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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 2ce 0 Cl) 5 00'26'3i' E _ 420.00 i _-- ----- --- Ir I •` •- I / urns JgO wo• I 0 /i~ • / I Vl I Z 'u• dil t00. -' I / \ `5 dIA =aw N O J a \ \ O 8 I o ' .1 • •-e ILI x yRb I \ 1 L ggY i Y 6yo i 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 - T4W -IL IIt01 `mIkT -iFI 1 o=f a N p F- 1 6 E R t q 3i e 99 a e fK C 5ia 1 a. {E 545 w 6 aI i e 8 g i fil+i + • • 7 io, p YHL e 1;1! Ol mill t H L I l I its t! silii is: iii Hie s r t wt Idg F g o v i 3W \! s s i i x Rtietw.. w an•r P A* .am o p f6 a y a 3 ,r ;f -rc -177 777ITTLI Jill TjW J =___: . F1` - 3 — Y n ' h 1 1111i a 1 r- -- w•.i i;331 __ + i 1 1a J IIp110+• 01'Ii liM •Y MN r-------------------------------------------- 1 i it'll oil Qp Illlllll i'T 1 7777 Ff I F1 I It; A I I I 71, TIT., ITITI ITITI 4 t j I fill 00 7--j LLLJ_LLLL1JiL_M t IL -Lk-,, AI r;iLF.ii3W' lit OVID)- 6t NZ - 7— i r. It's' I ce cw f I I • ,' O 3JORS.69N 01 A F- 7- 1 I a Ll z L- W 4 7 it kiz: V, Z. 69 L ID. OE z fQ' r, LULL ob O* L N r, 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) Mi E l r o 6 y rt,dw srt B« M q 1 Soo C e R,R. N IA Q a IST Ay 1 srA C ) aW O r r T li i I w 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 401f elite .9 lggf .. 1 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 546 -7419 r. f f ff 2. 22 T goolzo -- LAKE AI 7l A Y GOVT LOT 4 4g H ' QEaEaoo PLl VNDUYN -400 a[OII6II 1 dQl[ -'g 49 GOVT LOT 5 M29 .I RES 44 STORM SEWER DISTRICT BOUNDARY SCHOOL DISTRICT BOUNDARY WATERSHED DISTRICT BOUNDARY INCREMENT BOUNDARY x A , 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 REVISED o M a REQUEST ca a> .•' 1 E d O cc 11/12/91 f ` (% o w X d N m m m N 0 0 0 0 0 c go 00000a O 0 0 11 43 kh ti' `• y\ — . fie,„ -L. n fee M` J • 1 I g Vim %• r I 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 Em m 32 ? a 'c`u _0 ORIGINAL REQUEST C v C/ C y N a w R 0 n10/8/91 ati ti r r r r 0000 a 4) (D 0 0 a 1 tL. o to ec 1 11 N •,: - gel - - ` I J 00 u fine r, I / 4 Ir- D 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. ITrin M -* I f o t 28 S o (-A i- 1.1 .z,sj o E I)F-, \vE- 1 Ns int GPIkAGE - b')M =Ns kOM-'z' SCL =1 cjC)L )t31 3 ;,vide b,j 18' (v cleeQ de. I7.2', J 1 v o Only IS' avoAL o i i 1 No room -c 9 4 Poiss r zr Ovue. Car iS il15ide. qO -MqP -, 4ecq- Is no room o wo\kk- a rouri f4 L v, de, +j ge+ +0 door- to h ou5Q-, It 1 4 0i U 30 .n 9). 0j arus lnew {c,m,ly 36 3 2 1 SQL = a i—.e 0 x i til- LI 12 qj i l 4 r v V C• Ib t Xl LI x q' doc Ilk w 6o,,- fit 4o % Feet lower f{oor eXis r\j hAisetgct "e, le -veil, Kezpina neuJ (OrrkFe, level f o_ 5ome c?s old yarlge (AV-+ld reQuii re. w s'{e,* F r- jrlve -way. "'is would 1oc. eycova4cd o rjoirloir, e. urrrgr 66-lveUVy s"cp, . C11, ego .1141 10; Mir 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'..,• 0 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 r 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 NpV 15 t CAy Oi NY 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 q,(4isdrofioti Alo. 19Zr3 711, 786 - 55.56 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. P, NEVIEW LANE ^NO. IN a8, Mo LF-u-, to mo ol. 3G ko rn,t 8 6 L ji 4D ov, F OD N K Ll K I L WE, tLf_ 4 L-vucl- - . . 1 11 : kkl rlr6D-- M CD ft. N N Iva. 7 dl M E RI LA 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. N /ine efNw,Yr.f reNWf*. /sGC. /y 2 4k ofdl '•djti lk l N A I a a in 7DRAINAGE EASEMENT ti m IFORm m PONDING Nee•„• s7e it O 1 "ill Of y err i:$ i O 91 iI; O ,• v 2 V I 91 N qpA 4 tr Pro ose j, Nd9' /011'W I lt' . I O ? /tij.9d g 3'4 r ti4 161 AVE.g Al J T SO I ? IUD M n 1P y.. 4 b 1 \' V a S. /HQ I% NWf(14iNWi. .SZY. /9 1 ! ^ Y V _ . -. `j v. /:reefSwwd og ~,• [/ ~ try +. / a+ 1 C b DRAINAGE EASEMENTI_ s FOR PON a A 1P 4 w Ne7't619 E , a s i _ •i `.'