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
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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,
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106 SOUTH BROADWAY • WAYZATA, MN 55391
FILE n0.
TELEPHONE 612.176.6000 -7
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LOT DIVISION
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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 ,
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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 -
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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
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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. Place the fire hydrant at the end of the 8" watermain at the Brockton Lane
cul-de-sac and construct 3 water services for Lot 2 and future division of Lot
2.
F. All public trails shall be 8 feet wide.
Submitted by.
IGZC2sCL2
Daniel L. Faulkner, P. E.
City Engineer
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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-
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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-
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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-
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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-
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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-
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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
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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
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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