v;,hkh the Citi- is entitled_ under Minnesota Statutes
C:hapter X66 or oth 'ise.
D2. Underzround Utilities. TheAs s c Ci=tion shall contact the eleCrriC, telephone. gas .and cable
companies that are authorized to provide sen ice to the property- for the purpose of ascertaining
wh-eher any of those utility providefs intend to install underground lines within the development.
The Associn'Dnagreestocomply with applkablerequirements of franchise ordin-mces iiu effect in
the City: Copies of which are available from the City. Clergy.
Ui_. :after acceptance of the Improvements. the City as sume:s no obligation or dur; to maintain
them be--ond the standards set out in the appliC=Lle Ciry ?,:_1:.:_ies.
ARIICLE FIVE
MISC.ELLA EO`U: PROVISIONS
5.C-1. :amendment. Anv mieudmeut tc thi5 reement mu=t be Ln writing _rid =_igned L; both
pities. - - -
5.02. As signment. The As s oCi€tion mav- not transfer or as sign .any of its obligations under thi=
A_-feernentwithoutthepriorwritten consent of the Citw:.which shall notbe unreasonably withheld.
xR!-214324v!
BK70— 4.6
Page 15
5.03. Severability. 'The pro'k-:signs of thi_ A freement Ue sevffable, and in the event that any
provision ofthis A greeuent is found invalid. thereuiprop inions shall rain in full force and
effect.
5.0.4. -Notices. All notices. certificates or other communications required to begiven to Citr; and
c1i_tion hereunder =h11 be sufficiently zi--m .and shall be deemed riven when delivered or
hem depc_ ited in the United States mail; first class; with postage full- pr-epaid and addressad as
4llclv;:
To C it-;: City of Plymouth
3 Ph, -mouth Boulevard
Plymouth;, WN 554-4-7
Atte: City En_gineff
To Associatwn:
The City..and the Association, by noticegig en hereundef, may designate different addresses to
whiieh subsequent notice- certfficate or other communications should be sent.
5.05. o Third Part,- Benah--'Lwv. This Agreement and an;- financil 2narantees required
pursuant to its terms :re not intended for the benefit of any third 'Pam.
5. My lic_b1a L. w. This A2re.mmt shall be governed by and construed to atccrdanLe xvith
the laws cf the St_te - f=te c f N innesot
LN 14TFNES S OF TEE A NT-, the parties have caused this Agreem°=to be --xecuted on the date
and: year written _b ave.
214124i
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Page 16
MY OF PLYMOUTH
By
PA MayoT
By
k Cky MmkwT
ASSOCLknONT
By
Its
Page 17
CITY OF PLYMOUTH
RESOLUTION N0. 2012-
A RESOLUTION ADOPTING POLICY RELATING TO ACCEPTING
PRIVATE UTILITIES INTO CITY UTILITY SYSTEM AND APPROVING AGREEMENT REGARDING
TRANSFER OF CERTAIN IMPROVEMENTS BETWEEN HOMEOWNER'S ASSOCIATION AND
CITY OF PLYMOUTH AND PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT
WHEREAS, the City does not have a policy for accepting private utilities into the
City's utility system; and
WHEREAS, the City has been requested to assume maintenance responsibility for
utilities in a private development; and
WHEREAS, the proposed policy is modeled after the City's Policy Relating to
Accepting Private Streets into City Street System; and
WHEREAS, the new policy would require the execution of two subsequent
agreements.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: Approves Amendments To
Policy Relating To Accepting Private Utilities Into The City Utility System, Agreement
Regarding Transfer Of Certain Improvements Between Homeowner's Association And
City Of Plymouth And Public Improvement Special Assessment Agreement.
Approved this 24th day of January, 2012.
Page 18
rp)City of
Plymouth
Adding Quaky to Life
SPECIAL
COUNCIL MEETING
January 24, 2012
Agenda 2BNumber:
To: Mayor and City Council
Prepared by: Laurie Ahrens, City Manager
Item: Set Future Study Sessions
1. ACTION REQUESTED:
Review the list of pending study session items and schedule dates as desired. Calendars are
attached for your use.
Page 1
Pending Study Session Topics
at least 3 Council members have approved the following study items on the list)
Fire Study
Discuss trails
Redistricting
Other requests for study session topics:
Update with City Manager (summer 2012)
Update on Northwest Greenway acquisition (after 5/1/12)
Funding infrastructure improvements in Northwest Plymouth
Page 2
r Plymouth
Adding Quality to Life
January 2012
1 2 3 4 5 6 7
6:00 PM
7:00 PMNEWYEAR'S DAY SPECIAL COUNCIL PLANNINGObservedMEETING
NEW YEAR'S DAY Discuss Proposals for COMMISSION
Peony Lane/Lawndale MEETING
CITY OFFICES Lane Project Council Chambers
CLOSED Medicine Lake Room
8 9 10 5:30 PM 11 12 13 147:00 PM 7:00 PM
SPECIAL COUNCIL ENVIRONMENTAL PARK $ REC
MEETING* QUALITY ADVISORY
Medicine Lake Room COMMITTEE COMMISSION
7:00 PM EQC) MEETING PRAC) MEETING
REGULAR COUNCIL Council Chambers Council Chambers
MEETING
Council Chambers
15 16 17 18 19 20 216:00 PM 7:00 PM CANCELLED
SPECIAL COUNCIL PLANNING SKATE WITH THE
MARTIN LUTHER
MEETING COMMISSION MAYOR
KING JR.
