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HomeMy WebLinkAboutCity Council Packet 08-19-1991CITY OF PLYMOUTH AGENDA REGULAR COUNCIL MEETING AUGUST 19, 1991 CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine by the city council 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 on the agenda. 1. CALL TO ORDER 2. INVOCATION 3. ROLL CALL 4. PRESENTATIONS FORUM 6:30 P.M. 7:00 P.M. A. Proposed Plymouth Amphitheater - Plymouth Civic League 5. CONSENT AGENDA 6. MINUTES 7. PETITIONS, REQUESTS AND COMMUNICATIONS A. Final Payment for work performed at Scattered Site House at 1530 Glacier Lane North B. Release of Site Improvement Performance Agreement for Vicksburg Apartments located at the northeast corner of County Road 9 and Vicksburg Lane (87131) C. Zoning Ordinance Amendment regarding Limited Retail Activity as a Secondary or Incidental Use in the I -1 (Planned Industrial) District D. Award of Bids: 1. Plymouth Business Center 5th Addition, Project 715 2. 1991 Bond Sale 3. 1991 Trail Improvement Projects E. Disbursements for period ending July 31, 1991 F. Resolution declaring costs to be assessed and ordering public hearing on 1991 delinquent utility, annual street lighting, and recycling assessments G. Public Safety Building Project - Approve Design Development Drawings, Authorize Preparation of Final Plans and Specifications H. City Center Space Needs Report I. Adopt proposed preliminary 1992 budget, proposed 1992 tax levy, and set public hearing date(s) for 1992 budget and property tax levy J. Development Contract Bond Reductions: 1. Bass Lake Terrace Addition (90050) 2. Gleason Lake School Addition 88036) 3. St. Mary's Addition (85119) 4. Tyrell Sixth Addition (87105) 5. Tyrell Eighth Addition (88136) 6. Tyrell Nineth Addition (89015) 7. Curtis Lake Addition (90105) K. Revise award of contract for utility construction in Prime West Business Park, Project No. 111 L. Approve Change Order No. 4, County Road 9 /County Road 101 trunk watermain, Project No. 012 M. Receive petitions and set public hearings on vacations: 1. 10th Avenue in Glen Grove Acres 3rd Addition 2. Utility and drainage easements in proposed Fernbrook Townhouses Addition N. Receive petition, order and accept report, and order street lighting improvements in Parkers Lane North 6th Addition 0. Approve Change Order No. 1, Public Works Building expansion, Project 009 P. Fire Station No. I, Project 825: 1. Approve Change Order No. 4 2. Approve Payment No. 8 and Final Q. Application of Northern Disposal Inc., for a gargage hauler license R. Application of Gateway Foods, Inc., 4190 Vinewood Lane, for a cigarette license S. Review proposed Uniform Consulting Agreement for professional engineering services T. Review method of selecting consulting engineers for consideration for various public projects 8. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS A. Ordinance revisions for false fire alarm reduction program B. Ordinance revisions on reducing deer population C. Designate Task Force to review City standards on enclosure of trash containers D. Status of Council Directives E. Capital Improvement and Project Status Reports F. CCR Reports G. City Council Information Memorandum 9. ADJOURNMENT CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 A DATE: August 15, 1991 for Council Meeting of August 19, 1991 TO: Mayor & City Council FROM: James G. Willis, City Manager SUBJECT: PLYMOUTH AMPHITHEATER - PLYMOUTH CIVIC LEAGUE ACTION REQUESTED: Review the attached request and proposal from the Plymouth Civic League and provide staff with appropriate direction. BACKGROUND: The Council previously reviewed Eric Blank's memo on the construction of a new amphitheater to replace the facility being used as the Public Safety building site. The Council declined to authorize the project due primarily to cost considerations. Some members of the Board of Directors of the Plymouth Civic League have sought out various interested Plymouth businesses and obtained commitment from them to assist in underwriting the cost of the project largely through the donation of services and equipment. The City's direct cost involvement and effort would be minimal. I believe this provides the City with an opportunity to obtain a new facility at essentially no cost. It provides a "win -win" opportunity for both the community and the Plymouth Civic League. RECOMMENDATION: I recommend the Council's acceptance of the proposal as outlined in Mr. McComb's letter of August 13, 1991. attachment 0 August 13 1991 The PIMOUth We heaQue 3400 Plymouth Boulevard Plymouth. Minnesota 55447 Mayor Kim M. Bergman and City Council Members 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Mayor and Council: On behalf of the Plymouth Civic League, I would like to request that you reconsider the development of an amphitheater on the northeast corner of Plymouth Creek park at the intersection of 37th Avenue and Plymouth Boulevard. In order to offset the cost of the development, as suggested by the City's consultant, the Civic League has secured the donation of the following items: 1. McCombs - Frank -Roos will do all of the site surveying for the amphitheater at no charge. 2. NSP will donate the pad mounted transformer that is needed at no charge. 3. Weaver Electric will provide any electrical hookups that are needed at a reduced cost, which the Civic League will pay. 4. Vern Peterson will donate his caterpillar to do the site grading with the Civic League paying the operating expenses such as gas and oil. This only leaves the issue of seeding, which we have not been able to secure at this time. It is our understanding that the City owns a seeder and it would be our intention to attempt to secure the donation of seed for this project. If we are unable to secure the donation of seed, we would request the City Council consider funding this item. Mark Peterson estimates the seed to cost approximately $1,500. In order that this work can proceed promptly, it is necessary to secure a watershed permit which will take approximately two weeks. We will have to act promptly if the Council is in concurrence with this proposal to secure the necessary permits, get the site grading done yet this fall and seeded. We anticipate that the electrical work would be accomplished early next spring. We look forward to discussing this proposal with you next Monday evening. We believe it provides the opportunity for the community to obtain a replacement for the current amphitheater at essentially no cost. Thank you for your consideration of this item. Sincerely, Skip McCombs Board of Directors MEMO $ __ CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: July 18, 1991, for City Council Meeting of July 22 TO: James G. Willis, City Manager FROM: Eric J. Blank, Director of Parks and Recreation SUBJECT: FEASIBILITY REPORT FOR AMPHITHEATER At City Council direction, we have looked at the inventory of public land to determine if there is an adequate site to relocate the amphitheater. The existing amphitheater location will be the new home of the public safety building. See attached concept plan. We were able to identify three possible locations within Plymouth Creek park, which are shown on the attached preliminary concept plan. Site A is located along 34th Avenue, where the proposed tennis center is planned, Site B is the wooded area immediately north of the City Center, and Site C is the property at the corner of Plymouth Boulevard and 38th Avenue. Upon further review, we ruled out Site A, because it lacks parking and good ingress and egress for large crowds. We also ruled out Site B, because it would require the removal of a large number of trees. Site C appears to meet the needs of the Music in Plymouth program, in that it will have an east sloping downhill grade, requires very minimal tree removal, would have good public access via Plymouth Boulevard, and would also allow for adequate parking in the downtown Plymouth area. Brauer and Associates has prepared a cost estimate for this work at approximately $33,300. Three sources of funding that may be available for this project are park dedication, general fund surplus, or the PIR fund. If the Council wants us to proceed with this project, it would be necessary to begin work immediately, so that we can have the area seeded by the end of August. If the Council does not believe it is appropriate to proceed with the reconstruction of an amphitheater, they should notify the Civic League, so they can begin to look at private property, perhaps in some industrial area that would be adequate to hold the event in 1992. For any site that is selected, a major concern will be providing electricity for both the musical performance groups and for the concession operations. RECOMMENDATION: City Council should provide staff with direction on whether or not they wish to proceed with relocating the amphitheater on public ground, or whether direction should be given to the Civic League to look at private property as an alternative for 1992's Music in Plymouth event. EB /np attachment July 17, 1991 Plymouth Creek Park - Amphitheater City of Plymouth Prepared by: ' Brauer and Associates, Ltd. Job # 91 -28 Preliminary Sketch Concept Cost Estimate Item Description Quantity, Unit UnIt Price Total 1. Common Excavation 2000 CY 4.00 8,000.00 2. Topsoil Removal 2500 CY 4.00 10,000.00 3. Seed 2 AC 2000.00 4,000.00 4. Load Centers LS 5,500.00 5. Electrical Service LS 1,800.00 Subtotal $29,300.00 Contingency & Engineering $ 4,000.00 Total $33,300.00 prelim.es2 WWI at 0 U-T L Ulli, W*.,$0 Pt In 9 s . no We rn rn rn r! M MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 8, 1991 For City Council Meeting of August 19, 1991 TO: James G. Willis, City Manager FROM: Building Official Joe Ryan through Community Development Director Blair Tremere SUBJECT: FINAL PAYMENT FOR CONSTRUCTION OF HOUSE BUILD FOR THE SCATTERED SITE HOUSING PROGRAM ON GLACIER LANE NORTH ACTION REQUESTED: Adopt the attached resolution providing authorization for the City Council to approve final payment of work. BACKGROUND: The City Council authorized funds for the construction of this house on land which was acquired and platted using Federal Community Development Block Grant funds (which cannot be used to build the house). The City will be repaid when the house is sold; I understand that is expected to occur in the near future. Attached are copies of an application and certificate for payment and a completion certificate signed by the contractor, Great West Homes, for final payment of work. City Building Official Joe Ryan, has reviewed these requests and finds them to be appropriate. He has also granted final inspection approval of the work which was found to be in conformance with the provisions of the State Building Code and the City Contract. CONCLUSIONS AND RECOMMENDATIONS: I hereby recommend adoption of the attached resolution providing for the City Council to authorize final payment to the contractor, Great West Homes, for the construction of the single family dwelling. ATTACHMENTS: 1. Resolution 2. Application and Certificate for Payment 3. Completion Certificate cc /jr /glacier:jw) F1 CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION 91- APPROVING FINAL PAYMENT FOR GLACIER MEADOWS 2ND ADDITION SCATTERED SITE HOUSE WHEREAS, the City of Plymouth as owner and Great West Homes, as contractor, have entered into an agreement dated December 10, 1990 for the construction of a single family home located in Glacier Meadows 2nd Addition; and, WHEREAS, the Building Official has certified acceptance of the work and has recommended approval of the request for final payment; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. That the original contract amount was $80,636; change orders were approved in the amount of $3,383 and the value of the work to -date is 84,019 which is herewith approved. 2. That the work performed by the contractor for the construction of the single family dwelling and certified to the City Council by the Building Official is acceptable, being the same, as hereby released from the contract except as to any and all legal rights of the owner, required guarantees and correction of faulty work after final payment. 3. Request for final payment in the amount of $9,518.75 to Great West Homes, Inc. for the construction of a single family home in Glacier Meadows 2nd Addition is hereby approved and the City Finance Director is hereby authorized and directed to pay the same forthwith. 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D Coco T T ZE ZC- rCv l r J, tj o N s D r) 1 Aj r o co- CN =O 1' a DC—> a o p a o O N (7 0) n 1 w n D Zz t m T y C n C 3 c7 n O Un T J v• a' rD 0 7 3 3 G O C c > Cu c .3 O O i aN n u U ` U I S E n nm S T T n m Q T G D c 3 Z U_ oj' D n D m r v n Q m Z E2 O Z r) Z > mOOmT O q Z C O Z V) Z rn rm C) n c n Z y n w n c v c f. J I CITY OF PLYMOUTH SCATTERED SITE HOMEOWNERSHIP PROGRAM COMPLETION CERTIFICATE t Auay WEES,.d Gar -r Ue!Sr I MMES 1 530 c pso rq A contractor address of construction work 52,5 p Na.u- D to 1p v.,ake, MN. SS3 Co Plymouth, MN 554 add s CONTRACTOR: Payment will not be processed without an itemized bill. The undersigned Contractor hereby certifies that the improvements specified by the Work Contract pertaining to the above address of construction work have been completed in their entirety and in accordance with the agreement between the undersigned and the City of Plymouth relating thereto, and that all work performed by the undersigned is subject to and in conformity with the Contractor's Warranty set forth in said Work Contract. 8-6 -0 , $ °I , S I 5` date completed amount INSPECTOR: The undersigned Inspector hereby certifies that the contractor listed above has completed the work for the construction per applicable codes. signatu a in pector da e inspected CITY OF PLYMOUTH: The undersigned hereby certifies that the contractor listed above has completed the work for the improvements, in full compliance with the terms of the Work Contract evidencing the agreement between the undersigned and said contractor. The undersigned further hereby authorizes the City to disburse the funds directly to the contractor. I signature of authorized City representative date hra /comp.cert) MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: July 23, 1991 For City Council Meeting of August 5, 1991 TO: James G. Willis, City Manager FROM: Associate Planner John KeJ through Community Development Director Blair Tremere SUBJECT: WELSH CONSTRUCTION. RELEASE OF SITE PERFORMANCE GUARANTEE FOR VICKSBURG APARTMENTS (87131). ACTION REQUESTED: Adopt the attached resolution authorizing the release of the Site Performance Guarantee for Vicksburg Apartments located at 15700 County Road 9. PRIMARY ISSUES AND ANALYSIS: The developer has requested release of the financial guarantee covering landscaping improvements, stating that all landscaping improvements have been completed. Planning staff inspected the site and found all landscaping has survived one winter season. RECOMMENDATIONS AND CONCLUSIONS: I recommend adoption of the attached resolution authorizing release of the financial guarantee for Vicksburg Apartments. Attachments: 1. Draft Resolution 2. Location Map 3. Resolution 90 -109 4. Resolution 88 -188 cc /jk/87131) CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION 91- AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR WELSH CONSTRUCTION 87131) WHEREAS, a Site Plan for Vicksburg Apartments was approved under City Council Resolution 88 -188; and, WHEREAS, the developer submitted the required Site Performance Guarantee in the form of a two letters of credit in the amount of $288,090 and $145,000; and, WHEREAS, the City Council, under resolution 90 -109, authorized the reduction in letter of credit number 73308 to $106,990 and letter of credit number 73309 covering landscaping improvements) to $108,750; and, WHEREAS, the City Council, under Resolution 90 -671, authorized the release of Letter of Credit #73308 in the amount of $106,990; and, WHEREAS, upon notice from the developer, City staff has inspected said site and recommends release of the financial guarantee; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does authorize the release of the letter of credit number 73309 in the amount of $108,750, which was submitted to guarantee site improvements for Vicksburg Apartments. The motion for adoption of the foregoing Resolution was duly seconded by , and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained Whereupon the Resolution was declared duly passed and adopted. V... r i , N ' C,.. _ p 4. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meetinq of the City Council of the City of Plymouth, Minnesota, was held on the 8th day of February , 19 90 The following members were present: Mayor Bergman, Councilmembers Helliwell, Ricker, Vasiliou, and Zitur The following members were absent: None Councilmember Ricker introduced the following Resolution and moved its adoption: RESOLUTION 90-109 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEES FOR WELSH CONSTRUCTION FOR VICKSBURG APARTMENTS (87131) WHEREAS, a Site Plan for Welsh Construction for Vicksburg Apartments located north of Plymouth Boulevard and Rockford Road was approved under City Council Resolution 88 -188; and, WHEREAS, the developer submitted the required Site Performance Guarantee in the form of two letters of credit in the amounts of $288,090 and $145,000; and, WHEREAS, upon notice from the developer, City staff has inspected said site and recommends reduction of the financial guarantees; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does authorize the reduction of Letter of Credit #73308 in the amount of $288,090 and Letter of Credit #73309 in the amount of $145,000 which were submitted to guarantee site improvements for Welsh Construction for Vicksburg Apartments located north of Plymouth Boulevard and Rockford Road to $106,990 and $108,750 respectively. FURTHER, that said reductions are on the condition that stop signs be installed consistent with the approved site plan at driveway access points to Rockford Road and Vicksburg Lane. The motion for adoption of the foregoing Resolution was duly seconded by Councilmember Zitur , and upon vote being taken thereon, the following voted in favor thereof: Mayor Bergman, Councilmembers HP11iWP11_ Ricker. Vasiliou. and Zitur__ The following voted against or abstained None Whereupon the Resolution was declared duly passed and adopted. i N,+ L' 4 CITY OF PLYMOUTH s. Pursu4nt to aue call and notice thereof, a regular meeting of the City Council of the City of;;Plymouth,- Minnesota, was held on the 21st day of March , 1988. he following ambers were present: Mayor Schneider,Twnclimembers a Tf-ou Ricc er, 1 ,'; Zitur and Sisk e o ow ng ers were absent: Non e Councilmeember Sisk introduced tF following Resolution and moved its a pt on: RESOLUTION NO. 88 -188 APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT COF:EPT PLAN, PRELIMINARY PLAN /PLAT, FINAL PLAN AND CONDITIONAL USE PERMIT FOR MARK R,kVICH, VICKSBURG APARTMENT COMPANY RPUD 88 -01) (87131) i. WHEREAS, Mark Ravich, Vicksburg Apartment Company has requested approval for Rezoning, Residential Planned Unit Development Concept Plan, Preliminary Plan /Plat, Final Plan/ Plat and Conditional Use Permit for approximately 16.7 acres for one lot to include 334 apartment un!ts northeast of Vicksburg Lane and New County Road 9; and, WHEREAS, the Platining Commission has reviewed the request at a duly called Public Hear - ing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF T11E CITY OF PLYMOUTH, MIN - NESOTA, that it should and hereby does approve the Residen *tal Planned Unit Development Concept Plan, Preliminary Plan /Plat, Final Plan, and Conditional Use Permit for Mark Ravich, Vicksburg Apartment Company, for Vicksburg Addition located northeast of Vicks- burg Lane and New County Road 9, 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 tees -in -lieu of dedication in accordance with the Dedi- cation Policy in effect at the time of at issuance of Building Permit. 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. 6. Submission of required financial guarantee and Site Performance Agreement for K completion of site improvements; the agreement shall assure that all private recreational amenities on the site shall be completed according to the approve( plan and that an "As- Built" survey showing those amenities shall be filed with th( City. r' 7. Any signage shall ba in compliance with the Ordinance. PLEASE SEE PAGE TWO Y. s MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 14, 1991 For City Council Meeting of August 19, 1991 TO: James G. Willis, City Manager FROM: Community Development Coordinator Charl s ill ud through Community Development Director Blair Trem SUBJECT: Zoning Ordinance Amendment regarding limited retail activity as a secondary or incidental use in the I -1 (Planned Industrial) District. ACTION REQUESTED: Adopt the attached ordinance providing for an Amendment to the Zoning Ordinance to allow limited retail activities in the I -1 (Planned Industrial) Zoning District by Conditional Use Permit, as recommended by the Planning Commission. Any amendment to the Zoning Ordinance requires a 4/5's vote of the City Council. BACKGROUND: At its meeting June 26, 1991 the Planning Commission unanimously adopted a recommendation to amend the Zoning Ordinance with regard to allow retail sales in the I -1 Zoning District on a limited basis by Conditional use Permit. ISSUES AND ANALYSIS: The proposed amendment was initiated by staff in response to several occurrences recently where retail activities were proposed in the I -1 Zoning District for firms that were predominantly industrial in nature. Proposed were sales to the general public where such sales would be clearly secondary, incidental, and related to the principal use. The ordinance amendment will allow such use only by Conditional Use Permit and the ordinance would provide the applicant must demonstrate compatibility see next page) Page Two Zoning Ord. of the use with the I -1 District, and would permit the City to attach conditions related to percentage of floor area or sales volume that may be so used, and provide for periodic reporting with respect to the extent of the retail use. CONCLUSIONS AND RECOMMENDATIONS: I recommend adoption of the attached Ordinance for the Amendment of the Zoning Ordinance to allow, by Conditional Use Permit, limited retail sales directly related a principal use in the I -1 Zoning District, as recommended by the Planning Commission. ATTACHMENTS: 1. Ordinance to Amend the Zoning Ordinance Regarding Retail Sales in the I- 1 (Planned Industrial) Zoning District 2. Planning Commission Minutes of June 26, 1991 3. Staff Analysis of the Zoning Ordinance Amendment cc /cd /zon.ord.amen:dh) r I CITY OF PLYMOUTH ORDINANCE NO. 91 AN ORDINANCE AMENDING PORTIONS OF THE ORDINANCE 80 -9 ADOPTED JUNE 16, 1980, AS AMENDED, AND KNOWN AS THE PLYMOUTH ZONING ORDINANCE, RELATIVE TO LIMITED RETAIL ACTIVITY AS A SECONDARY OR INCIDENTAL USE IN THE I -1 (PLANNED INDUSTRIAL) DISTRICT THE CITY COUNCIL OF THE CITY OF PLYMOUTH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 8, Subdivision D.2 is hereby amended as follows: Limited retail sales which are clearly secondary and incidental and demonstrably related to the principal allowed use. The property owner must demonstrate how the site will support the proposed retail activity in terms of the minimum parking required by the ordinance for the retail activity in addition to the allowed principal use or uses of the property. The City may establish a maximum percentage of floor area or sales volume and periodic reporting thereof as a reasonable control measure to ensure the retail activity is secondary and incidental to the allowed Drincipal nonretail use. Section 2. Effective Date. This ordinance shall take effect upon its passage and publication. Adopted by the City Council this 19th day of August 199. ATTEST City Clerk SIB Material - - indicates deleted text Underscore - indicates new text Mayor cc /I- l.retail /8- 19:jw) Planning Commission Minutes June 26, 1991 Page 121 MOTION by Commissioner Beckers, seconded by Commissioner Stimson to recommend approval of the request by Len Busch Roses for a Site Plan approval for construction of a landscape screening berm parallel to Medina Road subject to the conditions recommended in the staff report of June 11, 1991. Roll Call Vote. 7 Ayes. MOTION carried unanimously. MOTION TO APPROVE VOTE - MOTION CARRIED Chairman Plufka introduced the continuation of the Public ZONING ORDINANCE Hearing by the City of Plymouth regarding the Zoning AMENDMENT REGARDING Ordinance Amendment for retail uses as a conditional use RETAIL USE IN I -1 in the I -1 District deferred from the June 12, 1991 DISTRICT Planning Commission Meeting. Director Tremere stated that this amendment to the Zoning Ordinance was initiated because of a request by Fireside Corners. This application was withdrawn by the applicant but Director Tremere stated that there have been other inquiries regarding this subject. MOTION by Chairman Plufka, seconded by Commissioner MOTION TO APPROVE Stulberg to approve the request by the City of Plymouth for amendment to the Zoning Ordinance for retail uses as a conditional use in the I -1 District. Commissioner Stulberg stated that the retail /commercial usage is changing. He gave the example that a Hallmark Card shop would not be appropriate in the I -1 District, but that a business that printed the cards would be. Commissioner Zylla asked if the retail use in the I -1 District could be an accessory use rather than a conditional use. Director Tremere responded that it is possible to control a conditional use with the Conditional Use Permit. This is adviseable since the approval of a conditional use rides with the land as long as the use is in compliance with the conditions set forth in the approving resolution. Roll Call Vote. 7 Ayes. MOTION carried. VOTE - MOTION CARRIED Director Tremere discussed the status of the Comprehensive COMPREHENSIVE PLAN Plan that was submitted to the Metropolitan Council in UPDATE December, 1989. He stated that the City is continuing to work with their consultant on the Traffic Demand Management (TDM) Plan which was requested by the Metropolitan Council because of the impact new development will have on I -494 and State Highways 55 and 169. Director Tremere suggested that several subcommittees be PLANNED UNIT DEVELOP - formed to discuss the topics of Official Controls, which MENT STANDARDS is part of the Comprehensive Plan; and, a committee to discuss Planned Unit Development Standards. N 5 =Z DRAFT AMENDMENT NO. 2 HEARING DATE: June 12, 1991 DESCRIPTION: Amend Ordinance to provide for limited retail activity as secondary or incidental conditional use in the I -1 (Planned Industrial) District. SECTIONS INVOLVED: Section 8, Subdivision D. 2. EXPLANATION /PURPOSE: The Industrial District by design does not permit traditional commercial or retail uses. The ordinance does allow some retail and service establishements as conditional uses subject to the tests that the retail or service establishment is "essential to the operation of the district" and that the retail or service establishment "provides goods and services which are primarily for the use of persons employed in the district". The ordinance also provides for freestanding office buildings for uses that are found to be generally compatible with the Industrial District ". The ordinance provides for "secondary uses customarily incident to the permitted or conditional uses allowed" in the three business districts as accessory uses which means a principal permitted or conditional use must be established. The key word in this provision is "customarily." The Planned Industrial District also provides for accessory uses, but the provision is much more limiting and was last reviewed in 1987. It reads as follows: All secondary uses customarily incident to the permitted or conditional uses listed including but not limited to the following in approved multi - tenant buildings: over - the - counter printing, duplicating and photocopying services; secretarial and word processing services; and telephone answering services. The purpose and intent of the Industrial District is stated in the Ordinance see attached page). It is clear, all things considered, that the City planned for and has strived to implement a Planned Industrial District that is not in competition with the plan in established commercial districts. We periodically are confronted with uses that clearly belong in the I -1 Planned Industrial) District as a principal use but which may have certain features which are not clearly within the intent of the Industrial District. Specifically, we have dealt with a firm that provides repair and manufacturing for electronic sound systems for automobiles but which also has a showroom where periodic retail sales can be made. The retail activity was allowed by conditional use permit subject to a number of conditions and has not been problematical. A baking company distribution center was authorized a conditional use permit to have a "day old" bread store which retailed returned bread products to the public, and this has not been a problem. Recently a brick /fireplace distributor has proposed to locate in the Industrial District and indicated that they feature a showroom whereby the public could view and select merchandise for purchase on a retail basis although the company's business principally is not retail to the public. The Planning staff has concluded that it would be appropriate to consider an amendment to the I -1 District standards which would allow for a limited amount of retail activity as a conditional use, not an accessory use. That would require that a proposed retail activity would be subject to a Public Hearing and review by the Planning Commission and City Council and that reasonable conditions could be established for such activities on an individual basis. The key to this suggestion is that the retail uses would not be freestanding or principal but rather would be clearly secondary and incidental as well as related to the principal use. The tests of how essential the use is to whether the activity is primarily for the district would not be required. CONCLUSIONS /RECOMMENDATIONS: the operation of the district and use of persons employed in the It is appropriate for the Commission to consider this in the context that there appear to be a number of Industrial principal uses that have periodic retail sales functions but which cannot satisfy the tests of the ordinance for retail establishments. It is possible to provide for a limited amount of incidental retail activity by conditional use permit whereby each proposed use would be subject to review by the Planning Commission and City Council and whereby reasonable conditions can be applied to ensure the secondary and incidental nature of the activity. I recommend the Commission recommend the adoption of the following amendment to Section 8, Subdivision D.2: Limited retail sales which are clearly secondary and incidental and demonstrably related to the principal allowed use. The property owner must demonstrate how the site will support the proposed retail activity in terms of the minimum parking required by the ordinance for the retail activity in addition to the allowed principal use or uses of the property. The City may establish a maximum percentage of floor area or sales volume and periodic reporting thereof as a reasonable control measure to ensure the retail activity is secondary and incidental to the allowed principal nonretail use. Underscore - indicates new text S+eeu.