HomeMy WebLinkAboutCity Council Packet 04-11-1994 Special 2I'2p City of
Plymouth
Adding Quality to Life
Materials for City Council Meeting
3400 Plymouth Blvd • Plymouth, Minnesota 55447-1482 • Tel: 763-509-5000 • www.plymouthmn.gov -1,,
CITY COUNCIL STUDY SESSION
MONDAY, APRIL 111994
following Board of Review)
Council Conference Room
I. School District 284 Park and Joint Powers
Agreement
i.1.07.94 15:62 FAX 612 314 8898 POPH M HAIK
JOINT POWERS AGREEMENT
THIS AGREEMENT is entered into as of this day of 1994,
between the City of Plymouth, a Minnesota municipal corporation ("City") and IndependentSchoolDistrictNo. 284, a governmental subdivision of the State of Minnesota ("District").
RECITALS:
City and District have a common interest in the development of a combination park
and school complex on certain property consisting of approximately 161 acres located at the
northwest quadrant of Peony Lane and the CP Rail right-of-way in Plymouth, Hennepin
County, Minnesota legally described on Exhibit A and depicted on Exhibit B (the "Site").
Suitable land for either a park or a school building is relatively scarce in the
community served by the City and the District.
City and District could realize substantial capital savings by joint development of such
improvements on adjacent land because, among other things, certain portions of the
improvements can be shared and used jointly by the City and the District.
For similar reasons, there is the likelihood of some savings in operating costs because
of the shared facilities and because of the opportunity for using single source providers andcooperationinsomeoperations.
The parties wish to accomplish these aims by entering into a joint powers agreement
as authorized by Minnesota Statutes, Section 471.59.
NOW, THEREFORE, in consideration of the premises and the reciprocal promises
contained in this Agreement, City and District, pursuant to the authority of MinnesotaStatutes, Section 47I.59, agree as follows:
1. Pn ose. The purpose of this Agreement is to achieve the stated purposes
according to the following program (the "Program"):
a. Ac_ sition. The City and the District shall acquire title to the Site in the
name of either or both. The District shall act to acquire the approximately 130acreparceldesignatedParcelAonExhibitB. The City shall act to acquire the
approximately 30 acre parcel designated Parcel B on Exhibit B. The purchase
price of Parcel A and Parcel B shall be deemed to be $17,500 per acre (net of
roadway easements). That price and other costs of acquisition of the Site,
including the cost of common legal work necessary for the development of the
Joint Powers Agreement and the acquisition of the Site shall be totaled and
allocated between the City and the District proportionately based on the
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r
percentage of the total acres of the Site acquired by each party. In all other
respects each party will be responsible for its own individual attorneys' fees.
b. Planning of Site. District in consultation with City shall design the plan for
the subdivision of the Site into separate parcels for the park and recreation
facility ("Park Parcel") and for the school facility ("School Parcel"). It is
agreed that the selection of a good location for the School Parcel will have the
highest priority but that the School Parcel will not be located so as to leave an
unusable or highly inefficient Park Parcel. District shall submit such plan to
City for review and input prior to completing the final plan. The District in
consultation with City will select an architect for overall site planning of theSiteandfortheschoolfacilities. The District's architect will be used for anySharedFacilitieswhichareintegralwiththeschoolfacilities. The parties will
agree upon an architect to be used for any Shared Facilities which are separate
from the school facilities. Overall site planning costs will be borne equally bytheparties. Planning and design costs for each party's separate facilities will
be borne by said respective party. In particular, all costs of meeting State
Board of Education requirements will be the cost of the District.
G Land Use Approvals. It is acknowledged that at present it appears that the
District must have a high school ready for occupancy by February 1997 and
that the consequence of delay in the land use approval process affect the
District to a greater degree than the City. Accordingly, the District will direct
the preparation and processing of all land use applications and petitions relyingheavilyonthestaffexpertiseoftheCity. The parties acknowledge that the
entire project can be delayed until the District voters approve a bond
referendum.
d. Shared Facilities. Some portion of the Site, including access drives, parking,
and open spaces, and perhaps tennis courts, community facilities, a second
gymnasium or other sports facilities,may be used by the parties on a shared
basis ("Shared Facilities") and the parties will determine whether each such
Shared Facility shall be owned by the City, the District or some other entity. In any event, title shall be subject to an easement or shared use agreement. In
addition, the parties may from time to time agree upon a lease or shared use
arrangements for rooms or spaces within either party's buildings.
