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HomeMy WebLinkAboutCity Council Packet 02-08-1993CITY OF PLYMOUTH AGENDA REGULAR COUNCIL MEETING FEBRUARY 8, 1993 1. CALL TO ORDER 7:00 p.m. 2. INVOCATION 3. ROLL CALL 4. PRESENTATION A. Public Information Meeting on proposed Train Whistle Restriction Ordinance 5. APPROVE AGENDA 6. CONSENT AGENDA - These items are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. A. Approve City Council Minutes B. Lundgren Bros. Construction. Final Plat and Development Contract for Churchill Farms 5th Addition located at 34th Avenue North and Zircon Lane (93005) C. Patio Enclosures, Inc. Amended PUD Plan and Conditional Use Permit for a 3 -season porch at 991 Yuma Lane (93001) D. David and Marie Garbe. Conditional Use Permit for Home Occupation for storage of pharmaceutical samples at 13305 - 56th Avenue North (93002) E. Resolution approving No Parking on Shelard Parkway F. Resolution approving Change Order No. 4, Medina Road Improvements, Project No. 010 G. Resolution authorizing reimbursement to developer for watermain oversizing in Harbor Woods Addition (90093) H. Award contract for purchase of sewer cleaning unit I. Approve Payment No. 2, District NW 17 Sanitary Sewer Extension, Project No. 040 J. Resolution requesting Minnesota Department of Transportation to conduct speed study on Pineview Lane from Northwest Blvd. to Schmidt Lake Road K. Approve Payment No. 9 and Final, Medina Road Improvements, Project No. 010 7. PUBLIC HEARINGS A. Vacation of a portion of Kingsview Lane right-of-way in Suburbandale on Parker Lake Addition B. Application of Thunstrom Enterprises, Inc., d/b/a El Meson Restaurant, 1115 Vicksburg Lane, Suite 8, for wine and on -sale 3.2 liquor licenses 8. NON -CONSENT ITEMS A. Lundgren Bros. Construction. Final Plat and Development Contract for Autumn Hills located northwest of 46th Avenue North (92060) B. Resolution authorizing joint defense agreement and designating a legal firm for MPRS suit C. Selection of Consultant to prepare Park & Recreation survey D. Study Session Topics and Schedule E. City Council Information Memorandum 9. ADJOURNMENT Item 4-A (Public Information Meeting on proposed Train Whistle Restriction Ordinance) and Item 8-B (Resolution authorizing joint defense agreement and designating a legal firm for MPRS suit) will be delivered on Friday with the Information Memorandum. CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447 DATE: February 4, 1993 TO: Mayor and City Council FROM: Dwight Johnson, City Manager SUBJECT: Summary of Events for week of February 1st Introduction. You have been receiving a Friday information packet for some time. I would like to offer my own personal memorandum to you on most Fridays which may differ in some respects with what you have received in the past. I would like to not only fill in the gaps in the hard news that is not contained in departmental reports or the agenda packet, but also to give you the story behind the story when possible and to share with you my thoughts, intentions, and ideas on a wide variety of issues. Please let me know what you think and if there are issues you would like me to cover in the coming weeks. Initially, I plan for this memorandum to go only to you and the Assistant City Manager. First Week Observations. As a new employee, you can appreciate how much there is to learn. Within that framework, this week has gone about as well for me as I could ask. I have already had a chance to discuss our overall philosophy on how we approach things (see attached memo from me to the staff). I have also set aside every afternoon during this week to meet with a department, get acquainted with staff, and learn about plans and issues. This has taken up much precious time, but has been well worth it. I have also apparently surprised some people by eating lunch in the lunch room with them. Everyone has been super friendly and supportive which really helps. My overall impression of the organization after week one is that many people are working very hard and that this City does many things well, especially in the X's and O's to use coaching language. The areas that need improvement are the subtle, less visible things, like communication and an overall sense of where we are going --the vision thing. " Library. Hennepin County library officials and architects met with us this week. They now have a schematic drawing of the proposed library, which is to be just over 16,000 square feet just north of Cub. They will be proceeding with County Board approvals in March and plan to start construction this summer or fall. They hope to be done and operating before the end of 1994. They said that they are already gathering the collection for our branch. Our staff was able to provide useful information on procedures and contact persons for them .. Assistant City Manager position. As you know, Frank will be leaving us on February 26th to become City Manager of Prior Lake. We are advertising this position beginning this weekend. The closing date will be March 15th. We are placing the ad in the ICMA national newsletter to broaden the field and increase the chances of finding outstanding women or minority candidates. I anticipate that we can narrow the field ourselves to the finalist level. After that, I am thinking of engaging Personnel Decisions to give assessment tests to several candidates at a cost of several thousand dollars. I will plan to include several staff members in the interview process and would then be open to find some way for you to meet the top one or two finalists in a soft interview situation, perhaps in a study session atmosphere. I want to be sure that both you and the staff are as comfortable as possible with the person hired. Labor Negotiations. Apparently, I will need to be paying a lot of attention to this over the next few months. I sense that either we do not have a consistent labor negotiation philosophy, or if we do, staff is not fully aware of it. In general, I would prefer that we pay employees according to the market medians of similar cities. Ideally, this would be done on a job by job basis. It is difficult to bring private wages into the equation in a number of employee classifications because of pay equity requirements which only apply to the public sector. Once employees are at or close to these medians, I would prefer that raises in salaries approximate the cost of living which was 2.9 % last year). Small variations can and should occur based upon internal organizational relationships (such as sergeants to patrol officers). We could certainly choose to maintain a group or groups above the median or below the median over a long term. For example, we could choose to have a policy of having police officers consistently paid X % over the median (not a proposal) and accept the risk that we would be paying too much needlessly. Or, we could choose to be below the median and accept the risks of higher turnover, especially in good labor market conditions. The general point is , we need to have a consistent long-term philosophy that council, management and employees can all understand and buy into. Successful organizations minimize or eliminate adversarial relationships between labor and management (look at GM's Saturn plant in Tennessee). I hope to discuss these ideas with you more in the future. Staff Meeting Items February 1, 1993 Council Meetings. 1. Schedule for submitting council reports 2. Use hardcover notebooks for regular council packets 3. Report format: alternatives, reasoning, problem areas 4. Report recommendations 5. Prepare proposed motions? (ask Council) 6. Clerk do roll call votes 7. Most reports presented by staff, not City Manager 8. Stand at podium when presenting to Council 9. Use overheads, graphics whenever appropriate 10. Let assistants present some reports occasionally 11. Always show respect for the Council and each of the members. 12. Not interested in wins/losses with council; only the best possible decisions for the public. 13. Is improved cable tv broadcasting part of city hall expansion project? Staff Meetings. 1. First focus is on the agenda for council. 2. Prefer assistants to be routinely present. 3. May need advance planning for future agendas of regular council meetings. 4. Prefer to have staff meetings in time to change council reports for packet if necessary. SOME THINGS THAT ARE IMPORTANT TO ME Dwight Johnson, February 1, 1993 Neither all-inclusive nor in order) 1. Relationships with the Council, with Staff, and between staff should be open, honest, and trust building; never self-serving. We must always give the Council the real story, and the whole story, whether or not it makes us look good. 2. We must deal with council members equally and as a body as much as possible. We must act to build trust with them and between them at all times. 3. Fostering diversity in the work force at all levels. 4. Citizens are our partners, not just customers. They have an ownership interest in their neighborhoods literally and through payment of taxes, assessments, fees) and must be part of the decision- making process from the beginning. 5. Problems are best solved when they are little. It best to inform me (and City Council) about problems that have potential to become big problems early on. 6. I appreciate: Initiative: those people who see an issue that crosses departmental lines and grab it as compared with those who say "that's not my job." Innovation: those who look for new and better ways of doing things Sense of urgency: those who can identify priority projects and get them to the finish line in a timely manner. Financial planning: I will ask for more and more financial planning for 10, 20 or more years into the future, even if much planning has already occurred. Team players: those who not only do a good job, but make others around them better players as well. Optimistic and positive staff members who dwell on how something can be done, not why it can't be done. Staff members who tell me what I need to hear, not what council or I want to hear. A sense of humor: it makes working fun, not just professionally or financially rewarding. 7. A significant amount of my time will be spent communicating and coordinating between staff, Council, the public, and outside agencies. This means that you need to be able to solve the large majority of problems and I will empower you and your staff to the degree necessary to accomplish this. I will have time to personally manage only a limited number of issues at a time. 8. Both elected officials and the staff must develop confidence in themselves, in each other, and in the future of Plymouth. For the staff, confidence means avoiding being defensive and avoiding excessive concern for who will be blamed for any problems, and avoiding behavior that excessively focuses on covering yourselves. 9. We can and should find enough new and better ways of accomplishing our goals each year that a tax increase for the citizens should not normally be necessary. The challenge to staff is to maintain or increase services without increasing taxes, not measure and calculate the maximum increase the taxpayers might stand for and campaign for it. I personally intend to submit the lowest responsible budget request each year consistent with Council goals and proper management of the City's business affairs. I also intend for the proposed budget to be a consensus document at the time of delivery which already reflects the goals and priorities of the Council. The budget process can and should be a team effort between the staff, council, and citizens, not an adversarial process. 10. A strong sense of ethics is more important than ever in public service. Some public officials in the metro area have given the impression that they are interested mainly in their own pocketbooks, even if their behavior has been legal. Rebuilding trust in public service through observance of both the spirit and letter of ethical guidelines is necessary. 11. The employees of the City are valued partners with the management and should be treated as such in our policies, our decision-making, and our attitudes. Enemies of this concept include excessive regulation or micro -management of employees and a lack of meaningful two-way communication with employees on a regular basis. TO: FROM: SUBJEC'. : DATE: Introduction Background Alternatives' Discussion* Recommendation Budget Impact' Agenda Number AGENDA REPCRT Short paragraph, purpose of item and why subject is beingdiscussed.) Brief history, including previous actions, summarize pertinentinformation.) State options clearly and concisely.) eros and cons of each option are reviewed.) State recommendation and why.) ost of recommendation or action, including budget affect.) Action Require--- ..::ate action needed, by whom and by when.) Need not be use= in all cases, especially if subject matter is general or informa:iora:. Lse of all hea= --- will depend on user and subject matter. Somemay overlap. Coc:r.on sense pry •; '.s. f MEMO 4 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447 DATE: February 5, 1993 TO: Dwight Johnson, City Manager FROM: Frank Boyles, Assistant City Manager SUBJECT: PUBLIC INFORMATION MEETING ON PROPOSED TRAIN WHISTLE RESTRICTION ORDINANCE 1. ACTION REQUESTED: Conduct a public information meeting on the proposed train whistle ordinance and: 1) direct the staff with respect to any further research required on this subject; 2) take no action; or 3) adopt the proposed train whistle restriction ordinance as is or with modifications. 2. BACKGROUND: For some years now the City Council has received oral and written complaints from individuals living near the Soo Line tracks that the train whistles disturb the peace of the adjacent residential area. Residents have asked the City Council to investigate whether it is possible to prohibit the train whistles all day long or during evening hours. In response to these requests, the City has discussed this subject with representatives of the Soo Line Railroad to determine if: 1. There is a legal requirement that train whistles be sounded. 2. Whether .alternate actions would be equally effective in resolving the perceived problem. 3. Determine what degree of railroad/street/intersection protection is needed to afford the general public with adequate safety precautions. 3. DISCUSSION: We have found that Federal Railroad regulations require that the engineers sound their whistles for two long blasts, a short blast, and a long blast at each intersection, whether it is protected or unprotected. It does not appear that the railroad has the flexibility of eliminating whistle blasts. The problem appears to be that the definition of long and short blast is subject to the interpretation of the individual engineer. Consequently, some tend to "lay on the horn," while others are quite conservative in applying the horn. The attached letter from Darrell Ward of the Soo Line Railroad further addresses this issue. D PUBLIC INFORMATION MEETING ON PROPOSED TRAIN WHISTLE RESTRICTION ORDINANCE February 5, 1993 Page 2 The Council subsequently directed the City Attorney to prepare an opinion on whether or not whistle blowing could be prohibited. The Attorney found that it could, but recommended that from a liability perspective it would be more prudent for the City to require that both lights and drop arms be installed at any intersection before any form of horn restriction is imposed. Such action will tend to mitigate against any liability exposure the City could face. At present, intersections lying between Highway 169 on the east and Larch Lane on the west have both drop arms and flashing lights. The Pineview Lane intersection has lights only. Consequently, any sort of restriction should apply between Larch Lane and Highway 169. This still leaves a substantial number of people affected by the train whistle until the Pineview drop arms can be installed. We have made numerous efforts to contact the Soo Line Railroad in order to prepare the necessary agreement to install the drop arms at the City's cost in 1993 so that if the restriction is adopted, it would include this intersection. The Soo Line Railroad to date has been unresponsive. The City Attorney has prepared an ordinance (attached) which would restrict train whistles from being blown between the hours of 10 p.m. in the evening and 7 a.m. in the morning between Highway 169 and Larch Lane initially. The engineers may blow the whistle if there is a clear and present danger or hazard on the tracks. This would include inclement weather conditions, pedestrians, vehicles, or animals on the tracks, malfunctioning signals or motorists crossing against the signals. Because of the controversial nature of this issue, I suggested that the City Council conduct a public information meeting on February 8 to hear opinions pro and con on this subject. Some 3,700 letter were sent to residents in the area inviting them to attend. Attached are 22 letters received on this subject. A total of thirteen writers expressed support for some form of ordinance restriction, while nine tend to oppose it. Also attached is a log showing the voice messages left on this topic. Ten people support a restriction of some sort, while one does not. On Monday, February 8, the City Council should hear input from affected residents with respect to the proposed train whistle ordinance. I am told that at least two representatives of CP Railroad, the parent company to the Soo Line, will be present to share their perspective. The Council should be aware that the Soo Line Railroad opposes any such restriction on the basis that a Florida study showed a distinct increase in vehicular/train collisions when a similar restriction was imposed. The Florida study reviews 59 months of Florida East Coast Railway vehicular accident experience prior to the establishment of whistle restrictions and 61 months PUBLIC INFORMATION MEETING ON PROPOSED TRAIN WHISTLE RESTRICTION ORDINANCE February 5, 1993 Page 3 following such restrictions. The study was published in 1984. The restrictions instituted were from 10 p.m. to 6 a.m. daily. Accident experience in the 59 months prior to the restrictions was 39. In the 61 months under whistle blowing restrictions, accident experience tripled to 115. Considering the same train intersections during the daytime hours, when no whistle restriction was in effect, the accident experience was unchanged at 180 accidents prior to the restrictions and 109 in the 61 months while restrictions were in place during the nighttime hours. On the other hand, the cities of Minneapolis and St. Paul have had train whistle bans since the 1800's. I presume it could be argued that the speed of the trains in the Plymouth area are substantially higher than those in downtown Minneapolis or St. Paul. An alternative to adopting this ordinance would be to work with Soo Line Railroad in an effort to ensure that the train engineers are conservative in the application of the horn. 4. CONCLUSIONS AND RECOMMENDATIONS: I recommend that the City Council receive public input at this hearing and provide direction to the staff on any further information which may be desired. In the alternative, an ordinance is attached which the City Council could adopt this evening which would restrict the use of train whistles between the hours of 10 p.m. and 7 a.m. for all train/street intersections lying between Highway 169 and Larch Lane. attachment ORDINANCE NO. 93 - AN ORDINANCE RELATING TO THE REGULATION OF TRAIN WHISTLES AND HORNS DURING CERTAIN HOURS IN CERTAIN AREAS OF PLYMOUTH Sec. 1. The Plymouth City Code is amended to include a new Section 1165 to read: Section 1165. Trains. 1165.01. Limitations on Use of Whistles. It shall be unlawful for any railroad company, train engineer, fireman, or other person employed by any railroad company, to sound or blow the whistle or horn of a locomotive between the hours of 10 p.m. and 7 a.m. within that area of the City west of Highway 169 and east of Larch Lane, except at times when there is a clear and present endangerment of life or property. 1165.03. Penalties. Violation of the provisions of this Section is a misdemeanor. Sec. 2. This ordinance is effective upon passage. Mayor Attest City Clerk Soo Line Railroad Company November 11, 1991 Transp. File: PR0022 The Honorable Kim M. Bergman City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Dear Mr. Bergman: 9.1 Soo Line Building Room 310 Box 530 Minneapolis, Minnesota 55440 612) 347-8000 OPERATING DEPARTMENT Thank you for your letter to Soo Line Railroad dated September 19, 1991, which expressed the concerns of your residents, the Plymouth City Council, and yourself related to our trains whistling for grade crossings during evening hours. I also appreciated your taking time to discuss this matter with me by phone. As indicated, we on Soo Line are sincere when we say we want to be viewed as good neighbors in your Community, and we do not take your concerns lightly. Since receiving your letter, we have instructed our General Road Foreman of Engineers, and our Line Supervisor, to again discuss whistling requirements with Engineers to ensure that excessive whistling is not being done, but also to ensure that proper whistling is being done to protect the public at grade crossings. We cannot waive our responsibility to whistle for crossings as required by regulation. A normal whistle blast requirement for grade crossings consists of two longs, a short, and a long. However, when an engineer approaches a crossing where he sees approaching traffic, or pedestrians, he may extend the length of the blasts as necessary to ensure warning has happened. Please believe me, our engineers are cognizant of the noise they emit and they themselves are not interested in whistling more than necessary, especially during nighttime hours. It is important for your Council to realize our obligation to whistle, and the horrible accidents we are avoiding by doing so. If the Community is adamant about stopping trains from whistling during certain hours, they can do so by passing specific ordinances, providing necessary crossing gates and signals, and assuming the liability of not whistling. We would then naturally comply. Certainly your legal counsel could direct you through that process. The Honorable Kim M. Bergman November 11, 1991 Page 2 Soo Line wishes to assure you we are a conscientious company involved in international, and interstate transportation, serving the shipping and general public and that we will do all possible to be viewed as such. Our operation requires nighttime movement of trains through many states and communities, and we try to do so as quietly and safely as possible. I remain willing to be of any further assistance you may require. Thank you. Yours very truly, Darrell E. Ward Asst. Chief Transportation Officer ME OKESOTq Minnesota v do Department of Transportation g Transportation Building 395 John.Ireland Boulevard yrs Saint Paul, Minnesota 55155 July 22, 1992 Frank Boyles Assistant City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Re: Railroad Whistle Ban Dear Mr. Boyles: 612/296-2472 This letter is in response to your recent correspondence concerning a possible ban of the use of train whistles in the City of Plymouth. The use of train whistles in Minnesota is governed by Minnesota Statutes Section 219.567. Railroad engineers must sound a train whistle in advance of all grade crossings, except in cities. Cities may prohibit train whistles by enacting an ordinance restricting the use of train whistles in their jurisdiction. As you indicated in your letter, Winona has enacted such an ordinance. In addition, a number of communities in the metro area have enacted such an ordinance. There are no state or federal laws requiring additional simalization. For your information I have enclosed a study prepared by the Federal Railroad Administration concerning Florida's train whistle ban. I strongly recommend the city review the findings of this study, which documents the impact of whistle bans on public safety, before you implement such a ban. Because of the straightforward procedure for implementing a whistle ban, I do not see the need at this time to schedule a meeting. Please let me know if you have any questions comments or concerns. Sincerely, Robert Swanson Director, Railroad Administration An Equal Opportunity Employer Ot the 'toot ti' rtir { titi .ti Y' T T Must be present to WIN! t• The City Council is now ready to hear us out. If you want change, you have to speak up. It is imperative that you attend this meeting. W lla4L: City Ci-U-n%cii 0P67r, Hear iiIg When: February 8, 1993 at 7:00 pm Where: City Hall 3400 Plymouth Blvd. 550-5000 Why: To pass a noise ordinance that would ban the use of train whistles. Speak now or forever loose your peace and quiet. February 2, 1993 Mr Frank Boyles Actin;' City Manager Citi- of Plymouth 3400 Plymouth Boulevard Plymouth, AIN 55447 Dear Mr Boyles: My wife and I are very concerned about the public safety aspect of the Soo Line train whistle. We are astonished that the city would even consider a ban on the use of the train whistle. rasns-`are v=ery dangerous, I can assure—Y-0-7—as I had a near collision years ago at a blind and unprotected intersection. The train whistle is a safety feature operated by a human engineer. It is used to back tip the unmanned mechanical arms and li.ht.s; both systems-- the human and the mechanical --can fail but together they offer the greatest safety possible. It appears from articles in the St's' -SAILOR that some residents Arlt this ban for personal reasons and have given little concern to public safety. If this type of ordinance is passed, I can assure you that the city will become involved in litigation and liability in the event of any future accidents. My wife and I do not wish to see our tax, dollars spent needlessly defendin;' this issue. The train and whistles have operated since 1888 along these tracks and common sense will tell you that where you have tracks, there will be trains and r,hisIIes. We live less than 100 yards from the tracks near Zackery Lane and are eery opposed to any change in the train whistle operation. Sincerely, 6Loretta & Ed Bodey 11120 51st Ave North Plymouth, AIN 55442 )7 its `{ Ocfl CHRISTIAN CHURCH February 3,1992 Pastors Jay and Pamela Neu City of Plymouth c/o Frank Boyles 3400 Plymouth Blvd Plymouth, MN 55447 Dear Mr. Boyles and Plymouth City Council, My name is Jay Neu. My wife and I are residents of Plymouth and our home is located directly off the Soo Line Railroad track on 53rd Avenue North. We have a* iiavested interest in the impending decisions which are to be made concerning the "excessive use" of the train whistles. I am going to be out of the country on February eighth during the meeting concerning these issues. My wife, who will be running an important business meeting of mine in my absence, will not be able to attend on the eighth as well. Therefore I felt it necessary to communicate our opinion by letter. My wife and I are both in full agreement with other Plymouth citizens that the train operators are "excessive" with their whistles. We are supportive of the passing of ordinance #93. This will not only preserve peace in our neighborhood, it will ensure uninterrupted sleep for our families as well as guests who visit our lovely city, and will give our homes a better opportunity to sell and/or new homes to be purchased. We truly believe that the lights and drop arms at these intersections will provide adequate warning and protection from increased collisions with trains. Pamela and I share two concerns, one being that the wpZd.i.n_g4of_tie ordinance will__leava___the__ train histles as the operators open to blow their ware Eastbound and approaciZing'Larch Lane. The other__concern being_. that. rop arms-Jbe ains ai7ed a fhe Pinevew crossing as soon as possible. We feel th simporant based on the amount' trof affic on Pinevi_* ew as well as the walki *gig paths that the city has developed along the Soo Line Track there, as well as connecting 53rd Avenue off of Larch Lane with a pathway. Many people walk and ride that circle crossing the track on both of these main roads. Thank you for your time and attention to these matters. We appreciate your dedication and leadership to our city and s citizens. g, lF Si c ely, \x`' Jay P. Neu V&'1t 1002 Second Street NE, Hopkins, MN 55343 6 612.938.4176 1 P 4f % l iU nlro`fi r amsl hI5 ori vnc-, COYMCI 6 A - f br M I IY 7kWqJ p,K 7,k n7A-,J S'WY Z To: City Council Subject: Train Whistle January 6, 1993 We just moved into Plymouth this past July. Our previous home was in Minnetonka. With a newborn baby, we needed a bigger home. Plymouth's convenient shopping, nice parks, and great schools, helped lure us to 5115 Oakview Lane North. We absolutely love our new home and neighborhood, but the annoying train whistle has almost outweighed all of Plymouth's pluses. 1. Our new baby was consistantly sleeping thru the night before moving into our Plymouth home. The train whistle woke her up 2-3 times a night for 3 months. She still is awakened by the sound 2-3 times a week. 2. We have another baby due in May and we aren't looking forward to the same nightmare we had with our first child. 