HomeMy WebLinkAboutCity Council Packet 12-02-1991CITY OF PLYMOUTH
AGENDA
REGULAR COUNCIL MEETING
DECEMBER 2, 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 7:00 P.M.
2. INVOCATION
3. ROLL CALL
4. CONSENT AGENDA
5. MINUTES
6. PUBLIC HEARINGS
A. Application of Jimwin Inc., d /b /a
Ivories, 605 N. Highway 169, for on -sale
and Sunday intoxicating liquor licenses
B. Vacation of Street, Utility and Drainage
Easements in Parkers Lake North 6th
Addition
7. PETITIONS, REQUESTS AND COMMUNICATIONS
A. Adoption of Assessments:
1. North West Trunk Sanitary Sewer,
Project 014
2. County Road 9/101 Trunk Watermain,
Project 012
B. Wagner Spray Tech Corporation. Final
Plat, Site Plan Amendment, Conditional
Use Permit and Variance to demolish an
existing building and construct parking
for trucks and trailers located at 1770
Fernbrook Lane North (91091)
C. Goff Homes. Reduction of Site
Performance Guarantee for Fernbrook
Manor located at 44th Avenue North and
Fernbrook Lane (Phase II) (88012)
D. Goff Homes. Reduction of Site
Improvement Performance Agreement for
Fernbrook Manor located at 44th Avenue
North and Fernbrook Lane (Phase III)
88019)
E. Greenland Investment Company. Release
of Site Improvement Performance
Agreement for Midwest Brick (87064)
F. Kent and Lori Terrell. Appeal of Board
of Zoning Adjustments and Appeals Ruling
Regarding Variance Request for property
located at 10128 Southshore Drive
G. United States Postal Service. Amendment
to Site Plan Approval Resolution (91041)
H. CENVESCO, Inc. Release of Site
Performance Financial Guarantee for
Quail Ridge located at 41st Avenue North
and Polaris Lane (87134)
I. Recommendations for Fiscal Consultant
J. Community Development Block Grant.
Reallocation of Year XVII Program Income
from Senior Site
K. Authorize Finance Director to call
various Outstanding Bonds
L. Application of Star Liquors, 4190
Vinewood Lane North #102, for a
cigarette license
M. Development Contract Bond Reductions:
1. Zachary Heights Addition (88042)
2. Bay Pointe on Mooney Lake Addition
89005)
3. Churchill Farms Addition (90009)
4. Curtis Lake Addition (90105)
5. Ridgecrest 2nd Addition (A -774)
6. Ridgecrest 3rd Addition (A -774)
7. Fawn Creek Addition (90022)
8. Kings North Addition (86068)
1
r
N. Receive petition and set public hearing
on vacation of easements /right -of -way:
1. Portion of Garland Lane in Plymouth
Meadows Addition
2. Public trail easement on Lot 21,
Block 1, Pine Ridge at Bass Lake
Addition
3. Drainage and utility easements in
Churchill Farms Addition
O. Receive petition, order and accept
report and order street lighting
improvements:
1. Bass Creek Business Park
2. Ranchview Manor and Parkers
Lakeside Second Addition (Quantico
Lane cul -de -sac)
P. Approve Payment No. 10 and reduce
retainage to 2 percent, Bass Creek
Business Park Improvements, Project No.
008
Q. Approve plans and specifications and
advertise for bids for Northwest 17
Trunk Sanitary Sewer, Project No. 040
R. Approve City of Plymouth to administer
interim program for wetlands under
Wetland Conservation Act of 1991
8. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
A. Chelsea Woods Areas (Weston Lane) Storm
Drainage Study
B. Compliance with Ethical Practices Act
C. City Council Information Memorandum
9. ADJOURNMENT
MINUTES
REGULAR COUNCIL MEETING
NOVEMBER 18, 1991
The regular meeting of the Plymouth City Council
was called to order by Mayor Bergman at 7:00 p.m.
in the Council Chambers of the City Center, 3400
Plymouth Blvd., on November 18, 1991.
PRESENT: Mayor Bergman, Councilmembers Helliwell
and Vasiliou.
ABSENT: Councilmembers Ricker and Zitur
STAFF PRESENT: City Manager Willis, Assistant
Manager Boyles, Community Development Director
Dillerud, Public Works Director Moore, Park
Director Blank, Finance Director Hahn, Attorney
Thomson, and City Clerk Rauenhorst
PRESENTATION
Manager Willis stated that earlier this year,
Springsted Public Financial Advisors prepared an
analysis of the financial impact of proposed
future development in the Northwest and North
Central areas of the City. This analysis assumed
that: 1) the levy limitation would be removed
after 1992, and 2) that the levy limit currently
in force would remain throughout the duration of
the study.
Dave MacGillivray, representing Springsted Inc.,
presented the Fiscal Impact Study Addendum. He
stated the financial result of the previous Study
was neutral. The Addendum to the Study addresses
the fact that the 1991 legislature froze the
City's levy limit for 1992 at the same level as
1991. He stated that the City will experience
annual operating deficiencies if no additional
tax dollars can be generated by the new growth.
However, he considers it unlikely that the
legislature will continue this levy limit freeze
for an extended period of time.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Helliwell, to accept
the Addendum to the Development Financial Impact
Study.
5
Springsted Inc.
Addendum to
Development Fiscal
Impact Study
Item 4 -A
Regular Council Meeting
November 18, 1991
Page 444
Motion carried, three ayes.
CONSENT AGENDA
MOTION was made by Councilmember Vasiliou, Consent Agenda
seconded by Councilmember Helliwell, to approve Item 5
the Consent Agenda.
Motion carried on a roll call vote, three ayes.
MINUTES
MOTION was made by Councilmember Vasiliou, Minutes
seconded by Councilmember Helliwell, to approve Item *6
the minutes of November 4 and November 6, 1991.
Motion carried on a roll call vote, three ayes.
PETITIONS, REQUESTS AND COMMUNICATIONS
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Helliwell, to adopt
RESOLUTION NO. 91 -720 APPROVING AMENDED
RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND
CONDITIONAL USE PERMIT FOR DAN AND MARY CATENA
9`1090) .
Motion carried on a roll call vote, four ayes.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Helliwell, to adopt
RESOLUTION NO. 91 -721 APPROVING CONDITIONAL USE
PERMIT FOR A CLASS II RESTAURANT TO BE LOCATED AT
4190 VINEWOOD LANE NORTH (91092).
Motion carried on a roll call vote, three ayes.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Helliwell, to adopt
RESOLUTION NO. 91 -722 APPROVING SITE PLAN
AMENDMENT AND CONDITIONAL USE PERMIT FOR KELLY
INNS LTD. (91095).
Motion carried on a roll call vote, three ayes.
RESOLUTION 91 -720
APPROVING AMENDED
RPUD PLAN AND CUP
FOR DAN AND MARY
CATENA (91090)
Item *7 -A
RESOLUTION 91 -721
APPROVING CUP FOR
RESTAURANT AT 4190
VINEWOOD LANE
NORTH (91092)
Item *7 -B
RESOLUTION 91 -722
APPROVING SITE
PLAN AMENDMENT AND
CUP FOR KELLY INNS
LTD. (91095)
Item *7 -C
Regular Council Meeting
November 18, 1991
Page 445
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Helliwell, to adopt
RESOLUTION NO. 91 -723 AUTHORIZING ALLOCATION
YEAR XVII COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS.
RESOLUTION 91 -723
AUTHORIZING
OF ALLOCATION OF YEAR
XVII CDBG FUNDS
FOR 10TH AVE. PARK
Item *7 -D
Motion carried on a roll call vote, three ayes.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Helliwell, to adopt
RESOLUTION NO. 91 -724 APPROVING DISBURSEMENTS FOR
THE PERIOD ENDING OCTOBER 31, 1991.
Motion carried on a roll call vote, three ayes.
Manager Willis stated the Housing and
Redevelopment Authority has conducted a public
hearing and recommended that Community
Development Block (CDBG) funds in the amount of
140,000 be used for 10th Avenue Park. The
remainder of the contract for park construction
would be funded from the Park Dedication Fund.
RESOLUTION 91 -724
APPROVING
DISBURSEMENTS FOR
PERIOD ENDING
10 -31 -91
Item *7 -E
MOTION was made by Councilmember Helliwell, RESOLUTION 91 -725
seconded by Councilmember Vasiliou, to adopt APPROVING
RESOLUTION NO. 91 -725 APPROVING CONTRACTS FOR THE CONTRACTS FOR
CONSTRUCTION OF PROJECT NO. 114 AND 122, Shiloh, NEIGHBORHOOD PARKS
Gleanloch, and 10th Avenue Neighborhood Parks. Item 7 -F
Motion carried on a roll call vote, three ayes.
Manager Willis stated that Topline Outdoor
Advertising, Inc., has indicated they agree with
the staff recommendation of a $1,755 refund of
application expenses for a sign permit. The
Council may deem this reimbursement appropriate
due to the moratorium on such permits adopted by
the City Council.
MOTION was made by Councilmember Helliwell, RESOLUTION 91 -726
seconded by Councilmember Vasiliou, to adopt REIMBURSEMENT OF
RESOLUTION NO. 91 -726 APPROVING REIMBURSEMENT OF APPLICATION
APPLICATION EXPENSES FOR TOPLINE OUTDOOR EXPENSES FOR
ADVERTISING, INC. TOPLINE OUTDOOR
ADVERTISING
Motion carried on a roll call vote, three ayes. Item 7 -G
Regular Council Meeting
November 18, 1991
Page 446
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Helliwell, to adopt
RESOLUTION NO. 91 -727 1992 MUNICIPAL SOURCE
SEPARATED RECYCLABLES.
Motion carried on a roll call vote, three ayes.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Helliwell, to adopt
RESOLUTION NO. 91 -728 RELATING TO THE BASSETT
CREEK FLOOD CONTROL PROJECT AND AUTHORIZING THE
BASSETT CREEK WATER MANAGEMENT COMMISSION TO
CONTRACT WITH THE CITIES OF GOLDEN VALLEY,
MINNEAPOLIS, AND PLYMOUTH TO CONSTRUCT CERTAIN
RELOCATION PROJECTS.
Motion carried on a roll call vote, three ayes.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Helliwell, to adopt
RESOLUTION NO. 91 -729 ORDERING PUBLIC HEARING ON
THE PROPOSED VACATION OF STREET RIGHT -OF -WAY,
SUNSET LANE WEST OF JUNEAU LANE, SUNSET ACRES
ADDITION.
Motion carried on a roll call vote, three ayes.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Helliwell, to adopt
RESOLUTION NO. 91 -730 ORDERING PUBLIC HEARING ON
THE PROPOSED VACATION OF DRAINAGE AND UTILITY
EASEMENTS, LOT 1, BLOCK 1 AND OUTLOT A, WST
ADDITION.
Motion carried on a roll call vote, three ayes.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Helliwell, to adopt
RESOLUTION NO. 91 -731 DECLARING ADEQUACY OF
PETITION AND ORDERING PREPARATION OF REPORT,
STREET LIGHTING - SEVEN PONDS SECOND ADDITION.
Motion carried on a roll call vote, three ayes.
RESOLUTION 91 -727
1992 GRANT
APPLICATION FOR
RECYCLING PROGRAM
Item *7 -H
RESOLUTION 91 -728
AUTHORIZING
BASSETT CREEK
WATER MANAGEMENT
COMMISSION TO
CONTRACT WITH
CITIES FOR
PROJECTS
Item *7 -I
RESOLUTION 91 -729
SETTING HEARING ON
VACATION OF STREET
RIGHT -OF -WAY IN
SUNSET ACRES
ADDITION
Item *7 -J
RESOLUTION 91 -730
SETTING HEARING ON
VACATION OF
DRAINAGE AND
UTILITY EASEMENTS
IN WST ADDITION
Item *7 -K
RESOLUTION 91 -731
ACCEPTING PETITION
AND ORDERING
REPORT, STREET
LIGHTING - SEVEN
PONDS SECOND ADDN.
Item *7 -L
Regular Council Meeting
November 18, 1991
Page 447
MOTION was made by Councilmember Vasiliou, RESOLUTION 91 -732
seconded by Councilmember Helliwell, to adopt ACCEPTING REPORT
RESOLUTION NO. 91 -732 RECEIVING REPORT AND AND ORDERING
ORDERING PROJECT - STREET LIGHTING, SEVEN PONDS STREET LIGHTING,
SECOND ADDITION. SEVEN PONDS SECOND
ADDITION
Motion carried on a roll call vote, three ayes. Item *7 -L
MOTION was made by Councilmember Vasiliou, RESOLUTION 91 -733
seconded by Councilmember Helliwell, to adopt REDUCING
RESOLUTION NO. 91 -733 REDUCING DEVELOPMENT BOND, DEVELOPMENT BOND,
PLYMOUTH MEADOWS ADDITION (88112). PLYMOUTH MEADOWS
ADDITION (88112)
Motion carried on a roll call vote, three ayes. Item *7 -M -1
MOTION was made by Councilmember Vasiliou, RESOLUTION 91 -734
seconded by Councilmember Helliwell, to adopt REDUCING
RESOLUTION NO. 91 -734 REDUCING DEVELOPMENT BOND, DEVELOPMENT BOND,
SEVEN PONDS SECOND ADDITION (91062). SEVEN PONDS SECOND
ADDITION (88112)
Motion carried on a roll call vote, three ayes. Item *7 -M -2
MOTION was made by Councilmember Vasiliou, RESOLUTION 91 -735
seconded by Councilmember Helliwell, to adopt REDUCING
RESOLUTION NO. 91 -735 REDUCING DEVELOPMENT BOND, DEVELOPMENT BOND,
PONDEROSA WOODS ADDITION (88139). PONDEROSA WOODS
ADDITION (88139)
Motion carried on a roll call vote, three ayes. Item *7 -M -3
MOTION was made by Councilmember Vasiliou, RESOLUTION 91 -736
seconded by Councilmember Helliwell, to adopt REDUCING
RESOLUTION NO. 91 -736 REDUCING DEVELOPMENT BOND, DEVELOPMENT BOND,
DEERWOOD GLEN PLAT TWO (87010 FKA 86084). DEERWOOD GLEN PLAT
TWO (87010 FKA
Motion carried on a roll call vote, three ayes. 86084)
Item *7 -M -4
MOTION was made by Councilmember Vasiliou, RESOLUTION 91 -737
seconded by Councilmember Helliwell, to adopt REDUCING
RESOLUTION NO. 91 -737 REDUCING DEVELOPMENT BOND, DEVELOPMENT BOND,
HERITAGE RIDGE ADDITION (86087). HERITAGE RIDGE
ADDITION (86087)
Motion carried on a roll call vote, three ayes. Item *7 -M -5
Regular Council Meeting
November 18, 1991
Page 448
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Helliwell, to adopt
RESOLUTION NO. 91 -738 APPROVING CHANGE ORDER NO.
2, PUBLIC WORKS BUILDING EXPANSION, CITY PROJECT
NO. 009.
Motion carried on a roll call vote, three ayes.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Helliwell, to adopt
RESOLUTION NO. 91 -739 APPROVING CHANGE ORDER NO.
3, PUBLIC WORKS BUILDING EXPANSION, CITY PROJECT
NO. 009.
Motion carried on a roll call vote, three ayes.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Helliwell, to adopt
RESOLUTION NO. 91 -740 APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR
BIDS, 1991 STREET RECONSTRUCTION PROJECT - PHASE
II, CITY PROJECT NO. 102.
Motion carried on a roll call vote, three ayes.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Helliwell, to adopt
RESOLUTION NO. 91 -741 SETTING PUBLIC HEARING ON
ON -SALE AND SUNDAY INTOXICATING LIQUOR LICENSE
APPLICATIONS OF JIMWIN INC., D /B /A IVORIES.
Motion carried on a roll call vote, three ayes.
RESOLUTION 91 -738
APPROVING CHANGE
ORDER NO. 2,
PUBLIC WORKS
BUILDING EXPANSION
Item *7 -N
RESOLUTION 91 -739
APPROVING CHANGE
ORDER NO. 3,
PUBLIC WORKS
BUILDING EXPANSION
Item *7 -N
RESOLUTION 91 -740
APPROVING PLANS
AND ORDERING BIDS,
1991 STREET
RECONSTRUCTION
PROJECT - PHASE II
PROJECT NO. 102
Item *7 -0
RESOLUTION 91 -741
SETTING HEARING ON
LIQUOR LICENSE
APPLICATIONS OF
JIMWIN INC., D /B /A
IVORIES
Item *7 -P
MOTION was made by Councilmember Vasiliou, RESOLUTION 91 -742
seconded by Councilmember Helliwell, to adopt APPROVING 1991 -92
RESOLUTION NO. 91- 742APPROVING 1991 -1992 CIGARETTE LICENSE
CIGARETTE LICENSE APPLICATION for Drug Emporium, FOR DRUG EMPORIUM
Inc., 4190 Vinewood Lane. Item *7 -Q
Motion carried on a roll call vote, three ayes.
REPORTS OF OFFICERS, BOARDS, AND COMMISSIONS
Councilmember Vasiliou stated that applications Water Quality
have been solicited through a variety of media Committee
for residents interested in serving on the newly Item 8 -A
formed Water Quality Committee. She suggested
that the Council appoint all individuals who have
submitted applications, rather than continue to
Regular Council Meeting
November 18, 1991
Page 449
solicit interest so the
work.
Councilmember Helliwell
the applicants are very
enthusiastic about the
appointments should not
Committee can begin its
concurred, stating that
qualified and
ommittee. The
be delayed further.
MOTION was made by Councilmember Vasiliou,
seconded by Councilmember Helliwell, to appoint
the following individuals to the Water Quality
Committee: Jeffrey A. Shopek, David G.
Tkachenko, Valentin Scheglowski, Gordon D. Lewis,
LuAnn Yattaw, Mary Christine McKee, Bonnie
Hackner, and Bob Zitur - exofficio member.
Motion carried, three ayes.
Staff was directed to notify all applicants of
the appointments.
In response to a question by Councilmember
Vasiliou, Community Development Director Dillerud
stated that the Planning Commission will discuss
ordinance amendments with respect to setbacks
relating to the adult correctional facilities on
November 27. Mr. Bohnert and Mr. Johnson have
been notified of this meeting.
Councilmember Vasiliou stated this is the day
before Thanksgiving and asked that consideration
be given to holiday schedules.
Director Dillerud stated there is no time
constraint from staff's perspective, and the
hearing could be continued to meetings in
December if desired by the neighborhood.
MOTION was made by Councilmember Vasiliou,
seconded by Mayor Bergman, to accept the City
Council Directives report.
Motion carried, three ayes.
Council Directives
Item 8 -B
MOTION was made by Councilmember Helliwell, Project Status
seconded by Councilmember Vasiliou, to accept the Reports
Capital Improvement and Project Status Reports. Item 8 -C
Motion carried, three ayes.
Regular Council Meeting
November 18, 1991
Page 450
Mayor Bergman announced that the U.S. Postal Post Office Name
Service has chosen the name "Lost Lake Station"
for the second postal facility in Plymouth. He
thanked the Plymouth Historical Society for their
input on the name selection.
Councilmember Vasiliou stated that she and the
City Manager have worked to get the Twin West
Chamber of Commerce involved in the concerns
expressed by businesses that this facility will
not open with a service window.
Mayor Bergman asked staff to respond to Mr.
Stemper's letter relating to the Northwest Blvd.
alignment.
Director Moore stated he has already responded to
the DNR and Mr. Stemper regarding the letter, and
will provide a copy to the Council.
The meeting was adjourned at 7:28 p.m.
City Clerk
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: Nov. 27, 1991, for Council Meeting of Dec. 2, 1991
TO: James G. Willis, City 'Manager
FROM: Laurie Rauenhorst 'malty Clerk, through Frank Boyles,
Assistant City M ager
SUBJECT: ON -SALE INTOXICATING LICENSE APPLICATION OF JIMWIN,
INC., D /B /A IVORIES, 605 N. HIGHWAY 169
ACTION REQUESTED: Following a public hearing, adopt the attached
resolution approving an on -sale intoxicating and Sunday liquor
license for Jimwin, Inc., d /b /a Ivories, 605 N. Highway 169.
BACKGROUND: The City has received an application for an on -sale
intoxicating and Sunday liquor license from Jimwin Inc., d /b /a
Ivories, for the premises at 605 N. Highway 169. This is in the
Waterford Park complex and this location was previously licensed
to` Yesterday's Restaurant.
The applicant has complied with the requirements of the City's
Policy Relating to the Issuance of On -Sale Intoxicating Liquor
Licenses. All fees have been paid and proof of insurances
provided. The Police Department has conducted an investigation
of the applicant and found no reason to recommend denial of the
license.
RECOMMENDATION: The attached resolution approving the licenses
is recommended for adoption.
CITY OF PLYMOUTH
RESOLUTION NO. 91-
APPROVING ON -SALE AND SUNDAY INTOXICATING
LIQUOR LICENSES FOR JIMWIN INC.
WHEREAS, the City has received an application for an on -sale
intoxicating and Sunday liquor license from Jimwin, Inc., d /b /a
Ivories, 605 N. Highway 169; and
WHEREAS, the Police Department has conducted an investigation and
finds no reason to deny the license; and
WHEREAS, following required published and posted notice, the City
Council conducted a public hearing and finds no reason to deny
the license.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Plymouth that an on -sale intoxicating and Sunday license is
hereby approved for Jimwin Inc., d /b /a Ivories, 605 N. Highway
169, for the period expiring January 31, 1992.
Adopted by the City Council on December 2, 1991.
November 14, 1991
Stephan Heath
Capital Resource Credit Consultants Inc.
5901 Brooklyn Blvd.
Minneapolis, MN 55429
Dear Mr. Heath:
The Plymouth City Council will conduct a public hearing on
Monday, December 2, 1991, at 7:00 p.m. in the Council Chambers of
the City Center, 3400 Plymouth Blvd., to consider the application
of Jimwin, Inc., d /b /a Ivories for on -sale and Sunday
intoxicating liquor licenses at 605 N. Highway 169. You or your
representative should be present to answer any questions the
Council may have.
I have enclosed two copies of the public hearing notice. Please
post one notice on the premises to be licensed and the other
notice somewhere else in the vicinity. I will post a copy of the
hearing notice at the City Center and will provide for the
required published notice.
If you have questions regarding this hearing or need further
information prior to the hearing, please contact me at 550 -5014.
Sincerely,
Laurie Rauenhorst
City Clerk
Enc.
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550 -5000
NOTICE OF HEARING ON
ON -SALE INTOXICATING AND SUNDAY LIQUOR LICENSE
APPLICATION OF JIMWIN INC., D /B /A
IVORIES, 605 N. HIGHWAY 169
NOTICE IS HEREBY GIVEN that the Plymouth City Council will
conduct a hearing on the on -sale and Sunday intoxicating liquor
license applications of Jimwin Inc., d /b /a Ivories, for the
premises at 605 N. Highway 169, on Monday, December 2, 1991, at
7:00 p.m.
The hearing will be held in the Council Chambers of the Plymouth
City Center, 3400 Plymouth Boulevard.
All persons wishing to address the Council regarding this
application will be heard at that time.
Laurie Rauenhorst
City Clerk
550 -5014
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550 -5000
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: November 25, 1991 for City Council Meeting of December,,2, 1991
TO: James G. Willis, City Manager through Fred G. Moore, Director of
Public Works
FRAM: Daniel L. Faulkner, City Engineer
SUBJECT: VACATION OF A TEMPORARY DRAINAGE EASEMENT FOR PONDING, A
TEMPORARY STREET EASEMENT, AND A PORTION OF SHENANDOAH COURT
WITHIN PARKERS LAKE NORTH 6TH ADDITION
ACTION REQUESTED: Authorize vacation of a temporary drainage and
utility easement for ponding, a temporary street easement and a portion
of Shenandoah Court within Outlot A and Lot 26, Block 1 Parkers Lake
North 6th Addition.
BACKGROUND: The City Council has established a public hearing for December
2, 1991 on the petition submitted by Mr. Keith Dahl of Bennett, Ringrose,
Wolsfeld, Jarvis, Gardener, Inc. representing Laukka - Williams Parkers Lake
to vacate a temporary drainage easement for ponding purposes over Outlot A
and Lot 26, Block 1; a temporary street easement over Outlot A; and a
portion of Shenandoah Court all within Parkers Lake North 6th Addition.
When the area was platted as Parkers Lake North 6th Addition, a temporary
ponding easement was granted since the exact configuration of the pond had
not been determined also, a temporary street easement for the cul -de -sac in
Outlot A was granted along with additional street right -of -way for
Shenandoah Court. The easements proposed to be vacated will be rededicated
on the final plat of Parkers Lake North 7th Addition.
RECOMMENDATIONS AND CONCLUSIONS: Unless new information is presented at the
public hearing, I recommend the City Council adopt the attached resolutions
vacating the temporary easement for ponding purposes, the temporary roadway
easement and a portion of Shenandoah Court and the resolution setting
conditions to be met prior to filing of the vacation resolutions.
Daniel L. Faulkner, P. E.
DLF:do
attachment: Resolutions
Map
CITY OF PLYMOUTH
RESOLUTION NO. 91-
AUTHORIZING THE VACATION OF A
TEMPORARY DRAINAGE EASEMENT FOR PONDING PURPOSES
OUTLOT A AND LOT 26, BLOCK 1
PARKERS LAKE NORTH 6TH ADDITION
WHEREAS, a petition was received to vacate a certain temporary drainage easement for
ponding purposes in Parkers Lake North 6th Addition; and
WHEREAS, a public hearing with respect to said vacation was scheduled for December 2,
1991, in accordance with Minnesota Statutes 412.851 as amended; and
WHEREAS, a notice of publication of said hearing was published and posted two weeks
prior to the meeting of December 2, 1991; and
WHEREAS, all property owners adjacent to the proposed vacation were duly notified by
mail; and
WHEREAS, the Council did hold a public hearing on December 2, 1991 to inform any and
all interested parties relevant to the vacation of a certain temporary drainage
easement for ponding purposes in Parkers Lake North 6th Addition; and
WHEREAS, it was determined by the City Council that said easements were not needed for
public purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA:
That the following temporary drainage easement for ponding purposes be vacated:
A temporary easement for public ponding purposes over, under and across all that part
of Outlot A, and Lot 26, Block 1, Parkers Lake North 6th Addition, according to the
plat thereof, on file and of record in the office of the Registrar of Titles, Hennepin
County, Minnesota, described as follows:
Commencing at the southwest corner of said Outlot A; thence on an assumed
bearing of North 89 degrees 33 minutes 29 seconds east, along the boundary
of said Outlot A for 655.00 feet to an angle point in said boundary; thence
north 00 degrees 26 minutes 31 seconds west along said boundary to an angle
point in said boundary and the actual point of beginning of the temporary
easement to be described; thence north 61 degrees 00 minutes 24 .seconds
west for 55.00 feet; thence south 89 degrees 33 minutes 29 seconds west for
190.00 feet; thence north 60 degrees 26 minutes 31 seconds west for 108.41
feet; thence north 30 degrees 26 minutes 31 seconds west for 46.00 feet;
thence south 60 degrees 26 minutes 31 seconds east for 145.00 feet; thence
north 89 degrees 33 minutes 29 seconds east for 129.00 feet; thence north
32 degrees 43 minutes 29 seconds east for 250.00 feet; thence north 84
degrees 43 minutes 29 seconds east for 116.00 feet; thence south 79 degrees
46 minutes 31 seconds east for 136.00 feet; thence southerly for 80 feet,
more or less, to a point on the boundary of said Outlot A, said point also
being the most northerly corner of Lot 27, Block 1, said Parkers Lake North
6th Addition; thence south 60 degrees 07 minutes 22 seconds west, along
said boundary for 335.00 feet to the point of beginning,
PARKERS LAKE NORTH 6TH ADDITION
TEMPORARY DRAINAGE EASEMENT FOR PONDING PURPOSES
Resolution No. 91-
Page Two
and
A temporary easement for public ponding purposes over, under and across all that part
of Lot 26, Block 1, said Parkers Lake North 6th Addition, which lies northwesterly of
the following described line and its extensions:
Commencing at the most northerly corner of said Lot 26; thence on an
assumed bearing of south 60 degrees 07 minutes 22 seconds west along the
boundary of said Lot 26 for 104.00 feet to the actual point of beginning of
the line to be described; thence south 35 degrees 37 minutes 22 seconds
west for 57 feet, more or less, to the boundary of said Lot 26 and said
line there terminating.
Adopted by the City Council on December 2, 1991.
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of
Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at the
meeting of the Plymouth City Council on , with the original
thereof on file in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the corporate seal of the City this
day of
City Clerk
CITY OF PLYMOUTH
RESOLUTION NO. 91-
AUTHORIZING THE VACATION OF
TEMPORARY ROADWAY EASEMENT IN OUTLOT A
PARKERS LAKE NORTH 6TH ADDITION
WHEREAS, a petition was received to vacate a certain temporary roadway easement in
Parkers Lake North 6th Addition; and
WHEREAS, a public hearing with respect to said vacation was scheduled for December 2,
1991, in accordance with Minnesota Statutes 412.851 as amended; and
WHEREAS, a notice of publication of said hearing was published and posted two weeks
prior to the meeting of December 2, 1991; and
WHEREAS, all property owners adjacent to the proposed vacation were duly notified by
mail; and
WHEREAS, the Council did hold a public hearing on December 2, 1991 to inform any and
all interested parties relevant to the vacation of a certain temporary roadway easement
in Parkers Lake North 6th Addition; and
WHEREAS, it was determined by the City Council that said easements were not needed for
public purposes.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA: That the following temporary roadway easement be vacated:
A temporary easement for roadway purposes over, under and across all that part of
Outlot A, Parkers Lake North 6th Addition, according to the plat thereof, on file or of
record in the office of the Registrar of Titles, Hennepin County, Minnesota, described
as follows:
Commencing at the southeast corner of said Outlot A; thence on an assumed
bearing of south 82 degrees 08 minutes 02 seconds west along the southerly
line of said Outlot A for 200.00 feet to the actual point of beginning of
the easement to be described; thence north 07 degrees 51 minutes 58 seconds
west for 51.43 feet; thence northerly, northwesterly, westerly,
southwesterly, southerly and southeasterly for 259.14 feet along a
tangential curve concave to the south, radius 73.50 feet and central angle
202 degrees 00 minutes 40 seconds; thence south 29 degrees 52 minutes 38
seconds east, tangent to said curve for 41.12 feet to said southerly line
of Outlot A; thence north 60 degrees 07 minutes 22 seconds east along said
southerly line for 38.00 feet to an angle point in said southerly line;
thence north 82 degrees 08 minutes 02 seconds east along said southerly
line for 91.00 feet to the point of beginning.
Adopted by the City Council on December 2, 1991.
PARKERS LAKE NORTH 6TH ADDITION
VACATION OF A TEMPORARY ROADWAY EASEMENT
Resolution No. 91-
Page Two
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of
Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at the
meeting of the Plymouth City Council on , with the original
thereof on file in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the corporate seal of the City this
day of
City Clerk
CITY OF PLYMOUTH
a
RESOLUTION NO. 91-
AUTHORIZING THE VACATION OF
SHENANDOAH COURT STREET RIGHT -OF -WAY IN
PARKERS LAKE NORTH 6TH ADDITION
WHEREAS, a petition was received to vacate a portion of street right -of -way in Parkers
Lake North 6th Addtiion; and
WHEREAS, a public hearing with respect to said vacation was scheduled for December 2,
1991, in accordance with Minnesota Statutes 412.851 as amended; and
WHEREAS, a notice of publication of said hearing was published and posted two weeks
prior to the meeting of December 2, 1991; and
WHEREAS, all property owners adjacent to the proposed vacation were duly notified by
mail; and
WHEREAS, the Council did hold a public hearing on December 2, 1991 to inform any and
all interested parties relevant to the vacation of a portion of street right -of -way in
Parkers Lake North 6th Addition; and
WHEREAS, it was determined by the City Council that said easements were not needed for
public purposes.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA: That the following street right -of -way be vacated:
All that part of the right of way of Shenandoah Court, as dedicated by and delineated
on Parkers Lake North 6th Addition, according to the plat thereof, on file and of
record in the office of the Registrar of Titles, Hennepin County, Minnesota, described
as follows:
Beginning at the northwest corner of Lot 36, Block 2, said Parkers Lake
North 6th Addition, also being a point on the easterly line of said
Shenandoah Court; thence on an assumed bearing of south 82 degrees 08
minutes 02 seconds west along the westerly extension of the northerly line
of said Lot 36 for 66.69 feet; thence southerly for 197.62 feet along a
non - tangential curve concave to the west, radius 215.00 feet and central
angle 52 degrees .39 minutes 53 seconds, the chord of said curve bears south
13 degrees 17 minutes 58 seconds east to the easterly line of said
Shenandoah Court; thence northerly along said easterly line of Shenandoah
Court to the point of beginning.
Adopted by the City Council on Decermber 2, 1991.
