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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. 51 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. . Mt