e. Environmental. The parties will jointly select a consultant for the preparation
of the environmental assessment worksheet, and will share the cost equally.
f. Governmental Fees. Special assessments and park dedication fees will be
borne by the parties in proportion to the respective areas of the School Parcel
and the Park Parcel, except that, to the extent a special assessment includes
utilities which are sized in excess of what they otherwise would be because of
the anticipated load of the school facility, that portion of such special
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assessment which fairly represents the cost of the excess sizing will be borne
by the District. Sewer and water area and connection charges assessed to the
school facility or the park facility will be borne, respectively, by the District or
the City, and such charges assessed to Shared Facilities will be shared equally.
g. Development. The City and the District will develop the Site including,
without limitation, grading, installation of utilities and construction of roadways
and driveways, dividing the costs on an equitable basis to be decided between
the parties. Each party will be responsible for any soil compaction or
correction necessary to support its own structures.
h. Construction of Facilities. District will at its own cost, design and construct
its school facilities and City will at its own cost, design and construct any
facilities for its exclusive use. The parties will jointly design and construct any
Shared Facilities, dividing the costs on an equitable basis to be decided
between the parties.
i. Operations. Each of the parties will, at its respective cost, maintain and repair
its own facilities and parcel, subject only to such express agreements as the
parties may later determine with respect to Shared Facilities whether located on
an individual parcel or on a jointly -owned parcel. The principle of cost sharing
for all costs of maintenance and operation of Shared Facilities shall be a
reasonable approximation of the relative burden and deterioration each party's
use places upon each such Shared Facility. The parties express their intent to
look for opportunities to make joint agreements with providers, to pool efforts
and to barter services between them in order to increase efficiency or
performance or minimize costs.
Grade Separated Crossing. The parties acknowledge that a grade separated
crossing in the form of a road bridge will be needed over the CP Rail crossing
of Peony Lane because of the traffic generated by these new facilities and the
development of northwestern Plymouth and the safety of that traffic. The City
will pay for the design and construction of the bridge structure and its
supporting abutments and piers. All other costs of such installation, including
the approaches to the abutments, will be either assessed by City against the
property of all landowners located near the Site who benefit from such
improvements as may be permitted by special assessment law or shall be paid
by the City.
k. Funding. It is agreed that the City shall advance $235,000 for the acquisition
of Parcel A on or before May 11, 1994 and $880,000 or more for the
acquisition of Parcel A on or before July 1, 1994. To the extent such advances
include a portion of the District's share of Site acquisition costs, such advances
will be reimbursed to the City at an agreed upon date, but in no event later
61022040559 4nN4 3
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than December 31, 1994, together with interest equal to the average investment
pool income then received by City.
1. Liabili and Insurance. During the development of the Site, but before any
of the facilities are in operation, one or the other of the parties, by agreement,
will add the Site to its general liability coverage, naming the other party as anadditionalinsured. Such coverage will be in addition to all liability, builder's
risk and workers compensation coverage which will be required of contractors
working on the Site. Once the Site is legally separated into two parcels, one
owned by each of the parties, but before operations begin in any of the
buildings or site facilities, each party will be responsible for liability coverage
of its own parcel, provided however, that the parties will negotiate and
formalize an agreement reasonably allocating liability insurance costs,
responsibility for liability claims, and indemnifications with respect to the use
of shared facilities, and the use of facilities on one parcel by the owner of the
other parcel.
The specific provisions of this Program set forth in this paragraph shall govern any
apparently inconsistent language contained elsewhere in this Agreement.
3. Arbitration. Whenever there is a failure between the parties to agree on a
material issue for more than 30 days, the parties shall attempt to agree on a single arbitrator
to resolve the issue, failing which either party may apply to the District Court in Hennepin
County for appointment of one or more arbitrators under Minnesota Statute Chapter 572, and
the disagreement shall thereupon be arbitrated in accordance with said Chapter 572.
4. Termination. This Agreement may be terminated by joint action of the
governing bodies of both parties. The termination shall be effective six (6) months after such
action of both parties. In the event of termination, all real and personal property and cash
held jointly or in a joint entity or held by one party for joint purposes shall be divided
between the parties by unanimous consent. If such consent cannot be achieved, parties shall
apply to the District Court of Hennepin County asking for a determination of an equitable
division of property so held, based upon contributions made by the parties or otherwise as
nearly equal as possible between the parties. The Court may appoint, at its discretion, an
appraiser, the cost of which shall be borne by the parties equally.