PARKERS LAKE NORTH 6TH ADDITION
VACATION OF SHENANDOAH COURT STREET RIGH -OF -WAY
Resoloution No. 91-
Page Two
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of
Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at the
meeting of the Plymouth -City Council on , with the original
thereof on file in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the corporate seal of the City this
day of
City Clerk
CITY OF PLYMOUTH
RESOLUTION NO. 91-
SETTING CONDITIONS TO BE MET PRIOR TO FILING OF
RESOLUTION NO. 91-
RESOLUTION NO. 91-
RESOLUTION NO. 91
VACATING THE TEMPORARY STREET EASEMENT,
A PORTION OF SHENANDOAH COURT AND DRAINAGE EASEMENT FOR PONDING WITHIN
PARKERS LAKE NORTH 6TH ADDITION
WHEREAS, the City Council has authorized the vacation of the temporary
street easement, a portion of Shenandoah Court, and a temporary drainage
easement for ponding within Parkers Lake North 6th Addition by Resolution
No's 91- , 91- , and 91-
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA: That said resolution shall not be filed with the
County until:
1. The final plat of Parkers Lake North 7th Addition is
filed with Hennepin County.
Adopted by the City Council on December 2, 1991
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MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
7 -R
DATE: November 27, 1991 For City Council Meeting of December 2, 1991
TO: James G. Willis, City Manager
FROM: Fred G. Moore, Director of Public Works
SUBJECT: ADOPTING ASSESSMENTS
NORTHWEST TRUNK SANITARY SEWER, CITY PROJECT NO. 014
COUNTY ROAD 9/101 TRUNK WATERMAIN, CITY PROJECT NO. 012
ACTION REQUESTED: Adopt the attached resolutions adopting the
assessments and deferring assessments on homesteaded property for the
trunk sanitary sewer and water improvements in the area between County
Road 9 and County Road 24.
BACKGROUND: On November 4, the City Council held a public hearing on the
proposed assessments for the Northwest Trunk Sanitary Sewer and County Road
9/101 Trunk Watermain Improvements. At the conclusion of the public
hearing, the City Council deferred action on adopting the assessments for
additional information on the homesteaded properties.
You and I have met individually with each Councilmember to review the
proposed assessments and modifications to the roll which would affect
properties which are homesteaded. I am recommending that on all homesteaded
properties that the proposed assessments be deferred for up to a three year
period with interest accumulating on the assessment from the date of
adoption of the assessment roll. The deferment would end either at the end
of three years or sooner if the property was connected to the city utilities
or sold by the current owner.
All properties are benefiting from the improvements since there is trunk
sanitary sewer and watermain available to the area. Some properties have
additional benefit from the watermain since it is immediately adjacent to
their property and they can connect at any time. By approving the deferment
on homesteaded properties, these property owners will have a period of time
to make arrangements to begin payments on the assessments or sell their
property if they do not want the benefit of urban utility service.
i
SUBJECT: ADOPTING ASSESSMENTS
NORTHWEST TRUNK SANITARY SEWER, CITY PROJECT NO. 014
COUNTY ROAD 9/101 TRUNK WATERMAIN, CITY PROJECT NO. 012
November 27, 1991
Page Two
RECOMMENDATIONS AND CONCLUSIONS: It is recommended that the City Council
adopt the attached resolutions levying the assessments for the trunk
sanitary sewer and watermain improvements and deferring payment on
homesteaded properties included within the assessment roll.
Fred G. Moore, P.E.
FGM:kh
attachments: Resolutions
r
CITY OF PLYMOUTH
RESOLUTION NO. 91-
ADOPTING ASSESSMENTS
CITY PROJECT NO. 014
NORTHWEST TRUNK SANITARY SEWER
WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and
heard and passed upon all objections to the proposed assessments for the Northwest Trunk
Sanitary Sewer by the installation of trunk sewer facilities and all necessary
appurtenances;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is
hereby accepted and shall constitute the special assessment against the lands named
therein and each tract of land therein included is hereby found to be benefited by the
proposed improvement in the amount of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments extending over a period of
5 years, the first of the installments to be payable on or before the first Monday in
January 1992, and shall bear interest at the rate of 8.002 per annum from the date of
adoption of this assessment resolution. To the first installment shall be added
interest on the entire assessment from the date of this Resolution until December 31,
1992. To each subsequent installment when due shall be added interest for one year on
all unpaid installments.
3. The owner of any property so assessed may, at any time prior to certification of the
assessment to the County Finance Director, pay the whole of the assessment on such
property with interest accrued to the date of payment to the City Finance Director,
except that no interest shall be charged if the entire assessment is paid within 30 days
from the adoption of this Resolution; and he may at any time thereafter pay the City
Finance Director the entire amount of the assessment remaining unpaid with interest
accrued to December 31 of the year in which such payment is made. Such payment must be
made before November 15 or interest will be charged through December 31 of the next
succeeding year.
4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the
County Finance Director to be extended on the proper tax lists of the County and such
assessments shall be collected and paid over in the same manner as other municipal
taxes.
5. The total cost of the improvement assessed by this Resolution is:
Sewer Area $700,515.20
Sewer Area (Defereed) 85.927.60
Total Assessed $614,587.60
Adopted by the City Council on December 2, 1991
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) SS.
ti
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth,
Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the
Plymouth City Council on , with the original thereof on file in my
office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the corporate seal of the City this
day of
City Clerk
CITY OF PLYMOUTH
RESOLUTION NO. 91-
DEFERRED ASSESSMENTS - CITY PROJECT NO. 014
NORTHWEST TRUNK SANITARY SEWER
WHEREAS, in accordance with an agreement dated July 19, 1991, between the City
and the owner of the following property;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA: that the following parcel shall be deferred for all
payments of all special assessments assessed under the above project together
with the deferment of all interest accruing on the special assessments until
the occurrence of one of the following events:
a. The tax payment due date in 1995; or
b. The issuance of a building permit by the City
20- 118 -22 -21 -0001 $20,592.00
Adopted by the City Council on December 2, 1991.
CITY OF PLYMOUTH
RESOLUTION NO. 91-
DEFERRED ASSESSMENTS - CITY PROJECT NO. 014
NORTHWEST TRUNK SANITARY SEWER
WHEREAS, the City council has directed that certain parcels of homesteaded
land shall have proposed assessments deferred;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA: that the following parcels shall be deferred for the
assessment that applies to the sewer area in the manner as stated for a
period not to exceed three (3) years, provided, however, that if the
property is sold, not used by the owner for his homestead, further
subdivided during that three year period, the deferred assessment shall
become payable in full.
Sewer
PIN No. Area
17- 118 -22 -14 -0004 3,537.60
17- 118 -22 -21 -0005 1,760.00
17- 118 -22 -22 -0004 1,073.60
17- 118 -22 -22 -0005 2,930.40
17- 118 -22 -24 -0001 1,971.20
17- 118 -22 -24 -0002 440.00
17- 118 -22 -33 -0002 13,794.00
17- 118 -22 -42 -0001 440.00
17- 118 -22 -43 -0001 880.00
18- 118 -22 -11 -0007 440.00
18- 118 -22 -11 -0008 3,080.00
18- 118 -22 -13 -0002 844.80
18- 118 -22 -14 -0003 1,724.80
18- 118 -22 -14 -0008 440.00
18- 118 -22 -14 -0009 440.00
18- 118 -22 -14 -0010 440.00
18- 118 -22 -14 -0011 440.00
18- 118 -22 -14 -0012 440.00
18- 118 -22 -14 -0013 440.00
18- 118 -22 -14 -0014 440.00
18- 118 -22 -14 -0015 440.00
18- 118 -22 -41 -0002 660.00
18- 118 -22 -41 -0003 660.00
18- 118 -22 -41 -0004 660.00
18- 118 -22 -42 -0001 2,323.20
18- 118 -22 -42 -0002 14,185.60
18- 118 -22 -42 -0004 704.00
18- 118 -22 -43 -0003 2,666.40
19- 118 -22 -12 -0001 7,040.60
Adopted by the City Council on December 2, 1991.
w.
1
CITY OF PLYMOUTH
RESOLUTION NO. 91-
ADOPTING ASSESSMENTS
CITY PROJECT NO 012
COUNTY ROAD 9 /COUNTY ROAD 101 TRUNK WATERMAIN
WATER LATERAL
WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and
heard and passed upon all objections to the proposed assessments for the County Road
9 /County Road 101 Trunk Watermain Improvements by the installation of water lateral and all
necessary appurtenances;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is
hereby accepted and shall constitute the special assessment against the lands named
therein and each. tract of land therein included is hereby found to be benefited by the
proposed improvement in the amount of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments extending over a period of
10 years, the first of the installments to be payable on or before the first Monday in
January 1992, and shall bear interest at the rate of 8.00% per annum from the date of
adoption of this assessment resolution. To the first installment shall be added
interest on the entire assessment from the date of this Resolution until December 31,
1992. To each subsequent installment when due shall be added interest for one year on
all unpaid installments.
3. The owner of any property so assessed may, at any time prior to certification of the
assessment to the County Finance Director, pay the whole of the assessment on such
property with interest accrued to the date of payment to the City Finance Director,
except that no interest shall be charged if the entire assessment is paid within 30 days
from the adoption of this Resolution; and he may at any time thereafter pay the City
Finance Director the entire amount of the assessment remaining unpaid with interest
accrued to December 31 of the year in which such payment is made. Such payment must be
made before November 15 or interest will be charged through December 31 of the next
succeeding year.
4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the
County Finance Director to be extended on the proper tax lists of the County and such
assessments shall be collected and paid over in the same manner as other municipal
taxes.
5. The total cost of the improvement assessed by this Resolution is:
Water Lateral $119,045.72
Water Lateral (Deferred) 30.351.25
Total Assessed $ 88,694.47
Adopted by the City Council on December 2, 1991
T
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth,
Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the
Plymouth City Council on , with the original thereof on file in my
office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the corporate seal of the City this
day of
City Clerk
CITY OF PLYMOUTH
RESOLUTION NO. 91-
ADOPTING ASSESSMENTS
CITY PROJECT NO 012
COUNTY ROAD 9 /COUNTY ROAD 101 TRUNK WATERMAIN
WATER AREA
WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and
heard and passed upon all objections to the proposed assessments for the County Road
9 /County Road 101 Trunk Watermain Improvements by the installation of trunk water
facilities and all necessary appurtenances;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is
hereby accepted and shall constitute the special assessment against the lands named
therein and each tract of land therein included is hereby found to be benefited by the
proposed improvement in the amount of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments extending over a period of
5 years, the first of the installments to be payable on or before the first Monday in
January 1992, and shall bear interest at the rate of 8.00X per annum from the date of
adoption of this assessment resolution. To the first installment shall be added
interest on the entire assessment from the date of this Resolution until December 31,
1992. To each subsequent installment when due shall be added interest for one year on
all unpaid installments.
3. The owner of any property so assessed may, at any time prior to certification of the
assessment to the County Finance Director, pay the whole of the assessment on such
property with interest accrued to the date of payment to the City Finance Director,
except that no interest shall be charged if the entire assessment is paid within 30 days
from the adoption of this Resolution; and he may at any time thereafter pay the City
Finance Director the entire amount of the assessment remaining unpaid with interest
accrued to December 31 of the year in which such payment is made. Such payment must be
made before November 15 or interest will be charged through December 31 of the next
succeeding year.
4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the
County Finance Director to be extended on the proper tax lists of the County and such
assessments shall be collected and paid over in the same manner as other municipal
taxes.
5. The total cost of the improvement assessed by this Resolution is:
Water Area $1,297,401.20
Water Area (Defereed) 152.177.70
Total Assessed $1,145,223.50
Adopted by the City Council on December 2, 1991
v
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth,
Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the
Plymouth City Council on , with the original thereof on file in my
office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the corporate seal of the City this
day of
City Clerk
CITY OF PLYMOUTH
RESOLUTION NO. 91-
DEFERRED ASSESSMENTS - CITY PROJECT NO. 012
COUNTY ROAD 9 /COUNTY ROAD 101 TRUNK WATERMAIN
WHEREAS, the City council has directed that certain parcels of homesteaded
land shall have proposed assessments deferred;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA: that the following parcels shall be deferred for the
assessment that applies to the water area and lateral in the manner as
stated for a period not to exceed three (3) years, provided, however, that
if the property is sold, not used by the owner for his homestead, further
subdivided during that three year period, the deferred assessment shall
become payable in full.
PIN No.
Water
Area
Water
Lateral
17- 118 -22 -11 -0006 790.00 3,712.50
17- 118 -22 -12 -0002 790.00 3,712.50
17- 118 -22 -12 -0003 790.00 3,712.50
17- 118 -22 -14 -0004 6,351.60 0.00
17- 118 -22 -21 -0005 3,160.00 0.00
17- 118 -22 -22 -0004 1,927.60 0.00
17- 118 -22 -24 -0001 3,539.20 0.00
17- 118 -22 -24 -0002 790.00 0.00
17- 118 -22 -33 -0002 24,766.50 0.00
17- 118 -22 -42 -0001 790.00 0.00
17- 118 -22 -43 -0001 1,580.00 0.00
18- 118 -22 -11 -0006 790.00 3,712.50
18- 118 -22 -11 -0007 790.00 2,317.50
18- 118 -22 -11 -0008 5,530.00 0.00
18- 118 -22 -13 -0002 1,516.80 0.00
18- 118 -22 -14 -0003 3,096.80 0.00
18- 118 -22 -14 -0008 790.00 0.00
18- 118 -22 -14 -0009 790.00 0.00
18- 118 -22 -14 -0010 790.00 0.00
18- 118 -22 -14 -0011 790.00 0.00
18- 118 -22 -14 -0012 790.00 0.00
18- 118 -22 -14 -0013 790.00 0.00
18- 118 -22 -14 -0014 790.00 0.00
18- 118 -22 -14 -0015 790.00 0.00
18- 118 -22 -41 -0002 1,185.00 4,240.00
18- 118 -22 -41 -0003 1,185.00 2,981.25
18- 118 -22 -41 -0004 1,185.00 5,962.50
18- 118 -22 -42 -0001 4,171.20 0.00
18- 118 -22 -42 -0002 25,469.60 0.00
18- 118 -22 -42 -0004 1,264.00 0.00
18- 118 -22 -43 -0003 4,787.40 0.00
19- 118 -22 -12 -0001 12,640.00 0.00
Adopted by the City Council on December 2, 1991.
f
t
CITY OF PLYMOUTH
RESOLUTION NO. 91-
DEFERRED ASSESSMENTS - CITY PROJECT NO. 012
COUNTY ROAD 9 /COUNTY ROAD 101 TRUNK WATERMAIN
WHEREAS, in accordance with an agreement dated July 19, 1991, between the
City and the owner of the following property;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA: that the following parcel shall be deferred for all
payments of all special assessments assessed under the above project
together with the deferment of all interest accruing on the special
assessments until the occurrence of one of the following events:
a. The tax payment due date in 1995; or
b. The issuance of a building permit by the City
20- 118 -22 -21 -0001 $36,972
Adopted by the City Council on December 2, 1991
L r E&
Regular Council Meeting
November 4, 1991
Page 427
on carried on a roll call vote, three ayes.
MOTION was ade by Councilmember Ricker, sec ded Minutes
by Councilme er Helliwell, to approve the Item *7
minutes of the %
on
er 21, 1991, meeting.
Motion carried roll c all vote, t ee ayes.
PUBLIC HEARINGS
Mayor Bergman announced t at p6ur assessment
hearings would be held and lained the hearing
procedure.
Mayor Bergman opened a assess t hearing at
7:17 p.m. on North entral Trunk itary Sewer,
Project 015. No ne appeared, and t hearing
was closed at . 7 p.m.
MOTION was ade by Councilmember Ricker, s onded RESOLUTION 91 -687
by Counc' member Helliwell, to adopt RESOLUT ADOPTING
NO. 7 ADOPTING ASSESSMENTS, CITY PROJECT ND,*,, ASSESSMENTS,
015,
91-
RTH CENTRAL TRUNK SANITARY SEWER. ROJECT NO. 015
I 8 -A -1
ion carried on a roll call vote
Mayor Bergman opened an assessment hearing at
7:18 p.m. on Northwest Trunk Sanitary Sewer,
Project No. 014. Manager Willis described the
project area and the proposed assessments.
Bill LaTour, 3525 County Road 101, asked why the
Orrin Thompson development is not included in the
assessment roll.
Manager Willis explained that the development
will be assessed on the same basis as other
properties benefited by the project. The
assessments for the development are included in
the development agreement between the developer
and the City.
Mr. LaTour stated that his proposed assessment is
about one percent of the total project cost. He
proposes to subdivide his property into nine
lots, which is less than one percent of the total
Assessment Hearing
Project No. 014
Item 8 -A -2
Regular Council Meeting
November 4, 1991
Page 428
project area. He stated that due to the two
project assessments proposed, each lot mortgage
would increase by $400 per month. He requested
deferral of the assessment for one to two years,
particularly in light of the fact that he
estimates it will take over a year to complete
this platting process.
Manager Willis stated that Mr. LaTour would not
have been able to receive preliminary plat
approval for his property if this project were
not anticipated. He stated that, historically,
when the trunk sewer benefit is made to the
property, the assessments are levied.
Councilmember Helliwell stated the Council has
deferred special assessments for single family
properties in some situations, but the
assessments are activated when the property
sells. In those cases, there is no immediate
indication that the property will be sold.
Mr. LaTour stated the only reason he sought
preliminary plat approval for the property was
because he was aware of this pending project. He
was attempting to sell the property, but it was
difficult to do without knowing about how many
lots could be developed.
Councilmember Ricker suggested that the Council
consider extending the number of years over which
the assessment is spread, say from five to seven.
He stated the City has traditionally only
deferred assessments in cases where the City
needed to go past or through a property to serve
another area.
Harold Winterhalter, 18260 Medina Road, stated
that the combined proposed assessments for this
project, the trunk watermain, and the Medina Road
improvement could total $42,000 on his property.
He stated he does not intend to subdivide his
property. If the Council will not defer the
assessments, he suggested that the City purchase
his property. He stated some of the assessments
may be a benefit in the future, but there is no
immediate need for the improvements. He stated
that his property is 7.8 acres and is too small
to qualify for Green Acres assessment
classification.
I
Regular Council Meeting
November 4, 1991
Page 429
Len Busch, 4045 Highway 101, asked that the rear
portion of his property be removed from the
assessment area. He said this is a wetland and
is unbuildable. The improvement would not be of
benefit to this portion of the property. In the
alternative, he asked that if the area is
assessed, the assessment be deferred without
interest until such time as it is developed. He
said that sanitary sewer will serve this part of
his property from the Elm Creek District.
Councilmember Ricker asked if other properties
had a similar situation. He stated that he has
had concerns about this project since its
inception since it is going in to benefit
specific developers. The existing property
owners did not request the project.
Manager Willis stated the City's Capital
Improvement Program contemplated this sewer
extension two years ago. He said that if the
Council grants deferrals, anyone not having a
ready buyer will request a deferral. He
cautioned the Council of the resulting City -wide
impact as the bonds are paid off for financing of
the projects.
Sherwood Perl, 3701 Cardinal Road, objected to
the proposed assessment because he does not plan
on developing his land. He has grown trees on
his property since 1970 and has Green Acres
deferral. The real benefit of the project is to
developers. He stated the proposed assessments
will be a burden and may force him to sell his
land.
Vince Hughes stated the lower part of his
property is a wetland area and he would like the
assessments deferred on that portion. He does
not intend to subdivide his property.
Gary Odeen stated he would be assessed a large
amount for sanitary sewer that will not benefit
his property. He asked that the Council either
eliminate or defer the assessment to his
property.
Regular Council Meeting
November 4, 1991
Page 430
f
Councilmember Ricker asked how many existing
single family parcels will be similarly affected
by this project.
Mary Leuer stated that her 10 acre parcel will be
assessed about $38,000 for this project and for
street construction.
Councilmember Ricker suggested that the Council
consider deferment of assessments for five years
or until the property is subdivided. If the
property is developed within five years, the
interest could revert back to the date of
assessment adoption. If the property is not
developed within five years, interest would start
from the date of development.
Jerry Theis, 16800 Highway 55, stated it will be
very difficult for him to make additional
payments for these special assessments. He asked
the Council to consider deferment.
Arnie Wentland, 17535 Old Rockford Road, objected
to his proposed assessment of about $8,000 for
3 1/2 acres. He said the process was unclear and
he didn't know how the project would affect his
property.
Councilmember Helliwell stated that development
should enhance the existing residences; it should
not cause them hardship. She would support
deferment of assessments until property is
platted for development.
Mr. Winterhalter stated that some consideration
to project financing and assessments should have
been given at the project hearing.
Mayor Bergman closed the public hearing at 7:54
p.m.
Engineer Faulkner stated that 25 of the 83
properties proposed to be assessed under this
project are single family properties.
Mayor Bergman stated there are some philosophical
issues that the Council needs to consider. He
suggested that the Special Assessment Committee
meet to discuss this issue further.
1
Regular Council Meeting
November 4, 1991
Page 431
MOTION was made by Councilmember Ricker, seconded
by Councilmember Helliwell, to defer the
assessments for Northwest Trunk Sanitary Sewer,
Project 014, until December 2 in order to provide
time for the Special Assessment Committee to
consider how to ease the assessment burden for
single family properties.
Motion carried, three ayes.
Mayor Bergman opened an assessment hearing at
7:50 p.m. on County Road 9/101 Trunk Watermain,
Project 012.
Bill LaTour stated he has the same comments to
this proposed assessment as he made relative to
Project 012.
Mayor Bergman closed the hearing at 7:59 p.m.
MOTION was made by Councilmember Ricker, seconded
by Councilmember Helliwell, to defer the
assessments for County Road 9/101 Trunk
Watermain, Project 012, until December 2 in order
to provide time for the Special Assessment
Committee to consider how to ease the assessment
burden for single family properties.
Assessment Hearing
Project 012
Item 8 -A -3
ayor Bergman opened an assessment hearing on >the
1 Street Reconstruction Program, Phase I,
Proje 102, at 8:00 p.m. No one appeared and
the hea 'nq was closed at 8:00 p.m.
MOTION was m e by Councilmember Ricker econded
by Councilmembe Helliwell, to adopt SOLUTION
NO. 91 -688 ADOPTI ASSESSMENTS, JECT NO. 102,
1991 STREET RECONSTR ION PR - PHASE I,
SINGLE FAMILY /RECONSTR I ONLY.
Motion carried on a X*el1 cal
Councilmember V iliou arrived at
8:00 p.m.
three ayes.
ing at
RESOLUTION 91 -688
ADOPTING
ASSESSMENTS,
PROJECT NO. 102
Item 8 -A -4
CommunKnningDevelopment Director Dillerud state Carlson Real
the P Commission recommended approval of tate Company -
th reliminary Plat /General Development Plan for (9 )
C rlson Real Estate Company for property located Item 9 -A
t j6MEMOqr
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: November 27, 1991 For City Council Meeting of December 2, 1991
TO: James G. Willis, City Manager
FROM: Community Development Director Charles erud
SUBJECT: WAGNER SPRAY TECH CORPORATION. SITE PL AMENDMENT, CONDITIONAL
USE PERMIT FOR OUTDOOR STORAGE OF TRUCKS AND TRAILERS; FINAL PLAT
TO CONSOLIDATE LOT 1 AND OUTLOT A OF THE WST ADDITION; AND A
VARIANCE FOR OFFSTREET PARKING LOCATED AT 1770 FERNBROOK LANE
NORTH (91091)
ACTION REQUESTED: Adopt the attached resolutions providing for the
approval of an Amended Site Plan, Variance and Conditional Use Permit
for outdoor storage; Final Plat; and Setting Conditions Prior to
Recording of a Final Plat, as recommended by the Planning Commission.
A Development Contract has been prepared by City staff and returned by
the petitioner executed.
BACKGROUND:
At its meeting November 13, 1991 the Planning Commission, on an unanimous
vote, acted to recommend approval of this series of applications that will
result in the enlargement of the Wagner Spray Tech site; the rearrangement
and enlargement of the Wagner Spray Tech parking lot; and, the construction
of screening for the permanent outdoor storage of truck trailers on the east
portion of the site. The Planning Commission recommends approval of a
variance for offstreet parking based on the actual site and utilization of a
single tenant owner - occupied building together with a "proof -of- parking"
plan that demonstrates that offstreet parking in excess of maximum Zoning
Ordinance requirements can be provided on the site.
PRIMARY ISSUES AND ANALYSIS:
Representatives of the residential neighborhood west of Fernbrook Lane
appeared at the Public Hearing on the Conditional Use Permit, and advised
see next page)
Page Two
File 91091
the Planning Commission that the screening of the proposed outdoor storage
will not preclude trailers being visible from their residences. The
residents stated that the outdoor storage plan should be modified to better
screen the storage to the west.
An amendment to the screening of the outdoor storage was adopted by the
Planning Commission and included in their recommendation to the City Council
which will extend the verticle board fence and evergreen treatment along
the south exposure of the trailer parking area for a distance of 30 feet.
The Planning Commission did not recommend any modifications to the screening
plan to address areas west of Fernbrook Lane, however.
It should be noted that the "line of sight" distance from the nearest
trailer parking location to the closest home west of Fernbrook Lane will be
in excess of 500 feet.
Following the Planning Commission meeting a petition from property owners
residing west of Fernbrook Lane has been submitted which states disagreement
with the Planning Commission recommendation regarding screening of the
trailers on this Site Plan. A copy of that petition, dated November 15,
1991, is attached.
CONCLUSIONS AND RECOMMENDATIONS:
I recommend adoption of the attached resolutions providing for approval of
an Amended Site Plan, Conditional Use Permit for outdoor storage, and
Variance; Final Plat and Development Contract; and, Resolution Setting
Conditions Prior to Recording of the Final Plat, as recommended by the
Planning Commission.
ATTACHMENTS:
1. Resolution Approving Final Plat
2. Resolution Setting Conditions to be Met Prior to Recording
3. Resolution Approving Amended Site Plan and Variances and a Conditional
Use Permit for Outdoor Storage
4. Neighborhood Petition of November 15, 1991
5. Development Contract
6. Engineer's Memo
7. Location Map
8. Final Plat
9. Site Plan Graphics
ip
n
1
CITY OF PLYMOUTH
RESOLUTION 91-
APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR WAGNER SPRAY TECH FOR WST
2ND ADDITION (91091)
WHEREAS, Wagner Spray Tech has requested approval of a Final Plat for WST 2nd
Addition located at 1770 Fernbrook Lane North; and,
WHEREAS, the Planning Commission has reviewed said request and recommends
approval; and,
WHEREAS, the City staff has prepared a Development Contract covering the
improvements related to said plat;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the Final Plat and
Development Contract for Wagner Spray Tech for WST 2nd Addition located at
1770 Fernbrook Lane North.
Adopted by the City Council on December 2, 1991.
res /cc /91091.fp)
ti
r
CITY OF PLYMOUTH
RESOLUTION 91-
SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR
WAGNER SPRAY TECH FOR WSP 2ND ADDITION (91091)
WHEREAS, the City Council has approved the Final Plat and Development Contract
for Wagner Spray Tech for WSP 2nd Addition located at 1770 Fernbrook Lane
North;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the following to
be met, prior to recording of, and related to said plat:
1. Compliance with the City Engineer's Memorandum.
2. Payment of park dedication fees -in -lieu of dedication in accordance with
City Policy in effect at the time of filing of the Final Plat.
3. Removal of existing structures at the developer's expense.
4., No yard setback variances are granted or implied.
5. Submittal of required utility and drainage easements as approved by the
City Engineer prior to filing the Final Plat.
Adopted by the City Council on December 2, 1991.
res /cc /91091.sc)
r
CITY OF PLYMOUTH
RESOLUTION 91-
APPROVING SITE PLAN, CONDITIONAL USE PERMIT AND PARKING VARIANCE FOR WAGNER
SPRAY TECH FOR WST 2ND ADDITION (91091)
WHEREAS, Wagner Spray Tech has requested approval for a Site Plan, Conditional
Use Permit and a Parking Variance for WST 2nd Addition for property located
1770 Fernbrook Lane North; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by
Wagner Spray Tech for a Site Plan, Conditional Use Permit and a Parking
Variance for WST 2nd Addition for property located 1770 Fernbrook Lane North,
subject to the following conditions:
1. Compliance with the City Engineer's Memorandum.
2.• Submission of required financial guarantee and Site Performance Agreement
for completion of site improvements within 12 months of the date of this
resolution.
3. Any subsequent phases or expansions are subject to required reviews and
approvals per Ordinance provisions.
4. Compliance with the Ordinance regarding the location of fire hydrants and
fire lanes.
5. A Variance is approved, based on compliance with the Zoning Ordinance
Variance Criteria, to permit 282 offstreet parking spaces versus the
required 373 offstreet parking spaces. The Variance is also based on a
mitigation plan showing capability for construction of 452 offstreet
parking spaces on the site. Should additional parking be required in
addition to the 282 spaces to be constructed, the property owner will
immediately construct those additional spaces when notified by the City of
Plymouth.
6. The Site Plan will include fencing and evergreen plantings along the south
30 feet of the outdoor storage area consistent with the plans for the east
screening.
Adopted by the City Council on December 2, 1991.
res /pc /91091.sp)
City of Plymouth
34 60 Plymouth Boulevard
Plymouth, Mn. 55447
Att:
Mayor, Mr. Bergman
Councilmembers
Re. Planning Commission Meeting
Wednesday, November 13, 1991
Item #5 - -B.
Dear City Council:
November 15, 1991
Jly \v
We the undersigned do nat agree with the Planning Commission
agreement, of the screening of trailers, on the Wagner Spray Tech
Corp. property,
Wagner Spray Tech Corp. seems more concerned vith their apparance
from Freeway 494, than they are with the surrounding neighbors.
Please act accordingly.
t 3u) 4
1 111111 -
11,
11 7oJ'5-C'
5SgJ /7
It
0
SPECIAL CONDITIONS
FOR
SUBDIVISION DEVELOPMENT
CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
1 I
The Developer shall provide the City with plans and specifications for
the construction of the following for the plat of WST 2nd Addition
1. Watermain System
1.2 Said plans and specifications shall be prepared by a Registered
Professional Engineer subject to review and written approval by the
City Engineer. They shall be prepared in accordance with the
Manual of Engineering Guidelines, City of Plymouth Engineering
Department." This manual outlines City standard materials, drawings
and procedures which shall be adhered to for the above mentioned
plat.
1.3 Changes in plans for the purpose of saving trees and other desirable
features on private property and on streets will be permitted,
providing revised plans and specifications are submitted and
approved in writing by the City Engineer prior to the making of any
contemplated change. In the event changes are made which affect
occupied residences, such changes shall be discussed with the
affected owner and their approval secured in writing.
9
2.1 Sanitary Sewer Service
Shall be constructed in accordance with the approved plans and
specifications; and the 1990 Comprehensive Sewer Policy Plan adopted
December 18, 1989.
2.2 Watermains
Watermains shall be constructed in accordance with the approved plans
and specifications and the 1990 Water Supply and Distribution Plan
adopted August 6, 1990.
2.3 Private Utilities
The developer shall be responsible for the installation of telephone,
electrical and natural gas service. The required utilities shall not be
installed until the boulevard or utility easements have been graded.
All such utilities shall be installed underground.
3.1 Street signs shall be required at each street intersection at the cost of
the Developer. The City will furnish and install said signs and bill the
Developer for said work.
5
3.2 The Developer shall furnish all Engineering services as outlined in the
Manual of Engineering Guidelines, City of Plymouth Engineering
Department.
3.3 Engineering services furnished by the City: The City will not exercise
direct supervision and inspection of the work during the construction
operations. The City Engineer or his representative will make periodic
inspection of the work and will consult with the Developer's Engineer in
regard to engineering problems concerning the work and observe all tests
and conduct the final inspection as outlined in the "Manual of
Engineering Guidelines, City of Plymouth Engineering Department.
The Developer shall pay to the City Treasurer upon execution of this
Contract *Five Hundred - - -- Dollars ($500) to cover all City administration
cost required in preparing and administering this Contract. * Minimum
charge.
3.4 The Developer shall do all site grading, including building sites, common
greenway and open space areas, ponds, and surface drainage ways, and all
private streets in accordance with the approved grading, drainage and
site plan. The plan shall indicate, by arrows, how the drainage will be
directed on the site.
The Developer shall submit an erosion and sediment control plan in
accordance with the City Policy dealing with Erosion and Sediment
Control, Resolution No. 84 -760 or its latest revision. The Developer
shall be responsible for maintaining this plan and to assure his
compliance with said plan and to provide for the cleaning of storm sewer,
ditches, ponds, etc., necessitated by erosion from said land development,
the Developer's bond will include said maintenance costs as shown in
Paragraph 7.1, Maintenance of Erosion and Sediment Control Plan.
3.5 All boulevards shall be sodded by (with building_ permit).
4. Setting of Lot and Block Monuments
The Developer shall place iron monuments at all lot and block corners and
at all other angle points on boundary lines. Iron monuments shall be
placed after all street and lawn grading has been completed in order to
preserve the lot markers for future property owners.
5. Guarantee of Performance by Developer
5.1 In the event the Developer requires building permits prior to completion
of all improvements as listed in Paragraph 7, he shall furnish a
certified check, certificate of deposit, or irrevocable letter of credit
in the amount of $ -0- as shown in Paragraph 7, or a surety bond in the
amount of $ -0- , which is 1501 of the cost requirement in Paragraph 7.
5.2 Reduction in cash escrow or surety bond guarantee may be granted upon
written request by the Developer based upon the value of the completed
improvements at the time of the requested reduction. The amount of the
reduction will be submitted to the City Council for action.
5.3 The cash escrow or surety bond shall not be reduced to less than 20Z
twenty percent) until all sewer, watermain, drainage systems and streets
and other work covered by this contract are completed and approved by the
city.
l
5.4 Prior to commencing any grading, a cash deposit in the amount of $ -0-
and an irrevocable letter of credit in the amount of $0 as shown in
Paragraph 7.1, shall be furnished by the developer.