- - indicates deleted text pc /bt.zo.2 /6 -12) PLYMOUTH ZONING ORDINANCE Section 8, Subdivision C SUBDIVISION C - PURPOSE AND INTENT: INDUSTRIAL DISTRICTS 1. The Planned Industrial District is established to accomplish the general purpose of the Ordinance and the Comprehensive Plan and for the following r specific reasons: C a. Develop major centers or complexes in separate areas to allow for distribution of peak period traffic, efficient access, effective distribution of primary water and sewage facilities and property utilization of land suited for industrial development. b. Prevent expansion of scattered industrial operations. c. Allow mining and extraction operations by conditional use permits to assure planning for maintenance of the land for subsequent use. d. Limit most industrial uses to planned industrial parks where uniform performance standards and land use regulations can be applied. j e. Protect industrial areas from encroachment by non - industrial use. L f. Allow a limited amount of Service /Business uses, by conditional use permit, which are either essential to or compatible with the operation of the Planned Industrial District or which provide essential services to employees within the District. (Amend. Ord. 89 -17) 2. The I -1 PLANNED INDUSTRIAL DISTRICT is intended to allow for industrial operations with high standards for site development and use performance. Permitted and conditional uses shall be compatible with the character of development in proximate areas. The development types and locational criteria of the I -1 District shall be as set forth in the Comprehensive Plan. a i PLYMOUTH ZONING ORDINANCE Section 8, Subdivision D SUBDIVISION D - ALLOWABLE USES: INDUSTRIAL DISTRICTS Within an I -1 PLANNED INDUSTRIAL DISTRICT, no building or land shall be used except for one or more of the following uses, providing they comply with the performance standards set forth in Subdivision G of this Section. 1. PERMITTED USES a. Any manufacturing, production, processing, cleaning, storage, servicing, repair or testing of materials, goods or products that is wholly contained within a building and which meets and maintains all environmental standards established by the State of Minnesota Pollution Control Agency. (Amend. 89 -36) b. Municipal and other public agency administrative and service buildings, including public works maintenance facilities, post offices, fire stations, and the like which are compatible with other allowed uses is the district. (Ord. 89 -36) c. Essential services. (Ord. 89 -36) 2. CONDITIONAL USES a. Any permitted or accessory industrial use not conducted within a building including, but not limited to, outside storage as defined by this ordinance. (Amended Ord. 91 -14) E b. Retail and service establishments essential to the operation of this district and providing goods and services which are primarily for the use of persons employed in the district; any such commercial use allowed under this Section shall be subject to all requirements of this Ordinance and the City Code applicable to such commercial use. Amended Ord. No. 82 -08) c. Free standing office buildings for corporate, administrative, executive, professional, research, sales representatives offices, or similar organization, and generally compatible with the industrial district; any such commercial use allowed under this Section shall be subject to all requirements of this Ordinance and the City Code applicable to such commercial use. (Amended Ord. No. 82 -08 and 86 -26) d. Industrial Buildings including single tenant /occupant and multi- tenant /occupant buildings, allowed by this Section, which contain office uses which occupy more than 50% of the gross floor area of the building and are found to be generally compatible with the Industrial District. Any such commercial use allowed under this Section shall be subject to all requirements of this Ordinance and the City Code applicable to such commercial use. (Amended Ord. No. 86 -26) e. Residential structures and related residential uses necessary for security and safety reasons in relation to a principal use. f. Planned Unit Development (P.U.D.) as regulated in Section 9. U PLYMOUTH ZONING ORDINANCE Section 8, Subdivision D g. Waste Facilities as regulated in Section 9. (Amended Ord. 87 -31) h. Participative athletic uses as defined by this Ordinance where the property owner has demonstrated how the site will support at least the minimum parking required by Ordinance for the proposed use during the hours of operation of the proposed use; and where the proposed use is found to be consistent with the conditional use permit standards set forth in Section 9. (Amended Ord. 89 -17) i. Essential service buildings. (Ord. 89 -36) j. Community Correctional Facilities as regulated in Section 9. (Ord. 89- 38) k. Adult Correctional Facility as regulated in Section 9. (Ord. 89 -38) 3. ACCESSORY USES a. All secondary uses customarily incident to the permitted or conditional uses listed including but not limited to the following in approved multi - tenant buildings: over - the - counter printing, duplicating, and photocopying services; secretarial and word processing services; and telephone answering services. (Ord. 87 -16) b. Off- street parking and loading as herein regulated. c. Signs as herein regulated d. Outside, above - ground storage facilities for gaseous, non - liquid fuels used for heating purposes, or for dispensing purposes clearly incidental to the approved principal use and not for sale, as regulated in Section 10. (Amended Ord. No. 82 -15). e. Temporary retail activities directed at the general public may be allowed as an accessory use subject to issuance of an administrative permit and subject to the requirements of this paragraph. For purposes of this paragraph "Retail Activities" shall include temporary, short -term warehouse sales, inventory reduction or liquidation sales, distressed merchandise sales, and product promotion events including displays, introductions, expositions, and swap meets related to the products and /or services of the established tenant or owner, and conducted on the premises of permitted and conditional uses in this District; but shall not include sales events which are regularly scheduled or seasonal in nature. (Amended Ord. 82 -29 and Ord. 86 -07) 1) Application and Fee. a) Application for a temporary retail activity shall be made to the Zoning Administrator on forms to be provided by the City at least thirty (30) calendar days prior to the proposed event. MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 k?, b - I DATE: August 14, 1991 For City Council Meeting of August 19, 1991 TO: James G. Willis, City Manager Through Fred G. Moore, D rector of Public Works FROM: Daniel L. Faulkner, City Engineer SUBJECT: AWARD CONTRACT PLYMOUTH BUSINESS CENTER 5TH ADDITION STREET AND UTILITY IMPROVEMENT CITY PROJECT NO. 715 ACTION REQUESTED: Adopt the attached resolution awarding the contract for City Project No. 715. BACKGROUND: Bids were received for Plymouth Business Center 5th Addition, Street and Utility Improvements, City Project No. 715, on Wednesday, August 14, 1991. Attached is a letter from the consulting engineer recommending that the contract be awarded to the low bidder. Included within the attached resolution is a tabulation of all bids received. The low bidder is approximately 5.0% less than the engineer's estimate of $540,000 which was revised from the Preliminary Report. RECOMMENDATIONS AND CONCLUSIONS: It adopt the resolution awarding the Plymouth Business Center 5th Addition 512,760.04. Daniel L. Faulkner, P.E. DLF:dkc:kh attachments: Resolution Letter is recommended that the City Council contract for City Project No. 715, to Richard Knutson in the amount of CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1991. The following members were present: _ The following members were absent: adoption: meeting of the City Council of day of , introduced the following Resolution and moved its RESOLUTION NO. 91- RESOLUTION AWARDING BID PLYMOUTH BUSINESS CENTER 5TH ADDITION STREET AND UTILITY IMPROVEMENTS CITY PROJECT NO. 715 WHEREAS, pursuant to an advertisement for bids for the improvement of Plymouth Business Center 5th Addition Street and Utilities, and all necessary appurtenances, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Richard Knutson Northdale Construction Alexander Construction S.M. Hentges G.L. Contracting, Inc. 512,760.04 554,290.09 569,287.30 596,988.50 604,251.79 WHEREAS, it appears that Richard Knutson of Savage, MN is the lowest responsible bidder, complying with the minimum specifications. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The Mayor and City Clerk are hereby authorized and directed to enter into the attached contract with Richard Knutson of Savage, MN in the name of the City of Plymouth for Plymouth Business Center 5th Addition Street and Utilities according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk in the amount of the low bid of $504,640.44. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. 1::4 UG— 1 .4 — _. 1 L•JED 1 r = F.s- st-JE -STI Otto 0. 9axstroo, P.E. Bones troo Robert W. Rosen, PE. Joseph C. Anderilk. PE. Rosene Marvin L. Sorvala. P.F. Rkharo E. Turner, PJi, Glenn R. Cook. PE. Anderlik & 7horrlas E. NoyrL PE, Robert G. scwr)kht P.E. Associates "n M. Fwm. Engineers & Architects August 14, 1991 City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 t-s t -t =. i s _: t -s s Z r T E = F' _ 0 Kt Ph A. Godon, P.6. Mark R. Roft RE Rtrx C PluRichardWFoster, P.C. Robert C. Rusuk AJ.A. mart A I.A. Donald C. Du a¢k, A.E. gnes M. RkV. AX P Jury A. 6owdon. PE, Howard: A. ynprd,Pv,E. Ceewo Other, P.E. IE Mark A. NansM P.B. Dank) J. Edgerton, P,E, Robert R. Dreblow. P.E. Ted K. Field. PE. Mark A. SNp P.6, Gary W Morten, PE, Michael T Rautmann, PE. PhOp J. Caswrq. P.E. Karen L. wemed, PE. Robert R. Preircrte, PE, lsnatil Mjntvz, PE Kellh R Papa PEDavidatoskoG. RE. Mark O. %WM$. P.E Charles A. erickaonThomasW. Peterson P.E. Thomas P. Anderson. AJA Leo M Pa vCrlb, Michael C. Iynch. RE. Gary F. Rylander, P.E. Mariam M. OlsonJamesR. Maland. P.E. Mks 8. Jensen, Pe, Kenneth P Anderson. Re. L Phetlp G(" tR. P.E. Attn: Mr. Daniel L. Faulkner, City Engineer Re: Plymouth Business Center Sth Addition Utility and Street Improvements Project No. 715 File No. 70276 Dear Dan: On Wednesday, August 14, 1991, sealed bids were received for the above referenced project. Atotaloffive (5) bids were received. All bids have been checked, tabulated, and reviewed. Five copies of the tabulation of the five bids are enclosed. The low bidder is Richard Knutson, Inc., with a total base bid of $512,760.04. This bid is approximately 5% lower than the Engineer's Estimate of $539,854.50 and 3% lower than the preliminary report cost estimate of $527,173.00. Richard Knutson, Inc. has completed several projects in the past for our firm. The work on these projects was satisfactorily completed. We recommend award of the project to Richard Knutson, Inc. as the low bidder in the amount of 512,760.04_ Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Daniel J. Edgerton; -E. g > Encl. 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612- 636 -4600 • 35th Anniversary MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 15, 1991 for City Council Meeting August 19, 1991 TO: James G. Willis, City Manager FROM: Dale E. Hahn, Finance Directo r SUBJECT: SALE OF $4,900,000 GENERAL OBLIGATION IMPROVEMENT BONDS 7 b -a ACTION REQUESTED: The City Council has advertised the sale of $4,900,000 General Obligation Improvement Bonds to finance special assessment projects' currently underway. I have attached copies of the Official Statement for this sale. The sale is scheduled for 7:00 P.M. Monday evening. We have requested a rating from Moody's Investors Service on these bonds. Moody's rated the last city issue Aal. Bids will be opened and tabulated at 1:00 P.M. with representatives from Springsted, Inc. The tabulations will be provided at the Council Meeting. It is recommended that the Council award the bid to the bidder with the lowest net interest cost and best bid received. The attached resolutions provide for the format of the transactions, although the actual bid data will have to be inserted following receipt of the bids. T AUG 1c-5 '91 14: 12 HOLPIE' _. i F'A'•: EI'1 Extract of Minutes of Meeting of the City Council of the City of Plymouth, Hennepin County, Minnesota P. Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was duly held in the City Mall in said City on Monday, August 19, 1991, commencing at 7:00 P.M. The following members were present: and the following were absent: The Mayor announced that the next order of business was consideration of the bids which had been received for the purchase of the City's $4,900,000 General Obligation improvement Bonds, Series 1991, as advertised for sale. The City Clerk presented affidavits showing publication of the notice of sale in the City's official newspaper and in Finance and Commerce, a financial paper published in Minneapolis, Minnesota, which affidavits were examined and found satisfactory and ordered placed on file. The City Clerk presented a tabulation of the bids which had been received in the manner specified in the Official Terms of Offering of the Bonds. The bids were as follows: See Bid Tabulation Attached. 1 i iUf- 15 " 91 14: 1: Hi"CHES . P. I After due consideration of the bids, Member then introduced the following resolution and moved its adoption: RESOLUTION NO. A RESOLUTION AWARDING THE SALE OF $4,900,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1991 FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By "the City Council of the City of Plymouth, Hennepin County, Minnesota (City) as follows: Section 1. Sale of Bonds. 1.01. The bid of (Purchaser) to purchase 4,900,000 General Obligation Improvement Bonds, Series 1991 (Bonds) of the City described In the Official Terms of Offering thereof is hereby found and determined to be the highest and best bid received pursuant to duly advertised notice of sale and shall be and is hereby accepted, the bid being to purchase the Bonds at a price of $ plus accrued interest to date of delivery, for Bonds bearing interest as follows: Year of Maturity Interest Rate 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 Net effective interest rate: % 1.02. The sum of $ being the amount bid by the Purchaser in excess of $4,838,750 will be credited to the Debt Service Fund hereinafter created. The City Finance Director is directed to deposit the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful bidders forthwith. The Mayor and City Manager are directed to execute a contract with the Purchaser on behalf of the City. 1.03. The City will forthwith Issue and sell the Bonds in the total principal amount of $4,900,000, originally dated September 1, 1991, in the denomination of. $5,000 each or any integral multiple thereof, numbered No. R -1, upward, bearing interest as above set forth, and which mature serially on February 1 in the years and amounts as follows: AUi 1E5 "?1 14 :1? HCLIIES _, GF.'A EH P.4 Year Amount Year Amount 1993 200,000 1998 455,000 1994 855,000 1999 370,000 1995 800,000 2000 370,000 1996 790,000 2001 140,000 1997 780,000 2002 140,000 1.04. Optional Redemption. The City may elect on February 1, 1998 and on any Interest payment date thereafter to prepay Bonds maturing on or after February 1, 1999. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. if only part of the Bonds having a common maturity date are called for prepayment the specific Bonds to be prepaid will be chosen by lot by the Registrar. All payments will be at a price of par plus accrued interest. Section 2. Registration and Payment. 2.01. Registered Form. The Bonds shall be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (1) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond shall be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case such Bond will be dated as of the date of original Issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing August 1, 1992, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.03. Registration. The City will appoint, and shall maintain, a bond registrar, transfer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: ! a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, In form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar willauthenticateand. deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. 3 ii Ji= 1 "91 14 =14 Hi= iL1*9E:_ iF'H': %EPd c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. d) Cancellation. Bonds surrendered upon any transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes and payments so made to registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. g) Taxes Fees and Charges. For a transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice in the manner required by law. Failure to give notice by publication or by m&U to any registered owner, or any AUG 15 "'91 14:1-5 HCiLHEc S GRAVEH P.6 defect therein, will not affect the validity of any proceeding for the redemption of Bonds. Bonds so called for redemption will cease to bear Interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints the Finance Director of the City as the initial Registrar. In the event the Bonds are no longer registered in the name of a securities depository as provided in Section 7 hereof, the Finance Director may continue as Registrar, or the Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the successor Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the Finance Director must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution Authentication and Delive The Bonds will be prepared under the direction of the Clerk and executed on behalf of the City by the signatures of the Mayor and the Manager, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, such signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, if facsimile signatures are used, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certif- icate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the Finance Director shall deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore miWde and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. 67 AuG 115 ' 91 14: 15 WILHEc i:: C'PA'. /Ell F' • Section 3. Form of Bond. 3.01. The Bonds will be printed in substantially the following form: Face of the Bond] UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF PLYMOUTH GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 1991 Date of Rate Maturity Original Issue CUSIP q6 February 1, September 1, 1991 No. R- Registered Owner: Cede & Company The City of Plymouth, Minnesota, a duly organized and existing municipal corporation in Hennepin County, Minnesota (City), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum specified above on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing August 1, 1992, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by the City Finance Director as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers' of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 1998, and on any interest payment date thereafter, to prepay Bonds of this issue maturing on or after February 1, 1999. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. if only part of the Bonds having a common maturity date are called for prepayment the specific Bonds to be prepaid will be chosen by lot by the Registrar. All prepayments shall be at a price of par plus accrued interest. The City Council has designated the Bonds as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the Code) relating to disallowance of interest expense for financial institutions_ and within the 10 million limit allowed by the Code for the calendar year,of issue. HUG 15 "91 14: 1 r, HCiLHES is: GRH'••.•'Ehi P.= Additional provisions of this Bond are contained on the reverse hereof and such provisions for all purposes have the same effect as though fully set forth in this place. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Plymouth, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the manual or facsimilesignaturesoftheMayorandCityManagerandhascausedthisBondtobedatedasofthe date set forth below. Dated: CITY OF PLYMOUTH, MINNESOTA facsimile) (facsimile) City Manager Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. QI Authorized Representative Reverse of the Bond] This Bond is one of an issue in the aggregate principal amount of $4,9P0,000 all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on August 19, 1991 (the Resolution), for the purpose of providing money to defray the expenses incurred and to be incurred in making local improvements, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 429, and the principal hereof and interest hereon are payable primarily from special assessments levied or to be levied against property specially benefited by local improvements, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy ad valorem taxes on all taxable property in the City in the event of any deficiency in special assessments pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are Issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. ALIT_ 15 '1-741 14: 16 H=?U1E=: : (3RA'.'EP1 P. ,:4 As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized inwritinguponsurrenderhereoftogetherwithawritteninstrumentoftransfersatisfactoryto the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota, to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. Form of certificate to be printed on the reverse side of each Bond, following a full copy of the legal opinion.) I certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issue of Bonds of the City of Plymouth, Minnesota, which includes the within Bond, dated as of the date of delivery of and payment for the Bonds. Facsimile Signature) City Clerk The following abbreviations, when used In the inscription on the face of this Bond, shall be construed as though they were written out in full according to. applicable laws or regulations: TEN COM -- as tenants in common TEN ENT -- as tenants by .entireties UNIF GIFT MIN ACT Custodian Cost) (Minor) under Uniform Gifts or Transfers to Minors 8 NI_li 15 "±1 14: 1 Hi--. iLME ": t F'H'•:'Efd P. 1F1 JT TEN -- as joint tenants with right of survivorship and Act ............. not as tenants in common (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee i 3.02. The City Clerk is directed to obtain a copy of the proposed approving legal opinion of Holmes do Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and to cause the opinion to be printed on each Bond, together with a certificate to be signed by the facsimile signature of the Clerk in substantially the form set forth in the form of Bond. The Clerk is authoriued and directed to execute such 9 AUG 15 "?1 14: 17 HOLMES ' GRH''•:'Ehd P.11 certificate in the name of the City upon receipt of such opinion and to file the opinion in the City offices. Section 4. Payment: Security: Pledges and Covenants. 4.01. The Bonds are payable from the Improvement Bonds, Series 1991 Debt Service Fund (Debt Service Fund) hereby created, and the proceeds of special assessments Assessments) levied and ad valorem taxes or to be levied for the improvements Improvements) financed by the Bonds are hereby pledged to the Debt Service Fund. If any payment of principal or interest on the Bonds shall become due when there is not sufficient money in the Debt Service Fund to pay the same, the Finance Director is directed to paysuchprincipalorinterestfromthegeneralfundoftheCity, and the general fund will be reimbursed for such advances out of the proceeds of Assessments when collected. There is appropriated to the Debt Service Fund all capitalized interest financed from Bond proceeds, if any, any amount over the minimum purchase price paid by the Purchaser and the accrued Interest paid by the Purchaser upon closing and delivery of the Bonds. 4.02. It is hereby determined that the Improvements to be financed by the Bonds will directly and indirectly benefit abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: a) The City has caused or will cause the Assessments for the Improvements to be promptly levied so that the first installment will be collectible not later than 1992 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause all further actions and proceedings relative to the making and financing of the Improvements financed hereby to be taken with due diligence that are required for the construction of each Improve- ment financed wholly or partly from the proceeds of the Bonds, and for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Bonds and interest thereon when due. b) In the event of any current or anticipated deficiency in Assessments, the City ' Council will levy ad valorem taxes in the amount of the current or anticipated deficiency. e) The City will keep complete and accurate books and records showing: receipts and disbursements in connection with the Improvements, Assessments levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, moneys on hand and, the balance of unpaid Assessments. d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. 