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HomeMy WebLinkAboutCity Council Packet 03-05-1990CITY OF PLYMOUTH A G E N D A REGULAR COUNCIL MEETING MARCH 5, 1990 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. PRESENTATION - "That's Not Trash, It's Cash" drawings 5. PROCLAMATION - Girl Scout Week, March 12-16 6. CONSENT AGENDA 7. MINUTES - Approval of Minutes of the Regular Council meeting of February 26, 1990 8. PUBLIC HEARINGS 9. PETITIONS, REQUESTS AND COMMUNICATIONS A. Steven A. Burk. Lot Division/Lot Consolidation for property located at 11775 40th Place North 90007) B. Lundgren Brothers Construction. Final Plat and Development Contract for Bay Pointe at Mooney Lake located south and east of the end of Brockton Lane and west of the end of 25th Avenue North (89005) C. OPUS Corporation. Final Environmental Impact Statement Decision for Bass Creek Business Park located at the northwest corner of Highway 169 and County Road 10 (89061) D. Approve 1991-1994 Capital Improvement Program E. Award of bid for Police Pistol Range F. Resolution confirming City Council decision to extend transit contract with Medicine Lake Lines G. Set hearing for March 19 on application of SuperAmerica #4341, 5750 Nathan Lane North, for off -sale non -intoxicating liquor license H. Approve plans and specifications and advertise for bids for Well No. 12 Pumping Facility, Project 909 I. Rockford Road Plaza - Set date for sale of 1,350,000 Taxable General Obligation Tax Increment Bonds 10. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS A. City Attorney Services 11. ADJOURNMENT CITY OF PLYMOUTH -- 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 MEMO DATE: March 1, 1990, for City Council meeting of March 5, 1990 TO: James G. Willis, City Manager FROM: Laurie Rauenhorst *ty Clerk, through Frank Boyles, Asst. City Manager SUBJECT GIRL SCOUT WEEK ACTION REQUESTED: The Girl Scouts of America has requested that the Mayor proclaim the week of March 11-17, 1990, as GIRL SCOUT WEEK. A copy of the proclamation is attached for the Mayor's announcement and signature. Members of Brownie Troop #1534 and Jr. Girl Scout Troop #180 plan to be present in the audience. r0 CIN OF PLYMOUTFF P R O C L A M A T I O N GIRL SCOUT WEEK WHEREAS, Girl Scouts of the United States of America recognizes that today's girls will be tomorrow's leaders; and WHEREAS, Girl Scouts of the United States of America is the largest voluntary organization for girls in the world and draws upon a large resource of positive adult role models; and WHEREAS, the Girl Scout Movement continues to emphasize leadership and personal and career development for girls; and WHEREAS, our community and world will be the direct beneficiaries of the skilled young women who are Girl Scouts; NOW THEREFORE, I, Kim M. Bergman, Mayor of the City of Plymouth do hereby proclaim the week of March 11-17, 1990 to be: GIRL SCOUT WEEK Dated this 5th day of March, 1990 Kim M. Bergman Mayor 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 M I N U T E S REGULAR COUNCIL MEETING February 26, 1990 The regular meeting of the Plymouth City Council was called to order by Mayor Bergman at 7:05 p.m. in the Council Chambers of the City Center at 3400 Plymouth Boulevard on February 26, 1990. PRESENT: Mayor Bergman, Councilmembers Helliwell, Ricker, Vasiliou, Zitur ABSENT: None STAFF PRESENT: City Manager Willis, Assistant Manager Boyles, Public Works Director Moore, Community Development Director Tremere, Finance Director Hahn, Park Director Blank, Public Safety Director Carlquist, City Attorney Thomson, and City Clerk Rauenhorst PRESENTATIONS Mike Trossen, Trossen, Wright & Associates Architects, presented the final plans and specifications for Fire Station I. Site landscaping has been refined to meet the Zoning Ordinance, and the City has received permission to do some regrading on the adjacent property to the south to create a buffer from the parking lot. The floor plan has not changed, with the exception of an expansion of the mechanical/electrical room. Mr. Trossen showed a sample of the exterior brick. In response to a question by Councilmember Zitur, Fire Chief Robinson stated that fire fighters were involved in each stage of the process. Manager Willis stated that the architect's estimated total construction cost for the project was $825,000 on January 16. The total construction cost is now estimated at $842,300; however, this is is actually a reduction from the original estimate because a new emergency generator, estimated at 40,000, has been included. Mayor Bergman asked if the other fire stations have emergency generators. Fire Chief Robinson stated no, but it should be considered in the future. q Fire Station No. I Item 4-A Regular Council Meeting February 26, 1990 Page 57 MOTION was made by Councilmember Ricker, seconded by RESOLUTION NO. 90-126 Councilmember Zitur, to adopt RESOLUTION NO. 90-126 APPROVING APPROVING PLANS AND PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, ORDERING BIDS, FIRE FIRE STATION NO. I, DEMOLITION OF EXISTING BUILDING AND STATION I CONSTRUCTION OF NEW BUILDING, CITY PROJECT NO. 825. Item 4-A Motion carried on a Roll Call vote, five ayes. Barb Parks presented a petition requesting some form of traffic control at the intersection of Northwest Boulevard and Campus Drive. She stated a traffic signal is needed at this intersection because of the new residential and commercial development in the area. Director Moore recommended that the Council request Hennepin County to conduct a study on the need for a traffic signal at this intersection. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-127 REQUESTING HENNEPIN COUNTY DEPARTMENT OF TRANSPORTATION TO CONDUCT TRAFFIC SIGNAL STUDY. Motion carried on a Roll Call vote, five ayes. Rick Rosen presented the 1989 Park and Recreation Advisory Commission Annual Report on behalf of PRAC. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to accept the 1989 Park and Recreation Advisory Commission Annual Report. Motion carried on a Roll Call vote, five ayes. PROCLAMATION Mayor Bergman proclaimed the week of March 4-11, 1990, as Volunteers of America Week. CONSENT AGENDA Items 9-J (designation of state aid streets) and 9-0 (approval of engineering agreements for 1990 construction projects) were removed from the Consent Agenda. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt the Consent Agenda as amended. Motion carried on a Roll Call vote, five ayes. RESOLUTION NO. 90-127 REQUESTING TRAFFIC STUDY AT COUNTY ROAD 61 AND CAMPUS DRIVE Item 4-B PRAC Annual Report Item 4-C Volunteers of America Week Item 5 Consent Agenda Item 6 Regular Council Meeting February 26, 1990 Page 58 MINUTES MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to approve the minutes of the March 5 and March 8 council meetings. Motion carried on a Roll Call vote, five ayes. Mayor Bergman opened a hearing at 7:20 p.m. on the application of Grocery Hut Inc., 3435 State Highway 169, for an off -sale non -intoxicating liquor license. No one appeared. The hearing was closed at 7:21 p.m. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-128 APPROVING OFF -SALE NON -INTOXICATING LIQUOR LICENSE FOR GROCERY HUT, INC. Motion carried on a Roll Call vote, five ayes. Mayor Bergman opened a hearing at 7:21 p.m. on 1989 Weed Eradication and Destruction Assessments, Roll 3. Laurance R. Elwell, 6125 Highway 101 North, presented a written objection to his assessment. Mr. Elwell stated he owns approximately 3.5 acres at County Road 6 and Ferndale Lane. He stated he had destroyed thistles after receiving a letter from the weed inspector. Mr. Elwell stated a portion of the property is unusable and he would like some direction as to what he could do with the property. He requested that he not be assessed a penalty since he had tried to comply with the inspector's orders. Mark Peterson, Park Superintendent, stated that Mr. Elwell was notified on August 1, 1989, to cut weeds on the property. A reinspection revealed noxious weeds (thistles and purple loosestrife) remained on the parcel and mowing was then done by the City to abate the nuisance. Councilmember Helliwell asked if the City mowed Mr. Elwell's planted crops. Mr. Elwell stated that no crops were planted when the mowing was done. Councilmember Ricker asked if Mr. Elwell had communicated with Superintendent Peterson after receiving his letter. Mr. Elwell stated that he thought he had complied with the order, but in hindsight, he should have discussed the situation with Mr. Peterson. He stated his concern is how to make the property saleable so that the problem can be resolved. Minutes Item *7 RESOLUTION NO. 90-128 NON -INTOXICATING LIQUOR LICENSE FOR GROCERY HUT INC. Item 8-A Assessment Hearing on Weed Eradication Item 8-B Regular Council Meeting February 26, 1990 Page 59 No one else appeared for the hearing. Mayor Bergman closed the hearing at 7:36 p.m. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 90-129 ADOPTING ASSESSMENT 1989 WEED ERADICATION AND DESTRUCTION, ROLL 3. MOTION to amend the main motion was made by Councilmember Zitur, seconded by Councilmember Helliwell, to remove the Elwell assessment from the assessment roll. Motion to amend failed; Zitur and Helliwell ayes; Vasiliou, Ricker and Bergman nays. Original motion carried on a roll call vote, four ayes; Helliwell nay. Staff was directed to meet with Mr. Elwell to discuss options for utility service to the property and related costs, and any other issues related to the process for developing the property. Mayor Bergman opened a hearing at 7:39 p.m. on assessments for removal and destruction of diseased trees, Roll 1. No one appeared. The hearing was closed at 7:39 p.m. MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 90-130 ADOPTING ASSESSMENT, 1989 REMOVAL AND DESTRUCTION OF DISEASED TREES, ROLL 1. Motion carried on a roll call vote, five ayes. Mayor Bergman opened a hearing at 7:40 p.m. on vacation of drainage, utility, and driveway easement in Block 2, Scherer Industrial Development. No one appeared and the hearing was closed at 7:40 p.m. Councilmember Zitur stated he had checked with the City Attorney and determined that it is not a conflict for him to vote on this item. He had abstained at a previous meeting setting the hearing. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-131 AUTHORIZING THE VACATION OF CERTAIN DRAINAGE AND UTILITY EASEMENTS IN BLOCK 2 SCHERER INDUSTRIAL DEVELOPMENT ADDITION. Motion carried on a roll call vote, five ayes. RESOLUTION NO. 90-129 ADOPTING ASSESSMENT FOR 1989 WEED ERADICATION, ROLL 3 Item 8-B RESOLUTION NO. 90-130 ADOPTING ASSESSMENT FOR REMOVAL OF DISEASED TREES, ROLL 1 Item 8-C RESOLUTION NO. 90-131 EASEMENTS, SCHERER INDUSTRIAL DEVELOPMENT ADDITION Item 8-D-1 Regular Council Meeting February 26, 1990 Page 60 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-132 AUTHORIZING THE VACATION OF A DRIVEWAY EASEMENT IN BLOCK 2 SCHERER INDUSTRIAL DEVELOPMENT ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, CONDITIONS TO BE MET and 90-132 VACATING DRIVEWAY EASEMENT FOR ADDITION. RESOLUTION NO. 90-132 AUTHORIZING VACA I OF DRIVEWAY EASEMENT SCHERER INDUSTRIAL DEVELOPMENT ADDITION Item 8-D-1 Councilmember Vasiliou, seconded by RESOLUTION NO. 90-133 to adopt RESOLUTION NO. 90-133 SETTING SETTING CONDITIONS TG PRIOR TO FILING OF RESOLUTION NO. 90-131 BE MET PRIOR TO FILING THE DRAINAGE AND UTILITY EASEMENTS FOR Item 8-D-1 BLOCK 2, SCHERER INDUSTRIAL DEVELOPMENT Motion carried on a roll call vote, five ayes. Mayor Bergman opened a hearing at 7:41 p.m. on vacation of a portion of Zircon Lane right-of-way and 64' wide storm sewer and surface drainage easement, Bay Pointe on Mooney Lake. No one appeared and the hearing was closed at 7:41 p.m. MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to adopt RESOLUTION NO. 90-134 AUTHORIZING THE VACATION OF A STORM SEWER EASEMENT AND SURFACE DRAINAGE EASEMENT OVER A PORTION OF GOVERNMENT LOT 1 SECTION 30 FOR BAY POINTE ON MOONEY LAKE. Motion carried on a roll call vote, five ayes. RESOLUTION NO. 90-134 AUTHORIZING VACATION OF EASEMENTS FOR BAY POINTE ON MOONEY LAKE Item 8-D-2 MOTION was made by Councilmember Vasiliou, seconded by Mayor RESOLUTION NO. 90-135 Bergman, to adopt RESOLUTION NO. 90-135 AUTHORIZING THE VACATION AUTHORIZING VACATION OF A PORTION OF ZIRCON LANE RIGHT OF WAY BETWEEN THE EASTERLY OF PORTION OF ZIRCON EXTENSION OF THE NORTH LINE OF LOT 1, BLOCK 11, GREENTREE WEST LANE AND THE SOUTH PLAT LINE OF GREENTREE WEST FOR BAY POINTE ON Item 8-D-2 MOONEY LAKE ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Mayor RESOLUTION NO. 90-136 Bergman, to adopt REOSLUTION NO. 90-136 SETTING CONDITIONS TO BE SETTING CONDITIONS TO MET PRIOR TO FILING OF RESOLUTION NO. 90-134 and 90-135 VACATING BE MET PRIOR TO FILING THE STORM SEWER EASEMENT AND SURFACE DRAINAGE EASEMENT OVER A Item 8-D-2 PORTION OF GOVERNMENT LOT 1, SECTION 30 AND A PORTION OF ZIRCON LANE IN GREENTREE WEST ADDITION. Motion carried on a roll call vote, five ayes. Mayor Bergman opened a hearing at 7:43 p.m. on vacation of drainage and utility easements on Lots 4 and 5, Block 1, Industrial Park 494. No one appeared and the hearing was closed at 7:43 p.m. Regular Council Meeting February 26, 1990 Page 61 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-137 AUTHORIZING THE VACATION OF CERTAIN DRAINAGE AND UTILITY EASEMENTS IN LOTS 4 AND 5, BLOCK 1, INDUSTRIAL PARK 494 ADDITION. Motion carried on a roll call vote, five ayes. RESOLUTION NO. 90-137 AUTHORIZING A OF DRAINAGE AND UTILITY EASEMENTS IN INDUSTRIAL PARK 494 ADDITION Item 8-D-3 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-138 SETTING RESOLUTION NO. 90-138 CONDITIONS TO BE MET PRIOR TO FILING OF RESOLUTION NO. 90-137 SETTING CONDITIONS VACATING THE DRAINAGE AND UTILITY EASEMENTS FOR LOTS 4 AND 5, BE MET PRIOR TO FILING BLOCK 1, INDUSTRIAL PARK 494 ADDITION. Item 8-D-3 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-139 APPROVING PRELIMINARY PLAT FOR OPUS CORPORATION (90001). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-140 APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR OPUS CORPORATION 90001). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-141 APPROVING SITE PLAN FOR NORTHERN STATES POWER COMPANY (90004). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-142 APPROVING MPUD FINAL PLAT AND DEVELOPMENT CONTRACT FOR KEVIN J. KUECHLE 89033) (MPUD 83-1). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-143 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO THE MPUD FINAL PLAT FOR KEVIN KUECHLE (89033) (MPUD 83-1). Motion carried on a roll call vote, five ayes. RESOLUTION NO. 90-139 APPROVING PRELIMINAR PLAT FOR OPUS CORP. 90001) Item *9-A RESOLUTION NO. 90-140 AND CONDITIONAL USE PERMIT FOR OPUS CORP. 90001) Item *9-A RESOLUTION NO. 90-141 APPROVING SITE PLAN FOR NSP (90004) Item *9-B RESOLUTION NO. 90-142 AND DEVELOPMENT CONTRACT FOR KEVIN KUECHLE (89033) Item *9-C RESOLUTION NO. 90-143 SETTING CONDITIONS TO BE MET PRIOR TO FILING 89033) Item *9-C Regular Council Meeting February 26, 1990 Page 62 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-144 APPROVING MPUD FINAL PLAT AND DEVELOPMENT CONTRACT FOR LUNDGREN BROTHERS CONSTRUCTION COMPANY FOR FOX RUN 5TH ADDITION (89058) (MPUD 83-1) . Motion carried on a roll call vote, five ayes. RESOLUTION NO. 90-144 APPROVING FINAL PDVT AND DEVELOPMENT CONTRACT FOR FOX RUN 5TH ADDITION (89058) Item *9-D MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION NO. 90-145 Councilmember Zitur, to adopt RESOLUTION NO. 90-145 SETTING SETTING CONDITIONS TO CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO THE MPUD BE MET PRIOR TO FILING FINAL PLAT FOR LUNDGREN BROTHERS CONSTRUCTION COMPANY FOR FOX (89058) RUN 5TH ADDITION (89058) (MPUD 83-1). Item *9-D Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-146 ADOPTING ASSESSMENTS, PROJECT NO. 019, WATERMAIN AREA - FOX RUN 5TH ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-147 APPROVING LOT CONSOLIDATION FOR CALIBER DEVELOPMENT CORPORATION (89116). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-148 SETTING CONDITIONS TO BE MET PRIOR TO FILING AND REGARDING LOT CONSOLIDATION FOR CALIBER DEVELOPMENT (89116). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-149 APPROVING MPUD FINAL PLAT AND DEVELOPMENT CONTRACT FOR LUNDGREN BROTHERS CONSTRUCTION COMPANY, INC. FOR STEEPLECHASE 7TH ADDITION (90008) MPUD 83-1). Motion carried on a roll call vote, five ayes. RESOLUTION NO. 90-146 ADOPTING ASSESSMENTS, PROJECT NO. 019 FOX RUN 5TH ADDITION Item *9-D RESOLUTION NO. 90-147 CONSOLIDATION FOR CALIBER DEVELOPMENT CORP. (89116) Item *9-E RESOLUTION NO. 90-148 SETTING CONDITIORS- BE MET PRIOR TO FILING Item *9-E RESOLUTION NO. 90-149 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR STEEPLECHASE 7TH ADDITION (90008) Item *9-F MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION NO. 90-150 Councilmember Zitur, to adopt RESOLUTION NO. 90-150 SETTING SETTING CONDITIONS TO CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO MPUD BE MET PRIOR TO FILING FINAL PLAT FOR LUNDGREN BROTHERS CONSTRUCTION COMPANY FOR (90008) STEEPLECHASE 7TH ADDITION (90008) (MPUD 83-1). Item *9-F Motion carried on a roll call vote, five ayes. Regular Council Meeting February 26, 1990 Page 63 Park Director Blank presented the recommendations of the Park 1990 Park Improvement and Recreation Advisory Commission for 1990 Park Improvement Projects Projects. He explained each project and recommended that the Item 9-G City Council approve the projects and designate consultants. Councilmember Vasiliou stated she was glad to see maintenance costs included in the information presented. She asked what criteria was used to select consultants. Director Blank presented proposals from three consultants for the various projects. He stated each of the firms has prior experience with the City and could satisfactorily do the work. Councilmember Vasiliou stated her concerns that the recommended projects truly reflect the needs of the citizens and address safety issues, as well as be innovative. PRAC Commissioner Rosen responded that PRAC is concerned about lack of citizen participation in the public hearing process. Residents have the opportunity for input, but many aren't using it. Mayor Bergman asked if whether a playfield should be lighted or unlighted will be considered in the study. Director Blank stated yes, estimates will be requested for both options. Councilmember Helliwell stated that some residents near Bass Lake P1 ayfi el d may be opposed to a lighted field. She stated she is in favor of a cultural center, rather than recreation funds all going for sports. The proposed community center was only sports related. Councilmember Helliwell agreed with Commissioner Rosen, stating that she receives minimal citizen input on the parks. Commissioner Rosen stated the proposed community center was intended to serve cultural needs of the community; however, many uses of a cultural nature were eliminated when the previous Council directed that the center was to be self-supporting. Councilmember Vasiliou urged PRAC to be sensitive to the age of children in the neighborhood so equipment is geared toward the users. MOTION was made by Councilmember Zitur, seconded by RESOLUTION NO. 90-151 Councilmember Ricker, to adopt RESOLUTION NO. 90-151 ORDERING ORDERING REPORT, PREPARATION OF PRELIMINARY REPORT, BASS LAKE PLAYFIELD, LAKE PLAYFIELD designating Brauer & Associates as the consultant for the Item 9-G project. Regular Council Meeting February 26, 1990 Page 64 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by RESOLUTION NO. 90-152 Councilmember Ricker, to adopt RESOLUTION NO. 90-152 ORDERING ORDERING REPORT, PREPARATION OF PRELIMINARY REPORT, PARKERS LAKE PLAYFIELD, PARKERS LAKE PLAYFIELD designating Brauer & Associates as the consultant for the Item 9-G project. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by RESOLUTION NO. 90-153 Councilmember Ricker, to adopt RESOLUTION NO. 90-153 APPROVING APPROVING SWAN LAKE SWAN LAKE NEIGHBORHOOD PARK PROJECT, designating Barton -Ashman NEIGHBORHOOD PARK as the consultant for the project. PROJECT Item 9-G Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by RESOLUTION NO. 90-154 Councilmember Ricker, to adopt RESOLUTION NO. 90-154 ORDERING ORDERING REPORT, WEST PREPARATION OF PRELIMINARY REPORT WEST MEDICINE LAKE TRAIL, 18TH MEDICINE LAKE TRAIL AVENUE SOUTH TO RAILROAD TRACKS. Item 9-G Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 90-155 APPROVING 46TH AVENUE TRAIL BETWEEN ZACHARY AND NATHAN LANES. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 90-156 APPROVING IMPROVEMENTS TO EXISTING FACILITIES. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-157 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR INDEPENDENT SCHOOL DISTRICT NO. 284 (WAYZATA) FOR PLYMOUTH CREEK ELEMENTARY SCHOOL 88035). Motion carried on a roll call vote, five ayes. RESOLUTION NO. 90-155 APPROVING 46TH AVENUE TRAIL BETWEEN ZACHARY AND NATHAN LANES Item 9-G RESOLUTION NO. 90-156 APPROVING IMPROVEMENTS TO EXISTING FACILITIES Item 9-G RESOLUTION NO. 90-157 REDUCTION OF L GUARANTEE FOR PLYMOUTH CREEK ELEMENTARY SCHOOL Item *9-H-1 MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION NO. 90-158 Councilmember Zitur, to adopt RESOLUTION NO. 90-158 AUTHORIZING REDUCTION OF FINANML REDUCTION OF SITE PERFORMANCE GUARANTEE FOR INDENPENDENT SCHOOL GUARANTEE FOR GLEASON DISTRICT NO. 284 (WAYZATA) FOR GLEASON LAKE ELEMENTARY SCHOOL LAKE ELEMENTARY SCHOOL 88036). Item *9-H-2 Motion carried on a roll call vote, five ayes. Regular Council Meeting February 26, 1990 Page 65 MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION NO. 90-159 Councilmember Zitur, to adopt RESOLUTION NO. 90-159 DECLARING ACCEPTING PETITION AND ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET ORDERING REPORT, LIGHTING - SUNSET VALLEY HOMES SECOND ADDITION. STREET LIGHTING FOR SUNSET VALLEY HOMES Motion carried on a roll call vote, five ayes. SECOND ADDITION Item *9-I-1 MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION NO. 90-160 Councilmember Zitur, to adopt RESOLUTION NO. 90-160 RECEIVING RECEIVING REPORT AND REPORT AND ORDERING PROJECT STREET LIGHTING, SUNSET VALLEY ORDERING STREET HOMES SECOND ADDITION. LIGHTING FOR SUNSET VALLEY HOMES SECOND Motion carried on a roll call vote, five ayes. ADDITION Item *9-I-1 MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION NO. 90-161 Councilmember Zitur, to adopt RESOLUTION NO. 90-161 DECLARING ACCEPTING PETITION D ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET ORDERING REPORT, LIGHTING - QUAIL RIDGE OF PLYMOUTH 4TH ADDITION. STREET LIGHTING FOR QUAIL RIDGE OF Motion carried on a roll call vote, five ayes. PLYMOUTH 4TH ADDITION Item *9-I-2 MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION NO. 90-162 Councilmember Zitur, to adopt RESOLUTION NO. 90-162 RECEIVING RECEIVING REPORT AND REPORT AND ORDERING PROJECT - STREET LIGHTING, QUAIL RIDGE OF ORDERING STREET PLYMOUTH 4TH ADDITION. LIGHTING, QUAIL RIDGE OF PLYMOUTH 4TH ADDN. Motion carried on a roll call vote, five ayes. Item *9-I-2 MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION NO. 90-163 Councilmember Zitur, to adopt RESOLUTION NO. 90-163 DECLARING RECEIVING PETITION ARD ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET ORDERING REPORT, LIGHTING - HERITAGE WOODS ESTATES SECOND ADDITION. STREET LIGHTING HERITAGE WOODS SECOND Motion carried on a roll call vote, five ayes. ADDITION Item *9-I-3 MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION NO. 90-164 Councilmember Zitur, to adopt RESOLUTION NO. 90-164 RECEIVING RECEIVING REPORT AND REPORT AND ORDERING PROJECT - STREET LIGHTING, HERITAGE WOODS ORDERING STREET ESTATES SECOND ADDITION. LIGHTING, HERITAGE WOODS SECOND ADDITION Motion carried on a roll call vote, five ayes. Item *9-I-3 Councilmember Helliwell stated she could not support state aid Designation of designation of Holly Lane from proposed Schmidt Lake Road to Municipal State Aid Rockford Road. She stated she does not want Schmidt Lake Road Streets to be built and this designation makes reference to the future Item 9-J construction. R Regular Council Meeting February 26, 1990 Page 66 Councilmember Zitur stated that Schmidt Lake Road is needed to accommodate the continuing development in the area. Director Moore stated the City is now five miles below its permitted state aid mileage designation. The designation of Holly Lane would add approximately three miles to the system. The City currently gets about $1 million per year --half is population based and half is based on demonstrated need. Designation of a street does not guarantee that it will be built, and the state aid designation can be removed at any time. Schmidt Lake Road is on the state aid system and that is why Holly Lane is recommended. Councilmember Helliwell asked when Holly Lane construction is anticipated under the Capital Improvement Program. Director Moore said Holly Lane is indicated as Dunkirk Lane construction in the proposed Capital Improvement Program for 1993 construction; however, the Council has been requested by a developer to move this project ahead. Councilmember Vasiliou verified that because the City designates a street for the state aid system, does not necessarily mean the funds must be used for that specific street or are lost. Director Moore stated that was correct. In order to get the funds, the City must award a contract for construction of a municipal state aid road. He gave the example of Fernbrook Lane north of County Road 9. Two years of state aid funds were used for this project. MOTION was made by Councilmember Zitur, seconded by RESOLUTION NO. 90-165 Councilmember Ricker, to adopt RESOLUTION NO. 90-165 ESTABLISHING MUNICIPTL ESTABLISHING MUNICIPAL STATE AID HIGHWAY, Rockford Road from STATE AID STREET Plymouth Blvd. to State Highway 55. Item 9-J Motion carried on a roll call vote, four ayes; Helliwell nay. MOTION was made by. Councilmember Zitur, seconded by RESOLUTION NO. 90-166 Councilmember Ricker, to adopt RESOLUTION NO. 90-166 ESTABLISHING MUNICIPAL ESTABLISHING MUNICIPAL STATE AID HIGHWAY, Holly Lane from STATE AID STREET proposed Schmidt Lake Road to Rockford Road. Item 9-J Motion carried on a roll call vote, four ayes; Helliwell nay. MOTION was made by Councilmember Zitur, seconded by RESOLUTION NO. 90-167 Councilmember Ricker, to adopt RESOLUTION NO. 90-167 ESTABLISHING MUNICIPTL ESTABLISHING MUNICIPAL STATE AID HIGHWAY, Medina Road from STATE AID STREET Dunkirk Lane to County Road 101. Item 9-J Motion carried on a roll call vote, four ayes; Helliwell nay. Regular Council Meeting February 26, 1990 Page 67 MOTION was made by Councilmember Zitur, seconded by RESOLUTION NO. 90-168 Councilmember Ricker, to adopt RESOLUTION NO. 90-168 ESTABLISHING MUNICIPTL ESTABLISHING MUNICIPAL STATE AID HIGHWAY, Dunkirk Lane from STATE AID STREET County Road 24 to proposed Medina Road. Item 9-J Motion carried on a roll call vote, four ayes; Helliwell nay. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-169 AWARDING BID, HARBOR LANE STREET IMPROVEMENTS, CITY PROJECT NO. 912. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-170 ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS, 15TH AVENUE - NORTH OF SOUTH SHORE DRIVE, STREET AND DRAINAGE IMPROVEMENTS, CITY OF PLYMOUTH PROJECT NO. 945. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-171 CALLING FOR HEARING ON IMPROVEMENTS, 1990 STREET RECONSTRUCTION PROGRAM, CITY PROJECT NO. 001. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-172 REDUCING DEVELOPMENT BOND, THE BROCKPAHLER ADDITION (80046). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-173 REDUCING DEVELOPMENT BOND, PARKERS LAKE NORTH 2ND ADDITION (87006). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-174 REDUCING DEVELOPMENT BOND, KUECHLE ADDITION (89033). Motion carried on a roll call vote, five ayes. RESOLUTION NO. 90-169 AWARDING BID, HARBOR LANE IMPROVEMENTS PROJECT NO. 912 Item *9-K RESOLUTION NO. 90-170 ORDERING IMPROVEMENT - 15TH AVENUE NORTH OF SOUTH SHORE DRIVE PROJECT NO. 945 Item *9-L RESOLUTION NO. 90-171 SETTING HEARING ON 1990 STREET RECONSTRUCTION PROGRAM Item *9-M RESOLUTION NO. 90-172 REDUCING DEVELOPMENT BOND, THE BROCKPAHLER ADDITION (80046) Item *9-N-1 RESOLUTION NO. 90-173 REDUCING T BOND, PARKERS LAKE NORTH 2ND ADDITION 87006) Item *9-N-2 RESOLUTION NO. 90-174 REDUCING DEVELOPMENT BOND, KUECHLE ADDITION 89033) Item *9-N-3 1 I Regular Council Meeting February 26, 1990 Page 68 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-175 REDUCING DEVELOPMENT BOND, DEERHAVEN THIRD ADDITION (89105). Motion carried on a roll call vote, five ayes. Councilmember Vasiliou asked if the inspection concerns noted by the Council at a recent study session are included in the engineering agreements for 1990 construction projects. Director Moore responded that these agreements are for engineering services. Direction will be given to the consulting engineer to address the Council's concerns in the construction contract for each project. RESOLUTION NO. 90-175 REDUCING D MPNENT BOND, DEERHAVEN THIRD ADDITION (89105) Item *9-N-4 MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION NO. 90-176 Councilmember Zitur, to adopt RESOLUTION NO. 90-176 APPROVING APPROVING ENGINEERING ENGINEERING SERVICES AGREEMENT, DONOHUE AND ASSOCIATES, MEDINA AGREEMENT, PROJECT 010 ROAD - STREET AND UTILITIES, CITY PROJECT NO. 010. Item 9-0-1 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION NO. 90-177 Councilmember Zitur, to adopt RESOLUTION NO. 90-177 APPROVING APPROVING ENGINE RIE ENGINEERING SERVICES AGREEMENT, RIEKE, CARROLL, MULLER AGREEMENT, PROJECT 012 ASSOCIATES, INC., COUNTY ROAD 101/COUNTY ROAD 9 TRUNK WATERMAIN, Item 9-0-2 CITY PROJECT NO. 012. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION NO. 90-178 Councilmember Zitur, to adopt RESOLUTION NO. 90-178 APPROVING APPROVING ENGINEERING ENGINEERING SERVICES AGREEMENT, SCHOELL AND MADSON, INC., AGREEMENT, PROJECT 015 NORTHCENTRAL TRUNK SANITARY SEWER, CITY PROJECT NO. 015. Item 9-0-3 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION NO. 90-179 Councilmember Zitur, to adopt RESOLUTION NO. 90-179 APPROVING APPROVING ENGINEERIW ENGINEERING SERVICES AGREEMENT, JAMES M. MONTGOMERY, POND BC -P1, AGREEMENT, PROJECT 016 CITY PROJECT NO. 016. Item 9-0-4 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION NO. 90-180 Councilmember Zitur, to adopt RESOLUTION NO. 90-180 MODIFICATION MODIFICATION 0 OF PAYMENT SCHEDULE, LEVY NOS. 11127 AND 11129. PAYMENT SCHEDULE, LEVY NOS. 11127 AND 11129 Motion carried on a roll call vote, five ayes. Item *9-P Regular Council Meeting February 26, 1990 Page 69 L MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION NO. 90-181 Councilmember Zitur, to adopt RESOLUTION NO. 90-181 ORDERING ORDERING PLANS FOR PLANS AND SPECIFICATIONS, VINEWOOD LANE/COUNTY ROAD 9 AREA VINEWOOD LANE/C.R. 9 IMPROVEMENTS, CITY PROJECT NO. 948. AREA IMPROVEMENTS PROJECT 948 Motion carried on a roll call vote, five ayes. Item *9-Q Sherman Goldberg appeared on behalf of Hans Hagen requesting Request for Payment payment for oversized watermain within the Harbor Place for Utility Oversizing Addition. Hans Hagen - Harbor Place Addition Manager Willis explained the staff position that the Item 9-R responsibility to install the sewer and water services is that of the developer and not of a purchaser of the lots. He recommended that the financial guarantee needs to be reestablished prior to the City releasing payment for utility oversizing. Mr. Goldberg stated that the new property owner is willing to submit an assessment waiver and agree to be assessed for the services. Manager Willis stated that when the waiver is received, the City will release payment for the utility oversizing. MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION NO. 90-182 Councilmember Zitur, to adopt RESOLUTION NO. 90-182 APPROVING APPROVING DISBURSEMENTS FOR THE PERIOD ENDING JANUARY 31, 1990. DISBURSEMENTS FOR PERIOD ENDING 1-31-90 Motion carried on a roll call vote, five ayes. Item *9-S MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION NO. 90-183 Councilmember Zitur, to adopt RESOLUTION NO. 90-183 APPROVING APPROVING 1990 THE 1990 FACILITY RENTAL POLICIES AND FEE SCHEDULES. FACILITY RENTAL POLICIES Motion carried on a roll call vote, five ayes. Item *9-T Manager Willis presented a status report on the Hennepin County Report on Hennepin proposal for yard waste disposal. County Proposal for Yard Waste Disposal MOTION was made by Councilmember Vasiliou, seconded by Item 9-U Councilmember Zitur, to accept the report. Motion carried, five ayes. Manager Willis recommended that the Council authorize two additional sworn personnel for the Police Department effective immediately. He stated that one of the two officers would provide the opportunity of freeing Lieutenant Paulson to concentrate solely on the National Accreditation program. The Regular Council Meeting February 26, 1990 Page 70 second individual would provide a fill-in for a police investigator who is currently disabled and is not expected to return to duty for some time. MOTION was made by Councilmember Zitur, seconded by RESOLUTION NO. 90-184 Councilmember Vasiliou, to adopt RESOLUTION NO. 90-184 ADDITION ADDI ION OF WO SWORN OF TWO SWORN POSITIONS TO THE POLICE DEPARTMENT. POLICE OFFICERS Item 9-V Mayor Bergman asked if additional officers would be needed in 1991 if the D.A.R.E. Program is expanded. Public Safety Director Carlquist stated two more officers would likely be needed if D.A.R.E. services were extended to the five additional elementary schools in Plymouth (includes Sunny Hollow). Mayor Bergman asked what efforts are anticipated to address the drug problem. Director Carlquist stated currently Hennepin County, State of Minnesota, or Drug Enforcement Agency is called for assistance in large narcotics investigations. He stated he supports problem oriented policing (POP) and proactive efforts to address the drug problem in Plymouth. The department is already using proactive policing through the D.A.R.E. Program, Domestic Abuse Program, Youth Service Officer, and Community Relations Officer. Councilmember Zitur stated that a city-wide task force is needed to battle the war on drugs in Plymouth. Councilmember Vasiliou asked if more emphasis should be placed on the users, as recommended by Senator McGowan. Director Carlquist stated yes, and drug treatment resources and education efforts need to be expanded. Motion carried on a roll call vote, five ayes. Director Blank requested direction from the Council regarding Public Trail connection of the trail between Steeplechase 3rd Addition and Connection from Chelsea Mews. He stated that the Chelsea Mews Association does Steeplechase 3rd not want to connect to the public trail system; however, there Addition to Chelsea is a safety concern. The area is heavily wooded and children Mews coming out of the woods may not be seen by passing traffic. Item 9-W Easements would need to be secured to connect the 30' section of trail. Regular Council Meeting February 26, 1990 Page 71 MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to direct staff to try to secure an easement from the Chelsea Mews Association to build the 30' of trail as recommended. Staff is to deal with representatives of the homeowners' association. Motion carried, five ayes. Manager Willis presented a report on Minnesota State Lottery issues. He asked if the Council desires to consider any action to regulate lottery retailers through the zoning ordinance, or whether the City Attorney should seek an attorney general's opinion regarding a possible inconsistent between the state statute and city code prohibiting gambling in liquor establishments. Attorney Thomson stated the statute is clear that cities cannot license lottery retailers; however, cities have broad discretion in regulating liquor establishments and may be able to restrict lottery sales in liquor establishments. Councilmember Ricker asked if anyone had contacted the League of Minnesota Cities (LMC) for direction. Attorney Thomson stated he had, and the LMC attorney agreed it is unclear to what extent a city can regulate the lottery. Councilmember Helliwell stated that liquor establishments are an appropriate place for sales to occur, along with grocery and convenience stores, and the ordinance should be amended to allow for that use. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to direct the City Attorney to draft a City code amendment which would not prohibit lottery activities in liquor establishments. MOTION carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-185 APPROVING TAXICAB LICENSE FOR 1990 FOR TRAVEL EXPRESS TAXI. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-186 APPROVING TAXI DRIVER LICENSE FOR 1990. Motion carried on a roll call vote, five ayes. Minnesota Lottery Issues Item 9-X RESOLUTION NO. 90-185 APPROVING TAXICAB LICENSE FOR TRAVEL EXPRESS TAXI Item *9-Y RESOLUTION NO. 90-186 APPROVING TAXI DRIVEIT LICENSE FOR FEREYDOUM BEHNAM FOR 1990 Item *9-Y f Regular Council Meeting February 26, 1990 Page 72 Councilmember Vasiliou stated there are several private streets in the City that are maintained, repaired, and replaced at the expense of the affected homeowners. Staff has prepared a report on the number and location of private streets. Councilmember Vasiliou stated that for the property taxes residents pay, they should receive like benefits, and the City should find a way to take over the costs for these private streets. Councilmember Ricker agreed that similar services should be provided to all residents, but stated concern that all private streets are not built to City standards. The City's cost to maintain these private streets could be greater than the public streets. He suggested the issue be referred to the Special Assessment Committee for consideration. Councilmember Zitur stated he would also like the Special Assessment Committee to reevaluate the 70%-City/30%-Resident street reconstruction cost split. He stated that even paying only 30% of the costs, some residents do not want their street reconstructed. He suggested a petition process, similar to the current street lighting process. Councilmember Ricker stated that the safety of all residents needs to be considered. In some cases, residents may not want reconstruction, but it is needed for safety. He stated the City should require future private streets to be constructed to City standards if the City is going to assume maintenance/replacement responsibilities. Councilmember Vasiliou stated this policy should then be shared with the Development Council. The issues discussed by the Council relating to private streets was referred to the Special Assessment Committee for consideration. Manager Willis reported that new information has been provided by the Fire Department that the City's self-contained breathing equipment may not be safe to protect the fire fighters. The estimated cost for new equipment is $195,000. Manager Willis recommended that purchase of the equipment be authorized, with 178,000 from the general fund surplus and $17,300 from the 1990 Fire Department Capital Outlay Budget. Manager Willis stated the Fire Department Truck Committee has also concluded that the department needs two "Tele -squirts." These trucks are quoted at approximately $265,000 each. The Equipment Center Budget includes the replacement of the existing pumper truck at $175,000. Therefore, if the decision is made to proceed with the purchase of a "Tele -squirt", an additional Private Streets Item 10-A Fire Department Equipment Requests Item 10-B Regular Council Meeting February 26, 1990 Page 73 t 90,000 will be required. This budgetary shortfall could be covered with additional appropriation of $90,000 in the 1991 General Fund Budget. If the Council elects to proceed, he recommended that only one "Tele -squirt" be purchased at this time and that the balance of the estimated costs be appropriated in the 1991 Capital Budget of the Fire Department. Because of the manufacturing lead time required, there would be no difficulty with providing the additional funding in 1991. Manager Willis stated the second "Tele -squirt" would replace Pumper No. 8, a 1970 Mack truck. He recommended that the Council not proceed with the second "Tele -squirt" purchase because the Public Works Superintendent advises that the truck has a number of years of useful life left. Councilmember Ricker asked why this equipment was not included in the regular budget process. He stated that a City cannot be fiscally responsible if it cannot maintain the integrity of the budget cycle. Councilmember Vasiliou agreed that the integrity of the budget process must be maintained; however, stated she would consider the requests because they were public safety related. She suggested that the Council could authorize the breathing equipment and one "Tele -squirt" now and consider the second Tele -squirt" in the 1991 budget process. Councilmember Ricker stated he is not opposed to these items. It is the timing of the requests and the affects on the budget process he is concerned with. Mayor Bergman commended the fire fighters for the amount of time and effort they had put into their recommendation. He stated that the "Tele -squirt" unit would be ideal for Plymouth because it is accessible and useful in 2-3 story fires. Mayor Bergman stated that the equipment proposed for replacement, should have been replaced some time ago. If the purchase of fire trucks is going to be moved back another year, an inflation factor needs to be included in the cost estimate. Representatives of the Fire Department Truck Committee described the "Tele -squirt" trucks. They stated that about every six months there is an automatic price increase in fire equipment, and that the City could save money by purchasing two trucks rather than only one at this time. Fire Chief Robinson stated that operationally the "Tele -Squirt" offers advantages for fighting almost any type of fire. He noted other communities that currently have the equipment. Chief Robinson stated the cost of the units could be taken from three years' budgets, due to the extended delivery time. Regular Council Meeting February 26, 1990 Page 74 I Councilmember Ricker questioned whether the breathing equipment was an "emergency". He asked why Public Safety personnel had not requested replacement of the defective equipment previously, noting that other communities are involved in self-contained breathing equipment replacement programs. Other communities apparently knew about the problem, why didn't Plymouth? Brad Johnson, Assistant Fire Chief, stated that the Fire Department had to budget to have the testing done and then get the equipment for the testing. Director Carlquist confirmed that the testing equipment was not available until December, 1989, well after the budget was approved. Mayor Bergman stated two "Tele -squirts" are needed to serve all areas of the City equally. He stated the Fire Department made the request for two units some time ago, and the Council should have been made aware of it. Councilmember Helliwell stated if the Council is inclined to approve two "Tele -squirts", it should be done now to take advantage of any cost savings by purchasing two units. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to authorize purchase of self-contained breathing equipment in accordance with the Manager's recommendation, and one "Tele -squirt", with $175,000 appropriated from 1990 Equipment Center Replacement and $90,000 from the 1991 Fire Department Capital Budget. Motion to amend the main motion was made by Councilmember Vasiliou, seconded by Councilmember Helliwell, to authorize the purchase of two "Tele -squirts", in addition to the self-contained breathing equipment, and to budget the cost over three years. Manager Willis suggested bidding options for one truck or two trucks to determine if there is a cost advantage. The Council could then choose to purchase a second truck. All motions were removed from the table by all makers and seconds. Regular Council Meeting February 26, 1990 Page 75 i MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 90-187 AUTHORIZING ADVERTISEMENT FOR BIDS FOR SELF-CONTAINED BREATHING EQUIPMENT with funding in accordance with the City Manager's recommendation. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 90-188 AUTHORIZING ADVERTISEMENT FOR BIDS FOR "TELE -SQUIRTS", optional bids are to be requested for one truck or two, with funding for one truck of 175,000 appropriated from the 1990 Central Equipent Fund and 90,000 from the 1991 Fire Department Capital Budget; and funding for the second truck to be determined after bids are received. Motion carried on a roll call vote, five ayes. RESOLUTION NO. 90-187 AUTHORIZING ADVERTISEMENT FOR BIDS FOR SELF-CONTAINED BREATHING EQUIPMENT Item 10-B RESOLUTION NO. 90-188 ADVERTISEMENT FOR BIDS FOR TWO TELE -SQUIRTS Item 10-B Manager Willis requested that the Council review the policy Distribution of regarding communications among councilmembers and between the Council Mail Council and staff, and provide direction on whether modification Item 10-C to either the policy or manner in which the policy is being carried out should be made. Councilmember Vasiliou stated this issue should be discussed at the same time as the City Manager's goals. She stated she continues to have a concern about distribution of information. Manager Willis noted that Councilmembers receive a good deal of correspondence that is not shared via the Informational Memorandum because staff has been directed to not open Council mail. Mayor Bergman provided direction for staff to open his mail. Councilmember Zitur suggested that a facilitator be retained to assist with the meeting on the Manager's goals and objectives. Mayor Bergman asked Councilmembers to bring their individual list of proposed objectives to the March 19 council meeting. The Council received the Public and Capital Improvement Project Project Status Status Report. Report Item 10-D Manager Willis noted that Plymouth's state senators and Legislative Update representatives had provided a legislative update at the council Item 10-E study session. Regular Council Meeting February 26, 1990 Page 76 Councilmember Zitur noted a problem he reported through the CCR Reports Informational Memorandum at 28th and Evergreen, and reported on a number of meetings he had attended on behalf of the City. He suggested various articles to be included in the Plymouth News. Mayor Bergman requested newsletter topics and drafts be submitted to staff for consideration. Councilmember Ricker stated that the City Manager was directed Legal Services at the last Council meeting to provide a recommendation for legal services on March 5. He stated concern that the selection process has not been open and the public does not know what, if any, the concerns are with the current legal services. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to schedule a study session with the City Attorney to discuss problems or concerns with the provision of legal services to the City. Councilmember Ricker stated he is not aware of any reasons the present legal service is not sufficient. Councilmember Vasiliou stated she had met with the City Attorney following the last election. Councilmember Ricker stated the discussion needs to be among the Council and in a public setting. Motion carried on a roll call vote, four ayes; Vasiliou nay. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, that the study session with the City Attorney be held at 9:00 a.m. on Tuesday, March 6. Motion carried, five ayes. Mayor Bergman asked that the City Attorney provide an opinion to the Council on the Council making derogatory comments about people at public sessions. Attorney Thomson briefly stated that Councilmembers, along with everyone else, have first amendment rights to free speech, as long as defamatory remarks are not made. Whether these types of remarks are good or in the public interest is a policy question; not a legal question. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to direct the City Manager to retain an outside consultant, to be approved by the City Council, to evaluate the proposals that have been received for legal services. Regular Council Meeting February 26, 1990 Page 77 Mayor Bergman stated consultants are retained much too often. Motion failed on a roll call vote, Zitur and Ricker ayes; Vasiliou, Helliwell and Bergman nays. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to authorize the City Manager to prepare Request for Proposals for legal services in order to open the process for competitive procurement. Motion carried on a roll call vote, Ricker, Zitur, and Helliwell ayes; Vasiliou and Bergman nays. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to delay Council consideration of legal services until after March 19 to allow time for receipt and review of proposals. Motion carried on a roll call vote, Helliwell, Zitur, and Ricker ayes; Vasiliou and Bergman nays. Councilmember Helliwell provided an article on wetlands which she requested be provided to all Councilmembers. There being no further business, the meeting was adjourned at 11:26 p.m. Ci ty Cl e r MEMO q- A CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: February 28, 1990 For City Council Meeting of March 5, 1990 TO: James G. Willis, City Manager FROM: Community Development Coordinator Charles lerud through Community Development Director Blair re SUBJECT: STEVEN A. BURK. LOT DIVISION/CONSOLIDATION OF PLATTED PROPERTY AT 11775 40TH PLACE NORTH (90007) (RPUD 76-1) ACTION REQUESTED: Adopt the attached resolutions providing for approval of the requested lot division/consolidation; and setting conditions prior to recording of the approval resolution with Hennepin County. BACKGROUND: The petitioner proposes to detach a narrow slice of property (2.5 to 8 feet in width) along a common property line between two lots of the Mission Trails Development and attach that same narrow slice of property to the adjoining lot. The area of the land being transferred from one lot to the other is approximately 500 square feet. The action will reduce the southerly lot (Lot 12) from 14,600 square feet to 14,100 square feet; and increase the size of the northerly lot (Lot 4) from 16,350 square feet to 16,850 square feet. Both lots will remain well in excess of the PUD minimum lot size for the Mission Trails Development of 13,100 square feet. Following a boundary survey to reestablish the stakes, it has been determined that landscaping has been installed by the owner of Lot 4 (Mr. Burk) that encroaches up to 8 feet onto the legal premises of Lot 12. Rather than relocate landscaping, it has been decided by the adjoining property owners to instead request adjustment of the property line to reflect the reality of where the landscaping is actually located. The Development Review Committee has reviewed this proposal for consistency with the approved PUD Plan for Mission Trails and the provisions of City Council Resolution 83-125 regarding the review of Final PUD Plans. Those same provisions would be applicable to a lot division/consolidation as here proposed. The Development Review Committee recommends approval of the division as proposed. see next page) File 90007 Page Two RECOMMENDATIONS AND CONCLUSIONS: I hereby recommend adoption of the attached resolutions providing for the approval of a lot division/consolidation involving two adjoining lots; and a resolution providing for conditions to be met prior to recording of the approval resolution with Hennepin County. Attachments: 1. Resolution Approving Lot Division/Consolidation 2. Resolution Setting Conditions Prior to Filing 3. Engineer's Memorandum 4. Location Map 5. Plat Graphics cc/cd/90007:dl) CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: The following members were absent: moved its adoption: introduced the following Resolution and RESOLUTION 90 - APPROVING LOT DIVISION/CONSOLIDATION FOR STEVEN A. BURK (90007) (RPUD 76-1) WHEREAS, Steven A. Burk has requested approval for a lot division/consolidation for the creation of a common property line between two lots (Lots 4 and 12) of the Mission Trails Development located at 11775 40th Place 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 lot division/consolidation for Steven A. Burk for the Mission Trails Development located at 11775 40th Place North. EXISTING LEGAL DESCRIPTIONS PARCEL A Lot 4, Block 1, Mission Trails, Hennepin County, Minnesota PARE B Lot 12, Block 1, Mission Trails, Hennepin County, Minnesota To be divided and consolidated as follows: PARCEL A Lot 12, Block 1, Mission Trails, according to the recorded plat thereof, except that part which lies northwesterly of the following described line: Beginning at a point on the southwesterly line of said Lot 12 distant 2.50 feet southeasterly of the most westerly corner of said Lot 12; thence northeasterly to a point on the northeasterly line of said Lot 12 distant 8.00 feet southeasterly of the most northerly corner of said Lot 12, and said line there terminating. see next page) File 90007 Page Two PARCEL Lot 4, Block 1, Mission Trails, according to the recorded plat thereof, and that part of Lot 12, Block 1 of said Mission Trails, which lies northwesterly of the following described line: Beginning at a point on the southwesterly line of said Lot 12 distant 2.50 feet southwesterly of the most westerly corner of said Lot 12; thence northeasterly to a point on the northeasterly line of said Lot 12 distant 8.00 feet southeasterly of the most northerly corner of said Lot 12, and said line there terminating. FURTHER, that the City Manager be authorized to make the necessary special assessment corrections based upon City Policy when the division/consolidation is approved by Hennepin County. The by_ the motion for adoption of the foregoing Resolution was duly seconded and upon vote being taken thereon, following voted in favor thereof: The following voted against or abstained Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: The following members were absent: moved its adoption: introduced the following Resolution and RESOLUTION 90 - SETTING CONDITIONS TO BE MET PRIOR TO FILING AND REGARDING LOT DIVISION/CONSOLIDATION FOR STEVEN A. BURK (90007) (RPUD 79-2) WHEREAS, the City Council has approved a lot division/consolidation for Steven A. Burk for Mission Trails Development regarding Lots 4 and 12; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does direct the following conditions to be met prior to filing of and regarding said division/consolidation: 1. Compliance with the City Engineer's Memorandum. 2. No yard setback variances are granted or implied. 3. Submittal of all necessary utility easements prior to filing with Hennepin County. 4. Compliance with applicable terms and conditions of resolutions approving the Preliminary Plan/Plat and Final Plan/Plat of RPUD 79-2 and Mission Trails. The motion for adoption of the foregoing Resolution was duly seconded by , and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained Whereupon the Resolution was declared duly passed and adopted. City of Plymouth E N G I N E E R' S M E M O to Planning Commission & City Council DATE: February 28, 1990 FILE NO.: 90007 PETITIONER: Mr. Steven A. Burk, 11775 40th P1. N., Plymouth, Mn. 55441 LOT DIVISION/CONSOLIDATION:LOTS 4 & 12 BLOCK 1 MISSION TRAILS LOCATION: 11775 40th Pl. N. 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. 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 Lot Division/Consolidation approval: 4. Area assessments: None. 5. Other additional assessments estimated: None. 6. _ _ X Complies with standard utility/drainage easements - The current City ordinance requires utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. (If easements are required, it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) A six foot drainage and utility easement will be required over the new westerly lot line of Lot 12, Block 1. N/A Yes No 7. 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 Drainage Plan. 8. x _ Conforms with City policy regarding minimum basement elevations - Minimum basement elevations must be established for the following lots: 9. X _ All standard utility easements required for construction The following easements will be required for construction of utilities 10. 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 vacation is not an automatic process in conjunction with the platting process. It is entirely dependent upon the City receiving a petition for the vacation from the property owner; therefore, it is their responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 11. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 12. _ _Y_ All existing street rights-of-way are required width - Additional right-of-way will be required on A - Submitted by: eoJ`ti Daniel L. Faulkner, P. E. City Engineer N SO W - MAD m r 4 49O byte 2626.39' RES. ,..5.n• 85.75 In 3 p Is. 1 765' Seo•«•E _ IA_ 62) y e . e b as ~ e as O m- .(IS) S I01 b 6k 7 DD aei - s 7 e e ro 7 s - ° eltso) s (.t) - z5. 6o M1c7s) . (38> (39 }b. 7 a (.l) _ a) « (. 61) fTJ C Ze oda A.i A.f6 7 i 7Q..GC, t!r I r of 1y6 ISD' _' i-t/l ' i.e) E51 I.Q,66 1• •. '.••' n\ wS I1n. 66' Se) may. 4ti (82) ` V s Y . k g J. zs ar. a b. . (•2)- UU- e ti ' IJ 0. (••1 lo) '(N) ) 7 - fa0), 11 •. r eES7 b. <.5I1..11. ya 1! 2 • e e " M,Kph •b. 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( 61 s n . oo . 11 a ss f i 1.o. oo It !. n 8 ` ^ 55 ea il.eb t• • o , $ µe 17 ro 7. o in - A 8 (ii) iwt n (36) A • 7 • •• 'y a b (67)_ (68) (69) s i!8 (31) '+ (m - - - (35) - (3) ( 9)lool Baer , m 7 .,7. - - 1N 48 1 1 im 74 1 1 I I__IsLo$ sot.6e• AYEDoc. 4T3w I16i. 79' 7o. OOC. .7T 39- to'. 361H AVE N `. 