6. Public Liability and Property Damage Insurance
The Developer shall furnish the City of Plymouth Public Liability
Insurance in the amount of One Hundred Thousand Dollars ($100,000) and
Two Hundred Fifty Thousand Dollars ($250,000) and Property Damage
Insurance in the amount of Five Thousand Dollars ($5,000) and Twenty -five
Thousand Dollars ($25,000). These insurance policies shall accompany the
contract for its execution by the Developer and the City of Plymouth.
These insurance policies shall be in full force and effect during the
life of this contract.
7. Estimated Cost Subdivision Development
The following items shall be the responsibility of the Developer and
shall be covered by an escrow guarantee (bond, cash, certificate of
deposit, letter of credit, etc.) as specified:
ITEM
Watermain System
TOTAL:
ESTIMATED COST
City Does
WorkSl)
8.692*
1) Public improvement project - City to own and /or maintain after
development complete. $8,692 x 25Z s $2,173 cash deposit or assessment
guarantee of $8,692 x 73Z - $6,345.16 (letter of credit) to guarantee the
assessments for four years. If the watermain is constructed by the
developer, a letter of credit for $8,692 is required. Also see 12.4.
7.1 Maintenance of Erosion and
Sediment Control Plan,
Street Sweeping and
Storm Sewer Cleaning
Letter of
Cash Credit al
With building permit
7.2 The watermain lateral type assessments for this development are as
follows:
Watermain Lateral $8,692
Does not include the City share of the construction costs.
7
The Developer understands and agrees to these charges, and hereby waives
his right to a public hearing with respect to them.
f
The water and sanitary sewer Residential Equivalent Connection (REC)
charges for the lots to be developed shall be computed at the time of
connection to the municipal utility system. The Developer understands
that the aforementioned REC charges shall be paid for each dwelling unit
prior to the issuance of a building or plumbing permit for the dwelling
unit.
The Developer shall be responsible for all street maintenance until the
streets are accepted by the City. Warning signs shall be placed when
hazards develop in streets to prevent the public from traveling on same
and directing attention to detours. If and when streets become
impassable, such streets shall be barricaded and closed. In the event
residences are occupied prior to completing streets, the Developer shall
maintain a smooth surface and provide proper surface drainage. The
developer shall be responsible for keeping streets within and without
the subdivision swept clean of dirt and debris that may spill or wash
onto the street from his operation. The developer may request, in
writing, that the City keep the streets open during the winter months by
plowing snow from said streets prior to final acceptance of said
streets. The City shall not be responsible for reshaping said streets
because of snow plowing operations, and if they are requested and
providing snow plowing service, it does not constitute final acceptance
of said streets.
8.1 The developer shall contract for street cleaning within and immediately
adjacent to the development. A copy of this contract shall be approved
by the City before grading is started.
9. Acceptance of Completed Subdivision
9.1 Prior to acceptance of the completed subdivision by.City Council, it
will be necessary to furnish the following affidavits:
a. Contractor's Certificate
b. Engineer's Certificate
c. Land Surveyor's Certificate
d. Developer's Certificate
certifying that all construction has been completed in accordance with
the terms of the contract.
9.2 All necessary forms will be furnished by the City of Plymouth.
11
J
9.3 Upon receipt of affidavits (Paragraph 11.1 above) and recommendation by
the City Engineer that completed work be accepted, the City Council
will be requested to accept the completed public improvements.
Acceptance will be by formal Resolution of the City Council.
10. Plat Approval
10.1 Preliminary Plat was approved by Resolution No. 87 -508 by the City
Council on August 3. 1987 subject to thirteen (13) conditions.
10.2 Final Plat and Development Contract were approved by Resolution No.
by the City Council on
11. Land Dedicated for Public Use Parks and Private Recreation Areas
11.1 Payment of park dedication fees -in -lieu of dedication in accordance
with the Dedication Policy in effect at the time of filing the Final
Plat with Hennepin County.
12. Other Requirements
12.1 Compliance with the City Engineer's memorandum.
12.2 No additional building permits shall be issued until the Final Plat has
been filed and recorded at Hennepin County.
12.3 A final inspection of all site grading and approval by the City
Engineer is required before any building permits will be issued.
12.4 The City will install the watermain only if the Told Development
Company will provide the necessary financial guarantee and agree to the
assessments for Outlot B so the City can complete the watermain loop to
County Road 6 under one contract. If Told Development Company will not
agree to these conditions, Wagner Spray Tech shall install the
watermain and the City will reimburse the cost of watermain between a
12 inch and 16 inch main.
12.5 Subsequent phases shall be subject to Ordinance provisions for Plan and
Plat applications for the review and approval.
13. Tree Preservation
13.1 The Developer shall comply with those provisions of City Council
Resolution No. 89 -439 that apply.
D
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
DATE: November 4, 1991 REVISED NOVEMBER 14, 1991
FILE NO.: 91091
PETITIONER: Mr. Kenneth Ester, Wagner Spray Tech, 1770 Fernbrook Lane, Plymouth,
MN 55441
FINAL PLAT: WST 2ND ADDITION
LOCATION: East of Fernbrook Lane, north of County Road 6, west of Highway 494
in the southwest 1/4 of Section 21.
Y
N/A Yes No
1. _ _X _ Watermain area assessments have been levied based on proposed use.
2. _ X Sanitary sewer area assessments have been levied based on proposed
use.
3. X SAC and REC charges will be payable at the time building permits
are issued. These are in addition to the assessments shown in No.
1 and No. 2.
Area charges are subject to change periodically as they are
reviewed annually on January 1. The rate assessed would be that
in effect at the time of final plat approval.
4. Area assessments: None.
5. Other additional assessments estimated: In accordance with the
City assessment policy. the developer is responsible for the cost
of a 12" watermain along Highway 494 The estimated cost for this
assessment is 328 feet x S26.50 per foot - S8.692.
N/A Yes No
6. _ X _ Complies with standard utility /drainage easements -
The City will require utility and drainage easements ten feet
101) in width adjoining all streets and six feet (6') in width
adjoining side and rear lot lines.
It
M
t
1 N/A Yes No
7. X All standard utility easements required for construction are
provided -
The City will require twenty foot (20') utility and drainage
easements for proposed utilities along the lot lines where these
utilities are proposed to be installed. This item has been
reviewed with the final construction plans and the following
changes are necessary:
8. X — Complies with ponding requirements -
The City will require the dedication of drainage easements for
ponding purposes on all property lying below the established 100
year high water elevation and conformance with the City's
comprehensive storm water drainage plan.
9. X All existing unnecessary easements and rights -of -way have been
vacated -
It will be necessary to vacate the obsolete easements /right -of -way
to facilitate the development. This is not an automatic process
in conjunction with the platting process. It is the owner's
responsibility to submit a petition as well as legal descriptions
of easements proposed to be vacated. The 6 foot drainage and
utility easement along the south property line of Lot 1 Block 1.
WST 2nd Addition and the north line of Outlot A WST Addition
10. X The Owner's Duplicate Certificate of Title has been submitted to
the City with this application - If it is subsequently determined
that the subject property is abstract property, then this
requirement does not apply.
It will be necessary for the property owner to provide the city
attorney with the Owner's Duplicate Certificate of Title in order
that he may file the
11. _ _ X{ All necessary permits for this project have been obtained -
The following permits must be obtained by the developer:
DNR X Bassett Creek
X Mn DOT Minnehaha Creek
Hennepin County Elm Creek
MPCA Shingle Creek
State Health Department Army Corps of Engineers
Other
The developer must comply with the conditions within any permit.
2 -
N/A Yes No
1
12. _ X _ Conforms with the City's grid system for street names -
The names of the proposed streets in the plat must conform to the
City grid system for street names. The following changes will be
necessary.
13. _ X _ Conforms with the City's adopted Thoroughfare Guide Plan -
The following revisions must be made to conform with the City's
adopted Thoroughfare Guide Plan.
14. X _ _ Acceleration /deceleration lanes provided -
Acceleration /deceleration lanes are required at the intersection
of and
15. _ X _ All existing street rights -of -way are required width -
Additional right -of -way will be required on
UTILITIES:
N/A Yes No
16. _ XX Conforms with City standards requiring the developer to construct
utilities necessary to serve this plat -
In accordance with City standards, the developer shall be
responsible for constructing the necessary sanitary sewer, water,
storm sewer and streets needed to serve this plat. A registered
professional engineer must prepare the plans and profiles of the
proposed sanitary sewer, watermain, storm sewer facilities and
streets to serve the development. See Item No. 18 and Special
Conditions.
MW
N/A Yes No
17. X _
18. _X_
19. X
20. X
21. X_
Final utility plans submitted comply with all City requirements -
The developer has submitted the required construction plans for
the proposed sanitary sewer, watermain and storm sewer facilities;
and has also furnished profiles of these utilities as well as the
proposed street system (public and private). See Item No. 18 and
Special Conditions.
Per developer's request final plans will be prepared by the City.
If it is their desire to have the City construct these facilities
as part of its Capital Improvements Program, a petition must be
submitted to the City. The cutoff date for petitions is October 1
of the year preceding construction, if the developer is paying
1002 of the cost. The developer has petitioned the City to
construct a 16" watermain along 494.
Minimum basement elevations -
Minimum basement elevations must be established for the following
lots.
The construction plans conform to the City's adopted Comprehensive
Water Distribution Plan -
The following revisions will be required:
The construction plans conform to the City's adopted Comprehensive
Sanitary Sewer Plan -
The following revisions will be required:
4 -
N/A Yes No
J
22. _ X It will be necessary to contact Bob Fasching, the City's public
utility foreman, 24 hours in advance of making any proposed
utility connections to the City's sanitary sewer and water
systems. The developer shall also be responsible for contacting
Jim Kolstad of the Public Works Department for an excavating
permit prior to any digging within the City right -of -way. A.0
water connections shall be via wet tap.
N/A Yes No
23. X _ _ Complies with Storm Drainage Plan -
The grading, drainage and erosion control plan has been submitted
to the City's consulting engineer for review to see if it is in
conformance with the City's Comprehensive Storm Drainage Plan.
All of their recommendations shall be incorporated in a revised
plan. The grading and drainage plan shall also indicate proposed
methods of erosion control, including the placement of silt fence
in strategic locations. Additionally, the following revisions
will be necessary: The grading plan will be reviewed with the
site plan.
Z&V ;440111
24. A. In accordance with the general development plan, there shall be one shared
access to Fernbrook Lane for Lot 1, Block 1, WST 2nd Addition and Outlot B,
WST Addition.
B. The word "lane" shall be added to the dedication paragraph on the signature
page of the final plat.
C. If the developer constructs the 16" watermain along Highway 494, a Plan and
Profile sheet and specification will be required.
Submitted by:
Daniel L. Faulkner, P. E.
City Engineer
5 -
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MEMO * J... V
CITY OF PLYMOUTH
3400 PLYMOUTH
BOULEVARD,
PLYMOUTH, MINNESOTA 55447
ber 2, 1991
25 1991 For City Council Meeting of Decem
DATE:
November ,
James G. Willis, City Manager
T0: h Community
Development
erJoDin Keho
FROM:
Associate Planner
E
illerudt our
Direct
SUBJECT. GOFF HOMES.
REDUCTION OF SITE
PERFORMANCE
4TH
GUARANTEE
AVENUE NORTH LAND
HOMES FOR FERNBROOK MANOROR LOC TED A
FERNBROOK LANE
hed resolution
authorizing
the
ACTION REQUESTED'
Adopt the attac
Site Performance Guarantee for Goff Homes for FernbrookReductionoftheS
Manor.
PRIMARY ISSUES AND ANALYSIS: for the
developer has requested a reduction
of the financial
pimprovements have been
The stating hat all imp
second phase of the Fernbrook Manor, 9
completed
except the installation of trees and winter survivability
o
landscaping. deficiencies and
Planning staff
inspected the site. The following
requirements remain:
n to complete the approved
I. Installation of the remaining
landscaping
Landscape Plan
2. "As- built" utility plan
3, Winter survivability
of the landscaping
through one winter season.
CONCLUSIONS AND
RECOMMENDATIONS:
reduction of the
ecommend adoption a new
financial guarantee
total
t al is
r
tion of the attached resolution
authorizing
total
total is
I 8 062
financial guarantee by '
roproject.
The new
financial guar an
for
for completion of the
olicy regarding
reductions of financial g
consistent with City
Site Improvement
Performance Ag reements.
Attachments:
1. Draft Resolution
2. Location Map
3. Resolution 88 -385
4. Resolution 91 -660
cc /jk/88019.1)
CITY OF PLYMOUTH
Pursuant -to due call and notice thereof,.a special meeting of the City Council of the
City of Plymouth, Minnesota, was held on the 11th day of July , 19 .U. The
following members were present: Mayor Schneider, Councilmembers Vasiliou, Ricker.
Zitur and Sisk
The following members were absent: None
Councilmember Sisk introduced the following Resolution and moved its
adoption:
RESOLUTION NO. 88 -385
APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR PATRICK GOFF, GOFF HOMES FOR "FERN -
BROOK MANOR" (88019)
WHEREAS, Patrick Goff has requested approval of a Site Plan and Conditional Use Permit
for "Fernbrook Manor ", consisting of 17 six -plex buildings with a total of 102 units to
be located east of 45th Avenue North and Fernbrook Lane; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called Public
Hearing and recommends approval;
NOW, THEREFORE, RE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN-
NESOTA, that it should and hereby does approve the request for Patrick Goff, Goff Homes
for a Site Plan and Conditional Use Permit for "Fernbrook Manor ", consisting of 17 six -
plex buildings with a total of 102 units to be located east of 45th Avenue North and
Fernbrook Lane, subject to the following conditions:
1. ,Compliance with City Engineer's Memorandum.
2. Payment of park dedication fees -in -lieu of dedication with appropriate credits in
an amount determined according to verified acreage and paving costs and according
to the Dedication Policy in effect at the time of Building Permit issuance.
3. Submission of required financial guarantee and Site Performance Agreement for
completion of site improvements.
4. Any subsequent phases or expansions are subject to required reviews and approvals
per Ordinance provisions.
5. Compliance with the Ordinance regarding the location of fire hydrants and fire
lanes.
6. All waste and waste containers shall be stored within the enclosure, and no out-
side storage is permitted.
PLEASE SEE PAGE TWO
Page two
Resolution No. 88 -385
7. An 8 112 x 11 inch "As- Built" Fire Protection Plan shall be submitted prior to the
release or reduction of any site improvement bonds per City Policy.
8. No Building Permit to be issued until the Final Plat is filed and recorded with
Hennepin County.
9. The Final Plat for the site shall reflect property line alterations dictated by
approval of this Site Plan from those approved on the Preliminary Plat, per
Resolution No. 88 -96; and, the easement from the cul -de -sac to the public park as
shown on the Preliminary Plat and Site Plan.
10. The developer shall comply with the Agreement made with the Kingsview Heights
Homeowners Association per the letter dated March 16, 1988.
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 Schneider. councilmembers VaSiliou. Ricker.
The following
Zitur and Sisk
voted against or abstained: hone
Whereupon the
Resolution was declared duly passed and adopted.
I
CITY OF PLYMOUTH
RESOLUTION 91 -660
AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR GOFF HOMES FOR
FERNBROOK MANOR LOCATED AT 44TH AVENUE NORTH AND FERNBROOK LANE (88019)
WHEREAS, a Site Plan for Fernbrook Manor was approved under City Council
Resolution 88 -385; and,
WHEREAS, the developer submitted the required Site Performance Guarantee in
the form of a Letter of Credit in the amount of $54,000; and,
WHEREAS, upon notice from the developer, City staff has inspected said site
and recommends reduction 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 a $40,750
reduction of the Letter of Credit #6360S which was submitted to guarantee site
improvements for Fernbrook Manor to a new total guarantee of $13,250.
Adopted by the City Council on October 21, 1991.
res /cc/88019)
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: November 25, 1991 For City Council Meeting of December 2, 1991
TO: James G. Willis, City Manager
FROM: Associate Planner John Keho th ugh Community Development
Director Charles E. Dillerud
SUBJECT: GOFF HOMES. REDUCTION OF SITE PERFORMANCE GUARANTEE FOR GOFF
HOMES FOR FERNBROOK MANOR LOCATED AT 44TH AVENUE NORTH AND
FERNBROOK LANE (PHASE III) (88019)
ACTION REQUESTED: Adopt the attached resolution authorizing the
Reduction of the Site Performance Guarantee for Goff Homes for Fernbrook
Manor.
PRIMARY ISSUES AND ANALYSIS:
The developer has requested a reduction of the financial guarantee for Goff
Homes for Fernbrook Manor, stating that the improvements are approximately
50 percent complete.
Planning staff inspected the site. The following deficiencies and
requirements remain:
1. Curbing, islands, delineators
2. "As- built" utility plan
3. Public trail construction including grading and paving
4. Installation and survivability of landscaping
CONCLUSIONS AND RECOMMENDATIONS:
I recommend adoption of the attached resolution authorizing reduction of the
financial guarantee by $32,972 to a new financial guarantee total of $21,028
for completion of the project. The new financial guarantee total is
consistent with City Policy regarding reductions of financial guarantees for
Site Improvement Performance Agreements.
Attachments:
1. Draft Resolution
2. Location Map
3. Resolution 88 -385
cc /jk/88019)
CITY OF PLYMOUTH
RESOLUTION 91-
AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR GOFF HOMES FOR
FERNBROOK MANOR (PHASE III) LOCATED AT 44TH AVENUE NORTH AND FERNBROOK LANE
88019)
WHEREAS, a Site Plan for Fernbrook Manor was approved under City Council
Resolution 88 -385; and,
WHEREAS, the developer submitted the required Site Performance Guarantee in
the form of cash in the amount of $54,000; and,
WHEREAS, upon notice from the developer, City staff has inspected said site
and recommends reduction 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 a $32,972
reduction of the cash which was submitted to guarantee site improvements for
Fernbrook Manor to a new total guarantee of $21,028.
Adopted by the City Council on December 2, 1991.
res /cc/88019)
0
CITY OF PLYMOUTH
Pursuant to due call and notice thereof,.a special meeting of the City Council of the
City of Plymouth, Minnesota, was held on the 11th day of July , 19 _K. The
following members were present: Mayor Schneider, Councilmembers Vasiliou. Ricker.
Zitur and Sisk
The following members were absent: Non
Councilmember Sisk introduced the following Resolution and moved its
adoption:
RESOLUTION NO. 88 -385
APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR PATRICK GOFF, GOFF HOMES FOR "FERN -
BROOK MANOR" (88019)
WHEREAS, Patrick Goff has requested approval of a Site Plan and Conditional Use Permit
for "Fernbrook Manor ", consisting of 17 six -plex buildings with a total of 102 units to
be located east of 45th Avenue North and Fernbrook Lane; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called Public
Hearing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN-
NESOTA, that it should and hereby does approve the request for Patrick Goff, Goff Homes
for a Site Plan and Conditional Use Permit for "Fernbrook Manor ", consisting of 17 six -
plex.buildings with a total of 102 units to be located east of 45th Avenue North and
Fernbrook Lane, subject to the following conditions:
1. Compliance with City Engineer's Memorandum.
2. Payment of park dedication fees -in -lieu of dedication with appropriate credits in
an amount determined according to verified acreage and paving costs and according
to the Dedication Policy in effect at the time of Building Permit issuance.
3. Submission of required financial guarantee and Site Performance Agreement for
completion of site improvements.
4. Any subsequent phases or expansions are subject to required reviews and approvals
per Ordinance provisions.
5. Compliance with the Ordinance regarding the location of fire hydrants and fire
lanes.
6. All waste and waste containers shall be stored within the enclosure, and no out-
side storage is permitted.
PLEASE SEE PAGE TWO
Page two
Resolution No. 88 -385
7. An 8 112 x 11 inch "As- Built" Fire Protection Plan shall be submitted prior to the
release or reduction of any site improvement bonds per City Policy.
8. No Building Permit to be issued until the Final Plat is filed and recorded with
Hennepin County.
9. The Final Plat for the site shall reflect property line alterations dictated by
approval of this Site Plan from those approved on the Preliminary Plat, per
Resolution No. 88 -96; and, the easement from the cul -de -sac to the public park as
shown on the Preliminary Plat and Site Plan.
10. The developer shall comply with the Agreement made with the Kingsview Heights
Homeowners Association per the letter dated March 16, 1988.
The motion for adoption of the foregoing Resolution was duly seconded by
Councilmember Zituy , and upon vote being taken thereon, the following
voted in favor thereof: Mayor Schneider Councilmembers Vasiliou_ Ricker.
Zitur and Sisk The following
voted against or abstained: None Whereupon the
Resolution was declared duly passed and adopted.
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
dKq_E
DATE: November 20, 1991 For City Council Meeting of December 2, 1991
TO: James G. Willis, City Manager
FROM: Associate r John Keho through Community Development
Director Ch QIESTMENTs illerud
SUBJECT: GREENLAND COMPANY. RELEASE OF SITE PERFORMANCE
GUARANTEE FOR MIDWEST BRICK (87064)
ACTION REQUESTED: Adopt the attached resolution authorizing the release
of the Site Performance Guarantee for Midwest Brick located at 5205
Highway 169 North.
PRIMARY ISSUES AND ANALYSIS:
The developer has requested release of the financial guarantee for Midwest
Brick, stating that he constructed an 8 foot solid wood fence in place of
the chainlink fence and grapevines that the City Council required.
Planning staff inspected the site and found that the solid fence provides
for year- around screening which exceeds City Council requirements.
RECOMMENDATIONS AND CONCLUSIONS:
I recommend adoption of the attached resolution authorizing release of the
financial guarantee for Midwest Brick.
Attachments:
1. Draft Resolution
2. Location Map
3. Resolution 88 -12
4. Resolution 89 -75
5. Administrative Approval Letter Dated November 8, 1991
CITY OF PLYMOUTH
RESOLUTION 91-
AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR GREENLAND INVESTMENT FOR
MIDWEST BRICK LOCATED AT THE NORTHWEST CORNER OF 51ST AVENUE NORTH AND HIGHWAY
169 (87064)
WHEREAS, a Site Plan for Midwest Brick was approved under City Council
Resolution 87 -516; and,
WHEREAS, the developer submitted the required Site Performance Guarantee in
the form of a Letter of Credit in the amount of $225,000; and,
WHEREAS, the City Council, under Resolution 88 -12, authorizied a reduction of
the Letter of Credit to $55,000; and,
WHEREAS, the City Council, under Resolution 89 -75, authorized a reduction of
the Letter of Credit to $20,000; and,
WHEREAS, the City Council called on the Letter of Credit and deposited the
20,000 financial guarantee in a cash escrow account with the City on November
1, 1990; and,
WHEREAS, the City Council, under Resolution 91 -64, authorized a reduction of
the cash to $5,000; 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 cash in the amount of $5,000, which was submitted to guarantee site
improvements for Midwest Brick.
Adopted by the City Council on December 2, 1991
res /cc/87064)
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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 4th day of January , 1988. The
following members were present: Mayor Schneider, Councilmembers Vasiliou, Ricker,
Zitur and Sisk The
following members were absent: None
Councilmember Sisk introduced the following Resolution and moved its
adoption:
RESOLUTION NO. 88 -12
AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR MIDWEST BRICK AND SUPPLY
COMPANY (87064)
WHEREAS, a Site Plan for Midwest Brick and Supply Company, located at 5205 County Road
18, was approved under City Council Resolution No. 87 -516; and,
WHEREAS, the developer submitted the required Site Performance Guarantee in the form of
a Letter of Credit in the amount of $225,000.00; and,
WHEREAS, upon notice from the developer, City staff has inspected said site and
recommends reduction 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 reduction of the Letter of
Credit No. 6205 in the amount of $225,000.00 which was submitted to guarantee site
improvements for Midwest Brick and Supply Company at 5205 County Road 18 to $55,000.00.
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 Schneider, Councilmembers Vasiliou, Ricker, Zitur and
Sisk The o ow nq
voted against or abstained: None Whereupon the
Resolution was declared duly passed and adopted.
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 6th day
of February 19$4_ The following members were present:
Mayor Schneider, Councilmembers Vasiliou, Ricker, Zitur and Sisk
The following members were absent: None
Councilmember Sisk introduced the following Resolution and
moved its adoption:
RESOLUTION 89 -75
AUTHORI7_ING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR MIDWEST BRICK AND
SUPPLY COMPANY (87064)
WHEREAS, a site plan for Midwest Brick and Supply Company located at 5205
County Road 18 was approved under City Council Resolution No. 87 -516; and,
WHEREAS, the developer submitted the required site performance guarantee in
the form of a Letter of Credit in the amount of $225,000; and,
WHEREAS, the City Council under Resolution No. 88 -12 authorized the reduction
of the Letter of Credit to $55,000; and,
WHEREAS, upon notice from the developer, City staff has inspected said site
and recommends reduction 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 reduction of
the Letter of Credit No. SB6205 in the amount of $55,000 which was submitted
to guarantee site improvements for Midwest Brick and Supply Company located at
5205 County Road 18 to $20,000.
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 Schneider, Councilmembers
Vngiliou, Ricker Zitur and Sisk
The following voted against or abstained None
Whereupon the Resolution was declared duly passed and adopted.
CITY or PLYMOUTH
Pursuant to due call and notice thereof, a special meeting of the
City Council of the City of Plymouth, Minnesota, was held on the 28th day of
January. 1991. The following members were present: Mayor Bergman,
Councilme_mbers Helliwei>, Ricker, and Vasiliou
The following members were absent: Councilmember Zitur
Councilmember Vas iliou introduced the following Resolution and
moved its adoption:
RESOLUTION 91 -64
AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR MIDWEST BRICK (87064)
WHEREAS, a Site Plan for Midwest Brick located at the northwest corner of 51st
Avenue North and 169 was approved under City Council Resolution 87 -516; and,
WHEREAS, the developer submitted the required Site Performance Guarantee in
the form of a letter of credit in the amount of $225,000; and,
WHEREAS, the City Council, under Resolution 88 -12, authorized the reduction of
the letter of credit to $55,000; and,
WHEREAS, the City Council, under Resolution 89 -75, authorized the reduction of
the letter of credit to $20,000; and,
WHEREAS, the City called on the letter of credit and deposited the $20,000
financial guarantee in a cash escrow account with the City on November 1,
1990; and,
WHEREAS, upon notice from the developer, City staff has inspected said site
and recommends reduction 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 reduction of
the cash escrow for site improvements at Midwest Brick from $20,000 to $5,000.
The motion for adoption of the foregoing Resolution was duly seconded
by Council_*r+ =aber Helliwell , and upon vote being taken thereon,
the following voted in favor thereof: Mayor Bergman, Council_me_mbers
He 1 i wel 1 , Ricker, and Vasi i ou
The following voted against or abstained None
Whereupon the Resolution was declared duly passed and adopted.
Mr. Kevin Murphy
Greenland Investment Company
5205 North State Highway 169
West Frontage Road
Plymouth, MN 55442
SUBJECT: ADMINISTRATIVE APPROVAL OF SITE PLAN FOR MIDWEST BRICK (87064)
Dear Mr. Murphy:
This letter is written to inform you that the above - referenced application has
been administratively approved per Section 11, Subdivision A, paragraph 10,
subject to the following conditions:
1. Any signage shall be in compliance with the Ordinance requirements of the
City of Plymouth.
2. Any subsequent phases or expansions are subject to required reviews and
approvals per Ordinance provisions.
3. Compliance with the Ordinance regarding the location of fire hydrants and
fire lanes.
4. All waste and waste containers shall be stored within the enclosure, and
no outside storage is permitted. The enclosure shall conform to Zoning
Ordinance construction specifications.
5. This Site Plan Amendment is for the replacement of a 8 foot chain -link
fence with grapevines on the south side of the brick storage area with a
solid 8 foot wood fence.
The administrative approval of your Site Plan shall become complete upon your
acknowledgment of this letter and the return of one executed copy. Please
note this approval is valid for one year from the date of this letter, subject
to the provisions of Section 11 of the Zoning Ordinance.
3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550 -5000
Page 2
Should you have any questions concerning this matter, please do not hesitate
to call me.
Sincerely,
3fes Di erud
Community Development Coordinator
cc: File 87064
I, Kevin M. Murphy AN AUTHORIZED REPRESENTATIVE FOR GREENLAND
INVESTMENT COMPANY HEREBY ACKNOWLEDGE AND AGREE WITH THE ADMINISTRATIVE
APPROVAL OF THIS PROJECT INC" DING ALL THE CONDITIONS THEREOF CONTAINED IN
THIS LETTER AND T1IE PP IC tE RO ISIONS OF THE CITY CODE.
by` Date:
dre /jk /87064.admin)
t
I .F
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: For City Council Meeting of December 2, 1991
TO: James G. Willis, Ci(Manager
n-
FROM: Building Official Joe Ryan Through Community Development Director
Charles E. Dillerud
SUBJECT: KENT AND LORI TERRELL (10- 01 -91)
ACTION REQUESTED: Adopt the attached resolution for denial upholding
the Board of Zoning Adjustments and Appeals Action. A draft resolution
granting the request for variance is also attached per City Council
policy.
BACKGROUND:
At its meeting of October 8, 1991 the Board of Zoning Adjustments and
Appeals unanimously approved a motion to table the request by Kent and Lori
Terrell to allow a 7.21 foot front yard setback versus the 35 foot required
front yard setback; an 8.31 foot side yard setback versus the 50 foot
required side yard setback and a 27 percent lot coverage versus the
Ordinance maximum of 20 percent in order to construct an attached garage
addition onto the front of their home.
Some of the Board members suggested that the Terrells consider a redesign of
their proposal to reduce the size of the proposed garage addition.
The petitioner responded to the Board's request by reducing the size of the
garage from their original proposal of 22 feet x 32 feet, to 20 feet x 30
feet, allowing for a 9.21 foot front yard setback; a 10.31 foot side yard
setback and a 26 percent lot coverage.
At its meeting of November 12, 1991, a motion for approval failed to pass
due to a split vote, 3 ayes, 3 nays and 1 abstention. The effect of the
Boards vote resulted in denial of the request by the Terrells.
Commissioners Edwards, Zylla and Dolan voted against. Commissioner Singer
abstained.
The Terrells are now appealing the action by the Board of Zoning Adjustments
and Appeals.
1
Kent & Lori Terrell - Staff Report
Page 2
PRIMARY ISSUES AND ANALYSIS:
1. The Board felt that the degree of variance and lot coverage initially
requested by the petitioner for the proposed construction of an
attached three car garage in front of their home exceeded their
perception of reasonable use of the property and found that approval of
the request may set a precedent for similar requests within the
community.
2. The petitioner requested their proposal be tabled until the November
meeting to allow them additional time to reconsider the scale of their
request.
3. The Board could not agree whether the redesign by the petitioner met
the test of reasonableness.
4. Since the motion to adopt an approving resolution failed, it is evident
that the Board could not find any hardship or unique characteristics
associated with this site.
CONCLUSIONS AND RECOMMENDATIONS:
My recommendation is to deny the appeal thereby upholding and affirming the
decision of the Board of Zoning Adjustments and Appeals.
Should the Council find that the request meets all of the variance criteria
for approval, the variance approval Resolution should include a condition
requiring relocation of the detached accessory structure prior to building
permit issuance.
ATTACHMENTS:
1. Resolution denying the appeal
2. Resolution approving the request for variance
3. Petitioner's correspondence
4. Location Map
5. Board of Zoning.Resolution B91 -12 denying request
6. Minutes of November 12, 1991
7. Staff Report and agenda packet items from November 12, 1991 Board of
Zoning Meeting
8. Minutes of October 8, 1991
9. Staff Report and agenda packet items from October 8, 1991 Board of
Zoning Meeting
CITY OF PLYMOUTH
RESOLUTION NO. 91-
DENYING AN APPEAL OF THE BOARD OF ZONING ADJUSTMENTS AND APPEALS RULING FOR
KENT AND LORI TERRELL, 10128 SOUTHSHORE DRIVE (10- 01 -91)
WHEREAS, Kent and Lori Terrell have appealed a ruling by the Board of
Zoning Adjustments and Appeals denying their request for a 25.79 foot
variance to allow a 9.21 foot front setback versus the 35 foot required
front yard setback; a 4.69 foot variance to allow a 10.31 foot side yard
setback versus the 15 foot required side yard setback; and a variance to
allow a lot coverage of 26% versus the Ordinance Maximum of 20% to construct
a 20 foot x 30 foot attached garage addition onto the front of their home,
and,
WHEREAS, the Board of Zoning Adjustments and Appeals has denied the request
by Resolution B91 -12 and;
WHEREAS, the City Council has reviewed said request;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does deny the appeal by Kent
and Lori Terrell based on the following findings:
1. No particular hardship related to the physical surroundings, shape or
topographical conditions of this specific parcel have been
demonstrated to create a particular hardship as distinguished from a
mere inconvenience, if the strict letter of the regulations were to be
carried out.
2. Conditions upon which this petition for variation are based are not
unique to this parcel of land.