4.03. It is determined that at least 20% of the cost of the Improvements will be specially assessed against benefitted properties. For the purpose of paying the principal of and interest on the Bonds, there is levied a direct annual irrepealable ad valorem tax (Taxes) upon all of the taxable property in the City, which shall be spread upon the tax rolls and collected with and as part of other general taxes of the City. The taxes will be credited to the Debt Service Fund above provided and will be in the years and amounts as follows (year stated being year of levy for collection the following year): 10 AL 11-Z ff 14: 18 HQU`lE' =; _. GF'Ai.'EH See Attachment A) P.12 4.04. It is hereby determined that the estimated collections of Assessments and foregoing Taxes will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levy herein provided is irrepealable until all of the Bonds are paid, provided that the City Clerk may annually, at the time the City makes its tax levies, certify to the Director of Property Taxation the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and the Director of Property Taxation will thereupon reduce. the levy collectible duri;ng such year by the amount so certified. 4.05. The City Clerk is authorized and directed to file a certified copy of this resolution with the Director of Property Taxation of Hennepin County and to obtain the certificate required by Minnesota Statutes, Section 475.63. Section 5. Authentication of Transcript. 5.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, may be deemed representations of the City as to the facts stated therein. 5.02. The Mayor, City Manager and Finance Director are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. Section 6. Tax Covenant. 6.01. The City covenants and agrees with the holders from time to 9me of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue erode of ice, as amenbeb 'Me 2.uWi, Ind, `hr it'e urY 'he^gtlrtttants promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. (a) The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, Including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States if the Bonds together with other obligations reasonably expected to -be issued in calendar year 1991) exceed the small- issuer exception amount of $5,000,000. 11 OUG 15 "91 14: 19 HC:UIE' =; i F'i i'•:'EI 1 P. 1:=; b) For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements, the City finds, determines and declares that the aggregate face amount of all tax - exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, within the meaning of Section 148(f)(4)(C) of the Code. 6.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. In order to qualify the Bonds as "qualified tax - exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; b) the City hereby designates the Bonds as "qualified tax- exempt obligations" for purposes of Section 265(b)(3) of the Code; c) the reasonably anticipated amount of tax - exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 1991 will not exceed $10,000,000; and d) not more than $10,000,000 of obligations issued by the City during calendar year 1990 have been designated for purposes of Section 265(b)(3) of the Code. 6.05. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7. Book -Entry System; Limited Obligation of City. 7.01. The Bonds shall be Initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Sec ;ion 1.03 hereof. Upon initial issuance, the ownership of each such Bond shall be registered, ih the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (DTC). Except as provided in this section, all of the outstanding Bonds sha11 be registered in the registration books kept by the Bond Registrar in the name of Cede do Co., as nominee of DTC. 7.02. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the Paying Agent shall have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the Participants) or to any other person on behalf of which a Participant holds an interest In the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect'to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person other than a registered owner of Bonds, as shown by the registration books kept 12 i U_If_ 15 "91 14:20 Ho-CHE' GRi i. /EN P. 14 by the Bond Registrar, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, or any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payemnts shall be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Bond Registrar, shall receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the Finance Director of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and the words "Cede do Co.," shall refer to such new nominee of DTC; and upon receipt of such a notice, the Finance Director shall promptly deliver a copy of the same to the Bond Registrar and Paying Agent, if the Bond Registrar or Paying Agent is other than the Finance Director. 7.03. _Representation Letter. The form of representation letter proposed to be submitted to DTC, which is on file with the Finance Director and presented to this meeting Representation Letter), is hereby approved, and the Finance Director is authorized to execute and deliver the Representation Letter in substantially the form on file, with such changes therein not inconsistent with law as the Finance Director and the City Attorney may approve, which approval shall be conclusively evidenced by the execution thereof. Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds shall agree to take all action necessary for all representations of the City in the Representation Letter with respect to the Bond Registrar and Paying Agent, respectively, to at all times be complied with. 7.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial Interest in the Bonds that they be able to obtain Bond certificates, the City shall notify DTC, whereupon DTC shall notify the Participants, of the availability through DTC of Bond certificates. In such event the City shall issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the- provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City shall issue and the Bond Registrar shall authenticate. Bond certificates in accordance with this resolution and the provisions hereof shall apply to the transfer, exchange and method of payment thereof. 7.05. Payments to Cede & Co. Notwithstanding any other provision of this resolution to the contrary, so long as any Bond is registered in the name of Cede be Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Representation Letter. 13 i il_li 1 +1 14 Gi Hi= iLt9E' =; -EH P.1IS The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 14 AUG 15 '91 14:21 HOLVIE' =; _. C;F'fi'•iEfl STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. CITY OF PLYMOUTH ) P.1r- . 1, the undersigned, being the duly qualified and acting Clerk of the City of Plymouth, Hennepin County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on August 19, 1991, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of 4,900,000 General Obligation Improvement Bonds, Series 1991 of the City. WITNESS My hand officially as such Clerk and the corporate seal of the City this day of , 1991. SEAL) City Clerk Plymouth, Minnesota 15 HI_Lr, 1.• • "91 1421 HCiLI °IE' _:: GRi= i-•rEfJ P.1 STATE OF MINNESOTA DIRECTOR OF PROPERTY TAXATION'S CERTIFICATE AS TO COUNTY OF HENNEPIN TAX LEVY AND REGISTRATION the undersigned Director of Property Taxation of Hennepin County, Minnesota, hereby certify that a certified copy of a resolution adopted by the governing body of the City of Plymouth, Minnesota, on Monday, August 19, 1991, levying taxes for the payment of 4,900,000 General Obligation Bonds, Series 1991, of said municipality dated September 1, 1991, has been filed in my office and said bonds have been registered on the register of obligations in my office and that such tax has been levied as required by law. WITNESS My hand and official seal this day of , 1991. SEAL) Director of Property Taxation Hennepin County, Minnesota Ml 16 Deputy f 1 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 14, 1991, for City Council Meeting of August 19 TO: James G. Willis, City Manager FROM: Eric J. Blank, Director of Parks and Recreation SUBJECT: AWARD OF BID - 1991 TRAIL IMPROVEMENT PROJECTS 1. ACTION REQUESTED: The attached resolution awards the bid to Barber Construction in the amount of $274,156.50 for the construction of the 1991 trail improvement projects. 2. BACKGROUND: In accordance with earlier City Council direction, the 1991 trail improvement projects were advertised for bid. Five bids were received and opened on August 13. The following bids were received: Barber Construction $274,156.50 Driveway Design 309,871.15 Alber Construction 326,801.25 Northwest Asphalt 346,212.75 Hardrives, Inc. 351,701.50 The low bidder, Barber Construction, in the amount of $274,156.50, has done considerable work for the City in the past. Most recently, they completed the work on West Medicine Lake Drive trail. The Barber bid is 51,870.75 under the engineer's estimate of $326,027.25. 3. RECCMIMATIONS AND OCNCIUSIONS: I recommend the City Council award the bid to Barber Construction in the amount of $274,156.50. Etl(- 7 Eric J. Blank, Director Parks and Recreation EJB /np Attachments 9 CITY OF PL)UI'H Pursuant to due call and notice thereof , a meeting of the City Council of the City of Plymouth, Minnesota, was held on day of 19 The following members were present: The following members were absent: introduced the following Resolution and moved its adoption. RESOLUTION NO. 91- AWARDING BID FOR 1991 TRAIL IMPROVEMENT PROJECTS WHEREAS, the City of Plymouth duly advertised in accordance with City policy the construction of the 1991 trail improvement projects, and WHEREAS, five bids were received from the following companies: Barber Construction $274,156.50 Driveway Design 309,871.15 Alber Construction 326,801.25 Northwest Asphalt 346,212.75 Hardrives, Inc. 351,701.50 and WHEREAS, the apparent low bidder is Barber Construction in the amount of 274,156.50, NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the 1991 trail improvement projects are hereby awarded to Barber Construction in the amount of $274,156.50. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. t SRFSTRGAR - ROSCOE - FAUSCH, INC. CONSULTING ENGINEERS TRANSPORTATION CIVIL STRUCTURAL PARKING LAND SURVEYORS August 13, 1991 Mr. Eric Blank Director of Parks and Recreation CITY OF PLYMOUTH 3400 Plymouth Boulevard Plymouth, Minnesota 55447 RE: WALK IMPROVEMENTS 1991 PLYMOUTH WALK PROJECTS CITY PROJECT NO. 112 Dear Eric: SRF No. 0911536 Transmitted herewith please find the Bid Proposals and Bid Bonds which were received on Tuesday, August 13, 1991 for the above referenced project. All of the bids have been reviewed and checked, and a complete bid tabulation is enclosed. The bids are summarized as follows: Contractor Total Bid Barber Construction Company, Inc. $274,156.50 Driveway Design, Inc. $309,871.15 Alber Construction, Inc. $326,801.25 Northwest Asphalt, Inc. $346,212.75 Hardrives, Inc. $351,701.50 Engineer's Estimate $326,027.25 The total low bid was approximately 16 percent below the final Engineer's Estimate. We recommend award of the contract to Barber Construction Company, Inc. in the amount of $274,156.50. If you have any questions, please feel free to call. Sincerely, STRGAR- ROSCOE- FAUSCH, INC. 6JIme s R. Dvorak, P.E. ssociate JRD /jal Enclosures cc: Fred Moore, City of Plymouth Suite 150, One Carlson Parkway North, Minneapolis, Minnesota 55447 612/475 -0010 FAX 612/475 -2429 4-1, r- MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: Tues. August 13, 1991 for the City Council meeting August 19, 1991 TO: James G. Willis, City Manager FROM: Dale E. Hahn, Finance Director SUBJECT: DISBURSEMENTS I hereby recommend for payment the attached listing of disbursements for the following funds: FirStar /Metro Bank - Plymouth Office General $ 1,162,400.63 Construction & Debt Service 366,645.03 Enterprise 309,117.52 Housing & Redevelopment Authority 45,935.54 Grand Total For All Funds $ 1,884,098.72 Above totals are for the period ending July 31, 1991. Dale E. Hahn I HEREBY APPROVE THE ATTACHED LISTING OF DISBURSEMENTS AND RECOMMEND SAME FOR PAYMENT. J s G. 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H I x I I w I W i I m m no000000000000000000ox b V V V V V V V V V V V V V V V V V V V V M t0 t0 t0 t0 40 40 O t0 b 40 0 0 b D m tp 40 to c 'D v M i 0 'V 0 4 x W a '7 't7 n 4 i I M Y C C r r 2 Y Y Y Y 0 Y r 0 0 0 0 bjb7Ctltltt7KKMr907OxwXADMzCCrZ rrr33 rxXZYZafZYmafOz i i N _OObMEr) OH 0 r Z=+ i 040 0CCrao —v0 ammo tt7 HHY 0 ra0- S mta7Y j Z xxYxw7it*Jb zHrYXYYrz 1 t71OOp MG7 CfY MYz NN v I t7MC 0 3Y 10x Zm 0 0 m w < 0000 wYzro I HY MoQzzMM M m M r X ro H H m Z z g m m x z m mIzOmb Y Y M < m a t G) Z to H o ro so w< O M H O H o W i Y rod. H Z m rYrm C C Y Y M M H r m Ii ! - H 0.3 V w z X z- M Y xiCYHH M t H m w i O wt uxNz A I O HC) H H M H I m y j KKym zzi j j I I n i I ' M ` i Cz O z v7 K 4 C r NID to cais Y G) M ; CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of , 1991. The following members were present: The following members were absent: its adoption: introduced the following Resolution and moved RESOLUTION NO. 91- APPROVING DISBURSEMENTS FOR THE PERIOD ENDING JULY 31, 1991 WHEREAS, A list of disbursements for the period ending July 31, 1991 was presented to the City Council for approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the payment of the list of disbursements of the following funds is approved: FirStar /Metro Bank - Plymouth Office General $ 1,162,400.63 Construction & Debt Service $ 366,645.03 Enterprise $ 309,117.52 Housing & Redevelopment Authority $ 45,935.54 GRAND TOTAL FOR ALL FUNDS $ 1,884,098.72 The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 15, 1991 for City Council Meeting August 19, 1991 TO: James G. Willis, City Manager FROM: Dale E. Hahn, Finance Director7a (/ 01*` SUBJECT: DECLARING COST AND SETTING PUBLIC HEARING FOR 1991 DELINQUENT MONTHLY WATER, SEWER, RECYCLING AND STREET LIGHTING SERVICE CHARGES, UNPAID ANNUAL STREET LIGHTING FOR UNIMPROVED PARCELS AND UNPAID ANNUAL RECYCLING FEES ACTION REQUESTED: Attached are resolutions declaring the cost to be assessed and ordering the preparation of the assessment rolls and the necessary resolutions setting October 7, 1991 for the Public Hearing for 1991 Delinquent Monthly Water, Sewer, Recycling and Street Lighting, Annual Street Lighting for Unimproved Parcels and Unpaid Annual Recycling Fees. BACKGROUND: The City Code provides that: Annually all delinquent accounts shall be certified to the City Manager who shall prepare an assessment roll providing for assessment of the delinquent amounts against the respective properties served. This assessment roll shall be delivered to the City Council. RECOMMENDATIONS: Attached are resolutions declaring the cost to be assessed and ordering the preparation of the assessment rolls. The resolutions set October 7, 1991 for the Public Hearings for Delinquent Monthly Water, Sewer, Recycling and Street Lighting, Annual Street Lighting and Annual Recycling Fees. The total 1991 cost is $202,683.47 for Delinquent Utilities, $812.14 for Annual Street Lighting and $1650.00 for Recycling Fees. It is recommended that the City Council adopt the attached resolutions. a CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1991. The following members were present: The following members were absent: adoption: introduced the following Resolution and moved its RESOLUTION NO.91- RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR DELINQUENT MONTHLY WATER, SEWER, RECYCLING AND STREET LIGHTING SERVICE CHARGES, UNPAID ANNUAL STREET LIGHTING FOR UNIMPROVED PARCELS AND UNPAID ANNUAL RECYCLING FEES WHEREAS, pursuant to the provision of Section 444.075 M.S.A. and Chapter VII, Section 715.03, 720.21 and 730.13 of the City Code of the City of Plymouth, Minnesota, a determination has been made that certain charges for delinquent monthly water, sewer, recycling and street lighting service charges, annual street lighting for umimproved parcels and annual recycling fees have not been paid as provided by law, and the total amount of such charges is $205,145.61. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The amount of delinquent utilities to be specially assessed is hereby declared to be $202,683.47, the amount of the street lighting is hereby declared to be $812.14 and the amount of recycling is declared to be $1650.00. 2. The City Clerk, with the assistance of the Director of Finance, shall forthwith calculate the proper amount to be specially assessed as provided by law; and the clerk shall file a copy of such proposed assessment in the office of the city Clerk for public inspection. 3. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. A a CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1991. The following members were present: The following members were absent: adoption: introduced the following Resolution and moved its RESOLUTION NO.91- CALLING FOR PUBLIC HEARING ON PROPOSED ASSESSMENT DELINQUENT MONTHLY WATER, SEWER, RECYCLING AND STREET LIGHTING SERVICE CHARGES, UNPAID ANNUAL STREET LIGHTING FOR UNIMPROVED PARCELS AND UNPAID ANNUAL RECYCLING FEES WHEREAS, by a resolution passed by the Council on August 19, 1991, the City Clerk was directed to prepare a proposed assessment for certain charges for the delinquent monthly water, sewer, recycling and street lighting service charges, unpaid annual street lighting for unimproved parcels and unpaid annual recycling fees as provided by law; and WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in the office of the City Clerk for public inspection; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. A public hearing shall be held on the 7th day of October, 1991 in the City Council Chambers of the Plymouth City Center, 3400 Plymouth Boulevard, Plymouth, Minnesota at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such charges will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published twice in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total amount of the assessment. The Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. MEMO _ CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 13, 1991 for Council Meeting of August 19, 1991 TO: James G. Willis, City Manager, through Fred G. Moore, Director of Public Works FROM: John R. Sweeney, Assistant Engineer SUBJECT: BOND REDUCTIONS ACTION REQUESTED: We have received requests from the developers for a bond reduction to reflect completed work in their developments. The City has made inspections of the work and I recommend that the attached resolutions be adopted. These developments are: 1. Bass Lake Terrace Addition (90050) 2. Gleason Lake School Addition (88036) 3. St. Marys Addition (85119) 4. Tyrell Sixth Addition (87105) 5. Tyrell Eighth Addition (88136) 6. Tyrell Ninth Addition (89015) 7. Curtis Lake Addition (90105) R. Sweeney JRS : kh L attachments: Resolutions CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of t the City of Plymouth, Minnesota was held on the day of 1991. The following members were present: + The following members were absent: adoption: introduced the following Resolution and moved its RESOLUTION NO. 91- REDUCING DEVELOPMENT BOND BASS LAKE TERRACE ADDITION (90050) WHEREAS, in accordance with the development contract dated March 12, 1991, Programmed Land, Inc., Vern Reynolds Construction Company, Inc., and Builders Development and Finance, Inc., developer of Bass Lake Terrace Addition (90050) 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 that the bonding requirements are reduced as follows: ITE 1 ORIGINAL AMOUNT City Proj. Original No. 106 Public Private Total Street Construction Sanitary Sewer Service Watermain Services Storm Sewer Boulevard & Drainage Swale Sod Pond or Ditch Construction Street Signs (5 x 150) Park and Trail Improvements Site Grading & Drainage Improvements Design, Administration, Inspection, As- Builts ORIGINAL TOTAL TOTAL PROJ. NO. 106 33,104 133,207 0- 133,207 0- 52,226 0- 52,226 0- 53,113 * 0- 53,113 31,983 62,730 0- 62,730 0- 0- 9,600 9,600 0- 0- 0- 0- 0- 750 0- 750 0- 0- 0- 0- 0- 0- 257,000 ** 257,000 65,087 338,269 31.992 298,592 636,861 Does not include the estimated cost for reimbursing the developer for the oversizing of the watermain from 8" to 12" in the amount of $10,504. Does not include grading cost east of centerline Northwest Boulevard. BASS LAKE TERRACE ADDITION (90050) Resolution No. 91- Page Two ITEM Street Construction Sanitary Sewer Service Watermain Services Storm Sewer Boulevard & Drainage Swale Sod Pond or Ditch Construction Street Signs (5 x 150) Park and Trail Improvements Site Grading & Drainage Improvements Design, Administration, Inspection, As- Builts NEW TOTAL TOTAL PROJ. NO. 106 $65,087 4.055 6.552 10.607 37,843 $ 61,152 $ 98,995 Does not include the estimated cost for reimbursing the developer for the oversizing of the watermain from 8" to 12" in the amount of $10,504. Does not include grading cost east of centerline Northwest Boulevard. That the letter of credit required for the above items (excluding Proj. No. 106) be reduced as detailed above from $228,749 to $98,995 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: ITEM ORIGINAL AMOUNT NEW AMOUNT Maintenance of Erosion and Sediment Control Plan, Street Sweeping and Storm Sewer Cleaning * ** Cash: $ -0- $ -0- Letter of Credit: $ -0- $ -0- See Grading Permit No. 2711 for required financial guarantees he motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. NEW AMOUNT City Proj. New No. 106 Public Private Total 33,104 26,641 0- 26,641 0- 0- 0- 0- 0- 0- 0- 0- 31,983 6,397 0- 6,397 0- 0- 9,600 9,600 0- 0- 0- 0- 0- 750 0- 750 0- 0- 0- 0- 0- 0- 45,000 ** 45,000 TOTAL PROJ. NO. 106 $65,087 4.055 6.552 10.607 37,843 $ 61,152 $ 98,995 Does not include the estimated cost for reimbursing the developer for the oversizing of the watermain from 8" to 12" in the amount of $10,504. Does not include grading cost east of centerline Northwest Boulevard. That the letter of credit required for the above items (excluding Proj. No. 106) be reduced as detailed above from $228,749 to $98,995 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: ITEM ORIGINAL AMOUNT NEW AMOUNT Maintenance of Erosion and Sediment Control Plan, Street Sweeping and Storm Sewer Cleaning * ** Cash: $ -0- $ -0- Letter of Credit: $ -0- $ -0- See Grading Permit No. 2711 for required financial guarantees he motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1991. The following members were present: The following members were absent: adoption: meeting of the City Council of day of , I introduced the following Resolution and moved its RESOLUTION NO. 91- REDUCING DEVELOPMENT BOND GLEASON LAKE SCHOOL ADDITION (88036) WHEREAS, in accordance with the development contract dated September 22, 1988, Independent School District 284, developer of Gleason Lake School Addition (88036), 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: 1st Ave. & Co. Rd. 101 right -turn lane Co. Rd. 101 left -turn Construction Traffic Signal Remodel Lift Station Boulevard and Drainage Swale Sod Pond or Ditch Construction Street Signs Site Grading and Drainage Improvements Park and Trail Improvements Design, Administration, Inspection, As- Builts TOTAL 64,744 6,464 75,628 7,563 80,000 8,000 6,293 629 4,700 0- 0- 0- 150 150 0- 0- 0- 0- 27.782 2.737 259,297 25,543 That the letter of credit required for the above items be reduced as detailed above from $259,297 to $25,543 to reflect the completed work. P GLEASON LAKE SCHOOL ADDITION (88036) Resolution No. 91- Page Two 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: ITEM ORIGINAL AMOUNT NEW AMOUNT Maintenance of Erosion and Sediment Control Plan Street Sweeping and Storm Sewer Cleaning Cash: $ -0- $_0_ Letter of Credit: $ -0- $ -0- FURTHER BE IT RESOLVED that the street construction (1st Avenue and county Road 101 right -turn lane and County Road 101 left -turn construction) and the traffic signal and remodeled lift station are hereby accepted for continual maintenance as of August 19, 1991. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. I CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1991. The following members were present: _ The following members were absent: adoption: meeting of the City Council of day of 9 introduced the following Resolution and moved its RESOLUTION NO. 91- REDUCING DEVELOPMENT BOND ST. MARYS ADDITION (85119) WHEREAS, in accordance with the development contract dated March 11, 1986, revised September 10, 1987, David A. Williams Realty and Construction, Inc., developer of St. Marys Addition (85119), 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: M Street Construction * $ 6,500 * $ -0- Sanitary Sewer 2,700 -0- Watermain -0- -0- Storm Sewer 2,800 -0- Boulevard and Drainage Swale Sod 800 -0- Pond or Ditch Construction -0- -0- Street Signs -0- -0- Site Grading and Drainage Improvements 22,600 -0- Park and Trail Improvements -0- -0- Design, Administration, Inspection, As- Builts 4.248 -0- TOTAL $ 39,648 $ -0- That the letter of credit required for the above items (No. 14753) be reduced as detailed above from $224 to $0 (zero) to reflect the completed work. The developer submitted a cash payment on January 18, 1989, in the amount of $7,280 in lieu of constructing a portion of Forestview Lane at this time. ST. MARYS ADDITION (85119) Resolution No. 91- Page Two 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: ITEM ORIGINAL AMOUNT NEW AMOUNT Maintenance of Erosion and Sediment Control Plan Street Sweeping and Storm Sewer Cleaning Cash: $1,000 $ -0- Letter of Credit: $9,000 $ -0- FURTHER BE IT RESOLVED that the above referenced financial guarantees for Maintenance of Erosion and Sediment Control Plan, street sweeping, and storm sewer cleaning are reduced as follows: Cash deposit from $500 to $0 (zero) and the required Letter of Credit No. 14761 was previously reduced to $0 (zero) and released. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1991. The following members were present: The following members were absent: adoption: meeting of the City Council of day of introduced the following Resolution and moved its RESOLUTION NO. 91- REDUCING DEVELOPMENT BOND TYRELL SIXTH ADDITION (87105) WHEREAS, in accordance with the development contract dated September 16, 1987, Hans Hagen Homes, Inc., developer of Tyrell Sixth Addition (87105), 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 See Punch List Dated 8/2/90) Sanitary Sewer Watermain Storm Sewer Boulevard and Drainage Swale Sod Pond or Ditch Construction Street Signs Site Grading and Drainage Improvements Park and Trail Improvements Design, Administration, Inspection, As- Builts TOTAL 22,340 0- 14,037 0- 14,545 0- 10,562 0- 2,600 0- 0- 0- 150 0- 10,000 0- 0- 8.908 0- 0- 83,142 0- That the letter of credit required for the above items was previously reduced to $0 zero) as detailed above to reflect the completed work. Letter of Credit No. 6058 has been released. TYRELL SIXTH ADDITION (87105) Resolution No. 91- Page Two 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: ITEM ORIGINAL AMOUNT NEW AMOUNT Maintenance of Erosion and Sediment Control Plan Street Sweeping and Storm Sewer Cleaning Cash: $1,000 $ -0- Letter of Credit: $5,887 $ -0- FURTHER BE IT RESOLVED that the cash deposit for Maintenance of Erosion and Sediment Control Plan, street sweeping and storm sewer cleaning is reduced from $1,000 to $0 zero) and the remaining funds can be returned to the developer. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1991. The following members were present: _ The following members were absent: adoption: meeting of the City Council of day of introduced the following Resolution and moved its RESOLUTION NO. 91- REDUCING DEVELOPMENT BOND TYRELL EIGHTH ADDITION (88136) WHEREAS, in accordance with the development contract dated December 21, 1988, Hans Hagen Homes, Inc., developer of Tyrell Eighth Addition (88136), 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 $ 74,306 $ -0- Sanitary Sewer 11,639 -0- Watermain 16,109 -0- Storm Sewer -0- -0- Boulevard and Drainage Swale Sod 3,200 -0- Pond or Ditch Construction -0- -0- Street Signs 300 -0- Site Grading and Drainage Improvements 22,000 -0- Park and Trail Improvements 7,569 -0- Design, Administration, Inspection, As- Builts 16.214 -0- TOTAL 151,337 $ -0- That the letter of credit required for the above items was previously reduced to $0 zero) as detailed above to reflect the completed work. Letter of Credit No. SB 7826 has been released. TYRELL EIGHTH ADDITION (88136) Resolution No. 91- Page Two 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: ITEM ORIGINAL AMOUNT NEW AMOUNT Maintenance of Erosion and Sediment Control Plan Street Sweeping and Storm Sewer Cleaning Cash: $1,000 $ -0- Letter of Credit: $10,200 $ -0- FURTHER BE IT RESOLVED that the $1,000 cash deposit for Maintenance of Erosion and Sediment Control Plan, street sweeping, and storm sewer cleaning is reduced from $1,000 to $0 (zero) and the remaining funds can be returned to the developer. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1991. The following members were present: The following members were absent: adoption: meeting of the City Council of day of I introduced the following Resolution and moved its RESOLUTION NO. 91- REDUCING DEVELOPMENT BOND TYRELL NINTH ADDITION (89015) WHEREAS, in accordance with the development contract dated April 3, 1989, Hans Hagen Homes, developer of Tyrell Ninth Addition (89015), 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 Proj. 506, Schmidt Lake Road) Sanitary Sewer Watermain Storm Sewer Boulevard and Drainage Swale Sod Pond or Ditch Construction Street Signs Site Grading and Drainage Improvements Park and Trail Improvements Design, Administration, Inspection, As- Builts TOTAL 25,520 0- 15,048 0- 14,206 0- 0- 0- 2,400 0- 0- 0- 150 0- 11,400 0- 0- 8.247 0- 0- 76,971 0- That the letter of credit required for the above items was previously reduced to $0 zero) as detailed above to reflect the completed work. Letter of Credit No. SB 8261 has been released. TYRELL NINTH ADDITION (89015) Resolution No. 91- Page Two 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: ITEM ORIGINAL AMOUNT NEW AMOUNT Maintenance of Erosion and Sediment Control Plan Street Sweeping and Storm Sewer Cleaning Cash: $1,000 $_0_ Letter of Credit: $7,800 $ -0- FURTHER BE IT RESOLVED that the required financial guarantee for Maintenance of Erosion and Sediment Control Plan, street sweeping, and storm sewer cleaning is reduced from 1,000 to $0 (zero) and the remaining funds can be returned to the developer. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in -favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1991. The following members were present: _ The following members were absent: adoption: meeting of the City Council of day of 8 introduced the following Resolution and moved its RESOLUTION NO. 91- REDUCING DEVELOPMENT BOND CURTIS LAKE ADDITION (90105) WHEREAS, in accordance with the development contract dated June 17, 1991, Blue and Gold Company, developer of Curtis Lake Addition (90105), 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 Proj. No's 015 /011) Sanitary Sewer Watermain Storm Sewer Boulevard and Drainage Swale Sod Pond or Ditch Construction Street Signs Site Grading and Drainage Improvements Park and Trail Improvements Design, Administration, Inspection, As- Builts TOTAL 83,500 $ 83,500 66,000 51,400 59,000 48,760 50,000 50,000 10,000 10,000 0- 0- 600 600 65,000 39,560 0- 40.092 0- 34.058 374,192 $ 317,878 That the letter of credit required for the above items be reduced as detailed above from $374,192 to $317,878 to reflect the completed work. 9 P, CURTIS LAKE ADDITION (90105) Resolution No. 91- Page Two 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: ITEM ORIGINAL AMOUNT NEW AMOUNT Maintenance of Erosion and Sediment Control Plan Street Sweeping and Storm Sewer Cleaning (See Grading Permit No. 42235 for required financial guarantees) Cash: $ -0- $ -0- Letter of Credit: $ -0- $ -0- The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 14, 1991 For City Council Meeting of August 19, 1991 TO: James G. Willis, City Manager Through Fred G. Moore, Director of Public Works FROM: Daniel L. Faulkner, City Engineer SUBJECT: REVISING AWARD OF CONTRACT FOR PRIME DEVELOPMENT CORRECTIONS - SANITARY SEWER REBUILD CITY PROJECT NO. 111 ACTION REQUESTED: Adopt the attached resolution revising the award of contract by releasing CCS Contracting from their contract and awarding the contract for rebuilding a portion of the sanitary sewer in Prime West Business Park 2nd Addition in the amount of $15,490 to F.F. Jedlicki. BACKGROUND: This construction project entails replacing approximately 210 feet of existing eight inch sanitary sewermain, rebuilding one manhole invert, removing and replacing one manhole, replacing necessary bedding and restoration including removing and replacing 60 feet of concrete curb and gutter, seeding and sodding as required. Prior to completion of the sanitary sewer construction in accordance with the approved plans and specifications, the developer encountered financial difficulties and the City eventually cashed his financial guarantee to ensure that the work could be completed with funds in an escrow account. The City has contracted with McCombs Frank Roos Associates, Inc., the developer's original engineer, to prepare plans and specifications for the replacement of a portion of the sanitary sewermain that had settled. McCombs Frank Roos Associates, Inc. prepared plans and specifications and accepted bids for this work at their office on May 15, 1991. The apparent low bidder at that time was CCS Contracting, New Brighton, Minnesota with the low bid of $13,360 and the contract was awarded to them at the June 17, 1991 Council meeting. MEMO 7'L- CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 14, 1991 For City Council Meeting of August 19, 1991 TO: James G. Willis, City Manager Through Fred G. Moore Director of Public Works FROM: Daniel L. Faulkner, City Engineer SUBJECT: CHANGE ORDER NO. 4 COUNTY ROAD 9 /COUNTY ROAD 101 TRUNK WATERMAIN CITY PROJECT NO. 012 ACTION REQUESTED: Adopt the attached resolution approving Change Order No. 4 for County Road 9 /County Road 101 Trunk Watermain. BACKGROUND: Attached is a Change Order No. 4 for the County Road 9 /County Road 101 Trunk Watermain Improvement Project. Change Order No. 4 increases the contract price by $35,349.20. This increase is due to the adjustment of final quantities installed to complete the project as designed. Also, additional bituminous quantities were used to restore county Road 9 due to unforeseen conditions which existed. A time extension is also being requested to complete final restoration items by September 15, 1991. The City's engineer, Rieke - Carroll - Muller Associates, has provided a detailed explanation of the major quantity overruns. As his attached letter explains, the most significant overruns involved additional bituminous quantities due mainly to very soft sub - grades encountered under the existing roadways. These problems were compounded by the latter part of the year when much of the pavement restoration was done. RECOMMENDATIONS AND CONCLUSIONS: It is recommended that the City Council approve Change Order No. 4 for County Road 9 /County Road 101 Trunk Water, City Project No. 012. 7 Daniel L. Faulkner, P.E. DLF:dkc:kh attachments: Resolution Change Order Letter a.vc vauirar. 4 No. - Instructions on reverse side) pROJECT: County Road 9 ( County Road 101) DATE OF ISSUANCE: August 9, 1991 Trunk Watermain Improvements OWNER: City of Plymouth Namt. 3400 Plymouth Blvd. Address) Plymouth, MN 55441 012 & 034 CONTRACTOR: Glendale Contracting, Inc • OWNER's Project No. Plymouth, MN 55441 ENGINEER: Rieke Carroll Muller Associates, Inc Minnetonka, Minnesota CONTRACT FOR: T yWatermai noImprov l Improvements Trunk EPtGINFR's Project No. 10074.04 & 10074.05 Schmidt Garden Watermain Improvemen You are directed to make the following changes in the Contract Documents. Description:l)Change Order to adjust estimated quan6 tWeaetpatcha along nCounty .Road 9. 2) Add leveling course to 3,300 long, 3) Add 75 days to Contract Final Completion Date. c Price. purpose of Change Order.1) Tyo increase Contract Pri cei ci snit es caused byunforeseen site 2) Tu correct bOr.,i -ions encountered along 'County Road 9. Atuchmenu: (List documents supporting change) 1 % 2) Pri quotation explanation ona quantity from theContra changes. Contractor. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: original Contract Price Original Contract Time 474,641.85 Final Completion -June 1, 1991 S d "er ws Previous Change Orders No- _1 to No. _ 3 Net change from previous Change Orders 30 S +45,469-15 Contract Price prior to this Change Order Contract Ttme Prior to this Change Order 520,111.00 Final Completion - July 1, 1991 S dun or dm Net Increase (decrease) of this Change Order Net Increase (decrease) of this change Order 75 S 35,349.20 a" Contrut Price with all approved Change Orders Contract Time with all approved Change Orders 5 5,460.20 September 15, 1991 wmw RECOMMENDED: APPROVED: APPROVED: EJCDC No. 1910 -8 -B (1983 Edition) Prepared by the E*neen' Joint Contra" Documenu Commmee and endorsed by The Associated GcneN Conttxton of Aa+erica. Item Descrir)tion City Project 012: CHANGE ORDER NO. 4 Unit Total Unit ri n i Amount Bituminous Pavement Removal SY 90 267 240.30 Mill Bituminous Surface SY 5.25 24 126.00 6" DIP Watermain LF 12.75 40 510.00 8" DIP Watermain LF 15.00 16 240.00 12" DIP Watermain LF 21.00 39 819.00 16" DIP Watermain LF 27.00 11 297.00 12" Butterfly Valve & Box EA 700.00 1 700.00 20" Butterfly Valve & Box EA 2.325.00 1 2,325.00 Watermain Fittings LBS 1.20 817 980.40 I" Corporation Cock EA 40.00 2 80.00 1" Curb Stop & Box EA 75.00 2 150.00 1" Copper Service LF 7.75 87 674.25 2" Thick Polystyrene Insulation SF 1.30 180 234.00 4" Thick Polystyrene Insulation SF 2.25 112 252.00 Trench Backfill Material Ton 1.00 555.12 555.12 Trench Foundation Material Ton 4.00 228.94 915.76 Bituminous Base Course Ton 20.74 167.16 3,466.90 Bituminous Mat for Base Course Ton 162.75 3.84 624.96 Bituminous Wear Course Ton 22.31 478.24 10,669.53 Bituminous Mat for Wear Course Ton 162.75 21.86 3,557.72 Bituminous Mat for Tack Coat Gal 3.15 13 40.95 Aggregate Base, Class 5 Ton 9.71 122.58 1,190.25 Aggregate Base, Class 2 Ton 11.87 197 2,338.39 Aggregate Shoulder, Class 5 Ton 11.87 285.22 3,385.56 Bituminous Mat for Seal Coat Gal 1.63 1,650 2,689.50 Seal Coat Aggregate Ton 34.13 57 1,945.41 Driveway Repair Bituminous SY 21.00 21 441.00 Driveway Repair Gravel SY 5.25 51 267.75 Topsoil, Seed & Mulch Acre 850.00 0.15 127.50 Topsoil & Sod SY 2.00 1,336 2,672.00 City Project 034: 8" DIP Watermain LF 17.00 15 255.00 Trench Backfill Material Ton 5.00 100 500.00 Trench Foundation Material Ton 10.00 50 500.00 Driveway Repair Gravel SY 5.25 15 78.75 Topsoil, Seed & Mulch Acre 850.00 0.1 85.00 Total 31,349.20 Bituminous Correction LS 4,000.00 1 S4,000.0 Total Change Order $35,349.20 Justification for Change The most significant quantity over -runs are the bituminous restoration quantities. These over -runs were due to a very soft subgrade encountered along County Road 9 and Peony Lane. Deep- strength asphalt was used for the long patch along the north side of County Road 9 due to a soft subgrade. 12 inch thick asphalt was constructed in this area, an increase of 6 inches from plan. Also, subgrade correction was required due to a very soft subgrade along the north side of County Road 9 near Peony Lane. Three (3) feet of soft subgrade was removed for approximately 700 feet and replaced with sand. This accounts for the over -run of trench backfill material. The north bound lane of Peony Lane was paved with a single 4 inch lift of bituminous wear course. It was RCM's opinion, at the time of construction, that the planned 2 -1/2 inch lift of base course would not support mix trucks while paving the wear course due to a very soft subgrade. Subgrade correction of this road was not favorable to City staff, since the south bound lane is in poor condition and Peony is scheduled to be upgraded sometime in the near future. Seal coating quantities were approximately 50% more than estimated. This was due to Hennepin County's requirement that County Road 9 be seal coated from Dunkirk Lane to Peony Lane, including turn and bypass lanes constructed for the school. During design, Hennepin County required that County Road 9 only be seal coated in the area where County Road 9 required removal to allow watermain installation. Aggregate Shoulder, Class 5 quantity was approximately 50% more than estimated. This was caused by shifting of the watermain alignment in the field to avoid a 900 pair U.S. West telephone cable from Xene Lane to Dunkirk Lane. It was assumed during design that U.S. West would relocate the cable prior to construction to allow installation of the watermain without disrupting the County Road 9 shoulder and roadway in this area. U.S. West was informed of this requirement well in advance of construction. Other quantities changes included in the change order are minor over and under runs, typical of a project of this nature. Item #2 of this change order is for bituminous correction work required along the 3,300' long, 6' wide patch on County Road 9. This work was required by Hennepin County to correct cracking and settlement of patch caused by unforeseen site conditions encountered during construction. These conditions included a concrete slab beneath County Road 9 that caused a shearing of the new patch. This concrete slab could not have been removed without extensive cost to the City. Other conditions included a very soft and wet subgrade that could not be fully corrected without more extensive subgrade work. The bituminous correction work included in this change order was also necessary to improve the ride quality of the westbound lane of County Road 9. The 75 day time extension is required to allow the Contractor time to complete punch list items. Project completion time was delayed as a result of a Hennepin County decision to allow roadway patches to settle completely before remedial action be taken by the Contractor. Also, Hennepin County's requirement that the school turn and bypass lanes be seal coated along with County Road 9 seal coating delayed seal coating until after turn and bypass lane construction was completed. GLENDALE CONTRACTING, INC. 3030 Harbor Lane, Suite 213 Minneapolis, MN 55447 612) 553 -0641 August 9, 1991 Rieke - Carroll - Muller & Associates 10901 Red Circle Drive, Box 130 Minnetonka, MN 55343 Attn: Richard J. Kloskin Re: County Road 9 /County Road 101 Trunk Watermain Improvements City Project No. 012 RCM Project No. 10074.01 Gentlemen: 169 (P9 N-- ow m AUG 1. 2 1991 Y0,m Usaruis, bc. 1130 - +opiuns. Minn. 55343 I am requesting a change order in the amount of 4,000.00 for additional costs for bituminous repairs, which had to be done due to unforeseen conditions of county road 9. Please forward a change order in this amount at your earliest convenience. For any questions please call. Respectfully, f4---) OLLV Dale VanNurden Glendale Contracting, Inc. MEMO I, ' CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 14, 1991 For City Council Meeting of August 19, 11991 TO: James G. Willis, City Manager Through Fred G. Moore, Director of Public Works FROM: Daniel L. Faulkner, City Engineer SUBJECT: ORDER PUBLIC HEARING TO VACATE A PORTION OF 10TH AVENUE WITHIN PARKDALE ADDITION AND GLEN GROVE ACRES FIRST SUBDIVISION, HENNEPIN COUNTY, MN ACTION REQUESTED: Set public hearing for September 16, 1991 at 7:00 p.m. to consider the vacation of a portion of 10th Avenue within Parkdale Addition and Glen Grove Acres First Subdivision, Hennepin County, Minnesota. BACKGROUND: LeRoy W. and Patricia Obermiller, Dave Miller, and Kurt and Sally Schwartz, have petitioned the City Council to vacate a portion of 10th Avenue. The petition was submitted because of a July 1, 1991 Council meeting where the extension of 10th Avenue was discussed from Ithaca Lane west to Kingsview Lane in lieu of extending Fernbrook Lane, north to County Road 6. RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council adopt the attached resolution setting a public hearing to consider the vacation of a portion of 10th Avenue North as set forth by the legal description shown on the resolution. Daniel L. Faulkner, P.E. DLF:rcj:kh attachments: Resolution Map Petition CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1991. The following members were present: , The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 91- ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF A PORTION OF 10TH AVENUE WITHIN PARKDALE ADDITION AND GLEN GROVE ACRES FIRST SUBDIVISION HENNEPIN COUNTY, MN WHEREAS, pursuant to M.S.A. 412.851, LeRoy W. and Patricia Obermiller, Dave Miller, and Kurt and Sally Schwartz have petitioned the City Council for the vacation of a portion of 10th Avenue within Parkdale Addition and Glen Grove Acres First Subdivision, Hennepin County, Minnesota. That portion of 10th Avenue from the west plat line of Glen Grove Acres First Subdivision, Hennepin County, Minnesota, to the west right -of -way line of Ithaca Lane extended northerly according to the recorded plat thereof. Also that portion of 10th Avenue from the east plat line of Lot 1, Block 3 to a point 155 feet west of said east line within Parkdale Addition according to the recorded plat thereof. AND, WHEREAS, the City Council has reviewed said request and found the same to be in order; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That it should, and hereby does, establish the date of September 16, 1991, at 7:00 p.m. in the Council Chambers, Plymouth City Center, 3400 Plymouth Boulevard, as the time and place for the public hearing of said petition and directs the administrative staff to publish notice of said hearing as provided by law. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: , The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. GOVT LOT 3 8 2 GOVT LOT 3 671 42 RES PARKERS LAKE FAIN SECOND AVDW z 1(J2) m L 4, 2 do O ,o(47) — lg X«9 55 x 2 137H AVE m RM P AKOKLE EED) AK N 1 (1961) AERIAL PHOTO' 131- r QT. VE N 9 LAKE ----- - 3 i AER!&L PHOTO) SHORELINE AS SHOWN ON PLAYS W. RESIDE Pro Pas ll(SEE DEE Sp BOOR 7&4 P' 85 4e e V& 94) UN 1,S) GR VEI um 0 4) 9) 225) 36) 17) 33) 3) 97t1f, 11 1 ,: - 0y , v 1. A E 19):1 »13(17)!'(2.) N 14) 07) Z A OD 5) 30) 08) A! ( 32) 4(. 19) 10 (35) 4?) (2,q) 32) '2 (25) AVE N- (46) 30 1 poj Rl (19) 22) 17 = - 29 N 1-0 39 it tlX R21) mi 25) (26) ( 4) 4j) IT (44) TV) #4AWN 5 (47) z (28) (27) 45) C;l ( 8) 1 ( LICE 46) 29) 6) (7)• 7). 30) 44) 02) rs 9) S (45) (17) 2 46) GOVT LOT 2 2674.60 RES L ACREAGE - - - - - - - - STORM SEWER DISTRICT BOUNDARY HENNEPIN COUN- SCHOOL DISTRICT BOUNDARY BUREAU OF PU' 8/06/91 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD. PLYMOUTH, MN. 55447 ATTN: MR. KIM BERGMAN, MAYOR DEAR MR. MAYOR THE UNDERSIGNED HEREBY PETITION THE PLYMOUTH CITY COUNCIL TO VACATION THE PAPER STREET SECTION OF 10TH AVE NORTH BORDERING ON THE NORTH EDGE OF LOT #001,3LOCK #003 OF THE PARKDALE ADDITION AT 920 KINGSVIEW LANE NORTH, LOT #001 AND 002 BLOCK #003 OF GLEN GROVE ACRES FIRST SUBDIVISION AT 925 ITHACA LANE AND THE WEST EDGE OF LOT #001, BLOCK #001 OF THE PARKDALE ADDITION AT 925 KINGSVIEW LANE NORTH. THIS SECTION OF 10TH AVE. NORTH HAS BEEN A PAPER STREET FOR OVER 30 YEARS. THE JUNE 12, 1991 MEETING OF THE PLANNING COMMISSION AGAIN RECOMMENDED THAT 10TH AVE. NORTH BE ELIMINATED AS A PAPER STREET ON THE THOROUGHFARE GUIDE PLAN. THE CITY COUNCIL MEETING OF JULY 1 1991 ALSO RECOMMENDED THAT THIS STREET WAS NOT PART OF THE MASTER TRAFFIC PLAN AND A REQUEST TO VACATION THIS PARCEL WOULD BE CONSIDERED. ATTACHED IS A MARKED UP MAP SHOWING KINGSVIEW LANE NORTH AS A DEAD END STREET AS HAS BEEN FOR THE LAST 30 YEARS. THE SECTION OF LAND WE ARE PETITIONING TO VACATION IS SO MARKED. WOULD YOU CONSIDER THIS PETITION ON THE NEXT COUNCIL AGENDA. LEROY W. & PATRICIA OBERMILLER 920 KINGSVIEW QNE NORTH KURT & SALLY SCHWARTZ 925 ITHACA LANE v SINCERELY UNDERSIGNED DAVE MILLER 925 KINGSVIEW LANE NO. Lr r MEMO X k7- #7 -°C' CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 14, 1991 For City Council Meeting of August 19s, 1991 N TO: James G. Willis, City Manager Through Fred G. Moore, Director of Public Works FROM: Daniel L. Faulkner, City Engineer SUBJECT: ORDER PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENTS WITHIN THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 15, ALSO THE SOUTH 40 FEET OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 10 (PROPOSED FERNBROOK TOWNHOMES ADDITION) ACTION REQUESTED: Set public hearing for September 16, 1991 at 7:00 p.m. to consider the vacation of drainage and utility easements within the Northeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 15, also the South 40 feet of the Southwest 1/4 of the Southwest 1/4 of Section 10 (proposed Fernbrook Townhomes Addition). BACKGROUND: Mr. Brian Lubben of Hartford Investments, Inc. has petitioned the City requesting the vacation of drainage and utility easements within the Northeast 1/4 of the Northwest 1/4 of Section 15, also the South 40 feet of the Southwest 1/4 of the Southwest 1/4 of Section 10 (proposed Fernbrook Townhomes Addition). All of the required drainage and utility easements will be on the Fernbrook Townhomes Addition Plat and the existing drainage and utility easements proposed to be vacated will no longer be necessary when the plat is filed with Hennepin County. RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council adopt the attached resolution setting the public hearing to consider the vacation of the drainage and utility easements as set forth by the legal description shown on the resolution. Daniel L. Faulkner, P.E. DLF:rcj:kh t attachments: Resolution Map Petition CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1991. The following members were present: , The following members were absent: its adoption: introduced the following Resolution and moved RESOLUTION NO. 91- ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENTS PARCEL 15- 118 -22 -22 -0011 WHEREAS, pursuant to M.S.A. 412.851, M.S.A. 412.851, Hartford Investments, Inc. has petitioned the City Council for the vacation of the following drainage and utility easements within: Northeast 1/4 of Northwest 1/4 of Northwest 1/4 of Section 15. Also South 40 feet of Southwest 1/4 of Southwest 1/4 of Section 10 except road. A permanent drainage and utility easement over, under, and across the South 6 feet of the West 660.33 feet of the Southerly 40.0 feet of the South half of the Southwest 1/4 of the Southwest 1/4, Section 10, Township 118, Range 22, Hennepin County, Minnesota. Together with a permanent utility and drainage easement over, under, and across the West 6.0 feet of the Northeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 15, Township 118, Range 22, Hennepin County, Minnesota. AND, WHEREAS, the City Council has reviewed said request and found the same to be in order; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That it should, and hereby does, establish the date of September 16, 1991 at 7:00 p.m. in the Council Chambers, Plymouth City Center, 3400 Plymouth Boulevard, as the time and place for the public hearing of said petition and directs the administrative staff to publish notice of said hearing as provided by law. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: , The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. r Itv YA W <- wan o N.M rA.t I P P us) - e t t G t rl of tl.• (II +A io 531 r STORM SE' F9 151 NO . l3) NUy » S O 5 .E D 10i I Stl- L pO_ A 6) tl it 15,; NO 31 w of 2-1 ® ®ao b ..b ( 1JI YIS o "INO (211 : ( 18) .......i ... e _ CONDO NO 632 g n t 7 9 10111 1121 •°"IN ® "" ( 16) R n ESTATES OF 1151 ^ 761 FE9NWOOI. ) A CONDONINIW O 1 9 - P » r« ; D o S !. ..... .1 21= E 5) 1111 ............._.... (.) b', t Y I CL 2 Q'rtcf dr, «t t -- lti- I -y Eas ewleH , Y' vat v 3) (2) 3 Y o tu1J ls> of ( 6) — — — — — ( 3) ., rp A N F w 1 8 -- T rs- tP IF MD NO 2064 a• i'•t ' y 8) .. Y N er .. I ' t s t a t. ri'p ;• i y Q Y 9) r' 2) ny ( 3) ( 2) wtfd y _ r e r 15) 9) ' A ; y Ot a oa w 3P» H 1 tat b N.nA 1M1 i, HARTFORD EN VESTMENTS. INC . August 5, 1991 Dan Faulkner City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Re: Fernbrook Townhomes Dear Mr. Faulkner: We have recently completed the Development Review Process for the above project. Our site consists of 20.86 with several easements recorded on the property. Plans for this project are on file in your department presently. We are working with U.S. West Communications to relocate their easement across the site. We expect to have that accomplished in the next couple weeks. In addition, there are several drainage and utility easements present on the site. Most of these we believe can remain as is. One easement crosses the site from North to South at about the midpoint of the project. We would ask that the city relocate or vacate this easement so that our buildings can be constructed as shown. Please examine this issue and determine how we should proceed. You can reach us at the phone number below if you have questions. Sinc rely yours, AIUJG ' l OL 1 Brian Lu bben, AIAHartfordInvestments, Inc. 7 1991 f Plyrrouth cc: Jack Brandt Suite 110, 7400 France Avenue South / Edina, MN 55435 Telephone: 612 / 832 -9210 Fax: 612 / 832 -9208 MEMO * q-Al CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 14, 1991 For City Council Meeting of August 19, 1991 7DirectorTO: James G. Willis, City Manager Through Fred G. Moore, of Public Works FROM: Daniel L. Faulkner, City Engineer SUBJECT: ACCEPT PETITION, ORDER PRELIMINARY ENGINEERING REPORT, RECEIVE REPORT AND ORDER STREET LIGHT PROJECT FOR PARKERS LAKE NORTH 6TH ADDITION ACTION REQUESTED: Accept petition, order Preliminary Engineering Report, receive report, and order street light project for Parkers Lake North 6th Addition. BACKGROUND: We have received a petition from Mr. Greg Anderson of Laukka Development, the developer of Parkers Lake North 6th Addition, requesting installation of street lighting and prepared a Preliminary Engineering Report for the project. RECOMMENDATIONS AND CONCLUSIONS: I recommend the City Council adopt the attached resolutions accepting the petition, ordering the Preliminary Engineering Report, receiving the report and ordering the street light project. Daniel L. Faulkner, P.E. DLF:rcj:kh attachments: Resolutions Petition Preliminary Engineering Report Map CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1991. The following members were present: , The following members were absent: its adoption: I introduced the following Resolution and moved RESOLUTION NO. 91- DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT STREET LIGHTING - PARKERS LAKE NORTH 6TH ADDITION WHEREAS, a petition has been received from the developer requesting installation of ornamental residential street lighting in the Parkers Lake North 6th Addition. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. A certain petition requesting the improvement of Parkers Lake North 6th Addition by the installation of residential ornamental street lighting, filed with the City Council on August 19, 1991, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformance to Minnesota Statutes Section 429.035. 2. The petition is signed by 100% of the affected property owners and they have waived their rights to public improvement and special assessment hearings. 3. The petition is hereby referred to the City Engineer and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in conjunction with some other improvement and the estimated cost of the improvement as recommended. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: , The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1991. The following members were present: , The following members were absent: its adoption: introduced the following Resolution and moved RESOLUTION NO. 91- RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING PARKERS LAKE NORTH 6TH ADDITION WHEREAS, pursuant to a resolution of the Council adopted August 19, 1991 a report has been prepared by the City Engineer with reference to the improvement of Parkers Lake North 6th Addition by the installation of ornamental residential street lights and this report was received by the Council on August 19, 1991. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The Council finds and determines that said petition was signed by all owners of real property within the plat named as the location of the improvement. 2. Such improvement is hereby ordered as proposed in the Council resolution adopted August 19, 1991. The petitioners have waived their right to a public hearing. 3. The City Engineer is hereby designated as the engineer for these improvements. He shall coordinate the work which will be done by the Northern States Power Company. The motion for the adoption -of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. REc o -VED 10-of AUG 14 1991 CITY OF PLYMOUTH CXY of Ptymoutb PETITION FOR STREET LIGHTS We, the undersigned, do hereby petition the City of Plymouth, Mayor and Council for the installation of street lights in the following area: P^ . 