Loading...
HomeMy WebLinkAboutCity Council Packet 01-03-1989r CITY OF PLYMOUTH A G E N D A REGULAR COUNCIL MEETING JANUARY 3, 1989 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 7:30 P.M. 2. INVOCATION 3. ROLL CALL 4. PRESENTATION - A. Preliminary Engineering Report: Schmidt Lake Road in Wild Wings 2nd Addition and Zachary Heights Addition, Project 705 5. CONSENT AGENDA 6. MINUTES - Approval of Minutes of the Regular Council meeting of December 19, 1988 7. PUBLIC HEARINGS A. Public hearing to amend Resolution 84-344 vacating a portion of Ranchview Lane in Metro Industrial Park 8. PETITIONS, REQUESTS AND COMMUNICATIONS A. Reconsideration of Appeal of Board of Zoning ruling - Dan Drnavich, for a variance at 16815 22nd Avenue North (12-2-88) B. Reduction of Financial Guarantees: 1. Gary Bleum for ProDesign, 2500 Niagara Lane, 88113) 2. Ryan Construction for Ostbye and Anderson, 10055 51st Avenue North (88073) biti f+ -f7 C. Release of Financial Guarantees: 1. OPUS Corporation for Tech West 55, 14800 28th Avenue North (85051) 2. Lundgren Bros. Const. Co. - Mission Ponds located at the northwest corner of Zachary Lane and 36th Avenue North (A-338) D. Receive engineering report and order street lighting improvements in Wild Wings 2nd Addn. E. Receive waiver and levy area assessments for Lot 1, Block 1, Prime West Business Park 3rd Addn. F. Receive petition and set public hearing to vacate drainage and utility easements in Outlot A, Prime West Business Park 3rd Addn. G. Development Contract Bond Reductions: 1. Deerwood Glen Plat Two (87010) 2. Heritage Ridge Addn. (86087) 3. Bass Lake Heights 4th Addn. (85126) 4. Armstrong Ridge Addn. (80011) H. Resolution setting public improvement hearing: 1. 1989 Street Reconstruction Program, Project 801 2. Harbor Lane - Gleason Lake Dr. to 7th Ave., Project 912 I. Approve Change Order No. 1 for Well No. 10 pumping facility 0. Receive request and approve revised hourly engineering rates for Bonestroo, Rosene, Anderlik and Associates K. Ordinance requiring property owners to pay sewer surcharge for cost of treating drainage water L. Fire Station III Change Order No. 1 M. Resolution revising sewer and water area assessments for Fernbrook Manor Addition, Project 902 r N. Annual appointments & designations: 1. Appointment of Deputy Mayor 2. Designation of official newspaper 3. Designation of official depositories 4. Ratification of surety and blanket bonds 5. Appointment of health officer 6. Appointment of Council Coordinating Representatives 7. Appointments to Suburban Rate Authority and Elm Creek Water Management Organization S. Other appointments 0. Set Board of Review dates 9. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS A. Public and Capital Improvement Project Status Reports 10. ADJOURNMENT MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: December 13, 1988 For City Council Meeting of December 19, 1988 7::y TO: James G. Willis, City Manager Through Fred G. Moore, Director of Public Works FROM: Chester J. Harrison, Jr., City Engineer SU C RECEIVE PRELIMINARY ENGINEERING REPORT SCHMIDT LAKE ROAD CITY PROJECT NO. 705 ACTION REQUESTED: Receive reportand refer to Assessment Committee. BACKGROUND: Attached to this memo is the Preliminary Engineering Report for the recommended improvements for Schmidt Lake Road from Zachary Lane to a point approximately 1,550 feet east along the proposed alignment. RECOMMENDATIONS AND CONCLUSIONS: We are recommending that the report be accepted by the City Council and referred to the Assessment Committee for their review and recommendation. 0 6 r. 6 Chester J. " ison, Jr., CJH:dkc:kh attachments: Resolution Preliminary Engineering Report 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 1988. The following members were present: The following members were absent: XXX its adoption: XXX introduced the following Resolution and moved RESOLUTION NO. 88 - RECEIVING PRELIMINARY ENGINEERING REPORT SCHMIDT LAKE ROAD IMPROVEMENTS CITY PROJECT NO. 705 WHEREAS, the City Council ordered a Preliminary Engineering Report be prepared for Schmidt Lake Road by the installation of a 52 foot wide nine ton street with concrete curb and gutter, and all. necessary appurtenances; and WHEREAS, a Preliminary Engineering Report has been prepared and was presented to the City Council at their December 19, 1988 Council meeting; and WHEREAS, the Council desires to have the Assessment Committee review the report prior to holding a public hearing. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: The Preliminary Engineering Report for City Project No. 705 be referred to the Assessment Committee for their review and recommendations prior to holding a public hearing on the project. 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. er M I N U T E S REGULAR COUNCIL MEETING December 19, 1988 Following the Forum, the regular meeting of the Plymouth City Council was called to order by Mayor Schneider at 7:30 p.m. in the City Council Chambers of the City Center at 3400 Plymouth Boulevard on December 19, 1988. PRESENT: Mayor Schneider, Councilmembers Vasiliou, Ricker, and Zitur. City Manager Willis, Assistant Manager Boyles, Planning Director Tremere, Public Works Director Moore, Park Director Blank, Finance Director Hahn, City Attorney Thomson, and City Clerk Rauenhorst ABSENT: Councilmember Sisk Mayor Schneider announced that a Special General Election will ANNOUNCEMENT OF be held on Tuesday, December 20, for the District 48 Senate seat SPECIAL ELECTION vacated by Tad Jude. This election will affect City of Plymouth precincts 1, 2, 11, 12, 15, and 16. CONSENT AGENDA Item 8-I was withdrawn from the agenda at the petitioner's request. A bond designation resolution was added to the agenda as Consent Item 8-V. MOTION was made by Councilmember Zitur, seconded by Council - member Ricker, to adopt the Consent Agenda. Motion carried on a Roll Call vote, four ayes. MINUTES MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to approve the minutes of the December 5 Regular Council Meeting. Motion carried on a Roll Call vote, four ayes. CONSENT AGENDA Item 4 MINUTES Item *5 Regular Council Meeting December 19, 1988 Page 356 PUBLIC HEARINGS Manager Willis described a proposal to establish Development District No. 7, adopt a development program for Development District No. 7, and modify plans for Tax Increment Financing Districts. The Tax Increment Financing Plans encompass all those previously created by the Council, with the exception of T.I.F. District No. 1. There are no additional parcels established within any of the Tax Increment Financing Districts. Copies of the proposed program and modified plans have been sent to Hennepin County and all school districts within Plymouth, and no responses have been received. Director Tremere stated that in reviewing the proposal, the Planning Commission noted the potential for transferring tax increment financing valuation generated in one part of the City to improvement needs in other parts of the City. Councilmember Ricker was present at the Planning Commission meeting and explained the tax increment process and how an improvement in a given area can benefit the entire community. Mayor Schneider opened the public hearing at 7:40 p.m. No one appeared, and the hearing was closed at 7:40 p.m. Development Program for Development District No. 7 Item 6-A MOTION was made by Councilmember Zitur, seconded by RESOLUTION NO. 88-861 Councilmember Ricker, to adopt RESOLUTION NO. 88-861 ADOPTING DEVELOPMENT ESTABLISHING DEVELOPMENT DISTRICT NO. 7; ADOPTING A DEVELOPMENT PROGRAM AND T.I.F. PROGRAM FOR DEVELOPMENT DISTRICT NO. 7; AND ADOPTING MODIFIED PLANS PLANS FOR TAX INCREMENT FINANCING DISTRICT NOS. 1-2, 1-2A, 1-3, Item 6-A 1-4, 1-5, 2, 2-1, 3-1, 3-2, 3-3, 4-1, 4-2, 4-3, 5-1 and 6-1. Motion carried on a Roll Call vote, four ayes. Mayor Schneider opened a public hearing at 7:40 p.m. on special assessments for delinquent water sprinkling ban violations. No one appeared, and the hearing was closed at 7:40 p.m. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 88-862 ADOPTING ASSESSMENT DELINQUENT WATER SPRINKLING BAN VIOLATIONS. Motion carried on a Roll Call vote, four ayes. Mayor Schneider opened a public hearing at 7:41 p.m. on vacation of 8th Avenue (Yale Avenue) within Plymouth Gardens. No one appeared, and the hearing was closed at 7:41 p.m. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 88-863 AUTHORIZING THE VACATION OF A PORTION OF 8TH AVENUE (YALE AVENUE) ADJACENT TO LOTS 1, 2 AND 3 PLYMOUTH GARDEN ADDITION. Motion carried on a Roll Call vote, four ayes. RESOLUTION NO. 88-862 ADOPTING ASSESSMENTS FOR DELINQUENT WATER SPRINKLING BAN VIOLATIONS Item 6-B RESOLUTION NO. 88-863 VACATION OF 8TH AVE. WITHIN PLYMOUTH GARDENS Item 6-C Regular Council Meeting December 19, 1988 Page 357 Mayor Schneider opened a public hearing at 7:42 p.m. on vacation of drainage and utility easements in Outlot A, Groves Office Park Addition. No one appeared, and the hearing was closed at 7:42 p.m. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 88-864 AUTHORIZING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS IN OUTLOT A GROVES OFFICE PARK ADDITION. Motion carried on a Roll Call vote, four ayes. Mayor Schneider opened a public improvement hearing at 7:43 p.m. on street lights in Gonyeas Third Addition. No one appeared, and the hearing was closed at 7:43 p.m. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 88-865 ORDERING PROJECT - STREET LIGHTING, GONYEAS THIRD ADDITION. Motion carried on a Roll Call vote, four ayes. Director Moore presented the Preliminary Engineering Report on Harbor Lane from Gleason Lake Drive to 7th Avenue, Project 912. The engineering consultant was present in accordance with Council policy. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 88-866 RECEIVING PRELIMINARY ENGINEERING REPORT, HARBOR LANE IMPROVEMENTS, CITY PROJECT NO. 912. Motion carried on a Roll Call vote, four ayes. Melvin Schmidt restated his request for deferral of sanitary sewer special assessments at 4315 Fernbrook Lane, City Project No. 544. Councilmember Ricker stated that if the City were to defer the assessment as requested by Mr. Schmidt, he would be charged the then current assessment rate when the sewer is available for connection. The possible increased project costs could result in a higher ultimate assessment for Mr. Schmidt. Councilmember Vasiliou stated there are three areas in the City that have been similarly assessed and treatment should be consistent. RESOLUTION NO. 88-864 VACATION OF DRAINAGE AND UTILITY EASEMENTS IN GROVES OFFICE PARK ADDITION Item 6-D RESOLUTION NO. 88-865 ORDERING STREET LIGHTS IN GONYEAS THIRD ADDN. Item 6-D RESOLUTION NO. 88-866 PRELIMINARY ENGI- NEERING REPORT HARBOR LANE PROJECT 912 Item 7-A Melvin Schmidt Request for Deferral of Special Assessments Project 544 Item 8-A Regular Council Meeting December 19, 1988 Page 358 Councilmember Zitur noted that Mr. Schmidt has taken advantage of senior citizen assessment deferral. MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to deny the request of Melvin Schmidt for deferral of special assessments at 4315 Fernbrook Lane. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by RESOLUTION NO. 88-867 Councilmember Ricker, to adopt RESOLUTION NO. 88-867 APPROVING FINAL PLAT AND FINAL PLAT AND DEVELOPMENT CONTRACT FOR BETTY LEHN ADDITION FOR DEVELOPMENT CONTRACT DAMES H. PARKER (88123). FOR BETTY LEHN ADDN. 88123) Motion carried on a Roll Call vote, four ayes. Item *8-B MOTION was made by Councilmember Zitur, seconded by RESOLUTION NO. 88-868 Councilmember Ricker, to adopt RESOLUTION NO. 88-868 SETTING SETTING CONDITIONS TO CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL BE MET PRIOR TO FILING PLAT FOR BETTY LEHN ADDITION FOR DAMES H. PARKER (88123). (88123) Item *8-B Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by RESOLUTION NO. 88-869 Councilmember Ricker, to adopt RESOLUTION NO. 88-869 APPROVING AMENDED SITE PLAN AND AMENDED SITE PLAN AND CONDITIONAL USE PERMIT FOR PRIME CUP FOR PRIME WEST DEVELOPMENT CORPORATION (88140). DEVELOPMENT (88117) Item *8-C Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by RESOLUTION NO. 88-870 Councilmember Ricker, to adopt RESOLUTION NO. 88-870 APPROVING A CROW PLYMOUTH LAND CONDITIONAL USE PERMIT FOR TIMOTHY C. JOHNSON FOR A CLASS II LTD. PARTNERSHIP RESTAURANT AT 4000 ANNAPOLIS LANE (88144). CUP (88144) Item *8-D Motion carried on a Roll Call vote, four ayes. Director Moore explained changes Hans Hagen has proposed to the development contract for Tyrell Eighth Addition. He described the City's policy on fees to administer development contracts. This is not a cumulative fee schedule but rather based on the total estimated construction cost, the given percentage is used. Hans Hagen, 2353 Rice Street North, noted there is a discrepancy in the fee schedule. Under the current policy because it is not cumulative, administrative fees would be less for a $151,000 contract than a $149,000 contract. Mr. Hagen added $6,000 to the construction cost for site grading. Director Moore stated that site grading has been completed by the developer. He Regular Council Meeting December 19, 1988 Page 359 explained the revised contract pages recommended by staff. Hagen requested that the Council allow issuance of one building permit on the Outlot. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 88-871 APPROVING RPUD FINAL PLAT/PLAN AND DEVELOPMENT CONTRACT FOR TYRELL 8TH ADDITION FOR HANS HAGEN HOMES (88136) (RPUD 79-2), per the revised pages prepared by staff, and to allow the development contract fees to be calculated on the total estimated cost of 151,400, non -cumulative. The Council directed staff to return with a recommendation for policy change to a cumulative basis. Motion carried on a Roll Call vote, four ayes. RESOLUTION NO. 88-871 HANS T. HAGEN RPUD FINAL PLAT/PLAN & DEVELOPMENT CONTRACT FOR TYRELL 8TH ADDN. 88136) Item *8-E MOTION was made by Councilmember Ricker, seconded by RESOLUTION NO. 88-872 Councilmember Zitur, to adopt RESOLUTION NO. 88-872 SETTING SETTING CONDITIONS TO CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL BE MET PRIOR TO FILING PLAT FOR TYRELL 8TH ADDITION FOR HANS HAGEN HOMES (88136) (RPUD (88136) 79-2). Item *8-E Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Ricker, seconded by RESOLUTION NO. 88-873 Councilmember Zitur, to adopt RESOLUTION NO. 88-873 ADOPTING ADOPTING ASSESSMENTS ASSESSMENTS, PROJECT NO. 918, SANITARY SEWER AND WATERMAIN AREA PROJECT NO. 918 TYRELL EIGHTH ADDITION. Item 8-E Motion carried on a Roll Call vote, four ayes. ADMINISTRATIVE MOTION was made by Mayor Schneider, seconded by Councilmember Zitur, to allow staff to issue one building permit for the Outlot to be platted as Tyrell Eighth Addition, providing all applicable fees are received by the City. Motion carried, four ayes. Director Moore explained changes to the Development Contract per the revised page submitted. Discussion ensued about administrative fees. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 88-874 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR HARBOR PLACE FOR HANS HAGEN HOMES (87124) (RPUD 88-3). MOTION to amend was made by Councilmember Ricker, seconded by Councilmember Zitur, that the development contract administrative fees be calculated as provided in Resolution No. 88-871 (88136). RESOLUTION NO. 88-874 HANS T. HAGEN FINAL PLAT AND DEVELOPMENT CONTRACT FOR HARBOR PLACE 87124) Item 8-F Regular Council Meeting December 19, 1988 Page 360 Motion to amend carried, four ayes. Main motion as once amended carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 88-875 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR HARBOR PLACE FOR HANS HAGEN HOMES (87124) (RPUD 88-3). Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 88-876 ADOPTING ASSESSMENTS, PROSECT NO. 919, SANITARY SEWER AND WATERMAIN AREA HARBOR PLACE. Motion carried on a Roll Call vote, four ayes. Ross Kneen appealed the Board of Zoning Adjustment's ruling of denial for a variance from the minimum front yard setback at 17025 14th Avenue North. Mr. Kneen described the proposed addition to his home, noting that the improvement will reduce the large asphalt area on his property and increase green space. The improvement will be a desirable addition to the neighborhood and a variance is needed because of the curving nature of the cul-de-sac. Kneen noted that the addition would be only 12" closer to the property line than a previously approved variance. He presented letters from neighbors stating no objection to the proposal. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 88-877 APPROVAL OF A FRONT YARD SETBACK VARIANCE FOR ROSS KNEEN (12-01-88). MOTION to amend the main motion was made by Mayor Schneider, seconded by Councilmember Ricker, to require that the asphalt not necessary for the driveway be removed and replaced with grass, shrubbery, or sidewalk. Motion to amend carried, four ayes. Main motion carried on a Roll Call vote, four ayes. Dan Drnavich appealed the Board of Zoning Adjustment's ruling of denial for a variance at 16815 22nd Avenue North to allow contruction of a garage addition. He passed out plan materials to explain his appeal. Drnavich stated that his lot has an unusual shape. If he expands the garage to the south side of the home, which would not require a variance, it will impede on his future plans for adding a pool. Adding the garage to the north side of the home would not cause a sight safety hazard. RESOLUTION NO. 88-875 SETTING CONDITIONS TO BE MET PRIOR TO FILING 87124) Item 8-F RESOLUTION NO. 88-876 ADOPTING ASSESSMENTS PROSECT NO. 919 Item 8-F RESOLUTION NO. 88-877 APPROVING FRONT YARD SETBACK FOR ROSS KNEEN 12-01-88) Item 8-G-1 Dan Drnavich Appeal of BOZA Ruling 12-02-88) Item 8-G-2 Regular Council Meeting December 19, 1988 Page 361 He noted safety factors in not having complete visibility from the home to the proposed pool and potential difficult snow removal as variance criteria hardships. He recognized there are design alternatives, but noted his concern with the aesthetics of an addition to his home. Mayor Schneider questioned whether the reasons for the variance stated by Mr. Drnavich are valid hardships and meet the variance criteria. Councilmember Ricker clarified the roof design shown on the plans handed out. Mayor Schneider moved to deny the variance request presented by Mr. Drnavich. Motion failed for lack of a second. Councilmember Ricker stated that in viewing the property, it appears the addition would cause no sight obstruction, and moved to approve the variance request presented by Mr. Drnavich. Motion failed for lack of a second. Councilmember Vasiliou stated that the petitioner does have alternatives for garage and pool construction, and safety and aesthetic concerns can be addressed within the setback area. The request is based upon convenience and desired design. MOTION was made by Councilmember Vasiliou, seconded by Mayor Schneider, to deny the variance request of Mr. Drnavich. Councilmember Zitur stated that he had visited the site and thought the request was reasonable. Motion failed on a Roll Call vote, Vasiliou and Schneider ayes; Ricker and Zitur nays. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to approve the variance request of Mr. Drnavich. Motion failed on a Roll Call vote, Ricker and Zitur ayes; Vasiliou and Schneider nays. Director Tremere explained the request of Thomas Rucke for appeal of the Board of Zoning ruling of denial for a 2.65 foot variance from the 35 foot front yard standard for a new home. Thomas Rucke, P.O. Box 75630, St. Paul, stated that he had obtained setback information from the City prior to planning construction of his home, but was not informed that for purposes Thomas Rucke Appeal of BOZA Ruling 11-03-88) Item 8-G-3 Regular Council Meeting December 19, 1988 Page 367_ of calculating setbacks his property had two front yards. Rucke stated that he obtained a building permit by amending the plan to cut off a three foot corner of the house to comply with the required setback. He now would like to complete the corner of his home as originally intended. The proposed construction will not interfere with the activity of the trail and will make his home better aesthetically. Mayor Schneider stated that had the City taken the trail as an easement, rather than an outlot, a variance would not be required for this proposed construction. Director Tremere stated that in a residential area, trails are typically platted as outlots. MOTION was made by Councilmember Ricker, seconded by RESOLUTION NO. 88-878 Councilmember Zitur, to adopt RESOLUTION NO. 88-878 APPROVAL OF FRONT YARD SETBACK FOR A YARD SETBACK VARIANCE FOR THOMAS RUCKE (11-03-88). THOMAS RUCKE adopt RESOLUTION NO. 88-879 REDUCING 11-03-88) Board of Zoning member day Naftzger responded to Council Item 8-G-3 inquiries and explained the reasons for denial by the Board of Zoning. The applicant had reasonable property size and FERNBROOK MANOR ADDN. setbacks, and the burden was on the architect to design a home on a Roll to fit within the established setbacks. The home could be 87128) constructed within the setback standards, notwithstanding the design desires of the owner. The Board of Zoning members Item *8-H-1 believed that any hardship had been created by the desires of made by the petitioner. RESOLUTION NO. 88-880 The Council thanked Board of Zoning members for their input and noted the following reasons for support of the variance: if the trail had been dedicated by easement rather than outlot, the construction could occur without a variance; the minor nature of the request at 2.65'; and the home is abutting West Medicine Lake Drive, a major collector street. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by RESOLUTION NO. 88-879 Councilmember Ricker, to adopt RESOLUTION NO. 88-879 REDUCING DEVELOPMENT CONTRACT DEVELOPMENT BOND, FERNBROOK MANOR ADDITION (87128). BOND REDUCTION FERNBROOK MANOR ADDN. Motion carried on a Roll Call vote, four ayes. 87128) Item *8-H-1 MOTION was made by Councilmember Zitur, seconded by RESOLUTION NO. 88-880 Councilmember Ricker, to adopt RESOLUTION NO. 88-880 REDUCING DEVELOPMENT CONTRACT DEVELOPMENT BOND FOX RUN 4TH ADDITION (88040). BOND REDUCTION FOX RUN 4 ADDN. Motion carried on a Roll Call vote, four ayes. 88040) Item *8-H-2 Regular Council Meeting December 19, 1988 Page 363 MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 88-881 REDUCING DEVELOPMENT BOND, WILLOW MEADOWS 2ND ADDITION (88035). Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 88-882 REDUCING DEVELOPMENT BOND, MALLARD POINTE ADDITION (87110). Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 88-883 REDUCING DEVELOPMENT BOND, WILD WINGS 2ND ADDITION (88046). Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 88-884 APPROVING CHANGE ORDER NO. 2, T.H. 55 AND REVERE LANE IMPROVEMENTS, CITY PROJECT NO. 815. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 88-885 DESIGNATING FUNDING FOR PUBLIC IMPROVEMENT PROJECTS. Motion carried on a Roll Call vote, four ayes. Leah Begin, 3900 Vinewood Lane, requested renewal of the Amusement Center License for the Cotton Club. Assistant Manager Boyles explained that renewal of the Conditional Use Permit for the Cotton Club is an administrative procedure. Staff recommends approval of the Amusement Center License with the condition that full payment of the 1989 license fee is made no later than December 31, 1988, and the proper insurances are provided. The Council should determine whether any portion of the 1988 license fee should be refunded, as requested by the licensee. Mayor Schneider responded to comments made in a letter by Greg Begin. He encouraged Mr. Begin to view the video tapes of the previous meetings for the discussions of the license approvals. Councilmember Vasiliou stated that the Manager's Information Memo contained a description of incidents occurring at the Cotton Club. She stated concern that the incidents may not relate to the Cotton Club as they occurred in the parking lot and could not be directly linked to the Cotton Club operation. RESOLUTION NO. 88-881 DEVELOPMENT CONTRACT BOND REDUCTION WILLOW MEADOWS 2ND ADDN. (88035) Item *8-H-3 RESOLUTION NO. 88-882 DEVELOPMENT CONTRACT BOND REDUCTION MALLARD POINTE ADDN. 87110) Item *8-H-4 RESOLUTION NO. 88-883 DEVELOPMENT CONTRACT BOND REDUCTION WILD WINGS 2ND ADDN. 88046) Item *8-H-5 RESOLUTION NO. 88-884 CHANGE ORDER NO. 2 PROJECT NO. 815 Item *8-J RESOLUTION NO. 88-885 DESIGNATING FUNDING FOR PUBLIC IMPROVEMENT PROJECTS Item *8-K Cotton Club Amusement Center License Renewal Item 8-L Regular Council Meeting December 19, 1988 Page 364 In addressing the question of a refund, Councilmember Ricker asked the City Attorney when a license fee becomes effective - when the application is submitted or when the Council grants the license. Attorney Thomson stated that this is the first Amusement Center License and there is no precedent. In this situation a Conditional Use Permit, and the resulting process, was also necessary. He stated that there is a City Code provision which allows pro -ration of the license fee at Council discretion. In response to a question by Mayor Schneider, Leah Begin stated that at no time prior to obtaining the license did the Cotton Club have in operation the licensed machines. John Hanson, representing the Cotton Club, stated that after the police cited the Club for operating without a license, no licensed machines were in operation and the Club applied for the required Amusement Center License. MOTION was made by Councilmember Ricker, seconded by RESOLUTION NO. 88-886 Councilmember Zitur, to adopt RESOLUTION NO. 88-886 APPROVING AN AMUSEMENT CENTER AMUSEMENT CENTER LICENSE FOR COTTON CLUB, as proposed by staff, LICENSE FOR COTTON and to give credit for the first three months of the license fee CLUB for 1988 and apply it to the unpaid balance for 1989. Item 8-L-2 Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 88-887 APPROVING TARGET AND TRAP SHOOTING LICENSE FOR PLYMOUTH GUN CLUB, INC. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 88-888 APPROVING GASOLINE SERVICE STATION LICENSES. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 88-889 APPROVING AMUSEMENT AND THEATRE LICENSE FOR PLYMOUTH PLACE HOTEL. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 88-890 APPROVING 1989 CIGARETTE LICENSE APPLICATIONS. Motion carried on a Roll Call vote, four ayes. RESOLUTION NO. 88-887 TRAP AND SHOOT LICENSE Item *8-M-1 RESOLUTION NO. 88-888 GASOLINE STATION LICENSES Item *8-M-2 RESOLUTION NO. 88-889 AMUSEMENT THEATRE LICENSE Item *8-M-3 RESOLUTION NO. 88-890 CIGARETTE LICENSES Item *8-M-4 Regular Council Meeting December 19, 1988 Page 365 MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 88-891A APPROVING TAXI DRIVER LICENSES. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 88-891B APPROVING TAXICAB LICENSES. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 88-892 APPROVING LAWFUL GAMBLING EXEMPTION FOR WEST MEDICINE LAKE COMMUNITY CLUB, for a raffle on March 17, 1989. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 88-893 AUTHORIZING THE PUBLIC SALE OF TAX FORFEIT PARCELS FOR NON-PAYMENT OF REAL ESTATE TAXES. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 88-894 REQUESTING THE CONVEYANCE OF TAX FORFEIT TO THE CITY OF PLYMOUTH FOR PUBLIC USE. Motion carried on a Roll Call vote, four ayes. RESOLUTION NO. 88-891A TAXI DRIVER LICENSES Item *8-M-5 RESOLUTION NO. 88-8918 TAXICAB LICENSES Item *8-M-5 RESOLUTION NO. 88-892 GAMBLING EXEMPTION FOR WEST MEDICINE LAKE COMMUNITY CLUB Item *8-N RESOLUTION NO. 88-893 SALE OF TAX FORFEIT PARCELS Item *8-0 RESOLUTION NO. 88-894 REQUESTING CONVEYANCE OF TAX FORFEIT PARCELS TO THE CITY Item *8-0 The Council received a proposal for prosecuting attorney Proposal for services from Herbert P. Lefler III, associated with the law Prosecution Services firm of Nybeck, Johnson, Bouquet, Van Valkenburg, Ohnstad and Smith. Councilmember Vasiliou stated that direction was given to the Manager to provide information on alternatives for legal services prior to the 1990 budget year. She stated she is not displeased with the current legal counsel, but it is important to investigate all alternatives. It was the consensus of the Council to hold a work session in January to discuss this issue, with additional information to be submitted by the City Manager. Regular Council Meeting December 19, 1988 Page 366 MOTION was made by Councilmember Zitur, seconded by RESOLUTION NO. 88-895 Councilmember Ricker, to adopt RESOLUTION NO. 88-895 DECLARING ORDERING PREPARATION COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED OF ASSESSMENTS, WEED ASSESSMENT FOR 1988 WEED ERADICATION AND DESTRUCTION, ROLL 3. ERADICATION, ROLL 3 Motion carried on a Roll Call vote, four ayes. Item *8-Q Motion carried on a Roll Call vote, four ayes. RESOLUTION NO. 88-898 MOTION was made by Councilmember Zitur, seconded by RESOLUTION NO. 88-896 Councilmember Ricker, to adopt RESOLUTION NO. 88-896 FOR PUBLIC SETTING PUBLIC HEARING HEARING ON PROPOSED ASSESSMENT, 1988 WEED ERADICATION AND ON WEED ERADICATION DESTRUCTION, ROLL 3. Item *8-Q Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by RESOLUTION NO. 88-897 Councilmember Ricker, to adopt RESOLUTION NO. 88-897 APPROVING APPROVING DISBURSE - DISBURSEMENTS FOR THE PERIOD ENDING NOVEMBER 30, 1988. MENTS FOR PERIOD ENDING 11-30-88 Motion carried on a Roll Call vote, four ayes. Item *8-R MOTION was made by Councilmember Zitur, seconded by RESOLUTION NO. 88-898 Councilmember Ricker, to adopt RESOLUTION NO. 88-898 TRANSFER TRANSFER OF FUNDS REVENUE SHARING FUNDS TO CENTRAL EQUIPMENT FUND AND CLOSE Item *8-S FEDERAL REVENUE SHARING FUND. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by RESOLUTION NO. 88-899 Councilmember Ricker, to adopt RESOLUTION NO. 88-899 TRANSFER OF FUNDS TRANSFERRING FUNDS FROM CENTRAL EQUIPMENT FUND TO BUILDING AND Item *8-S EQUIPMENT RESERVE FUND. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by ORDINANCE NO. 88-53 Councilmember Ricker, to adopt ORDINANCE NO. 88-53 RELATING TO RELATING TO PUBLIC HEALTH AND SAFETY; AMENDING SECTIONS 615.03 AND 1135.03 THERAPEUTIC MASSAGE OF THE PLYMOUTH CITY CODE. Item *8-T Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by RESOLUTION NO. 88-900 Councilmember Ricker, to adopt RESOLUTION NO. 88-900 DECLARING SALE OF VACANT LAND PROPERTY SURPLUS AND AUTHORIZING SALE (OUTLOT A, PLYMOUTH HILLS Item *8-U FOURTH ADDITION). Motion carried on a Roll Call vote, four ayes. Regular Council Meeting December 19, 1988 Page 367 MOTION was made by Councilmember Zitur, seconded by RESOLUTION NO. 88-901 Councilmember Ricker, to adopt RESOLUTION NO. 88-901 ELECTING TO BOND DESIGNATION AS DESIGNATE CERTAIN BONDS ISSUED IN 1986 AS "QUALIFIED TAX-EXEMPT TAX-EXEMPT OBLIGATIONS OBLIGATIONS". Item *8-V Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 88-902 APPROVING THE 1989 PAY EQUITY IMPLEMENTATION PLAN. Motion carried on a Roll Call vote, four ayes. The Council received a report regarding possible regulation of church size. Recommendations from the Planning Commission should be submitted to the Council in January. The Council received a report on Residential Care Facilities. Director Tremere estimates that recommendations will be made to the Council by the end of February, 1989. RESOLUTION NO. 88-902 1989 PAY EQUITY IMPLEMENTATION PLAN Item *9-A Possible Regulation of Church Size Item *9-B Residential Care Facilities Item *9-C Councilmember Ricker suggested that Councilmembers complete the City Manager third City Manager Performance Review for 1988 and forward the Performance Review scores to the City Clerk. Results will be verified by the Item 9-D Finance Director and the Manager will be paid in 1988 to reflect 1988 earnings. Councilmember Ricker provided the Council with information relating to Manager -Council relationship, which he obtained at the National League of Cities Conference. He stated that the Council must establish reasonable objectives for the upcoming year and there must be good communication to evaluate the established objectives. Councilmember Ricker stated that the Manager's annual contract and related performance issues should be addressed as an issue separate of the performance incentive. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, for the Council to submit scores to the City Clerk for tabulation with review and payment by the Finance Director, and a report back to the Council on the final scores and allocation. Motion carried on a Roll Call vote, four ayes. Councilmember Zitur suggested a study session in January to develop the Manager's performance objectives for 1989, and a study session prior to May to address performance criteria to be met for renewal of the Manager's contract. Regular Council Meeting December 19, 1988 Page 368 Mayor Schneider requested that Councilmembers submit criteria for the 12 -month employment contract effective May 1, 1989 to the City Manager by February 13. That information will be circulated to the Council and a decision will be made whether to meet as a group or appoint a subcommittee of the Council. Councilmember Ricker reported on the recommendation of the Architectural Selection Committee for selection of three architectural firms for the Community Center Design Competition. MOTION was made by Councilmember Ricker, seconded by Mayor Schneider, to adopt RESOLUTION NO. 88-903 SELECTING THREE ARCHITECTURAL FIRMS FOR DESIGN COMPETITION. Manager Willis stated that a meeting will be held this week with the three selected firms to discuss project scope in terms of building facilities and the timetable. Firm representatives will be present at the January 19 meeting to listen to public input, but not to make presentations. Councilmember Vasiliou asked if the architects would begin this work prior to the January 19 meeting. The City Manager said they would. He is preparing a document outlining the facilities to be incorporated in the "design concept" for the proposed community center based on previous community center studies, public meetings, and his review of several facilities. Motion carried on a Roll Call vote, three ayes, Vasiliou nay. The Council received information on Board and Commission appointments to be made in January. ADMINISTRATIVE MOTION was made by Mayor Schneider, seconded by Councilmember Zitur, to direct staff to present information to the Development Council regarding the development contract fee schedule as discussed earlier in the meeting. Councilmember Zitur reported on attendance at the Advisory meeting for School District No. 281 and Northwest Human Services meeting. Assistant Manager Boyles reported that MnDOT has made some progress in obtaining information for the transit audit with Medicine Lake Lines. ADMINISTRATIVE MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to direct staff to investigate whether the City's auditor could make a cursory audit prior to any future agreement as an eligible administrative cost. Motion carried, five ayes. RESOLUTION NO. 88-903 SELECTING THREE ARCHITECTURAL FIRMS FOR COMMUNITY CENTER DESIGN COMPETITION Item 9-E Board and Commission Appointments Item *9-F CCR REPORTS Regular Council Meeting December 19, 1988 Page 369 In response to a question by Councilmember Vasiliou, Manager Willis stated that Public Safety Director Carlquist has provided no further information on the need for additional personnel, but that he was preparing information which would be presented to Council prior to the end of February. The meeting was adjourned at 10:40 p.m. Clerk MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: December 27, 1988 For City Council Meeting of January 3, 1989 TO: James G. Willis, City Manager Through Fred G. Moore, Director of Public Works FROM : Chester J. Harrison, Jr., City Engineer SUBJECT: PUBLIC HEARING ON AMENDING RESOLUTION NO. 84-344 AUTHORIZING THE VACATION OF RANCHVIEW LANE AND DRAINAGE AND UTILITY EASEMENT ALONG THE WEST PROPERTY LINE OF LOT 1 BLOCK 1 METRO INDUSTRIAL PARK ACTION REQUESTED: Amending Resolution No. 84-344 Authorizing the vacation of Ranchview Lane north of 28th Avenue adjacent to Lot 1 Block 1 Metro Industrial Park. BACKGROUND: The City Council has established Public Hearing for January 3, 1989 on the petition from Welsh Construction Company on behalf of Mutual Investment Properties to amend Resolution 84-344. This resolution did not include the drainage portion of the 10 foot drainage and utility easement along the west line of Lot 1 Block 1 Metro Industrial Park and reserved rights for utility purposes, over, under and across all of vacated Ranchview Lane. The amended resolution will provide the City with the necessary drainage and utility easements. RECOMMENDATIONS AND CONCLUSIONS: Unless new information is presented at the public hearing, it is recommended that the City Council adopt the attached resolution amending Resolution No. 84-344. Chester J.' a rison, Jr., CJH:rcj:sm attachment - Resolution Petition Map CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1988. The following members were present: _ The following members were absent: XX X adoption: XXX meeting of the City Council of day of , XicX introduced the following Resolution and moved its RESOLUTION NO. 88 - AMENDING RESOLUTION NO. 84-344 AUTHORIZING THE VACATION OF RANCHVIEW LANE NORTH OF 28TH AVENUE ADJACENT TO LOT 1, BLOCK 1, METRO INDUSTRIAL PARK WHEREAS, a petition was received to vacate Ranchview Lane as platted within Metro Industrial Park, north of 28th Avenue adjacent to Lot 1, Block 1, Metro Industrial Park and was approved by the City Council on June 4, 1984, Resolution No. 84-344; and WHEREAS, Paragraph No. 1 authorized the vacation of the utility easement only over that portion of the west ten feet of said Lot 1, Block 1, lying north of the south ten feet thereof; and WHEREAS, Paragraph No. 3 stated that the City of Plymouth reserves easement rights for utility purposes over, under and across said vacated street; and WHEREAS, the easement rights reserved encumbered all of vacated Ranchview Lane. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA AS FOLLOWS: 1. Paragraph No. 1 shall be amended to include vacating the drainage easement for that portion of the west ten feet of said Lot 1, Block 1, lying north of the south ten feet and lying south of the north six feet. 2. Paragraph No. 3 shall be amended to read that the City of Plymouth reserves easement rights for drainage and utility purposes over and across the west 35 feet of that part of vacated Ranchview Lane lying between the westerly extensions of the north and south lines of said Lot 1, according to the recorded plat thereof and situate in Hennepin County, Minnesota. 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. C )C )C XXX I XXX lb 1r 4-c be- vd 370.00 - -- - i, Ui i,y tr DrOlnocjf Eas¢Mcn{- 7 r Doc.t U0.54t40pq car,« — -- -----, JJII ° AC.) posed (A4 f i4Y Vac 4 ;- oK, J W 0 0 sv F° o z5 t3 AV E. P i part .d vn0at0d I, gayvtond I M n o u S S u r lying between the Westerly r•rtuninns u1 tI,,: 5vrth and i an herchy 0e. 7:: Mimusot P"dosed 1 ra uy and title Properties, Welsh ConstructsInsur.•tnce t:(mp;ury is Miruie>'.utati-. Said epin Cc+mtty. Minnesota. my (:Ire.([t of chat this survey was prepared toesunervisior.: or under a 4 D frrn Uyd.on' I Cdth p I• eivt cc y J e l I l- S- 8 l ocK y mei: 0 s tjo. I540o 0 0 N f I bnhot 7 C, , 1 V ti 7 C0 126.50 565 uyd onl r; Cone rt+t _-_... -. 5ldcwotk ... Oj U g i " m n c 2. 0 • vooi.n i Z 8 T N AV E. Metro Lulu trial Park, tngcrher with that part .d vn0at0d I, gayvtond G, 111'asch n ikensN land Mirvyur under the lawslyingbetweentheWesterlyr•rtuninns u1 tI,,: 5vrth and i an herchy of the State ofcertilyto •1110 hnnA Knytatn. Mutual im•estment Mimusot Lot 1, according ic. t1te, recorded plat theron:, and and title Properties, Welsh ConstructsInsur.•tnce t:(mp;ury is Miruie>'.utati-. Said epin Cc+mtty. Minnesota. my (:Ire.([t of chat this survey was prepared toesunervisior.: or under that the nronerty and P.A.,;m1 `nt Ar.<rrintinns VYYP. frrn Y. w `: F-•.+/ .arcs--,h-:—: -. ._ 10' CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota was held on the 4th M day Of June , 1984. The following members were present: ayor Davenport, guncllmembers Moen. Neils Schneider and Crain The following members were absent. none Councilmember Schneider introduced the folioving 'Resolution and moved is adoption: RESOLUTION NO. 84- 344 AUTHORIZING THE VACATION OF RANCHVIEW LANE NORTH OF 28TH AVENUE ADJACENT TO LOT 1, BLOCK 1, METRO INDUSTRIAL PARK WHEREAS, the petition to vacate Ranchviev Lane as platted within the Metro Industrial Park, north of 28th Avenue adjacent to Lot 1, Block 1, Metro Industrial Park, was received by the City Council; and WHEREAS, the public hearing with respect to said vacation was held on June 4, 1984 in accordance with Minnesota Statutes 412.851, as amended; and WHEREAS, a notice of publication of said hearing was publsshed and posted two weeks prior to the meeting of June 4, 1984; and WHEREAS, the Council did hold a public hearing on June 4, 1984 to inform any and all interested parties relative to the vacatica of said Ranchviev Lane; and WHEREAS, it was determined by the City Council that Ranchviev Lane north of 28th Avenue adjacent to Lot 1, Block 1, Metro Industrial Park is not needed for a public street; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA as follows: 1. That Ranchview Lane north of 28th Avenue adjacent to Lot 1, clock 1, Metro Industrial Park, including the utility easement over that portion of the west 10.00 feet of said Lot 1, Block 1 lying north of the south 10.00 feet thereof, is hereby vacated. 2. That said vacation shall not affect the authority of any person, corporation or municipality owning or controlling the electric or telephone poles and linos, gas and sewer lines, or water lines, mains and hydrants thereon or thereunder, to continue maintaining the same or to enter upon such way or portion thereof vacated to repair, replace, remove or otherwise attend thereto. 