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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 BFii'°45 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