3. This would create an undesirable precedent within the City.
G
i
CITY OF PLYMOUTH
RESOLUTION NO. 91-
APPROVING A ZONING ORDINANCE VARIANCE FOR KENT AND LORI TERRELL, 10128 SOUTHSHORE DRIVE
10- 01 -91)
WHEREAS, Kent and Lori Terrell have appealed a ruling by the Board of Zoning
Adjustments and Appeals denying their request for a 25.79 foot variance to allow a 9.21
foot front setback versus the 35 foot required front yard setback; a 4.69 foot variance
to allow a 10.31 foot side yard setback versus the 15 foot required side yard setback;
and a variance to allow a lot coverage of 26% versus the Ordinance Maximum of 20% to
construct a 20 foot x 30 foot attached garage addition onto the front of their home,
and,
WHEREAS, the Board of Zoning Adjustments and Appeals has denied the request by
Resolution B91 -12 and;
WHEREAS, the City Council has reviewed said request;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and hereby does approve the variances for Kent and Lori
Terrell based on the following findings:
1. 'The 8 foot x 12 foot detached accessory structure located in the rear yard shall
be relocated on the property a minimum setback distance of 6 foot from the west
side lot line.
2. The variance criteria have been met.
J
November 15, 1991
TO: Plymouth City Council
FROM: D. Kent & Lori Terrell
RE: Variance Request
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As instructed by Joe Ryan, Building Official, we want t
appeal the Zoning Boards denial of our variance request -
for construction of an attached three car garage to replace
our current attached existing garage measuring 18 x 18.
We first went in front of the Board of Zoning in October
and explained why we would like to construct this garage.
They would not approve or deny our request, but asked
that we "revise" (reduce) our garage dimensions and come
back in November. We promptly reduced the garage dimensions
from 22' deep by 32' wide down to 20' deep and 30' wide
which we consider a fairly small 3 -car garage).
At the November meeting, there were two new members who
had not been at the previous meeting. After re- explaining
our need for a garage for normal sized vehicles (for almost
an hour), the board voted and tied: 3 approved, 3 denied,
and one person (the one who suggested that we make the
garage 2 feet shallower, and come back for another meeting)
decided not to vote.
Since there are two garage additions within 100 feet of
us that are additions to the front of the houses (like
our proposed garage), we don't feel that we are setting
a precedent (this was explained at the meeting).
Joe Ryan, BUilding Official, was at both meetings and
stated that the city would not fight the board if the
variance was granted.
Our property taxes have nearly doubled (from $1500 to
2800) in the last five years, and we have a garage that
is so small, we cannot drive anything but sub - compact
cars. We don't feel that we should be penalized by the
city because we live in an older home. How can you
force 1991 zoning standards on a home built in 1952?
Our house currently does not meet the front yard or side -yard
setbacks, and our lot is only 10,000 square feet compared
with the average of 18,000 square feet for Plymouth (stated
by the Zoning Board Chairman).
Please let us know when
City Council.
Kent & Lori Terrell
10128 South Shore Drive
Plymouth ','.N 55441
we must appear in front of the
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HENNEPIN COUNTY, MINNESOTA
BUREAU OF PUBLIC SERVICE
DEPARTMENT OF PROPERTY TAX
AND PUBLIC RFORDS
SURVEY DIVISION
RESOLUTION NO. B91 -12
DENYING VARIANCE REQUEST FOR KENT AND LORI TERRELL, 10128 SOUTHSHORE DRIVE (10 -01-
91)
WHEREAS, Kent and Lori Terrell have requested approval of a 25.79 foot variance into
the required front yard setback of 35 feet to allow a 9.21 foot front yard setback;
a 4.69 foot variance into the required side yard setback of 15 feet to allow a 10.31
foot side yard setback; and, a lot coverage of 26% versus the ordinance maximum of
20% to construct an attached garage addition on onto the front of the home, and,
WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed said request at a
duly called public hearing;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF ZONING ADJUSTMENTS AND
APPEALS, OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the
request by Kent and Lori Terrell for a 25.79 foot variance into the required front
yard setback of 35 feet to allow a 9.21 foot front yard setback; a 4.69 foot
variance into the required side yard setback of 15 feet to allow a 10.31 foot side
yard setback; and, a lot coverage of 26% versus the ordinance maximum of 20% to
construct an attached garage addition onto the front of the home based on the
following findings:
1. No particular hardship related to the physical surroundings, shape or
topographical conditions of this specific parcel have been demonstrated to
create a particular hardships as distinguished from a mere inconvenience, if
the strict letter of the regulations were to be carried out.
2. The conditions upon which this petition for variation are based are not unique
to this parcel of land.
3. This would create an undesirable precedent within the City.
Adopted by the Board of Zoning Adjustments and Appeals on November 12, 1991.
CITY OF PLYMOUTH
BOARD OF ZONING ADJUSTMENTS AND APPEALS
NOVEMBER 12, 1991
The Regular Meeting of the Board of Zoning Adjustment and Appeals was called to
order at 7:00 p.m.
MEMBERS PRESENT: Chairman Ulmer, Commissioners Butler, Dolan, Edwards, Lips,
Singer, Ulmer and Zylla
MEMBERS ABSENT:
STAFF PRESENT: Joe Ryan, Building Official
MINUTES
MOTION by Commissioner Dolan, seconded by Commissioner
Singer, to approve the Minutes for October 8, 1991
Meeting with the following addition: under the Van
Eeckhout Building Corporation item, a paragraph should
be added to state that the Board of Zoning Adjustments
and Appeals was not setting a precedence by granting a
setback of less than 35 feet, since the building had
already been constructed and that the Board had been
asked by Staff, who had apparently dropped the ball, and
had issued a building permit in violation of the setback
requirements, for approval of the setback variance.
Commissioner Dolan wanted to clarify his reasoning
behind this addition to the minutes. He said the Board
was asked to approve something after it was built and he
did not want someone later down the road to say that the
Board set a precedence by reducing the setback of a
building that they really did not have any choice in
making.
VOTE 7 Ayes.
MOTION TO APPROVE
MOTION CARRIED
Chairman Ulmer introduced the next item, a request for a KENT AND LORI TERRELL
variance from the minimum front yard and side yard (10- 01 -91), 10128
setbacks and from the maximum lot coverage requirements SOUTHSHORE DRIVE
for the proposed construction of an attached garage
addition at the property located at 10128 Southshore
Drive.
Mr. Terrell addressed the Board stating that they had
reduced the garage in size by 2 feet and both the front
and the west side of the property. The proposed garage
dimensions would now be 20' x 30'.
Mr. Terrell stated for the benefit of the Commissioners
that were not at the last meeting, the background
reasons for their request.
Board of Zoning Adjustments & Appeals
Meeting - November 12, 1991
Page 2
He said that due to the current size of the garage, they
must drive small cars and cannot fit all of their
equipment in the garage and must place some of their
equipment in a tool shed at the rear of their site.
Mr. Terrell indicated that they have spoken with their
neighbor and he does "not object to either the original
proposal or the revised proposal.
Commissioner Edwards asked if the new addition would
match the existing house construction. Mr. Terrell
responded that yes, the roofing material and siding
would match the house.
Commissioner Butler asked if the petitioner had a
problem with relocating the detached accessory structure
in the back yard. Mr. Terrell responded that they do
not have a problem with that. Mr. Terrell stated that
the only changes to the plan are that the garage will be
2 feet narrower and 2 feet shorter, nothing else has
changed from the original proposal.
Mr. Terrell stated that the driveway grade, however,
would be less than what had originally been shown.
Commissioner Butler stated that although he was not at
the meeting last time, the Board did recommend that they
come back with a modified request and that if they are
meeting the intent of that request the Board should look
favorably upon this request.
Commissioner Lips interjected that he thought it was
primarily his statement that the petitioner bring back a
smaller version of the garage, and that it might not
have been supported completely by the Board.
Commissioner Butler asked if Joe Ryan had serious
concerns with this setting an undesirable precedent.
Building Official Ryan stated that although there have
been previous variances approved along Medicine Lake and
along South Shore Drive, he felt that there were
significant differences between the approved variances
and the variance requested tonight.
Commissioner Edwards stated that in relation to the
other variances that had been approved in this general
area, that the lot configurations on those requests were
significantly different from the Terrell's lot and that
the Terrell's property has more options for constructing
the new garage.
Board of Zoning Adjustments & Appeals
Meeting - November 12, 1991
Page 3
Commissioner Edwards then stated that he still has the
same two concerns that he did at the last meeting. One
was that the front setback variance request was too
great and that the lot coverage was also too high. He
was most concerned with the front setback issued.
Commissioner Edwards said that he was concerned with the
fact that if the variance was approved, then the cars in
the driveway would be parked partially in City right -of-
way and that could open up the City to liability
problems.
Commissioner Dolan stated that in his two years on the
Board this was the most difficult'request that he has
had to review. He stated that he is really concerned
with the fact that if approved, this could establish an
undesirable precedent and that he has to look at this
not only from the view point of the Terrells, but from
all of the citizens of Plymouth. His concerns included
the increased lot coverage and the,setback request. He
stated that he thought this request was stretching
beyond reasonableness.
Chairman Ulmer asked Joe Ryan what the Goodrie property
measurement was, from the lot line to the front of their
garage.
Mr. Ulmer stated that reading the old resolutions, it
appeared that the Goodries had a 10 foot setback for the
garage.
Commissioner Butler inquired how could the Board be
setting unfavorable precedence if the setback such as
the one for the Goodrie property has already been
granted.
Building Official Joe Ryan stated that the lot coverage
of the Goodrie property was far less than what is
requested at this time.
In addition, Joe Ryan said that the Goodrie request was
to replace an existing garage that was constructed in
the location requested.
Commissioner Butler stated that the main issue is not
the closeness of the garage to the road, but the
increased lot coverage.
Commissioner Edwards stated that they had suggested
expanding the existing garage rather than building a new
garage in front. Mrs. Terrell stated that they would
have to expand the basement in order to also expand the
garage.
Board of Zoning Adjustments & Appeals
Meeting - November 12, 1991
Page 4
Commissioner Butler asked what was the size difference
between the existing garage and the proposed garage.
Mr. Terrell stated that the existing garage was 18' x
18' and the proposed garage is 20' x 30'.
Chairman Ulmer asked what was the standard lot size in
new developments. Building Official Joe Ryan responded
by saying that in the R -1A District, the minimum lot
size is 18,500 square feet.
Commissioner Butler asked if there are other properties
in this area that cover more than 26 percent of the lot.
Building Official Ryan stated that he has not undertaken
a study to determine that question.
Chairman Ulmer stated that he did not feel that this
setback variance request would be setting a dangerous
precedence since previous variances have been granted
with approximately the same variance size. He stated
that a two foot reduction helped support this request.
He also stated that he could support the variance
regarding the coverage since this area has unique, small
lots compared to the rest of Plymouth and it is
difficult to build a 1991 style home on 1940 style lot.
Wt. Terrell stated that the Christianson's property is
also over 20 percent lot coverage. She stated that
their home before the addition on the garage was at the
20 percent maximum lot coverage and that with the
addition of two additional garage stalls the home was up
to approximately 24 percent lot coverage.
Commissioner Zylla stated that he personally could not
support the request. He stated that he does not feel
that the variance criteria have been met by this
request.
Commissioner Zylla said that the petitioners knew the
limitations of the property when they bought it and he
did not feel that it was the Board's role to try to
accommodate every change of life style and taste changes
over a period of years by twisting the City Ordinances,
such as three car garages which had not been
contemplated when this particular neighborhood had been
developed. He stated that there are unique
characteristics about properties that the property
owners should realize exist.
Commissioner Zylla also stated that although variances
have been granted to other property owners in this area,
he does not feel that the Board owes it to everyone else
to grant variances and that he feels that the
circumstances are unique. He stated that he did not
Board of Zoning Adjustments & Appeals
Meeting - November 12, 1991
Page 5
feel the previous two requests set a precedence, they
just indicate that two other properties had similar
circumstances and had been approved. He feels that a
precedent is set when everyone is coming through
requesting a variance and is receiving the variance
request. He said that the Board would be in trouble if
after approving 100 similar variance requests, the Board
turned around and denied the 101st similar variance
request.
Commissioner Singer stated that she along with
Commissioner Lips had requested that the petitioner
bring in a smaller size garage. She also stated that
due to her short tenure on the Board, she does not feel
that she has the adequate knowledge of certain Zoning
Ordinance regulations such as lot coverage requirements
to judge this request and will therefore not vote on
this issue.
Commissioner Butler stated that he wanted to relate
personal experiences regarding this issue. He stated
that the majority of variance requests have come from
the Medicine Lake area in his two years on the Board and
this is primarily because the area was originally
developed for vacation cabins, not year round homes. He
stated that he felt the Board had been liberal in
granting variances in this area and that he did not feel
that granting anything in the Medicine Lake area would
set a precedence for the rest of the City due to the
nature of the Medicine Lake area.
Commissioner Butler said that the major concern had been
the utilization of the property and that the Board has
been voting affirmatively on requests if it helped the
petitioner utilize the property.
Commissioner Butler then stated that since Building
Official Ryan indicated that the City would not appeal
this decision if the Board would approve it, that this
gives the Board greater latitude in voting on this
issue. He then stated that he does not have a problem
with this request.
Chairman Ulmer stated that he does feel that this
request meets the variance criteria. He stated that the
platting is unique for both this neighborhood and for
Plymouth as a whole. He said that this request is not
based on the desire to increase the income of the
property and he felt that the hardship on this property
is created by the ordinance and not by the property
owners. He stated that with the reduction in the garage
size, any cars parked out side of the garage would be
far enough away from the street that it would not pose a
Board of Zoning Adjustments & Appeals
Meeting - November 12, 1991
Page 6
hazard for any traffic on Southshore Drive. He also
stated that there is no concern that this request would
impede the light or air around this property.
Motion by Ulmer, seconded by Butler to approve the MOTION TO APPROVE
request for a 27.79' variance and a variance to allow a
27 percent lot coverage.
Commissioner Edwards stated that he would vote against
the motion since he does not feel that a hardship has
been shown. He stated that the City of Plymouth does
not owe every homeowner a three car garage. He also
stated that the requested lot coverage would result in a
30% increase which is very significant. He stated that
he would vote against the motion.
VOTE 3 Ayes. 3 Nays. Chairman Ulmer indicated that a tie VOTE - MOTION DENIED
is the same as a denial. Commissioner Edwards, Zylla
and Dolan voting against. Commissioner Singer
abstained.
Chairman Ulmer stated that they had the right to appeal
the decision within 20 days to request a review by the
City Council. Chairman Ulmer indicated that the Board
has traditionally tried to keep closer to the Ordinance
and also with the Council since they form two different
functions and the council is more political.
Motion to adjourn MOTION CARRIED
r
I
TO: City of Plymouth
FROM: Kent & LOri TErrell
RE: File 10 -01 -91
T., N
10/18/91 OCT
We would like to reduce the size of our garage addition to 20' x 301, reducing the
width (from the west) and length (2' off front). This reduces our lot coverage
variance request to 25 %from 27 %, and also reduces the variance request for
front and side -yard setbacks by 2 feet each.
Please let us know when the next zoning meeting will be held to discuss this
variance request.
THank you, ,
r
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT TO BOARD OF ZONING
ADJUSTMENTS AND APPEALS
REPORT DATE: October 29, 1991 MEETING DATE: November 12, 1991
FILE NO.: 10 -01 -91
PETITIONER: KENT AND LORI TERRELL
REQUEST: Request Variance of 25.79 feet to allow a 9.21 foot front
yard setback versus the 35 foot required front yard setback;
a variance for 4.69 feet to allow a 10.31 foot side yard
setback versus the 15 foot required side yard setback; and,
a variance to allow a lot coverage of 26% versus the
ordinance maximum of 20% to construct an attached garage
addition onto the front of their home.
LOCATION: 10128 Southshore Drive
GUIDE PLAN CLASS: LA -1 (Low Density Residential)
ZONING: R -1A (Low Density Single Family Residential)
BACKGROUND:
The Board of Zoning Adjustments reviewed this request at its October 8, 1991
Meeting and tabled this request to allow the petitioner to consider a redesign
of their original proposal to reduce the size of the proposed garage addition.
The petitioner has responded to the Board's request by reducing the size of
the garage from their original proposal of 22 feet by 32 feet to 20 feet by 30
feet.
Per the Board's request, our office inspected two other properties in this
neighborhood which have received variance approval to construct garage
additions which encroach into the required front yard setback distances.
Measurements were taken from the nearest corner of the front of each garage to
the paved portion of Southshore Drive. The results were as follows:
1. Goodrie Residence - 10218 Southshore Drive - Setback
distance 33 feet.
2. Christian Residence - 9910 Southshore Drive - Setback
distance 37.5 feet.
Based on the survey prepared for Mr. and Mrs. Terrell, it appears that
the setback distance from their proposed garage addition to the paved
portion of the street would be approximately 28 feet, thus, closer to
the street than the other two properties.
Staff Report - Kent & Lori Terrell
Page 2
PRIMARY ISSUES AND ANALYSIS:
1. The nearest portion of the proposed garage would be 9.21 feet from the front
property line. The ordinance minimum front yard setback is 35 feet. The
nearest corner of the proposed garage would be 10.31 feet from the side property
line. The ordinance minimum side yard setback is 15 feet.
2. The existing square footage of the structure results in a total lot coverage of
19.67 %. The proposed addition would increase the lot coverage to 26 %. The
maximum lot coverage allowed by the Zoning Ordinance is 20 %.
PLANNING STAFF COMMENTS:
1. No particular hardship related to the physical surroundings, shape or
topographical conditions of this specific parcel have been demonstrated to
create a particular hardship as distinguished from a mere inconvenience if the
strict letter of the regulations were to be carried out.
2. We do not find this lot so unique that there is a basis for granting the
requested variance based on the "unique conditions" variance standards of the
Zoning Ordinance.
3. This would establish an undesirable precedent within the City.
4. Should the Board find that the request meets all of the variance criteria for
approval, the resolution should include a condition requiring relocation of the
detached accessory structure prior to building permit issuance.
RECOMMENDATION:
We recommend denial of the request submitted by Kent and Lori Terrell for a variance
form the minimum front and side yard setbacks and from the minimum lot coverage
requirements of the Zoning Ordinance for a property located at 10128 Southshore
Drive for the reasons stated in the draft resolution.
Submitted By:
Joe Ryan, Building Official
ATTACHMENTS:
1. Draft Resolutions
2. Location Map
3. Lot Drawing
4. Petitioner's Correspondence
5. City Correspondence
6. Variance Criteria
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CITY OF PLYMOUTH
BOARD OF ZONING ADJUSTMENTS AND APPEALS
MEETING - OCTOBER 8, 1991
The Regular Meeting of the Board of Zoning Adjustment and Appeals was called
to order at 7:00 p.m.
MEMBERS PRESENT: Commissioners Lips, Dolan, Singer, Ulmer, Edwards
MEMBERS ABSENT: Commissioner Butler
STAFF PRESENT: John Keho, Associate Planner
Joe Ryan, Building Official
MINUTES
Approval of the July 9, 1991 minutes was moved to
the end of the meeting.
Commissioner Ulmer opened the meeting at 7:00 p.m..
Commissioner Ulmer indicated that he would chair
tonight's meeting and that a chair and vice -chair
would be elected at tonight's meeting.
Commissioner Ulmer indicated that election of the
chaI r and vice chair would be moved to the end of
the meeting.
Commissioner Ulmer introduced the first item of
business which was a request for a variance from the
minimum front yard and side yard setbacks and from
the maximum lot coverage requirements for the
proposed construction of an attached garage addition
for a property located at 10128 Southshore Drive for
Kent and Lori Terrell.
Kent Terrell addressed the Board stating that the
interior dimensions of their existing garage is 18'
x 18' and it is too tight to fit their two cars plus
their yard and lake equipment.
Mr. Terrell stated that their proposed garage would
be in line with the addition to the Goodrie's garage
which was recently constructed nearby. He also
stated that the garage would be lowered 2 112 feet
from the existing level of the house to prevent a
steep slope entrance into the garage.
Mr. Terrell said that the existing garage would
ultimately be converted into a family room and that
the existing storage shed, which straddles the
property line would be moved, if required by the
Board. Their neighbor does not object to the
location of the shed at this time.
KENT & LORI TERRELL,
10128 SOUTHSHORE
DRIVE (10- 01 -91)
Board of Zoning Adjustments & Appeals
Minutes - October 8, 1991
Page 2
Lori Terrell addressed the Board stating that the
current garage is too small and that they have to
place both their snowblower and lawn mower in the
shed in the back yard which is a considerable
distance from the driveway and poses problems in the
winter months when they have to bring the snowblower
from the back yard, op the hill to the front yard to
clear out the driveway.
Kent Terrell said that they have no other
alternatives for expansion since the existing garage
was built over a basement and that the house sits on
their lot at an angle. They would have to request a
variance if they expand it any further to the side.
He also stated that they plan to stay in this house
for a very long time and that they need a three car
garage to house their 3 vehicles and all their
lakeshore equipment.
Mr. Terrell indicated that two similar variances
have been approved in this neighborhood placing
garages 6 feet from the property line and 14 feet
from the property line.
Commissioner Edwards asked Mr. Terrell if the
proposed garage addition would match the exterior of
the existing house. Mr. Terrell replied that the
material would be the same as the house. They are
proposing to redo the entire front of their house,
thus the entire front would match.
Commissioner Edwards asked what would happen to the
extra parking space on this side of the driveway.
Mr. Terrell replied that it would be removed.
Commissioner Edwards asked if they owned any land
across Southshore Drive. Mr. Terrell stated that
they did not.
Commissioner Dolan asked if the City had received
any comments from neighbors. Associate Planner John
Keho replied that staff had not received any
official comments but that a neighbor had taken a
look at the plans.
Commissioner Dolan asked staff how close this
addition would be to City right -of -way and also
asked how the City regulates any type of
construction within the City right -of -way such as
the parking area.
Board of Zoning Adjustments & Appeals
Minutes - October 8, 1991 -
Page 3
Building Official Joe Ryan responded that the City
does not always control the location of items that
individual homeowners may construct on their yards.
Commissioner Edwards asked if people could park on
the street right -of -way. Building Official Joe Ryan
indicated that City Codes do not allow for parking
in the streets.
Commissioner Edwards asked if there were any plans
to modify or expand Southshore Drive. Building
Official Ryan replied that he was not aware of any.
Commissioner Edwards stated that his two main
concerns deal with the size of the variance request,
that it was an 80 percent variance from current
standards and that the cars may be parking within
City right -of -way. Commissioner Edwards does not
want to expose the City to any liability if the car
parked in the driveway was hit by a snowplow or
other vehicles in the street.
Commissioner Dolan asked the Terrells' if the three
car garage was a must or just a desire. Mr. Terrell
replied that for them, the three car garage is a
must.
Commissioner Dolan stated that he was concerned with
the traffic heading east on Southshore Drive and
that the Goodrie home is situated on a more straight
section of Southshore Drive, whereas, the Terrells'
home is on a curve, thus causing potential safety
problems.
Mr. Dolan then asked if there were any other three
car garages in the neighborhood. Mr. Terrell
replied that a neighbor (the Broses) are
constructing a three car garage.
Building Official Ryan stated that the Broses had
petitioned the City to vacate a portion of the
unused City right -of -way and that the unused right -
of -way would then be added to their property, thus
providing the required setback from City right -of-
way line to the garage.
Commissioner Lips asked how far it was between the
actual roadway and the property line. Building
Official Ryan replied that from the garage to the
roadway is approximately 25 -26 feet.
Board of Zoning Adjustments & Appeals
Minutes - October 8, 1991
Page 4
Commissioner Singer asked if the Terrells' could
possibly shorten the length of the garage by
approximately two feet.
Commissioner Dolan said that he feels this is a very
large addition on a lot that would create a tight
fit. He stated that-he understands that this entire
area has unusual situations but that he felt that
this was too much to place on one lot. He stated
that perhaps a smaller garage where some of the old
garage was used for part of the new garage might
possibly be a better solution.
Commissioner Edwards stated that he agreed with
Commissioner Dolan in that he felt that the
construction of a full basement would not
necessarily be as expensive as the Terrells may
think.
Commissioner Singer stated that she was primarily
concerned with the variance request on the front and
not so much from the side. She also agreed with
Commissioner Dolan's comments.
Commissioner Ulmer stated that he feels that the
Terrells have met all but one criteria of the Zoning
Variance Criteria - that being the public welfare
and the safety concerns. He felt that there were
some safety issues with the possibility of cars
parked in the City right -of -way.
Commissioner Lips stated that he felt that this
neighborhood contains large numbers of variances and
that he feels that this is in line with those
variances.
Building Official Ryan interjected that the Goodrie
variance request was for a 10 foot setback to the
property line.
Lori Terrell indicated that although the setback for
the Goodries' may be further than their requested
setback, the Goodries' garage is actually built
closer to the street than their garage would be
built to the street because the road is closer to
the right -of -way line in front of the Goodries then
it is to the Terrells.
Commissioner Lips indicated that he did not feel as
comfortable with the lot coverage. He stated that
he felt that the garage could be reduced in size and
then he would be more supportive of the request.
Board of Zoning Adjustments & Appeals
Minutes - October 8, 1991
Page 5
Commissioner Edwards asked if this item could be
tabled for the Terrells to re- analyze their request.
Commissioner Ulmer replied that they could give the
petitioners that option.
Ken Terrell replied that he would rather have his
request tabled than receive a denial at tonight's
meeting.
MOTION by Commissioner Singer, seconded by MOTION TO APPROVE
Commissioner Dolan to table this request until the
November meeting.
VOTE. 5 Ayes. 0 Nays. MOTION CARRIED
Commissioner Singer asked if the Commission could be
given additional information concerning the actual
distance between the street and garages for both the
Goodries and Terrells property.
Commissioner Lips asked if they could have included
in their packet the lot survey from the Christianson
variance request of September 19, 1991 at 9910
Southshore Drive.
Building Official Ryan replied that Staff would need
to have revised plans turned into them within two
weeks for their review and placement on the November
agenda.
C Nqli, s rsionerUlmer introduced the next item, a VANEECKHO BUILDING
revis'on of Resolution B90 -7 for Van Eeckhout CORPOR An ON 255/257
Buildin Corporation, 255/257 Berkshire Lane North. BE IRE LANE NORTH
MOTION by Commissioner Edwards, seconded by
Commissioner olan to approve rescinding Resoluti
B90 -7.
It should be not that the Board of Zoning
Adjustments and Appeal was not sett' a precedence
of granting a setback o less n 35 feet, since
the building had already b constructed and that
the Board had been a d y Staff, who had
apparently dropped t ball, nd had issued a
building permit 'n violation f the setback
requirements approval of the set k variance.
Commiss' er Dolan wanted to clarify his easoning
behi this addition to the minutes beca a the
B d was asked to approve something after i was
wilt and he did not want someone later down e
road to say that the Board set a precedence reducing
1
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT TO BOARD OF ZONING
ADJUSTMENTS AND APPEALS
REPORT DATE: 9/30/91 MEETING DATE: October 8, 1991
FILE NO.: 10 -01 -91
PETITIONER: Kent and Lori Terrell
REQUEST: Variance of 27.79 feet to allow a 7.21 foot front yard setback versus
the 35 foot required front yard setback; a variance for 6.69 feet to
allow a 8.31 foot side yard setback versus the 15 foot required side
yard setback; and, a variance to allow a lot coverage of 27% versus the
ordinance maximum of 20% to construct an attached garage addition onto
the front of the home.
LOCATION: 10128 Southshore Drive
GUIDE PLAN CLASS: LA -1 (Low Density Residential)
ZONING: R -1A (Low Density Single Family Residential)
BACKGROUND:
This home was built in 1952. The Terrells purchased the home in 1986.
Property owners within 100 feet have been notified.
There have been at least two other garage additions in this neighborhood which have
received variance approval to encroach into the required front yard and /or side yard
setback distances. Staff recommended denial in each case.
PRIMARY ISSUES AND ANALYSIS:
1. The petitioner proposes to construct a 22 foot by 32 foot garage addition in
front of the existing 18'3" x 18'6" attached garage.
2. The Terrells intend to eventually convert the existing garage space into living
area for the home.
3. The nearest portion of the existing garage to the front property line is
approximately 30 feet. The nearest portion of the proposed garage would be 7.21
feet from the front property line. The ordinance minimum front yard setback is
35 feet.
4. The nearest corner of the existing garage is 17.15 feet from the side property
line. The nearest corner of the proposed garage would be 8.31 feet from the
side property line. The ordinance minimum side yard setback is 15 feet.
5. The existing square footage of the structures results in a total lot coverage of
19.67 %. The proposed addition would increase the lot coverage to 27 %. The
maximum lot coverage allowed by the Zoning Ordinance is 20 %.
6. There is an existing 8' x 12' detached accessory structure located in the rear
yard which extends beyond the west side lot line into the adjacent neighbor's
property.
7. Per Section 11, Subdivision C.2(d) of the Zoning Ordinance, the Board shall not
approve the application unless they find the request meets all 6 of the Variance
Standards referenced. Attached is a copy of the Variance Criteria together with
the petitioner's narrative addresses the reasoning for their requested variance.
PLANNING STAFF COMMENTS:
1. We are concerned with leaving as little as 7 feet between the front property
line and the proposed garage in that there is no room to park a vehicle between
the road and the garage. This presents a safety problem for the City.
2. No particular hardship related to the physical surroundings, shape or
topographical conditions of this specific parcel have been demonstrated to
create a particular hardship as distinguished from a mere inconvenience if the
strict letter of the regulations were to be carried out.
3. We do not find this lot so unique that there is a basis for granting the
requested variance based on the "unique conditions" variance standards of the
Zoning Ordinance.
4. This would establish an undesirable precedent within the City.
5. Should the Board find that the request meets all of the variance criteria for
approval, the resolution should include a condition requiring relocation of the
detached accessory structure prior to building permit issuance.
RECOMMENDATION:
We recommend denial of the request submitted by Kent and Lori Terrell for a variance
from the minimum front and side yard setbacks and from the minimum lot coverage
requirements of the Zoning Ordinance for a property located at 10128 Southshore
Drive for the reasons stated in the draft resolution.
Submitted By:
Joe Ryan, Building Official
ATTACHMENTS:
1. Draft Resolutions
2. Location Map
3. Lot Drawing
4. Petitioner's Correspondence
5. City Correspondence
6. Variance Criteria
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ORIGINAL REQUEST C
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We are requesting a front setback variance of 27 feet (8 feet
from property line), a coverage variance of 26 %, and a side
setback variance of 6.35 feet (8.65 feet from property line)
in order to construct an attached 3 -car garage to house our
2 cars and truck (used for boat).
1. Because the garage has a basement and is located on a walk-
out lot, it is not feasible to expand the existing garage. The
garage is 1813 wide by 1816 deep and is so small that we
cannot park our, truck in the garage (see item #1 attached).
If we park a normal size car, there is only a foot of room
on the driver's side of the car to open the door, and less
than 8 inches behind the car to walk to the door to the house.
I must unload passengers and groceries in our drive -way
because we cannot open the doors wide enough to do this in
the garage.
2. The basement under the garage and narrow garage dimensions
are unique to our lot. Our neighbors have either level lots
or normal sized double garages (at least 20 feet wide). Our
neighbor at 10118 Southshore Drive has received an approval
to build a 3 -car garage in front of his home. (He also had
a small double garage with dimensions similar to ours).
3. The purpose of the variance is to allow us to remain in
our house and be able to use the garage for normal sized
vehicles.
4. The difficulty with our garage is that the only feasible
way to increase the size is to build a new garage in front
of the existing one, and this will place the property (front
of garage) within 8 feet (at closest point) of the front
property line, along with increasing the coverage to 26 %,
and a side yard setback of 8.65 feet (at closest point). The
house was built in 1950, and we purchased the house in 1986.
We have not altered the house or garage.
5. The addition will not be detrimental as it is intended to
house our 3 vehicles, lawn mower /snow thrower, bicycles, and
garbage cans,etc. which currently sit outside as they do not
fit into the garage.
6. The addition will not impair the supply of light or air to
adjacent property, increase the danger of fire or public
safety. The addition will not impact property values within
the neighborhood, as it is only an increase in garage size.
7. The following variances have been approved within the past
two years on our street:
10218 Southshore Drive (file 05- 03 -89) 2 car garage within 6 feet
of front property line
9910 Southshore Drive (file 09- 04 -90) additional 2 -car garage within
14.5 feet of front line + 25% coverage.
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I. That because of the particular physical surroundings, shape, or
topographical conditions of the specific parcel of land involved, a
particular hardship to the owner would result, as distinguished fiat a
mere inconvenience, if the strict letter of the regulations were to be
carried out.
2. That the conditions upon which a petition for a variation is based are
unique to the parcel of land for which the variance is sought and are not
applicable, generally, to other property within the same zoning
classification.
3. That the purpose of the variation is not based exclusively upon a desire
to increase the value or income potential of the parcel of land.
4. That the alleged difficulty or hardship is caused by this Ordinance and
has not been created by any persons presently having an interest in the
parcel of land.
5. That the granting of the variation will not be detrimental to the public
welfare or injurious to other land or improvements in the neighborhood in
which the parcel of land is located.
6. That the proposed variation will not impair an adequate supply of light
and air to adjacent property, or substantially increase the congestion of
the public streets, or increase the danger of fire, or endanger the public
safety, or substantially diminish or impair property values within the
neighborhood.
forms:o >pl /zon.stnd /s) 10/89
7- GT-
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: November 22, 1991 For City Council Meeting of December 2, 1991
TO: James G. Willis, City Manager
FROM: Community Development Director Cha a i1lerud
SUBJECT: UNITED STATES POSTAL SERVICE. AMENDED RESOLUTION APPROVING THE
SITE PLAN AND CONDITIONAL USE PERMIT FOR THE NEW POST OFFICE
BUILDING TO BE LOCATED ON THE SOUTH SIDE OF 45TH AVENUE NORTH AND
WEST OF STATE HIGHWAY 169 (91041)
ACTION REQUESTED: Adopt the attached resolution providing for an
amendment to the approval resolution for the new Post Office (Lost Lake)
consistent with the opinion and recommendation of the City Attorney
regarding the handling of the Site Improvement Performance Agreement and
related financial guarantee for this project.