3. That the City of Plymouth reserves easement rights for utility purposes over, under and across said vacated street. The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember Moen , and upon vote being taken thereon, the following voted in favor thereof: _Mayor Davenport, Councilmembers Moen, Is Neils Schneider and Crain The following voted against or abstained: none Whereupon the Resolution was declared Tu - y passed and adopted. MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 I DATE: December 28, 1988 for the City Council meeting on January 3, 1989 TO: City Manager James G. Willis FROM: Community Development Coordinator Charl s rud through Community Development Director Blair Tr SUBJECT: Reconsideration of Dan Drnavich appeal of Board of Zoning ruling 12-02-88) ACTION REQUESTED: Adopt the attached Resolution for Denial, upholding the Board of Zoning Adjustment action. A Resolution granting the Variance is also attached, per Council policy. Before either action can be taken, it is necessary for Council to adopt a motion for reconsideration of action taken at the December 19, 1988 meeting. BACKGROUND: On November 29, 1988, the Board of Zoning, Adjustments and Appeals denied the Variance request by Dan Drnavich, 16815 22nd Avenue North, by unanimous vote. The Variance request is from the minimum front yard setback requirements of the Zoning Ordinance. Mr. Drnavich appealed the Board's ruling to the City Council consistent with the provisions of the Zoning Ordinance. On December 19, 1988, the City Council, with four members present, failed to adopt a motion to overturn the Board's action by a 2-2 vote. A motion fails on a tie vote and therefore the Board of Zoning, Adjustments and Appeals denial stands. PRIMARY ISSUES AND ANALYSIS: Mayor Schneider has requested this matter be placed on the agenda for January 3, 1989, to provide an opportunity for Councilmember Sisk (who was absent) or for either councilmember voting on the prevailing side on December 19, 1988, (Councilmember Vasiliou or Mayor Schneider) to move for reconsideration with the full City Council present. Staff has attached the complete agenda material package that was before the Council on December 19, 1988. The Petitioner has also asked about possible reconsideration due to the tie vote results. Memo (12-02-88) December 28, 1988 Page 2 RECOMMENDATION AND CONCLUSION: Staff maintains its recommendation, concurred in by the Board of Zoning, Adjustments and Appeals action, denying the Variance. The Council must first successfully act to reconsider. Then, the Council may act to either approve the Variance or to deny the appeal and the request. Attachments: 1. December 7, 1988 Cover Memo 2. Resolution Denying Appeal 3. Resolution Approving Appeal and Variance 4. Board of Zoning, Adjustments and Appeals Minutes 5. Correspondence 6. Board of Zoning Staff Report 7. City Council Minutes of December 19, 1988 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: December 7, 1988 TO: City Manager James G. Willis Gly FROM: Associate Planner Al Cottingham through Community Development Director Blair Tremere SUBJECT: Dan Drnavich Appeal of Board of Zoning Ruling (12-02-88) ACTION REQUESTED: Adopt the attached resolution for denial, upholding the Board's action. A resolution granting the variance is also attached, per Council policy. BACKGROUND: On November 29, 1988, the Board of Zoning Adjustments and Appeals denied the variance request by Dan Drnavich, 16815 22nd Avenue North by unanimous vote. The variance request is from the minimum front yard setback. Mr. Drnavich is appealing the Board's ruling as provided by Section 11, Subdivision C. of the Plymouth Zoning Ordinance. PRIMARY ISSUES AND ANALYSIS: The request is for a 15 foot variance from the 35 foot standard for a 20 foot front yard setback for a garage addition. The garage addition could be built within ordinance set back standards, notwithstanding the desires of the owner. The applicant does not cite reasons for the appeal; the basis for the request are presumably the same as the initial petition. 12-02-88 Page Two RECOMMENDATION AND CONCLUSION: Staff supports the Board ruling and recommends adoption of the resolution denying the appeal. Attachments: 1. Resolution denying appeal. 2. Resolution approving appeal and variance. 3. Board of Zoning Adjustments and Appeals Minutes. 4. Correspondence 5. Board of Zoning Staff Report. 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 88 - DENIAL OF THE APPEAL OF DAN DRNAVICH FROM BOARD OF ZONING ADJUSTMENTS AND APPEALS RULING (12-02-88) WHEREAS, Dan Drnavich, pursuant to Section 11, Subdivisions C of the Plymouth Zoning Ordinance has appealed the November 29, 1988 ruling of the Board of Zoning Adjustments and Appeals denying his request for a variance from the minimum front yard setback at 16815 22nd Avenue North from 35 feet to 20 feet; and, WHEREAS, the Board of Zoning Adjustments and Appeals considered the matter at a duly called hearing; and, WHEREAS, the City Council has reviewed the proceedings of the Board of Zoning Adjustments and Appeals, as well as the petitioners application for the variance, NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that is should and hereby does deny the appeal of Dan Drnavich from the Board of Zoning Adjustments and Appeals ruling for the following reasons: I. Granting the appeal would establish an undesirable precedent in the City. 2. Standards for a variance have not been met. 3. A garage addition could be constructed within the ordinance minimum yard setbacks. 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: introduced the following Resolution and moved its adoption: RESOLUTION 88 - APPROVAL OF A YARD SETBACK VARIANCE FOR DAN DRNAVICH (12-02-88) WHEREAS, Dan Drnavich, pursuant to Section 11, Subdivisions C of the Plymouth Zoning Ordinance has appealed the November 29, 1988 ruling of the Board of Zoning Adjustments and Appeals denying his request for a variance from the minimum front yard setbacks at 16815 22nd Avenue North from 35 feet to 20 feet; and, WHEREAS, the Board of Zoning Adjustments and Appeals considered the matter at a duly called hearing; and, WHEREAS, the City Council has reviewed the proceedings of the Board of Zoning Adjustments and Appeals, as well as the petitioners application for the variance, NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that is should and hereby does approve the variance for Dan Drnavich for a variance for a maximum 15 foot encroachment into the required front yard setback, based on the following finding: 1. Ordinance variance criteria have been met. 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. Board of Zoning Adjus+Jrents and Appeals Novenber 29, 1988 Commissioner Porzio inquired if there were any other three car garages in this neighborhood. Mr. Drnavich noted approximately 50% of the hcmes in the immediate area had three car garages. M1TION was made by Cccmtissioner Stulberg, seconded by MOTION TO DENY Cannissioner Anderson to deny the request for a Variance from the minimum front yard setback for property located at 16815 22nd Avenue North for the reasons stated in the draft Resolution excluding Condition No. 2. Ccrimissioner Stulberg noted the Ordinance is not creating this hardship; rather, the petitioner's desire's are. Chairman Quass again pointed out that this is a corner lot and is no larger than any other interior lots in this neighborhood: Comissioner Anderson noted the petitioner does have alternatives that would have less impact on the setbacks or require no variances at all. Chairman Quass noted it is the petitioner's desire to have the addition at this location and his desire for a particular design creates the hardship. VOTE. 5 Ayes. MOTION Carried. Chairman Quass reviewed the right to appeal the Board's denial to the City Council. The request submitted by Eugene Sullivan for a Variance from the Shoreland Management and side yarn setbacks for property located at 9920 South Shore Drive per the Novenber 18, 1988 Staff Report was introduced. Since the petitioner was not present a this time, the moved this item to the end of the meeting. The Board took a five minute recess to ow staff to contact Mr. Sullivan to be sure he was of the meeting. The request submitted by cke for a Variance from the front yard setback for roperty located at 12215 29th Avenue North per the r 7, 1988 Staff Report was introduced. Mr. Ruckesewed his request noting that this was the first he had ever had built. He pointed out the lot I%oA, Me—MW —1, 4ii;07 9921 Zi .S RUCK, 12215 2971 AVENUE NORM Board of Zoning Adjustments and Appeals Noverber 29, 1988 Ccumissioner Anderson raised the as to how the City would enforce the fact that cars would not behind the garage. It was the consensus of the Board that the petitioner would not be The request submitted by Dan Drnavich for a Variance frau the front yard setback for property located at 16815 22nd Avenue North, per the Novenber 18, 1988 staff report was introduced. Mr. Drnavich reviewed his request pointing out his home is smaller than many hams in the neighborhood and he is trying to expand the living space. This neighborhood is a family neighborhood and ultimately he is looking at having a pool in the backyard for the neighborhood kids. If the garage were added to the south side of the hone this would not allow a swimming pool to be constructed. Chairman Quass inquired if the garage addition would be used for storage and not for the pool equipment. Mr. Drnavich responded affirmatively noting the pool equipment would be placed in the existing garage or outside. Commissioner Anderson inquired where the rear of the garage addition would be in relationship to the existing window in the garage. Mr. Drnavich noted it would cover over that window. Chairman Quass pointed out that this is a corner lot and it is not larger than any of the interior lots and it is his opinion that corner lots should be larger than interior lots since they do have two front yard setbacks. Commissioner Stulberg inquired as to the possibility of expanding the addition in front of the existing garage since it attars that what was once thought to be the garage addition is really only for storage. Mr. Drnavich noted that this would be possible; however, it would be costly and he would still probably need a Variance. CMI issioner Stulberg noted if the addition is only for storage then this could be done and it would allow him to relocate the entrance to the garage to the north and still have a three car garage in the future if need be. This may not totally eliminate the variance but would reduce it substantially and still allow the pool to the rear of the ham. DAN DFMVICH, 16815 221ND AVENUE NORTH BROUGHTON o: ,n if/ f/ 4*e14 eel CITY OF PLYMOUTH Pursuant to due call and notice thereof, a Special meeting of the Board of Zoning Adjustments and Appeals of the City of Plymouth, Minnesota, was held on the 29th day of November, 198$ The following members were present: Chairman Ouass, Commissioners Anderson. Naftzger. Porzio and Stulberg The following members were absent:Commissioners Bigelow and Patterson Commissioner Stulberg introduced the following Resolution and moved its adoption: RESOLUTION B88-26 DENYING VARIANCE REQUEST FOR DAN ORNAVICH, 16815 22ND AVENUE NORTH (12-02-88) WHEREAS, Dan Drnavich has requested approval of a Variance for a 15 foot encroachment into the minimum front yard setback of 35 feet in order to construct a garage addition; and, WHEREAS, the Board of Zoning, Adjustments and Appeals has reviewed said request, at a duly called hearing; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF ZONING, ADJUSTMENTS AND APPEALS, OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request for Dan Drnavich for a 15 foot Variance to allow a 20 foot front yard setback for a garage addition at 16815 22nd Avenue North for the following reasons: 1. The Variance criteria have not been met. 2. A garage addition can be placed within the Zoning Ordinance minimum setback. The motion for adoption of the foregoing Resolution was duly seconded by Commissioner Anderson , and upon vote being taken thereon, the following voted in favor thereof: Chairman Ouass. Commissioners Anderson, Naftzger. Porzio and Stulbera The following voted against or abstained None Whereupon the Resolution was declared duly passed and adopted. res:12-02-88) CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT TO BOARD OF ZONING, ADJUSTMENTS AND APPEALS REPORT DATE November 18, 1988 COMMISSION MEETING DATE: November 29,1988 FILE NO.: 12-02-88 PETITIONER: Dan Drnavich REQUEST: Variance for 15 feet to allow a 20 foot front yard setback versus the 35 foot Ordinance standard in order to construct a garage addition LOCATION: 16815 22nd Avenue North GUIDE PLAN CLASS: LA -1 (Low Density Residential) ZONING: R -1A (Low Density Single Family Residential) BACKGROUND: This home was built in 1976, with Mr. Drnavich purchasing the home in August, 1984. There is currently a 12 x 15 foot solarium being added to the outside of the home. Property owners within 100 feet have been notified. Attached is a copy of the Variance criteria for reference. PRIMARY ISSUES AND ANALYSIS: 1. The Petitioner states that the lot has an unusual shape unlike many other homes in the area with it getting narrower to the rear of the lot. 2. He notes that if he expands the garage to the south side of the home, it will impede on his future plans for adding a pool to that area. 3. He further states that with adding the garage to the north side of the home, it would still be a considerable distance from the street and would not cause a safety hazard. PLANNING STAFF COMMENTS: 1. This lot does have a unique shape in that it is narrower at the east end than the west end, however the location of the house does allow for alternatives to adding on to the garage and maintaining the Ordinance Staff Report November 18, 1988 Page 2 required setbacks. 2. The Petitioner is self imposing the problems by his desire and plan for future additions and recreational amenities to the property. The Petitioner should adhere to the Ordinance requirements and then determine where his recreational amenities could be placed. There is adequate lot area for these. RECOMMENDATION: We recommend denial of the request submitted by Dan Drnavich for the requested Variance from the minimum front yard setback for property located at 16815 22nd Avenue North for the reasons stated in the draft Resolution. The Petitioner does have other alternatives in which to place the third car garage stall that will meet the Ordinance required setbacks. Submitted by: Al Cottingham, Associate Planner ATTACHMENTS: 1. Draft Resolution 2. Location Map 3. Lot Drawing 4. Petitioner's Correspondence 5. Variance Criteria 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 88 - DENYING VARIANCE REQUEST FOR DAN DRNAVICH, 16815 22ND AVENUE NORTH (12-02-88) WHEREAS, Dan Drnavich has requested approval of a Variance for a 15 foot encroachment into the minimum front yard setback of 35 feet in order to construct a garage addition; and, WHEREAS, the Board of Zoning, Adjustments and Appeals has reviewed said request, at a duly called hearing; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF ZONING, ADJUSTMENTS AND APPEALS, OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request for Dan Drnavich for a 15 foot Variance to allow a 20 foot front yard setback for a garage addition at 16815 22nd Avenue North for the following reasons: 1. The Variance criteria have not been met. 2. This would establish an undesirable precedent within the City. 3. A garage addition can be placed within the Ordinance setback. The motion for adoption of the foregoing Resolution was duly seconded by , and upon vote being taken thereon, Lhe 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 88 - APPROVING VARIANCE REQUEST FOR DAN DRNAVICH, 16815 22ND AVENUE NORTH (12-02- 88) WHEREAS, Dan Drnavich has requested approval of a Variance for a 15 foot encroachment into the minimum front yard setback of 35 feet in order to construct a garage addition; and, WHEREAS, the Board of Zoning, Adjustments and Appeals has reviewed said request, at a duly called hearing; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF ZONING, ADJUSTMENTS AND APPEALS, OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request for Dan Drnavich for a 15 foot Variance to allow a 20 foot front yard setback for a garage addition at 16815 22nd Avenue North for the following reasons: 1. The Variance criteria have been met. 2. This would not establish an undesirable precedent within 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. 56) R on S i 50) z ) 7) r, &4- D 6) „o 3..35 7i4I VICKSBURG 1s 11 e - aa) LANE t 361 . ov,101 c 1 - (0) 1 Iw 13.0. (7) /• /X 6 5t 7 ( 9 FAZEis3) t1 ( 6) ( 15) - (16)- (17) a ( 191 n '• 7 .o• I * (N) l) 9 (a) AVEwo. 7. a' 1 1 11 o. z) r rr. ?i w(2S) e5) t1 9 n "T "Q e 2z) t 3 - I w..`.: 1 ..a•. 4.1• : ~ j , OD 23) (Nob Ia (9) ( 10) (27) A '• 1 1,M 61 ..d . r(26) - (25) (26)- 7) A (e) Z i; ` t S - S (30) Ie) I U.M I . - - - `. - — I 1. N•. )1 1'I) u• (1) 22) (2116 (70)_ ( 19) (5) O(71 () ^ •' ill) CRf S 2) - . Sz ( 14 x s _ 6 7e) a s 23RD. AVE. NO. a (6) 24. ( Is) 8 ....r 1 I. . 11: 2 76) d r Y tly/ 1 3 •n. A w [_ (41) ~(601 - ( 36) . J Fa- uv o ( 9) . Ir.li {( I' 0 r ...6• /. ry1p. ri v1e y j OUT 11)-' j1 rw.lt tr.n lti= 14 I&A (79) Q ( = r. p i i ( -• i (AVE . N0. -3 s (V)4 M. e7 J 0 It " o . ?16. n 7 OC R - 69) a - II (io) (.$) .t p•.. ^.... (s71 2 r ' a ti ' 3 Q 7+) ' 1 ' 6 n) r ar _!sp . a ^' Z 17 W,. a 1.•1 >< ( a - l O 46) (47) Q 1'6) 2' 7') 14r 53) j1 p. 2 IST AVE. NO. a 19 1) "'" 2631t) 77)es 05 p• _ d (5,) - OU7lOT A h 33) (35) P (36) 9(37)1-..4? •!1 I i # . ` •• Z^.`' (/h'S i (11)4n..3 12 (•Y i i ' ffd g $ (56) LJ`' Ati'' W) (65) (F6) !.: E Te.o! p 3 40 - • ts; ts !( ( 621 r` 1 rn n ., a p .3 '4 -1 7- Il) 11°.13 113 n! n! i >i tU• 7Je. 197H a AVE. N.hll O Q - 4` x'•4.14 , ,• h')° ws n 2 e ` %°) ` I n ¢ Ci°1 15 16 17 18 19 ,t 2 l 6 y 7. mVX w.n Y a 69) - - (70) _ (7_1) p. ( 71) + 1 w0. e IM' 1x..6• r = .M r. .°' t ti I1r 1: i• 9 64) 150) = a (57) 4 (2) J7 ( r)1 l M. lV1 11 'YI ( 11 g \1 a ry, J 4_ 3 ``,c I h •. 0 tj C) X1.1_ \,0.4 ' \ ' 3 I .vu 1 4V C 7.33 t `- E Q jo i2v COr V d o , SCALE: 1"=20' r o Denotes Iron Monument Found and Set ti 0. 03 a N Z 5¢ 4r' E - 30 I hereby certify that this survey was prepared by me or under my direct supervision and that I am a duly Regis tered.:ProfessionaI Land Surveyor under the laws of the State of P1in5ta. Dated thisrd ay of November, 1988. By Minnesota Tit.- u„ iiiri i I C CL a I! 1 I 12 LU F1 a 4- IN I W Q~ L L LU L T L i Yl IN I BRQ!lbHTON 1.in KE w e MIvt dao, C, lw 4eg 0 BROUGHTON 9. ZoN G vRt N N E. 1) That because of the particular physical surroundinos, shape, or topographical conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distlnauished from a mere inconvenience, if the strict letter of the reaulations were to be carried out. 2) That the conditions upon which a petition for a variation is haled are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zon- ing classification. 3) That the purpose of the variation Is not based exclusively upon a desire to increase the value or income potential of the parcel of land. 4) That the alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently havino an interest In the parcel of land. S) That the granting of the variation will not be detrimental to the public welfare or Injurious to other land or improvements In the neighborhood in which the parcel of land Is located. 6) That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the con- gestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. Regular Council Meeting December 19, 1988 Page 360 MO ON was made by Councilmember Vasiliou, seconded by RESOLUTION NO. 88-875 Coun lmember Zitur, to adopt RESOLUTION NO. 88-875 SETTING SETTING CONDITIONS TO CONDI ONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL BE MET PRIOR TO FILING PLAT FOHARBOR PLACE FOR HANS HAGEN HOMES (87124) (RPUD 88-3). (87124) Item 8-F Motion car 'ed on a Roll Call vote, four ayes. MOTION was ade by Councilmember Vasiliou, seconded by RESOLUTION NO. 88-876.. Councilmember tur, to adopt RESOLUTION NO. 88-876 ADOPTING ADOPTING ASSESSMENTS ASSESSMENTS, PRO CT NO. 919, SANITARY SEWER AND WATERMAIN AREA PROSECT NO. 919 HARBOR PLACE. Item 8-F Motion carried on a Ro Call vote, four ayes. Ross Kneen appealed the andof Zoning Adjustment's ruling of denial for a variance fr the minimum front yard setback at 17025 14th Avenue North.\ Ietter en described the proposed addition to his home, notithe improvement will reduce the large asphalt area onoperty and increase green space. The improvement widesirable addition to the neighborhood and a varianced because of the curving nature of the cul-de-sac. d that the addition would be only 12" closer to thty line than a previously approved variance. He prester from neighbors stating no objection to the proposal MOTION was made by Councilmember Vasi\ Mayo ded by RESOLUTION NO. 88-877 Councilmember Zitur, to adopt RESOLUTION NO.OVAL OF APPROVING FRONT YARD A FRONT YARD SETBACK VARIANCE FOR ROSS KNEEN SETBACK FOR ROSS KNEEN 12-01-88) MOTION to amend the main motion was made neider, Item 8-G-1 seconded by Councilmember Ricker, to requiasphalt not necessary for the driveway be removedd with grass, shrubbery, or sidewalk. Motion to amend carried, four ayes. Dan Drnavich appealed the Board of Zoning Adjustment's ruling of Dan Drnavich denial for a variance at 16815 22nd Avenue North to allow Appeal of BOZA Ruling contruction of a garage addition. He passed out plan materials (12-02-88) to explain his appeal. Drnavich stated that his lot has an Item 8-G-2 unusual shape. If he expands the garage to the south side of the home, which would not require a variance, it will impede on his future plans for adding a pool. Adding the garage to the north side of the home would not cause a sight safety hazard. Regular Council Meeting December 19, 1988 Page 361 He rioted safety factors in not having complete visibility from the home to the proposed pool and potential difficult snow removal as variance criteria hardships. He recognized there are design alternatives, but noted his concern with the aesthetics of an addition to his home. Mayor Schneider questioned whether the reasons for the variance stated by Mr. Drnavich are valid hardships and meet the variance criteria. Councilmember Ricker clarified the roof design shown on the plans handed out. Mayor Schneider moved to deny the variance request presented by Mr. Drnavich. Motion failed for lack of a second. Councilmember Ricker stated that in viewing the property, it appears the addition would cause no sight obstruction, and moved to approve the variance request presented by Mr. Drnavich. Motion failed for lack of a second. Councilmember Vasiliou stated that the petitioner does have alternatives for garage and pool construction, and safety and aesthetic concerns can be addressed within the setback area. The request is based upon convenience and desired design. MOTION was made by Councilmember Vasiliou, seconded by Mayor Schneider, to deny the variance request of Mr. Drnavich. Councilmember Zitur stated that he had visited the site and thought the request was reasonable. Motion failed on a Roll Call vote, Vasiliou and Schneider ayes; Ricker and Zitur nays. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to approve the variance request of Mr. Drnavich. Motion failed on a Roll Call vote, Ricker and Zitur ayes; Vasiliou and Schneider nays. appea e Board of Zoning ruling of denial for a 2.65 foot variance from the o.Qt_front yard standard for a new home. Thomas Rucke, P.O. Box 75630, St. a , ted that he had obtained setback information from the City prior anning Thomas Rucke Appeal of BOZA Ruling 11-03-88) Item 8-G-3 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: December 27, 1988 for City Council Meeting January 3, 1989 TO: City Manager James G. Willis FROM: Associate Planner Al Cottingham through Community Development Director Blair Tremere SUBJECT: Reduction of Site Performance Guarantee for Gary Bleum for ProDesign (88113) ACTION REQUESTED: Adopt the attached resolution authorizing the reduction of the Site Performance Guarantee for Gary Bleum for ProDesign located at 2500 Niagara Lane. PRIMARY ISSUES AND ANALYSIS: Planning staff inspected the site. The following deficiencies and requirements remain: 1. Installation of one tree and a small area to be sodded. 2. Completion of parking lot wearing course paving. 3. "As -built" utility plan. 4. Winter Survivability of landscaping. RECOMMENDATION AND CONCLUSION: I recommend adoption of the attached resolution authorizing reduction of the financial guarantee for Gary Bleum for ProDesign located at 2500 Niagara Lane. Attachments: 1. Draft Resolution 2. Site Location Map 3. Approval Letter sr:88113/cc:jw 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 88 - AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR GARY BLEUM FOR PRODESIGN (88113) WHEREAS, a site plan for Gary Bleum for ProDesign located at 2500 Niagara Lane was administratively approved on October 25, 1988; and WHEREAS, the developer submitted the required site performance guarantee in the form of a certificate of deposit in the amount of $18,160; and, WHEREAS, upon notice from the developer, City staff has inspected said site and recommends reduction of the financial guarantee; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does authorize the reduction of the Certificate of Deposit in the amount of $18,160 which was submitted to guarantee site improvements for Gary Bleum for ProDesign located at 2500 Niagara Lane to $3,000. 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. U a6 L W IVAN. is* 9 Ord Id111111111 I e%1 !MOWN,pom Mr. Shane Wolgamuth Welsh Construction Corporation 11200 West 78th Street Eden Prairie, MN 55344 SUBJECT: Administrative Approval for Gary R. Bluem (88113) Dear Mr. Wolgamuth: This letter is written to inform you that the above -referenced application has been administratively approved per Section 11, Subdivision A, Paragraph 8, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 3. All signage shall be in compliance with the Ordinance requirements of the City of Plymouth. 4. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 5. Compliance with the Ordinance regarding the location of fire hydrants and fire lanes. 6. All waste and waste containers shall be stored within the enclosure, and no outside storage is permitted. 7. An 8-1/2 x 11 inch "As -Built" Fire Protection Plan shall be submitted prior to the release or reduction of any site improvement bonds per City Policy. The administrative approval of your Site Plan shall become complete upon your acknowledgement of this letter and the return of one executed copy. Please note this approval is valid for one year from the date of this letter, subject to the provisions of Section 11 of the Zoning Ordinance. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 I October 25, 1988 Mr. Shane Wolgamuth Page 2 Should you have any questions concerning this matter, please do not hesitate to call me. Sincerely, At OR k -T iIIerud Community Development Coordinator CD: j aw cc: Assistant City Engineer John Sweeney I HEREBY ACKNOWLEDGE AND AGREE TO THE ADMINISTRATIVE APPROVAL OF THE SITE PLAN FOR GARY R. BLUEM (88113) INCLUDING ALL THE CONDITIONS THEREOF CONTAINED IN THIS LETTER AND THE APPLICABLE PROVISIONS OF THE CITY CODE. Gary R. Bluem ,------ Date: It MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: December 27, 1988 for City Council Meeting January 3, 1989 TO: City Manager James G. Willis FROM: Associate Planner Al Cottingham through Community Development Director Blair Tremere SUBJECT: Reduction of Site Performance Guarantee for Ryan Construction for Ostbye and Anderson (88073) ACTION REQUESTED: Adopt the attached resolution authorizing the reduction of the Site Performance Guarantee for Ryan Construction for Ostbye and Anderson located at 10055 51st Avenue North. PRIMARY ISSUES AND ANALYSIS: Planning staff inspected the site. The following deficiencies and requirements remain: 1. Winter survivability of landscaping. 2. "As -built" utility plan. RECOMMENDATION AND CONCLUSION: I recommend adoption of the attached resolution authorizing reduction of the Financial Guarantee for Ryan Construction for Ostbye and Anderson located at 10055 51st Avenue North. Attachments: 1. Draft Resolution 2. Site Location Map 3. Approval Letter sr:88073/cc:jw r 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 88 - AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR RYAN CONSTRUCTION FOR OSTBYE AND ANDERSON (88073) WHEREAS, a site plan for Ryan Construction for Ostbye and Anderson located at 10055 51st Avenue North was administratively approved on July 26, 1988; and WHEREAS, the developer submitted the required site performance guarantee in the form of a bond in the amount of $144,680; and, WHEREAS, upon notice from the developer, City staff has inspected said site and recommends reduction of the financial guarantee; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does authorize the reduction of the Site Performance Bond No. B697916 in the amount of $144,600 to $5,000. 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. 7 July 26, 1988 CITY OF PUMOUTR Mr. John Strittmatter Ryan Construction Company 900 Second Avenue South Suite 700 Minneapolis, MN 55402 SUBJECT: ADMINISTRATIVE SITE PLAN APPROVAL - OSTBYE & ANDERSON (88073) Dear Mr. Strittmatter: This letter is written to inform you that the above -referenced application has been administratively approved per Section 11 . Subdivision A subject to he following conditions: 1. Compliance with City Engineer's Memorandum. 2. Payment of park dedication fees -in -lieu of dedication with appropriate credits in an amount determined according to verified acreage and paving costs and according to the Dedication Policy in effect at the time of Building Permit issuance. - 3. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 4. Any signage shall be in compliance with the Ordinance requirements of the City of Plymouth. 5. Any subsequent phases or expansions are subject to required review and approvals per Ordinance provisions. 6. Compliance with the Ordinance regarding location of fire hydrants and fire lanes. 7. All waste and waste containers shall be stored within the structure, and no outside storage is permitted. 8. An 8 1/2 x 11 inch "As -Built" Fire Protection Plan shall be submitted prior to the release or reduction of any site improvements bonds per City Policy. 9. No Building Permit shall be issued until the Lot Division/Consolidation for the site has been approved and recorded with Hennepin County. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 Mr. Strittmatter Page Z 10. Payment of park dedication fees on the 1.17 acre portion of the site upon which this building is proposed that has been divided off by a separate City Council action will be required prior to issuance of a Building Permit for this structure. The administrative approval of your Site plan shall become complete upon your acknowledgment of this letter and the return of one executed copy. Please note this approval is valid for one year from the date of this letter, subject to the provisions of Section 11 of the Zoning Ordinance. Should you have any questions concerning this matter, please do not hesitate to call me. Sincerely, ff Charles E. Dillerud Community Development Coordinator cc: Assistant City Engineer John Sweeney File 88073 I HEREBY ACKNOWLEDGE AND AGREE TO THE ADMINISTRATIVE APPROVAL OF THE SITE PLAN FOR OSTBYE & ANDERSON (88073) INCLUDING ALL THE CONDITIONS THEREOF CONTAINED IN THIS LETTER AND THE APPLICABLE PROVISIONS OF THE CITY CODE. Ryan Construction Company by: Date: MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: December 27, 1988 for City Council Meeting January 3, 1989 TO: City Manager James G. Willis FROM: Associate Planner Al Cottingham through Community Development Director Blair Tremere SUBJECT: Release of Site Performance Guarantee for OPUS Corporation for Tech West 55 (85051) ACTION REQUESTED: Adopt the attached resolution authorizing the release of the Site Performance Guarantee for OPUS Corporation for Tech West 55 located at 14800 28th Avenue North. I PRIMARY ISSUES AND ANALYSIS: Planning staff inspected the site. All the site work had been completed including the winter survivability of landscaping. RECOMMENDATION AND CONCLUSION: I recommend adoption of the attached resolution authorizing the release of the Financial Guarantee for OPUS Corporation for Tech West 55 located at 14800 28th Avenue North. Attachments: 1. Draft Resolution 2. Site Location Map 3. Resolution No. 85-570 sr:85051/cc:jw 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 88 - AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR OPUS CORPORATION FOR TECH WEST 55 (85051) WHEREAS, a site plan for OPUS Corporation for Tech West 55 located at 14800 28th Avenue North was approved under City Council Resolution No. 85-570; and WHEREAS, the developer submitted the required site performance guarantee in the form of a bond in the amount of $600,000; arid, WHEREAS, the City Council under Resolution No. 87-557 authorized the reduction of the bond to $22,000; and, WHEREAS, upon notice from the developer, City staff has inspected said site and recommends release of the financial guarantee; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does authorize the release of the Site Performance Bond No. 400 BB1174 in the amount of $22,000 which was submitted to guarantee site improvements for OPUS Corporation for Tech West 55 located at 14800 28th Avenue North. 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. to I 0 I t CITY OF PLYMOUTH Pursuant to due call and notice thereof, a special Ping of the City Council of the City of Plymouth, Minnesota, was held on the 11th day of August 1985. The following members were present: Mayor Davenport, rouncilmembers Neils, Schneider and Vasiliou The following members were absent: Councilmember Crain f* * r r Councilmember Schneider introduced the following Resolution and moved its adoption: RESOLUTION NO. 95-570 APPROVING SITE PLAN FOR OPUS CORPORATION (85051) WHEREAS, Opus Corporation has requested approval of a Site Plan for the constr1irtion of an approximate 109,000 sq. ft. office/warehouse facility east of Nia(lar.a Lane .ano north of 29th Avenue North; and, WHERFAS, the Planninq Commission has reviewed said request .arid recommends appro%,al; NO%%, THERFFORE, BE IT HERFBY RESOLVED BY THE CITY COUNCIL OF THC CITY Oi PLYMOUTH, MINNESOTA, that it. should arid hereby does approve the request for Opus Corporation for a Site Plan for the construction of an approximate 105,000 sq. ft.. offire/w.1rC- house facility east of Niagara Lane arid north of 29th Avenue North, slahject to the following condition.: 1. Compliance with Citv Fngineer's Memorandum. 2. Payment of park dedication fees -in -lieu of dedication In arcordance Nith the Dedication Poliry in effect at the time of Building Permit issuance. 3. Submission of required finanrial quarantee and Site Performance altree•ment for completion of site improvements. 4. Siqnaqe program shall he reviewed and approved by the Planninq Commission .and City Counril prior to issuance of a Slqn Permit. 5. Any subsequent phases or expansions are subject to required revicNs .and .approv- als per Ordinance provisions. 6. Development of future additions or separate buildings shall he accmtrlished %Rh- in Ordinance provisions; separate prii;ciple structures shall be on Individual parcels, subject to Ordinance required reviews for land division. 7. All waste and waste containers shall be stored within the structure arid no out- side storage is permitted. S. No Building Permit to he issued until the Lot Consolidation is filed arid record- ed with Hennepin County. The motion for adoption of the foregoing Resolution was duly seconded by Councilmember Neils , and upon vote being taken thereon, the following voted in favor thereof: ayor avenport, Councilmembers Neils, Schneider and Vasiliou The following voted against or abstained: none Whereupon the Resolution was declared duly passed and adopted. MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: December 27, 1988 for City Council Meeting January 3, 1989 TO: City Manager James G. Willis FROM: Associate Planner Al Cottingham through Community Development Director Blair Tremere SUBJECT: Release of Site Performance Guarantee for Lundgren Brothers Construction Company for Mission Ponds (A-338) ACTION REQUESTED: Adopt the attached resolution authorizing the release of the Site Performance Guarantee for Lundgren Brothers Construction Company for Mission Ponds located at the northwest corner of Zachary Lane and 36th Avenue North. PRIMARY ISSUES AND ANALYSIS: Planning staff inspected the site. All the site work had been completed included the winter survivability of landscaping. RECOMMENDATION AND CONCLUSION: I recommend adoption of the attached resolution authorizing the release of the Financial Guarantee for Lundgren Brothers Construction Company for Mission Ponds located at the northwest corner of Zachary Lane and 36th Avenue North. Attachments: 1. Draft Resolution 2. Site Location Map 3. Resolution No. 77-558 sr:A-338/cc:jw 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 88 - AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR LUNDGREN BROTHERS CONSTRUCTION COMPANY FOR MISSION PONDS (A-338) WHEREAS, a site plan for Lundgren Brothers Construction Company for Mission Ponds located at the northwest corner of Zachary Lane and 36th Avenue North was approved under City Council Resolution No. 77-558; and WHEREAS, the developer submitted the required site performance guarantee in the form of a bond in the amount of $25,000; and, WHEREAS, the City Council under Resolution No. 87-187 authorized the reduction of the bond to $7,000; and, WHEREAS, upon notice from the developer, City staff has inspected said site and recommends release of the financial guarantee; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does authorize the release of the Site Improvement Bond No. 54-14460 in the amount of $7,000 which was submitted to guarantee site improvements for Lundgren Brothers Construction Company for Mission Ponds located at the northwest corner of Zachary Lane and 36th Avenue North. 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. I i. may.. 11 ® Q iL r 0 CITY OF PLYMOUTH 0 Pursuant to due cal: and notice thereof, a regular meeting of the City Ccuncil of the City of Plymouth, uinesota was e on the 3rd day of October , 1977 . The following members were present: lYr U+ iAa r,-ilmen Hunt. Neils, Seiboldnd n eti, The followingmembers were absent: AAA AAA * Councilman Hunt introduced the following Resolution and moved is adoption: RESOLUTION #77-558 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF FINAL PLAT OF "MISSION PONDS" FOR MISSION PARTNERSHIP (A-338) WHEREAS, the City Council has approved the final plat and developmen' contract for Mission Ponds" as requested by Mission Partnersiip; NOW, THEREFORE, BE IT HEktBY RESOLVED BY THE CITY COUNCIL OF THr rITY OF PLYMOUTH, MINNESOTA, that it should, and hereby does, direct the following prior to recording of said plat: 1. Compliance with provisions of the City Engineer's report on this project. 2. All streets within the project shall comply with specifications of Section 2, Subdivision 3, paragraph 4h of the Zoning Ordinance. 3. Approval by the City Attorney of Association covenants and byl,ws. 4. Adjustment of Lot 37, increasing the lot depth by 33 ft. and reducing lot width by 10 ft. (to make the trail corridor of Lot 1 25 ft. in width) and with restrictive covenants placed on the huilding for Lot 37 locating the garage on the west side of the structure (adjacent to the trail corridor). 5. 16 additional trees be added to the southeast corner of the project, said trees to be placed 10 ft. apart in staggered rows for purposes of additional screening of the project. 6. Landscape plans shall be amended to reflect all areas intended to be maintained in a "manicured" state. All areas of Lot 1 outside of the existing tree cover, including the corridor to 37th Avenue North shall be maintained as "manicured". No "natural" areas except within existing tree cover shall be permitted. , The motion for the adaption of the foregoing Resolution was duly seconded by Coungilman Neils , and upon vote being taken thereon, the following —voted in favor thereof: Mayor hilde, Councilmen Hunt, Neils, Seibold _and S aeth The o lowing voted against or abstained. one Whereupon the Resolution was declared duly passed and adopted-. AAA AAA AAA It MEMO CITY OF PLYMOUTH^ 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: December 22, 1988 For City Council Meeting of January 3, 1989 TO: James G. Willis, City Manager Through Fred G. Moore, Di ector of Public Works FROM : Chester J. Harrison, Jr., City Engineer SUBJECT: PRELIMINARY ENGINEERING REPORT AND ORDERING PROJECT FOR WILD WINGS 2ND ADDITION - STREET LIGHTING ACTION REQUESTED: Receive Preliminary Engineering Report and order street lighting project for Wild Wings 2nd Addition. BACKGROUND: Attached to this memo is a Preliminary Engineering Report for the installation of street lights within Wild Wings 2nd Addition. This report was ordered by the Council on December 5, 1988. RECOMMENDATIONS AND CONCLUSIONS: I recommend that the report be accepted by the City Council and the project ordered. Chester J. Ha-rrison, CJH:rcj:kh attachments: Resolution Preliminary Engineering Report Map CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1989. The following members were present: , The following members were absent: x introduced the following Resolution and moved its adoption: RESOLUTION NO. 89 - RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING WILD WINGS 2ND ADDITION WHEREAS, pursuant to a resolution of the Council adopted December 5, 1988, a report has been prepared by the City Engineer with reference to the improvement of Wild Wings 2nd Addition by the installation of ornamental residential street lights and this report was received by the Council on January 3, 1989. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The Council finds and determines that said petition was signed by all owners of real property within the plat named as the location of the improvement. 2. Such improvement is hereby ordered as proposed in the Council resolution adopted January 3, 1989. The petitioners have waived their right to a public hearing. 2. The City Engineer is hereby designated as the engineer for these improvements. He shall coordinate the work which will be done by the Northern States Power Company. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: , The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. 