40TH PLACE $ o N h v NORTH lea V1 A t" N0 __ FAY; Ir I " T T 2F IF ry • 1 L — I 303`• \, '' ice , s 2 < Lot 4, Block 1, MISSION TRAILS, according to the recorded plat thereof, and that part of Lot 12, Block 1 of said MISSION TRAILS, which lies northwesterly of the following described line: Beginning at a point on the southwesterly line of said Lot 12 distant 2.50 feet southwesterly of the most westerly corner of said Lot 12; thence northeasterly to a point on the northeasterly line of said Lot 12 distant 8.00 feet southeasterly of the most northerly corner of said Lot 12, and, said line there terminating. REV Is ED 1-7-89 sac, SCALE / Eq5 SUq '11= /Ifs M.M.M0 SATHRE-BERGOUIST, INC. ooK ACE W N 106 SOUTH BROADWAY • WAYZATA, MN 55391 FILE n0. TELEPHONE 612.176.6000 -7 F LOT DIVISION PREPARED FOR: I lY ,71 L • M• ' • t Cck"Alo 46 Z 80 IV vF v 47 0 ti1 L • J \ \ 011*1 0 lv v \ L IV O Lot 12, Block 1, MISSION TRAILS, according to the recorded plat thereof, except that part which lies northwesterly of the following described line: Beginning at a point on the southwesterly line of said Lot 12 distant 2.50 feet southeasterly of the most westerly corner of said Lot 12; thence northeasterly to a point on the northeasterly line of said Lot 12 distant 8.00 feet southeasterly of the most northerly corner of said Lot 12, and , Q said line there terminating. . SCALE 111-40 LOT DIVISION W ? SATHRE-BERGOUIST, INC. BOOK PAGE PREPARED FOR: i 106 SOUTH BROADWAY • WAYZATA, MN 55391 LJ g1 BROS. OONST2=ON, IM- PILE NO. TELEPHONE 612.476-6000 5 oo-75 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 9-s DATE: February 28, 1990 For City Council Meeting of March 5, 1990 TO: James G. Willis, City Manager FROM: Community Development Coordinator Charl sY)illerud through Community Development Director Blair Tremere SUBJECT: LUNDGREN BROTHERS CONSTRUCTION, INC. FINAL PLAT AND DEVELOPMENT CONTRACT FOR "BAY POINTE ON MOONEY LAKE" LOCATED OFF THE SOUTH END OF BROCKTON LANE AND OFF THE WEST END OF 25TH AVENUE NORTH 89005) ACTION REQUESTED: Adopt the attached resolutions providing for the approval of the Final Plat and Development Contract; Setting Conditions Prior to Recording of the Final Plat; and Adopting Assessments. A Development Contract has been prepared by staff and mailed to the petitioner. The petitioner has returned the contract executed. BACKGROUND: A conventional preliminary plat for the development of this 24 acre parcel into 39 single family detached residential building lots was approved by City Council Resolution 89-285 on June 5, 1989. Of the 16 conditions attached to the plat one of the most significant was for the completion of environmental reviews prior to approval of the final plat. A DNR permit was required to accomplish the grading plan that was proposed for the plat because a DNR protected wetland was proposed to be altered in the execution of that grading plan. Generally, the grading proposed to deepen an existing portion of Mooney Lake to provide an open water environment to replace an existing marsh land environment. While no wetland was proposed to be encroached upon, over an acre of wetland was proposed to be altered as to the class of wetland. see next page) File 89005 Page Two Since over one acre of DNR protected wetland was proposed to be altered by the DNR permit, an Environmental Assessment Worksheet was required under the rules of the Environmental Quality Board. That Environmental Assessment Worksheet was prepared and distributed by the City to the various state and federal agencies that are charged with the oversight in the EAW process. Following that review and comment, the City Council, on November 6, 1989, adopted finding of "no need" for an Environmental Impact Statement by Resolution 89-690. PRIMARY ISSUES AND ANALYSIS: On December 13, 1989, the Minnesota DNR issued Permit Number 89-6374 which essentially allows Lundgren Brothers Construction Company to execute the grading plan proposed by the preliminary plat. A condition of the permit is that Lundgren Brothers Construction Company create a wetland enhancement area" as mitigation for the deepening for the portion of Mooney Lake that has been requested. In addition, Lundgren Brothers Construction Company is required to provide a covenant on all lots that adjoin the lake that no additional degradation of the wetland environment take place by private parties. The Development Review Committee finds the proposed final plat consistent with the approved preliminary plat and the provisions of City Council Resolution 83-125 regarding the review and processing of final plats. RECOMMENDATIONS AND CONCLUSIONS: I hereby recommend approval of the Final Plat and Development Contract. Attachments: 1. Resolution Approving Final Plat and Development Contract 2. Resolution Setting Conditions Prior to Filing 3. Resolution Adopting Assessments 4. Development Contract 5. Engineer's Memo 6. Location Map 7. Final Plat 8. Approved Preliminary Plat 9. City Council Resolution 89-285 10. Resolution 89-690 Declaring Statement 11. DNR Permit 89-6374 cc/cd/89005.2:jw) Approving Preliminary Plat No Need" for an Environmental Impact CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION 90 - APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR LUNDGREN BROTHERS CONSTRUCTION, INC. (89005) WHEREAS, Lundgren Brothers Construction has requested approval for Final Plat for Bay Pointe on Mooney Lake located off the south end of Brockton Lane and off the west end of 25th Avenue 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 Lundgren Brothers Construction, Inc. for Bay Pointe on Mooney Lake located off the south end of Brockton Lane and off the west end of 25th Avenue North; and, FURTHER, that the Development Contract for said plat be approved, and that the Mayor and City Manager be authorized to execute the Development Contract on behalf of the City. The motion for adoption of the foregoing Resolution was duly seconded by , and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: The following members were absent: moved its adoption: introduced the following Resolution and RESOLUTION 90 - SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR LUNDGREN BROTHERS CONSTRUCTION, INC. (89005) WHEREAS, the City Council has approved the Final Plat and Development Contract for Lundgren Brothers Construction, Inc. for Bay Pointe on Mooney Lake located off the south end of Brockton Lane and off the west end of 25th Avenue 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 with appropriate credits in an amount determined according to verified acreage and paving costs and according to the Dedication Policy in effect at the time of filing the Final Plat. 3. No Building Permits shall be issued until a contract has been awarded for the construction of municipal sewer and water. 4. Removal of all dead or dying trees from the property at the owner's expense. 5. All existing structures on Lot 2, Block 4 with the exception of the house, most southerly shed, kennel, garage, workshop and gazebo shall be removed within twelve months of Final Plat approval. There shall be no commercial operation conducted from any of the existing structures which will remain on the lot. 6. Compliance with Policy Resolution 79-80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 7. No yard setback variances are granted or implied. see next page) Resolution No. File 89005 Page Two 8. Submittal of required utility and drainage easements as approved by the City Engineer prior to filing the Final Plat. 9. No building permits to be issued until the Final Plat is filed and recorded with Hennepin County. 10. The Development Contract as approved by the City Council shall be fully executed prior to release of the Final Plat. 11. Outlots A, B, and C shall be deeded to the City prior to filing the Final Plat with Hennepin County. 12. The developer shall construct an asphalt trail to City specifications within the entire length of Outlots A, B, and C with the first phase of development. No houses shall be occupied until the trail construction is complete. Trail location including field location within the outlots shall be approved prior to construction by the Director of Parks and Recreation as to consistency with provisions of Resolution No. 89-285, Condition 15. 13. Outlots E and F shall be deeded to the Homeowner's Association prior to issuance of any building permits in the plat. Improvements to these outlots per the approved plans shall be completed, by City determination, prior to issuance of building permits to adjoining lots. 14. Outlot D shall be conveyed to the adjoining property owner in Medina subject to a covenant providing that the exclusive use shall be private driveway purposes to a single parcel. 15. Minimum yard setbacks shall be 35 feet for the front yards, 15 feet and 15 feet for the side yards and 25 feet for the rear yard. Setback from the ordinary high water level of Mooney Lake shall be 75 feet minimum per Shoreland Overlay District standards. 16. Appropriate legal documents regarding Homeowner Association documents, covenants and restrictions, shall be filed with the Final Plat. The covenants shall include provisions that no private docks be allowed for lots of this subdivision and that there be no individual private lot work undertaken in wetland areas. The covenants shall give the City of Plymouth the right of enforcement and maintenance as a beneficiary to those covenants. 17. Approval shall be subject to receipt of Minnehaha Creek Watershed, State and Federal permits, as required. see next page) Resolution No. File 89005 Page Three 18. If Lot 2, Block 4 is subdivided in the future in accordance with the preliminary plat, the front setback shall be sufficient to provide a 110 foot lot width at the setback line. 19. The Developer shall comply with those provisions of City Council Resolution No. 89-439 that apply. The motion for adoption of the foregoing Resolution was duly seconded by , and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a City of Plymouth, Minnesota was held on the day of 1990. The following members were present: The following members were absent: adoption: meeting of the City Council of the introduced the following Resolution and moved its RESOLUTION NO. 90 - ADOPTING ASSESSMENTS PROJECT NO 020 WATERMAIN AREA - BAY POINTE ON MOONEY LAKE q WHEREAS, in conformance with the development contract, we have received a Waiver of Assessment Hearing from the property owner of Bay Pointe on Mooney Lake waiving their right to special assessment hearings covering the installation of water trunk facilities and all other appurtenances; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January 1991, 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, 1991. 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 $38,236. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. I 1. SPECIAL CONDITIONS FOR SUBDIVISION DEVELOPMENT CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA SCOPE OF WORK The Developer shall provide the City with plans and specifications for the construction of the following for the plat of Bay Pointe on Mooney Lake . 1. Streets 2. Sanitary Sewer 3. Watermain 4. Storm Drainage Facilities (pipe, water, ponds, etc.) 5. Grading and Erosion Control 6. Miscellaneous Facilities 1.2 Said plans and specifications shall be prepared by a Registered Professional Engineer subject to review and written approval by the City Engineer. They shall be prepared in accordance with the Manual of Engineering Guidelines, City of Plymouth Engineering Department." This manual outlines City standard materials, drawings and procedures which shall be adhered to for the above mentioned plat. 1.3 Changes in plans for the purpose of saving trees and other desirable features on private property and on streets will be permitted, providing revised plans and specifications are submitted and approved in writing by the City Engineer prior to the making of any contemplated change. In the event changes are made which affect occupied residences, such changes shall be discussed with the affected owner and their approval secured in writing. 2. STREETS 2.1 General The following streets are to be constructed by the Developer to City Standards including concrete curb and gutter: a. Residential Streets Thirty-two (32') wide face to face curb, seven ton design with concrete curb and gutter design Standard Surmountable in conformance with City Standard Plate No. STRT-2 24th Avenue 25th Avenue Brockton Lane Zircon Lane 6 - 2. STREETS (continued) b. Collector and/or Thoroughfare Streets feet wide face to face curb, nine ton design with concrete curb and gutter design B-618 in conformance with Standard Plate No. None 2.2 Sub -grade Unsuitable soil shall be excavated within three feet (3') of sub -grade. The Developer shall furnish a complete soils report which shall include recommendations as to the sub -grade correction, etc. 2.3 Sub -base Shall be constructed in accordance with the typical section shown on the approved plans. 2.4 Base Shall be constructed in accordance with the typical section shown on the approved plans. 2.5 Surfacing Shall be constructed in accordance with the typical section shown on the approved plans. 3. UTILITIES 3.1 Sanitary Sewer Shall be constructed in accordance with the approved plans and specifications; and the City Master Sanitary Sewer Plan adopted November 15, 1982. 3.2 Storm Sewer Storm sewer as well as all drainage ways and ponds shall be constructed in accordance with the approved plans and specifications and shall conform to the City of Plymouth Master Storm Drainage Plan adopted November 15, 1982, and the appropriate watershed district requirements where applicable. 3.3 Watermains Watermains shall be constructed in accordance with the approved plans and specifications and the City Master Water Distribution Plan adopted November 15, 1982. 3.4 Private Utilities The developer shall be responsible for the installation of telephone, electrical and natural gas service. The required utilities shall not be installed until the boulevard or utility easements have been graded. All such utilities shall be installed underground. 7 4. MISCELLANEOUS 4.1 Street signs shall be required at each street intersection at the cost of the Developer. The City will furnish and install said signs and bill the Developer for said work. 4.2 The Developer shall furnish all Engineering services as outlined in the Manual of Engineering Guidelines, City of Plymouth Engineering Department. 4.3 Engineering services furnished by the City: The City will not exercise direct supervision and inspection of the work during the construction operations. The City Engineer or his representative will make periodic inspection of the work and will consult with the Developer's Engineer in regard to engineering problems concerning the work and observe all tests and conduct the final inspection as outlined in the "Manual of Engineering Guidelines, City of Plymouth Engineering Department. The Developer shall pay to the City Treasurer upon execution of this Contract *Fourteen Thousand Three Hundred Seventy-five and 20/100 --Dollars 14,375.20) to cover all City administration cost required in preparing and administering this Contract. * $718,760 x 2% _ $14,375.20 4.4 The Developer shall do all site grading, including building sites, common greenway and open space areas, ponds, and surface drainage ways, and all private streets in accordance with the approved grading, drainage and site plan. The plan shall indicate, by arrows, how the drainage will be directed on the site. The Developer shall submit an erosion and sediment control plan in accordance with the City Policy dealing with Erosion and Sediment Control, Resolution No. 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 8.1, Maintenance of Erosion and Sediment Control Plan. 4.5 All boulevards shall be sodded by September 1 , 19 91 . 5. Setting of Lot and Block Monuments The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. 6. Guarantee of Performance by Developer 6.1 In the event the Developer requires building permits prior to completion of all improvements as listed in Paragraph 8, he shall furnish a certified check, certificate of deposit, or irrevocable letter of credit in the amount of $718,760 as shown in Paragraph 8, or a surety bond in the amount of $1,078,140, which is 150% of the cost requirement in Paragraph 8. 6.2 Reduction in cash escrow or surety bond guarantee may be granted upon written request by the Developer based upon the value of the completed improvements at the time of the requested reduction. The amount of the reduction will be submitted to the City Council for action. 6.3 The cash escrow or surety bond shall not be reduced to less than 20% twenty percent) until all sewer, watermain, drainage systems and streets and other work covered by this contract are completed and approved by the City. 6.4 Prior to commencing any grading, a cash deposit in the amount of and an irrevocable letter of credit in the amount of $_47,400 as shown in Paragraph 8.1, shall be furnished by the developer. 7. Public Liability and Property Damage Insurance The Developer shall furnish the City of Plymouth Public Liability Insurance in the amount of One Hundred Thousand Dollars ($100,000) and Two Hundred Fifty Thousand Dollars ($250,000) and Property Damage Insurance in the amount of Five Thousand Dollars ($5,000) and Twenty-five Thousand Dollars ($25,000). These insurance policies shall accompany the contract for its execution by the Developer and the City of Plymouth. These insurance policies shall be in full force and effect during the life of this contract. 8. Estimated Cost Subdivision Development The following items shall be the responsibility shall be covered by an escrow guarantee (bond, deposit, letter of credit, etc.) as specified: 9 - of the Developer and cash, certificate of Design, Admin., Insp., As-Builts 12%) 49,254 27,756 77,010 TOTAL: $ 459,704 $ 259,056 $ 718,760 1) Public - City to own and/or maintain after development completed. 2) Private - Property owner and/or property owners' association to maintain after development completed. 8.1 Maintenance of Erosion and Sediment Control Plan, Street Sweeping and Storm Sewer Cleaning Letter of Cash Credit Total 1,000 $ 47,400 $ 48,400 10 - 1) ESTIMATED,COSTS rT— ITEM Public Private Total Street Construction $ 170,000 12..,000 182,000 Sanitary Sewer System 85,000 0- 85,000 Watermain System 84,000 0- 84,000 Storm Sewer System 50,000 0- 50,000 Boulevard and Drainage Swale Sod 0- 9,700 9,700 Dock and Boat Rack 0- 2,600 2,600 Street Signs (3 x 150) 450 0- 450 Park & Trail Improvements 21,000 2,000 23,000 Building Demolition 0- 15,000 15,000 Site Grading & Drainage Improvement 0- 190,000 190,000 SUB -TOTAL: $ 410,450 231,300 641--,.750 Design, Admin., Insp., As-Builts 12%) 49,254 27,756 77,010 TOTAL: $ 459,704 $ 259,056 $ 718,760 1) Public - City to own and/or maintain after development completed. 2) Private - Property owner and/or property owners' association to maintain after development completed. 8.1 Maintenance of Erosion and Sediment Control Plan, Street Sweeping and Storm Sewer Cleaning Letter of Cash Credit Total 1,000 $ 47,400 $ 48,400 10 - 8.3 The water and sanitary sewer area type assessments for this development are as follows: Watermain Area 24.2 acres x $1,580/Acre = $38,236 The Developer understands and agrees to these charges, and hereby waives his right to a public hearing with respect to them. The water and sanitary sewer Residential Equivalent Connection (REC) charges for the lots to be developed shall be computed at the time of connection to the municipal utility system. The Developer understands that the aforementioned REC charges shall be paid for each dwelling unit prior to the issuance of a building or plumbing permit for the dwelling unit. 9. Street Maintenance During Construction The Developer shall be responsible for all street maintenance until the streets are accepted by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when streets become impassable, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage. The developer shall be responsible for keeping streets within and without the subdivision swept clean of dirt and debris that may spill or wash onto the street from his operation. The developer may request, in writing, that the City keep the streets open during the winter months by plowing snow from said streets prior to final acceptance of said streets. The City shall not be responsible for reshaping said streets because of snow plowing operations, and if they are requested and providing snow plowing service, it does not constitute final acceptance of said streets. 9.1 The developer shall contract for street cleaning within and immediately adjacent to the development. A copy of this contract shall be approved by the City before grading is started. 10. Acceptance of Subdivision in Units The City of Plymouth will accept complete in units of one (1) block which have been completed in accordance with the provisions of this 10. Acceptance of Subdivision in Units (continued) contract. The Developer shall furnish a progress schedule for the construction of streets in the subdivision. Requests for acceptance of streets shall be made in writing by the Developer. The Developer shall furnish certificates of completion as outlined in Paragraph 11.1 herein for each unit completed, certifying that work has been completed in accordance with the terms of this contract, and shall also furnish mylar as -built" reproducibles for all phases of construction included in this contract. 11. Acceptance of Completed Subdivision 11.1 Prior to acceptance of the completed subdivision by City Council, it will be necessary to furnish the following affidavits: a. Contractor's Certificate b. Engineer's Certificate C. Land Surveyor's Certificate d. Developer's Certificate certifying that all construction has been completed in accordance with the terms of the contract. 11.2 All necessary forms will be furnished by the City of Plymouth. 11.3 Upon receipt of affidavits (Paragraph 11.1 above) and recommendation by the City Engineer that completed work be accepted, the City Council will be requested to accept the completed public improvements. Acceptance will be by formal Resolution of the City Council. 12. Plat Approval 12.1 Preliminary Plat was approved by Resolution No. 89-28 by the City Council on June 5. 1989 subject to sixteen (16) conditions. 12.2 Final Plat and Development Contract were approved by Resolution No. by the City Council on 13.0 Land Dedicated for Public Use Parks and Private Recreation Areas 13.1 Satisfaction of Park Dedication Policy requirements, with appropriate credits in an amount determined according to verified acreage and paving costs, according to the dedication Policy in effect at the time of filing the Final Plat. 13.2 Outlots A, B, and C shall be deeded to the City prior to filing the Final Plat with Hennepin County. 13.3 The developer shall construct an asphalt trail to City specifications within the entire length of Outlots A, B, and C with the first phase of development. No houses shall be occupied until the trail construction is complete. Trail location including field location within the outlots shall be approved prior to construction by the Director of Parks and Recreation as to consistency with provisions of Resolution No. 89-285, Condition 15. 12 - 13.4 Outlots E and F shall be deeded to the Homeowner's Association prior to issuance of any building permits in the plat Improvements to these outlots per the approved plans shall be completed, by City determination, prior to issuance of building permits to adjoining lots. 13.5 Outlot D shall be conveyed to the adjoining property owner in Medina subject to a covenant providing that the exclusive use shall be private driveway purposes to a single parcel. 14.0 Other Requirements 14.1 Compliance with the City Engineer's memorandum. 14.2 Removal of all dead or dying trees from the property at the owner's expense. 14.3 No building permits shall be issued until a contract has been awarded for sewer and water, and the MPCA Permit issued. 14.4 No building permits shall be issued until the Final Plat and Homeowner Association documents have been filed and recorded at Hennepin County. 14.5 Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 14.6 Rezoning shall be finalized with filing of the Final Plat. 14.7 Street names shall comply with the City Street Naming System. 14.8 Minimum yard setbacks shall be 35 feet for the front yards, 15 feet and 15 feet for the side yards and 25 feet for the rear yard. Setback from the ordinary high water level of Mooney Lake shall be 75 feet minimum per Shoreland Overlay District standards. 14.9 Appropriate legal documents regarding Homeowner Association documents, covenants and restrictions, shall be filed with the Final Plat. The covenants shall include provisions that no private docks be allowed for lots of this subdivision and that there be no individual private lot work undertaken in wetland areas. The covenants shall give the City of Plymouth the right of enforcement and maintenance as a beneficiary to those covenants. 14.10 Approval shall be subject to receipt of Minnehaha Creek Watershed, State and Federal permits, as required. 14.11 All existing structures on Lot 2, Block 4 with the exception of the house, most southerly shed, kennel, garage, workshop and gazebo shall be removed within twelve months of Final Plat approval. There shall be no commercial operation conducted from any of the existing structures which will remain on the lot. 14.12 If Lot 2, Block 4 is subdivided in the future in accordance with the preliminary plat, the front setback shall be sufficient to provide a 110 foot lot width at the setback line. 15. Tree Preservation 13 - I i• 3 II O Yrs 42 S133HS £ 30 Z 133HS 33S) 7 •$ I w , 3NI7 HDIM i M vIL i r Z 9 Q O W l V1 J' C) W J Z as Y oJ O O O CL Z a W Z Z V I . O 40 ==._ ON ql f iL'I O N 1 m J p' 3hp, 1`^ i \4 00 jf' LL- z a yhyP ar b m Z O lo O 1r f1 M - vlli_il l v i i_ v j~_i il•'I p J1 bii 7i ii f'M„Z1'?S.o S b'I •ISi --- - h ,zr oSA S 00,066 YD'a 7L'Ki IL Oh,A.OLO L 40'YlY h ,K Ji G I i• 3 II O Yrs 42 S133HS £ 30 Z 133HS 33S) 7 •$ I w , 3NI7 HDIM i M vIL i r Z 9 Q O W l V1 a W J Z as oJ O N i . CL oaoWcITapoi a;_" Z a WVI . 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A j iS•' _ co•r or's r s , mmm I Or• %o9ic—_'--'•j a.'sS . oo. - .us.: s. ice\ 7v\ y`/ d KT N LO6 LL Ii?i•f .'+/a" // J le 1 1$ M • ell 0's ;,4T W -- i V m kms.- .04 /0 cp I Z I I 1 1^ °"A 8 I I 1 6% 8 q1 s rh x.v Ic•ou 11__•oyzl_—. •__+ q ''• o p a 56'QIL 3 Lo •G/ NO ---- ,ro,ot.o N +•+j m Q e J - N b JnoZ J zo z o O<o y.. iW ¢ J J• Imo, n» J"L, W a•WXt- WIOWu- 3Qy _QNW mW W NC U6 Sy ly 11 o 0 n w LU In co LL O N W N LUIlDGR(n TRUCTIONBROSNC. 935EAST WAYZATA BOULEVARD • WAYZATA, MINNESOTA 55391 • (612) 473-1231 February 28, 1990 Re: Development Contract for Bay Pointe on Mooney Lake Honorable Mayor and Members of the Plymouth City Council: City Staff has been very cooperative in preparing the Development Contract for Bay Pointe on Mooney Lake on an accelerated time schedule to accommodate Lundgren Bros. Construction's deadline of City Council review by March 5, 1990, and we are most appreciative for the consideration and extra effort which has been expended. We can not in good conscience, however, sign this agreement while it contains a provision which, we believe, unfairly harms the sellers of the property, who unfortunately are out of town and will be unable to argue the issue in person on Monday night. The disagreement has to do with the timing of the removal of accessory structures on the land which Alex and Frances Reiser will retain and continue to occupy. At the time of Preliminary Plat approval it was understood and agreed that the farm outbuildings on their property could remain until the large lot which we would initially plat (Lot 2, Block 4, on the Bay Pointe Final Plat) was re -platted into the three lots which were approved at the Preliminary Plat stage. (Please compare the outlined areas on the attached plats.) To prevent the possible creation of lots containing accessory structures but no dwelling, a situation which would violate the Zoning Ordinance, the City Council adopted the following condition of approval: All existing structures on (Preliminary Plat) Lots 7 and 8, Block 4, shall be removed as a condition of Final Plat approval for those lots." (emphasis supplied) This condition has been slightly reworded in the Development Contract: 14.11 All existing structures on Lot 2, Block 4 with the exception of the house and gazebo shall be removed as a condition of Final Plat approval for those lots." This rewording is confusing but apparently is being used as the basis for Staff's contention that all of the farm outbuildings must immediately be removed. February 28, 1990 Page 2 Lundgren Bros. and the Reiser's are aware of no violation of any Plymouth ordinance which requires that these buildings be removed now or when the Reiser farm is platted into Bay Pointe. All of the existing structures will be well within Lot 2, Block 4, the lot which the Reisers will retain. Because the appearance of these buildings does not enhance the appeal of our proposed development, Lundgren Bros. has been working with the Reisers to phase-out and gradually remove as many of the accessory structures as possible. But for the City to require their immediate removal seems to us to be an undue and unfair hardship for the Reisers, and we respectfully request that the City Council direct its Staff to observe the letter and intent of its initial determination on this matter. Respectfully Submitted, LUNDGREN BROS. CONSTRUCTION, INC. Michael A. PA MET la SA-%V :'-" o' S A 'A r rn y'Rp, iS4 °c t7 Wi" 4 1'yR Flo NO. 20'O• .