Discuss Council Goals MEETING Parkers Lake
BIRTHDAY
and Legislative
Priorities for 2012
Council Chambers
Observed Medicine Lake Room
CITY OFFICES
CLOSED
22 23 24 5:30 PM 25 7:00 PM 26 27 28
SPECIAL COUNCIL PLYMOUTH ADVISORY 7:00 PM
MEETING COMMITTEE ON
HRA MEETING
Discuss Private Utilities TRANSIT (PACT)
REGULAR MEETING Medicine Lake Room
for
Medicine LaeLakee Roomo Medicine Lake Room
7:15 PM
7:00 PM PLYMOUTH ADVISORY
REGULAR COUNCIL COMMITTEE ON
MEETING
TRANSIT (PACT)
Council Chambers
STUDY SESSION
Room
29 30 31
Receive update from the Citv's prosecutor
Modified on 01/20/ 12
Page 3
r Plymouth
Adding Quality to Life
February 2012
Modified on 01/20/ 12
Page 4
ice
1 2 6:00 PM 3 4
7:00 PM BOARD AND
PLANNING COMMISSION REC-
2:00 PMOGNITIONEVENT
FIRE 8 ICEPlymouthCityHallMEETINGFESTIVAL
Council Chambers Parkers Lake
7:30 PM
CHARTER
COMMISSION
MEETING
Medicine Lake Room
5 6 7 8 9 10 11
7:00 PM 7:00 PM 7:00 PM
PRECINCT ENVIRONMENTAL PARK It REC
CAUCUSES QUALITY ADVISORY
COMMITTEE COMMISSION
EQC) MEETING PRAC) MEETING
Council Chambers Council Chambers
12 13 14 15 16 17 187:00 PM 7:00 PM 7:00 PM
REGULAR COUNCIL PLANNING HUMAN RIGHTS
MEETING COMMISSION COMMITTEE
Council Chambers MEETING MEETING
Council Chambers Medicine Lake Room
19 20 21 2 2 7:00 PM 23 7:00 PM 24 255:30 PM POLICE DEPT.
SPECIAL COUNCIL PLYMOUTH ANNUAL
PRESIDENTS MEETING* ADVISORY RECOGNITION
DAY Medicine Lake Room COMMITTEE ON EVENT
TRANSIT (PACT) Plymouth Creek
MEETING Center
CITY OFFICES Medicine Lake Room
7:00 PM
CLOSED HRA MEETING
Medicine Lake Room
26 27 28 297:00 PM
REGULAR COUNCIL
MEETING
Council Chambers
Pz rkers Lake Cemetery
St eet Lighting Rates
N ise Ordinance
H tel Registration Ordinat
Ci y Manager Update
Modified on 01/20/ 12
Page 4
ice
City of
Plymouth
Adding Quality to Life
March 2012
Modified on 01/20/ 12
Page 5
1 2 3 9:00 AM -
12:00 PM
CITY SAMPLER
Plymouth City Hall
4 5 6 7 7:30 AM 9 10
STATE OF THE
CITY MEETING
Council Chambers
7:00 PM
PLANNING
COMMISSION
MEETING
Council Chambers
11 12 13 14 15 16 177:00 PM 7:00 PM
REGULAR COUNCIL ENVIRONMENTAL
MEETING QUALITY
Council Chambers COMMITTEE (EQC)
MEETING
Council Chambers
Daylight Savings
Time Begins
18 19 20 21 22 23 247:00 PM 5:30-8:00 PM
PLANNING ENVIRONMENTAL
COMMISSION QUALITY FAIR
MEETING Kimberly Lane
Council Chambers Elementary School
7:00 PM
HRA MEETING
Medicine Lake Room
25 26 27 28 29 30 31
7:00 PM 7:00 PM
REGULAR COUNCIL PLYMOUTH
MEETING ADVISORY
Council Chambers COMMITTEE ON
TRANSIT (PACT)
STUDY SESSION
Medicine Lake Room
Modified on 01/20/ 12
Page 5
r Plymouth
Adding Quality to Life
April 2012
1 2 3 4 5 6 7
7:00 PM
PLANNING
COMMISSION
MEETING
Council Chambers
Passover Begins
at Sunset
8 9 10 11 12 13 5:00-9:00 PM 14
6:00 PM 7:00 PM
5:00-9:00 PM
PRIMAVERA 10:00 AMP.
BOARD OF ENVIRONMENTAL
PRIMAVERA
Plymouth Fine ERAPRIMAVERA
EQUALIZATION QUALITY Arts Council Show Plymouth Fine Art
Council Chambers COMMITTEE
Plymouth Fine Plymouth Creek
Center Council Show
EQC) MEETING
Arts Council Plymouth Creek Cent(
7:00 PM
REGULAR COUNCIL
Council Chambers
Show
Plymouth Creek
6:00-8:00 PM
YARD Et GARDEN 9:00 AM 1:00 PM
MEETING Center EXPO YARD Et GARDEN
Easter SundayPlymouth
Council Chambers Creek
Center Fieldhouse
EXPO
Plymouth Creek Cent(
15 16 17 18 7:00 PM 19 20 21
1:00-4:00 PM 10:00 AM -4:00 PM PLANNING
PRIMAVERA 7:00 PM -8:30 PM
COMMISSION
Plymouth Fine PRIMAVERA MEETING
Arts Council Plymouth Fine
Council Chambers
Show Arts Council
Plymouth Creek Show
Center Plymouth Creek
Center
22 23 24 6:00 PM 25 26 27 28
7:00 PM 7:00 PM
BOARD OF PLYMOUTH HRA MEETING
EQUALIZATION ADVISORY Medicine Lake Room
Reconvened COMMITTEE ON
Council Chambers
TRANSIT (PACT)
7:00 PM STUDY SESSION
REGULAR COUNCIL Medicine Lake Room
MEETING
Council Chambers
29 30
Modified on 01/20/ 12
Page 6