1. &1 '* We do hereby waive our right to public improvement hearings and special assessment hearings on this improvement. NAME I— - - ADDRESS CAaWA DFitI fl.Dp j300 jWyJaA40U6# WAW *Zo! A) g43S PRELIMINARY ENGINEERING REPORT ORNAMENTAL RESIDENTIAL STREET LIGHTING SYSTEM PARKERS LAKE NORTH 6TH ADDITION Attached to this report is a petition received from the developer and /or property owners of 1002 of the property known as Parkers Lake North 6th Addition requesting street lights. The project consists of the installation of ornamental street lights for the plat with the lights to be placed at the locations shown on the attached map. There are four (4) lights at a monthly cost of $13.67 per light for a total cost of $60.28 per month, including contingencies at $.10 per lot. The project would be billed on a monthly basis to all the lots in the addition, a total of 56 lots, which results in an estimated cost of $1.08 per lot per month. The rate quoted above is dependent upon the operating cost for Northern States Power Company under contract franchise with the City of Plymouth. The lights will be their standard "traditional" post top unit mounted on a fiberglass pole and the wiring will be underground from the transformer. The project is feasible and should be undertaken as outlined above. d? til'- r.C` Rea. No. Daniel L. Faulkner 19956 Dated: August 14, 1991 T N o(r26*31* w 100.00 S74 rDoLz o' ac toov, oo oo oolK A oovc cb oosc % uv oovz Ioootc 1-3 0— N., I Cb cptcz lk 41 D 00 6 J- mac 4 VC 152.}) 11399R 0 d' 6'34*U' COURT V Ap A A St A-2M3'54' 66.6, 23,69 Boo 64 oovB 4. 8 v P oooo oo • ol, o. b oo w Cp oo oo. s oo o, zAo 19 s,go'l t.v[Ao cl .......... C9 oc . voc Lo L6 -------- .6t.K.901 - --- ---- L OOC allz - ---------- Lzoz 00 OC.90-V3:.gc.9o-z() s or4 --- stv P SO A OO 10 10o s JS T N o(r26*31* w 100.00 S74 rDoLz o' ac toov, oo oo oolK A oovc cb oosc % uv oovz Ioootc 1-3 0— N., I Cb cptcz lk 41 D 00 6 J- mac 4 VC 152.}) 11399R 0 d' 6'34*U' COURT V Ap A A St A-2M3'54' 66.6, 23,69 Boo 64 oovB 4. 8 v P oooo oo • ol, o. b oo w Cp oo oo. s oo o, zAo 19 s,go'l t.v[Ao cl .......... C9 oc . voc Lo L6 -------- .6t.K.901 - --- ---- L OOC allz - ---------- Lzoz 00 OC.90-V3:.gc.9o-z() s or4 --- stv P SO A OO f • a TWIM CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 15, 1991 For City Council Meeting of August 19, 1991 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: PUBLIC WORKS BUILDING EXPANSION CITY PROJECT NO. 009 q'0 ACTION REQUESTED: Adopt the attached resolution approving Change Order No. 1 for the Public Works Building Expansion Project. BACKGROUND: The start of construction of the Public Works Building Expansion Project was delayed by 11 days due to the temporary restraining order issued as a result of a challenge to the award of the contract from the second low bidder. The temporary restraining order was dissolved and the court did not find any inappropriate actions by the City in the award of the contract. The contractor has requested an extension in the completion date by 11 days due to the temporary restraining order. RECOMMENDATIONS AND CONCLUSIONS: It is my recommendation that the City Council approve Change Order No. 1 granting an 11 day extension to the project completion. There is no change in the contract amount due to the delay in the start of the project. The extension of the completion date would give the contractor until May 26, 1992 to complete the project. Fred G. Moore, P.E. FGM:kh attachments: Resolution Change Order CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1991. The following members were present: The following members were absent: adoption: meeting of the City Council of day of 1 I introduced the following Resolution and moved its RESOLUTION NO. 91- APPROVING CHANGE ORDER NO. 1 PUBLIC WORKS BUILDING EXPANSION CITY PROJECT NO. 009 WHEREAS, Change Order No. 1 has been prepared providing for an 11 day extension of the completion date for the project; and AND WHEREAS, Change Order No. 1 for the Public Works Building Expansion Project, City Project No. 009, is recommended for approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; That Change Order No. 1 for the Public Works Building Expansion, City Project No. 009, is approved extending the completion date by 11 days. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. A . r'. PROJECT: PLYMOUTH MAINTENANCE EXPANSION name, address) City #009 TO CONTRACTOR: Adol fson & Peterson name, address) 6701 West 23rd Street Minneapolis, MN 55426 The Contract is changed as follows: Substantial Completion for the p 1. Heated Truck Storage: 2. Cold Storage: 3. Vehicle Maintenance: 4. Operations (North): 5. Operations (South): 6. Office: 7. Mezzanine: See Letter Attached) CHANGE ORDER NUMBER: 1 DATE: July 28, 1991 ARCHITECT'S PROJECT NO: 83 -9012 CONTRACT DATE: CONTRACT FOR: General Construction hases of work shall be revised to the following: 11/19/91 11/19/91 05/26/92 05/12/92 03/20/92 - 05/26/92 01/20/92 05/26/92 Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) was ........................ S 3,509,830.00 Net change by previously authorized Change Orders ............................... $ 0.00 The (Contract Sum) prior to this Change Order was .......... $ 3,509,830.00 The (Contract Sum) (Cimararxeed4hmtanumfriee) will be &vreased( Creased) unchanged) by this Change Order in the amount of ............................ $ 0.00 The new (Contract Sum) (Cnaranteed-Maaeimtu- A- Priee) including this Change Order will be .. E 3,509,830.00 The Contract Time will be ( increased) (ekereased) (unelranged) by ( 11 ) days. The date of Substantial Completion as of the date of this Change Order therefore is beyond original Stated for each phase above. substantial completion NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive. BRW Architects, Inc. ARCHITECT 100 Third Street South Address DATE Adolfson & Peterson CONTRACTOR 6701 West 23rd Street Address Minneapolis, _ , MMN 55426 BY ` U • -11 DA4 / if I 'Z/ AIA DOCUMENT G701 • CHANGE ORDER • 1987 EDITION • A1A4' • ©1987 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 City of Plymouth OWNER 3400 Plymouth Boulevard Address Plymouth, MN 55447 BY DATE G701 -1987 CHANGE OWNER ARCHITECT 0 ORDER CONTRACTOR FIELD F1 AIA DOCUMENT G701 OTHER PROJECT: PLYMOUTH MAINTENANCE EXPANSION name, address) City #009 TO CONTRACTOR: Adol fson & Peterson name, address) 6701 West 23rd Street Minneapolis, MN 55426 The Contract is changed as follows: Substantial Completion for the p 1. Heated Truck Storage: 2. Cold Storage: 3. Vehicle Maintenance: 4. Operations (North): 5. Operations (South): 6. Office: 7. Mezzanine: See Letter Attached) CHANGE ORDER NUMBER: 1 DATE: July 28, 1991 ARCHITECT'S PROJECT NO: 83 -9012 CONTRACT DATE: CONTRACT FOR: General Construction hases of work shall be revised to the following: 11/19/91 11/19/91 05/26/92 05/12/92 03/20/92 - 05/26/92 01/20/92 05/26/92 Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) was ........................ S 3,509,830.00 Net change by previously authorized Change Orders ............................... $ 0.00 The (Contract Sum) prior to this Change Order was .......... $ 3,509,830.00 The (Contract Sum) (Cimararxeed4hmtanumfriee) will be &vreased( Creased) unchanged) by this Change Order in the amount of ............................ $ 0.00 The new (Contract Sum) (Cnaranteed-Maaeimtu- A- Priee) including this Change Order will be .. E 3,509,830.00 The Contract Time will be ( increased) (ekereased) (unelranged) by ( 11 ) days. The date of Substantial Completion as of the date of this Change Order therefore is beyond original Stated for each phase above. substantial completion NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive. BRW Architects, Inc. ARCHITECT 100 Third Street South Address DATE Adolfson & Peterson CONTRACTOR 6701 West 23rd Street Address Minneapolis, _ , MMN 55426 BY ` U • -11 DA4 / if I 'Z/ AIA DOCUMENT G701 • CHANGE ORDER • 1987 EDITION • A1A4' • ©1987 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 City of Plymouth OWNER 3400 Plymouth Boulevard Address Plymouth, MN 55447 BY DATE G701 -1987 i Adolfson & '91 PetemaN Inc. Total Construction Services" 6701 West 23rd Street Minneapolis, Minnesota 55426 July 23, 1991 612) 544 -1561 BRW Architects 700 3rd Street S. Minneapolis, MN 55415 Attention: Jeff Oertel RE: Plymouth Maintenance Building Expansion Plymouth, Minnesota BRW Project #83 -9012 City of Plymouth Project #009 Restraining Order Delay Dear Jeff: Mailing Address: P.O. Box 9377 Minneapolis, Minnesota 55440 FAX (612) 525 -2333 FAX (612) 525 -2334 Due to the delay caused by the restraining order prohibiting Adolfson & Peterson, Inc. from starting construction on the above referenced project, Adolfson & Peterson, Inc. is requesting eleven (11) additional calendar days to be added to our contract completion dates as specified in the specifications. If you have any questions please call me at 525 -2303. Sincerely, ADOLFSON & PETER IN . T W. Stutz roject Manager TWS /eeh cc: Ken Seppelt file 3039 IEN(I ti IYEI.. 9 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 15, 1991 For City Council Meeting of August 19, 1991 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: FIRE STATION NO. 1 CHANGE ORDER NO. 4 CITY PROJECT NO. 825 ACTION REQUESTED: Adopt the attached resolution approving Change Order No. 4 for Fire Station No. 1. This change order increases the contract amount by $16,138. BACKGROUND: The contractor has completed all of the "punch list" work on reconstruction of Fire Station No. 1. During construction of the project, several construction issues arose because of conflicts in the specifications and in the plans. Items that were required to complete the project as intended were not clearly defined in the specifications. Attached is proposed Change Order No. 4 which lists these nine items. Also included in the change order are two items which are deductions from the contract for work not performed. The total change order increases the contract amount by $16,138. RECOMMENDATIONS AND CONCLUSIONS: The items included in this change order were necessary to compete the project. Since they were not indicated in the specifications, a change in the contract amount is due the contractor. I concur with the architect's recommendation that Change Order No. 4 be approved increasing the current contract amount from $730,657 to $746,795. Fred G. Moore, P.E. FGM:kh attachments: Resolution Proposed Change Order No. 4 CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1991. The following members were present: The following members were absent: adoption: meeting of the City Council of day of introduced the following Resolution and moved its RESOLUTION NO. 91- APPROVING CHANGE ORDER NO. 4 CONSTRUCTION OF FIRE STATION NO. I CITY PROJECT NO. 825 WHEREAS, Change Order No. 4 has been prepared providing for the following: 1. Add two louvers to mechanical room. 2. Increase length of lentil beams. 3. Provide material for turnout racks. 4. Provide box spring and mattresses. 5. Add flow control alarm panel. 6. Add one fire alarm horn. 7. Add extension to fire hydrant and post indicator valve. 8. Revise water closet to meet handicapped code. 9. Hand dig around fiber optic lines. 10. Omit plaque from the contract. 11. Delete timer controls on overhead doors. AND WHEREAS, Change Order No. 4 for Fire Station No. I, City Project No. 825, 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 Fire Station No. I, City Project No. 825, by adding $16,138 is recommended for approval Original Contract Amount $726,000.00 Previous Change Orders - ADD 4,657.00 THIS CHANGE ORDER NO. 4 - ADD 16.138.00 REVISED CONTRACT AMOUNT.......... $746,795.00 The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. S CHANGE Distribution to: ORDER OWNER ARCHITECT AIA DOCUMENT G701 CONTRACTOR FIELD OTHER PROJECT: Fire Station No. 1 CHANGE ORDER NUMBER: 4 name, address) Plymouth, Minnesota INITIATION DATE: 12 -28 -90 TO (Contractor): F ARCHITECT'S PROJECT NO: 89026 Palani Construction, Inc. CONTRACT FOR: General, Mechanical and 5661 International Parkway Electrical Construction Minneapolis, MN 55428 CONTRACT DATE: 5 -3 -90 You are directed to make the following changes in this Contract: The following change order items are due to the interpretations by the General Contractor of certain items that were not already stated on the contract documents or were overlooked by him at time of bidding. 1. The addition of two louvers with motorized dampers in the Mechanical Room. These were part of the alternate to add the emergency generator. The sizes were not known until the generator shop drawings were submitted. Add: $3,369.00 2. Adding 8" to the length of the steel lentil beams and other miscellaneous steel items. Add: 2,250.00 3. Adding the turn -out racks, these were fully detailed on the drawing but were not clearly specified. No bid was received material cost only). Add: 8,266.00 ut '.,11ici ;:nhi Ltnc(: !)v !)w!, !I'.." O•.Nncr and :A.r( h:h•r I. h ni hrm;uth, includin am adlu,micilt in the Contract Sum or Contract Tula'. i_r..run thr Cowrachir indicate• • as;menu 726,000.00 The original Contract Sums i was ... • • • . • • • • • • • • . • . • 5 4,657.00 Net chan,e by previously authorized Change Orders .... ............................... prior to this Change Order was .......... S 730, 657.00 The Contract Sum, The Contract Sum) X=yMXxKXxXKPMXXKX will be tincreased! 16,138.00 bythis Change Order ................ ... ............................... including this Change Order will be 5 746,795.00 The new Contract Sum) a,XYTi (unchanged) by 0 ) Days. The Contract Time will be Xya Substantial Completion as of the date of this Change Order therefore is 11 -17 -90 The Date or Authorized: Tnr_ City of PlymouthY Trossen Wti_ght Ar. ^?i *c^r- P_A, Palani Conafrt rtion- AR HITECT co 23 CT Street Suite 5 internationalR Pkwv. Owl 34 0 Plymouth Boulevard 485 Sibley _ Acldre Address Are scicl St. Paul MN 101 -1931 Minneapolis, MN 55428 Plymouth. MN 55447 eJ BY BY BY Zvi ` < D ATE DATE U 1T°iLC.- A1A DOCUMENT 6701 CHANGE ORDER 1 Rn 1e7a EDITIr)\ :1A' -' 1`1711 HINt Tc t) 171, ) . C. _nnnr 6701 — 1978 TIDE \1,1F1(7a\ Nti11TUTE ()F , \RCHITECTS. Fire Station No. 1, Plymouth, Minnesota Change Order No. 4 Page 2 4. Adding box spring and mattress. Specified wall beds were by model number only; they should have included the box spring and mattress, but did not. Add: 948.00 5. Adding flow control alarm panel. Existing panel was to be saved and reused, but was removed and retained by the monitoring company; it was owned by them. This one is now owned by the City of Plymouth. Add: 350.00 6. Add one fire alarm horn. Two were required by the fire inspector. Only one is required by code and was specified as so. Add: 94.00 7. Adding extensions to the fire hydrant and post indicator valve. Because of the difference in elevation of the finished grade the pipes on the existing hydrant and valve were to short. Add: 840.00 S. Revising water closet from regular to handicapped to meet code. Add: 394.00 9. Hand digging required to install post- indicator valve and fire hydrant on south side around fiber optic lines. Add: 450.00 10. Omitting the plaque from the contract. Deduct: 600.00 11. Not installing timer controls or overhead doors. Deduct: 225.00 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 15, 1991 For City Council Meeting of August 19, 1991 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: PAYMENT NO. 8 AND FINAL FIRE STATION NO. I CITY PROJECT NO. 825 q_p_2' ACTION REQUESTED: Adopt the attached resolution accepting the work and authorizing final payment for Fire Station No. I. BACKGROUND: All of the work on Fire Station No. I has been completed and it is recommended by the architect that the project be accepted. We are encountering some problems with the floor surface in the apparatus room, but the manufacturer of the material has agreed to redo the floor under the warranty provisions of the project. RECOMMENDATIONS AND CONCLUSIONS: It is recommended that the City Council accept the work and authorize final payment in the amount of $19,788. Fred G. Moore, P.E. FGM:kh attachment: Resolution CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1991. The following members were present: , The following members were absent: its adoption: introduced the following Resolution and moved RESOLUTION NO. 91- REQUEST FOR PAYMENT NO. 8 AND FINAL FIRE STATION NO. I CITY PROJECT NO. 825 WHEREAS, the City of Plymouth as owner and Palani Construction, Inc., as contractor, have entered into an agreement for the construction of Fire Station No. 1, City Project No. 825, said agreement being dated May 3, 1990; and WHEREAS, the architect, Trossen- Wright Associates, has certified their acceptance of the work and their 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 $726,000, four change orders were approved in the amount of $20,795 and the value of the work to date is $746,795. 2. That the work performed by the Contractor for construction of Fire Station No. I 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. 8 and Final in the amount of $19,788 to Palani Construction, Inc. for Fire Station No. I is hereby approved and the City Finance Director is hereby authorized and directed to pay the same forthwith. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. v v 0 N v 0 w U G u 4 0 Ww w V Q E C. Q 10:20 e 1 r Z J G y O Z a Z U zx 0 u 1 C T O C C ON r z N G 5 O G tad G.0 W w 0< a e 1 r Z J J O c v N IR ro v Eo` Q E tN o CV y O Z r•• : r u 1 4 T O r N nW tad G.0 O L a+U i LA E, r- Lcv U QJ x000 S Nu v G P- ttS f-f u as V4 N C) rpl Vv_ L M +j G 0 W tnLr) L' i tT S yi x p N O cp Y•"' M pM.0 H A W *-{ L r 0 P64 0 U C) ow c, C W Ca U O GUMG. L) V v Z < y< I Z p OO" 0 U < OZU F cc r Z J O c v N IR ro v Eo` Q E tN o CV W 0 tL Z 0 O Q r0 V Z r•• : r N TF.'OSSEN /WP. I GHT %0 NO. 002 1 r O r N nW co T f r- j"' r QJ x0000 T J = r P- C) Vv_ G 0 O0 tT p N O cp Y•"' M pM.0 H A r N U a.0 c E+ Q 1.; V"'Z'' 0 N C W Ca U O Z ^ U. LUz u Va 0..r.LC6 V v Z < y< I I v rt H r p OO" n ce< r 0 V= OZU F cc r I.y L'•; Q N D n C .. W 0 tL Z 0 O Q r0 V J v, CJ O m r.- UO L d N V • _ C a V_ v O v _ U.45 V i L) Z 0 U 002 C 5 O O S W U r Z d < U O Z n C E :C 0 O c'o wJr L = v ? X C -Z Z 1 N nW co v I QJ x0000 Ld J = r P- C) Vv_ G 0 O0 tT p N O A r N U N D 4 n CC+ v v ch.7 v Z 7JUa J v, CJ O m r.- UO L d N V • _ C a V_ v O v _ U.45 V i L) Z 0 U 002 C 5 O O S W U r Z d < U O Z n C E :C 0 O c'o wJr L = v ? X C -Z r L c E v I QJ x Ld J = r Vv_ r L c E CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 7 -4 DATE: August 15, 1991, for Council Meeting of August 19, 1991 TO: James G. Willis, City Manager FROM: Laurie Rauenhorst (Cjr-y Clerk, through Frank Boyles, Assistant City Ma ger SUBJECT: GARBAGE HAULER LICENSE APPLICATION ACTION REQUESTED: The City has received an application for a garbage hauler license from Northern Disposal Inc., Roseville. Northern Disposal will be operating commercial service only. The attached resolution approving the license is recommended for adoption. 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 day of , 1991. The following members were present: The following members were absent: introduced the following resolution and moved its adoption: RESOLUTION NO. 91- APPROVING GARBAGE HAULER LICENSE FOR NORTHERN DISPOSAL INC. WHEREAS, an application for a garbage hauler license has been received from Northern Disposal Inc., of Roseville, Minnesota, and WHEREAS, all required fees and proof of insurance has been provided. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Plymouth that a garbage hauler license is hereby granted to Northern Disposal Inc., for the period August 20, 1991, through March 31, 1992. The motion for adoption of the foregoing resolution was duly seconded by , and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the resolution was declared duly passed and adopted. MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 8, 1991 for Council Meeting of August 19, 1991 TO: James G. Willis, City Manager FROM: Karen E. Cheesbrough, Sr. Clerk /Typist through Frank Boyles, Assistant City Manager SUBJECT: CIGARETTE LICENSE ACTION REQUESTED: The City has received an application for a Cigarette License. All fees have been paid as required for licensing. The attached resolution approving the cigarette license is recommended for approval. kec attachment CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of 19_. The following members were present: The following members were absent: and moved its adoption: introduced the following Resolution RESOLUTION NO. 91- APPROVING 1991 CIGARETTE LICENSE APPLICATION WHEREAS, application for a Cigarette License has been received from the party listed below in accordance with Chapter II, Section 1150.01 of the City Code. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the Cigarette License application from the party listed below be approved for the period of August 19, 1991 through December 31, 1991. Terrance V. Helz Gateway Foods, Inc. 1637 St. James Street LaCrosse, WI 54601 Rainbow Foods 4190 Vinewood Lane Plymouth, MN 55442 The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. rA MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 A DATE: August 15, 1991 For City Council Meeting of August 19, 1991 TO: James G. Willis - City Manager through Richard J. Carlquist - Public Safety Director -- FROM: Stan Scofield - Fire Prevention InspectorS- SUBJECT: FIRE ALARM ORDINANCE AMENDMENTS PERTAINING TO RECENT FALSE FIRE ALARM TASK FORCE ACTION REQUESTED: That the City Council pass the enclosed Ordinance amendment by adding a new Subsection, 1155.19, Maintenance of Fire Alarm Systems and amending Section 1010.01, paragraph (b), and adding a new paragraph (c), which will increase the permit fee for false fire alarms from a second permit fee of $200 in increments of $100 up to a fifth and subsequent permit fee of $500. Single family residences will not be affected by this increase. BACKGROUND: At the regular Council meeting held on July 22, 1991, the Public Safety Director presented the results of a False Fire Alarm Task Force. As a result, the Council directed staff to prepare recommended Ordinance amendments and policy changes that need to be in place and reflect the task force's recommendations. The enclosed Ordinance amendment addresses the City Council's direction. I have also included a Fire Department policy relating to maintenance of fire alarm systems. This particular policy dovetails with the new subsection added on Maintenance of Fire Alarm Systems. The amended permit fees i.e. the increase from $200 to $500 does not affect single family residences. RECOMMENDATIONS AND CONCLUSIONS: It is recommended that the City Council approve the new subsection on Maintenance of Fire Alarm Systems and amend the City Code, increasing the permit fees on false fire alarms up to a maximum of $500 for the fifth and subsequent reissued permits. SC /RJC /sb Enclosure AL I,= 15 ' 91 11: 54 HCILPIES ORDINANCE NO. 91- AN ORDINANCE RELATING TO PUBLIC SAFETY AND MAINTENANCE OF FIRE ALARM SYSTEMS AND ADDING SUBSECTION 1155.19 TO THE PLYMOUTH CITY CODE THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS: F.2 Section 1. The Plymouth City Code, is amended by adding a new subsection to read: 1155.19 _Maintenance of Fire Alarm Systems. All new and existing fire alarm systems, except for those in single family dwellings as defined in Section 4, Subdivision B of the Zoning Ordinance, that are monitored by a central station, remote station, auxiliary station or proprietary station as defined in the National FireProtectionAssociationStandards71and72shallbemaintainedin accordance with the Plymouth Fire Department policy as promulgated by the Public Safety Director on maintenance of fire alarm systems. The maintenance shall include a semi - annual cleaning, inspection and testing of all fire alarm systems initiatingandsignalingdevicesthatareinterconnectedtothefirealarm system. Automatic fire sprinkler systems water flow inititiating devices shall be tested and inspected bimonthly in accordance with the Plymouth Fire Department policy. Sec. 2. The Plymouth City Code, Section 1010.01, subd. 8, para. (b) is amended to read: b) Reissued Permits during the calendar year for Fire Alarm Systems in single famil dwellin s: First resissued permit $ 100 Subsequent reissued permits $ 200 Sec. 3. The Plymouth City Code, Section 1010.01 subd. 8 is amended by adding a new paragraph to read. c) Reissued permits during the calendar year for Fire Alarm Systems in other than single family dwellings: First reissued permit 100 Second reissued permit 200 Third reissued permit 300 Fourth reissued permit 400 Subsequent reissued permits 500 Sec. 4. This Ordinance is effective on the date of its publication in accordance with Subsection 110.11. ATTEST: City Clerk 1 Mayor I PLYMOUTH FIRE DEPARTMENT POLICY MAINTENANCE OF FIRE ALARM SYSTEMS Maintenance of the fire alarm system shall include the following: 1. A semiannual cleaning, inspection and testing of fire alarm system. initiating devices and signaling devices. a. Exception: automatic fire sprinkler system waterflow initiating devices shall be inspected and tested bimonthly. 2. All other components of the fire alarm system shall be inspected and tested at the frequency required in the current edition of National Fire Protection Association (NFPA) standard 72E and 72H. a. Smoke detector sensitivity shall be tested and in compliance with the manufacturer's specification within one year after installation of the detector and every alternate year thereafter. Detector sensitivity shall be assured by testing procedures noted in NFPA 72E. 3. Cleaning, inspection and tests shall be done as required by the manufacturer of the devices and as noted in the current edition of NFPA 72E. 4. The cleaning, inspection and tests shall be done by a fire alarm company that is approved by the Plymouth Fire Department. 