3. We enjoy sleeping with our windows open. The decibel level is so extreme, if a window is open anything not nailed down rattles, and sleep is impossible. With the absence of a cool summer breeze through our windows, we usually run our A/C which costs an extra $20-$30/month. Considedtig *he lire mffc level at ni hr ll ,n rhP ti• tip L •Abk info ;&e-cdon Xs which are impossible to miss at night), I hope a whistle -ban can be established very soon. Thank you for your time. Sincerely, Ron and Sheri Frick City Council 3400 Plymouth Blvd. Plymouth, MN 55447 To Whom it May Concern: Jan. 5, 1993 We are new residents of Plymouth. When we bought our house last summer, we had no idea that trains would run and blow their whistles at all hours of the day and night. Some of our neighbors told us they rarely noticed the noise anymore, but, unfortunately for us, we are still awakened by the whistles after five months. As parents of small children, and from the practical standpoint of our home's value, we strongly support the proposed ordinance to ban train whistle blowing during the night. Sincerely, tL r, h &j A &jte) Melinda and Bob Arvold 11925 50th Ave. N. Plymouth, MN 55442 551-2592 January 25, 1993 City Council 3400 Plymouth Blvd. Plymouth, MN 55447 Dear City Council Member, We are so pleased that the notorious train whistles are finally being reviewed! Several times a week someone in my family is awakened from a sound sleep by the whistles. Needless to say, this disruption causes havoc in our daily lives. W n>>esti ort a ban on train whistles from 10 p.m. until 7 a.m. (We would actually prefer 9 p.m. until 8 a.m. since we have a small child.) I have traveled in this area and believe that current safety features at the train crossings are adequate to provide for the public safety. Thank you very much for listening! ! ! ! ! ! Sincerely, A HCl Janet and Raul Cuellar 11320 46th Ave. No. Plymouth, MN 55442 Mr. Frank Boyles Acting City Manager City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Mr. Boyles: January 21, 1993 U The following is in response to the Regulation of Train Whistles in the area of Larch Lane to Highway 169. I may not be able to attend the February 8, 1993 meeting and would like this letter to be read as a response to the proposed regulation. I live one block from the Soo Line tracks and am approximately four blocks from Larch Lane and six blocks from Zachary Lane crossings. I can hear the train whistle in my house from both crossings. I understand the frustration and annoyance the neighbors living closer to the Soo Line than I do must endure. I must point out that the Soo Line was active before most of us moved into the area and as purchasers of homes the business of running a railroad was noticeable and must have been acceptable at the time of purchasing the property. I am concerned that an ordinance su Ordinance o. m_y_place th_..ity__Qf Plymouth in a. serious s a e of liability. There are presently thre ivities at each of-the=cro ssings:-` 1 a raZ roa -crossing sign approximately 200 yards before the crossing, 2)_lighted signs with cross bars and 3) the train whistle -itself. My concern is that if the city passes an ordinance to discontinue one of the three-safety-acts a mar/person"collision-the City of Plymouth may be liable for a part of the damages. I do not want my tax money spent defending and or paying for damages which may have been prevented by the simple three blows of a train whistle. Discontinuing accident prevention devices is very serious. Thank you for the opportunity to present my concerns. Regards, Cli ole 5145 Goldenrod Lane N. Plymouth, Mn. 55442 CC: Mayor Kim Bergman ,. ' 1 C che-) - / • FeiiAit.) a3-; 5-Y" Ale . n1 41 A4 * c- Y - 1y23 S- 01 a-- C r " - - - - Kms - 0 January 5, 1993 Page 2 opinion whether for or against the ordinance. We intend to invite Soo Line Railroad officials, as well to get their input on alternative steps which might be taken to protect the public safety and peace and tranquillity of the area. If you have any questions regarding the proposed meeting, feel free to call me at 550-5013. I will forward to seeing you at the c information meeting Febniary 8. Sincerei c .ZL u w6/'J-- F oyles ,, j =/ - .R ! - q 3 Acting City Manager s l -,-;2/- 53 ORDINANCE NO. 93 - AN ORDINANCE RELATING TO THE REGULATION OF TRAIN WHISTLES AND HORNS DURING CERTAIN HOURS IN CERTAIN AREAS OF PLYMOUTH Sec. 1. The Plymouth City Code is amended to include a new Section 1165 to read: Section 1165. Trains. v1 i I i 't i-' '• `` I165.01. Limitations on Use of Whistles. It shall be unlawful for any railroad company, train -engineer, fireman, or other person employed by any railroad company, to sound or blow the whistle or.born of a .` locomotive between the hours of 10 p.m. and 7 a.m. central daylight time within that area of the' - - vest,Vf Highway 169 and east of Larch Lane, except at times when there is a clear and present endangerment of life or property. i 165.03. Penalties. Violation of the provisions of this Section is a m_isdeme -nor. Sec. 2. This ordinance is effective upon passage. Mayor Attest City Clerk 1-18-93 Frank Boyles Acting City Manager I can't make the Monday, February 8, 1993 meeting. want to go on record as approving the ordinance. first homeowners along this stretch of the tracks I can tell you that the engineers are "overeager" whistle. The crossing lights, locomotive lights are more than adequate warning for any reasonable However, I do As one of the October, 1978), in their use of the and ditch lights motorists.- ectfully, 0 5160 Goldenrod Lane Plymouth, MN 55442 Phone_ 559-5160 -------------------------- — --------------- — -------------------------------------- — — ---------- — - ORDINANCE 59_5160-------------------------------------------------------------------------------------------------- ORDINANCE NO. 93 - AN ORDINANCE RELATING TO THE REGULATION OF TRAIN WHISTLES AND HORNS DURING CERTAIN HOURS IN CERTAIN AREAS OF PLYMOUTH Sec. 1. The Plymouth City Code is amended to include a new Section 1165 to read: Section 1165. Trains. 1165.01. Limitations on Use of Whistles. It shall be unlawful for any railroad company, train engineer, fireman, or other person employed by any railroad company, to sound or blow the whistle or horn of a locomotive between the hours of 10 p.m. and 7 a.m. central daylight time within that area of the City west of Highway 169 and east of Larch Lane, except at times when there is a clear and present endangerment of life or property. 11 LG !19 n. lf nc V;^inFinh of thn ..tenv?1viancoft1licsectionisqmierlmeor. i V. V.I. a. 41LlNJ. 1V•M 1Vl• V. - rev Sec. 2. This ordinance is effective upon passage. Mayor Attest City Clerk n City Council 3400 Plymouth Blvd. Plymouth, MN 55447 January 10, 1993 NMRA 9213 REV. STEPHEN R. SEIDLER 11725 53rd AVENUE NORTH PLYMOUTH, MINNESOTA 55442 c 7-1r,"e-- 612) 550-0458 Dear City Council; I cannot attend the city council meeting on February 8th relative to train whistles on the Soo -CP mainline through Plymouth, hours 10 pm to 7 am. I will be out of town, but have a vested interest. We live on the north side of the trackage, midway between Zachary and Larch Lanes. As we can see from my personal letterhead, I would be an impartial witness. I enjoy the railroad through our backyard; I enjoy the whistles in the distance; I enjoy waving to the crews; we were able to befriend Mr. Bruce Thorstenson. Soo conductor shot by teen vandals in our neighborhood last Fall; I enjoy Soo crews waving back and blowing a short whistles burst for me when I am in the yard. However, I have some comments that I would like to enter seriously. 1. Public safety must come first. I think the railroad can be approached with consideration for orders given to restrict loudness of whistles during the proposed hours. I do not think the whiclte-, should be silenced, even though the crossings have lights These are critical hours to ng; work hours, coming home late from trip, etc. The whistles blast may be the one thing to wake them to alertness. The railroads have compiled much info on the public choosing to ignore rail crossing safety. Railroad engineers, for their own sanity and safety, must be allowed to use all means to clear trackage ahead. One unhappy incident "fries" an# engineer and he should not have to live with that for the rest of his life. He will, even though the fault rests with the motorist. 2. Engineer whistles are a mark of character and are a part of American Heritage. It is his/her trademark and has always been a means of identifying a certain engineer. Don't take it away, but put some limitation on it. 3. Show some concern for the railroad. They were here first and the trackage rights bow to eminent domain. This is the same dumb thing we do with airports. We have trackage necessary for our country's economic livlihood. We build airports as a necessary part of transportation survival. Then zoning boards TRAIN up a JAN 12 i in the way he should G0: and when he is old, he will not Dear City Council; I cannot attend the city council meeting on February 8th relative to train whistles on the Soo -CP mainline through Plymouth, hours 10 pm to 7 am. I will be out of town, but have a vested interest. We live on the north side of the trackage, midway between Zachary and Larch Lanes. As we can see from my personal letterhead, I would be an impartial witness. I enjoy the railroad through our backyard; I enjoy the whistles in the distance; I enjoy waving to the crews; we were able to befriend Mr. Bruce Thorstenson. Soo conductor shot by teen vandals in our neighborhood last Fall; I enjoy Soo crews waving back and blowing a short whistles burst for me when I am in the yard. However, I have some comments that I would like to enter seriously. 1. Public safety must come first. I think the railroad can be approached with consideration for orders given to restrict loudness of whistles during the proposed hours. I do not think the whiclte-, should be silenced, even though the crossings have lights These are critical hours to ng; work hours, coming home late from trip, etc. The whistles blast may be the one thing to wake them to alertness. The railroads have compiled much info on the public choosing to ignore rail crossing safety. Railroad engineers, for their own sanity and safety, must be allowed to use all means to clear trackage ahead. One unhappy incident "fries" an# engineer and he should not have to live with that for the rest of his life. He will, even though the fault rests with the motorist. 2. Engineer whistles are a mark of character and are a part of American Heritage. It is his/her trademark and has always been a means of identifying a certain engineer. Don't take it away, but put some limitation on it. 3. Show some concern for the railroad. They were here first and the trackage rights bow to eminent domain. This is the same dumb thing we do with airports. We have trackage necessary for our country's economic livlihood. We build airports as a necessary part of transportation survival. Then zoning boards TRAIN up a child in the way he should G0: and when he is old, he will not depart from it. Proverbs 22:6 Page Two permit land developers to build right up to the tracks, right in the path of airport runways. Then the people who buy the homes in this foolishly zoned area raise complaints about noise or inconvenience. Why penalize the rail- road when we, the citizenry have permitted building to encroach upon a clear protected zone. I think serious thinking needs to be given as to why we permit housing right up to tracks, but then that America. Houses have always bordered tracks. Once is was the danger o fires, then smoke and soot, then whistles, now that and the danger of hazardous loads carried in and through our housing communities. We will not learn. Don't force the railroad to leave - it is part of our heritage, our homestead, our economy. Note: I am still concerned that the two teens who shot at the Soo conductor we labeled as good boys, when they committed a crime. Now we want to go after the railroad. Thank you for giving me the opportunity to express my concerns. I hope you will put limitations on whistles at night, but DO NOT CURTAIL their safety necessity. If you are genuinely concerned with noise for those living along the tracks, why don't you look into the condition behind my house. This condition exists between 11725 and 11825 53rd Avenue North. My neighbor to the West, Mr. Everett Monson, is not a healthy man and needs rest. To help, we have tried to get a very loud and bad situation corrected, but the railroad seems unresponsive to our pleas. Last summer, the rail line was rebuilt, reballasted, upgraded. However, behind our homes there is a large signal gap in the rails. Whistles are nothing compared to the louder than normal pounding as steel wheels hit this spot, especially during the winter. That lasts for an entire train. I am willing to accept it as part of steel -on -steel transportation. but I would like it corrected for my neighbor's sake. Sorry this was so long, but I realliappreciate a city council that allows the concerned public to express their feelings. I am sorry I will be in Tennessee the day of the meeting, for I would have been there to express this personally. Sincerely; Rev. Stephen R. Seidler City Council - Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 January 19, 1993 Dear City Council; Regarding the Train whistle restriction: I have already sent you a letter due to the fact I woill be out-of-state on February 8th. My wife and I have received several notices alarming the public to the train whistle noise and their voice seems to be growing. I responded personally, I am now responding on behalf of my wife. If it were not the 50th anniversary of my parents, I would fly back to the Twin Cities, just to attend the meeting - I FEEL THAT STRONGLY. We live along the Soo Railroad (CP Rail System) tracks on 53rd Avenue North. We live with railroad sounds as a part of Americana. Many towns across Minnesota listen for the train sound as a touch with reality and the rest of the world. I AM OPPOSED TO ANY BAN PROHIBITING LOCOMOTIVE ENG NDING OR BLOWING THE WHISTLE/HORN, REGARDLESS OF THE HOURS. I would agree that the railroad should monitor the actions of its engineers between the hours of 10 PM and 7 AM. Restrict, but DO NOT BAN. I have observed in the past few months, many (more than 10) instances of motorists driving around the lowered warning arms and ignoring the lights at Pinewood Lane, Larch Lane, and Zachary Lane, more so the latter two. Locomotives, as large as they are, with warning lights and headlights, even the CP System ditch lights as an additional warning, can be hidden and ignored. Especially at night, hours 10 PM to 7 AM, a locomotive can be easily hidden and lights obscured by surrounding lights. The engineer needs the whistle warning. Do not penalize him. Even a whistle can be over-ridden in cars that are sound -proof with stereos going. It is a sad travesty to people of a great state, but Minnesotoans are impatient, intolerable of anything that inconvenienced them. They speed getting to cabins. They drive too fast for winter conditions. They do not like a party or household disturbed by a whistle. They knew this when they bought the house. My initial premise is that the houses should NOT have been built close to a transportation corridor. Sure, let's get rid of the railroad, that will help our economy. Again, for our safety, the safety of my children coming home late from school functions, for the protection of the railroad, for sanity and common sense, do not impose a ban. Restrictions, maybe after sensible considerations, but no ban! Thank you for allowing us to express our very concerned convictions..__ ; Sincerely; Stephen and Connie Seidler 11725 53rd Avenue North Plymouth, MN 55442 til IVt( g t;C1U$$j1 It CIL I Q111 vau v11 vo OII lu 4GKmSw+"'''- i f" 1 L i a I.= ->2A '-1XCcam 2• -. s 7, sj gyp •-i r ,•. a:t` y a.t{N+''^"""('i , '. 7 ? 'G•'' r ws i+r .• .. '!;. ar• . ! 'C' yf1., t- i>', t`. L T ir'.7.12` j ,iZ. i.> t.Cy-. i t.: r - .-•`.-r• >. .•` t '' '!' l•'i .J - a ..>+r't : a •.I' ,. ris i • i -.j r w t a''. +s ?-.: —, y'='•- la''+' '-"" ar" s'Z" f. d`, ri' t1''w''f.yi "'1. .u.%>•s,.: ' llil+!'IWty•:%y r.'.. w,.. , r`:? at,Herald-Leeder/Cherles t3ertra Ca;s crossed the tracks'yesterday on Newtown Pike near West.Third,even'tfi_ough the;irain bould be seen approaching oto'tg,."::to violat&e ait r., . . o1i - a• _ . .•' f .:j1 ", '• ,, a !• ._e • ' i, By Mike Mayhan :'-- it :; -I; ple,ori'a'charge of ,disregarding Herald -Leader stat( writer y > 7n V i, railroad' dossing, said• . Lt Drexe More than'30 cars an trucks ' Neal. 'he violation is punishable b: dossed West Third Street and ' a fine bf not less than $30 and no t t g .[ .more than $100. ' , Newtown Pike last nigh again stop signal as'the CSX Transporta' I . Kentucky lawirequires driver tion'train"approached •a' to stop when"an electrical or mt i i , chahical !il$f1a1_ Waing ' Of . an flF µ>; - ;. '•i' But •Lexington ;polios were Pg ' when's ocs r • s . — • read matching foi'motorists who in' y, flashing red lights. gate is lowered, -wheif a flagma disregarded the flas isigi als or when an approachin tt + ti' s; " t 7 -% •°` '•. "What volt i ee : 'tS~tom 'cars 'gym -close enough to pose x : / . z i• "" i•. . Sr jgpl that g0 OVef.yVlth th„pOl1Ce StaIld : * hazard: Ing at the crossing, said Randy. • ; If the light is on, you mu: Winstead CSX senior trainmaster. stop," Neal said. "Under no circun sem ,. a --•f, ria "You can imagine if the police cars' } stances can you run it,, s^ , • r - weren't 'there you'd probably have But if the train is no, visible Lexington police officer Bill Neeiy gave. a ticket • to . a more takers than what you did.".. . motorist who crossed the railroad against the light.' Lexington police cited six peo- Please see TRAINS, f rN cT o r cn CL : i cu j.L. I- n 4. CD 71 mIM fi (pSry (D Cn C') n CL tF `? t= o oma M ^ ?' G °' % 3 0 'S Cf) p' R ^• a to N O' O • s <. o V. (n cD z in O vQ qo a. .d ina- q R$ti a rt ft Ln a • [Lp a. kms, a. = • . o S. cn L/'a. Com$ f, a v: t : •}y"r: y _..` 05p t/i :. pTj Vve ar.-- I.q., Whistles fium.ID-7om J. 00 We neap em Gepyl winter . Imes W I t7 nau- Is 1 00 Of so f` pnnC'iev I¢IZ XI_ i Cathy Bruer-Thompson 14520 - 45th Place North C7 C t Plymouth, Minnesota 55446 t ct n A l L { late - 0 t lGvt.G' l. i 5t lf fa. 1 J _ iLL 5 n-t"ne--1 ev oo em. -t-c l0,00jp , Z ccz LjV LLY LZ z-t' y.C' dyc-a S L'.u .: I U-t c. KENNETH E. JASPER 5015 FORESTVIEW LANE PLYMOUTH, MN. 55442 612-559-2751 January 24. 1993 City Of PLYMOUTH 3400 Plymouth Boulvard Plymouth. MN. 55447 Attn: MR. Frank Boyles o '-- Acting City Manager MR. Boyles And City Council Members: In my childhood, 30 + years ago, I could be found in the serenity and tranquilty of the Bass Lake area: fishing or exploring the rolling hills. woods and marshes. The sound of a train whistle would alert all in this serene setting that a train was approaching and serve to alert all within the area of possible danger. The train whistle has been a part of the serenity and tranquility of the area for numerous years and that whistle still serves as a warning to protect all within its' sound of an impending danger. In fact the whistle is one of the last things that remain of a truely tranquile and serene area that has since become a part of the cities growth. The complaints of residents about train whistles bothering their peace and tranquilty would seem to be a self induced problem. I cannot believe these residents were forced to purchase their homes. nor are they held here by force. It would, in fact, seem that the "good" for a few people is being looked at over the safety of many. Is one accident. injury. or death worth the price of no safety warnings to the many who travel the area?: when in fact other options are available to those who complain- Move ! Electronic arms fail, and the Zachery Lane crossing does so often, but the train engineer can give a warning, before it is too late. Yes. I am a resident of the Plymouth area effected and that train whistle rekindles fond childhood memories of a serenity and tranquilty few "locals" could ever understand. ore tantl the whistle serves as a necessary and effective safety warning for all w o yen ure into the SincerIy, Ken aspe Harrison Hills Homeo;nniers' AssociatiOrl January 29,1993 Cit; Council City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Council Members On behalf of the Harrison Hills Association Board of Directors, I am writing this letter. At our Hoard' meeting of January 29, we discussed Cie proposed train whistle ordinance. 'Re unanirriously voted in favor of keeping the present system in F -lace for safe, reasons. ven one Ille saved is worth minor discorri or the the homr?owners in the area. All of us are near tree tracks and are willing tr, lose sora= small amount of sleep if a life may be saved. Thank you for your consideration of our concerns. incerely yours, Janice M. Hogensori co -secretary Harrison Hills Association 3 February 1993 City Council City of Plymouth Plymouth, MN 55447 Dear Councilmembers: Ref: Railroad Train Whistle Blowing I am sorry that I will be on vacation on the 8th when you hold the public hearing on this matter. However I would like you to consider my comments below. This morning I happened to be up at 4:05 AM when I heard a train whistle. Curious I opened the window to hear better a few minutes later I heard the whistle again I think from the direction it was blowing for the crossing at Vicksburg Lane. Now I think that is about 4 or 5 miles from my home. If I can hear that whistle with the windows closed inside my home I can understand just what those neighbors hear and are upset about. However I also am concerned about prohibiting the train from sounding that same whistle. I read howmany people are injured or killed each year in the United States from train vehical collisions. I read howmany signals fail to operate properly. Just resently outside Chicago two trains came together killing several and injuring many others. Althought no motor vehical was involved signal failure was and it was reported that 10 other times that same signal failed in the past year. I read about local youths who shot a train crew member with a pellet gun in that same area. [chat would happen at 4 AM some morning if some youths shot the signal devise with a pellet gun and it did not work? With no train whistle on a foggy morning I don't believe the poor citizen on his or her way to work would stand much of a chance. If this should happen some morning, its foggy, the signal does not work and some car gets hit by a train, what kind of liability would the City of Plymouth be in that accident becouse they did not allow the train crew to blow that whistle. That crew is not going to know those lights are not flashing or the stop arms are not working most likely until its to late to sound that whistle in enough time to allow that driver to react. This proposal scares me in this_ matter the public safety is at sta e: Thank you for your consideration. Sincerely yours, A-/ /-- t -t George F. Wilson 475-1-056 February 5, 1993 Frank Boyles Acting City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mr. Boyles, 12520 53rd Avenue North Plymouth, MN 55442 Of We are not available to personally attend the forthcoming City Council meeting that will review the matter regarding excessive use of train whistles by Soo Line operators. Your thorough review of this matter is appreciated. At this time, we want to register our concern about this serious and aggravating problem. In our o i of whirLl e-hlaw-i n -i - detx int -e-o 1--heaiti- and ire l l being. The minimum ordinance should require no blowing of whistles as outlined in your proposed regulation. In addition, the boundaries should be extended well west of Pineview. We realize that this would require additional equipment at that crossing but request at least the same consideration as all crossings east of Pineview. Sincerely, Ted A. Larson r- Donna M. Larson Pamela J. Larson 0 b z J t00 o N N P t.A CJS W o o W p o oho a CD N cD n o to Nz Nz NCDCDbyob CD ^, o a CD v CD CD CD ao r. o o r7- CCD 1.1 p CD rA C y• N y Q. o e." CDrA 0 CD b=1 a CD o CD` s CD co ayLncr? c cCLD CD CD co CD o 0-4 b CD CD CD CD r7 CD .1 CD CD 7 CD CL G J m bye Z At x bd 3 C o cD sv CD. o- p.. CD C!i O ro N O W CD CD b CDD n CD A' CD CD z z 0 G? CD I, o p per' CD CD CL CD y n cr+ W CD r P caor. CD. CD o 0 a CD of CD CD I Y , CD p 3 y W o co n CD S Vii c CD CD y cn . CD Cy G. CD CD i W '* cc p-p- CL cD y CD CD CD o to CD CD CD b CD CD CD CD o oLn CD o R per b o CD CDCD O CCDCD a. O o CD CD w kw CD rA CD CD CD CD O" w o CD CSD CD CCD CDa 0 CD CD c y as r w C CD CD CD o o CDD e-' A z r d cn cn m MINUTES AM~ REGULAR COUNCIL MEETING JANUARY 25, 1993 The regular meeting of the Plymouth City Council was called to order by Mayor Bergman at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on January 25, 1993. PRESENT: Mayor Bergman, Councilmembers Edson, Helliwell, Tierney, and Vasiliou ABSENT: None STAFF PRESENT: Acting Manager Boyles, Public Works Director Moore, Community Development Director Dillerud, Finance Director Hahn, Public Safety Director Gerdes, Park and Recreation Director Blank, City Attorney Meller, and City Clerk Rauenhorst Mayor Bergman introduced Dwight Johnson, Plymouth's new City Manager effective February 1. Mayor Bergman invited residents to attend the Fire and Ice Festival on February 6 at Parkers Lake. ITEM 4-A PRESENTATION OF PLAQUES OF APPRECIATION Mayor Bergman presented a plaque to Roger Scherer in appreciation for his service on the Planning Commission from 1991 through 1993. Mayor Bergman also recognized the contributions of Marlene Waage to the Park and Recreation Advisory Commission and Lloyd Ricker to the Housing and Redevelopment Authority. They were unable to attend the meeting, and their plaques will be mailed. ITEM 4-B PUBLIC INFORMATION MEETING ON PROPOSED CITY CENTER EXPANSION PROJECT Acting Manager Boyles presented the staff report on the design development drawings for the proposed City Center expansion project. He stated the City Center was constructed in 1978. Due to the City's population growth, it has been necessary to reconfigure the open office landscape system numerous times to accommodate new staff positions. Seventy-two employees are currently housed in the City Center. He stated the office sizes have become substandard, the noise of daily operations with the open landscape system has tended to Regular Council Meeting January 25, 1993 Page 23 undermine employee work efforts, and there is insufficient space within the existing building envelope to once again reconfigure offices to meet future needs. He explained that in 1990 the Council engaged the services of Polson, Trossen and Wright, to conduct a needs analysis for the City Center. This study used the same assumptions as the Public Safety needs analysis including a 20 year planning timeline, offices sizes, and projections of employee growth. He stated that the number of staff positions is related to the population growth with respect to maintaining quality customer service; however, the number of positions are solely dependent on the City Council's annual budget deliberations. Acting Manager Boyles stated the expansion is needed to provide additional public meeting space; to alleviate noisy, cramped and inefficient office conditions; to provide additional office space so that new offices can be added as employees are added to meet increased service needs; and to improve building energy efficiency with furnace and window upgrades. He introduced Steve Polson of Polson-Trossen-Wright. Mr. Polson stated their firm conducted the needs analysis in 1989 for the Public Safety building. In 1991, the needs analysis was conducted for the City Center building. The needs were surveyed for a twenty year period. He stated the current space available is 13,732 sq. ft., compared to a current need of 19,525 sq. ft. The study projected that 28,945 sq. ft. will be required for the five departments that occupy the City Center building by the year 2011. He noted that the space which the public safety department will vacate in the lower level of the City Center is less than that currently needed. Mr. Polson stated that projections are based on population expansion with the assumption that the staffmg ratio per 1,000 population will remain constant over the next 20 years. It is estimated that the City's population will expand by 64 percent over the next 20 years. He noted that the plan also includes a linkage between the City Center and the Public Safety building. Mr. Polson introduced Cliff Wilson. Mr. Wilson showed the proposed plans and stated that Administration, Finance and Park & Recreation are proposed to be located in the upper level, with Community Development and Public Works in the lower level. He explained that the plan ensures that department functions are located properly in relation to each other to the extent possible, and he showed the location of the meeting rooms. He stated the existing lobby and public service counter concept will be retained under the proposed plan. Regular Council Meeting January 25, 1993 Page 24 Acting Manager Boyles stated the estimated project cost is $3,174,600. The following funding sources are proposed: Permanent Improvement Revolving fund - $1,000,000; Project Administration - $500,000; Public Facilities - 1,000,000; Water Fund - $500,000; and Sewer Fund - $200,000. He stated that the project should be done now in order to maintain a high degree of customer service and to improve employee efficiency. The funding is currently available without bonding or tax increase, and construction bids will be competitive in a positive bidding climate. Mayor Bergman invited the public to comment on the proposed City Center expansion. Richard A. Weibler, 12415 Ravenwood Road, stated he moved from southwest Minneapolis to Plymouth seven years ago because he was looking for a progressive community which afforded opportunities to his children. He stated he would not argue that the offices need expansion; however, he supports serving the needs of children in the community through construction of a community center as higher priority. He stated the City recently constructed new Public Safety and Public Works buildings and money should first be spent to provide recreational facilities to the residents. He suggested moving some of the City functions into the space vacated by Public Safety. This may serve the City's needs for the next few years, and money would be available now for a community center. Mayor Bergman stated that when the community center was proposed several years ago, his campaign theme was to redirect government money to the basic needs. Many residents concur with that philosophy, and the Council has addressed basic needs through the construction of the Public Safety and Public Works buildings, as well as Fire Station construction and remodeling. Councilmember Vasiliou stated the City added $3 million in parks last year through the construction of two playfields. In addition, the Council purchased a site in order to have a library in the City. She does not take issue with having a community center, but she is concerned with its ongoing maintenance and replacement costs. She stated the Council is working to provide a variety of services to meet the variety of needs of the residents. Councilmember Helliwell stated that she receives many calls from residents requesting a swimming pool. She would support construction of an outdoor swimming pool. She suggested that residents let Councilmembers know if they are interested in additional recreational facilities. Regular Council Meeting January 25, 1993 Page 25 Councilmember Tierney stated she views the City Center expansion project as the final step to update City facilities to meet future needs. She stated it may not be efficient to reconfigure the existing space if an expansion will be needed within five years. She noted that reconfiguration and expansion will cause a great deal of inconvenience during construction and this should not be done twice. She believes that just rearranging offices without the expansion will be economically efficient in the long term. Mayor Bergman explained to Mr. Weibler that the City Council has adopted a resolution stating that the community center issue would have to come to the voters through a referendum. Councilmember Edson added that in the early 1980's a referendum for a community center failed. In 1989, the majority of the citizens who voted in the local election were not supportive of a community center. He stated the City is working cooperatively with the athletic associations and four school districts that represent Plymouth to maximize recreational opportunities for residents. Councilmember Vasiliou stated she believes there is a need for increased space, but questioned the decision of whether to expand could be delayed until the public safety area is vacated and an alternate reconfiguration plan is considered, including moving offices to the fire stations and public safety building. She stated the timing of the project is in question - not the need. Councilmember Edson stated he understands Councilmember Vasiliou's comments about timing of the project. However, the City's single largest expenditure is personnel and they must have the tools to do their jobs efficiently including adequate space. He agreed that alternatives should be considered, but stated at this time he is leaning toward moving ahead with the expansion for long-term efficiency. Councilmember Tierney stated that the City is currently growing by 1,500 people per year and the Council should plan and manage for it. She stated that the adjacent Public Safety building could provide close and easy access for temporary space during construction. This may not be available if the expansion is delayed for several years. Councilmember Helliwell stated the City has built two fire stations, public works and public safety buildings. The Council has ensured adequate future space for all employees except the administrative employees. She stated that this project would not be proposed if there was currently adequate room to work and she supports the construction. Regular Council Meeting January 25, 1993 Page 26 Mayor Bergman concurred there is a need for additional space, but questioned the timing of the project. He stated that reconfiguration of the existing space may be adequate for the short term. Acting Manager Boyles suggested that the Council authorize the architect to prepare plans and specifications for the expansion. The Council can then determine whether to go ahead with the expansion at this time. Mayor Bergman asked the cost for preparing the plans and specifications. Mr. Polson estimated the cost at $84,000. He stated the same plans and specifications could be used in the future if the Council decided not to proceed with the project at this time based on the bids received. Councilmember Edson stated that the Council should also be aware of the cost to reconfigure the vacated public safety space. His firm recently reconfigured its office and the costs were substantial for relocating computer and telephone wires, etc. Mr. Polson stated that the entire building would have to be reconfigured - not only the public safety space in order to consider a five year use of the existing building. Councilmember Vasiliou stated she will support the authorization to prepare plans and specifications, but emphasized that a means will have to be achieved to adequately maintain, operate, and replace City facilities. Councilmember Tierney stated that the capital funds are currently adequate to construct the expansion, but there may not be funding for major projects for several years in the future. MOTION was made by Councilmember Tierney, seconded by Councilmember Vasiliou, to adopt RESOLUTION 93-36 CITY CENTER EXPANSION AND RENOVATION - APPROVAL OF DESIGN DEVELOPMENT DRAWINGS AND AUTHORIZATION TO PROCEED WITH PREPARATION OF PLANS AND SPECIFICATIONS (PROJECT 126). Motion carried on a roll call vote, five ayes. Regular Council Meeting January 25, 1993 Page 27 ITEM 5 APPROVE AGENDA Mayor Bergman requested that the following items be added to the agenda: message on utility billing; article regarding Hennepin County meeting rules; and settlement agreement on retaining wall suit. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to approve the agenda with the three additions noted. Motion carried, five ayes. ITEM 6 CONSENT AGENDA The following items were removed from the Consent Agenda: Item 6-E, 6-P, 6-S-3, 6-R-1, 6-R-2. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt the Consent Agenda as amended. Motion carried on a roll call vote, five ayes. ITEM 6-A APPROVE MINUTES MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to approve the minutes of the January 4, 1993, council meeting. Motion carried on a roll call vote, five ayes. ITEM 6-B DISBURSEMENTS FOR PERIOD ENDING 12-31-92 MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-37 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING DEC. 31, 1992. Motion carried on a roll call vote, five ayes. ITEM 6-C 1993 PARK FEES AND RENTAL POLICIES MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-38 APPROVING 1993 PARKERS LAKE PAVILION RENTAL POLICY AND 1993 PARK FACILITIES RENTAL POLICY AND FEE SCHEDULE. Regular Council Meeting January 25, 1993 ` Page 28 Motion carried on a roll call vote, five ayes. ITEM 6-D SET HEARING ON LIQUOR LICENSE APPLICATION OF THUNSTROM ENTERPRISES MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-39 SETTING PUBLIC HEARING ON WINE AND ON -SALE 3.2 LIQUOR LICENSE APPLICATIONS OF THUNSTROM ENTERPRISES INC. Motion carried on a roll call vote, five ayes. ITEM 6-E APPROVE PLANS AND ADVERTISE FOR BIDS FOR PROJECT 220, LARCH HEIGHTS LAGOON Councilmember Vasiliou stated it is imperative that the Larch Heights Lagoon project receive high priority. She stated the Council heard the residents concerns in May, the project was authorized in July, but it still has not been completed. She stated staff needs to let citizens know when a delay occurs on this and other projects. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 93-40 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, LARCH HEIGHTS LAGOON OUTLET IlVIPROVEMENTS, CITY PROJECT NO. 220. Motion carried on a roll call vote, five ayes. ITEM 6-F PAN -O -GOLD BAKING COMPANY. CONDITIONAL USE PERMIT AT 3130 RANCHVIEW LANE (92116) MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-41 APPROVING CONDITIONAL USE PERMIT FOR PAN -O -GOLD BAKING COMPANY FOR ADVANTAGE LEASING AND SALES (92116). Motion carried on a roll call vote, five ayes. Regular Council Meeting January 25, 1993 Page 29 ITEM 6-G COLOR SIGN SYSTEMS. AMENDED PUD SIGN PLAN FOR CUB FOOD BUILDING (92117) MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-42 APPROVING AMENDED MIMED PLANNED UNIT DEVELOPMENT SIGN PLAN FOR "CUB FOODS" 9211'). Motion carried on a roll call vote, five ayes. ITEM 6-H FRANK'S NURSERY. AMENDED MPUD PLAN AND CONDITIONAL USE PERMIT (92118) MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-43 APPROVING AMENDED MIXED PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT AND FINAL SITE PLAN FOR ROCKFORD ROAD PLAZA 92118). Motion carried on a roll call vote, five ayes. ITEM 6-I GAGE MARKETING GROUP. RELEASE OF SITE PERFORMANCE GUARANTEE (92106) MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-44 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR GAGE MARKETING GROUP, INC., FOR THE S.J. GROVES BUELDING LOCATED AT 10000 STATE HIGHWAY 55 (92106). Motion carried on a roll call vote, five ayes. ITEM 6-J TARGET-GREATLAND. RELEASE OF SITE PERFORMANCE GUARANTEE (90025) MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-45 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR TARGET, INC., FOR TARGET GREATLAND LOCATED AT THE NORTHEAST QUADRANT OF I-494 AND COUNTY ROAD 9 (90025). Motion carried on a roll call vote, five ayes. Regular Council Meeting January 25, 1993 Page 30 ITEM 6-K WAGNER SPRAY TECH. REDUCTION OF SITE PERFORMANCE GUARANTEE (91091) (92091) MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-46 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR WAGNER SPRAY TECH LOCATED AT 1770 FERNBROOK LANE NORTH (91091) (92091). Motion carried on a roll call vote, five ayes. ITEM 6-L APPROVING 1993 STREET TREE TRE"ME14G CONTRACT MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-47 APPROVING 1993 STREET TREE TREVIMING CONTRACT. Motion carried on a roll call vote, five ayes. ITEM 6-M APPROVING CHANGE ORDER NO. 5 PUBLIC SAFETY BUILDING, PROTECT 017 MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-48 APPROVING CHANGE ORDER NO. 5, CITY CENTER EXPANSION PUBLIC SAFETY BUILDING, CITY PROJECT NO. 017. Motion carried on a roll call vote, five ayes. ITEM 6-N APPROVE PAYMENT NO. 5 FOR 1992 STREET RECONSTRUCTION PROGRAM, PROJECT 201 MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-49 REQUEST FOR PAYMENT NO. 5, 1992 STREET RECONSTRUCTION, CITY PROJECT NO. 201. Motion carried on a roll call vote, five ayes. Regular Council Meeting January 25, 1993 Page 31 ITEM 6-0 SET HEARING ON VACATION OF EASEMENTS MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-50 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF A PORTION OF A DRAINAGE AND UTILITY EASEMENT, LOT 4, BLOCK 2, ZACHARY HILLS. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-51 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF A PORTION OF MEDICINE LAKE DRIVE WEST - STREET RIGHT-OF-WAY, BASS LAKE TERRACE ADDITION. Motion carried on a roll call vote, five ayes. ITEM 6-P-1 WETLAND MITIGATION PLAN FOR GEM ENTERPRISE As requested by Councilmember Helliwell, Public Works Director Moore presented the staff report on the request for filling of wetlands and mitigation plan for GEM Enterprise (Plymouth Shopping Center). He explained that the plan covers filling of the ditch south of Highway 55 and east of the Plymouth Shopping Center. The open drainageway is about 15-20' wide. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-52 APPROVING WETLAND MITIGATION PLAN, GEM ENTERPRISE (PLYMOUTH SHOPPING CENTER) . Motion carried on a roll call vote, five ayes. ITEM 6-P-2 WETLAND MITIGATION PLAN FOR EAGLEWOOD ADDITION 92110 MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-53 APPROVING WETLAND MITIGATION PLAN FOR EAGLEWOOD ADDITION. Motion carried on a roll call vote, five ayes. Regular Council Meeting January 25, 1993 Page 32 ITEM 6-Q ORDER STREET LIGHTING EVIPROVEM[ENTS FOR FERNBROOK MANOR ADDITION MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-54 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - FERNBROOK MANOR ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-55 RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING, FERNBROOK MANOR ADDITION. Motion carried on a roll call vote, five ayes. ITEM 6-R APPROVE HOURLY RATES FOR ENGINEERING SERVICES Councilmember Vasiliou stated that the staff report on the amendment of engineering services rates for Bonestroo, Rosene, Anderlik and Associates; and Strgar-Roscoe-Fausch indicates the various proposed rates are a 4 to 8 percent increase and that no increase has been given in two years. She stated the increase is reasonable since there has been no increase in two years, but questioned the effective dates of the new rates. She also asked if the consultants are paid for attending City Council meetings. Director Moore stated the revised rates would become effective for both funis on February 1. He stated consultants do not charge the City an hourly rate for attending the Council meetings unless they are specifically requested to attend to present a specific engineering project to the Council. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 93-56 AMENDING ENGINEERING SERVICES AGREEMENT FOR BONESTROO, ROSENE, ANDERLIK AND ASSOCIATES, INC. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to adopt RESOLUTION 93-57 AMENDING ENGINEERING SERVICES AGREEMENT FOR STRGAR-ROSCOE-FAUSCH, INC. Regular Council Meeting January 25, 1993 Page 33 Motion carried on a roll call vote, five ayes. ITEM 6-S DEVELOPMENT CONTRACT BOND REDUCTIONS MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-58 REDUCING DEVELOPMENT BOND, HARBOR WOODS ADDITION (90093). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-59 REDUCING DEVELOPMENT BOND, BASS CREEK BUSINESS PARK ADDITION (89061). Motion carried on a roll call vote, five ayes. Councilmember Helliwell stated that the proposed development contract bond reduction for Lake Camelot Estates 3rd Addition indicates that only $1,000 would remain for sewer cleaning. She stated the pond near her house in Lake Camelot Estates is full of silt from erosion and asked whether this will be cleaned. Director Moore stated the pond is not within the phase of Lake Camelot Estates covered by this bond. Mayor Bergman and Councilmember Helliwell stated they believe the erosion is coming from the phase of Lake Camelot that this bond covers. Director Moore suggested that this item be deferred in order for staff to investigate and report back. MOTION was made by Councilmember Helliwell, seconded by Mayor Bergman, to defer the development contract bond reduction for Lake Camelot Estates 3rd Addition (89044) and to direct staff to investigate and report back. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-60 REDUCING DEVELOPMENT BOND, KINGSWAY ESTATES ADDITION (90081). Motion carried on a roll call vote, five ayes. Regular Council Meeting January 25, 1993 Page 34 ITEM 6-T DECLARE SURPLUS PROPERTY AND AUTHORIZE CONVEYANCE IN BASS LAKE HEIGHTS 4TH ADDITION MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to adopt RESOLUTION 93-61 DECLARING SURPLUS PROPERTY AND AUTHORIZING THE MAYOR AND CITY MANAGER TO CONVEY SURPLUS PROPERTY TO ADJOINING PROPERTY OWNERS. Motion carried on a roll call vote, five ayes. ITEM 7-A 1992 WEED ERADICATION AND DESTRUCTION ROLL 2 Finance Director Hahn presented the 1992 Weed Eradication and Destruction Roll 2. Mayor Bergman opened the assessment hearing at 8:32 p.m. Larry Laukka, Parkers Lake, stated he is being assessed $2,300 for weed eradication in 1992. He believes the situation is rather unique because of the wetlands that exist on the site. He stated that the Corps of Engineers determined he was in violation of the Wetlands Act in May. In July, mitigation efforts were approved and the project continued. During the interim, he received a letter from the City Weed Inspector informing him to cut the weeds. He stated that in response to the letter, everything was cut except the wetland areas. The City then cut the remaining wetland areas and assessed him for the charges. He understands that money was spent by the City to cut the weeds, but requested some relief from the billing amount due to the unique circumstances. Councilmember Tierney asked who advised Mr. Laukka not to cut the wetland areas. Mr. Laukka stated his engineering consultant, BRW, advised that he not cut the weeds in that area. The Corps of Engineers did not provide that information in writing. Mayor Bergman asked what was the actual City cost for weed eradication. He suggested that in this case, perhaps the administrative portion of the hourly fee could be waived. Councilmember Vasiliou concurred that would be reasonable given the circumstances in this situation. Regular Council Meeting January 25, 1993 Page 35 Finance Director Hahn stated the actual City cost for mowing the Laukka property was $870. He noted that the areas were heavily infested with thistles which the City is required to eradicate under state law. Mayor Bergman closed the hearing at 8:45 p.m. MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to adopt RESOLUTION 93-62 ADOPTING ASSESSMENTS, 1992 WEED ERADICATION AND DESTRUCTION, ROLL 2, amending the assessment for Laukka Williams Parkers Lake to $870. Motion carried on a roll call vote, five ayes. MESSAGE ON UTILITY BILLINGS Mayor Bergman stated the recent message on the utility billings indicated that the City Council adopted an increase in the sewer rate. However, the message said nothing about the reason for the increase. He requested that the message be rerun on the future billing to the effect that "Due to a 14.7 % rate increase from the Metropolitan Waste Control Commission, the Council has adopted a sewer rate increase of 4.6% effective on the next monthly billing." He stated this will more accurately inform the public of the reason for the increase. The Council had no objection. NEWSPAPER ARTICLE ON HENNEPIN COUNTY BOARD RULES Mayor Bergman referenced a newspaper article regarding the newly elected Hennepin County Board, and stated that they had adopted rules relating to the conduct of their meetings and interactions with each other. He requested that staff obtain a copy of the rules from Commissioner Emily Anne Staples for Council consideration for goal setting or establishing goals and objectives. SETTLEMENT AGREEMENT - BEGIN CONTRACTING COMPANY Acting Manager Boyles stated that a proposed settlement has been reached with Begin Contracting Company relating to the retaining wall issue. MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt RESOLUTION 93-63 APPROVING A SETTLEMENT AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND BEGIN CONTRACTING COMPANY WITH RESPECT TO DISTRICT COURT FILE NO. 89-014145. Regular Council Meeting January 25, 1993 Page 36 Motion carried on a roll call vote, five ayes. ITEM 8-A REVISION OF PARK DEDICATION FEES Park and Recreation Director Blank stated that the park dedication fees were last increased in 1991. He recommended that the residential fee be increased from 860 to $910 per unit, and the commercial/industrial land be increased from 3,500 to $3,700 per acre. Councilmember Vasiliou stated this is a 5.9 percent increase and she will not support it. She would support a 3 percent increase. Councilmember Helliwell asked the amount of the increase in 1991. Director Blank responded that the residential fee was increased from $825 to 860 in 1991, which was a 4.2 percent increase. Historically, the Council has amended the fee every one or two years. Councilmember Helliwell stated the proposed amount is reasonable since there was no increase in 1992. Acting Manager Boyles stated the park dedication fees are used to develop parks and, when the park system is complete, to replace and maintain the park facilities. Councilmember Edson noted that the current commercial fee is among the highest of the cities surveyed. MOTION was made by Councilmember Edson, seconded by Mayor Bergman, to adopt RESOLUTION 93-64 APPROVING PARK DEDICATION FEES FOR 1993, setting the residential fee at $885 per unit and the commercial/industrial fee at $3,600 per acre, which would be a 3 percent increase. Motion carried on a roll call vote, five ayes. ITEM 8-B VICKSBURG LANE/37TH AVENUE LEFT -TURN LANE Public Works Director Moore stated that the City Council recently approved the Preliminary Plat for the proposed Sugar Hills Addition along the west side of Vicksburg Lane north of Highway 55. One of the items discussed was the staff recommendation that the developer be responsible to construct a left turn lane Regular Council Meeting January 25, 1993 Page 37 on Vicksburg Lane into 37th Avenue to serve the development. Staff had recommended that the developer pay 50 percent of the construction cost, or 68,832. The City's consultant has worked on the final plans and has a more accurate cost projection. The estimated cost for the northbound turn lane to serve the new development is $60,500. The cost for the southbound left turn lane into existing 37th Avenue is $65,860. Director Moore recommended that the developer be required to construct the northbound turn lane at an estimated cost of $60,500. Don Ringrose, BRW Inc., requested that the cost to the developer be reduced to 15,000. He stated that this would be the actual cost to construct the turn lane if Vicksburg Lane had been built to a uniform 72' width in this area. He stated this development will not generate a lot of traffic in comparison to the total traffic on Vicksburg Lane. Councilmember Vasiliou stated that although this development may not generate a significant amount of traffic, the left -turn lane is needed for access to the plat. Therefore, this development benefits a great deal from the turn lane. MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell, to require the developer to construct the northbound left -turn lane at an estimated cost of $60,500. Councilmember Tierney asked if staff had determined why Vicksburg Lane was not constructed at a consistent width. Director Moore stated he did not determine anything definitive from his research on the issue. The Vicksburg Lane improvements were constructed in 1979, along with the other street improvements in "Downtown Plymouth". He stated that 37th Avenue was not included in the "Downtown Plymouth" Concept Plan, and Vicksburg Lane was not originally constructed to accommodate all future development. For example, additional improvements were needed with the CUB Food development. Motion carried on a roll call vote, five ayes. ITEM 8-C ORRIN THOMPSON HOMES. RPUD CONCEPT PLAN, PREL. PLAN/PLAT AND CUP; REZONING; AND SUBD. CODE VARIANCE AT OLD ROCKFORD ROAD AND DUNKIRK LANE (92115) Community Development Director Dillerud stated the Planning Commission, on a unanimous vote, recommended denial of the request of Orrin Thompson Homes for Residential Planned Unit Development Concept Plan, Preliminary Regular Council Meeting January 25, 1993 Page 38 Plan/Plat and Conditional Use Permit; Rezoning; and Subdivision Code Variance for property located at the southeast corner of Old Rockford Road and Dunkirk Lane. The development would result in a total of 264 units on a 122.5 acre site. Of this total, 104 units would be twinhomes on the northern portion of the site, north of Plymouth Creek. The balance would be single family dwellings. The Planning Commission found that the concept of twinhomes located in the northwest corner of the site was not compatible with the single family uses located to the north and west; and, inconsistent with the transition provisions of the PUD Ordinance where other than single family detached style housing is to be located on land classified LA -1. The Commission also found that alternative locations for the twinhomes could be found elsewhere on this site where the Land Use Guiding is LA -2. Greg Frank, McCombs, Frank, Roos, Associates, described the proposed Concept Plan. He stated that three phases of construction are proposed. He concurred that the Planning Commission objection to the Plan was largely due to the twinhomes located at the northerly edge of the site. He stated the twinhome design will replicate the single family design and be comparable in size. Mr. Frank stated that landscaping and berming is proposed along Dunkirk Lane and Rockford Road for transition between the twinhomes and the existing single family homes to the north and west. He stated there is a 15' drop in grade from Rockford Road to Plymouth Creek, and the twinhomes will be recessed below Rockford Road. Bill Pritchard, Orrin Thompson Homes, stated he has been designing this development for three years. The topography is difficult because of the creek and change in elevation. He asked if there is additional direction the Council could provide with respect to additional transition elements or design modifications that could be done to enhance the transition that was not discussed at the Planning Commission meeting. He stated that perhaps single family homes could be constructed along the north and west edge of the site with the twinhomes on the interior lots north of Plymouth Creek. Mr. Pritchard stated that single family homes would be mandatory members of the association, along with the twinhomes. He asked that the Council give direction for modification to the Planning Commission, rather than deny the request. Councilmember Vasiliou stated that the Planning Commission minutes adequately reflect the concerns expressed by the Commission members and residents. The Council should not be discussing or directing the Planning Commission with regard to a change in design that was not considered at the Planning Commission public hearing. Regular Council Meeting January 25, 1993 Page 39 Mayor Bergman stated that the amendment suggested by Mr. Pritchard may pose a transition problem with the single family homes within the development, and the phasing of construction could be very important so that single family homeowners are not surprised by construction of adjacent twinhomes. Director Dillerud stated there is no mandatory internal transition. This is usually a marketing issue for the developer. Councilmember Edson stated the size of the trees used for transition need to be specified. Bernard Barr, 11670 61st Avenue North, asked about the project phasing. He believes the twinhomes will be constructed as the third phase, and people who purchase the single family homes should be made aware of the proposed twinhomes. Councilmember Vasiliou stated her primary concern is that the proposed plan does not have enough transition. Chad Quiggle, 16440 Old Rockford Road, asked what the next step would be. He stated that during the reguiding discussions in 1991, he had understood that single family dwellings would be constructed along the north edge of the site. Mayor Bergman stated that if the applications are denied by the City Council, Mr. Pritchard could submit a revised Concept Plan to the Planning Commission and residents would again be able to comment. Tom Carl, 16440 Old Rockford Road, stated that he does not feel it is an appropriate transition to have twinhomes on the northerly portion of the property. He stated that during a meeting with Orrin Thompson Homes, they indicated that Plymouth Creek is a natural transition. Mr. Carl suggested that the twin homes be constructed south of Plymouth Creek, with single family homes north of Plymouth Creek, for maximum transition. Kevin Leuer, 4335 Weston Lane, suggested that the twinhomes could be constructed along the south edge of the Sugar Hills development. This would be a consistent transition with the twinhomes proposed in the adjacent plats. He stated it is difficult to provide appropriate transition if the twinhomes are constructed north of Plymouth Creek. Regular Council Meeting January 25, 1993 Page 40 Mr. Pritchard stated that his intent was to construct the twinhomes in the first phase. The north portion of the site will be the first phase since there is existing access. Director Dillerud stated that there are alternate locations on the site for the placement of the twinhomes. The developer could take advantage of natural transition elements such as the creek, wetland, school site, and remaining woodland. One possible location would be directly south of Plymouth Creek where there would be a natural transition on three sides of the twinhomes. MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to adopt RESOLUTION 93-65 DENYING RESIDENTIAL PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR THOMPSON LAND DEVELOPMENT, INC. LOCATED SOUTHEAST OF COUNTY ROAD 9 AND DUNKIRK LANE NORTH (92115). Motion carried on a roll call vote, five ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Edson, to adopt RESOLUTION 93-66 DENYING RESIDENTIAL PLANNED UNIT DEVELOPMENT PRELIMINARY PLAT/PLAN AND CONDITIONAL USE PERMIT AND VARIANCE FOR THOMPSON LAND DEVELOPMENT, INC. LOCATED NORTHEAST OF COUNTY ROAD 9 AND DUNKIRK LANE NORTH (92115). Motion carried on a roll call vote, five ayes. ITEM 8-D RENEWAL OF INTOXICATING LIQUOR LICENSES Acting Manager Boyles recommended renewal of all intoxicating liquor license applications. He stated that Four Seasons Liquors is a tenant in the Four Seasons Mall which has delinquent property taxes. Staff has been advised that the mall owner intends to get their real estate taxes paid current by April 1993. He suggested that the Council approve the license with the condition that a report be provided by April 30 and November 30 on the tax status of the mall property. Councilmember Vasiliou stated the staff report indicated that Kenny's Liquors Inc., had been cited with a sale to minors violation. She asked when this would be considered by the Council and noted that this licensee has had previous violations. Regular Council Meeting January 25, 1993 Page 41 Acting Manager Boyles stated that the City has not been informed of the final disposition of the case through the court system. As soon as the case is completed, the Council will be provided with copies of the reports in order to schedule a public hearing to consider suspension or revocation of the liquor license. MOTION was made by Mayor Bergman, seconded by Councilmember Tierney, to adopt RESOLUTION 93-67 APPROVAL OF ON -SALE AND SUNDAY INTOXICATING LIQUOR, OFF -SALE INTOXICATING LIQUOR, AND WINE LICENSES, with the condition on the Four Seasons Liquor license approval that a report be provided on the property tax status of the Four Seasons Mall property by April 15 and November 15, 1993. Motion carried on a roll call vote, five ayes. ITEM 8-E APPOINTMENTS TO BOARDS, COMMISSIONS. AND WATER MANAGEMENT ORGANIZATIONS MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell, to adopt RESOLUTION 93-68 APPOINTMENT TO PARK AND RECREATION ADVISORY COMMISSION, appointing Lynn Mikula as an At -Large designation for a term to expire 1/31/95, and changing the designation for Mary Kay Watson from At -Large to Ward 1 for her existing term which will expire 1/31/96. Motion carried on a roll call vote, five ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell, to adopt RESOLUTION 93-69 APPOINTING TO WEST HENNEPIN HUMAN SERVICES PLANNING BOARD, appointing Nancy O'Brien for a term expiring January, 1995. Motion carried on a roll call vote, five ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell, to adopt RESOLUTION 93-70 APPOINTMENT TO NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL, appointing Frank Boyles to the Executive Committee for a term to expire December 31, 1993; and Anneliese E. Dilworth to the Advisory Committee for a term to expire December 31, 1994. Motion carried on a roll call vote, five ayes. Regular Council Meeting January 25, 1993 Page 42 MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell, to adopt RESOLUTION 93-71 APPOINTMENT TO WEST SUBURBAN MEDIATION CENTER BOARD, appointing Thomas Phillips for a term to expire January 31, 1996. Motion carried on a roll call vote, five ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell, to adopt RESOLUTION 93-72 APPOINTMENTS TO WATER MANAGEMENT ORGANIZATIONS. Motion carried on a roll call vote, five ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell, to adopt RESOLUTION 93-73 APPOINTMENT TO WATER QUALITY COMMITTEE, appointing David Shea for a term to expire January 31, 1994. Motion carried on a roll call vote, five ayes. ITEM 8-F-1 COUNCIL DIRECTIVES The Council reviewed the pending and completed City Council directives and several status updates were made. Councilmember Tierney stated she has contacted the athletic associations and suggested that the issue of permanent equipment storage be referred to the Park and Recreation Advisory Commission for further consideration. Councilmembers Edson and Vasiliou suggested that the athletic associations be advised they can address the Park and Recreation Advisory Commission on the presentation portion of the PRAC agenda each month. Councilmember Vasiliou stated she has been working with Interfaith Outreach and the West Suburban Health Campus and will provide a copy of the Interfaith Outreach proposal to the Council. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to accept the City Council directives report. Motion carried, five ayes. Regular Council Meeting January 25, 1993 Page 43 ITEM 8-F-2 CAPITAL DvIPROVEMENT AND PROJECT STATUS REPORT Public Works Director Moore presented the Capital Improvement and Project Status Reports. Mayor Bergman asked staff to comment on the status of the Ridgemount Trail. Park Director Blank stated that the Park and Recreation Advisory Commission reviewed the request for a trail along Ridgemount Trail. This trail would be 2/3 in Plymouth and 1/3 in Minnetonka. The estimated cost for the Plymouth portion is $170,000. Director Blank stated the Capital Improvement Program contains $175,000 for trail improvements and PRAC considered whether to recommend to the Council to only do the Ridgemount Trail project or to do several projects throughout the City. Since the City of Minnetonka is not in a position to pay its 1/3 share of the cost, Plymouth staff recommended to PRAC that the trail not be constructed in 1993. Residents along Ridgemount Avenue were invited to attend the PRAC meeting and were advised of the staff recommendation. Mayor Bergman requested that staff also send a letter to the Ridgemount School Principal and PTO advising of the status of this request. Councilmember Edson stated he received a phone call that a backhoe has been parked for several days at Schmidt Lake Road and Balsam Lane in the common area of the Jamestown development. He asked if staff was aware of any projects in the area. Director Moore stated he is unaware of any projects. He will check and report back. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to accept the Project Status Reports. Motion carried, five ayes. ITEM 8-G TAX FORFEIT PARCELS Acting Manager Boyles stated that annually the City receives from Hennepin County a list of parcels which have gone into tax forfeiture due to nonpayment of ad valorum taxes or special assessments. This year two parcels are in tax forfeiture. The first parcel is about 3,500 sq. ft. and is located on the southeast Regular Council Meeting January 25, 1993 Page 44 shore of Medicine Lake. He recommended that this parcel be conveyed for public use, namely waterfront. The second parcel is on the east shore of Hidden Lake at Medicine Lake Drive and 12th Avenue North. The parcel is about 10,000 sq. ft. Acting Manager Boyles recommended that this parcel also be retained for waterfront purposes. Mayor Bergman asked staff to further explain each parcel. Director Moore stated that the parcel on Hidden Lake is at the channel outlet to the lake. The other parcel abuts Medicine Lake and has no access except by boat. Mayor Bergman stated there is value in retaining the Hidden Lake parcel in order to ensure that the channel outlet remains open. However, he questioned whether the other parcel is of value to the City. Acting Manager Boyles stated the Council could declare the Medicine Lake parcel as unbuildable and offer it for sale to the abutting property owners. The City could retain easements for drainage. MOTION was made by Mayor Bergman, seconded by Councilmember Vasiliou, to adopt RESOLUTION 93-74 REQUESTING THE CONVEYANCE OF TAX FORFEIT TO THE CITY OF PLYMOUTH FOR PUBLIC USE, with respect to parcel 35-118-22-11-0035 Waterfront/ Rush Creek (Hidden Lake). Motion carried on a roll call vote, five ayes. MOTION was made by Mayor Bergman, seconded by Councilmember Vasiliou, to adopt RESOLUTION 93-75 DECLARING PARCEL 26-118-22- 44-0001 AS UNBUILDABLE AND OFFERING FOR SALE TO ABUTTING PROPERTY OWNERS, with respect to the Waterfront Medicine Lake parcel. Motion carried on a roll call vote, five ayes. ITEM 8-11 RECODIFICATION OF CITY CODE Acting Manager Boyles stated the passage of the City Charter necessitates a recodification of the city code book to assure it is consistent. The City Attorney's office has submitted a proposal at a cost not to exceed $18,000 to do Regular Council Meeting January 25, 1993 Page 45 this work, excluding the zoning ordinance. He recommended that Best and Flanagan be directed to initiate the recodification of the City Code. Mayor Bergman questioned whether the City policy that requires expenditures over $15,000 to be bid applies in this case. Acting Manager Boyles stated that under the competitive bidding statute, recodification would constitute a "professional service" and, therefore, be exempt from the requirement. The Council concurred that since the City Attorney drafts the ordinances and provides codification changes to the staff, recodification by a third entity would add unnecessary expense to the process. MOTION was made by Councilmember Tierney, seconded by Councilmember Edson, to adopt RESOLUTION 93-76 AUTHORIZING THE RECODIFICATION OF THE PLYMOUTH CITY CODE. Motion carried on a roll call vote, five ayes. ITEM 8-H-1 INSURANCE CLAIMS REPORTS Finance Director Hahn presented the pending insurance claims report. Councilmember Vasiliou asked who defends the City in these cases? Director Hahn stated in most cases it is the insurance company's attorney through the League of Minnesota Cities Insurance Trust. Councilmember Vasiliou questioned a claim submitted on 04-30-92 alleging that the as -built plan showed the sewer stub on the wrong side of a corner lot. She stated that providing an appropriate as -built carries legal ramifications, and the engineer who certified the as -built should be held responsible. Director Moore stated this was part of the improvements done by the developer for Lake Camelot Estates. Finance Director Hahn stated staff will keep the Council advised on the status of this claim. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to accept the insurance claims report. Regular Council Meeting January 25, 1993 ` Page 46 Motion carried, five ayes. ITEM 8-I-2 PENDING CIVIL LITIGATION REPORT MOTION was made by Mayor Bergman, seconded by Councilmember Vasiliou, to accept the pending civil litigation report. Motion carried, five ayes. Councilmember Vasiliou requested that the Council periodically be provided with a list of fire calls. Public Safety Director Gerdes stated staff will work to develop a report which would contain type of fire, location, etc. ITEM 8-I-3 COUNCIL GOALS AND OBJECTIVES Acting Manager Boyles reviewed the Council Goals and Objectives. He noted that joint meetings are scheduled with each of the four school districts. Mayor Bergman suggested that with respect to the Council's goal to strengthen rapport and encourage retention of Plymouth businesses, that the Council conduct Town Meetings for commercial/industrial businesses. The following topics could be included for discussion: volunteerism, transportation, business resources, City services, parks, and community development issues. Councilmember Vasiliou suggested that the town meetings be held at various times throughout the day to get the best response. Councilmember Edson suggested sessions at 7:30 a.m. and at 5:00 p.m. for the best attendance. ITEM 84 AUTHORIZING PEDDLERS TO SELL AT MUSIC IN PLYMOUTH Acting Manager Boyles stated that historically, permission to operate concession sales at Music in Plymouth has been granted informally by the Plymouth Civic League. Concessionaires have respected their financial responsibility that a percentage of concession sales be returned to the Civic League. Last year, one vendor sold concessions at Music in Plymouth without permission and failed to return a percentage of sales. Acting Manager Boyles recommended that the Council adopt a resolution confirming the existing City Code Section 805.01, Subd. 7, which states that persons may sell in public parks or property only when issued a license to do so by the City. If the Council adopts such a Regular Council Meeting January 25, 1993 Page 47 resolution, all future vendors at Music in Plymouth will have to obtain a peddlers permit from the City at a cost of $25 prior to making concession sales at the event. A precondition to receiving the permit is a letter, signed by the Plymouth Civic League, granting permission to sell at the event. The Council discussed whether the $25 permit fee should be charged and whether the City could require the approval of the Civic League as a condition of the permit. Councilmember Edson stated the situation is similar to the City granting a vendor permission to sell concessions at a playfield for a softball tournament. The City only issues the permit with the approval of the athletic association hosting the event, and a permit fee is charged. Public Safety Director Gerdes stated there needs to be some way of limiting the number of concessions at Music in Plymouth. He believes the permit process is a reasonable means to accomplish that. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION 93-77 AUTHORIZING PEDDLERS TO SELL AT MUSIC IN PLYMOUTH. Motion carried on a roll call vote, five ayes. ITEM 8-K CHANGING FINANCIAL ADVISORY COMMITTEE FROM FIVE TO SEVEN MEMBERS Finance Director Hahn stated the Financial Advisory Committee has recommended that its membership be increased from five to seven members. If one or two members cannot attend the meeting, a constructive meeting could still be held, and additional views could be presented. Mayor Bergman stated he had heard there is one member who has failed to meet the attendance policy for commissioners. MOTION was made by Councilmember Edson, seconded by Councilmember Tierney, to adopt RESOLUTION 93-78 AUTHORIZING THE CHARGE OF THE FINANCIAL ADVISORY COMMITTEE FOR THE CITY OF PLYMOUTH. Motion carried on a roll call vote, five ayes. Regular Council Meeting January 25, 1993 Page 48 The Council directed staff to prepare for the Financial Advisory Committee Chairperson's signature to the member who has not maintained the required attendance with respect to his intentions for remaining on the Committee. Staff was directed to provide the Council with copies of the applications received for the Financial Advisory Committee. ITEM 8-L 1993 LABOR AGREEMENT BETWEEN THE CITY AND LAW ENFORCEMENT LABOR SERVICES REPRESENTING POLICE SERGEANTS MOTION was made by Councilmember Helliwell, seconded by Councilmember Tierney, to adopt a resolution approving the 1993 Labor Agreement between the City and Law Enforcement Labor Services, Inc., representing police sergeants. Mayor Bergman stated the public is looking for fiscal restraint, and he will not support the 4 percent increase in wages. Councilmember Edson stated he also has a problem with the proposed 4 percent increase, particularly since this is a one year contract. Councilmember Helliwell asked if the agreement would go to arbitration if it is not approved by the Council. Acting Manager Boyles stated he would return to the sergeants and indicate that the Council is not comfortable with it. Councilmember Helliwell noted that the staff report indicated that the sergeants have slipped in wages compared to other metropolitan communities. She asked staff to further explain. Acting Manager Boyles stated it is difficult to consider one element of the benefit package. He stated there are five comparable communities that would remain higher than Plymouth even if this increase were approved. Councilmember Vasiliou stated the public sector is growing the fastest in jobs and in salary increases. She is also concerned about the proposed 4 percent. Motion failed on a roll call vote: Helliwell aye; Edson, Tierney, Vasiliou, and Bergman nays. Regular Council Meeting January 25, 1993 Page 49 ITEM 8-M HEAD START TASK FORCE Acting Manager Boyles presented the staff report on the proposed Head Start Task Force. He suggested that the Council take formal action to establish the subcommittee or task force if it desires to do so. Councilmember Vasiliou stated she was contacted by former Senator Judy Traub about an alternative program that she would like the City to consider - Home Instruction for Preschool Youngsters. The primary difference between this program and Head Start is that it is home-based rather than center based, and parents commit to a 30 week program per child. Councilmember Tierney stated she had met with Milt Dale, Brian Warhol, and Marci Shapiro regarding the available options, and they have another meeting scheduled to consider additional options. Councilmember Vasiliou expressed concern that a committee is considering this issue and the Council has not formally established a committee or directed a committee to conduct meetings with other agencies. One issue she wants to consider is whether Plymouth can opt out of Head Start and use the funds for similar programs. She stated that question should first be answered before meetings are held with other agencies. MOTION was made by Councilmember Tierney, seconded by Councilmember Helliwell, to establish a Committee consisting of Housing Specialist Milt Dale, HRA Commissioner Brian Warhol, and Councilmember Joy Tierney to investigate Head Start options. Motion carried on a roll call vote, five ayes. ITEM 8-N STUDY SESSION MEETING TOPICS The Council reviewed the pending study session meeting topics. ITEM 8-P CITY COUNCIL INFORMATION MEMORANDUM Acting Manager Boyles reported on the following items in the City Council Information Memorandum: upcoming meetings, meeting with commercial/ industrial brokers to discuss development climate, Water Quality Committee public information efforts, and Home Free meeting regarding annual membership fee. Regular Council Meeting January 25, 1993 Page 50 Councilmember Vasiliou stated she is interested in hearing the proposal of the alternate provider to Home Free. They indicate that they are providing the service at a substantially less cost. The meeting was adjourned at 11:46 p.m. City Clerk MEMO to -48 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: February 3, 1993 For City Council Meeting of February 8, 1993 TO: Dwight Johnson, City Manager FROM: Community Development Director Chrle Dillerud SUBJECT: LUNDGREN BROS. CONSTRUCTION COMP NY, INC. RESIDENTIAL PLANNED UNIT DEVELOPMENT FINAL PLAT AND DEVELOPMENT CONTRACT FOR CHURCHILL FARMS 5TH ADDITION", LOCATED ON ZIRCON LANE NORTH OF 34TH AVENUE NORTH (93005) (RPUD 90-1) ACTION REQUESTED: Adopt the attached resolutions providing for the approval of the Final Plat and Development Contract; and, Setting Conditions Prior to Recording of the Final Plat. A Development Contract has been prepared by staff and returned by the developer executed. BACKGROUND: The Development Review Committee has completed its analysis of the proposed Final Plat for "Churchill Farms 5th Addition". This is the final installment of the Churchill Farms development which was originally approved at 113 single family detached lots and will, with this last plat, be developed with 103 total single family detached lots. DISCUSSION: The Development Review Committee has found the proposed Final Plat to be consistent with the provisions of City Council Resolution 83-125 regarding the review and approval of PUD Final Plats and Development Contracts. It should be noted that the Final Plat for Churchill Farms 5th Addition proposes 15 total single family detached lots, where 14 such lots were originally proposed with the approved Preliminary Plat. The Development Review Committee has found that the additional lot is the result of adjustments to outlots that abut lots in this Final Plat. The DRC finds that no material change in the concept and intent of the Churchill Farms development results from the addition of this lot to the Final Plat. The completed project will, as noted above, still be 10 lots less in density overall than had been approved with the Preliminary Plat. Page Two, File 93005 A provision of the Preliminary Plat and Conditional Use Permit resolution 90-262) is that front setbacks may be reduced from the 35 foot ordinance standard by City Council action, "...where it has been demonstrated that preservation of natural site features requires a reduced front setback". The developer has requested City Council approval of a 30 foot front setback for Lots 1-6, Block 3 to reduce impact on the wetland behind all of those lots. The request appears to be consistent with the intent of the Council with approval of the Preliminary Plat, and I recommend the same be granted. RECOMMENDATION: I recommend adoption of the attached resolutions approving the Final Plat and Development Contract and Setting Conditions. I have included the front setback reductions requested by the developer in the Setting Conditions resolution. ATTACHMENTS: 1. Resolution Approving Final Plat and Development Contract 2. Resolution Setting Conditions Prior to Recording of the Final Plat 3. Engineer's Memo 4. Development Contract 5. Location Map 6. Final Plat 11 CITY OF PLYMOUTH RESOLUTION 93 - APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR LUNDGREN BROS. CONSTRUCTION FOR CHURCHILL FARMS 5TH ADDITION (93005) (RPUD 90-1) WHEREAS, Lundgren Bros. Construction has requested approval of a Final Plat and Development Contract for Churchill Farms 5th Addition located on Zircon Lane North of 34th Avenue North; and, WHEREAS, the City staff has prepared a Development Contract covering the improvements related to said plat; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the Final Plat and Development Contract Lundgren Bros. Construction for Churchill Farms 5th Addition located on Zircon Lane North of 34th Avenue North. FURTHER, that the Development Contract for said plat be approved, and that the Mayor and City Manager be authorized to execute the Development Contract on behalf of the City. Adopted by the City Council on February 8, 1993. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on , with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk res/cc/93005) CITY OF PLYMOUTH RESOLUTION 93 - SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR LUNDGREN BROS. CONSTRUCTION FOR CHURCHILL FARMS 5th ADDITION (93005) (RPUD 90- 1) WHEREAS, the City Council has approved the Final Plat and Development Contract for Churchill Farms 5th Addition; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the following to be met, prior to recording of, and related to said plat: I. Compliance with the City Engineer's Memorandum. 2. Payment of park dedication fees -in -lieu of dedication in accordance with City Policy in effect at the time of filing the plat with Hennepin County. 3. No building permits shall be issued until a contract has been awarded for the construction of municipal sewer and water. 4. Removal of all dead or dying trees from the property at the owner's expense. 5. Compliance with Policy Resolution 79-80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 6. No yard setback variances are granted or implied except as listed herein. 7. Submittal of required utility and drainage easements as approved by the City Engineer prior to filing the Final Plat. 8. Appropriate legal documents regarding Homeowner Association covenants and restrictions, as approved by the City Attorney, shall be filed with the Final Plat. 9. The Final Plat mylars shall contain a statement noting that the plat is part of the approved RPUD 90-1 per Section 9 of the Zoning Ordinance. 10. The Development Contract, as approved by the City Council, shall be fully executed prior to release of the Final Plat. 11. Minimum yard setbacks shall be 35 feet for front yards, except on Lots 1- 6, Block 3, where a 30 foot setback is allowed; 10 feet and 10 feet for the side yards; and, 25 feet for the rear yards. 12. Compliance with provisions of the City Council Policy 89-439 regarding tree preservation. 13. All decorative fencing shall be installed prior to issuance of building permits on the lots where fencing is approved. 14. Street names shall comply with the City of Plymouth grid system. Adopted by the City Council on February 8, 1993. res/cc/93005.sc) SPECIAL CONDITIONS FOR SUBDIVISION DEVELOPMENT CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA 1. SCOPE OF WORK The Developer shall provide the City with plans and specifications for the construction of the following for the plat of Churchill Farms 5th Addition 1. Streets 2. Sanitary Sewer 3. Watermain 4. Storm Drainage Facilities (pipe, water, ponds, etc.) 5. Grading and Erosion Control 6. Miscellaneous Facilities 1.2 Said plans and specifications shall be prepared by a Registered Professional Engineer subject to review and written approval by the City Engineer. They shall be prepared in accordance with the "Manual of Engineering Guidelines, City of Plymouth Engineering Department." This manual outlines City standard materials, drawings and procedures which shall be adhered to for the above mentioned plat. 1.3 Changes in plans for the purpose of saving trees and other desirable features on private property and on streets will be permitted, providing revised plans and specifications are submitted and approved in writing by the City Engineer prior to the making of any contemplated change. In the event changes are made which affect occupied residences, such changes shall be discussed with the affected owner and their approval secured in writing. 2. STREETS 2.1 General The following streets are to be constructed by the Developer to City Standards including concrete curb and gutter: a. Residential Streets a. Thirty-three feet (33') wide back to back of curb, seven ton design with concrete curb and gutter design Standard Surmountable in conformance with City Standard Plate No. STRT-2 None 7 - 2. STREETS (continued) b. Collector and/or Thoroughfare Streets 36 feet wide face to face curb, seven ton design with concrete curb and gutter design B-618 in conformance with Standard Plate No. STRT-2 Zircon Lane 2.2 Sub -grade Unsuitable soil shall be excavated within three feet (3') of sub -grade. The Developer shall furnish a complete soils report which shall include recommendations as to the sub -grade correction, etc. 2.3 Sub -base Shall be constructed in accordance with the typical section shown on the approved plans. 2.4 Base Shall be constructed in accordance with the typical section shown on the approved plans. 2.5 Surfacing Shall be constructed in accordance with the typical section shown on the approved plans. 3. UTILITIES 3.1 Sanitary Sewer Shall be constructed in accordance with the approved plans and specifications; and the 1990 Comprehensive Sewer Policy Plan adopted December 18, 1989. 3.2 Storm Sewer Storm sewer as well as all drainage ways and ponds shall be constructed in accordance with the approved plans and specifications and shall conform to the City of Plymouth Master Storm Drainage Plan adopted November 15, 1982, and the appropriate watershed district requirements where applicable. 3.3 Watermains Watermains shall be constructed in accordance with the approved plans and specifications and the 1990 Water Supply and Distribution Plan adopted August 6, 1990. 3.4 Private Utilities The developer shall be responsible for the installation of telephone, electrical and natural gas service. The required utilities shall not be installed until the boulevard or utility easements have been graded. All such utilities shall be installed underground. 8 - 4. MISCELLANEOUS 4.1 Street signs shall be required at each street intersection at the cost of the Developer. The City will furnish and install said signs and bill the Developer for said work. 4.2 The Developer shall furnish all Engineering services as outlined in the Manual of Engineering Guidelines, City of Plymouth Engineering Department. 4.3 Engineering services furnished by the City: The City will not exercise direct supervision and inspection of the work during the construction operations. The City Engineer or his representative will make periodic inspection of the work and will consult with the Developer's Engineer in regard to engineering problems concerning the work and observe all tests and conduct the final inspection as outlined in the "Manual of Engineering Guidelines, City of Plymouth Engineering Department." The Developer shall pay to the City Treasurer upon execution of this Contract *Four Thousand Four Hundred One and 12/100 ---Dollars ($4.401.12) to cover all City administration cost required in preparing and administering this Contract. * $146.704 x 3X = $4.401.12. 4.4 The Developer shall do all site grading, including building sites, common greenway and open space areas, ponds, and surface drainage ways, and all private streets in accordance with the approved grading, drainage and site plan. The plan shall indicate, by arrows, how the drainage will be directed on the site. The Developer shall submit an erosion and sediment control plan in accordance with the City Policy dealing with Erosion and Sediment Control, Resolution No. 92-170 or its latest revision. The Developer shall be responsible for maintaining this plan and to assure his compliance with said plan and to provide for the cleaning of storm sewer, ditches, ponds, etc., necessitated by erosion from said land development, the Developer's bond will include said maintenance costs as shown in Paragraph 8.1, Maintenance of Erosion and Sediment Control Plan. 4.5 All boulevards shall be sodded by September 1 , 19_94_. 5. Setting of Lot and Block Monuments The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. 9 - 6. Guarantee of Performance by Developer 6.1 In the event the Developer requires building permits prior to completion of all improvements as listed in Paragraph 8, he shall furnish a certified check, certificate of deposit, or irrevocable letter of credit in the amount of $146.704 as shown in Paragraph 8, or a surety bond in the amount of $220.056, which is 1501 of the cost requirement in Paragraph 8. 6.2 Reduction in cash escrow or surety bond guarantee may be granted upon written request by the Developer based upon the value of the completed improvements at the time of the requested reduction. The amount of the reduction will be submitted to the City Council for action. 6.3 The cash escrow or surety bond shall not be reduced to less than 201 twenty percent) until all sewer, watermain, drainage systems and streets and other work covered by this contract are completed and approved by the City. 6.4 Prior to commencing any grading, a cash deposit in the amount of $ -0- and an irrevocable letter of credit in the amount of $ -0-, as shown in Paragraph 8.1, shall be furnished by the developer. 7. Public Liability and Property Damage Insurance The Developer shall furnish the City of Plymouth Public Liability Insurance in the amount of One Hundred Thousand Dollars ($100,000) and Two Hundred Fifty Thousand Dollars ($250,000) and Property Damage Insurance in the amount of Five Thousand Dollars ($5,000) and Twenty-five Thousand Dollars 25,000). These insurance policies shall accompany the contract for its execution by the Developer and the City of Plymouth. These insurance policies shall be in full force and effect during the life of this contract. 8. Estimated Cost Subdivision Development The following items shall be the responsibility of the Developer and shall be covered by an escrow guarantee (bond, cash, certificate of deposit, letter of credit, etc.) as specified: 10 - 8. (continued) ITEM Street Construction Sanitary Sewer System Watermain and Sanitary Sewer System Storm Sewer System Boulevard and Drainage x.TIMATED COSTS City Project(1) kz) (3) No. 206 Public Private 0- $ 53.400 $ -0- 0- 24.000 -0- 12.424 19.800 -0- 0- 21.400 -0- Swale Sod -0- Pond or Ditch Construction -0- Street Signs -0- Park & Trail Improvements -0- Site Grading & Drainage Imp.* -0- SUB-TOTAL: Design, Admin., Insp., As-Builts (12X) Setting Iron Monuments TOTAL: TOTAL PROJECT NO. 206 $ 12.424 0- 118.600 14.232 0- 132.832 3.400 0- 0- 7.200 0- 10.600 1.272 2.000 13.872 Total 53.400 24.000 19.800 21.400 3.400 0- 0- 7.200 15.504 2.000 146.704 1) Public Improvement Project No. 206 City to own and/or maintain after development complete. $12,424 x 25% = $3,106.00 cash deposit or assessment guarantee of $12,242 x 60Z - $7,454.40 (letter of credit) to guarantee the assessments for two years. 2) Developer Improvements. City to own and maintain after development complete. 3) Private - Property owner and/or property owners' association to maintain after development completed. Letter of Cash Credit. Total 8.1 Installation and Maintenance of Erosion and Sediment Control Plan, Street Sweeping and Storm Sewer Cleaning $ -0- $ -0- $ -0- Note: If a grading permit was issued and the financial guarantee released and/or expired, these monies may be used for required maintenance of the Erosion and Sediment Control Plan. 8.2 W] 9.1 10. The water and sanitary sewer assessments for this development are as follows: Project 206: Watermain and Sanitary Sewer Lots 1 and 2, Block 4 $ 12,424 The Developer understands and agrees to these charges, and hereby waives his right to a public hearing with respect to them. The water and sanitary sewer Residential Equivalent Connection (REC) charges for the lots to be developed shall be computed at the time of connection to the municipal utility system. The Developer understands that the aforementioned REC charges shall be paid for each dwelling unit prior to the issuance of a building or plumbing permit for the dwelling unit. Street Maintenance During Construction The Developer shall be responsible for all street maintenance until the streets are accepted by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when streets become impassable, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage. The developer shall be responsible for keeping streets within and without the subdivision swept clean of dirt and debris that may spill or wash onto the street from his operation. The developer may request, in writing, that the City keep the streets open during the winter months by plowing snow from said streets prior to final acceptance of said streets. The City shall not be responsible for reshaping said streets because of snow plowing operations, and if they are requested and providing snow plowing service, it does not constitute final acceptance of said streets. The developer shall contract for street cleaning within and immediately adjacent to the development. A copy of this contract shall be approved by the City before grading is started. Acceptance of Subdivision in Units The City of Plymouth will accept complete in units of one (1) block which have been completed in accordance with the provisions of this contract. The developer shall furnish a progress schedule for the construction of streets in the subdivision. Requests for acceptance of streets shall be made in writing by the developer. The developer shall furnish certificates of completion as outlined in Paragraph 11.1 herein for each unit completed, certifying that work has been completed in accordance with the terms of this contract, and shall also furnish mylar "as -built" reproducibles for all phases of construction included in this contract. 