5. Severability. In the event that any portion of this Agreement is deemed to be
illegal and unenforceable, it shall not affect the enforceability of the other provisions
contained herein.
6. Effective Date. This Agreement shall take effect upon approval by the
governing bodies of both parties.
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C
p4:07:94 15:04 FAX 612 334 8839
THIS .INSTRUMENT DRAT -TED BY:
N. Walter Graff
Best & Flanagan
4000 First Bank Place
601 Second Avenue South
Minneapolis, MN 55402
612) 339-7121
61022040559 4n194
POPHAM HAIK
CITY OF PLYMOUTH
By
Its Mayor
By
Its City Manager
INDEPENDENT SCHOOL DISTRICT NO. 284
By
Its Chairman
By
Its Superintendent
5
DATE: April 7, 1994
TO: Dwight Johnson, City Manager
J ,
FROM: Eric J. Blank, Director - Parks and Recreation ,,J
SUBJECT: CAPITAL IMPROVEMENTS PROGRAM
Listed below is a brief description of each item in the capital improvements program
for the year 1994-95 and the rationale for the project. Generally these projects are
listed in my priority by year. However, the Park and Recreation Commission has not
had an opportunity to prioritize these projects.
1. West Medicine Lake Park
Description: This park will be developed in three phases. Phase 1 consists of the land
acquisition of three single family home sites, and the development of the realignment of
West Medicine Lake Boulevard between 18th Avenue and 23rd Avenue. This also will
involve underground utilities such as storm sewer, sanitary sewer, and electrical work.
Additional development likely will include bridges over the creek, some creek cleaning
and dredging, and lake access. The funding for this ($2,000,000) currently is allocated
in the tax increment fund, which has a balance of $13,000,000. Phase 2 will consist of
the development of the park, such items as swimming beach, trails, picnic shelters,
volleyball, children's playground, tennis courts, et cetera. Funding for this phase of
the project is shown in 1995, and is contingent on receipt of a state and federal grant.
Phase 3, unfunded at this time, is the addition of a permanent building at the park site.
The Park Commission, in the development of future budgets, will review the need,
timing, and funding for such a structure.
Needs Analysis: In the City's comprehensive plan, Walking Neighborhoods 27 and 39
currently have unmet deficiencies of between 13 and 19 acres of neighborhood park
land. Because this is one of the oldest original developed areas of the City, no
neighborhood park land was set aside. Thus, 25 years ago, the City set out to create a
park by acquiring homes and businesses along West Medicine Lake. These decisions
were reinforced by the 1982 park system plan, which called for a city park on the west
shore of Medicine Lake, one which would meet the city-wide needs of all our
residents, as well as the needs of the immediate neighborhood.
CAPITAL IMPROVEMENTS PROGRAM
April 7, 1994
Page 2
A very small park, consisting of simply the lakeshore for a beach and a small
playground area, has been in operation for a number of years. The playground
equipment had to be taken down a year ago because it was dilapidated and dangerous.
The Park & Recreation Advisory Commission has hosted five public meetings on the
development of this park. They also set up a citizen focus group of eight residents
from the area surrounding the park to work in conjunction with the consultant on the
development of the park. The overwhelming sentiment of the residents has been for
development of the park, although there are many issues they would like addressed.
Some of the resident's major issues include adding no new boats on Medicine Lake,
improving the water quality in Plymouth Creek going into Medicine Lake, bringing
back the swimming beach that was closed three years ago, slowing down traffic on
West Medicine Lake Boulevard, and providing a safe and clean environment that they
can use within a reasonable distance of their homes.
The Park Commission and Planning Commission have both previously approved this
project. The City Council, in the 1993 Capital Improvements Program, allocated the
funding in 1994 for Phase I development of this park. Because of these approvals,
because of the extremely long history of the project, and because of the deficiency of
developed park land in this area, the staff believes that the development of West
Medicine Lake Park should receive number one priority.
Development and Operating Costs
1994 1995 1996 1997 1998
Development 2,000,000 750,000 0 0 0
Operating 0 0 70,000 60,000 60,000
2. Acquisition of Ninth Playfield Site
The background information, needs analysis, and financial information is covered in a
separate memo. Staff believes that this project is the number two priority. The
operating cost for this site remains low because full scale development of the playfield
has been delayed until latter years of the decade.