BACKGROUND:
The City Council has been previously advised by the City Manager that the
U.S. Postal Service has refused to comply with the provisions of Resolution
91 -496 regarding submission of a required financial guarantee and Site
Improvement Performance Agreement (Condition #3).
As of Wednesday, November 27, 1991 the City of Plymouth continues to
withhold issuance of the water and sewer connection permits since no Site
Improvement Performance Agreement has been executed and no financial
guarantee has been provided. We have advised the Postal Service that staff
is not empowered to modify the conditions of a City Council resolution.
Only the City Council can do that.
The City Attorney recommends the City Council consider amendment to the
approval resolution which would substitute a letter from the Postal Service
stating its agreement to complete all items on the approved Site Plan in
lieu of the Site Improvement Performance Agreement and financial guarantee.
A copy of the resolution providing that amendment is attached.
Page Two
File 91041
CONCLUSIONS AND RECOMMENDATIONS:
Consistent with the recommendation of the City Attorney I recommend the City
Council adopt the attached resolution amending the approval of the Site Plan
and Conditional Use Permit for the Postal facility at 45th Avenue North to
allow a substitute method to guarantee completion of the site improvements.
ATTACHMENTS:
1. Resolution Amending Resolution No. 91 -496
2. City Attorney's Opinion
3. Resolution No. 91 -496
cc /cd /91041.1:dh)
CITY OF PLYMOUTH
RESOLUTION 91-
AMENDING SITE PLAN AND CONDITIONAL USE PERMIT APPROVAL RESOLUTION (RESOLUTION
NO. 91 -496) FOR THE UNITED STATES POSTAL SERVICE LOCATED AT THE SOUTH SIDE OF
45TH AVENUE NORTH AND WEST OF HIGHWAY 169 (91041)
WHEREAS, the City Council, on September 4, 1991 approved the Site Plan and
Conditional Use Permit for the new postal facility by Resolution 91 -496; and,
WHEREAS, the United State Postal Service has requested modification to
Condition #3 of said resolution regarding the form of guarantee for completion
of the site improvements; and,
WHEREAS, the City Attorney has recommended such alternative form of guarantee
be approved because the United States Postal Service is instrument of the
United States Government;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve an amendment to
Resolution 91 -496 that amends Condition #3 as follows:
3. Submission of a letter executed by an appropriate officer of the United
States Postal Service guaranteeing completion of all site improvements
consistent with the terms and conditions of City Council Resolution 91-
496.
Adopted by the City Council on December 2, 1991.
res /cc /91041.amend:dh)
NOV 7— "91 15: 21 Hf -JUIE . _. !=RAVEI'd
JAMES J. THOMSON
Attorney at Law
Direct Dial (612) 337 -9209
November 27, 1991
Mayor Kim M. Bergman
and City Council
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
P. 2
HOLMES & GRAVEN
CHARTERED
470 Pillsbury Center, Minneapolis, Mimtuota 55402
612) 337 -9300
RE: Financial Guaranty and Site Improvement Performance Agreement
for the United States Post Office
Dear Mayor Bergman and Council Members:
At your September 4, 1991 meeting, you approved a site plan for the
i new U.S. Post Office. One of the conditions of approval was that
the Postal Service enter into a site improvement performance
agreement and post a financial guaranty to insure that the exterior
amenities on the site would be constructed in accordance with the
plans reviewed by the City. The Postal Service did not object to
this condition at that time.
The attorney for the Postal Service informs me that the Postal
Service now objects to signing the agreement and posting the
financial guaranty. The Postal Service is willing to provide the
City with a letter stating that the site work will be completed in
accordance with the plans that have been reviewed by the City.
The basic law in this area is that facilities of the federal
government are not subject to the restrictions imposed by municipal
zoning regulations. Anderson, American Law of Zoning, 51208 (3rd
Ed., 1990). The rationale for this rule is based on the supremacy
clause in the United States Constitution. The basic principle
applies to post offices. Courts have held that the authority of
the United States Postal Service to construct post offices cannot
be restricted by local ordinance. Township of Middletown v. United
States Postal Service, 601 F.Supp. 125 (D. N. J. 1985) ; Crivello v.
Board of Adjustment, 183 F.Supp. 826 (D. N. J. 1960). Courts have
also held, however, that where no federal efforts are impeded,
federal authorities should seek, as far as possible, to comply with
JJT25210
PL100 -32A
I`O%v 27 '91 15:22 HOUIES _. GRH'•JEPJ P.
I
Mayor Kim M. Bergman
and City Council
November 27, 1991
Page 2
local zoning regulations. Aqua Caliente Band v. Palm Springs, 347
F.Supp. 42 (C.D.Cal. 1972).
In this situation, the Postal Service voluntarily submitted to the
city's site plan review process. It is unfortunate that the Postal
Service did not object to the requirement of furnishing a financial
guaranty and entering into a site improvement performance agreement
at the time the site plan was approved by the City Council so that
this issue could have been addressed then. Nevertheless, now that
the Postal Service has objected to the requirement, I do not
believe that a court would require the Postal Service to comply
with the requirement. Therefore, I recommend that the requirement
be deleted. As I stated above, the Postal Service will submit a
letter insuring that it will complete the site improvements set
forth in the plans on file with the City.
I have discussed this issue with the
Service. I informed her that I did not
had the authority to modify a condition
the City Council. I told her that the
the December 2 agenda for consideration
Sincerely,
es J. Thomson
JJT:jes
cc: James Willis
Chuck Dillerud
Maria Fuhrmann
JJT25210
PL100 -32A
attorney for the Postal
feel that the City staff
that had been imposed by
matter would be placed on
by the City Council.
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a regular meeting of theCityCounciloftheCityofPlymouth, Minnesota, was held on the 4th dayOfStemr1991Thefollowingmemberswerepresent:
Mavor Rereman C-mcilmembers H 11iwell, Ricker, Va-siliou and Zitur
The following members were absent: None
Councilmember Ricker introduced the following Resolution and
moved its adoption: '
RESOLUTION 91 -496
APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR THE UNITED STATES POSTAL
SERVICE LOCATED AT THE SOUTH SIDE OF 45TH AVENUE NORTH AND WEST OF HIGHWAY 169
91041)
WHEREAS, the United States Postal Service has requested approval for a Site
Plan and Conditional Use Permit to construct a postal facility with
merchandising services of 34,000 square feet for property located at the south
side of 45th Avenue North, west of Highway 169; and,
WHEREAS, the Planning Commission has reviewed said request at a duly calledPublicHearingandrecommendsapproval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by theUnitedStatesPostalServiceforaSitePlanandConditionalUsePermitto
construct a postal facility with merchandising services for property locatedatthesouthsideof45thAvenueNorth, west of Highway 169, subject to the
following conditions:
1. Compliance with the City Engineer's Memorandum.
2. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations
for new structures on sites adjacent to, or containing any open storm
water drainage facility.
3. Submission of required financial guarantee and Site Performance Agreement
for completion of site improvements within 12 months of the date of this
resolution.
4. Any signage shall be in compliance with the Ordinance.
5. Any subsequent phases or expansions are subject to required reviews and
approvals per Ordinance provisions.
6. Compliance with the Ordinance regarding the location of fire hydrants andfirelanes.
11
Resolution No. 91 -496
Page Two
File 91041
7. All waste and waste containers shall be stored within the enclosure, and
no outside storage is permitted.
8. An 8 x 11 inch "As Built" Fire Protection Plan shall be submitted prior
to the release or reduction of any site improvement bonds per City Policy.
9. No variances are approved or implied. The Site plan shall be redesigned
to eliminate the following deficiencies:
a. The "courtesy lane" parallel to 45th Avenue North shall be increased
in width from 12 feet to the Zoning Ordinance minimum standard of 14
feet.
b. Site lighting shall be modified to retain the .5 foot candle contour
within the site boundaries.
New Site Plan graphics shall be submitted for review and approval of the
City Development Review Committee prior to issuance of a building permit.
The motion for adoption of the foregoing Resolution was duly seconded
by Councilmember Vasiliou , and upon vote being taken thereon,
the following voted in favor thereof: Mayor Berman, Councilmembers
Helliwell Ricker, and Vasiliou
The following voted against or abstained Councilmember Zitur
Whereupon the Resolution was declared duly passed and adopted.
res /cc /91041:dh)
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
If, rl, 14
DATE: November 27, 1991 For City Council Meeting of December 2, 1991
TO: James G. Willis, City Manager
FROM: Associate Plan r n Keho /through Community Development
Director Charle E lerud
SUBJECT: CENVESCO, INC. RELEASE OF SITF PERFORMANCE GUARANTEE FOR QUAIL
RIDGE ADDITION LOCATED AT 41ST AVENUE NORTH AND POLARIS LANE
87134)
ACTION REQUESTED: Adopt the attached resolution authorizing the release
of the Site Performance Guarantee for CENVESCO, Inc. for Quail Ridge
Addition.
PRIMARY ISSUES AND ANALYSIS:
The developer has requested release of the financial guarantee for Quail
Ridge Addition stating that all site improvements have been completed.
Planning and Engineering staff inspected the site and worked with both the
Quail Ridge Homeowners Association and CENVESCO in completing the approved
landscaping plan.
RECOMMENDATIONS AND CONCLUSIONS:
I recommend adoption of the attached resolution authorizing release of the
financial guarantee for CENVESCO, Inc.
Attachments:
1. Draft Resolution
2. Location Map
3. Resolutions 88 -409, 88 -410 and 90 -240
CITY OF PLYMOUTH
RESOLUTION 91-
AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR CENVESCO, INC. FOR QUAIL
RIDGE OF PLYMOUTH 4TH ADDITION (87134)
WHEREAS, a Site Plan for Quail Ridge of Plymouth 4th Addition was approved
under City Council Resolution 88 -409; and,
WHEREAS, the developer submitted the required Site Performance Guarantee in
the form of a Letter of Credit in the amount of $11,160; 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 financial guarantee in the amount of $11,160, which was submitted to
guarantee site improvements for Quail Ridge of Plymouth 4th Addition.
Adopted by the City Council on December 2, 1991.
res /cc/87134)
M.
mm.
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a re ular meeting of the City Council of the
City of Plymouth, Minnesota, was held on the 13th day of Ouly , 1988. The
following members were present: Mayor SchneT e_r,_Touncilmembers a - slliou, Ric eer,
Zitur and Sisk
The following members were absent: None
Councilmember Zitur introduced the following Resolution and moved its
adoption:
RESOLUTION NO. 88 -410
SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR QUAIL
RIDGE OF PLYMOUTH 4TH ADDITION FOR DEAN JOHNSON, CENVESCO, INC. (87134) (RPUD 85 -5)
WHEREAr-, the City Council ias approved the Final Plat and Development Contract for
Quail kidge of Plymouth 4th Addition as requested by Dean Johnson, Cenvesco, Inc.;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and hereby does approve the following to be met, prior to
recording of, and related to said plat:
1. Compliance with the City Engineer's Memorandum.
2. No Building Permits shall be issued until a Contract has been awarded for the con-
struction of municipal sewer and water.
3. Removal of all dead or dying trees from the property at the owner's expense.
4. Compliance with Policy Resolution No. 79 -80 regarding minimum floor elevations for
new structures in subdivisions adjacent to, or containing any open storm water
drainage facility.
5. Submittal of required utility and drainage easements as approved by the City
Engineer prior to filing the Final Plat.
6. No Guilding Permits to be issued until the Final Plat is filed and recorded with
Hennepin County.
The motion for adoption of the foregoing Resolution was duly seconded by
Councilmember Sisk , and upon vote being taken thereon, the following
voted in favor thereof: Mayor Schnelderg Councilmembers VasilloulPickert Zitur
and Sisk Jhe following
voteded aga nst or abstained: None Whereupon the
Resolution was declared duly passed and adopted.
f
f.•
A.•r.
J'..,•
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CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a rye Vlar meeting of the City Council of the
City of Plymouth, Minnesota, was held on the 17Z7 day of Jul 1988. The
following members were present: Mayor Schneeder- 7!ouncI1members a sillou, Ricker,
Zitur and Sisk
The folio w ng members were absent: None
Councilmember Zitur introduced the following Resolution and moved Its
adoption:
RESOLUTION NO. 88 -409
APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR QUAIL RIDGE OF PLYMOUTH 4TH ADDITION
FOR DEAN JOHNSON, CENVESCO, INC. (87134) (RPUD 85 -5)
WHEREAS, Dean Johnson, Cenvesco, Inc. has requested approval for Final Plat for Quail
Ridge of Plymouth 4th Addition, (RPUD 85 -5), a plat for 36 single family residential
lots and one outlot located at Niagara and Polaris Lanes and 44th Avenue North; and,
WHEREAS, the City staff has prepared a Development Contact covering the improvements
related to said plat;
NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and hereby does approve the Final Plat and Development
Contract for Dean Johnson, Cenvesco, Inc. for Quail Riga of Plymouth 4th Addition
located at Niagara and Polaris Lanes and 44th anue North; and,
FURTHER, that the Development Contract for said plat I)e approved, and that the Mayor
and City Manager be authorized to execute the Development Contract on behalf of the
City.
The motion for adoption of the foregoing Resolution. was duly seconded by
Councilmember Sisk , and upon vota being taken thereon, the foll ow ng
voted In favor thereof: ___Mayor 5chneider, Councilmembers Vasiliou Ricker Zitur
and Sisk 1he followl ng
voted against or abstained: one Whereupon the
Resolution was declared duly passed and adopted.
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a voftVlar meeting of the
City Council of the City of PlJinouth, Minnesota, r *s held on the 2nd dy
of ,per, 19_9D_ The following members were present:
tpnty MLyor Vasiliou Councilmembers Helliwell, Ricker, and Zitur
The following members were absent: Mayor Bergman
Cminrilmomher Ricker introduced the following Resolution and
moved its adoption;
RESOLUTION 90 -240
AMENDING CONDITIONS TO BE MET RELATED TO FINAL FLAT AND DEVELOPMENT CONTRACT
FOR QUAIL RIDGE OF PLYMOUTH 4TH AODITION (87134) AS APPROVCD BY RESOLUTION
NOS. 88 -409 AND 88 -410
WHEREAS, the City Council on July 15, 1988, ii proved the Final Plat and
Development Contract for Quail Ridge f Plymout`; 4$h Addition as requested by
Cenvesco, Inc.; and,
WHEREAS, that approval required the completior. 11 private site improvements
before hu{lding permits could be issued within the subdivision; and,
WHEREAS, the developer has requested that only Lots 1, 2, 5 and 6, Block 2;
and Lots 1, 2 and 3, Block 3, be subject to this requirement.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IHt 01Y OF
PLYMOUTH, MINNESOTA, that it should and hereby. does amend the Development
Contract and Resolution 89 -196 as follows:
1. Condition No. 14.12 of the Development Contract applies only to lots of
the Final Plat abutting Outlot A (Lots 1, 2, 5 and 6, Block 2; and Lots 1,
2 and 3, Block 3).
2. Item 14.11 of the Development Contract fog•• ;`.:ail Ridge of Plymouth 4th
Addition shall be amended to read as follows. Rio building permits will be
issued for the Quail Ridge of Plymouth 4th Addition until a Site
Improvement Performance Agreement and a fi^r7-. ial guarantee r ^e on file
with the City of Plymouth, covering the privite site improvemrnt to be
completed, consistent with a plan on fife with the City. Those
improvements shall include the survival of all landscape materials over at
least one winter season.
The motion for adoption of the foregoing Resolution was duly seconded
by rrn,nr lmeMber Hgl.liwell and coon vote being taken thereon,
the following voted in favor thereof: _Deputy Mayur Vasiiicti,
rnttnrilmeml,pra Hp113y @11. Ricker, and Zitur
The following voted against or abstained None
Whereupon the Resolution was declared duly passee and adopted.
t
7 ' J--
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: November 26, 1991, for City Council Meeting, December 2, 1991
TO: James G. Willis, City Manager
FROM: Dale E. Hahn, Finance Director
SUBJECT: RECOMMENDATION FOR FISCAL CONSULTANT
ACTION REQUESTED: Adopt the attached resolution approving Ehlers and
Associates as the City's fiscal consultant.
BACKGROUND: The City has received proposals from Ehlers and Associates, Inc.,
Springsted, Inc. and Evenson Dodge, Inc., to provide fiscal consultant
services for the City. Shown below are the proposed fees for the various
services requested:
Ehlers & Evenson
Associates Dodge Springsted
General Obligation Bonds
Base Fee - $2,500,000 Issue 12,925 12,375 13,500
Printing, Advertising
and Out of Pocket Expenses Included 1,800 925
Total for $2,500,000 Issue 12,925 14,175 14,425
Base Fee - $5,000,000 Issue 16,425 16,750 19,100
Printing, Advertising
and Out of Pocket Expenses Included 2,500 1,075
Total for $5,000,000 Issue 16,425 19,250 20,175
Non - General Obligation, Tax
Increment, and Advanced
Refunding Bonds - $5,000,000 Issue
Tax Increment Bonds 16,425 27,625 20,175
Advanced Refunding Bonds 16,425 31,812 29,725
Revenue Bonds 24,638 27,625 29,725
1 .
Page Two
November 26, 1991
Multi -Issue Discount: Smaller Smaller Combine Issues
Issue Issue and Take Fee
Reduced Reduced Total Times
by 25Z by 25% 1.25%
5,000,000 = $ 16,425 $ 16,750 $ 23,100
2,500,000 = 9,694 10,519 x 1.25
Total for Both Issues $ 26,119 $27,269 $ 28,875
Fees for Special Projects:
Senior Officer $ 95 /Hr $165 /Hr $125 /Hr
Other Officer -- 135 /Hr 115 /Hr
Professional -- 120 /Hr 90 /Hr
Para - Professional 47.50/Hr 55 /Hr --
Support Staff 22.80/Hr -- 35 /Hr
I believe all three firms would provide high quality fiscal services for the
City based upon their proposals. The fee as proposed by Ehlers and Associates
is considerably less than proposed by the other two firms as shown above. The
City used the services of Springsted for the fiscal impact study and the 1991
Improvement Bond Sale. We found the quality of their services to be very
acceptable.
RECOMMENDATIONS: Based upon the information shown above, I believe it is in
the best interest of the City to accept the proposal from Ehlers and
Associates for the City's fiscal consulting services. A resolution is
attached for City Council consideration.
I
t
CITY OF PLYMOUTH
RESOLUTION NO. 91-
APPROVING EHLERS AND ASSOCIATES FOR CITY FISCAL
CONSULTANT SERVICES
WHEREAS, the City uses fiscal consultant services for various City projects and
bond sales; and
WHEREAS, the City received proposals from three fiscal consultant firms for these
services; and
WHEREAS, the proposal received from Ehlers and Associates was determined to be
the best proposal for these services on the basis of the:
1. Menu of services offered.
2. Cost schedule for services rendered.
3. Previous experience in performing similiar work for the City.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA, that the firm of Ehlers and Associates is
designated for the City's fiscal consultants in accordance with the fee schedule
contained in the staff report dated November 26, 1991; and
FURTHER, it is understood that the City Council periodically review this
designation to assure that the services received and costs incurred are most
advantageous to the City.
Adopted by the City Council on December 2, 1991.
n_r
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: November 26, 1991 For City Council Meeting of December 2, 1991
TO: James G. Willis, City Manager
FROM: Community Development Director C Dilleruda1D
SUBJECT: COMMUNITY DEVELOPMENT BLOCK
M
ANT P
SITIOROGRAM.
OF THE
REALLOCATION
SIOF
CDBG
PROGRAMYEARXVIIINCOMEFROM
PACTIONREQUESTED: Adopt the attached resolution approving the
Program rant funds
allocation of the balance
of
the CDBG
Senior Site.
Year XVII g
resulting from the disposition
BACKGROUND:
At its meeting November 21, 1991 the
nd reallocation
Rofetheobalanceuofothey
CDBG
a unanimous vote, acted to recomme
funds returned to the City of Plymouth
iHousi g activitieses -
from
of the Senior Site for Scattere
XVII.
PRIMARY ISSUES AND ANALYSIS:
the HRA
This recommendation is the con a net total of
two-part $ n y $
213,300 that returned
Commission of reallocation of has
by Hennepin County to the City Of Plymouth.
ostruction of the 10th Avenue APark.
recommended allocating $140,000 to the the City Council at its
This recommend was 1991.
idered and approved by
meeting of November
The HRA now has recommended the balance ($73,300) added to the Scattered
XVII.
total
Site Homeownership Program in CDBG P for Pro ram Yea XVII will
Ube1$g166,6O7
Scattered Site Homeownership
Program 9
if the HRA recommended
allocation
adddHomeownershexisting $
93,306
allocation for Program Year XVII Scattered e
CITY OF PLYMOUTH
RESOLUTION 91-
AUTHORIZING ALLOCATION OF YEAR XVII COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
WHEREAS, Year XVII funds for the Community Development Block Grant program are
increased $213,300 due to Program income from return of Senior Housing Program
funds; and,
WHEREAS, on November 7, 1991 the Plymouth Housing and Redevelopment Authority
held a duly constituted public hearing to consider allocation of the program
income to other activities; and,
WHEREAS, the City Council has approved a portion of this program income
140,000) for the 10th Avenue Park by Resolution 91 -273; and,
WHEREAS, the Housing and Redevelopment Authority of the City of Plymouth
discussed ways the balance of these Community Development Block Grant funds
could be utilized in accordance with federal guidelines.
NOW THEREFORE, BE IT HEREBY RESOLVED by the Plymouth Housing and Redevelopment
Authority of the City of Plymouth that it should and hereby does authorize the
allocation of the balance of Year VXII Community Development Block Grant
Program Income funds as follows:
1. Scattered Site Homeownership 73,300
TOTAL $ 73,300
Adopted by the City Council on December 2, 1991.
res /cc /cdbg.12 -2)
Page
MinutesHRAMinutes
11/21/91
CDBG PROGRAM YEAR XVIII REALLOCATION OF SENIOR SITE PROGRAM INCOME - PLANNING
AND MANAGEMENT ALLOCATION:
Director Dillerud reviewed the November 12, 1991 memo.
Commissioner Ricker asked how Geobase would help the HRA.
Director Dillerud stated that the HRA would not benefit directly from it, as
it would benefit the entire City.
Commissioner Ricker stated he would like to use CDBG funds for HRA related
projects or keep it for a "reserve" in case they fall short of funding in
another area.
Chairman Crain stated his concern about the $40,000 going to into City -wide
Planning and computer use. He stated he would like it to go into the
Scattered Site Housing Program. He stated the HRA Commission already
allocated $140,000 to the park, and is reluctant to give another $40,000 to
City -wide use.
Commissioner Ricker asked if the CDBG budget must have a line item for the
40,000.
Director Dillerud stated that the intended use for the $40,000 has to be
designated for HUD.
Commissioner Ludovissie stated the HRA Commission needs to do a long range
plan and strategy to manage funds and plan for the future. He stated he would
like to seek new ideas such as improving apartment buildings in exchange for
allocating units to low /moderate income families.
Commissioner Ludovissie asked what the time limit is on spending the CDBG
money that has been budgeted.
Director Dillerud stated that you can not normally have more than lk years of
funds outstanding, but some latitude is available to Plymouth as a new
Entitlement City.
MOTION by Commissioner Ricker, seconded by Commissioner Ludovissie to allocate
the remaining $73,300 to the Scattered Site Housing Program.
Vote. 4 Ayes. MOTION carried on a 4 -0 Vote.
SE 8 MANAGEMENT AUDIT:
Chairman Crain Housing Specialist Dale for an update on the HUD
Management Audit.
Housing Specialist Dale stated t e need to be more thorough on the
interviews with clients, and they woul the client to fill out the
recertification information.
Director Dillerud stated there were no more file findings. ated that
Denise and Milt are to go to the HUD office for some training.
3(.--
1
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: November 12, 1991
TO: Housing /aN (Ke-dZNelopment Commissioners
FROM: Charle E. erud, Executive Director
SUBJECT: CDBG PROGRAM YEAR XVIII - PLANNING AND MANAGEMENT ALLOCATION
Consideration of the reallocation of "Program Income" resulting from "sale" of
the Senior Housing Site was tabled by the HRA following the November 7, 1991
Public Hearing, except with respect to the construction of the 10th Avenue
park as a low- moderate income area benefit.
Discussion leading to the tabling of the balance of the reallocation centered
on the staff recommendation that 20% of the program income funds ($40,460)
should be allocated to "Planning and Management ". The Commissioners in
attendance indicated their desire to include the absent Commissioners in a
discussion of these matters; to consider to the 1992 budget within the context
of these matters; and to have a further explanation of the intended activities
to-be paid for from these funds.
The Community Development Block Grant program genesis was nearly 20 years ago.
It resulted from a desire on the part of the federal government to provide
local units of government increased flexibility in applying federal funds
received for Community Development purposes. Previously the delivery of those
funds had been through a "categorical grant" process. With this process
communities actually competed for funds within narrow program categories.
Included among the several program categories that were blended to become the
Community Development Block Grant program were a number of fund applications
related to Community Development activities of a city -wide nature and /or not
involving housing or low /moderate income. These included the Open Space Land
Acquisition and Development Program; the Public Facilities Loan and Grant
Program; the Urban Renewal Program; and the Section 701 Planning Program.
A careful reading of the current CDBG program regulations will reveal that,
while the emphasis in the allocation of federal funds has become low /moderate
income, CDBG continues to anticipate and accommodate funding most of
activities related to the programs that it replaced many years ago.
Page Two
CDBG
I have attached photocopies of the current HUD Program Guide and the codified
HUD rules regarding CDBG. Please note the specific anticipation of city -wide
plans and studies as well as the anticipation of other similar type activity
related to "capacity building ", including development monitoring (which
includes software development) are anticipated as well. None of these
activities directly relate to housing or specific low /moderate income issues.
As the accompanying rules describe the City is limited to allocating 20% of
its annual CDBG grant (and any annual "Program Income ") to a combination of
Planning and Capacity Building plus General Program Management. Hennepin
County has historically used up half of the 20% allocation with their
requirement that 10% be retained by the County for Program Management
purposes. During the past several years we had been led to believe by the
County that specific line item administration of CDBG Program was to be paid
out the remaining 10 %, and therefore little or nothing was left for the
Planning /Capacity Building activities that the HUD rules permit.
It is my understanding that the City did utilize CDBG funds during the early
years of the CDBG Program (prior to limitations being placed on such use) for
the Comprehensive Plan updates done around 1980. As far as I can determine no
CDBG funds have been expended for these purposes since 1984 -1985, even though
the City of Plymouth has recently completed over $100,000 worth of
Comprehensive Plan updates - prior to Plymouth becoming an Entitlement
Community.
It,has been approximately 6 years since funds have been allocated for any type
of City -wide planning program even though at least 10% of our annual
allocation was eligible for these projects during that entire period. Since
the inception of CDBG in Plymouth through Year XVI a total of $155,000 of
2,092,994 was allocated to City -wide "planning" not related to housing.
I have attached a copy of the letter that I have drafted to the HUD
Minneapolis Office requesting specific findings with regard to the eligibility
of three "planning" projects which I believe to be of sufficient importance as
to warrant use of CDBG planning funds.
In addition a planning activity which I am certain is eligible is to update
and increase detail, for the Plymouth "Physical Constraints Analysis ". This
document was prepared in 1980 (several years ahead of its time) as a guide for
the Planning Commission and City Council as to the existence of
environmentally critical land forms within Plymouth. The areas of natural
forestation; areas of steep slopes and /or poor soils; and areas then
considered to be wetlands where mapped at a broad scale. Since 1980 this work
has served the City well in the review of development proposals.
Unfortunately the state /federal definitions of "wetland" have changed since
1980 and an analysis in much greater map detail is necessary for us to
adequately determine where these areas exist on the ground. The same applies
with respect to forested areas where we now are concerned with the species of
trees as well as the general existence of trees.
Page Three
CDBG
The CDBG Year XVII allocation for "Planning and Management" is substantially
committed with respect to planning related projects with the preparation of
the Housing Assistance Plan ($5,800); the CHAS ($5,400); and, the programmed
Scattered Site Strategy ($4,700). As of this time the only allocated funds
available to underwrite the important planning related projects that remain is
20,000 of the Year XVIII (1992) "Planning and Management" line item.
At this time we do -not have a good handle as what the Rehab, Applications
Processing, Geobase, and Physical Constraints Analysis work will total in
cost. Based on prior experience with similar type systems, the Rehabilitation
Grant system alone could absorb the entire $20,000 Year XVIII allocation - a
wise investment even at that price. If we are to complete any of the other
projects before calendar year 1993 I feel we should continue with our
allocation of Senior Site "Program Income" in the full 20% amount allowable
for these activities.
hra /cd /cdbg.11- 14:dh)
November 6, 1991
Ms. Cindy Behnke
Dept. of Housing & Urban
220 South 2nd Street
Minneapolis, MN 55401
a
r
a1.
CITY OF
PUMOUTR
Development
SUBJECT: ELIGIBILITY OF POLICY /PLANNING /MANAGEMENT /CAPACITY BUILDING
ACTIVITIES
Dear Ms. Behnke:
The City of Plymouth is contemplating undertaking several activities that we
believe to be eligible for CDBG funding within the general area of eligibility
of "Planning and Capacity Building " -- subject, of course, to the 20 percent
limitation applicable to such activities. Prior to embarking upon these
activities it is our desire to obtain the concurrence of the Area Office as to
the eligibility of the activities.
The activities that we are now proposing for CDBG funding are as follows:
1. Rehabilitation Grant Processing and Monitoring System. We are proposing
to contract with a computer software consultant to, using an existing
d:Base platform, provide the necessary system analysis /design and software
for a semi - automated processing and monitoring system for rehabilitation
grants. The system will contain all applicant data, inspection
information (interfaced with the "Grid Pad" hand held computers soon to be
in use by the Plymouth Inspection Division); and basic specifications for
the several types of residential rehabilitation work that we have
experienced over the past 17 years and would normally expect to see in the
future.
The system would also contain a word processing file containing "stop
code" versions of the various forms and letters used in the processing and
monitoring of the typical rehabilitation grant.
The various d:Base files represented by the information to be entered in
the system (as noted above) would be linked and semi - automated using the
word processing file link plus the computer system clock /calendar function
to auto generate follow up letters and other forms, reports and
communications that constitute the processing monitoring of several
rehabilitation grant cases concurrently.
The system would also be designed to integrate with the "ARMS" CDBG
program performance reporting system.
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550 -5000
The format for the system will be the existing standard operating
procedures (with some modifications for efficiency purposes) used by the
City of Plymouth for residential rehabilitation responsive to Urban
Hennepin County guidelines. No major changes in this processing/
monitoring system - -which is familiar to HUD - -are anticipated other than
the conversion of the system to a computer based environment.
We anticipate that the rehabilitation grant processing /monitoring system
will be used for the existing CDBG rehabilitation grant monitoring as well
as potential future rehabilitation grants through the HOME program. This
system will benefit program participants (homeowners, the City and HUD).
2. Community Development Program Processing and Monitoring system. The City
of Plymouth continues to be rapidly growing community with 50 or more
separate development proposals in one stage of review or another
concurrently. With such a large volume of activity it is both difficult
to manually monitor application processing progress and to determine the
cumulative impacts of development proposals under consideration, as should
be done. The system here proposed will be a semi - automated data base
constructed on a platform of an existing relational data base software
package. Data files will include an applicant file; a project file; a
processing file; and post approval file. These files will contain
pertinent data and information concerning the application and be
interactive with a word processing file that will, when prompted by the
system calendar, generate periodic reports, forms and letters as required
for the processing and monitoring of development proposals in the City.
The post approval file will continue to monitor the ongoing financial
guarantees and related activities by the City to ensure construction
consistent with approved development plans.
The system will be designed to integrate with the existing City Geobase
and the Building Inspection processing systems.
Systems analysis and design of the software will be undertaken by a
consultant under contract to the City of Plymouth.
3. Geobase Editing /Enhancement. The City of Plymouth owns a 20,000 parcel
non - digitized Geobase, resident on the City's Unisys mainframe computer.
The fields of the Geobase are systematically updated with changes
resulting from the several City actions involving property that will
result in change in status -- including the land area of individual land
parcels.
Several thousand parcels existed in the City of Plymouth at the time of
the Geobase creation in the mid- 1980's. While many of those parcels have
since been divided or subject to some other City activity, and therefore
exist in the Geobase with completed record fields, many of those parcels
exiting at the time of Geobase creation continue to exist in the same
status as in the mid- 1980's. In those cases where the Geobase fields are
not complete - -most importantly- -the field of "land area" is not complete.
Many of the most significance analysis functions oftFe— Geobase are
severely hampered by the vacant land area field of those older Geobase
records.
2 -
F,
This project proposal is to contract with the appropriate consultant to,
using appropriate maps that exist and would be supplied by the City,
determine the exact size of all parcels existing in the Geobase where the
land area" field is currently vacant.
My initial thought is that all three activities would fall under 507.205 (b).