--N d19.O1"E 710.H--•• " s ----- r------t r---w-.i -, ---urw --- ygp 1 trLANF, r jr i1 111 11 i, t// 1„',%` •..tea `' B`+s ; 4e 111 ti i is _ 'f' ' 0% ••i a i V OVt~.Ri 12 t ' ..Ov ,/ ' •rr 1. O0sssr. w` `• r'+eaa :.. \\4`'.a i'iL-1 . .• . s. 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N o O (n 00C-)_ AO N - :1) 40mr m 2 m pREL IMINARY PLAT rr 00 1 -4 ammm CD O m 10CDto r0 C r c0 m C mor) c mn com moo NON1< mm r r, m O <p I A r O N o' Zo'o4*E N O' 13,01,E lil Z LnzO coO fn C Ico r 01 I V J S111 0 i 8 c 7 1 •_ 11 ti Ck, x s r_\ 1 0 " sTy i n s N i t L M T S I __ 3T 1 ---( 14 ' 7No OUTLOT 74700Sr C ITRAILI S`'"$I o. i )) oo r u m ..9st.7... '. o O /( O' Tri 41 Ey p r pr 1 i x ,•' k 111 )[ V i T O C 1 1yA N I f•' ( I N J SO T SL 4 WALNUT GROVE LANE r I CITY c February 28, 1990 PUMOUTR Mr. Michael A. Pflaum Lundgren Brothers Construction, Inc. 935 East Wayzata Blvd. Wayzata, MN 55391 SUBJECT: BAY POINTE ON MOONEY LAKE (89005) FINAL PLAT Dear Mike: I have reviewed your letter of February 27, 1990, addressing the removal of the existing outbuildings on the Raiser farm. In that letter you state that it was clearly established at the time of Preliminary Plat approval that those buildings can remain until the Raiser homestead lot is subdivided. The resolution approving the Preliminary Plat by the City Council in Condition No. 12 states as follows: All existing structures on Lots 7 and 8, Block 4, shall be removed as a condition of Final Plat approval for those lots." As part of your Final Plat, you have now incorporated what was known as Lots 6, 7, and 8 into one lot designated as Lot 2 as part of the Final Plat. The Preliminary Plat submitted by your engineer indicates that on Lots 7 and 8 were several sheds, a garage, a barn, and two greehouses. These are the structures that Item No. 12 of the resolution approving the Preliminary Plat is referring to. There is no mention in the Preliminary Plat approval about the removal of the structures at the time of any resubdivision of this property. As you are aware you, as the developer, have an option of platting all of the property at one time in accordance with the Preliminary Plat, or doing it in several phases. Although the Preliminary Plat approved three lots within the same area you are now platting as one lot (Lot 2) there may or may not be future subdivision of this lot in the future. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 Mr. Michael A. Pflaum February 28, 1990 Page Two Since the City Council approval of the Preliminary Plat clearly indicated that when the property containing these structures was platted as a lot, the structures should be removed, we have provided for this in the Development Contract. If you are not in agreement with this, you should discuss this with the City Council as to their intent of the condition in the Preliminary Plat approval. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:kh enclosure cc: James G. Willis, City Manager Chuck Dillerud, Community Development Coordinator Bob Johnson, Senior Engineering Technician City of Plymouth E N G I N E E R' S M E M O to Planning Commission & City Council DATE: February 26, 1990 FILE NO.: 89005 PETITIONER: Mr. Michael Pflaum, Lundgren Bros. Construction, Inc., 935 E. Wayzata Blvd., Wayzata, Mn. 55391 FINAL PLAT: BAY POINTE ON MOONEY LAKE LOCATION: West of Walnut Grove Lane, east of Brockton Lane, south of 26th Avenue North, in the northwest one quarter of Section 30. ASSESSMENT RECORDS: N/A Yes No I. 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: Watermain area assessment based on 24.2 acres x 51,580 per acre = S38,236, 5. Other additional assessments estimated: None. LEGAL/EASEMENTS/PERMITS: 6. X Complies with standard utility/drainage easements - The City will require utility and drainage easements ten feet 10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. N/A Yes No 7. X 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: A twenty foot drainage and utility easement will be required over the storm sewer that extends east of Brockton Lane on Lot 3. Block 4. A twenty foot drainage and utility easement will be required over the storm sewer running southeasterly from Outlot A across Lot 1 Block 2. Drainage and utility easements will be required for the watermain and sanitary sewer and storm sewer on Lot 13 Block 4 and Outlot C. 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. A public hearing will be held on February 26. 1990 to consider the vacation of the unnecessary easements. 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 For the required Outlots to be dedicated to the City for Rark purposes. 2 - N/A Yes No 11. _ _ X All necessary permits for this project have been obtained - The following permits must be obtained by the developer: X DNR Bassett Creek Mn DOT X Minnehaha Creek Hennepin County Elm Creek X MPCA Shingle Creek X State Health Department X Army Corps of Engineers Other 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 Brockton Lane at the northwest corner of the proposed plat The developer shall be responsible for acquiring the street easement from the adjacent property owner. UTILITIES: 16. X 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 special conditions. 3 - 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 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 1006 of the cost. Minimum basement elevations - Minimum basement elevations must be established for the following lots. All lots adjacent to Mooney Lake shall have minimum basement elevations of 992.0 and those lots adjacent to the pond in Block 2 shall have minimum basement elevations of 995.0. 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 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. All water connections shall be via wet tan. 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: Shall comply with all agency permits. SPECIAL CONDITIONS REQUIRED: 24. A. The total cost of curb and gutter and paving of 25th Avenue from the east plat line to Walnut Grove Lane shall be the responsibility of the developer. B. The sanitary sewer service west of manhole 17 shall be moved to downstream of the water service. C. All emergency drainage overflow routes shall be clearly defined on the grading plan. The overflow routes shall also be sodded at the completion of rough grading to prevent filling during new home construction. D. There will be no reimbursement for the relocation and reconstruction of the trail on 25th Avenue and Outlot B. E. 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D z m m z I WALNUT (,ROVE LAME 1[ - i 101til C) S m z sE.g E - 6 F335t, ccQLS v o ! ` m" +Iyl 1 D i - tL iE i t z v r Eli y 6 0 iyt a t FIGURE 6 PRELIMINARY PLAT I DEVELOPMENT PLAN w,, 5• sy. P. T• REISER PROPERTY SATHRE-SERGOUIST. INC. LUNDGREN BROS. CONSTRUCTION INC. nwwr«, w««Esor. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meet i5 g City Council of the City of Plymouth, Minnesota, was held on the of Tone , 19 89 The following members were present: Mayor Schneider, Councilmembers Vasiliou, Ricker, Zitur and Sisk The following members were absent: None of the day Councilmember Vasiliou introduced the following Resolution and moved its adoption: RESOLUTION 89- 285 APPROVING PRELIMINARY PLAT AND VARIANCE FOR LUNDGREN BROTHERS CONSTRUCTION, INC. FOR REISER PROPERTY (89005) WHEREAS, Lundgren Brothers Construction, Inc. has requested approval for a Preliminary Plat and Variances for the Reiser Property, a plat for 39 single family residential lots on 24 acres (net) located south and east of the end of Brockton Lane and west of the end of 25th Avenue North; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it hereby does approve the Preliminary Plat and Variances for Lundgren Brothers Construction, Inc. for the Reiser Property for 39 single family residential lots on 24 acres (net) located south and east of the end of Brockton Lane and west of the end of 25th Avenue North, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Removal of all dead or dying trees from the property at the owner's expense. 3. No Building Permits shall be issued until a Contract has been awarded for sewer and water. 4. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of filing the Final Plat with credit for dedication by the developer of Outlot A, Outlot B, Outlot C and a portion of proposed Lot 20, Block 4 consisting of a corridor of at least 50 foot width measured from the Ordinary High Water Level along the south periphery; sufficient land to include the complete "point" to the lake on the west periphery; and a corridor 30 feet in width along the east periphery. 5. Street names shall comply with the City Street Naming System. 6. 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. see next page) RESOLUTION NO. 89-285 Page Two Resolution 89005 7. No Building Permits shall be issued until the Final Plat is filed and recorded with Hennepin County. 8. Approval includes Variances from the Subdivision Design Standards as follow: a. The paved surface of the Brockton Lane cul-de-sac within 40 feet of the DNR Ordinary High Water Mark instead of the Shoreland Overlay District Standard of 50 feet. b. Cul-de-sac length of 575 feet on Brockton Lane instead of the Subdivision Ordinance Standard of 500 feet. 9. Incorporation of tree protection provisions in the Final Plat and Development Contract approval. 10. The developer shall complete any required Environmental Reviews prior to approval of the Final Plat. 11. Approval shall be subject to receipt of State and Federal permits, as required. 12. All existing structures on Lots 7 and 8, Block 4 shall be removed as a condition of Final Plat approval for those lots. 13. The front setback for Lots 6, 7, 8, and 20, Block 4, shall be sufficient to provide a 110 foot lot width at the setback line with the lots configured as shown. 14. The Protective Covenants to be recorded with the Final Plat include provisions that no private docks be allowed for lots of this subdivision on Mooney Lake and that there be no individual private lot owner work undertaken in the wetland areas. The Protective Covenants shall give the City of Plymout the right of enforcement and maintenance as a beneficiary to those Covenants. 15. The north -south trail shall be located as far to the west as possible on the lot and the east -west trail shall be located as far northerly as possible to save the maximum number of trees and to minimize impact on the existing homes. 16. The entire trail segment on Lot 20 and all the way north to the park shall be constructed with the first phase of development. 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 and Zi ur The following voted against or abstained_ Councilmember Sisk 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 November 1989 The following members were present: Councilmembers Sisk, Vasiliou Ricker Zitur and Mayor Schneider The following members were absent: None Councilmember Sisk introduced the following Resolution and moved its adoption: RESOLUTION 89-690 DECLARING FINDING OF "NO NEED" FOR AN ENVIRONMENTAL IMPACT STATEMENT (EIS) BASED UPON THE REVIEW OF THE ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) DATED SEPTEMBER 25, 1989, FOR THE "REISER FARM" PROPOSED BY LUNDGREN BROTHERS CONSTRUCTION COMPANY (89005) WHEREAS, the City Council approved the Preliminary Plat for property known as the "Reiser Farm" by the Lundgren Brothers Construction Company under Resolution 89-285 on June 5, 1989; and, WHEREAS, pursuant to the Minnesota Environmental Quality Board (EQB) Rule Number 4410.4300, Subpart 14 B(3), the Environmental Review Process, the City of Plymouth, as the Responsible Governmental Unit, submitted an Environmental Assessment Worksheet (EAW) for the development on September 25, 1989; and, WHEREAS, the 30 -day review comment period expired on November 1, 1989, and all comments and recommendations received from reviewing agencies and other interested parties have been considered; and, WHEREAS, it has been determined that the proposed development does not present a potential for significant environmental impacts; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that is should and hereby does make a negative declaration on the need for an Environmental Impact Statement (EIS) for the proposed development known as the Reiser Farm Project for Lundgren Brothers Construction Company. 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: Councilmembers Sisk, Zitur. Vasiliou. Ricker and Mayor Schneider The following voted against or abstained None Whereupon the Resolution was declared duly passed and adopted. ItgrDEPARTMENTn 2STATE OF OF NATURAL RESOURCES METRO REGION WATERS - 1200 WARNER ROAD, ST. PAUL, MN 55106 PHONE NO. 296-7523 FILE NO. December 13, 1989 . Mr. Mike Pflaum Lundgren Brothers Construction 935 E. Wayzata Blvd. Wayzata, MN 55391 RE: PERMIT *#89-6374, MOONEY LAKE (27-134), EXCAVATION AND REVEGETATION Dear Mr. Pflaum: Enclosed is your permit (#89-6374) which authorizes excavation and revegetation in a bay of Mooney Lake. The permit reflects the revised plans which were mutually agreed upon by yourself and your consultants, DNR Wildlife Managers, and this office. The plan as revised should enhance the aesthetics and the wildlife habitat values of the area by promoting a more diverse mixture of native plants. The permit contains several provisions regarding the establishment of vegetation in the area and monitoring- of the success of the aquatic growth. Please note Special Provisions 14, 15, 20, 21, and 22, in particular. These provisions will ensure that the area is revegetated and protected from human activities which would degrade the wildlife habitat values. Please call me if you have any questions. Sincerely, 1 ` Jn Linc Stine Regional Hydrologist Enclosure cc: T. Fell, USCOE L. Zeug, Hennepin SWCD Minnehaha Creek WSD F. Moore, City of Plymouth Sabee/Borovsky, Barr Eng. R. Sathre, Sathre-Bergauist K. Lines, AW"! B. Gilbertson, AFM J. Konrad, C.O. J. Fax, St. Paul Waters Paul Wirtz Mooney Lake (27-134) file C96:kaa AN EQUAL OPPORTUNITY EMPLOYER NA -02733-01 MVNESOTA PROTECTED WATERS P.A. Number Department of r Natural Resources 89-6374 Chvesion of Waters PERMIT Pursuant to Minnesota Statutes, Chapter 105, and on the basis of statements and information contained in the permit application, letters, maps and plans submitted by the applicant and others supporting data, all of which are made a part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant named below to change the course. current. or cross section of the followino: Protected Mater County Mooney Lake (27-134) Hennepin Name of Applicant Telephone Number (include Area Code) Lundgren Brothers Construction Attn: Mike Pflaum 612)473-1231 Address (No. 6 Street, RFD, Box No., City, State, Zip Code) 935 East Wayzata Blvd., Wayzata, MN 55391 Authorized to: excavate and grade to create openings in the emergent vegetation; all as shown and described in "Wetland Enhancement Plan" dated August 16, 1989; install stormwater outfall facilities in accordance with plans received with permit application on March 1, 1989; and revegetate the "enhancement" area shown on "Wetland Enhancement Plan" (dated August 16, 1989) as described in Attachment A. All excavated material shall be placed on upland above the ordinary high water level (OHW) and outside the enhancement" area referred to above. Purpose of Permit: Expiration Date of Permit Aesthetics and Wildlife Habitat Enhancement November 30, 1990 Property Described as: Government Lot 1 County NW} Section 30, Township 118 North, Range 22 West Hennepin As Indicated: (8) As Indicated: (11) the ordinary high water Does not apply level, 988.0 ft. (NGVD, 1929) This permit is granted subject to the following GENERAL and SPECIAL PROVISIONS: GENERAL PROVISIONS 1. This permit is permissive only and shall not release the permittee from any liability or obligation imposed by Minnesota Statutes, Federal Law or local ordinances relating thereto and shall remain in force subject to al: conditions and limitations now or hereafter imposed by law. 2. Th•.s permit is not assignable except with the written consent of the Commissioner of Natural Resources. 3. Tha Regional Hydrologist shall be notified at least five days in advance of the commencement of the work authorized hereunder and shall be notified of its completion within five days thereafter. The notice of permit iss:,e by the Commissioner shall be kept securely posted in a conspicuous place at the site of operations. 4. No change shall be made, without written permission previously obtained from the Commissioner of Natural Resources. in the dimensions, capacity or location of any items of work authorized hereunder. 5. Tie pereittee shall grant access to the site at all reasonable times during and after construction to authorized representatives of the Commissioner of Natural Resources for inspection of the work authorized hereunder. 6. This Permit may be terminated by the Commissioner of Natural Resources at any time he deems it necessary for the conservation of water resources of the state, or in the interest of public health and welfare, or for v;eiation of any of the provisions of this permit, unless otherwise provided in the Special Provisions. 7. Construction work authorized under this permit shall be completed on or before date specified above. Upcn written request to the Commissioner by the Permittee, stating the reason therefore, an extension of time may be obtainet. 8. The excavation of soil authorized herein shall not be construed to include the removal of organic matter ',as indicated above) unless the area from which such organic matter is removed, is impervious, cr is sealed t,- thethe acc?-;anon of bentonite after excavation. 9. In all cases where the doing by the permittee of anything authorized by this permit shall involve t,)e taking, using, -r zaraginc of any property rights or interests of any other person or -ersons, or any lanes izgroveaents thereon or interests thereir, the permittee, before r:roceedin, m ere.:_=, s`all t`e .ctea consent of all ersons_, agencies, or authorities concerned, ar.d shall acc:;ire ali precerty, r cots and lrteres:s necessary therefore. 9- C MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: February 28, 1990 For City Council Meeting of March 5, 1990 TO: James G. Willis, City Manager FROM: Community Development Coordinator CharlesE. rud through Community Development Director Blair Treme SUBJECT: OPUS CORPORATION. FINAL ENVIRONMENTAL IMPACT STATEMENT DECISION FOR THE BASS CREEK BUSINESS PARK, LOCATED AT THE NORTHWEST CORNER OF HIGHWAY 169 AND COUNTY ROAD 10 (89061) ACTION REQUESTED: Adopt the attached resolution providing for a finding of adequacy with respect to the Final Environmental Impact Statement for the Bass Creek Business Park, consistent with the rules of the Environmental Quality Board. BACKGROUND: By Resolution 89-468, the City Council, on August 21, 1989, approved a Mixed Use Planned Unit Development (MPUD) Concept Plan for the petitioner covering this 185 acre site at the northwest corner of County Road 10 and State Highway 169. The Concept Plan approved called for approximately 1.5 million square feet of buildings, the use of which would range from office/manufacturing and office/warehouse (on the west side of the site) to office and a small area of commercial (on the east portion of the site). A significant condition of the Concept Plan approval was that the project proceed through the environmental review process provided for by the Environmental Quality Board. It was determined, at that time, that the scale of the project proposed, in terms of building square footage proposed, was such that an Environmental Impact Statement was mandatory. On November 6, 1989, the City Council, by Resolution 89-701, approved an MPUD Preliminary Plat/Plan/Conditional Use Permit for this project, essentially the same as proposed by the Concept Plan, and subject to 20 conditions. One of the conditions again related specifically to the need to complete the environmental review process prior to the approval being effective. see next page) File 89061 Page Two The environmental review process in the State of Minnesota is carried out responsive to the rules of the Environmental Quality Board. The Environmental Quality Board was established by the legislature in the early 1970s to provide a consistent method to undertake environmental review of many activities that may result in environmental impacts. Environmental review of a project responsive to these procedures and rules may be initiated through a number of avenues --including a petition of citizens --but is most often initiated as a result of a project being proposed that is of a type or of a scale that it exceeds one or more of several size or use type thresholds" that are established within the EQB rules. The environmental review process can involve one or two forms. For certain projects and size thresholds of development, the first level of environmental review, the Environmental Assessment Worksheet, is required. This level of review is the least rigorous and the most common. In Plymouth as many as a dozen projects a year are of sufficient scale or of a type that triggers a threshold requiring an Environmental Assessment Worksheet. The City is the "responsible governmental unit" for an Environmental Assessment Worksheet. In most cases, the Environmental Assessment Worksheet will result in a finding of "no need" for an Environmental Impact Statement, the second stage of the environmental review process. The second type of environmental review process that is possible under state statute and EQB rules is the Environmental Impact Statement (EIS). The EIS process is lengthy (months versus weeks to accomplish) and more detailed, with numerous steps where local, state, and federal agencies and the general public are invited to provide input with respect Environmental Impact of a proposed project. The Bass Creek Business Park is the second project ever proposed in the City of Plymouth upon which an Environmental Impact Statement was completed. The first project was the Parkers Lake MPUD, that involved the Minneapolis Dairy Farm property. That EIS was completed back in the early 1980s. PRIMARY ISSUES AND ANALYSIS: I have attached, as Appendix A to the draft resolution, a detailed set of findings that I have made with respect to the due process that has taken place to date with respect to this Environmental Impact Statement. Key events from that listing are as follows: 1. A "Scoping" Environmental Assessment Worksheet was available September 4, 1989; the subject of a public meeting held September 25, 1989, and specifically approved by the City Council on October 16, 1989. This document addressed the scope of the EIS, i.e., what issues would be addressed in further detail by subsequent phases of the Environmental Impact Statement process. 2. The City issued a Draft Environmental Impact Statement on November 29, 1989, and held a public informational meeting concerning that draft EIS see next page) File 89061 Page Three on December 21, 1989. The Draft EIS is the City's proposal in response to comments that had been received by a number of state and federal agencies as to topics that were in need of further review during the scoping process, completed earlier. Only the Hennepin County Parks representative appeared at the public informational meeting on December 21. 3. The Final EIS document was available February 5, 1989. This document addressed issues raised by various state and federal agencies (as well as adjacent communities) following their review of the Draft EIS which had become available earlier. The Council now has before it the decision with respect to the overall adequaU of the Final EIS. The key issue is whether the City of Plymouth, as the responsible governmental unit in this action, has identified the most significant environmental impacts of the proposed project and addressed the possibilities for mitigation of those impacts that have been identified. The process does not necessarily require the City of Plymouth, or the project proposer, to mitigate each and every environmental impact identified. I have, in Appendix B to the attached draft resolution, reviewed comments that we received from the City of Maple Grove, Hennepin County Parks, and the Metropolitan Council concerning the Final Environmental Impact Statement. I have also, in Appendix B, provided responses to the comments that were received. Environmental Review Documents that have been prepared on this project (the EAW Scoping document, the draft EIS, and the Final EIS) are very lengthy and bulky. Several copies of each are available to members of the City Council should they desire to examine them. RECOMMENDATIONS AND CONCLUSIONS: I hereby recommend adoption of the attached resolution that finds the Final Environmental Impact Statement for the Bass Creek Business Park Planned Unit Development to be complete and adequate, consistent with the terms and intent of the Minnesota Environmental Quality Board. The two appendices to the resolution are the list of findings with respect to the process that has been undertaken in the environmental review of this project the comments that have been received with respect to the Final EIS and the responses of the City of Plymouth to those comments. Attachments: 1. Resolution Finding the Final EIS for the Bass Creek Business Park to be Adequate with Two Appendices: Appendix A to the Resolution of Adequacy Containing the Finding of Staff with Respect to the EIS Process; and, Appendix B Containing the Review of Comments on the Final EIS City of Plymouth Responses cc/cd/89061:dl) CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: The following members were absent: moved its adoption: introduced the following Resolution and RESOLUTION 90 - FINDING THE FINAL ENVIRONMENTAL IMPACT STATEMENT FOR THE BASS CREEK BUSINESS PARK TO BE ADEQUATE (89061) WHEREAS, Minnesota Environmental Quality Act provides for the preparation of certain environmental documents proposed development projects that meet criteria established by the rules of the Minnesota Environmental Quality Board; and, WHEREAS, the City of Plymouth has made certain findings of fact regarding the proposed Bass Creek Business Park which appear in Appendix A to this resolution; and, WHEREAS, the City of Plymouth has reviewed the comments received regarding the Final Environmental Impact Statement for the proposed project and has responded to those comments as contained in Appendix B to this resolution; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does find the Final Environmental Impact Statement for the proposed Bass Creek Business Park to be adequate, consistent with the rules of the Environmental Quality Board. The motion for adoption of the foregoing Resolution was duly seconded by , and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained Whereupon the Resolution was declared duly passed and adopted. 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 21st day of August , 1989 The following members were present: Mayor Schneider Councilmembers Vasiliou, Ricker, Zitur and Sisk The following members were absent: None Councilmember Vasiliou introduced the following Resolution and moved its adoption: RESOLUTION 89-468 APPROVING AMENDED MIXED USE PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR OPUS CORPORATION (89061) WHEREAS, OPUS Corporation has requested approval of an amended Mixed Use Planned Unit Development Concept Plan for the development of approximately 210 acres located at the northwest corner of County Road 18 (Highway 169) and County Road 10; and, WHEREAS, the City Council, by Resolution 81-339, approved an RPUD Concept Plan for this site for Tennant Corporation; and, WHEREAS, the City Council, by Resolution 89-105, approved an amended MPUD Concept Plan for this site for OPUS Corporation; and, WHEREAS, the Planning Commission has reviewed the request at a duly called Public Informational Hearing and has recommended 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 amended Mixed Use Planned Unit Development Concept Plan for OPUS Corporation for a development to be known as Bass Creek Business Park consisting of approximately 210 acres located at the northwest corner of County Road 18 Highway 169) and County Road 10, subject to the following conditions: 1. Compliance with the City Engineer's memorandum dated August 3, 1989. 2. Staging of the development shall be in accordance with utility availability as approved by the City Engineer. 3. The Preliminary Plat/Plan application shall address the Flood Plain and Shoreland Management Ordinance standards. 4. "Touchdown Points" for public street access to Bass Lake Road shall be limited to Nathan Lane and Trenton Lane. 5. The rezoning of this parcel shall reflect the relationship between CL and IP land use as depicted by this plan amendment. 