`7. a lb fl laiFe b 1 xp2a 1 y r32, I, II NB9lo'is E 676.0) I A'49 JO %O EJ I (7, b ete.0o Y x”. 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 r r Li 0 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 j 4qi zw"q SS. 60.0CM, tOC 1A ..;9.60.00 s N.318ZL'90 M .99.60.00 ..Nut go'SC6 ZR 0 9 7 crCL Ir tv if 3n CL lis!ll II.Moo S LL, 2w I , - lop 00. z 44, J% 0mhIZ N .# IJO.00's 0 0 Y5 6 all 2: ag LI w la i U 12- ttj rjF1 Go A01 O, _: 40 re er yX Cx 7 4 ---------- --------- win ---------- -- T T 6,19zz -- Qe 3 3 .*C.L 600 N -C.t6o0 N 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 0 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 a 48) too i( 49) 160 1i 50) 160 51) Ip u 52) 1 _ AVE n ,.. .. , 4 $ ° 85) • Z4 - s 7 i , )9?;( 18)(2U 7466 T•. 86 It 26 ( e6) s + X24 SI h (17) 17, 30) . 23) ; 49. g 99 s 4 T ko E 3 ( 119 6_9Q Y4 7 g (a71 (. 7) (JTN u 4 ? - (89 W )b. ` x 1 2 (46 ) 48) I'Q 641 Ist . 72f 2• is _ _ Al (84 )12 72 1711. 57 A 1711 29 t ?9 2 4 Z I to 3 4) Ila Ito s s is 2 1 9) 6) a 16L 7 2) 0 +- s 9 -^ 7 6 4'-f s 110 110 110 I Ca (n 4) ( 18 1 INDUSTRIAL s 3) to 137 25 94 i sr r'r. 55 55 n 55 9 Ar 6 6r'A T 2 9 8 35) 36) 9 j 38) S 1 yA 1 Q r ( 3) t e12 13 to °IS t6 17 Jo t8 in 110 r t a o rm a 48) too i( 49) 160 1i 50) 160 51) Ip u 52) 1 _ AVE n ,.. .. , 4 $ ° 85) • Z4 - s 7 i , )9?;( 18)(2U 7466 T•. 86 It 26 ( e6) s + X24 SI h (17) 17, 30) . 23) ; 49. g 99 s 4 T ko E 3 ( 119 6_9Q Y4 7 g (a71 (. 7) (JTN u 4 ? - (89 W )b. ` x 1 2 (46 ) 48) I'Q 641 Ist . 72f 2• is _ _ Al (84 )12 72 1711. 57 A 1711 29 t ?9 2 4 Z 44) In 73 OF 6S t77 97 e • (---- 716) -- q \ Q It rr p ® 177 S7 t7. n 179 73 i (n 99 - -- 77) R 6 v, t0 '^ m ' • , 4 7Z) - -- N (S1) o (42) 82) 1n 21 --( ° 179. 81 0-477. 21 Z 9 N-- - - - - -- U -- I s Z ?!-: -s - - -- (sz) (41) 81) a (7D) 68Q8f 'ts 0 IT& 64 tit 6A %; (TS) 8 (53) CDD 8 (40) eo) (79) 6 Q 6 7q i ?( 17fi 6 IT& 6 as 1 1 « 129 [AST 177V& 7 1 M , 9 10 I to 3 4) Ila Ito s 2 1 9) 6) 5) 3) 2) Oo 110 110 110 110 18 20 1 1 44) In 73 OF 6S t77 97 e • (---- 716) -- q \ Q It rr p ® 177 S7 t7. n 179 73 i (n 99 - -- 77) R 6 v, t0 '^ m ' • , 4 7Z) - -- N (S1) o (42) 82) 1n 21 --( ° 179. 81 0-477. 21 Z 9 N-- - - - - -- U -- I s Z ?!-: -s - - -- (sz) (41) 81) a (7D) 68Q8f 'ts 0 IT& 64 tit 6A %; (TS) 8 (53) CDD 8 (40) eo) (79) 6 Q 6 7q i ?( 17fi 6 IT& 6 as 1 1 « 129 [AST 177V& 7 1 M , 9 10 1 to 110 s 2 1 9) X13) 12) 11) ,. p art• 2 54 4ES ISO t 9 (b) )t - 3Z - t74 M tot ftl I z 5 1 ' ( 1' r`- - -- 1K 3 tt z got (9) (nI (16) 4 s 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 N 1 IF Lu I ( z. 2¢ _¢ J ow U w Q I Q Q I I mU W N l ' w '' LDI , r) I Z I U. O j. z3 Is TTZj C I w c) m cy) 0) 1- Z I r- - -- ( M o w m ' l •, ,, j' ; \ rnlc) W r J D cc Dcl) Ill' I W IAI `IAI 111 l / I 1 Il J 1 /'.... 11 VJ 01.1 .. IAI • 111 . • - _ ' O 111 •• ,lrl 141 , I` ,1 1 •• • !) IW -• 1416 I cc S., •••.. \ `. AY .. It 11.1 , . . Z aI COUNTY STATE AID HWY. 9 I 1 f ass+a 1-4 V++++44414 14- rs4 mrr r rr++mi ` 1. I I ir x•, 4z J L_ 77 V1 7 L I-- —I -r 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 enc. 70279.cor 8 b b 0.0 C o W C7 00v 00N u u C u 0 u O ann0n 3 3OU Ld WF- N N 0 Z W H m v X o W Z V) Z O O V) o LjJ ¢ a J 2 i v n 4d inn 1C b c i • Q 3 3 W N W Wir N 0 C U OU O NH W o W O o U OiO W Q Z w m W J Q = N O O 3 U WN O J W 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