My reading of that paragraph is that any activities carried out may be general
and City -wide in nature - -not specifically related to CDBG programs. This
reading would be consistent I believe with the scope Paragraph (a) of the same
section where we are dealing with City -wide comprehensive plans and other
plans not necessarily-related to the CDBG programs, housing, or low income
benefit.
While I have not provided you a detailed description of the programs we are
proposing, I believe I have given you sufficient information for you to gather
the "drift" of what we intend to do. Your early response to our request for
interpretation of eligibility will be sincerely appreciated.
Sincerely,
Charles E. Dillerud
Community Development Director
cc: Milt Dale
hra /cd /behnke:jw)
MM
MINUTES
PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY
NOVEMBER 1, 1991
A meeting of the Plymouth Housing and Redevelopment Authority was called to
order by Chairman Crain in the City Center Council Chambers on November .7,
1991, at 6:30 p.m.
PRESENT: Chairman Crain; Commissioner Ludovissie
ABSENT: Commissioners Palmer and Ricker
STAFF PRESENT: Community Development Director Dillerud, Housing Specialist
Dale, Senior Clerk Typist Hutt, Park & Recreation Director
Blank, and Police Sergeant Rogers.
APPROVAL OF MINUTES:
Approval of the minutes was tabled until the next meeting since there was not
a quorum.
PUBLIC HEARING ON AMENDED CDBG YEAR XVII PROGRAM INCOME ALLOCATION
RECOMMENDATION:
Director Dillerud explained that the return of CDBG funds by the City to
Hennepin County for purchase of the Senior Housing site will create a net of
213,300 "new money" for allocation in CDBG Program Year XVII. This hearing
is,to consider program areas to which these funds should be allocated. Staff
recommends $140,000 be allocated to the construction of the "10th Avenue Park;
30,640 to Scattered Site Housing; and, $42,660 to Planning and Management.
Sergeant Larry Rogers of the Plymouth Police Department discussed the history
which led to his recommendation of a need for a park for residents residing at
the Willow Wood Estates townhouses and elsewhere in this isolated
neighborhood. He stated there are 40 units, with 48 adults and 114 children
living in Willow Wood Estates Section 8 New Construction Project. He cited
numerous problems in that particular area of the City over the last several
years. He believes that a park in that area would provide a place for the
youths to gather and keep them out of trouble.
Chairman Crain opened and closed the Public Hearing since there was no one
present to speak on the issue.
Chairman Crain expressed his concern that this would only help during the
summer months, and questioned what the youths would do during the winter. He
also questioned if the $140,000 is for developing the park and for the cost of
the land.
Director Blank explained there would also be a skating rink for the winter.
He stated that the land is donated by the City and the $140,000 would be
solely for developing the park.
Director Dillerud explained to the Commission that since Plymouth is now an
Entitlement City they are eligible to allocate CDBG funds towards the park
since it is considered under the principle of "Low /Moderate Income Area
Benefit ".
k
1
Page Two
HRA Minutes
11 -7 -91
Commissioner Ludovissie questioned why the use of CDBG funds and not Park
Dedication Fees.
Director Blank stated that there is money available in the park dedication
fees fund, but it is getting low. Use of the CDBG funds will accelerate the
timetable for this park.
Chairman Crain recommended that the Commission allocate the $140,000 for the
construction of the 10th Avenue neighborhood park; Commissioner Ludovissie
agreed.
Chairman Crain asked Director Dillerud why the $42,660 is recommend by staff
for CDBG Program Planning and Management. He stated he would rather see
another $40,000 in Scattered Site Housing.
Director Dillerud explained to the Commission that you are allowed to allocate
20% of the total funds for Program Management and Planning. He stated he
would go into more detail of the $42,660 at the budget meeting for HRA.
Chairman Crain requested that the remainder of the $213,300 allocation, i.e.
73,300 be tabled until such time that they can go into more detailed
discussion; Commissioner Ludovissie concurred.
REVIEW OF THE SENIOR CITIZEN HOUSING CONCEPT PLAN AND STRATEGY FOR NOVEMBER
Director 'llerud asked the Commissioners how they would like to organize the
Public Informa,ional Meeting on November 14, 1991.
Chairman Crain re nded with the following items to be addressed at the
meeting: brief backg nd; market analysis; financial implications; concept
design, location map; in ation on senior housing in surrounding cities;
time frame and services /amen 'es. He suggested that questions and comments
be allowed throughout; and writt comments be solicited.
Director Dillerud asked Commissione—ft, what they believe should happen
regarding senior housing after the Novembe 4 meeting.
Chairman Crain stated it would depend on what t hear from the citizens at
the meeting.
Commissioner Ludovissie stated he would like to keep the entum for senior
housing going until some conclusion is reached.
FAMILY SELF - SUFFICIENCY INCENTIVE AWARDS FOR SECTION 8 CERT
Housing Specialist Dale explained this was an informational item for
Commissioners.
2
11
1
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: November 4, 1991 For Housing and Redevelopment Authority Meeting
of November 7, 1991
TO: Charles E. Dillerud, Executive Director
FROM: Housing Specialist Milt Dale wtr-
SUBJECT: ALLOCATION OF PROGRAM INCOME FROM SALE OF THE SENIOR HOUSING SITE
ACTION REQUESTED: Adopt the attached resolution providing for
allocation of program revenue to Entitlement Year XVII resulting from
sale of the Senior Housing Site.
BACKGROUND:
On June 3, 1991 the City Council adopted a motion authorizing the Mayor and
City Manager to complete the process for the City to acquire the Senior Site
from the HRA. Implicit within that direction is the concurrent action of
returning the net Community Development Block Grant funding previously
received for acquisition of the Senior Site to Urban Hennepin County,
consistent with the terms of the agreement between the County and the City
regarding such activities. Urban Hennepin County has- the option of
retaining the returned program funds for redistribution among all Urban
Hennepin County program participants, or permitting Plymouth to allocate
those program funds for other eligible CDBG activities.
Since the June action by the City Council, several actions preparatory to
the return of CDBG funds to Urban County have been completed. Among these
has been the reappraisal and concurrence by Urban Hennepin County in the
current value of the senior citizen site. That value has been established
and concurred by the County at $237,000.
It
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Page Two
CDBG
This is a reduction in value from the $360,000 originally paid for the
senior site that is reflective of the depressed real estate market that
currently exists. The reduction in value is beyond the control of the City
of Plymouth and therefore, the current value will be the basis for the
return of CDBG program funds to Ur a n Hennepin County.
PRIMARY ISSUES AND ANALYSIS:
Urban Hennepin County has agreed to allow the City of Plymouth to reprogram
net CDBG program funds represented by the return of CDBG grant monies from
the senior site. The net amount available to the City of Plymouth for
reprogramming (after deduction of the Hennepin County administrative fee of
10 %) is $213,300. I recommend reallocation of those net funds as follows:
1. Construction of the 10th Avenue neighborhood park $140,000
2. CDBG Program Planning and Management $ 42,660
3. Scattered Site Homeownership $ 30,640
TOTAL $ 213,300
I recommend the bulk of the program funds be allocated to the construction
of a new neighborhood park near the intersection of South Shore Drive and
ne-w 10th Avenue North. Construction of this neighborhood park has been
approved by the City Council as recommended by the Park and Recreation
Advisory Commission. The park specifically focuses on providing an actiity
center for the youth of this neighborhood who are otherwise cutoff from park
facilities by Medicine Lake and several thoroughfare streets in the
neighborhood. The initiative to construct this park facility came through
the Public Safety Department. Sergeant Larry Rogers will be available at
the Housing and Redevelopment Authority meeting to review with the
Commissioners the history leading to the recommendation that a neighborhood
park be constructed at this location in a response to a specific Public
Safety Department concern.
Facilities such as. neighborhood parks are only eligible for CDBG funding
under particular circumstances. Since Plymouth has become an Entitlement
community, portions of four census tracts of our community (representing the
lowest quartile in the 1980 Census family income) are eligible for
expenditure of the CDBG funds on public facilities to serve those
neighborhoods under the principle of "Low /Moderate Income Area Benefit ".
The portion of Census Tract 265 in which the park is to be constructed is
one of those areas eligible for low /moderate income area benefit, and
therefore the construction of the park is an eligible CDBG expenditure.
I recommend the balance of the reallocated program funds be expended on
general planning and program management activities and the Scattered Site
Homeownership Program. In both cases funds will be added to existing
program line items.
I
Page Three
CDBG
CONCLUSIONS AND RECOMMENDATIONS:
Following the Public Hearing, I recommend adoption of the attached
resolution which provides for the allocation of program income resulting
from the return of CDBG program funds previously allocated for acquisition
of the Senior Housing Site.
ATTACHMENTS:
1. Resolution Approving Allocation of CDBG Program Funds
2. City Council Minutes of June 3, 1991.
hra /cd /cdbg.11 -7:dh)
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: November 26, 1991, For City Council Meeting, December 2, 1991
TO: James G. Willis, City Manager
FROM: Dale E. Hahn, Finance Director)"
SUBJECT: AUTHORIZATION TO CALL VARIOUS OUTSTANDING BONDS
7- K
ACTION REQUESTED: Approve the attached resolutions authorizing the Finance
Director to call various outstanding bonds.
BACKGROUND: Five of the City's bond issues have outstanding bonds that can be
paid off early starting February 1, 1992. These bond issues have outstanding
coupons paying 7.60 to 9.00Z interest. With the current interest rates for
City investments between 4.50 and 5.00X, I believe it would be in the best
interest of the City to use currently available funds within the respective
bond sinking funds for paying off these issues.
One of the proposed issues, the 1980 Park Improvement Bond, is repaid annually
through special property tax levies. Therefore, no funds are currently on
hand for repayment of these bonds, but I am proposing to advance funds from
Utility Trunk Fund for repayment. A resolution is included to formally
establish this interfund liability. By so doing, the City's investment pool
will realize higher rates of return on its investments. Shown below is a
schedule of the various bond issues proposed to be called:
Coupon
Bond Issue Interest
1980 Park Bonds 7.60 -8.002
1980 S/A Bonds 7.60 -8.00Z
1984 S/A Bonds 8.40 -9.00Z
1985 S/A Bonds 8.00 -8.752
Amount Call
Callable Date
1,250,000 2/1/92
300,000 3/1/92
325,000 4/1/92
3,650,000 4/1/92
5,525,000
In addition to improving the City's investment return, it would also improve
the City's financial condition as rated by Moody's Investors Service. Moody's
Investors Service ratings are heavily influenced by the amount of the City's
outstanding debt, and reducing this debt would be a very positive step.
RECOMMENDATIONS AND CONCLUSIONS: To best utilize the City's available
resources for investment purposes and to strengthen the City's bond rating, I
recommend City Council adopt the attached resolutions calling the various
outstanding bonds and formally establish the interfund liability. Resolutions
are attached for City Council consideration.
Extract of Minutes of Meeting of the
City Council of the City of Plymouth,
Hennepin County, Minnesota
Pursuant to due call and notice thereof, a regular meeting of the Council
of the City of Plymouth, Minnesota, was duly held in the City Hall in the City
of Plymouth, on A, , 19_, commencing at _.m.
The following members were present:
and the following were absent:
r • ,r
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION PROVIDING FOR THE PREPAYMENT AND
REDEMPTION OF CERTAIN OUTSTANDING
GENERAL OBLIGATION BONDS OF THE CITY
BE IT RESOLVED By the City Council of the City of Plymouth, Hennepin
County, Minnesota, as follows:
1. The City has issued and sold the following issues of general
obligation improvement bonds pursuant to Minnesota Statutes, Chapter 429:
Final
Original Date of Balance Next Mbsity
Amount Bonds Outstanding Call Date Date
5,900,000 9/1/1980 390,000 3/1/1992 3/1/1996
4,900,000 4/1/1984 825,000 4/1/1992 4/1/1994
8,900,000 4/1/1985 4,900,000 4/1/1992 4/1/1995
DJK24866
PL100 -119
s
the various issues of bonds described above are sometimes referred to in this
resolution as "the Bonds" or "the Series of Bonds").
2. It is determined that it is in the best interests of the sound
financial management of the City that each series of Bonds be redeemed and
prepaid on the next ensuing call date and each Series of Bonds are called for
redemption and prepayment on their respective next ensuing call date.
3. The Clerk is authorized and directed to publish, in accordance with
law, a notice of call for redemption of the Bonds in the form attached hereto as
Exhibits A through C inclusive and to mail a copy of the notice to the paying
agent or registrar for each Series of Bonds and to the original purchaser of each
Series of Bonds.
The motion for the adoption of the foregoing resolution was duly seconded
by Member
in favor thereof:
and upon vote being taken thereon, the following voted
and the following voted against:
whereupon said resolution was declared duly passed and adopted.
DJK24866
PL100 -119
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) SS.
CITY OF PLYMOUTH )
I, the undersigned, being the duly qualified and acting Clerk of the City
of Plymouth, Minnesota, do hereby certify that I have carefully compared the
attached and foregoing extract of minutes of a regular meeting of the City
Council held on 19_, with the original thereof
on file in my office and the same is a full, true and complete transcript
therefrom insofar as the same relates to the prepayment and redemption of Various
General Obligation Bonds of the City.
day of
WITNESS My hand as City Clerk and the corporate seal of the City this
SEAL)
DJK24866
PL100 -119
19_
City Clerk
City of Plymouth, Minnesota
M
EXHIBIT A
NOTICE OF CALL FOR REDEMPTION
5,900,000 GENERAL OBLIGATION IMPROVEMENT
BONDS OF 1980
CITY OF PLYMOUTH, MINNESOTA
Notice is hereby given that by order of the City Council of the City of
Plymouth, Minnesota, there have been called for redemption and prepayment on
MARCH 1, 1992
all outstanding Bonds of the City designated as General Obligation Improvement
Bonds of 1980, dated September 1, 1980, and having stated maturity dates of March
1 in the years 1993 through 1996, both inclusive, totaling $300,000 in principal
amount and bearing serial numbers 1121 to 1180, both inclusive, and with CUSIP
numbers as shown below:
Year of Maturity CUSIP
1993 729773 PT2
1994 729773 PU9
1995 729773 PV7
1996 729773 PW5
The Bonds are being called at a price of par plus accrued interest to March 1,
1992 on which date all interest on the Bonds will cease to accrue. Holders of
the Bonds hereby called for redemption are requested to present their Bonds for
payment with coupons attached at Norwest Bank Minnesota, National Association
successor to Northwestern National Bank of Minneapolis), paying agent, in the
City of Minneapolis, Minnesota, on or before March 1, 1992.
Bondholders presenting Bonds and coupons for payment must include their taxpayer
identification number to award withholding under the Interest and Dividend
Compliance Act.
BY ORDER OF THE CITY COUNCIL
s/ Laurie Rauenhorst
City Clerk
DJX24866
PL100 -119
EXHIBIT B
NOTICE OF CALL FOR REDEMPTION
4,900,000 GENERAL OBLIGATION IMPROVEMENT
BONDS OF 1984
CITY OF PLYMOUTH, MINNESOTA
Notice is hereby given that by order of the City Council of the City of
Plymouth, Minnesota, there have been called for redemption and prepayment on
APRIL 1, 1992
all outstanding Bonds of the City designated as General Obligation Improvement
Bonds of 1984, dated April 1, 1984, and having stated maturity dates of April 1
in the years 1993 and 1994, totaling $325,000 in principal amount and with CUSIP
numbers as shown below:
Year of Maturity
1993
1994
CUSIP
729773 SC6
729773 SE2
The Bonds are being called at a price of par plus accrued interest to April 1,
1992 on which date all interest on the Bonds will cease to accrue. Holders of
the Bonds hereby called for redemption are requested to present their Bonds for
payment at Norwest Bank Minnesota, National Association (successor to
Northwestern National Bank of Minneapolis), paying agent, in the City of
Minneapolis, Minnesota, on or before April 1, 1992.
Bondholders presenting Bonds and coupons for payment must include their taxpayer
identification number to award withholding under the Interest and Dividend
Compliance Act.
BY ORDER OF THE CITY COUNCIL
s/ Laurie Rauenhorst
City Clerk
DJK24866
PL100 -119
EXHIBIT C
NOTICE OF CALL FOR REDEMPTION
8,900,000 GENERAL OBLIGATION IMPROVEMENT
BONDS OF 1985
CITY OF PLYMOUTH, MINNESOTA
Notice is hereby given that by order of the City Council of the City of
Plymouth, Minnesota, there have been called for redemption and prepayment on
APRIL 1, 1992
all outstanding Bonds of the City designated as General Obligation Improvement
Bonds of 1985, dated April 1, 1985, and having stated maturity dates of April 1
in the years 1993 through 1995, both inclusive, totaling $3,650,000 in principal
amount and with CUSIP numbers as shown below:
Year of Maturity CUSIP
1993 729773 SN2
1994 729773 SP7
1995 729773 SQ3
The Bonds are being called at a price of par plus accrued interest to April 1,
1992 on which date all interest on the Bonds will cease to accrue. Holders of
the Bonds hereby called for redemption are requested to present their Bonds for
payment at Norwest Bank Minnesota, National Association (successor to
Northwestern National Bank of Minneapolis), paying agent, in the City of
Minneapolis, Minnesota, on or before April 1, 1992.
Bondholders presenting Bonds and coupons for payment must include their taxpayer
identification number to award withholding under the Interest and Dividend
Compliance Act.
BY ORDER OF THE CITY COUNCIL
s/ Laurie Rauenhorst
City Clerk
DJK24866
PL100 -119
RESOLUTION NO.
RESOLUTION RELATING TO GENERAL OBLIGATION
PARK IMPROVEMENT BONDS OF 1980: CALLING
BONDS FOR REDEMPTION AND PREPAYMENT:
AUTHORIZING THE ISSUANCE AND SALE
OF GENERAL OBLIGATION REFUNDING BOND
SPECIAL SERIES 1992)
BE IT RESOLVED By the City Council of the City of Plymouth, Minnesota
City):
Section 1. Background: Findings.
1.01. The City has issued and sold its $2,950,000 General Obligation Park
Improvement Bonds of 1980 (Prior Bonds), dated May 1, 1980. The Prior Bonds
mature serially on February 1, in the years 1992 through 1996, both inclusive. The
outstanding balance of the Prior Bonds is $1,500,000. The Prior Bonds may be called
for prepayment and redemption on February 1, 1992 (Call Date) and on any interest
payment date thereafter.
1.02. It is found and determined that there are on hand in City Fund
Utility Fund) adequate monies that can be made available to provide funds to redeem
and prepay the Prior Bonds on the Call Date.
1.03. Pursuant to the Section 475.61, Subdivision 1 Act the resolution
awarding the sale of the Prior Bonds levied ad valorem taxes (Taxes) on all taxable
property in the City to pay when due the principal of and interest on the Prior
Bonds. Section 475.61, Subdivision 4 of the Act authorizes the City to use the
proceeds of the Taxes to repay advances made by other City funds used for
payments of principal of and interest on bonds for which the Taxes were levied.
1.04. It is further found and determined that pursuant to Section 475.67 of
the Act that the City may issue and sell its general obligation refunding bonds and
that pursuant to Minnesota Statutes 471.56, such refunding bonds are a proper
investment for available City funds.
1.05. It is further found and determined that it is in the best financial
interests of the City and its sound financial management that:
a) the Prior Bonds be called for redemption on the Call Date;
b) funds to redeem and prepay the Prior Bonds be made available form
City Fund No. ;
c) the City issue and sell its General Obligation Refunding Bonds (Special
Series 1992) (Refunding Bond) to refund the Prior Bonds; and
d) City Fund No. purchase the Refunding Bonds.
DJK24877
PL100 -119
Sec. 2. Authorization: Directions.
2.01 The Prior Bonds are called for redemption and prepayment on February
1, 1992. The Clerk is authorized and directed to publish the Notice of Call in
substantially the form attached hereto as Exhibit A and to send copies of the notice
to the paying agent for the Prior Bonds and to the Original Purchaser of the Prior
Bonds.
2.02. The City will issue and sell the Refunding Bonds to City Fund No.
at a price of par. The Refunding Bonds will be a single typewritten bond in
substantially the following form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF PLYMOUTH, MINNESOTA
GENERAL OBLIGATION REFUNDING BOND
SPECIAL SERIES 1992)
The City of Plymouth, Minnesota (City) acknowledges itself to be indebted and
for value received promises to pay to the City Fund the principal amount of
on February 1, 1996, and to pay interest on the unpaid installment
amounts on February 1 of each year commencing on February 1, 1993, at the rate of
per annum, all principal and interest payable at the office of the City Finance
Director. This bond is subject to prepayment in whole or in part on any date at a
price of par plus accrued interest to date of redemption.
This bond is issued pursuant to a resolution of the City Council adopted on
1991 (Resolution) for the purpose of (i) refunding a portion of the
principal amount of certain general obligation bonds of the City (more fully described
in the Resolution) which have been issued by the City to finance all or a portion of
the costs of park improvements constructed by the City and is payable primarily
from ad valorem tax levies, and (ii) to repay advances from City Fund made
by the City to pay principal and interest on the obligations described in the
Resolution. The City Council in and by the Resolution has made provision for the
payment of the obligations described in the Resolution and has estimated that the
primary source of payment for this bond is sufficient to pay when due the principal
of and interest on this bond. The full faith, credit and taxing powers of the City are
pledged in and by the Resolution to the payment of this bond.
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 preformed preliminary to and
int he 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.
DJX24877
PL100 -119
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
signatures of the Mayor and City manager and has caused this Bond to be dated as
of the date set forth below.
Dated:
CITY OF PLYMOUTH, MINNESOTA
City Manager Mayor
2.03. The Refunding Bond is to be executed by the manual signature of the
Mayor and the City Manager.
2.04. The Refunding Bond is payable from the proceeds of the Taxes. The
Taxes are pledged a special account in City Fund hereby designated as the
Special Series 1992 Debt Service Fund for the Refunding Bond. If any payment of
principal or interest on the Refunding Bond becomes due and payable when there is
not sufficient monies in the Special Series 1992 Debt Service Fund to pay the sum the
Finance Director must pay such principal and interest from the general fund of the
City and the agreed fund may be reimbursed for such payments form ad valorem
taxes levied for that purpose or from other revenues properly available to the City
for that purpose.
2.05. It is determined that the estimated collection of the Taxes will produce
at least 105% of the amount needed to pay the principal of and interest on the
Refunding Bond as the same becomes due and that no tax levy is needed at this time.
2.06. The 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 Section 475.63 of the Act.
Mayor
Attest:
City Clerk
DJX24877
PL100 -119
EXHIBIT A
NOTICE OF CALL FOR REDEMPTION
2,950,000 GENERAL OBLIGATION PARK
IMPROVEMENT BONDS OF 1980
CITY OF PLYMOUTH, MINNESOTA
Notice is hereby given that by order of the City Council of the City of
Plymouth, Minnesota, there have been called for redemption and prepayment on
FEBRUARY 1, 1992
all outstanding Bonds of the City designated as General Obligation Park Improvement
Bonds of 1980, dated May 1, 1980, and having stated maturity dates of February 1
in the years 1993 through 1996, both inclusive, totaling $1,250,000 in principal
amount, bearing serial numbers 341 to 590, both inclusive, and with CUSIP numbers
as shown below:
Year of Maturity CUSIP
1993 729773 PC9
1994 729773 PD7
1995 729773 PE5
1996 729773 PF2
The Bonds are being called at a price of par plus accrued interest to February 1,
1992, on which date all interest on the Bonds will cease to accrue. Holders of the
Bonds hereby called for redemption are requested to present their Bonds for
payment with coupons attached at Norwest Bank Minnesota, National Association
successor to Northwestern National Bank of Minneapolis), paying agent, in the City
of Minneapolis, Minnesota, on or before February 1, 1992.
Bondholders presenting Bonds and coupons for payment must include their taxpayer
identification number to award withholding under the 'Interest and Dividend
Compliance Act.
BY ORDER OF THE CITY COUNCIL
Laurie Rauenhorst
City -Clerk
DJK24877
PL100 -119
STATE OF MINNESOTA
COUNTY OF HENNEPIN
DIRECTOR OF PROPERTY
TAXATION'S CERTIFICATE AS
TO REGISTRATION WHERE NO
AD VALOREM TAX LEVY
I, the undersigned Director of Property Taxation of Hennepin County,
Minnesota, hereby certify that a resolution adopted by the City Council of the City
of Plymouth, Minnesota, on , 1991, relating to General Obligation
Park Improvement Bonds of 1980 in the amount of $2,950,000, dated May 1, 1980, has
been filed in my office and said obligations have been registered on the register of
obligations in my office.
WITNESS My hand and official seal this
SEAL)
DJK24877
PL100 -119
day of 1919.
Director of Property Taxation
Hennepin County, Minnesota
By.
Deputy
4?'j
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: November 18, 1991 for Council Meeting of December 2,
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
RESOLUTION NO. 91-
APPROVING 1991/1992 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 December 2, 1991 through December 31, 1992.
Kenneth R. Streeter
Star Liquors
4190 Vinewood Lane North, #102
Plymouth, MN 55441
Adopted by the City Council on December 2, 1991.
ILI
MEMO *l- M
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: November 25, 1991 for Council Meeting of December 2, 119991
TO: James G. Willis, City Manager, through Fred G. Moore, Director of
Public Works
FROM: John R. Sweeney, Assistant Engineer
SUBJECT: BOND REDUCTION
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. Zachary Heights Addition (88042)
2. Bay Pointe on Mooney Lake Addition (89005)
3. Churchill Farms Addition (90009)
4. Curtis Lake Addition (90105)
5. Ridgecrest 2nd Addition (A -774)
6. Ridgecrest 3rd Addition (A -774)
7. Fawn Creek Addition (90022)
8. Kings North Addition (86068)
R. Sweeney
JRS:do
attachment: Resol
CITY OF PLYMOUTH
RESOLUTION NO. 91-
REDUCING DEVELOPMENT BOND
ZACHARY HEIGHTS ADDITION (88042)
WHEREAS, in accordance with the development contract dated January 23, 1989 the Graham
Development Co. developer of Zachary Heights Addition (88042) 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:
Street Construction
Concrete Curb and Gutter
Sanitary Sewer
Watermain
Storm Sewer
Boulevard & Drainage
Swale Sod
Pond or Ditch Construction
Street Signs
Park and Trail Improvements
Site Grading & Drainage Improvements
Design, Administration,
Inspection, As- Builts
ORIGINAL TOTAL
Project 00
ORIGINAL AMOUNT
Private
3)
Original
Total
0- 53,330 0- 53,330
8,636 0- 0- 8,636
0- 52,908 0- 52,908
0- 36,559 0- 36,559
0- 28,545 0- 28,545
0- 0- 3,200 3,200
0- 0- 0- 0-
0- 300 0- 300
0- 0- 0- 0-
Grading Permit No. 18491 issued)
0-
8,636
20.597
192,239
384
3,584
20.981
204,459
Does not include the cost of the 12" watermain in Schmidt Lake Road that is to be
reimbursed to the developer.
1) Public Improvement Project No. 705 - City to own and /or maintain after development
complete.
2) Developer Improvements. City to own and maintain after development complete.
3) Private - Property owner and /or property owner's association to maintain after
development completed.
4
ZACHARY HEIGHTS ADDITION (88042)
Resolution No. 91-
Page Two
M
Street Construction
Concrete Curb and Gutter
Sanitary Sewer
Watermain
Storm Sewer
Boulevard & Drainage
Swale Sod
Pond or Ditch Construction
Street Signs
Park and Trail Improvements
Site Grading & Drainage Improvements
Design, Administration,
Inspection, As- Builts
ORIGINAL TOTAL
X.•
Project (
1) (3)
New
Public cisPubl Private Total
0- $ 1,000 0- $ 1,000
8,636 0- 0- 0-
0- 0- 0- 0-
0- 0- 0- 0-
0- 0- 0- 0-
0- 0- 2,000 2,000
0- 0- 0- 0-
0- 0- 0- 0-
0- 0- 0- 0-
Grading Permit No. 1849 issued)
8,636 $ 1,120 $ 2,240 $ 3,360
That the letter of credit required for the above items be reduced as detailed above
from $9,666 to $1,120 to reflect the completed work on the public improvements
excluding Project No. 705 which is being reduced to $0 (zero) and be reduced from
2,912, to $2,240 to reflect the completed work on the private improvements.
FURTHER BE IT RESOLVED that the street construction and concrete curb and gutter is
accepted for continual maintenance as of December 2, 1991 subject to the One Year
Guarantee by the developer.
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:
Maintenance of Erosion and
Sediment Control Plan,
Street Sweeping and Storm
Sewer Cleaning (Grading Permit No 18491
Issued) Cash:
Letter of Credit:
0- $ -0-
0- $ -0-
In lieu of the required maintenance bond the developer has agreed to post a financial
guarantee in the amount of $1,000 to insure the street construction and concrete curb
and gutter for the required one year guarantee period.
Adopted by the City Council on December 2, 1991.
CITY OF PLYMOUTH
RESOLUTION NO. 91-
REDUCING DEVELOPMENT BOND
BAY POINTE ON MOONEY LAKE ADDITION (89005)
WHEREAS, in accordance with the development contract dated February 26, 1990, and
revised October 1, 1990, Lundgren Brothers Construction, Inc., developer of Bay Pointe
on Mooney Lake (89005), 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
Sanitary Sewer
Watermain
Storm Sewer
Boulevard and Drainage Swale Sod
Dock and Boat Rack
Street Signs
Site Grading and Drainage Improvements
Park and Trail Improvements
Building Demolition
Design, Administration, Inspection, As- Builts
TOTAL
R) 1.4 ;Vo \ :VI I aq
170,700 0-
79,800 0-
72,500 0-
64,600 0-
9,700 7,500
2,600 0-
450 0-
188,400 0-
16,000 0-
10,500
73.830
0-
900
689,080 8,400
That the letter of credit required for the above items be reduced as detailed above
from $54,645 to $8,400 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:
Maintenance of Erosion
and Sediment Control Plan
Street Sweeping and Storm
Sewer Cleaning
Cash:
Letter of Credit:
1,000 $ 1,000
47,400 $11,850
FURTHER BE IT RESOLVED also that the street construction and concrete curb and gutter
is accepted for continual maintenance as of December 2, 1991 subject to the two year
guarantee by the developer.
Adopted by the City Council on December 2, 1991
1
CITY OF PLYMOUTH
RESOLUTION NO. 91-
REDUCING DEVELOPMENT BOND
CHURCHILL FARMS ADDITION (90009)
WHEREAS, in accordance with the development contract dated June 14, 1991, Lundgren
Brothers Construction, Inc., developer of Churchill Farms Addition (90009), 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:
ITEM
Street Construction
Co. Rd. 24 Turn Lane
Sanitary Sewer
Watermain
Storm Sewer (Does Not Include Proj. No. 016)
Boulevard and Drainage Swale Sod
Pond or Ditch Construction
Street Signs
S }te Grading and Drainage Improvements
Park and Trail Improvements
Design, Administration, Inspection, As- Builts
TOTAL
ORIGINAL AMOUNT NEW AMOUNT
136,500 35,000
19,980 1,980
84,700 0-
67,000 0-
53,600 0-
8,000 8,000
0- 0-
750 750
114,900 23,000
5,500 5,500
58.912 8.670
549,842 $ 82,900
That the letter of credit required for the above items be reduced as detailed above
from $262,964 to $82,900 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:
vs
Maintenance of Erosion
and Sediment Control Plan
Street Sweeping and Storm
Sewer Cleaning
Cash:
Letter of Credit:
ORIGINAL AMOUNT NEW AMOUNT
1,000 $1,000
27,400 $13,700
FURTHER BE IT RESOLVED that the sanitary sewer, watermain, and storm sewer construction
is accepted for continual maintenance as of December 2, 1991 subject to the Two Year
Guarantee by the Developer.
Adopted by the City Council on December 2, 1991
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
MO mvilnyq
83,500 $ 17,700
66,000 0-
59,000 0-
50,000 0-
10,000 10,000
0- 0-
600 600
65,000 13,000
0-
40.092
0-
4.956
374,192 $ 46,256
That the letter of credit required for the above items be reduced as detailed above
from $113,030 to $46,256 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:
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-
FURTHER BE IT RESOLVED that the sanitary sewer, watermain, and storm sewer construction
for Phase I only is accepted for continual maintenance as of December 2, 1991 subject
to the Two Year Guarantee for Phase I by the Developer per Bond No. 54- 55003.
Adopted by the City Council on December 2, 1991
I
lI
RESOLUTION NO. 91-
REDUCING DEVELOPMENT BOND
RIDGECREST 2ND ADDITION (A -774)
WHEREAS, in accordance with the development contract dated February 5, 1982, Nick M.
Loscheider Construction, Inc., developer of Ridgecrest 2nd Addition (A -774), 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
Sanitary Sewer
Watermain
Storm Sewer
Boulevard and Drainage Swale Sod
Pond or Ditch Construction
Street Signs
Street Sweeping and Storm Sewer Cleaning
Park and Trail Improvements
Site Grading and Drainage Improvements
Maintenance of Erosion & Sediment Control Plan
Design, Administration, Inspection, As- Builts
TOTAL
0- 0-
0- 0-
0- 0-
0- 0-
2,400 0-
500 0-
0- 0-
1,000 0-
0- 0-
0- 0-
1,000 0-
588 Q
5,488 0-
That the letter of credit be reduced from $2,600 to $0 (zero) to reflect the completed
work. The developer has previously placed funds in a savings account assigned to the
city. The remaining funds shall be returned to the developer forthwith.