6. All public street right-of-way shall be dedicated. see next page) Resolution No. 89-468 Page Two File 89061 7. The portion of the site designated "...identified for Hennepin County Park Reserve District..." is not an element of the City Park and Trail System Plan, and therefore may not be eligible as credit for park dedication requirements. Future platting of this portion of the site may reflect Park Reserve District acquisition of that portion of the site. 8. All trails constructed within the development shall be constructed to City of Plymouth trail specifications but will be private, with ownership and perpetual maintenance the responsibility of the Property Owner Association. No park dedication credit will be available for this trail construction, per City policy. The developer may petition the City to have the proposed trails included in the City Comprehensive Trail Plan. 9. The storm water drainage area located in the northeast corner of the site shall be owned privately, subject to drainage and utility easements. Lot lines shall be extended through the area or appropriate common ownership documents shall be drawn which place the fee ownership and responsiblity with an owner's association. The developer has the opportunity to submit plans and to suggest other alternatives to the City. 10. This approval is explicitly conditioned upon the compliance with applicable requirements of the State Environmental Review Program as follows: a. This approval does not preclude the imposition of changes in the project or of mitigation measures that would reduce or avoid environmental impacts that are disclosed in the Environmental Assessment Worksheet (EAW), comments received on the EAW, the Environmental Impact Statement (EIS), and comments received on the EIS. b. This approval is conditioned upon the completion of the required Environmental Review process in accordance with State Environmental Quality Board rules rather than on a decision that the Environmental Impact Statement is adequate. c. This approval does not preclude an ultimate decision by City or by any other governmental unit to deny approval of the project pursuant to Minnesota Statutes Section 116D.04, Subdivision 6 in the event that an Environmental Impact Statement should reveal that the project would be likely to cause pollution, impairment, or distruction of the environment and that there is a "feasible and prudent" alternative to the project. see next page) Resolution No. 89-468 Page Three File 89061 11. Site plans or approvals for the parcels that appear to back up to County Road 10 shall be high amenity and heavily landscaped and shall not have dumpsters, loading docks, or the like on the rear side. 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. Cm mrilmembers Vasiliou, Ricker, Zitur and Sisk The following voted against or abstained Non Whereupon the Resolution was declared duly passed and adopted. APPENDIX A TO RESOLUTION 90 - FINDINGS OF FACT A. Compliance with Procedures of the Minnesota Environmental Policy Act and Minnesota Rules, parts 4410.0200 to 1. The Bass Creek Business Park falls within the mandatory EAW categories of Minn. Rules, part 4410.4300, subp. 14, items A(3) and B(3) (December 19, 1988) and within the mandatory EIS categories of Minn. Rules, part 4410.4400, subp. 11, items A(3) and B(3) (December 19, 1988), because the Project involves construction of a new mixed office, office/showroom, commercial, warehouse, and manufacturing facility in excess of the threshold square footages specified for a second class city. 2. The Responsible Governmental Unit ("RGU") is the local governmental unit, the City of Plymouth ("City"). Minn. Rules, parts 4410.4300, subp. 14, items A and B and 4410.4400, subp. 11, items A and B (December 19, 1988). 3. The proposer of the Project is Opus Corporation. 4. The Scoping EAW and Draft Scoping Decision were prepared by the City with assistance from the proposer, who submitted completed data portions to the RGU for its consideration and approval. Minn. Rules, part 4410.1400 December 19, 1988). k 5. The Scoping EAW was prepared in a form approved by the Minnesota Environmental Quality Board ("EQB"). Minn. Rules, part 4410.1300 (December 19, 1988). 6. The Scoping EAW addressed the following major categories: a. Identification of the Project by project name, project proposer, and project location; b. Identification of the RGU, EAW contact person, and instructions for interested persons to submit comments; C. Description of the Project, methods of construction, quantification of physical characteristics and impacts, project site description, and land use and physical features of the surrounding area; d. Resource protection measures that have been incorporated into the project design; e. Major issues sections identifying potential environmental impacts and issues that required further investigation before the Project was commenced; and f. Known governmental approvals and reviews required, applied for, or anticipated, and the status of any applications made, including permit conditions that were ordered or being considered. Minn. Rules, part 4410.1200 (December 19, 1988). 7. The City issued the Scoping EAW and Draft Scoping 2- k Decision on August 25, 1989, and within five (5) days thereof provided a copy of the Scoping EAW and Draft Scoping Decision to the EQB staff. 8. On August 25, 1989, the City submitted one copy of the Scoping EAW and Draft Scoping Decision to all agencies listed on the official EQB Mailing List, including: a. Each member of the EQB; b. Opus Corporation; C. The U.S. Corps of Engineers; d. The U.S. Environmental Protection Agency; e. The U.S. Fish and Wildlife Service; f. The State Historical Society; g. The Environmental Conservation Library, h. The Legislative Reference Library; and i. The regional development commission (the Metropolitan Council) and regional development library the Ridgedale-Hennepin Area Library). Minn. Rules, part 4410.1500, item A (December 19, 1988). 9. On August 25, 1989, the City provided a press release, which contained a notice of availability of the Scoping EAW and Draft Scoping Decision for public review, to the EQB Media Mailing List, the Wayzata Weekly News, the Plymouth Post -News, and the Minneapolis Star Tribune. The press release also included the name and location of the Project, a brief description of the Project, the location at which copies of the Scoping EAW were available for review, the date the comment 3- r. period expired, the procedures for commenting, and the time, place and date of the public scoping meeting. 10. Notice of the availability of the Scoping EAW and Draft Scoping Decision was published in the EQB Monitor on September 4, 1989, with an accompanying notice of a public scoping meeting to be held on September 25, 1989. 11. The thirty -day scoping period began on September 4, 1989 and ended on October 4, 1989. Minn. Rules, part 4410.2100, subp. 3, item A (December 19, 1988). 12. The public scoping meeting was held at the Plymouth City Center from 4:30 p.m. to 7:00 p.m. on September 25, 1989, which date was not less than fifteen days after publication of the notice of availability of the Scoping EAW. Minn. Rules, part 4410.2100, subp. 3, item B (December 19, 1988). 13. During the thirty -day scoping period, the following written comments were submitted: a. Metropolitan Council letter, dated October 3, 1989; and b. Minnesota Department of Natural Resources letter, dated October 4, 1989. In addition, the following written comment was submitted after the close of the thirty -day scoping period: a. Minnesota Historical Society letter, dated October 10, 1989. These written comments are reproduced in Appendix A of the Scoping Decision. 4- r. 14. No oral comments were received at the public scoping meeting on September 25, 1989. 15. The Plymouth City Council approved the Scoping Decision on October 16, 1989. The Scoping Decision was distributed on October 27, 1989 to all persons and organizations on the EQB Mailing List and to all other persons or organizations who commented on the Scoping Decision, which date was within fifteen days after the thirty -day scoping period ended at 4:30 p.m. on October 4, 1989. Minn. Rules, part 4410.2100, subp. 3, item C (December 19, 1988). 16. The Scoping Decision contained the following: a. The issues to be addressed in the EIS; b. Identification of the permits for which information was being gathered concurrently with EIS preparation; C. Identification of the permits for which a record of decision would be required; d. Identification of the alternatives that would be addressed in the EIS; e. Identification of potential impact areas resulting from the Project itself and from related actions which would be addressed in the EIS; and f. Identification of necessary studies requiring compilation of existing information or the development of new data that could be generated within a reasonable period of time and at a reasonable cost. Minn. Rules, part 4410.2100, subp. 6 (December 19, 1988). 5- k 17. The City's response to the comments received during and after the scoping period can be found in Section 7.0 (pages 10-12) of the Scoping Decision. 18. An EIS preparation notice was published in the EQB Monitor on October 30, 1989. The notice contained a summary of the Scoping Decision. Minn. Rules, part 4410.2100, subp. 9 December 19, 1988). 19. The City distributed to the Plymouth Post -News, the Wayzata Weekly News, and the Minneapolis Star Tribune a press release announcing the Scoping Decision, giving notice of EIS preparation. Minn. Rules, part 4410.2100, subp. 9 December 19, 1988). 20. A Draft EIS was issued by the City on November 29, 1989. 21. Notice of Draft EIS availability was published in the EQB Monitor on November 27, 1989. 22. The City supplied a press release to the Plymouth Post -News, the Wayzata Weekly News, and the Minneapolis Star Tribune on November 29, 1989. Minn. Rules, part 4410.2600, subp. 6 (December 19, 1988). 23. Both the notice of availability in the EQB Monitor and the press release contained notice of the date, time and place of the Draft EIS informational meeting, notice of the location of the copy of the Draft EIS available for public review, and notice of the date of termination of the comment period. Minn. Rules, part 4410.2600, subp. 7 (December 19, 1988). a. 4 24. The entire Draft EIS was distributed to all persons and organizations who commented on the Scoping EAW, both before and after the close of the comment period, Hennepin County, the cities of Maple Grove, Brooklyn Park and New Hope, and also to those persons and organizations on the EQB Mailing List, including: a. Those governmental units which have authority to permit or approve the Project, to the extent known; b. Opus Corporation; C. The EQB and EQB staff; d. The Environmental Conservation Library; e. The Legislative Reference Library; and f. The regional development commission (the Metropolitan Council) and the regional development library (the Ridgedale-Hennepin Area Library). Minn. Rules, part 4410.2600, subp. 3 (December 19, 1988). 25. The Draft EIS informational meeting was held at the Plymouth City Center from 4:30 p.m. to 7:00 p.m on December 21, 1989, which date was not less than fifteen days after publication of the notice of availability in the EQB Monitor. No oral testimony was received, and thus there is no transcript of the meeting. Minn. Rules, part 4410.2600, subp. 8 December 19, 1988). 26. The record remained open for public comment until January 4, 1990, which date was not less than ten days after the last date of the informational meeting. Minn. Rules, part 441.0,'1.600, subp. 9 (December 19, 1988). 7- k 27. During the Draft EIS public comment period, written comments were received from the following persons and organizations: a. City of Maple Grove, James Deane, Mayor, letter to Charles E. Dillerud dated December 22, 1989; b. Metropolitan Council, Steve Keefe, Chair, letter to Blair Tremere dated December 27, 1989, with two attached reports dated December 18, 1989 and December 21, 1989; and C. Suburban Hennepin Regional Park District, David K. Weaver, Director, letter to Blair Tremere dated January 4, 1990. In addition, written comments were received from the following persons and organizations after the close of the Draft EIS public comment period: a. City of New Hope, Daniel J. Donahue, City Manager, letter to Blair Tremere dated January 16, 1990 (facsimile received by Plymouth on January 16, 1990, and original by mail on January 17, 1990); b. Minnesota Department of Natural Resources, Thomas W. Balcom, Supervisor, letter to Blair Tremere dated January 4, 1990 (postmarked January 9, 1990, and received by Plymouth on January 10, 1990); C. Minnesota Department of Transportation, Isaac McCrary, Jr., Environmental Coordinator, letter to Blair Tremere dated January 9, 1990 (received by Plymouth on January 10, 1990); and Us0 r, d. Minnesota Pollution Control Agency, Debra L. McGovern, Director, letter to Blair Tremere dated January 8, 1990 (received by Plymouth on January 9, 1990). The above written comments are reproduced in Appendices C and D of the Final EIS. 28. The City's responses to these comments can be found in Sections 3.0, 4.0, and 9.0 of the Final EIS (pages 10-11, 12-15, and 20-42, respectively). 29. The Final EIS was issued by the City on February 5, 1990. 30. The notice of Final EIS availability was published in the EQB Monitor on February 5, 1990. 31. A press release containing notice of Final EIS availability was issued to the Plymouth Post -News, the Wayzata Weekly News, and the Minneapolis Star Tribune on February 5, 1990. Minn. Rules, part 4410.2700, subp. 5 (December 19, 1988) 32. Both the notice of Final EIS availability in the EQB Monitor and the press release contained notice of the location of the Final EIS available for public review and notice of the opportunity for public comment on the adequacy of the Final EIS. Minn. Rules, part 4410.2700, subp. 6 (December 19, 1988). 33. Copies of the Final EIS were mailed by the City to all persons and organizations who have commented during the EIS process, to Hennepin County, to the City of Brooklyn Park, and to those on the EQB Mailing List. ME 34. It has been at least ten days since the publication in the EQB Monitor of the notice of availability of the Final EIS. Minn. Rules, part 4410.2800, subp. 3 (December 19, 1988). B. Addressing Issues Revised in Scoping. 35. The Scoping Decision delineated the following issues to be addressed in the EIS: a. The impact of the Project on local and regional transportation systems providing access to the Project; b. The impact of construction and Project -related noise on receiver sites near the Project; C. Control of fugitive dust generated by construction activities; d. The impacts on groundwater resulting from temporary dewatering during certain construction periods; e. The amount of solid waste to be generated by the Project and the capabilities of local and regional waste disposal facilities; f. Soil erosion control measures to be used during Project construction; g. A survey of the Project site for historical, architectural, cultural, or archaeological sites; h. The impacts of the Project on on-site protected wetlands and shoreland zones; i. The impacts of Project construction and development on on-site and adjacent wildlife habitat and vegetation; 10- j. The impacts of increased surface and storm water runoff generated by the Project; k. Estimation of the amounts of sanitary sewage which will be generated by the Project and the capabilities of existing facilties to transport and process these amounts; 1. Project utility needs; M. The economic, employment, and sociological impacts of the Project; n. The impacts of the Project on on-site prime farmlands; and o. The impact of the Project on the adjacent Eagle Lake Regional Park. 36. The City included in the EIS all issues raised during the scoping period for which information could be reasonably obtained. 37. The Final EIS addresses and analyzes all of the foregoing issues. C. Responses to Comments. 38. Comments concerning the issues raised in the scoping process were received during the Draft EIS review. The City's responses to these comments are set forth on pages 10-15 and 20-42 of the Final EIS. 39. The following comment was received during the Final EIS comment period: 11- a. City of Maple Grove, Randall Graves, Community Development Director, letter to Blair Tremere dated February 20, 1990. In addition, the following two comments were received after the close of the Final EIS comment period: a. Suburban Hennepin Regional Park District, David K. Weaver, Director, letter to Blair Tremere dated February 16, 1990 (received by Plymouth on February 21, 1990); and b. Preliminary Metropolitan Council report dated February 15, 1990, prepared by Richard E. Thompson facsimile received by Plymouth on February 21, 1990), as amended by the Metropolitan and Community Development Committee and adopted by the Metropolitan Council on February 22, 1990. Copies of the comment letters and the City's responses to those comments are set forth in Appendix B of this Resolution. CONCLUSIONS 40. The City makes the following Conclusions: a. The Final EIS was prepared in compliance with the procedures of the Minnesota Environmental Policy Act and Minn. Rules, parts 4410.0200 to 4410.6500 December 19, 1988); b. The Final EIS addresses the issues raised in scoping so that all issues for which information can be reasonably obtained have been analyzed; and Bra 2166y C. The Final EIS provides responses to the substantive comments received during the Draft EIS review concerning issues raised in scoping. 13- APPENDIX B TO RESOLUTION 90 - On February 15, 1990, the City of Plymouth issued the Bass Creek Business Park Final Environmental Impact Statement the "Final EIS"). The Final EIS updated certain sections of the Bass Creek Business Park Draft Environmental Impact Statement (the "Draft EIS") to respond to comments made during the Draft EIS review period. Section 8.3A of the Final EIS provided that written comments could be made on the Final EIS at any time through February 19, 1990. The February 19 deadline was extended to February 20, 1990 to compensate for the President's Day holiday on February 19, 1990. The following comment was received during the Final EIS comment period: A. City of Maple Grove, Randall Graves, Community Development Director, letter to Blair Tremere dated February 20, 1990. In addition, the following two comments were received after the close of the Final EIS comment period: A. Suburban Hennepin Regional Park District, David K. Weaver, Director, letter to Blair Tremere dated February 16, 1990 (received by Plymouth on February 21, 1990); and B. Preliminary Metropolitan Council report dated February 15, 1990, prepared by Richard E. Thompson (facsimile received by Plymouth on February 21, 1990), as amended by the Metropolitan and Community Development Committee and adopted by the Metropolitan Council on February 22, 1990. Copies of these comments are attached to this letter as Exhibits A-1, A-2 and A-3. The purpose of this letter is to summarize and address the comments received during and after the Final EIS comment period. References made herein to the "Project" shall refer to the Bass Creek Business Park. The comments and recommended responses are as follows: 1. Maple Grove requested coordination of the planning and design efforts related to the compensatory wetland on the Project site and the ponding basis and its outlet in the Vern Donnay Eagle Lake Fifth Addition property during the planning stages of both projects. In response, coordination of planning efforts, as suggested, has been initiated and is currently underway as design solutions are evolving for both the Project and the Vern Donnay property. Representatives of both Opus Corporation and Vern Donnay have met and have maintained contact as solutions for the compensatory wetland on the Project site and the ponding basin on the Vern Donnay property have evolved. The current direction of these efforts is toward a solution in which each party benefits by the other's actions. The plan under discussion would permit Vern Donnay to place a portion of the southern ponding basin for Eagle Lake Fifth Addition on Opus's property. This would include a berm to deepen the pond, thus establishing normal and high water pond elevations which would provide recharge for the adjacent compensatory wetland being created by Opus. This plan will be subject to approval by the Minnesota Department of Natural Resources and the City of Plymouth. Maple Grove's concerns will be addressed in this process. 2. Maple Grove commented that due to potential flooding from the Siltation Basin #4 outlet on the Project site, Maple Grove would prefer that outflow be restricted to the current 18 inch CMP capacity with all emergency overflows of water beyond the culvert's capacity being directed overland to the west, bypassing the Maple Grove residential area. In response, the referenced 18 inch CMP, which provides drainage to the north from the area in which Siltation Basin #4 is located, has never been considered as part of the outlet for Siltation Basin #4. The intended direction for all flows from Siltation Basin #4, both in a normal rainfall occurrence and in an overflow situation, has been to the west to Pike Lake, not north to the existing culvert. The possibility of utilizing the existing culvert for some conveyance from Siltation Basin #4 can be explored during the final design of the planned storm water management system, but in no case would it be expected that the current capacity would be exceeded. Maple Grove's concerns will be addressed through the City of Plymouth's required final site plan approval processes. 2 - E 3. Maple Grove's letter stated that the overland flow velocities for the outlet of Siltation Basin #3 should not exceed 1.5 feet per second unless additional channel protections are planned. In response, the final design for the outflow from Siltation Basin #3 has not been completed at this time. It is expected that all of the factors suggested would be taken into account and incorporated into the final solution at the final plat stage. Final engineering design and construction documents for the drainage improvements will be developed at that time. Maple Grove's concerns will be addressed through the City of Plymouth's required final site plan approval processes. 4. Maple Grove commented that inflows of water to Siltation Basin #4 from the parking area of Lot 5 on the Project site and the sloping of the landscaped area of Lot 6 should be controlled to prevent excessive velocities down the 3:1 slope leading into the pond. In response, the grading and drainage plans included in the Final EIS are somewhat general in nature and reflect the major systems required for the Project. Site specific details, including the design of storm sewer systems for parking lots, roof drainage, and landscaped areas (where necessary) have not been developed. It would not be the intent, nor would it be consistent with City of Plymouth policies, to direct runoff from parking areas such as that on Lot 5 overland to the siltation basins. Additional on-site storm sewer systems will be designed at the site specific planning and design stages of the Project. Maple Grove's concerns will be addressed through the City of Plymouth's required final site plan approval processes. 5. Maple Grove stated that if on-site siltation basins are designed in accordance with the U.S. Environmental Protection Agency's Nationwide Urban Runoff Program (NURP) design criteria, they would require pool volume greater than or equal to a 2.5 inch rainstorm under fully developed conditions with a 25 percent increase in volume allowed for 25 years of sediment accumulation. In addition, Maple.Grove stated that the mean depth of the permanent pool should be greater than or equal to 4 feet and requested that hydrologic data be provided to show that the basins meet the NURP design criteria for phosphorus treatment. Maple Grove also requested additional water quality calculations to support the 60% phosphorus treatment statement in the Final EIS. In response, the siltation basins that will be constructed on the Project site will conform to NURP design criteria. A listing of those criteria is attached hereto as 3 - Exhibit B. Exhibit C provides a comparison of the proposed basins to NURP design criteria. All four proposed basins either equal or exceed the permanent storage volume requirements of NURP. The expected phosphorus removal efficiencies of these basins exceeds 60 percent, as demonstrated by the plots in the figure attached hereto as Exhibit D. Maple Grove's concerns will be addressed through the City of Plymouth's required final site plan approval processes. 6. Finally, Maple Grove requested more detail as to where and how berms would be constructed, especially with regard to site limitations and visual impacts. In response, the Final EIS references berming and landscaping as elements to provide visual buffering along the northern boundary. It was not the intent of those statements to imply that both methods of controlling views would be applied to all the areas where the transition from non-residential to residential use occurs. In areas such as the one referenced on Lots 5 and 6, where Siltation Basin #4 precludes berming, there would be a reliance on landscaping to provide adequate screening. In other areas where there are substantial elevational difference between residential and non-residential uses, there would also be reliance primarily on landscaping to provide screening. Berming as a means of visual control would be incorporated only in those areas where available space within the 100 foot buffer zone and relative elevations of residential and non-residential uses would allow for reasonable and sensible creation of berms. The site plans and lot configurations along the northern boundary are conceptual in nature, and were intended to illustrate the maximum intended development intensity for study in the EIS. It is very likely that the ultimate site planning and configuration of building, parking, and landscaped areas, and even grade relationships, may vary from those illustrated when the site actually develops. The objectives and parameters of visual control of the area have been established in the planning and approvals to date. The responsibility for successful application and implementation of visual control rests with Opus Corporation and the City of Plymouth as part of the final site plan design review and approval process as described in the Final EIS. Maple Grove's concerns will be addressed through the City of Plymouth's required final site plan approval processes. B. Suburban Hennepin Regional Park District Comment Letter. The Suburban Hennepin Regional Park District Hennepin Parks") comment letter states that Hennepin Parks 4 - r. disagrees that the estimated phosphorus loading to Pike and Eagle Lakes resulting from the Project is an unavoidable impact of the proposed development. Hennepin Park believes it is feasible to route the discharge from Siltation Basin #3 east into either Siltation Basin #1 or Siltation Basin #2, thus removing 59 acres from the Pike Lake drainage area and reducing the Project -generated phosphorus load to Pike and Eagle Lakes by approximately 85%. Hennepin Parks claims that because rivers are more capable of assimilating nutrients than lakes, if the majority of the storm water is routed east into Siltation Basin #1 or #2 and is then discharged into Bass Creek and eventually the Mississippi River), the impacts of the Project on water quality would be minimized. The Hennepin Parks comment letter expresses the additional concern that although the Project's impacts on Pike and Eagle Lakes are significant, the Project represents only five percent of the watershed area and that, with 60% of the watershed yet to be developed, the increase in phosphorus loading from future developments could potentially make Eagle and Pike Lakes virtually unsuitable for recreational use." In response, it would be technically feasible to install a pipe to route discharge from Siltation Basin #3 to Siltation Basin #1 or #2, and eventually into Bass Creek, although, as discussed below, the effect of this diversion would be to shift the impacts of phosphorus loading from Pike and Eagle Lakes to Palmer Lake in Brooklyn Center. City of Plymouth engineering standards specify a minimum pipe size of 15" for public drainage improvements. A 15" pipe would provide more than adequate capacity to route the 2.5" rainfall which is the basis of the Final EIS water quality analysis from Siltation Basin #3. It is our understanding that a 2.5" rainfall is representative of the frequent rainfall condition which transmits pollutants. By way of comparison, the City's storm sewer design criteria for establishing pipe sizes is a 5 year frequency storm of 3.5". Installation of a 15" pipe from the wetland near Siltation Basin #3 to the large wetland on the east side of the Project site would cost approximately $100,000. In order to minimize pipe depth and maximize site flexibility, the pipe would be routed along the cul-de-sac in the northern portion of the Project site, paralleling the storm sewer which will empty into Siltation Basin #2. The pipe would not route storm water to Siltation Basin #2, but rather would outlet directly into the major wetland. Cost for the approximately 2,200 l.f. of 15" pipe and attendant structures is estimated at $75,000. Modifications to the previously designed system necessary to resolve conflicts between this pipe and a segment of 54" pipe in the previous drainage plan are estimated to add another 25,000 to the cost. The solution suggested by Hennepin Parks 5 - is thus technically feasible at a cost of approximately $100,000. If this solution were pursued, no runoff from a rainfall of lesser intensity than something in excess of a 100 year event would reach Pike Lake. If the effluent from runnoff detention basin B-3 were diverted from Pike Lake to Bass Creek instead, there would be a net 4 kg/yr decrease in phosphorus loading to Pike Lake. This would result in very slight water quality improvements in Pike Lake as indicated in Table 1. The diversion would not significantly affect current Eagle Lake water quality. Phosphorus loading to Bass Creek would increase by 32.5 kg per year as a result of this diversion. The latter loading estimate assumes 60% phosphorus removal by detemion basin B-3, but no further removal by the Wetlands G (572W) or A (571W). TABLE 1: ESTIMATED LAKE WATER QUALITY; BEFORE AND AFTER BASS CREEK BUSINESS PARK DEVELOPMENT, ASSUMING EFFLUENT FROM DETENTION BASIN B-3 IS DIVERTED FROM PIKE LAKE TO BASS CREEK INSTEAD Parameter Pike Lake Eagle Lake units) Current Future Current Future Total phosphorus (mg/L) 50 49 35 35 Chlorophyll a (mg/L) 28 27 19 19 Secchi disc transparency m) 1.93 1.94 2.37 2.37 Bluegreen algal dominance M 52 51 42 42 Algal bloom frequency of summer with Ch1 a 30 mg/L) ca. 70 ca. 69 ca. 20 ca. 20 Source: Barr Engineering, February, 1990 Some small amounts of additional particulate phosphorus removal may occur in the Wetland A (571W) adjacent to detention basins B-1 and B-2. Most particulates should be removed by detention basin B-3, however, and only soluble dissolved) phosphorus will be discharged to the wetland. This soluble phosphorus will be detained in the wetland through M- 4 biological uptake during the growing season, but subsequently released when wetland plants die and decompose. The released phosphorus will then be exported from Wetland A (571W) via Bass Creek and Shingle Creek to Palmer Lake. Wetlands will change the temporal movement of dissolved phosphorus through the system, but will only retain a small fraction of the total annual phosphorus load. The City of Plymouth will require the project proposer to further study the alternative solutions that may be available to further decrease the introduction of phosphorus to Pike Lake and other water bodies that are downstream from this project. Those alternatives would include review of the concept of physically diverting storm water from the Pike Lake Drainage District; investigation of measures to physically reduce the amount of phosphorus introduced to storm water drainage from the site through control of fertilization activities on-site; and/or combinations of these alternatives for the reduction of phosphorus levels to Pike Lake by other water bodies. C. The Metropolitan Council Report The Metropolitan Council report recognizes that the water quality mitigation practices plan for the Project are the best practical treatment technologies" available. However, the Metropolitan Council disagrees that the water quality impacts on Eagle Lake are unavoidable. The Metropolitan Council report recommends that mitigation of Project impacts through off-site treatment or in -lakes treatment be made the responsibility of the City of Plymouth and the Shingle Creek Watershed Management Organization because "the developer is doing as much as is reasonably possible on the site." The report also states that the impacts of the Project must be assessed in the context of the cumulative effect of this and future development of the watershed. As adopted by the Metropolitan Council on February 22, 1990, the report concludes that the Project should be approved and that the City and Shingle Creek Watershed Management Organization should work to implement off-site treatment facilities to address the impacts of this Project and future developments. The City of Plymouth recognizes that a portion of the Drainage District that drains naturally to Pike Lake is located within the City of Plymouth. The balance of the drainage area is located in other communities. The City of Plymouth also recognizes the fact that the entire drainage area for Pike Lake is in the jurisdiction of the Shingle Creek Watershed District. Shingle Creek has adopted surface water quality standards which are met or exceeded by the Storm Water Drainage Management Plan proposed for this project. Consistent with established procedures with regard to 7 - 11 storm water drainage planning, the City of Plymouth continues to support the efforts of the Shingle Creek Watershed District, and the other Watershed Districts serving the City of Plymouth. The City of Plymouth will continue to insist that projects developed within the City be responsive to the standards established by the Watershed Districts with respect to storm water drainage -- including quality. 9935w a... 2. 2o. go 01 :45P vi - C ITY O F P L YM Ocr y3 EXHIBIT A-1 C City of GroveA4dpjFernbrookLane, Maple Grove, Minnesota 55399-9790 Blair Tremere Community Development Director City of Plymouth 3400 Plymouth Soul-evard Plymouth, MN 55447. Dear Mr. Tremere: February 20, 1990 Po 2 FEB 20 10, COMMUNITY DEVELOPMENT DEPT. 612-420-4000 g Q or. I + -i^gs The City of Maple Grove thanks you for the opportunity of reviewing the finalEnvironmentalImpactStatementfortheBassCreekBusinessPark. Since thisproposeddevelopmentliesalongourmutualboundary, the City of Maple Grove is concerned with the impact that this business park can have on the naturalenvironmentofourtwocommunities. Enclosed is a list of specific concerns raised by the Maple Grove EngineeringDepartment, most of which deal with concerns of storm water quality and quantity. The major concern addressed is the level of additional pollutants which mightaccruetoPikeandEagleLakesandthebestmethodsofreducingthepollutantload. Maple Grove would appreciate the opportunity of reviewing the final drainageplansforthisareaandbeingaffordedtheopportunityofofferingsuggestionsconcerningthosedetailswhichhaveimpactonMapleGrove. Your considerationinthismatterisgreatlyappreciated. Sf4a ly, Rvas Community Development RG: bjb Enclosure Serving Tbday, Shaping 'ibmorrow" AN EQUAL OPPORTUNITY EMPLOYER James Deane David Burtricss Charles F. Dehn Donaldi. Ru nWMayorCo'.+ncilmernber Councilmember Councilmember Director DonnaRyon Counclimember Q2. 20. 90 O1t5r WCZTYr OF PLYMOUTH t MEMORANDUM TO: Randy Graves, Community Development Director FROM: Jim Kujawa, Drainage Technician DATE: February 14, 1990 SUBJECT: Bass Creek Business Park Final EIS x'03 The following are comments in the final Environmental Impact Statement on theBassCreekBusinessParkinPlymouth: 1. Planning and designing efforts of the compensatory wetland in theOpuspropertyandthepondingbasinanditsoutletintheVernDonnayEagleLakeFifthAdditionpropertyshouldbecoordinatedduringtheplanningstagesofbothprojects. 2• Due to potential flooding from the basin #4 outlet, it is preferredtheoutflowberestrictedtothecurrent18" CMP capacity with allemergencyoverflowsofwaterbeyondtheculvert's capacity beingdirectedoverlandtothewest, bypassing the Maparea. le Grove residential 3. Overland flow velocities for the outlet of basin #3 should not exceed1.5 feet per second unless additional channel protections areplanned. 4. Inflows of water to basin #4 from the parking area of Lot 5 and thesloping, landscaped area of Lot 6 should be controlled to preventexcessivevelocitiesdownthe3:1 slope leading into the pond. 5. Preliminary hydrologic design data shows pond storage volumes basedona2 -inch rainfall with a minimum of wet pond volume provided forPhosphorousretention. The ponds if designed by NURP criteria, require pool volume greater than or equal to a 2.5 -inch rainstormunderfullydevelopedconditionswitha25; increase in volumeallowedfor25yearsofsedimentaccumulation. In addition, the mean depth of the permanent pool should be greaterthanorequalto4feet. We would request hydrologic data beprovidedtoshowthepondsmeetingtheNURPdesigncriteriaforphosphoroustreatment. Additional water quality calculations tosupportthe609phosphoroustreatmentstatementshouldalsobeprovided. 02. 20. 90 O 1 r"Id - C I TY O F P L PO4 6. Visual buffering effects are addressed with major emphasis given tobermingandlandscaping. Thereliminarshownobermsandver steepp y grading plans as submitted lots of Lots 3 and 6 and poding basgrades in #4- 3 and This between indicates norkinroomisavailableforbermswithoutthemajorexpenseofretainingwallsoradjustmentofpondandforbuildinglayout. Where and how thesebermsaregoingtobeconstructedwithregardstothesitelimitationsandvisualimpactsstillneedtobeaddressedinmoredetail. JCK:jb cc: Ken Ashfeld, P.E., City Engineer 2 02. 21. 90 O 1 ,f z 'KCITY OF PiINNEPI3V' PARKS Suburban Nonn*pin RopionoI Pork District 12615 County Rope( 9 P.O. Ba: 41320 Plymouth, MN W41 TOMDWS (612) 569.9= Fal (61 Z 5594297 Board of Commissioners met J. Dombro.vskl Char St. Lou, Path Nichola P. Eplprr V'se Chair Brooklyn Center JudRh S. Andenon Bbomingf on SNrloy A. tlon}ne Moole plain Robort L rTnpton it-Wn Center Moro H. Moeda Go+den Valiey Jomet M. Whtte Orono ouplat f. BryantD suxriMena ant a Secretary to the soorp EXHIBIT A-2 PO2 16 February 1 Blair Tremere FEB 21 1990CommunityDevelopmentDirectorCityofPlymouth Cu3400PlymouthBoulevard % Plymouth, Minnesota 55447 COMMUNITY DEVELOPMENT DEP Re: City of Plymouth Final Environmental Impact Statement forBassCreekBusinessPark Dear Mr. Tremere: Enclosed are Hennepin Parks' comments on the FinalEnvironmentalImpactStatementfortheBassCreekBusinessPark. Hennepin Parks staff finds the main issue raised by theFinalEIStobetheimpactoftheproposedprojectonthewaterqualityofPikeandEagleLakes. The Final EIS estimates that an 80—lbs/yr increase inphosphorusloadingtoPikeLakewilloccurasaresultof theproject. The increased loading will raise the phosphorusconcentrationinPikeandEagleLakesby8and3percent, respectively, resulting in a decrease in water clarity and anIncreaseinalgaeblooms. The Final EIS goes on to state thattheseareunavoidableimpactswhichwillresultfromtheproposeddevelopment. Hennepin Parks staff finds these impacts to Pike and EagleLakesunacceptableanddisagreesthattheyareunavoidable. The Draft EIS showed that the normal water elevation ofSiltationBasin #3 was approximately 12 feet above the normalwaterelevationsofSiltationBasins #1 and #2 (892.3 and 880, respectively). It appears feasible, therefore, to route thedischargefromSiltationBasin #3 east into either SiltationBasin #1 or #2. This would have the effect of removing 59acresfromthePikeLakedrainageareaandreducingthedevelopment—generated phosphorus load by approximately 85percent. A major concern of Hennepin Parks is that although theimpactsonPikeandEaglearesignificant, the area developedbythisprojectrepresentsonly5percentofthewatershed. Since 60 percent of the watershed has yet to be developed, theincreasesinphosphorusloadingfromfuturedevelopmentshavethepotentialtomakethelakesvirtuallyunsuitableforrecreationaluse. FIECYCLEO PAPER - Conserying our Resources CITY OF PLYM(-— F'03 Blair Tremere 16 February 1990Page2 If the majority of theSedimentationBasin #1 stormwater is routed east IntoCreeor #2. it will be discharged into BasskandthenflowintotheMississippiRiver. Because riversaremorecapableofassimilatingnutrientsthanlakes, theimpactsoftheprojectonwaterqualitywillbeminimized. We appreciate the opportunity to comment on the Final EISfortheBassCreekBusinessPark. Ifregardingthesecommentspleasecall meoathave 559-6705questions Si rely yours, David K. Weaver, Director Department of Natural Resources Management OiM--JM9/O505n COPY to: Douglas F. Bryant, Superintendent, Hennepin Parks r Dpi Vol FIR-10lri: SU-„ Zc•; CEXHIBIT A-3 ( tetr0.401i;e Cau F ;rac doers park aril o ^ ?ti,in Citi= AreaCan.ro, 2 3fh Sr. t. 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SUb fl CosAC:I a Q+s. eta Eu,r;t rr=vital ev'..wvaII" .her SQN^r q rtal i tpact 3t I., tit at s,,, - .,,"' ice' DIY nw~ip'tt2t cf a;i ti<en sii :g tp th.:ea , is Cx.,.rTt ...e ,uir" I' . make tra:s a. aj Pl...vut . r oasi te ade4cy. lie .sem- i`Ie mr: ^, u =&Macy for this r *o;ect ?S the city Z"h3 e~ r of ?rou:h subetit:tede Writt:r ;,^xr._ertu *III b4 receivedt sal * rivtry=ental pgG; Statement ea Frbrua. h cu h ieb.jary I4, I 4{?. 'Y r lWit?. ANAL SI XA7 ,",,L s"GURC S (Os:aoci) T I" uv ilti3,.:•a a$i t'Sfl^$t:.i f.'i9 l::i^z 1.; ther ; c.3 Ci' t:..3 ,:e.CtCrtGdIl: otl ti a HtC." ,uaiity L ~a eldeotil - G•Jcot t.^.ents, iGe 1 ro Qyt. e mrp:cacb used :,': t+he Anal=ss tom^ .sly;iTai :etrod used wR5 p:scticaiiv2andWnst=:s dile:., ' +.. ro.:d.::, .o t.,.: `.rsft E S. '*': i. p }. i:iicact to «'a I.Ite •,as scYew i1 h..5, b t no: i3' : cantly, it'e `:re i;. 1, ' G.:.. C het a e r k= Iva. dif ere f. 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L'04 C XO 9UAOAANOLe ' : 't=1.. 7 - :tM—a,•= r+i t ir. or, nv PARS'( :'7 + : 1 , ., LOCA iPLY } ,,,,;1.4NLr30TA _ LCvu' .it 1i , fit>.' 1?7• FIGURE 1-A Metropolitan Council M(- ;ng of February 22, 1990 C Business Item: B-4 METROPOLITAN COUNCIL Mears Park Centre, 230 East Fifth St., St. Paul, Minnesota 55101 612/291-6359 REPORT OF THE METROPOLITAN AND COMMUNITY DEVELOPMENT COMMITTEE Referral 90-17 DATE: February 22, 1990 TO: Metropolitan Council SUBJECT. City of Plymouth Final Environmental Impact Statement Bass Creek Business Park Metropolitan Council Referral File No. 14949-3 Metropolitan Council District No. 9 BACKGROUND At its meeting on February 15, 1990, the Metropolitan and Community Development Committee reviewed and discussed the staff report on the Final Environmental Impact Statement for the Bass Creek Business Park in Plymouth. The project is proposed in northeast Plymouth on 183 acres and will consist of a suburban mixed office, office/showroom, commercial, warehouse, and manufacturingdevelopmentof1.5 million square feet. It is proposed by the OPUS Corporation. ISSUES AND CONCERNS Richard Thompson, Council staff (ext. 6457), presented the report and answered questions from the committee. Answering a question from the committee, he stated that there was still disagreement between the FEIS and Council staff over the percentage of phosphorus loading onEagleLake, but the "bottom line" remained that there the added phosphorous would cause animpactonthelake. Dick Osgood, Council staff (ext. 6449), responded to a question regardingavialableoptionsfortreatingstormwaterbystatingthatthereisnotonesolutiontotreatingthiswaterforphosporus, but several different alternatives, any one of which would work. He indicated that to his knowledge, stormwater is not treated with chemicals. At its meeting on February 22, the Metropolitan Community and Development Committee heardcommentsfromMr. Walter Rockenstein and Mr. Robert Worthington representing OPUSCorporationaswellasCouncilstaffRichardThompsonandMarcelJouseau. Thompson pointed out that in the last paragraph on page 3 of the report the reference to "Fish Lake Regional Park" should be changed to "Eagle Lake Regional Park". After comments from OPUS representatives and Jouseau, it was recommended to change recommendation Number 2 by deleting the words "onlyafter" and replacing them with the words "and that". It was further recommended to add the word concurrently" between the words "program" and "that" in the fourth line. RECONINI ENDATTONS 1. That the Council adopt the staff report and findings as stated above as part of theserecommendations. 2. That the Council recommends, in order to maintain the water quality of important lakes andinordertopreventanimpactontheRecreationOpenSpacesystem, that this project be approved and that the city and the Shingle Creek WMO implement an off-site management program concurrently that addresses the impacts of this development as well as futuredevelopments. 3. That the city, along with the WMO, should prepare a plan for the Pike/Eagle Lake watershed that would provide the necessary off-site treatment and facilities to address the larger concerns of the watershed -wide impacts of development on lake water quality. Respectfully submitted, Gertrude Ulrich, Chair F. C EXHIBIT B Nationwide Urban Runoff Program (NURP) Design Recommendations for Stormwater Detention Ponds Stormwater runoff detention basins shall be designed to incorporate recommendations from the Nationwide Urban Runoff Program (NURP). These NURP recommendations (Walker, 1987)* include the following: 1. A permanent pool ("dead storage") volume below the principal spillwaynormaloutlet) which shall be greater than or equal to the runoff from a 2.5 -inch storm over the entire contributing drainage area assumingfulldevelopment. [This is based on the runoff from a 2 -inch storm increased by 25% (to 2.5 inches) to allow for sediment accumulation over a 25 -year operational period.] 2. A permanent pool average depth (basin volume/basin area) which shall be 4 feet, with a maximum depth of < 10 feet. 3. An emergency spillway (emergency outlet) adequate to control the one percent frequency/critical duration rainfall event. 4. Basin side slopes above the normal water level should be no steeper than 3:1, and preferably flatter. A basin shelf with a minimum width of 10 feet and 1 foot deep below the normal water level is recommended to enhance wildlife habitat, reduce potential safety hazards, and improve access for long-term maintenance. 5. To prevent short-circuiting, the distance between major inlets and the normal outlet shall be maximized. 6. A flood pool ("live storage") volume above the principal spillway shall be adequate so that the peak discharge rates from the 2 -year and 100 - year frequency, critical duration storms are no greater than pre - development basin watershed conditions. 7. Retardance of peak discharges for the more frequency storms can be achieved through a principal spillway design which may include a perforated vertical riser, small orifice retention outlet, or compound weir. Walker, W.W. 1987. Phosphorus Removal by Urban Runoff Detention Basins. Lake and Reservoir Management: Volume III. North American Lake Management Society. 2327435/T-DR,WP/TMK 4) X 1J 4 O W 41d ti4 b 4) U N a m O •.4 54 N a a b N G ^ 4 a N G+ G EoCo u G oa $ 4 O d W WW W OOG G W co O A N O 'O N -.1 cc O E u O cti U z EXHIBIT C O v N O -17 en W 0Ln cn co r -i w 00 O O O O En d %-1 At At At At 4) ONLn r-1 IO O en r -i N ao11% O to O O O O Q,' Vl N 00 r -i GW cl, IVI VI VI VcdVI o (D 4+ VI VI VIZAItd1* 7 O v N O -17 en W 0Ln cn co r -i w 00 O O O O En d %-1 At At At At N N d G W O O O O O ? 00 00 40 00 O 6 re A H 41 4) V Cd en D O ao11% to co Ln CN en en Q,' Vl N 00 r -i ap Ln cnO 41 W N N 4) O bo G b c0 x 7 D O 7 o W aq A At At At Ato x p 4) w a a) U G cd N 4 W CO lluo 7 O r` 7 en 40 cNU cU SOc Pq Oq f/1 Q' r-1 4 N O N N d G W O O O O O ? 00 00 40 00 O 6 re A H 41 V Cd 00 O (7% W cU to co Ln CN en en Q,' Vl N 00 r -i G O W 1) W G G O (D «a G 1w N r•1 N en 7 4) c0 I R' A po oq go oq oq c 4 H a 3 r-1 H y y cn n N cn N r EXHIBIT D 0 a m cD c cv s1Nv.LnllOd JONna Nb9kin lbnOW3a % 3Jda3AV Wa31 ONOI E O O ri O 0c 1-4 1 O Ln o O O X v d a w 00 rn W c0 H ca Z ua W y 4.4 O 4 C U 7 Q U p U Rf C7 s4 .a 2 A 4 HO Ow m s.i O m w Z r Oa 0 L L U a c ro O 0 U d OOw Q Q O cn W u G O C C •r+ Q E U) W w L1 U O Q w O 1 O O O • Ln H c aCi Z 4 U m CJ Q ro b a m w C O O r+ U) t.j •. C v U r - v ro v c C13 M4 x O 2 w 0 a m cD c cv s1Nv.LnllOd JONna Nb9kin lbnOW3a % 3Jda3AV Wa31 ONOI E 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 November, 19 89 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- 701 APPROVING AMENDED MIXED USE PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT/CONDITIONAL USE PERMIT FOR OPUS CORPORATION FOR BASS CREEK BUSINESS PARK (MPUD 89-1) (89061) WHEREAS, OPUS Corporation has requested approval of an Amended Mixed Use Planned Unit Development Preliminary Plat/Plan/Conditional Use Permit for the development of approximately 210 acres located at the northwest corner of Highway 169 and County Road 10; and, WHEREAS, the City Council, by Resolution No. 89-468 approved an MPUD Concept Plan for this site; and, WHEREAS, the Planning Commission has reviewed the request at a duly called Public Hearing and has recommended 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 Amended Mixed Use Planned Unit Development Preliminary Plan/Plat/Conditional Use Permit for OPUS Corporation for a development to be known as Bass Creek Business Park consisting of approximately 210 acres located at the northwest corner of Highway 169 and County Road 10 subject to the following conditions: 1. Compliance with the City Engineer's Memorandum including recommendations related to the findings of the Environmental Impact Statement. 2. Removal of all dead or dying trees from the property at the owner's expense. 3. No Building Permits shall be issued until a Contract has been awarded for sewer and water. 4. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of filing the Final Plat. 5. Street names shall comply with the City Street Naming System to include use of "Trenton lane" to the terminus of the north cul-de-sac, and Nathan Lane" to its intersection with "Trenton Lane". The east cul-de- sac shall be "59th Avenue North". see next page) RESOLUTION NO. 89-701 Page Two File 89061 6. 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. 7. No Building Permits shall be issued until the Final Plat is filed and recorded with Hennepin County. 8. Incorporation of tree protection provisions of Policy Resolution 89-439 in the Final Plat and Development Contract approval, with compliance concurrent with a grading permit or the initial final plat, whichever occurs first. 9. Staging of the development shall be in accordance with utility availability as approved by the City Engineer. 10. "Touchdown Points" for public street access to Bass Lake Road shall be limited to Nathan Lane and Trenton Lane. 11. The rezoning of this parcel shall reflect the relationship between CL and IP land uses and classifications as depicted by this plan amendment. 12. All public street right-of-way shall be dedicated with the Final Plat. 13. This approval is explicitly conditioned upon the compliance with applicable requirements of the State Environmental Review Program as follows: a. This approval does not preclude the imposition of changes in the project or of mitigation measures that would reduce or avoid environmental impacts that are disclosed in the Environmental Impact Statement (EIS), and comments received on the EIS. b. This approval is conditioned upon the completion of the required Environmental Review process in accordance with State Environmental Quality Board rules rather than on a decision that an Environmental Impact Statement is not necessary. c. This approval does not preclude an ultimate decision by City or by any other governmental unit to deny approval of the project pursuant to Minnesota Statutes Section 116D.04, Subdivision 6 in the event that an Environmental Impact Statement should reveal that the project would be likely to cause pollution, impairment, or destruction of the environment and that there is a "feasible and prudent" alternative to the project. 14. All trails constructed within the development shall be constructed to City of Plymouth trail specifications. They shall be private, with ownership and perpetual maintenance the responsibility of the property owner association. No park dedication credit will be available for this trail construction. 15. The storm water drainage area located in the northeast corner of the site shall be owned private y, subject to a drainage and utility easement in favor of the City of Plymouth. see next page) RESOLUTION NO. 89-701 Page Three File 89061 16. No grading or site preparation/alteration shall be initiated prior to completion of the environmental review process. 17. Site plans or approvals for the parcels that appear to back up to County Road 10 and County Road 169 shall be high amenity and heavily landscaped and shall not have dumpsters, loading docks, or the like on the side facing the road. 18. No final approval is granted or implied for individual site details such as setbacks, parking, landscaping, aesthetics curb -cuts and circulation; these will be addressed with the final plat and plans. 19. Each final site plan shall specifically address efforts to create and maintain the appearance of site and structures of the site consistent with the high visibility of the site and the requirement for transition to residential structures located north of the site. 20. All pertinent issues raised by agencies responding to the Environmental Impact Statement shall be addressed or mitigated, as required, with initial Final Plat/Final Site Plan documentation. The motion for adoption of the foregoing Resolution was duly seconded by Councilmember Ricker , and upon vote being taken thereon, the following voted in favor thereof: Mayor Schneider, Cn nrilmamharc Vasiliou Ricker Zitur and Sisk The following voted against or abstained Non 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 16th day of October , 19 89 The following members were present: Mayor Schneider CouncilmembPro The following members were absent: None Councilmember Sisk introduced the following Resolution and moved its adoption: RESOLUTION 89-648 APPROVING A SCOPING DECISION FOR AN ENVIRONMENTAL IMPACT STATEMENT (EIS) FOR BASS CREEK BUSINESS PARK BY OPUS CORPORATION (89061) WHEREAS, the City Council approved the MPUD Concept Plan for Bass Creek Business Park by OPUS Corporation by Resolution 89-468; and, WHEREAS, pursuant to the Minnesota Environmental Quality Board (MEQB) Rule Number 4410.2100, the City of Plymouth, as the Responsible Governmental Unit, submitted an Environmental Assessment Worksheet (EAW) scoping document for the development on September 4, 1989; and, WHEREAS, a scoping meeting was held on September 25, 1989, as prescribed by EQB rules; and, WHEREAS, the 30 -day review comment period expired on October 4, 1989, and all comments and recommendations received from reviewing agencies and other interested parties have been considered; WHEREAS, the MEQB Rules require that the City Council of the City of Plymouth to identify in a scoping decision the content of the Environmental Impact Statement; and, NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does establish items to be included in the Environmental Impact Statement Document for the proposed development knows as Bass Creek Business Park for OPUS Corporation, pursuant to the MEQB Rules and Regulations as found in Appendix A hereto as the Scoping Decision". 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, ( ri„rni lmom}iPY4 Vasiliou Ricker Zitur and Sisk The following voted against or abstained None Whereupon the Resolution was declared duly passed and adopted. MEMO t Q CITY OF PLYMOUTH I! 