5. Reports of cleaning, test results, and inspections shall be forwarded to the Plymouth Fire Department. Reports are due on or before January 31 and July 31 of each year. 6. Fire alarm system initiating devices and signaling devices shall be inspected, and replaced if necessary, after damage to the device or contamination of the device. a. Devices are considered contaminated after exposure to foreign objects. Foreign objects include, but are not limited to, smoke, water, dirt. b. Replacement of the initiating device or signaling device shall be within 12 hours of damage or contamination of the device. c. Fire alarm systems with a U.L. 71 Certificate shall be repaired and reset according to the certificate requirements. d. A fire watch by building personnel is required every thirty minutes throughout the building until a fire alarm company replaces the damaged or contaminated device and resets the fire alarm system. e. Fire Department must be immediately notified by the fire •alarm user and /or the fire alarm company after the fire alarm system has been repaired and reset. Over Definitions: Fire watch - building staff walk through the building every 30 minutes checking for fire or smoke until the fire alarm system is repaired and reset to normal operating condition. Initiating device - a manual or automatic device which, upon activation, produces an alarm that is intended to notify building occupants of a fire condition in the building. Initiating devices typically detect the presence of smoke, flame, heat, or water flow. Signaling device - a device which produces an audible or visible alarm signal, or both, in response to activation of an initiating device. r MEMO y_ 6 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 13, 1991 For City Council Meeting of August 19, 1991 TO: James G. Willis - City Manager FROM: Richard J. Carlquist - Public Safety Director SUBJECT: ORDINANCE AMENDMENT AUTHORIZING THE ISSUANCE OF PERMITS FOR THE HUNTING OF DEER ON APPROVED PARCELS OF LAND IN NORTHWEST PLYMOUTH ACTION REQUESTED: That the City Council approve an Ordinance amendment to the Plymouth City Code, Subsection 930.01, and adding a new section, 930.09, which will authorize the hunting of deer by bow in parcels of land greater than 10 acres in size in northwest Plymouth. BACKGROUND: Every year since 1985, problems caused by deer in the community, (chiefly the destruction of agricultural crops and motor vehicle accidents), has been an agenda item reported before the City Council. During the past three presentations made before the City Council, i.e. September 24, 1990, April 1, 1991, and July 22, 1991 the Council directed staff to provide more information, as well as a proposed hunting option and the legal and liability issues involved. I checked with Bob Pemberton, the City's Risk Coordinator, concerning any real or perceived liability. He indicated that as long as the hunt would be in conjunction with a regular DNR season and on private property subject to owner considerations, he did not see any liability for the City. I spoke with the DNR Wildlife Supervisor for the Plymouth area. His name is Roger Johnson. He indicated that the deer season for archery hunters is September 14th through December 31, 1991. Mr. Johnson suggested that we have some type of followup survey in place so that we could determine the amount of deer harvested. He also said that the land owners would take care of limiting the number of hunters and the times that they may be on their property. In short, Mr. Johnson stated that there is little need to regulate and manage "who" may hunt and "when ", as the land owners and bow hunters take care of any problems. With respect to legal considerations, I discussed with our City Attorney the needed code changes that would be necessary to authorize deer hunting by bow in Plymouth. The enclosed proposed Ordinance amendment is the outcome of several discussions with the Attorney and City staff. James G. Willis August 13, 1991 Page 2 I believe that it is possible to conduct an experiment over the next three years to determine if harvesting deer will reduce motor vehicle /deer collisions on our highways located in the northwest part of Plymouth. For several years we have been gathering statistics about such collisions, as well as conducting aerial surveys of the number of deer located in northwest Plymouth. So we appear to be in good statistical shape in order to make comparisons and draw conclusions. I am proposing that an experimental design be implemented that would compare the incidence of motor vehicle /deer collisions in the northwest part of Plymouth (experimental area) vs. the northeast part of Plymouth (the control area). In the past five years there have been 231 motor vehicle /deer collisions on roads bounded by an area north of a line drawn east along Medina Road to Dunkirk Lane, north on Dunkirk Lane to Highway 55, east on Highway 55 to Vicksburg Lane, then north to Vicksburg Lane to the northern border of the City. I will attempt to prove the following null hypothesis: THERE IS NO SIGNIFICANT DIFFERENCE BETWEEN THE RESPECTIVE NUMBER OF MOTOR VEHICLE /DEER ACCIDENTS IN THE PROPOSED EXPERIMENTAL AREA WHERE BOW HUNTING HAS BEEN AUTHORIZED AND THE CONTROL AREA. To set the stage for this topic, a seven minute taped report on the deer problem in Philadelphia that was aired on the Good Morning America show August 5, 1991 will be shown. RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council pass the amended Ordinance 930.01, and the added new section, 930.09, which will authorize bow hunting of deer in northwestern Plymouth. 1 i_b:= 13 'tit 10: _io HC L(9E _. GF,'A'•,'EI'I ORDINANCE NO. 91- AN ORDINANCE RELATING TO PUBLIC SAFETY AND AUTHORIZING THE ISSUANCE OF PERMITS FOR THE HUNTING OF DEER IN CERTAIN AREAS OF PLYMOUTH THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS: read: Sec. 1. The Plymouth City Code, Subsection 930.01 is amended to read: P.5 930.01 Discharging of Flrear" 'Weapons. No person shall shoot or discharge any firearm, air rifle, pellet gun, crossbow, bows or any other weapon within the corporate limits of the City except as follows: a) Persons duly authorized to act as law enforcement officers, or members of the military forces of the United States or the State of Minnesota in the discharge of their duties. b) Persons engaged in target shooting, with inanimate objects as targets within a building or structure totally enclosed where the sound of the shooting or discharge will not be a nuisance to persons occupying adjacent property. c) Persons engaged in target or trap shooting on target or trap shooting ranges licensed as such by the City. d) Persons acting in self- defense when the use of firearms for that purpose would not be otherwise unlawful. e) For the destruction of animals, birds, or reptiles which are diseased, injured, dangerous or causing destruction to property by persons specifically authorized to do so by the City Manager. f) Persons engaged in target shooting with bows and arrows, provided that such target shooting does not occur within 300 yards of any dwelling. Persons hunting deer by means of bow and arrow as allowed by Section 930.09 of the Plymouth City Code. Sec. 2. The Plymouth City Code is amended by adding a new section to 930.09 Subdivision 1. Bow Hunting Season. Persons may hunt deer by means of bow and arrow in the City of Plymouth during regular Minnesota State bow and arrow deer hunting season if they hold a valid Minnesota bow and arrow deer hunting license and a valid Plymouth City deer bow hunting permit. Subd.2. Permits. a) Bow hunting permits shall only be issued to hunt on private property. 1 HI_li._ 1 91 1F1: Fri H(UlE= _. GRH'•.'El l F.6 b) No City permit shall be issued to hunt on any parcel of land that is less than ten (10) acres in size and only on property which is located north of a line drawn east along Medina Road to Dunkirk Lane, north on Dunkirk Lane to Highway 55, East on Highway 55 to Vicksburg Lane then north on Vicksburg Lane to the northern border of the City. No permit shall be issued to hunt within 500 feet of a school or church. c) No City permit shall be issued unless the applicant provides proof in the form of written authority from the owner of the land that permission has been granted to hunt on the property. A landowner can impose any restrictions or requirements they wish on the granting of permission to hunt, including regulating the dates or times the permit is valid; provided, however, no restriction shall be in conflict with State law or any City Ordinance. d) How hunting permits issued pursuant to this section are valid only when all the requirements of the Plymouth City Code and the Minnesota hunting regulations are complied with. e) A bow hunting permit issued under this section is valid only for hunting on the property of the landowner who has granted permission under this section. It is the responsibility of the permit holder to know the boundaries of the land on which they are authorized to hunt. Subd. 3. Proof of permission. The proof of written permission from a landowner shall be on a form provided by the City. The form shall state: I. The full name, date of birth and address of the applicant. 2. The name, address and phone number of the property owner. 3. A description of the property on which the hunting is to be allowed. 4. Any restrictions on the use of the property for hunting. 5. Any other information the City Manager determines is relevant. Subd. 4. Revocation. A permit issued under this section is subject to suspension or revocation for a violation of any of the requirements of this section or for any of the reasons set forth in Section 1005.21. a) Notice. A permit holder shall be notified by certified mail at the address listed on his /her bow hunting permit application of the City's intent to revoke their bow hunting permit, and their right to a hearing within ten days before the City Manager for a determination as to whether or not a violation of this section occurred. If the permit holder does not request such a hearing within ten days, the City Manager shall make such order as he deems proper. b) Hearin . If the permit holder requests a hearing for a determination as to whether the permit should be revoked, such hearing shall be held at a date no more than two weeks after the demand for such 2 AUG 1 "31 10:09 HOLME' =; _. t F'i i'•:'EYJ P.r hearing. Any records or reports from the police department, animal control officers, or officers of the Minnesota Department of Natural Resources shall be admissible without further foundation. After considering all the evidence, the City Manager shall determine whether or not to revoke the permitee's bow hunting permit. c) lneliibility. Any person who has had their bow hunting permit revoked pursuant to this section is ineligible to obtain a bow hunting permit for the next hunting season. Subd. 5. Subsequent Seasons. A bow and arrow deer hunting season is authorized for the hunting season beginning in the fall of 1991. Each subsequent year, on or before August 1, the City Manager shall determine and report to the Council if the public safety and conservation interests of the City justify allowing a bow hunting season for deer in the City the upcoming season. The City Council will then make a determination whether the City Manager is authorized to issue permits for the upcoming season. Subd. 6. Survey. The City Manager is authorized to prepare a survey card to be distributed to all permit holders to determine the number of deer taken, the location the deer were taken, the sex of the deer taken and any other information the City Manager feels is relevant to make informed decisions on the management of the deer population in Plymouth. Failure to return the survey card shall be grounds to deny a bow hunting permit for the next season. Subd. 7. Permit Fees. The City Clerk shall charge an administrative fee for processing the application and issuing the permit authorized by this section as provided for in section 1015.21 of the Plymouth City Code. Subd. 8. Violations. Violation of any of the terms of a permit issued under this section is a misdemeanor. Sec. 3. Section 1015.21 of the Plymouth City Code is amended by adding the following provision: Bow and arrow deer hunting 10 permits Sec. 4. This ordinance is effective upon its passage and publication in accordance with Section 110.11. ATTEST: City Clerk 3 Mayor R vt wa va va a a 2 rg. Vs`:: i #: u s;i:`p:$• 88 = t: a g 8g 3.88888 % 8 84$$88 8X8'_- Y- 8- - - - - - -88 $ T - 8 - - IJ' W, rt'jograrzi, IF Nj rA Arl s gyp \ ' _ — Y _ 1 1 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 15, 1991 For City Council Meeting of August 19, 1991 TO: James G. Willis, City Manager FROM: Community Development Director Blair Tremere SUBJECT: ESTABLISHMENT OF TASK FORCE FOR OUTDOOR TRASH CONTAINERS F_c ACTION REQUESTED: Establish Task Force to review City standards regarding use of outdoor trash containers dedicated to recycling and approve the charge to the Task Force. BACKGROUND: The City Council at the August 5, 1991 meeting reviewed a report on enclosure of containers used for trash, garbage, and recyclable material" which we prepared at the Council direction. A representative of one of the licensed haulers in the City had suggested that the City's regulations regarding the screening of containers placed outside a building could have an adverse effect on the recycling efforts that now include source separation by commercial and industrial establishments as well as multi - residential and single family residential owners. The Council discussed the subject and reviewed slides of how containers are placed throughout the community now. The Council acted to establish a task force and directed staff to return with a recommendation as to both membership and the charge for the task force. PRIMARY ISSUES AND ANALYSIS: The situation is that the City now has standards that do apply to what is happening in the field and those standards by law should be enforced if there are violations. It is important to note this because the situation is not one of speculating as to whether standards should be adopted and subsequently enforced. It is basically a question of whether the standards should be amended to address a particular situation. see next page) Page Two The Council indicated the task force membership should result from a l publicized solicitation of interested people and that could include the following: Representation by local commercial service /retail establishments; representation by local industrial establishments; representation by licensed trash haulers; and representation by other groups such as the Twin West Chamber of Commerce. It is understood that staff representation would also be provided, probably by the Community Development Coordinator and the Recycling Coordinator. Thus, if the Council agrees with that general structure a news item could be relayed through various media asking for expressions of interest by persons who would serve on such a task force. The Council could also determine the generic structure of the task force and then, from its knowledge, designate that certain persons be contacted who do represent the various interests. The representative of BFI Waste Systems for example have volunteered to serve on such a task force if the Council so desires. The charge to the task force could simply focus on the current zoning standard, the current reality of how source separation is being undertaken by various nonresidential establishments, and an evaluation of how the apparent compliance /enforcement problem can be corrected. Background material such as that in the July 22, 1991 report could be provided to the task force; that report raised several questions that should be answered in order to reach the conclusion about how the community wants to deal with this matter. A possible charge then to a task force would be: to review current City ordinance and code standards regarding outside storage of trash containers; to review current and anticipated requirements of recycling and source separation programs; and to develop findings and recommendations for the City Council which needs to determine whether exemption and /or different treatment is warranted for containers dedicated to recycling and source separation for those properties and businesses which are now required to screen and enclose the containers. CONCLUSIONS AND RECOMMENDATIONS: The Council needs to determine whether the City standards should be changed to address a current situation involving the outside storage of trash containers. The Council has indicated that a task force should be assembled for purposes of advising Council on this issue and that the task force should be comprised of parties who would be interested in or affected by the decision. Publicity can be developed soliciting indications of interest by persons who would serve on such a task force so that the Council can select members; the Council could in the alternative just determine the structure of the task force and designate known persons to begin work reflected in the charge. see next page) Page Three I recommend that the Council first determine the structure of the task force and how it wishes to then fill the seats on the task force. I recommend that at least the Community Development Coordinator and the Recycling Coordinator be assigned to the task force as exofficio administrative and technical support persons. The task force should be compact and yet representative so that the subject can be reviewed and so that a response can be developed for the City Council as soon as possible. I recommend that the Council then adopt the charge as stated and establish a timeframe within which the appointments are to be made and the work of the task force is to be completed. It is my view that if the task force can be assembled by the second meeting in September, a report should be available by the first meeting in November. ATTACHMENTS: 1. July 22, 1991 Report 2. August 14, 1991 Letter from Jeff Crees, BFI Waste Systems cc /bt /trash:jw) 4- R e7 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: July 22, 1991 For City Council Meeting of August 5, 1991 TO: James G. Willis, City Manager FROM: Community Development Director Blair Tremere SUBJECT: ENCLOSURE OF CONTAINERS USED FOR TRASH, GARBAGE, AND RECYCLABLE MATERIAL ACTION REQUESTED: Review and accept the report. Provide direction as to whether amendments to City Code and /or Zoning Ordinance should be prepared. BACKGROUND: The City Council at the Open Forum on May 21 was told by a representative of BFI, Incorporated that Zoning Ordinance regulations regarding the screening of containers stored out -of -doors impeded recycling efforts in the commercial and industrial areas. BFI and other trash haulers have been locating additional containers -- usually dumpsters - -on commercial and industrial sites. These are intended for materials which are separated at the source and which are defined as recyclable (paper is a major item). The Council directed that staff suspend for sixty days any enforcement actions that were at the point of prosecution and review ordinance provisions for applicability to recycling program containers. The Community Development Department has been enforcing the Zoning Ordinance requirements City -wide in response to citizen complaints, information received from Councilmembers and Planning Commissioners, and based upon staff observations. Notices of violations are directed to property owners and, in many cases, the correction of the violation is identified as screening the containers in the appropriate location on the site and in a manner consistent with the Zoning Ordinance standards. 1 - Failure to correct the violation eventually results in an official notice that legal action will be initiated through the City Attorney's office. I wrote to Mr. Jeff Crees the person who represented BFI Waste Systems before the City Council and invited him to identify how the City could define the balance between the need to provide a functional and aesthetic control in screening of container (regardless of the contents) and the desire to promote and not inhibit bona fide recycling efforts. I subsequently received a call from Mr. Kevin Nordby of BFI Systems who said that Mr. Crees had represented a specific concern about one property owner who had received a notice from the City requiring screening of additional dumpsters. Mr. Nordby provided the attached information including a draft of possible ordinance amendments. I have had my staff prepare some slides of current situations involving trash containers and enclosures. PRIMARY ISSUES AND ANALYSIS: There seemed to be a question about the enforcement methods we use which can lead to prosecution for an ordinance violation. We use a standard procedure that involves at least two notices, and often more, before items are referred to the attorney. The key to deciding whether a case is subject to prosecution is when there is no response to the notices and /or no evidence that the violation has been corrected. Certified mail is used routinely for the notices since we are required to notify the responsible party, i.e., the owner of record, and to be able to show evidence that we did serve notice. The violations of concern here involved only two of nearly 48 cases this year where no response by the owner led to the final notice giving so many days before the case was referred to the attorney. Shortly after the Council action, one of the two parties sent a letter asking for more time to secure the services of a fence contractor; per our normal practice, additional time has been allowed. There has been no response in the other case which is still suspended per Council direction. The cases this year involve unenclosed /unscreened trash containers and, in some cases, unlawful outside storage of materials other than trash or recyclable items. Thirty -nine of the 48 cases are still pending; five of the 39 have submitted formal site plans with enclosures for approval; and the remaining nine of the 48 cases have been corrected. Three or four of the cases pending involve, to our knowledge, containers that are specifically designated for recycling program use. That means there are businesses that have enclosed their designated recycling containers. The Planning Commission and City Council for many years (see attachments) have either specified no outside storage of trash or required the construction of enclosures and screening as shown on development plans as part of multi - residential and non - residential site plan approvals. A number of the cases cited this year have been containers on sites where the approval specified no 2 - outside storage; we have worked with several property owners to amend original site plans to provide for an enclosure for trash containers consistent with current ordinance standards. I have attached copies of relevant pages from the Zoning Ordinance and the City Code; the Zoning Ordinance provisions were adopted in response to community concerns about aesthetics, location, and sanitation. An issue here, perhaps, is whether these remain valid concerns for trash containers generally or for containers used for recyclables only. 1. Aesthetics has been a standard concern in Plymouth for many years. The ordinance contemplates that business and most residential activities are inside buildings. Outside activity is considered a conditional use or, as in this case, a use subject to special requirements spelled out in the ordinance. It is not considered a right to have uncontrolled or unregulated storage outside. Dumpsters have not been viewed as enclosures; they are deemed to be containers and subject to screening and enclosure. There are businesses that have the dumpsters or other containers inside the building in designated rooms. 2. Location became an increasing problem as the City grew and as dumpsters, particularly became prevalent. They tended to "float" around parking lots, and were found obstructing parking spaces including those legally reserved for handicapped drivers), fire lanes, driving aisles, and fire hydrants. The haulers were not sensitive to the need for keeping the containers in a particular location and some owners found the designated locations were inconvenient. Permanent enclosures effectively anchor the containers, provided the containers are kept in the enclosure. 3. Sanitation is a concern with all trash related facilities; in this context, it refers mainly to debris and what might be called spillage" from the input stage by the owner /occupant to the mechanized removal stage by the hauler. Enclosures do have the utility of confining most of this. Also, enclosures enhance the security of the facilities from creature intrusion. Are these concerns still relevant? Related to this issue is the question suggested by the BFI, Inc. data: can a distinction be made between containers used for recyclables and all other containers? The standards in the ordinance were developed and adopted before the advent of mandatory recycling programs. The programs in some cases have resulted in more dumpsters and /or other containers on sites; and the containers are the same except for the contents and, in some cases, except for the external markings. Do these containers warrant special treatment or should they be treated as any other container stored outside? A final consideration relates to enforcement and administration, assuming there are standards to enforce. The current standards are straightforward: one either has the container(s) enclosed and screened or they do not. That is relatively easy to inspect and document. The draft material from BFI, Inc. proposes that there be a "solid waste management area" on each site and that 3 - containers used for recycling programs be within twenty -five feet of the enclosure. That could be more difficult, depending upon how the area was delineated (paint stripes on the parking lot have diminished value during the winter) . CONCLUSIONS AND RECOMMENDATIONS: Enforcement of ordinance standards requiring enclosure and screening of outside trash containers has raised the question of whether containers devoted to the storage of recyclable materials should be exempt from those standards. The standards were formulated before mandatory recycling programs were established, though the technology used to store and dispose of recyclable materials on the site is the same as that used for trash for many years, i.e., dumpsters and trucks. Mandatory recycling nevertheless is now imposed upon multi- residential and nonresidential enterprises sometimes after enclosures and screening devices for trash containers have been built or where outside storage was not allowed. The City Council should determine whether exemption and /or different treatment are warranted for containers dedicated to recycling. Direction should be given to staff, then, as to whether and to what extent the Zoning Ordinance, and, perhaps, City Code should be amended. Prosecution of unresolved violations was suspended through July (enforcement through identification of violations and notification to owners continued). If suspension of prosecution action is to continue, pending any ordinance amendment, for example, a ruling from the City Attorney would be appropriate. I recommend that any such suspension be limited only to cases involving containers dedicated exclusively to recycling as mandated by public programs. Otherwise, I see no reason to cease or defer prosecutions if they are warranted. pl /bt /jw3.7- 22:jw) 4 - PLYMOUTH ZONING ORDINANCE Section 7, Subdivision F SUBDIVISION F - STANDARDS FOR RESIDENCE DISTRICTS 1. For all permitted developments in the Residence Districts cept those containing only permitted single family detached dwellings site plan must be reviewed by the Planning Commission and approved by a City Council as set forth in Section 11, Subdivision A. 111140, Air conditioning or heating units p6ecting through exterior walls or windows shall be located and desigoed so that they neither unnecessarily generate or transmit sound nor rupt the architectural amenities of the building. Units projecting a than twelve inches beyond the exterior finish of a building wall 11 be permitted only with the written consent of the Building Official which shall be given only if structural systems i mi compliance. u' m nt All heating and cooling and other mechanical equipment on the oof of new approved MULTIPLE DWELLINGS shall effectively noise o that it is not transmitted beyond the boundaries of the to be perceptible in any residential zoning district. Such shall be designed (including exterior color) and located so to be cally harmonious and compatible with the building. Screening of the t may be required where the design, color, and location of the nt are found to not effectively buffer noise or provide aesthetic and compatibility. Screening shall be constructed of durable ls which are aesthetically compatible with the structure and which an integral part of the structure. Applicable requirements fo r access to the equipment shall be observed in the design and construction of the scr ash and Refuse Di a. Except for residences with private entrances to the ground level, multiple residence buildings shall be equipped with at least one trash chute on each floor which is connected directly to a compactor, container, or approved incinerator located in a proper room in the basement or ground floor level. Provisions must be made to deliver residual trash to grade level for pickup. (Amended Ord. No. 85 -07) b. Plans for new developments requiring site plan approval shall specify the design and location of facilities for the storage and disposal of waste as set forth in this Code. Plans for such facilities at existing developments shall be approved by the City prior to construction. c. The storage and facilities for the disposal of trash, garbage, refuse, rubbish, and the like, shall be located either in approved areas inside the principal building, or otherwise shall be located in an approved accessory building or enclosure outside the principal building. 7 -13 PLYMOUTH ZONING ORDINANCE Section 7, Subdivision F d. Containers are required for such storage, and for the purposes of this Section, shall include, cans, barrels, compactors, dumpsters, boxes, and bins, which comply with the requirements of the City Public Health Code as to construction and sanitation. e. All trash disposal facilities outside the approved principal building shall comply with the following: 1) All outside accessory enclosures shall screen the containers from public view. 2) The enclosure area shall include adequate buffering to minimize visual and audible impact upon any adjacent residential uses. 3) Screen enclosures may be attached to, or detached from the principal building. 