0 PRELIMINARY ENGINEERING REPORT ORNAMENTAL RESIDENTIAL STREET LIGHTING SYSTEM WILD WINGS 2ND ADDITION Attached to this report is a petition received from the developer and/or property owners of 100% of the property known as Wild Wings 2nd Addition requesting street lights. The project consists of the installation of ornamental street lights for the plat with the lights to be placed at the locations shown on the attached map. There are three (3) lights at a monthly cost of $13.46 per light for a total cost of $41.68 per month, including contingencies at $.10 per lot. The project would be billed on a monthly basis to all the lots in the addition, a total of 13 lots, which results in an estimated cost of $3.21 per lot per month. The rate quoted above is dependent upon the operating cost for Northern States Power Company under contract franchise with the City of Plymouth. The lights will be their standard "traditional" post top unit mounted on a fiberglass pole and the wiring will be underground from the transformer. The project is feasible and should be undertaken as outlined above. Dated: December 22, 1988 1 ,, C Ree. No. Chester Harrison, 12510 CITY OF PLYMOUTH PETITION FOR STREET LIGHTS We, the undersigned, do hereby petition the City of Plymouth, Mayor and Council for the installation of street lights in the following area: Cj We do hereby waive our right to public improvement hearings and special assessment hearings on this improvement. NAME y%v\ —OL -U t-eS ADDRESS y r a cerci aj e-;>-- t 2 1 tl m N ZACHARY LANE — — ck y II 0 boo F 0 v 0 z Om vv An 00 z j I d i i i i i r MEMO 0 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: December 22, 1988 For City Council Meeting of January 3, 1989 TO: James G. Willis, City Manager Through Fred G. Moore, Director of Public Works FROM : Chester J. Harrison, Jr., City Engineer SUBJECT: WAIVER OF ASSESSMENT HEARING LOT 1, BLOCK 1 PRIME WEST BUSINESS PARK 3RD ADDITION - AREA ASSESSMENTS ACTION REQUESTED: Adopt the attached resolution levying the area assessments for Lot 1, Block 1, Prime West Business Park 3rd Addition. BACKGROUND: The Final Plat of Prime West Business Park 3rd Addition did not require a development contract because all of the public improvements were constructed under a development contract for Prime West Business Park 2nd Addition. One of the conditions of approval for the Final Plat of Prime West Business Park 3rd Addition and the Site Plan for the New Horizon Day Care Center was that the area assessments would be paid with the building permit or the developer sign a waiver of assessment hearing. The developer has elected to waive all rights to a special assessment hearing for the area assessments. This signed waiver is attached. RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council adopt the attached resolution levying the area assessments in the amount of 2,445 for Lot 1, Block 1, Prime West Business Park 3rd Addition. Chester J. Harrison, CJH:rcj:kh attachments: Resolution Waiver of Assessment Hearing CITY OF PLYMOUTH Pursuant to due call and notice thereof, a City of Plymouth, Minnesota was held on the day of 1989. The following members were present: The following members were absent: XXX adoption: meeting of the City Council of the 7 C X)C introduced the following Resolution and moved its RESOLUTION NO. 89 - ADOPTING ASSESSMENTS PROJECT NO 921 SANITARY SEWER AND WATERMAIN AREA - PRIME WEST BUSINESS PARK 3RD ADDITION WHEREAS, we have received a Waiver of Assessment Hearing from the property owner of Prime West Business Park 3rd Addition waiving their right to special assessment hearings covering the installation of sanitary sewer and 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 1990, 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, 1990. 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 $2,445. 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. XXX WAIVER OF ASSESSMENT HEARING The undersigned does hereby waive all rights to special assessment hearings for assessments as follows on the property described as Lot 1, Block 1, Prime West Business Park 3rd Addition ESTIMATED ESTIMATED ASSESSMENT UNIT COST/UNIT TOTAL Sewer Lateral Water Lateral Streets Sewer Area 1 385 385 Water Area 1 2060 2060 TOTAL ASSESSMENT $2,445 PRIME/NEW RIZ N 1 L ITED PARTNERSHIP By Dated: 198f STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) The foregoing instrument was ackncaledged before me this - day of 19 Notary Public MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: December 27, 1988 For City Council Meeting of January3, 1989 n TO: James G. Willis, City Manager Through Fred G. Moore, Director of Public Works FROM : Chester J. Harrison, Jr., City Engineer SUBJECT: VACATION OF DRAINAGE EASEMENTS WITHIN OUTLOT A PRIME WEST BUSINESS PARK 3RD ADDITION ACTION REQUESTED: Set public hearing for vacation of drainage and utility easements and drainage easements for ponding on February 6, 1989 for Outlot A, Prime West Business Park 3rd Addition. BACKGROUND: Prime Development Corporation has requested that certain drainage and utility easements and drainage easements for ponding be vacated to fit the lot sizes and new pond location with the replatting of Outlot A into Prime West Business Park 4th Addition. The necessary drainage and utility easements and drainage easements for ponding will be rededicated on the plat for Prime West Business Park 4th Addition. RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council adopt the attached resolution establishing a public hearing on February 6, 1989. 1- n, Jr., P.E. CJH:rcj:kh attachments: Resolution Map Petition CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1989. The following members were present: , The following members were absent: its adoption: introduced the following Resolution and moved RESOLUTION NO. 89 - ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENTS AND DRAINAGE EASEMENTS FOR PONDING PURPOSES OUTLOT A - PRIME WEST BUSINESS PARK 3RD ADDITION WHEREAS, pursuant to M.S.A. 412.851, Prime Development Corporation has petitioned the City Council for the vacation of the following drainage and utility easements and drainage easement for ponding purposes: The drainage and utility easement and drainage easement for ponding purposes in Outlot A, Prime West Business Park 3rd Addition, according to the recorded plat thereof, Hennepin County, Minnesota. AND, WHEREAS, the City Council has reviewed said request and found the same to be in order; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That it should, and hereby does, establish the date of February 6, 1989, at 7:30 p.m. in the Council Chambers, Plymouth City Center, 3400 Plymouth Boulevard, as the time and place for the public hearing of said petition and directs the administrative staff to publish notice of said hearing as provided by law. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: , The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. December 20, 1988 Mr. Fred G. Moore, P.E. CITY OF PLYMOUTH 3400 Plymouth Boulevard Plymouth, MN 55447 Subject: Prime Development Corporation - Prime West Business Park 4th Addition Dear Mr. Moore, We hereby petition the City of Plymouth to vacate the utility, drainage and ponding easements, which are contained in Outlot A of Prime West Business Park 3rd Addition. If you have any questions, or need additional information, please feel free to contact Tim Murphy or myself. Sincerely, PRIME DEVE OP NT CORPORATION I N. Patrick an Senior Vice President Development cc: David Kantor, Leonard, Street and Deinard Paul Pearson, McCombs Frank Roos Associates, Inc. NPH:mbe P ft M E E MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: December 27, 1988 for Council Meeting of January 3,.1988 TO: James G. Willis, City Manager, through Fred G. Moore, Director of Public Works FROM John R. Sweeney, Assistant Engineer SUBJECT: BOND REDUCTIONS ACTION REQUESTED: We have received requests from the developers for a bond reduction to reflect completed work in their developments. The City has made inspections of the work and I recommend that the attached resolutions be adopted. These developments are: 1. Deerwood Glen Plat Two 2. Heritage Ridge Addition 87010) 86087) 3. Bass Lake Heights 4th Addition (85126) 4. Armstrong Ridge Addition (80011) Jokin R. Sweeney JRS : kh ----- attachments: Resolutions MD CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1989. The following members were present: The following members were absent: 7AC C 7 C adoption: 7CX meeting of the City Council of day of , 7Af Tf X introduced the following Resolution and moved its RESOLUTION NO. 89 - REDUCING DEVELOPMENT BOND DEERWOOD GLEN PLAT TWO (87010 FKA 86084)) WHEREAS, in accordance with the development contract dated March 16, 1987, Wiswell Estates, Inc., and International Development, Inc., developer of Deerwood Glen Plat Two 87010 FKA 86084), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and WHEREAS, the developer has requested a reduction of the development bond to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the bonding requirements are reduced as follows: Street Construction Sanitary Sewer Watermain Storm Sewer Boulevard and Drainage Swale Sod Pond or Ditch Construction Street Signs Site Grading and Drainage Improvements Park and Trail Improvements Design, Administration, Inspection, As-Builts TOTAL 77,200 7,720 42,900 0- 43,400 0- 15,500 0- 6,800 6,000 0- 0- 300 0- See Grading Permit 44474 0- 22,332 0- 1,646 208,432 $ 15,366 That the letter of credit required for the above items be reduced as detailed above from $61,592 to $15,366 to reflect the completed work. Resolution No. 89 - Page Two FURTIIFR BE TT RrSOT,VFTI that the bonding requirements for the following items per Section 8.1 of the approved development contract be reduced as follows: ITEM ORIGINAL AMOUNT NEW AMOUNT Maintenance of Erosion and Sediment Control Plan Street Sweeping and Storm Sewer Cleaning Cash: $-0- $-0- Letter of Credit: $-0- $-0- See Grading Permit No. 4474 The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: ' The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Ptirsitant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1989. The following members were present: _ The following members were absent: adoption: XXX meeting of the City Council of day of , introduced the following Resolution and moved its RESOLUTION NO. 89 - REDUCING DEVELOPMENT BOND HERITAGE RIDGE ADDITION (86087) WHEREAS, in accordance with the development contract dated November 3, 1987, Host Development and International Development, developer of Heritage Ridge Addition 86087), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and WHEREAS, the developer has requested a reduction of the development bond to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the bonding requirements are reduced as follows: Street Construction Sanitary Sewer Watermain Storm Sewer Boulevard and Drainage Swale Sod Pond or Ditch Construction Street Signs Site Grading and Drainage Improvements See Site Grading Permit No. 10962) Park and Trail Improvements Design, Administration, Inspection, As-Builts TOTAL 88,428 0- 64,950 0- 45,369 0- 14,376 0- 6,400 4,200 0- 0- 450 0- 0- 0- 1,256 126 26.547 519 247,776 $ 4,845 That the letter of credit required for the above items be reduced as detailed above from $33,741 to $4,845 to reflect the completed work. Resolution No. 89 - Page Two FURTHER RE IT RESOLVED that the bonding requirements for the following items per Section 8.1 of the approved development contract be reduced as follows: ITEM ORIGINAL AMOUNT NEW AMOUNT Maintenance of Erosion and Sediment Control Plan Street Sweeping and Storm Sewer Cleaning * Cash: $-0- $-0- Letter of Credit: $-0- $-0- See Grading Permit No. 10962 for Financial Guarantee FURTHER BE IT RESOLVED, that the street construction and concrete curb and gutter is accepted for continual maintenance as of January 3, 1989, subject to the One Year Guarantee by the Developer. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1989. The following members were present: The following members were absent: X )C )C adoption: if X7 C meeting of the City Council of day of , introduced the following Resolution and moved its RESOLUTION NO. 89 - REDUCING DEVELOPMENT BOND BASS LAKE HEIGHTS 4TH ADDITION (85126) WHEREAS, in accordance with the development contract dated February 5, 1987, BLH Development Company, developer of Bass Lake Heights 4th Addition (85126), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and WHEREAS, the developer has requested a reduction of the development bond to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the bonding requirements are reduced as follows: Street Construction $ 58,976 $ -0- Sanitary Sewer 89,651 -0- Watermain 40,274 -0- Storm Sewer 12,430 -0- Boulevard and Drainage Swale Sod 7,200 1,200 Pond or Ditch Construction -0- -0- Street Signs 450 -0- Site Grading and Drainage Improvements 61,500 -0- Park and Trail Improvements -0- -0- Design, Administration, Inspection, As-Builts 32,458 144 TOTAL 302,939 $ 1,344 That the letter of credit required for the above items be reduced as detailed above from $3,360 to $1,344 to reflect the completed work. Resolution No. 89 - Page Two FURTIIFR RF TT RFSOLVFT) that the bonding requirements for the following items per Section 8.1 of the approved development contract be reduced as follows: ITEM Maintenance of Erosion and Sediment Control Plan Street Sweeping and Storm Sewer Cleaning Cash: Letter of Credit: ORIGINAL AMOUNT NEW AMOUNT 1,000 $1,000 33,800 $5,600 The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1989. The following members were present: The following members were absent: 7 CXX adoption: LXX meeting of the City Council of day of , introduced the following Resolution and moved its RESOLUTION NO. 89 - REDUCING DEVELOPMENT BOND ARMSTRONG RIDGE ADDITION (80011) WHEREAS, in accordance with the development contract dated July 19, 1982, Ridge Development, developer of Armstrong Ridge Addition (80011), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and WHEREAS, the developer has requested a reduction of the development bond to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the bonding requirements are reduced as follows: ITEM Street Construction Sanitary Sewer Watermain Storm Sewer Boulevard and Drainage Swale Sod Pond or Ditch Construction Street Signs (Pd. per Tom Vetsch) Street Sweeping and Storm Sewer Cleaning Maintenance of Erosion and Sediment Control Plan Site Grading and Drainage Improvements Park and Trail Improvements Design, Administration, Inspection, As-Builts TOTAL ORIGINAL AMOUNT NEW AMOUNT 43,155 0- 15,328 0- 25,550 0- 15,260 0- 3,200 0- 0- 0- 300 0- 1,500 0- 500 -0- 50,000 -0- 0- -0- 18.575 -0_ 173,368 $ -0- That the letter of credit required be reduced from $4,480 to $0 (zero) to reflect the completed work. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. MEMO II CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: December 27, 1988 For City Council Meeting of January 3, 1989 TO: James G. Willis, City Manager Through Fred G. Moore, Director of Public Works FROM: Chester J. Harrison, Jr., City Engineer SUBJECT: ESTABLISH PUBLIC IMPROVEMENT HEARING DATES CITY PROJECT NO. 801 - 1989 STREET RECONSTRUCTION PROGRAM CITY PROJECT NO. 912 - HARBOR LANE, NORTH OF GLEASON LAKE DRIVE ACTION REQUESTED: Approve attached resolutions calling for hearing on improvements. BACKGROUND: The City Council has previously established that 1989 will be the first year of the City's Pavement Management Program. The Assessment Committee has recommended that 30% of the annual program cost be assessed to the benefiting properties. City Project No. 912 - Harbor Lane, is recommended to be included as part of the 1989 Pavement Management Program. RECOMMENDATIONS AND CONCLUSIONS: I hereby recommend that the City Council adopt the attached resolutions setting February 6, 1989, as the public hearing date for the above projects. Chester J. Harrison, Jr., P.E. CJH:dkc:kh attachments: Resolutions 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 1989. The following members were present: , The following members were absent: C )C )C its adoption: XXX introduced the following Resolution and moved RESOLUTION NO. 89 - CALLING FOR HEARING ON IMPROVEMENTS CITY PROJECT NO. 801 1989 STREET RECONSTRUCTION PROGRAM WHEREAS, pursuant to resolution of the Council adopted October 5, 1987, a report has been prepared by Short, Elliott, Hendrickson, Inc. with respect to certain streets in the southwest quadrant of the city. WHEREAS, the proposed project includes the reconstruction of streets by the installation of bituminous pavement, concrete curb and gutter, and all necessary appurtenances; and WHEREAS, said report was received by the Council on January 11, 1988; and WHEREAS, the City Council directed that the Assessment Committee make a recommendation for proposed assessments and the Committee has made a recommendation. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The Council will consider the improvements of such project in accordance with the report and the assessment of abutting and adjacent property within the designated 1989 Street Reconstruction Program area for a portion of the cost of the improvement pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Law of 1953, Chapter 398 as amended) at an estimated total cost of the improvement of $1,699,391. 2. A hearing shall be held on such proposed improvement on the 6th day of February, 1989, in the City Council Chambers of the Plymouth City Center, 3400 Plymouth Boulevard, Plymouth, Minnesota at 7:30 p.m. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. X)CX XXX XiCX CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1989. The following members were present: _ The following members were absent: XXX adoption: YXX meeting of the City Council of day of , introduced the following Resolution and moved its RESOLUTION NO. 89 - CALLING FOR HEARING ON IMPROVEMENTS HARBOR LANE - NORTH OF GLEASON LAKE DRIVE CITY PROJECT NO. 912 WHEREAS, pursuant to resolution of the Council adopted November 21, 1988, a report has been prepared by Bonestroo, Rosene, Anderlik & Associates, Inc. with respect to street improvements on Harbor Lane, north of Gleason Lake Drive. WHEREAS, the proposed project includes the installation of a bituminous street with concrete curb and gutter, and all necessary appurtenances; and WHEREAS, said report was received by the Council on December 19, 1988. WHEREAS, the City Council directed that the Assessment Committee make a recommendation for proposed assessments and the Committee has made a recommendation. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; 1. The Council will consider the improvements of such project in accordance with the report and the assessment of abutting and adjacent property to Harbor Lane, north of Gleason Lake Drive and south of 7th Avenue North for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Law of 1953, Chapter 398 as amended) at an estimated total cost of the improvement of $223,028. 2. A public hearing shall be held on such proposed improvement on the 6th day of February 1989, in the Council Chambers of the City Hall at 3400 Plymouth Boulevard, Plymouth, Minnesota at 7:30 p.m. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. I rpt* 88-1323 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: December 13, 1988 TO: Fred G. Moore, Director of Public Works FROM: Chester J. Harrison, Jr., City Engineer ----- SUBJECT: PAVEMENT MANAGEMENT PROGRAM (PMP) CITY PROJECT NO. 801 Dan Campbell and I have evaluated the timetable to reconstruct the street., in the designated neighborhoods: o Set public hearing on January 3, 1989. o Send letter of neighborhood meeting and notice of hearing to residents by January 6 (one mailing). o Hold neighborhood meeting for Harbor Lane January 17, 1989, in the City Council Chambers at 7:00 p.m. o Hold neighborhood meeting for Areas 4 and 12 on January 24, 1989 in the Council Chambers at 7:00 p.m. o Hold neighborhood meeting for Area 6 and 9 on January 26, 1989, in the City Council Chambers at 7:00 p.m. o Hold public hearing for Harbor Lane and Areas 4, 6, 9 and 12 on February 6, 1989. Included in that Pavement Management Program is the Harbor Lant reconstruction proposal. This is planned to be added because of the development of Harbor Place immediately East of Harbor Lane. That neighborhood meeting will be held on January 17. We are recommending that Harbor Lane be included in the Pavement Management Program because of the fact that 50% of the cost to construct that roadway will be assessed tc Harbor Place Development, 30% of the cost of the west half of the roadwa3 will be assessed to the benefited properties and the remaining 20% of the overall cost will be the responsibility of the City. I am proposing that the mailing that will be sent in January will includc both the letter notifying the people of a public information meeting to bE held and also attached to that letter will be a notice of the public hearing held approximately three to four weeks later. CJH:kh cc: Daniel C. Campbell 0 410 MEMO fg_1: CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: December 29, 1988 For City Council Meeting of January 3, 1989 TO: James G. Willis, City Manager FROM : Fred G. Moore, Director of Public Works SUBJECT: CHANGE ORDER NO. 1 WELL NO. 10 PUMPING FACILITY CITY PROJECT NO. 814 ACTION REQUESTED: Adopt the attached resolution approving Change Order No. 1 increasing the contract by $2,610 for the Well No. 10 Pumping Facility. BACKGROUND: Attached is a letter from the consulting engineer recommending that additional stage or pumping capacity be added to Well No. 10. The consultant's letter explains the reason for the recommended change order. RECOMMENDATIONS AND CONCLUSIONS: I concur with the consulting engineer's recommendation that Change Order No. 1 be approved, adding additional pumping capacity for Well No. 10. Fred G. Moore, P.E. FGM:kh attachments: Resolution Change Order Letter CITY OF PLYMOUTH Pursuant to due ca]]. and notice thereof, a the City of Plymouth, Minnesota was held on the 1989. The following members were present: _ The following members were absent: adoption: meeting of the City Council of day of , introduced the following Resolution and moved its RESOLUTION NO. 89 - APPROVING CHANGE ORDER NO. 1 DEEP WELL NO. 10 PUMPING FACILITY CITY PROJECT NO. 814 WHEREAS, Change Order No. 1 has been prepared providing for the following: Add one additional bowl stage and ten feet of column and cable. AND WHEREAS, Change Order No. 1 for Deep Well No. 10 Pumping Facility, City Project No. 814 is recommended for approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that Change Order No. 1 for Deep Well No. 10 Pumping Facility, City Project No. 814 by adding $2,610 is recommended for approval Original Contract Amount $108,120.00 Previous Change Orders 0.00 THIS CHANGE ORDER NO. 1 - ADD 2.610.0 REVISED CONTRACT AMOUNT.......... $110,730.00 The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. I 0 v 1 Bones t roo Rosene Anderlik & Associates Engineers & Architects December 19, 1988 City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Attn: Mr. Fred G. Moore Director of Public Works Re: Pumping Facility No. 10 Plymouth, MN Project No. 814 File No. 70245 Dear Fred, Otto G. Bonestroo, P.E. Keith A Gordon, P.E. Robert W. Rosene, PE. Richard W. Foster, P.E. Joseph C. Anderlik, P.E. Donald C. Burgardt, P.E. Bradford A. Lemberg, P.E. Jerry A. Bourdon, PE. Richard E. Turner, P.E. Mark A. Hanson, PE. James C. Olson, P.E. Ted K. Field, P.E. Glenn R. Cook, P.E. Michael T Rautmann, RE Thomas E. Noyes, P.E. Robert R. Pfefferle, P.E. Robert G. Schunicht, PE. David O. Loskota, P.E. Marvin L. Sorvala, P.E. Thomas W. Peterson, P.E. Daniel J. Edgerton, P.E. Michael C. Lynch, P.E. Mark A. Seip, P.E. James R. Maland, P.E. Philip J. Caswell, P.E. Kenneth P Anderson, P.E. Mark D. Wallis, P.E. Keith A. Bachmann, P.E. Charles A. Erickson Mark R. Rolfs, P.E. Leo M. Pawelsky Robert C. Russek, A.I.A. Harlan M. Olson Thomas E. Angus, P.E. Susan M. Eberlin, C.P.A. Howard A. Sanford, P.E. Enclosed is Change Order No. 1 for review and approval. As stated on the change order, the pump conditions were assumed when the pumping facility was bid. After the well was test pumped, it was determined that influence from wells 8 and 9 was more than expected. By lowering the pump and furnishing an additional stage, production from Well 10 can be maximized. Yours very truly, BONESTR00, ROSENNEE, ANDERLIK & ASSOCIATES, INC. ichard W. Foster RWF:li Encl. 25 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 CHANGE ORDER DATE: December 14, 1988 PLACE: Plymouth, Minnesota FILE NO: 70249 PROJECT: Deep Well No. 10 Pumping Facilities PROJECT NO.: 814 CONTRACTOR: ABE Construction Co.2525 Nevada Ave. N., Golden Valley, HN 55427 CHANGE ORDER NO: 1 DESCRIPTION OF WORK: This project was bid prior to completion of the well to insure operation in spring 1989. -The actual pumping level in the well was lower than assumed for the project specifications. Therefore one addition bowl stage and 10 feet of column and cable is hereby added to thew ::. project for the following added amount. Bowl Stage including impeller,collet,shaft R' and bearing Z• Ten Feet of 10" column, coupling & cable i80 TOTAL CHANGE ORDER NO. 1 - ADD 2 610.00 Page 1. C070249 CHANGE ORDER DATE: December 14, 1988 PLACE: Plymouth, Minnesota FILE NO: 70249PROJECT: Deep Well No. 10 Pumping Facilities PROJECT NO.: 814 CONTRACTOR:' ABE Construction C0.2525 Nevada Ave. N., Golden Valley, MN 55427CHANGEORDERNO: 1 ORIGINAL CONTRACT AMOUNT PREVIOUS CHANGE ORDERS THUKG BAFGE`'ORDER NO. 1 - ADD kCT AMOUNT Approved -by: City of Plymouth, Minnesota ro,p Mayor s.. Clerk Date: " 108,120.00 0.00 2,610.00 110,730.00 Recommended for Approval by: BONESTR00, ROSENE, ANDERLIK & j/ ASSOCIATES, INC. By s, i f /-- Approved by: AS C NSTRUCTIO ANY By Page 2. Distribution 1 - City 2 - Contractor 1 - Engineer MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: December 29, 1988 For City Council Meeting of January 3, 1989 TO: James G. Willis, City Manager FROM Fred G. Moore, Director of Public Works SUBJECT: REQUEST FOR INCREASE IN ENGINEERING RATES BONESTR00, ROSENE, ANDERLIK AND ASSOCIATES, INC. ACTION REQUESTED: The City Council adopt the attached resolution approving revised hourly engineering rates for Bonestroo, Rosene, Anderlik and Associates, Inc. for 1989. BACKGROUND: Attached is a letter received from Bonestroo, Rosene, Anderlik and Associates, Inc. requesting a revision in their hourly rate schedule which is part of the agreement for engineering services. The existing rates were established effective January 1, 1988. I have indicated on the proposed rate schedule the existing rates and the percentage increase for each classification. As stated in their letter, the rate increase is approximately 5%. RECOMMENDATIONS AND CONCLUSIONS: Attached is a resolution for City Council consideration which would approve the new 1989 rate schedule which would be effective January 1, 1989. As directed by the City Council, I have requested that a representative of the consulting engineering firm be in attendance at the City Council meeting when this rate increase will be considered by the Council. iL rte. !/ ' r. .- Fred G. Moore, P.E. FGM:kh attachments: Resolution Letter CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1989. The following members were present: _ The following members were absent: C )C )f X )f )f adoption: meeting of the City Council of day of , C ACX introduced the following Resolution and moved its RESOLUTION NO. 89 - AMENDING ENGINEERING SERVICES AGREEMENT BONESTR00, ROSENE, ANDERLIK AND ASSOCIATES, INC. WHEREAS, The City of Plymouth on September 3, 1973 by Resolution No. 73-759 entered into an Engineering Services Agreement with Bonestroo, Rosene, Anderlik and Associates, Inc.; and WHEREAS, the engineer has requested that Schedule B establishing hourly rates for professional services be revised; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the Engineering Services Agreement entered into between the City of Plymouth and Bonestroo, Rosene, Anderlik and Associates, Inc. September 4, 1973 be and the same as hereby amended to incorporate the new Schedule B, 1989 Rate Schedule as follows: Principal Engineer Registered Engineer Graduate Engineer Senior Draft Person Senior Technician Technician Word Processor Clerical Reproduction, Printing, Duplicating 57.00 51.00 41.00 37.75 34.75 25.00 25.25 19.50 At Invoice Cost Out -of -Pocket expenses such as meals, lodging, stakes, telephone calls, etc. At actual cost Mileage $0.24/mile FURTHER, said new schedule to be effective January 1, 1989. 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. C X )C xxif Bonestroo MEW Rosene Anderlik & Associates Engineers & Architects December 13, 1988 Otto G. Bonestroo, P.E. Robert W. Rosene, P.E. Joseph C. Anderlik, P.E. Bradford A. Lemberg, P.E. Richard E. Turner, PE. James C. Olson, P.E. Glenn R. Cook, P.E. Thomas E. Noyes, P.E. Robert G. Schunicht, P.E. Marvin L. Sorvala, P.E. Honorable Mayor and City Council City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Attn: Mr. James Willis Re: 1989 Rates Honorable Mayor and Council: Keith A. Gordon, P.E. Thomas W. Peterson, P.E. Daniel J. Edgerton, P.E. Richard W. Foster, P.E. Michael C. Lynch, P.E. Mark A. Seip, P.E. Donald C. Burgardt,-RE. James R. Maland, P.E. Philip J. Caswell, P.E. Jerry A. Bourdon, P.E. Kenneth P. Anderson, P.E. Mark D. Wallis, P.E. Mark A. Hanson, P.E. Keith A. Bachmann, P.E. Charles A. Erickson Ted K. Field, P.E. Mark R. Rolfs, P.E. Leo M. Pawelsky Michael T Rautmann, PE. Robert C. Russek, A.I.A. Harlan M. Olson Robert R. Pfefferle, P.E. Thomas E. Angus, P.E. Susan M. Eberlin, C.P.A. David O. Loskota, P.E. Howard A. Sanford, P.E. Transmitted herewith are revised hourly Engineering Rates which are to be effective January 1, 1989. We have limited the increase in our rates to less than 5.0 percent. We have appreciated our relationship with the City of Plymouth and we are all looking forward to serving you in 1989. If you have further questions on the enclosed rate schedule, please call. Yours very truly, BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, INC. Otto G. Bonestroo OGB:li Encl. 26 2335 West Highway 36 9 St. Paul, Minnesota 55113 • 612-636-4600 1989 Reimbursable Expenses Reproduction, Printing, Duplicating Out -of -Pocket Expenses such as stakes, telephone calls, etc. Mileage PAN A+ I.Ce:eC c.e- s+ At Invoice Cost A+ Ae+,,•1 ce's+- At Actual Cost 4 0.'2 I•-At $ 0.24/mile 17. 1„cre-4c S•4 14. 3 7. Cvr•c•+ R egvcb ed 1ISS 1a18`t CLASSIFICATION 140vV r Ralf- HOURLY RATE Principal Engineer S Sy•So 57.00 Registered Engineer/Architect W9.o0 51.00 Graduate Engineer/Architect/Field Supervisor 39.2 S 41.00 Senior Draftsperson 3 6.00 37.75 Senior Technician 33.00 34.75 Technician 24.00 25.00 Word Processor 2 4•74T 25.25 Clerical 8.5'0 19.50 Reimbursable Expenses Reproduction, Printing, Duplicating Out -of -Pocket Expenses such as stakes, telephone calls, etc. Mileage PAN A+ I.Ce:eC c.e- s+ At Invoice Cost A+ Ae+,,•1 ce's+- At Actual Cost 4 0.'2 I•-At $ 0.24/mile 17. 1„cre-4c S•4 14. 3 7. lb MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MTNNFSOTA 55447 DATE: December 29, 1988 For City Council Meeting of January 3, 1989 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: ORDINANCE ON SURFACE WATER SURCHARGE ACTION REQUESTED: It is recommended that the City Council adopt the attached ordinance establishing procedures for a sanitary sewer system surcharge for properties which discharge surface water to the sanitary sewer system. BACKGROUND: On November 21, 1988 the City Council received our final report on our program to have sump -pumps disconnected from the sanitary sewer system in the Amber Woods/Hughes Johnson Additions. That report concluded with the recommendation that for the property owners which did not comply, that a surcharge be established on their sanitary sewer bill in order that they pay additional treatment costs for the water they are discharging to the sanitary sewer. Attached is a proposed ordinance which has been drafted by the City Attorney. The ordinance provides for a surcharge to the sanitary sewer bill after written notification to the property owner. There is also a provision where the property owner has the right to make an appeal to the City Council before any surcharge is started. The ordinance is drafted such that the amount of the surcharge could vary in differing parts of the City. In order to establish the amount of the surcharge, we would prepare a report to the City Manager similar to that done for the Amber Woods/Hughes Johnson Area. Based upon the flow for this area and our current sanitary sewage treatment cost, the rate would be $66 per month. RECOMMENDATIONS AND CONCLUSIONS: It is recommended that the City Council adopt the attached ordinance establishing a provision in the code for a surcharge for surface water deposited in the sanitary sewer system. We would begin the notification process so that the property owners which have not yet complied can change their sump -pump discharge. If they do not do this, we would be through the notification and appeal process before April 15 in order that the surcharge would be in place when we can expect higher flows because of snow -melt and rains. Fred G. Moore, P.E. FGM:kh attachment: Resolution Proposed Ordinance Ordinance No. 88 - AN ORDINANCE RELATING TO PUBLIC HEALTH AND WELFARE; AMENDING SECTION 715.01 OF THE PLYMOUTH CITY CODE AND ADDING A NEW SUBSECTION TO SECTION 715 OF THE CODE. THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS: Section 1. Plymouth City Code, Subsection 715.01, subdivi- sion 2, is amended by adding a new clause to read: c) "Surface water" means storm water, ground water, roof runoff water, or subsurface drainage water. Sec. 2. Plymouth City Code, Section 715, is amended by adding a new subsection to read: Section 715.13. Surface Water Surcharge. Subdivision 1. Recitals. The City Council finds that the unauthorized discharge of surface water into the sanitary sewer system causes a financial burden on the operation of the system. Such discharge creates higher peak flows, which can result in backups of the sanitary sewer system. Such discharge also causes increased operation and maintenance costs and requires increased capital expenditure because of the need to construct larger sewer treatment facilities to accommodate the increased water. Users of the sanitary sewer service who discharge surface water into the sanitary sewer system should bear the additional costs resulting from that discharge. Subd. 2. Establishment of Surface Water Sur- charge. For the purpose of recovering the in- creased cost to the City caused by the discharge of surface water into the sanitary sewer system, there is established, in addition to the sewer charges set forth in this section, a surface water surcharge. Subd. 3 Procedure for Establishinq Surcharqe. Prior to a surface water surcharge being imposed on a user, the City Manager shall determine whether the user is discharging surface water into the sanitary sewer system. If the City Manager finds that a user is discharging surface water into the sanitary sewer system, the City Manager shall notify the user by mail of the City's intent to impose the surcharge. The notice shall inform the user of the amount of the proposed surcharge. Within 14 days after the mailing of the notice, the user may request, in writing, an inspection of the property by the City. Upon receipt of the request, the City Manager shall have the property inspected to determine if surface water is being discharged into the sanitary sewer system. If (i) the inspection reveals that no surface water is being discharged into the sanitary sewer system and (ii) the user signs a written statement stating that the user will not change, alter, modify or reconfigure the property in such a way as to discharge surface water into the sanitary sewer system, no surcharge will be imposed. Subd. 4. Right of Appeal. After the inspection has been completed, the City Manager shall notify the user in writing of the decision on whether to impose the surcharge. Within ten days after the mailing of the notice, a user may file a written objection with the City Manager and request an appeal to the City Council. The failure to file such an appeal is a waiver of the right of appeal. The surface water surcharge may not be imposed on the user until the City Council has acted on the appeal. Subd. 5. Subsequent Inspections. After the surface water surcharge has been imposed, a user may request an inspection of the property by the City. Upon receipt of the request, the City Manager shall have the property inspected to determine if surface water is being discharged into the sanitary sewer system. If (i) the inspection reveals that no surface water is being discharged into the sanitary sewer system and (ii) the user signs a written statement stating that the user will not change, alter, modify or recon- figure the property in such a way as to discharge surface water into the sanitary sewer system the surcharge will be cancelled as of a date specified by the Manager. Subd. 6. Establishment of Formula. The amount of the surcharge is determined by the City Manager and is be based on the amount of the increased sewage treatment cost to the City caused by the discharge of surface water into the sanitary sewer system. Subd. 7. Billing. A surcharge imposed under this section is included in the billing for service charges for the month in which it is imposed and succeeding monthly bills until the surcharge is cancelled. Sec. 3. This ordinance is effective on the date of its publication in accordance with Subsection 110.11. Attest: Clerk 00660803.134 3 Mayor Lt'Fe erc Let7c.. Qgi 1V h, I,'i0 s O' B-icn K• D ra z DEC 1988 ll .. a Professional Association t 2000 First Bank Place West December 9, 1988 Minneapolis Minnesota 55402 Telephone (612) 333-0543 Telecopier (612) 333-0540 J. Dennis O'Brien John E. Drawz David J. Kennedy Joseph E. Hamilton John B. Dean Glenn E. Purdue Richard J. Schieffer Charles L. LeFevere James J. Thomson, Jr. Thomas R. Galt Steven B. Schmidt John G. Kressel James M. Strommen Ronald H. Batty William P. Jordan William R. Skallerud Corrine A. Heine David D. Beaudoin Steven M. Tallen Mary Frances Skala Leslie M. Altman Timothy J. Pawlenty Rolf A. Sponheim Julie A. Bergh Darcy L. Hitesman David C. Roland Karen A. Chamerlik Paul D. Baertschi Arden Fritz Clayton L. LeFevere, Retired Herbert P. Lefler, Retired Mr. Fred Moore City of Plymouth 3400 Plymouth Boulevard Plynouth, MN 55447 Re: Ordinance Amendment Relating to Surface Water Surcharge Dear Fred: Enclosed is a draft ordinance amendment pertaining to the creation of a surface water surcharge. When you review the ordinance, you might want to pay particular attention to the following items: 1. Does the definition of "surface water" include all the types of storm water that the City is concerned about? 2. I have included a right of appeal to the City Council to avoid any due process violations. The appellate rights only apply in situations where the property owner has asked for an inspection and the City Manager has decided to impose the surcharge. I suspect that the situations where the appellate process will apply will be minimal. The ordinance is only in draft form so to suggest any changes that you feel are a copy of this letter, I am asking Jim likewise. Sincerely yours, LeFEVERE, LEFLER, KENNEDY, O'BRIEN & DRAWZ Ja es J. Thomson, Jr. 0066LT07.I34 Enclosure cc: James Willis Chet Harrison please feel free appropriate. By and Chet to do El A MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: December 27, 1988 For City Council Meeting of January 3, 1989 TO: James G. Willis, City Manager Through Fred G. Moore, Director of Public Works FROM: Chester J. Harrison, Jr., City Engineer SUBJECT: CHANGE ORDER NO. 1 FIRE STATION III CITY PROJECT NO. 615 ACTION REQUESTED: The City Council approved the attached change order reducing the project cost by $44,175. BACKGROUND: As a part of the approval process for the construction of this building, the City submitted the plans to the State of Minnesota Building Commission for their review and approval. During their review, they found it necessary to make changes to the building plans to include some changes to the front foyer area located on the northeast corner of the building and a wall addition located in the basement area of the building. We are presently negotiating those change orders with the contractor, but do not have the completed change order available at this time. However, in the near future this change order, adding these additional features, will be presented to the City Council. After the architect reviewed these changes, he went back and looked more closely at the design of the building and concluded that a change in the framing for the banded windows around the building could potentially reduce the cost of the construction of the building substantially. This Change Order No. 1 represents those deducts in cost for the changing of the window treatment. Originally, the windows tended to appear as a band around the building. The windows now to be installed, will represent more of a casement type window. The architect does not feel that this redesign will have an overall negative impact on the aesthetics of the building once installed. Another change order to be considered in the future involves the building permit process. The approval of the building permit to construct the building took longer than originally anticipated (approximately 30 days). This included the additional time needed for the State of Minnesota to review the building plans as submitted by the City. The contractor intends to request extra cost and time to complete the project due to the later than anticipated starting date. The expenses are due to the fact that more of the foundation and framing had to be constructed during winter construction, rather than fall construction as originally anticipated. SUBJECT: CHANGE ORDER NO. 1 FIRE STATION III December 27, 1988 Page Two Negotiations are continuing between the City, the architect and the contractor to resolve these additional costs and time extension. Once a tentative agreement has been reached between all parties, a change, order will be presented to the City Council for their consideration, and if appropriate, approval. It should also be added that the City Building Department has met with the State Building Department to negotiate some of the additional change orders requested by the State of Minnesota. This negotiation has been successful in reducing of the additional features ordered by the State. We believe these items were not necessary to provide a safe and well constructed building. RECOMMENDATIONS AND CONCLUSIONS: Based on the need to reduce the overall cost of the buildings for the additions required by the State of Minnesota, I recommend that the City Council approve of the attached change order. Chester J. Hagison, Jr., P.E. CJH:kh attachments: Resolution Change Order CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1989. The following members were present: _ The following members were absent: C ACX adoption: YxX meeting of the City Council of day of , introduced the following Resolution and moved its RESOLUTION NO. 89 - APPROVING CHANGE ORDER NO. 1 FIRE STATION NO. 3 CITY PROJECT NO. 615 WHEREAS, Change Order No. 1 has been prepared providing for the following: Modifies the base bid glazing system from a butt glazed system with heat strengthened glass to a more standard system of vertical and horizontal mullions with standard annealed glass. AND WHEREAS, Change Order No. 1 for Fire Station No. 3, City Project No. 615 is recommended for approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that Change Order No. 1 for Fire Station No. 3, City Project No. 615, by deducting $44,175, is approval Original Contract Amount $1,356,400.00 Previous Change Orders 0.00 THIS CHANGE ORDER NO. 1 - DEDUCT 44,175.00 REVISED CONTRACT AMOUNT.......... $1,312225.00 The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. TO (Contractor): ARCHITECF'S PROJECT NO: luo-i.3 Terwisscha Construction, RR 2 East Willmar Avenue CONTRACT FOR: Complete Construction Willmar, MN 56201 LCONTRACT DATE: Julv 20, 1988 You are directed to mike the following changes in this Contract: A. Make the following changes to the aluminum framing and glazing system to be used on this project: 1.Kawner's SM300T will be used on W-5, 6, 7, 17, 18, 20, 21, 21A, and 22 2. Kawneer's SM400T will be used on 14-8, 9, 10, 11, 13, 14, and 15. 