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: March 1, 1990 For City Council Meeting of March 5, 1990 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: 1991 - 1994 CAPITAL IMPROVEMENTS PROGRAM ACTION REQUESTED: Adoption of the attached resolution approving the 1991 - 1994 Capital Improvements Program (CIP) which was presented to the City Council on November 16, 1989. The resolution also modifies the previous resolution adopted by the City Council for the 1990 CIP. The resolution states that Item No. 7 of the "street" element (Schmidt Lake Road from West Medicine Lake Drive to Pineview Lane) is included in the 1990 Program for a Preliminary Engineering Report to analyze the alternatives. The City Council had previously deleted Item No. 7 when they approved the 1990 Program. BACKGROUND: Over the past several weeks the City Council has been considering the proposed 1990 - 1994 Capital Improvements Program. On February 5, the City Council approved the 1990 element of the program with the deletion of Schmidt Lake Road from West Medicine Lake Drive to Pineview Lane The City Council did not take any action on the other four years of the program. The Metropolitan Land Planning Act requires cities to have a Comprehensive Plan, including a five year Capital Improvements Program. Recently, the City Council has approved changes to our land use, sewer, and transportation elements of our Comprehensive Plan. These changes are currently being reviewed by the Metropolitan Council. As part of this review, we also need to submit our five year Capital Improvements Program. When the City Council approved the 1990 CIP, they deleted from the street element the proposed improvement of Schmidt Lake Road from Pineview Lane to West Medicine Lake Drive. This street was included in the proposed program based upon the anticipated development of a large retail shopping center on the Begin property at the northwest corner of West Medicine Lake Drive and County Road 9. Ryan Construction Company has received preliminary plat and general development plan approval for this shopping center. SUBJECT: 1991 - 1994 CAPITAL IMPROVEMENTS PROGRAM March 1, 1990 Page Two As part of the review and approval process for the shopping center, traffic studies were undertaken to determine the affect on the existing roadway system. The traffic studies previously undertaken assumed the existence of Schmidt Lake Road within this area. In order that the City could be informed of the traffic impacts when they consider final approval for the shopping center, I requested our traffic consultant to analyze the development with and without this portion of Schmidt Lake Road. Attached is that traffic analysis dated February 21, 1990. Based upon the assumption that the shopping center is approved and is occupied to full usage by the end of 1993 in accordance with the projections from the developer, the traffic analysis makes the following recommendation: The construction of Schmidt Lake Road from Pineview Lane to West Medicine Lake Drive should be completed by the mid 1990's in order to maintain safe and effective traffic operations on County Roads 9, 10, 61 and Larch Lane. In order to complete the construction of the subject segment of Schmidt Lake Road by the mid 1990's, the project planning, design, review, permit, and approval process should begin within the near future." The City Council has included within the 1990 Program the improvement of West Medicine Lake Drive which is needed to provide direct access into the shopping center. The northern end of this project is its connection with Schmidt Lake Road. Alternative alignments need to be considered for Schmidt Lake Road as part of the design for West Medicine Lake Drive. RECOMMENDATIONS AND CONCLUSIONS: It is my recommendation that the City Council adopt the 1991 - 1994 Capital Improvements Program as presented. I am further recommending that the City Council amend their previous action to include Schmidt Lake Road from Pineview Lane to West Medicine Lake Drive in the 1990 Program to undertake a Preliminary Engineering Report to analyze the alternatives. These alternatives would consider existing and proposed development, and physical features such as wetlands and trees. Fred G. Moore, P.E. FGM:kh attachments: Resolution Traffic Analysis P CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1990. The following members were present: , The following members were absent: its adoption: introduced the following Resolution and moved RESOLUTION NO. 90 - APPROVING ADOPTION OF FIVE YEAR IMPROVEMENTS PROGRAM 1991 - 1994 AMENDING 1990 PROGRAM WHEREAS, the City Council has developed a Capital Improvements Program for the year 1990 through 1994; and WHEREAS, said proposed program has been reviewed by the Planning Commission as to consistency with all local comprehensive plans; and WHEREAS, said proposed program has been reviewed by the public at a public hearing conducted on October 25, 1989. WHEREAS, by Resolution No. 90-80 the City Council approved the 1990 Program with the deletion of Item No. 7 from the "street" element; and WHEREAS, said 1990 approval should be amended to include the Preliminary Engineering Report to analyze the alternatives for Item No. 7. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the Capital Improvements Program for the year 1990 through 1994, attached to the November 16, 1989 memorandum from Fred Moore, Director of Public Works, is hereby adopted as the official Capital Improvements Program for the City of Plymouth with the inclusion of Item No. 7 of the "street" element (Schmidt Lake Road from West Medicine Lake Drive to Pineview Lane) in the 1990 program for a Preliminary Engineering Report to analyze the alternatives. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. x PYX 7Y C Y )YXX SRFSTRGAR-ROSCOE-FAUSCH, INC. CONSULTING ENGINEERS TRANSPORTATION CIVIL STRUCTURAL PARKING LAND SURVEYORS February 21, 1990 Mr. Fred Moore, P.E. Director of Public Works CITY OF PLYMOUTH 3400 Plymouth Boulevard Plymouth, Minnesota 55447 SRF No. 0891187 RE: SCHMIDT LAKE ROAD (FROM PINEVIEW LANE TO WEST MEDICINE LAKE DRIVE) - TRAFFIC IMPACT ANALYSIS OF ALTERNATIVES "WITH" AND WITHOUT" THE SUBJECT SEGMENT Dear Fred: As you requested, we have completed a city's roadway system considering a alternative for the subject segment of on this review and analysis, we offer recommendations for your consideration: SUMMARY OF FINDINGS review and analysis of the build" and "no build" Schmidt Lake Road. Based the following comments and 1. This analysis was completed using the city's transportation system computer network model (TRANPLAN), and the 1985 HIGHWAY CAPACITY MANUAL planning level signalized intersection capacity analysis. For this analysis the network model was revised to simulate year 2010 conditions without an interchange at Schmidt Lake Road and I-494 and with" and "without" the subject segment of Schmidt Lake Road. 2. Based on the forecasts produced by the computer model and forecasts previously developed for the Rockford Road Plaza development, p.m. peak hour critical lane volume estimates were made for the intersection of County Road 9 (Rockford Road) and County Road 61 (West Medicine Lake Drive). The intersection of County Road 9 and County Road 61 is the most critical intersection relative to the alternatives being considered for the subject segment of Schmidt Lake Road. Existing intersection geometrics were assumed for the critical lane volume estimates. 3. These future County Road 9 and County Road 61 critical lane volume estimates, together with the existing critical lane volumes, were plotted on a graph (see Figure 1) and connected with a typical traffic volume growth curve. Added to this graph is a line indicating the critical lane volume capacity level. Traffic volume growth profiles for each Schmidt Lake Road alternative are shown on the graph. Suite 150, One Carlson Parkway North, Minneapolis, Minnesota 55447 612/475-0010 FAX 612/475-2429 Mr. Fred Moore, P.E. -2- February 21, 1990 4. "Without" the subject segment of Schmidt Lake Road, volumes at the intersection of County Road 9 and County Road 61 will reach capacity sometime in the mid 1990's. "With" the subject segment of Schmidt Lake Road, the intersection will operate acceptably until year 2000. The proposed interchange at Schmidt Lake Road and I-494 will be needed by year 2000 to keep County Roads 9, 10 and 61, and Larch Lane intersection operations and levels of service acceptable. 5. "Without" the subject segment of Schmidt Lake Road, traffic volumes are significantly higher on County Roads 91 10, 61, and Larch Lane, than the forecasts for the alternative "with" Schmidt Lake Road (see Figures 2 and 3). SUMMARY OF RECOMMENDATIONS 1. The construction of Schmidt Lake Road from Pineview Lane to West Medicine Lake Drive should be completed by the mid 1990's in order to maintain safe and effective traffic operations on County Roads 9, 10 and 61, and Larch Lane. 2. In order to complete the construction of the subject segment of Schmidt Lake Road by the mid 19901s, the project planning, design, review, permit, and approval process should begin within the near future. 3. The city should continue to plan for a future interchange at Schmidt Lake Road and I-494. The subject segment of Schmidt Lake Road, in connection with this future interchange, will provide the city, and in particular, the Schmidt Lake and Bass Lake Neighborhoods, with an important link in the city's transportation system. Should you have any questions or comments concerning this review and analysis, please call. Sincerely, STRGAR-ROSC/O E-FAUSCH, INC. Dennis R. Eyler, P.E. Principal DRE/JRB/ljc 1.700 1.600 1.500 w j 1.400 J O w 1.300 c 1.200 U 0 FL 1.100 U J F 1.000 O H CR 9 / CR 61 CRITICAL LANE VOUME . WITH AND WITHOUT SUBJECT SCHMIDT LK RD 1995 2000 FORECAST YEAR WITHOUT S.L.R. RF STRGAR-ROSCOE-FAUSCH,INC. ISCONSULTING EINGINEERS SRF NO. 0891187 O CAPACITY 2010 City of Plymouth FIGURE Volume / Capacity Forecast Graph 1 Schmidt Lake Road Traffic Analysis NOTE: VOLUMES SHOWN ARE 2010 P.M. PEAK HOUR DIRECTIONAL VOLUME FORECASTS FOR AN ALTERNATIVE WITH" SCHMIDT LAKE RD. BETWEEN PINEVIEW LN. & W. MEDICINE LAKE DR. City of Plymouth FIGURE SRF STRGAR-ROSCOE-FAUSCH,INC CONSULTING EINGINTERS 2010 Traffic Forecasts with Schmidt Lk. Rd. 2 SRV NO. 0891187 Schmidt Lake Road Traffic Analysis m N NOTE: VOLUMES SHOWN ARE 2010 P.M. PEAK HOUR DIRECTIONAL VOLUME FORECASTS FOR AN ALTERNATIVE WITHOUT SCHMIDT LAKE RD. BETWEEN PINEVIEW LN. 3 W. MEDICINE LAKE DR. r. STRGAR-ROSCOE-FAUSCH,ING City of Plymouth FIGURE JSRF CONSULTING EINCINEERS2010 Traffic Fore casts without Schmidt Lk. Rd. 3 SRF NO. 0891187 Schmidt Lake Road Traffic Analysis 1990 - 1994 CAPITAL IMPROVEMENTS PROGRAM STREETS MAP PROGRAM NO. YEAR DESCRIPTION 1 1990 Medina Road - Brockton Lane to Co. Rd. 24 2 1990 Co. Rd. 6 - Fernbrook Lane to Co. Rd. 101 3 1990 Co. Rd. 101/14th Ave. - Traffic Signal 4 1990 Co. Rd. 9/Annapolis Lane - Traffic Signal 5 1990 Co. Rd. 9/Vinewood Lane - Traffic Signal 6 1990 West Medicine Lake Dr. - Co. Rd. 9 to Schmidt Lake Road 7 1990 Schmidt Lake Road - West Medicine Lake Dr. to Pineview Lane 8 1990 Co. Rd. 9/Nathan Lane - Intersections Improvement 1990 Street Resurfacing/Reconstruction 9 1991 Medina Rd. - Co. Rd. 24 to Vicksburg Lane 10 1991 Ferndale Road - Co. Rd. 6 to South City Limits 11 1991 Fernbrook Lane - 27th Ave. to 34th Ave. 12 1991 Zachary Lane/South Shore Dr. - 10th Ave. to Sunset Trail 13 1991 Valley Forge Lane - 10th Ave. - Highway 55 Frontage Road 14 1991 26th Ave. - Kilmer Lane to Medicine Ridge Road 15 1991 Zachary Lane/E. Medicine Lake Blvd. - 36th Ave. to Medicine Ridge Road 16 1991 Co. Rd. 10 - Nathan Lane to Sycamore Lane 17 1991 Northwest Blvd. - Co. Rd. 10 to Pineview Lane 1091 Street Resurfacing/Reconstruction 18 1992 Co. Rd. 9 - Polaris Lane to I-494 19 1992 Xenium Lane - Co. Rd. 6 to Highway 55 20 1992 Zachary Lane - 36th Ave. to Co. Rd. 10 21 1992 Northwest Blvd. - Schmidt Lake Road to 56th Ave. 22 1992 Schmidt Lake Road - West Medicine Lake Dr. to Orchid Lane 23 1992 Fernbrook Lane - Schmidt Lake Road to 47th Ave. 1992 Street Resurfacing/Reconstruction 24 1993 Fernbrook Lane - Glacier Lane to Harbor Place Add. 25 1993 Dunkirk Lane - Highway 55 to Co. Rd. 9 26 1993 Xenium Lane - 38th Ave. to Northwest Blvd. 1993 Street Resurfacing/Reconstruction STREETS MAP PROGRAM NO. YEAR DESCRIPTION 27 1994 6th Ave. - Pineview Lane to Zachary Lane 28 1994 Co. Rd. 101/Co. Rd. 24 - Traffic signal/Intersection Improvements 29 1994 New Co. Rd. 9 - Co. Rd. 24 to Vicksburg Lane 1994 Street Resurfacing/Reconstruction 1990 - 1994 CAPITAL IMPROVEMENTS PROGRAM SANITARY SEWER MAP PROGRAM NO. YEAR DESCRIPTION 1 1990 Northwest Trunk Sewer - Districts NW -16, NW -18, NW -20, NW -21, NW -22 and NW -23 2 1990 North Central Trunk Sewer - District NC -8, NC -9 and NC -11 MAP PROGRAM NO. YEAR 1990 - 1994 CAPITAL IMPROVEMENTS PROGRAM WATER DESCRIPTION 1 1990 Medina Rd. - Co. Rd. 101 to Vicksburg Lane 2 1990 Co. Rd. 101 - 3 M.G. Tower to Co. Rd. 9 3 1990 Co. Rd. 9 - Peony Lane to Vicksburg Lane 4 1990 Vicksburg Lane - Amhurst Add. to Schmidt Lake Road 5 1990 Schmidt Lake Road - Vicksburg Lane to Fernbrook Lane 6 1990 Fernbrook Lane - Schmidt Lake Road to 47th Ave. 7 1990 West Medicine Lake Dr. - 45th Ave. to Schmidt Lake Rd. 8 1990 Schmidt Lake Road - West Medicine Lake Dr. to Pineview Lane 9 1990 Well No. 13 - Central Well Field 10 1991 Co. Rd. 10 - Nathan Lane to Zachary Lane 11 1992 I-494 - 21st Ave. to Luce Line Trail 12 1992 Schmidt Lake Road - Fernbrook Lane to West Medicine Lake Dr. 13 1992 Northwest Blvd. - Schmidt Lake Road to 56th Ave. 14 1992 Well No. 14 - Zachary Well Field 15 1993 Fernbrook Lane - 10th Ave. to Harbor Place Add. 16 1993 Dunkirk Lane - Medina Road to Co. Rd. 9 17 1994 6th Ave. - Pineview Lane to Forestview Lane 18 1994 Well No. 15 - Central Well Field 1990 - 1994 CAPITAL IMPROVEMENTS PROGRAM MAP PROGRAM NO• YEAR DESCRIPTION 1 1990 POND BC -P1 1991 Pond and Drainage Improvements 1992 Pond and Drainage Improvements 1993 Pond and Drainage Improvements 1994 Pond and Drainage Improvements MAP PROGRAM NO. YEAR 1990 - 1994 CAPITAL IMPROVEMENTS PROGRAM PARKS DESCRIPTION 1 1990 Swan Lake Neighborhood Park Acquisition/Development 2 1990 Bass Lake Playfield/Neighborhood Park 3 1990 Ridgemount Playfield 4 1990 Trail .- 46th Avenue from Zachary to Nathan Lane 5 1990 Trail - West Medicine Lake from 18th Ave. to RR 6 1991 Northeast Neighborhood Park Acquisition/Development 7 1991 Plymouth Creek Park Tennis Courts (4) 8 1991 Shiloh Neighborhood Park Playground 1991 Trail 9 1992 Vicksburg & 22nd Avenue Neighborhood Park 10 1992 County Road 9 & Fernbrook Neighborhood Park 11 1992 Parkers Lake Playfield 12 1992 Phase II Playfield - Bass Lake 13 1992 West Medicine Lake Park Phase I 14 1992 Timber Shores Parking Lot 15 1992 Trail - Zachary Lane from Old 9 to Co. Rd. 10 16 1993 Mud Lake Neighborhood Park 17 1993 Phase II Playfield - Parkers Lake 18 1993 West Medicine Lake Park Phase II 19 1993 Gleanloch Playground Replacement 1993 Trail 20 1994 County Road 101 & 24 - Neighborhood Park 21 1994 Parkers Lake Group Picnic Grounds 1994 Trail 1990 - 1994 CAPITAL IMPROVEMENTS PROGRAM BUILDINGS MAP PROGRAM NO. YEAR DESCRIPTION 1990 Maintenance Facilities Expansion 1991 Public Safety Building MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 q - E DATE: February 26, 1990 for City Council Meeting of March 5, 1990 TO: James G. Willis - City Manager FROM: Richard J. Carlquist - Public Safety Director SUBJECT: AWARD OF BID FOR POLICE PISTOL RANGE ACTION REQUESTED: It is recommended that the City Council approve the attached resolution awarding the construction of the police pistol range to Caswell International Corporation. BACKGROUND: The City Council previously approved a public bid for the completion of the police pistol range in the basement of Fire Station 3. Only two companies bid. They were Caswell International Corporation and Detroit Armor Corporation. The Caswell total project bid was $40,024. The Detroit Armor bid was 58,269. The Detroit Armor bid not only was the highest, but failed to provide a 5% bid bond as required. Therefore, the Caswell bid was the lowest and only one to conform to the specifications. Originally, the police department had budgeted $50,000 to complete the construction of the pistol range. A purchase order was issued in January to Page Electrical Contractors to complete the electrical requirements for the firearms range. The total cost was $5,850. Also, in January a purchase order was issued to Caswell International to complete the installation of the bullet trap. The cost of this project was $3,973. Therefore, the total cost is $49,847. RECOMMENDATIONS AND CONCLUSIONS: It is recommended that the City Council approve the accompanying resolution awarding the police pistol range project to Caswell International Corporation. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: e following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION 90 - AWARDING THE CONTRACT BID FOR THE POLICE FIREARMS PISTOL RANGE TO CASWELL INTERNATIONAL CORPORATION. WHEREAS, the City of Plymouth has advertised for public bids to complete the installation of a police pistol firearms range; and, WHEREAS, the lowest responsible bidder was Caswell International Corporation ($40,024); NOW, THEREFORE LET IT HEREBY BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the police pistol range contract be awarded to Caswell International Corporation. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 MEMO DATE: March 1, 1990 TO: James G. Willis, City Manager FROM: Frank Boyles, Assistant City Manager/\ SUBJECT RESOLUTION CONFIRMING CITY COUNCIL DECISION TO EXTEND TRANSIT CONTRACT WITH MEDICINE LAKE LINES 1. 9- F ACTION REQUESTED: That the City Council adopt the attached resolution reaffirming action taken by Resolution 90-78 to reject all proposals and extend the existing contract with Medicine Lake Lines through March 31, 1991 to provide the necessary time to prepare requests for proposal for services to be initiated April 1, 1991. BACKGROUND: On February 5, the City Council adopted Resolution 90-78 which rejected all proposals and authorized a one year extension to the agreement with Medicine Lake Lines to provide commuter and reverse commuter transit services in Plymouth. In accordance with the dispute resolution process set forth in the request for proposals and as specified by the Regional Transit Board, the MTC appealed the City Council's decision on February 9, 1990, a copy of which has been supplied to each Councilmember. On February 23, an appeals panel consisting of Mayor Bergman, City Manager Willis, and myself, together with the City Attorney, met with MTC officials to discuss their appeal. Following the meeting, City Attorney prepared the attached Appeal Panel Decision dated March 1, 1990. The dispute resolution process as set forth in the Request for Proposals and as established by the Metropolitan Council, provides that the MTC may appeal the City's decision to a three member Dispute Resolution Board constituted by the Metropolitan Council and Regional Transit Board. I fully expect that the MTC will avail itself of this appeal avenue. 3. CONCLUSIONS AND RECOMMENDATIONS: It is recommended that the City Council affirm its original action to reject all proposals and authorize a one year contract extension with Medicine Lake Lines by adopting the attached resolution which endorses the appeal panel's report dated March 1, 1990. That the City Council approval the attached appeal panel decision by adopting the attached resolution. WA26ent CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of 19 The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 90 - WHEREAS, on February 5, 1990, the City Council by Resolution No. 90-78, rejected all the proposals that had been submitted in response to the Request for Proposals to provide commuter/reverse commuter transit service in the City; and WHEREAS, by Resolution No. 90-78, the City Council also awarded a one-year contract extension to Medicine Lake Lines to provide commuter/reverse commuter transit service in the City from April 1, 1990 through March 31, 1991; and WHEREAS, by a letter dated February 9, 1990, as amended by a letter dated February 15, 1990, the Metropolitan Transit Commission ("MTC") protested the City Council's action as set forth in Resolution No. 90-78; and WHEREAS, an appeal panel consisting of the Mayor, City Manager, and Assistant City Manager was convened to consider the MTC protest; and WHEREAS, on February 23, 1990 the appeal panel met with MTC representatives; and WHEREAS, the appeal panel has issued a written decision dated March 1, 1990; and WHEREAS, the City Council has reviewed and considered the appeal panel's decision; and WHEREAS, the appeal panel has concluded that the City Council's decision as set forth in Resolution No. 90-78, was not arbitrary or capricious and therefore concluded that the MTC protest should be denied and that the City Council should not reconsider its decision. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE COUNCIL COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that for the reasons set forth in the appeal panel's decision, MTC's protest is denied and that the City Council's action as set forth in Resolution No. 90-78 not be reconsidered. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Wherpupon the Resolution was declared duly passed and adopted. In the matter of the protest by the Metropolitan Transit ) CITY OF PLYMOUTH Commission of the decision ) APPEAL PANEL by the City of Plymouth to reject ) DECISION all proposals for the operation of ) daily public transit service ) BACKGROUND This decision is in response to a protest' filed by the Metropolitan Transit Commission ("MTC") dated February 9, 1990, as amended by a letter dated February 15, 1990, concerning the City of Plymouth's ("City") decision to reject all proposals for transit services. MTC contends that the City acted improperly in rejecting all proposals and in entering into a one-year contract with Medicine Lake Lines ("MLL"). In its protest the MTC contends: 1. The City Council failed to comply with procedural requirements. 2. The City did not have just cause to reject the proposal submitted by the MTC. 3. The City should have awarded the contract to MTC. The MTC served its protest on February 9, 1990. On February 16, 1990 the City .called for a meeting with MTC to discuss the protest. The appeal panel, consisting of the mayor, city 1 manager, and assistant city manager, met with MTC representatives on February 23, 1990 to discuss the appeal. MTC's protest requests the City to reconsider its decision and to award the contract to MTC. FACTS MLL presently provides the commuter/reverse commuter transit service for City residents living south of County Road 9 and west of Medicine Lake. MLL has provided those services since October 1, 1983 by contracting with the City, which is an "opt out" community under the provisions of the metropolitan transit program. Commuter transit service for residents living north and east of Medicine Lake has been supplied by MLL through a direct contract with the Regional Transit Board ("RTB"). Pursuant to the RTB guidelines for competitive procurement of public transit services, the City requested proposals to operate daily public transit service in the City. The Request for Proposals ("RFP") was dated August 14, 1989 and the proposals were due on September 20, 1989. Announcements inviting prospective transit providers to respond to the RFP were sent to more than 50 vendors nationwide. The RFP solicited proposals for a three-year contract commencing on April 1, 1990. At the suggestion of the RTB, the RFP contemplated that all of the commuter/reverse commuter transit service in the City would be consolidated into one contract. 2 In response to the RFP, the City received proposals from MLL, MTC, and Osseo - Brooklyn School Bus Company. The MTC proposal was a joint proposal in conjunction with Morley Bus Company. A total of nine separate options were submitted by the three proposers. MLL submitted six options, representing various types of dedicated and non -dedicated vehicles. Osseo - Brooklyn School Bus Company submitted one option and MTC submitted two options. The City retained the services of Strgar-Roscoe-Fausch, Inc. SRF") to assist the City in analyzing the proposals. Interviews were then conducted with the three proposers. As a result of the interviews, the Osseo - Brooklyn School Bus Company proposal was determined to be nonresponsive, and MLL withdrew four of its options. The City reviewed the two options submitted by MLL and the two options submitted by MTC. The primary difference between MLL's options were price, and passenger capacity and age of the mini -coach buses. The difference between the two options submitted by MTC was that one was based on a "marginal cost" approach and the second was based on a "fully allocated" cost approach. MTC proposed the same equipment under either option. The four options were then separately evaluated by the City staff and SRF, both of which gave the MTC marginal cost option the highest rating based on the criteria set forth in the RFP. By a report dated December 7, 1989 the City staff recommended 3 that a contract be executed with MTC to provide transit services to the City for three years commencing April 1, 1990. The City Council considered the contract award for the first time on December 18, 1989. Representatives from both MTC and MLL were present at that meeting. MLL requested that the City Council defer taking any further action because MLL had only had a short period to consider and review the staff recommendation. MLL also contended that the MTC proposal should not be accepted. The primary reasons for MLL's position was that it was improper to award a contract to MTC based on a marginal cost approach and that MTC's proposal did not comply with the minimum insurance requirement set forth in the RFP. At its December 18, 1989 meeting, the City Council deferred action on the contract award. On January 2, 1990 the City Council again deferred action on the contract. The City staff met with MLL representatives during January to determine whether MLL would be willing to negotiate an extension of the existing contract with MLL. By a letter dated January 25, 1990 the RTB informed the City that the RTB's position was that the City had the authority to reject all the proposals and to extend the contract with MLL for up to one year. By a memorandum dated February 2, 1990, the City staff informed the City Council that MLL was willing to enter into a one-year contract extension with the City. 4 The City Council again considered this matter at its February 5, 1990 meeting. At that meeting two alternative resolutions were submitted to the City Council for its consideration. The first resolution would have awarded the contract to MTC pursuant to the RFP. The second resolution rejected all proposals and authorized the mayor and city manager to execute a one-year extension with MLL. At the meeting the City staff informed the City Council that if it chose to reject all proposals and award a one-year contract to MLL, the City staff would be preparing a new RFP and would be seeking proposals for a new contract that would commence on April 1, 1991 at the expiration of the one-year contract extension with MLL. On February 5, 1990 the City Council voted to reject all proposals and extend the contract with MLL for one year. The City Council concluded that it was in the best interest of the City to do so because of the following reasons: 1. The controversy over whether MTC's proposal adequately addressed the insurance requirements in the RFP raised an issue as to whether MTC's proposal was responsive. 2. The pending appeal by MLL concerning the contract award by Southwest Metro Transit Commission ("SMTC") to MTC based on a marginal cost approach rather than a fully - allocated cost approach raised an issue as to whether a municipality could award a contract to MTC based on a marginal cost proposal. 3. MLL had 15 years of experience in providing transit service to the City. 4. MLL had competently provided transit service in a fashion that had satisfied the riding public. 5 5. The monetary amount of the one-year extension period , reflected the lowest cost proposal. 6. Additional safeguards had been incorporated into the extended contract to ensure quality transit service for the City. 7. The City's action complied with the RTB policies with respect to competitive procurement. Pursuant to the City Council's action, the City entered into a one-year contract with MLL by an agreement dated February 5, 1990. ISSUES The issues raised by MTC's protest are: 1. Did the City act properly in rejecting all proposals? 2. Did the City act properly in awarding a one-year contract extension to MLL? 3. Should the City have awarded the contract to MTC? DISCUSSION City's Rejection of Proposals. In the RFP, the City reserved the right to reject any and all proposals. By putting such a provision in the RFP, the City retained the discretion to reject all proposals. Such discretion should not be reversed unless there is substantial evidence demonstrating that the City acted arbitrarily and capriciously. If the City acted reasonably in rejecting all proposals, the 2 decision should not be reversed. 1 The purpose of an appeal panel, such as this one, is not to substitute its judgment for that of the City Council's, but rather to determine whether there was a rational basis for the decision. For several reasons, including concerns associated with the RFP process such as the insurance issue and the pending SMTC appeal, the City Council concluded that it would be in the best interest of the City to reject all proposals and to go through a new RFP process. At the hearing before the appeal panel, the MTC representatives stated that the appeal involving the SMTC case should be resolved by the Urban Mass Transit Association ("UMTA") by May 14, 1990. The issue in that appeal, whether it was appropriate for SMTC to award the contract based on a marginal cost approach, directly affects the award of the contract in this case. MTC contends that the RTB is the final decision -maker regarding local transit policies, not UMTA. Nevertheless, it is apparent that MLL disagrees with that position. The RTB Transit Dispute Resolution Board's decision dated November 28, 1989, which was affirmed by the RTB on December 18, 1MTC contends that the City did not have "just cause" to reject MTC's proposal. MTC's protest does not define the term just cause." To the extent that the MTC interprets "just cause" to mean something other than that the City cannot act arbitrarily and capriciously, the appeal panel rejects the "just cause" standard as being the proper standard for reviewing the City's decision. 