4) Enclosures shall provide convenient access by the user and the contracted hauler. 5) Enclosures shall not obstruct approved driveways, aisles, parking spaces, fire lanes, or building ingress and egress. 6) Enclosures shall be constructed of wood and /or masonry material which are aesthetically compatible with the primary structure and the site. 7) Where fencing is used, the design shall be vertical board with treated minimum 2 inches thick lumber, and with minimum 6 inches x 6 inches support posts. 8) When gates and doors are used, they shall be equipped with heavy -duty hardware and shall be kept closed at all times other than during loading and unloading. (Amended by Ord. No. 82 -08) Except for residences with private entrances to the exterior ground , multiple residence buildings of three stories or more shall be a red with at least one.'public elevator and lobby; designed and cted per applicable Building Codes. (Amended Ord. No. 85 -07) 6. Accessory Buildings -- Multiple Dwellings Accessory buildings shall obser_ a same setback requirements established for the residence buildin ept that accessory buildings located within the rear yard of the iple residence building may be located to within five feet of the or interior side property line. The City Council may require comm alls for accessory buildings where common walls will eliminate ightly and hazardous areas. Exteriors of accessory buildings to mu le dwellings shall have the same exterior finish as the main str ure. 7 -14 PLYMOUTH ZONING ORDINANCE SUBDIVISION G - PERFORMANCE STANDARDS Section 8, Subdivision G 1. Intent It is the intent of this Subdivision to provide that all no residential uses and related activities shall be established and mainta' d with proper appearance from streets and adjoining properties and to ovide that each such use sha be a good neighbor to adjoining property by the control of the following andards. 2. Standards a. Landscaping. Al and areas < aa e. er be open landscaped and green areas, or be ft in a state. Yards to be landscaped shall be landscaped tracti lawn, trees, shrubs, etc. in accordance with the a ted establishing Minimum Landscape Standards and Criteria fo Ulopment. Any areas left in a natural state shall be kept tter, debris, and noxious weeds. Yards adjoining any of t he a esidence Districts shall contain a buffer or screen appro of the site plan and installed prior to issuance of a ertiOccupancy for any tract in the district. b. Glare. Glare, wh er direct or reflecte such as from floodlights or high temper re processes, and as d ferentiated from general illumination, 11 not be visible at any prop e line. c. Exterior Li ting. Any lights used for exterior i umination shall not be visibl at any property line. d. Vibrat' n. Vibration shall not be discernible at any p erty line to the man sense of feeling for three minutes or more durati in any one ho Vibration of any kind shall not produce at a time an eleration of more than 0.1 gravities or shall resul in any ombination of amplitudes and frequencies beyond the "safe" ge of Table VII United States Bureau of Mines Bulletin No. 422, 'smic Effects of Quarry Blasting ", on any structure. The in nd equations of said Bulletin No. 422 shall be used to compute all values for the enforcement of this Provision. Said bulletin is incorporated herein by reference. 0*0* e. Noise, Odors, Smoke, Dust, Fumes, Wat r and Waste. 1) The design, construction and performance of all non - residential uses shall be in conformance with City, County, and State of Minnesota standards and regulations. 2) Plans for new developments requiring site plan approval shall specify the design and location of facilities for the storage and disposal of waste as set forth in this Code. Plans for such facilities at existing developments shall be approved by the City prior to construction. 3) The storage and facilities for the disposal of trash, garbage, refuse, rubbish, and the like shall be located either in approved areas inside the principal building, or otherwise shall be located in an approved accessory building or enclosure outside the principal building. 8 -15 PLYMOUTH ZONING ORDINANCE Section 8, Subdivision G 4) Containers are required for such storage, and for the purposes of this Section, shall include cans, barrels, compactors, dumpsters, boxes, bins, which comply with the requirements of the City Public Health Code as to construction and sanitation. 5) All trash disposal facilities outside the approved principal building or approved accessory building shall comply with the following: f. Al a) All outside accessory enclosures shall screen the containers from the public view. b) The enclosure area shall include adequate buffering to minimize visual and audible impact upon any adjacent residential uses. c) Screen enclosures may be attached to, or detached from the principal building. d) Enclosures shall provide convenient access by the user and the contracted hauler. e) Enclosures shall not obstruct approved driveways, aisles, parking spaces, fire lanes, or building ingress and egress. f) Enclosures shall be constructed of wood and /or masonry materials which are aesthetically compatible with the primary structure and the site. g) Where fencing is used, the design shall be vertical board, with treated minimum 2 inches thick lumber and with minimum 6 inches x 6 inches support posts. h) When gates and doors are used, they shall be equipped with heavy -duty hardware and shall be kept closed at all times other than during loading and unloading. (Amended by Ord. No. 82 -08) ructed to a nine -ton street design. g. Rooftop Euipment. All heating and cooling equi mounted on the roof of of new approved NON- RESIDENTIAL BUIMPMUS shall effectively buffer noise so that it is not transmi eyond the boundaries of the property so to be perceptible in esidential zoning district. Such equipment shall be designed uding exterior color) and located so to be aesthetically harmon' and compatible with the building. Screening of the equipment m required where the design, color, and location of the equipme re found to not effectively buffer noise or provide aesthetic h ny and compatibility. Screening shall be constructed of durable erials which are aesthetically compatible with the structure and, ich may be an integral part of the structure. Applicable r irements for access to the equipment shall be observed in the design nd construction of the screening. (Amended Ord. No. 85 -13) 8 -16 PLYMOUTH ZONING ORDINANCE Section 11, Subdivision A 4. If the zoning change is approved, the General Development Plan is attached to and is a part of the Ordinance establishing the zoning change. 5. Thereafter, changes in the General Development Plan will not be permitted without further review by the Planning Commission and approved by the City Council. 6. A site plan shall be reviewed by the Planning Commission and approved by the City Council, before building permits are issued for the development or alteration of structures and before development or re- development of sites commences on any property in the City except for Agriculture permitted in the FRD District, except for dwellings permitted in the FRD, R -1A, and R -1B Districts and exce t as otherwise provided in this Section. (Amended Ord. 87 -16 & Ord. 89 -M 7. The site plan shall be based upon an accurate certified survey; shall be prepared by or under the supervision of an architect and /or engineer registered in the State of Minnesota; and shall contain the following information: a. Complete details of the proposed site development including but not limited to identification signs, location of buildings, streets, driveways, parking spaces, dimensions of the lot, lot area and yard dimensions. b. Complete landscaping plans reflecting all information and standards set forth in the adopted City Landscape Criteria and Standards Policy, including species and showing planting size and mature size of trees and shrubs proposed. c. Plans and specifications for fences, walls and other buffers as required herein, including proposed screening of rooftop equipment. Amended Ord. No. 85 -13) d. Complete plans for proposed sidewalks or walkways to service parking, recreation and service areas within the proposed development. e. Complete plans for storm water drainage systems sufficient to drain and dispose of all surface water accumulations within the area of the site. f. Complete plans and specifications for exterior wall finishes proposed for all principal and accessory buildings. Elevation drawings shall show proposed rooftop equipment and any proposed screening. (Amended Ord. 85 -13) g. omplete plans for storage areas for waste and garbage. Complete utility plans and fire protection plans. i. Extent of and any proposed modifications to land within the Special Protection Districts as described and regulated in Section 6 of this Ordinance. (Amended Ord. 82 -33) 11 -2 Plymouth City Code CHAPTER VI PUBLIC HEALTH 600.01 (Rev. 1988) Fir- A C {y Cod Section 600 - Garbage and Rubbish Disposal 600.01. Definitions. Subdivision 1. For purposes of this Section the terms defined in this subsection have the meanings given them. Subd. 2. "Garbage" means animal and vegetable wastes and other wastes or putrescible matter including but not limited to grease, wrappings, shells, grounds, bones, entrails, and similar materials resulting from the handling, preparation, cooking, service and consumption of food, and other animal wastes. Subd. 3. "Rubbish" means waste products which have composed wholly or partly of such materials as garbage, sweepings, swill, cleanings, trash, refuse, litter, industrial solid wastes or domestic solid wastes; organic wastes or residue of animals, fruit, or other vegetable or animal matter from kitchen, dining room, market, food establishment or any place dealing or handling meat, fowl, fruit, grain, or vegetables; offal, animal excreta, or the carcass of animals; tree or shrub trimmings, or grass clippings, brick, plaster, wood, metal, roofing materials, pipe or other waste matter resulting from the demolition, alteration, or construction of buildings or structures; accumulated waste materials, cans, used containers, boxes and packing materials, junk vehicles, ashes, tires, junk, Christmas trees, rocks, sod, dirt, glass, jars, bottles, auto parts, cement brick, leaves, burn barrels, household appliances, furniture, toys, floor coverings, fabric, drain oil, solvents and fluids, or other such substance which may become a nuisance. (Amended, Ord. No. 81 -09, Sec. 1) Subd. 4. "Yard waste" means compostible materials such as grass clippings, leaves, weeds, and other forms of organic material, but does not include trees, brush and similar materials. (Added, Ord. No. 88 -11, Sec. 1) 600.03. Prohibitions. Subdivision 1. Garbage Accumulation. It is unlawful for any person to fail to dispose of garbage and rubbish which may be or may accumulate upon property owned or occupied by such person in a sanitary manner as required by Subsection 600.07. Subd. 2. Rubbish Accumulation. It is unlawful to accumulate or permit to accumulate for whatever time period, any rubbish, whether indoors or outdoors, on any property in the City which might constitute a nuisance by reason of appearance, odor, sanitation, possible littering of neighboring properties, littering of the property on which refuse is accumulated, fire or other type of hazard. (Amended, Ord. No. 81 -09, Sec. 2) 600.05. Use of Licensed Collectors. Persons desiring to make use of the services of licensed garbage and rubbish collectors may do so by notifying such collector and paying the fees provided for in this Section. Plymouth City Code 600.07 (Rev. 1988) 600.07. Duties of Householder or Occupant. Every householder or occupant of any dwelling house, boarding house, restaurant or any place of business, having garbage to dispose of, who does not otherwise provide for the disposal of such garbage in a sanitary manner, shall provide one or more fly tight metal cans sufficient to receive all garbage which may accumulate between the times of collection. Each can shall be provided with a bail or handles and a tight fitting cover. All garbage and rubbish accumulating between the times of collection shall be placed in the garbage cans. Garbage cans shall be kept at or near the hack door or garage of the building using the same or at the rear of the property if there is any alley and shall be accessible to collectors at all reasonable times. 600.09. License Required for Collectors. Subdivision 1. General Rule. It is unlawful for any person to collect garbage without having first secured from the Council a license so to do. Subd. 2. License Required for Collectors. Any person desiring a license to collect garbage shall make application for the same to the Clerk upon a form prescribed by the City. The application shall set forth: a) the name and address of the applicant; b) a list of the equipment which he proposes to use in such collection; c) the place or places to which the garbage is to be hauled; d) the manner in which said garbage is to be disposed of; e) the portion of the City in which collections are to be made; and f) a detailed description of: (1) the manner in which the applicant intends to separately collect and haul away yard waste; (2) the manner in which the applicant intends to account for the amount of such yard waste; and (3) the method by which the applicant will inform its customers of the yard waste collection program. (Amended, Ord. To. 85 -11, Sec. 2) Subd. 3. (Intentionally Left Blank) Subd. 4. Surety Bond Required. If the application is approved by the Council, the applicant shall deposit with the Clerk a surety bond in form satisfactory to the City Attorney in the penal sum of $1,000 conditioned upon the faithful and continuous provision of the garbage collection service specified by the Council and under the conditions imposed by the laws of the City and the lawful orders, rules and regulations of the Health Officer. If such surety bond is approved by the Council., the Clerk shall issue and deliver the license. Subd. 5. License Fee. The license fee is fixed by Chapter Y, and shall accompany the application. Subd. 6. Duration of Licenses; Expiration Date. The license shall be for a period of one year, and shall expire on April 1 of each year. Plymouth City Code 600.11 (Rev. 1990) 600.11. Duties of Collector; Equipment; Collection. Each licensed garbage collector shall provide a covered tank or wagon, so constructed that the contents will not leak or spill therefrom, in which all garbage collected by him shall be conveyed to the place designated in his application. The wagon or conveyance used shall be kept clean and as free from offensive odors as possible, and shall not be allowed to stand in any street, alley or public place longer than is reasonably necessary to collect garbage. 600.13. Service Charges; Manner of Payment. The expense of garbage collection shall be paid to the collector monthly, by the owner, agent, occupant, or tenant of the premises from which such garbage is collected, and such fee shall be full compensation for his services in such collection but in no case shall the fee charged for such collection exceed maximum sums set by the Council, provided that if the tenant or occupant of the property fails to pay said expense, the owner shall be liable therefor to the collector. The collector may refuse to make collection from any premises when the fees provided for herein are not paid within 30 days from the date when due. The collector shall notify the Health Officer and the Chief of Police of the discontinuance of such service to any premises within two days after service is discontinued. 600.15. Weekly and Semi - Weekly Collections. Each licensed garbage collector shall make collections, in that portion of the City in which he is licensed to collect, weekly from residences and semi - weekly from hotels, restaurants, boarding houses, etc. 600.17. Rubbish Disposal; Duties of Householder, Occupant or Owner. Every householder or owner, occupant or tenant of any premises who does not otherwise dispose of rubbish in a sanitary manner, shall place all rubbish in a tight receptacle. 600.19. Rubbish Disposal; Duties of'Licensed Garbage Collectors; Service Charges. Each licensed garbage collector shall collect and haul away once each month to such place as may be designated by the Health Officer, all such rubbish from premises located within the area in which he is authorized to collect garbage. The collector may charge for such service to the owner or occupant of the premises an amount not to exceed a rate per bushel for such rubbish removed as set by the Council. 600.21. Yard Waste; Duties of Licensed Garbage Collectors. Each licensed garbage collector shall separately collect, and haul away yard waste. Each licensed garbage collector shall haul the yard waste to a compost site approved by the City Manager or his aut`.:rized•representative and shall keep an accurate accounting of the amount of such yard waste. Each licensed garbage collector shall submit a written report to the City Manager or his authorized representative detailing the amount of such yard waste that has been collected and delivered for composting during the preceding license period. (Ord. No. 88- 11, Sec. 3; Ord. No. 90 -06, Sec..l) Plymouth City Code 600.23 (Rev. 1990) 600.23. Rubbish Disposal; Duties of Permitee and Contractor. Building permitees or their contractors shall provide an enclosure or container of sufficient size at each construction location and deposit all construction related rubbish therein. Construction personnel shall properly dispose of all construction related material and rubbish in order to prevent littering of the construction site or adjacent areas. (Added, Ord. No. 90 -26, Sec. 1) Recycled paper ip' BROWNING- FERRIS INDUSTRIEgUL 16 1991 MID WESTERN REGION lT i pp met" Itir irt July 15, 1991 Mr. Blair Tremere City of Plymouth 3400 Plymouth Blvd. Plymouth, Minnesota 55447 Dear Mr. Tremere: Thank you for your time and attention concerning the issue of special commercial recycling containers. I apologize for the delay in getting information to you on our project and on the commercial recycling efforts of the solid waste industry. Please find enclosed a sample ordinance which would make allow- ance for special commercial recycling containers. Need for Container Due to the aggressive recycling policies of the Metropolitan Council, the metro counties, and rapidly rising disposal rates, commercial establishments are faced with the chal- lenge of compliance and of handling the flow of recyclable materials. BFI, like many solid waste haulers, has responded to their customer needs with a separate container. The reasons for this separate container are as follows: Prevents Contamination of Materials End markets will not accept contaminated materials. Increased Participation Like the special colored residential recycling con- tainers, the designated commercial recycling containers encourage participation in the programs by providing visual separation of the materials. Employees recog- nize the recyclables as a separate waste stream and this is reinforced by the mechanics of placing the materials in a separate designated container. Recognition The special designated container not only affects the attitudes of the employees but also creates a subtle P.O. BOX 1375 - MINNEAPOLIS, MINNESOTA 55440 - (612) 921 -8505 - FAX (612) 921 -8558 8500 NORMANDALE LAKE BOULEVARD, SUITE 850 - BLOOMINGTON, MINNESOTA 55437 July 15, 1991 Mr. Blair Tremere Page 2 peer pressure within the business community and the City to establish a similar program. Studies show that special recycling containers increase participation in excess of 45 -60%. Issues to be Addressed The use of special recycling containers brings forth several issues in the existing ordinance which must be addressed. Enclosures Many businesses already have enclosures (as required) for their solid waste containers. The purpose of the enclosures is to prevent unsightly refuse and the scattering of such material due to wind or poor house- keeping practices. The enclosures also serve to prevent the containers from "floating" or moving into spaces which may be unsafe (i.e., in front of fire hydrants, etc.). In the attached sample ordinance I have included a provision (2nd resolving clause) that would limit the area where a container could be located; any other location would require a variance. A more practical reason for not requiring an enclosure for these special containers is the barrier which the cost of a new or expanded enclosure presents to the participation in any commercial recycling program. Possible additions to any commercial recycling ordi- nance: City decals which identify the container as a recycling container. Reporting requirements from the haulers as to the amount recycled per year from Plymouth accounts. Please review these ideas and contact me with your thoughts. I will assist you in any way I can to further promote commercial recycling efforts in Plymouth. Sincerely, Kevin W. Nordby Divisional Vice President Recycling Services KWN /njo Enclosure DRAFT: RESOLUTION REGARDING COMMERCIAL RECYCLING CONTAINERS WHEREAS; Commercial recycling is critical to the effort of waste abatement; and WHEREAS; Commercial recycling will help our community reach even higher abatement percentages; and WHEREAS; Commercial recycling containers are necessary to the efforts of recycling; and W11PREAS; All commercial recycling should be encouraged; and WHEREAS; Commercial recyclables are a different commodity than refuse; and WHEREAS; Commercial recyclabes are less vulnerable to negative health conditions; and WHEREAS; It i€: in the best interest of the community to recycle commercial waste; THF:RF.:FORF; BE IT RESOLVED that all commercial recycling containers will be identified as such; and BE IT RESOLVED that all commercial recycling containers shall be located within twenty five feet of the solid waste covered shelter, creating a solid waste management area on each commercial property; and RR IT RESOLVED; that all commercial recycling containers, because they are located outside the solid waste sheltered area, be painted AdillaEarro symhol,ize recycling; and BE IT FURTHER RESOLVED; that the City of Plymouth endorses commercial recycling and asks that all business in the community do their part to abate the solid waste stream. May 23, 1991 r;cF PLYMOUT4 Mr. Jeff Crees BFI Waste Systems P.O. Box 1440 Minneapolis, MN 55440 Dear Mr. Crees: I am responding to your May 17, 1991 letter to Assistant City Manager Frank Boyles and to the information you conveyed to the City Council at their meeting on Tuesday, May 21. I also ask for your help. I may be reiterating some of the information that was relayed to you at the meeting with Mr. Boyles and others last week but it is important to understand the purpose of the zoning requirements. The applicable zoning requirements are on the attached pages and I ask that you review them carefully. They were developed in 1982 in response to an increasing problem with waste removal firms setting containers such as dumpsters at random in paved parking lots with no respect for neighboring properties, sometimes residential, general aesthetics, and the parking and circulation functions of a parking lot, including fire lanes. In short, both owners and waste haulers were not responsibly managing the location and use of their containers and the City Council and Planning Commission then decided that it was time to adopt standards that could be used in evaluating new proposals as well as regulating the outside storage of trash disposal facilities for existing developments. Periodically it is necessary to initiate City -wide enforcement actions by contacting property owners and informing them that they have trash containers outside the main building which are not properly located or screened. This can be attributed to changes in ownership or in management, a change in waste hauler, and, on occasion, a disregard for the City regulations and requirements of a specific plan or use approval. We receive complaints from other property owners who object to the view and obstruction created by unscreened and improperly located containers especially those in the commercial and industrial areas of the City. Many businesses in the community have their trash facilities inside the building, for example. The current zoning standards were drafted and implemented before the current public and private sector interest in recycling. The City Council recognizes this and thus they directed at their meeting that we review the Zoning Ordinance standards with the Planning Commission to see if any particular changes should be implemented in light of today's concerns and activities. Your letter touches on some of those items but I need your help to further identify how exactly the City could define a balance between the need to 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550 -5000 Page Two provide a functional and aesthetic control and screening of these containers regardless of their contents) and the desire to promote and not inhibit bona fide recycling efforts. It is not clear whether you are recommending that all trash containers outside the building be exempt from screening. If the purpose of regulations is to effectively screen containers (not to get rid of them) because of aesthetic and functional reasons such as those cited above, then do the contents and the ultimate disposition of the contents make any difference? This is a basic question that the Planning Commission and City Council will need to address. Enforcement efforts that the City has initiated to date were not designed to remove containers as your letter suggests. The enforcement efforts have been aimed at property owners who had containers some of which were related exclusively to recycling efforts, and which were not properly enclosed. At City Council direction I have suspended the imposition of any legal sanctions against owners who may have been contacted regarding the lack of screening around containers clearly designated for recycling. This will be for the period it takes for the Planning Commission to consider the matter and possible amendments to the ordinance. I thus recommend that you and others in your industry review the standards and provide specific formal input to the City as to how the zoning standards of the community can be balanced against the current programs and directives regarding separation of trash at the source for both residential and commercial /industrial generators. The City of Plymouth is proud to be a leader in waste minimization and recycling efforts; we have been recognized several times by Hennepin County for that. We welcome your willingness to help us retain that position. I look forward to hearing from you regarding specific recommendations as to how the City standards could be updated. Sin erely, , Blair Tremere Community Development Director Enclosure cc: Assistant City Manager Frank Boyles Community Development Coordinator Chuck Dillerud Project Coordinator Dick Pouliot Development Services Technician Myra Wicklacz Mr. John Lavander, Caliber Development Co. pl /bt /crees:jw Waste Systems - BROWNING- FERRIS INDUSTRIES Minneapolis District May 17, 1991 Frank Boyles City of Plymouth 3400 Plymouth Blvd Plymouth, MN 55447 Dear Mr. Boyles: Recycled paper 0 Pi 2 • •v t ti Thank you for the opportunity to discuss some questions you have regarding BFI's new recycling plans for the City of Plymouth businesses. Recently, BFI initiated a new "two- container" recycling program for our customers. We are offering a white recycling container in which our custom- ers can place a variety of recyclable materials. This program allows our customers to recycle cardboard, shrink wrap, magazines, newspaper, office paper, plastic bottles, food and beverage cans, and glass. The recyclable material is picked up mixed from our customers and brought to our recycling center to be sorted and sold to end markets. This program makes it very simple for our customers to recycle and offers them the ability to recycle a variety of materials. Our meeting was initiated because some of our customers had expressed concern that the City of Plymouth ordinances would not allow an additional container on their property without an enclosure. We at BFI wanted to find out if these ordinances do, in fact, apply to our white recyclable - materials con- tainers. A number of our customers have received violation notices from the City regarding these recycling containers. As we discussed in the meeting, I have explained to our customers that you have agreed that no further fines would be issued against them until some follow up letters have been sent by your people. Our hope is to have this issue of placing recycling containers outside enclosures resolved before any fines are levied on our customers. Our customers certainly do not want to violate any City ordinances nor have fines levied against them. However, they do feel that this recycling program is very convenient for them and is socially and environmentally the correct thing to do. We feel it's important that we don't take the recycling momen- tum away by removing these containers until this issue has been resolved. P.O. BOX 1440 • MINNEAPOLIS, MINNESOTA 55440 • (612) 941 -8394 Page 2 We also agreed that the appropriate way to bring about any changes in these ordinances would be to bring these issues up at the May 21st Plymouth City Council Forum. BFI personnel do plan to attend this meeting and hope that we can help make the City of Plymouth a leader in waste minimization and re- cycling efforts. Please feel free to contact me anytime should you have any questions or comments. Sincerely, BROWNING- FF,RRIS INDUSTRIES OF MINNESOTA, INC. c i Jef f s Recycling Coordinator cc: Richard Pouliot Chuck Dillerud Caliber Development Company JC /kl VILLtGE OF PLYf;OU' X Pursuant to due call and notice thereof, a regular meeting of the Village Council of thu Village of Plymouth, Minnesota, was held on the _ Ji5th _ day of _ June 1973. The follow- Iv d tatt5 sc entrv coy4t+trtCf! ing members were present: Mayor Hilde. Councilmen Hunt, Spaeth, Seibold and Neils The following members were absent: hone AAA A ** Councii1npn SSnagth introduced the following Resolu- tion and moved Its adoption RESOLUTION NO. 73 -221 WHEREAS, Belmar Builders ichard Nichols have requested site plan approval for a restaurant to to located at the northwest corner of Trunk highway 55 and Fernbrook Lane within a Planned Business Devolopnent approved by Plymouth Village on June 13, 1973 under the provisions of the Plymouth Village zoning ordinance, and WHEREAS, the Plymouth Village Planning Commission has reviewed said request and does recomr.nd approval, NOW, THEREFORE, CE IT HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF PLYMOUTH that the site plan for the proposed Cyrano's restaurant be approved subject to the following ccnditionst 1. Site development conform to the approved Planned Business Development based upon this 6 -6 -73 Ceneral tk!veloprnent Plan. 2. A perfot -mance bond for landscaping and drainage improvements be placed with the Village prior to building permit approval. The motion for the adoption of the foregoing Resolution was duly seconded by _ Councilman Neils , and upon vote being taken thereon, the following voted in favor thereof: Mayor Hilde. Councilmen Hunt, Spaeth, Seibold and Neils The following voted against or abstained: None . Whereupon the Resolution was declared duly passed and adopted. AAA STATE OF MINNESOTA COUNTY OF HENNEPIN SS. VILLAGE OF PLYMOUTH AA IAA L TO: Planning Commission FROM; P1am-Ning Department SUBJECT: Site Plan Review MEMO PETItIONER: Dick Nichols (A -467) GENERAL, LOCATION: Northwest corner of State Trunk Highway 55 end Fernbrook Lane. CURRENT LAND USE: Vacant CURRENT ZONING: 6 -1 (Limited Business District) PROPOSED LAND USE: Development of a restaurant and bar. GUIDE PLAN: limited Business (as proposed by Planning Commissiono, March, 1973) BACKGROUND: Planning Commission approved petitioner's request for a ConditionalUsePermitforaplanngdbusinessdevelopmentwithaGenerDevelopmentPlanonMay1691973. (Council will consider request June ; ALTERNATIVE ACTIONS: 1. Recommend approval as requested. 