Development and Operating Costs
1994 1995 1996 1997 1998
Acquisition 1,216,000 0 0 0 0
Development 0 150,000 100,000 0 0
Operating 0 0 5,000 5,000 5,000
CAPITAL IMPROVEMENTS PROGRAM
April 7, 1994
Page 3
3. Acquisition of Tenth Playfield Site
Project Description and Need. Acquiring land for the tenth playfield will help fill a
future need for the Bass Lake Driving Community. This would be the third priority.
Land banking some property for future use as a park, fire station, and other needs at
today's costs would show great foresight, and will not provide a poor investment over
time. Eighty-four acres of undeveloped land is currently available at the southeast
comer of Vicksburg Lane and County Road 47. The memo outlining the need for the
ninth playfield also spells out the need for this tenth and last playfield.
Development and Operating Costs
1994 1995 1996 1997 1998
Acquisition 600,000 150,000 150,000 0 0
Operating 0 0 0 0 0
4. Trails
Project Description and Need. Our most recent survey, conducted by the University of
Minnesota during 1993, indicates that Plymouth residents want more walking and
biking trails. It is their first priority. Generally, the sites selected each year are
integral to connecting with other portions of the existing trail system. The attached map
shows the sites selected for 1994.
Development and Operating Costs
1994 1995 1996 1997 1998
Development 200,000 200,000 300,000 300,000 300,000
Operating 1,050 4,575 5,625 6,675 7,725
5. Seven Ponds Neighborhood Park
Project Description and Need. This project consists of a small five to seven acre
neighborhood park located northeast of County Roads 101 and 24. On the attached
map, highlighted are the five undeveloped pieces of park property within the MUSA
line. A very active citizen group has been lobbying the Park Commission for the past
two years during the development of the capital improvement budget for improvements
at Seven Ponds Park. The Cardinal Ridge development has also been actively pursuing
the development of their park property. The Commission annually looks at all of the
undeveloped park property and attempts to prioritize the development of each site. As
part of its review of the 1995 CIP, the Park Commission will examine the remaining
undeveloped sites and make recommendations.
CAPITAL IMPROVEMENTS PROGRAM
April 7, 1994
Page 4
Historically, we have developed about one new neighborhood park each year. Each of
these parks will meet the need of providing park facilities within a six -block walking
distance of each of their neighborhoods, as called for in the Comprehensive Plan for
Plymouth Parks.
Development and Operating Costs
1994 1995 1996 1997 1998
Development 120,000 0 0 0 0
Operating 0 8,500 8,500 8,500 8,500
6. Cardinal Ridge Land Acquisition
Project Description and Need: This park is a negotiated item between the City and
Daniel Development. The current proposed plan includes approximately two acres in
excess of the City's park dedication requirements. A tentative agreement calls for
paying Daniel Development $30,000 per acre for these two additional acres. By
encompassing this additional land into the park, we were able to protect the three major
wetlands located north of 52nd Avenue and east of Zachary Lane.
Development and Operating Costs
1994 1995 1996 1997 1998
Development 60,000 185,000 0 0 0
Operating 0 9,000 9,000 9,000 9,000
7. Accessible Playground
Project Description and Need. This project consists of developing a handicapped
accessible playground at Plymouth Creek Park. The facility would be located just west
of Fernbrook Lane and south of the existing hockey rinks. In 1993, the City had a
consultant review all of the facilities and programs of the City to determine our
conformance with the recently approved Americans with Disabilities Act (ADA).
Handicapped accessible playgrounds is one of the major areas where we are deficient.
Currently, only one of our 26 playgrounds is deemed accessible. To be in
conformance with ADA, we need to have a plan of action for reaching the goals of
handicapped accessible playgrounds throughout the community.
This new playground will replace an existing structure at Plymouth Creek Park, which
is an old wooden facility located near the woods. Our plan is to have one major,
centrally -located, 100% accessible playground for the community. As the other
playgrounds come up on their normal rotation for redevelopment, each of them will be
required to have approximately 20-30% of the facility made handicapped accessible.
CAPITAL IMPROVEMENTS PROGRAM
April 7, 1994
Page 5
The funding for the first facility will come from Park Dedication Funds and
Community Development Block Grant funding as recommended by the H.R.A.