7 1989, regarding the SMTC appeal notes that there is ambiguity in the RTB's competitive procurement policies regarding use of the marginal cost approach. The Board recommended that the RTB's policy be clarified to (1) define when the use of marginal cost is properly justified; (2) spell out in more detail what the RTB considers to be fully allocated costs, and (3) consider whether the proliferation of marginal cost service contracts somehow biases the MTC's calculation of fixed costs. The RTB has not yet acted on the Board's recommendation. The appeal panel concludes that the City Council's decision to reject all proposals was reasonable. It is reasonable for the City to wait until the SMTC case has been finally decided before awarding a contract for transit services. In light of the RTB's own concerns regarding the use of the marginal cost approach and the uncertainty regarding it, it is reasonable for the City to wait until a final decision has been made by the RTB regarding that issue before awarding a contract based on the marginal cost approach. The allegations regarding MTC's failure to comply with the insurance requirements in the RFP also constitute a reasonable basis for rejecting all proposals. The new RFP that will be issued by the City can specifically address that issue, as well as any others that need clarification. The appeal panel concludes that the City's decision to reject all proposals was reasonable. 3 Contract Award to MLL. MTC's arguments pertaining to the award of the one-year contract with MLL focus on two separate matters: procedural and substantive. First, MTC contends that the City acted improperly when the City staff negotiated a one-year extension with MLL before the City Council decided whether to reject the MTC and MLL proposals. Second, MTC contends that the reasons for extending the existing MLL contract were insufficient. The City staff negotiated with MLL between the January 2, 1990 City Council meeting and the February 5, 1990 City Council meeting. As a result of those negotiations, MLL indicated that it was willing to enter into a one-year extension of its existing contract with the City. The cost for the one-year extension period was the same cost as the lowest one that the City received through the RFP process. In addition, the City staff was able to negotiate additional safeguards in the MLL contract pertaining to items such as liquidated damages, performance bond, assurances that audit deficiencies would be honored, and better documentation of operation records. During the time frame that the City staff was negotiating with MLL, RTB issued a letter to the City indicating that the City had the authority to reject all proposals and to extend its 0 contract with MLL during the time period that it took to complete a new competitive procurement process. 2 At the February 5, 1990 City Council meeting, the City staff submitted two options to the City Council. The first was to accept the MTC's marginal cost proposal and to award a three-year contract to MTC. The second was to reject all proposals and to execute a one-year extension with MLL, during which period the City would solicit new proposals. The final decision of which option to take was the City Council's. It made that decision on February 5, 1990. Before making the decision, it was reasonable for the City Council to first have the City staff determine whether MLL was willing to agree to an extension of its contract with the City. At the hearing before the appeal panel, MTC representatives contended that even if the City acted properly in rejecting all proposals, it was not necessary to enter into a one-year contract with MLL. MTC representatives contended that the City could award a new contract within 30 days. The RTB's competitive procurement guidelines, which MTC acknowledges to be the proper guidelines to follow, state that the suggested timetable for competitively procuring transit 2 I the letter the RTB stated that the City's action had to be done for "just cause." For the reasons set forth earlier in this decision, the appeal panel does not believe that "just cause" is the appropriate standard. 10 services takes approximately 29 weeks from the time that the RFPs are sent until the new service begins. In light of the fact that UMTA's ruling is not expected until May, 1990 and that a reasonable time frame would be needed after that for the City to prepare a new RFP and to have it reviewed by its transit advisory committee, a contract extension of one year to MLL is reasonable. The City Council also concluded that the public interest was served by extending the contract to MLL because the correspondence and telephone calls received from the existing riders indicated satisfaction with MLL. RTB's competitive procurement guidelines state that a company's experience and qualification, including the company's reputation and past experience, is a factor in awarding a contract. In this case avoiding the potential disruptions and adjustments that would be created by changing to a new provider during the time that a new RFP process is completed also constitutes a valid reason to extend the MLL contract. In summary, the appeal panel concludes that the City's decision to award a one-year extension to MLL was reasonable and should not be set aside. Awarding the Transit Contract to MTC. In light of the appeal panel's decision on the first two issues, there is no need to address the MTC's contention that it should have been awarded the transit contract. The appeal panel 11 notes, however, that the Supreme Court of Minnesota has concluded that when reviewing a municipality's decision to award a contract a reviewing body does not have the authority to direct the municipality to accept any specific proposal. The reviewing body's only authority is to set aside the municipality's decision if the reviewing body concludes that the decision was arbitrary or capricious. Nielsen v. City of St. Paul, 88 N.W.2d 853 (Minn. 1958); Electronics Unlimited, Inc. v. Village of Burnsville, 182 N.W.2d 679 (1971). CONCLUSION The appeal panel concludes that the City Council's decision to reject all proposals and to enter into a one-year contract extension with MLL was not arbitrary or capricious. The appeal panel further concludes that the City Council should not reconsider its decision and that the MTC protest should be denied. Dated: March 1, 1990 Kim Bergman Mayor J mes G. Will s. C' M er i Fr nco e Assis t City Manager 12 CITYOF PLYMOUTH#q-er3400PLYMOUTHBLVD., PLYMOUTH, MINNESOTA 55447 MEMO DATE: March 1, 1990, for City Council meeting of March 5, 1990 TO: 3ames G. Willis, City Manager FROM: Laurie Rauenhorstflity Clerk, through Frank Boyles, Asst. City Manager SUBJECT NON -INTOXICATING OFF -SALE LIQUOR LICENSE APPLICATION OF SUPERAMERICA ACTION REQUESTED: Adopt the attached resolution setting a public hearing for March 19 to consider the application of Birch Bru, Inc., d/b/a SuperAmerica, 5750 Nathan Lane North, for a non -intoxicating off -sale liquor license. BACKGROUND: The City has received an application for a non -intoxicating off -sale liquor license from Birch Bru, Inc., for SuperAmerica, 5750 Nathan Lane. This is a new business. The City Code, Chapter 1206.35, Subd. 2, provides that a public hearing is required for the issuance of a new liquor license. The hearing is to be preceded by published notice and posted notice in at least three public places. RECOMMENDATION: The Council should establish a public hearing date for March 19 to consider the non -intoxicating off -sale liquor license application of Birch Bru, Inc., d/b/a SuperAmerica, 5750 Nathan Lane North. Pursuant to due call the City of Plymouth, The following members CITY OF PLYMOUTH and notice thereof, a meeting Minnesota, was held on the day of were present: The following members were absent: of the City Council of 19_. introduced the following Resolution and moved its adoption: RESOLUTION NO. 90 - SETTING PUBLIC HEARING TO CONSIDER THE NON -INTOXICATING OFF -SALE LIQUOR LICENSE APPLICATION OF BIRCH BRU, INC., 5750 NATHAN LANE NORTH WHEREAS, the City has received an application for a non -intoxicating off -sale liquor license from Birch Bru, Inc., d/b/a SuperAmerica, 5750 Nathan Lane, and WHEREAS, Plymouth City Code, Chapter 1206.35, Subd. 2, provides that a public hearing is required for the issuance of a license for a new premises. NOW, THEREFORE, BE IT RESOLVED BY THE CITY that a public hearing is hereby established Birch Bru, Inc., d/b/a SuperAmerica, 5750 off -sale liquor license. COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, for March 19 to consider the application of Nathan Lane North, for a non -intoxicating The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: March 1, 1990 For City Council Meeting of March 5, 1990 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: PLANS AND SPECIFICATIONS WELL NO 12 PUMPING FACILITY AND WATERMAIN CITY PROJECT NO. 909 ACTION REQUESTED: Adopt the attached resolution approving the plans and specifications and authorizing advertisement for bids for the pumping facilities and watermain for Well No. 12. BACKGROUND: The contractor has completed the drilling of Well No. 12 at the southwest corner of Fernbrook Lane and 21st Avenue. The well has been test pumped and has a capacity of approximately 1900 gallons per minutes. Our design for City wells is 1800 - 2000 gallons per minute. The consulting engineer, Bonestroo, Rosene, Anderlik and Associates, Inc., has completed the plans and specifications for the pumping facilities for this well and the necessary watermain to connect it to our existing system. The well is to be completed in June, 1990. RECOMMENDATIONS AND CONCLUSIONS: It is recommended that the City Council approve the plans and specifications and authorize advertisement for bids. Bids would be received on March 22, for presentation to the City Council at the April 2 Council meeting. Fred G. Moore, P.E. FGM:kh attachment: Resolution CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1990. The following members were present: , The following members were absent: its adoption introduced the following Resolution and moved RESOLUTION NO. 90 - APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WELL NO. 12 - PUMPING FACILITY AND WATERMAIN CITY PROJECT NO. 909 WHEREAS, pursuant to a resolution passed by the Council on February 27, 1989, the City's Consulting Engineer, Bonestroo, Rosene, Anderlik and Associates, Inc., has prepared plans and specifications for the pumping facilities and watermain at Well No. 12 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. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are 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 once shall specify the work to be done, shall state that bids will be received by the City Clerk until 10:00 a.m. on March 22, 1990 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. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. XX): CITY OF PLYMOUTH q_-- 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 MEMO DATE: March 1, 1990 for City Council Meeting of March 5, 1990 TO: Mayor and City Council FROM: James G. Willis, City Manager SUBJECT ROCKFORD ROAD PLAZA - SET DA FOR SALE OF $1,350,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS 1. ACTION REQUESTED: Adoption of the attached resolution authorizing the solicitation of bids for the sale of $1,350,000 Taxable General Obligation Tax Increment Bonds to assist in land write-down for the proposed Rockford Road Plaza project. 2. BACKGROUND: Last June the City Council established Tax Increment Financing District 7-1. This district was established, in large measure, in anticipation of the proposed development on the part of Ryan Construction Company of Minnesota of what is now referred to as the Rockford Road Plaza. All the parcels of property contemplated to be included within the land development were included within the Tax Increment Financing District. Attached is a map indicating the location of the parcels. One of the development district program objectives was to assist in the writing -down the acquisition cost of the land proposed for the development. Ryan had requested land write-down assistance of 1,000,000. In order to provide for this land write-down assistance, bonds in the amount of $1,350,000 must be sold. This amount was reached as follows: Soil Correction/Site Improvements/and Developer Assistance Discount Allowance Finance Related Expenses Capitalized Interest Subtotal Less: Interest Earnings GO Taxable Bonds 1,000,000 20,250 23,000 335,000 1,378,250 28,250 1,350,000 ROCKFORD ROAD PLAZA - SET DATE FOR SALE OF OF $1,375,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS March 1, 1990 for City Council Meeting of March 5, 1990 Page 2 A bond sale is proposed to be scheduled for Monday, April 2. Prior to the receipt of bids for the bond sale, and prior to the Council's approval of such sale, we will have to complete negotiations with Ryan on several documents. The major matters to be resolved include the development contract for the final plat of the proposed development and the assessment agreement for the project. The assessment agreement is a document which guarantees the City that the development interest will guarantee that the value is created on the property to generate sufficient tax increments to repay the bonds. While the bonds are proposed to be general obligations of the City (meaning that the property tax base of the City stands behind them), the assessment agreement will provide financial guarantees assuring that the developers stand behind the bonds through the payment of tax increments generated by guaranteed minimum values of property development. 3. CONCLUSIONS AND RECOMMENDATION: The procedures proposed to be used in structuring not only the approach to this bond sale, but also the guarantee is essentially identical to the process and procedures we used in two previous agreements between the City and Ryan Construction Company of Minnesota. I recommend that Council adopt the resolution scheduling the bond sale for April 2, 1990. JW:kec attachment jw(3/1Rkf dTIF)1&2 RESOLUTION ON SALE OF $1,350,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS TO BE DISTRIBUTED FRIDAY AFTERNOON DATE: TO: FROM: SUBJECT CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 MEMO March 1, 1990 for City Council Meeting of March 5, 1990 Mayor & City Council James G. Willis, City Manager CITY ATTORNEY APPOINTMENT 10-A RECOMMENDED ACTION: Confirm the appointment of Holmes and Graven Chartered as attorneys for the City of Plymouth. BACKGROUND: The State law governing statutory cities operating under the Plan B form of government provides for the appointment of personnel by the City Manager. The statute provides that the appointment of the City Attorney requires Council approval. The Council has recently considered the question of legal representation and has asked me to submit my recommendations with respect to the same. At the last Council meeting, several motions were offered at the end of the meeting which would have the effect of relieving me from making my recommendation on March 5 as originally requested. The Council also scheduled a meeting with the City Attorney for Tuesday, March 6, as well as provided for a process by which proposals for legal services could be obtained. I am satisfied with the services currently being provided by the Holmes and Graven law firm and believe they meet the needs of the City. I have discussed this matter at some length with our staff personnel who have frequent dealings with City Attorney James Thomson, as well as others within the law firm. In a similar fashion, I have consulted with the Public Safety Director with respect to his perceptions and those of police supervisors with regard to the prosecution services provided by the firm. There exists a high degree of satisfaction with the legal representation we are receiving. Accordingly, I see no reason to proceed further with the consideration of new legal representation for the City and the time that effort would require. I am therefore recommending the Council confirm the appointment of the Holmes and Graven Chartered law firm as attorneys for the City of Plymouth. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of 19_ The following members were present: The following members were absent: M.W1 introduced the following Resolution and moved its adoption: RESOLUTION NO. 90 - WHEREAS, pursuant to Minnesota Statutes, Section 412.651, Subd. 3, the City Manager has the authority and responsibility to appoint the position of city attorney, subject to the approval of the City Council; WHEREAS, the City Manager in his memo of March 1, 1990 has recommended that there be no change from the current law firm, Holmes & Graven, that is providing city attorney services to the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Plymouth, Minnesota, that the City Manager's appointment of the law firm of Holmes & Graven as city attorney is hereby approved. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 MEMO DATE: March 9, 1990 TO: Councilmembers Helliwell, Ricker, Vasiliou, and Zitur FROM: Kim M. Bergman, Mayor SUBJECT CIGARETTE VENDING MACHINES Attached is a proposed letter and response form to be mailed to each Plymouth business o ing a cigarette license, and a copy of the letter sent to New Hope businesses by Mayor Erickson. The New Hope letter asks for removal of cigarette vending machines and was sent to six businesses. I am proposing a less restrictive request that businesses move vending machines to a location that can be monitored by clerks, or remove the machine and only sell tobacco products over the counter. In addition, we'd ask that clerks be reminded of their obligation not to sell cigarettes to anyone under the age of 18. Please call me with your reaction to this letter and response form by Wednesday, March 14. Thank you. March 20, 1990 Dear Business Owner: Cigarette vending machines have become a hot issue in the Twin Cities! Recently a number of cities have adopted ordinances regulating placement or prohibiting cigarette vending machines. Now, the state has become involved by possibly requiring a block-out device on each machine. The Plymouth City Council trusts you to run your business in a responsible manner. We prefer not to get involved in a growing number of mandates, even though we agree that it is inappropriate for minors to purchase cigarettes whether from a store clerk or a vending machine. The Plymouth City Council would like to enlist your cooperation in taking proactive steps to prevent tobacco purchases by minors. Here's what you can do: If you sell tobacco across the counter, please remind your clerks of their obligation not to sell cigarettes to anyone under the age of eighteen. If you have a vending machine, please move it to a location that can be monitored y your clerks. r, remove it and only sell tobacco products across the counter. We appreciate your cooperation and are interested in hearing what action you take. Please complete the attached sheet and return it to me with your comments by April 20, 1990. The results from all businesses will be summarized in a report to the entire Council. A stamped, addressed envelope is enclosed for your convenience. Thanks for helping the youth of our community! Kim M. Bergman Mayor 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 Business Name: Address: Plymouth, Minnesota ip Code This business (check one): 1. Sells tobacco products across the counter only. 2. Sells tobacco products by vending machine only. 3. Sells tobacco products both by machine and across the counter. Please circle the appropriate response to each of the following: Yes No Don't sell I have reminded clerks of their obligation over counter not to sell cigarettes to anyone under the age of eighteen. Yes No Don't have I have examined the current location of the machines cigarette vending machine. Yes No Don't have I have moved the cigarette vending machine machines so it can be visually monitored by the clerk. (Please explain the new location below.) Yes No Don't have I have not moved the cigarette vending machines machine because it is currently monitored by the clerk. (Please explain the existing location below.) Yes No Don't have I have decided to remove the cigarette machines vending machine and only sell tobacco products over the counter. Yes No I have decided to discontinue selling tobacco products at my business. Vending Machine Location: Information Supplied by Title Please return this form by April 20. Thanks! I Y February 14, 1990 Country Kitchen 7849 42nd Avenue North New Hope, MN 55428 It seems that we live in an era where if there is a problem, government either throws' money at it or passes a law tolegislateit. I am referring to the recent band wagon to outlaw cigarette vending machines. Not one of us can speak against the non- smoking movement. However, for all of us, and especially ourYoungpeople, I feel that businesses should be concerned enoughtohelpsolvetheproblemthemselves, without legislation or ordinances. I am, therefore, asking that all New Hope businesses who cater tothepublictakeituponthemselvestogetridofcigarette vending machines and sell cigarettes over the counter. By doingso, young people will not have access to the cigarette machines and thereby will, be discouraged from smoking or starting to smoke. I would appreciate correspondence expressing your willingness to cooperate with us on this matter. sincerely, Edward,.. Erickson Mayor of New Hope 4401 Xylon Avenue North Naw Hope, Minnesota 55428 Phone: 533-1521 WillnY '10 aY 2i w: After, `thfeq years of sing- r move of cigarette mac Ines sons, the queen' of perfor- art has .a. newfound voice - So far, 11 cities have taken the more ids range, resonance and By John W. Anderson formal approach, and others are son- o her work. In a solo perfor- Staff Writer sidering bans. On Monday, Brooklyn she offered a musical and c social commentary on the With more and more city councils Center approved an ordinance ban - i years. Not every bit or voting to ban cigarette vending ma- ning the machines. Despite pleas vorked, but it was a fine and chines, New Hoe Ma or Ed Erick- from vending -machine companies trol ma - ally expert yet unflashy mul- so rn recent y too c a i erent ap hat lobbtead of a total ban, the City for a remote presentation worthy of An- proach. Council unanimously approved the s lofty reputation. e Doodle,' you can under - anything happening in the 4arde," she said. She analyzed ems, wondering what it would if all her possessions were imously displayed in a theme of what Anderson discussed from what she sees on 'the in newspaper headlines or on om walls She is a keen -eyed He wrote 11 to the owners of the city's retail establishments that have ma- chines and politely asked them to remove or move them. I feel if you can get cooperation from people rather than (pass) legis- lation; you're much ,better off,"_ Erickson said. The results? New Hope Bowl has decided to get rid of its machine and sell cigarettes over the counter in- stead. Down the street, the Sunshine Factory has agreed to move one of its machines from the restaurant to the bar, where minors aten't allowed. ter of our times, not a deep r with all the answers. She The Country Kitchen is considering ht up America's obsession with a similar move, Erickson said heroes as Elvii Presley, Super- and John Kennedy. "Hiawa- Dave Nelson, general'manager of Ap- her most emotionally powerful am , plebee's Bar and Grill, said pla itstodoawaystartedwithLongfellow's fam- oem and ended up chasing after in the works machine and sell cigarettes qUhind JFK and the rockets' red glare ac'the bar ,. s the first number Anderson has with the kind of We're_ a neighborhood restaurant, performed ith and passion of a singer. - It catering to the. neighborhood;"- Nei- This is a way for us to be aststhatshemayfindsome, new Worlds in -this land of.: son said. front-runner in getting rid of the ma- chines on our own." owest Prices on "I Installation. We are the Twin Cities' 1 Arcocire Dealer Licensed • Bonded • Insured Serving-TheTwin Cities Since /930" new ordinance effective Apnl 1. Also on Monday, the Brooklyn Park City Council considered a similar or- dinance. City Manager Craig Rapp said it will be offered for final ap- proval at a meeting March 12. rR'K'IS ZW.a--'.• that have _beeVU-1 tight in by this group However, Ryweek said he found some . constructive :.; suggestions in Hasselmo's .,statement; which called for officials to review addition- al steps to combat bigotry on cam- pus. ampus. Hasselmo also called for a spring conference on black -Jewish relations. Chris Nisan, political coordinator of the Africana Student Cultural Center, which represents the university's 800 black students, said the group is dis- satisfied with Hasselmo's statement, which makes no mention of racist incidents against blacks on campus. It's one thing to talk about academ- ic freedom in the abstract, and anoth- er to practice academic freedom; in the concrete." . Store Only! JL 1 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 MEMO DATE: March 9, 1990 TO: James G. Willis, City Manager FROM: Frank Boyles, Assistant City Manager SUBJECT STATUS OF TRANSIT ISSUES As you know, Jim Thomson and I have had numerous meetings with representatives of the Laidlaw and Medicine Lake Lines to better understand the implications of the sale of assets. The salient issues which have emerged as a result of these meetings are as follows: 1. We have learned that Laidlaw is indeed acquiring the assets to Medicine Lake Lines, including their school bus service and certain of their transit services. The charter service will continue to be operated by Medicine Lake Lines. Medicine Lake Lines will lease a large proportion of the Golden Valley facility to Laidlaw for their use. 2. Laidlaw will not accept assignment of the 1990/1991 Medicine Lake Lines Contract as presently written. Aside from some language changes, the major problem is that Laidlaw will not assume the responsibility for guaranteeing $207,000 in revenues. This would mean that the City could be responsible for paying up to $858,000 for the service, rather than the $653,000 cap that had been negotiated in the contract. While there are sufficient funds within the City's annual property tax levy for this purpose, I am concerned that: a. By relieving Laidlaw of the responsibility for the revenue stream, we decrease their motivation to add passengers or to account for fares with the precision which would otherwise be expected. b. My quick calculations show that under a "worst case" scenario, if the City had to pay out $858,000 for Metrolink services, plus another $200,000 in Dial -A -Ride services, and approximately $50,000 in administrative costs, we would be approaching the City's annual property tax contribution amount to the RTB of $1.2 million. Under no circumstances do we want to exceed this amount as it would require a separate ad valorem levy by the City in addition to that already contributed to the RTB. STATUS OF TRANSIT ISSUES March 9, 1990 Page 2 3. Because of our concern regarding Laidlaw's conditions for assignment, we requested that they review the hourly rate figures contained in the existing contract to see whether or not they would be able to provide us with more competitive figures. They have advised us that they would be unable to reduce the price. 4. We have advised Medicine Lake Lines that as a condition of the assignment of the contract to Laidlaw, that we would expect the company to place another $200,000 in escrow since we expect that additional audit citations will be raised by the Regional Transit Board for Plymouth Metrolink contracts for calendar years 1986 through 1989. Medicine Lake Lines has indicated that they have no resources to accommodate our request. 5. We have asked Medicine Lake Lines what would happen if we refused to assign the contract to Laidlaw - would they continue to operate the service? While Medicine Lake Lines stated that they did not know the answer to that question, they felt it would be very unlikely that they would continue to serve. We also asked what, if any, legal action would Medicine Lake Lines take if we elected to negotiate a one-year contract with the MTC for the service. They did not provide a specific response. 6. According to Regional Transit Board staff representatives, they confirm that the City is legally responsible for any Medicine Lake Lines audit citations for Plymouth Metrolink, but they do not believe that the "political structure" would hold the City responsible. I am trying to secure a more concrete commitment in this regard. 7. Because of our $200,000 request, Medicine Lake Lines has expressed concern that if the City does not reimburse them for the January, February, and March payments and instead, use this money as protection against future audit citations, that they will immediately discontinue service. 8. The MTC has been contacted to supply proposals for a 12 -month period. They will be providing the City with proposals by Tuesday, March 13 for a one-year extension which will include various types of equipment at various costs. CONCLUSION: Many questions remain unanswered, but I am working to get the information necessary. Regardless of what happens, the focus of our efforts is to assure that Plymouth Metrolink bus customers continue to receive uninterrupted service regardless of the vendor. I will have a recommendation prepared for City Council consideration at the March 19 meeting. FB:kec