12 - F3 11. Acceptance of Completed Subdivision 11.1 Prior to acceptance of the completed subdivision by City Council, it will be necessary to furnish the following affidavits: a. Contractor's Certificate b. Engineer's Certificate C. Land Surveyor's Certificate d. Developer's Certificate certifying that all construction has been completed in accordance with the terms of the contract. 11.2 All necessary forms will be furnished by the City of Plymouth. 11.3 Upon receipt of affidavits (Paragraph 11.1 above) and recommendation by the City Engineer that completed work be accepted, the City Council will be requested to accept the completed public improvements. Acceptance will be by formal Resolution of the City Council. 12. Plat Approval 12.1 Preliminary Plat was approved by Resolution No. 90-262 by the City Council on April 16. 1992 subject to Sixteen (16) conditions. 12.2 Final Plat and Development Contract were approved by Resolution No. by the City Council on 13.0 Land Dedicated for Public Use Parks and Private Recreation Areas 13.1 Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of filing the Final Plat with Hennepin County. 14.0 Other Requirements 14.1 Compliance with the City Engineer's memorandum. 14.2 Removal of all dead or dying trees from the property at the owner's expense. 14.3 No building permits shall be issued until a contract has been awarded for sewer and water, and the MPCA Permit issued. 14.4 No building permits shall be issued until the Final Plat has been filed and recorded at Hennepin County. 14.5 Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 14.6 Street names shall comply with the City Street Naming System. Final Plat Mylars shall refer to RPUD No. 90-1.. 13 - 14.7 Minimum yard setbacks shall be 35 feet for the front yards; except that a 30 foot front yard setback is permitted for Lots 1 through 6, Block 3; 10 feet and 10 feet for the side yards; and 25 feet for the rear yard. 14.8 Appropriate legal documents regarding Homeowner Association documents, covenants and restrictions, as approved by the City Attorney, shall be filed with the Final Plat. 14.9 The locations of the five foot high fences is approved in conformance with the approved final plan. Fences are not permitted within the sight triangle. 14.10 All decorative fencing shall be installed prior to issuance of building permits on the lot where the fence is approved. 15. Tree Preservation 15.1 The Developer shall comply with those provisions of City Council Resolution No. 89-439 that apply. 14 - r City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: January 27, 1993 FILE NO.: 93005 PETITIONER: Mr. Michael Pflaum, Lundgren Bros. Construction, 935 E. Wayzata Blvd., Wayzata, MN 55391 FINAL PLAT: CHURCHILL FARMS 5TH ADDITION LOCATION: North of County Road 24, east of the City of Medina in the northest 1/4 of Section 19. N/A Yes No 1. XX Have watermain area assessments been levied based on proposed use? 2. XX Have sanitary sewer area assessments been levied based on proposed use? 3. X Will SAC and REC charges be payable at the time building permits are issued? These are in addition to the assessments shown in No. 1 and No. 2. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of final plat approval. 4. Area assessments: None. 5. Other additional assessments estimated: City Project No. 304 watermain and sanitary sewer assessment for Lots 1 and 2 Block 4 S12.424. v ;.v 6. X Complies with standard utility/drainage easements? If "No" is marked, the City requires utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. N/A Yes No 7. _ X Are all standard utility easements required for construction provided? The City requires twenty foot (20') utility and drainage easements where these utilities are proposed to be installed. This item has been reviewed with the final construction plans and if "No" is marked, the following changes are necessary: 8. X Complies with ponding easement requirements? The City requires the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation in conformance with the City's comprehensive storm water drainage plan. If "No" is marked, the following changes are necessary: 9. X Have all existing unnecessary easements and rights-of-way been vacated? If "No" is marked it will be necessary to vacate the obsolete easements/right-of-way to facilitate the development. This is not an automatic process in conjunction with the platting process. It is the owner's responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. N/A Yes No 10. X Has the Owner's Duplicate Certificate of Title has been submitted to the City with this application? It will be necessary for the property owner to provide the city attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easement or vacation of unnecessary easement. If it is subsequently determined that the subject property is abstract property, then this requirement does not apply. 11. _ _ X Have all necessary permits for this project been obtained? The developer must comply with the conditions within any permit. If "No" the following permits must be obtained by the developer: DNR X Bassett Creek Mn DOT X Minnehaha Creek Hennepin County Elm Creek X MPCA Shingle Creek X State Health Department Army Corps of Engineers Wetland Conservation Act of 1991 from City 2 N/A Yes No 12. _ X Conforms with the City's grid system for street names? If "No" is marked, the following changes will be necessary: 13. X Acceleration/deceleration lanes provided? If "No" is marked, Acceleration/deceleration lanes are required at the intersection of and 14. XX Are all existing street rights-of-way the required width? If "No" is marked, an additional feet of right-of-way will be required on N/A Yes No 15. XX _ 16. __X Will final plans be prepared by the Developer? If it is their desire to have the City construct these facilities as part of its Capital Improvements Program, a petition must be submitted to the City. The cutoff date for petitions is January 1 of the year in which the project is requested for construction, if the developer is paying 100X of the cost. Do final utility and street plans submitted comply with all City requirements? If "No" is marked, the following are required for: Sanitary Sewer Watermain Storm Sewer Street/Concrete Curb & Gutter 3 See Special Conditions. N/A Yes No 17. _ X Do the construction plans conform to the City's adopted Thoroughfare Guide Plan? If "No" is marked, the following revisions must be made to conform with the City's adopted Thoroughfare Guide Plan: 18. _ X Do the construction plans conform to the City's adopted Comprehensive Water Distribution Plan? If "No" is marked, the following revisions will be required: 19. _ X Do the construction plans conform to the City's adopted Comprehensive Sanitary Sewer Plan? If "No" is marked, the following revisions will be required: N/A Yes No 20. _ X Is it necessary to contact Bob Fasching, the City's public utility foreman, at 550-7492? If "Yes" is marked 24 hours notice is required in advance of making any proposed utility connections to the City's sanitary sewer and water systems. All water connections shall be via wet Su 21. _ XX Is it necessary to contact Tom Vetsch, the City's Street Foreman, at 550-7493 for an excavating permit? If "Yes" is marked 24 hours notice is required before digging within the City right-of-way. 4 i N/A Yes No 22. _ X Do the construction plans conform to the City's adopted Comprehensive Storm Drainage Plan? If "No" is marked, the following revisions are required: 23. _ X Does the Grading, Drainage, and Erosion Control Plan comply with the City's erosion control policy? If "No" is marked, the following revisions will be required: 24. X Have minimum basement elevations been established? If "No" is marked, they must be established for the following lots: nig minimum basement elevation for all lots is 1005.0. 25. A. Show on the grading plan how the pond on the west side of Zircon Lane will hold the 100 year storm. The highest elevation on the west side of the pond is 1002.3 and the high water level is 1003.0. No water from the pond can outlet to the west below the 100 year high water level of 1003.0. B. Show the proposed grades for Lots 1 and 2, Block 4. Doc. Format Rev. 2-4-92) Submitted by: Daniel L. Faulkner, P.E. City Engineer 5 CHURCHILL FARMS ADDITION I I 61SING 11ESICFHIIAI < PRELIMMARY PLAT LEUER PROPERTY SATHRE-OERGOUIST. INC. i//399 LUROGREN OROS. COMSTRUCTtME, RIC. ri„wur", —fsot. i M v 1A is ribIt SIT, A 01 1 eff 9 CITY 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 16th day of April , 19 90 The following members were present: Myor RPrgman Councilmembers Helliwell, Ricker, and Zitur The following members were absent: Councilmember Vasiliou Coo nrilmember Ricker introduced the following Resolution and moved its adoption: RESOLUTION 90-262 APPROVING RPUD PRELIMINARY PLAN/PLAT AND CONDITIONAL USE PERMIT FOR LUNDGREN BROS. CONSTRUCTION COMPANY, INC. (90009) WHEREAS, Lundgren Bros. Construction Company, Inc. has requested approval of an RPUD Preliminary Plan/Plat, Conditional Use Permit, and Rezoning for the creation of 113 single family lots and 4 outlots on 68.5 acres for property located north of County Road 24 and east of the municipal boundary; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Lundgren Bros. Construction Company, Inc. for an RPUD Preliminary Plan/Plat and Conditional Use Permit for the creation of 113 single family lots and 4 outlots on 68.5 acres for property located north of County Road 24 and east of the municipal boundary subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Removal of all dead or dying trees from the property at the owner's expense. 3. No building permits shall be issued until a contract has been awarded for sewer and water. 4. Payment of park dedication fees -in -lieu of dedication according to the Dedication Policy in effect at the time of filing the Final Plat with Hennepin County. 5. Street names shall comply with the City Street Naming System. 6. Compliance with Policy Resolution 79-80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. see next page) Resolution No. 90-26, File 90009 Page Two 7. Rezoning shall be finalized with filing of the Final Plat. 8. No building permits shall be issued until the Final Plat is filed and recorded with Hennepin County. 9. Maximum density shall be 1.6 units per acre for the land at or above the established high water elevation per the adopted City Storm Water Drainage Plan as verified by the City Engineer. - No density bonus points are assigned. The maximum number of dwelling units is 113. 10. No private drive access shall be permitted to County Road 24; all private drives shall be provided by internal public streets. 1L. The minimum side setbacks for all detached dwellings and accessory buildings shall be 10 feet; the minimum rear setback shall be 25 feet; and the minimum front setback shall be 35 feet, except on lots specified by the City Council in the Final Plan and Development Contract, where it has been demonstrated that preservation of natural site features requires a reduced front setback. The design of proposed private open space areas shall be specified with the Final Plan. The approved improvements shall be installed prior to issuance of building permits for homes on the adjacent lots. 13. Compliance with the terms of City Council Resolution 89-439 regarding tree preservation. 14. The Final Plat and Final Plan shall be reviewed by the Planning Commission before submittal to the City Council. All persons who spoke at the Public Hearing shall be notified of the Planning Commission meeting when the Final Plat/Plan is reviewed. 15. The median design shown on the plan shall be retained for the entrance from County Road 24 only. 16. Consideration shall be given to the feasibility of private trails or sidewalks to connect with the trail system in Amber Woods; this shall be accomplished.prior to submittal of the Final Plat. The motion for adoption of the foregoing Resolution was duly seconded by oun ilm ether BelliwPll and upon vote being taken thereon, the following voted in favor thereof: Mayor Bergman, CouncilmPmhPrs Helliwell, Ricker, and Zitur The following voted against or abstained None Whereupon the Resolution was declared duly passed and adopted. N MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: February 3, 1993 For City Council Meeting of February 8, 1993 4-G TO: Dwight Johnson, City Manager FROM: Community Development Director Cha4C Dillerud SUBJECT: PATIO ENCLOSURES, INC. AMENDED PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR A 3 -SEASON PORCH IN "CIMARRON PONDS" AT 991 YUMA LANE (93001) ACTION REQUESTED: Adopt the attached resolution which provides for the approval of an amendment to the PUD Plan and Conditional Use Permit for Cimarron Ponds" to permit construction of a 200 square foot 3 -season porch, as recommended by the Planning Commission. An amendment to a PUD Plan and Conditional Use Permit requires a 4/5 vote of the City Council. BACKGROUND: At its meeting January 27, 1993, the Planning Commission on an unanimous vote acted to recommend approval of this proposal to amend the Cimarron Ponds PUD Plan to permit a 200 square foot 3 -season porch to be added to one of the units. A total of 13 such Conditional Use Permit amendments have been approved in prior years for enclosures of a similar nature. RECOMMENDATION: I recommend adoption of the attached resolution which provides for the approval of an amendment to the PUD Plan and Conditional Use Permit for Cimarron Ponds to permit construction of 200 square foot 3 -season porch at 991 Yuma Lane, as recommended by the Planning Commission. ATTACHMENTS: 1. Resolution Approving an Amended PUD Plan and Conditional Use Permit 2. Planning Commission Minutes of January 27, 1993 3. Location Map CITY OF PLYMOUTH RESOLUTION 93 - APPROVING AMENDMENT OF RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR PATIO ENCLOSURES, INC. FOR PROPERTY LOCATED AT 991 YUMA LANE (93001) WHEREAS, Patio Enclosures, Inc. has requested approval for an Amendment to the Planned Unit Development Plan and Conditional Use Permit to allow the construction of a 3 -season porch in "Cimarron Ponds" for property located at 991 Yuma Lane; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Patio Enclosures, Inc. for an Amendment to the Planned Unit Development Plan and Conditional Use Permit to allow the construction of a 3 -season porch in Cimarron Ponds" for property located at 991 Yuma Lane, subject to the following conditions: 1. No other amendments or variances are granted or implied. 2. All applicable requirements of the City and State Building Codes shall be implemented and enforced; no Code requirements are waived by this approval. 3. The granting of the Permit is responsive to criteria of the Zoning Ordinance for Conditional Use Permits and PUD Plans. 4. The size of the porch shall be 10 feet by 20 feet. 5. The 3 -season porch may encroach to within 9 feet 8 inches from the south property line. Adopted by the City Council on February 8, 1993. Planning Commission Minutes January 27, 1993 Page 16 Roll Call Vote on Motion to Amend. 6 Ayes. Motion to Amend by Chairman Stulberg, seco ded by Commissioner Wigley to add a condition stating that Lots 20 and 21, Block that abut the Swan Lake development, will be adjusted to be 15,000 square feet inAize. Roll Call Vote on Motion to Amend. 6.,yes. Motion carried unanimously. Motion to Amend by Commissioner bro to recommend moving the Northwest Boulevard street access 300 feet to the south. The Motion died for lack of a Roll Call Vote on Main Moti as twice amended. 6 Ayes. Motion carried unanimously. MOTION / airinan lberg, seconded by Commissioner Stimson to recommend approval o' Ordinance and Setting Conditions to be Met Prior to filing of the Rezoni, Inc., subject to the conditions listed in the January 1, 1993 staff reportRollCallVs. Motion carried on a unanimous vote. MOTION Stulberg, seconded by Commissioner Albro to recommend that the City Eew the site once the streets have been completed to see if stop signs are n Vote. 6"Ayes. Motion carried on a unanimous vote. PATIO ENCLOSURES (93001) " Chairman Stulberg introduced the request by Patio Enclosures, Inc. for an Amended PUD Plan and Conditional Use Permit for a 3 -season porch at 991 Yuma Lane. Chairman Stulberg waived the review of the January 12, 1993 staff report. Chairman Stulberg introduced Mr. Craig Anderson, representing the petitioner. Mr. Anderson stated he was in agreement with the staff report. Planning Commission Minutes January 27, 1993 Page 17 Chairman Stulberg opened and closed the Public Hearing as there was no one present to speak on the request. MOTION by Commissioner Wigley, seconded by Commissioner Syverson, to recommend approval of the request by Patio Enclosures, Inc. for an Amended PUD Plan and Conditional Use Permit for a 3 -season porch at 991 Yuma Lane, subject to all conditions listed in the January 12, 1993 staff report. Roll Call Vote. 6 Ayes. Motion carried unanimously. DAVID AND MARIE GARBE (93002 Chairman S berg introduced the request by David and Marie Garbe for a Conditional Use Permit foHome Occupation for storage of pharmaceuticals at 13305 -56th Avenue. Chairman Stulberg 'ved the review of the January 13, 1993 staff report. Chairman Stulberg intr(Xuced Ms. Marie Garbe. Ms. Garbe stated that sheNandlosed greement with the staff report. Chairman Stulberg opened the Public Hearing as there was no one present to speak on the request. Motion by Commissioner Stimson, A approval of the request by David and Home Occupation for storage of phai Roll Call Vote. 6 Ayes. MOTION ZONING ORDINANCE AMENDMENTS DEVELOPMENTS Chairman Stulberg waived the review of the 1. l by Commissioner Wigley, to recommend Garbe for a Conditional Use Permit for a icals at 13305 -56th Avenue. G PLANNED UNIT 27, 1993 Draft Amendment No. Chairman Stulberg opened and closed the Public Hearings there was no one present to speak on the subject. 2615. 68 RES SS) 1 1 112.9 TS I Ift b2. 100 93 99.06 90. e1 T:.04 10pp.3( 96.67 93.09 90 ( 2 - 110.0( i ' 2n t1e9•ss•m lM) 3 ND 0 l9 - 11 IS 8 66) — . 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( 7 'I?. 10 r( tZ AD• 43P s. a \. . 20.25 4 .e' I) s Q (( g 4 NgE N 9) A. ]6 ".91 N 8) \ 2 t g6 3 18) 1 D+' f 141 ..•(' ... ..\ .., (29) 1 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: February 3, 1993 For City Council Meeting of February 8, 1993 TO: Dwight Johnson, City Manager FROM: Community Development Director CharlPALUSE erud SUBJECT: DAVID AND MARIE GARBE. CONDITIOPERMIT FOR A HOME OCCUPATION FOR THE STORAGE OF PHARMACEUTICALS AT 13305 -56TH AVENUE NORTH (93002) ACTION REQUESTED: Adopt the attached resolution which provides for the approval of a Conditional Use Permit Home Occupation to include the storage of pharmaceutical samples and the delivery of such samples to a single family detached home, as recommended by the Planning Commission. BACKGROUND: At its meeting January 27, 1993, the Planning Commission, on an unanimous vote, acted to recommend approval of this proposal to utilize a 24 square foot closet to store pharmaceutical samples as a Home Occupation conditional use. The keeping of any "stock in trade", by definition, becomes a Home Occupation conditional use. DISCUSSION: The Zoning Ordinance specifies a number of characteristics to differentiate home occupations between "permitted" uses and "conditional" uses --on the premise that such characteristics could, in some cases, cause neighborhood concern with the use. "Stock in trade" is one of those characteristics specifically listed in the Zoning Ordinance definition for a Conditional Use Home Occupation. This application was in response to a Zoning Ordinance enforcement action by the City. This enforcement action was in response to a citizen complaint. RECOMMENDATION: I recommend adoption of the attached resolution which provides for the approval of a Home Occupation Conditional Use Permit for the keeping of pharmaceutical samples "stock in trade" at 13305 -56th Avenue North, consistent with the recommendation of the Planning Commission. ATTACHMENTS: 1. Resolution Approving Home Occupation Conditional Use Permit 2. Planning Commission Minutes of January 27, 1993 3. Location Map CITY OF PLYMOUTH RESOLUTION 93 - APPROVING CONDITIONAL USE PERMIT FOR HOME OCCUPATION FOR DAVID AND MARIE GARBE LOCATED AT 13305 -56TH AVENUE NORTH (93002) WHEREAS, David and Marie Garbe have requested approval for a Conditional Use Permit for a Home Occupation to store pharmaceutical products at 13305 -56th Avenue North; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by David and Marie Garbe for a Conditional Use Permit to store pharmaceutical products at 13305 -56th Avenue North, subject to the following conditions: 1. The permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. 2. The permit is issued to David and Marie Garbe for the storage of pharmaceutical products in an 8 foot by 30 inch closet in the basement of their home and shall not be transferable. 3. The site shall be maintained in a sanitary manner. 4. No signage is allowed relative to the use. Adopted by the City Council on February 8, 1993. Planning Commission Minutes January 27, 1993 Page 17 Chairman Stulberg opened andclos a Public Hearing as there was no one present to speak on the request. MOTION by CommissiopoMigley, seconded by Commissioner Syverson, to recommend approval the request by Patio Enclosures, Inc. for an Amended PUD Plan and Conditigof Use Permit for a 3 -season porch at 991 Yuma Lane, subject to all conditions liin the January 12, 1993 staff report. Roll CC Vote. 6 Ayes. Motion carried unanimously. DAVID AND MARIE GARBE (93002) Chairman Stulberg introduced the request by David and Marie Garbe for a Conditional Use Permit for a Home Occupation for storage of pharmaceuticals at 13305 -56th Avenue. Chairman Stulberg waived the review of the January 13, 1993 staff report. Chairman Stulberg introduced Ms. Marie Garbe. Ms. Garbe stated that she was in agreement with the staff report. Chairman Stulberg opened and closed the Public Hearing as there was no one present to speak on the request. Motion by Commissioner Stimson, seconded by Commissioner Wigley, to recommend approval of the request by David and Marie Garbe for a Conditional Use Permit for a Home Occupation for storage of pharmaceuticals at 13305 -56th Avenue. Roll Call Vote. 6 Ayes. MOTION carried unanimously. ZONING ORDINANCE DEVELOPMENTS Chairman Stulberg waived the 1. Chairman Stulberg opened and closed speak on the subject. REGARDING PLANNED UNIT of the January 27, 1993 Draft Amendment No. Hearing as there was no one present to 0 r_- MEMO G c CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: February 3, 1993 For City Council Meeting of February 8, 1993 TO: Dwight Johnson, City Manager Through Fred G. Moore,--tirector of Public Works FROM: Daniel L. Faulkner, City Engineer SUBJECT: AUTHORIZING "NO PARKING" SIGN INSTALLATION ON SHELARD PARKWAY AT FORD ROAD INTERSECTION CITY PROJECT NO. 108 ACTION REQUESTED: Adopt the attached resolution authorizing installation of "No Parking" signs on Shelard Parkway at the intersection of Ford Road within the City of Plymouth. BACKGROUND: The City of Plymouth and the City of St. Louis Park have entered into a cooperative agreement for cost sharing for geometric improvements and a traffic signal system at the Shelard Parkway/Ford Road intersection. Shelard Parkway is on the City of Plymouth's Municipal State Aid (M.S.A.) Street System. State Aid monies will be requested for a portion of the cost which relates to the geometric improvements within the City of Plymouth. In order to conform with State Aid regulations for the reimbursement of costs on State Aid streets, parking must be restricted on Plymouth's side of the improved roadway. City Project no. 108, Shelard Parkway/Ford Road Improvements, is scheduled to be let in the spring of 1993. RECOMMENDATIONS AND CONCLUSIONS: I hereby recommend that the attached resolution be approved authorizing the installation of "No Parking" signs on Shelard Parkway in the vicinity of the Ford Road intersection to meet State Aid regulations. CIt... • Cit .1 2.:1 Daniel L. Faulkner, P.E. DLF:dkc:kh attachments: Resolution Map CITY OF PLYMOUTH RESOLUTION NO. 93 - AUTHORIZING THE INSTALLATION OF "NO PARKING" SIGNS ON SHELARD PARKWAY AT THE INTERSECTION OF FORD ROAD WITHIN THE CITY OF PLYMOUTH WHEREAS, the City of Plymouth and the City of St. Louis Park will undertake a joint improvement of Shelard Parkway from approximately 400 feet east to 300 feet west of Ford Road by installation of a bituminous turn lane with concrete curb and gutter in conformance with State Aid Standards; and WHEREAS, it is a requirement that parking be restricted on Shelard Parkway from 400 feet east to 300 feet west of Ford Road. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the Director of Public Works is hereby authorized to install "No Parking" signs on the north side of Shelard Parkway from 400 feet east to 300 feet west of Ford Road within the City of Plymouth. Adopted by the City Council on February 8, 1993. e I Cor J PbLvookwa F©r-d RSh C i+y Pro„ j , c M2.21 RES LLR' i ~ W OLS Y W® t 'a•, M " - r (m ------ yam. Y AZA Oso I (o, ryGROVESOFFICEPARRI s o tp) tla ' +' i tfRt - - • •• -N/ '• 9y rwlrt 4.1 16) i rt -- r _ -• R i r S c s) - Z e ;b r lo) r - — -- — --- L.... T----_--.---.—..------;Awlt1 ..... ....__. a. 1- ks f (lo) 4 RIRII \ J t (10) T S1 (167 fd Kle 17) Y jcEff cur j. , jj# ( 9l .!µil •'_- hili N. 100 w,,,---- --'';i f'-•--•.-yam ...- j WIIItL GR®E ®F% PARK F IRST ADDN I210, (6) _ CONOOMINt lA ` A 'a op n OF iw y .v1YRtR Il.e. nr I pr E—F'ICT*TlT yen n { Y-- .''!' t -1 yL'bt i t- 11. yet it.}t 1 >• r uta F' . iy "•e. i»^ RtRIIARe 1 t. 6 ARK 1 { o t 4 pmjec+ LoCa+ Io n HENNEPIN COUNTY, MINNESOTA E t::.r...r... STORM SEWER DISTRICT BOUNDARY BUREAU OF PUBLIC SERVICE s[ — — • — — — SCHOOL DISTRICT BOUNDARY DEPARTMENT OF PROPERTY TAX sc 1/\6 C af S t® WATERSHED DISTRICT BOUNDARY AND PUBLIC RECORDSINCREMENTBOUNDARYSURVEYDIVISION MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 4-,F DATE: February 3, 1993 for City Council Meeting of February 8, 1993 TO: Dwight Johnson, City Manager through Fred G. Moore, Director of Public Works FROM: Daniel L. Faulkner, City Engineer SUBJECT: CHANGE ORDER NO. 4 MEDINA ROAD IMPROVEMENTS CITY PROJECT NO. 010 ACTION REQUESTED: Adopt the attached resolution approving Change Order No. 4. BACKGROUND: Attached is proposed Change Order No. 4 for the Medina Road Improvements Project. This change order provides for the addition of quantities installed during the course of the project. These quantities include such items as installing a cattle guard on the flared end section at the Leuer farm; a twelve inch hydrant extension due to change in slope behind the curb; repair of concrete curb and gutter which was damaged over the winter by snow plowing; restocking of unused storm sewer which was deleted from the project, but had been ordered prior to deletion; and miscellaneous quantities which slightly overran the original contract estimate amount. RECOMMENDATIONS AND CONCLUSIONS: I am recommending that the City Council approve Change Order No. 4. This change order increases the contract amount by $24,702.73 Daniel L. Faulkner, P. E. DLF:dkc:do attachments: Resolution Changed Order Letter RESOLUTION NO. 93 - APPROVING CHANGE ORDER NO. 4 MEDINA ROAD IMPROVEMENTS CITY PROJECT NO. 010 WHEREAS, Change Order No. 4 has been prepared providing for the following: Add cattle guard on flared end section, twelve inch hydrant extension, concrete curb and gutter repairs, restock unused storm sewer and miscellaneous quantity overruns. AND WHEREAS, Change Order No. 4 for Medina Road Improvements, City Project No. 010 is recommended for approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that Change Order No. 4 for Medina Road Improvements, City Project No. 010 by adding $24,702.73 is approved: Original Contract Amount Previous Change Orders THIS CHANGE ORDER NO. 4 REVISED CONTRACT AMOUNT......... 1,433,086.89 ADD 245,785.55 ADD 24.702.73 Adopted by the City Council on February 8, 1993 1,703,575.17 t Ak. SEC DoNoiiuiE February 1, 1993 Mr. Daniel L. Faulkner, P.E. fEe VEQ City Engineer 1993 City of Plymouth city of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 -XI Re: Medina Road Improvements Change Order No. 4 Dear Mr. Faulkner: Enclosed please find four copies of Change Order No. 4, all of which have been signed by the contractor, Northdale Construction Company Inc. The document addresses four items of extra work performed by the contractor. They are: installing protection on the trash guard of the flared end section that is located in the Leuer's barnyard to minimize the potential of injury to livestock; the need for 12 -inch hydrant extensions to provide adequate distance above the finished ground of the hydrant hose connections; repairs that the contractor performed on the concrete curb and gutter; and costs incurred by the contractor for returning storm sewer materials that were not used because a portion of the planned storm sewer installation on Medina Road near the intersection of County State Aid Highway 24 was deleted. The change order also speaks to quantity reconciliation. Being a contract with numerous pay items, nearly none of which were lump sum items, final quantities of some pay items vary from estimated contract quantities, a situation which is not unusual. The net cost overrun due to final quantities varying from estimate contract quantities, as shown on the change order, is $20,942.68. Quality through teamwork SEC Donohue Inc. • 3033 Campus Drive • Suite 175 • Minneapolis, MN 55441 • (612) 551-1001 • FAX: (612) 551-2499 0 Mr. Daniel L. Faulkner, P.E. February 1, 1993 page 2 The unit prices of the proposed new pay items as denoted in the document appear to be reasonable. We recommend that Change Order No. 4 be approved by the City. If there are any questions or if additional information is needed, please call me at 551-2427. Very truly yours, get on, P.E. Enclosure: 4 copies C.O. #4 File: 42398.330 EANDER I E sch Sheet 1 of 2 DATE: PLACE: PROJECT: PROJECT NO.: CONTRACTOR: CHANGE ORDER NO.: DESCRIPTION OF WORK: CHANGE ORDER January 29, 1993 Plymouth, Minnesota Medina Road Improvements 010, S.A.P. 155-170-01 Northdale Construction Co. Inc. 4 This change order provides for the following: a. A cattle guard was installed on the trash guard on the north end of the specified 65 -inch span RCP arch, which is located in a barnyard, to protect livestock from potential injury. b. It became necessary to install a 12 -inch hydrant extension to provide an adequate distance from the adjacent finished turf grade to the hydrant nozzle section. c. Portions of the concrete curb and gutter suffered damage beyond the control of the CONTRACTOR, and it became necessary to suitably repair the curb and gutter for structural, durability, and aesthetic reasons. d. To assure that the drainage system on Medina Road conforms with future construction on the realigned County State Aid Highway 24 (CSAH 24), it was determined that the planned storm sewer on Medina Road at the intersection with future CSAH 24 be deleted. Since materials for the work had been delivered to the site prior to the decision to delete the work, the CONTRACTOR incurred additional cost in returning the material to the supplier. e. Since the contract pay items are numerous, having units of measure that are practical for the nature of the work involved, and since the final quantity for several pay items differs from the estimated contract quantity for those items, it becomes necessary to reconcile the original contract amount with the revised contract amount based upon actual final estimated quantities of contract items. The completion date for this project, as revised by Change Order No. 3 to July 31, 1992, is unchanged. The CONTRACTOR will not make claim of any kind or character whatsoever for any other costs or expenses which he may have incurred or which he may hereafter incur in performing the work and furnishing the materials required by this document. CHANGE ORDER (continued) The following items are added to the contract: Sheet 2 of 2 Item No. Change Order Item Unit Unitri Quantity Total Amount 0501.606 Cattle Guard on Flared LS $ 470.00 1 $ 470.00 End Section 0504.602 12" Hydrant Extension EA 300.00 1 300.00 0531.606 Curb and Gutter Repairs LS 2,734.70 1 2,734.70 0506.601 Restock Unused Storm LS 255.35 1 255.35 Sewer N.A. Quantity Reconciliation LS 20,942.68 1 20,942.68 GRAND TOTAL 24 702.73 Original Contract Amount $1,433,086.89 Previous Change Orders 245,785.55 THIS CHANGE ORDER NO. 4 - ADD 24,702.73 REVISED CONTRACT AMOUNT........ $1,703,575.17 Approved by: N dale Construc 'on Cad nd. B Y Recommended for Approval by: CITY ENGINEER, CITY OF PLYMOUTH By Approved by: City of Plymouth, Minnesota By , Mayor By , Clerk Date: Distribution: 1 - City Engineer 2 - Contractor 1 - Engineer CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: February 3, 1993 For City Council Meeting of February 8, 1993 t TO: Dwight Johnson, City Manager, Through Fred G. Moore, Director of Public Works FROM: John R. Sweeney, Assistant Engineer SUBJECT: REIMBURSEMENT FOR REQUIRED CONSTRUCTION OF THE 16 INCH TRUNK WATERMAIN IN HARBOR WOODS ADDITION BETWEEN THE LUCE LINE TRAIL AND GLACIER LANE (90093) ACTION REQUESTED: The City Council adopt the resolution authorizing reimbursement to the developer for the installation of the required 16 inch watermain in the Harbor Woods Addition within the plat. The required 16 inch watermain has been constructed in accordance with the approved plans and specifications. BACKGROUND: The City's Comprehensive Water Distribution Plan requires that a 16 inch watermain be constructed in the Harbor Woods Addition from an existing 16 inch stub between Lots 6 and 7, Block 2, Harbor Place Addition Glacier Lane) northerly through the Harbor Woods Addition via the 8th Avenue North cul-de-sac and Fernbrook Lane North to an existing 16 inch stub at the Luce Line Trail. In accordance with City policies, the developer is required to construct the utilities in compliance with the City's Comprehensive Plans. In this instance, a 16 inch watermain was required. In accordance with City policy, the cost of oversizing the watermain from 8 inch to a 16 inch trunk watermain will be paid by the City. The developer, Carlson Real Estate Company, has completed the required work in accordance with the terms detailed in the approved plans and specifications. The developers are now requesting reimbursement for the watermain construction that has been completed and their engineer has verified that the total construction cost for the required 16 inch trunk watermain to comply with the Comprehensive Plan is $85,243.20; therefore, the reimbursement requested for the required construction is $85,243.20. SUBJECT: REIMBURSEMENT FOR REQUIRED CONSTRt` vION OF THE 16 INCH TRUNK WATERMAIN IN HARBOR ;JDS ADDITION BETWEEN THE LUCE LINE TRAIL AND GLACIER LANE (90093) February 3, 1993 Page Two RECOMMENDATIONS AND CONCLUSIONS: It is recommended that the City Council adopt the attached resolution authorizing the reimbursement to the developer for the cost of the construction of the required 16 inch watermain that has been completed in accordance with the approved plans and specifications for Harbor Woods Addition. The amount of the final reimbursement is $85,243.20 and would be allocated from the Trunk Water Fund. John R. Sweeney JRS:kh k„_ attachments: Resolution Request Dated January 15, 1993 Resolution Accepting Utilities for Maintenance adopted January 25, 1993 Pages 8 and 11 of the Development Contract CITY OF PLYMOUTH RESOLUTION NO. 93 - REIMBURSING DEVELOPER FOR REQUIRED 16 INCH TRUNK WATERMAIN CONSTRUCTION HARBOR WOODS ADDITION (90093) WHEREAS, the City of Plymouth and Carlson Real Estate Company have entered into a development contract dated March 4, 1992, revised April 309 1992, and executed September 25, 1992 for the development of Harbor Woods Addition; and WHEREAS, as part of this development, the developer was required to construct a 16 inch watermain in Harbor Woods Addition in order to conform with the City of Plymouth's Water Distribution Plan; and WHEREAS, in accordance with City policy, the developer installed the required 16 inch watermain in Harbor Woods Addition between the Luce Line Trail and Glacier Lane; and WHEREAS, it is the policy of the City of Plymouth to reimburse developers for required watermain construction upon completion in accordance with the approved plans and specifications and acceptance for continual maintenance by the City; and WHEREAS, this amounts to $85,243.20 including engineering fees. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the developer, Carlson Real Estate Company, is to be reimbursed in the amount of $85,243.20 for the required 16 inch watermain construction based on the alignment in the construction plans and in accordance with City policy. BE IT FURTHER RESOLVED that the funds be allocated from the Trunk Water Fund. Adopted by the City Council on February 8, 1993 zp W t'CcRS QIP January 15, 1993 SATHRE - BERGQUIST, INC. 150 SOUTH BROADWAY 612) 476-6000 Mr. John Sweeney CITY OF PLYMOUTH 3400 Plymouth Blvd. Plymouth, Minnesota 55447 RE: HARBOR WOODS Carlson Real Estate Corporation Lundgren Bros. Construction, Inc. Dear Mr. Sweeney: WAYZATA, MN 55391 FAX 476-0104 As of this date 100% of the Site Grading work, all of the utility work, and the Street work through the Class 5 base from the entrance to station 8+00. The utility work has been completed and tested in accordance with the approved plans. We therefore respectfully request that the City of Plymouth accept the utility portion of this project subject to the enclosed two (2) year maintenance bond fron Enebak Construction. upon acceptance we would also ask that the City reduce the financial guarantee to $92,282.00 as shown on the attached tabulation and reimburse the owner $85,243.20 for trunk watermain construction as shown on the attached. Please schedule this for the next Council Meeting. If you have any questions regarding this project, please contact our office. Sincerely, SATHRE-BERGQUIST, INC. 6 w.6 Robert E. Payette, P.E. cc: Mr. Mike Pflaum, Lundgren Bros. Construction, Inc. enc. JAN_x 1 - r, i;,•, n HARBOR WOODS WATERMAIN OVERSIZING R TRUNK COSTS 13—Jan-93 Plymouth, Minnesota Carlson Real Estate BASED ON WORN. COMPLETED AT CONTRACT PRICES Est Unit Description Unit oty Price Amount WATERMAIN OVERSIZING REIMBURSEMENT 16" VS. 8'' Watermain 16" DIF' L. F. 802 20.00 16, 000. 00 16" Valves EACH 3 1,000.;0 3,000.00 16" Bends EACH 7 400. 0b 2,800.00 16"x6" Tees EACH 3 450.00 1,350.00 16"x!6" Tees EACH 1 550.00 550. 00 16"x6" Reducer EACH 1 175.00 175.00 Connect To Exist: 16" W. M. EACH 1 150.00 150.00 WATERMAIN TRUNK. COSTS Watermain 16" DIF' Air Release MH 16" Pends Connect To Exist 16" W. M. C1czar-• and Grub Easement Restore Easement L. F. 1135 36.00 40, 860. 00 EACH 1 11700.00 11700.00 EACH 5 425.00 2,125.00 EACH 1 400.00 400.00 L. S. 1 6,000.00 6,000.00 L. S. 1 1,000.00 1!000.00 SUBTOTAL 76, 110. 00 12% ENGINEERING 9,133.20 WATER REIMBURSEMENT SS5,:=43.20, RESOLUTION NO. 93 - REDUCING DEVELOPMENT BOND HARBOR WOODS ADDITION (90093) WHEREAS, in accordance with the development contract dated September 25, 1992, Carlson Real Estate Company, developer of Harbor Woods Addition (90093), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and WHEREAS, the developer has requested a reduction of the development bond to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the bonding requirements are reduced as follows: Street Construction (Excluding City Proj.) Sanitary Sewer Watermain Storm Sewer Boulevard and Drainage Swale Sod Pond or Ditch Construction Street Signs (2 x 150) Site Grading and Drainage Improvements Park and Trail Improvements Design, Administration, Inspection, As-Builts TOTAL L - \:. Vo \ \I : 86,800 55,000 64,200 0- 48,255 0- 79,800 0- 5,600 5,600 0- 0- 300 300 99,075 19,815 1,680 46.285 1,680 9.887 431,995 $ 92,282 That the letter of credit required for the above items be reduced as detailed above from $170,964 to $92,282 to reflect the completed work. FURTHER BE IT RESOLVED that the bonding requirements for the following items per Section 8.1 of the approved development contract be reduced as follows: OUR Maintenance of Erosion and Sediment Control Plan Street Sweeping and Storm Sewer Cleaning Cash: Letter of Credit: 1,000 $1,000 6,650 $6,650 FURTHER BE IT RESOLVED that the sanitary sewer, watermain (including the 16 inch watermain) and storm sewer construction is accepted for continual maintenance as of January 25, 1993 subject to the Two Year Guarantee by the Developer per Bond No. 400 JH 6675. Adopted by the City Council on January 25, 1993 2. STREETS (continued) b. Collector and/or Thoroughfare Streets feet wide face to face curb, nine ton design with concrete curb and gutter design B-618 in conformance with Standard Plate No. None 2.2 Sub -grade Unsuitable soil shall be excavated within three feet (3') of sub -grade. The Developer shall furnish a complete soils report which shall include recommendations as to the sub -grade correction, etc. 2.3 Sub -base Shall be constructed in accordance with the typical section shown on the approved plans. 2.4 Base Shall be constructed approved plans. 2.5 Surfacine Shall be constructed approved plans. 3. UTILITIES in accordance with the typical section shown on the in accordance with the typical section shown on the 3.1 Sanitary Sewer Shall be constructed in accordance with the approved plans and specifications; and the 1990 Comprehensive Sewer Policy Plan adopted December 18, 1989. 3.2 Storm Sewer Storm sewer as well as all drainage ways and ponds shall be constructed in accordance with the approved plans and specifications and shall conform to the City of Plymouth Master Storm Drainage Plan adopted November 15, 1982, and the appropriate watershed district requirements where applicable. 3.3 Watermains Watermains shall be constructed in accordance with the approved plans and specifications and the 1990 Water Supply and Distribution Plan adopted August 6, 1990. The City will reimburse the developer for oversizing the watermain from 8" to 16" estimated cost, including engineering $28,028 and for 1095 feet of 16" (Outlot A) watermain estimated cost including engineering fees, $56,722 after the City has accepted the watermain for continual maintenance. 3.4 Private Utilities The developer shall be responsible for the installation of telephone, electrical and natural gas service. The required utilities shall not be installed until the boulevard or utility easements have been graded. All such utilities shall be installed underground. 8. (continued) ITEM Street Construction Sanitary Sewer System Watermain System Storm Sewer System Boulevard and Drainage ES%i- ATED COSTS City Project No. ( 1) Public( 2) Private ( 3) 38.582 $ 86.800 $ -0- 0- 64.200 -0- 0- **48.255 -0- 0- 79.800 -0- Swale Sod -0- Pond or Ditch Construction -0- Street Signs (2 x 150) -0- Park & Trail Improvements -0- Site Grading & Drainage Imp.* -0- SUB-TOTAL: Design, Admin., Insp., As-Builts (12X) TOTAL: TOTAL PROJECT NO. $ 38.582 0- 0- 300 0- 0- 279.355 33.523 312.878 5.600 D- 0- 1.680 99.075 106.355 12.762 119.117 Total 86.800 64.200 48.255 79.800 5.600 0- 300 1.680 99.075 385.710 46.285 431.995 1) Public Improvement Project No. City to own and/or maintain after development complete. $38,582 x 25Z - $9,645.50 cash deposit or assessment guarantee of $38,852 x 60Z - $23,149.20 (letter of credit) to guarantee the assessments for two years. 2) Developer Improvements. City to own and maintain after development - complete. 3) Private - Property owner and/or property owners' association to maintain after development completed. Letter of Cash Credit Total 8.1 Installation and Maintenance of Erosion and Sediment Control Plan, Street Sweeping and Storm Sewer Cleaning $ 1.000 $ 6.650 $ 7.650 Note: If a grading permit was issued and the financial guarantee released and/or expired, these monies may be used for required maintenance of the Erosion and Sediment Control Plan. Note: Does not include reimbursement for 16" watermain - estimated cost including engineering fees (1095 feet 16" watermain $56,722 oversizing from 8" to 16" $28,028) Total estimated City cost $84,750. See Item 3.3. - 11 - MEMO mpg CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: February 4, 1993 For City Council Meeting of February 8, 1993 TO: Dwight Johnson, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: AWARD OF CONTRACT PURCHASE OF SEWER CLEANING UNIT ACTION REQUESTED: Adopt the attached resolution authorizing the purchase of a sewer cleaning unit from Crysteel Truck Equipment Company in the amount of $58,082 plus applicable sales tax. BACKGROUND: The adopted 1992 Budget provided for the replacement of our existing vacuum unit which is used to remove debris from our sanitary sewer and storm sewer system. The estimated cost to replace the unit was $56,000. This unit allows the cleaning of our sewer system without the necessity of a person to go down into the manholes or catch basins. Because of safety reasons, if it was necessary for a person to go down into the sewer system, numerous safety precautions have to be taken to protect the employee in case the air within the manhole is unsafe for breathing. By using this vacuum unit, it is only necessary to go into a very small percentage of the manholes on a very infrequent basis while doing the necessary maintenance on our sanitary/storm sewer system. The existing city unit was purchased in 1981. As a result of the usage of this equipment and its maintenance cost, it was projected for replacement in 1992. We were able to continue the usage of the existing unit through the 1992 maintenance season, but the unit needs to be replaced before maintenance begins this spring. The funds budgeted in 1992, since they were not spent, transferred to the Reserve Fund of the Central Equipment Division. Bids were received for the replacement of the unit. The following two bids were received: Crysteel Truck Equipment Company $58,082 Flexible Pipe Tool Company 71,985 NOTE: Neither bid includes Minnesota Sales Tax. Jim Kolstad, Public Works Superintendent, has analyzed the bids and attached is a memorandum recommending that the unit be purchased from Crysteel Truck Equipment Company. This unit meets all the requirements of the specifications. SUBJECT: AWARD OF CONTRACT PURCHASE OF SEWER CLEANING UNIT February 4, 1993 Page Two RECOMMENDATIONS AND CONCLUSIONS: It is recommended that the City Council approve purchase of this vacuum sewer cleaning unit from Crysteel Truck Equipment Company for $58,082 plus applicable Minnesota Sales Tax. Funding for the unit would be from the Central Equipment Reserve Fund. Fred G. Moore, P.E. FGM:kh attachments: Resolution Memorandum 0 U RESOLUTION NO. 93 - RESOLUTION AWARDING BID TRUCK WITH VACUUM INDUCTER WHEREAS, the City Council, as part of the 1992 Budget, has authorized the receipt of bids for the purchase of a truck with vacuum inducter for the City of Plymouth; and WHEREAS, said equipment is required to adequately provide City services; and WHEREAS, in accordance with State Statute, bid specifications were prepared and distributed and bid proposals received and opened on January 19, 1993; and WHEREAS, the following bids were received: Crysteel Truck Equipment $ 58,082 Flexible Pipe Tool Co. 71,985 WHEREAS, the bid of Crysteel Truck Equipment is in conformance with the City's specifications for this equipment and it is recommended that it be accepted. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The bid of Crysteel Truck Equipment is declared the lowest responsible bidder. 2. That the City hereby accepts the bid in the amount of 58,082, plus Minnesota Sales Tax, and funds for this purchase are authorized from the Central Equipment Fund 602-602). Adopted by the City Council on February 8, 1993 i MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: January 27, 1993 TO: Fred Moore, Director of Public Works FROM: Jim Kolstad, Superintendent of Public Works g SUBJECT: AWARD OF BID/SEWER CLEANING UNIT Two proposals were submitted, one from Crysteel Truck Equipment and the other from Flexible Pipe Tool Company. The proposals have been reviewed and analyzed by me, Sewer and Water Supervisor, personnel from the Sewer and Water Section and mechanics. It is recommended that the proposal submitted by Crysteel Truck Equipment, Base Bid #1 of $58,082.00 meets the City of Plymouth specifications and needs to do the job that is intended by this equipment. Therefore, it is recommended that City Council authorize the purchase of a 1993 Model Truck with 1200 Gallon Vacuum Inductor Sewer Cleaning Tank and related accessories as specified from Crysteel Truck Equipment in the amount of $58,082.00. w' a' f ,4 MEMO `-Opfaw CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: February 3, 1993 For City Council Meeting of February , 1993 TO: Dwight Johnson, City Manager Through Fred G. Moore, Director of Public Works FROM: Daniel L. Faulkner, City Engineer SUBJECT: PAYMENT NO. 2 NW -17 TRUNK SEWER - PHASE I CITY PROJECT NO. 040 ACTION REQUESTED: Adopt resolution reducing the retainage on the NW -17 Trunk Sewer - Phase I, City Project No. 040, to 2% and make payment Request No. 2. BACKGROUND: Attached is Pay Request No. 2 for Ryan Contracting, Inc. for the NW -17 Trunk Sewer - Phase I project. The City's consultant, Short, Elliott, Hendrickson, Inc., is recommending that retainage be reduced from 5X to 2X. The City of Plymouth and its engineer are currently in negotiations with Ryan Contracting, Inc. to final this project. The requested reduction in retainage from 5X to 2X is on the undisputed quantities for this project only. RECOMMENDATIONS AND CONCLUSIONS: I concur with the consultant's recommendation that the retainage on the NW -17 Trunk Sewer - Phase I, City Project No. 040, be reduced to 2X and payment be made of Pay Request No. 2. Daniel L. Faulkner, P.E. DLF:dkc:kh attachments: Resolution Letter r CITY OF PLYMOUTH RESOLUTION NO. 93 - REQUEST FOR PAYMENT NO. 2 NW -17 TRUNK SEWER - PHASE I CITY PROJECT NO. 040 WHEREAS, request for Payment No. 2 dated January 1, 1993 for Ryan Contracting, Inc. has been prepared by Short, Elliott, Hendrickson, Inc. and payment is recommended; and WHEREAS, the payment requires City Council approval since it is recommended that the retainage be reduced to 2X for City Project No. 040. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the Finance Department is authorized to make payment on request for Payment No. 2 in the amount of $12,891.39 to Ryan Contracting, Inc. for City Project No. 040. FURTHER BE IT RESOLVED that other payments for additional work completed are authorized with a retainage of 2X. Adopted by the City Council on February 8, 1993. February 2, 1993 3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST. PAUL, MN 55110 612490-2000 800325-2055 ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION Mr. Dan Faulkner, City Engineer 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Mr. Faulkner: RE: Plymouth, Minnesota District Northwest 17 Sanitary Sewer Ryan Construction Application for Payment City Project No. 040 SEH File No. 91039 Enclosed is Pay Application #2 for Ryan Contracting, Inc. for the first phase of the District 17 Northwest Sanitary Sewer. The contractor is requesting a reduction in the retainage from 5% to 2%. The value of work completed to date of $111,973.45 is acceptable and undisputed. We recommend payment of Application #2, and also reducing the retainage to $2,239.47. The total amount due for this request is $12,891.39. If you have any questions or comments, please contact me. SMM/kam Sincerely, an M. Mason, P.E. R_wEp SEB 2 1993 City of Plymouth ti SHORT ELLIOTT HENDRICKSON INC. MINNEAPOLIS, MN ST CLOUD, MN CHIPPEWA FALLS, WI MADISON, WI DATE: February 1. FOR PERIOD: PLACE• Plymouth, MN FROM: 2/24/92 to 2/1/93 PROJECT: District NW 17 San. Sewer ENGINEERS PROJECT NO.: 040 FILE NO.: 91039 CONTRACTOR: Ryan Contracting, Inc. ADDRESS: 1534 E. Cliff Road Burnsville, MN 55337 REQUEST FOR PAYMENT NO.: 2 SUMMARY: 1. Original Contract Amount 2. Change Order - ADDITION 3. Change Order - DEDUCTION 4. Revised Contract Amount 5. Value Completed to Date 6. Material on Hand 7. Amount Earned 6. Less Retainage 2 % 9. Sub -Total 10. Less Amount Paid Previously SFC[FfED CONTRACT compLE110 DATE: April 1, 1992 11. AMOUNT DUE THIS REQUEST FOR PAYMENT NO.: 2 OWNER APPROVAL: By: By: Date: Page 4 of 6 159,543.78 159,543.78 107,152.17 4,821.28 . 111,973.45 2,239.47 s 109,733.98 96,842.59 12,891.39 __ — Approved By: (CONSULTING ENGINEER) Approved By: _ i e74 - j. L -L APPLICATION FOR PAYMENT + j y f R£r-jj", o J UNIT PRICE CONTRACT) EB 2 1993 Cit - NO. y ;, inuuth WNER: PLYMOUTH, MINNESOTA OWNER'S PROJECT NO. 040 ENGINEER'S PROJECT NO. 91039 LOCATION: PLYMOUTH, MINNESOTA ONTRACTOR RYAN CONTRACTING, INC. CONTRACT DATE 1/28/92 1534 E. CLIFF ROAD CONTRACT AMOUNT $159,543.78 BURNSVILLE, MN 55337 ONTR. FOR DISTRICT NORTHWEST 17 SANITARY SEWER PPLIC. DATE 2/1/93 ERIOD END. 2/1/93 SALVAGE AND REINSTALL FENCE L.F. 860 1.00 8" PVC SDR 35, 10'-12' DEEP L.F. 285 15.00 AGE 1 OF 6 SHORT-ELLIOTT-HENDRICKSON, INC. APPLICATION FOR PAYMENT CONTRACT QUANTITY UNIT DESCRIPTION UNIT QUANTITY TO DATE PRICE TOTAL MOBILIZATION L.S. 1 1 5000.00 5000.00 FIELD OFFICE L.S. 1 1 4500.00 4500.00 CLEARING ACRE 0.53 53 2000.00 1060.00 GRUBBING ACRE 0.53 2000.00 CLEARING TREE 22 26 30.00 780.00 GRUBBING TREE 23 26 40.00 1040.00 SALVAGE AND REINSTALL FENCE L.F. 860 1.00 8" PVC SDR 35, 10'-12' DEEP L.F. 285 15.00 AGE 1 OF 6 SHORT-ELLIOTT-HENDRICKSON, INC. 0. 1.. 2. 3. 4. 5. 6. IFA 8. 9. 0. 1. 2. 3. 4. 5. 6. 7. 3. 8" PVC SDR 35, 12'-14' DEEP 15.00 L.F. 8" PVC SDR 35, 14'-16' 6500.00 DEEP loo 25.00 L.F. 15" PVC SDR 26, 14'-16' 575.00 DEEP 17 25.00 L.F. 15" PVC SDR 26, 16'-18' lo9o4. oo DEEP 34 58.00 L.F. 15" PVC SDR 26, 18'-20' 1914.00 DEEP 39 58.00 L.F. 15" PVC SDR 26, 20'-22' 3770.00 DEEP 58.00 L.F. 16" DIP CL 52, 22'-24' 1020.00 DEEP 8 32.00 L.F. 16" DIP CL 52, 24'-26' 4452.00 DEEP 62.59 63.00 L.F. 16" DIP CL 52, 26'-28' 720.00 DEEP 1 2600.00 L.F. 16" DIP CL 52, 28'-30' 42735.00 DEEP 293 14.00 L.F. 16" DIP CL 52, 30'-32' DEEP L.F. 16" DIP CL 52, 32'-34' DEEP L.F. 4" DIP SERVICE RISER W/TEE L.F. 4" PVC SERVICE RISER W/WYE L.F. STD MANHOLE, 8' DEEP EACH EXCESS DEPTH STD MANHOLE L.F. SEEPAGE COLLARS EACH CONNECT TO EXISTING M.H. EACH 36" JACKED STEEL CASING L.F. AGGREGATE PIPE BEDDING C.Y. 384 15.00 75 15.00 616 260 25.00 6500.00 105 loo 25.00 2500.00_ 10 23 25.00 575.00 15 17 25.00 425.00 140 188 58.00 lo9o4. oo 69 34 58.00 1972.00 70 33 58.00 1914.00 70 39 58.00 2262.00 50 65 58.00 3770.00 130 58.00 13 17 60.00 1020.00 7 8 32.00 256.00 7 4 1113.00 4452.00 86.06 62.59 63.00 3943.17 2 1 720.00 720.00 1 1 2600.00 2600.00 165 165 259.00 42735.00 450 293 14.00 4102.00 kGE 2 OF 6 SHORT-ELLIOTT-HENDRICKSON, INC. 100 60 8.00Z9. GRAN PIPE BEDDING (CV) C.Y. 30. REPLACEMENT BACKFILL C.Y. 31. SEDIMENT TRAP C.Y. 32. SILTATION FENCE L.F. 33. GEOTEXTILE FILTER FABRIC TYPE V S.Y. 34. SODDING TYPE EROSION CONTROL S.Y. 5. ROADSIDE SEEDING ACRE 6. SEED MIXTURE 500 LBS. 7. MULCH MATERIAL TYPE 1 TON 8. FERT. ANALYSIS 10-20-20 LBS. 9. DISK ANCHORING ACRE 0. WOOD FIBER BLANKET S.Y. 1. BALE CHECKS EACH 2. TRAFFIC CONTROL L.S. 100 60 8.00 480.00 1000 155 6.00 930.00 39 20.00 1990 1.00 700 1.00 490 2.50 2.5 i _ 300.00 i6o_oo 125 60 4.00 240.00 5 4 160.00 384.00 875 420 0.40 168.00 2.5 1.2 50.00 60.00 580 1.00 25 4.00 1 5 3000.00 1500.00 TOTAL TO DATE $107,152.17 AGE 3 OF 6 SHORT-ELLIOTT-HENDRICKSON, INC. PROJECT PAYMENT STATUS CITY OF PLYMOUTH PROJECT: District NW 17 Sanitary Sewer ENGINEER'S FILE N0: 91039 CONTRACTOR: Ryan Cont an i nq, Tnc- ORIGINAL• CONTRACT AMOUNT TOTAL AMOUNT OF C.O.'S REVISED CONTRACT -AM= 159,543.78 ii 1 2 3 4 5 Total Change Orders Above ZZID S4 Thisyoucner 1. 1/30/92 2/24/92 $96,842.59 2. 2/25/92 2/1/93 $12,891.39 3. 4. 5. 6. Total Payment to Date: $109,733.98 Retainage for Payment No. 2 $ 2,239.47 Total Value Completed: $111,973.45 Page 5 of 6 Value LRAM ted Retainage 101,939.57 $5,096.98 111,973.45 $2,239.47 CONTRACTOR'S AFFIDAVIT The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress. payments received from the Owner on account of work performed under the contract referred toabovehavebeenappliedbytheundersignedtodischargeinfullallobligationsoftheunder- signed incurred in connection with work covered by prior Applications for Payment under saidcontract, and (2) allmaterialandequipmentincorporatedinsaidProjectorotherwiselistedinorcoveredbythisApplicationforPaymentarefreeandclearofallliens, claims, security interests andencumbrances. Dated i .19 C z_?, COUNTY OF Dakota ) SS STATE OF Minnesota ) 3efore me on this 1st day of February 19 93 personally appearedThomasJRyanknowntome, w o being TuTy sworn, did deposeandsaythatheistheVice -President of the Contractor above mentioned; Office that he executed the above Application for Payment and Affidavit on behalf of said Contractor; and that all of the statements confined therein are true, correct and complete. Bet i epi. B:enna. My Commission Expires;.:' NOTARY PUBLIC—MINNESOTA DAKOTA COUNTY Notary Public My commission expires 9-5-9— The undersigned has checked -th-6 on ractor''s Application for Payment shown above. A part of this Application is the Contractor's Affidavit stating that all previous payments to him under this Contract have been applied by him to discharge in full all of his obligations in connection with the work covered by all prior Applications for Payment. In accordance with the Contract, the undersigned approves payment to the Contractor of theAmountDue. SHORT ELLIOTT HENDRICKSON, INC. Date I- k,7 I, 6Y Page 6 of 6 it MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: February 4, 1993 For City Council Meeting of February 8, 1993 TO: Dwight Johnson, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: REQUEST TO MINNESOTA DEPARTMENT OF TRANSPORTATION CONDUCT SPEED STUDY PINEVIEW LANE FROM NORTHWEST BOULEVARD TO SCHMIDT LAKE ROAD ACTION REQUESTED: Adopt the attached resolution requesting that the Minnesota Department of Transportation (MnDOT) conduct a Speed Zoning Study on Pineview Lane from Northwest Boulevard to Schmidt Lake Road. BACKGROUND: At the Ward Four Town Meeting on Monday, February 1, a concern was raised about speeding on Pineview Lane in the vicinity of the Bass Lake Playfield. Currently the speed limit is posted at 40 m.p.h. A question was asked when this speed limit was established and suggested maybe it is time to request MnDOT to conduct another study. The speed study which established the current speed limit on Pineview Lane was conducted in spring, 1981. Attached is a copy of the order establishing the speed limit on this portion of Pineview Lane at 40 m.p.h. effective March 30, 1981. In accordance with State Statutes, speed limits must be established by MnDOT after conducting the appropriate investigation and studies. To initiate these studies, the City Council needs to adopt a resolution requesting the study. RECOMMENDATIONS AND CONCLUSIONS: Since it has been over ten years since a study was completed on Pineview Lane, it is my recommendation that the City Council adopt a resolution requesting MnDOT to undertake a study to determine the appropriate safe and reasonable speed on Pineview Lane between Schmidt Lake Road and Northwest Boulevard. Fred G. Moore, P.E. FGM:kh attachments: Resolution Copy of Order Establishing the Speed Limit r CITY OF PLYMOUTH RESOLUTION NO. 93 - REQUESTING MINNESOTA DEPARTMENT OF TRANSPORTATION TO CONDUCT SPEED ZONING STUDY PINEVIEW LANE FROM NORTHWEST BOULEVARD TO SCHMIDT LAKE ROAD WHEREAS, traffic continues to increase on Pineview Lane from Northwest Boulevard to Schmidt Lake Road due to adjacent developments accessing Pineview Lane and also due to access from Bass Lake Playfield; and WHEREAS, the safe and reasonable speed must now be determined by the Minnesota Department of Transportation in accordance with State Law. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the City request the Minnesota Department of Transportation to undertake an engineering study to determine the safe and reasonable speed on the following road: Pineview Lane from Northwest Boulevard to Schmidt Lake Road Adopted by the City Council on February 8, 1993 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Page Z of 2 Pages LOCAL STREET OR HIGHWAY SPEED LIMIT AUTHORIZATION Road Authority Date City of Plymouth March Road Name or No. Nine City Streets Termini of Zone: From as described below To Date of Ree tAbber 6, 1980 Kindly make the following changes in speed limits on the above -referenced section. Changes authorized herein are in accordance with Minnesota Highway Traffic Regulation Act, M.S. Chapter 169.14 and applicable subdivisions thereof. IMr—vh inno 40 miles per hour between the intersection with County State Aid Highway 9 and the intersection with Hamel Road. 30 miles per hour between the intersection with Hamel Road and the intersection with Old Pineview Lane (a distance of approximately 350 feet). larrh Dlarc 30 miles per hour between the intersection with Larch Lane and the south end of the road (a distance of approximately 600 feet). Hamel Road 35 miles per hour between the intersection with Larch Lane and the intersection with Zachary Lane. Pineview Lane 40 miles per hour between the intersection with IHaffle!