HomeMy WebLinkAboutCity Council Resolution 1987-645CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a regular meeting of the City Council of
the City of Plymouth, Minnesota was held on the 5th day of October
1987. The following members were present: Mayor Schneider. CouncilmembQrs Vasiliou.,
Zitur, Crain and Sisk
The following members were absent: None
Councilmember Zitur introduced the following Resolution and moved its
adoption:
RESOLUTION NO. 87-645
AMENDING COTTONWOOD PLAZA ADDITION DEVELOPMENT PLAN
TEMPORARY STORM WATER HOLDING POND
(86085)
WHEREAS, The Developer of the Cottonwood Plaza Addition was required to const>uct storm
water holding facilities to reduce the rate of storm water runoff after the development
of the Addition; and
WHEREAS, the Developer proposed to construct a temporary storm water holding facility
within the development; and
WHEREAS, this plan was approved by the City of Plymouth; and
WHEREAS, the Developer has now learned that he cannot construct this facility and is
requesting that the plan be amended.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA; That the plan is amended and the temporary storm water holding pond can be
eliminated provided that the Developer fulfills the following conditions:
1. That Jerome P. Begin provide the City a hold harmless agreement and a
Financial Guarantee in the amount of $1,000,000 to protect the City
from any liability which may occur from the elimination of the
temporary storm water holding pond. The Financial Guarantee and the
agreement shall be submitted to the City Attorney for his review and
approval.
2. That no occupancy permits for conducting of business will be issuesd to
anyone in the Cottonwood Plaza Addition (as originally approved) until:
a. Plans for the permanent storm water holding pond have been prepared
by the Developer and reviewed and approved by the City Engineer.
b. The City Council has authorized condemnation of the necessary land
to construct the permanent storm water holding pond.
C. Jerome P. Begin agrees to reimburse the City for all costs
associated with the condemnation process. A payment shall be made
to the City in the amount as estimated by the City Attorney before
the City will start condemnation.
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Resolution No. 87-645
Page Two
d. That Jerome P. Begin provide the City a Financial Guarantee to
ensure the completion of the permanent pond immediately upon
acquisition of the easement rights by the City. This Financial
Guarantee shall be in the amount of the estimated construction
costs and approved by the City Attorney.
The motion for the adoption of the foregoing Resolution was duly seconded by
Councilmember Vasiliou , and upon vote being taken thereon, the following voted
in favor thereof: Mayor Schneider, Councilmembers Vasiliou, Zitur, Crain and Sisk
The following voted against or abstained: None
Whereupon the Resolution was declared duly passed and adopted. .
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