Adopted by the City Council on December 2, 1991
RESOLUTION NO. 91-
REDUCING DEVELOPMENT BOND
RIDGECREST 3RD ADDITION (A -774)
WHEREAS, in accordance with the development contract dated March 27, 1984, Nick M.
Loscheider Construction, Inc., developer of Ridgecrest 3rd Addition (A -774), 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:
K54
Street Construction
Sanitary Sewer
Watermain
Storm Sewer
Boulevard and Drainage Swale Sod
Pond or Ditch Construction
Street Sweeping and Storm Sewer Cleaning
Street Signs
Site Grading and Drainage Improvements
Park and Trail Improvements
Maintenance of Erosion & Sediment Control Plan
Design, Administration, Inspection, As- Builts
TOTAL
0- 0-
0- 0-
0- 0-
0- 0-
2,800 0-
0- 0-
1,000 0-
0- 0-
0- 0-
0- 0-
1,000
576
0-
0-
5,376 0-
That the letter of credit required for the above items be reduced as detailed above
from $5,376 to $0 (zero) to reflect the completed work. Letter of Credit No. 364 is
hereby reduced accordingly and will be returned by the Finance Department.
Adopted by the City Council on December 2, 1991
I
CITY OF PLYMOUTH
RESOLUTION NO. 91-
REDUCING DEVELOPMENT BOND
FAWN CREEK ADDITION (90022)
WHEREAS, in accordance with the development contract dated September 24, 1990, Dennis
E. Arne and Ferne E. Arne, developers of Fawn Creek Addition (90022), have 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
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
119,600 23,920
77,700 0-
69,700 0-
71,400 0-
7,000 6,000
0- 0-
300 0-
52,300 0-
0-
47.760
0-
3.590
445,760 $ 33,510
That the letter of credit required for the above items remain at $33,510 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:
Maintenance of Erosion
and Sediment Control Plan
Street Sweeping and Storm
Sewer Cleaning
Cash:
Letter of Credit:
See Grading Permit No. 26689
Adopted by the City Council on December 2, 1991
1,000* $ 1,000*
20,000* $ -0 -*
CITY OF PLYMOUTH
RESOLUTION NO. 91-
REDUCING DEVELOPMENT BOND
KINGS NORTH ADDITION (86068)
WHEREAS, in accordance with the development contract dated February 5, 1987, Kings
North Corporation, developer of Kings North Addition (86068), 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:
ITEM
Street Construction
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
ORIGINAL AMOUNT NEW AMOUNT
91,019 0-
73,168 0-
67,407 0-
48,796 0-
8,400 0-
0- 0-
750 0-
97,046 0-
0- 0-
46.390 0-
432,976 $ -0-
That the letter of credit required for the above items be reduced as detailed above
from $2,688 to $0 (zero) 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
Maintenance of Erosion
and Sediment Control Plan
Street Sweeping and Storm
Sewer Cleaning Cash:
Letter of Credit:
ORIGINAL AMOUNT NEW AMOUNT
1,000 $ -0-
32,260 $ -0-
FURTHER BE IT RESOLVED that the letter of credit (No. 119R) for the above items is
reduced from $4,000 to $0 (zero) and the $1,000 cash deposit is reduced to $0 (zero)
contingent upon the payment by the developer of an unpaid invoice in the amount of
435.
Adopted by the City Council on December 2, 1991
MEMO #'_/V- 1
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: November 22, 1991 for City Council Meeting of December 2, 1991
TO: James G. Willis, City Manager through Fred G. Moore, Director of
Public Works
FROM: Daniel L. Faulkner, City Engineer
SUBJECT: ORDER PUBLIC HEARING FOR JANUARY 6, 1992
TO VACATE A PORTION OF GARLAND LANE WITHIN
LOTS 10 AND 11, BLOCK 1, PLYMOUTH MEADOWS ADDITION
ACTION REQUESTED: Set public hearing for January 6, 1992 at 7:00 p.m.
to consider the vacation of a portion of Garland Lane within Lots 10 and
11, Block 1, Plymouth Meadows Addition.
BACKGROUND: Mr. Hans Hagen of Hans Hagen Homes has submitted a petition
requesting the vacation of a portion of Garland Lane street right -of -way
within Lots 10 and 11, Block 1, Plymouth Meadows Addition.
Lots 10 and 11, Block 1, Plymouth Meadows Addition are being replatted into
Lots 1 and 2, Block 8, Seven Ponds Second Addition. The new Garland Lane
right -of -way will be directed towards new Medina Road. The developer will
be required to provide a temporary street easement across Outlot C to Old
County Road 24 until Medina Road is constructed between realigned County
Road 24 and Dunkirk Lane.
RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council adopt
the attached resolution setting the public hearing to consider the vacation
of a portion of Garland Lane as set forth by the legal description shown on
the resolution.
Daniel L. Faulkner, P. E.
DLF:do
attachment: Resolution
Map
Petition
CITY OF PLYMOUTH
RESOLUTION NO. 91-
ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF
A PORTION OF 46TH AVENUE NORTH STREET RIGHT OF WAY
PLYMOUTH MEADOWS ADDITION
WHEREAS, pursuant to M.S.A. 412.851, the developer of Seven Ponds Second
Addition has petitioned the City Council for the vacation of the
following street right -of -way within Plymouth Meadows:
That part of Garland Lane lying north of the easterly
extension of the south line of Lot 10, Block 1, Plymouth
Meadows, 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 January 6, 1992 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.
Adopted by the City Council on December 2, 1991.
NOV -08 -1991 09.24 FROM E.G. RUD & SONS
For: Hans HLgen Homes
Showing portions of street, county road and eascraents
to be vacated in PLMOUTH NEADONS.
TO
P o p ased
I / I '- i.
VASINTNTS TO DE VACATED
The dtaineaa and utility easements on Lots 10 end 11. Block 1, Plymouth ?Jeadovs, Hennepin
County, hinnesota.
CITY STRUT TO 86 VACATED
That part of Cerland Lane lying north* of the easterly extension of the south line of Let
10, Block 1. Plymouth Heedove. Hennepin County, Minnesota.
RECEIV
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flxjl /his n curve or re orl was artdScale 1' = 1 htrcby eer r y t , Y p ! P E. C`. RUD f $ONS INC.
8]k byy mt or V/7: - Iy diradl superv19%on and Mal I am o duly LAND SuQVPY6RSRerslrredload ,Survevor under lid laws o, the Pale, e4 gfFO Lerir fcv, .Ave NM!(ncso/o O
Circle pin4t Mn. 55014
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1 i
November 8, 1991
Mr. Dan Faulkner
CITY OF PLYMOUTH
3400 Plymouth Blvd.
Plymouth-J. , iuv 55447
Re: Seven Ponds Second Addition
Dear Dar.,
The final plat of Seven Ponds Second Addition, approved by the
Mayor and Council, included a notation that Garland Lane is vacated
between existing Garland Lane and existing County Road 24 (adjacent
to Lot 2, Block 8) .
Inadvertently I did not request a Resolution, be approved by th.4
Mayor and Council vacating that portion of Garland Lane. To
correct this error I am requesting that you submit a Resolution to
the Mayor and Council vacating Garland Lane.
Er. ie Rud has prepared a description of the portion of Garland Lane
to be vacated that is consistent with the Seven Ponds Second
Addition final plat. He has also prepared an easement over Outlot
C to provide for access to Garland Lane from existing County Read
24.
If you have any questions, please contact me.
Thank /you .
Cordiially,
P_3ns T. Hagen, Jr.
Pros dent rRICEIVE0r / i1H
941 NE Hillwind Road Suite 300 • Minneapolis, Minnesota 55432 • Fax 612/572 -9417 Phone 612/572 -9455
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: November 25, 1991 for City Council Meeting of December
l2,
1991
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 PUBLIC TRAIL EASEMENT
WITHIN PINE RIDGE AT BASS LAKE ADDITION
ACTION REQUESTED: Set public hearing for January 6, 1992 at 7:00 p.m.
to consider the vacation of a public trail easement within Pine Ridge at
Bass Lake Addition.
BACKGROUND: Mr. Christopher Call of Merila and Associates on behalf of Mr.
Gary Scherber has submitted a petition requesting the vacation of a public
trail easement over Lots 8, 9, 21, and 22 of Block 1, Pine Ridge at Bass
Lake Addition.
The trail was constructed outside of the trail easement recorded with
Hennepin County. The owners of Lots 8, 9, and 22 of Block 1 have granted
new easements and the City has recorded the new easements covering the trail
with Hennepin County. The owner of Lot 21, Block 1 will sign a new easement
document only if the old easement is vacated.
RECOMMENDATIONS AND CONCLUSIONS: I recommend the City Council adopt the
attached resolution setting the public hearing to consider the vacation of a
public trail easement within Lots 8, 9, 21, and 22, Block 1 Pine Ridge at
Bass Lake Addition as set forth by the legal description as shown on the
resolution.
joe
Daniel L. Faulkner, P. E.
DLF:do
attachment: Resolution
Map
Petition
CITY OF PLYMOUTH
RESOLUTION NO. 91-
ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF
A PUBLIC TRAIL WITHIN PINE RIDGE AT BASS LAKE ADDITION
WHEREAS, pursuant to M.S.A. 412.851, the developer of Pine Ridge at Bass
Lake Addition has petitioned the City Council for the vacation of a
public trail easement within Pine Ridge at Bass Lake Addition.
An easement for public trail purposes over and across that
part of Lots 8, 9, 21, and 22 of Block 1, Pine Ridge at Bass
Lake, Hennepin County, Minnesota, lying 5 feet on each side
of the following described centerline; beginning at the
northwest corner of said Lot 21 of Block 1; thence north 70
degrees 28 minute 54 seconds east assumed bearing , 80.00
feet along the northerly line of said Lot 21 to point A;
thence continuing north 70 degrees 28 minutes 54 seconds east
20.00 feet along said line;; thence southeasterly 86.14 feet
on a curve concave to the south with a radius of 67.71 feet
through a central angle of 72 degrees 53 minute 21 seconds;
thence southeasterly 86.33 feet on a curve concave to the
north with a radius of 90.72 feet through a central angel of
54 degrees 31 minutes 24 seconds; thence north 88 degrees 50
minutes 51 seconds east 3.25 feet to point B; thence
continuing north 88 degrees 50 minutes 51 seconds east 170.00
feet to a point on the east line of said Lot 22 of Block 1
and said centerline there terminating. In addition thereto,
said easement to be 10 feet on each side of said centerline
from point A to point B. It is intended to extend or shorten
the side lines of said easement so as to terminate at the lot
lines of said parcels.
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 January 6, 1992 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.
Adopted by the City Council on December 2, 1991.
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October 15, 1991
Mr. Bob Johnson
Engineering Department
City of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Re: Pine Ridge at Bass Lake, Block 1, Lot 21
Merila Project No. 85 -121
Dear Mr. Johnson:
Merila & Associates. Inc.
8401 73rd Avenue Ner;h. Suite 63
Brooklyn Park. TAi inc s:;ia 554:'6 -15 ^F
Te!ephone (6121 533-7595
Fax (612) 533 -1937
I have been in contact with Mr. Steve Deuth of your department regarding the parcel
referenced above. There is currently a city trail constructed on the lot which is outside of
the trail easement recorded with the county. We have drafted a new easement centered on
the existing trail and would like to obtain a vacation of the existing easement over Lot 21,
Block 1 pending the recording of the new easement. The owners of the other three lots
affected by the trail location have already signed new easements.
The developer, Mr. Gary Scherber, has repeatedly tried to contact the owners to have them
sign the new easement. He has been unsuccessful in getting their signatures which may be
due to the owners lack of incentive to sign. I feel that the proposed net reduction of
easement covering their property may be incentive for them to sign the new easement.
I would like to know if the city can prepare a vacation of the existing easement over Lot 21,
Block 1 pending the recording of the new easement. The existing easement was recorded
on July 29, 1987 as Document No. 5322109.
Please call me ut 533.7595 regarding this situation.
Sincerely,
MERILA & ASSOCIATES, INC.
C L--- CZA
Christopher Call
Design Engineer
cc: Steve Deuth, City of Plymouth
Gary Scherber
ENGINEERING SURVEYING PLANNING
OCT 17 r °1
Clip Ce ii/;T puRj '-
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: November 22, 1991 for City Council Meeting of DecembeW2, 1991
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 DRAINAGE AND UTILITY EASEMENTS
AND DRAINAGE FOR PONDING PURPOSES
WITHIN OUTLOTS E AND F, CHURCHILL FARMS ADDITION
ACTION REQUESTED: Set public hearing for January 6, 1992 at 7:00 p.m.
to consider the vacation of drainage and utility easements and drainage
easements for ponding purposes within Outlots E and F, Churchill Farms
Addition.
BACKGROUND: Mr. Michael Pflaum of Lundgren Bros. Construction, Inc. has
submitted a petition requesting the vacation of drainage and utility
easements and drainage easements for ponding purposes within Outlot E and F,
Churchill Farms Addition.
The existing easements are not in the proper location for the Churchill
Farms 2nd Addition Plat. All required easements for drainage and utility
purposes and drainage easements for ponding purposes will be dedicated on
the final plat of Churchill Farms 2nd Addition.
RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council adopt
the attached resolution setting the public hearing to consider the vacation
of drainage and utility easements and drainage easements for ponding
purposes as set forth by the legal description as shown on the resolution.
a-tlj- /
Daniel L. Faulkner, P. E.
DLF:rcj:do
attachment: Resolution
Map
Petition
CITY OF PLYMOUTH
RESOLUTION NO. 91-
ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF
DRAINAGE AND UTILITY EASEMENTS
AND DRAINAGE EASEMENTS FOR PONDING PURPOSES
OUTLOTS E AND F, CHURCHILL FARMS ADDITION
WHEREAS, pursuant to M.S.A. 412.851, Lundgren Bros. Construction, Inc.
has petitioned the City Council for the vacation of the following
drainage and utility easements and drainage easements for ponding
purposes:
The drainage and utility easements and drainage easements for
ponding purposes within Outlots E and F, Churchill Farms
Addition according to the plat thereof on file or of record
in the office of the Registrar of Titles, 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 January 6, 1992 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.
Adopted by the City Council on December 2, 1991.
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LUITGRE11
BROS.
CONSTRUCTION
INC. November 20, 1991
Mr. Robert C. Johnson
Plymouth Sr. Engineering Technician
935 E. Wayzata Blvd. 3400 Plymouth Boulevard
Plymouth, MN 55447
Wayzata
Minnesota 55391
Re: Vacation of Easements in Churchill Farms
612)473 -1231
Dear Bob:
The Drainage Easements for Ponding in Outlots A and B, Churchill
Farms 2nd Addition, are generally expansions upon the Drainage Ease-
ments for Ponding which were created over Outlots E and F, Churchill
Farms.
The attached print is an overlay of the outlot portions of Churchill
Farms 2nd Addition and Churchill Farms. The highlighted areas are
easements in the latter which no longer are needed. All of the other
easements in Outlots E and F, Churchill Farms have been retained or
enlarged upon in the Churchill Farms 2nd Addition plat.
Please accept this letter as Lundgren Bros. Construction's petition
to vacate all of the Drainage and Utility Easements and Drainage
Easements for Ponding in Outlots E and F, Churchill Farms.
Very truly yours,
LUNDGREN BROS. CONSTRUCTION, INC.
Michael A. P laum
enclosure
cc: Gary R. Germond, Sathre - Bergquist, Inc.
J10
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MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
4 1_o_t
DATE: November 22, 1991 for City Council Meeting of December
l2,
1991
TO: James G. Willis, City Manager through Fred G. Moore, Dector of
Public Works
FROM: Daniel L. Faulkner, City Engineer
SUBJECT: ACCEPT PETITION, ORDER PRELIMINARY ENGINEERING REPORT,
RECEIVE REPORT AND ORDER STREET LIGHT PROJECT
BASS CREEK BUSINESS PARK ADDITION
ACTION REQUESTED: Accept petition, order preliminary engineering
report, receive report, order street light project Bass Creek Business
Park Addition.
BACKGROUND: We have received a petition from Opus Corporation and Schneider
U.S.A. for the installation of 34 additional street lights within Bass Creek
Business Park Addition 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:rjcj:do
attachment: Resolution
Petition
Preliminary Engineering Report
Map
CITY OF PLYMOUTH
RESOLUTION NO. 91-
DECLARING ADEQUACY OF PETITION
AND ORDERING PREPARATION OF REPORT
STREET LIGHTING - BASS CREEK BUSINESS PARK ADDITION
WHEREAS, a petition has been received from the developer requesting
installation of ornamental commercial street lighting in the Bass Creek
Business Park 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 Bass Creek
Business Park Addition by the installation of commercial
ornamental street lighting, filed with the City Council on
December 2, 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 1002 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.
Adopted by the City Council on December 2, 1991.
CITY OF PLYMOUTH
RESOLUTION NO. 91-
RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING
BASS CREEK BUSINESS PARK ADDITION
WHEREAS, pursuant to a resolution of the Council adopted December 2, 1991,
a report has been prepared by the City Engineer with reference to the
improvement of Bass Creek Business Park Addition by the installation of
ornamental commercial street lights and this report was received by the
Council on December 2, 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 December 2, 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 Wright- Hennepin Electric
Cooperative Association.
Adopted by the City Council on December 2, 1991.
PRELIMINARY ENGINEERING REPORT
ORNAMENTAL COMMERCIAL STREET LIGHTING SYSTEM
BASS CREEK BUSINESS PARK ADDITION
Attached to this report is a petition received from the developer
and /or property owners of 100X of the property known as Bass Creek Business
Park 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 thirty four (34) lights at a monthly cost of $19.38 per
light for a total cost of $682.72 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 seven lots, which results in an estimated
cost of $120.48 - Lot 1, Block 1; 120.48 - Lot 2, Block 1; $100.40 - Lot 1,
Block 2; $40.16 - Lot 2, Block 2; $60.24 - Lot 3, Block 2; $120.48 - Lot 3,
Block 3; $120.48 - Outlot B.
The rate quoted above is dependent upon the operating cost for
Wright- Hennepin Cooperative Electric Association under contract franchise
with the City of Plymouth.
The lights will be Wright- Hennepin Cooperative Electric Association's
Shoebox fixture 250 W. H.P.S. mounted on a 30 foot steel pole, the wiring
will be underground from the transformer.
The project is feasible and should be undertaken as outlined above.
4"J cz. ZQi1 Reg. No.
Daniel L. Faulkner 19956
Dated: November 22, 1991
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CITY OF PLYMOUTH
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:
BASS CREEK BUSINESS PARK ( 34 LIGHTS )
We do hereby waive our right to public improvement hearings and special assessment
hearings on this improvement.
NAME ADDRESS
w
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I
1i-07 -1991 13:12 612 5505060 CITY OF PLYMOUTH
CITY OF PLYMOUTH
PETITION FOR STREET LIGHTS
Wq, the undersigned, do hereby petition the City of Plymouth, Mayor
for the installation of street lights in the following area:
BASS CREEK BUSINESS PARK ( 10 LIGHTS )
P. 0i
We do hereby waive our right to public improvement hearings and special assessment
hearings on this improvement.
1%.
NAME ADDRESS
5905 Nathan Lane
Anthony ees
Minneapolis, MN 55442
Vice Pres' ent Finance & Administration
MEMO #
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: November 22, 1991 for City Council Meeting of December 2, 1991
TO: James G. Willis, City Manager through Fred G. Moore, Director of
Public Works
FROM: Daniel L. Faulkner, City Engineer
SUBJECT: ACCEPT PETITION, ORDER PRELIMINARY ENGINEERING REPORT, RECEIVE
REPORT AND ORDER STREET LIGHT PROJECT
PARKERS LAKESIDE ADDITION AND RANCHVIEW MANOR ADDITION
QUANTICO LANE CUL -DE -SAC)
ACTION REQUESTED: Accept petition, order preliminary engineering
report, receive report, and order street light project Parkers Lakeside
Addition and Ranchview Manor Addition (Quantico Lane Cul -De -Sac).
BACKGROUND: We have received a petition from Terry Neubauer, Eliot Janke,
Mark Tierney, Joan Bangasser, and Roger Lipelt, for a street light at the
end of the Quantico Lane Cul -De -Sac within Parkers Lakeside Addition and
Ranchview Manor Addition.
The street light requested will be mounted on a wooden pole with a mast arm
light fixture. The power will be overhead and will be extended to the
street light pole from the rear lot line between Lots 720 and 730 Quantico
Lane. Mark Tierney, 720 Quantico Lane and Joan Bangasser, 730 Quantico
Lane, submitted a letter confirming their permission for NSP to trim the
trees as necessary to install the overhead wire.
RECOMMENDATIONS AND CONCLUSIONS: I recommend the City Council adopt the
attached resolution receiving the petition ordering the preliminary
engineering report, receiving the report, and ordering the street light
project.
k 44-ci
Daniel L. Faulkner, P. E.
DLF:rcj:do:
Attachments: Resolutions
Petition
Letter
Preliminary Engineering Report
Map
attachment
CITY OF PLYMOUTH
RESOLUTION NO. 91-
DECLARING ADEQUACY OF PETITION
AND ORDERING PREPARATION OF REPORT
STREET LIGHTING
PARKERS LAKESIDE ADDITION AND RANCHVIEW MANOR ADDITION
QUANTICO LANE CUL -DE -SAC)
WHEREAS, a petition has been received from Terry Neubauer, Eliot Janke,
Mark Tierney, Joan D. Bangasser, Roger Lipelt requesting installation of
a standard overhead street light in the Quantico Lane Cul -De -Sac within
Parkers Lakeside Addition and Ranchview Manor 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
Lakeside Addition and Ranchview Manor Addition by the
installation of a standard overhead street light in the
Quantico Lane Cul -De -Sac, filed with the City Council on
December 2, 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 1002 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.
Adopted by the City Council on December 2, 1991.
n
CITY OF PLYMOUTH
RESOLUTION NO. 91-
RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING
PARKERS LAKESIDE ADDITION AND RANCHVIEW MANOR ADDITION
QUANTICO LANE CUL -DE -SAC)
WHEREAS, pursuant to a resolution of the Council adopted December 2, 1991,
a report has been prepared by the City Engineer with reference to the
improvement of Parkers Lakeside Addition and Ranchview Manor Addition by
the installation of an overhead residential street light in the Quantico
Lane Cul -De -Sac and this report was received by the Council on December 2,
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 abutting the
Quantico Lane Cul -De -Sac named as the location of the
improvement.
2. Such improvement is hereby ordered as proposed in the
Council resolution adopted December 2, 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.
Adopted by the City Council on December 2, 1991.
PRELIMINARY ENGINEERING REPORT
ORNAMENTAL RESIDENTIAL STREET LIGHTING SYSTEM
PARKERS LAKESIDE ADDITION AND RANCHVIEW MANOR ADDITION
QUANTICO LANE CUL -DE -SAC)
Attached to this report is a petition received from the developer
and /or property owners of 1002 of the property abutting the Quantico Lane
Cul -De -Sac street light.
The project consists of the installation of a standard mounted street
light at the end of Quantico Lane as shown on the attached map.
There is one (1) light at a monthly cost of $10.53 per light for a
total cost of $11.03 per month, including contingencies at $.10 per lot.
The project would be billed on a monthly basis to all five lots abutting
the Quantico Lane Cul -De -Sac which results in an estimated cost of $2.11
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 mast arm unit mounted on a wood
pole and the wiring will be overhead from the transformer.
The project is feasible and should be undertaken as outlined above.
da"Y1. Reg. No.
Daniel L. Faulkner 19956
Dated: November 22, 1991
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CITY OF PLYMOUTH
PETITION FOR STREET LIGHTS R 1g91
0
We, the undersigned, do hereby petition the City of Plymouth, MA}L6r -T1- L\
Council for the installation of street lights in the following area.
Parket -s Zakist t Sece -ne 4-BD dnd RmiAyacd A4AHDr
C Q LL ae-i a L&I te
We do hereby waive our right to public improvement hearings and special
assessment hearings on this improvement.
NAME ADDRESS
2-
51,
November 18, 1991
o4 k.
TO: Bob Mitte sn
City of Plymouth
RE: Street light at end of Quantico Lane N.
This letter is to confirm the permission of the
adjacent property owners to install a street
light at the corner of 730 Quantico Lane and to
trim the trees as necessary to make this
installation. We are really hoping you can get
this project completed yet this fall.
Call if you have any questions.
Thank you.
1
y 3 u4
t, " - +r fir.
V
s
7MIT
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
41. p
DATE: November 26, 1991 For City Council Meeting of December 2, 1991
TO: James G. Willis, City Manager Through Fred G. Moore Director of
Public Works
FROM: Daniel L. Faulkner, City Engineer
SUBJECT: PAYMENT NO. 10
BASS CREEK BUSINESS PARK
CITY PROJECT NO. 008
ACTION REQUESTED: Adopt the attached resolution authorizing Payment No.
10 to C.W. Houle, Inc. for the above improvement project.
BACKGROUND: The contractor for the above project has substantially
completed all items for this project with the exception of minor restoration
work. Our consulting engineer is recommending that the retainage be reduced
from 5Z to 2Z. This is adequate retainage to ensure that the contract will
be completed in the spring of 1992.
RECOMMENDATIONS AND CONCLUSIONS: I hereby recommend that the Council adopt
the attached resolution which reduces the retainage to 2Z and authorizes
Payment No. 10 in the amount of $54,210.63 to C.W. Houle, Inc. for City
Project No. 008.
Daniel L. Faulkner, P.E.
DLF:dkc:kh
attachments: Resolution
Letter
k
CITY OF PLYMOUTH
RESOLUTION NO. 91-
REQUEST FOR PAYMENT NO. 10
BASS CREEK BUSINESS PARK
CITY PROJECT NO. 008
WHEREAS, request for Payment No. 10, dated November 13, 1991 for C.W.
Houle, Inc., has been prepared by Bonestroo, Rosene, Anderlik Associates,
Inc. and payment is recommended; and
WHEREAS, the payment requires City Council approval since it is
recommended that the retainage be reduced to 2z for City Project No. 008.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA: That the Finance Department is authorized to make
payment on Request for Payment No'. 10 in the amount of $54,210.63 to C.W.
Houle, Inc., for City Project No. 008.
FURTHER, other payments for additional work completed are authorized with
a retainage of 2I.
Adopted by the City Council on December 2, 1991
REQUEST FOR PAYMENT
DATE: November 13, 1991
PLACE: Plymouth, Minnesota
PROJECT: Bass Creek Business Park Utility & Street
PROJECT NO.:008 FILE NO.: 70273
CONTRACTOR: C.W. Houle, Inc.
ADDRESS: 1300 West County Road I
Shoreview, MN 55126
REQUEST FOR PAYMENT NO.: 10
SUMMARY:
1. Original Contract Amount
2. Change Order - ADDITION $
3. Change Order - DEDUCTION $
4. Revised Contract Amount
5. Value Completed to Date
6. Material on Hand
7. Amount Earned
8. Less Retainage 2 x
9. Sub -Total
10. Less Amount Paid Previously
11. AMOUNT DUE THIS REQUEST FOR PAYMENT NO.: 10
OWNER APPROVAL:
By
By
Date:
70273PR
FOR PERIOD:
From: Oct. 1. 1991 To: Nov. 8, 1991
SPECIFIED CONTRACT
COMPLETION DATE:
Nov 15. 90
N0 v `z'>
Dec 31, 90 199, C; y
i
Recommended for Approval by:
1,339,467.65/
1,339,467.65
1,283,764.70
0.00
1,283,764.70
25 675.29
1,258,089.41
1,203,878.78
54,210.63
BONESTROO, ROSENE, ANDERLIK &
ASSOCIATES, INC.
1_
1
Y:
Approved By: C.W. HOULE, INC.
Contractor
Bonestroo
Rosene
Anderlik &
Associates
Engineers & Architects
November 13, 1991
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Attention: Mr. Daniel L. Faulkner
Re: Bass Creek Business Park
Utility and Street
Our File No. 70273
Dear Dan:
Otto G. Bonestroo, P.E. Keith A. Gordon, P.E. Mark R. Rolfs, P.E. Rene C. PlumarL A.I.A.
Robert W Rosen, P.E. Richard W Foster, P.E. Robert C. Russek, A.I.A. Agnes M. Ring. A.I.C.P.
Joseph C. Anderlik. P.E. Donald C. BurgardL 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. Cecilio Oliver, P.E.
Richard E. Turner, P.E. Mark A. Hanson, P.E. Daniel J. Edgerton, P.E. Robert R. Drebkra. P.E.
Glenn R. Cook, P.E. Ted K. Field, P.E. Mark A. Seip, P.E. Gary W Morien, P.E.
Thomas E. Noyes. P.E. Michael T Rautmann, P.E. Philip J. Caswell, P.E. Karen L. Wiemeri, P.E.
Robert G. Schunicht, P.E. Robert R. Pfefferfe. P.E. Ismael Martinez P.E. Keith R. Yapp, P.E.
Susan M. Ebenin, 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 Rylander, 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.
ECE IVEQ
NOV 13 1991
City of Plymouill
Enclosed are 3 signed Request for Payment No. 10. The Contractor for this project has
requested that the retainage be lowered to 2 %.
The Contractor has satisfactorily completed 95% of this project. The remaining work to be
done on this project are the bituminous wear course, signs and striping; therefore we are
recommending that the City grant this reduction.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
Joe K. Illetschko
JKI:lk
Enclosures: 3
2335 West Highway 36 • St. Paul, Minnesota SS113 • 612 - 636 -4600 • 3Sth Anniversary
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
7- Q
DATE: November 26, 1991 For City Council Meeting of December 2, 1991
TO: James G. Willis, City Manager Through Fred G. Moore', Director of
Public Works
FRAM: Daniel L. Faulkner, City Engineer
SUBJECT: NORTHWEST -17 TRUNK SANITARY SEWER
CITY PROJECT NO. 040
ACTION REQUESTED: Approve final plans and specifications and order
advertisement for bids.
BACKGROUND: This project involves construction of the Northwest -17 Trunk
Sanitary Sewer from Point 70 to Point 71. Portions of this project need to
be done during frozen conditions to minimize the impact on adjacent
wetlands. A contract award in January is being scheduled to allow for this
work.
RECOMMENDATIONS AND CONCLUSIONS: We have received the final plans and
specifications for the above project and recommend that the City Council
adopt the attached resolution which approves plans and specifications and
orders advertisement for bids with bids to be received on January 14, 1992.
Le& I /- 4—a&L'
Daniel L. Faulkner, P.E.
DLF:dkc:kh
attachments: Resolution
Map
RESOLUTION NO. 91-
APPROVING PLANS AND SPECIFICATIONS
AND ORDERING ADVERTISEMENT FOR BIDS
NORTHWEST -17 TRUNK SANITARY SEWER
CITY PROJECT NO. 040
WHEREAS, pursuant to a resolution passed by the Council on April 22, 1991, the
City's Consulting Engineer, Short, Elliott, Hendrickson, inc., has prepared
plans and specifications for the Northwest -17 Trunk Sanitary Sewer Extension
from Point - 70 to Point - 71 as shown in the 1980 Comprehensive Sanitary
Sewer Plan by the installation of watermain, sanitary sewer, storm sewer and
street improvements and has presented such plans and specifications to the
Council for approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA;
1. That portion of such plans and specifications, a copy of which
is attached hereto and made a part hereof, is hereby approved.
2. The City Clerk shall prepare and cause to be inserted in the
official paper and in The Construction Bulletin an
advertisement for bids upon the making of such improvement
under such approved plans and specifications. The
advertisement shall be published twice, shall specify the work
to be done, shall state that bids will be received by the City
Clerk until 10:00 a.m. on Tuesday, January 14, 1992, at which
time they will be publicly opened in the Council Chambers of
the Plymouth City Center Building at 3400 Plymouth Boulevard,
Plymouth, Minnesota, by the City Manager and that no bids will
be considered unless sealed and filed with the City Clerk and
accompanied by a cash deposit, cashier's check, bid bond or
certified check payable to the City Clerk for five percent of
the amount of such bid.
Adopted by the City Council on December 2, 1991
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MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
P7- k
DATE: November 27, 1991 For City Council Meeting of December 2, 1991
TO: James G. Willis, City Manager
FROM: Fred G. Moore, Director of Public Works
SUBJECT: ADMINISTRATION OF INTERIM PROGRAM FOR WETLANDS
WETLAND CONSERVATION ACT OF 1991
ACTION REQUESTED: Adopt the attached resolution stating that the City
of Plymouth will be responsible for administering the interim program
for wetlands under the Wetland Conservation Act of 1991.
BACKGROUND: During the last session, the Minnesota Legislature adopted new
regulations governing wetlands. These changes were incorporated into a law
known as "The Wetland Conservation Act of 1991."
The new law does not change wetland regulations which were previously under
the jurisdiction of the Minnesota Department of Natural Resources (DNR).
The DNR regulations govern Types 3, 4, and 5 Wetlands larger than 2 1/2
acres in the Metro area.
The new law takes place in two phases. The first phase is an interim
program prohibiting wetland alteration and begins January 1, 1992 and lasts
through July 1, 1993. By July 1, 1993, the Board of Water and Soil
Resources (BWSR) is to adopt rules and regulations governing a permanent
program for wetland alteration. The law also provides for exemptions and
allows land owners to replace wetlands through an improvement replacement
plan. The law also states that for the interim program, local government
units (LGU) must decide who will administer the interim provisions. They
can be administered by either the cities, Soil and Water Conservation
Districts, or Water Management Organizations. BWSR will provide guidelines
for the administration of the interim program and also provide training for
the governmental unit which is designated to administer the program.