—Road (a point approximately 1,285 feet south of Soo Line RR crossing) and the intersection with County Road 47. Please I Signature of Traffic Engineer Sign — / Here 3) White — Road Authority 1) Pink—Central Office Traffic 1) Blue— District Traffic Engineer for Road Authority use only Date traffic control devices changed implementing this authorization Month -Day -Year I Signature I Title MEMO 401-K CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: February 3, 1993 for City Council Meeting of February 8, 1993 TO: Dwight Johnson, City Manager through Fred G. Moore, Director of Public Works FROM: Daniel L. Faulkner, City Engineer SUBJECT: REQUEST FOR FINAL PAYMENT MEDINA ROAD IMPROVEMENTS CITY PROJECT NO. 010 ACTION REQUESTED: Approve the attached resolution requesting final payment. BACKGROUND: Attached is proposed Payment No. 8 and Final for the Medina Road Improvements, Project No. 010. Construction on this project began in July of 1991 with major portions being completed by the fall of 1991. All aspects of this project have now been completed and approved by the City's consulting engineer. The contractor is asking for final payment at this time. RECOMMENDATIONS AND CONCLUSIONS: I hereby recommend that the City Council accept the project and make final payment in the amount of $13,974.68. Daniel L. Faulkner, P. E. DLF:dkc:do attachments: Resolution Pay Request Letter El CITY OF PLYMOUTH RESOLUTION NO. 93 - REQUEST FOR PAYMENT NO. 9 AND FINAL MEDINA ROAD IMPROVEMENTS CITY PROJECT NO. 010 WHEREAS, the City of Plymouth as owner and Northdale Construction Company, Inc. as contractor, have entered into an agreement for the Medina Road Improvements, City Project No. 010 said agreement being dated July 8, 1991; and WHEREAS, the Engineer has certified acceptance of the work and approval of the final request for payment. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. That the original contract amount was $1,433,086.98. Four change orders were approved increasing the contract amount by $270,488.28 and the value of the work to date is $1,703,575.17 and is herewith approved. 2. That the work performed by the Contractor for Medina Road Improvements and certified to the Council by the engineer as acceptable, being the same, is hereby released from the contract except as to the conditions of the performance bond, any and all legal rights of the owner, required guarantees and correction of faulty work after final payment. 3. Request for Payment No. 9 and Final in the amount of 13,947.68 to Northdale Construction Company, Inc. for Medina Road Improvements is hereby approved and the City Finance Director is hereby authorized and directed to pay the same forthwith. Adopted by the City Council on February 8, 1993 T. -.E-QR_-;P-LyhEAT FOR PERIOD: 9-25-1992_ TO 1-21-1993 Medi, RD; --6' PROJECT NNG 0 COV'TRhOT'', ,rp EI cIQL r" ISMRucxl compult - 3119 5ju NORTHD REQUEST pll.!Z rl , 0, 9th and Fin,.a l PAID 2. c.n. ?kv,. PV- ADDITION 270,488.28 2. DEDUCTION' D TO DRTE 6. HAND 7. PAIDlhM"-'-"`-NT PREVIOUSLY DUE 'THIS REQUEST FOR PAYMENT Ar -PROVED 'Y' 0 Yl, ENGINgERS BY: OWHIER APP*R0k;".'q,"---,, BY: PFIROVLTD co, UCTION COMPANY, INC. C' DP T PED.- 1,433,086.89 1,703,575.1.7 1,703,575.,17 0- . -- -,L, L1,,703,575.17 0 1,703,575.1.7 1,,689,627.49 MEMO TwA CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: February 3, 1993 for City Council Meeting of February 9, 1993 TO: Dwight Johnson, City Manager through Fred G. Moore, Director of Public Works FROM: Daniel L. Faulkner, City Engineer SUBJECT: AUTHORIZE THE VACATION OF A PORTION OF KINGSVIEW LANE FORMERLY LAKE STREET AND LAKESHORE COMMONS ADJACENT TO LOTS 18, 19, 20, AND 21, BLOCK 2 SUBURBANDALE ON PARKER LAKE ACTION REQUESTED: Authorize the vacation of a portion of Kingsview Lane, formerly Lake Street and Lakeshore Commons in Suburbandale on Parker Lake. BACKGROUND: The City Council has established a public hearing for February 8, 1993 on the petition submitted by Mr. Wayne Heaton to vacate a portion of Kingsview Lane adjacent to his property. Lots 18, 19, 20, and 21, Block 2, Suburbandale on Parker Lake. The remainder of Kingsview Lane south of his property was vacated by Resolution No. 87-38 on January 12, 1987 and is now part of the Parkers Woods Addition. The Kingsview Lane right-of-way is adjacent to Parkers Lake and the right- of-way will not be used for street purposes. Drainage and utility easements will be retained over the vacated right-of-way. RECOMMENDATIONS AND CONCLUSIONS: Unless new information is submitted at the public hearing, I recommend the City Council adopt the attached resolution vacating a portion of Kingsview Lane within Surburbandale on Parkers Lake. Daniel L. Faulkner, P. E. DLF:rcj:do attachments: Resolution Map CITY OF PLYMOUTH RESOLUTION NO. 93 - AUTHORIZING THE VACATION OF A PORTION OF KINGSVIEW LANE, FORMERLY LAKE STREET AND LAKESHORE COMMONS IN SUBURBANDALE ON PARKER LAKE WHEREAS, a petition was received to vacate a portion of Kingsview Lane, formerly Lake Street and Lakeshore Commons in Suburbandale on Parker Lake; and WHEREAS, a public hearing with respect to said vacation was scheduled for February 8, 1993 in accordance with Minnesota Statutes 412.851 as amended; and WHEREAS, a notice of publication of said hearing was published and posted two weeks prior to the meeting of February 8, 1993; and WHEREAS, all property owners adjacent to the proposed vacation were duly notified by mail; and WHEREAS, the Council did hold a public hearing on February 8, 1993, to inform any and all interested parties relevant to the vacation of a portion of Kingsview Lane, formerly Lake Street and Lakeshore Commons in Suburbandale on Parker Lake; and WHEREAS, it was determined by the City Council that said easements were not needed for public purposes. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the following portion of Kingsview Lane, formerly Lake Street and Lakeshore Commons in Suburbandale on Parker Lake be vacated: Kingsview Lane (originally platted as Lake Street and Lakeshore Commons) adjacent to the southwesterly lot lines of Lots 18, 19, 20, and 21, Block 2, Suburbandale on Parker Lake lying southeasterly of the northwesterly lot line of Lot 21, Block 2 extended and northwesterly of the northwesterly plat boundary of Parkers Woods. FURTHER, that said vacation shall not affect the authority of any person, corporation or municipality owning or controlling the electric or telephone poles and lines, gas and sewer lines, water pipes, mains and hydrants thereon or thereunder, to continue maintaining the same, to enter upon such way or portion thereof vacated to repair, replace, remove otherwise attend thereto. FURTHER, a permanent drainage and utility easement shall be retained over, under, and across the southwesterly and southeasterly 6 feet and the northwesterly 10 feet of said vacated street. Adopted by the City Council on February 8, 1993 a ii' 12' µ15 ti 1 1 .97 1 10. 75 4fo (32) T r P LR. t06.11.5 6. I1, ( 71 91. 61.73,1 ce f Cb 9,• 10 1 DOC No T-1651079 • s 2_t07 . TZ3.Z--...... — 110 1903.55 RES ......... PARKERS LAKE FARAD SECO980 ADDN 12 .a 50. MC 72.9 .. 0,• Y fp 1 S. S F• 85 cS fA (27 2 r 3f(7) 5 1 y .19=18 17 g J , \ b1 T 8) \ 6 " VAC DOC No 4909142 AVE N J b's , q13TH A .., 9) Sp /8. A pyAR)( 5 : • 1 f T• t. - iIQ 'D 16 15 11 fR 13 (• J = 9 185317 . (11) — ) — 128 11 a — S 1 — 37) 36 66) y 7 ./.-- r - 17 2.85 8 ' 50 ' 50 50 50 So 50 • 4 10:9' t`h r P 5320 21- 23 24 Ne ' S0 • I50 31? i- 19 81) (48)R- 7 . 1 12 -.^,i• - yiyd s i (12) (85) +• • o 27I N 0r _d I- r n ) (26) S °' ¢ (79) Ow 29 =o" (' R.i ! 13 1 ( s % .2 28,(11) ' 2. N ooc la I v( F mc w 4leosre TF•, p ; '.F.1: 15 $ `9 ``c3 ' 1` b •` 1(,` I 1 .. ss i.. leAVE L N b(13 cJ S 2`L` Gly 26)5 12 1•( 73 , 2 6 5. .1125 Z 17 o S t6 V S6 (IS) 3 r. (I7) 9$ 8c 7 (21)- 5 17 fn a' 17(11 'a b 1 ` 0 ` o \25 ) (22)` (20) 15 17) 11 r' 15 11 . D 14' 20 ww- I 5 11 ' \ (2%)S A f 1. 10 R 1 •+• 3 1 16 AK 211 465 77.6 (73) I ' 72) 19 125 \ 181h 18 4 . \ t (29) T 17 18 (31 1 \ ' j 50 I ) ^ " : 5 1 (30) \1S (32) (33) 5D o \ VAC DOC 1 i 16 n SDS e 71 SHORELINE AS ' 6 0 • ? _ 123.2 yx,. 18/ 1 - SHOWN ON FLATS °. 3 62.9 5 N 3R ; 705) I v- 40 \ \ Pr / ed Va c at o x. 16) Ncv dINN WESTER( RR o 2A 2 C. 20.' SEE DEEDS ti tQ' 24 CI 1 'O BOOK 764 Pf 85) ^ 1 588.33' LOT A 2) 'S , 177 0 no ; R-7101. MC NO 11517M 1 1 ti A VE 60 Z MEMO 7 B CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: February 4, 1993, for City Council Meeting of February 8, 1993 TO: Dwight D. Johnson, City Manager FROM: Laurie Rauenhorst ' y Clerk, through Frank Boyles, Assistant City Manager SUBJECT: ON -SALE 3.2 AND WINE LICENSE APPLICATION OF THUNSTROM ENTERPRISES INC. ACTION REQUESTED: Following the public hearing, adopt the attached resolution approving an on -sale 3.2 and wine license for Thunstrom Enterprises, Inc., d/b/a El Meson Restaurant, 1115 Vicksburg Lane, Suite 8. BACKGROUND: The City has received applications for on -sale 3.2 liquor and wine licenses from Thunstrom Enterprises, Inc., d/b/a El Meson Restaurant, 1115 Vicksburg Lane, Suite 8. This is a new business. Mr. Thunstrom owns an established restaurant by the same name at 3450 Lyndale Avenue South in Minneapolis. All fees and certificates of insurance have been provided. The licenses are recommended for approval by the Public Safety Department. RECOMMENDATION: Following the public hearing, adopt the attached resolution approving an on -sale 3.2 liquor license and wine license for Thunstrom Enterprises, Inc., d/b/a El Meson Restaurant, 1115 Vicksburg Lane, Suite 8. L_ CITY OF PLYMOUTH RESOLUTION NO. 93 - APPROVING ON -SALE 3.2 LIQUOR LICENSE AND WINE LICENSE FOR THUNSTROM ENTERPRISES, INC. WHEREAS, the City has received an application for an on -sale 3.2 liquor license and wine license from Thunstrom Enterprises, Inc., d/b/a El Meson Restaurant, 1115 Vicksburg Lane, Suite #8, and WHEREAS, the applicant has paid all fees and provided all required insurance certificates, and WHEREAS, a public hearing was conducted and the City Council finds there to be no reason to deny the license. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Plymouth that an on -sale 3.2 liquor license and wine license are hereby approved for Thunstrom Enterprises, Inc., d/b/a El Meson Restaurant, 1115 Vicksburg Lane, Suite 8. The on - sale 3.2 liquor license shall be issued for the period February 9, 1993, through June 30, 1993; and the wine license shall be issued for the period February 9, 1993, through January 31, 1994. Approved by the City Council on February 8, 1993. CIN OF PLYMOUTFF NOTICE OF HEARING ON WINE AND ON -SALE 3.2 LIQUOR LICENSE APPLICATIONS OF THUNSTROM ENTERPRISES INC., D/B/A EL MESON RESTAURANT, 1115 VICKSBURG LANE, SUITE 8 NOTICE IS HEREBY GIVEN that the Plymouth City Council will conduct a hearing on the wine and on -sale 3.2 liquor license applications of Thunstrom Enterprises, Inc., d/b/a El Meson Restaurant, 1115 Vicksburg Lane, Suite 8, on Monday, February 8, 1993, at 7:00 p.m. The hearing will be held in the Council Chambers of the Plymouth City Center, 3400 Plymouth Boulevard. All persons wishing to address the Council regarding this application will be heard at that time. Larie Rauenho st City Clerk 550-5014 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 Arsenio J. Thunstrom Thunstrom Enterprises Inc. 76 8th Avenue N. E. Minneapolis, MN 55413 Dear Mr. Thunstrom: The Plymouth City Council will conduct a public hearing on Monday, February 8, 1993, at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd to consider your application for a wine and on -sale 3.2 liquor license at 8 Vicksburg Lane. You or your representative should be present to answer any questions the Council may have. I have enclosed two copies of the public hearing notice. Please post one notice on the premises to be licensed and the other notice somewhere else in the vicinity. I will post a copy of the hearing notice at the City Center and have provided for the required published notice. If you have questions regarding this hearing or need further information prior to the hearing, please contact me at 550-5014. Sincerely, qlae Rauenhor t City Clerk Enc. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 A MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: February 3, 1993 For City Council Meeting of February 8, 1993 TO: Dwight Johnson, City Manager FROM: Community Development Director Ch rl Dillerud SUBJECT: LUNDGREN BROS. CONSTRUCTION COM NY, INC. FINAL PLAT AND DEVELOPMENT CONTRACT FOR "AUTUMN HILLS" LOCATED NORTHWEST OF 46TH AVENUE NORTH AND VICKSBURG LANE (92060) ACTION REQUESTED: Adopt the attached resolutions providing for the approval of a Final Plat and Development Contract; Setting Conditions Prior to Recording of the Final Plat; and, Adopting Assessments. Staff has prepared a Development Contract covering this project which has been returned by the applicant unexecuted, together with a letter explaining the reasons for not signing. BACKGROUND: On August 31, 1992, the City Council approved a conventional Preliminary Plat for 50 single family detached lots on approximately 44 acres lying west of Vicksburg Lane at approximately 46th/47th Avenue North. A stipulation of that approval action was that a Final Plat application not be accepted until the public sewer to serve the parcel is under construction. This now being the case, the initial Final Plat is proposed for 26 of the 50 lots, with the balance of the plat designated as an outlot. DISCUSSION: The Development Review Committee has found the Final Plat design to be responsive to the approved Preliminary Plat design and applicable standards of the City and Policy Resolution 83-125 regarding the approval of Final Plats and Development Contracts. In a letter dated February 2, 1993 the developer has returned the unexecuted Development Contract explaining that they object Item 13 of the City Engineer's Memo dated August 6, 1992. This condition specifies that acceleration/deceleration lanes be provided at the intersection of Vicksburg Page Two, File 92060 Lane and 47th Avenue North; and, also, that a bypass lane be provided for northbound traffic on Vicksburg Lane. The City Engineer has provided a memorandum responding to the concerns and objections of the developer for the consideration of the City Council. RECOMMENDATION: I recommend adoption of the attached resolution providing for the approval of the Final Plat and Development Contract (as written); Resolution Setting Conditions Prior to Recording of the Final Plat; and, the Resolution Adopting Assessments. Consistent with the comments of the City Engineer I recommend no change in the Development Contract with regard to the construction of the additional lanes on Vicksburg Lane. ATTACHMENTS: 1. Resolution Approving Final Plat and Development Contract 2. Resolution Setting Conditions Prior to Recording of the Final Plat 3. Resolution Adopting Assessments 4. Applicant's Letter of February 2, 1993 5. City Engineer's Memo of February 3, 1993 6. Development Contract 7. City Engineer's Memo 8. Location Map 9. Final Plat 10. Approved Preliminary Plat CITY OF PLYMOUTH RESOLUTION 93 - APPROVING FINAL PLAT FOR LUNDGREN BROS. CONSTRUCTION COMPANY, INC. FOR "AUTUMN HILLS" FOR PROPERTY LOCATED NORTHWEST OF 46TH AVENUE NORTH AND VICKSBURG LANE 92060) WHEREAS, has requested approval of a Final Plat for Lundgren Bros. Construction Company, Inc. located northwest of 46th Avenue North and Vicksburg Lane; and, WHEREAS, the City staff has prepared a Development Contract covering the improvements related to said plat; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the Final Plat and Development Contract for Lundgren Bros. Construction Company, Inc. located northwest of 46th Avenue North and Vicksburg Lane. FURTHER, that the Development Contract for said plat be approved, and that the Mayor and City Manager be authorized to execute the Development Contract on behalf of the City. Adopted by the City Council on February 8, 1993. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on , with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk CITY OF PLYMOUTH RESOLUTION 93 - SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR LUNDGREN BROS. CONSTRUCTION COMPANY, INC. FOR "AUTUMN HILLS" FOR PROPERTY LOCATED NORTHWEST OF 46TH AVENUE NORTH AND VICKSBURG LANE (92060) WHEREAS, the City Council has approved the Final Plat and Development Contract for Lundgren Bros. Construction Company, Inc.; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the following to be met, prior to recording of, and related to said plat: 1. Compliance with the City Engineer's Memorandum. 2. The Ordinance rezoning the property shall be published upon evidence that the Final Plat has been filed and recorded with Hennepin County. 3. Payment of park dedication fees -in -lieu of dedication with appropriate credits in an amount determined according to verified acreage and paving costs and according to the Dedication Policy in effect at the time of filing of the Final Plat. 4. No building permits shall be issued until a contract has been awarded for the construction of municipal sewer and water. 5. Removal of all dead or dying trees from the property at the owner's expense. 6. Compliance with Policy Resolution 79-80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 7. No yard setback variances are granted or implied. 8. Submittal of required utility and drainage easements as approved by the City Engineer prior to filing the Final Plat. 9. No building permits to be issued until the Final Plat is filed and recorded with Hennepin County. 10. Appropriate legal documents regarding covenants and restrictions, as approved by the City Attorney, shall be filed with the Final Plat. Page Two, File 92060 11. Access shall be limited to internal public roads and prohibited from Vicksburg Lane. 12. The Development Contract, as approved by the City Council, shall be fully executed prior to release of the Final Plat. 13. The 50 foot setback to Vicksburg Lane shall be measured from the west line of the trail outlot. Adopted by the City Council on February 8, 1993. CITY OF PLYMOUTH RESOLUTION NO. 93 - ADOPTING ASSESSMENTS CITY PROJECT NO 312 SANITARY SEWER AND WATERMAIN AREA - AUTUMN HILLS WHEREAS, in conformance with the development contract, we have received a Waiver of Assessment Hearing from the property owner of Autumn Hills waiving their right to special assessment hearings covering the installation of sanitary sewer and water trunk facilities and all other appurtenances; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January 1994, and shall bear interest at the rate of 8.00X per annum from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this Resolution until December 31, 1994. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Finance Director, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Finance Director, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this Resolution; and he may at any time thereafter pay the City Finance Director the entire amount of the assessment remaining unpaid with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Finance Director to be extended on the proper tax lists of the County and such assessments shall be collected and paid over in the same manner as other municipal taxes. 5. The total cost of the improvement assessed by this Resolution is $46,257.12. Adopted by the City Council on February 8, 1993 LunDGREn BROS. February 2, 1993 CONSTRUCTION INC Members of the Plymouth City Council Plymouth City Hall 3400 Plymouth Boulevard Plymouth, MN 55447 Honorable Mayor and Members of the Plymouth City Council: 935 E. Wayzata Blvd. Wayzata In accordance with City policy, I am writing to explain why Lundgren Bros. Construction is returning unsigned the Development Contract for Minnesota 55391 Autumn Hills (formerly referred to as the "Deziel/Tombers Property") . 612)473-1231 We believe that Item No. 13 of the Engineer's Memo is unfair and in- appropriate and should be removed. The Item requires the construc- tion of a deceleration lane, an acceleration lane and a bypass lane on Vicksburg Lane at its intersection with 47th Avenue N. While we are aware that developers in Plymouth have been required to make such improvements on streets belonging to the State and the County, we are aware of no instance where the developer of a single family subdivision has been required to do so on a City street. Nor, we believe, has there ever been a formally adopted ordinance or City policy which establishes such a responsibility. We believe that if Plymouth desires such a policy, it should imple- ment it through a rule-making proceeding and incorporate a traffic threshold below which the improvements would not be required. Autumn Hills will not be a major traffic generator, and its trips will be divided between two streets, 47th Avenue N. and 46th Avenue N. Forty-sixth Avenue N. is the main entrance to Oxbow Ridge and serves as well as the north entry to Fawn Creek. The south entry to Fawn Creek 'is 43rd Avenue N. The Vicksburg Lane intersections of 46th Avenue N. and 43rd Avenue N. will have as much traffic as the 47th Avenue N. intersection, yet neither has a bypass lane or accel- eration and deceleration lanes. Lundgren Bros. respectfully questions why it should be required to construct such improvements at 47th Avenue N. Respectfully submitted,\ X9.1 LUN RE BROS. ON TRUCTION, INC. Ft: rCEI`VE('; FEB 3 1993 1 City of Plymouth Michael A. P laum MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: February 4, 1993 TO: Dwight Johnson, City Manager FROM: Fred G. Moore ,`tiector of Public Works SUBJECT: FINAL PLAT AND DEVELOPMENT CONTRACT AUTUMN HILLS ADDITION (92060) VICKSBURG LANE ACCELERATION/DECELERATION/BYPASS LANE Contained within the resolution an Engineering Memorandum for the Autumn Hills Addition Final Plat approval is a recommendation that the developer be required to construct an acceleration/deceleration/bypass lane on Vicksburg Lane for the new street which they are proposing (47th Avenue) to provide access to the subdivision. The developer has submitted a letter objecting to the requirement that they construct the additional traffic lanes along Vicksburg Lane. Vicksburg Lane is classified as a "Minor Arterial" street as part of our Transportation Plan. This is the major north/south roadway which will go from our south city limits to our north city limits as development continues within Plymouth. Currently the road is constructed from Gleason Lake Drive on the south by the Wayzata High School to County Road 47 on the north. Both Plymouth and Maple Grove's Comprehensive Plan indicates that at some time in the future, Vicksburg Lane would be extended northerly into Maple Grove. Vicksburg Lane was constructed to a two lane rural type roadway drainage ditches) in 1980. It was projected that the two lane width was adequate for the 20 year planning period since a major portion of this area of the city is beyond our Municipal Urban Service Area Boundary (M.U.S.A.). This continues to be the case within this area with property approximately south of Schmidt Lake Road available for development and the area north of Schmidt Lake unavailable for development unless our M.U.S.A. boundary is revised by the Metropolitan Council. Because Vicksburg Lane is a major street within our Transportation Plan, access has been restricted to only street intersections. Since 1979, there have been only two street accesses permitted to Vicksburg Lane north of County Road 9. 46th Avenue which services the Amhurst/Tyrell/Oxbow Additions was constructed in approximately 1979 and 43rd Avenue which serves the North Fork/Fawn Creek Additions was constructed approximately two years ago. SUBJECT: FINAL PLAT AND DEVELOPMENT CONTRACT AUTUMN HILLS ADDITION (92060) February 4, 1993 Page Two Based upon the latest traffic counts (1991) the traffic volumes on Vicksburg Lane within this area are 2,250 vehicles per day. The projected traffic volumes for the year 2,010 are 7,000 vehicles per day. Generally, traffic volumes in the area of 7,000 vehicles per day do not require more than a two lane roadway if there is only limited access. There is the need to provide bypass or turn lanes at street intersections in order that the major through movement of traffic is not required to stop for vehicles making turns. Developments within the city have been required to make turn lane improvements along the major access roadway in order that safety is not decreased by constructing the new intersection to serve the development. A few examples of these on city streets are as follows: Acceleration/deceleration lanes on Ferndale Road for both Brockton Lane's intersections from the Ferndale North Development. Right turn lane on Nathan Lane for the Holiday Gas Station north of County Road 9. A right turn lane on Fernbrook Lane for the Norwest Bank. A right turn lane on Fernbrook Lane for the Holiday Gas Station at Harbor Lane. A left turn lane on Vicksburg Lane for the proposed Sugar Hills Development at 37th Avenue. Turn lanes were required along Zachary Lane between County Road 9 and County Road 10 for all residential streets serving the numerous developments. Michael Pflaum is making three major points in his letter concerning the turn lanes. They are as follows: 1. He is not aware of any instances where the developer of a single family subdivision has been required to construct a turn lane on a city street. 2. There is no formerly adopted ordinance or City policy which establishes such a responsibility. 3. Turn lanes were not required on Vicksburg Lane at 46th Avenue and 43rd Avenue. There will be as much traffic at these two intersections as the proposed 47th Avenue intersection. SUBJECT: FINAL PLAT AND DEVELOPMENT CONTRACT AUTUMN HILLS ADDITION (92060) February 4, 1993 Page Three Previously in this memorandum, I have given a response to these three items. In summary, I would state the following to address each item: 1. There have been numerous city streets where additional turn lanes were required to be constructed by the developer. Many of these turn lanes were for single family subdivisions. 2. It is correct that there is not an adopted policy or ordinance indicating when it is mandatory to construct a turn lane. The City Council may wish to direct the preparation of such a proposed policy. 3. 46th Avenue was constructed providing access to Vicksburg Lane in 1979. This was the first development north of County Road 9 and west of Fernbrook Lane. It was an oversight of the Engineering Department not recommending that turn lanes be constructed for 43rd Avenue when that street was developed two years ago. Based upon existing traffic volumes and anticipated traffic volumes, within the next few years it would be my opinion that at a minimum bypass lanes will have to be added at these intersections. It is the Engineering Department's recommendation that the acceleration/deceleration/bypass lanes be constructed on Vicksburg Lane at the new street intersection to provide for a safe movement of the through traffic on Vicksburg Lane. FGM:kh R1 CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA CONTRACT FOR RESIDENTIAL DEVELOPMENTS CITY PLAT NO: 92060 CONTRACT NO: 92060 DATE: January 27, 1993 THIS AGREEMENT, made this day of , 19__1 between the City of Plymouth, Minnesota, acting by and through its Mayor and City Manager, herein called the "City" and Lundgren Bros. Construction, Inc. herein called the Developer. WITNESSETH: In consideration of the City accepting the plat of Autumn Hills Subdivision, the Developer shall provide water systems, storm sewers, sanitary sewers, and street improvements including concrete curb and gutter and other miscellaneous work, all in conformance with City adopted Guide Plans, and more specifically as outlined in the Special Conditions of this Contract and the approved plans and specifications. The Developer shall provide the City with plans and specifications prepared by a Registered Professional Engineer, subject to review and written approval by the City Engineer. Said plans and specifications are hereby made a part of this contract and shall be prepared in conformance with the "Manual of Engineering Guidelines, City of Plymouth Engineering Department" (current edition). It is agreed that all labor and work shall be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications prepared by Sathre-Bergquist. Inc. dated December 3. 