Development and Operating Costs
1994 1995 1996 1997 1998
Development 130,000
Operating No additional operating costs
8. Replacement of Four Playgrounds at Timber Shores, Mission Hills, Schmidt
Lake, and Hemlock Parks
Project Description and Need. Each of these playground structures is an old wooden
facility constructed in 1981 or earlier. They are scheduled for their normal year for
replacement in 1994. As a general rule, the existing facilities do not currently meet the
guidelines of the Consumer Product Safety Bureau, the ADA, or the most recent
standards of the American Society of Testing and Measures for safety. In the years
ahead, as we replace our playgrounds, each of them will be brought up to conformance
with all of the latest safety requirements. Because the City is self-insured, an important
part of our risk management program requires that we actively work toward meeting
these most recent adopted standards.
Timber Shores
Hemlock
Mission Hills
Schmidt Lake
Development and Operating Costs
53rd & Zachary Lane
24th & Hemlock
39th & Zachary Lane
50th & Goldenrod
1994 1995 1996 1997 1998
Development 200,000 0 0
Operating No additional operating costs
9. Gleason Lake Elementary School
This item consists of helping fund playground improvements
Elementary School. The City Council has already taken action
authorize the distribution of $10, 000 to the local P. T. A.
0 0
at Gleason Lake
on this item to
CAPITAL IMPROVEMENTS PROGRAM
April 7, 1994
Page 6
Development and Operating Costs
1994 1995 1996 1997
Development 10,000 0 0 0
Operating No additional operating costs
10. Contract Payment for Kids for Saving Earth Park Land
M
1
Project Description and Need. A year ago, the City entered into a contract to purchase
23 acres of land immediately west of 494 and two blocks north of County Road 9.
This park will serve as an environmental education center. Contract payments in the
amount of $36,000 and $38,000 will be made in 1994 and 1995.
Development and Operating Costs
1994 1995 1996 1997 1998
Development 36,000 38,000 0 0 0
Operating 1,000 1,000 1,000 1, 000 1,000
11. Transfer to Park Replacement Fund
Project Description and Need: This consists annually of an interfund transfer from
Park Dedication Funds to the Park Replacement Fund. The money is held in a trust
account to earn interest, and is used to repair and rebuild the City's park infrastructure
as it ages.
Development and Operating Costs
1994 1995 1996 1997 1998
Acquisitions 35,000 37,000 38,000 40,000 41,000
Operating No additional operating costs
PROJECTS NOT RECOM MNDED FOR FUNDING IN 1994 - 1995
12. Plymouth Creek Tennis/Basketball Center
This project consists of developing outdoor tennis courts in Plymouth Creek Park along
34th Avenue just east of City Center. This facility may some day be joined by two
revenue-producing facilities, such as an outdoor swimming pool and miniature golf.
The project has been delayed each of the last three years due to changes in budget
priorities. Currently, there are no tennis courts built within the City of Plymouth west
of 494 and north of 19th Avenue. The tennis courts would better serve geographically
those people living in the northeast and west areas of the City.
CAPITAL IMPROVEMENTS PROGRAM
April 7, 1994
Page 7
13. Medicine Lake Fishing Dock
This project consists of a 36 foot long T'ed fishing dock, similar to the ones at Parkers
Lake and Bass Lake. It could be located either at East Medicine Lake Park or West
Medicine Lake Park. The Minnesota Department of Natural Resources has funded
these fishing piers throughout the State of Minnesota. We have been on their waiting
list the last three years. The project can be delayed with no negative impact.
OTHER PROTECTS
14. Acquisition of Open Space
This project will acquire property through the City's new open space program. I am
not putting any priority on this project due to too many unknowns at this time. I
anticipate that it would be reviewed as an individual item as long as its funding source
is not taken from the park dedication funds.
Attached to this memo are various maps showing locations of trails and neighborhood
parks, and five financial spreadsheets: an overall spreadsheet showing projects and
funding sources by year, one detailing development and operating costs by project, and
three showing cash flow analysis for the park dedication funds and the park
replacement fund.
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trail system. This map shows City trails in purple.STREET AND TRAIL M A Phincludesbothsetrailsthatareseparatefromtheroadwayandthose nwonr Jw sR.J
that consist of a separate bicycle/pedestrian lane on the road shoulder. '9 f
We hope you eniov them!
PROPOSED 1994 TRAIL PROJECTS
UNDEVELOPED NEIGHBORHOOD PARK SITES
SEVEN PONDS NEIGHBORHOOD PARK SITE
PONDS v
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