Attached is a handout prepared by BWSR on the interim guidelines.
Unless a governmental unit takes responsibility for the interim program
before January 1, 1992, landowners with non - exempt wetlands will be
prohibited from altering them. Also, if there is not a governmental unit
administering the program, there will be no one to determine whether a
wetland is exempt or to approve replacement plans. Under the new law there
is no size limitation as part of the definition of wetland, but it is based
upon soil type and vegetation.
SUBJECT: ADMINISTRATION OF INTERIM PROGRAM FOR WETLANDS
November 27, 1991
Page Two
RECOMMENDATIONS AND CONCLUSIONS: It is my recommendation that the City
designate itself as the LGU to administer the interim program. This would
allow uniform administration in the four watershed districts within the
City. The program would be administered by the Engineering staff with
assistance from the BWSR, Soil Conservation District, and Water Management
Organizations. As part of administering the program, I would be proposing
that any landowner with a wetland on their property and if they are
proposing to alter the wetland, they would be required to provide to the
City all necessary information to determine if the wetland is exempt or
requires replacement. If it requires replacement, then a replacement plan
would need to be submitted for approval. All information required of the
landowner would be required to be prepared by a qualified professional.
To approve this recommendation the City Council needs to adopt the attached
resolution.
Fred G. Moore, P.E.
FGM:kh
attachments: Resolution
Handout Material
CITY OF PLYMOUTH
RESOLUTION NO. 91-
WETLAND CONSERVATION ACT OF 1991
INTERIM PROGRAM ADMINISTRATION
WHEREAS, the State of Minnesota has adopted "The Wetland Conservation Act
of 1991 ", which provides for an interim and permanent program for wetland
alteration; and
WHEREAS, the interim program begins January 1, 1992 and lasts through July
1, 1993, and a governmental unit needs to assume the responsibility for
the administration of the program; and
WHEREAS, the Minnesota Board of Water and Soil Resources has issued
guidelines for the administration of the interim program; and
WHEREAS, the interim program must be administered either by the cities,
Soil and Water Conservation District, or the Water Management
Organization; and
WHEREAS, there will be more uniformity in the administration of the
interim program if the City accepts the responsibility.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA: that it accepts the responsibility of the
administration of the interim program as defined in "The Wetland
Conservation of Act of 1991" and the Engineering Division of the Public
Works Department is designated to administer the program in accordance
with the interim guidelines.
Adopted by the City Council on December 2, 1991
The Wetland Conservation Act of 1991 I/
O /
18 !991
Interim Program
The Minnesota Board of Water and Soil Resources (BWSR) Is the state administrative agency for the Wetlan i5 ;a
tion Act of 1991. Because we have received so many questions regarding the act, and the interim program begs
1, 1992, the BWSR Is mailing this document to many of the organizations and people affected by the act. Any further ques-
tions can be directed to the BWSR, 612 - 296 -3767, or 1- 800 -652 -9747.
The regulatory provisions of the Wetland Conservation Act take place in two phases. The first
phase is an interim program prohibiting wetland alteration that begins Jan. 1, 1992, and lasts through
July 1, 1993. After July 1, 1993; a permanent program begins. The programs provide exemptions and
also allow landowners to "replace" wetlands through an approved replacement plan.
So what exactly does the Wetland Conservation Act mean for local governments and landowners?
And when do their responsibilities begin?
Between now and Jan. 1, 1992...
Local government units (LGUs) must decide which LGU will administer the interim provisions of the
act. (BWSR is available to facilitate this discussion between LGUs) Although soil and water
conservation districts (SWCDs) or any LGU with permitting authority can administer the interim
provisions, the permanent program is more restrictive: only counties and cities can administer the
permanent program in Greater Minnesota, and only cities, townships and water management
organizations can administer the permanent program in the Metro Area. It seems logical to consider
giving responsibility for the interim program to the LGU that will ultimately administer the permanent
program.
The designated LGU should notify the BWSR that they have accepted responsibility for administering
the act. If no LGU takes responsibility for the program, landowners with nonexempt wetlands will
be prohibited from altering them. Moreover, since the BWSR will not assume local administration of
the program, landowners will have no one to determine exemptions or approve replacement plans.
The BWSR will develop administrative guidelines for the interim program. After Nov. 11, 1991, a
copy of the guidelines may be obtained from the BWSR (612- 296 - 3767). The guidelines will be open
to written comment until Dec. 6, 1991. The comments and adoption of the guidelines will be
considered at the Dec. 18, 1991, meeting of the BWSR.
After Jan. 1, 1992...
After consultation with the Wetland Heritage Advisory Committee (a nine - member committee
consisting of the commissioners of agriculture and natural resources, and seven others appointed
by the governor), rule making for the permanent program will begin.
The BWSR will provide training to LGUs concerning the interim program.
The BWSR and LGUs will work together to let landowners know that they must get approval from
the LGU before altering a wetland.
The LGU must decide if a wetland activity is exempt; if it is, the LGU might want to consider issuing
a "certificate of exemption." Although this certificate is not required, it will help the landowner quickly
explain the wetland's status to enforcement officials.
The commissioner of the Department of Natural Resources (DNR) is responsible for enforcement
of the act. Although conservation officers are primarily responsible for this enforcement, other peace
officers will assist the DNR.
Exemptions include:
the proposed activity is in a wetland subject to federal farm program Swampbuster require-
ments;
the wetland has a cropping history or was in "set aside" six of 10 years prior to Jan. 1, 1991;
the activity is in a wetland that was enrolled in the federal Conservation Reserve Program, was
cropped six out of 10 years prior to enrollment, and has not been restored with public or private
assistance;
the activity is in a wetland that has received a commenced determination by the Agricultural
Stabilization and Conservation Service (ASCS);
the activity is in a type 1 wetland on agricultural land, except for bottomland hardwood type 1
wetlands;
the activity is in a type 2 wetland that is two acres or less located on agricultural land;
the activity is in a wetland created solely as a result of beaver dam construction, or blockage
of culverts through public or private roads;
the activity is necessary to repair and maintain public or private drainage systems, as long as
wetlands that have been in existence for more than 20 years are not drained;
the activity is related to development projects and ditch improvement projects that have
received at least preliminary approval within five years before Aug. 1, 1991;
certain activities related to Corp. of Engineer permits, forest management, aquaculture, wild
rice production, and routine maintenance of highways, streets and utilities.
Landowners proposing nonexempt activities have these options:
The landowner and the LGU can agree that the landowner will replace the wetland within one
year of the effective date of the rules governing the permanent program and that the
replacement will abide by those rules. (The rules will be effective about July 1, 1993.)
The landowner can replace the wetland acre for acre (at a 2:1 ratio for non - agricultural wetlands
and at a 1:1 ratio for agricultural wetlands) and type for type before or during the wetland activity.
If the replacement is required by a permitting authority other than the LGU, the LGU may defer
to that replacement plan, providing that the replacement requirements are at least 1:1 (ag) and
2:1 (non -ag).
The LGU must establish a technical evaluation panel. The panel is responsible for making wetland
delineations, resolving questions concerning exemptions and providing guidance on replacement
plans. The LGU approves the replacement plans. By statute, this panel consists of a professional
employee of the SWCD, a BWSR employee and an engineer from the LGU. (The panelists may add
other members from the public or private sectors to provide additional expertise.)
The legislature appropriated funds to SWCDs to serve as an information clearinghouse about the
act and to provide training to local officials.
PROPOSED INTERIM PROCESS
Landowner (I.o.):Any Wetland Activity
I
LGU Contacted
Exempt Not Exempt
Activity
Replace ent Options
0000
Certification Future Replace Now Defer to a
of exemption Replacement (2:1 or 1:1) consistent
issued to I.o. > 7/1/93 type for type local scheme
for specific
site and activity.
Exemption cert.
is filed by LGU I.o. agrees to I.o. does not
if questions arise) terms & LGU ._ agree to terms
certifies
I
I.o. proceeds with activity I.o. prohibited from
Commencing
If Commenced,
Enforcement Action
MEMO $ -A
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: November 27, 1991 For City Council Meeting of December 2, 1991
TO: James G. Willis, City Manager
FROM: Fred G. Moore, Director of Public Works
SUBJECT: CHELSEA WOODS AREA (WESTON LANE) STORM DRAINAGE STUDY
In September, James and Ellen
Carruthers, 1510 Weston Lane,
problem in their rear yards.
past year after the July 1 rail
The City Council directed that
could be alleviated.
Olsen, 1506 Weston Lane, and David and Jean
discussed with the City Council a drainage
This problem had occurred twice during the
istorm and after the early September rainfall.
a study be made to determine how the problem
Attached is the study as prepared by Bonestroo, Rosene, Anderlik and
Associates, Inc. Bob Schnuicht will be at the December 2 Council meeting to
present the study. I am also sending a copy of the study to both property
owners.
The study presents six alternatives which would improve the drainage problem
on these two properties. The estimated costs vary from $20,000 to $300,000
depending upon the alternative.
I am not recommending any action at this time but that the City Council
direct the City staff and consultant to meet with the two property owners to
discuss the study. After receiving input from the property owners, the City
Council could then determine how to proceed.
Fred G. Moore, P.E.
FGM:kh
attachment: Study
Engineers & Architects
November 25, 1991
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Attention: Mr. Fred G. Moore,
Director of Public Works
Re: Chelsea Woods Area Storm Drainage Study
File No. 70279
Dear Fred:
Keith A. Gordon, P.E. Otto G. 8onesrroo. P.E.
Bones t roo Joseph C Anderlik P.E.
Rosene
Marvin L. S P.E.
Richard E. Turner. P.E.
Anderlik &
Glenn R. Cook P.E.
Thomas E. Noyes, P.E.
k, Associates
Robert G. Schunlcht P.E.
Susan M. Ebedin, C.PA.
Engineers & Architects
November 25, 1991
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Attention: Mr. Fred G. Moore,
Director of Public Works
Re: Chelsea Woods Area Storm Drainage Study
File No. 70279
Dear Fred:
Keith A. Gordon, P.E. Mark R. Rolfs, P.E. Rene C. Plumart A.I.A.
Richard W. Foster, P.E. Robert C. Russek A.I.A. Agnes M. Ring, A.I.C.P.
Donald C. Burgardt P.E. Thomas E. Angus, P.E. Jerry D. Pertzsch, P.E.
Jerry A. Bourdon, P.E. Howard A. Sanford. P.E. Cecilio Olivier. P.E.
Mark A. Hanson, P.E. Daniel J. Edgerton, P.E. Robert R. Dreblow, P.E.
Ted K. Field, P.E. Mark A. Seip, P.E. Gary W. Morien, PE,
Michael T Rautmann, P. E. Philip J. Caswell, P.E. Karen L. Wlemeri. P.E.
Robert R. Pfefferle. P.E. Ismael Martinez, P.E. Keith R. Yapp, P.E.
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. Rylander, 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.
21 1_i
We were recently authorized to investigate the drainage and flooding problems in the Chelsea
Woods Area. The work included a field survey of the Chelsea Woods storm drainage system,
development of a computer model of the 720 -acre watershed tributary to the Chelsea Woods
system, and evaluation of alternatives to alleviate or diminish the flooding potential on two Weston
Lane properties. We have completed our study, and presented herein is a summary of our analysis
and recommendations.
BACKGROUND
Chelsea Woods is located in the northwest quadrant of Vicksburg Lane and County Road 6, in
Section 29 of the City. It is in the Minnehaha Creek Watershed and in the Gleason Lake Storm
Sewer District, as defined in the City's 1972 and 1980 Storm Drainage Plans. The City's existing
stormwater system in the vicinity of Chelsea Woods is shown in Figure 1.
During recent years, two residences on Weston Lane (Lots 4 and 5, Block 1, Zinal Addition) have
experienced high water levels in their back yards during larger rainfalls. During the heavy rains last
September, water levels were estimated to nearly reach elevation 957, which is the walkout
elevation of the more southerly of the houses.
Discussions with one of the residents indicated that water did get into the garage of the southerly
house. Water remained in the back yards of these homes for several days following the rainfall.
According to the resident, it appeared that there was backflow out of a CMP inlet located in the
70279.cor 1
2335 West Highway 36 • St. Paul, Minnesota 55113 • 612 - 6364600 • 35th Anniversary
area. The back yards are a low point in the area. During large storms, they serve as a ponding area
in conjunction with Pond GL-P19 to the west of Weston Lane.
POSSIBLE CAUSES OF THE FLOODING PROBLEM
One problem that was immediately apparent is the elevations of the houses. The design 100 -year
high water level (HWL) in Pond GL-P1919 is 957.0. The low points of the houses should have been
located a minimum of 1.5 feet above the HWL, at elevation 958.5. Instead, the southerly house is
at elevation 957.0 and the northerly house is at elevation 957.5.
The design HWL is based on ultimate development conditions. When the area was still relatively
undeveloped, storm runoff was lower than the design level, due to the large amounts of pervious
surfaces. This could explain why flooding problems did not occur in the past, even during the
superstorm" of 1987. Problems did occur in this area in 1975, but that was found to be the result
of blockage of a channel in the Chelsea Woods system.
As the area developed, storm runoff increased as a result of the greater impervious area (such as
rooftops, driveways, and streets). During large storms, runoff and ponding levels are now nearing
the design conditions presented in the Storm Drainage Plan. Because the two houses on Weston
Lane have inadequate freeboard above the design 100 -year HWL, the actual water levels
experienced have come dangerously close to flooding the houses.
Another potential problem is the 27 -inch CMP culvert which acts as the outlet for Pond GL -P17.
This pipe controls the runoff from the majority of the watershed. The Storm Drainage Plan calls
for a 36 -inch RCP outlet. Subsequent correspondence from BRA to the City, done as part of
development plan reviews, indicated that a 30 -inch RCP outlet would be adequate.
Because the 27 -inch CMP is not only smaller but also has a significantly higher roughness coefficient
Manning's n = 0.023 for CMP versus 0.013 for RCP) than either of the RCP outlets, it acts as a
constriction on the outflow from Pond GL -P17. This results in higher water levels in the pond
which then back up through the system until they reach the back yards on Weston Lane.
Another feature of the Chelsea Woods stormwater system that could be fine -tuned is the dike to
the north of Chelsea Woods that could be raised 0.5. This improvement would make better use of
upstream ponds and reduce the flood levels in the Chelsea Woods ponds.
ANALYSIS
In order to analyze the flooding problems, we developed a hydrologic computer model of the entire
drainage area using the program HydroCAD. Included in the model were all the subdistricts and
ponds draining from Subdistrict GL -P1 north of Highway 55 down to Pond GL -P20 south of 18th
Avenue at Comstock Lane.
70279.cor 2
Inputs to the model included rainfall hyetographs, drainage areas, times of concentration, runoff
curve numbers, and pond characteristics such as storage - elevation tables, normal water levels, and
outlet design. Output from the model were runoff hydrographs for all the subdistricts and ponds,
as well as peak water elevations and storage volumes in the ponds. A summary of the HydroCAD
output is enclosed as an attachment.
ALTERNATIVES
The model was used to analyze seven alternatives to improve drainage and reduce the flooding
potential in the Weston Lane back yards. Alternatives 1 -3 deal with modifications of the Chelsea
Woods drainage system to lower the anticipated 100 -year HWL's. Alternatives 4 -7 present methods
of reducing the standing water time and further reducing the flooding potential in the Weston Lane
back yards. Alternatives 2 -7 include raising the GL -P17a dike to 968.0. The alternatives are shown
in Figure 2.
ALTERNATIVE E DO NOTHING
The "Do- Nothing" alternative involves making no changes to the drainage system. Table 1
summarizes the results of the HydroCAD modeling for this situation, for the case of the 100 -year
storm (6 inches of rainfall in 24 hours) under ultimate development conditions.
TABLE 1
HydroCAD Results: Alternative 1
100 -yr. Peak 100 -yr. Peak Duration at
Elevation Outflow Elev. 955
Pond GL-P17 958.5 31.1 36 hr.
Pond GL-P19 958.5 12.5 36 hr.
Backyards on Weston Lane 958.5 -- 36 hr.
As can be seen in Table 1, the anticipated 100 -year HWL in the back yards for this case is 958.5.
This will result in flooding of both adjacent houses. In addition, the water will remain in the back
yards at an elevation of 955 or more (elevation 955 is approximately 1 foot above the invert of the
outlet CMP) for approximately 36 hours.
Note that the high water level for ponds GL -P17 and GL -P19 and the back yards on Weston Lane
are the same. As the water level in Pond GL -P17 rises, it backs up through the system. At the
100 -year HWL of 958.5, the ponding areas are acting as a single connected pond.
70279.cor 3
ALTERNATIVE 2 REPLACE POND GL - P17 OUTLET WITH 30" RCP
Under Alternative 2, the only change would be to replace the 27 -inch CMP outlet of Pond GL-P17
with a 30 -inch RCP. This would increase the outflow from the pond, thus reducing the high water
in the pond as well as in upstream ponds. This alternative was originally proposed in the
development plan review correspondence. The results of the computer modeling for this case are
shown in Table 2.
MOM
HydroCAD Results: Alternative 2
100 -yr. Peak 100 -yr. Peak Duration at
Elevation Outflow Elev. 955
Pond GL -P17 957.3 43.7 21 hr.
Pond GL -P19 957.4 12.7 21 hr.
Backyards on Weston Lane 957.4 21 hr.
Under this alternative, the anticipated 100 -year HWL in the back yards is 957.4. This will result
in flooding of both adjacent houses. The water will remain at an elevation of 955 or above in the
back yards for approximately 21 hours. The flooding in Alternative 2 is partially a result of the
backing up of water in Pond GL -P17 but seems more dependent on the backup of water in Pond
GL-P19.
ALTERNATIVE 3: REPLACE POND GL - P17 OUTLET WITH 36" RCP
REPLACE POND GL - P19 OUTLET WITH 36" RCP
The outlet of Pond GL -P19 is a 18 -inch RCP located under Yuma Lane. Under Alternative 3, it
is proposed to replace this outlet with a 36- inch RCP. In addition, the outlet of Pond GL -P17 will
likewise be replaced with a 36 -inch RCP. The results of the computer modeling for this case are
shown in Table 3.
TABLE 3
HydroCAD Results: Alternative 3
100 -yr. Peak 100 -yr. Peak Duration at
Elevation Outflow Elev. 955
Pond GLrP17 956.2 49.4 15 hr.
Pond GL-P19 956.3 22.0 15 hr.
Backyards on Weston Lane 956.3 -- 15 hr.
70279.cor 4
Under this alternative, the anticipated 100 -year HWL in the back yards is 956.3. This will result
in no flooding of either adjacent house. The water will remain at an elevation of 955 or above in
the back yards for approximately 15 hours.
This alternative eliminates flooding for the case of the design 100- year storm. However, there is
only 0.7 feet of freeboard above the 100 -year HWL. The standard in Plymouth currently is to
provide 2 feet of freeboard from the 100 -year HWL to the critical floor elevation. This allows for
some margin of safety to account for uncertainties in the modeling, the possibility of storms greater
than the 100 -year storm, and potential clogging of outlet pipes or channels.
Additional increases in outlet sizes for Ponds GL-P17 and GLrP19 were determined to have
minimal effect of further lowering the 100 -year HWL in the back yards.
ALTERNATIVE 4: LOWER GRADE OF SYSTEM FROM BACK YARDS TO COUNTY ROAD 6
In order to further lower the 100 -year HWL in the back yards, one alternative is to regrade the
system from the back yards to the culvert under County Road 6. This would involve lowering
approximately 3000 feet of channel as well as 300 -400 feet of pipe by about 1 -2 feet of depth.
This alternative would also require excavating Ponds GL -P17, GL -P19, and GL-P21 down about 2
feet. In addition, the normal water levels in these ponds would have to be lowered by 2 feet.
Because of extensive landscaping in this area and the value of these ponds, particularly Pond
GL-P17, 17, as an amenity to local residents, this alternative is undesirable.
ALTERNATIVE 5: PROVIDE A GRAVITY DIVERSION OUT OF THE SYSTEM
Under this alternative, a gravity pipe would be provided to convey the runoff from the Weston
Lane backyards to the drainage system. The runoff would be conveyed to the south side of County
Road 6 near Dunkirk Lane, at the location of the existing culverts.
Alternative 5 would require approximately 2,400 feet of 15 -inch RCP. This would replace the
existing 12 -inch CMP outlet from the Weston Lane back yards and would not be connected with
the rest of the Chelsea Woods system. In order to prevent backflow from Pond GL -P19, it would
be necessary to block the existing connection to this pond and to raise an existing catch basin
approximately 3 inches.
It is estimated that this alternative would reduce the 100 -year HWL in the back yards to 955.6 and
result in a freeboard of 1.4 feet. The water would stand in the backyards for approximately 5 hours
after the end of the storm.
One problem with this alternative is that it would require significant reconstruction along County
Road 6. In particular, along the high point on County Road, between Weston and Dunkirk Lanes,
the storm sewer will be approximately 25 feet deep, adding to the cost and difficulty of this
alternative.
70279.cor 5
ALTERNATIVE 6: PROVIDE A PUMPED DIVERSION ACROSS WESTON LANE
This alternative involves providing a seasonal stormwater pump to pump water out of the back
yards and across Weston Lane to Pond GL-P19. The pump would be installed in the spring and
removed in the fall. A forcemain and connection would remain in place throughout the year.
A sluice gate would be installed on the storm sewer connecting the back yards and Pond GL -P19.
During the winter and spring the gate would be open, allowing gravity drainage of the system.
From May to October, the major storm season, the gate would be closed manually and the pump
would be used to drain the stormwater.
It is estimated that this alternative could reduce the 100 -year HWL in the back yards to 955.6
resulting in a freeboard of 1.4 feet. The water would stand in the backyards for approximately 5
hours after the storm.
Two common problems associated with pumped stormwater systems are maintenance and reliability.
The pump would require regular maintenance. It should be checked to see that it operates
properly on at least an annual basis. Pumps of this type typically last 10 to 15 years, and there
would be a regular replacement cost.
Power would also be required for the pump. If no backup generator is provided, then the pump
will not operate during a power outage. The sluice gate would require manual operation.
ALTERNATIVE 7: PROVIDE A PUMPED DIVERSION OUT OF THE SYSTEM
This alternative is similar to Alternative 5, only the diversion to the south side of County Road 6
near Dunkirk Lane would be by pumping rather than a gravity pipe. A force main would be
provided from the Weston Lane back yards to the high point on County Road 6, from which gravity
flow would operate.
It is estimated that this alternative could reduce the 100 -year HAIL in the back yards to 955.6. This
would result in a freeboard of 1.4 feet, and water would stand for approximately 5 hours.
The advantage of this alternative over the gravity system proposed in Alternative 5 is that the
required pipe would be much less deep. Because the pump would not be used in the winter, the
force main and gravity pipe could be placed approximately 5 feet deep. This would save much
reconstruction of County Road 6 and correspondingly lower the pipe cost.
Maintenance and reliability problems for this alternative would be the same as those described
under Alternative 6.
70279.cor 6
COST ESTIMATES
Cost estimates have been prepared for the seven alternatives. These are presented in Table 4.
IWA :30:0
COST ESTIMATES
Alternative 1 (do nothing) $ 0
Alternative 2 (Add 30" outlet) 20,000
Alternative 3 (Add 2 -36" outlets) 30,000
Alternative 4 (lower existing system) 3005000
Alternative 5 (gravity to Co. Rd. 6) 260,000
Alternative 6 (pump to GL -P19) 60,000
Alternative 7 (pump to Co. Rd. 6) 140,000
RECOMMENDATIONS
In order to alleviate flooding problems in the Western Lane back yards, we recommend that
improvements be made to the existing Chelsea Woods drainage system. These improvements will
provide for more efficient conveyance of the runoff through the system.
We recommend that the City proceed with Alternative 3. This alternative incorporates replacing
the outlets of Ponds GL -P17 and GL -P19 with 36 -inch RCP culverts, and raising the Pond GL -P17a
dike to elevation 968.0.
These improvements will reduce inflows to Ponds GL-P17 and GL -P19, increase outflows from the
ponds, and correspondingly reduce the pond high water levels. This alternative is the most
cost - effective means of lowering the 100 -year HWL in the back yards. Implementing Alternative
3 at a cost of $ 30,000 will result in a freeboard above the 100- year HWL of approximately 0.7 feet
for the southerly house and 1.2 feet for the northerly house on Weston Lane. If the City wishes
to provide a greater degree of protection, then Alternatives 4 -7 should be considered.
Alternative 4 is very costly and would decrease the aesthetic and environmental value of the
affected ponds. In particular, Pond GL -P17, the "Island Pond ", provides an amenity to local
residents.
Alternative 5, the gravity outlet to the south side of County Road 6, is the most reliable means of
providing additional flood protection. It would lower the HWL in the Weston Lane back yards to
elevation 955.6 and has no significant maintenance requirements.
70279.cor 7
Alternative 6, pumping across Weston Lane, would require regular maintenance, operation, and
replacement. It is susceptible to power outages and would require manual operation of a sluice
gate.
Alternative 7, pumping to the south side of County Road 6, would have the same problems
associated with Alternative 6.
The system design and cost estimates presented herein are for planning purposes and should be
considered preliminary. At the time the City wishes to proceed with the work, more detailed design
and cost estimates should be prepared as part of a feasibility study. If you have any questions
about the investigation, please call me or Bob Schunicht at 636 -4600.
Sincerely,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
i''F-
Daniel J. Edgerton, P.E.
DJE:Ik
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70279.cor 8
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oUn
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: November 26, 1991
TO: James G. Willis, City Manager
FROM: Frank Boyles, Assistant City Manager and Laurie
Rauenhorst, City Clerk
SUBJECT: COMPLIANCE WITH ETHICAL PRACTICES ACT
1. ACTION REQUESTED: The Council should adopt the attached
policy drafted by the City Attorney regarding economic
interest disclosure and conflict of interest disclosure.
The policy requires that the City Council, City Manager,
department heads, and City Attorney comply with the law's
requirements. To achieve initial compliance, each of those
individuals in office on January 6, 1992 or thereafter must
file the attached statement of Economic Interest with the
City Clerk by Monday, February 3, 1992.
2. BACKGROUND: The City Council has previously received
information about the purpose and requirements of the
Ethical Practices Act. In brief, the law attempts to
eliminate any perception that local elected and appointed
officials are influenced by their personal investments or
financial interests. It does so by requiring that these
officials file statements of economic interest, conflict of
interest, and notice of inability to abstain.
The individuals who must file statements are shown in the
attached policy. It should be noted that the officials who
must report change from city to city depending upon who
meets the statutory definition. A local official under the
law is, "a person holding elective or appointive office who
has the authority to make or recommend major decisions
regarding the expenditure of public money." Once an
individual is deemed to be a "local official" he /she is
subject to the reporting requirements set forth below:
r
COMPLIANCE WITH ETHICAL PRACTICES ACT
November 26, 1991
Page 2
I. APPOINTED OFFICIALS
A. Includes city manager, city attorney, six
department heads.
B. Forms to file:
1. Original Statement of Economic Interest - Must
be completed and filed with the city clerk and
City Council within the time period allotted
for initial compliance by the City Council.
New appointees in the positions listed above
must file when appointed.
2. Suvvlementary Statement of Economic Interest -
In the event that the economic interest of an
appointed official changes while in office, a
supplementary statement must be filed with the
city clerk and Metropolitan Council.
II. ELECTED OFFICIALS
A. Includes Mayor and City Councilmembers.
B. Forms Required: Statement of Economic Interest -
Upon filing for office, a candidate must complete
and file this form with the city clerk and City
Council. If elected, the candidate must file this
form as a supplement from time to time as his or
her economic interests change.
III. BOTH ELECTED AND APPOINTED OFFICIALS
A. Forms to File:
1. Potential Conflict of Interest Notice - If an
elected or appointed official must act upon an
issue for which he or she believes there is a
potential conflict of interest, he /she must
complete and file this form. The form is to be
filed with the city clerk.
2. Notice of Inability to Abstain from Potential
Conflict of Interest Notice - An elected or
appointed official who must act upon an issue,
i.e., is unable to abstain, must file this
notice with the governing body for maintenance
by the city clerk within one week of the action
taken.
COMPLIANCE WITH ETHICAL PRACTICES ACT
November 26, 1991
Page 3
3. Notice of Appointment of Local Official - If a
new official is appointed, or elected, the city
clerk must file this form with the Ethical
Practices Board.
4. Statement of Termination as a Local Official -
If an appointed or elected official
discontinues his or her capacity, the city
clerk must file this form with the City
Council.
3. RECOrMENDATIONS AND CONCLUSIONS: Adoption of the attached
policy is recommended. A copy of the Statement of Economic
Interest is enclosed which must be completed and filed with
the City Clerk by February 3, 1992 for those elected and
appointed officials holding office on or after January 6,
1992. We recommend that the City Council retain this
memorandum as a reference document regarding other forms
which must be filed. The forms are available from the City
Clerk.
FB:kec
i
CITY OF PLYMOUTH
RESOLUTION NO. 91-
RESOLUTION APPROVING A POLICY REGARDING
ECONOMIC INTEREST DISCLOSURE AND CONFLICT OF INTEREST DISCLOSURE
WHEREAS, the State Legislature has adopted the Ethical Practices
Act which is applicable to local governmental unites; and
WHEREAS, the City Council is desirous of complying with the
statute and its intended purpose; and
WHEREAS, the City Attorney has prepared a policy to provide
guidance for compliance.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA, that it should, and hereby does,
adopt the Policy Regarding Economic Interest Disclosure and
Conflict of Interest Disclosure dated December 2, 1991.
Adopted by the City Council on
CITY OF PLYMOUTH POLICY REGARDING ECONOMIC INTEREST
DISCLOSURE AND CONFLICT OF INTEREST DISCLOSURE
Resolution No. 91-
December 2, 1991
The State Ethics in Government Act (Minnesota Statutes, Chapter
10A) requires local officials in cities in the metropolitan area
with a population over 50,000 to file economic interest
disclosure and conflict of interest disclosure statements. The
Minnesota Ethical Practices Board has provided forms for the
disclosure of such information.
The City Council deems it in the best interest of the public that
local officials comply fully with the State Ethics in Government
Act. The Act defines a local official as a person who holds
elective office in the City or who is appointed to or employed in
a public position in the City in which the person has authority
to make, recommend, or to vote on as a member of the governing
body, major decisions regarding the expenditure or investment of
public money.
The persons holding the following positions are determined to be
local officials for purposes of filing economic interest and
conflict of interest disclosure statements:
1. Mayor
2. City Councilmembers
3. City Manager
4. Assistant City Manager
5. Director, Community Development Department
6. Director, Finance Department
7. Director, Park and Recreation Department
8. Director, Public Safety Department
9. Director, Public Works Department
10. City Attorney
Persons holding any of the above - referenced positions as of
January 6, 1992 and thereafter, shall file their initial
statements with the City Clerk on or before February 3, 1992, and
shall file such supplementary statement required by state law.
STATEMENT OF ECONOMIC INTEREST
Candidate, Elected Local Official
Metropolitan Governmental Unit
under Minn. Stat. §10A.09 3=
All information on this form +;..
is public information)
It is unlawful to use this information
for commercial purposes.
01 PERIOD COVERED
through
Original Statement
Supplementary Statement
Te n
02 INDIVIDUAL NAME 03 TELEPHONE NUMBER
Do NOT list homestead propert and do
NO CHANGE STATEMENT
COUNTY COMMISSIONER
04 ADDRESS(Street, City, State, Zip)
05 = OFFICE SOUGHT CJ HELD CITY OR COUNTY
Do NOT list homestead propert and do
NO CHANGE STATEMENT
COUNTY COMMISSIONER
SINCE LAST
COUNCIL MEMBER
Street Address
MAYOR
County Acreage
ATTORNEY
SHERIFF
OTHER (specify)
06 OCCUPATION
07 PRINCIPAL PLACE OF BUSINESS
ATTACH ADDITIONAL SHEETS IF NECESSARY TO COMPLETE SECTTONS P T9tznr1r:u rni
08 SOURCES OF COMPENSATION; earned income in excess of $50 in any month (including 05)* Do NOT list benefits from retirement, insurance, social security, savings, alimonySupTementaryStatement: list amount of each honorarium of more than $50 receivedsincethepreviousstatementwithname & address of source of honorarium. NO CHANGE SINCE LAST STATEMENT
Associated Business IAddress (street, city, state, zip)IYour relationship with Business
09 SECURITIES HELD in which your share is 52,500 or more*
Do NOT list number of shares or value of shares
O NO CHANGE SINCE LAST STATEMENT
11 Name of Security I Address (street, city, state, zip) I Type of Security
10 REAL PROPERTY IN STATE OF MINN. in which your share is worth in excess of $2,500* Do NOT list homestead propert and do
NO CHANGE STATEMENT not list value of propertySINCELAST
Name of Property Street Address Municipality Range
Township or gection County Acreage
7rror ari- mucuei gorse racing interests onlv, include your interest and interests ofimmeiatefamilymember(s) in the UnitedStates and Canada.
Any individual who signs and certifies to
be true a statement knowing it containsfalseinformationorwholmowinglomits
required information is guilty ofya
gross misdemeanor.
FILE WITH:
The Governing Body of Metropolitan
Government Unit in which you serve
13 CERTIFICATION
I, _
rrint or type
CERTIFY THAT THE INFORMATION CONTAINED
ON THIS FORM, OR ATTACHED HERETO, IS
COMPLETE, TRUE AND CORRECT.
Signature
Date
ET 00032 -01
if