2. Recommend approval with conditions. 3. Recommend denial - state reasons. STAFF REPORT: Petitioner's proposed restaurant and lfqqudr lounge is to be of stoneandpouredconcrete$ approximately 8,500 square feet in area with another3,300 square feet of space proposed for future restaurant expansion. Following is an analysis of petitioner's request as it relates to theVillageordinance: PR_ OOPPOSE0 REQUIRED Lot Ccverage 16% 30% or less Height of Building 1 Story 45 feet or less Setbacks: p Front Yard 50 feet 50 feet Side Yard 15 feet 15 feetRearYard75feet50feet Parking or Loading SetbackQ A from Property Line 65 feet 20 feet (Minimum) Direct Access Access off To Village thoroughfare Harbor Lane or related service road. Parking Spaces 155 157 Petitioner proposes that the storage of garb agge and waste be on the west side if thebuildingandscreenedbywallprotrusions, utilizin the sam tals as on tieexteriorwallsufaes ano o Pin Zrees, TMS Asn trees will -bed to 6" diluter at the trunk. A'1ies1 #ira1$+drent. 1s, proposed at the north end of tht butldin which should adg equately serve theI+awv r placement of the, hydrant thpaid red left to the discretion of., thi, x * rVilletAf hidt' Firs lu est:wQttld.r " Ot` ran end caul .enta.il tha losl ''' rp tt icass to "the fibtctspaces, 1 ..rh'F i u } garb e" w Awti ^yC (nz• trt + u f1f";t',2+Y ° *hi7ylyrtJ?YY?" xY`,;' 7 t{` L:t.::vl yr. .,zi5'' !. 5'..,.•.. r . _.. ,. iL vil 4A RM(Od) 4"L-4 ZAA- tL • ) . .'.ter 2 h -- f .c- , :w. . -,- dam - j J: Qt3a , • , fir,' rA4, .,R•46 y: ps &AAvf 1111111 Mimi December 7, 1989 Mr. John Lavander Caliber Development Corporation 14405 21st Avenue North Suite 118 55447 6 CITY OF PLYMOUTH+ Plymouth, MN SUBJ EC T: ADMINISTRATIVE APPROVAL OF SITE PLAN FOR "CHESHIRE BUSINESS CENTER" 89082) Dear Mr. Lavander: This letter is written to per been administratively approved r subject to the following conditions: that the above - referenced application has Section 11, Subdivision A, paragraph 8, 1. Compliance with the City Engineer's Memorandum. An si nage shall be in compliance with the Ordinance requirements of the2 City ofPlymouth. n subsequent phases or expansions are subject to required reviews and3. AYapprovals per Ordinance provisions. liance with the Ordinance regarding the location of fire hydrants and4. Comp fire lanes. d 54{OWN ON e PRoeo56 5. L104, e"_ p(Zp 1 ft RN0E 6. thin All waste and waste containers halThe eenclenclosure ishal l no outside storage is permitted. Ordinance construction specifications. Protection Plan shall be any site improvement bonds the enclosure, an conform to Zoning An o lto the 2 11 inch "As- Builtil release or reduction l pry of Policy. 7. Prior to building permit issuance, the provisions Ordinance, Section 11, Subdivsion A, paragraph 11, f ance Agreement and financial guarantee shall submitted per City of the Plymouth Zoning with respect to a Site be complied with. Per orm 8. Prior to issuance of building p ermits, the applicant shall either present and cross easements for parking and circulation t purposes te b parcels e arehe i norcommon south parcels, or provide evidence solidate the parcels by formal City ownership. An application to con Council Action would be required with the second option• north of this wires encroachment upon the property 9. The grading plan requires grade change shall be site. An easement to permit such encroachment and provided. MOUTH. MINNESOTA 55447. TELEPHONE (612) 559 -2800 3400 PLYMOUTH BOULEVARD, PLY s Waste Systems - BROWNING- FERRIS INDUSTRIES Minneapolis District August 14, 1991 Mr. Blair Tremere Mayor and City Council Members City of Plymouth 3400 Plymouth Blvd Plymouth, MN 55447 Dear Mr. Tremere: rn of It" 1*; c!TY OF PLYMOUTH Recycled paper 0 Thank you again for your attention concerning the issue of commercial re- cycling containers at the last City Council meeting. It is my understanding that a task force may be formed to discuss and re- search the issues regarding these recycling containers. If the council deems it appropriate, I would like to volunteer my services for your task force as a spokesman from the waste industry. I plan to attend the City Council meeting on Monday August 19th, and I look forward to hearing what direction the council plans to take. Sincerely, B 'ING- ERRIS IIv'DUSTRIES OF MINNESOTA, INC. Jef ees Dist ict Recycling Coordinator JC /kl P.O. BOX 1440 • MINNEAPOLIS, MINNESOTA 55440 • (612) 941 -8394 MEMO g CITY OF PLYMOUTH 3400 PL y14OUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 August 13, 1991 For City Council Meeting Of August 19, 1991 DATE: Through Fred G. Moore, Director of I'S : James G. Willis, City public Works FROM: Daniel L. Faulkner, City Engineer STATUS REPORT consultants SUWF,CT: PROJECT various orts provided by is the monthly the City. Also attached BACKGROUND: Enclosed are the status rep in Plymouth* engineering services in ments performing Control for all active develop Erosion Control Report project Status Report Str ar -Ro a -]au _ project Status 1 • . , c nr iat 3s- " 2• l Report* Report. _ project Status ineer rch'tec S 'ent' 3. Donohue En ort. Inc- - Project Status Rep 4 Schoe 1 & ads n Report, n _ project Status Rep 5, Short El tt He d ort. Omer En ineers In _ Project Status Rep 6. _James Mon _ project Status Report. 7 Rieke Carr 11 Muller Asso C. g, Erosion Control Status Report. VJr pE Daniel L. Faulkner, . • DLF :kh Status Reports attachments: Approve Payments Listing Fred G. Moore, P.E. - 2 - August 13, 1991 Annapolis Lane /C.S.A.H. 9 Traffic Signal City Project No. 941 SRF No. 0901481 The project is complete and has been submitted for final approval. Plymouth Thoroughfare Plan SRF No. 0891274 A draft report has been submitted and is being reviewed by staff. Northwest Boulevard (45th Avenue to Schmidt Lake Road) Schmidt Lake Road (Northwest Boulevard to Pineview Lane) City Project No. 011 SRF No. 0901468 The Preliminary Engineering Report and the Environmental Assessment Worksheet were completed and accepted for this project. Minnesota Department of Natural Resources and U.S. Army Corps of Engineers permit applications have been submitted to these agencies for their consideration. The DNR has raised additional questions to which a response is being prepared. Inter - agency coordination has been initiated to allow public comment on the permit process prior to the issuance of any permits. Northwest Boulevard (54th Avenue to 56th Avenue) City Project No. 106 SRF No. 0911519 Bids were received on July 31, 1991 for both phases of the project. The Council awarded the Phase I portion of the project on August 5, 1991 and a preconstruction meeting is scheduled for August 15, 1991. 1991 Trail Pro'Ze cts SRF No. 0911536 Final plans for the project were approved on August 5, 1991 and bids received August 13, 1991. It is anticipated that the contract will be awarded on August 19, 1991. Plymouth Sidewalk /Trail System Plan Update SRF No. 0911555 Data collection and inventory process complete except for recommended additional pedestrian and vehicular counts. r Fred G. Moore, P.E. - 3 - August 13, 1991 1991 MSA Traffic Counts SRF No. 0911556 Seventy count locations completed out of approximately 90 locations to be completed by September 1, 1991. Ridgedale Market Place SRF No. 0911566 Traffic analysis was completed and a memorandum was submitted to city staff on July 26, 1991. Larch Lane and Old County Road 9 Stop Sign Investigation SRF No. 0911567 Sight distance investigation was completed and a memorandum submitted to city staff on July 18, 1991. JRD:bba cc: Dan Faulkner Dan Campbell Bonestroo y Rosene Anderlik & Associates Engineers & Architects August 7, 1991 City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Attn: Mr. Daniel L. Faulkner Re: Project Status Report File No. 70 Dear Dan: Otto G. Bonesboo, P.E. Keith A. Gordon, P.E. Mark R. Rolfs. P.E. Rene C. Plumart, A.I.A. Robert W. Rosene, P.E. Richard W. Foster, P.E. Robert C. Russek A.I.A. Agnes M. Ring, A.LC.P. Joseph C. Andenik P.E. Donald C. Burgardc P.E. Thomas E. Angus, P.E. Jerry D. Pertzsch, P.E. Marvin L. Sorvala, P.E. Jerry A. Bourdon, P.E. Howard A. Sanford, P.E. Cecillo Olivier, P.E. Richard E. Turner, P.E. Mark A. Hanson, P.E. Daniel J. Edgerton, PE. Robert R. Dreblow, P.E. Glenn R. Cook P.E. Ted K. Field, P.E. Mark A. Seip, P.E. Gary W Monen, P.E. Thomas E. Noyes, P.E. Michael T Rautmann, PE. Philip J. Caswell, P.E. Karen L. Wiemed. P.E. Robert G. Schunicht P.E. Robert R. Pfefferle, P.E. Ismael Martinez, P.E. Keith R. Yapp, P.E. Susan M. Eberlin. C.P.A. David O. Loskota, P.E. Mark D. Wallis, P.E. Charles A. Erickson Thomas W. Peterson, P.E. Thomas R. Anderson, A.I.A. Leo M. Pawelsky Michael C. Lynch, P.E. Gary F. Rylandec P.E. Harlan M. Olson James R. Maland, P.E. Miles B. Jensen, P.E. Kenneth P. Anderson. P. E, L. Phillip Gravel III, P.E. UG 9 1991 City Of Plymouth 1 The following status report has been prepared for all current B.R.A. /City of Plymouth projects. PRELIMINARY REPORTS Project 907 - Vicksburg Lane, Schmidt Lake Road and Fernbrook Lane Trunk Water Main Improvements• We have submitted the Street Alignment Study for Schmidt Lake Road to the City, and two public meetings were held to discuss the project. The City is currently negotiating land /right -of -way costs with area developers. Following the selection of an alignment for Schmidt Lake Road, we will proceed with the preliminary report for the water main. PLANS AND SPECIFICATIONS Project 945 - 15th Avenue Storm Sewer and Street Improvements: A public hearing for this project was held on August 5. At the same time, the plans and specifications were accepted and advertisements for bids ordered by the Council. We have requested an extension of the DNR permit for this project to November 27, 1991. The schedule for the project is as follows: August 14 - Ad for bid published in newspaper August 27 -Bid date September 3 - Award contract November 27 - Project completion date Page 1. 70.cor 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612 - 636 -4600 a 35th Anniversary It i Medina Road Trunk Water Main Improvements: The plans and specifications for this project are 80% complete. The project is currently on hold, pending receipt of all the necessary easements and rights -of -way. Project 715 - Plymouth Business Center 5th Addition: The plans and specifications for this project have been accepted by the City Council and advertisements for bids have been published. The schedule for the project is as follows: August 14 - Bid date August 19 - Award contract November 27 - Project completion date County Road 10 Trunk Water Main Improvements: We have submitted a Preliminary Report to the City along with a draft set of plans and specifications for review. A review meeting is scheduled for later today. The tentative schedule for this project is as follows: August 14 - Finalize plans and specifications v7 August 19 - Accept plans and specs, order bids 1 , August 21 - Ad for bid published in newspaper September 11 - Bid date September 16 - Award contract vj" ACTIVE CONSTRUCTION PROJECTS Project 909 - Well No. 11 - E.H. Renner & Sons: We have obtained quotes for drilling four new test wells at alternate locations in the Zachary Well Field. These have been submitted to the City for selection of the contractors. Proiect 008 - Bass Creek Business Park - C. W. Houle, Inc.: All work on this project is complete except for the bituminous wear course and miscellaneous repair work. The bituminous wear course is scheduled to be completed by September 13. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Daniel J.dgertof, P.E. cc: OGB MLS GRC RGS HMO JKI Page 2. August 9, 1991 Mr. Dan Faulkner, P.E. City Engineer City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Re: Medina Road Status Report Dear Mr. Faulkner: r C t' u ENGINEERS ARCHITECTS SCIENTISTS Following is a summary of the status of the Medina Road project since July 3, 1991. A nationwide permit was received from the Department of the Army, Corps of Engineers, on July 18, 1991. The permit was needed prior to beginning construction of any fill in wetland areas. The Contractor was immediately authorized to proceed with construction and work began on Monday, July 22, 1991. Included in the work that has begun or been completed is clearing and grubbing, sanitary sewer construction, the storm sewer jack boring, approximately 900 feet of 8" watermain from County Road 101 to the west, and common excavation from County Road 101 to about 1600 feet east of County Road 101. Progress has been impeded by recent wet weather conditions, particularly because of the moisture sensitive soils that are predominant on the project. Throughout construction, the contractor has maintained reasonable access to properties lying adjacent to Medina Road. Furthermore, Donohue and the contractor have communicated with residents abutting the project in matters relating to the construction including access, status and scheduling of the work, and inherent nuisances and inconveniences. Construction meetings, which include the contractor's supervisory personnel, City staff, Donohue, and utility company representatives as appropriate, are being convened weekly to discuss project related questions, problems, scheduling, and progress. City staff and Donohue have continued efforts to obtain the DNR permit for which application was previously made. During a meeting on August 7, 1991 with the DNR regional hydrologist, preliminary approval was sought of a proposed wetland compensation site that would adjoin the existing DNR wetland that is proposed to be disturbed, and for which a permit is required. When 7200 Hemlock Irene, &nh, Maple Grove, Minnesota 55369 612.425.2181 Fir 612.425.1913 Printed on g recirled paper. r Mr. Dan Faulkner August 9, 1991 ENGINEERS Page 2 ARCHITECTS SCIENTISTS the necessary wetland compensation plan has been prepared by the City, approved by the DNR, and when the compensatory work has been satisfactorily completed, the DNR has stated that the permit will then be granted to the City. Thereafter, construction in the DNR wetland area may proceed. We anticipate that, in the next month, the DNR permit will be granted and construction on the project as a whole will continue. If there are any questions regarding the foregoing, please call me at 425- 2181. Very truly yours, DONOHUE & ASSOCIATES, INC. Eugene nderson, P.E. EA /sjw T /L /AN6 File: 42398.330 i SCHOELL &. MADSON, INC. ENGINEERS • SURVEYORS • PLANNERS SOIL TESTING • ENVIRONMENTAL SERVICES I 105BO WAYZATA BOULEVARD • MINNETONKA, MN 55343 -5482 612) 546 -7601 • FAX [61 21 546 -9065 August 13, 1991 Mr. Dan Faulkner., P.E. City Engineer City of Plymouth 3400 Plymouth. Road Plymouth, MN 55447 VUPi' 1 City of P'ymouth Subject: Engineering Status Report, North Central Trunk Sanitary Sewer, City Project No. 015 16th Report) Dear Dan: Enclosed for your use is the July- August Engineering Status Report for the North Central Trunk Sanitary Sewer Project. Important items include: 1. Glendale Contracting, Inc. submitted their second pay request in the amount of $56,771.58. The pay request was approved by Schoell & Madson, Inc. The total amount paid to Glendale is $143,050.10 which represents 44% of the work completed. 2. Glendale Contracting, Inc. dial not meet the second substantial completion date of August 1, 1991 and is still installing city trunk within the Curtis Lake Development. 3. The project schedule has been revised to: a. Glendale Contracting will attempt to finish the 24" trunk installation and backfill within the Curtis Lake Development by August 16, 1991. b. Glendale Contracting will move to trunk project MH 1 and complete the 24" pipe construction to MH 4. AFFIRMATIVE ACTION • EQUAL OPPORTUNITY EMPLOYER SCHOELL & MAOSON, INC. Mr. Dan Faulkner, P.E. -2- August 13, 1991 C. Glendale Contracting, after completing the trunk sewer, will finish the project by installing the 10" sewer in the Curtis Lake Development. 4. The November 1, 1991 substantial completion date is still in effect. If you have questions or comments, please feel free to give me a call. Very truly yours, SCH LL & MADSON, INC. ohn Karwacki, P.E. Project Engineer JRK /cj AV MEMORANDUM ENGINEERS N ARCHITECTS PLANNERS 3535 VADNAIS CENTER DRIVE, ST PAUL, MINNESOTA 55110 612 490 -2000 C`t . c TO: DAN FAULKNER, CITY ENGINEER ` j ILCV CITY OF PLYMOUTH j; t FROM: SUE MASON DATE: AUGUST 12, 1991 SUBJ: PROJECT STATUS REPORT SEH FILE NO'S: 90154, 90197, 91091, 90187, 91003, 91286 AND 91039 1990 STREET RECONSTRUCTION PROJECT - CITY PROJECT NO. 001 Hardrives, Inc. still has some sod replacement to complete before the project will be final. N.W. TRUNK SANITARY SEWER - PHASE I - CITY PROJECT NO. 014 Glendale Contracting has completed the project except the bituminous trail on the east end of the project near the school. N.W. TRUNK SANITARY SEWER - PHASE II - CITY PROJECT NO. 014 Northdale Construction is testing the sewer line and expects to connect to manhole 38A at Amber Woods this week. DISTRICT N.W. 17 SANITARY TRUNK SEWER - SEH is preparing plans and specificati go to City staff for review next specifications are proposed to go to September 3. The project is proposed January. WELL NO. 13 - CITY PROJECT NO. 013 CITY PROJECT NO- 040 ons which are expected to week. The plans and council for approval on to be bid in December or The final application was approved by the council. This project is final. SHORT ELLIOTT HENDRICKSON INC. 1 ST PAUL, MINNESOTA CHIPPEWA FALLS, WISCONSIN Memorandum August 13, 1991 Page #2 PUMPING STATION AND FEEDERMAIN - CITY PROJECT NO. 013 Richmar Contracting plans to move in tomorrow to begin construction of this project. 1991 STREET RECONSTRUCTION PROJECT - PHASE I - DISTRICTS 4, 7, AND 11 - CITY PROJECT r *r._ 1n') This project is progressing on schedule. The curb and gutter work in District 7 has been completed and the contractor plans to pave the bituminous base course and the wearing course this week. C.S. McCrossan is currently finishing pipe work on Ximines and plans to finish the curb repair in Districts 4 and 11 this week. Most of the streets in Districts 4 and 11 have received the bituminous base course except 39th Avenue, Ximines and Revere. 1991 STREET RECONSTRUCTION PROJECT - PHASE II - DISTRICT 3 - CITY PROJECT NO. 102 SEH and City staff have discussed postponing the street project until 1992. The watermain reconstruction on Union Terrace from Trenton to Saratoga, however, is tentatively scheduled to be constructed yet this fall. A meeting with the neighborhood group at 4:00. 1992 STREET RECONSTRUCTION PROJECTS The feasibility report for the 1992 street improvements was ordered by the City Council on August 5, 1991. SEH and City staff will schedule a meeting to schedule the project. SEH has begun to review the areas proposed for reconstruction in 1992. SMM /cih JNM James M. Montgomery Consulting Engineers, Inc. up Mr. Dan Faulkner, City Engineer City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Re: Pond BC -P1 Outlet Improvements Project Status Report Dear Dan: Serving the World's Te c. "osF Environmental Needs :E"-; 545 Ico a,) MU:.. ^,a Way'To ".a_ PA —es,Ca August 6, 1991 4 AUG g 1991 City of Plymouth Last month the 36" RCP storm sewer was successfully jacked under Co. Rd. 101. MH -1 and the last section of 30" RCP were installed and all connections made. Backfill, compaction, and grading work has now been completed on the east side of Co. Rd. 101. To provide positive stormwater drainage to the existing channel north of Medina Road, a temporary culvert was placed under Medina Road and a ditch dug to the north. Progress Payment No. 1 in the amount of $17,975.21 was approved by JMM on July 15, 1991 and forwarded to the City of Plymouth for approval and payment. This amount represents 23.4 percent of the original contract price of $76,872.70. Due to recent rains and wet soil conditions, the Contractor's work has been slowed considerably. The Contractor is currently dewatering and backfilling the existing sanitary sewer trenches on the west side of Co. Rd. 101 as part of the NW Trunk Sanitary Sewer Project. Once this work is completed, the Contractor will begin excavation of the open channel to the north which was staked by JMM on August 5, 1991. We stiii have not received a formal response for copy) from the DNR to the City's permit amendment request to lower the proposed runout elevation for Pond BC -P1. The amendment request was made on June 7, 1991. Should you have any questions on this report or need additional information for the City Council Meeting, please contact me at 473 -4224. Sincerely, JAMES M. MONTGOMERY, CONSULTING ENGINEERS, INC. Dale Claridge, P.E. August 12, 1991 employer A change order (Change Order No. 4) is being prepared to adjust estimated quantities to final quantities, and to compensate the Contractor for bituminous correction caused by unforeseen site conditions along County Road 9. This change order will be presented at the August 19, 1991, council meeting for approval. This change order will also extend the final completion date to September 15, 1991, to allow the Contractor time to complete punch list items. Please call if you have any questions regarding this status report. Sincerely, Richard J. Kloskin, P.E. RIEKE CARROLL MULLER ASSOCIATES, INC. RJK /ch Enclosures c: Bob Robertson, RCM 10901 red circle drive box 130 minnetonka, minnesota 55343 612- 935 -6901 Mr. Daniel L. Faulkner City Engineer City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 RE: August Status Report County Road 9 /County Road 101 CAU G13 Trunk Watermain Improvements City Project No. 012 Schmidt Garden Watermain Improvements City Project No. 034 RCM Project No. 10074.04 and 10074.05 Dear Mr. Faulkner: Bituminous deficiencies were corrected along County Road 9 on July 24, 1991, and seal coating was completed from Dunkirk Lane to Peony Lane on July 25, 1991. rieke carroll A site project inspection was made on July 30, 1991, with representatives mulier associates, inc. from the City, Glendale Contracting, Inc., and RCM present. A preliminary engineers punch list was made and sent to the Contractor on August 5, 1991. The architects Contractor began correction of deficient items immediately after the land surveyors inspection date. A final inspection will be made after items on the equal opportunity preliminary punch list are completed. employer A change order (Change Order No. 4) is being prepared to adjust estimated quantities to final quantities, and to compensate the Contractor for bituminous correction caused by unforeseen site conditions along County Road 9. This change order will be presented at the August 19, 1991, council meeting for approval. This change order will also extend the final completion date to September 15, 1991, to allow the Contractor time to complete punch list items. Please call if you have any questions regarding this status report. Sincerely, Richard J. Kloskin, P.E. RIEKE CARROLL MULLER ASSOCIATES, INC. RJK /ch Enclosures c: Bob Robertson, RCM 10901 red circle drive box 130 minnetonka, minnesota 55343 612- 935 -6901 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 14, 1991 TO: Daniel L. Faulkner, City Engineer FROM: Darrell Johnson, Senior Engineering Technician - Drainage SUBJECT: EROSION CONTROL STATUS REPORT Erosion control monitoring has continued this past month with on -site inspections and follow -up phone calls on a regular basis. To date, there have been a total of 23 first time warning notices mailed to developers and 14 penalties of $100 each for not complying with the Erosion Control Policy. The Erosion Control Task Force met again during the last week in July to narrow down the list of proposed changes to the Erosion Control Policy. Staff is in the process of revising the policy on a preliminary basis for presentation to the Task Force for review and comment. The third and final meeting will be held tentatively in September. After that time, the final draft of the Erosion Control Policy will be presented to the Council for consideration. Erosion Control Intern, Pat Geary, will terminate employment with the City on August 21 so that he may go back to school and finish his Engineering Degree. This position will remain vacant throughout the end of this year. In his absence, I will be monitoring the construction sites with additional assistance from the Engineering Aides. Attached is the updated Street Sweeping Status Report. DJ:kh attachment O 1 -4 O a rl D a) P4 O 94 H z O U z O H O P4 w H O O r-I x H x H d P+ H A H P4 cj M H a A z N i O H r` E-. 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