1992 and Revisions as approved by the City Engineer and on file with the City Clerk. No deviations from the approved plans and specifications will be permitted unless approved in writing by the City Engineer. The Developer agrees to furnish to the City a list of contractors being considered for retention by the Developer for the performance of the work required by this contract. It is further agreed that the Developer, through his Engineer, shall provide all staking, surveying and resident inspection for the above described improvements in order to insure that the completed improvements conform to the approved plans and specifications. The City will provide for general inspection and shall be notified of all tests to be performed. It is agreed that the estimated cost of such improvements including charges of the City for legal, planning, engineering services, including, inspection, supervision and administration costs, shall be included in the total cost of all improvements for purposes of computing the amount of the surety bond to be furnished to the City by the Developer pursuant to the terms of this agreement. In case any material or labor supplied by the Developer shall be rejected by the City Engineer or his designated representative as defective or unsuitable, then such rejected material shall be removed and replaced with approved material and the rejected labor shall be done anew to the specifications and approval of the City Engineer and at the sole cost and expense of the Developer. The Developer further agrees that he will commence work hereunder on or before March 1 , 19 93 and will have all work done and the improvements fully completed to the satisfaction and approval of the City Council of the City of Plymouth, Minnesota on or before September 1 , 19_ 44 . It is specifically understood that Final Approval and Acceptance of this development project shall take the form of a Resolution duly passed by the Plymouth City Council, on the advice of the City Engineer. It is agreed, however, that the Developer shall submit a written schedule indicating the progress schedule and order of completion of the work covered by this contract. It is further agreed that upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control which will delay the completion of the work, the City Council, at its discretion, may extend the date hereinbefore specified for completion and that any bond required shall be continued by the Developer to cover the work during this extension of time. It is distinctly understood and agreed that all work covered by contract shall be done at no expense to the City of Plymouth except as may be provided in the Special Conditions attached hereto and made a part hereof. Copies of all bids, change orders, suppliers, subcontractors, etc. shall be forwarded to the City Engineer for his files. The Developer shall not do any work or furnish any materials not covered by the plans and specifications and Special Conditions of this contract, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. Any such work or materials which may be done or furnished by the contractor without such written order first being given shall be at his own risk, cost and expense, and he hereby agrees that without such written order he will make no claim for compensation for work or materials so done or furnished. Upon completion of all the work required the City Engineer or his designated representative, a representative of the contractor, and a representative of the Developer's Engineer will make a final inspection of the work. Before final payment is made to the contractor by the Developer, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications; and the Developer's Engineer shall submit a written statement attesting to same. 2 - Upon completion of the work, the Developer shall have his Engineer provide the City with a full set of as -built mylar reproducible plans for City records. These plans shall include the locations and ties to all sanitary sewer and watermain services as well as gate valve boxes and manholes. It is further agreed anything to the contrary herein notwithstanding, that the City of Plymouth City Council and its agents or employees shall not be personally liable or responsible in any manner to the Developer, the Developer's contractor or subcontractor, material men, laborers or to any other person or persons whomsoever, for any claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agreement or the performance and completion of the work and the improvements provided herein, and that the Developer will save the City harmless from all such claims, demands, damages, actions or causes of actions or the costs, disbursement and expenses of defending the same, specifically including, without intending to limit the categories of said costs, cost and expenses for City administrative time and labor, costs of consulting engineering services and costs of legal services rendered in connection with defending such claims as may be brought against the City. It is further agreed that the Developer will furnish the City of Plymouth a corporate surety bond, certified check, certificate of deposit, or irrevocable letter of credit in accordance with Section 6 of the Special Conditions to cover the estimated cost of the proposed improvements covered by this contract as outlined in Section 8 of the special Conditions; and shall also furnish proof of insurance covering any public Contractor's equipment, laborers and hazard caused by said improvements. Upon completion of the work, the Developer and/or his contractor shall be required to furnish the City a maintenance bond guaranteeing said work to the City as follows: The contractor shall guarantee all work relating to utilities, appurtenances, material and equipment furnished by him for a period of two years from the date of written acceptance of the work or project. The contractor shall guarantee all work relating to street construction including concrete curb and gutter, materials and equipment furnished by him for a period of one year from the date of written acceptance of the work or project, unless the wearing course is placed during the same construction season as the base course. In those instances the contractor shall guarantee all work including street construction, concrete curb and gutter, material and equipment furnished by him for a period of two years from the date of written acceptance of the work or project. 3 - CITY OF PLYMOUTH AUTHORIZED CITY OFFICIALS' SIGNATURES STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) and being first duly sworn, depose and say that they are the Mayor and City Manager, respectively, of the City of Plymouth, in the County of Hennepin, and the State of Minnesota; they have read the foregoing contract and know the contents thereof and that the same is true of their own knowledge; and that this contract is made at the direction of and under authority granted by the City Council of the City of Plymouth, Minnesota. Subscribed and sworn to before me this day of 19 Notary Public Signature of Mayor) Signature of City Manager) SIGNATURES FOR DEVELOPER LUNDGREN BROTHERS CONSTRUCTION. INC. BY: BY: M INDIVIDUAL OR CO -PARTNERSHIP ACKNOWLEDGMENT OF DEVELOPER'S SIGNATURE STATE OF MINNESOTA j SS COUNTY OF ) On this day of appeared 19 , before me personally to me personally known to be the person_ described herein and also who executed the foregoing contract and acknowledge that _he_ executed the same as free act and deed. SEAL) CORPORATE ACKNOWLEDGMENT FOR DEVELOPER STATE OF MINNESOTA } SS COUNTY OF ) On this day of 19 , before me appeared of a corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that said instrument was executed in behalf of the corporation by authority of its Board of Directors; and they acknowledge said instrument to be the free act and deed of the corporation. SEAL) NOTE: If the Developer is a corporation, this should be signed by at least two executive officers, same being the President and Secretary, or Vice President and Secretary, and the corporate seal attached. If the Developer is a co -partnership, this should be signed by all members of the co -partnership. 5 - SPECIAL CONDITIONS FOR SUBDIVISION DEVELOPMENT CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA 1. SCOPE OF WORK The Developer shall provide the City with plans and specifications for the construction of the following for the plat of Autumn Hills Addition. 1. Streets 2. Sanitary Sewer 3. Watermain 4. Storm Drainage Facilities (pipe, water, ponds, etc.) 5. Grading and Erosion Control 6. Miscellaneous Facilities 1.2 Said plans and specifications shall be prepared by a Registered Professional Engineer subject to review and written approval by the City Engineer. They shall be prepared in accordance with the Manual of Engineering Guidelines, City of Plymouth Engineering Department." This manual outlines City standard materials, drawings and procedures which shall be adhered to for the above mentioned plat. 1.3 Changes in plans for the purpose of saving trees and other desirable features on private property and on streets will be permitted, providing revised plans and specifications are submitted and approved in writing by the City Engineer prior to the making of any contemplated change. In the event changes are made which affect occupied residences, such changes shall be discussed with the affected owner and their approval secured in writing. 2. STREETS 2.1 General The following streets are to be constructed by the Developer to City Standards including concrete curb and gutter: a. Residential Streets Thirty-three (33') wide back to back of curb, seven ton design with concrete curb and gutter design Standard Surmountable in conformance with City Standard Plate No. STRT-2 Weston Lane Yuma Lane 2. STREETS (continued) b. Collector and/or Thoroughfare Streets 13 feet wide nine ton design Vicksburg Lane - Acceleration/deceleration lane for southbound traffic and bypass lane for northbound traffic. 2.2 Sub -grade Unsuitable soil shall be excavated within three feet (3') of sub -grade. The Developer shall furnish a complete soils report which shall include recommendations as to the sub -grade correction, etc. 2.3 Sub -base Shall be constructed in accordance with the typical section shown on the approved plans. 2.4 Base Shall be constructed in accordance with the typical section shown on the approved plans. 2.5 Surfacine Shall be constructed in accordance with the typical section shown on the approved plans. 3. UTILITIES 3.1 Sanitary Sewer Shall be constructed in accordance with the approved plans and specifications; and the 1990 Comprehensive Sewer Policy Plan adopted December 18, 1989. 3.2 Storm Sewer Storm sewer as well as all drainage ways and ponds shall be constructed in accordance with the approved plans and specifications and shall conform to the City of Plymouth Master Storm Drainage Plan adopted November 15, 1982, and the appropriate watershed district requirements where applicable. 3.3 Watermains Watermains shall be constructed in accordance with the approved plans and specifications and the 1990 Water Supply and Distribution Plan adopted August 6, 1990. (S32,000 will be reimbursed to the developer i the 18" trunk watermain along Vicksburg Lane is not installed by the City prior to the construction of utilities in the Autumn Hills Addition) 3.4 Private Utilities The developer shall be responsible for the installation of telephone, electrical and natural gas service. The required utilities shall not be installed until the boulevard or utility easements have been graded. All such utilities shall be installed underground. 7 - 4. MISCELLANEOUS 4.1 Street signs shall be required at each street intersection at the cost of the Developer. The City will furnish and install said signs and bill the Developer for said work. 4.2 The Developer shall furnish all Engineering services as outlined in the Manual of Engineering Guidelines, City of Plymouth Engineering Department. 4.3 Engineering services furnished by the City: The City will not exercise direct supervision and inspection of the work during the construction operations. The City Engineer or his representative will make periodic inspection of the work and will consult with the Developer's Engineer in regard to engineering problems concerning the work and observe all tests and conduct the final inspection as outlined in the "Manual of Engineering Guidelines, City of Plymouth Engineering Department. The Developer shall pay to the City Treasurer upon execution of this Contract *Fifteen Thousand Five Hundred Nine and 76/100 ---Dollars 15.509.76) to cover all City administration cost required in preparing and administering this Contract. * $775,488 x Z% _ $15.509.76 4.4 The Developer shall do all site grading, including building sites, common greenway and open space areas, ponds, and surface drainage ways, and all private streets in accordance with the approved grading, drainage and site plan. The plan shall indicate, by arrows, how the drainage will be directed on the site. The Developer shall submit an erosion and sediment control plan in accordance with the City Policy dealing with Erosion and Sediment Control, Resolution No. 92-170 or its latest revision. The Developer shall be responsible for maintaining this plan and to assure his compliance with said plan and to provide for the cleaning of storm sewer, ditches, ponds, etc., necessitated by erosion from said land development, the Developer's bond will include said maintenance costs as shown in Paragraph 8.1, Maintenance of Erosion and Sediment Control Plan. 4.5 All boulevards shall be sodded by September 1 , 19 94 . 5. Setting of Lot and Block Monuments The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. 8 - 6. Guarantee of Performance by Developer 6.1 In the event the Developer requires building permits prior to completion of all improvements as listed in Paragraph 8, he shall furnish a certified check, certificate of deposit, or irrevocable letter of credit in the amount of $775.488 as shown in Paragraph 8, or a surety bond in the amount of $1.163.232, which is 1502 of the cost requirement in Paragraph 8. 6.2 Reduction in cash escrow or surety bond guarantee may be granted upon written request by the Developer based upon the value of the completed improvements at the time of the requested reduction. The amount of the reduction will be submitted to the City Council for action. 6.3 The cash escrow or surety bond shall not be reduced to less than 20Z twenty percent) until all sewer, watermain, drainage systems and streets and other work covered by this contract are completed and approved by the City. 6.4 Prior to commencing any grading, a cash deposit in the amount of $1.000 and an irrevocable letter of credit in the amount of $35.000 as shown in Paragraph 8.1, shall be furnished by the developer. 7. Public Liability and Property Damage Insurance The Developer shall furnish the City of Plymouth Public Liability Insurance in the amount of One Hundred Thousand Dollars ($100,000) and Two Hundred Fifty Thousand Dollars ($250,000) and Property Damage Insurance in the amount of Five Thousand Dollars ($5,000) and Twenty-five Thousand Dollars ($25,000). These insurance policies shall accompany the contract for its execution by the Developer and the City of Plymouth. These insurance policies shall be in full force and effect during the life of this contract. 8. Estimated Cost Subdivision Development The following items shall be the responsibility of the Developer and shall be covered by an escrow guarantee (bond, cash, certificate of deposit, letter of credit, etc.) as specified: Mem ITEM Street Construction Sanitary Sewer System Watermain System Storm Sewer System Boulevard and Drainage Swale Sod Mitigation Pond Construction Street Signs (2 x 200) Park & Trail Improvements Site Grading & Drainage Imp.* Setting Iron Monuments SUB -TOTAL: Design, Admin., Insp., As-Builts 12z) TOTAL: 1) Public - City to own and/or maintain after development completed. 2) Private - Property owner and/or property owners' association to maintain after development completed. Letter of Cash Credit Total 8.1 Installation and Maintenance of Erosion and Sediment Control Plan, Street Sweeping and Storm Sewer Cleaning $ 1.000 $ 35.000 $ 36.000 Note: If a grading permit was issued and the financial guarantee released and/or expired, these monies may be used for required maintenance of the Erosion and Sediment Control Plan. Note: $32,000 for the 18" watermain along Vicksburg Lane is not included in the above amount, see Item 3.3, Page 7. 10 - ESTIMATED. C Public( 1) tOSTS Private Total 118.000 0- 118.000 126.500 0- 126.500 74.100** 0- 74.100 85.200 0- 85.200 0- 5.200 5.200 40.000 0- 40.000 400 0- 400 13.000 0- 13.000 0- 226.000 226.000 0- 4.000 4.000 457.200 235.200 692.400 54.864 28.224 83.088 512.064 263.424 775.488 1) Public - City to own and/or maintain after development completed. 2) Private - Property owner and/or property owners' association to maintain after development completed. Letter of Cash Credit Total 8.1 Installation and Maintenance of Erosion and Sediment Control Plan, Street Sweeping and Storm Sewer Cleaning $ 1.000 $ 35.000 $ 36.000 Note: If a grading permit was issued and the financial guarantee released and/or expired, these monies may be used for required maintenance of the Erosion and Sediment Control Plan. Note: $32,000 for the 18" watermain along Vicksburg Lane is not included in the above amount, see Item 3.3, Page 7. 10 - 8.2 The water and sanitary sewer area type assessments for this development are as follows: Watermain Area (Blocks 1 and 2) _ $29,709.94 Sanitary Sewer Area (Blocks 1 and 2) = 16.547.18 Total Assessment $46,257.12 Pending Assessment: Outlot A Water Area $27,424.56 Sewer Area 15.274.32 42,698.88 The Developer understands and agrees to these charges, and hereby waives his right to a public hearing with respect to them. The water and sanitary sewer Residential Equivalent Connection (RE:C) charges for the lots to be developed shall be computed at the time of connection to the municipal utility system. The Developer understands that the aforementioned REC charges shall be paid for each dwelling unit prior to the issuance of a building or plumbing permit for the dwelling unit. 9. Street Maintenance During Construction The Developer shall be responsible for all street maintenance until the streets are accepted by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when streets become impassable, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage. The developer shall be responsible for keeping streets within and without the subdivision swept clean of dirt and debris that may spill or wash onto the street from his operation. The developer may request, in writing, that the City keep the streets open during the winter months by plowing snow from said streets prior to final acceptance of said streets. The City shall not be responsible for reshaping said streets because of snow plowing operations, and if they are requested and providing snow plowing service, it does not constitute final acceptance of said streets. 9.1 The developer shall contract for street cleaning within and immediately adjacent to the development. A copy of this contract shall be approved by the City before grading is started. 10. Acceptance of Subdivision in Units The City of Plymouth will accept complete in units of one (1) block which have been completed in accordance with the provisions of this 10. Acceptance of Subdivision in Units (continued) contract. The Developer shall furnish a progress schedule for the construction of streets in the subdivision. Requests for acceptance of streets shall be made in writing by the Developer. The Developer shall furnish certificates of completion as outlined in Paragraph 11.1 herein for each unit completed, certifying that work has been completed in accordance with the terms of this contract, and shall also furnish mylar as -built" reproducibles for all phases of construction included in this contract. 11. Acceptance of Completed Subdivision 11.1 Prior to acceptance of the completed subdivision by City Council, it will be necessary to furnish the following affidavits: a. Contractor's Certificate b. Engineer's Certificate c. Land Surveyor's Certificate d. Developer's Certificate certifying that all construction has been completed in accordance with the terms of the contract. 11.2 All necessary forms will be furnished by the City of Plymouth. 11.3 Upon receipt of affidavits (Paragraph 11.1 above) and recommendation by the City Engineer that completed work be accepted, the City Council will be requested to accept the completed public improvements. Acceptance will be by formal Resolution of the City Council. 12. Plat Approval 12.1 Preliminary Plat was approved by Resolution No. 92-498 by the City Council on August 31. 1992 subject to Twelve (1 2) conditions. 12.2 Final Plat and Development Contract were approved by Resolution No. by the City Council on 13.0 Land Dedicated for Public Use Parks and Private Recreation Areas 13.1 Dedication of trail Outlots B and C and payment of park dedication fees - in -lieu of dedication in accordance with the Dedication Policy in effect at the time of filing the Final Plat with Hennepin County. 14.0 Other Requirements 14.1 Compliance with the City Engineer's memorandum. 14.2 No building permits shall be issued until a contract has been awarded for sewer and water. 14.3 No building permits shall be issued until the Final Plat has been filed and recorded at Hennepin County. 14.4 Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 12 - 14.5 Rezoning shall be finalized with filing of the Final Plat. 14.6 Minimum yard setbacks shall be 35 feet for the front yards; 15 feet and .15 feet for the side yards; and 25 feet for the rear yard. 14.7 Private drive access shall be limited to internal public roads and prohibited from Vicksburg Lane. 14.8 Outlot D shall be deeded to Hollydale Golf, Inc. prior to issuances of any building permits on any lots adjacent to Outlot D. 15. Tree Preservation 15.1 The Developer shall comply with those provisions of City Council Resolution No. 89-439 that apply. MW -M City of Plymouth E N G I N E E R' S M E M O to Planning Commission & City Council DATE: January 27, 1993 FILE NO.: 92060 PETITIONER: Mr. Michael Pflaum, Lundgren Bros. Construction, 935 E. Wayzata Blvd, Wayzata, MN 55391 FINAL PLAT: AUTUMN HILLS LOCATION: West of Vicksburg Lane, north of 36th Avenue in the southeast 1/4 of Section 8. N/A Yes No 1. X Have watermain area assessments been levied based on proposed use? 2. X Have sanitary sewer area assessments been levied based on proposed use? 3. X Will SAC and REC charges be payable at the time building permits are issued? These are in addition to the assessments shown in No. 1 and No.-2- Area o.2. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of final plat approval. 4. Area assessments: These are based on a total area of 36-161 acres which excludes wetlands Sanitary sewer area assessment Blocks 1 and 2 S16,547.18.Watermain area assessment Blocks 1 and 2 S29,709.94, Sanitary sewer area pending assessment Outlot A. S15,274,32, Watermain area Fending assessment Outlot A S27.424.56, 5. Other additional assessments estimated: None. LEGAL/EASEMENTS/PERMITS: 6. X Complies with standard utility/drainage easements? If "No" is marked, the City requires utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. a N/A Yes No 7. X Are all standard utility easements required for construction provided? The City requires twenty foot (20') utility and drainage easements where these utilities are proposed to be installed. This item has been reviewed with the final construction plans and if "No" is marked, the following changes are necessary: Additional easements 20 feet wide over Lots 3 and 4 Block 1 will be required for the sanitary sewer. 8. _ X Complies with ponding easement requirements? The City requires the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation in conformance with the City's comprehensive storm water drainage plan. If "No" is marked, the following changes are necessary: 9. X Have all existing unnecessary easements and rights-of-way been vacated? If "No" is marked it will be necessary to vacate the obsolete easements/right-of-way to facilitate the development. This is not an automatic process in conjunction with the platting process. It is the owner's responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. N/A Yes No 10. X Has the Owner's Duplicate Certificate of Title has been submitted to the City with this application? It will be necessary for the property owner to provide the city attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easement or vacation of unnecessary easement. If it is subsequently determined that the subject property is abstract property then this requirement does not aolv. 11. _ _ X Have all necessary permits for this project been obtained? The developer must comply with If "No" the following permits DNR Mn DOT Hennepin County X MPCA X State Health Department 2 the conditions within any permit. must be obtained by the developer: X Bassett Creek Minnehaha Creek Elm Creek Shingle Creek X Army Corps of Engineers Wetland Conservation Act of 1991 from City N/A Yes No E 12. X Conforms with the City's grid system for street names? If "No" is marked, the following changes will be necessary: 13. XX Acceleration/deceleration lanes provided? If "No" is marked, Acceleration/deceleration lanes are required at the intersection of Vicksburg Lane and 47th Avenue , Also a bypass lane shall be provided for northbound traffic on Vicksburg Lane. 14. _ X Are all existing street rights-of-way the required width? If "No" is marked, an additional feet of right-of-way will be required on N/A Yes No 15. _ X _ Will final plans be prepared by the Developer? If it is their desire to have the City construct these facilities as part of its Capital Improvements Program, a petition must be submitted to the City. The cutoff date for petitions is January 1 of the year in which the project is requested for construction, if the developer is paying 100X of the cost. 16. _ _ XX Do final utility and street plans submitted comply with all City requirements? If "No" is marked, the following are required for: Sanitary Sewer See Special Conditions Watermain See Special Conditions Storm Sewer SPP Special Conditions Street/Concrete Curb & Gutter See Special Conditions and Item 13 3 N/A Yes No 17. _ X Do the construction plans conform to the City's adopted Thoroughfare Guide Plan? If "No" is marked, the following revisions must be made to conform with the City's adopted Thoroughfare Guide Plan: 18. X Do the construction plans conform to the City's adopted Comprehensive Water Distribution Plan? If "No" is marked, the following revisions will be required: 19. X Do the construction plans conform to the City's adopted Comprehensive Sanitary Sewer Plan? If "No" is marked, the following revisions will be required: N/A Yes No 20. XX Is it necessary to contact Bob Fasching, the City's public utility foreman, at 550-74927 If "Yes" is marked 24 hours notice is required in advance of making any proposed utility connections to the City's sanitary sewer and water systems. All water connections shall be via wet tap. 21. _ X Is it necessary to contact Tom Vetsch, the City's Street Foreman, at 550-7493 for an excavating permit? If "Yes" is marked 24 hours notice is required before digging within the City right-of-way. 4 5 N/A Yes No 22. _ X Do the construction plans conform to the City's adopted Comprehensive Storm Drainage Plan? If "No" is marked, the following revisions are required: 23. _ X Does the Grading, Drainage, and Erosion Control Plan comply with the City's erosion control policy? If "No" is marked, the following revisions will be required: 24. X Have minimum basement elevations been established? If "No" is marked, they must be established for the following lots: The lowest floor elevation for Blocks 1 and 2 shall be two feet above the 100 year flood stage of the drainage ways flowing southerly through Block 2 to Weston Lane and southerly from 47th Avenue through Block 1. 25. A. The review of the street and utility plan is for Phase I only, Phase II will be reviewed with the next final plat. B. The lift station information for the sanitary is still under review. Additional comments will be forwarded to the developer's engineer. C. The sanitary sewer from the lift station to Manhole 24 must be insulated. D. A flood routing of the storm sewer, pond, and channel from CB15 to Pond No. 3 and the flows from Pond No. 1 are 5 CFS low should be 31 CFS, this checks with the 180 minute 100 year storm maximum outflow. The storm sewer from Weston Lane to Pond No. 3 should be designed for the additional 5 CFS flow. The sizing of the storm sewer shall be revised accordingly. E. The 100 year elevation for the drainage ways shall be shown on the grading plan. F. The proposed contours along Oxbow Ridge are not correct, they shall be revised accordingly. G. The ponds shall be over excavated to handle sediment. The ponds shall be cleaned during construction as necessary and at the time the last house is constructed they shall be restored to their plan depth and size. H. Outlet pipes for the ponds are not acceptable because of -maintenance problems. The plans must be revised and resubmitted for approval. I. Show percent of grade Weston Lane at Xene (3X maximum at intersection). 5 Doc. Format Rev. 2-4-92) J. Remove the 964.18 elevation at the lift station manhole. K. Note restoration of Vicksburg Lane (section) and that traffic must be maintained at all times. L. No access to Vicksburg Lane will be allowed for private driveways. M. Show proposed driveway grades for Lot 10, Block 1. Submitted by: Daniel L. Faulkner, P.E. City Engineer 6 Doc. Format Rev. 2-4-92) e I w i1 T1 IIF F as Al 7-I II:'II 3: m, c Ac elbt' MA rte Mai Grf i c-i APPROVED Preliminary Plat T.f- 92060 J amu= 8 i 4 DEVELOPMENT PLAN DEZIB / TOMSM SATNRE-BERGOUIST. INC. i p• a- I k' xe sou*.. enwow. • W.I IA YN. SSJ9.. .ss000 u; BFM CO"STRUCTKK MC. mwmwTH MME" CITY OF PLYMOUTH RESOLUTION 92- 498 APPROVING PRELIMINARY PLAT AND VARIANCES FROM SUBDIVISION CODE FOR MINIMUM REQUIRED LOT WIDTH FOR LUNDGREN BROS. CONSTRUCTION FOR PROPERTY LOCATED NORTHWEST OF 46TH AVENUE NORTH AND VICKSBURG LANE (92060) WHEREAS, Lundgren Bros. Construction has requested approval for a Preliminary Plat for 50 single family lots and Variance from the Subdivision Code for minimum required lot width located northwest of 46th Avenue North and Vicksburg Lane; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it hereby does approve the request by Lundgren Bros. Construction for a Preliminary Plat for 50 single family lots and Variance from the Subdivision Code for minimum required lot width located northwest of 46th Avenue North and Vicksburg Lane, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum, except items 25 F. and 25 L. 2. No building permits shall be issued until a contract has been awarded for sewer and water within the subdivision. 3. Dedication of trail outiots and payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of filing the Final Plat. 4. Street names shall comply with the City Street Naming System. 5. Compliance with Policy Resolution 79-80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 6. No building permits shall be issued until the Final Plat is filed and recorded with Hennepin County. 7. Incorporation of tree protection provisions in the Final Plat and Development Contract approval. 8. No Final Plat application shall be accepted until the public sewer to serve this parcel is under construction to the border of the site. Resolution No. 92-498 Page Two, File 92060 9. A Subdivision Ordinance Variance is hereby approved for a lot width of 35 feet for Lot 34, Block 1; 80 feet for Lot 35, Block 1; and, 42 feet for Lot 10, Block 2. 10. A Subdivision Ordinance Variance is hereby approved for an 1,100 foot cul-de-sac based on the findings that the request meets the variance criteria. 11. The Final Plat submission shall include a 10 foot trail outlot parallel to Vicksburg Lane and a Trail Plan that shows the placement of the public trail. 12. Outlot A shall be deeded to Hollydale Golf, Inc. prior to issuance of any building permits on any lots adjacent to Outlot A. Adopted by the City Council on August 31, 1992. res/cc/92060-pp) 8-C MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: February 4, 1993, for Council Meeting of February 8 TO: Dwight Johnson, City Manager / FROM: Eric J. Blank, Director of Parks and Recreation SUBJECT: SELECTION OF CONSULTANT TO PREPARE PARK AND RECREATION SURVEY The Park and Recreation Advisory Commission's subcommittee dealing with this issue is meeting on Thursday, February 4, at 4:15, to review the proposals. Their recommendation for the selection of a consultant will be ready for delivery to the City Council on Friday, February 5. EB/np dw XEIKNIO CM OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447 DATE: February 4, 1993 TO: Mayor & City Council FROM: Dwight D. Johnson, City Manager SUBJECT: STUDY SESSION MEETING TOPICS Attached is a list of pending Study Session Meeting topics for your review. attachment 2/4/93 1993 STUDY SESSION MEETING TOPICS TOPIC PENDING MEETING DATE 1. Joint meetings with: District 279 March 1. Confirmed 5:30 - 6:30 p.m. County Commissioners March 8. Confirmed 5:00 P.M. 2. Review City Council Policy Manual sections February 22 which may need updating. 3. Discuss whether the results of the Sumek March 15. study are to be implemented after receiving fire department input through Public Safety Director and new Fire Chief. 8/3/92. Poll other communities. 4. City Attorney services. March 15. 5. Discuss next step to establish Human Rights March 22. Commission. Research other cities and provide report on progress. 6. Discuss process associated with various March 29. planning applications (Woodpointe Estates). 7. Automobile and Vacation Policy March 29. 8. Conduct interviews for Planning Commission February 15. Ward 4 vacancy and three Financial Advisory Committee vacancies.