3. Narrow stile doors. 4. Clear anodized treatment of aluminum framing, in lieu of black anodized. Delete W16 and door 101B 5. Delete W-1, 2, 3, and 4. 6. Delete heat strengthened glass. 7. Delete horizontal at the exterior windows. 8. Delete vertical butt glazing. 9. Door count is now five. 101A, delete 101B interior, 119B, 119C, and 118C to remain and add door 115A. arch requested) Total Deduct o -(46,500.00) Cyt' Ail y,1 7.5: Not valid until signed by bath the Owncr and Architet I. sign.ilurt. of the Contra( Io[ incli('aws his af;nrnu•nl hercwilh, inclu(Iin3; .uty .I(Iio,lnt('nl in the Conlrac'I Sum or Contract l inx•. The original (Contract Sum) (ZXX )M)d)MXa?i=XX1XK!XVoVas ........................... $ 1, 356, 400.00 Net change by previously authorized Change Orclers................................... $ 0.00 The (Contract Sum) (Guaranteed Maximum Cost) prior Io this Change Order was .......... $ 1,356,400.00 The (Conlracl Sunt) (QTt=XXH0tRX407tbC=)4XXX0 will be I4t{dMXMA) (decreased) (IXrXuuUK&X%1 rJ_ by this Change Order .................................................... $L4 )(46' 500 0th The new (Conlracl Sum) (Guarantee(I Maxinrtntt Cost) inClu(lint; this Change Order will be $ 0 The Contract Time will be (increasecl) (decrease(l) (unchanged) by / zZ12122 The Date Of Substantial Completion as of Ihc (laic of This Change Order Ihcrefore is yew Ur Authorized: Rnarman and Aq--nciates. IncTersischa Construction City of Plvmouth AfZIddll fdrth First Street c.e I RSC' 'dst Willmar Aven 9$ M:KPlymouth Blvd A(Iclress Minneapolis, MN 55401 13Y DAT[k / In- lv ,- A(Iclress Willmar, MN 56201 BY DATE: Acl(lress Plvmouth, MN 55447 BY DAT[ AIA DOCUMENT G701 CHANGE ORDER AI'hll '1978 CDITIoN AIA" * 0 1471{ THE AMCRICAN INSIITUTI. or ARCH11ECIS, 17.15, NC\N 1'(WK AVE.., N.N'.. WASIIIN(;l()N, O.C. 20006 6701 — 1978 Of CHANCE Distribution 10: ORDER OWNLR ARCHITECT Ain DOCUMENT 6701 CONTRACTOR FIELD OTHER PROJECT: Plvmouth Fire Station III CHANGE ORDER NUMBER: (1) one name, address) Project "A" Plymouth, Minnesota INITIATION DATE: October 13, 1988 TO (Contractor): ARCHITECF'S PROJECT NO: luo-i.3 Terwisscha Construction, RR 2 East Willmar Avenue CONTRACT FOR: Complete Construction Willmar, MN 56201 LCONTRACT DATE: Julv 20, 1988 You are directed to mike the following changes in this Contract: A. Make the following changes to the aluminum framing and glazing system to be used on this project: 1.Kawner's SM300T will be used on W-5, 6, 7, 17, 18, 20, 21, 21A, and 22 2. Kawneer's SM400T will be used on 14-8, 9, 10, 11, 13, 14, and 15. 3. Narrow stile doors. 4. Clear anodized treatment of aluminum framing, in lieu of black anodized. Delete W16 and door 101B 5. Delete W-1, 2, 3, and 4. 6. Delete heat strengthened glass. 7. Delete horizontal at the exterior windows. 8. Delete vertical butt glazing. 9. Door count is now five. 101A, delete 101B interior, 119B, 119C, and 118C to remain and add door 115A. arch requested) Total Deduct o -(46,500.00) Cyt' Ail y,1 7.5: Not valid until signed by bath the Owncr and Architet I. sign.ilurt. of the Contra( Io[ incli('aws his af;nrnu•nl hercwilh, inclu(Iin3; .uty .I(Iio,lnt('nl in the Conlrac'I Sum or Contract l inx•. The original (Contract Sum) (ZXX )M)d)MXa?i=XX1XK!XVoVas ........................... $ 1, 356, 400.00 Net change by previously authorized Change Orclers................................... $ 0.00 The (Contract Sum) (Guaranteed Maximum Cost) prior Io this Change Order was .......... $ 1,356,400.00 The (Conlracl Sunt) (QTt=XXH0tRX407tbC=)4XXX0 will be I4t{dMXMA) (decreased) (IXrXuuUK&X%1 rJ_ by this Change Order .................................................... $L4 )(46' 500 0th The new (Conlracl Sum) (Guarantee(I Maxinrtntt Cost) inClu(lint; this Change Order will be $ 0 The Contract Time will be (increasecl) (decrease(l) (unchanged) by / zZ12122 The Date Of Substantial Completion as of Ihc (laic of This Change Order Ihcrefore is yew Ur Authorized: Rnarman and Aq--nciates. IncTersischa Construction City of Plvmouth AfZIddll fdrth First Street c.e I RSC' 'dst Willmar Aven 9$ M:KPlymouth Blvd A(Iclress Minneapolis, MN 55401 13Y DAT[k / In- lv ,- A(Iclress Willmar, MN 56201 BY DATE: Acl(lress Plvmouth, MN 55447 BY DAT[ AIA DOCUMENT G701 CHANGE ORDER AI'hll '1978 CDITIoN AIA" * 0 1471{ THE AMCRICAN INSIITUTI. or ARCH11ECIS, 17.15, NC\N 1'(WK AVE.., N.N'.. WASIIIN(;l()N, O.C. 20006 6701 — 1978 BOARIM AN & ASSOCIATES . A R C H1 7 F C? A R E NG I n E E R n G 0. i MEMORANDUM TO: CHET HARRISION - CITY OF PLYMOUTH FROM: PAUL MICKELBERG - BOARMAN & ASSOCIATES, INC. DATE: DECEMBER 28, 1988 RE: CHANGE ORDER #1 MODIFICATIONS TO THE GLAZING SYSTEM Change Order #1 modifies the base bid glazing system from a butt glazed system (no vertical mullions) with heat strengthened glass to a more standard system of vertical and horizontal mullions with standard annealed glass. This change represents a savings of $44,175.00 to the Owner without any significant performance differences between the two systems in terms of "R" value, wind load, etc. Once the actual cost data for the base bid window system was available following the bids, it was evident that the aesthetics of the initial system did not justify the added expense. The following is a description of the base bid aluminum window system and the modifications to it per Change Order #1. If you have any questions or need more information please call us. Changes to window system, Plymouth Fire Station #3: BASE BID SYSTEM: Aluminum Window Frames: a) 6" wide thermally insulated frames, clear anodized finish. b) Two intermediate horizontal mullions at each window. C) Vertical butt glass joints with structural silicone sealant. Glass and Glazing: a) 1" Thermal pane glass, tinted solar grey. b) Heat strengthened glass as required for all vertical structural silicone joints. C) Tempered glass as required by code at door locations. 206 NORTH FIRST STREET MINNEAPOLIS, MINNESOTA 55401 612-339-3752 CHANGES TO SYSTEM BY CHANGE ORDER #1: Aluminum Window Frames: a) 4-1/2" and 3-1/2" wide thermally insulated frames in lieu of 6" wide frames. b) Delete the two intermediate horizontal mullions at each window. C) Provide standard vertical frames with aluminum covers in lieu of vertical butt joints with structural silicone. Glass and Glazing: a) Provide standard annealed glass instead of heat strengthened glass. Heat strengthened glass is not required for this window system. The glass is still a 1" thermal pane unit tinted solar grey with tempered glass at door locations as required. cc: Dick Cadquist, City of Plymouth Lyle Robinson, City of Plymouth fc: DK/PM/JR/JRO/MM/JB/File MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: December 27, 1988 For City Council Meeting of January 3, 1989 TO: James G. Willis, City Manager Through Fred G. Moore, Director of Public Works FROM : Chester J. Harrison, Jr., City Engineer SUBJECT: ADOPTING ASSESSMENTS FERNBROOK MANOR CITY PROJECT NO. 902 ACTION REQUESTED: Approve the attached resolution adopting assessments. BACKGROUND: Final Plat approval was given to Fernbrook Manor on October 17, 1988. At that time, sanitary sewer and water area assessments were also adopted in the amount $108,630. This amount should have been 67,603.30. This is due to the fact that the difference of $41,026.70 was adopted under Levy No. 11129, City Project No. 544, Fernbrook Lane. RECOMMENDATIONS AND CONCLUSIONS: I recommend that the attached resolution adopting sanitary sewer and water area assessments be approved. Chester J. rison, CJH:dkc: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 , 1989. The following members were present: The following members were absent: XXX adoption: introduced the following Resolution and moved its RESOLUTION NO. 89 - ADOPTING ASSESSMENTS PROJECT NO 902 SANITARY SEWER AND WATERMAIN AREA - FERNBROOK MANOR I WHEREAS, in conformance with the development contract, we have received a Waiver of Assessment Hearing from the property owner of Fernbrook Manor waiving their right to special assessment hearings covering the installation of sanitary sewer and 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 1990, 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, 1990. 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 $67,603.30. FURTHER, BE IT RESOLVED that Resolution No. 88-690 adopted Oct. 17, 1988 is repealed. 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. f X)f XXX W DATE TO FROM: OF- PLYMOUTH 3400 PLYMOUTH BLVD.. PLYMOUTH. MINNESOTA 5544 TELEPHONE (612) 559-2800 MEMS} December 28, 1988 James G. Willis, City Manager Laurie Rauenhorst, City Clerk SUBJECT ANNUAL APPOINTMENTS s ACTION REQUESTED: Annually the City Council makes various appointments at the first meeting of the year. This memorandum describes each appointment and resolutions are attached for Council consideration. 1. Appointment of Deputy Mayor for 1989. The City Code requires that the Council choose a deputy mayor from one of its members at the first regular meeting of each year. 2. Designation of the Official Newspaper for 1989. Attached are quotations from the Post and Weekly News for legal advertising rates. If the Council votes to retain the Post as the official newspaper, no effective date will be necessary. However, if another newspaper is designated for 1989, an effective date of January 27 should be established so that there will be no confusion during the transition as to which newspaper ads should be published in. 3. Designation of Official Depositories for City Funds. The attached resolution reflects the staff's recommendation for designation of official depositories in accordance with previous Council policy directives. 4. Ratification of Surety and Blanket Bonds for Employees. State Statute requires the City to provide surety and blanket bonds for various employees. The attached resolution officially renews the bonds in accordance with State law and previous Council policy. 5. Appointment of Health Officer. While the services of the City Health Officer are seldom used, certain provisions of the Code provide that prior to taking action on certain health or environmental related matters, it is necessary for the Health Officer to conduct an investigation. We are charged only for services rendered. The attached resolution again appoints Dr. Doug Lowin of the St. Louis Park Medical Center as the Health Officer for 1989. a 6. Appointment of Council Coordinating Representatives. Annually Council Coordinating Representatives are appointed to various bodies. The Council should complete the attached resolution indicating which Councilmembers will serve in each capacity for 1989. 7. Appointments to Suburban Rate Authority. A resolution appointing a Director and Alternate Director to the Suburban Rate Authority for a one-year term is attached. S. Appointments to Elm Creek Water Conservation District. A resolution appointing a Director and Alternate Director to the Elm Creek Water Conservation District for a one-year term is attached. The Council should provide direction on the type of recruitment and interview/ selection process desired to fill the expired terms on various Boards and Commissions. Commissioners were asked, through a letter from Mayor Schneider, to respond by December 23 as to whether they wished to be considered by the Council for reappointment. Following is a list of those Commissioners with terms expiring January 31, 1989, along with the responses received. Commission/Name PLANNING COMMISSION: David L. Pauba John Wire Larry Marofsky Would like to be Considered for District Reappointment? District #4 No District #3 No response At Large Yes BOARD OF ZONING ADJUSTMENTS AND APPEALS: Kenneth W. Quass, Jr. Sandy Patterson Jay Naftzger PARK & RECREATION ADVISORY COMMISSION: John Reed At Large Richard Rosen At Large HOUSING AND REDEVELOPMENT AUTHORITY: Rod Hillstrom No response No response Yes - (Is also interested in Planning Comm. appointment) No Yes ME A letter was also sent to those Commissioners with unexpired terms requesting that they respond as to whether they are interested in serving the remainder of their terms. I have received no response from Olene Bigelow (BOZA), Carol Beach (PRAC), Barbara Edwards (PRAC), or Phyllis Hanson (PRAC). All other Commissioners have responded and are interested in serving the remainder of their terms. 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. 89 - APPOINTING DEPUTY MAYOR FOR 1989 WHEREAS, Chapter II, Section 200.03(3) of the City Code provides that the Council shall choose a Deputy Mayor from among the members of the Council at the first regular meeting of the year. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that Councilmember is hereby appointed to act as Deputy Mayor for the Plymouth City Council during the year 1989. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: The following members were absent: its adoption: introduced the following Resolution and moved RESOLUTION NO. 89 - DESIGNATING OFFICIAL NEWSPAPER FOR 1989 WHEREAS, Chapter II, Section 200.03(3) of the City Code provides that the Council shall designate the official newspaper for the City of Plymouth. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY OF PLYMOUTH, MINNESOTA, that is hereby designated as the official newspaper for the City of Plymouth for the year 1989, effective 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. 8801 BASS LAKE ROAD MINNEAPOLIS, MINN. 55428 612-537-8484 December 1, 1988 Dear Legal Advertiser: Effective January 1, 1989, we are increasing our legal advertising rates. Increases in production and delivery costs make this adjustment necessary to. continue the service and quality product you expect from Post Publications. The new _rate structure will be as follows: 1 column width 45 per line - first insertion 245 per line - subsequent insertions 2 column width 97 per line - first insertion 53 per line - subsequent insertions We will continue to provide, at no charge, two notarized affidavits on each of your publications. Additional affidavits, on request, will be furnished at $2.00 each. Also, we will be using new affidavits beginning the first of the year. All publications should reach this office by 2:00 p.m. on Friday, preceding our Thursday publications. However, we would appreciate receiving any large quantities of legals or any lengthy legals at an earlier time. In order to expedite our services to you, it is requested that you direct your publications to the attention of Audrey Broda, Leaals Department, 8801 Bass Lake Road, New Hope, MN 55428. We are pleased to serve you and we thank you on behalf of all of our readers. Sincerely, Walter Roach General Manager POST PUBLICATIONS WR/AB M'` 1 1 December 9, 1988 City Manager/Clerk/Finance Director Municipalities Covered by WEEKLY NEWS Re: Legal Notice Publication Costs for 1989 TO WHOM IT MAY CONCERN: Thank you for the opportunity to present our bid for publication of your city's legal notices for the calendar year Our costs for 1989, based on the minimum cost per classified advertising line in our publication, will be fifty cents (5W per line per insertion. There will be no extra charge for bold type or upper case lettering. Legal notices will be published in the complete 38,000 circulation of our newspaper on Thursday of the week(s) deemed appropriate by the city concerned. The STRICT DEADLINE for submission of such notices for publi- cation is MONDAY at 5 p.m. Affidavits of publitation along with our bill for publishing services will be mailed at the end of each month. Payment is due within 30 days of receipt of the invoice. Only one copy of each bill will be sent. If you have any questions regarding the above infor- mation, feel free to contact either Brigitte or Michael at the WEEKLY NEWS main offices in Wayzata, at 473-0890. Thank you again for your consideration. Sincerely,, Brigitte Kay Reuther Editor and Publisher WEEKLY NEWS, INC. Weekly News, Inc. Main Office: 240 S. Minnetonka Ave Wayzata, MN 55391 612/473-0890 Excelsior Office: 351 2nd Street Excelsior, MN 55331 612/474-6761 Wayzata Weekly News South Shore Weekly News Hopkins -Minnetonka Weekly News 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 1989. The following were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 89 - APPOINTING OFFICIAL DEPOSITORIES FOR CITY FUNDS FOR 1989 WHEREAS, State Statutes require that the City designate general depositories for City monies; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that First Bank Plymouth be designated as the official general depository for 1989 for the City of Plymouth's operating checking accounts; BE IT FURTHER RESOLVED that the following be designated as official depositories for the City's temporary investment program for 1989; the First Bank System, Twin City Federal Savings and Loan, Norwest Banks, the American National Bank of St. Paul, the Bank Wayzata, F & M Marquette National Banks, First National Bank of Wayzata and the Metro Bank Plymouth; BE IT FURTHER RESOLVED that investment counselors and institutions may be utilized during the 1989 year for the acquisition of commercial paper, banker's acceptances, and governmental securities; BE IT FURTER RESOLVED that the designation of the foregoing depositories are contingent upon receipt by the City of Plymouth of evidence of sufficient collateral in the amount and kinds as required by the State Statutes. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYPBDUr!H 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 1989. The following were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO.89- RATIFYING SURETY AND BLANKET BONDS FOR CITY EMPLOYEES FOR 1989 WHEREAS, surety bonds for certain City employees and a general bond covering all City employees are required for 1989; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYi, MINNESOTA, that surety bonds insuring the intregrity and honest performance of duties by the following named employees in the amounts set forth are hereby ratified and confirmed for the year 1989: City Manager $ 100,000 Finance Director 100,000 Assessor 50,000 City Clerk 50,000 General bond covering all City employees 50,000 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. Pursuant to due call and City Council of the City day of present: CITY OF PLYMOUTH notice thereof, a meeting of the of Plymouth, Minnesota, was held on the- 19 The following members were The following members were absent: its adoption: introduced the following Resolution and moved RESOLUTION NO. 89 - DESIGNATING CITY HEALTH OFFICER FOR 1989 WHEREAS, State Statute requires that a Health Officer for the City of Plymouth be appointed; NOW, THEREFDORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that Dr. Doug Lowin, 3007 Harbor Lane, Plymouth, be appointed to act as Health Officer for the City of Plymouth for 1989. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 89 - APPOINTING COUNCIL COORDINATING REPRESENTATIVES FOR 1989 School District #279 School District #281 School Districts #270 and 284 Park & Recreation Advisory Commission Planning Commission Board of Zoning Appeals and Adjustments The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 89 - DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY WHEREAS, the City has been requested to appoint a Director and Alternate Director to the Suburban Rate Authority for 1989; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that is hereby appointed as Director and as Alternate Director to the Suburban Rate Authority for a term expiring January 31, 1990. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 89 - DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO THE ELM CREEK WATER CONSERVATION DISTRICT WHEREAS, the City has been requested to appoint a Director and Alternate Director to the Elm Creek Water Conservation District for 1989; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that is hereby appointed as Director and as Alternate Director to the Elm Creek Water Conservation District for a term expiring January 31, 1990. The motion for the adoption of the foregoing Resolution was duly seconded by 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. the 1988 CITY COUNCIL APPOINTMENTS A. COUNCIL COORDINATING REPRESENTATIVES L 1. Independent School District No. 279 001, Virgil Schneider Annual 2. Independent School District No. 281 Bob Zitur Annual 3. Independent School Districts 270 and 284 Maria Vasiliou Annual 4. Park and Recreation Advisory Commission Jerry Sisk Annual 5. Planning Commission 100, Lloyd Ricker Annual 6. Board of Zoning Appeals and Adjustments Maria Vasiliou Annual B. AGENCIES AND BOARDS 1. Special Assessment Committee Continuing Jerry Sisk James G. Willis Lloyd Ricker Fred Moore 2. West Hennepin Human Services Planning Board Anita Vogel Gary Swedberg 1/89 3. Northwest Hennepin Human Services Council Linda Dieleman 12/31/88 Bob Zitur - Executive Committee 4. Sewer Service Area #1 Advisory Board Continuing Fred Moore 5. Northwest Suburbs Cable Communication Commission 2/1/90 Virgil Schneider (Council official) James G. Willis (Citizen) 6. Northwest Suburbs Community Access Corporation Helen LaFave Jim Willis 1/89 7. Minneapolis Police Recruitment System Dick Carlquist (Director) No Term Dennis Paulson (Alternate) City Council Appointments 1/88 Page Two 8. Suburban Rate Authority 12/31/88 Fred Moore Virgil Schneider - Alternate 9. Bassett Creek Water Management Commission 1/31/90 Fred Moore Sohn Sweeney - Alternate 10. Elm Creek Watershed Management Commission 1/31/89 Fred Moore Vern Peterson - Alternate 11. Shingle Creek Watershed Management Commission 1/31/90 Fred Moore Sohn Sweeney - Alternate 12. School District 284 Community Education Advisory Council Lynes Getten 7/1/91 Mary Patterson 7/1/90 13. School District 281 point Powers Agreement No Term Eric Blank 14. School District 284 point Powers Agreement No Term Maria Vasiliou Eric Blank 15. Lake Region Mutual Aid Association_ No Term Lyle Robinson 16. North Suburban Mutual Aid Association No Term Lyle Robinson 17. Fire Training Center point Powers Agreement No Term Lyle Robinson 18. League of Minnesota Cities Study Committees 12/31/89 Public Safety and Personnel - Frank Boyles Land Use, Energy, Environment and Transportation - Blair Tremere Revenue Sources - dames G. Willis 19. Municipal Legislative Commission Lloyd Ricker Jim Willis 20. Association of Metropolitan Municipalities Study Committees 12/31/89 General Legislation - Frank Boyles Transportation - Frank Boyles Housing - Blair Tremere Met Agencies - Municipal Revenue - dim Willis Solid Waste (with LMC) - Jerry Sisk, Dick Pouliot I City Council Appointments Page Three 21. Association of Metropolitan Municipalities Legislative Contact No Term Virgil Schneider Maria Vasiliou 22. Citizens Advisory Committee, French Regional Park No Term Bob Zitur 23. Wayzata/Plymouth Area Chemical Health Commission No Term Maria Vasiliou 24. Minnesota Hazardous Waste Management Board No Term Maria Vasiliou 25. Staff/Council Recycling Committee No Term Bob Zitur Dick Pouliot Helen LaFave Maria Vasiliou Fred Moore Frank Boyles 26. Urban Hennepin County Citizens' Advisory Committee 6-30-90 Bruce Schmidt CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: December 27, 1988 TO: Mayor & City Council FROM: James G. Willis, City Manager SUBJECT 1989 LOCAL BOARD OF REVIEW 1. SUMMARY: City Assessor Scott Hovet has been informed by Hennepin County that our Board of Review will have to be moved to either May 8 or 9, instead of May 22. This change is required because of recent changes in State Law requiring completion of the County's equalization responsibilities at an earlier date. Assuming the Council meets as a Board of Review on either May 8 or 9, we will also need to schedule a follow-up meeting, perhaps on May 22, the original date for the Board of Review, to complete the work of the Board. 2. ACTION REQUESTED: I recommend the Council set Monday, May 8 as the date for the City's Local Board of Review with the follow-up meeting to be scheduled for May 22. JW:kec MEMO 9 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: December 27, 1988 For City Council Meeting of January 3, 1989 TO: James G. Willis, City Manager Through Fred G. Moore, Director of Public Works FROM: Chester J. Harrison, Jr., City Engineer SUBJECT: PROJECT STATUS REPORT BACKGROUND: Enclosed are the status reports provided by various consultants performing engineering services in the City. 1. Public Improvement Project Payment Approvals from 11/28/88 to 1/3/89 2. Bones troo-Rosene-Ander1ik and Associates Inc. - Zachary Lane Water Treatment Facility and Other Project Status Updates. 3. Strgar-Roscoe-Fausch Inc. Proiect Status Report. 4. Fire Station III Proiect Construction Meetine 12/13/88. City staff is continuing to monitor the erosion control measures on all projects under construction within the city. We are continuing to take measures necessary to keep the roadways clear and the silt fences installed as required. Chester J. Harri;n, CJH:kh attachments: Status Reports Approved Payment List PUBLIC IMPROVEMENT PROJECTS APPROVE PAYMENTS FROM 11-28-88 TO 1-3-89 REPORT NO. 46 PAYMENT DATE NO. REC'D CONTRACTOR PROJECT 2 11/16/88 TerWisscha Const., Inc. Plymouth Fire Sta. #3 Prof. 615) 3 11/23/88 Enebak Const. Co. 4 12/7/88 Richard Knutson, Inc. 3 11/29/88 TerWisscha Const., Inc. T.H. 55 & Revere Ln Proj. 815) S.J. Groves Area II 10th Ave.) (Proj. 648) C.S.A.H. 6 & Bridge No. 27679 (Proj. 250) Plymouth Fire Sta. #3 Proj. 615) DATE OF APPROVAL AMOUNT 11/29/88 $92,182.00 11/28/88 210,283.87 11/8/88 362,182.37 12/1/88 $58,254.00 Bones t roo Rosene Anderlik & v Associates Engineers & Architects December 27, 1988 City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Otto G. Bonestroo, P.E. Robert W Rosene, P.E. Joseph C. Anderlik, P.E. Bradford A. Lemberg, P.E. Richard E. Turner, P.E. James C. Olson, P.E. Glenn R. Cook, P.E. Thomas E. Noyes, P.E. Robert G. Schunicht, P.E. Marvin L. Sorvala, P.E. Attn: Mr. Chester J. Harrison, Jr. City Engineer Re: Project Status Report File No. 70 Dear Chet, Keith A. Gordon, P.E. Thomas W. Peterson, P.E. Daniel J. Edgerton, P.E. Richard W. Foster, P.E. Michael C. Lynch, P.E. Mark A. Seip, P.E. Donald C. Burgardt, P.E. James R. Maland, P.E. Philip J. Caswell, P.E. Jerry A. Bourdon, P.E. Kenneth P. Anderson, P.E. Mark D. Wallis, P.E. Mark A. Hanson, P.E. Keith A. Bachmann, P.E. Charles A. Erickson Ted K. Field, P.E. Mark.R. Rolfs, P.E. Leo M. Pawelsky Michael T Rautmann, P.E. Robert C. Russek, A.I.A. Harlan M. Olson Robert R. Pfefferle, P.E. Thomas E. Angus, P.E. Susan M. Eberlin, C.P.A. David O. Loskota, P.E. Howard A. Sanford, P.E. The following status report has been prepared for all current B.R.A./City of Plymouth projects. PRELIMINARY REPORTS Plymouth Water Pressure Study: A water pressure study is completed and 2 draft copies of the report have been submitted to City Staff for review. Project 910 - Plymouth Creek Park Parking Lot Improvements: The report on parking lot improvements at Plymouth Creek Park is completed. Two draft copies of the report have been submitted to City Staff for review. Project 834 - Mooney Lake Sanitary Sewer Improvements: We are currently preparing a preliminary report to provide sanitary sewer ser- vice to an area south and east of Mooney Lake. This report is will be comple- ted during the first week in January. Project 905 - West Medicine Lake Drive Trunk Sewer and Water Main Improvements: We are beginning the study for the above improvements. The work is scheduled for completion by the middle of January, 1988. Project 906 - Hwy. 101 Water Tower and Trunk Water Main Improvements: A preliminary report for the above project has been authorized and is sched- uled for completion by the end of January, 1989. Page 1. 2335 West Highway 36 • St. Paul, Minnesota SS113 • 612-636-4600 Project 908 - 25th Avenue Trunk Water Main Improvements: A preliminary report for the above project has been authorized and is sched- uled for completion by the middle of February, 1989. Project 907 - Vicksburg Lane and Schmidt Lake Road Trunk Water Main Improve- ments: A preliminary report for the above project has been authorized and is sched- uled for completion by the end of February, 1989. Portable Standby Generator: In September, we completed a Preliminary Report for a portable standby genera- tor to be used at the City's wells and lift stations. This report was sub- mitted to City Staff for review. Project 909 - Wells 11 & 12: The report on Wells 11 & 12 was completed in November, has been reviewed by City Staff, and is ready for presentation to the City Council. Project 912 - Harbor Lane Storm Sewer and Street Improvements: This report has been completed, was presented at the December 19 City Council meeting, and is currently being reviewed by the City's Assessment Committee. PLANS AND SPECIFICATIONS Currently, none of the B.R.A./City of Plymouth projects are at the plans and specifications stage. ACTIVE CONSTRUCTION PROJECTS Project 814 - Well No. 10 Pumping Facilit.v - A.B.E. Construction. Inc.: This contract was awarded on October 24, 1988. The Contractor will be proceeding with shop drawing submittals throughout winter, but will not perform the excavation, concrete work, and site work until early spring, 1989. This contract is scheduled for completion by May 15, 1989. Project 431 - Zachary Lane W.T.F. - Shaw -Lundquist Assoc.: Shaw -Lundquist is proceeding with clean-up and punch -list items at the Zachary W.T.F. Aquatrol is proceeding with the electrical control work, which is re- quired at the Central W.T.F. Page 2. OTHER PROJECTS Project 814 - Well No. 10 - Bergerson-Caswell: The well drilling work is complete. Following receipt of test pumping re- ports, water quality reports, and other required documentation, this project will be closed out. Project 625 - Wells 8 & 9 - Newmech Companies: The Contractor has completed the remaining punchlist work this past month. Following receipt of the necessary documentation, this project will be closed out. Project 660/813 - Woodcreek/22nd Avenue - Northdale Constr.: To date, the Contractor has not completed the punchlist items for this project. 1988 Street Improvements - Bury & Carlson, Inc.: To date, the Contractor has not completed the punchlist items for this project. Project 011-001/630 - Bass Lake Plaza/Harrison Hills Utility Improvements - S.J. Louis: To date, the Contractor has not completed the pressure testing of the force main on this project. Yours very truly, BONESTROO, ROSENE, ANDERLIK, & ASSOCIATES, INC. Keith A. Bachmann cc: OGB RGS HMO JKI KAB Page 3. -- STRGAR-ROSCOE-FAUSCH, INC. CONSULTING ENGINEERS TRANSPORTATION CIVIL STRUCTURAL ENGINEERS LAND SURVEYORS File Nos. 0870858 -II 0870902 0880995 MEMORANDUM TO: Chet Harrison, P.E. City of Plymouth FROM: Tim Phenow, P. E. Glenn Schreiner, Rick Brown IC6 DATE: December 27, 1988 SUBJECT: CONSTRUCTION STATUS T.H. 55 AND REVERE LANE AREA - CITY PROJECT NO. 815 CONTRACTOR: ENEBAK CONSTRUCTION CO. Current construction status (work completed to date) is as follows: Grading (excluding surcharge area) 90% Grading (surcharge area) 95% Storm Sewer 95% Sanitary Sewer and Watermain 99% Class 5 Aggregate Base 60% Bituminous Paving 20% Landscape and Miscellaneous 5% Underground utility work in Revere Lane and the T.H. 55 North Frontage Road is substantially complete. The eastern portion of the T.H. North montage "Road rias been paved Lhrough the bituminous base course and is carrying traffic via temporary winter) connection to "old" Quaker Lane and T.H. 55. Aggregate base (Class 5) has been placed on the remainder of the North Frontage Road and on Revere Lane north of "Old" Quaker Lane. S. J. GROVES AREA II (10TH AVENUE) - CITY PROJECT NO. 648 CONTRACTOR: ENEBAK CONSTRUCTION CO. Muck excavation and granular street embankment construction in the Bassett Creek Marsh area are approximately 75% complete. Weather permitting, the Contractor proposes to install underground utility crossings and precast box culverts at Bassett Creek during January to take advantage of the low water level in the creek. Grading in the mitigation area ("Honeywell pond" and vicinity) is also proposed during January. Suite 150, One Carlson Parkway North, Minneapolis, Minnesota 55447 612) 475-0010 • FAX No. (612) 475-2429 M'Airlhl Construction Status - 2 - December 27, 1988 C.S.A.H. 6 AND BRIDGE NO. 27676 - CITY PROJECT NO. 250 CONTRACTOR: RICHARD KNUTSON, INC. Current construction status (work completed to date) is as follows: Bridge 40% Grading 70% Storm Sewer 60% Sanitary Sewer and Watermain 60% Bituminous Paving 30% Landscaping and Miscellaneous 20% Stage I construction activities have been completed and traffic has been switched to the south half of the new roadway. The removal of the old bridge is substantially complete and the Contractor will most likely be shutting down for the winter in the very near future. TDP/GGS/SRB/jal BOARNIAN & ASSOCIATES A Il r: II I I[ C 7 U P. E f N 6 1 N 1 k R I N 6 IN I F R I (I It NI %I C. r, MEMORANDUM PRESENT AT MEETING: Boarman & Associates Jon Rall Terwisscha Construction Keith Nelson Edean Landmark CLIENT/FIRM NAME: City of Plymouth PROJECT: Plymouth Fire Station #3 - Project "A" MEETING MINUTES #2 Spartan Mechanical Dennis Edwards Paqe Electric Gary Page DATE: 12/13/88 COMM.NO.: 1083.3 The following is a brief recap of topics, issues and events discussed at today's weekly general construction meeting held on the site. If any party present at today's meeting, associated with the work, but not present, notes any inconsistencies, incorrect statements, or items which need to be amended or revised in the text of this meeting memorandum, they should notify this office in writing, as soon as possible, so that the appropriate action can be taken to revise or correct the text. SUMMARY OF DISCUSSION The contractor shall reissue the construction schedule and provide copies to the Owner's representative, the architect, and all subcontractors. The updated schedule shall bring job progress up to date on all line items, and should include a separate sheet of keyline construction dates for important construction phases, and implementation dates for major items. 2. The contractors, including the primary subcontractors (mechanical and electrical), should submit written schedules accounting for work completed during the last period between construction meetings, and a two week projection of work to be completed, plus their evaluations of their overall estimate of completion and progress. In conjunction with this, they should note items to verify by architect or engineer, plus problems, whether they are having them with other subcontractors, the general contractor, and note delivery or scheduling delays, etc. They should be submitted at each meeting, where the architect and Owner's representative are going to be attending the weekly construction meetings. These would be on an average, the second and fourth Tuesdays at 9:00 a.m. of every month). 206 NORTH FIRST STREET MINNEAPOLIS, MINNESOTA. 55401 612-339-3752 From now on, I will plan on attending the contractor's weekly general construction meetings to be held at 9:00 a.m. on Tuesdays. I will be attending the second and the fourth Tuesday of each month, on a twice a month basis, unless otherwise preempted. 4. 1 will be on holiday from the 21 st of December - January 3rd of 1989. In my absence, please refer all questions and inquiries to Paul Mickelberg, the project architect, or David Kroos, the project manager. Please note that Boarman & Associates will be moving their offices from their present location to 222 North Second Street on December 16th, 1988. Our phone number will remain the same #339-3752). 5. Send one copy of the approved light fixture shop drawings, Section 16500 to Gary Page at Page Electric. Mike McGie is doing this today. Mike McGie has also sent a copy of the approved shop drawing back to Gary Page's electric light fixture supplier. 6. In the vehicle storage and apparatus room, all power and control wiring should be concealed wherever possible at all locations such as between overhead doors in the masonry walls. 7. An item to verify, what is the status of using Weathe Rite 0 HVAC equipment (primarily the MAU)? I think that this is a problem, and we should not use Weathe Rite 0 equipment if there is a question concerning its use, or UL/state approval of same. I have asked Dennis Edwards of Spartan Mechanical to address this issue in writing, immediately, to get this issue resolved, and to get the specified or other approved equals in place and on order, and not to delay the project anymore. cc: Chet Harrison - City of Plymouth Lyle Robinson - City of Plymouth Keith Nelson - Terwisscha Construction Company Edean Landmark - Terwisscha Construction Company Dennis Edwards - Spartan Mechanical Gary Page - Page Electric Project Book/Project File fc: DK/PM/JRO/MM/JB/File ARCHITECT'S OWNER _ FIELD REPORT ARCHITECT CONSULTANT FIELD AIA DOCUMENT G711 PROJECT: Plymouth Fire Station - #3 Project "A" CONTRACT: Terwisscha Construction Co. DATE: 12/13/88 TIME: 10:00 a.m FIELD REPORT NO.: #6 ARCHITECT'S PROJECT NO.: 1083.3 WEATHER: Overcast TEMP. RANGE:30 degrees EST.% OF COMPLETION: 15% Overall CONFORMANCE WITH SCHEDULE(+,-): On Schedule WORK IN PROGRESS: Install waste and vent piping in the basement; First floor level install waste vent and carriers for toilets; PRESENT AT SITE: Terwisscha Construction Company Spartan Mechanical Page Electric Hanging ductwork in lower level; J.D.R. Mechanical Electrical rough -in in basement; Laying up lower level masonry walls in basement; Core filling first floor bond beams at wall tops. OBSERVATIONS: The structural engineer has given his approval to use stack bond block to erect the block walls between the garage doors in the vehicle service bay area. Reinforcement for the stack bond walls should be as follows: Durowall truss type reinforcing every other course. 5 vertical reinforcement at 16" on center at grid lines #1 and #8, between grid lines A & B. The structural engineer says that the steel plate protection is not required to protect the plumbing above the firing line from bullets, since the bottom of the precast plank is 1-1 /2" thick and has not been breeched. The contractor was able to make the installation of the waste piping from the toilet room above the firing line, leaving the bottom portion of the plank in place, and the structural engineers from the precast manufacturers think that this is adequate protection. (Memo from BKBM to follow). III. The wall above the BR glazing in the control room will be masonry one course above the window, supported by a structural steel lintel, and steel stud and dry wall construction above this, to accommodate all of the penetrations through the wall for HVAC. All cavity spaces not occupied by ductwork will be packed with fiberglass insulation. Structural engineer and architect approved, BKBM memo to follow). REPORT BY: Jon T. Rall AIA DOCUMENT G711 * ARCHITECT'S FIELD REPORT * OCTOBER 1972 EDITION * AIA * 1972 THE AMERICAN INSTITUTE OF ARCHITECT'S, 1735 NEW YORK AVE., WASHINGTON, D.C. 20006 PAGE:1 OF:2 PAGES IV. As far as the electrical shop drawings go, the light fixture shop drawings Section 16500, were received on 9/2/88 by Boarman & Associates from Terwisscha Construction. They were approved as noted, and sent back to Terwisscha Construction Company on 9/6/88, in care of Tom Fossell. The contractor (Terwisscha's) lost the shop drawings. Boarman & Associates will send one copy of the approved shop drawing submittal to Page Electric directly today, and also to their supplier. This is so that we don't hold up on fixtures. V. PROGRESS REVIEW/PROJECT STATUS Foundation is 100% complete. Foundation waterproofing 100% complete. Backfill done. Reinforced concrete retaining wall done. Basement slab on grade completed one week ahead of schedule. First floor masonry walls 90% complete, should be finished on 12/20/88. Basement structural steel done. First floor precast done, including the grouting of the keys. First floor structural steel 99% complete, short one column. Second floor precast due to be set 12/19/88 and 12/20/88. Second floor structural steel due in 12/15 and 12/16/88. VI. In closet room #106 make sure that the burnished block goes all the way into the southeast corner, and verify dimensions and replace work if required, or hand burnish out block at the corner. VII. ITEMS TO VERIFY A. In the vehicle storage/apparatus bay area, the contractor wants to know if he can make the following change: Can the support pilasters on grid line B, at intersecting grids 3 and 6, be formed up and poured out of reinforced concrete rather than constructed out of reinforced masonry block with a burnished finish? If this is okayed by the structural engineer and the architect, the architects would like the finish to be a P2 finish, painted, and the pilaster should have champhered corners. The reinforced concrete pilaster should be isolated by a 5/8" wide control joint from the burnished block on either side of it, along grid line B, and that joint should be packed with rod stock, and caulked. The architects have accepted the change. I am waiting approval by structural engineers. (BKBM approved on 12/14/88 - Proceed with change). B. The architects are to verify the mortar color for the exterior brick veneer. Note that the brick for the building is due on site in approximately two weeks. C. I verified with the City that the PIV should be alarmed, and provided with a tamper switch. I will ask Mike McGie to check with the Fire Chief (Lyle Robinson) and get an exact description of the new scope of the work for this add to the contract. (By proposal request). cc: Edean Landmark - Terwisscha Construction Keith Nelson - Terwisscha Construction Chet Harrison - City of Plymouth Lyle Robinson - City of Plymouth Gary Page - Page Electric Dennis Edwards - Spartan Mechanical Dennis Goodno - BKBM Engineers Project Book/Project File fc: DK/PM/JRO/MM/JB/File 2